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HomeMy WebLinkAboutOrdinance No. 02-1359 CITY OF THE COLONY, TEXAS AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEVELOPERS AGREEMENT WITH THE BILLINGSLEY COMPANY, APPROVING OF TITTLE DRIVE CONNECTION TO PLANO PARKWAY AND REQUIRING RIGHT-OF-WAY DEDICATION AND OTHER SPECIFIC IMPROVEMENTS RELATED TO TRAFFIC MANAGEMENT ON PLANO PARKWAY; 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 the Billingsley Company approving of Tittle Drive connection to Plano Parkway and requiring Right-of- Way dedication and other specific improvements related to traffic management on Plano Parkway. 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 PAS ~kE, D~ AND APROVED by the City Council of the City of The Colony, Texas this /~ day of ~~-,._~ ,2002. APPROVED: A~ST: Patti Hicks, City Secretary ~H-il~el, Cit~ EXHIBIT "A" DEVELOPER'S AGREEMENT FOR CONSTRUCTION COSTS RELATED TO TITTLE DRIVE This Agreement, made this __ day of ,2002, by and between Billingsley Company, a body corporate of the State of Texas, hereinafter referred to as the "Developer" and the City of The Colony, a Texas Home Rule municipality with the full power of local self government as provided by Article 11, Section 5 of the Texas Constitution and its Home Rule Charter, hereinafter referred to as the "City" (the City and Developer are hereinafter referred to together as the "Parties"). I. RECITALS WHEREAS, Developer Henry Billingsley is the owner of a certain parcel of land in the City of Lewisville and County of Denton, State of Texas; and WHEREAS, Developer is desirous of developing the lands known as "Sysco Tract Development," located outside the City limits of the City of The Colony and shown on a copy of a Plat attached hereto and made a part of this Agreement, and Developer has made certain demands upon the City for connecting a road called Tittle Drive to Plano Parkway; and WHEREAS, pursuant to the general policies adopted by the City Council, establishing a general policy for such installations and services; and WHEREAS, the general policy provides that any request for such connection shall not be approved unless Developer or the property owner shall advance the full costs of said connection services; and WHEREAS, Developer has agreed to pay for such installations and services, in connection with Tittle Drive to Plano Parkway, and to comply with all the terms and conditions of the general policy of the City. NOW, THEREFORE, this Agreement provides: That for and in consideration of the aforesaid premises, Developer and the City agree as follows: 1. The City grants the Developer the right to construct the connection of Tittle Drive to Plano Parkway. In addition, the City grants the Developer the right to construct a median cut at that same location. 2. The Developer shall grant a right-of-way for all sewers and water lines that the City may desire to construct or cause to be constructed in the aforementioned streets, roads, drives, and public ways. 3. Developer agrees to dedicate Right-of-Way for the future expansion of Piano Parkway on a portion of Developer's property situated South and abutting Plano Parkway and located outside the City limits of the City of The Colony. The Right-Of- Way dedicated for Piano Parkway will not be used for a deceleration lane. 4. Developer agrees that any and all work performed as provided in this Agreement shall be done in accordance with City specifications and with the approval of the City. 5. The Developer agrees to a traffic signal at the intersection of Tittle Drive and Plano Parkway. The signal shall be wired to accommodate a four-way intersection in the future. If a four-way intersection is developed in the future, the Developer of the adjacent property on the North side of Plano Parkway will be required to pay a pro-rata share of the cost of the signal. 6. The Developer agrees to install a left turn stacking lane and median opening to accommodate traffic turning left from Plano Parkway to Tittle Drive. 7. Developer agrees to install, as a temporary measure, a 50 feet radius for traffic turning right off of Piano Parkway on to Tittle Drive. The City requires the Developer to install a right turn deceleration lane at this location within three years from the date a Certificate of Occupancy is issued for the Sysco Tract Development. The specific timing of this installation within the three-year period shall be determined by the City. 8. Developer agrees that Windhaven Parkway shall be completed to provide access to the Sysco Tract Development and a traffic signal shall be installed at the intersection of Windhaven Parkway and Plano Parkway. 9. The Developer agrees, subject to the "force majeure" provision described in Section II herein, that all improvements, except for the right turn deceleration lane described in Item No. 5 shall be completed before a Certificate of Occupancy is issued to the Sysco Tract Development. If the City of Lewisville issues a Certificate of Occupancy for the Sysco Tract Development before these improvements are all in place, the City of The Colony reserves the right to deny or refuse all access to Piano Parkway until such time that all improvements as described herein are installed and accepted by the City. II. GENERAL REQUIREMENTS 1. All design drawings and plans showing the improvements listed herein including traffic signals shall be approved by the City. 2. Upon the completion of the improvements and the complete fulfillment of all of the terms of this Agreement and the presentation of proper evidence that the improvements have been fully and completely performed insofar as the making of payment of the improvements is concerned, the Developer shall execute and deliver to the City a proper deed conveying to the City all of the right, title and interest of the Developer in and to the streets and other improvements. Satisfactory performance of the conditions of this Agreement relative to the improvements shall be evidenced by a written report submitted to the City by the City Engineer. 3. If the City determines that there is a violation of present state laws, City ordinances, planning board rules, regulations and requirements, and/or the terms and provisions of this Agreement, it may issue a cease and desist order. Thereafter the Developer acknowledges irreparable harm and injury to the City for the purposes of an application by it to the courts for a restraint hereunder. If in the Developer's opinion it has not violated state laws, present City ordinances, planning board rules, regulations and requirements and the terms and conditions of this Agreement, nothing in this Agreement shall be construed as the Developer's consent to cease and desist from its work without court order. 4. Upon the full and complete performance of all of the terms and conditions of this Agreement by the Developer, the City agrees to approve the improvements as are more particularly described elsewhere in this Agreement, and to take over roads as shown on the filed map and maintain them as public works and public highways of the City without assessment for the construction of improvements as set out in the plans and specifications. Nothing contained here shall prevent the City, upon the happening of any failure to perform this Agreement by the Developer, from making or completing the improvements and assessing this cost against the owners of the property benefited by the making or completion of the improvements. Nothing contained here shall be construed in any way to render the City liable for any charges, costs, or debts for material, labor, or other expenses incurred in the making of these improvements. 5. Until the time of completion of performance of the terms of this Agreement and its acceptance by the City, the Developer shall be and remain liable for any damage occasioned by any neglect, wrongdoing, omission or commission, by any person, corporation, or partnership, arising from the making of the improvements or the use of the streets for the purpose of the improvements and shall indemnify and hold the City harmless from all actions at law or in equity, and all charges, debts, liens, or encumbrances which may arise from the Developer's performance of the terms of this Agreement. 6. This Agreement shall run with the land, as shall also the covenants herein contained, and shall be to the benefit of the City and its successor and assigns. 7. "Force Majeure" in this agreement shall mean any contingency or cause beyond the reasonable control of the Developer including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, adverse weather, government or de facto governmental action (unless earned by acts or omissions of the Developer), fire, explosion, flood, strike, work slowdowns or stoppages, shortages of labor or materials and other matters affecting the ability of the Developer to perform this Agreement. 8. The Developer will reimburse the City for Attorney's fees not to exceed $1,000.00 relating to the Tittle Drive connection to Piano Parkway. EXECUTED on this __ day of ,2002. THE CITY OF THE COLONY A Texas Home Rule Municipality By: Dale Cheatham, City Manager, City of The Colony Date: ATTEST: Patti Hicks City Secretary, City of The Colony BILLINGSLEY COMPANY By: Henry Billingsley Its: Date: