§ 18. Compliance with construction requirements.

18-1

Public works improvements. No plat of any subdivision shall receive final approval unless the subdivider has complied or provided for compliance with the policies and procedures set forth in Exhibit A, "Specifications and Design Standards for Public Works Improvements," which is attached hereto and made a part hereof. Until such policies and procedures have been complied with by the subdivider, and the plat approved by the commission as herein required, no building, water, sewer, plumbing or electrical permit shall be issued by the city as to any property in the subdivision.

18-2

Financing arrangement. As part of the application process, it will be determined by the city staff the cost [sic] of all materials necessary to develop the entire proposed subdivision. Development costs will include all on-site and off-site improvements which will be required to serve the subdivision. The city will have final decision as to what improvements will be necessary. It is required that the developer supply the city with guarantees (as specified below) for payment of all materials. The city will furnish all labor and equipment to install improvements. The city and the developer will arrange a development schedule, but developments should not extend over two (2) years, unless extenuating circumstances exist.

18-3

Phasing of plat. Where it is found to be advantageous to phase development throughout an entire subdivision, the city can approve phases of a project. However, if limited phases are approved, phases not approved will be required to be resubmitted for application and approval as specified in pertinent sections of this ordinance.

18-4

Performance bond. Prior to the approval of the subdivision plat, the subdivider must file with the city manager a bond executed by a surety company holding a license to do business in the State of Texas in an amount equal to the cost of materials for improvements, guaranteeing to the city that such improvements shall be constructed and completed in a satisfactory manner and within a period specified, but such period shall not exceed two (2) years. Said bond shall be approved by the city attorney and shall be made payable to and enforceable by the city. Upon substantial compliance and approval of all improvements as viewed by the city engineer, the bond may be released in writing by the city manager and may be returned to the developer.

18-5

Where bond not prerequisite to approval. The filing of a performance bond shall not be a condition precedent to the approval of a plat where the subdivider, prior to the last regular meeting of the commission before the expiration of sixty (60) days from the date the plat was filed for approval, has signed and filed with the commission an instrument in substantially the following form:

I, ____________ , do hereby agree that, if the proposed plat of ____________ (name of subdivision), filed by me for approval on the ____________ day of ____________ , 19 ____________ , is approved by the Planning Commission of the City of Carrizo Springs, Texas, the City Manager may retain said plat in his possession, without recording same, until I have either constructed all site improvements required under the provisions of the City of Carrizo Springs Subdivision Regulations, or have filed with the City Manager a bond in an amount equal to the cost of all such uncompleted improvements, as estimated by the City Engineer, guaranteeing that all such uncompleted improvements will be constructed within two (2) years from the date of such bond, or have placed into escrow an amount necessary to cover the cost of all materials necessary to construct required improvements.

Executed this ____________ day of ____________ , 19 ____________ .