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ORDINANCE NO. 5 I 4 4
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING
AUBURN CITY CODE SECTION 13.40.030 ENTITLED "DESIGN PLANS
REQUIREMENTS" TO REQUIRE THAT ALL UTILITY EXTENSION DESIGN
PLANS BE IN CONFORMANCE WITH THE MANUAL "CITY OF AUBURN DESIGN
AND CONSTRUCTION STANDARDS" WHICH SUBSECTION IS CONTAINED IN
CHAPTER 13.40 ENTITLED "UTILITY EXTENSIONS" IN TITLE 13
ENTITLED "WATER, SEWERS AND PUBLIC WORKS".
WHEREAS, it is in the public interest to adopt more
complete guidelines for design plan submitted in conformance
with the manual entitled
Construction Standards";
"City of Auburn Design and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Auburn City Code Section 13.40.030 entitled
"Design Plans Requirement" contained in Chapter 13.40 entitled
"Utility Extensions", is hereby amended as set forth in
attached Exhibit "A" which is by this reference made a part
hereof as though set forth in full herein.
Section 2. The provisions of this ordinance are declared
to be separate and severable. The invalidity of any clause,
sentence, paragraph, subdivision, section or portion of this
ordinance, or the invalidity of the application thereof to any
person or circumstance shall not affect the validity of the
remainder of this ordinance, or the validity of its
application to other persons or circumstances.
Ordinance No. 5144
September 22, 1998
Page 1
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Section 3. The Mayor is hereby authorized to implement
such administrative 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.
INTRODUCED:
October 19, 1998
PASSED:
October 19, 1998
APPROVED:
October 19, 1998
ATTEST:
Danlelle E. Daskam,
City Clerk
A. BOOTH
MAYOR
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
PUBLISHED: /6~'~ -~ ~ [
Ordinance No. 5144
September 22, 1998
Page 2
Chapter 13.40
UTILITY EXTENSIONS
Sections:
13.40.010
13.40.015
13.40.020
13.40.030
13.40.040
13.40.050
13.40.060
Utility extension defined.
Payback agreement defined.
Utility extension agreement - Issuance authority - Application form.
Design plans requirements.
Acquisition of easements - Bond requirements - Bill of sale furnished to city -
Extensions.
Fees.
Payback agreement.
13.40.010 Utility extension defined.
As used in this chapter, "utility extension" means the extension of a sanitary sewer, water or
storm line belonging to the city, a city street or alley, a franchised utility including but not
limited to telephone, electric power, gas or cable television lines, or that determined by the city
engineer to be of public use. (Ord. 3375 § 2, 1979.)
13.40.015 Payback agreement defined. As used in this chapter:
A. "Payback agreement" shall be defined as an agreement between the city and a developer
for the sole purpose of reimbursing such developer for a pro rata portion of the original costs
incurred by that developer for the installation of public utility systems to the extent such
facilities benefit future connections. (Ord. 4759 § 1, 1995.)
13.40.020 Utility extension agreement - Issuance authority - Application form.
The city engineer shall have charge of issuing utility extension agreements within franchised
utility areas and to all persons including corporations, firms, companies, individuals, government
agencies or officials or any organization of any kind upon the application for the engineering
agreement to extend a utility and shall provide an application form for the utility extension
agreement to be filled out by each applicant. (Ord. 3375 § 3(A), 1979.)
13.40.030 Design plans requirements.
Four sets of 24 by 36 inch size plans or a sufficient number of sets, as determined by the city
engineer, covering the design of the utility extension shall be submitted for approval by the city
upon application for the utility extension agreement. The plans shall be stamped by a registered
engineer and prior to final city acceptance of the work the original design drawing or a mylar
reproducible drawing with as-built information included shall be furnished to the city. All plans
shall be in conformance with the City of Auburn Design and Construction Standards. (Ord. 3375
§ 3(B), 1979.)
13.40.040 Acquisition of easements - Bond requirements - Bill of sale furnished to city -
Extensions.
All easements shall be acquired by the developer prior to city authorization to commence
work. A bond for 10 percent of the cost of the improvement shall be retained for one year
commencing from the city's final acceptance of the extended utility. The bond is a one-year
Ordinance No. 5144
Exhibit A
September 22, 1998
Page I
guarantee bond. A performance bond shall also be posted if applicable. At the time the utility
extension is turned over to the city, a bill of sale shall be furnished to the city and a written
statement as to the plant worth of the utility extension shall be provided. A utility extension lying
outside the city limits shall provide an address map; also, a plat certificate shall be furnished if
applicable. (Ord. 3375 § 3(C), 1979.)
13.40.050 Fees.
The issuance of a utility extension agreement shall authorize the city engineer to collect fees
covering engineering, inspection, surveying, administrative costs or any other applicable
engineering cost as determined by the city engineer. The fees shall be actual labor costs plus
fringe benefits and overhead costs. All fees shall be paid to the city engineer prior to final city
acceptance of the work. (Ord. 3375 § 4, 1979.)
13.40.060 Payback agreement.
A. The public works director is authorized and directed to execute payback agreements as
defined in ACC 13.40.015 at the request of the developer upon City Council approval. The
agreement shall be executed in conformance with the city's "Developer's Public Facility
Extension Manual for Storm Sewers, Sanitary Sewers, Water and Streets".
B. The payback reimbursement charge to other properties shall be based on the total project
cost, figured on a front foot or area assessment basis, or other equitable method, as determined
by the city, or any combination of these methods at the reasonable discretion of the public works
director. The project costs may include all applicable design and construction charges of the
project submitted by the developer and approved by the city.
C. All properties connecting to a public utility system for which a payback agreement is in
force and which property has not been assessed the connection fee as provided in the payback
agreement or has not borne an equitable share of the costs of such public system shall be subject
to a payback connection charge. The connection charge shall be based on a pro rata share of the
costs as stated in the payback agreement, at the reasonable discretion of the public works director
and approved by the city council. Payment of the payback charge shall be made in full to the
city prior to connecting to the public utility system. (Ord. 4759 § 1, 1995.)
Ordinance No. 5144
Exhibit A
September 22~ 1998
Page 2