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Ordinance 26390006. #k2 WSS501430 WSS/naa 09/14/87 ORDINANCE NO. 2639 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, PROVIDING FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY AT A SPECIAL ELECTION TO BE HELD THEREIN ON NOVEMBER 3, 1987, IN CONJUNCTION WITH THE STATE GENERAL ELECTION TO BE HELD ON THE SAME DATE, OF A PROPOSITION AUTHORIZING THE CITY TO LEVY REGULAR PROPERTY TAXES FOR FIVE YEARS IN EXCESS OF THE 106 PERCENT LIMITATION FOR THE PURPOSE OF PAYING COSTS OF REPAIRING AND RESURFACING CITY ROADS AND STREETS, AND FIXIN( A TIME WHEN THE SAME SHALL BECOME EFFECTIVE WHEREAS, under the provisions of RCW 84.55.050, subject to any otherwise applicable statutory dollar rate limitations, regular property taxes may be levied by or for a taxing district in excess of the limitation provided for in RCW 84.55.010 through 84.55.040 (the "106 percent tax levy lid law") if such a levy is authorized by a proposition approved by a majority of qualified electors of the taxing district voting on the proposition at a general election held within the district or at a special elec- tion within the taxing district called by the district for the purpose of submitting such proposition to the voters; and WHEREAS, the Council finds that the roads and streets of Edmonds are in need of repair and that there are not sufficient funds available from its general revenues and current regular tax levy to make needed repairs and to adequately meet the resurfacing and maintenance needs of existing City streets; and WHEREAS, the age and condition of the City's streets is -1- at a critical juncture in that future deteriorations will result in ever-increasing repair costs, and that repairs made now will result in substantial savings over the cost of repair at a later date; and WHEREAS, the Council finds that the arterial streets carry higher volumes of traffic and demand a higher level of maintenance and resurfacing to be accomplished through repair by overlay to meet established street standards; and WHEREAS, the Council finds that if repairs to residential streets are made through a chip seal process designed as preventive maintenance, such streets will be protected from further deterioration, and WHEREAS, the total projected cost of repair, resurfacing and maintenance will be about $6,774,500 over the next five years; and WHEREAS, if neighborhoods wish to resurface or reconstruct their residential street to a higher standard than that established by the Council, those additional costs could be assessed back through a Local Improvement District or other form of benefit district. THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Council finds that an emergency exists requiring the maintenance, repair and resurfacing of City roads and streets, and the Auditor of Snohomish County, Washington, as ex officio Supervisor of Elections for such County, is requested -2- to call and conduct a special election in the City in the manner provided by law to be held therein on November 3, 1987, in conjunction with the State general election to be held on the same date, for the purpose of submitting to the qualified electors of the City for their approval or rejection, pursuant to the provisions of RCW 84.55.050, the question of whether or not the City shall increase the regular property tax levy of the City to be made in 1987 for collection in the years 1988 through 1992, inclusive, for the purpose of paying part of the costs of preventive maintenance, repair and resurfacing of City streets and roads. Property tax levied in 1992 for collection in 1993 and in later years shall be computed as if the limitation on levies contained in RCW 84.55.010 had been in effect from 1988 through 1992 and authority to exceed the 106% limitation under this ordinance had not been approved and such increased property taxes had not been made. Section 2. The City Clerk is authorized and directed to certify to the Auditor of Snohomish County, Washington, as ex officio Supervisor of Elections, at least 45 days prior to the November 3, 1987, general election date, a copy of this ordinance and the proposition to be submitted at that special election in the form: -3- CITY OF EDMONDS PROPOSITION NUMBER 1 (STREET REPAIR LEVY) Shall the City of Edmonds, Washington, to pay part of the costs of preventive maintenance, repair and resurfacing of the City roads and streets, increase its regular property tax levy by approximately $1.15 per thousand of assessed valuation, to provide $1,354,900 per year in 1988 through and including 1992, and in 1993 reduce its regular property tax levy to the amount otherwise provided by law, all as specified in Ordinance No. 2639 ? YES [ ] NO [ The City Clerk further is authorized and directed to perform such other duties as are necessary or required by law to the end that the question of whether or not the regular property tax levy of the City shall be increased as herein provided shall be submitted to the voters of the City at the aforesaid election. Section 3. Upon approval by the voters of the proposition set forth in Section 2, the Council shall spend proceeds of the levy among such street and road projects as it determines are consistent with the purposes of the levy described herein. Eligible costs of projects funded from levy proceeds may include, without limitation, engineering, construction, legal, administrative and financing costs. Section 4. After approval by the voters of the proposition set forth in Section 2, pending the receipt of levy proceeds the City may issue notes, warrants or other evidences of indebtedness as authorized by law to provide for the purposes described herein, such notes, warrants or other evidences of -4- indebtedness to be redeemed or repaid from proceeds of the levy or from other money legally available therefore. Section 5. The City Council hereby declares that an emergency exists necessitating that this ordinance take effect immediately upon passage by unanimous vote of the members of the City Council. Any act taken by the City Clerk or other City official before the effective date of this ordinance and consistent with its terms is hereby ratified and confirmed. APPROVED: MAYW.,( LARMY S . NAUGHTEN ATTEST/AUTHENTICATED: �CLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY lv { FILED WITH THE CITY CLERK: September 15, 1987 PASSED BY THE CITY COUNCIL: September 15, 1987 PUBLISHED: September 18, 1987 EFFECTIVE DATE: September 15, 1987 ORDINANCE NO. 2639 I, JACQUELINE G. PARRETT, City Clerk of the City of Edmonds, Washington, certify that the attached copy of Ordinance No. 2639 is a true and correct copy of the original ordinance passed on the 15th day of SepteY4-.er,1987, as that ordinance appears on the Minute Book of the City. DATED this 16 day of September, 1987. JAC ELINE G. PARRETT City Clerk -5- STATE OF WASHINGTON, COUNTY OF SNOHOP/IISH,. TIME N SHALL TIVE tamonds oreInneed of repair and that there ore not sufficient funds available from Its general and wm resuu In ever- wlr,costs and that now will' result In Ings over the cost_ s}er date; and ihe Council finds ol -streets :carry s :of. traffic and igher. level of nd resurfacing to �d through repair meet' established s;.ond .. streets ore made through a chip seal process designed _as streetstlwill be inpproten ed from further deterioration and WHEREAS the total projected cost of repair, resurfacing and maintenance will be about S6,774,500 over wthe next*five years -and WHEREAS, if neighborhoods wish to resurface or reconstruct their residential street to a higgher standard than that estob. 11shed by the Council, those a seissed backothrougcould al local improvement District or other benfoTHEf CITYtCOit UNC trl L OF THE CITY OF EDMONDS WASHING-- TON; DO ORbAIN AS FOLLOWS: thSection ect5t- 0 -emeroencycilexists requiring the maintenance, repair. and resurfacing of ,City roads and streets and .the Auditor of Snohomish Courtly;, Washington as ex a Icio.Super. Counfy�Is requeste to callsand conduct o special election In the- eity.In the monner provided by law. to be held therein on November 3, 1987, in conjunction wIt h the State general election to be held on the same date, for the purpose of suballHIng to the quallfled electors of the City for B ihelr approval or rejection, rs. Affidavit of Publication 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: f Snohomish County and that the notice ........................................ r ...................................................................................................................................... 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: 7 ...... �, .,:....r......................I.......... ......................................................................................I................I.......... .............................. and that said newspaper was regularly distributed to its subscribers during all of sai�pe riod. ................v.....`..� rZ -% _..... L.=e = i.....�: =. Princlpal Clerk i z,"-/ Subscribed and sworn to before me this ......•.:. .............. y , Nota% Public in and for the State of Washington, r }� iJ g at Everett, Snohomish County. ized and directea to perrorrp such other duties as are neces. sary or required by law to the en a ques ono whether or not the regular proper tax: levy of the City shot be Increased as herein • provided shall be submitted to the voters of the City at the aforesaid election. or FORM: 9 is a true ana the original on the 15th 1987, as that ars on, the City. - 16th day of r: AADDFTT