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Ordinance 4169ORDINANCE NO. 4169 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF ECC SECTION 7.30.030 WATER RATES - METER INSTALLATION CHARGES, RELATING TO UTILITY RATES OF WATER SUPPLIED THROUGH METERS, THE PROVISIONS OF ECC SECTION 7.30.040 UTILITY CHARGES - SANITARY SEWER, RELATING TO UTILITY RATES OF UNMETERED SANITARY SEWER SERVICES, AND THE PROVISIONS OF ECC 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, which analysis was performed 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. 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; and 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 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," are 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 Effective Date Current 1/1/2020 1/1/2021 1/1/2022 Single Family Residence (per unit) $ 37.14 $ 38.81 $ 40.56 $ 42.38 Duplex Apt Houses, condos and other multi unit Residences (per unit) $ 32.71 $ 34.18 $ 35.72 $ 37.33 Effective Date Current Meter 1/1/2020 1/1/2021 1/1/2022 All other customers $ 44.91 3/4" $ 46.93 $ 49.04 $ 51.25 $ 91.43 1" $ 95.54 $ 99.84 $ 104.34 $ 169.07 1.5" $ 176.68 $ 184.63 $ 192.94 $ 257.76 2" $ 269.36 $ 281.48 $ 294.15 $ 556.06 3" $ 581.08 $ 607.23 $ 634.56 $ 787.66 4" $ 823.10 $ 860.14 $ 898.85 $ 1,597.48 6" $ 1,669.37 $ 1,744.49 $ 1,822.99 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: Effective Date Variable Rate Current 1/1/2020 1/1/2021 1/1/2022 $ 3.87 $ 4.04 $ 4.23 $ 4.42 All water base rate and variable rate charges on water utility bills mailed on or after January 1 st 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: 3 Effective Date Current 1/1/2020 1/1/2021 1/1/2022 Single Family Residence (bimonthly per unit) Duplex, apartment houses, condos, and other multi unit residences (bi-monthly per unit) connected $ 87.30 $ 91.67 $ 96.25 $101.06 unconnected $ 14.10 $ 14.81 $ 15.55 $ 16.32 connected $ 70.14 $ 73.65 $ 77.33 $ 81.20 unconnected $ 14.10 $ 14.81 $ 15.55 $ 16.32 Duplex, apartment houses, condos, and other multi unit residences (monthly per unit) connected $ 35.07 $ 36.82 $ 38.66 $ 40.60 unconnected $ 7.05 $ 7.40 $ 7.77 $ 8.16 All other customers (monthly per unit) Fixed Rate 4.96 $ 5.21 $ 5.47 $ 5.74 Volume Charge (per ccf) * 5.62 $ 5.90 $ 6.20 $ 6.51 .:per 100 cubic leet (1 unit) of inetered 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: Category Current Single Family Residential and Multi Family Residential Bimonthly Billing Cycle $ 34.35 Montly Billing Cycle $ 17.18 All other customers per ESU (monthly cycle) $ 17.18 0 Effective Date 1/1/2020 1/1/2021 1/1/2022 $ 37.61 $ 41.19 $ 45.10 $ 18.81 $ 20.60 $ 22.56 $ 18.81 $ 20.60 $ 22.56 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. A11111MVED: & - ��- T MAYOR DAVE EAR ATTEST/AUTHENTICATED: CLERK, SCOT ASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY J FF TARADAY FILED WITH THE CITY CLERK: December 6, 2019 PASSED BY THE CITY COUNCIL: December 10, 2019 PUBLISHED: December 13, 2019 EFFECTIVE DATE: December 18, 2019 ORDINANCE NO. 4169 SUMMARY OF ORDINANCE NO.4169 of the City of Edmonds, Washington On the IOth day of December, 2019, the City Council of the City of Edmonds, passed Ordinance No. 4169. 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 ECC SECTION 7.30.030 WATER RATES - METER INSTALLATION CHARGES, RELATING TO UTILITY RATES OF WATER SUPPLIED THROUGH METERS, THE PROVISIONS OF ECC SECTION 7.30.040 UTILITY CHARGES - SANITARY SEWER, RELATING TO UTILITY RATES OF UNMETERED SANITARY SEWER SERVICES, AND THE PROVISIONS OF ECC 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 1 Ph day of December, 2019. LERK, SCOIPVASSEY 31 Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Leanna Hartell being first duly swom, 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 EDH884241 ORDINANCES 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 12/13/2019 and ending on 12/13/2019 and that said newspaper was regularly distributed to its subscribers during all of said period. The amour of the fee for such publication is $65.16. Linda Phillips Subscribed and sworn re me on this Notary Public j State of Washington day of °v# MY�Ppo"mcr"PXPires08/2912021 Notary Public in and for the State of Washington. City of Edmon& - LEGAL ADS 114101416 SCOTT PASSEY Classified Proof of the City of Edmonds. Washington On the LOTH day of December, 7019. the City Council of Ina City of Edmonds, passed the following Ordinances, the sunmarl" of said ordinances consisting of Was are provided as follows: OR NQ._41.08 AN ORDINANC H CITY OF EDMONDS. WASHINGTON RELATING TO THE BUDGET FOR FISCAL YEAR COMMENCING JANUARY 1, 2020 AND FIXING A TIME WHEN T14E SAME SHALL BECOME EFFECTIVE WASHINGTON, AMENDING THE PROVISIONS OF ECC SECTION 7.30.030 WATER RATES METER INSTALLATION CHARGES, RELATING TO UTILITY RATES OF WATER SUPPLIED THROUGH METERS. THE PROVISIONS OF ECC SECTION 7.30.040 UTILITY CHARGES - SANITARY SEWER. RELATING TO UTILITY RATES OF UNMETERED SANITARY SEWER SERVICES, AND THE PROVISIONS OF ECC 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, AMENDING CHAPTER 235 ECC (VACATION AND SICK LEAVE) TO REFERENCE THE SHARED LEAVE AND SICK LEAVE PROVISIONS OF THE CITY'S PERSONNEL POLICIES; PROVIDING FOR SEVERABILfTY; AND SETTING AN EFFECTIVE DATE The full text of these Ordinances will be moilad upon request. DATED this 1 ITH day of December. 2019. CITY CLERK, SCOTT PASSEY PUbkshed: December 13. 2019. EDH884241 Proofed by Hartell, Leanna, 12/13/2019 08:52:27 am Page: 2