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1195 OOO(]"77 ORDINANCE NO. 1195 (#3 - 03) AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE j 17.12.110 AND CREATING JACKSONVILLE MUNICIPAL CODE j 17.12.125; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. WHEREAS, current provisions of the Jac <sonville Municipal Code do not allow for approval of Final Plats until all su Jdivision improvements have been completed and accepted by the City; and, WHEREAS, because certain conditions and situations sometimes prevent completion of all improvements, it is recommended that a provision be implemented a lowing for deposit of the cost(s) of such improvements with City officials by the Developer(s) in question. NOW, THEREFORE, BE IT ORDAINED BY THE CII Y COUNCIL OF THE CII Y OF JACKSONVILLE, ARKANSAS, THA T: SECTION ONE: Jacksonville Municipal Code 9 17.12.110 shall be amended as fo ows: JMC 9 17.12.110 Final Plat -Materia s to Je su Jmitted. A. A Developer shall present t le following materials to the City Engineer at least seven (7) days prior to the Planning Commission meeting at which consideration of approval is requested: 1. As built specifications and as built prints in sufficient quantity of the sidewalks, streets, paving, curb and gutter, water, sanitary sewer, drainage plans, anc. any other such required improvements; 2. Improvements to the proposed final platted property, including but not limited to, sidewalks, drainage, water, sanitary sewer, roadways, and landscaping that have not been completed and approved by the City Engineer~prior to Final Plat request] will be guaranteed by a certified check or cas 1 in the amount provided ]y an Engineer's cost estimate (as approved by t'le City Engineer) and deposited with t'le City Clerk's office at the time the request for Final Plat ap Jroval is made. Monies deposited shall be processed in the manner prescribed in 9 17.12.125; 3. A set of Plans for all improvements required under specifications and these Regulations, with such plans to bear the written approval of the City Engineer; and, 4. Any proposed protective covenants (if applicable)m SECTION I WO: Jacksonville Municipal Code 9 17.12.125 (Deposit for Incomplete Improvements) is hereby created and shall read as follows: Jacksonville Municipal Code 9 17.12.125 (Deposit for Incomplete Improvements). Whenever any improvement(s) required under applicable ordinances, regulations, or plans are not completed, funds (certified check or cash) 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 of all required improvements within one (1) year of submission/approval of Final Plat; or, O(JO{]~78 ORDINANCE NO. 1195 (# 3 - 03) Page Two b) Expiration of one (1) year from approval of Final Plat. In the event Developer completes all required improvements, the funds deposited shall be returned to the Developer. In the event the Developer fails to complete the improvements within the a.J.Jropriate one (1) year time frame 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. Said funds shall be utilized for completion of the appropriate improvements under the directive of tle City Engineer, with any remaining Jalance to be transferred into t le City's Genera Funds to be used for general operating purposes. SECTION THREE: Any such Ordinance or parts of Ordinances in conflict herewith are hereby repealed to the extent of said conflict. SECTION FOUR: Because the comp etion of some subdivision improvements can be prohibitive during this time of year because of weather conditions, an emergency is hereby declared to exist. For the economic benefit of the citizens of Jacksonville, this Ordinance shall be in full force and effect from and after its approval and passage. APPROVED AND ADOPTED THIS 2003. do ~ DAY OF FEBRUARY, CITY OF JACKSONVILLE, ARKANSAS r:; .~~~/ TOMMY SWAI ,MAYOR A I I t~ r: <:: ~ '~ / '\ ll}rw\ -~~ )A~ ... \.. ~-, ROBE~T E. BAMBe.~' CD I 0 ~-