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(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)
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)
(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)
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)
Where a larger size water main, sanitary sewer, storm drain or similar facility is required to serve areas outside the subdivision, the larger facility required must be constructed. Additional cost may be borne by the benefitting properties and the assessments are to be determined accordingly by the governing body.
(Ord. 274, passed 4-15-1997)
(A) The governing body may elect to install any or all of the required improvements pursuant to a cash escrow agreement or other financial arrangements with the subdivider.
(B) It is hereby the announced policy of the city that full and complete utility systems be installed in all needed areas as soon as is practicable and soon as it is practicable after final approval of a subdivision with installation within the subdivision of such improvements as may be determined to be necessary. In the event of small subdivisions or in subdivisions in which development may proceed slowly, or in other events in which the construction of gravel streets, utility line, or other improvements is clearly not feasible immediately following the approval of the plat, the governing body may elect to commence assessment proceedings, utilize funds of a cash escrow agreement, or otherwise move to finance and install improvements when the subdivision is developed to the point of warranting the improvements. Such improvements are required in order to provide greater assurance of public health, assure reliability of water supply, provide for economy of installation, provide more effective fire fighting through hydrants, and otherwise protect the public health, safety, convenience and general welfare.
(Ord. 274, passed 4-15-1997)
Notwithstanding any provisions to the contrary herein contained the City Council, upon recommendation from the Planning Commission, may issue municipal improvement condos to pay the cost of required streets, sewer, water, and storm sewer improvements subject to the following:
(A) The proposed subdivision must be abutting upon a presently platted and substantially developed residential neighborhood.
(B) Before proceeding to issue improvement bonds, the Planning Commission and the City Council must make a finding based on current real estate activity in and around the city that lots within the proposed subdivision will be readily marketable.
(C) Issuance of improvement bonds to construct required improvements shall be upon petition and in accordance with M.S. Chapter 429 as amended and the total cost of such improvements shall be assessed against the benefitted property.
(Ord. 274, passed 4-15-1997)
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