HomeMy Public PortalAboutOrdinance 762ORDINANCE NO. 762
AN ORDINANCE OF THE CITY OF BEAUMONT
ESTABLISHING A WATER FACILITIES FEE WITHIN
THE SOUTHWEST PROPERTIES BENEFIT DISTRICT
TO FINANCE THE COST OF CONSTRUCTION OF
WATER IMPROVEMENTS
WHEREAS, the City Council of the City of Beaumont on May 13, 1996 adopted Resolution
No. 1996-25 declaring its intention to impose certain fees with respect to property within the area
of benefit within the boundaries of the territory, more particularly identified on Exhibit A hereto (the
"Area of Benefit") for the purpose of defraying the actual or estimated cost of constructing water
improvements known as the Southwest Properties Waterline Project (as more particularly defined
below, the "Improvements"); and
WHEREAS, pursuant to said Resolution, Monday, June 10, 1996 and Monday, June 24,
1996 at 6:00 o'clock p.m., in the regular meeting place of the City Council, 550 East Sixth Street,
Beaumont, California, were appointed as the time and place for a public meeting and for a public
hearing, respectively, in relation to the proposed boundaries of the Area of Benefit of the
Improvements, the estimated cost of the Improvements, the proposed method of allocation of the
costs to the Area of Benefit, and the apportionment of fees, notices of which meeting and hearing
were duly and regularly posted, mailed and published as required by the California Government Code;
and
WHEREAS, said meeting and hearing were duly and regularly held and all persons interested
desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to
said boundaries, the estimated costs of the Improvements, the proposed method of allocation of the
costs and the apportionment of fees were fully heard and considered by the City Council of the City
of Beaumont and all protests, both written and oral, were duly heard and considered;
THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS
FOLLOWS:
Section 1. Purpose. The purpose of this ordinance is to make provision for assessing and
collecting fees, herein referred to as "water facilities fees," as a condition of issuing a permit for
development of any portion of land which is benefitted by the acquisition and construction of the
Southwest Properties Water Project (as described in Exhibit A hereto and in the Capital Improvement
Plan for Fiscal Year 1995-96, as amended) (the "Improvements") for the purpose of defraying the
actual or estimated costs of construction of the Improvements.
Section 2. Definitions. Whenever the following words are used in this ordinance, they
shall have the following meaning:
a. "Construction" means design, acquisition of right-of-way, administration of
construction contracts and actual construction and such other items as may be authorized by laws of
the State of California.
b. "Improvements" means water improvements known as the Southwest Properties
Waterline Project as further described in the Capital Improvement Plan for Fiscal Year 1995-96, as
amended, for the area delineated in a map showing the boundaries of the area of benefit and the
location of such improvements (the "Area of Benefit") and which Capital Improvement Plan contains
an estimate of the total costs of construction of the Southwest Properties Waterline Project.
Section 3. Payment of Fee Required. Fees for such purpose shall be imposed upon new
construction within the Area of Benefit and shall be imposed and payable as a condition of issuing
a building permit. As authorized by Section 66007 of the California Government Code, the City has
determined that the fees will be collected for Improvements to be paid for from the Water Facilities
Fund and for which moneys are being appropriated and for which the City has adopted a proposed
construction schedule or plan prior to final inspection or issuance of the certificate of occupancy and
the fees or charges are to reimburse the City for expenditures which will have been previously made.
Section 4. Map. The map of the Area of Benefit to pay for the costs and expenses of the
water improvements showing the general nature, location and extent of the proposed Improvements
and showing the boundaries of the territory containing the lands proposed to be charged with fees
to pay the costs and expenses of the proposed Improvements entitled.
S. W. Properties Waterline Project
(the "Map of the Area of Benefit") is hereby approved and adopted in the form attached hereto and
made a part hereof as Exhibit A.
Section 5. Filing of Map. The original map of the Area of Benefit and one copy thereof
shall be filed in the Office of the City Clerk and in the records of the Department of Planning and
Engineering of the City.
Section 6. Governing for Details. The Map of the Area of Benefit shall govern for all
details as to the extent thereof.
Section 7. Certification of Adoption. A Certificate evidencing the date and adoption
of this ordinance shall be endorsed on the original Map on the Area of Benefit and on at least one
copy thereof.
Section 8. Fees. The fees to be imposed upon each parcel of property within the Area
of Benefit are set forth on Exhibit B attached hereto and made a part hereof.
Section 9. Purpose of Fees. The fees shall be used for the purpose of defraying the
actual or estimated cost of the Improvements.
Section 10. Estimated Costs. The estimate of the costs of the acquisition and
construction of the Improvements, as contained in the Capital Improvement Plan, is $700,000 and
the City Council of the City of Beaumont hereby finds and determines that, of said amount,
approximately $380,000 shall be paid through the imposition and collection of fees pursuant to the
Ordinance.
Section 11. Apportionment of Costs. The City Council of the City of Beaumont hereby
determines that subdivision and development of property within the planned local area will require
construction of the Improvements and that the fair method of apportionment of the costs of the
Improvements to the Area of Benefit and the method of apportionment of the fees shall be as set forth
in Exhibit B hereto based on equivalent dwelling units and linear feet of front footage. The City
Council of the City of Beaumont hereby finds and determines that the fees are fairly apportioned
within the Area of Benefit on the basis of the need for such Improvements created by the proposed
subdivision and development of property within the Area of Benefit. The City Council further finds
and determines that there is a reasonable relationship between (I) the fee's use and the types of
development projects on which the fee will be imposed and (ii) the need for the Improvements and
the types of development projects on which the fee will be imposed.
Section 12. Improvements Are In Addition to Existing Water Facilities. The
Improvements are in addition to existing water facilities serving the Area of Benefit at the time of
adoption of the Resolution of Intention.
Section 13. Establishing Area of Benefit - Hearing Required. A public hearing has
been held by the City Council of the City of Beaumont at which time the boundaries of the Area of
Benefit, the costs, whether actual or estimated, a fair method of allocation of costs to the Area of
Benefit and fee apportionment, and the fee to be collected were considered.
Notice of the public hearing was given pursuant to the Government Code and included
preliminary information related to the boundaries of the Area of Benefit, estimated cost and the
method of fee apportionment. The City Clerk caused mailed notice of the public hearing and
preliminary information related to the boundaries of the Area of Benefit, estimated costs of the
Improvements and method of fee apportionment to be given as follows:
(a) to all persons owning real property within the boundaries of the
Proposed Area of Benefit, as shown on the late equalized
Assessment roll;
(b) to each local agency expected to provide water, sewer, streets,
Roads, schools or other essential facilities or services to the
Area of Benefit, whose ability to provide those facilities and
Services may be significantly affected by the Improvements; and
(c) to any interested party who files a written request with the City
for mailed notice of the meeting on new or increased fees or
service charges.
In addition, the City Clerk caused notice of the public hearing and preliminary information
relating to the boundaries of the Area of Benefit, estimated costs of the Improvements and method
of fee apportionment to be published and posted as follows:
(a) Published twice in the Community Advisor, a newspaper of
General circulation within the City at least fourteen (14) days
prior to the public meeting; and
(b) Posted fourteen (14) days prior to the public meeting in at least
three (3) public places within the boundaries of the City including
one public place within the Area of Benefit.
Section 14. Establishing Area of Benefit. The City Council of the City of Beaumont
hereby finds that a majority protest has not been made and hereby determines to confirm the Area of
Benefit and the other determinations as set forth herein and to adopt the ordinance.
The City Council of the City of Beaumont shall announce its decision by resolution. There
are hereby established by this ordinance fees for the purpose of defraying the actual or estimated cost
of constructing the Improvements as described in this ordinance. Such apportioned fees shall be
applicable to all property within the Area of Benefit and shall be payable as set forth in Section 3
hereof.
Section 15. Calculation of Fee. The calculation of any water fee required to be paid
under the provisions of this Ordinance shall be based upon the fee schedule in effect at the time of
actual payment.
Section 16. Water Facilities Fund. A fund is hereby established designated:
Water Facilities Fund - Southwest Properties Water Project
(The "Water Facilities Fund")
Section 17. Deposit of Fees. The fees paid pursuant to this Ordinance shall be deposited
in the Water Facilities Fund.
Section 18. Expenditures of Moneys. Moneys in the Water Facilities Fund shall be
expended solely for the Construction or reimbursement for Construction of the Improvements serving
the Area of Benefit or to reimburse the City of Beaumont for the cost of engineering and
administrative services to form the Area of Benefit or to reimburse the City of Beaumont and to
design and construct the Improvements.
Section 19. Advance of Money. In its sole discretion, the City Council of the City of
Beaumont may advance money from its general fund, from moneys made available by the Beaumont
Redevelopment Agency (the "Agency"), CFD No. 93-1 or any water fund to pay the costs of
constructing the Improvements and may reimburse the general fund, the Agency, CFD No. 93-1 or
water fund for such advances from fees deposited in the Water Facilities Fund.
Section 20. Indebtedness. In its sole discretion, the City Council of the City of Beaumont
may incur, or cooperate with the Agency with respect to the Agency incurring, interest bearing
indebtedness for the Construction of the Improvements; provided that the sole security for repayment
of such indebtedness shall be moneys in the Water Facilities Fund.
Section 21. Ordinance Shall Not Be Codified. This Ordinance shall not be codified.
Section 22. Notice of Adoption of Ordinance. The City Clerk of the City of Beaumont
is hereby directed to publish this ordinance once within fifteen (15) days following its adoption in the
Community Advisor, a newspaper of general circulation published in the City of Beaumont.
Section 23. Effective Date. This ordinance shall be in full force and effect 60 days from
and after its adoption.
PASSED AND APPROVED this 24th day of June, 1996 by the following vote:
AYES: Mayor Leja, Mayor Pro Tem Berg, and Councilmembers Parrott, Westcot and
Zeller.
NOES: None.
ABSTAIN: None.
ABSENT: None.
MOVED, PASSED AND ADOPTED this 8th day of July, 1996 by the following vote:
AYES: Mayor Pro Tem Berg, and Councilmembers Parrott, Westcot and Zeller.
NOES: None.
ABSTAIN: None.
ABSENT: Mayor Leja.
ATTEST:
CITY ERK
MAYOR FOR THE CITY OF BEAUMONT
CERTIFICATION
The foregoing is certified to be a true copy of Ordinance No. 762 duly introduced at a
regular meeting of the City Council held on 6/24/96 and duly adopd upon a second reading on
7/8/96 by the roll call votes indicated therein.
EXHIBIT A
MAP OF SOUTHWEST PROPERTIES WATER PROJECT
A-1
BMTORD.30D/LT/150
PAGE . 003
(D
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FROM ( 909 )
IMIIIIII1111119N1 111E11111 Al 811111111111111111N1111111pMrl
S.W. PROPERTIES WATERLINE
PRCLIECI'
SCALE: 1" c 1500
SAN T
ETEO CANYON
COURSE DATA
S89' 12'54"E 2769.08'
QN00'32'46"W 2709.06'
EASTERLY
NORTHWESTERLY
N88'44'28" W 4992.83'
1400115'45"E 844.56'
STATE
vas.. f .1W
B. B. B. & M.
`:.J WESTERLY
0 S00' 16' 38" W 2699.57'
8
0 EASTERLY
S00'15'45" W 300.06'
0 EASTERLY
12 S01'25131"E 2444.87'
W
ti
H
as
H
xw
X H
W3
0
W
0
4.40
EXHIBIT B
PROPOSED FEES TO BE IMPOSED
IN THE AREA OF BENEFIT
B-1
BMTORD.30D/LT/150
David Taussig & Associates
CITY OF BEAUMONT
SOUTHWEST PROPERTIES BENEFIT DISTRICT
TABLE 1: ALLOCATION OF COST OF WATER LINE
LINEAR FEET
DRAFT
06/19/96
11:30 AM
APN OWNER ACRES EDU < EDU CHARGE OF FRONTAGE FRONTAGE FEE TOTAL Cn
tzl
CFD No. 93-1
414-100-004,05,08; 414.110-003,04,12,14,16,18,20 Heartland Calif Beaumont Ltd. 417.21 1,958.00 $174,244.84 NA NA $174,244.84 by
421.060.005.08 Hi Sixty Assoc L P 155.07 SILOS 352.326.25 2,4011 $S6.000.00 1.1.411.326115 t
Subtotal NA 57228 2,546.00 $226,571.69 2,400 $98,000.00 $322,571.69 to
Redevelopment Agency 1-3
414-120-001 Beaumont Mesa 155.68 622.72 555,416.62 NA NA 555,416.62
414-120-004 Chandler Group 91.83 1,099.51 597,846.86 180 57,200.00 597,848.86 td
414-120-008 Erland, Frederick & Anne 4.85 55.88 $4,954.68 270 510,800.00 54,964.88 tri
414-120-009 Lutzkanov, Dinio 4.19 50.17 $4,484.64 286 $11,400.00 54,464.54 H
414-120-010 Nejedly, A.C. 13.27 199.05 $17,713.71 NA NA 517,713.71 tii
DC
414-120-011 Nejedy, A.C. 13.26 198.90 517,700.36 NA NA 517,700.36 l -d x
414-120-012 Nejedly, A.C. 3.86 54.90 $4,885.82 NA NA 54,885.82 0 i -a
414-120-013 Nejedy, A.C. 2.04 24.43 52,173.66 285 511,400.00 52,173.66 cil =1
414-120-015 Pfeiffer, Kent & Jacqueline 8.96 83.33 57,418.03 . 450 518,000.00 57,416.03 C y
414-120-016 Hamilton, Dale & Willa 5.23 82.62 55,572.68 340 513,600.00 55,572.88
414-120-017 Nejedy,A.C. 1.60 19.16 51,704.83 170 58,800.00 51,704.83 Z G.-
414-120-018 DimiIo, Tony 0.26 3.11 5277.04 110 $4,400.00 $277.04
414-120-020 Riniker, Eugene & Beverly 2.70 32,33 $2,878.91 165 56,800.00 $2,876.91
414-130-007 Pfeifer, Dan & James & Michael 14.42 172.66 515,364.82 NA NA $15,364.82
414-130-011 Kunz & Co. 0.85 10.18 $905.69 NA NA $905.69
414-130-012 Watson, Cheryl 14.12 169.06 515,045.17 NA NA 515,045.17
414-130-014 Rycheckyu __ n____ Frank L0$ 8¢.8$ $2,$54,55 NA t A 57 554.58
Subtotal NA 341.81 2,942.69 5261,873.76 2,255 590,200.00 5352,073.76
414-120-019 Schmidt. Robert & Muriel 7.19 34.8 57.554.5$ 44$ $17.800.00 525.354.55
Total Estimated Cost NA 921.18 5,573.58 5496,000.00 5,100 $204,000.00 5700,000.00
COST PER EDU/LINEAR FOOT
$88.99 $40.00
II33N3g 30 V TNT