HomeMy WebLinkAbout10441ORDINANCE NO. 10441
AN ORDINANCE AMENDING SECTION 12-5-5 OF THE
PUEBLO MUNICIPAL CODE RELATING TO STREET
VACATION APPLICATION FEES AND REAPPLICATIONS
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Section 12-5-5 of the Pueblo Municipal Code is hereby amended to read as follows
(brackets indicate matter being deleted, underscoring indicates new matter being
added):
Sec. 12-5-5. - \[Costs; Reapplying\] Application fee; Reapplication.
(a) \[Before any action shall be taken as provided by this Chapter by
the Planning and Zoning Commission, the applicant proposing the
vacation shall deposit with the Finance Department an application fee
of seventy-five dollars ($75.00). Under no conditions shall such sums
or any portion thereof be refunded for failure of such vacation to be
approved by the Planning and Zoning Commission.\] Before any action
shall be taken upon any application filed under this Chapter, the
applicant shall deposit with the Finance Department an application fee
in an amount as set forth by resolution of the City Council.
(b) \[After the Planning and Zoning Commission has made its
recommendations, an ordinance shall be prepared for presentation to
the City Council. An additional fee of seventy-five dollars ($75.00)
shall be charged to cover all necessary and reasonable costs incurred
by the City in processing such ordinance through the City Council.\] In
the event the proposed vacation is denied by the City Council, no new
or substantially similar request shall be made for the same within six
(6) months after such denial thereof.
\[(c) No deposit of money shall be required when such action is
initiated by the Planning and Zoning Commission. In the event the
proposed vacation is denied by the City Council, no new or
substantially similar request shall be made for the same within six
(6) months after such denial thereof.\]
SECTION 2.
The officers of the City are authorized to perform any and all acts consistent with this
Ordinance to implement the policies and procedures described herein.
SECTION 3.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on April 10, 2023.
Final adoption of Ordinance by City Council on April 24, 2023 .
President of City Council
Action by the Mayor:
☒ Approved on April 25, 2023 .
□ Disapproved on based on the following objections:
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk's Office Item # R6
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: April 24, 2023
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Andrew Hayes, Public Works Director
SUBJECT: AN ORDINANCE AMENDING SECTION 12-5-5 OF THE PUEBLO
MUNICIPAL CODE RELATING TO STREET VACATION APPLICATION
FEES AND REAPPLICATIONS
SUMMARY:
This Ordinance will amend Section 12-5-5 of the Pueblo Municipal Code to authorize
the establishment of a fee schedule for street vacation applications by Resolution of the
City Council.
PREVIOUS COUNCIL ACTION:
Resolution 14808, passed on February 14, 2022, established a fee schedule for
applications for various land use actions including street vacation applications.
BACKGROUND:
This Ordinance will correct a discrepancy in the required application fee costs between
Section 12-5-5 of the Code and Resolution No. 14808, which established an application
fee schedule for various land use actions (including street vacation applications). This
change aligns Section 12-5-5 of the Code with other sections by creating language
authorizing the collection of fees and directing those fees to be set by separate
resolutions of the City Council. It also simplifies the fee payment structure from a two-
step payment process to a one-time payment process when the application is
submitted.
The City's street vacation regulations codified in Chapter 5 of Title XII of the Pueblo
Municipal Code outline procedures for the processing of street vacation applications.
Section 12-5-5 of the Code establishes a fee of $150.00 for street vacation actions -
$75.00 before the application is processed and voted upon by the Planning and Zoning
Commission and another $75.00 before the application is presented to the City Council.
The proposed amendment would simplify the fee structure and authorize fees for street
vacation actions to be set by a Resolution of the City Council. A proposed fee schedule
has been established under Resolution 14808 and the fees for street vacation
applications specified therein would take effect immediately upon final approval of this
Ordinance.
FINANCIAL IMPLICATIONS:
Revenues generated from street vacation application fees would be deposited into the
City's General Fund.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
If the City Council does not approve this Ordinance, the current language in Section 12-
5-5 will remain in effect.
RECOMMENDATION:
Approve the proposed Ordinance.
ATTACHMENTS:
None