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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 [SEAL] �`►. �H b���n C4 m O APPROVED AS TO FORM: fydOb )-& Town Attorney, Town of Trophy Club, Texas