Pismo Beach Municipal Code Ch. 16.46 Payback Procedure for the Hanford-Lemoore Assessment District ( 84-Ad-01)

A. Improvements installed pursuant to the Hanford-Lemoore Assessment District, as summarized below and as more fully described in the final engineers report for said district (a copy of which is on file in the city clerk's office) shall be subject to the procedures established in this chapter unless the city specifically provides otherwise by ordinance or resolution. These improvements include, but are not limited to:

• 1. Water lines;
• 2. Sewer lines;
• 3. Curbs;
• 4. Gutters;
• 5. Sidewalks;
• 6. Street base and paving;
• 7. Underground utilities;
• 8. Streetlights;
• 9. Roadway markings and signs;
• 10. Facilities appurtenant to the above.

B. Any subdivider or developer that proposes to utilize or connect to any of the facilities installed through the Hanford-Lemoore Assessment District and that had not participated originally in the assessment district for the property proposed to utilize or connect to said facilities, shall be obligated to pay a proportionate share in the original installation of said facilities as provided for herein. (Ord. 86-9 § 1 (part), 1986)

Upon completion of the Hanford-Lemoore Assessment District construction improvements, and at the time a subdivider or developer proposes to proceed with connection to said facilities, the city engineer shall review such request and shall determine the applicability of the procedures further defined in this chapter. Such a determination shall be made prior to the issuance of any grading and/or building permits for the proposed project. (Ord. 86-9 § 1 (part), 1986)

A. The city engineer shall prorate the cost of any such original facility against all lots or parcels to be served by direct connection thereto. Such proration shall be for the purpose of collecting an equitable contribution from the "connecting" subdivider or developer, and providing the contribution back to the original assessment district participants.

B. The city engineer shall then inform the subdivider/developer of the amount to be paid. (Ord. 86-9 § 1 (part), 1986)

The requirements of this chapter shall remain through the existence of the assessment district unless otherwise modified by the city council of the city of Pismo Beach, as parcels or portions thereof connect to such assessment district facilities. At the time the Hanford-Lemoore Assessment District indebtedness is complete, reimbursements pursuant to this chapter shall be of no further force and effect. (Ord. 86-9 § 1 (part), 1986)

The city shall collect the prorated amount for each parcel before permitting the parcel to connect to the facility. This amount shall be collected prior to grading permit and/or building permit issuance. Any amounts collected shall be returned in full to the assessment district as provided for in this chapter and pursuant to appropriate local and state laws. (Ord. 86-9 § 1 (part), 1986)

No interest shall be paid or accrue on any funds subject to such refund. Refunds shall be made only if, as, and when connection charges are collected by the city. (Ord. 86-9 § 1 (part), 1986)

Nothing in this chapter shall be construed or applied to affect or reduce any other city charges. fees, connection or other amounts payable to the city. (Ord. 86-9 § 1 (part), 1986)

The city may make connections to said water or sewer facilities to serve public facilities without any obligation to pay any such refunds. (Ord. 86-9 § 1 (part), 1986)

The payback procedures established by this chapter shall not be applicable to common water system improvements which are:

a. Identified in the PRC Toups report dated April 15, 1982; and

b. Reimbursed under the fee credit procedure, all as authorized under the procedures of Resolution No. R-85-23. (Ord. 86-9 § 1 (part), 1986)