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Ordinance 374500006.900000 WSS /gjz 6/18/09 ORDINANCE NO. 3745 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF ECC 3.20.050 TO COLLECT AND REFLECT PROPERLY THE COST OF PROVIDING FOR FIRE HYDRANTS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City of Edmonds ( "City ") has both a fire department and water utility, and provides stormwater service and management functions; and WHEREAS, providing for fire hydrants is a general governmental function, for which the City is responsible; and WHEREAS, tax on public water utility may be used to pay for fire hydrants, as long as the tax is explicit, properly adopted, and subject to referendum; WHEREAS, the City Council finds that the water utility tax rate referenced above needs to be changed to more accurately reflect the City's costs associated with carrying out its function and responsibility of providing for fire hydrants as a central governmental function; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Subsection H of Edmonds City Code Section 3.20.050, Occupation Subject to Tax - Amounts. is hereby amended to read as follows: 3.20.050 Occupation Subject to Tax - Amounts. {WSS731936.DOC;1 \00006.900000 \} - 1 - H. City Water Utility. The City of Edmonds, as the seller of water services, shall be subject to the tax imposed by this chapter. The water utility shall pay a license tax or fee equal to 18.7 percent on the gross income from the City's water utility. Section 2. Effective Date. Section 2 of this ordinance is subject to referendum as set forth in RCW 35.21.706. Any duly qualified person may file a referendum petition with the City Clerk within seven (7) days after the passage of this ordinance. In the event that such a petition is filed, the City Clerk shall, within ten (10) days, confer with the petitioner regarding the form and style of the petition, secure an accurate, concise, and positive ballot title from the City Attorney, and assign an identification number to the petition. Thereafter, the petitioner shall have thirty (30) days within which to gather signatures from not less than fifteen percent (15 %) of the City's registered voters as of the last municipal general election. In the event that no referendum petition is filed, this ordinance shall take effect eight (8) days after its passage and publication of an approved summary thereof consisting of the title. APPROV D: MA OR G Y AAKENSON ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO ORM: OFFICE OF w5a;4( BY W. Scott Snyder {WSS731936.DOCJ \00006.900000 \} - 2 - FILED WITH THE CITY CLERK: 06/19/2009 PASSED BY THE CITY COUNCIL: 06/23/2009 PUBLISHED: 06/28/2009 EFFECTIVE DATE: 07/06/2009* ORDINANCE NO. 3745 *See attached letter. {WSS731936.DOC;1 \00006.900000 \} - 3 - SUMMARY OF ORDINANCE NO. 3745 of the City of Edmonds, Washington On the 23rd day of June, 2009, the City Council of the City of Edmonds, passed Ordinance No. 3745. 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 ECC 3.20.050 TO COLLECT AND REFLECT PROPERLY THE COST OF PROVIDING FOR FIRE HYDRANTS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 24th day of June, 2009. / z4"r-0, CITY CLERK, SANDRA S. CHASE {WSS731936.DOC;1 \00006.900000 \} - 4 - STATE OF WASHINGTON, COUNTY OF SNOHOMISH b rte, rep. tag° SUMMARY OF ORDINANCE NO. 3745 0 t e ity o f monds, ashmgt0n On the 23rd day of June, 2009, the City Council of the City of Edmonds, passed Ordinance No. 3745. 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 ECC 3.20.050 TO COLLECT AND REFLECT PROPERLY THE COST OF PROVIDING FOR FIRE HYDRANTS, -AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 24th day of June, 2009. CITY CLERK, SANDRA S. CHASE Published: June 28, 2009. RECEI , ED IJUL 0 2 2009 EDMNDS CITY CLERK Affidavit of Publication S.S. The undersigned, being first duly swom 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. 3745 Amending the Provisions of ECC 3.20.050 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_ June 28, 2009 and that said newspaper was Subscribed and swom to before me this day of June, 201 C Notary Public and County. State of Account Name: City of Edmonds Account Number. 101416 toys subscribers during all of said period_ �oYA,p1�- Us . -� 1y .S_ 0 !ef "Itlt %1 1p''cOr WAS\A 29th Snohomish 0001655504 the 1890 August 20, 2009 CITY OF EDMONDS GARY HAAKENSON MAYOR 121 5TH AVENUE NORTH • EDMONDS. WA 98020 • (425) 775 -2525 CITY CLERK Lorenzo Hines Interim Finance Director City of Edmonds 121 5th Avenue North Edmonds, WA 98020 RE: Effective Date of Ordinance 3745 Dear Mr. Hines: I am notifying you as City Clerk that Ordinance No. 3745 became effective on August 9, 2009. As you may be aware, a referendum petition was filed with me as City Clerk on June 30, 2009. In accordance with RCW 35.21.706 the ordinance's effective date was suspended for a period of thirty (30) days in order to provide the petitioner an opportunity to gather signatures. The 30 -day period began on July 9, 2009 and expired on August 8, 2009. Signatures have not been filed with my office and accordingly, I am informing you that Ordinance 3745 has now become effective. Very truly yours, �f,„eE„eL - el., Sandra S. Chase, CMC City Clerk cc: Mayor Haakenson Scott Snyder, City Attorney {WSS738563.DOC;1 \00006.900000\ } • Incorporated August 11, 1890 • Sister City - Hekinan, Japan