(a) 
The developer shall retain a licensed professional engineer, registered in the state, to prepare the plans and specifications and supervise the construction of the streets and utilities. This professional engineer is responsible for the accuracy, completeness, and conformance to all applicable local, state, and federal standards. The city has no project design or engineering responsibility or liability.
(b) 
The developer shall retain a licensed surveyor, registered in the state, to make all property surveys, prepare the plat, set the property monuments and lot corners and do the necessary construction staking. Momments shall be set on-site in accordance with the coordinate system, boundary locations, and materials specified in the engineering design standards manual, prior to city acceptance of the final plat.
(c) 
The developer shall pay all fees and charges for engineering and surveying services required by this chapter.
(d) 
The provisions of this section will not apply to utilities such as gas, telephone, and electric power, where such utilities are designed and constructed by private companies who are franchised to operate in the city.
(Ordinance 6727 adopted 5/20/2024)
(a) 
General.
(1) 
Prior to the construction of any streets or utilities, civil plans adhering to the requirements of this chapter and the engineering design standards manual shall be submitted to the city engineer for review and consideration of approval.
(2) 
The specifications and details provided in a complete set of civil plans will be reviewed by the city engineer for conformance with this chapter and other applicable standards. The plans shall be approved in writing prior to any construction.
(3) 
Prior to construction the developer shall present to the city engineer a signed and notarized three party agreement in accordance with section 10.04.004 of this chapter.
(4) 
The city engineer shall schedule a pre-construction meeting before a notice to proceed (NTP) can be issued for construction of public infrastructure.
(5) 
The city engineer shall be notified prior to the beginning of construction so that inspections can be arranged.
(b) 
Plan submittal process.
The civil plan set shall be provided to the city in a manner consistent with the fees, application forms, and checklists published in the development guide. The plans shall be prepared with the specifications, engineer calculations, plan profiles, details, and other pertinent information necessary for review, as listed in the submittal requirements found in the engineering design standards manual.
(Ordinance 6727 adopted 5/20/2024)
(a) 
Developer's guarantee.
Before final acceptance of a subdivision located all or partially within the city or its extraterritorial jurisdiction, the city must be satisfied that all required public improvements have been constructed in accordance with the approved engineering plans and with the requirements of this chapter.
(b) 
Subdivision improvement agreement and guarantee.
The city manager may waive the requirement that the applicant complete and dedicate all public improvements prior to final acceptance of the subdivision and may permit the developer to enter into a subdivision improvement agreement by which the developer covenants to complete all required public improvements no later than two years following the date upon which the remainder of the subdivision is accepted. The city manager may also require the developer to complete or dedicate some of the required public improvements prior to final acceptance of the subdivision, and to enter into a subdivision improvement agreement for completion of the remainder of the required improvements during such two-year period. The subdivision improvement agreement shall contain such other terms and conditions as are agreed to by the developer and the city.
(c) 
Security.
Whenever the city permits an applicant to enter into a subdivision 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 manager and the city attorney, as security for the promises contained in the subdivision improvement agreement. Security shall be in an amount equal to 110% of the estimated cost of completion of the required public improvements and lot improvements. The city engineer shall review and approve the cost estimates provided by the developer. Any security instrument, including a bond, letter of credit, or escrow agreement shall be subject to the review and approval of the city engineer and the city attorney.
(d) 
Performance bond.
(1) 
Requirements.
If the city council authorizes the applicant to post a performance bond as security for its promises contained in the subdivision improvement agreement, the performance bond shall comply with the following requirements:
(A) 
All performance bonds must be in the forms acceptable to the city engineer and the city attorney;
(B) 
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;
(C) 
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;
(D) 
All performance bonds shall be obtained from surety or insurance companies that are duly licensed or authorized in the state to issue performance bonds for the limits and coverage required.
(2) 
Additional surety.
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, or the surety ceases to meet the requirements listed in Circular 570, the developer shall, within 20 calendar days thereafter, substitute another performance bond and surety, both of which must be acceptable to the city.
(3) 
Withholding until improvements or other surety.
The city may withhold building permits, certificates of occupancy or utility connections until such improvements are completed or other surety is provided to the city.
(e) 
Letter of credit.
If the city manager 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 years; and
(3) 
Require only that the city present the issuer with a signed 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) 
Reducing amount of surety.
As portions of the public improvements are completed in accordance with the design standards 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, the city manager (or designee) may 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.
(g) 
Escrow policies and procedures for streets.
(1) 
Request for escrow.
Whenever this chapter requires a property owner to construct a street or thoroughfare, the property owner may petition the city to construct the street or thoroughfare, usually at a later date, in exchange for deposit of escrow as established in this section.
(A) 
The basis of such petition shall be the existence of unusual circumstance(s), such as a timing issue due to pending street improvements by another agency such as TxDOT or Grayson County that would present undue hardships or that would impede public infrastructure coordination or timing.
(B) 
If more than one street or thoroughfare must be constructed in order to meet adequacy requirements for streets, the city manager (or designee) may prioritize streets for which escrow is to be accepted and require the deposit of all funds attributable to the development in escrow accounts for one or more of such affected streets.
(C) 
The city council shall review the particular circumstances involved, and shall determine, at its sole discretion, whether or not provision of escrow deposits will be acceptable in lieu of the property owner's obligation to construct the street or thoroughfare with his or her development.
(2) 
Escrow deposit with the city.
Whenever the city council agrees, under this chapter, to accept escrow deposits in lieu of construction by the property owner or developer of the street or thoroughfare, the property owner or developer shall deposit in escrow with the city an amount equal to costs of the following:
(A) 
Administration;
(B) 
Advertisements;
(C) 
Bidding;
(D) 
Contingency;
(E) 
Testing;
(F) 
Design;
(G) 
Construction;
(H) 
Permits;
(I) 
Reviews and approvals;
(J) 
Inspections;
(K) 
Any additional land acquisition; and
(L) 
An appropriate (and realistic) inflation factor to ensure that the actual "future dollar" costs will be covered when actual construction occurs in the future.
(3) 
Determination of escrow amount.
The amount of the escrow shall be determined by using the maximum comparable "turn-key" bid price of construction of the street or thoroughfare improvements (including the items listed in subsection (2) above). Such determination of the escrow amount shall be made as of the time the escrow is due hereunder and shall be subject to the review and approval of the city manager (or designee) and the city engineer. The escrow amount shall be paid prior to release (approval) of engineering plans by the city engineer. The obligations, responsibilities, and related liability of the property owner shall become those of the property owner's transferees, successors and assigns.
(4) 
Use of escrow.
Escrowed amounts, along with any interest accrued on such amount, may be used for the purposes outlined in subsection (2) above in order to undertake construction of the facilities that are required as part of the development for which the escrow was submitted.
(5) 
Termination of escrow.
Escrows, or portions of escrowed amounts, which have been placed with the city under this section and which have been held for a period of 10 years from the date of such payment or agreement, in the event that the city has not authorized the preparation of plans and specifications for construction of such street facilities for which the escrow was made, shall, upon written request, be returned to the property owner, along with its accrued interest. Such return does not remove any obligations of the property owner for construction of the required facilities if a building permit has not been issued on the subject lot or if a new building permit is applied for.
(6) 
Refund.
If any street or highway for which escrow is deposited is constructed by a party other than the city or is reconstructed by another governmental authority at no cost to the city, the escrowed funds and accrued interest shall be refunded to the property owner or applicant who originally paid the escrow amount after completion and acceptance of the public improvements. In the event that a portion of the cost is borne by the city and the other portion of the cost by another party or governmental authority, the difference between the property owner's actual proportionate cost and the escrowed funds, including accrued interest, if any, shall be refunded after completion and acceptance of the improvements.
(7) 
Interest limitation.
If money is refunded within six months of deposit, only the principal shall be refunded. Monies returned after this date will be refunded with 1/2 of its accrued interest.
(Ordinance 6727 adopted 5/20/2024)
(a) 
Prior to construction, the developer shall present to the city a three party agreement on a form obtained from and approved by the city engineer. This contract shall itemize the obligations of the developer, contractor, and the city, along with any specific requirements granted for the proposed subdivision.
(b) 
No work shall be performed within the proposed subdivision until the three-party agreement has been signed and properly notarized by the developer, contractor, and the city.
(c) 
No work shall be performed within the proposed subdivision until the developer presents to the city all required forms, as specified in this article 10.04. of this chapter.
(Ordinance 6727 adopted 5/20/2024)
(a) 
General procedure.
(1) 
The subdivider shall provide inspection service through his/her engineer to ensure that construction is being accomplished in accordance with the plans and specifications approved by the city engineer.
(A) 
The subdivider shall notify the public works director 48 hours prior to commencement of construction. This notice shall give the location and date of the start of construction.
(B) 
The city shall have the right to inspect any construction work being performed to ensure that it is proceeding in accordance with the intent of the provisions of this chapter.
(C) 
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 engineer.
(D) 
If the city engineer finds, upon inspection, that any of the required public improvements have not been constructed in accordance with the approved construction plans, the city's standards and/or the design standards, then the developer shall be responsible for completing and correcting the deficiencies (at his/her expense) such that they are brought into conformance with the applicable standards.
(2) 
Testing laboratory services will be arranged by the city and paid for by the developer. It shall be the responsibility of director of public works (or designee) to coordinate the scheduling of all required tests with the testing laboratory. Testing shall be conducted in accordance with the procedures set forth in design standards for like work at the frequency specified thereon as directed by the city engineer.
(b) 
Letter of satisfactory completion.
(1) 
The city will only deem required public improvements satisfactorily completed when the applicant's engineer has certified to the city engineer (through submission of detailed sealed "as-built," or record, drawings of the property) drawings that indicate all public improvements and their locations, dimensions, materials and other information required by the city engineer, and when all required public improvements have been completed.
(A) 
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.
(B) 
One reproducible drawing of the utility plan sheets containing the as-built information shall also be submitted.
(C) 
The developer's engineer and/or RPLS shall also furnish the city with a copy of the approved final plat and "as-built" engineering plans, in such a digital format (on disk) that is compatible with the city CAD system.
(2) 
When the requirements of subsection (1) above have been met to the development services director and city engineer's satisfaction, and when a maintenance bond has been received and approved as required in section 10.04.007 of this article, the city manager shall issue a letter of satisfactory completion.
(c) 
Effect of acceptance.
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, subject to the two-year maintenance bond.
(Ordinance 6727 adopted 5/20/2024)
(a) 
When the public improvements have been installed and final inspection has been acknowledged to meet all city standards, the city engineer shall indicate to the developer that the streets and utilities are acceptable to the city. The developer shall then provide to the city engineer a complete set of digital plans of the record drawings. Each sheet of these drawings shall be plainly marked "plans of record" which shall include a statement signed by the professional engineer that all improvements have been installed and constructed in accordance with this chapter signed by the professional engineer who prepared the plans and supervised the construction. Record drawings must include any field changes and show actual built conditions, with additional specification found in the engineering design standards manual,[1] Section 1.
[1]
Editor's note—The "engineering design standards manual," as referenced is not published herein.
(b) 
Upon receipt of the plans of record drawings and all fees, the city engineer will issue a formal notice of acceptance of the public improvements.
(Ordinance 6727 adopted 5/20/2024)
(a) 
A written guarantee that all workmanship and materials associated with public improvements shall be free of defects for a period of two years from the date of acceptance by the city engineer shall be provided to the city. A two-year maintenance bond in the amount of 110 percent of the total construction cost of all workmanship and materials shall be submitted to the city per an approved city form.
(b) 
Public improvements constructed to a standard varying from city specifications but approved by the city engineer shall be accompanied by a maintenance agreement with a property owners' association for the proper and continuous operation, maintenance, and supervision of such facilities. A copy of the agreement(s) providing for such shall be presented to the city engineer and approved as to form by the city attorney prior to recordation of a final plat and shall be filed of record with the plat thereof.
(c) 
The city shall not repair or maintain any infrastructure that has not been accepted by the city engineer with the requisite maintenance guarantee.
(Ordinance 6727 adopted 5/20/2024)
(a) 
General policy.
The city hereby defines its policy to be that the city will withhold all city services and improvements of any type until all required improvements 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. This policy of withholding includes subdivision improvements as well as lot improvements.
(1) 
Subdivision improvements.
Subdivision improvements include street maintenance, extension of city services from any subdivision or property, and all street, utility, storm drainage and other public improvements.
(2) 
Lot improvements.
Lot improvements include retaining walls, grading, and improvements required for proper lot drainage and prevention of soil erosion.
(Ordinance 6727 adopted 5/20/2024)