Chapter 13.36 ANNEXATIONS

Chapter 13.36
ANNEXATIONS

Sections:

13.36.030 Payment of in-lieu assessment fees.

13.36.040 Annexation of new assessment districts.

13.36.050 Disposition of collected funds.

13.36.010 Service to annexed areas.

A. When an area is annexed to the city, the requestor shall have an estimate of the cost of extending sewer lines and otherwise providing sewer service to the lots within said annexation prepared by a civil engineer registered in the state of California. Said estimate shall not include the cost of lateral sewers. This estimate and the proportional share to be borne by each lot shall be furnished to the owners of the annexed property.

B. Requestor shall submit improvement plans of the proposed extension, prepared by a civil engineer registered in the state of California, for approval by the director.

C. The owners of such annexed property shall execute and file an agreement with the city as per Chapter 13.24 of this article.

D. No hookup to the public sewer will be permitted until all improvement work has been completed to the satisfaction of the director and all charges have been paid by the requestor in accordance with the provisions of this chapter. Inspection costs shall be paid by the requestor, see Section 13.24.020.

E. The city may approve a refund agreement with persons who have paid more than their proportional cost of the sewer service extension. Said agreement shall provide for reimbursement of the excess cost borne by said persons at such time within five years as money is paid to the city for service from said sewer service extension.

F. No sewer service shall be provided to any lot by lateral sewer connection to said sewer service extension until the owner of said lot has paid a proportional share of the cost of said service extension, or has entered into an agreement with the city to pay such share of the cost in annual installments, over a period as agreed upon by both the city and the owner, interest shall be based on per year compounded annually on the unpaid balance, rate to be established by the city.

G. Subsections (A) through (F) may be waived by cause by the director or council. (Ord. 648 § 1 (part), 1982)

13.36.020 In-lieu assessment fees.

The city shall determine the amount of assessment for each lot annexed into the city to which sewer service is to be extended. When the estimate of the cost of extending sewer service to a particular lot, as described in Section 13.36.010, is less than said equivalent assessment, then an in-lieu assessment fee shall be charged for providing sewer service to said lot. Said in-lieu assessment fee shall be equal to the difference between the actual cost of providing sewer service to said lot and the aforesaid equivalent assessment, except that the estimate of the costs may be used in computing the in-lieu fee, subject to adjustment when actual costs have been determined. (Ord. 648 § 1 (part), 1982)

13.36.030 Payment of in-lieu assessment fees.

The in-lieu assessment fee shall be paid before a permit is issued for a sewer connection, except that when the in-lieu assessment fee for a property under one ownership exceeds one thousand dollars then this fee may be paid in installments, over a period not to exceed five years, with the first installments to be made before the issuance of the permit and to be at least ten percent of the in-lieu assessment fee, with interest to be established by the city on the unpaid balance. When a property owner elects the installment method of payment, then an installment agreement shall be executed by the owner and the city, and the amount of the fee shall be recorded in the office of the Tulare County Recorder as a lien against said lot. (Ord. 648 § 1 (part), 1982)

13.36.040 Annexation of new assessment districts.

When a number of lots are annexed to the city at the same time, and it is intended to form an assessment district to finance the construction of sewer collection facilities to serve said lots, then the provisions of Sections 13.36.010, 13.36.020 and 13.36.030 shall not apply. (Ord. 648 § 1 (part), 1982)

13.36.050 Disposition of collected funds.

All in-lieu assessment fees and deposits for the construction of sewer service extensions shall be deposited in the sewer growth fund established by the city. (Ord. 691 § 1 (c), 1986: Ord. 648 § 1 (part), 1982)