HomeMy WebLinkAboutOrdinance No. 04-1541 CITY OF THE COLONY, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH FLOURNOY DEVELOPMENT COMPANY,
LLC, PROVIDING FOR THE REIMBURSEMENT OF IMPACT
FEES UNDER CHAPTER 8, ARTICLE II OF THE CITY CODE
OF ORDINANCES FOR CERTAIN DRAINAGE IMPROVEMENTS
SHOWN ON THE CITY'S APPROVED CAPITAL
IMPROVEMENT PLAN FOR THE OFFICE CREEK DRAINAGE
WATERSHED; ATTACHING THE APPROVED FORM OF
AGREEMENT AS EXHIBIT "A"; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS:
SECTION 1. That the City Manager of the City of The Colony, Texas is
hereby authorized to execute on behalf of the City an agreement with Flournoy
Development Company, LLC, providing for the reimbursement of impact fees under
Chapter 8, Article II of the City Code of Ordinances for certain drainage improvements
shown on the approved City's Capital Improvement Plan for the Office Creek Drainage
Watershed. The approved form of agreement is attached hereto as Exhibit "A:, and made
a part hereof for such purposes.
SECTION 2. This ordinance shall take effect immediately from and after
its passage by the City Council of the City of The Colony, Texas.
DULY PASSEDANI]t APROVED by the CRv Council of the C~t
The Colony Texas '~-;~ /~-'7-~-~ o--~_.-. - . ' y of
~, ~,,,~. ,/J aay ov'7' //vt-.'x.e.g.--v, 2004
P VE :
h~ Dillard, Ma)7or~- --
Chris~ ie/Wilsonl Cit3, Swretary 'I
Bob Hager, City Attorney 0 '~)j
NJDHSREV. 63355
STATE OF TEXAS § FLOURNOY DEVELOPMENT
§ COMPANY,LLC
COUNTY OF DENTON § REIMBURSEMENT AGREEMENT
March 15, 2004
This Development Agreement (the "Agreement") is made by and between the City of
The Colony, a Texas Home Rule Municipality (the "City"), and Flournoy Development
Company, LLC (the "Developer") (the City and the Developer are hereinafter referred to
together as the "Parties").
RECITALS
1. WHEREAS, The City is authorized pursuant to the laws of Texas and its Home
Rule Charter to enter into agreements with persons or entities intending to undertake any
development on real property for the purpose of providing supporting drainage facilities
and services; and
2. WHEREAS, The Developer is constructing a 300 unit multi family development
on property located within the corporate limits of the City; and
3. WHEREAS, It is essential to the City's public health, safety and general welfare
to assure that the development is supported by an adequate level of drainage facilities and
services; and
4. WHEREAS, To assure such support, 'it is the intent of the Parties that the
Developer shall construct or cause the construction of certain drainage improvements
which are identified in the City's Office Creek Drainage Capital Improvements Plan with
specific costs of such construction to be reimbursed from impact fees paid from other
new developments that will use the improvements and facilities, pursuant to Section
395.019 of Chapter 395 of the Texas Local Government Code, and Chapter 8, Article II
of the City Code of Ordinances; and
5. WHEREAS, Pursuant to its status as a Home Rule Municipality, the City has
adopted the Office Creek capital improvements plan and impact fee ordinance # 00-1186;
and
6. WHEREAS, The Developer intends to construct certain specific drainage
improvements within the Office Creek drainage watershed, which is shown referenced
on Exhibit "B" which is attached hereto and incorporated herein for all intents and
purposes; and
7. WHEREAS, It is the intent of the Parties that this Agreement shall define the
developers obligations to construct specific drainage improvements and the City's
obligations with respect to reimbursing the Developer impact fees for a portion of the
actual cost of construction in accordance with Chapter 8, Article II, of the City Code of
NJDHS REV. 63355
Ordinances.
NOW, THEREFORE, for and in consideration of the above and foregoing
premises, and other good and valuable consideration, the City of The Colony, Texas and
the developer do hereby contract and agree as follows:
Section 1. Incorporation of Premises. The above and foregoing premises are tree and
correct and are incorporated herein and made a part hereof for all intents and purposes.
Section 2. Developers Obligations. The developer shall complete the construction
of a 300 unit multi family development, "Estancia at Morning Star" located on the South
West comer of Memorial and Morning Star Drive for which a building permit has been
issued by the City on property as depicted in Exhibit "A," which is attached hereto and
incorporated herein by reference. The developer shall also construct drainage
improvements as provided and set forth in Exhibit "B," which is attached hereto and
incorporated herein as if set forth in full. All construction work shall be in accordance
with the applicable City Codes, policies and accepted engineering principles and formally
approved by the City Engineer.
Section 3. Payments.
(a) The City agrees to reimburse the Developer for certain drainage
improvements, the estimated cost of which are described in Exhibit "B," which is
attached hereto and is incorporated herein for all intents and purposes. The amount of the
reimbursement to the Developer shall be in accordance with Chapter 8 Article II
Subsection 8-59(c) of the City of The Colony Code of Ordinances and Ordinance
Number 00-1186. The amount reimbursed to the developer shall not exceed the funds
allocated for the specific item of construction as included in the approved Capital
Improvements Plan for the Office Creek Drainage watershed.
(b) The City shall reimburse Developer from impact fees when the same are
collected from new developments within the Office Creek Drainage watershed as set
forth in Exhibit "C," which is attached hereto and incorporated herein. Reimbursements
to the Developer shall be structured and phased over a period of time so that funds
expended by other parties for drainage improvements in accordance with the approved
capital improvements plan shall be reimbursed on a first come first served basis, until all
parcels of land located within the Office Creek Drainage watershed are developed.
Payments will continue incrementally as development occurs until the total
reimbursement is completed as shown in Exhibit "B". The City will send payments by
United States Postal Service to the Developer at the address listed in this agreement and
as changed from time to time.
(c) The Developer agrees to submit on forms prescribed by the City Engineer,
detail costs with copies of Construction contracts for review and approval of the
Engineering Department.
NJDHS REV. 63355
Section 4. Parties Bound; Assignment. This Agreement shall be binding upon and
inure to the benefit of the Parties hereto and their respective legal representatives,
successors and assigns and shall be a covenant running with the land. This Agreement
may not be assigned, transferred or otherwise conveyed by the Developer without the
prior written consent of the City.
Section 5. Warranty. The persons executing the same are authorized to execute this
agreement on behalf of each of the respective parties.
Section 6. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas. Venue shall be in Denton County, Texas.
Section 7. Legal Construction. In case any one or more of the provisions contained
in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in
any respect, such invalidity, illegality or unenforceability shall be construed as if such
invalid, illegal or unenforceable provision had never been contained herein.
Section 8. Entire Agreement. This Agreement constitutes the entire agreement and
understanding between the City and the Developer. This Agreement may only be
changed or modified with the written consent of the Developer and the City Council.
Such modification may be requested by either party, but shall not, in any event, be
effective unless and until approved by the City Council of the City.
1N WITNESS WHEREOF, each of the Parties hereto has caused this Agreement
to be executed by its undersigned duly authorized representative as of the date herein
above first mentioned.
E×ECUTED on this / dayof, .2004.
FLOURNOY D.,~VELOPMENT
%_,~sc ('h~'~.~ By: Bra~fBlaificfP~esident
Dale Cheatham, City Manager --
Flournoy Development Company
P. O. Box 6566
~/~4~ [/~ ~ Columbus, Georgia31917-6566
Christie Wilson, City Secretary
City of The Colony
Approved as to form:
rt E, Hager, ~itY
NJDHS REV. 63355
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the/..~ day o
2004 by Dale Cheatham, City Manager of the City of The Colony, a Texas municipality,
on behalf of said municipality.
Notary Public, State of Texas
My Commission expires: ~.!~
FLOURNOY'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DENTON §
~ Tlfis instrument was acknowledged before m9 tM§ ~ day of
7,/~¥f~C , 2004, by ZF~ ~9~,t( , the .[4pz~,~,~,dafhc- of Flournoy
Development Company, a ~_~,~r.~ /.~ }_a'rd~ l~a/St h ¢ ('10 , on behalf of such company.
Notary Public, State~o~Texas (J
My Commission expires:
DAWN HAPPNEY
MY COMMISSION ~PIRE$
JULY 10, 2005
NJDHS REV. 63355
EXHIBIT "A"
EXHIBIT "B"
OFFICE CREEK DRAINAGE IMPACT FEES
City of The Colony
Construction Mufti-Family Phase I
Channel Segment/Item Cost Reimbursement % Com?~,f=
Phase I - Morningstar to South Colony
Channel Excavation $85,050 $42.525 50.0
Concrete Pilot Channel $21,375 $10,688 50.0
Riprap $720 $720 100.0
Hydromulch $15,400 $7,700 50.0
Subtotal: $122.545 $61,633
20% Contingency $24.509 $12,327
Total: $147,054 $73,959
Phase 2 - Momingstar to South Colony
Channel Excavation $85,050 $38.273 45.0
Concrete Pilot Channel $21,375 $0 0.0
Hydmmulch $15,400 $5,775 37.5
Subtotal: $121,825 $44,048
20% Contingency $24,365 $8,810
Total: $146.190 $52,857
South Colony to Memorial
Channel Excavation $110.250 $81,806 74.2
Subtotal: $110.250 $81.806
20% Contingency $22.050 $16.361
Total: $132.300 $98.167
Memorial to Paige
Channel Excavation $281.400 $78,229 27.8
Subtotal: $281.400 $78.229
20% Contingency $56.280 $15,646
Total: $337,680 $93.875
Total Construction Cost: $318.858
Impact Fee: $64,552
Total City Reimbursement: $254,306
Engineering Department 3/8/2004 Drainage Impact Fee Cost Data Sheet
EXHIBIT "C"
OFFICE CREEK DRAINAGE ORDINANCE IMPACT FEES
Ordinance No. 00-1186
TACKNO. LANDUSE FACTOR NETAREAA~ DETENTIONAC..FT. w'r'DAREAAC COSTIACR! TOTALCOST
A BP 0.9 23.5 0.0 21.2 $ 4,841.35 $ 113,772.00
B BP 0.9 66.1 0.0 59.5 $ 4,841.35 $ 3201013.00
C MF 0.8 30.0 6.0 24.0 $ 4,303.42 $ 129,103.00
D BP 0.9 32.5 0.0 29.3 $ 4~841.35 $ 157,344.00
E BP 0.9 23.2 0.0 20.9 $ 4,841.35 $ 112,319.00 I
F BP 0.9 143.7 8.0 129.3 $ 4,841.35 $ 695,702.00
G BP 0.9 30.1 0.0 27.1 $ 4,841.35 $ 145,725.00
H BP 0.9 2.7 0.0 2.4 $ 4~841.35 $ 13~072.00
I SF 0.5 5.5 0.0 2.8 $ 2~689.64 $ 14,793.00
J Sch 0.5 22.2 0.0 11.1 $ 2,689.64 $ 59~710.00
K SF 0.5 14.9 0.0 7.5 $ 2,689.64 $ 40,076.00
L SF 0.5 70.3 0.0 35.2 $ 2,689.64 $ 189,082.00
M Pk 0.5 32.6 9.0 16.3 $ 2~689.64 I $ 87~682.00
N Pk 0.5 81.2 14.0 40.6 $ 2~689.64 $ 218~399.00
O* BP 0.9 51.5 0.0 46.4 $ 4,841.35 $ 249,330.00
P SC 0.9 5.3 0.0 4.8 $ 4~841.35 $ 25~659.00
Q BP 0.9 42.7 0.0 38.4 $ 4~841.35 $ 206~726.00
R* BP 0.9 0.5 0.0 0.5 $ 41841.35 $ 21421.00
S SF 0.5 18.4 0.0 9.2 $ 2,689.64 $ 49,489.00
T* GR 0.9 2.0 0.0 1.8 $ 4~841.35 $ 9,683.00
U* GR 0.9 1.3 0.0 1.2 $ 4,841.35 $ 6,294.00
V* MF 0.8 1.7 0.0 1.4 $ 4,303.42 $ 7,316.00
W* GR 0.9 13.6 0.0 12.2 $ 4~841.35 $ 65,842.00
X LI 0.3 52.0 0.0 0.0 $0.00 $0
Y LI 3.0 75.0 0.0 0.0 $0.00 $0
Z Dev. Sch. 0.5 46.0 0.0 23.0 $ 2,689.64 $ t23,723.00
~ Dev. SF 0.5 29.0 0.0 14.5 $ 2,689.64 $ 78,000.00
BB Dev. GR 0.9 34.6 0.0 31.1 $ 4~841.35 $ 167,511.00
CC Dev. MF 0.8 21.1 0.0 16.9 $ 4,303.42 $ 90,802.00
'rnT~l 973.2 37.0 628.3 $ 3,379,585.00
NOTES: 1. Final Areas to be determined at time of platting; 2. Tracks X & Y are outside The Colony.
BP = Business Park MF = Mu~fi-Family SF = Single Family Sch= School Pk= Park GR = General Retail SC = Shopping
Center
* Undeveloped areas only
For Service Area Map contact Building Inspection at 972-624-3158
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