HomeMy WebLinkAboutOrd. No. 1965-427~ ~ `~ '.
ORDINANCE N0, 427 ~
AN ORDINANCE OF THE CITY OF ELSINORE, CALIFORNIA
- ESTABLISHING A REIMBURSEMENT PROGRAM IN CONNECTION
WITH THE CONSTRUCTION OF WATER AND SEWER LINES; AND
• DECLARFNG THFS ORDINANCE TO BE AN EMERGENCY MEASURE
The Playor and City Council of the CiTy of Elsinore do ordain as follows:
Section l: Policy Statement and Declaration of Intent.
The City of Elsinore, California, finds that the installation of water and
~~ sewer lines benefits the City as a whole, and it is, therefore, the intention
of the City Council of said City to encourage and aid in the construction of
_ said facilities through the establishment of a reimbursernent program. The
City of .Elsinore desires to enter into a reimbursement program with a party or
parties who has filed an~application for said program and who has constructed water
or sewer lines that directly benefit certain other land or areas other than
that owned':or controlled by the applicant in the event of the future connections
of said land or areas, it being .understood that all water or sewer line construction
shall comply vaith the provisions herein contained and all rules and regulations
of the City of Elsinore fora person or persons to be eligiable fora reimbursement
program. •
Section 2: t)efinitions.
(1) "Direct Connection" means the connection to a water or sewer
line to the reimbursement line which does not require the extension of the
reimbursement line.
(2) "Indirect Connection" means the connection to the reimbursement
line which requires an extensions of the reimbursement line.
(3) " fnstaller" means a person or persons .who has City approval to
install a re:ivmbursable water or sewer line.
(4): "Reimbursement Fee" means the fee established as being the_
pro rata amount for 't he various parcels benefited to pay upon connection.
(5) "Reimbursement Service Area" means the area prescribedby the
engineer which is reasonably expected to require the use of-the reimbursement
water .or sewer installation within a period of ten (10) years.
(6) "Reimbursement Water or Sewer Line" is a public water or-sewer line
installed by •a private-person or-persons for the purpose of serving his property
or development and which, because of geographical ahd engineering considerations,
can serve a larger area than that which is being initially'developed-by the
person or persons-.installing it.
(7) ''Reimbursement'Cost'! means the expenses-incurred by the installer
in the construction of the vaster or sewer line, including costs 'of pipelines,
sewer lines, valves, fittings, connections, structures, excavation, compacting,
resurfacing, inspections, eng'ineering, rights of way, and legal costs.
Section 3: Application of Insta ller.
A person or persons, to be entitled to reimbursement, shall file an application
to construct a reimbursable water or sewer line i.ihich shall be in the form
approved by.the City Engineer and shall include:
(l) Aplan showing engineering details of proposed construction.
~TI' (2) A map outlining the proposed reimbursement service area and
containing all parcel with dimensions, within said service area.
(3) Such other information as may be required by the City Engineer.
Section 4: Approval of Application and Comp lance with City Regulations:
If the City Engineer approves the plans and determines that the proposed water
or sewer Dine will provide service to properties other-than those Awned and
.controlled by the applicant, the applicant becomes-eligible for a.reimbursement
program if lye-completes the construction i'n aocordance ~:aith this ordinance
and in accordance with the di rections.of the City Engineer. Al;l Water lines or.
sewer lines shall,. upon completion, become the property of the City of Elsinore,
California, The installer shall comply with all ordinances and all rules and
regulations of- said City.
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Section 5: Pracudure for Establishing Reimbursement Fees.
The installer-shall file a verified construction costs breakdown with the City
Engineer which will be used to calculate the pro rata amounts-for the various
benefited parcels to pay upon connection"with the reimbursement line. If and
when a connection is made to a reimbursement line, the person or persons
connecting shall pay a reimbw-sement fee. These reimbursements fees shall be
deposited with. the City Treasurer of the City of Elsinore to be refunded to the
installer under the ,provisions of this ordinance. Upon the recommendation of
the City Engineer, the City Council may fix the reimbursement fees on a connection
basis, an acreage basis, a parcel basis, a front foot basis., or upon such basis
as to the City Council may appear to be fair and equitable.
.Section 6: Application of Reimbursement Provision only to .Those
Complying. This water and sewer reimbursement program applies only to wn
installer who constructs water or'sevaer lines that vail,l provide service or will
benefit property other than that owned or controlled by the installer.. The
installer shall furnish to the City Engineer withiri fifteen (15) days after
said lines have been. completely installed all of the inforrnation necessary to
fix reimbursement costs and reimbursement fees..
Section 7: Waiver.
Any person or persons who fails to comply with the provisions of this
ordinance waives all rights under this reimbursement program.
Section 8: Type of Pipe, Size, Material"and Other Installation
Requirements. Any evater or sewer line must be of such i;ype and have such
diameter as may be required by the City Engineer and Shall be installed"as
directed by the City Engineer,
Section g: Recovery of Reimbursement Fees by Installer.
When the reimbursement value and the reimbursement fees are fixed, the City Engineer
shall post these tabulations on the .map as provided under Section 3, Subsection
(7_). Upon application of a person or persons in a reimbursement service area for
a water_or sewer connection, the City of Elsinore shall collect the fees as r -~
posted on the ,map on file at the"City Hall.. Nothing contained herein shall I
be construed as limiting the City of Elsinore from requiring;an additional ~
fee fora connection to a water or sewer line.. Funds collected by the City
of Elsinore under the reimbursement fee program shall be placed in a special.
segregated account for each reimbursable line .with proper identification. On
July lst of each year, or as soon thereafter as may be practical, the City
shall audit each account and shall return to the installer upon his written
request any accumulated funds collected from the other connectors. Each
accountlshall show the maximum recovery of the installer. lJh"en,this amount
is collected and paid, or when ten (10) years elapses firom the date that the
reimbuusable line has been installed, whichever, occurs first, all payments
to the installer shall cease and all monies collected after this time shall
be ,deposited in the water or sewer ,:fund. of the City of Elsinore and-shall be
the property of said City.
Section 10: ~~ortionment_of Reimbursement ldhen More Than One Installer:
(a) Where there is a.connection to a reimbursement line and the line
has been installed under more than one reimbursement proceeding, the reimbursement
fee co}lected for connections to- the line shall be credited to each downstream
installer in an amount proportional to the maximum amount of recovery ca~l,culated
to be due each downstream installer.
(b) The City shall determine the portion of the reimbursement fee
to be allocated to each downstream installer as follows: the maximum amount
of his recovery shall be divided by .the total maximum amount of recovery due
all downstream installers. The percentage :arrived at is the percentage of the
reimbursement fee due that downstream installer.
(c} The City shall prepare a tabulation for each downstream installer
showing the amount and the percentage of each reimbursement fee to be shared
with each of the other downstream installers.
(d) When an installerlreceives the maximum amount of recovery for
his installation, the City shall fix a new sha"ring percentage based on the
remaining balances for the ~Llrpos~ of determining allocation of reimbursement
"fees to each of the remaining installers.
Section 11: Partial Use by an Extension of Common Water or
Sewer Line. Where an extension do the common facility is made which does
not use the entire length of an installer's downstream water or sewer line,
the maximum amount of recovery of the"installer for purposes of calculating
the percentage.of a reimbursement charge to be shared shall be based on only
that portion of the downstream lihe actually jointly used.
Section 12: Payment of Reimbursement Fee a Condition to Connection.
No person may connect to a reimbursement line installed under the provisions of
this program unless he pays the reimbursement fee.
Section 13: Cite Not Liable. The City is not:leable to any
person or persons. for failure to collect reimbursement fees under this
ordinance; or for failure to account for funds. collected. under same.
Section 14: Recalculation of Reimbursement Values. If at any time
the engineer finds that anticipated development used. to establish reimbursement
values is deviatingfrom the calculations, he may recalculate new values.
Hovaever, the City shall not make any adjustment for prior:collections.
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Section 15: Appeal of City Engineer's Determinations.
If a person. is dissatisfied with any determination of the City Engineer relating
to reimbursement cost, reimbursement fees, or reimbursement service area, the
person may appeal the determination _to the City Councia within fi#teen (15)
days after receiving notice of the determination, by fi-ling written notice of
appeal with the City. The appeal shall state the grounds far appeal. At a
regular meeting of the City Council after the appeal is filed, the Council
shall hear the appeal, .The decision of the-Council is final.
Section 16: Effect of Ordinance. This ordinance does not create
any right., title or interest in any property. The Council may change or
repeal this ordinance or any portion thereof at any time. No property right
becomes vested by operation of this ordinance and the City is not liable
for any chanae or repeal of any portion of this ordinance.
_ Section 17: Termination of Reimbursement Program. The reimbursement
program as herein set forth shall terminate ten (10) years from the date that
each reimbursable water or seeder line is installed unless sooner terminated
by payment as herein provided.
Section 18: This ordinance is an emergency measure designed for the
protection of the public peace, health and general welfare, and shall take
effect immediately upon its adoption. The facts giving rise to such an emergency
are as follows:. The City has-recently installed water lines, both mineral and
domestic water lines, within the City and various property ommers desire. to extend
said main lines to •t heir property, and the City desires to es#ablish a reimbursement
program, and the enactment of this ordinance is necessary in order for said
property owners to proceed in the installation of the lines to their property at the
earliest possible date.
Section 19: The City Clerk is hereby ordered and directed to certify
to the passage of this ordinance and to cause the same to be publ-fished in the
manner provided by law.
ADOPTED by the Mayor and City Council and signed by the Mayor and
attested to by the City, Clerk this 26th day of April; 1965.
s/ Thomas C, Bartlett
- Mayor of the City of Elsinore
ATTEST:
s/ Florene Marshall
City Cler!< of the City of Elsinore