Loading...
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 ------------------------------ 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 ------------------------------ 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 ------------------------------ Ordinance No. 5974 January 19, 2006 Page 3