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Ord 1999-079
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Ord 1999-079
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Last modified
9/5/2006 3:32:38 PM
Creation date
9/5/2006 3:32:12 PM
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Template:
City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Approving
Number
1999-79
Date
9/13/1999
Volume Book
138
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<br />recordation of the final plat, he may utilize one of the following methods of posting <br />security. If the subdivider chooses to file security, the plat shall not be recorded <br />unless the subdivider has one of the following: <br /> <br />I. Performance bond. Has filed with the city attorney planning and zoning <br />connnission a bond executed by a surety company holding a license to do <br />business in the state and acceptable to the city, on the form provided by the city, <br />in an amount equal to the cost of the improvements required by this chapter and <br />within the time for completion of the improvements as estimated by the director <br />of engineering public, wOlks. The performance bond shall be approved as to form <br />and legality by the city attorney. <br /> <br />2. Trust agreement. Has placed on deposit in a bank or trust company, in the name <br />ofthe city and approved by the city, in a trust account, a sum of money equal to <br />125 per cent of the estimated cost of all site improvements as required by this <br />chapter, the cost and time of completion as approved Gstimatc.d by the director of <br />engineering public. works. The selection of the trustee shall be subj ect to approval <br />by the city, and the trust agreement shall be executed on the form provided by the <br />city and approved as to form and legality by the city attorney. Periodic <br />withdrawals may be made from the trust account for a progressive payment of <br />installation costs. The amounts of withdrawals shall be based upon progress and <br />work estimates approved by the director of public works and the director of water <br />and wastewater. All withdrawals shall be approved by the trustee. <br /> <br />3. Unconditional guarantee from local bank or local federally insured savings and <br />loan association or other financial institution as approved by city. Has filed with <br />the city attorney planning and roning commission a letter on the form provided <br />by the city, signed by a principal officer of a local bank or local federally insured <br />savings and loan association or other financial institution, acceptable to the city, <br />agreeing to pay to the city, on demand, a sum of money equal to 125 per cent of <br />the estimated costs of installation of all improvements required by this chapter <br />and to be applied to installing the improvements for which the subdivider or <br />developer is responsible under this chapter. The guaranteed payment sum shall <br />be estimated costs and scheduling as approved pleparcd by the director of <br />engineering public wOlk5. The letter shall state the name of the subdivision and <br />shall list the improvements for which the subdivider or developer is required to <br />provide. <br /> <br />h. If the subdivider chooses to construct the required improvements prior to recordation <br />of fmal plat, all construction shall be inspected while in progress by the director of <br />public works and director of water and wastewater, and must be approved upon <br />completion by the director of public works and director of water and wastewater. A <br />certificate by those directors that officer stating that the construction conforms to the <br />specifications and standards contained in or referred to in this chapter must be <br />presented to the director of planning and development services planning and zoning <br />commission prior to recordation of the final plat. <br /> <br />1. No plat shall be filed of record without written consent of the subdivider. If the <br />subdivider fails to give the written consent within 30 days ofthe date of satisfaction <br />of the requirements of subsection (g) of this section, the commission may at any time <br />thereafter cancel the approval. <br /> <br />(g) Subdivider's responsibilities. The following requirements shall be met or tendered to the <br />director of planning and development services public V\'Olk5 prior to recordation: <br /> <br />(1) Guarantee of materials and workmanship. The subdivider or developer shall require of <br />his construction contractors with whom he contracts for furnishing materials and <br />installing the improvements required under this chapter and shall himself be responsible <br />for guaranteeing that all materials and workmanship in connection with the <br /> <br />-10- <br />
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