Loading...
HomeMy WebLinkAboutOrdinance No. 97-1007 ORIOINAL ORDINANCE NO. ~0-/00'7 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING APPENDIX C OF THE CODE OF ORDINANCES OF THE CITY RELATING TO THE DEDICATION OF PARK LAND AS SET FORTH HEREIN; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. Amendment. Appendix C of the Code of Ordinances (the "Code") of the City of The Colony, Texas, relating to park dedication is hereby amended in the following particulars, and all other sections, subsections, paragraphs, sentences, phrases and words of the said Code are not amended but are hereby ratified, verified, approved and affirmed: A. Section 6 of the said Appendix C is hereby amended by amending paragraphs 1, 2, and 3 to read as follows: 1. Amount. Any conveyance of land required hereunder shall be in an amount of not less than five (5) acres of land per 1,000 persons projected population (or a prorated share thereof). Density for any development shall be determined by the City at the time of platting. 2. Manner and Method. Plats of subdivisions required to be submitted for approval by the City in accordance with the Local Government Code Sections 202.001 through 212.017, shall show thereon a fee simple conveyance to the City of the land required by th. is ordinance for park purposes as a condition of approval of such plat by the Council, and the City may further require the conveyance of the park property by General Warranty Deed. As a condition of acceptance of the plat or deed by the City, the subdivider shall provide the City with an Owner's Title Policy of Insurance in an amount equal to the value of the land conveyed, which amount shall be determined by the City. a. Single Family, Duplex Residential and Multi-Family Developments. The amount of land required to be dedicated hereunder shall be determined at the time of platting based upon the recommendation of the City's planning director. b. If any zoning or subdivision change results in an increase in the number of dwelling units allowed on a platted lot, the difference shall be made up by the developer as a fee in lieu of land dedicated to be paid prior to issuance of a building permit. 3. Credit for Prior Dedications. Where a gift of land was made prior to the effective date of this ordinance by the owner of land required to convey land under the provisions of this ordinance the former gift of land shall be credited on a per acre basis toward the required conveyance provided by this ordinance when the Council finds that: a. The gift was made during the five year period preceding June 16, 1997. b. The land given was within 1/2 mile of the new development for which is required to be conveyed. c. The land given is not being presently used for purposes incompatible with park purposes and is suitable for park purposes. d. A credit may be given for on-site improvements that are compatible with long range development plans for the proposed park. The credit provided for herein shall not be transferable and shall only be given to the donor of the land who is the owner of the property being developed for which a conveyance of land is required by this ordinance unless said prior conveyances were included as a part of an executed facilities and/or development agreement with the City of The Colony and the developer." B. Section 7 of the said Appendix C is hereby amended by amending subsections l.a., 4 and 5 to read as follows: "1. Amount Required to be Paid. a. Any payment of money required to be paid by this ordinance shall be in an amount equal to the average per acre value of the whole property included within the residential development. The acquisition price for land shall be equal to the appraised value of the land based at the time of final plat approval." "4. Use of Funds. Any payments made to the Park Development Fund shall be used solely for the acquisition, development, expansion or upgrading of parks located within the same planning area as identified on the "Future Parks Plan" or general area where the proposed development for which payment was made is located, or an area so located and in such proximity to the development so as to serve or benefit persons reading therein as approved by the Council. 5. Right to Refund. If all or part of the payments made for a development are not expended or not under contract to be expended (the "unexpended funds"] for the purposes authorized herein within five (5) years of the date that 95% of all certificates of occupancy have been issued for the completed development of the property (the "95% date") for which the payments were made {or~ in the event any such payment is made pursuant to an a~reement between the City and the owner of property after the 95% date, then within five (5) years after the date of receipt of such payment), the person or entity who made such payments shall be entitled to a refund on all unexpended funds if a written request for refund has been made within one (1) year of entitlement. If no such timely request is made the right to a refund of the unexpended funds shall be considered waived." Section 2. Savings. This Ordinance shall be cumulative of all other ordinances of the City affecting parks or the dedication of land and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those ordinances are in direct conflict with the provisions of this Ordinance. Section 6. Severability. The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction such holding shall not affect the validity of the remaining portions of this Ordinance and the City Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalitity, which remaining portions shall remain in full force and effect. Section 7. Effective date. This Ordinance shall become effective from and after its date. PASSED AND APPROVED by the City Council of the City of The Colony, Texas this the /&~.5 dayof f~, a-e.o~_.&..C,~ , 1997. Mary Blair Wat~, Mayor Patti A. Hicks, TRMC, City Secretary APPROVED AS TO FORM: