Visalia Municipal Code Art. 5 Sewer Extensions, Financing and Costs Repayment

The purpose of this article is to provide an expedient method of financing sewer construction in cases where all benefitted property owners do not wish to participate in such construction and shall not benefit therefrom until connecting to such sewer construction. The method shall provide for equal proportion of cost within a reasonable period of time among the parcels to be benefitted. The following method is not intended to be exclusive.

A. Petition for Extension. Owners of real property desiring to have the city sewer system extended in accordance with the provisions of this article, shall make written application therefore to the city, stating the location and limits of the requested public sewer extension, together with a description of their property. The city shall evaluate the feasibility and practicality of the proposed sewer extension and shall estimate the cost of the project, including all costs normally charged by the city to persons extending public sewers, and shall submit to the council a map showing the area to be served and benefitted by said sewer extension. All such sewer extensions shall be within the boundary lines of a public street or a public easement. The sewer extension shall extend across the parcel boundaries being served. The minimum cost to any property owner shall be not less than required by Section 13.08.180(C). The city manager shall report to the city council regarding the proposed sewer extension and if the council determines said extension to be in the public interest, it may grant the request for initiation of the sewer extension project.

B. Deposit of Funds for Construction and Costs. Whenever the application of property owners for public sewer extension has been granted by the city council, the applicant shall deposit with the city, in cash, an amount equal to the total cost estimate of the project. No work shall be started upon the project until the specified deposit has been made.

C. Performance. The city shall prepare plans, specifications, and proposal agreements for the construction of the proposed public sewer extension and shall advertise for sealed proposals. Contracts shall be let to the lowest responsible bidder by the city council. Upon completion and acceptance of the work by the city, the city shall prepare a statement of the final cost of the public extension. If it shall be found that the actual cost upon completion of the project is less than the estimated cost, the excess of the money paid to the city shall be refunded to the applicants in the same proportion that it was paid to the city. When the actual cost exceeds the estimated cost, the applicants upon notice and demand shall forthwith pay the prorated deficiency in cash. No connection to the constructed sewer shall be permitted by the city until such additional payment, if necessary, is made.

D. Cost of Distribution. The city shall prepare a statement of the final cost of the public sewer, and a map showing the prorated costs to the various parcels of property benefitted.

E. Connection Requirements. Whenever the sewer system of the city has been extended in accordance with the provisions of this article, those owners of property benefitted, or their successors in interest who have not heretofore contributed their proportionate share of the cost of the public sewer extension in the amount set up in the city's final cost sheet, shall not be permitted to connect with the public sewer extension unless, and until, they shall have paid to the city the amount in cash stated on the city's final costs sheet, or the current year connection fee as required by Section 13.08.750(C), whichever is greater. All such payments shall be in addition to any other fees required by other city ordinances or regulations.

F. Private Sewers. Any property owner in the public sewer extension district who has, prior to said sewer extension, constructed a private sewer connection to the public sewer for his property at his own expense, shall not be required to contribute to the cost of said public sewer extension except where such property derives increased benefits therefrom as determined by the city and as approved by the council. Such property owner shall pay only the amount so approved before connecting his property to the public sewer extension.

G. Refunds. Periodically upon demand, the city shall refund to the persons originally paying for a sewer extension proportionate amounts paid to the city by property owners who did not participate in the original cost and who have been given permits to connect to the extended sewer and have paid for said connection as provided for in this chapter.

H. Termination of Refunds. Any claim by a contributing property owner for a refund which is available due to payment by benefitted property owners, shall be made within a period of ten years of the filing of the final cost statement. All money paid after the lapse of ten years shall be retained by the city.

I. Oversizing Sewer Mains. The city may oversize any sewer main from the minimum eight inch diameter if it is determined by the city that a larger line would be needed to serve other developments. If a larger line is installed, the city shall pay only the additional oversizing cost. (Ord. 2006-02 (part), 2006: Prior code § 4213)

The purpose of this article is to provide an equitable method for the assessing of costs and the financing of such costs for the provision of sanitary sewer service to developed lots within the city and/or annexing to the city. The following method is not intended to be exclusive.

A. Definitions and Restrictions.

1. A developed lot is defined for purposes of this article as a parcel of ground of record less than five acres, a parcel created by subdivision or lot split and any of the above occupied by a residential, institutional, or commercial structure.

2. The provisions of this article shall apply when at least ninety (90) percent of the area proposed for sewer service is composed of developed lots which are using private sewage disposal systems.

3. No area shall be considered for sewer service under the provisions of this article unless at least fifty (50) percent of the property owners of the developed lots sign a sewer connection agreement with the city in accordance with the procedures outlined hereinafter.

4. Developed lots larger than those in the surrounding neighborhood or subdivision which are subject to further development under existing zoning restrictions shall be assessed at charges higher than those described hereinafter when, in the opinion of the city engineer, such higher charges are required as a matter of equitable sewer cost assessment.

B. Financing of Sewer Extensions. Sewer extensions to be constructed under the provisions of this article may be financed by the city. The city must be reimbursed for this financed cost at such time as benefiting property owners connect to the sewer, except that sewers may be financed for a period not to exceed five years from the date of connection under the financing provisions of the short form of the 1911 Act, Chapter 27, (commencing with Section 5870 through 5895.54) of the Streets and Highways Code, state of California. The limits imposed with respect to such 1911 Act financing are a minimum annual payment to the city of fifty dollars ($50.00) plus interest with the repayment of the total amount due, with interest, to be completed in not more than five years. All monies received as a result of this chapter shall be paid to the Sanitation Fund of the city.

C. Public Financing. The city council shall establish annually by resolution the sewer connection fee which is to represent the total cost of public sewer facilities to the benefitted property owners under this article, which fee shall include and take the place of all other charges and fees other than the monthly sewer service charge specified in this chapter. Such resolution shall be adopted by the council in each calendar year. The resolution currently in effect shall prevail until such time as the resolution for the new year is adopted.

D. The connection fee shall be based on a recommendation by the city engineer considering the costs of sewer extensions for the preceding twelve-month period. The connection fee shall include the cost of sewer laterals to the property line, manholes, main line costs, plumbing permit, and the trunkline capacity charge and treatment plant capacity charge outlined in Section 13.08.750 and shall be a uniform cost per lot; except, that additional fees may be stipulated for additional dwelling units on such lots. The above provisions shall be dependent upon budgeted or specified allocations by the city council of funds sufficient to carry out the purposes of this subsection. The city council, by this chapter in no way undertakes to guarantee the provision of sewer service to any area within or annexing to the city except when, in the council's opinion, the city is able to finance such facilities, and when it is the council's judgment that there is priority need for such facilities with respect to other municipal service.

E. Sewer Connection Agreements. The property owner signing the sewer connection agreement consents to:

1. Pay any and all applicable sewer connection fees as set forth in Article 9, Sections 13.08.710 through 13.08.820;

2. Connect to the sewer line and pay the normal sewer service charge as set forth in Article 10, Sections 13.08.830 through 13.08.890. (Ord. 2006-02 (part), 2006: Prior code § 4214)

The purpose of this article is to assure repayment to the city by directly benefitted property owners for connections to trunk sewers abutting properties not otherwise adequately served by the public sewer system, where such trunk sewers have been built at public expense and where the property owners directly connecting thereto receive benefits in excess of those accruing to the general area served by the trunk sewer; and further to require payment to the city for connection to main sewers where the owners and/or developers of connected and directly benefitted property have not paid for their proportionate share of the cost of construction of the main sewer.

A. Application. This article shall not apply to connections to existing sewers within the boundaries of the incorporated area of the city, as said boundaries existed on April 12, 1948, as outlined in the map thereof on file in the office of the city engineer.

B. Payment. Prior to issuance of a sewer connection permit for properties desiring to connect directly to the aforementioned trunk sewers, or main sewers, the persons desiring to connect thereto shall pay to the city a cost determined annually by council resolution under Section 13.08.750. It is the intent of this article to provide that property owners directly benefitted by the construction of trunk or main sewers at a location where they may connect directly thereto without extension of the public sewer, shall pay to the city the costs which they would normally have incurred were they to have constructed, or to have participated in the construction of, sewer facilities to serve their property. Single-family residences within the city limits of the city which are permitted to connect to an existing sanitary sewer line may have their charges set on the tax roll if they so elect. The procedure of the short form of the 1911 Act assessment as set forth in the Street and Highways Code, Chapter 27 shall be followed. The limits imposed are a minimum annual payment to the city of fifty dollars ($50.00), with the repayment of all charges, with interest, to be completed in not more than five years.

C. Exceptions. The provisions of this article shall apply to connection to existing main or trunk sewer lines with the following exceptions:

1. Those sewers constructed under the provisions of either the short or long form of the 1911 Act of the state of California Streets and Highways Code where assessments are or have been made on the basis of benefits;

2. Sewer connections of the existing single family dwellings in those areas which are deemed by the council to be unable to finance public sewer improvements and described as such by council resolution, said boundaries being as outlined on maps thereof on file in the city engineer's office;

3. Sewers constructed under the provisions of Sections 13.08.180 or 13.08.190 or similar provisions of prior city ordinances;

4. Sewers constructed under council annexation agreements;

5. Sewers constructed pursuant to approved development agreements.

D. Disposition of Funds. All monies received as a result of this section shall be deposited into the sanitation fund of the city. No monies received as a result of this chapter shall be repayable to any developer or property owner who has constructed main sewers for the benefit of his property. Such repayments shall be made only when the developer or property owner has fully complied with the provisions of Section 13.08.180. Further, no developer or property owners shall have the right to sell, lease, assign, or otherwise purport to convey sewer connection rights to any main sewer for other than directly benefitted properties owned by said developer at the time of design approval by the city. (Ord. 2006-02 (part), 2006: Prior code § 4215)

Notwithstanding the provisions of Section 13.08.190 B. and Section 13.08.200 B., payment for connection of single family residences inside the city limits made to sanitary sewer lines after January 1, 2004 and prior to July 1, 2010, may be placed on the county tax roll pursuant to the provisions of Chapter 27 of the Streets and Highways Code, with the repayment of all charges, with interest, to be completed in not more than ten (10) years.

(Ord. 2006-02 (part), 2006: Ord. 2003-15 (part), 2003)