OR 89-444 Collection, ABQ Development & owners of affected property AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE No. 89444
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, PROVIDING FOR THE
COLLECTION OF A PRO RATA COST FROM AN AFFECTED PROPERTY PURSUANT
TO THE AGREEMENT SET FORTH IN THIS ORDINANCE BETWEEN ABQ DEVELOPMENT
CORPORATION AND THE OWNERS OF THE AFFECTED PROPERTY; PROVIDING THAT
THE AMOUNT COLLECTED SHALL BE AN AMOUNT OF MONEY EQUAL TO THE
REIMBURSEMENT DUE ABQ FOR CONSTRUCTION OF THAT PORTION OF PROPOSED
HEARTZ ROAD WHICH WILL BE ADJACENT TO THE PROPERTIES OWNED BY ABQ
DEVELOPMENT CORPORATION AND THE OWNERS OF THE AFFECTED PROPERTY;
DESCRIBING THE AFFECTED PROPERTY; PROVIDING FOR REIMBURSEMENT AS SUCH
PRO RATA PAYMENTS ARE COLLECTED; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, ABQ Development Corporation (hereinafter referred to as "ABQ"), a
New Mexico corporation with its headquarters located in Albuquerque, New Mexico, and
Joan Sokora Blake and husband, TomMY J. Blake, Mary Beth Shields and husband J. W.
Shields, Tim Sokora and wife Kay Sokora, and Jacquie Stubblefield, a widow (hereinafter
referred to as "Owners"), and the City of Coppell, Texas, have entered into an agreement
evidenced by the approval and adoption of this ordinance concerning the construction
of proposed Heartz Road between property owned by others
on the west and property
owned by Owners on the east and extending north of Sandy Lake Road a distance of
approximately 620.89 feet; and
WHEREAS, ABQ and Owners have dedicated sufficient right-of-way, slope
easement, and temporary construction easements for the purpose of constructing said
proposed Heartz Road, as shown on Exhibit "A" attached hereto; and
WHEREAS, ABQ has agreed to construct at its sole cost and expense said roadway
over the dedicated right-of-way in accordance with plans and specifications approved
by the City; and
WHEREAS, upon completion of such roadway in accordance with said plans, the
City of Coppell shall accept such improvements as a dedicated street; and
WHEREAS, the City of Coppell has agreed, in lieu of assessment against Owners'
property to adopt this pro rata ordinance establishing by agreement with Owners a pro
rata charge to be collected at the time Owners' property is finally platted for
development and to reimburse ABQ, to the extent authorized by this ordinance, in return
for its present construction of the full width of the roadway; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF COPPELL, TEXAS:
SECTION 1.
Upon final completion, dedication, and acceptance by the City of the improvements
to be constructed by ABQ pursuant to this ordinance and the agreements between the
parties expressed herein, the actual cost thereof shall be determined and a pro rata
reimbursement shall be calculated. Thereafter, the City shall charge and collect from
each developer of the affected property of Owners at the time the final plat of the
affected property (or any part thereof) is approved by the City of Coppell, an amount
of money equal to such developer's pro rata share (based on the area of the affected
property so platted by the developer).
SECTION 2.
City shall deposit all such funds so collected by it in an account designated as
the "Perkins/ABQ Account," and each three (3) months shall pay to said ABQ the
accumulated funds so collected, less an administrative fee of .1%, and shall continue to
do so until the City shah have collected and paid to ABQ as reimbursement the total
actual cost of construction due ABQ pursuant to the terms of this ordinance less said
administrative charge; provided, however, the City of Coppell shall not be obligated to
reimburse ABQ any pro rata charges collected pursuant to this ordinance after fifteen
(15) years from the effective date of this ordinance.
SECTION 3.
This ordinance shall take effect immediately from and after its adoption, as the
law in such cases provides.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
25th day of July , 1989.
APPROVED:
MARK WOLFE, MAYOR
ATTEST:
DOROTHY TIMMONS
CITY SECRETARY
AGREED TO AND APPROVED:
/ Stan Strickman
Senior Vice President
AGREED TO AND APPROVED:
~Joan Sokora Blake ,-
APPROVED AS TO FORM:
City Attorney .
CO89-0620
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