Sec. 7-169. - Reimbursement agreement.

When a person is required to install facilities which will also benefit property other than his own, the city or water purveyor may enter into a reimbursement agreement wherein the city or water purveyor may agree to reimburse such person as, if and when, and to the extent that it received payment hereunder from other property so benefitted, and may make such reimbursement in accordance with such agreement.

(Code 1960, § 8201; Ord. No. 1383, § 2, 6-26-78)

Sec. 7-170. - Existing facilities.

(a)

Where fire protection facilities exist, by reason of a reimbursement agreement or by reason of construction by the city, and the benefitting lot or parcel has not been taxed or assessed for such facilities, or has not paid its just share of the costs of providing the facilities, the owner or applicant for a building permit for construction, addition or alteration work on said benefitting lot or parcel shall pay to the city the just share of the cost of facilities attributable to such lot or parcel under any such reimbursement agreement or contribution or payment by the city for such facilities.

(b)

Exceptions to this section are as follows:

(1)

This section shall not apply to additions made to a single family residence where the square foot area of such additions does not exceed fifty (50) percent of the area of the residential portion of the building existing prior to addition.

(2)

This section shall not apply to alterations made to a single family residence when the value of the proposed alterations does not exceed fifty (50) percent of the value of the building being altered prior to its alteration.

(3)

This section shall not apply to construction of or addition to garages, carports, storage buildings or similar nonresidential buildings accessory to a single family residence, when the construction or addition does not exceed five hundred (500) square feet in area.

(Code 1960, § 8202; Ord. No. 1383, § 2, 6-26-78)

Sec. 7-171. - Same—Preparation of map.

In order to determine the application of this article the fire chief shall prepare a map or maps showing specifically any single family residential properties lacking necessary fire protection system. The map shall be delivered to the building and safety department for use in enforcement of this article. Any building permit issued contrary to the provisions of this article is hereby declared invalid and is automatically revoked.

(Code 1960, § 8203; Ord. No. 1383, § 2, 6-26-78)

Secs. 7-172—7-182. - Reserved.

ARTICLE XI. - PUBLIC RIGHT-OF-WAY IMPROVEMENTS CONSTRUCTION IN CONJUNCTION WITH BUILDING CONSTRUCTION

Sec. 7-183. - Definitions.

As used in this article, the following terms shall have the indicated meanings:

Adequate street lighting is hereby defined as a system of street lights providing an average illumination level and lighting uniformity ratio in accordance with the minimum standards of the Illuminating Engineering

Society for the particular classification of street considered.

Double frontage lot shall mean a parcel of land where both the front and rear yards are contiguous to a dedicated public street.

Full parkway width sidewalk shall mean a sidewalk whose width measures from the back of the curb to within six (6) inches of the adjacent property line. Such width shall be completely paved except for required tree wells.

(Code 1960, §§ 8304, 8308; Ord. No. 1383, § 2, 6-26-78)

Sec. 7-184. - Streets and highways; dedication required.

(a)

No building or structure shall be erected, enlarged or altered and no property shall hereafter be improved for parking purposes, and no building permit shall be issued therefor, unless the one-half (½) of the street which is located on the same side of the center line of the street as such lot has dedicated right-of-way for full width of the lot so as to meet the master plan and/or standards for such street. In addition to required dedication for street purposes, additional dedication for storm drain, sewer, water or other utility purposes may also be required in connection with building permits where such dedication is necessary to prevent the flooding of adjacent or nearby properties or to permit connection to required utilities.

(b)

No building or structure shall hereafter be erected on any lot within a public easement unless an encroachment permit has been issued by the city engineer.

(c)

Any person required to dedicate land by this section shall make an offer to dedicate property, executed by all parties of interest including beneficiaries and trustees in deeds of trust as shown by a current preliminary title report prepared by a title report prepared by a title company approved by the city engineer. Such report shall be on a form approved by the city attorney and the city engineer; be in such terms as to be binding on the owner, his heirs, assigns or successors in interest; and shall continue in effect until the city council accepts or rejects such offer.

(Code 1960, § 8300; Ord. No. 1383, § 2, 6-26-78)

Sec. 7-185. - Construction of street improvements—Required; exceptions.

(a)

Any person, owner, lessee or agent constructing or arranging for the construction of any parking lot or commercial, residential or industrial building or buildings, or building addition or alteration, shall also provide for the construction or installation to city standards, of sidewalks, curbs, gutters, street trees, adequate street lighting, street paving to the center line of the street, and necessary drainage structures unless such improvements already exist along all street frontages adjoining the lot on which the building or parking lot is to be constructed, enlarged or altered.

(b)

Exceptions to this section are as follows:

(1)

This section shall not apply to additions made to a single-family residence where the square foot area of such additions does not exceed fifty (50) percent of the area of the residential portion of the building existing prior to addition.

(2)

This section shall not apply to alterations made to a single-family residence when the value of the proposed alterations does not exceed fifty (50) percent of the value of the building being altered prior to its alteration.

(3)

This section shall not apply to construction of or additions to garages, carports, storage buildings and similar nonresidential buildings, accessory to single-family residences, where such construction or addition does not exceed five hundred (500) square feet in area.

(Code 1960, § 8301; Ord. No. 1383, § 2, 6-26-78)

Sec. 7-186. - Same—Prerequisite to approval of the building official.

The building and safety director shall deny final approval and acceptance for public utility connections to any building or parking lot until required street improvements exist or are constructed or their construction is guaranteed with an executed agreement and cash money deposited with the city in a sum approved by the city engineer based upon one and one-half (1½) times the estimated cost of construction.

(Code 1960, § 8302; Ord. No. 1383, § 2, 6-26-78)

Sec. 7-187. - Same—Construction agreement.

(a)

The construction guarantee agreement required by section 7-186 shall be effective on the date of the deposit of cash and shall end upon the date of completion to the satisfaction of the city engineer of all improvements required to be made. Upon completion of the improvements and their acceptance by the city, the cash deposit shall be returned to the owner.

(b)

The city is authorized, in the event of any default on the owner's part, to use any or all of the deposit money to cause all of the required work to be done or completed, and for payment of all costs and expenses therefor. Any money remaining shall be refunded to the owner.

(Code 1960, § 8303; Ord. No. 1383, § 2, 6-26-78)

Sec. 7-188. - Adequate street lighting—Owner's responsibility.

Where adequate street lighting facilities already exist but the lot or parcel upon which the building or structure is to be constructed or erected has not paid its fair share of the said facilities, the owner or applicant for a building permit shall pay to the city the fair share cost of such facilities attributable to such lot or parcel under any reimbursement agreement or contribution or payment by the city for such facilities.

(Code 1960, § 8305; Ord. No. 1383, § 2, 6-26-78)

Sec. 7-189. - Same—Reimbursement agreement.

Where a person is required to install street lights which will also benefit property other than his own, the city may agree to reimburse such persons as, if and when, and to the extent that it receives payment, pursuant to section 7-188, from an owner or applicant for a building permit on the other so benefitted property, and may make such reimbursement in accordance with such agreement.

(Code 1960, § 8306; Ord. No. 1383, § 2, 6-26-78)

Sec. 7-190. - Sidewalks—General requirements.

Sidewalks required by this article shall be installed as set forth in sections 7-191 and 7-192.

(Code 1960, § 8307; Ord. No. 1383, § 2, 6-26-78)

Sec. 7-191. - Same—Location.

Except for full parkway width sidewalks, the location of sidewalks shall be determined by the city engineer, unless modified by the planning commission or city council.

(Code 1960, § 8309; Ord. No. 1383, § 2, 6-26-78)

Sec. 7-192. - Sidewalk widths.

Sidewalk shall be installed in a width to serve the intended use and as follows:

(a)

Single family uses:

(1)

Sidewalks along frontages of streets shown on the "Master Plan of Streets," unobstructed five (5) feet in width.

(2)

Sidewalks along the rear frontage of a double frontage lot where access rights have been relinquished, full parkway width sidewalks.

(3)

Other single family residential sidewalks, unobstructed four (4) feet in width.

(b)

All other uses: Sidewalks adjoining all frontages, full parkway width sidewalks unless otherwise modified by the planning commission or city council.

(Code 1960, § 8310; Ord. No. 1383, § 2, 6-26-78)

Secs. 7-193—7-199. - Reserved.

ARTICLE XII. - REIMBURSEMENT OF THE COSTS OF PUBLIC RIGHT-OF-WAY IMPROVEMENTS IN CONJUNCTION WITH BUILDING CONSTRUCTION

Sec. 7-200. - Application of article.

The provisions of this article shall be applied in instances when all of the following conditions are met:

(1)

At the time of construction of the public right-of-way improvements a reimbursement agreement was established.

(2)

The construction of the public right-of-way improvements would be required by section 7-185 of this Code if they had not already been constructed.

(3)

Any payment for right-of-way dedication and any cost for portions of the street between the curb and center line over eight (8) feet in width are not included in the reimbursement agreement.

(Ord. No. 1491, § 1, 9-8-80)

Sec. 7-201. - Reimbursement agreement.

In those instances where the city engineer deems it advisable to establish a reimbursement agreement for public right-of-way improvements, the city engineer shall present to the city council for concurrence the proposed agreement and the estimated cost for each proposed reimbursee. The presentation shall be made prior to any improvements being constructed. After construction is completed and all costs are verified, the city engineer shall present the reimbursement agreement with the final costs for each reimburser to the city council for approval of the agreement. At that time the city council may approve as presented, approve as it modifies, or disapprove the reimbursement agreement.

(Ord. No. 1491, § 1, 9-8-80)