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HomeMy WebLinkAbout51441 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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