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HomeMy WebLinkAboutOrd 186 ORDINANCE NO. 186 AN ORDINANCE OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, ADDING CHAPTER 14.32 TO THE CATHEDRAL CITY MUNICIPAL CODE TO AUTHORIZE REIMBURSEMENT AGREEMENTS TO REIMBURSE SUBDIVIDERS OR DEVELOPERS OF SINGLE PARCELS TO BE DEVELOPED FOR COSTS INCURRED IN SUPPLEMENTAL SIZING OF IMPROVEMENTS BENEFITING PROPERTY NOT WITHIN THE SUBDIVISION OR SINGLE PARCEL TO BE DEVELOPED, AND PROVIDING FOR CHARGES ON PROPERTY BENEFITED. The City Council of the City of Cathedral City does ordain as follows: SECTION 1. Chapter 14.32 is added to the Cathedral City Municipal Code, to read as follows: "Chapter 14.32 Sections: 14.32.010 Supplemental Sizing of Improvements 14.32.020 Reimbursement Agreement Upon Approval 14.32.030 Terms of Reimbursement Agreement 14.32.040 Methods of Paying Costs 14.32.050 Report from City Engineer 14.32.060 Determination of Benefit 14.32.010 Supplemental Sizing of Improvements. Improvements to be installed by the subdivider or land developer of any parcel or parcels of property for the benefit of the subdivision or single parcel to be developed shall contain supplemental size, capacity, number, and length for the benefit of property not within the subdivision or single parcel to be developed as determined to be necessary by the City Engineer. Such improvements shall be dedicated to the public. This ordinance is adopted pursuant to Government Code, Sections 66485 through 66487, inclusive. 14.32.020 Reimbursement Agreement Upon Approval . When a subdivider or land developer is required to provide supplemental size, capacity, number or length in excess of the construction required for the subdivision or single parcel to be developed, for the benefit of property not within the subdivision L or single parcel to be developed, under the provisions of this chapter, the City shall , upon recommendation of the City Engineer and approval of the City Council , enter into an agreement with the subdivider or land developer to reimburse the subdivider or land developer for that portion of the cost of such improvements, equal to the difference between the amount it would have cost the subdivider or land developer to install such improvements to serve the subdivision or single parcel to be developed only and the actual cost of such improvements. The agreement may, but shall not necessarily, provide for payment to the subdivider or developer of an amount attributable to interest, as the Council may direct. The reimbursement agreement shall contain at least the provisions specified in this chapter. - 1 - �' Li ` 14.32.030 Terms of Reimbursement Agreement. The reimbursement agreement shall be prepared by the City Attorney, and shall include: A. City shall be obligated to make reimbursements to subdivider or land developer only when and as City obtains funds from benefiting property owners as such benefiting property owners eventually improve their property. B. Any funds paid by benefiting property owners to the City need not be paid over to the subdivider or land developer until the limitations period for k instituting court action to seek a refund of such funds paid under protests has passed, and no court action has been instituted; in the event court action is instituted, City shall not pay over such funds to the subdivider or land developer until the court action has been finalized and the authority of the City to collect such charges has been sustained. C. The City shall have the right to turn over the defense of any action seeking refund of amounts paid under protest to the subdivider or land developer; if the subdivider or land developer fails to undertake the defense of the action at subdivider's own expense, the City may stipulate to return of the funds so paid under protest by or on behalf of the owner or owners of any such benefiting property, and the City shall not be further obligated to subdivider or land developer as to any such funds so refunded. In the event a court action is maintained to prevent the City from collecting such funds from benefiting property owners, the City shall have the right to turn over the defense of that action to the subdivider or land developer, who shall agree to hold the City harmless from any and all liability thereunder; in the event the subdivider or land developer fails to undertake defense of the action at subdivider's or land developer's sole expense, the City may stipulate to cease collecting such funds, or enter into any other settlement of the litigation acceptable to the City, and subdivider or land developer shall lose any right to reimbursement under the reimbursement agreement. D. The reimbursement agreement shall provide for reimbursement of all funds when and as collected, without interest, unless the Council otherwise determines. Under no circumstances shall the City be deemed liable for any funds not so collected from benefiting property owners. 14.32.040 Methods of Paying Costs. In order to pay the costs provided for in the reimbursement agreement, the City may: A. Collect from other persons, including public agencies, using such improvements for the benefit of real property not within the subdivision or single parcel to be developed, a reasonable charge for such use; collection of these charges may be deferred until such time as the other persons using such improvements improve their property through construction or through subdivision. B. Contribute to the subdivider or land developer that part of the cost of the improvement that is attributable to the benefit of real property outside the subdivision or single parcel to be developed, upon a determination by the City that it is in the public interest so to do; the City shall thereafter levy a charge upon the real property benefited to reimburse itself for such cost as paid to the subdivider or land developer, together with interest thereon. - 2 - C. Establish and maintain local benefit districts for the levy and collection of such charge or costs from the property benefited. 14.32.050 Report from City Engineer. Prior to entering into a reimbursement agreement pursuant to this chapter, the City Council shall receive a report from the City Engineer describing in detail the area outside the subdivision or single parcel to be developed which is benefited by the supplemental sizing, capacity, number or length of improvements required, and recommending the apportionment of the costs of such improvements based upon the benefit to such property outside the subdivision or single parcel to be developed. The apportionment of benefit shall be on the basis of frontage upon such improvements, acreage served by such improvements, or any other formula rationally related to actual benefit. The City Council may approve the report as submitted, or modify the report, and the action of the City Council thereon shall determine the benefit to each piece or parcel of property outside the subdivision or single parcel to be developed benefited by such improvements, establish the amount or amounts to be charged such properties, and direct the method of collection of the costs of such improvements. The action of the City Council shall be final . 14.32.060 Determination of Benefit. In determining the benefit to each piece or parcel of property outside the subdivision or single parcel to be developed which benefits from the improvement, the City Council shall , unless consent of all affected property owners is filed with the City, hold a public hearing thereon and give notice by mail to property owners of record who would be affected by such determination, and provide to all such property owners an opportunity to appear and be heard upon the proposed determination of benefit and method of apportioning of costs thereof. Notices shall be sent to affected property owners of record as shown on the last equalized assessment roll at least thirty (30) days prior to the hearing. Any action by the City Council under this chapter shall be taken only at a regular or special meeting of the City Council for which pubic notice has been given as required by the Ralph M. Brown Act, as amended." SECTION 2. SECTIONS ARE INTERDEPENDENT. This ordinance is adopted as an integral unit, with each section dependent upon each other section. This ordinance would not have been adopted except as an integrated whole. If any part or portion hereof is determined to be void or unenforceable, the entire ordinance shall be null and void. SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after passage. SECTION 4. POSTING. The City Clerk shall within fifteen (15) days after passage of this ordinance, cause it to be posted in at least the three L (3) public places designated by resolution of the City Council ; shall certify to the adoption and position of this ordinance; and shall cause this ordinance and its certification, together with proof of posting, to be entered in the book of ordinances of this City. 6 - 3 - t) 't` ..J The foregoing ordinance was approved and adopted at a meeting of the City Council held on August 19, 1987 by the following vote: Ayes: Councilmembers Di Grandi, Hillery, Krings, Murphy and Mayor Paquette LNoes: None Absent: None AY6 ' TTEST / ' bP rZ2-1/ CIT C ERK APPROVED AS TO FORM: APPROVED £S TO CONTENT: /// i ‘1.. i CITY ATTORNEY / / W �`� ►ITY M A� I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE NO. 1R Co WAS DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, IN A MEETING THEREOF HELD ON THE H l DAY OF' ' " 19$'`_1_, AND THAT SAME WAS POSTED IN AT LEAST THE TH E PUBLIC PLACES SPECIFIED FOR SUCH POSTINGS, BY THE SAID CITY COUNCIL. [ )2?/ et CITY CLERK - 4 -