TO: Mayor and Town Council
FROM: Jill Keimach, Town Manager
Andrew Miller, Town Attorney
DATE: December 5, 2019
CONTACT:
Staff Contact
Andrew Miller, 480-348-3691
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AGENDA TITLE:
Title
Adoption of Ordinance No. 2019-13; Cost Recovery Ordinance
Body
RECOMMENDATION:
Recommendation
Adopt Ordinance Number 2019-13.
Background
BACKGROUND: The Town Council has requested that the Town staff research how other municipalities assess costs for street, sidewalk, drainage, and other public improvements to new development. The staff had recommended one such approach and a draft ordinance that was prepared for the Council to consider at its study session on November 21, 2019. The Council decided to not discuss the draft ordinance and the matter was carried over to the December 5, 2019 Council Meeting for discussion and for a public hearing on a draft ordinance. The Town staff has now revised the draft ordinance to be more in keeping with the mechanisms used by other municipalities, such as the City of Surprise.
The revised draft ordinance relies on the authority found in Arizona Revised Statute ? 9-500.05 (the "DA Statute") which provides that the Town Council may adopt resolutions or ordinances providing for development agreements that incorporate conditions, terms, restrictions and requirements for public infrastructure and the financing of public infrastructure and subsequent reimbursements over time, including for the construction of streets and sidewalks. The Ordinance uses the approach taken by many cities to provide that if the Council determines that certain public improvements (including streets, sidewalks, water lines, sewer lines, storm sewer lines and systems, curb, gutter, street lights, traffic signals and public landscaping) are necessary before the development of a "benefitted" property, the Council may either order these improvements to be constructed by the Town at its expense or by a developer (who enters into a repaymen...
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