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HomeMy WebLinkAboutNS-2178 - Establishing the Memory Lane Interceptor Sewer Development Fee393 ORDINANCE NO. NS-217 8 AN ORDINANCE OF THE CITY OF SANTA ANA ESTABLISHING THE MEMORY LANE INTERCEPTOR SEWER DEVELOPMENT FEE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Chapter 39 of the Santa Ana Municipal Code is hereby amended by adding an article, to be numbered V, consisting of sections 39-80 through 39-87, which said article reads as follows: ARTICLE V. THE MEMORY LANE INTERCEPTOR SEWER DEVELOPMENT FEE Sec. 39-80. Definitions. As used herein, the following words shall have the following meanings: "Agency payment" means a payment in the amount of $628,000.00 to be made by the Community Redevelopment Agency of the City of Santa Aha for part of the city allocation as an advance payment of fees which may be required by this article for future development of the MainPlace site. "City allocation" means that portion of the cost of the Memory Lane Interceptor which has been allocated to the city of Santa Ana pursuant to agreement between the city of Santa Ana and the Sanitation District. "Development project" means any proposed construction project which is or will be the subject of a building permit application and which adds fixture units. "Fixture unit" has the same meaning as it has in the Plumbing Code of the City of Santa Ana. The number of fixture units of a development project is determined as provided in the said Plumbing Code. "Memory Lane Interceptor" means that certain sewer line designated by the Sanitation District as the "Memory Lane Interceptor, Contract No. 2-30," having a proposed route starting on the west side of the Santa Ana River at Memory Lane, proceeding eastward along Memory Lane, under the Santa Ana Freeway (Interstate 5), and along Owens Drive, then northward along Parker Street to La Veta Avenue. Ordinance NS-2178 Page 2 "Sanitation District" means County Sanitation Districts Nos. 1 and 2 of Orange County. "Service Area" means all that area in the City of Santa Ana to the northeast of the Santa Ana Freeway (Interstate 5) and either (1) north of Santiago Creek and east of Main Street, or (2) west of Main Street. Sec. 39-81. Findings. In adopting this article, the City Council of the City of Santa Ana finds and determines as follows: 1. The Sanitation District proposes to construct the Memory Lane Interceptor pursuant to an agreement with the cities of Santa Ana and Orange whereby those cities will be responsible for providing to the Sanitation District their respective shares of the cost of such improvement. 2. Due to the fact that sewers serving the service area are now operating at capacity, no further major development projects can occur in the service area prior to the construc- tion of the Memory Lane Interceptor. 3. It is necessary and appropriate that the City of Santa Ana's portion of the costs of the Memory Lane Interceptor be born by those persons improving property in the service area with development projects, rather than by the public at large. 4. The fee imposed by this article is for the purpose of providing funding for that portion of the cost of the Memory Lane Interceptor which is allocated to the city of Santa Ana and revenues raised by the fee will be used either (1) directly for that purpose, or (2) to reimburse the City as the source of initial funding of the Memory Lane Interceptor for part of the payments made for the Memory Lane Interceptor by the City as the source of initial funding. 5. There is a reasonable relationship between the use of the fee imposed by this article for the Memory Lane Intercep- tor, the need for the Memory Lane Interceptor, and the types of major development projects which are subject to the said fee, because major development projects cannot proceed at all in the service area unless additional sewer facilities are provided to service that area, and the Memory Lane Interceptor is the most appropriate means to provide such additional sewer service. 6. The amount of the fee imposed by this article is reasonable, in that it is based on anticipated development 395 Ordinance NS-2178 Page 3 397 projects in the service area and the portion of the cost of the Memory Lane Interceptor allocated to the City of Santa Ana. Sec. 39-82. Imposition of fee. There is imposed upon each development project in the fee area a development fee in the amount of $98.00 per fixture unit. The fee imposed by this section is in addition to any other development fees imposed by this code, except that it shall be in place of the sewer connection fee established by section 39-53. No building permit shall be issued for any part of a development project in the fee area until the fee imposed by this section has been paid; provided, however, the city may require earlier payment of the fee through conditions imposed on any discretionary approval of the development project by the City or through a development agreement between the City and the developer. Sec. 39-83. Memory Lane Interceptor fee fund. Ail money received by the City pursuant to section 39-82 shall be deposited in a separate account known as the Memory Lane Interceptor fee fund. Money in such account may be invested in the same manner as other City money and any interest earned thereon shall likewise accrue to the Memory Lane Interceptor fee fund. Money in the Memory Lane Interceptor fee fund may be used solely for the purpose of paying the City allocation until the City allocation, exclusive of the Agency payment, has been paid in full, except as otherwise provided in section 39-83.5. Sec. 39-83.5. City prepayment of City allocation. If and to the extent that the City has paid the City allocation to the District (exclusive of the Agency payment) with funds other than those paid into the Memory Lane Interceptor fee fund pursuant to section 39-83, then payments into that fund shall be used to reimburse the city for such payment. SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, Ordinance NS-2178 399 Page 4 phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 3: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 5th day of October 1992__. ATTEST: ~eo~' t~Ycounci~/ Dat~ H{ Young ~J / Mayor COUNCILMEMBERS: Young Aye Pulido Aye Acosta Aye Griset Aye McGuigan Aye Norton Ay~ Richardson Ay~ APPROVED AS TO FORM: city Attorney 4OO CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange adopted by the city Council /0-~- ~ ; and that accordance with the Charter I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance ~/~/7~ to be the original ordinance of the City of Santa Aha on said ordinance was published in of the C~ty of Santa Ana. - / of the Cou~il, City of Santa Ana Date