Ordinance No. 9,284Published in the Baytown
Sun on December 19, 2001
ORDINANCE NO. 9284 and December 20, 2001
® AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 126 "SUBDIVISIONS" ARTICLE II "ADMINISTRATION,"
DIVISION .4 "REVIEW PROCEDURE," SUBDIVISION IV "FINAL
APPROVAL," SECTION 126 -189 "CONTENTS OF FINAL PLAT;
CONSTRUCTION APPROVAL," SUBSECTIONS (B) AND (C) OF THE
CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ALLOW THE FILING
OF A BOND OR OTHER PRESCRIBED SECURITY TO OBTAIN FINAL
PLAT APPROVAL IN CERTAIN CIRCUMSTANCES; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1. That Chapter 126 "Subdivisions" Article II "Administration," Division 4
"Review Procedure," Subdivision IV "Final Approval," Section 126 -189 "Contents of final plat;
construction approval," Subsections (b) and (c) of the Code of Ordinances, Baytown, Texas, is
hereby amended to read as follows:
CHAPTER 126 SUBDIVISIONS
ARTICLE II ADMINISTRATION
DIVISION 4 REVIEW PROCEDURE
SUBDIVISION IV FINAL APPROVAL 4
Sec. 126 -189. Contents of final plat; construction approval.
(b) All construction shall be inspected while in progress by the city engineering department
and must receive final approval upon completion by the city engineer. A letter by such
officers stating that the construction conforms to the specifications and standards
contained in or referred to in this division must be presented to the planning and
community development department prior to filing the final plat. If the subdivider
chooses to file security in lieu of completing construction prior to final plat filing, he may
utilize one of the methods of posting security. However, a subdivider may only file
security in lieu of completing construction if all water lines, sanitary sewer lines, and
stormwater systems are completed and approved by the city engineer and if at least 50
percent of all required improvements, including streets and lift stations, if any, have been
completed. If the subdivider chooses to file security, the plat shall not be filed unless the
subdivider has:
® (1) Filed with the department of planning and community development a bond
executed by a surety company licensed to do business in the state and acceptable
to the city, on the form provided by the city, in an amount equal to 110 percent of
the estimated cost of the improvements required by this chapter and conditioned
upon the satisfactory completion of all required improvements, including streets
and lift stations, if any, in full compliance with the Code within the time for
completion as established by the city engineer. The estimated cost shall be
approved by the city engineer; and the performance bond shall be approved as to
form and legality by the city attorney;
(2) Placed on deposit in a bank or trust company in the name of the city and approved
by the city and filed a copy of such with the department of planning and
community development in a trust account a sum of money equal to the 110
percent of the estimated cost of all improvements required by this chapter, which
account shall be conditioned upon the satisfactory completion of all required
improvements, including streets and lift stations, if any, in full compliance with
the Code within the time for completion as established by the city engineer. The
estimated cost shall be approved by the city engineer. Selection of the trustee
shall be subject to approval by the city, 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;
(3) Filed with the department of planning and community development 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, agreeing to pay to the city, on demand, a stipulated sum of money equal to
110 percent of the estimated cost of improvements required by this chapter to
apply to the costs of installation of all improvements for which the subdivider or
developer is responsible under this chapter. The time for completion shall be
established by the city engineer and the guarantee payment sum shall be the
estimated costs as approved by the city engineer. The letter shall state the name of
the subdivision and shall list the improvements and amounts which the subdivider
or developer is required to provide; or
(4) Filed with the department of planning and community development a cashier's or
certified check payable to the city in an amount equal to 110 percent of the
estimated cost of the improvements required by this chapter.
(c) After final inspection, the city engineer shall notify the subdivider and the director of
planning and community development in writing as to his acceptance or rejection of the
construction. If accepted, the security is released. He shall reject such construction only if
it fails to comply with the standards and specifications contained or referred to in this
chapter. If he rejects such construction, the city attorney shall proceed to enforce the
guarantees provided in this section. The city engineer may approve partial releases of the
security retained by the city upon partial acceptance by the city engineer of required
® improvements. Where good cause exists, the city engineer may extend the period of time
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® for completion under subsection (b) of this section. Such extension of time shall be
reported to the department of planning and community development. No such extension
shall be granted unless security as provided in subsection (b) of this section has been
provided by the subdivider covering the extended.period of time.
Section 2: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; 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 matter covered by this ordinance.
Section 3: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or the 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 4: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 13th day of December, 2001.
ATTEST:
aAYY W. SwIITH, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, City Attorney
IsE.jy \My Documents\ Council \01- 020ccemberTIatBondClean. doe
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PETE C. ALFAR , Mayor