Fresno Municipal Code Art. 19 Drainage Fees

The Council hereby declares and finds that the development of land for urban uses substantially accelerates the concentration of surface and storm waters and that it is necessary to provide for the construction of and establish and collect drainage fees to defray all or a part of the actual or the estimated cost of constructing planned local drainage facilities for the removal of surface and storm waters from local drainage areas in order to promote and protect the public safety, peace, comfort, and convenience and the general welfare, and for the accomplishment of the purposes more particularly set forth as follows:

(a) To provide for planned local drainage facilities within the city required for the removal of surface and storm waters from local drainage areas.

(b) To provide for an alternate method of financing construction of planned local drainage facilities within local drainage areas.

(c) To provide a source of information regarding development of planned local drainage facilities for present and prospective residents, developers, and investors in property within the various local drainage areas.

(d) To obviate the menace to public safety arising from inadequate provision for removal of surface and storm waters occurring as the result of development of property within local drainage areas.

(e) To prevent deterioration of property values and impairment of conditions making for desirable residential, commercial or industrial development, as the case may be, which would result from the failure to construct planned local drainage facilities.

(f) To prevent deterioration of public streets and other public facilities which would result from failure to construct planned local drainage facilities.

(g) To provide for collection of local drainage fees for construction of planned local drainage facilities within any local drainage area at the time of the division of land, as authorized by Section 66483 of the Government Code of California and the provisions of this Code, or at the time of other development thereof, except as herein excepted, such fees being, however, subject to credits as herein provided for revenues, assessments and other receipts theretofore collected with respect to any such parcel or parcels of land for construction of planned local drainage facilities within any local drainage area. (Am. Ord. 79-178, § 1, eff. 12-7-79).

Unless the particular provisions or the context otherwise requires, the definitions contained in this article shall govern the construction, meaning, and application of the words and phrases defined, and their derivatives and derivatives therefrom wherever applicable, whenever used in this article. (Am. Ord. 79-178, § 2, eff. 12-7-79).

"Development," as used in this article, means any building, structure, or other improvement or the construction, erection, or installation thereof, in, over or upon any parcel of land. "Development" does not include any temporary building, structure or other improvement, or the construction, erection or installation thereof, which under the terms of any permit issued therefor or the provisions of this Code or pursuant to such other assurance as the Director may require, may be maintained not to exceed one year or, if erected or installed for use in the performance of the work of a construction project, until completion of such work. The term "improvement" shall include, without limitation, any development activity which, as determined by the Director, materially alters the natural surface of the land or restricts the imperviousness of the soil and includes without limitation paving (concrete, asphalt, oil or other means of soil stabilization) and landscaping. (Am. Ord. 79-178, § 3, eff. 12-7-79, formerly § 13-1302.6).

"Director," as used in this article, means the Director of the Development Department of the city. (Am. Ord. 79-178, § 4, eff. 12-7-79; formerly § 13-1302.12; Am. Ord. 83-95, § 1, eff. 7-29-83).

"District," as used in this article, means the Fresno Metropolitan Flood Control District. (Am. Ord. 79-178, § 5, eff. 12-7-79, formerly § 13-1302.1).

"Division," as used in this article, means the dividing of any parcel of land into one or more lots or parcels, including, but not limited to, a division as described in Section 12-1203 of this Code, or any parcel of land which has been so divided. (Am. Ord. 79-178, § 6, eff. 12-7-79, formerly § 13-1302.7).

"Gross acreage," as used in this article, means the area of a parcel of land, or the area of a proposed division, including those portions designated for streets and alleys and including those portions of all abutting streets and alleys measured to the center lines thereof or to a line parallel with and thirty feet from the property line, whichever shall be the lesser. In the case of a single-family residential use occupying a corner parcel, the area of the street abutting the shortest side of such parcel, or one side in the case of a square parcel, shall not be included. (Am. Ord. 79-178, § 7, eff. 12-7-79, formerly § 13-1302.10).

"Local drainage area," as used in this article, means a particular drainage area for which planned local drainage facilities for the collection and removal of surface and storm waters therefrom, and the total estimated costs of constructing such facilities, are set forth in a local drainage plan. (Am. Ord. 79-178, § 8, eff. 12-7-79, formerly § 13-1302.2).

"Local drainage fees," as used in this article, means fees established and levied as provided in this article to pay all or a part of the costs of planned local drainage facilities and their appurtenances. (Am. Ord. 79-178, § 9, eff. 12-7-79, formerly § 13-1302.5).

"Local drainage plan," as used in this article, means the Storm Drainage Master Plan, a component of the conservation and public facilities element to the 1974 Fresno-Clovis Metropolitan Area General Plan adopted by the Council, such plan delineating therein a plan for each local drainage area which contains an estimate of the total costs of constructing the local drainage facilities required by the plan, together with their appurtenances, and a map of the local drainage area showing generally its boundaries and the location of the planned local drainage facilities. (Am. Ord. 79-178, § 10, eff. 12-7-79, formerly § 13-1302.3).

"Manager," as used in this article, means the person duly employed to act, and acting, as the Manager of the District. (Am. Ord. 79-178, § 11, eff. 12-7-79, formerly § 13-1302.11).

"Parcel of land," as used in this article, means any real property, improved or unimproved, shown on the latest equalized county assessment roll as a parcel and reflected by the assessor's parcel maps prepared by the office of the County Assessor of the County of Fresno. (Am. Ord. 79-178, § 12, eff. 12-7-79, formerly § 13-1302.9).

"Planned local drainage facilities," as used in this article, means drainage facilities required for a local drainage area. The term "facilities" shall include, without limitation, real property and rights in property for use for and in connection with the installation of planned local drainage facilities, conduits, drainage channels, drainage retention and recharge basins, and things incidental thereto, all as may be required for the collection and removal of surface and storm waters from a local drainage area. (Am. Ord. 79-178, § 13, eff. 12-7-79, formerly § 13-1302.4).

"Planned local drainage facilities fund," as used in this article, means a separate fund established by the Controller for a local drainage area, into which all local drainage fees collected on property within such local drainage area shall be deposited, and the monies in which shall be expended solely for acquisition or construction, or reimbursement for acquisition or construction of planned local drainage facilities within the local drainage area for which such fund was established. (Am. Ord. 79-178, § 14, eff. 12-7-79, formerly § 13-1302.8).

"Zoning Ordinance," as used in this article, means the Zoning Ordinance of the city (Articles 1 to 4.5, inclusive, of Chapter 12 of this Code). (Am. Ord. 79-178, § 15, eff. 12-7-79).

(a) Except as otherwise provided in this section, a local drainage fee shall be paid on each parcel of land in a local drainage area prior to the commencement of the work of any development thereon or, in the case of any division of a parcel of land, prior to the approval of the final subdivision or parcel map thereof. The applicable fee shall be that most recently established by the Council prior to approval of the final subdivision or parcel map, or development.

(b) In the case of subdivisions which at the time of approval are zoned for industrial uses, and of parcel maps, the following applies:

(1) If planned local drainage facilities are required within the limits of, or are necessitated by such division or phase thereof, the drainage fees which shall be paid prior to the approval of the final map thereof shall not exceed the cost of such planned local drainage facilities or the drainage fees for previously developed areas for which fees have not been paid, whichever is greater. The balance of the fee obligation set forth by the provisions of this article may be deferred.

(2) If planned local drainage facilities are not required within the limits of, or are not necessitated by such division, the drainage fees required by this article may be deferred for previously undeveloped areas only.

(3) Local drainage fees deferred under the provision of this subsection shall be payable in the amounts determined by the provisions of this article prior to receipt of a development entitlement for the lands subject to such division.

(c) Except in the case of single-family residential uses, the area of an addition, replacement, reconstruction or the construction of separate structures or other improvements on a previously developed parcel for which a drainage fee or assessment has not been fully paid shall be deemed a parcel of land for the purposes of this article and a local drainage fee is payable thereon when such area equals or exceeds 1,000 square feet. When the area of such addition, replacement, reconstruction or other improvement or the accumulation of such additions or other improvements made after March 15, 1969, equals twenty-five per cent or more of the development existing as of March 15, 1969, the local drainage fee shall be payable on the total area of the subject parcel as defined in Section 12-1912 and Section 12-1918, subsection (f). Credits for fees or assessments previously paid shall be granted in accordance with Section 12-1919, subsection (c) hereof.

(d) The city shall require:

(1) The design, construction, and dedication of planned local drainage facilities located within or necessitated by a development or division; or

(2) The combination of the payment of a partial drainage fee as required herein and the design, construction and dedication of planned local drainage facilities when determined by the District to be necessary in conjunction with such development or division.

(e) Exceptions. Local drainage fees are not payable for the performance of the following items of work:

(1) Except in the case of a division, any development work which consists solely of the construction, erection, or installation of:

(i) Fences, pole lines, underground conduits, or pipelines, or similar developments which, as determined by the Director do not materially alter the natural surface of a parcel of land; or

(ii) Concrete curbs, gutters, sidewalks, driveway approaches, paving or other street improvements within any street or alley.

(2) Any development consisting solely of additions or alterations to any single-family residential dwelling or its accessory structures or other additional development on a developed single-family residential parcel.

(3) Any reconstruction or replacement of a single-family residence destroyed by fire or because of condemnation, provided that this exception shall not apply in the event that:

(i) The use of the parcel or any portion thereof at the time of reconstruction or replacement is for other than single-family residential; or

(ii) Reconstruction or replacement does not occur within twelve months; or

(iii) The ownership of the parcel is changed following the occurrence which requires reconstruction or replacement thereof.

(f) Government Agency. Payment of the local drainage fee upon division of land divided by a governmental agency engaged in such activity may be deferred upon request filed with the city and district by the governmental agency to the time of development of any undeveloped lot or parcel created in said division, subject to the conditions herein specified. A governmental agency, for the purposes of this deferment, is defined as one which is created under the provisions of either federal, state or local enabling legislation and which is acting under a program in which payment of the local drainage fee would not be an eligible cost.

(1) The deferment authorized herein shall be allowed only in the event said governmental agency enters into a written agreement with the city and district which shall provide:

(i) That the fee shall otherwise be paid pursuant to the provisions of this article;

(ii) That the agreement creates a valid lien upon such parcel to the extent of the fee (such lien may be subordinated at the discretion of the Director, and the form and substance of the agreement, procedures, documents, covenants, etc., necessary to place the agreement and lien into effect shall all be determined by the Director, subject to the approval of the City Attorney);

(iii) That said agreement shall provide that the owner of each lot or parcel created as a result of said division shall agree to pay all court costs and attorney fees and waives any and all defenses, legal or equitable, other than liquidated monetary setoffs against the city, if an action at law or foreclosure suit is brought to enforce payment of the fee or recovery of the fee through the lien.

(2) Said governmental agency will pay or provide for payment of the drainage fee on any developed lot or parcel at the time of division except that in the event of ownership by said governmental agency of said developed parcel or parcels, payment of the drainage fee thereon shall be made at the time of sale of said developed lot or parcel by the governmental agency.

(3) Said governmental agency will give actual notice of the lien described above to the purchaser of any lot or parcel created as a result of such division, except that failure by said governmental agency to provide actual notice to the purchaser shall not affect the lien upon said parcel or portion thereof as sold or the liability by the owner thereof to pay any drainage fee thereon as herein provided.

(g) As to any portion of land included within a parcel map for which the fee has not been deferred under subsection (b) of this section, the fee obligation established by this article may be deferred where such divisions of land are required by court order.

(1) All owners who desire to defer fees under this subsection shall enter into an agreement with the city which shall require the payment of such deferred fee at the earliest of the following occurrences:

(i) The sale or transfer of any such parcel or portion thereof;

(ii) The filing of a final map or parcel map on any portion of such parcel;

(iii) The issuance of a building permit or special permit for any development entitlement on or for any portion of such parcel.

(2) Fees deferred under this subsection shall be paid at the rates in effect when such fees become due and payable.

(Am. Ord. 79-178, § 16, eff. 12-7-79; Am. Ord. 81-118, §§ 1, 2, eff. 10-9-81; Am. Ord. 83-95, § 2, eff. 7-29-83).

No person shall construct, erect, or install, or cause or permit to be constructed, erected, or installed, any development on any parcel of land on which the local drainage fee required by this article has not been paid; and no building permit or other permit for any development shall be issued unless the required local drainage fee has been paid. (Am. Ord. 79-178, § 17, eff. 12-7-79).

(a) The Council shall establish by resolution, for each local drainage area, a schedule of per-gross-acre fees calculated to provide the sum of money necessary to pay the estimated total costs, as set forth in the local drainage plan, of the planned local drainage facilities for such planned local drainage area. Such schedule shall be conditioned and based on the following findings by the Council:

(1) That the planned local drainage facilities for each local drainage area are in conformity with the conservation and public facilities elements of the Fresno-Clovis Metropolitan Area General Plan, the local drainage plan, and the general drainage plan of the District.

(2) That the development of property within each local drainage area will require construction or acquisition of the planned local drainage facilities described in the local drainage plan and that the fees are fairly apportioned within each local drainage area on the basis of benefits conferred on property developed or to be developed or on the need for planned local drainage facilities created by proposed or existing development of property within the local drainage area.

(3) That drainage facilities planned with respect to each local drainage area which are in addition to any existing local drainage facilities serving such local drainage area at the time of adoption of the local drainage plan are necessary to complete the planned local drainage facilities for such local drainage area.

(b) The schedule of fees shall be those amounts established by resolution of the Council adopted prior to the effective date of this ordinance and shall remain in effect until February 28, 1980. Effective March 1, 1980, and each succeeding March 1 thereafter, said schedule of fees shall be adjusted in accordance with the following criteria:

(1) On January 1 of each year the Manager shall review the current National Engineering News Record Construction Cost Index (ENRCCI). When such index differs from said index for the preceding January 1, the factor of increase or decrease shall be applied to the schedule of fees. Such factor shall be computed by dividing the ENRCCI for the current January 1 by that pertaining to the previous January 1. The individual drainage fee rates shall be multiplied by said factor to determine the adjusted schedule of fees.

(2) The Manager shall add to the schedule of fees the drainage fee rates for new planned local drainage areas established by the Council concurrently with the amendment of the local drainage plan adding thereto such new planned local drainage areas.

(3) If in the determination of the Manager the adjustment of the schedule of fees produced by the procedure in paragraph (1) of this subsection (b) is not representative of the actual change in costs of the planned local drainage facilities, the Manager may, in lieu of the procedures set forth in said paragraph, compute a new schedule of fees for adoption by resolution of the Council.

(4) In the event of the adoption of a new schedule of fees by resolution of the Council, such new schedule shall become effective immediately upon the adoption thereof by the Council. The adjustment of such schedule provided in paragraph (1) of this subsection (b) shall begin the January 1 next occuring after adoption of the new schedule.

(c) The rates per gross acre used to compute local drainage fees levied and collected pursuant to this article for parcels of land located in any local drainage area shall be those rates set forth for such local drainage area in the schedule of per-gross-acre fees established by resolution of the Council as set forth in this section. For parcels of land located, pursuant to the Zoning Ordinance, in the respective land use districts identified in said schedule of per-gross-acre fees, the per-gross-acre fee shall be the sum identified with such land use district in such schedule.

(d) In such cases wherein the parcel of land is located in a new land use district for which a rate per gross acre has not been adopted by the Council, the Manager shall calculate and the Director shall levy an interim fee using the cost distribution formula for the land use district within the subject local drainage area which in the Manager's opinion is the most similar to the new district, but which is not less than the lowest per-acre rate identified in the rate schedule for the drainage area in which such parcel of land is located. The Council shall, as soon as practical, thereafter amend the schedule of per-gross-acre fees identifying therein the new district and the fees per gross acre associated therewith and any deviation from the interim fees which shall have been paid shall be adjusted by a further payment to the city or refund to the owner.

(e) The local drainage fee applicable to any parcel of land or division shall be the product of the gross acreage of the parcel or division multiplied by the rate or rates per gross acre applicable to the land use district, the local drainage area and the local drainage area zone within which the parcel or division is located as specified within the fee schedule resolution adopted pursuant to this section.

(f) When a development is proposed on only a portion of any parcel of land, the Director may designate on the approved plot plan the portion of such real property on which the development is to occur as the area to be developed. The payment of the local drainage fee shall be limited to such designated area subject to the following conditions:

(1) Such designated area shall include all area to be the subject of activity which materially alters the natural surface of the land or restricts the imperviousness of the soil, including landscaping, paving and other means of soil stabilization, and grading and filling.

(2) Such designated area shall equal or exceed the minimum area established for the applicable land use district identified in the Zoning Ordinance.

(3) The area of such parcel remaining undesignated shall equal or exceed the minimum area established for the applicable land use district identified in the Zoning Ordinance.

(g) When any development subject to a special permit or a recorded development agreement would create a greater or lesser amount of change in the natural surface of the land than would be created by the normal or usual development of land in a land use district, an appropriate fee shall be calculated by using the rate or rates for the land use district within the subject local drainage area which is most similar in character to the proposed development. Payment of such fee or the construction of planned local drainage facilities, or a combination thereof, shall be a condition of any permit which is required for construction or use of such development.

(h) When the local drainage fee applicable to any parcel of land has been paid pursuant to this article, or shall have been paid through assessment in a specific assessment proceeding, and the use of such parcel of land is changed to a use which, under the then-current fee schedule, requires a higher local drainage fee, then such parcel of land shall be subject to payment of an additional fee which shall be the fee applicable to such parcel of land in its changed use under the fee schedule in effect at the time the additional fee is payable less the total of any credits allowed under Section 13-1306. (Am. Ord. 79-178, § 18, eff. 12-7-79; Am. Ord. 84-122, § 1, eff. 9-28-84).

(a) In the computation of the local drainage fee payable because of the development or division of any parcel of land, a credit shall be allowed for planned local drainage facilities installed with respect to such parcel. Such credits for the actual cash expenditures for the construction of local drainage facilities constructed and still in existence and use in any street, alley, or public easement and not constructed by special assessment proceeding shall be allowed, subject to the following conditions and limitations:

(1) Facilities considered for such credits shall have been constructed in conformance with the standards of the city or the District in effect when such facilities were constructed.

(2) The Manager shall certify that such facilities are in conformance with, or beneficial for use in connection with, the planned local drainage facilities installed or to be installed in the local drainage area.

(3) The credit allowed shall not exceed the cost of such facilities, as determined by the Manager from actual cost records or by applying estimates of construction costs prevailing at the time such facilities were constructed, provided that no credit shall be allowed because of public easements, the dedication of which may have been required by the District or city in conjunction with development or divisions as defined in this article.

(4) The facilities shall have been constructed and paid for with respect to the parcel for which credit is claimed and are located in or will serve the planned local drainage area within which is located the parcel for which credit is claimed.

(5) Proof to the satisfaction of the District's Board of Directors shall be made by the person claiming such credit hereunder of the amount of the actual cash expenditures for which credit is claimed.

(6) The city or District shall have acquired ownership of the facilities without cost.

(7) When the facilities for which credit is claimed benefit more than one parcel and only a portion of the total allowable credit is claimed, the District may, in the absence of an agreement among the owners of the subject parcels eligible for such credit, estimate the total cost of the facilities at the time of construction and apportion the total credit allowable for such facilities among the benefiting parcels in a manner that the District in its sole discretion shall deem equitable.

(8) Except in the case of public agencies, in the event the actual cash expenditures, as determined by the Manager in paragraph (3) of this subsection (a), exceed the total local drainage fee payable because of the development or division of any parcel of land, District shall contract with the developer or divider to reimburse such excess credits. Such reimbursement shall be subject to the following conditions and limitations:

(i) Such reimbursements shall be paid to the developer or divider from local drainage fees received pursuant to subsequent development or division of other parcels of land within the local drainage area served by the planned local drainage facilities for which such reimbursement is due.

(ii) In those local drainage areas in which more than one reimbursement contract is concurrently in existence, the order of reimbursement shall be based upon the date of receipt by District of the submittals set forth in paragraph (vii) hereof. Reimbursement shall not be paid pursuant to a later reimbursement contract within a local drainage area until any previous reimbursement contract within said drainage area is fully reimbursed.

(iii) The payment of such reimbursements is to be made semi-annually, in amounts determined by the Manager.

(iv) Should there not be sufficient subsequent drainage fees available, or should the facilities required to provide the level of drainage service prescribed by the local drainage plan not be available, by a date fifteen years from the date of receipt by District of the submittals set forth in Paragraph (vii) hereof, the initial reimbursement period and any remaining obligation of the District to reimburse such excess credit shall expire; provided however, that the expiration of the District's reimbursement obligation shall be extended an additional five years in those cases in which the developer or divider has been reimbursed at least seventy-five per cent of the total excess credit during the initial reimbursement period.

(v) The total reimbursement to be paid pursuant to this subsection (a) shall not exceed ninety-five per cent of the total excess credit; the District shall retain five (5) per cent from each reimbursement as an administrative records and services charge.

(vi) Nothing herein shall preclude the more frequent payment of reimbursement or the partial payment of reimbursements when sufficient funds are determined by the Manager to be available and all other conditions of this subsection (a) have been met.

(vii) The developer or divider shall submit to District, within ninety days of acceptance by District of those facilities for which credit or excess credit is claimed, the reproducible as-built plans of said facilities, the project accounting reflecting final costs of the eligible items and any balance due of the final drainage fee determined pursuant to this chapter. Credits and reimbursement of excess credits shall not be granted pursuant to this section if the submissions required by this paragraph are not made.

(b) Credits for assessment previously levied for planned local drainage facilities by special assessment proceeding shall be allowed, subject to the following conditions and limitations:

(1) Such facilities shall have been constructed in conformance with the standards of the city or the District in effect when such facilities were constructed.

(2) The Manager shall certify that such facilities are in conformance with or beneficial for use in connection with the planned local facilities installed in the local drainage area.

(3) The credit allowed shall be equal to the amount of the assessment and any supplemental assessment levied upon the parcel of land, which was paid in cash or which became security for a bond or bonds issued in the special assessment proceedings. If one assessment was levied for drainage facilities and other improvements in the same proceeding, the Manager shall determine, from the engineer's report in the assessment proceeding, if available, otherwise on cost estimates applied by the Manager, the proportion of the assessment attributable to such facilities, and the amount so determined by him shall be the credit allowed.

(c) If a local drainage fee was paid on all or a portion of the parcel of land pursuant to this article and an additional local drainage fee is payable under any provision of this article, a credit shall be allowed equal to the amount previously paid. (Am. Ord. 79-178, § 19, eff. 12-7-79; Am. Ord. 84-122, § 2, eff. 9-28-84; Am. Ord. 85-112, § 1, eff. 9-13-85).

(a) In the case that the amount of any local drainage fee shall be disputed, the city, or District, if designated to collect such fees, shall allow such fee to be paid under protest. Such protested fee shall be reviewed by the Director and the correct amount thereof determined according to law and the city shall be reimbursed by the District for any cost of litigation incurred by the city in connection with such dispute.

(b) The owner of land proposed for development or division, or his representative designated in writing, may appeal any requirement of the District under this article. Any such requirement may be imposed only by a written notice signed by the District's general manager or engineer. Any person appealing shall file a written notice of appeal with the secretary of the District within ten days of the action of the District from which the appeal is taken.

Upon the filing of such an appeal, the appeal board, which for purposes of this article shall be the District Board of Directors, shall set the matter for hearing. The hearing shall be held and a decision rendered by the appeal board within forty days after the date of filing the appeal.

(c) The owner or representative specified in subsection (b) of this section may appeal from the action of the appeal board to the Council. Any such appeal shall be filed in writing, on a form provided by the Director of Public Works, with the City Clerk within ten days after the action of the appeal board from which the appeal is being taken.

After the filing of such an appeal, the Council shall hold a hearing thereon within thirty days after the date of filing of the appeal. Within ten days following the conclusion of the hearing, the Council shall render its decision on the appeal. The decision of the Council shall be final. (Added Ord. 79-178, § 20, eff. 12-7-79; Am. Ord. 83-95, §§ 3, 4, eff. 7-29-83).

The District is hereby designated as the public agency which shall design, acquire, construct, and install, in territory which is within the District, the planned local drainage facilities specified in the local drainage plan, other than street facilities. (Am. Ord. 79-178, § 21, eff. 12-7-79; formerly § 13-1307).

The Controller of the city shall transfer to the District, on the fifteenth day of each month, all local drainage fees collected and deposited in each planned local drainage facilities fund during the preceding calendar month. Where a local drainage area lies wholly or partially outside the boundaries of the District, the city may expend from the planned local drainage facilities fund for such local drainage area such amounts as the Public Works Director of the city shall require for the design, acquisition, construction or installation of planned local drainage facilities within the portion of such local drainage area outside the District in accordance with the local drainage plan. For the purposes of this section, the Controller shall withhold from transfer to the District all or a part of the funds in the planned local drainage facilities fund of any such local drainage area provided, that upon annexation to the District of the territory comprising any such local drainage area, and after the city has been reimbursed for all such expenditures therein, the Controller shall transfer to the District under the same conditions as transfers authorized by this section, all monies remaining in such planned local drainage facilities fund. The city shall concurrently transfer to the District fee title to all facilities constructed by the city from drainage fees retained by the city pursuant to this section. (Am. Ord. 79-178, § 22, eff. 12-7-79, formerly § 13-1308).

Collection of local drainage fees under the provisions of this article shall not be commenced until the city and the district shall have entered into an agreement for administration and enforcement, which shall include, without limitation, the following provisions:

(a) That, in consideration of the levy, collection, and transfer to the District by the city of local drainage fees as provided in this article, the District accepts designation by the city as the public agency having the duty and responsibility to review all developments within planned local drainage areas for compliance with the local drainage plan and to design, acquire, construct and install the planned local drainage facilities specified in such local drainage plan.

(b) That the District shall make all computations of local drainage fees payable pursuant to this article and shall, at the request of any personnel of the city charged with the administration or enforcement of this article, promptly furnish the amount of local drainage fee payable on any parcel of land.

(c) That the city shall submit or shall require the submission to the District of duplicate copies of all subdivision maps, parcel maps, site plans, and other such forms representing development or division proposals submitted to the city for review and approval for which local drainage fees must be calculated.

(d) That the city shall collect or may designate District to collect the local drainage fees payable under this article in the respective amounts as computed by the District.

(e) The District shall establish for each local drainage area a planned local drainage facilities fund into which all funds transferred from the city's fund for such local drainage area shall be deposited, and to expend the funds therein solely for acquisition or construction of planned local drainage facilities within such local drainage area, except that surplus remaining after final completion of such planned local drainage facilities may be applied to maintenance of facilities in reduction of any annual ad valorem assessment for maintenance levied by the District on properties in such local drainage area.

(f) That the District shall keep and maintain accurate records of the local drainage fees paid on each parcel of land in the District adequate to permit expeditious determination of the amount thereof as may be required in the administration of this article.

(g) That, if the District shall order the construction of planned local drainage facilities pursuant to special assessment proceedings, the District shall apply, as a contribution to the amount of the assessment levied upon any parcel of land in the assessment district, the amount of any local drainage fee previously paid for such parcel pursuant to the provisions of this article.

(h) The District shall defend and indemnify and hold the city harmless from any dispute, claim or lawsuit arising out of any requirement for the construction of local drainage facilities or the payment of any local drainage fee or calculation of such fee which the District or city may impose as a condition of approval of any development or final subdivision or parcel map. (Added Ord. 79-178, § 23, eff. 12-7-79, formerly § 13-1309).