HomeMy WebLinkAbout025 - 03/16/1993 - AMENDING CITY CODE PERTAINING TO DEVELOPER REIMBURSEMENT AGREEMENTS ORDINANCE NO. 25, 1993
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CERTAIN PROVISIONS OF THE CITY CODE PERTAINING
TO DEVELOPER REIMBURSEMENT AGREEMENTS
WHEREAS, the City Council has approved certain amendments to Chapter 22 of
the Code of the City of Fort Collins pertaining to special improvement districts;
and
WHEREAS, one of the amendments approved by the Council is the deletion of
Section 22-37 of the Code, which presently provides a procedure whereby the City
may enter into reimbursement agreements with property owners within a special
improvement district who have paid the cost of district improvements which
especially benefit other properties within the district that are not assessed or
that are outside the district; and
WHEREAS, the purpose of deleting such Code section is to avoid the over-
assessment of any properties within special improvement districts; and
WHEREAS, upon the deletion of this section of the Code, property owners in
a special improvement district will be unable to accept additional assessments
against their properties which represent the cost of improvements that benefit
other properties; and
WHEREAS, such property owners may still wish to directly pay for such
improvements and seek the City's assistance in obtaining reimbursement from the
benefitted property owners at such time as those other properties are developed
or otherwise obtain direct access to the constructed improvements; and
WHEREAS, there are certain other sections of the City Code which provide
for the possible reimbursement of such costs; and
WHEREAS, such other sections of the City Code do not authorize
reimbursement for any amounts paid in connection with the formation or
administration of a special improvement district; and
WHEREAS, the City Council wishes to amend those sections of the Code in
order to enable the developers of property to recover, through reimbursement
agreements, all costs incurred in constructing improvements which especially
benefit other properties, including that portion of such costs which is
attributable to the formation or administration of special improvement districts.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1 . That Section 26-372(b) of the Code of the City is hereby
amended to read as follows:
Sec. 26-372. Reimbursement agreements.
(b) The amount of the reimbursement assessed by the city for
each adjacent property as it develops may be based on the original
cost of design and construction of the lines 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 of
installation through the undeveloped properties. The costs of
design and construction of the improvements may include engineering
fees and any costs incurred by the developer for the formation or
administration of a special improvement district. Reimbursement of
the installing developer is contingent on actual collection of the
front foot charge by the city.
Section 2. That Section 26-546(b) of the Code of the City is hereby
amended to read as follows:
Sec. 26-546. Assessment for off-site stormwater improvements.
(b) The amount of the repayment assessed by the city for each
property as it develops shall be based on the original cost of the
design and construction of the stormwater facilities plus any
reasonable amount mutually agreed upon between the original
installer and the city to reflect the effects of inflation.
However, in no case shall the charge reflect less than the original
cost of the installation through the undeveloped properties.
Adjustments for inflation may be based on the construction cost
index for Denver, Colorado, as published monthly by the Engineering
News Record. " The costs of design and construction of the
improvements may include engineering fees and any costs incurred by
the developer for the formation or administration of a special
improvement district.
Section 3. That Section 29-678(6) of the Code of the City be amended in
relevant part to read as follows:
Sec. 29-678. Required improvements prior to issuance of building
permit.
(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 an 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
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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, by 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, including any costs
incurred for the formation or administration of a
special improvementdistrict. 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: . . . .
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Introduced, considered favorably on first reading, and ordered published
this 2nd day of March, A.D. 1993, and to be presented for final passage on the
16th day of March, A.D. 1993.
;ayylor
4-4v,
ATTEST:
Passed and adopted on final reading this 16th day of March, A.D. 1993.
Mayor
ATTEST:
CittyClerk
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