HomeMy WebLinkAboutResolutions - No. 2013-131RESOLUTION NO. 2013-131
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
STORM DRAIN IMPACT MITIGATION FEE ONE-TIME
REIMBURSEMENT AGREEMENT WITH TEMPLE BAPTIST
CHURCH OF LODI AND FURTHER APPROPRIATING FUNDS
WHEREAS, at the time of approval of the Temple Baptist Church (Owner) master
development plan and the phase one construction project in 1978, there were no City -owned
storm drainage facilities in the area, and private onsite storm drainage facilities were
constructed to serve the project. These facilities consist of storm drainage conveyance piping
and a storm drainage retention basin. It has been confirmed that the private onsite storm
drainage facilities have sufficient capacity to serve all existing and future phases of the master
development plan; and
WHEREAS, in August 2012, the City Council adopted the updated Impact Mitigation Fee
Program (Program) wherein no storm drainage impact fee was established for the Church
property yet to be developed. An option was preserved in the Program for the Owner to
permanently utilize the private onsite storm drainage facilities and be refunded the storm
drainage mitigation fees paid to date amounting to $122,282.82. The reimbursement funds
were set aside in the Program for reimbursement to this Owner and several others; and
WHEREAS, the Owner is constructing a new education building that would normally be
required to pay storm drainage impact mitigation fees. Instead, the Owner has selected the
option to remove their property from the City's storm drainage service area and receive
reimbursement, without interest, of the fees paid to date.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve
the Storm Drain Impact Mitigation Fee One -Time Reimbursement Agreement with Temple
Baptist Church of Lodi; and
BE IT FURTHER RESOLVED that the City Council does hereby authorize the
City Manager to execute the agreement; and
BE IT FURTHER RESOLVED that funds in the amount of $122,282.82 be appropriated
from the Storm Drain Impact Mitigation Fees account.
Dated: July 17, 2013
I hereby certify that Resolution No. 2013-131 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held July 17, 2013, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
COUNCIL MEMBERS — Johnson, Katzakian, Mounce, and
Mayor Nakanishi
COUNCIL MEMBERS — None
COUNCIL MEMBERS — Hansen
COUNCIL MEMBERS — None
2013-131
�&OHL-OLLSON
City Clerk