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HomeMy WebLinkAbout047 - 04/21/1992 - AMENDING CITY CODE RELATING TO REIMBURSEMENTS ORDINANCE NO. 47, 1992 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 29-678 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO REIMBURSEMENTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1 . That Section 29-678(6) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 29-678. Required improvements prior to issuance of building permits. (6) Streets and alleys. All subdivisions must have access to an improved arterial street or to a street funded for improvement as an arterial street. Any subdivision which does not have adequate access to an improved arterial street or a planned arterial street is required to improve the impacted off-site streets as determined by the city to include, as a minimum, a thirty-six-foot-wide paved section on a adequate base for the ultimate design of the street as designated on the Master Street Plan or as determined by the Director of Engineering. A waiver to these requirements may be granted by the Director when, in the Director's determination, the existing arterial is in substantial compliance with the criteria for arterial streets. When any person constructs a street, alley or path through undeveloped areas or areas that may be redeveloped to serve the property or constructs such improvements along the perimeter of the property, the entire cost of such construction shall be the responsibility of such person. If, within twelve (12) months of the completion and acceptance by the city of such improvements, the developer installing such improvements has entered into a reimbursement agreement with the city in the manner prescribed by this section, then, at the time such property is developed or redeveloped and access to such improvements is accomplished, the city may collect a charge per front foot from the abutting developer prior to the issuance of any building permits for the abutting property; provided, however, that the city shall not attempt to make such collection until the reimbursement agreement is timely and properly prepared, executed and delivered to the city. If the front foot charge is collected, the city shall reimburse the installing developer to the extent of such collection after deducting a service charge of three (3) percent to cover administrative costs. All costs for the construction of street improvements must be fully paid by the installing developer before such person shall be entitled to reimbursement under any agreement established hereunder. The amount of the reimbursement assessed by the city for each adjacent property as it develops shall be based on the original cost of design and construction of the improvements plus an adjustment for inflation based on the construction cost index for Denver, Colorado, as published monthly by "Engineering News Record. " In no case shall the front foot charge reflect less than the original cost as submitted by the installing developer and approved by the Director of Engineering. The original cost of design and construction shall mean the cost of financing, engineering, construction and any other costs actually incurred which are directly attributable to the improvements. The city' s obligation to reimburse the installing developer shall be contingent upon the city's actual collection of the front foot charge from the abutting developer. In order to obtain approval of a reimbursement agreement from the city, the installing developer shall provide the Director of Engineering with copies of the following, after acceptance of the improvements: (a) An invoice from the installing developer' s engineer for any fee assessed on the project; (b) The contractor's application for final payment approved by the installing developer's engineer; (c) A letter from the installing developer and/or contractor certifying that final payment has been received by the contractor; (d) A letter from the installing developer and/or engineer certifying that final payment of engineering fees has been made; (e) A map prepared by a licensed engineer or surveyor which shows: (1) the location of the improvements constructed; (2) the name of the owner of each property which has frontage along the improvements; (3) the frontage of each property abutting the improvements, together with the assessment due based on the original costs; (4) the acreage and parcel number of each property abutting the improvements; (5) a reference to the book, page and reception , number from the records of the County Clerk and Recorder where the information for each property was obtained; and (6) any other information deemed necessary by the Director of Engineering. Any right to reimbursement pursuant to this provision shall not exceed a period of ten (10) years from the acceptance by the city of the street improvements. The City Council may approve extensions of the reimbursement agreement for additional ten (10) year periods. No such reimbursement shall be made unless the person entitled to reimbursement has fully satisfied his/her obligations under any other reimbursement agreements with the city. Introduced, considered favorably on first reading, and ordered published this 7th day of April , A.D. 1992, and to be presented for final passage on the 21st day of April , A.D. 1992. 'Mayor ATTEST: t City Clerk Passed and adopted on final reading this 21st day of April , A.D. 1992. ayor ATTEST: ( City Clerk