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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 031191 • 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; G31132 • • 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 G31193