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HomeMy WebLinkAboutOrd 0603 - Water Connection Rates (Repealed by Ord 1766) s s /G06 CITY OF T WASHINGTON AmENa E o P3y 0 ORDINANCE NO. 603 y M— AN ORDINANCE establishing regular and special water connection charges. e Baled WHEREAS, the City of Tukwila is authorized by state law, RCW 35.92.025 to charge property owners seeking to connect to the water system of the City of Tukwila as a condition to granting the right to so connect, in addition to the cost of such connection, such reasonable connection charge as the City Council determines proper in order that such property owners bear that equitable share of the cost of the City's water system; and, WHEREAS, all property owners, whether their property has been assessed or charged for trunk or lateral water mains and lines, must pay a regular connection charge if they are to bear their share of the cost of the entire City's water system, and, WHEREAS, those property owners whose properties have not been previously assessed or charged on borne the cost of private development for the construction of abutting or nearby mains or laterals to which connection is desired must pay a special connection charge if they are to bear their share of the cost of the City's water system; and, WHEREAS, the Washington State Supreme Court in Boe v. Seattle, 66 W.D. 2d 142 (1965) has determined that a special connection charge cannot be based on present construction cost but must be related to the cost of the system; and 1 WHEREAS, the City of Tukwila does not have in its possession adequate records to establish definitive construc- tion costs for each water main constructed within the City; and, WHEREAS, the City of Seattle has ascertained and made available the average amount per unit of assessment for water mains in the City of Seattle in each year from 1966 back through 1924 in City of Seattle Ordinance No. 88614, as amended; and, WHEREAS, the average local improvement assessment paid by property owners for lateral and trunk water lines completed and accepted by the City of Seattle for the years 1924 through 1966 as set forth in City of Seattle Ordinance No. 88614, as amended, are set forth in Exhibit A attached hereto; and, WHEREAS, the City Council of the City of Tukwila has determined that construction costs in the City of Seattle and City of Tukwila are materially similar and that a charge based on the average amount per unit of a local improvement district assessment for water lines within the City of Seattle in any given year would be reasonably related to the original cost of a water line within the City of Tukwila constructed in that same year; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA do ordain as follows: Section 1. In addition to the reimbursement of the cost of meter installation required, the property owner seeking connection to the water system of the City of Tukwila and in order that such property owners shall bear their -2- equitable share of the cost of the City of Tukwila's entire water system, shall pay prior to connection to a City water system, a regular connection charge in accordance with the following schedule: Meter size Charge 3/4" 25.00 1" 35.00 1 -112" 50.00 2" 100.00 Section 2. In addition to the regular connection charge there is hereby imposed upon, and the owners of properties which have not been assessed or charged or borne the cost of private development of mains or laterals or borne an equitable share of the cost of the City water system, in addition to the regular connection charge, shall pay prior to connection to a City water system, a special connection charge in an amount to be computed under Section 3 of this ordinance. The special connection charge shall be paid in cash or on an installment contract with interest at 7% per annum computed annually or on unpaid balances. Such contract shall provide for a down payment of 5% of the total connection charge, payable upon execution of such contract and for payment of the balance in forty (40) quarterly installments payable on each January 1., April 1, July 1, and October 1. Such installment contracts shall provide that any unpaid balance may be paid in full in any year of the time the first quarterly payment of such year is due and payable, shall describe the property served by the water system, shall be acknowledged by the property owner and shall be recorded by the City Clerk in the office of the County Auditor at the expense of the property owner. De- 3 linquent payments under such installment contract shall be a lien upon the described properties provided in RCW 35.67.200, and enforceable in accordance with RCW 35.67.220 through 35. 67.280; and as an additional and concurrent method of enforcing a lien, the water service to such property may be cut off in accordance with RCW 35.67.290 until the delinquent installments are paid. Upon full payment of the contract, the City Clerk on behalf of the City of Tukwila, shall execute and deliver the property owner a release of such lien. Section 3. The special connection charge imposed by Section 3 hereof shall be paid to the Water and Sewer Fund and shall be computed as follows: For Lateral Water Lines: The number of units of property furnished to be served by the sewer determined in the manner prescribed in RCW 35. 44.030 and 040 for determining "assessable units of frontage," shall be multiplied by the average local improvement assessment per unit of frontage for lateral sewers in the City of Seattle for the year in which the water line to which the property is to be connected was constructed and accepted as completed as set forth in Exhibit A attached hereto and by this reference made a part of this ordinance. Provided, however, that if the water line to which the property is to be connected has been constructed after 1966, the charge shall be a flat $6.00 per assembled unit of frontage. For Trunk Water Mains: One cent per square foot of property wherever the property has not been previously assessed for trunk water mains con- structed after 1966. Such special connection charge for property abutting on a street in which a water line can be constructed or extended to serve such property, shall be computed as if the water line were so constructed or extended; and the special connection charge for property located back from the margin of the street in which the water line exists and outside of the assessment -4- 1 district created therefor shall be made giving consideration to the distance of said property from the street margin. In no case shall credit be allowed for the cost of extra length of water line required for connection to the City's water system. Provided, that in cases where application of the foregoing formula to a particular property results in a charge which because of unusual conditions is in excess of charges to similar properties, the City Supervisor is authorized to reduce the special connection charge to the amount charged to properties similarly situated. Section 4. If the property for which a special connec- tion charge has been paid is subsequently included in a local improvement district for the construction of water mains or lateral lines of a similar nature, the amount so paid shall be credited to the assessment against such property and such amount shall be paid from the Water and Sewer Fund to such Local Improvement District Fund. PASSED by the City Council of the City of Tukwila this j6 day of n Pjla )x l e r 19 h 9 21,--- 0 G Mayor ATTEST: ,z___A--0147 City Clerk APPRt ED -s to t5;;;7 A0 011.11..ir Ciaty 7- A c,fiilX le-c Re e6rc C.'Aro (c Oeeem het- /9, 9