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HomeMy WebLinkAboutOrdinance 727 N.C.S. 05/25/1964, J ORDINANCE NO. 727 N.C.S: INTRODUCED BY COUNCILMAN KENNETH J. COLIN. 'SECONDED BY COUNCILMAN' JOHN W. CAVAN - AGH, JR. AN ORDINANCE AMENDING CHAP. TER 19 OF THE PETALUMA CITY CODE OF 1958'`BY AMENDING SEC TION 19.2.2 TO PROVIDE THE AUTHORITY FOR AN AGREEMENT TO REFUND SEWER INSTALLATION, COSTS BY AGREEMENT, TO •RE- PEAL SECTION 19.41 AND TO AMEND ARTICLE VI BY ADDING THERETO SECTIONS. 19.41, 19:42 AND 19.43 TO PROVIDE FOR THE ESTABLISHMENT OF - ADDITIONAL CONNECTION CHARGES; TO ES= TABLISH ZONES AND- TO 'PROVIDE FOR THE DISPOSITION, OF� REV- ENUES DERIVED. is hereby amended by adding thereto Sections' :19.41 through 19.43, to read as follows: "Section 19.41. Contribution to In- stallation _Costs. In addition. to the connection charges levied by Section 19.40 above, as the same may be amended from time to time, an applicant for con- nection to the City sewer system who desires' to connect to a sewer main extension, installed or paid for by some one other than the appli- cant, shall be required to pay a fee based upon the total cost of installa- tion of the sewer main extension and in propodtion to the applicant's acreage 'and /or front footage in ac -. cord'ance with a formula established by resolution of the City Council. it 'is 'the intention of. this section to require the-.applicant for sewer serv- ice connection to pay his fair Share BE IT ORDAINED BY THE COUN. of the costs of the installation of the CIL OF THE CITY OF P,ETALUD'IA, sewer main extension which was AS FOLLOWS: previously installed at the expense " Section 1. Chapter,,19 of the Peta - of another. luma City Code of 1958 Article I, Section 19.42., Sewer Zones and Section 19.2.2 thereof, is hereby amended to read as follows: Zone Fees. The Council shall have the author - "Section 19.2.2. Sewer ilain Ex- ity to establish sewer zone areas tensions: by resolution whenever, in its judg- Applications for sewer main ex- naent, .61gincering requirements, sew - costs, assessment dis- tensions shall be made at the office of the Director of Public Works. If er construction tricts or other factors create the . the applicant is permitted to proceed need foe. an, 'equalization of fees with the sewer main extension and among those to be served by sewage installation, he shall 'install "the same facilities.. The resolution establishing at his own cost or expense. How- the zone or zones shall describe the ever,;when the sewer main extension .zone and shall establish such fee will be of benefit to properties other or fees, in, addition to any other the than that owned by the applicant, fees due by this Chapter., as by means of an agreement with the 'the Council deems appropriate. whenever a zone is established in City, a portion of costs may be refunded according to a formula to order to equalize costs by reason be determined by the City Council. of construction of a sewer main through assessment district An applicant for a, sewer main ex- tension who 'installs' a sewer main extension or like proceedings, the property extension of benefit to properties owners within such zone or zones furnish and file with the Di; other than that owned by applicant, may be entitled to be reimbursed shall rector of Public Works a written for his costs incurred in an 'amount not to the in- statement indicating that the prop - by him -has been assessed exceed actual cost of stallation: The applicant desiring to crty owned for the construction of -a sewer main be reimbursed shall petition. the and shall indicate the amount of the Council in - writing 'f6r 'consideration assessment. The description of the be filed with the Di- for the execution of an agreement property shall 'rector Public Works and be made whereby his costs may be reim- bursed. The petition shall set forth of a- part of the records of the City. in reasonable` detail the reasons for The amount of the assessment shall the request' of refibursement. a be considered a benefit to the prop - statement of actual costs incurred erty and the, benefit of the assess - with the property. and such other matter as away be re. quired by the Council. Ally agree- merit shall r Section` 19.43. Disposition of Reve- ment executed, by the City with the nues Derived' tinder Article: shall be applicant for reimbursement shall be All fees set forth herein Engineer and shall on terms and conditions as follows: 1) The City shall_ agree- to collect, computed by the be paid to th City of Petaluma prior for the benefit of the applicant, the to the connection of any sewer serv- to sewer mains the appropriate connection fees as pro- ice laterals any 'City. ll fees collect - vided in this Chapter and such ad. property of the shall be used only ditional fees as may be established ed hereunder.' construction, re- pursuant to the Authority of Ar. for the acquisition, and opera - ticle VI. of this Chapter. coiistr,uction, maintenance. sewage facilities 2) The applicant for reimburse- tioa of sanitation or to repay such fed - ment shall not be reimbursed for more than the. cost of the line, o f ti City and!or eral, state, county or other loans or nor shall he be reimbursed for advances made to the City for the to of San - any costs incurred within or at- tributable to his own property. Re. itary construction Cr sewage facilities and /or to pro - imbursements shall not apply to on- vide the funds by which costs In" installing site improvements to subdivisions be refunded to the person The nionevs or oganized'service districts. A sub- "a sewer main extension. the City for divider may be entitled to reim- collected hereunder by be bursement for off -site main exten- Sowa °e service charges shall sions located outside "the subdivision placed. in a sanitary maintenance fund or tract. The Director of Public in ii construction fund. which to be establish Pd. Works shall determine tract are off -site sewer main extensions. is hereby declared The moneys in this fund shall h- 3) The applicant ,for reimburse- ose,r, ^nfz For the n+!aposes as set ment shall be reimbursed by the City forth in this section." City Clerk he, and once yearly, without interest, Section 4. The directed to. publish this over a period of not more than ex ten. t y e arlier sh^ is h rehv Ordinance. for the period and in the . - ea iration o f p s es. manner required by the City Char they eimbursementseshall be made te 0rd - 1 published this 18th day o' to led and collected thereafter shall AYES1 COUNCILS4F.N BATT `.CLI \- belong to the City. -BRAINF.Rrl. C- AVAN JR 4) Such other reasonable terms LIN; ELLIS. GANS, AND 1L�POlI and conditions as the City may V' ^N BEBBER`. require" NOES: NONE. Section 2. Section 19.41, added' to Chapter 19 of the Petaluma City ABSENT: NONE. NORb1AN P. V. %N E1:111s'.' ` Code of 1958, by Ordinance 719 Mayor N:C.S., is hereby repealed. Attest Section 3. Chapter 19, Article VI, ;ALBERTA WOODS of the Petaluma City Code of 1958 De City Clerl: I hereby certify that the within ordinance was published in full once in the Petaluma Argus- Couri.e a daily paper of general circulation , published within th'e City of Petaluma, to -wit: May 21, 1964, and. that the said Petaluma Argus- Courier is the official newspaper of the City of Petaluma. I hereby certify that the whole number of members of the Council of the City of Petaluma is seven, and that-the foregoing ordinance was passed by the Council at its meeting of 25th day of May, 1964; by the following vote, to -wit: AYES: Councilmen Brainerd, Cavanagh, Jr., Colin, Gans, and Mayor Van Bebber. NOES: None. ABSENT: Councilmen Battaglia and Ellis ATTEST: xx City Clerk (SEAL) The foregoing Ordinance Number 727 New Charter _ having been regularly pas.sed,and presented to me this .25 day of May, 1964, is hereby approved by, me this 25th da,y. of. May, 1964`;: Effective Date J -uri;e, 25, 1964 7 . •• . • : Mayor.: , r 1 h�