Sacramento Municipal Code Ch. 3.144 Storm Drainage Fees and Sanitary Sewer Fees for the Bell Avenue Benefit…

A. Purpose. The purpose of this chapter is to establish a fee district to finance the construction of sanitary sewer and drainage improvements. The owners of property within the district who desire to connect to these improvements will be assessed a pro rata share of the cost of construction. Fees shall be paid prior to approval of the final subdivision map, or parcel map, issuance of a building permit, or connection to the plan improvements.

B. Definitions.

"Bell Avenue benefit areas" are the Bell Avenue drainage benefit area and Bell Avenue sewer benefit area.

"Bell Avenue drainage benefit area" is an area of approximately one hundred ninety-five (195) acres generally bounded by Main Avenue, Pinell Street, Bell Avenue, and Marysville Boulevard.

"Bell Avenue sewer benefit area" is an area of approximately four hundred forty-four (444) acres generally bounded by Grace Avenue, Main Avenue, Pinell Street, Bell Avenue, Interstate 80, May Street, and Rio Linda Boulevard.

"Collector sanitary sewer system" consists of sewer pipelines, stubs and stoppers, street excavation, pavement replacement, and appurtenances located in Bell Avenue, May Street, Grace Road, Gene Avenue, Jesse Avenue, Dry Creek Road, Marysville Boulevard, Fell Street, Raley Boulevard and Reynolds Boulevard.

"Collector sewer fee" is charged to provide the costs of constructing the collector sanitary sewer system.

"I-80 industrial park area" is an area generally bounded by Bell Avenue, Raley Boulevard, Pinell Street, and Main Avenue.

"Plan improvements" are the trunk storm drainage system, trunk sanitary sewer system, and collector sanitary sewer system.

"Trunk fees" are the trunk storm drainage fee and the trunk sanitary sewer fee.

"Trunk sanitary sewer fee" is charged to provide the costs of constructing the trunk sanitary sewer system.

"Trunk sanitary sewer system" consists of sewer pipelines, stubs and stoppers, street excavation, pavement replacement, and appurtenances located in the following streets:

Bell Avenue from the intersection of Rio Linda Boulevard to a point approximately one hundred (100) feet west of Pinell Street and Raley Boulevard from Bell Avenue to Diesel Drive.

"Trunk storm drainage fee" is charged to provide the costs of constructing the trunk storm drainage system.

"Trunk storm drainage system" consists of drainage pipelines, manholes, inlets, street excavation, pavement replacement, and appurtenances located in the following streets:

Bell Avenue from a point approximately one hundred (100) feet west of Marysville Boulevard to a point approximately one hundred fifty (150) feet west of Pinell Street and Raley Boulevard from Bell Avenue to Diesel Drive.

C. Findings of Fact. The council of the city finds and declares as follows:

1. The Bell Avenue drainage benefit area is planned to be subdivided and developed for residential and limited commercial purposes. The development of this property requires a proper trunk drainage system to protect the health, safety and property of the residents.

2. Pursuant to its authority under Article XI, Section 7 of the California Constitution and Sections 66483 and 66488 of the California Government Code, the city council may impose a fee for the construction of the trunk drainage system, provided each acre within the benefit area is assessed an equal share of the total cost of construction.

3. The trunk drainage system improvements will include approximately four thousand one hundred sixty-nine (4,169) linear feet of new twenty-seven (27) inch, thirty (30) inch, thirty-six (36) inch, forty-two (42) inch, forty-eight (48) inch, fifty-four (54) inch and sixty (60) inch diameter storm drain pipe, manholes, and appurtenances. The new improvements will be constructed along Bell Avenue between Pinell Street and the west side of Marysville Boulevard and along Raley Boulevard between Diesel Drive and Bell Avenue. The system also includes one thousand (1,000) linear feet of existing thirty (30) inch and thirty-six (36) inch diameter storm drain pipe located along Bell Avenue between Beloit Drive and Raley Boulevard. The estimated cost of the trunk storm drainage system improvements is four hundred ninety thousand three hundred eighty-one dollars ($490,381.00).

4. The city council will, by resolution, designate the property encompassed by the Bell Avenue drainage benefit area and the per acre fee to be assessed for the trunk drainage system.

5. The Bell Avenue sewer benefit area is planned to be subdivided and developed for residential and limited commercial purposes. The development of this property requires an adequate sewer system including trunk and collector sewer lines to protect the health and safety of the residents.

6. Pursuant to its authority under Article XI, Section 7 of the California Constitution, Sections 50140, 66483 and 66488 of the California Government Code and Section 4742.3 of the California Health and Safety Code, the city council may impose a fee for the construction of this sewer system, provided each acre within the benefit area is assessed an equal share of the total cost of construction.

7. The trunk sanitary sewer system improvements will include approximately eight thousand four hundred seventy-seven (8,477) linear feet of new twelve (12) inch, fifteen (15) inch, eighteen (18) inch, twenty-one (21) inch, and twenty-four (24) inch diameter sewer pipe, manholes and appurtenances. The improvements will be constructed along Bell Avenue between Pinell Street and Rio Linda Boulevard and along Raley Boulevard between Diesel Drive and Bell Avenue. The estimated cost of the trunk sanitary system improvements is nine hundred sixty-four thousand seven hundred thirteen dollars ($964,713.00). The collector sanitary sewer system improvements will include six inch, eight inch, ten (10) inch and twelve (12) inch diameter sewer pipe, manholes, and appurtenances. The improvements will be constructed along local and minor roads within the sewer benefit area. The estimated cost of the collector sanitary sewer system improvements is eight hundred forty-two thousand eight hundred fifty-three dollars ($842,853.00). The city council will, by resolution designate the property encompassed by the Bell Avenue sewer benefit area.

8. The plan entitled "Bell Avenue storm drainage and sanitary sewer facilities plan," a copy of which is on file at the city's department of public works, is adopted as such pursuant to Section 66483(b) of the California Government Code. This plan includes a description and cost estimate of the storm drainage and sanitary sewer improvements.

9. The trunk fees as to any property within the benefit areas will not exceed the pro rata share of the total estimated cost of all trunk facilities within such areas which would be assessable on such property if said costs were apportioned uniformly on a per-acre basis. (Prior code § 78.01.100)

A. Establishment and Administration of the Trunk Fee Funds. The city's director of finance is directed to establish and administer two special interest-bearing funds entitled "Bell Avenue planned local storm drainage facilities fund" and "Bell Avenue planned local sanitary sewer facilities fund." All storm drainage and sanitary sewer trunk fees collected pursuant to this chapter shall be deposited into these respective funds. These funds shall be kept segregated from the general fund. The monies in the storm drainage facilities fund shall be expanded solely for the construction or reimbursement of construction of the storm drainage improvements. The monies in the sanitary sewer facilities fund shall be expended solely for the construction of the trunk sanitary sewer improvements. Both funds shall reimburse the city for the cost of engineering and administrative services related to district formation, administration, design and construction of the plan improvements.

B. Payment of Trunk Fees. The fees imposed by this chapter shall be paid to the city by any owner of a property within the benefit areas, not exempted pursuant to this chapter, prior to approval of a final subdivision map, final parcel map, issuance of a building permit or connection to the plan improvements, whichever occurs first. After maximum fees per gross acre as set forth herein have been paid for a property, no additional fees pursuant to this chapter shall be imposed for further subdivision, permits or other entitlements granted to such property.

C. Determination of Trunk Fees. The amount of the trunk fees assessed under this chapter shall be determined by resolution of the city council.

D. Properties Exempted from Trunk Fees. The city may initiate proceedings to form a special assessment district within a portion of the Bell Avenue benefit areas. The bond proceeds of this district will be used to finance the construction of the trunk portion of the plan improvements. All properties which have joined in said assessment district prior to formation and which pay their pro rata share of the plan improvement through annual installments to the assessment district shall be exempt from all trunk fees imposed under this chapter.

E. Termination of Trunk Fees. The trunk fees imposed herein shall be collected until such times as all properties subject to this chapter have paid their fees or until June 30, 1999, whichever occurs first. (Prior code § 78.01.110)

A. Establishment and Administration of Collector Sewer Fee Fund. The city director of finance is directed to establish and administer a special interest-bearing fund entitled "Bell Avenue collector sewer fee fund." All collector sewer fees collected pursuant to this section shall be deposited into this fund. The monies in this fund shall be expended solely for the construction or reimbursement of construction of the collector sanitary sewer improvements and to reimburse the city for the cost of engineering and administrative services related to district formation, administration, design and construction.

B. Payment of Collector Sewer Fee. The collector sewer fees imposed by this chapter shall be paid to the city by any owner of a property within the sewer benefit area, not exempted pursuant to subsection D of this section, prior to approval of a final subdivision map, final parcel map, issuance of a building permit or connection to the plan improvements, whichever occurs first. After the maximum fee per gross acre as set forth herein has been paid for a property, no additional fee pursuant to this title shall be imposed for further subdivision, permits or other entitlements granted to such property.

C. Determination and Adjustment of Collector Sewer Fee. The collector sewer fees assessed under this chapter shall be determined and adjusted as necessary by resolution of the city council.

D. Properties Exempted from Collector Sewer Fee. The city council will by resolution designate the property encompassed by the I-80 industrial park area. All properties designated by the city council to be within the I-80 industrial park area shall be exempted from the collector sewer fee. The cost of the collector sanitary sewer serving this area shall be financed by a future assessment district or developer funding.

E. Reimbursement and Fee Credit Agreement. If a collector sewer is constructed such that it will benefit properties other than those funding the construction, the city may enter into a reimbursement agreement with the party funding the construction to reimburse, or partially reimburse, said party for the pro rata cost of the portion of the construction which benefits such other nonparticipating properties. The cost of construction shall be the amount of the low bid plus a fifteen (15) percent allowance for engineering, administration, and inspection. The agreement may also provide for a credit inlieu of payment of all or a portion of the collector sewer fee. The credit will be based on the collector sewer construction costs and will be determined by the department of public works. The following conditions shall be contained in each reimbursement agreement:

1. The term of the agreement shall be ten (10) years from the date of approval by the city.

2. The estimated cost to the city in administering each agreement, which will be determined by resolution of the city council shall be deducted from the amount to be reimbursed.

3. A minimum of three bids must have been received for the construction being considered for reimbursement. (Prior code § 78.01.120)

A. Variances and Deviations. The director of public works may approve and allow such variations and deviations from the participation and fee requirements of this chapter as he or she determines are made necessary by existing parcel size or conditions of developments.

B. Appeal. Any person required to participate or pay fees under the provisions of this chapter may appeal any determination made by the director of public works within thirty (30) days after the determination is made. Such an appeal must be made to the city council in accordance with the provisions of Sections 1.24.010 to 1.24.100 of this code. The appeal shall be in writing and shall be filed with the city clerk who shall present it to the council. The council shall set such appeal for hearing on a date not later than thirty (30) days after the date on which the appeal is presented to the council by the clerk. The council shall direct the clerk to give written notice of the hearing date to the appellants at their address given in the written appeal. (Prior code § 78.01.130)

The city council may make such modifications in the requirements of this chapter or may grant such waivers or modifications of the determinations which are appealed to them hereunder as it shall determine to be required in order to prevent an unreasonable hardship under the facts of each case; provided, however, that each such modification or waiver shall be in conformity with the general spirit and intent of the requirements of this chapter. (Prior code § 78.01.140)