Ordinance 32640006.900000
WSS /sds /gjz
06/21/99
ORDINANCE NO. 3264
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF
CHAPTER 7.50 ECC BY THE ADDITION OF A NEW
SECTION 7.50.060 ADMINSTRATIVE RATE ADJUSTMENT
AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, factors related to the topography or the physical characteristics of a
property, particularly the extent to which the presence or lack of stormwater detention, retention,
metering, treatment and other technological improvements or advances may place either an
increased burden on the City's stormwater utility or provide greater benefits to the utility than
the average property used in calculating the monthly ESU as such term is defined in ECC
7.50.050(d); and
WHEREAS, the City Council deems it appropriate to provide for flexibility in the
administrative adjustment of rates in order to most equitably distribute the costs and benefits of
the stormwater utility, and
WHEREAS, the City Council wishes to make it clear that the adjustments are to
be based solely upon the characteristics of the individual property and its attendant
improvements and not upon factors personal to the owner such as, but not limited to, the ability
of an individual to pay, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
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Section 1. The Edmonds City Code Chapter 7.50 Stormwater Management
Utility is hereby amended by the addition of a new Section 7.50.050 Administrative Rate
Adjustment to read as follows:
7.50.050 Administrative Rate Adjustment.
The City's Public Works Director is hereby authorized to make
adjustments to the City's stormwater utility rates as provided in
this Chapter in an amount up to 50% of the rate set in the
preceding Section in accordance with the following provisions:
A. Upon written application to the Public Works Director, a
customer may request review of the City's stormwater
management utility fee as applied to the specific developed
property to which the fee has been charged. The applicant shall
state the specific conditions and/or facilities on the site which the
applicant feels warrants adjustment of the rate as applied to the
property.
B. On his own motion, the Public Works Director may initiate
review of a stormwater utility charge to any parcel.
C. The Public Works Director shall have authority to increase
or decrease rates up to 50% of the level set by the City Council.
The sole criteria for adjusting the rate shall be a determination that
the physical characteristics of the site and in particular the
stormwater detention, retention and/or treatment facilities as
installed thereon by the owners or lack thereof, have significantly
increased the burden which the property places upon the City's
stormwater utility (in the event of an increase) or significantly
decreased the burden (in the event of a decrease) by providing
additional benefits over and above those which the average
property places upon the utility through on -site improvements
including but not limited to on -site pollution control mechanisms
or technologies which relate to water quality and the property's
impact upon the City's stormwater management system. Factors
personal to the property owner, such as ability to pay shall not be
considered.
D. The decision of the Public Works Director shall be in
writing. It may be appealed to the Edmonds City Council for
review. In that review process the determination of the Director
shall be given substantial weight and an applicant for decrease
shall have the burden of proof. In the event the Director has
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recommended an increase, the City Staff shall have the burden of
proof in the process. The decision of the Edmonds City Council
shall be final and shall not be appealable. The City Council may
either increase or decrease the rates within 50% of that set or may
elect, in its sole discretion, to apply the rate as established by
ordinance if the City Council determines that such property does
not differ substantially from other similarly situated ratepayers and
their properties.
Section 2. 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:
MAYOR, BARBARA S. FAHEY
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF T ATT RNEY:
BY >! �&
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 07/02/99
PASSED BY THE CITY COUNCIL: 07/06/99
PUBLISHED: 07/11/99
EFFECTIVE DATE: 07/16/99
ORDINANCE NO. 3264
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SUMMARY OF ORDINANCE NO. 3264
of the City of Edmonds, Washington
On the 6th day of July, 1999, the City Council of the City of Edmonds, passed
Ordinance No. 3264. 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 ECC BY THE ADDITION OF A NEW SECTION 7.50.060
ADMINSTRATIVE RATE ADJUSTMENT AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 7th day of July, 1999.
CITY CLERK, SANDRA S. CHASE
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STATE OF WASHINGTON,
COUNTY OF SNOHOD61ISH,
On the 6th day -of July, 1999,
the City Council of the City of
Edmonds, passed Ordinance No.
3264. A summary of the content
of said ordinance, consisting of
the title, provides as follows:
AN OR OF THE CITY
OF EDMONDS, WASHINGTON,
AMENDING THE PROVISIONS
OF CHAPTER 7.50 ECC BY
THE ADDITION OF A NEW
SECTION 7.50.060 ADMINI -
TRATIVE RATE ADJU N
AND FIXING A TIME WHEN
THE SAME SHALL BECOME
EFFECTIVE.
The full text of this Ordinance
will be mailed upon request.
DATED this 7th day of July,
1999.
City Clerk, SANDRA S. CHASE
-Published: July 11, 1999.
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ss.
Affidavit of Publication
REcm,VED
JUL 16
ENGINEERING
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 ......... ...............................
Summary__.of... Ordinance ...No.......3.264 .............. ..........
................ ............................... ........................................................ ...............................
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:
July.... 1.1 ........ 1 9 9 9 ............................................................. .... ....... ....................
......................................................................................................................................
and that said newspaper was regularly distributed to its subscribers
during all of said period.
_ . ...............................
'i:6
Principal Clerk
Subscribed and sworn to before me this........ 1.1- th.......
Ju.. y.......... .............. 19.9.9..
............ ............................... ......
Notary Public in and for the tate o Washington,
residing at Everett, Snoho h Court
NOTARY
N PUBLIC 2