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HomeMy WebLinkAbout200 - 02/05/1985 - AMENDING CHAPTER 95 OF THE CITY CODE TO PROVIDE FOR THE REIMBURSEMENT OF CITY EXPENSES IN CONSTRUCTI 0 ORDINANCE NO. 200, 1984 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 95 OF THE CODE OF THE CITY OF FORT COLLINS TO PROVIDE FOR THE REIMBURSEMENT OF CITY EXPENSES IN CONSTRUCTING THE LOCAL PORTION OF STREETS ADJACENT TO UNDEVELOPED LAND WHEREAS, it is in the best interest of the citizens of the City of Fort Collins to have a contiguous improved street system; and WHEREAS, it is in the established policy of the City that owners of adjacent properties bear the cost of constructing local street portions of public streets at the time the adjacent properties are improved or devel- oped; and WHEREAS, the City Council may from time to time deem it necessary to construct certain public streets before adjacent properties are improved or, developed; and WHEREAS, the City Council may desire to use available public funds to pay for the construction of the local street portion in anticipation that said funds may be recovered from the owners of adjacent properties normally having that obligation, upon improvement or development thereof. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 95 of the Code of the City of Fort Collins be amended by the addition of the following: ARTICLE XVI Street Repayment Obligation Section 95-98 Street Repayment Obligation. A. The construction of the local portion of a public street adjacent to undeveloped real property is hereby declared to be the obligation of the owner of the adjacent property at the time said property is developed or redeveloped. The timing of said 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 portion of such street shall include, without limitation , the construction of curb, gutter, pavement and sidewalk all meeting the engineering standards and criteria of the City. C. In the event that 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, as a condition of development or redevelopment approval , that the owner of such adjacent property repay to the City its cost in constructing such local portion of such street. The amount of such reimburse- ment 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 reimbursement be less than the original cost. These adjustments may be based on the construction cost index for Denver, Colorado, as published monthly by the Engineering News Record. Introduced, considered favorably on first reading, and ordered pub- lished this 18th day of December, A.D . 1984, and to be presented for final passage on the 5th day of February, A.D. 1985.) Mayor ATTEST: ity Uerk Q� 1985.Passed and adopted on final reading this 5th day of February, A.D. `P V Mayor 64 ATTEST: $Ityv erc -2-