A.
The
City Council has determined that it is reasonable and in the public
interest to enact and impose a public facilities charge for the purpose
of recovering a fair share of the cost for sewer and water facilities
from those properties which, as part of their development and use
make use of those existing facilities and have the necessity to require
additional capacity for those facilities.
B.
The
Council finds that the public would benefit from a logical, long-range
approach to the financing of necessary central facilities. Experience
has demonstrated that the lack of such provisions casts an unfair
and unexpected burden on taxpayers and residents in the form of taxes,
bond interest costs and assessment when core or central facilities
become inadequate, causing a crisis. Operating from a crisis to crisis
is wasteful, unsafe and an unacceptable method of local government,
and debt financing should be minimized wherever possible.
C.
The
public facilities charge herein prescribed is designed and calculated
to be of such amount as to properly maintain and eventually create
reasonable reserves to pay the public's fair share of basic and essential
sewer and water service facilities, as the needs arise.
(Ord. 168 §1, 1977)
As used in this chapter, unless the context otherwise requires:
means public facilities, or the capacity provided for therein,
which include, but are not limited to:
"For water"
means participation in water mains 4 inches in diameter or
over; water pump stations; water reservoirs; and all additions to
or expansions of the City's water treatment and distribution system,
except service laterals 4 inches or less in diameter;
"For sewers"
means participation in sewer mains 6 inches in diameter or
over; public storm drains; sewerage lift stations and all expansions
or additions to the sewage and sewerage collection and treatment systems,
except service laterals 4 inches or less in diameter.
means the City of Guadalupe.
means all divisions of land which require parcel map or tentative
map approval.
(Ord. 168 §2, 1977)
Except as provided in this chapter, the public facilities charge
provided herein is separate from and in addition to all other applicable
taxes, assessments, charges or fees otherwise provided by State or
local law.
(Ord. 168 §7, 1977)
A public facilities charge is hereby imposed upon the applicants
as prescribed hereinafter, at the following rates:
A.
Annexation
fee: an amount established by resolution of the City Council;
B.
Subdivision
fee: an amount established by resolution of the City Council;
C.
Building
fee: an amount established by resolution of the City Council.
(Ord. 168 §3, 1977; Ord. 2013-414 §28)
A.
The
annexation fee portion of the public facilities charge imposed in
this chapter shall be paid by the applicant seeking annexation prior
to the adoption by the City of the ordinance approving the annexation.
B.
The
subdivision fee portion of the public facilities charge imposed herein
shall be paid by the applicant seeking subdivision approval prior
to the City approving the parcel map or the tentative map for the
subdivision. In the event that any tentative map is approved without
payment of the subdivision fee, the subdivision fee must be paid prior
to approval of the final subdivision map.
C.
The
building fee portion of the public facilities charge imposed herein
shall be paid by the applicant seeking a building permit prior to
the City issuing the permit.
D.
The
City Clerk shall ascertain that the respective fee constituting the
public facilities charge imposed herein is collected prior to the
City's approval or issuance of any entitlement, as prescribed herein,
and shall further ascertain that an application for any such entitlement
is denied until the respective fee constituting that portion of the
public facilities charge has been paid in full.
(Ord. 168 §4, 1977)
All funds derived from the public facilities charge are to be
segregated by accounting practices from all other funds of the City
and that portion of the public facilities charge calculated and collected
on account of water facilities shall be used for no other purpose
than for the City water facilities; and that portion of the public
facilities charge calculated and collected on account of sewer facilities
shall be used for no other purpose than for the City sewer facilities,
all for the residents and inhabitants of the City.
(Ord. 168 §5, 1977)
Any person who is aggrieved by any decision required to be made
by the City Clerk under this chapter may appeal that decision to the
City Council by filing a written request with the City Clerk within
10 days after the decision, describing with particularity the decision
of the City Clerk from which the person appeals. The Council shall,
at its next regular meeting, hear and consider the appeal. In determining
the appeal, the Council shall determine whether the City Clerk's decision
is correct, and may affirm, modify, extend or overrule that decision.
The decision of the City Council shall be final.
(Ord. 168 §6, 1977)
