Lompoc Municipal Code Ch. 13.24 Bonded Utility Lines

For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

"Abutting lot"

means any lot which is directly benefitted by being in such grade and location that it could be connected to a bonded utility line.

"Bonded utility line"

means any extension of a utility line or main, including electrical power, sanitary sewage, water or storm drains, in, along, or upon a public street, alley, or easement, installed at the expense of the owner of public or private property for the purpose of providing a connection of such property to the electrical power, sanitary sewage, water, or storm drain systems of the City, which extensions will also provide a benefit in the form of opportunity for connection to either or such systems, to an abutting lot belonging to persons who did not contribute to such cost and in proportion to such benefit.

(Prior code § 3390)

Any person who intends to construct a bonded utility line and desires to have the benefits of this Chapter shall obtain from the City Council consent to establish it as such under this Chapter.

(Prior code § 3391)

To obtain consent to establish a bonded utility line pursuant to this Chapter written application, on forms prepared by the City Engineer shall be filed with the City Clerk, which application shall be accompanied by plans showing the proposed location, dimensions and types of construction, the estimated cost of construction per lineal foot, the location and description of abutting lots, names and addresses of all persons who have agreed to contribute to the cost of such construction and the description of the abutting lots owned by such persons.

(Prior code § 3392)

The City Council, with the assistance of the City Engineer, shall consider every application to establish a bonded utility line pursuant to this Chapter and shall determine and find as follows:

A. What should be the location, grade, dimension, type of construction and route of such utility line;

B. If the utility line will be approved as one if constructed as recommended by the City Council;

C. The estimated cost of such line;

D. What persons have agreed to contribute to the cost of construction, the amount thereof, and the abutting lots owned by such persons;

E. Which lots will benefit from construction of such line, and the names of owners thereof;

F. What should be the share of the estimated construction cost of such line, in relation to the benefits, for each abutting lot;

G. What should the City contribute, if any, under Section 13.24.050;

H. What reimbursement, if any, any contributing person will be entitled to under Section 13.24.100 from future connecting fees.

(Prior code § 3393)

The City Council, if it determines that the public health requires it, may make a contribution or agree to make contribution, from City funds, for the cost of all or any part of any bonded utility line, and such contribution shall be considered part of the total cost of such line under this Chapter.

(Prior code § 3394)

If the applicant to establish a bonded utility line pursuant to this Chapter desires to proceed after the City Council's action under Section 13.24.040 he or she shall complete such line in accordance with the plans approved by the City Council or with such changes therein as are so approved subsequently, and shall construct such line, by proper permit, under inspection of the City Engineer. When the City Engineer approves the line as being properly constructed in accordance with such plans, he or she shall certify it to the City Council as a bonded utility line.

(Prior code § 3395)

After a bonded utility line is constructed, the City Engineer shall:

A. Prorate the entire cost against all abutting lots in proportion to the frontage of each lot and benefits received, or in case of irregularly shaped lots in such manner as will provide an equitable distribution of such cost in relation to benefits;

B. Fix the amount which shall be paid as a connection fee under this Chapter before any abutting lot shall be allowed to connect to such line, unless the owner thereof has already contributed such amount to the cost of such line.

(Prior code § 3396)

No connection to any bonded utility line shall be made after original construction, to any noncontributing abutting lot, except by express permission of the City Council, on written application. This permit is in addition to the connection charges required under Section 13.24.070. The permit for such connection shall be granted only on condition that the applicant deposit into the City Treasury an amount which the City Council has determined to be the amount of contribution which should be made for connection to the lot for which application is made.

(Prior code § 3396.1)

All amounts collected under Section 13.24.070 shall be deposited into a special trust fund of such designation as the City Council, shall determine. Notice shall be given by the City Clerk of the deposit only to those persons named as contributors in the City Council's proceeding under Section 13.24.040. Such fund shall be held by the City for a period designated by the City Council but not to exceed 20 years and any money therein unclaimed at end of such period shall be paid into the City funds and belong to the City.

(Prior code § 3396.2)

Each person who has contributed to the construction cost of a bonded utility line, over and above the proper share of the construction cost which should have been paid for such person's abutting lot, according to benefit to such lot as determined by the City Council, is entitled to reimbursement from any fees paid to the City under this Chapter for connection of abutting lots to such line subsequent to the completion thereof. The amount of reimbursement shall be proportionate in relation to all others entitled thereto. Such person entitled to reimbursement shall file a written claim therefor with the City Council whenever the fund referred to in Section 13.24.090 has money on hand available for reimbursement.

(Prior code § 3396.3)

No succeeding owner of an abutting lot under this Chapter shall, by succession of ownership, be entitled to reimbursement due a prior owner under Section 13.24.100, and such right of reimbursement shall be considered personal to the one making the contribution. The City Council may require the applicant for reimbursement to show such proof, by assignment, judgment, succession or any other operation of law, satisfactory to the City Council to establish the right of the applicant thereto.

(Prior code § 3396.4)

The City Council, if it determines any person to be entitled to reimbursement under Section 13.24.100, shall order payment to claimant of his or her proper proportion of such money paid into the fund for such connection. In the event the City made a contribution to the bonded utility line, it shall reimbursed for its proportionate share.

(Prior code § 3396.5)

Despite any other provisions of this Chapter, the City Council shall have full power to make a determination of the proper amount, in proportion to benefits received, that any person desiring a connection to a bonded utility line under this Chapter should contribute as condition of a permit being given for such connection, and to determine the proper amount of reimbursement to which any claimant is entitled under Section 13.24.100.

(Prior code § 3396.6)

All bonded utility lines are the sole property of the City, and nothing in this Chapter shall prevent extensions of such lines or create bonded utility lines out of such extensions.

(Prior code § 3396.7)