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ORDINANCE NO. 1873 N.C.S..
2 Introduced by Councilmember Seconded by Councilmember
3 Michael Davis Vice Mavor Woolse
4 AN ORDINANCE AMENDING TITLE 15 OF THE
5 MUNICIPAL CODE
6 RECOVERY OF INSTALLATION COSTS -PROCEDURE
OFF SITE WATER MAIN
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA as follows:
s Chapter 15.08 of the Municipal Code shall be revised to read as follows:
9 Section 1. "Section 15.08.160 Reimbursement for Watermain Extensions --
io Procedure.
~ 1 An applicant for a water main extension, who installs a water main extension of
12 benefit to properties other than that owned by the applicant, may be entitled to be
13 reimbursed for his costs incurred in an amount not to exceed the actual cost of the
~4 installation. The applicant desiring to be reimbursed shall petition the Council in writing for
15 an agreement whereby his costs may be reimbursed. The petition shall set forth in
~6 reasonable detail the reasons for the request for reimbursement, a statement of actual costs
1~ incurred, and such other matters as may be required by the Council.
is Section 2. "15.08.161 Reimbursement at Discretion of Council.
i9 The applicant desiring to be reimbursed for his cost incurred by reason of
20 installation of a water main extension to serve a subdivision to be constructed by the
21 applicant and the water main is or will be of benefit to properties outside the .subdivision,
22 may be reimbursed, at the discretion of the City Council, for his cost.
Page 1 of 4 pages Ord. 1873 NCS
~ Resolution of Intent At its discretion, the Council may adopt a resolution of intention to
2 provide for said reimbursement.
3 Term of Resolution of Intention Said intention to enter into the reimbursement agreement
4 shall become null and void on the 61st day after the date of notification to the applicant by
5 the City of the final acceptance of the off-site watermain public improvement, if the
6 applicant has not entered into the appropriate agreement.
~ Calculation If the Council approves the applicant's request for a reimbursement agreement,
s upon completion of the off-site water main, the applicant shall submit to the Director of
9 Engineering a statement of the actual costs incurred. The reimbursement shall be calculated
io as a front footage charge and shall be collected from those properties who will utilize the
t 1 water main extension constructed by the applicant. The reimbursement shall be collected by
t2 the City for the benefit of the applicant.
t3 Section 3. "15.08.162 Agreement -- Contents
t4 The reimbursement agreement, shall be approved by Council resolution, shall be executed
15 by the City and the applicant for reimbursement, and. shall contain the following
16 .information:
~~ A. The method by which the applicant shall be reimbursed; that is, collection of fees
1 s for the benefit of applicant;
~9 B. A statement as to the actual cost incurred for construction of the off-site water
20 main;
2t C. A notation that the reimbursement shall be made by means of collection of a front
22 footage charge from those properties connecting to the watermain installed by the
23 applicant.
Page 2 of 4 pages Ord. 1873 NCS
1 D. The payment schedule and term which shall be:
2 (1) Payment once yearly without interest over a period of not more than ten
3 years.
4 (2) At the expiration of ten years, or earlier as established by the agreement, no
5 further reimbursements shall be made to the applicant and all charges levied
6 and collected thereafter shall belong to the City;
7 E. A statement noting that the applicant for reimbursement shall not be reimbursed for
s more than the cost of the off-site waterline; nor, shall he be reimbursed for any
9 costs incurred within or attributable to his own property. Reimbursements shall not
1o apply to on-site improvements to subdivisions or organized service districts. A
~~ subdivider may be entitled to reimbursement for off-site main extensions located
12 outside the subdivision or tract. The Director of Engineering shall determine what
13 are off-site water main extensions;
i4 E. All water services shall be constructed at the sole cost of the applicant.
15 F. Such other reasonable terms and conditions as the City may from time to time
16 require. "
1~ Section 4.-The City Council finds that the requirements of California environmental Quality
is Act Guidelines Section 15083 have been satisfied and hereby incorporates by reference the
~9 Notice of Exemption.
20 Section 5.- The City Council hereby finds that:
21 1. The proposed amendments will not be detrimental to the public welfare or
22 safety, or injurious to property.
Page 3 of 4 pages Ord. 1873 NCS
1 2. The proposed amendment is in general conformity with the Petaluma
2 General Plan and is not in conflict with any policies or programs therein.
3 3. The public necessity, convenience and general welfare clearly permit the
4 adoption of the proposed amendments.
5 Section 6.- Pursuant to the provisions of the Petaluma Municipal Code and based upon the
6 evidence it has received and in accordance with the findings made, the City Council hereby
7 adopts amendments to said Code.
s Section 7.-If any section, subsection, sentence, clause or phrase of this chapter is for any
9 reason held to be invalid or unconstitutional by a decision of any court of competent
1o jurisdiction, such decision shall not affect the validity of the remaining portions of the
1 ~ chapter.
12 Section 8.-The City Clerk is hereby directed to publish this ordinance for the period and in
13 the manner required by the City Charter.
~4 INTRODUCED and ordered posted this 4th day of November, 1991.
~s ADOPTED this 18th day of November 1991, by the following votes:
16 AYES: Davis, Nelson, Vice Mayor Woolsey, Mayor Hilligoss
17 NOES: None
is ABSENT: Read, Cavanagh, Sobel
~9 M. Patricia Hilligoss, Mayor
20 ATTEST:
21 Patricia E. Bernard, City Clerk
22
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Page 4 of 4 pages
Ord. 1873 NCS