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HomeMy WebLinkAbout21289 - RESOLUTIONS - 6/15/2005 RESOLUTION NO. 21289 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUSPENDING COLLECTION OF 40% OF THE CITY SEWER FACILITY FEE CHARGED FOR CONSTRUCTION WITHIN THE CITY LIMITS, FOR THE PERIOD COMMENCING JULY 1, 2005, TO JUNE 30, 2006, AND AUTHORIZING THE EXECUTION OF AGREEMENTS AND CONTRACTS WITH OTHER GOVERNMENTAL AGENCIES FOR THE PROVISION OF SEWER SERVICES TO PROPERTIES OUTSIDE OR ADJACENT TO THE CITY WHEREAS, in November of 1974, the City Council approved Resolution No. 11247 establishing a Sewer Facility Fee; and WHEREAS, this fee has been used to recover the costs of wastewater infrastructure needed to serve new development, as well as the costs for increasing capacity of existing facilities to serve growth; and WHEREAS, the City Council has worked hard over the years to remove actual and perceived barriers to economic development of the community; and WHEREAS, the Sewer Facility Fee has been viewed as a optional barrier to economic development; and WHEREAS, on November 5, 2003, the City Council adopted Resolution 20778 partially suspending the Sewer Facility Fee for a period of two years to help stimulate economic growth and development; and WHEREAS, the suspension, which reduced the Sewer Facility Fee by 40%, will expire on June 30, 2005; and WHEREAS, the City is currently experiencing a significant increase in development activity; and WHEREAS, the City Council does not want to hinder economic development and is concerned that if the higher fee is charged it will be viewed as a disincentive to development of the community; and WHEREAS, the City has determined that for the immediate future and for the period specified herein, the lower fee will not adversely affect the City's ability to build additional infrastructure to serve new development or to finance needed sewer plant expansion; and Resolution No. 21289 Page 2 WHEREAS, by suspending instead of amending the fee, the City Council intends to ' retain the authority to lift the suspension and reestablish the full fee when needed for facility expansion; and WHEREAS, Section 15.24.030 of the City's Municipal Code allows properties outside and adjacent to the City to connect to the City's sewer system at a rate twice that of properties within the City; and WHEREAS, the City Council finds that there is a policy interest to enter into agreements or contracts with other governmental agencies to provide sewer services to properties outside and adjacent to the City if such services are in the public's interests. NOW THEREFORE BE IT RESOLVED: Section 1. For the period commencing July 1, 2005 through June 30, 2006, the City shall suspend collection of the full sewer facility fee charged for construction within the City and shall for such period collect the lesser amount specified below (an approximate 40% reduction rounded to the nearest dollar), but reserves the right to repeal or modify this suspension by Resolution when necessary at the direction of the City Council for purposes of financing sewer facilities construction. Such repeal or modification of this suspension shall not be construed as an imposition of a new or increased fee. The authorized rate and the rate charged following suspension shall be as follows: Authorized Rate Suspended Rate A. Residential Units (single-family, $4014/Unit $2408/Unit apartments, co-op apartments, condominiums and mobile home park spaces). B. Commercial and Industrial Units $388/Fixture Unit $203/Fixture Unit C. Hotel Room Without Kitchens $1744/Unit $1046/Unit With Kitchens $1998/Unit $1198/Unit D. Recreational Vehicle Spaces $3121/Space $1873/Space Section 2. The City Council may, by resolution, authorize or approve agreements or contracts with other governmental agencies for the purpose of providing sewer services to properties outside or adjacent to the City under such terms as the City , Council in its sole discretion determines are fair, reasonable, and appropriate or when in the determination of the City Council such services would be in the public's best Resolution No. 21289 Page 3 interest. Such agreement or contract shall state the terms of service, special conditions and limitations, connection costs, and all other conditions of sewer service to be provided. Section 3. The City Council may, as part of the agreements or contracts approved pursuant to Section 2 above, waive all or a portion of the Sewer Connection Fees established by the City Council for properties outside or adjacent to the City if in the determination of the City Council determines the services being provided, through such agreement or contract, constitute a "public purpose" under the laws of the State of California or the Charter of the City of Palm Springs. ADOPTED THIS 15th day of June, 2005. David H. Ready, City Manag ATTEST: J es Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 21289 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on June 15, 2005, by the following vote: AYES: Members Foat, Pougnet and Mayor Pro Tern McCulloch NOES: None ABSENT: Member Mills and Mayor Oden ABSTAIN: None J WPIJ�' `� ' J es Thompson, City Clerk ity of Palm Springs, California