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Home My WebLink About1999-2386 - Ordinance - 04/22/1999ORDINANCE NO. 2386 AN ORDINANCE AMENDING CHAPTER 9, "SUBDIVISIONS'', OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: PART 2: PART 3: That Chapter 9, "Subdivisions", of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after ·its publication in the newspaper, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 22nd day of April, 1999. ATTEST: fl �---. �aJ.� �OKS, City Secretary APPROVED: js\c:\my documents\ordinan\p/atord2.doc 8110199 APPROVED: a&• A ':ro� LYNN&ciLHANEY,MaJOr ORDINANCE NO. 2386 PAGE2 EXHIBIT "A" That Chapter 9, Section 1B, is hereby amended to read as follows: "SECTION 1B: FUNCTION OF THE CITY COUNCIL The City Council shall be the authority for approving or disapproving requests for oversize participation and development agreements requesting deferral of specific requirements of this Chapter." That Chapter 9, Section 5-C, is hereby deleted in its entirety: That Chapter 9, Section 6B, is hereby amended to read as follows: "6-B.1 A master development plan is required for developments where there are planning issues including but not limited to street locations and sizes, public facility locations, lot layout, park and greenbelt locations, etc. -to be addressed and where there will be subsequent preliminary and or final plats occurring over a long period of time. All Master Development Plans must be reviewed and approved by the Planning & Zoning Commission. Once a Master Development Plan is approved, the applicant may submit a Master Preliminary Plat covering the entire area included on the Master Development Plan. Developments that will be developed in one phase will not require submission of a Master Development Plan. The applicant shall submit a Preliminary Plat. Any master development plan shall depict the following: (a) proposed land uses, including but not limited to street rights-of-way; (b) proposed zoning changes; ( c) proposed drainage development; ( d) proposed public improvements, including but not limited to parks, schools, and other public facilities." That Chapter 9, Section 6-B.2.1, is hereby amended to read as follows: "6-B.2.1 When a master development plan is approved, the subdivider may submit a master preliminary plat covering the entire area shown on the master development plan, and indicate thereon his proposed plan of development by increments. This master preliminary plat must be reviewed and approved by the Commission. If a master preliminary plat is not submitted, then each individual preliminary plat of an area must be reviewed and approved by the Commission. Each subsequent final plat from an approved master preliminary plat or preliminary plat must be reviewed and approved by the Commission .. ;sic: \my documents\ordinan\platord2.doc 08110199 ORDINANCE NO. 2386 PAGE3 After approval of this master preliminary plat, the subdivider may submit fractional final plats in accordance with the master preliminary plat by units or areas. Each increment or area must be adjacent to a preceding development or area. A master preliminary plat shall be effective for a period of one (1) year, and may be extended for an additional period of twelve (12) months, upon written request and approval of the Commission. The approval of each increment as a final plat will extend the approval of the master preliminary plat for twelve (12) months." That Chapter 9, Section 6-B.3.4, is hereby amended to read as follows: "6-B.3.4 Within thirty (30) days after the master development plan or master preliminary plat is formally filed with the City, the Commission shall approve or disapprove the plan/plat. " That Chapter 9, Section 6-B.3.5, is hereby amended to read as follows: "6-B.3.5 Following formal action by the Commission, the City will transmit to the subdivider one (1) copy of the plat marked "APPROVED". That Chapter 9, Section 6-C.2, is hereby amended to read as follows: "6.C.2 An applicant may request oversize participation on any infrastructure, as provided in Section 9 of these regulations. In order to do so, impact studies covering the particular infrastructure must be submitted justifying the request for oversize. These studies shall indicate what size infrastructure is necessary to serve the proposed development as shown on an approved master development plan or master preliminary plat. If the city's comprehensive plan calls for infrastructure in excess of that required for the proposed development, the applicant may request participation for this additional size. The City Council will consider and approve or disapprove oversize participation requests." That Chapter 9, Section 6-C.6, is hereby amended to read as follows: "6-C.6 If a change in zoning is contemplated or necessary, the subdivider shall submit a formal request of zoning change as required under the zoning ordinance with the preliminary plat application." That Chapter 9, Section 6-D.1, is hereby amended to read as follows: "6-D.1 These plats shall conform to the preliminary plat as approved by the Commission, and if desired by the subdivider, it may be a portion of a master preliminary plat as authorized in 6-B.2 above; provided it incorporates all changes, modifications, corrections, and conditions imposed by the Commission; and provided further, that it conforms to all requirements of these regulations." js\c:\my documents\ordinan\platord2.doc 08110199 Honorable Mayor and City Council City of College Station, Texas Members of the City Council: OFFICIAL BID FORM April 22; 1999 Reference is made to your Official Statement and Notice of Sale and Bidding Instructions, dated April 8, 1999 of $6,230,000 CITY OF COLLEGE STATION, TEXAS GENERAL OBLIGATION BONDS, SERIES 1999, both of which constitute a part hereof. For your legally issued Bonds, as described in said Notice of Sale and Bidding Instructions and Official Statement, we will pay you par and accrued interest from date of issue to date of delivery to us, plus a cash premium of$ -o-fir Bonds maturing and bearing interest as follows: Maturity Principal Maturity Principal Interest Maturity Principal Interest 2/15 Amount 2/15 Amount Rate 2/15 Amount Rate 2000 $ 150,000 % 2006 $ 300,000 L/. {)0 % 2012 $ 400,000 4.110 % 2001 235,000 % 2007 320,000 4.(/) % 2013 420,000 �.S-0 % 2002 250,000 % 2008 335,000 5-00 % 2014 440,000 l:itV % 2003 260,000 % 2009 350,000 �.� % 2015 460,000 �d°% 2004 275,000 % 2010 365,000 % 2016 485,000 -r.zo % 2005 290,000 2011 385,000 �.JC> % 2017 510,000 ¥.75"% Of the principal maturities set forth in the table above, term bonds have been created as indicated in the following table (which may include multiple term bonds, one term bond or no term bond if none is indicated). For those years which have been combined into a term bond, the principal amount shown in the table above shall be the mandatory sinking fund redemption amounts in such years except that the amount shown in the year of the term bond maturity date shall mature in such year. The term bonds created are as follows: Term Bond Maturity Date � Year of First Mandatory Redemption $. $ $ $ Principal Amount of Term Bond Our calculation (which is not a part of this bid) of the interest cost from the above is: TRUE INTEREST COST Interest Rate % % % % �s1s-1' % We are having the Bonds of the following maturities /J / ( insured by ___ F __ S,_A�-·-------- at a premium of$ 1'6,£C>D , said premium to be paid by the Purchaser. Any fees to be paid to the rating agencies as a result of said insurance will be paid by the City. The Initial Bonds shall be registered in the name of JS-1-T/l/ f'� LJt 'laA /!!M"J:.e:l5 , which will, upon payment for the Bonds, be cancelled by the Paying Agent/Registfii7.'7rite Bonds will then be registered in the name of Cede & Co. (DTC's partnership nominee), under the Book-Entry-Only System. A bank cashier's check or certified check of the F Jt.s C � Bank, , in the amount of $124,600, which represents our Good Faith Deposit (is attached hereto) or (has been made available to you prior to the opening of this bid), and is submitted in accordance with the terms as set forth in the Official Statement and Notice of Sale and Bidding Instructions. We agree to accept delivery of the Bonds utilizing the Book-Entry-Only System through DTC and make payment for the Initial Bond in immediately available funds in the Corporate Trust Division, Chase Bank of Texas, National Association, Houston, Texas, not later than 10:00 AM, CDT, on May 27, 1999, or thereafter on the date the Bonds are tendered for delivery, pursuant to the terms set forth in the Notice of Sale and Bidding Instructions. It will be the obligation of the purchaser of the Bonds to complete the DTC Eligibility Questionnaire. :-- · .. •. .··.:.· ._ .. · ... ·._: ,··· . ·.·. .. ·:··: ··::·. --�-... ·. . . ·;", · .... _ .. :· .. _.... . � .. The undersigned agrees to complete, execute, and deliver to the City, at least six business days prior to delivery of the Bonds, a certificate relating to the "issue price" of the Bonds in the form and to the effect accompanying the Notice of Sale and Bidding · Instructions, with such changes thereto as may be acceptable to the City. We agree to provide in writing the initial reoffering prices and other terms, if any, to the Financial Advisor by the close of the next business day after the award. Respectfully submitted, David S. Fast, Vice Pre�ident Name of Underwriter or Manager First Tennessee Capital Markets Authorized Representative ACCEPTANCE CLAUSE Syndicate Members: The above and foregoing bid is hereby in all things accepted by the City of College Station, Texas, subject to and in accordance with the Notice of Sale and Bidding Instructions, this the 22nd day of April, 1999. AITEST � �ify� Mayor City of College Station, Texas l· · . Honorable Mayor and City Council City of College Station, Texas Members of the City Council: OFFICIAL BID FORM April 22, 1999 Reference is made to your Official Statement and Notice of Sale and Bidding Instructions, dated April 8, 1999 of $850,000 CITY OF COLLEGE STATION, TEXAS CERTIFICATES OF OBLIGATION, SERIES 1999, both of which constitute a part hereof. For your legally issued Certificates, as described in said Notice of Sale and Bidding Instructions and Official Statement, we will pay you par and accrued interest from date of issue to date of delivery to us, plus a cash premium of$ __j_,'i-5.Q__ __ for Certificates maturing and bearing interest as follows: Maturity Principal 2/15 Amount 2000 $ 350,000 200 1 250,000 2002 250,000 Interest Rate L/ .10 2. 72 3, 1 5. % % % Our calculation (which is not a part of this bid) of the interest cost from the above is: TRUE INTEREST COST 3.�0(o3 % We are having the Certificates of the following maturities l'\Or'\l-insured by ____________ _ at a premium of$ , said premium to be paid by the Purchaser. Any fees to be paid to the rating agencies as a result of said insurance will be paid by the City. The Initial Certificates shall be registered in the name of WILLIAM R. HOUGH & CO , which will, upon payment for the Certificates, be cancelled by the Paying Agent/Registrar. The Certificates will then be registered in the name of Cede & Co. (DTC's partnership nominee), under the Book-Entry-Only System. A bank cashier's check or certified check of the fu s;± Bank, ftU.S-::-b .(/") , in the amount of $17 ,000, which represents our Good Faith Deposit (is attached hereto) or (has been made available to you prior to the opening of this bid), and is submitted in accordance with the terms as set forth in the Official Statement and Notice of Sale and Bidding Instructions. We agree to accept delivery of the Certificates utilizing the Book-Entry-Only System through DTC and make payment for the Initial Certificate in immediately available funds in the Corporate Trust Division, Chase Bank of Texas, National Association, Houston, Texas, not later than 10:00 AM, CDT, on May 27, 1999, or thereafter on the date the Ce1tificates are tendered for delivery, pursuant to the terms set forth in the Notice of Sale and Bidding Instructions. It will be the obligation of the purchaser of the Certificates to complete the DTC Eligibility Questionnaire. The undersigned agrees to complete, execute, and deliver to the City, at least six business days prior to delive1'y of the Certificates, a certificate relating to the "issue price" of the Certificates in the form and to the effect accompanying the Notice of Sale and Bidding Instructions, with such changes thereto as may be acceptable to the City. We agree to provide in writing the initial reoffering prices and other terms, if any, to the Financial Advisor by the close of the next business clay after the award. Respectfully submitted, Syndicate Members: WILLIAM R. HOUGH & CO. Name of Underwriter or Manager • /Jl () LLVto�"' ll ) dt I .... .. ',- .. ·:·· .. ·· .· ... · ..... . � ... . .. · .,··· ., ACCEPTANCE CLAUSE The above and foregoing bid is hereby in all things accepted by the City of College Station, Texas, subject to and in accordance with the Notice of Sale and Bidding Instructions, this the 22nd day of April, 1999. ATTEST: