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HomeMy WebLinkAbout098 - 06/19/2001 - AMENDING CITY CODE TO INCLUDE ROW ACQUISITION AS A REIMBURSABLE COST OF THE CITY WHEN CONSTRUCTING S ORDINANCE NO. 98, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 24-95(c) OF THE CODE OF THE CITY OF FORT COLLINS TO INCLUDE RIGHT-OF-WAY ACQUISITION AS A REIMBURSABLE COST OF THE CITY WHEN CONSTRUCTING STREETS WHEREAS,the City Council has determined that the cost of land/right-of-way acquisition should be a reimbursable cost to developers who construct streets through undeveloped areas, as provided in Section 3.3.2(F)(2) of the Land Use Code, which section of the Land Use Code is, contemporaneously with this Ordinance, being amended to so provide; and WHEREAS, the City Council has further determined that when the City constructs streets through undeveloped areas, and expends public funds in acquiring right-of-way for such construction,the City's expense in such right-of-way acquisition also to be a reimbursable expense from subsequent developers taking access to such streets,and Section 24-95(c)of the Code should be amended accordingly. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 24-95(c)of the Code of the City of Fort Collins be,and hereby is,amended to read as follows: Sec. 24-95. Obligation for construction. (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 acquiring the necessary right-of-way and 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 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. 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 Sth day of June, A.D. 2001, and to be presented for final passage on the 19th day of June, A.D. 2001. Mayor ATTEST: - )" )L City Clerk Passed and adopted on final reading this 19th day of June, A.D. 2001. Mayor" ATTEST: City Clerk ,