Section 23010.3 Of Chapter 1. General From California Government Code >> Division 1. >> Title 3. >> Chapter 1.
23010.3
. Upon adoption of an authorizing resolution by the board of
supervisors, in connection with the construction of any sanitary
sewer, storm sewer, or drainage improvements, a county may expend any
of its available funds for any additional cost of construction of
any conveyance works in excess of the construction required for the
current project, or for a portion of the cost of conveyance works
directly benefiting properties in an area outside the area to be
served by the current project, if the board of supervisors first
finds and declares in that resolution, that there is an area outside
the area to be served by the current project which may in the future
utilize the conveyance works; that additional construction of
conveyance works for the current project is necessary to serve the
outside area in the future; and that the board of supervisors will
have the right in the future to use, or to permit the use of, the
conveyance works and the additional construction which will benefit
the outside area. In lieu of a county contribution of funds for
additional construction or for a portion of the cost of the
conveyance works where an outside area is directly benefited, the
board of supervisors may agree to reimburse, from future connection
fees, any entity or person described in subdivisions (a) to (g),
inclusive.
The provisions of this section shall be applicable in cases in
which improvements are to be constructed by any of the following:
(a) A county pursuant to the "The Improvement Act of 1911,"
Division 7 (commencing with Section 5000) of the Streets and Highways
Code.
(b) A county pursuant to the "Municipal Improvement Act of 1913,"
Division 12 (commencing with Section 10000) of the Streets and
Highways Code.
(c) A county in any other manner.
(d) Any district which is governed by the board of supervisors of
the county in which the work is to be performed.
(e) Any district, not governed by the board of supervisors of the
county in which the work is to be performed, with which the board of
supervisors has contracted so as to assure the right of the county to
use the conveyance works and the additional construction, for the
future benefit of the outside area.
(f) Any incorporated city with which the board of supervisors has
contracted so as to assure the right of the county to use the
conveyance works and the additional construction, for the future
benefit of the outside area.
(g) Any person, if the works when completed are to be dedicated or
conveyed to the county or to a district governed by the board of
supervisors of the county in which the work is to be performed.
The board of supervisors may impose a connection fee upon any
person or district in the outside area to be paid to the county as a
condition to connecting to any conveyance works which have been
augmented by additional construction, or which have been found by the
board of supervisors to directly benefit the outside area, pursuant
to this section. The connection fee shall be a prorated share of the
total cost of the additional construction, or of the portion of the
costs of the conveyance works where an outside area is directly
benefited. The fee may include a reasonable amount for administrative
costs associated with the collection of the fee and to provide
reimbursement to an entity or person described in subdivisions (a) to
(g), inclusive. In computing the total cost of the additional
construction, or of the portion of the costs of the conveyance works
where an outside area is directly benefited, the board of supervisors
shall include an amount attributable to interest from the date of
completion of the construction to the date of connection and, in the
event the board of supervisors agrees to reimburse, from future
connection fees, any entity or person described in subdivisions (a)
to (g), inclusive, all accrued interest shall be payable to that
entity or person.
This section shall not decrease or limit any other power vested in
counties or boards of supervisors.