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O 528 C.S. ---- ORDINANCE NO. 528 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING ARTICLES 4 AND 5 OF TITLE 6 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING SEWER CONNECTION FEES WHEREAS, the City of Arroyo Grande has commissioned a study to update its sewer connection fees; and, WHEREAS, the study recommended equitable and proportional connection fees in order to fund the infrastructure needed to provide sewer capacity to new users; and, WHEREAS, the City desires to modify Municipal Code provisions regarding sewer connection fees and implement such connection fees. THE CITY COUNCil OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOllOWS: SECTION 1: Articles 4 and 5 of Chapter 6 of the Arroyo Grande Municipal Code are hereby amended in their entirety as shown in Exhibit A attached hereto and incorporated by this reference as though set forth in full. SECTION 2: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that anyone or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unlawful. SECTION 3: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the Director of Administrative Services/Deputy City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council Members voting for and against the Ordinance shall be published again, and the Director of Administrative Services/Deputy City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 4: This Ordinance shall become effective sixty (60) days after its adoption. - _..._-~-- ORDINANCE NO. 528 C.S. PAGE 2 On motion of Council Member lubin, seconded by Council Member Dickens, and on the following roll call vote, to wit: AYES: Council Members lubin, Dickens, Runels, Ferrara, and Mayor Lady NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 13th day November of 2001. I I I I I I I I I I I -~_.__.- -- -.-- ORDINANCE NO. 528 C. S. PAGE 3 ~--- ~ MICHAEL A. LADY, MA~off~ ATTEST: .. tUUtP/V- ORE DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: ~ ~..._~ /'%;- - /' T~ ADAMS, CITY MANAGER APPROVED AS TO FORM: 1 ~' .~>- 4>--- ... .. TI THY EL, CITY ATTORNEY ------ EXHIBIT A Article 4. Permits and Connection Fees Sec. 6-6.401 Approval: ReQuired It shall be unlawful for any person. other than the City, to make any connection to any public or building sewer, or to construct, perform maintenance, or alter any public sewer main or building sewer within the City without first obtaining approval from the City for such work. Sec. 6-6.402 Approval: Process Any person desiring to perform work involving sewers shall make a request in writing to the City, providing specific details of the proposed work and any other such information as the City may require. The work to be performed shall be done in accordance with City Standards and Codes. Approval of the proposed work will be issued in the form of an encroachment permit, a building permit, approved subdivision plans, or other permit applicable to the overall project involved. The applicant shall pay all such permit and inspection fees associated with the approval. Sec. 6-6.403 Approval: Exceptions Nothing contained in this Article shall be deemed to require the application for, or the issuance of, a permit for the purpose of removing stoppages or repairing leaks in a building sewer, except that when it is necessary to replace any part of such sewer. For the purpose ofthis Chapter, building sewer is defined as all sewerage exclusive of City main line including, but not limited to the wyes, tees, saddles. laterals. and plumbing. Sec. 6-6.404 Permittees: Liability The person to whom a permit for construction has been issued and the person performing the work under such permit shall be liable for all damages of whatsoever nature occasioned by or resulting from the performance of such work, and such persons shall hold the City and its employees and agents harmless from all loss, including expenses incurred in defending any action against the City arising out of such construction work. The applicant shall be liable for defects in the work and for any failure which may develop in the facilities because of defective work or materials. , ~_..- Sec. 6-6.405 South San Luis Obispo County Sanitation District Fees I Each connection to the sewer system shall be charged a fee as adopted by the Governing Board of the South San Luis Obispo County Sanitation District for said sanitation district. Sec. 6-6.406 Connections: Fees:Capacity. For each connection of a building sewer to a public sewer, a connection fee is hereby established. The fee shall be collected by the City before the permit for the connection work is issued. The City Council may from time to time, by resolution, set forth the amount of the sewer connection fees. Said resolution shall provide for a method of adjusting the amount of the fees to. account for changes in construction costs or other considerations affecting the reasonable relationship between the fees and the cost of the public sewer system. Every house and building requiring a sewer service shall have an independent connection to the public sewer, except that more than one building located on a lot under one ownership, or condominium, or planned unit development may be connected to the same building sewer in conformance with Section 6-6.309. With the exception of condominium and planned unit developments, in the event a lot with a house or building so connected is subdivided, an independent sewer connection with appropriate easements shall be provided for each differently owned premises. With the exception of condominium and planned unit developments, no two (2) owners of adjacent lots fronting on the same street shall be permitted to join in the use of the same building sewer. Sec. 6-6.407 Sewer Connections Outside the City Limits Sewer connections to an area outside the City limits shall be subject to the following conditions: ----...----- - ---"..---..--- a) The applicant shall provide detailed calculations that demonstrate that the proposed sewage flow, plus the projected sewage flow from the areas within the City limits at buildout can be conveyed by the City sewer system. The analysis shall be reviewed and approved by the Director of Public Works. b) The applicant shall provide a will serve letter demonstrating that the South San Luis Obispo County Sanitation District will accept the additional sewage. c) Pay connection fees as described in this Article, plus an additional 20 percent of the City connection fee for City overhead for administration of the outside sewer connection. In addition, the applicant shall be responsible for all costs associated with the outside sewer connection. d) For sewer connections of a single residence unit, the Director of Public Works may approve the outside connection. For connections of more than a single residence unit, the outside connection shall be approved by the City Council. e) Provide evidence of approval of all necessary government bodies, including but not limited to the Local Agency Formation Commission. Sec. 6-6.408 Connections: Fees: Disposition All moneys derived from sewer connection fees shall be deposited in a special fund known as the "Sewer Facility Fund". The money in said fund shall be used to pay for sewer improvements and future sewer capacity as necessary to meet the needs of the City resulting from growth and expansion. The fund shall not be used to pay for operation and maintenance. Sec. 6-6.409 Connections: Fees: Exceptions I Whenever new development replaces existing development, the connection fees shall be as stated in this Article, less any credits determined in accordance with Section 6-6.411. For any sewer connection not included in the provisions of this Article, the City shall determine the amount of the connection fee on such basis that such fee will be equivalent to that paid by other users. _._~-- --.- Sec. 6-6.410 CharQes for Extraordinarv Services It is the intent of the City to equalize the cost of sewer service throughout the area of the City by the application of the provisions of this Article, and notwithstanding any provisions ofthis Article, the City may in any instance increase the service charges '1 to be charged for any extraordinary service to achieve such objective. Sec.6-6.411 Connections: Fees: Credits A person making a sewer connection may apply for credit against the fees due. Credit may be allowed for connection fees, a portion thereof, or an equivalent that has been previously paid. The Director of Public Works shall determine that amount of credit allowed. No reductions in connection fees shall be transferable to another parcel of land. -- ------ -- Article 5. Public Sewer Extensions i , I , Sec. 6-6.501 Applications: Installations: Costs: Reimbursement Any person extending a public sewer to the benefit of other properties may request a reimbursement agreement. The City Council shall approve or disapprove of any reimbursement agreement. The reimbursement agreement shall not reduce the connection fees to be paid to the City. The maximum term of a reimbursement agreement shall be 10 years. Sec. 6-6.502 Connections: Charaes: Payment. No sewer service shall be provided until the sewer connection fees have been paid. __o.____" OFFICIAL CERTIFICATION I I I I, KELLY WETMORE, Director of Administrative Services/Deputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached is a true, full, and correct copy of Ordinance No. 528 C.S. which was introduced at a regular meeting of the City Council on October 23, 2001; and was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 13th day of November, 2001. I further certify that said Ordinance No. 528 C.S. was duly published in accordance with the law and order of said City Council in The Times Press Recorder, a newspaper printed and published in said City, on November 21, 2001. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 21st day of November, 2001. I llt, { il ~taOrLL RE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK