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ORD20071261amend18 AMENDED COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1261 AN ORDINANCE TO AMEND CHAPTER 18, SECTIONS 18.22, 18.31(2)(e), 18.32(1)(h) AND 18.32(2)(h) OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Letter of Credit Amounts for Public Improvements) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS: SECTION 1: Chapter 18, Section 18.22, of the Municipal Code is hereby amended to read as follows: 18.22 IMPROVEMENTS. Before final approval of any plat or certified survey map located within the jurisdictional limits of this chapter, the Subdivider shall install street, utility and other public improvements as provided below. If such improvements are not installed as required at the time the final plat or certified survey map is submitted for approval, the Subdivider shall, before recording of the final plat or certified survey map, enter into a contract with the City agreeing to install the required improvements and file with such contract a letter of credit, cash or certified check meeting the approval of the City Attorney in an amount equal to 120% of the estimated cost of the improvements, such estimate to be made by the Finance Committee and the Common Council upon the recommendation of the Engineering/Building Inspection Director City Engineer, as a guarantee that such improvements will be completed by the Subdivider or his subcontractors not later than one year from the date of recording of the plat and as a further guarantee that all obligations to subcontractors for work on the development are satisfied. In addition: (1) CONTRACT APPROVALS. Contracts and contract specifications for the construction of street and utility improvements on dedicated street rights-of-way, as well as the contractors and subcontractors who are to be engaged in the construction of street and utility improvements on dedicated street rights-of-way, shall be subject to review and approval of the Engineering/Building Inspection Director and approval of the City. (2) GOVERNMENTAL UNITS. Governmental units to which these bonds and contract provisions apply may file, in lieu of such contract and bond, a letter from officers authorized to act on their behalf agreeing to comply with the provisions of this section. (3) SURVEY MONUMENTS. Before final approval of any plat within the corporate limits of the City or its extraterritorial jurisdictional limits, the Subdivider shall install survey monuments placed in accordance with §236.15, Wis. Stats., and as may be required by the Engineering/Building Inspection Director. (4) PLATS OUTSIDE THE CORPORATE LIMITS. Before final approval by the City of any plat or certified survey map located outside the corporate limits of the City, but within the plat approval jurisdiction of the City, the Subdivider shall give evidence that he has complied with all street and utility improvements of the town in which the land being platted is located. (5) WAIVER OF MONUMENTS. The City Plan Commission may waive the placing of monuments, required under §236.15(l)(b), (c) and (d) for a reasonable time on condition that the Subdivider executes a surety bond to insure the placing of such monuments within the time required. Ordinance #1261 Page 2 (6) ADVANCE REIMBURSEMENT. The Subdivider shall pay the City in advance of signing the Subdivider's agreement for all fees, expenses and disbursements which are incurred by the City and reimburse the City, without limitation by reason of enumeration, for design, engineering, preparation, checking and review of designs, plans and specifications; supervision and inspection to insure that construction is in compliance with applicable plans, specifications, regulations and ordinances; and legal, administrative and fiscal work undertaken to assure and implement such compliance. SECTION 2: Chapter 18, Section 18.31(2)(e), of the Municipal Code is hereby amended to read as follows: (e) Upon approval or conditional approval of a preliminary plat from the Plan Commission or the Common Council, the Subdivider may proceed with installation of subdivision improvements after approval of the engineering plans by the Engineering/Building Inspection Director City Engineer, Public Works Committee and Public Utility Committee, approval of all other applicable agencies and submittal to the City of copies of all permits and letters of approval and/or may submit a final plat for review. The Subdivider shall enter into a contract with the City agreeing to install the required improvements and shall file with the contract a letter of credit, cash or certified check meeting the approval of the City Attorney in an amount equal to 120% of the estimated cost of the improvements, such estimate to be made by the Finance Committee and Common Council upon the recommendation of the Engineering/Building Inspection Director City Engineer, as a guarantee that such improvements will be completed by the Subdivider or his subcontractors not later than one year from the date of recording of the plat and as a further guarantee that all obligations to subcontractors for work on the development are satisfied. If after the approval or conditional approval of the Preliminary Plat by either the Plan Commission or the Common Council, the Subdivider creates a substantial change to the subdivision layout, the City shall require the resubmittal of a preliminary plat in conformance with sub. (1) above. A substantial change to the subdivision layout will have presumed to occur if the external boundaries of the subdivision plat are changed in any manner, there is an increase in the number of lots by more than 5%, there is a change in street configuration or a permitting agency denies a permit on which the plat depends. If the change is made at the request of the City, a substantial change shall not be presumed to occur and the Subdivider may proceed with submittal of a final plat. SECTION 3: Chapter 18, Section 18.32(1)(h), of the Municipal Code is hereby amended to read as follows: (h) Upon approval of the final plat from the Plan Commission or Common Council, the Subdivider may proceed with installation of subdivision improvements after approval of the engineering plans by the Engineering/Building Inspection Director City Engineer, Public Works Committee and Public Utility Committee, approval of all other applicable agencies and submittal to the City of copies of all permits and letters of approval and/or may submit a final plat for review. The Subdivider shall enter into a contract with the City agreeing to install the required improvements and shall file with the contract a letter of credit, cash or certified check meeting the approval of the City Attorney in an amount equal to 120% of the estimated cost of the improvements, such estimate to be made by the Finance Committee and Common Council upon the recommendation of the Engineering/Building Inspection Director City Engineer, as a guarantee that such improvements will be completed by the Subdivider or his subcontractors not later than one year from the date of recording of the plat and all obligations to subcontractors for work on the development are satisfied. Ordinance #1261 Page 3 SECTION 4: Chapter 18, Section 18.32(2)(h), of the Municipal Code is hereby amended to read as follows: (h) Installation of Improvements. Upon approval of the final plat from the Plan Commission or Common Council, the Subdivider may proceed with installation of subdivision improvements after approval of the engineering plans by the Engineering/Building Inspection Director City Engineer, Public Works and Public Utility Committees, approval of all other applicable agencies and submittal to the City of copies of all permits and letters of approval and/or may submit a final plat for review. The Subdivider shall enter into a contract with the City agreeing to install the required improvements and file with the contract a letter of credit, cash or certified check meeting the approval of the City Attorney in an amount equal to 120% of the estimated cost of the improvements, such estimate to be made by the Finance Committee and Common Council upon recommendation of the Engineering/Building Inspection Director City Engineer, as a guarantee such improvements will be completed by the Subdivider or his subcontractors not later than one year from the date of recording of the plat and as a further guarantee that all obligations to subcontractors for work on the development are satisfied. SECTION 5: The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections, or portion thereof of the ordinance which shall remain in full force and effect. Any other ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. SECTION 6: This ordinance shall be in full force and effect from and after its passage and publication. TH PASSED AND APPROVED THIS 14 DAY OF AUGUST , 2007. CITY OF MUSKEGO _____________________________ John R. Johnson, Mayor First Reading: 07/24/07 ATTEST: ___________________________ rd Janice Moyer, Clerk Published this 23 day of August, 2007 7/07jmb