Ordinance 1832ORD-NANCE NO. 1832
AN ORDINANCE OF THE CITY.OF EDMONDS, WASHINGTON,
CREATING A NEW CHAPTER 4.04 IN THE EDMONDS CITY
CODE, PROVIDING FOR THE LEVYING AND UTILIZATION
OF A MOTOR VEHICLE EXCISE TAX; DECLARING PURPOSES
FOR SUCH TAX; IMPOSING LIMITATIONS.
WHEREAS, the Legislature in RCW 35.58.273 has authorized
municipalities to levy and collect a special excise tax on
motor vehicles for the cost of acquiring, construction,
equipping or operating a publicly owned mass transportation
system and related facilities or contracting for the services
thereof, or to pay or secure the payment of all or part of
the principal or interest on any general obligation bond or
revenue bond issued for public transportation capital purposes,
and
WHEREAS, the City of Edmonds finds that present revenues
are inadequate and insufficient to adequately provide the
citizens with adequate mass transportation services, now,
therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO
ORDAIN AS FOLLOrvS :
Section 1. A new chapter, Chapter 4.04, entitled
"Motor Vehicle Excise Tax" is hereby created.
Section 2. 4.'04.010. Declaration of Intent and Pur-pose.
The City of Edmonds finds that mass .public transportation is
essential and necessary for the proper protection of the
health, welfare and safety of the citizens of Edmonds. In
order to provide the necessary services the City has con-
tracted with the Municipality of Metropolitan Seattle to
provide the necessary services for the citizens of Edmonds.
The City Council of the City of Edmonds specifically finds
that the levying and collection of excise taxes authorized
by RCW 35.58.273 is essential to provide adequate mass
transportation services.
Section 3. 4.04'.0'20. Levy of flax. From and after
January 1, 1976, there is hereby levied a special excise tax
of one percent (1%) on the fair market value of every motor
vehicle owned by a resident of the City of Edmonds for the
privilege of using such motor vehicle in the City of Edmonds;
provided that in no. event shall said tax be less than one
dollar ($1.00). Subject to the provisions of subsection 2
of RCW 82.44.150 in the amount of such tax shall be credited
against the amount of the excise tax levied by the State of
Washington pursuant to the provisions of RCW 82.44.020.
Section 4. 4.04.030. Exemption. Any vehicle for
which an excise tax is payable under RCW 82.44.030 and RCW
82.44.070 shall be exempt from the tax imposed by this
chapter.
Section 5. 4.04.040. Schedule and Basis for `fax.
The schedule and basis for the excise tax imposed under the
terms of this chapter shall be as provided in RCW 82.44.040--
050. Penalties, receipts, abatements, refunds and all other
similar matters relating to the tax shall be as provided in
Chapter 82.44 of the Revised Code of Washington.
Section 6. 4.04.050. Procedure for Collection. The
excise tax levied pursuant to this chapter shall be due and
payable as set forth in RCW 82.44.060 and shall be collected
by the county auditor of Snohomish County and remitted to
the State at no cost to the City of Edmonds.
Section 7. 4.04.060. Purposes and Uses of Money. All
taxes levied and collected pursuant to the provisions of
this chapter shall be credited to the City of Edmonds and
shall be used solely for the purpose of paying all or any
part of the cost of acquiring, construction, equipping or
operating a publicaly owned mass transportation system and
related facilities or contracting for the services thereof,
or to pay to secure the payment of all or part of the
principal or interest on any general obligation bonds or
revenue bonds issued for public transportation capital
purposes and until withdrawn for use the monies accumulated
in such fund or funds may be invested by the Treasurer of
the City of Edmonds in the manner authorized by the City
Council of the City of Edmonds, all pursuant to 35.58.279 as
now exists or may hereafter be amended.
Section 8. 4.04.'070. Limitation on Internal Combustion
Engines. no new internal combustion powered equipment shall
be acquired with funds derived from the taxes levied and
collected herein or with funds derived from general obliga-
tion bonds wholly or partly secured by the taxes levied and
collected herein, unless they meet the standards for control
of pollutants emitted by internal combustion engines as
determined by the State Air Pollution Control Board, which
standards shall not be less than those required by similar
federal standards, all pursuant to 35.58.2971 as now exists
or may hereafter be amended.
Section 9. 4.04`.0'80. Parking Facilities. The construc-
tion of parking facilities to be wholly or partially financed
with funds derived from the taxes levied and collected under
this chapter or with funds derived from the general obligation
bonds wholly or partially secured by taxes collected under
this chapter shall be in conjunction with and adjacent to
public transportation stations or transfer facilities, all
pursuant to the provisions of RCW 35.58.2792 as now exists
or may hereafter be amended.
MIM
Section 10. 4.04.090. Right -of -Way Limitations.
Before utilizing any excise tax money collected pursuant to
this chapter for the acquisition of right-of-way or construc-
tion of a mass transit facility on a separate right-of-way
the City Council of the City of Edmonds shall adopt rules,
adopt regulations and conduct hearings as provided in RCW
35.58.273 as now exists or may hereafter be amended.
Section 11. 4.04.110. Severability. If any section,
subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall
be deemed a separate district and independent provision and
such holding shall not affect the validity of the remaining
portions of this Ordinance.
Section.'12. 4.04.300. This ordinance shall take effect
immediately and relate back to and include revenues collected
in the first calender quarter of 1976.
APPROVED:
MA, OR PRO TEM
ATTEST:
CIT CLERK, IREN" VARNEY MORAN
FILED WITH THE CITY CLERK: March 17, 1976
PASSED BY THE CITY COUNCIL: March 23, 1976
PUBLISHED: March 31, 1976
-4-
AFFIDAVIT OF PUBLICATION -
STATE OF WASHINGTON ss
COUNTY OF SNOHOMISH
THOMAS J. COAD, being first duly sworn, on oath deposes and says that he is the Publisher of the EDMONDS
TRIBUNE -REVIEW, a weekly newspaper. That said newspaper is a legal newspaper and has been designated as such
by Court Order No. 38282, and is now and has been for more than six months prior to the date of the publications herein-
after referred to, published in the English language continually as a weekly
newspaper in Snohomish County, Washington, and it is now and during all of
said time was printed in an office maintained at the aforesaid place of publication
of said newspaper, and that it was of general circulation in said Snohomish
County
That the annexed is a true copy of a Ordinance N o . 1,932
as it was published in regular issues (and not in supplement form) of said news-
paper once each week for a period of One momeDIUM week/,
commencing on the 31St day of March 1976,
and ending on the day of 19 —,
both dates inclusive, and that such newspaper was regularly distributed to its
subscribers during all of said period. That the full amount of the fee charged
for the foregoing publication is the sum of $ 2 3.8 0 , which amount has
been paid in full, at the rate of $ 2 0 00 a hundred words for the first insertion
and $ a hundred words for each subsequent insertion.
Subscribed and sworn to before me this dayofM a rc h 19 _7A
E' �c
Notary Public in and for the State of Washington, residing at Edmonds, Wash.
it later, Eric Faste and
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Stroke Clubs have bee
founded in five Washepngtao
communities during d
year. The clubs, affiliated wit
a the Washington State Hea
Association, offer social ar
recreational activities f4
I stroke persons and the
6 families.
1
N
ion Sale
WASHINGTON DO ORDAIN' for control of pollutants emitted
y
AS FOLLOWS:
by internal combustion engines
Section 1. A new chapter,
as determined by the State Air
Chapter 4.04, entitled "Motor
Pollution Control Board, which
Vehicle Excise Tax; is hereby
standards shall not be less than
created. '
those required by similar
Section 2. 4.04.010. Declara-
federal standards, all pursuant
tion of Intent and Purpose. The
to 35.58.2971 as now exists or
.City of Edmonds finds that
may hereafter be amended.
mass public transportation is
Section 9. 4.04.080. Parking
essential and necessary for the
Facilities. The construction of
proper protection of the health,
parking facilities to be wholly or
welfare and safety of the
partially financed with funds
citizens of Edmonds. In order to
derived from the taxes
provide the necessary services
.levied
and collected under this chapter
the City has contracted with the
or with funds derived from the
Municipality of Metropolitan
general obligation bonds wholly
Seattle to provide the necessary
or partially secured by taxes
services for the citizens of
collected under this chapter
Edmonds. The City Council of
shall be in conjunction with and
the City of Edmonds
adjacent to public transporta-
specifically finds that the levy-
tion stations or transfer
ing and collection of excise
facilities, all pursuant to the
taxes authorized by RCW
provisions of RCW 35.58.2792 as
35.58.273 is essential to provide
now exists or may hereafter be
adequate mass transportation
amended.
services.
Section 10. 4.04.090. Right -of -
Section 3. 4.04.020. Levy of
Way Limitations. Before utiliz-
Tax. From and after January 1,
ing any excise tax money
1976, there is hereby levied a
collected pursuant to this
special excise tax of one
chapter for the acquisition of
percent (1%) on the fair market
right-of-way or construction of a
value of every motor vehicle
owned b a— 'd t f th C'
mass transit facility on a separ-
si en o e ,ty
of Edmonds for the privilege of
ate right-of-way the City
Council of the City of Edmonds
using such motor vehicle in the
shall adopt rules, adopt regula-
City of Edmonds; provided that
lions and conduct hearings as
in no event shall said tax be less
provided in RCW 35.58.273 as
than one dollar ($1.00). Subject
now exists or may hereafter be
to the provisions of subsection 2
amended. MON
of RCW 82.44.150 in the amount
Section 11. 4.04.110.
of such tax shall be credited
Severability. If any section,
against the amount of the excise
subsection, sentence, clause,
STATE OF WASH] tax levied by the State of phrase or portion of this Ordin-
COUNTY OF SNO Washington pursuant to the ante is for any reason held
Provisions of RCW 82.44.020. invalid or unconstitutional by
Section 4. 4.04.030. any court of competent jurisdic-
THOMAS J. ( Exemption. Any vehicle for lion, such portion shall be that he is the Publisher of the EDMONDS
TRIBUNE-REVIEV which an excise tax is payable deemed a separate district and ewspaper and has been designated as such
under RCW 82.44.030 and RCW independent provision and such
by Court Order No. 82.44.070 shall be exempt, from holding shall not affect the prior to the date of the publications herein -
the tax imposed by this chapter.
Section 5. 4.04.040. Schedule
validity of the remaining Pnglish language continually as a weekly
portions of this Ordinance.
and Basis for Tax. The schedule
Section 12. 4.04.300. This ashington, and it is now and during all of
and basis for the excise tax
ordinance shall take effect
imposed under the terms of
immediately and relate back to ntained at the aforesaid place of publication
this chapter shall be as
Provided in RCW 82.44.040 —
and include revenues collected )f general circulation in said Snohomish
in the first calender quarter of
050. Penalties, receipts, abate-
1976.
ments, refunds and all other
APPROVED: (} rd i ri ari c e T\T o . 1 32
similar matters relating to the
H.H. HARRISON
tax shall be as provided in
MAYOR,
Chapter 82.44 of the Revised
H.H. HARRISON
I Code of Washington.
ATTEST: (and not in supplement form) of said news -
Section 6. 4.04,050. Procedure
for Collection. The excise tax
IRENE VARNEY MORAN of nnA Xotimolhm weekA
CITY CLERK, '
levied pursuant to this chapter
IRENE VARNEY MORAN of March 1976,
shall be due and payable as set
FILED WITH THE CITY
forth in RCW 82.44.060 and shall
CLERK: March 17, 1976 of 19-1
be collected by the county
PASSED BY THE CITY newspaper was regularly distributed to its
auditor of Snohomish County
COUNCIL: March 23, 1976
and remitted to the State at no
PUBLISHED: March 31 1976 -1• That the full amount of the fee charged
cost to the City of Edmonds.
Section 7. 4.04.060. Purposes
674 um of $ 23.80 ,which amount has
and Uses of Money. All taxes
tt, ,11C ia,C �l a 00 a hundred words for the first insertion
levied and collected pursuant to
ORDINANCE NO.1832
the provisions of this chapter
a hundred words for each subsequent insertion.
AN ORDINANCE OF THE
shall be credited to the City of
CITY OF EDMONDS, WASH-
Edmonds and shall be used
INGTON, CREATING A NEW
solely for the purpose of paying
'
CHAPTER 4.04 IN THE
EDMONDS CITY
all or any part of the cost of
March
CODE,
acquiring, construction, equip- bed
and sworn to before me this St day of 19�,
PROVIDING FOR THE LEVY-
ping or operating a publicaly
ING AND UTILIZATION OF A
owned mass transportation
�. �� �r f�� ��-
MOTOR VEHICLE EXCISE
system and related facilities or
TAX; DECLARING
contracting for the services Public in and for the State of Washington, residing at Edmonds, Wash.
PURPOSES FOR SUCH TAX;
thereof, or to pay to secure the
IMPOSING LIMITATIONS.
payment of all or part of the
WHEREAS, the Legislature
principal or interest on any
in RCW 35.58.273 has authorized
general obligation bonds or
municipalities to levy and
revenue bonds issued for public
collect a special excise tax on
transportation capital purposes
motor vehicles for the cost of
and until withdrawn for use the
acquiring, construction, equip-
monies accumulated in such
Ping or operating a publicly
fund or funds may be invested
owned mass transportation
by the Treasurer of the City of
system and related facilities or
Edmonds in the manner
contracting for the services
authorized by the City Council
thereof, or to pay or secure the
of the City of Edmonds, all
Payment of all or part of the
pursuant to 35.58.279 as now
principal or interest on any
exists or may hereafter be
general obligation bond or
amended.
revenue bond issued for public
Section 8. 4.04.070, Limitation
transportation capital
on Internal Combustion
purposes, and
Engines. no new internal
WHEREAS, the City of
combustion powered equipment
Edmonds finds that present
shall be acquired with funds
revenues are inadequate and
derived from the taxes levied
insufficient to adequately
and collected herein or with
provide the citizens with
funds derived from general
adequate mass transportation
obligation bonds wholly or
services, now, therefore,
partly secured by the taxes
THE CITY COUNCIL OF
levied and collected herein,
THE CITY OF EDMONDS,
unless they meet the standards