HomeMy WebLinkAboutOrd 216 ORDINANCE NO. 216
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY,
CALIFORNIA, ESTABLISHING SPECIAL SANITARY SEWER AND WATER
FACILITIES FEE FOR FACILITIES CONSTRUCTED UNDER SPECIAL
II ASSESSMENT PROCEEDINGS
WHEREAS, the City Council of the City of Cathedral City, California, has
previously instituted proceedings and confirmed assessments in a special assessment
district pursuant to the terms and provisions of the "Municipal Improvement Act of
1913", being Division 12 of the Streets and Highways Code of the State of
California, said special assessment district known and designated as Assessment
District No. 85-1 (McCallum Way and Landau Blvd. ) (hereinafter referred to as the
"Assessment District") ; and,
WHEREAS, said Assessment District authorized the construction of certain
public improvements, including certain sanitary sewer and water improvements,
together with appurtenances and appurtenant work, to serve and benefit properties
within the boundaries of said Assessment District; and,
WHEREAS, at this time certain properties not within the boundaries of the
Assessment District could utilize certain of the sanitary sewer and water facilities
constructed by the Assessment District, and it has been determined that there is
adequate and sufficient capacity to allow said properties to use the facilities;
however, said facilities were not necessarily oversized to serve and benefit any
properties outside the boundaries of the Assessment District; and,
WHEREAS, at this time this City Council is desirous to establish a special
sewer and water facilities fee, said facilities fee to be applicable to all
properties or parcels outside the boundaries of the Assessment District which would
utilize those facilities constructed by the special Assessment District and funded
through bonds issued pursuant to those proceedings.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES ORDAIN AS
FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That this City Council does hereby establish special sanitary
sewer and water facilities fees to be paid at the time of obtaining a water or sewer
permit or building permit for properties abutting and outside the boundaries of the
above-referenced Assessment District for connection to either the sanitary sewer or
E water facilities constructed by the Assessment District. The facilities fees
payable at the time of obtaining a water or sewer permit, or building permit, shall
be as follows:
A. SANITARY SEWER FACILITIES FEE: $1,425.00 per developable lot
B. DOMESTIC WATER FACILITIES FEE: $1,262.00 per developable lot
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The above fees shall all be due and payable to the City before
issuance of a building permit or permit for water or sewer service. All fees, and
any interest earned thereon, shall be deposited in a separate account and used for
the benefit of the special Assessment District. Deposit of the fees, and any
interest earned thereon, into the Redemption Fund of Assessment District No. 85-1
(McCallum Way and Landau Blvd. ) shall be deemed to comply with this Ordinance.
SECTION 3. The fees established by this Ordinance may be included as an
incidental expense for any future special assessment district under the provisions
of either the "Municipal Improvement Act of 1913", being Division 12 of the Streets
and Highways Code of the State of California, or the "Improvement Act of 1911",
being Division 7 of said Code. If the fees are included as an incidental expense in
a special assessment district, any monies so collected shall be deposited to the
Redemption Fund for the benefit of Assessment District No. 85-1, and to the extent
that such fees are included in a future assessment district, a credit against the
fees established by this Ordinance shall be given.
SECTION 4. All fees, and any interest earned thereon, shall be applied as a
credit against the next installment or installments of debt service in the manner
and form as authorized by Section 10427.1 of the Streets and Highways Code of the
State of California.
SECTION 5. Any property owner or applicant who contends that the application
of the fees set forth herein is unlawful as it applies to his property, may apply to
the City for a waiver and/or reduction of said fees. Any application should be
writing and filed with the City Clerk not later than ten (10) days prior to the time
of the filing of any building permit application. The application shall state the
factual basis for the claim of waiver and/or reduction, and the City Council shall
consider the application within sixty (60) days after its filing. No building
permit shall be issued while the decision of the City Council is pending, and the
decision of the City Council shall be final. This procedure is in addition to any
other procedure authorized by law for challenging the fees as imposed by this
Ordinance.
SECTION 6. This Ordinance shall be of no further force and effect when the
City Council determines that the amount of the fees which have been collected
reaches an amount equal to the proportionate cost of the facilities or services for
which the fees are levied.
SECTION 7. Any judicial action or proceeding to attack, review, set aside,
void or annul this Ordinance shall be brought within the time period established by
Government Code §54995 after the effective date of this Ordinance.
SECTION 8. This Ordinance shall be effective thirty (30) days after its
adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause
this ordinance to be published or posted pursuant to the provisions of Government
Code Section 36933.
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of
Cathedral City, California, on July 6 , 1988;
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AND THEREAFTER ADOPTED at a regular meeting of the City Council of the City of
Cathedral City, California, held on the 26th day of July , 1988, by the
following vote:
AYES: DIGRANDI, HILLERY, KRINGS, MURPHY
LAND MAYOR HARDIE
NOES: NONE
ABSTAIN: NONE
1
ABSENT: NONE / i
`/4 ' W
MAYO'
ATTEST:
/ �f.Z.e. ZAP -
CI % CLERK
APPROVED AS TO FORM: APP•OVED TO Csk ENT:
Ad 'i , 1 ..
CITY ATTORNEY 71--'. 11Y MANAGER
HEREBY CERTIFY, UNDER PENALTY OF PERJURY, THAT THE
FOREGOING ORDINANCE NO. r,7//O WAS DULY ADOPTED
E BY THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY a1/4_,CALIFORNI ' .IN ' MEETING THEREOF HELD ON THE ,76
DAY OF ! -_,.. ,1988' , AND THAT SAME WAS POSTED
IN AT LE SST T' THREE PUBLIC PLACES SPECIFIED FOR SUCH
POSTINGS, BY THE SAID CITY COUNCIL.
aiwze2- A °4---,,
CITY CLERK
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