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Ordinance 25910006. WSS/naa 11/17/86 ORDINANCE NO. 2591 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF ECDC 20.105.010 RELATING TO APPEALABLE DECISIONS TO ADD A NEW SUBPARAGRAPH D DEFINING "PERSON" IN ORDER TO PROHIBIT APPEALS BY THE CITY STAFF IN THEIR OFFICIAL CAPACITY AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE WHEREAS, the city finds that the filing of appeals by the city staff from decisions rendered by its architectural design review board or hearing examiner may result in a loss of public confidence and undue confusion and hardship in the appeals process, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. ECDC 20.105.010 Appealable Decisions is hereby amended by the addition of a new subparagraph D to read as follows: D. Person Defined. The word "person" as used in this section shall include any individual, part- nership, corporation, or any other entity auth- orized to sue or be sued under the laws of the State of Washington, and specifically excludes members of the city staff in their official capacity. lRo.th ng herein shall be interpreted to deprive any officer, employee or agent of the city of his or her right as a individual to appeal any decision otherwise appealable under this section. Section 2. This ordinance, being an administrative action, is not subject to referendum and shall take effect five (5) days after publication. APPROVED: MAYOR, LAW S. AUGHTEN ATTEST/AUTHENTICATED: CI CLERK, JACQUELINE PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By: FILED WITH THE CITY CLERK: November 18, 1986 PASSED BY THE CITY COUNCIL: December 9, 1986 PUBLISHED: 12/14/86 EFFECTIVE DATE: 12/19/86 ORDINANCE NO. 2591 - 2 - Affidavit of Publication STATE OF WASHINGTON, ss. COUNTY OF SNOHO1VZISH, The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ........................................ A RSON"ORDER TO SLH ARY OF ORDINANCE NO. 2591 HIBIT APPEALS BY HITIT A CITYSTAFF IN THEIR ................................... .............................................................. ..................................... ICIAL CAPACITY AND NG A TIME WHEN THE lE SHALL BECOME ECTIVE :REAS, the city finds that ng of appeals by the city 'am deusions rendered by :hitectural design review orhearing examiner may ...""""".........................."'----........................................................................................ In a loss of public confl- and undue confusin and iip inthe appeals process, a printed copy of which is hereunto attached, was published in said THEREFORE, CITY COUNCIL OF THE newspaper proper and not in supplement form, In the regular and 5F 0RbA NSHIN S DO )WS: entire edition of said paper on the following days and times, namely: ion 1. ECDC 20.105.010 155le—Decisions is hereby y e a ditlon of a ubparograph D to read as >: DECEMBER 14th 1986 Jerson Defined. The word -son as used in ihls ,, ..........................................................'.....""....................... Ion shall include any. outnorizea to We or oe suea tinderthe laws of the State of ...................................................................................................................................... Washington, and specifically excludes members of the city and that said newspaper was regularly distributed to its subscribers staff In their official capacity. Nothing preted to deprive ain lnyb officer, employee or agent of the city during all` of said period. of his or her right as an Individuol to appeal any decision otherwise appealable ^- " { .,�-.r.'- `... 1) L.i C .f.: f_:............................................. under this section. ........... :. :................................ / . Section 2. This ordinance,' Principal Clerk be'I'd'p- a' oaministrative action Is not subject to referendum anJ !' shall take effect five (5) days offer publication. 15th APPROVED: LARRY S.NAUGHTEN Subscribed and sworn to before me this .............. I............. Mayor ATTEST/AUTH E NTICATED: JACQUELINE PARRETT City Clerk day of........1)ECk ETA .......................... ..... 19.... Sb """""""' APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By: W. SCOTTSNYDER FILED WITH THE CITY CLERK:....... ,< ..... .;,:... .:......................................r, .:.:. .......... .:.....:.....--'=""••' November 18 1986. PASSED BY fHE CITY Notary Public in and for the State of Washington, COUNCIL: December 9, 1986. IVE DATE: December residing at Everett, Snohomish County. 9 19C ORDINANCE NO: 2591 Published: December 14, 1986. B-2-1