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Resolution No. 86-120 ! 3. Z CITY OF TIGARD, OREGON RESOLUTION NO. 86- / A RESOLUTION DELEGATING AUTHORITY WITH RESPECT TO CERTAIN PUBLIC IMPROVEMENT CONSTRUCTION AGREEMENTS/PERMITS AND RELATED PERFORMANCE AND MAINTENANCE ASSURANCE AGREEMENTS. WHEREAS, the Tigard City Council previously established that specific Agreement and Permit requirements be met prior to issuance Of ••-ertain public improvement plans, prior to approval of final plats and prior to acceptance of related public improvements, said requirements having been set forth in Chapter, 18 of the Tigard Municipal Code; and WHEREAS, the Tigard City Council has concluded that it is in the best interest of all affected parties that streamlining of the aforesaid Agreement and Permit requirement process is necessary, it being a goal of the Council to improve the City's administrative process; and WHEREAS, the Tigard City Council has authority to delegate responsibility to facilitate conduct of its municipal affairs, reserving unto itself authority to intervene in, modify, or revoke such at any time; NOW, THEREFORE, 6E IT RESOLVED by the Tigard City Council that: Section 1: The Director of Community Development or the City Engineer be and are hereby authorized and directed to assume the Council's usual authority and responsibility in entering into, administering, and terminating Public Improvement Construction Agreements/Permits and related Performance and Maintenance Assurance Agreements relevant to Chapter 18 of the Tigard Municipal Code. Section 2: The Tigard City Council, reserves unto itself authority to intervene in, modify, or resolve such authorization and direction at any time it so deems it to be necessary. Section 3: The Tigard City Council reserves unto itself authority to make final determination of the acceptability of newly constructed public improvements, for the purpose of operation and maintenance thereof- by the City. PASSED: This �_� day of c 1986. Ma r City of Tigard ATTEST: /"J 4 cting City Recorder - City of Tigard mj32 RESOLUTION NO. 86- I RCD Page 1 18.160.160--18.160.170 reference to some corner established by the U.S. survey or AV giving two or more objects for identifying its location. (Ord. 83-52 Exhibit A(part) , 1983) . 18.160.160 Monumentation, basis of bearing require- ments and acce tance o£ im rovements. (a) Monumentataon. 1 In accordance with Oregon Revised Statutes 92.060, subsection (2) , the centerlines of all street and roadway rights-of-way shall be monumented before the city accepts a street improvement. (2) All centerline monuments shall be placed in a monument box conforming to city standards, and the top of all monument boxes shall be set at design finish grade of the street or roadway. (3) The following centerline monuments shall be set: (A) All centerline-centerline intersections. Intersections created with collector or other existing streets shall be set when the centerline alignment of the collector or other street has been established by or for the city; (B) Center of all culs-de-sac; (C) Curve points. Point of intersection (P.I.) when their position falls inside the limits of the pavement otherwise beginning and ending points (B.C. and' E.C.) (b) Basis of Bearing. (1) The plat shall be tied to a city of Tigard primary or secondary control station if one exists within one thousand feet of the plat and the bearings oriented thereon. (2) Tigard grid coordinates for all established boundary points on the plat shall be submitted to the city within fifteen days of recording. (Ord. 83-52 Exhibit A (part) , 1983) . 18 .160.170 Improvement agreement. Before commis- sion approval is certified on the Final plat, and before approved construction plans are issued by the city, the sub- divider shall: (1) Execute and file an agreement with the city council specifying the period within which all required im- provements and repairs shall be completed; and (2) Include in the agreement provisions that if such work is not completed within the period specified, the city may complete the work and recover the full cost and expenses from the subdivider. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. (Ord. 83-52 Exhibit A(part) , 1983) . 314-142 (Tigard 4/84)' 18.160.180--18.160.210 18.160.180 Bond--Cash deposit. 10 As required by Section ].8.160.170, the subdivider shall file with the agreement an assurance of performance supported by one of the following: (1) An irrevocable letter of credit executed by a financial institution authorized to transact business in the state of Oregon; (2) A surety bond executed by a surety company authorized to transact businessin the state of Oregon which remains in force until the surety company is notified by the city in writing that it may be terminated; or (3) Cash. ( ) The assurance of performance shall be for a sum determined by the city engineer as required to cover the cost of the improvements and repairs, including related engineering and incidental expenses. ( The subdivider shall furnish to the city engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the city engineer in calculating the amount of the performance assurance. (6:1 In the event the subdivider fails to carry out all provisions of the agreement and the city has unreimbursed costs or expenses resulting from such failure, the city shall call on the bond, cash deposit or letter of credit for reim- bursement. The subdivider shall not cause termination of nor allow expiration of the guarantee without having first secured written authorization from the city. (Ord. 83-52 Exhibit- A(part) , xhibitA(part) , 1983) . 18.160.190 Filing and recording. (a) within sixty days of the city review and approval, the applicant shall submit the final plat to the county for. signatures of county officials as required by Oregon Revised Statutes Chapter 92, and Section 18.160-150- (b) Upon final recording with the county, the applicant shall submit to the city a mylar copy of the recorded final plat. (Ord. 83-52 Exhibit A(part) , 1983) _ 4,. 18.160.200 Prerequisites to recording the plat. (a) No plat shall be recorded unless all ad valorem taxes and all special assessments, fees or other charges required by law to be placed on the tax roll have been paid in the manner pro- vided by Oregon Revised statutes 92.095. (b) No plat shall be recorded until it is approved by the county surveyor in the manner provided by Oregon Revised Statutes 92.100. (Ord. 83-52 Exhibit A(part) , 1983) . 18.160.210 Vacation ofplats. (a) Any plat or portion thereof may be vacated by the owner of the platted area at 314-143 (Tigard 4/84) 18.164.130---18.164.170 Public works director for review and approval. (2) Care shall be taken in all cases to ensure that aboveground equipment does not obstruct vision clearance areas for vehicular traffic. (Ord. 83-52 Exhibit A(part) , 1983) . 18.164.130 Cash or bond required. (a) All improvements installed by the subdivider shall be guaranteed as to workman- ship and material for a period of one year following acceptance by the city council. (b) Such guarantee shall be secured-by---Bash-deposit or- --bond- in the amount of the value of the improvements as set by the public works director. (c) The cash or bond shall comply with the terms and conditions of Section 18.160.180. (Ord, 83-52 Exhibit A(part) , 1983) , 18.164.140 Monuments. Any monuments that are disturbed before all improvements are completed by the subdivider shall be replaced prior to final acceptance of the improvements. (Ord. 83-52. Exhibit A(part) , 1983) . 18.164.150Installation--Prerequisite--permit fee. (a) No3aiftS-r}r3ss-ion improvements, including sanitary sewers; - storm sewers, streets, sidewalks, curbs, lighting or other requirements, shall be undertaken except after the plans there- for have been approved by the city, permit fee paid and permit issued. (b) The permit fee is required to defray in whole or in part the costz and expenses incurred by the city for-construe-_t: . #_son and 6:Fi services in connection with the improvement, and such fee shall be a sum equal to four percent of the estimated cost of -such-subd`vision--improvement. (Ord. 83-52 Exhibit A(parz) , 1963) . A\,c s . 18.164.160 Installation--Conformation required. (a) In addition to other requirements, improvemants a.nstalled by the land divider, either as a requirement of these regulations or at his own option, shall conform to the requirements of this chapter and to improvement standards and specifications followed by the city. (b) The Standard Specifications f or Public Works Con- struction--Oregon Chapter A.P.W.A„ and Unified Sewerage Agency Resolution and Order No. 71-9, shall be a part of the city's adopted installation standard(s) ; other standards may also be required upon recommendation of the city engineer. (Ord. 83-52 Exhibit A(part) , 1984) , 18.164.170 Plan checking required. (a) Work shall not begin untsl nine sets of construction and construction 314-164 (Tigard 4/84)