HomeMy WebLinkAbout43141
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ORDINANCE NO. 4 3 1 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON,
AMENDING ORDINANCE NO. 3864, TO INCREASE THE MAXIMUM TERM
FOR PAYBACK AGREEMENTS TO CONFORM TO STATE LAW.
WHEREAS, the City Council of the City of Auburn adopted by reference the
"Developer's Public Facility Extension Manual for Sanitary Sewers, Water,
Storm Sewers and Streets" by passage of Ordinance No. 3864 on April 4, 1983;
and
WHEREAS, said Extension Manual allowed for a Pay -Back Agreement to reim-
burse owners who have put in utility facilities by collection of a share of
the cost from owners who subsequently tap into the facilities; and
WHEREAS, the Extension Manual provided that the Pay -Back Agreement be
limited to a 10-year term even though the authorizing statute allows for a
15-year term;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Ordinance No. 3864 as passed by the City Council on April 4,
1983 and which adopted by reference the "Developer's Public Facility
Extension Manual for Sanitary Sewers, Water, Storm Sewers and Streets"
hereafter referred to as "Extension Manual", is hereby amended, in each and
every reference to the "Payback Agreement" to allow for that agreement to
provide for a reimbursement time period not to exceed 15 years rather than
the maximum period of 10 years provided in the current "Extension Manual".
The "Extension Manual" is specifically amended as follows:
A. That the agreement entitled Agreement for Developer Public Facility
Extension be amended in Section XII entitled Payback Agreement
Execution and Recording subsection (d) as follows:
(d) That the Payback Agreement will continue for a period of
((})) up to fifteen (15) years from the date of the
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Ordinance No. 4314
Page One
11/14/88
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agreement wherein the City will agree to reimburse the Owner
and/or his assigns in accordance with this agreement for the
pro rata share of its cost of construction for said lines and
improvements. The specific term of the Payback Agreement shall
be in the discretion of the Cit Council. After the expiration
of the Payback Agreement years,)) the City shall
be under no further duty to the Owner to collect monies or to
remit said monies for connection charges to the Owner.
B. That the agreement entitled Payback Agreement, designated Exhibit 11
in the "Extension Manual" be amended in Section 2 as follows:
2. For a period of ((tee—(40))) years from the
date of recording of this Agreement with the King County
Auditor's Office, any person, firm or corporation owning real
estate and not contributing to the original cost of such faci-
lity, who subsequently taps onto or uses the same, shall pay
said for the sanitary
sewer/storm/water the sum of per foot of their
property bordering as
described above and abutting the sanitary sewer/storm/water
constructed by said
Section 2. The maximum reimbursement period of 15 years is in confor-
mity with the authorizing statute Chapter 35.91 RCW entitled the "Municipal
Water and Sewer Facilities Act", as specifically provided in RCW 35.91.020.
Section 3. The City Council may, in its discretion, extend the term of
any reimbursement agreement currently in effect to allow each such agreement
a maximum 15 year total reimbursement period.
Section 4. The Mayor is hereby authorized to implement such administra-
tive procedures as may be necessary to carry out the directions of this
legislation.
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Ordinance No. 4314
Page Two
11/14/88
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Section 5. 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: NOVEMBER 21, 1988
PASSED: NOVEMBER 21, 1988
APPROVED: NOVEMBER 21
--1989
MA�YO
ATTEST:
Robin Wohlhueter, City Clerk
APPROVED AS TO FORM:
rguerite Schellentrager, City Attorney
PUBLISHED:nFc,-pmgFg S Iggg
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Ordinance No. 4314
Page Three
11/14/88
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
I, Robin Wohlhueter, the duly appointed, qualified City
Clerk of the City of Auburn, a Municipal Corporation and
Code City, situate in the County of King, State of
Washington, do hereby certify that the foregoing is a full,
true and correct copy of Ordinance No. 4314 of the
ordinances of the City of Auburn, entitled "AN ORDINANCE."
I certify that said Ordinance No. 4314 was duly passed
by the Council and approved by the Mayor of the said City of
Auburn, on the 21st day of November A.D., 1988.
I further certify that said Ordinance No. 4314 was
published as provided by law in the Valley Daily News, a
daily newspaper published in the City of Auburn, and of
general circulation therein, on the 8th day of December
A.D., 1988.
Witness my hand and the official seal of the City of
Auburn this 24th day of January A.D., 1989.
City Clerk o the City of Auburn