HomeMy WebLinkAbout6112ORDINANCE NO. 6 1 1 2
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTIONS 12.64A.030 AND 12.64A.050 OF THE
AUBURN CITY CODE RELATING TO THE
INSTALLATION OF CITY-OWNED CONDUIT
WHEREAS, the City Council finds that enhancing the City's data and
communications infrastructure allows the City to provide services to the public in
amore effective and efficient manner; and
WHEREAS, making remote data access available to the City's police
officers, inspectors, utility staff, and other field personnel allows them to devote
more time to providing services to the community and less time traveling to and
from City offices and facilities; and
WHEREAS, the City has a number of utility facilities, traffic control
devices, and other equipment located throughout the City that are monitored and
operated remotely; and
WHEREAS, increasing the number of such remote facilities connected to
the City's data and communications infrastructure allows for system-wide,
coordinated management of such facilities; and
WHEREAS, new technologies may present additional opportunities for the
City to use its data and communications infrastructure to enhance its provision of
public services; and
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July 31, 2007
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WHEREAS, the City Council finds that the installation of City-owned
conduit throughout the City would enhance the City's data and communications
infrastructure; and
WHEREAS, requiring the placement of City conduits in trenches opened
in City rights-of-way as part of a development project allows for expansion of the
City conduit system at a lower cost to the public and with fewer opening of the
City's streets; and
WHEREAS, the cost of adding such conduit to an already opened trench
would be proportional to the benefit of enhanced public services received by the
owner of the developing property,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That Section 12.64A.030
of the Auburn City Code be and the same hereby is amended to read as follows:
12.64A.030 Requirements.
The City Engineer shall determine in consultation with Police;
Parks, Arts, and Recreation; Planning, Building and Community
Departments; Information Services and the local fire authority
whether one or more of the following public right-of-way
improvements are necessary to mitigate the impacts of a permitted
action set forth in ACC 12.64A.020. Construction or provision of
those improvements in the manner specified by the City Engineer
shall be a condition of granting said permit:
A. Paved roadway on the same side of the street as the subject
property;
B. Street lighting;
C. Sidewalks on the same side of the street as the subject
property;
D. Concrete curbs and gutters on the same side of the street as
the subject property;
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July 31, 2007
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E. Storm drainage systems;
F. Street landscaping and appurtenances on the same side of
the street as the subject property;
G. Traffic control and other safety devices including, but not
limited to, provisions for channelization, pavement markings,
signage, pedestrian safety, and traffic calming;
H. Dedication of public right-of-way on the same side of the
street as the subject property.
I. Conduit at least three inches in diameter in arterial streets
being improved under this chapter. (Ord. 6083 § 2, 2007.)
Section 2. Amendment to City Code. That Section 12.64A.050
of the Auburn City Code be and the same hereby is amended to read as follows:
12.64A.050 Deferral and Fee-in-Lieu of Improvements.
A. The City Engineer may grant a deferral and/or payment of
fee-in-lieu of improvements for .some or all of the
improvements required pursuant to this Chapter upon receipt
of a written request from the applicant or may require a
deferral and/or payment of fee-in-lieu of improvements for
some or all of the required improvements; provided,
dedication of necessary right-of-way may not be deferred or
satisfied through payment of a fee-in-lieu. The City
Engineer's decision regarding deferral or payment of a fee-
in-lieu shall take into account the best interest of the City
and, among other considerations, the following criteria:
1. Proximity to similar improvements, or lack thereof,
within the roadway corridor;
2. Continuity of infrastructure improvements within the
public right-of-way;
3. Pending projects programmed within the corridor that
may impact the street frontage of the subject property;
4. Safety considerations;
5. Traffic volumes and travel patterns;
6. Storm drainage needs;
7. Input from the Police; Parks, Arts, and Recreation;
and Planning, Building and Community Departments;
Information Services and the local fire authority.
B. For those improvements either deferred or for which afee-in-
lieu is paid, the applicant shall be required to:
1. Execute and record an agreement not to protest the
formation of a future local improvement district (LID)
formed for the construction of such improvements, and
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July 31, 2007
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2. Execute and record an agreement to defer the
completion of the required improvements by the
applicant until such time as the city determines the
improvements are needed, or
3. Pay afee-in-lieu of improvements based on the city's
estimated costs to complete the required
improvements. The City shall have the discretion to
require payment of a fee-in-lieu of improvements
rather than the execution and recording of deferral
agreements provided that the street improvements
are part of an identified project in the city's six year
transportation improvement program or other
documentation and the funds can immediately be
utilized for design and/or construction efforts or to
leverage additional grant funding for the project, or
4. Execute a combination of a deferral and payment of a
fee-in-lieu of improvements; provided, the applicant's
combined obligation does not exceed the extent of the
total requirements for such improvements.
C. The applicant has the right under state law to protest the
applicant's assessment for any such LID at the time of the
final assessment roll public hearing.
D. For those improvements that are deferred, the Design
Standards and Construction Standards in place at the time
of improvements shall be applied. (Ord. 6083 § 2, 2007.)
Section 3. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 4. 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.
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July 31, 2007
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Section 5. 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.
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DATED and SIGNED this da of . ~ ~., :..~ti--~ , 2007.
INTRODUCED: SEP 1 ? 2007
PASSED: SEP 1 7 2007
APPROVED: SEP 1 7 2007
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~~~~-> Ci~TY OF AUB RN
', ~ `-__-
PETER B. LEWIS
MAYOR
ATTEST:
1 , ,~._...~'
Da ~ .Ile E. Daskam,
City Clerk
APPR VEDAS TO FORM:
niel B. Hei ,
City Attorney
Published: ~1 y _ ~%~ -?~-~~L~ ~?
Ordinance 6112
July 31, 2007
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