ORDINANCE NO. 14,173

Transcription

1 ORDINANCE NO. 14,173 AN ORDINANCE amend Municipal Code City Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, by amending Section relating fees f private construction s. Be It Ordained by City Council City Des Moines, Iowa: Section 1. That Municipal Code City Des Moines, Iowa, 2000, adopted by Ordinance No. 13,827, passed June 5, 2000, is hereby amended by amending Section relating fees f private construction s, as follows: Sec Procedures f approval three party. (a) Pri commencement construction any street sewer improvements associated subdivision development, site plan development, any private construction project, involving construction streets sewers which are be dedicated and maintained by city, construction private sewers upon city property street rights--way, construction private streets private sewer mains serving me than one building, person desiring construct such improvements shall make application city engineer f approval private construction pursuant which

2 such improvements will be constructed. The application shall be in fm a letter requesting approval and shall be accompanied by reproducible Mylars engineering design drawings such improvements approved by city engineer, executed iginals all proposed s f construction such improvements, 's surety bond f perfmance, payment and maintenance such, and a certificate insurance evidencing insurance coverages as required by engineering department. The application shall also be accompanied by payment an administrative fee f City's costs processing and approving and accepting perfmed reunder, ger an inspection and testing fee f City's costs inspecting and testing perfmed under, said fees be calculated upon basis schedule fees adopted by City Council by resolution. All such proposed s shall be three-party s in

3 substantially fm provided and required by engineering department. Under such, city is be a named third-party beneficiary 's obligations and commitments regard construction improvements and an obligee under 's bond. Surety bonds and insurance certificates shall likewise be in substantially fm provided and required by engineering department. (b) Upon receipt an application requesting approval accompanied by all required documentation, and upon payment fees as required in (a) above, city engineer shall make a recommendation city council as approval rejection proposed, taking in consideration following: (1) The financial responsibility. (2) The past reco

4 rd tran sact ions and expe rien ce, incl udin g qual ity mans hip; numb er lien s, clai ms comp lain ts file d; and numb er repa irs made on

5 prio r publ ic impr ovem ent cons truc tion proj ects invo lvin g that. (3) The adeq uacy 's equi pmen t and mate rial s. (4) The 's demo nstr ated abil ity

6 comp lete perf ma nce. (5) The conf mi ty prop osed and rela ted docu ment s requ irem ents this sect ion. (c) A proposed may be rejected upon a determination by city council that has: (1) With out

7 good caus e r ef fail ed carr y on comp lete prio r unde r a thre e- part y in an acce ptab le mann er refu sed comp ly a writ ten de r engi neer

8 rega rd r e in a reas onab le time ; (2) Fail ed perf m prio r unde r a thre e- part y in reas onab ly clos e conf mi ty plan s and spec ific atio ns

9 r ef in reas onab ly clos e conf mi ty city 's desi gn stan dard s; (3) Fail ed refu sed remo ve and repl ace mate rial s foun d by city engi neer not be

10 in reas onab ly clos e conf mi ty plan s and spec ific atio ns city desi gn stan dard s, as appl icab le, fail ed cr ect such mate rial so as caus e such mate

11 rial s fini shed prod uct be reas onab ly acce ptab le ; (4) Assi gned disp osed any part r e out appr oval city engi neer ; (5) Offe

12 red give n gift s grat uiti es city empl oyee s in viol atio n stat e law has had as its empl oyee a pers on who was at time also a city empl oyee. (d) If city engineer determines recommend rejection city council, city

13 engineer shall so notify affected. The notice shall set fth reasons suppting rejection proposed, shall indicate that may appeal city engineer's determination in that regard, and shall be sent by certified mail, return receipt requested. a. Upon written request filed in ten days mailing notice provided in subsection (c) this section, city engineer shall schedule a hearing at which may present evidence argument why his her proposed should not be rejected. Such hearing shall be scheduled and held in ten days receipt request ref. The city engineer's recommendation shall be issued in 30 days conclusion hearing, shall be mailed all parties participating in hearing, and shall be fwarded city council f consideration. If city engineer's recommendation is reject proposed, city engineer shall notify by certified mail, return receipt requested, date, time, and location city council meeting at which city engineer's recommendation will be presented city council f consideration. b. The city council may accept reject city engineer's recommendation respect proposed, but if city council determines reject proposed, reasons f rejection shall be set fth in council resolution memializing that action. (g) In event a is rejected, administrative ption fee will be retained and

14 inspection and testing ption fee shall be refunded applicant. Sec. 2. This dinance shall be in full fce and effect from and after its passage and publication as provided by law. FORM APPROVED: Terrence L. Timmins, Deputy City Attney Presn A. Daniels, May Attest: I, Donna V. Boetel-Baker, City Clerk City Des Moines, Iowa, hereby certify that above and fegoing is a true copy an dinance (Roll Call No ), passed by City Council said City at a meeting held December 16, 2002 signed by May on December 16, 2002 and published as provided by law in Polk County Press Citizen on December 27, 2002 Authized by Publication Order No Donna V. Boetel-Baker, City Clerk

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