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HomeMy WebLinkAbout03-06-2006 ITEM VIII-A-3CITY OF * �+ WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Date: Ordinance No. 5995 February 17, 2006 Department: Attachments: Budget Impact: Public Works Ordinance No. 5995 $ 0 Administrative Recommendation: City Council introduce and adopt Ordinance No. 5995. Background Summary: Auburn City Code 13.40, entitled "Facility Extensions," is being revised to clarify intent. W0306-3 04.11 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ 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 Item Number: VIII.A.3 AUBURN *MORE THAN YOU IMAGINED ORDINANCE 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 City 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 DefinitionsEaGkty-extensiea-deftr4ed. 13-40.015 PaybaGk agreement defined. - 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€-asilit-extension-defined. As used in this chapter_, Ordinance 5995 Date February 7, 2006 Page 1 A. "Developer" shall be defined as a person including corporations, firms, companies individuals government agencies or officials or any organization of any kind, who seeks to develop property. B. "Facility ExtensionfaGility extension" means the extension of Water and Sewer Facilities belonging to the Citya-ear-+itary-seef,-water -or-.- star-r-r+-Gfle belonging-to-t-he-e+ty-, a-city"-stFeet--er-a4;1-,-er-that-- eeteri+ned--by-the-cita�-engtaeer to be of public use. (Ord. 5791 § 4, 2003; Ord. 3375 § 2, 1979.) C. "Payback agreement" shall be defined as an agreement between the City and a Developer for the sole purpose of reimbursing such Developer for a pro rata portion of the original costs incurred by that Developer for the installation of a Facility Extension to the extent such facilities benefit future connections or developments. D. "Water or Sewer Facilities" shall be defined as storm or sanitary sewers, pumping stations, conveyance lines structures and disposal plants water mains. hydrants,..reservoirs,..or appurtenances thereto As --used- in4his--c-bapter: i • • • V WM- 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 Developers for sanitary sewer, water or storm lines within the applicable service areasfransbised-utility--areas and to all per -sons inGluding Gerperations, fiFms, applroation- for-an--agtreeme- AG-extend-a--fasitity. They engineer 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 publiG-facility extensions, ante vtreet--dr-a+r}age— aegis©e+atvd .v;*—p}an,wedevelepnaents---er--g,ated sernnanities; 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 Facilitiespebtis-et+I+ties-as-defined--+n--ACCa.3.404-95 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 Facilitiesabtie-utitit:y-system 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. PayMnt 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 FacilitiesftubliG utility system. (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. 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 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: Ordinance 5995 Date February 7, 2006 Page 4 CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Befiief B. Heid; City Attorney Published: ---------------------------- Ordinance 5995 Date February 7, 2006 Page 5