Santa Ana Municipal Code § 13-63 Expenditure of moneys

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Editor's note— Ord. No. NS-1497, § 3, adopted Aug. 6, 1979, amended Ch. 13 by adding provisions designated Art. VI, §§ 13-50—13-56, which provisions were redesignated Art. VII by the editors inasmuch as Ch. 13 already contained an Art. VI.

There is hereby created and established the sewer connection fee fund.

(Ord. No. NS-1497, § 3, 8-6-79)

All moneys received by the city as a fee for connection to the public sewers, pursuant to section 39-53 of this Code, shall be deposited into the sewer connection fee fund.

(Ord. No. NS-1497, § 3, 8-6-79)

Except as provided in section 13-65, moneys in the sewer connection fee fund may be expended for, and only for, the purpose of reimbursing persons, or their successors-in-interest, for all costs incurred by them in paying for construction of sewers, in such manner and in such amount as is provided by contract between such person and the City of Santa Ana pursuant to section 39-54 of this Code.

(Ord. No. NS-1497, § 3, 8-6-79)

Parties contracting for reimbursement for sewer construction cost, or their successors-in-interest, shall be entitled to receive payment as moneys accrue in the sewer connection fee fund until fully reimbursed, in the chronological order of the dates of execution of their respective contracts, except to the extent any such contract may provide for proportional, subordinate or deferred payment to the party thereto with respect to simultaneous or subsequent contracting parties.

(Ord. No. NS-1497, § 3, 8-6-79)

The City of Santa Ana may receive reimbursement from the sewer connection fee fund for all costs of sewer construction in the same manner as parties contracting with the city pursuant to this article, upon a resolution of the city council setting forth manner and amount of such reimbursement. Reimbursement to the city shall be subordinate to the claims of prior contracting parties to moneys accruing in the sewer connection fee fund.

(Ord. No. NS-1497, § 3, 8-6-79)

Moneys in the sewer connection fee fund shall be deposited into an interest-bearing account separate and apart from other municipal funds, and interest accruing thereon shall be credited to the sewer connection fee fund.

(Ord. No. NS-1497, § 3, 8-6-79)

Upon a finding that a surplus exists in the sewer connection fee fund, in that moneys on deposit therein exceed present and prospective expenditures pursuant to section 13-63, the council may authorize and direct the transfer of all or any part of such surplus from the sewer connection fee fund to the general fund.

(Ord. No. NS-1497, § 3, 8-6-79)