Kingsburg Municipal Code Ch. 13.12 Water and Drainage Facility Standards

To assure the city that its water and drainage systems will be constructed in sizes and capacities to meet the development needs of the community and to provide as fair and simplified a method of reimbursing those who develop or construct such facilities exceeding their own needs for individual projects.

(Amended during 5-08 supplement; Ord. 99-05 § 2 (part), 1999: Ord. 467 § 2 (part), 1988: Ord. 452 § 2 (part), 1986)

The following words shall have the meanings and construction in this chapter unless expressly indicated otherwise.

"Benefited area" means that real property which is found and determined to receive a benefit due to the installation and construction of pipeline facilities.

"Frontage fee" means the rate of fees assessed based upon lineal feet of street frontage immediately adjacent to the pipeline in question.

"Oversize sewer" means a sanitary sewer line that is greater in size and capacity than is necessary to serve the development and must be larger than eight inches.

"Oversize storm drain" means a storm drain line that is greater in size and capacity than is necessary to serve the development and must be larger than fifteen (15) inches.

"Secondary distribution system (or SDS)" means those pipelines that connect between the TGM lines and the individual property's service pipelines for the water system.

"Transmission grid main (or TGM)" means the major pipelines that are required throughout the city in sizes and locations as specified for the water system.

(Ord. 99-05 § 2 (part), 1999: Ord. 467 § 2 (part), 1988: Ord. 452 § 2 (part), 1986)

The city treasurer shall maintain separate fund accounts for the water, sewer, and storm drain fees collected pursuant hereto and make reimbursements therefrom in accordance herewith.

(Ord. 99-05 § 2 (part), 1999: Ord. 467 § 2 (part), 1988: Ord. 452 § 2 (part), 1986)

A. All water and storm drain facilities within the city shall be constructed in accordance with the minimum standards set forth in the City Standard Specifications and the Selma-Kingsburg-Fowler County Sanitation District Wastewater Sewer Design and Construction Standards.

B. The city engineer shall review the standards on an annual basis and submit recommended changes to the city council for consideration.

(Amended during 5-08 supplement; Ord. 99-05 § 2 (part), 1999: Ord. 467 § 2 (part), 1988: Ord. 452 § 2 (part), 1986)

Where the city itself installs water, sewer, or storm drain facilities, whether standard or supplemental sizes, to encourage or promote development of benefited lands, the costs of said facilities are a proper charge on benefited lands, rather than on all taxpayers within the city. Accordingly, the city shall be reimbursed in the same manner and by the same rates for said facilities as provided in this chapter. Rather than by reimbursement agreement, city shall adopt a resolution at the time setting forth the facilities in question and lands benefited. The date of said resolution shall fix its priority for the fifteen (15) year term as with reimbursement agreements.

(Ord. 99-05 § 2 (part), 1999: Ord. 467 § 2 (part), 1988: Ord. 452 § 2 (part), 1986)

In contemplation of adding water wells and to share in the costs of the existing system, there shall be a per residential equivalent connection fee as set forth by resolution.

(Ord. 99-05 § 2 (part), 1999: Ord. 467 § 2 (part), 1988: Ord. 452 § 2 (part), 1986)

It is hereby established that for purposes of determining reimbursements for the transmission grid main water system that the entire city shall be the reimbursement district. Fees collected for the TGM lines shall be the only funds available to or for reimbursement for supplemental water system pipelines.

(Ord. 99-05 § 2 (part), 1999: Ord. 467 § 2 (part), 1988: Ord. 452 § 2 (part), 1986)

All storm drainage facilities shall be constructed in accordance with the Master Plan for Storm Drainage.

(Amended during 5-08 supplement; Ord. 99-05 § 2 (part), 1999: Ord. 467 § 2 (part), 1988: Ord. 452 § 2 (part), 1986)

Fees for storm drain facilities shall be set by resolution and reimbursement therefore shall be based on the number of linear feet of oversize or supplemental lines constructed multiplied by the per foot differential cost for that size line, as set forth in the fee resolution.

(Amended during 5-08 supplement; Ord. 99-05 § 2 (part), 1999: Ord. 467 § 2 (part), 1988: Ord. 452 § 2 (part), 1986)

A. Reimbursement for the construction of storm drain facilities shall be limited to the construction of oversize or supplemental lines, ponding basins or pumping facilities all as shown in the Master Plan for Storm Drainage, except as provided in Sections 13.12.140—13.12.160 herein.

B. The amount eligible for reimbursement for construction of ponding basins or pumping facilities shall be determined on the basis of the differential cost between the capacity constructed and the capacity needed to serve any particular development.

(Ord. 99-05 § 2 (part), 1999: Ord. 467 § 2 (part), 1988: Ord. 452 § 2 (part), 1986)

All sanitary sewer facilities shall be constructed in accordance with the Collection System Sewer Master Plan for Kingsburg, prepared by Selma-Kingsburg-Fowler County Sanitation District.

(Amended during 5-08 supplement; Ord. 99-05 § 2 (part), 1999: Ord. 467 § 2 (part), 1988: Ord. 452 § 2 (part), 1986)

Fees for sanitary sewer collection facilities shall be set by resolution and such fees shall be for the acquisition and/or construction of oversize lines and pumping facilities as shown on the collection system sewer master plan for Kingsburg.

(Ord. 99-05 § 2 (part), 1999: Ord. 467 § 2 (part), 1988: Ord. 452 § 2 (part), 1986)

A. Reimbursement for facilities shall be based on the number of linear feet of oversize line constructed multiplied by the per foot differential cost for that size line, as set forth in the fee resolution.

B. The amount eligible for reimbursement for construction of pumping facilities shall be determined on the basis of the differential cost between the capacity constructed and the capacity needed to serve any particular development.

(Ord. 99-05 § 2 (part), 1999: Ord. 467 § 2 (part), 1988: Ord. 452 § 2 (part), 1986)

A. When a person is required to construct and install water, sewer, or storm drain facilities beyond the street frontage limits of his/her site to bring such services to his/her site, whether of standard or supplemental sizes, or TGM or SDS lines, the cost of such lines shall be payable by said developer subject to reimbursement by adjacent lands benefiting from same.

B. Any such extensions that are oversize shall be reimbursable as set forth in other provisions of this chapter.

C. Any such extensions that are of standard size shall be reimbursable under the provisions of this Article. "Benefited lands" are those properties adjacent to said line extensions that are undeveloped or underdeveloped at the time the said line extensions are installed and which benefit from said installation.

(Ord. 99-05 § 2 (part), 1999: Ord. 467 § 2 (part), 1988: Ord. 452 § 2 (part), 1986)

A. All undeveloped or underdeveloped lands abutting the street in which the line extensions are installed are hereby found and declared to be benefited by said line extensions.

B. Some benefited lands shall be assessed based upon the base rate for such lines in effect at the time of the execution of a reimbursement agreement times the lineal frontage of said property. If two street frontages are benefited each side shall be assessed one-half of the pro-rata amount.

C. The per lineal foot base rate shall be established from current costs of such construction as from time to time set by council resolution.

D. Said frontage fees as assessed herein shall only be payable at the time the adjacent benefited lands are developed or seek to tie into said extension lines.

E. In the case of sewer or storm drainage facilities some lands may be assessed in the form of acreage fees in combination with frontage fees to account for the total benefit to the parcel as determined by the city engineer pursuant to the standards set forth in this code.

(Ord. 99-05 § 2 (part), 1999: Ord. 467 § 2 (part), 1988: Ord. 452 § 2 (part), 1986)

A. The original developer or installer of said extension lines shall enter into an agreement with the city for reimbursement.

B. Reimbursement shall be made only on that portion of the extension line that directly benefits undeveloped or underdeveloped property along the frontage of the extension line.

C. Reimbursement shall be payable only from funds received via the frontage fees assessed and collected as subsequent users connect to said extension lines within the time stated herein. The area of benefit shall be determined at the time the extension line is installed and reimbursement agreement entered into.

D. No credits shall be given against any other fees of the city for the cost of construction of such line extensions.

E. The terms of any reimbursement agreement under this chapter shall also include the provisions set forth in Sections 13.12.180—13.12.200.

(Ord. 99-05 § 2 (part), 1999: Ord. 467 § 2 (part), 1988: Ord. 452 § 2 (part), 1986)

No person shall be eligible to enter into a reimbursement agreement under this chapter unless he/she has constructed, or contracted to construct, water, sewer, or storm drain facilities as defined in this chapter.

Every reimbursement agreement under this chapter shall contain the following general terms:

A. Period of agreement to reimburse shall be a maximum of fifteen (15) years.

B. No interest shall be paid on reimbursement amounts.

C. City shall charge an administrative fee for costs of maintaining, collecting and disbursing funds under this chapter.

D. Payment to those eligible shall be made on an annual basis from monies available in the respective funds on the date set forth in the fee resolution.

E. Priority for payment to eligible persons from said funds for oversize storm drains, sewers, or TGM lines shall be based upon the date of the specific agreement with first in time paid in full before subsequent eligible persons are reimbursed.

F. No credit shall be given against any other fee that may be imposed by city except by separate written agreements.

G. City assumes no liability for the payment of such reimbursement funds and expressly limits it to monies then available in the respective finds established under this chapter.

(Ord. 99-05 § 2 (part), 1999: Ord. 467 § 2 (part), 1988: Ord. 452 § 2 (part), 1986)

Every reimbursement agreement for oversize sewers or storm drains shall, in addition to the general terms above, include provisions, as follows:

A. The potential reimbursement for oversize sewer or storm drains shall be based on the number of lineal feet times the differential cost between the line installed and the base size main.

B. Except as provided in Sections 13.12.150—13.12.170 herein reimbursement for storm drainage lines shall be for oversize storm drains only.

C. Storm drainage fees collected by the city shall be the only source of funds to reimburse the cost of oversize storm drains.

D. Except as provided in Sections 13.12.180—13.12.200 herein reimbursement for sanitary sewer lines shall be for oversize sewers only.

E. City sewer connection fees collected by the city shall be the only source of funds to reimburse the cost of oversize sewer lines.

(Amended during 5-08 supplement; Ord. 99-05 § 2 (part), 1999: Ord. 467 § 2 (part), 1988: Ord. 452 § 2 (part), 1986)

Every reimbursement agreement for extension lines as defined in Sections 13.12.150—13.12.170 shall, in addition to the general terms above, include the following provisions:

A. Frontage fees or a combination of frontage fees and acreage fees collected by city from the benefited area shall be the only source of funds for reimbursement to eligible persons.

B. Frontage fees shall be assessed based upon the base rate in effect at the time of executing the reimbursement agreement. Said base rate shall be for the average current cost of installation of an eight inch main for water, an eight inch main for sewer, and a fifteen (15) inch main for storm drainage and appurtenances as established by council resolution.

C. The potential reimbursement amount to be included in the agreement shall be the base rate, as established by resolution, multiplied by the number of lineal feet of main involved. Where the area of benefit applies to only one side of the street or easement the potential reimbursement shall be one-half the rate times the lineal feet involved. In each case, the potential reimbursement shall be reduced by the amount of the administrative fee of the city.

D. Subsequent agreements for other areas of benefit shall have no bearing or value to agreements executed for specific benefit areas.

E. To provide for maintenance costs of the city, the amount of twenty-five (25) percent of the base rate for reimbursement shall be withheld by the city for its own use.

(Ord. 99-05 § 2 (part), 1999: Ord. 467 § 2 (part), 1988: Ord. 452 § 2 (part), 1986)