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HomeMy WebLinkAboutOrd 0667 - Sewer Connection Fees J 01L4 s kV w CI TY OF T WASHINGTON ii ORDINANCE NO. 667 '/O AN ORDINANCE establishing regular and special sewer connection charges and repealing Ordinance No. 426. WHEREAS, the City of Tukwila is authorized by state law, RCW 35.92.025 to charge property owners seeking to connect to the sewerage 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 sewerage system; and, WHEREAS, all property owners, whether their property has been assessed or charged for trunk or lateral sewers, must pay a regular connection charge if they are to bear their share of the cost of the entire City's sewerage system; and, WHEREAS, those property owners whose properties have not been previously assessed or charged 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 sewerage 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, WHEREAS, the City of Tukwila does not have in its possession adequate records to establish definitive construc- tion costs for each sewer line constructed within the City; and -1- WHEREAS, the City of Seattle has ascertained and made available the average amount per unit of assessment for sewers in the City of Seattle in each year from 1965 back through 1920 in City of Seattle Ordinance No. 94213, and each year thereafter Seattle City Engineer has delivered to the City Clerk of the City of Seattle to be filed by him a computation of the average local improvement assessment paid by property owner for lateral and trunk sewers completed and accepted by the City during the previous calendar year; and, WHEREAS, the average local improvement assessment paid by property owners for lateral and trunk sewers completed and accepted by the City of Seattle for the years 1920 through 1968 as set forth in City of Seattle Ordinance No. 94213 and on file with the City Clerk of the City of Seattle, 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 a five (5) year average amount per unit of a local improvement district assessment for sewers within the City of Seattle in any given year would be reasonably related to the original cost of a sewer within the City of Tukwila constructed within that five year period; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA do ordain as follows: Section 1. In addition to the permit fees required by Ordinance No. 342 the property owner seeking connection to the sewerage system of the City of Tukwila, in order that such property owner shall bear his equitable share of the -2- cost of the City of Tukwila's entire sewer system, shall pay prior to connection to a City sewer, a regular connection charge in accordance with the following schedule: The fee for each single dwelling house shall be $75.00. The fee for multiple dwelling structures such as duplex houses, bungalow courts, apartment buildings, trailer and auto courts or motels of similar structures, shall be $150.00 for the first dwelling unit and $5.00 for each additional dwelling unit. The fee for any hotel, office building, store, church, school, college, university, commercial, hospital or industrial structure shall be com- puted by the City Engineer at the rate of 1/2 per square foot of floor space of said building or structure, for the first 100,000 square feet; and 1/4 per square foot for any remaining area in excess of 100,000 square feet, to a maximum fee limit of $1,500.00. The minimum fee for connecting any such building or structure to a public sewer shall be $150.00. Section 2. In addition to the regular connection charge there is hereby imposed upon properties which have not been assessed or charged or borne an equitable share of the cost of the City sewer- age system, a special connection charge which shall be paid prior to connection to the City Sewer in an amount to be computed under Sec- tion 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 -3- the first quarterly payment of such year is due and payable, shall describe the property served by the sewer, shall be ack- nowledged 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. Delinquent payments under such installment con- tract 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 services to such property may be cut off in accordance with RCW 35.67.290 until the delinquent install- ments 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 2 hereof shall be paid to the Water and Sewer Fund and shall be computed as follows: For Lateral Sewers: 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 five year local improvement assess- ment per unit of frontage for lateral sewers in the City of Seattle for the five year period in which the sewer to which the property is to be connected was constructed and accepted as completed as follows: Year Sewer Rate 1955 1959 $5.26 1960 1964 8.11 1965 1969 10.97 1970 12.00 -4- The lateral sewer charge charge(Sibe waived by the City pro- viding the owner, developer or applicant constructs at his own expense, a sanitary sewer to serve his property and providing that the sewer is in compliance with the comprehensive sewage plan and specifications and requirements of the City. L,L, The City14 also waive the area or trunk sewer charge if the owner, developer or applicant constructs at his sole expense a sanitary sewer so as to serve other properties and is over -sized to accept sewage generated from other properties, which properties are not contributing to the construction cost of the over sizing. Said construction shall be in accordance with the Comprehensive Sewage Plan and specifications and requirements of the City. For Trunk Sewers: The number of square feet of property area to be served by the sewer shall be multiplied by the average local improvement assessment per square foot for trunk sewers in the City of Seattle for the five year period in which the trunk sewer to which the lateral sewer serving the property is to be connected was con- structed and accepted as follows: Year Sewer Rate Per Square Foot 1955 1959 .0160 1960 1964 .0195 1965 1969 .0200 1970 .0200 Such special connection charge for property abutting on a street in which a sewer can be constructed or extended to serve such property, shall be computed as if the sewer were so constructed or extended; and the special connection charge for property located back from the margin of the street in which the sewer exists and outside of the assessment district created therefore 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 -5- length of side sewer required for connection to the City's sewer- age system. Provided, that in cases where application of the fore- going 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 with express approval of the City Council 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 connection charge has been paid is subsequently included in a local improve- ment district for the construction of sewers 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. Section 5. If the side sewer stub has not been installed to the property line where the property owner elects to connect, it shall be his responsibility to acquire the necessary permits and bear the cost of all necessary construction to provide the required side sewer stub connection to the sanitary sewer. Any property served by the sewer stub connection which has been installed but which was never assessed nor paid for, shall pay the sum of $150.00 prior to connection to or for said stub. Section 6. No sewer shall be connected to the City system which does not conform to the comprehensive sewage plan. Prior to being accepted by the City and connected to the City Sewer System all lateral and trunk sewers shall be dedicated to the City pursuant to a developer's agreement or similar agreement satisfactory to the City. Section 7. Ordinance No. 426 is hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, this /?/15 day of April, 1971. ATTEST: MAYOR 7)7 CITY CLERK APPROVED AS TO FORM: 717 CITY ATTORNEY PUBLISHED RECORD CHRONICLE 4/,-, /9 7/ -6- P SXRIBLT R a te dun s ua er foot. Rate' ps i 9 Lateral Sewer Unit er Assessable .0200 .0 p Year 8 44 0 9.42. •0217 196 7. 2 0158 8 00 1963 6 92 .01 3 1962 °01`3 1961 0 4 70 •Q 67 19 6.2 200 a 5.67 .0 19 5g r 5.44 Q0 19 58 4.2� 020 195 4.1 016 7 19 5,15 1-33 0 53 °01 195 3.92 195 4.05 °0093 1952 •0°85 195 3.62 .007 1 950 3.42 007 2. 89 0062. 1948 2.57, •0055 194 1945 2.57 0047 19 2,26 0039 2.3.5 0031 44 •003.5 19 1.67 19 1 00 1942 r :0044 19 41' e 0048 19 1� °0053 49 .00 1939 1.52 193 1 50 .0071 1937 0081 1936 1.589 9 s 0074 35 068 19 1. 0080 193 2.04 1933 2.25 °0043- 193 ,00 ?6 1931 2.05 p0 7 6 1 930. 2028 1929 2.57 .0080 1928 2.55• 1927 r'. 2,44. .0066 19 26 °0p 1925 '2.72•-• 0066 2.4 006 8 2.25 79 ,00 70 1924 2.0 007 0 1g 23 2.3 0 192 192 2.3 1920 19 00 1919" EXHIBIT Page 2 Lateral Sewer Rate Trunk Sewer Rate Year per Assessable Unit per Square Foot 1968 10.76 .0200 1967 12.00 .0200 1966 10.94 .0200 1965 10.16 .0200