§ 12-4.1102. REIMBURSEMENTS.

Whenever a person covenants in a form acceptable to the City Attorney to install master plan traffic signal improvements, the estimated cost of construction thereof shall be credited against the Traffic Signal Charge which is due upon granting of the development entitlement on the property contributing to the cost of the traffic signal improvements. The estimated cost of construction for the traffic signal improvements shall be established by the Director.

In the event the actual cost of traffic signal construction exceeds the Traffic Signal Charge, a reimbursement shall be paid from the Traffic Signal Fund upon city acceptance of the signal improvements only to the extent that Traffic Signal Charges are paid on behalf of noncontributing properties served by the traffic signal up to the duration of the appropriate reimbursement period, in the manner prescribed by Section 12-4.504-C of this Code, and subject to the following:

(a) A request for reimbursement shall be submitted to the Director within ninety days following city acceptance of the signal work and shall include final statements from the contractor detailing the work that was performed. Only items approved by the Director shall be reimbursed.

(b) Reimbursement shall be made for the actual cost of construction including engineering and plan preparation.

(c) Except in the case of safety lighting, no reimbursement payments shall be made until the Director determines that traffic warrants for a signal are achieved. Upon such determination, and upon the Director's acceptance of the project accounting statements, the person installing the signal shall be eligible for reimbursement on or about April first and October first to the extent that unobligated funds are on deposit in the Traffic Signal Fund.

(d) The priority of reimbursements shall be based on the date the Director accepts the project accounting statements or on the date the Director determines that traffic warrants for the signal are achieved, whichever occurs later.

(e) The person initiating the signal installation shall be responsible to the city for all operation and maintenance costs until such time as the Director determine that traffic warrants are achieved.

(f) When reimbursements are made pursuant to this Section, the city shall reimburse in a manner and for the period prescribed by Section 12-4.504-C of this Code.

(Added Ord. 2007-47, § 5, eff. 4-19-07; Am. Ord. 2007-50, § 5, 7-14-07).