The developer will file an agreement to provide a security bond
prior to final plat approval. The plat shall not be recorded unless
the developer has filed with the City Council a bond executed by a
surety company holding a license to do business in the State of Texas,
and acceptable to the City, in an amount equal to the cost of the
road and drainage improvements required by these Regulations as estimated
by the design Engineer and approved by the City, conditioned that
the developer will complete such improvements within three years after
approval of such plat, such bond to be approved as to form and legality
by the City Attorney. In lieu of such bond, developer may execute
a trust agreement whereby he shall be required to deposit with an
approved institution or escrow agent a sum of money in trust agreement
[which] is to be approved by the City Attorney. Developer shall remain
obligated on said bond or trust agreement until the City Council has
certified compliance with these provisions.
(Ordinance 1219062 adopted 12/19/06)
The developer shall also file an agreement in writing to provide
a maintenance bond for one (1) year prior to final subdivision plat.
Developer shall furnish the City a bond, executed by a surety company
holding a license to do business in the State of Texas, and acceptable
to the City, in an amount equal to ten percent (10%) of the total
cost of the streets, curbs, sidewalks, and drainage improvements required
to be constructed in said subdivision, as estimated by the design
Engineer and approved by the City, conditioned that upon completion
thereof, and upon approval of same by the City, the developer will
maintain such streets, drainage improvements, etc., in good condition
at his expense for a period of at least one year after date of final
approval of the completed construction by the City and until acceptance
thereof by the City. The City Council shall not accept such streets
and sewers in behalf of the City for a period of at least one year
after such proper completion, as certified by the City’s designee,
and not then unless and until it is again certified that they have
been maintained in good condition for said period of one year and
are in good condition at such time. The City shall accept such streets
and drainage improvements only by written resolution duly passed at
a regular or legally called special meeting of the City Council, and
the developer shall remain responsible for the maintenance of such
improvements until there is legal accepted [acceptance] by the City.
Maintenance of the road is to include such items as drainage by others,
spilled concrete on the streets, mud and debris in the streets, unknown
springs, etc. Maintenance of the drainage improvements includes removing
debris; resodding eroded areas and the installation of additional
concrete riprap where designated by the City to permanently prevent
erosion.
(Ordinance 1219062 adopted 12/19/06)
Where good cause exist[s], the City may extend the period of
the time for completion under Paragraph 10.01 [9.01] of these Regulations
for an additional period of time not to exceed six (6) months if the
developer has not completed the required site improvements or completed
such improvements in compliance with these Regulations. No such extension
shall be granted unless the developer to cover the extended period
of time first provides additional security of the type provided in
Paragraph 9.01.
(Ordinance 1219062 adopted 12/19/06)
