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HomeMy WebLinkAbout2219 Amending Ordinance 2210 - Deferring Construction of Certain Public ImprovementsORDINANCE NO. 2zJ~ AN ORDINANCE SPECIFYING CONDITIONS UNDER ~ICH THE CONSTRUCTION OF CERTAIN PUBLIC I¥~ROVEMENTS CAN BE DEFERRED; A~NDING SECTION 5 OF ORDINANCE 2210; AND ESTABLISHING AN EFFECTIVE DATE The City Council of the City of Port Townsend makes the follow- ing findings: 1. The City Council passed Ordinance 2210 on October 9, 1990, which requires certain street and other public improvements to be made to established standards prior to the issuance of certain per- mits. 2. Since adoption and implementation of Ordinance 2210, the Council has determined that, in many cases, the construction and completion of public improvements can be deferred, but that the com- pletion of the improvements can be secured by alternative means to those set forth in Ordinance 2210, to permit construction activity to proceed in a reasonable manner. Now, therefore, THE CITY COUNCIL OF THE CITY OF PORT TO~SEND DOES ORDAIN AS FOLLOWS: Section 1. Section 5 of Ordinance 2210 is here and hereby amended to read as follows: "Section 5. If for any reason the Public Works Director deter- mines that public improvements required by this Ordinance need not be immediately constructed but may be deferred so that a building or other permit may immediately be issued, (he-e~-she) the Public Works Director may approve of the same in writing, setting forth the reasons for such deferral and the date by which the improvements are to be completed. (tm-a~em~-he-e~-she-sha½t) T0..secur~..comple- tion of the improvements, the Public Works Director may require any one or more of the following as part of approval of any such deferral: (A) a cash deposit in escrow for the anticipated costs of the improvements which shall be available to the City to do or have the work done in the event that the applicant fails to com- plete the improvements when required, under escrow instructions with a holder and in substance and form acceptable to the Public Works Director (=); or (B) (At~e~ma~¥e½yv) the Public Works Director ORDINANCE - 1 - may accept a bond or other security to cover the estimated costs of the improvements, in substance and form acceptable to the Puhlic Works Director (=); or (C) the Public Works Director may require the applicant, or such other persons who may have an interest in the land to. be. served by the improvements, to execute an agreement, with the City in form and substance acceptable to the Public Works Director, which agreement ~Ty include the following: (1) that the public improvements will be completed before any final inSpection is approved., or before issu- ance of any certificate of occupancy, whichever occurs first; (2) that construction under any building or other permit will not have the final inspection approved and a cer- tificate of occupancy will not be issued until the public improve- ments are completed; (3) that water service to the applicant's premises will be terminated and sewer service will not be permitted until the public improvements are completed; and (4) such other terms, conditions and provi- sions that the Public Works Director may determine to be necessary or appropriate to adequately secure completion of the public im- provements. Failure to comply with the terms of such ~greement shall also be deemed a violation of any building or other permit issued to the applicant and a violatio~ of this Ordinance, in which case all other penalties and remedies shall also apply." Section 2. This Ordinance shall take effect upon its passage, approval and publication in the form and manner provided by law. Read for the first, second and third times, passed by the City Council for the City of Port Tovrmsend, and signed by the Mayor this 4th day of December, 1990. Mayor Brent ~ David A. Grove, City Clerk ApproVed as to/orm: Keith C.'Harper, ~ity Attorney ORDINANCE - 2 - Passed by the City Council: Approved by Mayor: Published: Effective date: , 1990 , 1990 , 1990 1990 ORDINANCE - 3 -