The specifications for materials and workmanship shall conform
to the latest edition of the “Standard Specifications for Public
Works Construction,” published by the North Central Texas Council
of Governments.
The City Council hereby delegates all future authority to draft,
amend, approve and/or adopt any and all Engineering Standards for
development, drainage, traffic flow and construction related matters
to the City Administrator, or her/his designee, with the input of
the City Engineer.
The Engineering Standards may be drafted, amended, approved
and/or adopted, from time to time, at the discretion and determination
of the City Administrator, or her/his designee, with the input of
the City Engineer. As Engineering Standards are drafted, amended,
approved and/or adopted by the City Administrator, or her/his designee,
said standards shall be included and substituted for the existing
Engineering Standards, and shall thereafter have the same force of
law and effect as if originally adopted hereby. Prior to the adoption
of any new or amended provision within the Engineering Standards,
such new or amended provision shall be posted on the City of Bells’
official website for a minimum of thirty (30) calendar days. The City
shall provide notice by using a link to the Engineering Standards,
for a minimum of thirty (30) calendar days prior to the enforcement
of such new or amended provisions. Any individual may request to receive
written notice of any new or amended provision to the Engineering
Standards by providing said request in writing to the City Administrator.
A copy of the current Engineering Standards shall be kept on file
and available for review at City Hall.
The City Council hereby delegates all future authority to draft,
amend, approve and/or adopt any and all Engineering Procedures, including
checklists, review criteria and forms, to the City Administrator,
or her/his designee, with the input of the City Engineer[.]
(Ordinance 08102021A adopted 6/14/22)
Construction shall be inspected by the City Engineer or City
representative. Completion of construction to the approved plans and
specifications of the City of Bells is the responsibility of the Developer
and Contractors. The responsibility of the City Engineer is to assure
conformance to the accepted plans and specifications. Any change in
design required during construction shall be made by the Engineer
whose seal and signature are shown on the plans and shall be accepted
by the City Engineer prior to making such changes.
The City Engineer, or his duly authorized representatives, shall
make periodic inspection of the construction of improvements for subdivisions.
Inspection of improvements by the City Engineer or his representative
is not intended to and does not relieve the subdivider, or his contractor,
from ensuring that the improvements are constructed in accordance
with the accepted plans and specifications. The subdivider, or his
contractor, shall maintain contact with the City Engineer, or his
representative, during construction of improvements.
No sanitary sewer, water or storm sewer pipe shall be covered
without approval of the City Engineer, or his representative. No flexible
base material, subgrade material, or stabilization shall be applied
to the street subgrade without said approval. No concrete shall be
poured nor asphaltic surface applied to the base without said approval.
The City Engineer, or his representative, may at any time cause
any construction, installation, maintenance, or location of improvements
to cease when, in his judgment, the requirements of this ordinance
or the standards and specifications as hereinbefore provided have
been violated, any [and] may require such reconstruction or other
work as may be necessary to correct any such violation.
The City of Bells may contract with an independent inspection
service to provide inspection, code enforcement and other inspection
related services.
The City of Bells may contract with an independent materials
testing firm to confirm that the requirements of this ordinance are
met. The cost of materials testing shall be borne by the developer.
Prior to final acceptance by the City of the improvements in
the subdivision, the Engineer for the Developer shall submit to the
City Engineer a complete, reproducible set of drawings of paving,
drainage, and other improvements showing all changes made in the plans
during construction and containing on each sheet an “As-Built”
stamp bearing the signature of the Engineer and the date. An electronic
file of the plat and any engineering plans shall also be submitted
to the City[.]
Generally, building permits will not be issued until completion
of all improvements within the subdivision or resubdivision and acceptance
by the City. The City Engineer shall have the authority, after reviewing
the progress of construction and other relevant matters, to release
portions of the subdivision for building permits. No building permit
will be issued until the Developer pays to City all applicable fees
and amounts and is found to be in compliance with all applicable ordinances,
agreements and requirements.
(Ordinance 08102021A adopted 6/14/22)
The subdivider shall furnish a good and sufficient maintenance
bond in the amount of one hundred percent (100%) of the contract price
of all public improvements, or in such amount as approved by the City
Engineer, with a reputable and solvent corporate surety in favor of
the city, to indemnify the city against any repairs which may become
necessary to any part of the construction of public improvements in
connection with the subdivision, arising from defective workmanship
or materials used therein, for a full period of two (2) years from
the date of final acceptance of the improvements. Final acceptance
will be withheld until said maintenance bond is furnished to the city.
(Ordinance 08102021A adopted 6/14/22)
The fees and charges shall be paid to the city when any preliminary
plat or final plat or other filing is tendered to the Planning and
Zoning Commission or any other authorized board or agency of the city.
Each of the fees and charges provided herein shall be paid in advance,
and no action of the commission or any other board or agency of the
city shall be valid until the fees and charges shall have been paid
to the city.
Except as hereinbefore provided, these fees and charges shall
be charged on all plats and filings, regardless of the action taken
by the commission or any other board or agency of the city, and whether
the plat or filing is approved or denied by the City Council.
(3)
Other
uses: For commercial, industrial, institutional, and other uses not
normally platted in lots:
(4)
Re-filing:
When a preliminary plat has not been accepted by the commission, and
the subdivider re-files a new design for all or a lesser portion of
the preliminary plat within ninety (90) days of such nonacceptance,
no new fee shall be charged for the refiling.
(5)
Inspection
Fee: An inspection fee of two and one-half percent (2.5%) of the cost
of construction of all site or public improvements, as determined
by the City Engineer, will be paid prior to the initiation of any
construction. Inspection fees are in addition to materials testing
fees borne by the developer.
(Ordinance 08102021A adopted 6/14/22)
Any person, firm or corporation who shall violate any of the
provisions of this ordinance or who shall fail to comply with any
provisions hereof shall be guilty of a misdemeanor and, upon conviction,
shall be subject to a fine not to exceed two thousand dollars ($2,000.00)
and each day that such violation continues shall constitute a separate
offense and shall be punishable accordingly. Unless otherwise specifically
set forth in this ordinance or in state law, as adopted, allegation
and evidence of a culpable mental state is not required for proof
of the violation of any provision of this ordinance.
In addition to and accumulative of all other penalties, Bells
shall have the right to seek injunctive relief for any and all violations
of this Ordinance.
(Ordinance 08102021A adopted 6/14/22)
Whenever the requirements of this ordinance of the city conflict
with any other ordinance or requirement, the most stringent or restrictive
provision shall govern. All Ordinances in conflict herewith as stated
are repealed to the extent they are in conflict. Any remaining portions
of conflicting ordinances shall remain in full force and effect. Whenever
the requirements of this ordinance conflict with the provisions of
an executed facilities agreement, the provisions of the facilities
agreement shall govern.
(Ordinance 08102021A adopted 6/14/22)
If any section, paragraph, clause, or part of this ordinance
is declared invalid or unenforceable for any reason, such declaration
shall not be held to invalidate or impair the validity, force or effect
of any other section, paragraph, clause, or part of this ordinance.
(Ordinance 08102021A adopted 6/14/22)
