Chapter 12.15
REIMBURSEMENT TO CITY FOR STREET IMPROVEMENTS
Sections:
12.15.020 Proportionate share of cost to be paid by property owner.
12.15.030 Requirements – Map – Minimum initial contribution.
12.15.040 Street reimbursement fund.
12.15.010 Purpose.
The following procedure for the installation of street improvements, including curbs, gutters, paving and sidewalks, as set out in this chapter, is intended as a procedure for reimbursement of street improvements made out of monies from the treasury of the city for such public improvements. [Ord. 91-16; Code 1990 § 7.2.01.]
12.15.020 Proportionate share of cost to be paid by property owner.
A. Whenever the city council determines that the public interest and necessity demand the construction and completion of street improvements, including curbs, gutters, paving and sidewalks, to undeveloped areas of the city not adequately improved, and appropriates monies out of the treasury of the city for such public improvements, no persons shall be permitted to develop such property until such property owner has paid to the city the proportionate share of the cost of the street improvements with respect to the property of such property owner; and no application, either by petition or otherwise, shall be approved by the city council for the building or development of such property until the property owners to be benefitted or a sufficient number thereof shall have paid to the city or agreed to pay such proportionate share of the costs of the street improvements as in the opinion of the council ensures the payment of the cost of the public street improvements. Such payments shall be in addition to any other fee prescribed by any ordinance of the city.
B. Whenever the city council determines that the public interest of the city will be served by the construction of street improvements in undeveloped areas of the city, no person shall be permitted to proceed with the development of such property until the property owner whose property shall be served by the street improvements shall have paid to the city his proportionate share of the cost of the street improvements, and no application for building permits or any other application shall be approved unless and until such person shall have paid to the city his proportionate share of the cost of the street improvements. [Ord. 91-16; Code 1990 § 7.2.02.]
12.15.030 Requirements – Map – Minimum initial contribution.
From and after the effective date of the ordinance codified in this chapter, no new street improvements designed to improve an area of the city not yet developed shall be installed by the city under this chapter until the following conditions shall have been performed and the following requirements fulfilled:
A. Whether initiated by the property owners by petition or initiated by the council itself by resolution, the council shall cause a map or plat to be prepared by the city engineer and filed with the city clerk, which map or plat shall show the exterior boundaries of the entire area proposed or designed to be eventually developed, which property is the subject of the proposed street improvements, or in lieu thereof, a written description of the area to be improved, together with an estimate of the total cost of the street improvements.
B. The adoption of a resolution by the council which shall prescribe a minimum initial contribution to be paid by the property owners of the area to be benefitted by the construction of the street improvements, based upon a percentage of the total estimated cost, which in all cases shall be sufficient in amount to satisfy the city council that the construction costs will be paid. [Ord. 91-16; Code 1990 § 7.2.03.]
12.15.040 Street reimbursement fund.
There is created in the office of the city treasurer a fund to be known as “street reimbursement funds,” into which fund all monies received from property owners pursuant to the terms of this chapter shall be paid, and the monies in such fund shall be used for no other purpose than the construction of street improvements to serve undeveloped areas of the city or extensions thereof and to reimburse prior advances from the city funds for the original construction of the improvements. [Ord. 91-16; Code 1990 § 7.2.04.]