HomeMy WebLinkAboutA006 - Memo from City Attorney dated November 9, 1999 - Legal Opinion 1
Memo
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TO: Brian O'Connell, Director of Planning and Housing
FROM: John R. Klaus, City Attorne}
DATE: November 9, 1999
SUBJECT: Final Plat Approval, Eighteenth Addition,Northridge Parkway Subdivision
In response to your letter of November 1, 1999, Don Newbrough, the attorney for the subdividers,
has brought to me materials pertaining to the final plat of the Eighteenth Addition, Northridge
Parkway Subdivision. Don asked that I:
a) render a legal opinion on whether the procedures of the new ordinance can be applied to
the process for approval of the final plat since a"CDP"and "administrative plat"had been approved
for the subdivision under the old ordinance; and
final plat b the City Council.
b) facilitate approval of the subject fi p y y
I informed Don that per Sec. 2.48,Municipal Code of the City of Ames, legal opinions are rendered
only at the request of the City Council, an administrative agency of the City, the City Manager, or
a department head.
To facilitate Council approval of the final plat, I have reviewed the materials brought to me for
compliance with the requirements of Sections 23.302(8) and 23.503 of the Municipal Code in
relation to the twelve items listed in your letter of November 1, 1999, as follows:
1) The application form provided by the Department of Planning and Housing has not been
completed and filed as required by Section 23.302(8)(i) of the Ames Code.
2) A "completed checklist", apparently part of the Sec. 23.302(8) mandatory application
form,has not been filed.
(3) Twenty plats,rather than the required 16,were again submitted. I have pulled out four
of the plats so the ordinance is met.
(4) Four approval resolutions were again submitted. You wanted only three. Section
23.503(3)(h) requires only one. I have pulled out three of the resolutions so that the ordinance is
met. The wording of the resolution meets the requirements of Sec. 23.503(3)(h).
e
(5) Three copies of the consent document have now been submitted. However, only one
such document is required by 23.503(3)(b). I have pulled out two of the consent documents so the
ordinance is met. The wording of the consent document meets the requirements of Sec.
23.503(3)(b).
(6) Consent of mortgagees are not submitted because,per the attorney's opinion,the property
to be platted is not subject to mortgages.
(7) Mr.Newbrough has brought to me a letter under date of November 2, 1999 that indicates
the property being subdivided is owned in fee by the parties consenting to the plat of subdivision,
in conformance with the requirement of Sec. 231.503(d) of the Ames Code. That section does not
require two copies of the opinion.
(8) Two copies of a certificate of the County Treasurer that all taxes are paid have been
submitted. However, only one copy is required by Section 23.503(c) so I have pulled out one copy
so the ordinance is met.
(9) Two copies of easements for electric and other utilities,storm sewer,and surface drainage
have been submitted in legally acceptable form.
(10) An original and a copy of a public improvement agreement have been executed and
submitted by the subdividers for"... completion of the improvements and utilities as required by City
for said subdivision". However, a certificate from the Municipal Engineer as to what improvements
remain to be made, when they are to be completed, and the amount of the bond needed to secure
completion of those improvements is needed before the City Clerk and City Attorney can make the
certificate and approval on the performance bond as required by Section 23.503(f).
Also received was the "computer diskette" specified by Section 23.302(8)(b)(iii); and a check for
the filing fee specified by the City Council.
Except for the application form,the subdivider has met the submittal requirements of the ordinance.
The matter can be submitted to the City Council when the Municipal Engineer has provided the
information on public improvements required to establish the amount and term of the performance
bond, and the subdivider has filed the required application form. I will fill out an application form
and send it to Don Newbrough to be signed on behalf of the subdividers.
The subdividers documents are turned over to you herewith.
JRK:gmw
Attachments
c: Jerry Byg
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