Ordinance 4169ORDINANCE NO. 4169
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF ECC
SECTION 7.30.030 WATER RATES - METER INSTALLATION
CHARGES, RELATING TO UTILITY RATES OF WATER
SUPPLIED THROUGH METERS, THE PROVISIONS OF ECC
SECTION 7.30.040 UTILITY CHARGES - SANITARY SEWER,
RELATING TO UTILITY RATES OF UNMETERED
SANITARY SEWER SERVICES, AND THE PROVISIONS OF
ECC 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, which analysis was
performed 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. City 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
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; and
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 RCW; 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," are 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
Effective Date
Current 1/1/2020 1/1/2021 1/1/2022
Single Family Residence (per unit) $ 37.14 $ 38.81 $ 40.56 $ 42.38
Duplex Apt Houses, condos and
other multi unit Residences
(per unit) $ 32.71 $ 34.18 $ 35.72 $ 37.33
Effective Date
Current
Meter
1/1/2020
1/1/2021
1/1/2022
All other customers $ 44.91
3/4"
$ 46.93
$
49.04
$ 51.25
$ 91.43
1"
$ 95.54
$
99.84
$ 104.34
$ 169.07
1.5"
$ 176.68
$
184.63
$ 192.94
$ 257.76
2"
$ 269.36
$
281.48
$ 294.15
$ 556.06
3"
$ 581.08
$
607.23
$ 634.56
$ 787.66
4"
$ 823.10
$
860.14
$ 898.85
$ 1,597.48
6"
$ 1,669.37
$
1,744.49
$ 1,822.99
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:
Effective Date
Variable Rate Current 1/1/2020 1/1/2021 1/1/2022
$ 3.87 $ 4.04 $ 4.23 $ 4.42
All water base rate and variable rate charges on water utility bills mailed on or after January
1 st 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:
3
Effective Date
Current
1/1/2020
1/1/2021
1/1/2022
Single Family Residence (bimonthly per unit)
Duplex, apartment houses, condos, and other multi
unit residences (bi-monthly per unit)
connected
$
87.30
$
91.67
$
96.25
$101.06
unconnected
$ 14.10
$ 14.81
$ 15.55
$ 16.32
connected
$
70.14
$
73.65
$
77.33
$
81.20
unconnected
$
14.10
$
14.81
$
15.55
$
16.32
Duplex, apartment houses, condos, and other multi
unit residences (monthly per unit)
connected
$ 35.07
$ 36.82
$ 38.66
$
40.60
unconnected
$
7.05
$
7.40
$
7.77
$
8.16
All other customers (monthly per unit)
Fixed Rate
4.96
$
5.21
$
5.47
$
5.74
Volume
Charge (per
ccf) *
5.62
$
5.90
$
6.20
$
6.51
.:per 100 cubic leet (1 unit) of inetered 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:
Category Current
Single Family Residential and
Multi Family Residential
Bimonthly Billing Cycle $ 34.35
Montly Billing Cycle $ 17.18
All other customers per ESU
(monthly cycle) $ 17.18
0
Effective Date
1/1/2020 1/1/2021 1/1/2022
$ 37.61 $ 41.19 $ 45.10
$ 18.81 $ 20.60 $ 22.56
$ 18.81 $ 20.60 $ 22.56
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.
A11111MVED:
&
- ��- T MAYOR DAVE EAR
ATTEST/AUTHENTICATED:
CLERK, SCOT ASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
J FF TARADAY
FILED WITH THE CITY CLERK: December 6, 2019
PASSED BY THE CITY COUNCIL: December 10, 2019
PUBLISHED: December 13, 2019
EFFECTIVE DATE: December 18, 2019
ORDINANCE NO. 4169
SUMMARY OF ORDINANCE NO.4169
of the City of Edmonds, Washington
On the IOth day of December, 2019, the City Council of the City of Edmonds, passed
Ordinance No. 4169. 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 SECTION 7.30.030 WATER RATES - METER
INSTALLATION CHARGES, RELATING TO UTILITY
RATES OF WATER SUPPLIED THROUGH METERS,
THE PROVISIONS OF ECC SECTION 7.30.040 UTILITY
CHARGES - SANITARY SEWER, RELATING TO
UTILITY RATES OF UNMETERED SANITARY SEWER
SERVICES, AND THE PROVISIONS OF ECC 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 1 Ph day of December, 2019.
LERK, SCOIPVASSEY
31
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Leanna Hartell being first duly swom, 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 EDH884241 ORDINANCES 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 12/13/2019 and
ending on 12/13/2019 and that said newspaper
was regularly distributed to its subscribers
during all of said period.
The amour of the fee for such publication is
$65.16.
Linda Phillips
Subscribed and sworn re me on this Notary Public
j State of Washington
day of °v# MY�Ppo"mcr"PXPires08/2912021
Notary Public in and for the State of
Washington.
City of Edmon& - LEGAL ADS 114101416
SCOTT PASSEY
Classified Proof
of the City of Edmonds. Washington
On the LOTH day of December, 7019. the City Council of Ina City
of Edmonds, passed the following Ordinances, the sunmarl" of
said ordinances consisting of Was are provided as follows:
OR
NQ._41.08
AN ORDINANC H CITY OF EDMONDS.
WASHINGTON RELATING TO THE BUDGET FOR FISCAL
YEAR COMMENCING JANUARY 1, 2020 AND FIXING A
TIME WHEN T14E SAME SHALL BECOME EFFECTIVE
WASHINGTON, AMENDING THE PROVISIONS OF ECC
SECTION 7.30.030 WATER RATES METER
INSTALLATION CHARGES, RELATING TO UTILITY RATES
OF WATER SUPPLIED THROUGH METERS. THE
PROVISIONS OF ECC SECTION 7.30.040 UTILITY
CHARGES - SANITARY SEWER. RELATING TO UTILITY
RATES OF UNMETERED SANITARY SEWER SERVICES,
AND THE PROVISIONS OF ECC 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, AMENDING CHAPTER 235 ECC
(VACATION AND SICK LEAVE) TO REFERENCE THE
SHARED LEAVE AND SICK LEAVE PROVISIONS OF THE
CITY'S PERSONNEL POLICIES; PROVIDING FOR
SEVERABILfTY; AND SETTING AN EFFECTIVE DATE
The full text of these Ordinances will be moilad upon request.
DATED this 1 ITH day of December. 2019.
CITY CLERK, SCOTT PASSEY
PUbkshed: December 13. 2019. EDH884241
Proofed by Hartell, Leanna, 12/13/2019 08:52:27 am Page: 2