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