Ord 2018-002/replacement of Subpart B (Land Development Code) and Subpart C (SmartCode) with a new Subpart B (San Marcos Development Code “Code SMTX”) including Appendix A - E (Design Manual) and consider amendments to the City’s Preferred Scenario Map an

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x SUBDIVISION E. A performance bond submitted to the City by a surety agreement and posting of security to complete the public company holding a license to do business in the State of Texas improvements serving the tract. and providing a date for completion of the required public improvements. DIVISION 3: INSPECTION AND ACCEPTANCE OF PUBLIC Section 3.4.2.4 Amount and Acceptability IMPROVEMENTS The security shall be issued in the amount of one hundred Section 3.4.3.1 Inspections twenty five(125%) percent of the cost estimate approved by the A. Inspection shall be in accordance with Section 2.3.6.1. Responsible Official for all public improvements associated with the subdivision.The security shall be subject to the approval of the City Section 3.4.3.2 Acceptance of Improvements Attorney. A. The Responsible Official shall accept the improvements on Section 3.4.2.5 Security for Construction in Extraterritorial behalf of the City upon receipt of a close out package including: Jurisdiction 1. A covenant to warranty the required public improvements Where the land to be platted lies within the extraterritorial jurisdiction for a period of one year following acceptance by the City of the City,the security shall be in a form and contain such terms of all required public improvements; as are consistent with the interlocal agreement between the City and the county in which the land is located.In cases where the 2. A maintenance bond in the amount of twenty(20) percent requirements governing the form and terms of the security are of the costs of the improvements for such period; and defined in such an agreement,they shall supersede any conflicting 3. A detailed"as-built" record drawing in conformance with provisions of this code. the technical manual, recorded copies of any easements Section 3.4.2.6 Partial Release not shown on the plat, and any other information necessary to establish that the public improvements have If, in the opinion of the Responsible Official,the public been built in accordance with the approved construction improvements have commenced in good faith,a partial release plans. for construction may be issued.A lot must have permanent street access installed to it prior to this release. B. Acceptance of the improvements shall mean that the property owner has transferred all rights to all the public improvements Section 3.4.2.7 Remedies to the City for use and maintenance. In addition to all other remedies authorized where a subdivision C. The Responsible Official may accept dedication of a portion of improvement agreement has been executed and security has been the required public improvements, provided adequate surety posted and required public Improvements have not been installed in has been given for the completion of all of other improvements. accordance with the terms of the agreement,the City may: D. Upon acceptance of the required public improvements,the A. Declare the agreement to be in default and require that all the Responsible Official shall issue a certificate to the property public Improvements be installed regardless of the extent of owner stating that all required public improvements have been completion of the development at the time the agreement is satisfactorily completed. declared to be in default; Section 3.4.3.3 Disclaimer B. Obtain funds under the security instrument provided and complete the improvements itself or through a third party;or A. Approval or recordation of a preliminary or final subdivision plat or final development plat shall not constitute acceptance of any C. Assign its right to receive funds under the security instrument of the public improvements required to serve the subdivision to any third party, including a subsequent owner of the or development. No public improvements shall be accepted for development,in exchange for the subsequent owner's dedication by the City except in accordance with this Section. 3:10 San Marcos Development Code Adopted April 17,2018