HomeMy WebLinkAbout2001-019 - Amendments to Title IV and V of the Municipal CodeBILL NO._~~L~;~ ~-~%" ORDINANCE NO. ~~'~ r.~
AN ORDINANCE AMENDING TITLES IV AND V OF THE MUNICIPAL CODE OF
THE CITY OF RIVERSIDE, MISSOURI, RELATING TO INSPECTION AND FINAL
ACCEPTANCE OF PUBLIC IMPROVEMENTS AND SUBDIVISIONS
WHEREAS, the City desires to establish consistent and uniform methods for inspecting
and approving public improvements and subdivisions.
WHEREAS, the City desires to provide and ensure a quality standard of living within its
neighborhoods and subdivisions.
WHEREAS, the City desires to ensure that all contractors and others doing work on
public improvements which will be dedicated to the City complete such work in a quality and
efficient manner, and provide that information needed to ensure the proper maintenance of such
improvements.
NOW, THEREFORE, BE IT ORDAINED, By the Board of Alderman of Riverside,
Missouri:
Section 1. The Municipal Code of the City of Riverside, Section 485.220(G), is hereby
amended and shall read as follows:
G. Acceptance of Dedication Offers; Maintenance Bonds. Acceptance of formal
offers of dedication of streets, easements, parks and improvements shall rest with
the Board of Aldermen. No such dedication of streets, easements, parks or
improvements shall be accepted by the City unless the dedicator or the contractor
who shall have constructed said street, easement, park or improvement shall
furnish and maintain a bond for a period of two (2) years which is deemed by the
City to be reasonably sufficient to secure the City against defects in workmanship
and materials related to the dedicated work and to ensure that such dedicator or
contractor will remedy any such defects occurring within such period. The
approval by the Planning Commission of a subdivision plat shall not be deemed to
constitute or imply the acceptance by the City of any street, easement, park or
improvement shown on said plat. The Planning Commission may require said
plat to be endorsed with appropriate notes to this effect.
Section 2. The Municipal Code of the City of Riverside, Section 485.230, is hereby
amended and shall read as follows:
SECTION 485.230: INSPECTION OF IMPROVEMENTS
A. General proced2n~e and lees. The Planning Commission shall provide for
inspection of required improvements during construction and insure their
satisfactory completion. The applicant shall pay to the City an inspection fee of
two percent (2%) of the amount of the performance bond or the estimated cost of
required improvements, and the subdivision plat shall not be signed unless such
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fee has been paid at the time of application. Said fees shall be due and payable
upon demand of the City and no building permits or certificates of occupancy
shall be issued until all fees are paid. If the Enforcement Officer finds upon
inspection, that any of the required improvements have not been constructed in
accordance with the City's construction standards and specifications, the applicant
shall be responsible for completing said improvements. Wherever the cost of
improvements is covered by a performance bond, the applicant and the bonding
company shall be severally and jointly liable for completing said improvements
according to specifications.
B. Release Or Rednclion of Performance Bond.
Certificate of satisfactory completion. The Board of Aldermen will not accept
dedication of required improvements, nor release nor reduce a performance
bond, until the Enforcement Officer has submitted a certificate stating that all
required improvements have been satisfactorily completed, and until the
applicant's engineer or surveyor has certified to the Enforcement Officer,
through submission of detailed "as-built" survey plat of the subdivision,
which as-built drawings shall indicate: (i) elevation of all sewer structures
including pipe inverts and structure top elevation; (ii) final adjusted stationing
of all sewer structures and water line valves, hydrants and blow-off
assemblies; (iii) final adjusted contours as featured in the grading plans and
emergency drainage plan; (iv) construction materials; and (v) other
information required by the Planning Commission or Enforcement Officer,
that the lay-out of the line and grade of all public improvements is in
accordance with the construction plans for the subdivision and that a title
insurance policy has been furnished to and approved by the City Attorney
indicating that the improvements shall have been completed, are ready for
dedication to the City and are free and clear of any and all liens and
encumbrances. Upon such approval and recommendation, the Board of
Aldermen shall thereafter accept the improvements for dedication in
accordance with the established procedure.
2. Redaction of performance bond. A performance bond shall be reduced upon
actual dedication of public improvements and then only to the ratio that the
public improvements dedicated bear to the total public improvements for the
plat. In no event shall a performance bond be reduced below twenty-five
percent (25%) of the principal amount.
Section 3. The Municipal Code of the City of Riverside, Section 510.010(C), is hereby
amended and shall read as follows:
C. No such street shall be accepted by the City for maintenance and repair by the
City as a public street unless the dedicator of such street or the contractor who
shall have constructed said street shall furnish and maintain a bond for a period of
two (2) years which bond is deemed by the City to be reasonably sufficient, and
which bond shall not be less than fifty percent (50%) of the total cost of the
construction, to secure the City against defects in workmanship and materials and
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to ensure the City that such dedicator or contractor will remedy any such defects
occurring within such period.
Section 4. The sections, paragraphs, clauses, and phrases of the Ordinance are severable
and if any portion of the Ordinance is declared unlawful by the valid judgement, decree, or
injunction order of a court of competent jurisdiction, such ruling shall not affect any of the
remaining phrases, clauses, sentences, paragraphs, and sections of the Ordinance and all
provisions of the Ordinance not specifically declared to be unlawful shall remain in full force
and effect.
Section ~. This Ordinance/shall take effect immediately.
Adopted and passed this day o`~ Fp1s~x-~y2001.
MAYOR OF E CITY OF RIVERSIDE
ATTEST
C Y CLERK
3 P.ACI,IP.NTS`,6149PV0000?\K0130U4_.UOC.
BILL NO. /i `i1 ORDINANCE NO. _u~~~/-'~`
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF
RIVERSIDE, ARTICLE II, CHAPTER 210, SECTION 210.265 RELATED TO THE
SAFETY OF CHILDREN
WHEREAS, the City has the duty of protecting the public health, safety and welfare and
desires to fairly and responsibly do so.
WHEREAS, the City desires to deter and punish those who cause danger, injury or
fatality to children by leaving them in vehicles unattended, and to further protect the health,
safety and well-being of the children.
WHEREAS, the City has the power to enact ordinances which will fairly protect and
serve the residents of the City.
NOW, THEREFORE, BF, IT ORDAINED by the Board of Aldermen of Riverside,
Missouri:
Section 1. The Municipal Code of the City of Riverside, Chapter 210.265 is hereby
amended and shall read as follows:
SECTION 210.265: LEAVING A CHILD liNATTENDED IN A MOTOR VEHICLE
A. As used in this section, the following terms mean:
"Collision," the act of a motor vehicle coming into contact with an object
or a person;
2. "hljury," physical harm fo the body of a person;
3. "Motor vehicle," any automobile, truck, truck-tractor, or any motor bus or
motor-propelled vehicle not exclusively operated or driven on fixed rails
or tracks;
4. "Unattended," not accompanied by an individual fourteen year of age or
older.
B. A person commits the offense of leaving a child unattended in a motor vehicle if:
Such person knowingly leaves a child ten years of age or less unattended
in a motor vehicle and such child injures or fatally injures another person
by causing a motor vehicle collision or by causing the motor vehicle to
injure or fatally injure a pedestrian.
2. Such person knowingly leaves as child ten years of age or less unattended
in a motor vehicle for a period in excess of fifteen (15j minutes.
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3. Such person knowingly leaves a child ten years of age or less unattended
for any period of time in. a motor vehicle which is running or in which the
keys are left in the ignition or in plain sight or view from outside the car.
4. Such person knowingly leaves a child ten years of age or less unattended
for any period of time where the health of the child is in danger or the
child is exposed to injury.
C. Any law enforcement officer who observes a child left unattended in a motor
vehicle in violation of Subsection B may use whatever means are reasonably
necessary to protect the minor child and to remove him or her from the vehicle. If
a law enforcement officer removes the child from a vehicle pursuant to this
section, such officer shall leave written notification on the vehicle of such
removal.
Note Under certain circums[ances this offense can be a felony under state law.
Section 2. The sections, paragraphs, clauses, and phrases of the Ordinance are
severable and if any portion of the Ordinance is declared unlawful by the valid judgment, decree,
or injunction order of a court of competent jurisdiction, such ruling shall not affect any of the
remaining phrases, clauses, sentences, paragraphs, and sections of the Ordinance and all
provisions of the Ordinance not specifically declared to be unlawful shall remain in full force
and effect.
Section 3. "Phis ordinance shall take effect immediately.
Adopted and passed this~~ay of 2001.
ATTE
CIT CLERK
//-uh_ e lv
MAYOR OF E CITY OF RIVERSIDE
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