Chapter 2.72 DOWNTOWN DEVELOPMENT AUTHORITY

For the purposes of facilitating economic development, job creation and employment opportunities within the city thereby improving the general living conditions and governmental efficiency within the city, a public authority is created, with powers and limitations as set out in this chapter and the Charter attached to the ordinance codified in this chapter, exclusively to undertake, assist and facilitate economic development and job creation in the city, all as authorized in the Act.
The city council reserves the right in its discretion and at any time to alter or change the structure, organizational programs, operations or activities of the authority, including dissolving the authority if the contracts entered into by the authority are not impaired. Any earnings of the authority beyond those necessary for the retirement of the indebtedness incurred by it shall not inure to the benefit of any person other than the city. (Ord. 2021 § 2, 1986)

Unless the context otherwise requires, the terms defined in this section, for all purposes of this chapter and of any ordinance supplemental hereto, shall have the meaning specified; words importing the singular include the plural number and vice versa:
A. “Act” means RCW 35.21.730 through 35.21.757.
B. “Authority” means the Anacortes Downtown Development Authority.
C. “Board of directors” or “board” means the governing body of the authority vested with the management of the affairs of the authority.
D. “Bylaws” mean the rules for the regulation and management of the affairs of the authority.
E. “Charter” means the Charter of the authority.
F. “City” means the city of Anacortes.
G. “Council” means the city council of the city of Anacortes.
H. “Mayor” means the mayor of the city of Anacortes.
I. “Ordinance” means the ordinance codified in this chapter establishing the authority.
J. “RCW” means the Revised Code of Washington.
K. “Resolution” means an official action of the board. (Ord. 2021 § 1, 1986)

The authority is an independent legal entity exclusively responsible for its own debts, obligations and liabilities. All liabilities incurred by the authority shall be satisfied exclusively from the assets and credit of the authority; no creditor or other person shall have any recourse to the assets, credit, or services of the city on account of any debts, obligations, liabilities, acts, or omissions of the authority. (Ord. 2021 § 5, 1986)

A. Except as limited by the state constitution, state law, the city Charter or ordinances, this chapter or the Charter attached to the ordinance codified in this chapter, the authority shall have and may exercise all lawful powers necessary or convenient to effect the purposes for which the authority is organized and to perform authorized corporate functions.
B. As specifically authorized by RCW 35.21.730, the city can transfer to the authority any funds, real or personal property, property interests or services, with or without consideration.
C. Other specific powers of the authority derived from the general powers created shall be as further delineated in the Charter.
D. As further specifically authorized by RCW 32.21.730, the city empowers the authority to administer and execute federal grants or programs; receive and administer private funds, goods, or services for any lawful public purpose; and perform any lawful public purpose or public function.
E. As specifically authorized by RCW 32.20.745, the city empowers the authority to own and sell real and personal property; to contract with individuals, associations, corporations, the state and the United States; to sue and be sued; to loan and borrow funds and issue bonds and other instruments evidencing indebtedness; to transfer any funds, real or personal property, property interests, or services; to do anything a natural person may do; and to perform all manner and type of community services. (Ord. 2021 § 6, 1986)

The authority shall have no power of eminent domain nor any power to levy taxes or special assessments.
The city shall provide for the organization and operation of the authority and by ordinance may dissolve the authority and shall control and oversee the operations and funds of the authority in order to correct any deficiencies and to assure that the public purposes of each program undertaken by the authority are reasonably accomplished. (Ord. 2021 § 7, 1986)

The Charter, set forth in Exhibit A attached to the ordinance codified in this chapter and incorporated in full by this reference, containing such provisions as are authorized by and not in conflict with state law, the city Charter and ordinances, or this Chapter, is approved and is in effect upon the issuance of the Charter as sealed and attested by the city clerk-treasurer. The Charter shall be issued within three working days after the ordinance codified in this chapter becomes effective. The authority shall conduct its affairs in accordance with the Charter and the provisions of state law. The Charter shall be on file with the city clerk-treasurer. The Charter shall be amended only by city ordinance. (Ord. 2021 § 8, 1986)

A. A board of directors is established to govern the affairs of the authority. The board shall consist of the mayor and the members of the city council. All corporate powers of the authority shall be exercised by or under the authority of, and the business, property and affairs of the authority shall be managed under the direction of the board, except as may otherwise be provided in the Charter, the bylaws and state law. The board may delegate administrative and managerial duties to employees of the authority. The board shall have authority to employ its own staff and independent professional consultants to carry out its duties, provide for their compensation, designate one or more depositories, provide for reimbursement for expenses, provide for board meetings, provide for the principal office of the authority if required and other matters necessary for the operation of the authority. No member of the board shall be entitled to receive any compensation for serving on the board or as an officer of the authority.
B. The members of the board, all appointed by reason of the public office which they hold as either mayor or member of the city council of the city, shall serve until they no longer occupy that public office. The city council shall fill vacancies in the board by an appointing resolution amending this section. (Ord. 2021 § 10, 1986)

At all meetings of the board, a majority of the board shall be sufficient to constitute a quorum. Every official act or decision done or made by a majority of the members of the board present at a meeting of the authority duly held, at which a quorum is present and acting, shall be regarded as an act of the board. All actions of the board must be made by resolution. (Ord. 2021 § 11, 1986)

The authority may be dissolved by adoption of a city ordinance to that effect. Dissolution shall be accomplished as provided in state law and city ordinance and shall not take effect until proper provision has been made for existing contracts and obligations and for disposition of all authority assets. Upon dissolution, title to all remaining assets and property of the authority shall vest in the city unless the city council, trustee or court has provided for the transfer of any authority rights, assets or properties to a qualified entity or entities which will fulfill the purposes for which the authority was chartered.
As specifically authorized in RCW 35.21.750, in the event of the insolvency or dissolution of the authority, the Superior court of Skagit County shall have jurisdiction and authority to appoint trustees or receivers of corporate property and assets and supervise such trusteeship or receivership. All liabilities incurred by the authority shall be satisfied exclusively from the assets and properties of the authority. No creditor or other person shall have any right of action against the city on account of any debts, obligations, or liabilities of the authority. (Ord. 2021 § 13, 1986)