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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