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(a) The city council, prior to the assessment of real property within the city for the next fiscal year, may levy annually for the purpose of maintaining or repairing street surfacing or pavement a special front foot assessment not to exceed $1 per front foot upon the lots fronting and abutting the street.
(b) (1) The assessment shall be apportioned on a front foot basis and levied in the following manner:
A. The city council, prior to the assessment of real property, may by resolution designate the lot or portion of lots against which the assessment is to be levied and the amount of the assessment against each lot or portions thereof for those purposes;
B. Notify the director of equalization to add the assessment to the general assessment against the property; and
C. Certify the assessment together with the regular assessment to the county auditor to be collected as taxes for the city for any general purposes.
(2) The assessment is subject to review and equalization the same as assessments or taxes for general purposes. Front foot, for the purposes of this section, means the actual front of the premises as established by the buildings thereon, record title and use of the property regardless of the original plat.
(1992 Code, § 38-31) (Ord. 104-99, passed 10-14-1999; Ord. 98-04, passed 9-20-2004; Ord. 102-05, passed 10-11-2005; Ord. 123-06, passed 10-2-2006; Ord. 100-07, passed 6-18-2007; Ord. 79-08, passed 6-16-2008)
(a) When the city council deems it necessary to construct or improve a local or collector street by special assessment where the streets are not improved or do not meet city design standards, the total cost of the improvements shall include, but not be limited to, the cost of acquisition of right-of-way and easements, grading, paving, curb and gutter, storm sewer, intersection improvements, utilities, utility relocation, engineering and testing, inspection, publication and legal expenses. Engineering, testing and inspection expenses shall not exceed the amounts shown in the following table:
Construction Contract Value | Professional Fee |
Under $500,000 | Actual cost up to 20% |
$500,001 to $1,000,000 | Actual cost up to 18% |
$1,000,001 to 5,000,000 | Actual cost up to 16% |
$5,000,001 and greater | Actual cost up to 14% |
(b) A property owner who donates the necessary land for right-of-way and easement purposes in accordance with city design standards shall not be assessed for the cost of acquisition of right-of-way and easements. Property owners who do not donate necessary right-of-way may be assessed for costs associated for the acquisition of the property, necessary utility relocation or easements necessary to construct the street.
(c) Property owners abutting the local or collector street improvement shall be assessed for actual costs of the street and utilities as limited to local and collector street standards.
(1992 Code, § 38-32) (Ord. 103-99, passed 10-14-1999; Ord. 9-02, passed 2-11-2002; Ord. 66-04, passed 6-14-2004; Ord. 97-07, passed 6-18-2007; Ord. 10-09, passed 1-12-2009)
(a) Owners of property platted prior to January 1, 2009, with direct access to an abutting arterial street will be assessed for the required sidewalk improvements if the owner does not construct the sidewalks.
(b) Property with direct access to the arterial street shall be assessed for sidewalk improvements based on the frontage of each platted lot which has direct access. Assessments for properties with shared driveways will be based on the total frontage of property sharing the driveway.
(1992 Code, § 38-32.1) (Ord. 103-99, passed 10-14-1999; Ord. 9-02, passed 2-11-2002; Ord. 66-04, passed 6-14-2004; Ord. 97-07, passed 6-18-2007; Ord. 10-09, passed 1-12-2009)
SIDEWALK AND DRIVEWAY APPROACH CONSTRUCTION
The construction of a permanent sidewalk fronting or abutting all streets, highways and avenues shall be accomplished by the builder, owner or developer of all new or relocated residential and commercial buildings within the city.
(1992 Code, § 38-39) (Ord. 104-99, passed 10-14-1999)
(a) The construction, repair, or alteration of all sidewalks, curb ramps, and driveway approaches within the public right-of-way shall be done under the direction of the city engineer or the city engineer's designee and strictly in accordance with the city's design standards and specifications for sidewalks, curb ramps, and driveway approaches. The city engineer or the city engineer's designee shall have full power to condemn work and material not in accordance with the requirements of those specifications.
(b) In addition, the city engineer or the city engineer's designee shall provide notice on behalf of the governing body to adjoining property owners to construct or repair sidewalks as required by state law.
(1992 Code, § 38-42) (Ord. 104-99, passed 10-14-1999; Ord. 28-17, passed 3-21-2017)
(a) Before any sidewalk or private driveway approach is constructed within the right-of-way by any contractor or person for the owners of abutting property, the contractor or person must first secure a permit from the city engineer unless the sidewalk or driveway approach will be constructed as part of a plan covered by a building permit. In these instances, the sidewalk and driveway approach construction will be covered by the building permit.
(b) Any person installing or constructing a sidewalk within the right-of-way and in front of or along property owned by him or her shall obtain a permit. The sidewalk shall be constructed in accordance with city specifications. If the city determines that the sidewalk was not constructed in accordance with city specifications, it shall be replaced by the property owner. The persons shall be exempt from the provisions of §§ 96.030 and 96.031. Driveway approach permits will only be granted to bonded and insured contractors.
(1992 Code, § 38-43) (Ord. 104-99, passed 10-14-1999; Ord. 28-17, passed 3-21-2017)
(a) An inspection shall be made after the installation of any sidewalk or driveway approach in the public right-of-way. Inspection requests shall be made within two business days of completion of the work. If an inspection request is not made, an administrative citation may be issued.
(b) The construction of sidewalks and driveway approaches within the public right-of-way shall be approved by the city prior to the issuance of a certificate of occupancy as provided by the building code, except where conditions exist which in the opinion of the city engineer or the city engineer's designee justify waiver.
(1992 Code, § 38-41) (Ord. 104-99, passed 10-14-1999; Ord. 28-17, passed 3-21-2017)
In approved planned unit developments including large scale residential developments as defined in chapter 160 of this Code, permanent sidewalks shall be located in a manner and in those areas as shall best provide access to the residents thereof, including utilization of open spaces and substantially as shown on approved development plans, all subject to §§ 96.051 through 96.054.
(1992 Code, § 38-46) (Ord. 104-99, passed 10-14-1999; Ord. 28-17, passed 3-21-2017)
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