Chapter 22 PUBLIC WORKS AND IMPROVEMENTS*
Section 22-108 City participation in street construction or reconstruction.
(a)
Definitions. "Local residential street portion of costs" shall mean an amount not to
exceed
ninety (90) percent of the city's average cost of constructing the pavement portion of local
residential streets and of constructing the local residential pavement portion of collector and
arterial streets during the two (2) calendar years prior to the year in which the ordinance is
passed approving the engineer's final report for a particular street construction project.
"Major drainage structure" shall mean a bridge
or box culvert which is designed to convey a
twenty-five (25) year storm, using established engineering criteria and which has a span of more
than twenty (20) feet.
(b)
Local streets in new subdivision. The city will not participate in the cost of local residential
or local non-residential streets within new subdivisions.
(c) Local streets in approved subdivisions
that have not been constructed by the subdivider.
The city may construct local residential streets and alleys when those streets and alleys have been
dedicated for public use but have not been constructed by the subdivider. The cost of the
construction may be charged by the levy of special assessments and issuance of tax bills against
the lots, tracts and parcels of land benefited by the construction and fronting or abutting on the
street or alley. The assessment shall not exceed the full cost of construction, including
engineering and design, sidewalks, drainage structures and appurtenances and any associated
utility relocation or right-of-way costs.
(d)
Local residential streets outside of new subdivisions. The cost of reconstructing local
residential streets and alleys outside of new subdivisions may be charged by the levy of special
assessments and issuance of tax bills against the lots, tracts and parcels of land benefited by the
construction or reconstruction and fronting or abutting on the street or alley. The assessment
shall not exceed the local residential street portion of costs, as defined in subsection (a). The cost
of all or any part of such construction or reconstruction may be paid by the city as the council
may determine and specify in the ordinance authorizing the improvement.
(e)
Local non-residential streets outside of new subdivisions. The cost of constructing or
reconstructing local non-residential streets and alleys outside of new subdivisions may be
charged by the levy of special assessments and issuance of tax bills against the lots, tracts and
parcels of land benefited by the construction or reconstruction and fronting or abutting on the
street or alley. The assessment shall not exceed the full cost of construction, including
sidewalks, drainage structures and appurtenances and any associated utility relocation or right-of-way
costs.
(f)
Collector and arterial streets within new subdivisions. When a collector or arterial street
is
to be constructed within a new subdivision, the subdivider may request city participation in the
project. If the city council determines that the city shall participate in the project, the procedures
of division 3 of this article shall be followed. The subdivider shall provide the right-of-way
and
easements, engineering, clearing, grading to within +/-0.5 ft of final grade, and drainage
improvements necessary for the project. The subdivider shall not be required to provide
engineering for or to construct
major drainage structures. The subdivider shall be required to
provide the roadway grading to the bridge abutments or to the limits of the 100 year floodway if
the width of the floodway is greater than the length of the major structure.
The local residential
street portion of cost may be charged by the levy of special assessments and issuance of tax bills
against the lots, tracts and parcels of land benefited by the construction in proportion to the
number of fronting or abutting feet.
(g)
Collector and arterial streets outside of new subdivisions.
(1) A part of the local residential
street portion of costs, as defined in subsection (a), of
constructing or reconstructing collector and arterial streets outside of new subdivisions may be
charged by levying special assessments and issuance of tax bills against each lot, tract or parcel
of land benefited by the construction or reconstruction and fronting or abutting on the collector
or arterial street in an amount which shall not exceed an assessment for five hundred (500) front
feet.
(2) The criteria for determining the
part of the local residential street portion of costs which
shall be charged by levying special assessments and issuance of tax bills shall be the cost of
curbs and gutters, improved drainage, overlay, or such other criteria as approved by the council
upon the recommendation of the director of public works.
(Ord. No. 10832, § 1, 12-16-85; Ord. No. 13513, § 1, 11-16-92; Ord. No.
15506, § 1, 2-2-98;
Ord. No. 17470, § 1, 10-21-02)
(Ord. 17470, Amended, 10/21/2002, Prior Text; Ord. 15506, Amended, 02/02/1998, Prior Text)