1987-0871820L
NO
AN ORDINANCE AMENDING ARTICLE 3 07 (A) OF APPENDIX A OF THE LODE
OF ORDINANCES OF THE CITY OF DENTON, TEXAS, TO PROVIDE ~OR THE
EXCLUSION O~ ONE LOT DEVELOPMENTS FROM THE REQUIREMENT OF
PROVIDING pERFORMANCE AND pAYMENT BONDS FOR THE REQUIRED PUBLIC
IMPROVEMENTS, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$200 00 FOR VIOLATION THEREOF, AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, the Denton Development Code requires all persons
requesting building permits prior to the completion and
acceptance of any required public improvements constructed for
the development, to post surety bonds or to escrow funds to
~nsure completion of the public improvements, and,
WHEREAS, the Denton Development Code requires all
aevelopmentS constructing public improvements of a value of more
than $50,000, to post a payment bond to insure the payment of
all persons providing work or materials for those improvementS,
and,
WHEREAS, the primary purpose of those security requirements
is to insure that developers selling or leasing lots or
buxld~ngs within the development complete the required public
Improvements that will be needed to serve those persons
purchasing or leasing lots or buildings in the development, and,
WHEREAS, there is no compelling need to impose similar
security requirements on a plat of a one lot development which
,s not to be subdivided for lease or sale, NOW, THEREFORE,
fHE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
sEcTION I
Fhat Article 3 07 (A)(4)(e) of Chapter I or Article III of
Appenaxx A of the Code of Ordinances is amended to read as
follows
(e) Performance Bonds, Escrow Agreement That if building
permzts are to be issued for the development prxor to
completxon and acceptance of all xmprovements that are
to be dedicated to the public, the following security
the development is a
requirements shall a~ply'- ~nleS~ln this article
"one lot development, as ae~lneu
[Note to cod~flers subparagraph 1 and 2 unchangedl
ShCTION II
-- "- 5 07 (A)(4)(g) of
that numbered paragraph 2 of Article
Cnapter I of Article III of Appendix A of the Code of Ordinances
is amended to read as follows
2 If the total contract amount of all improvements is fifty
thousand dollars ($$0,000 00) or less, as determined by
the city engineer, or the improvementS, regardless of the
contract amount, are for a "one lot development," as
defined in this article, the owner and contractor may, in
lieu of furnishing a payment bond, agree to pay and
satisfy all claimS, liens, charges and encumbrances
arising from construction of the improvements and furnish
a written affidavit, in a form provided by the city
engineer, stating that all charges, accounts, and claims
for labor performed and material furnished in connection
with the ~mprovementS have been paid in full and that
there are no unreleased recorded liens filed against the
improvements, or land to which they are affixed, that are
to be dedicated to the public
The city engineer may require the owner or contractor, or
both, to furnish a list of all contractors and subcon-
tractors who performed labor on, or persons supplying
material for, the improvementS, and require a written
release of all claims from any such person prior to
acceptance of the improvements
skCTION III
that Article 3 07 (A)(4) of Chapter I of Article III of
Appendix A of the Ordinances ~s amended by adding a new
paragraph (1) to read as follows
(1) One Lot Developments That no final plat or replat of a
"one lot development" shall be approved unless the
owners thereof shall acknowledge in writing, upon the
to be illed with the
plat, or by separate instrument
plat, that no Certificate of Occupancy shall be issued
for any building constructed or placed upon a one lot
development until all required public ~mprovementS have
been completed and accepted in accordance with th~s
contract
For the purpose of this article, "one lot development,"
shall mean any development for which a final plat or
which contains a single lot, tract,
replat is approved
or parcel of land, and which is not designed or intended
to be subdivided into separate lots for the purpose of
sale, lease, or development By way of illustration
PAGh g
only, one lot developments shall not include properties
developed for mobile home parks, condomln~ums, town-
houses, or apartmentS, or commercial or retail properties
or ~ndustr~al parkS, or other developments ~n which the
property, buildingS, or port~ons thereof are subd~vlded
for the purpose of sale, lease, or development
sECTION IV
" e a provision of this ordinance,
~., --r~on who shall vlo~at %~ .... of the requlremen~t~s
~'LY~f~2 romnlv therewith or w:~n_ .~,,~ thereunder, sha~x
or zal~= ~- ~ ~.rmlt or certificate f==~..~ ~, exceeding
thereof, or o~ ~ r~_~r vun~shable ay a ~,,~-~ ~ aaemed
be ~'-' ~ ~-~s (~200 00) ~ac- .... T -~v day or portxon
~ere~f durxng whxch any v~v~.
committed, or continued, and ~po~ CoBvlCtlOB Of any SUCh
v~olat~onS such person shall be punished w~th~n the l~m~tS above
shCTION V
That th~s ordinance shall become effectxve fourteen (14)
days from the date of ~ts passage, and the C~ty Secretary ~s
hereby d~rected to cause the caption of th~s ordinance to be
published twxce ~n the Denton Record-Chronicle, the official
newspaper of the C~ty of Denton, Texas, w~th~n ten (10) days of
the date of passage
PASSED AND APPROVED thls the day of , 1987
city O~DENTON, TEXAS
ATTEST
CIT~pF D~NTON, TEXAS
APPROVED AS TO LEGAL FORM
DhBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
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