For the purposes of this chapter the following words and phrases
shall have the meanings respectively ascribed to them by this section:
"Reimbursement agreement"
means a contract entered into between the city and any other
person, hereinafter called "contractor," providing for the construction
of sanitary sewer facilities by the contractor and for the collection
by the city of a fee or charge for the connection with such sanitary
sewer facilities by any other person and for reimbursement to the
contractor out of the proceeds of such charges.
"Reimbursement district"
means that territory which may benefit from utilization of
further or additional sewer facilities constructed or agreed to be
constructed at the expense of the county general fund, pursuant to
contracts entered into between subdividers and the county, in accordance
with Section 11543 of the
Business and Professions Code of the state.
The exterior boundaries of such reimbursement districts have
been heretofore or may be hereafter established and are or may be
reflected in reimbursement maps placed on file with the county and
with the city.
"Reimbursement fees"
means those charges, the imposition of which is authorized
by the provisions of the Subdivision Map Act of the state, imposed
on territory within reimbursement districts, to recoup the cost of
further and additional facilities constructed at the cost of the county.
Such fees are reflected on those reimbursement maps referred to in
this section.
"Reimbursement maps"
means those maps on file with the county and the city designating
the exterior boundaries of reimbursement districts and reflecting
the reimbursement fees chargeable to include territory as a condition
of utilization of the sewer facilities for which county funds were
expended.
(Prior code § 30-10)
Whenever a person has been required by the city to install off-site
sanitary sewer facilities as a condition precedent to the issuance
of a building permit, or as a condition precedent to the approval
of a tentative or final subdivision map, and such person has at his
own expense constructed such facilities in accordance with the requirements
of the city, and it is found by the city council that such facilities
will be for the benefit of or usable by other persons or properties
in the city, the city council may enter into a reimbursement agreement
with such person whereby the city will collect from any other person
using or connecting with such facilities within a period of ten years
from the dedication of such facilities to the city for public use,
a charge for making such connection. The amount of the charge made
shall be the amount set forth in such reimbursement agreement. No
such contract may be entered into unless the other contracting party
agrees thereby to dedicate the sanitary sewer facilities to the city
for public use.
(Prior code § 30-11)
Upon the execution of a reimbursement contract, there shall
be established a reimbursement district consisting of those properties
that the city council finds will be benefited by such facilities.
Charges shall be made only of those persons desiring to connect to
such sewer facilities with property lying in whole or in part within
such district. A map of such district shall be maintained in the office
of the city clerk for examination by the public. There shall be indicated
thereon the amounts or charges necessary to make connection with such
sewer facilities and a reference to the contract establishing such
charge.
(Prior code § 30-12)
After the execution of a reimbursement agreement and the filing
of the necessary reimbursement district map, no other person shall
connect to such sewer facilities indicated thereon without payment
of the charges provided for in such agreement. No sewer connection
permit shall be issued by any city or county department, officer or
employee until the city clerk has certified that the payment has been
made as required; provided, that no charge may be made unless and
until such facilities have been dedicated to the city for public use,
and that no such charge shall be made after ten years from the dedication
of such facilities to the city for public use have elapsed.
(Prior code § 30-13)
No permit shall be issued for the connection of property lying
within a reimbursement district to a public sewer until the applicant
shall have first paid to the county all reimbursement fees attributable
to the connecting property as indicated on the reimbursement map.
Reimbursement fees shall be paid to the county engineer and payments
so made shall become the property of the county in accordance with
the provisions of those contracts entered into pursuant to Section
11544 of the
Business and Professions Code of the state.
(Prior code § 30-14)
There is established a sewer reimbursement fund in the city
treasury and all charges made and received in accordance with such
reimbursement agreement shall be deposited in such fund to be transferred
semiannually to the contractor, together with a description of properties
for which the payments have been made.
(Prior code § 30-15)
Nothing in this chapter shall be construed as requiring the
city to enter into any reimbursement agreement even though it may
have required the installation of off-site sanitary facilities, nor
shall the city be liable for reimbursement of the cost of such facilities
except from the proceeds of such charges.
(Prior code § 30-16)