HomeMy WebLinkAboutOrd 33-08 West Side Storm Drain
ORDINANCE NO. 33 - 08
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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AMENDING ORDINANCE NO. 14-08, WHICH MADE FINDINGS, ADOPTED A LOCAL
DRAINAGE PLAN, AND CREATED THE DUBLIN RANCH WEST SIDE STORM DRAIN
BENEFIT DISTRICT, A LOCAL BENEFIT DISTRICT TO LEVY AND COLLECT CHARGES,
AS A CONDITION OF DEVELOPMENT, TO REIMBURSE DEVELOPERS WHO
CONSTRUCT AND INSTALL DRAINAGE FACILITIES THAT BENEFIT PROPERTIES
OTHER THAN THEIR OWN
RECITALS
A. On March 18,2008, the City Council adopted Ordinance No. 14-08, amending and
restating Ordinance No. 12-02 creating the Dublin Ranch West Side Storm Drain Benefit District and
establishing "benefit charges" to reimburse the developers for costs of constructing drainage
improvements that benefited properties other than their own.
B. Among other things, Ordinance No. 14-08 adjusted the amounts of the benefit charges to
reflect the actual costs of the Improvements as determined by the City. These costs were listed in the
Engineer's report entitled "Calculation of Revised Benefit Charges & Distribution to Financing Parties"
which was attached to the Ordinance (Attachment 3).
C. After the adoption of Ordinance No. 14-08, it was determined that the benefit charge
amounts imposed on Area of Benefit Parcels 2, 3 and 4 by section 5 of the Ordinance are erroneous but
that the amounts listed in Attachment 3 to the ordinance are accurate.
D. The purpose of this amendment, therefore, is to accurately reflect the amount of the benefit
charges for Area of Benefit Parcels 2,3 and 4 in the text of Section 5 of Ordinance No. 14-08.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
Section 1. Section 5 of Ordinance 14-08 is amended as follows:
"SECTION 5: OBLIGATIONS IMPOSED. Upon the approval of a Land Use Entitlement for any
Benefited Property in the District, the owner, developer, or other person with an interest in such
property shall be required, as a condition of approving the Land Use Entitlement to construct the
improvements necessary for that property, as shown in Attachment 1, and/or pay the applicable
benefit charges for the property, whichever is appropriate. The benefit charges for Area of Benefit
Parcels 2, 3, and 4 shall be, respectively, $129.575.67, $167.536.97, and $82.740.21. Payment of
benefit charges shall be required at the time the City approves any final or parcel map on that
property or at the time the City issues a building permit on that property, whichever is earlier. The
benefit charges listed set forth above shall be increased automatically beginning July 1, 2008 and
subsequently at the beginning of each fiscal year by the rate of return the City earns from the Local
Agency Investment Fund ("LAIF"). The annual increases will be calculated a:; follows:
Ord No. 33-08, Adopted 8/5/08, Item 4.6
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a) On or about each July 1st, the City Finance Department will prepare a schedule setting
forth the revised Benefit Charges for the particular Fiscal Year. Notwithstanding the
foregoing, if the schedule has not been prepared for a particular fiscal year, the applicable
fee shall nonetheless be based on the adjusted amount.
b) The revised Benefit Charges shall be determined by multiplying the Benefit Charge from
the previous fiscal year by the average return earned by the State of California Local
Agency Investment Fund (LAIF), calculated using the average of four quarters ending the
previous March 31 st. (LAIF Quarterly rates are typically not available until one month
following the end of the quarter.)
c) Example: The following example of the interest adjustment calculation is for illustrative
purposes only:
1. Determination of Interest Adjustment Rate July 1, 2007
LAIF QUARTER ENDING LAIF QUARTERLY
RATES
June 30, 2006 4.53 %
September 30, 2006 4.93 %
December 31, 2006 5.11 %
March 30, 2007 5.17%
AVERAGE 4 QUARTERS 4.94%
2. Amounts owed as described in section 5 would be increased July 1, 2007 by
4.94% provided they were paid prior to June 30, 2008. Unpaid amounts would be
adjusted again each July 1st in the same manner."
Section 2. Effect of adoption; effective date and postim!:. In accordance with Section 36937
of the Government Code of the State of California, this Ordinance shall take effect and be in force thirty
(30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this
Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section
36933 of the Government Code of the State of California
PASSED, APPROVED AND ADOPTED this 5th day of August, 2008, by the following vote:
AYES: Councilmembers Hildenbrand, Oravetz, Sbranti, and Scholz and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
AT(t { PSir
City Clerk
Ord No. 33-08, Adopted 8/5/08, Item 4.6
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