HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/16/2004 - SECOND READING OF ORDINANCE NO. 041,2004, AMENDING ITEM NUMBER: 7
AGENDA ITEM SUMMARY DATE: March 16, 2004
FORT COLLINS CITY COUNCIL STAFF: Mike Herzig
SUBJECT
Second Reading of Ordinance No. 041,2004, Amending Section 24-95 of the City Code to Clarify
the Language That Assigns Responsibility for Constructing Streets to Adjacent Property Owners at
the Time of Development or Redevelopment.
RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY
This Ordinance, which was unanimously adopted on First Reading on March 2, 2004, amends
Section 24-95(a)of the City Code. The change was made to remove a confusing phrase referencing
"undeveloped property" at the beginning of the first sentence which does not match the reference
to redevelopment at the end of the same sentence. The clarification makes it clearer that property
owners have the responsibility to improve streets adjoining their property at the time they develop
or redevelop their property. This,in turn,clarifies that the City may recover costs under Section 24-
95(c) that are incurred by the City with City-constructed capital project improvements from the
adjacent property owners at the time of their development or redevelopment.
ORDINANCE NO. 041, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 24-95 OF THE CODE OF THE CITY OF FORT COLLINS
TO CLARIFY THE LANGUAGE THAT ASSIGNS RESPONSIBILITY FOR
CONSTRUCTING STREETS TO ADJACENT PROPERTY OWNERS
AT THE TIME OF DEVELOPMENT OR REDEVELOPMENT
WHEREAS,the Council has determined that the language contained in Section 24-95(a)of
the Code of the City of Fort Collins should be amended to make more clear that the obligation to
construct the local portion of a public street applies not only to nearby property that is undeveloped
but also to such property that is developed and may be redeveloped.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 24-95(a) of the Code of the City of Fort Collins be amended to read as
follows:
Sec. 24-95. Obligation for construction.
(a) The construction of the local portion of a public street is hereby declared to
be the obligation of the owner of the adjacent property at the time such property is
developed or redeveloped. The timing of the construction shall be as specified in the
development agreement for such property or, if not specified, it shall be required at
the time of issuance of the first building permit upon such property.
Introduced and considered favorably on first reading and ordered published this 2nd day of
March, A.D. 2004, and to be presented for final passage on the 16th,day of March, A.D. 2004,
-Mayor
ATTEST:
i & �& . 2
City Clerk
Passed and adopted on final reading this 16th day of March, A.D. 2004.
Mayor
ATTEST:
City Clerk
ITEM NUMBER: 19
AGENDA ITEM SUMMARY DATE: March 2, 2004
FORT COLLINS CITY COUNCIL
STAFF: Mike Herzig
SUBJECT
First Reading of Ordinance No.041,2004,Amending Section 24-95 of the City Code to Clarify the
Language That Assigns Responsibility for Constructing Streets to Adjacent Property Owners at the
Time of Development or Redev cent.
PYRECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY
It is proposed that the City CCbeOdevor
f langua a inSection 24-95(a). The change is
to remove a confusing phrav op e " at the beginning of the first
sentence which does not matc en he end of the same sentence. The
clarification will make it clers have responsibility to improve streets
adjoining their property at the re evelop eir property. This,in turn,clarifies
that the City may recover costs under Section 24-95(c) that are incurred by the City with City-
constructed capital project improvements from the adjacent property owners at the time of their
development or redevelopment.
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