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CITY OF PERRYVILLE STREET POLICY Fifth Revision as of August 1, 2000 Index Preamble .. 1 Policy .. 2 I. Generally . 2 II. Petitions .. 5 III. Improvement of Unpaved Streets . 6 IV. Reconstruction 7 V. Maintenance . 9 Resolution No. 00-008 CITY OF PERRYVILLE STREET POLICY Fifth Revision as of August 1, 2000 PREAMBLE WHEREAS, the City of Perryville has a number of streets which it desires to improve by construction or reconstruction and construction of curbs and gutters; and WHEREAS, The City of Perryville has a number of unpaved and/or substandard streets which it desires to improve by paving and construction of curbs and gutters and stormwater facilities; and WHEREAS, the cost of general maintenance and substandard streets (i.e. oiled, chip and sealed and partially asphalted) creates a financial drain on the City and an indirect tax on the general public; and WHEREAS, the construction of streets with concrete curb and gutters and stormwater facilities reduces the cost of maintenance, increases the life of the street, aids in the correction of stormwater problems and improves the valuation of property; and WHEREAS, the use of the City's general revenue fund to improve residential streets constitutes the use of public funds to improve private property in many situations and is a practice which should be discontinued; and WHEREAS, the City has devised a plan to eventually use only the "special assessment for improvement" portions of the Missouri State Statutes to improve streets; and WHEREAS, the Board of Aldermen is desirous of establishing a uniform policy for the improvement of its streets. POLICY NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF PERRYVILLE, MISSOURI, AS FOLLOWS: That the following policy is hereby established as the official City of Perryville Street Improvement Policy: I. GENERALLY A. Methods of Improvement Restricted: As a result of the difficulty and expense to the City of maintaining oiled, chip and sealed, and partially asphalted streets, the City shall not, from the date hereof, improve said streets other than is provided herein. B. Limitation on Gravel Streets: As a result of the extraordinary expense to the taxpayers of maintaining oiled, chip and sealed, and partially asphalted streets, the Public Works Director is hereby directed to allow said streets to return to gravel and maintain same only with grading and the addition of gravel when necessary. C. Gravel Streets - Temporary Dust Retardant: In the event a property owner on a gravel street submits to the City an affidavit from a licensed physician that the dust created by travel on the gravel streets presents a serious medical danger to the property owner, the City shall oil or otherwise treat said street to retard dust, provided, however, that 100% of the owners of property abutting on said street: 1. Pay in advance the cost of the dust retardant and application thereof; and 2. Contract with the City to pay for the cost of paving said street in accordance with this policy; and 3. Deposit in the City General Revenue Fund five dollars (5.00) per front foot of their property abutting on the street to be improved, which said deposit shall be applied to the special assessment for the permanent improvement of said street upon the paving of said street. D. Design and Construction; Standard: Improvement, design and construction of all street projects shall adhere to the following guidelines: 1. All new pavement shall include curb and gutter and stormwater control, when necessary, and shall conform to the City Street Standard Specifications; 2. Driveways will be the responsibility of the property owner, except that the City's contractor will replace driveways removed during construction up to the property line. Driveways beyond the property line damaged during construction shall be repaired or replaced at City' s cost. Repair and replacement shall be with materials same or better than preexisting; and 3. The City will backfill to a rough grade with clean top soil, but property owners will finish, grade and seed the areas behind the curb. E. Definitions: The following definitions and those found elsewhere in this policy shall apply to the terms used herein: "Overlay" shall mean the practice of placing a thin layer of asphaltic or similar paving material over an existing street. "Reconstruction" shall mean the improvement of a street previously improved by pavement and/or other construction (i.e. curbs and gutter, stormwater control) that in the City's engineer's opinion is in need of replacement or further improvement. Reconstruction includes partial reconstruction. Partial reconstruction includes, but is not limited to, curb and gutter repair, concrete or asphalt replacement or significant repair, stormwater replacement or the establishment of need therefor, overlayment of asphalt. Normal minor repair and maintenance is not included in reconstruction. The determining factor shall be the extent of the replacement or improvement necessary to provide a permanent, relatively maintenance free city street as compared to current standard street specifications, which determination shall be made by the City Engineer. "Unpaved street" shall mean all streets which are gravel, chip and seal, cold mix, asphaltic patches, acquired county road or street that have not been designed by a professional engineer with curbs and gutters and stormwater control, or a similar street. F. Cost Over Standard Residential Street Design: 1. Width: The City shall pay the difference in the cost of paving any street wider than a thirty-six 36 foot residential street. 2. Depth. The City shall pay the difference in the cost of paving of any street of greater depth than a residential street, as determined by the City Street Standards. G. Deviation from Policy: The City reserves the right to deviate from the provisions of the policy when, in exercising its legislative discretion, the Board of Aldermen believe that such deviation is in the best interest of the City as a whole. II. PETITIONS A. Petitions - Filing - Deadline: All voluntary petitions for street construction and street overlay must be submitted to the City Administrator no later than October lst to be considered for paving in the following year and shall be constructed in chronological order of the date the petition is received. B. Priority: Any street to be paved with 100% of the property owner participation shall receive the highest priority for improvement. These streets will be placed in the Six-Year Capital Improvement Plan before streets not petitioned for improvement or streets for which the City contributes funds. III. IMPROVEMENT OF UNPAVED STREETS All new paving of unpaved streets shall be tax billed with the City participating in 30% and the property owner participating in 70% of a construction cost other than stormwater cost. Property owner shall pay 100% of stormwater cost. The cost of paving all unpaved streets shall include the cost of excavation, curb, pavement and gutter and, when necessary, the cost of stormwater drainage, grading base material, labor, and all other costs related to construction of the street and necessary appurtenances. City shall provide engineering services at its cost. IV. RECONSTRUCTION A. City Engineer's Determination: The City shall share in the improvement of any existing street which the City Engineer finds to be in need of reconstruction for whatever reason. B. Cost to Property Owner - How Determined: 1. The total cost to the property owner shall be determined based on a maximum thirty-six (36) foot width, which is to say that the property owner's cost shall not exceed the cost for a thirty-six (36) foot street (see Section I(F) hereof) and standard depth for residential streets. 2. The total cost of a reconstructed street shall include, but not be limited to, pavement, curbs and gutters, engineering fees, excavation, backfill, and all other costs associated with street construction, except stormwater control. The Board has determined that stormwater control varies greatly from street to street or area to area and in many cases the desirability or cost of a lot is affected by the need for or lack of stormwater control, and therefore the general public and its taxes should not be expended, as a general proposition, to assist in the improvement of private property. The entire cost of stormwater control shall be included in the general property owner's assessment portion of the street reconstruction project. Property owners shall pay 100% of the cost of stormwater control. 3. The City shall pay for two-thirds (2/3) of the street reconstruction cost (sidewalk replacement and driveway replacement), excluding the cost of stormwater control. The property owner shall pay one-third (1/3) of the total street reconstruction cost and the total cost of all or 100% of stormwater control of the project through special assessments under the provisions of Chapter 88 RSMO and/or other applicable State Law. City shall pay all or 100% of engineering costs, driveway replacement to property line and sidewalk replacement. C. City streets in commercial and industrial zoning districts of the City may be improved by the City outside the provisions hereof if in the determination of the Mayor and Board of Aldermen the improvement planned provides a substantial benefit to all citizens of the community. V. MAINTENANCE A. Standard Maintenance: The City shall conduct only routine maintenance on streets that do not have curbs and gutters. B. Shoulders: The City shall not maintain street shoulders in any area other than those zoned commercial. "Shoulders" for the purposes of this ordinance shall mean: 1. On unpaved streets, the area on each side of the street between the edge of the right-of-way and the outside of the drainage ditch, or, in other words, the area within the right-of-way not utilized for ditches or the unpaved section of the street; 2. On paved streets, the area on each side of the street between the edge of the right -of -way and the edge of the curb, or in other words, the area within the right-of -way not utilized for curb and gutter or the paved street; and 3. On any street without curb and gutters, the area on both sides of the street between the edge of the right-of-way and the edge of the paved street as determined by Zoning Code. It is the intent of the Board that the maintenance of shoulders as defined herein shall be undertaken in areas of the City zoned commercial or industrial, but in said areas only.
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