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Home My WebLink About5995ORDINANCE NO. 5995 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING CHAPTER 13.40 OF THE AUBURN CITY CODE ENTITLED "FACILITY EXTENSIONS" FOR THE PURPOSE OF REVISING CODE LANGUAGE TO CLARIFY INTENT WHEREAS, a review of the current code revealed a need to clarify the language throughout the chapter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to Citv Code. That Chapter 13.40, Facility Extensions, of the Auburn City Code be and the same hereby is amended to read as follows: Chapter 13.40 FACILITY EXTENSIONS Sections: 13.40.010 Definitions 13.40.020 Facility extension agreement - Issuance authority - Application form. 13.40.030 Design plans requirements. 13.40.050 Fees. 13.40.060 Payback agreement. 13.40.010 Definitions . As used in this chapter:; Ordinance 5995 Date February 7, 2006 Page 1 A. "Develo er" shall be defined as a erson includin cor orations firms com anies individuals overnment a encies or officials or an or anization of an kind who seeks to develo a ro ert . B. "Facilit~Extensionf~^;~;+„ ov~oncinn~~ means the extension of Water and Sewer Facilities belon in to the Cit ~~ar~ita~r sea~er, ~ara~er -o~ storm line be~o~~+-~g..._tc~_ t~e-~+ty~;_~a...c.a~~ ~str~et...~r....alde~,__ar- _tl~a~_ dete~m ined- k~y...~.l~e..ci~.~...engi~ee~ #-e-h .(Ord. 5791 § 4, 2003; Ord. 3375 § 2, 1979.) C. "Pa back a reement" shall be defined as an a reement between the Cit and a Develo er for the so~e ur ose of reimbursin such Develo er for a ro rata ortion of the ori inal costs incurred b that Develo er for the installation of a Facilit Extension to the extent such facilities benefit future connections or developments. D. "Water or Sewer Facilities" shall be defined as storm or sanita sewers um in stations conve ance lines structures and dis osal lants water mains h drants reservoirs or a urtenances thereto. ~4~ ~sed_ i~--this chapter: ~~ ~~ por~~~-o~ #~ae-~al-c-est-~ in~u~~ed_b~r~hat d~~elope~-f~r_the i~~talla~ior~-a~-p~bla~ ~+4it~-s~~~er~s--~e-~k~e-eac#en# s~e-k~~ae+ai~ies be-nef+~--€u#ure-_co~~ectia~s:_{O~~a3a- , ; ~ , 13.40.020 Facility extension agreement - Issuance authority - Application form. The city engineer is delegated and authorized to develop, implement, execute and administer facility extension agreements with Develo ers for sanita sewer water or storm lines within the applicable service areas#~~n~h~sed--~+I+t~ ar-eas _ , , , , applica~+c3ra-~-~c3~=--~n--ag~ee~nent to-e-~~e~d--a--#acility. The cit en ineer and-~shall Ordinance 5995 Date February 7, 2006 Page 2 provide an application form for the facility extension agreement to be filled out by each applicant. (Ord. 5791 § 4, 2003; Ord. 3375 § 3(A), 1979.) 13.40.030 Design plans requirements. Plans covering the design of the facility extension shall be submitted for approval by the city upon application for the facility extension agreement, in conformance with the city of Auburn design standards. (Ord. 5791 § 4, 2003; Ord. 5144 § 1, 1998; Ord. 3375 § 3(B), 1979.) 13.40.050 Fees. The fees for publi~facility extensions, ~^~ fnr ~n„ n,-,,,~+o ~~,-oo+~ ~n,~T.,~_~,;;oq~G ~treet_._.._ d~a+~+age....... a~soe+ated-_ __wf+~~__ p~a~r~ed._.._....~~ai~_._._....t~evel~pmer~~s....__.._4~..__...gated e~rr~m~ni~ies, shall be included among the facility extension fees as established in the city of Auburn fee schedule. (Ord. 5819 § 3, 2004; Ord. 5791 § 4, 2003; Ord. 3375 § 4, 1979.) 13.40.060 Payback agreement. A. The city engineer is authorized and directed to execute payback agreements ~ for Water and Sewer Facilitiespublie--~+t~ai#ie~--as--de~~r~ed--ir~--A~C---1-3:40:-0-~-5 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 city engineer. 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 Water and Sewer Facilities for which a payback agreement is in force and which property has not been assessed the 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 discretion of the city engineer and approved by the city council. Payment of the Ordinance 5995 Date February 7, 2006 Page 3 payback charge shall be made in full to the city prior to connecting to the Water or Sewer Facilitiesp~bdi~-~~+4it~- sys~emn. (Ord. 5903 § 1, 2005; 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 legislation. Section 3. Severabilitv. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. DATED and SIGNED this ~` day of ~(1(~~vC~-- , 2006. MAR - 6 2006 INTRODUCED: PASSED: APPROVED: MAR - ~ 2006 ~A~ - ~ 2006 Ordinance 5995 Date February 7, 2006 Page 4 CI O BURN ~ C_ ~ ~ PETER B. LEWIS MAYOR ATTEST: ~1 ,~ ~~~r~~-~~~~~'~v~~ Dan' Ile E. Daskam, City Clerk City Attorney Published: I~c1~c.~r~ ~ Z ~ 7.~~`~~ Ordinance 5995 Date February 7, 2006 Page 5 APPROVED AS TO FORM: