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Home My WebLink About3259 RESOLUTION NO. 3 2 5 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, REPEALING RESOLUTION 3165 ENTITLED "A RESOLUTION OF THE CITY OF AUBURN, WASHINGTON AMENDING RESOLUTION NO. 3155, ADOPTED JANUARY 3, 2000, REQUESTING THE COUNTY AUDITOR TO CALL FOR A SPECIAL ELECTION IN THE CITY OF AUBURN FOR FEBRUARY 29, 2000 FOR THE PURPOSE OF SUBMITTING THE ASSESSMENT OF PARKS AND RECREATION IMPACT FEES ON NEW DEVELOPMENT WITHIN THE CITY LIMITS OF AUBURN, TO CHANGE THE DATE FOR THE SPECIAL ELECTION FROM FEBRUARY 29, 2000 TO NOVEMBER 7, 2000" AND REPEALING RESOLUTION 3155, ADOPTED JANUARY 3, 2000, ENTITLED "A RESOLUTION OF THE CITY OF AUBURN, WASHINGTON REQUESTING THE COUNTY AUDITOR TO CALL FOR A SPECIAL ELECTION IN THE CITY OF AUBURN FOR FEBRUARY 29, 2000 FOR THE PURPOSE OF SUBMITTING THE ASSESSMENT OF PARK AND RECREATION IMPACT FEES ON NEW DEVELOPMENT WITHIN THE CITY LIMITS OF AUBURN" FOR THE PURPOSE OF WITHDRAWING THE BALLOT PROPOSITION FOR PARK AND RECREATION IMPACT FEES ON NEW DEVELOPMENT WITHIN THE CITY LIMITS OF AUBURN FROM THE NOVEMBER 7, 2000 BALLOT. WHEREAS, Pursuant to RCW 35A.11.020 entitled "Powers vested in legislative bodies of noncharter and charter code cities" the Council of the City of Auburn has been provided the power to regulate the internal affairs of the City of Auburn; and WHEREAS, it has been determined that repealing City of Auburn Resolution 3165, adopted January 13, 2000 Amending Resolution 3155, adopted January 3, 2000 and repealing Resolution 3155 is the appropriate method for removing the park and recreation impact fee from the November 7, Resolution No. 3259 August 28, 2000 Page 1 2000 special election ballot pursuant to the intent of the Auburn City Council and by the authority granted in RCW 35A.11.020. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. Purpose. The purpose of this Resolution is to reflect the City Council's intent to repeal Resolution 3155 and Resolution 3165, attached hereto as Exhibit "A" and incorporated by this reference. Section 2. Repeal. Resolution 3155 and Resolution 3165 are hereby repealed and are withdrawn from the November 7, 2000 special election ballot. Section 3. Transmitted to Gountv- Withdrawal of City of Auburn's Request for Special Election. The City Clerk is hereby directed to notify, and to send a certified copy of this Resolution to the Metropolitan King County Elections and the Pierce County Auditor. The Metropolitan King County Elections and Pierce County Auditor are hereby requested to cancel the City of Auburn's request for a special election to be held in the City of Auburn on November 7, 2000. Section 4. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 3259 August 28, 2000 Page 2 DATED and SIGNED this ,.,~,4,~, day of September, 2000. CHARLES A. MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Resolution No. 3259 August 28, 2000 Page 3 RECORDS & ELECTIONS RESOLUTION NO. 3165 A RESOLUTION OF-THE CITY OF AUBURN, WASHINGTON, AMENDING RESOLUTION NO. 3155, ADOPTED JANUARY 3, 2000, REQUESTING THE COUNTY AUDITOR TO CALL FOR A SPECIAL ELECTION IN THE CITY OF AUBURN FOR FEBRUARY 29, 2000 FOR THE PURPOSE OF SUBMI'i'FING THE ASSESSMENT OF PARKS AND RECREATION IMPACT FEES ON NEW DEVELOPMENT WITHIN THE CITY LIMITS OF AUBURN, TO CHANGE THE DATE FOR THE SPECIAL ELECTION FROM FEBRUARY 29, 2000 TO NOVEMBER 7, 2000. WHEREAS, Section 29.13.020 RCW authorizes the City Council of Lthe City of Auburn to submit ballot propositions to the voters of the City; and -- WHEREAS, Chapter 82.02 RCW authorizes the City of Auburn to req_~ire new growth and development within the city of Aubum to pay a proportiopate share of the cost of new facilities to serve such new growth and development through the assessment of impact fees; and WHEREAS, an emergency is declared to exist based upon the facts herein; and WHEREAS, the passage of Initiative 695 requires voter approval of any new tax or tax increase; and WHEREAS, at a regular meeting of the Auburn City Council held January 3, 2000 the Council adopted Resolution No. 3155 calling for a special election to be held in the city of Auburn on February 29, 2000 for the purpose of submitting ResOlution No. 3165 January 13, 2000 Page I the assessment of parks and recreation impact fees on new development within the city limits of Auburn; and WHEREAS, the City Council now finds in the interest of the public that the date for a special election in the city of Auburn should be changed from February 29, 2000 to November 7, 2000 in order to allow sufficient time for the public to obtain information on the effect of the proposition. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES: Section 1. Declaration of Intent and Finding. The City Council of the City of Auburn finds that development activity in the city of Auburn will create additional demand and need for parks and recreation facilities; and the City is authorized by the Growth Management Act, codified in Chapter 82.02 RCW, to require new growth and development within the city to pay a proportionate share of the cost of new 'facilities to serve such new growth and development through the assessment of impact fees. The City of Auburn has conducted extensive studies documenting 'the procedures for measuring the impact of new developments on parks and recreation facilities. Section 2. Resolution No. 3155 Amended. Resolution No. 3155 is hereby amended to reflect the City Council's intent to call for a special election in the city of Auburn on November 7, 2000 for the purpose of submitting a proposition on the assessment of parks and recreation impact fees on new development within the city limits of Auburn. Resolution No. 3165 January 13, 2000 Page 2 Section 3. Transmittal to County - Request for Special Election. The City Clerk is hereby directed to notify, and to send a certified copy of this Resolution to the .Metropolitan King County Elections and the Pierce County Auditor. The Metropolitan King County Election~ and Pierce County Auditor are hereby requested to call and conduct a special election to be held in the city of Aubum on November 7, 2000, as provided in RCW 29.13.020 and which date is not less than forty-five (45) days from the date of this declaration and finding. The Metropolitan King County Elections and the Pierce County Auditor are also requested to give notice of the election as provided in RCW 29.27.080. The purpose of the election shall be to submit to the qualified voters within the city of Aubum a ballot proposition in substantially the following form: PROPOSITION NO. 2 In order for new growth and development to share the cost of parks and recreation facilities, shall the City of Auburn assess parks and recreation impact fees of $588.00 for each new single family detached dwelling unit and $504.00 for each new multi-family dwelling unit constructed in the city of Aubum. YES ..................................................I"'J NO ...................................................1"1 Section4. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 3165 Janua~ 13,2000 Page 3 DATED AND SIGNED this 13th day of January, 2000, CITY OF AUBURN Charles A. Booth Mayor ATTEST: Damelie E. Daskam City Clerk' A~:~ROVED AS TO FORM: Michael J. Reynolds City Attorney Resolution No. 3165 January 13, 2000 Page 4 CHARlXS k S0OT}t, MAV0R AUBURN CITY CLERK Danidle Dasksm, City O~ ~ West Main, Auburn, WA 9~1 ~y Ri~ar~ ~puty City ~e~ T~ ~11, R~~ O,rk ~in~ Re~on: (~3) 931-~7 F~: (~3) STATE OF WASHINGTON ) ) COUNTIES OF KING AND PIERCE) I, Danielle Daskam, the duly appointed, qualified City Clerk of the City' of Auburn, a Municipal Corporation and Code City, situate in the counties of King and Pierce, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No. 3165 of the resolutions of the City of Auburn, entitled "RESOLUTION NO. 3165." I certify that said Resolution No. 3165 was duly passed by the Council and approved by the Mayor of the said City of Auburn on the 13th day of January, 2000. Witness my hand and the seal of the City of Auburn this 14th day of January, 2000. D:~'elle Daskam, City Clerk City of Auburn RESOLUTION NO. 3155 A RESOLUTION OF THE CITY OF AUBURN, WASHINGTON, REQUESTING THE COUNTY AUDITOR TO CALL FOR A SPECIAL ELECTION IN THE CITY OF AUBURN FOR FEBRUARY 29, 2000 FOR THE PURPOSE OF SUBMI'I'FING THE ASSESSMENT OF PARKS AND RECREATION IMPACT FEES ON NEW DEVELOPMENT WITHIN THE CITY LIMITS OF AUBURN. WHEREAS, Section 29.13.020 RCW authorizes the City Council of the City of Auburn to submit ballot propositions to the voters of the City; and WHEREAS, Chapter 82.02 RCW authorizes the City of Auburn to require new growth and development within the city of Auburn to pay a proportionate share of the cost of new facilities to serve such new growth and development through the assessment of impact fees; and WHEREAS, an emergency is declared to exist based upon the facts herein; and WHEREAS, the passage of Initiative 695 requires voter approval of any new tax or tax increase; and WHEREAS, at a regular meeting of the Auburn City Council held December 20, 1999, the Council instructed that a ballot measure on the assessment of parks and recreation impact fees shall be presented to the voters before May 1, 2000. Resolution No. 3155 Janua~ 3,2000 Page I NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES: Section 1. Declaration of Intent and Finding. The City Council of the City of Auburn finds that development activity in the city of Auburn will create additional demand and need for parks and recreation facilities; and the City is authorized by the Growth Management Act, codified in Chapter 82.02 RCW, to require new growth and development within the city to pay a proportionate share of the cost of new facilities to serve such new growth and development through the assessment of impact fees. The City of Auburn has conducted extensive studies documenting the procedures for measuring the impact of new developments on parks and recreation facilities. Section 2. Transmittal to County - Request for Special Election. The City Clerk is hereby directed to notify, and to send a certified copy of this Resolution to the Metropolitan King County Elections and the Pierce County Auditor. The Metropolitan King County Elections and the Pierce County Auditor are hereby requested to call and conduct a special election to be held in the city of Auburn on February 29, 2000, which is the next date provided in RCW 29.13.020 'and is not less than forty-five (45) days from the date of this declaration and finding. The Metropolitan King County Elections and the Pierce County Auditor are also requested to give notice of the election as provided in RCW 29.27.080. The purpose of the election shall be to submit to the qualified Resolution No. 3155 January 3, 2000 Page 2 voters within the city of Auburn a ballot proposition in substantially the following form: PROPOSITION NO. 2 In order for new growth and development to share the cost of parks and recreation facilities, shall the City of Auburn assess parks and recreation impact fees of $588.00 for each new single family detached dwelling unit and $504.00 for each new multi-family dwelling unit constructed in the city of auburn. YES ..................................................E3 NO ...................................................i"'l Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. DATED AND SIGNED this 3rd day of January, 2000. CITY OF AUBURN Mayor ATTEST:' City Clerk Resolution No. 3155 January 3, 2000 Page 3 MiCaS City Attorney Resolution No. 3155 January 3, 2000 ' ' Page 4