Ordinance 2159!. Kr
ORDINANCE NO. 2159'
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING SECTION 1.14.040
OF THE EDMONDS CITY CODE REGARDING
PARTICIPATION BY PUBLIC OFFICIALS IN
MATTERS AFFECTING PROPERTY.
WHEREAS, a question has been posed to the City
Council regarding the interpretation of Section 1.14.040(4)
of the Edmonds City Code when applied to the proposed Commu-
nity Development Code for the City of Edmonds, and
WHEREAS, said Section 1.14.040(4) refers to any
matter coming before the City Council which would affect
property other than the official's own residence in which
the public official or his family has a financial or pecuniary
interest, and
WHEREAS, the question posed above makes reference
to the "appearance of fairness doctrine," and
WHEREAS, the City Attorney has advised that the
appearance of fairness doctrine does not apply to general
city-wide legislation, and
WHEREAS, the City Council regularly considers
matters which have city-wide impact such as adoption of the
budget, setting the real property tax levy, establishing
utility rates, authorizing councilmanic bonds, enacting
comprehensive plans and comprehensive zoning ordinances, and
WHEREAS, the Council also regularly considers
matters which affect only particular properties or neighborhoods
that do not have city-wide or larger area impact such as
rezoning particular pieces of property, vacating streets,
granting licenses to individual businesses, approving sub-
divisions, hearing administrative appeals, and
WHEREAS, said Section 1.14.040(4) was never intended
to apply to general city-wide legislation, and has not been
so construed at any time in the past several years since the
enactment of the same in any matter of general city-wide
legislation, such as prior amendments to the zoning code,
adoption of annual property tax levies, adoption of the
annual budget, utility taxes and/or rates, and other non -
quasi -judicial actions of the City Council, now, therefore,
In keeping with the original intent of said section
and past practices regarding the same,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
DO ORDAIN, AS FOLLOWS:
Section 1. Edmonds City Code Section 1.14.040(4)
is hereby amended by limiting the section to real property
and adding a new sentence to the same so that the section
shall hereafter read as follows:
(4) Any matter coming before the City Council which
would affect real property, other than the public
official's or his family's own residence, in which the
public official or his family may have a financial or
pecuniary interest. This provision shall not be appli-
cable to city-wide legislation, or other matters of
general public concern regarding a geographical area
greater than the neighborhood in which the property is
situated, unless the property would enjoy a special
benefit not generally enjoyed by other properties
similarly situated.
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Section 2. This ordinance shall be in full force
and effect five (5) days after passage and publication by
posting as provided by law.
APPROVED:
MAYOR, H-. H. HARRISON
ATTEST/AUTHENTICATED:
CITY CLERK, IRENE MARNEY MORAN
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
FILED WITH THE CISTY CLERK: August 26, 1980
PASSED BY THE CITY COUNCIL: September 9, 1980
POSTED: September 10, 1980
EFFECTIVE DATE: September 15, 1980
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AFFIDAVIT OF POSTING ORDINANCE
STATE OF WASHINGTON
ss:
COUNTY OF SNOHOMISH
I RENE VARNEY MORAN
, being first duly sworn
on oath deposes and says that she is over the age of eighteen (18)
years and is competent to testify as to the matter stated herein.
There is no official newspaper or other newspaper printed and
published within the City. In accordance with RCW 35A.12.160, on
the loth day of
September
, 1980, affiant posted true and
correct copies of the attached Ordinance No. 2159 , passed by the
City Council on the 9th
day of
September ,
1980, at the
official posting places for
City
notices which are
the public
bulletin boards at the following locations:
Edmonds Civic Center
250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds Public Library
Civic Center, 250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds Branch of United States Post Office
201 Main Street
Edmonds, Washington 98020
DATED this loth day of September 1980.
p SUBSCRIBED AND SWORN to before me this lo day of
to Public in and for the
State of Washington, residing
at