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HomeMy Public PortalAboutOrdinances-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 All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.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 of November 2006, at a regular meetin_g of the Tiffin City Council, Tiffin,Iowa., Councilperson Petersen 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 #2006-283 Thereupon, it was moved by Councilperson Di ls and•`seconded by Councilperson Wright that the laws and rules providing that ordinances be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally passed be suspended and dispensed with and that Ordinance No.2 0 0 6—2 8 3 be placed on its last reading. Ayes: Wright, Petersen, Dils, Demuth and Bartels Nays: None Five members of the council being present and having voted "Aye",Mayor Glen R.Potter declared the motion carried, and Ordinance No. 2006—2 8 3was then placed on its last reading and was read the last time. P Dils �heeuvoon, it was moved by Councilperson and seconded by Councilperson that Ordinance No.2006-283 be placed upon its final passage and adopted. Petersen, Demuth, Dils, Bartels and Wright Ayes: Nays: None Fivemembers of the council being present and having voted"Aye",Mayor Glen R.Potter declared the motion carried, and the ordinance was passed and adopted. Whereupon the mayor declared that Ordinance No. 20 0 6-283 be adopted and signified his approval of same by fixing his signature thereto. Passed by the council on the 8th day of November 2006 and approved by the mayor on the 8th day of November 2006. GLEN R.POTTER,Mayor TIEST: tiT�1i' B.REIFi�IA T,CityCerk I,Clerk of the City of Tiffin,Iowa,state that an ordinanceentitled: and known as No. 2006-283 was duly passed by the council on the 8 t l day of November 2006, and signed by the mayor on the 9th day of November 2006, and published on the 17th day of November 2006,by posting copies thereof in three public places within the limits of the City of Tiffin,Iowa. That I posted copies of Ordinance No. 2006-283 0 0 6—2 8 3 in the following places: Morgan's Service On the Go Convenience Store Solon State Bank of Tiffin MAR ARE B.REI i , Clerk Page 2 of 2 S:\Cients\Cities\Tiffin\ORDINANCES\SUBDIVISION ORDINANCE\Amend 5.12 Performance bonds to allow hr credit 10.11.06.doc Last printed 10/11/2006 4:50:00 PM - kd