Ordinance No. 99-1754

An Ordinance to Amend the Drainage Ordinance Regarding Financial Guarantees

WHEREAS, the City of Plymouth's Drainage Ordinance requires developers to post on behalf of landowners financial guarantees to guarantee that drainage work will be completed pursuant tot he approved drainage plans previously submitted by the developer; and,

WHEREAS, experience has now taught that certain aspects of financial guarantees become stale and perhaps even uncollectable after the passage of considerable length of time when projects are not completed in a timely fashion; and,

WHEREAS, it is prudent to amend the Drainage Ordinance to eliminate what can only be best described as "loop holes".

NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Plymouth, Indiana, as follows:

Section 1. Section V entitled "Financial Guarantees" shall be amended by inserting the following which shall be controlling:

Section V

B(4) Run until and terminate one year after the filing of a completion affidavit with the Plymouth City Office. A blank form of completion Affidavit may be obtained from the Plymouth City Office.

C: In lieu of filing a performance bond as outlined above, the land owner may deposit cash, or tender a certified check made payable to the City of Plymouth, or post an irrevocable line of credit payable solely to the City of Plymouth in a monetary amount as established above. The City shall deposit the cash or certified check in the Financial Guarantee Fund. The amount so deposited shall not accrue interest, all pursuant to Ordinance No. 99-1753

Final construction of the drainage improvements in accordance with the approved drainage plan shall be completed within nine (9) months of the date when the building permit was issued. Accordingly, the Completion Affidavit shall be filed with the City Office within said nine month period as established by the date of the issuance of the building permit. Extension of time may be granted by the Board of Public Works & Safety on a case-by-case basis.

City officials (or employees) shall review the landowner's drainage plan for no charge. If changes are required in the drainage plan, City officials (or employees) shall again review the revised drainage plan for no charge. However, for the third review, and every review thereafter there shall be a charge imposed of One Hundred Dollars ($100.00) which shall be paid from the financial guarantee deposited by the landowner. Furthermore, City officials, after completion of the drainage improvements, shall verify by field examination that the improvements are in accordance with the approved drainage plans. If the improvements do not comply with the approved drainage plans and a second field verification is necessary, then the landowner shall be charged the sum of Two Hundred Dollars ($200.00) for each field verification that is required beginning with the second field verification and $200.00 for each verification thereafter.

If drainage improvements are not constructed in accordance with the approved plan, or if said improvements are not constructed and completed by the nine month deadline, the City shall be authorized to use the funds so deposited in the Financial Guarantee Fund to complete the drainage improvements. Simultaneously with issuing the building permit, the landowner shall execute an agreement with the City authorizing the City, or its contractors to go upon the landowner's real estate to complete the drainage improvements.

Failure to file a Completion Affidavit within the nine month deadline as established above, or any extensions granted by the Board of Public Works & Safety, or failure to complete the drainage improvements in accordance with the approved drainage plan within the deadline specified above shall be a violation of this ordinance and the landowner shall be subject to a fine of up to Two Thousand Five Hundred Dollars ($2,500.00) per day for each day beyond the deadline so established.

Section 2. In all other respects, of Ordinance No. 97-1690 shall remain in full force and effect.

PASSED AND ADOPTED by the Common Council of the City of Plymouth, Indiana, on the 25th day of October, 1999.

   Jack B. Greenlee, Presiding Officer

ATTEST:

   Toni L. Hutchings, Clerk-Treasurer

Presented by me to the Mayor of the City of Plymouth, Indiana, this 25th day of October, 1999.

   Toni L. Hutchings, Clerk-Treasurer

APPROVED and signed by me this 25th day of October, 1999.

   Jack B. Greenlee, Mayor
   City of Plymouth, Indiana