Ordinance No. 136ORDINANCE NO 136
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING
ORDINANCE NOS. 77, 86, 98 and 123, 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, 98 and 123, is further amended as follows:
Subsection (e) thereof is revised to read as follows
(e) For any portion of the subdivision which
is contained within Area 2-A Revised, 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
Subsections (i) and (y) are hereby deleted.
Section 2 The funds derived from the fees charged with
respect to Area 2-A 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 area 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 Area 2-A 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 Plan
of Drainage 2-A Revised, prepared by the City Engineer of the City
of Cypress, Master Plan of Drainage 2-A Revised was duly adopted
by this City Council by Resolution No. 288, on August 20, 1962, all
pursuant to Section 65469 of the Government Code of the State
of California Said Master Plan of Drainage 2-A Revised contains
an estimate of the total cost of constructing the local drainage
facilities required by the Plan
Section 5 The City Council hereby finds and determines that
the subdivision and development of property within the planned local
drainage area will require construction of the facilities described
in the Master Plan of Drainage 2-A Revised, and that the fees are
fairly apportioned within the local drainage area both on the basis
of benefits conferred on the 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
area
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
Ordinance No 136
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 construc-
tion 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 auto-
matically 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 antici-
pated that additional subdivision maps will
be presented to the City for approval in the
near future. Each subdivision within the
area defined in this Ordinance will contribute
to the already existing drainage problems
within said area, and drainage problems con-
stitute 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 20th day of August, 1962, by the
following roll call vote.
AYES• 5 COUNCILMEN: Gordon, Gorzeman, Noe, Wright and Van Dyke
NOES. 0 COUNCILMEN None
ABSENT. 0 COUNCILMEN: None
ATTEST.
CITY CLERK
Ordinance No 136