Ordinance 4162ORDINANCE NO. 4162
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AUTHORIZING THE EXECUTION AND DELIVERY OF ADDENDUM NO. 2
TO INTERLOCAL AGREEMENT FOR DEVELOPMENT OF THE EDMONDS
CENTRE FOR THE ARTS; AUTHORIZING CERTAIN OTHER ACTIONS IN
CONNECTION THEREWITH; AND FIXING A TIME WHEN THE SAME
SHALL BE EFFECTIVE
THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS FOLLOWS:
Section 1. Findings and Determinations. The City Council makes the following
findings and determinations:
1.1 The City of Edmonds (the "City"), the Snohomish County Public Facilities District
(the "County PFD"), Snohomish County (the "County"), and the Edmonds Public Facilities
District (together with the City, the County PFD, and the County, the "Parties") entered into an
Interlocal Agreement dated November 4, 2002, recorded with the Auditor of the County under
recording number 200211060003 (the "Interlocal Agreement"), to provide for the development of
a Regional Center as defined in RCW 35.57.020 known as the "Edmonds Centre for the Arts" (the
"Regional Center").
1.2 In 2005, the Parties entered into the First Amendment To Interlocal Agreement For
Development of the Edmonds Centre For The Arts to extend the required operational date to
March 31, 2007.
1.3 The County PFD, under the authority of RCW 82.14.390, has imposed a sales and
use tax (the "Sales and Use Tax"), a portion of which the County PFD has allocated and agreed to
contribute through intergovernmental project payments to the payment of debt service on the bonds
issued to finance the Regional Center in accordance with and subject to the terms and conditions
of the Interlocal Agreement, including without limitation, in accordance with the schedule
contained in Exhibit `B-l" of the Interlocal Agreement, which payments extend to December 2026
(the "Tier 1 Allocation").
1.4 The County PFD entered into similar interlocal agreements to provide funding for
three other regional centers, which were recorded with the Auditor of the County under recording
numbers 20021160349, 200212260514, and 200312260486, pursuant to which the County PFD
allocated and committed contributions from the Sales and Use Tax for the payment of debt service
on the respective bonds issued to finance the development thereof (when added to the Tier 1
Allocation, the "Aggregate Tier 1 Allocations"), which Aggregate Tier 1 Allocations are in a fixed
amount allocated prior to the date of this ordinance.
1.5 On March 2, 2009, the Parties amended the Interlocal Agreement through
Addendum No. I to provide for additional allocation of the Sales and Use Tax that exceeded the
Aggregate Tier 1 Allocations and created Aggregate Tier 2 Allocations to the four regional centers.
1.6 Pursuant to Chapter 164, Laws of 2017, the Legislature extended the time period
for the Sales and Use Taxes imposed under RCW 82.14.390 from a maximum 25-year term to a
maximum 40-year term.
1.7 On July 19, 2018, the Board of Directors of the County PFD determined that the
Aggregate Tier 2 Allocations, as previously allocated, should be extended through the additional
funding years of 2026 through 2041, subject to applicable terms, and the Board of Directors
approved a revised allocation of the Sales and Use Tax revenue to reflect the 40-year full term of
the Sales and Use Taxes including the extended period authorized in the 2017 legislation, which
such Board action was incorporated into a Board Resolution on October 25, 2018.
1.8 The Parties desire to amend the Interlocal Agreement to provide for the extension
of the time period for the Tier 2 Allocations and specify the certain terms that the Board directed
as part of the extension of Tier 2 Allocations.
Section 2. Anl2roval of Addendum No. 2. The form of Addendum No. 2 to Interlocal
Agreement for Development of the Edmonds Centre for the Arts attached as Exhibit A and
incorporated by this reference ("Addendum No. 2") is approved, and the Mayor is authorized and
directed to execute and deliver Addendum No. 2 on the City's behalf.
Section 3. Authorization and Ratification. The Administrative Services Director, the
Mayor, and the other appropriate officers of the City are authorized and directed to take any actions
and to execute such documents as in their judgment may be necessary or desirable to carry out the
terms of, and complete the transactions contemplated in connection with, this ordinance and the
Interlocal Agreement, as amended by the First Amendment thereto, Addendum No 1 thereto, and
Addendum No. 2. All actions previously taken in furtherance of and not inconsistent with the
provisions of this ordinance are hereby ratified and confirmed in all respects.
Section 4. Effective Date. This ordinance shall take effect and be in full force from
and after its passage and five days following its publication as required by law.
PASSED by the City Council at a regular open public meeting thereof this 12TH day of
November, 2019.
ATTEST/AUTHENTICATED :
�Z
CLERIC, SCO" ' ASSEY
2
APPROVED AS TO FORM:
R-sft-, c k" &OW.,2_4
OFFICE OF 'Ti-i E CITY ATT RNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
November 8, 2019
November 12, 2019
November 15, 2019
November 20, 2019
4162
3
SUMMARY OF ORDINANCE NO. 4162
of the City of Edmonds, Washington
On the 121h day of November, 2019, the City Council of the City of Edmonds, passed Ordinance
No. 4162. A summary of the content of said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AUTHORIZING THE EXECUTION AND DELIVERY OF ADDENDUM NO.
2 TO INTERLOCAL AGREEMENT FOR DEVELOPMENT OF THE
EDMONDS CENTRE FOR THE ARTS; AUTHORIZING CERTAIN OTHER
ACTIONS IN CONNECTION THEREWITH; AND FIXING A TIME WHEN
THE SAME SHALL BE EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 12th day of November, 2019.
CI LERK, S OTT P SEY
EXHIBIT A
Form of Addendum No. 2
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 EDH881189 ORDINANCE NO.
4162 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
11/15/2019 and ending on 11/15/2019 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee for suc R. "
$28.96.
Subscribed and swaryr be me on this
�T� day of [
Linda Pmuipss
Notary Pu6Nc
Swe of Vfthingltln
1'APPfthrtertt Eyires ang 2m,
Notary Public in and for the State of
Washington.
City or Edmonds- LEGALADS 114101416
SCOTT PASSEY
Classified Proof
SUMMARY OF ORDINANCE NO.4162
of InE Clty of Edrlwn , Washington
On the %2Ih day of HMrembnf. 2f119, the Ciy COuftClt Of IM Cltry el
Ebmoncl% passed Ordinanco No- 4162 A 9Umosmy CI ttla on am
of said ordlnarim conslsanp of 11r8 title. proWtleS as loWlhvas
AN ORDINANCE OF THE CiTV pF IMMNOS,
WASHINGTON, AUTHORVJNG THE "EC01ON ANI)
DELIVERY OF ADDENDUM NO, 2 TO INTERLOCAL
AGREEMENT FOR DEVELOPMENTOF THE EDMONDS
CENTRE FOR THE ARTS: AUTHORIZING CERTAIN OTHER
ACTIONS IN CONNECTION THEREWITH; AND MING A
nME WHEN THE SAME SHALL BE EFFECTIVE
The full text of this Ordinance will be mailed upon request.
DATED this 12th day of November, 2019.
CrTY CLERK, SCOTT PASSEY
Published: November 18', 2019. EDHI 81189
Proofed by Hartell, Leanna, 11/15/2019 09:10:42 am Page: 2