A. Permit Required: It shall be unlawful for any person to lay, repair, alter or connect any irrigation water line to the irrigation water system without first having received a permit from the city.
B. Application For Permit; Requirements:
1. Application Made By Licensed Plumber: Applications for permits to make irrigation water connections or other alteration or for laying or repairing lines connected directly or indirectly to the irrigation water system, must be made in writing by a licensed plumber or his authorized agent who shall describe the nature of the work to be done for which the application is made.
2. Conditions For Granting Application: The application shall be granted if the public works director determines that:
a. The connection repair, alteration or installation will cause no damage to the street in which the irrigation water main is laid, or that it will not be prejudicial to the interests of persons whose property has been or may thereafter be connected to the irrigation water main;
b. The connection conforms to the ordinances, regulations, specifications and standards of materials required by the city.
3. Connections, Alterations Or Installations: All connections, alterations or installations shall be to the line grade designated by the public works director.
4. Performance Bond Or Equivalent: Every application shall be accompanied by a performance bond or other sufficient security adequate to cover the cost for the work contemplated by the connection or repair to the irrigation system, including the anticipated costs for restoration of city roads and other infrastructure.
a. Type Of Bond Or Guarantee: The bond or guarantee shall be in the form of cash deposited with the city and held in an interest bearing account, or a letter of credit from an approved institution or such other cash security bond as the subdivider may obtain that is approved by the city.
b. Amount Of Bond: The bond shall be equal to the cost of the improvements, plus twenty five percent (25%). The subdivider shall furnish an estimate of the cost of constructing the required improvements. Said estimate shall be prepared by an engineer registered to practice in the state. However, no estimate may be used as the basis for the amount of the bond until it has been approved by the city engineer.
c. Duration: The duration of the bond shall be for one year from the date of approval of project or such lesser time as is required to complete the said improvements.
d. Final Inspection And Partial Release Of Bond Or Default: The applicant shall be responsible for the quality of all materials and workmanship of all improvements. At the completion of the work, or no later than one year from the date of approval of the application, the city engineer and public works director shall make a preliminary inspection of the improvements and shall submit a report to the city manager, setting forth the conditions of such facilities. If the improvements are completed, all liens are paid, and conditions thereof are found to be satisfactory, the city manager shall release all but twenty five percent (25%) of the deposit or bond or security. If the improvements are not yet completed, or are completed but conditions or materials or workmanship show unusual depreciation or do not comply with the standards of the city in effect at the time of final plat approval, or if any outstanding liens are not paid, the procedures in subsection B4f of this section shall be followed.
e. Final City Acceptance: The applicant shall be responsible for the irrigation system improvements for a period of one year after said improvements are completed. In accordance therewith, the twenty five percent (25%) cash bond, or equivalent as approved, which is retained after completion of the improvements, shall be preserved in escrow by the city for a period of one year to assure that if latent defects or other problems with the improvements are found, whereby the improvements fail to meet city standards, such defects and/or problems are repaired and made to comply with city standards. Ninety (90) days prior to the one year anniversary of the date the twenty five percent (25%) deposit or bond or security is created, the city engineer and public works director shall again inspect the improvements and shall make a checklist of any needed repairs and a report of the condition of the facilities, which shall then be submitted to the city manager. If the improvements are satisfactory at the time of this inspection, the city manager shall direct that the twenty five percent (25%) deposit, bond, or security retained in escrow shall be released to the applicant. If defects or problems are found at this inspection, the procedures in subsection B4f of this section shall be followed. Once the needed repairs and improvements have been made and are acceptable to the city, and after the city has received all required drawings of record showing any changes to the improvements, the city shall release any remaining deposit or bond or security amount and shall make final acceptance of and assume responsibility for the irrigation improvements.
f. Default Procedures: If an inspection reveals that the improvements are deficient, the city shall notify the applicant that he is in default, and set a reasonable time period, not to exceed ninety (90) days, to correct the problem. At the end of the specified time, the improvements shall be reinspected, and if the improvements still fail to meet the required standards and the applicant has not submitted to the city and obtained approval of a plan with a deadline to correct the problem, the city council shall notify the applicant of the date a public hearing shall be held on the issue, at which the applicant shall be entitled to demonstrate why all or part of his bond should not be forfeited to be used to remedy the problem. The city council shall decide the matter and issue written findings on the same no later than thirty (30) days after the public hearing. If the city council's decision after the hearing is that the subdivider is still in default and no agreement with a deadline between the city and the applicant has been made to fix the problem, the city council may declare his cash deposit or bond or equivalent forfeited, and the city may use the same to repair or install the required improvements. In such case, if the bond is found to be insufficient to cover the reasonable cost of completing or repairing the improvements, the city may enforce the terms of the irrigation improvement cost overrun agreement described in subsection B4h of this section. Once the needed repairs and improvements have been made and are acceptable to the city, and after the city has received all required drawings of record, the city shall release any remaining bond or equivalent, less twenty five percent (25%) in the case of a bond for original improvements, which twenty five percent (25%) bond shall be held pursuant to subsection B4e of this section.
g. Agreement Deadline: In the event the applicant and the city enter into an agreement with a deadline for the applicant to remedy a problem with the irrigation improvements, if upon inspection by the city it is found that the applicant has substantially failed to live up to the terms of said agreement and/or failed to meet the agreed deadline, the city council may declare his bond to be forfeited and use the proceeds thereof to correct any problem that may exist with said improvements, and may also pursue enforcement of his subdivision improvement cost overrun agreement if required. No extension of the agreed deadline beyond thirty (30) days shall be allowed.
h. Irrigation Improvement Cost Overrun Agreement: Prior to or at the time of the obtaining of any bond under this section, the applicant shall also sign a subdivision improvement cost overrun agreement, on a form approved by the city. This agreement shall provide that if the city council declares a bond forfeited under this section, and the bond is found to be insufficient to cover the cost of installing or repairing the improvements, the city may bring legal action pursuant to said agreement against the subdivider or his properly acknowledged successor, for the difference between the amount of the bond and the cost of installing or repairing the improvements. Said agreement shall provide that the applicant shall be responsible for all legal fees and costs of such an action.
C. Fee: Fees for permits or for inspection services shall be of such amounts as the city council shall from time to time determine by resolution. (Ord. 2007-14, 3-21-2007)