A. Improvements Prior To Final Plat Recordation: If the subdivider chooses to construct the required improvements prior to the recording of the final plat, all such construction shall be on engineered signed/sealed plans with stations denoting the utilities’ alignment on said plans, plus other typical requirements expected through generally accepted engineering and construction practices, as determined by the City’s Engineer; said improvements shall be inspected while in progress by the City and must be approved upon completion by the City Engineer 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 herein must be presented to the Governing Body prior to approval 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 final plat approval for recordation, he may utilize one (1) of the following methods of posting security. If the subdivider chooses to file security, the plat shall not be approved for recordation unless the subdivider has done one (1) of the following:
1. Performance Bond: Has filed with the City a bond executed by a security company holding a license to do business in the State of Texas and acceptable to the City and on the form provided by the City in an amount equal to the cost of the improvements required by this title. The construction of the improvements shall be within the time as estimated and approved by the City Engineer. The performance bond shall be approved as to form and legality by the City Attorney.
2. Trust Agreement: Has placed on deposit in a bank or trust company, in the name of the City and approved by the City in a trust account, a sum of money equal to the estimated cost of all site improvements required by this title, the cost of completion as approved by the City Engineering Department. Selection of the trustee shall be executed on the form provided by the City and approved as to form and legality by the City Attorney. Periodic withdrawals may be made from the trust account for a progressive payment of installation cost. The amounts of such withdrawals shall be based upon progress work estimates and approved by the City Engineering Department. All such withdrawals shall be approved by the trustee.
3. Unconditional Guarantee: Has filed with the Governing Body 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 institutions, 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 title. The guaranteed payment sum shall be the estimated costs and scheduling as approved by the City Engineering Department. The letter shall state the name of the subdivision and shall list the improvements for which the subdivider or developer is required to provide.
C. Guarantee Of Materials And Workmanship: The subdivider or developer shall require guarantee of materials and workmanship of his construction contractors with whom he contracts for furnishing materials and installing the improvements required under this title and shall himself be responsible for guaranteeing that all materials and workmanship in connection with such improvements are free of defects for a period of one (1) year after acceptance of the improvements by the City Engineer. A written and notarized statement shall be filed with the City Secretary to guarantee the above.
D. Acceptance Or Rejection Of Construction: If one (1) of the above three (3) types of security is filed by the subdivider under subsection B of this section, the City Engineer shall inspect the construction of the improvements while in progress and he shall inspect such improvements 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 herein. If he rejects such construction, the City Attorney shall, on direction of the Governing Body, proceed to enforce the guarantees provided in this title.
E. Extension Of Time: Where good cause exists, the City Engineer may recommend to the Governing Body to extend the period of time for completion under subsection B of this section. Such extension of time shall be reported to the Governing Body and recorded in the minutes of each body. No such extension shall be granted unless security as provided in subsection B of this section has been provided by the subdivider covering the extended period of time. (Ord. 90-02, 6-5-1990; amd. 1994 Code; Ord. 19-04-21, - -2021)