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Ordinance 32290006.90000 CDI 3/19/98 R:04 /08 /98gjz ORDINANCE NO. 3229 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, CREATING A NEW CHAPTER 3.14 ENTERPRISE FUND CREATING AND ESTABLISHING A FUND FOR THE SALE OF CITY MERCHANDISE TO ENCOURAGE ECONOMIC DEVELOPMENT AND PROMOTE TOURISM, PROVIDING FOR FUND ADMINISTRATION, USE AND RECORD KEEPING AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the Mayor and City Council desire to encourage economic development within Edmonds under the provisions of RCW 35.21.703; and WHEREAS, the Mayor and City Council desire to promote tourism in Edmonds under the provisions of RCW 35.21.700; and WHEREAS, the City Council has determined on the recommendation of the Mayor that the sale and distribution of merchandise displaying the City's emblem would promote economic development and tourism through name recognition and the enhancement of the City's image as a place to visit, reside and /or do business, as well as other lawful statutory purposes; and WHEREAS, the City desires to establish a special fund to administer the sale and distribution of such merchandise; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: 191590 -1- Section 1. A new Chapter 3.14 Enterprise Fund is added to Title 3 of the Edmonds City Code to read as follows: Chapter 3.14 Enterprise Fund 3.14.010 Enterprise fund created. There is hereby created a special fund entitled the "Enterprise Fund" to be used as a revolving fund for the expenditure of funds for and from any and all expenses required to purchase, design, imprint, promote and sell merchandise with the City's name or emblem and to be used in the administration and operation of the fund and for the retention, investment or reinvestment of principal and revenues derived. 3.14.020 Administration. The enterprise fund shall be administered under the direction of the Mayor. 3.14.030 Placement of money. The Edmonds City Council may, from time to time, appropriate to the enterprise fund from monies available for purposes for which the fund has been authorized. 3.14.040 Use of the fund. The City shall sell licensed merchandise bearing the City's name, emblem or other devices which encourage economic development and promote tourism, by the use of the enterprise fund, subject to the laws governing the purchase and sale of property. 3.14.050 Disposition of sale proceeds. Proceeds received by the City from the sale or distribution of licensed merchandise shall be returned to the enterprise fund, provided, however, that at the sole discretion of the City Council its original appropriation for the purchase price of such merchandise or the creation of any emblem or device made by the City may be withdrawn from money available in the fund. The 191580 -2- City Council may, at its discretion, withdraw surpluses for return to the general fund or to terminate the fund. 3.14.060 Account and records. The Finance Director shall cause to be kept books, accounts and records as are necessary to control and report the financial operations of the enterprise fund, and shall further subdivide the cash account into the following separate accounts: A. Account A, which shall be the "current operating account" into which shall be placed those portions of the charges made in accordance with the provisions of Section 3.14.070, which shall be specifically used to purchase, design, imprint, promote and sell City merchandise and to administer and operate the enterprise fund. B. Account B, which shall be the "enterprise reserve account" into which shall be placed those portions of charges made in accordance with the provisions of Section 3.14.070, which are specifically billed to provide sufficient money, having first taken into consideration the necessary operating and administrative costs billed under paragraph A, to pay the costs of purchasing, designing, imprinting, promoting and selling City merchandise as required to carry out the purpose of the enterprise fund. 3.14.070 Charges - Schedule. There shall be paid monthly into the enterprise fund money collected from the sale or distribution of City merchandise. The charges for City merchandise shall be sufficient to cover the purchase, design, imprint, promote and sell City merchandise and the administration and operation of the enterprise fund, and may allow for a reasonable profit to permit the City to keep a reserve account for times when the enterprise account is not self - sufficient. All profit collected shall be placed in the enterprise reserve account to carry out the purpose of the enterprise fund. At its discretion, the City Council or Mayor may authorize distribution 191580 -3- of merchandise at prices at or below cost of production without charge in order to further lawful purposes, such as the encouragement of economic development or promotion of tourism. Section 2. Severbility. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. 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. ATTEST /AUTHENTICATED : - CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY & 3z FILED WITH THE CITY CLE PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 3229 APPROVED: "MAYG7, ;. •;. • 10/23/98 10/27/98 11/03/98 11/08/98 191580 -4- SUMMARY OF ORDINANCE NO. 3229 of the City of Edmonds, Washington On the 27th day of October, 1998, the City Council of the City of Edmonds, passed Ordinance No. 3229. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, CREATING A NEW CHAPTER 3.14 ENTERPRISE FUND CREATING AND ESTABLISHING A FUND FOR THE SALE OF CITY MERCHANDISE TO ENCOURAGE ECONOMIC DEVELOPMENT AND PROMOTE TOURISM, PROVIDING FOR FUND ADMINISTRATION, USE AND RECORD KEEPING 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 October, 1998. CITY CLERK, SANDRA S. CHASE RCW 35.21.700 Tourist promotion. Any city or town in this state acting through its council or other legislative body shall have power to expend moneys and conduct promotion of resources and facilities in the city or town, or general area, by advertising, publicizing, or otherwise distributing information for the purpose of attracting visitors and encouraging tourist expansion. [1971 ex.s. c 61 § 2.] Filed with City Clerk: /0 -.3 -98 Adopted by Reference Ordinance on /0-a7= 98 City Clerk Page [ 1 ] 11/10/98 RCW 35.21.703 Economic development programs. It shall be in the public purpose for all cities to engage in economic development programs. In addition, cities may contract with nonprofit corporations in furtherance of this and other acts relating to economic development. [1985 c 92 § 1.] Filed with City Clerk: /0-a3 -98 Adopted by Reference Ordinance # UR2 on /0 -X/ 98 MgLIA' Z. City Clerk Page [ 1 ] 11/10/98 STATE OF WASHINGTON, COUNTY OF SNOHOIYISH, SUM1v1ARY-OF ORDINANCE NO. 3229 of the City of Edmonds, Washington On the 27th day of October, 1998, the City Council of the City Of Edmonds, passed Ordinance No. 3229. A summary of the content of said ordinance, con- sisting of the title, provides as follows; AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, CREATING A NEW CHAPTER 3.14 ENTERPRISE FUND CRE- ATING AND ESTABLISHING A FUND FOR THE SALE OF CITY MERCHANDISE TO ENCOUR- :AGE ECONOMIC DEVELOP- MENT AND PROMOTE TOUR- ISM, PROVIDING FOR FUND ADMINISTRATION, USE AND RECORD KEEPING AND FIX- ING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full te)d of this Ordinance will be mailed upon request. DATED this 28th day of f October, 1998. CITY CLERK, SANDRA S. CHASE Published: November 3, 1998. B -2 -1 ss. 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 of Snohomish County and that the notice ......... ............................... ...... SuTmary.. of ..Ordinance ..No. .. ..3229 .............. ......................... ...... . .......................................................................... ............................... ............................ 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: i998...................................................... ............... .......... ...... El" . ............................ ............................. .. ............------ ...........said news per was r g•(Ilariy distributed % to its subscribers of said per _ \ / .......................... - incinal Clerk Subscribed and sworn to before me this.......... 3rd .......... ......... ..... vember... ....... ....................... , ..... ............ . ... ..... . . .. .... .......... ............ . ..................... Notary Public in and for the tate o Washington, residing at Everett, Snoho h Cou ty. p ,.... % ;9�� 0.\Ssfoly lvA o ° (VOTARY *_ N1 s N PUBLIC 2' Az OF,WAS� 0 %