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HomeMy WebLinkAbout0410Ni ORDINANCE NO. 411`0. (NEW SERIES) AN ORDINANCE REGULATING THE EXTENSION OF SEWER MAINS, PROVIDING FOR THE PAYMENT OF THE COST THEREOF AND FOR REFUNDS UNDER CERTAIN CONDITIONS. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. NL4IN EXTENSIONS TO NEW CUSTOM RS OTHER THAN SUBDIVISIONS. a. 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. b. Prior to cortruction of the main, every applicant for sewer service shall enter into a written form agreement for such extension and shall deposit with the Engineering Department an amount equal to 10% of the estimated cost of the extension, in- cluding 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 61, pipe shall be the minimum size considered for general use. Should the sewer department desire to install facilities greater than are needed to meet said service demands, the cost of the excess size of facili- ties shall be borne by the City. The Engineering 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 administration costs, the Engineering Depart- ment shall inform the applicant as to the cost of the proposed ex- tension. Upon receipt by the City of an amount which, with the original deposit, is equal to the cost of the work, the Engineering Department shall proceed with the construction of the extension. -1- c. 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 101 deposit will be made, except that where actual costs are less than the amount of such deposit, the City may refund the unused amount. SECTION 2. CALCULATION OF SEWER TMAIN EXTENSION CHARGES. a. Immediately upon completion of the sewer extension, the City Engineer shall prorate the entire cost thereof against all lots or property that may ultimately be benefited by direct connection to said sewer 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 City Engineer, provided 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 sewer main extension charges shall be in addition to the specified service connection charges. SECTION 3. REFUNDS. a. The original applicant or applicants shall, up to ten (10) years from the date of signing the form agreement, 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 de- posits for sewer main extensions. 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. -2- SECTION 4. MAIN EXTENSIONS TO SUBDIVISIONS. a. Where sewer main extensions are required for sub- divisions, it will be the responsibility of the owner or subdivider to pay the cost for complete installation of all sewer facilities required within the subdivision and for extension of sewer trans- mission mains from the subdivision to the nearest existing main of adequate capacity for the area t:b be served. Such transmission main shall be subject to all the requirements as set forth in the Subdivision Ordinance, Ordinance No. 376 (New Series) and to any and all modifications and supplements to said Ordinance. Upon official acceptance by the City, the City shall assume full owner- ship, maintenance and control of such mains. SECTION 5. 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" in diameter, the City Engineer shall adjust the actual cost to the equivalent of a 6" diameter main. He shall then prorate the cost for a 61, 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 2 above. 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 shall, for a period of ten (10) years from the date of official acceptance of the subdivision, be eligible for a refund on each connection made to the main extension, as provided herein. 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. -3- SECTION 6. EFFECTIVE. This Ordinance, together with the Ayes and Noes, shall be published for two days before its final passage in the Telegram - Tribune, a daily newspaper printed, published and circulated in said City and shall take effect and be in force thirty days after its final passage and approval. INTRODUCED AND PASSED TO PRINT this a,-7th day of January , 1955, by the following vote: AYES: Nels Beck, Paul. W. Davis, Warren G.Edwards, Kenneth W. Jones, Fred H. Lucksinger NOES: None ABSENT: None zc lvla r ?in . ally passed this _71h_ day of ry Februa 55, 'by -- —V 192i , the folloving vote -. AYF,Q- Neis BeckPaul W.DavisfWarren G.Edwards, Kenneth W.Jonesp M01, S one ABSENT, AT T F, F T 4 I, J. H. Fitzpatrick, quglified and acting City Clerk of the City of San Luis Obispo do hereby certify that I have proof read the "Proposed Sewer Extension Ordinance" and find it identical with the wording of Section 5 and 6 of Ordinance No. 407 (New Series), WITNESS my hand and the seal of the City of San Luis Obispo this day of January, 1955.