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Regular City Council Meeting <br />July 10,2003 <br />Page 11 <br /> <br />RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR <br />PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING <br />AN EFFECTIVE DATE, WAS PRESENTED. <br /> <br />A motion was made by Councilwoman Neeley, seconded by Councilman <br />Weekly, for adoption of the ordinance. The motion carried 5 ayes, 0 nays. <br /> <br />Mayor Pro Tem McCarthy called for consideration of and action on the Final <br />Plat of River Oaks Subdivision, located in the 300 Block of Aikin Drive. <br /> <br />Shawn Napier, City Engineer, came forward stating that on the memorandum <br />that the City Council has there are six items. All of the items have been <br />fulfilled with the exception of the fifth item, which required water and sewer <br />lines to be constructed prior to acceptance of the final plat or a Guarantee of <br />Construction be completed in the amount of $75,000.00 per Ordinance No. <br />1315 Section XIII, Guarantee of Construction. Mr. Napier said he and Mr. <br />Ross discussed this several times and they had always discussed putting up a <br />bond so the plat could be filed. Mr. Napier said today he had a telephone <br />conservation with Mr. Ross and he said they were talking about putting in the <br />utilities so they will not have to put up the bond. He said he has not had a <br />chance to talk to Mr. Ross about this, but in lieu of that, it is not really going <br />to affect his development too much, but he would recommend instead of <br />approving the Final Plat, deny it and wait until the utilities are finished because <br />it is not going to affect him one way or the other. This would give the city <br />more time to establish the Final Plat and make sure everything is in place. <br /> <br />City Attorney Schenk said Section 17 of the Zoning Ordinance provides that <br />no permit for the construction of buildings etc., can be approved until such time <br />as a plat is approved by this Council, and that is a Final Plat. The problem is, <br />in a platting process in the State of Texas, you will have the utilities in before <br />the Final Plat is filed. That is why you go through the Preliminary Plat process <br />so that you can be working on, work with the changes, and configuration of the <br />subdivision and finally decide how it is going to be built. The City Attorney <br /> <br /> <br />