HomeMy WebLinkAbout032 - 03/15/1988 - AMENDING CITY CODE RELATING TO REIMBURSEMENT FOR DISTRICT IMPROVEMENTS ORDINANCE NO. 32, 1988
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTIONS 22-37, 24-95(c) AND 29-678(6) OF THE
CODE OF THE CITY OF FORT COLLINS RELATING TO
REIMBURSEMENT FOR DISTRICT IMPROVEMENTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows:
Section 1 . That Section 22-37 of the Code of the City of Fort Collins
is hereby amended to read as follows:
Sec. 22-37. Reimbursement for district improvements.
(a) Notwithstanding the provisions of other sections of the
Code pertaining to reimbursement for improvements, when an
improvement district is created, reimbursement shall occur in the
following fashion. The city may enter into reimbursement
agreements with property owners within the district whose
properties have been or will be assessed for the cost of any
district improvements which specially benefit other properties
either within the district and not assessed or outside the
district. Reimbursement shall be obtained from such property
owners whose properties are so benefitted by the improvements for
which special assessment is made. Reimbursable amounts due for
water and sanitary sewer improvements shall be payable at or
before the time of connection to such improvements. Reimbursable
amounts due for street, storm sewer, landscaping and other
improvements shall be payable at or before the time that the
first building permit is obtained for development of any portions
of the benefitted properties. The amount to be reimbursed shall
be proportionate to the final assessable cost, plus any amount
added pursuant to the agreement to reflect the effects of
inflation.
(b) Any monies received pursuant to this Section shall be
distributed at the time said monies are collected by the city or
as soon thereafter as district properties are assessed to
property owner(s) who have entered into reimbursement agreements
as described above. The right to reimbursement pursuant to this
Section shall not exceed a period of ten (10) years from the
date of execution of the agreement unless an extension beyond
this ten (10) year period is approved by the City Council .
Section 2. That Section 24-95(c) of the Code of the City of Fort
Collins is hereby amended to read as follows:
(c) If the city has constructed such local portion of a
public 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 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
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
improvements shall mean the cost of financing, engineering,
construction and any other costs actually incurred by the city
which are directly attributable to the improvements.
Section 3. That Section 29-678 of the Code of the City of Fort
Collins is hereby amended to read as follows:
(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 (36) 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 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 this developer has furnished the Director
with an approved itemized list of the construction
costs and has entered into an agreement for repayment
with the city within ninety (90) days of the completion
and acceptance by the city of such improvements, then
at the time the property abutting such improvements is
developed and access to such improvements is
accomplished, the city may collect a charge per front
foot from the abutting property developer and, if so
collected, shall reimburse the original installer to
the extent of such collection after making any
necessary adjustments. The amount of the reimbursement
paid to the city may be the original cost of the
improvements plus any mutually agreed upon amount to
reflect the effects of inflation, if any, but in no
case shall the reimbursement be less than the original
cost, as submitted by the developer and approved by the
City Engineer. These adjustments may be based on the
Construction Cost Index for Denver, Colorado, as
published monthly by "Engineering News Record. " Streets
and alleys shall be completed as required by the
Director and all payments fully made for existing
beneficial streets before the reimbursement to the
original installer is made pursuant to provisions as
contained herein. Any right to reimbursement pursuant
to this provision shall not exceed a period of ten (10)
years from the execution of the agreement. The City
Council may approve extensions of the agreement for
additional ten (10) year periods.
Introduced, considered favorably on first reading, and ordered
published this 1st day of March, A.D. 1988, and to be presented for final
passage on the 15th day of March, A.D. 1988.
�1:a�ista F Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 15th day of March, A.D. 1988.
Mayor ��
ATTEST:
City Clerk