Ordinance 4081ORDINANCE NO.4081
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING PORTIONS OF CHAPTER 3.75
OF THE EDMONDS CITY CODE, BUSINESS IMPROVEMENT
DISTRICT.
WHEREAS, Chapter 35.87A of the Revised Code of Washington (RCW) provides for the
establishment of business improvement districts in local municipalities "(t)o aid general economic
development and neighborhood revitalization, and to facilitate the cooperation of merchants,
businesses, and residential property owners which assists trade, economic viability, and
liveability"; and
WHEREAS, pursuant to Ordinance 3909, adopted on January 15, 2013, the Edmonds City
Council added a new Chapter to the Edmonds City Code entitled Chapter 3.75, Business
Improvement District, thus establishing the Edmonds Downtown Business Improvement District,
aka "Edmonds Downtown Alliance"; and
WHEREAS, over the passage of four years the Edmonds Downtown Alliance Members
Advisory Board and City staff have identified the need for various, nonsubstantive changes to
Chapter 3.75 to reflect current practice and conditions; and
WHEREAS, on July 13, 2017 the Edmonds Downtown Alliance Members Board approved
the amendments to Edmonds City Code Chapter 3.75, proposed herein; and
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
Section 1. Sections 3.75.010, 3.75.030, 3.75.040, 3.75.070, 3.75.075, 3.75.100, 3.75.120,
3.75.130, of the Edmonds City Code are hereby amended to read as follows (new text is shown
in underline; deleted text is shown in str4' edffoug ):
3.75.010 Area established - Modification of boundaries.
A. As authorized by Chapter 35.87A RCW, there is hereby established an Edmonds downtown business
improvement district ("EDBID") within the following boundaries as shown on the map attached to the ordinance
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codified in this chapter as "Attachment A" (when a street or alley is named, the area boundary is the centerline
of the right-of-way including vacated portions unless otherwise specified in the description). The EDBID
includes the parcels with the tax ID numbers set forth in Attachment B to the ordinance codified in this chapter,
which is incorporated herein as if set forth in full (for additional detail, please see the attached map). In case of
a conflict between the list of parcels (Attachment B) and the map (Attachment A), the map shall control. [Ord.
3909 § 1, 2013].
B. Modification or expansion of the boundaries delineating the area that contains the EDBID shall be
permissible in accordance with the criteria and requirements set forth in RCW 35.87A.075.
3.75.030 Programs.
.....................................................
Assessment revenues may be used for any combination of the following component programs, but not for any
other purpose:
A. Marketing and Hospitality.
1. Maps/brochures/kiosks/directories.
2. Web site.
3. Social media.
4. Marketing/advertising campaigns.
5. Holiday decorations.
6. Street performers/artists.
7. Historic education/heritage advocacy.
8. Special public events.
B. Safety and Cleanliness.
1. Maintenance.
2. Security.
3. Pedestrian environment enhancements.
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C. Appearance and Environment.
1. Design enhancements.
2. Neighborhood advocacy and communication.
3. Streetscapes/lighting/furniture.
D. Transportation.
1. Transportation alternatives.
2. Directional signage.
3. Parking management and mitigation.
E. Business Recruitment and Retention.
1. Education/seminars.
2. Market research.
3. Business recruitment.
F. GR dministration.
1. Contract staff and professional services.
2. Administration costs. [Ord. 3909 § 1, 2013].
3.75.040 Assessment methodology.
The special assessment amount shall be based on the type of business multiplied by the square footage of a
business. There shall be two business classifications for the purposes of calculating the assessment: "open
door" businesses (e.g., restaurants, retailers, banks, etc.); and "by appointment and/or office -based"
businesses (e.g., hair salons, doctors, lawyers, nail salons, insurance providers, counselors, financial advisors,
professional services firms, assembly or production of goods, corporate offices, etc.). Open: -door
establishments are assessed at a higher rate than by--appointment/office-based businesses due to the
relatively higher benefit that open --door businesses are expected to receive from the programs. Table 1 shows
the annual assessment for both classifications of businesses based on their square footage within the EDBID.
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Table 1
Assessment for "By
Square Assessment for
Appointment/Office-
Footage "Open Door"
Based"
0 — 499 $90 quarter $30 quarter ($10 per
($30 per month) month)
500 — $105 quarter $45 quarter ($15 per
999 ($35 per month) month)
1,000 — $120 quarter $60 quarter ($20 per
1,999 ($40 per month) month)
2,000 — $135 quarter $75 quarter ($25 per
4,999 ($45 per month) month)
5,000 $150 quarter $90 quarter ($30 per
and over ($50 per month) month)
The initial Aassessment calculations shall be based on the city of Edmonds' business license records for year
2012.-Governmental entities, public utilities, nonprofits operating under Internal Revenue Code Section
501(c)(3) shall not be assessed. [Ord. 3909 § 1, 2013].
3.75.070 Collection schedule.
A. 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. [Ord. 3929 § 1 (Att. A), 2013; Ord. 3909 § 1,
2013].
B. Assessments for members located within expanded boundaries of the EDBID shall be collected- the first full
quarter after inclusion in the EDBID.
3.75.075 Exemption for new businesses.
................................................................................
New bBusinesses established of+or the effor+i„e date f April 22 and located within the Edmonds downtown
business improvement district shall be exempt from special assessments imposed pursuant to this chapter for
a period of one year from the date a business license is issued by the city of Edmonds. [Ord. 3965 § 1, 2014].
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3.75.100 Disputes.
................................................
Any member seeking to challenge the amount of an assessment or delinquency charge may submit additional
information concerning the assessment 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 10 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 charge is incorrect. [Ord. 3929 § 1
(Att. A), 2013; Ord. 3909 § 1, 2013].
3.75.120 Members advisory board.
..........................................................................................
The EDBID shall be governed by a mayor shall appoint, subje .++„ Gonf,rmati n by the Gity GGunGil, an inter;W
members advisory board comprised of and odd number of at least seven andbut no more than 44eleven
members from the EDBID membership within 60 days of the offer.+;„o date of the erdinaRGe Gedified ;n this
. The interim
board shall be composed of both open --door and by_ appointment/office-based EDBID members, respectively,
in rough proportion to the dollar value of assessments to be levied on each classification of businesses. In
addition, the finance director and the community services/economic development director shall be nonvoting,
ex officio members of the +nter+rn board.
The ;members advisory board shall be responsible for proposing any amendments to EDBID bylaws for
city council approval and policy guidelines to the city council that will address, among other matters, the
composition and method of appointing or electing fi it, ire board members. The initial momhor advisor beard-
hrnffit their proposed bylaws te the Gity GeWRGi1 within 90 days ef the Gity GeURGOPS Gonfirmatien ef the
Fnay,r'S initial appe;ntmen The interim members advisory board shall also provide advice and consultation to
the finance director, and to any individual or agency, that may be hired to manage the day-to-day operations of
the business improvement district program, on all matters related to the operation of the program.
Each year no later than October 31 st The -the interim members advisory board shall submit to the city council a
proposed annual work program and budget fer 2012 + the Gity GE)URGil within 90 days of the Gity GG ,n
GonfirmatieR ef the mayor's initial appeffintmeRtS and shall reGGrnrnend a work program and for the
following a s, "moo , e.,f years ne later than n,.+nher , s+ of +heyoar before, unless otherwise approved by the
city council. The board shall address and discuss member concerns and questions regarding the EDBID and
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program; review all reports submitted to the finance department by the members advisory board or program
administrator, if hired; and sponsor the initial annual members meeting. [Ord. 3941 § 1 (Att. A), 2013; Ord.
3914 § 1 (Att. A), 2013; Ord. 3909 § 1, 2013].
3.75.130 Business improvement district fund oversight and programmatic
support.
.......................
The finance director shall administer the BID fund for the city with authority to:
A. Consider adjusting the assessment amount based on an erroneous classification or square footage;
B. Collect the assessments; refund assessments when overpaid or otherwise improperly collected; extend the
deadline for payment; and waive delinquency charges and interest whenever the delinquency results from
extenuating circumstances beyond the member's control, such as a casualty loss causing premature closure of
the business, bankruptcy, or the total principal payment due to the city (exclusive of penalty and interest) is
$10.00 or less;
C. Calculate and collect the interest for late payments; and
D. Accept and deposit advance payment of assessments by members; accept donations from governmental
agencies, the public, and owners and operators of businesses. [Ord. 3909 § 1, 2013].
E. The community services/economic development director shall provide general support and advice on
matters related to programs, projects, activities and administration of the EDBID.
Section 2. Section 3.75.140 of the Edmonds City Code is hereby repealed.
ection 3. 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.
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Section 4. 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.
APPR
MAYOR SAVE EARLING
ATTEST/AUTHENTICATED:
;5�4—
CII'VtLE—RK, SC ASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
3E F TARADAY
FILED WITH THE CITY CLERK: August 11, 2017
PASSED BY THE CITY COUNCIL: August 15, 2017
PUBLISHED: August 20, 2017
EFFECTIVE DATE: August 25, 2017
ORDINANCE NO.: 4081
h
SUMMARY OF ORDINANCE NO.4081
of the City of Edmonds, Washington
On the 151h day of August, 2017, the City Council of the City of Edmonds, passed
Ordinance No. 4081. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING PORTIONS OF CHAPTER
3.75 OF THE EDMONDS CITY CODE, BUSINESS
IMPROVEMENT DISTRICT.
The full text of this Ordinance will be mailed upon request.
DATED this 16th day of August, 2017.
CLERK, COT A S S E Y
8
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 EDH773342 ORD 4077-4081
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 08/20/2017 and
ending on 08/20/2017 and that said newspaper
was regularly distributed to its subscribers
during all of said period.
The amount of the fee for such publication is
$68.8Q.� j1
1
Subscribed and sworn befo me on this
day of ,
o7D
s
N ary Public in and for the State of
Washington.
City of Edmonds - LEGAL ADS 114101416
SCOTT PASSEY
ORDINANCE SUMMARY
of the City e1 Edmunds, Washinglon
On the, 151h day of August. 2017, the City Council al the City of
Edmonds, passed the following Ordinances, the Surnmarlea of the
content of Said ordinances concisling of lilies ate provided as
lo8ows-
ORDINANCE NO.4077
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING THE HIGHWAY 99 SUBAREA
PLAN AS AN ELEMENT OF THE CITY'S COMPREHENSIVE
PLAN
ORDINANCE NO.4078
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING AMENDMENTS TO THE
EDMONDS COMMUNITY DEVELOPMENT CODE,
AMENDING CHAPTER 16.60 ENTITLED "CG - GENERAL
COMMERCIAL ZONE," AND ECDC 20.60,045 ENTITLED
'FREESTANDING SIGNS - REGULATIONS,"REZONING
CERTAIN PROPERTY TO CG - GENERAL COMMERCIAL
ZONE, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE
ORDINANCE NO.4079
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDMONDS, WASHINGTON, ESTABLISHING A PLANNED
ACTION FOR THE HIGHWAY 99 SUBAREA, PURSUANT TO
THE STATE EWRONMPJNTAL POLICY ACT
ORDINANCE NO.4080
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING PORTIONS OF CHAPTER 3.38
OF THE EDMONDS CITY CODE, MULTI -FAMILY TAX
EXEMPTION PROGRAM
ORDINANCE NO.4081
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING PORTIONS OF CHAPTER 3.75
OF THE EDMONDS CITY CODE, BUSINESS
IMPROVEMENT DISTRICT
The lull text at (hose OttSnances will be mailed upon requssl,
WED This 16th day of August, 2017,
CITY CLERK, SCOTT PASSEY
PutrlrehW! Augua120. 2017. EDH773342
Lj