DISCLAIMER

 

08-010-O  AS AMENDED                                  REPLACEMENT


ORDINANCE NO. __________


AN ORDINANCE AMENDING CHAPTER 2 OF THE DULUTH CITY CODE, 1959, AS AMENDED; ADDING ARTICLE XXXIV - MINIMUM REQUIREMENTS FOR A PHYSICAL DEVELOPMENT FINANCED BY CITY

BY COUNCILOR FEDORA:

The city of Duluth does ordain:

     Section 1. That the Section 2 of the Duluth City Code, 1959, as amended, be amended by adding a new Article XXXIV to read as follows:

Article XXXIV. Regulation of Physical Development--

Statement of Sources and Uses.

Sec. 2-179.  Policy.

     It is the policy of the city of Duluth to engage in appropriate physical development activities, but only in compliance with law, this ordinance, and reasonable standards for the honest disclosure of costs and revenue sources to the public.

Sec. 2-180.  Definitions.

     (a)  Application. Any document, including a city council resolution, the purpose of which is to authorize a physical development. It includes an agreement whereby the city agrees, as part of a development project, to alter or build public facilities, streets, sewers, or other physical improvements, including a tourist attraction, and the contract for actual construction of the improvement;

     (b)  Physical development or project. Construction, rehabilitation or alteration of real estate, including buildings, structures or infrastructure, whether or not for public use, which is planned in whole or in part by city of Duluth funds or subsidy, or funds controlled by city of Duluth;

     (c)  Statement of sources and uses. A document, on a form approved by the chief administrative officer, which contains the following information about the physical development:

           (1)  The estimated actual amount and use of each expenditure for the physical development;

           (2)  The amount and source, by fund if applicable, of each revenue that will be used to pay the expenditures that equals the amount of the expenditures referred to in paragraph (1) above;

           (3)  The amount of the total fee charged by the developer as a developer’s fee for doing the project;

Sec. 2-181.  Statement of sources and uses required.

     Whenever a physical development application that has an estimated actual total cost in excess of $100,000 is presented for review or approval to any elected official, city board or commission, Duluth economic development authority, or city council, it shall have attached to it a statement of sources and uses (which may be in the statement of purpose of a resolution) that substantially conforms to this Article. The city council shall not vote on any application, or part or amendment of one, unless the most current statement of sources and uses applicable to the project is available as a public document.

     Section 2. That this ordinance shall take effect 30 days after its passage and publication.


COUNCIL REQ/ATTY BFB:nmj 2/8/2008


STATEMENT OF PURPOSE:  This ordinance requires public disclosure of the cost of construction projects and the source of the money to pay for them before the project is commenced.