City of Burleson, TX: Community facilities contract.

(Ord. No. CSO#1215-12-2019, § 1, 1-6-2020; Ord. No. 2080-06-2022 adopted 6/6/2022)

COMMUNITY FACILITIES CONTRACT CITY OF BURLESON
STATE OF TEXAS	§	PROJECT NAME:
COUNTIES OF TARRANT	§	CONTRACT NO.: 20_____-__
AND JOHNSON	§
This Contract is entered into on the_____ day of __________, 20 _____ by and between the CITY OF BURLESON, TEXAS, (hereinafter referred to as the "City"), and __________, a Texas (State) corporation (hereinafter referred to as the "Developer").
WHEREAS, the Developer is the owner of land which has been platted as __________ to the City of Burleson, Johnson County, or Tarrant County (whichever is applicable) Texas (hereinafter referred to as the "Subdivision"); and
WHEREAS, the Developer is required to install certain public improvements as required in this Contract (hereinafter referred to as the "Community Facilities") to serve the lots in the Subdivision; and
WHEREAS, the Developer elects to make the Community Facilities at the Developer's cost; and
WHEREAS, the Developer recognizes that the City has an interest in ensuring that the Community Facilities are properly constructed in accordance with City specifications and are paid for by the Developer, because they will become public property upon completion and acceptance by the City; and
WHEREAS, this Contract shall operate as a covenant running with the land and shall be binding upon the Developer and its successors, heirs, representatives, grantees, trustees, officers, agents, servants, employees and assigns;
NOW, THEREFORE, the City and the Developer, in consideration of the mutual covenants and agreements contained herein, do mutually agree as follows:

Covenants of the Developer.

The Developer shall install the Community Facilities for the Subdivision at no cost to the City. The Community Facilities shall include the items shown on the construction plans and specifications as released for construction by the City.

The Developer shall employ the Developer's own engineer to prepare the plans and specifications for the Community Facilities, and all engineering work shall comply with the requirements of the City's Subdivision Ordinance and Design Standards Manual. The Developer's engineer shall be a civil engineer licensed to practice in Texas. All plans and specifications prepared by the Developer's engineer must be released for construction in writing by the City Engineer of the City before the construction contract for the Community Facilities is entered.

The Developer shall construct and install the Community Facilities in accordance with the plans and specifications prepared by the Developer's engineer and released for construction by the City Engineer, and the procedures, specifications and standards contained in the Subdivision Ordinance and Design Standards Manual of the City. In general, the construction shall follow provisions of the "Standard Specifications for Public Works Construction, North Central Texas," as amended, published by the North Central Texas Council of Governments, except however, when specific circumstances dictate additional requirements, it shall be the responsibility of the Developer's engineer to provide the necessary details for construction acceptable to the City Engineer. The "Standard Specifications for Public Works Construction, North Central Texas," as amended, are incorporated in this Contract by reference and made a part hereof, and the Developer may obtain a copy from the North Central Texas Council of Governments. The Developer shall perform all work in a good and workmanlike manner and to the satisfaction of the City Engineer.

The Developer shall meet the City's requirements for all work to be performed by persons that are licensed and bonded, and shall provide a financial statement, demonstrate experience, and utilize equipment acceptable to the City.

Before commencing construction, the Developer shall deliver to the City Engineer a signed copy of the contract for construction of the Community Facilities. It is agreed that the City has an interest in the proper performance of the construction contract and may bring suit for failure to comply with the plans and specifications. The Developer shall provide the City with access to the project for the purpose of inspection of the installation of the Community Facilities.

Prior to initiating any construction of the Community Facilities, the Developer shall provide the City with one original and one copy of the following construction bonds, which shall name the City as beneficiary:

Performance Bond.

If the contract for construction of the Community Facilities is for an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), a good and sufficient Performance Bond in an amount equal to 100 percent of the total contract price, guaranteeing the full and faithful execution of the work and performance of the contract and for the protection of the City against any improper execution of the work or the use of inferior materials. The Performance Bond be made in favor of the City and shall guarantee completion of the Community Facilities within two years of execution of this Contract.

Payment Bond.

If the construction contract for construction of the Community Facilities is for an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), a good and sufficient Payment Bond in an amount equal to one hundred percent of the total contract price of the construction contract, guaranteeing payment for all labor, materials and equipment used in construction of the Community Facilities. The Payment Bond shall be made in favor of the City and all persons, firms or corporations who may furnish materials for or perform labor upon the Community Facilities hereunder.

Maintenance Bond.

A good and sufficient Maintenance Bond in an amount equal to 100 percent of the total cost of the Community Facilities (including all change orders) guaranteeing the maintenance in good condition of the Community Facilities for a period of two years from and after the date that a Letter of Acceptance is issued by the City indicating that the Community Facilities have been completed by the Developer and accepted by the City. The Maintenance Bond shall be made in favor of the City.

In the alternative, the Developer may furnish a cash deposit, or certificate of deposit as security. Such forms of security shall be held by the City for a period of two years or until any deficiencies identified at the expiration of the two-year maintenance period are corrected, whichever occurs last.

Each bond shall be in a form acceptable to the City and shall be written by a surety company duly authorized to do business in the State of Texas, provided that the Mayor shall have the right to reject any surety company for any work under this Contract.

Bonds from the Developer's prime contractor(s) or other entity acceptable to the City, may be accepted in lieu of Developer's obligations specified above, at the discretion of the City Manager or the City Manager's designee.

The Developer covenant and agree to, and by these presents do hereby, fully indemnify, hold harmless, and defend the City, its officers, agents and employees, from all suits, actions or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by the Developer, its contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, on account of any act, intentional or otherwise, neglect or misconduct of said Developer, its contractors, subcontractors, officers, agents, or employees, whether or not such injuries, death or damages are caused, in whole or in part, by the alleged negligence of the City of Burleson, its officers, agents, servants or employees.

Release of the plans and specifications for construction by the City Engineer or other City employee(s) of any plans, designs or specifications submitted by the Developer pursuant to this Contract shall not constitute or be deemed to be an assumption of the responsibility and liability of the Developer for the competency of the Developer's design and specifications for the Community Facilities, it being the intent of the parties that release of the plans and specifications by the City Engineer or other City employee(s) signifies the City's acceptance of only the general design concept of the Community Facilities to be constructed. In this connection, the Developer shall indemnify and hold harmless the City, its officers, agents, servants and employees from any loss, damage, liability claim, obligation, penalty, charge, cost or expense including property damage, personal injury or death, to any and all persons, which may arise out of any defect, deficiency or negligence of the Engineer's design and specifications incorporated into any of the Community Facilities constructed in accordance therewith, whether or not such loss, damage, liability, claim, obligation, penalty, charge, cost or expense is caused in whole or in part by the alleged negligence of the City, its officers, agents, servants or employees, and the Developer shall defend at its own expense any suits or other proceedings brought against the City, its officers agents, servants or employees or any of them, on account thereof, and shall pay all expenses (including without limitation reasonable fees and expenses of attorneys, expert witnesses and consultants) and satisfy all judgments which may be incurred by or rendered against them in connection therewith.

The Developer shall, at his own expense, purchase, maintain and keep in force during the term of this Contract the insurance set forth below. The Developer shall not commence work on the Community Facilities until the Developer has obtained all the insurance required under this Contract and such insurance has been approved by the City, nor shall the Developer allow any subcontractor to commence work on his subcontract until all similar insurance of the subcontractor has been obtained and approved. All insurance policies provided under this Contract shall be written on an "occurrence" basis.

Compensation Insurance
Workers Compensation	Statutory Limit
Employers Liability	$100,000 Each Occurrence $500,000 Disease-Each Employee
Liability Insurance
Commercial General Liability (No standard coverages are to be excluded by endorsement)	$500,000 Combined Single Limit
Automobile Liability Insurance
Commercial Auto Liability Policy (including coverage for owned, hired and non-owned autos)	$500,000 Combined Single Limit
Umbrella Liability
(Following Form and Drop Down Provisions included)	$1,000,000 Each Occurrence

It is agreed by all parties to this Contract that the insurance required under this Contract shall:

Be written with the City of Burleson as an additional insured.

Provide for thirty (30) days written notice to the City of cancellation or material change in coverage.

Be written through companies duly authorized to write the particular class of insurance in the State of Texas.

Waive subrogation rights for loss or damage so that insureds have no right to recovery or subrogation against the City of Burleson, it being the intention of this Contract that the required insurance policies shall protect all parties to this Contract and be primary coverage for all losses covered by the policies.

Provide a certificate of insurance evidencing the required coverages to:

City of Burleson

Public Works Department/Engineering/Development

141 W. Renfro Street

Burleson, Texas 76028

Insurance policies from the Developer's prime contractor(s) or other entity acceptable to the City, may be accepted in lieu of Developer's obligations specified above, at the discretion of the City Manager or the City Manager's designee. Any such policy submitted shall not be subject to limitations, conditions or restrictions deemed inconsistent with the intent of the insurance requirements described in this contract.

During construction of the Subdivision and after the streets have been installed, the Developer agrees to keep the streets free from collection of soil. The Developer agrees to use soil control measures such as hay bales, silt screening, hydromulch, or other applicable measures to prevent soil erosion. It will be the Developer's responsibility to present to the City Engineer a stormwater pollution prevention plan that will be implemented for the Subdivision. When, in the opinion of the City Engineer, there is sufficient soil collected on the streets or other drainage areas and notification has been given to the Developer, the Developer will have 24 hours to clear the soil from the streets or affected areas. If the Developer does not remove the soil from the streets or other areas within 24 hours, the City may cause the soil to be removed either by contract or City forces and place the soil within the subdivision at the developer's expense. All expenses must be paid to the City prior to the issuance of a Letter of Acceptance for the Community Facilities.

The Community Facilities shall be completed within two (2) years from the effective date of this contract.

Upon completion of the Community Facilities and issuance of a Letter of Acceptance by the City, the Community Facilities shall become the property of the City free and clear of all liens, claims, charges or encumbrances of any kind.

The parties understand and agree that the City has no obligation to participate or contribute to the cost of designing or constructing the Community Facilities, nor shall the City be liable for any portion of the costs incurred by the Developer, or the Developer's officers, agents, employees, contractors or subcontractors for the design and construction of the Community Facilities, unless a separate agreement is executed by the City and the Developer concerning such participation by the City.

Covenants of the City.

Upon proper completion of the Community Facilities, the City agrees to accept the Community Facilities by a written Letter of Acceptance. It is understood and agreed that the City shall have no liability or responsibility for the Community Facilities until a Letter of Acceptance is issued.

Miscellaneous.

Compliance with Laws.

The Developer hereby agrees to comply with all federal, state and local laws and ordinances that are applicable to development of the Subdivision.

Venue and Governing Law

Venue of any action brought hereunder shall be in Johnson County, Texas. The terms and provisions of this Contract shall be construed in accordance with the laws of the State of Texas.

Assignment

Neither this Contract nor any part hereof or any interest herein shall be assigned by the Developer without the express written consent of the City Manager of the City, which consent shall not be unreasonably withheld.

Waiver

The Developer expressly acknowledge that by entering into this Contract, the Developer, its successors, heirs, assigns, vendors, grantees, trustees, and/or representatives shall never construe this Contract as waiving any of the requirements of the Zoning Ordinance, Subdivision Ordinance, Design Standards Manual, the Standard Specifications or any other ordinance of the City.

Amendments

This Contract may be amended only by a written instrument signed by the Developer and the City.

Liens and Assessments

If the Developer fails to comply with any of the provisions of this Contract, the City shall be authorized to cease issuance of any certificates of occupancy or building permits on property in the Subdivision owned by the Developer. Should the Developer fail to complete construction of the Community Facilities, in addition to any other remedy authorized by this Contract or by law, the City shall be authorized to complete such construction and file a mechanic's lien against the Developer's property in the Subdivision, or in the alternative, to levy an assessment against the Developer's property for public improvements in accordance with state law.

Continuity

This Contract shall be a covenant running with the land and shall be binding upon the Developer, its successors in title, heirs, assigns, grantees, trustees, and/or representatives.

Severability

If any of the terms, sections subsections, sentences, clauses, phrases, provisions, covenants or conditions of this Contract are held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the Contract shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

IN WITNESS WHEREOF, each of the parties has executed this Contract by its undersigned duly authorized representative as of the date first written above.

DEVELOPER:

BY: _______________________

NAME:_______________________

(print)

TITLE:_______________________

ADDRESS:_______________________

THE CITY OF BURLESON:

BY: _______________________

CITY MANAGER

141 West Renfro Street

Burleson, Texas 76028

STATE OF TEXAS	§
	§	CITY
COUNTY OF JOHNSON	§
This instrument was acknowledged before me on the _____ day of __________, 20 _____, by __________, Mayor of the City of Burleson, Texas, a municipality, on behalf of said municipality.
[SEAL]
_______________________ Notary Public in and for the State of Texas
_______________________ Type or Print Notary's Name
My Commission Expires_______________________

THE STATE OF TEXAS	§
	§	DEVELOPER
COUNTY OF JOHNSON	§
Before me __________, on this day personally appeared __________, known to me [or proved to me on the oath of __________, or through __________ (description of identity card or other document)] 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 consideration therein expressed.
Given under my hand and seal of office, this _____ day of _____, 20_____.
[SEAL]
_______________________ Notary Public in and for the State of Texas
_______________________ Type or Print Notary's Name
My Commission Expires:_______________________

THE STATE OF TEXAS	§	Maintenance Bond
COUNTY OF _____	§
KNOW ALL MEN BY THESE PRESENTS:
THAT __________ of _____ County, Texas, hereinafter referred to as "DEVELOPER," and __________, a corporation organized under the laws of the State of __________ and authorized to do business in the State of Texas, hereinafter referred to as "SURETY", are held and firmly bound unto _____ __________ and the CITY OF BURLESON, TEXAS, a municipal corporation located in Johnson County, Texas, hereinafter referred to as "CITY", in the penal sum of __________ DOLLARS ($_____), lawful money of the United States, to be paid in Burleson, Johnson County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally; and firmly by these presents, the condition of this obligation is such that,
WHEREAS, DEVELOPER entered into a certain contract with __________ __________, dated the _____ day of __________, 20_____, in the proper performance of which the CITY OF BURLESON has an interest, a copy of which is attached hereto and made a part hereof, for the construction of:
____________________; NOW THEREFORE,
If DEVELOPER will maintain and keep in good repair the work herein contracted to be done and performed for a period of two (2) years from the date of acceptance and do all necessary backfilling that may arise on account of sunken conditions in ditches, or otherwise, and do and perform all necessary work and repair any defective condition growing out of or arising from the improper joining of same, or on account of any breaking of same caused by said DEVELOPER in laying or building same, or on account of any defect arising in any of said work laid or constructed by said DEVELOPER, or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work or labor performed by said DEVELOPER, then this obligation shall be void, otherwise to remain in full force and effect; and in case said DEVELOPER shall fail to do so, it is agreed that CITY may do said work and supply such materials and charge the same against said DEVELOPER and SURETY on this obligation, and said DEVELOPER and SURETY herein shall be subject to the liquidated damages mentioned in said contract for each days' failure on its part to comply with the terms of said provisions of said contract.
Provided, further, that if any legal action is filed on this Bond, venue shall lie in Johnson County, Texas.
And, that said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work performed thereunder, or the plans, specifications, drawings, etc. accompanying same shall in any way affect its obligation on this Bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder.
The Undersigned and designated agent is hereby designated by SURETY herein as the resident agent in either Johnson or Tarrant Counties to whom any requisite notice may be delivered and on whom service of process may be had in matters arising out of such suretyship.
IN WITNESS WHEREOF, this instrument is executed on this the _____ day of __________, 20_____.
WITNESS		DEVELOPER
_______________________ Signature		_______________________ Signature
_______________________ Typed/Printed Name		_______________________ Typed/Printed Name
_______________________ Address		_______________________ Address
WITNESS		SURETY
_______________________ Signature		_______________________ Signature
_______________________ Typed/Printed Name		_______________________ Typed/Printed Name
_______________________ Address		_______________________ Address
_______________________		_______________________
The Resident Agent of the SURETY in either Johnson or Tarrant County, Texas, for delivery of notice and service of process is:
NAME ______________________________________________________
ADDRESS ___________________________________________________
NOTE: Date of Bond must NOT be prior to date of contract.

THE STATE OF TEXAS	§
			Performance Bond
COUNTY OF _____	§
KNOW ALL MEN BY THESE PRESENTS:
THAT __________ of __________ County, Texas, hereinafter referred to as "DEVELOPER," and __________, a corporation organized under the laws of the State of __________ and authorized to do business in the State of Texas, hereinafter referred to as "SURETY," are held and firmly bound unto __________ and the CITY OF BURLESON, TEXAS, a municipal corporation located in Johnson County, Texas, hereinafter referred to as "CITY," in the penal sum of __________ DOLLARS ($__________) lawful money of the United States, to be paid in Burleson, Johnson County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally; and firmly by these presents, the condition of this obligation is such that,
WHEREAS, DEVELOPER entered into a certain contract with __________ __________, dated the __________ day of __________, 20_____. In the proper performance of which the CITY OF BURLESON has an interest, a copy of which is attached hereto and made a part hereof, for the construction of:
____________________; NOW THEREFORE,
If DEVELOPER shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said contract in accordance with the plans, specifications and contract documents during the original term thereof, and any extension thereof which may be granted with or without notice to SURETY, and during the life of any guaranty required under the contract, and shall also well and truly perform and fulfill all the covenants, terms, conditions and agreements of any and all authorized modifications of said contract that may hereafter be made, notice of which modifications to SURETY being hereby waived, then this obligation shall be void, otherwise to remain in full force and effect; and in case said DEVELOPER shall fail to do so, it is agreed that CITY may do said work and supply such materials and charge the same against said DEVELOPER and SURETY on this obligation, and said DEVELOPER and SURETY hereon shall be subject to the liquidated damages mentioned in said contract for each days' failure on its part to comply with the terms of said provisions of said contract.
Provided, further, that if any legal action is filed on this Bond, venue shall lie in Johnson County, Texas.
This Bond is executed pursuant to the provisions of Chapter 2253 of the Government Code, as the same may be amended from time to time, and all liabilities on this Bond shall be determined in accordance with the provisions of said Chapter to the same extent as if they were fully copied at length herein.
Surety, for value received, stipulates and agrees that the Bond shall automatically be increased by the amount of any change order or supplemental agreement which increases the contract price with or without notice to the Surety and that no change, extension of time, alternation or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder.
The undersigned and designated agent is hereby designated by SURETY herein as the resident agent in either Johnson or Tarrant Counties to whom any requisite notice may be delivered and on whom service of process may be had in matters arising out of such suretyship.
IN WITNESS WHEREOF, this instrument is executed on this the _____ day of __________, 20_____.
WITNESS		DEVELOPER
_______________________ Signature		_______________________ Signature
_______________________ Typed/Printed Name		_______________________ Typed/Printed Name
_______________________ Address		_______________________ Address
WITNESS		SURETY
_______________________ Signature		_______________________ Signature
_______________________ Typed/Printed Name		_______________________ Typed/Printed Name
_______________________ Address		_______________________ Address
_______________________		_______________________
The Resident Agent of the SURETY in either Johnson or Tarrant County, Texas, for delivery of notice and service of process is:
NAME _____________________________________________________
ADDRESS __________________________________________________

THE STATE OF TEXAS	§
		Payment Bond
COUNTY OF ________	§

KNOW ALL MEN BY THESE PRESENTS:

THAT __________ of __________ County, Texas, hereinafter referred to as "DEVELOPER," and __________, a corporation organized under the laws of the State of __________ and authorized to do business in the State of Texas, hereinafter referred to as "SURETY," are held and firmly bound unto __________ and the CITY OF BURLESON, TEXAS, a municipal corporation located in Johnson County, Texas, hereinafter referred to as "CITY," in the penal sum of __________ DOLLARS ($__________), lawful money of the United States, to be paid in Burleson, Johnson County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally; and firmly by these presents, the condition of this obligation is such that,

WHEREAS, DEVELOPER entered into a certain contract with __________ __________, dated the _____ day of __________, 20_____. in the proper performance of which the CITY OF BURLESON has an interest, a copy of which is attached hereto and made a part hereof, for the construction of:

____________________; NOW THEREFORE,

If DEVELOPER shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to SURETY being hereby waived, then this obligation shall be void, otherwise to remain in full force and effect.

Provided, further that if any legal action be filed on this Bond, venue shall lie in Johnson County, Texas.

This Bond is executed pursuant to the provisions of Chapter 2253 of the Government Code, as the same may be amended from time-to-time, and all liabilities on this Bond shall be determined in accordance with the provisions of said Chapter to the same extent as if they were fully copied at length herein.

Surety, for value received, stipulates and agrees that the Bond shall automatically be increased by the amount of any change order or supplemental agreement which increases the contract price with or without notice to the Surety and that no change, extension of time, alternation or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder.

The Undersigned and designated agent is hereby designated by SURETY herein as the resident agent in either Johnson or Tarrant Counties to whom any requisite notice may be delivered and on whom service of process may be had in matters arising out of such suretyship.

IN WITNESS WHEREOF, this instrument is executed on this the _____ day of __________, 20_____.

WITNESS	DEVELOPER
_______________________ Signature	_______________________ Signature
_______________________ Typed/Printed Name	_______________________ Typed/Printed Name
_______________________ Address	_______________________ Address
WITNESS	SURETY
_______________________ Signature	_______________________ Signature
_______________________ Typed/Printed Name	_______________________ Typed/Printed Name
_______________________ Address	_______________________ Address
_______________________	_______________________
The Resident Agent of the SURETY in either Johnson or Tarrant County, Texas, for delivery of notice and service of process is:
NAME _____________________________________________________
ADDRESS __________________________________________________
Date: _______________________
SWPPP POST-CONSTRUCTION MAINTENANCE PLAN
Upon completion and final acceptance of a project, the Operator responsible for inlet protection will be required to maintain all necessary devices installed until such time as devices are no longer needed.
City personnel will notify the Operator when the inlet protection is no longer required. It will be the Operator's responsibility to remove and discard any unnecessary devices in a satisfactory method.

PROJECT:

OPERATOR ________________________________________________

(Name printed)

By: ________________________________________________________

(Signature)

___________________________________________________________

(Signer's name printed)

§ 9.2 Typical plat notes.

(Ord. No. CSO#1215-12-2019, § 1, 1-6-2020)

Plats with residential lots adjacent to a thoroughfare:

No direct residential access to (Street Name) will be permitted.

Plats with residential lots at street intersections:

Driveway approach locations on corner lots shall be located to approximately line up with the side of the house or garage that is farthest from the intersection.

Replats and amending plats:

This plat does not alter or remove existing deed restrictions or covenants, if any, on this property.

Plats with lots with any part contained within the floodplain: (For lots that are not required to submit a site plan or community facilities contract)

A floodplain development permit will be required for the following lots:

Plats containing private streets:

The private access and utility easement provides unrestricted use and maintenance of the property for utilities. This right extends to all utility providers. The easement also provides the City or County with the right of access for any purpose related to the exercise of a governmental service or function including, but not limited to, fire and police protection, inspection and code enforcement. The easement permits the City or County to remove any vehicle or obstacle within the street that impairs emergency access.

The following public services are not provided within this subdivision:

• Street Maintenance

• Routine Police Patrols

• Enforcement of Traffic and Parking Ordinance

• Preparation of Accident Reports

• Solid Waste Pickup

Plats containing drainage easements:

No fences or other structures will be allowed within the drainage easement.

All plats: (This note may need to be modified to correspond with the plat.)

The City of Burleson reserves the right to require minimum finish floor elevation on any lot within this subdivision. The minimum elevations shown are based on the most current information available at the time the plat is filed and may be subject to change.

All plats:

According to the Flood Insurance Rate Map (FIRM) Community Panel No. ____ dated ____ the subject property is located within the following zones: (choose as appropriate)

• Zone X - Areas determined to be outside the 500-year floodplain

• Zone X - Areas of 500-year flood

• Zone A - No base flood elevations determined

• Zone AE - Base flood elevations determined

Plats containing a private drainage easement for stormwater detention:

The City of Burleson is not responsible for the design, construction, operation, maintenance or use of any stormwater storage facility and associated drainage easements hereinafter referred to as "improvements," to be developed and constructed by developer or successors. Developer will indemnify, defend and hold harmless the City of Burleson, its officers, employees and agents from any direct or indirect loss, damage, liability or expense and attorneys' fees for any negligence whatsoever, arising out of the design, construction, operation, maintenance condition or use of the improvements, including any non-performance of the foregoing. Developer will require any successor in interest to accept full responsibility and liability for the improvements. All of the above shall be covenants running with the land. It is expressly contemplated that developer shall impose these covenants upon Lot(s) ____ abutting, adjacent or served by the improvements the full obligation and responsibility of maintaining and operating said improvements.

Plats with drainage easement dedicated for natural channel:

The City of Burleson is not responsible for the design, construction, operation, maintenance, or use of any natural creek and associated drainage easements, hereinafter referred to as "feature." Developer will indemnify, defend and hold harmless the City of Burleson, its officers, employees and agents from any direct or indirect loss, damage, liability or expense and attorneys' fees for any negligence whatsoever, arising out of the design, construction, operation maintenance, condition or use of the feature including any non-performance of the foregoing.

Developer will require any successor in interest to accept full responsibility and liability for the feature. All of the above shall be covenants running with the land. It is expressly contemplated that developer shall impose these covenants upon Lot(s) ____ abutting, adjacent or served by the feature the full obligation and responsibility of maintaining and operating said feature.

The following notes will be placed on plats within the ETJ of Burleson:

Blocking the flow of water or constructing improvements in the drainage easements, and filling or obstruction of the floodway is prohibited.

The existing creeks or drainage channels traversing along or across this addition will remain as open channels and will be maintained by the individual owners of the lot or lots that are traversed by or adjacent to drainage courses along or across said lots.

Johnson County will not be responsible for the maintenance and operations of said drainage ways or for the control of erosion.

Johnson County will not be responsible for any damage, personal injury or loss of life or property occasioned by flooding or flood conditions.

On-site sewage facility performance cannot be guaranteed even though all provisions of the Rules of Johnson County, Texas for Private Sewage Facilities are complied with.

Inspection and/or acceptance of a private sewage facility by the Johnson County Public Works Department shall indicate only that the facility meets minimum requirements and does not relieve the owner of the property from complying with County, State and Federal regulations. Private sewage facilities, although approved as meeting minimum standards, must be upgraded by the owner at the owner's expense if normal operation of the facility results in objectionable odors, if unsanitary conditions are created, or if the facility when used does not comply with governmental regulations.

A properly designed and constructed private sewage facility system, in suitable soil, can malfunction if the amount of water it is required to dispose of is not controlled. It will be the responsibility of the lot owner to maintain and operate the private sewage facility in a satisfactory manner.

Any public utility, including Johnson County, shall have the right to move and keep moved all or part of any buildings, fences, trees, shrubs, other growths or improvements which in any way endanger or interfere with the construction or maintenance, or efficacy of its respective systems in any of the easements shown on the plat; and any public utility, including Johnson County, shall have the right at all times of ingress and egress to and from said easements for the purpose of construction, reconstruction, inspection, patrolling, maintaining and adding to or removing all or part of its respective systems without the necessity at any time of procuring the permission of anyone.

§ 9.3 Plat certification blocks.

(Ord. No. CSO#1215-12-2019, § 1, 1-6-2020)

For plats approved by the city council:

Approved by the City Council of Burleson, Texas

This the ____ day of ____, 20 ____ .

By: _______________________

Mayor

By; _______________________

City Secretary

For plats approved by the Planning and Zoning Commission:

Approved by the Planning and Zoning Commission of Burleson, Texas

This the ____ day of ____, 20 ____ .

By: _______________________

Chair of Planning and Zoning Commission

By; _______________________

City Secretary

For plats approved by the development assistance committee:

Approved by the Development Assistance Committee, Burleson, Texas

This the ____ day of ____, 20 ____ .

By: _______________________

DAC Chair

By: _______________________

City Secretary

Surveyors certification (must also include seal with signature):

I,_____, do hereby certify that I prepared this plat from an actual and accurate survey of the land, and that the corner monuments shown thereon were properly placed under my supervision.
_______________________ Signature	_______________________ Date

Owner's certifications and notary:

For plats within the city:

KNOW ALL MEN BY THESE PRESENTS

That We, (names), Owners, do hereby adopt this plat designating the hereinbefore described property as (subdivision name), an Addition to the City of Burleson, ____ County, Texas, and do hereby dedicate to the public use forever all streets, rights-of-way, alleys and easements shown thereon. The City or any public utility shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs or other improvements or growths in which any way endanger or interfere with the construction, maintenance or efficiency of its respective systems on any of these easements, and the City or any public utility shall at all times have the right of ingress and egress to and from and upon the said easement for the purpose of constructing, reconstructing, inspecting, and patrolling, without the necessity at any time of procuring the permission of anyone. This plat approved subject to all platting ordinances, rules, regulations, and resolutions of the City of Burleson, Texas.

_______________________

(owner signature)

STATE OF TEXAS COUNTY OF; ____

BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared (owner), 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.

WITNESS MY HAND AND SEAL OF OFFICE THIS THE ____ DAY OF ____, 20 ____ .

_______________________

Notary Public in and for the State of Texas

For plats in the ETJ:

KNOW ALL MEN BY THESE PRESENTS

That We, (names), Owners, do hereby adopt this plat designating the hereinbefore described property as (subdivision name), an Addition to Johnson County, Texas, and do hereby dedicate to the public use forever all streets, rights-of-way, alleys and easements shown thereon. The City, County, or any public utility shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs or other improvements or growths in which any way endanger or interfere with the construction, maintenance or efficiency of its respective systems on any of these easements, and the City, County, or any public utility shall at all times have the right of ingress and egress to and from and upon the said easement for the purpose of constructing, reconstructing, inspecting, and patrolling, without the necessity at any time of procuring the permission of anyone. This plat approved subject to all platting ordinances, rules, regulations, and resolutions of the City of Burleson, Texas or Johnson County.

_______________________

(owner signature)

STATE OF TEXAS COUNTY OF ____

WITNESS MY HAND AND SEAL OF OFFICE THIS THE ____ DAY OF ____, 20 ____ .

_______________________

Notary Public in and for the State of Texas

Johnson County recording information:

Plat Filed ____, 20 ____ .

Slide ____, Vol., ____ Pg. ____

Johnson County Plat Records

By: _______________________

County Clerk

Tarrant County recording information:

None. Tarrant County uses their own stamp.

_____________________ City Manager	_____________________ Developer
ATTEST:
_____________________ City Secretary

_____________________ City Manager	_____________________ Developer
ATTEST:
_____________________ City Secretary