Chapter 16.36 — BONDS AND DEPOSITS

Before commencing any improvement, the subdivider shall deposit:

A.

With the city water department, in cash, the sum required by the water rate ordinance of the city for providing domestic water service and fire protection to the subdivision;

B.

With the city engineer, a sum estimated by the city engineer to cover the actual cost of checking plans for, and inspection of, all improvements under his jurisdiction. Plan checking deposits are to be made when plans are submitted for checking;

C.

With the Pasadena municipal light and power department, a sum estimated by the general manager and chief engineer of the department, to cover the department's cost of preparation of plans and specifications for any underground electrical power distribution system required pursuant to this title. Also a sum estimated, as above, to cover the department's estimated cost of making necessary inspections and connections for underground distribution and street lighting systems.

(Ord. 4815 § 10.01, 1967)

In any case where the actual cost of plan preparation, plan checking, inspection or other services performed by an officer or department of the city pursuant to Section 16.36.010 (except in the case where the deposit is set as a fixed charge by city ordinance) is less than the amount deposited, the city shall refund to the depositor any amount still remaining in the same manner as provided by law for repayment of trust moneys.

(Ord. 4815 § 10.02, 1967)

If any deposit made pursuant to Section 16.36.010 is less than sufficient to pay all of the costs of plan checking, inspection, etc., the subdivider, upon demand of the city engineer or city controller, shall pay the city 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.

(Ord. 4815 § 10.03, 1967)

To assure that the work specified in the agreement referred to in Chapter 16.16 will be satisfactorily completed, subdivider shall deposit with the city, or with a responsible escrow agent or trust company, subject to approval of the city manager, cash, an assignment of savings certificates, letter of credit, or equivalent negotiable security, in a form approved by the city attorney, in an amount recommended by the city engineer. If the agreement referred to in Chapter 16.16 is appealed to, or approved by the city council, the faithful performance guarantee shall also be subject to approval of the city council.

(Ord. No. 7454, § 5, 8-25-2025; Ord. 5173, § 5, 1974; Ord. 4815, § 10.04, 1967)

The agreement referred to in Section 16.24.090 shall be accompanied by a cash deposit, or other security as provided in Section 16.36.040 in an amount which, in the opinion of the city engineer, equals the cost of setting such monuments, furnishing notes and in every respect complying with such agreement.

(Ord. 5173 § 6, 1974: Ord. 4815 § 10.05, 1967)

All tax bonds and bonds for special assessments furnished under authority of the Subdivision Map Act shall be:

A.

Furnished by a surety company authorized to write the same in the state;

B.

Subject to the approval of the city attorney.

(Ord. 5173 § 7, 1974; Ord. 4815 § 10.06, 1967)

A.

When any portion of an improvement has actually been fully completed, the city engineer may inspect such improvement and may authorize from time to time a partial withdrawal of funds, or a partial reassignment and withdrawal of savings and loan certificates or shares, which funds, certificates or shares were deposited as required by this chapter, equal to the estimated cost of such completed portion.

B.

This section does not authorize a reduction or withdrawal for partial completion of any or all of such improvement.

(Ord. 5173 § 9, 1974: Ord. 4815 § 10.08, 1967)

Upon the failure of a subdivider to complete any improvement within the time specified in an agreement, the board of directors may, upon notice in writing of not less than 10 days served upon the person, firm or corporation signing such contract, or upon notice in writing of not less than 20 days served by certified mail addressed to the last known address of the person, firm or corporation signing such contract, determine that the improvement work or any part thereof is uncompleted and may cause to be forfeited to the city such portion of the sum of money or bonds given for the faithful performance of said work, or may cash any savings and loan certificates or shares deposited and assigned to assure the faithful performance of said work in such amount, as may be necessary to complete such improvement work.

(Ord. 4815 § 10.09, 1967)