Prior to the adoption of Ord. 15506 on 02/02/1998, Section 22-108 read as follows.


    (a) Definitions. "Local 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 streets and of constructing the local 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 streets within new subdivisions.

    (c) Local streets outside of new subdivisions. The cost of constructing or reconstructing local 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 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. The city may participate in the cost of local streets outside of new subdivisions as recommended by the director of public works and approved by the council as follows:

    (1)    Furnish engineering and inspection services;

    (2)    Pay intersection costs;

    (3)    Pay the cost of unforeseen construction expenses. "Unforeseen construction expenses" are those expenses arising after the award of the contract which could not have been reasonably determined by preliminary engineering investigation, and which are personally investigated and approved by the director of public works as to existence, undeterminability and necessity, when such unforeseen construction expenses are not included within the terms of the contract for performance by the contractor. Such expenses, when approved, shall be paid at the unit price provided in the contract or at the prevailing price of such materials or services. The contract shall be amended only after a change order is approved by the council.

    (d) Collector and arterial streets within new subdivisions. When collector and arterial streets are to be constructed within new subdivisions, the subdivider shall provide the right-of-way, engineering, clearing, grading, temporary construction rights-of-way and easements, and drainage improvements, and the city will participate as follows:

    (1)    Furnish inspection services.

    (2)    Pay for the cost of unforseen construction expenses.

    (3)    Pay for the added construction costs caused by width greater than local streets and other design standards necessitated by the fact that the street is classified as a collector or arterial street.

    (4)    The city shall construct or contract for the construction of the pavement portion of the street. The entire local portion may be charged by the levy of special assessments and issuance of tax bills against the lots, tracts and parcels of land benefitted by the construction in proportion to the number of fronting or abutting feet.

    (5)    Design and construct, or contract for the construction of, major drainage structures, including the full cost of the roadway associated with such structures. The length of the roadway associated with structures shall be measured either from the bridge abutments or the floodway area, whichever results in a longer roadway associated with the major drainage structure.

    (e) Collector and arterial streets outside of new subdivisions.

    (1)    A part of the local 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 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)