Rancho Mirage Municipal Code § 13.04.090 Generally

A. This article is intended to reimburse the city of Rancho Mirage and the Rancho Mirage Redevelopment Agency for the actual costs incurred by them in the construction of drainage facilities for the removal of surface and stormwaters from that portion of the Magnesia Falls Drainage Area lying generally between the east and west Magnesia Falls Flood Control Facilities.

B. The Magnesia Falls Drainage Area is more particularly described in the drainage fee report prepared by the Rancho Mirage Redevelopment Agency for the city, a copy of which is on file with the city clerk and by this reference is incorporated in this article.

C. The plans and specifications for the facilities constructed in the drainage area are contained in the offices of the city engineer.

(Ord. 338 § 1, 1986)

The city council finds and determines that:

A. The subdivision or development of property within the Magnesia Falls Drainage Area will require the construction of the facilities for the removal of surface and stormwaters in the Magnesia Falls Area as described in the report prepared by the redevelopment agency.

B. The fees to be established by resolution for these parcels of property in the drainage area will be fairly apportioned within such area upon the basis of benefits conferred upon the property proposed for subdivision or development of other property in the drainage area.

C. The fees to be established by resolution for any property proposed for subdivision or development with the drainage area will not exceed the pro rata share if the amount of the total actual costs of all facilities within such area which would be assessable on such property of such cost were apportioned uniformly on a per-acre basis.

D. The facilities planned to be constructed within the drainage area are in addition to existing facilities serving the area at the time of the adoption and approval of the report prepared by civic centers engineers.

(Ord. 338 § 4, 1986)

A map of the drainage area is on file with the city clerk and is by this reference incorporated in this article.

(Ord. 338 § 2, 1986)

The schedule of fees that may be paid upon the subdivision or development of each parcel of property in the drainage area is contained in the report for the drainage area which in on file with the city clerk. The fees contained in the report shall be adopted by separate resolution. The city shall have the right to accept any other proper and valid consideration in lieu of cash as may be determined appropriate by the city council.

(Ord. 338 § 3, 1986)

The fees fixed by resolution shall be payable on or before the approval of any final parcel or subdivision map or the issuance of any building permit for the development of property whichever shall first occur.

(Ord. 338 § 5, 1986)

In addition to the fees specified by the resolution the owner of each parcel of land in the drainage area upon which facilities are to be constructed, is required as a condition of and prior to the construction of such facilities, to dedicate, without cost to the city, any and all easements and rights-of-way required for the construction and maintenance of such facilities. If the required easements and rights-of-way are not dedicated without cost to the city, any and all costs incurred by the city in acquisition of such rights-of-way shall be added to the drainage fees established in the report for each such parcel of land.

(Ord. 338 § 6, 1986)

All fees collected by the city pursuant to this resolution, shall be deposited into Drainage Area No. 3 Planned Local Drainage Fund, which fund is created in the city treasury. Moneys in such fund shall be expended solely for the reimbursement of the city for the cost of construction of such facilities within Drainage Area No. 3.

(Ord. 338 § 7, 1986)

Any surplus remaining in Drainage Area No. 3 Planned Local Drainage fund, after the city has been reimbursed for the cost of construction of the facilities in Drainage Area No. 3 shall be disposed of provided by law.

(Ord. 338 § 8, 1986)