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ORDINANCE NO. 5 9 0 3
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTION 13.40.060 OF THE AUBURN CITY CODE,
DESIGNATING THE CITY ENGINEER AS THE
PERSON RESPONSIBLE FOR EXECUTION OF
PAYBACK AGREEMENTS
WHEREAS, the current provisions of the Auburn City Code designate the
Public Works Director as the official authorized to execute payback a!~reements;
and
WHEREAS, it would be advantageous for City operations to designate the
City Engineer rather than the Public Works Director as the City official authorized
to execute payback agreements for and on behalf of the City.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Amendment to City Code. That Section 13.40.060 of the
Auburn City Code Chapter is hereby amended to read as follows:
13.40.060 Payback agreement.
A. The fJuþlic works diroctor citv enQineer is authorized and directed to
execute payback agreements for public utilities as defined in ACC 13.40.015 at the
request of the developer upon city council approval. The agreement shall be
executed in conformance with the facility extension requirements of this chapter.
B. The payback reimbursement charge to other properties shall be
based on the total project cost, figured on a front foot or area assessment basis, or
other equitable method, as determined by the city, or any combination of these
methods at the reasonable discretion of the public works diroctorcitv enc¡ineer. The
project costs may include all applicable design and construction charges of the
project submitted by the developer and approved by the city.
C. All properties connecting to a public utility system for which a
payback agreement is in force and which property has not been assessed the
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Ordinance No. 5903
February 22, 2005
Page 1
connection fee as provided in the payback agreement or has not borne an
equitable share of the costs of such public system shall be subject to a payback
connection charge. The connection charge shall be based on a pro rata share of
the costs as stated in the payback agreement, at the reasonable discrE~tion of the
public works directorcitv enoineer and approved by the city council. Payment of
the payback charge shall be made in full to the city prior to connecting to the public
utility system. (Ord. 5791 § 4, 2003; Ord. 4759 § 1, 1995.)
Section 2. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of
this ordinance.
Section 3. Severabilitv. If any portion of this Ordinance or its application
to any person or circumstances is held invalid, the remainder of the Ordinance or
the application of the provision to other persons or circumstances shall not be
affected.
Section 4. Effective date. This Ordinance shall take effect and be in force
five (5) days from and after its passage, approval and publication, as provided by
law.
INTRODUCED:
PASSED:
APPROVED:
MAR 7 21115
MAR 7 zœf¡¡
MAR 7 -
C?~>
J
PETER B. LEWIS
MAYOR
ATTEST:
.lJdddt~~
Danielle E. Daskam, City Clerk
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Ordinance No. 5903
February 22, 2005
Page 2
PUBLISHED: 3 -/I--().s-
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Ordinance No. 5903
February 22, 2005
Page 3