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HomeMy WebLinkAboutResolution No. 02-03 ORIGINAL SOLUTION NO. A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, SUPPORTING THE AUSTIN RANCH PROJECT FOR FUNDING UNDER THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS LAND USE TRANSPORTATION JOINT VENTURE PROGRAM, AND PROVIDING A COMMITMENT TO THE LOCAL MATCH REQUIRED FOR FEDERAL FUNDING AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the NCTCOG requested local government to submit various land use/transportation joint venture projects for funding by the Regional Transportation Council; and WHEREAS, the City of The Colony submitted various projects which would promote sustainable developments or smart growth intended to provide housing, employment and recreational amenities in close proximity; and WHEREAS, the Regional Transportation Council has awarded $826,574.00 for the construction of three streets namely Staggs Leap, Arbor Hills Way and Saintsbury located in Austin Ranch; and WHEREAS, the City of The Colony has agreed to support these projects for federal transportation funding in exchange for the payment of associated project costs by the developer; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS. Section 1. That the City affirms that the Billingsley Development Company is proceeding satisfactorily with the Austin Ranch Development in accordance with approved plans and consistent with its application for funding under the North Central Texas Council of Governments (NCTCOG) Land Use Transportation Joint Venture Program. Section 11: That the Billingsley Development Company, the developer of the Austin Ranch project, shall be fully responsible for providing all of the local match as required for funding under the North Central Texas Council of Governments Land Use Transportation Joint Venture Program, for paying all costs above and beyond NCTCOG's contribution that directly relate to the construction of the streets identified in the award from NCTCOG, and for paying all other costs as identified in the written agreement from the Billingsley Development Company. Section III: That the Billingsley Company's obligation to make such payments as outlined in this resolution is evidenced in the written agreement, a copy of which is attached hereto as Exhibit "A" and incorporated herein. Section IV: That this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this the ~ day of ~.~,-~..,~~_ 2002. Mayor, City of The Colony, Texas City Secretary, City of The Colony, Texas APPROVED~,.x.._~AS TOFORM:~ ..........-"'~- ' ~~~ ~n~y,-City~n~ee~olony, Texas I L L I N U ~ L · · I~ E V E ~- 0 ~ M £ N EXHIBIT "A'l January 30, 2002 Mr. Harry Persaud Director of Planning & Development City of The Colony 6800 Main Street The Colony, Texas 75056-0008 Re: Austin Ranch, Selected Streets: Staggs Leap, Arbor Hills & Saintsbury Dear Harry: As a follow up to our meeting last week regarding the North Central Texas Council of Governments (NCTCOG) award of $826,574 for the construction of selected streets, Staggs Leap, Arbor Hills and Saintsbury, to the south of Windhaven ("the Project"). In consideration for the City's agrecmem to support the Project for fcdcral funding, I hereby agree that Billingslcy Company will provide all of thc local match as required by the funding program and will pay for all costs above and beyond the NCTCOG's contribution that directly relates to the construction of these roads. The City of The Colony will not incur any costs related to the construction of these roads. Furthermore, Billingsley Company agrees to reimburse the City of The Colony for reasonable legal and other expenses directly related to the PrOject in an amount not to exceed $2,000. I thank you for your kind attention to this matter and for your continued support of the Austin Ranch project. Upon approval of this agreemm~t by City Council, please have thc City Manager sign below to evidence the City's acceptance. Do not hesitate to contact me with any questions or concerns. Henry Billingsley HB/mm Agreed and accepted: 4800 West Chase Tower 2200 Ross Avenue Dallas, Texa~ ?$201 (214) 754-1700~ ............. TOTFIL P. 02