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Home My WebLink About1017 - Water & Sewer Main Construction0 AFFIDAVIT OF PUBLICATION NEWPORT HARBOR ENSIGN STATE OF CAMFORNIA I County of Orange as. I .ARVO E. HAAPA ....................... .......................... being first duly sworn, and on oath depose and say that I am the printer and publisher of the Newport Harbor Ensign, a weekly newspaper printed and published in the City of Newport Beach, County of Orange, State of California. and that the... Ordinance No... ...1017 of which copy attached hereto is a true and complete copy, was printed and published in the regular issue(s) of said newspaper, and not in a supplement, .....1............ consecu- tive times: to -wit the issue(s) of Nov. 22, 1962 ................. N ry Public in and fo the County of Orange, State of California. 037 dQN&J JON EXPIRES N". so, 9.,. • ORDINANCE NO, 1017 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 6 TO ARTICLE VII OF THE NEWPORT'BEACH MUNICIPAL CODE RELATING TO THE CONSTRUCTION OF WATER MAINS AND SEWER MAINS' " The City Council of the City of Newport "Beach. does ordain as follows: SECTION 1. ' Chaptet 6 is add ed to Article Vll of the Newport Beach Municipal Code to read: "Chapter 6 CONSTRUCTION OF WATER MAINS AND SEWER MAINS SECTION 7600. Policy. It is the policy of the. City tore - quire the owners of property served by water mains or sewer mains to pay the cost of con- struction of such mains as near- ly as can reasonably be done. SECTION 7601.Construction of Mains: Areastobe Served. 'Costs. of Construction. Con - nection,Charges. Whensewer mains or water mains complete with service connections to the property line, if required by the City, are constructed by a person or the money therefor advanced by a person at any time after January 1, 1960, or where the same are constructed or contributed to by the City, the Public Works Director shall, at the direction of the City Manager or upon appli- cation of the person construct- ing such mains or advancing the money therefor, determine the area of land which will be benefited by the construction of said mains and the amount to be paid for connection thereto by the owners of each parcelof land withinthebene- fited area. Such application by theperson constructing the main or advancing the money therefor must be made not later than sixty (60) days after the completion of said con- struction or not later than sixty (60)days after the effec- tive date of this section for projects completed prior th- ereto. At the time connections are made to such mains to serve a parcel or a portion thereof, theowner of the land robe served by such connect- ion or the person applying for the connection shalbpay a pro- portionate share of the amount previously determined by the :Public Works Director for the parcel. The charges establish- ed pursuant hereto are in ad- dition to all other charges re- quired in this Code. The amount to be paid to connect any parcel shall be fixed in a manner that will re- cover as nearly as possible that portion of the entire cost of the mains that has the same ratio that the area of the par- ticular parcel has to the en- tirebenefited area: provided, however, that the amount ma y be increased or decreased by the Public Works Director if the cost of construction of mains to serve the particular parcel orthe parcel owned by the person constructing the mains or advancing the funds therefor would be more or less than the standard costs of such mains because of terrain or other special conditions, and provided further that the total amount iecovered as connect- ion charges shall not exceed the entire initial cost of con- struction. Anyone dissatisfied with a decision of the Public Works Director may within five (5) days after receiving notice of such ruling or determination appeal to the City Council by filing written notice with the City Clerk, and the decision of the City Council thereon shall be final. SECTION 7602. Contract with Property Owner Construc- ting Mains or Advancing Mon - 'a. Upon application, within ORDINANCE 1017 -- Page 1 • • i 's • the time limits set out in Sec- tion 7601, of the person con - structing sewer or water mains or paying the cost thereof as as provided in this chapter, the City shall enter into a contract providing for the reimburse- ment to such person of the a- mounts collected from persons other than his successors for connecting to such mains . Suchcontract shall refer to or adopt the determination of the Public Works Director as to the area to be benefited, the cost of construction of such mains, and the amount to be collected for each parcel within said area. Such reimbursement may be made only-as to.a- mounts collected within ten (10) years following the date the facilities are completed and accepted by the City. Only such amounts as are actually collected by the City within such ten -year period shall be reimbursed to the per- son constructing the mains or advancing the money therefor, and neither the City nor any officer or employee thereof shall be liable to such person for any amount that is not collected. Any connection charge col- lected after such ten -year period and the portion of any such charge attributable to the cost of construction paid by the City shall be retained by the City. SECTION 2. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective '30 days after the date of its adoption. This ordinance was introduced at a regular adjourned meeting of the City Council of the City of Newport Beach held on the 29thdayof October, 1962, and was adopted on the 13th day of November, 1962, by the follow- ing vote, to wit: AYES, COUNCILMEN: Stoddard, Gruber, Cook, Hart, Marshall, Elder. NOES, COUNCILMEN: None. ABSENT COUNCILMEN: Lorenz. Charles E. Hart Mayor ATTEST: Margery Schrouder ' City Clerk J� ORDINANCE 1017 -- Page 2 • • 0 STATE OF CALIFORNIA COUNTY OF ORANGE SS. CITY OF NEWPORT BEACH I, .......Margery.S..c r- au dez ........... ..... .................... ...... City Clerk of the City of Newport Beach, California, do hereby certify that the foregoing ......._Qndigx}nce ........................................... - No ..... IM7 ...... ................was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the .... 13111:. ......... day, of. ....... NQY.am er ............................. 19-62— by the following vote: AYES: COUNCILMEN......... ------- • NOES: COUNCILM • ABSENT: COUNCILMEN ..... .. .... Lorenz ....... .......... Dated this ..... 21ath ........ day of- ° ........... Decex: ibex--------------------------- ---------------- ------- --- -- - -- 19 -6a. N8 130 -500 12/56 fib-- E--l-`_ -- Ci4y Clerk a d E;--Of �cio Clerk of the City Council, City ewport each, State of California