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City Council Ordinance 57 (2)I i=7=h' SECTION: r� CHAPTER T u ,. REQUIRED BASIC I MPROVEMEN-i � c GENERAL STREET IMPROVEMENTS 'SANITARY SEWER AND 4ATER2'DISTRI6UTION IMPROVEMENTS PUBLIC UTILITIES ' 11-7-1: GENERAL:' (A) BEFORE A FINAL -PLAT IS APkOVED B+ THE CITY t6U'NCIL, THE OWNER OR SUBDIVIDER OF THE LAND COVERED BY THE SAID PLAT SHALL EXECUTE AND SUBMIT TO THE COUNCIL -AN AGREEMENT, WHICH SHALL RE BINDING ON HIS OR THEIR HEIRS, PERSONAL REPRESENTATIVES AND ASSIGNS_#,THAT HE WILL CAUSE NO PRIVATE CONSTRUCTION TO BE MADE ON SAID PLAT OA' FILE OR CAUSE TO BE FILED ANY APPLICATION FOR BUILDING PERMITS FOR SUCH CONSTRUCTION UNTIL ALL IMPROVEMENTS REQUIRED UNDER THIS ORDINANCE HAVE BEEN MADE OR ARRANGED FOR IN THE MANNER FOLLOWING AS RESPECTS THE STREETS TO WHICH THE LOTS SOUGHT TO BE CONSTRUCTED HAVE ACCESS. (B) PRIOR TO THE MAKING OF SUCH REQUIRED IMPROVEMENTSV THE CITY COUNCIL SHALL REQUIRE THE OWNER OR SUBDIVIDER TO PAY TO THE CITY AN AMOUNT EQUAL TO A MINIMUM OF 25% AND UP TO 100% OF THE ESTIMATED TOTAL COST OF SUCH IMPROVEMENTS, INCLUDING NOT ONLY CONSTRUCTION BUT ALL INDIRECT COSTS, 'THE ACTUAL PERCENTAGE TO BE DETERMINED BY THE CITY IN EACH CASE BASED ON A TS REVIEW OF: I. THE "FINANCIAL '9ACKGROUND OF THE DEVELOPER - z. THE NORMALCY OF THE UNIT CHARGE FORIPUTTING IN THE IMPROVEMENT. 3. AN EVALUATION OF THE COST RECOVERY POTENTIAL THROUGH THE SALE OF THE LAND. 4. THE LIKELIHOOD OF SUCCESS OF THE DEVELOPMENT. 5• HAS THE DEVELOPER DEFAULTED ON ANY OUTSTANDING ASSESSMENT PAYMENTS IN THE PAST TWELVE (12) MONTHS. THIS PAYMENT MUST BE MADE TO THE CITY PRIOR_TO THE CITY COUNCIL ADOPTING THE RESOLUTION ORDERING THE PROJECT., THE BALANCE OF THE TOTAL PROJECT COST WILL BE ASSESSED 100% AGAINST THE BENEFITED PRO— PERTY, PAYABLE IN NOT MORE THAN FIVE (5) ANNUAL INSTALLMENTS WITH INTEREST AT A RATE OF AT LEAST 1.5% (ROUNDED UP TO THE NEAREST .25%) OVER THE RATE PAID ON BONDS ISSUED TO FINANCE THE IMPROVEMENTSO OR, IF FINANCED INTERNALLY, OVER THE THEN EQUIVALENT RATE THE CITY DETERMINES IT WOULD HAVE TO PAY ON BONDS ISSUED AT THAT TIME; PROVIDED, HOWEVER, THAT THE ENTIRE ASSESSMENT BALANCE OUTSTANDING AGAINST A GIVEN PARCEL IS TO BE PAID IN FULL PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR NEW CONSTRUCTION ON THAT PARCEL, IN THE EVENT A BUILDING PERMIT IS APPLIED FOR PRIOR TO COMPLETION OF INSTALLATION OF THE IMPROVEMENTS, THE PAYMENT TO THE CITY SHALL BE 1N AN AMOUNT EQUAL TO 125% OF THE ESTIMATED TOTAL ASSESSMENT- UPON COMPLETION OF THE PROJECT AND DETERMINATION OF THE ACTUAL COST TO BE ASSESSED,, ANY OVERCHARGE WILL BE REFUNDED AND ANY ADDITIONAL COST WILL BE DUE THE CITY WITHIN 30 DAYS OF NOTIFICATION OF SUCH ADDITIONAL COST- IF, FOR ANY REASONS SUBSEQUENT TO HAVING MADE SUCH ADVANCE PAYMENT TO THE CITY, THE DEVELOPER SHOULD WITHDRAW FROM THE PROJECT, THE CITY IS ENTITLED TO RETAIN AN AMOUNT EQUAL TO THE CITYIS COST RELATED TO THE PROJECT TO THAT TIME, AND THE BALANCE SHALL BE REFUNDED TO THE DEVELOPER, (C) NO FINAL PLAT SHALL BE APPROVED BY THE CITY COUNCIL WITHOUT FIRST RECEIVING A REPORT FROM THE CITY ENGINEER CERTIFYING THAT THE IM— PROVEMENTS DESCRIBED HEREIN, TOGETHER WITH THE AGREEMENTS AND DOCUMENTS REQUIRED HEREIN, MEET THE MINIMUM REQUIREMENTS OF ALL APPLICABLE ORDINANCES. DRAWINGS SHOWING ALL IMPROVEMENTS AS BUILT SHALL BE FILED WITH THE CITY CLERK. 0 5- ^1 (D) NO FINAL PLAT SHALL BE APPROVED BY THE CITY COUNCIL ON LAND SUBJECT TO FLOODING OR CONTAINING POOR DRAINAGE FACILITIES AND ON LAND WHICH WOULD MAKE ADEQUATE DRAINAGE OF THE STREETS AND LOTS IMPOSSIBLE* HOWEVER, IF THE SUBDIVIDER AGREES TO MAKE IMPROVEMENTS WHICH WILL$ IN THE OPINION OF THE CITY ENGINEER$ MAKE THE AREA COMPLETELY SAFE FOR RESIDENTIAL OCCUPANCY AND PROVIDE ADEQUATE STREET AND LOT DRAINAGES AND CONFORM TO APPLICABLE REGULATIONS OF OTHER AGENCIES SUCH AS THE U. S. CORPS OF ENGINEERS OR THE DEPARTMENT OF NATURAL RESOURCES THE FINAL PLAT OF THE SUBDIVISION MAY BE APPROVEDo IN ADDITION$ SUCH PLATS MAY NOT BE APPROVED IF THE COST OF PROVIDING MUNICIPAL SERVICES TO PROTECT THE FLOOD PLAIN AREA WOULD IMPOSE AN UNREASONABLE ECONOMIC BURDEN UPON THE CITY* (E) ALL OF THE REQUIRED IMPROVEMENTS TO BE INSTALLED UNDER THE PROVISIONS OF THIS ORDINANCE SHALL BE INSPECTED DURING THE COURSE OF THEIR CON— STRUCTION BY THE CITY ENGINEER* ALL OF THE INSPECTION COSTS PURSUANT THERETO SHALL BE PAID BY THE OWNER OR SUBDIVIDER IN THE MANNER PREM I SCRIBED IN PARAGRAPH (B) ABOVE* (F� WATER* SANITARY SEWER AND STORM SEWERS LATERALIL1NES SHALL BE ASSESSED 100% AGAINST THE BENEFITED PROPERTY WITHIN THE PROPOSED SUBDIVISION* THESE ASSESSMENTS SHALL BE MADE ON A RESIOFNTIAL HOUSING UNIT BASIS* (G) WATER, SANITARY AND STORM SEWERS TRUNK LINES SMALL BE ASSESSED 100% AGAINST THE BENEFITED PROPERTY$ WHETHER OR NOT THE SERVICES ARE MADE IMMEDIATELY AVAILABLE TO THE PROPERTY$ ON A NET PLATTED AREA BASIS* THE ASSESSMENTS WILL UTILIZE A PER ACRE UNIT FOR LARGE UNDEVELOPED ! AREAS AND A PER SQUARE FOOT UNIT FOR PLATTED PROPERTIES* THE COST OF CONSTRUCTING PERMANENT STREETS$ INCLUDING CURB AND GUTTER$ WILL BE 100% ASSESSED AGAINST BENEFITED PROPERTY BASED ON FRONT FOOTAGE. CORNER LOTS SHALL BE ASSESSED FOR FRONTAGE ONLY WITH NO CHARGE MADE FOR THE LONG SIDE LOT FOOTAGE. COSTS RESULTING FROM INTERSECTIONS AND SIDE LOT FOOTAGE SHALL BE INCLUDED IN THE TOTAL AMOUNT TO BE ASSESSED AND APPORTIONED OVER THE NET ASSESSABLE FOOTAGE* IN THE CASE OF ODD—SHAPED LOTS$ THE FOOTAGE SHALL BE AS MEASURED AT THE BUILDING SET—BACK LINE; HOWEVER, IN N,O EVENT SHALL THE ASSESSALBE FOOTAGE BE LESS THAN THE MINIMUM LOT WIDTH AS REQUIRED BY THE CITY. (1) AT THE REQUEST OF THE OWNER OR SUBDIVIDERS THE CITY MAY AGREE TO SPREAD ALL OF THE.ASSESSMENTS AGAINST THE SUBDIVISION ON A PER LOT OR RESIDENTIAL_HOUSING UNIT BASIS, RATHER THAN ON THE VARIOUS METHODS SET FORTH IN (F)$ (G) AND (H) ABOVEo _ I - (J) IN ALL CASES$ THE PROCEDURE FOR LOCAL IMPROVEMENTS PRESCRIBED IN MINNESOTA STATUTES CHAPTER 429, SHALL BE FOLLOWEDo (K)!I THE REQUIREMENTS OF THIS ORDINANCE ARE INTENDED TO BE COMPATIBLE WITH nil THE ASSESSMENT.POLICY ORDINANCE 13-1-1 THROUGH 13-1-3* (6-i2-78 #57) I 11-7-2 11-7-2: STREET IMPROVEMENTS: 11-7-4 (A) THE FULL WIDTH OF THE RIGHT—OF—WAY SHALL BE GRADED, INCLUDING THE SUBGRADE OF THE AREAS TO BE PAVED, IN ACCORDANCE WITH STANDARDS AND SPECIFICATIONS FOR STREET CON- 3T9UCrION AS REQUIRED BY THE CITY COUNCIL. (B) ALL STREETS SHALL BE IMPROVED WITH PAVEMENT IN ACCORDANCE WITH THE STANOARDS AND SPECIFICATIONS FOR STREET CONSTRUCTION AS REQUIRED BY THE CITY COUNCIL (C) ALL STREETS TO BE PAVED SHALL BE OF AN OVERALL WIDTH IN ACCORDANCE WITH THE STANCARDS AND SPECIFICATIONS FOR STREET CONSTRUCTION AS REQUIRED BY THE CITY COUNCIL. (D) CURB AND GUTTER WILL BE CONSTRUCTED AS REQUIRED BY THE STANDARDS AND SPECIFICATIONS FOR STREET CONSTRUCTION AS REQUIRED BY THE CITY COUNCIL. (E) STORM SEWERS, CULVERTS, STORM WATER INLETS, AND OTHER DRAINAGE FACILITIES WILL BE REQUIRED WHERE THEY ARE NECESSARY TO INSURE ADEQUATE STORM WATER DRAINAGE FOR THE SUBDIVISION, WHERE REQUIRED, SUCH DRAINAGE FACILITIES SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE STANDARDS AND SPECIFICATIONS FOR STREET CONSTRUCTION AS REQUIRED 81 THE CITY COUNCIL. (F) STREET TREES AND BOULEVARD SODDING SHALL BE PLANTED IN CONFORMANCE WITH THE STANDARDS AND SPECIFICATIONS AS REQUIRED BY THE CITY COUNCIL. (G) STREET SIGNS OF THE STANDARD DESIGN AS MAY BE REQUIRED BY THE CITY COUNCIL SMALL BE INSTALLED AT EACH STREET INTERSECTION. (H) SIDEWALKS OF STANDARD DESIGN AS MAY BE REQUIRED BY THE CITY COUNCIL. 11-7-3: SANITARY SEWER AND WATER DISTRIBUTION IMPROVEMENTS: (A) SANITARY SEWERS SHALL BE INSTALLED AS MAY BE REQUIRED c3Y STANDARDS AND SPECIFICATIONS APPROVED BY THE CITY COUNCIL. (B) CITY WATER FACILITIES, INCLUDING PIPE FITTINGS, HYDRANTS, ETC., SHALL BE INSTALLED AS MAY BE REQUIRED BY STANDARDS AND SPECIFICATIONS APPROVED BY THE CITY COUNCIL. WHERE CITY WATER FACILITIES ARE NOT AVAILABLE FOR EXTENSION INTO THE PROPOSED SUB— DIVISION, THE CITY COUNCIL MAY BY ORDINANCE GRANT A FRANCHISE FOR SUCH WATER FACILITIES, TO SERVE ALL PROPERTIES WITHIN A SUBDIVISION WHERE A COMPLETE AND ADEQUATE NEIGHBORHOOD MATER DISTRIBUTION SYSTEM IS DESIGNED IN CONJUNCTION WITH THE SUBDIVISION, AND COMPLETE PLANS FOR THE SYSTEM ARE SUBMITTED rOR APPROVAL OF THE CITY COUNCIL. (C) WHERE CITY SEWER AND WATER FACILITIES ARE NOT AVAILABLE FOR EXTENSION INTO PROPOSED SUBDIVISION, THE COUNCIL MAY PERMIT THE USE OF INDIVIDUAL WATER AND SEWER SYSTEMS IN ACCORDANCE WITH APPROPRIATE STATE REGULATIONS. 11-7-4: PUBLIC UTILITIES: (A) WHERE FEASIBLE, IN THE OPINION OF THE ENGINEER, ALL UTILITIES LINES FOR TELEPHONE AND ELECTRIC SERVICE SHALL BE PLACED IN REAR LINE EASEMENTS WHEN CARRIED ON OVER— HEAD POLES. (B) WHERE TELEPHONE, ELECTRIC ANO/OR GAS SERVICE LINES ARE TO BE PLACED UNDERGROUND ENTIRELY, CONDUITS OR CABLES SHALL BE PLACED WITHIN EASEMENTS OR DEDICATED PUBLIC WAYS, IN SUCH A MANNER SO AS NOT TO CONFLICT WITH OTHER UNDERGROUND SERVICES. ALL DRAINAGE AND OTHER UNDERGROUND UTILITY INSTALLATIONS WHICH TRAVERSE PRIVATELY OWNED PROPERTY SHALL BE PROTECTED BY EASEMENTS FURNISHED BY THE SUBDIVIDER. (c) EACH PUBLIC UTILITY COMPANY INSTALLING UNDERGROUND FACILITIES MUST FILE WITH THE CITY AN AS BUILT DRAWING WITHIN ONE HUNDRED EIGHTY (180) DAYS OF INSTALLATION, INDICATING THE LOCATION OF THE UTILITY IN RELATION TO THE PROPERTY LINES, ELEVATION OF THE FACILITY, AND THE GROUND ELEVATION AT EACH SERVICE OR AT EACH ONE HUNDRED (100) FOOT INTERVAL. THE TYPE, SIZE, VOLTAGE, OR PRESSURE OF THIS FACILITY INCLUDING LOCATION OF APPURTENANCES ALONG -THE LINES FOR SHUT OFF CONTROL SHALL ALSO BE INCLUDED.