1985-2531223L
NO IB5_2Z53
AN ORDINANCE AMENDING ARTICLE 3 07(A) OF CHAPTER I OF ARTICLE III
OF APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF DENTON,
TEXAS RELATING TO REQUIREMENTS TO BE MET BEFORE BEGINNING
CONSTRUCTION IN NEW DEVELOPMENTS, PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $200 00 FOR VIOLATIONS THEREOF, AND PROVIDING
FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I
That Article 3 07(A) of Chapter I of Article III of Appendix A
of the Code of Ordinances is amended to read as follows
(A) Requirements to be Met Before Construction Begins No
development, construction, improvements or modifications of
buildings or land to which this Code applies shall begin until and
unless the requirements of this article and any other applicable
ordinances are met
(1) Filing of an approved lot of record An approved lot
of record must be filed in accordance with the
provisions of this Code
(2) Preconstruction Conference A preconstruction
conference between the owner, prime contractor and
city engineer, or his designee, is required to review
the proposed improvements to be made and the
requirements of this Code
(3) Development Contract kequired For all developments
in which streets, drainage facilities, water or sewer
lines, or other improvements are to be constructed and
dedicated or conveyed to the public, a development
contract is required to insure proper construction and
completion of the improvements and payment is made
therefor Three executed copies of the development
contract, along with any required bonds, escrow
agreements or other documents, shall be submitted to
the City Engineer on forms approved by or provided by
the City
(4) Contents of Development Contract The development
contract shall be in a form and contain provisions
deemed necessary by the City Engineer, as approved by
the City Attorney, to insure proper construction and
completion of the improvements, payment is made
therefore, and compliance with the provisions of this
Code The contract shall contain, but not be limited
to, the following provisions
(a) Description and Cost A description of the
improvements, their location, and the contract
price thereof, or if there is no contract amount
yet determined, the estimated cost thereof
certified by a registered engineer
(b) Specifications That the improvements will be
constructed in accordance with the provisions of
this Code and the standards and specifications
applicable to the City's public works projects
(c) Inspection and Orders That the contractor and
subcontractors will cooperate with and abide by
the orders of the City Engineer and City's
inspectors in constructing the improvement
(d) Insurance That the owner or contractor will
comply with the insurance requirement applicable
to the City's public works projects
(e) Performance Bonds, Escrow Agreement That if
building permits are to be issued for the
development prior to completion and acceptance of
all improvements that are to be dedicated to the
public
(1) a performance bond will be submitted in an
amount, as determined by the City Engineer,
to insure completion of all improvements
therein, or
(ii) if the cost of completing the improvements at
the time the building permits are requested
is $50,000 or less, as determined by the City
Engineer, cash money in the amount of the
cost of completing the improvements, as
determined by the City Engineer, may be
deposited with a bank as escrow agent
pursuant to an escrow agreement, the form and
provisions thereof to be approved by the City
Engineer and City Attorney, to insure
completion of the improvement
(f) Maintenance Bond That prior to acceptance by the
city of any improvements, a maintenance bond will
be furnished in an amount of ten percent (108) of
the contract amount of all improvements, insuring
the repair and replacement of all defects due to
faulty materials and workmanship that appear
within a period of one year from the date of
acceptance of the improvements by the City
(g) Payment Bond, Assurance of Payment That prior to
acceptance by the City of any improvements
(i) a payment bond will be furnished in an amount
of not less than one hundred percent (1008)
of the approximate total cost of the contract
guaranteeing the full and proper protection
of all claimants supplying labor and material
for the construction of the improvements, or
(ii) if the total contract amount of all improve-
ments is Fifty Thousand Dollars ($50,000) or
less, as determined by the City Engineer, the
owner and Contractor may, in lieu of furnish-
ing 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 bids, charges, accounts and claims for
labor performed and material furnished in
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connection with the improvements 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 to furnish a list of all
subcontractors who performed labor on, or persons
supplying material for, the improvements and
require a written release from any such person
prior to acceptance of the improvements
(h) Occupancy That the Owner shall not allow any
purchases, lessee or other person to occupy any
building within the development until all
improvements are accepted by the City, that upon
violation of such restriction the owner will pay
Three Thousand Dollars (3,000 00) to the City as
liquidated damages but such payment shall not be
deemed approval of such occupancy and the City may
take whatever action is lawfully necessary to
restrain such occupancy
SECTION II
That any person violating any of the provisions of this
ordinance shall, upon conviction, be fined a sum not exceeding Two
Hundred Dollars ($200 00), and each day and every day that the
provisions of this ordinance are violated shall constitute a
separate and distinct offense This penalty is to addition to and
cumulative of, any other remedies as may be available at law and
equity
SECTION III
That this ordinance shall become effective fourteen (14) days
from the date of its passage, and the City Secretary is hereby
directed to cause the caption of this ordinance to be published
twice in the Denton Record-Chronicle, the official newspaper of
the City of Denton, Texas, within ten (10) days of the date of its
passage J
PASSED AND APPROVED this the ~ day of A&&,, g'e~a,_j985
I HA D 0 STE , MAYO
CITY OF D NTON, TEXAS
ATTEST
CHARLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY '1M
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