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Ordinance 34500006.90000 WSS /gjz 4/4/03 R:4/8/03 gj z R:4 /9 /03gjz ORDINANCE NO. 3450 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF CHAPTER 7.50 STORMWATER MANAGEMENT UTILITY TO ADD A NEW SECTION 7.50.070 STORMWATER MANAGEMENT SYSTEM DEVELOPMENT CHARGE IN ORDER TO ESTABLISH A CHARGE TO RECOVER THE COST OF ESTABLISHING THE STORMWATER MANAGEMENT SYSTEM TO NEW PATRONS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City has developed a Stormwater Management System Development Charge based in large part upon the contributions and payments of its citizens, and WHEREAS, the City has attempted to determine the reasonable cost of construction of the existing Stormwater Management System, and WHEREAS, the City Council deems it to be in the public interest to establish a fee,in the nature of a connection fee as authorized by RCW 35.92.025 in order that the property, owners may bear their equitable share of the cost of the Stormwater Management System, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 7.50 Stormwater Management Utility of the Edmonds City Code is hereby amended by the addition of a new Section 7.50.070 Stormwater Management System Development Charge to read as follows: {WSS541417.DOC;1 /00006.900000/} - 1 - 7.50.070 Stormwater Management System Development Charge In addition to any other charge prescribed by this chapter, a Stormwater Management System Development Charge shall be paid prior to the issuance of any building permit or development permit issued under the Edmonds Community Development Code ( "permit ") by the owner of any property, residential dwelling unit, or other structure that may hereafter be constructed in the City which benefits from the stormwater utility system constructed by the City. The Stormwater Management System Development Charge shall be equal to $428 per equivalent service unit (ESU) added to or created by the permit. ESU is defined in ECC 7.50.040(D). Section 2. The Mayor and staff are requested to report annually to the City Council in the annual budget process appropriate adjustments to the Stormwater Management System Development Charge and recommendations, if any, in order to incorporate improvements to the stormwater utility system to the end that each owner of property within the City who constructs a new ESU shall bear an equitable portion of the development cost of the existing stormwater utility system. Section 3. Effective Date. This ordinance, being an exercise of a power specifi- cally 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. APPROVED: MArk G HAAKENSON ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE {WSS541417.DOC;1 /00006.900000/1 - 2 - APPROVED AS TO FORM: OFFICE OF H ITY O BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: 04/11/2003 PASSED BY THE CITY COUNCIL: 04/15/2003 PUBLISHED: 04/20/2003 EFFECTIVE DATE: 04/25/2003 ORDINANCE NO. 3450 {WSS541417.DOC;1 /00006.900000/} - 3 - SUMMARY OF ORDINANCE NO. 3450 of the City of Edmonds, Washington On the 15th day of April, 2003, the City Council of the City of Edmonds, passed Ordinance No. 3450. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF CHAPTER 7.50 STORMWATER MANAGEMENT UTILITY TO ADD A NEW SECTION 7.50.070 STORMWATER MANAGEMENT SYSTEM DEVELOPMENT CHARGE IN ORDER TO ESTABLISH A CHARGE TO RECOVER THE COST OF ESTABLISHING THE STORMWATER MANAGEMENT SYSTEM TO NEW PATRONS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 16th day of April, 2003. '<4� I/ e-z� CITY CLERK, SANDRA S. CHASE {WSS541417.D0C;1 /00006.900000/} - 4 - Page 1 of 1 RCW 35.92.025 Authority to make charges for connecting to water or sewerage system -- Interest charges. Cities and towns are authorized to charge property owners seeking to connect to the water or sewerage system of the city or town as a condition to granting the right to so connect, in addition to the cost of such connection, such reasonable connection charge as the legislative body of the city or town shall determine proper in order that such property owners shall bear their equitable share of the cost of such system. The equitable share may include interest charges applied from the date of construction of the water or sewer system until the connection, or for a period not to exceed ten years, at a rate commensurate with the rate of interest applicable to the city or town at the time of construction or major rehabilitation of the water or sewer system, or at the time of installation of the water or sewer lines to which the property owner is seeking to connect but not to exceed ten percent per year: PROVIDED, That the aggregate amount of interest shall not exceed the equitable share of the cost of the system allocated to such property owners. Connection charges collected shall be considered revenue of such system. [1985 c 445 6; 1965 c 7 3,.5.92.025. Prior: 1959 c 90 8. Formerly RCW 80.40.025.1 Adopted by Ref rence Ordinance # 3 60 on -/ -03 City Clerk http: // search. mrsc .org /nxt/gateway. dll /rcw /rcw %20 %203 5 %20 %20title /rcw %20 %203 5 %2... 4/29/2003 STATE OF WASHINGTON, COUNTY OF SNOHOMISH S1IMMARV C)F (1RD,j.�A��F NO 34$p of the City of Edmonds, Washington On the 15th day of April, 2003, the City Council of the City of Edmonds, passed Ordinance No. 3450. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHING. TON, AMENDING THE PROVISIONS OF CHAPTER 7.50 STORMWATER MANAGEME r i TALLY TO ADD A NEW SECTION 7.50.070 STOAMWATER MANAGEMENLSYS-_ TFM DFVFI OpMF T (CHARGE IN ORDER TO ESTABLISH A CHARGE TO RECOVER THE COST OF ESTABLISHING THE STORMWATER MANAGEMENT SYSTEM TO NEW PATRONS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upomrequest. DATED this 16th day of April, 2003. � Published: April 20, 2003. CITY CLERK, SANDRA�ASE RECEIVED M AY 0 2 2003 EDMONDS CITY CLERK Affidavit ®f 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 of Edmonds Summary of Ordinance No. 3450 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: April 20, 2003 and that said newspaper Subscribed and sworn to me this day of April, 2003 Notary Public in and for the State of County. Account Name: City Of Edmonds Edmonds, City Of Account Number: 101416 =rin- all of said period. Principal Clerk 21st r o NOTA ..e m, resi t d -veret�,j qi ho���ush o #FoF�wAS��,,= - Order Number: 0001026097