OR 89-429 Collection of cost pursuant to the agreement - CISD & ABQ Development Corporation AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 89429
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, PROVIDING FOR THE
COLLECTION OF PRO-RATA COSTS FROM AN AFFECTED PROPERTY PURSUANT
TO AN AGREEMENT BETWEEN COPPELL INDEPENDENT SCHOOL DISTRICT AND ABQ
DEVELOPMENT CORPORATION; PROVIDING THAT THE AMOUNT COLLECTED SHALL
BE AN AMOUNT OF MONEY EQUAL TO THE REIMBURSEMENT DUE COPPELL
INDEPENDENT SCHOOL DISTRICT FOR CONSTRUCTION OF STREETS, UTILITIES OR
DRAINAGE STRUCTURES ADJACENT TO THE AFFECTED PROPERTY OWNED BY ABQ;
DESCRIBING THE AFFECTED PROPERTY; PROVIDIN 3 FOR REIMBURSEMENT .-kS SUCH
PRO-RATA PAYMENTS ARE COLLECTED; AND PROVIDING AN EFFECTIVE DATE.
WREREAS, the COPPELL INDEPENDENT SCHOOL DISTRICT ("CISD") AND ABQ
DEVELOPMENT CORPORATION ("ABQ") have entered into an agreement ("the
agreement"), a copy of which is attached hereto as Exhibit "t" and made a part hereof
for all purposes; and
WHEREAS, pursuant to said agreement, ABQ has by final plat approval dedicated
to the publie's use and benefit a right-of-way across the property of ABQ for a proposed
road ("the Access Road") and the utilities require~ therewith from the eastern boundary
of CISD to proposed Parkway Boulevard and from proposed Parkway Boulevard to Denton
Tap Road; and
WHEREAS, pursuant to the agreement, CISD is to cause the roadway and utility
improvements to be constructed and to pay the cost of those improvements listed on
Exhibit "B" of the agreement; and
WREREAS, pursuant to the agreement, ABQ has agreed to place restrictive
covenants on those parts of its property described as the "Affected Property" in said
agreement and shown on Exhibit "C" attached to said agreement. Such restrictive
covenants to cause the developer of the Affected Property to reimburse CISD, at the
time the final plat of the Affected Property (or any part thereof) is approved by the
City of Coppell. The reimbursement to be the amount of money equal to such developer's
pro-rata share (based on the area of the Affected Property so platted by the developer
and in accordance with the percent of costs as set out in paragraph 3 of the agreemeNt;
and
WHEREAS, CISD and ABQ have requested the City of CoppeIL to adopt an
ordinance by which the City of Coppell would be empowered to collect, as a condition
of final plat approval of an "Affected Property" the amount of money equal to the
reimbursement due CISD under the agreement for CISD's construction of the streets,
utilities, or drainage structures adjacent to the Affected Property; and
WHEREAS, the City Council of the City of Coppell is of the opinion that such a
pro-rata ordinance should be adopted; 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 Coppell of the
improvements to be constructed by CISD pursuant to the agreement, the actual cost
thereof shall be determined and the pro-rate reimbursement shall be calculated in
accordance with the percentages set out in paragraph 9 of the agreement. Thereafter,
the City shall charge and collect from each developer of the Affected Property 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 and in accordance
with the percent of costs as set out in paragraph 3 of the agreement.
SECTION 2.
City shall deposit all funds so collected by it in an account designated as the
"CISD/ABQ Account," and each Quarter ( three ) months shall pay to said
CISD the accumulated funds so collected, less an administration fee of __.1._%, and
shall continue to do so until the City shall have collected ano paid to CISD as
reimbursement the total actual cost of construction due CISD pursuant to the terms of
the agreement less said administrative charge.
SECTION 3.
This ordinance shall take effect immediately from and after its adoption, as the
law in such cases provides.
DULY PASSED bythe City Council of the City of Coppell, Texas, this the
14th day of February, 1989.
APPROVED:
LOU DUGGAN, MAYOR
ATTEST:
DOROTHY TIMMONS, CITY SECRETARY
APPROVED AS TO FORM:
CO89-0206