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)