HomeMy WebLinkAboutORD 416ORDINANCE NO. 416
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, ESTABLISHING
PROCEDURE FOR THE INSTALLATION OF STREET
IMPROVEMENTS WHENEVER THE PUBLIC INTEREST AND
NECESSITY DEMAND THE CONSTRUCTION AND
COMPLETION OF STREET IMPROVEMENTS TO
UNDEVELOPED AREAS OF THE CITY.
The City Council of the City of Palm Desert,
California, DOES HEREBY ORDAIN, as follows:
Section 1: The following procedure for the
installation of street improvements, including curbs,
gutters, paving and sidewalks, is intended as a procedure
for reimbursement of street improvements made out of monies
from the treasury of the City for such public improvements.
A. Whenever the City Council
determines that the public interest and necessity demand the
construction and completion of street improvements including
curbs, gutters, paving and sidewalks, to undeveloped areas
of the City not adequately improved, and appropriates monies
out of the treasury of the City for such public
improvements, no person shall be permitted to develop such
property until such property owner has paid to the City the
proportionate share of the cost of the street improvements
with respect to the property of such property owner; and no
application, either by petition or otherwise, shall be
approved by the City Council for the building and/or
development of said property until the property owners to be
benefited or a sufficient number thereof shall have paid to
the City, or agreed to pay such proportionate share of tlis
costs of the street improvements as in the opinion o£ the
Council insures the payment of the cost of the public street
improvements. Such payments shall be in addition to any
other fee prescribed by any Ordinance of the City.
B. Whenever the City Council
determines that the public interest of the City will be
served by the construction of street improvements in
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undeveloped areas of the City, no person shall be permitted
to proceed with the development of said property until the
property owner whose property shall be served by the street
improvements shall have paid to the City his proportionate
share of the cost of the street improvements, and no
application for building permits or any other application
shall be approved unless and until such person shall have
paid to the City his proportionate share of the cost of the
street improvements.
C. From and after the effective date
of this Chapter, no new street improvements designed to
improve an area of the City not yet developed shall be
installed by the City under this Section until the following
conditions shall have been performed and the following
requirements fulfilled:
1. Whether initiated by the
property owners by petition or initiated by the Council
itself by Resolution, the Council shall cause a map or plat
to be prepared by the City Engineer and filed with the City
Clerk, which map or plat shall show the exterior boundaries
of the entire area proposed or designed to be eventually
developed, which property is the subject of the proposed
street improvements, or in lieu thereof, a written
description of the area to be improved, together with an
estimate of the total cost of the street improvements.
2. The adoption of a Resolution
by the Council which shall prescribe a minimum initial
contribution to be pain by the property owners of the area
to be benefited by the construction of the street
improvements, based upon a percentage of the total estimated
cost, which in all cases shall be sufficient in amount to
satisfy the City Council that the construction costs will be
paid.
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3. There is hereby created in the
Office of the City Treasurer, a fund to be known as "Street
Reimbursement Funds", into which fund all monies received
from property owners pursuant to the terms of this Section
shall be paid, and the monies in such fund shall be used for
no other purpose than the construction of street
improvements to serve undeveloped areas of the City, or
extensions thereof and to reimburse prior advances from the
City funds for the original construction of the
improvements.
Section 2: The City Clerk shall certify to the
passage and adoption of this Ordinance and shall cause the
same to be published in the Palm Desert Post, a newspaper of
general circulation, printed, published and circulated
within the City of Palm Desert and the same shall be in full
force and effect thirty (30) days after its adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the
City of Palm Desert, this 24th day of January ,
1985 , by the following vote:
AYES: BENSON, JACKSON, KELLY, WILSON AND SNYDER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
WA DYER SNYDER, Mayo
ATTEST:
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SHEILA GI GAN, C' y Clerk
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