(a) Purpose. The provisions of this Ordinance, as set forth in this Section, are designed and intended to ensure that, for all subdivisions of land within the jurisdiction of the City, all improvements as required herein are installed in a timely manner in order that:
(1) The City can provide for the orderly and economical extension of public facilities and services.
(2) All purchasers of property within the subdivision shall have a usable, buildable parcel of land.
(3) All required improvements are constructed in accordance with the City standard details and specifications, if any.
(b) General Policy.
(1) Upon approval of a Final Plat, Amended Plat or Short Form Plat by the Commission, and prior to it being signed by the Chairperson of the Commission and the Mayor of the City, and before said Final Plat, Amended Plat or Short Form Plat shall be allowed to be recorded in the Plat Records of the County, the applicant requesting plat approval shall, within the time period for which the Plat has been conditionally approved by the City:
(i) Construct all improvements as required by this Ordinance, and provide a surety instrument guaranteeing their maintenance as required herein; or
(ii) Provide a surety instrument guaranteeing construction of all improvements required by this Ordinance, and as provided for herein.
(2) In all instances, the original copy of the Final Plat, Amended Plat or Short Form Plat, without benefit of required signatures of City Officials, shall be held in escrow by the City and shall not be released for any purpose until such time as the conditions of this Section are complied with.
(3) Upon the requirements of this Section being satisfied, the Final Plat, Amended Plat or Short Form Plat shall be considered fully approved, except as otherwise provided for in this Ordinance, and the original copy of the Plat shall be signed by the appropriate City officials and City staff shall file said Plat in the Plat Records of the County.
(4) All improvements shall be designed and installed so as to provide for a logical system of utilities, drainage and streets and to create continuity of improvements for the development of adjacent properties. Water, wastewater, transportation and drainage improvements shall be extended to the perimeter of the development, except that the Commission is authorized to vary or modify the requirement for extending water, wastewater, transportation and drainage improvements to the perimeter of a subdivision in accordance with the procedural requirements contained in this Ordinance.
(c) Completion of Improvements. Prior to the signing of the approved Final Plat, Amended Plat or Short Form Plat by the Chairman of the Commission and Mayor of the City of Trinidad, the developer shall:
(1) Complete all improvements required by this Ordinance in accordance with the approved Construction Plans and subject to the approval of the City Engineer and acceptance by the City, except as otherwise provided for in this Ordinance.
(2) Construct all sidewalks as shown on the approved Construction Plans and according to the City standard details and specifications, if any. Sidewalks must be constructed and approved for each lot prior to issuance of a certificate of occupancy, unless sufficient bonds are provided as set forth in Section 5.01(d)(1).
(d) Alternative to Completing Improvements. The City may waive the requirement that the developer complete all improvements required by this Ordinance prior to the signing of the approved Plat, contingent upon securing from the developer a guarantee, as provided for by this Section, for completion of all required improvements, including the City's cost for collecting the guaranteed funds and administering the completion of improvements, in the event the developer defaults. The Commission and Council must be notified that this waiver was granted at the time of Preliminary Plat approval or in the case of Amended Plats or Short Form Plats upon notice and approval. Such guarantee shall take one of the following forms:
(1) Performance Bond. The developer shall post a performance bond with the City, as set forth herein, in an amount equal to 110 percent of the estimated construction costs for all remaining required improvements, using a form acceptable to the City.
(2) Escrow Account. The developer shall deposit cash, or other instrument readily convertible into cash at face value, either with the City, or in escrow with a bank or savings and loan institution. The use of any instrument other than cash shall be subject to the approval of the City. The amount of the deposit shall equal 110 percent of the estimated construction costs for all remaining required improvements. In the case of any escrow account, the developer shall file with the City an agreement between the financial institution and the developer guaranteeing the following:
(i) That the funds of said escrow account shall be held in trust until released by the City and may not be used or pledged by the developer as security in any other matter during that period.
(ii) That in the case of a failure on the part of the developer to complete said improvements, the financial institution shall immediately make the funds in said account available to the City for use in the completion of those improvements. Such escrow account agreement shall be prepared using a form acceptable to the City.
(3) Letter of Credit. The developer shall provide a letter of credit from a bank or other reputable institution or individual. This letter shall be submitted to the City and shall certify the following:
(i) That the creditor does guarantee funds equal to 110% of the estimated construction costs for all remaining required improvements.
(ii) That, in the case of failure on the part of the developer to complete the specified improvements within the required time period, the creditor shall pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements, up to the limit of credit stated in the letter.
(iii) That this letter of credit may not be withdrawn, or reduced in amount, until approved by the City according to provisions of this Ordinance. Such Letter of Credit shall be prepared using a form acceptable to the City.
(4) Cost Estimates. A registered professional engineer licensed to practice in the State of Texas shall furnish estimates of the costs of all required improvements to the City Engineer who shall review the estimates in order to determine the adequacy of the guarantee instrument for insuring the construction of the required facilities.
(5) Surety Acceptance. The bank, financial institution, insurer, person or entity providing any letter of credit, bond or holding any escrow account, pursuant to this Ordinance, shall meet or exceed the minimum requirements established by City ordinance and shall be subject to approval by the City as provided in the ordinances of the City.
(6) Sufficiency. Such surety shall comply with all statutory requirements and shall be satisfactory to the City Attorney as to form, sufficiency, and manner of execution as set forth in this Ordinance. All such surety instruments shall be both a payment and performance guarantee.
(7) If the project is located in the extraterritorial jurisdiction of the City, and is subject to the bonding requirements of the County for the construction of roadways, then that amount of money shall be reduced from the amount required to be posted with the City, provided that the instrument is transferable from the County to the City upon annexation.
(e) Time Limit for Completing Improvements. The period within which required improvements must be completed shall be incorporated in the surety instrument and shall not in any event, without prior approval of the City, exceed one year from date of Final, Amended or Short Form Plat approval.
(1) The Commission may, upon application of the developer and upon proof of hardship, recommend to the Council extension of the completion date set forth in such bond or other instrument for a maximum period of one additional year. Such hardship may include delays imposed due to City projects. An application for extension shall be accompanied by an updated estimate of construction costs prepared by a registered professional engineer, licensed to practice in the State of Texas. A surety instrument for guaranteeing completion of remaining required improvements must be filed in an amount equal to 110 percent of the updated estimate of construction costs as approved by the City Engineer.
(2) The Council may at any time during the period of such surety instrument accept a substitution of principal sureties upon recommendation of the Commission
(f) Failure to Complete Improvements. Approval of all plats shall be deemed to have expired in subdivisions for which no assurances for completion have been posted or the improvements have not been completed within one year of plat approval, unless otherwise approved by the City. In those cases where a surety instrument has been required and improvements have not been completed within the terms of said surety instrument, the City may declare the developer and/or surety to be in default and require that all the improvements be installed.
(g) Inspection and Acceptance of Improvements. The City Engineer shall inspect all required improvements, to ensure compliance with City requirements and approved Construction Plans.
(1) When all required improvements have been satisfactorily completed, the City Engineer shall either:
(i) Accept, in writing, the improvements as having been satisfactorily completed, or
(ii) Issue a punch list to the developer denoting items remaining to be completed.
(2) The City Engineer shall have ten working days to complete this inspection upon notification by the developer.
(3) The City Engineer shall issue the report within ten working days of the date of inspection.
(4) The City shall not accept dedications of required improvements nor release or reduce a performance bond or other assurance, until such time as it determines that:
(i) All improvements have been satisfactorily completed.
(ii) Two copies of as-built plans have been submitted to and approved by the City Engineer, along with a statement prepared by a licensed professional engineer that all improvements have been installed and constructed in accordance with the submitted as-built plans.
(iii) Copies of all inspection reports, shop drawings and certified test results of construction materials have been submitted to and approved by the City Engineer.
(iv) Diskette(s) containing computed-generated drawings of all public improvements shown on the Construction Plans have been submitted to the City Engineer to update City record drawings.
(v) The required maintenance guarantee has been provided.
(vi) Any and all other requirements identified in the platting process have been satisfied.
(h) Reduction or Release of Improvement Surety Instrument.
(1) A surety instrument may be reduced with the approval of the City Engineer, and the City Administrator, upon actual construction of required improvements by a ratio that the improvement bears to the total public improvements required for he subdivision, as determined by the City Engineer.
(2) Before the City shall reduce said surety instrument, the developer shall provide a new surety instrument in an amount equal to 110 percent of the estimated cost of the remaining required improvements, and such new surety instrument shall comply with this Ordinance.
(3) The substitution of a new surety instrument shall in no way change or modify the terms and conditions of the performance surety instrument or the obligation of the developer as specified in the performance surety instrument.
(4) In no event shall a surety instrument be reduced below ten percent of the principal amount of the original estimated total costs of improvements for which surety was given, prior to completion of all required improvements.
(5) The City shall not release a surety instrument unless and until all the conditions of this Ordinance have been met.
(i) Maintenance Bond Required.
(1) Before the release of any surety instrument guaranteeing the construction of required subdivision improvements or the signing of the Final, Amended or Short Form Plat where subdivision improvements were made prior to the filing of the plat for recordation, the developer shall furnish the City with a guarantee and maintenance bond or other surety instrument to assure the quality of materials and workmanship, and maintenance of all required improvements including the City's costs for invoking the surety instrument and administer the correction and/or replacement of covered improvements in the event the developer defaults.
(2) The warranty and maintenance bond or other surety instrument shall be satisfactory to the City Attorney as to form, sufficiency, and manner of execution.
(3) Said warranty or other instrument shall be in an amount equal to 100 percent of the cost of improvements verified by the City Engineer and shall run for a period of one calendar year measured from the date of release of the performance surety instrument, or signing and recording of the Final Plat, whichever is later.
(4) Said maintenance bond or other instrument shall be in an amount equal to ten percent of the cost of improvements verified by the City Engineer and shall run for a period of one calendar year measured from the date of release of the warranty bond.
(5) In an instance where a warranty or maintenance bond or other surety instrument has been posted and a defect or failure of any required improvement occurs within the period of coverage, the City will require performance under bond or surety instrument.
(j) Plans for Improvements. Plans for the improvements required by this Ordinance shall be prepared, reviewed and approved in accordance with the provisions set forth in this Ordinance.
(k) Acceptance of Improvements.
(1) During the course of installation and construction of the required improvements, the City Engineer or his/her designated representative shall make periodic inspections of the work to ensure that all improvements comply with City requirements.
(2) Upon completion of all required improvements, the developer may seek acceptance of all public improvements by the City by following the procedures set forth in the applicable sections of this Ordinance.
(l) Maintenance of Improvements. Where a subdivision contains drainage, transportation, water or wastewater improvements, parks and grounds held in common or, other physical facilities necessary or desirable for the welfare of the area, or that are of common use or benefit which will not be, or cannot be, satisfactorily maintained by an existing public agency, provision shall be made which is acceptable to the City Council for the proper and continuous operation, maintenance, and supervision of such facilities. A copy of the agreements providing for the proper and continuous operation, maintenance and supervision of such facilities shall be presented to and approved by the Council, and approved as to form by the City Attorney, at the time of Final Platting and shall be filed of record with the plat thereof.
(Ord. 2022-002, passed 4-19-2022)