HomeMy WebLinkAbout0553 Public Works Construction Standards 2002CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 553
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING SECTION
16.12.300 OF THE CHUBBUCK MUNICIPAL CODE TO ADOPT THE 2000
EDITION OF THE IDAHO STANDARDS FOR PUBLIC WORKS CONSTRUCTION,
MAKING CORRECTIONS TO THE SOURCE; AMENDING 17.12.210 TO REQUIRE
A PLAT TO BE SUBMITTED FOURTEEN DAYS BEFORE THE COUNCIL
MEETING; ADDING SECTION 17.16.240 TO REQUIRE EXECUTION OF A
DEVELOPMENT AGREEMENT; AMENDING SECTION 17.16.050 TO CLARIFY
WHEN DEVELOPMENT MAY TAKE PLACE PRIOR TO FINAL PLAT APPROVAL
AND TO PROVIDE FOR THE POSTING OF A SUBDIVISION COMPLETION
BOND; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE
SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT
ALL OTHER SECTIONS AND PROVISIONS OF CHAPTERS 16.12 AND 17.16 NOT
HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT; AND
PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. Section 16.12.300 is amended as follows:
16.12.300 Adoption:
The +990 2000 Edition of the Idaho Standards for Public Works Construction as
promulgated by the Idaho Standards for Public Works Construction Subcommittee Executive
Committee is adopted and incorporated herein by reference as an ordinance of the City in its
current form and as it may be hereafter amended from time to time as though set forth fully
herein. Future editions of these standards may be adopted as the same are published from time to
time by the Committee, by resolution of the Mayor and City Council and such resolution shall
identify with particularity the edition being adopted. Unless specifically stated to the contrary,
such resolution shall have the effect of adopting that future edition as the edition then in force.
Three (3) copies One (1) copy of the current edition of the standards shall be maintained on file
at the City Clerk's office for use and examination by the public.
Section 2. Section 17.12.210 is amended as follows:
17.12.210 Placed on agenda of meeting.
The city clerk shall cause the final plat and documents to be placed on the agenda of the
next regularly scheduled meeting of the city council to be held not less than -three fourteen days
after the final plat is submitted; and the city clerk shall make one copy of the final plat and
documents available to the city engineer.
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Section 3. New Section. The following Section 17.16.240 is added.
17.16.240 Development agreement required.
Prior to execution of the final plat by city officials, the developer will execute a
development agreement with the city agreeing to conform to provisions of this code ani
other reauirement which may be specified by the city in its approval of the final plat.
Section 4. Section 17.16.050 is amended as follows:
17.16.050 Undedicated structure on land in proposed development prohibited.
No structure or improvement, except those to be dedicated, shall be built or placed upon
land located in any proposed development until all easements, streets, pedestrian ways, utilities,
and areas of open space (and/or cash contributions in lieu thereof) adjoining or serving the land
upon which the structures or improvements will be located, have been dedicated to the extent
required in this Chapter and the final plat offering dedications has been recorded and such
dedication has been accepted by the City Council, provided, however, tha Tthe City may permit
such improvements or structures to be built or placed on the land at an earlier time if_ the
developer farnishes a completion bond approved by the eity as to form, aino-ant and surety.
A. Structures and improvements to be dedicated to the public are substantiallv complete
with water and sewer lines complete and functional, all other public utilities installed within
street rights-of-way, curb and gutter constructed, roadside drainage swale if applicablegraded,
and the street pavement section constructed to at least the grade of the top of the base aggregate
course. Substantial completion will be judged by the city engineer, and
B. The project's engineer of record submits a list of remaining work to be accomplished
together with an itemized list of cost estimates, and
C. The owner (or developer) submits to the City a Subdivision Completion Bond, in the
City's name, for 125% of the cost of remaining items as identified by the project engineer of
record.
ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the
City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in
conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict.
All other sections and provisions of Chapters 16.12, 17.12 and 17.16 not herein amended shall
remain in full force and effect.
Section 2. Severability. If any provision of this ordinance is held invalid, for any reason,
by any court of competent jurisdiction, such holding shall not affect the validity or enforceability
of any of the remaining provisions.
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Section 3. Effective Date. The rule requiring an ordinance to be read on three separate
days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall
become effective upon its passage, approval and publication as provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF
CHUBBUCK, IDAHO, this 26TH day of February, 2002.
i
AYOR
ATTEST:
a- lz�14
CITY CLERK
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City of Chubbuck
Development Agreement
Development Name:
Phase:
Project Number:
This Agreement, dated , by and between the City of
Chubbuck herein after referred to as CHUBBUCK, and
herein after referred to as the DEVELOPER, sets forth specific definitional
amendments to the Idaho Standards for Public Works Construction (ISPWC) well
as duties and responsibilities of the DEVELOPER,
1hy/:Ia�D1:`.`�
The DEVELOPER is constructing, or will construct, municipal infrastructure
improvement generally described as:
herein after referred to as the PROJECT, the DEVELOPER and CHUBBUCK
hereby agree to the following terms and conditions:
1) The DEVELOPER agrees to construct the PROJECT in accordance with the
latest edition of the Idaho Standards for Public Works Construction
(ISPWC) including CHUBBUCK's Supplementary Conditions, Standard
Revisions, Special Provisions, Approved Plans, Permit Requirements from
other Agencies, and other applicable design and construction standards.
2) For items such as construction staking, verification of payment to the
Contractor, change orders, and other non -construction quality related issues,
\\Becky\myfiles\CHUBBUCK\development agreement
the term ENGINEER, as used in the ISPWC, shall refer to the Engineer
hired by the DEVELOPER to design the project and/or provide construction
management services.
3) For issues related to construction quality, materials, testing, and acceptance
of work, the term ENGINEER, as used in the ISPWC, shall refer to the
Engineer/Inspector working for CHUBBUCK.
4) General contact and correspondence between DEVELOPER and
CHUBBUCK shall be through the Engineer working for CHUBBUCK
during design, and the Inspector working for CHUBBUCK during
construction.
5) For issues relating to payment to the Contractor, change orders, and other
non -construction quality related issues, the term OWNER, as used in the
ISPWC, shall refer to the DEVELOPER who has contracted for the work
with the Contractor.
6) For issues related to construction quality, materials, testing, and acceptance
of work, the term OWNER, as used in the ISPWC, shall refer to
CHUBBUCK.
7) The DEVELOPER agrees to dedicate all improvements of the PROJECT to
CHUBBUCK after completion and acceptance of the PROJECT by
CHUBBUCK.
8) The DEVELOPER agrees to warrantee all work associated with the
PROJECT for three years after completion and acceptance of the PROJECT
by CHUBBUCK as required by Chubbuck Municipal Code § 17.16.070.
DEVELOPER:
Name (print):
Address:
\\Becky\myfiles\CHUBBUCK\development agreement
Phone:
By: Date:
CITY OF CHUBBUCK:
By: Date:
\\Becky\myfiles\CHUBBUCK\development agreement
SUMMARY OF ORDINANCE NO. 553
An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho,
amending Section 16.12.300 of the Chubbuck Municipal Code to adopt the 2000 edition of the
Idaho Standards for Public Works Construction, making corrections to the source; amending
17.12.210 to require a plat to be submitted fourteen days before the council meeting; adding
Section 17.16.240 to require execution of a development agreement; amending Section
17.16.050 to clarify when development may take place prior to final plat approval and to provide
for the posting of a subdivision completion bond; providing for the repeal of conflicting
ordinances; providing that all other provisions of Chapters 16.12, 17.12 and 17.16 not amended
shall remain in full force and effect; providing for the severability of the provisions of this
ordinance; providing that this ordinance shall be in full force and effect after its passage,
approval and publication as allowed by law.
The full text of this ordinance is available at the City Clerk's Office, Chubbuck City
Offices, 5160 Yellowstone, Chubbuck, ID 83202.
I have reviewed the foregoing summary and believe it provides a true and correct
summary of Ordinance No. 553 and that the summary provides adequate notice to the public of
the contents of this ordinance.
DATED this 7,` day of February, 2002.
Tho as J. FVmes, City Attorney
SUMMARY OF ORDINANCE NO. 553 - Page 1
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