CHAPTER 2
ANNEXATION TO THE CASTRO VALLEY SANITARY DISTRICT
CHARGES AND PROCEEDINGS
Section 4200. Purpose.
In order to establish conditions of equality between properties within areas which may hereafter be annexed to the Castro Valley Sanitary District and properties presently within the boundaries of the District with regard to bonded indebtedness incurred in the present District for the purpose of financing the cost of trunk lines, outfall sewers, lift stations, and treatment facilities which must necessarily serve the properties within areas to be annexed in the future as well as the present District, the public interest, economy, and general welfare of the District and its residents require that conditions and charges for the connection of properties in future annexed areas be established as set forth in this Chapter.
(§1, Ord. 6, 02-18-47,
(Amended, §1, Ord. 7, 06-15-48)
(Amended, §7, Ord. 44, 11-17-70)
(Amended, §9, Ord. 56, 04-05-77)
Section 4201. Unit of Capacity.
The basis upon which the equity charge set forth in Section 4202 of this Code shall be assessed shall be termed a "unit of capacity". A unit of capacity shall be defined as that capacity which will provide service to a single-family dwelling unit. For uses other than residential, the number of units of capacity shall be determined solely by the District and may be based upon the intended use, the number of plumbing fixtures, the expected quality of the wastewater to be discharged, or any other basis deemed appropriate in the judgment of the District.
(§2, Ord. 6, 02-18-47,
(Amended, §2, Ord. 7, 06-15-48)
(Amended, §1, Ord. 41, 10-15-63)
(Amended, §7, Ord. 44, 11-17-70)
(Amended, §10, Ord. 56, 04-05-77)
(Amended, §1, Ord. 162, 07-01-14)
Section 4202. Equity Charge.
With respect to any territory annexed to the Castro Valley Sanitary District after the first day of July, 1996, there shall be paid to the District an equity charge of ONE THOUSAND FIVE HUNDRED ($1,500.00) DOLLARS for each unit of capacity, as unit of capacity is defined in Section 4201 of this Code. The equity charge shall be paid at the time owner or his agent makes application for a permit to connect to the sanitary sewer system of the District. However, in the case of proposed subdivisions or other methods of property division or development, the equity charge shall be paid as a condition of approval of plans and specifications for sanitary sewer facilities within said proposed subdivision or development. The equity charge shall be paid in addition to all other permit fees required to be paid to the District under Section 4113 of this Code.
(§3, Ord. 6, 02-18-47)
(Amended, §3, Ord. 7, 06-15-48)
(Amended, §1, Ord. 15, 11-06-50)
(Amended, §1, Ord. 19, 08-21-51)
(Amended, §1, Ord. 29, 03-02-54)
(Amended, §1, Ord. 31, 04-02-56)
(Amended, §7, Ord. 44, 11-17-70)
(Amended, §11, Ord. 56, 04-05-77)
(Amended, §2, Ord. 65, 06-09-81)
(Amended, §4, Ord. 68, 06-09-82)
(Amended, §2, Ord. 71, 06-14-83)
(Amended, §2, Ord. 73, 06-12-84)
(Amended, §2, Ord. 77, 07-09-85)
(Amended, §2, Ord. 79, 06-10-86)
(Amended, §2, Ord. 81, 06-02-87)
(Amended, §2, Ord. 83, 06-07-88)
(Amended, §2, Ord. 84, 06-06-89)
(Amended, §2, Ord. 87, 06-05-90)
(Amended, §2, Ord. 93, 06-18-91)
(Amended, §2, Ord. 96, 06-17-92)
(Amended, §2, Ord. 102, 06-22-93)
(Amended, §2, Ord. 106, 06-21-94)
(Amended, §2, Ord. 112, 06-18-96)
Section 4203. Waiver of Established Charges.
With respect to any territory annexed to the Castro Valley Sanitary District after the first day of May, 1977, the Castro Valley Sanitary District reserves the right to waive the provisions of Section 4202 of this Code and to include special provisions into the terms and conditions of annexation to the Castro Valley Sanitary District.
(§4, Ord. 6, 02-18-47,
(Amended, §4, Ord. 7, 06-15-48)
(Amended, §2, Ord. 15, 11-06-50)
(Amended, §2, Ord. 19, 08-21-51)
(Amended, §16, Ord. 34, 04-06-59)
(Amended, §7, Ord. 44, 11-17-70)
(Amended, §12, Ord. 56, 04-05-77)
Section 4204. Standard Terms and Conditions.
The following shall be standard terms and conditions for every annexation to the Castro Valley Sanitary District and shall be in addition to those provisions for annexation set forth in Sections 4200, 4201, 4202, and 4203 of this Code:
(a) Annexed territories shall be subject to present and future taxes of the District, in accordance with the assessable valuation of the properties thereof, and/or in accordance with such other methods of taxation which may be authorized and/or required in lieu of or in conjunction with ad valorem taxation.
(b) Annexed territories shall be subject to present and future service charges of the District upon connection to the sanitary sewer system of the District.
(c) Annexed territories shall be subject to the bonded indebtedness of the District.
(d) The full cost of the proceedings for annexation, including any costs incurred by the District as a result of the proceedings, shall be borne by the petitioners for annexation.
(1) The District may require the petitioners for annexation to deposit the estimated costs of the proceedings with the District prior to initiation of proceedings for annexation.
(2) The total actual cost of the proceedings for annexation shall be paid to the District before the annexation is ordered. If a deposit has been made in accordance with paragraph (d)(1) of this Section and the actual costs exceed the amount deposited, the difference shall be paid to the District prior to the ordering of the annexation. If an overpayment has been made, the difference shall be refunded by the District to the petitioners for annexation.
(§5, Ord. 6, 02-18-47,
(Amended, §5, Ord. 7, 06-15-48)
(Amended, §17, Ord. 34, 04-06-59)
(Amended, §1, Ord. 42, 12-17-63)
(Amended, §7, Ord. 44, 11-17-70)
(Amended, §13, Ord. 56, 04-05-77)
(Amended, §17, Ord. 60, 11-06-78)
Section 4204.a. Terms and Conditions of Annexation.
(Added, §1, Ord. 43, 09-07-65)
(Repealed by Amending Chapter 2, Article IV in Entirety, §7, Ord. 44, 11-17-70)
Section 4205. Subdivisions Defined.
(§6, Ord. 6, 02-18-47,
(Amended, §6, Ord. 7, 06-15-48)
(Amended, §3, Ord. 15, 11-06-50)
(Amended, §1, Ord. 24, 08-19-52)
(Amended, §1, Ord. 27, 01-20-53)
(Amended, §7, Ord. 44, 11-17-70)
(Repealed, §14, Ord. 56, 04-05-77)
Section 4205.a. Subdivisions.
(Added, §2, Ord. 27, 01-20-53)
(Amended, §2, Ord. 29, 03-02-54)
(Amended, §18, Ord. 34, 04-06-59)
(Amended, §7, Ord. 44, 11-17-70)
(Repealed, §14, Ord. 56, 04-05-77)
Section 4205.b. Prosecution of Work in Subdivisions.
(Added, §3, Ord. 27, 01-20-53)
(Repealed, §14, Ord. 56, 04-05-77)
Section 4205.c. Notice of Commencement of Work in Subdivisions.
(Added, §4, Ord. 27, 01-20-53)
(Repealed, §14, Ord. 56, 04-05-77)
Section 4205.d. Correction of Defective Work.
(Added, §5, Ord. 27, 01-20-53)
(Repealed, §14, Ord. 56, 04-05-77)
Section 4205.e. Application of Standard Specifications.
(Added, §6, Ord. 27, 01-20-53)
(Amended, §19, Ord. 34, 04-06-59)
(Repealed, §14, Ord. 56, 04-05-77)
Section 4206. Maps.
At the time of filing any petition for annexation with the District, petitioners shall file with the District a map delineating all the parcels of land that constitute the area sought to be annexed, showing thereon the area in acres, exact to the hundredths of acre, of each parcel. Said map shall show total acreage exclusive of that lying within the boundaries of any public road.
(§7, Ord. 7, 06-15-48,
(Amended, §4, Ord. 15, 11-06-50)
Section 4207. Bond to Accompany Petition for Annexation.
(§7.1, Ord. 7, as added by §3, Ord. 19, 08-21-51)
(Repealed, §18, Ord. 60, 11-06-78)
Section 4208. Secretary to Report on Sufficiency of Petition.
(§7.2, Ord. 7, as added by §3, Ord. 19, 08-21-51)
(Repealed, §19, Ord. 60, 11-06-78)
Section 4209. Question to be Submitted to the Voters in Elections Called to Confirm Annexations.
Whenever a resolution ordering any annexation is adopted by the Sanitary Board subject to confirmation by the voters at an election called for that purpose, the question to be submitted at such election shall contain a brief summary of the purpose and nature of those terms and conditions specified in said order for annexation which impose a liability for payment of charges other than ordinary annual taxes for bonded indebtedness and ordinary service charges for the usual and ordinary support, management, and operation of the District. Said question shall be in substantially the following form:
"Shall the order adopted on [Date] by the Board of Directors of the Castro Valley Sanitary District ordering the annexation to said District, subject to terms and conditions, of the territory described in said order and designated therein as [Distinctive Short Form Designation] be confirmed? Said terms and conditions include payment of those charges provided for in Section 4202 of the District Code [or alternately, payment of those charges established in accordance with the provisions of Section 4203 of the District Code], all as more particularly described and set forth in said order, which charges are to provide uniformity in spreading the burden of the overall cost of the sewer system of the Castro Valley Sanitary District so far as possible and to cover that portion of the cost of enlarging trunk lines, outfall sewers, and treatment facilities to serve the annexed area which the Sanitary Board does not consider to be appropriately paid out of the general funds of the District."
Consent to the payment of the charges provided by Section 4202 or Section 4203 of this Code shall be deemed given by the favorable vote of a majority of the electors voting upon the question of confirmation of the order for annexation.
(§7.3, Ord. 7, as added by §3, Ord. 19, 08-21-51)
(Amended, §1, Ord. 45, 02-16-71)
(Amended, §20, Ord. 60, 11-06-78)
Section 4210. Annexation Proceedings.
Proceedings for annexation shall be conducted pursuant to the provisions of the District Reorganization Act of 1965, commencing with Section 56000 of the Government Code of the State of California (Government Code, Title 6, Division 1), or as they may be amended.
(Added, §15, Ord. 56, 04-05-77)