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'Clf::t OF SAN BERNARD-'o - REQUM FOR COUNCIL AC'rJoN
From: JOHN F. WILSON
Deputy City Attorney
Oept: City Attorney
Date: Novem1::er 19, 1987
Subject: SEWER CONNECTION
l~rO
Synopsis of Previous Council action:
Reviewed by Legislative Review Committee on 8-20-87 and 9-10-87
Recommended motion:
Give ordinance first readir.g
Contact person:
Ge.ne Klatt
Phone: 5125
Supporting data attached:
Ward:
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FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
75-0262
Agenda Item No.
~L5-
'elk OF SAN BERNARD~ - REQU.Qr FOR COUNCIL AC'rJON
STAFF REPORT
The relevant portions of the San Bernardino Municipal Code have
been amended to provide that all new developments within the
City shall hook up to the sewer system. Additionally, a
process has been developed for the reimbursement to the owner
of the cost of hooking up to the sewer system, where such hook
up requires the laying of a main sewer line which extends more
than 300 feet beyond the property line. These amendments will
eliminate the future development of septic tanks within the
City.
75-0264
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
13.32.070, 13.08.080, 18.44.070(D) AND ADDING SUBSECTION D TO
3 SECTION 12.08.050 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE
THAT ALL NEW DEVELOPMENT SHALL CONNECT TO THE CITY SEWER SYSTEM
4 AND PROVIDING A PROCEDURE FOR THE REIMBURSEMENT OF THE COST OF
SUCH CONNECTION.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION I.
Section 13.32.070 of the San Bernardino
Municipal Code is amended to read as follows:
"A.
The owner of any premises used for human occupancy,
employment, recreation, or other purposes situated within the
City and taking access from any street, alley, easement or
vehicle way, is required to connect the premises directly to the
City sewer system. The owner may petition the Mayor and Common
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Council for reimbursement of the costs under San Bernardino
Municipal Code Section 13.08.080 for that portion of the line
extension over three hundred feet as measured from the point of
the connection with the existing sewer facilities to the point
where the extension enters the lot, parcel or tract to be
serviced.
B. Upon the recommendation of the Planning Commission
this requirement may be waived, or modified, where (1) the
proposed project is on a lot one-half acre or larger, and (2)
where the Planning Commission makes a finding that a natural
obstruction prevents the extension of the sewer line in the
manner required by this section. This section shall only be
applicable to development taking place after October 1, 1987.
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1 C. The owner or developer must record all lateral or
2 saddle installations anywhere on the sewer line with the City
3 Engineering Department.w
4 SECTION 2. Section 13.08.080 of the San Bernardino
5 Municipal Code is amended to read as follows:
6 "13.08.080 Reimbursement to owner for expenses.
7 A. The owner of property serviced by a sewer main extended
8 by such owner three hundred feet or more beyond the existing
9 sewer facilities as measured from the point of connection with
10 such existing facilities to the point where the extension enters
11 the lot, parcel or tract to be served by such line, may file with
12 the City Engineer, two copies of an audited report of his costs
13 incurred for the sewer line extension and manhole construction
14 (except laterals) as an application for the reimbursement of such
15 costs. Said reports shall be filed within ninety days after
16 written acceptance of such extension by the City of San
17 Bernardino. The City Engineer shall review such documentation
18 and shall within forty-five days after acceptance of same, make a
19 recommendation to the City Administrator that:
20 1. Allor a portion of such costs be accepted or
21 den ied;
22 2. That City enter into a payback agreement with the
23 owner or developer. Said agreement shall provide that persons
24 making connection to the line be assessed a fee on a pro rata
25 basis as determined by the frontage of the lot, parcel, or tract
26 serviced by such sewer line extension and, that all fees so
27 collected shall be paid over to the original builder of the line.
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Any such agreement shall have a maximum term of ten years and
shall not pay interest; or
3. Recommend that the owner receive immediate
payment from the sewer construction fund of the allowed costs of
such construction.
B. In making his recommendation the City Engineer shall
consider the following criteria:
I. That the extension represents a logical and
reasonable extension of sewer line;
2. Properties along the extension have a reasonable
probability of development within the ensuing ten years;
3. There are sufficient unencumbered monies in the
sewer line construction fund to finance the line;
4. The extension does not conflict with or delay the
five-year sewer line construction plan;
5. The extension is in compliance with the General
Plan; and
6. Applicant is not receiving any other form of
government financing including but not limited to inducement,
reimbursement, or fee waiver for such development.
Based on the above, the City Administrator shall thereafter
22 make his recommendation to the Mayor and Common Council.
23 C. No reimbursement shall be made hereunder unless and
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until the City Administrator determines that the audited report
and verified claim have been filed within the allotted time
26 periods and are otherwise acceptable to the City."
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1 SECTION 3. Section 16.44.070 Subsection D of toe San
2 Bernardino Municipal Code is amended to read' as follows:
3 "D. Install or provide for the installation of all sewer
4 mains (including connection to existing system), and dry sewers
5 when required by the Department of Public Works, and all
6 utilities, utility lines and appurtenances, including water
7 mains, fire hydrants, gas mains, and all laterals required to
8 serve each lot, telephone and electric lines, and all appurtenant
9 equipment. When such facilities are located in a street,
10 laterals shall be laid to the property line of each lot. All
11 required facilities installed in a street shall be laid before
12 the street is paved, and shall extend at least to the most remote
13 subdivision boundary and downstream connection point;"
14 SECTION 4. Subsection D is added to Section 13.08.050 of
15 the San Bernardino Municipal Code to read as follows:
16 "D. Connection fee designated for reimbursement of funds
17 advanced by the sewer line construction fund or by owners for
18 sewer line extension pursuant to Section 13.08.080. All
19 properties subject to this fee shall pay a pro rata share of the
20 costs of the sewer extension line plus seven percent (7%)
21 interest on such pro rata share compounded annually from date of
22 advancement of any funds by the City. The costs shall be as set
23 forth in the audited reports filed by the owner under San
24 Bernardino Municipal Code Section 13.08.080. The City Engineer
25 is hereby authorized to collect an administrative charge for
26 costs of administering any agreement entered into pursuant to
27 Section 13.08.080. Such charge shall be in an amount equal to
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1 seven percent (7%) of the costs to be reimbursed. Such charge
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may be amended by resolution of the Mayor and Common Council.
The pro rata share shall be based on the frontage of the lot,
parcel or tract for which this connection fee is collected. The
City Engineer shall make the determination as to the frontage of
property benefitted by connection to the sewer line extension.
In no case shall the charge be less than that for sixty feet of
frontage."
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
_.H____n____ meeting thereof, held
day of
, 1987, by the following
on the
vote, to wit:
Council Members
AYES:
NAYS:
ABSENT:
City Clerk
The foregoing ordinance is hereby approved this _____ day
of
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1987.
Mayor of the City of San Bernardino
25 Approved as to form
and legal content:
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."d-!.:.}<"-~~__!~'~~~'_,:
7ty Attorney
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