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HomeMy WebLinkAboutOrdinances - No. 1136ORDINANCE NO. 1136 AN ORDINANCE OF THE CITY OF LODI PROVIDING FOR EXTENSION OF WATER MAINS AND REIMBURSEMENT THEREOF WITHIN THE CITY OF LODI. The City Council of the City of Lodi does hereby o'rdain as follows: SECTION 1: W-ATER MAIN EXTENSION POLICY The City Council is desirous of adopting a water main extension policy that is fair and equitable to all developing proper- ties and that provides that the cost of extensions shall be distributed among subs e quently developing p r ope rtie s c onne c ting the re to. SECTION 2: WATER MAIN EXTENSION NECESSARY . . -- .- Whenever a property owner is desirous of obtaining water service, an application shall be made to the Public Works Director for water service. The Public Works Director shall determine the closest adequate water main and, if an extension is necessary, indicate the size of the main to be extended, and the limits of the extension. SECTION 3: APPLICANT'S OBLIGATION Whenever the Public Works Director determines that a water main extension is necessary, the applicant will be required to install at his own expense the water main extension in accordance with e'n&inie:erring plans furnished by applicant and approved by the Public Works Director. The plans shall be prepared in accordance with the current City of Lodi Design Standards and this ordinance. - 1- SECTION 4: PARCEL FRONTAGE EXTENSION OF WATER MAIN In every case where a water main is to be tapped to serve a parcel, the same shall be extended the full frontage of said parcel, including any crossings required in the City of Lodi Master Water Plan. SECTION 5: MINIMUM SIZE OF WATER MAINS The minimum size water main shall have a nominal inside diameter of six inches. In areas zoned or master planned for com- mercial and industrial uses, the minimum size shall be eight inches in diameter. Larger size mains may be required as determined by the Public Works Director from the City of Lodi Master Water Plan. SECTION 6: FIRE HYDRANTS TO BE INCLUDED The ins tallation of fire hydrants or provisions therefore shall be included in any main extension and the cost of such hydrants are to be paid for by the applicant. Fire hydrant location and type shall be as approved by the Fire Chief. SECTION 7: CITY OBLIGATION Section 7. 1 Oversize Watermains. Wherever the City of Lodi Master Water Plan requires that a water main larger than eight-inch diameter be installed, the City shall pay to the applicant the difference in costs of material between the actual water main to be constructed and an eight-inch diameter water main. The difference in costs of material shall be determined by the Public Works Director from bids received by the City for similar materials. Payment shall be made -L - at the time the water main reimbursement agreement is approved by the City Council. Section 7.2 Major Crossings Wherever the City of Lodi Master Water Plan requires that a watermain cross a right-of-way listed below, the City of Lodi will pay the applicant one-half the estimated cost of that c r 0s sing: Woodbridge Irrigation District Southern Pacific Transportation Company Central California Traction Company Highway 99 Highway 12 Lower Sacramento Road Hutchins Street (South of Kettleman Lane) The limits of the crossing and the estimated cost shall be determined by the Public Works Director. SECTION. 8:- REIMBURSEMENT Whenever an applicant for water main extension constructs or installs a water main that may serve abutting properties, the appli- cant may apply for a water main extension reimbursement agreement. The Public Works Director shall determine the extent to which the abutting properties may be served and recommend a water main exten- sion agreement to the City Council prior to construction of any water main. In cases where properties served in the future do not abut the water main included in a reimbursement agreement, an extension will be pe rmitted without reimbursement . -3- , SECTION 9: REIMBURSEMENT AGREEMENT The water main extension agreement shall contain the following: Ca) The amount of the reimbursable costs shall be deter- mined by the Public Works Director and subject to the approval of the City Council. Reimbursable costs shall include water main construc- tion costs plus an administrative and engineering cost of 10% of the construction cost. ings are not considered as reimbursable costs under the agreement. Water service lines serving individual properties shall not be included as a reimbursable cost. There shall be no reimbursement to the applicant in excess of reimbursable costs stated in the agreement. No interest, finance or security costs shall be included in the reimbursable cost. Reimbursement shall be paid from charges collected by the City from abutting properties as they connect to the new water main. Reimbursement shall be paid only from charges collected within ten years from the date of the agreement. shall have no obligation to pay reimbursement from any source other than reimbursement funds collected pur - Costs of major cross- The City suant to this ordinance. Charges collected from abutting -4- properties after ten years shall be retained by the City. (h) The charges collected for reimbursement shall be based upon the front footage parallel to the water main of the adjoining properties. An administrative costs of 2% of the total reimbursable cost shall be deducted from any monies paid to the City as payment for administering the reimbursement pro- visions of this ordinance. (i) (j) Reimbursement shall be payable to heirs, successors, and assigns of the applicant. City payment for major crossings shall be made to the applicant at the time of development (i. e., approval of subdivision or development agreement, building permit) (k) SECTION 10: CITY TO BENEFIT FROM REIMBURSEMENT Whenever the City has extended or installed a water main that will serve abutting properties, the City shall be eligible for reim- bursement in a like manner as other applicants. Wherever the City has installed a major crossing (or portion of one), the City shall be credited for the installation at the time adjacent property connects to the crossing. mined by the Public Works Director based on then current costs. The credit shall be deter- SECTION 11: PAYMENT FOR REIMBURSEMENT Wherever the City Council has approved a water main exten- sion reimbursement agreement, the front footage charges shall be -5- collected by the City from any parcel abutting the water main covered in the agreement. at the time of development and prior to water service being provided to the abutting parcel. SECTION 12: LETTER OF ENTITLEMENT When payment for reimbursement has been made, the Public Works Director shall prepare a letter of entitlement stating the fees collected, reference to the water main extension reimbursement agree- ment, the amount to be reimbursed, and the administrative charge to be retained by the City. Finance Director for actual reimbursement under terms of the agreement. This letter of entitlement shall be forwarded to the SECTION 13: UNCLAIMED REIMBURSEMENT The Finance Director shall mail the reimbursement to the last address on file with the Finance Director of the applicant in the water main reimbursement agreement. unclaimed after two years from the date of mailing will revert to the Any reimbursement returned or City's general fund. SECTION 14: EFFECTIVE DATE This ordinance shall apply to all properties developed after August 1, 1972. Reimbursable costs shall be collected and reimbursed for any water mains accepted for maintenance after that date as outlined in this ordinance. Provided, however, that property covered by tenta- tive maps or use permits approved by the Planning Commission prior to August 1, 1972 and developed within 18 months of said approval date by -6- the Planning Commission shall not be required to pay reimbursement charges. SECTION 15: REPEALING ORDINANCE NO. 1012 Ordinance No. 10 12 of the City of Lodi entitled "An Ordinance of the City of Lodi Providing for Extension of Water Mains and Reimbursement Thereof Within the City of Lodi" is hereby repealed as of the effective date of this Ordinance. SECTION 16: PUBLICATION This ordinance shall be published one time in the "Lodi News Sentinel", a daily newspaper of general circulation printed and published in the City of Lodi and shall be in force and take effect thirty days from and after its passage and approval. Approved this 15th day of February 1978 WALTER J. KATNICH MAYOR Attest: ALICE M.' REII6lCHE City Clerk State of California County of San Joaquin, ss. I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1136 was introduced at a regular meeting of the City Council of the City of Lodi held February 1, 1978 and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held February 15, 1978 by the following vote: -7- Ayes : Councilmen - Ehrhardt, Hughes, Katzakian, Pinkerton and Katnich Noes: Councilmen - None Absent:Councilmen - None I further certify that Ordinance No. 1136 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. CITY CLERK -8-