HomeMy WebLinkAbout065 - 07/01/2008 - AMENDING SECTION 24-95 OF THE CITY CODE CONCERNING THE OBLIGATION FOR CONSTRUCTION OF STREETS ORDINANCE NO. 065, 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 24-95 OF THE CITY CODE
CONCERNING THE OBLIGATION FOR CONSTRUCTION OF STREETS
WHEREAS, Section 24-95 of the Code of the City pertains to the obligation of developers
to provide local streets adjacent to development; and
WHEREAS,the Council has determined that it is in the best interest of the City to clarify in
Section 24-95 that the construction also includes the obligation to dedicate rights-of-way for such
streets and also includes the provision of necessary appurtenances related to the street such as curb,
gutter, pavement, intersections and sidewalks, among other things; and
WHEREAS, the Council has further determined that when the City constructs the local
portion of a public street adjacent to undeveloped property, the City should be entitled to
reimbursement from benefitted adjacent property owners at the time their properties are developed
and that the Code should be amended to clarify the circumstances under which the City would be
entitled to such reimbursement.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 24-95 of the Code of the City be amended to read as follows:
Sec. 24-95. Obligation for construction.
(a) The dedication of all required right-of-way and the construction of the local
access portion of a public street or other related improvement adjacent to
undeveloped real property 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 and payment for the design and 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.
(b) The local access portion of such street shall include, without limitation, the
construction of curb, gutter, pavement, intersections, sidewalks and any other
appurtenances related to the street. All such construction shall conform to the
"Latimer County Urban Area Street Standards" as adopted by the City Council by
ordinance or resolution.
(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 any benefitted adjacent property repay to the City its cost in
acquiring the necessary right-of-way and constructing such local portion of such
street or other related improvements. For the purpose of this provision,benefit to the
adjacent property may include,among other things,the construction of improvements
that will allow the adjacent property to be developed in accordance with the
requirements of Section 3.6.4 of the Land Use Code, where in the absence of the
improvements, such development would not be allowed to proceed. The amount of
reimbursement to be paid to the City under this Subsection shall be no less than the
original cost of the right-of-way and 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. (If said index shows deflation, the adjustment shall be
made accordingly, but not below the original cost as submitted by the Installing
Developer and approved by the City Engineer.) The original cost of the right-of-way
and improvements shall mean the cost of right-of-way acquisition, financing,
engineering,construction and any other costs actually incurred by the City which are
directly attributable to the improvements.
Introduced and considered favorably on first reading and ordered published this 3rd day
of June, A.D. 2008, and to be presented for final passage o 1 st day of July, A.D. 2 08.
Mayor
ATTEST:
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City Clerk
Passed and adopted on final reading this 1 st day of July, A.D. 2008.
Mayor
ATTEST:
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City Clerk