HomeMy WebLinkAboutO-2547 - Amends Sec. 12.02A.090(5), street frontage improvements (12.02A).'
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CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE No;).9-f7
AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON
AMENDING MMC 12.02A.090(5)RELATING TO STREET FRONTAGE
IMPROVEMENTS AND AUTHORIZATION OF MAYOR TO REVIEW,
EXECUTE AND SIGN CONTRACTS FOR DEFERRED CONSTRUCTION OF
CURBS,GUTTERS AND SIDEWALKS PURSUANT TO THIS CHAPTER.
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON
DO ORDAIN AS FOLLOWS:
Section I.
MMC 12.02A.090(5) is hereby amended to read as follows:
(5) The Director of Community Development or designee shall have authority to grant
administrative variances from any of the requirements of this section pursuant to MMC
12.02A.120. Such variances shall be conditioned upon the property owner signing a
contract providing for the construction of the frontage improvements at a future time.
Said contract shall include, but not be limited to the making of a cash deposit with the
City in an amount equal to the estimate of the City Engineer of the cost of said
improvements, including design cost, plus an administrative overhead fee of 15%. No
other form of payment or security shall be authorized. Inthe event the frontage
improvements are not constructed by the property owner within five (5) years of the
grant of a variance, the cash deposit shall be forfeited to the City. If said frontage
improvements are constructed by the property owner at the request of the City within
five years of the grant of a variance, said cash deposit shall be refunded to the property
owner less the 15% overhead fee. Said contract shall be subject to the approval of the
City Attorney and shall contain such other provisions as are necessary to effectuate the
future construction of such frontage improvements. The refusal of a property owner to
enter into such agreement or to post a cash amount as specified herein shall be a basis
to deny a variance request and shall require the construction of such frontage
improvements in accordance with MMC 12.02.A.090(1)-(4).
The Council authorizes the Mayor to review, execute and sign CONTRACTS FOR
DEFERRED CONSTRUCTION OF CURBS, GUTTERS AND SIDEWALKS
pursuant to this chapter.
Any party aggrieved by a decision of the Director of Community Development or City
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Engineer may appeal the decision pursuant to MMC 12.02.A.120(4).
Section 2.Severability.If any section,subsection,sentence,clause,phrase or
word of this ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction,such invalidity or unconstitutionality thereof shall not affect the validity or
constitutional ity of any other section,subsection,sentence,clause, phrase or word of this
ordinance.
PASSED by the City Council and APPROVED by the Mayor this ~day of
November,2004.
CITY OF MARYSVILLE
ByD~ri ~
DENNIS KENDALL,Mayor
ATTEST:
Approved as to form:
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Date of Publication:11-J()-0 Lf
Effective Date (5 days after publication):
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