§ 15.44

Any person who constructs or causes to be constructed or moves any building or dwelling in the city shall dedicate the required right-of-way, and utility easements, and construct all necessary public improvements as defined by the city council resolution in accordance with city specifications upon the property and along all street frontage adjoining the property upon which such building or dwelling is constructed or moved, unless existing improvements meet city standards. Such public improvements shall include, but not be limited to, curbs and gutters, sidewalks, paving, driveway approaches, waterlines, water valves and appurtenances, fire hydrants, sewer lines, sewer manholes, storm drain pipes and inlets, and other flood protection facilities. In each instance, the city engineer shall determine whether or not necessary improvements exist and are adequate, and each building permit shall be so endorsed.

A.

Where the city engineer determines that installation of a curb, gutter and/or sidewalk is not required at the time of construction, but would be installed at a future date, the person constructing shall pay in-lieu fees equal to the cost of improvements.

B.

When a construction site is located within one mile of existing or proposed public or private school, sidewalks shall be required in all instances.

(Code 1965, § 6-12.01.)

Any person who alters, enlarges, expands or causes to be altered, enlarged or expanded any building or dwelling in the city where the cost of such alteration, enlargement or expansion exceeds the sum of twentyfive thousand dollars for any owner occupied building, fifteen thousand dollars for all other buildings, or otherwise exceeds forty percent of the current market value of the existing improvement, or exceeds five hundred square feet in the area of addition, shall dedicate the required right-of-way and utility easements and construct all necessary public improvements in accordance with city specifications upon the property and along street frontage adjoining the property upon which such building or dwelling is altered, enlarged or expanded, unless such existing improvements meet city standards. Such public improvements shall include, but not be limited to, curbs and gutters, sidewalks, paving, driveway approaches, street lights, waterlines, water valves and appurtenances, fire hydrants, sewer lines, sewer manholes, storm drain pipes and inlets and other flood protection facilities. In each instance the city engineer shall determine whether or not necessary improvements exist and are adequate, and each building permit shall be so endorsed. In all instances where the cost of such alteration, enlargement or expansion exceeds the sum of fifteen thousand dollars, the required right-of-way and utility easements shall be dedicated as determined by the city engineer.

(Code 1965, § 6-12.02.)

A.

Any person required to make improvements by the provisions of this chapter shall either make and complete the same to the satisfaction of the city engineer or shall file with the city engineer a bond, or other acceptable guarantee, as hereinafter described in such an amount as the city engineer estimates and determines to be necessary to complete all of the improvements required.

B.

The city engineer or his designee shall specify one of the following guarantees:

1.

Cash bond;

2.

An instrument of credit from an approved financial institution;

3.

Bond executed by a company authorized to act as a surety in this state;

Such other type of security as may be approved by the city council;

C.

Any bond filed shall be payable to the city, and shall be conditioned upon the faithful performance of any and all work required to be done. Should such work not be done or completed within the time specified, the city may, at its option, cause the same to be done or completed and the parties executing the bond shall be firmly bound under a continuing obligation for the payment of all necessary costs and expenses incurred in the construction thereof. The bond shall be executed by the owner of the lot or parcel as principal, and, if a surety bond, shall also be executed by a corporation authorized to act as a surety under the laws of this state. Whenever the owner elects to deposit a cash bond, the city is authorized in the event of default on his part to use any and all of the deposit money to cause the required work to be done or completed, and for payment of all costs and expenses therefor. Any money remaining shall be refunded to the owner, provided that in no instance shall the city be liable for interest on the moneys it so holds on deposit.

D.

When a substantial portion of the required improvements have been completed to the satisfaction of the city engineer and the completion of remaining improvements is delayed due to conditions beyond the owner's control, the city engineer may accept the completed portion and consent to the proportionate reduction of the bond in an amount estimated and determined by the city engineer to be adequate to assure the completion of the remaining required improvements.

E.

Whenever a surety bond has been filed in compliance with this section, the city is authorized, in the event of any default on the part of the principal, to enforce collection under such bond for any and all damages sustained by the city by reason of any failure on the part of the principal to faithfully and properly complete the required work to be done or completed, and the surety upon the bond shall be firmly bound for the payment of all necessary costs thereof.

F.

The term of the bond shall begin on the date of the deposit of cash or the filing of the surety bond, and shall terminate upon the date of the completion to the satisfaction of the city engineer of all improvements required to be made. The fact of such completion shall be endorsed by a statement thereof signed by the city engineer, and the deposit shall be returned to owner, or the surety bond shall be exonerated at any time thereafter.

G.

For the purposes of this chapter, improvements shall be considered assured when the city engineer accepts the cash or surety bond or other guarantee provided for herein, or the improvements required to be made have been completed to his satisfaction. When the city engineer accepts the bond or other

guarantee or the work has been completed to his satisfaction, the city engineer shall notify the building department.

(Code 1965, § 6-12.03.)

Upon written application, the city manager or his designee by written order may defer, waive or modify the requirements of this chapter when any one of the following conditions exist:

A.

The city manager or his designee determines that because of lack of adequate data in regards to grades, plans or surveys or other information, the construction of improvements should be deferred to a later date;

B.

The city manager or his designee determines that the construction of improvements is included in a budgeted city project or an improved assessment district;

C.

The city manager or his designee determines that the public health, safety and welfare of the inhabitants of the city would not be endangered by the deferment, modification or waiver of the construction of improvements in con-junction with the proposed construction or expansion.

(Code 1965, § 6-12.04.)