HomeMy WebLinkAboutOrdinance No. 00-1198 ORt61NAL
CITY OF THE COLONY, TEXAS
ORDINANCE NO. ~-/I qJ~
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ENTER INTO A COST
SHARING AGREEMENT WITH LEGEND VILLAGES, LLC FOR
EQUITABLE COST SHARING OF INFRASTRUCTURE IMPROVEMENTS
ON A 35.00 ACRE PARK SITE; ATTACHING THE APPROVED FORM OF
CONTRACT 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 a cost sharing agreement with Legend Villages, LLC for
equitable cost sharing of infi:astructure improvements on a 35.00 acre park site. 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 5th day of June, 2000.
OVED: ~
William W. Manning, Mayor ~
ATTEST:
Patti A. Hicks, TRMC, City Secretary
APPROVED AS TO FORM:
TiffanyD~la~rtli~g, City A~omey
· COST SHARING AGREEMENT
STATE OF TEXAS:
COUNTY OF DALLAS:
This Agreement (the "Agreement") is made as of the date hereinafter stated between
Legend Villages, LLC, its successors or assigns ("Legend"), a Texas limited liability company,
and the City of The Colony ("City"), a Texas municipal corporation, collectively referred to herein
as the parties (the Parties"), as of the date hereinbelow stated.
RECITALS
WHEREAS, Legend owns land within the City of The Colony, Denton County, Texas,
shown in Exhibit A attached, adjoining a 35.00 acre park site (the "Park Site") along a portion of
the centerline of future Memorial Drive, said land hereinafter referred to as the Legend property
(the "Legend Property"); and
WHEREAS, the City owns land within the City of The Colony, Denton County, Texas
shown in Exhibit A attached, being the Park Site as hereinabove described, and as hereinafter
referred to as the City property (the "City Property"); and
WHEREAS, The Colony city council (the "City Council") did on December 14, 1998 accept
a conveyance plat (the "Plat") for the Park Site from the Paige/121 Partnership, Ltd. on behalf of
the City or a surrogate entity; and
WHEREAS, Legend and the City did on March 14, 1999, enter into a development agree-
ment (the "Development Agreement") establishing the responsibilities of each for the design and
installation of certain public infrastructure improvements (the "Improvements") mutually benefiting
both Parties, such Improvements being specifically defined by the Development Agreement; and
WHEREAS, Paragraph 1 .c of said Development Agreement provides that the Parties shall
agree upon and enter into an equitable cost-sharing agreement (the "Cost Sharing Agreement"),
establishing respective responsibilities of the Parties for funding costs of the Improvements; and
WHEREAS, it is to the mutual benefit of the Parties to cooperate in matters of cost sharing
and development timing associated with the construction of said Improvements.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties agree as follows:
A. Cost Sharing Responsibilities
1. Street and Utility Improvements
The City and Legend, its successors or assigns, shall each be responsible for paying one-
half (50%) of the costs of any Improvements, as defined in the Development Agreement,
constructed within public street rights-of-way dedicated or otherwise conveyed to the City
from the property of either Party, such costs to include the expenses of surveying, engi-
neering, legal, and other non-construction costs necessarily associated with construction
of the Improvements; provided, however, that the cost of major storm drainage facilities
anticipated by the Office Creek Drainage Capital Improvements Plan approved by the
City Council on April 3, 2000, and relating to the City Property and the Legend Property,
shall be addressed separately by the Parties as stipulated by Paragraph A.2 hereinbelow.
2. Major Drainage Improvements.
The City and Legend, its successors or assigns, shall each be responsible for paying their
own proportionate share of Office Creek Drainage Capital Improvements assessments for
The City Property and the Legend Property as determined under the provisions of City
Ordinance No. 00-1186 (the "Ordinance") as approved by The Colony City Council on
April 3, 2000, said Ordinance being attached hereto as Exhibit B.
B. Covenants.
The City and Legend shall each ensure, as appropriate, that their respective obligations under
this Cost Sharing Agreement shall be transferred to any successor owners of that portion of its
land as depicted in Exhibit A attached hereto in a legally enforceable manner. Obligations of
the Parties to this Cost-Sharing Agreement shall constitute covenants running with the land.
This Cost Sharing Agreement, or a memorandum thereof, may be legally recorded by either
Party, provided, however, that said Cost Sharing Agreement shall not create any encumbrance
against or any interest in land, except for the conveyances and easements, if any, specifically
described herein.
Notwithstanding anything to the contrary set forth in this Agreement, should Legend sell to a
third party any portion of the Legend Villages LLC Property shown as Area B in Exhibit A
attached (any portion thereof being hereinafter referred to as a "Parcel"), the obligations of any
third party for Improvements installed within the Cost Sharing Area, as shown by Exhibit A,
impact fees, additional City charges, and other costs payable under this Agreement with
respect to said Parcel, shall be limited to those costs attributable to said Parcel, and only said
Parcel.
C. Amendment.
This Agreement can be modified only by written amendment signed by the Parties hereto,
their successors or assigns.
D. Incorporation of Recitals.
The foregoing recitals are incorporated herein and made a part of this Agreement for all
purposes.
E. Proper Parties.
It is hereby represented by each Party that the undersigned officers and/or agents of the
Party executing this Cost Sharing Agreement are properly authorized officials and have the
necessary specific authority to execute this Agreement on behalf of that particular Party, and
each Party hereby certifies to the other that any necessary resolutions or other acts extend-
ing and confirming such authority have been duly passed or taken and are in full force and
effect on the date of execution of this Cost Sharing Agreement.
Cost Sharinq A.qreement between Le.qend Villa.qes, LLC and the City of The Colony, Texas Pa.qe 2 of 3
Effective this ~'~day of~l~~, 2000.
LEGEND VILLAGES, LLC
a Texas limited liability company
By: John Lau, Manager
2050 North Piano Road, Suite 100
Richardson, Texas 75082
(972) 231-9791
CITY OF THE COLONY
a Te~xas municipal corporation
by.~ L~"'~Ry~ambert'~ C,-ty Manager
City Hall Building
6800 Main Street
The Colony, Texas 75056
(972) 625-1756
ACostShareAgreeCityColla: revised
Cost Sharing Agreement between Legend Villages, LLC and the City of The Colony, Texas PaRe 3 of ,3
Exhibit A
Map Showing Locations of the
Legend Villages, LLC and
City of The Colony Properties
Included in the
Cost Sharing Agreement
and the Designated
Facilities Cost Sharing Area
Cost Shadng Agreement between Legend Villages, LLC and the City of The Colony, Texas
Exhibit A
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Cost Sharing Agreement between Legend Villages, LLC and the City of The Colony, Texas
Exhibit B
Office Creek Storm Water Drainage
Capital Improvements Program
and Impact Fees
City of the Colony, Texas
Ordinance No. 00 -1186
as approved by
The Colony City Council
on April 3, 2000
Cost Shadng Agreement between Legend Villages, LLC and the City of The Colony, Texas
Exhibit B
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 00-1186
AN AMENDING ORDINANCE OF THE CITY COUNCIl, Ole THE CITY
OF THE COLONY, TEXAS, APPROVING AN OFFICE CREEK
DRAINAGE CAPITAl, IMPROVEMENTS PLAN; ADOIrI'ING IMPACT
FEES RELATIVE TO STORM WATER, DRAINAGE AND ~
CONTROL FACH.,rriES FOR OFFICE CRE~K DRAINAGE;
ADOPTING AN OYFICE CREEK DRAINAGE CAPITAl,
IMPROVEMENTS PLAN AND IMPACT FEES FOR OI~¥1CE CREEK
DRAINAGE STORM WA.TE~ DRAINAGE AND FLOOD CONTROL
FACILrfIES; AMENDING DEFINrrlONS; AMENDING EXCFA~TIONS
TO .IMPACT FEE REQIJIREDI AMENDING AMOUNT OF IMPACT
FEF~; PROVIDING A SEYERABILITY CI~U,~; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING AN F, FFE~E DATE.
WHEREAS, pursuant to Chaptrr 395, Tex. Loc. Gov. Code, thc C~ty Council of.th~ City of
The Colony, Texas h~,~ conducted a review and analysis of its Off'too Creek Drainage Capital
lmprovem~nt.~ Plnn and impact fees relative to storm water, drainage= and flood contrul facilities for
Office Creek Drainage; and
WHEREAS, the enginegring firm of Nathan Mai. ct, Inc., a.~sistcd the City in its mvi~,,v and
issued reports thereon; and
WHEREAS, a public hearing regerding thc Office Crock Drainage Capital Improvements
Plan and impact fees for storm water, drainage and flood control facilities for Office Creek Drainage
was held on the 7~ day of February, 2000, and thereafter continued; and
WHEREAS, following sUCh public hearing and after mgiew of Council t~xn'ts, the City
Council has determined that the Office Creek Drainage Capital Improvements Plan and. impact f~s for
storm water, drainage and flotxi control f~ilities for Office Cre.~k Drainage shall be approved.
NOW+ THEREFORE, BE IT oRDAINED BY THE CIT~ COUNCIL OF THE' CITY
· O1~ THE COLONY, TEXAS:
Section L Incorporation of Premise~ The above recitals are hereby found to be tru~ and correct ~md
ar~ incorporated herein:
Se tlon 2. ?,do tion of Olde ( re i _Oraina C. apt lmprovemen Plan. The. Capi
Improvements Plan for Office Creek Drainage, storm water, drainage nmi flood control facitRi~s for
Office Cr~k Drainage dat~ ~r~ ~. ,~ O0t) , entitled "City of The Colony, Texa~, Capital
Improvement Projects for Office Creek Drni~o Impact F~ 2000-2010" as prepared by Nathan Mai~,
Inc., and on file in the office of the City Secretary is l~reby approved. The said Capit~l Improvements
Plan is the Office Creek Drainage Capital Improvements Plan referred to in Arfic~ H of Chatg~ 8 of the
City's Code of Ordinances.
Section 3. Definltions. Definitions - Office Cr~k Drainage Capital Improvem~at.,~ P1an
That Chapter 8. Article II. Section 8-52 of thc Code of Or .dinances. City of The Colony, Texa~, i.~ l~reby
amended by adding the following definitions:
Office Creek Drainage Capital Improvements Plan - a plan comcmplatcd by this Article that
id~ntifics Off'ice Creek Drainage capital impmvcmcnLs or facility expansions for which storm water,
draina~ and flood conL,'ol impact foes may be assessed. The said plan is dated . , and
entitled 'City of The Colony, Texas, Officc Creek Dr'ainase Capital Improvement Projects for
2000-2010" as prep'amd by Nathan Maicr, Inc., and on filc in thc office of the City Secretary.
Definitions -. Capital Improvement
That Chapter 8, Article I1, Section 8-$2 of the Code of Ordinanc'e.v, City of The Colony, Texas, is
hereby amended by adding the following under the definition for Capital Improvement:
(3) Storm. Water, Dt'a~nage and Flood Control Facilities.
Definitions - Service Ama
lhat Chapter 8, Article II. Section 8-52 of the Code of Ordinances, City of The COlony. Texas, is
hereby amended b.¥ adding the followlng under the definition for Servicv. Area:
(3) For storm wat.cn', draina~, and fltxxl control faci li ti .es: each individual ama designated in
the land use assumptions ~rvcd by thc ,storm Water, drainage, and flood control facilities designatad in
thc Office Creek Drainage Capital Improvements Plan.
Section 4. ,V~eetlon 8-55. Impact Fee Required~
That Clmpter 8, Article il, Section 8-$5 of the Code of Ordinances, City of the Colony, Texas, is hereby
amended by adding the foliowinl,, under section 8-55(aXd):
(a) No building permit shall be granted for new construction of any property nor shall any
original wa~er or sewcr service conncction be made or service commenccA unless and until
water, wastewatcr and roadway impact fexa required by this article are assessed and collected or
a contract providing for payment as approved by the city is entered into.
(d) No plat shall be approved for. any subdivision unless and until drainage impact fees
r~quired by this article are a.nse~aed and collected or a contract providing for payment as
approved by the city is entered int°.
Section ~. Section 8-$7. Calculation of lmpa :t Fees.
That Chapter 8, Article 11, Section 8-57 of the Code of Ordittance$, City of the Colony, Texas, is herelry
amended by adding the followln8.section, 8-57(aXb ):
(a) Roadway, water and wast~water impact fees s 'hall be d~tcrrnin~d by multiplying the number
of service units in the ~w development by thc amount per service unit set forth in section 8-64
hereof. The number of service units .~all be determined by using the conversion table
contained in the Offvz~ Creek Drainage Capitol Improvements Plan.
(b) Storm water, drainage and flood control impact f~s shall be de~ermiued a.n shown in
F. xKibit A. which is attached h~reto and incorporated for all purposes.
Section 6. ~;eefion 8-64~ Amount of Impact Fees.
That Chapter 8. Anlcle Il, Sec'lion 8-64 of the Code o/Ordinances. City of the Colony. Textu, i~ h~reby
amended by adding the following ~ection. 8-64(0:
(c) Impact fees for thc Office Cr~:k Drainage storm water, drainage and flood control facilities
shall t~ determined aa shown in Exhibit A, which is nt,~hed hereto and incorporated for all
puqx~cs.
Section 7, Severabilit¥, ,thc sections, paragraphs, sentences, phrases, clauses and words of this
Ordinanc~ 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 compt:tcnt jurisdiction, such holding shall not affcct the validity of thc remaining portions of
this Ordinance, and thc City Council hereby declares that it would have passed such remainin8 portions
of this Ordinanc~ dcapite such invalidity, which ~maining portions shall remain in full force and
cffecL
Section 8. Savlam. 'this Ordinance shall bc cumulative of all other ordinances of the City and shall
not repeal any of the provisions of those ordinances except in those' instances where thc provisions of
those or6inanccs arc in direct conflict with thc provisions of this Ordinance.
Section 9. Effective Data. This Ordinance shall take effect immediately from and afl~ ita passage
and approval, and it is so ordalncd.
PASSEl) AND APPROVED by the City Council of the City of Thc Colony, Texas this the3~
day of April 2000.
ATTEST:
Patti A. Hicka, TRMC, City Secretary
APPROVED AS TO PORM:
Tiffa~ L. Hae-~ling, City Attorney
AprilS-00 11:36A City o¢ The Colony 9726251756 P.06
Apr-lB-00 11:36A City of The Colony 9726251756 P.07
Apr-18-00 11:37A City of The Colony 9726251756 P.09
Apr-18-O0 11:37A City of The Colony 97262517~6 P.10
ALTERNATIVE "F"- FUTURE I=ULLY DEVELOPED WATERSHED WITH SELECT DETENTION
STATE HIGHWAY 121I FM 423 CULVERTS DESIGN/CONSTRUCTED BY STATE
Morning Star Drive to South Colony Blvd.
t Description ! Unit Cost I Cost
. Channel Excavation, 1400 LF x 234 SI= = 12150 CY j $7.00 ~85,050,00
I Concrete Pilot Channel, 1400 LF x 5.0 FT: 855 SY J $25.00 I $2.1,375.00 j
LRiprap at Structure. 12 CY I $60.00 i $720.00 I
i._H. ydromulch, 1400 LF x 100 FT = 140,000 SF I $0.11 I $15,400.00
Subtotal $122.545.00
20% Contingency 24,509.00
TOTAL $147,054.00
South Colo.n.y, Blvd. to Memorial Drive
Description I Unit Cost ~' Cost
I~ox Culvert, 2-6'x 6' x 120' at 0.898 CY/LF = 107.8 CY i $400.00 I $43,104.00
Parallel Heaowall$. 24.4 CY ', S400.00 ! $9.760,00
Channel Excavation, 1500 LF x 266 SF = 15750 CY ! $7.00 t $110,250.00
Concrete Pilot Channel, 1600 LF x 10,0 FT = 1778 SY J $25.00 I ~,4.450.00
.Riprap at S.tructure, 75 CY ! $$0,00 I ~t,500.00
· H¥0romulch. 1600 LF x 100 FT -- 160,000 SF I $0.11 I $17,600.00. _,
Subtotal $229.664.00
20% Contingency 45,935.00
TOTAL $275,597.'00
Memorial Drive to Pai~le Road (Inclydes Channel along Road East of Paige)
t Description Unit Cost I Cost
Box Culvert, 2-gx 6' x 120' at 1.36 CY/LF = 162.7 CY $400,00 J $65,472.00
; Paraltei Hea0walls, 28,3 CY $400,00 I $11,320.00
[ Channel Excavation. 1550 LF x 700 SI=: 40,200 CY $7.00 I S2.81,400.00
i Concrete Pilot Cllannel, 1550 LF x 10.0 F-F: 1722 SY $25.00 I ~43,050.00
LR_!prap at Structure, 80 CY S60.O0 I S4,800.00
· ',ri~,dromulc.~. 1550 LF x 100 FT = 155,000 SF $0,11 t $17,050,00
': Box Culvert, 2-8x 5' x 120' at 1,091 CY/LF = 130.9 CY $400.00 I
i ~arallel..H, ea0wal[$, 16.8 CY $400.00 I ,$6,720.00
i Channel Excavation. 1000 LF x 266 SF = g,850 CY $7.00 I $68.950.00
1 Concrete Pilot Channel, 1000 LFx 10.0 FT= 1111 SY , $25.00 I $27,780,00
, Riprap at S_t_ructure, 25 CY . $60.00 i $1,500.00
! H~/Clr0mutct~. 1000 LF x 100 FT = 11,111 SF S0.11 t $1.???.00
Subtotal $581,624.00
20% Contingency 118,325,00
TOTAL $ 697,949.00
Pa!~e Road to Blair Oaks
Description I Unit Cost I Cost
Box Culvert. 4-10x 8'x 120' at 3.26 CYILF = 391.3 CY i $400.00 i S156,528.00 :
Parallel Heaowall$, 40,9", CY ! ~,00.00 t $16,364.00
Channel Excavation, 3250 LF x 900 SF = 108,300 CY i $7.00 ! $758,100,00
Concrete Pilot Channel. 3250 LF x 10.0 FT = 3600 SY I $25.00 I $90,000.00
Riprap at SIructure, 100 CY t $60.00 I $~.000.00
H),oromulch. 3250 LF x 120 FT, = 390,000 SF J 50.11 I $42.900.00
Subtotal $1.069.692.00
20% Contingency 213,978.00
TOTAL $1,283,870.00
Apr-18-O0 11:38A City of The Co'lony 97262617B6 P.ll
Page 2 - ALTERNATIVE "F" - FUTURE FULLY DEVELOPED WATERSHED
WITH SELECT DETENTION, STATE HIGHWAY 121/FM 423
CULVERTS DESIGN/CONSTRUCTED BY STATE
Blair Oaks to Main (FM 423)
I Description i Unit Cost I C(~st
i Box Culvert, 4-10'x 9' x 120' at 3.39 CY/L? = 406.6 CY I $40G.00 I $162,720.00
Parallel Headwalls, 48 CY ! $400.00 I $1g,200.00
C~annel Excavation. 200 LF x 400 SF = 29,65 CY j $7.00 I $20,755.00
I RiDral3 at Structure, 100 CY J $60.00 I $6,000.00
LH;clr0mulCh. 2000 LF x 100 FT = 200,000 SF [ $0.11 I $22,000,00
Subtotal $230,675.00
20% Contingency 46,135.00
TOTAL $:276,810.00
Culvert West of Paige (Includes Memorial Drive Culvert)
: Description I Unit Cost I Cost
i Box Culvert, 2-5'x 2 x 1000' at 0.54 CY/I_F = 537 CY ! $400.00 I S214,800.00
! Parallel Hea0wall$, 18 CY ; $400.00 [ $7,200.00
~ Ri,prap at Structures, 60 cY I $60.00 i $3,600.00
· Box Culvert, 2-9'x 6 x 120' at 1.36 CYILF = 163 CY ! $400,00 i $65,200.00
t Parallel HeadwallS, 26,3 CY i $400.00 i 511,320.00
SuDtotal S302.120.00
~ 20% Contingency 60,424,00
TOTAL $362,54.4.00
Channel east of Blair Oaks to Memorial Drive
Description [ Unit Cost I Cost
Box Culvert. 2.8'x 5' x 120' at1.09 CY/LF = 130.8 CY I $400.00 { $52.320,00
Parallel Heaowalls, 37.6 CY )'$400,00 I $15,040.00
Channel Excavation, 1650 LF x 266 SF = 1§,255 CY i $7.00 I $113.785,00
Riprap at Structure, 25 cY I $60.00 j $1,500.00
Hyclrom~lch, 1850 LF x ~00 FT = ~65,000 SF ,, S0.1 '., I $18,168.00
Sublote! $200.813,0o
20% Contingency 40,162.00
TOTAL 5240,975.00
_A,.~L~ERNATIVE "F"- COST SUMMARY T_ABULAT!O_N
Morning Star Drive to South Colony Blvd, 5 147,054.00
Soutl~ Colony Blvd. to Memorial Drive $ 275,597.00
Memodal Drive to Paige Road $ 697,949.00
Paige Road to Blair Oaks [ $1,283,870,00
Blair Oaks to Main (FM 423) $ 275,810.00
Culvert West of Paige Road ' $ 3621544.00
Channel east of Blair Oaks to Memodal : $ 240,975.00
Conceptual Planning and Engineering $ 95,000,00
TOTAL ' $3,379,799.00
OPTION "1" - Culvert East ot Blair Oaks to Memoda, I
A. Existing Walershec/Flows $ 500,000.O0
B. Future TxDOT Design Flows $ 720,800.00
OPTION "2"- Culvert East of PaiQe Road $ 920,000.00
'Apr-18-00 11:38A City of ThQ Colony 9726261766 P.12
Existing and Pertained Non-Residential Developments
Located in the Office Creek Drainage Watershed
E,'~STING / pERNfITTED LOCATION / TRACT ~- LAND USE ACRES
ESTABLISHMENT
Cea~erm~ai 8evolve Smr~ NE comer Paig¢/i21 - Kemd 1.7~22 acres
Tract R
Chevron O~ Station NW comer Pai~e/12t - Ke:ai~ t. 157 acres
Tract R
B~dge~ Suites ~ NW comer Pai~e.q2t - Hotel 7.d35 ~cres
I Tract R
Goo~y Good~ L~quor Store NW comer Pmg~;121 - Re~l 1.85~ acres
Tract O
Comfort Suites S~' Comer Memorial/ Ho~et 1.72 acres
Blair O~s - Tract w
Alben~an:s Shopping C~mer NE comer Ma~t 2 t - Reail 17.669 acres
Tract W
'D~ve'$ Liquor , NE comer M~ Re~l t.i~8 acr:s
Memod~ - Tract U ,
B~stol O~s Aperients No~ of Memo~ Dfiv~ Muld-F~ly 2 t. l 01 acres
- Tract v Residential ~
Denton .~ea Teacher's Credit 4190 M~n St - Trac~ T B~emfl 1.290 acres
U~o~
Dr. M~ing's Dentis~ Office ~00 M~iz St - T~c~ T O~c~c~il 0.436 acres
A~A 55.66 aer~-~
TOT.~