Chapter 13.20
LOCAL BENEFIT DISTRICTS
Sections:
13.20.010 Establishment of districts.
13.20.030 Determination of necessity for district.
13.20.040 Apportionment of costs.
13.20.050 City administrative costs.
13.20.070 Refund to original applicant.
13.20.080 Reimbursement agreement.
13.20.010 Establishment of districts.
Whenever the city requires an applicant for sewer or water service to install sewer, water or storm drain pipelines, or street and traffic control improvements which benefit property not within the applicant's property, then the city shall establish a local benefit district to apportion the costs of such improvements among the properties benefited. (Ord. 269 § 1, 1987)
13.20.020 Exemptions.
A local benefit district shall not be required for improvements consisting of the following:
A. Installation of curb, gutter and sidewalk across the street frontage of applicant's property;
B. Street paving on that half of public or private streets adjacent to applicant's property;
C. Installation of sewer, water or storm drainage pipelines from the nearest connection point from the applicant's property to the required connection point of the city pipelines; provided, however, that such pipelines are sized to serve the applicant's property only. (Ord. 269 § 2, 1987)
13.20.030 Determination of necessity for district.
The city manager and the city engineer shall determine if a local benefit district is necessary upon an application for sewer or water service. If they determine such district is required, they shall determine the properties to be in such district and the equitable apportionment of the improvement costs among such properties. All of such properties, excluding the applicant's property, shall be designated a local benefit district. (Ord. 269 § 3, 1987)
13.20.040 Apportionment of costs.
When a local benefit district is required, the city engineer and the city manager shall make the apportionment of costs among the properties in the district as follows:
A. The city engineer and the city manager shall determine the amount of costs to be apportioned. One-half of such costs shall be an acreage fee, calculated by dividing one-half of the costs into the total acreage benefited. One-half of such costs shall be a street frontage fee, calculated by dividing one-half of the costs into the total street frontage of the properties in the district. “District frontage” shall include planned but not yet installed collector streets, but shall exclude subdivision or planned development interior streets. The fees provided for in this section shall be adopted by the city council by resolution. Such fees shall be adopted only after the provisions of Government Code Section 54922 have been complied with. Said fees shall be increased annually by the same percentage as any increase in the construction price index from the date the applicant's improvements are accepted by the city, until paid by other properties in the local benefit district as hereinafter provided.
B. The costs to be apportioned pursuant to this section shall be limited to those costs which are in excess of the costs of the improvements which are required to serve only the applicant's property. (Ord. 269 § 4, 1987)
13.20.050 City administrative costs.
The director of finance shall determine the cost to the city in administering each local benefit district, and such costs shall be equitably prorated among the properties in the district. (Ord. 269 § 5, 1987)
13.20.060 Fee requirements.
Any applicant for sewer or water service to property within a local benefit district shall at the time any building permit is issued, and as a prerequisite for the issuance of any building permit, pay the frontage and acreage fees including interest charges and the city administrative fee applicable to the property. No sewer or water service shall be granted an applicant in a local benefit district without prior payment of all acreage and frontage fees. Properties having less than an even number of acres shall pay an acreage fee prorated in direct proportion to any fractional acreages. (Ord. 269 § 6, 1987)
13.20.070 Refund to original applicant.
The frontage and acreage fees collected by the city from applicants for sewer and water service to properties located within a local benefit district shall be paid by the city to the original applicant no less often than annually. The acreage and frontage fees generated by other property within the local benefit district shall be the sole source of funds for said reimbursement to the original applicant. No such fee shall be collected from applicants in a local benefit district more than 10 years after the date the original improvements were accepted by the city. Likewise, the city's obligation to make any reimbursement to the original applicant shall terminate on the anniversary on the tenth year following the date the improvements were accepted by the city. (Ord. 269 § 7, 1987)
13.20.080 Reimbursement agreement.
When the costs to be apportioned among properties of the local benefit district have been determined by the city manager and the city engineer, the city shall thereafter enter into a reimbursement agreement with the applicant which shall set forth the total amount to be refunded to the applicant and which shall be consistent in all respects with the provisions of this chapter. (Ord. 269 § 8, 1987)