HomeMy WebLinkAboutO-1808 - Amends Ord. 1795, moratorium on sewer connections (Special)CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
ORDINANCE NO./go$>
AN ORDINANCE OF THE CITY OF MARYSVILLE AMENDING SECTION
2.3 OF ORDINANCE 1795 SO AS TO ALLOW DRY SEWER EXTEN-
SIONS DURING THE CITY'S SEWER MORATORIUM.
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO
ORDAIN AS FOLLOWS:
section 2.3 of Ordinance 1795,as adopted on August 13,
1990,is hereby amended by adding the following new subsection:
2.3.1.Nothing herein shall prohibit the construction
of dry sewer extensions during the city's sewer moratorium
if the following conditions are met:
a.The engineering designs shall have first
been approved by the city and by the Washington state
Department of Ecology.
b.The dry sewer extension shall not be struc-
turally connected to any manhole in the City's active
sewer system without prior written approval by the
City.
c.Side sewers extending from the dry sewer
extension shall not extend beyond the public right-of-
way,and no buildings shall be connected to the same
without prior written approval by the city.
d.Dry sewer extensions shall be built to City
specifications and shall be SUbject to inspection and
approval by the City.The party installing said
extensions shall pay all inspection fees required by
city ordinance.Title to the extensions shall not pass
to the city until the same are connected to the City's
active sewer system.
e.The owners of all property proposing to
benefit from the dry sewer extensions (hereinafter
referred to as the "developer")shall sign a covenant
in favor of the City agreeing as follows:
(1)within ninety (90)days after final
termination of the City's sewer moratorium all
properties abutting the sewer extension shall be
connected to the city's sewer system.Such
connections shall be SUbject to inspection and
approval by the City and payment of all connection
fees then required by City ordinance.
Ordinance - 1
(2)Upon connection to city sewers all
septic tanks and drainfields on affected
properties shall be decommissioned in accordance
with any and all applicable governmental regula-
tions.
(3)The warranty and maintenance bond posted
by the developer with respect to the dry sewer
extensions shall be extended for a period of one
(1)year after all sewer connections for abutting
properties are finally completed and title to the
extensions is conveyed to the city.
(4)The developer assumes the risk that the
costs it is incurring for the construction of the
dry sewer extensions may be without any benefit
for an indefinite period in the future while the
city's sewer moratorium continues in effect.
(5)The developer acknowledges that the
city owes no duty,contractual or otherwise,to
supply pUblic sewer service to the affected
properties,except to the extent that said
properties may have vested rights as defined by
city ordinance;provided,however,that even
vested rights do not guarantee the time the
connections will be available.
(6)The developer,on behalf of itself,its
successors and assigns,releases the city,its
elected and appointed officials,employees and
agents,from any and all claims,demands,causes
of action,or damages of any kind or description
whatsoever arising from delayed availability or
unavailability of pUblic sewer connections to the
affected properties.
(7)The covenant shall be binding upon the
developer,its heirs,successors and assigns.If
litigation results from the covenant,the prevail-
ing party shall be entitled to jUdgment for court
costs and reasonable attorney's fees incurred
therein.
PASSED by the City council and APPROVED by the Mayor this
S"'ft:.-dayof 11~~e.->-,1990.
CITY OF MARYSVILLE
By ~&iJ1c3 MAYOR
Ordinance - 2
Attest:
Approved as to form:
By \<:t,.(;2--ATTORN~
Ordinance - 3