1109.11 PERMANENT MONUMENTS.

   Permanent monuments of material, size and length as prescribed in the specifications shall be placed and at such points and in such manner as provided by State law.

(Ord. 90-1312. Passed 5-1-90.)

1109.12 ASSURANCES AND GUARANTEES.

   Before the Planning Commission shall approve the final plat for any subdivision, they shall ascertain that one of the two following requirements have been adequately met by the developer:

   (a)   All required improvements have been completed, inspected and accepted by the City in accordance with these Subdivision Regulations and other applicable ordinances, statutes and regulations; or

   (b)   Where required improvements have not been completed, that acceptable assurances have been made to the Mayor and Council guaranteeing completion of all required improvements in accordance with specifications.

      (Ord. 90-1312. Passed 5-1-90.)

1109.13 SURETY AGREEMENT.

   (a)   A surety agreement, as referred to in these Subdivision Regulations shall be a performance bond, escrow agreement or other acceptable collateral or surety. Such surety agreement shall be required by the City as acceptable guarantee for the installation and construction of required improvements where they have not been completed prior to final plat approval. The surety shall be sufficient as determined by the appropriate City official(s).

   (b)   The developer shall post such a surety agreement with the Finance Director in the amount specified by the City Engineer providing acceptable guarantee to the City that all required improvements shall be constructed in accordance with specifications.

   (c)   Specifically, the developer shall be required in posting the surety agreement to agree to the following items:

      (1)   To construct and install or cause to be constructed and installed at his own expense, all streets, curbs, sidewalks, fire hydrants, drainage facilities, street signs, monuments, water and sewerage facilities, street lights and other required improvements in strict accordance with the final plat, as approved, and in strict accordance with design standards and specifications.

      (2)   To maintain at his own cost such streets, curbs, sidewalks, fire hydrants, drainage facilities, street signs, monuments, water and sewerage facilities, and other required improvements, until the same are accepted by Council in accordance with applicable regulations and ordinances.

      (3)   To obtain at the developer's expense the easements and releases required when any street, storm drainage facility, or other required improvement abuts or traverses land of persons other than the person holding legal title to the lands of the subdivision.

      (4)   To post a guarantee bond or acceptable surety agreement to remain in effect for a period of one year, following acceptance of required improvements by the City for the purpose of assuring satisfactory construction.

         (Ord. 90-1312. Passed 5-1-90.)

1109.14 PUBLIC ACCEPTANCE OF REQUIRED IMPROVEMENTS AND DEDICATIONS.

   (a)   The installation of required improvements, in accordance with the terms of these Subdivision Regulations, shall in no way be construed as acceptance by the City or an acceptance of an offer of dedication. Same shall be considered only as an offer of dedication until formally accepted by Council.

   (b)   All offers of dedication of rights of way, streets, alleys, open spaces, public areas or any other matter of whatsoever nature or kind shall be considered only an offer to dedicate and shall in no way be considered accepted by the City until action is taken in the manner prescribed by law.

   (c)   Manner of Acceptance of Dedication. All offers of dedication to the City of any required improvements, as set forth herein, shall only be considered accepted after all the following procedures have been completed:

      (1)   An offer of dedication has been made on the appropriate plat;

      (2)   The City Engineer certifies that the improvements have been constructed in accordance with specifications;

      (3)   Acceptance of same by a formal resolution of Council;

      (4)   Conveyance to the City of the interest in question by applicable deed, or other instrument in writing with proper designation and description of same, and of specific reference to the formal acceptance;

      (5)   The signature of the City Manager affixed thereon showing formal acceptance; and

      (6)   The applicable instrument be received and recorded among the land records of the County.

   After the date of adoption, under no circumstances shall implied acceptance of an offer of dedication be recognized by the City except as set forth herein.

   (d)   In the event that Council does not accept or reject a formal offer of dedication within sixty days of such formal offer, same shall be considered accepted provided the applicant furnishes the necessary dedication, in the proper form, subject to approval by the City Law Director.

   (e)   A rejection of an offer of dedication shall not preclude reapplication or reoffer to dedication either immediately or at any later date.

(Ord. 90-1312. Passed 5-1-90.)

1109.15 RELEASE OF BONDS.

   Performance bonds or other sureties established in accordance with the provisions of these Subdivision Regulations shall be released by Council when the City Engineer or other applicable officials certify that the requirements set forth therein have been met and when the required improvements and offers to dedicate have been accepted by the City in accordance with Section 1109.14.

(Ord. 90-1312. Passed 5-1-90.)