HomeMy WebLinkAbout5995ORDINANCE 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: