HomeMy WebLinkAbout0292 Improvements to City by Street Landowner 1986CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 292
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADDING A NEW
SECTION 17.16.045 TO THE CHUBBUCK MUNICIPAL CODE, PROVIDING
FOR THE EXTENSION OF CITY STREETS AT A LANDOWNER'S EXPENSE
AND PROVIDING A MECHANISM WHEREBY SAID LANDOWNER MAY RECOVER
PART OF THE COST OF SUCH EXTENSION FROM ADJOINING PROPERTY
OWNERS, REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR
THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE;
PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTER
17.16 NOT HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND
EFFECT; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME
EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. Adoption of New Section 17.16.045 of the Chubbuck
Municipal Code. It is hereby added to the Chubbuck Municipal
Code a new Section 17.16.045, which is to read as follows:
17.16.045. Extension of improvements to city street by
landowner. Where the right of way for a street is
dedicated to the City, but the improvements required by
Title 16 or Title 17 have not been completed, and where such
street improvements potentially benefit adjoining lands, the
City Council may enter into an agreement with any owner of
land benefited by such street who desires to complete the
improvements thereon (hereinafter "developer "), whereby the
developer will complete the street improvements, subject to
reimbursement as provided for herein. The terms of the
agreement shall be approved by the City and shall specify the
cost of completing said street improvements, shall specify
the method of allocating said cost to all benefited
properties, shall provide that the cost of said street
improvements will be borne by the developer, shall describe
the properties benefited thereby and provide that the street
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improvements shall be constructed in accordance with all
applicable laws, ordinances and government regulations
including, but not limited to, Title 16 of the Chubbuck
Municipal Code. The method of allocation provided for in the
City's agreement with the developer shall be the front foot
method, a square foot method, or a combination thereof, or
such other method as may equitably allocate the costs of the
street improvements in proportion to the benefits derived by
each benefited property. The City will not issue permits to
build, install, place, repair or remove any structures or
improvements upon property described in the City's agreement
with the developer as benefited by the completion of the
street improvements until that portion of the cost thereof
allocated to such property is paid to the developer or to the
City for the benefit of the developer. Such allocated cost
shall be paid in addition to any other charges or fees
imposed by the City pursuant to ordinance or resolution. All
funds collected by the City from benefited landowners
pursuant to this section shall be paid to the developer.
Section 2. Repeal of Conflicting Ordinances. The provisions
of any Ordinance of the City of Chubbuck, Idaho, and any provision
of the Chubbuck Municipal Code which are in conflict with the
provisions of this Ordinance are hereby repealed to the extent of
such conflict.
Section 3. Severability. If any provision of this ordinance
is held invalid, for any reason, by any court of competent
jurisdiction, such holding shall not affect the validity or
enforceability of any of the remaining provisions.
Section 4. Effective Date. The rule requiring an ordinance
to be read on three separate days, one of which shall be a reading
in full, is hereby dispensed with, and this Ordinance shall become
effective upon its passage, approval and publication as provided
by law.
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PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY
OF CHUBBUCK, IDAHO, this 28th day of APRIL
1986.
1 .r
AYOR
ATTEST:
�/ W` ,
CITY CLERK
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