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CM 1980-08-14 153 Minutes of August 14, 1980 The City Council of the City of Coppell met in special called session on August 14, 1980 at 7:30 p.m. in the Coppell High School Cafeteria. The following members were present: Andrew Brown, Jr., Mayor David Phillips, Mayor Pro Tem Roy Brock, Councilman Orville Mayo, Councilman Glen White, Councilman Date Ware, Councilman Also present were City Administrator James Elium, City Attorney Larry Jackson, and City Secretary Dorothy Timmons. The meeting was called to order and everyone asked to stand while Mayor Pro Tem Phillips gave the invocation. The first item to be considered following the invocation was reconsideration of adoption of an ordinance granting a zoning change on the application of Lomas & Nettleton Land Corp., which said zoning change was considered by the LO Council on July 22, 1980, on a tract of land situated in the JAMES PARISH mml SURVEY, ABSTRACT NO. 1139, City of Coppell, Dallas County, Texas, and being more particularly described as a tract of land containing 79.569 acres of land located east, west and south of the intersection of Sandy Lake Road and Allen Road. Mayor Brown stated that at the Council meeting on July 22, the Council had asked certain considerations from Lomas & Nettleton Land Corp. concerning the proposed development and inquired of Mr. Wayne Ferguson if he was in a position to discuss any of these considerations at this time. Mr. Ferguson stated that he was and that, if the proposed zoning ordinance is adopted, they were prepared to ask for a re-zoning change on approximately four to four and one-half acres of "MF-I" zoning to be changed to "R" Retail zoning. Mr. Fergu- son stated that they will also build only two units attached in a contiguous row in the Townhouse zoning. Mayor Brown then stated that, although, the public hearing on this proposed zoning change was closed, he would receive any questions from the audience conerning these new considerations. There were none. Follow- ing discussion by the Council, Mayor Brown stated that it was the understanding of this Council that with the positive resolution of the Lomas & Nettleton Land Corp. request that Lomas & Nettleton would "use their best efforts and enforce contractual rights to arrange for the dismissal with prejudice by the plaintiffs of the litigation styled Fox and Jacobs, Inc., George S. Hiland, Trustee, and Hank Dickerson and Co. vs the City of Coppell, et al". Mayor Brown inquired of Mr. Ferguson if this was a correct quote from a letter to the City of Coppell. Mr. Ferguson indicated that it was. A copy of this letter and the exhibits are attached as a permanent part of these minutes. Mayor Brown then stated that a motion was in order to consider the proposed zoning ordinance for Lomas & Nettleton Land Corp. Mayor Pro Tem Phillips moved that the ordinance approv- ing the zoning change be approved; Councilman Ware seconded and motion carried 5-0. This ordinance will be numbered 204-A-5. Next, the Council considered approval of a preliminary plat of Woodridge Addition on the application of Lomas & Nettleton Land Corp. City Admini- strator James Elium stated that the Planning and Zoning Commission has recommended approval of this plat with the elimination of the alleys along Sandy Lake Road, extending the lot lines along this area to the street and constructing four foot berms along Sandy Lake. Following the discussion by the Council, Councilman White moved that the preliminary plat be approved with the addition of the recommendations by the Planning and Zoning Commission; Councilman Brock seconded and motion carried 5-0. The next item to be considered by the Council was consideration of a petition for consent for the creation of Copp~ll Municipal Utility District No. 2 and approval of an ordinance creating this district. Mr. Ferguson stated that this district is needed so that the MUD will be able to help with the cost of the off-site drainage and oversizing the lines in this subdivision. Those persons having questions from the audience were Mr. Norris Brewer, Mr. Nick Kelly, and Mr. Steve Parsons. Following discussion by the Council, Councilman White moved that the petition for consent for creation of the MUD No. 2 be approved; Councilman Mayo seconded and motion carried 5-0. The ordinance will be prepared qmmm~l~mImmm%at a later date. 154 The meeting was then adjourned. Andrew Brown, Jr., Mayor ATTEST: L & N Management,Inc. Wayne Fe~uson 200~ BRYAN TOWER, P. O. BOX 225644 DALLAS,TEXAS 75265, PHONE (214) 746 -7111 VICE PRESIDENT (214) 746-7244 August 8, 1980 The City of Coppell c/o Jim Elium, City Manager City of Coppell P. O. Box 478 Coppell, Texas 75019 If the City of Coppell should through lawful procedures: 1. Prior to August 26, 1980, change the zoning of the property described on Exhibit "A" from the current zoning to the zoning shown on Exhibit "C"; and 2. Prior to August 26, 1980, approve the preliminary plat of the property described in Exhibit "A" that conforms to the zoning as changed pursuant to 1 above; and 3. Prior to August 26, 1980, approve a consent ordinance that would allow the owner of the property to create a Municipal Utility District with water, sewer, and drainage rights over the property de- scribed in Exhibit "A" that would qualify as an "Alter Ego" of the City of Coppell in accordance with the rules of the Texas Water Commission, only if authorized by law and provided it is not prohi- bited in cities agreement with existing Munidipal Utility District and that the proposal contains same basic covenants as is included in existing Municipal Utility District; and 4. Prior to October 15, 1980, approve the Final Plat of Phase I (consisting of approximately 40 lots) of the development of the property described in Exhibit "A"; and 5. Continue the effectiveness of the Preliminary Plat and ensure that all rights regarding plats will accrue to any subsequent owners of the property; and 6. Prior to December 15, 1980, approve the Final Plat of Phase II, consisting of approximately 200 lots; and 7. Aid in the acquisition of off-site drainage necessary to develop the property, but at the expense of the owner of the property. Then, L&N shall, following the completion of 1-7 above, use their best efforts and enforce contractual rights to arrange for the dismissal L&N Management, Inc.+ is the investment advisor to Lomas & NeRleton Mortgage Investo~, a MassechuseRs business trust All ~rsons dealin9 with Lomas & Neffleton Modgage Investors must look solely to the Trust properly for the enforcement of any claims against the Trust as neither the Tru~ees, officers, agents or shareholders assume any personal liability for obligations entered on behalf of the Trust All commitments of Lomas & Nettleton Modgage Investors must be in writing and approv~ by the Trustees. Page Two August 8, 1980 with prejudice by the Plaintiffs of the litigation styled'Fox & Jacobs Incorporated, George S. Hiland, Trustee, and Hank Dickerson & Company vs. City of Coppell, et al. Wayne Ferguson Executive Vice President, L&N Land Corp. WF/mc L & N Managemenl. lnc. Wa¥]ae Fe~ueon 20m BRYAN ~'OWER, P. O. BOX 225644 DALLAS, TEXAS 75265, PHONE (214) 746-7111 VICE pR ESlDEN~' (2t4) 7~-7244 August 8, 1980 The City of Coppell c/o Jim Elium, City Manager City of Coppell P. O. Box 478 Coppell, Texas 75019 If through lawful procedures the City of Coppell should approve the current L&N zoning request, L&N will submit a request to reduce the multi-family zoning and increase the area of local commercial zoning. Further, L&N will in the townhouse zoned area build only two (2) attached units in a contiguous row (a duplex type configuration), Executive Vice President, L&N Land Corp. WF/mc L&N Management, Inc., is the investment advisor to Lomas & Nettleton Mortgage Investors, a Massachusetts business trust. All persons dealing with Lomas & Nettleton Mortgage Investors must look solely to the Trust property for the enforcement of any claims against the Trust es neither the Trustees, officers, agents or shareholders assume any personal liabiltty for obligations entered on behalf of the Trust. All commitments of Lomas & Nettleton Mortgage Investors must be in writing and approved by the Trustees, PETITION FOR CONSENT TO CREATION OF COPPELL MUNICIPAL UTILITY DISTRICT NO. 2 THE STATE OF TEXAS ~ COUNTY OF DALLAS ~ TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF COPPELL: The undersigned, appearing through duly authorized agents and representatives, and acting pursuant to the provisions of Chapter 54, Texas Water Code, as amended, respectfully petition this Honorable Council for its consent to the creation of a'Municipal Utility District, and for cause would respectfully show the following: I. The name of the proposed District shall be Coppell Municipal Utility District No. 2. Said District shall be organized under the terms and' provisions of Article XVI Section 59 of the Constitution of Texas, and Chapter 54, Texas Water Code, together with all amendments and additions thereto. III. Said. District shall contain an area of approximately 265 acres of land, situated within Dallas County, Texas, described by metes and bounds in Exhibit "A", which is annexed hereto and incorporated herein. All of the land within the proposed District lies within the corporate boundaries of the City of Coppell, and no part of said District lies within the extraterritorial jurisdiction or corporate limits of any other city, town, or village. IV. The undersigned constitute a majority in value of the holders of title to the. lands in the proposed District, as shown by the county tax rolls and conveyances of record since the date of preparation of said county tax rolls. V. Said District shall be organized for the following purposes: (1) The control, storing, preservation and distribution of its waters and flood waters, the waters of its riuers and streams, for all useful purposes, in cludi~g municipal, domestic, industrial and communal uses; (2) The control, abatement and. change of any shortage or harmful excess of waters, and the protection, preservation and restoration of the purity and sanitary condition of water within the District; and (3) The collection, transportation, process- ing, disposal and control of all domestic, industrial or communal wastes, whether of fluids, solids or composites. The aforementioned purposes are to be accomplished by any and all mechanical and chemical means and processes inci- dent, necessary or helpful to such purposes~ to the end that public health and welfare may be conserved and promoted and the purity and sanitary condition of the State's waters protected, effected and restored. VI. The general nature of the work to be done by and within the District at the present time is the construction, maintenance and operation of a waterworks system for domestic, industrial and commercial purposes, and the construction, .. -2- maintenance and operation of a sanitary sewer collection system and sewage disposal plant, and the control, abatement and amendment of the harmful excess of waters and the reclamation and drainage of overflowed lands within the District and such other construction, installation, mainten- ance, purchase and operation of such additional facilities, systems, plants and enterprises as shall be consonant with the purposes for which the District is organized. VII. There is a necessity for the improvements above de- scribed because the District is located within an area which will experience a substantial and sustained residential and commercial growth within the immediate future, is urban in nature and is not supplied with adequate water, sanitary sewer and drainage facilities and services. The health and welfare of the future inhabitants of the District and of the inhabitants of the a~ea adjacent thereto require the acqui- sition and installation of an adequate waterworks system and storm and sanitary sewer collection and disposal system. The purchase, construction, extension, improvement, maintenance and operation of such waterworks system and storm'and sanitary sewer collection and disposal system will conserve and preserve the natural resources of this State by promoting and protecting the purity and sanitary condition of the State's waters and will promote and protect the public health and welfare of the community; therefore, a public necessity exists for the organization of said District. VIII. Said proposed improvements are practicable and feasible, in that the terrain of the territory to be included in the proposed District is of such a nature that a waterworks system and sanitary and storm sewer systems can be con- structed at a reasonable cost; and said territory will be -3- rapidly developed as a residential section and will continue so to develop until the majority of the-territory located therein is used for home purposes. IX. The undersigned, in requesting that the City Council grant its consent as above stated, is willing to accept such consent based upon the terms and conditions hereinafter set out, and in consideration of the City granting its consent for the creation of a District, the undersigned do expressly agree to comply with said conditions. 2~T~2 $ T. By: FRACT 1 ~eing a tract of land situated in the James ~arrish Survey,- AJDstract ~o. 1139 and the S.A. & ;-).G.R.R. Survey, Abstract ):o. 1442, Dallas County, Te:.:as, and being part of a 142 acre tract and part of ~ 61 acre tract as conveyed to Helen L. Johnson by deed as recorded tn Volume 2041, at Page 492 of the Deed Records of Dallas..County, Dallas, Tea:as and being all of a 15~62 acre tract as conveyed to H. W. {lain by deed as recorded in Volume 72232, Page 0859 of the Deed qe~rds of Dallas County, Texas and being part of a 60 acre tract as zc eyed to G. N. Cole by Laury B. Allen and being more particularly fie' ribed as follows: ~EGINNING at a point on the South line of Sandy Lake Road, said point Doing on the West line of the Helen L. Johnson 1~2 acre tract, an iron stake for corner; ~HENCE North 89 oe~rees, 20 minutes 30 seconds, East, along the South line of Sandy Lake Road, ~. distance of 453.55 feet to the North,,est romar of a 17.356 acre tract as conveyed to Horace D..Ains~orth by Seed as recorded in Volume 71216, at Page 0917 of the Deed Records of Dallas County, Dallas, Texas, an iron Stake for corner; tHENCE South 00 degrees, 47 minutes, '50' seconds East, leaving Sand). Lek{ Road and proceeding along Ains~orth tract a distance of 1554.46 feet to an iron stake· for c~rner; ~HENCE North 89 degrees, 10 'minutes East,. continuing along Ainsworth tract a distance of 486.31 feet to an iron stake for corner; ?HENCE North 00 degrees, ~7 minutes, 57 seconds %.~e~t, continuin~ along ~.!..swor~h tract a distance of 1552.98 feet to a ~oznt on ~he said 5c'"h line of Sandy Lake Road, s=~o point being the Northeast corner oZ kins~orth tract, an iron stake for corner; THENCE North 89 degrees, 28 minutes East, along Sandy Lake Road, a dis.tahoe of 3104.9~ feet to the beginning of a cur';e to the right havin~: a central angle of 6 degrees, 56 minutes, 03 seconfs, and a radius of 1034.00 feet, an iron stake for corner; THENCE Easterly continuing along Sandy Lake R~ad and around said curve, a distance of 125.14 feet to an iron stake for corner; THE~E leaving said Sandy Lake Road, and proceeding along-the property line of a 0.758 acre tract as conveyed to Coppe~l ].~unicipal Utility D~strict No. 1, as recorded in Volume 75222, Page i202 of the Deed Reco: of Dallas County, Texas, the following: South 00 degrees, 12 minutes, 46 seconds %~est,- 305.!3 feet, an iron stake for corner; North 89 degrees, 47 minutes, 14 seconds West, !10.00 fee%, an iron stake for corner; South 00 degrees, 12 minutes, 46 seconds West, 140.~0 feet, ~ an iron stake for corner; i South 89 degrees, 47 minutes, 14 seconds East, 150.00 feet to a point on the East line of the said 5.A. Survey, an iron stake for corner; iEE~CE South 00 degrees, 12 minutes, 46 seconds l'~st, along said 61 acre tract, a distance of 2507.05 feet to the Southeast corner cf said 51 acre tract, an iron stake for corner; THK]{C5 South 89'degrees, 18 minutes, 26 seconds I~est, along tko ~a~d 6! acre tract South line a distance of 945.11 feet tc an iron stake for ccrnar; EXHIBIT A - Page 1 of 3 THENCE North 00 degrees, 41 minutes, 13 seconds %~est, leaging, said South line of 61 acre tract, a distance of 210.00 feet to an iron stake for corner.; THENCE South 89 degrees, lB minutes,' 26 seconds West, a distance of 520.00 feet to an iron stake for corner; THENCE South 00 degrees, 41 minutes, 13 seconds East, a distance of 210.00 feet to a point on the South line of said 142 acre tract, an iron stake for corner; THENCE South 89 degrees, 18 minutes, 26 seconfs West, along the South line of said 142 acre tract, a distance of 17,0.00 feet to an .iron stake for corner; THENCE North 00 degrees, 17 minutes, 12 seconds %~est, along the west line of said 142 acrs. tract, a distance of 877.80 feet, to an stake for corner; THENCE South 89 deorees, 33 m~nutes, 57 seconds %~est, along the South line of said 142 acre tract, a distance of 946.~°.~ feet to the Southwest corder of said 142 acre t~ac.t, an iron stake for corner; THENCE North 00 degrees, 36 minutes, 42 seconds ~est, along the ¥~est of.said 142 acre tract, a distance of 2085.51 feet to the PLACE OF BEGINNING and containing 245.394 acre tract of land. EXHIBIT A - Page 2 of 3 TRACT 2 Being a part of the JAMES PARRISH SURVEY, ABSTRACT NO. 1139, and being part or all of a tract as conveyed to Horace D. Ainsworth, Jr., Trustee, by deed recorded in Volume 71216, Page 0917, of the Deed Records of Dallas County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a point on the present South line of Sandy Lake Road, a 60 foot right-of-way, said point being on the West line of the Helen L. Johnson 142 acre tract as described in deed recorded in Volume 2041, Page 492 of the Deed Records of Dallas County, Texas, an iron rod found for corner; THENCE N 89° 20' 30" E 453.55 feet along the said present South line of Sandy Lake Road to the Northwest corner of the 17.356 acre tract conveyed to Horace D. Ainsworth, Jr., Trustee, by deed recorded in Volume 71216, Page 0917, of the Deed of Trust Records of said County, to the Point of Beginning an iron rod set for corner; THENCE S 0° 47' 50" E 1554.46 feet leaving Sandy Lake Road and pro- ceeding along the West line of said Ainsworth tract to an iron rod set for corner; THENCE N 89~ 10' E 486.31 feet along the South line of the said Ainsworth tract t6 an iron rod found for corner at a fence corner post; THENCE N 0° 47' 57" W 1552.98 feet along the East line of said Ainsw6rth tract and along an existing fence line to an iron rod found for corner in the said present South line of Sandy Lake Road; THENCE S 89~ 28' W along the said present South line of Sandy Lake Road to the Point of Beginning. EXHIBIT A - Page 3 of 3 TO ORDINANCE NO. The City of Coppelt, Texas, consents to the inclusion of land within the'corporate limits in Coppell Municipal Utility District No. 2 and consents to the creation of said District subject to compliance with the following terms and conditions: 1. The District shall submit all plans and specifications for the construction of public facilities by the District to the City for its review and approval, and the District must obtain the written approval thereof by the City prior to the submission of the approval of any bond application to the Texas Water Commission. (Such approval shall appear as a notation on the plans and specifications). The construction of said approved improvements must be in accordance with the approved plans and specifications and applicable standards of the City, and no change orders therein shall be effective without the prior written approval of the City. During construction, designated representatives of the City may make periodic on-the-ground inspections. Upon completion of the construction of improvements, the City shall be furnished "as-built" plans of all improvements. The City shall be reimbursed for all costs reasonably incurred in reqiewing and approving of the Districts plans and specifications and in the making of the periodic inspections. 2. The District must obtain appropriate easements, sites and right-of-way for facilities to be constructed, and said easements, sites and right-of-way shall be in accordance with standard City requirements therefor; and construction therein must be in accordance with the appropriate City rules, regulations and standards. 3. Bonds may be issued only after written approval of the projects to be constructed with said bond proceeds has been officially granted by the City. Bonds shall be sold only after the taking of public bids therefor and bids therefor pursuant to public notice duly given as provided in Section 54.5121, Texas Water Code. Professional fees paid by the District shall be consistent with fees approved for payment by Municipal Utility Districts by the Texas Water Commission, or its successor. 4. The proposed Temporary Board of Directors of the District shall be submitted to and approved by the City Council prior to their submission for the consideration of the Texas Water Commission, or its successor.