HomeMy WebLinkAbout1991-01-15; City Council; Resolution 91-21i.
1
2
3
4
5
6
7
8
9
lo
11 ''
om
&zcb
$8;: 14 Z>jZ Qk--a: ~G'O OlL 15 u8a-1 >ma gwno gZ&6 zoss 16
+$ 17 Go 18
19
20
21
22
23
24
25
26
27
28
SwS n> 13
530:
qgy
0 0
RESOLUTION NO. gl-*l
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA ESTABLISHING SEWER BENEFIT AREA BOUNDARIES AND FEES.
WHEREAS, the City Council has determined it to be i
public interest to establish Sewer Benefit Area Boundaries and
for the purpose of collecting revenue to reimburse developer:
constructing sewer conveyance system improvements for all pro]
within each benefit area if necessary, or to provide funds fo
City to construct the improvements if necessary: and
WHEREAS, the Benefit Area Fees for Conveyance S'
Improvement Update to the December, 1987 Master Plan of Sew
dated August 1990 (hereinafter referred to as "Wilson St
provides recommendations for establishing boundaries and fees
on improvements required to meet City of Carlsbad Growth Manag
Standards and serve residential, commercial and industrial
constructed by developers,
NOW, THEREFORE, BE IT RESOLVED by the City Council o
City of Carlsbad, California, as follows:
1. That the above recitations are true and correc
2. That the City Council of the City of Carlsbad h
adopts Sewer Benefit Area Boundaries and Fees as recommended i
Wilson Study.
3. That the Benefit Area Fees shall be adj
annually, effectjive July 1, 1991, according to the Engineerinc
Record Los Angeles Construction Cost Index with a base year
of 5,800. The City Council further finds that adjusting th
annually according to this index most accurately reflect:
increased construction costs associated with the improvement
that by using this index the fees shall not exceed the reaso
\
1
2
3
4
5
€i
7
8
9
lo
11
12
om swm a>: 13 &E& 550s ckgg 14 ooaa Z>dZ o,g=
maoF LL '<i 15
+>m<
Z2-l~ $052 arn 16
>Y% 17
wwo
q8y
60
l8
19
20
21
22
23
24
25
26
27
28
e 0
future construction costs and the fees will not be used for gel
revenue purposes.
4. The Benefit Area Fees established by this resoli
are for the purposes of making annual payments and construc
improvements to the City's waste water facilities required th
buildout in the various areas of benefit as shown on the
Wilson Study. These fees are established and imposed for
purposes and do not exceed the reasonable cost of providinc
revenue necessary to make yearly bond payments for the constru
of those improvements listed in the Wilson Plan and
construction of improvements to the sewerage system. These
are not levied for general revenue purposes.
5. The Finance Director is directed to establish a
or funds necessary to collect the fees so imposed and to mai
said fund or funds and the interest collected therein ar
authorize expenditures for only those projects, bond paymen'
other construction activities set forth in the Wilson Plan.
Finance Director is further directed to make a report, at
annually, and within 60 days of the close of the fiscal
determining the beginning and ending balances for the fiscal
and the fees, interest and other income and amount of expend
on each public facility. The fees deposited in the fund or
shall not be commingled with any other fees or revenue of the
The Finance Director is further directed to make this inform
available to the public and to report to the City Council not
then 15 days after making said information available to the pu
The Finance Director shall monitor these funds so that
required, the City Council may make written findings that a
2
1
2
3
4
5
6
7
8
9
10
11
12
om swm m>Z 13 drrcb
g&;: 14 Z>JZ PC-a: ~G'o 0% 15
>ma +Jcoo gZd6 16 zq;
'g8y CY% 17
u 18
19
20
21
22
23
24
25
26
27
28
$$og
LL 'UJ
0
a 0
any portion of the fees remaining unexpended or uncommitted ii
fund for five or more years are still necessary and needed fo:
purpose to which the fee is to be expended and demonstra
reasonable relationship between that fee and the costs of
improvements.
6. This resolution was adopted at a noticed pi
hearing at which time the Council also considered the Wilson
and associated information which was available to the gel
public for a period of at least 14 days prior to the pi
hearing. This fee shall apply to the issuance of any bui
permit, for any residential development issued 60 days follc
the date of adoption of this resolution and for all other typj
development 30 days following its adoption. Any judicial acti
proceeding to attack, review, set aside, void or annul
resolution shall be brought within 120 days.
7 e This resolution supercedes Resolution No.
establishing reimbursement fees for connection to the 1
Batiquitos Sewer Line adopted August 16, 1983.
8. The fees imposed by this resolution shall b
effective on the same date the ordinance imposing sewer cap
fees (Ordinance No. NS 137 ) becomes effective.
///
///
///
///
///
///
///
3
&
1
2
3
4
5
6
7
8
9
10
11
12
Do, 3Lug 22- 13 .coccb g408 0;;2 no44 '4 SdZ I-SC
"'iJn2 15 LL 'ai
~WUJO gE&d 16
ZOS$ qgy
Go
>ma
g22 17
18
19
20
21
22
23
24
25
26
27
28
0 0
PASSED, APPROVED AND ADOPTED at a Regular Meeting
City Council of the City of Carlsbad on the
1991 by the following vote, to wit:
15th day ofJ:
AYES : Council Members Lewis, Larson, Stanton and Nygaa:
NOES : None
ABSENT: Council Mem
ATTEST:
@HA &l SRA UTmKRANZ, City Clerk
KAREN R. KUNDTZ, Assistant City Clerk
4