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.
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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.
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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.
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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 '
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APPROVED AS TO FORM: APPROVED £S TO CONTENT:
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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
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