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ORDINANCE NO. 3363
AN ORDINANCE of the City of Port Angeles, Washington creating an
additional provision relating to right -of -way use permit fees.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN
as follows:
Section 1. Ordinance 2350, as amended, and Chapter 11.12 of the Port Angeles
Municipal Code are hereby amended by amending 11.12.120 PAMC to read as follows:
11.12.120 Application - Fee.
A. The application, including applications for renewals, shall be accompanied by the
necessary application fee, as set forth in Chapter 3.70.
B. Superceding Permits - Refund of Prior Fee. The application fee for a right -of -way
use permit paid pursuant to this section shall be refunded to the applicant in the event all of the
following conditions are satisfied:
1. A right -of -way use permit was issued to the applicant; and
2. Subsequently and within 60 days of issuing the first right -of -way use
permit, another right -of -way use permit is issued to the same or any other applicant; and
3. The subsequent permit covers a larger geographical area than the first
permit and includes the area covered by the first permit; and
4. The subsequent permit allows substantially the same use or activity as the
prior permit; and
5. A fee is collected for the subsequent permit.
Section 2. Section 1 above is intended to be remedial in nature and shall be applied
retroactively to permits issued on or after March 2, 2009.
Section 3 - Corrections. The City. Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of the scrivener's /clerical errors, references, ordinance numbering, section/subsection
numbers and any references thereto.
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Section 4 - Severability. If any provisions of this Ordinance, or its application to any
person or circumstances, are held invalid, the remainder of the Ordinance, or application of the
provisions of the Ordinance to other persons or circumstances, is not affected.
Section 5 - Effective Date. This Ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum. This ordinance shall take
effect five days following the date of its publication by summary.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 5th day of May, 2009.
ATTEST:
PUBLISHED: May 10 , 2009
By Summary
Mayor
APPROVED AS TO FORM:
William E. Bloor, City Attorney
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