(A) Construction of improvements.
(1) The developer shall file with the Building Official detailed plans and specifications of and for construction of all public improvements, including, but not limited to, plats, sketches and other satisfactory written descriptions, showing such features as roadways, cross-sections and longitudinal slope of drainage, full description of proposed pavement or street improvements, its grade and slope, dimensions and specifications concerning public utilities to be installed showing proposed position on the ground, specifications of materials and construction, and profile maps of all sanitary and storm sewers showing both ground surface and flow line, and any other pertinent information of a similar nature.
(2) The developer shall file with the Building Official the following construction plans for the improvements to be installed:
(a) The centerline and curb elevations of each proposed street;
(b) A cross-section of each proposed street showing the width of pavement, the location and width of sidewalks, if required, and the location and size of utility mains;
(c) The plans and profiles of proposed sanitary sewers and storm water sewers with grades and sizes indicated or the method of sewage or storm water disposal in lieu of sewers;
(d) A plan of the proposed water distribution system, showing pipe sizes and the location of valves and fire hydrants; and
(e) A drainage plan showing all existing and proposed storm sewers, manholes, catch-basins, watercourses, culverts and other underground structures within the tract and immediately adjacent thereto with pipe sizes and grades and water openings indicated thereon. The drainage plan shall show the method to be used for the adequate disposal of all storm water including drainage outlets and such other data as may be required by the City Engineer, Commission or Council.
(3) Construction of the public improvements shall not commence until after:
(a) The final plat has been approved by the Commission and Council;
(b) The Building Official has approved the construction plans and specifications as being in conformity with the final plat and all standards, rules and regulations applicable to the improvements and construction of the improvements; and
(c) The Public Works Director has approved those portions of the plans relating to water and sewer installations.
(4) If the final plat has been approved by the Council and the Commission, the public improvements, streets and utilities provided for in the final plat shall be constructed in conformity with the final plat and Building Official approved plans and specifications.
(5) Construction must be completed within 12 months after the approval of the final plat by the Council; provided that, the time may be extended by the Council.
(6) The developer, contractors and subcontractors, upon completion of construction, shall provide a one-year warranty to the city that all improvements are free of defects in workmanship and free of faulty materials, and providing that they will, in a timely, good and workmanlike manner, correct and repair all such defects and faults and all damage caused thereby; provided, such defect, fault or damage appears or manifests itself within one year after completion of the improvements.
(7) Upon the completion of construction, a copy of the “as-built” final plans, dated, signed and certified by the engineer in charge shall be filed with the Building Official showing all features as actually installed, including materials, size, locations, depth, elevation, ends of lines, valves, fittings, storm sewer lines, inlets and other pertinent items. No connections to such utilities may be made until the foregoing has been complied with.
(8) The developer shall build and pay for all costs of temporary improvements required and shall maintain same for a period specified by the Council. Prior to construction of any temporary facility or improvement, the developer shall ensure that the temporary facilities will be properly constructed, maintained and removed.
(9) All required improvements shall be made by the developer at his or her expense without reimbursement by the city or any improvement district except as provided below. The Commission and the Council may require excess improvements which they determine to be necessary to the city. Such excess improvements may include, but are not necessarily limited to, oversized storm drainage or utility lines to service areas at and beyond the proposed subdivision. In such cases, the city may participate in the cost of such improvements.
(10) (a) The developer shall provide for inspection of required improvements during construction and ensure their satisfactory completion; and
(b) The inspections, if any, done by the city are for its own benefit and information, not that of the developer, any lot owner or other party with or acquiring an interest in, any of the property in the subdivision.
(2012 Code, § 77-86)
(B) Endorsement of plat by city and recording.
(1) No final plat may be filed in the real property records of the county, unless it has been signed by all required parties and contains all required certificates.
(2) No final plat, with the exception of minor plats, may be signed by city representatives, until:
(a) It has been approved by the Council and the Commission after full compliance with the requirements of this chapter;
(b) The public improvements have been completed in conformity with the final plat, Building Official approved plans and specifications, the warranty instrument and as-built final drawings have been delivered to the city; or security meeting the requirements of § 158.07 of this chapter has been given to the city; and
(c) A title opinion by developer’s attorney or an abstract of title have been furnished to and approved by the city’s attorney indicating that the improvements are free and clear of any liens and encumbrances; or, if a developer puts up security under § 158.07 of this chapter, a title opinion by developer’s attorney or an abstract of title have been furnished to and approved by the city’s attorney describing all liens and encumbrances on the land to be dedicated as public improvements and a written commitment from all lien holders in recordable form and approved by the city’s attorney obligating them to release all liens upon completion of the improvements has been furnished to the city.
(3) This section applies to townhouses only. In addition to the requirements applicable to any other plat, a final plat of a townhouse development may not be filed until the buildings (each townhouse being for this purpose, considered as a separate building) which are to be connected together with zero- foot lot lines and common walls are completed, at which time the plat for the lots and land upon which such buildings are located may be filed of record and the plat as to all lands not containing building lots may be filed of record. Thereafter, a final plat as to land upon which any other series of connected buildings are to be located may be filed as and when the buildings are completed.
(4) Every final plat which has been completed in accordance with this chapter must be recorded in the appropriate real property records of the office of the County Clerk.
(2012 Code, § 77-91)
(C) Acceptance of improvements.
(1) Public improvements constructed by an owner or developer as part of the subdivision process will not be accepted, unless and until: the improvements are completed in accordance with the final plat and in accordance with the construction plans and specifications approved by the Building Official; the Building Official has submitted a certificate stating that all required improvements have been satisfactorily completed; and the developer’s registered engineer or registered surveyor has certified to the Building Official, through submission of a detailed as-built plan of the subdivision, indicating location, dimensions, materials and such other information as may be reasonably required by the Building Official, that the layout of the line and grade of all public improvements is in accordance with construction plans for the subdivision.
(2) Approval of a final plat does not constitute acceptance of any proposed dedication and does not impose on the city any duty regarding the maintenance or improvement of any dedicated parts, until the city makes an actual appropriation of the dedicated parts by entry, use or improvement, per Tex. Local Government Code § 212.011(a).
(2012 Code, § 77-96)
(D) Maintenance of improvements. The developer shall be required to maintain all improvements until acceptance of the improvements by the Council.
(2012 Code, § 77-97)