OR 118 Establishes a "Pro Rata" charge against each owner whose sewer line is connected with Telephone Co. Line AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 118
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING
A CHARGE TO BE KNOWN AS A "PRO RATA" CHARGE WHICH SHALL BE MADE
AGAINST EACH TRACT OF LAND AND THE OWNER THEREOF WHOSE SEWER LINE
SHALL BE CONNECTED WITH "TELEPHONE COMPANY LINE"; SETTING A RATE
OF SAID CHARGE AT FIVE HUNDRED FORTY-EIGHT DOLLARS ($548.00) PER
ACRE OF LAND TO BE SERVED BY SUCH CONNECTION; 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 GENERAL TELEPHONE COMPANY OF THE SOUTHWEST
OUT OF SAID PRO RATA CHARGES COLLECTED; PROVIDING A SEVERABILITY
CLAUSE AND DECLARING AN EMERGENCY.
WHEREAS, the City of Coppell,
with General Telephone Company of
Texas, did on the ~__'~day of
]973, enter into an Agreement
The Southwest, concerning the
construction of a sewer line to connect General Telephone Company
Exchange Building,located on Sandy Lake Road within the City, with
the City Sanitary Disposal System, a copy of said Agreement being
attached hereto as Exhibit "A"; and,
~tEREAS, under the terms of said Agreement, General Telephone
Company of The Southwest will participate in the construction cost
of said sewer line to the extent of $66,128.]3, said amount to be
adjusted upon completion of the sewer line so that General Telephone
Company's eventual participation will be seventy-five per cent (75%)
of the total project cost, after deducting the sum of $3,741.37 from
said total project cost; and,
WHEREAS, under the terms of said Agreement, the City of Coppell
has agreed to collect a pro rata charge against every tract of land
and the owner thereof whose sewer line should thereafter be con-
nected with said Telephone Company Sewer Line, and to pay as re-
imbursement to General Telephone Company of The Southwest, seventy-
five per cent (75%) of any such pro rata received by the City
in connection with said sewer line over a period of f~fteen (15)
years, following the acceptance of said sewer line by the City of
Coppell.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION ]. "PRO RATA CHARGE"
Hereafter, the Tax Assessor and Collector of the Ctty of
Coppell, Texas, shall charge and collect from each person, firm
or corporation desiring to connect with the sewer line hereinabove
described, and more particularly described and shown on the plat
attached hereto as Exhibit "A," a charge which shall be known as
a "pro rata charge" which shall be made against each tract of ]and
and the owner thereof whose property shall be connected to and
served through said "Telephone Company Sewer Line," and said
charge shall be at the rate of $548.00 per acre served. Provided,
however, in connection with such connections the City shall retain
the r~ght to exempt acreage not to exceed a total of 20 acres from
the payment of such pro rata charge in return for the granting of
easements. The City Treasurer shall open a special Bank Account
to be designated as Telephone Company Sewer Line Account. The Tax
Assessor and Collector shall deposit jn said Account all pro rata
funds collected in regard to the said sewer line, and the City shall
annually pay to General Telephone Company of The Southwest, seventy-
five per cent (75%) of any such pro rata received by the City for a
fifteen (15) year period, commencing on the date of acceptance of the
sewer line by the City of Coppell. Provided, however, the amount
refunded to General Telephone Company shall not exceed a sum equal-
ing to the total amount of its contribution, less $10,000.00
SECTION 2. The Tax Assessor and Collector shall keep accurate
records of all sewer taps and connections made to said "Telephone
Company Sewer Line," and oF the fees collected for the same; and
General Telephone Company of The Southwest shall have the right to
inspect such records at reasonable times.
SECTION 3. Each person, firm or corporation desiring to
connect with the said "Telephone Company Sewer 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 des-
ignate to accept such application, on forms to be provided by the
City. Approval said application shall not be made and no person,
firm or corporation shall connect to said "Telephone Company Sewer
Line" until the above-mentioned "pro rata" charge has been paid to
the City, or arrangement has been made with the City to pay said
charge under terms satisfactory to the City.
SECTION 4. If any Article, paragraph, subdivision, clause,
phrase or other provision of this ordinance shall be adjudged
invalid or unconstitutional, the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof,
other than the part so declared to be invalid or unconstitutional.
SECTION 5. The fact that the City of Coppell is in need of an
ordinance establishing the "pro rata"charges to be made in connection
with "Telephone Company Sewer Line," inorder to fulfill its obliga-
tions under the Agreement which is attached hereto, 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,
MAYOR
ATTEST:
~"'~Z~ "~,' .... ~"f'
APPR2~ED AS TO FORM:
" L u.--' ' '
CITY ATTORNEY
SEWER LINE AGREEMENT
STATE OF TEXAS ~
COUNTY OF DALLAS ~
This AGREEMENT, made and executed by and between the
CITY OF COPPELL, TEXAS, an incorporated City of The State of
Texas, hereinafter referred to as "City," and GENERAL TELEPHONE
COMPANY OF THE SOUTHWEST, hereinafter referred to as "Telephone
Company":
WITNESS:
WHEREAS, Telephone Company has constructed a Telephone
Exchange Building on Sandy Lake Road, within the corporate limits
of the City of Coppell, and it desires to connect said building
to the sanitary sewer disposal system of the City; and,
WttEREAS, The City of Coppell and Telephone Company desire
to enter into an Agreement wherein Telephone Company shall parti-
ciptate in the construction cost of said sewer line in return for
which City shall construct said sewer line and, by ordinance, make
a charge which shall be known as a "pro rata" charge against each
tract of land thereafter connecting to said sewer line out of which
Telephone Company shall be reimbursed rot a portion of its costs
expended, and,
WHEREAS, Telephone Company and City now desire to set forth
the manner in which the construction of said sewer line shall be
accomplished, and thereafter utilized and maintained, and the
manner in which reimbursement to Telephone Company shalI be pro-
vided:
NOW, THEREFORE, for and in consideration of the mutual cove-
nants and the conditions herein expressed, and other good and valu-
able consideration, the parties hereto mutually agree as follows:
1. The total project cost is estimated at NINETY-ONE THOUSAND
NINE HUNDRED TWELVE DOLLARS AND TWENTY CENTS ($9],912.20). Telephone
Company shall pay, as its participating portion of said estimated
cost, the sum of $66,128.13. The City will pay, as its estimated
participating cost of said sewer line, the sum of $22,784.07, and,
an additional sum of $3,000.00 shall be furnished pursuant to a
separate agreement between the City and Mr. Ben Pinnell to cover
the additional cost necessary to increase the size of the lift
station in order to serve his property. A summary of the breakdown
of said cost is as follows:
TELEPHONE COMPANY SEWER LINE COST ESTI~ATES
Construction
Engineering
Inspection
Right-of-way
Surveys
Advertising
Total Project Cost
73,093.80
10,005.00
2,500.00
5,000.00
1,244.00
69.40
$ 91,912.20
Ben Pinnell is to pay the $3,000.00 for the difference in size
of the lift station. The City will pay $741.37 of the engineer-
ing fee, which was included for engineering of right-of-way.
Therefore, total project cost to the City and Telephone Company
is reducted to:
88,170.83
The Telephone Company Share:
$ 88,170.83
.75
$ 66,128.13
66,128.13
The City Share:
88,170.83
.25
22,042.70
741.37
22,784.07
Ben Pinne].l Share:
$ 3,000.00
Engineering on right-of-way
$
22,042.70
741.37
22,784.07
3,000. O0
(2)
execution of this Agreement
the City for the payment of
pay during construction the
Telephone Company shall deliver at the time of the
the sum of $11,024.94, to be held by
said construction costs, and shall
additional sum of $55,103.19 as such
project payments shall become due under the Contract between the
City and the General Contractor. City agrees to make a provision
for the payment of the sum of $4,416.33, and to provide for the
payment of an additional $18,367.74 during the construction period,
such figures being more specifically set out as follow:
Due now by Telephone Company to City:
Engineering
Right-of-way
Surveys
Advertising
Due during construction by Telephone Company:
Engineering
Construction
Inspection
Total Telephone Company:
Due now by City:
Engineering
Right-of-way
Surveys
Advertising
Due during construction by City:
Engineering
Construction
Inspection
Total City:
6,289.89
3,750.00
933.00
52.05
$ 11,024.94
657.84
52 570.35
I 875.00
55 103.19
66,128.13
2,837.98
1,250.00
311.00
17.35
$ 4,416.33
$ 219.29
17,523.45
625.00
$ 18,367.74
$ 22,784.09
(3)
3. It is agreed by and between City and Telephone Company
that, upon completion of the project, the actual total cost thereof shall
be computed and from this figure shall be deducted the sum of $3,741.37
to arrive at an adjusted total project cost. That Telephone Company
shall adjust its contribution by paying to City such additional sum as is
necessary, so that Telephone Company will pay as its total participation
the sum of 75 per cent (75%) of this adjusted total project cost.
4. Pursuant to the covenants herein expressed, the City agrees to
construct said sewer line, which shall hereafter be known as, "Telephone
Company Sewer Line," the description of which is more particularly
described and located on the plat which is attached hereto as Exhibit "A",
provided, however, it is understood that the precise location of said
sewer line will be determined by Rady and Associates, City Engineers for
The City of Coppell, Texas.
5. It is understood and agreed that said line shall, upon completion,
become the property of the City of Coppell, Texas, and City agrees
thereafter to charge and collect from each person, firm or corporation
desiring to connect with said sewer line, a charge which shall be known
as a "pro rata" which shall be made against each tract of land and the
owner thereof whose sewer line shall thereafter be connected with uTelephone
Company Sewer Line" said charge to be at the rate of $548.00 per acre
for all property connecting to said line, except such acres as may be exempt
bSF agreement between the Owner and the City of Coppell in return for the
granting of easements. This acreage to be exempt shall not exceed a total
of twenty acres.
6. City agrees to deposit all funds so collected by it in a separate
account designated as the uTelephone Company Sewer Line Account", and
annually to pay to Telephone Company out of said account seventy-five per
cent (75~e) of any such pro rata received by the City in connection with said
(4)
sewer line over a ten (10) year period following the completion and acceptance
of the sewer line by the City of Coppell. The City agrees to extend the time
period during which pro-rata refund will be made to the Telephone Company
by five years should all applicable refunds not be made within the above
mentioned ten (10) year period. Provided, however, the amount refunded
to General Telephone Company shall not exceed a sum equaling to the total
amount of its contribution, less $10,000.00
7. City agrees to keep accurate records of all sewer taps or
connections made to "Telephone Company Sewer Line" and of all fees
collected for same, and Telephone Company shall have the right to inspect
such records at reasonable times.
8. Should any provision of this agreement be declared illegal by any
Court of competent jurisdiction, the remaining portions of said Agreement
shall not in anywise be affected and, as to all provisions which are not
so declared to be illegal, shall be binding upon the parties.
EXECUTED this ,~I~ y of ~t ~S7~' 19?3.
Attest:
GENERAL TELEPHONE COMPANY
OF - 1
Vice ~esident
Attest:
(5)
A~y~Se~tary-r~'~v
STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned, a Notary Public in and for
said County and State, on this day personally appeared HULEN
SCOTT, known to me to be the person and officer whose name is
subscribed to the foregoing instrument, and acknowledged to me
that the same was the act of the said CITY OF COPPELL, TEXAS,
a municipal corporation, and that he was authorized to execute
the same and did execute the same as the act of such municipal
corporation, and for the purposes and consideration therein
expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE h'sc29 "day of
of Dallas
Commission E~pires Jbne 1, 1975
STATE OF TEXAS
COUNTY OF TOM GREEN X
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared Ih0mas]. McCal]um:,=~;
Vice P~sident-Engineerln~&Cons~uct~0n known to me to be the person and
officer whose name is subscribed to the foregoing instrument, and
acknowledged to me that the same was the act of said GENERAL TELE-
PHONE COMPANY OF THE SOUTHWEST, a corporation, and that he was
authorized to execute said instrument, and did execute the same
as the act of such corporation for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~ 7 day of
N~ary Public in and for the County
of Tom Green i~i~
(6)
' WILLOW LANE
Z
LAKE ROA~
.- ..~cFT STA..
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