Exhibit 9A Subdivision Ordinance

ORDINANCE

AN ORDINANCE ESTABLISHING RULES, REGULATIONS, AND SPECIFICATIONS FOR DEVELOPMENT OF SUBDIVISIONS WITHIN THE CITY OF ATLANTA, TEXAS, OR WITHIN AN AREA WITHIN THE JURISDICTION OF THE CITY OF ATLANTA, TEXAS: AND CREATING A PLANNING COMMISSION FOR SAID CITY AND DEFINING SUBDIVISIONS AND CREATING CERTAIN MINIMUM REQUIREMENTS WHICH MUST BE PERFORMED AND COMPLIED WITH BY DEVELOPERS AND SUBDIVIDERS BEFORE ANY PLAT OF ANY SUBDIVISION WILL BE ACCEPTED OR APPROVED BY THE CITY OF ATLANTA, TEXAS, AND SETTING SPECIFICATIONS AND BUILDING RESTRICTIONS WHICH MUST BE COMPLIED WITH BEFORE ANY SUBDIVISION WILL BE ACCEPTED BY THE CITY OF ATLANTA, TEXAS, AND REQUIRING FULL COMPLIANCE WITH THIS ORDINANCE AND THE TERMS HEREIN BEFORE ANY CITY OWNED UTILITIES WILL BE CONNECTED TO ANY SUBDIVISION OR HOUSE OR RESIDENCE THEREIN AND PROVIDING A PENALTY FOR ANY VIOLATION OF THE TERMS OF SAID ORDINANCE.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATLANTA, TEXAS

ATTACHMENTS

Attachment 1 - Appendix I

§ 1 Authority.

This Ordinance is adopted under the authority of the Constitution and laws of the State of Texas, including particularly chapters 231, Acts of the 40th Legislature, Regular Session, 1927, as heretofore or hereafter amended (compiled as Article 974a, V.T.C.S.), and the provisions of Section 4 of the Municipal Annexation Act as heretofore or hereafter amended (compiled as Article 970a, V.T.C.S.). This Ordinance is adopted pursuant to the provisions of section 2.09 of the Charter of the City.

(Ordinance adopted 1/18/71; Ordinance 328, adopted 5/77)

§ 2 Purpose.

The purpose of this Ordinance is to provide for the orderly, safe and healthful development of the area within the City and within the area surrounding the City and to promote the health, safety, morals and general welfare of the community.

(Ordinance adopted 1/18/71; Ordinance 328, adopted 5/77)

§ 3 Definitions.

For the purposes of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning ascribed to them in this section:

Alley:

A minor public right-of-way, not intended to provide the primary means of access to abutting lots, which is used primarily for vehicular service access to the back or sides of properties otherwise abutting on a street.

Building Setback Line:

The line within a property defining the minimum horizontal distance between a building and the adjacent street line.

City:

The City of Atlanta, Texas

Commission:

The Planning Commission of the City.

Crosswalk Way:

A public right-of-way, 6 feet or more in width between property lines, which provides pedestrian circulation.

Cul-de-sac:

A street having but one outlet to another street, and terminated on the opposite end by a vehicular turn-around.

Dead-end street:

A street other than a cul-de-sac, with only one outlet.

Engineer:

A person duly authorized under the provisions of the Texas Engineering Registration Act, as heretofore or hereafter amended, to practice the profession of engineering.

Lot:

An undivided tract or parcel of land having frontage on a public street and which is, or in the future may be offered for sale, conveyance, transfer or improvement; which is designated as a distinct and separate tract, and which is identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly filed of record.

Pavement Width:

The portion of a street available for vehicular traffic; where curbs are laid, it is the portion between the face of curbs.

Person:

Any individual, association, firm, corporation, governmental agency, or political subdivision.

Shall, May:

The word “shall” is always mandatory. The word “may” is merely directory.

Street:

A public right-of-way, however designated, which provides vehicular access to adjacent land.

(1)

An “arterial street” primarily provides vehicular circulation to various sections of the City.

(2)

A “collector street” primarily provides circulation within neighborhoods, to carry traffic from minor streets to arterial streets, or to carry traffic through or adjacent to commercial or industrial areas.

(3)

A “marginal access street” is a street which is parallel to and adjacent to an arterial street, which primarily provides access to abutting properties and protection from through traffic.

(4)

A “minor street” is one used primarily for access to abutting residential property.

Subdivider:

Any person or any agent thereof, dividing or proposing to divide land so as to constitute a subdivision as that term is defined herein. In any event, the term “subdivider” shall be restricted to include only the owner, equitable owner or authorized agent of such owner of equitable owner, of land sought to be subdivided.

Subdivision:

A Subdivision of any tract of land situated within the corporate limits, or within one (1) mile of such limits, in two or more parts for the purpose of laying out any Subdivision of any tract of land or any addition of any Town or City, or for laying out suburban lots or building lots, or any lots, and streets, alleys or parts or other portions intended for public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto. Subdivision includes resubdivision, but it does not include the division of land for agriculture purposes in parcels or tracts of five (5) acres or more and not involving any new street, alley, or easement of access.

Surveyor:

A licensed State Land Surveyor or a Registered Public Surveyor, as authorized by the State statutes to practice the profession of surveying.

Utility Easement:

An interest in land granted to the City, to the public generally, and/or to a private utility corporation, for installing or maintaining utilities across, over or under private land, together with the right to enter thereon with machinery and vehicles necessary for the maintenance of said utilities.

Any office referred to in this Ordinance by title means the person employed or appointed by the City in that position, or his duly authorized representative.

Definitions not expressly prescribed herein are to be construed in accordance with customary usage in municipal planning and engineering practices.

(Ordinance adopted 1/18/71; Ordinance 328, adopted 5/77)

§ 4 Special Provisions.

No permit shall be issued by the City for the installation of septic tanks upon any lot in a subdivision for which a final plat has not been approved and filed for record, or upon any lot in a subdivision in which the standards contained herein or referred to herein have not been complied with in full.

No building, repair, plumbing or electrical permit shall be issued by the City for any structure on a lot in a subdivision for which a final plat has not been approved and filed for record, nor for any structure on a lot within a subdivision in which the standards contained herein or referred to herein have not been complied with in full.

The City shall not repair, maintain, install or provide any streets or public utility services in any subdivision for which a final plat has not been approved and filed for record, nor in which the standards contained herein or referred to herein have not been complied with in full.

The City shall not sell or supply any water, gas, electricity, or sewerage service within a subdivision for which a final plat has not been approved and filed for record, nor in which the standards contained herein or referred to herein have not been complied with in full.

In behalf of the City, the City Attorney shall, when directed by the City Council, institute appropriate action in a court of competent jurisdiction to enforce the provisions of this Ordinance or the standards referred to herein with respect to any violation thereof which occurs within the City, within the extraterritorial jurisdiction of the City as such jurisdiction as determined under the Municipal Annexation Act, or within any area subject to all or a part of the provisions of this Ordinance.

If any subdivision exists for which a final plat has not been approved or in which the standards contained, herein or referred to herein have not been complied with in full, and the City Council of the city shall pass a resolution reciting the fact of such noncompliance or failure to secure final plat approval, and reciting the fact that the provisions of paragraphs A, B, C, and D of this Section will apply to the subdivision and the lots therein, the City Secretary shall, when directed by the City Council of the City cause a certified copy of such resolution under the corporate seal of the City to be filed in the Deed Records of the county or counties in which such subdivision or part thereof lies. If full compliance and final plat approval are secured after the filing of such resolution, the City Secretary shall forthwith file an instrument in the Deed Records of such county or counties stating that paragraphs A, B, C, and D no longer apply.

Provided, however, that the provisions of this Section shall not be construed to prohibit the issuance of permits for any lots upon which a residence building exists and was in existence prior to passage of this subdivision ordinance, nor to prohibit the repair, maintenance, or installation of any street or public utility services for, to or abutting any lot, the last recorded conveyance of which prior to passage of this Ordinance was by metes and bounds and/or any subdivision, or lot therein, recorded or unrecorded, which subdivision was inexistence prior to the passage of this Ordinance.

(Ordinance 329 adopted 1/18/71)

§ 5 Variances.

The Planning Commission may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Commission shall prescribe only conditions that it deems necessary to or desirable in the public interest. In making the findings herein below required, the Commission shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. No variance shall be granted unless the Commission finds:

That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this Ordinance would deprive the applicant of the reasonable use of his land; and

That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; and

That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; and

That the granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this Ordinance. Such findings of the Commission, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the Commission meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this Ordinance so that the public health, safety and welfare may be secured and substantial justice done.

(Ordinance 329 adopted 1/18/71)

§ 6 Preliminary Conference.

Prior to the official filing of a preliminary plat, the subdivider should consult with and present a proposed plan of subdivision to the Planning Commission or its designated representative for comments and advice on the procedures, specifications, and standards required by the City for the subdivision of land.

(Ordinance 329 adopted 1/18/71)

§ 7 Preliminary Plat and Accompanying Data.

General.

The subdivider shall cause to be prepared a preliminary plat by a surveyor or engineer in accordance with this Ordinance.

Time for Filing and Copies Required.

The subdivider shall file 6 blue or black line copies of the plat together with the original, with the Commission at least 10 days prior to the date at which formal application for the preliminary plat approval is made to the Commission.

Filing Fees.

Such plat shall be accompanied by a filing fee of $5.00 per plat, plus $0.50 per lot. The fee shall be $2.00 per acre for multiple dwelling area, commercial or industrial districts, and other areas not subdivided into lots. No action by the Commission shall be valid until the filing fee has been paid. This fee shall not be refunded should the subdivider fail to make formal application for preliminary plat approval or should the plat be disapproved.

Formal Application.

Formal application for preliminary plat approval shall be made by the subdivider in writing to the Commission at an official meeting.

Form and Content.

The plat shall be drawn on sheets 22 inches wide and 3 inches long, with a binding margin of not less than 2 inches on the left side of the sheet and margins on the other three sides of not less than 2 inches. The plat shall be drawn to a scale of 100 feet to one (1) inch. When more than one sheet is necessary to accommodate the entire area, an index sheet showing the entire subdivision at any appropriate scale shall be attached to the plat. The plat shall show the following:

(1)

Names and addresses of the subdivider, record owner, engineer and/or surveyor.

(2)

Proposed name of the subdivision, which shall not have the same spelling as or be pronounced similar to the name of any other subdivision located within the City or within five (5) miles of the City.

(3)

Names of contiguous subdivisions and the owners of contiguous parcels of unsubdivided land, and an indication of whether or not contiguous properties are platted.

(4)

Description, by metes and bounds, of the subdivision.

(5)

Primary control points or descriptions, and ties to such control points to which all dimensions, angles, bearings, block numbers and similar data shall be referred.

(6)

Subdivision boundary lines, indicated by heavy lines, and the computed acreage of the subdivision.

(7)

Existing sites as follows:

(a)

The exact location, dimensions, name and description of all existing or recorded streets, alleys, reservations, easements or other public rights-of-way within the subdivision, intersecting or contiguous with its boundaries or forming such boundaries.

(b)

The exact location, dimensions, description and name of all existing or recorded residential lots, parks, public areas, permanent structures and other sites within or contiguous with the subdivision.

(c)

The exact location, dimensions, description, and flow line of existing water courses and drainage structures within the subdivision or on contiguous tracts.

(8)

The exact location, dimensions, description, and name of all proposed streets, alleys, drainage structures, parks, other public area, reservations, easements or other rights-of-way, blocks, lots and other sites within the subdivision.

(9)

Date of preparation, scale of plat and north arrow.

(10)

Topographical information shall include contour lines on a basis of 5 vertical feet in terrain with a slope of 2 per cent or more, and on a basis of 2 vertical feet in terrain with a slope of less than 2 per cent. Any tract of 2 acres or less shall not require topographical information.

(11)

A number or letter to identify each lot or site and each block.

(12)

Front building setback lines on all lots and sites. Side yard building setback lines at street intersections and crosswalk ways.

(13)

Location of city limits line, the outer border of the city’s extraterritorial jurisdiction, and zoning district boundaries, if they traverse the subdivision, form part of the boundary of the subdivision, or are contiguous to such boundary.

(14)

Vicinity sketch or map at a scale of not more than 2000 feet to an inch which shall show existing subdivision, streets, easements, rights-of-way, parks and public facilities in the vicinity, the general drainage plan and ultimate destination of water, and possible storm sewer, water, gas, electric and sanitary sewer connections by arrows.

Processing of Preliminary Plat.

(1)

The Planning Commission or its designated representative shall check the preliminary plat as to conformity with the master plan, major street plan, land use plan, zoning districts and the standards and specifications set forth herein or referred to herein.

(2)

The Planning Commission shall forward the preliminary plat data to the City Council with their suggestions as to modifications, additions or alterations of such plat data.

(3)

Within thirty (30) days after the preliminary plat is formally filed, the City Council shall conditionally approve or disapprove such plat or conditionally approve it with modifications. if it is conditionally disapproved or conditionally approved with modifications, the City Council shall inform the subdivider, in writing, of the reasons at the time such action is taken.

(4)

Conditional approval of a preliminary plat by the Council shall be deemed an expression of approval of the layout submitted on the preliminary plat as a guide to the installation of streets, water, sewer and other required improvements and utilities and to the preparation of the final or record plat. Conditional approval of a preliminary plat shall not constitute automatic approval of the final plat.

(5)

Conditional approval of a preliminary plat shall be effective for two years unless review by the commission in the light of new or significant information which would necessitate a revision of the preliminary plat. if the commission should deem changes in a preliminary plat as necessary, it shall so inform the council. The council shall inform the subdivider in writing.

(6)

If no development has occurred which would affect the proposed plat after two years of effective approval the council may, upon the application of the subdivider, extend the approval one year.

(Ordinance 329 adopted 1/18/71)

§ 8 Final Plat.

Form and Content.

(1)

The final plat and accompanying data shall conform to the preliminary plat as conditionally approved by the Council incorporating any and all changes, modifications, alterations, corrections and conditions imposed by the Council.

(2)

The plat shall be drawn on sheets 22 inches wide and 3 inches long, with a binding margin of not less than 2 inches on the left side of the sheets and margins on the other three sides of not less than 2 inches. The plat shall be drawn at a scale of 100 feet to one (1) inches. Where more than one sheet is necessary to accommodate the entire area, an index sheet showing the entire subdivision at an appropriate scale shall be attached to the plat.

(3)

Three copies of the final plat shall be submitted and shall contain all of the features required for preliminary plats in Section 7 above and it shall be accompanied by site improvement data bearing the seal of an engineer and detailed cost estimates.

(4)

The final plat and the accompanying site improvement data and detailed cost estimates shall be approved by the Council.

(5)

In addition to the various requirements for the preliminary plat, the final plat shall also include the following:

(a)

The exact location, dimensions, name and description of all existing or recorded streets, alleys, reservations, easements, or other public rights-of-way within the subdivision, intersecting or contiguous with its boundary or forming such boundary, with accurate dimensions, bearing or deflecting angles and radii, area, and central angle, degree of curvature, tangent distance and length of all curves where appropriate.

(b)

The exact location, dimensions, description and name of all proposed streets, alleys, drainage structures, parks, other public areas, reservations, easements or other rights-of-way, blocks, lots, and other sites within the subdivision with accurate dimensions, bearing or deflecting angles and radii, area, and central angles, degree of curvature, tangent distance and length of all curves where appropriate.

(6)

When filed, the final plat shall be accompanied by the following site improvement data. All plans and engineering calculations shall bear the seal and signature of an engineer.

(a)

Streets, Alleys, Sidewalks. Crosswalk Ways & Monuments

- - copies of plans and profiles of all streets, alleys, sidewalks, crosswalk ways, and monuments, and copies of detailed cost estimates.

(b)

Sanitary Sewers.

Three (3) copies of the proposed plat, showing 2 foot contours and the proposed location and dimensions of existing sanitary sewer lines.

Three (3) copies of plans and profiles of proposed sanitary sewer lines, indicating depth and grades of lines.

When a separate sewer system or treatment plant is proposed, three (3) copies of proposed plans and specifications.

One copy of detailed cost estimates.

(c)

Water Lines.

Three (3) copies of the proposed plat showing 2 foot contours and the location and size of existing water lines and fire hydrants.

Three (3) copies of plans and profiles of all proposed water lines and fire hydrants, showing depths and grades of the lines.

When a separate water system is planned, or when connections is proposed to a water system other than to the City water system, 3 copies of the plans, including fire hydrants, of the proposed system.

Three (3) copies of detailed cost estimates.

(d)

Storm Drainage.

Three (3) copies of the proposed plat, indicating 2 foot contours. All street widths and grades shall be indicated on the plat, and runoff figures shall be indicated on the outlet and inlet side of all drainage ditches and storm sewers, and at all points in the street at changes of grade or where the water enters another street or storm sewer or drainage ditch. Drainage easements shall be indicated.

A general location map of the subdivision showing the entire watershed (a U.S.G.S. quadrangle is satisfactory.)

Calculations showing the anticipated storm water flow, including watershed area, per cent runoff, and time of concentration. When a drainage ditch or storm sewer is proposed, calculations shall be submitted showing basis for design.

When a drainage channel or storm sewer is proposed, complete plans, profiles, and specifications shall be submitted, showing complete construction details.

When conditions upstream or downstream from a proposed channel or storm sewer do not permit maximum design flow, high water marks based on a twenty-five year frequency, shall be indicated based on existing conditions.

Three (3) copies of detailed cost estimates.

The final plat shall also include the following:

(a)

Owner’s Acknowledgment:

State of Texas County of ________________
I (we) the undersigned, owner (s) of the land shown on this plat, and designated herein as the __________ subdivision to the City of Atlanta, Texas, and whose name is subscribed hereto, hereby dedicate to the use of the public forever all streets, alleys, parks, water courses, drains, easements and public places thereon shown for the purpose and consideration therein expressed.
	Owner
State of Texas County of _____
Before me, the undersigned authority, on this day personally appeared _____, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein states.
Given under my hand and seal of office this _____ day of _____ 20 ___.
	Notary Public, _____ County, Texas

(b)

Certification by the City Manager

I, the undersigned, City Manager, of the City of Atlanta, Texas hereby certify that this subdivision plat conforms to all requirements of the subdivision regulations of the City as to which his approval is required.
	City Manager

(c)

Approval of the Council of the City:

This plat _____ has been submitted to and considered by the Council of the City of Atlanta, Texas, and is hereby approved by such Council.
Date this _____ day of _____, 20___.
	BY: Mayor
ATTEST:
Secretary

(d)

Certification of the surveyor responsible for surveying the subdivision area, attesting to its accuracy:

State of Texas County of ________________
I, the undersigned, a (registered professional engineer/public surveyor) in the State of Texas, hereby certify that this plat is true and correct and was prepared from an actual survey of the property made under my supervision on the ground.
(Engineer or Surveyor’s Seal)	Registered Professional Engineer or Registered Public Surveyor

(e)

A certificate by the engineer responsible for the preparation of the final plat and supporting data, attesting to its accuracy:

State of Texas County of _________
I, the undersigned, a registered professional engineer in the State of Texas, hereby certify that proper engineering consideration has been given this plat.
	Registered Professional Engineer
(Engineer’s Seal)

Processing of Final Plat.

(1)

If desired by the subdivider and approved by the council, the final plat may constitute only that portion of the approved preliminary plat which he proposes to record and develop. However, such portion shall conform to all the requirements of this Ordinance.

(2)

As soon as practical after the subdivider is notified of the approval of the preliminary plat, his engineer shall submit to the council at an official meeting the final plat of the subdivision or portion thereof.

(3)

No final plat will be considered unless a preliminary plat has been submitted. However, if an approved plat has been duly recorded and the subdivider wishes to increase the size of the lots by combining two or more lots or by combining one lot with a portion of the adjacent lot in such manner that no portion of a lot remains smaller than the original lots, no preliminary plat will be necessary.

(4)

A final plat of an approved preliminary plat or a portion thereof shall be submitted to the Council within two years of the date of approval of preliminary plat, otherwise the approval of the Council shall become null and void, unless an extension of time is applied for and granted by the Council.

(5)

When the final plat is filed with the council for approval, it shall be accompanied by the following fees:

(a)

$5.00 per plat, plus $0.25 per lot.

(b)

For multiple dwelling areas, commercial and/or industrial districts and other areas not subdivided into lots the fee shall be $2.00 per acre.

(6)

Within thirty (30) days after the final plat is formally filed, the Council shall approve or disapprove such plat. If the final plat is disapproved, the Council shall inform the subdivider in writing of the reasons at the time such action is taken.

(7)

After the final plat has been finally approved and the subdivider has constructed all the required improvements and such improvements have been approved, and a maintenance bond filed as hereinafter provided; or after the plat has been finally approved and the subdivider has filed the security and maintenance bond, hereinafter provided, the Council shall cause the final plat to be recorded with the County Clerk or clerks in the county or counties in which the subdivision lies. The Council shall also cause the check or checks for the recordation fee or fees deposited at the time the final plat was filed for approval to be delivered with the final plat to the County Clerk. No plat shall be filed for record without written consent of the subdivider. If the subdivider fails to give such written consent within 90 days of the date of final approval of the plat, the Council may at any time thereafter cancel such approval.

(Ordinance 329 adopted 1/18/71)

§ 8.1 Additional Notice and Hearing Requirements for Certain Replats.

Notification Requirement for Certain Replats.

Where any of the area to be resubdivided or replatted was, within the immediate preceding five (5) years, limited by an interim or permanent zoning classification to residential use for not more than two dwelling units per lot, or if any lot in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot, then the following additional procedures shall apply:

Notice of the public hearing shall be published at least fifteen (15) days prior to the hearing, in a newspaper of general circulation in Cass County.

Written notice of the public hearing shall be mailed to the owners (according to the most recently approved ad valorem tax roll) of all lots that are within the original subdivision and that are within 200 feet of the lots to be replatted, together with a copy of Section 212.01 5(c) in the Local Government Code for the State of Texas.

If the proposed replat is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of the members present of the City Planning Commission and/or City Council, as applicable. For a legal protest, written instruments signed by the owners of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the municipal authority responsible for approving the replat, prior to the close of the public hearing. In computing this percentage of land area, the area of streets and alleys shall be included within the adjacent lots.

Compliance with subsection 3 above is not required for approval of a replat of part of a preceding plat, if the area to be replatted was designated or reserved for other than single or two-family residential use, by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat.

(Ordinance adopting Code)

§ 8.2 Exception to Plat Requirements.

The plat preparation requirements contained herein shall not be applicable in those cases where the land being divided into parts is greater than five (5) acres and each part has access and no public improvements are being dedicated.

(Ordinance adopting Code)

§ 9 Guarantee of Performance.

Approval of any such plan, plat or replat shall not be deemed an acceptance of the proposed dedication and shall not impose a duty upon the City concerning the maintenance or improvement of any such dedicated parts until the proper authorities of the City shall have made actual appropriation of the same by entry, use and improvement. Unless and until any such plan, plat or replat shall have been first approved in the manner and by the authorities provided for in this ordinance, it shall be unlawful within the area covered by said plan, plat or replat of any officials of the City of Atlanta to issue any building permits or to serve or connect said land or any part thereof, or for the use of the owners or purchasers of said land or any part thereof, with any public utility which may be owned or controlled or distributed by the City of Atlanta.

No final plat shall be approved by the City Council or the Planning Commission until all requirements and conditions of this Ordinance have been complied with in full by all subdividers and developers and no city-owned utilities shall be extended to or connected to any subdivision, tract, or lot or parcel of land or house thereon not shown on a recorded and approved plat and no city-owned utilities shall be extended to or granted to any subdivision, subdivider or developer or to any land or lot or house or residence in any subdivision until said subdivision and/or developer complies with all the necessary requirements, conditions and rules and regulations of this Ordinance.

All construction under this Ordinance shall be inspected by the appropriate city official so designated by the City Council and must be approved by the City Manager and/or the designated official of the City. A certificate by such official stating that the construction conforms to the specifications and restrictive covenants herein must be presented to the City Council prior to approval of the final plat.

(Ordinance 170, adopted 11/2/42, Section 1; Ordinance 170, adopted 11/2/42, Section 2; Ordinance 170, adopted 11/2/42, Section 3; Ordinance 170, adopted 11/2/42, Section 4; Ordinance 230, adopted 9/2/35, Section B; Ordinance 230, adopted 9/2/35, Section C; Ordinance adopted 8/7/44, Section 7; Ordinance adopted 8/7/44, Section 8)

§ 10 Standards and Specifications.

No preliminary or final plat shall be approved by the Council and no completed improvements shall be accepted by the City Manager unless they conform to the following standards and specifications:

General.

(1)

Conformity with comprehensive plan.

The subdivision shall conform to the comprehensive plan of the City of Atlanta and the parts thereof.

(2)

Provision for future subdivisions.

If a tract is subdivided into parcels larger than ordinary building lots, such parcels shall be arranged to allow the opening of future streets.

(3)

Reserve strips prohibited.

There shall be no reserve strips controlling access to land dedicated or intended to be dedicated to public use.

Streets.

(1)

Street layout.

Adequate streets shall be provided by the subdivider and the arrangement, character, extent, width, grade, and location of each shall conform to the comprehensive plan of the City and shall be considered in their relation to existing and planned streets, to topographical conditions, to public safety and convenience, and their appropriate relationship to the proposed uses of land to be served by such streets. The street layout shall be devised for the most advantageous development of the entire neighborhood.

(2)

Relation to adjoining street system.

There necessary to the neighborhood pattern, existing streets in adjoining areas shall be continued, and shall be at least as wide as such existing streets and in alignment therewith.

(3)

Projection of streets.

Where adjoining areas are not subdivided, the arrangement of streets in the subdivision shall make provision for the proper projection of streets into such unsubdivided areas.

(4)

Street jogs.

Whenever possible, street jogs with center line offsets of less than 130 feet shall be avoided.

(5)

Half-streets or adjacent streets.

In the case of collector, minor or marginal access streets, no new halfstreets shall be platted.

(6)

Street intersections.

Street intersections shall be as nearly at right angles as practicable, giving due regard to terrain and topography.

(7)

Dead-end streets.

Dead-end streets shall be prohibited except as short stubs to permit future expansion.

(8)

Cul-de-sacs.

In general, cul-de-sacs shall not exceed 500 feet in length, and shall have a turnaround of not less than 100 feet in diameter in residential areas, and not less than 200 feet in diameter in commercial and industrial areas.

(9)

Marginal access streets.

Where a subdivision has frontage on an arterial street, there shall be provided a marginal access street on both sides or on the subdivision side of the arterial street, if the arterial street borders the subdivision, unless the adjacent lots back up to the arterial street, or unless the Council determines that such marginal access streets are not desirable under the facts of a particular case for adequate protection of the lots and separation of through and local traffic.

(10)

Streets on comprehensive plan.

Where a subdivision embraces a street as shown on the comprehensive plan of the City, such street shall be platted in the location and of the width indicated by the comprehensive plan.

(11)

Minor streets.

Minor streets shall be laid out so as to discourage their use by through traffic.

(12)

Pavement widths and rights-of-way.

Pavement widths and rights-of-way shall be as follows:

(a)

Minor streets shall have a right-of-way of at least 40 feet and a pavement width of at least 20 feet.

(b)

Nonresidential marginal access streets shall have a right-of-way width of at least 40 feet and a pavement width of at least 2g feet.

(c)

Residential marginal access streets shall have a right-of-way width of at least 40 feet and a pavement width of at least 20 feet.

(13)

Pavement widths and rights-of-way of streets forming part of the boundary of the subdivision (adjacent) shall be as follows:

(a)

The subdivider shall dedicate a right-of-way of 50 feet in width for new adjacent arterial streets, and 30 feet of such right-of-way shall be paved.

(b)

New adjacent collector, minor or marginal access streets shall conform to Paragraph B(12) of this Section.

(c)

Where the proposed subdivision abuts upon an existing street or half-street that does not conform to Paragraph B(12) of this Section, the subdivider shall dedicate right-of-way sufficient to make the full right-of-way width conform to such paragraph, and there shall be paved so much of such right-of-way as to make the full pavement width comply with such paragraph. Before any pavement is laid to widen existing pavements, the existing pavement shall be cut back 2 feet to assure an adequate sub-base and pavement joint.

(14)

Curbs.

Curbs shall be installed by the subdivider on both sides of all interior streets, and on the subdivision side of all streets forming part of the boundary of the subdivision.

(15)

Street Names.

Names of new streets shall not duplicate or cause confusion with the names of existing streets, unless the new streets are a continuation of or in alignment with existing streets, in which case names of existing streets shall be used.

(16)

Street lights and street sign installation shall be the responsibility of the City.

Alleys

(1)

Width and paving.

Alleys of not less than 20 feet in right-of-way width and pavement width shall be installed by the subdivider in all business and industrial areas. In residential areas, alleys not less than 20 feet in right-of-way width, with paved surface of not less than 16 feet in width, shall be optional. All alley paving shall be done in accordance with City Standards. Alleys shall be approximately parallel to the frontage of the street.

(2)

Intersecting alleys or utility easements.

Where two alleys or utility easements intersect or turn at a right angle, a cutoff of not less than 10 feet from the normal intersection of the property or easement line shall be provided along each property or easement line.

(3)

Dead-end Alleys.

Dead-end alleys shall not be permitted.

(4)

Alleys which do not connect on a straight course.

If alleys are not themselves straight within each block, or if the same do not connect on a straight course with the alleys of adjoining blocks, then an easement shall be provided for the placing of guy wires on lot division lines in order to support poles set on curving or deviating rights-of-way of alleys.

Utility easements.

(1)

Each block that does not contain an alley as provided for in Paragraph C of this Section shall have a utility easement at the rear of all lots reserved for the use of all public utility lines, conduits, and equipment. These utility easements shall be 16 feet in width, taking 8 feet from each lot where the rear of two lots abut each other, and shall be continuous for the entire length of the block. These easements shall parallel as closely as possible the street line frontage of the block. Such easement shall not be considered a part of the lot area for purposes of minimum lot-size requirements of this Ordinance.

(2)

Normal curb exposure shall be required where utility easements intersect streets.

(3)

Where utility easements are not themselves straight within each block, or if the same do not connect on a straight course with the utility easements of adjoining blocks, then an additional easement shall be provided for the placing of guy wires on lot division lines in order to support poles set on curving or deviating rights-of-way or alleys.

Sidewalks.

Sidewalks shall be installed as follows: (At the option of the developer.)

(1)

On the subdivision side of all arterial streets adjacent to the subdivision and not paralleled by a marginal access street;

(2)

On the subdivision side of all collector streets adjacent to the subdivision if no adequate sidewalk exists on the opposite side of the street;

(3)

On the residence side of all marginal access streets whether adjacent to the subdivision or internal;

(4)

On both sides of all internal arterial streets not paralleled by a marginal access street;

(5)

On the north or east side of all internal collector streets;

(6)

As deemed necessary by the council in commercial, industrial, public, multi-family areas; and

(7)

Such additional sidewalks as the subdivider may desire.

Water Installations.

(1)

Water supply and distribution.

All subdivisions shall be provided with water supply and water distribution systems approved by the City Manager. See Appendix I.

(2)

Fire hydrants.

Standard fire hydrants shall be installed as part of the water distribution system per specifications of the Fire Chief of the City and of the State Board of Insurance. See Appendix I.

Sewers.

(1)

All subdivisions shall be provided with an approved sewage disposal system. See appendix II.

(2)

Connection with the sanitary sewer systems shall be required except where the Council determines that such connection will require unreasonable expenditure when compared with other methods of sewage disposal. Where septic tanks are installed, the subdivider shall conduct percolation tests acceptable to the Texas State Health Department in order to determine the adequacy of proposed lot sizes. If a sanitary sewage disposal system is to be installed, the plans for such system must be approved by the Texas State Health Department, prior to approval of the final plat by the Council.

Utility Lines.

All utility lines that pass under a street or alley shall be installed before the street or alley is paved. When it is necessary that utility lines pass under the street or alley pavement, they shall be installed to a point at least 3 feet beyond the edge of the pavement.

Monuments.

(1)

Monuments shall be located at the intersection of a line 3 feet north from and parallel to the north line of each block with a line 3 feet east from and parallel to the east line of the block, unless such point of intersection occurs within the limits of street paving. In such a case, alternate monument locations shall be approved by the City Manager.

(2)

Where, due to topographic conditions, permanent structures, or other conditions, the view is obstructed between any two adjacent monuments, intermediate monuments shall be so set as to assure a clear view between adjacent monuments.

Drainage.

(1)

Easement.

Where a subdivision is traversed by a water course, drainage way, natural channel or stream, there shall be provided an easement or right-of-way conforming substantially to the limit of such water course, plus additional width to accommodate future needs.

(2)

Drainage facilities.

Drainage facilities shall be provided and constructed as specified by the City Manager. See Appendix III

Blocks.

Block lengths shall not exceed 2000 feet, nor be less that 220 feet.

Crosswalk ways.

Crosswalk ways 6 feet in width shall be dedicated where deemed necessary by the Commission to provide circulation or access to schools, playgrounds, shopping centers, and transportation and other community facilities, or to provide pedestrian circulation within the subdivision. Crosswalk ways shall be provided with a concrete sidewalk six (6) feet wide.

Lots.

(1)

Sewered Lots.

Where off-lot sewerage is provided, each residential lot shall have an area of at least 5,000 square feet, shall be at least 100 feet deep and shall be at least 50 feet wide. In case of irregularly shaped lots, the minimum width shall be measured at the front building line.

(2)

Unsewered lots.

Where off-lot sewerage is not required and is not provided, residential lots shall have an area of at least 12,000 square feet, shall be at least 120 feet deep, and shall be at least 100 feet wide. Where the result of the percolation test prescribed in Paragraph G of this Section, the Director of Public Works deems the minimum lot area insufficient, the Council shall require additional area sufficient to accommodate the sanitary facilities deemed necessary by the City Manager. In case of irregularly shaped lots, the minimum width shall be measured at the front building line.

(3)

Corner lots.

Corner lots shall be at least 60 feet wide. Lots abutting on crosswalk ways shall be treated as corner lots.

(4)

Frontage.

Each lot shall front upon a public street. Lots of irregular shape shall not be allowed unless they have a street frontage of at least 40 feet.

(5)

Side lot lines.

Side lot lines shall be substantially at right angles to straight street lines and radial to curved street lines.

(6)

Minimum setback lines.

Minimum front building setback lines shall be required of at least 20 feet. Where a corner lot is a key lot (where lots face the frontage street and other lots face the side street), the corner lot shall have at least the minimum building setback line on both streets. Where a corner lot is not a key lot, it shall have a minimum building setback line in the side street of at least 10 feet. Lots abutting a crosswalk way shall be treated as corner lots.

(7)

Rear yards.

Minimum rear yard depths shall be required of at least 25 per cent (25%) of the depth of the lot, however, the depth need not exceed 50 feet from the centerline of the alley or rear utility easement.

(8)

Side yards.

Minimum side yards on each side of buildings on interior lots and on the building side of corner lots, shall be required of at least 10 per cent (10%) of the width of the lot, or 5 feet, whichever is greater. Lots abutting on crosswalk ways shall be treated as corner lots.

(9)

Extra depth and width in certain cases.

Where a lot in a residential area backs up to a railroad right-of-way, a high-pressure gasoline, oil or gas line, an arterial street, an industrial area, or other land use which has a depreciating effect on the residential use of property, and where no marginal access street or other street is provided at the rear of such lot, additional depth shall be required by the Council. In no case shall a depth in excess of 175 feet be required. Where a lot sides to any of the above, additional width shall be required by the Commission, but in no event shall a width in excess of 150 feet be required.

§ 11 Responsibility for Payment of Installation Costs.

The subdivider or developer shall be required to construct, at his expense all streets, alleys, sanitary sewers, sewage lift stations, or other sewer facilities, water mains and water systems, drainage culverts, storm sewers, bridges and other appurtenances in strict accordance with the construction standards of the City of Atlanta, necessary and required to adequately serve the subdivision or addition to be developed by him.

All streets, utilities and other appurtenances constructed by the developer shall become the property of the City of Atlanta upon completion and acceptance by the City Manager.

Upon passage of this ordinance, it will be the policy of the City of Atlanta to participate with the developer in the cost of construction of such facilities where sizes and capacities of facilities are required to service urban development of a larger area than that being subdivided or areas extending beyond the limits of the proposed subdivision; but-the city reserves the right to consider each facility on its own merit.

§ 12 Parks and Other Public Use Areas.

The location, size and shape of any proposed park, playground or other public use area shall be in accordance with the master plan of the City of Atlanta as amended or supplemented, as approved by the planning and zoning commission and finally accepted by the city council.

§ 13 Where subdivision is unit of a Larger Tract.

Where the proposed subdivision constitutes a unit of a larger tract owned by the subdivider, which is intended to be subsequently subdivided as additional units of the same subdivision, the preliminary and final plats shall be accompanied by a layout of the entire area, showing the tentative proposed layout of streets, blocks, drainage, water sewerage, and other improvements for such areas. The overall layout, if approved by the Commission, shall be attached to and filed with a copy of the approved subdivision plat in the permanent files of the City Manager. Thereafter, plats of subsequent units of such subdivision shall conform to such approved overall layout, unless changed by the Council. However, except where the subdivider agrees to such change, the Council may change such approved overall layout only when the Council finds:

(1)

That adherence to the previously approved overall layout will hinder the orderly subdivision of other land in-the area in accordance with the provisions of this Ordinance; or

(2)

That adherence to the previously approved overall layout will be detrimental to the public health, safety or welfare, or will be injurious to other property in the area.

§ 14 Authority of the City Manager. See Appendix I - II- III.

The City Manager is hereby authorized and directed to promulgate rules, regulations, standards and specifications for the construction, installation, design, location and arrangement of streets, curbs, street lights, street signs, alleys, utility layouts, utility easements, gates for utility easements, sidewalks, water supply and water distribution systems, fire hydrants, sewage for drainage easement requirements, drainage facilities, and crosswalk ways. He shall file same with the City clerk at least 10 days before they become effective. No such rules, regulations, standards and specifications shall conflict with this or any other ordinances of the City of Atlanta, Texas. All such improvements shall be constructed, installed, designed, located and arranged by the subdivider in accordance with such rules, regulations, standards and specifications.

§ 15 Conflict with Other Ordinances.

Whenever the standards and specifications in this Ordinance conflict with those contained in another ordinance, the most stringent or restrictive provision shall govern.

§ 16 Separability Clause.

Should any portion or part of this Ordinance be held for any reason invalid or unenforceable, the same shall not be construed to affect any other valid portion hereof, but all valid portions hereof shall remain in full force and effect.

§ 17 Penal Provisions.

Any person violating any provision of this Ordinance within the corporate limits of the City of Atlanta, Texas, shall be guilty of a misdemeanor, and, upon conviction shall be fined an amount not exceeding two hundred dollars ($200.00). Each day that such violation continues shall be a separate offense. Prosecution or conviction under this provision shall never be a bar to any other remedy or relief for violations of this Ordinance.

This Ordinance shall be effective from and after its passage or from and after the 18th day of January, 1971.
PASSED AND APPROVED This the 18th day of January A. D 1971 with an effective date of January 18th, 1971.
	SIGNED:
	/s/ W. R. Alexander Mayor W.R. Alexander
ATTEST
/s/ Charles A. Long City Secretary, Charles Long