HomeMy WebLinkAboutOrdinances - No. 1527ORDINANCE PREPARED BY PUBLIC WORKS DEPARTMENT
ORDINANCE NO. 1527
AN ORDINANCE OF THE LODI CITY COUNCIL
RELATING TO PUBLIC IMPROVEMENT REIMBURSEMENTS FOR CONSTRUCTION
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
Section 1.
of the Lodi Municipal Code to read as follows:
Chapter 16.40 is hereby added to Title 16 - "Subdivisions"
Chapter 16.40
Reimbursements For Construction
16.40.010 Findings and Purpose.
The Council hereby finds and declares as follows:
A. Construction of new streets and water, sewer and storm
drains often benefits other properties.
the provision of supplemental capacity (oversize lines) or installations
across or opposite unserved property which would be required to make
such improvements upon development or service connection.
Such benefit may occur through
B. The State of California, in Government Code Sections 66485
through 66489 requires that the City either pay for or enter into an
agreement to reimburse the installing party, including an amount
attributable to interest for such installations.
required by the reimbursement agreement, the City may collect funds from
the other properties which benefit from such installations.
To pay the costs as
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C. The City of Lodi has adopted a Development Impact Mitigation
Fee ordinance (Chapter 15.64 of the Lodi Municipal Code) which provides
for reimbursement and collection of funds under only a portion of the
circumstances described in (A) above.
D. The purpose of that chapter is to identify the improvements
which are reimbursable under the Development Impact Mitigation Fee program
and to provide a uniform reimbursement procedure for the cost of
improvements which are to be reimbursed from other properties.
purposes of this chapter, "applicant" shall mean the owner of the property
for which the improvements are being installed or are required to be
installed per the City Code.
For
16.40.020 Improvements to be Reimbursed.
A. The cost of the following improvements shall be reimbursed
from the appropriate Development Impact Mitigation Fee Fund.
the reimbursement shall be in accordance with Chapter 15.64 of this Code.
The terms of
1) Oversize water mains and major crossings required per
Chapter 13.08 of this Code;
2) Oversize sewers and storm drains required per Chapter 13.12
of this Code;
3) Excess width street construction and right-of-way required
per Chapter 15.44 and 16.24 of this Code;
4) Any other construction identified in the City Capital
Improvement program as a project to be funded with Development Impact
Mitigation Fees.
8. The cost of other improvements which benefit other property
or would be required of that property upon development, shall be
reimbursed in accordance with this chapter.
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16.40.030 City E 1 igi b i 1 i ty .
Whenever the City constructs improvements meeting the
requirements of this chapter, the City shall be eligible for reimbursement
in a like manner as other applicants.
16.40.040 Application for Reimbursement.
A. Whenever an applicant constructs improvements eligible for
reimbursement under this chapter, the applicant shall file a request with
the Public Works Director. The request shall include:
1) A description of the improvements and the additional
properties receiving the benefit;
2) Engineering calculations and data as described in the City's
Public Improvement Design Standards;
3)
4)
An itemized cost estimate for the improvements;
Application fees as determined by City resolution.
B. All such applications shall be filed no later than one year
The City will make after the acceptance of the improvements by the City.
no effort to delay project approval or otherwise condition payment of
reimbursements from other properties benefiting from the improvements
prior to completion of a reimbursement agreement.
16.40.050 Reimbursement Agreement.
A. Within 60 days of receipt of a completed application, the
Public Works Director shall prepare a reimbursement agreement containing
the following provisions:
1) The amount of reimbursable costs shall include construction
costs less any applicable credits plus ten percent for administrative and
engineering costs. Applicable City engineering and processing fees shall
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also be added.
not be included.
Costs of financing, bonds or other applicant costs shall
2) The total reimbursable cost shall be apportioned to the
Costs of transitions, utility benefitting properties as appropriate.
stubs or other minor work shall not be apportioned to adjacent property.
3) The reimbursable amount shall be recalculated annually to
include an amount attributable to interest, using the Engineering News
Record 20 Cities Construction Cost Index as of the end of the year.
reimbursable amount for subsequent years shall be the prior year
reimbursable amount less any reimbursements made during the year, all
multiplied by the percentage change in the Index over the year.
The
4) The agreement shall provide that the City will collect the
appropriate charge from the properties identified in the agreement and
reimburse the applicant or the applicant's heirs, successors or assigns,
for a period of 15 years from the date of the agreement.
such charges shall be collected and paid into the appropriate Development
Impact Mitigation Fee Fund, except that agreements initiated by the City,
the charge shall be placed in the City fund from which the improvement was
originally funded or the General Fund if the original fund no longer
exists .
Beyond 15 years,
5) Prior to approval of the reimbursement agreement, the City
Council shall conduct a public hearing.
within 90 days of receipt of the completed application.
property owner of each parcel identified in the reimbursement agreement
shall be notified of the hearing by registered mail at least ten calendar
days prior to the hearing.
The hearing shall be conducted
The applicant and
B. The reimbursement agreement shall be numbered and filed by
the Public Works Director.
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16.40.060 Collection of Reimbursements.
A. For any property on which the City Council has approved a
public improvemnt reimbursement agreement, the appropriate charge shall
be collected by the City upon development.
the following:
Development shall mean any of
1) Service connection to the utility covered by the
reimbursement agreement;
2)
3)
Filing of a final subdivision map;
Filing of a final parcel map unless the City requirement for
installation of public improvements is waived or deferred;
Issuance of a building permit. 4)
B. In the event the activity described in (A) above only occurs
on a portion of the area covered by the reimbursement agreement, the
reimbursement charge shall be apportioned by the Public Works Director and
the appropriate charge made upon the developing portion.
16.40.070 Payment of Reimbursements.
A. Upon collection of reimbursement charges, the Public Works
Director shall prepare a letter of entitlement stating the amount of the
charge collected, reference the agreement number and administrative charge
to be retained by the City.
Director for actual reimbursement.
The letter shall be forwarded to the Finance
B. The administrative charge for collecting the charge and
mailing the reimbursement shall be determined by the City Council by
resolution.
C. The Finance Director shall mail the reimbursement amount to
the last address on file with the Finance Director of the applicant,
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D. Any reimbursement amount returned or unclaimed after two
years from the date of mailing shall be deposited in the appropriate
Development Impact Mitigation Fee Fund.
Section 2.
fo 1 1 ows :
13.08.110 of the Lodi Municipal Code is amended to read as
13.08.110 Minimum size.
The minimum size water main shall have a nominal inside
diameter of six inches except as approved by the Public Works
Director in accordance with the City of Lodi Public Improvement
Design Standards.
commercial and industrial uses, the minimum size shall be eight
inches in diameter. Larger size mains may be required as
determined by the public works director from the city master
water plan.
In areas zoned or master planned for
Section 3.
f 01 1 ows :
13.08.130 of the Lodi Municipal Code is amended to read as
13.08.130 Oversized ma ins.
Wherever the city requires that a water main larger than
eight-inches in diameter be installed in order to serve
additional property or to conform to the water master plan, the
applicant shall be reimbursed the difference in cost between the
actual water main to be constructed and an eight-inch diameter
water main. The reimbursement shall be made in accordance with
Chapter 16.40 of this code.
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Section 4.
follows:
13.08.140 of the Lodi Municipal Code is amended to read a
13.08.140 Major crossings.
A. Wherever the city master water plan requires that a w
main cross a right-of-way listed as follows, the city will
reimburse the applicant one-half the estimated cost of that
crossing:
1. Woodbridge Irrigation District;
2. Southern Pacific Transportation Company;
3. Central California Traction Company;
4. Highway 99;
5. Highway 12;
6. Lower Sacramento Road;
7.
B.
Hutchins Street (south of Kettleman Lane).
The limits of the crossing shall be determined by the
public works director.
accordance with Chapter 16.40 of this Code.
The reimbursement shall be made in
Section 5.
f 01 lows :
13.12.300 of the Lodi Municipal Code is amended to read as
13.12.300 Purpose.
The city council is desirous of adopting a sewer service and
extension policy that is fair and equitable to all developing
properties and that provides that the cost of extension shall be
distributed among subsequently developing properties connecting
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hereto.
considered as sewers except as specifically stated otherwise.
For purposes of this Article, storm drains shall be
Section 6.
f 01 lows :
13.12.340 of the Lodi Municipal Code is amended to read as
13.12.340 Minimum diameter.
The minimum size sewer main shall have a nominal inside
diameter of six inches. The minimum size storm drain shall have
a nominal inside diameter of twelve inches. Larger size mains
may be required as determined by the public works director in
accordance with the city public improvement design standards or
the city master sewer and storm drain plans.
Section 7.
f 01 1 ows :
13.12.370 of the Lodi Municipal Code is amended to read as
13.12.370 Reimbursement - Oversized mains.
Wherever the city requires that a sewer main larger than ten
inches in diameter or a storm drain larger than eighteen inches
in diameter be installed in order to serve additional property
or to conform to the applicable master plan, the applicant shall
be reimbursed for the oversized pipe.
be based on the difference in cost between the actual pipe to be
installed and a ten-inch sewer or eighteen inch storm drain as
applicable. The difference in cost shall be determined by the
public works director. The reimbursement shall be made in
accordance with chapter 16.40 of this code.
The reimbursement shall
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Section 8.
add the following:
Section 16.24.04 of the Lodi Municipal Code is amended to
C. The subdivider or developer shall be reimbursed for exce
width street construction and right-of-way or for constructi
of permanent improvements which front adjacent property.
Reimbursement shall be made in accordance with chapter 16.4(
this Code. For purposes of this section excess width streel
are defined as :
1) new streets over 68 feet in width;
2) widenings of existing street in excess of 34 feet on 01
side.
Section 9.
add the following:
Section 15.44.050 of the Lodi Municipal Code is amended ti
F. Street improvements and dedications made pursuant to th
chapter are eligible for reimbursement as provided in Chapti
16.24 of this Code.
Section 10. Sections 13.08.150, 13.08.160, 13.08.170, 13.01.180,
13.08.190, 13.08.200, 13.08.210, 13.12.350, 13.12.360, 13.12.380,
13.12.390, 13.12.400 and 13.12.410 of the Lodi Municipal Code are hereby
repealed.
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Section 11. Effective Date. This ordinance takes effect 60 days
after its adoption.
Section 12. Publication. The City Clerk shall either: (a) have this
ordinance published once within 15 days after adoption in a newspaper of
general circulation, or (b) have a sumnary of this ordinance published
twice in a newspaper of general circulation, once 5 days before its
adoption and again within 15 days after its adoption.
November 1991
b
Attest:
DAVID M. HINCHMAN
Mayor
-> & 71) /gi,&
ALICE M. RCIMCHE
City Clerk
..........................................................................
State of California
County of San Joaquin, ss.
I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby
certify that Ordinance No.1527
the City Council of the City of Lodi held October 16, 1991 and was
thereafter passed, adopted and ordered to print at a regular meeting of
said Council held November 6, 1991 by the following vote:
was introduced at a regular meeting of
Ayes :
Noes: Council Members - None
Absent: Council Members - None
Abstain : Council Members - None
Council Members - Pennino, Pinkerton, Sieglock,
Snider and Hinchman (Mayor)
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I further certify that Ordinance No. 1527 was approved and signed by
the Mayor on the date of its passage and the same has been published
pursuant to law.
ALICE M. REI~CHE
City Clerk
Approved as to Form
City Attorney
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