ORD 2001-26TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2001- 26
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AUTHORIZING THE TOWN TO ENTER INTO DEVELOPER COST
PARTICIPATION CONTRACTS FOR THE CONSTRUCTION OF
PUBLIC IMPROVEMENTS; PROVIDING FOR DUTIES OF THE
PARTIES AND LIMITATIONS FOR TOWN COST PARTICIPATION
UNDER CONTRACT; REQUIRING THE DEVELOPER TO PROVIDE A
PERFORMANCE BOND; PROVIDING FOR ADDITIONAL
SAFEGUARDS AND INSPECTION OF DEVELOPER'S RECORDS;
REQUIRING APPROVAL OF ALL DEVELOPER PARTICIPATION
CONTRACTS BY ORDINANCE; PROVIDING A CUMULATIVE
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas, is a Type A General Law Municipality
portions of which are located in Denton County and Tarrant County, Texas, created in
accordance with provisions of the Texas Local Govei nnent Code and operating pursuant to the
enabling legislation of the State of Texas;
WHEREAS, the Town Council of the Town of Trophy Club, Texas, is empowered under
the Texas Local Goverinrnent Code, Section 51.001 to adopt an ordinance or rule that is for the
good government of the Town;
WHEREAS, Section 212.071 of Chapter 212 of the Texas Local Govermnent Code
provides that a Town may enter into a cost participation contract (herinafter the "Contract") with
a developer of a subdivision or land (herinafter the "Developer") to construct public
improvement(s) related to the development of such subdivision or laid;
WHEREAS, Chapter 212 further provides for duties of the parties, limitations for Town
cost participation tinder contract, bond requirements, additional safeguards and inspection of
Developer's records, and requires approval of all Developer Cost Participation Contracts by
Town ordinance; and
WHERE AS, the Town Council of the Town of Trophy Club hereby determines that it is
in the best interest of the Town to authorize such Contracts for the purposes of constructing
public improvements) within the town that are determined by Town Council to serve a valid
public p-arpose.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPIIY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
1.01 Alt matters stated in the preamble are found to be true and correct and are incorporated
herein as if copied in their entirety.
SECTION 2.
PARTICIPATION COSTS AUTHORIZED
2.01 In accordance with Section 212.071 of the Texas Local Governinent Code, as amended,
the Town of Trophy Club is authorized to enter into a Contract with a developer of a
subdivision or of lard in the municipality to construct public improvement(s), other than
a building, related to the development of such subdivision or land. Such Contract(s) are
not subject to the competitive sealed bid procedures of Chapter 252 of the Local
Government Code,
2.01 Nothing in this Ordinance should be construed as to require the Town to enter into such
Contract(s). Each Contract authorized by the Town Council shall be approved by the
adoption of an Ordinance upon a majority vote of the Council, having found that the
proposed public improvements) are beneficial to the public and serve a valid public
purpose.
SECTION 3.
DUTIES AND LIMITITATIONS OF PARTIES UNDER CONTRACT
3.01 Upon Town Council approval of a Contract pursuant to this Ordinance, the Developer
shall construct the public improvements) and the Town shall participate in the cost of
such public improvement(s) as specified herein.
3.02 The Contract shall establish the maximum limit of participation by the Town at a level
not to exceed thirty (30%) percent of the total Contract price, The Contract may also
allow participation by the Town at a level not to exceed one hundred (100%) percent of
the total cost for any over -sizing of the public improvement(s) required by the Town,
including but not limited to increased capacity of public improvement(s) to anticipate
other future development in the area. The Town shall be liable only for the agreed
payment of its share of costs for the construction of the public improvement(s). The
terms and conditions of the Town's payment shall be set forth in the Contract, which shall
be executed prior to the commencement of construction of the public improvement(s).
SECTION 4.
PERFORMANCE BOND REQUIRE
4.01 Prior to the commencement of construction, the Developer shall execute a performance
bond(s) for the construction of the public inlprovement(s) to ensure completion of the
project. The bond shall meet the requirements of Chapter 2253 of the Texas Government
Code and shall guarantee the payment of an amount equal to one hundred (100%)
percent of the value, as approved by the Town Engineer, of the construction costs of all
the public improvement(s) and facilities to be constructed by the Developer. Any surety
company through which a bond is written shall be a surety company duly authorized to
do business in the State of Texas, provided that the Town, through the Town Attorney,
shall retain the right to reject such surety company as allowed by law.
SECTION 5.
•
ADDITIONAL SAFEGUARD,INSPECTION OF RE CORDS
5.01 The Developer's Engineer shall prepare and submit detailed estimates of the cost and
quantities for constructing the public improvement(s) to the Town Engineer. The Town
Engineer shall then estimate the total cost for construction should the Developer fail to
complete the public improvement(s) in accordance with the teens and conditions of the
Contract. The Town Engineer's detailed cost estimates shall be made a part of the
Contract.
5.02 The Developer, Developer's contractors (prime, general and major subcontractors) and
Town shall hold a pre -construction conference prior to the initiation of any work. At or
prior to the pre -construction meeting, Developer shall provide the Town with the
following documents: 1) Two (2) copies of all executed construction contracts between
the Developer and his or her contractors or subcontractors; 2) List of all
contractors/subcontractors and their project assignments; 3) Three (3) sets of approved
construction plans and specifications. This list of contractors/subcontractors shall be
updated within seven (7) days of any changes and a copy of each executed construction
contract shall also be provided within such seven (7) day period. The Developer shall
give the Town at least twenty-four (24) Hours prior written notice of leis/her intent to
commence construction of all public improvement(s), so that the Town, if it so desires,
may have its representatives available to inspect the begiuu-iing and continuing progress of
all work.
5.03 All of the Developer's books and other records related to the project shall be made
available for inspection by the Town within twenty-four (24) hours of receipt of written
notice from the Town.
SECTION G.
CUMULATIVE CLAUSE
6.01 This Ordinance shall be cumulative of all provisions of all Ordinances of the Town of
Trophy Club, Texas, except where the provisions of this Ordinance are in direct conflict
with the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed
SECTION 7.
SEVERABILITY
7.01 If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or
application thereof to any person or circtunstance, is held invalid or unconstitutional by a
Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of the Ordinance, and the Town Council hereby declares it would have passed
such remaining of the Ordinance despite such invalidity, which remaining portions shall
remain in full force and effect.
SECTION S.
SAVINGS
8.01 All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any
and all violations of the provisions of any other Ordinances or Resolutions of the Town
affecting land development and the construction of public improvements, which have
secured at the time of the effective date of this Ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such other Ordinances or Resolution, same shall not be affected by this
Ordinance but may be prosecuted until final disposition by the courts.
SECTION 9.
PUBLICATION
9.01 The Town Secretary of the Town of Trophy Club is hereby directed to publish in the
Official Newspaper of the Town of Trophy Chub the Caption, Penalty and Effective Date
Clause of this Ordinance as required by Section 52.011 of the Local Government Code.
SECTION 10.
ENGROSSMENT AND ENROLLMENT
10.01 The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption and Effective Date clause in the minutes of
the Town Council of the Town of Trophy Club and by filing this Ordinance in the
Ordinance records of the Town.
SECTION 11.
EFFECTIVE DATE
11.01 This ordinance shall become effective from and after its date of passage acid publication
as required by law, and it is so ordained.
PASSED AND APPROVED by the Town Coumeil of tI ' Tows of Trophy CIub. Texas
this the 19`x' day of November, 2001. '~ �
Town of-17rophy Club, Texas
ATTEST:
Town Secretary
Town of Trophy Club, Texas
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APPROVED AS TO FORM: fydOb )-&
Town Attorney,
Town of Trophy Club, Texas