HomeMy WebLinkAboutITEM III-ACITY OF
AGENDA BILL APPROVAL FORM
* WASHINGTON
Agenda Subject: Date:
Ordinance No. 6319 July 13, 2010
Department: Attachments: Budget Impact: Public Works Ordinance No. 6319 and Comparison $
Document
Administrative Recommendation:
City Council to introduce and adopt Ordinance No. 6319.
Background Summary:
Ordinance No. 6319 adopts new chapter 12.70, Street Payback Agreements, into the Auburn City Code.
This proposed code allows the City to utilize a Street Payback Agreement for street improvements
pursuant to RCW 35.72. This legislative authority allows a public agency to enter into payback
agreements for the reimbursement of costs associated with road improvements that are funded by
development, the City or a combination of both. There is a 15 year period from the time the City
establishes the assessment reimbursement area for the costs to be paid back by the benefiting
properties. The general intent of the RCW is to allow the recovery of an appropriate portion of the costs associated with public road improvements that would be required by other future
development and
therefore, benefits these other properties.
The final form of the ordinance is slightly different from the previous versions reviewed by Council
Committee's, therefore, a comparison document showing these revisions is attached for information.
W0719-7
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&0
❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ®Planning & CD ❑ Fire ❑ Planning
❑ Park Board ®Public Works ®Legal ❑ Police
❑ Planning Comm. ❑ Other ®Public Works ❑ Human Resources
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing I l Referred to Until I l
Tabled Until I I
Councilmember: Wagner Staff: Dowdy Meeting Date:: July 19, 2010 Item Number:
k t + •1~
ORDINANCE N0. 6-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, CREATING A NEW
CHAPTER 12.70 TO THE AUBURN CITY CODE,
RELATING TO STREET PAYBACKAGREEMENTS
WHEREAS, Chapter 35.72 of the Revised Code of Washington allows
local agencies to enter into contracts for the reimbursement of public road
improvements by properties benefiting from the completion of such road
improvements, and
WHEREAS, public improvements can be completed by private
development, the City or a combination with all contributing parties eligible to
receive reimbursement; and
WHEREAS, it is in the best interest of the City to adopt an ordinance to
allow the use of these types of contracts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That a new Chapter 12.70
to the Auburn City Code, relating to "Street Payback Agreements," is created to
read as follows:
Chapter 12.70
STREET PAYBACK AGREEMENTS
Sections
12.70.010 Purpose.
12.70.020 Definitions.
12.70.030 City funding.
12.70.040 Agreement not Mandatory.
12.70.050 City Engineer's Authority.
12.70.060 Application.
Ordinance No. 6319 June 13, 2010
Page 1 of 6
12.70.070 Application -Contents.
12.70.080 Costs eligible for reimbursement.
12.70.090 Formation of reimbursement area.
12.70.100 Contract execution and recording.
12.70.110 Implementation of Agreement.
12.70.010 Purpose.
The purpose of this chapter is to provide a mechanism to reimburse an
eligible applicant andlor the City for costs associated with the construction of
public street system improvements. This chapter is intended to implement and
thereby make available to the public the provisions of chapter 35.72 RCW as
presently adopted or as may be subsequently amended.
12.70.020 Definitions.
1. Use of Words and Phrases. As used in this chapter, unless the
context or subject matter clearly requires otherwise, the words or phrases
defined in this section shall have the indicated meanings.
2. "Assessment reimbursement area" means all real properties that
will benefit from a street system improvement.
3. "Street system improvements" means such improvements to the
public street transportation facilities including, but not limited to, paving,
installation of curbs, gutters, storm drainage, sidewalks, street lights, right-of-way
landscaping, traffic signals, and traffic control signs and markings.
4. "Applicant" means the owner, developer, or building permit
applicant who is required by any ordinance of the City, or as the result of review
under the State Environmental Policy Act, or in connection with any discretionary
decision of the City Council to construct street system improvements which do
not abut the development site.
5. "Street payback agreement" means contracts authorized by
chapter 35.72 RCW and this chapter, as presently adopted or as may be
subsequently amended, for street system improvements.
12.70.030 City funding.
The City may participate in funding of an applicant's required street
system improvements or may enact a street payback agreement for a City
funded street improvement project following a public hearing and Council
approval as specified in this chapter.
12.70.040 Agreement not Mandatory.
The City Council reserves the right to refuse to enter into any street
payback agreement or to reject an application therefore.
12.70.050 City Engineer's authority.
The City Engineer shall establish administrative rules, regulations,
policies, and procedures necessary to implement the provisions of this chapter
Ordinance No. 6319 June 13, 2010
Page2of6
and is authorized and directed to execute payback agreements for public street
system improvements upon Council approval.
12.70.060 Application.
An applicant required to construct street system improvements on public
rights-of-way may apply to the City to establish a street payback agreement for
recovery of a pro rata share of the costs of constructing the street system
improvements, from the property owners of record who will subsequently derive a
benefitfrom the improvements.
12.70.070 Application -Contents.
Applications for a street payback agreement may be made to the City after
construction of the street system improvements have been completed and shall
include the following items:
1. A nonrefundable application fee in an amount as indicated in the
City's fee schedule.
2. Itemization of all costs of the project including, but not limited to,
design engineering, permitting, property acquisition, construction engineering,
contract administration, surveying, and construction costs associated with the
street system improvements.
3. A map and legal description identifying the proposed boundaries of
the assessment reimbursement area and each separately owned parcel within
such area and include the applicable amount of area andlor front footage of the
property. Such map shall identify the location of the project in relation to the
parcels of property in such area.
4. A proposed assessment reimbursement roll stating the proposed
assessment for each separate parcel of property within the proposed
assessment reimbursement area as determined by apportioning the total project
cost on the basis of the benefit of the project to each such parcel of property
within said area.
5. A complete list of record owners of property within the proposed
assessment reimbursement area certified as complete and accurate by the
applicant and which states names and mailing addresses for each such owner
6. The applicant's acknowledgement that the street payback
agreement may extend for a period of up to 15 years from the date of final
acceptance by the City and the recovery shall be assigned to run with the land.
The applicant's acknowledgement that approval of the street
payback agreement will be conditioned on the applicant agreeing to waive any
claims for liability of the City in establishment and enforcement of payback
agreements, including an acknowledgement that the City is not responsible for
locating a beneficiary or survivor.
Ordinance No. 6319 June 13, 2010
Page3of6
12.70.080 Costs eligible for reimbursement.
The Council may provide for the reimbursement of all or part of the costs
advanced by the City funds and/or applicant for such street system
improvements, including:
1. The design engineering, permitting, property acquisition,
construction engineering, contract administration, surveying, and construction
costs associated with the street system improvements.
2. The cost of all advertising, mailing and publishing of notices;
3. The cost of legal services and any other expenses incurred by the
City in connection with such construction or improvement and in the financing
thereof, including the issuance of any bonds;
4. City costs of administering the agreement.
5. Out-side professional services as applicable.
Costs eligible for reimbursement to the applicant shall not include required
frontage street improvements that would have been normally required of the
applicant per ACC Chapter 12.64A.
12.70.090 Formation of reimbursement area.
1. If the City Engineer finds that the request complies with the
requirements of this Chapter, a public hearing of the City Council shall be set for
consideration of an ordinance approving the Street Payback Agreement. The
draft ordinance shall constitute the preliminary determination on the assessment
reimbursement area and method of assessment as recommended by the City
Engineer.
2. A notice of hearing on the proposed ordinance shall be published
no less than twenty (20} days before the date of the hearing in a newspaper of
general circulation in the area of the assessment reimbursement area.
3. A notice of hearing shall be given to each owner of record of each
lot, tract or parcel of land or other property within the proposed reimbursement
assessment area by mailing by certified mail as shown on the tax rolls of the
county treasurer. The notice of hearing shall be mailed not less than twenty (20)
days before the date of the hearing.
4. The notice shall refer to the proposed ordinance and designate the
proposed assessment reimbursement area by number and include the
information specified in 12.70.070.
On the date and at the time specified in the notice the Council will conduct
a hearing and listen to testimony as it relates to the desirability and the
sufficiency of the proposed assessment reimbursement area and methods of
calculating reimbursement assessments and the amounts thereof. The Council
may continue the hearing to allow for further information to be provided.
5. Following the hearing, the Council may adopt an ordinance which
establishes the assessment reimbursement area, determines the amount of the
reimbursement assessment to be charged to each lot, tract or parcel, and
provides for the payment and collection of such assessments.
Ordinance No. 6319 June 13, 2010
Page 4 of 6
12.70.100 Contract execution and recording.
Within thirty (30} days of final City Council approval of a street payback
agreement, the applicant shall execute and present such agreement for the
signature of the appropriate City official.
The payback agreement shall be recorded in the King or Pierce County
Department of Records, as appropriate. Once recorded, the payback agreement
is binding on property owners of record within the assessment area who are not
party to the agreement.
12.70.110 Implementation of Agreement.
A. All owners of properties for which a street payback agreement is in
force and who have not previously paid their fair share will be assessed the
charge as provided in the agreement at the time they receive benefit from the
street system improvements. Benefiting properties are those properties
engaging in activities described in section ACC 12.64A.20. The payback
assessments shall be based on the costs and methodology identified in the
approved street payback agreement. Latecomer assessments shall be paid in
full before the City issuance of any such permits.
B. Monies collected by the City will then be reimbursed to the
Applicant at six (6) month intervals for the duration of the agreement. The
Applicant is required to provide changes of address or ownership not later than
the anniversary date of the signing of the agreement. If the applicant fails to
update its address or ownership, the City is not responsible for not remitting
payments.
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 3. 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.
Ordinance No. 6319 June 13, 2010
Page5of6
Section 4. 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.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYO R
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Published:
Ordinance No. 6319 June 13, 2010
Page6of6
ORDINANCE N0. 6-
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON CREATING A
NEW CHAPTER 12.70 TO THE AUBURN CITY
CODE RELATING TO STREET PAYBACK
AGREEMENTS
WHEREAS, Chapter 35.72 of the Revised Code of Washington allows
local agencies to enter into contracts for the reimbursement of public road
improvements by properties benefiting from the completion of such road
improvements, and
WHEREAS, public improvements can be completed by private
development, the City or a combination with all contributing parties eligible to
receive reimbursement; and
WHEREAS, it is in the best interest of the City to adopt an ordinance to
allow the use of these types of contracts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That a new Chapter 12.70
to the Auburn City Code, relating to "Street Payback Agreements," is created to
read as follows:
Chapter 12.70 I eT~r►nn"~QCSTREET PAYBACK AGREEMENTS
L!"►1 vVVl~lv1\V
Sections
12.70.010 Purpose.
12.70.020 Definitions. 1 ~ 7n fl'2n 0 r,r,lir►~+inn form
1 ~ ~~~12 70.:030. City funding.
Ordinance No. 6319
June 13, 2010
Page 1 of 7
12.70.~F~040 Riyh+~ ~nrl nnnli~hili+y of +ho r►i+y Agreement not Mandatory. VVV 1 \1 I ITV 411141 I IV111141N111~ VI LI IV V1~ „a
r1G;f1 (_'i iirlolino~ o~+~hli~hmon+ ~i i+hnri+v ~ 12.70.v~~050 VLi141V1111V~.7 vvr,ul✓rrvllr~°vrl>,°uur,rYVlltiy"':City Engineers Authority.
12.70.060 Application.
12.70.070 Application -Contents.
12.70.080 Costs eligible for reimbursement.
12.70.090 Formation of reimbursement area.
12.70.100 Contract execution and recording.
12.70.110 Implementation of Agreement.
12.70.010 Purpose.
The purpose of this chapter is to provide a mechanism to reimburse an eligible
applicant and/or the City for ~~~±costs associated with the construction of public
street system improvements. This chapter is intended to implement and thereby
make available to the public the provisions of chapter 35.72 RCW as presently
~~n~+~+~ ~+o~adopted or as may be subsequently amended. VVIIV~I~u~Vbl
12.70.020 Definitions.
1. Use of Words and Phrases. As used in this chapter, unless the context or
subject matter clearly requires otherwise, the words or phrases defined in this
section shall have the indicated meanings.
2. "Assessment reimbursement area" means all real properties that will
benefit from a street system improvement.
3. "Street system improvements" means such improvements to the public
street transportation facilities including, but not limited to, paving, installation of
curbs, gutters, storm drainage, sidewalks, street lights, right-of-way landscaping,
traffic signals, and traffic control signs and markings.
4. "Applicant" means the owner, developer, ~n!or building permit applicant
who is required by any ordinance of the City, or as the result of review under the
State Environmental Policy Act, or in connection with any discretionary decision
of the City Council to construct street system improvements which do not abut
the development site.
5. "Street !~tec^n~e~payback agreement" means contracts authorized by
chapter 35.72 RCW and this chapter, as presently L~nsL~tute~adopted or as may
be subsequently amended, for street system improvements.
12.70.030 a rr!;~~~;~n, Moved deleted text to 12.70.060)
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Ordinance No. 6319
June 13, 2010
Page 2 of 7
~ ~ City funding.
The City may participate in funding of an applicant's required street system
improvements or may enact a street !~~~~~m~rpayback agreement for a City
funded street improvement project following a public hearing and Council
approval as specified in this chapter.
~ ~■~nn~n R~~ht~ -~^~!~,~~~!~ty the ~~ty 12.70.040 Agreement not
Mandatory.
The City Council reserves the right to refuse to enter into any street
!~~~~^m~rpayback agreement or to reject an application therefore. A!! ~N,~!!c~~;^ns
fnr latornmor ~nroam~ntc ara marl~a ~n the hack that the annlir►ant ral~ac~ac and 5n~a~a~,ac. IVI IVt~VVVI l IVI VI VII VVI I IVI ITV Vtl V 111V4VIV V11 LI IV NV4VIV ~111.A~ LI IV V1`./~.,/IIVVII
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12 70 -~~~-~~~~~-~~~~~050 City Engineer's authority ■ ■VVV VWIL~\/Ii11~/~7 ~/~7LRNi1~71ii1141IL ■
The City Engineer shall establish administrative rules, regulations, policies,
and procedures necessary to implement the provisions of this chapter and is
authorized and directed to execute !~~~~~m~~payback agreements for public
street system improvements upon Council approval.
12.70.060 Application.
An applicant required to construct street system improvements on public
rights-of-way may apply to the City to establish a street payback agreement for
recovery of a pro rata share of the costs of constructing the street system
improvements, from the property owners of record who will subsequently derive a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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benefit from the improvements. e~roof I~~onnmor nrrroomonf mom„ ov~onrl fnr n r,orinrl
of i in fn 1 F ~ic~r~ frnm fho rl~~o of find ~~r►cnf~nr+o h~i fho ~if~i ~nr) fho ror►n~icr~i ~h~ll ho VI N~./ lV I V r VUI V II VI I I ~I IV \AG./~V VI III I{.ll {..1VVVI.J~411 IVV N~
LI IV VI~~ {.ll IV1 ~I IV I VVV Y VI ~ VI I{.111 NV n~~irrncrl fn rl In ~nri+h +ha I~nrJ (Moved deleted text to 12.70.070)
VIVVIyI IVVI 1 NI 1 YY1~11 LI IV IVII IVI.
12.70.070 Application -Contents.
Applications for a street !~Le~~~m°rpavback agreement may be made to the City
after construction of the street system improvements have been completed and
shall include the following items: 1. A nonrefundable application fee in an amount as indicated in the City's fee
schedule.
2. Itemization of all costs of the project including, but not limited to, design
engineering, permitting, property acquisition, construction engineering, contract
administration, surveying, and construction costs associated with the street
system improvements.
3. A map and legal description identifying the proposed boundaries of the
assessment reimbursement area and each separately owned parcel within such
Ordinance No. 6319
June 13, 2010
Page3of7
area and include the applicable amount of area and/or front footage of the
property. Such map shall identify the location of the project in relation to the
parcels of property in such area.
4. A proposed assessment reimbursement roll stating the proposed
assessment for each separate parcel of property within the proposed
assessment reimbursement area as determined by apportioning the total project
cost on the basis of the benefit of the project to each such parcel of property
within said area.
5. A complete list of record owners of property within the proposed
assessment reimbursement area certified as complete and accurate by the
applicant and which states names and mailing addresses for each such owner:
6. The applicant's acknowledgement that the street payback agreement may
extend for a period of up to 15 years from the date of final acceptance by the City
and the recovery shall be assigned to run with the land.
The applicant's acknowledgement that approval of the street payback
agreement will be conditioned on the applicant agreeing to waive any claims for
liability of the City in establishment and enforcement of payback agreements,
including an acknowledgement that the City is not responsible for locating a
beneficiary or survivor.
12.70.080 Costs eligible for reimbursement.
The Council may provide for the reimbursement of all or part of the costs
advanced by the City funds and/or applicant for such street system
improvements, including:
1. The design engineering, permitting, property acquisition, construction
engineering, contract administration, surveying, and construction costs
associated with the street system improvements.
2. The cost of all advertising, mailing and publishing of notices;
3. The cost of legal services and any other expenses incurred by the City in
connection with such construction or improvement and in the financing thereof,
including the issuance of any bonds;
4. City costs of administering the agreement.
5. Out-side professional services as applicable.
Costs eligible for reimbursement to the applicant shall not include required
frontage street improvements that would have been normally required of the
applicant per ACC Chapter 12.64A.
12.70.090 Formation of reimbursement area.
1. If the City Engineer finds that the request ~~~;~;~n~complies with
the requirements of this Chapter, a public hearing of the City Council shall be set
for consideration of ~ ~r~f±an ordinance approving the Street Payback
Agreement. The draft ordinance shall constitute the preliminary determination on
the assessment reimbursement area and method of assessment as
recommended by the City Engineer.
Ordinance No. 6319
June 13, 2010
Page 4 of 7
2. A notice of hearing on the proposed ordinance shall be published no less
than twenty (20) days before the date of the hearing in a newspaper of general
circulation in the area of the assessment reimbursement area.
3. A notice of hearing shall be given to each owner of record of each lot, tract
or parcel of land or other property within the proposed reimbursement
assessment area by mailing by certified mail, ;;~±;~o ouch v~v-n°r as shown
on the tax rolls of the county treasurer. The notice of hearing shall be mailed not
less than twenty (20) days before the date of the hearing.
4. The notice shall refer to the proposed ordinance and designate the
proposed assessment reimbursement area by number and include the
information specified in e' ihenrfinn R of fh.e enrfinnl2 70 0.70.. VNNVVV~IV1 1 ✓ VI LI IIV V4V~IV1 1
On the date and at the time specified in the notice the Council will conduct
a hearing and listen to testimony as it relates to the desirability and the
sufficiency of the proposed assessment reimbursement area and methods of
calculating reimbursement assessments and the amounts thereof. The Council
may continue the hearing to allow for further information to be provided. 1,~nlhon th°
rni inril h~~ rJoforminorJ ~hn~ ~rlorvi i~~a infnrmn~inn hn~ heron nrn~iirlor) if r~n~i rln~a ni ihlir VV4tI IVII 1141V `AVwI I I III IV41 ~114t~ 414tV4IN4t~V II IIV11114t~IVl I 1141V
NVVI I f✓I V Y 14tV41 IL I I141~ VIVVV `./41NIIV
+c~fimnnv ~4rV~1111V11Y.
5. Following the hearing, the Council may adopt an ordinance which
establishes the assessment reimbursement area, determines the amount of the
reimbursement assessment to be charged to each lot, tract or parcel, and
provides for the payment and collection of such assessments.
I 7 Tho r►if~i r►ni inril'e n ilinn nn +hcea m~ffcr~ i~ rlc+crmin~~i~~c nnrl final 1 1 1 1V \l1~Y \./x,/4,1 1./11 V 141111 1bl ~,/1 1 ~1 1t/~.7\.I 11141~~t/1 1~.7 41t/~~/1 11111 1411
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12.70.100 Contract execution and recording.
Within thirty (30) days of final City Council approval of Nn u~~n~~Im~n#
ro~mhNrvv"~°vi i~a street payback agreement, the applicant shall execute and
present such agreement for the signature of the appropriate City official.
Tho I~+ornmor ~nroomcn+c The payback agreement shall) be recorded in the 1 1 1 V 14l ~ 1 1 1 1 u bl 1 \.I \.I 1 1 1 t/ 1 1 ~
King or Pierce Co. unty Department of Records, as appropriate., yY-;th;n ±h;rty ;3n~
cl~~ie of fho final ovor+i i~inn of fho ~rrroomon~ rnnnr~l~~ ~n~i~Fh +h~ rcan~ ~ircamcan~Fe v~ur r r~,.r..~ Wrr irr r r.r r~.. r ~..~uri ~i r rr,..~ rti:i+
of fhi~ ~i ih~or++inn i~ nrni inrl~ far i inil~+cr~l ro~r►i~~inn of +ho ~rrroomon~ h~i fha r►i~~i VI LI IIV V4INVVV~IV11 IV 411 V41114+V IVI 41111141~V1 {.AI 1 VVVIVVIVI I VI LI IV 41411
VVI1IV11~ N~ LI IV VI~Y.
Once recorded, the !~i°vul°rpavback agreement is binding on property owners
of record within the assessment area who are not party to the agreement.
12.70.110 Implementation of Agreement.
A. All owners of properties forwhich a street !~±eccmerpavback agreement is in
force and who have not previously paid their fair share will be assessed the
charge as provided in the agreement at the time they receive benefit from the
street system improvements. Benefiting properties are those properties
engaging in activities described in section ACC 12.64A.20. The -!~iv°-V1nJlr11.°rpavback
assessments shall be based on the costs and methodology identified in the
approved street !~±°vvci i~°vrpayback agreement. Latecomer assessments shall be
paid in full before the City issuance of any such permits.
Ordinance No. 6319
June 13, 2010
Page5of7
B ...Monies collected by the City will then be reimbursed to the Applicant at six
(6) month intervals for the duration of the agreement. The Applicant is required to
provide changes of address or ownership not later than the anniversary date of
the signing of the agreement. If the applicant fails to update its address or
ownership, the City is not responsible for not remitting payments.
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 3. 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.
Section 4. 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.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYO R
ATTEST:
Ordinance No. 6319
June 13, 2010
Page 6 of 7
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Published:
Ordinance No. 6319
June 13, 2010
Page7of7