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Home My WebLink About3510 ORDINANCE NO. 3 5 1 0 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, CREATING A "UTILITY SYSTEMS DEVELOPMENT CHARGE" FOR THE PURPOSE OF COLLECTING A PORTION OF THE COSTS OF INCREASING THE CAPACITY OF SEWER AND WATER FACILITIES UPON PROPERTIES LOCATED WITHIN AND WITHOUT THE CITY OF AUBURN, WASHINGTON, WHICH CREATE NEED FOR THOSE FACILITIES. WHEREAS, after appropriate and lengthy review and consideration by the Auburn City Council Utility Committee, reception of comments and criticisms of interested persons and the general public, the City Council of the City of Auburn, Washington, has determined that it is reasonable to enact and impose a "utility systems development charge" for the purpose of collecting a portion of the costs of increasing the capacity of sewer and water facilities upon properties located within and without the city limits of the City of Auburn, Washington, which create need for those facilities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS; Section 1. PURPOSE. The City Council of the City of Auburn, Hashington, has determined that it is reasonable and in the public interest to enact and impose a "utility systems development charge" for the purpose of recovering a fair share of the costs of additional capacity sewer and water facil Hies from those properties, located within and without the city limits of the City of Auburn, Washington, which as part of their development and use create needs for those facilities. The City Council finds that the public would benefit from a logical long-range approach to the fi nanci ng of necessary centra 1 facil i ti es. Experi ence has demonstrated that the lack of such provision casts an unfair and unexpected burden on taxpayers and residences in the form of taxes, bond interest costs and assessments when core or central facilities become inadequate causinc¡ a crisis. Operating from crisis to crisis is wasteful, unsafe and no longer an acceptable method of local government; and debt financing should be minimized wherever possible. The "utility systems development charge" herein described is designed and calculated to be of such amount as will eventually create reasonable reserves to pay the public's fair share of basic and essential services facilities as the needs arise. ---------------------- Ordinance No. 3510 Page One 4-22-80 - 4-30-80 Section 2. DEFINITIONS. As used in this Ordinance, unless the context otherwise requires; "Extra capacity facilities" include but are not limited to; a. For water - participation in pump stations, standby generators, reservoi rs, and 1 arge transmi ssi on 1 i nes needed to improve fi re flow and pressure. b. For sewers - participation in lift stations, force mains, large trunk lines needed to improve capacity or eliminate a storm and sanitary sewer cross connection. "Utility systems development charge" is for the purpose of collection a portion of the costs of increasing the capacity of sewer and water facilities upon properties located within and without the city of Auburn, Washington, which create need for those facilities. Section 3. UTILITY SYSTEMS DEVELOPMENT CHARGE IMPOSED; RATES; REVIEW. 1. A utility systems development charge is imposed upon all lands in the City, all lane!;owned by the City but outside the boundary of the City, and all lands outside the boundary of the City which utilize either water facilities or sewer facil ities or both of the City, except those lane!; exempted under this Ordinance, at the following rates: Meter Size 3/4 inch 1 inch 1-1/2 inch 2 inch 4 inch 6 inch Water Sewer Cost/Meter Cost/Meter $ 400 $ 200 1,000 500 1,800 900 2,800 1,400 8,600 4,300 15,800 7,900 2. The utility systems development charge imposed shall be reviewed annually by the City Council and the·rates of charges shall be revised to reflect changes in costs of construction occurring since the preceding review. ---------------------- Ordinance No. 3510 Page Two 4-22-80 4-30-80 Section 4. COLLECTION. The utility systems development charge is immediately due and payable upon, and concurrently with the issuance of a valid building permit or a valid permit for connection to the sewer or water system of the City, whichever occurs fi rs t. Section 5. CREDITS. Credits will be granted under the provisions of this Ordinance as set forth in written agreement, recorded in the King County Auditor's Office, as negotiated between the land developer and the Auburn City Council Utility Committee and as ratified by the Auburn City Council. Section 6. SEGREGATION AND USE OF REVENUES. All funds deri ved from the util i ty systems development char!Je are to be segregated by appropriate approved accounting practices from all other funds of the City, that portion of the utility systems development charge calculated and collected on account of sewers shall be used for no other purpose than install ing, constructing, and extending extra capacity sewer facilities; and that portion of the uti 1 i ty systems development charge ca 1 cul ated and coll ected on Ôlccount of water shall be used for no other purpose than installing, constructing, and extending extra capacity water facilities. Section 7. APPEALS. Any person who is aggrieved by any decision required or permitted to be made by the Public Works Director under this Ordinance may appeal that decision to the Auburn City Council Utility Committee by filing a written request with the Auburn City Clerk, describing with particularity that portion of said decision of the Public Works Director from which the person appeals. Said written appeal shall be filed within ten (10) days from the date of the issuance of the written decision by the Public Works Director. Thereafter any person who is aggrieved by any decision of the Auburn City Council Utility Committee may appeal that decision to the entire Auburn City Council by filing a written request with the Auburn City Clerk describing with particularity that portion of said decision of the Auburn City Council Utility --------------------- Ordinance No. 3510 Page Three 4-22-80 4-30-80 Committee from which the person appeals. Said written appeal shall be filed within ten (10) days from the date of the issuance of the written decision by the Auburn City Council Util ity Committee. Fai 1 ure to so fi 1 e sa i d written appeal withi n ten (10) days shall bar any further appeals on that decision thereafter'. In determining the appeal, the Auburn City Council Utility Committee or the entire Auburn City Council shall determin whether the Auburn Public Works Director's decision or the Auburn City Council Utility Committee's decisions were correct and may affirm, modify, extend, or overrule either of those decisions. Section 8. SCOPE. The utility systems development charge provided for in this Ordinance is separate from and in additi on to any appl i cab 1 e tax, assessment charge, or fee otherwise provided by law. Section 9. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided b)' law. INTRODUCED: PASSED; APPROVED; MAY 5, 1980 r~AY 5, 1980 MAY 5, 1980 ATTEST; (ktk ¡J 7llc ~~ Cit Clerk Ci ty Attorney MAY 9, 1980 ---------------------- Ordinance No. 3510 Page Four and Last 4-22-80 4-30-80 . `~ STATE OF WASHINGTON) ss COUNTY OF KING ) I, Coralee A. McConnehey, the duly appointed, qualified City Clem 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 fore- going is a full, true and correct copy of Ordinance PJo. 3510 of the ordinances of the City of Auburn, entitled "AN ORDINANCE of the City of Auburn, Washington, creating a Utility Systems Development Charge for the purpose of collecting a portion of the costs of increa;i~~g the capacity of sower and water facilities upon properties located within and without the City of Auburn, Washington, which create need for those facilities. I certify that said Ordinance No. 3510 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 5th day of h?ay A.D., 19 60 . I further certify that said Ordinance No. 3510 was published as provided by law in the Daily Globe News, a daily newspaper published in the City of Auburn, and of general circulation therein, on the 9th day of June A.D., 19 80 WITNESS my hand 8hd the .official seal of the City of Auburn, this 20th day of June A.D., 19 80 . G CITY CLERK' OF THE CN~f OF AUBURN