HomeMy WebLinkAbout05-01-2006 ITEM VIII-A-2C[TY')I -*
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NWASHaINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject:
Date:
Ordinance No. 6013
Aril 14, 2006
Department:
Attachments:
Budget Impact:
Public Works
Ordinance No. 6013
$ 0
Administrative Recommendation:
City Council introduce and approve Ordinance No. 6013.
Background Summary:
Ordinance No. 6013 modifies ACC 12.04.050, paragraph E, relating to the authorization for the
acceptance and release of easements and right-of-way for the development of public facilities in private
development projects. These modifications provide clearer direction concerning the process for the
release of easements for non -right-of-way uses.
W0501-1
A3.13.2
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑ Building ❑ M&O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv.
❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD
❑ Fire ❑ Planning
❑ Park Board ®Public Works
® Legal ❑ Police
❑ Planning Comm. ❑ Other
® Public Works ❑ Human Resources
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until _/_/
Tabled Until / /
Councilmember: Wagner Staff: Dowd
Meeting Date: May 1, 2006 Item Number: VIII.A.2
AUBURN* MORE THAN YOU IMAGINED
ORDINANCE NO. 6013
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTION 12.04.050 OF THE AUBURN CITY CODE
RELATING TO THE RELEASE OF CITY -HELD
EASEMENTS BY THE CITY ENGINEER
WHEREAS, Section 12.04.050 of the Auburn City Code (ACC) provides
for the management of City infrastructure and rights-of-way; and
WHEREAS, Paragraph E of Section 12.04.050 ACC authorizes the City
Engineer to execute "all documents necessary" to accept and/or release various
types of utility and development -related easements granted to the City; and
WHEREAS, an easement is an interest in land, and its release may
constitute abandonment of a valuable City resource; and
WHEREAS, ACC 12.04.050 Paragraph E does not specify the mechanism
through which the determination to release an easement is made; and
WHEREAS, it is in the interest of the City that there be a simple ,and quick
process to release easements that are of no further value to the City; and
WHEREAS, the City Council finds that the Public Works Committee of the
City Council is the appropriate body to provide oversight of such a process,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That section 12.04.050 of
the Auburn City Code be and the same hereby is amended to read as follows:
Ordinance No. 6013
April 5, 2006
Page 1
12.04.050 Authorities for public infrastructure and right-of-way
management.
A. Develop and Publish City Standards. The city engineer or his/her
designee shall develop, implement and publish standard details and
specifications for all public works after review and approval by the public works
committee. The city engineer or his/her designee shall establish standard
practices for regulation of all work within the public way by all persons to include,
but not limited to, franchise public/private utilities and entities possessing a right-
of-way agreement and/or permit to assure the public's safety, welfare and
interest is protected.
B. Management of Record Drawings. The city engineer or his/her
designee shall develop office procedures for the safe keeping of record drawings
of all public infrastructure to include, but not limited to, improvements in streets,
sidewalks, illumination systems, pavement condition surveys, water, sanitary and
storm water sewers utility systems.
C. Survey Record Controls. The city engineer or his/her designee shall
develop office procedures for establishing horizontal and vertical control
registration of existing and future development within the urban growth areas of
the city. Procedures will utilize both city and private development record drawings
and survey efforts to continue to maintain an accurate current database for future
reference. The city will provide the most current benchmark geodetic survey data
to new developers and for city construction projects at the administrative cost of
providing the service, and require in exchange, at no cost to the city, the
developer and/or city project sponsors to provide equal quality record drawings in
Autocadd drawing file format at completion of the development and/or city project
to update records reflecting survey controls of the new development and/or city
infrastructure.
D. Subdivision Records. The city engineer or his/her designee shall
develop office procedures for the safe keeping of record drawings of all recorded
plats and short plats.
E. Management of Right -of -Way, Easements, and Extensions of
Public Facilities by Private Developers. The city engineer or his/her designee
shall develop office procedures for the safe keeping of record drawings of all
public right-of-way, public access easements, city utility easements, cross
drainage easements, and public facilities developed and dedicated to the city by
private developers. The city engineer will exeGute all dOGUrnents ne essary is
may_accept and/or release granted to the City as part of an approved
development project for city utilities, drainage, slope protection, public access,
and right-of-way, and may also acceptance of public facility extensions that are
not dedicated through plats and short plats. After review by the Public Works
Committee, the city engineer may execute a release or partial release of any it
utility, drainage, or slope protection easements that are not needed or are no
Ordinance No. 6013
April 5, 2006
Page 2
longer needed for City purposes. All other city -held easements shall be released
only by City Council action and public right-of-way easements shall be subject to
the vacation provisions set forth in ACC Chapter 12.48 and in accordance with
Chapter 35.79 RCW. For management of developer facility extensions, the city
engineer will develop procedures to receive developer fees and/or deposits,
accounting for the costs of reviewing and approving developer plans, and
inspection of construction work performed by the developer, and reimbursement
of city costs by developer funds. (Ord. 5042 § 1 (Exh. B), 1998.)
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 3. Severability. The provisions of this ordinance are
declared to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shall not affect the validity of
the remainder of this ordinance, or the validity of its application to other persons
or circumstances.
Section 4. Effective date. This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as
provided by law.
DATED and SIGNED this day of , 2006.
INTRODUCED:
PASSED:
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Ordinance No. 6013
April 5, 2006
Page 3
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
1
i
Daniel B. Heid,
City Attorney
Published:
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Ordinance No. 6013
April 5, 2006
Page 4