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HomeMy WebLinkAbout038 - 09/26/1968 - PROVIDING FOR THE ACQUISITION OF PARK LANDS, ASSESSING A FEE TO BE SELECTED FOR THE PURPOSE OF ACQUI ORDINANCE NO 38 1968 BEING AN ORDINANCE PROVIDING FOR THE ACQUISITION OF PARK LANDS ASSESSING A FEE TO BE SELECTED FOR THE PURPOSE OF ACQUIRING PARK LANDS AND ESTABLISHING A PARK FUND WHEREAS the City of Fort Collins has experienced and is experiencing a period of growth which is reflected in the increased population figures for the City as shown in recent years and WHEREAS because of such growth it is necessary that the City acquire and provide additional parks for the inhabitants of the City of Fort Collins and WHEREAS it has been determined by the City Council that it is most fair and equitable that the cost of such newly acquired parks be borne by the owners of newly constructed dwelling units in the City of Fort Collins for the reason that the present inhabitants of the City have already established parks which will satisfy the needs of such inhabitants NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS Section 1 Definitions As used in this ordinance the following words and phrases shall have the following meanings A Dwelling unit - shall mean one or more rooms and a single kitchen designed for or occupied as a unit by one family for living and cooking purposes located in a one-family or multiple-family dwelling In addition each mobile home space each fraternity house and each boarding or rooming house in the City of Fort Uollins shall be considered for the purpose of this ordinance to be a dwelling unit B Mobile home space shall mean any place designed for the placement of a mobile home or trailer and improved with City utilities C Original permanent connection for utility service shall mean the first time any dwelling unit is connected to any of the utilities furnished by the City of Fort Collins not including temporary connections during a period of construction In the event any existing structure is altered or changed so as to create more dwelling units than previously existed in such structure then the time of connection of utility service to such additional dwelling units shall also be considered original permanent connection for utility service Section 2 Park Acquisition Fund There is hereby created a fund for the acquisition of park lands pursuant to the authority contained in Section 27 Article V of the Charter of the City of Fort Collins In to such fund shall be deposited all monies collected pursuant to the provisions of this ordinance and the monies in such fund shall be expended solely for the purpose of acquiring park lands in such manner as shall be directed by the City Council of the City of Fort Collins Section 3 Collection of Fee 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 of Fort Collins until a fee of $40 00 per dwelling unit connected is paid to the Director of Finance of the City of Fort Collins All such payments shall be deposited by the Director of Finance in the fund created by this ordinance Only one fee of $40 00 shall be charged for any dwelling unit and no additional fee for acquisition for park lands shall be charged for additional utility connections to the same dwelling unit Section 4 In lieu of the payment of any fees required in this ordinance an owner of lands may negotiate with the City of Fort Collins for the dedication of lands to be used for park purposes In the event a satisfactory agreement is reached with the City r � Of Fort Collins for the dedication of such lands the price established for such lands may be credited on the fees to be charged under this ordinance and in such event the agreement reached between the parties shall be set forth in writing and kept on file in the office of the City Clerk of the City of Fort Collins Nothing contained in this section shall be construed to cancel or annul any agreement heretofore entered into by the City concerning the dedication of park land and credits on fees of the type established by this ordinance 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 ordinance Section 5 This ordinance shall become effective on the 6th day of October A D 1968 Section 6 Section 3 5C of Ordinance No 21 of 1968 is hereby repealed Introduced considered favorably on first reading and ordered published this 5th day of September A D 1968 and to be presented for final passage on the 26th day of September A D 1968 May ATTEST City Clerk Passed and adopted on final reading this 26th day of September A D 1968 yor ATTEST City Clerk -2-