Ordinance 3929ORDINANCE NO.3929
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING EDMONDS CITY CODE,
SECTIONS 3.75.060, 3.75.070, 3.75.080, 3.75.090 and
3.75.100 RELATING TO THE EDMONDS DOWNTOWN
BUSINESS IMPROVEMENT DISTRICT AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the Edmonds Downtown Business Improvement
District (BID) was established by Ordinance No. 3909 resulting in the establishment of
Edmonds City Code Section 3.75; and
WHEREAS, Edmonds City Code Sections 3.75.060, 3.75.070, 3.75.080, 3.75.090
and 3.75.100 relate to the deposit and collection of revenue, delinquent payments and notification
of such; and,
WHEREAS, the City's Interim Finance Director has requested a change in
terminology used to more accurately reflect what is to take place related to unpaid
assessments, delinquent charges and payments and the City Council now deems it
appropriate to modify the terminology; and
WHEREAS, on June 25, 2 0 13, the City Council directed that an ordinance be
prepared to make further revisions to sections 3.75.060, 3.75.070, 3.75.080, 3.75.090 and
3.75.100 ECC, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Sections 3.75.060, 3.75.070, 3.75.080, 3.75.090 and 3.75.100 of the
Edmonds City Code is hereby amended to read as set forth in Attachment A hereto, which is
incorporated herein by this reference as if set forth in full (new text shown in underline; deleted
text shown in strike through):
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Section 2. Effective Date. This ordinance, being an exercise of a power
specifically 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:
Jeffrey B. Taraday, City Attorney
Appr ed:
r
M YOR DAVID O. EARLING
FILED WITH THE CITY CLERK: 06-21-2013
PASSED BY THE CITY COUNCIL: 06-25-2013
PUBLISHED: 06-30-2013
EFFECTIVE DATE: 07-05-2013
ORDINANCE NO. 3929
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SUMMARY OF ORDINANCE NO. 3929
of the City of Edmonds, Washington
On the 251h day of June, 2013, the City Council of the City of Edmonds passed
Ordinance No. 3929 . A summary of the content of said ordinance, consisting of the
title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING EDMONDS CITY CODE, SECTIONS 3.75.060,
3.75.070, 3.75.080, 3.75.090 AND 3.75.100 RELATING TO THE
EDMONDS DOWNTOWN BUSINESS IMPROVEMENT
DISTRICT AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 261h day of June, 2013.
CITY CLERK SANDRA S. CHASE
4852-3031-9887, v I
Attachment A
ECC 3.75.060. Deposit of Revenues. The City of Edmonds will create a
Business Improvement District Fund within the City of Edmonds budget; a separate subaccount
designated as the Edmonds Downtown Business Improvement District Account (called "the
Account"). The following monies shall be deposited in the Account:
(a) All revenues from assessments levied under this ordinance;
(b) Gifts, grants and donations;
(c) Interest and all other income from the investment of Account deposits;
(d) Reimbursements due to the Account;
(e) 1jite es . /o en k 4es4iemDeliiiquency charges from delinquent accounts;
and
(f) Transfers from other city funds, PROVIDED THAT liabilities of the EDBID
shall not be an obligation of the general fund or any other special fund of the
city.
ECC 3.75.070. Collection Schedule. Assessments shall be paid and collected on
a quarterly basis, PROVIDED THAT Members may opt to pay the full yearly assessment at the
time of the billing for the first quarter.
ECC 3.75.080. Delinquent Payments. If the assessment is not paid within sixty
(60) days after its due date, a delinquency charge shall be added atand calculated at ant -he interest
rate of twelve percent (12%) per annum of the due amount. The Finance Director is authorized to
use a City of Edmonds approved collection agency to collect any unpaid assessments. Use of a
collection agency will result in a business paying the agency's fee on top of the amount of the
BID assessment plus delinquency char ,es:r+a..est and penal ;�
ECC 3.75.090. Notices. Notices of assessment, installment payments, or
delinquency, and all other notices contemplated by this ordinance shall be sent to the EDBID
Member by ordinary mail to the mailing address shown on the Business License as maintained
by the City Clerk. Failure of the Member to receive any mailed notice shall not release the
Member from the duty to pay the assessment and any interest and delinquency charges on the
due date.
ECC 3.75.100. Disputes. Any Member seeking to challenge the amount of an
assessment or delinquency charge may submit additional information concerning the
classification and/or square footage of the business to the Finance Director or designee, who
may adjust the assessment based on Table 1 if he determines that the original classification
and/or square footage was erroneous. The Finance Director shall provide a written
determination to the Member, which may be appealed to the City's Hearing Examiner within
ten days of the Finance Director's determination by paying an appeal fee in the amount of
$250.00 and filing a notice of appeal with the city clerk that sets forth the alleged error in the
Finance Director's determination. The Member has the burden of proof before the Hearing
Examiner to show that the assessment or delinquency chargefee is incorrect.
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
2Wh day of Jtuta, 2013, tfae Ctty C.Wr1cU of the Crrryty of
n Ordll:j lr a No. 3128 . A summary a! t1b ecmtent
n:: renakdino of the tittle. DNWid65 ns lotlows: i
6USINESS IMPROVEMENT D)STRICT AND FMING A TIME
WHEN THE SAME SHALL BECCAhE EFFECTIVE,
Thu IMI t&td of thou Ordinance will be mailed upon request
DATED this 281n day of June, 2013.
CITY CLERK SANDRA S. CHASE
Published: June 30, 2013.
Affidavit of Publication
S.S.
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. 3929
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 30, 2013
and that sn c spaptr was regularly distributed to'r. subscribers during all of said period.
rinrin'��I:
Subscribed and sworn to before me this
day of July, 2013
Notary Public in and for the State of Washir
County
Account Name: City of Edmonds Account Number: 101416
1st
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