1.
Except as provided in Subsection 3, below, no final plat shall be recorded and no building permit shall be issued for construction on a lot located within a subdivision until construction of all public improvements required to be constructed within the subdivision have been completed and accepted by the City.
2.
All construction work, including but not limited to street grading, street paving, storm sewers, curb and/or gutter work, sanitary sewers and water mains performed by the subdivider, developer, owner or contractor shall be:
(a)
subject to inspection by the proper authorities of the City; and
(b)
constructed in accordance with the standard specifications approved by the City and other applicable City ordinances.
Notification must be made in accordance with City policies and procedures prior to City inspection of public improvements under construction. |
3.
A Final Plat may be recorded prior to the completion and acceptance by the City of all public improvements required to be constructed in association with the subdivision of land subject to the following:
(a)
The owner and/or developer provide to the City an itemized list of the work remaining to be completed on the required public improvements and the estimated time to complete such work;
(b)
The City Engineer approves and agrees to the deadline for completion of the required public improvements provided such deadline does not exceed six (6) months after the date the Final Plat is recorded unless a longer period is approved by the City Council;
(c)
The owner and/or developer provide to the City sufficient security to ensure completion of the required public improvements in the form of either:
(1)
A cash escrow; or
(2)
A irrevocable letter of credit drawn upon a state or national bank in Ellis, Dallas, or Tarrant County with a term sufficient to cover the completion period plus 60 days, and require only that the City present the issuer with a sight draft and a certificate signed by an authorized representative of the City certifying to the City’s right to draw funds under the letter of credit based on the developer’s failure to complete the required public improvements by the agreed deadline; or
(3)
A performance bond or surety bond for the same time period in a form approved by the City attorney securing performance of the provisions of the development agreement by the developer.
Said security for completion of all public improvements shall be issued in the amount of 100 percent of the funds estimated by the City Engineer to be necessary to pay for all required public improvements. |
(d)
The contractor(s) constructing the required public improvements provide(s) a performance bond and payment bond naming the City as a co-obligee. Such performance and payment bonds shall be equal to the total amount set forth in the contractor’s contract.
(e)
The issuer and form of any payment and/or performance bond and/or letter of credit shall be subject to the approval of the City Attorney. The performance and payment bonds must be executed by a corporate surety in compliance with V.T.C.A., Government Code ch. 2253, as amended.
4.
The City Inspector or designated representative may issue red and green tags on inspected work. All “red tagged” work must be corrected, re-inspected, and issued a green tag prior to proceeding with any associated work. Additionally, the City inspector or designated representative shall have the authority to issue a stop work order on any construction work that is not in accordance with City requirements. Failure to take corrective action may result in a fine [in] accordance with Article VII.
5.
Notwithstanding the recording of the Final Plat prior to completion and acceptance of all required public improvements associated with a subdivision, no building permit shall be granted for any lot unless and until the City Engineer determines that the required public improvements are sufficiently complete to allow fully paved access by police, fire, and emergency medical services, and the lot is being served by water, sanitary sewer, and electric utility services.
(Ordinance 88-14, sec. 5.11, adopted 7/26/88; Ordinance 98-11, sec. 1(C), adopted 2/10/98; Ordinance 2004-17 adopted 4/6/04; Ordinance 2016-43, sec. 1(B), adopted 11/8/16)