Ordinance No. 9817
ORDINANCE NO 98
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING
ORDINANCE NOS 77 AND 86, THE SUBDIVISION ORDINANCES, AND ESTABLISH-
ING FEES PURSUANT TO SECTION 11543 5 OF THE BUSINESS AND PROFESSIONS
CODE OF THE STATE OF CALIFORNIA
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS
SECTION 1. Section 5-16 of Ordinance No. 77 as amended by Ordinance
No. 86 is further amended as follows
Subsection (d) thereof is revised to read as follows
(d) For any portion of the subdivision which is contained
within Area 1-B Revised, as defined in the Master Plan of Drainage
hereinafter referred to, a charge computed at the rate of Three
Hundred Fifty Dollars ($350.00) per acre
A new subsection (e) is added thereto as follows:
(e) For any portion of the subdivision which is contained
within Area 2-A, as defined in the Master Plan of Drainage here-
inafter referred to, a charge computed at the rate of Seven Hundred
Fifty Dollars ($750 00) per acre
SECTION 2: The funds derived from the fees charged with respect to
Areas 2-A and 1-B Revised, as imposed herein, shall be utilized for
purposes of defraying the actual or estimated costs of constructing
planned drainage facilities for the removal of surface and storm waters
from such local or neighborhood drainage areas Such charges and fees
shall hereinafter be referred to for convenience as "drainage charges".
SECTION 3- This Ordinance shall apply to any proposed subdivision in
Areas 2-A and 1-B Revised, the tentative map for which is filed 30 days
or more subsequent to the effective date of this Ordinance
SECTION 4: The City Council hereby refers to the Master Plans of
Drainage 2-A and 1-B Revised, prepared by the City Engineer of the
City of Cypress, Master Plan of Drainage 2-A was duly adopted by this
City Council by Resolution No 184 and Master Plan of Drainage 1-B Revised
was duly adopted by Resolution No 183 on July 17, 1961 all pursuant to
section 65469 of the Government Code of the State of California Said
Master Plans of Drainage 2-A and 1-B Revised contain estimates of the total
costs of constructing the local drainage facilities required by the Plans
SECTION 5. The City Council hereby finds and determines that the
subdivision and development of property within the planned local drainage
areas will reouire construction of the facilities described in the Master
Plans of Drainage 2-A and 1-B Revised and that the fees are fairly
apportioned within the local drainage areas both on the basis of benefits
conferred on property proposed for subdivision, and on the need for local
drainage facilities created by the proposed subdivision, and development
of other property within the local drainage areas
SECTION 6• Fees required by this Ordinance shall be paid into a
"Planned Local Drainage Facilities Fund" A separate fund shallbe
established for each local drainage area Monies in such fund shall be
expended solely for the construction or reimbursement for construction
of local drainage facilities within the planned local drainage area
from which the fees comprising the fund were collected In the discretion
of the City Council cash or other consideration may be accepted in
lieu of the payment of fees.
SECTION 7: The City may advance money from its general fund to
pay the cost of constructing drainage facilities within a local drainage
area and may reimburse the general fund for such advances from the
Planned Local Drainage Facilities Fund for the local drainage area in
which the drainage facilities were constructed.
Ordinance No 98
SECTION 8: The City may incur an indebtedness for the construction
of drainage facilities within a local drainage area; provided that the
sole security for repayment of such indebtedness shall be monies in the
Planned Local Drainage Facilities Fund.
SECTION 9: With respect to drainage charges, this Ordinance shall
remain effective so long as Section 11543 5 of the Business and Professions
Code of the State of California remains effective Should said Section
11543 5 be extended by the legislature of the State of California, the
effective date of this Ordinance shall automatically be extended to the
same extent.
SECTION 10 This Ordinance is an urgency Ordinance and shall take
effect immediately The facts constituting the urgency are as follows*
Several subdivisions have already commenced within the City
of Cypress and it is anticipated that additional subdivision
maps will be presented to the City for approval in the near
future Each subdivision within the areas defined in this
Ordinance will contribute to the already existing drainage
problems within said areas and drainage problems constitute
one of the major problems of the City of Cypress affecting
the general health, safety and welfare of its residents It
is essential to the proper management of the City's drainage
problems that this Ordinance be in effect prior to the filing
of future subdivision maps
PASSED AND ADOPTED BY THE City Council of the City of Cypress at a
regular meeting held on the 17th day of July 1961, by the following
roll call vote
AYES. 4 COUNCILMEN Arrowood, McCarney, Van Dyke, Baroldi
NOES 0 COUNCILMEN• None
ABSENT. 1 COUNCILMAN Denni
ATTEST*
CITY CL
TTY OF CYPRESS
MAYOR OF THE CITY OF CYPRESS
Ordinance No 98