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2010 Ordinances
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<br />f} <br /> <br />0> <br /> <br />written notice from the subdivider for a periodic partial release or a final complete release <br />of any bond, escrow, letter of credit, or other performance guarantee, the City Engineer <br />shall notify the subdivider of approval or nonapproval of such requests or of any specific <br />defects or deficiencies in construction and suggested corrective measures. If no such <br />notice is provided to the subdivider within the two (2) year period, the periodic partial <br />release shall be deemed approved. No final release shall be granted until after expiration <br />of said two (2) year period and there is an additional request in writing sent by certified <br />mail, return receipt, to the city manager. If no action is taken within ten days from the <br />receipt of this request, then the final release of the bond, letter of credit, escrow or other <br />performance guarantee shall be deemed approved. <br />(f) Upon acceptance of improvements, the subdivider shall execute and file with the <br />City Engineer a maintenance bond equal to ten percent of the total cost of the public <br />improvements installed for the subdivision. The subdivider shall be responsible for all <br />maintenance or repairs for the public improvements as required by the City Engineer for <br />a period of one year after acceptance of such improvements. <br />(g) In those instances in which any of the improvements as required by this section <br />could be more conveniently installed by the city or its Agent, the city may, in its <br />discretion, accept payment of the total cost of such improvements in lieu of actual <br />construction or bond as required above. Such payment will be set forth in an agreement <br />approved by the city attorney, which agreement will set forth the conditions' of payment <br />and a time limit upon the use of such payment by the city, such time limit in no instance <br />to exceed ten years. If such payment is not utilized by the city within the agreed time <br />limit, it will revert to the subdivider. <br />(h) If a subdivider makes an advance of payments for or construction of reasonable and <br />necessary road improvements located outside the property limits of the land owned or <br />controlled by the subdivider, the need for which is substantially generated and reasonably <br />required by the construction or improvement of the subdivision or development, and such <br />advance is accepted, the city may agree to reimburse the subdivider from such funds as <br />the city may make available for such purpose from time to time for the cost of such <br />advance together with interest, which shall be excludable from gross income for federal <br />income tax purposes, at a rate equal to the rate of interest on bonds most recently issued <br />by the city on the following terms and conditions: <br />(1) The city shall determine or confirm that the road improvements were <br />substantially generated and reasonably required by the construction or <br />improvement of the subdivision or development, and shall determine or confirm <br />the cost thereof on the basis of a study conducted by qualified traffic engineers <br />and approved and accepted by the subdivider. <br />(2) The city shall prepare, or cause to be prepared, a report, accepted and <br />approved by the subdivider indicating the governmental services required to be <br />furnished to the subdivision or development and an estimate of the annual cost <br />thereof for the period during which the reimbursement is to be made to the <br />subdivider. <br />(3) The city may make annual reimbursements to the subdivider from funds <br />made available for such purpose from time to time, including, but not limited to, <br />real estate taxes assessed and collected against the land and improvements on the <br />property included in the subdivision in amounts equal to the amount by which <br />such real estate taxes exceed the annual cost of providing reasonable and <br />necessary governmental services to such subdivision or development. <br />(i) No certificate of occupancy shall be issued for the occupancy of any structure or <br />building to be located in such subdivision unless and until the improvements required <br />herein which are directly necessary to the use and enjoyment of such structure have been <br /> <br />Page 29 of 33 <br />
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