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HomeMy WebLinkAbout0427ORDINANCE NO. 427 (1968 Series) AN ORDINANCE EXTENDING THE PE 13,10D OF ELIGIBILITY FOR REFUNDS FOR SEWER AND VIATER EXTENSIONS FROM TEN YEARS TO FIFTEEN YEARS. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. That Section 7410.6 of the San Luis Obispo Municipal Code shall be and is hereby amended to read as follows: Section 7410.6 Main Extensions to New Customers Cther Than Subdivisions. (1) Mains will be extended to serve new customers under the following terms and conditions. No main extension will be made by the City except on an approved dedicated street, alley, or recorded easement. Prior to construction of the main, every applicant for water service shall enter into a written form agreement for such extension and shall deposit with the Water Department an amount equal to 10% of the estimated cost of extension, including engineering and administration. The estimated cost shall be based on the actual size of facilities required to meet the service demands from that extension, except that 8" pipe shall be the minimum size considered for general use. Should the Water Department desire to install facilities greater than are needed to meet said service de- mands, the cost of the excess size of facilities shall be borne by the City. The Water Department shall then proceed with plans and specifications and shall solicit and open bids for the proposed work. On the basis of the approved bid, plus engineering and administrative costs, the Water Department shall inform the applicant as to the cost of the proposed extension. Upon receipt by the City of an amount which, with the original deposit, is equal to the cost of the work, the Water Department shall proceed with the construction of the extension. In the event that the applicant or applicants fail to deposit the required funds within::60 days after determination of the cost, the extension will not be made and no refund of the 10% deposit will be made, except that where actual costs are less than the amount of such deposit, the City may refund the unused amount. (Ordinance No. 305 - 1965 Series) (2) Calculation of "Rater Main Extension Charges. Immediately upon completion of the water extension the Water Superintendent shall prorate the entire cost thereof against all lots or property that may ultimately be benefited by direct connection to said water extension 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 Water Superintendent, provide an equitable distribution of costs. In no case shall any applicant pay an amount less than the prorated cost of the extension for the length of his frontage as determined above. The main extension charges as described in this section shall be in addition to the specified service connection charges. Ordinance No. 427 Page 2 (3) Refunds. The original applicant or applicants shall up to ten (10) years from the date of signing any form agreement entered into prior to December 1, 1968 and up to fifteen (15) years from such date for those entered into after December 1, 1968, be entitled to a refund for each connection made to the extension, based on the prorated cost as determined above for each lot or parcel. The -°later Department may make extensions to the facilities constructed under this regulation vrithout obligation to applicant, and refunds will not be made for services connected to said additional extensions. No interest shall be paid on or accrue on such deposits for water main extension. Refunds of the deposit shall be made only if, as and when water main extension charges are collected from other consumers requiring service from this water main extension, and shall be subject to setoffs for any amounts then owed to City by the applicant or applicants. SECTION 2. That Section 7410.7 of the San Luis Obispo Municipal Code shall be and is hereby amended to read as follows: Section 7410.7 Subdivisions, Main Extensions to. (1) Where water main extensions are required for subdivisions, it will be the responsibility of the owner or subdivider to pay the cost for complete installation of all water facilities required within the subdivision and for extension of water transmission mains from the subdivision to the nearest existing main of adequate capacity for the area to be served. Such transmission mains shall be subject to all the requirements as set forth in the Subdivision regulations in this Code and to any and all modifications and supplements to said regulations. Upon official acceptance by the City, the City shall assume full ownership, maintenance and control of such mains. (2) Refunds to Subdividers. Upon completion of any water transmission main to a subdivision as outlined above, the subdivider may submit to the Water Superintendent a certified statement showing the actual cost of such extension. If said extension is larger than 8" in diameter, the Water Superintendent shall adjust the actual cost to the equivalent of an 8" diameter main. He shall then prorate the cost for an 8" main against all lots or parcels which in the future may be served by direct connection to said main. Any and all connections to said main shall be subject to the charges specified in section 7410.6 above. The Water Department may make extensions to the facilities constructed under this regulation without obligation to the subdivider, and refunds will not be made for services connected to said additional extensions. The subdivider or owner of any subdivision whose tentative map was first approved on or after December 1, 1968 shall, for a period of fifteen (15) years from the date of P Ordinance No. 427 Page 3 official acceptance of the subdivision, be eligible for a refund on each connection made to the main extension, as provided herein. The refund period on subdivisions whose tentative map was just approved prior to Decem,ber 1, 1968 shall remain ten (10) years from the date of such final acceptance. No interest shall be paid on or accrue on any funds subject to such refund. -1'efunds shall be made only if, as and when main connection charges are collected by the City and shall be subject to setoffs for any amounts then owed to City by the subdivider or ownei (Ordinance No. 305 - 1965 Series) SECTION 3. That Section 7500.5 of the San Luis Obispo Yxi nicipal Code shall be and is hereby amended to read as follows: Section 7500.5 Same. %efunds. (a) The original applicant or applicants shall, up to ten (10) years from the date of signing any form agreement entered into prior to December 1, 1968 and up to fifteen (15) years for those entered into after December 1, 1968 be entitled to a refund for each connection made to the extension, based on the prorated cost as determined above for each lot or parcel. The Engineering Department may make extensions to the facilities constructed under this regulation without obligation to applicant and refunds will not be made for services connected to said additional extensions. (b) No interest shall be paid on or accrue on such deposits for sewer main ex- tensions. Refunds of the deposit shall be made only IF, AS and WHEN sewer main extension charges are collected from other consumers requiring service from this sewer main extension and shall be subject to setoffs for any amounts then due City by the applicant or applicants. SECTION 4. That Section 7500.7 of the San Luis Obispo Municipal Code shall be and is hereby amended to read as follows: Section 7500.7. Refunds to Subdividers. (a) Upon completion of any sewer transmission main to a subdivision as outlined above, the subdivider may submit to the City Engineer a certified statement showing the actual cost of such extension. If said extension is larger than 6 inches in diameter, the City Engineer shall adjust the actual cost to the equivalent of a 6 -inch diameter main. He shall then prorate the cost for a 6 -inch main against all lots or parcels which in the future may be served by direct connection to said main. Any and all connections to said main shall be subject to the charges specified in Section 7500.4. The City may make extensions to facilities constructed under this regulation without obligation, and refunds will not be made for services connected to said additional extension. (b) The subdivider or owner of any subdivision whose tentative map was first approved on or after December 1, 1968 shall, for a period of fifteen (15) years from the Ordinance No. 427 Page 4 date of official acceptance of the subdivision, be eligible for a refund on each connection made to the main extension, as provided herein. The refund period on subdivisions whose Jentative map was first approved prior to December 1, 1968 shall remain ten (10) years from the date of final acceptance (c) No interest shall be paid on or accrue on any funds subject to such refund. Refunds shall be made only IF, AS, and WHEN sewer connection charges are collected by the City and shall be subject to setoffs for any amounts then owed to City by the subdivider or owner. SECTION S. This Ordinance, together with the ayes and noes, shall be published once in full, at least three days before its final passage, in the Telegram Tribune, a newspaper printed, published and circulated in said City, and the same shall tales effect and be in force from and after its final passage. INTRODUCED AND PASSED TO PRINT at a Pegular Meeting of said City Council held on the 18th day of November , 1968, on motion of Councilman Gallagher, seconded by Councilman Miller , and on the following roll call vote: AYES: Emmons Blake, Frank Gallagher, Arthur F. Spring, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None ATTEST: i ia.yor r FINALLY PASSED this 2nd day of December , 19 68 , by the following roll call vote: AYES; Emmons Blake, Frank Gallagher, Arthur F. Spring Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None ATTEST: