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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effective date of this Ordinance, repealed in its entirety.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
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Ordinance No. 4241
Page One �� { q � —
$/3/s7, s/io/s� �1-s���� �%.�' �� Gr-�.�, ���./�, ���.� `�"���1�'
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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
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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.
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Ordinance No. 4241
8%�%87w�8/10/87
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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.
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Ordinance No. 4241
Page Three
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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.
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Pagen�`our N08/3�J87,8/10/87
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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
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Ordinance No. 4241
Page Five
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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
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Ordinance No. 4241
Page Six
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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.
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Ordinance No. 4241
Page Seven
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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;
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Ordinance No. 4241
Page Eight
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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.
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Ordinance No. 4241
Page Nine
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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.
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Ordinance No. 4241
8���J87en8/10/87
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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.
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Ordinance No. 4241
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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
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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.
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Ordinance No. 4241
Page Thirteen
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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
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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
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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
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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
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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
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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 �/
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�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
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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
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2
3
5
5, 6, 7
7, 8, 9
9, 10
10, 11
11
11, 12
12, 13
13
13, 14
14
14, 15
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�
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�
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
��
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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�
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� (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
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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
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'
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
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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
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' 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.
'
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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.
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(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
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,
' (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.
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�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
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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.
�
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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.
'
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�
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,
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.
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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.
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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.
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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.
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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
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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.
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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
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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
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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