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ORDINANCE NO. 6371
AN ORDINANCE OF THE 'CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
ORDINANCE NO. 6321 TO EXTEND THE
EFFECTIVE DATE.
WHEREAS, on June 16, 2008 #he Auburn_City Council passed Ordinance
No. 6183 which amended the City's Comprehensive Plan (map and text
amendments), zoning (map and text amendments) and included the adoption of
a sub-area plan related to the development ofi the Aubum Gateway Project by Robertson Properties Group (RPG) (the Project Pcoponents); and
WHEREAS, on December 1, 2008 the City Council passed Ordinance No.
6219 extending the effective date of Ordinance No. 6183 until August 31, 2009;
and
WHEREAS, on August 17,-2009 the City Council passed Ordinance No.
6259 extending the effective date of Ordinance No. 6219 until August 31, 2010;
and
- WHEREAS,- on August 16, 2010 the City Council passed Ordinance No:
6321 extending th'e effective date of Ordinance No. 6259 until August 31, 2011;
and,
WHEREAS, the Cify staff and the. Project Proponents have conducted
substantive negotiations for the Development Agreement required by the
Ordinance such that it 'is ready to be presented fo the City Council, have
substantively completed an Environmental Impact Statement addendum
necessitated by the Proponent's inclusion of additional properties within the
" Ordinance No. 6371
August 1, 2011
Page 1 of 4
project area and necessitated by changes in circumstances over the intervening
time and have begun the process of seeking approval of the Development
Agreement and its associated Planned Action Ordinance through the City
Council; and . WHEREAS, staff believes that a limited extension of the deadline for
entering into a Development Agreement contained in Ordinance No. 6321 is
necessary for the City and the Proponent to complete all agreements, tasks and
legislative approval processes required of both parties to the Development
Agreement and as such, recommends said extension occur through December
30, 2011;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
1NASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Section 1 of Ordinance No. 6321, amending Ordinance No.
6259, which amended Section 1 of Ordinance No. 6219, which amended Section
13 of Ordinance No. 6183 is amended to read as follows:
Section 13. Effective Date. This ordinance shall take effect and be
in force five days fcom and after its passage, approval, and publication as
provided by law; provided, that this ordinance shall not take effect unless
the City and RPG executed a development agreement for the Aubum
Gateway Project by August 3 1;December 30, 2011.
Section 2. Code nrovisions renumbered. The Code Reviser is
authorized and directed to renumber the provisions of Ordinance 6183 as
amended that are to be codifed. from "18.31 to "18.39:"
Ordinance No. 6371
August 1, 2011
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Section 3. Code Amended. Ordinance No. 6183 and City Code
Chapter 18.39 is amended by adding a new section to read as follows:
18.39.060 Sunset provision.
The provisions of this Chapter shall autoroatically sunset, with no further
action of the City Council required, fifteen (15) years after the execution date of
the Development Agreement if the Development Agreement beiween the City
and Auburn Properties (or its successors) is terminated before the expiration
date setforth in the Developrnent Agreement.
Section 4. Imalemeratation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 5. Constitutionalitv or Invaliditv. If any section, subsection
clause or phase of this Ordinance is for any reason held to be invalid or
unconstifutional such invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this Ordinance, as it is being hereby
expressly declared that this Ordinance and each section, subsection, sentence,
clause and phrase hereof would have been prepared, proposed, adopted and
approved and ratified irrespective of the facfi that any one or more section,
subsection, sentence, clause or phrase be declared invalid or unconstitutional.
Section 6. Recordation: Upon the passage, approval and publication, of
this Ordinance as provided by law, the City Clerk of the City of Aubum shall
cause this Ordinance to be recorded in the office of .the King County Records,
Elections and Licensing Services Division.
Ordinance No. 6371
August 1, 2011
Page 3 of 4
Section 7. Effective Date. This ordinance shall take effect and be
in force five (5) days from and after its passage, approyal and publication, as
provided by law.
INTRODUCED: aUG 1 5` 2011
PASSED: AUG 15! 2011
APPROVED: AUG 1 6'2011
CTYOFAUB
~
~
PE ER . IS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPR D A O FORM:
D ni . Heid,
City Attomey
Published:
Ordinance No. 6371 August 1, 2011
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