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HomeMy WebLinkAboutOrdinances - No. 1012.. I id I >L DRAFT 7/27/73 ORDINANCE NO. /~/2, AN ORDINANCE OF THE CITY OF LODI PROVIDING FOR EXTENSION OF WATER MAINS AND REIMBURSEMENT THEREOF WITHIN THE CIN OF LODI The City Council of the City of Lodi does hereby ordain as follows: SECTION 1: WATER MAIN EXTENSION POLICY 'The City Council is desirous of adopting a water main extension policy that is fair and equitable to all developing properties and that provides that the cost of extensions shal I be distributed among subsequently developing properties connecting thereto. SECTION 2: WATER MAIN EXTENSION NECESSARY Whenever a property owner is desirous of obtaining water service where no adequate water main exists, an application shall be made to the Public Works Director for water sew ice. The- Public Works Director shall determine the closest adequate water main, 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 engineering plans furnished by applicant and approved by the Public Works Director, The plans shall be prepared in accordance with the City water design standards and this ordinance. SECTION 4: PARCEL FRONTAGE EXTENSION OF WATER MAIN In every case where a water main is to be extended to serve a parcel, the same shall extend the full frontage of said parcel. SECTION 5: MINIMUM SIZE OF WATER MAINS __c- The minimum size water main shall have a nominal inside diameter of six inches. In areas zoned or master planned for commercial and industrial uses, the minimum 7/27/73 size shall be eight inches in diameter. determined by the Public Works Director from the City of Lodi Master Water Plan. Larger size mains may be required as SECTION 6: FIRE HYDRANTS TO BE INCLUDED The installation 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: CIlY OBLIGATION Whenever the Public Works Director determines that a water main larger than b eight-inch diameter is required, 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. by the Public Works Director from bids received by the City for similar materials. The difference in costs of material shall be .detemined Payment shall be made at the time the water main reimbursement agreement is approved by the City Council. SECTION 8: REIMBURSEMENT Whenever an applicant for water main extension constructs or installs a water main that may serve abutting properties, the applicant 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 extension agreement to the City Council pridr to construction of any water main. In cases where properties served in the future do not abutt the water main included in CI reimbursement agreement, an extension will be permitted without reimbursement. SECTION 9: REIMBURSEMENT AGREEMENT The water main extension agreement shall contain the following: (a) The amount of the reimbursable costs shall be determined by the Public Works Director and subject to the approval of the City Council. (b) Reimbursable costs shall include water main construction costs plus an admin- istrative and engineering cost of 10% of the construction cost. -2- VIVw- I 7/27/73 Water service ines 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 +en years from the date of the agreement. pay reimbursement from any source other than reimbursement funds collected pursuant to this ordinance. after ten years shall be retained by the City. The charges collected for reimbursement shall be based upon the front footage parallel to the water main of the adjoining properties. An administrative cost of 2% of the total reimbursable cost shall be deducted from any monies paid to the City as payment for administering the reimbursement provisions of this ordinance. Reimbursement shall be payable to heirs, successors, and assigns of the applicant. The City shall have nq obligation to Charges collected from abutting properties SECTION 10: CITY TO BENEFIT FROM REIMBURSEMENT 1-c- Whenever the City has extended or installed a water main that will serve abutting properties, the Ciiy shall be eligible for reimbursement in a like manner as other applicants. SECT1 ON 11: PAYMENT FOR REIMBURSEMENT Wherever the City Council has approved a wafer main extension reimbursement agreement, the front footage charges shall be 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. , -3- YIml I 7/27/73 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 agreement, the amount to be reimbursed, and the administrative charge to be retained by the City. This letter of entii shall be forwarded to the Finance Director for actual reimbursement under the agreement. SECTION 13: UNCLAIMED REIMBURSEMENT ement terms of 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 agree- ment. mailing will revert to the Cityrs general fund. SECTION 14: EFFECTIVE DATE Any reimbursement returned or unclaimed after two years from the date of cI_ The effective date of this ordinance shall be 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 tentative maps or use permits approved by the Planning Commission prior to August 1, 1972 and developed within 18 months of said approval date by the Planning Commission shall not be required to pay reimbursement charges. -4- 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 reim- bursement agreement. years fromthe date of mailing will revert to the City's general fund. Any reimbursement returned or unclaimed after two 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 tentative maps or use permits approved by the Planning Commission prior to August 1, 1972 and developed within 18 months of said approval date by the Planning Commission shall not be required to pay reimbursement charges. SECTION 13: PUBLICATION This ordinance shall be published one time in the "Lodi News-Sentinel, I' 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 August, 1973 RICHARD L. HUGHES Mayor Attest: Bessie.L. Bennett City Clerk -5- f State of California /’ County of San Joaquin, ss. I, Bessie L. Bennett, City Clerk of the City of Lodi and ex officio Clerk of the City Council of said city, do hereby certify that Ordinance No. 1012 was introduced at a regular meeting of the City Council held August 1, 1973 and was thereafter passed, adopted and ordered to print at a regular .meeting held August 15, 1973 by the following vote: Ayes: Councilmen - EHRHARDT, KATNICH, PINKERTON, SCHAFFER and HUGHES Noes: Councilmen - None Absent: Councilmen - None I further certify that Ordinance No. 1012 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Bessie L. Bennett City Clerk -6-