It is the purpose of this chapter to allow a reimbursement connection
fee at the time of connection when the sewer service has been made
available by a private developer prior to the time that the City would
have been able to make the sewer service available. The purpose of
the reimbursement connection fee is to reimburse the person privately
constructing the sewer main which is dedicated to the public and offered
to the City.
(Ord. 2002-05)
A.
The
City and the developer may enter into a reimbursement agreement in
which the developer agrees to dedicate the sewer main to the public
and offer the main to the City.
B.
Upon
acceptance of the sewer main by the City in accordance with Section
4742.3 of the Health and Safety Code, the City shall adopt an ordinance
imposing a reimbursement connection fee for connections to that sewer
main. The reimbursement connection fee shall be determined by the
City Engineer and City's administrative manual and shall provide funds
to reimburse the developer for costs of the main which benefit other
property owners which connect to the main. The reimbursement connection
fee shall include a six percent per annum simple interest charge to
partially compensate developer for his/her financing costs. The developer
shall not be reimbursed for his/her fair share of the project costs
(that portion of the improvement costs that directly benefits his
or her development). The City shall return the collected reimbursement
connection fees to the developer, less administration fees and any
other costs or fees, in accordance with the terms of the reimbursement
agreement.
(Ord. 2002-05)
The period over which special connection fees are collected
shall be 20 years.
(Ord. 2002-05)
When a sewer main extension has been installed and a reimbursement
agreement amount has been approved by the City Council, any benefiting
property owner, prior to connection to the sewer main, who has not
either him or herself or through his or her predecessor in interest
contributed toward the cost of such installation, shall pay to the
City, in addition to any sewer connection fees required by this Code
or any other ordinance of the City, the reimbursement connection fee
for such sewer main extension, at the rate provided for by ordinance
of the City Council.
The following sewer reimbursement ordinances have been approved
by the City Council. (Note: All references to "District" or "Cardiff
Sanitation District" mean City or City of Encinitas.)
(Ord. 2002-05)
In addition to any other fees for connections to sewer lines
within the District, there is established a reimbursement connection
fee of $7,750.00 plus six percent annual simple interest upon the
effective date of Ordinance No. 92-01 (December 10, 1992), adopted
by the board of the District for premises connecting directly to the
sewer line (CS079) as shown on plan attached as Exhibit A to the "Reimbursement
Agreement Between William J. Ackerman and the Cardiff Sanitation District,"
on file in the Office of the District Clerk. The agreement states
that the District retains an administrative fee which is five percent
of the gross reimbursement connection fee. This agreement expires
on December 10, 2002.
(Ord. 92-01)
In addition to any other fees for connections to sewer lines
within the District, there is established a reimbursement connection
fee of $1,330.00 plus six percent annual simple interest computed
from the effective date of Ordinance No. 89-03 (April 6, 1989), for
premises connecting directly to the sewer line (PC1971) as shown on
plan attached as Exhibit A to the "Reimbursement Agreement Between
Philip Boczanowski and the Cardiff Sanitation District," on file in
the Office of the District Clerk. This agreement expires on April
6, 1999.
(Ord. 89-03)
In addition to any other fees for connections to sewer lines
within the District, there is established a reimbursement connection
fee of $7,112.71 plus six percent annual simple interest computed
from the effective date of Ordinance No. 96-01 (March 29, 1996), until
paid for equivalent dwelling units connecting directly to the sewer
facility known as CS183 located in Fortuna Ranch Road, generally west
of Rancho Summit Drive and east of Akita Lane in Olivenhain, as more
fully set forth in the agreement filed in the Office of the District
Clerk. This section shall have no further effect on and after 20 years
from the effective date of Cardiff sanitation district Ordinance No.
96-01. The agreement states that the District retains an administrative
fee which is five percent of the gross reimbursement connection fee.
This agreement expires on March 29, 2016.
(Ord. 96-01)
In addition to any other fees for connections to sewer lines
within the District, there is established a reimbursement connection
fee of $16,723.56 plus six percent annual simple interest computed
from the effective date of Ordinance No. 96-02 (January 17, 1997),
until paid for equivalent dwelling units connecting individual lateral(s)
directly to the sewer facility known as CS121 running easterly in
Fortuna Ranch Road, thence northerly and thence easterly in Bukamada
Lane in Olivenhain, as more fully set forth in the agreement filed
in the Office of the District Clerk. This section shall have no further
effect on and after 20 years from the effective date of Cardiff Sanitation
District Ordinance No. 96-02. The agreement states that the District
retains an administrative fee which is five percent of the gross reimbursement
connection fee. This agreement expires on January 17, 2017.
(Ord. 96-02)
In addition to any other fees for connections to a public sewer
main within the Division, there is established a reimbursement fee
of $46,086.71 plus six percent annual simple interest computed from
the effective date of this Ordinance 2003-01 for each parcel which
connects its lateral directly to the sewer main known as CS271 located
in the vicinity of Bumann Road in Encinitas, as more fully set forth
in the Notice of Competition CCE99D filed in the Office of the City
Clerk. This section shall have no further effect on and after 20 years
from the effective date of City of Encinitas Ordinance 2003-01, or
until such time as the reimbursement agreement expires, whichever
is sooner.
(Ord. 2003-01)
In addition to any other fees for connections to sewer lines
within the District, there is established a reimbursement connection
fee of $1,240.00 per primary benefiting acre and $620.00 for each
secondary benefiting acre that flows directly or indirectly through
the sewer line (PC1846) plus six percent annual simple interest for
premises connecting directly or indirectly to the sewer line as shown
on plan attached as Exhibit "A" to the "Reimbursement Agreement Between
Du Vizier Company and the Cardiff Sanitation District," on file in
the Office of the District Clerk. This agreement expires on January
16, 2007.
(Ord. 86-58)
In addition to any other fees for connections to sewer lines
within the District, there is established a reimbursement fee of $11,140.01
plus six percent annual simple interest computed from the effective
date of Ordinance No. 98-03 (July 24, 1998) until paid for equivalent
dwelling units connecting directly to the sewer facility known as
CS193 located in Sereno View Lane, generally south of 9th Street and
west of Rancho Santa Fe Road in Olivenhain, as more fully set forth
in the agreement filed in the Office of the District Clerk. This section
shall have no further effect on and after 10 years from the effective
date of Cardiff Sanitation District Ordinance No. 98-03. This agreement
expires on July 24, 2008.
(Ord. 98-03)
In addition to any other fees for connections to sewer lines
within the Division, there is established a reimbursement fee of $11,140.01
plus six percent annual simple interest computed from the effective
date of Ordinance No. 98-03 (August 14, 1998) until paid for equivalent
dwelling units connecting directly to the sewer facility known as
SC193 located in Sereno View Lane, generally south of 9th Street and
west of Rancho Santa Fe Road in Olivenhain, as more fully set forth
in the agreement filed in the Office of the Division Clerk. This section
shall have no further effect on and after 10 years from the effective
date of City of Encinitas Ordinance 2008-18.
(Ord. 2008-18)
In addition to any other fees for connections to sewer lines
within the District, there is established a reimbursement connection
fee of $2,264.16 plus six percent annual simple interest upon the
effective date of Ordinance No. 91-04 (October 10, 1991), adopted
by the Board of the District for premises connecting directly to the
sewer line (PC1989) as shown on plan attached as Exhibit A to the
"Reimbursement Agreement between Michael J. Mahon and the Cardiff
Sanitation District," on file in the Office of the District Clerk.
The agreement states that the District retains an administrative fee
which is five percent of the gross reimbursement connection fee. This
agreement expires on October 10, 2001.
(Ord. 91-04)
In addition to any other fees for connections to sewer lines
within the District, there is established a reimbursement fee of $9,466.05
plus six percent annual simple interest computed from the effective
date of Ordinance No. 99-01 (July 30, 1999) until paid for equivalent
dwelling units connecting directly to the sewer facility known as
CS073 located in Cole Ranch Road, generally south of Lone Jack Road
in Olivenhain, as more fully set forth in the agreement filed in the
Office of the District Clerk. This section shall have no further effect
on and after 20 years from the effective date of Cardiff Sanitation
District Ordinance No. 99-01. This agreement expires on July 30, 2019.
(Ord. 99-01)
In addition to any other fees for connections to sewer lines
within the District, there is established a reimbursement connection
fee of $1,900.00 plus six percent annual simple interest computed
from the effective date of Ordinance No. 89-02 (April 6, 1989), for
premises connecting directly to the sewer line (PC1814) as shown on
plan attached as Exhibit A to the "Reimbursement Agreement Between
Patrick O'Connor and the Cardiff Sanitation District," on file in
the Office of the District Clerk. This agreement expires on April
6, 1999.
(Ord. 89-02)
In addition to any other fees for connections to sewer lines
within the District, there is established a reimbursement connection
fee of $4,012.00 plus six percent annual simple interest computed
from the effective date of Ordinance No. 93-01 (July 9, 1993), for
premises connecting directly to the sewer line (PC1889, PC1906) as
shown on plan attached as Exhibit A to the "Reimbursement Agreement,"
on file in the Office of the District Clerk. The agreement states
that the District retains an administrative fee which is five percent
of the gross reimbursement connection fee. This agreement expires
on July 9, 2003.
(Ord. 93-01)
In addition to any other fees for connections to sewer lines
within the District, there is established a reimbursement connection
fee of $3,966.00 plus six percent annual simple interest computed
from the effective date of Ordinance No. 93-06 (February 11, 1994),
until paid for equivalent dwelling units connecting directly to the
sewer facility know as CS025 running South in Rancho Santa Fe Road,
thence westerly in Whisper Wind Drive in Olivenhain, as more fully
set forth in the agreement filed in the Office of the District Clerk.
This section shall have no further effect on and after 20 years from
the effective date of Cardiff Sanitation District Ordinance No. 93-06
(this agreement expires on February 12, 2014). The agreement states
that the District retains an administrative fee which is five percent
of the gross reimbursement connection fee.
(Ord. 93-06)
In addition to any other fees for connections to sewer lines
within the Division, there is established a reimbursement fee of $51,873.30
plus six percent annual simple interest computed from the effective
date of Ordinance No. 2004-01 until paid for equivalent dwelling units
connecting directly to the sewer facility known as CS400 located in
the vicinity of Fortuna Ranch Road and Akita Lane in Olivenhain, as
more fully set forth in the agreement filed in the Office of the Division
Clerk. This section shall have no further effect on and after 20 years
from the effective date of City of Encinitas Ordinance 2004-01.
(Ord. 2004-01)
In addition to any other fees for connections to sewer lines
within the Division, there is established a reimbursement fee of $32,014.50
plus six percent annual simple interest computed from the effective
date of Ordinance No. 2008-17 until paid for equivalent dwelling units
connecting directly to the sewer facility known as CS502 located in
the vicinity of west side of Rancho Santa Fe Road in between Woodwind
Drive and Encinitas Boulevard in Olivenhain, as more fully set forth
in the agreement filed in the Office of the Division Clerk. This section
shall have no further effect on and after 20 years from the effective
date of City of Encinitas Ordinance 2008-17.
(Ord. 2008-17)
In addition to any other fees for connections to sewer lines
within the District, there is established a reimbursement connection
fee of $2,460.00 plus six percent annual simple interest computed
from August 4, 1983 until paid for equivalent dwelling units connecting
directly to the sewer facility known as PC1614 running north in Cole
Ranch Road thence westerly in Ninth Street in Olivenhain, as more
fully set forth in the agreement filed in the Office of the District
Clerk. This section shall have no further effect on and after August
4, 2003. The agreement states that the District retains an administrative
fee which is five percent of the gross reimbursement connection fee.
(Ord. 93-04)
In addition to any other fees for connections to sewer lines
within the District, there is established a reimbursement connection
fee of $4,316.00 plus six percent annual simple interest computed
from the effective date of Ordinance No. 93-03 (November 12, 1993),
until paid for equivalent dwelling units connecting directly to the
sewer facility known as CS108 running West in Ninth Street, thence
northwesterly in Sereno View Road in Olivenhain, as more fully set
forth in the agreement filed in the Office of the District Clerk.
This section shall have no further effect on and after 10 years from
the effective date of Cardiff Sanitation District Ordinance No. 93-03
(this agreement expires on November 12, 2003). The agreement states
that District retains an administrative fee which is five percent
of the gross reimbursement connection fee.
(Ord. 93-03)
In addition to any other fees for connections to sewer lines
within the Division, there is established a reimbursement fee of $10,624.50
plus six percent annual simple interest computed from the effective
date of Ordinance 2003-02 until paid for equivalent dwelling units
connecting directly to the sewer facility known as CS267 located in
the vicinity of 5th Street and Rancho Santa Fe Road in Olivenhain,
as more fully set forth in the agreement filed in the Office of the
Division Clerk. This section shall have no further effect on and after
20 years from the effective date of City of Encinitas Ordinance No.
2003-02.
(Ord. 2003-02)
In addition to any other fees for connections to sewer lines
within the Division, there is established a reimbursement fee of $10,861.36
plus six percent annual simple interest computed from the effective
date of Ordinance No. 2005-13 until paid for equivalent dwelling units
connecting directly to the sewer facility known as CS403 located in
the vicinity of Copper Crest Road in Olivenhain, as more fully set
forth in the agreement filed in the Office of the Division Clerk.
This section shall have no further effect on and after 20 years from
the effective date of City of Encinitas Ordinance No. 2005-13.
(Ord. 2005-13)
In addition to any other fees for connections to sewer lines
within the Division, there is established a reimbursement fee of $21,504
plus six percent annual simple interest computed from the effective
date of Ordinance No. 2006-03 until paid for equivalent dwelling units
connecting directly to the sewer facility known as CS303 located in
the vicinity of Copper Crest Road in Olivenhain, as more fully set
forth in the agreement filed in the Office of the Division Clerk.
This section shall have no further effect on and after 20 years from
the effective date of City of Encinitas Ordinance No 2006-03.
(Ord. 2006-03)
