HomeMy WebLinkAboutOrdinances (O-00-1219)-06/20/2000
ORDINANCE 0-00-1219
AN ORDINANCE APPROVING THE DEVELOPER PARTICIPATION CONTRACT
BETWEEN THE VILLAGE MONTICELLO PARTNERS, LTD., VILLAGE
MANAGEMENT, LLc, AND THE CITY OF COLLEYVILLE, TEXAS
WHEREAS, The Village Monticello Partners, LTD., Village Management, LLC shall
construct the approved infrastructure improvements in The Villages at
Colleyville and the City of Colleyville, Texas shall participate in the 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 The Village
Monticello Partners, LTD., Village Management, LLC, for the Village at
Colleyville, Texas, is hereby approved.
AND IT IS SO ORDERED.
The lirst reading and public hearing being conducted on the ~ ~ day of
\. )U n~ ,2000.
-
reading and public hearing being conducted on the 20 ~ day of
,2000.
ATTEST:
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CITY OF cOLLEYVILLE
Dt:;;
Mayor
J n Harris, TRMC, CMC
City Secretary
S TO FORM AND LEGALITY:
Ross 1. Foster
City Attorney
City of Colleyville
City- Developer Agreement
for
The Village at Colleyville
That Village Monticello Partners, Ltd., Village Management, LLC, collectively 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 The Village at Colleyville
("The Village"), which is shown on the attached Exhibit "A" and which shall be an addition to
the City ofColleyville, Texas as filed of record in the Plat Records of Tarrant County, Texas, the
parties hereto agree:
1. Developer and City agree to exchange the City's undeveloped strip of land (59' by 944') on
Pleasant Run Road for all of Lot 42 in The Village owned by the Developer. Lot 42 contains
five building sites and a total of 15 units. Appraisals showed the City land to be worth
$160,000 and the five sites on Lot 42 to be worth $419,000.
2. Developer agrees to construct the main parking lot on Lot 4R, Block 1, including parking lot
lighting and landscaping. Construction costs of the parking lot, including lighting and
landscaping, are estimated by Baird, Hampton and Brown to cost approximately $475,000.
3. City agrees to contribute $210,000 towards the construction costs of the parking lot on Lot
4R, Block 1. This contribution shall be delivered to The Village during the construction of
this parking lot, upon delivery of invoices to the City.
4. The Village Owners' Association ("VOA") will clean the parking lot on Lot 4R, Block 1 and
maintain the landscaping in and around the parking lot. The City will pay the cost of
electricity for the parking lot light poles and the water cost for the landscaping.
5. City agrees to pay Developer for the oversizing cost between an 8-inch water line and a 12-
inch water line installed between Pleasant Run Road and the City Park as shown on the City-
approved construction plans titled "Water Plan" prepared by Baird, Hampton, and Brown.
(estimated cost to City = $15,250)
6. City agrees to pay Developer the cost for utility improvements performed along the Chase
Bank property for re-locating of an 8-inch water line and an 8-inch sanitary sewer line out of
the proposed future Highway 26 right-of-way as shown on the City approved construction
plans titled "Water Plan" prepared by Baird, Hampton, and Brown. (estimated cost to City =
$30,500)
7. City agrees to coordinate and implement the design and construction of re-aligning
Thompson Terrace with Main Street at Highway 26 at the time of the Highway 26 widening
by TxDoT. This includes installing a ten-inch water pipe under Thompson Terrace outside
of the proposed future Highway 26 right-of-way. City and Developer agree to equally share
the costs ofre-constructing that portion of Thompson Terrace which has to be re-aligned with
The Village at CoUeyville
City-Developer Agreement
Main Street which is not paid for by TxDoT. If the Thompson Terrace / Highway 26
intersection is not re-built by January 1, 2004, then the Developer may pay for the design and
construction of any or all of these improvements, provided however, that the City will still
share in the cost of the Thompson Terrace re-alignment described above.
8. City agrees to acquire the right-of-way necessary to allow for the construction of the road
and utility improvements outlined in paragraph 7 above. It is agreed that this condemnation
will be done in conjunction with the Highway 26 widening. If the City has not acquired the
necessary right-of-way by January 1,2004, then the Developer may attempt to acquire on the
City's behalf, provided however, that the City will assist the Developer (at the Developer's
expense) with the condemnation process, if reasonably necessary.
9. City agrees to recommend approval to the Texas Department of Transportation ("TxDoT") of
the Highway 26 median improvements as shown on the attached Exhibit "B" titled
"Proposed Median Treatment Colleyville Boulevard (SH 26) Glade Road to Thompson
Terrace" prepared by Parsons Transportation Group.
10. City agrees to pay the design and installation costs for a temporary traffic signal at the Main
Street / Highway 26 / Thompson Terrace intersection. It is understood and agreed that the
permanent traffic signals will be designed by the City and constructed by TxDoT in
conjunction with the Highway 26 widening. If the permanent signal is not installed by
January 1, 2004, the Developer may elect to pay for the design of the permanent traffic
signal, and the City shall construct it.
11. Developer agrees that The Village Owners' Association (the "VOA") will pay the total cost
of continued maintenance repairs of any landscaping and irrigation systems installed in all
public areas (streets, parks, etc.) in The Village. City shall pay for the landscape watering
costs in the public areas. The Developer agrees that the City Parks Department will have
reasonable control of the irrigation in a manner that keeps plant material healthy and
growmg.
12. Developer agrees to pay the total cost of installation of a gate at the west end of Central
Drive with key access. City agrees to maintain and repair the gate after installation.
13. Developer agrees to construct an eight-foot masonry-screening wall along the three common
property lines with Tract 2A2, B.B.B. & c.R.R. Co. Survey, Abstract 206 as part of Phase I
of the project. Developer agrees to install a six-foot masonry screening wall along the entire
length of the northern boundary of The Village from City Park to Pleasant Run Road and an
eight-foot, wrought-iron fence with openings for gates along the entire western property line
where The Village is adjacent to the City Park at the time the lots that abut these property
lines have completed streets and utilities which have been accepted by the City.
14. City agrees to enforce the parking regulations within The Village as referenced in Section 10
of Zoning Ordinance 0-99-1141, provided however, that the Developer shall pay the cost of
the administration and the City's enforcement of such parking regulations until building
permits have been issued for eighty building sites in The Village. Thereafter, the City shall
pay the enforcement costs of parking regulations. By September 1, 2000, City and
The Village at Colleyville
City-Developer Agreement
Developer shall attempt to further define and agree upon specific parking regulations for The
Village.
15. Developer agrees that the VOA shall pay for the cleaning of public parking lots. The City
shall repair and maintain such public parking lots.
16. Developer shall install streetlights and street signs as approved by the City in The Village.
Thereafter, the City shall maintain and operate them.
17. Developer shall install the landscaping and irrigation improvements as approved by City in
all public parks in The Village.
18. City agrees to withhold building and sign permits in The Village until the applicant delivers
written authorization from the VOA's Architectural Control Committee that the plans are
acceptable to the VOA.
19. Within twelve months after completion of infrastructure in the first phase of The Village,
City agrees to install: (a) at least six-foot wide sidewalks on Thompson Terrace and Glade
Road from Highway 26 to the east to connect to the recently installed sidewalk on Glade
Road; (b) a six-foot wide sidewalk on Pleasant Run Road from Bogart Road connecting to
the sidewalk constructed by The Village on Pleasant Run Road. (This will allow citizens to
ride their bikes from Hall-Johnson and Glade all the way to the City Park and The Village.)
20. Developer agrees to construct all public drainage easement improvements in The Village.
City agrees to repair and maintain such improvements after accepting them.
21. Developer agrees to provide the City with a 2-year maintenance bond on all public
improvements.
22. Developer agrees to pay all overtime construction inspection fees incurred by the City during
the infrastructure construction in The Village.
23. City agrees to waive all perimeter street fees for Pleasant Run Road since the Developer is
re-building the road along its property frontage.
24. Developer agrees that the City is not responsible for maintenance of the sewer lines from the
sewer mains to the buildings. Maintenance of this section of the sewer lines will be the
responsibility of the building unit owners.
25. Developer agrees that all applicable impact fees will be paid by each building owner prior to
issuance of a building permit for that building.
Developer (Village Monticello Partners, Ltd. and Village Management, LLC)
The Village at Colleyville
City-Developer Agreement
Date:
1 /;/ Ie."
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Name:
Title:
Date: (p 12..0 I 0 ()
, f
The Village at CoUeyville
City-Developer Agreement
Exhibit "A"
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OVERALL SlTI! PLAN
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NO. REVISIONS DATE
D(SIGNED: ClRAWN: D-lECICED: ...'"
I I KB I 12/17/99
REALTY CAPITAL CORPORATION f
1111 SOU1H WlIi Sf. STE KID. QIWIEWrIIE, T:I 111161
1U. (111) 4M-42OC1 FAX ("'1) U4-2....
EllS ~ Baird, Hampl.an & Brown, Inc.
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ORAWI"IG r......L E:\5l8CIO\8MJ\CNElW.LIl00Q
The Village at Colleyville
COLLEYVIUE. TEXAS
Exhibit "B"
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Date' 10/99
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PROPOSED MEDIAN TREATMENT
COLLEYVILLE BOULEVARD (SH 26)
GLADE ROAD TO THOMPSON TERRACE
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