1348 ORDINANCE NO. 1348 ( #15 - 08)
AN ORDINANCE MODIFYING JACKSONVILLE MUNICIPAL CODE
517.12.125, 517.12.110(2), AND 517.12.010(24); AND, FOR OTHER
PURPOSES.
WHEREAS, the City of Jacksonville currently requires a completion bond
prior to or upon submission of a request for Final Plat approval when all required
improvements have not, for whatever reason(s), been completed by the
developer;
WHEREAS, the requirement to obtain a completion bond has become
burdensome upon some developers and an alternative means is necessary; and,
WHEREAS, letters of credit and /or a completion bond would allow
developers an alternative means and insure adequate protection for the City
regarding completion of the needed and required improvements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF JACKSONVILLE, ARKANSAS, THAT ::
SECTION ONE: Jacksonville Municipal Code §17.12.125 shall be modified to
reflect the following amendments, changes, deletions, and modifications:
A) 17.12.125 Deposit for Incomplete Improvements
Whenever any improvement(s) required under applicable ordinances,
regulations, or plans are incomplete, funds in the form of cash, a surety bond,
and /or letters of credit from an authorized, licensed, and insured bank(s) and /or
financial institution shall be deposited with the City Clerk prior to or upon submission
of the request for Final Plat approval. Said funds shall be released and disposed of
only upon the following conditions:
a. Completion by Developer, the Bonding Company, the Bank, and /or
financial institution involved, of all required improvements within
One (1) year of submission /approval of Final Plat; or,
b. Expiration of One (1) year after all required improvements have
been completed.
In the event Developer completes all required improvements, and no
claims are made within th One (1) year of the improvements completion date, any
funds deposited shall be returned to the Developer or no claim made upon the
bond and /or letter of credit. In the event the Developer fails to complete the
improvements within the appropriate One (1) year timeframe and no extension
for such has been granted for good cause by the City Engineer, all funds shall be
released and paid into the General Fund of the City of Jacksonville and /or the
City shall make claim upon the bond and /or letter of credit for the costs of
completion of and /or repair of all required improvements. Said funds shall be
utilized for completion of the appropriate improvements under the directive of
the City Engineer, with any remaining balance to be transferred into the City's
General Funds to be used for general operating purposes.
B) 17.12 11
0(2 ) Final Plat — Materials to be Submitted
Improvements to the proposed final platted property including but not limited
to, sidewalks, drainage, water sanitary sewer, roadways, landscaping and other
improvements as required and /or a satisfactory bond, letter of credit, or cash posted
with the City of an amount equal to the construction cost of said
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ORDINANCE NO. 1348 ( #15 — 08)
Page Two
improvements not completed before Commission approval, appropriate storm water
controls implemented to the best management practices possible, and all other such
improvement requirements as provided in applicable Codes herein. Monies
deposited shall be processed in the manner prescribed in JMC §17.12.125.
C) 17.16.010(24) All improvements, drainage, sewer, sidewalks,
streets, water, and other required installed, operable, approved, and accepted prior
to Final Plat approval or a deposit of cash, surety bond, or a sufficient letter of credit
in compliance with this Chapter sufficient to cover the costs of construction of any
such incomplete improvements required.
SECTION TWO: All Ordinances or parts of Ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION THREE: This Ordinance shall take effect immediately
upon passage and publication, as provided by and subject to the requirements of
applicable law.
APPROVED AND ADOPTED THIS 4 DAY OF SEPTEMBER, 2008.
CITY OF JACKSONVILLE, ARKANSAS
TOMMY SWAIM(MAYOR
ATTEST:
err
SUSAN •AVITT, CITY LERK
/ A
AP••• ED AS • .Oi
ROB'•T E. B se. ORNE