(A) Persons other than the city may desire to alter and/or extend the city's street facilities for the purpose of making these facilities available to properties lying beyond existing facilities or the expansion of the existing facilities to handle additional traffic volumes beneficial to other properties within the area. Persons desiring to extend or expand street facilities must make application with the city engineer of the city requesting that these facilities be extended. Plans and specifications shall be filed with the city engineer setting forth the manner in which these facilities are to be extended. The street facility may be extended or enlarged by the applicant in the event that the city engineer approves the application, together with plans and specifications.
(B) In the event that the city engineer determines that properties other than the property being developed by the person constructing the street facilities benefit from the construction, the city may enter into an appropriate reimbursement agreement with persons constructing the street facilities. Said agreement shall provide that the city shall, but without liability therefor, endeavor to collect by way of encroachment charges, building permits, etc., the reimbursement to such initial developer so much of the construction costs of said street facilities as may be practically collected from the property owners on the basis of the extent to which said new street facility shall benefit their respective properties.
(C) Each reimbursement agreement with said persons shall be authorized by the city council in the same manner as other contracts. The reimbursement agreement and the rights therein granted shall be assigned by persons constructing said street facilities in the first instance.
(D) All rights for reimbursement under any reimbursement agreement shall terminate on the tenth anniversary of the date of the agreement and the city shall thereafter retain any fees charged for connection to the system.
(E) The area to be benefited shall be determined by the city engineer and a map designating the area to be benefited shall be attached to all reimbursements contracts.
(F) Determination of benefits may be based either on area or front foot charges, whichever is determined to be most equitable by the city engineer and the appropriate allocation of construction costs shall be based upon the benefits to be derived from each parcel of property. The determination of benefit and allocation of cost by the city engineer shall be final and conclusive.
(G) Fees shall be paid as required by section 4-8-1 of this code to defray the costs incidental to the processing of plans, specifications, and inspection of such work.
(H) All charges to be made pursuant to this section shall be in addition to any development fees or encroachment fees required by this code.
(I) The developer or applicant shall pay all the incidental costs of constructing an extension or addition to the city street system as set forth pursuant to this section. The parties within the area that will benefit from the extension or addition of the street improvements shall pay their proportionate share of the cost at such time as their application to encroach onto the city street is applied for or as part of the payment of any required development fees. (Ord. 1426, 9-9-1987)