Ordinance No. 123ORDINANCE NO 123
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING
ORDINANCE NOS 77 86 and 98, THE SUBDIVISION ORDINANCES, AND
ESTABLISHING 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
Nos 86 and 98 is further amended as follows*
Subsection (f) (g) (h) (i) (j) (k) (1) (m) (n) (o) (p) (q) (r)
(s) (t) (u) (v) (w) (x) (y) are added thereto as
follows*
(f) For any portion of the subdivision which is contained
within the area 3-A, as defined in the Master Plan of Drainage
hereinafter referred to a charge computed at the rate of Four
Hundred Fifty Five Dollars (S455.00) per acre.
(g) For any portion of the subdivision which is contained
within the area 3-B, as defined in the Master Plan of Drainage
hereinafter referred to a charge computed at the rate of Nine
Hundred Fifty Dollars ($950 00) per acre
(h) For any portion of the subdivision which is
within the area 3-C as defined in the Master Plan of
hereinafter referred to, there is no charge per acre
(i) For any portion of the subdivision which is
within the area 3-D as defined in the Master Plan of
hereinafter referred to, there is no charge per acre.
(j) For any portion of the subdivision which is
within the area 3-E, as defined in the Master Plan of
hereinafter referred to there is no charge per acre
(k) For any portion of the subdivision which is
within the area 3-F, as defined in the Master Plan of
hereinafter referred to, there is no charge per acre
contained
Drainage
contained
Drainage
contained
Drainage
contained
Drainage
(1) For any portion of the subdivision which is contained
within the area 3-G, as defined in the Master Plan of Drainage
hereinafter referred to, a charge computed at the rate of Seven
Hundred Ninety Three Dollars ($793 00) per acre
(m) For any portion of the subdivision which is contained
within the area 3-H, as defined in the Master Plan of Drainage
hereinafter referred to, a charge computed at the rate of Nine
Hundred Sixty Dollars ($960 00) per acre
(n) For any portion of the subdivision which is contained
within the area 3-I, as defined in the Master Plan of Drainage
hereinafter referred to, a charge computed at the rate of Six
Hundred Ten Dollars ($610 00) per acre
(o) For any portion of the subdivision which is contained
within the area 3-J as defined in the Master Plan of Drainage
hereinafter referred to, a charge computed at the rate of Four
Hundred Forty Dollars ($440 00) per acre
(p) For any portion of the subdivision which is contained
within the area 3-K, as defined in the Master Plan of Drainage
hereinafter referred to, a charge computed at the rate of Three
Hundred Dollars ($300 00) per acre
Ordinance No. 123
(q) For any portion of the subdivision which is contained
within the area 3-L, as defined in the Master Plan of Drainage
hereinafter referred to, there is no charge per acre.
(r) For any portion of the subdivision which is contained
within the area 3-M, as defined in the Master Plan of Drainage
hereinafter referred to, a charge computed at the rate of Two
Hundred Thirty Five Dollars ($235 00) per acre.
(s) For any portion of the subdivision which is contained
within the area 3-N, as defined in the Master Plan of Drainage
hereinafter referred to, a charge computed at the rate of Five
Hundred Fifty Five Dollars ($555.00) per acre
(t) For any portion of the subdivision which is contained
within the area 3-0, as defined in the Master Plan of Drainage
hereinafter referred to, a charge computed at the rate of Three
Hundred Seventy Five Dollars ($375 00) per acre.
(u) For any portion of the subdivision which is contained
within the area 3-P, as defined in the Master Flan of Drainage
hereinafter referred to, a charge computed at the rate of Three
Hundred Seventy Dollars ($370 00) per acre.
(v) For any portion of the subdivision which is contained
within the area 3-Q, as defined in the Master Plan of Drainage
hereinafter referred to, a charge computed at the rate of Four
Hundred Eighty Five Dollars ($485 00) per acre
(w) For any portion of the subdivision which is contained
within the area 3-R, as defined in the Master Plan of Drainage
hereinafter referred to, there is no charge per acre
(x) For any portion of the subdivision which is contained
within the area 3-S, as defined in the Master Plan of Drainage
hereinafter referred to, a charge computed at the rate of Two
Hundred Forty Dollars ($240 00) per acre.
(y) For any portion of the subdivision which is contained
within the area 4-A, as defined in the Master Plan of Drainage
hereinafter referred to, a charge computed at the rate of Six
Hundred Seventy Five Dollars ($675 00) per acre.
SECTION 2• The funds derived from the fees charged with respect
to all areas excepting 1-A, 1-B Revised and 2-A, 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 shallapply to any proposed subdivision
in areas exclusive of 1-A, 1-B Revised and 2-A the tentative map for
which is filed thirty (30) days or more subsequent to the effective date
of this Ordinance
SECTION 4• The City Council hereby refers to the Master Plan of
Drainage as prepared by the City Engineer of the City of Cypress. Master
Plan of Drainage was duly adopted by this City Council by Resolution No
207 on November 20 1961, all pursuant to Section 65469 of the Government
Code of the State of California Said Master Plan of Drainage contains
estimates of the total costs of constructing the local drainage facilities
required by the Plans.
Ordinance No 123
SECTION 5: The City Council hereby finds and determines that the
subdivision and development of property within the planned local
drainage areas will require construction of the facilities described
in the Master Plan of Drainage 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 shall be
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
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 19th day of February, 1962 by the following
roll call vote
AYES. 5 COUNCILMEN. Arrowood, Denni, McCarney, Van Dyke &
Baroldi
NOES: 0 COUNCILMEN: None
ABSENT. 0 COUNCILMEN: None
ATTEST
411
CITY CLE
MAYOR
Ordinance No. 123