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1372ORDINANCE NO. ~~ AN ORDINANCE TO AMEND ARTICLE IV, SECTION 3 OF THE LAND SUBDIVISION AND DEVELOPMENT CODE OF THE CITY OF WEST MEMPHIS, ARKANSAS, AS ADOPTED BY ORDINANCE 1266, AND FOR OTHER PURPOSES. WHEREAS, after a public hearing upon due notice and publication, the Planning Commission approved and recommended for adoption certain proposed amendments to the Land Subdivision and Development Code of the City of West Memphis, Arkansas, adopted by Ordinance 1266; and WHEREAS, the City Council finds that the proposed amendments to the Land Subdivision and Development Code of the City of West Memphis should be adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, THAT: SECTION 1. The second paragraph of Article IV, Section 3 of the Land Subdivision and Development Code of the City of West Memphis, Arkansas, as adopted by Ordinance 1266 is hereby amended to read as follows: Contractors shall furnish a Maintenance Bond to the City covering any defects in materials and workmanship for the required improvements installed by that Contractor in the amount of fifty (50) percent of the total cost of those improvements. The bond(s) shall be in full force and effect for not less than two (2) ,years from the date of the letter from the Code Enforcement Officer certifying that all improvements have been completed and approved, and further stating that any and all defects in materials and workmanship shall be corrected by the Contractor by the end of the bond period. Work performed under the terms of the Maintenance Bond shall be approved by the Code Enforcement Officer. SECTION 2. Article IV, Section 3 of the Land Subdivision and Development Code of the City of West Memphis, Arkansas, as adopted by Ordinance 1266 is hereby amended to add the following language: After eleven (11) months the Contractor can apply for an early review and if the work is accepted in writing, by the City, the Maintenance Bond can then be released at the end of the first year. In lieu of a Maintenance Bond, a Certificate of Deposit in he amount of fifty (50) percent of the total cost of the improvements can be held in a local bank on the City's behalf. The Certificate of Deposit will not be released until all work has been approved and accepted. '~' A review request after eleven ( 11 ) months will also ~~o" ~ ~">; _ applicable in this case. ~.-~*~'~'~~) ~~ JAN ~~ tJ~~ y~ l~''",-~ SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. PASSED AND APPROVED this ~ day of `YYI~~~~~ , 1989. ATTEST: DAN CRAFT,~Cit Jerk SPONSORED BY: