Agenda - Council - 11/14/1995 - Laserfiche WebLink

Home

TO: CC: CityiCouncil MEMORANDUM This all stems from the Fifth Amendment to the U.S. Constitution which state~ that "... private property (shall not) be taken for public use lwithout just compensation." In interpreting this constitutional provision, the courts have stated with regard to exactions demanded by a City that the exaction must bear a reasonable relationship~ to the projected impact of the proposed development. Therefore, t~e law requires that the City be able to demonstrate that the impact af a new development have a direct relationship to the City's transportation system and therefore the City's need for $500 for each new~y created lot. If challenge~ in the future, the City may be required to show on a case by case~ basis that the exaction is related both in nature and extent to th~ proposed development's impact. CitylAdministrator City!Engineer CitylFire Director CitylBuilding Inspector RE: Development Impact Fees DATE: Nove~ber 14, 1995 This memo relates tO Case 9 of your November 14 Meeting Agenda. Attached yo~ will find a proposed ordinance which staff would like to have i~t~oduced at your November 14th Council meeting. Also attached ls~ a proposed resolution for your consideration. The resolution ~nd ordinance will be more thoroughly reviewed with the Road and Bridge Committee on November 28, 1995 and with the Council on that evening as well. I want to b~ing your attention at this time to an important legal issue relating to impact fees. Over the past few years, the U.S. Supreme Cou~t has become very sensitive with regard to protecting personal property rights. Impact fees such as those represented by the attached ordinance and resolution and the more typical park/utility[ land dedication requirements by Cities are considered property rights.