(a) The owners of lots and lands abutting streets where curbs and gutters are required, shall be constructed in accordance with plans and specifications on file with the Office of the City Manager. The cost of preliminary surveys, drawings, specifications, profiles, estimates and street design shall be paid by the City.
(b) The owners of lots and lands abutting where curbs and gutters are planned, and whereas the actual cost of curb and gutter installation is less than ten percent (10%) of the total construction cost, said cost shall be considered incident to a more comprehensive improvement and all costs associated with curb and gutter installation shall be paid by the City. When the estimated cost for installation of curbs and gutters exceed ten percent (10%) of the comprehensive improvement cost of streets abutting upon such improvement, said cost of such improvement shall be paid by property owners by special assessment.
(c) When sixty percent (60%) or more of the owners of front footage abutting upon the improvement have petitioned the City, said cost of such improvement shall be paid by property owners by special assessment.
(d) Assessment costs: The actual costs of curb and gutter installation assessed on lots or lands abutting the street improvement, shall include the proportioned percentage of the total costs for damages resulting from the improvement assessed in favor of the owners of land affected by the improvement and interest thereon; the cost incurred in connection with the preparation, levy and collecting of the special assessments; the cost of purchasing, appropriating and otherwise acquiring therefor any required real estate or interest therein; expenses of legal services including obtaining an approving legal opinion, cost of labor and material, and interest on bonds and notes issued in anticipation of the levy and collection of the special assessments, together with all other necessary expenditures for construction of the improvements in accordance with the approved detailed drawings and specifications. The cost as finally determined after installation of curbs and gutters have been constructed and ready for use, less the total cost of the improvement within intersections and less fifty percent (50%) of the City share of said improvement.
(e) Assessment shall be by the foot front of the property abounding and abutting upon the improvements declared by a Resolution of Necessity for such improvement. Frontage shall have the same meaning as “Yard, front”, as defined in Section 1101.02. In those instances whereas said improvement abounds and abuts corner lots in both directions, the foot front shall apply in both directions, except for intersections as stated in subsection (d) above.
(Ord. 1996-44. Passed 4-16-96.)