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Ordinance 29980006.150.104 PAO/are 12/12/94 R: 12/13/94 ORDINANCE NO. 2998 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, DECLARING AN EMERGENCY, ENACTING AND REENACTING THE EDMONDS INTERIM CRITICAL AREAS ORDINANCE, CHAPTER 20.15(13) OF THE EDMONDS COMMUNITY DEVELOPMENT CODE FOR SIX (6) MONTHS AND REQUIRING A PUBLIC HEARING WITHIN 60 DAYS FROM THE ADOPTION OF THIS EXTENSION, AND ESTABLISHING THE EFFECTIVE DATE AS THE DATE OF ADOPTION. WHEREAS, it has recently been asserted that the City of Edmonds may not have properly adopted an extension of the sunset date of Chapter 20.15(B) of the Edmonds Community Development Code, which is the Edmonds Interim Critical Areas Ordinance; and WHEREAS, the Critical Areas Ordinance and its sunset clause were enacted prior to the date RCW 35A.63.220 was adopted and is not in the City Council's opinion subject to the statutory six (6) month limitation; and WHEREAS, if the sunset date was not properly adopted the City of Edmonds currently does not have an Interim Critical Areas Ordinance in place as required by the Washington State Growth Management Act, RCW Chapter 36.70A; and WHEREAS, if an interim critical areas ordinance is not adopted immediately the City of Edmonds will have to review development projects which could pose a serious threat to the environment without the critical areas protection as required by the Washington State Growth Management Act, RCW Chapter 36.70A; and 90140.1 -1- WHEREAS, RCW 35A.63.220 requires that jurisdiction adopting an interim critical areas ordinance without a hearing shall hold the hearing within 60 days of adoption; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Reenactment. Chapter 20.15(B) Interim Critical Areas of the Edmonds Community Development Code is hereby enacted and/or reenacted and extended and shall six months from the date of passage of this ordinance or the date upon which a new critical areas ordinance is enacted pursuant to the provisions of the Growth Management Act, whichever shall first occur. Section 2. Public Hearing Date. A public hearing shall be held on January 17 , 1995 regarding this ordinance said date being no later than 60 days after the date of adoption. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. Declaration of Emergency and Effective Date. The City Council hereby declares that based upon the findings set forth in the introductory paragraphs and legislative findings, an emergency exists necessitating that this ordinance take effect immediately upon passage by unanimous vote of the members of the City Council. 90140.1 -2- PASSED BY THE CITY COUNCIL: ATTEST/AUTHENTICATED: ':iTY CLERK, ONDA J. MARCH APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY uA' FILED WITH THE CITY CLERK: 12/13/94 12/13/94 PUBLISHED: 12/18/94 EFFECTIVE DATE: 12/13/94 ORDINANCE NO. 2998 90140.1 -3- SUMMARY OF ORDINANCE NO. 2998 of the City of Edmonds, Washington On the 13t h day of December , 1994 , the City Council of the City of Edmonds, passed Ordinance No. 2998 A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, DECLARING AN EMERGENCY, ENACTING AND REENACTING THE EDMONDS INTERIM CRITICAL AREAS ORDINANCE, CHAPTER 20.15(B) OF THE EDMONDS COMMUNITY DEVELOPMENT CODE FOR SIX (6) MONTHS AND REQUIRING A PUBLIC HEARING WITHIN 60 DAYS FROM THE ADOPTION OF THIS EXTENSION, AND ESTABLISHING THE EFFECTIVE DATE AS THE DATE OF ADOPTION. The full text of this Ordinance will be mailed upon request. DATED this 13th day of December , 199 4 . V_�,' �. 7J. MARCH R CIErVED STATE OF WASHINGTON, COUNTY OF sNOHONISH, SUMMARY OF ORDINANCE NO. 2998 al the City of Edmonds, Washington On the , 13th day of December, 1994, the City Council of the City of Edmonds passed Ordinance No. 2996. A summary of the content of said ordinance, consisting of the tills„ provides ITHE -EFFECTIVE DATE AS THE DATE OF ADOPTION. The full text of this Ordinance will be mailed upon request. DATED this 131h day of December, 1994. RHONDAJ.MARCH City Clerk Published: December 18, 1994.__ tom• Affidavit of Publication DEC 2 g 1994 EDMONDS CITY CLERK 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.ty_ .of_. -Edmonds ................................................................................... Summary of Ordinance No. 2998 . .................................................................................................................................... .......................... ............................................................. ............................................... 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: December 18, 1994 and that said newspaper was regularly distributed to its s bsc hers durin all of said pe 'od. ........................................................... ................. P ...................... Inci..al Clerk Subscribed and sworn to before me this.......19th ay—f........ Il. emb.a.r................. �.................1 199.4.... f , f Notary Public in and fort e S�dte of Washington, residing at Everett, Snoh• s C „ntv �ApTR-q`, B-2-1