HomeMy WebLinkAboutResolution No. 335-03 V77-777-
RESOLUTION
•
WHEREAS, the Public Works Department has received a request for a modification to
the policy as to how charges for projects constructed by the City's contractors are to be
recovered from developers of new subdivisions and developments.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City' of
Rochester that the following development charge assessment policy shall be adopted:
1. In circumstances where the City has initiated a project and installed
infrastructure for the benefit of other portions of the community and not
necessarily for the immediate, or direct benefit of the landowner, it is
appropriate that the Owner may request and the City may apportion the
cost of the project over future platted lots for a specified number of years
once the owner is ready for development (if the phases of the development
commence within the first five years after project completion).
2. If phases of any development lying within the affected property commence
within five years after completion of the project, the following rules apply:
A. The Owner shall execute a development/contribution agreement that
outlines the proportional project cost (based on the City's standard
• rate or the actual cost, if the project commencement is within one
year of development) that is attributable to the property, the lots upon
which the costs are to be apportioned, the time frame for repayment,
any chargeable interest/inflationary adjustments (ENR) that are
appropriate to reflect a present value cost of the improvement, and
the obligation of the Owner to waive any rights to contest the
charges/assessments.
B. Once the amount of the costs to be apportioned to the property have
been determined, the Owner must either pay the charges within 30
days of invoicing or request the charges for the development be
assessed against the lots.
C. If the costs are assessed against the lots, the charges will be levied
against the property with the appropriate interest rate and shall be
paid at the time of each lot connection or five years after the date of
project completion, whichever occurs first.
3. If development of portions of the property commence after the fifth year
after project completion, the following rules apply:
A. The Owner shall execute a development/contribution agreement that
outlines the proportional project cost (based on the City's standard
rate as adjusted by the ENR) that is attributable to the property,
• timeframe for repayment (including paying for each phase of
development within 30 days of invoicing after final plat/site plan
approval), and obligations of the Owner to waive any rights to contest
the charges/assessments.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF «, ,l , 2003.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
/ CITY CLERK
APPROVED THIS DAY OF 6 GraV , 2003.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
.Res2000\Adopt.Po1icyDevChargeAssess
i