HomeMy WebLinkAboutORD 00-76 ORDINANCE NO. QC�
ENTITLED AN ORDINANCE AMENDING ARTICLE IV, SECTION 24-
26, OF THE CODE OF ORDINANCES OF THE CITY OF
BEAUMONT TO AMEND THE ALTERNATIVES TO COMPLETION
OF IMPROVEMENTS AND ADDING (e) DEALING WITH
CONNECTION TO UTILITIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL; AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Article IV, Section 24-26(a) of the Code of Ordinances of the City of Beaumont be
and the same is hereby amended as follows:
ARTICLE IV. ASSURANCE FOR COMPLETION OF IMPROVEMENTS
Sec. 24-26. Alternatives to completion of improvements.
"In lieu of requiring the completion of all improvements prior to the approval
and recording of the final plat, the City Manager or his designee may, at his
discretion, enter into an agreement with the subdivider whereby the
subdivider shall provide one of the following guarantees:
(a) The applicant shall post cash, a payment or performance bond, or
an irrevocable letter of credit payable to the City of Beaumont in an
amount equal to 130% of the estimated cost. This amount shall
include the City's cost of administering the completion of the
improvement in the event the subdivider defaults as provided
herein. The security shall be deposited with the City or in escrow
with a bank at the option of the City. Such bond or letter of credit
shall comply with all statutory requirements and shall be
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satisfactory to the City Attorney as to form, sufficiency, and manner
of execution as set forth in these regulations. The period within
which required improvements must be completed shall be specified
by the City Manager or his designee and shall be incorporated in
the bond or letter of credit. In those cases where a bond or letter
of credit has been posted and the required improvements have not
been installed within the terms of the bond or letter of credit, the
government body may thereupon declare the bond or letter of
credit in default and require that all of the improvements be
installed.
ARTICLE IV. ASSURANCE FOR COMPLETION OF IMPROVEMENTS
Sec. 24-26 of the Code of Ordinances of the City of Beaumont be and the same
is hereby amended to add a new provision (e) to read as follows:
"(e) Connections to City utilities shall not occur until all improvements have
been accepted by the City and the final plat has been approved and recorded."
Section
That if any section, subsection, sentence, clause or phrase of this
ordinance, or the application of same to a particular set of persons or
circumstances should for any reason be held to be invalid, such invalidity shall not
affect the remaining portions of this ordinance, and to such end the various
portions and provisions of this ordinance are declared to be severable.
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Section 3.
That any person who violates any provision of this ordinance shall, upon
conviction, be punished as provided in Section 1-8 of the Code of Ordinances of
the City of Beaumont, Texas.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed
to the extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the
5�— day of �v �n-C�e s , 2000.
- Mayor -
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