HomeMy WebLinkAboutOrdinance No. 00-1229 CITY OF THE COLONY, TEXAS
ORDINANCE NO. OO -~/O ,3 at
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ENTER INTO A
DEVELOPER'S AGREEMENT WITH LEGEND PARTNERS, LTD FOR
THE REIMBURSEMENT OF CERTAIN DRAINAGE IMPACT FEES TO BE
COLLECTED FOR THE STREAM SC-lA DRAINAGE WATERSHED;
ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A";
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, The developer has installed certain drainage infrastructures within the Stream
SC-1A watershed which will benefit a total of approximately 129 gross acres; and
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 a contract with Legend Partners, Ltd. for reimbursement of
certain drainage impact fees to be collected for Stream SC-IA drainage watershed. The approved
form of contract is attached hereto as Exhibit "A", and made a part hereof for such purposes.
SECTION 2. This Ordinance shall take effect immediately fi.om and after its passage by the
City Council of the City of The Colony, Texas.
DULY PASSED AND APPROVED by the City Council of the City of The Colony, Texas
this 18~ day of September 2000.
_~PROVED: (.
ATTEST: William W. Manning, Mayor
Patti A. Hicks, TRMC, City Secretary
APPROVED AS TO FORM:
' STATE OF TEXAS § LEGENDS PARTNERS, LTD.
COUNTY OF DENTON § PRO RATA AGREEMENT
This Development Agreement (the "Agreement") is made by and between the City of The
Colony, a Texas Home Rule Municipality (thc "City"), and Legends Partners, Ltd., a Texas
Limited Partnership (the "Developer") (thc City and the Developer are hereinafter referred to
together as the "Parties").
RECITALS
1. WHEREAS, The City is authorized pursuant to thc 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 public facilities and services; and
2. WHEREAS, The Developer desires to construct residential development(s) on property
located within 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 adequate levels of public facilities and services; and
4. WHEREAS, To assure such support, it is the intent of the Parties that the Developer
construct or cause the construction of certain Public Improvements which are identified in the
City's capital improvements plan, certain 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 thc Texas Local Government Code; and
5. WHEREAS, The City has adopted City of The Colony, Texas, Ordinance No. 00-1201,
which sets out the impact fees charged to the Developer for Stream SC-lA/East Drainage Area;
and
6. WHEREAS, It is the intent of the Parties that this Agreement shall define the City's
obligations with respect to reimbursing the Developer impact fees.
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 Legends Partners,
Ltd. do hereby contract and agree as follows:
Section 1. Incorporation of Preminen; The above and foregoing premises are true and
correct and are incorporated herein and made a part hereof for all purposes.
"i,EGENDS PARTNERS, LTD. PRO RATA AGREEMENT Page 1
C:\WINDOWS\TEMP~egend partners pro rata.doc
Section 2. Pro Rata Payments. In the case that refunds are due to the Developer for
oversized facilities or permanent off-site improvements, payments will be made in the following
manner: Drainage impact fees in the amount of six thousand three hundred fifty three and 56/100
dollars ($6,353.56) per acre, as shown in the Cost Analysis document, which is attached hereto as
Exhibit "A" and is incorporated herein for all purposes.
The City agrees to impose such pro rata fees on adjacent development in proportion to
their requirements for such facilities at the time a final plat is approved for the subject tract
located in the Stream SC-lA Drainage Watershed. The subject tract is as shown on Exhibit "B,"
attached and incorporated herein for all purposes.
Section 3. Parties Bound; Assigmnent. This Agreement shall be binding upon and inure to
the benefit of the Parties hereto and their respective legal representatives, successors and assigns.
This Agreement may not be assigned, transferred or otherwise conveyed by the Developer
without the prior written consent of the City.
Section 4. 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 5. Lemil Construction. In case any one or more of the provisions contained in this
Agreement shall for any reason be held io 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 6. Entire Am'eeraent. 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.
LEGENDS PARTNERS, LTD. PRO RATA AGREEMENT Page 2
C:\WINDOWS\TEMI~egend partners pro ram. doc
IN 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.
~~ LEGENDS PARTNERS, LTD.
....... ~ 'rt, Ci;y Manager
~.~..?"~"'"m...~, By:
LEGENDS PARTNERS, LTD. PRO RATA AGREEMENT Page 3
C:\WINDOWS~TEMP~Iegend partners pro ram.doc
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Exhibit"B" {'"{{{{{{{{I {
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TRACT A
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TRACT B
BUSINESS PARK
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SERV!CE AREAMAP
STREAM SC-1 A
CITY OF THE COLONY, TEXAS