(A) All plans and actual construction of required improvements shall be inspected by a registered professional engineer retained by the city. No plans or completed construction shall be considered for approval or acceptance by the City Council without certification from said engineer that such plans and calculations and such construction is complete and that they are in accordance with specifications and standards contained or referenced herein, and/or with plans previously approved for the subject subdivision. The engineer shall make frequent field inspections during the construction period and arrange for testing in accordance with accepted civil engineering practice. The engineer shall submit periodic progress reports to the City Council during the construction period. The final responsibility for the adequacy and acceptability of all construction shall rest with the subdivider.
(B) Maintenance of improvements. The subdivider shall maintain such improvements in good condition and in a manner acceptable to the City's Engineer and without cost to the city for a period of two years after acceptance of completed construction. Upon completion of construction and final acceptance, the subdivider shall either deposit money in escrow or file with the City Council a letter of credit or other such guarantee acceptable to the City Council, executed by a bank or a surety company holding a license to do business in the State of Texas, and acceptable to the City Council, in an amount equal to 10% of the construction costs of the improvements required, and approved by the city. Such money or surety shall be irrevocable for two years from the date of acceptance of completed construction. Such surety shall guarantee that, in the event of failure of the subdivider to maintain such improvement as provided above, the subdivider's credit shall be encumbered so as to cause the improvements to be repaired or restored without cost to the city. Such money in escrow or bond shall be approved as to form and legality by the City Attorney.
(C) Construction guarantee. The subdivider shall file the security and the maintenance guarantee if all construction is not completed prior to requesting final plat approval. The security shall be either money in escrow or a letter of credit, irrevocable for a period of two years from the date of approval of the final plat, in escrow or in a form approved by the City Attorney, in the amount equal to the total estimated cost of constructing and installing all the improvements required by this subchapter. Such letter of credit shall guarantee that, in the event of failure of the subdivider to make such improvements, within two years from the date of approval of the final plat, the subdivider's credit shall be encumbered so as to cause the improvements to be constructed and installed without cost to the city.
(D) Construction inspection. The City's Engineer shall inspect such improvements while in progress and upon completion of construction shall notify the subdivider, the City Council, and the attorney for the city in writing as to his acceptance or rejection of the construction. He shall reject such construction if it fails to comply with the standards and specifications contained or referred to herein. If he rejects such construction, the attorney for the city shall, on direction of the City Council, proceed to enforce the guarantees provided in this chapter.
(E) Extensions. Where good cause exists, the City Council may extend the period of time for completion under division (C) of this section for an additional period of time not to exceed six months if the subdivider has not completed the required site improvements or completed such improvements in compliance with this subchapter. No such extension shall be granted unless security and maintenance guarantees as required herein have been provided by the subdivider covering the extended period of time.
(F) Release of escrow. Security and/or maintenance guarantees shall not be released by the city until all the requirements for approval and acceptance of improvements have been met. Money in escrow may be drawn from time to time in relation to the percent of construction completed. Completion of construction phases shall be approved by the City's Engineer and submitted to the City Council for approval and release of funds. If it becomes apparent that the subdivider is not going to complete the construction of any or all of the required improvements in accordance with the previously approved plans and Code requirements, or provide the necessary maintenance within the stipulated two-year period or any extension thereof granted under division (E) of this section, the city's engineer shall so inform the City Council in writing and the City Council shall take necessary action against the guarantees and security posted by the subdivider to complete such construction or maintenance at no cost to the city. The City Council may also file appropriate proceedings in District Court against the subdivider and his/her security as set forth above.