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Ordinance 514-78
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Ordinance 514-78
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10/4/2018 11:24:08 AM
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10/4/2018 11:24:02 AM
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Ordinances
Ordinance Number
514-78
Date
4/26/1978
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. <br /> 1 (a) Performance Bond Prior to commencing construction, the developer <br /> 2 constructing the facility shall post a performance bond in an amount of 120% <br /> 3 of the cost of construction per the approved drainage plans. After deter- <br /> 4 mination by the City Engineer that all facilities are constructed in compliance <br /> 5 with the approved plans, the performance bond shall be released. Alternatively, <br /> 6 an equivalent cash deposit to an escrow account administered by a local bank <br /> 7 designated by the City may be acceptable. <br /> 8 (b) Maintenance Warranty Bonds After satisfactory completion of the <br /> 9 facilities and release of the performance bond by the City, the developer <br /> 10 constructing the facility shall commence a two (2) year period of satisfactory <br /> 11 maintenance of the facility. A warranty bond to be used at the discretion of <br /> 12 the City Engineer to correct deficiencies in said maintenance affecting public <br /> 13 health, safety and welfare must be posted and maintained throughout the two <br /> 14 year maintenance period. The amount of the warranty bond shall be ten percent <br /> 15 of the estimated construction cost of the drainage facilities. In addition, <br /> 16 the warranty bond shall cover the cost of design defects and/or failures in <br /> 17 workmanship of the facilities throughout the two year maintenance period. <br /> 18 Alternatively, an equivalent cash deposit to an escrow account administered <br /> 19 by a local bank designated by the City may be acceptable. <br /> 20 (c) Liability Policy The developer constructing the facility shall <br /> 21 maintain a liability policy in the amount of two hundred thousand dollars <br /> 22 i; per individual, five hundred thousand dollars per occurrence, and one <br /> 23 4 hundred thousand dollars property damage, which shall name the City as an <br /> 24 additional insured and which shall protect the City from any liability up <br /> 25 to those amounts for any accident, negligence, failure of the facility, or <br /> 26 any other liability whatsoever, relating to the construction or maintenance <br /> 27 of the facility. Said liability policy shall be maintained for the duration <br /> 28 of the facility by the owner of the facility, provided that in the case of <br /> 29 facilities assumed by the City for maintenance pursuant to Section 10 of <br /> 30 f this ordinance, said liability policy shall be terminated when City Council <br /> 31 accepts the facility and City maintenance responsibility commences. <br /> 32 1 <br /> 10 <br />
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