Ord 285 ORDINANCE NO. 285
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
AMENDING CHAPTER 16.72 OF THE POWAY MUNICIPAL CODE
REGARDING REIMBURSEMENT FOR PLANNED LOCAL DRAINAGE FACILITIES
WHEREAS, Chapter 16.72 of the Poway Municipal Code provides for reimburse-
ment to a subdivider of the cost of certain drainage facilities required of the
subdivider to be installed with the subdivider's project; and
WHEREAS, the City Council wishes to clarify the
reimbursement and the priorities of payment
reimbursement.
provisions for such
amongst applicants for
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS
FOLLOWS:
Section 1. Section 16.72.140 of the Poway Municipal Code is amended to
provide as follows:
Section 16.72.140 Reimbursement.
If the construction credit calculated in accordance with Section
16.72.110 exceeds the drainage fee, the City shall reimburse the sub-
divider from the appropriate planned local drainage facilities fund in
accordance with the terms of this Section 16.72.140.
0
Reimbursement shall be made annually to persons entitled to reimbur-
sement as of July i in accordance with the terms of this section, pro-
vided that fees are collected during the prior fiscal year of the City
in connection with the subdivision or development of other property in
the same PLD area in which the subdivider entitled to reimbursement
facilities. The amount of the reimbursement shall be limited to the
difference between the construction credit and the drainage fee.
To be eligible for reimbursement, a subdivider shall make written
application therefor following City Council acceptance of the improve-
ments. The application shall be deemed complete upon the written
determination of the Director of Public Services that the application
has been timely filed, together with all data necessary to determine
the validity and appropriate amount of reimbursement. The Director of
Public Services shall determine the appropriate amount of reimbursement
and submit a recommendation to the City Council for approval. The City
Council shall approve, disapprove or modify the request for reimburse-
ment by resolution without the necessity of a public hearing.
Ordinance No. 285
Page 2
De
In the event that the subdivider wishes to enter into a reimbursement
agreement wlth the City, the subdivider's appllcatlon for reimbursement
shall include a request for such an agreement. Such an agreement shall
Incorporate by reference, the terms of this Chapter, shall provide that
the subdivider shall indemnify and hold harmless the City from liabi-
lity for failure to collect drainage fees which would fund reimburse-
ment, and shall expire not more than ten years after its execution
date, wlthout right of renewal or reapplicatlon. The subdividers shall
submit a draft agreement and shall pay the reimbursement agreement pro-
cessing fee in effect at the time that the application for reimburse-
ment Is made.
In the event that two or more subdividers in the same planned local
drainage area apply for reimbursement, payment priority shall be
established as follows:
(1)
A subdivider with an approved reimbursement agreement shall be
paid in full prior to payment of subdividers who have no
reimbursement agreement with the City, regardless of the time at
which the respective applications became complete.
(2)
In the event that two or more subdividers have fully executed
reimbursement agreements with the City, such subdividers shall be
reimbursed pro rata in accordance with the percentage that the
total amount initially approved for reimbursement to the sub-
divider bears to the total amounts initially approved for all sub-
dividers having fully executed reimbursement agreements at the
time any reimbursement payment is made.
(3)
In the event that two or more subdividers are entitled to
reimbursement but have not signed reimbursement agreements with
the City, the subdivider whose application is complete first shall
be entitled to reimbursement in full prior to any reimbursement
being paid to any other subdivider who does not have a fully
executed reimbursement agreement.
(4)
This subsection 16.72.140E shall be applied to all reimbursements,
pursuant to an agreement or otherwise, paid to any subdivider
after the effective date hereof, except that as between two {or
more) subdividers both {all) of whom have signed reimbursement
agreements before the effective date hereof, any subdivider who
has not received pro rata reimbursement {as that term is
described in subsection {2) hereof) as of that date, shall receive
one hundred percent of the next monies reimbursed after said date
until such subdivider has received pro rata reimbursement;
thereafter, each such subdivider shall receive pro rata reimburse-
ment until reimbursed in full or until that subdivider's right to
receive reimbursement expires.
Ordlnance No. 285
Page 3
Introduced and first read at a regular meeting of the City Council of the
City of Poway held the 17th day of January, 1989, and thereafter PASSED AND
ADOPTED at a regular meeting of said City Council held the 31st day of January,
1989, by the following roll call vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: BRANNON, EMERY, GOLDSMITH, HIGGINSON, KRUSE
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
Carl R. Kruse, Mayor
Marjori~. Wahlsten, City Clerk
6/O/DRAIN1-3