A.
Completion of Improvements:
Before the final subdivision plat is signed by the City, all applicants shall be required to complete, in accordance with the approved construction drawings and to the satisfaction of the City Engineer, all the street, sanitary and other public improvements, including lot improvements on the individual lots of the subdivision, as required in these regulations, specified in the final plat and as approved by the Commission, and to dedicate those public improvements to the City of Wilmer, free and clear of all liens and encumbrances on the dedicated property and public improvements.
B.
Subdivision Improvement Agreement and Guarantee:
1.
Agreement:
The City Council in its sole discretion may waive the requirement that the applicant complete and dedicate all public improvements prior to the signing of the final plat and, as an alternative, permit the applicant to enter into a subdivision improvement agreement by which the subdivider covenants to complete all required public improvements no later than two (2) years following the date of the approval of the improvement agreement. The applicant shall covenant to maintain each required public improvement for a period of one (1) year following the acceptance by the Governing Body of the dedication of that completed public improvement. In addition, the covenant shall warrant that all required public improvements will be free from defect for a period of two (2) years following the acceptance by the City Council of the last completed public improvement. The subdivision improvement agreement shall contain such other terms and conditions agreed to by the applicant and the City Council.
2.
Covenants to Run:
The subdivision improvement agreement shall provide that the covenants contained in the agreement shall run with the land and bind all successors, heirs, and assignees of the subdivider. The subdivision improvement agreement will be adopted by the City Council and shall be recorded in the Office of Dallas County.
3.
Security:
Whenever the Governing Body permits an applicant to enter into a subdivision improvement agreement, it shall require the applicant to provide a cash escrow as security for the promises contained in the subdivision improvement agreement. The security shall be in an amount equal to one hundred fifty percent (150%) of the estimated cost of completion of the required public improvements, including lot improvements. The escrow agent shall be acceptable to the City Council.
a.
Cash Escrow:
The escrow instructions shall provide: (1) that the subdivider will have no right to a return of any of the funds except as approved by City Council; and (2) that the escrow agent shall have a legal duty to deliver the funds to the city whenever the City Attorney presents an affidavit to the agent attesting to the city’s right to receive funds whether or not the subdivider protests that right.
b.
If and when the Governing Body accepts the offer of dedication for the last completed required public improvement, the City Council shall execute a waiver of its right to receive all but twenty-five percent (25%) of the funds represented by the cash escrow if the subdivider is not in breach of the subdivision improvement agreement. The residual funds shall be security for the subdivider’s covenant to maintain the required public improvements and its warranty that the improvements are free from defect.
C.
Temporary Improvement:
The applicant shall build and pay for all costs of temporary improvements required by the Commission and shall maintain those temporary improvements for the period specified by these regulations. Prior to construction of any temporary facility or improvement, the developer shall file with the City Council a separate subdivision improvement agreement and cash escrow in an appropriate amount for temporary facilities, which agreement and escrow shall ensure that the temporary facilities will be properly constructed, maintained, and removed.
D.
Costs of Improvements:
All required improvements shall be made by the developer, at its expense, without reimbursement by the local government or any improvement district except that, as is allowed under state law, the developer may form or cause to be formed a benefit district or districts to construct and finance the construction of required public improvements excluding lot improvements on individual lots. If the subdivider does form or cause to be formed a benefit district for the purposes identified in this section, the Governing Body shall not release the subdivider from its obligations under any improvement agreement nor shall the City Council release any security, in whole or in part, until the benefit district has sold bonds or otherwise certifies to the Governing Body that it has an absolute right to raise revenues sufficient to construct, maintain, and warrant the quality of the required public improvements.
E.
Governmental Agencies:
Governmental agencies to which these contract and security provisions apply may file, in lieu of the contract and security, a certified resolution or ordinance from officers or agencies authorized to act in their behalf, agreeing to comply with the provisions of this Article.
F.
Failure to Complete Improvement:
For subdivisions for which no subdivision improvement agreement has been executed and no security has been posted, if the improvements are not completed within one year of the date of approval of the Final Plat, the Final Plat approval shall be deemed to have expired. In those cases where a improvement agreement has been executed and security has been posted and required public improvements have not been installed within the terms of the agreement, the City Council may then:
(1)
declare the agreement to be in default and require that all the improvements be installed regardless of the extent of the building development at the time the agreement is declared to be in default;
(2)
suspend final plat approval until the improvements are completed and record a document to that effect for the purpose of public notice;
(3)
obtain funds under the security and complete improvements itself or through a third party;
(4)
assign its right to receive funds under the security to any third party, including a subsequent owner of the subdivision for which improvements were not constructed, in whole or in part, in exchange for that subsequent owner’s promise to complete improvements in the subdivision;
(5)
exercise any other rights available under the law.
G.
Acceptance of Dedication Offers:
Acceptance of formal offers of dedication of streets, public areas, easements, and parks shall be by ordinance of the Governing Body. The approval of a subdivision plat by the Commission, whether preliminary or final, shall not be deemed to constitute or imply the acceptance by the municipality of any street, easement, or park shown on plat.
(Ordinance 09-0604 adopted 6/4/09)