No plat shall be filed for record in City of Ingram unless the
standards contained or referred to herein have been complied with
in full. No lot in any Subdivision shall be sold until the Final Plat
is approved and recorded, and all the standards, specifications, or
requirements contained or referred to herein have been complied with
in full.
(Ordinance 1219062 adopted 12/19/06)
The designated Engineer for the City, as the authorized agent
for City of Ingram and the Kerr County Engineer, where applicable,
are hereby authorized and directed to enforce rules, regulations,
standards and specifications for the construction, installation, design,
location and arrangement of all components of a subdivision including
but not limited to roads, easements, sidewalks, monuments, utilities,
criteria for drainage easements requirements, drainage facilities,
and crosswalks. The engineer shall recommend to the Council any changes
to be made. All such improvements shall be constructed, installed,
designed, located, and arranged by the subdivider in accordance with
such rules, regulations, standards, and specifications.
(Ordinance 1219062 adopted 12/19/06)
A.
On behalf
of City of Ingram, the City Attorney, when directed by the Council,
shall institute appropriate action in a court of competent jurisdiction
to enforce the provisions of these Rules and Regulations or the Standards
referred to herein with respect to any violation thereof, which occurs
within the City’s jurisdiction. City may seek to recover damages
in the amount adequate for the City to undertake any construction
or other activity necessary to bring about compliance with a requirement
established by, or adopted by the Council.
B.
A person
commits an offense if the person knowingly or intentionally violates
a requirement established, or adopted by the Council under the City’s
Subdivision Rules and Regulations. An offense under this subsection
is a Class B misdemeanor. This subsection does not apply to a violation
for which a criminal penalty is prescribed by Texas Local Government
Code, Section 232.0048 “Conflict of Interest; Penalty.”
C.
At the request
of the Council, the City Attorney or other prosecuting attorney for
the City may file an action in a court of competent jurisdiction to
enforce any other action permitted under State or Federal Law.
(Ordinance 1219062 adopted 12/19/06)
If a subdivision exists for which a final plat has not been
approved and recorded or in which the standards contained or referred
to herein have not been complied with in full, the Council shall pass
a resolution reciting the fact of such noncompliance or failure to
secure final plat approval. The City Secretary shall, when directed
by the Council, cause a certified copy of such resolution under the
corporate seal of the City to be filed in the Deed Records of Kerr
County. If full compliance and final plat approval are secured after
the filing of such resolution, the City Secretary shall forthwith
file an instrument in the Deed Records of such county stating that
the resolution of noncompliance no longer applies.
(Ordinance 1219062 adopted 12/19/06)
Provided, however, that the provisions contained herein shall
not apply to any recorded subdivision, or lot therein, which was approved
and recorded or had preliminary plat approval prior to the acceptance
of these regulations. All subdivisions approved prior to acceptance
date hereof shall be subject to rules and regulations effective at
the time of preliminary plat approval.
(Ordinance 1219062 adopted 12/19/06)
The developer shall be responsible for all costs of the improvements
required by these Subdivision Rules and Regulations, and all other
costs related thereto, including costs related to inspection of construction
within the subdivision as set forth herein.
(Ordinance 1219062 adopted 12/19/06)
Penalties or enforcement for noncompliance are set forth in
Section 212 of the Local Government Code.
(Ordinance 1219062 adopted 12/19/06)
