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HomeMy WebLinkAbout98-030 CC ResolutionRESOLUTION NO. 98-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 5., AUTOMATIC ADJUSTMENTS IN AMOUNT OF FEES FOR DEVELOPMENT, OF RESOLUTION NO. 97-94 WHICH ESTABLISHED AND IMPOSED A PUBLIC FACILITIES DEVELOPMENT IMPACT FEE NOW, TWJIREFORE, BE IT RESOLVED by the City Council of the City of Temeeula as follows: Section 1. declare as follows: The City Council of the City of Temecula does hereby find, determine and A. On May 27, 1997, the City Council adopted Ordinance No. 97-09 establishing Chapter 15.06 of the Temecula Municipal Code, Public Facilities Development Impact Fee, which was modified by Ordinance No. 97-14 on August 26, 1997. B. On May 12, 1997 the City Council adopted Resolution No. 97-45 which established the Development Impact fees and on August 12, 1997 the City Council restated and modified Resolution No. 97-45, by Resolution No. 97-94. C. The Council desires to modify Section 5 of Resolution No. 97-94, Automatic Adjustments in Amount of Fees for Development, so as to clarify the date when such adjustments will begin and simplify the procedures for making the adjustments. The modifications to Section 5 of Resolution No. 97-94 do not increase the development impact fees approved therein. Section 2. Section 5 of Resolution No. 97-94 is hereby amended to read as follows: "Section 5. Automatic Adjustments in Amount of Fees for Development. Commencing on July 1, 1998, the fees as established and imposed by this Resolution, including the designated increases on "Exhibit B" shall be adjusted as of July 1 of each year based upon the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index (the "BCI") for the Los Angeles Metropolitan Area (BCI) for the twelve month period prior to May 1 of the year in which the change will be effective. The Director of Finance shall compute the percentage difference between the BCI on May 1 of the year in which the change will be effective and the BCI for the previous May 1. (As an example, effective July 1, 1998 the Development Impact Fees will be adjusted by the Rems. 98-30 1 percentage difference in the BCI between May 1, 1997 and May 1, 1998.) The Director of Finance shall then adjust by such percentage the fees established and imposed by this Resolution. The adjusted amounts shall be rounded to the nearest dollar. These amounts shall constitute the fees authorized by Chapter 15.06 of the Temecula Municipal Code and established and imposed by this Resolution as of July 1 of the year in which an adjustment is made. Should the BCI be revised or discontinued, the Director of Finance shall use the revised index or a comparable index for determining fluctuations in the cost of development. The determination of the Director of Finance pursuant to this Section shall be set forth in a memorandum to the City Manger and shall describe the changes in fees and the method used to calculate the change in fees." Section 3. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not effect the validity of the remaining portions of the Resolution. The City Council hereby declares that it would have adopted this Resolution, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one of more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 14th day of April, 1998. Ron Roberts, Mayor ATTEST: A~-6hg City Clerk~_~j Re~oa. 98-30 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, Acting City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 98-30 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on this 14th day of April, 1998, by the following vote: AYES: 5 COUNCILMEMBERS: Comerchero, Ford, Lindemarts, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Sus _a~,Jones~ CMC ActinXg~ Clerk Renos. 98-30 3