A. The city council will not accept dedication of required improvements, nor release nor reduce any financial guarantee, until the city engineer has submitted a certificate stating that all required improvements have been satisfactorily completed and until the applicant's engineer or surveyor has certified to the city engineer through submission of detailed “as-built” construction plans of the subdivision, prepared on mylar, indicating location, dimensions, materials, and other information required by the city council or city engineer, that the layout of the line and grade of all public improvements is in accordance with the construction plans for the subdivision and that a title insurance policy has been furnished to, and approved by, the city attorney indicating that the improvements shall have been completed, are ready for dedication to the city and are free and clear of any and all liens and encumbrances. Upon such approval and recommendation, the city council shall thereafter accept the improvements for dedication and maintenance in accordance with the established procedure.
B. A financial guarantee may be reduced upon actual dedication of public improvements and then only to the ratio that the public improvement dedicated bears to the total public improvements for the plat. In no event shall a financial guarantee be reduced below twenty-five percent of the principal amount, unless all improvements have been dedicated, in which case they may be reduced to zero; provided a maintenance bond is posted.
C. The applicant shall be required to maintain all improvements within the subdivision and/or on the individual subdivided lots, until acceptance of the improvements by the city council. If there are any certificates of occupancy on a street where improvements have not been dedicated to the city, the city may on twelve hours notice effect emergency repairs and charge same to applicant.
D. The applicant shall be required to file a maintenance guarantee with the city council prior to dedication of the improvements, in the amount of ten percent of the improvement costs in a form satisfactory to the city attorney, in order to assure the satisfactory condition of the required improvements, including all lot improvements on the individual subdivided lots for a period of one year after date of their acceptance by the city council and dedication of the improvements to the city council.
(Ord. 1179 § 5.2(C), 1987)