(A) The City Council may require the construction of utilities or improvements within the subdivision. The subdivider shall provide a contract, secured as acceptable to the City Council with conditions satisfactory to it that the utilities or improvements as required by the City Council will be constructed.
(B) The City Council may deny any or all building permits for construction of any building, structure or use within the subdivision until the utilities or improvements as required have been constructed or a contract as herein described has been provided to the city.
(1) All improvements required pursuant to this chapter shall be at the expense of the subdivider, unless agreed otherwise by any agreement made pursuant to the provision of this chapter, except all costs related to the construction of a storm water system shall be at the expense of the city. However, a subdivider may petition to the city to finance the cost of the improvements or utilities required. If accepted by the city and prior to the completion of the improvement or utilities the subdivider wishes to sell or transfer a parcel of property within the subdivision then no lot, piece or parcel of the subdivision may be sold, exchanged or transferred without first escrowing with the city the total estimated amount of assessments applicable to the property being transferred; provided that, in lieu thereof, the subdivider may provide a written agreement with the notarized signature of the buyer of any lot, piece or parcel of the subdivision, upon it attesting to and agreeing that the buyer acknowledges and agrees to assume the assessments after sale. The subdivider shall also agree upon completion of the construction of the utilities and improvements to deposit with the city the difference between the estimated assessment and the actual, which shall be done on or before the date of the last transfer of property within the subdivision assuming all construction is completed as of that date.
(2) The conditions of this section shall apply to all heirs, assigns and successors of the contractor.
(3) (a) Utilities or improvements which the City Council may require are as follows:
1. Finished permanent streets;
2. Curb and gutter;
3. Water and sewer mains; and
4. Buffer zones.
(b) All such utilities or improvements shall meet the specifications of the City Council.
(Ord. 61.12, passed 6-8-1987)