CHAPTER 3
EXTENSION OF SEWER LINES TO ANNEXED AREAS

Section 4300. General Requirements.

Where an extension of a sewer main from within the boundaries of the District to annexed territory is required in order to provide for additional residential or industrial uses, the extension must be first authorized and approved by the District.

(a)    The applicant, before receiving such approval, must file with the District a true copy of the contract or proposed contract entered into for such extension, showing the total estimated cost of the installation; within ten (10) days after the completion of the installation the applicant must file with the District a verified statement of the actual final cost of the installation, which shall include the permit, inspection fees and costs of engineering.

(b)    The size of all mains shall be determined by the District. In case the District requires larger mains to be installed than are required to serve applicant, the District may, in its discretion, assume the additional cost of such larger main, including the cost of the construction and installation of any pump station or pumping facility and appurtenances thereto to be used in conjunction with any such main extension.

(c)    If the nearest available sewer line is not, in the opinion of the District, of sufficient size and capacity to adequately serve applicant, the applicant shall pay the entire cost of the extension of a main extending from the nearest available line of sufficient size and capacity as determined by the District, including the cost of constructing and installing any pumping plant or pumping facility and appurtenances thereto to be used in connection therewith, unless the District agrees to assume such cost or a part thereof. The District may, in its discretion, assume the whole or any part of the costs of any enlargements or of additions to its existing system which the District determines to be necessary to provide sufficient size and capacity at the point of beginning of the extension.

(§1, Ord. 11, 09-19-49)

(Amended, §1, Ord. 32, 04-02-56)

Section 4301. Extended Service to Persons Other Than Applicant.

(a)    Whenever facilities or appurtenances thereto, installed pursuant to the provisions of Section 4300 of this Code are of a size and capacity greater than are necessary to serve applicant and which would qualify for dedication and maintenance by the District, the Sanitary Board may preliminarily determine and delineate the area which may be served and benefited by such facilities.

(b)    Based upon such determination, the Sanitary Board may establish a per use fee for the area it determines can be so benefited by such proposed facilities. In determining said fee and how said fee shall be allocated to the various properties contained within the areas so benefited, the District Board shall take into consideration all pertinent factors, including but not limited to:

(1)    The front footage, size, configuration, and topography of each parcel and the entire area to be benefited.

(2)    The existence of other public facilities and rights of way in the area to be benefited.

(3)    The present use of the properties in the area to be benefited.

(4)    The present precise zoning of the properties in the area to be benefited.

(5)    The theoretical future use of each parcel and the area to be benefited as per the general plan of the governmental agency or agencies then having primary and/or regional jurisdiction over planning.

(6)    The quality and quantity of effluent to be generated by the various uses proposed now or in the future in the area to be benefited.

(7)    The gradient and size and nature of facilities to be constructed.

(8)    Anticipated extraordinary future expense of maintenance or replacement of the facilities to be constructed.

(9)    The economic impact of the proposed uses in the area to be benefited.

(10)    The environmental impact of the proposed uses in the area to be benefited.

(11)    The estimated present cost of the construction of the said facilities.

(12)    The cost of the preparation of environmental impact studies, economic impact studies, engineering studies, seismic studies, soils engineering studies, boundary surveys and the expense of any and all other analyses which must be conducted by the District in evaluating the proposed project.

(13)    The anticipated legal expense to be incurred by the District, including but not limited to, legal expense for administrative hearings, preparation of contracts, preparation and conducting of assessment district proceedings and litigation.

(c)    Prior to final determination of the boundaries of the area to be benefitted and the per use fee to be allocated to each property or portion of same within said area, a public hearing shall be held by the District for property owners and residents in said area. Notice of said public hearing shall be given by notice in the United States mail with postage prepaid using addresses from the last equalized assessment roll or alternately from any other records of the Assessor or the Tax Collector as in the opinion of said Board contained more recent addresses of said owners and residents or by both publication in a newspaper of general circulation in accordance with Government Code Section 65854 and the posting of said notices in conspicuous places close to the properties affected. It shall be the responsibility of the person or entity seeking to have the District establish such benefit district to procure said mailing addresses and to afford District with duly stamped and addressed envelopes for the mailing of said notices and to pay to District in advance the cost of the preparation, publication and posting of said notices. Said notice shall contain preliminary information relating to the boundaries of the area to be benefited as well as estimated costs of said construction and estimated use fee allocations.

If prior to the public hearing there are written protests from property owners within the area to be benefited filed with the Clerk of the District Board by the owners of more than one-half of the area of the property to be benefited and who are also bearing no less than one-half of the total use fees as per said apportionment, and sufficient protests are not withdrawn so as to reduce the area represented by protests to less than one-half of that to be benefited or to those paying less than one-half of the total use fees as so apportioned, then the proposed proceedings shall be abandoned and the District Board shall not for one year from the filing of the written protests commence or carry on any proceedings for the same improvement or acquisition under the provisions of this Section. Any protests may be withdrawn by the owner requesting the same in writing at any time prior to the conclusion of the public hearing held pursuant to this Section.

At such public hearing the formal boundaries of the area of benefit and a fair method of use fee apportionment shall be established.

(d)    Upon satisfactory completion of facilities installed pursuant to this Section and the filing of verified statements of the actual final cost of the installation in accordance with the provisions of Section 4300 of this Code, the actual use fee allocation shall be determined by the District. The benefit district, the method of use fee apportionment, and the actual use fee allocation shall be established by a resolution adopted by the District Board. Upon establishment of the benefit district, a description of the boundaries of the area to be benefitted and the method of use fee apportionment and the results of said method of fee apportionment shall be filed by the District Board with the Recorder of the County of Alameda within thirty (30) days after adoption of the same. Such use fee shall be immediately applicable to all property within the area benefitted as of the date of recordation and shall be payable as a condition of approval of sanitary sewer improvement plans within final subdivision maps, parcel maps, or minor subdivisions, or as a condition of issuance of a sewer connection permit for any property or portions thereof within the area found to be benefitted.

(e)    Applicants for sanitary sewer service within said benefited area shall pay to the District the use fee allocation as so established, together with interest on said sum for the period that the same has been outstanding and unpaid at the prime rate during said period charged by the Bank of America National Trust and Savings Association, but in no event at an interest rate of less than seven percent (7%) per annum.

(f)    The amount so collected by District shall be retained and disbursed as follows:

(1)    First, to the District’s own account to reimburse the District for any costs assumed by the District pursuant to the provisions of Subsection (b) of Section 4300 of this Code.

(2)    Second, to the District’s own account to reimburse the District for any costs assumed by the District pursuant to the provisions of Subsection (c) of Section 4300 of this Code if the District assumed the total cost of any enlargements or additions to its existing system.

(3)    Third, if the District, acting pursuant to Subsection (c) of Section 4300 of this Code, assumed only a portion of the costs of enlargements or additions to its existing system, then the amount so collected shall be prorated between the District and the original applicant who participated in the cost of such enlargements and additions to the District’s existing system. Proration shall be in the same ratio as the District’s and the original applicant’s participation in such cost bore to the total cost of such enlargements and additions. The applicant’s prorated share thereof shall be refunded by the District to applicant as collected within a period of ninety (90) days after receipt thereof by the District. District’s prorated share thereof shall be retained by the District for its own account.

(4)    Fourth, if the entire cost of the enlargements or additions to the District’s existing system were borne and paid for by the original applicant, pursuant to provisions of Subsection (c) of Section 4300 of this Code, the whole amount collected by the District shall be refunded by the District to the original applicant as collected within ninety (90) days after receipt thereof by the District.

(g)    No such refunds or interest shall be paid by the District to any applicant pursuant to this Section if received by District more than twenty-five (25) years from the date of adoption of the resolution establishing the benefit district. The lapse of said twenty-five (25) year period shall not prevent District from collecting said fees and said interest, but any funds or interest collected by the District after the lapse of said twenty-five (25) year period will be retained by the District for its own account.

(h)    The right to receive refunds as provided for under this Section shall be a personal right of the applicant or the District, as the case may be, and shall not be or constitute a covenant running with the land or an equitable servitude as to any lands owned by applicant and benefited by the construction of the facilities in question. The right to receive reimbursement as herein above provided shall be evidenced by a certificate issued by the District which certificate and the rights evidenced thereby may be assigned, hypothecated, encumbered, conveyed, pledged, devised, bequeathed, transferred in trust, and/or mortgaged, (hereinafter referred to as a "transaction"), subject to the external condition precedent that District be notified in writing of said transaction no less than five (5) days prior to occurrence of same. Said notification of said transaction shall be accompanied by the original certificate which original certificate shall then have noted on its face, and on the records of the District, the occurrence of said transaction and the effect of said transaction on the ownership and/or future transferability of said certificate. Presentation of said certificate to said District, as above set forth, is an external condition precedent to the payment of any funds to applicant or its successor in interest by District pursuant to Subsection (f) of this Section.

(§2, Ord. 11, 09-19-49)

(Amended, §2, Ord. 32, 04-02-56)

(Amended, §1, Ord. 36, 05-25-59)

(Amended, §8, Ord. 44, 11-17-70)

(Amended, §1, Ord. 50, 12-04-73)

(Amended, §21, Ord. 60, 11-06-78)

(Amended, §2, Ord. 92, 02-05-91)

Section 4302. Effect on Past Contracts and Permits.

The provisions of this Chapter shall in no way affect any contract entered into or permit issued before the effective date of this Code.

(§3, Ord. 11, 09-19-49)

Section 4303. Conflicting Ordinances.

All ordinances or parts of ordinances in conflict with this Chapter as amended are hereby to that extent rescinded and repealed.

(§4, Ord. 11, 09-19-49)

(Amended, §3, Ord. 32, 04-02-56)