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0292 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 Ordinance - Page 1 55 -35 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. Ordinance - Page 2 5S -35 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 Ordinance - Page 3 5S -35