(a) 
Definitions.
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context indicates a different meaning:
Future developer or owner
means that person who owns or develops property that is adjacent, abutting and contiguous to property upon which the initial developer or owner has constructed at his expense utility lines, paved streets, curbing and guttering.
Initial developer or owner
means that person who is responsible for the initial cost of utility lines, street paving, curbing and guttering.
(b) 
Reimbursement authorized; conditions.
Any initial owner or developer of property within the city who hereafter installs utility lines, sewer lines and paved streets that are immediately adjacent to, abutting, contiguous to, parallel to and fronting on the boundaries of his property shall be entitled to reimbursement from the adjacent, abutting, contiguous, parallel and frontage property owner prior to the city approving any plat for development of the land and allowing any such owner of adjacent, abutting, contiguous, and frontage property to tie onto or to obtain utility services from such utility lines that are adjacent, abutting, and contiguous to the parallel utility lines, sewer lines or paved streets, subject to and in accordance with the following:
(1) 
The owner of the adjacent, contiguous and abutting property desiring to plat and develop his property and to tie onto the lateral lines that are parallel to and immediately adjacent to his property shall be required to reimburse the owner and developer who initially installed and constructed the utility lines, sewer lines, curbing, and gutters and paved such streets a percentage of the initial contract cost of installing the utility lines, sewer lines, curbs, and gutters and paving the streets, determined according to the following schedule:
REIMBURSEMENT PAYMENT OF INITIAL DEVELOPMENT PER FRONT FOOT
Year After Approval of Payment of Final Initial Contract Cost
Percentage of Initial Contract Cost to be Reimbursed
1 year
50%
2 years
45%
3 years
40%
4 years
35%
5 years
30%
6 years
25%
7 years
20%
8 years
15%
9 years
10%
10 years
5%
Thereafter
0%
(2) 
The reimbursement shall be on a per footage basis, based on the actual contract costs as set forth and determined only by the per footage cost of the adjacent, contiguous, abutting and fronting utilities, sewer lines or street pavement contract bids received and let by the city, and no other cost or other expenses shall be included therein.
(3) 
The payment and reimbursement of the percentage of the development cost of such streets will be paid by the future developer or owner through and to the city for reimbursement and payment to the initial developer or initial owner who installed the utility lines and sewer lines and paved the streets at his expense.
(4) 
Any future owner or developer of property adjacent to, abutting, contiguous to and fronting on the property and utility lines, sewer lines, and pavement installed by the initial owner or developer shall be required to tie onto and utilize the utility lines or sewer lines of the initial developer or owner.
(c) 
Determination of amount.
The determination of the total amount of reimbursement and contribution due from the future developer and owner to the initial developer and owner shall be determined by the per footage of the future owner and developer’s property that fronts on and is abutting, adjacent and contiguous to that property of the initial owner and developer, in accordance with the schedule in subsection (b)(1) of this section and the time that has lapsed after approval of final payment, with application of per frontage foot costs as determined by the contractor’s bids and costs submitted to the city. The initial owner and developer will not be entitled to any reimbursement for any property of the future developer or owner that is not adjacent, abutting and contiguous to the property of the initial owner and developer.
(d) 
Application for reimbursement.
(1) 
Any developer desiring to take advantage of the reimbursement privileges granted under this section must notify the city in writing, not later than the date of final acceptance of, approval of and final payment for the project by the city, of his application for reimbursement. The application for reimbursement shall include the following:
(A) 
Acknowledgment of the provisions and requirements of this section.
(B) 
Agreement of the amount to be applicable for reimbursement and that the initial developer as a condition of the application agrees to hold the city harmless for any costs, damages, claims or causes of action that the city may incur or that may be related to the reimbursement of any funds to the developer under the provisions of this section.
(2) 
Failure of the application to be timely filed or failure of the applicant to include therein any of the items required by this subsection shall be grounds for denial by the city of the right to reimbursement due the initial developer or owner.
(e) 
Transfer of rights; expiration of rights.
Any rights of the initial developer to reimbursement under the provisions of this section shall not be transferable or assignable except upon written application approved by the city commission. The initial developer’s rights to reimbursement under this section shall be good for a period of ten years from the date the city commission approves the final payment for the initial costs of the improvements in accordance with the schedule set forth in subsection (b)(1) of this section, and shall terminate at the expiration of the ten-year period.
(f) 
Adjustments.
The city commission shall have the authority to determine and adjust the reimbursement and contribution due from the future developer and owner to the initial developer and owner, and upon the majority vote of the city commission approving the amount of reimbursement due from the future developer and owner to the initial developer and owner, the parties shall be bound thereby and any further remedies or reimbursements due between them shall be determined independently by the parties and without any further liability and responsibility of the city or its officials.
(1967 Code, sec. 29-7; 2008 Code, sec. 74-2)
[1]
Editor’s note–This article consists of the subdivision ordinance formerly published as chapter 94 in the 2008 Code of Ordinances. Section numbers, style, capitalization and formatting have been changed to be consistent with the remainder of the Code of Ordinances, and this will be maintained in future amendments to this article. Subsequent amendments will be inserted in their proper place and denoted by a history note following the amended section. Changes in the names of state agencies have been incorporated without notation. Obviously misspelled words have been corrected without notation. Except for these changes, such ordinance is printed herein as published in the 2008 Code. Any other material added for purposes of clarification is enclosed in brackets.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Extraterritorial jurisdiction
means as defined in V.T.C.A., Local Government Code chapter 42, as the same now exists or may in the future be amended.
Plat
means a map, drawing, chart, or plan showing the exact layout and proposed construction of a proposed subdivision into lots, blocks, streets, parks, school sites, commercial or industrial sites, drainageways, easements, alleys, and/or any other elements required by this article and which a subdivider shall submit for approval in accordance with this article.
Street
means a public right-of-way, however designated, which provides primary vehicular access to any adjacent land.
Subdivision
means a division of a lot, tract, or parcel of land into two or more parts, lots, or sites for the purpose of sale, division of ownership, or building development. The term “subdivision” includes resubdivision of any lot, tract, or parcel of land, but does not include any minor property line adjustment not resulting in the creation of a new lot, tract, or parcel upon which a building may be placed and/or for which no public improvements are required or dedicated. The term “subdivision” also does not include a division of land into parts greater than five acres, where each part has access and no public improvements are required or dedicated.
(Ordinance 975, sec. 1, adopted 11/3/03; 2008 Code, sec. 94-1)
No subdivision of any land located within the city limits or within the extraterritorial jurisdiction for the city shall henceforth be made until after the city commission has officially approved a plat of such subdivision, all of which must comply with the rules and regulations herein set forth.
(Ordinance 975, sec. 2, adopted 11/3/03; 2008 Code, sec. 94-2)
(a) 
Authority.
All subdivisions, plats, replats, and related plans are subject to the approval of the planning and zoning commission and the city commission in accordance with V.T.C.A., Local Government Code chapter 212. Any plat required in this article must be prepared by and bear the seal of a registered professional land surveyor.
(b) 
Preliminary conference.
Prior to the official filing of a preliminary plat, the developer should consult with and present general information on the proposed subdivision to an ad hoc committee representing city departments responsible for planning, engineering, inspection, streets, utilities, sanitation, and fire protection. Utilities not managed by the city, such as electric, telephone, and cable, should also be represented or otherwise consulted.
(c) 
Master plan.
When the proposed subdivision constitutes a unit of a larger tract which the developer intends to subsequently plat 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, parks, schools and other public improvements for such areas. A developer may submit a plat of such unit of a subdivision, provided he meets all the requirements with reference to such unit in the same manner as is required for a complete subdivision. Final approval of such unit does not constitute approval of any other unit or of the entire subdivision.
(d) 
Preliminary plat.
The developer shall submit a preliminary plat as provided in this section. The preliminary plat is deemed to be filed with the planning and zoning commission when the commission, in a duly called public meeting, first considers the preliminary plat for approval. The preliminary plat will not be accepted for filing until all required information, documentation, and filing fees, as such fees may be set by resolution of the city commission, are submitted.
(1) 
Three copies or prints of the preliminary plat of any proposed subdivision shall be submitted to the planning and zoning commission at the city offices no less than 14 days prior to the meeting at which such preliminary plat is sought to be filed. Such preliminary plat shall carry the legend “Preliminary Plat–Not to be Recorded.” Such preliminary plat shall be drawn to a scale of not less than one inch to 100 feet and shall show or be accompanied by the following information:
(A) 
The proposed subdivision name or identifying title, and a location map of the subdivision indicating its relation to adjacent streets, with sufficient information to locate the subdivision in relation to the rest of the city.
(B) 
Name and address of record owners, subdivider, engineer, surveyor, land planner and any other person responsible for survey and design.
(C) 
Date of preparation, scale of plat, and north arrow.
(D) 
Location of boundary or property lines; width and location of platted streets, alleys and easements within or adjacent to the property being subdivided; all present physical features, both natural and artificial, that are directly pertinent to the land being subdivided; a topographical map may also be required at the discretion of the city engineer.
(E) 
Names of contiguous subdivisions and the owners of contiguous parcels of unsubdivided land, and an indication of whether or not contiguous properties are platted.
(F) 
The locations of contiguous lots, blocks, streets, easements, rights-of-way, parks, and public facilities.
(G) 
Bearings and distances of the subdivision boundary and all interior lot lines; computed acreage of the subdivision.
(H) 
The location, dimensions, description, and name of all proposed streets, alleys, parks, public areas, easements, rights-of-way, blocks, lots, etc.
(I) 
Designation of the intended uses of land within the proposed subdivision setting out residential, retail business, industrial, off-street parking and all other parcels of land intended to be dedicated to public use, such as schools, parks, playgrounds and any other special uses or semipublic uses that may be required.
(J) 
Preliminary plans and layouts for streets and sidewalks; preliminary plans and layouts for water, sewer, and gas utilities, particularly with respect to how utilities in the proposed subdivision will connect to and be served by the city’s existing utility system; preliminary drainage plan.
(2) 
Within 30 days after the preliminary plat and supporting documentation are filed, the planning and zoning commission shall approve or disapprove such plat, or conditionally approve it with modifications. Approval does not constitute automatic approval of the final plat or any other plat. Such approval is effective for six months, unless extended by the planning and zoning commission at the request of the developer.
(3) 
After approval or disapproval of a preliminary plat, the same shall be forwarded to the city commission for its inspection and comment, but such comment shall not be prerequisite to the filing of the final plat with the planning and zoning commission, as provided elsewhere in this section.
(e) 
Final plat.
The developer shall submit a final plat as provided in this section. The final plat is deemed to be filed with the planning and zoning commission when the commission, in a duly called public meeting, first considers the final plat for approval. The final plat will not be accepted for filing until all required information, documentation, and filing fees, as such fees may be set by resolution of the city commission, are submitted. The final plat must meet the requirements of V.T.C.A., Local Government Code section 212.004.
(1) 
Two mylar drawings of the final plat, three copies, three reduced PMT or other similar quality copies, as well as three copies of all construction plans for public improvements shall be submitted to the planning and zoning commission at the city offices no less than 14 days prior to the meeting at which such final plat is sought to be filed. The final plat shall be drawn to a scale of not less than one inch to 100 feet.
(2) 
The final plat and its supporting documentation shall conform to the approved preliminary plat, incorporating any changes, modifications, corrections, and conditions that may have been required by the planning and zoning commission and the city commission.
(3) 
The final plat shall contain all of the information required for preliminary plats, except for indications of minor physical features which may be omitted with approval of the city engineer. All plans for public improvements shall then be in the form of final construction plans, bear the seal of a registered professional engineer, and be accompanied by detailed cost estimates.
(4) 
In addition to the preliminary plat requirements, the final plat shall also include the following:
(A) 
An accurate boundary survey of the property, with bearings and distances referenced to a known monument, showing pertinent data concerning property immediately adjacent in dashed lines.
(B) 
The exact location, dimensions, name, and description of all existing or recorded streets, alleys, easements or public rights-of-way within the subdivision, intersecting or contiguous with its boundary or forming such boundary, with accurate dimensions, showing the length of radii, central angle and arcs of all curves; tangent distances and tangent bearings shall be given for each street.
(C) 
The exact location, dimensions, name, and description of all proposed streets, alleys, easements or public rights-of-way within the subdivision, intersecting or contiguous with its boundary or forming such boundary, with accurate dimensions, showing the length of radii, central angle and arcs of all curves; tangent distances and tangent bearings shall be given for each street.
(D) 
The location of all building setback lines if different from what chapter 14 requires.
(E) 
Location and description of monuments, which shall be placed at each corner of the boundary survey of the subdivision.
(F) 
Lot numbers, block numbers, and the square footage of all lots other than rectangular-shaped lots or a statement that all lots meet required minimum square footages.
(G) 
Property owner’s signed acknowledgement of the subdivision plat and certificate of dedication of all public streets, alleys, easements, and public places.
(5) 
After approval, disapproval, or the expiration of 30 days from the date the final plat is filed with the planning and zoning commission, whichever occurs first, the final plat shall be deemed filed with the city commission, and it shall approve or disapprove such final plat within 30 days. If the city commission fails to act, the final plat is deemed approved, as provided by state law. Such approval is effective for six months, unless extended by the city commission at the request of the developer.
(f) 
Minor plats.
The city manager or his designee may administratively approve certain minor plats in accordance with the following:
(1) 
This provision applies to minor plats involving four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities; or amending plats for the purpose of correcting errors, as described in V.T.C.A., Local Government Code section 212.016.
(2) 
Developer may prepare such minor plat or amending plat under the rules in this section for final plat submittal, and shall include such final plat information as may be deemed appropriate by the city engineer.
(3) 
The city manager or his designee may, for any reason, elect to present the plat for approval to the planning and zoning commission and/or the city commission, as otherwise provided in this section.
(g) 
Recording the plat.
After approval of the final plat, the city shall cause the plat to be recorded with the appropriate county official upon the subdivider’s performance of either of the following:
(1) 
Completion of the construction of all required improvements and acceptance by the city; or
(2) 
Furnishing security, in lieu of completing construction, as otherwise provided in this article.
(Ordinance 975, sec. 3, adopted 11/3/03; 2008 Code, sec. 94-3)
(a) 
Generally.
The cost of the design and construction of streets, utilities, and all other improvements associated with the subdivision shall be the sole responsibility and paid by the owners or developers. This shall apply to both the facilities within the subdivision and those required to connect such subdivision with facilities presently in place and available to serve such area. The city shall have no responsibility for the cost of such improvements nor shall it make any refunds for any costs incurred in their installation, unless otherwise explicitly provided. The city shall have no responsibility with respect to the improvements until the city engineer has certified their completion according to the approved plans and specifications. The city may require the developer to provide utility capacity in excess of the subdivision design requirements; on completion the city shall reimburse the developer for additional costs incurred as a result of the excess requirements of the city.
(b) 
Street improvements; curb and gutter; sidewalks; storm sewer.
Those improvements required to be constructed by the subdivider at his expense shall include streets, sidewalks, pavement, curbs and gutters, storm sewers, and any other improvements required by the city. The subdivider shall install, construct or reconstruct the same, all according to current city standards and specifications, and shall pay all costs, including engineering costs covering design, layout and construction supervision by the city as well as inspection fees. If the subdivision is adjacent, abutting, or otherwise served by a street, sidewalk, or storm drainage facility not meeting current city standards, the city may require the developer to reconstruct such improvements to current standards, provided that the developer is entitled to reimbursement under existing city policy for reimbursement of developers for the cost of streets and utilities. As an alternative, the city commission may, at its sole discretion, accept deposit of an escrow amount or furnishing of other acceptable security sufficient to pay for the developer’s share of such adjacent improvements, as would be required under the existing policy for assessment of the cost of public improvements.
(Ordinance 975, sec. 4, adopted 11/3/03; 2008 Code, sec. 94-4)
All public improvements required by this article will be constructed or contracted by the developer, as follows:
(1) 
The design specifications and the estimated costs of curb and gutter, paving, and utilities shall be approved by the city engineer.
(2) 
Plan specifications and working drawings for the public improvements shall have been submitted to and approved by the city engineer.
(3) 
All of the specifications and designs shall be consistent with those established by the city for similar improvements.
(4) 
The developer shall have accepted the plans and specifications as approved by the city engineer.
(5) 
The developer shall have deposited with the city an irrevocable letter of credit in a form acceptable to the city or a payment and performance bond in favor of the city with a corporate surety authorized to do business in the state, conditioned that the improvements will be completed according to the approved plans and specifications and within the time agreed upon by the city engineer and developer.
(6) 
The city engineer shall inspect, and approve materials, construction, and installation of improvements to assure that they are in general compliance with the plans and specifications of the city.
(7) 
The city will not approve and accept the improvements until the city engineer has approved them and until the waivers of all liens are furnished by the contractors and all subcontractors who supplied materials or performed labor in constructing the improvements.
(Ordinance 975, sec. 5, adopted 11/3/03; 2008 Code, sec. 94-5)
Any engineering fees incurred by the city in carrying out the terms of this article shall be included with and the estimated amount of said engineering fees deposited with the city prior to approval of construction of utilities and other improvements.
(Ordinance 975, sec. 6, adopted 11/3/03; 2008 Code, sec. 94-6)
(a) 
The city shall have the authority to withhold any building permits until the city engineer has approved and accepted the utility improvements, to include all utilities, sewer and paving improvements (to include curb and gutter) until he has fully inspected and fully approved as being in compliance with the specifications with the city.
(b) 
The requirements made by the city engineer shall be consistent with the policies and practices of the office of the city engineer and of the city commission. His inspections and approvals may be withheld or delayed for good cause.
(Ordinance 975, secs. 7, 8, adopted 11/3/03; 2008 Code, sec. 94-7)
The city shall have the authority to withhold and deny at their sole discretion utility services to include water, sewer, gas, and any other utilities to any subdivision or development until the city engineer has inspected the same and has given his full approval and has recommended acceptance; and the city commission has acted on said recommendation and has approved and accepted the subdivision and all improvements as satisfactory for addition and utilization by the citizens of the city.
(Ordinance 975, sec. 9, adopted 11/3/03; 2008 Code, sec. 94-8)
The developer and/or contractor shall be responsible for a period of one year after acceptance by the city of the improvements for all maintenance costs for any repairs, that are necessitated by faulted [faulty] materials or construction, excepting any act by the city in its normal operations or due to repairs required by the city in its normal operations or due to any negligence to the city or its employees.
(Ordinance 975, sec. 10, adopted 11/3/03; 2008 Code, sec. 94-9)