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Home My WebLink AboutFIN 2017-04-04 Item 2A - Ordinance - Public Safety Bond Financial Oversight Committee: Membership StructureCity of Tukwila Allan Ekberg, Mayor TO: Finance Committee FROM: Laurel Humphrey, Council Analyst [[: Mayor Ekberg DATE: March 9,2017 (Updated following March 21 Finance Committee meeting) SUBJECT: Ordinance amending Public Safety Bond Financial Oversight Committee ISSUE The proposed ordinance would ensure that membership of the Public Safety Bond Financial Oversight Committee is consistent across all legislative documents. DISCUSSION Ordinance 2509, passed on August 1, 2016, placed the Public Safety Bond Measure on the November 2016 ballot and provided for the appointment of a Financial Oversight Committee. The ordinance specified that the Financial Oversight Committee would include five members comprising two residents, two members of the business community, and one member from a nonprofit located in Tukwila. That ordinance also gave Council the authority tu "prescribe by ordinance nrresolution such other rules relating to the appointment process and the operation of the Financial Oversight Committee as shall be necessary oroppropriate." Resolution 1892, passed on October 3 2016, adopted a formal Charter that outlined a framework for the Financial Oversight Committee in greater detail. At that time, the Council decided that the Committee should include five members comprising two residents, two members from the business community, and one "at-large" member who could be from the residential, business, or nonprofit category. The City Attorney recommends amending the original nrdinancetoensunethataUlegislative documents pertaining to the Financial Oversight Committee are consistent. Staff recommends making the language in the ordinance aSgeneral as possible inthe event that future changes are desired byCouncil. If so, the Charter will be amended and the ordinance wit[ not need to be revisited. At its March 21, 2017 meeting, the Finance Committee requested assistance from the City Attorney regarding the definition of "economic life of the Project." The City Attorney suggested replacing the term with a clearer phrase, such as 1) so long as any bonds issued for the Project remain outstanding, 2) until all bonds related to the Project are issued, or a hybrid approach, 3) until all bond proceeds fo the Project are expended, unless earlier disbanded by a majority vote of the City Council. RECOMMENDATION Staff recommends that the Finance Committee forward the draft ordinance to the April 17.20173 Regular Consent Agenda with a recommendation to approve. ATTACHMENTS * Draft ordinance �17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2509 §5, TO UPDATE THE MEMBERSHIP STRUCTURE OF THE PUBLIC SAFETY BOND FINANCIAL OVERSIGHT COMMITTEE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2509 placed a measure on the November 8, 2016 General Election ballot proposing to issue general obligation bonds for the City of Tukwila Public Safety Plan and establishing a proposed framework for a Public Safety Bond Financial Oversight Committee; and WHEREAS, Resolution No. 1892 adopted a Charter for the Public Safety Bond Financial Oversight Committee that included a modification to the Committee makeup; and WHEREAS, qualified voters of Tukwila approved Proposition No. 1 at the November 8, 2016, General Election; and WHEREAS, the City Council desires to ensure consistency across all legislative documents that reference the Public Safety Bond Financial Oversight Committee; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Except as amended by this ordinance, all other provisions of Ordinance No. 2509 shall remain in full force and effect, and all actions taken at any time prior to the effective date of this ordinance that are consistent with Ordinance No. 2509 as so amended, are hereby ratified and confirmed in all respects. Section 2. Ordinance No. 2509 §5 Amended. Section 5 of Ordinance No. 2509 is hereby amended to read as follows: A. If the ballot proposition submitted by this ordinance is approved by the qualified voters of Tukwila, a Financial Oversight Committee shall be appointed by the City Council within six months following approval. The Financial Oversight Committee shall consist Of a minimum of five members and shall continue in existence for the economic life of the Project. . . . ko two residents, Nye mernbers frern the business GOMMURity, and ene individual W: Word Processing\Ordinances\Bond Financial Oversight Cmte membership structure 2-15-17.doc LH:bjs Page 1 of 2 B. The Financial Oversight Committee shall review the allocation of bond proceeds and progress on achieving the purposes of this proposition, and shall report at least semi- annually to the City Council on the same. The annual report shall be filed in paper and electronic form with the City Clerk. The Financial Oversight Committee may elect officers and establish rules of procedure. Financial Oversight Committee members shall serve without compensation and may be removed by the City Council following absence without cause from two or more meetings. The City Council may prescribe by ordinance or resolution such other rules relating to the appointment process and the operation of the Financial Oversight Committee as shall be necessary or appropriate. Section 3. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 12017. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk FWAI 01 11111 61wel 0.1 Lly, I Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Bond Financial Oversight Cmte membership structure 2-15-17.doc LH:bjs Page 2 of 2 El