Division 3 — EXTENSION OF SEWER MAINS

25-44: APPLICATION FOR EXTENSION OF SEWER MAINS NOT UNDER ASSESSMENT DISTRICT OR BOND ISSUE; DEPOSIT OF ESTIMATED COST REQUIRED:

One or more property owners desiring to have public sewer facilities constructed to serve their property and not wishing to have such sewer facilities or water facilities constructed under an assessment district and bond issue may deposit with the city manager an amount which in the estimation of the city manager will be sufficient to cover the entire cost of such construction, including preparation and specifications. Such monies so deposited shall not draw interest. (Ord. Code § 3612.1)

25-45: PREPARATION OF PLANS FOR NEW CONSTRUCTION BY CITY WHEN EXTENSION REQUESTED:

When requests for the extension of sewer mains are received as provided in section 25-44 of this article and when the deposit required by section 25-44 of this article has been made, then, if, in the opinion of the city manager, sewer facilities are necessary and the construction thereof feasible, he shall cause plans and specifications for the construction thereof to be prepared. (Ord. 1754, 6-2-2009)

25-45.1: ACREAGE FEE:

A. Purpose: In order to implement the goals and objectives of the wastewater facilities master plan of the city, and to provide needed wastewater facilities for new development in the planning area, certain public wastewater facilities must be constructed. The city council has determined that a development impact fee is needed in order to finance these public improvements and to pay for the development's fair share of the construction costs of these improvements. In establishing the fee described below, the city council has found the fee to be consistent with its general plan and, pursuant to Government Code section 65913.2, has considered the effects of the fee with respect to the city's housing needs as established in the housing element of the general plan.

B. Established: An acreage fee is hereby established upon issuance of certificate of occupancy for development in the city, or upon

connection to the city sewer system for development in the city, or upon connection to wastewater facilities. The city council shall, in a council resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the development fee is imposed, list the specific public improvements to be financed, describe the estimated cost of these facilities, describe the reasonable relationships between this fee and the various types of new development and set forth time for payment. As described in the fee resolution, this development fee shall be paid by each developer prior to issuance of certificate of occupancy or connection to the sewer system.

On an annual basis, this fee shall be adjusted by the public works director or designee in accordance with the "Engineering News Record Construction Cost Index" publication.

C. Limited Use Of Fees: The revenues raised by payment of this fee shall be placed in a separate and special account, and such revenues, along with any interest earnings on that account, shall be used solely to:

1. Pay for the city's future construction of wastewater facilities described in the resolution enacted with this section, or to reimburse the city for those described or listed wastewater facilities constructed by the city with funds advanced by the city from other sources; or

   2. Reimburse developers who have been required or permitted as set forth below, to install such listed wastewater facilities which are oversized with supplemental size, length, or capacity.

D. Developer Construction Of Facilities: Whenever a developer is required, as a condition of approval of a development permit, to construct a public facility described in a resolution adopted pursuant to this section, and when such construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer shall be offered. The reimbursement amount shall not exceed the actual cost of the construction of the facility by the developer. In the event the actual construction cost of the facility exceeds the fee required of the development project, the city shall enter into a reimbursement agreement for the cost in excess of the fee required for the project, to be paid from the special account established pursuant to this section. (Ord. 1754, 6-2-2009)

25-46: PLANS FOR NEW CONSTRUCTION BY CITY PUT OUT FOR BID; SUBMISSION OF BIDS:

Immediately after the plans and specifications provided for in section 25-45 of this article are prepared, the city manager shall call for bids and submit the same to the city council for acceptance or rejection. (Ord. Code § 3622)

25-47: ESTATES BENEFITED TO DEPOSIT ADDITIONAL AMOUNT IF BIDS IN EXCESS OF DEPOSIT:

If the amount estimated by the city manager, as set forth in section 25-44 of this article, is not sufficient to cover the entire cost of such sewer construction, including the preparation of plans and specifications, either at a bid price or by force account, the city manager shall notify the property owner, or owners, involved of the additional amount necessary to do such work, and within ten (10) days thereafter such property owner, or owners, shall deposit such additional amount with the city manager. Should the property owner, or owners, fail to deposit such additional amount, the city manager shall prepare a statement showing all expenditures on behalf of the proposed sewer construction and after deducting the same from the deposit made by the property owner, or owners, the city manager shall thereafter refund to the property owner, or owners, all the money deposited by them, except that amount shown by the city manager's statement to have been expended on behalf of the proposed construction. (Ord. Code § 3623)

25-48: WHERE FUNDS DEPOSITED; DISPERSAL:

When the full amount necessary to cover the entire cost of the construction pursuant to this article, has been so deposited with the city treasurer, it shall be placed in a guaranteed deposit account against which only charges for such sewer construction shall be drawn. (Ord. 1537 § B94, 8-6-1996)

25-49: COSTS OF CONSTRUCTION PRORATED AMONG ESTATES BENEFITED:

Immediately after the completion of the sewer construction pursuant to this article, the city treasurer shall prorate or cause to be prorated, the entire cost thereof against all lots, tracts of land or property that may be ultimately benefited by direct connection to such sewer, in proportion to the frontage thereof, or if the lot, lots, tract of land or property be irregular in shape, then in such manner as may, in the opinion of the public works director or designee, provide an equitable distribution of cost. (Ord. 1537 § B95, 8-6-1996; Ord. 1614 § 3, 9- 17-2002)

25-50: REFUNDS WHEN CONSTRUCTION COST LESS THAN DEPOSIT:

After proper charges for the entire cost of the sewer construction pursuant to this article has been paid, the excess, if any, remaining on deposit with the city, shall be refunded to the property owner, or owners, in proportion to the amount contributed by him or them. (Ord. Code § 3626)

25-51: UNCLAIMED REFUNDS TO ESCHEAT TO CITY:

Any person entitled to any refund under the provisions of this article shall keep on file with the city his correct mailing address. In the event the city is unable to locate any person entitled to receive a refund hereunder, it shall send a written notice to such person by registered mail to the last address filed by such person with the city. Such written notice shall contain a statement of the amount of such refund and shall also advise such person that if the refund is not called for within one year from the date of such notice, all rights of such person to that particular refund will be forfeited. After the period of one year, the refund or refunds shall be paid or deposited into the general fund of the city. (Ord. Code § 3626.1)

25-52: CONTRACT BETWEEN CITY AND PROPERTY OWNERS; REQUIRED UPON COMPLETION:

Immediately upon the completion of the sewer construction pursuant to this article, the property owner, or owners, who have contributed thereto shall enter into a contract with the city. (Ord. Code § 3627.1)

25-53: CONTRACT BETWEEN CITY AND PROPERTY OWNERS; TERMS:

The city manager is hereby authorized on behalf of the city to enter into a written contract with the property owner, or owners, depositing funds as provided in this article, which contract shall contain among other things, the following conditions:

A. No property owner or person in possession or control of such property shall be permitted to connect to such sewer unless he has first paid the charge placed against such property as provided in subsection B of this section.

B. That the city shall endeavor to collect such charges and cause the same so collected to be refunded, as provided in subsection C of this section, but shall not be liable for any failure to make such collection or refund.

C. That all sums so paid by any property owner or person in possession of such property shall be refunded to the property owner, or owners, or person in possession, who deposited the amount necessary to complete such sewer in the proportion that the amount contributed bears to the entire cost, until such property owner, or owners, or person making such deposit, have received the entire amount deposited by them, less that proportion prorated against their own property.

D. If the entire amount has not been refunded, as provided in subsection C of this section, within a period of fifteen (15) years from the date of such contract, the same shall terminate and be of no further force and effect.

E. No charge made or payment collected shall bear interest. (Ord. Code § 3627.2)

25-54: CONNECTION NOT MADE UNTIL PRORATED CHARGE PAID OR PAYMENT ARRANGED:

In no event shall any owner of property benefited by the sewer constructed pursuant to this article or other person in possession or control of such real property be permitted to connect thereto without first paying, or by written agreement arranging to pay, the prorated charges placed against the property by the public works director or designee. The council may, by resolution, establish provisions whereby property owners may pay sewer connection fees in installments over a period of time not to exceed three (3) years. (Ord. 1537 § B96, 8-6-1996; Ord. 1614 § 3, 9-17-2002)

25-55: PERMIT AND FEE REQUIRED TO CONNECT:

No person shall connect any property with the public sewer without first obtaining the permit and paying the fee provided by the provisions of this code and other ordinances of the city. (Ord. Code § 3632)