Traffic signal and streetlight reimbursement agreements.
(A) When a developer is required to install a traffic signal as part of the development plan, the developer shall be entitled to enter into a reimbursement agreement with the town to provide for recovery of costs from owners of other comers of the intersection which are undeveloped at the time the plans are approved. To be eligible for reimbursement, all such improvements must have been publicly bid in accordance with the provisions pertaining to public works projects under A.R.S. Title 34 or a public bidding process approved by the Department in writing prior to advertising for bids, provided such bid process, at a minimum requires:
(1) A minimum of three bids to be received on the project;
(2) The sealed bids are opened in the presence of the Town Engineer; and
(3) The level of reimbursement is based on the low bid submitted, regardless of whether that bidder is selected by the developer. The reimbursement costs shall be computed by the Department based on actual construction cost of the signal plus engineering and construction inspection costs. Such determination shall be made a part of the reimbursement agreement. The total of such reimbursement to the developer shall not exceed the total costs as determined by the Department less the proportion of the costs applicable to the developer's project. The developer shall furnish the Department a certified copy of the actual costs when he or she requests the reimbursement agreement. No reimbursement shall be received from others on comers already developed. The Department shall determine the applicability and the amount of buy-ins due when development occurs on the other corners of the intersection. As a general rule, one-quarter of the total cost will be assessed to each corner. Exceptions may apply when the size of a parcel or the amount of traffic generated warrants a different assessment.
(B) When streetlights are installed by a developer on local or collector streets, he or she shall be entitled to enter into a reimbursement agreement with the town to provide for recovery of cost from others who develop later on land adjacent to the streetlights installed by such developer. The developer must bid the installation of the street lighting in accordance with the provisions pertaining to public works projects contained in A.R.S. Title 34, to be eligible for reimbursement. The Public Works Director shall determine the amount of street frontage eligible for reimbursement, and such determination shall be made a part of the agreement. Reimbursement shall be made on the basis of street frontage at rates established by the Department. Such rates shall include current costs for engineering, construction and inspection and shall be reevaluated annually in July.
(C) All reimbursement agreements must be requested by the developer and shall run for a period not to exceed ten years from the date of execution by the Public Works Director, who is hereby authorized to execute these agreements in accordance with the provisions of this section. The agreements shall automatically terminate at the end of the ten-year period. No agreement shall be approved and executed more than one year after date of acceptance of the improvements, and no reimbursement shall be received from projects already developed.
(D) Reimbursement shall be made by the town upon receipt of payment from adjacent property owners, less the fee established by Council resolution per reimbursement transaction which shall be retained by the town to cover administrative costs. All agreements shall include the name and address of the recipient of reimbursement payments, and it shall be the developer's responsibility to keep such information current. Agreements may be assigned by the developer upon written notification to the Public Works Director and subsequent written acknowledgment.
(E) Buy-ins for traffic signals and streetlights shall be collected by the town only when a valid reimbursement agreement is in force. They shall be paid before the earliest to occur; final plat, or site development plan, is approved, a building or grading permit is issued for work on the property, or a change in zoning is granted by the Council.
(Ord. 05-12, passed 7-12-2005)