Loading...
HomeMy WebLinkAbout05576ORDINANCE NO. 5576 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XII OF THE 1971 CODE OF ORDINANCES RELATING TO COST RECOVERY OF STREET IMPROVEMENTS BY SUBDIVIDERS AND IMPOSING LIABILITY FOR A PORTION THEREOF UPON ABUTTING PROPERTY BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate material being deleted; underscoring indicates new material being added.) SECTION 1. Chapter 4, Title XII of the 1971 Code of Ordinances is hereby amended by the addition of a new section 12 to read as follows: (a) For purposes of this section, certain terms and words are defined or limited as follows: (1) owner(s) means the owner(s) of property abutting street improvements. (2) street improvements means constructing or otherwise improving streets or widening streets and includes installation of paving, curbs, gutters and street lighting. (3) incidentals means and includes, without limitation, medians, acceleration and deceleration lanes, streets signs, traffic signals, and survey monuments. (4) improvements means street improvements and incidentals. (5) cost recovery means a pro rata share of the actual cost of constructing street improvements including related engineering costs computed and allocated on a front foot basis and, if the owner's subdivision was first in time and incidentals would have been required to be installed by the owner, an equitable allocation of the cost of such incidentals. (6) Director means the Director of Public Works. (7) Commission means the Planning and Zonin Commission. (b) When a subdivider is required under this Chapter to construct or install improvements through or adjacent to property not in his subdivision, the subdivider shall pay the entire costs of the improvements and thereafter be eligible for cost recovery as provided by this section. (c) The subdivider shall: enter_ into a contract with the Cit in form and content consistent with the provisions of this section prior to final approval of the subdivision plat. and, (2) file with the Director within sixty (60) days after completion of the improvements (i) a cost recovery statement on forms furnished by City certifying the actual cost of improvements together with receipts and other evidence of such costs, and (ii) a list of the names and addresses of the record owners and legal descriptions of property abutting the street improve- ments verified by the subdivider to be true and accurate together_ with a certificate thereof from the office of the Pueblo County Assessor. If the subdivider fails to timely comply with both (1) and (2) above, the subdivider will be ineligible for cost recovery. (d) The Director_ shall determine cost recovery and allocation to abutting property based upon the subdivider_'s cost recovery statement and such other information concerning the improvements and cost as he shall deem relevant. The - Director's determination shall be final and binding upon all parties unless upon appeal the Commission finds the Director abused his discretion. The Director shall mail by first class mail, postage prepaid, written notice of his determina- tion to the subdivider and owners as shown by the subdivid- er's verified list. If the subdivider_ or any owner_ disagrees with the Director's determination, such party may appeal the determination to the Commission by filing written notice of appeal with the Director of Zoning within thirty (30) days after_ the date of the mailing of the notice of determination specifying in detail his grounds for such disagreement The Commission shall conduct a hearing on the appeal and sustain the determination of the Director if it finds he did not exceed his jurisdiction or abuse his discretion and, if it finds the Director exceeded his jurisdiction or abused his discretion, the Commission shall return the matter to the Director_ for redetermination consistent with the Commission's written finding. Upon final determination of cost recovery, the Director shall cause to be filed in the office of the Pueblo County Clerk and Recorder a statement describing the property abutting the street improvements and advising the owners that if all or any portion of the abutting property is -2- thereafter_ included in a subdivision, cost recovery may be required to be paid pursuant to this section. The cost of mailing notices and recording statements shall be paid by the subdivider. (e) The owners of property abutting such street improvements shall, prior to final ap roval of any subdivi- sion plat which includes all or any p ortion of such abuttin property, pay to the City for the use and benefit of the subdivider the cost recovery as herein determined and allocated for that portion of the abutting p roperty included within the subdivision, together with interest thereon at the rate of eight (8) percent per year for a period not to exceed ten (10) years computed from the date the improvements were accepted by the City. Liability for cost recovery shall be limited to f ifteen (15) years after acceptance of the improvements by the City. SECTION 2. If any provision of this Ordinance shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. SECTION 3. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: December 11 , 1989 ATTEST: APPROVED: C'ty Clerk President of the City Council By SAMUEL CORSENTINO Councilman TJ 38.58 -3-