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Ordinance 32460006.900000 WSS /gjz 03/29/99 ORDINANCE NO. 3246 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF SECTION 19.05.050(B) BY THE REPEAL OF SECTIONS 2 AND 3 THEREOF, AND THE ENACTMENT IN THEIR PLACE OF A NEW SUBSECTION 2, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the current provisions of Section 19.05.050 Building Permits -- Earth Subsidence and Landslide Hazard Areas requires property owners to maintain for a period of not less than ten years, insurance to protect third parties and the City from harm in the event of earth movement from their property, and WHEREAS, the City's experience since the passage of the ordinance requirement indicates that only those property owners who maintain a business in their home or otherwise have access to business insurance, can obtain such a policy and that otherwise, such policies are not reasonably obtainable within the State of Washington at the present time, and WHEREAS, the City Council wishes to provide a level playing field for all applicants, noting that between one -half and two- thirds of permittees have had insurance requirements waived due to the difficulty or impossibility of obtaining such public liability insurance, and WHEREAS, while repealing this ordinance, the City Council wishes to give notice to affected property owners that City staff investigating the development of City purchased insurance, insurance pooling, liability pooling and other arrangements which may be funded by 228596 -1- special stormwater utility charge on the Earth Subsidence and Landslide Hazard area, and WHEREAS, the City Council deems it appropriate to repeal the insurance provision pending such other changes in order to equally and fairly treat all applicants for building permits within the area, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds Community Development Code, Section 19.05.050 Bonds and Public Liability Insurance is hereby amended by the repeal of subsections B. 2 and B. 3 and the enactment in their place of a new subsection 2 of paragraph B to read as follows: 19.05.050 Bond and Public Liability Insurance B. Insurance. 2. The City strongly recommends that each property owner maintain policies of insurance adequate to provide sufficient funds to indemnify and hold harmless third parties and the City of Edmonds in the event of earth subsidence or landslides emanating from or across the owner's property. Notice is hereby provided that in the budget year 1999, the City Attorney, the Administrative Services Director and the Risk Manager have been directed to investigate liability and insurance pooling and other arrangements to provide assurance to the City and neighboring property owners that funds will be available for clean -up and repair of public and private facilities damaged by slides emanating from the owner's property. 228596 -2- Section 2. Effective Date. This ordinance, being an exercise of a power specifi- cally 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. APPROVED: MAYOR, .....• ATTEST /AUTHENTICATED : ,D • L�ia.�i. CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY ) sl� FILED WITH THE CITY CLERIC' 04/02/99 PASSED BY THE CITY COUNCIL: 04/06/99 PUBLISHED: 04/11/99 EFFECTIVE DATE: 04/16/99 ORDINANCE NO. 3246 228596 -3- SUMMARY OF ORDINANCE NO. 3246 of the City of Edmonds, Washington On the 6th day of April, 1999, the City Council of the City of Edmonds, passed Ordinance No. 3246. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF SECTION 19.05.050(B) BY THE REPEAL OF SECTIONS 2 AND 3 THEREOF, AND THE ENACTMENT IN THEIR PLACE OF A NEW SUBSECTION 2, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 7th day of April, 1999. CITY CLERK, SANDRA S. CHASE STATE OF WASHINGTON. 1 COUNTY OF SNOHONIISH, )r On the 6th day of April, 1999 the City Council of the City of Edmonds, passed Ordinance No. 3246. A summary of the content of said ordinance, consisting of the title, Provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,1 AMENDING THE PROVISIONS OF SECTION 19.05.050(8) BY THE REPEAL OF SECTIONS 26 AND 3 THEREOF, AND THE! ENACTMENT IN THEIR PLACEi OF A NEW SUBSECTION 2, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 7th day of April, 1999. CITY CLERK, SANDRA S. CHASE Published: April 11, 1999. -- B -2 -1 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 ......... ............................... Summary of Ordinance No. 3246 .................... City of Edmonds .................................................................................. ............................... 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: April 11, 1999 .......................... ......................... ......................... ...... . ...................................................................................................................................... and that said newspaper was regularly distributed to its subscribers ..................................... ........................ Principal Clerk Subscribed and sworn to before me this ... -11th P A ri 1 9 day......... .... ................... ............................... 19......... d ... .. .......... ...... . ........................... ............... -- ... .....----- ............ Notary Public in and for the tate f Washington, residing at Everett, Snoho h Co nty. °,�0 0� aa♦. ., i A 9 ION��to. i,�i o� \ s TARN _9m :U NO m+ PuBUC ry z to. o