A. STREET-CURBS-SIDEWALK

STREET:  NEW, RECONSTRUCT OR UPGRADE

CURB:  NEW, RECONSTRUCT

SIDEWALK:  NEW, RECONSTRUCT

GUIDELINES: Property owners within the project's limits will pay 60% of the cost of the sidewalk, curb, yardwalks and driveway approach improvements adjacent to their property, with assessment based on lineal footage; the City will pay 40% of these costs. Drive approach work required because of the project will be assessed based on square yardage of the drive approach. Improvement costs shall include engineering, the labor and material for installing the new item(s), removal of old item(s), excavation, bedding, restoration, engineering, inspection and other expenses associated with the project, such as drainage improvements, when necessary. 

Property owners living on corner lots will be asked to pay 60% of the less lineal footage of side property. The City will pay for 40% of the less lineal footage of side property and 100% of the larger lineal footage of side property. 

The funding of petitions requesting “street reconstruction” depends on whether the existing street is already “improved” or “unimproved”, as determined by the Transportation Engineering Services Department. Generally, an “improved” street was built with subsurface drainage and curbs. Reconstruction of an improved street is funded 100% with City funds, when available. An “unimproved street” is generally built with no drainage provisions and no curbs. Reconstructing an unimproved street means the street will be built to “improved” street standards. In this case, affected property owners will pay 60% of the overall project's costs, and the City will pay 40%. 

B. STREET LIGHTS: All requests for additional street lighting must come to the Board of Public Works in the form of a petition signed by the owners of at least 60% of the real property footage in the city block or blocks described in the petition (per IC 36-9-9-3b). Funding options for street lighting petitions are as follows: 

Standard overhead street lights will be funded 100% with City dollars, with project priority determined by the Board of Public Works, or as funding is allocated by the appropriate City Council representatives. Wiring will meet the petitioning neighborhood's existing covenant conditions. If no covenants exist to prevent overhead wiring, but residents desire underground wiring for standard street lights, then the City will pay 100% of the cost of standard street lights with overhead wiring and 40% of the additional cost of the project, and the property owners shall pay for 60% of the additional costs of the project. Property owners' assessments will be based on lineal footage, unless the petition specifically requests that the property owners' share be divided evenly among all property owners. 

Ornamental street light improvement projects shall include evenly spaced 16' imbedded poles, High Pressure Sodium Town & Country fixtures and always requires underground wiring and shall be funded 60% by owners of the real property within the project's limits, and 40% by the City. Property owners' assessments will be based on lineal footage, unless the petition specifically requests that the property owners' share be divided evenly among all property owners. Any additional costs incurred for lighting beyond the above description will be 100% property owners responsibility.  If Ornamental lighting is requested to be placed only at street intersections, Street Light Engineering must determine that all minimum requirements for intersection lighting can be met, otherwise the Board of Public Works will only approve standard overhead streetlights at the requested intersections. 

STREET LIGHTS IN NEWLY-ANNEXED AREAS: In newly annexed areas, the City committment is generally to provide standard overhead street lights, only at intersections with wiring that meets each neighborhoods wiring covenant conditions. If requested, ornamental street lights can be provided if all minimum intersection lighting requirements can be met and the cost is no more that standard overhead street lights.  If however, the neighborhood intersects with a collector or arterial street then standard overhead street lights will be required at those intersections.  Newly annexed property owners who desire more street lights than an annexation commitment requires must petition for the additional lighting, or ornamental lighting, in accordance with the policies described above. The possibility of such a petition will not preclude installation of street lights required by a City annexation commitment. However, the City staff will work with neighborhood associations/petitions to avoid installation of unwanted types of street lights if a successful petition effort is deemed likely. 

Newly annexed neighborhoods which do not want any street lighting installed by the City per City annexation commitments may petition the Board of Public Works to prevent the installation. Such a petition may request no lights for a portion of the neighborhood or for the entire neighborhood. Regardless, however, such a petition must be signed by owners of at least 75% of the real property footage in the entire neighborhood being annexed. While these petitions may be considered and approved, neighborhood streets intersecting with collector or arterial streets shall comply with the terms of the City's annexation commitment. The Board of Public Works always reserves the right, based on public safety concerns, to install lights where necessary. 

ALLEY LIGHTS:  The City will pay 100% of the cost of any additional alley lights.

C. ALLEY RECONSTRUCTION: Property owners within the project's limits will pay 75% of the cost of the improvements adjacent to their property, with assessments based on lineal footage; the City will pay 25% of these costs. 

D. WATER PROJECTS: When petitions for water mains are received, Water Engineering shall prepare a conceptual design for local water mains to serve the petitioners. The cost of the conceptual design shall be estimated and allocated equally to the properties affected. Water Engineering shall also collect other information pertinent to the project (petitioner alternatives, cost to other area residents, cost to the Utility and availability of funds). Water Engineering shall then present the petitioner's options to the Board of Public Works and identify the financing option Water Engineering determines is most feasible. If the Board determines that Barrett Law funding of a water main is the most feasible, then they shall order Water Engineering to proceed with the preparation of detailed drawings, specifications and a resolution ordering the installation of the local water main. Other financing options include up-front property owner payment or, very rarely, utility revenue with long-term property owner reimbursement. 

The property owners will pay for 100% of the main installation if they do not currently have City water. If oversizing of said main is required by the City, the City will pay for that portion of the water main that represents the oversizing. The City pays full cost for maintenance and replacement of existing public lines. 

E. SANITARY SEWER PROJECTS: When petitions for sanitary sewers are received, Water Resources will prepare a conceptual design for a local sewer system to serve the petitioners. The cost of the conceptual design shall be estimated and allocated to the lots/units affected by the proposed system using the method established in IC-36-9-39. Water Resources shall also collect other information pertinent to the project (petitioner alternatives, cost to other area residents, cost to the Utility and availability of funds). Water Resources shall then present the petitioner's options to the Board of Public Works and identify the option Water Resources feels is most feasible. If the Board determines that Barrett Law funding of a sanitary sewer project is the most feasible, then the Board shall order Water Resources to proceed with the preparation of detailed drawings, specifications and a resolution ordering the installation of the local sewer. 

No set percentage of affected property owners is required to petition by Indiana law with sewer projects since, according to IC 36-9-39, the only test for proceeding with a sewer project is whether or not the “special benefits that will accrue to the property to be assessed will be equal to the estimated cost of the works.” 

Per IC 36-9-39, property owners may appear at the public hearing on the project to remonstrate against the project. The decision of the Board of Works, after weighing the evidence submitted by all parties at the public hearing shall be final. 

Expenses associated with the engineering, construction and inspection of the local sewer project shall be allocated to property owners according to IC 36-9-39. The property owners shall pay the first $6,000 of cost allocated to each unit or lot whether or not connected. The Water Pollution Control Utility shall pay the remainder of the engineering, construction and inspection costs. No project shall proceed until funds have been budgeted for the Utility's share of the costs. 

Property owners shall pay area connection and other applicable special fees when they apply for a tap permit. These fees are not considered to be engineering, construction or inspection costs and shall not be included in the $6,000 maximum assessment per lot/unit. 
The City shall pay full cost for maintenance and replacement of existing public lines and shall assume the maintenance costs for the newly constructed public sanitary sewer lines once the construction project has been inspected and accepted by the Board of Public Works. 

F. STORMWATER DRAINAGE PROJECTS: Upon receiving a petition for stormwater drainage improvements, Water Resources shall undertake a preliminary investigation and analysis of the situation precipitating the petition. The nature and degree of the problem will be determined, as will the affected properties and affecting parties. Components of the drainage system(s) in the area will be identified and evaluated as to their condition, capacity, performance, and adequacy. A conceptual design will be developed, identifying and differentiating local or lateral component improvements to serve the petitioners and any trunkline drain improvements that will also be necessary. 

A local and/or lateral drain shall be defined as a drain that serves as an outlet for a local watershed or for a subbasin within a neighborhood or subdivision. An area trunkline is a drain that outfalls multiple local or lateral drains. 

Expenses associated with the engineering, construction, and inspection of local and lateral drain improvement projects shall be allocated to property owners according to IC 36-9-39. The property owners shall pay the first $4,000 of cost allocated to each lot/unit to be drained. Water Resources shall pay the remainder of the engineering, construction, and inspection costs. There may be instances where the Utility considers oversizing a local line in anticipation of converting this line to an area trunkline sometime in the future; when this is the case, the property owners will be responsible only for the drain costs associated with their subbasin capacity needs, and the Utility will fund any additional costs due to the oversizing. No project shall proceed until funds have been budgeted for the Utility's share of the cost. 

The basis for proceeding on a petitioned sewer or drainage improvement project according to IC 36-9-39 is not the percentage of affected property owner signatures on the petition, but, whether or not the special benefits that will accrue to the property to be assessed will be equal to the estimated cost of the works. 

Per IC 36-9-39, property owners may appear at the public hearing on the project to remonstrate against the project. The decision of the Board of Stormwater Management, after weighing the evidence submitted by all parties at the public hearing, shall be final. 

The City shall pay the full cost for maintenance and replacement of existing public lines and shall assume the maintenance costs for the newly constructed public storm sewer lines once the construction project has been inspected and accepted by the Board of Public Works. 

G.  SOUND BARRIER WALLS, DECORATIVE COLUMNS, LANDSCAPING:  Petitioners are responsible for 100% of the facility cost.  Proposed facilities that conflict with existing or future transportation/utility infrastructure may be rejected by the Board of Public Works.  The Board will administer the design, construction and maintenance of a facility located in the public right-of-way.  The petitioner will deposit funds in an amount determined by the Board in an escrow account with the City before work proceeds.  Sufficient funds will be dedicated to the City to maintain the facility after construction.  If the facility is not adequately maintained or if the facility conflicts with transportation or utility infrastructure it shall be the Board's option to remove the facility from the public right-of-way.

III. MISCELLANEOUS

A. EXCEPTIONS: Exceptions to the standard petition process and cost-sharing policies include projects funded by federal or state community development or economic development grants, or as requested by City Council representatives with CEDIT neighborhood capital improvement funds. The Board of Public Works may consider any project on an individual basis and may make any adjustments that the Board deems necessary to complete a project. 

B. CALCULATING PROJECT COSTS: Property owners will be assessed based on the guidelines described in the above categories. Also, any alley approaches that are being replaced, corner wing-walks that are being replaced or drainage structures that must be repaired as part of any project will be paid 100% by the City. 

C. ANNUAL REVIEW: The Board of Public Works should review these policies and the petition procedure every year by January 31 and amend them, as the Board deems necessary.