Placerville Municipal Code Ch. 10 Reimbursement for Construction of Drainage Facilities

(A) Persons other than the city may from time to time desire to have the drainage facilities of the city extended for the purpose of making drainage facilities available to properties lying beyond existing drainage facilities. The person desiring to extend the drainage facilities must make application with the city engineer requesting that the drainage facilities be extended and must file with the city engineer plans and specifications setting forth the manner in which the drainage facilities are to be extended. The drainage facilities may be extended by the applicant in the event that the city engineer approves the application, together with the plans and specifications.

(B) In the event the city engineer determines that properties other than the property being developed by the person constructing the drainage facilities benefits from the construction, the city may enter into an appropriate reimbursement agreement with the person constructing the drainage facilities. Said agreement shall provide that the city shall, but without liability therefor, endeavor to collect by way of building permit or other charge associated with new construction on undeveloped property and reimburse to such initial developer so much of the construction costs of said drainage facilities as may be practicably collected from the property owners on the basis of the extent to which said drainage facilities shall benefit their respective properties.

(C) Each reimbursement agreement with the developer shall be authorized by the council in the same manner as other contracts. Such reimbursement agreement and the rights therein granted shall be assignable by the person constructing such drainage facilities in the first instance.

(D) All rights for reimbursement under any reimbursement agreement shall terminate on the tenth anniversary of the date of the agreement, and the city shall thereafter retain any fees charged for use of the system.

(E) The area to be benefited shall be determined by the city engineer, and a map designating the area to be benefited shall be attached to all reimbursement contracts.

(F) The determination of benefits may be based either on area or front foot charges, whichever is determined to be most equitable by the city engineer, and the appropriate allocations of construction costs shall be based upon the benefits to be derived from each parcel of property. The determinations of benefit and allocation of cost by the city engineer shall be final and conclusive.

(G) Fees shall be paid as required by section 4-8-1 of this code to defray the costs incidental to the processing of plans and inspection of such work.

(H) The developer or applicant shall pay all of the initial costs of constructing the drainage facilities as set forth pursuant to this section. The parties within the area that will benefit from the addition to the drainage facilities shall pay their proportionate share of the cost at such time as a building permit is taken out, time to be determined by the city engineer. (Ord. 1463, 11-28-1989)