Ordinance 1996-06ORDINANCE NO. 96 -6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY ADDING SECTION 21.130 TO THE GILROY
CITY CODE PROVIDING FOR THE REPAYMENT TO CITY
OF COSTS ADVANCED FOR RIGHTS -OF -WAY OR
IMPROVEMENTS
WHEREAS, to promote and accomplish the purposes of the
City General Plan it is necessary to construct arterial and
collector streets in a timely fashion calculated to prevent undue
traffic congestion; and
WHEREAS, when lands contiguous to these streets
(hereinafter such lands are termed "subject lands ") are sought to
be developed, the owners or developers may be compelled to convey
rights -of way as are necessary for such streets and to construct
all required improvements; and
WHEREAS, it will often be necessary for City to acquire
rights -of -way to construct the required street improvements and to
advance the costs therefore prior to the time that the subject
lands are sought to be developed; and
WHEREAS, the City Council intends to provide a means
whereby the acquisition and construction costs advanced by City may
be repaid to City by the owners or developers of the subject lands
at the time they seek to develop such lands;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY
DOES HEREBY ORDAIN AS FOLLOWS:
Section 21.130. Reimbursement to city of costs advanced for
rights -of -way or improvements.
(a) In cases where the city advances the costs for rights -
of -way acquisition or for construction of improvements for a
portion of a street which is part of the city's Circulation
Element of the General Plan, and for which an owner or developer
is responsible to acquire or dedicate rights -of -way and /or
construct improvements, owners or developers of land which abuts
upon such portion of such street shall repay such advanced costs
to city, to be redeposited in the traffic impact fee fund, when
and if such land is sought to be developed and a development
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permit is issued or approved therefor. The repayment shall be
made prior to and as a prerequisite for approval of a final or
parcel map on the property, even if repayment was for any reason
not imposed as a condition of the tentative map. If no such
approval is being sought, the repayment shall be made prior to
and as a prerequisite to issuance of a building permit for the
property.
(b) For purposes of this section, the costs of rights -of-
way or improvements shall mean the sum total of the costs
incurred or expended by the city in the form of purchase price or
eminent domain judgment for the acquisition of rights -of -way.
Said costs shall also include engineering costs for preparation
of plat maps and boundary descriptions necessary for such
acquisitions. Such costs shall also mean the sum total of all
costs incurred or expended by city for the construction of street
improvements, including but not limited to engineering costs and
expenses, costs and expenses of preparing plans and
specifications, costs and expenses for inspection, publication,
advertising and printing, costs of construction contract, costs
of extra work and materials approved by city, and costs of
preparation of environmental review documents for the required
improvements.
(c) Improvements may include but shall not be limited to
paving (including all preparation, removal, excavation, fill base
material compaction), curbs, gutters, sidewalks, street lights
(including cables and electrical conduit), median islands and any
and all appurtenances to the foregoing improvements.
This ordinance shall take effect and be in full force
thirty days from and after its adoption and approval.
PASSED AND ADOPTED this 20th day of May, 1996 by the
following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON,
SPRINGER, VALDEZ, GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
APPRO D:
Don ld F. Gage, May
ATTEST: Z
usanne E. Steinmetz, City Clerk
UC004965V _2_ ORDINANCE 96 -6
63-052404706002
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 96 -6 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 20th day of May , 19 96 ,
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this 31st day of May
19 96.
XCity Clerk of the City of Gilroy
(Seal)