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:
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