(a)
Inspection and approval; certificate of inspector.
If the subdivider chooses to construct the required improvements prior to the recording of the final plat, all such construction shall be inspected while in progress by the city, and must be approved upon completion by the director of public works or his duly authorized representative. A certificate by such officer stating that the construction conforms to the specifications and standards contained in or referred to in this chapter must be presented to the planning department prior to filing of the final plat for recordation.
(b)
Security in lieu of construction.
If the subdivider chooses to file security in lieu of completing construction prior to the final plat approval for recordation, he may utilize one of the following methods of posting security. If the subdivider chooses to file security, the plat shall not be filed for recordation unless the subdivider has done one of the following:
(1)
Performance bond.
The developer has filed with the administrator of internal services a bond executed by a surety company holding a license to do business in the state and acceptable to the city, on the form provided by the city, in an amount equal to the cost of the improvements required by this chapter and within the time for completion of the improvements as estimated by the city engineer and utility manager. The performance bond shall be approved as to form and legality by the city attorney and shall be in compliance with the Model Rules as specified under 31 TAC 364.54.
(2)
Unconditional guarantee from local banks, local federally insured savings and loan associations or other financial institutions as approved by the city and shall be in compliance with the Model Rules as specified under 31 TAC 364.54.
The subdivider or developer shall file with the administrator of internal services a letter, on the form provided by the city, signed by the principal officer of a local bank or local federally insured savings and loan association or other financial institution, acceptable to the city, agreeing to pay the city on demand, a stipulated sum of money to apply to the estimated cost of installation of all improvements for which the subdivider or developer is responsible under this chapter. The guaranteed payment sum shall be estimated costs and scheduling as approved by the city engineer and utility manager. The letter shall state the name of the subdivision and shall list the improvements for which the subdivider or developer is required to provide for.
(c)
Acceptance or rejection of construction.
If one of the three types of security is filed by the subdivider under subsection (b) of this section, the director of public works shall inspect the construction of the improvements while in progress, and he shall inspect each improvement upon completion of construction. After final inspection, he shall notify the subdivider and the city attorney in writing as to his acceptance or rejection of the construction. He shall reject such construction only if it fails to comply with the standards and specifications contained or referred to in this chapter. If he rejects such construction, the city attorney shall on direction of the board of commissioners proceed to enforce the guarantees provided in this chapter.
(d)
Extension of time.
Where good cause exists, the director of public works may extend the period of time required for completion under subsection (b) of this section. Such extension of time shall be reported to the planning and zoning commission and recorded in the minutes. No such extension shall be granted unless security as provided in subsection (b) has been provided by the subdivider covering the extended period of time.
(1966 Code, § 26½-15(a)—(d); Ordinance 2000-89, § 6, adopted 11/27/2000)