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Ordinance 32640006.900000 WSS /sds /gjz 06/21/99 ORDINANCE NO. 3264 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF CHAPTER 7.50 ECC BY THE ADDITION OF A NEW SECTION 7.50.060 ADMINSTRATIVE RATE ADJUSTMENT AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, factors related to the topography or the physical characteristics of a property, particularly the extent to which the presence or lack of stormwater detention, retention, metering, treatment and other technological improvements or advances may place either an increased burden on the City's stormwater utility or provide greater benefits to the utility than the average property used in calculating the monthly ESU as such term is defined in ECC 7.50.050(d); and WHEREAS, the City Council deems it appropriate to provide for flexibility in the administrative adjustment of rates in order to most equitably distribute the costs and benefits of the stormwater utility, and WHEREAS, the City Council wishes to make it clear that the adjustments are to be based solely upon the characteristics of the individual property and its attendant improvements and not upon factors personal to the owner such as, but not limited to, the ability of an individual to pay, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: {WSS402579.DOC;1/00006.900000/} - I - Section 1. The Edmonds City Code Chapter 7.50 Stormwater Management Utility is hereby amended by the addition of a new Section 7.50.050 Administrative Rate Adjustment to read as follows: 7.50.050 Administrative Rate Adjustment. The City's Public Works Director is hereby authorized to make adjustments to the City's stormwater utility rates as provided in this Chapter in an amount up to 50% of the rate set in the preceding Section in accordance with the following provisions: A. Upon written application to the Public Works Director, a customer may request review of the City's stormwater management utility fee as applied to the specific developed property to which the fee has been charged. The applicant shall state the specific conditions and/or facilities on the site which the applicant feels warrants adjustment of the rate as applied to the property. B. On his own motion, the Public Works Director may initiate review of a stormwater utility charge to any parcel. C. The Public Works Director shall have authority to increase or decrease rates up to 50% of the level set by the City Council. The sole criteria for adjusting the rate shall be a determination that the physical characteristics of the site and in particular the stormwater detention, retention and/or treatment facilities as installed thereon by the owners or lack thereof, have significantly increased the burden which the property places upon the City's stormwater utility (in the event of an increase) or significantly decreased the burden (in the event of a decrease) by providing additional benefits over and above those which the average property places upon the utility through on -site improvements including but not limited to on -site pollution control mechanisms or technologies which relate to water quality and the property's impact upon the City's stormwater management system. Factors personal to the property owner, such as ability to pay shall not be considered. D. The decision of the Public Works Director shall be in writing. It may be appealed to the Edmonds City Council for review. In that review process the determination of the Director shall be given substantial weight and an applicant for decrease shall have the burden of proof. In the event the Director has {WSS402579.D0C;1/00006.900000/} - 2 - recommended an increase, the City Staff shall have the burden of proof in the process. The decision of the Edmonds City Council shall be final and shall not be appealable. The City Council may either increase or decrease the rates within 50% of that set or may elect, in its sole discretion, to apply the rate as established by ordinance if the City Council determines that such property does not differ substantially from other similarly situated ratepayers and their properties. Section 2. 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. APPROVED: MAYOR, BARBARA S. FAHEY ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF T ATT RNEY: BY >! �& W. SCOTT SNYDER FILED WITH THE CITY CLERK: 07/02/99 PASSED BY THE CITY COUNCIL: 07/06/99 PUBLISHED: 07/11/99 EFFECTIVE DATE: 07/16/99 ORDINANCE NO. 3264 {WSS402579.DOC;1/00006.900000/) - 3 - SUMMARY OF ORDINANCE NO. 3264 of the City of Edmonds, Washington On the 6th day of July, 1999, the City Council of the City of Edmonds, passed Ordinance No. 3264. 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 7.50 ECC BY THE ADDITION OF A NEW SECTION 7.50.060 ADMINSTRATIVE RATE ADJUSTMENT AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 7th day of July, 1999. CITY CLERK, SANDRA S. CHASE { WSS402579.DOC;1/00006.900000/ }- 4 - STATE OF WASHINGTON, COUNTY OF SNOHOD61ISH, On the 6th day -of July, 1999, the City Council of the City of Edmonds, passed Ordinance No. 3264. A summary of the content of said ordinance, consisting of the title, provides as follows: AN OR OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF CHAPTER 7.50 ECC BY THE ADDITION OF A NEW SECTION 7.50.060 ADMINI - TRATIVE RATE ADJU N AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 7th day of July, 1999. City Clerk, SANDRA S. CHASE -Published: July 11, 1999. B -z -1 ss. Affidavit of Publication REcm,VED JUL 16 ENGINEERING 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 ......... ............................... Summary__.of... Ordinance ...No.......3.264 .............. .......... ................ ............................... ........................................................ ............................... 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: July.... 1.1 ........ 1 9 9 9 ............................................................. .... ....... .................... ...................................................................................................................................... and that said newspaper was regularly distributed to its subscribers during all of said period. _ . ............................... 'i:6 Principal Clerk Subscribed and sworn to before me this........ 1.1- th....... Ju.. y.......... .............. 19.9.9.. ............ ............................... ...... Notary Public in and for the tate o Washington, residing at Everett, Snoho h Court NOTARY N PUBLIC 2