HomeMy WebLinkAboutPO 7220: CONTRACT WITH D & T INTEREST, LLC, DEVELOPMENT OF 3.568 ACRES OF LAND P.O. No. 7220
12/11/23 ht
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE EXECUTION OF A
DEVELOPER PARTICIPATION CONTRACT BETWEEN
THE CITY OF PORT ARTHUR AND D&T INTEREST,LLC
FOR THE DEVELOPMENT OF 3.568 ACRES OF LAND
LOCATED ON JIMMY JOHNSON BOULEVARD NEAR THE
BABE ZAHARIAS GOLF COURSE PURSUANT TO
SECTIONS 212.071 AND 212.072 OF THE TEXAS LOCAL
GOVERNMENT CODE,V.T.C.A.
WHEREAS, pursuant to the authority under Section 212.071 and 212.072 of the Texas
Local Government Code, the City of Port Arthur "City" and D & T Interest, LLC "Developer",
desire to enter into a Developer Participation Contract; and
WHEREAS,Developer is the present owner of certain real property located in the City and
comprising Planned Development District—42,being approximately 3.568 acres of land located on
or around Jimmy Johnson Blvd near the Babe Zaharias Golf Course described in Exhibit "A"
attached; and
WHEREAS, Developer plans to develop and improve the land, so as to provide utility
infrastructure improvements wherein seventy(70)residential townhouses can be constructed with a
completion deadline of the project by January 1,2028; and
WHEREAS,the public infrastructure improvements to be constructed by Developer will be
water lines, sanitary sewer lines, and storm sewers, as substantially described in Exhibit "B" and
located on or around Jimmy Johnson Blvd near the Babe Zaharias Golf Course; and,
WHEREAS,Developer shall construct the improvements and the municipality,(i.e.,City of
Port Arthur), shall participate in their cost at a level not to exceed thirty percent(30%)of the total
contract price as provided in §212.072 of the Local Government Code; and
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WHEREAS, the City's participation shall not exceed thirty percent (30%) of the total
contract price of$1,546,683.00, which is presently estimated at $464,004.90,
WHEREAS, on or before March 1, 2024, construction will commence on the water lines,
sanitary sewer lines, and storm sewers, and other ancillary public improvements as is required by
City Code and professional engineering analysis; and
WHEREAS, consistent with §212.073 of the Local Government Code, the City will also
require the developer to execute a performance bond for the construction of the improvements to
ensure completion of the project.
NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That §212.072 of the Local Government Code requires the developer
participation contract to establish the limit of participation at a level not to exceed thirty percent
(30%)of the total contract price; and
Section 3.That the City Council hereby authorizes the City Manager to execute and agree to
the project, as provided in the Developer Participation Contract with D & T Interest, LLC, in
substantially the same form as attached hereto as Exhibit "B".
Section 4. That a copy of the caption of this Ordinance be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED on this day of , A.D., 2023, at a
Council Meeting of the City Council of the City of Port Arthur, Texas,by the following vote:
AYES: Mayor:
Councilmembers:
NOES:
Thurman Bill Bartie, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
Valecia R. Tizeno, City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton City Manager
EXHIBIT(S)
WILL BE PRESENTED AT OR BEFORE THE CITY COUNCIL MEETING