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1 ORDINANCE NO. 4 4 7 9
2
3 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING
CODIFIED CITY ORDINANCE 13.20.410 RELATING TO SEWER CHARGES,
4 CHAPTER .13..41.RELATING.,TO UTILITY,_SYSTEMS".DEVELOPMENT CHARGE
AND CHAPTER 13.48 RELATING TO STORM DRAINAGE UTILITY.
5 THE CITY COUNCIL OF THE CITY OF AUBURN,'WASHINGTON, DO
6 ORDAIN AS FOLLOWS :
7 section 1. Section 13.20.410, entitled Charge in lieu of
1. 8
assessment--Method of computation of Chapter 13.20 of the
9 Auburn City Code, be amended as follows:
10
11 13.20.410 Charge in lieu of assessment--Method of
computation.
12 ~~Sa}~_ehages-shall-be-eempttteel-en-a-€ent-€eet-basis
13 €e-tl~e-aetttal-nt3ml~e~-e-lneal-€eet-a€-se6ae~-lr~e-entng-en
14 the-p~epe~ty-19e~ng-se~~*eel-anel-mttl~~plleel-bp-ene-l~al~-tl~e
15 eempttteel-east-pew-l~rieal-€eet-ef-~eplaeex~ent-e~-said-se~e~
16 line---The-eity-engineer-shall-annually,--em-clanuary-lst;
17 eempute-the-east-ef-replaeement-en-the-basis-a€-the-best
1$ a~ra~leble-~n€e~°ntat~en---Stzel~-eha~ge-shall-be-made-by-tl~e-eltp
19 at-tke-time-e-appleaten-€e~-eenneetlen-)) Property not
20
Previously assessed for-sewer-lines abutting their property
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may be connected to the abutting sewer.line; provided, that
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all such property shall pay a charge in lieu of assessment in
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an amount ectual to the assessable units of frontage,
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Ordinance No.-4479
December 12, 1990
Page 1
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2 multiplied by one-half the computed cost per linear foot of
3 sewer line for the year in which the sewer line was
4 constructed In computing the assessable units of frontage
5 for unplatted property eighty feet shall'be considered,an
6 average lot for residential` areas only.,.
7 Section 2 Chapter 13.41,-entitled Utility Systems
8 Development Charge of.the Auburn City Code, be amended as
9 follows:
10 Chapter 13.41
11 UTILITY SYSTEMS DEVELOPMENT CHARGE
12 Sections:
13'.4`1.010 Definitions.
13 13.41.020 Purpose.'
13.41.030_ Utility-systems development charge imposed--
14 Rates Review
13.41.040 Collection.
15 13_...41.050 'Credits.
13.41.060 Segregation and use,of. revenues.
16 .13.41.070 Appeals..,
13.41.080 Scope.
17
13:41.010- Definitions.
18
As. used in this chapter, unless the context otherwise
19
requires;
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A. "Extra capacity facilities" 'includes but is not
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limited to:
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1. For water, participation in pump stations,
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standby generators, reservoirs, and large
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Ordinance No. 4479
December 12, 1990
Page 2
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2 transmission lines needed to improve fire flow
3 and pressure.;
4 2. For sewers, participation in lift stations,
5 force mains, -largei trunk lines needed to
6 improve capacity. or eliminate: a. storm- and
7 sanitary sewer cross-connection.
8 3 For storm drainage participation in .pump
9 -stations standby:'generators, regional storage
10 facilities large conveyance lines, regional
11 water quality facilities. stream, creek or.
12 river improvements "and.. diversion facilities
13 needed to improve capacity or eliminate storm
14 and surface water flooding problems.
15 ( (B--Uut!Iity,--sys-tem9--4evei-e~t--ehargeu- -fo-r- -the
16 p~?~pese--o~-ee€€eet~e~; --~-pest€e~-~rf--the--~~t-s--e€
17
18 €se€€~t~es--trpoi`r-'i~pofl~r~~--~eea~eel--~-i-~ri~r--easel
19 witheut--the- -.ditty-! ~ Ne. --3ee&--€er--these
20 €ae€~€1res-).)
21 B "Utility systems development charge" is, for the
.22 purpose of collection a portion of the costs of
23 increasing the capacity of sewer, water and storm
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Ordinance No. 4479
December 12, 1990
Page 3.
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2 drainage facilities upon properties which create
3 need for those facilities. The sewer and water
4 utility system development charge is imposed on
5 _..,properties located within and without the city and
6 the storm drainage utility system development charge.
is imposed' on properties located only within the
7
8 city.
9 13.41.020 Purpose.
10 The-city council has determined that it is reasonable and
11 in the public interest,to enact and impose a utility .systems
development charge for the purpose of recovering a fair share
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13 of the costs. of ( (aelditiene~--e}~aet~--seeL--acrd--t
14 tae~ties-onr~x>se-i°ege~ies,--~eeateel-iri-n--a-r-6athet~t
15 the i ii -rrit~-,- pr ek-as--past ~>=-tke r- e3 rt -a~►c--tree
16 ereate-n6eds-€et-.these-€aeilities:).)additional.capacity sewer,
17 water and storm drainage-facilities from those properties,...
18 which as apart of their development and use create needs for
19 those facilities The -sewer and water utility system
20 development charge is imposed on properties located within.and
21 without.-the city, and -the storm drainage utility system
22 development charge is imposed on properties located only
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23 within the city. The city council finds that the public would
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Ordinance No. 4479
December 12, 1990
Page 4
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2 benefit from a logical long-range approach to the financing of
3 necessary central facilities. Experience has demonstrated
4 that the lack of such provision..casts-an.unfair and unexpected
5 burden on taxpayers and•residences in-the forme-of taxes,-,:-bond.
6 interest-costs and-assessments-when core or-central facilities
7 become 'inadequate causing a,crisis Operating from crisis to
8 crisis is wasteful,-.unsafe and no longer an acceptable method
9 of local government;- and. debt financing should be minimized
10 wherever possible. The utility systems development charge
11 herein described is-designed and calculated to be of such
12 amount as. will. eventually create reasonable reserves to. pay
13 the public's -fair share- of basic and essential services
14 facilities as the needs-arise.
15 13.141.030 Utility systems development charge imposed--
Rates--Review..
16
((~4--~4-tr~~~~~y-sysiremg-de~ae~egmen~-el~arge-i9-i~npeseel-ttpe~
17
ail-le"ds-4-r--t4we--e~k1=y, all- a -&red"by- t-he -e4:ty
18
but- eatside-tire- -rf--tyre--e-rt-y-,-~n& -&I-I- -lands
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21
ef-the-e-itn, •ept--t4iase--1-tnds-~~eftt13_teI*-trr&er-th4:5
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ekapeer;-at-t e-€elIewimq-rate's
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Ordinance No. 4479
December 12,'1990
Page 5
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2 A. A sewer and water utility system development charge
3 is imposed upon all lands in the city, all lands
4 owned by the city but outside the boundary of the
5 city and all lands outside the boundary of the city
6 which utilize either sewer facilities or water
7 facilities or both of the city, and a storm drainage
8 utility system development charge is imposed upon
9 all lands in the city, except those lands exempted
10 under this chapter, at the following rates:
11 Meter Water Sewer
12 Size Cost/Meter Cost/Meter
(in inches)
13 3/4 $ 420 $ 210
1 1,052 526
14 1-1/2 1,894 947
2 2,946 1,473
15 4 9,046 4,523
6 16,622 8,311
16 Storm Drainage
17 Single family parcels -$400.00/parcel
18 Multi-family, two residential unit parcels -$400.00/parcel
Multi-family, three residential unit parcels -$400.00/parcel
19 Other parcels -$400.00/E.S.U.
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B. The utility systems development charge imposed shall
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be reviewed annually by the city council and the
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rates of charges shall be revised to reflect changes
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Ordinance No. 4479
December 12, 1990
Page 6
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2 in costs of construction occurring since the
3 preceding review.
4, •13.41.040 Collection.
5 ((9p,he-utility-systems-devel6pment-eharge-4:s-4:mmed4:atel-y
6 dtte-arid-peyeb~e-t~peri-ebta~n~r~g-a-~aa~~d-pe~~1:-€er-eenneelrien
7 Ire-the-sewer-er-water-system-e€-the-eity:}}7
g The water and sewer utility systems development..charge is
9 immediately due and payable upon obtaining a valid permit for
10 connection-to the sewer or water`::system of the city-and the
11 storm drainage utility system development charge is
12 immediately due and payable upon obtaining a valid permit-for
13 connection to the storm drainage-system-of the city or
14 obtaining a valid building permit. to develop the parcel.
15 13.41.050' Credits.
16 Credits willi be granted under..the, provisions, of this
17' chapter as set forth in written-agreement, recorded in the
18 King County auditor',s office, as negotiated between the land
19 developer- and the city council ((ut4:-14:ty))pub1:ic works
20 committee and as ratified by the city council.
21 13.41.060 segregation and use,of revenues.
22 All funds derived from the utility systems development
23 charge are to be segregated by'.appropriate.approved accounting
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Ordinance No. 4479
December 12; 1990
Page 7'
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2 practices from all other funds of the city, 'that portion of
3 the utility_systems,development charge calculated and
4 collected on account of sewers shall be used for.no other
5 purpose than installing, constructing, and extending:.extra
6 capacity sewer facilities;- and-that portion of the utility
7 systems development charge calculated and collected on:account
8 of water shall be used-for no.other purpose than installing,
9 constructing,-and extending extra capacity water facilities;
10 and_: that -portion of the--utility-systems development .charge
TT calculated,,and collected on account of storm drainage shall be
12 used for no other purpose than installing, constructing, and
13 extending,extra capacity storm drainage facilities
14 13.41.070 Appeals.
15 Any person who is aggrieved by any decision required or
16 permitted to`be made by the public works.di-rector under this
17 chapter may appeal ..that decision--.to the.city. council
18 ((utility)) public works committee by filing a written request
19 with the city clerk, describing with particularity that
20 portion of the decision of the public works director from
21 which.the person appeals. The written appeal shall be filed
22 within ten days-from the.date of the Assuance of the written
23 decision by the..public works director. Thereafter any person
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Ordinance No. 4479
December 12, 1990
Page 8
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2 who is aggrieved by any decision of the city council
3 ((utillty))public works committee may appeal that decision to
4 the entire city council by filing a written request with the
5 city clerk describing with particularity that portion of the
6 decision of the city council ((utility))public works committee
7 from which the person appeals. The written appeal shall be
8 filed within ten days from the date of the issuance of the
9 written decision by the city council ((utility})public works
10 committee. Failure to so file the written appeal within ten
11 days shall bar any further appeals on that decision
12 thereafter. In determining the appeal, the city council
13 ((ut!14ty))public works committee or the entire city council
14 shall determine whether the public works director's decision
15 or the city council ((utility})public works committee's
16 decisions were correct and may affirm, modify, extend, or
17 overrule either of those decisions.
18
Chapter 13.48
19
STORM DRAINAGE UTILITY
20
21 13.48.020 Established.
22 The city council creates and establishes for and on
23 behalf of the citizens of the city a storm drainage utility,
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Ordinance No. 4479
December 12, 1990
Page 9
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2 ( (as-pale-a€-lie-sani~ap-sewer-~1=~1:p_)) , in accordance with
and subject to the'laws of the state including the
3
establishment of_rates and charges therefor. The city council
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5 further establishes that the storm drainage utility boundaries
6 shall coincide with the legally established boundaries of the
7 city's corporate limits
8 13.48.030 Storm drainage system defined.
9 The city council declares that the "storm drainage
10 system" shall be defined as follows: Natural and manmade
11 storm drainage facilities used for the-conveyance and/or
12 storage.or water quality treatment of storm and surface water
r 13 within the boundaries established in Section 13.48.0.10
14 including, without limitation, all such properties, interests
15
and.rights acquired by adverse possession or by prescription.
16
The definition also includes the conveyance or storage of
17 storm and surface waters that flow through, under, or over
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lands, land forms, water courses, sloughs, streams, ponds,
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rivers, lakes-.and swamps, beginning. at a-point where storm or
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surface waters enter the city.system and ending at a point
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where such storm or surface waters.exit from the city's storm
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and surface water system, and in width to the full extent of
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inundation caused by storm or flood conditions.
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Ordinance No. 4479
December 12, 1990
j Page 10
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2 13.48.060 Authority to establish rates and charges.
3, A. The city shall establish by-.ordinance, rate
4 classifications, service charges, inspection
5 and permit fees, application and-connection
6 fees, and such other fees and charges necessary
7 and sufficient in the opinion of.the city
8 council- to pay for the following,:
9 1. The costs associated.with the development
10 ((and)) adoption and implementation of a
11 comprehensive storm drainage.-utility
12 master plan;
1-3 .2. The costs, including debt-service and
14 related financing expenses, of the
15- -construction-and reconstruction,of storm
16 drainage and water quality facilities.
17 necessary and required for the handling of
18 storm and surface waters that benefit the
19 service area but not presently in
20 existence;
21 3. The operation, repair, maintenance,
22 improvement,. replacement and
23 reconstruction of storm drainage
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Ordinance No. 4479
December 12,1990
Page 11
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2 facilities that benefit the service area
3 which-presently exists
4 4._ The purchase of.a fee or lesser interest,
5 including easements, in land.which..may be
6 necessary for'the storm drainage-.system in,.
- 7 the service-area including, but not
8 limited to, I.a,nd necessary for the
9 installation and construction of storm
10 drainage facilities and all'.other
11 facilities, including,retention and
12 detention facilities, water quality
13 facilities which are reasonably required
14 for. proper and adequate handling of storm
15 waters for the benefit.of.the.service
16 area;.
17 13.48.-110 Charges.
18 The following-charges are established for all parcels of
19 reap-property in the city:
20 A. Single-family Residential Parcels: The single-
2.1 family residential charge shall be ((twe-dell-ars-per.
22 menth-€er-eaeh-pareei-having-ene-resident}aI
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Ordinance No. 4479
December 12, 1990
Page 12
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2 dwe}}4:nej:))in accordance with the following
3 schedule:
4 1. As of January 1st, 1991 - $3.50/Residential
Parcel
5 2. As of January 1st, 1992 - $4.00/Residential
.6 Parcel
7 3. As of January 1st, 1993 - $4.50/Residential
Parcel
8 4. As of January 1st, 1994 - $5.00/Residential
9 Parcel
10 5. As of January 1st, 1995 - $5.50/Residential
Parcel
11 -And thereafter at'the January 1st, 1995 rate
12 until further modified by city council action.
13 13.48.250 Connections.
14 A. Required Connections. All nonsingle family
15 residential building permits.((that-en ail-€ive
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theusand-er-mere-square-feet-a€-development
17 eeverage-w4-thln--the-property) ) shall be subject
18 to a mandatory connection to a public storm
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drainage system where the development has the
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potential to negatively impact public or
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private property or receiving waters as
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determined by the city engineer or whenever an
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existing public system is available adjacent to
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Ordinance No. 4479.
December 12, 1990
Page 13
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2 the-site.or where the public system is required
3 to.be constructed adjacent to the property as a
4 condition of development.
5 13.48.0350:. Connection fees-(.(Bysten-taspection,
and)) (..(e)) Connection,. permit-. fee.
6 A. A storm drainage permit.fee shall cover the
7 inspection costs ((a5see4:ated-W!th-the
8 ~nstallatien-e~-er~y-part~et~~a~-g~~~aire-ste~nt
9 danage=syste2n-anal-hhe-sttbsegent)) of the
10 connection ((e-st~eh))to.a public storm
11 drainage system.
12
13 13.48.400 Public storm drainage improvements.
14 A. The city public-works.department is authorized
15 and directed to require reasonable off-site
16 public storm.drainage.improvements.necessitated
17 by new development. Such.mitigating
18 improvements shall be made in addition to any
19 other requirements of the city for on-site
20 improvements.
21 B• All public storm drainage extensions shall be
22 extended to and across the full width of the
23 property to be served. No property shall be
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Ordinance No. 4479
December 12, 1990
Page 14
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2 served with public storm sewers unless such
3 storm sewer main is extended to the extreme
4 boundary limit on the property line extending
5 the ful'l...length..of..the front footage of the
6 property.: All storm.:system_.extensions shall be
7 designed using sound engineering practices and
8 sized in accordance with the.comprehensive
9 storm drainage plan to serve, to the extent
10 possible, adjacent and upstream properties.
11 (Ord. 4195 § 6 (part), 1986,.)
12 13.48.410 Minimum.facility size.
13 All public storm drainage pipe to be installed within the
14 service area of the city's storm utility boundaries shall be a
15 minimum of eight. inches-.in.diameter._ All private storm
16 drainage-pipe to,be installed within such boundaries shall be
17 a ininimum. of six-inches in diameter.
18 13.48. 420 Oversizing.
19 When it is deemed necessary by the city, as-a condition
20 of development for the developer to install conveyance lines
21 larger than required to serve adjacent properties, such
22 development shall be-eligible for a payback agreement as
23 stated in Section 13.48.380. The storm drainage utility may
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Ordinance No. 4479
December 12, -1990
Page.1.5
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2 participate in the cost to construct the oversizing upon
3 council approval.
4 13.48.430 Developer's Public Facility Extension Manual
adopted.
5 There is adopted by reference the "Developer's Public
6 Facility Extension Manual for Storm Sewers, Sanitary Sewers,
7 Water, and Streets," and any amendments henceforth, a copy
8 which is attached to the ordinance codified in this article,
9 and denominated Exhibit "C."
10 Section 3. The Mayor is hereby authorized to implement
11 such administrative procedures as may be necessary to carry
12 out the directions of this legislation.
13 Section 4. This Ordinance shall take effect and be in
14 force five days from and after its passage, approval and
15 publication as provided by law.
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Ordinance No. 4479
December 12, 1990
Page 16
INTRODUCED:
2
3 PASSED:
4
5 Lo , / CJ
APPROVED:
6-
7
8
9 M A Y O
10
11 ATTEST:
12
13
14 v /
Robin-'Wohlhueter', City-,Clerk
15
16 APPROVED AS TO.FORM:
17
18 Q.
19.
Michael-J.,Reynolds,
20 Acting City Attorney
21 h 2
22 PUBLISHED:
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Ordinance. No. 4479
December 12, 1990
Page 17
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Developer's Public
Facility Extension'
Sanitary Sewers, Water, Storm Sewers
and Streets
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City of Auburn.
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ORDINANCE NO. 4241
AMENDED DECEMBER, 1986
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INDEX
Page
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Information Sheet . . . . . . . . . . . . . . . . . . . . . .1
Facility Extension Process Summary . . . . . . . . . . . . .2-3
AGREEMENT - Title. . . . . . . . . . . . . . . . . . . . .4
Scope of Work. . . . . . . . . . . . . . . . . . . . . .5
I. City . . . . . . . . . . . . . . . . . . . . . .6
Ii. Owner . . . . . . . . . . . . . . . . . . . . . 7-9
1- III. Plan . . . . . . . . . . . . . . . . . . . . . . 9-11
IV. Additional Fees . . . . . . . . . . . . . . . . . .11
V. Evidence of Insurance. . . . . . . . . . .12
VI. Indemnification . . . . . . . . . . . . . . . . .13
i~
VII. Performance Bond . . . . . . . . . . . . . . .13-14
i VIII. Easements . . . . . . . . . . . . . . . . . . . .14-15
IX. Permits . . . . . . . . . . . . . . . . . . . . . .15
X. Bill of Sale . . . . . . . . . . . . . . . . . . .15
XI. Systems Development Charge . . . . . . . . . . . .16
XII. Payback Agreement Execution and Recording. . . . .16-17
XIII. Connection to & Utilization of the City's System .17
XIV. Acceptance by City of Developer Extension. . . . .17
XV. Attorney's Fees, Developer's Signatory Page, City
Signatory Page . . . . . . . . . . . . . . .18-21
EXHIBITS
Exhibit 1 Estimated Deposit Fees Sanitary Sewer . . . .22
Exhibit 2 Estimated Deposit Fees Water. . . . . . . . .23
Exhibit 3 Estimated Deposit Fees Storm Sewer. . . . . .24
Exhibit 4 Estimated Deposit Fees Streets. . . . . . . .25
Exhibit 5 Performance Bond . . . . . . . . . . . . . . .26-27
Exhibit 6 Assignment . . . . . . . . . . . . . . . . . .28
Exhibit 7 Easement . . . . . . . . . . . . . . . . . . .29-30
Exhibit 8 Bill of Sale, Individual, Corprate. . . . . .31
Exhibit 9 Payback Agreement . . . . . . . . . . . . .32-35
Exhibit 10 Maintenance Bond. . . . . . . . . . .36-37
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INFORMATION SHEET
w: DEVELOPER'S PUBLIC FACILITY EXTENSION
I..: CITY OF AUBURN
KING COUNTY, WASHINGTON
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1. Address & Telephone Number:
Engineering Division
{ Auburn City Hall
25 West Main Street
Auburn, Washington 98001-4998
N (206) 931-3010
Fire Department
1101 "D" Street N.E.
Auburn, Washington 98002
(206) 931-3060
Building Division
Auburn City Hall
25 West Main Street
Auburn, Washington 98001-4998
- (206) 931-3010
Planning Department
Auburn City Hall
25 West Main Street
Auburn, Washington 98001-4998
(206) 931-3090
2. Office House:
8:00 A.M. to 5:00 P.M.
Monday through Friday
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FACILITY EXTENSION PROCESS SUMMARY
For general information regarding the Public Facility
Extension Process, please reference the City's Development
Assistance Brochure (E-3) available upon request at the Public
Works Department, Auburn City Hall.
Prior to submitting.construction plans to the City for
review, the applicant may contact the City of~Auburn's Building
Division,(Building Coordinator), to schedule a preapplication
.meeting with the city for conceptual review and pertinent'
information regarding the'proposed facility extension.
FACILITY PROCESS
1. To the start the application process, a Facility Extension
Application, along-with six (6)-sets of facility
construction plans and two.(2) sets of applicable
calculations shall be submitted to the Building Division for
review.
2. As part of the plan review.process, the City,will send a
letter to_the applicant requesting the following items which
need to be'addressed prior to the.approval-of the
construction plans
A non-refundable Application Fee ($250.00 for the first
facility and_$100.00 for.each additional facility).
The execution of a Facility.Extension Agreement.
A Cash Deposit based on the length and number of
facilities.proposed.
3. At the completion of,the plan review process, upon
conformance with.all City development requirements, the City
Engineer will approve the facility-construction plans.
4. A Payback.Agreement may.be requested if.applicable.
5. Prior to the start of construction, a Pre-Construction
Conference will be held between the contractor and
appropriate City staff:
The applicant will submit a.Performance Bond, if
required.
The applicant will submit a-Guarantee Deposit, if
required, ($500:00 for the first facility and $250.00
for each additional facility).
The Contractor's Proof.of Insurance will be submitted,
naming the "City" as an additional insured.
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6. Following the pre-construction conference, written
permission to start 'construction will be provided to the
contractor from the City.
7. Construction completed, except for individual service
connections.
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8. -The. applicant will submit to the City, certified as-built
33 co I nstr..uction drawings',,a Bill of Sale,'and -any required
t Utility•'Easements.
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9. The applicant submits a-Maintenance Bond.to the City.
The City accepts',the facility for operation.
'E 11. The City authorizes individual service connections (Separate
permits and permit fees required)
12. The Payback Agreement is executed, if applicable.
-13. The Guarantee Deposit and the.remainder of the Cash Deposit
is released'to the applicant.
14.. A one-year (1-yr.) maintenance inspection is made.
15. Final-acceptance of the facility by the city for maintenance
is made.
16. The applicant's Maintenance Bond is released.
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CITY OF AUBURN
j DEVELOPER PUBLIC-FACILITY EXTENSION
ly
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AGREEMENT
n
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FACILITY EXTENSION NUMBER
AGREEMENT FOR DEVELOPER PUBLIC FACILITY EXTENSION
THE CITY OF AUBURN, hereinafter referred to as "The City",
and hereinafter referred
a to as "Owner",.enter.into the following agreement,.hereinafter
referred.'to.'as '!Agreement",. and make- the. following-mutual
e" =promises and covenants as consideration for the City providing a
facility connection.to the proposed developer extension-and.the
owner constructing.the'proposed developer extension pursuant to
Y
i..: the'terms_and conditions of the Agreement and agreeing to convey
and.transfer-th`e 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
Streets
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 corporation limits of the City and
shall be.for the use and benefit of the property legally
described as follows:
The parties, in consideration of the following expressed
mutual-covenants and promises,, agree, promise and covenant as
follows:.
I
City
4
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 the terms and conditions of the
agreement,' and when the -Ownerhas 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 and
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,guarantee 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 heretofore 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 subj,ect,to the control, use and
operation of-the City which shall be subject to all
regulations and conditions of service.
i
~ 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.
i
(b) The Owner agrees to comply with all environmental
requirements as set forth either by the city or by
appropriate County, State or Federal agencies. 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 comprehensive plan, the Owner shall obtain
the necessary approval from the applicable agencies.
(c) If the City, at its option, is to prepare the plan for the
developer extension, the Owner will deposit with the City a
certified check for the City's administration, design and
inspection fees simultaneously with the execution of this
agreement pursuant to the fee schedule as set forth in Curve
A for the applicable facility extensions identified in the
first paragraph of this agreement (see Exhibits 1 through
4).
(d) If the owner's engineer is 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 1
through 4).
(e) If the length of the developer extension is longer than
shown on Exhibits 1 through 4, the fee shall be an
accumulation of the allied fee curves. (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 1 through 4. The Owner shall deposit eighty
five percent (85%) of the sum of appropriate fees associated
with any two (2) proposed facilities, seventy five percent
(75%) of the sum of the appropriate fees associated with any
three.(3) proposed facilities and sixty five percent (65%)
of the sum of the appropriate fees associated with four (4)
proposed facilities. If the length of the developer
7
extension is shorter than shown on Exhibits 1 through 4, the
deposit fee shall be based on the one hundred foot length
(100') (i.e., sanitary sewer-$900, water-$750, storm sewer-
$250 and street-$1,100).
For special facility extensions such as wells, reservoirs,
lift stations, etc.,.that are not applicable to Exhibits 1
through 4, the City shall estimate the amount of deposit fee
required on a.case by case-basis.
(f) Prior to.the connection of the facility, actual time charges
and.expenses shall be determined and.f:ees.and 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.
(g) 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. This will be held by the City
until final inspection and approval by the City one (1) 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 aresult 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 twenty four hours
(24) after notice from`the City. This includes
vandalism and/or theft of improvements during the one
year guarantee period.
(4) _To reimburse the City for the necessary cost of
completion and unfinished grades around improvements.
(5) Emergency 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 of making permit
application 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
4
is responsible 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
J execution of this agreement.
F
(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
Plan
(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 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 original design plan on reproducible mylar shall be
submitted, the scale of which shall be at least one inch
equals forty feet except for street extensions in which case
the scale will be one inch equals twenty feet. Street
extensions shall also consist of cross-sections plotted
every fifty feet (501) with a scale of one inch equals five
feet (51) (horizontal) and one inch equals two feet (21)
(vertical). All plans shall be on twenty-four inch (2411) by
thirty-six inch (3611) reproducible 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 sixty (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 performance
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
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e
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.
4
{
(f) All water facilities shall be designed in accordance with
the City standards and as directed by the Department of
Public Works.
i.
(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 specifications, 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 City accepts
all applicable facilities for operation and certified as-
built drawings, Bill of Sale, Utility Easements and
Maintenance Bond have been 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
i
f ,
1
1
requirements for this pump facility shall be subject to the
terms and conditions of this agreement.
s- (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 twenty four hours (24) notice to
the Department of Public Works prior to beginning any
construction. All pavement cuts made in relationship 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
excavation 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 independent
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.
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 connection to and
utilization of the City's system.
E.a 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 utilities
$ (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.themselves 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, expenses of:losses occasioned by
the performance of this Agkeement'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 conform with the.safety standards for construction
work adopted by the Safety bivision'of the:Department of Labor
and Industries of the State of Washington.
The amount of such insurance shall be as follows: Bodily 1
injury liability insurance in an amount not less than.one
thousand dollars (_$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-one thousand dollars
($1,000,000).on account of and one occurrence, one thousand
.dollars ($1,000,000) aggregate, and property damage liability
insurance in an amount not less than one thousand-dollars
($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 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.
i
4
i" VI
a Indemnification
G: 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
r; and other personnel whose time is reasonably devoted to the
preparation 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 developer 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 right-of-ways and utility easements
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 performance bond (Exhibit 5) between the Owner/contractor
and the City in a minimum amount of one hundred percent (100%) of
the City's estimated replacement costs of the improvements to be
constructed within the existing right-of-ways 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 undertakings, convenant terms, 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 of a current
list of "Surety Companies Acceptable on Federal Bonds" as
published in the Treasury Department's Circular No. 570.
One 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 two thousands
dollars ($2,000) for each facility extension or ten percent (10%)
of the City's estimated replacement costs of the improvements
which are to be dedicated to the City. (Maintenance Bond).
4
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 by the Owner. If
at any time a surety on any such bond is declared a bankrupt or
loses its right to do business in the State of Washington, or is
removed from the list of "Surety Companies Acceptable on Federal
Bonds, "the Owner shall substitute an acceptable bond (or bonds)
in such form and sum and signed by such other surety or sureties
as may be satisfactory to the City. The premiums on such bonds
shall be paid by the Owner. No further payment shall be deemed
due nor shall be made until the new surety or sureties shall
furnish an acceptable bond to the City.
One Owner may, in lieu of a performance bond, assign funds
over to the City of Auburn (Exhibit 6).
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. The 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 7) 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 fifteen feet (151) in width for
sanitary sewers, water and storm sewers, centered on the
pipeline. Streets shall be deeded over to the City with the
right-of-ways meeting City requirements. Unless approved
otherwise by the City, the Owner shall not construct any
permanent structures within a distance of TEN FEET (101) from the
boundary of said easement and/or any permanent structures which
would limit the overhead clearance to less than FOURTEEN FEET
141). Supervision 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 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
qQq
~e
over the pipe. Where-manholes are located within the easements,
suitable access surfacing shall be provided for the City vehicles
such as.bank-run gravel and crushed rock or.as approved by the
city.
IX
Permits
f All the-necessary-permits from any governmental agency
obtained by:the
City shall;-be°at the Owner' expense.: The Owner
shall:be:provided with a copy of all such ,permits: bef ore
construction commences. .`The„Owner.shall provide the City with
necessary documents required to obtain the `permits.
s.._
For any permits obtained by the Owner, copies of the same
shall be furnished to the City.
i.
X
Bill of Sale
Owner agrees to execute a Bill of Sale (Exhibit 8) 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) year of
the date of acceptance of the.Bill of Sale by the City.
(d) It will be recited that the Owner grants the extension
to the City for the consideration of incorporating the
system in the overall,system.of the City.
(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 the 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.
I
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XI
I
Systems Development Charge
e
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.
d
i
XII
A
Payback Agreement Execution and Recording
' The Owner may request a Payback Agreement (Exhibit 9)
pursuant to the terms of RCW 35.91 et seg, this agreement, and
the following:
(a) The facilities proposed herein can potentially serve
additional property not owned by the owner and the
facilities are located within the boundaries of the
City of Auburn or within ten miles from the corporate
limits.
(b) That a written payback request will be made, prior to
the start of construction, to the office of the City
Engineer.
A Payback Agreement may be executed once the owner has
constructed and installed the facilities as described in this
agreement and once such facilities have been accepted by the City
of Auburn for operation and maintenance.
One Payback Agreement will provide as follows:
(c) The City agrees to ensure that any owner of real estate
who subsequently applies for service from the
facilities constructed pursuant to this agreement and
who has not contributed to the original cost of the
facility, shall reimburse said owner a fair pro rata
share of the cost of the facility as detailed in the
Payback Agreement.
(d) At the time of reimbursement the owner agrees to
provide a written release to the developer allowing the
developer permission to connect to the facility.
(f) The Payback Agreement will continue for ten years (10)
for facilities sized to serve adjacent property only
and at fifteen years (15) for facilities oversized to
serve large areas, as determined by the City Engineer.
16
(g) The City shall establish the payback connection charges
and the limits of real estate involved.
(h) The City shall record the executed Payback Agreement in
the office of the County Auditor, and the Owner shall
pay the recording fees.
a..
XIII
Connection to and Utilization of the City's System
r
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 the Department of Public Works
personnel. The Department of Public Works, prior to the
connection and utilization authorization, shall have received
from the 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
A Maintenance Bond (Exhibit 10) for the one-year (1) 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 equipment 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 (1) from the date of
acceptance for operation and authorizing the connection and
utilization of the developer extension to the City's system,
shall reinspect the system to determine if the extension has
complied to the warranty of the owner and conforms to the City's
standards and specifications. If said developer meets with the
Department of Public Works' approval, then the City shall release
the maintenance bond.
V
XV
Attorney's Fees
In the event this Agreement is referred to or placed in the
hands of the City's attorney for enforcement 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
i party, the Owner agrees to pay the City's reasonable attorney's
fees and costs and other allied expenses incurred by the City
regarding said legal problem or lawsuit.
DATED this day of 19
i
I
o
STATE OF WASHINGTON ) 0
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 who
acknowledged to me that he/she signed the foregoing instrument
and acknowledged the said instrument to be as his/her free and
voluntary act and deed, for the uses and purposes therein
mentioned and on oath he/she was authorized to execute the said
agreement.
GIVEN under my hand and official seal this day of
. 19
Notary Public in and for the State
of Washington, residing at
my commission Expires:
r
XV
Attorney's Fees
In the event this Agreement is referred to or placed in the
hands of the City's attorney for enforcement 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 attorney's
fees and costs:and other allied expenses incurred by the City
regarding said legal problem or lawsuit.
w
DATED this day of , 19
Q sident
e
j Secretary
i,
STATE OF )
) ss
COUNTY OF )
On this day of 19 , before me,
the undersigned, a Notary Public in and for the State of
duly commissioned and sworn, personally
appeared and
to me known to be the President
and Secretary, respectively, of
i the corporation that executed the within and 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 they are
authorized to execute said instrument and that the seal affixed
is the corporate seal of said corporation.
y IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal on the date hereinabove set forth.
t
Notary Public in and for the State of
residing at
my Commission Expires:
XV
Attorney's Fees
In the event this Agreement is referred to or placed in the
w hands of the City's attorney for enforcement 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 attorney's
fees and costs and other allied expenses incurred by the City
regarding said legal problem or lawsuit.
}
DATED this day of , 19.
e
On this day of 19 before me,
the undersigned, a Notary Public in and for the State of
i Washington, duly commissioned and sworn, personally appeared
and ,
to me known to be the partners that executed the within and
foregoing instrument, and acknowledged the said instrument to be
the free and voluntary act and deed of said partnership, for the
uses and purposes therein mentioned, and on oath stated that they
are authorized to execute said instrument and that the seal
affixed is the partnership seal of said partnership.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal on the date hereinabove set forth.
Notary Public in and for the State
of Washington, residing at
My Commission expires:
I~
DATED this day of , 19
City Engineer
I~
STATE OF WASHINGTON)
ss. o
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 to be known as the City Engineer
representing the City of Auburn's Department of Public Works, who
acknowledged to me that he signed the foregoing Facility
I Extension Agreement.as his free and voluntary act and deed, for
the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of
19
Notary Public in and for the. State
of Washington,, residing at
My Commission Expires:
i
I
EXHIBIT 3-1-1982
l -
-
ADMINISTRATION ESTIMATED ALLIED FEES
CURVE A DESIGN SANITARY SEWERS
INSPECTION
10-
ADMINISTRATION
CURVE B
9- INSPECTION
e-
7-
- -
N _
N
8-
_ - , III
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4
x
74~
0 3-
c~a~~ P I i 'I I I I
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li
2 -
loll' I 4T, B ,
I L -
100 500 1000 1500 2000
SANITARY SEWER LINE LEN0ITH IN L.F.
3-1-1882
EXHIBIT "2"
-
ADMINISTRATION ESTIMATED ALLIED FEES
CURVE A DESIGN WATER
INSPECTION
10-
ADMINISTRATION 1
CURVE 8 j
e _ INSPECT ION
e- -
7-
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p► ~ ~ 'lilt
2-
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I
1- CVAVE B .
2000
600 1000 1500
100
WATER LINE LENGTH IN L.F.
EXHIBIT "3" 3-1-1982
HIM].
ADMINISTRATION ESTIMATED ALLIED FEES
CURVE A E SIGN STORM SEWER S
tD
NSPECTION
a
10-
ADMINISTRATION
CURVE B
9_ INSPECTION
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B
CURVE
i 1 1
100 500 1000 1500 2000
STORM SEWER LINE LENGTH IN L.F.
EXHIBIT "4" 3-1-1982
fill 1"11011111 N I
ADMINISTRATION ESTIMATED ALLIED FEES
CURVE A DESIGN STREETS
INSPECTION
to-
ADMINISTRATION
CURVE B
9- INSPECTION
e-
~ P -
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I GuRV NOTE: ESTIMATED COSTS. ARE
° g 1
AC
i SERVE AS A DEPOSIT. TUAL ,
2 - COSTS MAY CALL FOR AN
ADDITIONAL DEPOSIT BY THE
OWNER, OR A REFUND.
t_ -
L 1 1 1 ~ 1 1 11 I I _
( ~ ~ 1 I ~ ~ ~ I
100 500 1000 15100 2000
STREET LENGTH IN L.F.
EXHIBIT "5"
P E R F O R M A N C E B O N D
BOND TO CITY OF AUBURN, WASHINGTON
KNOW ALL MEN BY THESE PRESENTS:
Oda
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 ourse a our successors, heirs,
administrators or personal repre the case may be.
This obligation is enter pursuance of the statutes of
the State of Washington and th finances 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 agreement, 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 principal 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
ON-
26
The Surety, for value received, herein stipulates and agrees that
no change, extension of time, alteration or 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
r 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 ten percent (10%) of the value of the improvements to be
dedicated to the City or two thousand dollars ($2,000.00) 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 (1) year after a ance for operation; not
withstanding the reduction of this t principal and surety
shall hold the City of Auburn 11 defects appearing or
w. developing in the material o i provided or performed under
this agreement within a perio (1) year after acceptance for
operation, then and in that e this obligation shall be void; but
otherwise it shall be and remain in full force and effect.
r
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
Principal
Surety
PM
By
Attorney in Fact
Countersigned:
Resident Agent Resident Agent's Address
Approved By:
oft
27
EXHIBIT "6"
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 acquittance
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 of 19
Address of Depositors D Signature of Depositors
ACCEPTANCE
The undersigned hereby accepts the forgoing assignment of
savings account number in the amount of
$ this day of ,
19
-
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
28
EXHIBIT "7"
EASEMENT
Grantor, , hereby conveys and warrants to
the CITY OF AUBURN, a Municipal Corporation of the State of Washington, its
successors and assigns, a perpetual nonexclusive easement under, over,
through and across the following described land for the purpose of laying,
maintaining, and installing
AND APPURTENANCES THEREOF,
said land being described as follows:
4
e
r
Said Grantee shall have the absolute right, at times as may be
necessary, to enter upon said easement for the purpose of maintenance,
construction, repair or reconstruction of the above improvements without
incurring any legal obligation of liability therefor.
Said Grantee shall have the absolute right to place any type of
driving surface within said easement deemed necessary by the Grantee.
Said Grantor shall not in any way block, restrict or impede access and
egress to or from said easement and/or in any way block, restrict or impede
full use of the land within the above described easement by said Grantee.
Said Grantor may fence across said easement and/or along the boundaries of
said easement provided that a gate is constructed in said fence. Said gate
shall be of sufficient length and location to allow the Grantee full use
of, and access and egress to and from the land within the above described
easement. If said gate is to be locked, keys shall be provided to the
Grantee.
Said Grantor shall not construct any permanent structures within a
distance of TEN FEET (101) from the boundary of said easement and/or any
permanent structures which would limit the overhead clearance to less than
FOURTEEN FEET (141).
29
r ,
rr
This easement shall be a covenant running with the land and shall be
binding on the successors, heirs and assigns of all parties hereto.
Dated this day of 19
r
STATE OF )
) s s r;
COUNTY OF )
I, the undersigned, a N c in and for the State of
Washington, duly commissione rn, hereby certify that on this
day of 19 personally appeared before me
to me known to
be the 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 herein mentioned.
GIVEN under my hand and seal this day of 19
Approved as to form NOTARY PUBLIC IN AND FOR THE STATE OF
, RESIDING AT
MY COMMISSION EXPIRES
30
EXHIBIT "8"
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, Washington, a MUNICIPAL CORPORATION,
the following public improvements
Situated within the following described real property:
and the said Grantor(s) hereby warrant that is 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.
.r IN WITNESS WHEREOF the Grantor(s) have executed these presents this
day of 19
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
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
-o me
known to be the 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
r
NOTARY PUBLIC IN AND FOR THE STATE OF
WASHINGTON, RESIDING AT
MY COMMISSION EXPIRES:
31
EXHIBIT "9"
^ PAYBACK AGREEMENT
This agreement made and entered into this day of
19 , by and between the City of Auburn, a municipal
corporation of the State of Washington, hereafter called the CITY
and whose address is
hereafter referred to as OWNER.
WHEREAS, pursuant to Chapter 35.91 RCW et seq.,the CITY has
by Resolution No. adopted y e City Council of the
City of Auburn, Washington Vispay day of
19 , approved the exec back agreement with the
OWNER above and referring to facilities described herein; and
WHEREAS, the above described OWNER has offered and the CITY
has agreed to accept said facility upon its satisfactory
completion as part of the utility system of the City of Auburn;
NOW THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND
COVENANTS HEREIN, THE PARTIES AGREE AS FOLLOWS:
I. OWNER
The above described OWNER is the record OWNER of real
property legally described as follows:
The OWNER has constructed the facilities described in
Section II of this agreement, which facilities have
been accepted by the CITY as satisfactory. The purpose
of this agreement is to provide for reimbursement of
the OWNER herein and their assigns by any owner of real
estate who did not contribute to the original cost of
the subject facility and whose subsequently connects to
or uses the same and who will be assessed a fair pro
rata share of the cost of construction of the facility.
32
II. FACILITIES
The facilities which have been constructed by the OWNER
herein are as shown in the attached Exhibit A, incorporated
by reference in this agreement and herein referenced as DE
NO. on file at the office of the City Engineer. The
facility has been constructed in accordance with the
ordinances and requirements of the City of Auburn governing
the construction specifications for facilities of such type,
and has been approved by the City Engineer...
III.. TERM
For a period of years from date-of recording of this
agreement in the King County Office-of the County Auditor,
any owner of real estate legally described in the-attached
Exhibit R incorporated by referent. in this agreement, and
which owner has not contribu @,,t he original cost of the
above described facility p to
as a condition for c e facility, an amount as
L shown in Exhibit B. rty owner shall pay the OWNER
directly, shall be r to show a Release, signed by the
OWNER as evidence of ch payment. The cost herein
represents the fair pro rata share of the cost of-
construction of said facility payable by properties
descrided in Exhibit B. Payment must be made'as a condition
of issuance of the connection permit by the City of Auburn.
IV. AMOUNT OF REIMBURSEMENT
~j The OWNER, his successors, heirs and assigns, agrees that
the amounts which the OWNER will collect from the property
owners as specified in Section III of this agreement,
represents a fair reimbursement for the OWNER'S construction
of the facility described In Section II of this agreement.
V. EFFECT OF AGREEMENT
The provisions of this agreement shall not be effective as
to any owner of real estate not a party hereto unless this
agreement has been recorded in the office of the County
Auditor'of the County in which the real estate is located
prior to the time such owner taps into or connects to said
facilities..
VI. OWNERSHIP OF FACILITY
The construction of the utility extension having been
J
completed and accepted by the City Engineer, the facility
has become a part of the municipal system of the City of
Auburn. All maintenance and operation costs of said
facility shall be borne by the City of Auburn.
I~
1 33
VII. UNAUTHORIZED CONNECTION
Whenever any connection is made into the facility described
in Exhibit A under this agreement without such payment
having been made in accordance with Section III of this
agreement, the CITY shall have the absolute authority to
remove or cause to be removed such unauthorized connections
and all connecting lines or pipes located in the facility's
right-of-way. The CITY shall incur no liability for any
damage to any person or property resulting from removal of
the unauthorized connection.
VIII. CURRENT ADDRESS
The OWNER herein shall agree to keep a current record of
his/her address and telephone number on file with the office
of the City of Auburn Engineer, and shall within 30 days of
any change of said address a ephone number, notify the
Office of the City Mothe er in writing. If the
OWNER fails to do gree that the CITY will
r
not incur any liab -collectionand/or non-
reimbursement of c ER under this agreement.
IV. COVENANT RUNNING WITH THE LAND
This agreement shall be binding on the OWNER, its
successors, heirs and assigns and shall so be binding on the
legal owner of all properties described in the attached
Exhibit B, their successors, heirs and assigns. This
agreement shall constitute a covenant running with all of
the land described in Exhibit B herein. The above
referenced OWNER agrees to pay all fees for recording this
contract with the King County Auditor.
CITY OF AUBURN
M A Y O R
ATTEST: APPROVED AS TO FORM:
a
City Clerk City Attorney
OWNER:
BY: BY:
TITLE: TITLE:
34
l
INDIVIDUALS ACKNOWLEDGMENT
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, personally appeared and
to me known to be the individuals
who executed the within and foregoing instrument and.acknowledged
the said instrument to be their free and voluntary act-and deed
~ for the uses and purposes therein mentioned.
IN WITNESS WHEREOF, I.have hereunto set my hand and affixed
my official seal on the date hereinabove set forth.
NO C and for the State.
t esiding at
lon Expires•
! CORPORATE ACKNOWLEDGMENT
STATE.OF )
) ss
COUNTY OF )
On this day of. 19 , before
me, the undersigned, a Notary Public in and for the State of
personally appeared and
tome known to be the
and respectively,
of the the corporation that executed
the within and 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
t oath stated that they are authorized to execute said instrument
and that the seal affixed is the corporate seal of said
corporation.
IN-WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal on the date hereinabove set forth.
NOTARY PUBLIC in and for the State of
.residing at
My Commission Expires:
i
}
35
~J
EXHIBIT "10"
MAINTENANCE BOND
J
Bond No.
KNOW. ALL MEN BY THESE PRESENTS:-
That,
J
as Principal,
and , a corporation organized.under
the law of the State of and authorized to-do a
surety business in the State of as Surety,
are held.and firmly bound unto the CITY. OF AUBURN and
i
f
I~ in the sum of
lawful money of the United
States of America for the payment of which sum well.and truly to
l be made,,we bind ourselves, our heirs,-executors, administrators,
successors and assigns, jointly and severally, firmly by these .
presents:
SEALED.with.our seals and dated this
LJ WHEREAS, on the , the said
as contractor, entered into a contract for
for the sum of
) ; and,
WHEREAS, under the terms of the specification for said, work, the
said is required to give a
36
bond for
to protect the
against the result of faulty materials or workmanship for a
period of one (1) year from and after the date of the completion
and acceptance of same, namely, until
NOW, THEREFORE, if the said
shall for a period of one
(1) year from and after the date of the completion and acceptance
of same by said
rising in said work whether
replace any an t
resulting from defective erials or defective workmanship, then
4
the above obligation to be void; otherwise to remain in full
force and effect.
IN WITNESS WHEREOF, said Principal and said Surety have
caused these presents to be duly signed and sealed this
day of , A.D. 19
By
REF. DEVMAN
37