(a) Purpose.
The provisions of this Ordinance, as set forth in this Section,
are designed and intended to insure that, for all subdivisions of
land within the jurisdiction of the City, all improvements as required
herein are installed in a timely manner in order that:
(1) The
City can provide for the orderly and economical extension of public
facilities and services.
(2) All
purchasers of property within the subdivision shall have a usable,
buildable parcel of land.
(3) All
required improvements are constructed in accordance with the City
Standard Details and Specifications.
(b) General
Policy.
(1) Upon
approval of a Final Plat, Amended Plat or Short Form Plat by the Commission,
and prior to it being signed by the Chairperson of the Commission
and the Mayor of the City, and before said Final Plat, Amended Plat
or Short Form Plat shall be allowed to be recorded in the Plat Records
of the County, the applicant requesting plat approval shall, within
the time period for which the Plat has been conditionally approved
by the City:
(i) Construct
all improvements as required by this Ordinance, and provide a surety
instrument guaranteeing their maintenance as required herein; or
(ii) Provide a surety instrument guaranteeing construction of all improvements
required by this Ordinance, and as provided for herein.
(2) In all
instances, the original copy of the Final Plat, Amended Plat or Short
Form Plat, without benefit of required signatures of City Officials,
shall be held in escrow by the City and shall not be released for
any purpose until such time as the conditions of this Section are
complied with.
(3) Upon
the requirements of this Section being satisfied, the Final Plat,
Amended Plat or Short Form Plat shall be considered fully approved,
except as otherwise provided for in this Ordinance, and the original
copy of the Plat shall be signed by the appropriate City officials
and City staff shall file said Plat in the Plat Records of the County.
(4) All
improvements shall be designed and installed so as to provide for
a logical system of utilities, drainage and streets and to create
continuity of improvements for the development of adjacent properties.
Water, wastewater, transportation and drainage improvements shall
be extended to the perimeter of the development, except that the Council
is authorized to vary or modify the requirement for extending water,
wastewater, transportation and drainage improvements to the perimeter
of a subdivision in accordance with the procedural requirements contained
in this Ordinance.
(c) Completion
of Improvements.
Prior to the signing of the approved
Final Plat, Amended Plat or Short Form Plat by the Chairman of the
Commission and Mayor of the City of Cameron, the developer shall:
(1) Complete
all improvements required by this Ordinance in accordance with the
approved Construction Plans and subject to the approval of the City
Engineer and acceptance by the City, except as otherwise provided
for in this Ordinance.
(2) Construct
all sidewalks as shown on the approved Construction Plans and according
to the City Standard Details and Specifications. Sidewalks must be
constructed and approved for each lot prior to issuance of a certificate
of occupancy.
(d) Alternative
to Completing Improvements.
The City may waive the requirement
that the developer complete all improvements required by this Ordinance
prior to the signing of the approved Plat, contingent upon securing
from the developer a guarantee, as provided for by this Section, for
completion of all required improvements, including the City’s
cost for collecting the guaranteed funds and administering the completion
of improvements, in the event the developer defaults. The Commission
and Council must be notified that this waiver was granted at the time
of Preliminary Plat approval or in the case of Amended Plats or Short
Form Plats upon notice and approval. Such guarantee shall take one
(1) of the following forms:
(1) Performance
Bond. The developer shall post a performance bond with the City, as
set forth herein, in an amount equal to one hundred ten percent (110%)
of the estimated construction costs for all remaining required improvements,
using the standard City form.
(2) Escrow
Account. The developer shall deposit cash, or other instrument readily
convertible into cash at face value, either with the City, or in escrow
with a bank or savings and loan institution. The use of any instrument
other than cash shall be subject to the approval of the City. The
amount of the deposit shall equal one hundred ten percent (110%) of
the estimated construction costs for all remaining required improvements.
In the case of any escrow account, the developer shall file with the
City an agreement between the financial institution and the developer
guaranteeing the following:
(i) That
the funds of said escrow account shall be held in trust until released
by the City and may not be used or pledged by the developer as security
in any other matter during that period.
(ii) That in the case of a failure on the part of the developer to complete
said improvements, the financial institution shall immediately make
the funds in said account available to the City for use in the completion
of those improvements.
Such escrow account agreement shall be prepared using the standard
City form.
|
(3) Letter
of Credit. The developer shall provide a letter of credit from a bank
or other reputable institution or individual. This letter shall be
submitted to the City and shall certify the following:
(i) That
the creditor does guarantee funds equal to one hundred ten percent
(110%) of the estimated construction costs for all remaining required
improvements.
(ii) That, in the case of failure on the part of the developer to complete
the specified improvements within the required time period, the creditor
shall pay to the City immediately, and without further action, such
funds as are necessary to finance the completion of those improvements,
up to the limit of credit stated in the letter.
(iii) That this letter of credit may not be withdrawn, or reduced in amount,
until approved by the City according to provisions of this Ordinance.
Such Letter of Credit shall be prepared using the standard City
form.
|
(4) Cost
Estimates. A registered professional engineer licensed to practice
in the State of Texas shall furnish estimates of the costs of all
required improvements to the City Engineer who shall review the estimates
in order to determine the adequacy of the guarantee instrument for
insuring the construction of the required facilities.
(5) Surety
Acceptance. The bank, financial institution, insurer, person or entity
providing any letter of credit, bond or holding any escrow account,
pursuant to this Ordinance, shall meet or exceed the minimum requirements
established by City ordinance and shall be subject to approval by
the City as provided in the ordinances of the City.
(6) Sufficiency.
Such surety shall comply with all statutory requirements and shall
be satisfactory to the City Attorney as to form, sufficiency, and
manner of execution as set forth in this Ordinance. All such surety
instruments shall be both a payment and performance guarantee.
(7) If the
project is located in the extraterritorial jurisdiction of the City,
and is subject to the bonding requirements of the County for the construction
of roadways, then that amount of money shall be reduced from the amount
required to be posted with the City, provided that the instrument
is transferable from the County to the City upon annexation.
(e) Time Limit
for Completing Improvements.
The period within which
required improvements must be completed shall be incorporated in the
surety instrument and shall not in any event, without prior approval
of the City, exceed one (1) year from date of Final, Amended or Short
Form Plat approval.
(1) The
Commission may, upon application of the developer and upon proof of
hardship, recommend to the Council extension of the completion date
set forth in such bond or other instrument for a maximum period of
one (1) additional year. Such hardship may include delays imposed
due to City projects. An application for extension shall be accompanied
by an updated estimate of construction costs prepared by a registered
professional engineer, licensed to practice in the State of Texas.
A surety instrument for guaranteeing completion of remaining required
improvements must be filed in an amount equal to one hundred ten percent
(110%) of the updated estimate of construction costs as approved by
the City Engineer.
(2) The
Council may at any time during the period of such surety instrument
accept a substitution of principal sureties upon recommendation of
the Commission.
(f) Failure
to Complete Improvements.
Approval of all plats shall
be deemed to have expired in subdivisions for which no assurances
for completion have been posted or the improvements have not been
completed within one (1) year of plat approval, unless otherwise approved
by the City. In those cases where a surety instrument has been required
and improvements have not been completed within the terms of said
surety instrument, the City may declare the developer and/or surety
to be in default and require that all the improvements be installed.
(g) Inspection
and Acceptance of Improvements.
The City Engineer shall
inspect all required improvements, to insure compliance with City
requirements and approved Construction Plans.
(1) When
all required improvements have been satisfactorily completed, the
City Engineer shall either:
(i) accept,
in writing, the improvements as having been satisfactorily completed,
or
(ii) issue a punch list to the developer denoting items remaining to be
completed.
(2) The
City Engineer shall have ten (10) working days to complete this inspection
upon notification by the developer.
(3) The
City Engineer shall issue the report within ten (10) working days
of the date of inspection.
(4) The
City shall not accept dedications of required improvements nor release
or reduce a performance bond or other assurance, until such time as
it determines that:
(i) All
improvements have been satisfactorily completed.
(ii) Two (2) copies of as-built plans have been submitted to and approved
by the City Engineer, along with a statement prepared by a licensed
professional engineer that all improvements have been installed and
constructed in accordance with the submitted as-built plans.
(iii) Copies of all inspection reports, shop drawings and certified test
results of construction materials have been submitted to and approved
by the City Engineer.
(iv) Diskette(s) containing computer generated drawings of all public
improvements shown on the Construction Plans have been submitted to
the City Engineer to update City record drawings.
(v) The
required maintenance guarantee has been provided.
(vi) Any and all other requirements identified in the platting process
have been satisfied.
(h) Reduction
or Release of Improvement Surety Instrument.
(1) A surety
instrument may be reduced with the approval of the City Engineer,
and the Treasurer/Director of Finance, upon actual construction of
required improvements by a ratio that the improvement bears to the
total public improvements required for the subdivision, as determined
by the City Engineer.
(2) Before
the City shall reduce said surety instrument, the developer shall
provide a new surety instrument in an amount equal to one hundred
ten percent (110%) of the estimated cost of the remaining required
improvements, and such new surety instrument shall comply with this
Ordinance.
(3) The
substitution of a new surety instrument shall in no way change or
modify the terms and conditions of the performance surety instrument
or the obligation of the developer as specified in the performance
surety instrument.
(4) In no
event shall a surety instrument be reduced below ten percent (10%)
of the principal amount of the original estimated total costs of improvements
for which surety was given, prior to completion of all required improvements.
(5) The
City shall not release a surety instrument unless and until all the
conditions of this Ordinance have been met.
(i) Warranty
and Maintenance Bond.
1. Before
the release of any surety instrument guaranteeing the construction
of required subdivision improvements or the signing of the Final,
Amended or Short Form Plat where subdivision improvements were made
prior to the filing of the plat for recordation, the developer shall
furnish the City with a guarantee and maintenance bond or other surety
instrument to assure the quality of materials and workmanship, and
maintenance of all required improvements including the City’s
costs for invoking the surety instrument and administering the correction
and/or replacement of covered improvements in the event the developer
defaults.
2. The warranty
and maintenance bond or other surety instrument shall be satisfactory
to the City Attorney as to form, sufficiency, and manner of execution.
3. Said warranty
or other instrument shall be in an amount equal to one hundred percent
(100%) of the cost of improvements verified by the City Engineer and
shall run for a period of one (1) calendar year measured from the
date of release of the performance surety instrument, or signing and
recording of the Final Plat, whichever is later.
4. Said maintenance
bond or other instrument shall be in an amount equal to one hundred
percent (100%) of the cost of improvements verified by the City Engineer
and shall run for a period of one (1) calendar year measured from
the date of release of the warranty bond.
5. In an instance
where a warranty or maintenance bond or other surety instrument has
been posted and a defect or failure of any required improvement occurs
within the period of coverage, the City will require performance under
bond or surety instrument.
(j) Plans
for Improvements.
Plans for the improvements required
by this Ordinance shall be prepared, reviewed and approved in accordance
with the provisions set forth in this Ordinance.
(k) Acceptance
of Improvements.
(1) During
the course of installation and construction of the required improvements,
the City Engineer or his/her designated representative shall make
periodic inspections of the work to insure that all improvements comply
with City requirements.
(2) Upon
completion of all required improvements, the developer may seek acceptance
of all public improvements by the City by following the procedures
set forth in the applicable sections of this Ordinance.
(l) Maintenance
of Improvements.
Where a subdivision contains drainage,
transportation, water or wastewater improvements, parks and grounds
held in common, or other physical facilities necessary or desirable
for the welfare of the area, or that are of common use or benefit
which will not be, or cannot be, satisfactorily maintained by an existing
public agency, provision shall be made which is acceptable to the
City Council for the proper and continuous operation, maintenance,
and supervision of such facilities. A copy of the agreements providing
for the proper and continuous operation, maintenance and supervision
of such facilities shall be presented to and approved by the Council,
and approved as to form by the City Attorney, at the time of Final
Platting and shall be filed of record with the plat thereof.
(Ordinance 2003-06-16-007 adopted 6/16/03)