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HomeMy WebLinkAbout1209 - Financing of the City Water System• THSemec 2/28/67 ORDINANCE NO. 1209 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 14.33 TO THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING A PROCEDURE FOR FINANCING THE EXPANSION AND DEVELOPMENT OF THE CITY WATER SYSTEM IN THE UNDEVELOPED AREAS OF THE CITY The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Chapter 14.33 is added to Title 14 of the Newport Beach Municipal Code to read; "Chapter 14.33 WATER CAPITAL IMPROVEMENT CHARGES Sections: 14.33.010 Policy Statement. 14.33.020 Definitions. 14.33.030 City Council Action. 14.33.040 Water Capital Improvement Charges. 14.33.050 Time of Payment. 14.33.060 Revision of Water Capital Improvement Charges. 14.33.070 Water System Development Fund. 14.33.080 Terms and Conditions of Reimbursement. 14.33.090 Waiver of Water Capital Improvement Charges. 14.33.100 Special Uses. 14.33.110 Administration and Appeals. 14.33.120 Other Fees Not Waived. 14.33.010 Policy Statement. The City Council hereby makes the following findings: It is anticipated that the City will experience a period of rapid growth during the next several decades. Most of this growth will occur in those areas of the City which are now relatively undeveloped. In addition, it is likely that new territory will be added to the City by annexation. In order to provide water service to these areas as the need for such service arises, it will be necessary for the City to undertake a long -range capital improvement program entail- ing a major expansion of its water system. As a matter of policy the City Council has determined that the costs of the new water system facilities which will be needed should be financed by the lands which will be benefited by said facil- ities. 0 0 • By enacting this chapter, it is not the intention of the City to guarantee the financing or completion of the Master Plan Facilities. The responsibility of the City shall be limited to the disbursement of the funds actually collected pursuant to this chapter for the purposes stated herein. 14.33.020 Definitions, For the purpose of this chap- ter, the words hereinafter defined shall have the meanings assigned to them unless it appears from the context that a different meaning is intended. 'Water capital improvement charges' shall mean the acreage charges established by Section 14.33.040 of this chapter. 'Water System Master Plan' or 'Master Plan' shall mean the plan adopted by the City Council which shows the pro- jected water system facilities that will be needed to pro- vide water service to the undeveloped areas of the City. 'Public Works Director' or 'Director' shall mean the Public Works Director of the City. 14033.030 City Council Action. By resolution the City Council may- to Adopt a Water System Master Plan showing the pro- jected water system facilities that will be needed in the undeveloped areas of the City to provide water service to areas which the City expects to serve with water in the future which cannot adequately be served from existing City water facilities. 2. Adopt maps showing the lands which will be bene- fited by the construction of the water system facilities shown on the Water System Master Plan and which will be subject to payment of the water capital improvement charges as provided in Section 1.4.33.040 hereof. 3. Adopt supplemental rules and regulations to carry out the purposes of this chapter. 2. 3. 14.33.040 Water Capital Improvement Charges. A water capital improvement charge in the amount of Five Hundred and Fifty Dollars ($550) per gross acre is hereby established • which shall be applicable to all benefited lands, as shown upon the maps adopted by the City Council pursuant to Section 14.33.030 of this chapter. For fractional portions of an acre the charge shall be calculated in direct proportion to the actual area of the parcel of land. The fees shall be computed on the basis of gross acreage of the property, or portions thereof, to be served or benefited, including abutting streets, rights of way and easements, both public and private. 14.33.050 Time of Payment. The water capital im- provement charge for any lot, parcel or tract of land which is subject to said charge shall be paid at the time arrange- ments are made to connect such land to the City water system, or at such time as application is made for a building permit • to construct buildings on said land, whichever event first occurs, and the payment of said charge shall be a condition precedent of the approval of such connection or issuance of a building permit. In no event shall water capital improve- ment charges be assessed against any lot, parcel or tract of land for which said charges were previously paid. Any lot, parcel, or tract of land that is subject to said charge and that is served by the City water system as of the effective date of this chapter, and on which addi- tional buildings are to be constructed, shall be subject to said charge for the land occupied by such buildings and their appurtenant uses. (a) Temporary Service Connections. A temporary ser- vice connection for construction or agricultural purposes may be installed for use over a period not exceeding 18 months 3. without payment of a water capital improvement charge, sub - ject.to the approval of the Public Works Director. 14.33.060 Revision of Water Capital Improvement • Charges. The City Council reserves the right to periodi- cally review the established water capital improvement charges in the light of changing conditions and to amend this chapter to make such adjustments in the charges as it deems appropriate. 14.33.070 Water System Development Fund. A special fund designated as the Water System Development Fund is hereby established. All water capital improvement charges collected pursuant to the provisions of this chapter shall be deposited in said fund. The moneys deposited shall be used by the City to pay for design and construction of Master Plan facilities constructed by the City, to make reimbursement to persons who have advanced funds to the City to pay the costs of designing and constructing such facilities, and to • make reimbursement to persons who have constructed such facilities and transferred them to the City. Five percent of all such charges collected by the City pursuant to this chapter shall be retained by the City to defray the costs of administration, including plan checking and construction inspection. 14.33.080 Terms and Conditions of Reimbursement. The City Council shall by resolution establish the terms and conditions upon which the City will make reimbursements from the Water System Development Fund to eligible persons. Such reimbursement shall only be made pursuant to written con- tracts approved by the City Council and such contracts shall be entered into on a uniform and nondiscriminatory basis • with such eligible persons. 14.33.090 Waiver of Water Capital Improvement Charges. The City Council may in its discretion waive all or part of 4. the water capital improvement charges which would otherwise be payable by an applicant for water service if it determines that the applicant has constructed and transferred to the City water system facilities equivalent in value to the amount of the charges being waived. 14.33.100 Special Uses. In the case of areas devoted to special uses such as..cemeteries, golf courses, and public parks,the City Council may in its discretion authorize the applicant to pay the water capital improvement charges in installments over a period of not more than 10 years pursuant to a written agreement. 14.33.110 Administration and Appeals. The Public Works Director shall be charged with the duty of administer- ing the procedures set forth in this chapter and any rules and regulations adopted pursuant to its authority. Any person who is dissatisfied with a decision of the Public Works Direc- tor may appeal such decision to the City Council by filing a written statement of appeal with the City Clerk within 15 days after he has received notice of the decision. The City Council shall fix a date for hearing the appeal and the City Clerk shall give notice thereof by mail to the party appealing. The decisions of the City Council on such appeals shall be final and conclusive. 14.33.120 Other Fees. Not Waived. Any fees or charges established pursuant to this chapter shall be in addition to any permit, fee or charge required under any other chap- ter of this Code." SECTION 2. This ordinance shall be published once in the official newspaper of the City, and the same shall be effec- tive 30 days after the date of its adoption. This ordinance was introduced at a regular meeting of • the City Council of the City of Newport Beach held on the 27th 5. • day of February , 1967, and was adopted on the J..' day of 1967, by the following vote, to wit: AYES, COUNCILMEN ,' s =a = •,, NOES, COUNCILMEN: ABSENT COUNCILMEN: ATTEST: City Clerk Mayor 6.