WHEREAS, The Governing Body of the City of Andover, Kansas deems it necessary to adopt a policy relating to the improvement of public streets and ways, and
WHEREAS, in the adoption of such policy the Governing Body of said City considers it necessary to take into consideration the road right-of way widths of existing streets and ways, as well as the desired and ultimate road right of way widths and standards for streets not now in existence or streets to be encompassed in areas annexed to the City subsequent hereto, and
WHEREAS, the City deems it necessary to classify streets as either Residential, Collector or Arterial Streets, and within each classification establish certain minimum standards for various types of street improvements and establish methods of assessment, pursuant to K.S.A. 12-6(a) 01, for various types and classifications of streets.
NOW, THERFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ANDOVER, KANSAS
SECTION 1. Method Initiating Action:
(a) Petition. Hereafter, the improvement of any street shall be initiated by a petition filed with the City Clerk of said City by the majority of owners of land, as well as the owners of a majority of the land liable for the assessment for the improvement of the same.
(b) City-Initiated. The City on its own may initiate action to commence street improvements or resurfacing projects of streets. Projects financed through the use of special assessments may be subject to protest petition.
SECTION 2. Area to be assessed:
That as a general policy, and applicable only to streets fronted by rectilinear blocks or curvilinear blocks susceptible to being equitably assessed, the area to be assessed for street improvements shall be to the adjoining property owners on each side of the street sought to be improved on any reasonable assessment plan which will result in imposing substantially equal burdens or shares of the cost upon property similarly benefited.
SECTION 3. Determination of Type of street:
The determination as to whether or not the street sought to be improved is either (a) Residential, or (b) Collector, or (c) Arterial Street shall vest in the Governing Body of the City of Andover, Kansas:
SECTION 4. Standards for Improvement of Residential Streets.
(a) The Improvement of Residential Streets Presently Existing: Any street now in existence as a dedicated street or way in the City of Andover, Kansas may be improved as either a Class A, Class B, or Class C improvement as hereinafter defined, or to a lesser standard as approved by the Governing Body on a case by case basis taking in to consideration of available right of way width.
(b) Improvements of Residential Streets Hereafter Dedicated: Any street determined to be a Residential Street by the Governing Body and the street which is hereafter dedicated shall be improved as a Class A, Class B, or Class C Residential Street as hereinafter defined.
SECTION 5. Minimum Requirement for Standard Residential Streets:
(a) Class A Residential Street shall have a road right of way of at least 64 feet, a surface area from back of curb line to back of curb line of at least 35 feet and shall consist of 6 inch 95% compacted earth with fly ash or lime stabilization,, overlaid with 2 inches of hot asphaltic base course, which in turn is overlaid by 5 inches of hot asphaltic wearing surface with a standard or roll type curb and gutter. This configuration is required of any through residential street, or loop or cul-de-sac longer than 1000 feet in length.
(b) Class B Residential Street shall be constructed the same as Class A except 60 feet right of way and 31 feet back to back curb and gutter. This configuration shall be limited to residential loops or cul-de-sacs less than 1000 feet in length.
(c) Class C Residential Street shall be constructed the same as Class A except 58 feet right of way and 29 feet back to back curb and gutter. This configuration shall limited to residential loops and cul-de-sacs less than 500 feet in length.
SECTION 6. Method of Assessment of Residential Streets Herein After Dedicated:
The streets constructed under these classifications shall have all improvement charges assessed to the adjoining property on each side of the street or benefit district.
SECTION 7. Method of Assessment of Improvements or Rehabilitation for Residential Streets Presently Existing:
(a)
Existing gravel or chip seal
streets: The costs of improving these streets to a Class "A", Class
"B" or Class "C" residential street shall be assessed
100 percent to the adjoining property owners shall be assessed to both the adjacent property owners and the City at
Large. The City at Large will be responsible for the equivalent cost to
replicate the current standard of the gravel or chip seal street (excluding
right-of-way costs). The adjacent property owners will be assessed the costs
of construction for the storm sewer and paving of the street minus the
estimated costs of reconstructing the present gravel or chip seal street.
(b) Existing blacktopped streets not meeting the standards of a Class "A", Class "B", or Class "C" residential street: The City at Large will be responsible for the costs of resurfacing the street. However, if it is determined by the City Council at the time of the improvements to the street that it must meet the standards of a Class "A", Class "B" or Class "C" street, then the adjacent property owners will be assessed the difference in costs between the blacktop surface and the cost to upgrade the street's classification.
(c) Existing Class "A", Class "B", or Class "C" Residential Street Improvements or Rehabilitation: The costs of rehabilitation existing Class "A", Class "B" or Class "C" Residential Streets will be paid by the City at Large.
SECTION 8. Non-Conforming Improvement of Residential Streets:
Any presently dedicated Residential Street having inadequate right of way or width under entitled standards may be improved with such lesser width of traveled surface as determined by the Governing Body, provided all other construction requirements are met.
SECTION 9. Minimum Requirement of Collector Streets:
(a) Any street hereafter determined to be a Collector Street by the Governing Body shall be improved as a Class "A" or Class "B" Collector Street as hereinafter defined.
(b) Class A Commercial/Industrial Collector Streets shall have a road right of way of 70 feet, an improvement width from back of curb line to back of curb line of at least 41 feet and shall be improved with a 6 inch 95% compacted earth sub-base with fly ash or lime stabilization, overlaid with a 3 inch hot asphaltic base course and at least 5 inches of hot asphaltic wearing surface with standard type of curb and gutter. An 8-foot wide concrete sidewalk shall be provided along one side of Collector Streets.
(c) Class B Residential Collector Streets shall be constructed the same as Class A Collector Streets except 66 feet of right of way and 37 feet back of curb to back of curb.
SECTION 10. Method of Assessment for Collector Streets Herein After Dedicated:
The costs of improving Collector Streets herein after dedicated shall be assessed to the adjoining land or benefit district.
SECTION 11. Method of Assessment for Improvements or Rehabilitation for Collector Streets Presently Existing:
(a) Existing Gravel or Chip Seal Collector Streets: The costs of improving these streets to a Class "A" or Class "B" Collector Street shall be shared by the adjacent property owners and the City at Large. The adjacent property owners will be assessed the cost of a Class "A" Residential Street and the City at Large will pay the difference for a Class "A" or "B" Collector Street. Said assessment for the Class "A" residential street will be adjusted to exclude the estimated costs of constructing the existing gravel or chip seal street (excluding right-of-way costs).
(b) Existing improved Collector Street not meeting a Class "A" or Class "B" Standard. The costs of improving these streets to a Class "A" or Class "B" Collector streets shall be shared by the adjacent property owners. The adjacent property owners will be assessed the costs the difference between the current level of improvement and the cost of bringing the street up to a Class "A" or Class "B" standard.
(c) Existing Class "A" or Class "B" Collector Street Improvements or Rehabilitation: The costs of rehabilitating Class "A" or Class "B" Collector streets will be paid by the City at Large.
SECTION 12. Minimum Requirement for Arterial Streets:
(a) Any street hereinafter determined to be an Arterial Street shall be improved as a Class "A", Class "B", or Class "C" Arterial Street
(b) Class A Arterial Streets shall have a road right of way of at least 100 feet and the traveled surface thereof shall be at least 49 feet from back of curb line to back of curb line and constructed of materials required by the City Superintendent as determined by traffic and geotechnical study. This type of street shall have a standard type curb. Parking shall be prohibited along both curb lines. Sidewalks shall be provided along both sides of Class A Arterial Streets.
(c) Class B Arterial Street shall be improved in the same manner as a Class A Arterial Street excepting that the traveled portion thereof must be at least 31 feet back of curb line to back of curb line and all other construction standards shall be the same as a Class A Arterial Street. Parking shall be prohibited along both curb lines.
(d) Class C Arterial Street shall be, improved in the same manner as a Class A Arterial Street excepting that no curb and gutter will be employed. The wearing surface thereof must be at least 28 feet in width with a 3 foot compacted gravel shoulder on each side of the wearing surface. No parking shall be allowed on either side of the street.
SECTION 13. Assessment for Class A, Class B or Class C Arterial Streets:
Assessment of the construction costs of the Arterial Streets may include benefit district, developer financed improvements, Arterial Street Impact Fee, Local Sales Tax Funds, City at Large or a combination thereof. Final assessment allocation to be determined by the Governing Body at the time of initiating the project. However, adjacent property owners who have not been assessed for an arterial street improvement in the past will be assessed the equivalent of the construction of a Class "A" Residential Street.
The minimum requirements for the improvement of marginal access streets and frontage roads shall be determined on a case by case basis depending on the type and quantity of traffic and the location.
SECTION 15. Method of Assessment of Marginal Access Street and Frontage Roads:
Any street designated as a marginal access street or Frontage Road shall be assessed in the same manner as a Class A, Class B or Class C Residential, Class A Collector Street, as applicable.
SECTION 16. Assessments against Unplatted or Partially Platted Lands or Lots, or Lots with Excessive Depths:
No assessment shall be made against any portions of unplatted lands partially platted lands or lots, or blocks which are beyond 300 feet from the street right of way for which the improvement assessment is being made.
SECTION 17. Maintenance.
All resealing, routine maintenance and repair costs of streets meeting current standards will be born by the City at Large.
SECTION 18. Major Repair, Resurfacing or Reconstruction of Streets:
Major repairs and reconstruction beyond the life expectancy of the individual street may be requested by petition or declared by resolution by the Governing Body of the City. In such instances whereby the City intends to assess a portion of the costs of such improvements to the adjacent property owners those improvements may be subject to protest petition.
The Governing Body will decide, based upon sound engineering principles and safety concerns, whether or not with the major repair or resurfacing of an existing improved street to bring it up to the minimum standards for the classification for the function of the street.
SECTION 19. Developer installed improvements.
Any developer, or any other person, proposing to develop any street in any area hereafter annexed to the City may be required, at the discretion of the Governing Body, to post with said City a sufficient surety bond in such amount as said Governing Body shall determine, guaranteeing the payment of paving assessments levied against the improvement district. Any city let contract shall comply with all paving improvement statutes of the State of Kansas.
It is recognized by the City that a developer of an addition or a Subdivider of an Addition may desire to pave the streets in such addition or Subdivision by the letting of a contract privately and be solely responsible for the payment himself, thus obviating the necessity of any special assessment being levied by the City. In such event, as the situation immediately hereinabove described, if the City approves the letting of a private contract between the developer and the paving contractor the City and Developer will enter into a Developers Agreement for the construction of the improvement. The plans and specifications must first be approved by the City Engineer and the Governing Body and the City will make such periodic inspections of construction as it deems necessary and the cost of plans and specification review, and inspections shall be paid by the developer to the City upon demand and, notwithstanding that the developer is paying the entire costs of construction, incidental expenses and inspection fees, his contract shall still provide for the filing of the so-called statutory bond made in favor of the City.
SECTION 20. Stormwater Appurtenances:
On all public street improvement projects the stormwater systems, including but not limited to; curb and gutter, stormwater inlets, storm sewer piping and roadway grading shall be designed according to the following criteria:
(a) Arterial Streets: All drainage improvements accessory to arterial street projects shall be designed such that the 5-year initial design storm may encroach into all but one 8 lane in each direction
(b) Collector Streets: All drainage improvements accessory to collector street projects shall be designed such that the 5-year initial design storm may encroach on all but one 8 lane width.
(c) Residential Streets: All drainage improvements accessory to residential street projects shall be designed such that the 2-year initial design storm will not overtop the curbs.
(d) All street and drainage projects shall be designed to retain the 100-year frequency major storm within the right of way, drainage easement, or dedicated open space reserve.
On streets where driveway culverts are necessary for any reason, these culverts shall meet the requirement and standards as outlined by the City of Andover Street Department.
Section 22. Investigation and Research:
The Governing Body of the City of Andover, Kansas, hereby resolves that the anticipated life expectancy of streets within the City of Andover, Kansas, are as follows:
(a) Residential Street with 7 of pavement with stabilized sub-grade or base 20 years.
(b) Collector Streets with 8 of pavement with stabilized sub-grade or base 20 years.
(c) Arterial Streets based on a case by case study.
The above and foregoing are subject to and dependent upon numerous factors, which may extend or diminish the life expectancy as set forth above.
The City Superintendent shall report to the Governing Body of the City of Andover, Kansas, upon variables which affect and have affected the roadways in Andover, Kansas with appropriate recommendations to maintain, preserve and, where necessary, replace for the benefit of the citizens of Andover, Kansas, the road systems of Andover, Kansas.
Section 23. Nothing herein shall be construed as compelling the Governing Body of the City of Andover, Kansas, to make any paving improvements for which a petition or other application has been filed and the final discretion as to whether or not such improvement is made shall be vested in the Governing Body.
The above and foregoing resolution adopted by the Governing body of the City of Andover, Kansas, on the _____ day of ______________, _____.
_____________________________________.
Mayor Ben Lawrence
Attest:
______________________________________.
Jeffery K. Bridges, Jr. City Clerk/Administrator