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PREPARATION OF CAPITAL IMPROVEMENT PROGRAM BY THE PLANNING COMMISSION
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PREPARATION OF CAPITAL IMPROVEMENT PROGRAM BY THE PLANNING COMMISSION
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1/3/2012 1:31:38 PM
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7/21/2010 8:40:02 AM
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Legal Opinions
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PREPARATION OF CAPITAL IMPROVEMENT PROGRAM BY THE PLANNING COMMISSION
Date
5/9/1974
Agency
Planning & Building
Notes
OPINION 74-19
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Opinion No. 74-19 <br />May 9, 1974 <br />Page 2 <br />order of priority with the amount of funds required <br />for each capital improvement and the planned method <br />of financing and submit such a program annually to <br />the city. manager and the city council ." <br />The selection of ten years as the appropriate period was <br />apparently due to the need to establish a balance between a period <br />short enough to allow some realism in the calculation of future <br />funding and financing and a period long enough to have relevance <br />to long-term planning goals of the city. The Charter, in effect, <br />mandates the Commission to think ten years ahead in establishing <br />capital improvement priorities, taking into consideration both <br />the practical problems encountered in paying the costs involved <br />and the significance of proposed improvements with respect to <br />desired development of the city as set forth in the general plan. <br />The Planning Commission has particular expertise with questions <br />concerning the conformity of proposed improvement projects with <br />the planning and development goals of the city, and it thus con- <br />. stitutes an appropriate. agency for the injection of this factor <br />into the establishment of priorities between proposed municipal <br />capital improvements. The question of what time period constitutes <br />the best reference period for preparation of capital improvement <br />program may be one upon which reasonable minds may differ, but <br />the ten year period established by the charter certainly does not <br />appear to be unduly long with respect to the planning and develop- <br />ment element that should go into the preparation of that program. <br />As for the funding and financing statements which must be included <br />in the program, the~same degree of certainty cannot generally be <br />expected for low-priority projects as for those proposed for the <br />near future. However, the Charter section allows the annual revi- <br />sion of the program so that the proposed finding and financing <br />of future projects may be changed when circumstances so require. <br />In conclusion, the Charter requires tht the capital improve- <br />ment program list all improvement projects contemplated within <br />the ten years next forthcoming and that funding and financing <br />statements be included for each proposed project. Any variation <br />from these requirements is legally permissible only by way of <br />Charter amendment. To pl-ace such a Charter amendment on the <br />-55- <br />
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