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HomeMy WebLinkAbout89-047 - Resolutions RESOLUTION NO. 89;047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO EXECUTE A REIMBURSEMENT AGREEMENT WITH O.A.S. INVESTORS FOR THE CONSTRUCTION OF A PORTION OF THE MASTER 'PLAN STORM DRAIN LINE (2 K) ALONG VINEYARD AVENUE FROM CUCAMONGA CREEK CHANNEL TO 549 FEET EAST OF CENTERLINE OF CARNELIAN STREET WHEREAS, O.A.S. Investor is required as condition of Approval for the Conditional Use Permit No. 87-26 to construct storm drain facilities along Vineyard Avenue at Carnelian Street to provide flood protection to the development; WHEREAS, a portion of that storm drain facility is a part of the adopted comprehensive master planned storm drain system, more particularly described as the Storm Drain from station 10+39.09 to station 17+78.35 including the catch basins and lateral on Carnelian Street and Arroyo Vista Avenue but excluding line 'D' as shown on the City approved plan drawing No. 1268-D, sheet 8 of 17. The said plan drawing is made a part of this resolution by reference; WHEREAS, this portion of the Master Planned Storm Drain is budgeted for construction as capital improvement project and is scheduled to be completed in two years; WHEREAS, Section 13.08.080 of the Rancho Cucamonga Municipal Code made a provision to reimburse a subdivider when Master Planned Storm Drain is constructed by the subdivider, for the cost of construction which exceeds the storm drain fee. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: 1. The Developer, at the developer's own expense will install the planned storm drainage facilities as mentioned herein afore. 2. In consideration of Developer's installation of said planned drainage facilities, City will not assess Developer the fee described in Chapter 13.08 of the Rancho Cucamonga Municipal Code. 3. The cost of constructing the planned storm drainage facilities will be reimbursed in two reimbursement cycles. 4. The Developer will submit the direct cost of construction of the said planned drainage facilities to the City Engineer no later than March 30 to be eligible for the payment through the month of August of the same year. The cost of construction will be reviewed, approved or adjusted by City Engineer. Resolution No. 89-047 Page 2 5. The approved construction cost will be reimbursed from "planned drainage reimbursement fund" under the provision of Chapter 13.08 of the Rancho Cucamon§a Municipal Code. If the cost of construction exceeds the amount from "planned drainage reimbursement fund" the difference will be paid by City's Capital improvement fund. More specifically, if the amount in the first reimbursement 'cycle is less than 50% of the total reimbursement amount the difference will be paid from the City's Capital Improvement Fund. If the developer's share from planned drainage reimbursement fund in the second reimbursement cycle is less than the balance of the reimbursement amount, the difference will be paid from that year's Capital Improvement Fund. PASSED, APPROVED, and ADOPTED this 1st day of February, 1989. AYES: Alexander, Brown, Buquet, Stout, Wright NOES: None ABSENT: None Dennis L. Stout, Mayor ATTEST: Beverly A~/ Authelet; City Clerk I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 1st day of February, 1989. Executed this 2nd day of February, 1989 at Rancho Cucamonga, California. Beverly/A. Authelet, City Clerk