Ordinance 25770006.19019
WSS/naa
07/17/86
R: 7/28/86
ORDINANCE NO. 2577
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING SECTION 18.70.040 RELATING TO THE
REVIEW OF STREET USE PERMITS TO INCLUDE A RE-
QUIREMENT OF AN ADEQUATE POLICY OF INSURANCE,
AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, the temporary use of the public right-of-way
for various private purposes may increase the public liability of
the City, and
WHEREAS, the City has required by administrative policy
adequate proof of insurance prior to issuance of such permits,
and
WHEREAS, the Council finds that when private parties
impact public liability, that liability should be adequately
insured to avoid negative impacts to the public safety and
welfare; NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. ECDC Section 18.70.030 REVIEW relating to
the review of street use permits is hereby amended to read as
follows:
18.70.030 REVIEW
A. Architectural Design Board. Any application for a
permit to construct, erect or maintain an awning,
marquee, sign or any structure in a public place
shall be referred by the Community Services
Director or his/her designee to the Architectural
Design Board. The Board shall review the plans
and specifications as they relate to Chapter
20.10. Applications for mobile street vending
units shall be reviewed in accordance with Section
4.12.055 by the Architectural Design Board.
B. Issuance by Community Services Director. The
Community Services Director or his/her designee
may approve a street use permit if:
1. The proposed use will not protrude into or
over any portion of the public place open to
vehicle or pedestrian travel, provided
however, that permits may be issued for
mobile vending units properly licensed under
Chapter 4.12 of the Edmonds City Code;
2. The Architectural Design Board has approved
the proposal;
3. The proposal will not interfere with the
rights of the public; and
4. That the proposal is in the public interest,
safety and convenience.
C. Appeal. The decision of the Community Services
Director, or his designee, may be appealed to the
Hearing Examiner under Section 20.105.030.
D. Whenever in the discretion of the Community
Services Director, or his designee, the issuance
of the permit could negatively impact the public
interest by imposing a risk of liability, the
applicant may be required to provide a certificate
of insurance naming the City as a primary named
insured and providing that it shall be primary as
to any other policy of insurance in any amount
sufficient to insure the anticipated risk, or in
the event that such policy cannot be obtained, a
covenant to hold harmless and indemnify the City
which will be recorded and run with the land in a
form approved by the City Attorney.
Nothing herein shall be interpreted to permit the base
or ground support for any sign to be located upon or
attached to the ground within the public right-of-way.
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Section 2. This ordinance, being an administrative
action, is not subject to referendum and shall take effect five
(5) days after publication of the attached, approved summary.
APPROVED:
MAYOR, INAUnEN
ATTEST/AUTHENTICATED:
ITY CLERK, JACQUELINE PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CI Y CLERK: July 29, 1986
PASSED BY THE CITY COUNCIL: September 2, 1986
PUBLISHED: September 7, 1986
EFFECTIVE DATE: September 12, 1986
ORDINANCE NO. 2577
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Affidavit of Publication
STATE OF WASHINGTON,
ss.
COUNTY OF SNOHOIViISH,
AN ORDINANLt yr ,
CITY OF EDMONDS,
AMENDING
The undersigned, being first duly sworn on oath deposes and says
WASHINGTON
SECTION 18.76.040 RELAT-
ING TO THE REVIEW OF
that she is Principal Clerk of THE HERALD, a daily newspaper
STREET USE PERMITS TO
INCLUDE A REQUIREMENT
OF AN ADEQUATE POLICY
printed and published in the City of Everett, County of Snohomish,
OF INSURANCE, AND
FIXING A TIME WHEN THE
SHALL BECOME
and State of Washington; that said newspaper is a newspaper of
SAME
EFFECTIVE. .
On September 2,.1986, the City
general circulation in said County and State; that said newspaper
ouncil of the City
assed . 2577
,hich provides as follows:
has been approved as a legal newspaper by order of the Superior
Section 1. Amends ECD
Court of Snohomish County and that the notice ........................................
r'lo r� n �urance Ve Policy
reet
ise permittees and clarifies
irior language prohibiting the
ocotion of sign structures within
r�
..._ Cl 7.. _i r.. C t' �. e .. y
Section 2. Pray ides for an
efflRc rve a e of five (5) days
after publication of
this
approved summary.
The full.text of this ordinance
. will be mailed without charge to
'anyone who submits a written
request to the City Clerk of the
City. of Edmonds for a copy of
the text.
APPROVED BY THE City
Council tt1986meeting of
September 2,.
JACQUELINE G. PARRETT
City Clerk
Published: Sept. 7, 1986.
..---•........................................... .....................................................................................
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
., • nnG
......................................................................................................................................
and that said newspaper was regularly distributed to its subscribers
during Llof aid period....................4... ......................
Principal Clerk
Subscribed and sworn to before me this .........;?.t-.?;..........
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daof ................ L.�.................`..:._
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�' Not y ublic i and for the State of Washington,
res ng t Ev ett, Snohomish County.
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