(A) After the bids have been received and opened and the lowest responsible bid has been determined in the amount of dollars necessary to construct the projects, the City Council may require the subdivider to deposit with the city an amount of money in cash to cover the lowest responsible bid as determined by the City Council, plus all cost of engineering connected therewith which has not been paid prior to the taking of bids within ten days, and shall be authorized by the subdivider to execute a contract or contracts for the improvements and pay therefor from the funds so received as the work progresses.
(B) In the event that the City Council shall determine that the taking of bids by the city and awarding of the contracts by the city is not in the best interest of the city with respect to the streets, drainage, water, sewer and gas mains, or will cause an undue hardship on the subdivides, then in that event, the subdivider may let a contract for the improvements, provided:
(1) The subdivider provides or the subdivider causes its contractor to provide a payment and performance bond in the amount of the cost of the improvements which assures the city that the project will be completed in accordance with the plans and specifications therefor, and all cost of labor and material for the project will be paid.
(2) The subdivider pays in advance prior to the commencement of any work in the subdivision a sum of money which is sufficient in the opinion of the City Council to cover engineering fees for on site visits and inspections of the City Engineer or his or her duly authorized representative as the work progresses.
(3) In the event the property to be subdivided or re-subdivided lies within the extra territorial jurisdiction of the city of is adjacent and contiguous to the city, presents a petition from the owners of the property and residents, if any, seeking annexation to the city. It is the policy of the city not to provide service for water, sewer, gas and garbage for residential areas outside the city limits.
(4) In the event the property to be subdivided or re-subdivided lies within the extra territorial jurisdiction of the city, but is not adjacent and contiguous to the city limits, but is within 1,000 feet of the city limits, then, in such event, the subdivider shall be obligated to present a petition from the residents of the subdivision and owner and from the residents of the area of land situated between the city limits and the subdivision or re-subdivision seeking annexation in the manner and form required by law.
(5) In the event the property to be subdivided or re-subdivided lies within the extra territorial jurisdiction of the city, but is not adjacent and contiguous to the city limits and is not within 1,000 feet of the city limits, the subdivider shall present in writing a request to the City Council that provisions with respect to water, sewer and gas main be waived by the City Council, but that easements for the purposes shall be reflected on the plat.
(6) Subdivider must agree that, during construction, the City Engineer or some person acting under his or her direction shall be permitted to make proper test and make timely and proper inspections of the work in progress.
(Ord. 328, passed 11-20-84; Am. Ord. 108-95, passed 2-21-95)