(A) Prior to a permit being issued for construction of public improvements for which repayment is being requested, the following requirements shall be met:
(1) A benefit study, paid for by the developer or property owner seeking repayment, shall be prepared and utilized as the basis for determining the obligation of the developer or property owner, the additional public improvements to be installed that may benefit other property beyond the obligation of the developer or property owner, and the level of repayment to be paid for the additional public improvements constructed.
(2) A diagram or map describing all property which will be benefitted by any public improvements to be installed shall be provided to the Department.
(3) The field engineering, plans and specifications required for the public improvement may be prepared by the owner or the town. If prepared by the owner, they must be approved by the Department or designee prior to construction. The engineering costs for preparation of plans and staking of the public improvements only, which are incurred by the owner or developer, may be included as determined by the Department, or designee in the agreed construction costs as provided in this section.
(4) For any public improvements which are constructed, the owner or developer shall furnish and install to town specifications all facilities within the boundary of the designated area of the development.
(5) Detailed plans and specifications for public improvements which are extensions to existing public facilities must be approved by the Department prior to construction.
(6) The project shall be bid in accordance with the provisions pertaining to public works projects contained in A.R.S. Title 34 or a public bidding process approved by the Public Works Director in writing, provided such bid process, at a minimum, requires:
(a) A minimum of three sealed bids to be received on the project;
(b) The sealed bids are open in the presence of the Public Works Director or Town Engineer; and
(c) The level of reimbursement is based on the low qualified bid submitted, regardless of whether that bidder is selected by the developer. The bids shall be opened by the town on a pre-determined date agreeable to the owner or developer and the town. The town and the owner or developer reserves the right to reject any or all bids. The construction costs shall be determined prior to the commencement of construction and shall be approved by the town. In the event that the agreed upon construction costs increase, the repayment agreement may be amended upon approval of the additional construction costs by the town.
(7) The town will perform the inspection during construction and shall charge the owner or developer for the inspection of the public improvements. The costs of such inspections may be included in any repayment agreement.
(8) The ownership of all public improvements upon inspection and acceptance as meeting town standards shall be vested in the town.
(B) The property owners and any other persons directly interested in the work or in the repayment obligation may, prior to the time fixed for the hearing, file in the office of the Town Clerk a written objection, briefly specifying the grounds for objection.
(C) At the time of public hearing, the Town Council shall hear and pass upon any objections to the proposed repayment agreement; and its decision' shall be final and conclusive. It may modify the extent of the proposed improvements or methodology for allocating the total costs of the proposed improvements, and proceed without the necessity for republishing and remailing new notices.
(Ord. 05-12, passed 7-12-2005)