11-9-4: AGREEMENT FOR INSTALLATION 1 :
   A.   Prior to the installation of any required improvements by the applicant and prior to approval of the plat, the applicant shall enter into a contract in writing with the city requiring the applicant to furnish and construct said improvements at applicant's sole cost and in accordance with city plans and specifications and usual contract conditions. This shall include provision for supervision of details of construction by the city engineer and shall grant to the city engineer authority to coordinate the work and improvements to be done under said contract by any subcontractor authorized to proceed thereunder and with any other work being done or contracted by the city in the vicinity. (Amended Ord. 1988-8, 9-8-1988)
   B.   The agreement shall require the applicant to make an escrow deposit or furnish an irrevocable letter of credit or a certified check as is determined by the city attorney, city engineer, and city administrator. The amount of the deposit or security is to be based upon the city engineer's estimate of the total cost of the improvements to be furnished under the contract, including the cost of inspection. The deposit or security shall equal one hundred percent (100%) of the city engineer's estimate of all municipal improvements, plus one hundred fifty percent (150%) of the estimated cost of all landscaping to be installed, plus fifty percent (50%) of the cost of on and off site improvements such as bituminous driveways, sod, and seeding. This amount may be reduced or increased upon approval of a city council resolution based upon such consideration as the size of the project, past performance by the applicant and/or financial credibility of the applicant, but in no case shall the amount be less than fifty percent (50%) of the city engineer's estimate. On request of the applicant, the contract may provide for completion of part or all of the improvements covered thereby prior to acceptance of the plat. In such event, and if evidence is presented that the described work and improvements have been paid for, the amount of the deposit may be reduced in a sum equal to the estimated cost of the improvements so completed prior to the acceptance of the plat. (Ord. 2009-010, 6-1-2009)
   C.   The time for completion of the work and the several parts thereof shall be determined by the city council, upon recommendation of the engineer after consultation with the applicant. It shall be reasonable with relation to the work to be done, the seasons of the year, and proper coordination with construction activities in the plat and subdivision.
   D.   No applicant shall be permitted to start work on any other subdivision, without special approval of the governing body, if applicant has previously defaulted on work or commitments. (Amended Ord. 1988-8, 9-8-1988)

 

Notes

1
1. See also section 10-1-2 of this code.