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HomeMy WebLinkAboutOrdinances (O-04-1452)-03/16/2004 ORDINANCE 0-04-1452 AN ORDINANCE APPROVING THE DEVELOPER PARTICIPATION IN CONTRACT FOR PUBLIC IMPROVEMENTS BETWEEN EMERALD PARK RESIDENTIAL DEVELOPMENT, L TO AND THE CITY OF COLLEYVILLE, TEXAS FOR THE EMERALD PARK ADDITION WHEREAS, Emerald Park Residential Development, Ltd., (Developer) shall construct public improvements and the City of Colleyville, Texas shall participate in the cost as determined by municipal ordinance under Subchapter C. Developers Participation in Contract for Public Improvements, Local Government Code, State of Texas; and WHEREAS, The City of Colleyville and Developer hereby entered into a City- Developer Agreement/Contract for the Emerald Park Addition, which specifies certain construction costs that the City has agreed to participate in with the Developer. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. THAT the Developer shall construct the improvements and the City shall participate in their cost. THAT the City's total cost participation (not to exceed $114,408.00) does not exceed thirty percent (30%) of the total contract price. THAT roadway impact fees will be paid for each lot and the Developer will be reimbursed on a semi-annual basis as funds become available. THAT the Developer must execute a performance bond for the construction of the improvements to ensure completion of the project, said bond must be executed by a corporate surety in accordance with Chapter 2253, Government Code. THAT the City shall be reimbursed by the Developer the total cost participation by the City if City finds there was any undue loading of cost, collusion, or fraud. THAT all of the Developer's books and other records related to the project shall be available for inspection by the City. Ordinance 0-04-1452 Page 2 of 2 AND IT IS SO ORDERED. The first :~ding and public hearing being conducted on the ~ d day of ~( 2004. The secon reading and public hearing being conducted on the /f hf day of 2004. Cynthia Singleton, TRMC City Secretary h~ry~ A1f~~~9VEj/7' D AS TO FORM AND LEGALITY: , .-" .... ... . . ..... ~ .. Ross T. Foster City Attorney