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0553 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. Ordinance - Page 1 chubbuck02.15c 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. Ordinance - Page 2 chubbuck02.15c 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 Ordinance - Page 3 chubbuck02.15c 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 chubbuck02.15d