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HomeMy WebLinkAbout5670 ORDINANCE NO. 5 6 7 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON AMENDING SECTION 17.08.010 OF THE AUBURN CITY CODE, REGARDING IMPROVEMENT METHODS. WHEREAS, current provisions of the Auburn City Code provide for certain requirements and processes for ensuring completion of improvements in connection with plats being developed within the City; and WHEREAS, the provisions of the City Code include some requirements, such as plat bonding and some limitations, including requirements that a developer have a certain amount of experience in developing plats in order to qualify for the plat bonding requirements; and WHEREAS, because of concerns regarding enforcement of bonds and because of the need to allow flexibility to allow for developers who may not have the level of experience currently called for in the City Code, it is appropriate that the provisions be amended to provide an alternative to bonding in an amount still sufficient to protect the City and to accommodate the interests of developers with out the necessary years of experience to develop property within the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN as follows: Section 1. Code Amendment. Section 17.08.010 of the Auburn City Code is amended to read as follows: 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 Ordinance 5670 August 12, 2002 Page 1 applicant/plat developer shall guarantee the public improvements required for the plat are completed by one of the following methods: A. By furnishing to the city:~v.""'~ ....... ~..,,~,~'~"~ a "'"* cr ""~'~;";-;'-- ~..,,d~"" an assignment of funds or an irrevocable letter of credit or other similar security satisfact~ 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 submiEed and approved pursuant to Chapter 17.12 ACC and in accordance with city standards and specifications, and under the supe~ision of the ci~ engineer. Tc .... .......... ~ ............. ~ ........ ,~ ......... i~, ~ .... , ..... , .............ora ........ . ................ ~ ............. or 1. The amount of the -~ ....... ~,.d assignment of funds or irrevocable letter of credit or other security shall be 125 150 .percent of the estimated cost of the required public improvements, as dete~ined by the applicant, and approved by the city engineer. A substantial potion of the required public improvements, subject to~.~-~--.~...~ the satisfactow security shall be completed within the initial 18-month period of the satisfactow security for the plat 5cnd improvements. The remainder of the improvements shall be completed within six months..~e ~-~ .... ~" "~ ..... "tc ~ .... ~ ......... ~ ................. ur n construction, the city engineer may allow pa~ial releases of the financial security as construction progresses: (1) The city engineer shall allow not more that four padial releases of the financial security durinq plat construction; (2) The sequencing of padial releases of the financial security is to be determined by thR city engineer prior to the acceptance of the security; and (3) With the exception of the final lift of pavement, the sequencing of pa~ial releases of the financial security is to be tied to the completion of separate or combinations of separate infrastructure elements includin~ the water system, sewer system, storm system, private utilities, curb & gu~er, sidewalks and driveways, illumination, and street pavement, as determined by the city enqineer, Provided that the city engineer shall endeavor to make sure that the amount of remaininq security for the last phase shall be sufficient to cover the amount of reasonable costs the City may incur in completing the remaininq work, includinq but not limited to construction costs, design costs biddinq costs and administrative costs. 2. The city engineer may allow incremental six-month e~ensions of the 5c~d satisfacto~ security time frame, up to one year beyond the initial ~o-year period, if there are unforeseen circumstances, beyond the control of the plat developer, that do not allow the ~mpletion of the public improvements. Ordinance 5670 August 12, 2002 Page 2 ~...,...........~,.,.. ,.,.,.,....., ,.,h~.-~. ;...-I..,~...- .. ,-,......~..*.. ~*...~=..,~ ......,... cf '""'~' for ~- ........... u ............................... AS a condition of the at improvement permittinq approval, the developer shall agree that in the case of the developer's default or failure to complete the improvements as per the approved plans and conditions, includinq time schedules, the City shall have the authority to complete the construction of public improvements utilizing the above described satisfactory security. 4. The city engineer may further agree to allow the developer to utilize assignment of funds or irrevocable letter of credit or other security acceptable to the city engineer to cover the one-year minimum warranty period. 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; 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; ED. By a combination of these methods; F-E. For any of the above combinations of methods, other than subsections C-a~ 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 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. (Ord. 5093 § 1, 1998; Ord. 4296 § 2, 1988.) Section 2. Constitutionality or Invalidity. If any section, subsection, clause, phrase, or sentence, of this Ordinance, is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality of the remaining portions of this ordinance, as it is being hereby expressly declared that this ordinance and each section, subsections, clause, phrase, or sentence, hereof would have been prepared, Ordinance 5670 August12,2002 Page 3 proposed, adopted, and approved and ratified irrespective of the fact that any one or more section, subsection, clause, phase, or sentence, be declared invalid or unconstitutional. Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: 'AU6 ~ 9 200~ PASSED: APPROVED: AU~ PEI -- B. LEWIS MAYOR ATTEST: anise E Daskam, City Clerk PUBLISHED: //.2'.,~ .~ ~ Ordinance 5670 August12,2002 Page 4