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HomeMy WebLinkAbout112 - 09/11/1979 - AMENDING THE CITY CODE BY THE ADDITION THERETO OF ARTICLE XIII TO CHAPTER 95 RELATING TO STREET OVER ORDIirAPCF NO 112 , 197c' Q V DIK THE COPE OF THE CITY OF FORT COLLINS bf THE ADDITION THERETO OF ARTICLE XIII TO CHAPTER, 95 RELATING TO STREET OVEPSIZING AND CREATIIG A STREET OVEK IZIM FUiD A%D ESTHCLISHING A FEE FOa STREET OVLRSIZINU Ai`'D PROVIDIJ FOP ITS COLLECTION VHEPEAS, the continuer growth of the City threatens to exceed the capabilitj of the City to provide essential municipal services, particular- ly in the demand TO the construction of arterial and collector streets, and OHEPLAS, the demand for additional collector ano arterial streets is directly attributable to new development ritnin the community, and WHEREAS, it is the consideted opinion of tie Council of the City of Fort Collins that overnizing costs should, insofar as provided, be paid by new development within the ccrnunity and tndt e fair and equitable manner for assessing said costs is to tie tie payment of said costs to the issu- ance of building permits BF IT ORDAIPED BY TIE COUNCIL OF ThF CITY OF FORT COLLINS as follows Section 1 Charter 9C of the Code Q the City of Fort Collins, he, and it hereby is, anended by the addition M i eto of a new Article XII1 to read as follows PRTICLE XK I STPEE1 OVERjIZING FUND §95-86 Estakishioent of Street Oversizing Fund There is hereLy established a fund pursuant to the authority contained in Article V, §27 of the Charter of the City of Fort Collins for the peynent for construc- tion of arterial and collector streets as provided herein with the City of Fort Collins Into rich funds shall be deposited all monies collected pursuant to the provisions of tnis Chapter and the monies in such fund shall be expended solely as specified in 1195-87 §95-87 Use of Fund Monies collected pursuant to this Chapter shall be utilized to pay all costs as- sociated with inci easina the w idtn of streets ano sidewalts to arterial or collector status, for traffic signalization -nen required because of collector or arterial status, and for the extra base associated with the construction of arterial streets The fund shall rot be utilized to pay for the extra base associated with collector streets above the minimum standards for such streets §95-88 Collection of Oversizing Fee (A) Residential Uses Hereafter no building permit shall be issued for th- construction of any dwellinq unit until a fee of 021 00 per dwelling unit has been paid to the Director of Finance of the City of Fort Collins For the purposes of this Section, any re- modeling activity which results in the creation of an additional dwrellinq urit small be subject to the payment of the fee as specified herein All such payments shall be deposited by the Director of Finance into tree Street Oversizinq Fund (B) Commercial , Business, and Industrial Uses and Non-Residential Uses in the Commercial Allotment for Planned Unit Developments No building permit shall be issued for the cons ruction of any principal structure to be used for commercial , business or industrial use until a fee in the amount of $2,000 00 per gross acre of tree total parcel has been paid to the Director of Finance of the City of Fort Collins In the event the building permit requested covers less than the entire parcel , the Director of Public Works shall dece wine the fee based upon tree proaortion of the property included in the buildina permit to the entire parcel (C) Dwelling Unit As used in this Chapter, dwelling unit shall be defined as one or more rooms and a single kitchon designee for or occupied as a unit by onP fe lily, for living and coo!.ino purposes located in a one family or multiple family drellinn §95-89 Ovorsizina Fees to be Adjusted Quarterly In recognition of increasing costs and inflation, the fees set forth above shall be adjusted on a ouarterly basis by the Director of Public Works to reflect the actual costs of street oversizing as indicated by billings received by the City for street oversizing costs for the most recent quarter -2- §95-90 hewer The Directot of Public Works may, upon application of any interested party, waive or otherwise adjust any of the fees set forth above for good ano sufficient cause Ability to pay shall not be considered to be sufficient cause for 4alver or adjust- ment of fees Any aggrieved party may appeal the decision of the Director of Public Works relating to waiver or adjustment of fees to the City Council Saiu appeal shall be filed with the City Clerk of the City of Fort Collins within ten (10) days of the decision or the Director of Public Works Section 2 The City Manaaer be, and nereDy is, authorized and direc- ted to do all things necessary and proper to provide for the immediate creation or the oversizing fund and the collection of tees as speci- freo in this Chapter Section 3 In the event any provision of this ordinance is determined to be illegal or unenforceable for any reason, all other provisions of this Ordinance snall retrain in force and effect unless and until otherwise determined The illegality of any provision of this Ordinance shall in no taw affect the legality and enforceability of any other provisions of His Ordinance Section 4 Passage of Ordinance Fhat the immediate adoption of the foregoing measures are necessary to preserve, protect, and advance the General Nelfare and safety of the residents of the City of Fort Collins Therefore, the City Council hereby determines that an emergency does exist requiring the immediate passage of this Ordinance, and this Ordinance is, ti et efot e, enacted pursuant to Section G of Article II of the Cnarter of the City of Fort Collins as an Emergency Ordinance and shall become effec- tive upon its passage Introduced , considered favorably by five members of the City Council upon reacing, finally passed as an Emergency Ordinance and ordered pub- lished this llth day of September , A D 1 9 � i layor ATTEST ac.t� Cito Clerr 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