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Ord 158ORDINANCE NO. 158 AN ORDINANCE OF THE CITY OF POWAY, CAr.TFORNIA ESTABLISHING CHAPTER 13.24 CF TITLE 13 OF THE POWAY MUNICIPAL CODE ESTABLISHING REIMBURS~I~ENr PR0CEDU~ FOR PERMANENT IMPR~S THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN THAT there is added to the Poway Municipal code Chapter 13.24 as follows: Section 13.24.010: Policy The City Council does hereby find and determine that where property owner(s) desire or are required to extend or develop permanent improvements that benefit other properties not participating in the cost of the improv~nents, the owner(s) may be eligible to enter into a reimbursement agreement as provided in this Chapter. This Chapter shall not be applicable to mandatory reimbursement for improvements of supplemental size, capacity, number or length as required by Goverr~nent Code Section 66486. Section 13.24.020: Definitions A. Administrative Cost - m~ns expenses and services provided by the City in the management of the reimbursement agreements. B. Agreement -means an agreement to reimburse property owner(s) for deve- lol~ent or extension of permanent improvements that benefit other proper- ties. C. Benefit Area - means the area of benefit approved by the City Engineer that would be assessed for the cost of the permanent improvement. D. City -me~___ns the City of Pow~y. E. Council -means the Mayor and City Council of the City of Poway. F. Engineering Re~ort - the reimbursement report prepared by a State licensed Civil Engineer outlining the benefited area and proposed reimburse- ment payments. G. Estimated Construction Cost - means the estimated cost of construction as outlined in the engineering report and approved by the City Engineer. H. Public Im~rove~ents - means City drainage, sewer and water systems and public and private streets constructed to City standards. I. Reimbursement Payment - means the payment to the property owner(s) who paid for the initial construction of the permanent improvement. J. Trust Fund - an account established for the deposit of the reimbursement funds during the life of the reimbursement agrc~---~e, nt. Ordinance No. 158 Page 2 Section 13.24.030: Pre-Construction Requir~nents The owner(s) shall provide to the City Engineer a completed reimbursement agr~nt. The cc~apleted agrc~--nent sb~ll be submitted at the same time as the standard agreement and bonding for the construction of the permanent improve- ments along with a deposit to cover the estimated City administrative costs to review, process and approve the agreement. Section 13.24.040: Form and Content of A~re~ment The form and content of the reimbursement agrc~ent sb~ll be prepared to the satisfaction of the City Engineer and City Attorney. The agre~nent must be pre- pared with the assistance of a State of California licensed civil engineer and contain the following: A. A legal description of all benefiting properties including the owner's property. A detailed plat drawn at an engineering scale on legal size papershowing the precise locations of all irNprovements and complete dimensions (including frontage) of all benefiting property. A reimburs~nent schedule to include a list of all benefiting properties with current Tax Assessor's parcel number, owner's name, property's street address, acreage of benefiting parcels and a benefit charge. The amount of the benefit charge assigned to each benefiting parcel shall be subject to the approval of the City Council. The benefit charge assigned to each parcel shall bear a reasonable relationship to the benefit conferred upon that parcel by the i~provements and shall bear interest at the rate of five percent (5%) per annum, compounded annually. D. A detailed estimated cost of the design and construction of the per- manent improvement. Terms, conditions, and covenants of reimbursement and a trust agrc~--ment consistent with the requirements of this Chapter. Section 13.24.050: Notice and Hearing Upon receipt of the agreement proposed by the owner(s), the same shall be referred to the City Engineer, together with a preliminary estimate of the total cost of such improv~nents. Upon receipt of the application, the City Engineer will review and recc~end approval, disapproval, or modification thereof. The proposed area of benefit shall include all parcels of land, or parts thereof, within the City, which may be conveniently served by the proposed improvenent Ordinance No. 158 Page 3 extension or development. Not less than ten (10) days prior to the hearing the city Clerk shall notify the owner, or owners, of the land within the benefitted area, of a public hearing to be conducted by the City Council of the City of Poway on the question of the feasibility and the necessity for the construction of the subject i~prov~ments, and the approval, conditional approval, or denial of the reimbursement agrc~--~nt. The property owner shall provide address labels for all affected properties and shall pay all fees necessary for notice of the hearing at which the repayment agreement is considered. Section 13.24.060: Decision of City Council After the hearing provided above, the City Council shall determine in its sole judgement and discretion whether or not the construction of said improvements would be in the best interest of the City and whether the proposed reimbursement agreement shall be approved, conditionally approved, or denied. In any case the CityCouncilwill have the final determination as to the amount tobereimbursed through each agrc~---~e, nt and the allocation thereof amongst the benefiting parcels. Section 13.24.070: Pa~T~ent for Reimbursement The approved Agr~ent shall provide that the City of Po~ay shall agree for a period of ten (10) years from the date of the agreement, to reimburse to applicant the following sum~: The amount received by the City as a benefit charge, if any, which is collected by the City frc~ owners of benefiting parcels for the privi- lege of using such improvements, less the administrative cost set forth in 13.24.080. The benefit charge for a parcel shall be collected by the City as a condition of approval of any develo~x~ent of the benefited parcel, provided that imposition of such condition shall be reasonably related to such development. The benefit charge for each parcel of land within the benefitted area will be determined based upon the engineer's report prepared by the applicant engineer using standard assessment district formulas, as that report may be approved by the City Council. The City Council retains the right to determine, in its sole discre- tion, both the total cost of the permanent improvement as well as the fixing of the benefit charge for each parcel. De Applicant shall be entitled to receive the reimbursement provided in this section for the period of time herein specified, or until all payments as specified in the reimbursement agreement shall have ~n repaid to applicant, whichever occurs first. Following full reimbur- sement to applicant as provided herein, or upon automatic termination of the agrc~ent at the end of ten (10) years frc~ its date, applicant shall be entitled to no further reimbursements arising out of benefit charges which might be charged by the City, and all payments thereafter accruing sb~ll be and becc~ae the property of the City. ~dinance No. 158 Page 4 E. All reimbursement funds shall be deposited to a trust fund in a local institutional depository. The right of the applicant to payments therefrcm shall be personal and shall not run with or be assignable with, the lands owned by the applicant. F. Payments shall be made at such times as are convenient to the City, but in no event, less often than annually if the City bas received any benefit charges. G. Payment to the applicant shall include the interest collected frcm a benefited owner assessed against the benefit charge at a rate of five percent (5%) cuL~ounded per year. Section 13.24.080: ~]ministrative Cost An administrative charge of five percent (5%) shall be assessed on all reimbur- sements to cover administrative cost incurred by the City. Section 13.24.090: Information The property owner(s) applying for reimbursement shall be solely responsible for all information ncc~ed to process the reimbursement agreement. Any errors or inaccuracies may constitute grounds for the denial of the owner's application. Section 13.24.110: Recordation of Agreement This agreement will be recorded with the County Recorder following full execu- tion of the agrc~--~nt by all parties. Section 13.24.120: Severability If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions. The City Council of the City of Poway hereby declares that it would have passed this chapter and each section, subsection, clause, and phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional, and would have passed and adopted the same even though any parts, sections, subsections, sentences, clauses, or phrases that may be held invalidhadbccnc~ittedtherefrom. This ordinance shall take effect and be in force thirty (30) days after the date of its passage; and before the expiration of fifteen (15) days after its passage, it sb~ll be published once with the names and members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation published in the City of Poway. Ordinance No. 158 Page 5 Introduced and first read at a regular .w~cting of the City Council of the City of Poway held the 19th day of February, 1985, and thereafter PASSED AhD ADOPTED at a regular meeting of said City Council held the 26th day of February, 1985, by the following roll call vote: AYES: COUNCILMEM~.RS: Marjo~ K. City Clerk . Wahlsten, KRUSE, ORAVEC, SHEPARDSON, TARZY, ~ERY NONE