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4111ORDINANCE NO. 4111 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION 17.08.437 TO CHAPTER 17.08 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SUBDIVISIONS. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 17.08.437 be, and the same is hereby, added to Chapter 17.08 of Title 17 of the Anaheim Municipal Code to read as f ollows: 17.08.437 SUPPLEMENTAL IMPROVEMENTS -- PUBLIC UTILITY FACILITIES .010 Where the City Council finds that, upon development of an undeveloped or substantially undeveloped area of the City, -said area cannot be ade- quately served by existing water and/or electrical facilities, the City Council may by resolution establish a public utility facilities plan for the providing of new water production, storage, transmission and distri- bution facilities and/or electrical substation, transmission, sub -transmission, and distribution facilities for said area. The term "water production, storage, transmission and distribution facilities" as used herein shall include the land, structures, pipelines, equipment and other related appurtenances as determined by the City Council to be reasonably necessary to provide an adequate water supply for the area of benefit. The term "electrical substation, transmission, sub -transmis- sion and distribution facilities" as used herein shall include the land, structures, poles, towers, ducts, vaults, conductors, cables, equipment and other related appurten- ances as determined by the Council to be reasonably necessary to provide adequate electrical service for the area of benefit. Said public utility facilities plan shall establish the boundaries of the area of benefit, the actual or estimated cost of said facilities, and the method of apportionment of the cost of said facilities. ..-- .020 The City may require a subdivider, developer or applicant for water or electrical service to pay a pro rata share of the actual or estimated cost of said facilities as a condition of approval of any final map or parcel map having boundaries wholly or partly within the area of benefit. -1- .030 The City may require that a subdivider, developer or applicant for water or electrical service install and furnish all or any portion of the facilities --- specified in said public utility facilities plan, includ- ing facilities of a supplemental size, capacity or number for the benefit of property not within the subdivision, and that said facilities be dedicated to the public, as a condition of approval of any final map or parcel map having boundaries wholly or partly within the area of benefit. .040 If a subdivider, developer or applicant for water or electrical service is required to install or furnish facilities which include facilities of a supple- mental size, capacity or number -for the benefit of property not within the subdivision, the City shall enter into a reimbursement agreement with such subdivider to reimburse such subdivider. from fees received by the City pursuant to subsection .020 above for that portion of the actual cost of said facilities in excess of said subdiv- ider's,developer's or applicant's pro rata share thereof as determined pursuant to the provisions of said public utility facilities plan. SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this chapter of the Code hereby adopted be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this chapter independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 3. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim is 8t ay of March, ' 1980. ATTEST: -2- THE CVr 01;"'ANABEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA.D. ROBERTS, City Clerk of'the'City.of Anaheim, do hereby -certify that the foregoing Ordinance No -'.4111 -was introduced at a regular meetin of the City -Council of the' City - of 'Anaheim, held - on' the,:g llth day of March, 1980, and that the'same tori duly passed and adopted'at a regular meeting of said City Council held- on'the 18th day of'March,'1980, by the following vote of'the members.thereofe AYES: COUNCIL MEMBERS: Overholt,'Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS:' None AND I FURTHER CERTIFY that the'Mayor,of the'City-of'Anaheim signed said Ordinance No: '.4111. on the' 18th- day of ' March' ' 1980. IN WITNESS WHEREOF, I have hereunto set'my hand and affixed the official seal of the'City of'Anaheim this 18th -day of March,'1980.. CITY C mm. OF TH4CIOLF—ANA—ME324 (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4111 and was published once in the Anaheim Bulletin on the 28th day of March, 1980. V111" 659. ! _9.0