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HomeMy WebLinkAboutNS-1497REL/fm 7/2/79 ORDINANCE NO. NS-1497 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 39-53 OF THE SANTA ANA MUNICIPAL CODE AND ADDING SECTION 39-54 THERETO TO ESTABLISH NEW SEWER CONNECTION REQUIREMENTS AND ADDING ARTICLE VI TO CHAPTER 13, TO ESTABLISH A SEWER CONNECTION FEE FUND. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 39-53 of the Santa Aha Municipal Code, is hereby amended to read as follows: Sec. 39-53 Connection permit required; determination of fee. (a) Except as provided in subsection (b) hereinbelow, no person shall make any sewer connection unless a permit therefor shall have been applied for and issued by the Director of Public Works. No permit for such connection shall be issued by the Director of Public Works as provided in this section unless the application therefor is accompanied by the payment of a fee to the city in an amount which the Director of Public Works shall determine to be said applicant's proportionate share of the cost of construction of such public sewer, as prescribed in subsection (c). (b) Whenever a main sewer line is replaced by a new line, the laterals connected to the former line shall be connected to the new line as part of the installation thereof. In such event no permit shall be required from the owner or occupant of any existing premises thus reconnected. (c) The sewer connection fee for the applicant's proportionate share of the cost of public sewer construction shall be computed on the following basis: (1) Except as provided in subparagraph (2) below, the fee shall be an amount equal to the assessment per fixture unit, multiplied by the net increase in fixture units on the parcel or parcels for which sewer connection application is made, over the total fixture units previously serviced by any sewer line to which such parcel or parcels were connected. The number of fixture units assigned to each plumbing fixture shall be as provided in the Plumbing Code of the City of Santa Ana. (2) In the case of a sewer connection application for a parcel or parcels not previously connected to a public sewer, the fee for the first occupancy unit benefited by the connection shall be seventy five percent (75%) of the standard cost of construction of a main sewer line for a distance equal to the lineal frontage of the parcel or parcels along the street in which the sewer line is located. In the event that more than one occupancy unit is to be connected, the applicant may designate which unit thereof shall be deemed the first occupancy unit for purposes of this section. The fee for the remaining occupancy units shall be as provided in subparagraph (1) hereinabove. ORDINANCE NO. NS- 1497 PAGE TWO (3) In all cases of sewer connection application for the servicing of a commercial laundry or restaurant, including any first occupancy unit under subparagraph (b), a fee in the amount of the standard cost per fixture unit multiplied by thirty (30) fixture units per clothes-washing or dish-washing machine shall be assessed in addition to other fee assessments pursuant to subparagraphs (1) and (2) hereinabove. (4) The City Council, shall, from time to time, establish by resolution the current assessment per fixture unit and the current standard cost per lineal foot of construction of a main sewer line, and the sewer connection application fees resulting therefrom in accordance with this section. (5) Ail fees collected shall be deposited into the Sewer Connection Fee Fund pursuant to Article VI of Chapter 13. SECTION 2: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 39-54, which said section reads as follows: Sec. 39-54. Development conditioned upon sewer line construction. The Director of Public Works shall review building permit applications for the purpose of determining whether the proposed development would result in an overload of existing sewer line capacity. No building permit which would result in such overload shall be approved unless a sewer line of sufficient capacity be first constructed or unless the City and the applicant enter into an agreement for its subsequent construction. In determining the necessary sewer line capacity the Director of Public Works shall take into account the anticipated future development of all parcels that use or will use the sewer line to be constructed. The City may enter into an agreement with any person constructing a sewer line pursuant to this section by which such person, or his successor-in-interest, shall be reimbursed for costs of construction of a sewer line, to the extent they exceed such person's own sewer connection fees due under section 39-53, solely from revenues in the Sewer Connection Fee Fund established by Article VI of Chapter 13 of this Code. Any such agreement may provide that any fee that would otherwise be due pursuant to section 39-53 from the contracting party shall be a credit on the contracting party's right to receive reimbursement, in which case no payment of the fee to the City shall be required from the contracting party. SECTION 3: That the Santa Ana Municipal Code, is hereby amended by adding an Article, to be numbered VI, consisting of sections numbered 13-50 through 13-55, which said Article reads as follows: ARTICLE VI. SEWER CONNECTION FEE FUND Sec. 13-50. Creation of Sewer Connection Fee Fund. There is hereby created and established the Sewer Connection Fee Fund. Sec. 13-51. Deposit of moneys. Ail moneys received by the City.as a fee for connection to the public sewers, pursuant to Section 39-53 of this Code, shall be deposited into the Sewer Connection Fee Fund. ORDINANCE NO. NS- 1497 PAGE T~REE Sec. 13-52. Expenditure of moneys Except as provided in Section 13-54, moneys in the Sewer Connection Fee Fund may be expended for, and only for, the purpose of reimbursing persons, or their successors-in- interest, for all costs incurred by them in paying for the construction of sewers, in such manner and in such amount as is provided by contract between such person and the City of Santa Ana pursuant to Section 39-54 of this Code. Sec. 13-53. Order of reimbursement Parties contracting for reimbursement for sewer construction cost, or their successors-in-interest, shall be entitled to receive payment as moneys accrue in the Sewer Connection Fee Fund until fully reimbursed, in the chronological order of the dates of execution of their respective contracts, except to the extent any such contract may provide for proportional, subordinate or deferred payment to the party thereto with respect to simultaneous or subsequent contracting parties. Sec. 13-54. Reimbursement to the City The City of Santa Ana may receive reimbursement from the Sewer Connection Fee Fund for all costs of sewer construction in the same manner as parties contracting with the City pursuant to this Article, upon a resolution of the City Council setting forth the manner and amount of such reimbursement. Reimbursement to the City shall be subordinate to the claims of prior contracting parties to moneys accruing in the Sewer Connection Fee Fund. Sec. 13-55. Interest Moneys in the Sewer Connection Fee Fund shall be deposited into an interest-bearing account separate and apart from other municipal funds, and interest accruing thereon shall be credited to the Sewer Connection Fee Fund. Sec. 13-56. Transfers to the General Fund Upon a finding that a surplus exists in the Sewer Connection Fee Fund, in that moneys on deposit therein exceed present and prospective expenditures pursuant to Section 13-52, the Council may authorize and direct the transfer of all or any part of such surplus from the Sewer Connection Fee Fund to the General Fund. ADOPTED this 6th day of Aunt the following vote: , 1979, by AYES: COUNCILMEN: NOES: COUNCILMEN: Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto None ABSENT: COUNCILMEN: None ATTEST: CL~ OF THE COUNCIL APPROVED AS TO FORM: KEITH L. GOW, City Attorney