Ordinances-2006-283

CITY OF TIFFIN ORDINANCE NO. 2006- 283 AN ORDINANCE AMENDING ORDINANCE NO. 1998- 218 ( SUBDIVISION ORDINANCE) OF THE MUNICIPAL CODE OF TIFFIN, IOWA, REGARDING THE POSTING PERFORMANCE SECURITY BE IT ENACTED BY THE CITY COUNCIL OF TIFFIN, IOWA: Section 1. Purpose. The purpose of this ordinance is to amend Ordinance No. 1998- 218, of the Municipal Code of Tiffin, Iowa, to govern the posting of security for performance on final plats. Section 2. Amendment. City of Tiffin Ordinance No. 1998- 218, Section 5. 12 Performance Bond Required is deleted and the following section inserted in lieu thereof: 5. 12 PERFORMANCE SE CURI TY PERMITTED In lieu of the requirement that improvements be completed prior to the approval of a final plat, the subdivider may post a performance bond satisfactory to the City guaranteeing that improvements not completed will be completed within a period of two years from the date of approval of the final plat. However, the Council may, by written agreement with the subdivider, agree to a longer period for completion of the improvements. The City may, at its sole discretion, accept alternative sureties to performance bonds to insure the installation of the improvements necessary for completion of the subdivision. Approval of the plat does not constitute final acceptance of any improvements to be constructed. Improvements will be accepted only after completion and testing. Section 3. Penalty Provision. The city may elect, at its sole discretion, to prosecution any violation either as simple misdemeanor or a municipal infraction. Section 4. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Severability. If any section, provision, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole, or any section, provision, or part thereof not adjudged invalid or unconstitutional. Section 6. Effective Date. This ordinance shall be in effect after its final passage, approval, and posting as provided by law. On the 8t Petersen of November 2006, at a regular meetin_g of the Tiffin City Council, Tiffin, Iowa., Councilperson introduced Ordinance No. 2 U 0 6— 283 and moved that it be given its first reading. The motion was seconded by Councilperson Wright . Ayes: Wright, Demuthy Petersen, Dils and Bartels Nays: None Fi' mbers of the council being present and having voted " Aye", Mayor Glen R. Potter declared the motion carried, and Ordinance No. 2 0 0 6— 2 8 3 was read the first time and discussed and placed on record. Page 1 of 2 S:\ C7ients\ Cities\ Tiffin\ ORDINANCIES\ SUBDIVISION ORDINANCE\ Amend 5. 12 Performance bonds to allow ltr credit 10. 11. 06.doc last printed 10/ 11/ 2006 4: 50: 00 PM kd