Ordinance 4052ORDINANCE NO.4052
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF
SECTION 7.30.030 WATER RATES - METER INSTALLATION
CHARGES, RELATING TO UTILITY RATES OF WATER
SUPPLIED THROUGH METERS, THE PROVISIONS OF
SECTION 7.30.040 UTILITY CHARGES - SANITARY SEWER,
RELATING TO UTILITY RATES OF UNMETERED
SANITARY SEWER SERVICES, AND THE PROVISIONS OF
SECTION 7.50.050 RATES AND CHARGES, RELATING TO
UTILITY RATES FOR STORM AND SURFACE WATER
MANAGEMENT SERVICES, IN ORDER TO INCREASE
SUCH RATES AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
WHEREAS, the City of Edmonds operates three enterprise utility operations which
incorporate potable water distribution, sanitary sewer conveyance and wastewater treatment, and
storm and surface water management functions; and
WHEREAS, the Engineering Division of the Public Works & Utilities Department
recently commissioned a utility rate analysis of its three enterprise utility operations by FCS
Group of Redmond, Washington; and
WHEREAS, the City Council has received utility rate study reports of the consultants
recommending increases in potable water, sanitary sewer, and storm and surface water
management utility rates to address rising operating and maintenance costs including but not
limited to wholesale cost increases for potable water acquisition and needed replacement of
failing utility infrastructure; and
WHEREAS, In Lane v. Cily of Seattle, 164 Wn.2d 875 (2008), the state Supreme Court
determined that public fire protection was a governmental service that could not be recovered
through water rates; and
WHEREAS, providing for fire hydrants is a general governmental function, for which the
City is responsible; and
WHEREAS, the tax on the public water utility may be used to pay for fire hydrants, as
well as other general government functions; and
1
WHEREAS, in 2009, the city council found that the water utility tax rate referenced
above needed to be increased to address the city's then inability under Lane to fund the provision
of fire hydrants through water rates;
WHEREAS, in 2013, the legislature provided additional options for funding fire hydrants
by providing new authority to use water rates for fire suppression purposes as set forth in chapter
70.315 RC W; and
WHEREAS, in 2016, the city council simultaneously considered a companion ordinance
that proposed to decrease the tax rate on the water utility under the assumption that funding for
fire hydrants would be included within the utility rates; and
WHEREAS, the city council held a public hearing on these companion ordinances on
November 15, 2016; and
WHEREAS, the action of a city council in setting water utility rates, where the system is
financed by revenue bonds, is not subject to referendum because the grant of power to set rates
when revenue bonds have been used to create the utility is to the city council (State ex rel. Haas
v. Pomeroy, 50 Wn.2d 23 (1957)); and
WHEREAS, the City Council deems it to be in the public interest to increase rates
finding that such increases are justified on a cost -to -service basis; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Subsections A and B of the Edmonds City Code 7.30.030, entitled "Water
rates — Meter installation charges," is hereby amended to read as follows:
A. Base Rate. The bimonthly rates of water supplied through meters shall be fixed at the
following levels:
2
Current
Single Family Residence
(per unit) $ 28.68
Duplex Apt Houses,
condos and other multi
unit Residences (per
unit) $ 25.26
1/1/2017 1/1/2018 1/1/2019
$ 31.26 $ 34.07 $ 37.14
$ 27.53 $ 30.01 $ 32.71
Current
Meter
1/1/2017 1/1/2018
1/1/2019
All other customers $
34.68
3/4"
$ 37.80 $ 41.20
$ 44.91
$
70.60
1"
$ 76.95 $ 83.88
$ 91.43
$
130.55
1.5"
$ 142.30 $ 155.11
$ 169.07
$
199.04
2"
$ 216.95 $ 236.48
$ 257.76
$
429.38
3"
$ 468.02 $ 510.15
$ 556.06
$
608.22
4"
$ 662.96 $ 722.63
$ 787.66
$
1,233.55
6"
$ 1,344.57 $ 1,465.58
$ 1,597.48
B. Variable Rate.
In addition
to the base rate set forth above, the customer shall be
charged the following rate per 100 cubic feet of water consumed:
Variable Rate
Current
1/1/2017 1/1/2018
1/1/2019
$
2.99
$ 3.26 $
3.55 $ 3.87
All water base rate and variable rate charges on water utility bills mailed on or after
January 1st of each year shall be based on rates as reflected in this section corresponding with
said time period.
Section 2. Subsection A of the Edmonds City Code 7.30.040, entitled "Utility charges -
Sanitary sewer," is hereby amended to read as follows:
A. The following rates shall be charged on all billings after the effective date shown with
respect to the following customers and/or service:
Single Family Residence
(bimonthly per unit)
Duplex, apartment houses,
condos, and other multi unit
residences (bi-monthly per
unit)
Duplex, apartment houses,
condos, and other multi unit
residences (monthly)
Current 1/1/2017 1/1/2018 1/1/2019
connected $ 66.49 $ 72.81 $ 79.72 $ 87.30
unconnected $ 10.74 $ 11.76 $ 12.88 $ 14.10
connected $ 53.42 $ 58.49 $ 64.05 $ 70.14
unconnected $ 10.74 $ 11.76 $ 12.88 $ 14.10
connected $ 26.71 $ 29.25 $ 32.03 $ 35.07
unconnected
$ 5.37 $
5.88 $
6.44 $ 7.05
All other customers (monthly)
Fixed Rate
3.78 $
4.14 $
4.53 $ 4.96
Volume
Charge (per
ccf)*
4.28 $
4.69 $
5.13 $ 5.62
*der 100 cubic feet (1 unit) of metered water consumption.
Section 3. Subsection A of the Edmonds City Code 7.50.050, entitled "Stormwater
rates and charges," is hereby amended to read as follows:
A. The following rates shall be charged on all billings with respect to the following
customers and/or service:
Effective Date
Category
Current
1/1/2017
1/1/2018
1/1/2019
Single Family Residential and
Multi Family Residential
Bimonthly Billing Cycle
$ 25.81
$ 28.39
$ 31.23
$ 34.35
Montly Billing Cycle
$ 12.91
$ 14.20
$ 15.62
$ 17.18
All other resident customers per
ESU (montly cycle)
$ 12.91
$ 14.20
$ 15.62
$ 17.18
Cl
Section 4. 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 5. Effective Date. 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.
APPROVED:
MA OR DAVE EARLING
ATTEST/AUTHENTICATED:
CITY CLERK, SQO ASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JtFF TARADAY
FILED WITH THE CITY CLERK: November 18, 2016
PASSED BY THE CITY COUNCIL: November 22, 2016
PUBLISHED: November 27, 2016
EFFECTIVE DATE: December 2, 2016
ORDINANCE NO. 4052
SUMMARY OF ORDINANCE NO.4052
of the City of Edmonds, Washington
On the 22"d day of November, 2016, the City Council of the City of Edmonds, passed
Ordinance No. 4052. 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
SECTION 7.30.030 WATER RATES - METER
INSTALLATION CHARGES, RELATING TO UTILITY
RATES OF WATER SUPPLIED THROUGH METERS,
THE PROVISIONS OF SECTION 7.30.040 UTILITY
CHARGES - SANITARY SEWER, RELATING TO
UTILITY RATES OF UNMETERED SANITARY
SEWER SERVICES, AND THE PROVISIONS OF
SECTION 7.50.050 RATES AND CHARGES,
RELATING TO UTILITY RATES FOR STORM AND
SURFACE WATER MANAGEMENT SERVICES, IN
ORDER TO INCREASE SUCH RATES AND FIXING A
TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 23`d day of November, 2016.
&ff-ftL1rRK, 9COTT4ASSEY
3
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Dicy Sheppard being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH733182 ORD. NOS.
4048-4053 as it was published in the regular
and entire issue of said paper and not as a
supplement form thereof for a period of 1
issue(s), such publication commencing on
11/27/2016 and ending on 11/27/2016 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee for such publication is
$96.32_
Subscribed and sworn before me on this
-V
day ofalle-mbr
Notary Public in an for the State of
Washington.
City of Edmonds -LEGAL ADS 114101416
SCOTT PASSEY
RECEIVED
DEC 0 5 2016
I EDMONNIDS CITY CLERK
AUBREY KNAPP
Notary Public
State of Washington
my commission Expires
July 30, 2018
ORDINANCE SUMMARY
of the Cly of Edmorfds. WaWnglon
On tho 22nd day of November, 2016 the City Counell of the ClKol
Edmonds, passe+x tha Wlnwing Ordinancas, the summarles ❑ the
canlani of said ordinances consisling of Lulea ere provided as
follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
ADDING THE IMPACT FEE PROVISIONS TO THE NEW
SECTION 3.36 OF THE ECC; PROVIDING FOR SEVERABILITY;
AND SETTING AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
PROVIDING FOR THE ANNUAL TAX LEVY BY INCREASING
THE REGULAR PROPERTY TAX LEVY BY THE CURRENT
101 % LEVY LIMIT, THEREBY LEVYING AN ESTIMATED
REGULAR PROPERTY TAX LEVY OF $10.229,200 AND AN EMS
LEVY OF $3,934,720, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
AN ORDINANCE OF-rKE CITY OF EDMONDS, WASHINGTON.
PROVIDING FOR TIME ANNUAL TAX LEVY BY INCREASING
THE EMS PROPERTY TAX LEVY BY THE CURRENT 101
LEVY LIMIT, THEREBY LEVYING AN ESTIMATED EMS LEVY
OF$3;973,270, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
ORDINANCE NO. d051
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
GRADUALLY REDUCING THE TAX ON THE PUBLIC WATER
UTILITY, AMENDING THE PROVISIONS OF ECC 3.20.050.1-1
ACCORDINGLY, AND FIXING ATIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING THE PROVISIONS OF SECTION 7,30.030 WATER
RATES - METER INSTALLATION CHARGES, RELATING TO
UTILITY RATES OF WATER SUPPLIED THROUGH METERS,
THE PROVISIONS OF SECTION 7.30.040 UTILITY CHARGES -
SANITARY SEWER, RELATING TO UTILITY RATES OF
UNMETERED SANITARY SEWER SERVICES, AND THE
PROVISIONS OF SECTION 7.50.050 RATES AND CHARGES,
RELATING TO UTILITY RATES FOR STORM AND SURFACE
WATER MANAGEMENT SERVICES, IN ORDER TO INCREASE
SUCH RATES AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
AN ORDINANCE OF THE CITY OF EDMONDS. WASHINGTON,
ASSUMING THE RIGHTS, POWERS, FUNCTIONS AND
OBLIGATIONS OF THE EDMONDS TRANSPORTATION
BENEFIT DISTRICT; AMENDING CHAPTER 3.65 OF THE
EDMONDS MUNICIPAL CODE; AND PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
The full text of these Ordiwim will be mailed upon request.
DATED this 23rd day of November, 2016.
CITY CLER K, SCOTT PASSEY
�Oblished: November 27, 2016. EDH73318�