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Home My WebLink About5850 ORDINANCE NO. 5850 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING AUBURN CITY CODE CHAPTER 13.08 ENTITLED "WATER MAIN EXTENSIONS" FOR THE PURPOSE OF REVISING CODE LANGUAGE TO CLARIFY INTENT WHEREAS, a review of the current code revealed a need to clarify the language throughout the chapter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Chapter 13.08 of the City of Auburn Code is amended to read as follows: Chapter 13.08 WATER MAIN EXTENSIONS AND PAYMENT Sections: 13.08.010 Chapter purpose. 13.08.015 Definitions. 13.08.020 Supervision and extent. 13.08.030 Main installation - Cost liability - Specifications. 13.08.040 Oversizing. 13.08.050 Fire hydrants - Required. 13.08.060 Fire hydrants Installation on existing mains. 13.08.070 Payback agreement. 13.08.080 Connections on unassessed property Charge Generally. 13.08.090 Connections on unassessed property Charge Payments Nonpayment action. 13.08.010 Chapter purpose. This chapter regulating the extension of and payment of the for water mains is for the purpose of uniformity in establishing extreme limits of water mains, and is to promote fairness among the abutting property owners on both sides of ---------------------------- Ordinance No. 5850 May 27,2004 Page 1 streets on which water mains are located and to avoid public harm or creation of nuisance situations. (Ord. 5212 § 1 (Exh. H), 1999; Ord. 4776 § 1,1995; 1957 code § 10.10.010.) 13.08.015 Definitions. A. "City of Auburn desiqn and construction standards" means the requirements adopted under ACC 12.04 for storm drainaqe, sanitary sewer, street. and water desiqn and construction. B. "Local improvement district" means a method of assessinq benefitinq properties in financinq needed capital improvements throuqh formation of special assessment districts. 13.08.020 Supervision and extent. All persons or local improvement districts desiring to extend city water mains in the city must extend the same under the supervision of the general supervisorthe city enqineer. All extensions shall extend to and across the full width of the property served with water. No property shall be served with city water unless the water main is extended to the extreme boundary limit of the property line extending the full length of the front footage of the property. (Ord. 5212 § 1 (Exh. H), 1999; 1957 code § 10.10.020.) 13.08.030 Main installation - Cost liability - Specifications. In all cases where property owners desire to beare required to extend water mains, served '/lith water mains, the property se-owner to be served shall pay for the installation cost of the water mains. All water mains to be installed inside or outside the city limitswithin the city's water service area shall be eight inch '/later mains or largersized in accordance with the city's comprehensive water plans and the city of Auburn desiqn and construction standards. (Ord. 5212 § 1 (Exh. H), 1999; 1957 code § 10.10.030.) 13.08.040 Oversizing. When it is deemed necessary by the city to install major transmission lines larger than are required to serve adjacent properties for domestic, industrial or fire protection purposes, the city shall paymay. pursuant to a written aqreement between the city and the developer neqotiated in advance to any work. compensate the developer for the difference in cost of the oversizing, if the extension is economically feasible for the water di'.'isioncity. Size of the water main to serve the abutting property shall be determined by the city engineer taking into consideration length of line, potential land use and fire flow requirements. (Ord. 5212 § 1 (Exh. H), 1999; 1957 code § 10.10.040.) ---------------------------- Ordinance No. 5850 May 27,2004 Page 2 13.08.050 Fire hydrants - Required. All new water mains to be installed within the city's water service area inside or outside the city limits shall include fire hydrants for adequate fire protection. Hydrants shall be installed in accordance with the city of Auburn desiqn and construction standards. (Ord. 5212 § 1 (Exh. H), 1999; 1957 code § 10.10.050.) 13.08.060 Fire hydrants Installation on existing mains. In those areas INhere water mains are already installed but no '.vater hydrants are installed on the water mains, the city will install fire hydrants '.vhen the property o'.vners in the affected areas have first paid in advance to the city the actual cost of the fire hydrants and fittings for the same. It is unlawful for any person to install a fire hydrant '.vithout first obtaining a permit to do so from the general supervisor. ,^, permit fee of $25.00 shall be paid to the director of finance upon application of said permit. (Ord. 5212 § 1 (Exh. H), 1999; Ord. 3358 § 2, 1979; 1957 code § 10.10.060.) 13.08.070 Payback agreement. The public 'Narks directorcity enqineer is authorized and directed to execute payback agreements at the request of the developer upon city council approval. All payback agreements shall be executed pursuant to ACC 13.40.060. (Ord. 5212 § 1 (Exh. H), 1999; Ord. 4760 § 1, 1995; 1957 code § 10.10.070.) 13.08.080 Connections on unassessed property Charge Generally. Property not previously assessed for 'A'ater mains abutting their property may be connected to the abutting 'Nater main; provided, that all such property shall pay a charge in lieu of assessment in an amount equal to the assessable units of frontage, multiplied by the average local improvement assessment per unit of frontage for water mains in Auburn for the year in which the '.'later main was constructed. In computing the assessable units of frontage for unplatted property, 80 feet shall be considered an average lot for residential areas only. (Ord. 5212 § 1 (Exh. H), 1999; 1957 code §10.10.080.) 13.08.090 Connections on unassessed property Charge Payments Nonpayment action. Charges for connections to abutting '/later mains as outlined in /\CC 13.08.080 shall be payable in full by the property O\Nner within 30 days after receipt of the payment invoice from the director of finance or under an installment contract over a 10 year period after date of connection. In the event any such property ---------------------------- Ordinance No. 5850 May 27 2004 Page 3 oVo'ner elects to make payments on said annual basis, he shall execute a contract in such form as shall be prescribed by the director of finance, which contract may be paid in 10 equal annual installments commencing one year after the date the special connection was made, with interest on the whole unpaid sum at the rate of 12 percent per year. Such installment contract shall provide that any unpaid balance may be paid in full in any year at the time the annual installment for such year is due and payable, and shall further provide that any installment not paid 'Nhen due shall be delinquent and there shall be added to the came a penalty of five percent of the amount of the overdue installment and interest, and such interest shall become a part of the lien upon the property. Such contract shall contain a legal description of the real property subject to the special assessment, shall be ackno'.vledged by the property OYo'ner and shall bo made a covenant running with the land and shall provide that the unpaid balance shall be a lien upon the property to '#hich the connection is made, superior to all other liens and encumbrances except those for general taxes and special assessments, which may be foreclosed in the same manner provided by law for the foreclosure of delinquent local improvement district assessment liens. The contract shall be recorded in the appropriate county office of the county in which the property is sited at the expense of the property owner and upon payment in full a release of the lien shall be executed by the city by the mayor and attested by the city clerk. All moneys collected from the payment of latecomer special assessments charges pursuant to this section shall be deposited by the director of finance in the appropriate city fund that financed that particular '::ater improvement. (Ord. 5212 § 1 (Exh. H), 1999; Ord. 3608 § 1, 1981; Ord. 3396 § 1, 1979; Ord. 2761 § 1, 1973; 1957 code § 10.10.090.) Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this ordinance. Section 3. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected. ---------------------------- Ordinance No. 5850 May 27,2004 Page 4 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 \ / ~.) Dan . lie Daskam City Clerk APPROVED AS TO FORM: á; Published: o l ¿"~(o~ ---------------------------- Ordinance No. 5850 May 27,2004 Page 5 INTRODUCED: JUN 2 1 2004 PASSED: JUN 2 1 2004 AP~(~ 20:~ PETER B. LEWIS MAYOR ........------.--