Chapter 16.16
SUPPLEMENTAL IMPROVEMENTS
Sections:
16.16.010 Supplemental improvements required.
16.16.020 Reimbursement agreement—Funding procedures.
16.16.030 Drainage, sewage, bridges and major thoroughfares.
16.16.040 Improvement security—Required.
16.16.050 Improvement security—Amount.
16.16.060 Special assessment proceeding reduction.
16.16.010 Supplemental improvements required.
The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map, and thereafter to dedicate such improvements to the public. However, the subdivider shall be reimbursed for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements, pursuant to the provisions of the Subdivision Map Act. (Prior code § 8-3.501)
16.16.020 Reimbursement agreement—Funding procedures.
No charge, area of benefit or local benefit district shall be established unless and until a public hearing is held thereon by the city council and the city council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof.
Written notice of the hearing shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment role, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by the city clerk at least ten (10) days prior to the date established for hearing. (Editorially amended during 2003 codification; Ord. 2003-04 § 20; prior code § 8-3.502)
16.16.030 Drainage, sewage, bridges and major thoroughfares.
If the city has adopted a local drainage or sanitary sewer plan or map as required for the imposition of fees therefor, or has established an area of benefit for bridges or major thoroughfares as provided in this chapter, the city may impose a reasonable charge on property within the area benefited and may provide for the collection of such charge as set forth in this chapter. The city may enter into reimbursement agreements with a subdivider who constructs the facilities, bridges or thoroughfares and the charges collected by the city therefor may be utilized to reimburse the subdivider as set forth in this title. (Prior code § 8-3.503)
16.16.040 Improvement security—Required.
Whenever this chapter or any section of the Winters Municipal Code requires the furnishing of security in connection with the performance of any act or agreement, unless otherwise exempted or limited by state law, the security required (including that under the improvement agreement or contract referred to in Section 16.16.010) shall be one of the following at the option of and subject to the approval of the city of Winters:
A. A deposit either with the city or a responsible escrow agent or trust company selected by the city of cash or negotiable bonds of the kind approved for securing deposits of its public moneys;
B. An irrevocable instrument of credit from one or more responsible financial institutions regulated by federal or state government and pledging that the funds are on deposit and guaranteed for payment on demand by the city; or
C. Only upon a showing of good cause why security in the form of subsection A or B above has not been provided, a bond by one or more duly authorized corporate sureties substantially in the form prescribed by the Subdivision Map Act. (Ord. 2006-01 § 2; prior code § 8-3.504)
16.16.050 Improvement security—Amount.
A. The improvement security shall be provided in the amount of:
1. One hundred (100) percent of the total estimated cost of the improvement or act to be performed conditioned upon the faithful performance of the act or agreement;
2. Fifty (50) percent of the total estimated cost of the improvement or act to be performed securing payment to the contractor, to the subcontractors and to persons furnishing labor, materials, or equipment to them for the improvement or the performance of the required act; and
3. The amount determined by the city council necessary for the guarantee and warranty of the work for a period of one year following completion and acceptance thereof against any defective work or labor done, or defective materials furnished.
B. As a part of the obligation guaranteed by the security and in addition to the face amount of the security, an additional amount shall be included as determined by the city council as necessary to cover the cost and reasonable expenses and fees, including reasonable attorneys’ fees, which may be incurred by the city in successfully enforcing the obligations secured.
C. The improvement security shall also secure the faithful performance of any changes or alterations in the work to the extent that such changes or alterations do not exceed ten (10) percent of the original estimated cost of the improvement. (Ord. 85-01 § 1: prior code § 8-3.505)
16.16.060 Special assessment proceeding reduction.
In the event the required subdivision improvements are financed and installed pursuant to special assessment proceedings, the subdivider may apply to the city council for a reduction in the amount of the improvement security required under this chapter up to an amount corresponding to the amount of faithful performance and labor and material bonds required by the special assessment act being used. The city council may grant such reduction if it finds that such bonds have been in fact provided and that the obligations secured thereby are substantially equivalent to that required by this title. (Prior code § 8-3.506)
16.16.070 Release.
The improvement security required under this title shall be released in the following manner:
A. Security given for faithful performance of any act or agreement shall be released upon the final completion and acceptance of the act or work.
B. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment, shall, six months after the completion and acceptance of the act or work, be reduced to an amount equal to the amount of all claims filed therefor and of which notice has been given to the council, plus an amount reasonably determined by the city council to be required to assure the performance of any other obligations secured thereby. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.
No security given for the guaranty or warranty of work shall be released until the expiration of the period thereof. (Prior code § 8-3.507)
16.16.080 Forfeiture.
Upon the failure of the subdivider to complete any improvement, acts or obligations within the time specified, the city council may, upon notice in writing of not less than ten (10) days served upon the person responsible for the performance thereof or upon notice in writing of not less than twenty (20) days, served by registered mail addressed to the last known address of such person determine that the subdivider is in default and may cause the improvement security or such portion thereof as is necessary to complete the work or act and any other obligations of the subdivider secured thereby to be forfeited to the city. (Prior code § 8-3.508)