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HomeMy WebLinkAboutOrdinances_2820_CCv0001.pdf ORDINANCE NO. 2820 AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER 13.60 OF THE REDLANDS MUNICIPAL CODE RELATING TO UTILITY CONNECTIONS FOR RESIDENTIAL DEVELOPMENT OUTSIDE CITY BOUNDARIES THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS: Section 1. Sub-Section 13.60.060 of the Redlands Municipal Code, entitled "Availability of Water and/or Sewer Connections," is hereby amended to read as follows: "13.60.060: AVAILABILITY OF WATER AND/OR SEWER CONNECTIONS: A. All projects applying for availability of water and/or sewer service connections shall be subject to the following conditions: B. The applicant for a water and/or sewer connection shall comply with the following conditions before a physical connection to the city's water and/or sewerage system will be pennitted, and meters set: 2. The owner of the property to be served shall enter into a preannexation agreement with the city, which shall be subject to recordation in the official records of the county of San Bernardino and shall constitute a covenant running with the land,which requires the owner to irrevocably consent to annexation proceedings and/or commence proceedings to annex the property to the city at the request of the city, and which requires the payment to the city of an amount equivalent to all capital improvement and other development fees which would be applicable to the property if it were within city limits. The preannexation agreement shall provide, among other things, that in the event the property is not annexed to the city in accordance with the terms of the agreement, the owner of the property shall pay each year to the city, as liquidated damages, a sum equal to the property taxes and any sales taxes the city would have received had the property been annexed. The preannexation agreement shall further provide that the failure to make such liquidated damages payments shall be cause for the city to cease water and/or sewer service to the project. 3. Applicants for water and/or sewer connections made under the provisions of this chapter shall comply with all rules and regulations established by the city." I:\cclerk\ordinances\Nos 2800-2899 in Word\2820 Amending Ch 13 60 Utility Connect!ons-Clea n.docx Section 2. The City Council hereby finds that the adoption of this ordinance is exempt from review under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines (14 CCR section 15000 et seq.) section 15061(b)(2) because it can be seen with certainty that there is no possibility that such adoption may have a potential for causing a significant effect on the environment. Section 3. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional. Section 4. The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and shall cause it, or a suirunary of it, to be published once in the Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect as provided by law. Paul W. Foster Mayor ATTEST: Sam Ir , Ci y Clerk I:\cclerk\Ordinances\Nos 2800-2899 in Word\2820 Amending Ch 13 60 Utility Connections-Clean.docx I, Sam Irwin, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance was duly adopted by the City Council at the regular meeting thereof, held on the 21 st day of July 2015, by the following vote: AYES: Councilmembers Harrison, Gilbreath, Barich, James; Mayor Foster NOES: None ABSENT: None ABSTAIN: None Sam Irwin, City Clerk I:\cclerk\Ordinances\Nos 2800-2899 in Word\2820 Amending Ch 13 60 Utility Conn ections-Clea n.docx