1313.01 Accepting and opening of public streets; bond.
1313.02 Sewers, water mains, paving; appropriation.
1313.03 Permit for street improvements; indemnification; bond; insurance.
1313.04 Deposit for costs.
1313.05 Release of bond; filing of plans.
CROSS REFERENCES
Street excavations - see S.U. & P.S. Ch. 901
Sidewalks, curbs and gutters - see S.U. & P.S. Ch. 903
Sewers and water generally - see S.U. & P.S. Ch. 921
Plat approval - see P. & Z. 1301.11
Plats - see P. & Z. Ch. 1311
If there are any areas shown on the plat which it is supposed shall be public highways, and Council is satisfied that the provision of this Title are complied with, such streets shall finally be accepted by an ordinance duly passed for that purpose at the time of the filing of the plat. If, however, such streets are not completed in accordance with the provisions of this Title, Council may finally accept the streets by an ordinance duly passed for such purpose. In such a case the owners will be required to file a surety company bond in such sum as may be determined by Council, payable to the City. Such bond shall be conditioned upon such areas being open for public travel in accordance with the provisions of this Title and upon the acceptance of Council, within two years from the date of final acceptance of such streets, by ordinance. Such bond shall be further conditioned upon the owner of the subdivision saving the City harmless from any and all damages or claims for damages to persons or property arising out of or resulting from or on account of the highways shown on the plat not being in safe and proper condition for public travel.
As soon as the streets so accepted are opened in accordance with the provisions of this Title, the bond for such purpose shall be released and discharged by a resolution duly adopted for such purpose. However, should the owner fail to open the street in accordance with the provisions of this Title, the City will, by its duly authorized agents, notify the surety company of such failure. Upon the failure of the company to open the streets in accordance with this Title and the terms of its bond, the same may be done by Council and the cost and expense thereof charged to and collected from the company.
(Ord. 5158. Passed 8-2-26.)
Should the owners of the subdivision desire to construct sewers, water mains or paving at their own cost and expense, such owners will be required to file with Council their written consent that in case any of such improvements are constructed and the same are at any time used by or for the benefit of the City or any of the inhabitants thereof, such use shall not be held or deemed an appropriation by the City of such sewers, water mains, paving or any part thereof, for which use or appropriation the City shall be called upon or held liable in any manner to such owners, their heirs, executors, administrators, successors or assigns, or to any person or corporation interested therein or using the same. The City or inhabitants thereof shall be permitted to use such sewers, water mains or pavement, or any part thereof so constructed, to such an extent and for such purposes as the same may be adopted, without any obligation or liability for compensation or damages, or other reward for such use. However, in case any compensation is paid for or on account of the location of construction or any sewers, water mains or pavement so constructed, the City shall not have nor make any claim for such compensation.
(Ord. 5158. Passed 8-2-26.)
(a) Council will, upon receipt of formal application and upon compliance by the applicant with the provisions of this Title, grant permits to install permanent street improvements. The interests installing such improvements shall file with Council performance and indemnity bond in cash deposited or issued by a reputable surety company, guaranteeing installation of the improvements and saving the City harmless from all damages from any cause whatsoever, growing out of or resulting from the construction of such improvements and indemnification insurance regarding liability of the City as follows.
(b) Upon conditional approval of a final plat by Council, the subdivider shall furnish bond or other acceptable security and proof of insurance prior to endorsement of the plat by the Service Director and City Engineer one or more of the following forms:
(1) A. The subdivider shall deposit a cash security with a local bank in the amount of 100% of the estimated cost of the improvements (storm sewers, sanitary sewers, water lines, pavements, etc., excluding sidewalks) and provide a bond to the City in such form as is approved by the Law Director. Said security shall be in favor of the City who shall have sole control of disbursement. The local bank shall be directed to pay out portions of the cash security towards the completion of said improvements only with the approval of the Service Director and City Engineer, who may require a balance to be maintained which in his or her opinion is sufficient complete said improvements in accordance with the plans and specifications of the City and shall authorize the release of any balance to the subdivider only upon acceptance of said improvements by Council.
B. The public service director and the City Engineer shall establish a time period for the completion of required improvements. In the event said improvements are not constructed within the designated time period and not maintained, the City shall have the option after thirty days written notice to the subdivider to complete and maintain said improvements and to collect and receive from the local bank any remaining balance of said deposit to be applied toward payment of costs and expenses of completing said improvements, or
(2) The subdivider may petition the City to construct said improvements and assess the total, against the benefitted lots. This procedure may be followed upon conditions that the subdivider furnishes the City with a bond, with surety to the satisfaction of the Service Director, guaranteeing the payment of the assessments as they fall due. Said bond may provide that as structures are constructed and sold to the individual owners the amount of the bond shall be reduced not more than once each year in proportion to the amount of the assessment against such lots. When structures have been completely constructed on seventy-five percent of the lots the bond shall be released, or
(3) The subdivider may furnish a corporate surety bond in the principal amount of the estimated cost of said improvements with surety to the satisfaction of the Service Director, in such form as is approved by the Law Director, guaranteeing completion and maintenance of said improvements according to plans, profiles and specifications and to the satisfaction of the Service Director and City Engineer. Said bond shall remain in effect until said improvements have been completed and maintained as provided in these regulations and until released by authority of Council. Said bond shall provide that upon default of performance by the subdivider the City may complete the same after thirty days written notice.
(4) In addition to the required performance bond, the Service Director and City Engineer may require a restoration bond. Said bond shall be to insure repair of any damage done to existing curb, gutter, sidewalk, driveways, street pavement, landscaping, or other items within the right-of-way adjacent to a subdivision. The amount of said bond shall be as determined by the Service Director and City Engineer based on their estimate of potential damage. Restoration bonds shall be released when all damaged facilities, if any, have been restored to the satisfaction of the Service Director and City Engineer. Where the subdivider is aggrieved by a decision of the Service Director and City Engineer, he or she may appeal said decision to the Planning Commission.
(5) Indemnity insurance. A policy of indemnity insurance or certificate of insurance showing the City a named insured with a thirty day notice of cancellation provision in the amount of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate in a commercial and general liability policy combined total for bodily and property damage protecting the City against any claims for damage to person or property resulting from or by reason of the construction of the above mentioned improvements by the subdivider and/or its contractor shall be furnished to the City and maintained in force by the subdivider. The insurance policy shall remain in full force and effect until all improvements are completed and maintained to the satisfaction of the City Council.
(Ord. 5158. Passed 8-2-26; Ord. 35-2001. Passed 3-5-01.)
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