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ORDINANCE NO. 5 0 0 5
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3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AMENDING CITY CODE CHAPTER 12.60 ENTITLED "RIGHT-
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OF-WAY PERMITS", SECTION 12.60.020 ENTITLED ~FEE" FOR THE
5 PURPOSE OF PROVIDING THE AUTHORITY TO EXTEND THE PERMIT TERM
BY REQUIRING AN AGREEMENT WITH APPLICANT AND COUNCIL APPROVAL
6 BY ORDINANCE WHERE THE PROPOSED RIGHT-OF-WAY USE WILL BE FOR A
USE TERM OF MORE THAN FIVE YEARS.
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WHEREAS, Section 12.60.020, entitled ~Fee" contained in
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City of Auburn Code Chapter 12.60, entitled ~RIGHT-OF-WAY
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PERMITS", provides for the expiration of a Sixty (60) Day
12 Right-of-Way Use Permit to be at the end of five years or
13 sooner; and
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WHEREAS, the sixty (60) Day Right-of-Way Use Permit
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expiration time period of five years or sooner limits the
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alternatives available to the City in addressing Right-of-Way
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]8 permitting for uses of the City's rights of way that, by their
19 very nature, will continue beyond the five year expiration
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limitation; and
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WHEREAS, to meet the identified need for the availability
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of an extended time period for the expiration of the sixty
24 (60) day Right-of-Way Use permit, authorization is hereby
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Ordinance No. 5005
August 11, 1997
Page 1
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provided to extend the time period upon approval by the
Council of an agreement with an applicant(s) by ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
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5 WASHINGTON, DO ORDAIN AS FOLLOWS:
6 Section 1. PURPOSE. The purpose of this Ordinance is as
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follows:
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To amend Section 12.60.020 entitled "FEES" contained in
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]0 Chapter 12.60 entitled "RIGHT-OF-WAY PERMITS" for the purpose
11 of providing the authority to extend the right-of-way permit
12 term beyond the five year term by requiring an agreement with
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an applicant which is approved by the Council by ordinance.
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Sect.~on ~. ~MRND CFAPTRR !.~.60 ~ND SRCTTON ~.60.0~0 OF
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AUBURN CTTY COD~. Section 12.60.020 entitled "FEES" as
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17 contained in Chapter 12.60 entitled "RIGHT-OF-WAY PERMITS" are
18 hereby AMENDED as set forth in Exhibit "A" attached hereto and
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incorporated herein by this reference.
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Sect.~on 3. Const.~tut.~ona~ty or Tnva~.~d.~ty. If any
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22 section, subsection, clause or phrase of this Ordinance is for
23 any reason held to be invalid or unconstitutional, such
24 invalidity or unconstitutionality shall not affect the
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Ordinance No. 5005
August 11, 1997
Page 2
1 validity or constitutionality of the remaining portions of
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this Ordinance, as it being hereby expressly declared that
this Ordinance and each section, subsection, sentence, clause
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5 and phrase hereof would have been prepared, proposed, adopted
16 and approved and ratified irrespective of the fact that any
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one or more section, subsection, sentence, clause or phrase be
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declared invalid or unconstitutional.
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Sect.~on 4. Amendment of Section 12.60.020 entitled
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11 "FEES" as contained in Chapter 12.60 entitled "RIGHT-OF-WAY
12 PERMITS" does not affect existing litigation and does not
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operate as an abatement or bar to any action or proceeding
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pending under or by virtue of the amended ordinance.
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Sect.4on 5. The Mayor is hereby authorized to implement
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17 such administrative procedures as may be necessary to carry
18 out the directions of this legislation.
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Ordinance No. 5005
August 11, 1997
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Sect.~ on 6. This Ordinance shall take effect and be in
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force five day from and -after its passage, approval and
publication as provided by law.
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APPROVED:
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17 City Clerk
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PROVED AS TO FORM:
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22 /PR° ds,
23 City Attorney
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Ordinance No. 5005
August 11, 1997
Page 4
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2 EXHIBIT "A" ORDINANCE NO. 5005
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Chapter 12.60
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5 RIGHT-OF-WAY PERMITS AS ADOPTED
6 Section 12.60.020
7 "FEES"
8 Sections:
9 12.60,010 Purpose-Issuance-Authority-Requirements.
12.60,020 Fee.
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12.60,030 Street banners-When allowed-Permit required.
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12 12.60,010 Purpose-Issuance-Authority-Requirements.
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The purpose of regulating the uses of right-of-way is to
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assure that proposed uses are consistent with public health
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and safety and that any harm or nuisance which my result from
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17 a proposed use is prevents. The public works committee of the
18 city council shall have the authority to issue, deny, or
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terminate right-of-way permits for utilization of public
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rights-of-way within the city limits. The city engineer shall
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establish procedures to administer the permit program.
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23 Decisions regarding issuance, renewal, denial, or termination
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Ordinance No. 5005 Exhibit "A"
August 11, 1997
Page 5
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of any such permits shall be subject to insurance
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requirements, bond requirements, hold harmless agreements,
evaluation of competing public interest, and other
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5 administrative details administered by the city engineer.
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12.60. 020 "Fee.
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The right-of-way use permit will require a permit fee of
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$25.00 for a permit to cover a 30-day period or less. A
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single 30-day extension period may be granted to the applicant
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upon receipt of a written request absent any known reasons for
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denial. Permits for 60 days or longer shall have a permit fee
of $75.00 and shall expire at the end of five years from the
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date of issuance unless ((sooncr tcrminatcd by thc public
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works committcc.)) the term of the r~ght-of-way permit
extended beyond the five years by agreement with an
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applicant(s) and approved by ordinance. Upon each anniversary
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of the permit the applicant must show proof of insurance. The
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permit fee for a right-of-way use permit shall be paid to the
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director of finance at the time the application is filed;
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provided, however bona fide governmental agencies of the
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Ordinance No. 5005 Exhibit "A"
August 11, 1997
Page 6
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federal government or the state of Washington or subdivisions
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thereof shall be exempt from payment of said fee.
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12.60.030 Street banners-When allowed-Permit required.
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Street banners of a nonpolitical nature advertising civic
events sponsored by a nonprofit organization my be installed
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at a predesignated location with the 200 block of East Main
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Street for a period not exceeding two weeks in duration.
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]0 Requests to install banners shall be made by application to
the city engineer who shall have the authority to administer
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12 the issuance of any such permits. the application shall be
made on forms provided by the city engineer, and issuance of
14 any of such permit shall be subject to insurance requirements,
15 bond requirements, hold harmless agreements, and other
16 administrative details as administered by the city engineer.
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Ordinance No. 5005 Exhibit "A"
August 11, 1997
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