Ordinance No. 11,979ORDINANCE NO. 11,979
AN ORDINANCE OF THE CITY COUNCIL 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"
OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ALLOW CERTAIN
DEVELOPMENTS WITHIN A LIMITED PURPOSE ANNEXATION TO FILE
SECURITY IN LIEU OF COMPLETING CONSTRUCTION REGARDLESS OF THE
STAGE OF COMPLETION OF THE REQUIRED IMPROVEMENTS, WATER LINES,
SANITARY SEWER LINES, AND STORMWATER SYSTEMS; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING
THE 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" 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
Sec. 126 -189. Contents of final plat; construction approval.
(a) The final plat of the subdivision shall show or be accompanied by the following data:
(1) Plats shall be drawn upon sheets 24 inches by 36 inches to the scale of 100 feet to the
inch, unless another scale is approved by the director of planning and development
services;
(2) A title, including the name of the subdivision, the owner and the certification of a
registered public surveyor responsible for the plat; and the scale and location of the
subdivision with reference to original land grants or surveys, the data and north point;
(3) A certificate of ownership and dedication of all streets, easements, parks and playgrounds
to public use forever, signed and acknowledged before a notary public by the owner and
lienholder of the land;
(4) An accurate on- the - ground boundary survey of the property with bearings and distances
and showing the lines of all adjacent land, streets and easements with their names and
width. Streets and lot lines in an adjacent subdivision shall be shown dotted. All
necessary data to reproduce the plat on the ground must be shown on the plat, including
building lines;
(5) A certificate of approval to be signed by the chairman and secretary of the commission
shall be placed on the face of the plat;
(6) A certificate of approval from the county flood control district shall be placed on the face
of the plat when one of its facilities is immediately adjacent or dedication to it is required;
(7) Two copies of the proposed deed restrictions; and
(8) If any part of the plat lies in a flood hazard area, one -foot contour lines shall be drawn
with a very heavy line and designated. The plat shall also show the following statement in
print equal in size to the certificates of approval:
"Parts of this plat lower than the 100 -year flood elevation have a one
percent chance each year of being inundated by flooding."
(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 development services department prior to filing
the final plat unless a security is filed in accordance with subsection (c) hereof.
(c) 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 detailed herein based upon the type
of development.
(1) For all developments except for those listed in subsection (c)(2) of this section, 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 these requirements are met, the subdivider
may:
a. File with the department of planning and development services 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;
b. Place on deposit in a bank or trust company in the name of the city and
approved by the city and file a copy of such with the department of planning
and development services in a trust account a sum of money equal to 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
2
agreement shall be executed on the form provided by the city and approved as
to form and legality by the city attorney;
C. File with the department of planning and development services 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
d. File with the department of planning and development services 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.
(2) For developments located within an area annexed for limited purposes by the city, a
subdivider may file security in lieu of completing construction of water lines, sanitary
sewer lines, stormwater systems, and required improvements, including streets, and lift
stations, if any, if the development:
a. is located within a light industrial (LI) or heavy industrial (HI) zoning district
or
b. is comprised of only commercial uses, one of which has a building footprint in
excess of 100,000 square feet.
The security may be in any of the forms referenced in subsection (c)(1)a through
(c)(1)d of this section.
(d) After final inspection, the city engineer shall notify the subdivider and the director of planning
and development services 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 for completion under subsection (b) of this section.
Such extension of time shall be reported to the department of planning and development
services. 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 provisions, section, exception, subsection, 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 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 vot f he City Council of the City of
Baytown, this the 26d' day of July, 2012. ,J
APPROVED AS TO FORM:
e—IMNACIO RAMIREZ, SR., City mey
\ \Cobfs0l \legal \Karen \Files \City Council\Ordinances\20INuly 26\126-189 Revised Bond Language7112012.rtf