OR 30 Establishes a "Pro Rata" charge to owners of lots or tracts with a water line to be connected with "School Line" ORDINANCE NO. 30
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISH-
ING A CHARGE TO BE KNOWN AS A "PRO RATA" CHARGE WHICH SHALL BE
MADE AGAINST EACH LOT OR TRACT OF LAND AND THE OWNER THEREOF
WHOSE WATER LINE SHALL BE CONNECTED WITH "SCHOOL LINE"; SETTING
THE RATE OF SAID CHARGE AT $2.00 PER FRONT FOOT OF LOT OR TRACT
OF LAND TO BE SERVED; PROVIDING FOR THE ESTABLISHMENT OF A BANK
ACCOUNT AND PROCEDURE FOR COLLECTING AND DEPOSITING THE RECEIPTS
FROM SAID "PRO RATA" CHARGE; PROVIDING FOR REIMBURSEMENT TO THE
COPPELL INDEPENDENT SCHOOL DISTRICT OUT OF SAID "PRO RATA"
CHARGES COLLECTED; PROVIDING A SEVERABILITY CLAUSE AND DECLARING
AN EMERGENCY.
WHEREAS, the City of Coppell, Texas, did on the 29th
day of November, 1965, enter into an agreement with the Coppell
Independent School District concerning the construction of a
water line to connect a certain school with the City water supply
(a copy of said Agreement being attached hereto as Exhibit "A"),
and
WHEREAS, under the terms of said agreement, the Coppell
Independent School District delivered to the City the sum of
$27,478.60 to be applied to the payment of the cost of constru-
ction of said water line, and
WHEREAS, under the terms of said agreement, the City
has completed the construction of said water line to be known
as the "School Line" which is more particularly described in
the agreement attached hereto as Exhibit "A", at a total cost of
$29,743.28, and
WHEREAS, under the terms of said agreement, the Coppell
Independent School District has agreed to pay to the City of
Coppell the difference between the amount first deposited with
the City and the total cost of said line in the sum of $2,264.68,
and
WHEREAS, under the terms of said agreement, the City of
Coppell has agreed to collect and pay as reimbursement to the
said Coppell Independent School District, a pro rata charge
against every lot or tract of land and the owner thereof whose
water line should hereafter be connected with said Water Line,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF COPPELL, TEXAS:
Section 1: "PRO RATA CHARGE".
Hereafter, the Tax Assessor and Collector of the City
of Coppell, Texas, shall charge and collect from each person,
firm or corporation desiring to connect with the Water Line
hereinabove described, a charge which shall be known as a
"Pro Rata Charge" which shall be made against each lot or tract
of land and the owner thereof whose water line shall hereafter
be connected with "School Line" and said charge shall be at the
rate of $2.00 per front foot of the lot or tract of land to be
served. The City Treasurer shall open an account with the
hi may be drawn only by t~e~lsv~l~ of the
co-s~gnature
Treasurer of the City of Coppell, Texas, and the Mayor of the
City of Coppell, Texas. Said account to be designated as the
"School Water Line Account." The Tax Assessor and Collector
shall deposit in said "School Water Line Account" all said
"Pro Rata" funds collected in regard to connections to said
Water Line. Every third month after said account is opened, the
Tax Collector and Assessor shall make a full report to the City
Council showing the condition of said account, the pro rata fees
collected and the taps for connections made to said "School
Line." The Tax Assessor and Collector shall keep accurate
records of all taps and connections made to said "School Line"
and of the fees collected for the same, and the Coppell Independent
School District shall have the right to inspect such records at
reasonable times.
Section 2: REIMBURSEMENT TO SCHOOL DISTRICT:
Every third month after said "School Water Line
Account" is opened, the City of Coppell shall pay to the Coppe11
Independent School District the accumulated funds in said account,
and shall continue to do so until the City shall have paid to
the Coppe11 Independent School District as reimbursement, the
sum of $27,349.04. Provided, however, that the City may leave
on deposit in said account the sum of $ 00.00 so as not to
close out said account with each withdrawal.
Section 3: APPLICATION FOR CONNECTION:
Each person, firm or corporation desiring to connect
with said "School Line" shall make application for the same to
the City Council of the City of Coppell or to such official or
employee as they may from time to time designate to accept such
application, on forms to be provided by the City. Approval of
the said application shall not be made and no person, firm or
corporation shall connect with said "School Line" until the
above mentioned "Pro Rata" charge has been paid to the City or
an arrangement has been made with the City to pay said charge
under terms satisfactory to the City.
Section 4: DISTRICT RIGHT TO INSTALL FIRE PLUGS:
right to
along or
The Coppell Independent School District shall have the
install, at its own cost, any additional fire plugs
off-extensions of said water line.
Section 5: SEVERABILITY CLAUSE:
If any article, paragraph, sub-division, clause,
phrase or other provision of this ordinance shall be adjudged
invalid or unconstitutional, the same shall not effect the
validity of this ordinance as a whole or any part or provision
thereof, other than the part so declared to be invalid or un-
constitutional.
Section 6: EMERGENCY CLAUSE:
The fact that the City of Coppell is in need of an
ordinance establishing the "Pro Rata" charges to be made in con-
nection with "School Line" in order to fulfill its obligations
under the agreement which is attached hereto as Exhibit "A",
creates an urgency and an emergency and requires that this
ordinance shall take effect immediately from and after its
passage.
DULY PASSED by the City Council of the City of Coppell,
Texas, this the 2q~h. day of M~nh , 1966.
ATTEST:
APPROVED AS TO FORM:
T2E STATE OF TE]Q~S X
OF DALb~S
]TATEP, LINE AG!~EEr,~EtIT
This a~roement rag. de 3nd executed on tZO day of
i'.jover~cr' , 1955, by ~nd bet~,een the Ci~I OF COPDELL,
TI''''~' n incorporated city of the State of Texas referred to
heroin as "City" and COPPELL iNDEPEII~ENT SC}iOOL DISTRICT,
referred to herein as "District:"
WITNESSET!I:
WHEREAS, District is in the process of constructing
~ school :.dj~cent to City and desires to connect said school to
%he City water supply, ~nd
~VHEREAS, the cost of constructin~ the water line
necessary to make slid connection is estimated to be
and
~YEEREAS, District desires to pay to City an ~aount
equal to the estimated cost of said line in return for which
C=~y will construct said line and make a charge which shai] be
known as a p r_~ against each lot or tract of land and the
",re
owner thereof, whose water line shall be thereafter connected
~ith said water line, and the amount so collected paid to District
to reimburse District for its costs expendod, and
~IEZEA$, District and City sou desire to ~et forth the'
m%nne~ in which %he construction of said uater line shall be
~ccomplished, and thereafter utilized and mnintalned, and the
~.?.nner in which reimbursement to District shall be provided:
NO%?, TF~EREFO~E, for nnd in consideration of ~11 the
~utuai covenants and conditions contained heroin, and other
good and v~lu~ble considerations, the parties hereto mutu~lly
~gree as follo~s:
1. District shall deliver ~o City the sum of ~27,~7g.80
to be held by City for the payment of ~hc construction costs of
the hotsin described ~ater line.
dc. scrlb~d r,s foiiov;s:
inch line c:.f:inni;:J :jr a point 3,618.2 fcc. t 'gout
~ c, c~.st survey li:~} o~ the v~,~ ,.:. ~
· , ..~ · ,.: ..~_ ....Survey,
Abzt. ~,tl2i~,~, ann 7.a ~e.~t north o~ 'n!;~ south line o~
Ti<ZF:CE 'Z 7.0 feet north of i~nd parallel to ~hc said
south line. o1' the Jag. A. Sir. mons Survey, Abet. ~?iSSG,
139i.7 feet;
~IENCZ X 4°40'30'' W a distance of
point, to the right;
~ENCE N 6025'30" E a distance of
an~le point, to the Fight;
427.5 .~e to an ~ngle
1049.9 feet to an
~.=,,C~ N 17o40'30" ~ a distance of 87.1 feet to an
angle point, to the left;
TiiEXCE N 6025'30" E a distance of 275.5 feet to an
angle point, to the right;
~iENCE N 26°30'~0'' a distance of 287,4 feet to the
riJht-of-way line of Coppoll Road;
south
BEGI~]NING again at a point 60' S 23°30'30'' W of the
south right-of-way line of c.~o-~pel! Road, said point
o -
also being 227.4 feet N. 23 30'30" E of point No. 7
as shov~n above;
The above bein$ the ccntcrline -'~' '
u,, ~iqe utliity ease-
rant "'the City~,.D.i:.,~Coppeli,
C. H. Good dated the d~y of
1965.
BEGINNING again with zn 8 inch w~ter line northwest
with Coppoll ~o~d ~crozs its intersection ~ith
Grapevine Creek and continuing on to izz inter-
section ~i~h Bethel Road;
~=~.',~ ,~ With Bethel ~o~d
~vay runnin~ south from +v-.~ e:zistln~, drain line
elbow, near the uater plant storage t~nk
TiEi{C2 N in said existl~.~ r=Sht- f-"ay t tr
.,,, ~, o v. o ~e
c::istin~ drain line elbow;' near the water pl~nt
storage tank.
Said line to be constructed and placed in compliance with all
exisZin: City Ordin~nces.
3. Upon final completion of said School Line, the
~ctu~l cost thereof sh~ll be computed =nd if said actual cost
is less than the sum ~enticncd in p&raZraph 1 hereof, the excess
wi]l be refunded to District and the balance used by the City
to pay for the cost of s~id line. If said actual cost is
more than the amount mentioned in Par;graph 1, District shall
m~ke up the difference and said total sum shall be used by the
City to pay the cost of said line.
4. Thereafter, City ~5rees to charJe and collect
from each person, firm or corporation dosirin~ to connect ~ith
said water line, a ch;~e which shall be known ss a "Pro Rata"
~hich shall be made a~i~st each lot or tract of land and the
o~ner thereof whose ~ater line shall thereafter be connected
With "School Line" and said charge shall be at the rate of
per front foot of the lot or tract of land to
served.
5. City ~grees to deposit all
funds so collected by
it in a separate account designated as the "School Water Line
t~ec
Account", and e~eh month pay to said District tile
~ccu~ulated funds in said account, and shall continue to do so
until the City shall have paid to the District as reimbursement
the total actual cost of construction of the "School Line".as
established pursuant to Paragraph 3 above, less District's pro
rata charge for front footage vhich amounts to ~
6. City agrees to keep accurate records of all taps
or connections made to the "School Line" ~nd of the fees
collected for same, and the District shall have the right to
inspect such records at reasonable ~imes.
7. The initial cost of said line shall include
fire plugs to be placed at !scations selected by the City.
shall have the right to install, at its o~n cost, any additional
fire plugs along or off extensions of said line.
8. Should any provisions of this a~reement be
declared illegal by a sour: of competent Jurisdiction, the other
four (4)
[~strict
remaining provisions of said ~Ureoment sh~i1 not in nnywice be
affected. Said agreement as to all provisions which are not
declared to be illegal shall be binding upon the p~rties.
EXECL~ED THIS the day of
19Gg.
CITY OF CCPPELL, TEXAS
By // ':
ATTE~ ·
City' Secretary
ACCEPTED:
COPPELL iNDEPENDENT SCHOOL DISTRICT
-,i-