CC Ordinance 2059
ORDINANCE NO.
2059
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AMENDING CHAPTER 11.24 OF THE CITY CODE AMENDING
SIGNATORY REQUIREMENTS FOR VARIOUS AGREEMENTS AND ADDING
LANGUAGE NOT PREVIOUSLY CODIFIED
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: That Chapter 11.24, Section 11.24.040 of the Campbell Municipal Code
is hereby amended as set forth in Exhibit A, attached hereto:
SECTION TWO: That Chapter 11.24, Section 11 .24.080 of the Campbell Municipal Code
is hereby amended as set forth in Exhibit A, attached hereto:
SECTION THREE: This Ordinance shall become effective thirty days following its passage
and adoption and shall be published once within fifteen days upon passage and adoption
in the Campbell Express, a newspaper of general circulation in the City of Campbell,
County of Santa Clara.
PASSED AND ADOPTED this 20th day of September, 2005, by the following roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATT~
Anne Bybee, City Clerk
J!~
P. Kennedy, Mayor
EXHIBIT A
11.24.040 Reauirements - General.
Except as provided for in section 11.24.180 or other adopted Council policy, any person
who proposes to erect, construct, add to, alter or repair any building or structure for which a
building permit is required by the city on or upon any land adjacent to an unimproved
street, or who seeks a use permit, planned development permit, or architectural and site
approval, or a tentative map approval from the city for land adjacent to or containing an
unimproved street must improve, or agree to improve by street improvement agreement or
deferred street improvement agreement said street as herein required. The permittee shall
install such improvements that the city engineer deems necessary, in accordance with the
general purpose and intent of this chapter as specified in 11.24.030, which may include the
following, curbs and gutters, driveways, sidewalks, overlay, pavement structural section,
pavement striping, street lights, storm sewers, sanitary sewers, street trees, street signs,
water lines, fire hydrants, monumentation, and retaining walls and, where necessary, the
dedications and improvement of service roads, facilities for off-street parking, alleys,
easements for public utilities, drainage, sewers, walkways, watercourses, planting strips
and nonaccess facilities. Said improvements or agreement to install said improvements
shall be a condition precedent to the issuance of any required building permit, use permit,
planned development permit, or site and architectural approval. The public works director,
city engineer or their designee, shall have the authority to execute said agreements on
behalf of the city in accordance with this chapter.
11.24.080 Notice of Improvement Obliaations.
When land is purchased or street improvements are constructed by the city in accordance
with Section 11.24.070, the director of public works, the city engineer or their designee,
are is- authorized to execute and record a notice of improvement obligation or repayment
agreement. Such notice or agreement shall describe the improvements constructed and
any land purchased and define the obligation of any property owner or future property
owner.
Payments for both land and improvements shall include interest at a rate equal to one half
a percent (1/2%) above the City's net effective portfolio yield calculated on a fiscal year
basis. The interest rate on both land and improvements for each particular project shall be
adjusted annually; and the amount of interest due shall accrue in the following matter:
(1) Land Cost. Interest to be accrued from the date of acquisition to the
date the permittee is required to reimburse the city;
(2) Improvement Cost. Interest to accrue from the award of contract or, if
installed by city forces, from the date of commencement to the date the permittee is
required to reimburse the city.
However, the interest shall be waived if the abutting property owner dedicates or has
dedicated to the city the required land for improvements.
Said notice of improvement obligation or repayment agreement shall constitute
constructive notice of the obligation imposed by this chapter, but the failure to execute and
record such notice or agreement shall not relieve any permittee or property owner or
future property owner of his obligation. The director of public works, ts-- the city
engineer or their designee are authorized to execute and record a notice of satisfaction
of improvement obligation when the obligation created by Section 11.24.070 has been
satisfied.