HomeMy WebLinkAbout3649ORDINANCE NO. 26 41?
AN ORDINANCE of the city council of the city of
Kent, Washington, dissolving the Kent Downtown Public
Market Development Authority ("PDA"), ordering the city
clerk to cancel the charter of the PDA, and providing notice
of the PDA's dissolution in accordance with state law
WHEREAS, on March 3, 1998, the Kent city council enacted Ordinance
No 3396 that created the Kent Downtown Public Market Development Authority
("PDA") to acquire, renovate, operate, and manage the Lumberman Barn property,
located at 206 Railroad Avenue North in the city of Kent, as the home of the Kent
Downtown Public Market, and
WHEREAS, in order to accomplish the redevelopment of the
Lumberman Barn property, the city, on May 17, 1999, recorded a Quit Claim Deed,
which transferred the city's ownership interest in the Lumberman Barn property to the
PDA, along with the remaining budgeted funds dedicated for that project; and
WHEREAS, after renovation of the Lumberman Barn property, the PDA
leased the property to the Kent Downtown Partnership for it to sublease space to
various vendors, and subsequently also leased a portion of the Lumberman Barn
property to the city of Kent; and
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Development Authority - Dissolution
WHEREAS, the Kent Downtown Partnership advised the PDA
December 18, 2002, that it would not seek renewal of its lease with the PDA due to
difficulties of keeping the public market open, thereby allowing the PDA's lease wit)
the Kent Downtown Partnership to expire by its own terms on December 31, 2002, and
WHEREAS, the sole purpose of creating the PDA was for the PDA
maintain and manage the Lumberman Barn property in order to house a
indoor public market, and since the efforts to save the indoor market at that location
have failed, the need for the PDA longer exists; and
WHEREAS, the PDA's charter, dated June 18, 1998, adopted in
accordance with the city Ordinance No 3396, provides that in the event of the PDA's
chssolutron, title to all property or assets of the PDA shall vest in the city of Kent for its
use for public purposes; and
WHEREAS, in addition to the real property assets, the PDA also owned
personal property assets in the amount of $25,168 61 as of June 25, 2003, which
consisted of cash in the estimated amount of $1,285 00, investments in the estimated
amount of $23,430 00, and prepaid insurance in the amount of $453.61, and
WHEREAS, on or about June 25, 2003, the PDA transferred to the
of Kent all title and interest it had in the Lumberman Barn real property and all other
real and personal property assets of the PDA, and
WHEREAS, on July 1, 2003, the city council authorized the mayor to
accept all property, real and personal, that the PDA offered to transfer to the city and
authorized the mayor to execute all necessary documents in order to effect the
transfer, and
WHEREAS, all real and personal property of the PDA has now been
transferred to the city and, as such, it is now appropriate for the city to dissolve the
PDA, and
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Development Authority - Dissolution
WHEREAS, on July 1, 2003, the city council scheduled a public hearing
on the proposed dissolution of the PDA, and the city clerk provided appropriate public
notice of the public hearing, which public heanng was held at a regular city council
meeting on July 15, 2003; and
WHEREAS, after the public hearing on July 15, 2003, the city council
has determined that dissolution of the PDA is warranted, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS.
SECTION 1. — Fintims. The recitals set forth above are hereby
adopted and incorporated by reference In addition, the city council further finds that
1 All real and personal property of the PDA has been transferred
to, and accepted by, the city of Kent
2 Notice of the July 15, 2003, public hearing before the city
council regarding the dissolution of the PDA was properly given, and the PDA was
afforded an opportunity to present testimony regarding the dissolution.
3 The PDA is no longer needed as the indoor public market has
ceased to exist; therefore, dissolution of the PDA is warranted.
SECTION 2. — Dissolution The Kent Downtown Public Market
Development Authority is hereby dissolved. The city clerk is authorized and directed
to inscribe "charter canceled" on the original charter of the PDA and any duplicate
originals of the charter which may exist The city clerk is further authorized and
directed to provide notice of the dissolution in accordance with RCW 35.22 288 and to
any other entity that has requested special notice
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Development Authority - Dissolution
SECTION 3. — Indemnification As it does with city board and
commission members, the city shall provide competent legal counsel of its choosing, to
defend any current or former PDA board member or officer who is a party, or is
threatened to be made a party, to any threatened, pending, or contemplated action, suit,
or proceeding, whether civil, criminal, administrative, or investigative, ansmg from or
connected with that person's actions as a PDA board member or officer The city shall
pay or indemnify such PDA board member or officer against all expenses, fees,
judgments, fines, and amounts paid in settlement actually and reasonably incurred by
him or her in connection with such action, suit, or proceeding, except as otherwise
provided for city board and commission members under Kent City Code section
2 96 020 This indemnification provision shall survive the dissolution of the PDA
SECTION 4. — Authorization The city council specifically authorizes
the mayor to take any action and to execute any documents necessary to dissolve the
PDA
SECTION 5. — Severability If any one or more section, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this ordinance and the same
shall remain in full force and effect
SECTION 6. — Effective Date This ordinance shall take effect and be
in force thirty (30) days from and after its passage as provided
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ATTEST
BRENDA JACOBER CITY CLERK
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Development Authority - Dissolution
APPROVED AS TO FORM
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of !;�� 2003
APPROVED /S day of gatel- '2003
PUBLISHED day of 4W:�t 2003
I hereby certify that this is a true copy of Ordinance No oJbT
passed by the city council of the city of Kent, Washington, and approved by the
of the city of Kent as hereon indicated
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5 Kent Downtown Public Market
Development Authority - Dissolution