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Ordinance 4324ORDINANCE NO. 4324 AN ORDINANCE OF THE CITY OF EDMONDS REPEALING ORDINANCE 4079, WHICH CREATED A SEPA PLANNED ACTION WITHIN THE CITY'S HIGHWAY 99 SUBAREA. WHEREAS, the city council adopted Ordinance 4079, a planned action ordinance under RCW 43.21C.440, on August 15, 2023; and WHEREAS, Section 5.A of Ordinance 4079 stated: "The City shall monitor the progress of development in the designated Planned Action Sub-area to ensure that it is consistent with the assumptions of this ordinance and the Planned Action EIS regarding the type and amount of development and associated impacts, and with the mitigation measures and improvements planned for the Highway 99 Planned Action Area;" and WHEREAS, the city council has concerns about whether the mitigation measures in the Planned Action EIS are adequate; and WHEREAS, there will be an opportunity to revisit the subarea, including the utility and desirability of using a planned action in the subarea, in conjunction with the 2024 comprehensive plan update; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section I. Repealer. Ordinance 4079 is hereby repealed. Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective Date. 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 passage and publication of an approved summary thereof consisting of the title. 1 ATTEST/ AUTHENTICATED: ~~ ·~ Cla:; SCO-SEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY ~=:s:;=::~:::::::---::>- JE ~ FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. October 6, 2023 October 10, 2023 October 13, 2023 October 18, 2023 4324 2 SUMMARY OF ORDINANCE NO. 4324 of the City of Edmonds , Washington On the 10th day of October, 2023, the City Council of the City ofEdmonds, passed Ordinance No. 4324. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS REPEALING ORDINANCE 4079, WHICH CREATED A SEPA PLANNED ACTION WITHIN THE CITY'S HIGHWAY 99 SUBAREA. The full text of this Ordinance will be mailed upon request. DATED this 10th day of October, 2023. 3 Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Michael Gates being first duly sworn , upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter refeITed to , published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation 111 said County, and is a legal newspaper, m accordance with the Chapter 99 of the Laws of 1921 , as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington , by order dated June 16, 1941, and that the annexed is a true copy of EDH985695 ORDINANCE 4324 as it was published in the regular and entire is sue of said paper and not as a supplement form thereof for a period of I issue(s), such publication commencing on 10/13/2023 and ending on 10/13 /2023 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of th $20.64. Subs~ri:.._ and sworn ~e on this ,/h day o f ~ c:-rl?c-?: :l ~~ Notary Public in and for the State of Washington. ('i1y of Edmund s -LEGALAOS 11410141 6 SCO IT PAS SEY Linda Phillips Notary Public Sta le of Washinaton My Appo /n lm"11l Er.pires 8 i~9i2025 Comm o~~on /~umber 4 l 7 Classified Proof ORDINANCE SUM~r.J~Y or the City 01 Edmonds. a,fl/ngton On lh< 101h dijy or Oclotier 2023. 1he Clly Councrt or the City or Ed111onos , passed the following Ordlnanee , \he summary of said ordlt\anca consisUng or Uue Is prov ded as ronows: ORDINANCE NO. 4324 AN ORDIN AN CE OF THE CITY OF EDMONDS REPEALING OROINMICE 40 79, WHICH CREATED A $EPA PLANNED ACTION WITHIN THE CIT'l"S HIGHWAY 99 SUBAREA gfrieg~~~lofc~iT •~~::v'-2023 Published: October 13. 2023. EDH9B5695 Proofed by Phillips, Linda, 10/16/2023 11:39:47 am Page :2