HomeMy WebLinkAbout051 - 05/21/1996 - AMENDING CITY CODE PERTAINING TO THE IMPOSITION OF CERTAIN CAPITAL IMPROVEMENT EXPANSION FEES ORDINANCE NO. 51, 1996
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 29 OF THE CITY CODE BY THE ADDITION OF A
NEW ARTICLE VI PERTAINING TO THE IMPOSITION OF CERTAIN
CAPITAL IMPROVEMENT EXPANSION FEES
WHEREAS,the City of Fort Collins is a home rule municipality having the full right of self-
government in local and municipal matters under the provisions of Article XX, Section 6 of the
Colorado Constitution; and
WHEREAS, among the home rule powers of the City is the power to regulate, as a matter
of purely local concern, the development of real property within the City; and
WHEREAS, the City of Fort Collins' Comprehensive Plan shows that the rate of future
growth and development in Fort Collins will require a substantial expansion in capital library,
community park, police, fire, and general government facilities, and related capital equipment, if its
level of service standards for such facilities and equipment are to be maintained; and
WHEREAS, the City Council has determined that future growth and new development
should contribute its proportionate share of providing such capital improvements; and
WHEREAS, the adoption of capital improvement expansion fees that contribute this
proportionate share would assist in the implementation of this policy and the City's Comprehensive
Plan;
WHEREAS, the City Council has broad legislative discretion in determining the appropriate
funding mechanisms for financing the construction of public facilities in the City; and
WHEREAS,the City Council has determined that it would be in the best interests of the City
to establish certain capital improvement expansion fees to help defray the capital cost of expanding
the foregoing public facilities and improvements, in order to accommodate new development in the
City.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, as follows:
Section 1. That the City Council hereby makes the following findings of fact:
a. The City is responsible for and committed to the provision of public
facilities and services at levels necessary to protect the health, safety and welfare of
the residents of the City and to enhance their quality of life, within the financial
means of the City.
b. The provision of facilities and services to existing residences and
business in the City is an expense that should appropriately be funded by the City
using such general revenues, special taxes and assessments as may be approved from
time to time by the City Council for such purposes.
C. New residential and non-residential development in the City causes
increased and excessive demands on existing City facilities and services, including,
without limitation, general governmental services, library services, police and fire
protection services and community parks.
d. Planning projections indicate that such new development will
continue and will place ever increasing demands on the City to provide such
necessary public facilities and services.
e. It is necessary and advisable in the public interest to ensure that new
development does not negatively impact the provision of municipal services.
f. Relying upon existing revenue sources to fund the expansion of
capital improvements necessary to offset the impacts of new development will result
in a reduction in levels of services for existing city residents.
g. To the extent that new development places demands on the public
facility infrastructure of the City, those demands should be satisfied by revenues
derived from the developments actually creating such demands.
h. The City presently requires new development to pay certain fees to
offset the impacts of such new development on the City's neighborhood parks,
utilities and street system.
i. It is necessary and desirable in the interests of the City to develop a
rational system for identifying other growth-related costs incurred by the City in
providing new and expanded capital improvements made necessary by expanded
population levels and to develop a fee structure directly related to such costs and to
provide a method for the collection of such fees.
j. The City Council has carefully considered local and national studies
which establish existing levels of service for general governmental services, library
services,police and fire protection services and community parks;which demonstrate
the projected rate of expansion of the related capital facilities which will be necessary
in order to maintain those existing levels of service as the City's population
increases; and which further establish a rational method for allocating the cost of
funding such capital improvements.
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k. It is in the best interests of the City and its residents and necessary for
the preservation of the City's health, safety and welfare, to impose upon residential
and non-residential development in the City certain additional fees to finance the
construction of the public facilities referred to above, so as to recover from the
developers of real property in the City their fair and proportionate share of the cost
of expanding said public facilities to accommodate the increase in demands imposed
upon the same by such new development.
1. The capital improvement expansion fees for library facilities and
parklands should be assessed solely against residential properties, since the impacts
of new development on those facilities derive primarily from the increase in City
population.
M. The capital improvement expansion fees for police and fire protection
and general governmental services should not be assessed solely against residential
properties, since the impacts of new development on such services, derive not only
from the increase in population but also from the nature of the developed use of
property.
n. Having considered the size of the City, as well as the kinds of capital
improvements to be funded by the foregoing capital improvement expansion fees,the
City Council hereby finds that the revenues from such fees may be expended
anywhere within the boundaries of the City and that such expenditure will ensure that
feepayers receive sufficient benefit from the payment of such fees.
Section 2. That Chapter 29 of the City Code is hereby amended by the addition of a new
Article VI to read as follows:
ARTICLE VI. CAPITAL IMPROVEMENT EXPANSION FEES
DIVISION 1. GENERALLY
Sec. 29-691. Intent.
The provisions of this Article are intended to impose certain fees to be collected at
the time of building permit issuance in an amount calculated as shown herein for the
purpose of funding the provisions of additional capital improvements as the City's
population increases. The imposition of said fees is intended to regulate the use and
development of land by ensuring that new growth and development in the City bear
a proportionate share of the costs of capital expenditures necessary to provide
community park, library, police,fire, and general government capital improvements.
Said fees shall not be used to collect more than is necessary to fund such capital
improvements. The fees provided for in this Article are based on the city's Capital
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Improvement Expansion Cost Study, dated May 21, 1996, as amended, which
establishes a fair and equitable allocation of costs and recognizes past and future
payments for new development, as well as credits for construction, dedication of
land, or cash contributions. Funds collected from said fees shall not be used to
remedy existing deficiencies,but only to provide new capital improvements which
are necessitated by new development. The amount of revenue generated by said fees
shall not exceed the cost of providing the capital improvements for which they are
imposed, and the same shall be expended solely to provide the specified capital
improvements.
Sec. 29-692. Definitions.
When used in this Article,the following words and terms shall have the following
meanings:
Building permit shall mean the permit required for new construction and additions
pursuant to Sec. 29-5(a) of the Code. The term building permit, as used herein, shall
not be deemed to include permits required for remodeling, rehabilitation or other
improvements to an existing structure or rebuilding a damaged or destroyed structure
unless: (a) in the case of a residential use, such remodeling, expansion or
improvement results in the creation of one or more new dwelling units, or (b) in the
case of a commercial or industrial use, such remodeling, expansion or improvement
increases the gross square footage of the existing structure(s).
Capital improvements shall mean the purchase or long-term lease or lease-purchase
of real property, the construction of public facilities, or the purchase or long-term
lease or lease-purchase of equipment or materials needed to facilitate the operation
of such facilities or the delivery of services therefrom, to the extent that such
property, improvements, equipment or materials are identified in the city's capital
improvements plan as being totally or partially financed by the imposition of capital
improvement expansion fees. For the purposes of this provision, long-term lease or
lease-purchase shall mean a lease or lease-purchase of not less than five (5), subject
to annual appropriation. Amounts expended for capital improvements shall include
amounts that are treated as capitalized expenses according to generally accepted
accounting principles and shall not include costs associated with the operation,
administration, maintenance or replacement of capital improvements.
Capital improvements plan shall mean that part of the city's Comprehensive Plan
which contains:
(a) Standards for levels of service for the specified capital
improvements;
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(b) Proposed cost estimates and funding sources for such capital
improvements; and
(c) A proposed schedule for the acquisition and/or construction
of such capital improvements.
Commercial development shall mean any development approved by the city,except
development approved for residential, industrial and/or light industrial use.
Developed parcel shall mean that portion of a site which is approved by the city for
development.
Development shall mean any man-made change to improved or unimproved real
property.
Feepayer shall mean a person or entity who is obligated to pay a fee in accordance
with the provisions of this Article.
Industrial development shall mean any development approved by the city for
industrial or light industrial use.
Residential development shall mean any development approved by the city for
residential use.
Site shall mean the land on which development takes place.
See. 29-693. Calculation of capital improvement expansion fees.
For each category of capital improvements for which a capital improvement
expansion fee is established under the provisions of this Article, the amount of each
such capital improvement expansion fee shall be determined on a per dwelling unit
basis according to the gross floor area of each such dwelling unit (in the case of
residential development) or on the basis of each square foot of new construction (in
the case of commercial or industrial development). The amount of the fee will be
increased annually according to the Denver-Boulder Consumer Price Index for Urban
Consumers, as published by the Bureau of Labor Statistics.
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Sec. 29-694. Imposition, computation and collection of fees.
Payment of the fees imposed under the provisions of this Article shall be required
as a condition of approval of all development in the city for which a building permit
is required. The amount of such fees has been calculated using current levels of
service and the data and methodologies described in Capital Lmprovement Expansion
Cost Study, dated May 21, 1996, as amended. The fees due for such development
shall be payable by the feepayer to the Building Permits and Inspector Division
Director prior to or at the time of issuance of the first building permit for the property
to be developed,unless an agreement has been executed by the city which provides
for a different time of payment. If the building permit for which a fee has been paid
has expired, and an application for a new building permit is thereafter filed, any
amount previously paid for a capital improvement expansion fee and not refunded
by the city shall be credited against any additional amount due under the provisions
of this Article at the time of application for the new building permit.
Sec. 29-695. Offsets and credits.
(a) The city shall offset the reasonable costs of any capital
improvements constructed,or real property dedicated,by or on behalf
of any property owner or developer of real property from whom a fee
is due and payable under this Article for that category of capital
improvement, pursuant to the following requirements and any
additional administrative regulations that may be established by the
City Manager:
(1) No offset or credit shall be given for the dedication or
construction of capital improvements not shown on
the city's capital improvements plan,unless otherwise
agreed to by the city.
(2) No offset or credit shall exceed the amount of the
applicable fee(s) due from the property owner or
developer; provided, however, that if the amount of
the credit or offset due from the dedication or
construction of a capital improvement is calculated to
be greater than the amount of the fee due, nothing
herein shall be construed as preventing the city from
entering into a reimbursement agreement with the
property owner or developer under other applicable
provisions of this Code, whereby said property owner
or developer may be reimbursed by subsequent
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property owners benefitting from the dedication or
construction.
(3) If an offset or credit has not been exhausted within ten
(10)years of the date of issuance of the first building
permit for which a fee was due and payable under the
provisions of this Article,or within such other period
as may be designated in writing by the city, such
offset or credit shall lapse.
(4) A property owner or developer claiming entitlement
to an offset or credit shall apply for the same prior to
or at the time of application for the issuance of any
building permit for the development in question,
which application shall be on a form provided by the
city for such purpose. Upon receipt of such
application, the Financial Officer shall determine, in
writing,the maximum value of the offset or credit that
may be applied against fees due and payable from the
applicant.
(b) Any offset or credit claimed under the provisions of this
section shall be applied in the following manner:
(1) In the case of residential developments, the offset or
credit shall be prorated among all residential
structures in which the offset or credit is to be applied,
and shall be applied at the time of filing and
acceptance of the application for the building permit
for each such structure.
(2) In the case of commercial and industrial development,
the offset or credit shall be applied to the fees due
under the provisions of this Article at the time of
issuance of the first building permit for such
development,and thereafter to all subsequently issued
building permits until the offset or credit has been
exhausted.
(c) In his or her sole discretion, the City Manager may authorize
alternative credit or offset agreements upon petition by a property
owner or developer, in accordance with established administrative
guidelines.
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Sec. 29-696. Establishment of accounts.
The Financial Officer shall establish separate accounts for each of the fees imposed
under the provisions of this Article, into which shall be deposited all fees collected
for each such category of capital improvement. Interest earned on each such account
shall be considered funds of the account and shall be used solely for the purposes
authorized for such funds as provided herein. The Financial Officer shall establish
adequate financial and accounting controls to ensure that fees disbursed from each
such account are utilized solely for the purposes authorized.
Sec. 29-697. Use of fee proceeds.
(a) The fees collected for each category of capital improvement
specified in Division 2 of this Article shall be used to finance or to
recoup the costs of any capital improvements identified in the
applicable capital improvements plan, which costs may include,
without limitation, design, surveying and engineering fees; the cost
of purchasing or leasing real property; construction costs; other
capital improvement costs; and the costs of administering the capital
improvement expansion fee program.The proceeds of such fees may
also be used to pay the principal sum and interest and other finance
costs on bonds, notes or other obligations issued by or on behalf of
the city to finance such capital improvements. The City shall be
entitled to retain four (4) percent of the fees collected under this
Article to cover the costs associated with the collection of the same,
and the administration, investment, accounting, expenditure, and
auditing of the funds collected.
(b) Fees collected under the provisions of this Article shall not be
used to pay for any of the following expenses:
(1) Costs incurred for the construction, acquisition or
expansion of capital improvements or assets other
than those identified in the applicable capital
improvements plan; or
(2) Costs incurred for the repair or maintenance of
existing or new capital improvements or facilities
expansions;
(3) Costs incurred for the ongoing administration or
operation of the funded capital improvements.
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(c) Annually, the City Manager shall present to the City Council
a proposed capital improvement program for each capital
improvement for which a capital improvement expansion fee is
charged. Such program shall assign funds, including any accrued
interest,from the several capital improvement expansion fee accounts
to specific capital improvement projects and related expenses.
Sec. 29-698. Appeals.
(a) Any property owner or developer may appeal the following decisions
to the City Manager,pursuant to such administrative hearing process as may
be established by the City Manager:
(1) The applicability of any fee to the development;
(2) The amount of any such fee;
(3) The availability, amount or application of any offset
or credit; or
(4) The amount of any refund, as determined by the
Financial Officer, under the provision of Section 29-
700 below.
(b) The burden of proof in any such hearing shall be on the applicant to
demonstrate that the amount of fee or offset or credit was not properly
calculated by the city. In the event of an appeal of the amount of a fee, the
feepayer shall, at his or her expense,prepare and submit to the City Manager
an independent fee calculation study for the fee in question. The independent
fee calculation study shall follow the methodologies used in the Capital
Improvement Expansion Cost Studv, dated May 21, 1996, as amended. The
independent fee calculation study shall be conducted by a professional in
impact analysis. The burden shall be on the feepayer to provide the City
Manager all relevant data, analysis and reports which would assist the City
Manager in determining whether the capital improvement expansion fee
should be adjusted.
(c) All appeals must state with specificity the reasons for the appeal and
shall contain such data and documentation upon which the applicant seeks to
rely. The City Manager shall notify the applicant of the hearing date on the
application, which notice shall be given no less than fifteen (15) working
days prior to the date of the hearing. At the hearing, the City Manager shall
provide the applicant and city staff an opportunity to present testimony and
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evidence regarding the fee, credit, offset or refund being appealed. The City
Manager shall modify said amount only if there is substantial competent
evidence in the record that the city erred, based upon the methodologies
contained in the CLapital Improvement Expansion Cost Studv, dated May 21,
1996, as amended. The decision of the City Manager shall be final.
Sec. 29-699. Entitlement to Refunds.
(a) All fees collected pursuant to this Article shall be appropriated
by the City Council for expenditure within seven (7) years from the
date of payment of such fees and shall be expended by the city for
purposes approved herein within ten (10) years of the date of
payment. Any fees not so appropriated or expended shall be
refunded, upon application, to the record owner of the property for
which the impact fee was paid or, if the impact fee was paid by
another governmental entity, to such governmental entity, together
with interest calculated from the date of collection to the date of
refund;provided,however, that the city shall retain an additional two
(2) percent of the fee to offset the cost of refund.
(b) In determining whether fee revenues have been appropriated
or expended within the requisite periods of time specified in
subparagraph (a), monies in the applicable capital improvement
expansion fee accounts shall be considered to be appropriated and
expended on a first in, first out basis; that is, the first fees paid shall
be considered the first fees appropriated and expended.
(c) Any application for a refund under the provisions of this
Section shall be made within one hundred eighty (180) days of the
expiration of the ten (10) year period following the date of payment
of such fee, according to the procedures described in Sections 29-698
and 29-700. If a refund is due hereunder, the amount of such refund
shall be divided proportionately among all applicants for refunds who
have filed applications during said one hundred eighty (180) day
period; provided, however, that in no event shall the amount of any
refund exceed the amount of the fee paid on behalf of the property for
which the refund is sought, plus interest at the rate of five percent
(5%) per annum.
Sec. 29-700. Procedure to obtain refund.
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(a) All applications for refund under this Article shall be submitted
to the Financial Officer. Each application shall be in a form
established by the Financial Officer, and shall contain the following:
(1) A copy of the dated receipt issued for payment of the
fee;
(2) A notarized, sworn statement that the applicant is the
current owner of the real property for which the fee
was paid and a certified copy of the current deed to
such property.
(b) The Financial Officer shall determine if the application for a
refund is sufficient on its face within five (5) working days. If the
Financial Officer determines that the application is not sufficient, a
written notice shall be mailed to the applicant within said period of
time specifying the deficiencies. No further action shall be taken on
the application until the deficiencies are remedied. Any such
deficiencies must be remedied within twenty (20) days of the date of
mailing of the notice from the Financial Officer, or prior to the
expiration of the period of time for filing an application for a refund
under Section 29-699(c), whichever is later. If the application is
determined sufficient, the Financial Officer shall notify the applicant,
in writing, of the application's sufficiency and that the application is
ready for review pursuant to the procedures and standards of this
section.
(c) Within ten (10) working days after the application is
determined sufficient, the Financial Officer shall determine whether
the city has appropriated and expended the fee(s)paid by the feepayer
within the periods of time required under Section 29-699(a). If so,
the application for refund shall be denied. If not, the applicant shall
be entitled to a refund, except that the city shall retain an additional
two (2) percent of the impact fee to offset the costs of administering
the refund.
(d) The decision of the Financial Officer with regard to any
refund may be appealed to the City Manager under the provisions of
Section 29-698.
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DIVISION 2. PARTICULAR PUBLIC FACILITIES
Sec. 29-701. Library capital improvement expansion fee.
(a) There is hereby established a library capital improvement
expansion fee which shall be imposed pursuant to the provisions of
this Article for the purpose of funding capital improvements related
to the provision of general library services, as such improvements
may be identified in the capital improvements plan for library
services. Such fee shall be payable prior to the issuance of any
building permit for a residential structure. The amount of such fee
shall be determined per dwelling unit as follows:
700 sq. ft. and under $ 133.00
701 to 1200 sq. ft. $ 197.00
1201 to 1700 sq. ft. $ 230.00
1701 to 2200 sq. ft. $ 263.00
2201 sq. ft. and over $ 322.00
In the case of duplexes and multi-family structures,the amount of the
fee for each dwelling unit shall be based upon the average size of the
dwelling units contained within each such structure.
(b) All fees collected under this Section shall be deposited into a
separate account within the Capital Improvement Expansion Fund to
be known as the "Library Capital Improvement Expansion Account."
This account shall be an interest bearing account, and any interest
income earned on the fees shall be credited to the account. Funds
withdrawn from the Library Capital Improvement Expansion Account
shall be used only for the purposes specified in subparagraph (a) of
this Section and said expenditures shall be subject to the provisions
of this Article.
Sec. 29-702. Community parkland capital improvement expansion fee.
(a) There is hereby established a community parkland capital
improvement expansion fee which shall be imposed pursuant to the
provisions of this Article for the purpose of funding capital
improvements related to the provision of community parks, as such
improvements may be identified in the capital improvements plan for
community parkland. Such fee shall be payable prior to the issuance
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of any building permit for a residential structure. The amount of such
fee shall be determined per dwelling unit as follows:
700 sq. ft. and under $ 540.00
701 to 1200 sq. ft. $ 800.00
1201 to 1700 sq. ft. $ 934.00
1701 to 2200 sq. ft. $ 1,069.00
2201 sq. ft. and over $ 1,308.00
In the case of duplexes and multi-family structures,the amount of the
fee for each dwelling unit shall be based upon the average size of the
dwelling units contained within each such structure.
(b) All fees collected under this Section shall be deposited into a
separate account within the Capital Improvement Expansion Fund to
be known as the "Community Parkland Capital Improvement
Expansion Account." This account shall be an interest bearing
account, and any interest income earned on the fees shall be credited
to the account. Funds withdrawn from the Community Parkland
Facilities Account shall be used only for the purposes specified in
subparagraph (a) of this Section and said expenditures shall be
subject to the provisions of this Article.
Sec. 29-703. Police capital improvement expansion fee.
(a) There is hereby established a police capital improvement
expansion fee which shall be imposed pursuant to the provisions of
this Article for the purpose of funding capital improvements related
to the provision of police services, as such improvements may be
identified in the capital improvements plan for police services. Such
fee shall be payable prior to the issuance of any building permit for
a residential,commercial or industrial structure. The amount of such
fee shall be determined as follows:
Residential buildings (per dwelling unit)
700 sq. ft. and under $ 50.00
701 to 1200 sq. ft. $ 71.00
1201 to 1700 sq. ft. $ 84.00
1701 to 2200 sq. ft. $ 96.00
2201 sq. ft. and over $ 117.00
Commercial buildings (per 1000 square feet)$ 103.00
Industrial buildings (per 1000 square feet) $ 28.00
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In the case of duplexes and multi-family structures, the amount of the
fee for each dwelling unit shall be based upon the average size of the
dwelling units contained within each such structure.
(b) All fees collected under this Section shall be deposited into a
separate account within the Capital Improvement Expansion Fund to
be known as the"Police Capital Improvement Expansion Account"
This account shall be an interest bearing account, and any interest
income earned on the fees shall be credited to the account. Funds
withdrawn from the Police Capital Improvement Expansion Account
shall be used only for the purposes specified in subparagraph (a) of
this Section and said expenditures shall be subject to the provisions
of this Article.
Sec. 29-704. Fire protection capital improvement expansion fee.
(a) There is hereby established a fire protection capital
improvement expansion fee which shall be imposed pursuant to the
provisions of this Article for the purpose of funding capital
improvements related to the provision of fire services, as such
improvements may be identified in the capital improvements plan for
fire protection services. Such fee shall be payable prior to the
issuance of any building permit for a residential, commercial or
industrial structure. The amount of such fee shall be determined as
follows:
Residential buildings (per dwelling unit)
700 sq. ft. and under $ 55.00
701 to 1200 sq. ft. $ 78.00
1201 to 1700 sq. ft. $ 92.00
1701 to 2200 sq. ft. $ 106.00
2201 sq. ft. and over $ 129.00
Commercial buildings (per 1000 square feet)$ 113.00
Industrial buildings (per 1000 square feet) $ 31.00
In the case of duplexes and multi-family structures,the amount of the
fee for each dwelling unit shall be based upon the average size of the
dwelling units contained within each such structure.
(b) All fees collected under this Section shall be deposited into a
separate account within the Capital Improvement Expansion Fund to
be known as the "Fire Protection Capital Improvement Expansion
Account."This account shall be an interest bearing account, and any
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interest income earned on the fees shall be credited to the account.
Funds withdrawn from the Fire Protection Capital Improvement
Expansion Account shall be used only for the purposes specified in
subparagraph (a) of this Section and said expenditures shall be
subject to the provisions of this Article.
Sec. 29-705. General governmental capital improvement expansion fee.
(a) There is hereby established a general governmental capital
improvement expansion fee which shall be imposed pursuant to the
provisions of this Article for the purpose of funding capital
improvements related to the provision of general governmental
services, as such improvements may be identified in the capital
improvements plan for general governmental services. Such fee shall
be payable prior to the issuance of any building permit for a
residential, commercial or industrial structure. The amount of such
fee shall be determined as follows:
Residential buildings (per dwelling unit)
700 sq. ft. and under $ 92.00
701 to 1200 sq. ft. $ 130.00
1201 to 1700 sq. ft. $ 154.00
1701 to 2200 sq. ft. $ 177.00
2201 sq. ft. and over $ 215.00
Commercial buildings (per 1000 square feet)$ 167.00
Industrial buildings (per 1000 square feet) $ 46.00
In the case of duplexes and multi-family structures,the amount of the
fee for each dwelling unit shall be based upon the average size of the
dwelling units contained within each such structure.
(b) All fees collected under this Section shall be deposited into a
separate account within the Capital Improvement Expansion Fund to
be known as the "General Governmental Capital Improvement
Expansion Account" This account shall be an interest bearing
account, and any interest income earned on the fees shall be credited
to the account. Funds withdrawn from the General Governmental
Capital Improvement Expansion Account shall be used only for the
purposes specified in subparagraph (a) of this Section and said
expenditures shall be subject to the provisions of this Article.
Section 3. That Chapter 8, Article III of this Code is hereby amended so as to add the
following new sections:
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Sec. 8-92. The capital improvement expansion fund.
There is hereby created a fund to account for the acquisition, construction and
development of capital improvements as defined in Section 29-692. Revenues shall
include all fees collected pursuant to Chapter 29, Article VI and expenditures shall
be made solely for the purposes described therein.
Sec. 8-93. The general governmental capital improvement expansion
account.
There is hereby created an account within the capital improvement expansion fund
to account for the acquisition,construction and development of capital improvements
related to the provision of general governmental services, as described in the capital
improvements plan for general governmental services. Revenues shall include all
fees collected pursuant Section 29-700(a). Expenditures shall be made solely for the
purposes described in Section 29-700(b) and according to all other applicable
provisions of Chapter 29, Article VI.
Sec. 8-94. Library capital improvement expansion account.
There is hereby created an account within the capital improvement expansion fund
to account for the acquisition,construction and development of capital improvements
related to the provision of library services, as described in the capital improvements
plan for library services. Revenues shall include all fees collected pursuant Section
29-701(a). Expenditures shall be made solely for the purposes described in Section
29-701(b) and according to all other applicable provisions of Chapter 29, Article VI.
Sec. 8-95. Community parkland capital improvement expansion account.
There is hereby created an account within the capital improvement expansion fund
to account for the acquisition,construction and development of capital improvements
related to the provision of community parklands, as described in the capital
improvements plan for community parkland. Revenues shall include all fees
collected pursuant Section 29-702(a). Expenditures shall be made solely for the
purposes described in Section 29-702(b) and according to all other applicable
provisions of Chapter 29, Article VI.
Sec. 8-96. Police capital improvement expansion account.
There is hereby created an account within the capital improvement expansion fund
to account for the acquisition,construction and development of capital improvements
related to the provision of police services, as described in the capital improvements
plan for police services. Revenues shall include all fees collected pursuant Section
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29-703(a). Expenditures shall be made solely for the purposes described in Section
29-703(b) and according to all other applicable provisions of Chapter 29, Article VI.
Sec. 8-97. Fire protection capital improvement expansion account.
There is hereby created an account within the capital improvement expansion fund
to account for the acquisition,construction and development of capital improvements
related to the provision of fire protection services to city residents, as described in the
capital improvements plan for fire protection. Revenues shall include all fees
collected pursuant Section 29-704(a). Expenditures shall be made solely for the
purposes described in Section 29-704(b) and according to all other applicable
provisions of Chapter 29, Article VI.
Section 4. That Chapter 23,Article VIU, Division 3, is hereby amended so that the title
of said Division shall read "Acquisition and Development of Neighborhood Parks," and so that
Section 23-227(a) and Section 23-228 shall read in their entirety as follows:
Sec. 23-227. Collection of fee for utility service.
(a) Hereafter,no original permanent connection for utility service
shall be permitted by the city for any dwelling unit outside or inside
the limits of the city until a fee of eight hundred thirteen dollars
($813.) per dwelling unit connected is paid to the Financial Officer.
All such payments shall be deposited by the Financial Officer in the
fund created in § 8-80. Only one (1) fee of eight hundred thirteen
dollars ($813.) shall be charged for any dwelling unit. No additional
fee for acquisition and development of neighborhood parks shall be
charged for additional utility connections to the same dwelling unit.
If any structure already connected to a city utility is remodeled so that
the number of dwelling units within such structure is increased, an
additional fee of eight hundred thirteen dollars ($813.) for each
additional unit added in the structure shall be payable by the property
owner and collected before the building permit for such remodeling
is issued.
Sec. 23-228. Dedication of land in lieu of fee.
In lieu of the payment of any fees required in this Division, an owner of lands may
negotiate with the city for the dedication of lands to be used for neighborhood park
purposes. If a satisfactory agreement is reached for the dedication of such lands, the
price established for such lands may be credited on the fees to be charged under this
Division and the agreement reached between the parties shall be set forth in writing
and kept on file in the office of the City Clerk. Similarly, a credit on the fees to be
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charged under this Division may be given on account of the development of lands
dedicated for neighborhood park purposes in such amount as may be negotiated for
and agreed upon between the city and any developer. Nothing contained in this
Section shall be construed to cancel or annul any agreement heretofore entered into
by the city concerning the dedication of parkland and credits on fees of the type
established by this Division, and all such agreements shall continue in full force and
effect, and any credits remaining under such agreement shall apply toward the fee
assessed by this Division.
Section 5. That Section 8-80 of the Code is hereby amended so as to read in its entirety
as follows:
Sec. 8-80. Neighborhood parkland fund.
There is hereby created a fund to account for the acquisition, development and
administration of neighborhood parks known as the neighborhood parkland fund.
Revenues shall include neighborhood parkland fees collected pursuant to § 23-227.
Expenditures shall be made for approved purposes for the acquisition, development
and administration of neighborhood parks, including purchases of new or
replacement park site equipment and plantings.
Section 6. That the provisions of this Ordinance are hereby found and declared to be in
furtherance of the health, safety, welfare and convenience of the citizens of the City and the same
shall be liberally construed so as to effectively carry out the purposes of this Ordinance.
Section 7. Should any sentence, section, clause, part or provision of this Ordinance be
declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of
the Ordinance as a whole, or any part thereof, other than the part declared to be invalid.
Section 8. The fees imposed under the provisions of this Ordinance shall take effect on
July 1, 1996,and shall not apply to any complete applications for building permits filed with the City
on or before June 28, 1996.
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Introduced, considered favorably on first reading, and ordered blished this 16th day
April, A.D. 1996, and to be presented for final passage on the 21 ay May, A.D. 19 .
yor
ATTEST:
City Clerk
Passed and adopted on final reading this 21st day of Ma , .D� 14996.
Mayor
ATTEST:
City Clerk
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