Ordinance 1984-05ORDLNANCE NO. 84-5
AN ORDINANCE 'OF THE CITY OF GILROY
ESTABLISHING A CAPITAL OUTLAY PUBLIC
SAFETY FUND AND PROVIDING THAT ALL
FEES REQUIRED SHALL BE ESTABLISHED BY
RESOLUTION OF THE GILROY CITY COUNCIL.
WHEREAS, without a public safety impact fee,
public safety service (police and fire) would be either
decreased in direct proportion to the rate of city growth,
or the burden of additional public safety expenses for new
development would be placed on the existing residents, the
Council finds:
There is a need for a new funding source
for public safety capital improvements.
Any funds collected as a public safety impact
fee must be placed in a separate fund, which
accrues interest, to be used only for public
safety capital expenses.
A public safety capital improvements depreciation
fund should also be established to pay for
replacement of these capital improvements.
There shouldbe periodic review of the amount
of fees collected and expended, to assure
that the City is not overcollecting fees. This
review date should be within 3 or 5 years.
The fees should be collected at the building
permit stage of a project rather than at the
final map stage.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
GILROY DOES ORDAIN AS FOLLOWS:
SECTION I. Chapter 2, Article XVIII, of the Gilroy
City Code is enacted to read as follows:
ARTICLE XVIII. CAPITAL OUTLAY PUBLIC SAFETY FUND
Sec. 2.95. Establishment; purpose.
There is hereby established by the city council
a fund to be known and designated as the Capital
Outlay Fund for Public Safety for the purpose of
ORDINANCE NO. 84 - 5
providing money for capital expenditures
for Public safety facilities in the. city.~,
Sec. 2.96. Deposits
There shall be deposited in the Capital
Outlay Public Safety Fund all fees assessed
to and collected from developers for the
purpose of funding necessary public safety
capital improvements required by the impact
of new development. Such fees shall be fixed
from time to time by council resolution
based on calculations of such capital costs
required by new development in the city.
Such fees shall be collected upon issuance of
the building permit.
Sec. 2.97. Expenditures.
The moneys in the Capital Outlay Public
Safety Fund, shall be expended only for
equipment and facilities and other capital
purposes for the Department of Fire and
Department of Police.
SECTION II. Ail other ordinances and parts of
ordinances in conflict herewith are hereby repealed.
SECTION III. This ordinance shall take effect and
be in full force thirty (30) days from and after its adoption
and approval.
PASSED AND ADOPTED this 16th day of April, 1984, by
the following vote:
AYES:
COUNCILMEMBERS:
GAGE, KLOECKER, MUSSALLEM,
PATE, VALDEZ and HUGHAN
NOES:
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: ALBERT
~Cler~
ORDINANCE NO. 84-5
-2-
I, SUSANNE E. STEINMETZ, City Clerk of the City of
Gilroy, do hereby certify that the attached Ordinance No. 84-5
is an original ordinance, duly adopted by the Council of the City
of Gilroy at a regular meeting of said Council~held on the 16th
day of April , 19 84 .,~ at which meeting a quorum was
present.
affixed the Official Seal of the City of Gilroy, this
of April , 19 84
~~ ~'~ City~~
C~it~ Clerk of th~ ~~'~ '~
IN WITNESS WHEREOF, I have hereunto set my hand and
17th day
(Seal)