Ordinance 31660006.900000
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08/26/97
R:11 /13 /97gjz
R: 11 /21/97gjz
ORDINANCE NO. 3166
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF
CHAPTER 3.34 LODGING TAX TO AMEND SECTION
3.34.060 ENUMERATING THE PURPOSES FOR WHICH THE
TAX CAN BE USED AND ADDING A NEW SECTION
3.34. 100 TO INCORPORATE PROVISIONS RELATING TO A
LODGING TAX ADVISORY COMMITTEE, AMENDING THE
PROVISIONS OF TITLE 10 TO ADD A NEW CHAPTER 10.70
LODGING TAX ADVISORY COMMITTEE AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, chapter 452 the laws of 1997 incorporated changes in chapter 67.28
RCW relating to a tax on lodging and the use of the proceeds thereof, and
WHEREAS, the City of Edmonds has previously enacted such a lodging tax and
the City Council deems it to be in the public interest as required by state law to incorporate the
provisions of chapter 452 into its ordinances, and NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds City Code Section 3.34.060 Special Fund Created
Purposes Enumerated is hereby amended to incorporate new limitations on the use of lodging
tax proceeds funds to read as follows:
171522 -1-
3.34.060 Special Funds Created — Purposes Enumerated.
There is hereby created a special fund to be known as the
"tourism promotion fund. " All taxes levied hereunder shall
be placed in said fund for the purpose of paying all or any
part of the cost of tourism promotion, acquisition of
tourism - related facilities, or the operation of tourism-
related. facilities in accordance with the definitions of the
terms tourism, tourism promotion, and tourism - related
facility as such terms are defined in RCW 67.28.080. The
monies accumulated in said fund may be invested in
interest - bearing securities by the City Finance Director in
any manner authorized by law. The City Council may
agree to the utilization of revenue from taxes imposed
under this chapter for the purposes of funding a multi -
jurisdictional tourism - related facility.
Section 2. Chapter 3.34 is hereby amended by the addition of a new section
3.34. 100 relating to the duties of the lodging tax advisory committee to read as follows:
3.34.100 Lodging Tax Advisory Committee.
An increase in the rate of a tax imposed under this chapter,
repeal of an exemption from the tax imposed, or change in
the use of revenue received shall be submitted to the
lodging tax advisory committee for review and comment at
least 45 days before final action on or passage of the
proposal by the City Council. The advisory committee
shall submit comments on the proposal in a timely manner
after having afforded the public an opportunity for
comment. Such comments may be written or oral,
provided, however, that the advisory committee shall hold
at least one meeting where the oral comments of the public
are received and considered. The comments of the
committee shall include an analysis of the extent to which
the proposal will accommodate activities for tourists or
increased tourism, and the extent to which the proposal will
affect the long -term stability of the fund created pursuant
to ECC 3.34.060. Failure of the advisory committee to
timely submit, prior to final action on or passage of the
proposal shall not prevent the City from acting on the
proposal. In the event the City Council, in its sole
discretion, deems it appropriate to amend the proposal, it
171522 -2-
is not required by chapter 67.28 RCW to resubmit such
proposal to the advisory committee.
Section 3. Title 10 of Boards and Commissions is hereby amended by the
addition of a new chapter 10.70 Lodging Tax Advisory Committee to read as follows:
Title 10 Boards and Commissions dropped Chapter 10.70
lodging tax advisory committee Section 10.70.010 Purpose.
A lodging tax advisory committee is hereby created
pursuant to the provisions of chapter 67.28 RCW. The
duties and structure of the advisory committee shall be
interpreted and applied pursuant to the requirements of
chapter 67.28 RCW as the same exists or is amended and,
in the event of conflict between the provisions of this
chapter and chapter 3.34 of the City Code, and chapter
67.28 RCW, the state statute shall control. In the event of
ambiguity, all ambiguity shall be resolved in favor of and
in conformance with the provisions of state statute.
10.70.020 The Lodging Tax Advisory Committee. The
Lodging Tax Advisory Committee shall consist of five
members appointed by the City Council. Committee
membership shall consist of:
A. Two members of representatives of businesses
required to collect tax under this chapter; and
B. Two members who are persons involved in activities
authorized to be funded or supported by revenues received
under this chapter; and
C. A fifth representative who shall be an elected
official of the City and who shall chair the Commission.
D. The Committee may be enlarged at the discretion of
the City Council recognizing there must always be equal
representation from the tax providers and the tax users as
required by RCW 67.28.1817, as now or hereafter
amended.
E. In addition, the City Council may appoint an
additional non - voting member who is an elected official of
171522 -3-
the City and a non - voting member who is an elected
official of Snohomish County.
Persons eligible for appointment under subsection A of this
section are not eligible for appointment under subsection B,
and persons who are eligible under subsection B of this
section are not eligible for appointment under subsection A.
10.70.030 Duties of the Committee. The Committee shall
provide advice and recommendations in accordance with
the provisions of chapter 67.28 RCW as the same exists or
is hereafter amended. The City Council shall submit for
review and recommendation an imposition of taxes under
this chapter, an increase in the rate of tax imposed under
this chapter, repeal of an exemption from the tax imposed
under this chapter, or a change in the use of revenue
received under this chapter. The City Council shall submit
such items for consideration at least 45 days before its final
action on a passage of a proposal by the City Council. The
Advisory Committee shall receive public comment on the
proposal in accordance with the provisions of chapter 3.34
of the Edmonds City Code. The failure of the Advisory
Committee to timely submit comments before final action
on or passage of the proposal shall not prevent the City
Council from acting on such a proposal. In the event that
the City Council determines it appropriate in its sole
discretion to amend a proposal following the receipt of
comment by the Advisory Committee, it is not required to
resubmit such proposal to the Advisory Committee before
acting.
10.70.040 An appointment of each member of the
committee shall expire annually on December 31. The
City Council shall review membership annually and shall
make such changes as it deems appropriate replacing or
retaining members as it, in its sole discretion, shall deem
appropriate.
Section 4. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
171522 -4-
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 5. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
X19"1
MAYOR, BARBARA S. FAHEY
ATTEST /AUTHENTICATED :
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE C Y ATTORNEY:
BY
FILED WITH THE CITY CLERIC. 11/21/97
PASSED BY THE CITY COUNCIL: 11 /25/97
PUBLISHED: 12/01/97
EFFECTIVE DATE: 12/06/97
ORDINANCE NO. 3166
171522 -5-
SUMMARY OF ORDINANCE NO. 3166
of the City of Edmonds, Washington
On the 25thday of November , 199 7 , the City Council of the City of Edmonds,
passed Ordinance No. 3166 A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
PROVISIONS OF CHAPTER 3.34 LODGING TAX TO AMEND SECTION 3.34.060
ENUMERATING THE PURPOSES FOR WHICH THE TAX CAN BE USED AND ADDING
A NEW SECTION 3.34. 100 TO INCORPORATE PROVISIONS RELATING TO A LODGING
TAX ADVISORY COMMITTEE, AMENDING THE PROVISIONS OF TITLE 10 TO ADD
A NEW CHAPTER 10.70 LODGING TAX ADVISORY COMMITTEE AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 26th day of November , 199 7
CITY CLERK, SANDRA S. CHASE
I Filed with City Clerk: 9 7
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COQ r0•"• m �. e: s g R R [SD 1 9 9 9
iIONS RELATING TO
ODGING TAX ADVISORY
AMENDING THE
Affidavit of Publication
COMMITTEE
PROVISIONS OF TITLE 10
W CHAR
ANE PTE
STATE OF WASHINGTON,
COUNTY OF SNOHONISH,
sa
SUMMARY OF
ORDINANCE Ci NO.
f3166
The undersigned, being first duly sworn on oath deposes and says
Edmonds Washington
°," 997; t a city.0 un�il oi'
that she is Principal Clerk of THE HERALD, a daily newspaper
redlnancef IJ0. 3166. Aasum
the content of said
printed and published in the City of Everett, County of Snohomish,
try, of
Ilerovides asifolioWsf the
ORDINANCE OF THE
and State of Washington; that said newspaper is a newspaper of
N
ITY OF EDMONDS. WASH -
JGTON, AMENDING THE
OF CHAPTTO
general circulation in said Count and State that said newspaper
y
ROVISIONS
Nsa.oso
has been
fdE ND��
THE PUR-
approved as a legal newspaper by order of the Superior
:NUMERATING
'OSES FOR WHICH THE TAX
�nnl RE USED .AND AD G
Court of Snohomish County and that the notice ......... .............. .... .............
iIONS RELATING TO
ODGING TAX ADVISORY
AMENDING THE
Summary of Ordinance No. 3166
COMMITTEE
PROVISIONS OF TITLE 10
W CHAR
ANE PTE
TO ADD
10. LODGING 10 TAX ADVI-
to. 0 COMMITTEE AND
FIXINGA 71ME WHBECOME ..................................................................
....... ... ..................... ...... ...............................
SAME SHALL
EFFECTIVE.
full text of this
The
Ordinance Will bemelled upon
req
DATED uest. this 26th day of
......................................................................................................................................
November 1NT• SE
§A997' S. CHA
a printed copy of which is hereunto attached, was published, in said
i City Clerk
Published: December 1, 1997*
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
December 1, 1997
.. . ........ . .......... . :...................... ...................................... ............................... . ..................
......................................... .. ......... .. .. .... ....... . . . .. ....................................... ..... .... ... . ....
rand that said newspaper was �egularl : distributed to its subscribers
during all of said period. I
� f r,.
Principal Clerk
Subscribed and sworn to before me this.......znd
day ofa-- December---- -.-- ...---- ... -;. ........... 19.-97
�• 5: fir...- a.._..�` ,,�
M =:.r
...... ...... ... .......... .�� ...- ..- ....� .
Notary Public In ae for the Stag of Washington,
v residing at Everett, Snohomis
140T AR.
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