City of Tahoka, TX REQUIREMENTS FOR ACCEPTANCE OF SUBDIVISIONS BY THE CITY OF TAHOKA

Property Owner’s Guarantee.

Before approving the final plat of a subdivision located all or partially within the City or its extraterritorial jurisdiction, the City Council must be satisfied that all required public improvements will be constructed in accordance with the approved engineering plans and with the requirements of this Ordinance.

Improvement Agreement and Guarantee.

The City Council may waive the requirement that the applicant complete and dedicate all public improvements prior to approval of the final plat, and may permit the property owner to enter into an improvement agreement by which the property owner covenants to complete all required public improvements no later than two (2) years following the date upon which the final plat is approved. The City Council may also require the property owner to complete or dedicate some of the required public improvements prior to approval of the final plat, and to enter into an improvement agreement for completion of the remainder of the required improvements during such two-year period.

(c)

Security.

Whenever the City permits an applicant to enter into an improvement 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 letter of credit or other security acceptable to the City administrator and the City attorney, 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.

(d)

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:

All performance bonds must be in the forms acceptable to the City administrator and the City attorney;

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;

All performance bonds must be signed by an agent, and must be accompanied by a certified copy of the agent’s authority;

(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 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 be acceptable to the City.

(e)

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:

Be irrevocable;

Be for a term sufficient to cover the completion, maintenance and warranty periods, but in no event less than two (2) years; and

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.

(f)

As portions of the public improvements are completed, the applicant may make application to the City administrator to reduce the amount of the original security. If the City administrator is satisfied that such portion of the improvements has been completed in accordance with City standards, he may, but is not required to, cause the amount of the letter of credit to be reduced by such amount that he deems appropriate, so that the remaining amount of the security adequately insures the completion of the remaining public improvements.

(g)

Upon acceptance by the City of all required public improvements, the City shall authorize a reduction in the security to 25% of the original amount of the security if the applicant is not in breach of the improvement agreement. The remaining security shall be security for the applicant’s covenant to maintain the required public improvements and to warrant that the improvements are free from defects for two (2) years thereafter. If the required security for maintenance and warranty is provided by the contractor’s bond, maintenance bond, or by others, the City will release the entire amount of the developer’s security.

(Ordinance adopted 6/14/10)

§ 6.3 Temporary Improvements.

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.

Any temporary public improvement (e.g., a temporary cul-de-sac, alley turnout, drainage swale, erosion-control device, etc.) shall be placed within an easement established specifically for that purpose. The recording information of the instrument establishing the temporary easement shall be clearly shown on the final plat for the subdivision prior to approval of the final plat. A temporary easement for a required public improvement shall not be abandoned without the City Engineer’s approval and without written consent by the City.

(Ordinance adopted 6/14/10)

§ 6.4 Government Units.

Governmental units 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 agents authorized to act in their behalf, agreeing to comply with the provisions of this Ordinance.

(Ordinance adopted 6/14/10)

§ 6.5 Failure to Complete Improvements.

For plats for which no improvement 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 an improvement 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:

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;

Suspend final plat approval until the public improvements are completed, and may record a document to that effect for the purpose of public notice;

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; or

(5)

Exercise any other rights available under the law.

(Ordinance adopted 6/14/10)

§ 6.6 Acceptance of Dedication Offers.

Acceptance of formal offers for the dedication of streets, public areas, easements or parks shall be by authorization of the City Council. 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.

(Ordinance adopted 6/14/10)

§ 6.7 Maintenance and Guarantee of Public Improvements.

The applicant 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, or such other guarantee or warranty as is satisfactory to the City administrator and City attorney, that all public improvements will be free from defects for a period of two (2) years following such acceptance by the City.

(Ordinance adopted 6/14/10)

§ 6.8 Construction Procedures.

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.

Preconstruction Conference.

The City may require that all contractors participating in the construction meet for a preconstruction conference to discuss the project prior to release of a site development or building permit, and before any filling, excavation, clearing or removal of vegetation and trees that are larger than six inch (6") caliper. All contractors shall be familiar with, and shall conform with, applicable landscaping provisions of the 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:

The preliminary plat has been approved by the City Council, and any conditions of such approval have been satisfied;

All required engineering documents are completed and approved by the City engineer;

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;

(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 job site 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.

(Ordinance adopted 6/14/10)

§ 6.9 Inspection and Acceptance of Public Improvements.

General Procedure.

Construction inspection shall be supervised by the City engineer. Construction shall be in accordance with the approved engineering plans and 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. All revisions shall be approved by the City administrator. If the City administrator finds, upon inspection, that any of the required public improvements have not been constructed in accordance with the City’s standards, then the applicant shall be responsible for completing and correcting the deficiencies such that they are brought into conformance with the applicable standards.

Letter of Satisfactory Completion.

The City will not deem required public improvements satisfactorily completed until the applicant’s engineer or surveyor has certified to the City administrator, 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 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. When such requirements have been met, the City administrator shall thereafter make a recommendation to the City Council for consideration of satisfactory completion of the public improvements. Once the board votes its approval of satisfactory completion, the City administrator shall issue the Letter of Satisfactory Completion.

Acceptance of the development shall mean that the applicant 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 applicant has posted a performance bond, letter of credit or cash bond in the amount of one hundred percent (100%) of the estimated cost of those remaining improvements for a length of time to be determined by the City Council. If the remaining public improvements are greater than ten thousand dollars ($10,000.00) and are not completed within the determined length of time, the City will impose a ten percent (10%) penalty of the performance bond, letter of credit, or cash bond. The obligation to complete the improvements remains with the applicant, 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), the applicant 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 administrator shall submit a certificate to the applicant stating that all required public improvements have been satisfactorily completed.

(Ordinance adopted 6/14/10)

§ 6.10 Deferral of Required Improvements.

The City Council may, upon petition of the applicant 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.

Whenever a petition to defer the construction of any public improvements required under this Ordinance is granted by the City Council, the applicant shall deposit in escrow his or her share of the costs, in accordance with City participation and oversizing policies, of the future public improvements with the City prior to approval of the plat, or the applicant may execute a separate improvement agreement secured by a cash escrow or, where authorized, a letter of credit guaranteeing completion of the deferred public improvements upon demand of the City.

(Ordinance adopted 6/14/10)

§ 6.11 Issuance of Building Permits and Certificates of Occupancy.

No building permit shall be issued for a lot, building site, building or use 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, except as may be permitted below:

A building “foundation only” permit may be issued for a nonresidential or multifamily development provided that a preliminary plat has been approved by the City Council, and provided that the engineering plans have been released by the City engineer. However, the building permit shall not be issued and building construction shall not be allowed to surpass the construction of fire protection improvements.

The City Council may release some residential building permits for not more than ten percent (10%) of the lots within a new residential subdivision, provided that a preliminary plat has been approved by the City Council and the engineering plans have been approved by the City engineer, and provided that all public improvements have been completed for that portion of the development including, but not limited to, those required for fire and emergency protection, such as streets providing at least two points of emergency access, alleys, water lines serving fire hydrants, and other similar, required public safety improvements. Except for property located and used for commercial purposes and for which a development plat has been approved, no lot may be sold nor title conveyed until the final plat has been approved by the City Council and recorded with the Lynn County Clerk.