A. 
The City will withhold all services and improvements of whatsoever nature, including the maintenance of streets and the furnishing of all other services from any subdivision or property until all of the street, utility, storm drainage and other public improvements, as well as lot improvements such as retaining walls and grading and installation of improvements required for proper lot drainage and prevention of soil erosion on the individual residential lots, are properly constructed according to the approved engineering plans and to City standards, and until such public improvements are dedicated to and accepted by the City.
(Ordinance 2015-06-15 adopted 6/15/15)
A. 
Property Owner’s Guarantee.
Before accepting for filing the final plat of a subdivision located entirely or partially within the City’s corporate limits or its extraterritorial jurisdiction, the City Council must be satisfied that all required public improvements have been (or will be) constructed in accordance with the approved engineering plans and with the requirements of this Ordinance as well as the City’s Thoroughfare Plan, master plans for water and wastewater facilities, Design Manuals and Standard Construction Details and other applicable development ordinances.
B. 
Facilities Agreement and Guarantee.
A developer shall be required to enter into an agreement with the City which shall govern his subdivision if there are pro rata payments, city participation in cost, escrow deposits or other future considerations, other nonstandard development regulations or if all public improvements required to be dedicated to the City will be not completed prior to acceptance of the final plat for filing, or filing the record plat, minor plat, or final plat in the county records. This agreement shall be based upon the requirements of this chapter; and shall provide the City with specific authority to complete the improvements required in the agreement in the event of default by the developer, and to recover the full legal costs of such measures. The City may subordinate its facilities agreement to the prime lender if provided for in said agreement.
The facilities agreement shall be a legally binding agreement between the City and the developer specifying the individual and joint responsibilities of both the City and the developer. Unusual circumstances relating to the subdivision shall be considered in the facilities agreement such that the purpose of this chapter is best served for each particular subdivision. The developer shall include in such an agreement a hold harmless and indemnity clause agreeing to hold the City harmless against any claim arising out of the developer’s subdivision of the property or any actions taken therein. In the event of a disagreement between the developer and the City or the City Engineer concerning stipulations of the facilities agreement, the City Council shall review said stipulations and make recommendation for resolving the disagreement. The developer shall have a continuing responsibility under this facilities agreement after the filing of the record plat, minor plat, or final plat until all facilities and improvements required under this facilities agreement have been completed. It is the Council’s intent that the facilities agreement shall place the City in the same position that it would occupy had the required adequate public facilities been designed, constructed and accepted by the City prior to recording the plat for the subdivision in question. When the construction of required improvements has proceeded to the point that certain parts of the subdivision are adequately served, the City Engineer may release specified portions of the subdivision for use prior to the completion of all improvements, unless the release of such improvements will jeopardize or hinder the continued construction of required improvements. Any facilities agreement shall remain in force for all portions of the subdivision for which a release has not been executed.
The City Council may determine the duration of the facilities agreement. The City Council may also require the property owner to complete or dedicate some of the required public improvements prior to acceptance of the final plat, and to enter into a facilities agreement for completion of the remainder of the required improvements. The facilities agreement shall also contain such other terms and conditions as are agreed to by the property owner and the City.
C. 
Improvement Agreement Required for Oversize Reimbursement.
The City shall require a facilities agreement pertaining to any public improvement for which the developer shall request reimbursement from the City for oversize costs. The City Council, as it deems appropriate, has the authority to authorize the approval of such agreement as meeting the requirements of the City, and the City shall not withhold approval as a means of avoiding compensation due under the terms of this Ordinance.
D. 
Security.
Whenever the City permits an applicant to enter into a facilities agreement, it shall require the applicant to provide sufficient security, covering the completion of the public improvements. The security shall be in the form of cash escrow or, where authorized by the City, a performance bond or an irrevocable letter of credit or other security acceptable to the City, as security for the promises contained in the improvement agreement. Security shall be in an amount equal to one hundred percent (100%) of the estimated cost of completion of the required public improvements and lot improvements. The issuer of any surety bond and irrevocable letter of credit shall be subject to the approval of the City.
E. 
Performance Bond.
If the City Council authorizes the applicant to post a performance bond as security for its promises contained in the improvement agreement, the performance bond shall comply with the following requirements:
1. 
All performance bonds must be in the forms acceptable to the City;
2. 
All performance bonds must be executed by such sureties as are named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies,” as published in Circular 570, as may be amended, by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury;
3. 
All performance bonds must be signed by an agent, and must be accompanied by a certified copy of the authority for him or her to act;
4. 
All performance bonds shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue performance bonds for the limits and coverage required.
If the surety on any performance bond furnished by the applicant is declared bankrupt, or becomes insolvent, or its right to do business in [is] terminated in the State of Texas, or the surety ceases to meet the requirements listed in Circular 570, the developer shall, within twenty (20) calendar days thereafter, substitute another performance bond and surety, both of which must the foregoing requirements and be acceptable to the City.
F. 
Irrevocable Letter of Credit.
If the City Council authorizes the applicant to post a letter of credit as security for its promises contained in the improvement agreement, the letter of credit shall:
1. 
Be irrevocable;
2. 
Be for a term sufficient to cover the completion, maintenance and warranty periods, but in no event less than two (2) successive one-year terms;
3. 
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; and
4. 
Be issued by a financial institution that allows presentment in person by the City within the physical area covered by the North Central Texas Council of Governments.
G. 
As portions of the public improvements are completed in accordance with the Design Manuals and Standard Construction Details and the approved engineering plans, the applicant may make written application to the City to reduce the amount of the original security. If the City is satisfied that such portion of the improvements has been completed in accordance with City standards, he or she may, but is not required to, cause the amount of the security to be reduced by such amount that he or she deems appropriate, so that the remaining amount of the security adequately insures the completion of the remaining public improvements.
H. 
The developer shall guarantee all public improvements free of defects for a two (2) year period from the date of acceptance of said improvements by the City. Upon acceptance by the City of all required public improvements, the City shall reimburse 100% of the security if the applicant is not in breach of the facilities agreement.
(Ordinance 2015-06-15 adopted 6/15/15)
The applicant shall build and pay for all costs of temporary improvements required by the City, and shall maintain those temporary improvements for the period specified by the City. Prior to construction of any temporary facility or improvement, the applicant shall file with the City a separate facilities agreement and escrow or, where authorized, an irrevocable letter of credit, in an appropriate amount for temporary facilities, which agreement and escrow or letter of credit shall ensure that the temporary facilities will be properly constructed, maintained and timely removed.
(Ordinance 2015-06-15 adopted 6/15/15)
For plats for which no facilities agreement has been executed and no security has been posted, if the public improvements are not completed within the period specified by the City, the plat approvals shall be deemed to have expired. In those cases where a facilities agreement has been executed and security has been posted, and the required public improvements have not been installed within the terms of the agreement, the City may:
1. 
Declare the agreement to be in default and require that all the public improvements be installed regardless of the extent of completion of the development at the time the agreement is declared to be in default;
2. 
Suspend final plat approval until the public improvements are completed, and may record a document to that effect for the purpose of public notice;
3. 
Obtain funds under the security and complete the public 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 public improvements were not constructed, in whole or in part, in exchange for that subsequent owner’s promise to complete the public improvements on the property as reflected in a facilities agreement with the subsequent owner; or
5. 
Exercise any other rights or remedies available under the law.
(Ordinance 2015-06-15 adopted 6/15/15)
Acceptance of formal offers for the dedication of streets, public areas, easements or parks shall be by authorization of the City. The approval by the City Council of a preliminary or final plat shall not, in and of itself, be deemed to constitute or imply the acceptance by the City of any street, public area, easement or park shown on the plat. The City may require the plat to be endorsed with appropriate notes to this effect. Section 6.6 : Maintenance and Guarantee of Public Improvements [sic] The property owner shall maintain all required public improvements for a period of two (2) years following acceptance of the subdivision by the City, and shall also provide a two-year maintenance bond (warranty) that all public improvements will be free from defects for a period of two (2) years following such acceptance by the City. Section 6.7: Construction Procedures [sic]
A. 
A site development permit is required from the City prior to beginning any site development-related work in the City or its extraterritorial jurisdiction which affects erosion control, storm drainage, vegetation or tree removal, or a floodplain.
B. 
Preconstruction Conference.
The City shall require that all contractors participating in the construction meet for a preconstruction conference to discuss the project prior to release of a grading permit and before any filling, excavation, clearing or removal of vegetation and trees that are larger than six (6) caliper inches in diameter. All contractors shall be familiar with and shall conform to applicable provisions of the City’s landscape ordinance (Josephine Zoning Ordinance).
C. 
Conditions Prior to Authorization.
Prior to authorizing release of a site development permit, the City Engineer shall be satisfied that the following conditions have been met:
1. 
The preliminary plat has been approved by the City Council (and any conditions of such approval have been satisfied);
2. 
All required engineering documents are completed and approved by the City Engineer;
3. 
All necessary off-site easements and dedications required for City-maintained facilities and not shown on the plat must be conveyed solely to the City, such as by filing of a separate instrument, with the proper signatures affixed. The original of the documents and the appropriate fees for filing the documents at Collin/Hunt County’s requirements, and the City’s submission guidelines, as may be amended from time to time shall be returned to the City prior to approval and release of the engineering plans by the City Engineer;
4. 
All contractors participating in the construction shall be presented with a set of approved plans bearing the stamp of release of the City Engineer, and at least one set of these plans shall remain on the jobsite at all times;
5. 
A complete list of the contractors, their representatives on the site, and telephone numbers where a responsible party may be reached at all times must be submitted to the City; and
6. 
All applicable fees must be paid to the City.
D. 
Nonpoint Source Pollution Controls and Tree Protection.
All nonpoint source pollution controls, erosion controls, and tree protection measures and devices shall be in place, to the City Engineer’s satisfaction, prior to commencement of construction on any property.
(Ordinance 2015-06-15 adopted 6/15/15)
A. 
General Procedure.
Construction inspection shall be supervised by the City Engineer. Construction shall be in accordance with the approved engineering plans and the Design Manuals and Standard Construction Details of the City of Josephine (and all other applicable codes and ordinances). Any change in design that is required during construction should be made by the licensed professional engineer whose seal and signature are shown on the plans. Another engineer may make revisions to the original engineering plans if so authorized by the owner of the plans, and if those revisions are noted on the plans or documents and signed and sealed by the subsequent engineer(s). All revisions shall be approved by the City Engineer. If the City Engineer finds, upon inspection, that any of the required public improvements have not been constructed in accordance with the City’s standards and Design Manuals and Standard Construction Details, then the property owner shall be responsible for completing and correcting the deficiencies such that they are brought into conformance with the then applicable standards.
B. 
Letter of Satisfactory Completion.
The City will not deem required public improvements satisfactorily completed until the applicant’s engineer and surveyor have certified to the City Engineer, through submission of detailed sealed “as-built,” or record, drawings of the property which indicate all public improvements and their locations, dimensions, materials and other information required by the City Engineer, and until all required public improvements have been completed. The “as-builts” shall also include a complete set of sealed record drawings of the paving, drainage, water, sanitary sewer and other public improvements, showing that the layout of the lines and grades of all public improvements are in accordance with the engineering plans for the plat, and showing all changes made in the plans during construction, and containing on each sheet an “as-built” stamp bearing the signature and seal of the licensed professional engineer and the date. One reproducible drawing of the utility plan sheets containing the as-built information shall also be submitted. The engineer or surveyor shall also furnish the City with a copy of the approved final plat and the engineering plans, if prepared on a computer-aided design and drafting (CADD) system, in such a digital format (on disk) that is compatible with the City Engineer’s CADD system. When such requirements have been met to the City Engineer’s satisfaction, the City shall thereafter make a recommendation to the City Council for consideration of satisfactory completion of the public improvements. Once the City Council votes its approval of satisfactory completion, the City Engineer shall issue the Letter of Satisfactory Completion.
Acceptance of the development shall mean that the developer has transferred all rights to all the public improvements to the City for use and maintenance. The City Council may, at its option, accept dedication of a portion of the required public improvements if the remaining public improvements are not immediately required for health and safety reasons, and if the property owner has posted a performance bond, irrevocable letter of credit or cash bond in the amount of one hundred twenty percent (120%) of the estimated cost of those remaining improvements for a length of time to be determined by the City Council. If the value of the remaining public improvements is greater than ten thousand dollars ($10,000.00) and are not completed within the determined length of time, the City will impose a penalty that equals ten percent (10%) of the performance bond, letter of credit, or cash bond. The obligation to complete the improvements remains with the developer, and all future building permits or certificates of occupancy will be withheld until the improvements are complete. If the remaining public improvements are less than ten thousand dollars ($10,000.00) in value, the developer shall pay the actual dollar amount. The length of time may be extended due to inclement weather or unforeseen delays by mutual agreement between the developer and the City.
Upon acceptance of the required public improvements, the City Engineer shall submit a certificate to the developer stating that all required public improvements have been satisfactorily completed.
(Ordinance 2015-06-15 adopted 6/15/15)
A. 
The City Council may, upon petition of the property owner and favorable recommendation of the City Engineer, defer at the time of plat approval, subject to appropriate conditions, the provision of any or all public improvements as, in its judgment, are not required in the immediate interests of the public health, safety and general welfare.
B. 
Whenever a petition to defer the construction of any public improvements required under this Ordinance is granted by the City Council, the property owner shall execute a facilities agreement in accordance with the preceding provisions in this chapter regarding facilities agreements.
(Ordinance 2015-06-15 adopted 6/15/15)
No building permit shall be issued for a lot, building site, building or use of a lot or building unless the lot or building site has been officially recorded by a final plat approved by the City Council, and unless all public improvements, as required by this Ordinance for final plat approval have been completed.
(Ordinance 2015-06-15 adopted 6/15/15)