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Ordinance 2331MAE/mj r 11/17/82 ORDINANCE NO. 2331 AN ORDINANCE OF THE CITY OF EDMONDS, WASH- INGTON, AMENDING ORDINANCE NO. 2296, PASSED BY THE CITY COUNCIL ON MAY 11, 1982, AND AS SUBSEQUENTLY AMENDED BY ORDINANCE NO. 2299, PASSED BY THE CITY COUNCIL ON MAY 18, 1982, WHICH IMPOSED A ONE-HALF PERCENT SALES AND USE TAX AS AUTHORIZED BY SECTION 17, CHAP- TER 49, FIRST EXTRAORDINARY SESSION, LAWS OF 1982, REVISING THE PROCEDURES FOR SPE- CIAL INITIATIVE PETITION OF SECTION 3 OF SUCH ORDINANCE. WHEREAS, the City Council passed Ordinance No. 2296 on May 11, 1982, imposing a one-half of one percent sales and use tax as authorized by Section 17, Chapter 49, First Extra- ordinary Session, Laws of 1982, and WHEREAS, Section 19 of Chapter 49, First Extraordin- ary Session, Laws of 1982, which require that Ordinance No. 2296 be subject to voter approval or rejection, was widely interpreted to require that such ordinance be subject to such voter approval or rejection before becoming effective, and WHEREAS, the Washington State Attorney General has issued his opinion that ordinances imposing the one-half percent sales and use tax be effective in the same manner as similar ordinances but remain forever subject to voter ap- proval or rejection through a Special Initiative Petition procedure as set forth in RCW 35A.11.100, and WHEREAS, the City Council now finds it necessary to amend Section 3 of the Ordinance No. 2296 to insure com- formance with state law, now, therefore, -1- THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Secton 1. Section 3 of Ordinance 2296, passed by the City Council on May 11, 1982, subsequently amended by Ordin- ance No. 2299, passed by the City Council on May 18, 1982 is hereby amended to read as follows: Section 3. This ordinance shall be subject to a Special Initiative proposing that the tax imposed by this ordinance be changed or repealed. The number of registered voters needed to sign a petition for Special Initiative shall be fifteen percent of the total number of names of persons listed as regis- tered voters within the City on the day of the last preceding general election. If a Special Initiative Petition is filed with the City Council, the opera- tion of this ordinance shall not be suspended pend- ing the City Council or voter approval of the Special Initiative and the tax imposed herein shall be collected until each Special Initiative is ap- proved by the City Council or the voters. The pro- cedures for Initiative upon Petition contained in RCW 35A.11.100 shall apply to any such Special Ini- tiative Petition. Section 2. The remaining portions of Ordinance No. 2296 shall not be affected. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be in- valid or unconstitutional by a court of competent juris- diction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other sec- tion, sentence, clause or phrase of this ordinance. Section 4. This ordinance shall be in full force and -2- effect five (5) days after passage and publication by posting as provided by law. APPROVED: MAYOR, H. H.-HARRISON ATTEST/AUTHENTICATED: 4z'xt4 1 9-;� - - - CITY CLERK, IREDJ VARNEY MORAN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: 11.V4 FILED WITH THE CITY CLERK: November 17, 1982 PASSED BY THE CITY COUNCIL: November 23, 1982 POSTED: November 24, 1982 EFFECTIVE DATE: November 29, 1982 -3- AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) ) ss: COUNTY OF SNOHOMISH ) IRENE VARNEY MORAN , being first duly sworn on oath deposes and says that s he 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 24 day of November , 19 82, affiant posted true and correct copies of the attached Ordinance No. 2331, passed by the City Council on the 23 day of November , 1982 , 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 24 day of November 1982. (� ��.t.�'Ll ter✓ SUBSCRIBED AND SWORN to before me this ,P� da of otary Public in and for the State of shington, residing at�c�z��