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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-