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-
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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
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