Indio Municipal Code Ch. 33 Finance; Purchasing

[1961 Code, § 2.70; Ord. 278; Ord. 1255, 10-6-1999; Ord. 1713, 4-19-1917]

There is hereby created and established in and for the city a Finance Department to carry out the “Budget System–General Financial Policies” as approved. The following Financial Policies are established to see that the City/Agency/Other Entity finances are managed in a manner which will (1) continue to provide for the delivery of quality services, (2) maintain and enhance service delivery as the community grows in accordance with the General Plan, (3) guarantee a balanced budget annually providing assurance of always living within our means, and (4) establish reserves necessary to meet known and unknown future obligations. To achieve these goals the following Financial Policies are presented which include General Policies, Reserve Polices, Revenue Policies, Cost of Services Policy, Expenditure and Budgeting Polices, Debt Policies, and Capital Improvement Plan (CIP)/Capital Equipment Program (CEP) Policies.

(A) General policies.

(1) The City/Agency/Other Entities will manage its financial assets in a sound and prudent manner.

(2) The City/Agency/Other Entities will maintain sound financial practices in accordance with state law, and direct its financial resources toward meeting the City/Agency/Other Entity's long-term goals.

(3) The City/Agency/Other Entities will maintain and further develop programs to assure its long-term ability to pay all the costs necessary to provide the level and quality of service by its citizens.

(4) City/Agency/Other Entities will establish and maintain investment policies in accordance with state laws that stress safety and liquidity over yield.

(5) City/Agency/Other Entities will deliver service in the most effective manner, including utilizing the services of volunteers in areas where it is economically viable.

(B) Reserve policies.

(1) The City/Agency/Other Entities will establish, dedicate and maintain reserves annually to meet known and estimated future obligations.

(2) The City/Agency/Other Entities will establish Specific Reserve Accounts which include but are not limited to designated reserves for the following:

(a) Reserve funds for Economic Uncertainties established during “Budget Sessions” to meet General Fund Reserve Goal. Using FY 2000 as a base line the fund balance was 4% of general fund expenses;

(b) Totally funded workers compensation;

(c) Liability insurance;

(d) Estimated cost of retirees medical payments;

(e) Depreciation and replacement of vehicles and major equipment; and

(f) Major maintenance and renovation of buildings, parks, and landscape maintenance;

(3) The City/Agency/Other Entities will establish reserves for replacement of facilities and infrastructure.

(4) The City/Agency/Other Entities will establish reserves for cash flow purposes.

(C) Revenue policies.

(1) The City/Agency/Other Entities will strive to maintain a diversified, stable revenue base that is not overly dependent on any land use, major taxpayer, revenue type, restricted revenue, inelastic revenue, or external revenue.

(2) The City/Agency/Other Entities will aggressively pursue revenue collection and auditing to assure that moneys due are received in a timely manner.

(3) The City/Agency/Other Entities will seek federal and state grants and reimbursements for mandated costs whenever possible.

(4) The City/Agency/Other Entities will investigate potential new revenue sources, particularly those which will not add to the tax burden of residents or local businesses.

(5) The City/Agency/Other Entities will work proactively with the League of California Cities and local communities to monitor legislation that may impact us financially.

(6) The City/Agency/Other Entities will avoid targeting revenues for specific purposes whenever possible.

(7) The City/Agency/Other Entities will impose user fees when appropriate.

(8) The City/Agency/Other Entities will adopt a user fee policy, which establishes desired levels of cost recovery and determines the minimum frequency of user fee reviews.

(9) The City/Agency/Other Entities will prepare periodic financial reports of actual revenue received, for review by the City Council, to provide information on the status of the financial condition.

(10) The City/Agency/Other Entities will maintain and further develop methods to track major revenue sources and evaluate financial trends.

(11) The City/Agency/Other Entities will establish methods to maximize the accuracy of revenue forecasts.

(D) Cost of services policies.

(1) The City/Agency/Other Entities will review user fees and charges and attempt to set them as close as possible to the cost of providing services, except as provided by a Users Fee Policy or specific direction.

(2) The fees and charges will be set at a level that fully supports the total direct and indirect cost of the activity, including administrative overhead and depreciation, and in accordance with the Users Fee Policy.

(3) The City/Agency/Other Entities will require large developments to prepare a fiscal analysis, which measures direct and indirect costs and benefits to the city.

(E) Expenditure and budgeting policies.

(1) The operating budget will be prepared to fund current year expenditures with current year revenue. However, surplus fund balances may be used to increase reserves, fund Capital Improvements Projects, Capital Equipment Programs, or be carried forward to fund future years' operating budgets when necessary to stabilize or meet a fund balance goal.

(2) The operating budget will state the objectives of the operating programs, and identify the service and resources being provided to accomplish the specified objectives.

(3) The operating budget will fully track and apportion all costs, fees, and General Fund transfers associated with the Enterprise Funds.

(4) Department expenditures are limited to:

(a) Department expenditures are limited to:

1. Personnel Services (Salary and Benefits).

2. Services and Charges.

3. Materials and Supplies.

4. Capital Outlay.

(b) All budget transfers across categories and funds require the approval of the City Manager.

(c) The City/Agency/Other Entities will fully accrue unused vacation annually.

(d) The City/Agency/Other Entities will periodically update project, equipment replacement and maintenance financing plans, and incorporate them into the Budget.

(F) Debt policies. The debt policies of the city/agency/other entities will be as set forth in a debt management policy adopted by resolution of the City Council.

(G) Capital Improvement Plan (CIP)/Capital Equipment Program (CEP) policies.

(1) The City/Agency/Other Entities will construct all capital improvements in accordance with an adopted capital improvements program (CIP).

(2) The City/Agency/Other Entities will develop a five-year plan for capital improvements and a three-year plan for capital equipment to be updated at least annually. Future capital expenditures will be projected annually for a five-year CIP and three-year CEP based on changes in the community population, real estate development or replacement of the infrastructure.

(3) The City/Agency/Other Entities will coordinate preparation of the Capital Improvement Budget as close as possible with preparation of the annual Operating Budget taking into consideration the federal and state Funding Cycles. Future operating costs associated with new capital improvements and capital equipment will be projected and included in Operating Budget forecasts.

(4) The City/Agency/Other Entities will identify the estimated costs and potential funding sources for each proposed capital project(s) and replacement of capital equipment, before it is submitted to Council for approval.

(5) The City/Agency/Other Entities will attempt to determine the least costly financing method for all new projects and equipment.

(6) The estimated cost of Capital Improvement and Capital Equipment replacement for enterprise funds such as water, golf, or other enterprises will be updated at least every two years to ensure that rates and charges are covering the full costs of operating these programs.

[1961 Code, § 2.71; Ord. 278]

The Finance Department is vested and charged with the following duties and responsibilities:

(A) To maintain and operate the general accounting system of the city and of each of the respective departments, offices and agencies thereof;

(B) To perform the accounting functions and duties in accordance with the latest and most modern accounting methods as the science of accounting progresses;

(C) To keep and maintain, or to prescribe and require the keeping and maintaining of inventory records of municipal properties necessary in accordance with modern municipal accounting practices;

(D) To assume, maintain and perform all functions and duties relating to the administration and control of sales taxes levied by the city and of the collection thereof;

(E) To assume and perform all municipal functions and duties relating to the preparation, auditing, presenting and disbursement of claims and demands against the city, including payrolls;

(F) To assist the City Manager in the preparation of the annual budget and in the administration thereof;

(G) To prepare and present to the City Council through the City Manager in sufficient detail to show the exact financial condition:

(1) A monthly (or more frequently as may be desired) statement of all receipts, disbursements and balances of the city;

(2) An annual statement and report of the financial condition of the city;

(3) Other financial reports as may be required by the City Council or City Manager.

(H) To prepare and present the annual report required by law to the State Controller and other further and additional reports as may be required by the City Council or City Manager.

Subchapter 2. Finance Officer

[1961 Code, § 2.72; Ord. 278]

The position of Finance Director is hereby established in and for the city. The Finance Director shall be appointed by the City Manager subject to the approval of the City Council in the manner as pertains to the appointment of other department heads.

[1961 Code, § 2.73; Ord. 278; Ord. 322]

The duties and functions of the Finance Director are as follows:

(A) The financial and accounting duties heretofore imposed upon the City Clerk under Cal. Gov't Code §§ 40802 through 40805 are hereby transferred to the Finance Director and the performance of those duties as required by those code sections is hereby imposed upon the Finance Director.

(B) Supervise the Finance Department of the city.

(C) Appoint, subject to civil service procedures, subordinate employees as may be authorized by the City Council for the Finance Department.

(D) Cooperate with the City Treasurer and other department heads of the city in establishing and maintaining sufficient and satisfactory procedures and controls over municipal revenues and expenditures in all departments of the city in accordance with modern municipal accounting practices.

(E) The Finance Director, before entering upon the duties of his or her office, shall furnish a surety bond in favor of the city in an amount that the City Council shall establish from time to time , which bond shall be subject to approval by the City Manager and upon that approval shall be filed with the City Clerk.

(F) Perform other duties as the City Council or City Manager may, from time to time, direct.

Subchapter 3. Special Gas Tax Street Improvement Fund

[1961 Code, § 2.74; Ord. 72]

To comply with the provisions of Cal. Sts. & High. Code div. I, ch. 1, art. 5, with particular reference to the amendments made thereto by 1935 Cal. Stat. Chapter 642, there is hereby created in the city treasury a special fund to be known as the Special Gas Tax Street Improvement Fund.

[1961 Code, § 2.75; Ord. 72]

All money received by the city from the state under the provisions of the Streets and Highways Code of the state for the acquisition of real property or interests therein, or for the construction, maintenance or improvement of streets or highways other than state highways shall be paid into the fund created by § 33.030.

[1961 Code, § 2.76; Ord. 72]

All money in the fund created by § 33.030 shall be expended exclusively for the purposes authorized by and subject to all of the provisions of Cal. Sts. & High Code div. I, ch. 1, art. 5.

Subchapter 4. Air Quality Trust Fund; Vehicle Registration Fee

[1961 Code, § 20.47; Ord. 1091]

(A) The city hereby finds and declares that:

(1) The city is committed to improving the public health, safety and welfare, including air quality;

(2) Mobile sources are a major contributor to air pollution in the south coast air basin;

(3) Air quality goals for the region established by state law cannot be met without reducing air pollution from mobile sources;

(4) The South Coast Air Quality Management Plan (SCAQMP) calls upon cities and counties to reduce emissions from motor vehicles consistent with the requirements of the California Clean Air Act of 1988 by developing and implementing mobile source air pollution reduction programs.

(5) These programs place demands upon the city's funds; those programs should be financed by shifting the responsibility for financing from the General Fund to the motor vehicles fund creating the demand, to the greatest extent possible;

(6) Cal. Health & Safety Code § 44223, added to the by action of the California legislature on September 30, 1990 (Chapter 90-1705), authorized the South Coast Air Quality Management District (SCAQMD) to impose an additional motor vehicle registration fee of $2, commencing April 1, 1991, increasing to $4 commencing April 1, 1992, to finance the implementation of transportation measures embodied in the [SC]AQMP and provisions of the California Clean Air Act;

(7) $.40 of every $1 collected under Cal. Health & Safety Code § 44223 shall be distributed to cities and counties located in the South Coast Air Quality Management District that comply with Cal. Health & Safety Code § 44223, based on the jurisdictions' pro-rated share of population as defined by the state Department of Finance;

(8) The city is located within the South Coast Air Quality Management District and is eligible to receive a portion of the revenues from the additional motor vehicle registration fees contingent upon adoption of the ordinance codified in this subchapter;

(9) The pro-rated share of the fee revenues for cities that fail to adopt an ordinance pursuant to Cal. Health & Safety Code § 44243(b)(3) shall be distributed instead to the jurisdictions within the district that have adopted an ordinance;

(B) The city, after careful consideration, hereby finds and declares the imposition of the additional motor vehicle registration by the SCAQMD to finance mobile source air pollution reduction programs is in the best interest of the city and promotes the general welfare of its residents.

[1961 Code, § 20.48; Ord. 1091]

This subchapter is intended to support the SCAQMD's imposition of the vehicle registration fee and to bring the city into compliance with the requirements set forth in Cal. Health & Safety Code § 44243 in order to receive fee revenues for the purpose of implementing programs to reduce air pollution from motor vehicles.

[1961 Code, § 20.49; Ord. 1091]

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

FEE ADMINISTRATOR

The Director of Finance of the city, or the Director's designee.

MOBILE SOURCE AIR POLLUTION REDUCTION PROGRAMS

Any program or project implemented by the city to reduce air pollution from motor vehicles which it determines will be consistent with the California Clean Air Act of 1988 or the plan proposed pursuant to Cal. Health & Safety Code §§ 40460 et seq.

[1961 Code, § 20.50; Ord. 1091]

The additional vehicle registration fees disbursed by the SCAQMD and remitted to the city, pursuant to this section, shall be accepted by the Fee Administrator.

[1961 Code, § 2.51; Ord. 1091]

The Fee Administrator shall establish a separate interest-bearing trust fund account in the financial institution authorized to receive deposits of city funds.

[1961 Code, § 2.52; Ord. 1091]

Upon receipt of vehicle registration fees, the Fee Administrator shall deposit those funds into the separate account established pursuant to § 33.049. All interest earned by the trust fund account shall be credited only to that account.

[1961 Code, § 20.53; Ord. 1091]

All revenues received from the SCAQMD and deposited in the trust fund account shall be exclusively expended on mobile source emission reduction programs. These revenues and any interest earned on the revenues shall be expended within one year of the completion of the programs.

[1961 Code, § 20.54; Ord. 1091]

The city consents to an audit of all programs and projects funded by vehicle registration fee revenues received from the SCAQMD pursuant to Cal. Health & Safety Code § 44223. The audit shall be conducted by an independent auditor selected by the SCAQMD as provided in Cal. Health & Safety Code §§ 44244 and 44244.1(a).

[1961 Code, § 20.55; Ord. 1091]

The provisions of this subchapter shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared in furtherance of the public health, safety, welfare and convenience.

Subchapter 5. Development Impact Fee

[Ord. 1463, 5-17-2006]

(A) New construction of dwelling units and commercial and industrial buildings, as well as the establishment of new and more intense uses in existing buildings, places demands on the city to provide new services, expand and improve public facilities, and accelerate the replacement and repair of existing public facilities.

(B) In order to provide an equitable source of funding for these new services and facilities, the City Council finds that it is fair and equitable to charge such new development and new, more intense changes in use of existing buildings, for a proportionate share of the costs of new services and facility improvements and repairs.

(C) Charges on new development will ensure that there are appropriate revenues to minimize the potential threat to public health, safety, and welfare caused by new development which incrementally impacts water and sewer supply, drainage, fire and police protection, and other public services and thereby reduce the reliance on other public funds to essentially underwrite the cost of services and facilities generated by new development.

(D) This subchapter of the Code of Indio may be referred to as the "Impact Fee Ordinance," and is enacted under the city's police power pursuant to the California Constitution, Article XI, Section 7, and pursuant to Government Code §§ 66000 et seq., (hereinafter "Mitigation Fee Act"). All words, phrases, and terms used in this title shall be interpreted in accordance with the definitions set forth in the Mitigation Fee Act, unless otherwise specifically defined herein.

[Ord. 1463, 5-17-2006]

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DEVELOPMENT APPROVAL

Any approval or permit from the city, whether discretionary or ministerial, including but not limited to, a development plan, conditional use permit, tentative subdivision map, tentative parcel map, final subdivision map, final parcel map, building permit, or other permit for construction or reconstruction, including but not limited to recreational vehicle space permits and trailer space permits.

DEVELOPMENT PROJECT

Any project undertaken for the purpose of development, as defined in the Mitigation Fee Act, requiring development approval.

DIRECTOR OF PUBLIC WORKS

The Director of Public Works of the City of Indio, or any person designated by the City Manager or Director of Public Works to perform the function of the Director of Public Works specified in this subchapter.

DWELLING UNIT

Each single-family dwelling and each habitation unit of an apartment, duplex or multiple-dwelling structure designated as a separate place of habitation.

FEE

A monetary exaction, other than a tax or an assessment, imposed in connection with approval of a development project for the purpose of defraying all or a portion of the cost of providing public facilities related to the development project, as more specifically defined in the Mitigation Fee Act.

FINANCE DIRECTOR

The Finance Director of the City of Indio, or any person designated by the City Manager or Finance Director to perform the function of the Finance Director specified in this subchapter.

IMPACT FEE ORDINANCE

This subchapter of the Code of Indio.

IMPLEMENTING RESOLUTION

A resolution of the City Council of the City of Indio establishing or modifying a fee under this subchapter and in which the findings specified in §§ 33.070 or 33.071 are made.

LOT

An individual undivided parcel of real property described on a final subdivision map or final parcel map approved by the city.

MITIGATION FEE ACT

California Government Code §§ 66000 et seq.

PUBLIC FACILITY

Public improvements, public services, and community amenities, as defined by the Mitigation Fee Act, including, but not limited to: roadways (including streets, traffic signals, and other public right-of-way improvements), storm drainage, water (including supply, treatment, and distribution), wastewater (including collection and treatment), parks, public buildings, parking lots, and other improvements or services identified in implementing resolutions adopted pursuant to this title.

SUBDIVIDER

A person, or other legal entity, who applies to the city to divide or cause to be divided real property into a development project, or who applies to the city to develop or improve (into a development project) any existing parcel of real property.

[Ord. 1463, 5-17-2006]

Pursuant to the Mitigation Fee Act and this title, the city has established fees that shall be imposed upon development projects for the purpose of mitigating the impact of development projects upon the city's ability to provide specified public facilities.

[Ord. 1463, 5-17-2006]

The following development impact fees are hereby established and imposed on the issuance of development approvals for development projects within the city to finance the cost of the following categories of public facilities and improvements reasonably related to development projects. The development impact fees consist of the following fees which are hereby established:

(A) Public building fees. In addition to any other fee prescribed by law, every person constructing any development project in the city shall pay to the city a public building fee to be used for public buildings, including but not limited to additions to city yards, city administrative buildings, animal control facilities, senior citizens centers, teen centers, community centers, libraries.

(B) Park fees. In addition to any other fee prescribed by law, every person constructing any development project in the city shall pay to the city a park fee to be used for improvements and facilities to park lands for recreation and leisure activities. The city's use of these fees shall be independent of and shall complement the development of new and/or rehabilitation of existing neighborhood or community park or recreational facilities through Quimby Fees collected per Code of Indio §§ 156.130 et seq.

(C) Fire and police capital impact fees. In addition to any other fee prescribed by law, every person constructing any development project in the city shall pay to the city a fire and police capital impact fee to be used for police and fire department buildings, equipment and training facilities.

(D) Water impact fees. In addition to any other fee prescribed by law, every person constructing any development project in the city on land that has not had prior water service, shall pay to the city a water impact fee to be used for water system facilities and improvements, including, but not limited to, wells, pipelines, pump stations, reservoirs, and related facilities. The fees shall be due and payable for residential development concurrent with the recording of the final map and for commercial development, upon application to the city for a building permit for the construction of any dwelling unit or building or addition.

(E) Storm drain facilities fees. In addition to any other fee prescribed by law, every person constructing any development project in the city shall pay to the city a storm drain facilities fee to be used for defraying the costs of constructing planned drainage facilities for the removal of surface waters and storm waters from local or neighborhood drainage areas established pursuant to the master plan of drainage.

(F) Road, bridge and thoroughfare fees. In addition to any other fee prescribed by law, every person constructing any development project in the city shall pay to the city a road, bridge and thoroughfare fee to be used for defraying the actual or estimated costs of construction of roads, bridges, and major thoroughfares as identified in the Circulation Element of the General Plan that serve the development project.

(G) Traffic signal fees. In addition to any other fee prescribed by law, every person constructing any development project in the city shall pay to the city a traffic signal fee for traffic signal improvements.

[Ord. 1463, 5-17-2006]

(A) Exemptions. Unless otherwise provided in the implementing resolution, the following types of development projects are exempt from paying development impact fees pursuant to this subchapter:

(1) Addition of habitable living space to an existing single-family dwelling.

(2) Addition of an accessory structure to a single-family dwelling.

(3) Second dwelling units on residential single-family lots.

(B) Credits. The city may within its sole and absolute discretion negotiate credits as to fees charged for a development project per this subchapter, when such a development project is also covered by assessment districts, Mello-Roos Community Facilities Districts, or other financing mechanisms.

[Ord. 1463, 5-17-2006]

The fees imposed by the city pursuant to this subchapter shall be solely used (1) to pay for the cost of providing specified public facilities, as described in § 33.068 and in implementing resolutions, and (2) for reimbursing developers who have constructed public facilities determined by the city to be beyond that needed to mitigate the impacts of the developer's project or projects.

[Ord. 1463, 5-17-2006]

(A) Pursuant to the Mitigation Fee Act, the City Council shall establish the amount of each type of impact fee in an implementing resolution, that is a legislative act.

(B) Notice and hearing. Prior to approving or amending a fee, the City Council shall hold at least one regularly scheduled public meeting at which oral or written presentations may be made. Notice of said meeting shall be given as provided in Government Code §§ 66016, 66017, and/or 66018. No new fee shall be imposed sooner than 60 days following the City Council's final action on the adoption or increase of the fee.

(C) Required findings. The implementing resolution shall identify the findings required by the Mitigation Fee Act, including:

(1) The purpose of the fee.

(2) The use to which the fee is to be put, including a description of the specified public facilities to be provided.

(3) The reasonable relationship between the fee's use and the type of development project on which the fee is imposed.

(4) The reasonable relationship between the need for the specified public facilities and the type of development project within the specified geographical area.

(5) The reasonable relationship between the amount of the fee and the cost of the specified public facilities attributable to the development project on which the fee is imposed.

[Ord. 1463, 5-17-2006]

By resolution, the City Council may periodically update and adjust each fee, as authorized and/or required by the Mitigation Fee Act. Any resolution updating or adjusting any fee shall comply with the notice and hearing provisions and contain the findings required by § 33.071.

[Ord. 1463, 5-17-2006]

Any fees established pursuant to this subchapter shall be revised annually by means of an automatic adjustment on July 1 of each year based on the average percentage change over the previous calendar year set forth in the Engineering News Record Construction Cost Index for the City of Los Angeles or, if the index is no longer published, an index determined by the Director of Public Works to be a recognized standard of the construction industry.

[Ord. 1463, 5-17-2006; Ord. 1586, 2-2-2011]

The fee to be paid for each lot or dwelling unit within a development project shall be the amount of the fee in effect, pursuant to implementing resolution, at the time that full payment is made to the city. The fee for each lot or dwelling unit within a development project shall be paid in-full prior to the issuance of any certificate of occupancy, unless otherwise authorized by the Mitigation Fee Act.

[Ord. 1463, 5-17-2006]

The provisions of this subchapter shall not release any owner of residential or nonresidential property from:

(A) The obligation of paying other applicable fees relating to development of property, including, without limitation, the application fees, processing fees, mitigation fees, Quimby Fees, and other development fees within the control of the city;

(B) Compliance with any public facility or improvement requirements imposed pursuant to applicable law, including, without limitation, the provisions of the Code of Indio and the Government Code, at the time of approval of a tentative subdivision map, tentative parcel map, certificate of compliance, building permit, or other land use entitlement; and/or

(C) Compliance with any obligation to pay fees or exactions, or to comply with mitigation requirements of identified project-related environmental effects.

[Ord. 1463, 5-17-2006]

(A) Compliance with mitigation fee act. The fees collected pursuant to this subchapter shall be accounted for and invested as required by California Government Code Sections 66001 and 66006, or such other requirements as the law may impose with respect to such fees.

(B) Placement of fees in separate city account. The Finance Director shall create a separate capital facilities account for each type of fee imposed and collected pursuant to this subchapter. The Finance Director shall receive all fees paid and place them in the appropriate capital facilities account. Within the capital facilities account, the Finance Director shall create sub-accounts as necessary. The Finance Director shall keep account of all funds received, their source, all expenditures therefrom and the purpose of all expenditures. All interest earned on investment of the funds in the capital facilities accounts shall be deposited in the capital facilities accounts and the sub-accounts therein and shall be expended only for the purpose for which the fee was originally collected.

(C) Annual report. The Finance Director shall prepare an annual report thereon pursuant to Government Code 66006, and make such report available to the public stating: (1) the type of fee in the account, (2) the amount of the fee, (3) the beginning and ending balance of the account or fund, (4) the amount of the fees collected and the interest earned, (5) information relating to the public improvements on which the fees were expended, (6) the approximate date by which the construction of the improvement will commence if sufficient funds have been collected, (7) a description of inter-fund transfers or loans and (8) the amount of any refunds.

(D) Review of annual report. The City Council shall review said annual report at the first regularly scheduled public meeting more than 15 days after the report is made available to the public. Notice of such meeting shall be mailed at least 15 days prior to the meeting to any interested person who files a written request with the local agency for mailed notice of the meeting pursuant to Government Code Section 66006.

[Ord. 1463, 5-17-2006]

(A) Commencing with the fifth fiscal year following the first year of receipt of any revenues from the fees established, assessed and levied pursuant to the provisions of the Impact Fee Ordinance, and each fiscal year thereafter, the Finance Director shall provide the City Council with a report that sets forth the total amount of all the fee revenues that were received and deposited in the capital facilities accounts in each fiscal year prior to the date of the report, but that remain unexpended or unappropriated as of the date of the report; provided, however, that no report shall be required for any year in which there were no unspent or unappropriated fee revenues in the capital facilities accounts that were received and deposited in the capital facilities accounts more than five years prior to the date of the required report.

(B) Upon review of the report described in division (A) of this § 33.077, the City Council shall take one of the following actions with respect to any unexpended or unappropriated fee revenue in a capital facilities account that was received and deposited in the capital facilities account five or more years prior to the date of the report:

(1) Appropriate all or any part of the unexpended or unappropriated fee revenue for the design, construction, or installation of the facilities for which the fee was imposed;

(2) Make all of the following findings with respect to that portion of the capital facilities account remaining unexpended, whether committed or uncommitted:

(a) Identify the purpose to which the fee is to be put;

(b) Demonstrate a reasonable relationship between the fee and the purpose for which it is charged;

(c) Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements for which the fee is charged; and

(d) Designate the approximate dates on which the funding referred to in division (B)(2)(c) is expected to be deposited into the appropriate sub-account.

(3) Provide for the refund of all or any part of the unexpended or unappropriated fee revenue, together with any actual interest accrued thereon, in the manner described in Government Code Section 66001(e), to the current record owner of the development project, or any portion thereof, for which a fee was paid; provided that if the administrative costs of refunding the fee revenue exceed the amount to be refunded, the City Council, after considering the matter at a public hearing, notice of which is given in the manner proved for in Government Code Section 66001(f), may appropriate the revenue for any other facility for which impact fees are charged or otherwise imposed pursuant to the Impact Fee Ordinance and which the City Council determines will benefit the properties for which the fee was charged or otherwise imposed; and further provided that the portion of any fee revenue received by the city as reimbursement of its costs in administering the provisions of this subchapter shall not be refunded.

(C) The provisions of divisions (d), (e), and (f) of Government Code Section 66001 shall apply fully to any refund of fees remaining unexpended or uncommitted in the capital facilities account for five or more years after deposit, and the provisions of this section shall be subordinate to the Mitigation Fee Act and shall be applied consistently therewith.

[Ord. 1463, 5-17-2006]

(A) A subdivider subject to a fee established pursuant to this subchapter may apply to the Director of Public Works for a reduction, adjustment, or waiver or any one or more of the fees, or any portion thereof, based upon the absence of a reasonable relationship or nexus between the impacts of the subdivider's development project and either the amount of the fee charged or the type of public infrastructure to be financed, or both. The application shall state in detail the factual basis for the claim of reduction, adjustment, or waiver, and shall include any and all written materials which the landowner deems appropriate in support of the application.

(B) The application shall be made in writing and filed with the Director at or before the time required for the filing of protests under Government Code Sections 66020 and 66021. For purposes of determining the applicable limitations period set forth in Government Code Section 66020, the date of the imposition of fees under this subchapter shall be the date of the earliest discretionary approval by the city of the subject development project. In the case of a development project where no discretionary approval is granted by the city, the date of the imposition of the fees under this subchapter shall be the date of the earliest ministerial approval by the city of the subject development project. The application shall be accompanied by the payment of a filing fee in an amount established by the City Council. The applicant shall be liable for the actual cost of the city in processing and ruling upon the application to the extent such cost exceeds the filing fee. Such excess amount may be deducted from any refund found due and owing to the applicant or may be added to the amount of development impact fees to be due or owing from the applicant, as the case may be.

(C) Notwithstanding the filing of an application and the pendency of any hearing or procedure under this section, the subdivider shall pay the development impact fees originally determined by the city in a timely manner pursuant to § 33.074. Such payment shall be deemed to be a payment under protest pursuant to Government Code Sections 66020 and 66021.

(D) An application for a reduction, adjustment, or waiver or any one or more of the fees, or any portion thereof, shall be reviewed by the Director of Public Works. The Director of Public Works shall approve a fee adjustment application only if he or she determines that there is the absence of a reasonable relationship or nexus between the impacts of the subdivider's development project and either the amount of the fee charged or the type of public infrastructure to be financed, or both. No formal public hearings need be conducted nor any notice given except to the applicant in connection with the granting or denial of such a fee adjustment application. The decision of the Director of Public Works shall be final and not appealable, except as provided in § 33.079.

(E) The protest procedures set forth in this section are administrative procedures which must be exhausted prior to the institution of any judicial proceeding concerning the fees protested. Any petition seeking judicial review of a decision by the City Council shall be made under Code of Civil Procedure § 1094.5 and shall be filed by or before (1) 90 days following the date of which such decision is mailed to the applicant or (2) the expiration of the limitation period set forth in subsection (d) of Government Code Section 66020, whichever occurs later.

[Ord. 1463, 5-17-2006]

Any person aggrieved by determination of the City Council or the Director of Public Works under this subchapter may appeal to the City Council as provided in § 30.89 of this Code.

Subchapter 6. Transportation Uniform Mitigation Fee

[Ord. 1786, 11-2-2022]

The City Council finds and determines as follows:

(A) The city is a member agency of the Coachella Valley Association of Governments ("CVAG"), a joint powers agency consisting of public agencies situated in the Coachella Valley (collectively, "member agencies").

(B) Acting in concert, the member agencies developed a plan whereby the shortfall in funds needed to enlarge the capacity of the regional system of highways and arterials within CVAG's jurisdiction (the "regional system") could be made up in part by a transportation uniform mitigation fee ("TUMF") imposed on future residential, commercial and industrial development within the jurisdiction.

(C) That CVAG commissioned the preparation of various studies ("fee studies") which evaluate population and employment growth, future transportation needs and the availability of traditional transportation funding sources to establish updated TUMF levels and program revenue collection targets.

(D) That the fee studies, as periodically updated, make it possible to determine a reasonable relationship between the cumulative regional impacts of new land development projects in the Coachella Valley on the regional system and the need to mitigate these transportation impacts using funds levied through the TUMF program.

(E) That the fee studies, as periodically updated, establish the purposes of the TUMF, which may be summarized as a uniform development impact fee to help fund construction of the regional system needed to accommodate growth in the Coachella Valley to the year 2030.

(F) That the fee studies, as periodically updated, establish that the TUMF proceeds will be used to help pay for the engineering, construction and acquisition of the regional system improvements identified therein. Such improvements are necessary for the safety, health and welfare of the residential and non-residential users of the development projects on which the TUMF will be levied.

(G) That the fee studies, as periodically updated, establish a reasonable and rational relationship between the use of the TUMF proceeds and the type of development projects on which the TUMF is imposed.

(H) That the fee studies, as periodically updated, establish the reasonable relationship between the impact of new development and the need for the TUMF.

(I) That the TUMF program revenues to be generated by new development will not exceed the total fair share of these costs.

(J) That the projects and methodology identified in the fee studies, as periodically updated, for the collection of fees is consistent with the goals, policies, objectives and implementation measures of the city's General Plan.

(K) That the TUMF program complies with the provisions of the Mitigation Fee Act.

[Ord. 1786, 11-2-2022]

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them as follows.

CHANGE OF USE

Any change in the use of an existing building that results in the increase of vehicular trips.

DEVELOPMENT

Any activity which requires discretionary or ministerial action by the city resulting in the issuance of grading, building, plumbing, mechanical or electrical permits, or certificates of occupancy issued by the city to construct, or change the use of, a building or property. Where "development" applies to an enlargement of an existing building, or a change of use of an existing building that results in increased vehicle trips, the average weekday trips shall be only the additional trips in excess of those associated with the existing use.

FEE STUDY

The studies prepared by CVAG and adopted by the City Council, which supports the fee established by this chapter, and includes all the underlying reports and documents referenced therein.

IMPACT FEE SCHEDULE

The schedule of development impact fees approved by resolution of the City Council.

MITIGATION FEE ACT

The law set forth in the California Government Code (Government Code §§ 66000 et seq.) that establishes the criteria for establishing a fee as a condition of approval of a development project.

REGIONAL SYSTEM

The regional system of roads, streets and highways identified by CVAG in its 2016 Transportation Project Prioritization Study (TPPS) to accommodate growth in the Coachella Valley to the year 2040. Only those projects scoring above seven and one-half points in the TPPS are included for TUMF consideration.

TRANSPORTATION MITIGATION TRUST FUND

The fund established pursuant to this chapter.

TUMF

The Transportation Uniform Mitigation Fee established by this chapter.

[Ord. 1786, 11-2-2022]

(A) There is established a transportation uniform mitigation fee ("'TUMF"), which shall apply to new development yet to receive final discretionary approval and/or issuance of a building permit or other development right and to any reconstruction or new use of existing buildings that results in change of use and generates additional vehicular trips.

(B) The facilities to be funded by the TUMF are detailed in the fee study, which is on file with the city's Public Works Department.

(C) The TUMF is in addition to the requirements imposed by other city laws, policies or regulations relating to the construction or the financing of the construction of public improvements within subdivisions or developments.

(D) If the amount of the recommended mitigation fee is amended by CVAG pursuant to CVAG's annual review, the TUMF applied within the city limits shall be automatically adjusted and said adjustment(s) shall be administered by the City Manager or designee.

[Ord. 1786, 11-2-2022]

(A) There is established a transportation mitigation trust fund ("trust fund") into which TUMF proceeds shall be deposited.

(B) TUMF proceeds shall be imposed and collected by the city and shall be transmitted to CVAG to be placed in the trust fund. All interest or other earnings of the trust fund shall be credited to the trust fund.

(C) CVAG shall administer the trust fund in accordance with the Mitigation Fee Act.

[Ord. 1786, 11-2-2022]

(A) The method of calculating the TUMF shall be described in CVAG's Transportation Uniform Mitigation Fee Handbook, a copy of which is on file with the city's Community Development Department.

(B) The amount of the fees due shall be the amount set forth in the applicable impact fee schedule in effect at the time each fee is due. The TUMF shall be collected pursuant to the city's established procedures for the collection of development impact fees.

[Ord. 1786, 11-2-2022]

TUMF proceeds shall be solely used for the engineering, construction and acquisition of the regional system improvements identified in the fee study and any other purpose consistent with this chapter. TUMF proceeds shall not be used for regional system maintenance.

[Ord. 1786, 11-2-2022]

(A) The following developments are exempted from payment of the fee required by this chapter:

(1) Low and lower-income residential housing, including single-family homes, apartments and mobile homes built for those whose income is no more than 80% of the median income in the San Bernardino-Riverside Standard Metropolitan Statistical Area and as determined and approved by the City Council or its designee. The sales or rental price shall not exceed the affordability criteria as established under HUD Section 8 guidelines.

(B) Credit against the TUMF shall be given where a developer improves streets included within the regional system beyond the city's requirements established for on-site and off-site improvements imposed upon projects. To receive a credit, the developer shall obtain in advance an agreement with CVAG pursuant to CVAG's rules and regulations. That credit shall be an amount equal to the actual engineering and construction costs incurred at the time of the development to the extent that CVAG has included those costs in its estimated cost of constructing the regional system.

[Ord. 1786, 11-2-2022]

(A) Any developer, who, because of the nature or type of uses proposed for a development project, contends that application of the TUMF is unconstitutional or unrelated to mitigation of the burdens of the development, may file a written appeal with the city within 90 days after imposition of the TUMF as a condition of approval or as otherwise provided by the Mitigation Fee Act.

(B) The appeal shall be heard by the CVAG Executive Committee in accordance with CVAG's established policies and procedures for conducting such matters. The decision of the Executive Committee shall be final.

[Ord. 1786, 11-2-2022]

(A) The city may impose an administrative fee in amount computed to cover the average cost to the city of processing the TUMF. The city shall establish such fee in accordance with the city's procedures for establishing service-related fees.

(B) The administrative fee authorized by this section shall be in addition to the fee imposed under § 3.44.030. The administrative fee, when collected, shall be retained by the city to recover its costs.

Subchapter 7. Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan Mitigation Fee

[Ord. 1535, 3-19-2008; Ord. 1596, 7-20-2011]

(A) Short title. This section shall be known as the "Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan Mitigation Fee Ordinance."

(B) Findings. City Council finds and determines as follows:

(1) In order to realize the goals and objectives of the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan ("MSHCP") and to mitigate the impacts caused by new development in the city, lands supporting species covered by the MSHCP must be acquired, monitored and managed in order to achieve habitat conservation in perpetuity.

(2) The local development mitigation fee (the "fee") is necessary in order to supplement the financing of the acquisition of lands supporting species covered by the MSHCP and related public services, and to pay for new development's fair share of the cost of acquisition and perpetual conservation.

(3) The appropriate source of funding for the costs associated with mitigating the impacts of new development to the natural ecosystems and covered species within the city, as identified in the MSHCP, is a fee paid for by residential, commercial and industrial development. The amount of the fee is determined by the nature and extent of the impacts from the development to the identified natural ecosystems and the relative cost of mitigating such impacts.

(4) The fee does not reflect the entire cost of the lands which need to be acquired and perpetually conserved in order to implement the MSHCP and mitigate the impact caused by new development. Additional revenues will be required from other sources. The city finds that the benefit to each development project is greater than the amount of the fee to be paid by that project.

(5) The use of the fee is apportioned relative to the type and extent of impacts caused by the development.

(6) The costs of funding the proper mitigation for natural ecosystems and covered species identified in the MSHCP which are impacted by new development are apportioned relative to the type and extent of impacts caused by the development.

(7) The facts and evidence provided to and considered by the City Council establish that there is a reasonable relationship between the need for acquiring and conserving in perpetuity the natural ecosystems and covered species identified in the MSHCP, and the impacts to such natural ecosystems and species created by the types of development on which the fee will be imposed; and that there is a reasonable relationship between the fee's use and the types of development for which the fee is charged. This reasonable relationship is described in more detail in the mitigation fee nexus report.

(8) The fees collected pursuant to this section are reasonable and will not exceed the estimated total cost of the acquisition and perpetual conservation of the lands necessary to protect natural ecosystems and covered species, the plan and schedules for which are set forth in the MSHCP. Conservation of the land shall require monitoring and management beyond the life of the MSHCP permit.

(9) The fee shall be used to finance the acquisition and perpetual conservation of lands and certain improvements necessary to implement the goals and objectives of the MSHCP.

(C) Administrative responsibility. The Building and Safety Division of the Community Development Department of the city shall be responsible for the administration of this section. Detailed administrative procedures concerning the implementation of this section may be established and set forth in a resolution adopted by the City Council.

(D) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CERTIFICATE OF OCCUPANCY

A certificate of occupancy issued by the city in accordance with all applicable ordinances, regulations, and rules of the city and state law.

CITY

The City of Indio, California.

CITY COUNCIL

The City Council of the City of Indio, California.

COMMISSION

The Coachella Valley Conservation Commission, the governing body established pursuant to the MSHCP that is delegated the authority to oversee and implement the provisions of the MSHCP.

CONSERVATION

All the actions necessary for the permanent protection of species, natural communities and habitat land as required of the Coachella Valley Conservation Commission under the MSHCP including land acquisition, land management, biological monitoring, law enforcement and administration.

CONSERVATION AREAS

The same meaning and intent as such term is defined and utilized in the MSHCP.

CREDIT

A credit allowed pursuant to division (L) of this section, which may be applied against the fee paid.

FEE

The local development mitigation fee adopted pursuant to the Mitigation Fee Act, Cal. Gov. Code §§ 66000 et seq.

FINAL INSPECTION

A final inspection of a project as defined by the building codes of the city.

GROSS ACREAGE

The total property area as shown on a land division map of record, or described through a recorded legal description of the property. This area shall be bounded by road right-of-way and/or legal property lines.

LOCAL DEVELOPMENT MITIGATION FEE or FEE

The development impact fee imposed pursuant to the provisions of this section.

MULTIPLE SPECIES HABITAT CONSERVATION PLAN or MSHCP

The Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan, adopted by the City Council on October 17, 2007.

ORDINANCE

Ordinance No. 1596 of the City of Indio, California.

PROJECT

Any project undertaken pursuant to the issuance of a building permit or any other approval, ministerial or discretionary development permit, by the city as required by the applicable ordinances, regulations, and rules of the city and state law. Projects undertaken by or on behalf of the city are subject to the fee.

PROJECT AREA

The area, measured in acres, from the adjacent road right-of-way line to the limits of project improvements. "Project area" includes all project improvements and areas that are disturbed as a result of the project improvements on an owner's gross acreage, including all areas depicted on the forms required to be submitted to the city pursuant to this section and/or other applicable development ordinance or regulation of the city.

RESIDENTIAL UNIT

A building or portion thereof used by one family and containing but one kitchen, which unit is designed or occupied for residential purposes, including a single-family dwelling, a unit within a multiple-family dwelling, and mobile homes on permanent foundations, but not including hotels and motels.

REVENUE or REVENUES

Any funds received by the city on behalf of the Commission pursuant to the provisions of this section for the purpose of defraying all or a portion of the cost of acquiring and perpetually conserving vegetation communities and natural areas within the city and the region which are known to support threatened, endangered or key sensitive populations of plant and wildlife species.

(E) Local development mitigation fee.

(1) To assist in providing revenue for the conservation of lands necessary to implement the MSHCP, the fee shall be paid for each project, or portion thereof, to be constructed within the city. Five categories of the fee are defined and include:

(a) Residential units, density less than 8.0 dwelling units per acre;

(b) Residential units, density between 8.1 and 14.0 dwelling units per acre;

(c) Residential units, density greater than 14.1 dwelling units per acre;

(d) Commercial acreage; and

(e) Industrial acreage.

(2) Because there can be mixed traditional commercial, industrial and residential uses within the same project, for fee assessment purposes only, the fee which is applicable to commercial or industrial projects shall be calculated by reference to the project area of each parcel upon which the commercial or industrial portions shall be sited. If the mixed use includes residential units, the fee applicable to the parcels upon which residential units are to be sited shall be calculated by reference to the appropriate residential fee category. If the mixed use occurs on the same parcel, the fee which is applicable to commercial or industrial projects shall be calculated by reference to the project area of the parcel. A fee schedule which contains the fee which is applicable to each of the five fee categories shall be adopted and may, from time to time, be amended by resolution ("resolution").

(3) The amount of the fee required to be paid for a commercial or industrial project shall be based on the project area, as calculated by city staff based on the subdivision map, plot plan, and/or other information submitted to or required by the city.

(F) Imposition of the local development mitigation fee. Notwithstanding any other provision of the city's Municipal Code, no permit shall be issued for any project except upon the condition that the fee applicable to such project has been paid in accordance with the provisions of this section.

(G) Payment of local development mitigation fee.

(1) The fee shall be paid in full prior to the issuance of a certificate of occupancy for the project.

(2) The fee shall be assessed one time per lot or parcel, except in cases of the construction of additional residential units, subsequent development of portions of a commercial or industrial parcel for which the fee was not originally collected, or changes in land use. The additional fee required to be paid in the case of such exceptions shall not include the amount of any previously paid fee for that parcel. No refunds shall be provided for changes in land use to a lower fee category. It shall be the responsibility of the applicant to provide documentation of any previously paid fee.

(3) The fee required to be paid under this section shall be the fee in effect at the time of payment.

(4) Notwithstanding anything in the city's Municipal Code, or any other written documentation to the contrary, the fee shall be paid whether or not the project is subject to conditions of approval by the city.

(5) If all or part of the project is sold prior to payment of the fee, the project shall continue to be subject to the requirement to pay the fee as provided herein.

(6) For projects which the city does not require a permit, final inspection or issuance of a certificate of occupancy, the fee shall be paid prior to any use or occupancy.

(7) For purposes of this section, congregate care residential facilities and recreational vehicle parks shall pay the commercial acreage fee.

(H) Refunds.

(1) Except as provided in division (2) below, there shall be no refund of all or part of any fee paid under this section, except in cases of overpayment or miscalculation of the applicable fee.

(2) Collection of the fee associated with the Fringe-toed Lizard Habitat Conservation Plan (FTL HCP) ceased upon issuance of the MSHCP permit. Projects that paid the FTL HCP fee are required to pay the Local development mitigation fee but may obtain a refund of the FTL HCP fee from the Commission. Refunds shall be granted subject to the rules and regulations established by the Commission.

(I) Collection, accounting and disbursement of local development mitigation fees.

(1) Subject to the provisions of this section, all fees collected pursuant to this section shall be collected, administered and remitted for deposit on a monthly basis into the account established therefore, to the Commission in compliance with all applicable policies and procedures of the Commission. The fees will be expended solely for the purpose of conservation of the vegetation communities and natural areas within the city and the region which support species covered in the MSHCP in accordance with the plan and schedules set out in the MSHCP and the policies that have or may be adopted pursuant thereto.

(2) The city may recover the costs of administering the provisions of this section using the revenues generated by the fees, in an amount and subject to the rules and regulations established by the Commission.

(J) Automatic annual fee adjustment. The fee established by this section shall be revised annually by means of an automatic adjustment at the beginning of each fiscal year based on the average percentage change over the previous calendar year set forth in the Consumer Price Index for "All Urban Consumers" in the Los Angeles-Anaheim-Riverside Area, measured as of the month of December in the calendar year which ends in the previous fiscal year. The first fee adjustment shall not be made prior to a minimum of ten months subsequent to the effective date of this section.

(K) Exemptions. The following types of construction shall be exempt from the provisions of this section:

(1) Reconstruction of a residential unit or commercial or industrial building damaged or destroyed by fire or other natural causes.

(2) Rehabilitation or remodeling to an existing residential unit, commercial or industrial building, and additions to an existing residential unit or commercial or industrial building.

(3) Secondary residential units, constructed on residential property and meeting all state and city requirements for such units.

(4) Existing improvements that are converted from an existing permitted use to a different permitted use, provided that no additional area of the property is disturbed as a result of such conversion.

(5) Projects for which the city is restrained by law from collecting the fee due to a development agreement or vested tentative map entered into with or issued by the city prior to October 1, 2008.

(6) Construction of a single-family residential unit upon property wherein a mobile-home, installed pursuant to an installation permit, was previously located prior to the effect date of this section.

(7) Guest dwellings constructed on residential property previously developed with a single-family dwelling.

(8) Additional single family residential units located on the same parcel pursuant to the provisions of any agricultural zoning classifications set forth in the Unified Development Code.

(9) Kennels and catteries established in connection with an existing single-family residential unit and as defined in the Unified Development Code.

(10) Projects are exempt from paying the fee provided they meet each of the following three conditions:

(a) Completion of required infrastructure improvements including, but not limited to, underground utilities, exterior project area walls, streets and curbs and issuance of at least one building permit for a discrete primary structure, such as a single family home, prior to October 1, 2008 (date of MSHCP Permit Approval);

(b) Continuous construction activity since October 1, 2008 as demonstrated by issuance of a building permit for a discrete primary structure and/or a certificate of occupancy permit for a discrete primary structure in each six-month period between October 1, 2008 and April 1, 2011; and

(c) City registration of the project and proposed lots to be exempted, in accordance with CVCC procedures, by September 1, 2011.

Projects not meeting the standard exemption criteria above, that made verifiable payments, as part of a legal settlement, to specifically fund acquisition of habitat for a species listed as "endangered" under the federal Endangered Species Act are required to pay the LDMF but are eligible to receive a refund, on a pro rata per acre basis based on the actual acreage being assessed the LDMF. Any such projects and proposed lots to be exempted must be registered in accordance with CVCC procedures by September 1, 2011.

(L) Fee credits.

(1)

(a) The city may grant to owners or developers of real property, a credit against the fee that would otherwise be charged pursuant to this ordinance, for the dedication of land within a MSHCP conservation area, provided, however, that no credit shall be given unless:

1. The dedication is secured by a conservation easement acceptable to a grantee legally authorized to accept and hold such easements pursuant to Cal. Civil Code § 815.3 or pursuant to other legal instrument that ensures the area will be conserved in perpetuity;

2. The land to be dedicated is appropriate for conservation and dedication thereof is consistent with and furthers the goals of the MSHCP; and

3. The dedication and credit complies with all procedures and policies of the Commission.

(b) The amount of the credit granted shall be determined by an estimate of the fair market value of the land dedicated. Any credit granted by the city shall be given in stated dollar amounts only.

(2) An applicant for a proposed project may apply for credit to reduce the amount of the fee required to be paid prior to approval of the project.

Any credit granted and the amount of the fee to be paid shall be included as a condition of approval of the project. However, if an applicant has already received approval from the city and has not previously applied for a credit to reduce the amount of the fee required to be paid, an applicant may apply for such credit at any time prior to issuance of a grading permit for the project and any credit granted shall in that case be included as a condition of approval of the grading permit issued for the project.

Subchapter 8. Investment Committee

[Ord. 1750, 4-15-2020]

There is hereby established in the city an Investment Committee composed of the City Treasurer, Finance Director and two members of the City Council. The Council members shall be appointed by the Mayor, subject to concurrence by the Council. The Investment Committee will serve in an advisory capacity regarding investments and deposits of money deemed by the Finance Director to be available as set forth in the Investment Policy of the city. The function of the Investment Committee shall extend to the investments and deposits of the city, the various government agencies in which the city participates or is a member, and the Indio Water Authority. The Investment Committee shall meet not less than once per quarter during each fiscal year.

Subchapter 9. Purchasing

[Ord. 1294, 3-7-2001]

This subchapter defines the policies and procedures for the procurement of supplies, equipment, and services for the city, and is in conformance with the requirements of federal and state codes and regulations and city ordinance.

[Ord. 1294, 3-7-2001; Ord. 1421, 5-4-2005; Ord. 1600, 9-7-2011; Ord. 1619, 9-19-2012]

The basic purchasing policy of the city is to obtain quality supplies, services, vehicles and equipment needed for the proper operation of its various city departments and divisions at the lowest possible cost. This will be accomplished through the use of quotes and competitive bidding whenever possible. Purchasing functions are to be conducted by the Finance Department, except as provided for herein. The purchasing function shall be supervised by the Finance Director who shall be responsible for its operation and staffing. Whereas the city also administers the purchasing function for other entities: Municipal Water Department, Municipal Golf Course, the process may vary as provided within accounting procedures related to posting to Enterprise and Internal Service Funds.

(A) Ethics and standards of behavior. All purchasing functions will be conducted with absolute integrity. The very highest ethical standards will be maintained in all material activities and the city departments will remain constantly aware of its responsibilities in spending public funds. Guidelines for transacting city business are derived from the California State Government Code and the municipal code of the city. The Finance Department also subscribes to the principles and standards of purchasing practice advocated by the National Association of Purchasing Management and the California Association of Public Purchasing Officers.

(B) Local vendor purchasing preference. Local preference is the practice of procurement from certain suppliers/contractors because they are also local taxpayers. Local preference is desirable because it stimulates the local economy and encourages businesses to locate and operate locally. All orders/contracts are awarded on the basis of quality, previous performance, ability to meet the contract requirements, availability of service and parts, delivery schedule, and payment terms/discounts. When all these factors are equal except price, a preference will be given to local vendors equal to 10% of the quoted price. To be eligible for the 10% preference the vendor must certify under penalty of perjury that its primary place of business or its point of sale for more than 50% of its sales is located within the city limits. A further condition of eligibility for a preference is the local businesses having a current and active business license. Nothing in this local vendor purchasing preference shall in any way limit the application of the California Public Contract Code or California Labor Code to any city agreement.

(C) Purchasing authority. There are three levels of authority for normal purchases: Department award, City Manager award, and City Council award. Generally, authority is established by the dollar amount of the purchase. Except as permitted by below regarding "exceptions," a formal purchase order, approved by the requesting Department Director and the City Manager or designee is required for all purchases where any single item exceeds $5,000. The following procedures will apply to professional services or consultant contracts.

(1) Department award: Up to $5,000. The Department Director may authorize the purchase of supplies, equipment, or services as needed for his or her area of responsibility for purchases up to $1,000. No purchase requisition or purchase order is required. Note: Purchase orders may be issued regardless of amount when required by the vendor, or when the complexity of the contract demands a formal document for clarity.

(2) City Manager award: $5,000 to $75,000. When seeking goods or services exceeding $5,000 but not exceeding $75,000, and specific to the department's operation, the department completes a purchase requisition form and submits it, including specifications, quotes and other supporting data, to the City Manager or designee for review. After review of approved budget funds a purchase order may be issued.

(3) City Council award: over $75,000. The Council award procedures may be utilized for all purchases, contracts, or agreements of more than $75,000 as follows:

(a) Specifications and other relative data may be sent to the City Manager, or his or her authorized representative, for approval prior to the issuance of a notice inviting sealed proposals, if a bid process is required to be used.

(b) All formal bid opening dates will be at a time, date, and location specified. The City Clerk, or a designee, will publicly open and log the cost and content of bids received at the time and place specified in the notice. Bid results will be made available to all interested parties as soon as possible following the bid reading. The department responsible for the notice will prepare the agenda report for approval and submission with cost benefit justification and forward to the City Manager for review.

(c) After review by the City Manager the results of any bidding will be presented to the City Council along with recommendations regarding results and recommendation to award. The Council will declare the outcome of bids at a public session. The exemptions set out below are exemptions only as to the bid process, and do not excuse City Council approval when required.

(d) The City Manager or his designee will determine whether or not to utilize an RFQ or RFP process for professional services or consultant contracts, subject to any Council policy which may be adopted from time to time.

(4) Exceptions to standard purchasing procedures.

(a) Emergency conditions. An emergency is defined as a breakdown in machinery or equipment resulting in the interruption of an essential service, or a distinct threat to public health, safety, or welfare. In the case of an emergency requiring the immediate purchase of supplies, materials, equipment or contractual services, the City Manager may authorize the Finance Director or his or her designee to secure in the open market, at the lowest obtainable price, any supplies, materials, equipment, or contractual services required, regardless of the amount of the expenditure.

During an emergency condition, the using departments may purchase any supplies, materials, equipment, or contractual services. This may be done only after the department head has concluded that the purchase is essential to prevent delays, which may affect the life, health, or safety of citizens. The department head shall, as soon as possible, provide a completed purchase requisition to the Finance Director or his or her designee, as well as a full written explanation of the circumstances.

In the case of a disaster or for civil defense, nothing contained in this document shall limit the authority of the Director of Emergency Services (City Manager) or his or her designee to make purchases and take such other emergency steps as are, or may be, later ratified by the City Council.

(b) Limited availability/ sole source. Occasionally, required supplies, material, equipment, or services are of a proprietary nature, or are otherwise of such specific design or construction, or are specifically desired for purposes of maintaining cost effective system consistency, as to be available from only one source. After reasonable efforts to find alternative suppliers, a department head or his or her designee may dispense with the requirement of a minimum of two bids and recommend making the purchase from the sole source. All other standard approval procedures and documentation will be adhered to.

(c) Cooperative purchasing. The Finance Director or his or her designee shall have the authority to join with other public jurisdictions in cooperative purchasing agreements. The Finance Director or his or her designee may also buy directly from a vendor at a price established by competitive bidding by another public jurisdiction in substantial compliance with this policy, even if the city has not joined with that public agency in a formal agreement. The Finance Director or his or her designee may also purchase from the United States of America or any state, municipality or other public corporation or agency without following formal purchasing procedures as defined in this policy.

(d) Two-bid minimum. A two-bid minimum is established to guide purchases. If only one bid is obtained, the initiating city department shall consult with the City Manager and may exercise the option to extend the bid period up to 30 days, without opening the submitted bid, to allow for additional bids. If the determination is made to open the sole original bid, or if no additional bids are received during the bid extension, the department head may:

1. Re-advertise;

2. Order the work done by city employees;

3. Award the contract to the sole bidder based on a cost analysis evidencing the relationship of the one bid to expected market price; or

4. Negotiate a contract to the best advantage of the city.

(e) Record keeping. The Finance Department is responsible for maintenance of purchasing records. During the course of a contract the initialing department will maintain records. At the conclusion of the contract, the original bids, specifications, and other pertinent data will be forwarded, along with the request for final payment, to the Finance Department. These records will be maintained in the accounts payable (A/P) files indefinitely, or as prescribed by law.

(f) Purchases of artwork. A purchase of public art pursuant to the Art in Public Places Program is not subject to bidding and shall be made by the appropriate purchasing authority as set forth in § 33.116(C).

[Ord. 1294, 3-7-2001; Ord. 1569, 3-17-2010]

(A) Requisition. When a purchase order is required, the request shall be completed, budgeted funds checked and certified and forwarded to the Department Director for approval. The requisition must contain sufficient information to insure acquisition of the correct item(s). Requests that will put an account over-budget must be accompanied by a request for supplemental funds or transfer of funds so the proposed account will have sufficient funds for the purchase. The Finance Director may allow a budget over-ride as long as such action would not put the fund over-budget when reasonably projected to the end of the fiscal year. Requisitions will not be made utilizing accounts that are unrelated to the type of item or service being purchased. Original quotes or bids, specifications, and other documentation are to accompany the request.

(B) Request for proposal (RFP)/request for qualifications (RFQ). The RFP/RFQ defines, in detail, the terms, conditions, and specifications of goods or services required by the city. An RFQ is primarily intended for professional services. An RFP is primarily intended for large, complex, projects where cost and performance are equally important. The RFP/RFQ may be utilized for smaller projects as well. The RFP/RFQ will be used whenever the acquisition of goods or services is multi-faceted and carries a high possibility of liability for the city. Generally, the RFQ/RFP is not applicable to purchases below the City Manager award level of $1,000.

(C) Notice inviting sealed proposals. The notice inviting sealed proposals is prepared by the initiating department and is formal notification, through posting and advertisement by the City Clerk, that goods or services are being solicited by the city. This gives widespread exposure to the city's needs, expanding the vendor base, and fulfills the legal responsibility of giving fair access to supplying the city's needs. The notice must contain sufficient information to define the work and other details to the reader, and the date and time at which the bids will be publicly opened and read. If expanded documentation is available, the notice must indicate the cost, if any, plus the procedures for acquiring such documents.

(D) Contract-out vs in-house. The city may, at the direction of the City Manager and the City Council, elect to have certain public works projects performed by city employees. Generally, the decision to perform a public works project "in-house" is based on the following four factors:

(1) A lack of available outside sources for the type of work to be done;

(2) The assurance that the needs of the city will best be served both technically and financially;

(3) Work will be performed within the time-frame normally associated with outside contracting; and

(4) City staff needs to be trained and qualified to perform the work in the event an emergency response may be required.

(E) Purchase order. The purchase order number is generated by the Finance Department upon final approval and acceptance of the purchase requisition. Upon completion of the purchase order, the Finance Department will distribute copies to the ordering department, purchasing file, and the vendor/contractor. It is the responsibility of the initiating department to return to the Finance Department the tracking copy plus packing/delivery slips associated with receipt of the item purchased.

(F) Open purchase order. Open purchase orders are entered into with vendors that are expected to supply products or services to the city on an ongoing and/or regular basis throughout the year. Open purchase orders are closed at the conclusion of each fiscal year. The new year's open purchase order group is determined by the Finance Department, utilizing the previous year's open purchase orders, and adding or deleting vendors based on division input and current needs. A list of vendors having open purchase orders with the city shall be distributed to each department at the beginning of each fiscal year.

(G) Amendment to purchase order (change order). It is sometimes necessary to change a purchase order after it has been issued. The three most common changes are monetary, time extension, and scope of work. Only the City Manager may approve a formal change to an existing purchase order. The requesting department must complete an internal memorandum citing the nature of the change order and submit it, with appropriate documentation, to the City Manager or designee for approval. Upon approval, the requesting department and vendor will receive an amended purchase order reflecting the change(s).

(H) Credit card purchase. All purchases using a city-issued credit card shall take place in strict accord with the “City of Indio Procurement Card Guidelines” as adopted and amended from time to time by resolution of the City Council.

(I) Petty cash. The high cost of payment processing makes it imperative that small-dollar purchases be made by cash. The exception is when the vendor is heavily patronized by the city and the vendor is willing to establish a credit account with the city. Each department has access to a petty cash fund and should use it for minor purchases of up to $30 when buying from uncommon sources or vendors unwilling to establish a credit account with the city. Each department should submit their petty cash expenditures for reimbursement monthly. The Finance Department periodically audits the petty cash fund.

(J) Receiving of goods/equipment.

(1) Inspection and testing. All goods procured by the city shall be subject to inspection and/or testing upon receipt or completion by the department receiving the product to assure conformance with the specifications set forth in the order. If a product fails to meet specifications, it shall be identified as "on hold pending rejection," and a written report of the findings shall be forwarded to the Finance Department. If a product is determined to be unusable, it shall be rejected and returned to the vendor as the vendor directs, and at their expense, for credit or replacement. Items found not to specifications, but of limited usability, may be conditionally accepted but only after re-negotiation of the original contract. A department head or his or her designee shall have the authority to require chemical and physical tests or any other tests deemed necessary to assure full compliance with the specifications.

(2) Acceptance. When goods have been received or a project has been completed to the satisfaction of the ordering department and the specifications, the packing slip and/or other completion documentation shall be signed-off by the receiver/inspector. Information to be noted on the documents must include, as a minimum, the acceptor's signature and a legible rendering of their name and the date of receipt/completion. Any deviation from the exact ordering specifications must be noted on the receiving/acceptance documents.

[Ord. 1294, 3-7-2001; Ord. 1303, 11-7-2001]

(A) Each department head, as defined in this code, or management level designee, shall certify each check or warrant request prior to submission to the Finance Department. Such certification shall include the following language:

I hereby certify under penalty of perjury that to the best of my knowledge, the goods and services ordered or reflected herein have been duly received or rendered satisfactory; or that payment is authorized in advance of receipt of goods or services; accordingly I hereby certify that payment may be made to vendor names hereon and that the expenditure/disbursement hereby requested is authorized with appropriate and available budgetary authority. (To be placed onto city purchasing requisitions and/or purchase orders)

(B) The Finance Director shall establish a schedule for the issuance of checks/warrants. In general terms, checks shall be issued on a weekly basis, and reported to the City Council as an information item on at the next regular meeting.

(C) Recognizing the “pre-issue” checks/warrants represent a departure from the established internal control system, and that such requests are more costly to process than check/warrants on the normal demand warrant register, “pre-issued” checks/warrants shall be approved only on an urgency basis or as otherwise determined by the City Finance Director. Approval for “pre-issue” checks/warrants shall require the approval of the department head or designee, the Director of Finance and the City Manager.

(D) “Pre-issued” checks/warrants may be issued for the following purposes:

(1) Travel advances;

(2) Payroll related trust benefit premiums;

(3) Insurance payments;

(4) Purchases that otherwise adversely impact the health/safety of the community if otherwise not paid at the next scheduled weekly check run; and

(5) Purchases as determined on a case-by-case basis by the City Manager.

[Ord. 1294, 3-7-2001]

BID

Written offer, more formal than a quote, to furnish supplies, equipment, vehicles, services in conformity with the specifications, delivery terms, and conditions required at a guaranteed maximum cost.

BID SECURITY

On council award procedures, except materials and supplies contracts, each bidder shall be required to submit, with the bid, either by cash, cashier's check, certified check, or surety bond, an amount not to exceed 10% of the aggregate amount of the bid. This requirement may be waived by the City Manager, on a case-by-case basis, prior to initiation of the bid.

CONTINUING PERFORMANCE

A continuing activity or service, which extends over a period of time not involving solely the delivery of goods or materials.

LABOR AND MATERIALS GUARANTEE

All contractors in "continuing performance" service on contracts over $25,000, and all public works project contracts over $5,000, are required to submit a labor and materials bond, letter of credit, or cash deposit equivalent to 50% of the contract within 10 working days following award of the contract, unless specifically exempted or modified by the City Manager or City Attorney.

LANDSCAPE MAINTENANCE GUARANTEE

All landscape contractors in "continuing performance" service on contracts over $25,000 are required to submit a landscape maintenance bond, letter of credit, or cash deposit equivalent to 50% of the contract within 10 working days following award of the contract, guaranteeing landscape maintenance for a minimum of 30 days after installation, unless specifically exempted or modified by the City Manager or City Attorney.

LOWEST RESPONSIBLE BIDDER

A bidder who, in addition to lowest price, is financially responsible and possesses the resources, judgment, skills, ability, capacity, and integrity necessary to perform the contract according to its terms.

MATERIALS

Basic ingredients in a relatively raw, unrefined, or unmanufactured state, that may be worked into a more finished form (e.g., sand, wood, asphalt).

PERFORMANCE GUARANTEE

All contractors in "continuing performance" service on contracts over $25,000, and all public works project contracts over $5,000, are required to submit a performance bond, letter of credit, or cash deposit equivalent to 100% of the Contract within 10 working days following award of the Contract, unless specifically exempted or modified by the City Manager or City Attorney.

PREVAILING WAGE

Payment of prevailing wages established by City Council shall be required on all publicly funded public works contracts of $5,000 or more. When a contract requires this, notification will be included in the call to bid.

PROFESSIONAL SERVICES

Professional or specialized services such as, but not limited to, those rendered by architects, attorneys, engineers, technicians, etc.

PROPERTY DAMAGE INSURANCE

All contractors engaged in service on city property are required to maintain minimum property damage insurance of $1,000,000 for each occurrence naming the city as additional insured. Certain high-risk activities require higher limits.

PUBLIC LIABILITY INSURANCE

All contractors engaged in service on city property are required to maintain minimum public liability insurance of $1,000,000 for each occurrence naming the city as additional insured. Certain high-risk activities require higher limits.

PUBLIC WORKS PROJECT

Specific planned undertaking for the creation, improvement and/or repair of buildings and works, including parks; for the construction and installation of streets and sewers; for the general benefit of the citizenry (e.g., street lights, drains, etc.). Part of an approved Capital Improvement Project (CIP).

QUOTE

Verbal or written promise from the vendor/contractor guaranteeing the cost of specific goods, supplies, or services.

SUPPLIES

Goods in a manufactured state kept in the ordinary course of business for regular use or consumption (e.g., pencils, light bulbs, street signs).

WORKER’S COMPENSATION INSURANCE

All contractors engaged in service on behalf of the city are required to maintain "worker’s compensation insurance" in accordance with the provisions of the state contractor's licensing laws.

[Ord. 1294, 3-7-2001]

Except in case of emergency, the Finance Department shall not issue any order for delivery on a contract or open market purchase until the Department Director and Finance Director certify that there is, to the credit of the department, commissions, boards and employees of the city concerned, a sufficient unencumbered appropriation balance in excess of all unpaid obligations, to defray the cost of the order.

[1]

Editor's Note: Former § 3.123, Declaration and sale of surplus or obsolete equipment (Ord. 1294, 3-7-2001), was repealed by Ord. No. 1823, 10-1-2025. See now Ch. 33, Subchapter 11, Disposal of Surplus City Property, §§ 33.300 through 33.316.

[Ord. 1555, 4-1-2009]

(A) Informal bidding on public projects and maintenance. The city may let any "public project" or "maintenance work," as those terms are defined by the Uniform Public Construction Cost Accounting Act codified at Cal. Pub. Cont. Code §§ 22000 et seq., to contract in accord with informal bidding procedures provided that the project or work has an aggregate cost estimate of $125,000 or less. Further, upon a 4/5 vote of the City Council determining that a city cost estimate was reasonable, the city may award a contract in an instance when all informal bids gathered by the city exceed $125,000 but there exists a lowest responsible bidder with a bid of $137,500 or less. To the extent that the State Controller may modify the monetary limits prescribed by the Uniform Public Construction Cost Accounting Act for informal bidding, such modifications shall supersede the limits specified herein.

(B) Contractors list. Each City Department shall develop and maintain a list of qualified contractors, identified according to categories of work, who may informally bid public projects and maintenance work. Criteria for the city's development and maintenance of this list shall be in accord with all applicable determinations by the California Uniform Construction Cost Accounting Commission. The city may also include on its list any contractor who submitted a valid informal bid as to one or more public project or instance of maintenance work during the preceding year, per an exercise of discretion by the Public Works Director or his/her designee.

(C) Updating the contractors list. City Department shall mail written notice to construction journals inviting licensed contractors to submit qualifications that may support their inclusion by the city on the list of qualified contractors that will be authorized to informally bid public projects and maintenance work for the following year.

(D) Notices to contractors re individual public projects and maintenance work. Not less than ten calendar days before date when informal bids are due, the city shall mail all contractors on its list for the category of work being bid, together with all construction trade journals identified for receipt of notices by the California Uniform Construction Cost Accounting Commission, a written notice inviting informal bids. Beyond this standard notice to be issued, within the discretion of the City Department soliciting informal bids, additional contractors and/or construction trade journals may be issued notice. The notice requirement of this provision shall apply to each public project or instance of maintenance work let to informal bid unless a product or service is proprietary. If the product of service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors. Finally, if within the reasonable discretion of the City Manager or his/her designee, no list of qualified contractors maintained by the city for the particular category of work to be performed exists, the notice inviting informal bids shall be sent only to construction trade journals identified for receipt of notices by the California Uniform Construction Cost Accounting Commission.

(E) Content of notices. The notice shall describe the public project or maintenance work in general terms, and state how an interested contractor may obtain more detailed information. The notice shall also state the time and place for the submission of bids, indicate the city's license requirements, and provide a city contact name and mailing address.

(F) Award of informal contracts. The City Council hereby delegates the authority to award informal contracts to the City Manager or his/her designee.

Subchapter 10. Industrial Development Authority

[Ord. 1750, 4-15-2020]

(A) Findings. The City Council finds and declares that there exists in the city a need to assist industry in the financing of capital outlays required to acquire, construct or rehabilitate facilities in order to increase employment opportunities and to contribute to economic development in the city.

(B) Need for an Authority. The City Council further finds and declares that there is a need for an industrial development authority of the city in order to assist in providing industry in the city with an alternative method of financing in acquiring, constructing or rehabilitating facilities in accordance with provisions of the California Industrial Development Financing Act, being Cal. Gov't Code §§ 91500 et seq. (i.e., "the Act").

(C) Establishment. The Industrial Development Authority of the city established by the Act referred to in division (B) herein is declared organized under the name of "Industrial Development Authority of the City of Indio" and shall function under and in accordance with the provisions of the Act.

(D) Construction of provisions. The provisions of this subchapter, being necessary for the welfare of the city and its inhabitants, shall be liberally construed to effect its purposes.

(E) Recodification. The Industrial Development Authority was established by Ordinance No. 882 adopted by the City Council on November 2, 1983. Accordingly, this § 33.200 is a recodification of existing law and not a new enactment.

Subchapter 11. Disposal of Surplus City Property

[Ord. No. 1823, 10-1-2025]

Sections 33.300 through 33.316 ("Disposal of Surplus City Property Ordinance") establish uniform procedures for the disposition of City-owned real and personal property that the City determines to be surplus and unnecessary for municipal purposes. Its objectives are to promote transparency, fairness, and compliance with all applicable laws, including the California Surplus Land Act ("SLA"; Government Code §§ 54220 through 54234).

[Ord. No. 1823, 10-1-2025]

(A) Real property. Sections 33.302 through 33.310 govern the disposal of any fee, leasehold, or other interest in City-owned real property, unless exempted by Section 33.310.

(B) Personal property. Sections 33.311 through 33.315 govern the disposal of City-owned materials, supplies, equipment, vehicles, tools, and all other tangible personal property.

(C) If a provision of this subchapter conflicts with mandatory requirements of state or federal law, the latter shall control, and the remainder of this subchapter shall continue in full force.

[Ord. No. 1823, 10-1-2025]

(A) Each City department shall report to the City Manager any real property under its control that is unused, underutilized, or otherwise excess to the Department's foreseeable needs.

(B) The City Manager shall evaluate each submittal and, if the property is not required for any present or reasonably anticipated municipal use, shall recommend to the City Council that the property be declared surplus.

(C) If the City Council determines that the property shall be declared surplus, then the City Manager shall take such actions as may be required to comply with all applicable requirements of the SLA.

[Ord. No. 1823, 10-1-2025]

(A) Competitive process. Unless waived under Subsection (C), disposal shall occur through a publicly advertised request for proposals/qualifications ("RFP/RFQ") or sealed-bid auction.

(B) Requirements.

(1) All offers shall be in writing; oral bids are not permitted.

(2) A bid deposit equal to ten percent (10%) of the offered purchase price, not to exceed $50,000 shall accompany each proposal, unless the City Council waives the requirement or sets a different amount in the solicitation.

(C) Exclusive Negotiating Agreement (ENA). The City Council may forgo the competitive process above in Subsection (A) and authorize an ENA when it finds that the transaction will advance a significant public benefit, including, but not limited to, economic development or affordable housing.

[Ord. No. 1823, 10-1-2025]

Written proposals shall be evaluated using criteria stated in the solicitation, which may include:

(A) Net financial return or consideration to the City;

(B) Proposer's financial capacity and development track record;

(C) Consistency with the General Plan, specific plans, and Council-adopted strategic documents;

(D) Schedule for completion and phasing;

(E) Provision of community benefits, including the number and depth of affordable-housing units, public amenities, or infrastructure improvements.

[Ord. No. 1823, 10-1-2025]

The City Council shall approve all final conveyances by resolution at a noticed public meeting.

[Ord. No. 1823, 10-1-2025]

(A) The City Manager is authorized to:

(1) Issue solicitations and administer the competitive process;

(2) Enter into interim agreements (e.g., ENAs) consistent with Council direction;

(3) Execute any documents necessary to complete the disposition after Council approval.

(B) The City Attorney shall approve the form of all conveyance instruments.

[Ord. No. 1823, 10-1-2025]

The City may negotiate directly with an adjacent owner or designated master developer when:

(A) The parcels are intended to be planned or developed under a unified concept approved by the City; and

(B) The Council finds that a unified disposition will further long-term planning or economic-development goals.

[Ord. No. 1823, 10-1-2025]

(A) Deposits shall be in the form of a cashier's check, surety bond, or other security acceptable to the City.

(B) Deposits are refundable, without interest, to unsuccessful proposers.

(C) The deposit of the successful proposer shall be credited to the purchase price or, if the proposer fails to perform, forfeited to the City.

[Ord. No. 1823, 10-1-2025]

This subchapter does not apply to:

(A) Transfers to another public agency for continued public use;

(B) Conveyances required by settlement agreement, court order, or eminent-domain proceeding;

(C) Easements, licenses, or rights-of-entry that do not convey a fee or long-term leasehold interest;

(D) Temporary or revocable permits;

(E) "Uneconomic remnants," land-locked parcels, or properties that, due to legal or physical constraints, have no independent development potential, provided the Council approves a negotiated conveyance to an adjacent owner.

[Ord. No. 1823, 10-1-2025]

(A) When any department determines that City-owned personal property is obsolete, unusable, or no longer required for its operations, the department shall notify the Finance Director and transfer custody of the item(s) to the Finance Department.

(B) The Finance Director, after confirming that no other City department has a foreseeable need for the property, shall declare the item(s) surplus personal property and assign an estimated fair-market value.

[Ord. No. 1823, 10-1-2025]

(A) Competitive sale. Surplus personal property with an estimated aggregate value greater than twenty-five thousand dollars ($25,000) shall be sold by one of the following methods:

(1) Public auction (in-person or online);

(2) Sealed written bids; or

(3) Publicly advertised internet marketplace approved by the Finance Director.

(B) Direct sale, trade-in, recycling, or donation. If the estimated aggregate value is thirty-five thousand dollars ($35,000) or less, the Finance Director may:

(1) Arrange a negotiated sale to the general public;

(2) Accept a trade-in allowance on a replacement purchase;

(3) Recycle or salvage the item; or

(4) Donate the item to a recognized nonprofit organization or public agency.

(C) All sales are "as-is, where-is" with no City warranty, and payment shall be by cash, cashier's check, credit card, or other form acceptable to the Finance Director.

[Ord. No. 1823, 10-1-2025]

The Finance Director may complete any disposal authorized by Section 33.312 without further action unless the estimated aggregate value exceeds seventy-five thousand dollars ($75,000), in which case City Council approval by resolution is required before final sale or donation.

[Ord. No. 1823, 10-1-2025]

(A) Proceeds from the disposal of surplus personal property shall be deposited into the appropriate City fund or account, as determined by the Finance Director.

(B) The Finance Department shall maintain a public file for each disposal that includes the declaration of surplus, valuation methodology, method of sale, and final disposition of proceeds or property.

[Ord. No. 1823, 10-1-2025]

This subchapter does not apply to:

(A) Consumable supplies sold as scrap or recycling with deminimis value (less than $1,000 per lot);

(B) Trade-in of police, fire, or public-works equipment when authorized as part of a new-equipment purchase approved by the City Council;

(C) Destruction of items that pose a public-safety risk (e.g., contaminated gear) when certified by the appropriate department head and approved by the Finance Director.

[Ord. No. 1823, 10-1-2025]

If any provision of this subchapter is held invalid, the remaining provisions shall continue in full force and effect.