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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 J VCLIL- N"r5~61 d93V uinl2~KO l 80u~1IU)C' 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 2 J'. ACLIENTS`,(1493`,0000?` K01300~3_DOC' 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. J.'.CLIGNTS~GIl9700002`,RP132051 DOC i J:'.CIJ[~:N CSC I ~lo_T 0000' K0132051 DOC 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 P.CLIBNTS~61 -092'0000? k 01 A?OS I _DOC 7 1: LI.IBN"CS,G I J92`00002~K01 H?O51 DOC