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HomeMy WebLinkAboutOrdinance 675 N.C.S. 03/04/19633! 6 ORDINANCE NO. 675 N. C. S:. INTRODUCED BY COUNCILMAN. SECONDED BY COUNCILMAN K Colin M. Gustafson AN ORDINANCE AMENDING CHAPTER 27 OF THE PETALUMA CITY CODE OF 1,958 BY AMENDING SECTION 27.1 TO ADD THERETO A DEFINITION OF A WATER BENEFIT DISTRICT; AMENDING ARTICLE 11 OF C HAPTER HAPTER 27 QV THE PETALUMA CITYCODE'OF 1958 BY AMENDING 27. 1-1 TO ESTABLISH A CONNECTION' FEE; BY AMENDING 27. 17 TO PROVIDE FOR MAIN EXTENSIONS'- TO PROVIDE, FOR THE METHOD OF RECOVERY OF INSTALLATION COSTS; TO PROVIDE FOR THE ESTABLISHMENT OF WATER BENEFIT DISTRICTS AND THE RECOVERY OF MAJOR MAIN INSTALLATION COSTS .IN WATER BENEFIT DISTRICTS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA, AS FOLLOWS: .Section I. Section 2 1 7. 1 of thePetalumm City Code of 1958 is hereby amended. to adding thereto the definition of a water. district to read as follows: "Section 27, 1 A water benefit district is a land area that is served by a major rei ' n , fo - rcina water main, the he - reinforcing main being connected to sub-mains which form ,a water distribution ,grid system, thus benefiting said land area. (Said area to exclude existing streets,, highways and, public ways. Section, 2. Section 27. 11 of the Petaluma City Code of 1958 is hereby amended to. read. as follows "Section. 27. . Permit, to make connections., payment of co nnection charges.-.' An, applicant fbrvater service (including private fire protection) shall connect, with the water system,only after first obtaining a permit so to do from the ManaLrer and shall pa a g&s as follows: y connection ch r, Size Service Meter. Connection fee Total 3/4" $ 40.00 $ 35.00 $ 240.00 $315.00 11,1 1,50.00 70.00 416.00 4. 11%2" 90.00 125. 00 510.00 725.00 2 1 ? 100: * 00 185.00 640.00 925.00 3 1012.00 4" 1532. 00' 6" .3020.00 8 1, 5104.00 :*Actual cost as determined, by the Manager. An aWicantt water service who ,8e premises fronted on a water distribulibn main, in existence prior to `September 1, 1959, shall pay connection fees as set forth above w.Ah the - exception, however, that any such applicant shall be -entitled to a 3 /41rich-meter connection fee credit upon the first water service instal - la ' tion "made athi.sxequest but shall- pay the service vice and meter charges gas here,inabove set forth. Any applicant . for water service whose premises were once connected to, and served. by water from, a water distribution main shall be entitled to have his premises reconnected to' the water system Without the requirement of paying a - connection fee provided the applicantion shall have been received within five (5) years of the last disconnec ' tion fand be an application for the same size meter service As existed on )the date of disconnectimi. - In the event the applicant shall request a larger meter size than existed at the time of disconnection, (and the application ' pli ation is made within five (5) years of disconnection) then, and in that event, the applicant shall receive connection, fee credit equal to the connection fee applicable cable to the former existing meter size. -,Applicaints entitled to the provisions and credits .of this paragraph shall pay service and meter charges as hereinabove setforth. - I - 3 :�L The subdivider applicant for water service shall be give=n, a $240. 00 connection ,fee credit per 'lot: provid`ed'that the service to the subdivision �is through a main. extensio=n constructed by and financed by the subdivider or the applicant in accordance with the provisions of this chapter' and article. Sectio=n 3. - Section- 27. 1.7 of the Petaluma City - 'Code' of '1958 is hereby amended to read as follows: "Section 27. 17.' Main "Extensions. All main extensions .constructed or hereafter to be constructed pursuant to this Section shall extend, across the full width of the street froitage the property to be served. All main exten- sions shall have an. inside diameter of not less tha=n, eight (8) inches unless otherwise permitted by the Manager. Prior to the commencement "of construc- tion of any mains or main extension under this. Section, the Mai may require changes to be° made in the plans -and specifications in aiy event, no construction of mains shall be comme=nced 180 days after the Manager approves the applicant's plans and specifications unless the 'plan- s and specifications shall have been resubmitted to the Manager for further approval or modification as needed. (1) The actual construction' of water main extensions wilt be done by the Water Department., The Manager may permit the applicant to construct the main-extension subject first to executing an ao- reement, as a condition precedent to the City's acceptance of the maim, which agreeme=nt shall provide, among, other things, the following: x ('a) The applicant shall execute and file an agreement-between himself and the Cit agreeing to complete gall improveme»t work as required by the Manager and this. Chapter; to the satisfaction - of the Manager, within the period specified by the M'ajlager, avid. provid`i:ng'that if 'he shall fail -to complete such work within such period, the City may complete the same a;zd' recover- the full cost and expense thereof from the applicant.. � Such agreement 'shall also provide for inspection of all improvements by the Manager an reimburseme=nt to the City for the; cost of such i=nspection by the applicant. Such agreement may also :provide: {a) - For- the construction of the improvement ;in units: (b) For an extension of time :under ;conditions.therein specified: (c) For.th termination of the agreement `upon .the completion of proceed :ngs under :an assess nei t district act for the construction of improvements deemed 'by the Manager to be; at least the equivale=nt of the Am- prove specified iii-the. agreement and required to be constructed by the applicant; and (d) For progress payments to `the a pplicant, or his order, from any deposit money which the applicant may have iriade in- l'ie.u'of prov a. surety bond, - as provided by "the section, provided, however, that no 'such progresS payment shalLbe made for moz'e - tha-ii ninety per cent of the value of any 'installment of work and provided that each such installment of work .shall be comp eted to the satisfaction of the Manager. {b) Every, applicant shall. also file with the' agreeme=nt required by the preced'ia g section; to :assure "his full and faithful pbrforma,bice, thereof, a bo=nd for such sum as the Manager may deem sufficient `to cover th'e of impr-.ove- mentsLirequ red under.th `s article and inspection thereof. Such bond .shall be executed by ,q surety company authorized to transact a, surety business in the State., and shall be satisfactory to and be approved by the City Attorney as to form aid the Manager as to sufficiency. In lieu of such bond the applicant may deposit with the City Treasurer cash in an amount fixed as aforesaid by the Manager. In the event any applicant. shall fail to complete all- improvement w ork in accordance with the terms of the agreemen , or shall fail to reimburse the. City for the cost of inspection thereof 'the.City shall have the right to require the applicant or his bondsmen to complete such work and improve ment as required by such, agreement and upo=n failure so to do within thirty days after notice in writing of such default, the City shall have the right to complete such improvement work and the applicant and, his bondsmen shall be jointly and.several.ly liable to the City the cost of completing such improve- merit work or such .inspection. In any. such case, if the amount -of surety bond or cash deposit shall be less than the cost and expense incurred_ by the City; the applicant shall be liable to: the City for the difference. - No refunds, progress payments from cash deposits, or releases of s,urety,bond or cash: deposit posted shall be made ;except upon certification by the Manager that work covered thereby has been sa'tisfactor'ily completed. . - 2 - (2) In any case where application for water service (other than private fire protection service or, any public fire hydrant.service) requires a strain extension except in a case involving. an application -to serve a subdivision, tract, or organized, service district the Water Department will extend the City's water mains to a new consumer upon payment by him in cash as a . connection charge of the reasonable estimated cost of extension (including connection charges as established iii Section 27. 11), and, i:f requ'ired� by the Water .Department, any costs, of increasing the.siz.e of :capacity of the City's existing water mains or..any other facilities used or necessary for supplying the proposed extension. The application shall be accompanied by a fee eof $100.00 or 8 per cent of the estimated cost of the extension whichever is the greater. The size, type, quality of materials, location of °mauls- and contract plans and specifications for the. same will 'be.prepared by the. Manager and the actual construction will be done by the Water_ Department or a person acceptable to the Manager. Applicant may, subject to the approval of the Manager, cause to be prepared contract plans and specifications for the construction of the main or mains .in such form and detail as the Manager may specify: °In such event, a fee of 2.per cent of the estimated cost of .constr.uctioz , shall accompany the application in lieu of the $100.00 or 8 per ,cent as set forth above. - No portion of the application fee Werein required be refundable for any reason unless the,applicant shall otherwise qualify for a refund agreement under the provisions of this Chapter pertaining to 'subdivision. maps filed prior 'to June 30, 1961, and made a final map of record on or ,before July _31., 1966,. Adjustment of ally substantial differences between the estimated and the reasonable actual cost. of such extension, will be made within ninety days. after completion of the extension. Such connection charge shall not be otherwise subject to refund. (3) Any applicant for a maul extension to serve a new subdivision, tract, or organized service district (other than private fire protection service or any public fire hydrant service) will be required to pay to the City in cash as a connection charge, before construction is commenced, the estimated reasonable .cost sof:.instal of water mains and necessary fittings; gates and housings therefor from .the nearest existing main. and if required by. the Manager, any costs, of�increasi,ng the - size or capacity.of the City's existing: mains-or any other facilities. used or-,necessary for:•s.upplying the proposed extension. At such time as meters are to be installed in at subdivision, tract,. or. organized service district, the applicant requestiizg meters shall be required to pay the connection charge (as established. Sectio1..27.,11) w . izs.to meters., provided, -always, that all _o.ther installations and costs have been- and deposited as per the require- ments of the Water Department. The - applicatiol shall be accompanied by a fee of $100..00 or 8 per cent , of.the estimated cost of the extension whichever is the greater.' The: size, ,type-,. quality of, materials, location of mains.and contract plans and specifications for the same will lie prepared by :'the- Manager and the actual construction will be, done by!the Water Departme.n.t or -a .person acceptable to th _Manager Applicant may, subject to -the.approval of. the Main ger, cause to be prepared contract plans and ,specifications. for the construction of the main or mains•in such form and detail as the Manager may , specify. , In.'s event, a fee of.2 per cent of the- estimated cost of coistructioii shall accompany the application in lieu of the $100.00 or 8 per cent as. set forth above., No portion of the application fee herein required shall be refundable for any reason unless the applicant shall qualify for a refund agreement udder the provisions of this Chapter pertaining to subdivision maps filed prior to -June 30, 1961, .'and-made a final m—apof record on or ,before July 31, ,1966. Adjustment. of any substantial •differences between the estimated. the .reasonable actual cost of, such installation will be made within ninety days, after completion the _installation. r Connection charges shall not be subject to refund fr-.om after July 1, 19.61, except for those applicants who have fulfilled;the following conditions: L Applicant must have :filed, • in, ac,corda ice with Chapter 22 of the Petaluma City Code, a tentative, subdivision map on.or :before June 30, 1961.- 2;: A°ppticai t must have complete d,his subdividing and caused final maps of record to be recorded in. the. Office of the 'County Recorder of Sonoma County, State of California, on or before July 1, 1966. Final maps of record considered hereunder must, be directly. derived .from and cover, only the eland area described 'in the-tantative maps. mentioned ;in;Paragraph :: Final maps filed hereunder are to be considered an exception, only if -the. :same are derived and_obtain.their validity from the tentative reap filed pursuant to the provisions of Paragraph 1 above -' -3- and .at all times prior to' July 1, 1,966; or "its final recordation be- in. a conditio -i considered current in accordance with the applicable subdivision laws. 3. Applicants having complied with conditions 1 and 2 °above shall be entitled, to enter into a refund agreement with the City to cover- that subdivision Which is a matter of'record on or before July 1, 1966. . Section; 4. . Section 27; 17. 1 is., hereby < added to the Petaluma City Code: of 1958 to provide for recovery of applicant's installation costs and the said Section shall read as follows: "Section 27.1'7. 1, Recovery of Applicant's Installation Costs. Appli- cants making application for main extensions in areas not heretofore served by the Water- Department or its predecessor may be entitled to be reimbursed in an amount not to exceed the actual cost of installation less any connection charges applicable to applicants own property. The applicant desiring. to be reimbursed shall petition the Water Cominission, in writing, for consideration in this regard. The Manager shall submit a report, i,wrting, , on the petition to to the Water CoMMipssion and the report, shall contain his recommendations. ' If the Water Commission, finds that applicant should be reimbursed for the cost incurred, - . -and in that event; the 'same- shall be done only" upon the execution of a written agreement between the applicant aiid City. The said -Omelet shall be upon terms and conditions as follows:, a. The applicant will finance or will have financed -the total cost of the ma in, .extension. I t b. The installing applicant will be :reimbursed :the difference between the, installation costs and the connection charges pertaining -his property over a period of iot less than 10 years, in :equal annual installments:" ''c :. No interest shall be paid applicant on his money.advaliced.. d. Such other reasonable terms and conditions as the City Council and Petaluma Water Commission shall require. 'Th - e a -bove reimbursement shall not apply to offsite improvements to subdivisions or organized service districts. Applicants for a main extension to serve a new subdivision, tract,or organized service district maybe entitled to reimbursement for offsite main extension located outside of the subdivision, tract, ' or organized service district. The Manager shall determine what are, offsite improvements. " - Section 5., Section 27.'17. is hereby added to the Petaluma City Code of 1958 to provid& for the establishment - of water benefit districts and the said Section, shall read .as'follows "Section 27. 17. .2 Water Benefit Districts, Establishment of The City: may -from time to time and' as found necessary, establish water benefit districts in dnd about the, City and in and about the area served by the Water Department. Water benefit districts shall be establish. ed by the City by resolution 'of the City Council in areas where the: Manager finds that it is necessary to install major mains having .an inside diameter of. 12 inches or more and of a length of 1000. feet or- more..'" . Section 6. Section 27.17. 3 is hereby added to the Petaluma City Code of 1958 to 'provide for connection charges in water benefit districts and the said Section shall read as follows: "`Section 27:.1,7.3 Water Benefit .District - Char.�,Yes - 'Establishment of Applicants desiring water service in a water benefit district shall pay connection charges as established by Section 27. 11', and shall in to these charges, pay an. acreage charge, which shall be established as to amount by dividing the difference between the total installation costs of the major maii-i and the esti- mated current installation costs of 'an 8 inch, diameter main by the number of acre-sin - the waster benefit district. The .determination of this acreage charge as computed by the Manager shall be final. The acreage charge pr,.o_isions of this Section shall not apply to properties previously having paid acreage charges. Section 7. Section 27.17.4 'is hereby added to. the Petaluma City Code of 1,958 to provide for the recovery of major main installation costs in water - benefit districts and the said Section shall.read as follows: ._ _ 4 - 3S "Section 27. 17. .4 Recovery of Major Main Installation Costs in Water Benefit Districts, An, applicant having installed a-major main extension in a water benefit: district may. be ei titledzto be: reimbursed�.for his costs incurred in an amount not to exceed the7 actual cost of installation less the connection charges and acreage charges applicable to appl ea,nts' own property. The applicant desiring to be reimbursed :shall petition the Water Commission, in writing, for consideration. in , this r6gard: The Manager shall submit a report; in writing, on the petition to the- Wafer'Comin- ission and the report shall contain his recommendations.- - If the Water Commission finds that applicant should be reimbursed-for the cost: incurred, then and in. that event, the same shall be done only upon the execution, of a written agreement between the applicant and. the City. The said agreement shall be upon terms and conditions as follows: a. The City shall agree, to collect acreage charges ,and connection fees as provided for in this Chapter for..the benefit of the applicant over ;a period of not more than 10 years. b. The ,installing applicant shall not ,be reimbur - -sed for more than the total costs of -the major main less the acreage charge and. ch'arge's applicable to applicants lown property in the watex- 'benefit district. c. The City will reimburse the.'appl cant once yearly without interest the acreage and the connection fees attributable to the ma, or main for a period of 10 years, with no reimbursement ,to be .made -to the applicant 10 years after the date of the agreement. Upon the expiration; of the agreemen' t, all charges levied and collected. shall belong to the Water Department., d: Such other reasonable. terms and conditions as the City Council and Petaluma. Water Commission shall require. Section 8.. .. The City Clerk, 3be, and ; she is, hereby directed to post this ordi iance�;for_ the period, and in the manner required by the City Charter. Ordered posted th s.48th, day of February, 1963. AYES: Councilmen Colin, Crinella, Gustafson, Solomon, Van Bebber and Mayor Matzen. NOES: None ABSENT: Councilman Ellis. V ETT A,. MAT Mayor. Attest: GLADYS R. WA'LLIN City Cler.k,. ._ _5_ t. hereby certify that the within ordinance was ,posted- in Qne public place in. the City of Petaluma; to_ wit: In the. -City Hall on, the 19th day ;of February, .1963. I-hereby certify: that. the. whole: number:of members of the Council of the City of Petaluma: is seven.;- and. that the. foregoing.ordii anee was ,passed b.y the. Council a't:its meeting of 'the. 4th day of March, 19.63 ,,by the following vote, to -wit: AYES: Counc>amen Colin,. Cr;inella,, Ellis, Solomoii, Van' "Bebber and Mayor Matzen. , NOES: =None. i ABSENT;; None-. ATTEST: (SEAL) - `. i": - V City Clerk.. , _ . . The.: foregoing -Ordinance. Number :67`5 N.-C S;,- having-been regularly, passed and presented to me this ,4th day of March,. 1963, ` is hereby approved' by me this 4th day of March,. '1963.. EFFECTIVE DATE; April '3', 196`3 u May.,o 1 I __6_