HomeMy WebLinkAboutOrdinance No. 07-1735
THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. 07- /I~
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING OF THE CODE OF ORDINANCES, CHAPTER 17,
ARTICLE II, FEES, BY ADDING A NEW SECTION 17-8, PRO RATA
AGREEMENT, TO PROVIDE FOR THE REIMBURSEMENT OF A
PORTION OF THE COST OF IMPROVEMENT AND/OR
INFRASTRUCTURE FROM LANDOWNERS BENEFITING FROM
SUCH IMPROVEMENTS AND/OR INFRASTRUCTURE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City and/or developers often are required to fund the cost of constructing
improvements and/or infrastructure necessary for a specific project; and
WHEREAS, such improvement and/or infrastructure frequently benefits other landowners
and/or developers within the City who have not incurred any of the costs of such construction; and
WHEREAS, the City Council has determined the Code should be amended to provide for
the approval and authorization of entering into pro-rata agreements to assist in recouping the costs
incurred for the construction of improvements and/or infrastructure benefiting other landowners
and/or developers in the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the Code of Ordinances of the City of The Colony, Texas be, and the
same is, hereby amended by amending Chapter 17, Article II, Fees, by adding a new Section 17-
8, Pro Rata Agreement, which shall read as follows:
"Chapter 17
PLANNING AND DEVELOPMENT
ARTICLE II. FEES
Sec. 17-8.
Pro Rata Agreement.
The City Council may approve and authorize a development agreement with a
landowner or development of land located within the jurisdiction of the City or its
extraterritorial jurisdiction to provide for either on-site or off-site improvements
Page 1
TM 18827.76.000
or infrastructure and to recover the proportionate cost thereof from other
landowners and developers who benefit from such improvements
Secs. 17-9 - 17-24. Reserved"
SECTION 2. If any section, article paragraph, sentence, clause, phrase or word in this
ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this ordinance; and the City Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 3. That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby amended, repealed and all
other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance
shall remain in full force and effect.
SECTION 4. This Ordinance shall become effective from and after its date of passage
in accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 4th day of September. 2007.
ATTEST:
~~~=~~ ~~
John Dillard, Mayor
d?J.L/.i!JJ.<0.
,,' ," Of 7H{"<~
, . ~-{ ...... . ". "C v"G
.~ r'.... ...Q. \:,
',:1, v: " '0 "
f . .
'lu' ,'-7
i~{ S'Ei1\,J ;:'(,,'
\\ '., " n,"~: .
. ~""';:EX ~S' .
~'Qzan..
APPROVED AS TO FORM:
~'" .ih
Robert E. Hager, City A omey
(REH/cdb 08/24/07)
Page 2
TM 18827.76.000