A. 
CONTRACT REQUIRED:
The owners may be required by the Town to execute a Subdivider’s Agreement as a condition of plat approval whenever the installation of community facilities or public improvements is required. The Town Attorney shall prepare the Subdivider’s Agreement after the final engineering plans and cost estimates have been approved.
B. 
APPROVAL OF CONTRACT:
1. 
After the contract has been signed by the developer and the required performance bond, payment bond, surety, or irrevocable letters of credit, and maintenance bonds meeting the requirements of Article 5160, Tex. Rev. Civ. Stat. Ann. have been posted with the Town, the Town Secretary or designee shall forward the Subdivider’s Agreement to the Town Attorney for review and approval.
2. 
The Mayor shall review and sign the contract on behalf of the Town after receiving comments of the Town Attorney and approval by the Town Council.
3. 
If any special provisions or deviations from established policies are included in the contract, specific approval of only the special provisions or deviations by the Town Council is required.
4. 
No construction work shall begin on the subdivision before the Subdivider’s Agreement is approved and signed by the Mayor. This provision shall preclude the moving of dirt except in conditions covered in other development regulations.
5. 
The Town will use its best effort to expedite all necessary instruments and documents within the Town administration.
C. 
CHANGES IN CONTRACT:
Any subsequent changes in the plans and specifications of the approved project proposed by the developer shall necessitate an amendment to the Subdivider’s Agreement and amendments to all required financial assurance instruments. An increase in the project scope shall also require an increase in the Inspection Fee, as authorized in section 6.3.A below. The Developer shall bear the full cost of any additional work required by the Town Attorney and/or Town Engineer in revising and/or reviewing the revised documents and approval shall not be granted until such additional fees are paid.
(Ordinance 130 adopted 6/5/00; Ordinance 300-03-17 adopted 3/13/17; Ordinance 329-12-2019 adopted 12/9/19)
A. 
Performance bonds, sureties or irrevocable letters of credit in forms provided by the Town Attorney meeting the requirements of Section 212.073 of the Tx Loc. Govt. Code shall be required for any required public improvements or community facilities prior to the filing of the Final Plat and issuing of any building permits. Bonds, irrevocable letters of credit, certificates of deposit or cash deposits will be for 100% of the value, as determined by the Town Engineer, of the construction costs of all facilities to be constructed by the developer.
B. 
The developer shall provide a maintenance bond meeting the requirements of the Town guaranteeing and agreeing to pay any necessary maintenance for a period of two (2) years in an amount equal to 100 percent of the value of the construction costs of all facilities to be constructed by the developer.
(Ordinance 130 adopted 6/5/00; Ordinance 300-03-17 adopted 3/13/17; Ordinance 329-12-2019 adopted 12/9/19)
A. 
The Town Council shall establish fees for the inspection of public improvements as part of the Fee Schedule. No person shall be granted notice to proceed to construct, reconstruct, cut or repair any street, drainage or (to LCMUA) if a public water or sanitary sewer facility; without paying the fees for the inspection of such work.
B. 
The Subdivider’s contractor shall give at least twenty-four (24) hours’ notice in writing to the Town of intent to commence actual construction of the facilities in order for inspection personnel to be made available.
C. 
The Subdivider shall delay connection of buildings to service lines of sewer and water mains until said sewer and water mains and service lines have been completed and accepted by the Town.
D. 
It shall be the duty of the Subdivider to notify all contractors and subcontractors working for him that all of their work is subject to inspection by the Town inspector at any time. Certification of materials being used may be required by the Town inspector.
E. 
Laboratory tests required by the Town inspector shall be performed by approved independent testing laboratories and will be at the discretion of the Town inspector. Approved laboratories are laboratories that are members of the American Council of Independent Laboratories and shall comply with standard recommended practice for inspection and testing agencies for concrete, steel, and bituminous materials as used in construction, ASTM Designation E 329. All costs for laboratory tests shall be borne by the Subdivider or his Contractor.
F. 
Should any point not be covered in the plans, or Subdivider’s Agreement, the Subdivider shall be required to contact the Town Engineer for a determination as to the Town’s requirements.
G. 
Any work, which in the opinion of the Town inspector that does not meet the Town requirements or has not had proper Town inspection shall be corrected. The inspector shall notify the contractor and subdivider in writing, of the reasons for requiring the contractor to cease all operations until the defect has been corrected in order to comply with Town requirements and receive proper inspection.
(Ordinance 130 adopted 6/5/00; Ordinance 300-03-17 adopted 3/13/17; Ordinance 329-12-2019 adopted 12/9/19)
A. 
The Planning and Zoning Commission may recommend and the Town Council may defer, reduce, or waive at the time of plat approval, subject to appropriate conditions, the provision of any of all such improvements as, in its judgment, are not necessarily in the interest of the public health, safety, and general welfare.
B. 
Whenever it is deemed necessary by the Planning and Zoning Commission and Town Council to defer the construction of any improvements required herein because of incompatible grades, future planning, inadequate or lack of connecting facilities, or for other reasons, the subdivider shall pay his share of the costs of the future improvements prior to approval and recording of the final plat.
(Ordinance 130 adopted 6/5/00; Ordinance 300-03-17 adopted 3/13/17; Ordinance 329-12-2019 adopted 12/9/19)
For projects where the Town of Shady Shores will act as owner, plans and specifications shall be prepared by the Town Engineer and projects bid according to requirements of the Texas Local Government Code. Contractors will be required to provide performance bonds, payment bonds, insurance and a two-year maintenance bond in accordance with Town requirements. The developer shall be required to pay a cash deposit to cover the work in accordance with the terms of the Developer’s Agreement. Such agreement shall be subject to Sec. 252 of the Local Government Code, and not section 212.071, so long as Shady Shores has fewer than 5,000 inhabitants.
A. 
Since the developer is providing a financial assurance surety to cover performance under Section 6.2.A, a separate performance and payment bond is not required from the contractor. However, it may be in the developer’s best interest to require those from his/her contractors since the Town will not release the financial assurance until work is complete and a release of lien is provided by subcontractors.
B. 
MAINTENANCE BOND:
The contractor will be required to make a Maintenance Bond of not less than one hundred percent (100%) of the contract price conditioned upon the maintenance of and the repairs to the construction under contract for a period of two (2) years from the date of acceptance of the project. All contractors employed by the subdivider shall furnish the Town a good and sufficient maintenance bond, in an amount equal to one hundred (100%) percent of the costs of the improvements required for the first year and twenty-five percent (25%) for the second year, executed by a reputable and solvent corporate surety, holding a license to do business in the State of Texas, in favor of the Town to indemnify the Town against any repairs which may become necessary to any part of the construction work performed 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 entire project. Final acceptance will be withheld until said maintenance bond is furnished to the Town. Such Bond to be approved as to form and legality by the Town Attorney.
C. 
STATE SALES TAX:
This contract is for the improvement of streets, storm sewers and utilities in right-of-way which has been dedicated to the Public and the Town of Shady Shores, an organization which qualifies for exemption pursuant to the provisions of Section 151 of the Texas Limited Sales, Excise and Use Tax Code. The Contractor performing this contract can probably purchase, rent or lease all material, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate complying with State Comptrollers regulations.
D. 
INSURANCE:
Prior to commencing the work, the Contractor shall furnish to the Town of Shady Shores and/or Owner proof of satisfactory carriage of insurance in accordance with the standard requirements of Contractors doing work of the nature herein proposed.
E. 
INDEMNIFICATION:
Approval by the Town Engineer, of any plans, designs or specifications submitted by the developer pursuant to the commencing of work shall not constitute or be deemed to release the responsibility or liability of the developer, contractor, their engineers, employees, officers or agents for the accuracy and competency of their design and specifications prepared by the developer’s consulting engineer, his officers, agents, servants or employees, it being the intent of the developer and the Town that the approval by the Town Engineer, signifies the Town’s approval on only the general design concept of the improvements to be constructed. In addition the Developer shall indemnify and hold harmless the Town, its officers, agents, servants and employees, from any loss, damage, liability or expense on account of any damages to property and injuries, including death, to all and all persons which may arise out of any defect, deficiency or negligence of the Developer’s engineer’s designs and specifications incorporated into any improvements constructed in accordance therewith, and the Developer shall defend at his own expense any suits or other proceedings brought against the Town, its officers, agents, servants or employees, or any of them, rendered against them or any of them in connection with the development plans, designs, or specifications. All responsibility and liability for drainage to adjacent and downstream properties from the development will accrue to the Developer or his/her Contractors. The Contractor further agrees to comply with all applicable laws, regulations, ordinances, buildings and construction codes of the Town of Shady Shores and the State of Texas, and with any regulations for the protection of workers which may be promulgated by the government, and shall protect such work with all necessary lights, barriers, safeguards, and warnings as are provided for in said specifications and in the ordinances and regulations of said Town.
(Ordinance 130 adopted 6/5/00; Ordinance 300-03-17 adopted 3/13/17; Ordinance 329-12-2019 adopted 12/9/19)
Prior to initiating any construction work, the contractor and all subcontractors shall conduct a preconstruction conference with the Town, Town Engineer, Town inspector, and all affected franchised utilities. Prior to the Conference, the contractor shall provide a proposed construction sequence and schedule and a traffic safety plan, if required, for review and approval by the Town Engineer. As a general rule, the following construction sequence shall be employed.
Step 1. Install temporary erosion sedimentation controls
Step 2. Excavate detention ponds
Step 3. Rough cut streets
Step 4. Install utilities
Step 5. Final grading
Step 6. Paving
Step 7. Finish detention ponds
Step 8. Hydro-mulch, final cleanup
(Ordinance 130 adopted 6/5/00; Ordinance 300-03-17 adopted 3/13/17; Ordinance 329-12-2019 adopted 12/9/19)
All work performed in construction, reconstruction, cutting and repairing of streets, storm sewer and other public improvements shall be subject to the approval of the Town Engineer, whose decision shall be final.
The Town shall not release the obligations of any financial assurance, including performance bonds, until the improvements have been approved and accepted by the Town. The Developer is strongly urged to withhold final payment to the Contractor until such acceptance occurs, since the Town shall hold the Developer responsible for completion of the project. The Town shall not approve or arbitrate quantities for which payment is to be based.
(Ordinance 130 adopted 6/5/00; Ordinance 300-03-17 adopted 3/13/17; Ordinance 329-12-2019 adopted 12/9/19)
Upon acceptance of completed construction, all street improvements including construction of streets, alleys, thoroughfares, curbs, gutters, storm sewers, and drainage channels within dedicated right-of-way and easements shall be and remain the property of the Town of Shady Shores. The Contractor shall be responsible for maintenance of the completed public improvement for a two (2) year period, following acceptance by the Town. After expiration of the two (2) year maintenance period, the improvements shall be maintained by the town.
(Ordinance 130 adopted 6/5/00; Ordinance 300-03-17 adopted 3/13/17; Ordinance 329-12-2019 adopted 12/9/19)
The Town shall maintain a record of the project, front foot basis determined by the Town Engineer, refund limit, date construction was completed, limits upon which front foot fee may be Collected, and the name of the developer entitled to refund.
(Ordinance 130 adopted 6/5/00; Ordinance 300-03-17 adopted 3/13/17; Ordinance 329-12-2019 adopted 12/9/19)