HomeMy WebLinkAboutORD-50-79 CONCERNING THE MASTER PLAN OF DRAINAGE AND FEES RELATED THERETOGE CITY NEWS: Please publish WEDNESDAY, September 19. 1979 only and send PROOF
PROOF OF PUBLICATION to City Clerk, P.O, Box 449, Orange, California 92666,
HARILYNJ. _,!ENS-"':.~..rJT;;_,_c.!:Bj',l(.Repealed ByDId.
37-81 ORDINANCE NO.
50-79 AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ORANGE AMENDING SECTION 10043 (a) OF THE ORANGE
MUNICIPAL CODE CONCERNING THE MASTER PLAN
OF DRAINAGE AND FEES RELATED THERETO.WHEREAS,
the City Council held a public hearing on August 21,1979,
and subsequently adopted Resolution No. 5063 concerning the Master
Plan of Drainage, dated June, 1979; and WHEREAS,
said Master Plan designates proposed drainage facilities
on Plate 4 and drainage assessment fee areas on Plate
5 of the report.NOW,
THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN
AS FOLLOWS:SECTION
I:Section
10043 of Chapter 4 of Article X of the Orange Municipal Code
is hereby amended to read as follows:Section
10043 Fees The
payment of fees shall be required in the following instances,
according to applicable provisions of the Subdivision
Map Act:a)
Drainage 1)
As a condition precedent to approval of a tract map,
parcel map or other development project within
a drainage assessment area shown on the Master
Plan of Drainage, dated June, 1979, owners or
developers shall pay a drainage fee to the City of
Orange. The purpose of said fee shall be to defray
the estimated costs of constructing planned drainage
facilities for the removal of surface and storm
waters from said drainage assessment area.Fees
collected pursuant to this section shall be deposited
into a special account established for each
assessment area and funds therein shall be expended
solely for the construction or reimbursement for
construction of local drainage facilities within
the drainage assessment area from which the fees
comprising the account are collected and to reimburse
the City for the cost of engineering and administrative
services necessary to design and construct
said facilities. Reimbursement to owners
or developers who install local master-planned
drainage facilities which will benefit future
development within the drainage assessment area
shall be provided pursuant to California Government
Code sections 66485, 66486 and 66487.
2) The fees for each drainage assessment area, as
shown on Plate 5 of the Master Plan of Drainage,
dated June, 1979, on file in the office of the
City Engineer, shall be as follows:
AREA FEE (DOllars/Acre)
A
B
C
D
E
F
G
H
I
II
III
IV
V
VI
VII
VIII
IX
X
775
700
1,495
1,800
380
1,000
1,860
850
366
612
869
941
2,128
2,329
1,049
441
1,389
1,082
All fees set forth in this section shall be
automatically adjusted on January 1, 1980, and
on January 1 of each year thereafter. The
Engineering News-Record "20-
Cities Construction Cost Index" for January, 1979 shall be
the basis for
said adjustments.3) Consideration in lieu of fees required
pursuant to this section may be accepted by the
City
Council,
provided:c.The City Council finds upon
recommendation of the Director of Public Works that
the consideration proposed by the owner or developer
as a substitute for the fee has a value
equal to or greater than the
fee; and The substitute consideration is in
a form acceptable to the
City CounciL The foregoing notwithstanding,
the Director of Public Works shall have
authority to determine whether the drainage
obligation of the subdivision shall be satisfied
by payment of fees or by the construction of
Master Plan of Drainage facilities. Such
a determination shall be based on the Director'
s evaluation as to the need for protecting
the
public
interest.
a.b.i -
SECTION II:
This ordinance shall be published once within fifteen (15)
days after its passage in the Orange City News, a newspaper of
general circulation, published and circulated in the City of
Orange, and shall take effect thirty (30) days from and after
the date of its final passage.
ADOPTED this th day of September 1979.
u::::::> - <~-Mayor
of
the City of Orange ATTEST:C~{
h~
ygg;~ATE OF
CALIFORNIA )TY OF
ORANGE ) ss IT OF
ORANGE )I, MARILYN
J, JENSEN, City Clerk of the City of Orange, California,HEREBY CERTIFY
that the foregoing ordinance was introduced at a gular meeting
of the City Council duly held on the 28th day of August,79, and
thereafter at a regular meeting of said City Council duly held the 11th
day of September, 1979, was duly passed and adopted by the Howing vote,
to wit:AYES:NOES:
ABSENT:
COUNCILMEN:
Barrera,
Smith, Mayor Hoyt, Perez, Beam.COUNCILMEN: None
COUNCILMEN: None
WITNESS my
hand and seal this 12th day of September, 1979.M~~~n
9'- p~~
CityClerk of
the City of Orange 3-