6. Public Improvements
11-6-1: PUBLIC ROADWAYS, EASEMENTS, AND LAND FOR PUBLIC IMPROVEMENTS
11-6-2: GENERAL REQUIREMENTS
11-6-3: UNDERGROUNDING OF ELECTRIC AND COMMUNICATION LINES
11-6-4: PUBLIC AND PRIVATE IMPROVEMENT AGREEMENTS AND SURETY
11-6-5: DESIGN AND CONSTRUCTION OF IMPROVEMENTS
11-6-6: LOCAL IMPROVEMENT DISTRICTS
11-6-7: PROCEDURES FOR THE ESTABLISHMENT OF RECOVERY AND
11-6-8: DEDICATION OF PROPERTY FOR PUBLIC PURPOSES
11-6-9: VACATION OF PUBLIC ROADWAYS AND EASEMENTS
11-6-1: PUBLIC ROADWAYS, EASEMENTS, AND LAND FOR PUBLIC IMPROVEMENTS: (2534 3421)
(A) DUTY TO PROVIDE. As a condition to any approval required under this Title, the City may require the dedication of public roadways or rights-of-way for public access, utility easements and other lands for public use and the construction or installation of such public improvements as the City may deem are reasonably necessary to address such impacts as may be caused by a proposed development on public facilities or services. Further, the City may require the payment of an equivalent amount of cash in lieu of any required dedication.
(B) OVERSIZING. Subject to the cost recovery provisions of this Title, the City may also require, as a condition to any approval required under this Title, the dedication of such additional roadway, public access rights-of-way, and easements and the construction or installation of such other or additional public improvements as the City may deem are reasonably necessary for the orderly and logical extension of City facilities and services within the City as a whole.
11-6-2: GENERAL REQUIREMENTS. (2534) Except as provided in section 11-6-3(B), no final plat shall be approved nor shall a building permit be issued unless the developer agrees, pursuant to section 11-6-4, to provide the following public improvements required to serve the development:
(A) Water mains, fire hydrants, valves, and other appurtenant devices in such number, quantity, and dimension as will provide adequate service to the site being developed.
(B) Sanitary sewer mains, manholes, and sewer system appurtenances in such number, quantity, and dimension as will provide adequate service to the site being developed.
(C) Paved, improved streets with sidewalks, curb, and attendant structures in such dimension and location as will meet the pedestrian and traffic needs of the site being developed
(D) Storm sewers, detention facilities, channels, culverts, and attendant structures in such size and location as will provide adequate service to the site being developed, and as may reasonably be required by the City to provide a safe, functional, comprehensive storm drainage system for removal or attenuation of urban storm runoff to meet the overall needs of the City.
(E) Natural gas mains, telephone and electric lines, conduits, and attendant facilities as will provide adequate service to the site, as designed by the appropriate public utility agency.
(F) Street lighting and appurtenant conduits and structures necessary to serve the fully developed project as designed by the appropriate electric utility or the City using their standard design criteria.
(G) Dedication of land for and improvements to public parks and open space and other public lands as may be identified on the Official Development Plan for the site.
(H) Survey monuments at such subdivision boundary points as may be required by the City and Colorado Revised Statutes to verify and retrace the lines and points defined by the final plat.
(I) Rights-of-way and easements as may be required by the City to adequately accommodate placement and maintenance of the above-listed public facilities.
11-6-3: UNDERGROUNDING OF ELECTRIC AND COMMUNICATION LINES: (2534)
(A) Except as otherwise provided below, no plat shall be approved nor shall a building permit be issued unless the developer agrees to underground existing overhead electric and communication utility lines as required by section (B) below.
(B) All electric and communication utility lines and services and all street lighting circuits, except as hereinafter provided, shall be installed or relocated underground, both within and adjacent to the subdivision or development, except as follows:
1. Transformers, switching boxes, terminal boxes, meter cabinets, pedestals, ducts, and other facilities necessarily appurtenant to such underground and street lighting facilities when placed above ground within the utility easement provided therefor, or within the street or other public right-of-way as appropriate.
2. All facilities reasonably necessary to connect underground facilities or permitted overhead or above-ground facilities.
3. As approved by the City, overhead electric transmission and distribution feeder lines and overhead communication long distance trunk and feeder lines, existing or new.
4. Owners of improved residential lots or parcels shall not be required to participate in the cost of undergrounding utilities adjacent to the improved residential property.
(C) All work related to the undergrounding of utilities required by this Section shall be guaranteed in writing and surety shall be provided, in accordance with section 11-6-4 below.
(D) The City Engineer shall have the discretion of authorizing a cash payment in lieu of the undergrounding of utilities otherwise required by this Section if the City Engineer determines that the amount of the proposed payment is reasonably equivalent to the cost of such work and that the undergrounding may be more effectively and efficiently accomplished as part of a larger project at a future date.
(E) The City Council may waive or reduce the undergrounding requirements of this Section for any redevelopment or new subdivision or development where compliance with the regulations set forth in this Section would result in an unusual or unnecessary hardship or would be impractical as determined by the City Council. The City Council may also grant such waivers within the Westminster Urban Renewal Area based on a finding that the waiver will promote or is necessary to further the goals and objectives of the Urban Renewal Plan for the Area.
(F) Nothing in this Section shall be deemed or construed as in any way limiting or otherwise restricting the authority of the City to use any other means provided by state law to accomplish the undergrounding of utilities.
11-6-4: PUBLIC AND PRIVATE IMPROVEMENT AGREEMENTS AND SURETY REQUIREMENTS: (2534 3634 3664 3770)
(A) Except as provided in Section 11-5-16 (B), W.M.C., before the City Manager shall approve a final plat or, in the event that a final plat is not required, prior to issuing a building permit, the developer shall have submitted the following agreements and surety for the construction of public and private improvements for the development:
(1) A written agreement between the owner and the City for the installation of all public improvements, and a separate agreement for all private improvements, within one year from the date of plat approval, or such other period as may be approved by the City. Such agreements shall be in accordance with the City's standard forms of these agreements.
(2) Separate surety for the public and private improvements shall be required in form and amount sufficient to guarantee the performance of the obligations identified in the improvements agreements.
(a) Except as otherwise provided below, acceptable forms of surety are as follows:
(i) Surety Bond. A good and sufficient surety bond executed by a corporate surety duly licensed to do business in the State of Colorado, or by another appropriate institution having adequate assets to perform the terms of the surety as determined by the City, in an amount at least equal to 115 percent of the current cost of public facilities, such cost to be identified by the developer and approved by the City.
(ii) Cash Bond. A deposit with the Finance Director of cash or certified funds in an amount at least equal to 115 percent of the current cost of public facilities, such cost to be identified by the developer and approved by the City. Any interest earned on the cash bond shall be the property of the City.
(iii) Irrevocable Letter of Credit. An irrevocable letter of credit on a form established by the City, executed by a commercial bank insured by FDIC or other appropriate institution having adequate assets to perform the terms of the letter of credit as determined by the City. The form and conditions of such irrevocable letter of credit shall be approved by the City Attorney. The letter of credit shall be in an amount at least equal to 115 percent of the current cost of public facilities, such cost to be identified by the developer and approved by the City.
(iv) Plat Restriction. The owner's agreement which shall appear on the final plat that no lot, lots, tract, or tracts of land within the platted property shall be conveyed, sold or transferred until the required public facilities are constructed and are accepted by the City. The plat restriction may be utilized only for single-family detached residential subdivisions and in only those phases in which a building permit has not been issued. A plat restriction may be used as surety for public improvements only. The release of any plat restriction prior to the completion of all public improvement obligations pursuant to the public improvements agreement shall be given in the sole discretion of the City. No release shall be given unless the City has received an acceptable substitute form of surety in an amount equal to 100 percent of the current cost of completing any improvement at the time the release is requested plus 15 percent warranty surety for all improvements, or, if all the required improvements have been constructed and accepted into warranty, equal to 15 percent of the current cost of constructing the improvements at the time the public improvements agreement was executed.
(v) Other Guarantees. An owner may guarantee the construction of public improvements by such other methods as may be specifically approved by City Council.
(b) Any surety scheduled to expire prior to the completion of the obligations identified in the improvements agreement shall be renewed for a period of at least 6 months, at least 30 days prior to the scheduled date of expiration. Failure to provide for the renewal of any surety in accordance with this Subsection (b) shall be deemed a default by owner of owner's obligations under the improvements agreement and shall be grounds for demanding performance and/or cashing the surety.
(c) Surety amounts shall not be reduced without the prior written consent of the City. In its sole discretion the City may agree to a reduction in the amount of any surety provided pursuant to this Section to not less than 15 percent of the current cost of the improvements at the time the improvements agreement was executed if the owner has satisfied all of owner's obligations under said agreement except for owner's warranty obligations.
(3) For the purpose of this Section 11-6-4, "private improvements" shall include all on-site and off-site landscaping required to be installed pursuant to the Official Development Plan for the project, whether on private or public property, as well as all on-site amenities to be privately owned and maintained in areas of private or common ownership, including, but not limited to, parking lots, fencing, screening, trash enclosures, walkways, trails, swimming pools, tennis courts, and community recreation facilities.
(B) If no public or private improvements are required to be constructed and if the sole purpose of the proposed final plat is to facilitate the transfer of ownership, then the City may waive the surety requirements of this Section.
11-6-5: DESIGN AND CONSTRUCTION OF IMPROVEMENTS: (2534 3133 3659)
(A) STANDARDS. The City Manager is hereby authorized and directed to develop, promulgate, and determine the applicability of, enforce, and from time to time to amend the following design and construction standards: Standards and Specifications for the Design and Construction of Public Improvements (Standards and Specifications), the City of Westminster Storm Drainage Design and Technical Criteria Manual (SDDTCM), and the City of Westminster Landscape Regulations for public and private landscaping.
(B) PREPARATION AND APPROVAL OF PLANS FOR PUBLIC IMPROVEMENTS.
(1) All construction plans, specifications, and associated engineering reports required pursuant to this Code shall be prepared by, or under the direct supervision of, a professional engineer duly registered and licensed to practice engineering in the State of Colorado and shall bear the seal of said engineer.
(2) All construction plans, specifications, and associated engineering reports required pursuant to this Code shall be prepared in compliance with the City of Westminster Standards and Specifications for the Design and Construction of Public Improvements and the City of Westminster Storm Drainage Design and Technical Criteria Manual (SDDTCM).
(3) The approval by the City of any construction plan, specification, or report shall indicate only that the plan, specification, or report appears to be in conformance with the City's submittal requirements and that standard engineering principles and practices appear to have been followed. Any such approval shall not be deemed as an indication that any assumption, calculation, or conclusion contained therein has been verified by the City. The professional engineer submitting the plans, specifications, and reports shall, at all times, be solely responsible for their accuracy and validity. If during the construction process, or at any time within one year following the acceptance by the City of the completed improvements, any deficiencies or errors are discovered in the plans, specifications, reports, or in the actual improvements as built, the City shall have the right to require any and all corrections which may be deemed necessary by the City. The costs associated with any such corrections shall be the sole responsibility of the developer.
(4) If the review and approval of any construction plan, specification, or report by the City has occurred more than twelve (12) months prior to execution of the public improvements agreement or commencement of construction activities, or if construction activities have been abandoned for a period of 12 months and the improvements are not substantially complete, the City shall have the right to require the submittal of such new or supplemental plans, specifications, and reports to insure compliance with the City's current standards and design criteria
(5) If, after approval of the construction drawings by the City but prior to substantial completion of the public improvements, a court order, change in Colorado of federal law, or similar legal requirement occurs requiring the previously approved design to be changed, the City shall have the right to re-evaluate the plans and require that any such change be completed. The cost for such change shall be the sole responsibility of the developer.
(C) STREETS, SIDEWALKS AND BIKEWAYS. The arrangement, character, extent, and location of all streets shall conform to applicable City street and transportation plans and access control plans. In the planning, design, and construction of any new streets within the City, consideration shall be given to their relation to existing and other planned streets, to topographical conditions, to drainage, to public convenience and safety, and to the uses of land served by such streets. The arrangement of streets and sidewalks shall be planned with due regard to existing roads, future road plans, topography, soil conditions, drainage and erosion, convenience, and aesthetics and in accordance with this Code and all ordinances and policies of the City. Unless otherwise approved by the City:
1. The street layout shall provide for the continuation of principal streets between adjacent properties when such continuation is necessary for convenient traffic flow, fire protection, or provision of utilities.
2. If the adjacent property is undeveloped and a street must dead-end temporarily, a temporary cul de sac may be required.
3. Streets shall be named in accordance with the Denver Metro grid system unless otherwise approved on an Official Development Plan.
4. All streets shall intersect at right angles with each other.
5. Street widths, lengths, grades, off-sets, and pavement sections shall be designed according to the anticipated needs of the area and the Standards and Specifications for the Design and Construction of Public Improvements.
6. Wherever an existing or approved railroad and railroad crossing will be affected by a proposed road or street, provision shall be made for any grade separations, buffer strips, and safety protection devices as the City may determine is required for the public's safety, welfare, and convenience. Prior to the approval of an Official Development Plan, or in the event an Official Development Plan is not required prior to the issuance of a building permit, it shall be the applicant's responsibility to obtain any necessary approval from the affected railroad company or the Colorado Public Utilities Commission.
7. Sidewalks shall be constructed as may be required by the City to accommodate pedestrian traffic.
8. Streets shall be designed with grades, storm sewers, and surfacing to provide storm drainage protection for the 100-year storm without flooding or property damage and to prevent erosion and fugitive dust.
9. The design shall provide for the safe and convenient arrangement of roadways and parking spaces, facilities for waste disposal, as well as open and recreational areas.
10. When a property proposed for development is adjacent to, or contains a planned bikeway or trail as indicated on the City's bikeway plan, provisions for the bikeway shall be included in the Preliminary and Official Development Plans and construction of the bike path or bikeway or trail shall occur concurrently with project development at the owner's expense.
11. Street rights-of-way, curb cuts, street grades, intersections and crossings shall be designed to facilitate the convenient and safe movement of motorists, pedestrians, bicyclists, and storm water as deemed necessary by the City.
12. New development shall provide both bicycle and pedestrian facilities which facilitate movement between residential areas and activity areas, such as public buildings, schools, shopping areas, playgrounds, open space and recreation areas. The developer shall prepare a bicycle/pedestrian movement plan in accordance with the City plan to accomplish this subject to the City's approval.
(D) UTILITIES. The arrangement of utilities shall be planned with due regard to existing and future utilities, topography, soil conditions, convenience, aesthetics, applicable master plans, and in accordance with this Code and all ordinances and policies of the City.
1. Easements shall be of sufficient width and length for utility installation, maintenance, and access. The City may require easements at least 20 feet in width for City-owned utilities including, but not limited to, waterlines, sanitary sewers, and storm sewers. Easements at least 5 feet in width shall be dedicated or reserved on each side of all rear lot lines and along sufficient side lot lines where necessary for utility installation and maintenance including gas, telephone, electric, and other services. Where the rear lot line abuts property outside of the subdivision on which there are no easements at least 5 feet in width, then the easements on the rear lot lines in the subdivision shall be at least 10 feet in width.
2. Easements dedicated to the City for City-owned utilities shall provide for the exclusion of buildings, trees, shrubs and like improvements from within the easement area. The City shall have the right of access at any time to maintain and inspect such utilities.
(E) CONSTRUCTION OF IMPROVEMENTS.
(1) No construction of any public improvement shall commence until the City has issued a written notice to proceed.
(2) The construction of all public and private improvements in areas of common ownership shall be completed in accordance with the approved construction drawings and specifications, the City of Westminster Standards and Specifications for the Design and Construction of Public Improvements, the City of Westminster Storm Drainage Design and Technical Criteria Manual (SDDTCM), and the City of Westminster Landscape Regulations.
(F) INSPECTION OF IMPROVEMENTS.
1. The City shall have the authority to inspect the work and all materials furnished as part of the work. Inspections may extend to all or any part of the work and to the preparation, fabrication, or manufacture of all materials for the work.
2. Inspections made by the City are for the sole benefit of the City and do not relieve the developer or contractor of any obligations or liabilities.
(G) STOP WORK ORDERS.
1. The Engineering Division of the Department of Community Development shall have the authority to stop any or all construction activities as deemed necessary by issuing a written stop work order. Stop work orders may be issued for:
(a) A violation of any condition of the improvements agreement or of the approved construction drawings or specifications; or
(b) Any violation of any provision of this Chapter; or
(c) Any violation of any other ordinance of the City, state law, or federal law pertaining to the work; or
(d) The existence of any condition or the occurrence of any act which may constitute a condition endangering health, life, safety, or damage to property.
2. Stop work orders shall take effect immediately upon notice to the person performing the work in the field and shall remain in effect until such time as the City cancels the order in writing.
3. Upon receipt of a stop work order, the contractor shall be responsible for taking such precautions as may be necessary to prevent damage to the project, prevent inconvenience or hazardous conditions for the general public, provide for normal drainage, and to erect any necessary barricades, signs, or other facilities which may be necessary.
4. It shall be unlawful for any person to knowingly violate any stop work order issued pursuant to this Section. Upon conviction, any such violation shall be punished by a fine of not to exceed $900 or imprisonment not to exceed 180 days, or both fine and imprisonment. Each day that a stop work order is violated shall constitute a separate offense under this Section.
(H) ACCEPTANCE INTO WARRANTY.
1. Before the City shall assume ownership and maintenance responsibility for any public improvement, the public improvement must be completed in conformance with the approved construction drawings and all applicable City standards and specifications, and must be formally accepted in writing by the City.
2. Acceptance of the public improvements by the City shall not relieve the developer or contractor from any obligations or liabilities with respect to the proper construction of the improvements.
3. All public improvements to be constructed in connection with any development shall be completed in their entirety before any part thereof will be accepted except as the City Engineer may otherwise agree by separate agreement with the developer.
1. The developer shall warrant the construction of and materials used in all public improvements for a warranty period of at least one year from the date the improvements are accepted by the City. It is the intent of the City that at the end of the warranty period the developer shall deliver the improvements to the City free of any defects, damage, or debris.
2. The City shall have the authority to require a warranty period in excess of one year if, in the opinion of the City, the scope of the construction or other conditions dictate such a need.
3. During the term of the warranty period the developer shall be responsible for making any repairs or replacements required due to:
(a) Defective materials, workmanship, or design; or
(b) Such damage that may be done to the improvements during the warranty period regardless of cause, except such damage that is directly attributable to City equipment or personnel, and which, in the opinion of the City, are necessary to maintain or conform the improvements to the same standards in effect at the time of the City's acceptance.
4. The warranty period shall not expire until such time as the City acknowledges, in writing, that all necessary warranty corrections are complete and the warranty period is over.
5. During the warranty period, the developer shall maintain a surety in one of the forms authorized pursuant to section 11-6-4 in the amount of 15 percent of the cost of the improvements.
(J) FAILURE TO PERFORM.
1. A developer shall be deemed in default under this Section upon any of the following events:
(a) A failure to satisfy any condition or obligation of the developer's improvements agreement or the approved construction drawings or specifications;
(b) A failure to satisfy any requirement identified on the Official Development Plan;
(c) A violation of any provision of this Chapter;
(d) A violation of any other ordinance of the City, state law or regulation, or federal law or regulation pertaining to the work.
2. In the event the City determines a developer is in default under this Section, the City may take any or all of the following actions:
(a) Exercise the City's rights under the developer's surety;
(b) Deny or revoke building permits for structures;
(c) Withhold certificates of occupancy for structures located in the project;
(d) Institute any legal actions the City Attorney may deem to be warranted.
11-6-6: LOCAL IMPROVEMENT DISTRICTS: (2534 3664)
(A) CITY TO CONTRACT. The City shall have the power to contract for, construct, acquire, or install special or local public improvements; to assess the cost thereof wholly or in part against the property specially benefitted; to jointly make and jointly contract for a local public improvement and a general public improvement and to pay from any lawful fund that portion of the cost which is general public benefit; and to accept contributions or grants-in-aid to supply the whole or any part of the cost apportioned to the City, or to accept and apply such contribution or grants-in-aid wholly or in part to the credit of the appropriate public improvement district.
(B) CONTRACT. In all cases where the cost of local public improvements is to be assessed wholly or in part upon the property benefitted, the improvements shall be constructed by independent contract or contracts. All such contracts shall be authorized by the City Manager with the approval of the City Council. All such contracts shall be let to the lowest reliable and responsible bidder after publication of notice to bidders once a week for two consecutive weeks by two insertions in a newspaper of general circulation within the City, and such other newspaper or newspapers as may be designated by the City Council. The right to reject any and all bids is reserved. No such contract shall be made without bond for its faithful performance with sufficient surety or sureties thereon.
The aggregate payments under any contract shall not exceed either the aggregate estimate of the City Engineer or the amounts appropriated. Upon notice and for substantial cause the work under such contracts may be suspended or terminated forthwith by the City Council or the City Manager.
Every contract shall be subject to the provisions of this Chapter and the provisions of any ordinance authorizing the improvements or contracts.
In the letting of contracts the City Manager may impose such conditions upon bidders with regard to bonds and securities and such guarantees of good faith and responsibility on the part of the bidders for the faithful completion of the work and providing for any other material matter or thing in connection therewith as may be considered advantageous to the City.
Upon default in the performance of any contract the City Manager may advertise and let a contract for the incomplete work in a like manner and, without further ordinance, charge the cost thereof to the original contractor upon his contract and when a deficiency shall in such case occur, the City Manager with the approval of the City Council may advance the amount thereof out of any available funds in the City and recover the same by suit on the original contract and bond.
(C) ASSESSMENT OF PROPERTY. In all cases where the cost of a local public improvement is to be assessed wholly or in part upon the property benefitted, the cost shall be assessed in proportion to benefits received. Such assessments may be in proportion as the frontage of each lot or tract of land is to the frontage of all the lots and lands so improved, or may be in proportion as the area of each piece of real estate in the district is to the area of all the real estate in the district, or may be by any other method that will result in assessment being most equitably in proportion to benefits received. If, at the time of the passage of the ordinance authorizing any improvement, any piece of real estate has the whole or any part of the proposed improvement conforming to the general plan and acceptable to the City Engineer, the existing improvement may be adopted in whole or in part, or necessary changes thereof may be made to make the same conform to the general plan, and the owner of such real estate shall, when the assessment is made, be credited with the amount which is saved by reason of adopting or adapting such existing improvement.
(D) EXCEPTIONS OF ASSESSMENT. In all cases where the cost of a local public improvement is to be assessed wholly or in part upon property benefitted, the improvement shall be initiated by the City Manager without receiving a petition therefor, except that when the owners of the real estate which would bear 35 percent or more of the estimated cost of the proposed improvements have filed a regularly executed petition therefor the City Manager shall advertise such improvement for remonstrances unless, in his judgment, the proposed improvement is not good and sufficient for the particular locality provided, however, that no improvement proposed by petition shall be advertised for remonstrances if the preliminary informal estimate of the City Engineer exceeds by more than 10 percent the maximum unit cost stated in the petition. The estimate of the City Engineer shall be conclusive for this determination.
(E) RULES OF PETITION. Every petition for a proposed improvement shall describe the real property owned by each signer as being benefitted by the proposed improvement, shall state the nature and location of the proposed improvement and the proposed maximum unit cost thereof, which unit cost shall be exclusive of the cost of collection of the assessments, other incidentals and all interest on any bonds issued in payment of construction and other costs from the time of issuance of said bonds to the time that interest commences on assessments; shall authorize advertising of the proposed improvement for remonstrances, if a preliminary, informal estimate of the City Engineer indicates that the cost of the proposed improvement will not exceed by more than ten percent (10%) the maximum unit cost set forth in the petition; and shall authorize an increase of the proposed maximum unit cost by not more than 10 percent thereof, and the assessment of such increase, if the estimate of the City Engineer determines that such increase is necessary.
All signatures or petitions shall be subscribed and acknowledged in the manner provided by law for the acknowledgment of deeds of conveyance of real estate provided, however, that the signature of any owner or owners of real property may be attached to a petition by their agents duly authorized by power of attorney accompanying the petition. No petitioner, his heirs, or assigns shall be permitted to withdraw from a petition after such petition has been filed with the City Manager unless the proposed improvement is not advertised for remonstrances within nine months from the filing of the petition with the City Manager, and any petitioner who fails to withdraw prior to advertising shall be deemed to have waived his right to withdraw.
(F) PUBLIC NOTICE OF PROPOSED IMPROVEMENT. Public notice of the proposed improvements shall be given in all cases where the cost of local public improvements is assessed wholly or in part upon property benefitted. When it is proposed to assess real estate which is not abutting, adjoining, contiguous, or adjacent to any proposed improvement, the notice shall state the exterior boundaries of the real estate proposed to be so assessed or of the proposed district. The City Manager shall, by advertisement once a week for three consecutive weeks by three insertions, in a newspaper of general circulation within the City, give notice to the owners of the real estate benefitted and to all persons interested generally and, without naming such owners or persons, of a description of each proposed improvement and of the real property which would be benefitted thereby, a proposed method of assessment and the manner of payment therefor, and the date, place and time for hearing written remonstrances to the proposed improvement, which date shall be not less than 20 days after the first publication of the notice of the hearing. In addition, the City Manager shall mail by first class mail, not less than 10 days prior to the hearing, a printed copy of such notice to the owners of record of all real estate in the proposed district as such owners of record are determined by reference to the current records in the Office of the County Assessor, as such records are kept by that official for the purpose of performing the function of County Assessor.
(G) HEARING OF ADVERTISED PROPOSED IMPROVEMENTS. On the day and at the time and place specified in the notice hereinabove set forth, the City Manager shall conduct a hearing for the purpose of considering the desirability of and the need for such advertised proposed improvements. If for any reason the hearing is postponed and not held until a later hour or date, and the City Manager is hereby authorized to postpone any hearing to a fixed later hour and date, written remonstrances to a proposed improvement shall be accepted up to the opening of the postponed session of the hearing; otherwise, such written remonstrances must be filed prior to the date and hour of the original hearing.
All written objections or protests to a proposed improvement shall be subscribed and acknowledged in the same manner required for petitions for proposed improvements. No person who has signed his name for an improvement shall be permitted to sign a remonstrance to the same improvement unless such person has regularly withdrawn from such petition as herein provided.
If a duly executed written remonstrance is timely filed by persons constituting a majority of the owners of the property to be assessed, except that in those cases where the City is to pay one-half or more of the total cost of the improvements made, the proposed improvements shall not be ordered. After the hearing and subject to the foregoing limitations, the City Manager shall enter an order approving those proposed improvements which he considers proper and disapproving those proposed improvements which he considers improper. All proceedings by the City Manager may be modified or rescinded wholly or in part at any time prior to the passage of the ordinance authorizing the improvements; provided that no substantial change in the district, details, preliminary plans or specifications or estimates shall be made after the first publication of notice to property owners except the deletion of improvements and property from the proposed program and district; and provided, further, that the City Manager shall have the right to make minor changes in the time, plans, and materials entering into the work at any time before its completion. Any objection to the regularity, validity, and correctness of the proceedings and instruments taken, adopted, or made prior to the date of said hearing shall be deemed waived unless presented by remonstrance at the time and in the manner herein specified.
(H) FORMATION. After the hearing hereinabove set forth, the City Engineer shall combine into suitable construction units those proposed local public improvements which have been approved by the City Manager. Each such construction unit, whether composed of non-contiguous parts or sections or not, shall constitute a local public improvement district and shall be so referred to hereinafter. More than one kind of improvement may be combined in one local public improvement district. The City Council may provide for a local public improvement district to consist of more than one assessment unit if the Council determines that due to differences in cost, character, nature, or location of the improvements the costs can be more equitably assessed by means of separate assessment units within the local public improvement district. In the formation of such local public improvement district or districts, the City Engineer shall make such condition as, in his judgment, will make for efficiency in construction and will result in the lowest possible construction cost. For each such local public improvement district, the City Engineer shall submit to the City Manager a detailed estimate of the total cost of the improvements, and a detailed estimate for each improvement included within the district, exclusive of the cost of collection and other incidentals, and of all interest on bonds issued in payment of construction and other costs from the time of issuance of said bonds to the time that interest commences on assessments; full details and specifications for the proposed construction, which said details and specifications shall permit and encourage competition among bidders; a map showing the real property to be assessed for the cost of construction; and that portion, if any, of the cost of such construction which is not to be assessed for local public improvement.
(I) APPROVAL. Whenever the City Manager approves a local public improvement district as submitted by the City Engineer, he shall cause to be prepared and submitted to the City Council an ordinance authorizing creation of the district and the construction of the improvements proposed, which ordinance shall be in the form recommended by the City Manager by his endorsement thereon.
The finding of the City Council by ordinance that any local public improvements where duly ordered after notice duly given, or that a petition or remonstrance was or was not filed, or was or was not duly subscribed and acknowledged as herein required shall be conclusive in every court or other tribunal.
(J) OWNERS OF ABUTTING REAL ESTATE. Before beginning any authorized construction, the City Manager may order the owners of the abutting real estate to connect their several premises with the gas, water, and sewer mains or with any other conduits in the street or alley adjacent to their several premises. In case of a failure or refusal by the owners of the abutting real estate to make the ordered connections, such connections shall be made incidental to the authorized construction and the cost thereof assessed upon the appropriate abutting real estate.
(K) NOTICE OF COST. Upon completion of any local improvement and upon acceptance thereof by the City Manager, or whenever the whole cost of an improvement or a complete unit thereof can be definitely ascertained, the City Manager shall publish notice once a week for three consecutive weeks, by three insertions in a newspaper of general circulation in the City, a notice to the owners of the real estate to be assessed and all persons interested generally, and without naming such owners or persons, that said improvements have been or are about to be completed and accepted, specifying the whole cost of the improvements, the portion if any, to be paid by the City, and the proposed apportionment on the real property benefited, and a statement that any written complaints, objections and remonstrances to the proposed apportionment which are filed with the City Manager at any time within 20 days after the first publication of the notice will be heard and determined by the Council, sitting as a board of equalization, at its first regular meeting thereafter, giving the time and place of such meeting, or at an adjournment thereof, before the passage of any ordinance assessing the cost of such improvement. Any objection to the regularity, validity, or correctness of the proceedings, or of said proposed apportionment, or of any assessment based thereon, and of the amount thereof levied on each tract and parcel of land, shall be deemed waived unless presented in writing at the time and in the manner herein specified. In determining the whole cost of the local public improvement there shall be included therein, without limiting the generality of the foregoing, the cost of constructing or otherwise acquiring such improvement or improvements, the cost of acquiring necessary rights-of-way and easements, engineering and clerical services and supplies, cost of inspection, cost of collecting assessments, advertising, printing, interest on bonds until interest on assessments commences to defray such, fiscal services, legal services for preparing proceedings, and advising in regard thereto and other incidental costs.
(L) COMPLAINTS. After the period specified in such notice, the City Council, sitting as a board of equalization, at its next regular meeting, or an adjournment thereof, shall hear and determine all written complaints, objections, and remonstrances filed with the City Manager and may confirm the apportionment proposed or make any modifications which may seem equitable and just.
After the consideration of all objections to the apportionment, if any change in the apportionment shall be made by Council it shall certify such change to the City Manager, who shall prepare a new apportionment and an assessing ordinance in accordance therewith and transmit the same to Council. The assessing ordinance shall assess the cost of the improvement against the real estate to be assessed in the district in the proportion finally determined. The passage of the assessing ordinance shall be prima facie evidence of the fact that the property assessed is benefitted in the amount of the assessment, and that such assessments have been lawfully made.
(M) ASSESSMENT ROLL. The City Clerk shall from said assessing ordinance prepare a local assessment roll in book form showing in suitable columns each piece of real estate assessed, the amount of the assessment, the amounts of each installment of principal and interests if, in pursuance of this Ordinance, the same is payable in installments and the date when such installments will become due, with suitable columns for use in case of payment of the whole amount, or of any installment or penalty, and deliver the same duly certified, under the corporate seal, to the Finance Director for collection.
(N) LIENS AGAINST PROPERTY. From the date of the final publication of the assessing ordinance all assessments made pursuant thereto shall be a lien in the several amounts assessed against each lot or tract of land, and such assessments shall have priority over all other liens except general taxes. As to any subdivisions of any real estate assessed pursuant thereto, the assessments in each case shall be a lien upon all the subdivisions in proportion to their respective areas or frontages. No delays, mistakes, errors, defects, or irregularities in any act or proceeding authorized herein shall prejudice or invalidate any final assessment, but the same shall be remedied by subsequent or amended acts or proceedings as the case may require, and when so remedied the same shall take effect as of the date of the original act or proceeding.
If in any court of competent jurisdiction any final assessment is set aside for irregularity in the proceedings or for any other reason, then the Council, upon notice as required in the making of an original assessment, may make a new assessment in accordance with the provisions herein.
(O) ASSESSMENTS DUE AND PAYABLE: Without demand, all assessments shall be due and payable within 30 days after the publication of the assessing ordinance after its passage provided that the City Council may provide that the owners of the property to be assessed may elect to pay such assessments in annual installments not exceeding 20 installments, which installments shall include interest on the unpaid assessment annually at such rate as may be set forth in the assessing ordinance. The number of installments, periods of payment and rate of interest shall be determined and fixed by the City Council in the assessing ordinance. Payments may be made to the Finance Director at any time within 30 days after the publication of the assessing ordinance after its passage, and an allowance of the per centum added for costs of collection shall be made on all payments during said period of 30 days.
Failure to pay the whole assessment within said period of 30 days shall be conclusively considered and held as an election on the part of all persons interested, whether under disability or otherwise, to pay in such installments. All persons so electing to pay in installments, shall be conclusively considered to have consented to said improvements. Such election shall be conclusively considered and held a waiver of any and all right to question the power or jurisdiction of the City to construct or acquire the improvements, the quality of the work, the regularity or sufficiency of the proceedings, the validity or correctness of the assessment, or the validity of the lien thereof.
The owner of any piece of real estate not in default as to any installment or payment may at any time pay the whole unpaid principal of his assessment with the interest to the time the next installment of interest or principal becomes due and payable.
The owner of any divided or undivided interest may pay his share of any assessment.
(P) DEFAULT OF PAYMENT. At the expiration of said 30-day period provided in the preceding section, the Finance Director shall return the local assessment roll to the Clerk thereon showing all payments made thereon with the date of each payment. Said roll shall be certified by the City Clerk under the corporate seal of the City and by him delivered to the County Treasurer of Adams County or Jefferson County, as the case may be, with his warrant for collection of the same, and the City Clerk shall obtain a receipt from the County Treasurer for the same. The County Treasurer shall receive payment of all assessments appearing upon the assessment roll with interest. In case of default in the payment of any installment of principal or interest when due, the County Treasurer shall advertise and sell any and all property for which such default is suffered and apply such proceeds to payment of the whole of the unpaid assessments, including interest and penalties thereon. Said advertisements and sales shall be made at the same time and in the same manner, under all the same conditions and penalties, and with the same effect as are provided by general law for sales of real estate in default of payment of general taxes.
(Q) FAILURE TO PAY. Failure to pay any installment, whether of principal or interest when due or a determination by the City Council that a pending tax sale affecting any property subject to an assessment threatens to extinguish or materially impair the lien of such an assessment, shall cause the whole of the unpaid principal and accrued interest to become due and payable immediately and the whole amount of the unpaid principal and accrued interest shall thereafter draw penalty interest at a rate per month equal to the monthly rate applicable to installments plus an additional 1.25 percent per month or fraction of a month until the day of sale; but at any time prior to the date of sale the owner may pay the amount of all delinquent installments, with all penalty interest accrued, and thereupon shall be restored to the right thereafter to pay in installments in the same manner as if default had not been suffered. No statute of limitations shall apply until the last installment of assessments becomes due and payable.
(R) SALE OF UNPAID ASSESSMENTS. At any sale by the County Treasurer of any real estate in the City for the purpose of paying any special assessments for local improvements, the Finance Director, having the written authority from the City Council, may purchase such real estate without paying for the same in cash and receive a certificate of purchase from the County Treasurer in the name of the City. Such certificates shall be received and credited at their face value, with all interest and penalties accrued, on account of the assessments in pursuance of which the sale was made. The certificates may thereafter be sold by the Finance Director for the best price obtainable at public sale, at auction, or by sealed bids in the same manner and under the same conditions as is hereinafter provided in respect to the sale of property owned by the City, and the proceeds, in the event that all bonded indebtedness incurred in payment for said local improvements has not been discharged in full, credited to the fund created by the ordinance for the payment of such assessments; or, in the event that all bonded indebtedness incurred in payment for said local improvements has been discharged in full, the proceeds shall be credited to the special surplus and deficiency fund provided for by Paragraph (U) of this Section.
Such assignments shall be without recourse, and the sale and assignment shall operate as a lien in favor of the purchaser and assignee as provided by law in the case of sale of real estate in default of payment of the general taxes.
Cumulatively, with all other remedies, the City, being the owner of the property by virtue of a tax deed or being the owner of property otherwise acquired in satisfaction or discharge of the liens represented by such certificates of sale, may sell such property for the best price obtainable at public sale, at auction, or by sealed bids. Such sale shall be after public notice by the Finance Director to all persons having or claiming any interest in the property to be sold or the proceeds of such sale, such public notice to be by publication, once a week for three consecutive weeks by three insertions in a newspaper of general circulation within the City. Such notice shall describe the property; state the time, place, and manner of receiving bids; and the time fixed for sale, which shall be not less than 20 days after the first publication. The City may reject any and all bids.
Any interested party at any time within 10 days after receipt of bids for the sale of property may file with the City Manager a written protest as to the sufficiency or the amount of any bid made or the validity of the proceedings for the sale. If such protest is denied, such person, within 10 days thereafter, shall commence an action in a court of competent jurisdiction to enjoin or restrain the City from completing the sale. If no such action shall be commenced, all protests or objections to the sale shall be deemed to have been waived and the City shall then convey the property to the successful bidder by quit claim deed.
In addition to all other remedies, the City, when it is the holder of a certificate of purchase, may bring a civil action for the foreclosure thereof joining as defendants all persons having or claiming any interest in the property or the proceeds of foreclosure sale, and all governmental units having taxes or other claims against said property, and all unknown persons having or claiming interest in said property. Any number of certificates may be foreclosed in the same proceeding. In such proceedings, the City, as plaintiff, shall be entitled to all relief provided by law in actions for adjudication of rights with respect to real property.
The proceeds of any such sale of property shall be credited to the appropriate special assessment fund or the surplus and deficiency fund, as hereinabove provided. The City shall deduct therefrom the necessary expenses in securing deeds and taking procedures for the sale or foreclosure.
(S) BONDS. For the purpose of paying all or such portion of the cost of any improvement constructed under the provisions of this Chapter, special assessment bonds of the City may be issued of such date and in such denominations as may be prescribed by the City Council in fully registered form (i.e., registered as to payment of both principal and interest), bearing the name of the district improved and payable in a sufficient period of years after date to cover the period of payment provided, but subject to call as provided in Paragraph (T) of this Section. All such bonds shall be issued on estimates approved by the City Council or sold as hereinafter provided, and the Finance Director shall preserve a record of the same in a suitable book kept for that purpose. All such bonds shall be subscribed by the Mayor, countersigned by the Finance Director with the corporate seal of the City thereto affixed, and attested by the City Clerk.
Such bonds shall be payable out of the monies collected on account of the assessments made for such improvements, out of the surplus and deficiency fund referred to in Paragraph (N) of this Section, or out of any monies provided by credit enhancements obtained for the bonds.
All monies collected from such assessments for any improvement shall be applied for the payment of the bonds issued until payment in full is made of all the bonds, both principal and interest.
The bonds may be used in payment of the cost of the improvement as specified or the City Council may sell sufficient of said bonds to pay the cost in cash. Said bonds may be sold by public sale or private sale, to the best advantage of the City. All bids may be rejected at the discretion of the City Council. All such bonds shall be negotiable in form, shall bear interest as may be fixed by the City Council, and shall be payable either semi-annually or annually as may be provided by the City Council in the ordinance authorizing the issuance of such bonds.
(T) PAYMENT OF BONDS. Whenever the Finance Director has funds derived from assessment payment in the treasury to the credit of the improvement district exceeding the interest on the unpaid principal of the bonds issued therefor and outstanding for such period as may be specified in the ordinance authorizing the bonds, the Finance Director shall call in or direct the bond registrar to call in a suitable number of such bonds for payment. Notice of redemption of bonds shall be given in the manner provided in the ordinance authorizing the issuance thereof. On the redemption date specified in such notice, interest on the bonds so called shall cease. The notice shall specify by number the bonds so called, and all such bonds shall be paid in their regular numerical order.
(U) SURPLUS AND DEFICIENCY. Where all outstanding bonds have been paid in a public improvement district and any money remains to the credit of said district, it shall be transferred to a special surplus and deficiency fund, and whenever there is a deficiency in any improvement district to meet payment of outstanding bonds it shall be paid out of said fund. Whenever a public improvement district has paid and cancelled three-fourths of its bonds outstanding and for any reason the remaining assessments are not paid in time to pay the remaining bonds of the district and there is not sufficient money in said special surplus and deficiency fund, then the City shall pay said bonds when due and reimburse itself by collecting the unpaid assessments due said district.
(V) GENERAL FUND ADVANCES, CITY PARTICIPATION. In consideration of general benefits conferred on the City at large from the construction or installation of improvements in special or local improvement districts, the City Council may levy annual taxes on all taxable property within the City at a rate not exceeding 2 mills in any one year, to be disbursed as determined by the City Council for the purpose of advancing money to maintain current payments of interest and equal annual payments of the principal amount of bonds issued for any special or local improvement district thereinafter created.
The proceeds of such taxes shall be placed in a special fund and shall be disbursed only for the purposes specified herein provided, however, that in lieu of such tax levies, the City Council may annually transfer to such special fund any available money of the City, but in no event shall the amount transferred in any one year exceed the amount which would result from a tax levied in such year as herein limited.
In addition to the above, the City Council may finance the City's share of the cost of any special improvement project, whether or not such cost is assessed against City-owned property, by the issuance of special improvement district bonds, and shall appropriate annually an amount sufficient for the payment of that portion of the share of the costs then due. The City's share of the cost of any special improvement project shall be determined by the City Council. Such bonds shall not be subject to any election requirements or debt limitation which might otherwise exist pursuant to the City Charter or other applicable law.
(W) PROCEEDINGS. In all proceedings authorized or required by this Chapter, figures may be used instead of words and it shall not be necessary in improvement districts to designate each piece of real estate in the district separately. General description and quantities may be used except in the assessment rolls, and the cost may be stated as being a probable amount per front foot, per square foot, per acre, or per lot of a given size and proportionate amounts for other lots or, when a different rule of assessment is provided, then as being subject to such rule.
(X) IMPROVEMENTS. The improvements authorized by this Chapter may consist of street improvements such as grading, paving, curbing, guttering, providing parking for, widening, lengthening, altering, signalizing, or otherwise improving the whole or any part of any street or alley, or streets or alleys including bridges, overpasses, and underpasses in the City, or any one or more of said improvements, including the reconstruction, replacement, renewal, or extension of the same. In case of grading only, or grading and curbing only, the improvements may include the necessary crosswalks.
Such improvement may also consist of the construction of district sewers, or storm sewers in districts to be known as storm sewer districts, the same to be provided by ordinance in accordance with the provisions herein contained. Said sewers may consist of the necessary pipes, ditches, drainageways, culverts, bridges, manholes, inlets, and appurtenances and shall be so constructed as to connect with some existing public sewer or natural drainage. Said districts may be divided into subdistricts to be specially named or numbered in said ordinance. Such storm drains may be made, contracted for, or constructed larger than required by a local public improvement district, and the City may pay from any lawful fund that portion of the cost that may be in excess of the cost required by the district, and upon the extension at a later time of the mains or submains to an area not included within the district for which mains or submains were made and contracted for, the City may assess the amount paid by the City as a lien upon real property benefited by the oversized construction and extension of the mains and submains.
(Y) LEGAL PROCEEDINGS. No action or proceeding, at law or in equity, to review any acts, proceedings, question the validity or enjoin the performance of any act, or the issuance or collection of any bonds, or the levy or collection of any assessments, authorized herein, or for any other relief against any acts or proceedings done or had pursuant hereto or under the provisions of the Charter of the City of Westminster, with reference hereto, whether based upon illegalities, irregularities, or jurisdictional defects shall be maintained unless commenced within 30 days after the performance of the act or the passage of the resolution or ordinance complained of or else be thereafter perpetually barred.
Local public improvement districts created prior to the effective date of this Chapter shall be governed by the laws relating to such improvement districts on the date of their creation.
(Z) WAIVER OF PROCEDURES. Any of the provisions of this Chapter may be waived in writing by the owner of all property in the district which is to be assessed, and by the Mayor if the City is to bear any of the costs of the improvements. Such a waiver must state the requirements of this Chapter which are being waived. No person shall be permitted to withdraw a written waiver once it has been submitted to the City Council for consideration. The authorization for such a waiver shall be contained within the ordinance establishing the district.
(AA) ACQUISITION OF IMPROVEMENTS. Notwithstanding anything in this Chapter to the contrary, a local improvement district may be created for the acquisition of improvements already constructed, or for both acquisition and construction of improvements. With respect to improvements to be acquired, the provisions of this Chapter concerning public bidding of construction contracts shall not apply.
11-6-7: PROCEDURES FOR THE ESTABLISHMENT OF RECOVERY AND PARTICIPATION COSTS: (2534 3664)
(1) The City Council hereby finds and determines that expansion of land use and development within the City results in impacts upon public facilities and improvements and necessitates the construction and expansion of new public facilities, improvements, and services including arterial and collector streets and bridges; water and sewer facilities; schools; pedestrian areas and community and neighborhood parks; police and fire services; drainageways; parking facilities; and other City facilities, improvements, and services.
(2) The City Council further finds and determines that it is appropriate and fair to require new development, not current citizens, to bear such proportionate share of the cost of improvements, facilities, and services as the City determines are reasonably necessitated by and of reasonable benefit to new development.
(3) The City Council further finds and determines it is fair, reasonable, and equitable for the City to plan for and provide facilities, improvements, and services necessary for the efficient and logical development of land within the City and to recover at or prior to development the cost of such facilities, improvements, and services from the properties benefitted by such facility, improvement, or service.
(4) The City Council additionally finds that new public facilities, improvements, and services increase the value of and enhance the development potential of adjacent properties.
(B) RECOVERY OF COSTS OF PUBLIC IMPROVEMENTS.
(1) The City shall have the authority to allocate and recover the costs of construction of public improvements or facilities to property owners based on the benefit of such improvement, facility, or service to said owners. Said recovery costs shall be paid to the City by the benefitted property owner and forwarded to the party constructing the improvement or facilities. Subject to the provisions of subsection E.5. below, where the construction of the improvement or facility has been financed in whole or in part by a property owner or owners and the financed amounts exceed the amount of benefits the owner or owners will realize from the improvement or facility so financed, the City shall assume or recover the amount of such excess costs and reimburse the financing owner or owners to the extent the amount financed exceeds the benefits received.
(2) As part of the Preliminary Development Plan or Official Development Plan for any land within the City, the City may determine the public facilities, improvements, and services which are reasonably necessitated by and which are of reasonable benefit to the land being developed. The City shall have the authority to establish and administer a program to recover from benefitted property owners the costs incurred by the City or other party in providing those public facilities, improvements, and services which may include:
(a) The cost of right-of-way acquisition and construction of streets, including traffic signals, street lights, and traffic signs.
(b) The cost of sanitary sewer and water treatment and transmission facilities and service.
(c) Costs incurred for the acquisition, construction and servicing of drainageways.
(d) The cost of locating or relocating aboveground or underground utilities.
(e) Costs incurred for the acquisition, development, and furnishing of neighborhood and community parks, public open spaces, pedestrian walkways, bikeways, and other recreational facilities in excess of normal development requirements.
(f) Costs incurred for the acquisition, development, construction, and furnishing of such other City facilities or services which the City determines are reasonably necessary to serve and of reasonable benefit to new development.
(3) The City Council shall provide by ordinance for the recovery of appropriate costs for public improvements, facilities, or services constructed or to be constructed by the City. Said ordinance shall establish the nature and extent of the recoveries due to the City. Such ordinances may include provisions for simple interest payable to the City.
(4) In the case of improvements financed by the City with the proceeds of special assessment bonds, the City may forward any costs recovered under this Section to the owners or developers previously assessed for the costs of the improvements. In the case of a property owner or developer who has elected to pay an assessment in installments and who is also owed costs recovered, this may be accomplished by an adjustment to the periodic payment owing, or in any other manner that the City Council deems just.
(5) The City may require a developer to provide and install public improvements, facilities, or services sufficient to serve surrounding lands which the City determines are necessary for sound service planning and future property development. The City shall collect from the owners of those properties benefitted by such facilities such amounts that the City determines to be reasonable and in proportion to the benefits to such properties. From such collection, the City shall reimburse the party who installed the public facility.
(6) In connection with the construction of any improvement or facility by a property owner or developer pursuant to this Section, the City and such owner or developer may enter into a written agreement concerning the construction and the owner or developer's rights of cost recovery, if any, as follows:
(a) Agreements may include provision for simple interest.
(b) The City Manager shall be empowered to execute such agreements on behalf of the City.
(c) In each such agreement the City shall require that the developer or his successors notify the City in the event that there is a change in the payee of recovery fees collected for disbursement by the City. This notice shall be provided no later than 30 days after the effective date of the change in payee. This notification shall include the new payee, the payee's address, a description of the event resulting in the change of the payee, and the effective date of the change in payee. The notice shall be signed by someone legally authorized to bind the transferor. The City shall send collected recovery fees to the payee of record, as set forth in this subparagraph (c). If, due to lack of notice by the payee, the City is unable to ascertain the identity or location of the payee within 60 days after receipt of the recovery fees, such fees shall revert to the City and the City may declare the agreement terminated and deposit the undisbursed recovery fees in the City's general fund for City use.
(C) ALLOWABLE RECOVERY COSTS. Costs that are otherwise recoverable pursuant to this Section shall be limited to the actual costs of materials, labor, equipment, acquisition of rights-of-way and easements, including condemnation costs, engineering services, and other costs directly related to the construction of the improvements.
Costs for the administration of contracts, license fees, attorney fees, overhead, and other administrative, indirect costs shall be considered as the cost of doing daily business and shall not be included in recovery costs.
(D) METHOD FOR RECOVERY OF COSTS:
1. The City shall establish cost recovery for public improvements based upon the benefit to the development. Such methods may include comparative area or distance of a development benefited by a public improvement, comparative population or housing density of the development benefited by the public improvement, the trip generation rate, or other methodology for calculating approximate use of the public facilities, and such other methods as the City may establish from time to time which are based upon the reasonable benefit conferred on a development by a public facility. For public facilities, cost recovery obligations shall be based on the following:
(a) Water Mains. The owner or developer of property abutting a treated water main, constructed and paid for by another party, shall pay a proportionate share of the cost determined by dividing one-half the total cost of the main by the total length of the main and multiplying the resulting quotient by the number of lineal feet of property abutting the main. The City of Westminster will be responsible for the fractional cost of that portion of any water main that exceeds 16 inches in diameter.
(b) Sanitary Sewers. The owner or developer of property within a sanitary sewer recovery basin who utilizes a sanitary sewer main, constructed and paid for by another party, shall pay a proportionate share determined by dividing the total cost of the main by the total acreage in the established service area and multiplying the resulting quotient by the number of acres in the property that is to develop. Sanitary sewer mains which do not exceed minimum size for a public main as established by the City shall not be eligible for recoveries or City participation.
(c) Pump Stations. The owner or developer of property served by a pump station within an established pump station recovery area shall pay a proportionate share of the cost of the station based upon the acreage of his property divided by the total acreage in the pump station service area.
(d) Street Improvements. Except as otherwise provided by section 11-6-7(D)1(e) below, the owner or developer of property abutting a street constructed and paid for by another party shall pay a proportionate share of the cost of said street determined as follows:
(i) For streets up to 48 feet in width as measured from flowline to flowline, exclusive of acceleration and deceleration lanes, the owner or developer shall be required to pay 50 percent of the cost of the improvements, including street pavement, subbase, storm sewer and other appurtenances, right-of-way costs, curbs, gutters, sidewalks, and acceleration and deceleration lanes adjacent to the development.
(ii) For streets which exceed 48 feet in width, as measured from flowline to flowline, exclusive of acceleration and deceleration lanes, the owner shall pay for the cost of constructing 24 feet of street improvements plus the cost of curb, gutter, sidewalk, and any hiker/biker trails plus the cost of any required acceleration and deceleration lanes adjacent to the development. On designated arterial streets, the City shall fund cost of construction of the remaining portion of the street.
(iii) All drainage and other conduit structures constructed as an integral part of the street shall be considered to be street improvements, and the cost of those facilities may be allocated using the same method as allocating the cost of street improvements. The calculation of recovery costs for other drainage facilities, including storm drainage facilities, which are not an integral part of the street construction, shall be established on a case-by-case basis using a method based upon reasonable benefit to the property. However, the following minimum standards on storm drainage facilities must be met in order for a project to receive consideration for recovery. All facilities must be in closed conduit; all facilities must be designed to be able to be used by other properties within the basin, and all facilities must be designed to handle developed flows.
(e) Bridges, Overpasses and Interchanges. The cost of any bridge, overpass, interchange, or similar street improvement involving grade-separated facilities may be assessed on an area or acreage basis if Council finds that the benefits of a particular improvement are enjoyed by a larger group of property owners than the abutting property owners.
2. In the event the City determines that a development is reasonably benefitted more than under the minimum recovery methods above, the City may calculate an alternate method to determine reasonable benefit and recovery costs for a development, provided that there shall be recovered no more than 100 percent of the costs of public facilities plus applicable interest.
3. All agreements or ordinances created in connection with the construction of a public improvement for which costs have been allocated pursuant to this Section shall be recorded with the appropriate County Clerk's Office as a matter of public record. It is the responsibility of every developer to identify those recovery agreements which pertain to their developments.
(E) DOCUMENTATION AND RECORDING OF RECOVERY OBLIGATIONS.
1. Developer-Constructed Improvements.
(a) Any agreement between the City and a developer for cost recoveries shall be set forth in the developer's subdivision improvements agreement in accordance with the provisions of section 11-6-4 above.
(b) All such cost recovery agreements for developer-constructed improvements shall include a listing of those properties to be charged with cost recovery for the improvement(s), which list shall be provided by the developer-beneficiary within the time period prescribed by section 11-6-4(A). The developer shall also provide within the same time period a cost estimate of the improvements. The City shall review and approve for recording all such agreements which include provisions for cost recovery for the benefit of private developers, provided, however, it shall be the responsibility of the developer to record such agreements, and any effect on the developer's ability to recover costs pursuant to the developer's failure to appropriately record such agreement or include a sufficient legal description for the properties to be charged with cost recovery, shall be the sole responsibility of the developer.
(c) Prior to the City's acceptance of any public improvements constructed by a developer, the developer shall furnish the City with one set of reproducible, as-built drawings and a final statement of construction costs for those improvements subject to recovery in a format acceptable to the City. The City shall review the developer's final statement of construction costs and, upon the City's approval, said final statement of construction costs shall be recorded by the developer, which thereafter shall be the schedule of recovery costs that the City will follow in administering the cost recovery agreement pursuant to subsection (I) below.
(d) The developer-beneficiary of any cost recovery agreement approved by the City pursuant to this Section shall pay a fee of $500 to the City for the preparation, recordation, and administration of the agreement.
(e) The City's duty and liability in connection with the administration of a cost recovery agreement pursuant to this Section shall be limited as follows. In administering such agreements:
(i) The City shall exercise reasonable care to collect such amounts due the developer-beneficiary but the City shall not be responsible or liable for any amounts not actually paid to the City by the responsible party. The developer-beneficiary shall have no cause of action against the City other than to recover any amounts actually collected and on deposit with the City.
(ii) The City shall not be deemed to be acting as an agent or fiduciary of the developer-beneficiary or the responsible party. It shall be the exclusive responsibility of the developer-beneficiary to monitor and enforce the payment provisions of the agreement.
(iii) In the event of non-payment by a responsible party, the developer-beneficiary, in its capacity as principal third-party beneficiary of the agreement, shall have as its exclusive remedy the right to bring a cause of action against the defaulting responsible party. Such action shall be brought within one year from the date the developer-beneficiary knew, or should have known in the exercise of due diligence, of the default.
(iv) The limitations set forth above shall be deemed as incorporated into every cost recovery agreement to be administered by the City.
2. Cost Recovery for City-Constructed Public Improvements.
(a) All cost recovery obligations for City-constructed improvements shall be established by ordinance. The ordinance shall include a list of properties to be charged with cost recovery for the City-constructed improvement. The ordinance establishing such cost recovery related to a City-constructed improvement shall be recorded in the real estate records of the Counties in which the properties to be charged with cost recovery are located. If available, the ordinance shall include a final statement of construction costs for the improvements subject to recovery. Otherwise, the ordinance may include an estimate of construction costs for the improvements to be constructed and a final statement of construction costs for the improvements shall be recorded as soon as practical following the completion of the improvements. After the final statement of construction costs for City-constructed public improvements has been recorded, the City shall thereafter recover such costs pursuant to the provisions of subsection (I) below.
1. The maximum amount of allowable accrued interest for any recovery agreement is fifty percent (50%) of the original cost of the public facility.
(G) INCLUSION OF RECOVERY COSTS IN OFFICIAL DEVELOPMENT PLANS. All Official Development Plans shall contain a section entitled "Recovery Costs" which shall contain a list of the public facilities previously constructed on which the proposed development will be required to pay recovery costs and the areas of benefit, if applicable, and the City recording information for the ordinance and agreement that established the recovery costs. Notwithstanding any of the foregoing to the contrary, the development shall also be responsible for any recovery costs established subsequent to the approval of the Official Development Plan. However, no recovery cost obligation shall be invalid against a development if it is undiscovered and/or inadvertently omitted from the Official Development Plan.
(H) RECORDATION AND LIEN.
1. The agreement or ordinance which sets forth the public facilities, the costs thereof, the areas of benefit, and the method of recovery of costs shall be filed and recorded with the County Clerk and Recorder of the county in which the facilities are located and the County Clerk and Recorder of any county in which property may be located which may be reasonably expected to be responsible for such costs once they have been finally determined.
From the date of recording of any cost recovery agreement, for developer-constructed public improvements, or a cost recovery ordinance, for City-constructed public improvements, each of the records shall create a first and prior lien upon the properties benefited in the amount of the costs of the public facilities determined by the City attributable to the property, as provided by Title I, Chapter 31, of this Code. At its discretion, the City may allow the lien to become junior to the lien of deed(s) of trust executed by the landowners to secure loans to finance the construction of public facilities on the property .
(I) PAYMENT OF RECOVERY COSTS. All recovery costs shall be due and payable at the time of the recording of a final plat for the applicable property, or at such time as application is made for a building permit for the applicable property, whichever occurs first. The City may withhold building permits on property within the area of benefit until recovery costs are paid. In the event an owner desires to proceed with development of a portion of his property, based on a phased development plan, the owner may proceed after paying that portion of the recovery costs and making provision for payment of the remainder satisfactory to the City.
(J) TERMINATION OF RECOVERIES. Upon receipt of an application by an owner previously entitled to receipt of cost recoveries or, on its own motion, the City may terminate a recovery for a public facility if the costs of the public facilities have been substantially recovered, if 10 years have passed, if the project may be more effectively financed by another method, or for such other good cause as the City may determine.
(K) ALTERNATIVE METHOD. This article is intended to establish an alternative method for the financing of public improvements for lands which will be reasonably benefited thereby and the provisions hereof shall not be construed to limit the power of the City to utilize any other lawful method for accomplishing this purpose.
11-6-8: DEDICATION OF PROPERTY FOR PUBLIC PURPOSES: (2534 2694 2876 2912 3086 3664 3770
(A) Definitions. As used herein the following terms shall have the following meaning:
1. Single-family detached dwelling unit- a single dwelling unit contained in a free-standing structure that has no party walls with other structures. This category generally does not exceed five dwelling units per acre.
2. Single-family attached dwelling unit- a dwelling unit contained in its own structure from ground to roof, which structure shares one or more party walls with one or more similar units. A limited number of multi-family dwelling units may be incorporated into an otherwise single-family attached building. This category is generally over five dwelling units per acre but not exceeding eight dwelling units per acre.
3. Multi-family dwelling unit- a dwelling unit contained in a structure also containing other dwelling units in which each unit is attached to another at one or more party walls and at either the floor or the ceiling. For purposes of this Chapter, a dwelling unit otherwise meeting this definition but containing more than two bedrooms shall be considered a single-family attached dwelling unit. A structure could contain both multi-family dwelling units and single-family attached dwelling units as defined herein. This category is generally in excess of eight dwelling units per acre.
(B) PUBLIC LAND DEDICATION. (3086)
1. No land development containing proposed or potential residential uses shall be approved by the City unless the applicant for such development provides for the dedication of public lands to the City for park, open space, and other public purposes as determined by the City in accordance with this Section.
2. The applicant shall dedicate to the City an amount of developable land corresponding to the projected residential population of the development as follows: 12 acres per every one thousand persons. This minimum requirement reflects a portion of the projected demand of recreation and open space properties and facilities from the population of the proposed development.
Projected population is calculated as follows:
- Number of single-family detached units x 3.0 persons per unit, and
- Number of single-family attached units x 2.5 persons per unit, and
- Number of multi-family units x 2.0 persons per unit, and
- Number of independent living senior housing units x 1.5 persons per unit, and
- Institutional residential uses such as group homes, congregate care, and similar uses: number of beds x 0.5 persons per bed, and
- Assisted living and similar uses: number of beds x 0.25 persons per bed
- Skilled nursing facilities and similar uses are exempt
3. All land dedicated in accordance with this Section shall possess suitable access and shall be of a location, size, shape, and topography suitable for development into active recreational areas without significant earthmoving, unless otherwise approved by the City. The City shall have the option to accept as part of the dedication requirement major floodplains, narrow strips to provide trail connection from one major recreational or park area to another, or other undevelopable areas suitable for open space. Undevelopable land so designated shall be credited at 1/6 the value of developable land.
4. If the City determines a land dedication in accordance with this Section would not serve the public interest, the City may require payment of a fee in lieu of the dedication or may require dedication of a smaller amount of land than would otherwise be required and payment of a fee in lieu of the portion not dedicated. The amount of the fee shall be the fair market value of the land which would otherwise be required to be dedicated under this Section. "Fair market Value" shall be determined by the City, as of the date that dedication would otherwise be required. The city may require an appraisal to be performed. The appraiser must be licensed by the State of Colorado. Cost for the appraisal shall be the responsibility of the developer.
5. Land required to be dedicated under this Section shall be shown on Preliminary Development Plans and all other planning documents as "Public Land Dedication" and shall be dedicated to the City after the approval of the Preliminary Development Plan at such time as the City shall determine but in no event later than the approval of the Final Plat encompassing the land to be dedicated. Following the City's approval of a Preliminary Development Plan containing a public land dedication, the City may withhold approval of the property's Official Development Plan, Final Plat, or any other approvals, including building permits, until such public land dedication is perfected.
6. In considering whether to approve a phasing schedule incurred in a Preliminary Development Plan or Official Development Plan, the City shall consider whether the City will have adequate public land in the development for the land area actually developed. The City may require, as a condition of approval of such Preliminary Development Plan or Official Development Plan and any plats approved under such Preliminary Development Plan or Official Development Plan, that proposed public land be included as a part of an earlier phase than that proposed by the developer or subdivider.
7. All lands required to be dedicated under this Section shall be dedicated to the City without restriction and free and clear of any and all liens, restrictions, and covenants, regardless of whether the City or another entity will be the ultimate user under the proposed public use. Fees required under this paragraph shall be paid to the City by certified check at the time of final plat approval.
8. Land to be dedicated to the City under this Section shall be preserved and protected during the development process. The developer shall not disturb the topsoil or vegetation on the land during the development process. If the topsoil or vegetation is damaged or disturbed, the City may require the developer to pay the City the cost of restoring such vegetation and topsoil. All construction debris and other foreign matter shall be removed from the site prior to dedication.
9. The land dedication requirements under this Section are in addition to and separate from the requirements for public school sites, dedication of street rights of way and easements or rights of way for utilities, drainage facilities and other public improvements.
10. If, at the time of annexation of the land on which a development is proposed, the developer or a predecessor in interest dedicated lands to the City for public purposes, the land dedication requirements of this paragraph shall be reduced by the number of acres actually dedicated at that time.
11. Appeals pertaining to the calculation of land dedication for public land, park development fees, park development credits, or cash-in-lieu of dedication shall be made to the City Manager of the City of Westminster.
(C) PARK DEVELOPMENT FEES.
(1) City Policy. It is the policy of the City that all developers of any new residential development projects shall be required to provide, at the developer's expense, sufficient park improvements and recreational facilities to serve the projected population of the development. To accomplish this purpose there is hereby enacted a park development fee, in addition to any land contribution requirement imposed by this Code or any other City ordinance or resolution.
(2) Park Development Fee.
(a) Every person, firm or corporation applying for and obtaining any building permit for the original construction of any dwelling unit shall be required to pay, prior to the occupancy of the first unit in any building or structure and as a condition precedent to the issuance of any occupancy certificate, a park development fee based upon the number of dwelling units to be constructed, as follows effective 5-1-03:
| Single family detached
|| $ 1,547 per unit
| Single family attached or mobile home
|| $ 1,256 per unit
|Multi-family, congregate care or independent living senior housing
|| $ 1,031 per unit
| Assisted living Senior Housing
|| $ 358 per bed
The above fees shall be automatically adjusted annually by April 15th, in accordance with the Consumer Price Index (CPI) as established for the Denver metropolitan area. No occupancy certificate shall be issued nor shall any occupancy of the premises be permitted until such fee shall have been paid in full. Such fee shall be used only for the development of park and recreation facilities and services.
(a) Any person, firm, or corporation required to pay a park development fee hereunder may receive credit against such fee for public park improvement work done by said developer at the developer's expense simultaneously with the construction of the dwelling units in accordance with city standards and policies.
(b) The amount of such credit shall be determined by the city for various public park improvements such as, but not limited to, land leveling or earth work incorporated into the park improvements; installation of automatic irrigation systems; finished grading, soil preparation and seeding or sod; plant materials; and park equipment. To qualify for such credit, all park development plans must indicate the following, including but not limited to: a detailed cost estimate, site location and size, site design, grading, all improvements -including site amenities and landscaping, and shall be subject to the review and approval of the department of parks, recreation, and libraries, and shall be included in an official development plan approved by the city. Improvements must be designed and installed according to acceptable city standards and specifications. Improvements such as overlot grading, roadways, sidewalks, bikeways and trails, utilities, and other similar improvements, as determined by the city, which would be otherwise required with the development of the subdivision, or are adjacent to the public park, or off-site, are generally not subject for credit toward the park development fee.
(c) The required park development fee and any credits thereto, and the timing of completion of park improvements, shall be specified on the relevant official development plan for the project. Completion of park improvements should occur in an early phase of an overall development.
(d) The City Council may authorize park development fee credits for any improvements not listed above, which Council finds will benefit an existing or proposed park or recreation site or facility, including off-site improvements. Such credit shall not exceed 94 percent of the total park development fees owed by the developer; not less than 6 percent of the total development fee shall be paid by the developer in cash. Any proposed credit for park development fees which is authorized under this Subsection shall be subject to specific City Council approval, formalized in a written agreement which shall be approved by Council.
(D) CONVEYANCE OF NON-TRIBUTARY GROUNDWATER. All subdividers shall present with any application for approval of a final plat a conveyance to the City of non-tributary groundwater (as defined in C.R.S. 37-90-137(4) underlying the proposed subdivision, by deed in a form approved by the City. Such deed and plat shall provide for easements for pipelines and well sites and access thereto, together with consent and rights of entry for the exploration, construction and operation of required wells. Such conveyance shall be noted on any final plat approved by the City.
(E) ENVIRONMENTAL AUDITS. Unless waived by the City, a Phase I environmental audit shall be submitted in conjunction with any land dedication to the City, including but not limited to easements and rights-of-way.
(F) LAND DEDICATION FOR PUBLIC SCHOOL SITES.
(1) Scope and application. In order to meet the infrastructure demands placed upon the City and the school districts to adequately serve new residential development, the owner of unplatted residential lots; the owner of existing platted but undeveloped residential lots; and the owner of undeveloped attached or multi-family dwelling units for which building permits are issued after the enactment of this ordinance, shall provide public school sites or fees in lieu thereof to reasonably serve the proposed subdivision or residential development.
(a) The City Manager, in consultation with the specific school district, shall decide if the owner of unplatted residential property shall dedicate land or provide cash-in-lieu thereof. The City Manager, in consultation with the school district, shall determine the location of the land to be dedicated. On any preliminary development plan and any official development plan, land to be dedicated or cash-in-lieu of land dedication, shall be identified. For any residential properties with approved official development plans or final plats on the effective date of this ordinance, a cash-in-lieu of land dedication will be required, based upon the methodology herein. For any building permit for a new residential unit, the fee will be collected by the City at time of issuance of the utility permit for each unit or building consisting of multiple units.
(b) Exemptions from requirement of and dedication for public school sites.
The following uses within the City shall be exempted from the requirement of dedication for public school sites:
(i). Construction of any nonresidential building or structure;
(ii). Alteration, replacement, or expansion of any legally existing building or structure with a comparable new building or structure which does not increase the number of residential dwelling units;
(iii). Construction of any building or structure for limited term stay or for long-term assisted living, including, but not limited to, bed and breakfast establishments, boarding or rooming houses, family-care or group-care homes without students in public schools, halfway houses, hotels, motels, nursing homes, or hospices; and
(iv) Construction of any residential building or structure classified as housing for older persons, pursuant to the federal fair housing act then in effect.
(2) Methodology for determining dedication.
(a) The methodology for determining dedication of land or cash-in-lieu thereof and its supplementary background materials shall be as follows:
Student generation rate per dwelling unit
|| (elementary k-5)
|| (middle 6-8)
|| (senior high 9-12)
| Single-family detached:
| Single-family attached:
Group or family care with students: to be determined on an individual basis
School facilities requirements (site size in acres and facility capacity)
| Elementary school:
| Middle school:
| Senior high school:
Land costs per acre (final platted but undeveloped)
# of units x student generation rate = number of students
# of students ÷ current facility capacity = proportion of facility capacity
Proportion of facility capacity x site size in acres = acreage
Acreage x land cost per acre = project cash-in-lieu amount
Project cash-in-lieu amount ÷ number of units = cash-in-lieu per unit
(b) The cash-in-lieu per unit is a fixed amount based on the type of unit:
(c) The above fees and land values will be subject to annual adjustments to keep pace with the real estate market and land values.
(3) Conveyance of dedicated land/cash-in-lieu.
(a) Any person or entity proposing residential zoning or development shall dedicate or convey land for a public school site. In the event that land is not deemed feasible or in the best interests of the City or school district, as determined by the city or school district, the City may require a payment in lieu of land dedication or a combination of both dedication and payment. The manner of dedication or payment (land dedication or payment in lieu) shall be as stated in this ordinance and the incorporated methodology. This shall not preclude the City and school district, and any person or entity, from mutually agreeing to resolve the issue of dedication for public school sites in a manner other than as stated above. A credit or reduction of fee adjustment can be agreed upon for a developer or builder that is already involved in dedication and improving a school site at the time of subdivision.
(b) The City shall refer to the school districts all residential land development applications for review and comment concerning the number of students generated and the adequacy of public school sites and facilities. Land dedications for school sites shall be conveyed to the City of Westminster any time after preliminary development plan approval, by general or special warranty deed, or by dedication on the final plat, as determined by the City. Fees paid as cash-in-lieu of land dedication for unplatted residential properties shall be paid to the City of Westminster at time of Final Plat.
(c) The City shall collect cash-in-lieu for existing platted but undeveloped single-family lots, and single-family attached or multi-family buildings at the time of issuance of the utility permit for each lot or building. The City will identify the collection of the cash in lieu, by school district and lot address.
(d) An intergovernmental agreement with each school district will be required, addressing details of school site coordination and development referrals, the methodology of collecting and dispersing the funds, conveyance of land, accounting and reports, and other matters, prior to release of land dedications or cash-in-lieu to the appropriate school district.
4. Criteria for eligible and ineligible land: prior to dedication conveyance of land, the City shall determine if any geological, environmental, or other studies are to be conducted by the owner. Such required studies must be reviewed and accepted by the City. Land dedicated for school sites shall meet the standards of both the school district and the City, but in no event shall the following land areas be considered to fulfill the requirements of the provision for public school sites:
- Streams, gulches and lands within the 100-year floodplain (City Council may make exceptions to this requirement on a case by case basis);
- Rights-of-way and/or easements of irrigation ditches or aqueducts;
- Greenbelts, walkways, bike paths, or equestrian trails;
- Lakes, detention ponds, boggy lands or other bodies of water;
- Steep or rugged land areas and those areas which exceed a five percent (5%) slope (City Council may make exceptions to this requirement on a case by case basis); and
- Land areas that are hazardous for geological or environmental reasons, or sensitive wildlife areas (City Council may make exceptions to this requirement on a case by case basis).
5. Appeals: Appeals pertaining to the calculation of land dedication for school sites or cash-in lieu thereof shall be made to the Planning Commission of the City of Westminster.
11-6-9: Vacation of Public Roadways and Easements: (3421)
(A) Vacation of Public Roadways.
1. Public roadways and rights-of-way for public access shall be vacated by ordinance and title to said vacated property shall vest in accordance with the requirements of applicable state statutes. As used in this Section, the terms “roadway” and “rights-of-way for public access” include any platted, dedicated, or designated public street, alley, lane, avenue, road, sidewalk or other public way for travel, whether or not it has been used as such.
2. Any applicant requesting a vacation of a public roadway or public access right-of-way shall:
(a) File a written vacation request on a form provided by the City Engineer and pay the required application fee;
(b) Include a written legal description and depiction of the property to be vacated, prepared by a land surveyor certified by the State of Colorado;
(c) Include all relevant documents pertaining to the original dedication; and
(d) Include a written statement explaining why the roadway or right-of-way for public access is no longer needed for the public purpose for which it was originally required.
3. Prior to the scheduling of the proposed vacation ordinance, the City Engineer shall:
(a) Post the property with a public notice identifying the area affected by the requested vacation and listing a contact phone number for additional information;
(b) Notify all City departments and such public agencies and utilities as staff may reasonably determine to have a legal interest in the vacation request;
(c) Make a reasonable effort to obtain input from adjoining property owners and other members of the public as may be deemed necessary to formulate a recommendation to council;
(d) Make a preliminary finding that no present or future public access need exists for the area requested for vacation;
(e) Make a preliminary finding that the vacation request, if approved, will not leave any land adjoining said roadway without an established public road or a private-access easement connecting said land with another established public road.
(f) Make a preliminary finding whether or not an easement should be reserved by the city for the present or future use of any utilities, including but not limited to sewer, gas, water, electric, telecommunications or similar pipelines and appurtenances, or ditches or canals.
4. If the vacation ordinance is adopted, the applicant shall pay the respective county’s recording fees and the City shall record the vacation ordinance in the office of the appropriate clerk and recorder.
(B) Vacation of Utility or Other Easements.
1. City-owned easements may be vacated in accordance with the procedures established by the City Manager and the requirements of this Code. Nothing in this Section shall be construed to require the vacation of a City-owned easement. Vacation of City easements, except public access easements, may occur:
(a) Through the City’s subdivision or platting process; or
(b) By approval of the City Manager or the City Council. The City Manager may approve easement vacation requests where the vacation is no more than two acres in size. All other vacation requests shall be subject to City Council approval by motion.
2. Any landowner requesting vacation of a City-owned easement burdening the owner’s property shall:
(a) File a written vacation request on a form provided by the City Engineer and pay the required application fee;
(b) Include a legal description of the easement to be vacated, prepared by a land surveyor certified by the State of Colorado, unless the vacation will occur through the subdivision or platting process;
(c) Include all relevant documents pertaining to the original dedication; and
(d) Include a written statement explaining why the easement is no longer needed for the purpose for which it was originally required.
3. Prior to approving or recommending approval of any proposed easement vacation to the City Manager or City Council, as appropriate, the City Engineer shall:
(a) Notify all City departments and such public agencies and utilities that staff may reasonably determine to have a legal interest in the vacation request;
(b) Make a reasonable effort to obtain input from adjoining property owners and other members of the public as may be deemed necessary to determine if any present or future need exists for the easement requested for vacation; and
(c) Determine the present value of the easement.
4. If an easement vacation is approved as part of the subdivision or platting process, such vacation shall be called out in a separate statement and the vacated area shall be delineated clearly on the final plat. Except where the vacation occurs through the subdivision or platting process, the City Manager is authorized to sign and deliver a quit claim deed to the owner of the property burdened by the easement after recording the same, upon payment by the owner of the recording fees. In either case, the City Manager is authorized to determine if the approval of the easement vacation will be conditioned upon the owner’s payment of the present value of the easement to the City.