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Ordinance 1832ORD-NANCE NO. 1832 AN ORDINANCE OF THE CITY.OF EDMONDS, WASHINGTON, CREATING A NEW CHAPTER 4.04 IN THE EDMONDS CITY CODE, PROVIDING FOR THE LEVYING AND UTILIZATION OF A MOTOR VEHICLE EXCISE TAX; DECLARING PURPOSES FOR SUCH TAX; IMPOSING LIMITATIONS. WHEREAS, the Legislature in RCW 35.58.273 has authorized municipalities to levy and collect a special excise tax on motor vehicles for the cost of acquiring, construction, equipping or operating a publicly owned mass transportation system and related facilities or contracting for the services thereof, or to pay or secure the payment of all or part of the principal or interest on any general obligation bond or revenue bond issued for public transportation capital purposes, and WHEREAS, the City of Edmonds finds that present revenues are inadequate and insufficient to adequately provide the citizens with adequate mass transportation services, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO ORDAIN AS FOLLOrvS : Section 1. A new chapter, Chapter 4.04, entitled "Motor Vehicle Excise Tax" is hereby created. Section 2. 4.'04.010. Declaration of Intent and Pur-pose. The City of Edmonds finds that mass .public transportation is essential and necessary for the proper protection of the health, welfare and safety of the citizens of Edmonds. In order to provide the necessary services the City has con- tracted with the Municipality of Metropolitan Seattle to provide the necessary services for the citizens of Edmonds. The City Council of the City of Edmonds specifically finds that the levying and collection of excise taxes authorized by RCW 35.58.273 is essential to provide adequate mass transportation services. Section 3. 4.04'.0'20. Levy of flax. From and after January 1, 1976, there is hereby levied a special excise tax of one percent (1%) on the fair market value of every motor vehicle owned by a resident of the City of Edmonds for the privilege of using such motor vehicle in the City of Edmonds; provided that in no. event shall said tax be less than one dollar ($1.00). Subject to the provisions of subsection 2 of RCW 82.44.150 in the amount of such tax shall be credited against the amount of the excise tax levied by the State of Washington pursuant to the provisions of RCW 82.44.020. Section 4. 4.04.030. Exemption. Any vehicle for which an excise tax is payable under RCW 82.44.030 and RCW 82.44.070 shall be exempt from the tax imposed by this chapter. Section 5. 4.04.040. Schedule and Basis for `fax. The schedule and basis for the excise tax imposed under the terms of this chapter shall be as provided in RCW 82.44.040-- 050. Penalties, receipts, abatements, refunds and all other similar matters relating to the tax shall be as provided in Chapter 82.44 of the Revised Code of Washington. Section 6. 4.04.050. Procedure for Collection. The excise tax levied pursuant to this chapter shall be due and payable as set forth in RCW 82.44.060 and shall be collected by the county auditor of Snohomish County and remitted to the State at no cost to the City of Edmonds. Section 7. 4.04.060. Purposes and Uses of Money. All taxes levied and collected pursuant to the provisions of this chapter shall be credited to the City of Edmonds and shall be used solely for the purpose of paying all or any part of the cost of acquiring, construction, equipping or operating a publicaly owned mass transportation system and related facilities or contracting for the services thereof, or to pay to secure the payment of all or part of the principal or interest on any general obligation bonds or revenue bonds issued for public transportation capital purposes and until withdrawn for use the monies accumulated in such fund or funds may be invested by the Treasurer of the City of Edmonds in the manner authorized by the City Council of the City of Edmonds, all pursuant to 35.58.279 as now exists or may hereafter be amended. Section 8. 4.04.'070. Limitation on Internal Combustion Engines. no new internal combustion powered equipment shall be acquired with funds derived from the taxes levied and collected herein or with funds derived from general obliga- tion bonds wholly or partly secured by the taxes levied and collected herein, unless they meet the standards for control of pollutants emitted by internal combustion engines as determined by the State Air Pollution Control Board, which standards shall not be less than those required by similar federal standards, all pursuant to 35.58.2971 as now exists or may hereafter be amended. Section 9. 4.04`.0'80. Parking Facilities. The construc- tion of parking facilities to be wholly or partially financed with funds derived from the taxes levied and collected under this chapter or with funds derived from the general obligation bonds wholly or partially secured by taxes collected under this chapter shall be in conjunction with and adjacent to public transportation stations or transfer facilities, all pursuant to the provisions of RCW 35.58.2792 as now exists or may hereafter be amended. MIM Section 10. 4.04.090. Right -of -Way Limitations. Before utilizing any excise tax money collected pursuant to this chapter for the acquisition of right-of-way or construc- tion of a mass transit facility on a separate right-of-way the City Council of the City of Edmonds shall adopt rules, adopt regulations and conduct hearings as provided in RCW 35.58.273 as now exists or may hereafter be amended. Section 11. 4.04.110. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate district and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section.'12. 4.04.300. This ordinance shall take effect immediately and relate back to and include revenues collected in the first calender quarter of 1976. APPROVED: MA, OR PRO TEM ATTEST: CIT CLERK, IREN" VARNEY MORAN FILED WITH THE CITY CLERK: March 17, 1976 PASSED BY THE CITY COUNCIL: March 23, 1976 PUBLISHED: March 31, 1976 -4- AFFIDAVIT OF PUBLICATION - STATE OF WASHINGTON ss COUNTY OF SNOHOMISH THOMAS J. COAD, being first duly sworn, on oath deposes and says that he is the Publisher of the EDMONDS TRIBUNE -REVIEW, a weekly newspaper. That said newspaper is a legal newspaper and has been designated as such by Court Order No. 38282, and is now and has been for more than six months prior to the date of the publications herein- after referred to, published in the English language continually as a weekly newspaper in Snohomish County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper, and that it was of general circulation in said Snohomish County That the annexed is a true copy of a Ordinance N o . 1,932 as it was published in regular issues (and not in supplement form) of said news- paper once each week for a period of One momeDIUM week/, commencing on the 31St day of March 1976, and ending on the day of 19 —, both dates inclusive, and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $ 2 3.8 0 , which amount has been paid in full, at the rate of $ 2 0 00 a hundred words for the first insertion and $ a hundred words for each subsequent insertion. Subscribed and sworn to before me this dayofM a rc h 19 _7A E' �c Notary Public in and for the State of Washington, residing at Edmonds, Wash. it later, Eric Faste and je store. w.. Stroke Clubs have bee founded in five Washepngtao communities during d year. The clubs, affiliated wit a the Washington State Hea Association, offer social ar recreational activities f4 I stroke persons and the 6 families. 1 N ion Sale WASHINGTON DO ORDAIN' for control of pollutants emitted y AS FOLLOWS: by internal combustion engines Section 1. A new chapter, as determined by the State Air Chapter 4.04, entitled "Motor Pollution Control Board, which Vehicle Excise Tax; is hereby standards shall not be less than created. ' those required by similar Section 2. 4.04.010. Declara- federal standards, all pursuant tion of Intent and Purpose. The to 35.58.2971 as now exists or .City of Edmonds finds that may hereafter be amended. mass public transportation is Section 9. 4.04.080. Parking essential and necessary for the Facilities. The construction of proper protection of the health, parking facilities to be wholly or welfare and safety of the partially financed with funds citizens of Edmonds. In order to derived from the taxes provide the necessary services .levied and collected under this chapter the City has contracted with the or with funds derived from the Municipality of Metropolitan general obligation bonds wholly Seattle to provide the necessary or partially secured by taxes services for the citizens of collected under this chapter Edmonds. The City Council of shall be in conjunction with and the City of Edmonds adjacent to public transporta- specifically finds that the levy- tion stations or transfer ing and collection of excise facilities, all pursuant to the taxes authorized by RCW provisions of RCW 35.58.2792 as 35.58.273 is essential to provide now exists or may hereafter be adequate mass transportation amended. services. Section 10. 4.04.090. Right -of - Section 3. 4.04.020. Levy of Way Limitations. Before utiliz- Tax. From and after January 1, ing any excise tax money 1976, there is hereby levied a collected pursuant to this special excise tax of one chapter for the acquisition of percent (1%) on the fair market right-of-way or construction of a value of every motor vehicle owned b a— 'd t f th C' mass transit facility on a separ- si en o e ,ty of Edmonds for the privilege of ate right-of-way the City Council of the City of Edmonds using such motor vehicle in the shall adopt rules, adopt regula- City of Edmonds; provided that lions and conduct hearings as in no event shall said tax be less provided in RCW 35.58.273 as than one dollar ($1.00). Subject now exists or may hereafter be to the provisions of subsection 2 amended. MON of RCW 82.44.150 in the amount Section 11. 4.04.110. of such tax shall be credited Severability. If any section, against the amount of the excise subsection, sentence, clause, STATE OF WASH] tax levied by the State of phrase or portion of this Ordin- COUNTY OF SNO Washington pursuant to the ante is for any reason held Provisions of RCW 82.44.020. invalid or unconstitutional by Section 4. 4.04.030. any court of competent jurisdic- THOMAS J. ( Exemption. Any vehicle for lion, such portion shall be that he is the Publisher of the EDMONDS TRIBUNE-REVIEV which an excise tax is payable deemed a separate district and ewspaper and has been designated as such under RCW 82.44.030 and RCW independent provision and such by Court Order No. 82.44.070 shall be exempt, from holding shall not affect the prior to the date of the publications herein - the tax imposed by this chapter. Section 5. 4.04.040. Schedule validity of the remaining Pnglish language continually as a weekly portions of this Ordinance. and Basis for Tax. The schedule Section 12. 4.04.300. This ashington, and it is now and during all of and basis for the excise tax ordinance shall take effect imposed under the terms of immediately and relate back to ntained at the aforesaid place of publication this chapter shall be as Provided in RCW 82.44.040 — and include revenues collected )f general circulation in said Snohomish in the first calender quarter of 050. Penalties, receipts, abate- 1976. ments, refunds and all other APPROVED: (} rd i ri ari c e T\T o . 1 32 similar matters relating to the H.H. HARRISON tax shall be as provided in MAYOR, Chapter 82.44 of the Revised H.H. HARRISON I Code of Washington. ATTEST: (and not in supplement form) of said news - Section 6. 4.04,050. Procedure for Collection. The excise tax IRENE VARNEY MORAN of nnA Xotimolhm weekA CITY CLERK, ' levied pursuant to this chapter IRENE VARNEY MORAN of March 1976, shall be due and payable as set FILED WITH THE CITY forth in RCW 82.44.060 and shall CLERK: March 17, 1976 of 19-1 be collected by the county PASSED BY THE CITY newspaper was regularly distributed to its auditor of Snohomish County COUNCIL: March 23, 1976 and remitted to the State at no PUBLISHED: March 31 1976 -1• That the full amount of the fee charged cost to the City of Edmonds. Section 7. 4.04.060. Purposes 674 um of $ 23.80 ,which amount has and Uses of Money. All taxes tt, ,11C ia,C �l a 00 a hundred words for the first insertion levied and collected pursuant to ORDINANCE NO.1832 the provisions of this chapter a hundred words for each subsequent insertion. AN ORDINANCE OF THE shall be credited to the City of CITY OF EDMONDS, WASH- Edmonds and shall be used INGTON, CREATING A NEW solely for the purpose of paying ' CHAPTER 4.04 IN THE EDMONDS CITY all or any part of the cost of March CODE, acquiring, construction, equip- bed and sworn to before me this St day of 19�, PROVIDING FOR THE LEVY- ping or operating a publicaly ING AND UTILIZATION OF A owned mass transportation �. �� �r f�� ��- MOTOR VEHICLE EXCISE system and related facilities or TAX; DECLARING contracting for the services Public in and for the State of Washington, residing at Edmonds, Wash. PURPOSES FOR SUCH TAX; thereof, or to pay to secure the IMPOSING LIMITATIONS. payment of all or part of the WHEREAS, the Legislature principal or interest on any in RCW 35.58.273 has authorized general obligation bonds or municipalities to levy and revenue bonds issued for public collect a special excise tax on transportation capital purposes motor vehicles for the cost of and until withdrawn for use the acquiring, construction, equip- monies accumulated in such Ping or operating a publicly fund or funds may be invested owned mass transportation by the Treasurer of the City of system and related facilities or Edmonds in the manner contracting for the services authorized by the City Council thereof, or to pay or secure the of the City of Edmonds, all Payment of all or part of the pursuant to 35.58.279 as now principal or interest on any exists or may hereafter be general obligation bond or amended. revenue bond issued for public Section 8. 4.04.070, Limitation transportation capital on Internal Combustion purposes, and Engines. no new internal WHEREAS, the City of combustion powered equipment Edmonds finds that present shall be acquired with funds revenues are inadequate and derived from the taxes levied insufficient to adequately and collected herein or with provide the citizens with funds derived from general adequate mass transportation obligation bonds wholly or services, now, therefore, partly secured by the taxes THE CITY COUNCIL OF levied and collected herein, THE CITY OF EDMONDS, unless they meet the standards