Res 2014-135/Interlocal with Caldwell County for Subdivision Regulations

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prior to the end of the activity it secures, the County will take any action required to get the fiscal extended by the Owner or the County will collect the funds from the Surety per 3.8.4 and hold them in trust until the activity being secured is completed. If the Security for a recorded Subdivision should expire before construction of the Improvements has been completed, it shall be re- posted by the party responsible for the construction of such Improvements before construction continues. E) Construction and maintenance bonds shall provide that, should these bonds be unenforceable as a statutory bond, the obligees shall be bound by their contract as a common law obligation. F) In approving a Final Plat, the Court may order that the plat be held in abeyance and not filed or recorded until the Owner has: • submitted construction security or completed construction of the required improvements and provided a Maintenance Bond for the performance period; and • provided proof that the Final Plat has been approved by any other governmental entity with platting or other jurisdictional authority; and • met any other prerequisites set by the Court. G) Upon approval by the Court and determination that any prerequisites for filing have all been met, the Final Plat will be filed of record in the Plat Records of Caldwell County, along with any applicable covenants and/or restrictions, at the Owner's expense. If it is determined that any prerequisites for filing have not been met or if any other governmental entity with jurisdictional authority requires changes to the plat as it was previously approved by the Court, the court may reconsider the application and approve modifications, or the Court may withdraw its previous approval. 3.8.1 CONSTRUCTION BONDS A) The amount of the construction bond shall not exceed the estimated cost of construction of the streets, alleys, drainageways and other public improvements, or other maximum amount subsequently established by the State of Texas. The estimate will be based on construction plans which are acceptable to the County and current costs for such work which has been developed by the County from City, County, and State bid results and from information provided by local suppliers. B) Construction surety bonds to be filed with the County Judge shall be provided in a form approved by the County prior to the approval of a subdivision plat for recording, or shall be provided as directed by the County Engineer if no plat is filed. C) The surety company underwriting the bond(s) will be acceptable if it is listed in the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States and if it is licensed to write such bonds in the State of Texas. D) The Construction Bond shall require that the owner of the subdivision will begin construction of streets, alleys, drainageways and other public improvements shown on the subdivision plat, or otherwise located, as soon as possible after the date of approval of the plat by the Commissioners Court, or as directed, and shall diligently complete such construction in accordance with County standards and specifications within a period agreed to between the owner and the County Representative, not to exceed two years. 23