Richmond Municipal Code Ch. 12.24 Reimbursement Contracts for Sewer Construction

Whenever any person, hereinafter called the applicant, wishes to construct sewer facilities with their own money, which facilities in the opinion of the City Council will benefit property owned by persons who are not contributing toward the cost of the construction of the sewer facilities, and if such facilities are dedicated to the public, the City Council may enter into a contract with the applicant to reimburse the applicant, subject to the following provisions and conditions:

(a) The reimbursement contract shall be entered into simultaneously with acceptance of application by the City Engineer.

(b) Within thirty days after execution of the reimbursement contract, the City Engineer shall prepare plans and specifications for construction of sewer facilities requested by the applicant; or in lieu thereof, the applicant may elect to have plans and specifications prepared by a licensed civil engineer of his own choosing, subject to approval of the City Engineer. Upon completion of the plans and specifications, and written approval of the applicant, the City Engineer shall call for sealed bids from at least three qualified sewer construction contractors, the bids to be opened at the specified time and place in the presence of at least one designated representative of the public works department, the finance department and the applicant (if he elects to be represented). The City Engineer shall immediately thereafter prepare an engineer's estimate of the entire cost of the project, based on the lowest responsible bid price and overhead costs for engineering, inspection and incidental expenses, and shall serve notice on the applicant to post a deposit with the director of finance in the full amount of the estimated cost. After the applicant has posted the specified amount with the director of finance, the City Engineer shall submit all bids to the City Council for award of contract to the lowest responsible bidder.

(c) The construction of all sewer facilities shall be under the general supervision of the City Engineer, who shall certify as to the progress payments and completion of the work.

(d) Immediately upon completion of the sewer facilities, the City Engineer shall distribute and assess the reasonable cost, hereinafter referred to as "cost," of the construction against all lots or property which are benefited by the construction in relation to the benefit received. The assessment shall be submitted, within twenty days after acceptance of construction by the City Engineer, to the City Council. The City Council shall, within twenty days thereafter, complete its review of the assessments and make any changes it deems necessary to conform to its determination as to benefits received by the assessed properties. The assessments as determined by the City Engineer, with any change made by the City Council, shall be final and conclusive at the end of the twenty-day period. The assessment shall be placed on file in the office of the City Clerk.

(e) No property owner shall be permitted to connect to the sewer facilities unless he has paid to the special sewer extension fund of the City of Richmond, as set forth in Section 12.24.030 of this chapter, the charge placed against his property as provided in paragraph numbered (d) above.

(f) Prior to the establishment of the assessments, the City Engineer may allow a property owner to connect to the sewer facility upon the owner guaranteeing to pay the amount of the assessment when it is determined, and upon the deposit of an amount of money estimated by the City Engineer to be adequate as a guarantee of the payment of the assessment.

(g) The City shall endeavor to collect the charges and cause the sum so collected to be refunded as provided in the paragraph designated as (h) hereafter, but it shall not be liable for any failure to make such collection or refund, and the obligation to collect the charges shall terminate fifteen years from the date of the contract.

(h) All sums so paid by any property owner shall be refunded to the applicant who shall have contributed toward the construction of the sewer facilities and who entered into a contract with the City of Richmond, in proportion that the amount contributed bears to the entire cost, until the applicant has received the entire amount contributed less that portion distributed against the property of the applicant.

(i) It shall be the obligation of the applicant to inquire of the City whether any said amounts have been paid in to the City by a property owner who did not contribute toward the cost of the construction of the sewer facilities. If any such money remains on deposit with the City without being claimed by the party rightfully entitled to it within one year after it is deposited, the money shall be forfeited to the City of Richmond, and then it shall be transferred to the general fund of the City of Richmond.

(j) The City of Richmond may contribute toward the construction of any such sewer facilities, and if it does so it shall be entitled to a refund under the same provisions and method as set forth above.

(Amended by Ordinance No. 355 N.S.)

All contracts heretofore entered into between the City and persons, firms or corporations where the latter parties constructed sewer facilities with their own money, and which facilities benefited property the owners of which did not contribute toward the cost of the construction of the sewer facilities, shall continue in effect under their terms and conditions, and any property owners desiring to connect to the sewer facility, if the property or the owner thereof did not contribute toward the cost of construction of the sewer facility, shall not be permitted to connect to the sewer facility unless he first pays the charge placed against his property pursuant to the provisions of the contract.

All moneys received under Section 12.24.010 shall be deposited in the special sewer extension fund of the City of Richmond, which fund may be used only for the acquisition, construction, reconstruction, maintenance and operation of sanitation or sewerage facilities to the sole benefit of the contributors to the fund; except that such fund may be used, in the discretion of the City council, for reimbursement in the manner and under the conditions set forth in Section 12.24.010.

The fees established by this chapter are in addition to those permit fees required by other regulations of the City of Richmond not inconsistent herewith, provided, however, that no fee required by this chapter to be paid shall be collected for additional connections where the fee for the original connection shall have been paid.

Any person who connects or causes to be connected any property directly or indirectly to any public sewer constructed as herein provided without first paying the charge placed against said property as in this chapter provided is guilty of a misdemeanor.

(Source: Ordinance No. 1668)