HomeMy WebLinkAbout03-06-2006 ITEM VIII-A-2CITY OF
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject:
Date:
Ordinance No. 5974
February 17, 2006
Department:
Budget Impact:
_7Attachments:
Public Works Ordinance No. 5974
$ 0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 5974.
Background Summary:
The City currently has no means to require the owner of a property served by a private water well to
decommission that well when the owner requests, and is then granted, service by the City of Auburn
Water Utility. The City has no means to prevent the owner of property served by City of AuEurn water
from drilling a well on their property.
As every water well (especially a well no longer in use) is a potential pathway for contaminants to enter
the water supply aquifer, it is recommended that owners of properties served by City of Auburn water be
required to decommission existing private wells, and be prohibited from drilling new wells.
Ordinance 5974, a new section of Auburn City Code, will regulate the decommissioning and drilling of
private wells by City of Auburn water customers. The ordinance also outlines a method for transferring
existing water rights for private wells to the City when wells are decommissioned.
W0306-2
04.11
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
ElArts Commission COUNCIL COMMITTEES:
❑ Building E] M&0
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
y
El Hearing Examiner [3 Municipal Serv.
❑ Finance ❑ Parks
El Human Services E] Planning & CD
El Fire ❑ Planning
❑ Park Board ®Public Works
® Legal ❑ Police
❑ Planning Comm. ❑ Other
® Public Works ❑ Human Resources
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
—/—/
Tabled Until
Councilmember: Wagner Staff: Dowd
Meetin Date: March 6, 2006 1 Item Number: VIII.A.2
.AUBURN *MORE THAN YOU IMAGINED
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
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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. Severability. 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
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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
by law.
DATED and SIGNED this day of '2006.
INTRODUCED:
PASSED:
APPROVED:
PETER B. LEWIS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, qty Attorney
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Ordinance No. 5974
January 19, 2006
Page 3