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HomeMy WebLinkAbout5974 ORDINANCE NO. 5974 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, CREATING A NEW SECTION 13.06.150 OF THE AUBURN CITY CODE, RELATING TO CONNECTIONS TO MUNICIPAL WATER SYSTEMS WHEREAS, the Auburn City Council finds that requiring properties within the City to be connected to a municipal water supply rather than to private wells would protect the public health, safety, and welfare by reducing potential contamination to the aquifer underlying the City and by providing safe drinking water for the public. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as Follows: Section 1. That a new Section 13.06.150 is added to Chapter 13.06, Water Utility - General Regulations, to read as follows: 13.06.150 Required Connections - Existing Wells A. The owner of lands located in the City, who makes application for a short plat or preliminary plat that requires water availability from the City shall extend, at the owner's cost, the municipal water system to serve the development, provided the City permits such extension. B. The owner of lands located in the City and within 200 feet of a municipal water line, undertaking new nonresidential construction, shall connect to the municipal water system when the City permits such construction. C. The owner of lands located in the City on which a private well or wells are located, and who applies to connect to a Ordinance No. 5974 January 19, 2006 Page 1 municipal water system, shall work with the City to seek authorization from the Washington State Department of Ecology to transfer any water rights associated with the well or wells from the owner to the water service provider, or to the City if the provider does not accept the water rights. The owner of permitted water rights may seek compensation from the transferee under mutually agreed upon terms. Any such compensation paid by the City shall be based upon the value of the water, as determined by the City, made available to the City under such a transfer. Regardless of whether the Department of Ecology allows such a transfer of water rights, the well or wells shall be decommissioned in accordance with Washington State Department of Ecology requirements prior to connection to a municipal water system. D. The owner of lands located within Auburn's water service area that apply to connect to the Auburn water system shall sign a service agreement prohibiting the installation of an irrigation well or wells on their lands for which service is provided. E. The applicability of Subsection C to lands designated as Proposed Special Planning Areas shall be reviewed by the city engineer on a case by case basis. After review the city engineer may exempt the Proposed Special Planning Area from the requirements of Subsection C. 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 Ordinance No. 5974 January 19, 2006 Page 2 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 bylaw. DATED and SIGNED this (o1JJ- day of'---(V\ ovce-, ,2006. INTRODUCED: PASSED: APPROVED: MAR - 6 2006 MAR - 6 2006 MAR - 6 2006 ~ PETER B. LEWIS, MAYOR ATTEST: !J&t'c);~~~ Danlelle E. Daskam, City Clerk APPROVED AS TO FORM: \--'L~\)~~ :i\.-el '. {Y\~,V"J,- \ 2. \ 2-c:o,6 Ordinance No. 5974 January 19, 2006 Page 3