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HomeMy WebLinkAbout1461 - ADMIN Ordinance - City Council - 1980/03/03t 1- 1 ORDINANCE N0. 1461 - MARCH 3, 1980 8b. AN ORDINANJCE RELATED- TO SUBDIVISIONS AMENDING THE ST. LOUIS PARK ORDINANCE CODE THE CITY COUNCIL OF ST. LOUIS PARK DOES ORDAIN: Sec. 1. The St. Louis Park Ordinance Code, Sections 14,303(3)(e)(ii) and 14-309(2)(c)(f), is amended to read: March, 1980 (1) An opinion of the City Attorney certifying that the plat has been properly executed by the owners and any encumbrancers of the property described therein, and is in proper legal form to accomplish subdivision of the land and dedication of all public streets and other ways, and any easements, parks or areas otherwise dedicated to the City; ' (ii) A certificate by the City Engineer that the improvements required to be furnished by the subdivider under this ordinance have been completed as required; or if the City Council has provided for deposit by the subdivider of the estimated cost of said improvements, receipt by the City Treasurer certifying to the deposit of the sum required by the Council; or, if the Council has provided for furnishing said improvements by the subdivider at his expense, of an executed copy of contract approved by the City Attorney providing for the furnishing of such improvements, a certificate of the City Engineer specifying which improvements required to be furnished by the subdivider under this ordi- nance have been completed as required and speci- fying the estimated total cost of the improvements remaining to be furnished and/or approved under the contract, and a performance bond or other security required by said contract with approval thereof by the City Attorney in an amount equal to the City Engineer's estimate of the total cost of the improvements remaining to be furnished and/ or approved under the contract; and (Sec. 14-303(3)(e)(ii) amended by Ord. 1461, March 3, 1980) (iii) Any other document which may have been required by the City Council as a prerequisite to approval. The clerk shall enter the date of delivery of the plat to the subdivider as the date of his certi- ficate of approval on the plat. 683 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 prior to certification of the plat by the City Clerk as provided for in Section 14-303(3)(e), in a penal amount equal to the City Engineer's estimate of the total cost of the improvements remaining to be furnished or accepted by the City under the contract at the time of certification by the City Clerk. In lieu of the performance bond required by this sub- division, 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. March, 1930 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 Ord. 1454, October 15, 1979) (Sec. 14-309 (2)(c), amended by Ord. 1461, March 3, 1980) (d) In lieu of furnishing and installing said improvements as above described, the subdivider may petition the City Council to provide furnishing and constructing the improve- ments, provided the subdivider shall deposit with the City Treasurer a sum equal to 65 percent 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. 700 (f) In the event that all of the work required to be done by the subdivider except planting street trees and boulevard sodding shall be completed, and the subdivider shall desire the release of the public contractor's bond or other security filed under subdivision (c) above and the substi- tution of a cash bond for the street trees and boulevard sodding, the subdivider may file a request for acceptance of the completed work by the City Council and for the substitution of a cash bond for the corporate surety public contrac- tor's bond, or other security filed under subdivision (c) above, together with an executed cash bond and the deposit with the City of the proper amount in the form of cash, certified check or cashier's check. Such cash bond shall be in substantially the fol- lowing form: (Sec. 14-309(2) (f) amended by Ord. 1461, March 3, 1980). BOND FOR CASH DEPOSIT KNOW ALL MEN BY THESE PRESENTS, that ( ) hereinafter call principal, hereby acknowledge and recognize such principal and the hereinafter described deposit to be held and firmly bound to THE CITY OF ST. LOUIS PARK, State of Minnesota, obligee, in the sum of ( ) lawful money of the United States to be paid to said obligee and deposited with the City Treasurer thereof or its use and the use of all persons and corporations doing work or furniiing skill, tools, machinery, materials, insurance, equipment or supplies for any camp maintained for the keeping of men and animals engaged under, or for the purpose of, the contract hereinafter referred to and described, their heirs, legal representatives, successors and assigns, for which payment well and truly to be made from said deposit we bind ourselves, our respective successors, assigns, heirs and legal representatives jointly and severally, firmly by these presents: THE CONDITIONS OF THIS OBLIGATION ARE SUCH: That whereas said principal has entered into a contract with said obligee under date of ( ) for furnishing certain improvements as a condition to acceptance of subdivision plat for ( Name of Plat by said obligee pursuant to the platting ordinance of the said City of St. Louis Park and proceedings held thereunder. NOW THEREFORE, if said principal shall perform and complete said contract according to its terms; shall pay, as they become due, all March, 1980 701 Sec. 2. This ordinance shall take effect 15 days after its publication. Adopted by the City Council March 3, 1980. v / /2evie -"d for amini (ration: Ap Dov d as to fo and legality: ity Manager,%fr City Attorney / 0 SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. LOUIS PARK SUN 924 Excelsior Avenue West Hopkins, Minnnesot State of Minnesota County of Hennepin DON R LARSON, being duly sworn, on oath says he is and during all times here stated has been the president and printer of the newspaper known as 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 every 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 municipalities which it purports td 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 econd 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 Hopkins 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 of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regulai business hours to the business of the newspaper and business related thereto (6) Said newspaper files e copy of each issue immediately with the State Historical Society (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporatec association requesting the newspaper and making the applicable payment (8) Said newspaper ha. complied with all foregoing conditions for at least one year preceding the day or dates of publicatior mentioned below (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter and affidavit in the form prescribed by the Secretary of State ant signed by the managing officer of said newspaper and sworn to before a notary public stating that thi newspaper is a legal newspaper He further states on oath that the printed Orr? irt,flCP MO- 14A1 hereto attached as a part hereof was cut from the columns of said newspaper, and was printe and published therein in the English language, once each week, for 011esuccessive weeks that it was first so published on Wed the 12 day of March 19 80 and was thereafter printed and published on every to and includin the day of 19 and that the following is a printed cop of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size an kind of type used in the composition and publication of said notice, to wit abcdefghiy klmnopgrstu vwxyz Subscribed and sworn to before me this 12 /L`'1. L/- A / MERIDEL M. HEDBLOM NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My commission expires July 2, 1986 March 80 day of 19 (Official Publication) ORDINANCE NO 1461 AN - ORDINANCE RELATED TO SUBDIVISIONS AMENDING THE ST LOUIS PARK ORDINANCE CODE , THE CITY COUNCIL OF ST LOUIS PARK DOES ORDAIN Se 1 The St Louis Park Ordinance Code, Sections 14,303(3)(e)(11) and 14-309(2) (c) (1), Is amended to read Section 14-303(3)(e) (11) A certificate by the City En- gineer that the improvements re- quired to be furnished by the subdivider under this ordinance have been completed as re- quired, or if the City Council has provided for deposit by the sub- divider of the estimated cost of said improvements, receipt by the City Treasurer certifying to the deposit of the sum required by the Council, or, if the Council has provided for furnishing said improvements by the subdivider at his expense, of an executed copy of contract approved by the City Attorney providing for the furnishing of such improve- ments, acertificate of the City Engineer specifying which im- provements required to be furnished by the subdivider un- der thi9, ordinance have been completed as required and speci- fying the estimated total cost of the improvements remaining to be furnished and/or approved un- 1 der the contract, and a per- formance bond or other security required by said contract with approval thereof, by the City At- torney in an amount equal to the City Engineer's estimate of the total cost ,of the improvements remaining to be furnished and/or approved under the contract, and (Sec 14-303(3)(e)(11) amended by Ord 1461, March 3, 1980) 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 im- provements at his sole cost and in accordance with plans and spe- cifications ,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 contact with any other work being done or contracted by the City in the vicinity The agree- ment shall require'the subdivider to furnish a public contractor's performances bend in form re- quired by law,and approved by the City Attdrgey prior to certification of the plat by the City Clerk as provided for in Section 14-303(3T(e) in a penal amount equal to the City Engi neer s estimate of the total cost of the improvements remaining to be furnished or accepted by the City under the contract at the time of certification by the City Clerk In lieu _of the performance bond required by this sub- division, 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 by the City Council upon recommenda- tion of the City Engineer after consultation with the subdivider and shall be reasonable in rela- tion to the work to be done, the seasons of the year, and proper correlation with construction ac- tivities in the subdivision (Sec 14-309 (2)(c), amended by Ord 1454, October 15, 1979) (Sec 14-309 (2)(c), emended by Ord 1461, March 3, 1980), i (f) In the event that all of the work required to be'done by the subdivider except planting street trees and boulevard sodding shall be completed, nil the subdivider SEMI ,deslreethe release of the gittblle eontrsfiska's"BondJlr other security filed under subdivi§ion tion of , I, i'S�i- trees and boulevard sodding, the sub- divider may {ilera tequest for-, acceptancqG��,,Y�E'•the completed work by thAi(iity Council and for the substitution of a cash bond for the corporate surety public con- tractor s bond: or,other security filed under subdivision (c) above, together with an -executed cash bond and the deposit'with the City of the proper amount in the form of cash, certified check or cashier s check Such cash bond shall be in substantially the fol- lowing form (See 14-309(2)(r) amended by Ord 1461, March'3, 1980) Sec 2 This ordinance shall take effect 15 days after its publication Adopted by the City Council March 3, 1980 (s) PHYLLIS W MCQUAID Mayor Attest (s) EARL E HANSON' City Clerk Reviewed for administration (s) JOHN W ELWELL City Manager Approved as to form and legality (s) WAYNE G POPHAM City Attorney (March 12, 1980) ;SLP