HomeMy WebLinkAboutOrdinance 3869 }
ORDINANCE NO. 3869
AN ORDINANCE AMENDING CHAPTER 159 :
SUBDIVISIONS, SECTION 159.34, GUARANTEES IN LIEU
OF INSTALLED IMPROVEMENTS , OF THE CODE OF
FAYETTEVILLE, TO ALLOW ONLY FOR THE DEPOSIT OF
U .S . CURRENCY OR A PERFORMANCE BOND FOR THE
DELAY OF FINAL PAVEMENT IN A SUBDIVISION .
WHEREAS , Winter weather can prevent the placing of final paving for streets which
can place a hardship on developers in the completion of a subdivision.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS :
Section 1 . That Chapter 159: SUBDIVISION REGULATIONS, § 159.34, Guarantees
in lieu of installed improvements, of the Fayetteville Code shall hereby be repealed and the
following shall be inserted in its stead:
§ 159. 34 GUARANTEES IN LIEU OF INSTALLED IMPROVEMENTS.
The Planning Commission may approve the final plat or large scale development plat
prior to the installation of all the required improvements if the developer deposits with the City,
U . S . currency or a performance bond in an amount equal to 150 percent of the estimated cost
of the remaining improvements as determined by the City Engineer's Office. All
improvements, other than the final pavement, must be completed before the surety amount can
be deposited with the City. The payment or performance bond deposited with the City shall
be forfeited, at the option of the City, if within 270 days of the date of final plat approval, said
improvements have not been completed.
Section 2 . The City Council hereby determines that the aforesaid provisions are
necessary and unless put into effect immediately, the public health, safety, and welfare of the
people of Fayetteville will be adversely affected. Therefore, an emergency is hereby declared
to exist and this ordinance being necessary for the public health, safety, and welfare shall be
in full force and effect from and after its passage and approval .
PASSED AND APPROVED this 21st day of Februm:y 1995 .
APPROVE :
By:
red Hanna, Mayor
ATTEST :
By: �L
Traci Paul, City Clerk
ORDINANCE NO. STATE OF ARKANSAS
SS.
AN ORDINANCE AMEND-
ING
D-
ING CHAPTER 159: SUBDI- County of Washington r
VISIONS. SECTION 159.34,
GUARANTEES IN LIEU OF n
INSTALLED IMPROVE - ( ` �
hereby cer-
MENTS. OF CODE OF
FAYETTEVILLE, TO ALLOW oY am t
f that I he publisher of E NORTHWEST ARKANSAS TIMES, a daily
FAYETTIL
ONLY FOR THE DEPOSIT newspaper having a second class mailing privilege, and being not less than four pages of
OF U.S. CURRENCY OR A
PERFORMANCE BOND five columns each, published at a fixed place of business and at a fixed (daily) intervals
FOR THE DELAY OF FINAL continuously in the City of Fayetteville, County of Washington, Arkansas for more than
PAYMENT IN A
SUBDIVISION. a period of twelve months, circulated and distributed from an established place of business
WHEREAS, Winter weather to subscribers and readers generally of all classes in the City and County for a definite price
can prevent the placing of
final paving for streets for each copy, or a fixed price per an num, which price was fixed at what is considered the
which can place a hardship value of the publication, based upon the news value and service value it contains, that at
pl developers in the com-
pletion
oin- least fifty percent of the subscribers thereto have aid cash for their subsgi Dons to the
pn de el a subdivision. Y lre p p
NOW, THEREFORE, BE IT newspaper or its agents or through recognized news dealers over a period of at least six
ORDAINED BY THE CITU months; and that the said news r ublishesanavera average percent news
COUNCIL T THE CL L E pipe p g ityPe
IF
AR V ETTE V ILLE matter.
ARKANSAS:
Section 1 . That Chapter
159: SUBDIVISION REG- I further certify that the legal notice hereto attached in the matter of
ULATIONS, 4159.34, Guar. ,
intros in lieu of installed 0. ' P ^^ �
improvements, h the Fay ( / (?d V 1 LAf ll.
carrel Code shall hereby
, be repealed and the follow-
ing shall be inserted in its was published in the regular daily issue of said newspaper for
stead:
4159.34 GUARANTEES IN consecutive insertions as follows:
LIEU OF INSTALLED
IMPROVEMENTS. (�
The Planning Commission The first insertion on the I dayof 19q
may approve the final plat
or large scala development
plat prior to the installation the second insertion on the day of 19
of all the required improve,
Tents if the developer de-
posits with the City. U.S. the third insertion on the day of 19
currency or a performance
bond in an amount equal to
150 percent of the esti- and the fourth insertion on the day of 19
mated cost of the remain-
ing improvements as deter-
mined by the City Engi.
neer ' s Office . All
improvements, other than
the final pavement. must
be completed before the R E C E I V E
surety amount can be depo- Publisher / General Manager
sited with the City. The
payment or performance p
bond deposited with the MAIL O 6 1995
City shall be forfeited, at
the option of the City. if
within 270 days of the date FINANCE DEPT.
of foal plai approval, said
improvements have not
been completed.
Section 2. The City Council.
' hereby determines that the
aforesaid provisions are
necessary and unless put
into effect immediately, the
public health, safety, and _I
welfare of the people of I Sy
Fayetteville will be ad- Swum to and subscribed before me on this da of
versely affected. Therefore. Y
an emergency is hereby de-
clared to exist and this ordi- lA 19�
nance being necessary for
the public health, safety.
and welfare shall be in full
force and effect from and
after its passage and /
approval.
PASSED AND APPROVED Notary Public
this 21st day of February.
1995.
,APPROVED My Commission Expires:
'By: Fred Hanna. Mayor O \ - � �
IATTEST:
��ey: Traci Paul,
City Clerk
Fees for Printing
Cost of Proof $
Total $ l0 9 . W7