Ordinance 4051ORDINANCE NO.4051
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, GRADUALLY REDUCING THE TAX ON
THE PUBLIC WATER UTILITY, AMENDING THE
PROVISIONS OF ECC 3.20.050.1-1 ACCORDINGLY, AND
FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, In Lane v. City of Seattle, 164 Wn.2d 875 (2008), the state Supreme Court
determined that public fire protection was a governmental service that could not be recovered
through water rates; and
WHEREAS, providing for fire hydrants is a general governmental function, for which the
City is responsible; and
WHEREAS, the tax on the public water utility may be used to pay for fire hydrants, as
well as other general government functions; and
WHEREAS, in 2009, the city council found that the water utility tax rate referenced
above needed to be increased to address the city's then inability under Lane to fund the provision
of fire hydrants through water rates;
WHEREAS, in 2013, the legislature provided additional options for funding fire hydrants
by providing new authority to use water rates for fire suppression purposes as set forth in chapter
70.315 RCW; and
WHEREAS, in 2016, the city council simultaneously considered a companion ordinance
that proposed to increase water rates for the purpose of funding fire hydrants and other fire
suppression water facilities and services; and
WHEREAS, the city council held a public hearing on these companion ordinances on
November 15, 2016; and
WHEREAS, with the associated increase in the water rates, the city council does netT-
believe that the city's general fund requires the revenue that would be generat A from
maintaining the tax rate at 18.7 percent; and
1
WHEREAS, the city council would like to gradually reduce the tax rate to its pre -Lane
level;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Subsection H of the Edmonds City Code 3.20.050, entitled "Occupations
subject to tax — Amounts," is hereby amended to read as follows (new text is shown in
underline; deleted text is shown in stfike threugb):
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 4&7 the percentage shown in the table below for the given year
on the gross income from the city's water utility; -
Water Utility
Tax Rate
Year
Tax Rate
(Cu rrent)2016
18.70%
2017
17.07%
2018
15.50%
2019
14.05%
2020
12.68%
2021
10%
Section 2. Effective Date. This ordinance is subject to referendum and shall take
effect thirty (30) days after final passage of this ordinance.
ATTESPAUTHENTICATED:
C CLERK, SCOT ASSEY
MA
2
VED:
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADAY
FILED WITH THE CITY CLERK: November 18, 2016
PASSED BY THE CITY COUNCIL: November 22, 2016
PUBLISHED: November 27, 2016
EFFECTIVE DATE: December 23, 2016
ORDINANCE NO. 4051
SUMMARY OF ORDINANCE NO.4051
of the City of Edmonds, Washington
On the 22"d day of November, 2016, the City Council of the City of Edmonds, passed
Ordinance No. 4051. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, GRADUALLY REDUCING THE TAX
ON THE PUBLIC WATER UTILITY, AMENDING THE
PROVISIONS OF ECC 3.20.050.H ACCORDINGLY,
AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 22°d day of November, 2016.
2
CItYtLERK, SCO ASSEY
11
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Dicy Sheppard 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 EDH733182 ORD. NOS.
4048-4053 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
11/27/2016 and ending on 11/27/2016 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee for such publication is
$96.32— _. e
Subscribed and sworn before me on this
day of _/0r)t j _
CIZ (Q -
— /_ 2�4
Notary Public in an for the State of
Washington.
City of Edmonds -LEGAL ADS 114101416
SCOTT PASSEY
RECEIVED
MMIO)N S E��i �' "'L ER
<� _ W1
AUBREY KNAPP
Notary Public
State of Washington
my Commission Expires
July 80, 2018
ORDINANCE SUMMARY
of Iha City of Edmontfs. WashirVA,
On the 22nd day of NcWentbor, 2016, the Clly Council of the Clfy of
Edmonds, passed the loffowing Ordinances. The summariosol ]he
CCnlanl of said ordinances consisling.of Iltles are provided as
follows:
AN ORDINANCE OF THE CITY OF EDMONDS. WASHINGTON,
ADDING THE IMPACT FEE PROVISIONS TO THE NEW
SECTION 3.36 OF THE ECC; PROVIDING FOR SEVERABILITY;
AND SETTING AN EFFECTIVE DATE.
AN ORDINANCE OF THE -CITY OF EDMONDS, WASHINGTON,
PROVIDING FOR THE ANNUAL TAX LEVY BY INCREASING
THE REGULAR PROPERTY TAX LEVY BY THE CURRENT
101 % LEVY LIMIT, THEREBY LEVYING AN ESTIMATED
REGULAR PROPERTY TAX LEVY OF $10.229,200 AND AN EMS
LEVY OF $3,934,720, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON.
PROVIDING FOR THE ANNUAL TAX LEVY BY INCREASING
THE EMS PROPERTY TAX LEVY BY THE CURRENT 101
LEVY LIMIT, THEREBY LEVYING AN ESTIMATED -EMS LEVY
OF $3,973.270, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
GRADUALLY REDUCING THE TAX ON THE PUBLIC WATER
UTILITY, AMENDING THE PROVISIONS OF ECC 3.20.050.H
ACCORDINGLY, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
AN ORDINANCE OF CITY OF EOMDNDS, WASHINGTON,
AMENDING THE PROVISIONS OF SECTION 7.30.030 WATER
RATES - METER INSTALLATION CHARGES, RELATING TO
UTILITY RATES OF WATER SUPPLIED THROUGH METERS,
THE PROVISIONS OF SECTION 7.30.040 UTILITY CHARGES -
SANITARY SEWER, RELATING TO UTILITY RATES OF
UNMETERED SANITARY SEWER SERVICES, AND THE
PROVISIONS OF SECTION 7.50.050 RATES AND CHARGES,
RELATING TO UTILITY RATES FOR STORM AND SURFACE
WATER MANAGEMENT SERVICES, IN ORDER TO INCREASE
SUCH RATES AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
ASSUMING THE RIGHTS, POWERS, FUNCTIONS AND
OBLIGATIONS OF THE EDMONDS TRANSPORTATION
BENEFIT DISTRICT; AMENDING CHAPTER 3.65 OF THE
EDMONDS MUNICIPAL CODE; AND PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
The full text of Ihese Ordinances will be malled upon request.
DATED this 23rd day of Novem1W. 2016.
CITY 6LERK, SCOTT PASSEY
�0blishetl: November 27, 2016. EDH73318�