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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 PAGE