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Ordinance 4053ORDINANCE NO. 4053 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. WHEREAS, pursuant to Ordinance 3707, and codified in Chapter 3.65 of the Edmonds Municipal Code, the City of Edmonds City Council established a transportation benefit district to be known as the Edmonds Transportation Benefit District, with geographical boundaries comprised of the corporate limits of the City of Edmonds at the time the ordinance was adopted or as they may exist after future annexations; and WHEREAS, the 2015 Legislature adopted Second Engrossed Substitute Senate Bill (2ESSB) 5987, the majority of which became effective on July 15, 2015; and WHEREAS, Section 301 of 2ESSB 5987 authorizes any city in which a transportation benefit district has been established pursuant to Chapter 36.73 RCW within boundaries coterminous with the boundaries of the city, to assume the rights, powers, functions, and obligations of the TBD, by way of adoption of an ordinance or resolution of the city legislative authority; and WHEREAS, Section 302 of 2ESSB 5987 provides that the assumption of the rights, powers, functions, and obligations of a transportation benefit district may be initiated by the adoption of an ordinance or resolution by the city legislative authority indicating its intention to conduct a hearing concerning the assumption of such rights, powers, functions, and obligations, setting a time and place at which the city legislative authority will consider the proposed assumption of the rights, powers, functions and obligations of the transportation benefit district, and stating that all persons interested may appear and be heard; and WHEREAS, on September 20, 2016, the Edmonds City Council adopted Resolution No. R-1370, declaring the City Council's intention to consider the assumption of the rights, powers, functions and obligations of the Edmonds Transportation Benefit District, and set public hearing for October 4, 2016; and WHEREAS, on October 4, 2016, the City Council held a public hearing at which all interested parties were invited to appear and be heard; and WHEREAS, following the conclusion of the public hearing, the City Council determined that the public interest and welfare would be satisfied by the City's assumption 1 of the rights, powers, functions and obligations of the Edmonds Transportation Benefit District; and WHEREAS, Section 303(2) of 2ESSB 5987 provides that upon assumption of the rights, powers, immunities, functions, and obligations of the transportation benefit district by the city, the governing body established pursuant to RCW 36.73.020 must be abolished and the city legislative authority is vested with all rights, powers, immunities, functions and obligations otherwise vested by law in the governing board of the transportation benefit district; and NOW, THEREFORE, BE IT HEREBY ORDAINED by the City Council of the City of Edmonds, Washington, as follows: Section 1. Amendment. Chapter 3.65 Edmonds Municipal Code entitled "Transportation Benefit District" is hereby amended as follows (new text in underline, deleted text in s#ke4weugh): ASSUMPTION OF EDMONDS TRANSPORTATION BENEFIT DISTRICT Sections: 3.65.010 Assumption of Edmonds transportation benefit district 3.65.020 Governing body beard 3.65.030 Functions of the city dis#iet: 3.65.040 Transportation improvements funded. J�»vDissolution of -n-iaci--i et 3.65.010 Assumption of Edmonds transportation benefit district. From and after the effective date of this Ordinance the City of Edmonds assumes all of the rights, powers, immunities, functions and obligations of the Edmonds Trans ortation Benefit District previously established in this cha ter. The CijY of Edmonds is hereby vested with each and every right. power, immunity, function and obligation granted to or possessed by the Edmonds Transportation Benefit District under Chapter 36.73 RCW, this chapter, _and/or any other applicable law as of the effective date of this Ordinance. The governing body of the Edmonds Transportation Benefit District is abolished and the rights, powers, functions and obligations previously exercised and/or performed by the governing body of the Edmonds Transportation Benefit District are vested in the City of Edmonds City Council - RUN 2 3.65.020 Governing body boft-rd A. The goveming be ,.d of the t„ spe..,.aie h -t uinntriiet shall be Edmonds City Council shall have the be vested with the authority to exercise the -all statutory powers set forth in Chapter 36.73 RCW and this Chapter. BAD -.-The beard Edmonds City Council shall develop implement a material change policy to address major plan changes that affect project delivery or the ability to finance the plan, pursuant to the requirements set forth in RCW 36.73.160(1). At a minimum, if a transportation improvement exceeds its original cost by more than 20 percent, as identified in the district's original plan, a public hearing shall be held to solicit public comment regarding how the cost change should be resolved. C.-R. The Board Edmonds City Council shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2). 3.65.030 Functions of the district City. A. The City, by a majority vote of the City Council,_ ` be d`str4et beaFd may authorize a motor vehicle license fee of up to $20.00 p ehiele a PFOvided for b Chapter- 3�33 RGW, ether- taxes, fees, ehafges and tells or- inefeases in these revenue seumes may be assessed for the per -pesos provided foF in the subserations of this seetion.-as follows: boafd iiia . -ands authorized a vehicle fee of up to $20.00 per vehicle as provided for by RCW 82.80.140;fib-F ,.pose of the s L.ZS. 2. a vehicle fee of un to $40.00 as provided in RCW 82.80.140 if a vehicle fee of $20.00 has been imposed for at least 24 months; or " .,,,tomzed* taxes, fees, ehwges and tells or inereoes in these reventie setifees may has been authorized by er-dirnance amendment in eempliance with the voters pursuant te the Fequir-ements ef Chapter- ak.-:U RCW, additiena4 3. a vehicle fee of Lip to $50.00 as provided in RCW 82.80.140 if a vehicle fee of $40.00 has been imposed for at least 24 months and the city has met all of the requirements of RCW 36.73.065k6). B. When authorized by the voters pursuant to the requirements of Chanter 36.73 RCW, additional taxes, fees, charges and tolls or increases in those revenue sources may be assessed by the cis for the construction, reconstruction, updating or improvement of public trans ortation facilities shown on the Edmonds comprehensive plan and transportation improvement 121an. These additional transportation j2rojects 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 12ut to the voters. C. Additional transportation improvements may be added to the functions of the City upon compliance with Chapter 36.73 RCW. Q D. The beard City shall have and may exercise all powers and functions provided for by Chapter 36.73 RCW in order to fulfill the Ametions purposes of Chapter 36.73 RCW and this Chapter. -the disiri . [Ord. 3804 § 1, 2010; Ord. 3707 § 2, 2008]. 3.65.040 Transportation improvements funded. Two separate sets ef funetiens have been established by ordinance for the The funds generated by a -vehicle fees authorized by the bed City Council 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 by the exercise of powers granted in Section 3.65.030 and/or Chu ter 36.73 RC ' 4em eithef r-evenae soufee—may be utilized for any lawful purpose under Chapter 36.73 RCW, but all funds raised shall be expended only for the purposes specified, i.e.: A. For the preservation, maintenance and operation of the existing city street 4 transportation improvement infrastructure; or B. 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 cost effectiveness of the city's infrastructure improvements and to encourage the optimum use of the transportation system. Additional transportation improvement projects 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. [Ord. 3804 § 2, 2010; Ord. 3707 § 2, 2008]. ! ! !WON ~-Merlor 7=1 ! L • W:y ■ Mm­ W. HIM • ! ! ■ •! ! ! L IN ! !!• Section 2. No Existing Right Impaired. Pursuant to 2ESSB 5987 Section 304, this assumption does not impair or alter any existing rights aquired by the Edmonds TBD under Chapter 36.73 RCW, this chapter or any other provision of law relating to transportation benefit districts. Nor does this assumption impair or alter any actions, activities, or proceedings validated thereunder; any civil or criminal proceedings instituted thereunder; any rule, regulation, or order promulgated thereunder; any administrative 5 action taken thereunder; or the validity of any act performed by the Edmonds TBD or division thereof or any officer thereof prior to the assumption of such rights, powers, functions and obligations by the City as authorized under the law. Section 3. Rules Regulations, Pending Business and Contracts. Pursuant to 2ESSB 5987 Section 305(1), all rules and regulations pending business before the board of the Edmonds TBD shall be continued and acted upon by the City Council. In addition, pursuant to Section 305(2), all existing contracts and obligations of the Edmonds TBD shall remain in full force and effect and must be performed by the City. The assumption does not affect the validity of any official act performed by any official or employee prior to the assumption authorized under the law. Section 4. Records of the Edmonds Transportation Benefit District. Pursuant to 2ESSB 5987 Section 306(1), all reports, documents, surveys, books, records, files, papers, or other writings relating to the administration of the powers, duties, and functions available to the Edmonds TBD must be made available to the City. Section 5. Funds Credits Appropriations, Federal Grants or Other Assets. Pursuant to 2ESSB 5987 Section 306(2), all funds, credits, or other assets held in connection with assumed powers, duties, and functions must be assigned to the City. Pursuant to Section 306(3), any appropriations or federal grant made to the Edmonds TBD for the purpose of carrying out the rights, powers, functions, and obligations authorized to be assumed by the City must, on the effective date of the assumption, be credited to the City for the purpose of carrying out such assumed rights, powers, functions, and obligations. Section 6. Assumption of Indebtedness. Pursuant to 2ESSB 5987 Section 307, the City assumes and agrees to provide for the payment of all of the indebtedness of the Edmonds TBD, including the payment and retirement of outstanding general obligation and revenue bonds issued by the Edmonds TBD. Section 7. Severability. If any portion or section of this ordinance is found to be invalid or unenforceable for any reason, such finding shall not affect the validity or enforceability of any other portion or section of this ordinance. Section 8. Effective Date. The Ordinance shall be effective five (5) days following passage and publication as provided by law. T Section 9. Publication. A summary of this Ordinance consisting of the title shall be published in the official newspaper. ADOPTED BY THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON ON THIS 22°d DAY OF NOVEMBER, 2016. ATTEST: S PASSEY, CLERK APPROVED AS TO FORM: J FF TARADAY, CI' ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. VED: a . - - "P - L DAVE EARL G, MAYOR November 18, 2016 November 22, 2016 November 27, 2016 December 2, 2016 4053 7 SUMMARY OF ORDINANCE NO.4053 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. 4053. A summary of the content of said ordinance, consisting of the title, provides as follows: 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 this Ordinance will be mailed upon request. DATED this 23`d day of November, 2016. CI LERK, SCOTT SEY E: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 $96.3 Subscribed and sworn before me on this day of _L Vie- Nb o , AUBREY KNAPP Notary Public State of Washington my Commission Expires July 30, 2018 Notary Public in an for the State of Washington. City of Edmonds - LEGAL ADS 114101416 SCOTT PASSEY DEC 0 5 2015 ORDINANCE SUMMARY N the V4 N Edmonds, Wash Ion On The 22nd doy of November, 2016. tht City ouncll of the Oily of Edmonds, passed the following Ordinances, the Summaries of the content of said crdinences conelstinq of lillas 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. OR171NANCE N0.4049 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. ORDINANGEROAM 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 $3,973,270, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. ORDINANnE1NQ, 4961 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON. GRADUALLY REDUCING THE TAX ON THE PUBLIC WATER UTILITY, AMENDING THE PROVISIONS OF ECC 3.20.050.H ACCORDINGLY, AND FIXING ATIME WHEN THE SAME SHALL BECOME EFFECTIVE. ORDINANGE NO.4052 AN ORDINANCE OFHE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF SECTION 7.30.030 WATER RATES - METER INSTALLATION CHARGES, RELATING TO UTILITY RATES OF WATER SUPPLIED THROUGH METERS, THE PROVISIONS OF SECTION 7.30.040 UTILITY CHARGES - SANITARY SEWER, RELATING TO UTILITY RATES OF UNMETERED SANITARY SEWER SERVICES, AND THE PROVISIONS OF SECTION 7.50.050 RATES AND CHARGES, RELATING TO UTILITY RATES FOR STORM AND SURFACE WATER MANAGEMENT SERVICES, IN ORDER TO INCREASE SUCH RATES AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. D RI N ANCE NO-405S AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ASSUMING THE RIGHTS, POWERS, FUNCTIONS AND OBLIGATIONS OF THE EDMONDS TRANSPORTATION BENEFIT DISTRICT; AMENDING CHAPTER 3.65 OF THE EDMONDS MUNICIPAL CODE; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. The full text of these Or1$nancea will be mailed upon fequest. DATED this 23rd day of November, 2016. CITY CLERK, SCOiT PASSEY �Oblished: November 27, 2016. EDH733182 i 1 `e� -Ij—