§ 10.40.110. Incorporations and annexations.

The signal mitigation program fee area shall be modified, by incorporations of cities, and by annexations of areas of land into existing cities, or by county boundary changes, to exclude those areas of land. The modifications to the fee area shall become effective at the effective time of the incorporation, annexation or boundary change. The county shall not be responsible for the collection of signal mitigation program fees on behalf of cities, or adjacent counties, except as mandated by law. The following policies are established with regard to incorporations and annexations:

A.

Incorporations. The county administrative office, with assistance from the transportation and land management agency, shall determine which fees were collected within the city boundaries of a newly formed city, and compare that amount with the expenditures and obligations of signal mitigation program fees within the city boundaries. Unexpended and uncommitted funds may be reimbursed to the newly formed city with the stipulation that the funds be utilized exclusively for traffic signal construction improvements in accordance with all applicable laws. If expenditures and obligations of signal mitigation program funds within the city exceed program revenues collected within the city, the city shall be liable for repayment of the fees. These procedures shall be undertaken through a formal agreement within two years of the effective date of incorporation, and concurrently with the normal expenditure and revenue negotiations that occur between the county and newly formed cities. The county administrative office has the authority to negotiate terms and conditions of fund transfers with the incorporating city to the full extent provided under law.

B.

Annexations. Annexations of land by existing cities shall not entitle the annexing agency to any unprogrammed signal mitigation program funds. Unprogrammed funds shall be allocated for use in the unincorporated Riverside County in accordance with the policies and procedures of the transportation and land management agency, this chapter, and any companion or subsequent actions of the board of supervisors. Proposed signal mitigation program construction projects, for which construction contracts have not yet been issued as of the effective date of annexation, and that are within areas that are annexed by a city shall be relinquished to the annexing agency, and no additional county funds shall be expended on the project. Signal mitigation program construction projects for which construction contracts have been issued by the county on the effective date of annexation shall be completed, and funding for the projects shall be from the signal mitigation program.

(Ord. 748 § 11, 1994)