The URL can be used to link to this page

Home My WebLink AboutOrd 431-2009 Maintenance Bonds Requirement.pdfCITY OF ANNA, TEXAS AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CiTY CODE OF ORDINANCES BY AMENDING PART III -A, SUBDIVISION REGULATIONS, REGARDING REGULATIONS RELATING TO MAINTENANCE BONDS, INCLUDING A TWO-YEAR BOND REQUIREMENT AND RELATED AMENDMENTS; PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $500; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. # ` • • • • • `i • • WHEREAS, the City of Anna, Texas City Council has investigated and determined that it would be advantageous and beneficial to the City and its citizens to amend the Anna City Code of Ordinances ("Anna Code"), Part IiI-A, Subdivision Regulations, by increasing the time period for maintenance bonds to two years and clarifying other aspects of regulations concerning maintenance bonds; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The above -referenced recitals are incorporated herein as if set forth in full for all purposes. Section 2. Amendment to Part 111-A, Subdivision Regulations, Article IV, Section 4.05. 11111 • • •»' ' lill IF Ill 4 • • ' ••' • • • Section 4.05 Final Plat - Requirements of City Secretary The City Secretary shall, within 30 days after City Council approval, take action on Plats as follows: (a) for Plats located within the corporate limits of the City of Anna, review the file Plat for proper signature and approval. Ord. 431-2009 Maintenance Bond Requkements.doc 1 02-10-M (b) for Plats located outside the corporate limits of the City of Anna but within its Extraterritorial Jurisdiction, review the final Plat for proper signature and approval and forward same to the City's development department for further review,and fai:war-d Gepies to the Gounty judge fGF aGtien and appiteval 1 11 G RFAi66i9Re0s GeuFt, with FetUFA the Pia' 'iGF tG FeG - Wing at Go-Rty G!eFk's- 0MG8. (c) after the final Plat has been accepted and the Subdivider has constructed all required improvements and such improvements have been accepted and a maintenance bond filed as provided for in this seGtkwQart of the Code, or after the final Plat has been accepted and the Subdivider has filed the security and maintenance bond as provided for in this eeGtkwkart of the Code, the City Secretary shall cause the final Plat to be recorded with the County Clerk or clerks in the county or counties in which the Subdivision lies. No Plat shall be filed without the written consent of the Subdivider. If the Subdivider fails to give such written consent within ninety days of the date of final approval of the Plat, the City Council may at any time thereafter cancel such acceptance. (d) retain three copies of Plat recorded in the County Records for the City files. Section 3. Amendment to Part III -A, Subdivision Regulations, Article IV, Section 6.01. In accordance with Part 11, Article 1, Section 9 of the Anna Code, the following amendment is made to the Anna Code, Part 111-A Subdivision Regulations, Article IV, Section 5.01: Subdivider shall direct his engineer to stake and supervise the construction of facilities in accordance with approved plans and specification and these in the approved engineering plans, under conditions described in either paragraph 5.01 (a) or paragraph 5.01 (b). (a) If the Subdivider chooses to construct the required improvements prior to recordation of the final Plat, all such construction shall be inspected while in progress by the appropriate City official/department and periodically by the City's consulting engineer and must be approved upon completion by the City's consulting engineer. A certificate by such engineer stating that the construction conforms to the specifications and Ord. 0009 Maintenance Bond Requirernents.doe 2 02-10-09 standards contained in or referred to herein must be presented to the City Council prior to approval of the final Plat. Prior to such approval, the Subdivider shall file with the City a bond, executed by a surety company holding a license to do business in the State of Texas, and acceptable to the City, in an amount equal to 100% of the cost of the improvements required, as estimated by the City's consulting engineer, conditioned that the Subdivider will maintain such improvements in good condition for a period of e4*NLo years after approval of the final Plat. Such bond shall be approved as to form and legality by the City Attorney. (b) If the Subdivider chooses to file a security and maintenance bond in lieu of completing construction prior to final Plat approval, he may utilize either of the following methods of posting security. If the Subdivider chooses to file security, the Plat shall not be approved unless the Subdivider has done one of the following: (1) has filed with the City a bond executed by a surety company licensed to do business in Texas and acceptable to the City, in an amount equal to the cost of the improvements required by this seekmpart of the Code as estimated by the City's consulting engineer, conditioned that the Subdivider will complete such improvement within two years after approval of such Plat, such bond to be approved as to form and legality by the City Attorney; or (2) has placed on deposit in a bank or trust company selected by the Subdivider and approved by the City, in a trust account a sum of money equal to the estimated cost of all site improvements (as estimated by the City's consulting engineer) required by this 6eGtiGA part of the Code. Selection of the trustee shall be subject to approval by the City and the trust agreement shall be approved as to form and legality by the City Attorney. (c) If either type of security is filed by the Subdivider under paragraph 5.01 (b), a filing of such security shall be accompanied by a bond executed by a surety company licensed to do business in Texas and acceptable to the City in an amount equal to 100% of the cost of the improvements required as estimated by the City's consulting engineer, conditioned that the Subdivider will maintain such improvements in good condition for a period of ene two years after final acceptance of the completed construction by the City's consulting engineer, as provided in paragraph 5.01(d). Such bond shall be approved as to form and legality by the City Attorney. (d) If either type of security is filed by the Subdivider under paragraph 5.01 (b), the City's consulting engineer shall observe the construction of the improvements while in progress and shall inspect such improvements upon completion of construction. After final inspection, he Ord. 1-2009 Maintenance Bond Requirements.doc 3 02-10-09 43 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 referenced herein. If he rejects such construction, the City Attorney shall, on direction of the City Council, proceed to enforce the guarantees provided in this section of the Code. (e) Where good cause exists, the City Council may extend the period of time for completion under paragraph 5.01 (b) for an additional period of time not toexceed one Nosuch extensionbe granted unless security as provided in paragraph 5.01 (b) has been provided by the Subdivider ! ithe extended period oftime. Section 4. Amendment to Part III -A, Subdivision Regulations, Article Vill, Section 5.19. SectionIn accordance with Part 11, Article 1, Section 9 of the Anna Code, the following 2mendment is made to the Anna Code, Part 111-A Subdivision Regulations, Article Vill, • 5.19 Engineering Plans Required for Public Improvements (a) Before approval and acceptance of any final Plat, the Developer shall prepare and submit three copies of the complete engineering plans of Streets, Alleys, curbs and gutters, storm sewers and drainage structures, and water and sanitary sewer improvements for the area covered by the final Plat. The Developer shall have these plans prepared by qualified engineer(s), subject to the approval of the plans by the City. The Zoning Administrator shall review the plans and specifications and, if approved, shall mark them "APPROVED" and return one set to the Developer. If not approved, two sets shall be marked, with the objections noted, and returned to the Developer for corrections. (b) After approval of the Plat and of the plans and specifications, the Developer shall cause a contractor to install the facilities in accordance with the approved plans and specifications and the regulations of this article. The Developer shall cause the engineer(s) to design, stake, and supervise the construction of such improvements, and shall cause the contractor to construct the said improvements in accordance with these regulations. (c) After the improvements have been completed and have been found to be installed in accordance with the approved plans and specifications, upon receipt by the City of a one yea two- ear maintenance bond in the O -2009 Maintenanoe Bond Requiremnts.doc 4 02-10-09 amount of 100% of the contract price from each separate contractor approved as to form and legality by the City Attorney, along with three sets of "as -built" plans and one set of "as -built" sepias, and upon receipt of a letter of the contractor's compliance with these regulations, then the Zoning Administrator shall receive and approve for the City the title, use, and maintenance of the improvements. Section S. Amendment to Part III -A, Subdivision Regulations, Article XII. In accordance with Part II, Article 1, Section 9 of the Anna Code, the following amendment is made to the Anna Code, Part III -A Subdivision Regulations, Article XII: Article XII. MAINTENANCE BOND A Subdivider shall furnish a good and sufficient maintenance bond with issued Ida reputable and solvent corporate surety, in favor of the City, to indemnify the City against any repairs which may become necessary to any part of the construction work performed in connection with the Subdivision, arising from defective workmanship or materials used therein, for a full period of one yeas two years from the date of final acceptance of the entire project. A separate maintenance bond must be furnished for work done under each contract for each part of such construction work unless otherwise authorized by the City. Final acceptance will be withheld until said maintenance bond is furnished to the and approved by the City Attorney fGFappi;eycad. The maintenance bond shall have attached thereto a copy of the contract for such improvements and such other information and data necessary to determine the validity and enforceability of such bond. When the bond has been examined and approved, the City Attorney shall fUFROSh the Gity Geunril with so specify in writing to the City's development department. and # f*h o permits shall be issued by the Building Inspector of the City on any piece of property other than an original or a re -subdivided lot in a duly approved and recorded Subdivision or on a lot of separate ownership of record prior to the adoption of the Subdivision Regulations. (Ord. No. 2001-16, adopted 911112001; Ord. No. 31- D o i , adopted 211012009) Section 6. Penalty. A violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such OWio-2009 Maintenance Bond Requinernents.doc 5 02-10-09 violation shall be fined in an amount not to exceed $500 for each incidence of violation. Each violation is considered a separate offense and will be punished separately. Section 7. Savings, Severabillity and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. 1111 111 i " 1!1 *=ff-7jT-1:41'L 'Mon � 011 a I , '111111•;t7-X*=,- -r- in 7-4'—M OTT M "'Wai PASSED by the City Council of the City of Anna, Texas, this 10th day of February, 2009. ATTESTED: �' M111- i9ply Secretary, Natha Wilkison W*' Clrdto -2009 Mainrt nce Bond Requirementsdoe 6 APPROVED: M*bF Pro Tem, Kevin Anderson 02-10-09