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2025 Ordinances
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Last modified
12/10/2025 10:42:58 AM
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1/2/2025 4:38:28 PM
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maintenance or repairs for the public improvements as required by the city engineer for a <br />period of one year after acceptance of such improvements. <br />(g) In those instances in which any of the improvements as required by this section could be <br />more conveniently installed by the city or its agent, the city may, in its discretion, accept <br />payment of the total cost of such improvements in lieu of actual construction or bond as <br />required above. Such payment will be set forth in an agreement approved by the city <br />attorney, which agreement will set forth the conditions of payment and a time limit upon the <br />use of such payment by the city, such time limit in no instance to exceed ten years. If such <br />payment is not utilized by the city within the agreed time limit, it will revert to the <br />subdivider. <br />(h) If a subdivider makes an advance of payments for or construction of reasonable and <br />necessary road improvements located outside the property limits of the land owned or <br />controlled by the subdivider, the need for which is substantially generated and reasonably <br />required by the construction or improvement of the subdivision or development, and such <br />advance is accepted, the city may agree to reimburse the subdivider from such funds as the <br />city may make available for such purpose from time to time for the cost of such advance <br />together with interest, which shall be excludable from gross income for federal income tax <br />purposes, at a rate equal to the rate of interest on bonds most recently issued by the city on <br />the following terms and conditions: <br />(1) The city shall determine or confirm that the road improvements were substantially <br />generated and reasonably required by the construction or improvement of the <br />subdivision or development, and shall determine or confirm the cost thereof on the <br />basis of a study conducted by qualified traffic engineers and approved and accepted by <br />the subdivider. <br />(2) The city shall prepare, or cause to be prepared, a report, accepted and approved by the <br />subdivider indicating the governmental services required to be furnished to the <br />subdivision or development and an estimate of the annual cost thereof for the period <br />during which the reimbursement is to be made to the subdivider. <br />(3) The city may make annual reimbursements to the subdivider from funds made <br />available for such purpose from time to time, including, but not limited to, real estate <br />taxes assessed and collected against the land and improvements on the property <br />included in the subdivision in amounts equal to the amount by which such real estate <br />taxes exceed the annual cost of providing reasonable and necessary governmental <br />services to such subdivision or development. <br />(i) No certificate of occupancy shall be issued for the occupancy of any structure or building to <br />be located in such subdivision unless and until the improvements required herein which are <br />directly necessary to the use and enjoyment of such structure have been installed and <br />accepted by the city, except that final roadway surface need not be applied prior to issuance <br />of such certificate if a suitable base and interim sealing agent acceptable to the city have <br />been laid. <br />(j) A subdivider or developer of land shall pay to the city the pro rata share of the cost of <br />providing reasonable and necessary sewerage, water and drainage facilities located outside <br />the property limits of the land owned or controlled by the subdivider or developer but <br />
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