Chapter 1.08 — ANNEXATIONS

All proposed annexations to the city shall be prezoned and preplanned by the city's planning commission prior to the city council authorizing the owners of such territory to submit an application or petition to the local agency formation commission for annexation to the City of Grass Valley.

(Prior code § 2A-01)

For the purpose of this chapter, the benefit of municipal improvements to territory to be annexed to the city shall be established by a resolution of the city council.

A.

The resolution shall also establish an annexation fee per acre for territory to be annexed by dividing the estimated book value of such improvements (excluding sewer, water and street improvements) by two thousand five hundred eighty-six acres which is equal to the number of acres in the city and the estimated area to be annexed to the city by December 31, 1987, at the time of adoption of this section.

B.

The resolution shall also establish an additional annexation fee per acre for territory to be annexed outside the present city sewer service area consisting of the city, Glenbrook sewer assessment district, and Springhill Village subdivision No. 1 by dividing the estimated book value of sewage treatment plant improvements by three thousand two hundred fifty-one acres which is equal to the number of acres in the city sewer service area and the estimated areas to be annexed to the city by December 31, 1987, at the time of adoption of this section.

C.

The resolution shall also establish an additional annexation fee per acre for territory to be annexed by dividing the estimated book value of the city water treatment plant and improvements by one thousand two hundred twenty-two acres which is equal to the number of acres in the city water service area at the time of adoption of this section; the fee shall be imposed only when the annexation will add to the city water service area.

(Prior code § 2A-02)

In cases of annexation of inhabited or uninhabited territory, an annexation fee or charge shall be imposed on the owners of property within the annexed territory, as established by resolution of the city council.

(Prior code § 2A-03)

The total annexation fee or charge, computed from the basic sums established by resolution of the city council pursuant to Sections 1.08.020 and 1.08.030, may be reduced as follows:

A.

Where a portion of the annexed territory is dedicated by the owners to the city or other public entity for park, recreation or school purposes pursuant to Sections 66477 and 66478 of the California Government Code or a portion in any event not to exceed twenty percent of the annexed territory is dedicated as or covenanted to be open or green space pursuant to a requirement of the planning commission, pursuant to authority granted to such commission by any ordinance of the city, such portion of the territory may be disregarded in the computation of total annexation fees or charges.

B.

Where a portion of the territory to be annexed is devoted to a segment of an area-wide or regional drainage channel and by reason whereof such portion so devoted is rendered wholly unproductive except for such drainage purposes, such portion of area of the annexed territory may be disregarded in the computation of total annexation fees or charges.

C.

Where a portion of the territory to be annexed consists of existing county, state, or federal street, road, or highway right-of-way or proposed future construction thereof, based on established mapped rights-of-way for such purposes, and where such portion or portions of such streets, or rights-of-way are of general benefit to the community, such portion or portions of such territory, to the extent of such general benefit, may be disregarded in computing such annexation fees or charges.

D.

Where the territory to be annexed is more than ten acres and the development of said territory is restricted to not more than one single-family dwelling for each five acres, the total annexation fee or charge may be reduced so as to recognize the restricted use of the territory below the maximum density allowed by its zoning, provided such reduction shall be subject to the approval of the city council.

E.

The city council may waive any portion of such annexation fees if it finds and determines that the territory to be annexed would ultimately improve the economy of the city by creating a substantial number of new

permanent employment opportunities.

(Prior code § 2A-04)

No annexation fee or charge shall be imposed under this chapter in the following cases:

A.

On all publicly owned property in the annexed territory;

B.

On all tax exempt property in the annexed territory;

C.

On all property in the annexed territory when the annexation is initiated by a resolution of application of the city council rather than by petition of the property owners.

(Prior code § 2A-05)

When any such inhabited annexation has been completed by the recordation of a certificate of completion of proceedings as provided by Section 57203 of the California Government Code, the city clerk shall forthwith cause each owner of property within the annexed territory to be notified in writing of the amount to be paid by each such owner based upon the annexation. Such notice shall clearly state the date on or prior to which such sum or installment, if such be the case as provided by such notice of election, shall be paid, and in the event such sum or installment payment be not paid on or prior to such prescribed date, the amount due and unpaid shall be entered on the next ensuing secured tax roll and the sum shall be thereafter collected in the manner provided for by law for the collection of taxes.

(Ord. 459 § 1, 1991; Ord. 454 § 1, 1991: prior code § 2A-08)

In all cases of uninhabited annexation, there shall be made, executed and delivered to the city prior to the adoption of the resolution approving the proposed annexation's submission to the local agency formation commission, an agreement to pay the whole of such annexation fees or charges on such terms and conditions and at such times as may be prescribed by the city council. Such agreement shall in all cases provide for any unpaid balance of any such annexation fee or charge to be and become a charge and lien against the real property included in the annexed territory, and such agreement shall further provide for its recordation in the office of the county recorder of the county of Nevada at the option of the city council at the time of or concurrent with the effective date of the annexation. The agreement shall further provide that all building permits or final subdivision maps or other documents relating to development of the property shall be approved or issued in conformance with such agreement.

(Prior code § 2A-07)

In all cases of proposed annexation of uninhabited territory the same agreement provided for by Section 1.08.070 of this chapter shall be required and executed prior to the city council approving the proposed annexation for submission to the local agency formation commission and the agreement shall contain the following conditions:

A.

Sewer service for wastewater treatment shall be allowed the owner of the property to be annexed by the city only as capacity for wastewater treatment service is available in the city's wastewater treatment system. Connections to the wastewater treatment system shall be granted on a first-come, first-served basis for all parcels within the city sewer service area, as capacity exists. Owners of property annexed to the city shall agree that the city shall not be legally liable to such owner(s) for any damages whatever if the city fails to provide wastewater treatment services for any reason to the property owner's land after annexation.

B.

The total amount of the fee, less the amount of reduction approved in accordance with Section 1.08.040 by the city council.

C.

The period beyond the date of adoption of the resolution ordering annexation, for payment of the total fee, if not paid prior to the adoption of the resolution ordering annexation.

D.

Payment of fee, either prior to or following completion of annexation proceedings to be made to the city clerk, and the issuance of a receipt.

E.

Acknowledgment of the fee as a valid lien against the property to be annexed. Recordation of agreement containing description of specific property or properties obligated for fee payment, and specifying payment in escrow proceedings upon sale of any part or all of obligated property, unless the subsequent purchaser executes a novation with the city.

F.

For an annexation of fifty acres or less, payment of the fee of undeveloped and uninhabited territory, may be in lump sum or in installment payments of at least thirty-five percent at the time of annexation with an annual interest rate as established by resolution of the city council. Full payment shall be made prior to filing a final subdivision map or prior to the issuance of any building permit for any part or all of the entire property annexed. For this purpose, the city reserves the right not to issue any building permit or approve the filing of a final subdivision map for any portion of the annexed property for which full payment has not been made.

G.

For an annexation of more than fifty acres, the payment of the fee for undeveloped and uninhabited territory, may be in lump sum or in installment payments of at least thirty-five percent at the time of annexation with fifteen percent within two years thereafter. The remaining fifty percent shall be paid on a pro rata basis as each building permit is issued. The amount due for each building permit shall be determined by calculating the amount of fee which is equal to the proportion of acreage of the building permit parcel to the total acreage within the annexation. In all cases, the total amount of annexation fees shall be paid by the property owners to the city within ten years from the date of the agreement.

H.

The agreement, when fully executed and acknowledged, shall in all cases be recorded with the county recorder.

(Ord. 454 § 1, 1991: prior code § 2A-08)

A.

All fees collected under this chapter shall be used only for the purchase or development of infrastructure capital expense items required to provide municipal services to annexing properties.

B.

The portion of such fee relating to the wastewater treatment system shall be used exclusively for the purpose of increasing the capacity of such system.

(Prior code § 2A-09)