HomeMy WebLinkAbout4.7 Dougherty Reg Fire Authority Impact Fee CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: December 12,''1988 '°-
SUBJECT Dougherty Regional Fire Authority Fire Impact Fee
EXHIBITS ATTACHED Memoranda from Dougherty Regional Fire Authority
Counsel dated July 25, 1988 '"'and dated December 2,
1988; Resolution Requiring Payment of Fees to
Dougherty Regional Fire Authority; Resolution Amending
Joint Exercise of Powers Agreement/Dougherty Regional
Fire Authority; First Amendment to Joint Exercise of
Powers Agreement; Dougherty Regional Fire Authority
Resolution No. 12-88.
RECOMMENDATION C Adopt Resolutions .
FINANCIAL STATEMENT: - Requested action will permit Cities to withhold
building permits until Fire Impact Fees are paid to
JPA after 1 /1 /89
- JPA will not have to rely as much on Cities to fund
Capital Replacement Needs.
DESCRIPTION Collection of Fire Impact Fees: In 1987 the State
Legislature enacted AB1600, which requires Cities to establish procedures in
order to enact fees from developers for public facilities required to
mitigate the impact of development impacts. The effective date of this
legislation is January 1 , 1989 .
Staff and the Dougherty Regional Fire Authority Legal Counsel has reviewed
the Legislation and Implementation Guidelines prepared by the League of
California Cities. As a result of that review, it is Legal Counsel' s
opinion that the Dougherty Regional Fire Authority is required to meet the
provisions of AB 1600 .
The Fire Authority, at the time of its formation, adopted a Fire Impact Fee
Resolution which had a fee structure similar to the fee structure previously
administered by the Dublin San Ramon Services District. The Resolution
adopted by the Authority provides that fire fees shall be due and payable
prior to the issuance of building permits by the Cities. In reviewing
Resolution No. 12-88, Staff and Legal Counsel determined that in order to be
certain that the requirements of AB 1600 are met, the Cities of Dublin and
San Ramon should adopt resolutions stating that no building permit shall be
issued until fire impact fees due to the Dougherty Regional Fire Authority
are paid. A resolution has been drafted for Council consideration.
Use of Fire Impact Fees
AB 1600 allows the imposition of fees for replacement of capital assets,
where it can be demonstrated that a new development creates a deficiency in
the capacity of existing Capital Assets to provide an approved level of
service to that development. However, it appear that the Dougherty Regional
Fire Authority Joint Powers Agreement limits the use of these fees for
acquisition of new capital assets. This interpretation would require the
Cities to fund from their General Funds replacement of major items such as
fire pumpers, ladder trucks, etc. , which may need to be upgraded to provide
services to new development. In order to allow the Authority to use Fire
Impact fees for replacement of Capital Assets where warranted, it is
recommended that the City Council adopt a resolution amending the Dougherty
Regional Fire Authority Joint Powers Agreement.
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COPIES TO:
0 7
_N_[E:y s, `AvE. RMACI�: &'WEST
MICHAEL R.NAVE APPCf=_590NALLAW CORPORATION s'ENIN$ULA OFF:C=
STEVEN R.MEYERS C;VIC CENTER COMPLEX 1220 HOWARD AVJ::.SUITE 2:0
NATALIE E.WEST BURUNGAME.CA'94010.4211
ELIZABETH H.SILVER 335 "CAST 14TH STREET (4t51 3a8-7190
MICHAEL S.RI BACK SAN LEANORO.CALIFORNIA 94577 FAX(415)342-0886
LESLIE OSTER (415)577.3333
MICHAEL F.ROORIOUEZ FAX(415)577-3365 MAPIN OFFICE
_. 1202 GRANT AVE..SUITE E
OF COUNSEL NOVATO.CA 94945
THOMAS F.BERTRANO (415)892.8878
FRANCIS J.STILLMAN
REPLY T0:
San Leandro
M?ORANDUM
To: Richard Ambrose Date: July 25, 1988
Chief Executive Officer
Dougherty Regional Fire Authority
From: Elizabeth H. Silver
Authority Counsel
Re: Capital Impact Fees
Question.
You have. asked whether the Authority can change its
existing policy (Resolution No_ 12-88) of not using capital
impact fees for replacement purposes in order to allow the use
of such fees for. replacement. of capital items.
Discussion
Resolution No. 12-88 provides for a "Fire Department
Capital Improvement Fund, " into which fees are to be deposited
by owners of land upon development. The Resolution provides
for acquisition of assets of a long-term, over one-year
character, "such as land, buildings, machinery, furniture,
rolling stock and other necessary equipment. " The fund's
purpose is to "provide initial capital purchases, with
replacement costs funded from other revenue sources.if
AB 1600 which enacted Government Code §§ 66000-660031
becomes effective on January 1, 1989. It applies to all
actions "establishing, increasing,. or i=osincz a. fee as a
condition of approval of a. development project, by a local
agency on or after January 1, 1989-11 Thus,. the Authority- must
comply with AB 1600. before. imposing any fees under Resolution
No. 12-88 after January 1,. 1989.. _ _
To: Richard Ambrose
Re: Capital Impact Fees
Date: July- 25, 1988
Page: 2
A fee is defined as a monetary exaction charged "for the
purpose of defraying all or a portion of the cost of public
facilities related to the development project. . . . " Government
Code § 66000 (b) . " 'Public facilities ' includes public
improvements, public services, and community amenities. "
Government Code § 66000 (d) . The definition of "public
facilities" is fairly broad, encompassing not only improvements
but "public services" and "community amenities. " Fire
protection and suppression are clearly public services which
can be financed under AB 1600. Since the use of firefighting
equipment, such as engines and trucks, is inherent in the
provision of fire protection and suppression, such fees can be
used to purchase fire fighting equipment. The phrase "public
services" is also broad enough to include the original purchase
of fire fighting equipment and the purchase of replacement
equipment.
A "fee" is a monetary exaction charged by a local agency
in connection with "approval of a development project for the
purpose of defraying all or a portion of the cost of public
facilities related to the development project." (Emphasis
added_)
One issue which is presented is. whether the Authority is a
"local agency"' within the- meaning of Government Code §
66000 (c) . Although a joint. powers agency is not specifically
listed in Government. Code § 66000 (c) as a "local agency, " I
believe it comes within the general definition of local agency,
which includes cities and "any other municipal public
corporation or district." This conclusion is buttressed. by the
reference in Government Code § 66001(a) (2) to Government Code §
65403 , which. appiies specifically to joint powers agencies.
Another issue that must be addressed by the Authority when
it revises Resolution No. 12-88 ' to comply with AB 1600 is the
fact that it is the Cities of Dublin and San Ramon that
actually approve development projects and not the Authority.
As noted above, AB 1600 applies when an agency imposes a fee as
a condition. approval of a project. This issue can be
addressed in one of two ways. Each City can adopt a resolution
conforming with AB 1600 imposing fire fees and can specify in
the resolution that the fees are to. be transferred to the
Dougherty Regional Fire Authority_ Alternatively, the-
Authority can enact the appropriate resolution, which should.
include a reference to the joint powers agreement and a.
provision. that the. fee shall be, collected when a. building
permit is issued by either of the. member agencies. In. order- to
To: Richard Ambrose
Re: Capital Impact Fees
Date: July 25, 1988
Page: 3
assure that the fees are actually collected, I would suggest
that each City then enact. an ordinance or resolution specifying
that no building permit will be issued until the appropriate
fees are paid to the Dougherty Regional Fire Authority.
As mentioned, Dougherty Regional Fire Authority Resolution
12-88 must be in compliance with AB 1600 by January 1, 1989 .
To comply with AB 1600, the Authority's resolution must:
1. Identify the purpose of the fee (fire
suppression and prevention) ;
2. Identify the use to which the fee is to be
put (expansion and/or construction of fire
stations and purchase and replacement of
capital equipment) ;
3 .. Find a reasonable relationship between the
use of -the fee and the type of development
(houses and commercial buildings need fire
protection and. suppression services) ;
4. Find a reasonable relationship between. the
need for the "public facility" and the type
of development project (residential and
commercial buildings need fire protection
which cannot be provided without fire
stations and equipment) ; and
S. Find a reasonable relationship between the
amount of the fee and the cost of the
"public facility" or- portion thereof
attributable to the development (this
requires a formula for determining the cost
for different types of development) .
The first four requirements may be met by the adoption of
a capital improvement plan. Government Code § 66001(a) (2) _ In
particular, a joint powers agency may prepare a five-year
capital improvement program pursuant to Government Code §
.6.5403- Government Code § 65403 defines "public facilities" to
include public buildings, among other facilities.. A capital
improvement program prepared pursuant to § 65403 could include
fire: stations; however, Government Code § 65403' does. not appear
to allow for inclusion of equipment.. A. capital improvement
plan may also -be adopted pursuant to Government Code § 66002.,
ry r t
ichard Ambrose
ita
f
3P 1 Impact Fees
lly 25, 1988 r}.�F i Jt gyp, zr
f
e fire stations
8 (§ 66002 (c) (11) ) and equipment
) ) • In any event, a local agency
apital improvement g cY does not have
tify the use to whichathenfeesea to
impose fees but
to
=ument. to
Code re be Put in some
§ 66001(a) (2) • _
}
although
g the Authority (or the -
a fee for costs of making individual Cities) {
existing g improvements to t �
g fire stations and Probably r ;3
acquisition and replacement of e Y can also impose rs
fee is attributable to
new equipment (to the
is limited b a development) , the r
to use such funds ion 5.4 of the Joint Powers
Of for ca_i_ aCQUisitions only, If
the Joint Powers. A
'ees can be used. for capiteis amended to
:erf the effective improvements acquisitions and provide
prov and equipment
effective date of such revisionco could be
tion and replacement, used
however, A11 fees collected
' can only be. used for capital ac Prior to.
re. fees could be used to acquisitions_ - T✓re. fees
of land fora make capital ac
new fire. station.
do ` r -
LmPortant to remember that fees: collected after
r -
'.989, may be
ceded as a res used to' fund capital imp
ult of the new development provements ! <
(a) (4) ) and the amount of (Government
'elated to the 'fee must be 4
the cost of the improvement opment (Government Code attributable }
ciencies: that need to be§ 66001(b) ) . If there are
ant engines or m funded (e.g• a need to _
Ceas fully developed to a station which will
3ther than fees P ) ' such funds must come from _
imposed on development Projects
contribute to the exist on
t
the capital- acquisition g need.. one source of
:ouhe be used to fund acquired from DSRSD•
No. make repairs and renovations to
1, if such re airs -
P and renovation are
er one—year character. ,' not a
j;
orandum does not address
Df AB 1600 regarding he Procedural
Lngs after five e g accounting- requirements,
with which I' bellev� as to unexpended funds and -
You are familiar.
rity- must am c
end Resolution.. Na_ 12-88-
In ` ~
doing so. it should ado comply
.. .t
pt a. capital } :,
f
J "
To:. Richard Ambrose
Re: Capital Impact Fees
Date: July 25, 1988
Page: 5
improvement plan or some other public document identifying the
"public facilities" for which the fee will be charged, which
can include acquisition and replacement of fire stations and
equipment, if the Joint Powers Agreement is amended
accordingly. The monies in the Capital Improvement Fund as of
December 31, 1988, may be used only as provided in the Joint
Powers Agreement and Resolution No.. 12-88.'
MEYERS, NAVE, RIBACK & WEST .
-Elizabeth H. Silver
Authority Counsel
EHS:dlg
MFYFRS, iNAVF,, RIBACK & WEST
MICHAEL R.NAVE A PROFESSIONAL LAW CORPORATION PENINSULA OFFICE
STEVEN R.MEYERS 1220 HOWARD AVE..SUITE 250
NATALIE E.WEST GATEWAY PLAZA 1220 H GA RD CA 94010-4211
ELIZABETH H.SILVER 777 DAVIS STREET,SUITE 300 GAM 348-7130
MICHAEL S.RIBACK SAN LEANDRO,CALIFORNIA 94577 FAX(415)342-0886
MOLLY T.TAMI (415)351-4300
i ANNE E.MUDGE FAX(415)351-4481 MARIN OFFICE
MICHAEL F.RODRIOUEZ 1202 GRANT AVE.,SUITE E
OF COUNSEL NOVATO.CA 94945
I
THOMAS F.BERTRAND (415)892.8878
REPLY TO:
San Leandro
Memorandum
f
To: ✓ Richard Ambrose, Date: December 2, 1988
City Manager, City of Dublin
Byron Athan,
Acting City Manager, City of San Ramon
From: Elizabeth H. Silver,
Counsel to Authority
Re: Amendment to Joint Powers Agreement/
Capital Replacement/AB 1600
Section 5.4 of the Joint Exercise of Powers Agreement between
the Cities of Dublin and San Ramon currently provides that fire
connection fees imposed for capital improvements shall be used
only for capital acquisitions and not for replacement. AB 1600,
which becomes effective January 1, 1989, would allow imposition of
fees for replacement of capital assets (Please refer to my
memorandum of July 25, 1988, a copy of which is enclosed. ) .
However, in order for the Authority to impose fees for capital
acquisition as well as replacement, the Joint Powers Agreement
must be amended. Enclosed are copies of a resolution and an
amendment to the Joint Powers Agreement which would modify Section
5.4 to change the last sentence to provide such fees can be used
for capital replacement as well as acquisition. Since the
amendment would be effective upon approval, fees collected up to
that date (including such fees transferred from Dublin San Ramon
To: Richard Ambrose
Byron Athan
Re: Amendment to JPA/
Capital Replacement/AB 1600
Date: December 2, 1988
Page: 2
Services District) would be restricted to capital acquisitions
only and fees collected after the effective date of the amendment
would not be so restricted.
MEYERS, NAVE, RIBACK & WEST
Elizabeth H. Silver
Counsel to Authority
EHS:dlg
Enclosure
cc: Harold Ritter, Fire Chief
MEYERS. �i AVE, RIBACK &WEST
MICHAEL R.NAVE A P9OFESSIONALLAW CORPORATION OCMNSULA OFFICE
STEVEN R.MEYERS GATEINAY PLAZA 1220 HOWARD AVE..SUITE 250
• NATALIE E.WEST BURLINGAME.CA 94010.4211
ELIZABETH H.SILVER 777 OAVIS STREET,SUITE 300 (415)348-7130
MICHAEL S.RIBACX SAN L ANORO.CALIFORNIA 94577 FAX(415)342.0888
MOLLY T.TAMI (415)351-4300
ANNE E.MUOGE FAX(415)351-4481 VARIN OFFICE
MICHAEL F.RODRIQUEZ 1202 GRANT AVE..SUITE E
NOVATO.CA 94945
OF COUNSEL (415)892-8878
THOMAS F.BERTRAND
REPLY TO:
San Leandro
Memorandum
To: ✓ Richard Ambrose, Date: December 2 , 1988
City Manager, City of Dublin
Byron Athan,
Acting City Manager, City of San Ramon
From: Elizabeth H. Silver,
Counsel to Authority
Re: Fire Impact Fees/AB 1600
Enclosed is a resolution for each of your cities which. can be
adopted by the respective Councils, stating that no building
permit shall be issued until any fire impact fee is paid to the
Dougherty Regional Fire Authority. Such a resolution is
necessary, in my opinion, if the Authority is going to impose fire
impact fees after January 1, 1989, the effective date of AB 1600
(Please refer to pages 2 and 3 of my prior memorandum to Richard
Ambrose of July 25, 1988, a copy of which is enclosed. ) .
MEYERS, NAVE, RIBACK & WEST
f�.-� S Gam✓
Elizabeth H. Silver
Counsel to Authoritv
EHS:dlg
Enclosure
cc: Harold Ritter, Fire Chief
RESOLUTION NO. - 88
A RESOLUTION OF THE CITY OF DUBLIN
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A RESOLUTION REQUIRING PAYMENT OF FEES TO
DOUGHERTY REGIONAL FIRE AUTHORITY
WHEREAS, the City of Dublin is a party to a Joint Exercise of
Powers Agreement between the City 'of Dublin and the City of San
Ramon whereby the two cities created the Dougherty Regional Fire
Authority, a joint powers agency; and
WHEREAS, the Dougherty Regional Fire Authority has adopted a
fire impact fee by Resolution No. 12-88, which fee is due and
payable prior to the issuance of a building permit from the City
of San Ramon or the City of Dublin, for building permits issued in
such cities, respectively.
NOW, THEREFORE, be it resolved that the City of Dublin shall
not issue a building permit until any and all fire impact fees
have been paid to Dougherty Regional Fire Authority, in accordance
lfirefee. ehs 1
December 2 , 1988
with Resolution No. 12-88 or any later resolution adopted by the
Dougherty Regional Fire Authority Board of Directors imposing a
similar fire impact fee.
PASSED, APPROVED AND ADOPTED this th day of
1988.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
lfirefee.ehs 2
December 2, 1988
RESOLUTION NO. - 88
A RESOLUTION OF THE CITY OF DUBLIN
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A RESOLUTION AMENDING
JOINT EXERCISE OF POWERS AGREEMENT/
DOUGHERTY REGIONAL FIRE AUTHORITY
WHEREAS, by Resolution No. 88-15, the City Council approved
the "Joint Exercise of Powers Agreement/Dougherty Regional Fire
Authority, " which was subsequently executed by the Mayor;
WHEREAS, the "Joint Exercise of Powers Agreement/Dougherty
Regional Fire Authority" can be amended, as provided in Section
9.4 of said Agreement upon approval of the City Councils of the
Cities of Dublin and San Ramon; and
WHEREAS, the City Manager has presented to the Council and
has recommended approval of the "First Amendment to Joint Exercise
of Powers Agreement/Dougherty Regional Fire Authority, " a copy of
which is attached hereto as Exhibit A; and
WHEREAS, the Council is familiar with the contents of
Exhibit A;
NOW, THEREFORE, the Dublin City Council does hereby approve
the "First Amendment to Joint Exercise of Powers
2amendl.ehs 1
December 2, 1988
r r
Agreement/Dougherty Regional Fire Authority" and authorizes the
Mayor to execute said Amendment.
PASSED, APPROVED AND ADOPTED this th day of
1988 .
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
2amendl.ehs 2
December 2, 1988
FIRST AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT/
DOUGHERTY REGIONAL FIRE AUTHORITY
THIS AGREEMENT is entered into between the City of Dublin and
the City of San Ramon, being the Member Agencies signatory to the
Joint Exercise of Powers Agreement/Dougherty Regional Fire
Authority.
THIS FIRST AMENDMENT to the Joint Exercise of Powers
Agreement/Dougherty Regional Fire Authority is entered into as of
the date of approval by the City of Dublin or the City of San
Ramon, whichever occurs later.
IT IS HEREBY AGREED between the City of Dublin and the City
of San Ramon that the Joint Exercise of Powers Agreement/Dougherty
Regional Fire Authority shall be amended as follows:
1. Delete Section 5.4 . Capital Acquisition and Replacement
Fund.
2 . Add new Section 5.4, to read as follows:
"Section 5.4. Capital Acquisition and Replacement Fund.
The Board of Directors shall create a capital acquisition and
replacement fund ("capital fund") for the purpose of creating a
fund for replacement and acquisition of capital equipment and
property. Each Agency shall transfer its share of the capital
replacement and acquisition fund received from the Dublin San
Ramon Services District into the capital fund and shall annually
pay into said fund its proportionate share of capital replacement
costs, as provided in Section 6.3 . Any fire connection fees
imposed for capital improvements shall be deposited in the capital
2amendl.jpa 1
December 2 , 1988 EXHIBIT A
fund (and shall be accounted for on the basis of origination by
Member Agency) and shall be used for capital replacement and
acquisitions. "
EXCEPT AS EXPRESSLY AMENDED herein, the Joint Exercise. of
Powers Agreement/Dougherty Regional Fire Authority shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this First
Amendment to Agreement to be executed and attested by their proper
officers thereupon duly authorized and their official seals to be
hereto affixed on the dates as shown herein.
Dated:
Mayor, City of Dublin
ATTEST:
City Clerk, City of Dublin
APPROVED AS TO FORM:
City Attorney, City of Dublin
(Signatures continued on next page. )
2amendl.jpa 2
December 2, 1988
Dated:
Mayor, City of San Ramon
ATTEST;
City Clerk, City of San Ramon
APPROVED AS TO FORM:
City Attorney,
City of San Ramon
2amendl.jpa 3
December 2, 1988
RESOLUTION NO. 12 - 88
A RESOLUTION OF THE DOUGHERTY REGIONAL FIRE AUTHORITY
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RESOLUTION ADOPTING FIRE IMPACT FEES
BE IT RESOLVED that the fees set forth in Exhibit A, attached
hereto and incorporated herein by reference, are adopted by the
Board of Directors as the fire impact fees for the Dougherty
Regional Fire Authority, to be effective July 1, 1988.
PASSED, APPROVED AND ADOPTED this 28 th day of June, 1988.
AYES: Directors Bennett, Harmon, Moffatt, Oliver, Vonheeder, and
Chairperson Jeffery
NOES: None
ABSENT: None
Chairper
ATE
Secretary
dp: 2fees.ehs
FIRE IMPACT FEES
FIRE DEPARTMENT CAPITAL IMPROVEMENT FUND
DEFINITIONS
Unless it is apparent from the context that another meaning is
intended, the following words when used in this ordinance shall
have the meaning ascribed to them by this section:
"Residential or Dwelling Unit" shall include each single-family
dwelling and each unit of an apartment, flat or multiple-family
dwelling.
PURPOSE OF ARTICLE
In order to preserve the health and safety of residents of the
Dougherty Regional Fire Authority, which requires from time to
time capital outlay to expand the Fire Authority' s services and
facilities, the Board of Directors has established the following
sections of this ordinance.
FIRE DEPARTMENT CAPITAL IMPROVEMENT FUND - ESTABLISHMENT
There is in existence a fund known as the Fire Department Capital
Improvement Fund. Said fund shall be for the deposit of the
hereinafter prescribed Fire Fees.
a. Said fees shall be placed in the fund known as the Fire
Department Capital Impact Fund and shall be used solely
for capital improvements and expansion of the Fire Department
as determined by the Board of Directors.
b. Accrued interest on investments of fire fee monies shall be
deposited in the Fire Department Capital Improvement Fund.
C. Annually, the Fire Chief shall submit a budget of proposed
capital items and improvements as an integral part of the
Fire Departments's proposed annual budget. The Board shall
review this budget and decide which items and improvements
proposed shall be authorized for the budget.
d. Annually, the Fire Chief shall submit a proposed "Five. Year
Capital Improvement Budget" . This program will provide the
Board with information and data necessary to formulate plans
for future fund expenditures.
e. Types of acquisitions shall be assets of a long-term, over-
one-year character, which are intended to continue to be held
or used, such as land, buildings, machinery, furniture,
rolling stock and other necessary equipment acquired by
EXHIBIT A
direct purchase or lease-purchase. the intent of the fund is
to provide initial capital purchases, with replacement costs
funded from other revenue sources.
FIRE DEPARTMENT CAPITAL IMPROVEMENT FUND - FIRE FEES
A. The owner of land to be developed shall pay to the Authority
the sum of six hundred dollars ($600. 00) for each unit of any
type of a residential unit developed or constructed on said
owner's property.
b. The owner of land to be developed for commercial, industrial
or institutional type development shall pay to the Authority
the sum of six hundred dollars ($600. 00) for each 2 , 000
square feet of building area or fraction or portion thereof.
C. The owner of land to be developed for a mobile home park as
defined in Chapter 1, Part 2 of Division 18 of the Health and
Safety Code of the State of California, shall pay to the
Authority the sum of six hundred dollars ($600. 00) for each
mobile home lot and six hundred dollars ($600. 00) for each
2 , 000 square feet of building area or fraction thereof for
any permanent buildings erected on said mobile home park.
d. The owner of land to be developed for motels, hotels and any
other residential or other use of land not herein
particularly specified, shall pay a fee or charge to the
Authority in the sum of six hundred dollars ($600. 00) for
each 2 , 000 square feet of building area or fraction or
portion thereof.
e. All structures in excess of two stories and not exceeding
seven stories shall pay a surcharge of eight percent (8%) per
floor in excess of the basic rate. Subsurface levels shall
be considered as stories. For the eighth floor and above,
the fee shall return to the basic rate.
CHANGE OF FEE RATES
The fire fees shall be reviewed annually by the Chief Executive
Officer in order to determine their current applicability to
building and development trends within the Authority. If the
fire fees are not applicable to the Authority' s needs, the Chief
Executive Officer shall make a recommendation to the Board of
Directors for an appropriate rate change.
TIME OF PAYMENT REQUIREMENTS
a. Fire fees shall be due and payable prior to the issuance of a
building permit from the City of Dublin, in Dublin, or the
City of San Ramon, in San Ramon.
b. All fire fees paid as herein provided shall be non-
refundable. All such fees shall be forfeited upon expiration
of three years from the date of issuance of a building permit
by either city.
PENALTY FOR NON-PAYMENT
a. If all or any portion of the fees hereinbefore set forth are
not paid when due, the Authority reserves the right to
discontinue any or all services and facilities of the
Authority to the owner or to request the withholding of such
services by the agency rendering them. ' * (Remedies for the
collection and enforcement are cumulative and may be pursued
alternately or consecutively. )
b. A basic penalty of ten percent (10%) shall accrue upon non-
payment of the fire fees within the time prescribed for
payment thereof. Thereafter, there shall accrue, and the
Authority shall notify the owner that, failure to pay within
ten (10) days from the date of such notice shall result in
further penalties of one-half percent (1/2%) per month for
non-payment of the fees and basic penalties, together with
all costs of collection, including reasonable attorney's
fees.
C. The Chief Executive Officer of the Authority is hereby
authorized to pursue and use all legal remedies and
appropriate collection means for the enforcement and
collection of the fees prescribed by this ordinance and shall
report semi-annually to the Board of Directors on the status
of delinquent fees.