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ST8804-CS 901002 Mr. Alan D. Ratliff - Page _ In our meeting of April 27, 1990 we discussed the possibility of using the electric distribution line poles which are to be constructed along Heartz Rd. for the additional purpose of suspending street lighting, in lieu of building separate street lights. The City staff subsequently looked into this along with Texas Utilities, and I have enclosed a letter from Texas Utilities indicating acceptance of this concept by the Texas Utilities and the City staff, subject to final determination of the number of lights needed. The drainage facilities being constructed in Park Place and in Heartz Road deliver storm drainage into a recorded drainage easement which is for the benefit of ABQDC, the Parks of Coppell Joint Venture and their successors and assigns (the "Mutual Drainage Easement"), a copy of which was delivered to the City with the Park Place plat application, and again on April 27, 1990. The Mutual Drainage Easement is located generally along the east side of Heartz Rd. and to the north of the Park Place Addition. The storm water drainage from Park Place and Heartz Rd. is planned to be discharged into the already existing interim earthen channel which is in the Mutual Drainage Easement, and which ultimately flows into public drainage ways which terminate into Denton Creek. My agreement to take over the construction of Heartz Rd. is conditioned upon the approval by the City of the matters listed herein. To facilitate the development of the Park Place Addition and the construction of Heartz Rd., the purpose of this letter is to document the City's approval, and to the extent necessary the CMUD's approval, of these matters. We hereby request the City's written confirmation of the following: 1. That the preliminary plat for Park Place and the final plat for Heartz Rd., ; both previously approved by the City, are still valid and in full force and effect and A ~ shall be until 12/31/90, notwithstanding any change in the ownership of the land .... comprising the Heartz Rd. right-of-way. Prior to recording the Heartz Rd. plat, we '~/ will obtain any necessary signatures from ABQFSB, the new owner. 2. That the Park Place Addition is exempted from any assessment by the City for Lake Rd., provided ~" '~ the improvement costs associated with the future widening Sandy · that the final plat for the Park Place Addition includes the dedication of a 25' wide ! ~ strip of land for the widening of Sandy Lake Rd. 2.~ Conceptual approval of the above described system for providing sewer and drainage services to the Park Place Addition. We understand that the City must complete its review and approval the final engineering documents for such '~ facilities, which were submitted to the City on August 22, 1990. · 3. Approval by the City and the CMUD of the Dowdey Heartz Plans; and ~g' agreement that the construction of the public facilities reflected thereon shall be ,.' .~ subject only to the inspection by the City; and that the only governmental fees '~ payable in connection with Heartz construction shall be the normal City inspection fee and street light prepayment. 4; Agreement by the City that the Park Place Addition will not be required to pay the recently approved water and sewer impact fees, provided the Heartz Rd. ~ construction reflected by the Dowdey Heartz Plans is completed on or before issuance ~:~\ of any building permits in Park Place. UNIVEST DEVELOPMENT COMPANY 12770 COlT ROAD · SUITE 1215 · DALLAS, TEXAS 75251 Telephone 214-233-5771 / Fax 214-233-5881 September 20, 1990 Mr. Alan Ratliff, City Manager ~- ~-~ cio Mr. Steve Goram, Director of Public Works ,--- City of Coppell P.O. Box 478 Coppell, Texas 75019 Re: Construction of Road and Utility Improvements Park Place Addition and Heartz Road Dear Mr. Ratliff: Subsequent to our meeting on August 27th on the referenced topics, I have provided additional information to the city regarding the utilities constructed in Heartz Road and have had numerous discussions with city staff on the topics covered in that meeting. The purpose of this letter is to amend my letters to you of August 27,1990 and August 31, 1990 by (1.) withdrawing the stated condition in the August 27th letter that the Park Place Addition not be required to pay the newly approved City of Coppell Utility Impact Fees, and (2.) requesting instead a limited reimbursement of portions of the Heartz Road Utility costs through the existing city ordinances relating to the construction of oversized utilities and prorata refunds of utility extensions. IMPACT FEES My agreement to pay the Impact Fees on the Park Place Addition is based on city staff representations of city council positions and is offered in an attempt to be co-operative in the process associated with the growth of Coppell, although I still feel that the Park Place Addition/Heartz Road project is already making a substantial contribution to excess utility capacities to enable future city growth, irrespective of the payment of any such fees. My agreement to pay the Impact Fees is applicable if, and to the extent, that these fees are ultimately deemed applicable to the Park Place Addition. My understanding to the current city policy on Impact Fees that may apply to the Park Place Addition is as follows: A. Water Impact Fee - A water impact fee of $660.00 per lot or $58,080.00 is to be assessed to the Park Place Addition, and is payable prior to the recording of the final plat for the Park Place Addition. B. Sanitary Sewer Impact Fee - A sanitary sewer impact fee of potentially $422.00 per lot or $37,136.00 is to be assessed to the Park Place Addition, subject to a subsequent agreement to be reached between the City and the Coppell Municipal Utility District CCMUD") as to the applicability of the Impact Fees on land which is located in both the CMUD and the City (as is Park Place). It is my understanding that the sanitary sewer Impact Fee will be payable to the extent, and at the time, such potential agreement is reached between the City and CMUD, provided that such an agreement is reached prior to the issuance of building permits on all the lots in the Park Place Addition. I would appreciate a clarification as to exactly under what circumstances the liability for the sanitary sewer Impact Fee terminates in the event that no such agreement between the City and CMUD is ever reached. C. It is my understanding that the new water and sewer Impact Fees replace the old water and sewer utility availability fees which were formally a part of the Coppell subdivision ordinance, and that the availability fees will no longer be charged either to the developers or the builders of the Park Place Addition. I do still understand that the other standard development fees levied by the city on residential developments do apply and are payable prior to the recording of the plat for the Park Place Addition. I would appreciate being advised of the specific amounts of those various fees as soon as possible. OVERSIZE AND PRORATA UTILITY REIMBURSEMENTS Oversize: With respect to my request for a reimbursement from the City of the cost of oversized capacity utilities constructed in Heartz Road, I have been referred to Appendix B, Section 7 of the Subdivision Ordinance which provides that the City of Coppell will refund the increment of costs on water and sewer mains over 10 inches in diameter. Because both the water and sewer lines in Heartz Road are part of the City's master utility distribution system and certain portions of those utilities are in excess of 10 inches in diameter, this section should be applicable. On the enclosed attachment under Section 1, you will find a breakdown of the type and quantity of the water and sanitary sewer which qualifies for oversized reimbursement based on the typical line costs contained in the Subdivision Ordinance. The estimated oversized reimbursement which would be due from the City for the Heartz Road utilities would be $16,937.10. Since the subdivision ordinance does not contain any unit prices for the oversized valves required by oversized water lines or for 15" sewer lines, we have included estimated relative costs for those items based on information from recent utility bids. It is my understanding that the oversized reimbursement from the City is payable at the time the public utilities are accepted by the City. I'm assuming that there is no problem with availability of City funds for such reimbursement since the combined fees payable to the City from the Park Place Addition and the Heartz Road construction could be as much as $148,000.00. Please confirm that funds will be available for the oversize reimbursement. Prorata Reimbursement: With respect to prorata reimbursements for utility extensions constructed in Heartz Road which are offsite from the Park Place Addition, I would request that the City apply the principles of Appendix B, Section 6 of the Subdivision Ordinance in the manner described below due to the particular circumstances under which these utilities are being constructed, as follows: A. Water prorata - Because our company had to step into the construction of the Heartz project that was a result of a previous contractual agreement between the Parks of Coppell Trust and ABQ Federal Savings Bank, we are not able to collect refunds of utility costs from any of the land owned by those two companies, or their successors in title. Therefore, the only tract to which a water prorata applies is the Shields tract at the northeast corner of Heartz and Sandy Lake. The Shields tract fronts approximately 617 lineal feet along the east side of the 12 inch water line extension. On the enclosed attachment under Section 2 is a line item takeoff from the water facilities contract 'in Heartz, less the oversize reimbursement. Since the Shields tract is only on one side of the street, the prorata agreement would be for 1/2 of the cost of that 617 foot portion, or $9,758.97. B. Sanitary sewer prorata - The new sanitary sewer line construcled in Heartz Road is an expanded capacity line which enables the City to provide fully developed utility services 1o the entire service area of approximately 236 acres (as explained in the August 31st letter re: Extra Capacity Utilities). Significant portions of the 236 acre service area lie south of Sandy Lake Road, and are not adjacent to the actual location of the new line. However they contribute a significant portion of the sewerage capacity of the new line, and are therefore part of the reason an upsized line is needed. To equitably spread the cost of providing these increased sewer facilities, we request that the prorata reimbursement for a sanitary sewer line be based on a prorata of the acreage served. Therefore if at a subsequent time, either platting, building permits, or similar city approvals are requested on a property which is in this sewer service area and which is either 1.) a new user being connected to the public sewer system or 2.) an existing user whose request for governmental approval will increase its previous usage of sewerage capacity, we request that the cily would collect and refund to us a prorata amount which would be calculated to reflect that property's acreage prorata of the cost of installing the new sewer line in Heartz Road. On the attachment under Section 3 is a line item breakdown of the cost of the new sewer line, less the oversize reimbursement, which is a total of $122,352.00 or $518.44 per acre in the service area. As with the water prorata, the land owned by the Parks of Coppell Trust and ABQ would be exempted from any type of prorata reimbursement. Other portions of the land in the service area,( i.e. the Braewood Addition) are already fully developed. We have been advised there are approximately 36 acres in the service area that either have not yet been platted, or are not yet fully developed. It is these properties which should help pay for the increased sewer capacity. I would appreciate your prompt consideration of these amendments to the August 27th letter. I know a considerable amount of time and research has gone into the various issues covered in that letter. I am hopeful that the city can give me a quick response at this time. We are ready upon receipt of the confirmations requested by the August 27th letter as amended, and the approval of the construction plans on the Park Place Addition, to acquire lhe land and begin both Park Place and the Heartz Road construction. Yours very truly, Univest Development Company Michael R. Allen, President Enclosures cc: Mark Wolfe Gary Sieb Larry Jackson Richard Dooley utilites amendlarlg.19.90 -3- EXCESS AND PRO RATA UTILITY REIMBURSEMENT CALCULATIONS I OVERSIZE REIMBURSEMENT PER SUBDIVISION ORDINANCE Appendix B, Section 7 PER SUBDIVISION ORDINANCE ** ITEM COST/LF COST/LF COST/LF INCREMENTAL UNIT OVERSIZE 1 5" 1 2" 1 0" DIFFEI~NCE QUANTITY REIMBURSEI~_NT LF 12" DR 18 Water Mains $14.00 $12.00 $2.00 2,889 $5,778.00 EA 12" Valves ** $800.00 $550.00 $250.00 5 $1,250.00 SANITARY SEWER LF 15" PVC Sewer Mains ** $19.85 $14.00 $5.85 926 $5,417.10 LF 12" PVC Sewer Mains $16.00 $14.00 $2.00 2,246 $4,492.00 TOTAL OVERSIZE REIMBURSEMENT $16,937.10 ** Relative unit price per utility bids - not covered in Subdivision Ordinance 2 WATER PRO RATA REFUND - TOTAL COST OF HEARTZ WATER - LESS OVERSIZE REIMBURSEMENT Appendix B, Section 6 ITEM QUANTITY PRICE TOTAL WATER YOUNG BID BID BID BID LF 12" DR 18 Water Mains 2,889.00 $17.50 $50,557.50 LF 8" DR 14 Water Mains 610.00 $11.30 $6,893.00 EA 12" Valves 5.00 $800.00 $4,000.00 EA 8" Valves 16.00 $460.00 $7,360.00 EA 6" Valves 8.00 $360.00 $2,880.00 EA Fire Hydrants 8.00 $825.00 $6,600.00 TN Fittings 3.60 $2,300.00 $8,280.00 EA Connect to Existing 1.00 $500.00 $500.00 EA 12" Tapping Sleeve and valve 1.00 $2,800.00 $2,800.00 LF Bore Parkway Blvd 81.00 $87.00 $7,047.00 LS Trench safety 1.00 $1,000.00 $1,000.00 LS System test 1.00 $500.00 $500.00 SUBTOTAL $98,417.50 LESS WATER OVERSIZE REIMBURSEMENT ($7,028.00) UNREIIVl3URSED COST $91,389.50 PER LINEAL FOOT UNREIMBURSED COST 2,889 fe et $31.63 SHIELDS TRACT PRO RATA 61 7 feet 50% share $9,758.97 HTZ.OVERSIZE.3/prkpl- 9/20/90 - PAGE 1 EXCESS AND PRO RATA UTILITY REIMBURSEMENT CALCULATIONS 3 SEWER PRO RATA REFUND - TOTAL COST OF HEARTZ SEWER - LESS OVERSIZE REIMBURSEMENT Appendix B, Section 6 ITEM QUANTITY PRICE TOTAL SANITARY SEWER Y~ BID BID BID BID LF 15" PVC Sewer Mains/All depths 926.00 $24.15 $22,362.90 LF 12" PVC Sewer Mains/All depths 2,246.00 $20.30 $45,593.80 LF 8" PVC Sewer Mains/All depths 1,276.00 $17.60 $22,457.60 EA 4' Dia. Manholes 0'-6' 15.00 $900.00 $13,500.00 VF Extend depth for manholes 96.00 $85.00 $8,160.00 LF Concrete Encasement 46.00 $15.00 $690.00 LF Boring Parkway Blvd 12" D.I. 87.00 $142.00 $12,354.00 LS System Test 1.00 $750.00 $750.00 LF T. V~ Sewer 4,448.00 $1.10 $4,892.80 LS Trench Safety 1.00 $1,500.00 $1,500.00 Miscellaneous SUBTOTAL $132,261.10 LESS SEWER OVERSIZE REIMBURSEMENT ($9,909.10) UN REIIVE~URSED COST $122,352~ 00 PRO RATA PER ACRE IN SERVICE AREA 236 acres $518.44 HTZ.OVERSIZE.3/prkpl - 9/20/90 - PAGE 2