Ordinance 4053ORDINANCE NO. 4053
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.
WHEREAS, pursuant to Ordinance 3707, and codified in Chapter 3.65 of the
Edmonds Municipal Code, the City of Edmonds City Council established a transportation
benefit district to be known as the Edmonds Transportation Benefit District, with
geographical boundaries comprised of the corporate limits of the City of Edmonds at the
time the ordinance was adopted or as they may exist after future annexations; and
WHEREAS, the 2015 Legislature adopted Second Engrossed Substitute Senate Bill
(2ESSB) 5987, the majority of which became effective on July 15, 2015; and
WHEREAS, Section 301 of 2ESSB 5987 authorizes any city in which a
transportation benefit district has been established pursuant to Chapter 36.73 RCW within
boundaries coterminous with the boundaries of the city, to assume the rights, powers,
functions, and obligations of the TBD, by way of adoption of an ordinance or resolution of
the city legislative authority; and
WHEREAS, Section 302 of 2ESSB 5987 provides that the assumption of the
rights, powers, functions, and obligations of a transportation benefit district may be
initiated by the adoption of an ordinance or resolution by the city legislative authority
indicating its intention to conduct a hearing concerning the assumption of such rights,
powers, functions, and obligations, setting a time and place at which the city legislative
authority will consider the proposed assumption of the rights, powers, functions and
obligations of the transportation benefit district, and stating that all persons interested may
appear and be heard; and
WHEREAS, on September 20, 2016, the Edmonds City Council adopted
Resolution No. R-1370, declaring the City Council's intention to consider the assumption
of the rights, powers, functions and obligations of the Edmonds Transportation Benefit
District, and set public hearing for October 4, 2016; and
WHEREAS, on October 4, 2016, the City Council held a public hearing at which
all interested parties were invited to appear and be heard; and
WHEREAS, following the conclusion of the public hearing, the City Council
determined that the public interest and welfare would be satisfied by the City's assumption
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of the rights, powers, functions and obligations of the Edmonds Transportation Benefit
District; and
WHEREAS, Section 303(2) of 2ESSB 5987 provides that upon assumption of the
rights, powers, immunities, functions, and obligations of the transportation benefit district
by the city, the governing body established pursuant to RCW 36.73.020 must be abolished
and the city legislative authority is vested with all rights, powers, immunities, functions
and obligations otherwise vested by law in the governing board of the transportation
benefit district; and
NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of the
City of Edmonds, Washington, as follows:
Section 1. Amendment. Chapter 3.65 Edmonds Municipal Code entitled
"Transportation Benefit District" is hereby amended as follows (new text in underline,
deleted text in s#ke4weugh):
ASSUMPTION OF EDMONDS TRANSPORTATION BENEFIT DISTRICT
Sections:
3.65.010 Assumption of Edmonds transportation benefit district
3.65.020 Governing body beard
3.65.030 Functions of the city dis#iet:
3.65.040 Transportation improvements funded.
J�»vDissolution of -n-iaci--i et
3.65.010 Assumption of Edmonds transportation benefit district.
From and after the effective date of this Ordinance the City of Edmonds assumes
all of the rights, powers, immunities, functions and obligations of the Edmonds
Trans ortation Benefit District previously established in this cha ter. The CijY of
Edmonds is hereby vested with each and every right. power, immunity, function
and obligation granted to or possessed by the Edmonds Transportation Benefit
District under Chapter 36.73 RCW, this chapter, _and/or any other applicable law as
of the effective date of this Ordinance. The governing body of the Edmonds
Transportation Benefit District is abolished and the rights, powers, functions and
obligations previously exercised and/or performed by the governing body of the
Edmonds Transportation Benefit District are vested in the City of Edmonds City
Council -
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3.65.020 Governing body boft-rd
A. The goveming be ,.d of the t„ spe..,.aie h -t uinntriiet shall be Edmonds
City Council shall have the
be vested with the authority to exercise the -all statutory powers set forth in Chapter
36.73 RCW and this Chapter.
BAD -.-The beard Edmonds City Council shall develop implement a material change
policy to address major plan changes that affect project delivery or the ability to
finance the plan, pursuant to the requirements set forth in RCW 36.73.160(1). At a
minimum, if a transportation improvement exceeds its original cost by more than
20 percent, as identified in the district's original plan, a public hearing shall be held
to solicit public comment regarding how the cost change should be resolved.
C.-R. The Board Edmonds City Council shall issue an annual report, pursuant to the
requirements of RCW 36.73.160(2).
3.65.030 Functions of the district City.
A. The City, by a majority vote of the City Council,_ ` be d`str4et beaFd may
authorize a motor vehicle license fee of up to $20.00 p ehiele a PFOvided for b
Chapter- 3�33 RGW, ether- taxes, fees, ehafges and tells or- inefeases in these
revenue seumes may be assessed for the per -pesos provided foF in the subserations of
this seetion.-as follows:
boafd iiia . -ands authorized a vehicle fee of up to $20.00 per vehicle as
provided for by RCW 82.80.140;fib-F ,.pose of the s
L.ZS.
2. a vehicle fee of un to $40.00 as provided in RCW 82.80.140 if a vehicle
fee of $20.00 has been imposed for at least 24 months; or " .,,,tomzed*
taxes, fees, ehwges and tells or inereoes in these reventie setifees may
has been authorized by er-dirnance amendment in eempliance with
the voters pursuant te the Fequir-ements ef Chapter- ak.-:U RCW, additiena4
3. a vehicle fee of Lip to $50.00 as provided in RCW 82.80.140 if a vehicle
fee of $40.00 has been imposed for at least 24 months and the city has met
all of the requirements of RCW 36.73.065k6).
B.
When authorized by the
voters pursuant to the requirements of Chanter 36.73 RCW, additional taxes, fees,
charges and tolls or increases in those revenue sources may be assessed by the cis
for the construction, reconstruction, updating or improvement of public
trans ortation facilities shown on the Edmonds comprehensive plan and
transportation improvement 121an. These additional transportation j2rojects shall be
deemed funded and effective when approved by a vote of the people in accordance
with the provisions of state law. The projects authorized shall be limited to those
specifically identified in the proposition 12ut to the voters.
C. Additional transportation improvements may be added to the functions of the
City upon compliance with Chapter 36.73 RCW.
Q D. The beard City shall have and may exercise all powers and functions
provided for by Chapter 36.73 RCW in order to fulfill the Ametions purposes of
Chapter 36.73 RCW and this Chapter. -the disiri . [Ord. 3804 § 1, 2010; Ord. 3707
§ 2, 2008].
3.65.040 Transportation improvements funded.
Two separate sets ef funetiens have been established by ordinance for the
The funds generated by a -vehicle fees
authorized by the bed City Council in accordance with RCW
82.80.140 shall be used solely for transportation improvements that preserve,
maintain and operate the existing transportation infrastructure of the city, consistent
with the requirements of Chapter 36.73 RCW. Upon authorization by the voters,
additional funds from other taxes, fees, charges and tolls or increases in these
revenue sources may be utilized for the construction of transportation
improvements specifically described in the proposition submitted to the voters.
Funds raised by the exercise of powers granted in Section 3.65.030 and/or Chu ter
36.73 RC ' 4em eithef r-evenae soufee—may be utilized for any lawful purpose
under Chapter 36.73 RCW, but all funds raised shall be expended
only for the purposes specified, i.e.:
A. For the preservation, maintenance and operation of the existing city street
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transportation improvement infrastructure; or
B. For projects specifically designated in a ballot proposition approved by the
voters and utilizing the funding source approved by the voters.
Such improvements are intended to comply with the provisions of the Growth
Management Act and the city's comprehensive plan and reduce the risk of
transportation facilities' failure, improve safety, continue the cost effectiveness of
the city's infrastructure improvements and to encourage the optimum use of the
transportation system. Additional transportation improvement projects may be
funded only after compliance with the provisions of RCW 36.73.050(B) following
notice, public hearing and enactment of an additional authorizing ordinance. [Ord.
3804 § 2, 2010; Ord. 3707 § 2, 2008].
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Section 2. No Existing Right Impaired. Pursuant to 2ESSB 5987 Section 304,
this assumption does not impair or alter any existing rights aquired by the Edmonds TBD
under Chapter 36.73 RCW, this chapter or any other provision of law relating to
transportation benefit districts. Nor does this assumption impair or alter any actions,
activities, or proceedings validated thereunder; any civil or criminal proceedings instituted
thereunder; any rule, regulation, or order promulgated thereunder; any administrative
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action taken thereunder; or the validity of any act performed by the Edmonds TBD or
division thereof or any officer thereof prior to the assumption of such rights, powers,
functions and obligations by the City as authorized under the law.
Section 3. Rules Regulations, Pending Business and Contracts. Pursuant to
2ESSB 5987 Section 305(1), all rules and regulations pending business before the board of
the Edmonds TBD shall be continued and acted upon by the City Council. In addition,
pursuant to Section 305(2), all existing contracts and obligations of the Edmonds TBD
shall remain in full force and effect and must be performed by the City. The assumption
does not affect the validity of any official act performed by any official or employee prior
to the assumption authorized under the law.
Section 4. Records of the Edmonds Transportation Benefit District. Pursuant
to 2ESSB 5987 Section 306(1), all reports, documents, surveys, books, records, files,
papers, or other writings relating to the administration of the powers, duties, and functions
available to the Edmonds TBD must be made available to the City.
Section 5. Funds Credits Appropriations, Federal Grants or Other Assets.
Pursuant to 2ESSB 5987 Section 306(2), all funds, credits, or other assets held in
connection with assumed powers, duties, and functions must be assigned to the City.
Pursuant to Section 306(3), any appropriations or federal grant made to the Edmonds TBD
for the purpose of carrying out the rights, powers, functions, and obligations authorized to
be assumed by the City must, on the effective date of the assumption, be credited to the
City for the purpose of carrying out such assumed rights, powers, functions, and
obligations.
Section 6. Assumption of Indebtedness. Pursuant to 2ESSB 5987 Section 307,
the City assumes and agrees to provide for the payment of all of the indebtedness of the
Edmonds TBD, including the payment and retirement of outstanding general obligation
and revenue bonds issued by the Edmonds TBD.
Section 7. Severability. If any portion or section of this ordinance is found to be
invalid or unenforceable for any reason, such finding shall not affect the validity or
enforceability of any other portion or section of this ordinance.
Section 8. Effective Date. The Ordinance shall be effective five (5) days
following passage and publication as provided by law.
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Section 9. Publication. A summary of this Ordinance consisting of the title shall
be published in the official newspaper.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON
ON THIS 22°d DAY OF NOVEMBER, 2016.
ATTEST:
S PASSEY, CLERK
APPROVED AS TO FORM:
J FF TARADAY, CI' ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
VED:
a . - - "P - L
DAVE EARL G, MAYOR
November 18, 2016
November 22, 2016
November 27, 2016
December 2, 2016
4053
7
SUMMARY OF ORDINANCE NO.4053
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. 4053. A summary of the content of said ordinance, consisting of the title,
provides as follows:
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 this Ordinance will be mailed upon request.
DATED this 23`d day of November, 2016.
CI LERK, SCOTT SEY
E: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
$96.3
Subscribed and sworn before me on this
day of _L Vie- Nb o ,
AUBREY KNAPP
Notary Public
State of Washington
my Commission Expires
July 30, 2018
Notary Public in an for the State of
Washington.
City of Edmonds - LEGAL ADS 114101416
SCOTT PASSEY
DEC 0 5 2015
ORDINANCE SUMMARY
N the V4 N Edmonds, Wash Ion
On The 22nd doy of November, 2016. tht City ouncll of the Oily of
Edmonds, passed the following Ordinances, the Summaries of the
content of said crdinences conelstinq of lillas are 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.
OR171NANCE N0.4049
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.
ORDINANGEROAM
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON.
PROVIDING FOR THE ANNUAL TAX LEVY BY INCREASING
THE EMS PROPERTY TAX LEVY BY THE CURRENT 101
LEVY LIMIT, THEREBY LEVYING AN ESTIMATED EMS LEVY
OF $3,973,270, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
ORDINANnE1NQ, 4961
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON.
GRADUALLY REDUCING THE TAX ON THE PUBLIC WATER
UTILITY, AMENDING THE PROVISIONS OF ECC 3.20.050.H
ACCORDINGLY, AND FIXING ATIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
ORDINANGE NO.4052
AN ORDINANCE OFHE CITY OF EDMONDS, WASHINGTON,
AMENDING THE PROVISIONS OF SECTION 7.30.030 WATER
RATES - METER INSTALLATION CHARGES, RELATING TO
UTILITY RATES OF WATER SUPPLIED THROUGH METERS,
THE PROVISIONS OF SECTION 7.30.040 UTILITY CHARGES -
SANITARY SEWER, RELATING TO UTILITY RATES OF
UNMETERED SANITARY SEWER SERVICES, AND THE
PROVISIONS OF SECTION 7.50.050 RATES AND CHARGES,
RELATING TO UTILITY RATES FOR STORM AND SURFACE
WATER MANAGEMENT SERVICES, IN ORDER TO INCREASE
SUCH RATES AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
D
RI
N
ANCE NO-405S
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
ASSUMING THE RIGHTS, POWERS, FUNCTIONS AND
OBLIGATIONS OF THE EDMONDS TRANSPORTATION
BENEFIT DISTRICT; AMENDING CHAPTER 3.65 OF THE
EDMONDS MUNICIPAL CODE; AND PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
The full text of these Or1$nancea will be mailed upon fequest.
DATED this 23rd day of November, 2016.
CITY CLERK, SCOiT PASSEY
�Oblished: November 27, 2016. EDH733182 i
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