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HomeMy WebLinkAbout05-01-2006 ITEM VIII-A-2C[TY')I -* ., 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: --------------------------- 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: ---------------------------- Ordinance No. 6013 April 5, 2006 Page 4