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HomeMy WebLinkAboutOrdinance 3958 ORDINANCE NO. 3958 AN ORDINANCE AMENDING CHAPTER 159: SUBDIVISION REGULATIONS, SECTION 159. 34, GUARANTEES IN LIEU OF INSTALLED IMPROVEMENTS, OF THE CODE OF FAYETTEVILLE, TO ALLOW FOR THE DEPOSIT OF U.S. CURRENCY, A PERFORMANCE/SURETY BOND, OR AN IRREVOCABLE LETTER OF CREDIT FOR THE DELAY OF CERTAIN REQUIRED IMPROVEMENTS. 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REGULATIONS, § 159. 34, Guarantees in lieu of installed improvements, of the Code of Fayetteville shall hereby be repealed and the following shall be inserted in its stead : § 159.34 GUARANTEES IN LIEU OF INSTALLED IMPROVEMENTS. A. SUBDIVISIONS AND RESIDENTIAL LARGE SCALE DEVELOPMENTS. The Planning Commission may approve a subdivision final plat or a residential large scale development plan prior to the installation of the final pavement, sidewalks, tree replacements or landscaping if all other required improvements have been substantially completed as determined by the City Engineer after the final inspection, provided the developer deposits with the City, U.S . currency, a performance/surety bond, or an irrevocable letter of credit from a bank or banking institution doing business in this state which is a member of the Federal Deposit Insurance Corporation in an amount equal to 150 percent of the estimated cost of the uncompleted improvements as determined by the City Engineer's Office. B. OTHER LARGE SCALE DEVELOPMENTS . The Planning Commission may approve an office, commercial or industrial large scale development plan prior to the installation of all the required improvements; however, no building permits may be issued until one of the following has occurred: (1 ) All of the required improvements have been completed, or (2) The developer deposits with the City, U.S. currency, a performance/surety bond, or an irrevocable letter of credit from a bank or banking institution doing business in this state which is a member of the Federal Deposit Insurance Corporation in an amount equal to 150 percent of the estimated cost of the uncompleted improvements as determined by the City Engineer's Office. C. DEPOSIT OF U .S. CURRENCY. In the case of deposit of U. S. currency, if after 270 days, the improvements have not been constructed, the City has the following options: Page 2 Ordinance No. 3958 ( 1 ) Construct the remaining improvements using the U .S. currency, in which case any balance remaining after the improvements have been constructed, shall be returned to the developer, or (2) Continue to hold the U .S. currency until the developer completes the required improvements, in which case, after the City Engineer certifies that the improvements have been complete, the entire deposit shall be returned to the developer. D. PRESENTATION OF AN IRREVOCABLE LETTER OF CREDIT. In the case of an irrevocable letter of credit, if after 270 days, the improvements have not been constructed, the City has the following options: (1 ) Call the irrevocable letter of credit and use the proceeds to construct the remaining improvements, in which case any balance remaining after the improvements have been constructed, shall be returned to the developer, or (2) Amend the irrevocable letter of credit or require the developer to provide another irrevocable letter of credit for any uncompleted improvements in an amount equal to 150 percent of the estimated cost of remaining improvements as determined by the City Engineer's Office, in which case, after the City Engineer certifies as to which improvements have been completed, the guaranteed amount for any completed improvements may be returned to the developer. E. PERFORMANCE/SURETY BOND. In the case of a performance/surety bond, if after 270 days, the improvements have not been constructed, the City has the following options : (1) The Surety shall be notified and the parties shall proceed under the terms of the bond. (2) Amend the performance/surety bond or require the developer to provide another performance/surety bond for any uncompleted improvements in an amount equal to 150 percent of the estimated cost of remaining improvements as determined by the City Engineer's Office. PASSED AND APPROVED this 2nd day of April 1996. • F' " f " ` , . APPROVE red Hanna, Mayor ,BY1 •` Lmlradi Paul, City Clerk ORDINANCE NO. 3958 C. DEPOSIT S. CURRENCY. In to of AN ORDINANCE AMENDING deposit of U.S. currency, it af- p p. l� p/ LU CHAPTER 159: SUBDIVISION ler 270 days, the improve- 1� V G Y REGULATIONS, SECTION mems have not been con- 159.34, GUARANTEES IN structetl, the options: has the fol- LIEU OF INSTALLED IM- ( 1 )lowC nsuct A4 12 1996 PROVEMENTS, OF THE CODE ( 1 ) Construct the g the, U.S. STATE OF ARKANSAS !'. 1 OF FAYETTEVILLE, TO AL- improvements using the U.S. LOW FOR THE DEPOSIT OF currency, in airing after any Ss. FINANCE DEPT, U.S. CURRENCY, A PERFOR. balance encs remaining after the Count of Washington MANCEISURETY BOND, OR improvements shall be been con- Y B AN IRREVOCABLE LEITER OF structetl, shall be returned 10 n , q /I _ P, CREDIT FOR THE DELAY OF the developer, or 1r�IwAt•1~iAi IA !`.'�wN1A+ er- CERTAIN REQUIRED IM. . (2) Continue to hold the U.S. I, hereby PROVEMENTS. currency until the developer tify that I am the publisher o E NOR HWEST ARKANSAS TIMES, a daily completes the required iaf- newspaperhavin asecond class mailing privilege, and being not less than four pages of BE IT ORDAINED BY THE provements, in which case, af- B 8 P B . B i B CITY COUNCIL OF THE ter the City Engineer certifies five wlumns each, published at a fixed place of business and at a fined (daily) intervals CITY OF FAYETTEVILLE, that the improvements have continuous) 1n the Cit of Fayetteville, Count of Washington, Arkansas for more than ARKANSASi been Shall complete,returned entire to the aperiod of twelve months, circulated and distributed from an established place of business developer. to subscribers and readers generally of all classes in the Cil and Count for a definite nee Section I1.O That Chapter 159: , j B Y Y Y P SUBDIVISION REGULATIONS, D. PRESENTTATION OF foreachcopy, or a fixed price per annum, which price was fixed at what isconsidemd the §installed , G proveees to lieu of AN IRREVOCABLE LET. value of the publication, based upon the news value and service value it contains, that at instae Im Fayetteville s the TER OF CREDIT. In the P po Coda of Fayetteville shall case of an irrevocable letter least fifty percent of the subscribers thereto have paid cash for their subscriptions to the he'a be repealed and the of credit, if after 270 days, the newspaper or its agents or through recognized news dealers over a period of at least six fbllovSng shall be inserted in im rovements have not been ' Gits 5tead: • anstrucled, the City has the months; and that the said newspaper publishes an avemgeofmore than forty percent news $159.34 GUARANTEES IN following options: matter. ' LIEU OF INSTALLED IM- (1 ) Call the irrevocable letter PROVEMENTS. of credit uandct the to construct the remaining se I further certify that the legal notice hereto attached in dee matter of -A. SUBDIVISIONS AND provements, tri which case RESIDENTIAL LARGE any balance remaining after _ 1 . M IL JprQ SCALE DEVELOPMENTS. the improvements have been LJM I(n ri-� 3 ✓Lw The Planning Commission constructed, Shall be relurnetl ' to the developer, or was published inthe regular daily may approve a subdivision (2) Amend,�the irrevocable let- P 8 y issue of said newspaper for final plat or a residential ter of credit or require the de- consecutive insertions as follows: large scale development plan veloper, to .provide another ir- prior to the installation of the , revocable letter of credit for final pavement, sidewalks. Jany uncompleted improve- The first insertion on the irIL 10 da ofl9 tree replacements or land- ments in an amount equal to Y scaping if all other required 150 percent of the estimated improvements have been sub- cost of remaining improve- the second insertion on the da of 19 stantially completed as deter- ments.as determined by the Y mined by the City Engineer af- City Engineer's Office, in ter the final inspection, pro- which case, after the City En- the third insertion on the da of 19 vided the developer deposits gineer certifies as to which y with the City, U.S. currency, a improvements have been performance/surety bond, or completed, the guaranteed and the fourth insertion on the day of 19 an irrevocable letter of credit amount for any completed im- from a bank or banking institu- rovements may be returned tion doing business ipn this y state which is a member of the to the developer. Federal Deposit Insurance E. �PERFORMANCEISURE- Corporation p percent amount TY BOND. In the case of a equal to 150 percent of the per bond, it estimated cost m the uncom- after 270 days the improve- ublisher / Ge Manager pletetl improvements as tle- ments have not been con- s (iucted, the City has the fol- _ gineer's Office. lowing options: B. OTHER LARGE SCALE (Il The Surety shall be noti- DEVELOPMENTS. The fled and the parties shall Planning Commission may ' proceed under the terms of approve an office, commer- bond. tial or industrial large scale �2�) Amend the performance/ development plan prior to the cloprety bond or require the tle- er to installation of all the required performance/surety improvements: however, no ( performannce/surety bond for provide another building permits may be any uncompleted improve- building mems ian amount equal to issued until one of the follow- 750 percent of the estimated ing has occurred: cost of remaining im rove- Sworn to and subscribed before me on this I da of ( 1 ) All of the required im- ments as determined by the y provements have been cam-. City Engineer's Office. pletetl, or o (2) The developer deposits PASSED AND AP. ^' 19 with the City, U.S. currency, a PROVED this 2nd day of [[[[ performance/surety bond, or April, 1996. LL[[(( [ an irrevocable letter of credit �[[�[(([ I SWIM; I from a bank or banking insti- APPROVED: `. tution doing busines In this By: Fred Hanna, Mayor slate which is a member bf the t pWb11e, C@40 yg105 Notary Public Federal Deposit Insurance ATTEST: f t NQ1� ,Vitt tOtt P1 Corporation in an amount - BY Traci Paul_City Clerk My Commission Expires: i wmj29 qual to 150 percent of the estimated cost of the unborn. �c4_ Plated improvements as de- termined by the City En- gineer's Office. 1� Fees for Printing dU $ -AM Cost of Proof $ Total