2010 JANUARY - Laserfiche WebLink

14.08.050 such costs to be in -lieu payment of the connection charges specified in Section 14.08.010, to the extent of such costs only (or at the city's option, developer may be reimbursed in the manner prescribed in subsection B of this section). If the developer's costs exceed the total connection charges due, then the developer shall be re- imbursed the excess amount in the manner prescribed in subsection B of this section. B. Oversizing. In the event that the city in its best judgment determines that the developer must con- struct and finance a larger in- tract, perimeter or off -tract main extension than is necessary for his or her develop- ment alone, then the developer shall be reimbursed for the cost of the oversize by reimbursement agreement with the city. The term of the agreement shall not exceed seven years, and if full reimbursement has not been made by such time the developer will not be entitled to further reimbursement under that agreement. The cost of the oversize shall be calculated by taking the difference in cost between what was installed and what would have been required to serve the developer's property alone. Such costs shall be established by the operations ser- vices director. C. Perimeter Mains. In the event that the city in its best judgment determines that the developer must construct and finance a perimeter main, then the devel- oper shall be reimbursed by reimbursement agreement for one -half of the cost of the perimeter main. Such agreement shall provide among other things that reim- bursement will be on the basis of the front footage of land that develops along the perimeter main itself. The term of such agreement shall not exceed seven years and if full reimbursement has not been made by such time the developer will not be entitled to further reimburse- ment under that agreement. Provided further, however, that the developer shall not be entitled to apply for or receive any reimbursement from front footage fees from land which cannot be served by his or her perimeter main as the result of some barrier such as a state free- way, railroad track, drainage canal or boundary line of the master water plan area. D. Main Extensions. In the event that the de- veloper must construct and finance an off -tract main extension, then the developer shall be reimbursed by reimbursement agreement. Such agreement shall provide among other things that reimbursement will be on the basis of the front footage of land that develops along the main extension in proportion to the total front footage of the main itself considering both sides. The term of such agreement shall not exceed seven years, and if full reim- bursement has not been made by such time the devel- oper will not be entitled to further reimbursement under (Pleasanton Supp. No, 3, 1 -111) 382 that agreement. Provided further, however, that the de- veloper shall not be entitled to apply for or receive any reimbursement from front footage fees from land which cannot be served by the main extension as the result of some barrier such as a state freeway, railroad track, drainage canal or boundary line of the master water plan area. (Ord. 2000 § 1, 2009; prior code § 2- 16.24) 14.08.050 Special funds. There is established a special fund as follows: Water Improvement Fund. This fund shall be es- tablished from the revenue received from water connec- tion charges as defined in Section 14.08.010. (Prior code § 2- 16.25) 14.08.060 Adjustments and exceptions. Upon application, and good cause shown, after a public hearing, the city council may in its sole discretion modify or waive any of the charges provided for in this chapter or make whatever adjustments and exceptions to the requirements of this chapter that the city council may deem necessary in order to vary or modify the strict ap- plication of the terms of this chapter in cases in which there are practical difficulties or unusual hardships in the way of such strict applications or in the interest of jus- tice. Applications may be made by developers or by the city. (Prior code § 2- 16.26) 14.08.070 Advance -in -aid. A. When the city council determines that the best interests of the city will be served by construction of a water main, it may agree to an advance -in -aid to be paid upon acceptance of completed water main construc- tion. The advance -in -aid may be for all or any part of cost of the water main extension. 13. Source of moneys for such advance -in -aid shall be the water improvement fund of the city, or any other source approved by the city council. C. Each application for advance -in -aid under this section shall include the following items which shall be evaluated by the city council prior to allocation of funds: 1. Requested amount of advance; 2. Any public purpose which may be served; 3. Number of acres served in the development; 4. Potential fees from the development; 5. Any direct benefit to the water system. D. The city council may approve or reject any or all parts of any application made for advance -in -aid under this section. Nothing contained in this section shall be construed as requiring the city to spend all or