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§ 153.072 CURBS AND GUTTERS.
   A concrete curb and gutter of a design approved by the engineer shall be installed by the subdivider on each side of the streets indicated in the plat.
(Ord. 274, passed 4-15-1997) Penalty, see § 153.999
§ 153.073 INSPECTION.
   All required improvements shall be inspected by the engineer during construction at the expense of the subdivider.
(Ord. 274, passed 4-15-1997) Penalty, see § 153.999
FINANCIAL ARRANGEMENTS
§ 153.080 IMPROVEMENTS.
   Prior to the approval of a final plat by the governing body, the subdivider shall have agreed, in the manner set forth herein to install, in conformity with approved construction plans and in conformity with all applicable standards and ordinances, the following improvements on the site:
   (A)   Survey monuments;
   (B)   Grading;
   (C)   Pavements;
   (D)   Water mains;
   (E)   Public sanitary sewer;
   (F)   Drainage facilities; and
   (G)   Miscellaneous facilities and other improvements as required.
(Ord. 274, passed 4-15-1997)
§ 153.081 PAYMENT FOR INSTALLATION OF IMPROVEMENTS.
   The improvements as listed elsewhere are to be furnished and installed at the sole expense of the subdivider. However, if any improvement installed within the subdivision will be of substantial benefit to lands beyond the boundaries of the subdivision, provision may be made for causing a portion of the cost of the improvement, representing the benefit to such lands, to be assessed against the same. In such a situation, the subdivider will pay only for such portion of the whole cost of said improvements as will represent the benefit to the property within the subdivision.
(Ord. 274, passed 4-15-1997)
§ 153.082 AGREEMENT PROVIDING FOR THE INSTALLATION OF IMPROVEMENTS.
   (A)   Prior to the installation of any improvements and prior to approval of the plat, the subdivider shall enter into a contact in writing with the city requiring the subdivider to furnish and construct said improvement at his or her sole cost and in accordance with plans and specifications and usual contract conditions. This shall include provision for supervision of details of construction by the engineer, and shall grant to the engineer authority to correlate the work to be done under said contract by any subcontractor authorized to proceed thereunder and with any other work being done or contracted by the community in the vicinity. The agreement shall require the subdivider to make an escrow deposit or, in lieu thereof, to furnish a performance bond, the amount of the deposit or penal amount of the bond to be equal to one hundred twenty-five percent (125%) of the engineer’s estimate of the total cost of the improvements to be furnished under the contract, including the cost of inspection.
   (B)   No subdivider shall be permitted to start work on any other subdivision without special approval of the governing body if he or she has previously defaulted on work or commitments.
(Ord. 274, passed 4-15-1997)
§ 153.083 FINANCIAL GUARANTEE.
   The contract provided for in § 153.082 shall require the subdivider to make an escrow deposit or, in lieu thereof, furnish a performance bond. The escrow deposit or performance bond shall conform to the requirements of this regulation.
   (A)   Escrow deposit. An escrow deposit shall be made with the City Clerk in a sum equal to one hundred twenty-five percent (125%) of the total cost as estimated by the engineer of all improvements to be furnished and installed by the subdivide pursuant to the contract, which have not been completed prior to approval of the plat. The total cost shall include costs of inspection by the city. The city shall be entitled to reimburse itself out of said deposit for any cost and expense incurred by the city for completion of the work in case of default of the subdivider under said contract, and for any damages sustained on account of any breach thereof. Upon completion of the work and termination of any liability, the balance remaining in said deposit shall be refunded to the subdivider.
   (B)   Performance bond. In lieu of making the escrow deposit, the subdivider may furnish a performance bond with corporate surety, in a penal sum equal to one hundred twenty-five percent (125%) of the total cost as estimated by the engineer of all the improvements to be furnished and installed by the subdivider pursuant to the contract, which have not been completed prior to the approval of the plat. The total costs shall include costs of inspection by the city. The bond shall be approved as to from by the attorney and filed with City Clerk.
(Ord. 274, passed 4-15-1997)
§ 153.084 CONSTRUCTION PLANS AND INSPECTION.
   (A)   Construction plans for the required improvements conforming in all respects with the standards and ordinances of the city shall be prepared at the subdivider’s expense by a professional engineer who is registered in the state, and said plans shall contain his or her certificate. Such plans shall be submitted to the City Engineer for his or her approval and for his or her estimate of the total costs of the required improvement. Upon approval, such plans shall become a part of the required contract. The tracings of the plans approved by the engineer plus two (2) prints shall be furnished to the city to be filed as a public record.
   (B)   All required improvements on the site that are to be installed under the provisions of this regulation shall be inspected during the course of construction by the City Engineer at the subdivider’s expense, and acceptance by the city shall be subject to the engineer’s certificate of compliance with the contract. A cash escrow account to pay for the cost of inspection and engineering services during the construction of improvement is described under § 153.067.
(Ord. 274, passed 4-15-1997)
§ 153.085 IMPROVEMENTS COMPLETED PRIOR TO APPROVAL OF THE FINAL PLAT.
   Improvements within a subdivision which have been completed prior to application for approval of the plat or execution of the contract for installation of the required improvements in compliance with the requirements only if the engineer shall certify that he or she is satisfied that the existing improvements conform to applicable standards.
(Ord. 274, passed 4-15-1997)
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