HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/05/2001 - FIRST READING OF ORDINANCE NO. 98, 2001, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 12
DATE: June 5,2001
FORT COLLINS CITY COUNCIL FROM:
Mike Herzig
SUBJECT:
First Reading of Ordinance No. 98, 2001, Amending Section 24-95(c) of the City Code to
Include Right-of-Way Acquisition as a Reimbursable Cost of the City When Constructing
Streets.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY:
Currently when the City designs and constructs a street through undeveloped areas, the City can
be reimbursed for the design and construction costs at the time the undeveloped areas are
developed and the developer takes access from that street. Under this proposed amendment to
the City Code, when the City has to acquire land or right-of-way for the construction of the
street, the costs for the acquisition would be recoverable by the City from the developer, at the
time the land is developed and the developer takes access from the street.
This recommended change to the City Code would match a similar change to the Land Use
Code, Section 3.3.2(F)(2), that is being proposed under separate cover as part of the Spring 2001
revisions to the Land Use Code.
ORDINANCE NO. 98,2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 24-95(c)OF THE CODE OF THE CITY OF FORT COLLINS
TO INCLUDE RIGHT-OF-WAY ACQUISITION AS A REIMBURSABLE COST
OF THE CITY WHEN CONSTRUCTING STREETS
WHEREAS,the City Council has determined that the cost of land/right-of-way acquisition
should be a reimbursable cost to developers who construct streets through undeveloped areas, as
provided in Section 3.3.2(F)(2) of the Land Use Code, which section of the Land Use Code is,
contemporaneously with this Ordinance, being amended to so provide; and
WHEREAS,the City Council has further determined that when the City constructs streets
through undeveloped areas, and expends public funds in acquiring right-of-way for such
construction,the City's expense in such right-of-way acquisition also to be a reimbursable expense
from subsequent developers taking access to such streets,and Section 24-95(c)of the Code should
be amended accordingly.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 24-95(c)of the Code of the City of Fort Collins be,and hereby is,amended
to read as follows:
Sec. 24-95. Obligation for construction.
(c) Ifthe city has constructed such local portion of apublic street adjacent
to undeveloped property or property that may be redeveloped,the city may require,
at or before the time of issuance of any building permit for new development or
change of use, that the owner of such adjacent property repay to the city its cost in
aging the necessary',right-of-way and•constructing such local portion of such
street.The amount of reimbursement to be paid to the city under this paragraph shall
be no less than the original cost of the rf €tfwa ' e .;improvements plus any
mutually agreed upon amount to reflect the effects of inflation, if any. These
adjustments may be based on the construction cost index for Denver, Colorado, as
published monthly by the Engineering News Record. The original cost of the#PPr
�iddamprovements shall mean the cost of S w financing,
engineering,construction and any other costs actually incurred by the city which are
directly attributable to the improvements.
i
Introduced and considered favorably on first reading and ordered published this 5th day of
June,A.D. 2001,and to be presented for final passage on the 19th day of June,A.D. 2001.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 19th day of June,A.D. 2001.
Mayor
ATTEST:
City Clerk