Before commencing any improvements the subdivider shall deposit
with the city clerk the sum estimated by the city engineer to cover
the actual cost of the engineering or inspection charges rendered
in connection with the improvements, as follows:
(1)
For checking of plans, profiles, details and specifications;
(2)
For preparation of plans, profiles, details and specifications;
(3)
For setting construction line and grade stakes, supervision and inspection
of construction; and
(4)
For inspection and supervision of construction; provided, however,
that if approved by the city engineer, the subdivider may engage the
services of an engineer who is a registered civil engineer of the
state to prepare plans, profiles, details and specifications, or for
setting construction line and grade stakes, however, in such an event
all checking of plans, profiles, details and specifications, and all
inspection and supervision of the improvements shall be performed
by the city engineer.
(Prior code § 18.6)
The city shall refund unused deposits all cases if the actual
cost of engineering or inspection is less than the amount deposited.
The city shall refund to the applicant any amount still remaining
in the same manner as provided by law for the payment of trust moneys.
(Prior code § 18.6)
In lieu of making the special deposit required for the cost
of engineering or inspection of improvements by the city engineer,
the subdivider may make and maintain with the city engineer a general
deposit not to exceed the sum of one thousand dollars. The general
deposit shall be held and used for the same purposes as the special
deposit for the cost of engineering or an inspection of improvements
by the city engineer.
(Prior code 18.6)
If any deposit made pursuant to the engineering and inspection
deposits, special, or the engineering and inspection deposits, general,
is less than sufficient to pay all of the costs of engineering or
inspection, the subdivider, upon demand of the city engineer, shall
pay to the officer making the demand an amount equal to the deficiency.
If the subdivider fails or refuses to pay such deficiency upon demand,
the city may recover the same by action in any court of competent
jurisdiction. Until such deficiency is paid in full the improvement
shall be considered uncompleted.
(Prior code § 18.6)
The agreement referred to in Section 20.16.080 shall be accompanied
by a faithful performance bond guaranteeing the faithful performance
of all work, the engineering or inspection of which is the duty of
the city engineer, in a penal sum which in the opinion of the city
engineer equals the cost thereof.
(Prior code § 18.6)
All faithful performance bonds referred to in this chapter shall
be:
(1)
Furnished by a surety company authorized to write the same in the
state; and
(2)
Subject to the approval and acceptance of the city council.
(Prior code § 18.6)
In lieu of a faithful performance bond required by this chapter,
the subdivider may deposit with the city council a sum of money equal
to the required amount of such bond as security for the faithful performance
thereof, or, in the alternative, an instrument of credit from a financial
institution which is subject to regulation by the state or federal
government pledging that the moneys necessary to meet the performance
are on deposit and guaranteed for payment.
(Prior code § 18.6)
When any portion of an improvement has actually been fully completed,
the officer whose duty it is to inspect such improvement may, in his
or her discretion, authorize from time to time a reduction in the
bond or a partial withdrawal of the funds, which bond or funds were
deposited in lieu of a faithful performance bond required by this
title, equal to the estimated cost of such completed portion.
This section does not authorize a reduction or withdrawal or
partial completion of any or all of any such improvement.
(Prior code § 18.6)
Upon the failure of a subdivider to complete any improvement
within the time specified in an agreement, the council may, upon notice
in writing of not less than ten days served upon the person signing
such contract, or upon notice in writing of not less than twenty days
served by registered mail addressed to the last-known address of the
person signing such contract, determine that such improvement work
or any part thereof is uncompleted, and may cause to be forfeited
to the city such portion of such sum of money or bonds given for the
faithful performance of such work as may be necessary to complete
such improvement work.
(Prior code § 18.6)
