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Ordinance 4052ORDINANCE NO.4052 AN ORDINANCE OF THE CITY OF EDMONDS, 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. WHEREAS, the City of Edmonds operates three enterprise utility operations which incorporate potable water distribution, sanitary sewer conveyance and wastewater treatment, and storm and surface water management functions; and WHEREAS, the Engineering Division of the Public Works & Utilities Department recently commissioned a utility rate analysis of its three enterprise utility operations by FCS Group of Redmond, Washington; and WHEREAS, the City Council has received utility rate study reports of the consultants recommending increases in potable water, sanitary sewer, and storm and surface water management utility rates to address rising operating and maintenance costs including but not limited to wholesale cost increases for potable water acquisition and needed replacement of failing utility infrastructure; and WHEREAS, In Lane v. Cily 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 1 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 RC W; and WHEREAS, in 2016, the city council simultaneously considered a companion ordinance that proposed to decrease the tax rate on the water utility under the assumption that funding for fire hydrants would be included within the utility rates; and WHEREAS, the city council held a public hearing on these companion ordinances on November 15, 2016; and WHEREAS, the action of a city council in setting water utility rates, where the system is financed by revenue bonds, is not subject to referendum because the grant of power to set rates when revenue bonds have been used to create the utility is to the city council (State ex rel. Haas v. Pomeroy, 50 Wn.2d 23 (1957)); and WHEREAS, the City Council deems it to be in the public interest to increase rates finding that such increases are justified on a cost -to -service basis; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Subsections A and B of the Edmonds City Code 7.30.030, entitled "Water rates — Meter installation charges," is hereby amended to read as follows: A. Base Rate. The bimonthly rates of water supplied through meters shall be fixed at the following levels: 2 Current Single Family Residence (per unit) $ 28.68 Duplex Apt Houses, condos and other multi unit Residences (per unit) $ 25.26 1/1/2017 1/1/2018 1/1/2019 $ 31.26 $ 34.07 $ 37.14 $ 27.53 $ 30.01 $ 32.71 Current Meter 1/1/2017 1/1/2018 1/1/2019 All other customers $ 34.68 3/4" $ 37.80 $ 41.20 $ 44.91 $ 70.60 1" $ 76.95 $ 83.88 $ 91.43 $ 130.55 1.5" $ 142.30 $ 155.11 $ 169.07 $ 199.04 2" $ 216.95 $ 236.48 $ 257.76 $ 429.38 3" $ 468.02 $ 510.15 $ 556.06 $ 608.22 4" $ 662.96 $ 722.63 $ 787.66 $ 1,233.55 6" $ 1,344.57 $ 1,465.58 $ 1,597.48 B. Variable Rate. In addition to the base rate set forth above, the customer shall be charged the following rate per 100 cubic feet of water consumed: Variable Rate Current 1/1/2017 1/1/2018 1/1/2019 $ 2.99 $ 3.26 $ 3.55 $ 3.87 All water base rate and variable rate charges on water utility bills mailed on or after January 1st of each year shall be based on rates as reflected in this section corresponding with said time period. Section 2. Subsection A of the Edmonds City Code 7.30.040, entitled "Utility charges - Sanitary sewer," is hereby amended to read as follows: A. The following rates shall be charged on all billings after the effective date shown with respect to the following customers and/or service: Single Family Residence (bimonthly per unit) Duplex, apartment houses, condos, and other multi unit residences (bi-monthly per unit) Duplex, apartment houses, condos, and other multi unit residences (monthly) Current 1/1/2017 1/1/2018 1/1/2019 connected $ 66.49 $ 72.81 $ 79.72 $ 87.30 unconnected $ 10.74 $ 11.76 $ 12.88 $ 14.10 connected $ 53.42 $ 58.49 $ 64.05 $ 70.14 unconnected $ 10.74 $ 11.76 $ 12.88 $ 14.10 connected $ 26.71 $ 29.25 $ 32.03 $ 35.07 unconnected $ 5.37 $ 5.88 $ 6.44 $ 7.05 All other customers (monthly) Fixed Rate 3.78 $ 4.14 $ 4.53 $ 4.96 Volume Charge (per ccf)* 4.28 $ 4.69 $ 5.13 $ 5.62 *der 100 cubic feet (1 unit) of metered water consumption. Section 3. Subsection A of the Edmonds City Code 7.50.050, entitled "Stormwater rates and charges," is hereby amended to read as follows: A. The following rates shall be charged on all billings with respect to the following customers and/or service: Effective Date Category Current 1/1/2017 1/1/2018 1/1/2019 Single Family Residential and Multi Family Residential Bimonthly Billing Cycle $ 25.81 $ 28.39 $ 31.23 $ 34.35 Montly Billing Cycle $ 12.91 $ 14.20 $ 15.62 $ 17.18 All other resident customers per ESU (montly cycle) $ 12.91 $ 14.20 $ 15.62 $ 17.18 Cl 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 or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 5. 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. APPROVED: MA OR DAVE EARLING ATTEST/AUTHENTICATED: CITY CLERK, SQO ASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JtFF TARADAY FILED WITH THE CITY CLERK: November 18, 2016 PASSED BY THE CITY COUNCIL: November 22, 2016 PUBLISHED: November 27, 2016 EFFECTIVE DATE: December 2, 2016 ORDINANCE NO. 4052 SUMMARY OF ORDINANCE NO.4052 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. 4052. 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 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. The full text of this Ordinance will be mailed upon request. DATED this 23`d day of November, 2016. &ff-ftL1rRK, 9COTT4ASSEY 3 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_ Subscribed and sworn before me on this -V day ofalle-mbr Notary Public in an for the State of Washington. City of Edmonds -LEGAL ADS 114101416 SCOTT PASSEY RECEIVED DEC 0 5 2016 I EDMONNIDS CITY CLERK AUBREY KNAPP Notary Public State of Washington my commission Expires July 30, 2018 ORDINANCE SUMMARY of the Cly of Edmorfds. WaWnglon On tho 22nd day of November, 2016 the City Counell of the ClKol Edmonds, passe+x tha Wlnwing Ordinancas, the summarles ❑ the canlani of said ordinances consisling of Lulea ere 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-rKE CITY OF EDMONDS, WASHINGTON. PROVIDING FOR TIME 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. ORDINANCE NO. d051 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 ATIME WHEN THE SAME SHALL BECOME EFFECTIVE. AN ORDINANCE OF THE CITY OF EDMONDS, 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 these Ordiwim will be mailed upon request. DATED this 23rd day of November, 2016. CITY CLER K, SCOTT PASSEY �Oblished: November 27, 2016. EDH73318�