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Home My WebLink About1454 - ADMIN Ordinance - City Council - 1979/10/15\7 1 October 15, 1979 8b ORDINANCE NO. 1454 AN ORDINANCE RELATING TO ZONING; AMENDING THE ST. LOUIS PARK ORDINANCE CODE, SECTION 14-309(2)(c), PERTAINING TO SUBDIVIDER'S RESPONSIBILITY THE CITY OF ST. LOUIS PARK DOES ORDAIN: Sec. 1. The St. Louis Park Ordinance Code, Section 14-309(2)(c), is amended to read: Section 14-309.(2) (c) In lieu of constructing and furnishing said improvements listed in subdivision (b) above prior to acceptance of the plat, the subdivider may enter into a contract in writing with the City, requiring the subdivider to furnish and construct said improvements at his sole cost and in accordance with plans and specifications and usual contract conditions all approved by the City Council, which shall include the provisions for supervision of details of construction by the City Engineer, and grant to the City Engineer authority to correlate the work to be done under said contract with any other work being done or contracted by the City in the vicinity. The agreement shall require the subdivider to furnish a public contractor's performance bond in form required by law and approved by the City Attorney, in a penal amount equal to the City Engineer's estimate of the total cost of the improvements to be furnished under the contract. In lieu of the performance bond required by this subdivision, the City Council may accept an undertaking in writing, approved as to form by the City Attorney, by a corporate surety or bank to secure the subdivider's obliga- tion. The time for completion of the work shall be determined by the City Council upon recommendation of the City Engineer after consultation with the subdivider and shall be reasonable in relation to the work to be done, the seasons of the year, and proper correlation with construction activities in the subdivision. (Sec. 14-309 (2) (c), Amended by Ordinance 1454, October 15, 197 (d) In lieu of furnishing and installing said improvements as above the subdivider may petition the City Council to provide furnishing and constructing the improvements, provided the subdivider shall deposit with the City Treasurer a sum equal to 65% of the estimated cost as determined by the City Engineer of the improvements listed in subsection (1)(a) of this section. (e) In lieu of the cash deposit required by subdivision (d), the City Council may accept an undertaking in writing, approved as to form by the City Attorney, executed by the subdivider and a corporate surety as surety, to pay the whole cost thereof, as estimated by the City Engineer, of the improvements to be paid for by the subdivider under this subdivision, said undertaking to provide for payment by the subdivider of sums as due from time to time for cost of said improvements as the same are under construction. October 16, 1979 700 1 Sec. 2. This ordinance shall take effect fifteen days after its publication. Adopted by the City Council October 15, 1979. Approved as to form and legality: City A torney 0 SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. LOUISPARKSUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota County of Hennepin j ss. J R RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known at The St Louis Park Sun and has full knowledge of the facts herein stated as follows (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches (2) Said newspaper is a weekly and is distributed at least once each week (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office (5) Said newspaper purports to serve the City of St Louis Park, Golden Valley School District No 275 and Robbinsdale School District No 281 in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the news- paper and business related thereto (6) Said newspaper files a copy of each issue immediately with the State Historical Society (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper He further states on oath that the printers Ordinance No., 1 454 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for Ocie successive weeks, that it was first so published on teed the 24 day of October , 19 79 and was thereafter printed and published on every to and including the day of 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice. to -wit abcdefghgkimnopgrstuvwxyz Subscribed and sworn to before me Mc 24 day of October , 19 .19 ( Notarial Seal) MERIDEL M. HEDBLOM NOTARY PUBLIC -MINNESOTA HENNEPIN COUNTY My commission expires July 2, 1986 (Official Publication) ORDINANCE NO 1454 AN ORDINANCE RELATING TO ZONING, AMENDING THE ST LOUIS PARK ORDINANCE CODE, SECTION 14-309(2)(c), PER- TAINING TO SUBDIVIDER'S SE- SPONSIBILITY THE CITY OF ST LOUIS PARK DOES ORDAIN Section 1 The St Louis Park Or- dinance Code, Section 14-309(2) (c), is amended to read Section 14-309 (2) (c) In lieu of constructing and furnishing said improvements listed in subdivision (b) above prior to ac- ceptance of the plat, the subdivider may enter into a contract -in writing with the City, requiring the sub- divider to furnish and construct said improvements at his sole cost and in accordance with plans and specif- ications and usual contract conditions all approved -Ay the- City Council, which shall include the provisions for supervision o ;details of construction by the City Edgineer, aQd grant to the City Engineer authoritk to correlate the work to be done under said con- tract with any other work being done or contracted by the City in the vicini- ty The agreement shall require the subdivider to furnish a public con- tractor's performance bond in form required byelaw and approved by the City Attorney, in a penal amount equal to the City Engineer's estimate of the total'cost of the improvements to be furnished under the contract In lieu of the performance bond re- quired by',this subdivision, the City Council may accept an undertaking in writing, approved as to form by the City Attorney, by a corporate surety or bank to secure the subdivider's obligation The time for completion of the work shall be determined bylthe City Coun- cil upon recommendation of the City Engineer after consultation with the subdivider and shall be reasonable in relation to the work to be done, the seasons of the' year, and proper cor- relation with construction activities in the subdivision (Sec 14-309) (2) (c), Amended by Ordinance 1454, October 15, 1979) Section 2 This ordinance shall take effect fifteen days -after its publica- tion Adopted by the City Council October 15, 1979 nn (S) FRANK J HOWARD Mayor Attest (S) EARL E HANSON City Clerk Reviewed for adminis- tration (S) JOHN W ELWELL City Manager Approved as to form and legality (S) WAYNE G POPHAM City Attorney (Oct 24, 1979) -SLP . File ..No Affidavit of Publication Si LOUISPARK SUN St. Louis Park, Minnesota In The Matter Of ii 1