§ 16.16.010. Final plat.

A.

Four copies of the final plat of a subdivision and other exhibits required for approval shall be prepared as specified in this section and shall be submitted to the planning commission within six months after approval of the preliminary plat; otherwise such approval shall become null and void unless an extension of time is applied for and granted by the commission. Application for approval of the final plat shall be submitted in writing to the planning commission at least ten (10) days prior to the meeting at which it is to be considered.

B.

The final plat shall conform substantially to the preliminary plat as approved, and, if desired by the subdivider, it may constitute only that portion of the approved preliminary plat which he or she proposes to record and develop at the same time; provided, however, that such portion conforms to all requirements of this chapter.

C.

The final plat shall be drawn to a scale of one inch to one hundred (100) feet or larger, in ink or linen. The final plat shall show or be accompanied by the following:

1.

The title or name by which the subdivision is to be identified, north point, the scale of the map, and the name of the registered professional engineer or licensed state land surveyor responsible.

2.

A definite legal description and identification of the tract being subdivided, this description shall be sufficient for the requirements of title examination. The plat shall be a descriptive diagram drawn to scale, and shall show, by reference, that the subdivision is a particular portion or part of a previously filed plat or an original grant, which diagram and description shall show as being included in the subdivision, plat or grant, out of which the instant subdivision is divided, or so much thereof, as is owned by the subdivider.

3.

The boundaries of the subdivided property, the location or designation of all streets, alleys, parks, and other areas intended to be dedicated or deeded to the public use, with proper dimensions. The boundaries shall be indicated by a heavy line equivalent to a No. 5 Payzant Pen and shall be tied by dimension to the established centerline of all existing boundary streets.

4.

The location of all adjacent streets and alleys, with their names and the names of adjoining subdivisions with exact location and designation by number of lots and blocks.

5.

All lot, block and street boundary lines, with blocks and lots numbered or lettered consecutively. Building lines and easements shall be shown and shall be defined by dimension. The actual width of all streets shall be shown, measured at right angles or radially when curved. All principal lines shall have the bearing given and deviation from the norm indicated.

6.

Accurate dimensions, both linear and angular, of all items on the plat. The boundary survey on the site shall close within one in ten thousand (10,000) and the plat for record shall so show. The linear dimensions shall be expressed in feet and the plat for record shall so show. The angular dimensions may be shown by bearings. Curved boundaries shall be fully described and all essential information given. Circular curves shall be defined by actual length of a radius and not by degree of curve. Complete dimensional data shall be given on fractional lots.

7.

The description and location of all lot and block corners and permanent survey reference monuments shall be shown.

8.

A certificate of ownership in fee of all land embraced in the subdivision, and of the authenticity of the plat and dedication, signed and acknowledged by all owners of any interest in the land. The acknowledgment acceptance of all lien holders shall be included.

9.

A certificate by a registered professional engineer or licensed land surveyor duly authenticated, that the plat is true and correct and in accordance with the determination of all surveys actually made on the ground. If the engineer or surveyor who prepared the plat did not make the original boundary survey, this fact should be noted in the certificate. Also, the certificate should show the distance the tract is from the city limits of the city, measured in a straight line from the nearest point on the city limits, unless the information is shown in suitable manner elsewhere on the face of the plat.

10.

In addition to other required certificates, the following form shall be printed on the plat:

State of Texas
County of Uvalde

 This plat of ____________ Subdivision (Addition) approved ____________ (date) by the City Planning Commission of the City of Uvalde, Texas. This the ____________ day of ____________ , 20 ____________ .

11.

If a subdivision is located outside the city limits of the city and provides for the dedication of area for the streets or other public use, the plat should provide a form in blank to record the acceptance of the plat by the commissioner's court of the county, as follows:

State of Texas
County of Uvalde

 I, ____________ , Clerk of the Commissioner's Court of Uvalde County, Texas, do certify that the foregoing map was approved and accepted by said Commissioner's Court on the ____________ day of ____________ , 20 ____________ , as shown by order of record in minutes of said Court in Vol. ____________ on page ____________ .

 Witness my hand and the seal of said court at office in Uvalde, Texas, this the ____________ day of ____________ , 20 ____________ .

____________

Clerk of Commissioner's Court

of Uvalde County, Texas

By ____________

Deputy

12.

The final plat submitted to the commission and to be filed for record with the county clerk shall not show the construction features such as curb lines or public utility lines or other structures not involved in the title covenant.

13.

A certified estimate of costs of all required land improvements to meet the subdivision requirements of the city, prepared by a licensed architect or registered engineer.

D.

The final plat shall not be approved until it has been presented to the city council and such council has authorized such approval by majority vote.

E.

The final plat shall not be approved until any one of the following has occurred:

1.

The subdivider has obtained and furnished to the city council a guaranty from and by a responsible state or national bank, savings and loan association, trust or insurance company, authorized to do business in the state and approved by the city council, of the subdivider's completion of required site improvements in the subdivision. Such a guaranty shall be in writing and state that it is unconditional, irrevocable, runs in favor of the city, obligates the guarantor to perform in the county, and obligates the guarantor to finance the completion of or to complete all required site improvements in the subdivision, at the guarantor's expense, within such time after the subdivider's default as may be required by the city council, which shall be a reasonable time. A performance bond issued by a corporate surety authorized to do business in the state, conditioned that the subdivider shall complete the required site improvements, shall be sufficient as such guaranty.

2.

The subdivider has deposited in trust with a bank or trust company selected by the subdivider and approved by the city council, an amount in cash equal to the estimated cost of all site improvements required by this chapter as estimated by a licensed architect or registered engineer and approved by the city manager, and the subdivider and bank or trust company have executed and delivered to the city council a trust agreement in form acceptable to the city council governing the administration and disposition of the deposit.

F.

All required land improvements shall be installed and completed within a period of two years after approval of the final plat. Failure of the subdivider to complete all of the improvements within this period shall result in a forfeiture under the bond or other guarantee collateral provided, unless an extension of time is requested by the subdivider and approved by the city council. In the event of failure to complete the improvements in accordance with the requirements of this chapter, the city attorney shall, on direction of the city council by resolution, proceed to enforce the guarantees provided in this chapter.

G.

The subdivider's bond or guarantee collateral shall be released only upon fulfillment of the following conditions:

1.

The completion of all required land improvements.

2.

An affidavit to the effect that the subdivider accepts responsibility for the maintenance and repair of all such land improvements for one year after the date of the acceptance of such improvements by the city council.

3.

Final acceptance by resolution by the city council of all land improvements.

(Prior code § 23-8)