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HomeMy WebLinkAbout42415 6 7 8 9 10 11 12 13 14 15 16 17� 18 19 20 21 22 23 24 251 26 27 28 29 30 I 31 I 32 I � � �, t t ' � , � , � � - ' r • ') ORDINANCE N0. 4 2 4 1 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, REPEALING AUBURN CODIFIED CITY ORDINANCE CHAPTER 13.20 RELATING TO SEWERS, AND CREATING A NEW AUBURN CODIFIED CITY ORDINANCE CHAPTER 13.20. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Auburn Codified City Ordinance Chapter 13.20 is, upon the effective date of this Ordinance, repealed in its entirety. Section 2. There is herewith created a new City of Auburn Codified City Ordinance Chapter 13.20 which shall read as follows, to-wit: Chapter 13.20 SEWER$ 13,20.010 Definitions. 13.20.020 Sewer section - Established 13.20.040 Maintenance and Operations Manager-General duties - 13.20.050 Developer Extension Agreement required manual adopted 13.20.060 Connection-Required 13.20.070 Compulsory connections 13,20.080 Private system-Allowed when 13.20.090 Private system-Requirments 13.20,095 Private system-Abandonment upon public system availability 13.20.100 Disturbing public sewer and streets 13.20.110 Sewage or waste treatment required. 13.20.115 Objectionable waste deposit prohibition 13.20.120 Trees or shrubs obstructing sewers prohibited 13.20.130 Drainage waters discharge restrictions 13.20.140 Prohibited discharges designated 13.20.150 Grease, oil, and sand interceptors. - 13.20.160 Preliminary waste treatment-Required. �'Sx"� �13.20.170 Preliminary waste treatment-Facilities approval and maintenance 13.20.180 Industrial waste arrangements 13.20.190 Permits-Required 13.20.200 Permits-Application-Inspection-Fee 13.20.210 Permits-For additional work � 13.20.220 Permits-Posting 13.20.230 Sewer repair or replacement-Permit required 13.20.240 Septic tank site application and installation-Permit required. 13,20,250 Septic tank waste removal or repair-Permit required. 13,20.260 Permits-Term 13.20.270 Public sewers-Construction Standards 13.20.280 Building sewer-Requirement generally. 13.20.290 Building sewer-Control manhole requirements ----------------------------- Ordinance No. 4241 Page One �� { q � — $/3/s7, s/io/s� �1-s���� �%.�' �� Gr-�.�, ���./�, ���.� `�"���1�' ��� �� �� ��. a� � � � � 11 2 3 4 5 6 7 8 9 10 11 12 13 14 I 15 16 17 18 19 20 21 22' 23 24 25 26 27 28, 29 30 31 32 � � Y , 13.20.300 Connections to public sewers-Standards, 13.20,305 Excavation protection 13,20.310 Side sewer requirements 13.20.320 Side sewer-tapping fees 13.20.330 Side sewers-Restoration of public property 13.20.340 Side sewer contractors license Required-Fees-Term 13.20.350 Side sewer contractors bond 13.20.360 Side sewer contractors insurance. 13.20.370 Side sewer contractor responsibilities. 13.20.380 Sewage disposal service charge 13.20.390 Sewage disposal service charge-Due when-Delinquency 13.20,400 Pay back charge - method of computation 13.20,410 Charge in lieu of assessment - method of computation 13.20.420 Trunkage connection charge - method of computation 13.20.430 Sewer availibility charges for private systems 13.20.435 Sewer rate exemptions 13.20.440 Fees and charges 13.20.450 Charges constitute lien. 13,20.460 Water cutoff for lien enforcement 13.20.470 Work-Inspection readiness notice 13.20.480 Work-Reinspection-Fee 13.20.490 Work-Diligent completion required. 13.20.500 Access for inspections 13.20,510 Inadequate systems-Action to effect compliance 13.20.520 Violator's liabilities 13,20.530 Violation-Penalty 13.20.010 Definitions T � L � Unless the context specifically indicates otherwise, the meaning of the terms used in this chapter shall be as follows: B.O.D. (denoting biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard labora- tory procedure in five days at twenty degrees centigrade expressed in parts per million by weight. Building sewer means that part of the lowest horizontal piping of the building sewer system which receives the discharge from drainage pipes inside the walls of the building and conveys it to the side sewer. Charge in lieu of assessment means a charge made by the city of Auburn on property which has not previously participated in the cost of a public sewer line directly serving the property. City Engineer means the Division Head of Engineering for the City of Auburn, or his authorized representative. Combined sewer means a sewer receiving both storm water runoff and sewage. ----------------------------- Ordinance No. 4241 8%�%87w�8/10/87 1 2 3 4 5 6 7 8 9 10 II 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 I 31 32 . � t; y ' ,' •. '. Commercial services means sewer service to multiple dwelling units (as defined hereinafter) or businesses engaged in manufacturing and/or sale of a commodity or commodities, or rendering of a service such as, but not limited to, hotels, motels, hospitals, industrial complexes, schools and colleges, convalescent homes, nursing homes, and retirement homes. Dwelling unit means one or more rooms designed for or occupied by one family for living or sleeping purposes and containing kitchen facilities for use solely by one family. Latecomer connection charge means a charge made on property which has not previously participated in the cost of a public sewer line, directly serving the property, for the purpose of reimbursing a property owner who installed the sewer line. Maintenance and Operations Manager means the Division Head of Maintenance and Operations for the City of Auburn, or his authorized representative, Multiple dwelling units means two or more residential units connected to a single water service. Nataral outlet means any outlet (conveyance) into a watercourse, pond, ditch, lake, or other body of surface or ground water. pH means the measurement of acidity or alkalinity of sewage and is measured as the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. Premises means property, including improvements, utilized under one ownership and/or under a single entity control with respect to the use of sewer services and the responsibility for payment thereof. Properly shredded wastes means the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all par- ticles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any deminsion. ------------------------------ Ordinance No. 4241 Page Three 8/3/87, 8/10/87 ,8/10/8 1 2 3 4 5 6 7 8 9 10 11 12 13 � 14 15 I 16 I, 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 T r � 7 . � Public sewer means a sewage conveyance facility which is owned, maintained and controlled by public authority. Public Works Director means the Department Head of Public Works for the City of Auburn, or his authorized representative. Sanitary sewer means a wastewater conveyance facility to which storm, sur- face, and ground water are excluded. Sewerage means all facilities for collecting, transporting, pumping, treating, and disposing of sewage. Sewage means residential, business, industrial, and institutional wastewater. Sewer means a facility for conveying sewage. Sewer Section Supervisor means the Section Head of Sewer Maintenance and Operations for the City of Auburn or his authorized representative. Side sewer means the extension from the building sewer to the tee or wye connector on the public sewer. Storm drain means a wastewater conveyance facility for storm, surface, and ground water. Suspended solids means solids that float on the surface of, or are in suspension in, water, sewage, or other liquids, and which are removable by laboratory filtering. Trunkage connection charge means an indirect charge for extra capacity facilities not constructed with SDC monies. Watercourse means a channel, either natural or manmade, in which a flow of water occurs, either continuously or intermittently. 13.20.020 SEWER SECTION - ESTABLISHED The Sewer Section of the Maintenance and Operations Division of the Public Works Department is established. The Sewer Section shall be the pri- mary responsibility of the Sewer Section Supervisor and shall consist of such other personnel as may, from time, to time be deemed necessary for the effi- cient operation of the section. -------------------------- Pagen�`our N08/3�J87,8/10/87 l 21 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 13.20.040 MAINTENANCE AND OPERATIONS MANAGER-GENERAL DUTIES. Under the general direction of the Public Works Director, the duties of the Maintenance and Operations Manager shall include the management of the sanitary sewer of the city, He shall oversee the maintenance and operations and construction of extensions and additions of said systems. 13.20.050 DEVEI.OPER EXTENSION AGREEMENT-REQUIRED-MANUAL ADOPTED There is adopted by reference the "Developer's Public Facility Extension Manual for Sanitary Sewers, Water, Storm Sewers and Streets," a copy of which is attached to the ordinance as specified in this section and denominated Exhibit "A". 13.20.060 CONNECTTON-REQUIRED Whenever a house, building or other type of dwelling used for human occu- pancy, within or without the city limits abuts any street, alley or easement containing a public sanitary sewer of the city, and where any portion of the house, building or other type of dwelling used for human occupancy is situated within 330 feet of said street, alley or easement containing said public sani- tary sewer line, the property owner shall connect to the available sewer line within 90 days from the date the sewer becomes available for service in accordance with the provisions of Section 13.20.070, COMPULSORY CONNECTIONS. The ordinance codified in this section is passed pursuant to the last paragraph of RCW 35.67.190. 13.20.070 COMPULSOR�f CONNECTIONS If any owner fails through neglect or refusal to connect lands, buildings or other premises with the Auburn public sewer as required by section 13.20.060, CONNECTION-REQUIRED, or fails through neglect or refusal to do other work specified or ordered to be done as provided by this chapter within ------------------------ Ordinance No. 4241 Page Five 8/3/87, 8/10/87 1 2 3 4 5, 6 7 8 9 10 11 12 13 14 15 16 , 17 18 19 20 21 22 23 24 25 261 27 28 29 30 31 32 t t the time specified, a monthly rate shall be charged in accordance with the rate structure identified in Section 13.20.440, FEES AND CHARGES, regardless of hookup to the available sewer. At such time as an owners septic tank, drainfield or other private sewage disposal system becomes inoperable in accordance with the provisions of the Seattle-King County Health Department, and is thereby refused a permit to make it operable, the facility served by the failed system shall be required to connect to an available sewer in order to be habitable. 13.20.080 PRIVATE SYSTEM-ALLOWED WHEN Where a public sewer is not available within 330 feet, a private sewer system and sewage disposal system may be installed in accordance with the pro- visions of the Seattle/King County Health Department. (Health Department requirements are 330 feet and 660 feet depending on when the lot was platted.) 13.20,090 PRIVATE SYSTEM-REQUIREMENTS The type, capacity, location layout, and design of a private sewage system, if required, shall comply with the recommendatons and regulations of the Seattle-King County Department of public health. Each private sewage system shall be designed by a registered professional civil engineer or certified sewage system designer. No septic tank shall be permitted to discharge to any natural outlet or to the ground surface. The owner shall operate and main- tain the private sewage disposal facilities in a sanitary manner at all times and at no expense to the city. 13.20.095 PRIVATE SYSTEM-ABANDONMENT UPON PUBLIC SYSTEM AVAILABILITY Wherever a public sewer becomes available to a lot or parcel served by a private sewer disposal system not in compliance with Section 13.20.090, PRIVATE SYSTEM REQUIREMENTS, a direct connection shall he made to the public sewer in compliance with this chapter, and any cesspools or similar private sewage disposal facilities not approved for connection to the public system ------------------------ Ordinance No. 4241 Page Six 8/3/87, 8/10/87 1 21 3' 4 5 6 7 8 9 10 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 251 26 27 28 29 30 31 32 . y. shall be pumped, filled with suitable material and abandoned, as approved by the public works department. 13.20.100 DISTURBING PUBLIC SEWER AND STREETS No unauthorized person shall uncover, make any connection with or opening into, use alter or disturb any public sewer. No unauthorized person shall open alter or disturb the streets or alleys or other public ways of the city for the purposes of making connection with the public sewer system. 13.20.110 SEWAGE OR WASTE TREATMENT REQUIREO It is unlawful to discharge to any natural outlet within the city or in any area within the jurisdiction of the city any sanitary sewage, industrial waste or other polluted waters except where suitable treatment has been pro- vided in accordance with subsequent provisions of this chapter. 13.20.115 OBJECTIDNABLE WASTE DEPOSIT PROHIBITION It is unlawful for any person to place, deposit, or permit to be depo- sited, in an unsanitary manner on public or private property within the city, or in any area within the jurisdiction of the city, any human or animal excretment, or other objectionable waste. 13.20.120 TREES OR SHRUBS OBSTRUCTING SEWERS PRONIBITED. It is unlawful to allow to grow any tree or shrub whose roots obstruct public or private sewers as provided in Chapter 12.36 of this code. Wherever such plantings are shown to be obstructing public sewers they shall be removed or otherwise remedied from obstructing said sewer, at the expense of the pro- perty on which the planting grows. Such expense may become a lien on said property. ----------------------- Ordinance No. 4241 Page Seven 8/3/87, 8/10/87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I6 17 � 18 ', 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1 . ,` • , • 13,20.130 DRAINAGE WATERS DISCHARGE RESTRICTIONS The City of Auburn hereby adopts a policy of separation of storm and sanitary sewer wastes. No surface water, ground water or storm drainage shall be discharged into the sanitary sewer system. 13.20.140 PRONIBITED DISCHARGES DESIGNATED None of the following described waters or wastes shall be discharged into the public sanitary sewer: A. Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit; B, Any water or wastes which may contain more than one hundred parts per million, by weight, of fat, oil, or grease; C. Any gasoline, benzene, naptha, fuel oil, or other flammable or explo- sive liquid, solid, or gas; D. Any garbage that has not been properly shredded; E. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood paunch manure or any other solid, or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewerage works; F. Any waters or wastes having a pH lower than 5.5 or higher than 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewerage works; G. Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the treatment plant; ------------------------- Ordinance No. 4241 Page Eight 8/3/87 8/10/87 1 2 3 4 5 6 7 8 9 10 II 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 � 30 31 I 32 I. Any water or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant; J. Any noxious or malodorous gas or substance capable of creating a public nuisance. 13.20.150 GREASE, OIL, AND SAND INTERCEPTORS Grease and oil interceptors shall be provided on all newly constructed restaurants and bakeries and, when necessary for the proper handling of liquid wastes containing grease in excess of that as identified in Section 13.20.140 B or any flammable wastes, sand and other harmful ingredients. Design and locational criteria shall be determined by the city and set forth in a written policy statement to be reviewed annually. No such interceptors shall be required on single family dwelling units. 13.20.160 PRELINIINARY WASTE TREATMENT-REQUIRED The need and extent for pre-treatment shall be determined by the standards and policies of the Municipality of Metropolitian Seattle (METRO). The City of Auburn may choose to invoke any of these standards or policies on its own initiative as appropiate to protect the city sewer system from undue damage, 13.20.170 PRELIMINARY WASTE TREATMENT-FACILITIES APPROVAL AND MAINTENANCE SEE Section 13,20,160 METRO. 13.20.180 INDUSTRIAL WASTE ARRANGEMENTS No statement contained in this chapter shall be construed as preventing any special agreement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted to the system by the City, subject to payment therefore by the industrial concern. ------------------------- Ordinance No. 4241 Page Nine 8/3/87 8/10/87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17' 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 13,20.190 PERMITS-REQUIRED No person shall connect to the public sewer system without first obtaining a written permit from the office of the Public Works Director. 13.20.200 PERMITS-APPLICATION-INSPECTION-FEE An application for any side sewer permit shall be made on a form furnished by the City, which the applicant shall supplement with plans, specifications or other information as deemed necessary by the Public Works Department. A permit application and inspection fee shall be charged in accordance with the fee schedule in section 13.20.440, FEES AND CHARGES, of this chapter. 13.20.210 PERMITS-FOR ADDITIONAL WORK When a permit has been issued for a private sewer or drain as provided in this chapter, no additional work shall be undertaken without the approval of the Public Works Director and a new permit must be issued at the regular charge for such permit covering all such additional work. 13.20.220 PERMITS-POSTING The permits issued by the Public Works Department, required under the terms of this chapter must be posted in a conspicuous place at the work site. 13.20.230 SEWER REPAIR OR REPLACEMENT-PERMIT REQUIRED It is unlawful for any person to repair, replace, or reconnect any side sewer without first obtaining a permit to do so from the Public Works Depart- ment. The fee for such permit shall be charged in accordance with the fee schedule in Section 13.20.440, FEES AND CHARGES. 13.20.240 SEPTIC TANK SITE APPLICATION AND INSTALLATION-PERMIT REQt�IRED It is unlawful for any person to install a septic tank without first determining that no public sewer is available for connection (Section 13.20.060) and then obtaining a permit to do so through the appropriate King County process. ------------------------ Ordinance No. 4241 8���J87en8/10/87 i 2 3 4 5 6 7 8 9 10 11 12 �� 13 14 15 16 17 18 19 20 21 22 23 24 25 26' 27 28 29 30 31 32 13.20.250 SEPTIC TANK WASTE REMOVAL OR REPAIR-PERMIT REQUIRED It is unlawful for any person to repair or to pump or otherwise remove the contents of a septic tank without first obtaining a permit to do so from the Public Works Department, No such permit shall be issued for the purpose of re-use of the septic tank if there is a public sanitary sewer available as stated in Section 13.20,060 and if a public health hazard exists as determined by the Seattle-King County Health Department. All repairs shall be subject to approval of the Public Works Department. All liquids and solids removed from the septic tank system shall be disposed of as prescribed by law. 13.20.260 PERMITS-TERM All permits issued under the provisions of this chapter shall be valid for a period of 90 days, unless specifically identified otherwise in a section of this chapter, but the same may be extended at the reasonable discretion of the Public Works Director for a period of 60 days without charge upon applica- tion therefore, prior to the expiration of the time originally limited in the permit. 13.20.270 PUBLIC SEWERS-CONSTRUCTION STANDARDS All main line sewers shall be constructed in accordance with the current A.P.W.A. Construction Standards for sanitary sewers and the City of Auburn Developers Design Manual. 13.20.280 BUILDING SEWER-REQUIREMENT GENERALLY A separate and independent side sewer shall be provided for each building for connection to the public sewer system; provided that, where feasible, this requirement may be waived on submission of alternate plans approved by and thereafter constructed under the supervision of the Public Works Department. Each property connected is subject to the permit application requirements of Section 13.20.200. The maintenance of all building and side sewer systems shall be the responsibility of the property owner. ---------------------- Ordinance No. 4241 ����J87�e��J�10/87 0 �� 1 2 3 4 5 6 7 81 91II 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 i 30 '' 31 32 13.20.290 BUILDING SEWER-CONTROL MANHOLE REQUIREMENTS When required by the Public Works Director, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the side sewer to facilitate observation, sampling, and measurement. Such manhole shall be in conformance with the requirements of the Municipality of Metropolitian Seattle (METRO). 13,20.300 CONNECTIONS TO PUBIIC SEWERS-STANDARDS Side sewer construction shall conform to the current edition of the American Public Works Association Standard Specifications except Division III, Section 66-2.01B VITRIFIED CLAY PIPE and 66-2.O1C ASBESTOS-CEMENT PIPE which shall not be allowed. 13.20.305 EXCAVATION PROTECTION Excavation protection shall be in conformance with WISHA standards. 13.20.310 SIDE SEWER REQUIREMETdTS The side sewer from the public sewer to the property line shall be in accordance with APWA standards and the City of Auburn Developers Design Manual. 13,20.320 SIDE SEWER-TAPPING FEES Side sewer tapping fees are identified in Section 13.20,440. 13.20.330 SIDE SEWERS-RESTORATION OF PUBLIC PROPERTY All streets, sidewalks, alleys, parkways, and other public property disturbed in the course of work performed under any permit in Chapter 13.20 shall be restored in kind or as approved by the Public Works Department. 13.20.340 SIDE SEWER CONTRACTORS LICENSE REQUIRED-FEES-TERM It is unlawful for any person to make any opening in any public sewer or to connect private drain or sewer therewith, or to construct, repair, alter or pump a private sewer or private sewage disposal system, or to construct, Ordinance No. 4241 Page Twelve 8/3/87, 8/10/87 1 2 3� 4 5 6 7 8 9 10 11 I 12 �, 13 14 15 16 17 18 19 20 2I 22 23 24 25 26 27 28 29 30 3]. 32 ( • f � ( repair, alter, or connect any private drain or sewer in a public street, alley or easement, unless operating under a State of Washington General Contractors License or a State of Washington Underground Contractors License. 13.20.350 SIDE SEWER CONTRACTORS BOND Bonds shall be required in conformance with State of Washington licensing requirements. 13,20,360 SIDE SEWER CONTRACTORS INSURANCE Proof of insurance shall be required showing the City of Auburn shall be named as additional insured on all State required insurance to protect the contractor, the public, and the City against liability for accidental injury to persons or property. In the absence of any State required insurance the following amounts shall be applicable; bodily injury, one hundred thousand dollars per person, including accidental death, three hundred thousand dollars per accident; fifty thousands dollars property damage per accident. 13,20.370 SIDE SEWER CONTRACTOR RESPONSIBILITIES The side sewer contractor shall be responsible for all work done under permits issued to him. 13.20.380 SEWAGE DISPOSAL SERVICE CFIARGE Billing rates and charges for sewage disposal services shall be as outlined in Section 13.20.440. 13.20.390 SEWAGE DISPOSAL SERVICE CHARGE-DUE-WHEN-DELINQUENCY Rates and charges for sewage disposal service shall be due and payable at the same time as fixed for water service supplied by the City, as identified in the Auburn City Code Section 13.04. All rates and charges for sewage disposal service shall become due and payable within ten (10) days of billing and shall be delinquent if not paid within twenty five days thereafter. ----------------------- Ordinance No. 4241 Page Thirteen 8/3/87, 8/10/87 1 2� 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19' 20 21 22 23 24 25 26 27 28 29 30 31 32 � ' , r � 13.20.400 PAY BACK CHARGE-METHOD OF COMPEITATION Pay back charges shall be computed on a front foot basis for the actual number of lineal feet of sewer line fronting on the property being served and multiplied by one-half the actual cost per lineal foot of construction as kept on file by the City at the time of construction. For the purpose of this sec- tion, property frontage shall be considered to be that portion of the tax lot being served which abuts the public street, alley or easement in which the subject sewer line is situated. Such charge shall be made by the City at the time of application for connection. 13.20.410 CHARGE IN LIEU OF ASSESSMENT-METHOD OF COMPUTATION Said charges shall be computed on a front foot basis for the actual number of lineal feet of sewer line fronting on the property being served and multiplied by one-half the computed cost per lineal foot of replacement of said sewer line. The City Engineer shall annually, on January lst, compute the cost of replacement on the basis of the best available information. Such charge shall be made by the City at the time of application for connection, 13.20.420 TRUNKAGE CONNECTION CHARGE-METHOD OF COMPUTATION Said charges shall be made on a per square foot basis for the actual number of square feet of property being served times the actual cost per square foot of property serviced by the extra capacity of the trunk line installed. Extra capacity, for the purpose of this section, shall be any extra costs associated with the installation of a trunk line in excess of eight inches or the installation of a pump station designed to serve property in addition to that property immediately adjacent to the extra capacity faci- lity. ------------------------- Ordinance No. 4241 Page Fourteen 8/3/87, 8/10/87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 �I 15 '� 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 � i �t � � . . Pre-existing trunkage charges are as follows: Trunk sewer line "B" generally serving the Lea Hill area, $0.01 per square foot; Trunk sewer line "C" generally serving the S.W. 41st and S.W. "D" Street area, $0.01 per square foot. Extra capacity service area maps showing service area boundary, cost per square foot, and number of square feet per parcel, shall be kept on file in the office of the City Engineer. Such charge shall be made by the City at the time of application for con- nection. Where Systems Development Charges (SDC) apply, a credit for trunkage charges will be allowed, not to exceed the amount of the SDC. Properties sub- ject to trunkage charges and abutting the subject extra capacity facility may be subject to charges in lieu of assessments in accordance with the provisions of Section 13.20.410. 13.20.430 SEWER AWAItABILITY CNARGES FOR PRIVATE SYSTEMS Developed properties having a private sewer system which have access to a public sewer as specified in this chapter, shall be subject to a monthly availability charge equal to the rates and charges as specified in Section 13.20.440. 13.20.435 SEWER RATE EXEMPTIONS The monthly sewer rate for those senior or totally disabled citizens, who qualify under chapter 13,24 of this code, shall be as specified in 13.24.040. 13.20.440 FEES AND CHARGES Single family residence inside City limits per month............ $13.79 Single family residence outside City limits per month........... $15.30 Non-single family residential inside City limits per month for the first 900 cubic feet of water used each month ................$13.79 ------------------------- Ordinance No. 4241 Page Fifteen 8/3/87 8/10/87 M�I 10 I 11 I 12 13 14 15 16 17 18 19 20 I 2I. i 22 23 24! 25 26 27 28 29 30 31 32 Plus for each additional 100 cubic feet thereafter .............. $ 1.53 Non-single family residential outside City limits per month for the first 900 cubic feet of water used each month ............... $15.30 Plus for each additional 100 cubic feet thereafter .............. $ 1.70 Non-single family residential inside City limits per month, per dwelling unit where no City of Auburn water service is connected ................................................................ $13.79 Non-single family residential outside City limits per month, per dwelling unit where no City of Auburn water service is connected ................................................................ $15.30 Non-single family accounts will be allowed to average winter water con- sumption for the months of November through April to determine the summer sewer rates. Said allowance shall be upon application and with appropriate justification that additional summer usage does not enter the sewer system. Permit application fee private property .................... $15.00 Permit application fee public property ..................... $30,00 Sewer repair or replacement fee ............................ $15.00 Inspectionfee for removal ................................. $30.00 Side sewer tapping fee ..................12" and under......$125.00 Over 12" ..........$175.00 Delinquent turn on re-inspection fee (see Section 13,20.470). Latecomer connection charge (see Section 13,20,400). Charge-in-lieu of assessment (see Section 13.20.410), Trunkage connection charge (see Section 13.20,420). 13.20.450 CHARGES CONSTITUTE LIEN All charges for sewer connections, service and repairs, and all service charges provided in this chapter, or as may be hereafter amended together with penalties and interest thereon, shall be a lien upon the property with which such connections are made or to which such sewage service is rendered. Except for general taxes and local special assessments, said lien shall be superior to all other liens and encumbrances. Enforcement of such lien or liens shall be in the manner provided by law. ----------------------- Ordinance No. 4241 Page Sixteen 8/3/87, 8/10/87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 I 22� 23 24 25 26 27 28 29 30 31 32 � t � , r ' ` f • • ' ' 13.20.460 WATER CUTOfF FOR LIEN ENfORCEMENT As an additional and concurrent method of enforcing the lien of the City for sewage charges, at the end of sixty days after the date of first delinquency of sewage charges, the property where such services are provided shall be subject to a cut off of the water service, until such time as all charges, plus interest at the maximum amount as allowed by law on the unpaid delinquent amount, and the turn on charge equal to an amount as specified in Section 13.20.440, have been paid. 13.20.470 WORK-INSPECTiON READ'INESS NOTICE Any person performing work under permit pursuant to the provisions of this chapter shall notify the appropriate Public Works official, as identified on the face of the permit, when the work will be ready for inspection and shall specify in such notice the location of the premises and the permit number. If the inspector finds that the work or the material is not in accordance with the provisions of this chapter, he shall notify the person doing the work and the owner of the premises by posting a written notice upon the premises, and such notice shall be all that is required to be given of the defects of the work or material found in such inspection. A copy of such notice shall be kept on file in the Public Works Department. 13.20.480 WORK-REINSPECTION-FEE If by reason of noncompliance with the provisions of this chapter a second inspection is necessary, a charge of one and one half times the original inspection fee shall be collected prior to the second inspection but in any case not less than one hours time. Notification for the second inspection shall be the same as identified in Section 13.20.460 ------------------------- Ordinance No. 4241 Page Seventeen 8/3/87 8/10/87 « ' l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 13.20.490 WORK-DILIGENT COMPLETION REQUIRED All work within the limits of any street or public place must be pursued to completion with due diligence, and if an excavation is left open beyond a reasonable length of time, the Public Works Director shall cause the same to be backfilled and then to be restored forthwith. Any cost incurred for such work shall be charged to the holder of the permit, and must be paid prior to the issuance of any subsequent permits. The contractor shall be liable on his bond for any such sums expended. 13.20.500 ACCESS FOR INSPECTIONS The City shall have free access at proper hours, subject to the provisions of Section 1,20.010 of this Code, to all buildings and premises served by the sewer system for the purpose of inspecting pipes and fixtures, the manner in which domestic water is being used, and the satisfactory compliance with the provisions of this chapter. 13.20.510 INADEQUATE SYSTEMS-ACTION TO EFFECT COMPLIANCE When any side sewer or private sewage system is constructed, connected or repaired and does not comply with the provision of this chapter, and is a menace to health or is liable to cause damage to public or private property, the Public Works Director shall give notice thereof to the owner, agent or occupant of the property in which such condition exists. Should the owner, agent or occupant fail to remedy the condition within the time specified in the notice, the City may perform such work as may be necessary to comply with this chapter. The cost of such work shall be collected from the person responsible for the condition or the amount thereof shall become a lien upon the property and shall be collected in the manner provided by law. --------------------- Ordinance No. 4241 Page Eighteen �j�6��� � 1 2 3 4 5 6 7 8 9 10 11 12 l3 14 15 16 17 18 19 20 21 22 23 24I 25 26 27 28 29 30 31 32 . � r � � � Y . . I. 0 13.20.520 VIOLATOR'S LIABILITIES Any person who violates any of the provisions of this chapter shall become liable to the City for any expenses, loss or damage actioned by the City by reason of such violation. 13.20.530 VIOLATION-PENALTY Any person found to be guilty of violating any provision of this chapter is guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000 or by imprisonment in the City jail for a term not to exceed 90 days, or by both such fine and imprisonment. Section 3. The Mayor is hereby authorized to implement such administra- tive procedures as may be necessary to carry out the directions of this legislation. Section 4. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. ATTEST: �° ,1�� iCL�.,,�,: ;r ,'t� ��C L `�`°cG �t�, Deputv Citv Clerk --------------------- Ordinance No. 4241 Page Nineteen and Last 8/3/87, 8/10/87 INTRODUCED: PASSED: AUGUST 17, 1987 AUGUST 17, 1987 APPROVED: AUGUST 17, 1987 A � f`����.x \I.' .'�A���`�--'"� M A 0 R PUBLISHED: AUGUST 23, 1987 O�`� �a �/ __---- -� �L �Fkit� �1 Fr� 4'�'�i9 q' P,a',M,�qG'� p. � �Ii:ia a �t . � �,::.7Ylr,Ea�'e� i.° � � ` � .� "�;7'� : u� � ��"�'1�' ��,�:m4���'� �{��Y Develo er's Public p ��ci i it Extension y Sanitary Sewers, Water, Storm Sewers and Streets Cit of Auburn y ORDINANCE N0. 3864 AMENDED DECEMBER, 1986 1 ' INDEX � Information Sheet Application Procedures AGREEMENT — Title � Dimensions i. c�ty II. Owner III. Plan � IV. Additional Fees V. Evidence of Insurance VI. Indemnification VII. Performance Bond � VIII. Easements, IX. Permits � X. Bill of Sale XI. Systems Development Charge XII. Payback Agreement Execution and Recording XIII. Connection to the City's System � XIV. Acceptance by City of Developer Extension XV. Attorney's Fees, Signatory Page XV. Signatory Page � � Exhibit I Exhibit II � Exhibit III Exhibit IV Exhibit 5 � Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 � Exhibit 10 Exhibit 11 � � EXHIBITS Estimated Deposit Fees Sanitary Sewer Estimated Deposit Fees Water Estimated Deposit Fees Storm Sewer Estimated Deposit Fees Streets Permit and Approval Summary Performance Bond Assignment Easement Bill of Sale, Individual, Corporate Information on the System Development Charge Payback Agreement Page 1 2 3 5 5, 6, 7 7, 8, 9 9, 10 10, 11 11 11, 12 12, 13 13 13, 14 14 14, 15 15 15 16 17 ' � ' � INFORMATION SHEET DEVELOPER'S PUBLIC FACILITY EXTENSION CITY OF AUBURN KING COUNTY, WASHINGTON � 1. Address & Telephone Number: Engineering Division City Hall � 25 West Main Street Auburn, Washington 98001 (206) 931-3010 �, Fire Department 1101 "D" Street N. E. Auburn, Washington 98002 � (206) 931-3060 Building Division � City Hall 25 West Main Street Auburn, Washington 98001 � (206) 931-3020 Planning Department City Hall � 25 West Main Street Auburn, Washington 98001 (206) 931-3090 2. Office Hours: 8:00 A.M. to 5:00 P.M. Monday through Eriday �� �I �� APPLICATION PROCEDURES , 1. The applicant shall contact the City of Auburn's Building Division (Building Coordinator) to schedule a meeting with the City for conceptual approval of the proposed extension. � 2. Four sets of conceptual plans shall be submitted to the Buildin Division g prior to the meeting by the required cut-off date. � 3. Owner meets with City to review proposed facility extension. (More than one meeting may be required.) � 4. Conceptual approval received. 5. Owner executes Developer Extension Agreement and submits cash deposit. � a. Deposit based on length of proposed facility. � 6. Four sets of plans and two sets of storm drainage calcs submitted to the Building Division for review. 7. Plans approved by City Engineer. � 8. Owner obtains applicable ermits. P � 9. Payback Agreement requested. (If applicable). 10. Pre-construction conference held. � a. Owner submits performance bond, if required. b. Owner submits guarantee deposit, if required. ' ($500 first utility and $250 for each additional) c. Contractor's Proof of Insurance submitted. 11. Construction completed. (Except for service connections). ' 12. Owner submits to the Engineering Division certified as-builts, Bill of Sale, and required easements. � 13. City accepts facility for operation. 14. Owner submits a maintenance bond to the Engineering Division. � 15. City authorized service connections. , 16. Certificate of Occupancy (C.O.) is issued. 17. Payback Agreement executed. (If applicable). ' 18. Guarantee deposit and remainder of cash deposit released. 19. One-year inspection. � 20. Final acceptance of facility by City. � 21. Maintenance bond released. � 2 CITY OF AUBURN DEVELOPER PUBLIC FACILITY EXTENSION AGREEMENT �3 DEVELOPER NUMBER AGREEMENT FOR DEVELOPER PUBLZC FACILITY EXTENSION THE CITY OF AUBURN, hereinafter referred to as "The City," and , hereinafter referred to as "Owner," enter into the following agreement, hereinafter referred to as "Agreement," and make the following mutual promises and covenants as consideration for the City pro- viding a facility connection to the proposed developer extension and the Owner constructing the proposed developer extension pursuant to the terms and con- ditions of the Agreement and agreeing to convey and transfer the improvements to the City pursuant to the terms and conditions of this Agreement upon completion of the developer extension. The following agreement is valid and binding for the facilities designated below as indicated on the approved Civil plans: Approx. Facility Extension Size Length Sanitary Sewer Sanitary Sewer Sanitary Sewer Water Water Water Storm Sewer Storm Sewer Storm Sewer S treets Streets Streets Other The proposed extension of facilities designated above will be installed in the road, easements and/or other approved rights-of-way inside/outside of the cor- poration limits of the City and shall be for the use and benefit of the property legally described as follows: C�! The parties, in consideration of the following expressed mutual covenants and promises, agree, promise and covenant as follows: I City The City promises, covenants and agrees to the following terms and conditions: (a) The City shall provide only part time inspection of the facility extension, while under construction, to assist the Owner in complying with the design standards and construction specifications of the City; and to aid the Owner in conforming with the present rules, regulations and resolutions of the City and the terms of said Agreement. Such inspection shall in no way relieve the Owner of the responsibility for compliance with the plans and specifications and the terms of the Agreement as well as the rules and regulations as imposed by the County or other agencies. (b) The City agrees to allow the Owner to make the connection to the City's present system upon the completion of the developer extension by the Owner upon its fulfillment of the terms and conditions of the agreement, and when the Owner has delivered to the City a bill of sale, obtained the necessary permits and easements, supplied the City with certified as-built drawings, paid the applicable charges against the property, and the extension has been approved a.nd accepted for operation by the Department of Public Works. The Department of Public Works shall send a letter accepting the system for operation. The City shall release the quarantee deposit and the remainder of the cash deposit to the owner once the appropriate maintenance bond has been received and the above conditions have been met. The Department of Public Works shall then authorize any applicable service connections. (c) Connection and utilization of the extension shall not relieve the Owner of the obligations to correct defects in labor and/or materials as hereto- fore provided and/or the obligations set forth in the applicable paragraphs hereof.� The connection of the extension authorized by the City's Department of Public Works shall cause said extension to be subject to the control, use and operation of the City which shall be subject to all regulations and conditions of service. II Owner (a) The Owner agrees to comply with the City's Construction Specifications and Design Standards which are identified in paragraph III of this Agreement. F� � ' � (b) The Owner agrees to comply with all environmental requirements as set forth either by the City or by appropriate county, state or federal agen- cies. The Owner agrees to prepare an environmental checklist or environmental � impact statement at his sole expense, if so directed by applicable lead agencies as set forth in S.E.P.A. and applicable administrative regulations and laws of Washington. For extensions outside of the City limits but within the comprehen- sive plan, the Owner shall obtain the necessary approval from the applicable , agencies. (c) If the City is to prepare the plan for the developer extension, � the Owner will deposit with the City a certified check for the City's admi- nistration, design and inspection fees simultaneously with the execution of this agreement pursuant to the fee schedule as set forth in Curve A for the appli- , cable facility extensions identified in the first paragraph of this agreement (see Exhibits I through IV). (d) If the Owner selects his own engineer to prepare the plan, the � plan must be signed by a professional engineer registered in the State of Washington. The Owner simultaneously with the execution of this agreement shall deposit fees with the City for administration, and inspection costs for the � developer extension and said fee shall be determined as set forth in Curve B for the applicable facility extension identified in the first paragraph of this . agreement (see Exhibits I through IV). � (e) If the length of the developer extension is longer than shown on Exhibits I through IV, the fee shall be an accummulation of the allied fee cur- ves. (I.E., for 3,000 feet of extension, the fee shall be the corresponding fee � for 2,000 feet plus the corresponding fee for 1,000 feet). If more than one facility extension is proposed, the City will reduce the total sum of deposit by requiring the Owner to deposit only a percentage of the total aggregate deposits � from Exhibits I through IV. The Owner shall deposit 85 percent of the sum of appropriate fees associated with any two proposed facilities, 75 percent of the sum of the appropriate fees associated with any three proposed facilities and 65 percent of the sum of the appropriate fees associated with four proposed facili- � ties. If the length of the developer extension is shorter than shown on Exhibits I through IV, the deposit fee shall be based on the 100 ft. length (i.e. sanitary sewer-$900, water-$750, storm sewer-$250 and street-$1,100). :, (f) Prior to the connection of the facility, actual time charges and e x p e n s e s s h a l l b e d e t e r m i ne d an d fees an d costs shall be adjusted to provide for a refund by the City or additional payment by the Owner. If additional � payment is required, the Owner shall make such payment to the City prior to the connection of the extension to the City's system. ' ig) The Owner will make a guarantee deposit, prior to the start of construction, in the form of a certified check to the City in the sum of $500 for the first facility and $250 for each additional facility improvement within , the City right-of-way and/or easements. ' � 6 This will be held by the City until final inspection and approval by the City one year after the letter accepting the system for operation upon receipt of required maintenance bond. This deposit shall: (1) Insure strict compliance with the City's standards, specifications and conditions. (2) Insure the City against any damage to its existing system or the proposed extension as a result of the Owner's failure to properly perform under this agreement. (3) To reimburse the City for any and all necessary expenses, repairs or restoration of other properties if the Owner does not do so within the 24 hours after notice from the City. This includes vandalism and/or theft of improve- ments during the one year guarantee period. (4) To reimburse the City for the necessary cost of completion and unfinished grades around improvements. (5) Emergencq conditions which call for the immediate remedy of any problem resulting from any action or lack of action on the part of the Owner. (h) The Owner further shall pay, at the time af making permit applica- tion for and prior to utilization of the system of the City, any area charges, system development charges, or any other applicable charges as they may pertain to the subject real property of the developer extension. The Owner is respon- sible to check with the Department of Public Works regarding these charges. (i) The Owner further agrees to abide by all current ordinances and rules of the City which are in effect at the time of execution of this agreement. (j) It is the Owner's responsibility to ensure that the system is constructed as designed and that grade and alignment are maintained throughout the project. III Pian (a) The Owner will submit a plan to the City which contains all necessary information required for the construction of the proposed improvements which comply with the City's Design Standards and Construction Specifications, and shall be updated and revised as necessary to indicate further development 7 r showing all utilities, roads and drainage facilities. Complete architectural , plans shall be submitted if requested. The Owner further agrees to furnish copies of final plat, surveys and/or as-built drawings stamped and certified by a registered professional civil engineer. ' (b) The plan shall be submitted on mylar in reproducible form, the scale of which shall be at least one inch equals forty feet except for street exten- sions in which case the scale will be one inch equals twenty feet. Street extensions shall also consist of cross-sections plotted every 50 feet with a scale of dne inch equals five feet (horizontal) and one inch equals two feet (vertical). All plans shall be on twenty-four inch by thirty-six inch reprodu- cible mylar. (c) The plan shall be submitted to the Department of Public Works within sixty (60) days following the execution of the Agreement. If the plans are not submitted within 60 days, then the Owner should contact the Department of Public Works who will review and reconsider the fee schedule and make any necessary adjustments. (d) Following the acceptance of the plan by the Department of Public Works and the receipt of a certificate of insurance complying with the insurance requirements as set forth herein and the execution and submittal of a perfor- mance bond, the Owner may begin construction and. the cut sheets shall be released to the Owner by the Department of Public Works' staff. No cut sheets shall be approved or given to the Owner or to the Owner's contractor until the Owner has complied with these requirements. The Owner shall not begin construction until he has furnished to the Department of Public Works the name of its contractor, and the emergency call list. In addition, construction shall not commence until after a pre-construction conference has been held. ' (e) All sanitary sewer facilities shall be designed in accordance with the State of Washington Department of Ecology's Criteria for Sewage Works Design and as directed by the Department or Public Works. (f) All water facilities shall be designed in accordance with the City standards and as directed by the Department of Public Works. (g) Storm sewer design shall be in accordance with the City standards and as directed by the Department of Public Works. (h) Street layout and design shall conform to the City standards as required by the Department of Public Works. � (i) All construction performed by the Owner will be in compliance with APWA Standard Speci�ication, 1981, or latest adopted revision, and any or all amendments thereto, hereafter referred to as Standard Specifications," and shall control in all construction except as amended in the "Special Provisions." � The Owner shall have the responsibility to supply himself with these Standard Specifications. �� ' ' (j) The Owner agrees that there shall be no usage of any of the facilities constructed by the Owner prior to the connection and the approval and acceptance for operation of the extension by the Department of Public Works. Furthermore, the water meter will not be installed until the sewer lines are approved and certified as-built drawings are submitted. (k) The Owner shall create all roads to the design subgrade elevation prior to the start of construction and shall advise the Department of Public Works in writing of any changes which may be contemplated during construction. If the Owners change the subgrade elevation of the road after completion of the extension, or any part thereof, the Owner shall be responsible for all costs incurred as a result of such change in subgrade elevation. This obligation shall remain in full force until the City, King County or such other appropriate municipality releases the right-of-way or road construction bond or bond of other descriptions in connection with the Owner's obligation for completion of the road within the area. (1) If gravity sanitary or storm sewer service is not available the owner may need to install a pump facility. All requirements for this pump faci- lity shall be subject to the terms and conditions of this agreement. (m) Owner agrees to comply with all state and county regulations applicable to the Owner while construction is in progress in King County right- of-way. (n) The Owner agrees to give 24 hours notice to the Department of Public Works prior to beginning any construction. All pavement cuts made in rela- tionship with this agreement will be the Developer's ultimate responsibility to have restored to City standards prior to final acceptance by the City. The new pavement patch is to be completed within thirty (30) days of the original exca- vation unless otherwise agreed to by the City. If the patch is not completed within thirty (30) days, this agreement authorizes the City to Hire an indepen- dent contractor to complete the necessary work and bill the signer of this agreement. IV Additional Fees An additional fee shall be paid to the City by the Owner for the following additional work, if performed: (a) Revisions of the plans and specifications and work occasioned by an act of the Owner relating thereto. (b) Obstruction, delay or prevention of construction staking, replacement of stakes and additional staking. (c) Additional inspections (including return television inspection). (e) Any permit or franchise acquired by City. ' (f) Acts by the Owner which necessitate the City's staff or consultants to spend extraordinary time on the developer extension, the costs shall be billed accordingly to the Owner. ' 9 ' ' The City's additional fees shall be based on the actual labor costs plus fringe benefits expended by the City and be paid by the Owner upon receipt of a ' statement from the City. Payment shall be a prerequisite for obtaining connec- tion to and utilization of the City's system. ' ' � V Evidence of Insurance The Owner and his contractor shall assume responsibility for securing and maintaining, during the life of this Agreement, public liability insurance for bodily injury and property damage liability, including, without limitation, coverage for explosion, blasting, collapse, and destruction of underground uti- lities (X.C.U.) and contingent liability, including products and contemplated operations and blanket contractual liability, and shall protect the Owner, and the City. The Owner or contractor shall have the City specifically added as additional named insured in said policies, all at no cost to the City. The above insurance shall cover the City, Owner and subcontractors for claims or damages of any nature whatever, including but not limited to bodily injury, including wrongful death, as well as other claims for property damage which may arise from operations under this Agreement whether such operations be by them- selves or by any subcontractor or anyone directly or indirectly employed by either of them and the Owner agrees, in addition, to indemnify and save harmless the City from all suits, claims, demands, judgments, and attorney's fees, expen- ses of losses occasioned by the performance of this Agreement by himself, any subcontractor, or persons working directly or indirectly for him, or on account of or in consequence of any neglect in safeguarding the work or failure to con- form with the safety standards for construction work adopted by the Safety Division of the Department of Labor and Industries of the State of Washington. The amount of such insurance shall be as follows: Bodily injury liability insurance in an amount not less than $1,000,000 for injuries, including wrongful death, to any one person and subject to the same limit for each person, in an amount not less than $1,000,000 on account of and one occurrence, $1,000,000 aggregate, and property damage liability insurance in an amount not less than $1,000,000 for each occurrence or equivalent single limit. The Owner or contractor shall not cause any policy to be cancelled or permit it to lapse, and all policies shall include a clause to the effect that the policy or certificate shall not be subject to cancellation or to a reduction in the required limits of liability or amounts of insurance or any other material change until notice has been mailed to the City stating when, not less than 10 thirty (30) days thereafter, such cancellation or reduction or change shall be effective. All certificates of insurance, authenticated by the proper officers of the insurer, shall state in particular those insured. VI Indemnification The Owner will indemnify and save the City or the City's agents harmless from all claims and costs of defense thereof, including (by illustration but not limitation) attorney's fees, expert witness fees, and the cost of the services of engineering and other personnel whose time is reasonably devoted to the pre- paration and attendance of depositions, hearings, arbitration proceedings, settlement conferences and trials growing out of the demands of contractor, other property owners, or subcontractors, laborers, workmen, mechanics, materialmen, suppliers, incurred in the performance or completion of the deve- loper extension. The Owner shall, at the City's request, furnish satisfactory evidence that all obligations of the nature designated herein have been paid, discharged or waived. VII Performance Bond It is contemplated that the Owner may construct a portion of the developer extension on rights-of-way within the City's franchise limits or within King County right-of-way. It will be necessary for the Owner to abide by all City and King County standards and regulations. Therefore, it is necessary for the Owner to furnish to the City a perf- ormance bond (Exhibit 6) between the Owner/contractor and the City in a minimum amount of l00 percent of the City's estimated replacement costs of the improve- ments to be constructed within the existing rights-of-way and easements. Said performance bond in a penal sum equal to a minimum of the amount described above shall be conditioned upon the performance by the Owner of all unde�takings, con- venant eerms, conditions and agreements of the developer extension, and upon the prompt payment by the Owner to all persons supplying labor and materials and the prosecution of the work provided by said developer extension and agreement. Such bond shall be executed by the Owner and a corporate bonding company licensed to transact such businesses in the State of Washington and named on a current list of "Surety Companies Acceptable on Federal Bonds" as published in 11 ' ' the Treasury Department's Circular No. 570. The performance bond shall be adjusted after the construction is completed and the Department of Public Works accepts the system for operation to the greater of $2,000 for each facility extension or 10% of the City's estimated replacement costs of the improvements which are to be dedicated to the City. (Maintenance Bond). The performance bond shall insure against defects appearing or developing in the material or workmanship provided or performed under this agreement within a period of one year after acceptance for operation. At the end of the one year guarantee period, the adjusted bond shall be released. The expense of these bonds shall be borne ' surety on any such bond is declared a bankrupt in the State of Washington, or is removed from Acceptable on Federal Bonds," the Owner shall bonds) in such form and sum and signed by such , be satisfactory to the City. The premiums on Owner. No further payment shall be deemed due surety or sureties shall furnish an acceptable � , by the Owner. If at any time a or loses its right to do business the list of "Surety Companies substitute an acceptable bond (or other surety or sureties as may such bonds shall be paid by the nor shall be made until the new bond to the City. The Owner may, in lieu of a performance bond, assign funds over to the City of Auburn (Exhibit 7). VIII Easements All required easements shall be obtained by Owner at his sole cost and expense, and shall be delivered to the City after construction and prior to the , acceptance by the Department of Public Works of the developer extension. Tlie Owner shall provide all necessary easements at his sole cost regardless of changes in the plans. Easements shall be drafted in conformity with the form , set forth in Exhibit 8 and shall contain the provisions set forth in said form. The City may require that a certified legal description shall be prepared by a licensed land surveyor or civil engineer. All easements shall be at least fif- ' teen feet in width for sanitary sewers, water and storm sewers, centered on the pipeline. Streets shall be deeded over to the City with the rights-of-way meeting City requirements. Unless approved otherwise by the City no buildings or appurtenances or other structure shall encroach upon this area and super- ' vision during construction shall be the responsibility of the Owner. Violations shall be removed at no cost to the City. Easements will be restored to as ' 12 ' ' ' good as or better than the original condition of the easement by the violator. Large trees which may interfere with future maintenance or repair of lines should not be planted directly over the pipe. Where manholes are located within , the easements, suitable access surfacing shall be provided for the City vehicles such as bank run gravel and crushed rock or as approved by the City. ' ' IX Permits All the necessary permits from any governmental agency obtained by the City shall be at Owner's expense. The Owner shall be provided with a copy of all such permits before construction commences. The Owner shall provide the City with necessary documents required to obtain the permits. For any permits obtained by the Owner, copies of the same shall be furnished to the City. X Bill of Sale Owner agrees to execute a Bill of Sale (Exhibit 9) prepared by the City prior to the connection of the developer extension to the City's system. Said Bill of Sale will provide for transfer of title of the constructed extension from the Owner to the City and will further include the following items: (a) Owner is the lawful owner of said property and that it is free from all encumbrances. (b) All bills for labor and material have been paid. (c) The Owner shall have the right to transfer the same and that it will warrant and defend the same against lawful claims and demands of all persons for one (1) qear of the date of acceptance of the Bill of Sale by the City. (d) It will be recited that Owner grants the extension to the City for the consideration of incorporating the system in the overall system of the ' City. , ' ' ' 13 ' , ' , (e) Owner further warrants that for a period of one (1) year from the date of the connection and/or utilization that the system will remain in working order and condition acceptable to the City and that Owner will repair or replace at his own expense any work or material that may prove to be defective during said one (1) year period of warranty. XI Systems Development Charge The Owner agrees to pay his share of the System Development Charge. This charge is intended to collect fees from new developments for their fair share of future capital improvements. This charge is further described in Exhibit 10. XII Payback Agreement Execution and Recording Following receipt of the Bill of Sale as herein described, the City agrees to execute and record a Payback Agreement (Exhibit 11) for the sanitary sewers and/or storm sewer and/or the water developer extensions pursuant to the terms of RCW 35.91, et se�c., if and when appropriate. Said Payback Agreement will provide as follows: (a) The parties agree to be bound pursuant to the terms of the "Municipal Water and Sewer Facilities Act." RCW 35.91.010, et seg. ' (b) That Owner has constructed and installed the sewer, water and/or storm lines in the general vicinity described in the Payback Agreement and portrayed by a map attached and made a part of the Payback Agreement. (c) That said Bill of Sale has been attached to the Payback Agreement. , (d) That the Payback Agreement will continue for a period of ten (10) years from the date of the 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. After the expiration of ten (10) 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. � (e) The Owner of real estate who subsequently applies for service from the facilities constructed pursuant to this Agreement will be charged a fair pro ' rata share of the cost of the construction of this developer extension. ' 14 ' , ' (f) No person, firm or corporation shall use the facilities or extensions thereof during the period of time prescribed in such Agreement without first paying to the City the full amount required by the provisions of the Payback � Agreement. A11 amounts so received by the City shall be paid out by it under the terms of that Payback Agreement within sixty (60) days after the receipt thereof. XIII Connection to and Utilization of the City's System The Owner shall notify the City in writing of its intent to connect its extension to and utilize the City's system. Said connection shall be supervised by Department of Public Works personnel. The Department of Public Works shall be given one week's notice of the Owner's intent to connect and utilize the developer extension with the City's system and said connection and utilization shall be authorized and approve.d by a letter sent from the Public Works Department authorizing the connection and accepting the system for operation. The Department of Public Works prior to the connection and utilization authori- zation, shall have received from tihe Owner the necessary permits, easements, bill of sale, certified as-built drawings, maintenance bond, and payment of applicable fees No connection or utilization shall be made without the expressed written consent by the Department of Public Works. XIV Acceptance by City of Developer Extension For the one-year period following the acceptance for operation and the authorization of the developer extension's connection to and utilization of the City's system, the Owner shall warrant the workmanship and materials and equip- ment furnished by the Owner, and shall be guaranteed by the Owner to remain in normal working order and condition, except where abused or neglected by the City, and the Owner shall repair or replace at its own expense any work or material that may prove to be defective during this guarantee period. The Department of Public Works one year from the date of acceptance for , operation and authorizing the connection and utilization of the developer exten- sion to the City's system, shall reinspect the system to determine if the exten- sion has complied to the warranty of the Owner and conforms to the City's t standards and specifications. If said developer meets with the Department of Fublic Works' approval, then the City shall release the maintenance bond. ' ' �i XVI Attorney's Fees In the event this Agreement is referred to or placed in the hands of the City's attorney for enforeement of any portion of this Agreement, or if a lawsuit is instituted with respect to this Agreement, and in the event the City is the prevailing party, the Owner agrees to pay the City's reasonable attor- ney's fees and costs and other allied expenses incurred by the City regarding said legal problem or lawsuit. DATED this day of , 19 Owner STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, known to me to be the individual (Owner) who acknowledged to me that he/she signed the foregoing as his/her free and voluntary act and deed, for the uses and purposes therein set forth. GIVEN under my hand and official seal this day of , 19 Notary Public in and for the State of Washington, residing at 16 � DATED this day of , 19_ ' C ity L 1 � 1 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, known to me to be the individual (City Engineer representing the City of Auburn's Department of Public Works) who acknowledged to me that he/she signed the foregoing as his/her free and voluntary act and deed, for the uses and purposes therein set forth. GIVEN under my hand and official seal this day of , 19 Notary Public in and for the State of Washington, residing at �� EXHIBIT 5 PERMIT AND APPROVAL SUMMARY CITY OBTAINED PERMITS AND APPROVALS: Sanitary Sewer Water Storm Sewer Streets Department of Ecology g Department of Social and Health Services Metro g King County R/W Permit X King County Boundary Review Board g DEVELOPER OBTAINED PERMITS AND APPROVALS Issued b the Cit of Auburn Sidewalk Permit Side Sewer Permit ** x Fill and Grading Permit g Water Meter Permit ** Building Sprinkler Connec- tion Permit Hydrant Use Permit g Hydrant Installation Permit Storm Drainage Permit Road Closure Notification X Right-of-Way Use Permit X Shoreline Management Act X State Environmental Policy Act (SEPA) (if applicable)* X State Flood Control Zone Permit Permits not Issued b the Cit of Auburn State Hydraulics Permit X X X X X X X X X X X X X I X X X X X X X X X X X X X X X * In most cases, the City will be responsible for the environmental review under SEPA. **SDC required with these permits. (See Exhibit 10) � � PERMIT AND APPROVAL DESCRIPTION: CITY OBTAINED PERMITS Department of Ecology: Once approvable sanitary sewer plans and spe- �" cifications are received by the Department of Public Works, two sets will be forwarded to the Department of Ecology (DOE), Redmond, Washington for their review and approval. DOE requires the submittal of the SEPA documents before their final approval is issued. DOE approval is required for all sanitary sewer system developer extensions which will be deeded to the City for public utiliza- tion. . Department of Social and Health Services: Plans and specifications for � potable water systems will be forwarded to the Department of Social and Health Services by the Department of Public Works. SEPA requirements are to accompany this submittal. Municipality of Metropolitan Seattle (Metro): Metro's review and approval is required for all public sanitary sewer extensions which are tribu- tary to the Metro System. King County Right-of-Way Permit: Sewer and water projects which extend beyond the corporate limits of Auburn must acquire a King County R/W permit for those projects which will be located within the County's right-of-way. � King County Boundary Review Board: Pursuant to RCW 36.93.090 extensions or permanent water and sewer service outside of the existing City limits requires review and approval of the King County Boundary Review Board. OWNER OBTAINED PERMITS AND APPROVALS - FROM CITY OF AUBURN � Sidewalk and Paving Permit: Auburn's Building Division issues this permit and is required if 1) street with curb and gutter is existing adjacent to site, 2) a driveway is installed and, 3) a parking lot is paved. ' Side Sewer Permit: Auburn's Building Division issues this permit and it is required for all building connections to the sanitary sewer system. Fill and Grading Permit: Auburn's Building Division issues this permit and it is required if substantial grading (more than 50 cubic yards) or earth- work is anticipated. If drainage characteristics are affected or noticeably altered, then erosion control measures may be required. � � � _� � �. Water Meter Permit: Auburn's Building Division issues this permit and it is required for all addition of water meters. Building Sprinkler Connection Permit: Auburn's Building Division issues this permit and it is required when connecting a building sprinkling system to the water main. :� Hydrant Use Permit: Issued by Auburn's Building Division and it is required for the utilization of any fire hydrant. �drant Installation Permit: Issued by Auburn's Building Division � and is required for any newly installated fire hydrant. Storm Drainage Permit: Areas being developed, i.e., new buildings, parking lots or fill property require provisions for natural drainage courses and surface water drainage. Plans containing professional engineer's stamp shall be submitted to the Building Division for approval and issuance of the permit. Road Closure Notification: Issued by Auburn's Engineering Division. This notification is required if any road or street is to be closed. This notification will require a detour route, signing plan, identification of streets to be closed, length of closure and hours of closure per day. � Right-of-Way Use Permit: Issued by Auburn's Engineering Division. This permi.t is required for and work done in, on, under and above the public right-of-way within Gity limits. This permit will require appropriate insurance, bonding and hold harmless agreements. A$10.00 fee � is charged for closures lasting up to 30 days and $50.00 for closures longer than 30 days. Shoreline Management Act: This permit is issued and administered through the City of Auburn, Department of Planning. Generally this permit is required if substantial development is contemplated 1) within 200 feet of the ordinary high water mark of the Green or Stuck River and their associated wetlands; 2) within the 100 year floodplain; or 3) within wetlands which are either sensitive or associated with applicable water bodies. There are certain exceptions which may affect your project, so it is recommended that the Planning Department be contacted. State Environmental Policy Act (SEPA): The owner will be respon- sible for either a) providing a copy of a previously issued Final Declaration of Non-Significance or Final EIS related to the project or b) submitting a completed Environmental checklist to the City. If the checklist is submitted, the City will be responsible (in most cases) for issuing the final declaration or supervision of an EIS. Certain improve- ments associated with sanitary sewers, water, storm sewers and streets are considered to be categorically exempt from SEPA requirements. Auburn's Planning Department can help you determine if these exemptions apply to the proposed facilities extension. � � OWNER OBTAINED PERMITS - NOT ISSUED BY THE CITY OF AUBURN � State Hydraulics Permit: This permit is issued by two separate state agencies; the Department of Game and the Department of Fisheries. It is necessary to obtain these permits when development is required � in or around a river, stream or creek. State F1ood Control Zone Permit: Any modification in the quan- tity or quality, or rerouting of storm water runoff within the designated flood control zone of Auburn will require the obtaining of a State Flood Control Zone Permit. The permits are issued by the State, however, the City of Auburn has been delegated the review and processing authority. � � , a EXHIBIT 6 P E R F 0 R M A N C E B 0 N D BOND TO CITY OF AUBURN, WASHINGTON KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, � � , as principal, and a corporation, organized and existing under the laws of the State of , as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as surety, are jointly and severally held and firmly bound to the City of Auburn, Washington, in the penal sum of __ dollars for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington, and the Ordinances of the City of Auburn, Washington. Dated at Auburn, Washington, this day of 19 , executed a developer extension agreement with the Owner Contractor mentioned above as bounden principal. The said agreement being identified as , and providing for which agreement is referred to herein and is made a part hereof as though attached hereto, and WHEREAS, the said principal has accepted, or is about to accept, the said agreement and undertake to perform the work therein provided for in the manner and within the time set forth: � NOW, THEREFORE, if the above bounden principal shall faithfully perform all of the provisions of said agreement in the manner set forth under this agree- ment, and shall pay all laborers, mechanics, sub-contractors and material men and all persons who shall supply principal or sub-contractors with provisions , and supplies for the carrying on of said work and shall hold said City of � � � � � � � � � Auburn, Washington, harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of said prin- cipal or any sub-contractor in the performance of said work, and shall indemnify and hold the City of Auburn, Washington, harmless from any damage or expense by reason of failure of performance as specified in said agreement, and The Surety, for value received, herein stipulates and agrees that no change, extension of time, alteration of addition to the terms of the agreement or the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligations of this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or.to the work or to the specification. PROVIDED, however, that after the acceptance for operation of this work, and the expiration of the lien period, and if there are no liens pending, then the penal sum of this bond, shall be reduced to either l0Y of the value of the improve- ments to be dedicated to the City or $2,000 dollars whichever is greater, to insure against defects appearing or developing in the material or workmanship provided or performed under this agreement within a period of one year after acceptance for operation; not withstanding the reduction of this bond, the prin- cipal and surety shall hold the City of Auburn harmless from all defects appearing or developing in the material or workmanship provided or performed under this agreement within a period of one year after acceptance for operation, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. It is hereby expressly agreed that if any legal action is necessary to be brought under the conditions of this bond, that the decisions of the Courts of the State of Washington shall be binding. IN WITNESS WHEREOF, the above-bounden parties have executed this instrument this day of � 19 Countersigned: Resident Agent Approved By: Principal Surety By Attorney in Fact Resident Agent's Address � � � EXHIBIT 7 ASSIGNMENT In lieu of a performance bond the undersigned do hereby assign, transfer, and set over unto the City of Auburn all rights, title and interest to dollars ($ ) of saving account number in the standing in the name with the City of Auburn having full power and authority to demand and collect and receipt said deposit and to give receipt and acquitance therefore, for the construction of It is understood and agreed that holds the passbook covering said account in its possession and agrees to hold $ until a release of this assignment from the City of Auburn Department of Public Works is received. SIGNED and DATED at , Washington, this day � o f , 19_ � _ Address of Depositors Signature of Depositors ACCEPTANCE � The undersigned hereby accepts the foregoing assignment of savings account number in the amount of $ this da of , 19 y � Name of Bank or Savings & Loan BY Signature of Title of Officer RELEASE The above assignment is hereby released, our interest being satisfied. DATE : 19 � � � City of Auburn Department of Public Works DIRECTOR EXHIBIT "8" E A S E M E N T THIS AGREEMENT made this day of , 198 by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter termed "Grantee" and and , his wife hereinafter termed "Grantor". WITNESSETH: That the said Grantor for valuable consideration does by these presents grant unto the Grantee a perpetual right-of-way or easement for with the necessary appurtenances through, over and across the following described property situated in King County, Washington. � � That said Grantee shall have the right without prior institution of any suit or proceeding at law, at times as may be necessary, to enter upon � said property for the purpose of constructing, repairing, altering, or reconstructing said facility, or making any connections therewith, without incurring any legal obligation or liability therefore; provided that such constructing, repairing, altering or reconstructing of said facility shall be "� accomplished in such a manner that the private improvements, existing in this right-of-way shall not be disturbed or destroyed, or in the event that they are disturbed or destroyed, they will be replaced in as good a condition as they � were immediately before the property was entered upon by the Grantee. The Grantor shall retain the right to use the surface of said ease- " ment, so long as said use does not interfere with the installation and main- , tenance of the facility and so long as no permanent buildings or structures are erected on said easement. Large trees which may interfere with future main- � tenance or repair of the line shall not be planted within the easement. This easement shall be a covenant running with the land and shall be binding on the successors, heirs, and assigns of both parties hereto. STATE OF WASHINGTON) ) SS COUNTY OF KING ) , I, the undersigned, a notary public in and for the State of Washington, hereby certify that on this day of , 19 , personally appeared before me and , to me ' known to be the individuals described in and who executed the foregoing instrwnent, and acknowledged that they signed and sealed the same as their free and voluntary act and deed, for the uses and purposes ' therein mentioned. Notary Public in and for the State of Washington, residing at n � � � � � , EXHIBIT 9 BILL OF SALE KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the sum of One Dollar ($1.00) and other good and sufficient consideration, receipt whereof is hereby acknowledged, the undersigned Grantor (s) do by these presents hereby convey, setover, assign, transfer and warrant to the City of Auburn, King County, Wash., a MUNICIPAL CORPORATION, the following public improvements Situated within the following described real property: and the said Grantor (s) hereby warrant that they are the sole owners of all the � property above conveyed; that they have full power to convey the same and that they will defend the title of the said Grantee against any and all persons lawfully making claim thereto. ' , � ' , IN WITNESS WHEREOF the Grantor (s) have executed these presents this day of STATE OF WASHINGTON) ) ss. COUNTY OF KING ) , 19 I, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, hereby certify that on this day personally appeared before me � ___ � to me known to be Che individual(s) described in and who executed the foregoing instrument and acknowledged that signed and sealed the same as free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and seal this day of , 19 NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, RESIDING AT � EXHIBIT 9 BILL OF SALE KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the sum of � One Dollar ($1.00) and other good and sufficient consideration, receipt whereof is hereby acknowledged, the undersigned Grantor (s) do by these presenta hereby ' convey, setover, assign, transfer and warrant to the City of Auburn, King County, Wash., a MUNICIPAL CORPORATION, the following public improvements . Situated within the following described real property: and the said Grantor (s) hereby warrant that they are the sole owners of all the � property above conveyed; that they have full power to convey the same and that they will defend the title of the said Grantee against any and all persons lawfully making claim thereto. IN WITNESS WHEREOF the Grantor (s) have executed these presents this day of __ , 19 . By By STATE OF WASHINGTON) ) ss. COUNTY OF KING ) President Secretary � On this day of , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, , personally appeared and to me known to be the President and Secretary, respectively, of ' the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that , authorized to execute the said instrument and that the seal affixed is the cor- porate seal of said corporation. , r Witness my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, RESIDING AT EXHIBIT 10 INFORMATION ON THE SYSTEM DEVELOPMENT CHARGE PURPOSE The Auburn City Council adopted Ordinance No. 3510 in May of 1980 and was amended by Ordinance No. 3610 in March of 1981. The City of Auburn is growing very rapidly and requires additional improvements to the utility system. It was not reasonable to raise water and sewer rates sufficiently to fund all the need improvements. After considerable discussions and public meetings, it was deter- mined that additional revenue was desperately needed in order ta fund needed and anticipated water and sanitary sewer capital improvements. The System Development Charge ordinance provides for a special fee which will be specifi- cally utilized for needed improvements. The monies collected will not be totally sufficient to fund ali the future capital improvements so the water and sewer rates will be raised accordingly to be used in the funding. In this manner, new development will be paying its fair share for future improvements required due to growth. The System Development Charge will not be used for nor- mal maintenance and operation expenditures. In this way, water and sanitary . sewer rates can remain reasonable for both existing and future customers. EXEMPTIONS An exemption may be granted by the City of Auburn Utility Committee and confirmed by the City Council, if off site and/or community facilities are constructed and paid for by a developer and/or landowner. Utility improvements w'ithin the subdivision or development or immediately adjacent to it are not con- sidered off site improvements. Unusual improvements that relate to a particular development that might be considered for an exemption could be a water well, reservoir, lift station or sanitary sewer force main. A late comer agreement could cancel out any or all of the exemption related to a System Development Charge. The following are typical examples of exemptions which might be given for various improvements funded by a developer. Example ��1 A developer has installed a large sanitary sewer force main and lift station to serve a development and several other thousand acres. No late comer agreement. Force Main Lift Station Total Cost of Off Site (Area Facilities) $ 700,000 560,000 $1,260,000 � ' An exemption will be given for $1,260,000 towards the System Development Charge based on sewer service requiring 3/4" meters. There would be an exemp- ' tion of 6000 connections. $1,260,000 :$210 per connection = 6000 connections. There could be any mixture of various size sewer connections which totals $1,260,000. ' Example �k2 The developer has installed a water well and reservoir to serve a � development. Water Well $100,000 Reservoir $425,000 Total Cost of Community $525,000 (Area Facilities) . An exemption will be given for $525,000 towards the System Development Charge, based on water service requiring 3/4" meters. There would be an exemp- ' tion of 1,250 connections. $525,000 @$420 per connection = 1,250 connections. Exemptions will not be given for oversize water and/or sanitary sewer lines within or adjacent to a development. These facilities or improvements would normally be required prior to the adoption of the System Development ordinance. ' FEE SCHE DULE: Water Cost Sewer Cost Meter Size Per Meter Per Meter , 3/4" $ 420 $ 210 1" $ 1,052 $ 526 ' 1 1/2" $ 1,894 $ 947 ' 2" $ 2,946 $1,473 4" $ 9,046 $4,523 ' 6" $16,622 $8,311 The preceding fee schedule was amended in March 1981 and will be reviewed � annually by the City Council and the rates of charges will be revised to reflect changes in cost of construction occurring since the preceding review. , r � COLLECTION The Utility System Development Charge is immediately due and payable upon and concurrently with the issuance of a permit for connection to the sanitary sewer or water system of the City. USE OF SYSTEM DEVELOPMENT CAARGE REVENUE All System Development funds derived are to be segregated by appropriate approved accounting practices from all other funds the CitY. That portion of the Utility System Development charge calculated and collected on account of sanitary sewers shall be used for no other purpose than installing, constructing, and extending extra capacity sewer facilities; and that portion of the Utility System Development charge calculated and collected on account of water shall be used for no other purposes than installing, constructing and extending extra capacity water facilities. ' , ' �J EXHIBIT 11 PAYBACK AGREEMENT THIS AGREEMENT made and.entered into this day of , 19 , by and between the CITY OF AUBURN, a municipal corporation, hereinafter called the "CITY," and WITNESSETH: That WHEREAS, the City has.by Resolution No. adopted by the City Council of the City of Auburn, Washington on the day of . 19 approved the Execution or a Payback Agreement for sanitary sewer/storm/water facilities constructed by as described on Exhibit,"1," attached hereto; and, WHEREAS, said have offered and the City of Auburn has agreed to accept said facility as part of the municipal sani- tary sewer/storm/water system of the City of Auburn; and, NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. own cost and expense above described. have constructed at their sanitary sewer/water facility as 2. For a period of ten (10) years from the date of recording of this Agreement with the King County Auditor's Office, any person, firm or cor- poration owning real estate and not contributing to the original cost of such facility, 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 . ' 3. The provisions of the Agreement shall not be effective as to any owner of real estate not a party hereto unless a copy of this Agreement shall have been recorded in the office of the Auditor of King County, , Washington, prior to the time such owner taps into or connections with such facility. � , r 4. The construction of the utility extension having been completed and accepted for operation by the Department of Public Works, the facility has become a part of the municipal system of the City of Auburn. Maintenance and operation costs of said lines and facilities shall be borne by the City. �I , S. No person, firm or corporation to tap into these facilities, or extensions thereof, during the period of time described in Paragraph Two (2) of this Agreement without first paying to said , in addition to any and all other costs and charges made and assessed for the use of these facilities.by the City, the amount, as set forth in Paragraph Two (2). Said shall notify the Department of Public Works that this requirement has been met and then the City may issue a permit to those wishing to tap into these facilities. 6. Whenever any tap or connection is made into the facility described in accordance with Paragraph Two (2), the City may remove or cause to be removed such unauthorized taps or connections and all connecting lines or pipes located in the facilities right-of-way and dispose of such material removed without any liability whatsoever. 7. It is further understood and agreed that said are (is) not an agent(s) or employee(s) of the City. IN WITNESS WHEREOF, the parties hereto have set their names and seals , the day and year first hereinaboye written. CITY OF AUBURN By MAYOR ATTEST: , CITY CLERK OWNE R : By �_J ' ' STATE OF WASHINGTON ) )ss COUNTY OF KING ) On this day of , 19 , before me, the undersigned a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his (their) free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year first above written. C�]?I�f�� NOTARY PUBLIC, in and for the State of Washington, residing at STATE OF WASHINGTON ) ) ss COUNTY OF KING ) , On this day of , 19 before me the under- signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared and , to me known to be the Mayor and City Clerk, ' respectively, of the City of Auburn, a municipal corporation, and the cor- poration that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath atated that they are , authorized to execute the said instrument and that the seal affixed is the cor- porate seal of said corporation. ' ' ' WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at �_� ' CORPORATION ' IN WITNESS WHEREOF, said corporation has caused this instrument to be ' executed by its proper officers and its corporate seal to be hereunto affixed this day of , 19 ' By sy ' STATE OF WASHINGTON) ) ss. � COUNTY OF KING ) President Secretary On this day of , before me, the undersigned, ' a Notary Public in an� for the State of Washington, duly commissioned and sworn, personally appeared and to me known to be the President and Secretary, ' respectively, of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that ' authorized to execute the said instrument and that the seal affixed is the cor- porate seal of said corporation. , Witness my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, RESIDING AT r � � STATE OF WASHINGTON) ) ss. COUNTY OF KING ) On this day of , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared and to me known to be the President and Secretary, respectively, of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that authorized to execute the said instrument and that the seal affixed is the cor- porate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, RESIDING AT