Ordinance 339200006.900000
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11/12/01
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ORDINANCE NO. 3392
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING TITLE 10 OF THE EDMONDS
CITY CODE BY THE ADDITION OF A NEW CHAPTER 10.90
EDMONDS HISTORIC PRESERVATION COMMISSION, AND
FIXING A TIME WHEN THE SAME SHALL BE EFFECTIVE.
WHEREAS, after Public Hearing, the Edmonds City Council deems that it may
be in the public interest to provide for the identification, evaluation and protection of historic
resources within the City of Edmonds for future generations through special valuation, a property
tax incentive, as provided in Chapter 84.26 RCW in order to:
A. Safeguard the heritage of the City as represented by those buildings, districts,
objects, sites and structures which reflect significant elements of Edmonds history;
B. Foster civic and neighborhood pride in the beauty and accomplishments of the
past, and a sense of identity based on the City of Edmonds' history;
C. Stabilize or improve the aesthetic and economic vitality and values of such sites,
improvements and objects;
D. Assist, encourage and provide incentives to private owners for preservation,
restoration, redevelopment and use of outstanding historic buildings, districts, objects,
sites and structures;
E. Promote and facilitate the early identification and resolution of conflicts between
preservation of historic resources and alternative land uses; and,
F. Conserve valuable material and energy resources by ongoing use and maintenance
of the existing built environment, and
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WHEREAS, the City Council wishes to create a commission of citizens with
expertise in historic preservation and related disciplines as it reviews whether to adopt a Register
of Historic Places, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds City Code, Title 10 is hereby amended by the addition
of a new Chapter 10.90 Edmonds Historic Preservation Commission to read as follows:
Title 10
BOARDS AND COMMISSIONS
Chapter 10.90
EDMONDS HISTORIC PRESERVATION COMMISSION
Sections:
10.90.10
Creation and Size
10.90.20
Composition of the Commission
10.90.30
Terms
10.90.40
Powers and Duties
10.90.50
Rules and Officers
10.90.60
Commission Staff
10.90.010 Creation and Size.
There is hereby established an Edmonds Historic Preservation
Commission, consisting of seven members, as provided in subsection
10.90.020 below. Members of the Edmonds Historic Preservation
Commission shall be appointed by the Mayor and approved by the City
Council and shall be residents of Edmonds, except as provided in
subsection 10.90.020 (B) below.
10.90.020 Composition of the Commission.
A. All members of the Commission must have a demonstrated interest
or competence in historic preservation and possess qualities of impartiality
and broad judgement.
B. The Commission shall always include at least two professionals
who have experience in identifying, evaluating and protecting historic
resources and are selected from among the disciplines of history,
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architecture, architectural history, historic preservation, planning, cultural
anthropology, archaeology, cultural geography, American studies, law,
and real estate. Three positions shall be filled by citizens of Edmonds
with a demonstrated interest in historic preservation. One position shall be
filled as recommended by the Edmonds South Snohomish County
Historical Society. An additional position shall be filled by an Edmonds
City Council member. This member shall be a non - voting or ex- officio
member. The Commission action that would otherwise be valid shall not
be rendered invalid by the temporary vacancy of one or all of the
professional positions, unless the Commission action is related to meeting
Certified Local Government (CLG) responsibilities cited in the
Certification Agreement between the Mayor and the State Historic
Preservation Officer. Furthermore, in special circumstances, exception to
the residency requirement of Commission members may be granted by the
Mayor and City Council in order to obtain representatives from these
disciplines.
10.90.030 Terms.
The original appointment of members to the Commission shall be as
follows: three (3) for two (2) years, two (2) for three (3) years; and two (2)
for four (4) years. Thereafter, appointments shall be made for a three (3)
year term. Vacancies shall be filled by the Mayor for the unexpired term
in the same manner as the original appointment.
10.90.040 Powers and Duties.
The major responsibility of the Historic Preservation Commission is to
identify and actively encourage the conservation of the City's historic
resources by initiating and maintaining a register of historic places and
reviewing proposed changes to register properties; to raise community
awareness of the City's history and historic resources; and to serve as the
City's primary resource in matters of history, historic planning, and
preservation.
In carrying out these responsibilities, the Historic Preservation
Commission shall engage in the following:
A. Conduct and maintain a comprehensive inventory of historic
resources within the boundaries of the City and known as the Edmonds
Historic Inventory; publicize and periodically update inventory results.
Properties listed on the inventory shall be recorded on official zoning
records with a "HI" (for historic inventory designation). This designation
shall not change or modify the .underlying zone classification.
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B. Initiate and maintain the Edmonds Register of Historic Places.
This official register shall be compiled of buildings, structures, sites,
objects and districts identified by the Commission as having historic
significance worthy of recognition and protection by the City and
encouragement of efforts by owners to maintain, rehabilitate and preserve
properties.
C. Review nominations to the Edmonds Register of Historic Places
according to criteria in . Section 20.45.010 of this ordinance and adopt
standards in its rules to be used to guide this review and the issuance of a
certificate of appropriateness or waiver.
D. Review proposals to construct, change, alter, modify, remodel,
move, demolish or significantly affect properties or districts on the register
as provided in Chapter 20.45 and adopt standards in its rules to be used to
guide this review and the issuance of a certificate of appropriateness or
waiver.
E. Provide for the review either by the Commission or its staff of all
applications for approvals, permits, environmental assessments or impact
statements, and other similar documents pertaining to identified historic
resources or adjacent properties.
F. Conduct all Commission meetings in compliance with Chapter
42.30 RCW, Open Public Meetings Act, to provide for adequate public
participation and adopt standards in its rules to guide this action.
G. Participate in, promote and conduct public information,
educational and interpretive programs pertaining to historic and prehistoric
resources.
H. Establish liaison support, communication and cooperation with
federal, state and other local government entities which will further
historic preservation objectives, including public education, within the
City.
I. Review and comment to the City Council on land use, housing and
redevelopment, municipal improvement and other types of planning and
programs undertaken by any agency of the City, other neighboring
communities, Snohomish County, the state or federal governments, as they
relate to historic resources of the City.
J. Advise the City Council and chief local elected official generally
on matters of Edmonds history and historic preservation.
{WSS506123.DOC;1 /00006.900000/} - 4 -
K. Perform other related functions assigned to the Commission by the
City Council or chief local elected official.
L. Provide information to the public on methods of maintaining and
rehabilitating historic properties. This may take the form of pamphlets,
newsletters, workshops or similar activities.
M. Officially recognize excellence in the rehabilitation of historic
buildings, structures, sites and districts, and new construction in historic
areas; and encourage appropriate measures for such recognition.
N. Be informed about and provide information to the public and City
departments on incentives for preservation of historic resources including
legislation, regulations and codes which encourage the use of adaptive
reuse of historic properties.
O. Review nominations to the State and National Registers of Historic
Places.
P. Investigate and report to the City Council on the use of various
federal, state, local or private funding sources available to promote historic
resource preservation in the City.
Q. Serve as the local review board for Special Valuation and:
1) Make determinations concerning the eligibility of historic
properties for special valuation;
2) Verify that the improvements are consistent with the
Washington State Advisory Council's Standards for Rehabilitation
and Maintenance:
3) Enter into agreements with property owners for the
duration of the special valuation period as required under WAC
254 -20- 070(2);
4) Approve or deny applications for special valuation;
5) Monitor the property for continued compliance with the
agreement and statutory eligibility requirements during the 10 year
special valuation period; and
6) Adopt bylaws and/or administrative rules and comply with
all other local review board responsibilities identified in Chapter
84.26 RCW.
{WSS506123.DOC;1 /00006.900000/} - 5 -
R. The Commission shall adopt rules of procedure to address items C,
D, F, O and Q inclusive.
10.90.050 Rules and Officers.
The Commission shall establish and adopt its own rules of procedure, and
shall select from among its membership a chairperson and such other
officers as may be necessary to conduct the Commission's business.
10.90.060 Commission Staff.
Commission and professional staff assistance shall be designated by the
Mayor with additional assistance and information to be provided by other
City departments as may be necessary to aid the Commission in carrying
out its duties and responsibilities under this ordinance.
Section 2. This ordinance, being an exercise of a power specifically delegated to
the City legislative body, is not subject to referendum, and shall take effect five (5) days after
passage and publication of an approved summary thereof consisting of the title.
ATTEST /AUTHENTICATED:
� ITY „t � . l _,k/ ¢rte
C CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE I A T
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 3392
APPROVED:
, /6� A t �
M OR, G Y HAAKENSON
02/15/2002
02/19/2002
02/24/2002
03/01/2002
{WSS506123.DOC;1 /00006.900000/1 - 6 -
SUMMARY OF ORDINANCE NO. 3392
of the City of Edmonds, Washington
On the 19th day of February, 2002, the City Council of the City of Edmonds,
passed Ordinance No. 3392. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING TITLE 10
OF THE EDMONDS CITY CODE BY THE ADDITION OF A NEW CHAPTER 10.90
EDMONDS HISTORIC PRESERVATION COMMISSION AND FIXING A TIME WHEN THE
SAME SHALL BE EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 20th day of February, 2002.
CITY CLERK, SANDRA S. CHASE
{WSS506121DOC;1 /00006.900000/} - % -
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Adopted by Reference
Ordinance # 339 on 7 -1 -oZ
to sucl
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c 199 § CIfty Clerk
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,ents of Public Utilities
on or
1929
84.20.040 Realty not sulblect to tax on easement or
property thereon. Real estate subject to any such easement
shall not be chargeable with any tax levied upon such
easement or the property constructed upon or occupying such
easement and shall not be sold for the nonpayment of any
such tax. [1961 c 15 § 84.20.040. Prior: 1929 c.199 § 4;
RRS § 11191.1
84.20.050 Railroads excepted. This chapter shall not
apply to railroad easements or property. [1961 c 15 §
84.20.050. Prior: 1929 c 199 § 5; RRS § 11192.1
Chapter 84.26
HISTORIC PROPERTY
Sections
84.26.010 Legislative findings.
84.26.020 Definitions.
84.26.030 Special valuation criteria.
84.26.040 Application —Fees.
84.26.050 Referral of application to local review board— Agreement-
Approval or denial.
84.26.060 Notice to assessor of approval — Certification and filing —
Notation of special valuation.
84.26.070 Valuation.
84.26.080 Duration of special valuation — Notice of disqualification.
84.26.090 Disqualification for valuation — Additional tax —Lien-
Exceptions from additional tax.
84.26.100 Payment of additional tax — Distribution.
84.26.110 Special valuation— Request for assistance from state historic
preservation officer authorized.
84.26.120 Rules.
84.26.130 Appeals from decisions on applications.
84.26.900 Severability -1.985 c 449.
84.26.010 Legislative findings. The legislature finds
and declares that it is in the public interest of the people of
the state of Washington to encourage maintenance, improve-
ment, and preservation of privately owned historic landmarks
as the state approaches its Centennial year of 1989. To
achieve this purpose, this chapter provides special valuation
for improvements to historic property. [1985 c 449 § 1.]
84.26.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Historic property" means real property together
with improvements thereon, except property listed in a
register primarily for objects buried below ground, which is:
(a) Listed in a local register of historic places created by
comprehensive ordinance, certified by the secretary of the
interior as provided in P.L. 96 -515; or
(b) Listed in the national register of historic places.
(2) "Cost" means the actual cost of rehabilitation, which
cost shall be at least twenty -five percent of the assessed
valuation of the historic property, exclusive of the assessed
value attributable to the land, prior to rehabilitation.
(3) "Special valuation" means the determination of the
assessed value of the historic property subtracting, for up to
(2000 Ed.)
84.20.030
ten years, such cost as is approved by the local review
board.
(4) "State review board" means the advisory council on
historic preservation established under chapter 27.34 RCW,
or any successor agency designated by the state to act as the
state historic preservation review board under federal law.
(5) "Local review board" means a local body designated
by the local legislative authority.
(6) "Owner" means the owner of record.
(7) "Rehabilitation" is the process of returning a
property to a state of utility through repair or alteration,
which makes possible an efficient contemporary use while
preserving those portions and features of the property which
are significant to its architectural and cultural values. [1986
c 221 § 1; 1985 c 449 § 2.]
84.26.030 Special valuation criteria. Four criteria
must be met for special valuation under this chapter. The
property must:
(1) Be an historic property;
(2) Fall within a class of historic property determined
eligible for special valuation by the local legislative authori-
ty;
(3) Be rehabilitated at a cost which meets the definition
set forth in RCW 84.26.020(2) within twenty -four months
prior to the application for special valuation; and
(4) Be protected by an agreement between the owner
and the local review board as described in RCW
84.26.050(2). [1986 c 221 § 2; 1985 c 449 § 3.]
84.26.040 Application —Fees. An owner of property
desiring special valuation under this chapter shall apply to
the assessor of the county in which the property is located
upon forms prescribed by the department of revenue and
supplied by the county assessor. The application form shall
include a statement that the applicant is aware of the
potential tax liability involved when the property ceases to
be eligible for special valuation. Applications shall be made
no later than October 1 of the calendar year preceding the
first assessment year for which classification is requested.
The assessor may charge only such fees as are necessary to
process and record documents pursuant to this chapter.
[1986 c 221 § 3; 1985 c 449 § 4.]
84.26.050 Referral of application to local review
board — Agreement — Approval or denial. (1) Within ten
days after the filing of the application in the county
assessor's office, the county assessor shall refer each
application for classification to the local review board.
(2) The review board shall approve the application if the
property meets the criterion of RCW 84.26.030 and is not
altered in a way which adversely affects those elements
which qualify it as historically significant, and the owner
enters into an agreement with the review board which
requires the owner for the ten -year period of the classifica-
tion to:
(a) Monitor the property for its continued qualification
for the special valuation;
(b) Comply with rehabilitation plans and minimum
standards of maintenance as defined in the agreement;
[Title 84 RCW —page 231
84.26.050
Title 84 RCW: Property Taxes
(c) Make the historic aspects of the property accessible
to public view one day a year, if the property is not visible
from the public right of way;
(d) Apply to the local review board for approval or
denial of any demolition or alteration; and
(e) Comply with any other provisions in the original
agreement as may be appropriate.
(3) Once an agreement between an owner and a review
board has become effective pursuant to this chapter, there
shall be no changes in standards of maintenance, public
access, alteration, or report requirements, or any other
provisions of the agreement, during the period of the
classification without the approval of all parties to the
agreement.
(4) An application for classification as an eligible
historic property shall be approved or denied by the local
review board before December 31 of the calendar year in
which the application is made.
(5) The local review board is authorized to examine the
records of applicants. [1986 c 221 § 4; 1985 c 449 § 5.]
84.26.060 Notice to assessor of approval —
Certification and filing— Notation of special valuation.
(1) The review board shall notify the county assessor and the
applicant of the approval or denial of the application.
(2) If the local review board determines that the
property qualifies as eligible historic property, the review
board shall certify the fact in writing and shall file a copy of
the certificate with the county assessor within ten days. The
certificate shall state the facts upon which the approval is
based.
(3) The assessor shall record the certificate with the
county auditor.
(4) The assessor, as to any historic property, shall value
the property under RCW 84.26.070 and, each year the
historic property is classified and so valued, shall enter on
the assessment list and tax roll that the property is being
specially valued as historic property. [1985 c 449 § 6.1
84.26.070 Valuation. (1) The county assessor shall,
for ten consecutive assessment years following the calendar
year in which application is made, place a special valuation
on property classified as eligible historic property.
(2) The entitlement of property to the special valuation
provisions of this section shall be determined as of January
1. If property becomes disqualified for the special valuation
for any reason, the property shall receive the special valua-
tion for that part of any year during which it remained
qualified or the owner was acting in the good faith belief
that the property was qualified.
(3) At the conclusion of special valuation, the cost shall
be considered as new construction. [1986 c 221 § 5; 1985
c 449 § 7.1
84.26.080 Duration of special valuation— Notice of
disqualification. (1) When property has once been classi-
fied and valued as eligible historic property, it shall remain
so classified and be granted the special valuation provided
by RCW 84.26.070 for ten years or until the property is
disqualified by:
[Title 84 RCW —page 241.
(a) Notice by the owner to the assessor to remove the
special valuation;
(b) Sale or transfer to an ownership making it exempt
from property taxation; or
(c) Removal of the special valuation by the assessor
upon determination by the local review board that the
property no longer qualifies as historic property or that the
owner has failed to comply with the conditions established
under RCW 84.26.050.
(2) The sale or transfer to a new owner or transfer by
reason of death of a former owner to a new owner does not
disqualify the property from the special valuation provided
by RCW 84.26.070 if:
(a) The property continues to qualify as historic proper-
ty; and
(b) The new owner files a notice of compliance with the
assessor of the county in which the property is located.
Notice of compliance forms shall be prescribed by the state
department of revenue and supplied by the county assessor.
The notice shall contain a statement that the new owner is
aware of the special valuation and of the potential tax
liability involved when the property ceases to be valued as
historic property under this chapter. The signed notice of
compliance shall be attached to the real estate.excise tax
affidavit provided for in RCW 82.45.150. If the notice of
compliance is not signed by the new owner and attached to
the real estate excise tax affidavit, all additional taxes
calculated pursuant to RCW 84.26.090 shall become due and
payable by the seller or transferor at time of sale. The
county auditor shall not accept an instrument of conveyance
of specially valued historic property for filing or recording
unless the new owner has signed the notice of compliance or
the additional tax has been paid, as evidenced by the real
estate excise tax stamp affixed thereto by the treasurer.
(3) When the property ceases to qualify for the special
valuation the owner shall immediately notify the state or
local review board.
(4) Before the additional tax or penalty imposed by
RCW 84.26.090 is levied, in the case of disqualification, the
assessor shall notify the taxpayer by mail, return receipt
requested, of the disqualification. [2000 c 103 § 22; 1999 c
233 § 19; 1986 c 221 § 6; 1985 c 449 § 8.1
Effective date -1999 c 233: See note following RCW 4.28.320.
84.26.090 Disqualification for valuation — Additional
tax — Lien — Exceptions from additional tax. (1) Except as
provided in subsection (3) of this section, whenever property
classified and valued as eligible historic property under
RCW 84.26.070 becomes disqualified for the valuation, there
shall be added to the tax an additional tax equal to: year
the
(a) The cost multiplied by the levy rate in each y
property was subject to special valuation; plus
(b) Interest on the amounts of the additional tax at the
statutory rate charged on delinquent property taxes from the
dates on which the additional tax could have been paid
without penalty if the property had not been valued as
historic property under this chapter; plus
(c) A penalty equal to twelve percent of the amount
determined in (a) and (b) of this subsection.
(2) The additional tax and penalties, together with
applicable interest thereon, shall become a lien on the
(2000 Ed:)
;i
�t
i
(2000 Ed.)
[Title 84 RCW —page 251
Historic Property
84.26.090
property which shall have priority to and shall be fully paid
the provision to other persons or circumstances is
and satisfied before any recognizance, mortgage, judgment,
not
affected. [1985 c 449 § 15.]
debt, obligation, or responsibility to or with which the
property may become charged or liable.
(3) The additional tax, interest, and penalty shall not be
Chapter 84.33
imposed if the disqualification resulted solely from:
TIMBER AND FOREST LANDS
(a) Sale or transfer of the property to an ownership
4
making it exempt from taxation;
Sections
(b) Alteration or destruction through no fault of the
84.33.010
Legislative findings.
owner; or
84.33.020
Classification of timberlands.
(c) A taking through the exercise of the power of
84.33.035
Definitions.
eminent domain. [1986 c 221 § 7; 1985 c 449 § 9.]
84.33.040
Timber on privately or federally owned land exempted from
ad valorem taxation.
84.33.041
State excise tax on harvesters of timber imposed— Credit for
84.26.100 Payment of additional tax — Distribution.
county tax— Deposit of moneys in timber tax distribu-
The additional tax penalties, and /or interest provided by
84.33.046
tion account.
Excise tax rate July 1, 1988, and thereafter.
RCW 84.26.090 shall be payable in full thirty days after the
84.33.051
County excise tax on harvesters of timber authorized—
date which the treasurer's statement therefor is rendered.
Rate— Administration and collection— Deposit of mon-
Such additional tax when collected shall be distributed by
eys in timber tax distribution account —Use.
the county treasurer in the same manner in which current
84.33.073
Definitions.
taxes applicable to the subject land are distributers. [1985 c
84.33.074
Excise tax on harvesters of timber -- Calculation of tax by
."
449 § 10.1 _
84.33.075
small harvesters — Election — Filing form.
Excise tax on harvesters of timber— Exemption for certain
84.26.110 Special valuation — Request for assistance
84.33.077
84.33.0775
nonprofit organizations, associations, or corporations.
Credit for property taxes paid on timber on public land.
''.
from state historic preservation officer authorized. The
84.33.078
Timber harvest tax credit.
Sale of timber on nonfederally owned land Notice
:
local legislative authority and the local review board may
public —
of sale or prospectus to indicate tax treatment.
request the assistance of the state historic preservation officer
84.33.081
Distributions from timber tax distribution account —
in conducting special valuation activities. [1985 c 449 § 11.]
84.33.086
Payment7of tax. s from county timber tax account.
84.26.120
84.33.091
Tables of stumpage values— Revised tables — Legislative
Rules. The state review board shall adopt
Appeal.
rules necessary to carry out the purposes of this chapter.
84.33.096
ppreview—
Application of excise taxes' administrative provisions and
p
The rules shall include rehabilitation and maintenance
84.33.100
definitions.
Forest land valuation— Definitions.
standards for historic properties to be used as minimum re-
84.33.110
Forest land valuation— Grading forest land — Classes.
quirements by local review boards to ensure that the historic
84.33.112
Forest land valuation— Grading forest land— Completion
property is safe and habitable, including but not limited to:
date— Hearings.
(1) Elimination of visual blight due to past neglect.of
84.33.113
Forest land valuation— Grading forest land— Review of
maintenance and repair to the exterior of the building,
84.33.114
grades.
Forest land valuation -- Grading forest land -- Certification of
including replacement of broken or missing doors and
grades to department of revenue by department of natu-
natu-
E '
windows, repair of deteriorated architectural features, and
ral resources.
painting of exterior surfaces;
84.33.115
Forest land valuation— Grading forest land— Certification of
1
.,.
(2) Correction of structural defects and hazards;
grades to county assessors — Placement of forest land
within land grades.
(3) Protection from weather damage due to defective
84.33.11.6
Forest land valuation— Grading forest land— Notice to own-
roofing, flashings, glazing, caulking, or lack of heat; and
ers of grades— Petition for correction of grade— Appeal.
84.33.118
Forest land valuation—Grading forest land —Notice to own-
could cause or augment fire or explosion. [1985 c 449 §
ers of value established— Petitions for correction of
value.
12.]
84.33.120
Forest land valuation— Assessor to list forest land at grade
and class values— Computation of assessed value -
'
84.26.130 Appeals from decisions on applications.
Adjustment of values --- Certification— Use —Notice of
`
Any decision by a local review board on an application for
continuance— Appeals — Removal of classification -
Compensating tax.
classification as historic property eligible for special valua-
84.33.130
Forest land valuation — Application by owner that land be
tion may be appealed to superior court under RCW
designated and valued forest land— Hearing— Rules-
34.05.510 through 34.05.598 in addition to any other remedy
cation — Appeal.
Approval, denial of application—Appeal.
at law. Any decision on the disqualification of historic
84.33.140
Forest land valuation— Notation of forest land designation
property eligible for special valuation, or any other dispute,
upon assessment and tax rolls —Notice of continuance—
Removal of designation— Compensating tax.
may be appealed to the county board of equalization. [1989
84.33.145
Compensating tax — Deferral upon application for classifica-
c 175 § 178; 1985 c 449 § 13.]
lion under RCW 84.34.020 — Computation of tax-
i
f
Effective date -1989 c 175: See note following RCW 34.05.010.
84.33.170
Exemption.
Application of chapter to Christmas trees.
84.33.175 Application of tax —Sale of land to governmental agency
84.26.900 Severability -1985 c 449. If any provision
with reservation of rights to timber— Conveyance by
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
84.33.200 Legislative rreviewaof timber tax system — Information and
data to be furnished.
(2000 Ed.)
[Title 84 RCW —page 251
"4
Agency Vendor Payment Revolving Fund —Petty Cash Accounts
accot Adopted by Reference )plicable
! regul Ordinance #.1392 on a - /9 -Oz nt. The
Gusto dam` ;ed by a
suret, — ill times
and a City Clerk
account-
ing fc _ _.. addition
to other conditions required by law. [1979 c 151 § 77; 1969
ex.s. c 60 § 7.]
42.26.080 Violation of petty cash account require-
ments. If a post audit by the state auditor discloses the
amount of the petty cash account of any agency under this
chapter to be excessive or the use of the account to be in
violation of requirements governing its operation, the director
of financial management may require the return of the
account or of the excessive amount to the state treasury for
credit to the fund from which the advance was made. [1979
c 151 § 78; 1969 ex.s. c 60 § 8.]
42.26.090 Regulations for petty cash and accounts.
The director of financial management shall adopt such
regulations as may be necessary or desirable to implement
the provisions of this chapter. Such regulation shall include
but not be limited to, (1) defining limitations on the use of
petty cash, and (2) providing accounting and reporting
procedures for operation of the petty cash account. [1979 c
151 § 79; 1969 ex.s. c 60 § 9.]
42.26.900 Effective date -1969 ex.s. c 60. This
chapter shall take effect July 1, 1969. [1969 ex.s. c 60 §
12.]
Chapter 42.30
OPEN PUBLIC MEETINGS ACT
Sections
42.30.010 Legislative declaration.
42.30.020 Definitions.
42.30.030 Meetings declared open and public.
42.30.040 Conditions to attendance not to be required.
42.30.050 Interruptions— Procedure.
42.30.060 Ordinances, rules, resolutions, regulations, etc., adopted at
public meetings— Notice — Secret voting prohibited.
42.30.070 Times and places for meetings — Emergencies— Exception.
42.30.075 Schedule of regular meetings— Publication in state register —
Notice of change — "Regular" meetings defined.
42.30.080 Special meetings.
42.30.090 Adjournments.
42.30.1.00 Continuances.
42.30.110 Executive sessions.
42.30.120 Violations — Personal liability — Penalty— Attorney fees and
costs.
42.30.130 Violations — Mandamus or injunction.
42.30.140 Chapter controlling — Application.
42.30.200 Governing body of recognized student association at college
or university — Chapter applicability to.
42.30.900 Short title.
42.30.910 Construction -1971 ex.s. c 250.
42.30.920 Severability -1971 ex.s. c 250.
Drug reimbursement policy recommendations: RCW 43.20A.365.
:: 42.30.010 Legislative declaration. The legislature
finds and declares that all public commissions, boards,
councils, committees, subcommittees, departments, divisions,
(2000 Ed.)
42.26.070
offices, and all other public agencies of this state and
subdivisions thereof exist to aid in the conduct of the
people's business. It is the intent of this chapter that their
actions be taken openly and that their deliberations be
conducted openly.
The people of this state do not yield their sovereignty to
the agencies which serve them. The people, in delegating
authority, do not give their public servants the right to decide
what is good for the people to know and what is not good
for them to know. The people insist on remaining informed
so that they may retain control over the instruments they
have created. [1971 ex.s. c 250 § 1.]
Reviser's note: Throughout this chapter, the phrases "this act' and
"this 1971 amendatory act" have been changed to "this chapter." "This act'
[1971 ex.s. c 250] consists of this chapter, the amendment to RCW
34.04.025, and the repeal of RCW 42.32.010 and 42.32.020.
42.30.020 Definitions. As used in this chapter unless
the context indicates otherwise:
(1) "Public agency" means:
(a) Any state board, commission, committee, depart-
ment, educational institution, or other state agency which is
created by or pursuant to statute, other than courts and the
legislature;
(b) Any county, city, school district, special purpose
district, or other municipal corporation or political subdivi-
sion of the state of Washington;
(c) Any subagency of a public agency which is created
by or pursuant to statute, ordinance, or other legislative act,
including but not limited to planning commissions, library or
park boards, commissions, and agencies;
(d) Any policy group whose membership includes
representatives of publicly owned utilities formed by or
pursuant to the laws of this state when meeting together as
or on behalf of participants who have contracted for the
output of generating plants being planned or built by an
operating agency.
(2) "Governing body" means the multimember board,
commission, committee, council, or other policy or rule -
making body of a public agency, or any committee thereof
when the committee acts on behalf of the governing body,
conducts hearings, or takes testimony or public comment.
(3) "Action" means the transaction of the official
business of a public agency by a governing body including
but not limited to receipt of public testimony, deliberations,
discussions, considerations, reviews, evaluations, and final
actions. "Final action" means a collective positive or
negative decision, or an actual vote by a majority of the
members of a governing body when sitting as a body or
entity, upon a motion, proposal, resolution, order, or ordi-
nance.
(4) "Meeting" means meetings at which action is taken.
11985 c 366 § 1; 1983 c 155 § 1; 1982 1st ex.s. c 43 § 10;
1971 ex.s. c 250 § 2.1
Severability— Savings -1982 1st ex.s. a 43: See notes following
RCW 43.52.374.
42.30.030 Meetings declared open and public. All
meetings of the governing body of a public agency shall be
open and public and all persons shall be permitted to attend
any meeting of the governing body of a public agency,
[Title 42 RCW —page 591
42:30.030 Title 42 RCW: Public Officers and Agencies
except as otherwise provided in this chapter. [1971 ex.s. c
250 § 3.]
42.30.040 Conditions to attendance not to be
required. A member of the public shall not be required, as
a condition to attendance at a meeting of a governing body,
to register his name and other information, to complete a
questionnaire, or otherwise to fulfill any condition precedent
to his attendance. [1971 ex.s. c 250 § 4.]
42.30.050 Interruptions— Procedure. In the event
that any meeting is interrupted by a group or groups of
persons so as to render the orderly conduct of such meeting
unfeasible and order cannot be restored by the removal of
individuals who are interrupting the meeting, the members
of the governing body conducting the meeting may order the
meeting room cleared and continue in session or may
adjourn the meeting and reconvene at another location
selected by majority vote of the members. In such a session,
final disposition may be taken only on matters appearing on
the agenda. Representatives of the press or other news
media, except those participating in the disturbance, shall be
allowed to attend any session held pursuant to this section.
Nothing in this section shall prohibit the governing body
from establishing a procedure for readmitting an individual
or individuals not responsible for disturbing the orderly
conduct of the meeting. [1971 ex.s. c 250 § 5.]
42.30.060 Ordinances, rules, resolutions, regula-
tions, etc., adopted at public meetings— Notice— Secret
voting prohibited. (1) No governing body of a public
agency shall adopt any ordinance, resolution, rule, regulation,
order, or directive, except in a meeting open to the public
and then only at a meeting, the date of which is fixed by law
or rule, or at a meeting of which notice has been given
according to the provisions of this chapter. Any action taken
at meetings failing to comply with the provisions of this
subsection shall be null and void.
(2) No governing body of a public agency at any
meeting required to be open to the public shall vote by
secret ballot. Any vote taken in violation of this subsection
shall be null and void, and shall be considered an "action"
under this chapter. [1989 c 42 § 1; 1971 ex.s. c 250 § 6.]
42.30.070 Times and places for meetings -
Emergencies— Exception. The governing body of a public
agency shall provide the time for holding regular meetings
by ordinance, resolution, bylaws, or by whatever other rule
is required for the conduct of business by that body. Unless
otherwise provided for in the act under which the public
agency was formed, meetings of the governing body need
not be held within the boundaries of the territory over which
the public agency exercises jurisdiction. If at any time any
regular meeting falls on a holiday, such regular meeting shall
be held on the next business day. If, by reason of fire,
flood, earthquake, or other emergency, there is a need for
expedited action by a governing body to meet the emergen-
cy, the presiding officer of the governing body may provide
for a meeting site other than the regular meeting site and the
notice requirements of this chapter shall be suspended during
such emergency. It shall not be a violation of the require-
ments of this chapter for a majority of the members of a
governing body to travel together or gather for purposes
other than a regular meeting or a special meeting as these
terms are used in this chapter: PROVIDED, That they take
no action as defined in this chapter. [1983 c 155 § 2; 1973
c 66 § 1; 1971 ex.s. c 250 § 7.]
42.30.075 Schedule of regular meetings —
Publication in state register— Notice of change —
"Regular" meetings defined. State agencies which hold
regular meetings shall file with the code reviser a schedule
of the time and place of such meetings on or before January
of each year for publication in the Washington state register.
Notice of any change from such meeting schedule shall be
published in the state register for distribution at least twenty
days prior to the rescheduled meeting date.
For the purposes of this section "regular" meetings shall
mean recurring meetings held in accordance with a periodic
schedule declared by statute or rule. [1977 ex.s. c 240 §
12.]
Effective dat"everability -1977 ex.s. c 240: See RCW 34.08.905
and 34.08.910.
Public meeting notices in state register: RCW 34.08.020.
42.30.080 Special meetings. A special meeting may
be called at any time by the presiding officer of the govern-
ing body of a public agency or by a majority of the members
of the governing body by delivering personally or by mail
written notice to each member of the governing body; and to
each local newspaper of general circulation and to each local
radio or television station which has on file with the govern-
ing body a written request to be notified of such special
meeting or of all special meetings. Such notice must be
delivered personally or by mail at least twenty -four hours
before the time of such meeting as specified in the notice.
The call and notice shall specify the time and place of the
special meeting and the business to be transacted. Final
disposition shall not be taken on any other matter at such
meetings by the governing body. Such written notice may
be dispensed with as to any member who at or prior to the
time the meeting convenes files with the clerk or secretary
of the governing body a written waiver of notice. Such
waiver may be given by telegram. Such written notice may
also be dispensed with as to any member who is actually
present at the meeting at the time it convenes. The notices
provided in this section may be dispensed with in the event
a special meeting is called to deal with an emergency
involving injury or damage to persons or property or the
likelihood of such injury or damage, when time requirements
of such notice would make notice impractical and increase
the likelihood of such injury or damage. [1971 ex.s. c 250
§ 8.1
42.30.090 Adjournments. The governing body of a
public agency may adjourn any regular, adjourned regular,
special or adjourned special meeting to a time and place
specified in the order of adjournment. Less than a quorum
may so adjourn from time to time. If all members are
absent from any regular or adjourned regular meeting the
clerk or secretary of the governing body may declare the
meeting adjourned to a stated time and place. He shall
[Title 42 RCW —page 60] (2000 Ed.)
Open Public Meetings Act
cause a written notice of the adjournment to be given in the
same manner as provided in RCW 42.30.080 for special
meetings, unless such notice is waived as provided for
special meetings. Whenever any meeting is adjourned a
copy of the order or notice of adjournment shall be conspic-
uously posted immediately after the time of the adjournment
on or near the door of the place where the regular, adjourned
regular, special or adjourned special meeting was held.
When a regular or adjourned regular meeting is adjourned as
provided in this section, the resulting adjourned regular
meeting is a regular meeting for all purposes. When an
order of adjournment of any meeting fails to state the hour
at which the adjourned meeting is to be held, it shall be held
at the hour specified for regular meetings by ordinance,
resolution, bylaw, or other rule. [1971 ex.s. c 250 § 9.]
42.30.100 Continuances. Any hearing being held,
noticed, or ordered to be held by a governing body at any
meeting may by order or notice of continuance be continued
or recontinued to any subsequent meeting of the governing
body in the same manner and to the same extent set forth in
RCW 42.30.090 for the adjournment of meetings. [1971
ex.s. c 250 § 10.1
42.30.110 Executive sessions. (1) Nothing contained
in this chapter may be construed to prevent a governing
body from holding an executive session during a regular or
special meeting:
(a) To consider matters affecting national security;
(b) To consider the selection of a site or the acquisition
of real estate by lease or purchase when public knowledge
regarding such consideration would cause a likelihood of
increased price;
(c) To consider the minimum price at which real estate
will be offered for sale or lease when public knowledge
regarding such consideration would cause a likelihood of
decreased price. However, final action selling or leasing
public property shall be taken in a meeting open to the
public;
(d) To review negotiations on the performance of
publicly bid contracts when public knowledge regarding such
consideration would cause a likelihood of increased costs;
(e) To consider, in the case of an export trading
company, financial and commercial information supplied by
private persons to the export trading company;
(f) To receive and evaluate complaints or charges
brought against a public officer or employee. However,
upon the request of such officer or employee, a public
hearing or a meeting open to the public shall be conducted
upon such complaint or charge;
(g) To evaluate the qualifications of an applicant for
public employment or to review the performance of a public
employee. However, subject to RCW 42.30.140(4), discus-
sion by a governing body of salaries, wages, and other
conditions of employment to be generally applied within the
agency shall occur in a meeting open to the public, and
when a governing body elects to take final action hiring,
setting the salary of an individual employee or class of
employees, or discharging or disciplining an employee, that
action shall be taken in a meeting open to the public;
42.30.090
(h) To evaluate the qualifications of a candidate for
appointment to elective office. However, any interview of
such candidate and final action appointing a candidate to
elective office shall be in a meeting open to the public;
(i) To discuss with legal counsel representing the agency
matters relating to agency enforcement actions, or to discuss
with legal counsel representing the agency litigation or
potential litigation to which the agency, the governing body,
or a member acting in an official capacity is, or is likely to
become, a party, when public knowledge regarding the
discussion is likely to result in an adverse legal or financial
consequence to the agency;
0) To consider, in the case of the state library commis-
sion or its advisory bodies, western library network prices,
products, equipment, and services,-when such discussion
would be likely to adversely affect the network's ability to
conduct business in a competitive economic climate.
However, final action on these matters shall be taken in a
meeting open to the public;
(k) To consider, in the case of the state investment
board, financial and commercial information when the
information relates to the investment of public trust or
retirement funds and when public knowledge regarding the
discussion would result in loss to such funds or in private
loss to the providers of this information.
(2) Before convening in executive session, the presiding
officer of a governing body shall publicly announce the
purpose for excluding the public from the meeting place, and
the time when the executive session will be concluded. The
executive session may be extended to a stated later time by
announcement of the presiding officer. [1989 c 238 § 2;
1987 c 389 § 3; 1986 c 276 § 8; 1985 c 366 § 2; 1983 c 155
§ 3; 1979 c 42 § 1; 1973 c 66 § 2; 1971 ex.s. c 250 § I1.]
Severability— Effective date -1987 c 389: See notes following
RCW 41.06.070.
Severability -1986 c 276: See RCW 53.31.901.
42.30.120 Violations — Personal liability—Penalty-
Attorney fees and costs. (1) Each member of the governing
body who attends a meeting of such governing body where
action is taken in violation of any provision of this chapter
applicable to him, with knowledge of the fact that the
meeting is in violation thereof, shall be subject to personal
liability in the form of a civil penalty in the amount of one
hundred dollars. The civil penalty shall be assessed by a
judge of the superior court and an action to enforce this
penalty may be brought by any person. A violation of this
chapter does not constitute a crime and assessment of the
civil penalty by a judge shall not give rise to any disability
or legal disadvantage based on conviction of a criminal
offense.
(2) Any person who prevails against a public agency in
any action in the courts for a violation of this chapter shall
be awarded all costs, including reasonable attorney fees,
incurred in connection with such legal action. Pursuant to
RCW 4.84.185, any public agency who prevails in any
action in the courts for a violation of this chapter may be
awarded reasonable expenses and attorney fees upon final
judgment and written findings by the trial judge that the
action was frivolous and advanced without reasonable cause.
[1985 c 69 § 1; 1973 c 66 § 3; 1971 ex.s. c 250 § 12.]
(2000 Ed.) [Title 42 RCW —page 61]
42.30.130 Title 42 RCW: Public Officers and Agencies
42.30.130 Violations— Mandamus or injunction.
Any person may commence an action either by mandamus
or injunction for the purpose of stopping violations or
preventing threatened violations of this chapter by members
of a governing body. [1971 ex.s. c 250 § 13.]
42.30.140 Chapter controlling — Application. If any
provision of this chapter conflicts with the provisions of any
other statute, the provisions of this chapter shall control:
PROVIDED, That this chapter shall not apply to:
(1) The proceedings concerned with the formal issuance
of an order granting, suspending, revoking, or denying any
license; permit, or certificate to engage in any business,
occupation, or profession or to any disciplinary proceedings
involving a member of such business, occupation, or pro-
fession, or to receive a license for a sports activity or to
operate any mechanical device or motor vehicle where a
license or registration is necessary; or
(2) That portion of a meeting of a quasi-judicial body
which relates to a quasi - judicial matter between named
parties as distinguished from a matter having general effect
on the public or on a class or group; or
(3) Matters governed by chapter 34.05 RCW, the
Administrative Procedure Act; or
(4)(a) Collective bargaining sessions with employee
organizations, including contract negotiations, grievance
meetings, and discussions relating to the interpretation or
application of a labor agreement; or (b) that portion of a
meeting during which the governing body is planning or
adopting the strategy or position to be taken by the govern-
ing body during the course of any collective bargaining,
professional negotiations, or grievance or mediation proceed-
ings, or reviewing the proposals made in the negotiations or
proceedings while in progress. [1990 c 98 § 1; 1989 c 175
§ 94; 1973 c 66 § 4; 1971 ex.s. c 250 § 14.]
Effective date -1989 c 175: See note following RCW 34.05.010.
Drug reimbursement policy recommendations: RCW 43.20A.365.
Mediation testimony competency: RCW 5.60.070 and 5.60.072.
42.30.200 Governing body of recognized student
association at college or university— Chapter applicability
to. The multimember student board which is the governing
body of the recognized student association at a given campus
of a public institution of higher education is hereby declared
to be subject to the provisions of the open public meetings
act as contained in this chapter, as now or hereafter amend-
ed. For the purposes of this section, "recognized student
association" shall mean any body at any of the state's
colleges and universities which selects officers through a
process approved by the student body and which represents
the interests of students. Any such body so selected shall be
recognized by and registered with the respective boards of
trustees and regents of the state's colleges and universities:
PROVIDED, That there be no more than one such associa-
tion representing undergraduate students, no more than one
such association representing graduate students, and no more
than one such association representing each group of
professional students so recognized and registered at any of
the state's colleges or universities. [1980 c 49 § 1.]
[Title 42 RCW —page 621
42.30.900 Short title. This chapter may be cited as
the "Open Public Meetings Act of 1971 ". [1971 ex.s. c 250
§ 16.]
42.30.910 Construction -1971 ex.s. c 250. The
purposes of this. chapter are hereby declared remedial and
shall be liberally construed. [1971 ex.s. c 250 § 18.]
42.30.920 Severability -1971 ex.s. c 250. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstanc-
es is not affected. [1971 ex.s. c 250 § 19.]
Chapter 42.32
MEETINGS
Sections
42.32.030 Minutes.
Drug reimbursement policy recommendations: RCW 43.20A.365.
Open Public Meetings Act: Chapter 42.30 RCW.
42.32.030 Minutes. The minutes of all regular and
special meetings except executive sessions of such boards,
commissions, agencies or authorities shall be promptly
recorded and such records shall be open to public inspection.
[1953c216 §3.]
Reviser's note: RCW 42.32.010 and 42.32.020 were repealed by
1971 ex.s. c 250 § 15; later enactment, see chapter 42.30 RCW.
Chapter 42.36
APPEARANCE OF FAIRNESS DOCTRINE —
LIMITATIONS
Sections
42.36.010
Local land use decisions.
42.36.020
Members of local decision - making bodies.
42.36.030
Legislative action of local executive or legislative officials.
42.36.040
Public discussion by candidate for public office.
42.36.050
Campaign contributions.
42.36.060
Quasi-judicial proceedings —Ex parte communications pro-
hibited, exceptions.
42.36.070
Quasi - judicial proceedings —Prior advisory proceedings.
42.36.080
Disqualification based on doctrine —Time limitation for
raising challenge.
42.36.090
Participation of challenged member of decision - making
body.
42.36.100
Judicial restriction of doctrine not prohibited— Construction
of chapter.
42.36.110
Right to fair hearing not impaired.
42.36.900
Severability -1982 c 229.
42.36.010 Local land use decisions. Application of
the appearance of fairness doctrine to local land use deci-
sions shall be limited to the quasi - judicial actions of local
decision - making bodies as defined in this section. Quasi -
judicial actions of local decision - making bodies are those
actions of the legislative body, planning commission, hearing
examiner, zoning adjuster, board of adjustment, or boards
which determine the legal rights, duties, or privileges of
specific parties in a hearing or other contested case proceed-
ing. Quasi - judicial actions do not include the legislative
(2000 Ed.)
Page 1 of 1
WAC 254 -20 -070 Responsibilities of local review boards. (1) Following receipt of an application
for special valuation from the county assessor, the local review board shall, consistent with locally
adopted rules of procedure, determine if the property meets the following criteria:
(a) The property is historic property;
(b) The property is included within a class of historic property determined eligible for special
valuation by the local legislative authority under an ordinance or administrative rule; .
(c) The property has been rehabilitated at a cost which meets the definition set forth in RCW
84.26.020(2) within twenty -four months prior to the date of application; and
(d) The property has not been altered in any way which adversely affects those elements which
qualify it as historically significant.
(2) If the local review board finds that the property satisfies all four of the above requirements,
then it shall, on behalf of the local jurisdiction, enter into an agreement with the owner which, at a
minimum, includes the provisions set forth in WAC 254 -20 -120. Upon execution of said agreement
between the owner and the local review board, the local review board shall approve the application.
(3) If the local review board determines that the property does not meet all of the requirements for
special valuation, then it shall deny the application.
(4) An application for special valuation shall be approved or denied by the local review board
before December 31 of the calendar year in which the application is made. The local review board
shall certify its decision in writing and state the facts upon which the approval or denial is based. The
local review board shall file a copy of the certification with the county assessor within ten days of
issuing a decision.
(5) If the application is approved, the local review board shall forward a copy of the agreement,
the application, and supporting documentation as required by WAC 254 -20- 090(4) to the county
assessor for recording and shall notify the state review board that the property has been approved for
special valuation.
(6) Once an application for special valuation has been approved, the local review board shall
determine, according to its bylaws and rules of procedure, whether or not the property has become
disqualified, either because of the owner's failure to comply with the terms of the agreement, or
because of a loss of historic value resulting from physical changes to the building or site. In the event
that a local review board concludes that a property is no longer qualified for special valuation, it shall
notify the owner, the county assessor, and the state review board in writing and state the facts
supporting its findings.
[Statutory Authority: RCW 84.26.120. 86 -21 -103 (Order 86 -11), § 254 -20 -070, filed 10/20/86.]
Adopted by Reference
Ordinance #339 on 2- 19 -02.
ldl ..f
City Clerk
... /wac %20254 %20 - %2020 %20 - 070. htm? f = templates $fn = legdoc- frame.htm$3.0$q= 254- 20 -Oi3/ 14/2002
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
UMMARY OF ORDINANCE NO 3392
of the dy of Edmonds, Washington
On the 191h day of February. 200 ?, the Cay Council of
the City of Edmonds, passed Ordinance No. 3392 A
summary of the content of said ordinance, consisting of
'r the title, provides as follows:
r AN ORDINANCE OF THE'CITY OF EDMONDS, WASH'
INGTON, AMENDING TITLE 10 OF THE EDMONDS I
CITY CODE BY THE ADDITION OF A NEW CHAPTER I
10.90 EDMONDS HISTORIC RESERVATION OO�MMoc
SI N AN FIXI I A i rmc Y' HEN T„t --
(CTIVE.
The full text of this Ordinance will be mailed upon
request. yy
DATED this 20th CITYf CLERK, SANDRA S. CHASE
Published: February 24, 2002.
Affidavit of Publication
S.S.
The undersigned, being first duly sworn on oath deposes and says that she is
Principal Clerk of THE HERALD, a daily newspaper printed and published
in the City of Everett, County of Snohomish, and State of Washington; that
said newspaper is a newspaper of general circulation in said County and
State; that said newspaper has been approved as a legal newspaper by order
of the Superior Court of Snohomish County and that the notice
City of Edmonds
Summary of Ordinance No. 3392
a printed copy of which is hereunto attached, was published in said newspaper
proper and not in supplement form, in the regular and entire edition of said
paper on the following days and times, namely:
February 24, 2002
and that said newspaper was regularly distributed to its subscribers during
all of said period.
Subscribed and sworn to before me this 25th
day of
February 2002
RECEIVF.L
FEB 2 7 2002
EDMONDS CITY CLERK
Principal Clerk
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