HomeMy WebLinkAbout1133' ORDINANCE NO. 1133 (1989 SERIES)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
REPEALING SECTIONS 13.04.100, 13.04.110, 13.08.040 THRU 13.08.080 AND
ADDING NEW SECTIONS 13.04.100 AND 13.08.040 AND
AMENDING SECTION 16.44.090 AND ADDING SECTION 16.44.091 OF
THE SAN LUIS OBISPO MUNICIPAL CODE RELATING TO METHODS OF EXTENDING
WATER AND SEWER MAINS AS REQUIRED BY DEVELOPMENT AND PROVIDING
A WAY TO REIMBURSE DEVELOPERS FOR CONSTRUCTION THAT BENEFITS OTHERS.
BE IT ORDAINED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. Sections 13.04.100 and 13.04.110 of the San Luis Obispo
Municipal Code are hereby repealed.
SECTION 2. Section 13.04.100 is hereby added to the San Luis Obispo
Municipal Code as follows:
13.04.100 Main Extensions
Water mains may be extended by developers or other interested parties
that would benefit by their extension providing the improvements are
designed to current city standards and policy and are approved by the
Director of Public Works and the Director of Utilities.
The owner or developer who installs improvements which abut property
' other than that being developed or in a greater size or capacity than that
required for the development of the property under consideration, may be
reimbursed as provided in Section 16.44.091 of this Municipal Code.
SECTION 3. Sections 13.08.040, 13.08.050, 13.08.060, 13.08.070, and
13.08.080 of the San Luis Obispo Municipal Code are hereby repealed.
SECTION 4. Section 13.08.04 is hereby added to the San Luis Obispo
Municipal Code as follows:
13.08.040 Main Extensions to customers other ti,an subdivisions - -Terms and
Conditions
Sewer mains may be extended by developers or other interested parties
that would benefit by their extension at their cost providing the
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Ordinance No.1133 (1989 Series)
Page Two.
improvements are designed to current city standards and policy and are
approved by the Director of Public Works and Director of Utilities.
The owner or developer who installs improvements which abut property
other than that being developed or in a greater size or capacity than that
required for the development of the property under consideration, may be
reimbursed as provided in Section 16.44.090 of this Municipal Code.
SECTION 5. Section 16.44.090 of the San Luis Obispo Municipal Code is
hereby amended to read as follows:
16.44.090 Oversized improvements reimbursements
As a condition of approval of a development project, it may be
required that improvements (including streets) be of a supplemental size,
capacity or number for the benefit of property not within the subdivision,
and that the improvement be dedicated to the public. If such condition is
imposed, provision for reimbursement to the subdivider may be allowed in
accordance with Section 16.44.091 of this code.
SECTION 6. Section 16.44.091 is hereby added to of the San Luis
Obispo Municipal Code to read as follows:
16.44.091 Reimbursement
A. Eligibility
Whenever improvements are required to be installed adjacent to
property other than that being developed or in greater size or capacity
than that required for the development of the property under
consideration, the developer of the improvements may be eligible for
reimbursement if the following conditions are satisfied:
1. The city and Developer agree that the improvements
significantly benefit and serve property that is not within the
subdivision or site development area;
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Ordinance No.1133 (1989 Series)
Page Three.
2. The city and Developer enter into a reimbursement agreement in
a form approved by the City Attorney;
3. The Developer submits evidence of the actual costs of the
improvements described in the reimbursement agreement.
(a) Evidence shall be provided in the form of receipted bills,
cancelled checks, or contracts.
(b) Evidence shall be submitted within 60 days of the city's
acceptance of the improvements. Failure to timely submit evidence
shall void the reimbursement agreement.
B. Conditions for Reimbursement Payments
Whenever property develops where:
1. Improvements have been installed by the developer of an
adjoining or nearby property; and
2. The improvements directly benefit the property currently being
developed; and
3. An agreement for reimbursement has been entered into by the
city and developer who installed these improvements; and
4. Not more than 15 years have elapsed since the execution of the
reimbursement agreement; and
5. The original developer has submitted satisfactory
documentation; the City will attempt to collect from the benefitting
party, prior.to the issuance of development permits, a prorated share
of the documented cost of improvements described in the reimbursement
agreement. Reimbursement will be in accordance with Sections 66485
et. seq. of the Subdivision Map Act as amended from time to time.
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Ordinance No. 1133 (1989 Series)
Page Four.
C. Payment of Reimbursement
When prorated shares of the cost of improvements are collected from
the developers of new projects, the money collected shall be paid in
accordance with the terms of the agreement. The City shall not be
required to reimburse more money than it actually collects.
Reimbursements shall be made only when the city collects money from
the developers of new projects notwithstanding any provision of any law,
this code or the reimbursement agreement. Failure or error by the City
resulting in funds not being collected will not subject the City to any
liability, obligation or debt being owed the original developer.
SECTION 7. A summary of this ordinance, approved by the City
Attorney, together with the ayes and noes, shall be published at least
five (5) days prior to its final passage in the Telegram- Tribune, a
newspaper published and circulated in said City, and the same shall go
into effect at the expiration of thirty (30) days after its said final
passage. A copy of the full text of this ordinance shall be on file in
the office of the City Clerk on and after the date following introduction
and passage to print and shall be available to any interested member of
the public.
SECTION 8. A summary of this ordinance, approved by the City
Attorney, together with the ayes and noes, shall be published at least
five (5) days prior to its final passage in the Telegram- Tribune, a
newspaper published and circulated in said City, and the same shall go
into effect at the expiration of thirty (30) days after its said final
passage. A copy of the full text of this ordinance shall be on file in
Ordinance No. 1133 (1989 Series)
Page Five.
the office of the City Clerk on and after the date following introduction
and passage to print and shall be available to any interested member of
the public.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at a meeting held on the 21st day of February , 1989, on
motion of Councilmember Settle
, seconded by Councilmember Rappa
and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin
NOES: None
ABSENT: None
ATTEST:
V
CITY LERK Pam Vo tp
APPROVED:
City Agministrative Officer
City Aty/or-gey
YOR Ron unin
Public Works Director
C ty E ineer
/v Y-X-� -� TWX4.
Fi a e Director Utilities Director
i-
ORDINANCE NO. 1133
(19 89 Series)
FINALLY PASSED this 7th day of March
19 89, on motion of Councilman Settle seconded by
Vice -Mayor Pinard , and on the following roll call
vote:
AXggi Councilmember Settle, Vice -Mayor Pinard, Councilmember Reiss
and Mayor Dunin
NOES: None
ABSENT: Councilmember Rappa
e*dy�o_r_Ron Dunin
ATTEST:
I /
City lerk Pam Vo s
Ja
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