ORD-37-81 CONCERNING THE MASTER PLAN OF DRAINAGE AND FEES RELATED THERETO AND REPEALING ORDINANCE NO 50-79I~
ORDINANCE NO. 37-
81 AN ORDINANCE OF THE CITY COUNCIL OFTHECITYOFORANGEAMENDINGSECTION16.16.140 OF THE ORANGE MUNICIPAL CODECONCERNINGTHEMASTERPLANOFDRAINAGEAND
FEES RELATED THERETO AND REPEALING
ORDINANCE NO.
50-79.WHEREAS, the City Council, on September 11, 1979, adopted Ordinance No. 50-79 which established arevisedfeestructurepertainingtostormrunoffcontrolfacilitiespursuanttoResolution
No. 5063; and WHEREAS, Resolution No. 5569 was adopted onNovember10, 1981,following a scheduled public hearing pertaining
to said matter;said Resolution (1) adopted an amended MasterPlanofDrainagedatedMay1981and (2) rescinded Resolution
No. 5063; and WHEREAS, said amended Master Plan
designates proposed amended drainage facilities on Plate 4 and drainage
assessment fee areas on Plate 5 of said amended Master Plan
of Drainage report.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY
OF ORANGE DOES
ORDAIN AS
FOLLOWS:SECTION I:Section 16.16.140 of the Orange Municipal Code
is hereby amended to
read as follows:Section 16.16.
140 Drainage Fees The payment of fees shall be required in
the following instances,according to applicable provisions of the
Subdivision Map Act:A. 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 May 1981, 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 ser~vices necessary to design
and construct sald facilities. Reimbursement
to owners or developers who install
loca~ master ~lanned drainage facilities which
wlll beneflt future development within the
drainage assess~ent .area shall be provided
pursuant to Callfornla Government Code Sections 66485,
B. The fees for each drainage assessment area, as
shown on Plate 5 of the Master Plan of
Drainage dated May 1981, 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
924
835
1,783
2,146
453
1,902
2,218
1,014
398
721
1,042
1,229
2,539
2,841
1,259
781
1,914
1,294
C. All fees set forth in this section shall be
automatically adjusted on January 1, 1982.
The percentage change in the Engineering
News-Record, Los Angeles Area
Construction Cost Index for the preceding twelve
month period shall be the basis for each
annual
adjustment.D. Consideration in lieu of fees required
pur-suant to this section may be accepted by
the City Council, provided
that:1. 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 2. The substitute consideration is in a
form acceptable to the City
Council.E. The foregoing notwithstanding, the
Director of Public Works shall have the
authority to determine whether the drainage
obligation of the subdivision shall be satisfied by
pay-ment of fees or by the construction of
master planned drainage facilities. Such a
deter-mination shall be based on said Director'
s evaluation as to the need for protecting
the public
interest.
SECTION II:
Ordinance No. 50-79 adopted the 11th day ofSeptember,1979, is hereby
repealed.SECTION
III: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 17th day of November
1981.
Attest:c~~
e~~~STATE OF
CALIFORNIA COUNTY OF ORANGE
ss CITY OF
ORANGE I, MARILYN J. JENSEN, City Clerk of the City of Or
ange ,California, do hereby certify that the foregoing
ordinance was introduced at the regular meeting of the City
Council held on the lOth day of November ,1981, and
thereafter at a regular meeting of said City Council duly held on
the day of November , 1981, was duly passed and
adopted by the following vote, to
wit:AYES: COUNCILMEN: Barrera, Smith, Mayor Beam,
Beyer NOES: COUNCILMEN:
None ABSENT: COUNCILMEN:
Perez WITNESS my hand and seal this 18th day of
November
1981.Marilyn J. J"
ensenV City Clerk of the City of
Orange
ORANGE CITY NEWS: Please publish Wednesday, November 25, 1981 and send
PROOF and PROOF OF PUBLICATION to City Clerk, 300 E. Chapman,
Orange, CA. 92.666.
Marilyn J. Jensen, City Clerk
LEGALNOTICEORDINANCENO.
37-81
AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING SECTION 16.16 .
140 OF THE ORANGE MUNICIPAL CODE CONCERNING THE MASTER PLAN OF DRAINAGE
AND FEES RELATED THERETO AND Rx;pEALING ORDINANCE NO.50-79."Original
on
file in the City Clerk's Department)CITY OF
ORANGE SYNOPSIS:Ordinance
No.
37-81 amends the Orange Municipal Code covering Drainage
Fees according to applicable provisions of the Subdivision Map
Act.ADOPTED
by the City Council of the City of Orange at a regular meeting held
Tuesday, November 17, 1981, by the following vote:AYES:
Barrera, Smith,- Mayor Beam, Beyer ABSENT: Perez
Marilyn J.
Jensen, City Clerk