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HomeMy WebLinkAbout5093 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 7 ORDINANCE NO. 5 0 9 3 AN ORDINANCE OP THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING AUBURN CITY CODE CHAPTER 17.08 ENTITLED "IMPROVEMENT METHODS", OF THE LAND DIVISION ORDINANCE PERTAINING TO THE BONDING OF PLAT IMPROVEMENTS. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. PURPOSE. The purpose of this Ordinance is as follows: TO amend Auburn City Code Chapter 17.08 entitled "IMPROVEMENT METHODS", of the Land Division Ordinance pertaining to bonding of plat improvements. A copy of said amendments are attached hereto and designated as Exhibit "A". Section 2. Constitutionality or Invalidity. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted and approved and ratified irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. Ordinance No. 5093 April 30, 1998 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Section 3. such administrative procedures as may out the directions of this legislation. Section 4. This Ordinance shall force five day from and after its publication as provided by law. The Mayor is hereby authorized to implement to carry INTRODUCED: PASSED: APPROVED: be necessary take effect and be in passage, approval and May 4, 1998 May 4, 1998 May 4, 1998 CHARLES A. BOOTH MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney PUBLISHED: Ordinance No. 5093 April 30, 1998 Page 2 Chapter 17.08 IMPROVEMENT METHODS Sections: 17.08.010 Improvement methods 17.08.020 City engineer's certificate of improvements. 17.08.010 Improvement methods Following preliminary plat approval and approval of all plans required by Chapter 17.12 ACC, and prior to submission of an application for final plat approval, the applicantJplat developer shall guarantee the public improvements required for the plat are completed by one of the following methods: A. By furnishing to the city a performance bond, a plat or subdivision bond or other similar security satisfactory to the City Engineer, in which assurance is given the city that the installation of the required public improvements will be carried out as provided by plans submitted and approved pursuant to Chapter 17.12 ACC and in accordance with city standards and specifications, and under the supervislon of the city engineer. To qualify for this method, the developer must have a minimum 3 year plat development experience record ;'- ~-^ "';~,, cf .","~urn demonstrating no defaults on plat infrastructure, performance or maintenance bonds. Any developer who is able to provide municipal references and demonstrate the equivalent record of successful, non- defaulted plat construction experience in the Puget Sound region may be evaluated by the City Engineer and City Attorney for eligibility for this method. 1. The amount of the performance bond or other security shall be 150 125 percent of the estimated cost of improvements, as determined by the applicant, and approved by the City EnRineer. ".".d w.._..~k~" ~,...~... ,~.~. %o .....,.+~..~.;...~. M..;...;,., ..~ ,~. .... ~':~ "'~:~' A substantial portion of the required public improvements subiect to bond ng shall be completed within the initial 18 month period of the plat bond. The remainder of the improvements shall be completed within six (6) months. One bond may be allowed to be posted for all the public improvements and the city engineer may allow the bond to be reduced to ensure the completion of the remainder of the public improvements once the substantial public improvements have been completed and accepted by the City, Exhibit "A" Ordinance No. 5093 2. The city engineer may allow incremental six (6) month extensions of the bond time frame, up to one year beyond the initial 2 if there year period, are unforeseen circumstances, beyond the control of the plat developer, that do not allow the completion of the public improvements. 3. In order to ensure the construction and expeditious completion of the improvements and to reduce the possibility of the city having to claim a bond to complete the improvements, a bond will only be accepted for all or a majority of the improvements upon a finding by the City Engineer that all of the following criteria are met:, the financing and the contractor for the improvements are secured, and the amount and the form of the bonds have been approved by the city attorney and city engineer. An executed, certified copy of the actual plat improvements contract which includes a complete itemized scope of work, for each private utility facility and public facility being bonded, will be required as proof of being under contract for construction. B. By the formation of a local improvement district consistent with the provisions of Chapter 3.20 ACC and any other applicable requirement of the city and the state; or C. By actually installing the minimum improvements in accordance with the provisions of Chapter 17.12 ACC, as provided by the local improvement district laws of the state and the city council, and in accordance with city standards and specifications and under the supervision of the city engineer; or D. By actual installation of improvements in accordance with the provisions of Chapter 17.12 ACC, and in accordance with city standards and specifications and under the supervision of the city engineer; or E. By a combination of these methods. F. For any of the above combinations of methods, other than C and D, the plat developer shall execute and record against the plat properties, a statement approved by the City Attorney which holds the City harmless and limits the City's financial obligation Exhibit "A" Ordinance No. 5093 to construct any defaulted private utility facilities and public infrastructure for streets, water utility, sanitary sewer utility, or storm water utility systems to the face value of the bond shall be memorialized on the plat documents The statement shall also recognize the City's reserved, unilateral rights to establish the schedule for construction of defaulted plat infrastructure. Such statements shall be legally binding upon the heirs, and assigns of the developer, subsequent property owners and their heirs and assigns. ~- ........ -~ ....... ~ .... ~:~'.~r'~ r.~,.~;~;~..+~ ..~ ~ .......... +,., 17.08.020 City engineer's certificate of improvements. After completion of all required improvements and/or the guarantee of the construction of all required improvements, the city engineer shall submit a certificate in duplicate to the planning director stating the required improvements, in accordance with the provisions of this title and in accordance with city standards and specifications, have been completed or guaranteed to the satisfaction of the City Engineer. An application for a final plat will not be accepted until the City Engineer has signed such certificate of improvements. \1708C Exhibit "A" Ordinance No. 5093