Tulare Municipal Code Ch. 8.60 Benefit Districts

(A) In the event that storm drain facilities or street improvements approved by the city are installed by the city, or by an applicant, which serve properties other than theirs and for which benefit districts are to be established by provisions of this code, the City Engineer shall establish a benefit district to collect appropriate fees from those other benefiting properties, and refund the fees to the city or applicant as may be applicable.

(B) However, if an applicant installed the improvements, the establishment of the benefit district shall subject to the following conditions:

(1) Within 90 days following the notice of completion of the main, the applicant shall file with the City Engineer a financial statement, in the form specified by the City Engineer, stating the cost (excluding any anticipated city reimbursement) of the installation of the improvements.

(2) Actual costs shall be limited to engineering, applicable fees paid to the city, county, state, contractor, surety bonding company, and for staking, compaction tests and interest as defined in § 8.60.040 below.

(3) If the financial statement is not filed within this time period, the applicant shall not be eligible for any reimbursements under this chapter. The benefit district shall remain active for 20 years from the notice of completion of the improvements, or until the applicant has been fully reimbursed, whichever comes first. Payments shall be made annually in July, or as soon thereafter as practical

(1995 Code, § 8.60.010) (Ord. 06-2026, passed - -2006)

When the applicable authority finds it necessary to install storm drain or street improvements for which a benefit district is to be created, the authority shall delineate the area which may be served by the facility or improvement and thereby be benefited. The area to exclude existing streets, highways and public ways and shall be based solely on property frontage at the time of the installation of the aforesaid improvement. The authority may designate such area as a benefit district where other refunding procedures are not economically feasible for an applicant and the administration of such benefit district will not result in overlapping of benefit districts or areas served by the same type of facility or improvement.

(1995 Code, § 8.60.020) (Ord. 06-2026, passed - -2006)

(A) Benefit districts shall be based on the actual cost of installation, which shall be submitted to the City Engineer for review and approval. Actual costs shall be limited to engineering, applicable fees paid to the city, county, state, contractor, surety bonding company, and for staking, compaction tests and interest as defined in § 8.60.040 of this chapter.

(B) The installing applicant shall submit to the appropriate authority the actual costs of installation within 90 calendar days of acceptance of the installation by the city. All costs are subject to review and approval by the city. Where costs are not available, the fee rate shall be established by resolution based on current costs of similar improvements.

(1995 Code, § 8.60.030) (Ord. 06-2026, passed - -2006)

Costs shall be adjusted by annual compounding with a variable interest rate until the tenth year anniversary from the date on the city's notice of completion. The interest rate used for each calendar year until the tenth anniversary shall not exceed the average annual Local Agency Investment Fund (LAIF) rate of return on City of Tulare investments from the previous calendar year. Interest for a portion of a year shall be prorated to the nearest month. Beginning with the tenth anniversary, the cost shall be fixed at its value on the tenth anniversary.

(1995 Code, § 8.60.060) (Ord. 06-2026, passed - -2006)

Any surplus of monies remaining after the applicant has been reimbursed in accordance with the applicable provisions of this code may be expended for construction or reconstruction of the facilities including raising of, facilities to grade or work for which the funds were collected.

(1995 Code, § 8.60.070)

If any section, division, paragraph, sentence, clause or phrase of this chapter is held to be unconstitutional or invalid or ineffective by any Court or tribunal of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter, or any part thereof.

(1995 Code, § 8.60.080)

Whenever the City Engineer determines it is impractical or unreasonable for an applicant to install street improvements and/or storm drainage facilities on a street frontage for which such installation would otherwise be required, the applicant shall pay to the city an in-lieu fee for their fair share of the future installation of the improvements. The fee shall be based on an estimate of the applicant's fair share of the cost of the improvements, as approved by the City Engineer.

(1995 Code, § 8.60.090) (Ord. 06-2026, passed - -2006)