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(A) The subdivider shall be required to enter into an agreement with the city which will govern his or her subdivision if there are no pro rata payments, city participation and cost, escrow deposits or other future considerations, variances granted to this section or other nonstandard development regulation. This agreement shall be based upon the requirements of this section and shall provide the city with specific authority to complete the improvements required in the agreement in the event of failure by the developer and to recover the full legal cost of the measures. The city may subordinate the facilities agreement to the prime lender if provided for in the agreement.
(B) The facilities agreement shall be a legally binding agreement between the city and the developer specifying the individual and joint responsibilities of both the city and the developer. Unusual circumstances relating to the subdivision shall be considered in the facilities agreement such that the purpose of this section best served for each particular subdivision. The facilities agreement may stipulate pro rata payments, city participation in unusual facilities, escrow deposits or other payments for future facilities, variances granted to this section and other particular aspects of the development. The developer shall include in the agreement a hold harmless indemnity clause agreeing to hold the city harmless against any claim arising out of this developer’s subdivision or any actions taken therein.
(2005 Code, § 13-1-18) (Ord. passed 4-21-2005)
(A) Adoption. There is hereby adopted by the City of Heath, Texas for the purpose of prescribing standards for development, the standards for design of development within subdivisions, and it is hereby incorporated herein as if fully set out in length herein and from the date on which this section shall take effect the provisions thereof shall be controlling within the corporate limits of the City of Heath. A copy of the standards shall be kept on file in the office of the City Secretary.
(B) Enforcement. The enforcement of this code shall be by the mayor of the City of Heath, Texas, or through any person whom he may designate provided that such person is employed as a employee or under a contract with the city.
(2005 Code, § 13-1-19) (Ord. passed 4-21-2005)
(A) Street lights will be required in all new subdivisions.
(B) Initial cost of installation and cost of operation and maintenance for the first three years shall be paid to the local governing body. Maintenance and operation costs after this shall be under separate contract.
(C) Street lights shall conform to Chapter 98, “Outdoor Lighting/Dark Sky Ordinance”, as amended, to the extent practicable.
(2005 Code, § 13-1-20) (Ord. passed 4-21-2005; Ord. 220712A, passed 7-12-2022)
With respect to double frontage lots, dual access shall be prohibited except by approval of the City Council and a permit so issued under the terms and conditions as established by the Council.
(2005 Code, § 13-1-22) (Ord. 940804A, passed - -; Ord. passed 4-21-2005)
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