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HomeMy WebLinkAbout06855ORDINANCE NO. 6855 AN ORDINANCE AMENDING SUBSECTION (e) OF SECTION 7, CHAPTER 4, TITLE XII OF THE PUEBLO MUNICIPAL CODE RELATING TO PLATS AND SUBDIVISIONS WHICH REQUIRES DEDICATION OF LAND OR CASH PAYMENT IN LIEU OF LAND DEDICATION FOR PARKAND RECREATION FACILITIES WHEREAS, the City Council previously adopted Section 12- 4 -7(e) of the Pueblo Municipal Code imposing requirements to dedicate land or to make a cash payment in lieu of land dedication for park and recreation facilities to serve residential subdivisions and future residents thereof ( "Park Requirements "), and WHEREAS, the Park Requirements were enacted for the purpose of defraying projected impacts on park and recreation facilities caused by proposed development, and WHEREAS, in the reasonable judgment of the City Council the Park Requirements were established at levels no greater than necessary to defray the impacts determined by the City Council to be directly related to the subdivision of land for residential use and not intended to remedy any deficiencies in park and recreation facilities without regard to the proposed development, and WHEREAS, in adopting Section 12- 4 -7(e) of the Pueblo Municipal Code, the City Council intended and now intends and has determined that the Park Requirements are designed to and do address the need for park and recreation facilities brought about by development generally, which requirements are separate and distinct from the impacts addressed by other requirements of the Pueblo Municipal Code and in no circumstances do the Park Requirements address the same subject as other requirements of the Pueblo Municipal Code for site - specific dedications or improvements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 Paragraph (3) of subsection (e) of Section 7, Chapter 4, Title XII of the Pueblo Municipal Code is amended to read as follows, and said subsection (e) of Section 7 is further amended by the addition of the following new paragraphs (8) and (9): (3) Cash payments made in lieu of land dedication shall be deposited with the City and held in an interest - bearing account [a special fund] to be used solely for the purpose of acquiring and developing [providing] park and recreation facilities [and the maintenance thereof] to serve such subdivisions and future residents thereof. Any interest or other income earned on monies deposited in said interest- -1- bearing account shall be credited to the account. Park and recreation facilities shall include pedestrian and bicycle trails and neighborhood and district parks to serve such subdivisions. City shall be entitled to retain four (4) percent of the cash payments made in lieu of land dedication to cover costs of collection and administration of the cash payments and income therefrom. fM No subdivider shall be required to dedicate land or pay a fee in lieu of land dedication to meet the same need for park and recreation facilities for which this subsection (e) is imposed. U9,) All cash payments made in lieu of land dedication shall be expended by the City for the purposes approved in this subsection (e) within twelve (12) years of the date of payment on a first in, first out basis, that is, the first fees paid shall be considered the first fees expended. Fees not so expended shall be refunded with interest at the rate of four percent (4 %) from the date of payment, upon application, to the subdivider making the cash payment. Applications shall be made, in writing to the Director of Finance within six (6) months after the expiration of the twelve - year period following the date of payment. Applications for refund shall be accompanied by a copy of the dated receipt issued for payment of the cash payment made in lieu of land dedication or evidence satisfactory to the Director of Finance that the fee was paid, when and by whom, together with proof that the applicant is the subdivider who made the payment or, if not the subdivider, that the applicant is lawfully entitled to the payment as the heir, personal representative, successor or assignee of the subdivider who made the payment. SECTION 2 If any section or provision of this Ordinance shall for any reason be determined to be invalid or unenforceable, such determination shall not affect any of the remaining sections and provisions of this Ordinance. SECTION 3 This Ordinance shall become effective upon final passage. INTRODUCED: June 24, 2002 By: Al Gurule NCILPERSON APPROVED: PRESIDENT OF THE CITY COUNCIL ATTESTED BY: , 2��' CITY CLERK PASSED AND APPROVED: juivq, 2042 -2-