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HomeMy WebLinkAbout1991-01-22; City Council; NS-137; CMC 13.10.030 amend - Sewer capacity fee ($1,610.00)...e e 1 2 3 4 ORDINANCE NO. NS-137 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 13, CHAPTER 13.10 OF THE CARLSBAD MUNICIPAL CODE RELATING TO SEWER CAPACITY FEES. WHEREAS, the City has authorized Wilson Engineei 5 6 7 8 9 10 11 12 slug ?>: 13 gang KKCb noaa 14 z>:z mcng 15 li '<A consulting engineers, to conduct a study updating its 1987 Mr Plan of Sewerage: and WHEREAS, that study entitled "City of Carlsbad Capa Fee Update to the December 1987 Master Plan of Sewerage" completed in June 1990 and is incorporated as Exhibit A to ordinance (hereinafter referred to as the "Wilson Plan"); and WHEREAS, that study estimates the capital costs construction of improvements to the Encina Water Pollution Con Facility, the Vista/Carlsbad Interceptor and other City cap 0 0; 8 % WHEREAS, fees to implement the construction of t: ocsa projects; and z$YJ improvements in the various areas of benefit set forth in oa~d 16 zoss '$89 17 Wilson Plan; and E22 k>m6 uo WHEREAS, the fees so established do not exceed 18 19 20 21 22 23 24 25 26 27 28 reasonable costs of constructing these facilities and the fees not levied for general revenue purposes; and WHEREAS, this study was available for public inspect and review fourteen (14) days prior to this public hearing: ar WHEREAS, the Finance Director is directed to establis fund or funds necessary to collect the fees so imposed and maintain said fund or funds and the interest collected therein to authorize expenditures for only those projects, bond payments other construction activities set forth in the Wilson Plan. Finance Director is further directed to make a report, at le 11) L e 0 annually, and within 60 days of the close of the fiscal 1 determining the beginning and ending balances for the fiscal 2 3 and the fees, interest and other income and amount of expend: 4 on each public facility. The fees deposited in the fund or f fund for five or more years are still necessary and needed for 11 any portion of the fees remaining unexpended or uncommitted in lo required, the City Council may make written findings that a1 9 The Finance Director shall monitor these funds so that, 8 then 15 days after making said information available to the pub 7 available to the public and to report to the City Council not 6 The Finance Director is further directed to make this informe 5 shall not be commingled with any other fees or revenue of the c cl l2 purpose to which the fee is to be expended and demonstrat m>z 13 swg $Eg OIL0 reasonable relationship between that fee and the costs of aoaa 14 mGclg 15 I-5c LL ,a1 NOW, THEREFORE, the City Council of the City of Carlsl ,->ma 5Z-J I uco 16 >:z gpg z>s %gY 17 improvements. wmv PO3$ California does ordain as follows: ko SECTION I: That Title 13, Chapter 13.10 of the Carl: l8 paragraphs of Section 13.10.030 to read as follows: l9 Municipal Code is amended by the amendment of the first and sec 20 21 22 23 "The Sewer Capacity Fee shall be adjusted annual 24 Angeles Construction Cost Index with a base year index of 5,8C 25 EFFECTIVE DATE: This ordinance was adopted at a noti 26 public hearing at which time the Council also considered the Wil 27 Plan which plan and associated information was available to 28 general public for a period of at least 14 days prior to the pub 0 "Except as provided, every person who wishes to use City sewer system and the Encina Treatment Plant shall pay to City, prior to the issuance of a sewer permit, a sewer capacity of one thousand six hundred ten dollars ($1, 610) per equival dwelling unit. effective July 1, according to the Engineering News Record 2. I (I 1 2 3 4 5 6 7 8 9 10 11 0 Q" y2- mu8 gpg rrrrcb OIL;" nouQ Z>iF ol-sn: maOK 0 u: 'Q-1 zwmo +tm~ grrrrri ZOSQ, >$gY >2% 60 ZJ 16 17 18 ;id l9 .ll e 0 hearing. The fee established by this ordinance shall apply t issuance of any building permit, for any residential develo issued 60 days following this ordinance's adoption and fol other types of development 30 days following its adoption. City Clerk shall certify to the adoption of this ordinanct cause it to be published at least once in the Carlsbad JOI within 15 days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of Carlsbad City Council on the 15th day of January and thereafter I- PASSED AND ADOPTED at a regular meeting of the Council of the City of Carlsbad on the 22nd day of January 1991, by the following vote, to wit: AYES: Council Members Lewis, Larson, Stanton and Nygaard NOES: None ABSENT : None ABSTAIN: Council Member Kulchin APPROVED AS TO FORM AND LEGALITY 20 21 22 23 25 24 ATTEST: 27 KAREN R. KUNDTZ, ent City Clerk 26 A-HA L?&T Z, City Clerk 28 I I 0 a EXHIBIT