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Ordinance 4041ORDINANCE NO.4041 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS CITY CODE 4.04.020 REGARDING CONCESSIONS AGREEMENTS TO ALLOW THE MAYOR TO GRANT CONCESSION AGREEMENTS RELATING TO CITY PARK PROPERTY; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, Edmonds City Code (ECC) 4.04.020 currently provides for council approval for concession agreements for all public property, except that the mayor shall have the discretion to approve certain seasonal concession agreements relating to city park property; and WHEREAS, the volume of concession agreements related to city park property necessitates more nimble action on the part of the City in granting concession agreements than the code currently allows; and WHEREAS, the City of Edmonds has determined that the Mayor shall have the ability to grant concession agreements related to city park property, subject to the requirements stated in the code, without the requirements of council approval or public hearing requirements; THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1, Section 4.04.020 of the ECC, entitled "Concession agreements on public property," is hereby amended to read as follows (new text is shown in underline; deleted text is shown in stFi e through): 4.04.020 Concession agreements on public property. A. "Public property" shall mean any property in fee by the city of Edmonds. B. Concession agreements may be granted at the sole discretion of the city council from time to time as it deems appropriate, with the exception that the mayor shall have the discretion to grant certain seasena4 concession agreements relating to city hark property_, subject to the limitations set forth in subsection (D) of this section. The revenue from the lease of public property shall 1 accrue to the general fund; provided, however, that concession agreements for lease of property owned, purchased or utilized by a utility or other special purpose fund shall accrue to that fund. C. Such agreements shall be approved by the city council in a form created and approved by the city attorney. The lessee shall provide proof of insurance in a minimum of $1,000,000 per occurrence and $5,000,000 in the aggregate, or as recommended by the Washington Cities Insurance Authority, and shall fully indemnify and hold harmless the city, its officers, agents, employees and volunteers. D. Concession agreements relating to ci�park property shall comply in all respects with the park plan adopted as a part of the city's comprehensive plan. A concession agreement shall be approved only if, at the determination of the parks and recreation director, it is in line with the goals and objectives of that plan, and is appropriate for the particular park(s) in which the concession is to be located. Seasenal eaneession Concession agreements relating to city park rp opegy, the annual high seasen (usually May thfaugh September), may be granted by the mayor without city council approval or public hearing requirements. Seasonal eeneession Concession agreements granted by the mayor may be located in regional or community parks only, as defined in the park plan, and are subject to annual review and approval by the mayor and the parks and recreation director prior to renewal. E. Concession agreements relating to city property other than city park property shall be approved only after a public hearing. Notice of the public hearing shall be posted at the site sought for lease by a concessionaire. Concession agreements for city park property are not subject to public hearing requirements. Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. 2 Section 3. Effective Date. This ordinance, being an administrative function of the city council, 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: "S;� /'7 CI LERK, SCOT P SEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY ]E F TARADAY FILED WITH THE CITY CLERK: September 16, 2016 PASSED BY THE CITY COUNCIL: September 20, 2016 PUBLISHED: September 25, 2016 EFFECTIVE DATE: September 30, 2016 ORDINANCE NO. 4041 3 SUMMARY OF ORDINANCE NO. 4041 of the City of Edmonds, Washington On the 20th day of September, 2016, the City Council of the City of Edmonds, passed Ordinance No. 4042. 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 4.04.020 REGARDING CONCESSIONS AGREEMENTS TO ALLOW THE MAYOR TO GRANT CONCESSION AGREEMENTS RELATING TO CITY PARK PROPERTY; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this 21 st day of September, 2016. CLERK, S ASSEY 4 Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Kathleen Landis being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH723696 ORDINANCE SUMMARY as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 09/25/2016 and ending on 09/25/2016 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for such publication is $53.32. Subscribed and sworn before me on this day of - �� Lz,. //X", Notary Public in and )r the State of Washington. City of Edmonds -LEGAL ADS 114101416 SCOTT PASSEY RECEIVED EDMONDS CITY CLERK AUBREY KNAPP Notary Public State of Washington My Cornfnissib6Expires July 30, 2018 ORDINANCE SUMMARY of the City of Ednwnds, Wsshinpten On the 20Ih day at September, 2016, I D City Council of the C Sy of Edmonds, pessad 1ho following Ordlnancee. The summarles 01 the content of said ordinances conalsting of titles are providod as follows: ORDINANCE Na 4040 AN ORDINANCE OF THE CITY OF EDMONDS. WASHINGTON. AMENDING THE PARKING TIME LIMIT PROVISIONS OF FCC SECTION 8.64.005; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. ORDINANCE N0: 4041 AN ORDINANCE OF THE CITY OF EDMONDS. WASHINGTON, AMENDING EDMONDS CITY CODE 4.04.020 REGARDING CONCESSIONS AGREEMENTS TO ALLOW THE MAYOR TO GRANT CONCESSION AGREEMENTS RELATING TO CITY PARK PROPERTY: PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. ORDINANCE NO.4042 AN ORDINANCE OF THE CITY OF EDMONDS, WASHIN.pTON, AMENDING ECC 5.36 JOIFFENSES AGAINST THE PUBLIC MORALS)TO CHANGE THE TITLE THERETO AND TO ADD SECTIONS PROHIBITING LEWO CONDUCT AND THE SOLICITATION OF LEWD CONDUCT: PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE The lull text of those Ordlnoncos will be mailed upon request. DATED thls 21 st day of September, 2016. CITY CLERK, SCOTT PASSEY Pu blishod: September 25, 2016- EDH72369