Chapter 11 — SEWER CAPACITY

ACQUISITION FEE

Section

3-11.01 Title

3-11.02 Legislative findings

3-11.03 Amount of fee

3-11.04 Collection

3-11.05 Use of fees

3-11.06 Annual review

3-11.07 Collection

This chapter shall be known as the “Sewer Capacity Acquisition Fee Law” of the city.

('66 Code, § 3-11.01) (Ord. 757-C-S, passed 9-21-89)

(A) The city has a present allocation of 5.34 million gallons per day (MGD) of sewer treatment capacity with the Delta Diablo Sanitation District. The city is presently near or at its maximum allocation. The growth demands in the city require the city to increase its allocation. The City of Pittsburg presently has available two million MGD of capacity that is excess to its needs. Pittsburg is willing to transfer such two MGD to the city pursuant to an agreement between Pittsburg, Antioch and the Delta Diablo District.

(B) The draft agreement calls for the city to pay $2.5 million for the acquisition of the allocation. Pursuant to the agreement, Delta Diablo would advance these funds to Pittsburg, and Antioch would reimburse Delta Diablo through the imposition of a sewer capacity acquisition fee of at least $215 per sewer connection.

(C) The City Council finds that the adoption of this chapter will enable the growth anticipated in the Antioch area to continue without being delayed or hampered by lack of sewer capacity, and that the ordinance codified in this chapter is necessary to preserve the public health, safety and general welfare.

('66 Code, § 3-11.02) (Ord. 757-C-S, passed 9-21-89)

The acquisition fee shall be $215 per sewer connection, or $215 per residential unit if more than one unit is served by a single sewer connection.

('66 Code, § 3-11.03) (Ord. 757-C-S, passed 9-21-89)

This fee shall be collected at the time that a building permit is issued, or if no building permit is required for the type of development, at the time of utility hook-up.

('66 Code, § 3-11.04) (Ord. 757-C-S, passed 9-21-89)

Fees shall be placed into an interest-bearing account and shall be used only for meeting the obligations of the reallocation from Pittsburg treatment plant capacity to Antioch agreement. Such fees shall not be considered to be proceeds of taxes pursuant to the California Constitution.

('66 Code, § 3-11.05) (Ord. 757-C-S, passed 9-21-89)

The fee shall be reviewed and adjusted as necessary annually to meet the city's obligation for the above-referenced agreement. The fee shall be rescinded when the city's obligation under the agreement is completed.

('66 Code, § 3-11.06) (Ord. 757-C-S, passed 9-21-89)

The Building Department shall commence collection of the fee 60 days after the adoption of this chapter.

('66 Code, § 3-11.07) (Ord. 757-C-S, passed 9-21-89)