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Ordinance 26400006.08006 WSS50186O WSS/naa 09/29/87 R:09/30/87 ORDINANCE NO. 2640 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 18.05 UTILITY WIRES BY THE ADDITION OF A NEW SECTION 18.05.050 TO CLARIFY THE COUNCIL'S INTENT THAT THIS CHAPTER DOES NOT PROVIDE GENERAL CRITERIA UNDER THE CITY'S ZONING CODES AND IS NOT INTENDED TO AMEND ANY EXISTING PROVISION OF ANY UTILITY FRANCHISE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE WHEREAS, the Council has enacted and from time to time amended the provisions of Chapter 18.05 Utility Wires as a part of its Community Development Code; and WHEREAS, this section provides general criteria for the exercise of the City's zoning and law use authority with regard to utilities such as Snohomish County PUD who do not have a current City franchise; and WHEREAS it was not intended that this section amend an existing provision of any franchise of the City, nor waive any right enjoyed by the City nor any obligation of any franchisee, NOW, THEREFORE FOLLOWS: THE CITY COUNCIL OF EDMONDS, WASHINGTON, DO ORDAIN AS Section 1. Chapter 18.05 Utility Wires of the Edmonds Community Development Code is hereby amended by the addition of a new section 18.05.040 Existing City Franchises Not Affected for the sole purpose of clarifying the intent and application of the ordinance to read as follows: 18.05.040 Existina Citv Franchises Not Affected. - 1 - The provisions of this chapter do not and shall not be interpreted to waive any right enjoyed by the City with respect to any franchisee, nor to waive the obligations created by any franchise. In the event that any provision of this chapter conflicts with any provision of a franchising agreement or ordinance, said franchise provision shall control. Section 2. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five (5) days after publication of the attached summary which is hereby approved. APPROVED: ATTEST/AUTHENTICATED: Y CLERK UELINE PARRET APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: IS. Rk FILED WITH THE CITY CLERK: October 1, 1987 PASSED BY THE CITY COUNCIL: October 6, 1987 PUBLISHED: October 11, 1987 EFFECTIVE DATE: October 16, 1987 ORDINANCE NO. 2640 - 2 - STATE OF WASHINGTON, COUNTY OF SNOHOMISH, GENE NDER On Nroviaes as follows: Section 1. Amends ECD( Wires eto add relating newt section sio0ns ofthelChapter areasubo dI- note to any franchise agree- ment. Section 2. Esta eblishes an The full text of this ordinance will be mailed withou anyone who .submitst charge to a written request to the City Clerk of the CRY of Edmonds for a Copy of 'he text. APPROVED. by the C(ty.� 'ouncll at their meeting of )ctober 6, 1987. JACQUELINE PARRETT City Clerk 1LED WITH THE CITY CLERK: Bober 1, 1987. ASSED BY THE CITY FFECTIVECDATE6'Oc W. ober 16, Ss. Affidavit of Publication 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 ........................................ ......................................................................................................................... •. --......... .....................................................................................................................................I 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: it ............ ..,i� ......`............. f:. ...................................... . ...................................................................................................................................... and that said njW7paper was regularly distributed to its subscribers during all pf 4id' period. _ ............. •( 4 .u_r. r........................................� ... 1..fi. c 1 2....::....... Principal Clerk Subscribed and. -sworn to before me this ..... '/a✓ ............. ,.. day Of...... 1 4 2 ,a ............. :. 19 .e G( N tjryPubic in and for the State of Washington, riing at Everett, Snohomish County. B - 2 - I