HomeMy WebLinkAbout85-135i
BARD ~F S`UPERV'ISORS
C4UNTY.OF BLITTF,_STATE OF CALIFQRN[A, '
Resolufion No. 85-135
RESOLUTION AUTHORIZING SIGNATURES ON
SEWER ASSESSMENT DISTRICT AND STORM
DRAINAGE DISTRICT AGREEMENTS
WHEREAS, the Butte County Board of Supervisors adopted
Resolution 85-27 approving a Nitrate Action Plan for the Greater
Chico Urban area; and
WHEREAS, such Nitrate Action Plan allows new development
subject to meeting certain criteria and the property owner executing
a written covenant agreeing not to protest any sanitary sewerage
and/or drainage assessment levied pursuant to an assessment district
or service area; and
WHEREAS, this Board has approved a Sewer Assessment
District Agreement and a Storm Drainage Assessment District Agreement;
and
WHEREAS, it is the intent of this Board to simplify the
procedure as much as possible for the convenience of the public;
NOW, THEREFORE, BE IT RESOLVED 6y this Board that Lynn
Vanhart, Director of Environmental Health, or Tom Reid, Supervising
Sanitarian, are authorized to sign such agreements on behalf of the
County of Butte.
PASSED AND ADOPTED by the Butte County Board of Supervisors
this 20th day of August 19$5 by the following vote:
AYES: Supervisors Dolan, McInturf, McLaughlin, Wheeler and Chairman Fulton
NOES: None
ABSENT: None
NOT VOTING: None
L N FULTON, Chairman of the
Butte County Board of Supervisors
ATTEST:
MARTIN J. NICHOLS, Chief Administrative
Officer and Clerk of the Board
g ~P~
CITX O>F' CHICO
Administrative Procedure and Policy Manual
Subiact: Number:
BUTTE COUNTY SEWER AND/OR STORM DRAINAGE I1-
ASSESSMENT DISTRICT AGREEMENT - GREATER Effec~fwe Date:
CHICO URBAN AREA
Department{s) Affected: Supersedes:
file Reference(iJ: Authority:
L
AGR
l
4 Res. No. I41 84-$5; Sec. 2.I2.OI0 CMC
~..
-
-
. -
Approved:
I. PURP05E:
To establish a procedure for recording and maintaining sewer and/or
storm drainage assessment district agreements between Butte County and
owners of property within the unincorporated area of the Greater Chico
Urban Area.
II. BUTTE COUNTY POLICY:
A. As a condition of issuance of a permit for installation of a
septic tank and leach field system an property within the greater
Chico Urban Area, Butte County will require property owners of
such property to enter into a "5 ewer Assessment District Agreement
-- Greater Chico Urban Area" (Exhibit "ln} (AGREEMENTS} by which
the owners will waive rights of protest to assessment district
proceedings for sewer facilities.
8. As a condition of issuance of a permit far installation of a
temporary leachfield type storm drainage system, or as a condition
of a building permit in cases where storm drainage facilities are
. not required to be installed, on property within the Greater Chi co
Urban Area, Butte County will require property owners of such
property to enter into a "Storm Drainage Assessment District
Agreement - Greater Chico Urban Area" (Exhibit "2") AGREEMENTS}
by which the owners will waive rights of protest to assessment
district proceedings for storm drainage facilities.
III. PROCEDURE:
A. Prior to issuance of a septic permit, a permit for the
installation of a temporary leachfield type storm drainage system,
or a building permit in cases where storm drainage facilities are
not required to be installed, Butte County (COUNTY? will:
1. Obtain from the property owner a preliminary title report or
lot book report for the property.
2. Prepare a standard form of AGREEMENTS} (~EXHISIT "1" and/or
EXHIBIT "2") as follows:
a. Complete all blank spaces in the AGREEMENT(S).
b. Type all owners' names on the AGREEMENTS} (page 4}
PAGE 1 0 F 2
7.I-
Butte County 5ew~.., and/or Storm Drainage -.
Assessment District Agreement -
Greater Chico Urban Area
exactl as shown
c. Attach as Exhibit
report.
d. Attach as Exhibit
{Assessor's Parce
3. Have the AGREEMENT{S)
notarized.
on the title report.
"A" the legal description from the title
"B" a plat delineating the property
Map acceptable).
signed by all owners and each signature
4. Have the AGREEMENT(S) signed by the appropriate Butte County
Official and the signature notarized.
5. Forward the original AGREEMENT{S) to the City of Chico {CITY]
City Manager's Office along with a copy of the title report.
B. The CITY will:
1. Review the AGREEMENT{S) and contact the COUNTY if any
corrections are required.
2. Forward the AGREEMENT{S) to the title company for recording.
3. Upon receipt of the recorded AGREEMENT{S), distribute copies
as follows:
a. Butte County Environmental Health - Chico Office
b. Butte County Department of Public Works
c. City Department of Public-Works
d. Original in City Manager's Office files
~s - }~S
,-~.uF 2 OF 2
2
4'
J
G
7
S
J, 0
11
]2
X3
19I
x~l
1G
I7
18
1G
20
2f
22
2~
2~
25
2G
27
28
STORM DRAINAGE ASSESSMENT DISTRICT AGREEMENT - GREATER CHICO IiRBAN AREA
{WHEN TEMPORARY STORM DRAINAGE FACILITIES ARE REQI~IRED)
{ )
THIS AGREEMENT, made and executed on
a {an)
{hereinafter referred to as "Developer"), and the County of Butte, a po.7itical
subdivision of the State of California (hereinafter referred to as "County").
WITNESSETH:
WHEREAS, Developer is the owner of that certain property situated in the
County of Butte, State of California, designated by the Butte County Assessor
as Assessor's Parcel No. all as more
particularly described and delineated in Exhibits A and B attached hereto and
by this reference incorporated herein {hereinafter referred to as "the
{ Property"); and
~ WHEREAS, Developer, desiring to improve the Property with a building or
structure, has applied to County for a permit which would authorize
construction and installation of a temporary leach field type storm drainage
system on the Property to be utilized by the occupants of such building or
j structure as their sale means of storm drainage disposal; and
WHEREAS, County, as a condition of issuing a permit authorizing
19 by and between
construction and installation of a temporary leach field type storm drainage
system, has required Developer to enter into this agreement providing for the
waiver of Developer's right of protest to assessment district proceedings
initiated by County, the City of Chico, or any other governmental entity which
includes the Property within the district boundaries and which are conducted
for the purpose of constructing and installing public storm drainage
facilities {hereinafter referred to as "storm drainage assessment district
proceedings"); and also providing for the connection of all storm drainage
facilities on the Property to any public storm drainage facilities constructed
CA 6/10/85
Page 1 of 4
~MM~ p ~~ ~64 r~} ~4
1
2
3
J
7
8
1a
1~
12
13
14
15
1G
]7
18
1~
20
21
22
23'
24'
25,
26
27
28
and installed within a public right of way or public easement adjoining the
Property as part of such storm drainage assessment district proceedings.
WHEREAS, County has made such requirement a condition of the issuance of
a permit authorizing the construction and installation of a temporary leach
field type storm drainage system in order to implement the provisions of the
"Nitrate Action Plan for the Greater Chico Urban Area", which plan was adopted
by Resolution No. 85--27 of the Board of Supervisors of County for the purpose
of ameliorating the nitrate problems that exist in the groundwater underlying
the greater Chico urban area and for the purpose of preventing further
impairment of such valuable groundwater resources.
NOW, THEREFORE, in consideration of the premises hereinbefore set firth,
f Developer and County agree as follows:
1. peve7oper agrees to waive all rights of protest provided for under the
i genera1 statutes of the State of California and/or local ordinances to any
storm drainage assessment district proceedings conducted by County, the
City of Chico, or any other governmental entity, including but not limited
to all rights of protest to such storm drainage assessment district
proceedings provided for under the Special Assessment Investigation,
Limitation, and Majority Protest Act of 1931 (California Streets and
Highways Code Section 2800 et seq.). Provided, that Developer's waiver of
such right of protest shat 1 be conditioned on a finding made by resolution
adopted by a majority vote of the Board of Supervisors of County, the City
Council of the City of Chico, or the governing body of any other
governmental entity conducting storm drainage assessment district
proceedings, on or before the date of ordering the construction and
installation of the public storm drainage facilities to be provided as
part of such storm drainage assessment district proceedings, that such
public storm drainage facilities are necessary in the interest of the
CA 6/10/85 Page 2 of 4
1 public health and necessity.
2 2. Developer further agrees that, upon initiation of storm drainage
3 assessment district proceedings, County, the City of Chico, or any other
4 governmental entity conducting such storm drainage assessment district
5 proceedings shall have the right to enter upon the Property and construct
6 thereon any storm drainage laterals and other facilities that may be
7 necessary to connect the storm drainage facilities located an the Property
$ to the storm sewer constructed and installed within a public right of way
0 or public easement adjoining the Property as part of the storm drainage
10 assessment district proceedings; and, in connection therewith, to include
1] ~ within the assessment levied against the Property as part of the storm
I
12 drainage assessment district proceedings an amount equal to the cast of
13 constructing and installing such storm drainage laterals and other
14 j facilities plus an amount equal to the storm drainage fees charged by the
I
15 I operator of the storm drainage system to which the Property is being
1~ connected as a condition of approving such connection. Provided that, as
1i ~ an alternative to the foregoing, Developer shall, at the election of
1g I County, the City of Chico, or other appropriate governmental entity
10 ~ conducting storm drainage assessment district proceedings, be required to
20 construct and install such storm drainage laterals and other facilities
21 ~ and to pay such storm drainage fees, all at Developer's sole cast and
22 ; expense and within the time specified in a written notice to be served
23 upon Developer by County, the City of Chico, or other governmental entity
24 conducting such storm drainage assessment district proceedings after
25 completion of the public storm drainage facilities to be constructed and
2G installed as part of the storm drainage assessment district proceedings.
27 3. 1-his agreement and a71 duties and obligations of Developer hereunder shall
2g be binding on Developer and all of Developer's heirs, successors, and
CA 6/10/85 Page 3 of 4
1
2
3
4
5
G
7
8
s
10 ~,
11,,
121
13
I4
151
1G
17
18
1:1
20
21
22
23
24
25
26
27
28
assigns for a period of 2a years following the date hereof and shall inure
to the benefit of and be enforceable by County, the City of Chico, or any
other governmental entity conducting storm drainage assessment district
proceedings.
IN WITNESS WFlEREOF, the parties hereto have executed this agreement on
the dates set forth below.
ate
ate
APPROVED AS Ta FQRM:
BUTTE COUNTY CauNSEL'S aFFICE
By
Name
Title
*A11 signatures are to be acknowledged.
CA 5/l 0/85
COUNTY OF BUTTE
By
Name
Title
*
Deve oper
Page 4 of 4
I
2
3
4'
5
GI
~I
s
10
11
I2
I3
14
I5
1G
I7
18
IJ
20
21
22
23
2~4
25
26 ! I
27
28
STORM DRAINAGE ASSESSMENT DISTRICT AGREEMENT -- GREATER CHICO URBAN AREA
(WHEN TEMPORARY STORM DRAINAGE FACILITIES ARE NOT REQUIRED)
( ~
THIS AGREEMENT, made and executed on
39 by and between
, a (an)
(hereinafter referred to as "Developer"), and the County of Butte, a political
subdivision of the State of California (hereinafter referred to as "County").
W I T N E S S E T H
WHEREAS, Developer is the owner of that certain property situated in the
County of Butte, State of California, designated by the Butte County Assessor
as Assessor's Parcel No. all as more
,particularly described and delineated in Exhibits A and B attached hereto and
by this reference incorporated herein (hereinafter referred to as "the
Property" ); and ~
WHEREAS, Developer, desiring to improve the Property with a building or
structure,~will not be required to install storm drainage facilities on the
property at the time of development; and
WHEREAS, County, as a condition of allowing Developer to develop said
property without installing storm drainage facilities, has required Developer
to enter into this agreement providing for the waiver of Developer's right of
protest to assessment district proceedings initiated by County, the City of
Chico, or any other governmental entity which includes the Property within the
district boundaries and which are conducted for the purpose of constructing
and installing public storm drainage facilities (hereinafter referred to as
"storm drainage assessment district proceedings"); and also providing far the
construction and connection of all storm drainage facilities on the Property
to any public storm drainage facilities constructed and installed within a
public right of wady or public easement adjoining the Property as part of such
storm drainage assessment district proceedings.
CA 6/10/$5 Page 1 of 4 ~~W~ ~ (~~ d6~j 44
1
2
3
4
5
G
7
8
10
I]
121
WHEREAS, County has made such requirement a condition of the issuance of
a building permit in order to implement the provisions of the "Nitrate Action
Plan for the Greater Chico Urban Area", which plan was adopted by Resolution
No. 85-27 of the Board of Supervisors of County for the purpose of
ameliorating the nitrate problems that exist in the groundwater underlying the
greater Chico urban area and for the purpose of preventing further impairment
of such valuable groundwater resources.
HOW, THEREFORE, in consideration of the premises hereinbefore set forth,
]eveloper and County agree as follows:
1. Developer agrees to waive all rights of protest provided far under the
general statutes of the State of California and/or local ordinances to any
storm drainage assessment district proceedings conducted by County, the
City of Chico, or any other governmental entity, including but not limited
to all rights of protest to such storm drainage assessment district
I3~~
I
~4
15
IG
17
18
I'.]
2(~
22
22
23
2~
25
2G I
27 ~
28 !
proceedings provided for under the Special Assessment Investigation,
Limitation, and Majority Protest Act of 1931 (California Streets and
Highways Code Section 2800 et seq.).- Provided, that Developer's waiver of
such right of protest shall be conditioned on a finding made by resolution
adopted by a majority vote of the Board of Supervisors of County, the City
Council of the City of Chico, or the governing body of any other
governmental entity conducting storm drainage assessment district
proceedings, on or before the date of ordering the construction and
installation of the public storm drainage facilities to be provided as
part of such storm drainage assessment district proceedings, that such
public storm drainage facilities are necessary in the interest of the
public health and necessity.
2. Developer further agrees that, upon initiation of storm drainage
assessment district proceedings, County, the City of Chico, or any other
CA 6/10/85 Page 2 of 4
1~
2
3
4
5
6
7
0
10
11
12
13
14
15
1G
17
18
10
20'
21
22
231
24
25
2G
27
28
governmental entity conducting such storm drainage assessment district
proceedings shall have the right to enter upon the Property and construct
thereon any storm drainage laterals and other facilities that may be
necessary to connect the storm drainage facilities located on the Property
to the storm sewer constructed and installed within a public right of way
or public easement adjoining the Property as part of the storm drainage
assessment district proceedings; and, in connection therewith, to include
within the assessment levied against the Property as part of the storm
drainage assessment district proceedings an amount equal to the cost of
constructing and installing such storm drainage laterals and other
facilities plus an amount equal to the storm drainage fees charged by the
operator of the storm drainage system to which the Property is being
connected as a condition of approving such connection. Provided that, as
an alternative to the foregoing, developer shall, at the election of
County, the City of Chico, or other appropriate governmental entity
conducting storm drainage assessment district proceedings, be required to
construct and install such storm drainage laterals and other facilities
and to pay such storm drainage fees, ail at Developer's sole cost and
expense and within the time specified in a written notice to be served
upon Developer by County, the City of Chico, or other governmental entity
conducting such storm drainage assessment district proceedings after
completion of the public storm drainage facilities to be constructed and
installed as part of the storm drainage assessment district proceedings.
3. This agreement and all duties and obligations of Developer hereunder shall
bebinding on Developer and a17 of Developer's heirs, successors, and
assigns fora period of 20 years following the date hereof and shall inure
to the benefit of and be enforceable by County, the City of Chico, or any
other governmental entity conducting storm drainage assessment district
CA b/,l 0/85 Page 3 of 4
1
2
3
4
5
G
S
9
10
11
12
13
14
151
1G
li
18
19
20
21
22
23
24
25
26
27
28
proceedings.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the dates set forth below.
COUNTY OF BUTTE
Date
Date
APPROVED AS TO FORM:
BUTTE COUNTY COUNSEL'S OFFICE
By
Name
Title
*All signatures are to be acknowledged. ,
CA 6/10/85
By *
Name
Title
*
Deve oper
Page 4 of 4
2
3
4
5
G
..
1
9
10
11
12
~3
I4
15
1G,
1iI
I S'.
10~
20
2I
22
23
24
25 i,
2G
27
28
RESOLUTION N0.
(GOdlfle~^
RESOLUTION OF THE COUNCIL OF THE CITY OF CHICO
AMENDING TITLE 18R ENTITLED "DESIGN CRITERIA AND IMPROVEMENT STANDARDS"
OF THE CHICO MUNICIPAL GODE TO IMPLEMENT PROVISIONS OF THE
"NITRATE ACTION PLAN - GREATER CHICO URBAN AREA - BUTTE COUNTY"
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CHICO AS FOLLOWS:
1. That a new Subpart J entitled "TEMPORARY LEACHFIELD TYPE STORM DRAIN-
AGE SYSTEM" is hereby added to Section 18R.O8.050 entitled "storm Drainage" of
Ithe Chico Municipal Code to read as follows:
"J. TEMPORARY LEACHFIELD TYPE STORM DRAINAGE SYSTEM
1. PERCOLATION TESTS SHALL BE CONDUCTED IN ACCORDANCE WITH ENVIRONMENTAL
HEALTH DEPARTMENT PROCEDURES. TESTS SHALL BE TAKEN AT THE PROPOSED
DEPTH OF THE DRAINAGE TRENCHES} AT ENOUGH LOCATIONS TO VERIFY THE
DRAINAGE CAPACITY OF THE SOIL. PERCOLATION RATE SHALL BE CONVERTED
FROM MINUTES/INCH TO CUBIC FEET PER SECOND/SQUARE FOOT.
2. THE TRENCH(ES) SHALL BE DESIGNED TO CONTAIN A ONE-IN-TEN-YEAR
FREQUENCY STORM.
3. THE BOTTOM OF THE TRENCH(ES) SHALE. BE AT LEAST FIVE (5} FEET ABOVE ANY
WATER TABLE AND THERE SHALL BE AT LEAST FIVE (5} FEET OF PERCABLE SOIL
BELOW THE BOTTOM OF THE TRENCH.
4. USE RATIONAL FORMULA, Q~CIA, TO DETERMINE INFLOW INTO TRENCHES}.
5. USE ONE-THIRD OF THE TRENCH VOLUME AS VOID AREA IN COMPUTING AMOUNT OF
STORM WATER STORAGE AVAILABLE IN TRENCHES}. ROCK SIZE IN TRENCHES}
SHALL BE FROM 1/2" 70 4" IN SIZE.
6. USE 50~ OF THE TRENCH BOTTOM AREA AND ONE-HALF OF THE DEPTH OF THE
TRENCH SIDE WALLS AND END WALLS IN DETERMINING THE AREA AVAILABLE FOR
PERCOLATION OUT OF THE TRENCH{E5}.
7. WHERE MORE THAN ONE TRENCH IS UTILIZED, THERE SHALL BE A MINIMUN
SEPARATION OF FOUR (4) FEET BETWEEN TRENCH WALLS.°
i
1
2
3
5
6
8
9
10
11
I2
13
14'
15
IG
17
18
19
20
21
22
23
24
25
2G
27
28
2. That Table A entitled "CHICO AREA RAINFALL INTENSITY - DURATION -
FREQUENCY DESIGN CHART" be hereby repealed and in lieu thereof there be fixed
and adopted a new Table A entitled "CHICO AREA RAINFALL INTENSITY - DURATION -
FREQUENCY DESIGN CHART" as set out in Exhibit "A" attached hereto and by this
reference incorporated herein.
3. That the CITY OF CHICO DESIGN CRITERIA AND IMPROVEMENT STANDARD PLAN
N0. 5-24 entitled "STANDARD 30" DRYWELL pN PUBLIC R.O.W." be hereby repealed.
The foregoing resolution was adopted at the meeting
of the City Council, City of Chico, on this day of 1985,
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED AS TO FORM:
[ Barbara A. Evans, City C]erk
Robert G. Boehm. City Attorney
~ _2_