Part 9 — WATER MAIN REIMBURSEMENT — San Jose Municipal Code

15.08.900 - Alviso water service area water main reimbursable fund.¶

There is established the Alviso water service area water main reimbursable fund. Said fund shall be administered as follows:

All water main area charges and frontage charges received from applicants for water service within the Alviso water service area shall be deposited in said fund. No other moneys shall be deposited in said fund.

There shall be no obligation, except as provided in this section, on behalf of the City of San José in favor of said fund or in favor of the beneficiaries thereof to reimburse or make any deposits in said fund whether or not the fund at any given time is sufficient to meet the demands made upon it.

Annually, within a reasonable time after the thirtieth day of June of each year, all moneys deposited in the Alviso water service area water main reimbursable fund during the twelve months preceding such June 30th, and any surplus remaining from any years prior thereto, shall be distributed to applicants who as of said June 30th have credits to their accounts in said fund. The amount of payment to each said applicant

shall be in the same ratio to the total amount contained in such fund as such applicant's credit (without reduction for partial reimbursement) bears to the total credits (without reduction for partial payment) carried in the fund as of said date and which on said date have not been terminated by full reimbursement, provided that no applicant shall be entitled to reimbursement for an amount in excess of his credit in such fund. No portion of such moneys shall be distributed until such time as all those persons referred to in Section 15.08.950 have had an opportunity to enter into reimbursement contracts in accordance with the terms of the main-extension agreements referred to in said Section 15.08.950.

An applicant entitled to reimbursement shall be carried on the reimbursable account until one of the following shall first occur:

Full reimbursement is made in accordance with the contract between the city and the applicant;

Twenty years have elapsed from June 30th of the final year in which the applicant's account has been credited;

Upon purchase by the city of the right to reimbursement pursuant to subsection C. of Section 15.08.780.

Upon occurrence of a or b in subsection D.1. above, the city shall succeed to the reimbursable credit of the applicant in the Alviso water service area water main reimbursable fund, and shall be entitled to all payments due thereon until the total reimbursable amount has been discharged.

(Prior code § 7607.2.)

Exceptions & meaning →

15.08.910 - Consolidated water service area water main reimbursable account.¶

There is hereby established the consolidated water service area water main reimbursable account. The purpose of the account is to facilitate the imposition of charges and reimbursement of an applicant for water main installation costs when the applicant installs main capacity in excess of necessary main capacity or performs other related services when approved by the city. Said account shall be administered as follows:

All water main area and frontage charges received from applicants for water service within the Edenvale water service area, the Evergreen water service area, the Coyote water service area and the North San José water service area (collectively the "consolidated water service area") shall be deposited in the consolidated water utility fund and accounted for separately within said fund.

The consolidated water service area water main reimbursable account shall be the sole source for payment of reimbursements to or credits made in favor of applicants. No obligation is imposed upon any other funds of the City of San José.

Annually, within a reasonable time after the thirtieth day of June of each year, all moneys deposited in the consolidated water service area water main reimbursable account during the twelve months preceding such June 30th, and any surplus remaining from any years prior thereto, shall be distributed to applicants who, as of said June 30th, have credits to their accounts in said account. The amount of payment to each said applicant shall be in full or in the same ratio to the total amount contained in such account as such applicant's credit (without reduction for partial reimbursement) bears to the total credits (without reduction for partial payment) carried in the account as of said date and which on said date have not been terminated by full reimbursement, provided that no applicant shall be entitled to reimbursement for an amount in excess of applicant's credit in such account.

An applicant entitled to reimbursement shall be carried on the reimbursable account until one of the following shall first occur:

Full reimbursement is made in accordance with the contract between city and the applicant;

Twenty years have elapsed from June 30th of the final year in which the applicant's account has been credited;

Upon purchase by the city of the right to reimbursement pursuant to subsection C. of Section 15.08.780.

The reimbursable credit of any applicant who has sold the right of reimbursement to the city shall be immediately transferred to the city's credit in the consolidated water service area water main reimbursable account.

The reimbursable credit of any applicant who has not been reimbursed within twenty years from June 30th following the year in which the applicant's account has been credited shall be transferred to the city's credit in the consolidated water service area water main reimbursable account without payment of compensation to the applicant.

Any applicant's credits transferred to the city's credit pursuant to this subsection D. shall remain in the city's credit until such time as required for reimbursement of other applicants.

(Prior code § 7607; Ord. 22847.)

Exceptions & meaning →