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HomeMy WebLinkAboutR-1181 - Adopting a cost sharing policy for voluntary sidewalk construction and repair by private property owners and amending Resolution No. 1122...1' CITY OF M.A R Y S V ILL E Marysville,Washington RESOLUTION NO.II~I A RESOLUTION OF THE CITY OF f4ARYSVILLE ADOPTING A COST SHARING POLICY FOR VOLUNTARY SIDEWALK CONSTRUCTION AND REPAIR BY PRIVATE PROPERTY OWNERS AND AMENDING RESOLUTION NO.1122 WHEREAS on July 1,1982 the City enacted an optional one-half percent sales tax pursuant t~RCW 82.14.030(2);and• WHEREAS it was the intention of the City in enacting said tax to utilize the proceeds by providing the benefit of public works. improvements to tax payers and property owners of the city;and WHEREAS the City Council finds that the construction and repair of sidewalks on public right-of-way is a priority need in the City, and would constitute a proper utilization of the sales tax proceeds; and WHEREAS the City Council desires to amend Resolution 1122, adopted on March 12,1984,as provided below;NOW,THEREFORE BE IT RESOLVED by the City Council of the City of Marysville, Washington as follows: Section 1.Voluntary Sidewalk Construction and Repair Program. The City hereby adopts the policy of actively encouraging voluntary.construction and repair of curb,gutter and sidewalk improvements on public right-of-way by all property owners in the City.The provisions of this Resolution shall apply to all persons participating in said program with the exception of the following: A.Persons who are otherwise required to construct curbs,gutters and sidewalks pursuant to section 12.02.170 of the Marysville Municipal Code. B.Persons who are otherwise required to construct curbs,gutters and sidewalks by the conditions of a subdivision approval,a Conditional Use Permit,or Mitigation Contract. .. Section 2 City Participation.The City agrees to participate in all voluntary construction projects referred to in this Resolution by performing all required surveying and engineering services,by contracting for labor and materials needed on the projects,by performing inspection and approval services,and by paving the street from the point of its former edge to the new curb line. Further,the City agrees to finish the areas between the curb and sidewalk with either asphalt or turf,at the option of the abutting property owner.This agreement shall be retroactive in effect for all property owners who have participated in the City's voluntary sidewalk construction program. Section 3.Property Owner Participation in New Construction Projects.As a pre-condition to city participation in construction of new sidewalks where none have previously existed,the abutting property owner shall do the following: A.Dedicate to the City sufficient property to widen the abutting public right-of-way to the full width as measured from the design center line so as to conform to the applicable road standard specified by the City Engineer;or prove to the satisfaction of the City Engineer that such public ownership already exists;and B.Pay the City the sum of $10 per lineal foot of proposed construction. C.Pay the full expense of constructing any portion of the sidewalk which is wider than 5 feet •.-, Section 4.Property Owner participation iOn Repa"iro oOf banqerous Sidewalks.As a pre-condition to City participation in a project to repair an existing sidewalk,the property owner shall do the following: A.Demonstrate to the satisfaction of the City Engineer that the sidewalk in question is dangerous,and unfit or unsafe for purposes of public travel. B.Dedicate to the City sufficient property to widen the abutting public right-of-way to the full width as measured from the design center line so as to conform to the applicable road standards specified by the City Engineer;or prove to the satisfaction of the City Engineer that such public ownership already exists. C.Pay the City a sum equal to 50%of an estimate obtained by the City for the cost of repairing, renewing or reconstructing the sidewalk in question. RESOLUTION NO..t?rl page two Section 5.Reimbursement to City in Certain Cases.If,within two years following completion of construction or repa~r,the property owner or his successor develops its property in such a way as to trigger the mandatory curb,gutter and sidewalk construction provisions referred to in subparagraphs A or B of Section I above,said property owner,or his successor,shall be required to reimburse the City for the reasona- ble cost of the City's participation in the project.Said reimbursement shall be a pre-condition to final approval of any development permits on the property. Section 6.Duration of Policy.This policy shall continue in force and effect subject to modification or termination by the City Council at the time of adoption of each.annual budget ordinance. ADOPTED by the City Council and APPROVED by the Mayor this 23~D day ofS'l!!.pc .,1985. RYSVILLE MAYOR APPROVED AS TO FORM: '"-.tJ<a.'.r ..~CITY ATTO~-- RESOLUTION NO. page three 1191•