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ORDINANCE NO. 5 0 9 3
AN ORDINANCE OP THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AMENDING AUBURN CITY CODE CHAPTER 17.08 ENTITLED
"IMPROVEMENT METHODS", OF THE LAND DIVISION ORDINANCE
PERTAINING TO THE BONDING OF PLAT IMPROVEMENTS.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. PURPOSE. The purpose of this Ordinance is as
follows:
TO amend Auburn City Code Chapter 17.08 entitled
"IMPROVEMENT METHODS", of the Land Division Ordinance
pertaining to bonding of plat improvements. A copy of said
amendments are attached hereto and designated as Exhibit "A".
Section 2. Constitutionality or Invalidity. If any
section, subsection, clause or phrase of this Ordinance is for
any reason held to be invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining portions of
this Ordinance, as it 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 fact that any
one or more section, subsection, sentence, clause or phrase be
declared invalid or unconstitutional.
Ordinance No. 5093
April 30, 1998
Page 1
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Section 3.
such administrative procedures as may
out the directions of this legislation.
Section 4. This Ordinance shall
force five day from and after its
publication as provided by law.
The Mayor is hereby authorized to implement
to carry
INTRODUCED:
PASSED:
APPROVED:
be necessary
take effect and be in
passage, approval and
May 4, 1998
May 4, 1998
May 4, 1998
CHARLES A. BOOTH
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
PUBLISHED:
Ordinance No. 5093
April 30, 1998
Page 2
Chapter 17.08
IMPROVEMENT METHODS
Sections:
17.08.010 Improvement methods
17.08.020 City engineer's certificate of improvements.
17.08.010 Improvement methods
Following preliminary plat approval and approval of all plans required by Chapter 17.12
ACC, and prior to submission of an application for final plat approval, the applicantJplat
developer shall guarantee the public improvements required for the plat are completed
by one of the following methods:
A. By furnishing to the city a performance bond, a plat or subdivision bond or
other similar security satisfactory to the City Engineer, in which assurance is given the
city that the installation of the required public improvements will be carried out as
provided by plans submitted and approved pursuant to Chapter 17.12 ACC and in
accordance with city standards and specifications, and under the supervislon of the city
engineer. To qualify for this method, the developer must have a minimum 3 year plat
development experience record ;'- ~-^ "';~,, cf .","~urn demonstrating no defaults on plat
infrastructure, performance or maintenance bonds. Any developer who is able to
provide municipal references and demonstrate the equivalent record of successful, non-
defaulted plat construction experience in the Puget Sound region may be evaluated by
the City Engineer and City Attorney for eligibility for this method.
1. The amount of the performance bond or other security shall be 150 125
percent of the estimated cost of improvements, as determined by the applicant, and
approved by the City EnRineer. ".".d w.._..~k~"
~,...~... ,~.~. %o .....,.+~..~.;...~. M..;...;,., ..~ ,~. .... ~':~ "'~:~' A substantial portion of the
required public improvements subiect to bond ng shall be completed within the initial 18
month period of the plat bond. The remainder of the improvements shall be completed
within six (6) months. One bond may be allowed to be posted for all the public
improvements and the city engineer may allow the bond to be reduced to ensure the
completion of the remainder of the public improvements once the substantial public
improvements have been completed and accepted by the City,
Exhibit "A"
Ordinance No. 5093
2. The city engineer may allow incremental six (6) month extensions of
the bond time frame, up to one year beyond the initial 2 if there
year
period,
are
unforeseen circumstances, beyond the control of the plat developer, that do not allow
the completion of the public improvements.
3. In order to ensure the construction and expeditious completion of the
improvements and to reduce the possibility of the city having to claim a bond to complete
the improvements, a bond will only be accepted for all or a majority of the improvements
upon a finding by the City Engineer that all of the following criteria are met:, the
financing and the contractor for the improvements are secured, and the amount and the
form of the bonds have been approved by the city attorney and city engineer. An
executed, certified copy of the actual plat improvements contract which includes a
complete itemized scope of work, for each private utility facility and public facility being
bonded, will be required as proof of being under contract for construction.
B. By the formation of a local improvement district consistent with the provisions
of Chapter 3.20 ACC and any other applicable requirement of the city and the state; or
C. By actually installing the minimum improvements in accordance with the
provisions of Chapter 17.12 ACC, as provided by the local improvement district laws of
the state and the city council, and in accordance with city standards and specifications
and under the supervision of the city engineer; or
D. By actual installation of improvements in accordance with the provisions of
Chapter 17.12 ACC, and in accordance with city standards and specifications and under
the supervision of the city engineer; or
E. By a combination of these methods.
F. For any of the above combinations of methods, other than C and D, the plat
developer shall execute and record against the plat properties, a statement approved by
the City Attorney which holds the City harmless and limits the City's financial obligation
Exhibit "A"
Ordinance No. 5093
to construct any defaulted private utility facilities and public infrastructure for streets,
water utility, sanitary sewer utility, or storm water utility systems to the face value of the
bond shall be memorialized on the plat documents The statement shall also recognize
the City's reserved, unilateral rights to establish the schedule for construction of
defaulted plat infrastructure. Such statements shall be legally binding upon the heirs,
and assigns of the developer, subsequent property owners and their heirs and assigns.
~- ........ -~ ....... ~ .... ~:~'.~r'~ r.~,.~;~;~..+~ ..~ ~ .......... +,.,
17.08.020 City engineer's certificate of improvements.
After completion of all required improvements and/or the guarantee of the
construction of all required improvements, the city engineer shall submit a certificate in
duplicate to the planning director stating the required improvements, in accordance with
the provisions of this title and in accordance with city standards and specifications, have
been completed or guaranteed to the satisfaction of the City Engineer. An application
for a final plat will not be accepted until the City Engineer has signed such certificate of
improvements.
\1708C
Exhibit "A"
Ordinance No. 5093