HomeMy WebLinkAboutORD 4205 . � � ' amended by ORDINANCE #4208 —t�ends ordinance rio. .2849, 3055,
� ' transferred to TITLE VIII, Chapter 14 3260, 3547, 3882, 4059 �
Amended by ORD 4723, tr.s.f.sect to Title IV �ended by Ord �� 4287
Amended by Ord # 4321 ��1�
CITY OF RENTON, WASHINGTON 450�, 4507,
4525
ORDINANCE NO. 4205
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SECTION 3-241 OF CHAPTER 2, WATER DEPARTMENT OF TITLE
III(DEPARTMENTS) AND SECTION 8-717 OF CHAPTER 7, SEWERS,
OF TITLE VIII (HEALTH) OF ORDINANCE NO. 1628 ENTITLED
"CODE OF GENERAL ORDINAIQCES OF THE CITY OF RENTON,
WASHINGTON" RELATING TO SPECIAL UTILITY CONNECTION CHARGES
AND SPECIFYING PERMISSIBLE METHODS OF ASSESSMENT.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION I. Section 3-241 of Chapter 2, Water Department, of
Title III (Departments) of Ordinance No. 1628 entitled "Code of
General Ordinances of the City of Renton" is amended to read as
follows :
3-241 : CHARGES FOR PROPERTY NOT PREVIOUSLY ASSESSED.
A. The charges imposed by this Ordinance shall be paid into the
Waterworks Utility Construction Fund.
The charge shall be paid in cash whenever such connection
is requested, or application may be made by such property owner to
provide for the payment thereof by an installment contract if the
amount is in excess of five hundred dollars ($500 . 00) , with interest
at the rate of ten percent ( 10$) per annum, computed annually on
unpaid balances, which contract shall provide for a minimum down
payment of not less than ten percent ( 10�) of such total connection
charges hereinabove set forth payable upon execution of such
contract, and the balance thereof to be paid in not more than twenty
(20) quarterly installments payable on each January 1, April 1, July
1, and October l . Such installment contracts shall provide that any
unpaid balance may be paid in full in any year at the time the first
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' ' " ORDINANCE NO. 4205
quarterly payment of such year is due and payable, shall describe
the property served by the water, and shall be duly acknowledged by
the property owner and be recorded by the Public Works Director in
the office of the County Auditor at the expense of such property
owner. Delinquent payments under such installment contracts shall
be a lien upon the described property as provided for in RCW
35 . 67 .200, and enforceable in accordance with RCW 35 . 67 .220 through
35 . 67 .280 . As an additional and concurrent method of enforcing such
lien, the water service to such property may be disconnected in
accordance with RCW 35 . 67 .290 and this code until such time as all
delinquent payments have been paid in full. Upon full payment of
such installment contract, the Public Works Director, on behalf of
the City of Renton, shall execute and deliver unto the property
owner a release of such lien, which shall be recorded, at the
expense of the property owner, with the King County Auditor's
office. All installment payments so made shall be applied first to
interest accrued to date, and the balance to principal.
B. There is hereby imposed upon, and the owners of properties
which have not been assessed or charged or borne an equitable share
of the cost of the City's water distribution and water plant
facilities shall pay, prior to connection to a City Water Main, one
or more of four (4) special connection charges, herein defined, in
an amount to be computed under the following paragraphs of this
Ordinance.
1 . Latecomer Fees . The imposition, collection, payment,
and other specifics concerning this charge are dealt with elsewhere
in this code.
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• ' � " ORDINANCE N0. 4205
2 . S�ecial Assessment Charae. The special assessment
charge is a charge for the historical costs for the water
distribution system, which shall include the water distribution
mains that lie adjacent to or near properties that would benefit
directly therefrom that were not installed by L. I .D. 's or by a
private developer under a Latecomer Agreement.
(a) . The number of units of property frontage to be
served by the water distribution system, determined in the manner
prescribed in RCW 35 .44.030, . 040, and . 047 for determining
"assessable units of frontage, " shall be multiplied by the actual
local improvement assessment per unit of frontage for such facility
in Renton for the year in which the water main to which the property
is to be connected was constructed and accepted as completed.
(b) . In addition to the aforestated cost of
"assessment" there shall be a charge of ten percent ( 10$) per annum
added to such cost, but in no case shall such charge be in excess of
one hundred fifty percent ( 150�) of the original assessment cost.
Interest charges should be simple interest and not compound
interest.
(c) . Such special assessment charge for property
abutting on a street in which a water main can be constructed or
extended to serve such property, but can be connected without actual
construction or extension, shall be computed as if the water main
was so constructed or extended; and the special connection charge
for property located back from the margin of the street in which the
water main exists and outside of the assessment district created
therefor shall be made giving consideration to the distance of said
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� � � '� ORDINANCE NO. 4205
property from the street margin, provided, however, that in cases
where application of the foregoing formula to a particular parcel of
property results in a charge, which because of unusual conditions,
or conditions peculiar to said property only, is in excess of
charges to similar properties, the Public Works Director is
authorized to reduce the special connection charge to such an amount
charged to properties similarly situated.
3. Special Utilitv Connection Charae. The Special
Utility Connection Charge which shall be assessed against any
property that has not participated in the development of the water
system, which system shall include the wells, pump stations,
reservoirs, and transmission mains shall be assessed at the rate of:
(a) . three hundred dollars ( $300.00) per single-
family residence and mobile home dwelling;
(b) . one hundred seventy five dollars ( $175.00) per
living unit of an apartment, condominium, cooperative rental, time-
share, motel, hotel, or similar multi-family occupancy residential
structure;
(c) . for all other properties except City
properties, four cents ($0 .4) per square foot of property connected
but not less than three hundred dollars ( $300 . 00) ;
(d) . Fees are incurred upon the granting by the City
of a building permit, but are payable at the time construction
inspection permits are issued for water main extension. All other
water service applicants shall pay at the time the water meter
application is issued;
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� � ' ORDINANCE NO. 4205
(e) . Fees are due immediately, notwithstanding the
prior paragraph, if the party owing the fee sells to a third party,
unless the third party agrees to pay the charge, in writing, with
the amount owing to the City set forth in that writing, and further
the City agrees that the third party shall be responsible for that
fee after determining that such an agreement would be in the City's
best interest. The burden of establishing that the agreement would
be in the City's best interest would be on the party owing the fee
and not on the City;
(f) . When the phrase "property which has not
participated in development of the system" is used in this section,
it shall mean property which has not paid a special utility
connection charge for the property based upon the square footage of
the property that is to be served by the utility. For example, one
single family residence on a five (5) acre tract which has paid
three hundred dollars ( $300 . 00) under this section to connect to a
water system will have paid only for one seven thousand five hundred
{7,500) square foot lot at a rate of four cents ($ .04) . Additional
charges would be applied for any additional development on the
property. Property that was developed before the effective date of
the first connection charge ordinance in 1965 is exempted from the
connection charge. Any rebuilding, change in use or additions to
exempted property that does not require additional water usage such
that a fire hydrant or larger meter is necessary, will not trigger a
new connection charge. However, when property is redeveloped or the
use changed or intensified such that a larger water meter or
additional water meters or a fire hydrant are necessary, or when no
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" � ORDINANCE NO. 4205
water meter was obtained before, such as property on a well, then
any application for the initial water meter or a larger water meter
or installation of a fire hydrant will trigger a utility connection
charge. For the purposes of this policy, such property when
applying for an initial or larger water meter or installing a fire
hydrant shall be property that has not been previously assessed;
(g) . No special utility connection charge will be
collected on City-owned properties . The benefits to the utility
from the use of other City properties such as utility easements,
wells, and other benefits, offset the amount of the utility
connection charge fee;
(h) . When calculating the area to be charged the
connection charge, undeveloped greenbelt and major easements within
the property shall not be included in the square footage for the
calculation of the charge. When determining whether property is
undeveloped greenbelts or major easements, the inquiry should be to
recorded easements, dedications, or restrictions on the
Comprehensive Plan or zoning maps or City policies that would
prevent development or significant usages. This exemption is
intended not to charge property that is undevelopable;
(i) . There shall be no other exemptions from the
special utility connection charge. Any party extending utilities
that may serve other than that party's property may request a
latecomer' s agreement from the City. Any party required to oversize
utilities may request that utility participate in the cost of the
project.
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' ' ORDINANCE NO. 4205
4 . Ins�ection and Annroval Fees . In addition to other
permits and fees, there will be an inspection/approval fee for on-
site and off-site replacement and improvements which shall be
identical to that specified in Chapter 8, Title IX, and any
subsequent amendments thereto.
C. If any such property for which a special connection charge
has been paid thereafter is included in a local improvement district
for the construction of a water main of the same or similar nature,
then the principal amount so paid shall be credited to the
assessment against such property and such amount shall be paid from
the Water Works Utilities Fund into such Local Improvement District
Fund.
SECTION II. Section 8-717 of Chapter 7, Sewers, of Title VIII
(Health) of Ordinance No. 1628 entitled "Code of General Ordinances
of the City of Renton" is hereby amended to read as follows:
8-717 : CHARGES FOR PROPERTY NOT PREVIOUSLY ASSESSED.
A. The special connection charge imposed shall be paid into
the Waterworks Utility Construction Fund.
The charge shall be paid in cash whenever such connection
is requested, or application may be made by such property owner to
provide for the payment thereof by an installment contract if the
amount is in excess of five hundred dollars ( $500. 00) , with interest
at the rate of ten percent ( 10�) per annum, computed annually on
unpaid balances, which contract shall provide for a minimum down
payment of not less than ten percent ( 10�) of such total connection
charges hereinabove set forth, payable upon execution of such
contract and the balance thereof to be paid in not more than twenty
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� ORDINANCE NO. 4205
(20} 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 at the time the
first quarterly payment of such year is due and payable, shall
describe the property served by the water, and shall be duly
acknowledged by the property owner and be recorded by the Public
Works Director in the office of the County Auditor at the expense of
such property owner. Delinquent payments under such installment
contracts shall be a lien upon the described property as provided
for in RCW 35 . 67 .200, and enforceable in accordance with RCW
35. 67 .220 through 35 . 67 .280 . As an additional and concurrent method
of enforcing such lien, the water service to such property may be
disconnected in accordance with RCW 35. 67 .290 and this code until
such time as all delinquent payments have been paid in full. Upon
full payment of such installment contract, the Public Works
Director, on behalf of the City of Renton, shall execute and deliver
unto the property owner a release of such lien, which shall be
recorded, at the expense of the property owner, with the King County
Auditor's office. All installment payments so made shall be applied
first to interest accrued up to date, and the balance to principal .
B. In addition to sewer connection permit fees as required by
ordinance and the rules and regulations promulgated thereunder,
there is hereby imposed upon, and the owners of properties which
have not previously been assessed or charged or borne an equitable
share of the cost of the City's sewer distribution system shall pay,
prior to any connection to a City sewer main, one or more of four
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ORDINANCE N0. 4205
(4) special connection charges, herein defined, in an amount to be
computed under the following paragraphs of this Ordinance.
1 . Latecomer Fees. The imposition, collection, payment,
and other specifics concerning this charge are dealt with elsewhere
in this code.
2 . S�ecial Assessment Char�e. The special assessment
charge is a charge for the historical costs for the sewer collection
system, which system shall include the sewer collection mains that
lie adjacent to or near properties that would benefit directly
therefrom, that were not installed by L. I.D. 's or by a private
developer under a Latecomer Agreement.
(a) . The number of units of property frontage to be
served by the sewer distribution system, determined in the manner
prescribed in RCW 35 .44. 030 . 040 and . 047 for determining "assessable
units of frontage, " shall be multiplied by the actual local
improvement assessment per unit of frontage for such facility for
the year in which the sewer main to which the property is to be
connected was constructed and accepted as complete by the City.
(b) . In addition to the aforestated cost of
"assessment" there shall be a charge of ten percent ( 10�) per annum
added to such cost, but in no case shall such charge be in excess of
one hundred fifty percent ( 150$) of the original assessment cost.
Interest charges should be simple interest and not compound
interest.
{c) . Such special connection charge for property
abutting on a street in which a sewer can be constructed or extended
to serve such property but can be connected without actual
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� ' ORDINANCE NO. 4205
construction or extension, shall be computed as if the sewer was 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 the assessment 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 side sewer required for connection to the
City's sewerage system; provided, however, that in cases where
application of the foregoing formula to a particular parcel of
property results in a charge, which because of unusual conditions,
or conditions peculiar to said property only, is in excess of
charges to similar properties, the Public Works Director is
authorized to reduce the special connection charge to such an amount
charged to properties similarly situated.
3. SAecial Utilitv Connection Charae. The special
utility connection charge which shall be assessed against any
property which has not participated in the development of the sewer
system, which system shall include lift stations, force mains,
interceptors and other collection mains, shall be assessed at the
rate of:
(a) . $300 . 00 per single-family residence and mobile
home dwelling;
(b) . $175 . 00 per living unit of an apartment,
condominium, cooperative rental, time-share, motel, hotel, or
similar multi-family occupancy residential structure;
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' ORDINANCE NO. 4205
(c) . For all other properties except City properties,
$0 .4 per square foot of property connected but not less than
$300.00;
(d) . Fees are incurred upon the granting by the City
of a building permit, but are payable at the time construction
inspection permits are issued for public sewer extension. All other
sanitary sewer service applicants shall pay these fees at the time
of building sewer application;
(e) . Fees are due immediately, notwithstanding the
prior paragraph, if the party owing the fees sells to a third party,
unless the third party agrees to pay the charge, in writing, with
the amount owing to the City set forth in that writing, and further
the City agrees that the third party shall be responsible for that
fee after determination that such an agreement would be in the
City's best interest. The burden of establishing the agreement
would be on the party owing the fee and not on the City, and would
be in the City's best interest;
(f) . When the phrase "property which has not
participated in development of the system" is used in this section,
it shall mean property which has not paid a special utility
connection charge for the property based upon the square footage of
the property that is to be served by the utility. For example, one
single family residence on a five (5) acre tract which has paid
three hundred dollars ( $300. 00) under this section to connect to a
sewer system will have paid only for one seven thousand five hundred
(7,500) square foot lot at the rate of four cents ( $ . 04) .
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� � ORDINANCE NO. 4205
Additional charges would be applied for any additional development
on the property.
Property that was developed before the effective
date of the first connection charge ordinance in 1965 is exempted
from the connection charge. Any rebuilding, change in use or
additions to exempted property that does not require additional
water usage such that a larger domestic meter is necessary, will not
trigger a new connection charge. However, when property is
redeveloped or the use changed or intensified such that a larger
domestic water meter or additional domestic water meters are
necessary, or when no domestic water meter was obtained before, such
as property on a well, then any application for the initial water
meter or a larger water meter will trigger a utility connection
charge. For the purposes of this policy, such property when
applying for an initial or larger water meter shall be property that
has not been previously assessed.
When property is redeveloped and the use
intensified such that a 4" (residential) sanitary sewer stub is
required to be replaced with a 6" (commercial) sanitary sewer stub,
to the sewer main, then any application for the sewer construction
permit will trigger a utility connection charge.
(g) . No special utility connection charge will be
collected on City-owned properties . The benefits to the utility
from the use of other City properties such as utility easements,
lift stations, and other benefits offset the amount of the utility
connection charge fee;
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ORDINANCE NO. 4205
(h) . When calculating the area to be charged the
connection charge, undeveloped greenbelt and major easements within
the property shall not be included in the square footage for the
calculation of the charge. When determining whether property is
undeveloped greenbelts or major easements, the inquiry should be to
recorded easements, dedications, or restrictions on the
Comprehensive Plan or zoning maps or City policies that would
prevent development or significant usages. This exemption is
intended not to charge property that is undevelopable;
(i) . There shall be no other exemptions from the
special utility connection charge. Any party extending utilities
that may serve other than the party`s property may request a
latecomer's agreement from the City. Any party required to overside
utilities may request that the utility participate in the cost of
the project.
4 . Inspection and Annroval Fees . In addition to other
permits and fees, there will be an inspection/ approval fee for on-
site and off-site replacement and improvements which shall be
identical to that specified in Chapter 8, Title IX and any
subsequent amendments thereto.
C. If any such property for which a special connection charge
has been paid later becomes subsequently included in a Local
Improvement District for the construction of a sewer of the same or
similar nature, then the principal amount so paid shall be credited
to the assessment against such property and such amount shall be
paid from the Waterworks Utilities Fund into such Local Improvement
District Fund.
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' ORDINANCE NO. 4205
SECTION III. This ordinance shall be effective upon its
passage, approval, and thirty days after publication.
PASSED BY THE CITY COUNCIL this 20th day of Februar� � 1989 .
l ��,,��'�s�
, �
, ��
Marilyn J: P���Sen, neputy Cit� Clerk
APPROVED BY THE MAYOR this 20th day of Februury � 1989 .
C— ` "'�a�ra� �( ��Zk�i,�+�G
Richard !�I. Stredicke, Mayor Pro tem
Approved as to form:
Lawr c . Wa en, City Attorney
Date of Publication: February 24, 1989
ORD. 66-1/19/89-as .
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