Owners of the property within the West Grand Business Park PUD are responsible for the public improvements that are necessary to serve the property, except as outlined and limited within this Section. These improvements include the paving of public streets, sanitary sewer extension, water main extension, storm sewer improvements and traffic signals. In the event that the City deems that certain public improvements are necessary for the public health, safety and welfare, prior to the owners schedule of installation of certain public improvements, the property may be subject to future special assessments as shall be permitted and limited by the laws of the State of Iowa to be observed by municipalities. (Ord. 1373, 6-28-1999)
"Owners", as referred to in this Section and all its subparts, shall refer to a person or entity holding title to property within this PUD at the time a public improvement is to be completed and whose land includes, or is determined to be benefitted by, the public improvement.
A. Traffic Signals: The cost of installing traffic signals as may be required pursuant to the policies of the City of West Des Moines shall be divided equally between the owners of the property located immediately adjoining the four (4) corners (quadrants) of the intersections at which the traffic signals are installed. If traffic signals are needed at the intersection of South 88th Street and Grand Avenue, the owners will be responsible for two (2) quadrants of the cost of installation, with the City or other property owners being responsible for the remaining two (2) quadrants. If the City utilizes other than general, road use or debt services funds to pay a portion of the cost of installation of this traffic signal, the cost-share responsibility of each quadrant shall be reduced accordingly.
B. Public Streets: Owners adjacent to streets shall be responsible for the following:
1. The proportional share of reconstructing Booneville Road up to the cost of constructing a thirty-one foot (31') back-to-back street to the appropriate thickness with six inch (6") curb and gutter at the general locations shown in the traffic study dated September 22, 1997 and Exhibit C of Ordinance No. 1373; and
2. No costs are to be assessed or borne by the owners within the PUD for the reconstruction or repaving of existing Grand Avenue south of the railroad right-of-way as it is anticipated that the proposed realigned Grand Avenue will carry the bulk of the new traffic generated by the development and existing Grand Avenue is not anticipated to need to be widened because the anticipated uses south of the railroad will not be high traffic generating uses that will require the roadway to be widened in the future; and
3. All costs necessary to make additional traffic improvements due to requested developments which create a greater impact on the public street system above and beyond the traffic generation assumptions set forth in a traffic study dated September 22, 1997 for the West Grand Business Park prepared by Snyder & Associates, Inc., and which were not initially anticipated by said traffic study, shall be paid by the owners causing the need for those improvements.
C. Sanitary Sewer Improvements: The cost of the construction of the sanitary sewer through the property shall be in accordance with the provisions of the Southwest Service Area Sanitary Sewer Connection Fee District, Ordinance 1374. The fees required for connection to the sanitary sewer within this district, shall be required to be paid in accordance with the schedule outlined in the aforementioned Ordinance 1374 and shall be paid at the time of platting or building/plumbing permit, whichever comes first.
D. Water Main Improvements: Owners shall bear all costs (construction, engineering, and other overhead costs) of water main extensions within and immediately adjacent to the PUD. The owners agree that all water service to the PUD will be provided by the West Des Moines Water Works at the duly adopted retail water rates offered to other customers of the water works within the City. No water service shall be provided directly by other water utility(ies) to any development within the PUD, regardless of the presence of pipes within the PUD which are owned and/or operated by other water utility(ies), except as set out hereinafter. This provision shall not in any manner prevent the West Des Moines Water Works from purchasing water from said other water utility(ies) through connections to said pipes for resale to any development within the PUD or to developments served by the water works in other locations within or without the City's corporate limits.
Water service on a standby basis, only, may be provided by other utility(ies) to development existing as of the date hereof which development is located within Parcels 13, 14 and 15 of the PUD (the approximately 161 acres of land south of Grand Avenue). Owners agree that if water service is to be provided upon any basis other than standby, or additional development is to be served, this provision shall not apply and water service shall be provided by West Des Moines Water Works in the manner stated hereinbefore.
In the event connections are planned to be made to pipes within the PUD which are owned and/or operated by other water utility(ies), the owners shall provide the West Des Moines Water Works the opportunity to review and approve such connections as to their size, location and general arrangement, with the view of facilitating the development of the overall water distribution system in the area. The review and approval shall take place prior to any construction, or any commitment for construction, of such connections taking place. Such review shall be accomplished by the West Des Moines Water Works in an expeditious manner and such approval shall not be unreasonably withheld.
For those connections to the water mains of other utility(ies) which West Des Moines Water Works, in its sole opinion, shall deem to be unusable by water works in the development of its water distribution facilities, water works shall pay the amount of the design, construction and construction management costs of such water metering facilities, provided such facilities are constructed to the standards used elsewhere in the Des Moines metropolitan area for similar facilities. Water Works has been advised of the locations for four (4) connection points given to the McKinneys by the Des Moines Municipal Water Works into the feeder main which will be constructed through the McKinney Property. Water Works agrees to install, at its cost, the meter pit at the eastern most connection point (No. 4) as the Water Works has determined that this meter pit will be usable by Water Works in future water distribution facilities. Water Works will evaluate further requests for meter pit construction at the time the requests are made to determine whether payment for meter pits is appropriate.
E. Storm Sewer Improvements: All storm sewer improvements shall be borne by the owners of property necessitating such improvements and in accordance with the policies of the City of West Des Moines in existence at the time of development.
F. Easements For Public Improvements: All rights-of-way shall be given by deed or easement(s) by owners to the City at no cost to the City to comply with the right-of-way requirements of the comprehensive plan at the time of site plan, permitted conditional use permit approval, or platting (whichever comes first) of property containing such improvements within the West Grand Business Park PUD.
G. Railroad Crossing And Signalization: Costs for installation of railroad crossings and signalization will be the responsibility of the owners immediately adjacent to the intersection where the crossing and signalization is requested. The City will provide all reasonable cooperation, at the owner's request, to file applications with the Iowa Department of Transportation for funding assistance and in discussions with the railroad regarding securing permits, licenses, and easements to allow for such construction. Any expense of the City in providing reasonable cooperation shall be reimbursed by the owner(s). (Ord. 1373, 6-28-1999; amd. Ord. 2462, 4-5-2021)