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
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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
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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-