Ordinance 3917Policies; and
Policy; and
Ilia 1 M/X[IN 02M I i
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF ECC
CHAPTERS 2.25, 2.30 AND 2.35 TO INCORPORATE
UPDATES TO CERTAIN CITY PERSONNEL POLICIES AND
TO ADD A SECTION RELATING TO SPECIAL DUTY PAY;
PROVIDING FOR SEVERABILITY; AND SETTING AN
EFFECTIVE DATE.
WHEREAS, the City has recently updated certain provisions of its Personnel
WHEREAS, the City has recently adopted a special duty pay policy; and
WHEREAS, the City has recently adopted a Non -represented Compensation
WHEREAS, the City wishes to revise its municipal code to incorporate the
updated Personnel Policy provisions and add the special duty pay provision, and add certain
provisions of the Non -represented Compensation Policy; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. ECC Section 2.25.050, entitled "Payment of Claims, Demands and
Vouchers," is hereby amended as follows (deleted language in strike -through, new language
underlined):
2.25.050 Travel authorization and expense reimbursement policies.
A. Policy. It is the city's policy to provide payment for the reasonable
accommodation of travel required to conduct city business by city officials and
employees.
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B. Applicability. This section and the policies contained herein shall be applicable
to all elected officials, members of boards and commissions and city employees
unless otherwise specifically exempted.
C. Authorization for Travel. All requests for travel or training shall be submitted
and approved on an autherization to a4end/4r-avel Authorization to Travel and
Attend Training form prior to the person's departure date.
1. All anticipated costs should be listed on the form, whether the costs are known
or reasonably estimated.
2. The mayor is authorized to approve all employee's requests which are included
within the city's annual budget.
D. Travel and Training Request - City Council Approval. City Council President
approval must be obtained of all travel and training requests for members of the
city council and members of city boards and commissions.
E. Accommodations. Accommodations, such as transportation, lodging and
conference registration shall normally be arranged in advance by designated staff
member and billed directly to the city. Accommodations shall be made at the
lowest reasonable rate available, such as coach fare for air transportation, use of
special discounts and single occupancy government rates for lodging. Air travel
should be used when other reasonable methods of transport are not otherwise
available and time schedules require the additional expense.
F. Advance Payment of Expenses. Pursuant to ECC 3.04.040, advance payment of
authorized expenses in excess of $100.00, as listed on the authorization to
attend/travel form, will be provided upon request. Request for an advance
payment must be made at least one week prior to the departure date.
G. Reimbursement of Travel Expenses.
1. Travel expenses by city officials and employees shall be paid by the city in
accordance with the rate schedule listed below. Expense vouchers must be
submitted for payment within 10 days following the individual's return. Expense
receipts and/or credit card receipts must be submitted for city payment. If a
receipt has been lost or stolen, the employee should submit a written statement to
the administative-sees finance director explaining the circumstances of the
missing receipt. Reimbursements based on this process may be issued.
Reimbursement for any expenses which exceed the limits set forth in this policy
shall require approval of the city council.
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Transportation:
Air travel — Coach rate
Private car — Current IRS rate
Rental car — Requires prior approval
Lodging:
Regular lodging — Government/commercial rate
Conferences — Conference facility rate
Meals:
Actual feasenable east of meals, subjeet te r-eNiew by depaA-ment head afi&er-
mayor Per diem rate in conformance with the State of Washington Office of
Financial Management guidelines in effect at the time of travel.
Communications:
Telephone — One personal call per day kept to a reasonable amount
2. The transportation allowance shall be based upon the direct route round trip
costs. Other allowable costs shall include ferry tolls and off-street parking. Taxis
may be used if they are the most reasonable means of transportation available.
H. Nonallowable Expenses. Expenses not approved for reimbursement include,
but are not limited to, alcoholic beverages, expenses for family or guests,
entertainment, travel costs paid by another organization, mileage (if traveling as a
passenger in a nonowned car), limousine services and personal travel insurance.
Only the normal, reasonable and actual expenses will be reimbursed. Public
officials and employees utilize public funds for their expenses and are
admonished and requested to limit expenditures to those reasonably necessary to
provide safe, clean and convenient lodging and healthy meals in settings
appropriate to the public mission with which they have been entrusted.
I. Use of Private Cars. Private cars should be used by city officials and employees
whenever a city vehicle is not available and/or the time the official or employee
will be absent exceeds two or more days. Drivers must have a valid operator's
license, and the car must be insured to the state's minimum liability standards. The
mayor, members of the city council, boards and commissions shall not be
reimbursed for mileage expenses incurred within the city limits of Edmonds. City
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employees will be reimbursed for mileage when using a private vehicle within the
city limits when such use is in furtherance of city business. The city's mileage
reimbursement rate is intended to cover the cost of fuel, maintenance and
insurance costs. Persons using a private vehicle and seeking reimbursement for
mileage must maintain a valid driver's license and individual auto insurance,
including public liability, bodily injury and property damage, which insurance
shall be deemed to be primary as to any other insurance available to the city. If a
private vehicle is used in lieu of air transportation, the total amount of
reimbursement shall not exceed the cost of air fare as established in subsection H
of this section.
Section 2. ECC Section 2.30.010 entitled, "Municipal Employee Benefit Plan," is
hereby amended as follows (deleted language in strike -through, new language underlined):
2.30.010 Employee benefit plan authorized.
There is established for qualified city employees a benefit plan to be provided by
the city in lieu of coverage under the Federal Old Age Survivors Disability and
Health Insurance Act. The benefit plan shall be as set forth in that certain
document entitled, "City of Edmonds Municipal Employees Benefit Trust Plan,"
prepared by Howard ohnsen and r,...,paf.., three copies of which are and have
been on file in the office of the city clerk for use and examination by the public.
[Ord. 1922 § 2, 1977; Ord. 615 § 1, 1951].
Section 3. ECC Sections 2.35.030, entitled "Vacations," 2.35.040, entitled
"Compensating time," 2.35.045, entitled "Shared leave," and 2.35.060, entitled "Sick leave," are
hereby amended (deleted language in strike -through, new language underlined) as follows:
2.35.030 Vacations.
A. Regular employees shall accrue the following amount of vacation leave with
pay based on the length of continuous service, as that term is defined in the
personnel policies:
1. Nonexempt, represented employees shall receive vacation leave in accordance
with the applicable collective bargaining agreement;
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2. Nonexempt
supervisor shall
schedule:
and exempt nonrepresented employees below the level of
accrue annual vacation in accordance with the following
Years of
Days of
Employment
Vacation
After the first
6 days of
6 months of
credit
continuous
employment
Second 6
5 days
months of
additional
continuous
employment
2 years
11 days
through 5
per year
years
6 years
16 days
through 11
per year
years
12 years
21 days
through 19
per year
years
20 years and
22 days
thereafter
per year
3. Division managers, supervisors, and equivalent positions, consisting of those
individuals designated as such in the annual salary ordinance, shall accrue annual
vacation in accordance with the following schedule:
Years of
Employment
Days of
Vacation
After the first
8 days of
6 months of
credit
continuous
employment
Second 6
8 days
-5-
months of
additional
continuous
employment
2 years
16 days
through 5
per year
years
6 years
21 days
through 11
per year
years
12 years
22 days
through 19
per year
years
20 years
25 days
through 24
per year
years
25 years and
27 days
thereafter
per year
4. The police chief�ef and those individuals designated on the annual
salary ordinance as directors shall initially accrue 22 days of vacation per year.
Such accrual shall be credited on a semi-monthly basis with each employee's
paycheck, except as provided above. The rate of accrual shall be reflected by a
credit equal to the proportionate share of vacation earned for the period.
B. Employees are encouraged to use their accumulated vacation time within the
year in which it is accrued. Vacation accruals of up to one—two year's'
accumulation may be carried over from one year to the next. Employees who give
aeefu,l at any timeprior- to retirement-.
DC. Any employee whose service is honorably terminated after the completion of
six months of continuous service shall be paid for any vacation time accumulated
prior to the effective date of termination. [Ord. 3583 § 1, 2006; Ord. 3545 § 2,
2005; Ord. 3505 § 1, 2004; Ord. 3279 § 2, 1999; Ord. 2970 § 1, 1994; Ord. 2716,
1989].
2.35.040 Compensating time.
When work beyond regular hours is required of an employee of the city
(excluding those employees designated as exempt from this benefit on the annual
salary schedule) compensating time off may be allowed as city requirements
permit, subject to the following requirements:
A. Nonexempt employees, on their request and at the city's option, may be
permitted to take compensating time off at the overtime rate of one and one-half
times the actual overtime worked in lieu of payment; provided, that such
employees may not accumulate more than 480 hours of compensating time and
any compensating time off must be used within the 12-month period following the
date on which overtime is earned.
B. All exempt employees other than those excluded by the annual salary
ordinance (see subsection E of this section) shall receive compensatory time for
night meetings, emergency call outs, and other similar periods for which they are
required by their supervisor to work. Compensating time shall not be earned for
short extensions of regular work hours less than one hour in length, such as
staying late or coming in early. Compensatory time for such exempt employees
shall be earned at the straight time rate, one hour of compensatory time earned for
each hour worked. The measurement of such time shall be in accordance with the
mayor's administrative policies. Such exempt
employees shall be allowed to accumulate up to a maximum of 480 hours of
compensatory time during any calendar year. The terms of use shall be as
established by the mayor's administrative policy. If an employee earns additional
compensatory time after he or she has accumulated the maximum, then the
employee must either be paid for the additional time or provided time off during
the next pay period.
C. Compensating time shall be taken at the convenience of the city. All
compensating time must be recorded and then approved by the employee's
supervisor and/or department head.
D. Upon termination no exempt employees shall be paid for unused compensatory
time unless time has been eamed in f the 40 houf mwiimum. Nonexempt
employees shall be paid for unused compensating time at one and one-half times
the overtime worked. However, every effort should be made to use compensating
time prior to termination. Fer the ro „der .f the budget yeaf 2004, the positions
exeluded b `li" ee (prior- see ie EGG 2 3c 019(A)) shall not be entitle
to , n4ing time off
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E. Employees designated as exempt from this compensating time provision shall
receive a monthly salary as designated on the annual salary ordinance. Their
presence or absence from the regular work schedule shall be reviewed in terms of
the employee's overall performance in accordance with the mayor's administrative
policies and the city personnel olp iciespales.
F. To be more competitive in the market place, the City will provide non -
represented employees who are ineligible for compensatory time with 24 hours of
Management Leave annually. Management Leave will have no cash -out value
and will not be carried over at the end of the calendar year. [Ord. 3505 § 2, 2004;
Ord. 3279 § 3, 1999; Ord. 2732 § 1, 1989; Ord. 2542, 1985; Ord. 2508, 1985;
Ord. 2482, 1985; Ord. 2340, 1983; Ord. 2204 § 1, 1981; Ord. 1939, 1977; Ord.
1168 § 4, 1966].
2.35.045 Shared leave.
A. Intent. The purpose of shared leave is to permit city employees, at no
additional employee cost to the city other than the administrative cost of
administering the program, to come to the aid of a fellow employee who is
suffering from or has an immediate family member suffering from illness, injury,
impairment, physical or mental conditions which has caused, or is likely to cause,
the employee to take leave without pay or to terminate his or her employment.
"Immediate family" is defined as spouse, registered domestic partner, son,
daughter, mother, father, and in-laws of the same degree. The personnel d reete
c� may, but has no obligation, to approve recognition of other, significant
relationships similar in nature to that of the immediate family, if the needs of the
city permit. In addition to these purposes, the shared leave program may be used
by employees who have been involuntarily called to military service.
B. A department director, with the mayor's approval, may permit an employee to
receive shared leave under this section if.
1. The employee suffers, or has an immediate family member suffering from an
illness, injury, impairment or physical or mental condition, which has caused, or
is likely to cause, the employee to go on leave without pay or to terminate his or
her employment with the city. In addition, the shared leave program may be
utilized by an employee who has been involuntarily called to active duty in the
Washington National Guard, or in the Army, Navy, Air Force, Coast Guard or
Marine Corps of the United States. An employee seeking to utilize the shared
leave program due to an involuntary call to military service need not establish
compliance with subsections (13)(2) through (4) of this section.
WE
2. The employee has depleted or will shortly deplete his or her total of accrued
vacation, sick leave, compensatory time, holiday time, and/or other paid leave.
3. Prior to a request to use shared leave, the employee has abided by the sick leave
policy.
4. The employee has diligently pursued and is found to be ineligible for state
industrial insurance benefits or such benefits have been exhausted.
5. Use of shared leave will not significantly increase the city's costs except for
those costs which would otherwise be incurred in the administration of this
program and which would otherwise be incurred by the employee's department.
C. The gpplicable department director, with the concurrence of the mayor, shall
determine the amount of shared leave, if any, which an employee may receive
under this section. The employee shall be required to provide appropriate medical
justification and documentation both of the necessity for the leave and the time
which the employee can reasonably be expected to be absent due to the condition.
Shared leave shall be limited to no more than a maximum of six continuous
calendar months or six months total in any five-year period and cannot be used to
extend the absence of the employee beyond the post -leave time prescribed by
state statute, the applicable labor agreement, or city policy.
D. Shared leave shall be funded through voluntary transfers of accrued vacation
and/or sick leave from other city employees to the employee approved for a
shared leave. Both vacation and sick leave can be donated for a shared leave
request, which has been approved due to an extraordinary/catastrophic type illness
or injury. Catastrophic illnesses or injuries are those which are potentially career -
ending or life -threatening. For this type of request, all donated vacation must be
used prior to any use of donated sick leave. For illnesses and injuries, which are
noncatastrophic in nature, only vacation leave can be donated and used. Sick
leave donations are not allowed for this type of request. Co-workers who donate
leave must retain a reasonable amount of accrued vacation and sick leave to
protect them from a wage loss due to illness or injury and to enjoy a reasonable
vacation period. When reviewing police employees, the police chief may consider
holiday and compensatory time for purposes of approving shared leave requests
and donations of leave time. Department directors shall not transfer any leave
time in excess of the amount specified in the request. All donations shall be
voluntary. The gpplicable department director shall determine that no significant
increase in city costs will occur as a result of the transfer of leave.
M
E. Leave may be transferred from employee(s) from one department to an
employee of the same department, or, with the concurrence of both department
directors, to an employee of another department.
F. While an employee is on shared leave, he or she will continue to be classified
as a city employee and shall receive the same treatment, in respect to salary and
benefits, as the employee would otherwise receive if using vacation leave.
1. All salary benefit payments made to the employee on a shared leave shall be
made by the department employing the person using the shared leave.
2. The employee's salary rate shall not change as a result of being on shared leave
nor, under any circumstances, shall the total of the employee's salary and other
benefits, including but not limited to state industrial insurance or any other benefit
received as a result of payments by the city to an insurer, health care provider, or
pension system, exceed the total of salary and benefits which the employee would
have received had he or she been in a regular pay status.
G. Leave shall be transferred on a dollar -for -dollar basis. The value of the leave
shall be determined at the current hourly wage of the transferor and the leave
available to the receiving employee shall be calculated at the receiving employee's
wage.
H. The per -so mw4buman resources department shall be responsible for computing
values of donated leave and shared leave, and shall also be responsible for
adjusting the accrued leave balances to show the transferred leave. The
administrative set=viees dire tH human resources department shall determine the
appropriate fund transfers and budget amendments as needed for city council
action. Records of all leave time transferred shall be maintained in the event any
unused time is returned at a later date.
I. The value of any leave transferred which remains unused shall be returned at its
original value to the employee or employees who donated the leave. The
dep A.netA aireetef human resources department shall determine when shared
leave is no longer needed. To the extent administratively feasible, the unused
leave shall be returned on a pro rata basis.
J. The per -so melhuman resources department shall monitor the use of shared leave
to ensure equivalent treatment for all employees of the city. Inappropriate use or
treatment of the shared leave provision may result in cancellation of the donated
leave or use of shared leave. [Ord. 3412 § 1, 2002; Ord. 3373 § 2, 2001; Ord.
2910 § 1, 1993; Ord. 2738 § 1, 1989].
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2.35.060 Sick leave.
A. Represented employees accrue sick leave at the rate of and to the maximum
established in the respective collective bargaining agreements. Nonrepresented
employees shall accrue sick leave at the rate of one working day for each full
calendar month of the employee's continuous service. The maximum amount of
accrued sick leave shall not exceed 1,000 hours for such nonrepresented
employees.
B. Upon honorable termination, unused sick leave shall be paid to nonrepresented
employees at a rate equal to one-half of the regular rate of pay at the date of
termination to a maximum of 800 hours. In the event of the death of an employee,
the payment for unused sick leave shall be paid to the surviving spouse or to the
estate of the decedent if there is no surviving spouse. Honorable termination
means resignation or lay-off due to lack of work or funding and shall not include
any discharge for cause. In the event that further or conflicting terms are
established by the provisions of collective bargaining agreements, such provisions
shall control such payments to represented employees in accordance with their
respective collective bargaining agreement.
C. An employee eligible for sick leave with pay shall be granted such leave for:
Z T T appr-eval of the the t f l,o of an ' '
� .ram ccccccxrv�--iizcnzv "Tod`-��imaiediate family.
1. Employee's own health condition (illness, injury, physical or mental disability,
including disabilfty due to pregnancy or childbirth);
2. The need to care for an ill family member in accordance with the Family Care
op lick
3. Medical or dental appointments for the employee or dependent child, provided
that the employee must make a reasonable effort to schedule such appointments at
times which have the least interference with the work day;
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4. Exposure to a contagious disease where on-the-job presence of the employee
would jeopardize the health of others;
5. Use of a prescription drug, which impairs job performance or safety;
6. Additional leave (maximum 3 days) beyond bereavement leave for a death in the
immediate family to be authorized by the Department Head.
D. The certificate of a physician and/or a written report concerning the need for
the sick leave may be required by the city, and if so required shall be supplied by
the employee in order to qualify for sick leave with pay.
E. As an incentive to the appropriate use of sick leave, nonrepresented employees
may earn additional leave hours on an inverse basis to the amount of sick leave
used during the calendar year, in accordance with the following schedule:
Hours of Sick Annual Leave
Leave Used Hours Earned
0
24
8
16
16
8
24
0
Annual leave earned under this program shall be used in the calendar year in
which the leave was earned. Absences compensated through the state workers'
compensation illness or injury program shall not be taken into consideration when
applying the eligibility standards. The leave earned shall be pro -rated to the
nearest full hour on the basis of sick leave used.
F. Nonrepresented employees who have accrued in excess of 800 hours of sick
leave may convert the excess hours to a cash payment at the rate of three hours of
sick leave for one hour of compensation at the employee's current rate of pay, up
to a maximum of $1,000 per year. The human resources department shall notify
the employee of his or her accrued sick leave hours with the last paycheck in
August of each year. The sick leave payout shall be paid with the first paycheck in
January. Employees must request the optional sick leave payout within 10
working days from the date notice of accrued sick leave was provided.
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G. Newly hired employees who are entitled to transfer sick leave from their
previous employer to the city of Edmonds pursuant to interlocal agreement,
collective bargaining agreement and/or state law may transfer such sick leave
banks subject to the rules set forth in this section. In addition, a transferred
employee who would, under the provisions of the city's personnel policies, be
required to pay back worker's compensation benefits advanced by the city and
thereby restore his/her sick leave bank may exercise such rights with respect to
funds received from Labor and Industries as worker's compensation within the
first six months of their employment, thereby buying back sick leave which
otherwise could have been transferred. [Ord. 3444 § 1, 2003; Ord. 3279 § 4, 1999;
Ord. 2668 § 2, 1988; Ord. 2664 § 7, 1988; Ord. 1462, 1970; Ord. 1422, 1969;
Ord. 1168 § 6, 1966].
Section 4. A new section ECC 2.35.075, entitled "Special duty pay," is hereby
added to read in its entirety as follows:
2.35.075 Special Duty Pay.
A. The mayor is authorized to pay any manager or director level employee
special duty pay in addition to that person's regular compensation when the
mayor has temporarily assigned special duties to that person. No employee may
receive special duty pay for longer than one year without city council approval.
"Special duties" are defined as those duties not included as "Primary Duties and
Responsibilities" in the employee's official job description and not otherwise
associated with the employee's position.
B. Special duty pay shall consist of up to ten percent of the employee's salary
at the time the special duties are assigned. The mayor is authorized to grant to
each such employee up to five percent (5%) for special duty pay at the mayor's
discretion, and shall be based upon the scope of the additional responsibilities
identified by the mayor. If the mayor determines that special duty pay above five
percent (5%) is warranted for a particular employee, the mayor will be authorized
to grant up to ten percent (10%) for special duty pay upon prior approval by the
City Council.
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Section 5. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 6. 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.
ATTEST/AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE ATTORNEY:
_F
BY \ �/
JEFFREY B. TARADAY
M*f3
FILED WITH THE CITY CLERK: 03-22-2013
PASSED BY THE CITY COUNCIL: 03-26-2013
PUBLISHED: 03-31-2013
EFFECTIVE DATE: 04-05-2013
ORDINANCE NO. 3917
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SUMMARY OF ORDINANCE NO.3917
of the City of Edmonds, Washington
On the 26"' day of March, 2013, the City Council of the City of Edmonds, passed
Ordinance No. 3917. 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 ECC
CHAPTERS 2.25, 2.30 AND 2.35 TO INCORPORATE
UPDATES TO CERTAIN CITY PERSONNEL POLICIES AND
TO ADD A SECTION RELATING TO SPECIAL DUTY PAY;
PROVIDING FOR SEVERABILITY; AND SETTING AN
EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 27`h day of March, 2013.
ITY CLERK, SANDRA S. CHASE
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STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
SUMMARY OF On DINANCEMQ, 3617
of the City of Eof Edman&, Washinglon
On Ina 281h day of March, 2013, the City Council of the City of
Edmonds pa:.sed Ordinance No, 3917. A summary of the content
of said ordinance. mnstaling of the titte, provides as follows:
AN ORDINANCE Of THE CITY OF EDMONDS,
WASHINGTO14, AMENDING THE PROVISIONS OF ECG
CHAPTER 2.25, E-30 AND 2.35 TO INCORPORATE
UPDATES TO CERTAIN CITY PERSONNEL POLICIES AND
TO ADD A SECTION RELATING TO SPECIAL DUTY PAY:
PROVIDING., FOR SEVEF"IILTY; AND SETTING AN
EFFECTIVE DATE.
The full lead of this Ordinance will be mailed upon request.
DATED fftis 271h day of March, 2013.
CITY CLERK, SANDRA S, CHASE
Publishud: March 31, 2013,
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
Summary of Ordinance No. 3917
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:
March 31, 2013
and that said newspaper was regularly distributed to its subscribers during all of said period.
Subscribed and sworn to before me this 1st
day of April. 2013
Notary Public in and for the State of Washington,
County.
- ------- ----- -�__
HE/,;
f ing ai�Everett, Smhomish
4 pUgL f
Account Name: City of Edmonds Account Number: 101416 Order Number. 0001815567