Loading...
Ordinance 30160006.010.050 WSS /are 03/28/95 ORDINANCE NO. 3 016 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING A STAY ON THE COLLECTION OF CITY OF EDMONDS UTILITY TAX FROM THE AURORA MARKETPLACE ANNEXATION AREA, AND ANY OTHER AREA ANNEXED TO THE CITY WHOSE ANNEXATION IS STAYED OR LIMITED PURSUANT TO A COURT ORDER BY JUDICIAL APPEAL OF SUCH ANNEXATION(S) AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City of Edmonds provided in 1994 and 1995 for the annexation of certain areas including, but not limited to, an area commonly known as the Aurora Marketplace Annexation, and Court, and WHEREAS, the annexation(s) were appealed to Snohomish County Superior WHEREAS, the stay of the effective date of the Aurora Marketplace Annexation resulted in a situation in which the City is unable to receive the proceeds of property and other taxes with such revenues going to Snohomish County for budget year 1995, and WHEREAS, pursuant to City ordinance the City collects certain utility taxes levied pursuant to Titles 3 and 7 of the Edmonds City Code from annexed areas, and WHEREAS, a basic assumption of proponents of the annexation was the overall reduction in taxes and charges upon annexation to the City along with the provision of services by the City, and 98206.1 -1- WHEREAS, the stay and the stay's affect upon the levying of taxes by Snohomish County has created a situation in which the area residents are subjected to the higher Snohomish County property tax rates and the City's utility rates, and WHEREAS, the City deems it to be in the public interest to correct this inequity by providing for a stay of its utility taxes until such time as property tax levies are assessed in the area at the rate applicable to the City of Edmonds and such revenues provided to the City by authorizing negotiation of a return by interlocal agreement of the portion of the property tax revenues in order to compensate the City for its costs and the provision of services to the annexation, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Application and collection of City taxes within the Aurora Marketplace Annexation Area as defined by City Ordinance No. 2997 and any other annexation area annexed to the City in 1995, where such annexation is being stayed by order of the court pursuant to an appeal during such budget year is hereby stayed, until December 31, 1995 or such future date as may be extended by the City Council commensurate with any court ordered stay and delay of reassessment. It is the intention of the City Council to stay collection of City utility taxes and other similar charges until such time as the state property taxes and other levies are assessed at the rates applicable to City of Edmonds residents and such revenues received or receivable by the City. Section 2. Special counsel representing the City in the Aurora Marketplace Annexation matter and other appeals, due to conflicts by the City Attorney, are hereby requested 98206.1 -2- and directed to enter into negotiations with Snohomish County in order to ensure that the City receives tax revenues from Snohomish County sufficient to compensate the City for providing police, fire, street maintenance and other public services within the Aurora Marketplace Annexation area during the period for which the City is not receiving property tax or any other applicable tax revenues from recently annexed areas. Section 3. Effective Date. This ordinance, being an administrative action, is not subject to referendum and shall take effect five (5) days after publication of an approved summary thereof consisting of the title. APPROVED: i ATTEST /AUTHENTICATED : qY C CLERK, R H NDA A J. MARCH APPROVED AS TO FORM: OFFICE O ITY ORNEY: BY FILED WITH THE CITY CLERK: 03/28/95 PASSED BY THE CITY COUNCIL: 03/28/95 PUBLISHED: 04/02/95 EFFECTIVE DATE: 04/07/95 ORDINANCE NO. 3016 98206.1 -3- SUMMARY OF ORDINANCE NOe 3016 of the City of Edmonds, Washington On the 28th day of March , 199 5 , the City Council of the City of Edmonds, passed Ordinance No. 3016 A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING A STAY ON THE COLLECTION OF CITY OF EDMONDS UTILITY TAX FROM THE AURORA MARKETPLACE ANNEXATION AREA, AND ANY OTHER AREA ANNEXED TO THE CITY WHOSE ANNEXATION IS STAYED OR LIMITED PURSUANT TO A COURT ORDER BY JUDICIAL APPEAL OF SUCH ANNEXATION(S) AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 28th day of March , 199 5 . STATE OF WASHINGTON, COUNTY OF SNOHOMISH, OF A B-2-1 995' y of of, this Ordinance will on request. 28th day of March, fA J..MAFJdH irk.- - - -- ss. Affidavit of Publication RECEIVED APR 0 7 EDMONDS CITY 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 of Snohomish County and that the notice ......... ............................... ..... City ... of... Edmonds .......................................................... .............. .......... • - - - - -- Summary. of... rdinance No. 3016 ......... ............. ............................. .. .................... ...... . . . .. ........................ ............................... ..........................................................•---.........-------- 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: ... Ap.r i1.... 2.,.... 19. 9. 5 ............................... I ..................... ......................................... ....................... . ........................................... ................................. .................................. and that said newspaper was regularly distributed to its ubscribers durperiod. . .......... C....... / ----.......................... nci r Principal Clerk Subscribed and sworn to before me this.... 3.r-d... Oa of......... Ap�r1.1 ......... .... ....... 1995.... . -; ....... ............................... ................... 1.. .......--- --- ......•........... Notary Public in and for t State of Washington, residing at Everett, Snohoriisheountv,,_ 0E J \ �SSI0 NpTARr N� RU 6 LlG :_-19 9a `> �G�/ 01c AV�� W