Loading...
HomeMy WebLinkAboutOrdinance No. 00-1228 ORIGIN,A/. CITY OF THE COLONY, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEVELOPER'S AGREEMENT WITH D.R. HORTON, LTD FOR PROVIDING FOR THE INSTALLATION OF A WATER LINE IN THE LEGEND CREST PHASE II DEVELOPMENT; ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE BE 1T 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 D.R. Horton. Ltd. for the installation of a water line in the Legend Crest Phase II development. 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 from 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~h day of September 2000. ~"PROVED: [ wil"'li-am w. ~'~'anni-'~g, Mayor ATTEST: Patti A. Hicks, TRMC, City Secretary APPROVED AS TO FORM: STATE OF TEXAS § LEGEND CREST, PHASE il COUNTY OF DENTON § DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is made by and between the City of The Colony, a Texas Home Rule Municipality (the "City"), and D.R. Horton Texas, Ltd., a Texas Limited Parmership (the "Developer") (the City and the Developer are hereinafter referred to together as the "Parties"). RECITALS 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 public facilities and services; and WHEREAS, The Developer desires to develop a residential community on property located within the City; and 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 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 Chapter 395 of the Texas Local Government Code; and WHEREAS, It is the intent of the Parties that this Agreement shall define the City's and the Developer's obligations with respect to providing and financing the water line construction addressed herein. 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 D.R. Horton Texas, Ltd. do.hereby contract and agree as follows: Section 1. Incorporation of Premises. The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. Section 2. Public Improvements. In connection with the development of the Property, the Developer shall construct the following public improvements: LEGEND CREST, PHASE II DEVELOPMENT AGREEMENT Page 1 C :\WINDOWS\TEIVII~egend crest.doc A. Water Lines. The Parties agree that the contractor is required to construct or cause the construction, at its sole cost, of a water line that is one thousand three hundred twenty (1320) linear feet in length and a minimum 8-inch diameter. B. However, the Parties agree that instead of the construction as mentioned in Paragraph A, the Developer shall construct or cause the construction at its sole cost, (subject to reimbursement as described in Section 4 hereof) a water line whose length is one thousand three hundred twenty (1320) linear feet, and whose width is twenty (20") inches in diameter. Additionally, the Developer shall install or cause the installation of three (3) twenty (20") inches water valve. Such water line shall extend from Chesapeake Drive to Memorial Drive, along Fall River Drive and Trailview Drive, as depicted in the attached Exhibit "A." Section 3. Compliance with Applicable Laws. The construction of improvements and utilities must comply with all federal, state and local laws, rules and regulations. Section 4. Reimbursement. The City shall reimburse the Developer for that portion of the costs necessary to construct a water line with a diameter exceeding eight (8) inches. Such reimbursement shall be paid from impact fees, as allowed by Texas Local Government Code Chapter 395. Reimbursement shall occur within 30 days after the City accepts the improvements, provided the impact fees have been collected at that time. The City's reimbursement shall be as shown on the construction cost, attached as Exhibit "B." Prior to a reimbursement, the Developer must submit satisfactory proof of costs incurred to the City Engineer. Section 5. Parties Bound~ Assillmnent. 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 he assigned, transferred or otherwise conveyed by the Developer without the prior written consent of the City. 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. I~al 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. LEGEND CREST, PHASE II DEVELOPMENT AGREEMENT Page 2 C:\WINDOWS\TEMP~Iegend crest.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. EXECUTED on this .~day of September, 2000. _. THE CITY OF THE COLONY a Texas ~) Rule ~nici,~p ~a~y / ".......City ~...e~, City of The Colony City"l~anager, City of The Colony ~ Date: D.R. HORTON, TEXAS, LTD. By: It s: Date: LEGEND CREST, PHASE II DEVELOPMENT AGREEMENT Page 3 C :\WINDOWS\TEMP~egend crest.doc