Ordinance No. 913ORDINANCE NO. 9 �3
AN ORDINANCE REPEALING AMENDATORY ORDINANCE NO. 878, PASSED
BY THE CITY COUNCIL OF THE CITY OF BAYTOWN ON THE 27TH DAY
OF JULY, 1967, ELIMINATING THE RIGHT OF A SUBDIVIDER TO POST
A BOND GUARANTEEING TO THE CITY THE COMPLETION OF SUBDIVISION;
AND AMENDING CHAPTER 27 (SUBDIVISIONS), SECTION 27.20, SUB-
SECTION (h), OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, BY
ALLOWING A SUBDIVIDER TO CONSTRUCT THE REQUIRED IMPROVEMENTS
PRIOR TO RECORDATION OF THE FINAL PLAT, OR ALLOWING THE FILING
OF SECURITY BY THE SUBDIVIDER IN LIEU OF COMPLETING CONSTRUC-
TION PRIOR TO FINAL PLAT APPROVAL, IN THE FORM OF A PERFORMANCE
BOND, TRUST AGREEMENT ACCEPTED BY THE CITY OF BAYTOWN, OR AN
UNCONDITIONAL GUARANTEE FROM A BANK OR FEDERALLY INSURED SAVINGS
AND LOAN ASSOCIATION OR OTHER FINANCIAL INSTITUTION AS APPROVED
BY THE CITY OF BAYTOWN; REPEALING ORDINANCES INCONSISTENT
HEREWITH; CONTAINING A SAVINGS CLAUSE AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
WHEREAS, the City of Baytown regulates the subdividing and the
platting of land within its corporate limits; and
WHEREAS, Amendatory Ordinance No. 878 eliminated the right of a
subdivider to post security guaranteeing to the City final completion of
a subdivision, and required that all improvements be actually completed
prior to final approval by the Planning and Zoning Commission; and
WHEREAS. Chapter 27 (Subdivisions) of the Code of Ordinances,
City of Baytown, does not provide for completion of a subdivision prior
to final approval by the Planning and Zoning Commission without the neces-
sity of filing a bond, and further does not provide for alternative methods
of posting security; NOW, THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1: Amendatory Ordinance No. 878 is hereby repealed and
all provisions thereof will cease to have force and effect from and after
the effective date of this ordinance.
Section 2: That Chapter 27 (Subdivisions), Section 27.20, Sub-
Section (h) of the Code of Ordinances, City of Baytown, Texas, is hereby
amended to read as follows, to -wit:
(h) Guarantee of Performance
(1) I€ the subdivider chooses to construct the re-
quired improvements prior to recordation of the final plat,
all such construction shall be inspected while in progress
by the City Engineering Department, and must be approved upon
completion by The Director of Public Works. A certificate
by such officer stating that the construction conforms to
the specifications and standards contained in or referred
to herein must be presented to the Planning and Zoning
Commission prior to approval of the final plat.
(2) If the subdivider chooses to file security in
lieu of completing construction prior to final plat approval,
he may utilize one 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:
(i) PERFORMANCE BOND: Has filed with the Planning
and Zoning Commission a bond executed by a surety company
holding a license to do business in the State of Texas, and
acceptable to the City of Baytown, on the form provided by
the City, in an amount equal to the cost of the improve-
ments required by this Chapter and within the time for com-
pletion of the improvements as estimated by the Director
of Public Works. The performance bond shall be approved
as to form and legality by the City Attorney; or
(ii) TRUST AGREEMENT: Has placed on deposit in
a bank or trust company in the name of the City, and approved
by the City of Baytown, in a trust account a sum of money
equal to the estimated cost of all site improvements re-
quired by this Chapter, the cost and time of completion as
estimated by the Director of Public Works. Selection of
the trustee shall be subject to approval by the City of
Baytown and the trust agreement shall be executed on the
form provided by the City and approved as to form and legality
by the City Attorney; or
(iii) UNCONDITIONAL GUARANTEE FROM BANK OR FEDERALLY
INSURED SAVINGS AND LOAN ASSOCIATION OR OTHER FINANCIAL INSTI-
TUTION AS APPROVED BY THE CITY OF BAYTOWN: Has filed with
the Planning and Zoning Commission a letter on the form
provided by the City, signed by a principal officer of a
bank or federally insured savings and loan association or
other financial institution, acceptable to the City of
Baytown, agreeing to pay to the City of Baytown, on demand,
a stipulated sum of money to apply to the estimated costs
of installation of all improvements for which the subdivider
or developer is responsible under this Chapter. The guaran-
teed payment sum shall be the estimated costs and scheduling
as prepared by the Director of Public Works. The letter shall
state the name of the subdivision and shall list the improve-
ments which the subdivider or developer is required to provide.
(3) The subdivider, or developer, shall guarantee that
all materials and workmanship in connection with the improve-
ments required under this Chapter are free of defects for
a period of one year after acceptance of the improvements by
the Director of Public Works. The subdivider, or developer,
if using construction contractors for furnishing the materials
and /or installing the improvements required under this Chapter,
shall require that all contracts include such a guarantee.
(4) If one of the above three types of security is filed
by the subdivider under Paragraph 2 of this Sub - Section, the
Director of Public Works shall inspect the construction of the
improvements while in progress, and he shall inspect such im-
provements upon completion of construction. After final in-
spection, he 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 referred to
herein. If he rejects such construction, the City Attorney
shall, on direction of the City Council, proceed to enforce the
guarantees provided in this Sub- Section.
(5) Where good cause exists, the Director of Public Works
may extend the period of time for completion under Paragraph 2
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of this Sub - Section. Such extension of time shall be
reported to the Planning and Zoning Commission and re-
corded in the minutes. No such extension shall be
granted unless security as provided in said Paragraph 2
has been provided by the subdivider covering the ex-
tended period of time.
Section 3: The following forms shall be utilized in filing
one of the three types of security provided for in the Amendment to
Chapter 27 of the Code of Ordinances, City of Baytown:
PERFORMANCE BOND
STATE OF TEXAS Know All Men By These Presents:
COUNTY OF
That we, , the undersigned, as principal,
and , as surety, hold ourselves firmly
bound unto the City of Baytown, Texas, a municipal corporation of the
County of Harris and State of Texas, in the full and just sum of $ ,
for the full payment of which we hereby bind ourselves, and our res-
pective heirs, administrators, executors and assigns, jointly and severally,
by these presents.
WHEREAS. the principal has petitioned the Planning and Zoning Commission
of the City of Baytown, Texas, for final plat approval of the following
mentioned subdivision in the said City (or within two miles thereof),
and desires to have the plat of same recorded with the County Clerk's
Office prior to the completion of the site improvements required by the
Code of Ordinances of the City of Baytown. The subdivision is named and
is more particularly described as follows, to -wit:
WHEREAS, under the provisions of Chapter 27 of the Code of Ordinances of
the City of Baytown, Texas, the Planning and Zoning Commission, as a
condition precedent to the granting of such petition, requires the prin-
cipal to furnish a guarantee that he will construct or cause to be con-
structed, according to the provisions of such Chapter, the following
public utilities, improvements and streets:
NOW THEREFORE, the condition of this obligation is such that, if the
principal shall, on or before the day of , 19 , or
as such time shall be otherwise extended, construct or cause to be con-
structed the above mentioned improvements in accordance with said Chapter
27 of the Code of Ordinances of the City of Baytown, Texas, then this
obligation shall be void, otherwise the obligation under this bond will
remain in full force and effect.
In testimony whereof witness our hands and seal this day of
, l9
Approved and accepted this
Subdivider & Principal
Surety [Seal]
By:
Its Attorney -in -Fact
day of 19
CITY OF BAYTOWN, TEXAS
By:
Title
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TRUST AGREEMENT
This agreement is by and between , subdivider,
and , trustee, for the benefit
of the City of Baytown, beneficiary.
Subdivider has deposited (or herein deposits) subject to the order
of subdivider and trustee jointly, in the
(name & location of bank or trust co.)
Texas, the sum of $ for the purpose of constructing site improve-
ments in subdivision in Harris County,
Texas, for the benefit of the public represented by the City of Baytown, Texas,
such site improvements being more particularly described as follows:
TYPE OF SITE IMPROVEMENT ESTIMATED COST
Streets $
Sidewalks $
Storm Drainage $
Sanitary Sewers $
Other
TOTAL $
Subdivider agrees to construct such site improvements within
of the date of approval of the plat by the Planning and Zoning Commission
of such City. Upon the failure of the subdivider to provide such site im-
provements as herein provided, the trust account shall be paid by trustee
to the City of Baytown, Texas, for the sole purpose of completing, repairing,
maintaining or otherwise completing the above mentioned site improvements in
such subdivision. A resolution by the City Council of the City of Baytown,
Texas, declaring that such site improvements have not been completed as re-
quired by applicable subdivision regulations within the time authorized by
the Director of Public Works shall be final and conclusive on the parties
to this agreement. Payment to the City shall be made on the order of the
trustee without the necessity of joinder by the subdivider.
A certificate that the sum required herein in on deposit in the above named
bank or trust company subject to withdrawal as provided herein, signed by
an authorized official thereof, is attached hereto.
A copy of this contract has been supplied to the above named bank or trust
company by the undersigned trustee.
(Subdivider)
By:
(Trustee)
By:
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UNCONDITIONAL GUARANTEE FROM BANK
OR
FEDERALLY INSURED SAVINGS & LOAN ASSOCIATION
OR
OTHER FINANCIAL INSTITUTION APPROVED BY THE CITY OF BAYTOWN
DATE
The City of Baytown
Harris County, Texas
Gentlemen:
hereby agrees and promises to pay
(Bank or Lending Agency)
to the CITY OF BAYTOudN. TEXAS, on demand, the sum of
dollars
($ ), which sum is to be applied toward the installation
and /or completion of the following mentioned site improvements in
, for which full and final completion
(Name of Subdivision)
the developer , his
(Name of Subdivision Developer)
heirs and assigns,shall be responsible under Chapter 27 of the Code of
Ordinances of the City of Baytown, such improvements being specifically
described and scheduled as follows:
(List and describe each improvement)
Very truly yours,
(Name of Bank or Lending Agency
By (Title of Officer)
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Section 4: REPEALING CLAUSE: All ordinances or parts of
ordinances inconsistent with the terms of this Ordinance are hereby re-
pealed; provided, however, that such repeal shall be only to the extent
of such inconsistency, and in all other respects this Ordinance shall be
cumulative of other ordinances regulating and governing the subject mat-
ter covered by this Ordinance.
Section 5: SAVINGS CLAUSE: If any provision, section, sub-
section, paragraph, sentence, clause or phrase of this Ordinance or the
application of same to any person or set of circumstances, shall for any
reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this Ordinance or
their application to other persons or sets of circumstances and to this
end, all provisions of this Ordinance are declared to be severable.
Section 6: EFFECTIVE DATE: This Ordinance shall take effect
from and after ten (10) days from its passage by the City Council. The
City Clerk is hereby directed to give notice hereof by causing the caption
of this Ordinance to be published in the official newspaper of the City of
Baytown at least twice within ten (10) days after the passage of this
Ordinance.
INTRODUCED. READ. and PASSED by the affirmative vote of a majority
of the City Council this 14th day of March, 1968.
ATTEST:
e� 1)� A)
Edna Oliver, City Clerk
APPROVED:
William R. Laughlin, 11ity Attorney
Seaborn Cravey, Mayor
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