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HomeMy WebLinkAboutOrdinances (O-00-1221)-07/05/2000 ORDINANCE 0-00-1221 AN ORDINANCE APPROVING THE DEVELOPER PARTICIPATION CONTRACT BETWEEN JBM DEVELOPMENT AND THE CITY OF cOLLEYVILLE, TEXAS. WHEREAS, JBM Development shall construct the improvements and the City of Colleyville, Texas shall participate in their cost as determined by municipal ordinance under Subchapter C. of the Developers Participation in Contract for Public Improvements, Statue 212.071, Local Government Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF cOLLEYVILLE, TEXAS: Sec. 1: THAT the City/Developer Agreement (as attached) with JBM Development, for the Williamsburg Development at Colleyville, Texas, is hereby approved. AND IT IS SO ORDERED. The \ first reading and public hearing being conducted on the 2n i:b day of ~ \in L , 2000. reading and public hearing being conducted on the 5~ day of ,2000. Denied at second reading, August 2, 2000. ATTEST: /J~ CITY OF cOLLEYVILLE J an Harris, CMC City Secretary t:~ Gu Mayor APPROVED AS TO FORM AND LEGALITY: 'ff1C Ross 1. Foster City Attorney City of Colleyville City-Developer Agreement Williamsburg Estates That JBM Development, hereinafter called "Developer" and the City of Colleyville, Tarrant County, Texas hereinafter called "City", enter into the following agreement. In consideration of the mutual covenants herein contained and for Williamsburg Estates an addition to the City of Colleyville, Texas as filed of record in Cabinet A, Slide 5565 of the Plat Records of Tarrant County, Texas, the parties hereto do agree: 1. The "Developer" agrees to escrow the "City" the sum of $50,011.92 for the future improvements of John McCain Road. This agreement shall serve as the written waiver from the general requirement for the improvement of perimeter streets as provided in Chapter 9, "Subdivision Ordinance", Section 6, Paragraph I, "Improvement to Perimeter Street and Utilities." 2. "City" agrees to pay "Developer" the sum of $50,011.92 for the improvements to John McCain Road including the removal of the hill for increased safety at this location as shown on the City approved construction plans titled "City of Colleyville, Texas Plans for the Construction of Paving, Drainage, Sanitary Sewer and Water Improvements to Serve Williamsburg Estates" prepared by Welch Engineering, Inc. 3. "Developer" agrees the "City" is in no way responsible for the maintenance or operation of the detention ponds or any improvements associated with the detention ponds. 4. "Developer" agrees to reimburse the "City" for the installation of street name signs, stop signs and other traffic control devices, material and labor paid before installation. 5. The "Developer" understands that he has no authority to cancel or amend the tenns of the agreement without specific written authority of the "City". 6. If for any reason the ownership of the property should change prior to the acceptance by the City of the water, sewer, drainage and paving improvements in Williamsburg Estates, it is agreed that these conditions will pass from this "Developer" to the next owner and the City will require proper signatures of the new "developer" agreeing to the terms of this agreement. 7. "Developer" agrees to infonn builders of the drainage requirements set by the City approved drainage and lot grading plans. "Developer" to be involved in resolving any and all disputes concerning the construction of any retaining wall facilities or other necessary structures regarding lot drainage and compliance with the approved lot grading plan. No deviations from the City approved plans will be accepted. 8. Upon completion of the work, good and sufficient title to all facilities constructed, warranted free of any liens or encumbrances, is hereby vested in the City of Colleyville. IN WITNESS WHEREOF, the parties to these presents have executed this contract in three (3) counterparts, each of which shall be deemed an original on this day of 2000. DEVELOPER JBM Development