§ 901.01. Agreements to improve street areas.

Upon receipt of requests for the right and privilege to cause the improvement of any public street, avenue, boulevard or alley in the city, the director of public service is authorized to enter into agreements, granting such right and privilege, and such agreements shall contain the following provisions and conditions.

(a)

The pavements so constructed shall be in accordance with plans to be approved by the director of public service and their designee, which plans shall meet the standard minimum requirements as adopted by the city council.

(b)

The director of public service and/or their designee shall furnish detailed specifications, which shall be complied with in every respect.

(c)

The grades of the streets, alleys or other public ways to be so paved shall be as shown on the plans therefor and shall be recorded in the profile books maintained by the department of public service.

(d)

The city shall be held free and harmless from any and all claims for damages of every nature arising or growing out of the improvements so agreed to be made.

(e)

The party requesting such right and privilege shall pay the costs of inspection and the cost of fire hydrants and shall deposit, with the city treasurer through the director of public service and/or their designee, the sums of money estimated by the director of public service and/or their designee to be necessary therefor, and in the event that such estimated amounts are found to be insufficient shall deposit such additional amounts as are necessary upon demand. All unexpended monies so deposited shall be refunded.

(f)

Such party shall furnish a surety bond or an irrevocable letter of credit issued by a bank and subject to the provisions of Chapter 1305 of the Ohio Revised Code satisfactory to the director of public service, or an escrow agreement acceptable to the city attorney and director of public service, or a certified check upon a solvent bank of the city, in the sum of one hundred (100) percent of the estimated cost of the proposed improvements to guarantee the performance of the agreement.

(g)

Any violation of the terms of the agreement or noncompliance therewith shall constitute a breach of contract and the director of public service and/or their designee shall have the right and privilege to stop the work forthwith.

(h)

Upon completion of the work in accordance with the plans and specifications therefore, the pavements shall become the property of the city at no cost to the city and without encumbrance of any nature.

(i)

City council shall by ordinance establish and periodically amend a schedule of fees for the review of street plans. All fees are for the purpose of defraying costs incurred by the department of public service for reviewing street plans to assure conformance to city specifications. Once the fee has been paid it shall not be refundable. The director of public service and/or their designee shall not release street plans for construction until the fee has been paid in full. All fees shall be paid to the city treasurer for deposit into the development services special revenue fund. The schedule of fees and service charges shall be posted in the department of public service offices.

(j)

All fees collected are for the purpose of paying for services rendered by the department of public service for coordinating, directing, inspecting and supervising the construction of streets, highways, bridges, storm sewers, sanitary sewers, street lighting, water distribution lines, traffic control devices and any other city-owned or operated facility and such other related matters as may arise in connection with such construction to assure conformance to city specifications. All fees shall be paid to the city treasurer for deposit into the building services special revenue fund. Council shall, by separate ordinance, establish and periodically adjust the fees for all types of applications and review provided by the department of public service, hereinafter referred to as the "Fee Schedule," for the purpose of defraying the costs of providing service. The fee in effect on the date of receipt of any application shall be the fee charged.

(Ord. 847-92; Ord. 1909-01 § 1 (part); Ord. 18-02 § 1; Ord. 1960-2006 § 1: Ord. 1707-2007 § 4; Ord. No. 0128-2009, § 1, 2-9-2009; Ord. No. 2635-2013, § 3, 12-2-2013)