ORD-2025-01 Development Code Effective January 25, 2025

3 CHAPTER

Subdivisions

E. A performance bond submitted to the City by a surety company holding a license to do business in the State of Texas and providing a date for completion of the required public improvements.

C. Assign its right to receive funds under the security instrument to any third party, including a subsequent owner of the development, in exchange for the subsequent owner’s agreement and posting of security to complete the public improvements serving the tract.

F. Other forms of security may be considered by the City.

Division 3: INSPECTION AND ACCEPTANCE OF PUBLIC IMPROVEMENTS

(Ord. No. 2023-72, 10-17-2023)

Section 3.4.2.4 Amount and Acceptability

Section 3.4.3.1 Inspections

The security shall be issued in the amount of one hundred twenty five (125%) percent of the cost estimate approved by the Responsible Official for all public improvements associated with the subdivision. The security shall be subject to the approval of the City Attorney. Section 3.4.2.5 Security for Construction in Extraterritorial Jurisdiction Where the land to be platted lies within the extraterritorial jurisdiction of the City, the security shall be in a form and contain such terms as are consistent with the interlocal agreement between the City and the county in which the land is located. In cases where the requirements governing the form and terms of the security are defined in such an agreement, they shall supersede any conflicting provisions of this code. Section 3.4.2.6 Partial Release If, in the opinion of the Responsible Official, the public improvements have commenced in good faith, a partial release for construction may be issued. A lot must have permanent street access installed to it prior to this release. Section 3.4.2.7 Remedies In addition to all other remedies authorized where a subdivision improvement agreement has been executed and security has been posted and required public Improvements have not been installed in accordance with the terms of the agreement, the City may: A. Declare the agreement to be in default and require that all the public Improvements be installed regardless of the extent of completion of the development at the time the agreement is declared to be in default; B. Obtain funds under the security instrument provided and complete the improvements itself or through a third party; or

A. Inspection shall be in accordance with Section 2.3.6.1.

Section 3.4.3.2 Acceptance of Improvements

A. The Responsible Official shall accept the improvements on behalf of the City upon receipt of a close out package including: 1. A covenant to warranty the required public improvements for a period of one year following acceptance by the City of all required public improvements; 2. A maintenance bond in the amount of twenty (20) percent of the costs of the improvements for such period; and 3. A detailed “as-built” record drawing in conformance with the technical manual, recorded copies of any easements not shown on the plat, and any other information necessary to establish that the public improvements have been built in accordance with the approved construction plans. B. Acceptance of the improvements shall mean that the property owner has transferred all rights to all the public improvements to the City for use and maintenance. C. The Responsible Official may accept dedication of a portion of the required public improvements, provided adequate surety has been given for the completion of all of other improvements. D. Upon acceptance of the required public improvements, the Responsible Official shall issue a certificate to the property owner stating that all required public improvements have been satisfactorily completed.

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Amended: January 21, 2025 San Marcos Development Code