Ordinance 38040006.90000
WSS /gjz
7/22/10
ORDINANCE NO. 3804
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE EDMONDS CITY CODE
CHAPTER 3.65 EDMONDS TRANSPORTATION BENEFIT
DISTRICT, SECTIONS 3.65.030 FUNCTIONS OF DISTRICT,
3.65.040 TRANSPORTATION IMPROVEMENTS FUNDED,
AND 3.65.050 DISSOLUTION OF DISTRICT, AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, Ordinance No. 3707 was adopted creating the Edmonds
Transportation Benefit District in order to provide funding for the improvement, maintenance,
protection and operation of existing public ways within the City, and
WHEREAS, the Edmonds Transportation Benefit District was established
pursuant to the authorization of Chapter 36.73 RCW, and
WHEREAS, such Chapter has since been amended to permit the funding of
projects listed on local transportation plans, and
WHEREAS, the Edmonds Comprehensive Plan and Transportation Improvement
Plan lists many projects which are necessary for the City to maintain concurrency under the
Growth Management Act and have been determined as a part of the planning process to be
essential to the transportation needs and safety of current and future residents of the City, and
WHEREAS, Chapter 3.65 authorizes expansion of the functions of the system
provided so long as the requirements of Chapter 36.73 are met, and
WHEREAS, notice of public hearing regarding the adoption of this ordinance
expanding the role of the District was provided and a public hearing held on August 3, 2010, and
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WHEREAS, the Edmonds City Council finds it to be in the public interest to
expand the functions of the District in accordance with the provisions of State law, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
follows:
Section 1. ECC 3.65.030 Functions of the District is hereby amended to read as
3.65.030 Functions of the district.
A. The district board may authorize a vehicle fee of up to $20
per vehicle as provided for by RCW 82.80.140. When authorized
by the voters pursuant to the requirements of 36.73 RCW, other
taxes, fees, charges and tolls or increases in theses revenue sources
may be assessed for the purposes provided for in the subparagraphs
of this section.
1. Pursuant to the initial authorization of Ordinance No. 3707,
the district board may and has authorized a vehicle fee of up to $20
per vehicle as provided for by RCW 82.80.140 for the purpose of
the preservation, maintenance and operations of the City streets.
2. As authorized by the voters pursuant to the requirements of
Chapter 36.73, additional taxes, fees, charges and tolls or increases
in those revenue sources may be assessed for the construction,
reconstruction, updating or improvement of public transportation
facilities shown on the Edmonds Comprehensive Plan and
Transportation Improvement Plan. This additional function of the
district has been authorized by ordinance amendment in
compliance with the provisions of Chapter 36.73 RCW. These
additional transportation projects authorized pursuant to the vote of
the Transportation Benefit District shall be deemed funded and
effective when approved by a vote of the people in accordance
with the provisions of state law. The projects authorized shall be
limited to those specifically identified in the proposition put to the
voters.
B. Additional transportation improvements may be added to
the functions of the district upon compliance with Chapter 36.73
RCW.
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C. The Board shall have and exercise all powers and functions
provided for by Chapter 36.73 RCW in order to fulfill the
functions of the District.
Section 2. The Edmonds City Code, Section 3.65.040
Improvements Funded is hereby amended to read as follows:
3.65.040 Transportation Improvements Funded.
Two separate sets of functions have been established by ordinance
for the Transportation Benefit District. The funds generated by a
vehicle fee of up to $20 per vehicle authorized by the Board in
accordance with RCW 82.80.140 shall be used solely for
transportation improvements that preserve, maintain and operate
the existing transportation infrastructure of the City, consistent
with the requirements of Chapter 36.73 RCW. Upon authorization
by the voters, additional funds from other taxes, fees, charges and
tolls or increases in these revenue sources may be utilized for the
construction of transportation improvements specifically described
in the proposition submitted to the voters. Funds raised from either
revenue source may be utilized for any lawful purpose under
Chapter 36.73 RCW; but all funds raised through the TBD shall be
expended only for the purposes specified, i.e.:
1. For the preservation, maintenance and operation of the
existing City street transportation improvement infrastructure or;
2. For projects specifically designated in a ballot proposition
approved by the voters and utilizing the funding source approved
by the voters.
Such improvements are intended to comply with the provisions of
the Growth Management Act and the City's Comprehensive Plan
and reduce the risk of transportation facilities' failure, improve
safety, continue the costs effectiveness of the City's infrastructure
improvements and to encourage the optimum use of the
transportation system. Additional transportation improvements
project may be funded only after compliance with the provisions of
RCW 36.73.050(B) following notice, public hearing and enactment
of an additional authorizing ordinance.
Transportation
Section 3. The Edmonds City Code Section 3.65.050 Dissolution of District is
hereby amended to read as follows:
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3.65.959 Dissolution of district.
The transportation district has been authorized to fulfill two
separate functions. Each function of the District shall expire and
be dissolved upon its completion.
1. Street preservation, maintenance and operation are
ongoing, long -term obligations of the City. In order to comply
with the dissolution requirement of RCW 36.73.050, a street
resurfacing cycle of 20 years was adopted and the district shall be
deemed authentically dissolved with respect to the function of
street preservation, maintenance and operation 18 years from the
effective date of the original ordinance No. 3707, to wit,
November 28, 2026.
2. Upon authorization by the voters, the additional
transportation improvements, specifically described in the
proposition shall be deemed authorized. In accordance with the
dissolution requirements of RCW 36.73.050, the powers, duties
and functions of the district shall be deemed dissolved with respect
to such voter approved projects when all indebtedness of the
districts with regard to such projects has been retired and all
transportation improvements described in such project list have
been completed. Upon dissolution with respect to these functions,
the voters' authorization for funding to construct such funding
shall be deemed to automatically expire. Nothing herein shall be
interpreted to prohibit the Edmonds City Council on the
recommendation of the Edmonds Transportation Benefit District to
dissolve the district in whole or in part and /or reformulate it in
accordance with the provisions of Chapter 36.73.050.
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, such
invalidity or unconstitutionality shall not affect the validity of any other section, sentence, clause,
or phrase of this ordinance.
Section 5. Effective Date. Pursuant to RCW 35A.47.040, this ordinance has
been passed at least five (5) days after its first introduction and by a majority of the whole
membership of the City Council at a regular meeting. This ordinance being an exercise of a
power specifically delegated to the City legislative body, is not subject to referendum, and shall
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take effect five (5) days after passage and publication of an approved summary thereof consisting
of the title.
APPROVED:
MANOR MIKE COOPER
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
I:IUU:0]T/ . X91 we) ARM"
OFFICE OF THE C11Y ATTORNEY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 07 -30 -2010
PASSED BY THE CITY COUNCIL: 08 -03 -2010
PUBLISHED: 08 -10 -2010
EFFECTIVE DATE: 08 -15 -2010
ORDINANCE NO. 3804
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SUMMARY OF ORDINANCE NO. 3804
of the City of Edmonds, Washington
On the 3rd day of August, 2010, the City Council of the City of Edmonds, passed
Ordinance No. 3804. 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
EDMONDS CITY CODE CHAPTER 3.65 EDMONDS TRANSPORTATION BENEFIT
DISTRICT, SECTIONS 3.65.030 FUNCTIONS OF DISTRICT, 3.65.040 TRANSPORTATION
IMPROVEMENTS FUNDED, AND 3.65.050 DISSOLUTION OF DISTRICT, AND FIXING
A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 4th day of August, 2010.
---.7 "�� "e. 6�". —
CITY CLERK, SANDRA S. CHASE
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AUG 1 2010
Account Name: City of Edmonds
and that said news aper was regularly distributed to its subscribers during all of said period.
� 1
Principal l i Clcrk
Subscribed and swom to before me this 10th
day of August, 2010
Notary Public in and f he tate ofWis
t?iptoii ,rsit�i
County. y' o ffrt
Account Number 101416 k a�
A• 4
19a` R 5
Snohomish
C 0001706458
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
} S.S.
c rn,y
y
The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of
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THE HERALD, a daily newspaper printed and published in the City of Everett, County of
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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
SUMMARY OF ORDINANCE NO. 3804
newspaper by order of the Superior Courtof Snohomish County and that the notice
of the City of Edmonds, Was ington
On the 3rd day of August, 2010, the City Council of the City of
Edmonds, passed Ordinance No. 3804. A summary of the content
of said ordinance, consisting of the title, provides as follows:
Summary of Ordinance NO. 3804
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING
M NDTRANSPORTATION BENEFIT DISTRICT SECTIONS
Edmonds City Code Chapter 3.65
3.6.030 FUNCTIONS F ISC6 RANSPORTA-
TION IMPROVEMENTS FUNDED—. ND 3.65.050 D SS L T N
F. DISTRICT, AND FIXING A TIME WHEN THE SAME HALL
BE OM EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 4th day of August, 2010.
Published: August 10, 2010. CITY CLERK, SANDRA S. CHASE
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:
August 10, 2010
AUG 1 2010
Account Name: City of Edmonds
and that said news aper was regularly distributed to its subscribers during all of said period.
� 1
Principal l i Clcrk
Subscribed and swom to before me this 10th
day of August, 2010
Notary Public in and f he tate ofWis
t?iptoii ,rsit�i
County. y' o ffrt
Account Number 101416 k a�
A• 4
19a` R 5
Snohomish
C 0001706458