Torrance Municipal Code Art. 3 Construction as Result of Contributions and Contracts

One or more property owners desiring to have public sewer facilities constructed to serve their property and not wishing to have such sewer facilities constructed under an assessment district and bond issue, may deposit with the City Treasurer an amount which in the estimation of the City Engineer will be sufficient to cover the entire cost of such construction, including preparation of plans and specifications. Such moneys so deposited shall not draw interest.

If, in the opinion of the City Engineer, sewer facilities are necessary and the construction thereof feasible, under the provisions of the preceding section, he shall prepare plans and specifications for the construction thereof.

Immediately after plans and specifications are prepared, under the preceding section, the City Engineer shall call for bids and submit the same to the City Council for acceptance or rejection.

If the amount estimated by the City Engineer, as set forth in Section 72.3.1. is not sufficient to cover the entire cost of sewer construction, including the preparations of plans and specifications, either at a bid price or by force account, the City Engineer shall notify the property owners involved of the additional amount necessary to do such work. Within ten (10) days thereafter, such property owners shall deposit such additional amount with the City Treasurer. Should the property owners fail to deposit such additional amount, the City Engineer shall present a statement to the City Treasurer showing all expenditures on behalf of the proposed sewer construction. The City Treasurer shall thereafter refund to the property owners all the money deposited by them, except that amount shown by the City Engineer’s statement to have been expended on behalf of the proposed construction.

When the full amount necessary to cover the entire cost of construction, under this Article, has been deposited with the City Treasurer, it shall be placed in a guaranteed deposit account against which only charges for the sewer construction shall be drawn.

Immediately after the completion of sewer construction, under this Article, the City Engineer shall prorate the entire cost thereof against all lots or property that may ultimately be benefited by direct connection to the sewer in proportion to the frontage thereof, or if the lots be irregular in shape, then in such manner as may, in the opinion of the City Engineer, provide an equitable distribution of costs.

After all proper charges for the entire cost of sewer construction has been paid, under this Article, the excess, if any, remaining on deposit with the City Treasurer shall be refunded to the property owners in proportion to the amount contributed by them.

In no event shall any owner of property benefited by the construction of a sewer, under this Article, be permitted to connect thereto without first paying the prorated charge placed against such property by the City Engineer.

Immediately upon the completion of the sewer construction, under this Article, the property owners who have contributed thereto shall enter into a contract with the City as provided in the following Section.

The City Engineer is hereby authorized, on behalf of the City, to enter into a written contract with the property owners, depositing funds, under the provisions of this Article, which contract shall contain, among other things, the following conditions:

a) No property owner shall be permitted to connect to the sewer unless he has first paid the charge placed against the property as provided for in Section 72.3.8

b) The City shall endeavor to collect the charges and cause the sum 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) All sums so paid by any property owner shall be refunded to the property owner who deposited the amount necessary to complete the sewer in the proportion that the amount contributed bears to the entire cost, until the property owner has received the entire amount deposited by him less that portion prorated against his 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 the contract, the same shall terminate and be of no further force or effect.

e) No charge made or payment collected shall bear interest.

Any person entitled to any refund under the provisions of this Article shall keep on file with the City Treasurer his correct mailing address. In the event the City Treasurer is unable to locate any person entitled to receive a refund, he shall send a written notice to such person by registered mail, to the last address filed by such person with him. 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 (1) year from the date of such notice, all rights of such person to that particular refund will be forfeited. After the period of one (1) year, the City Treasurer shall pay the amount total to all other persons entitled to refunds in their proper proportion as provided for in this Article. If there be no other persons entitled to refunds, the same shall be paid into the general fund of the City.

No person shall connect any property with the public sewer without first paying the connection charge provided for in Section 72.3.8.

In lieu of depositing the funds called for in Section 72.3.1. the City Engineer shall be authorized to allow any property owners referred to in such Section to have constructed such sewer facilities by themselves, or through their own contractual arrangements; provided, however, that whenever such sewers are constructed by any property owners privately, then, and in such an event, such property owners shall file with the City Engineer a verified statement of the cost expended therefor, which costs shall be used by the City Engineer in his proration of the entire costs thereof as set forth in Section 72.3.6. This shall constitute an alternative means of constructing sewer facilities and providing for a partial refund of costs.