WA9401-ES 950410 ANNEXATION ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE No. 86-368
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ANNEXING THE
HEREAFTER DESCRIBED TERRITORY INTO THE CITY OF COPPELL, TEXAS, AND
EXTENDING THE BOUNDARY LIMITS OF THE CITY TO INCLUDE SAID PROPERTY
WITHIN THE CORPORATE LIMITS OF THE CITY AND GRANTING TO ALL INHABITANTS
AND OWNERS OF SAID PROPERTY, ALL RIGHTS AND PRIVILEGES OF OTHER CITIZENS
AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES, ACTS, RESOLUTIONS
AND REGULATIONS OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING THE EFFECTIVE DATE OF SAID ORDINANCE.
WHEREAS, the City Council of the City of Coppell, Texas, finds lhat the
hereinafter described territory is contiguous and adjacent to the corporate liraits of
"* the City of Coppell, and does not exceed one-half raile in width; and
WHEREAS, the Building Official of the City prepared a service plan for the area,
a copy of which is attached hereto as Exhibit "A"; and
WHEREAS. after notice was duly given, public hearings on the proposed annexation
were held by the City Council all in corapIiance with Article 970-A, Vernon's Annotated
Civil Statutes of the State of Texas; and
WHEREAS, the City Council has concluded that such area should be annexed into
and made a part of the City of CoppeII, Texas:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION I. That the following described territory be, and the same is hereby,
annexed into and made a part of the corporate limits of the City of Coppell, Texas,
and the same shall hereafter be included within the territorial limits of said City, a~d
the inhabitants thereof shall hereafter be entitled to all rights and privih ges of other
citizens of the City, and shall be bound by the ordinances, acts, resolutions and
regulations of the City of Coppell, Texas.
Said territory hereby annexed being described as follows:
BEING tracts of land located in the Preston Witt Survey,
Abstract 1566, J.M. Kennedy Survey, Abstract 741, Thomas Easter
Survey, Abstract 431, William Masters Survey, Abstract 899,
James Armstrong Survey, Abstract 30, Nancy Cousy Survey,
Abstract 319, Singleton Thompson Survey, Abstract 1493, and the
Weston Perry Survey, Abstract 1152, all situated in Dallas
County, Texas, and being more particularly described as follows:
COMMENCING at a point which is the northeast corner of the
Singleton Thompson Survey, Abstract 1493, and the sourleast
corner of the Weston Perry Survey, Abstract 1152, and the
southwest corner of the Preston witt Survey, Abstract .566, and
the northwest corner of the J.M. Kennedy Survey, Abstract 741,
said point also being the POINT OF BEGINNING;
THENCE, in a northerly direction, along the east line of the
Weston Perry Survey, Abstract 1152, said line also being the
west line of the Preston Wit: Survey, Abstract 1266, to its
intsrsection with a point on the west high bank of the new
channel of the Elm Fork of the Trinity River;
THENCE, in a general southeasterly and southerly direction,
along the west high bank of the new channel of the Elm Fork of
the Trinity River, with its meanders, to its intersection with
the northeast bank of Grapevine Creek;
THENCE, in a northwesterly direction along the northeas: bank of
said Grapevine Creek, with its meanders, to a point on the east
bank of the proposed Grapevine Creek alignment (10 feet wide);
THENCE, N 6 degrees 30'55" W, along said east bank, a distance'
of 2326.14 feet to a point on the west line of the Thomas Easter
Survey, Abstract 431, said line also being the east line of the
Nancy Cousy Survey, Abstract 319;
THENCE, N 0 degrees 23'48" E, a distance of 2324.36 feet along
the west lines of the Thomas Easter Survey, Abstract 431, and
the J.M. Kennedy Survey, Abstract 741, said lines also being the
east lines of the Nancy Cousy Survey, Abstract 319, and the
Singleton Thompson Survey, Abstract 1493, to the south
right-of-way line of Belt Line Road (120 feet wide);
THENCE, N 85 degrees 42'35" W, a distance of 5264.0 feet along
the south right-of-way of Belt Line Road to a point in the west
line of the Singleton Thompson Survey, Abstract 1493, and the
east line of the J.C. Cook Survey, Abstract 315;
THENCE, along said Singleton Thompson Survey west line and
J.C. Cook Survey east line, in a northerly direction to a point
on the north right-of-way line of the St. Louis and Southwestern
Railroad;
THENCE, in an easterly direction, along said north right-of-way
of the st. Louis and Southwestern Railroad to a point in the
east line of the Singleton Thompson Survey, Abstract 1493, said
line also being the west line of the J.M. Kennedy Survey,
Abstract 741;
THENCE, in a northerly direction, along said east line of
Singleton Thompson Survey, Abstract 1493, and said west 1in of
J.M. Kennedy Survey, Abstract 741, to the POINT OF BEGINNING.
SECTION 2. It is the intention of the City to annex only that terrilory which
is legally subject to being annexed by the City and should any portion of the above
described territory be not subject to legal annexation by the City of Coppell, Texas,
such fact shall not prevent the City from annexing such portion of said territory which
is subject to legal annexation by the City of Coppell, Texas. Therefore, if any provision
or' portion of the territory herein described is held to be invalid by a court of competent
jurisdiction, such provision or portion of land shall be deemed as separate, distinct and
independent and such holding shall not affect the validity of the remaining provisions
of this ordinance or portions of land annexed by this ordinance.
SECT[ON 3. This ordinance shall take effect from and after its pasage as the
law in such cases provides,
DULY PASSED by the City Council of the City of Coppell, Texas, this the 28th
day of October , 1986.
A P~
ATTEST:
CITY SECRyARY''-/
APPROVED AS TO FORM:
CO86-1104
SERVICE PLAN
FOR AREA BEING CONSIDERED FOR ANNEXATION
286.000 ACRE TRACT
When annexed the services proposed to be provided by the City of Coppell shall
be as follows:
Police and Fire services will be provided immediately to the same extent as
provided other areas already in the city.
Zoning protection will be provided immediately to the same extent as provided
other areas already in the city.
Subdivision regulation protection will be provided immediately to the same extent
as provided other areas already in the city.
Garbage collection will be provided immediately to the same extent as provided
other areas already in the city.
City inspection and enforcement of building, electrical and other ordinances will
be enforced immediately to the same extent as enforced in other areas already in the
city, thereby protecting the health and safety of persons and property in the area.
Gas, electric and telephone services will be provided through city franchise.
Connection to existing water and sewer lines will be provided in accordance with
City ordinances, policies and regulations and upon connection such sarvicas will be
provided at the same rates as charged others within the city. Extension of water and
sewer into areas will be done in accordance with city ordinances, policies and regulations
as development, improvement or construction commences within the area and in
accordance with city policy as to city participation.
EXHIBIT "A"
ORDINANCE NO. 86-368
PERRY SURVEY-ABSTRACT #1152 R WITT SURVEY- ABSTRACT ~ i566
~ KEnnEDY SUR~EY
~RVEY
ABSTRACT ~1~93
AgSTRACT
, ~ ~ 899
FRANC/S NANCY
JON~S SURVEY
~BSTR~T ~ A~MSTRON6
~ 6p4 SURVEY
ABSTRACT ~30
STATE OF TEXAS
COUNTY OF DALLAS
I, the Secretary of the City of Coppell, Texas, hereby certify that the within
and foregoing annexation ordinance and related annexation instruments are full, true
and correct copies of the originals of such instruments on file as a part of the permanent
records of my office. Further, [ am the lawful possessor and custodian of such records
for the City of Coppell, Texas. ,
WITNESS MY HAND at my office this the 12th day of November
, 1986.
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UTILITIES § 402,06 I
Ch..402
Historical Note
prior Law:
\~s 1985, 691h Leg.. ch. 460.
\ crnon's Ann.Civ.St. art. 1110h. § S.
Revisor's Note
(End of Subchapter)
Section 10 of V.A.C.S. Article 1110h validated certain actions of a mtn~icipal-
it,.' taken in connection with the implementation of a drainage system. This
provision is omitted from the revised law and is repealed because it served its
purpose on the day it took effect and. thus, is executed law. TIle saving
provisions section of the Code Construction Act ~.Section 311.03 t. Govermnent
Code) provides that the repeal of a statute does not affect any validation
previously made under the statute, and Section 50 of tile law enacting this
code also provides that the repeal of a validating law does not affect a
validation under that law.
[Sections 402.054 to 402.060 reserved for expansion]
SUBCHAPTER D. IMPROVEMENTS TO WATER AND SEWER SYSTEMS
IN CERTAIN MUNICIPALITIES
Cross References _.~
governing bodies, powers, see §§ 51.001, 54.001.
Home-rule municipalities, enumerated powers, see § $1.072 et seq. -
Platting or recording subdivisions or additions. see § 212.004. ~
Public utilities. power of municipalities see 402.001.
Street improvements and assessments, see Vernon's Ann. Civ. St. art. 1105b.
Type B general-law municipalities, powers. see §§51.033. 51.034.
LIbrary References
MIunicipal Corporations e=962, 966(1), Tex. Prac., Municipal La~v & Practice. Chs.
967(1) to (5). 13, 26, 29 and 32.
C.J.S. Municipal Corporations §§ 1993 to
2026.
§ 402.061. Application of Subchapter to Certain Municipalities
See, also, italicized material following text o/this section
To exercise authority under this subchapter, a municipality must have all or
,~ major part of its territory in a county with a population of nqore than
2 ~ .000.
Ac ts 1987, 70th Leg., ch. 149. § 1. elf. Sept. 1, 1987.
Amendment by Acts 1987. 70th Leg., oh. 26~, §§ !. 2
V.T.C.A. Government Code § 311 031(c) provides in part, that the
repeal o/a statute by a co~ does ~ot affect an a~endment o/the
statute by the same legislature which enacted the code and that the
amendment is preserved and given e[fect as part of the code proHsion.
473
§ 402.061 MUNICIPAL WATER &UTILITIES
TItle 13
Sections 1, 2 of Acts 1987, 70th Leg., ch. 265. atnend § 2 attd add
§ 2A o/l,~.zon:s Ann. Civ. St. art. lllOc [now, this section] ~Hthout
re/erence to the repeal o/said article by Acts 1987, 70th Leg., ch. 149,
§ 49(l ). As so a:nended, §§ 2 and 2A read:
"See. 2. (A) "City" shall ~nean any incorporated city, town or vil.
lage. including home rule cities. that:
"(I) has all or a major portion o[ its territory in a county which, at
the time any action is taken under the powers herein granted, has a
population in excess o[ 25, 000 according to the last preceding Federal
Census; or
"(2) is located in a county in which at least 60 percent of the total
area is regularly covered by water and in which is located the majority
of the total area of a wildlife refuge for species of wildlife on the
federal endangered species list.
"Sec. 2A. (a) The authority of a city described by Section 2(A)(2) of
this Act to provide for the construction of improvements under this Act
:s limited to the construction of improvements that benefit property bt
an area:
"(1) that is subdivided on or after September 1, 1987; and
"(2) for which a subdivision plat is required to be prepared under
Chapter 231, Acts of the 40th Legislature, Regular Session, 1927
(Article 974a, Vernon ~ Texas Civil Statutes).
"(b) This Act does not authorize a city described by Section 2(A)(2}
of this Act to require a property owner to connect the property to the
city sanitary sewer system and does not authorize that type of city to
levy an assessment against property or an owner of. ,roperty if:
"(1) the disposal of excreta and offal from the property is primarily
accomplished by a septic tank: and
"(2) the property has been serviced continuously by a septic tank,
except for periods of nonservice because of repairs to or replacement of
a septic tank since before September 1, 198Z
"(c) Subsection (b) of this section does not apply if the property
owner gives written consent to the requirement that the owner connect
the property to the sanitary system or gives written consent to the levy
of the assessment."
Revlsor's Note
In stating a population figure, the source law describes the figure as being
based on the federal census. The revised law omits the reference to the
federal census because it is unnecessary. The definitions section of the Code
Construction Act (Section 311.005, Government Code) defines "population" to
mean population according to the most recent federal decennial census.
474
UTILITIES § 402.063
Ch. 4O2
Historical Note
Prior Law: Acts 1473. 63rd I.cg.. p. 425 ,~: 1~) ~ 1.
Acts 1963, 58th Leg., p. 512, ch. 192. \'ernon's Ann.Ci~.Sx. art. I 110c. ~ 2~A~.
Acts 1967. 60th Leg., p. 2068, ch. 769. ~ 1.
§ 402.062. Definitions
In this subchapter:
(1) "Benefitted property" means a lot or tract to which water or sewer
service is made available under this subchapter.
(2) "Cost of improvement" includes engineering expenses, fiscal fees, and
other expenses incident to the construction of improvements to the water
system, sewer system, or both systems in addition to the other costs of the
improvements.
(3) "Sewer system improvements" means the laying of mains, laterals,
and extensions and all appliances and necessarv adjuncts required for the
sanitary disposal of excreta and offal from the area in which the improve-
merits are made but does not include off-site mains, laterals, and extensions
and appliances and adjuncts necessary to connect the improvements to the
existing se'.':er system operated by the municipality.
(4) "Water system improvements" means the laying of a water main with
gates, tees, crosses, taps, meter boxes, manholes, or extensions, and any
other appurtenances required to furnish water for domestic or commercial
purposes to the area in which the improvements are constructed, but does ..~
not include any off-site appurtenances required to connect the improve-
merits to the existing water system operated by the municipality.
\cts 1987, 70th Leg., ch. 149, § 1, elf. Sept. 1, 1987.
Revlsor's Note
(1) The revised law omits the second source law reference in Subdivision
(C) to mains with gates, tees, crosses, taps, meter boxes, manholes or exten-
sions because those items are included in the revised law reference to
"appurtenances."
(2) The revised law omits the source law definitions of "improven~ent" and
"construction of improvement" as unnecessary. Both terms are in common
usage and are clear from the context.
(3) The revised law omits the source lax,.' definition of "governing body" for
the reasons provided in Revisor's Note (1) to Section 402.044.
Historical Note
Prior Law: Vernon's Ann.Civ.St. art. lll0c. § 2(B), (C),
Acts 1963, 581h Leg., p. 512, ch. 192. (D), (H).
Acts 1971, 62nd Leg., p. 2820, ch. 920, § 1.
§ 402.063. Municipal Authority
(a) The municipality may improve a water works system or sanitary sewer
~ystem within the municipal boundaries by constructing, extending, enlarg-
ing, or reconstructing the system.
475
§ 402.063 MUNICIPAL WATER &UTILITIES
Title 13
(b) The governing body of the municipality may determine the need f,,:
improvements, max' order the construction of the necessarv improvement.
and may contract for the improvements.
(c) The governing body may act under this subchapter through resoluticm.
motion, order, or ordinance unless an ordinance is specificall3' required.
go'`'erning bodv may adopt, by resolution or ordinance, an',' rules appropriate
to the exercise of its powers under this subchapter, including rules relating
notice and hearing under this subchapter.
(d) The governing body may not assess a special tax or assessment against a
railxvay, street railway, or interurban right-of-way to defray a portion of the
cost of the improvements to the municipal water or sanitary sewer system.
(e) This subchapter does not affect the' law of this state relating to the
of a municipality to furnish water or sewer service in its proprietary capacity.
Acts 1987, 70th Leg., ch. 149, {} 1, elf. Sept. 1, 1987. ,
Revisor's Note
(1) Section 15 of the source law refers to "rules and regulations." The
reference to "regulations" is omitted from the revised law because under the
definitions section of the Code Construction Act (Section 311.005, Government
Code) a rule includes a regulation.
(2) The revised law omits as unnecessary the material in Section i of the
source law that states that the power of a municipality to improve water or
sewer systems includes the power to make various classes of improvements.
HIstorical Note
Prior Law: Vernon's Ann.Civ.St. art. 1110c, §§ I. 3.
Acts 1963, 581h Leg., p. ~12, ch. 192. 15, 19-A.
§ 402.064. Declaration; Costs; Estimated Assessment
(a) In the ordinance or resolution that declares the need for the improxc-
ments, the municipality:
(1) must state the general nature and extent of the improvements; and
(2) may direct that detailed plans, specifications, and cost estimates for
the improvements be prepared and submitted to the governing body.
(b) The cost of the improvements mav be paid wholly by the municipalit5
or partly by the municipality and partly by the benefitted property and
owners. If any part of the cost is to be paid by the benefitted property and its,
owners, the governing body of the municipality must prepare an estimate ot
the cost of the improvements. The governing body must prepare the estimate
before any improvements are constructed, either before or after bids for lhc
proposed construction are received by the municipality, but before the hear-
ing required under this subchapter is held.
Acts 1987. 70th Leg., ch. 149, {} 1, eff. Sept. 1, 1987. 476
UTILITIES § 402.065
Ch. 402
Historical Note
Prior Law:
· \cts 1963. 581h Leg.. p. 512. oh. 192.
x.'crnon's Ann.Civ. St. art. lll0c. §§ 3.4.
§ 402.065. Assessment Provisions
(a) By ordinance, the governing body of the municipality tnav:
(1) assess not more than nine-tenths of the estimated cost of in'xprovc-
ments against the benefitted propert3' and the owners of that property;
(2) provide the time, terms, and conditions of payment and defaults of
the assessments; and
(3) prescribe the interest rate on the assessment, not to exceed 10 percent
a year.
(b) The governing body may issue in the name of the municipality assigna-
hie certificates in evidence of assessments levied under this section that
declare the lien on the property and the liability of the oxvncrs xvhether
named correctly or not. The governing body may set the terms and condi-
lions of those certificates. If a certificate substantially states that the required
proceeding relating to improvements referred to in the certificate has been
held in compliance with law and that all the prerequisites to the fixing of an
assessment lien against the property described in the certificate and the
personal liability of the owner of the property have been performed, the
certificate is prima facie evidence of all the matters recited in the certificate,
and further proof is not required. In a suit on an assessment or reassessment
in evidence of which a certificate may be issued under this subchapter, it is
sufficient to allege the substance of the recitals in the certificate and that
those recitals are true. Further allegations with reference to the proceedings
relating to the assessment or reassessment are not necessary.
(c) An assessment against benefitted property under this section is collecta-
ble with interest, cost of collection, and reasonable attorney's fees. The
assessment is a first and prior lien on the assessed property and the lien takes
effect on the date that a notice of proposed improvements is made under
Section 402.067. The lien is superior to any other lien or claim e: :cept a state,
county, school district, or municipal property tax lien. The assessment is a
personal liability and charge against the owners of the assessed property on
the date on which the lien takes effect, whether or not the owners are named
in a notice, instrument, certificate, or ordinance provided for under this
subchapter.
(d) The municipality may make assessments against several parcels of
benefitted property in one assessment if the parcels are o~vned by the same
person. The municipality may jointly assess benefitted propert3' oxvned
jointly by one or more persons.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
3 v~- c~ ~oea~ Go~Cooe --18 477
§ 402.065 MUNICIPAL WATER &UTILITIES
Title 13
Revisor's Note
The source law refers to "person, firm, corporation or estate." The refer-
ence to "firm, corporation or estate" is omitted from the revised law because
under the definitions section of the Code Construction Act (Section 311.005.
Government Code) a person includes a corporation or an3' other legal entitv.
HIstorical Note
Prior Law: Vernon's Ann.Civ.St. art. llt0c. §§ 4. 6.
Acts 1963, 58th Leg.. p. 512, ch. 192. 14.
Acts 1971, 62nd Leg.. p. 2820, ch. 920. § 2.
§ 402.066. Apportionment of Assessments
(a) Except as provided by Subsection (c), the municipality shall separately
compute the cost of the water or sewer improvements and shall apportion the
part of the cost of those improvements that may be assessed against the
benefitted property and the owners of the property, among the parcels of the
benefitted property and the owners, in accordance with the front foot rule.
(b) Under the front foot rule, the governing body of the municipality shall
assess each parcel of benefitted property according to the number of lineal
feet of the parcel that abuts on a public street, irrespective of the location of
improvements constructed under this subchapter relating to that parcel if the
improvements provide water or sewer service to the assessed parcel. The
governing body shall assess a corner lot based on the shorter side of the lot
that abuts on a public street.
(c) If, in the opinion of the governing body, application of that rule would
result in injustice or inequality in particular cases, the governing body shall
apportion and assess those costs in the proportion it considers just and
equitable, taking into account the special benefits in enhanced value to bc
received by those owners, and shall adjust the apportionment so ts to produce
a substantial equality of benefits received and burdens imposed.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
Historical Note
Prior Law:
Acts 1963. 581h Leg., p~ 512, ch. 192.
Vernon's Ann. Civ. St. art. 1110c, § 7.
§ 402.067. Notice of Proposed Improvements; Lien
(a) If the governing body of the municipality proposes to levy or assess any
of the cost of improvements against the benefitted property as provided by
Section 402.065, the governing body may file a notice, signed on behalf of the
municipalit3' by the municipal clerk, secretary, mayor, or other officer per-
forming the duties of those officers, with the county clerk of the county in
which the property is located. The notice must substantially show that the
governing body has determined by order, directive, or otherwise that water or
478
UTILITIES § 402.068
Ch. 402
sewer system improvements are necessary, identify the required improve-
ments by location or otherwise, state that a portion of the cost of the
improvements is to be or has been specially assessed as a lien against the
benefitted property, and describe that property. One notice may contain any
number of systems or improvements.
(b) It is not necessary that a notice under this section give details or' be
sworn to or acknowledged. The governing body may file the notice at any
time. The county clerk with whom the notice is filed shall record the notice
in the records of mortgages or deeds of trust and shall index it in the name of
the municipality and in the name or other designation of the water or sewer
system to which the notice relates.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
Historical Note
Prior Law:
Acts 1963.58th Leg.. p. 512, ch. 192.
Vernon's Ann. Civ.St. art. 1110c, §§ 8, 9.
§ 402.068. Exemptions; Personal Liability for Assessment
(a) All property, including church and school property, is subject to a tax or
assessment authorized for local improvements under this subchapter. How-
ever, this subchapter does not authorize the municipality or its governing
body to fix a lien against any interest in property that is exempt from the lien
of a special assessment for local improvements under the constitution of this
state at the time the lien takes effect. The owner of such a property is
personally liable for any assessment made in connection with the improve-
merit, and the municipality may refuse water or sewer service to the owner
until the owner pays the municipality the assessment made against the
property or an amount equal to the assessment made against private property
of equal or comparable size. The fact that an ordered improvement is
omitted as to property, an interest in which is exempt, does not invalidate the
lien or liability of assessment made against any other property.
(b) The municipality may enforce a lien created against any property and
the personal liability of the owner of the property by an action in a court
having jurisdiction or by sale of the assessed property in the manner provided
by law or charter in effect in that municipality for the sale of property for
municipal property taxes.
(c) As an aid to enforcement of the liability imposed by the assessment, the
municipality may refuse to connect or may disconnect water or sewer service
to a parcel of benefitted property during the period in which there is a default
in the payment of any amount assessed under this subchapter against the
parcel or its owner.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. 479
§ 402.068 MUNICIPAL WATER &UTILITIES
Title 13
Historical Note
Prior Law:
Acts 1963.5Sth Leg.. p. ~12. ch. 192.
Vernon's Ann.Civ.St. art. 1110c. § 11.
§ 402.069. Notice and Hearing Requirements; Appeal
(a) The municipality may not make an assessment under this subchaptc!-
against any benefitted property until it has given notice and provided
opportunity for a hearing as provided by this section. The municipality max
not make an assessment against any benefitted property or the owners of the
property in excess of the enhancement of value of the property caused by the
improvements as determined by the hearing.
(b) The municipality shall deliver the notice required under this section
writing by mailing the notice to the address of the owner of the property or
the person who last paid taxes on the property as determined by the munici-
pal tax rolls. The municipalit.,,' must mail the notice before the 10th day
before the date set for the hearing and must publish the notice at least three
times in a newspaper of general circulation in the municipality in which the
special assessment tax is to be imposed. The municipality shall publish the
first notice before the 10th day before the date set for the hearing. Proof of
the mailing and publication constitutes proof that all the notice requirements
of this section have been met.
(c) A notice is sufficient, valid. and binding on all persons who own or
claim benefitted property or an interest in that property if the notice:
(1) generally describes the nature of the improvements for which the
municipality proposes to make assessments and to which the notice relates;
(2) describes the water or sanitary sewer system to be i nproved or thc
portions of that system to which the improvements relate;
(3) states the estimated amount per front foot proposed to be assessed
against benefitted property or the owners of the property;
(4) describes the property benefitted by each system or portion of system
with reference to which the required hearing is to be held;
(5) states the estimated total cost of the improvements on each system
portion of a system; and
(6) states the time and place of the hearing.
(d) The governing body of the municipality shall conduct the hearing.
Each person who owns or claims benefitted property or an interest in thai
property is entitled to be heard on any matter to which a hearing is a
constitutional prerequisite to the validity of an assessment authorized by this
subchapter. Such a person may contest the amount of the proposed assess-
ment, the lien and liability for the lien, the special benefits claimed for the
property to be improved and its owner by means of improvements for which
assessments are to be levied, and the accuracy, sufficiency, regularity, and
validity of the proceedings and any contract in connection with the improve-
480
t'TILITIES § 402.070
Ch. 402
n~cnts and proposed assessments. The gox'errfing body mav correct anv
deficiencies and may determine the amounts of the assessments and other
~ccessary matters. Bv ordinance, the municipality max' close the hearing and
luay levy the assessment for improvements before, during, or after the
construction of those improvements. The municipality max' not make any
part of such an assessment mature before the acceptance bv the municipalily
,,f the improvements for which the assessment is levied.
Ce) A person who owns or claims assessed property or an interest in lhat
property may appeal the assessment based on the amount of the assessment;
i~n any inaccuracy, irregularity, invalidit3', or insufficiency of the proceedings
or contract relating to the assessment; or on anything that is not within the
discretion of the governing body of the municipality, by bringing suit in a
court of competent jurisdiction within 15 days after the date the assessment is
levied. A claimant who does not bring suit within that time waives the right
to contest any matter that might have been presented at the hearing and is
barred and estopped from contesting the assessment or the proceedings and
contract relating to the assessment in any manner. The only defense to an
assessment in a suit brought to enforce the assessment is failure to publish
notice as required by this section or that the assessment exceeds the amount
of the estimate. The words or acts of any municipal officer or employee,
including a member of the governing body, do not affect the force and effect
of this subchapter, except for official actions of the governing body as shown
in its written proceedings and records.
Acts 1987, 70th Leg., ch. 149, § 1, elf. Sept. 1, 1987.
Historical Note
Prior Law:
Acts 1963, S8th Leg., p. S12, ch. 192.
Vernon's Ann.Civ. St. art. 1110c, § 12.
§ 402.070. Change; Abandonment
(a) Except as limited by this section, the governing body of the municipality
may change plans, methods, contracts, or other proceedings re~ating to
irnprovements.
(b) The governing body may not make a change that substantially affects
the nature or quality of the improvements unless the governing body, by a
two-thirds vote, determines that it is impractical to proceed with the improve-
merits as proposed.
(c) If a substantial change is made after a hearing has been ordered or held,
a new cost estimate and a new hearing with proper notices is required unless
the improvement is totally abandoned.
(d) A change in or an abandonment of improvements requires the consent
of any person who has contracted with the municipality for the construction
of the improvements.
481
§ 402,070 MUNICIPAL WATER &UTILITIES
Title 13
(e) If improvements are abandoned, the municipality shall pass an ordi-
nance that cancels any assessments already levied for the improvements an~!
that cancels any other proceedings relating to those improvements.
Acts 1987, 70th Leg., ch. 149, § 1, elf. Sept. 1. 1987.
Revisor's Note
The source law refers to "person, firm or corporation." The reference to
"firm or corporation" is omitted from the revised law because under the
definitions section of the Code Construction Act (Section 311.005, Government
Code) a person includes a corporation or any other legal entity.
Historical Note
Prior Law:
Acts 1963, 58th Leg., p. 512, ch. 192.
Vernon's Ann.Civ.St. art. lllOc, § 13.
§ 402.071. Corrections; Reassessments
(a) If an assessment is determined to be invalid or unenforceable, the
governing body of the municipality may correct any deficiency in the pro-
ceedings relating to the assessment or any mistake or irregularity in connee-
tion with the assessment. The governing body may make and levy reassess-
ments after a notice and hearing that comply as nearly as possible with the
requirements for the original notice and hearing, and subject to the provisions
relating to special benefits. A recital in a certificate issued as evidence of a
reassessment has the same force as a recital in a certificate related to an
original assessment.
(b) A person who owns or claims an interest in property against which a
reassessment is levied has the same right of appeal provided under this
subchapter for an original assessment. If the person does not appeal within
15 days after the date of the hearing relating to the' reassessment, the
provisions of Section 402.069 relating to waiver, bar, estoppel, and defense
apply.
Acts 1987, 70th Leg., ch. 149, § 1, elf. Sept. 1, 1987.
Historical Note
Prior Law:
Acts 1963, 581h Leg., p. 512. ch. 192.
Vernon's Ann.Civ. St. art. lll0c, §§ 16, 17.
§ 402.072. Joint Proceedings
The municipality may make the improvements and assessments provided
under this subchapter in conjunction with the street improvements and
assessments provided for in Chapter 106, Acts of the 40th Legislature,
Called Session, 1927 (Article 1105b, Vernon's Texas Civil Statutes), through
joint proceeding. If a joint proceeding is conducted, only one hearing
482
UTILITIES § 402.074
Ch. 402
required, and the procedure required under this subchapter controls. The
municipality may issue a single assessment certificate against a parcel of
benefitted property and its owner in evidence of the total assessment made
for all improvements made under this subchapter, including street improve-
ments made in a joint proceeding, if the amount assessed for each class of
improvements is set out separately and distinctly in the ordinance under
which the assessment is made.
Acts 1987, 70th Leg., ch. 149, § 1, eft. Sept. 1, 1987.
Historical Note
Prior Law:
Acts 1963, 581h Leg., p. 512, ch. 192.
Vernon's Ann.Civ. St. art. 1110c, § 18.
§ 402.073. Restrictions in Certain Counties
(a) In this section, "subdivided or platted property" means property that:
(1) has been platted under Chapter 212; or
(2) has been subdivided or platted by a map or plat that is filed for
record in the office of any county clerk and that contains a dedication of
the property for public use for a street or alley right-of-way or for a public
utility easement.
(b) A municipality located in a county with a population of less than
700,000 may not make an assessment or other charge for the construction of
improvements to a water or sewer system against any property or property
owner, regardless of who initiates the request for the construction, unless the
property is located in an area that has been subdivided or platted for at least
the 10 years preceding the date of the assessment.
Acts 1987, 70th Leg., ch. 149, § 1, eft. Sept. 1, 1987.
Revisor's Note
In stating a population figure, the source law describes the figure as being
based on the federal census. The revised law omits the reference to the
federal census because it is unnecessary. The definitions section of the Code
Construction Act (Section 311,005, Government Code) defines "population" to
mean population according to the most recent federal decennial census.
Historical Note
Prior Law:. Acts 1971, 62nd Leg., p. 2821, ch. 920, § 2.
Acts 1963, 581h Leg., p. 512, ch. 192. Acts 1973, 63rd Leg., p. 425, ch. 190, § 2.
Acts 1967, 60th Leg., p. 2068, ch. 769, § 2. Vernon's Ann.Civ.St. art. lllOc, § 19.
Acts 1969, 61st Leg., p. 1681, ch. 542, § 1.
§ 402.074. Authorized Investment
A certificate of special assessment issued under this subchapter, including a
certificate issued under a joint proceeding under Section 402.072, is a legal
483
§ 402,074 MUNICIPAL WATER &UTILITIES
Title 13
and authorized investment for a bank, savings bank, trust company, savings
and loan association, insurance company, sinking fund of a municipalit>..
county, school district, or other political subdivision of this state, and for all
other public funds of this state or an agency of this state.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
Revisor's Note
"[B]uilding and loan association" is revised as "savings and loan associa-
lion," the name currently used in Texas law.
Historical Note
Prior Law:
Acts 1963, 581h Leg., p. 512, ch. 192.
Vernon's Ann. Civ. St. art. 1110c, § 20.
§ 402.075. Home-Rule Municipality
A home-rule municipality to which this subchapter applies may adopt plans
and specifications for improvements as provided by this subchapter and may
pay in cash to the contractor who is the successful bidder that part of the cost
assessed against the owner and the benefitted property, The municipality
may reimburse itself by levying an assessment against the benefitted property
and its owner after notice and hearing as provided by this subchapter. The
municipality may reimburse itself up to the amount of the enhancement in
value represented by the benefits and as permitted under this subchapter and
may issue assignable certificates in favor of the municipality for the assess-
ment. The certificates are enforceable in the manner provided by Section
402.06S. The municipality may use its own forces to make the improvements
if the work may be performed more expeditiously and economically in that
manner.
Acts 1987, 70th Leg., ch. 149, § 1, elf. Sept. 1, 1987.
Historical Note
Prior Law:
Acts 1963, 581h Ieg., p. ~12, ch. 192.
Vernon's Ann.Civ.St. art. 1110c, § 22.
Revisor's Note
(End of Subchapter)
(1) The revised law omits as unnecessary that part of Section 21 of V.A.C.S.
Article 1110c that relates to the cumulative effect of the source law. It is an
accepted principle of statutory construction that all statutes are given cumula-
tire effect unless they provide otherwise or unless they are inconsistent. The
revised law also omits that part of Section 21 that provides for liberal
construction of and substantial compliance with the provisions of the source
law. Section 311.023, Government Code, provides that the obiects sought to
be attained in a statute are among the factors to be considere,:l in construing
the statute.
484
UTILITIES § 402.901
Ch. 402
(2) This subchapter omits from the revised laxv Section 23 of the source laxv
regarding severability because the severability section of the Code Coolstrite-
tion Act (Section 311.032, Government Code) and Section 312.013, Govern-
meat Code, provide for the severability of statutes.
[Sections 402.076 to 402.900 reserved for expansion]
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
Library References
Tex. Prac., Municipal Law & Practice, Chs. 26, 29 and 32.
§ 402.901. Relocatlon or Replacement of Water or Sewer Laterals
(a) By ordinance, a municipality may contract for the relocation or replace-
ment of a sanitation sewer lateral or water lateral that serves a residential
structure on private property to connect the lateral to a new, renovated, or
rebuilt sanitation main or water main constructed by the municipality. The
municipality shall assess the cost of the relocation or replacement of the
lateral against the property on which the lateral is located. A lien attaches to
the property for the cost of the relocation or replacement.
(b) Before a municipality contracts under Subsection (a), the municipalit>' ~
must obtain the property owner's written consent to the contract, to the -':
relocation or replacement of the sewer lateral or water lateral, and to the
assessment. The written consent must state that the person giving the
consent is the property owner or the authorized representative of the property
owner, must state the owner's address, and must state that:
(1) the consent is given freely;
(2) the owner understands that as a result of the assessment a lien
attaches to the property for the total cost of the relocation or replacement;
(3) the municipality will not pay any part of the relocation or replace-
ment cost; and
(4) the owner has five years from the date the work is completed to repay
the cost to the municipality.
(c) Before the contract for the work is made but after the municipality has
received bids for the work, the municipality must give notice to the property
owner. The notice must state the bid price accepted by the municipality for
the completion of the work and that the contract price may be increased by
not more than 10 percent because of changes without the written consent of
the owner. The notice shall be given to the owner by personal delivery, or by
depositing the notice in the United States mail, postage prepaid, addressed to
the owner at the address in the owner's written consent.
(d) The municipality shall contract for the performance of the work in
accordance with the law applicable to public improvements before work
485
§ 402.901 MUNICIPAL WATER &UTILITIES
Title 13
begins on the relocation or replacement of a lateral and after the municipality
files the written consent of the property owner with the municipal clerk or
municipal secretary. The contract may be changed as necessary for the
successful completion of the work, but the contract price may not be in-
creased by mo~'e than 10 percent because of those changes without the written
consent of the ov,'ner as provided by Subsection (c).
(e) Unless the owner waives the right to reject the contract as provided
Subsection (f) on or before the 451h day after the date the notice is mailed or
delivered, the owner may exercise that right by notifying the municipal clerk
or municipal secretary of the withdrawal of consent. If the owner fails to
withdraw consent during the 45-day period, the municipality may contract
for the performance of the work, the work may proceed, and the assessment
may be made without further consent by the owner. After the expiration of
the 45-day period, the owner may not withdraw the consent.
(f) The owner may waive the right to reject the contract by filing a sworn
affidavit to that effect with the municipal clerk or municipal secretary. After
the affidavit is filed, the municipality may contract for the performance of the
work, the work may proceed, and the assessment may be made without
further consent by the owner.
(g) On receipt by the municipality of a certificate from the contractor
certifying that all work has been completed in accordance with the contract,
and on a finding by the municipality that the work has been properly
completed in accordance with the applicable codes and ordinances of the
municipality, the municipality may pay the contractor the cost of the cornpier-
ed work.
(h) When payment is made to the contractor, the municipality shall issue a
certificate certifying that the work has been completed and that payment has
been made under the contract. The municipality shall file the certificate with
the county clerk of the county in which the property is located and shall
deliver a copy of the certificate to the property owner.
(i) The property owner, within five years after the date of the issuance of
the certificate under Subsection (h), must pay the municipality the amount
that the municipality paid for the completed work as evidenced by the
certificate, plus simple interest in an amount not to exceed 10 percent a year
as set by the governing body of the municipality. On payment of the
principal amount and accrued interest, the municipality shall issue a release
of the assessment and lien. The release may be filed for record as provided
by law.
(j) If the property owner does not pay the assessment during the five-year
period, the municipality may enforce the lien on the property in the same
manner in which it is authorized by law to enforce the lien for a paving or
other assessment.
Acts 1987, 70th Leg., ch. 149, § 1, elf. Sept. 1, 1987. 486
UTILITIES § 402.902
Ch. 402
Rev|sor's Note
Subsection (e) of the revised law refers to delivery of the notice because
Section 5(a) of the source law provides that the notice may be given to the
owner through mailing or by personal delivery.
Historical Note
Prior Law: Acts 1985, 69th Leg,. ch. 236. §§ I to 3.
Acts 1983.68th Leg.. p. 299. ch. 64. Vernon's Ann.Civ. SL art. l ll0g.
Library References
Municipal Corporations *=708.
C.J.S. Municipal Corporations § 1049.
§ 402.902. Operation of Certain Electric Light and Power Systems by
Home-Rule Municipalities
(a) If a home-rule municipality, whose charter authorizes it to furnish
electric light and power service inside and outside the municipal boundaries.
owned and operated a municipal electric system as of July 4, 1949, and on
that date owned and operated a rural electric system as a unit separate from
the municipal system, and if the governing body of the municipality set up a
rural electric system as a separate system, the bonds, mortgages, warrants, or
other evidences of indebtedness are obligations of the system which they
benefitted. The obligations of one system do not apply to or affect the other
system.
(b) Any issued obligation of a system is not a debt of the municipality but is
only a charge on the properties of the system and may not be considered in
determining the ability of the municipality to issue bonds for any purpose
authorized by law.
(c) The expense of operation and maintenance of each system is a first lien
and charge against the income of the system. Operation and maintenance
expenses include salaries, labor, repairs, cost of electrical energy, interest,
repairs or extensions necessary for efficient service, and other proper opera-
tion and maintenance expenses.
(d) The governing body of the municipality shall charge and collect for
each service a rate sufficient to:
(1) pay operation and maintenance expenses, depreciation, replacement,
improvement, and interest;
(2) pay the principal of and interest on obligations issued against each
system separately; and
(3) maintain any reserves required by the ordinance authorizing the
issuance of the obligations.
(e) None of the income of a system may be used to pay any other debt,
expense, or operation until the secured indebtedness is finally paid.
(f) Each evidence of indebtedness issued by a municipality to which this
section applies must contain the clause: "The holder of the instrument hereof
487
§ 402.902 MUNICIPAL WATER &UTILITIES
Title 13
shall never have the right to demand payment of this obligation out of an\
funds raised or to be raised by taxation." The evidence of indebtedness must
be payable not more than 40 years from the date of the instrument and rna~
bear interest at a rate not 16 exceed five percent a year. The instrument musl
be signed by the mayor and countersigned by the municipal secretary.
Facsimile signatures of those officers tnav be printed on interest coupon~
attached to the instrument.
(g) A municipality to ~vhich this section applies is not required to submit an
instrument issued against either of the systems to any public official of this
state. The only approval required or authorized by this section is that of the
governing body of the municipality. An obligation issued under this section
is not contestable after issuance and delivery except for fraud and forgery.
(h) This section does not authorize a municipality to construct facilities or
furnish electric power and energy to an area served with central station
electric service as of July 4, 1949.
(i) An obligation issued under this section is exempt from state or locai
taxation.
(j) After a finding that a merger is in the best interests of its separatel.x'
owned rural electric system and its municipal electric system, the governing
body of a municipality to which this section applies may by ordinance order a
merger of the systems. After the merger, all laws relating to the municipal
electric system, including laws relating to authorization and issuance of
bonds, apply to the merged system.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
Revisor' s Note
(1) Several provisions of Section 1 and Section 3 of the source law validated
certain actions of a municipality that set up rural electric systems as separate
units. These provisions are omitted from the revised law because they served
their purpose on the day they took effect and, thus, are executed law. The
saving provisions section of the Code Construction Act (Section 311.031,
Governmen, r~de) provides that the repeal of a statute does not affect any
validation previously made under the statute, and Section 50 of the law
enacting this code also provides that the repeal of a validating law does not
affect a validation under that law.
(2) The revised law uses the date July 4, 1949, because that was the effective
date of Article l ll0b and thus is the "now" referred to in the article.
(3) The revised laxv omits the source law reference to "lithograph" because
it is included in the general concept of "printing."
Historical Note
Prior Law: Acts 1983, 681h Leg., p. 4454, ch. 717. _~ i
Acts 1949.51st Leg.. p. 973, ch. 535. Vernon's Ann.Civ. St. art. lll0b, §§ 1.2."
Library References
Electricity e:l :2. Municipal Corporations ~::,272.
488
UTILITIES § 402.903
Ch. 4O2
C.J.S. Electricity § 6 et seq.
C.J.S. Municipal Corporations § 1052.
§ 402.903. Agreement With Conservation and Reclamation District
(a) A municipality may agree or contract with a conservation and reclama-
tion distr:ct created under Article XVI, Section 59, of the Texas Constitution
for the supply and purchase of hydroelectric power or energy. The agree-
meat or contract shall be for a period and contain the terms arid conditions
agreed on by the parties. The agreement or contract is a valid and binding
municipal obligation that is enforceable as provided by its terms.
(b) The agreement or contract may provide for the municipality to pay for
the hydroelectric power or energy whether or not the power or energy is
produced or delivered to the municipality. The agreement or contract may
include provisions relating to acquiring, constructing, and equipping genera-
tion and transmission facilities to supply the power and energy, provisions
relating to financing the costs of the generation and transmission facilities,
and provisions that the agreement or contract continues in effect while any
obligations specified in t'.:e agreement or contract, including refunding obli-
gations, remain outstanding. The provisions shall be as specified in the
agreement or contract.
(c) If provided in the agreement or contract, the amounts required to be
paid by the municipality to the district under the agreement or contract are
an operating expense of the electric system, or combined utility system of
which the electric system is a part, in the manner provided for other
operating and maintenance expenses of the electric system or combined
utility system as provided by Article 1113. Revised Statutes.
(d) Notwithstanding any express or implied limitation on municipal power
or purposes under any general or special law, charter provision, or ordinance.
this chapter is authority for the performance of an agreement or contracl
catered into under this chapter.
\cts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
Revlsor's Note
(1) Section 3 of V.A.C.S. Article 1118q-1 validated certain contracts madc
between a municipalit3' and a conservation and reclamation district. This
provision is omitted from the revised law and is repealed because it served its
purpose on the day it took effect and, thus, is executed law. Thc savi~g
provisions section of the Code Construction Act (Section 311.031. Government
Code) provides that the repeal of a statute does not affect any validatio~
previously made under the statute, and Section 50 of the law enacting thi~
code also provides that the repeal of a validating law does no~ affect ~
validation under that law.
(2) The revised law omits as unnecessary part of Section 4 ot' V.A.C.S.
Article 1118q-1 relating to the cumulative e~:fect of the source law. It is an
accepted principle of statutorv construction that all statutes are given cumula-
tive effect unless they provide otherwise or unless thcv arc ir~cons~stcnl.
489
§ 402.903 MUNICIPAL WATER &UTILITIES
Title 13
Historical Note
Prior Law:
Acts 1983, 681h Leg., p. 3813, ch. ~89.
Vernon's Ann.Civ.St. art. lllSq-l, §§ 1.2, 4.
Librat3' References
Municipal Corporations
C.J.S. Municipal Corporations § 1052.
§ 402.904. Lease of Natural Gas Distribution System by Certain Munici-
palities
(a) A municipality that owns its natural gas distribution system and that
has conducted an election before July 13, 1959, that resulted in a vote to sell
the system may, by majority vote of the governing body, enter a contract to
lease the system to any person. The municipality may also grant an option to
the lessee or other person to purchase the system at a price specified or
determined in the manner provided by the lease or option contract.
(b) If the municipality has any outstanding bonds that are payable from the
revenues of the system, unless the municipality provides for the full payment
of the bonds with interest to their maturities or to the date the bonds are to bc
redeemed before maturity, it may not enter a lease or option contract except
under the conditions specified in the ordinance that authorized the bonds.
Acts 1987, 70th Leg., ch. 149, § 1, elf. Sept. 1, 1987.
Revlsor's Note
(1) The source law refers to an election "heretofore" held. The revised law
uses, in place of "heretofore," the date of July 13, 1959, because that was the
effective date of the source law.
(2) The source law refers to "person, firm or corporation." The reference
to "firm or corporation" is omitted from the revised law because under the
definitions section of the Code Construction Act (Section 311.005, Government
Code) a person includes a corporation or any other legal entity.
Historical Note
Prior Law:
Acts 1959, 561h Leg.. 2nd C.S., p. 92, ch. 8.
§1.
Vernon's Ann. Ci~'.St. art. 1268a.
Cross References
Election to mortgage, encumber or sell natural gas system, see Vernon's Ann. Civ. St. art 1112
LIbrary References
Gas ~:~3.
C.J.S. Gas § 2.
490
UTILITIES § 402,904
Ch. 402
Revisor's Note
(End of Chapter)
(1) The revised law omits V.A.C.S. Article lll0e as expired law.
article, enacted by the 61st Legislature and effective June 14, 1969, provided
Section 2(a) that the powers conferred under the act terminated five years
after the effective date.
(2) V.A.C.S. Articles 1109e-2, 1109f, 1109f-l, and t182c-6 validated certain
actions taken in connection with certain water supply contracts. These
provisions are omitted from the revised law and are repealed because they
served their purpose on the day they took effect and, thus, are executed la~'.
The saving provisions section of the Code Construction Act (Section 311.03 l,
Government Code) provides that the repeal of a statute does not affect any
validation previously, made under the statute, and Section 50 of the lax~'
enacting this code also provides that the repeal of a validating la~' does not
affect a validation under that law.
(3) Numerous laws exist that apply only to counties or municipalities
having a certain number of inhabitants. A law of this type uses a population
bracket, that is a minimum or a maximum population figure, or both, to
define the population range in which a county or municipality must fall in
order to be covered by the law. Many of these bracket laws are unconstitu-
tional because they violate Article III, Section 56, of the Texas Constitution,
which prohibits the legislature from passing local laws regulating the affairs
of counties or municipalities.
However, a law that uses a population bracket to limit its application to a
class of counties or municipalities does not violate the constitutional provision
if, after considering the subject of the law, one finds a reasonable justification
for applying the law to that particular class and not outside the class. Miller
v. El Paso County, 150 S.W.2d 1000 (Tex. 1941); Smith v. Decker, 312 S.%V.2d
632 (Tex. 1958); Robinson v. Hill, 507 S.W.2d 521 (Tex. 1974).
As a general rule in this revision, no attempt is made to determine under
Article III, Section 56, the constitutionality of any bracket law unless the
population bracket no longer applies to any county or municipality. V.A.C.S.
Article 1175d, as enacted in 1947, applied to a home-rule municipality with a
commission form of government and a population of 31,000 to 32,500 accord-
ing to the "last preceding federal census." Under the 1940 census, the article
applied only to the city of Lubbock. Under the 1980 federal census, Texar-
kana and Hurst are in the population bracket, but neither city uses the
commission form of government. Lubbock itself changed from the commis-
sion form of government during the mid-1960s. The legislature has never
amended the article. either to revise the population bracket or to change the
form of government to which it applies.
Article 1175d is omitted from this revision because it no longer applies to
any municipality and because it is an unconstitutional local la~' under the
principles established under the Miller, Smith, and Robinson cases.
[Chapters 403 to 410 reserved for expansion]
491
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Sec. 3-1-8 WATER METERS
All meters whether private or belonging to the Waterworks System shall be set by
the employees of the City. If the meter fails to register, the consumer will be
charged at the average daily consumption as shown by the meter when in order.
All water that passes through the meter shall be charged for, whether used or not.
(Ord. 180)
Sec. 3-1-9 SEPARATE METERS REQUIRED
Each consumer of water living in a separate house must have a separate
connection and meter for each house; provided, that in cases of hardship or where
a residence is not in reach of a City water main, arrangements may be made, at
the option of the City, to secure water from another user of City water. (Oral.
180)
Sex:. 3-1-10 REPAIR OF WATER LINES
In the interest of water conservation, if at any time water lines and connections
from the meter loop connection into the residence, house, barn, business,yard or
similar places become rusted out, broken or in general deteriorated, it shall be the
duty of the owner of the premises to place his lines in a cod and serviceable
condition. The rephced and re aired lines must meet fpe~c{a~ons laid down by
the City Plumbing Code. ~O~ 180)
Sec. 3-1-11 WATER METER DEPOSIT
Each water consumer shall make a meter deposit in at least the sum of $30.00 for
builders and realtors, $35.00 for home buyers, or $55.00 for reuters. Should such
deposit be insufficient to pay an average monthly bill; or, if experience has proved
that a customer does not pay water bills promptly, and as due, the City Manager
may require the meter deposit to be in any sum deemed necessary to protect the
City. Such meter deposit may be applied to the payment of any water and sewer
overdue to the City. Any unused potion of the deposit shall be refunded to the
consumer at any time service is discontinued. (Ord. 89-448)
Sec. 3-1-12 WATER RATIONING
The Mayor, or in his absence the Mayor Pro Tcm of the Cit)r, may when
necessary to do so to protect the citizens of thc City, order a rauoning system
suited to the emergency then existing, by declaring an emergency. (Ord. 180)
Sex:. 3-1-13 EXTENSION OF WATER LINES TO SUBDIVISION AND WITHIN
SUBDIVISIONS, OR TO INDIVIDUALS
A. Where extension of water mains arc required to serve property which has
been subdivided or platted for development and resale, the costs of
approach mains fronling on property not owned by the developer but
required and necessary to connect property to be developed shall be borne
h
solely by the developer. Thc sizes of all aforementioned mains s all be
determined by the City. Refunds for main extensions will be as follows:
1. Upon approval and acceptance of the system by thc City, on any
mains larger than twelve inch (12") diameter, the City will pay,
COH'ELL Crrr CODE. 199:~ EOrllOS Chapter 3. Page 5
upon acceptance if funds are available, or will enter into a pro-ram
agreement with the developer, the mount being the difference
between the cost of the oversized mains and the twelve inch (12")
diameter mains. (Ord. 180)
2. The City will only refund to the subdivider pro-ram charges
received from applicants who desire to connect to the mains of a
diameter larger than twelve inch(12") with the total refund not to
exceed the amount of the subdivider's cost of the off-site
improvements. (Ord. 180)
3. The maximum period of time for the pro-ram reimbursement to the
subdivider for the off-site mains shall not exceed seven (7) years.
(Ord. 180)
B. Oversized Mains Within Subdivisions. Developers of subdivisions shall
bear the entire costs of water and sewer systems within or along the
boundary of their subdivisions, except that on any mains larger than twelve
inch (12") the City will refund the difference between the cost of the
oversized mains and the twelve inch (12"). Adequate size of such water
and sewer mains shall be determined by the City. (Ord. 180)
Sex. 3-1-14 PRO-RATA CHARGES (WATER)
The City may extend water and sanitary sewer mains in the streets and alleys,or
easements w~thin the City limits in order to permit connections by those persons
desiring water and sanitary sewer services. A charge, known as"pro-rata, "shall be
made against each lot or tract of land, and the owner thereof, whose water line
shall be hereafter connected with any water mains in the City, shall be charged the
following rates:
A. Two Hundred Dollars ($200.00) per acre of land to which water
connections are made on a line. (Ord. 180)
B. Four Dollars ($4.00) per front foot of the lot or tract of land of five
(5)acres or less to which water connection is made. (Ord. 180)
In addition to the pro-rata charge on water and sewer main.~, the property owner
must pay the connection charges as established by Section WR-14. (Ord. 180)
The maximum 'od of time for the pro-rata reimbursement to the original
depositor for ~-~si~ mains shall not exceed seven (7) years. (Ord. 180)
Sex. 3-1-15 TAPPING CITY WATER MAINS
A. The tapping fee for connection with the Waterworks System shall be
(Ord. 180):
3/4" $175.00
1" $ 200.00 plus cost of materials and labor
11/2" $250.00 plus cost of materials and labor
2" and over Total cost of materials and labor
COPPELL CrlT CODE, 1993 EDITIOIV Chapter 3, Page 6
EXCEPT in the case of apartment complexes, mobile home parks, office
buildings, morals, townhouses, multi-family dwellings, etc., and all other
facilities other than single family dwellings served by one master meter,
in which case the charges shall be:
B. Mobile Home Parks: $50.00 per each mobile home space and total cost
of materials and labor for the master meter. (Ord. 180)
C. Apa~huent Complexes, Townhouses, Office Buildings, Multi-Family
Dwellings, etc. Served by One MEter Mete=
1. $50.00 per each unit of two bedrooms or more shown on the plans
submitted for building permit. (Ord. 180)
2. $45.00 per each one bedroom unit shown on the plans submitted
for building permit (Ord. 180)
3. $45.00 per each separate place of business shown on the plans
submitted for bttilding permit. (Oral. 180)
COPPE1L CITY CODE, 1993 EDITION Chapter .~, Page 7
ARTICLE 3 - 2 SEWER DEPARTMENT
Sex:. 3-2-1 CONNECTION TO SEWER REQUIRED
All owners or occupants of buildings, or agents for the owners, situated in any
section of the City where a sanitary sewer now exists, or where it may hereafter
exist, and where the property line of the land on which any such building is
situated approaches or extends to within one hundred feet (100') of any such
sewer are hereby required to construct or cause to be constructed suitable water
closets on their property, and connect the same with the City sewer, under the
supervision of the Plumbing Inspector;, provided however, that where there now
cxxsts a septic tank in proper sanitary workin condition, it may be permitted to
remain in use until such time as it may be found to be unsanitary and in this
event, it may be ordered removed by the Plumbing Inspector upon ten (10) days'
notice to the owner thereof, and all facilities shall be connected to the City sewer,
within ninety (90) days after service is available. It shall be the duty of any such
property owners or occupants of such property to lee and maintain the water
closet and connection thereof in perfect condition and ~e~ from any obsumction,
and it shall be unlawful for any person to build or use any privy vault above or
below the ground in the City or on any lot or parcel of land.
All Persons now having such privics in such locations are hereby required to abate
the same within thirty (30) days after nodce by the Plumbing Inspection,to do so,
and to construct and to put in water closets and connect the same with the City
sewer. (Ord. 180)
The owner of any properxy desirin to connect with the City Sewer System shall
be responsible for opening the hgfe to the sewer main and leaving it open and
protecting it until the sewer connection is made by City personnel, and in the
event opening the hole to the sewer main involves crossing the street, the cost for
this crossing will be addexl to the cost of the sewer tap. (Ord. 274)
Sec. 3-2-2 SEWER RATES (Monthly)
The monthly rates charged for services furnished by the Sanitary Sewer System
of the City shall be based upon the amount of metered water which is fttmished
during the month as follows:
Residential: First 1,000 gallons (Minimum) $8.00. All over 1,000 gallons $1.80
cents per 1,000 gallons to a maximum of 14,000 gallons. (92-545)
Commercial, Industrial & Non-Single-Family Dwcllings:
First 1,000 allons (minimum) $8.00 all over 1,000 gallons $1.80
cents per 1,~ gallons. (92-545)
Sewer Service Only
(flat rate)--- $24.20 for those sewer customcrs who axe not connected to
the city's water system. (92-545)
Sec. 3-2-3 PRO-RATA CHARGES (SEWER)
The City may extend sanitary sewer mains in the streets and alleys, or easements
within the City limits in order to permit connections by those persons desiring
COPeELL CrlT COD~, 1993 EDraou Chapter 3, Page 8
sanitary sewer service. A charge, known as "pro-rata", shall be made against each
lot or tract of land, and the owner thereof, whose sewer line shall be hereafter
connected with any sewer mains in the City, shall be charged the following rates,
which rams ar~ a portion of the total cost of such sewer mains:
A. Two Hundred Dollars ($200.00) per acre of land to which sanitary sewer
connections are made on a line. (Ord. lg0)
B. Four Dollars ($4.00) ~ front foot of the lot or tract of land of five acres
or less to which sanitary sewer connection is made. (Ord. 180)
Sec. 3-2-4 TAPPING CITY SEWER MAINS
A. The tapping fe~ for connection with the Sanitary Sewer System shall
1. 4" Residential $200.00,
4" Commercial $400.00,
6" and larger $600.00, plus total cost of materials and labor.
(OrcL 274)
2. Mobile Home Parks $100.00 per e~ch mobile home space and total
cost of materials and labor. (Ord. 180)
3. Apartment Complexes, Motels, Townhouses, Offic~ Buildings,
Multi-Family Dwellings, etc., S~rved by One Master Meter:
a. $100.00 per each unit of 2 bedrooms or more as shown on
,,he plans submitlr~ fora building penniL (OrcL 180)
b. $50.00 per each 1 bedroom unit as shown on the plans
submitted for a building perraiL (Ord. 180)
c. $50.00 per each separate place of business shown on the
1
plans submitted for building permiL (Ord. 80)
Sec. 3-2-5 EXTENSION OF WATER AND SEWER LINES TO SUBDIVISION AND
WITHIN SUBDIVISIONS OR TO INDIVIDUALS
A. Wher~ extensions of sewer mains are requir~ to serve property which has
been subdivided or platted for development and r~sale, the costs of
approach mains fronting on property not owned by the developer but
requir~ and necessary to connect property to be developed shall be borne
solely by the devel_oper. The sizes of all aforementioned mains shall be
determined by the City. Refunds for main extensions will be as follows:
1. Upon approval and acc~ptanc~ of the system by the City, on any
mains larger than twelve inch (12M) diameter, the City will pay,
upon acc~ptanc~ if funds ar~ available, or will enter into a ro-rata
agreement with the developer, the amount being the ~err°~nce
between the cost of the oversized mains and the twelve inch
diameter mains. (Ord. 180)
2. The City will only r~fund to the subdivider pro-rata charges
to the mains o a
received from applicants who desire to connect f
COPPELL CFfY CODE. ]9C33 EDrlION Chapter 3, Page
dimemr larger than twelve inch(12") or larger with the total refund
not to exceed the mount of the subdivider's cost of the off-site
improvements. (OrcL 180)
3. The maximum period of time for the pro-ram reimbursement to the
subdivider for the off-site mains shall not exceed seven (7) years.
(orcL 180)
B. OVERSIZED MAINS WITBIN SUBDIVISIONS
Developers of subdivisions shall bear the entire costs of water and sewer
systems within or along the boundary of their subdivisions, except that on
any mains larger than twelve inch (12") the City will refund the difference
between the cost of the oversized mains and the twelve inch (12').
Adeq~_~_~t_¢ size of such water and sewer mains shall be determined by the
City. (Ord. 180)
COPPELL CHY CODE. 1993 EDmON Chapter 3, Page 10
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FILE 130PY C
SUBDIVISION ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 341
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, PRESCRIBING RULES
AND REGULATIONS GOVERNING PLATS AND SUBDIVISIONS OF LAND WITHIN THE
CORPORATE LIMITS AND EXTRATERRITORIAL JURISDICTION OF THE CITY OF
COPPELL, TEXAS, CONTAINING CERTAIN DEFINITIONS; PROVIDING FOR A
PRELIMINARY PLAT; PROVIDING FOR A FINAL PLAT AND PROVIDING FOR FINAL
APPROVAL OF SUBDIVISIONS AND SUBDIVISION PLATS; PRESCRIBING REGULATIONS
FOR FILING PLATS, SUBDIVISION CONSTRUCTION, ACCEPTANCE OF SUBDIVISIONS
AND ISSUANCE OF BUILDING PERMITS; PRESCRIBING FEES TO BE CHARGED;
ESTABLISHING JURISDICTION WITHIN THE CORPORATE LIMITS OF THE CITY AND
WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF COPPELL;
REPEALING ANY PART OF ANY ORDINANCE IN CONFLICT WITH THIS ORDINANCE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF
THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00)
FOR EACH OFFENSE AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, by Article 974a, Texas Civil Statutes, the laws of the State of Texas
provide that every owner of any tract of land situated within the corporate limits who
may divide the same in two or more parts for the purpose of laying out any subdivision
of any tract of land or any addition to any town or city, or for laying out suburban lots
or building lots, or any lots, and streets, alleys or parks or other portions intended for
public use, or the use of purchasers or owners of lots fronting thereon or adjacent
thereto, shall cause a plat to be made thereof which shall accurately describe all of
said subdivision or addition by metes and bounds and locate the same with respect to
an original corner of the original survey of which it is a part, giving the dimensions
thereof of said subdivision or addition, and the dimensions of all streets, alleys, squares,
parks or other portions of same intended to be dedicated to public use, or for the use
of purchasers or owners of lots fronting thereon or adjacent thereto; and
WHEREAS, by Article 970a, Texas Civil Statutes, said law of the State of Texas
provides that the governing body of any city may extend, by ordinance, to all of the
area under its extraterritorial jurisdiction the application of the city's ordinance
establishing rules and regulations governing plats and the subdivision of land; and
WHEREAS, the City Council of the City of Coppell, Texas, being so empowered
by law, does hereby promulgate and establish such a plan for the City of Coppell,
Texas, and this ordinance shall hereinafter be known as the Subdivision Ordinance of
the City of Coppell, Texas,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. ADOPTIOM OF SUBDIVISION REGULATIONS
The term sobdiviskm means the division of any tract of land situated within the
corporate limits of the City or within the City's extraterritorial jurisdiction, into two
or more parts for the purpose of laying out any subdivision of any tract of land or any
addition to the City of Coppoll, Texas, or for Lying out suburban lots or building lots,
or any lots, and streets, alleys or parks or other portions intended for public use, or
the use of purchasers or owners of lots fronting thereon or adjacent thereto for the
purpose, whether immediate or future, of creating building sites. Subdivision includes
resubdivision.
The rules and regulation attached hereto, including the attached Appendix A,
are hereby adopted as the subdivision regulations of the City of Coppell and are made
a part hereof for all purposes.
No person shall create a subdivision of land, as hereinabove defined, within the
corporate limits of the City or within the extraterritorial jurisdiction of the City,
without complying with the provisions of these regulations. All plats and subdivisions
of any such land shall conform to the rules and regulations herein adopted.
SECTION 2. REPEALING CLAUSE
All ordinances, or parts of ordinances, inconsistent or in conflict with the
provisions of this ordinance are hereby repealed. The Subdivision Ordinance of the City
in effect as of the date of the passage of this ordinance, Ordinance No. 312, is hereby
specifically repealed.
However, the repeal of existing ordinances by this ordinance shall not affect or
prevent the prosecution or punishment of any person for any act done or committed
prior to the effective date of this ordinance in violation of any ordinance hereby
repealed; and prosecution for such offenses may be instituted and causes presently
pending proceeded with in all respects as if such prior ordinance or ordinances had not
been repealed.
SECTION 3. SEVERABILITY CLAUSE
If any ertiele, paragraph or subdivision, clause or provision of this ordinance
shall be adjudged invalid or held 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
decided to be invalid or unconstitutional.
SECTION 4. PENALTY CLAUSE
Any person, firm or corporation violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a
penalty of fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense,
and each and every day such offense is continued shall constitute a new and separate
offense.
SECTION 5. EFFECTIVE DATE
This ordinance shall take effect immediately from and after the publication of
its caption, as the law in such eases provides.
-- f,
DULY PASSED by the City Council of the City of Coppell, Texas, this the
9th day of October, 1985.
APPROVED:
M ~i'Y'OR
ATTEST:
CIT~/SECRETA~Y
APPROVED AS TO FORM
/ CITY ATTO~EY
C 8
O85-100
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SUBDIVISION ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDNANCE NO. 312
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, PRESCRIBING RULES
AND REGULATIONS GOVERNING PLATS AND SUBDIVISIONS OF LAND WITHIN THE
CORPORATE LIMITS AND EXTRATERRITORIAL JURISDICTION OF THE CITY OF
COPPELL, TEXAS, CONTAINING CERTAIN DEFINITIONS; PROVIDING FOR A
PRELIMINARY PLAT; PROVIDING FOR A FINAL PLAT AND PROVIDING FOR FINAL
APPROVAL OF SUBDIVISIONS AND SUBDIVISION PLATS; PRESCRIBING REGULATIONS
FOR FILING PLATS, SUBDIVISION CONSTRUCTION, ACCEPTANCE OF SUBDIVISIONS
AND ISSUANCE OF BUILDING PERMITS; PROVIDING REGULATIONS FOR STREETS AND
ALLEYS, STREET SURFACING, STORM SEWERS, SANITARY SEWERS, WATER MAINS,
STREET LIGHTS, PARKS, WATER AND SEWER PRO RATA AND ASSESSMENT FOR
THOROUGHFARE IMPROVEMENTs_; PRESCRIBING FEES TO BE CHARGED;
ESTABLISHING JURISDICTION WITHIN THE CORPORATE LIMITS OF THE CITY AND
WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF COPPELL;
REPEALING ANY PART OF ANY ORDINANCE IN CONFLICT ~,'ITH THIS ORDINANCE;
SPECIFICALLY REPEALING ORDINANCE NO. 226 AND SECTIONS 13-1-1 AND 13-1-2
OF THE CODE OF ORDINANCES OF THE CITY OF COPPELL; PROVIDING A
SEVERABILITY CLAUSE; PROVIDINO PENALTIES FOR VIOLATION OF THIS ORDINANCE
NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, by Article 974a, Texas Civil Statutes, the laws of the State of Texas
provide that every owner of any tract of land situated within :he corporate limits, or
within five miles of the corporate limits of any city in the Slate of Texas, who may
divide the same in two or more par~s for the purpose of laying out any subdivision of
any tract of land or any addition to any town or city, or for laying out suburban lots
{
or building lots, or any lots, and streets, alleys or parks or other portions intended for
public use, or the use of purchasers or owners of lots fronting thereon or adjacent
thereto, shall cause a plat to be made thereof which shall accurately describe all of
said subdivision or addition by metes and bounds and locate the same with respect to
an original corner of the original survey of which it is a part, giving the dimensions
thereof of said subdivision or addition, and the dimensions of all streets, alleys, squares,
parks or other portions of same intended to be dedicated to public use, or for the use
of purchasers or owners of lots fronting thereon or adjacent thereto; and
WHEREAS, by Article 970a, Texas Civil Statutes, said law of the State of Texas
provides that the governing body of any city may extend, by ordinance, to all of the
area under its extraterritorial jurisdiction the application of the city's ordinance
establishing rules and regulations governing plats and the subdivision of land; and
WHEREAS, the City Council of the City of Coppall, Texas, being so empowered
by law, does hereby promulgate and establish such a plan for the City of CopDell,
Texas, and this ordinance shall hereinafter be known as the Subdivision Ordinance of
the City of CopDell, Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. ADOPTION OF SUBDIVISION REGULATIONS
The term subdivision means the division of any tract of land situated within the
corporate limits of the City or within the City's extraterritorial jurisdiction, into two
or more parts for the purpose of laying out any subdivision of any tract of land or any
addition to the City of Coppall, Texas, or for laying out suburban lots or building lots,
or any lots, and streets, alleys or parks or other portions intended for public use, or
the use of purchasers or owners of lots fronting thereon or adjacent thereto for the
purpose, whether immediate or future, of creating building sites. Subdivision includes
resubdivision.
The rules and regulations attached hereto including the attached Appendix A,
Specific Requirements and Design Criteria; Appendix B, Pro Rata Assessments; and
Appendix C, Procedure for Assessments of Thoroughfares, are hereby adopted as the
subdivision regulations of the City of Coppell and are made a part hereof for all purposes.
No person shall create a subdivision of land, as hereinabove defined, within the
corporate limits of the City or within the extraterritorial jurisdiction of the City,
without complying with the provisions of these regulations. All plats and subdivisions
of any such land shall conform to the rules and regulations herein adopted.
SECTION 2. REPEALING CLAUSE
All ordinances, or parts of ordinances, inconsistent or in conflict with the
provisions of this ordinance are hereby repealed. The Subdivision Ordinance of the City
in effect as of the date of the passage of this ordinance, Ordinance No. 226, is hereby
specifically repealed along with Sections 13~1-1 anQ 13-1-2 of the Code of Ordinances
of the City of Coppell.
However, the repeal of existing ordinances by this ordinance shall not affect or
prevent the prosecution or punishment of any person for any act done or committed
prior to the effective date of this ordinance in violation of any ordinance hereby
repealed; and prosecution for such offenses may be instituted and causes presently
pending proceeded with in all respects as if such prior ordinance or ordinances had not
been repealed.
SECTION 3. SEVERABILITY CLAUSE
If any article, paragraph or subdivision, clause or provision of this ordinance
shall be adjudged invalid or held 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
decided to be invalid or unconstitutional.
SECTION 4. PENALTY CLAUSE
Any person, firm or corporation violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a
penalty of fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense,
and each and every day such offense is continued shall constitute a new and separate
offense.
SECTION 5. EFFECTIVE DATE
This ordinance shall take effect immediately from and after the publication of
its caption, as the law in such cases provides.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
24th day of July, 1984.
APPROVED:
MAYOR
ATTEST:
APPROVED AS TO FORM
APPENDIX B
WATER & SEkER PRO RATA
AN ORDINANCE OF THE CITY OF COPPELL REGULATING THE INSTALLAT]ON
OF WATER AND SEWER MAIN EXTENSIONS, PROVIDING FOR PRO RATA
CHARGES, PROVIDING FOR REFUNDS, PROVIDING AN ALTERNATIVE METHOD
FOR EXTENDING WATER AND SEWER MAINS, METHOD OF ENFORCING PAYMENT
OF PRO RATA CHARGES, PROVIDING THE EFFECTIVE DATE OF THE
ORDINANCE, AND PROVIDING A SEVERABILITY CLAUSE, REPEAL OF CERTAIN
CONFLICTING ORDINANCES,
BE IT ORDAIHED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1. -DEFINITIONS The following definitions apply in the
construction of this ordinance:
Approach Main - Lines =equtred to lnte=connect p=ope=ty being
developed with the existing wote~ and sewer systems.
Offsite Main - Means same as approach main.
Onsite Main - All water and sewer mains ~equt~ed within o
subdivision.
Temporary Line - Any line const=ucted by a develope~ as an
expedient to develop a pa=ttcula= a=ea not =equl~ed in the Clty's
ultimate development plan.
Appendix B
Service Connection - A votes as saves connection extending
from the main ]the to serve o consumes.
Developed Area - An osea is developed at such time as the City
Council has oppsoved the final plot of o subdivision, and
building pesmtts hove been issued.
Frontage Psopesty abutting etthes side of o wares and/as save=
line.
Pro Rata - A cha~ge made against the consumes as psope=ty ownes
to pay foe ~ep]ocement as extension of votes and sonttasy saves
mains as psovtded foe in this osdtnance.
Consumer - The actual uses of votes fsom o City wares connection.
Property Owners - The seco=d title haldes of psemtses seered with
~tes fsom a connection by the City of Coppall.
Oversize Cost - The diffe=ence between the estimated cost of the
main as built and the cost of the main dete~rained to be the
minimum size =equised to sesve the subdivision.
Section 2. DEVELOPMENT RESPONSIBILITY All psopesty owners
shall b~ postio]ly ~esponsib]e los votes and/at sanitary saves
mains tanning a]ong any plotted streets ot dedicated tight-of-way
~htch fronts theis peapasty. Propestles which lie on o cosne=
rill be ~esponsib]e f0t utility ]tnes enti=e]y across both
leon=ages.
]n the event that no utility lines hove been cons=sacred along
the f=ontoge of o peapasty, it rill be the =esponsibllity of the
Davelopes to b~tng the utilities to his p=ope=ty laxcap= as out-
Appendix B
2
lined belowl and across his frontage to the od)acent property.
In the event that lines have already been constructed a]ong the
frontage, pro rata must be paid for the lines according. to the
terms of this ordinance.
SECTION 3. - PRO RATA CHARGES: The City of Coppall may extend
voter and sanitary sever mains in the streets and alleys, or
easements, vithin the city limJtl of the City of Coppell in order
to permit connections by persons seeking voter and sanitary sever
service. A charge vhtch shall be knovn as the 'Pro Rata" shall
be made against each lot or tract of ]and, and the ovner thereof,
at the time of plotting (or issuance of o building pe~-m~t, if the
property is already platted}, shall pay to the City according to
the relieving rates:
· $10 per front foot for voter mains, vhich amount should
cove~ all appurtenances, valves, hydrants and fittings.
· $10 per front foot for sever mains, vhich amount should
cover the cost of manholes and other appurtenances.
These amounts shall be reviewed periodically by the City
Engineer.
In addition to the pro rata charge on vate~ and sever mains, the
property ovner must pay the tap charges as established by the
City of Coppall.
Appendix B
3
Section 4. - EXTENSION OF WATER AhD SEWER LINES: Upon request of
the owner, or his agent, of a given lot or tract of land, for the
purpose of this ordinance known as 'Applicant" accompanied by the
payment of the charges due under this ordinance, &he City of
Coppoll may extend or cause to have extended, lay or construct
all necessary sanitary sewer and water mains, including valves
and hydrants, o distance of 100 feet plus the distance across the
frontage necessary to provide the service for which application
has been made. The applicant to be served shall be required to
pay the charges heroin provided for, The owners of all
intervening property served by the given main extensions shall be
required to pay the charges provided for heroin at such time as
their property is platted. Where an applicant for service
secured an extension and service under this particular option for
main extension, he shall pay the pro rata charges on all property
owned by him and which is served by the requested extension. ]n
applying the 100 foot rule, the required extension of the main
shall be figured in such o manner as to leave out of the
calculation of that portion of any main adjacent to property
already having other than o temporary service and for which
the pro rata charge thereon has been paid or credited under the
terms of this ordinance. An exception to the above 100 foot rule
shall be made where two or more individual applicants desire
water and/or sewer service and the nearest applicant is more than
100 feet from existing lines, the City of Coppoll will extend or
cause to have extended their mains upon payment of the charge due
Appendix B
unde~ this o~dinonce p~ovided the~e is one customer fo~. every 100
feet of such extension~ excluding street intez:sections and that
portion of the extension ad}acent to p~ope~ty already h'aving
othe~ than temporary wote~ and/o~ sewe~ service.
SECTION 5. - ALTERNATIVE METHOD: At the option of the City of
Coppell the following methods fo~ extending wote~ and sewer mains
may be used vhe=e the opplicont's p=ope=ty is mo=e than 100 feet
f=om on existing wore= o= sewe~ main.
(1) The applicant may deposit with the City of Coppel] the
enti~e p~o ~ata amount due on the line o~ lines and the
City will cause the line to be extended. When and as, p~o
~ato is ~ecetved f~om p~ope~ty owners along this line
seeking to seL-ve thei~ p~ope~ty, the City will ~eimbu~se
the applicant up to the amount of his deposit, less his own
p~o ~ata.
(2) The applicant may, at his option, elect to install the
utility lines at his own expense instead of paying a p~o
zota. The City will p~ovide, if necessa:y, a means to
zeimbu~se him fo~ the p~o ~ato due on the othe~ side of the
line, when and as the othe~ p~ope~ty owne~(sl seek to
p~ovide service to thet~ p~ope~ty. The Deve]ope~ of on
addition o~ plot shall design and p~epa~e construction
plans of wote~ and sanitary sewe~ facilities, o~ eithe~ of
them, to serve the subdivision, including any access of
offsite facilities that may be ~equl~ed. These plans shall
Appendix B
5
conform in a] ] detat] s to the Ctty' s standa=ds as to the
design, gsade, location, size and quality of materjo]s and
constsuc t t on.
SECTION 6. -_REFUND OF COST OF EXTENSION: Whe=e extensions of
been subdivided as plotted los development and sesa]e and the
final plat has been appsoved by the City Counctl~ the City of
Coppall shall constsuct as cause to have constsucted such mains
upon deposit of the total cost of such extensions, including the
cost of app=oach mains f~onting psopesty now owned by the
Davelope=, but necessary to connect the asea los which
application is made with the City of Coppall wates and sewes
system.
The Developer will bear the total cost of construction of offsite
or approaching mains =equt=ed to lnterconnect property to be
developed with existing mains, the sizes to be determined by the
City of Coppall, and with the only sefunds to be the p=o =ota as
collected by the City. Any sefund to the Dave]ape= shall not
exceed the total of the p=o sots chasges, o= the total cost of
the actual construction, whichever is the lasses amount.
These shall be o maximum of ten (101 yeass as the period of
eligibility whesetn the osigina] depositas may sequest a sefund
of pso sara payments under this section. In the event the
abutting p=opezty is not developed du~tng the said ten yeas
pestod, then no =efund shall be made unde= this section. The
Appendix B
6
period of eligibility shall begin as of the date of final
inspection and acceptance of the extensions by the City of
Coppell.
The City of Coppall viII =etu=n all =efunds due f=om othe=
Deve]ope=s vhen and as they a=e =eceived. Ova=size payments and
the Ctty's po=tton of one-sided lines wt]] be =efunded by Jonuo=y
1 of each yeo~ fo= the funds due f=om the p=evious ftsco] yea=.
No =efunds viI1 be made vhtch might =educe the capability of the
vote= and save= fund to maintain its coverage, to meet its annual
budget ob]tgotions and to extend lines acco=dtng to Section ~ of
this o=dtnance. All =efunds due f=om the City fo= ave=size o=
one-sided lines rill be paid in full at one time. ]n the event
of a ]azge =efund being due, the City Council may elect to
include the =efund in a futu=e b~nd p=og=am.
SECTION 7. - COST OF ONSITE MAINS The Davelope= viII boa= the
total cost of onstte mains th=oughout his subdivision vtth sizes
to be date=mined by the City of Coppall, except that the City of
Coppall vt]l =efund the lnc=ement of cost on vote= and
mains ove~ ten inches in diemete=. The lnc=ement of cost bo~ne by
the City shall be determined on the basis of the diffe=ence
betroan the unit p=tces established in this o=dtnance. The
cu==ent unit prices
Appendix B
.1
T
Water
lO' - $12.00 - Per Lineal Foot
32" - 14.00 - Per Lineal Foot
14' - 36.00 - Per Lineal Foot
36" - 39.00 - Per Linea) Foot
20' - 22.00 - Per Lineal Foot
24" - 25.00 - Per Llneo) Foot
10' - 134.00 - Per Lineal Foot
12' - 16.00 - Per Lineal Foot
]f the City has no funds available, it is not required
participate in oversizing costs.
.,SECTION8. - LINES ABUTTING ADJACENT CITIES: In the event that a
water or sewer line is to be constructed along the boundary line
between Coppell and one of its ad)otntng cities, the City will
beat the responsibility for eventually refunding pro ~ta &o the
Deve]ope~ as ~f the C~ty was the property o~e= on the opposite
side. The C~ty will not be ~emponmib]e, however, unless such
]ins is considered essential to the completion of &he ~ste=
plan. Any refunds will be made occo~ding &o &he te~s of Section 6.
SECTION 9. - TEMPORARY LINES: Where temporary lines o~e
constructed as an expedient to develop a particular area, such as
across easements within the subdivision of which no frontage can
be connected, or where sewers a~e constructed which otherwise ate
not required in the ultimate plan of development for the sanitary
sewer system, the Developer will bear the total cost without
refund. Moreover, the Developer or owner will still be liable
for pro rata charges on permanent lines when they ate installed.
Appendix B
8
SECTION 10. - NO FUNDS AVAILABLE: In no event will the City of
Coppall be ~equtred to make extensions unde= the provisions of
this o~dtnance if the=e a=e no funds available on hond'fo~ the
pu=pose.
SECTION 12. - METHOD OF ENFORCING PAYMENT That nothing he~etn
shall be deemed in any way to be on exclusive method of enforcing
the payment of the p~o rata cost against the consumer and
pzope=ty owne=s, and shall not be deemed in any manne~ to be a
watve~ of the Ctty's ~lght to validly assess the pzope~ty ownezs
and/o= consume=s conce=ned fo= cost of &he insto]lotion of
standa=d size wets= and sewe= mains and to fix and enforce liens
against said p=ope=ty, all which may be done as p=ovtded by
o=dtnance in &he manna= pzesc~lbed by law.
SECTION 12. - LIFT STATIONS AND SPECIAL INSTALLATIONS In the
event lift stations o= othe~ special installations a=e ~equl=ed,
the same shall be installed unde~ separate agreements between the
City of Coppall and the Deve]opez.
SECTION 13. - - PRO RATA CHARGES FOR MIANS EXISTING AT THE TIME OF
PASSAGE OF THIS ORDINANCE: All structures existing o~ under
const=uctton fez which tap fees have a]=eady been paid, will be
exempt f=om the pro rata cha~ges fo= the water and sews= mains.
All othe~ p~opezttes, including those abutting wate~ and sewe~
mains which have not al=eady paid tap fees, o= p=evious p=o ~ata
Appendix B
9,
fees, she1] be ~equ~ed to pay the p~o ~ata cha~ges and tap fees
before ~eceJv~ng vate~ and sewe~ services.
SECTION 14. - CHARGES CREDITED TO WATER AI%D SEqwl~__~_~_I_=~__~ Any and
oil iums of money he~einafte~ collected os o p~o ~oto cha~ge o~
deposit fo~ water ond/o~ sewe~ extensions, ot the ~otes set forth
in this o~dtnance, sho]] be credited to the Wote~ and Seve~ Fund
of the City and all ~efunds shall be paid f~om this same account.
The Wote~ and Se~e~ Fund v~]l moJnto~n o capitol fund fo~ future
construction and ~etmbu~sements.
SECTION 15. - PURPOSE OF ORDINANCE, WHERE FRONT FOOT RULE IS
INEQUITABLE, NO VESTE RIGHT, SEVERABILITY CLAUSE: The intent
and purpose of this o~dinance is to p~ovJde an equitob]e cho~ge
fo~ vote~ and sanitary seve~ connections as a p~opo~tionote
distribution of the costs of vote~ and son&to~
extens&ons to serve p~ope~tfel in the City of Coppe]]. In case o
p~ope~ty o~ o t~oct of ]ond is =o situated o~ shaped ~hot the
f~ont foot ~u]e c~eotes on inequitable bosJs as betveen it and
othez t~octs of ]ond &n the City of Coppe]], then~ in that event,
the City Eng&nee~ sho]l dete~ine the p~ope~ cho~ge in accord
vtth the intent and purpose of this o~d&nonce. No
acquire any vested ~lght unde~ the te~s and p~ovJs~ons of th&s
ozdinonce. That the te~ms and p~ov~stons of this o~dtnonce sho]]
be deemed to be seve~ob]e, Jn that if any sect&on~ phase, void
o~ po~t thereof sho]] be deemed to be invo]Jd, the some shall not
affect the vo]Jd~ty of the ~emoJning portions of ~hJs o~dJnonce.
Appendix B
10
APPEND I X CT
CITY OF COPPELL
PROCEDURE USED TO DETERNINE
ASSESMENT FOR TI-IOROUGHFARE IMPROVEMENTS
,Caluulating the Actual Assessment Value Used. The following bid items cost from the actual low bid is
tabulated:
a. Roadway Excavation
b. Lime Slurry
c. Lime Treatment
d. Pavement
e. Curb & Gutter
f. A1] storm drainage
2. Add the design engineering cost for the total pro}act.
(This amount is determined from the curves in "Menua/
published by the American Society of Civi] Englneers. I
Testing and i~spection fees are not included.
3. The sum of the above gives the portion of the pro)act cost
that is to be used for assessment value.
~. The City of Coppell's policy is to relate the above value
to what it would cost to construct a 3?-ft. collector
thoroughfare. This is done by calculating the percentage
(tl of a 3?-ft. wide street compared to the actua] tote]
pavement width of the pro}act at hand.
5. The assessment per front foot is figured from assessment
value above~ divided by total front foot, and multiplied by
the calculated percentage.
Appendix C
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AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 180
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, REGULATING
WATER AND SEWER WITHIN THE LIMITS OF THE CITY; PROVIDING FOR THE
APPOINTMENT OF A SUPERINTENDENT OF WATERWORKS; PROHIBITING AND
MAKING IT UNLAWFUL FOR PERSONS TO INTERFERE, DESTROY, DEFACE, INJURE
OR TRESPASS UPON WATER TANKS, FIRE HYDRANTS, METER BOXES AND OTHER
PROPERTIES MAKING UP THE WATER AND SEWER SYSTEM OF THE CITY; MAKING
IT UNLAWFUL FOR ANY PERSON TO MAKE ANY CONNECTION TO THE WATER
AND SEWER SYSTEM WITHOUT FIRST MAKING APPLICATION TO THE C1TY;
ESTABLISHING WATER RATES; ESTABLISHING RATES FOR SEWER SERVICE;
PROVIDING REGULATIONS TO CONTROL EXTENSION OF WATER LINES INTO
SUBDIVISIONS OR TO INDIVIDUALS; PROVIDING PRO-RATA CHARGES;
ESTABLISHING TAPPING FEES, RE(~UIRING ALL OWNERS OR OCCUPANTS OF
BUILDINGS TO CONNECT TO THE CITY SEWER WHERE THE PROPERTY LINE OF
THE LAND ON WHICH SUCH BUILDING IS SITUATED APPROACHES OR EXTENDS
TO WITHIN ONE HUNDRED FEET (100') OF ANY CITY SEWER MAIN; ESTABLISHING
FEES TO BE CHARGED FOR SEWER SERVICES; PROVIDING REGULATIONS FOR
EXTENSION OF SEWER LINES TO SUBDIVISIONS AND 'INDIVIDUALS; REPEALING
ALL ORDINANCES 'IN CONFLICT WITH THIS ORDINANCE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS
ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00)
FOR EACH OFFENSE; AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. "WR" (WATER REGULATIONS)
WR-1 SUPERINTENDENT OF WATERWORKS: There shah be appointed
by the City a Superintendent of Waterworks and such
Superintendent shall, at the direction of the City Administrator,
perform all duties placed upon him by the City and such other
duties prescribed by the provisions of this Code and State Statute.
WR-2 UNLAWFUL ACTS: It shall be unlawful for any person to do,
commit or assist in committing any of the following things or
acts:
(A) To open or clo6e any fire hydrant, meter box cover or stop cock
connected with the Water,~orks System, or lift or remove the covers
of any gate valve or shut-offs thereof, without the permission of the
Superintendent of Waterworks, except in case of fire, and then under
the direction of officers of the Fire Department.
(B) To interfere with, destroy, deface, injure or wantonly force open any
gate or door, or in any way whatsoever destroy, injure or deface any
part of any engine house, reservoir, stand pipe, elevated tank, building
or buildings, or appurtenances, fences, trees, shrubs or fixtures or
property appertaining to the waterworks system.
· (C) To go upon or ascend the stairway or steps, on any elevated 'water
storage tank or stand pipe of the Waterworks System, except by
permission of the Waterworks Superintendent, and the City
Administrator.
(D) To place any telegraph, telephone, clectrie light pole or any obstruction
whatsoever within three feet (3~ of any fire hydrant.
(E) To resort to any fraudulent device or arrangement for the purpose of
preeuring water for himself or others from private eonnectiorm on
premises contrary to the provisions of this Code.
(F) To place upon or about any fire hydrant, gate, valve or curb cock
connected with the Waterworks System any object, material, debris or
structure of any kind, or to interfere in any manner whatsoever with
any of the waterworks, or* tO'turn on the water after service has been
discontinued.
(G) To park a vehicle within fifteen feet (159 of any fire hydrant.
(H) To make or permit to be made any connections with the main or
serviee pipes or the Waterworks System or to turn on or use the water
of the System without first obtaining a permit therefor.
(I) To remove any water meter or water meter lid that has been placed
by the City, or to in any manner change, interfere with or tamper with
any water meter or water meter lid; providing that the provisions of
this Section shag not app}y to the employees of the City when acting
in their offieial capacity; or,
(J) To have in one's possession a key or master key that will unlock water
meter lids. This subsection does not apply to City officials or employees.
WR-3 APPLICATION FOR CONNECTION: It shall be unlawful for any
person to make any connection to the mains or pipes of the
Waterworks System without first making application to the City,
stating fully the several and various uses for whieh water is
wanted, giving the name of the property, the number of the lot
and block, name of the street and house number. Upon the
payment of the tapping fee, the Superintendent shall make, or
have made, the naeessary connections and furnish a curb atop
box and eufo cock, the cost of whieh is included in the tapping
fee, and every premises not now equipped with the curb stop
box and curb cock and connected with any water main, or being
supplied with any water from the Waterworks, shall have a
separate service connection, curb stop box and curb eoekinstalled
by and at the expense of the owner of the premises. If the
application is approved by the Superintendent of Waterworks, .a
permit will be issued. All fees and eharges shall be paid for at
amounts and rates fixed by Section WR-14 of this Cede.
WE-4 WATER RATES: The monthly rates or charges for sarviee
furnished by the City waterworks system for singie-family
dwellings shall be as follows:
First 2,000 gallons (minimum) $5.00 -
AJ~ over 2,000 gallons ~$1.50 per 1,000 gaL
The' monthly rates or ehgrges for se~viees furnished by the City
waterworks .system for nonsingle-family dwellings, such es but
not limited to apartment or multi-family complexes, mobile home
parks, hotels and motels, office bullclings, townhouses,
eoudominiums, or other users wherein there is one master meter
which serves more than one unit shall be the same rates as set
forth for singie-family dwellings above, based upon an average
usage for eaeh user from the master meter multiplied by the
number of users of such meter. For clarification and example,
if an apartment house had ten (1O) units and the master meter
indicated seventy theusaud (70,000) gallons of water consumption,
the average use would be seven thousand (7,000) gallons, yielding
a rate of $12.50 for each unit multiplied by the total number
of units (ten) (10) equaling a total bill of one hundred twenty
two dollars fifty cents ($125.00) to be paid by the customer.
For motels, divide total number of rooms rented by thirty (30)
(representing days) for total units to be billed.
WR-5 DISCONTINUANCE OF SERVICE: Any person wishin~ to
discontinue the use of water supplied from the Waterworks System
must give notice thereof to the .City, otherwise the charge will
be entered until such notice has been given. The eharge for
shutting off and turning en of such service shall be five dollars
($5.00).
WR-6 REPORT LEAKS: It shall be the duty of an employees of the
City, including officers and members of the police force to report
to the Superintendent of Waterworks, upon blanks furnished for
that-purpose, any leaks or unnecessary waste of water that may
eome to their attention, also any violation of this' Ordinance.
WR-7 METERS: All meters whether private or belonging to the
Waterworks S~tem shall be set by the employees of the City.
ff the meter fails to register, the eonsumer will be charged at
_ the a~erA~e da~y consumption as shown by the meter when in
order. All water that passes through the meter shall be charged
for, whether used or not.
WR-8 SEPARATE METERS REQUIRED: Each consumer of wate~ living
in a separate house must have a separate connection and meter
for each house; provided, that in eases of hardship or where a
residence is not in reach of a City water main, arrangements
may be made, at the option of the City, to secure water from
another user of City water.
WR-9 REPAIR WATER LINES: In the interest of water conservation,
if at any time water lines and connections from the meter loop
connection into the residence, house, barn, business, yard or
similar places become rusted out, broken or in general
deteriorated, it shall be the duty of the owner of the premises
to place his lines in a good and serviceable condition. The
replaced and repaired lines must meet specifications laid down
by the City Plumbing Code.
WR-10 METER DEPOSIT: Each water consumer shah make a meter
deposit in at least the sum of twenty dollars ($20.00). Should
a twenty dollar ($20.00) deposit be insufficient to pay an average
monthly bill or if experience has proved that a customer does
not pay water bills promptly, and as due, the City Administrator
may requi.re the meter dep,o.s,..lt .t~.,be in any sum deemed necessary
to protect the City. Such meter deposit may be applied to the
payment of any water and sewer overdue to the City. Any
unused portion of the deposit shall be refunded to the consumer
at any time service is discontinued.
WR-11 WATER RATIONING: The Mayor, or in his absence the Mayor
Pro Tern of the City, may-when necessary to do so to protect
'ti~ citizens of the City, order a rationing system suited to the
emergency then existing, by deeiaring an emergency.
WR-12 EXTENSION OF WATER LINES TO SUBDIVISION AND
WITHIN SUBDIVISIONS, OR TO INDIVIDUALS:
= (A) Where extension of water mains ere required to serve proparty which
has been subdivided or platted for development and resale, the costs of
' approach 7trains fronting on property not owned by the developer but required
and neeessery to cenneet property to be developed shall be borne solely by
the developer. The sizes of all aforementioned mains shall be determined
by the City. Refunds for main extensions wffi be as follows:
1. Upon approval and acceptance of the system by the City, on any mains
larger than twelve inch (12") diameter, the City win pay, upon acceptance
if funds are available, or will enter into a pro-rata agreement with the
developer, the amount being the differenee between the cost of the
oversized mains and the twelve inch (12") diameter mains.
2. The City will only refund to the subdivider pro-rata charges received
from applicants who desire to connect to the mains of a diameter larger
than twelve inch (12") with the total refund not to exceed the amount
of the subdividerkJ cost of the off-site improvements.
3. The maximum period of time for the pro-rata reimbursement to the
subdivider for the off-site mains shall not exceed seven (7) years.
(B) Oversized Mains Within Subdivisions. Developers of subdivisions shall
bear the entire costs of water and sewer systems within or along the
boundary of their subdivisions, except than on any mains larger than
twelve inch (12") the City will refund the difference between the cost
of the oversized mains end the twelve inch (12"). Adequate size of
such water and sewer mains shall be determined by the City~ .......
WR-13 PRO-RATA CHARGES: The City may extend water and sanitary
sewer mains ~in the streets and alleys, or easements within the
City limits in order to permit connections by those persons
desiring water and sanitary sewer services. A charge, known as
"pro-rata," shall be made against each 'lot or tract of land, and
the owner thereof~ -whose water line. shall he hereafter connected
with any water mains in the City~ shah he charged the following
rates:
(A) Two Hundred Dollars ($200.00) per acre of land to which water
eormections are made on a line.
(B) Four Dollars ($4.00) per front foot of the lot or tract of land of five
(5) acres or le.,s which water connection is made.
In addition to the pro-ram charge on water end sewer mains, the
property owner must pay the connection charges as established by
Section WR-14.
The maximum period of time for the pro-rata reimbursement to the
original depositor for off-site mains shall not exceed seven (7) years.
WR-14 TAPPING CITY MAINS
(A) Water: The tapping fee for connection with the Waterworks System
shah be:
3/4" $175.00
1" $200.00 plus cost of materials and labor
11/2" $250.00 plus cost of materials and labor
2" and over Total cost of materials and labor
EXCEPT in the ease of apartment complexes, mobile home parks, office
buildings, motels, townhouses, multi-family dwellings, etc., and all other
facilities other than single family dwellings served by one master meter,
in which ease the charges shall be:
(1) Mobile Home Parks: $50.00 per each mobile home space and total
cost of materials and labor for the master meter.
(2) Apartment Complexes, Townhouses, Office Buildings, Multi-Family
Dwellings, etc. Served by One Master Meter:
(a) $50.00 per ceeh unit of 2 bedrooms or more shown on the plans
submitted for building permit.
Co) $45.00 per each i bedroom unit shown on the plans submitted
for building permit.
(e) $45.00 per each separate place of business shown on the plans
submitted for building permit.
SECTION 2. "SR" (SEWER REGULATIONS)
'- SR-1 CONNECTION TO SEWER REQUIRED: All owners:or occupants
of buildings, or agents for the owners, situated in any section
of the City where a sanitary sewer now exists, or where it may
hereafter exist, and where the property line of~the land on which
any such building is situated approaehes or extends to within one
hundred feet (100~ of any sueh sewer are hereby required to
eonstruet or eatme _to I~e ~}~stru~ed suit~l~l~ water closets.
their property, and connect the same with the City sewer, under
the supervision of the Plumbing Inspector provided however, that
where there now exists a septic tank in proper sanitary working
eondition, it may be permitted to remain in ~ase unti~ such time
as it may be found to be unsanitary and in this event, it may
be ordered removed by the Plumbing Inspeetor upon ten (10) days
notice to the owner thereof, and all facilities shell be eoeneeted
to the City sewer, within ninety (90) days after service is
available. It shah be the duty of any such property owners or
occupants of such property to keep and maintain the water closet
and connection thereof in perfect condition and free from any
obstruction, and it shall be unlawful for any person to build or
use any privy vault above or below the ground in the City or on
any lot or pereal of land. All persons now having such privies
in such locations ere hereby required to abate the same within
thirty (30) days after notice by the Plumbing Inspection, to do
so, and to construct and to put in water closets and connect the
same with the City sewer.
SR-2 SEWER RATES: The monthly rates or charges for services
furnished by the sanitary sewer system of the City for single-
family dwellings shall be based on the amount of meter water
_ which is furnished during the month as fonows:
First 1,000 gallons (minimum) $4.00
An over 1,000 gallons ~$.55 per 1,000 gaL
Sewer Service Only (Flat Rate) $7.85
Each residential, units, apartments, multi-family dwellings, or
mobile home parks ~ be billed a minimum charge plus
consumption up to the maximum of 14,000 gainions of metered
water per unit.
SR-3 PRO-RATA CHARGES: The City may extend sanitary sewer
mains in the streets and aneys, or easements within the City
Hmits in order to permit connections by those persons desiring
sanitary sewer service~ A charge, known as "pro-rata," shall be
, made against each lot or tract of land, and the owner thereof,
whose sewer line shall be hereafter connected with any sewer
mains in the City, shah be charged the foliowing rates, which
ratas are a portion of the total cost of such sewer mains:
(A) Two Hundred Dollars ($200.00) per acre of land to which sanitary sewer
connections are made on a line.
(B) Your Dollars ($4.00) per front foot of the lot or tract of land of five
acres of less to which sanitary sewer connection is made.
SR-4 TAPPING CITY MAINS
(A) Sewer: The tapping fee for connection with the Sanitary Sewer System
shall be:
(1) 4" $150.00
6" and larger Total eost of materials and labor
(2) Mobile Home Parks: $100.00 per each mobile home space and
totai cost of materials and labor.
(3) Apartment Complexes, Motels, Townhouses, Office Buildings,
Multi-Family Dwellings~ ete, Served by One Master Meter:
(a) $100.00 per each unit of 2 bedrooms or more as shown on
the plans submitted for a buildin~ permit.
(b) $50.00 per each I bedroom unit as shown on the plans
submitted for a building permit.
(e) $50.00 per each separate pla~ee of business sllo~wn on. the plmls
submitted for building permit.
SR-5 EXTENSION OF WATER AND SEWER LINES TO SUB-
DIVISION AND WITHIN SUBDIVISIONS OR TO
INDIVIDUALS
(A) Where extensions of sewer mains are re(]ulred to serve property which
has been subdivided or pitted for development and resale, the cests
of approach mains fronting on property not owned by the developer
but required mind necessary to connect property to be developed shall
be borne solely by the developer. The sizes of all aforementioned
mains shall be determined by the City. Refunds for main extensions
will be as follows:
(1) Upon approval end acceptance of the system by the City, on any
mains lsr[Cer than twelve inch (12n) diameter, the City will pay,
upon acceptance ff funds are available, or will enter into a pro-rata
agreement with the developer, the amount being the difference
between the cost of the oversized mains and the twelve inch (12')
diameter mains.
(2) The City will only refund to the subdivider pro-rata charges
received from applicants who desire to connect to the mains of
a diameter larger than twelve inch (12n) or larger with the total
refund not to exceed the amount of the subdivider~ cost of the
off-site improvements.
(3) The maximum period of time for the pro-rata reimbursement to
the subdivider for the off-site mains shah not exceed seven (7)
years.
(B) Oversized Mains Within Subdivisions. Developers of subdivisions shah
beer the entire costs of water and sewer systems within or along the
boundary of their subdivisions, except that on any mains larger than
twelve inch (12") the City will refund the difference between the cost
of the oversized mains and the twelve inch (12"). Adequate size of
such water and sewer mains shah be determined by the City.
SECTION 3. "WS" (WATER AND SEWER REGULATIONS)
WS-1 LIABILITY FOR MATERIALS: Each property owner or subdivider
shah furnish materials and shall install all water service lines
and sanitary sewer laterals from the mains to the structures at
his own cost and expense to meet the standard details.,, and
specifications and the approval of the City,, except that the City
will furnish the meters, necessary fittings, and meter boxes for
the water service lines and will complete the meter installations
and connections. For the cenneetions to the mains and for
furnishing and installing water meters.
· WS-2 PAYMENT OF BILLS: The rates and charges fixed and prescribed
for the waterworks, and sanitary systems shah be paid
simultaneously by users to the City, on the billing date shown
on the monthly statement, which shall be the date such rates or
charges shall become due or payable unless otherwise indicated,
and the City shah refuse to accept the payment for a part of
such service unless the enti~e amount du~ from the respective
user or customer for all services supplied and billed is paid. In
ease any user or customer of such sarviees does not pay the
amount due by such user or customer within ten (10) days from
the date the same becomes due and payable, it is hereby made
the duty of the City to issue a notice of "Discenneet of Service
Until Paid in Full," together with notice of a five deHar ($5.00)
reeonneet charge. When payment is made, service may be
resumed. Any payment made by personal cheek will be subject
to a five dollar ($5.00) service eharge if the eheek is returned
by the bank for any reason.
WS-3 TRANSFER ACCOUNT: Any person owing water, or sewer fee
and removing to other premises where there are water connections
or where connections are thereafter made, shall before being
permitted to use the water pay all formar delinquencies. Further
a person~J unpaid water an~ sewer fee may he transferred to
another premises where water service is currently in use when
two (2) or more services are being rendered to the same person
at the same time and one is disconnected.
' WS-4 NO FREE SERVICE: No free service shall be allowed, and to
the extent that the City or any of its departments avail
themselves of. the services and facilities afforded by the
waterworks and sanitary sewer system~ they shall pay therefor
the same ,ates and charges herein prescribed for other consumers.
SECTION' 4. REPEALING CLAUSE
All ordinances~ or parts of ordinanees~ inconsistent or in conflict with the
provisions of this ordinance are hereby repealed.
SECTION 5. SEVERABILITY CLAUSE
If any article, paragraph or subdivisior~ clause, phrase, or provision of this
ordinance shall be adjudged invalid or held uneonstitutional~ the same shall
not affect the validity of this ordinance as a whole or any part or provision
thereof, other than the pert so decided to be invalid or unconstitutional
SECTION 6. PENALTY CLAUSE
Any person, firm or cerporation violating any of the provisions of this
ordinance shall be deemed guility of a misdemeanor and~ upon conviction,
shall be punished by a penalty of fine not to exceed the sum of Two Hundred
Dollars ($200.00) for each offense, and each and every day such offense is
centinued shall constitute a new and separate offense.
SECTION 7. EFFECTIVE DATE.
This ordinance shall take effect immediately from and after the publication
of ils eaption~ as the law in such eases provides.
DULY PASSED by the City Council of the City of Coppell, Texas, this
23rd day of May , 1978.
APPROVED:
~: MAYOR
ATTE~:
APPROVED AS TO FORM:
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5' Pub, U-hL
ENCLOSED STORM SEWER EASEMENT
AND UNDERGROUND PUBLIC UTILITY EASEMENT
THE STATS OF TEXAS X
X KNOW ALL MEN BY THESE PRBSENTS:
COUNT~ OF DALLAS X * '. ....[[~
THAT, the undersigned, THlLAND/NORTHSTED JOlNT VENTURE, a
Texas Joint venture, acting he~ein by and through its duly
authorized agent and manager, TRILAND DEVELOPMENT, INC.,
berethalter referred to as Grantors, whether one or more, for and
in consideration of the sum of ONE DOLLAR ~;1.00) to Grantors zn
hand paid by the City of Coppell, Texas, the receipt of which is
hereby acknowledged and the further cor, stderation that the b~nefits
to be derived by Grantors from the placing of storm sewers and
underground public utilities, including and limited to water mains,
sanitary sewer mains, 9as mains, underground electric lines,
under round telephone and telegraph lines and underground cable for
security services and
television,
through the premises hereinafter
described, have this day granted and conveyed and by these presents
do hereby grant and convey unto the City of Coppe11, Texas, a
Municipal Corporation, situated in Dallas Count~, Texas, an
easement to construct, reconstruct and perpetually maintain
enclosed storm sewers and underground public utilities, including
and limited to water mains, sanitary sewer mains, gas mains,
underground electric lines, underground telephone and telegraph
lines, and underground cable for security services and television
and surface facilities as required, but in no case the use of
overhead aerial facilities, or authorize such construction by any
public utility company, in, upon and across the following described
land, to-wit:
All that certain tract, piece or
parcel of land lying and being
situate~ in the County of Dallas,
State of Texas, described in Exhibit
"A" attached hereto and made ~ part
hereof for all purposes, to which
reference Is hereby made for a more
particular description of sai~
property (the 'Easement Area")~
TO HAVE AND TO HOLD, the same to the City of Coppell, its
successors and assigns, together with the right and privilege at
any and all times to enter said premises or any part thereof, for
the purpose of constructing and maintaining said storm drainage
facilities and underground public utilities, and for m~kin9
connu~tions therewith, provided, h~wever, the foregoing 9r~nt, ssle
and conveyance of the Easement Area is expressly subject to thrr
following condittons~
1. In the event that the Grantee, its successor/; ant/,'or
assigns discontinue the use of the Easement Area for the purposes
described hereinshore, this Easement shall t~:rmtnate and be of no
further force and effectl
2. If, in exercising Grantee's rights in such Easements Area
or areas appurtenant thereto, Grantee causes any change in or
injury to the Easement Area, the property appurtenant thereto or
any improvements on said Enscmcnt Area or the property appurten~nt
thereto, Grantee, within a reasonable time after the exercise of
such rights, shall reasonably restore the Easement Area, the
property appurtenant thereto and/or such improvements to a similar
condition existing prior to the change or injuryt and
85039 3826
3. This grant is made subject to the rights of the public and
Grantor to use the surface of the Easement Area for pedestrian and
vehicular ingress, egress and access to and from property
appurtenant to such Easement Area a~md such other uses as do not
unreasonably interfere with the permitted use of the Easement Ares
by Grantee.
EXECUTED this 8th day of February, 1985.
TRILAND/NORTHSTED JOINT VENTURE, a
Texas Joint venture, acting herein by
and through its duly authorized agent
and manager, Triland Development, Inc.,
SY:~~d ~. ~ea~-~Lesident ~
STATE OF ~[AS X
COUl~ OF DAMAS X
BEFORB BE, the undersigned authority, a Notary Public ~n and
for the said State on this day personally appeared Edward P. Rea,
President of TRILAND DEVELOPMENT, INC, the duly authorized agent
and manager of TRILAND/NORTBSTED JOINT VENTERE, a Texas Joint
vpn~ur~, knnwn to me to be
subscribed to the foregoing instrument and acknowledged to me that
the same was the act of said TRILAND DEVELOPNENT~ INC., in its
capacity as agent and manager for TRILA~/~ORTBBTRD JOINT VENTURE,
and that he executed the same lot the purposes and consideration
therein expressed, in the capacity therein ~tated and aH the act
and deed of said TRILAND DEVELOPMENT, INC, on behalf of
TRIIAND/NORTESTED JOINT VENTURE.
GI~__~ UNDER HY HA~D AND SEAL OF OFFICE this
8th day of February, 1985.
My Commission Expires
/1 r t '7
85039 3827
LIENHOLDER'S CONSENT AND SUBORDINATION
The uhd r~igned holder of liens against the Easement Area set
f ~ .h here'r ~bove hereby consents to the grant of this Easement
and agcees ~at t~.. liens evidenced by that certai~ Deed o? Trust
(~i~ ~e~ut'it~, ~greement and Aus~gnLent of Rents at.d Lea~B) dated
September .... ~984 executed by ~RIL&ND/NORTBSTED OOINT VBN'~E to
Ba:ry D. Dress, TrUstee, recorded in VolumeS4178, P~ge 01~9, Deed
of Trust Records, Dalla~ Cour, ty, Texas, securing paymopt of one
c~rtain Promissory Note of even date therewith in th~ original
~rincipal amomt of $8,500,000.00, p~au~c to the order of the
undersigned ~ompany and he~d b~ ~uch holder are h~reby
s~.b~d~nated, in all respects, to the p~ovisio, s of such Easemen~
Agreement.
,,~. THB .fiTATE OF TEXAS X
.' .' X
"' ' COUNTY" OF DALLAS X
· BEPORB MB, the undersigned aut;horl Ly, a Notary Public in and
'/'. , c. ._of ROYA,. BANK OF CANADA,
kno~,n to me to be the person and officer whose name i s subscribed
to the foregoing instrument, and acknowledged to me that hi.
eyecured ~hc same foe the pucpc. ucJ ap.d conLlde~-atton therein
expressed.
o Texas
(Printed o~ Typed Name o~ Notary)
My Commission Expiresz
85039 3.828
Exhibit "A" Page 1 of [
5' PUBLIC UTILITY EASEMENT
IN THE CITY OF COPPELL, TEXAS
TRACT B1
BEING a tract of land situated in the SinSleton Thompson Survey, Abstract No.
and heine in the City of Coppell, Dallas County, Texas, and heinz part of a trnct of
land conveyed to Triland/Northsted Joint Venture as recorded in Volume 82118, Pate
0213 of the Deed Records of Dallas County, Texns and heine more particularly
described as follows:
CONNENCING at an iron rod found at a point on the wart ~bstract line of said
Sin21eton Thompson Survey said line bein2 common with the east abstract line of
J. C. Cook Survey, Abstract no. 315, said point also beln2 on the south riSbt-of-way
line of Belt Line Road, said point also bein2 the northwest property corner of said
Triland/Northsted Joint Venture;
THENCE South 85°42'35" East, alon2 said south ri2ht-of-way llne, s distance of
526.61 feet to a point for a corner;
THENCE South O°10'00'' Went, a distance of 15.04 feet to the POINT OF BEGINNING, said
point bein2 at the southwest corner of nn existlnS 15 foot wide public utility
easement as recorded in Volume 84217, Pa2e 4004 of said Deed Records;
THENCE South 85°42'35" East, aloq the south easement of said existinz 15 foot wide
public utility easement, a distance of 5252.06 feet to a point for a corner, said
point heine on the west property line of a tract of land conveyed to Explorer
Pipeline, as recorded in Volume 71139, PaSs 1160 of said Deed Records;
TIIENCE South 5°01'56" East, aloq said west property llne, a'distance of 5.07 feet
to a point for s corner, said point beln2 on the south line of said proposed public
utility easement;
TIIENCE North 85042°35" West, alons said south easement line, a distance of 5252.52
feet to a point for a corner;
THENCE North 0°10'00'' East, a distance of 5.01 feet to the POINT OF BEGINNI!~ AND
~ONTAINING 26,261 square feet or 0.6029 acres of land more or less.
8503 3829
u
FEB
:01 NBIII3B
"" -. C::'i'j:~ 85(139 3831
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ENCLOSED STORM SEWER EASEMNT
AND UNDERGROUND PUBLIC UTILITY EASEMENT
TBB 8'!a'X'I O~ TiXk8 X
COUMS~O, DALLA8 X
T~T, the unde~signed, TRILAND/NORTHSTED JOINT VENTURE, a
T.xao Joint venture, acting herein by end through its duly
authorized agent and manager, TRILAND DEVELOPMENT, INC.,
hereina~ter re~crred to as Gr~ntors, whether one or more, ~or and
in consideration o~ the sum of ONE DOLLAR ($1.00) to Grantors in
hand paid by the C~ty of Coppall, Texas, the receipt o~ which is
heteb} acknowledged and the further consideration that the bene~it~
to be derived by Grantors ~rom the placing of storm sewers and
underground public utilities, including and limited to water mains,
sanitary sews: mains, gas mains, underground electric lines,
under round te*~phone and telegraph lines end underground cable
security services and television, through the premises hereinafter
described, have this day ~ranted and conveyed and by these presents
do hereby grant and convey unto the City of Coppell, Texas, a
auniclpal Corporation, situated in Dallas County, Texas, an
easement to construct, reconstruct and perpetually maintain
enclosed storm sewers and underground public utilities, including
and limited to water mains, sanitary sewer mains, gas mains,
underground electric lines, underground telephone and telegraph
lines, and underground cable for security services and television
and surface facilities as required, but In no case the use
overhead aerial facilities, or authorize such construction by any
public utility co:,pany, in, upon and across the followin~ described
land, to-v~tz
All that certain tract, pi,~:e or
parcel of land lying and being
situated in the County o~ Dallas,
State of Texas, described in Exhibit
saw attached hereto and made a part
hereof for all purposes, ':o which
reference is hereby Bade ~or a more
particular description of said
property (the "easement Area");
f~) HAVBABDTO BO~D, the same to the City of Coppall, its
successors and assigns, together with the right and privilege at
any and all times to enter said premises or any part thereof, for
the purpose of constructing and maintaining said s~c m drainage
facilities and underground public utilities, and £or making
connections therewith, provided, ~ever, the ~oregoing grant, sale
and conveyance of the easement Area is expressly subject to the
following conditions:
1. In the event that the Grantee, its successors and/or
assigns discontinue the use of the Easement Area ~or the purposes
described hereinabove, this Easement shall terminate and be o~ no
further force and effect~
2, If, i~ exercising Grantee*s rights in such E~ements Area
or areas appurtenanL thereto, Grantee causes a~y change in or
injury to the Easement Aces, the property appurtenent ~hereto or
any improvements on said Easement Area or the property appurtenant
thereto, Grantee, within a reasonable time after the exercise of
such rights, shall reasonably restore the Basement Area, the
property appurtenant thereto and/or such improvements to a similar
condition existing prior to the change or in~ury~ and
3, This grant is made subject to the rights of the public and
Grantor to use the surZace oZ the Easement Are~ for pedestrian and
vehicular ingresse egress and access to and fros property
appurtenant to such Zssement Area and such other uses as do not
unreasr'sbly interfere with ~he permitted usa o~ the Zz3ement Ares
by Grantee.
EXECUTED this 3rd day of October, 1984.
TRILAND/NORTHSTED JOINT VENTURE a
Texas Joint venture, acting herein by
and through its duly authorized agent
and manager, Triland Development, ~nc.,
a Texas Corporation
Byz -~,4d
BTATB OF TBIAB
l
COUITY SIP DAM, AS sr
BBPORB HEr the undersigned authority, a Notary Public in and
for the said State on this day personally appeared Edward P. ~ea,
President of TlZZddlD DWJlr~O~Nll~; XIC; ths duly author/sod agent
and manager o~ TRIr, AID/ItORTBBTBD JOIST VBBTUI~ a Texas Joint
venture, known to ~e ~ ~e ~ person and o~fice~ whose name is
subscribed to the foregoing instrument and acknowledged to me tha~
the ~,ame was the act of said TaILAND DBVBLOPMESTe INC.~ in i~s
capacity as agent and manager for TRILA!QD/BOI~HSTBD JOINT VBNTURB~
and that he executed the same for ~he purposes and consideration
therein expressed~ in the capacity ~herein s~ated sad as the ac~
and deed of said TRILAND DRVBLOPMBNT~ INC~ on behalf of
TRILAMD/BORTHBTBDJOINTVBBTURB.
_ day of, //'~'~/~-- , 1984,
Notary '~e of ~,xas '
My Commission Expiresz
..... II-/o-t ?
2
', :CL'
LIENHOLDER'S CONSENT AND SUBORDINATION
Th, undersigned holder of liens against the Basement Area sat
forth. hereinabove, hereby consents to the grant of this Sagemonk
and agrees that the liens evidenced by that certain Deed of Trust
{with Security Agreement and A~signmont st Rents and Leases} dated
September 5, 1984 executed by TRXLMID/BOITBSTBDJOIIITVBBTURN to
Berry D. Dress Trustee, recorded in Volume 84178, Page 0129, Dead
of Trust Records, Dallas County, Texas, securing payment o~ one
certain Promissory Note o~ even date therewith in the original
principal amount o~ $8,500,000,00, payable to the order o~ the
undersigned ~nk and held by such holder are hereby subordinated,
in all respects, to the provisions st such Easement Agreement.
THB 8TATB St l~ZAg X
comn~ot~ z
BBFORB aS~ the undersigned authority, a Notary Public in and
tar the State el Texas, on this day personally appeared
"7'.L. (~/~4~_,~3 known to me to be the
person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and
consideration therein expressed,
GXVNB UilDBR N! HA!IDAflD BBAL OF OFFIrK th~s T~-~ .
day of ../~/'~/-~ , 1984.
~tary ~ublic/s"~a~e o~ T~as
(Printed or Typed Name of Notary)
Commission Expires:
. Vt; "' ": C.E
VC!L · ~ ul:
EXHIBIT A
15' PUBLIC UTILITY EASEMENT
IN THE CITY OF COPPELL, TEXAS
TRACT A
BEI~ s tract of land for s pro~s~ .blic u~llity easeant (15 feet vide)
iu the SinSleash ~oupeou Survey, Abstract No. 1~93, and baRnS in the City
Coppall, Dallas CouuC7, Tezaa, and baRnS part of s tract of laud conveyed to
~iland/NorthsCed Joint Yuture as r~orded in Volue 82118, PaSs 0213 of the Deed
Records o~ Dallas County, Texas and ~inS ~re pr~i~ulsrl7 described as follm:
BEGINNING st sn iron rod found st s point on ~he ves~ llne of .id SinSleton
~ospson Survey end Che east line of the J. C. Cook Su~ey, ~bstrect ~. 315, said
poinC baRnS ~ the south r~ht-of~ay line of Belt Line ~sd (120 feet vide), said
point also bein8 the uorthves~ property corner of said Trilind/Northsted Joint
V~ture;
~EHCE South 8~0~2'3~' East, slonB said south rilht-of-v/y line, a distance
386.2~ fee~ to a ~int for a corner;
~ENCE ~ouch 0°10'00' Mesa, s distance cf 1~.0~ fee~ to s ~iut for a corner, said
point be~.=S on the souch line of said proposed ~blic u~ility
~ENCE No=th 8~°~2'3~' West, slous said sou~h ess~en~ line, a distance o[ 386.20
fee~ to a poin~ for a co~er, said ~in~ beinS on the vest property line
Trilend/Nor~hoted Joint Venture;
~CE ~rth 0°01'27" East, alone said vest property line, s distance of 15.0~ feet
to the POINT OF BEGI~ING ~ CONFINING ~,793 square feet or 0.1330 acres of land
~re or lell ·
TR~V,T ,,4 _ F..
Tt~,.~Ni~ I:~VE:L~I~NT ~,6.
&l.~qel 14. I~4.FT A4,e/,IAI'£~, 3rN(.
V f.: ..' '~* ,- (. f2
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· ENCLOSED STORM SEWER EASEMENT
AND UNDERGROUND PUBLIC UTILITY EASEMENT
~T~ the undersigned, TRILAND/NORTHSTED JOINT VENTURE, a
Texas ~oint 7suture, acting herein by and through its duly
authorised agone end manager, TRILAND DEVELOPMENT, INC,~
hoteLhalter ,eretrod to as Grantors, whether one or more, for and
in consideration o~ the sum of ONE DOLLAR (~,00) to Grantors in
hand paid by the City of Coppall, Texas, the receip~ of which is
hereby acknowledged end the ZurCher consideration ~hat the benefits
co be derived by Grantors from the placing of storm sewers and
underground public utilities, including and limited to va~er mains,
sanitary sever mains, gas mains, underground electric lines,
underground telephone and telegraph lines and underground cable
uecuriCy services and television, ~hrough the premises hereina~er
described, have ~his day granted and conveyed and by these presents
do hereby grant and convey un~o the City of Coppall, ~exas, a
Sunicipal Corporation, situated in Dallas County, Texas,
easement Co consCruc~ reconstruct and perpet,~a~ly mainta,n
enclos~ storm severs and underground public u~il/Cies, including
and limited to vate~ mains, sanitary sever mains, gas mains,
underground electric lines, underground ~ele~hone and ~elegraph
lines, and underground cable ~or security ~efvi. ces and television
and surface facilities as required, bu~ in no case the use
overhead aerial facilities, or authorize such construction by
~blic utility com~ny, in, u~n and across the following described
land, to-wit:
d
All that certain tract, piece or
parcel of land lyiAg and being
situated in ~he County of Dallas,
Scare of Texas, described In Exh/bl~
wan a~tached hereto e~d made a part
hereof for all purposes, Co which
reference is hereby made for a more
particular description of said
proper~y (the *Easemen~ Area*);
TO HAVE AND rO BOLD, the same to the City of Coppell, its
successors and assigns, together with the right and privilege at
any and all times to enter said premises or any part thereof, for
the purpose of constructing and maintaining said storm drainage
lacilitie~ and underground public utilities, and for making
connections therewith, provided, hot,ever, the foregoing grant, sale
and conveyance of the Easement Area is expressly subject to the
tollowing conditionst
X. In the event that the Grantee, its successors and/or
assigns discontinue the use of the Easement Area for the purposes
described hereinshore, this Easement shall terminate and be of no
further force and
2. It, in exercising Gtantee*s tights in such Easements Area
or areas sppurtenant thereto, Grant;.2e causes any change in or
injury to the Easement Area, the property appurtenant thereto or
any improvements on said Easement Area or the property appurtenant
thereto, Grantee, within a reasonable time after the exercise of
such rights, shall reasonably testore the Easement Ares, the
pto~irty apputtenant thereto and/or such improvements to a similar
con ties ~xisting prior to the change or in~uryt
3, This grant is sade subject to the rights of the public and
Grantor to use the surface of the Easesen: A~ea for pedestrian and
vehicular ingress, egress and access to and from p~operty
sppurtensnt to such Essement Area snd such other uses as do not
unressonsbly interfere with the permitted use of the hses~nt Ares
by Grantee,
EXECUTED this 3rd day of October , 1984.
TRILAND/NORTHSTED JOINT VENTUREI, a
Texas Joint venture, acting herein by
and through its duly authorized agent
and manager rrlland Development, lnc,,
a TexeP .,potation
BYt~Re~~ ~$
d ~
SlATI C' TIIAS X
l
COUITIOP DALIJ~
BBtORB NB, the undersigned authority, a Nntary Public in and
for the said State on this day personally appeared Edward P. Rea,
President of TRILAND DEVELOPMENT INC, the duly authorized agent
and manager of TRI~AID/NORTHBTBD JOII~T VBI~TURB, a Texas Joint
venture, known to me to be the person and officer whose name is
subscribed to the foregoing instrument and acknowledged to me that
~he same was the act of said ~'RILAND DBVBLOPINBINT~ II~C.m in its
capacity as agent and manager for TRILAND/I~ORTHBTBD UOIINT VEI~TURB~
and that he executed the same for the purposes and consideration
therein ex~.zessed, in the capacity there~n stated and as the act
and deed of said TRII,&ID DBV..',~,OPMBI~T~ INC~ on behalf o~
TRII, MID/IIORTHBTBDJOIIrVBMTURB.
G~vEH UI~DE~ ~ ~TA~^N~ SEA,. O~ Or~C~ this
~ ~ day of__ , 1984,
Notary PPb~[ic, ~a~- of ~x~,~'
My COmmiSsion Expires:
II-((~- ~,
....... 1UUL~
2 VL , ' ': /tCE
LIENHOLDER'S CONSENT AND SUBORDINATION
The undersigned holder st liens against the Basement Area set
torth heroinabove, hereby consents to the grant of this Easement
and agrees that the liens evidenced by that certain Deed o~ Trust
(with Security Agreement and Assignment oZ Rents and Leases) dated
September 5, 1984 executed by TRILAND/ NORTHSTED JOINT VENTURE to
Bar:y D, Drees TEastee, recozded in Volume 84178, Page 0Z29, Deed
o~ Trust Records, Dallas County, Texas, securing payment of one
cerb,in Promissory Note of even date therewith in the original
principal amount o~ $8,500,000,00, payable to the order st the
undersigned bank and held by such noXder are hereby subordinated,
in all respects, to the provisions oZ such Easement Agreement,
THB STATB OF TEIAS
COUITIOF DAM, All
BEFORE RE, ~he undersigned authority, a Notary Public in and
~or the State of Texas on this day personally appeared
known to me to be the
person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER RT NARDAND BEAL OIp O~FICB this '~-~ -
day of ~7~ , 1984,
H~tary Public, State of Texas
(Printed or Typed.~ame o~ Notary)
My Conmission Expires,
/"' Exhibit A
15' PUBLIC UTILITY EASEMENT
IN THE CITY 0F COPPEL L, TEXAS
TRACT B
BEING · tract of lend f~r a proposed public utility easement (15 feet vide) situated
in the Sineleash Thompson Survey, Abstract No. 1493, and beAnS in the City
Coppoll, Dallas. County, TeNse, and beAuS part of a tract of land conveyed to
Triland/~orthsted Joint Veuture as recorded in Voluue 82118, Paee 0213 of the Dead
Records c! Dallas County, Texas end beAuS sore particularly described ~.s foileve',
COM(ENCING at an iron rod found st · point on the west line of said SinSleash
Thompson Survey and the east line of the J. C. Cook Survey, Abstract no. 313, said
point beau8 on the s~u~.h tithE-of-ray line of Belt Line Road (120 feet vide), said
point also beAnS the northvest property corner of said Trilaud/Northeted Jozut
Venture |
TN!~CB 8oath 85°42'38' East, alone said soueb rABbi-of-ray line, a distance of
526.61 feet to the POINT OF BEGINHING;
THENCE South 85°~2'33" East, coutiuuiu8 alone said south riSht-of-vay line, s
distance of 52~0.68 feet to a point for s corner. said point beAuS on the vest
'property liue o~ s tract of laud conveyed to Explorer Pipeline, es recorded in
Volume 7113g, PaSs 1160 of said Deed Records;
THENCN South 5°01'56" Zest, sinus smid vest property line, a distance of 15.20 ~eet
to 8 paint for a corner, said point beAuS ou the south line of said proposed public
utility easement;
THElaCE North 85°42'35~ West, alerts said south easement line, s distance of 5252.06
feet to s puint for a corner;
TH~HCE North 0°10'00~ East, a distance of 15.04 feet to the POINT OF BZGINNI!eG AND
CONTAINING 78,771 square reel or 1.8083 acres of laud more or less.
\
~:AAt4