§ 19.46.080. Modification or termination.

(a)

Proceedings upon modification or termination.

(1)

If, upon a finding under section 19.46.070, the city determines to proceed with modification or termination of the agreement, the city shall give notice to the developer of its intention to do so. The notice shall contain:

a.

The time and place of the public hearing, which shall be conducted by the city council;

b.

A statement as to the proposed action to either terminate or modify the development agreement; and

c.

Other information which the city considers necessary to inform the developer of the nature of the proceeding.

(2)

The proceeding shall be conducted in compliance with chapter 19.40 entitled "Notices." Nothing in this section shall prevent a request by the developer for modification or termination of the development agreement. However, said proceedings shall also be conducted in compliance with this section.

(b)

Hearing on modification or termination. At the time and place set for the public hearing on modification or termination, the developer shall be given an opportunity to be heard. If the request for modification or termination is received from the developer, the city council may refer the matter back to the planning commission for review and written recommendation. The city council may impose those conditions to the action it takes as it considers necessary to protect the interests of the city. The decision of the city council is final.

(Ord. No. 934-2015, § 19.46.080, 7-20-2015)