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HomeMy WebLinkAbout06445ORDINANCE NO. 6445 AN ORDINANCE AMENDING SECTION 12, CHAPTER 4 OF TITLE XII OF THE 1971 CODE OF ORDINANCES OF THE CITY OF PUEBLO RELATING TO COST RECOVERY FOR STREET IMPROVEMENTS WHEREAS, at times subdividers subdividing land are required under Chapter 4 of Title XII of the 1971 Code of Ordinances of the City of Pueblo to construct or install at the subdivider's expense street improvements through or adjacent to property not in thesubdivider's subdivision, and WHEREAS, property adjacent to the street improvements is benefited by the construction and installation of the street improvements, and upon development of the adjacent properties, it would be fair and equitable that thesubdivider be reimbursed for that share of the costs of the street improvements benefiting the adjacent properties, and WHEREAS, the City Council adopted Section 12, Chapter 4 of Title XII of the 1971 Code of Ordinances to provide for such reimbursement, and WHEREAS, Section 12, Chapter 4 of Title XII of the 1971 Code of Ordinances should be amended to further define the conditions under which the owners of adjacent property benefited by the street improvements should make such reimbursement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (underscoring indicates material being added; brackets indicates material being deleted) SECTION 1. Section 12, Chapter 4 of Title XI I of the 1971 Code of Ordinances of the City of Pueblo is hereby amended to read as follows: Sec. 12 -4 -12. Cost recovery of street improvements by subdividers. (a) For purposes of this Section, certain terms and words are defined or limited as follows: (1) Owner means the owner 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, storm sewers and appurtenances, 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] subdivider's subdivision was first in time and incidentals would have been required to be installed by the [owner] subdivider an equitable allocation of the cost of such incidentals. (6) Director means the Director of Public Works. (7) Commission means the Planning and Zoning Commission. Existing subdivision means an approved subdivision requiring as part of its subdivision improvements the construction and installation of all or a portion of the street improvements constructed and installed by anothe subdivider for which cost recovery is available under this Section. (b) When a subdivider is required under this Chapter to construct or install improvements through or adjacent to property not in his or her 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: (1) Enter into a contract with the City in form and content consistent with the provisions of this Section prior to [final approval of the subdivision plat] construction or installation of the improvements and (2) File with the Director within sixty (60) days after completion of the improvements: (a) a cost recovery statement on forms furnished by the City certifying the actual cost of improvements, together with receipts and other evidence of such costs; and (b) a list of the names and addresses of the record owners and legal descriptions of property abutting the street improvements verified by the subdivider to be true and accurate, together with a certificate thereof from the office of the County Assessor. If the subdivider fails to timely comply with both Subparagraphs (1) and (2) above, the subdivider [will] may 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 or she shall deem relevant. The Director's determination shall be final and binding upon all parties unless, upon appeal, the Commission finds that the Director abused his or her discretion. The Director shall mail by first class mail, postage prepaid, written notice of his or her determination to the subdivider and owners as shown by the subdivider'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 the Department of Zoning Administration within thirty (30) days after the date of the mailing of the notice of determination specifying in detail his or her grounds for such disagreement. The Commission shall conduct a hearing on the appeal and sustain the determination of the Director if it finds that he or she did not exceed his or her jurisdiction or abuse his or her discretion and, if it finds that the Director exceeded his or her jurisdiction or abused his or her 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 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 thereafter included in a subdivision, or if a building permit is obtained for all or any portion of the abutting property that is in an existing 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 (1) [,] prior to final approval of any subdivision plat which includes all or any portion of such abutting property, or (ii) prior to the issuance of a permit to build a building or structure on all or any portion of such abutting property that is in an existing subdivision whichever the case may be, pay to the City for the use and benefit of thesubdivider the cost recovery as herein deter -mined and allocated for that portion of the abutting property included within the subdivision, or for which a building permit application has been made, together with interest thereon at the rate of eight percent (8 %) 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 fifteen (15) years after acceptance of the improvements by the City. (f) If for any reason the cost recovery is not paid as herein required, City shall not be liable or responsible to the subdivider. SECTION 2. If any provision of this Ordinance is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision of this Ordinance. SECTION 3. This Drdinance shall become effective upon final passage. INTRODUCED June 14, 1999 BY Rich Golenda Councilperson APPROVED: kt 2 A _ ' / I President of the Council ATTEST: City rk