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Shadowrdg P4-CS 890705Revised: 5/21/87 CITY OF CoPPELL ACTION REQUEST FORM TO: Lavrence Jackson City Attorney 1800 Lincoln Plaza 500 North Ackard Dallas, Texas 75201 OOyl- DUE DATE: DATE Sc"EDgE" cc: Alan D. Ratliff, City Manager SNTRUC O S IF THE REQUEST IS FOR ~ ~, REP~ OR CONCE~S A PROVISION OF ~E CODE OF O~IN~CES, CITE ~PLIC~LE SECTIONS OF ~E O~I~ ~ OR A~ACH A COPY OF CODE PAGE(S), ~ NOTE ~ c~GES TO BE ~E. IF THE REQUEST IS FOR REVIEW, iNTERPRETATION OF, OR AMENDML~T TO A LEASE OR OTHER DOCUMENT(S), ATTACH HERETO. STATE ACTION REQUESTED AND INCLUDE OR ATTACH ALL I~IECESSA~Y INFORMATION. S hrickel: Rollins dAssociates, Inc. ~ ap, \r, hi*ectur',. · Pianmng ', ,h~?(,~, mg June 28, 1989 Russell yle, P.E. City En~gSneer City o)r Coppell P.O./Box 478 C~pell, Texas 75019 RE: INITIATION ORDINANCE .INCREMENT -'/"O ~V'/i~ ¥~,~ Victor W Baxter, ASIA Kent [. Besley, ASLA Tern/T. Cheek, ASLA Terry E. Cullender Dine ~. Ferra]li, PE Daniel B, Haaman, P[ ~4ark ¢, Hatchel, ASL'~ Hersbel Lincllv APA Albert W, Rollins, Pi? Gene Schrickel, FASLA Larf7 C). Stone, PE OF PROCEDURES FOR CREATING A PRO-RATA RELATIVE TO SHADOW RIDGE ESTATES FOURTH Dear Mr. Doyle: Schrickel, Rollins and Associates, Inc., acting as an agent on behalf of Centex Real Estate Corporation, Lewisville, Texas, respectfully requests that procedmes for creating a pro-rata ordinance for water utility construction associated with Shadow Ridge Estates Fourth Increment be begun. The ordinance would address the provision of approximately 400 L.F. of 12" water line parallel to Bethel School Road. For clarification, we have attached the water utility plan sheet for this project. We are not familiar with the steps involved in thc pro-mm ordinance process and would, therefore, genuinely appreciate any direction that your office might provide. We feel the cost of providing this water line should logically be shared by all parties who will benefit from it, either currently or in the future. We are ready to proceed with any requirements associated with thc successful completion of this matter. Thank you for your consideration of this request. Sincerely, SCHRICKEL, ROLLINS AND ASSOCIATES, INC. Urban Planner CC: Taryon Pastor Bowman, Coppell P&Z Coordinator Kevin E. Peiffer, Ginn Engineering Steve StoRe, Centex Real Estate Corporation ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISNING A CHARGE TO BE KNOWN AS A "PRO RATA" CHARGE WNICH SHALL BE M~E AGAINST EACH LOT OR TRACT OF LAND AND THE OWNER THEREOF WHOSE WATER LINE SHALL BE CONliECTED WITH "SHADOWRIDGE ESTATES, 4TH INCREMENT, WATER LINE SECTION NI~ER ONE"; SETTING THE RATE OF SAID CHARGE AT 1~.~0 PER FRONT FOOT OF LOT OR TRACT ~7. OF LAND TO BE SERVED; PROVIDING FOR THE ESTABLISNMENT OF A BANK ACCOUNT AND PROCEDURE FOR COLLECTING ~ DEPOSITING THE RECEIPTS FROM SAID 'PRO RATA" CHARGE; PROVIDING FOR REI~URSEMENT TO THE CENTEX REAL ESTATE CORPORATION OUT OF SAID PRO RATA CHARGES COLLECTED; PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING A SEVERABILITY CLAUSE. WHEREAS, a water line has been constructed and installed in that certain easement situated in the City of Coppell, Dallas Colmty, Texas; BEING the centerline description of a water line located in the City of Coppell, Dallas County Texas out of the E.A. CROW SURVEY, Abstract No. 301, said centerline being more particularly described as follows: BEGINNING at a point N 86 12' 23" W a distance of 4.00 feet from the northwest corner of Lot 48 Block D of Shadowridge Estates - Fourth Increment said point being in the right-of-way limits of Harris Drive; THENCE running parallel and 4.00 feet west of the east right-of-way line of said Harris Drive S 00 12' 30" E a distance of 338.00 feet to an angle point; THENCE running parallel and 12.00 feet north of the south right-of-way line of said Bethel School Road N 62 08' 45" E a distance of 400.00 feet to the TE~MINATION POINT of the centerline of said water line. The said water line to be known as the 'Shadowridge Estates, 4th Increment Water Line Section Number One', and WHEREAS, the cost of the construction and installation of said water line has been paid for by the Centex Real Estate Corporation, and WHEREAS, the City of Coppell was unable to financially provide for the cost of the construction and installation of said water line, and WHEREAS, due to the circumstances, the opinion that a pro rata charge should owners who may connect to said water line. City of Coppell is of the he levied against the property NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1: Hereafter, the Finance Director of the City of Coppell, Texas, shall charge and collect from each person, firm or corporation desiring to connect with the water line above described, a charge which shall be known as a "Pro Rata Charge' which shall be made against each lot or tract of land and the owner thereof whose water line shall hereafter connect with the above described Shadowridge Estates, 4th Incrament, Water Line Section Number One. Said charge shall be at the rate of $10.00 per front foot of lot or tract of land to be served and no connection will be permitted by the City of Coppell until such time as the Pro Rata Charge has been paid by the said owner of the lot or tract of land to which such connection is being made. The Finance Director shall open an account with the 1st Coppell Bank, on which checks may be drawn only by the approved signatures of the City of Coppell, Texas. Said account to be designated as the 'Shadowridge Estates, 4th Increment, Water Line Section N-tuber One Account'. The Finance Director shall deposit in said account all said Pro Rata funds collected in regard to the connections made to said water line. The Finance Director shall keep accurate records of all taps and connections made to said water line and of the fees collected for the same. SECTION 2: Every third month after said account is opened, the City of Coppe11 shall pay to Centex Real Estate Corporation the accumulated funds is said account, and shall continue to do so until the City shall have paid to Centex Real Estate Corporation as reimbursement, the sum of $ Provided, however, that the City of Coppell may leave on deposit in said account the sum of $ , so as not to close out said account with each withdrawal. SECTION 3: Each person, firm or corporation desiring to connect with said Shadowridge Estates, 4th Increment, Water Line Number One, shall make application for the same to the City of Coppell or to such official or employee as they may from time to time designate to accept such application, on forms to be provided by the City. Approval of the said application shall not be made and no person, firm or corporation shall connect with said Shadowridge Estates, 4th Increment, Water Line Number One until the above mentioned Pro Rata Charge has been paid to the City or an arrangement has been made with the City to pay said charge under terms satisfactory to the City. SECTION 4: No person shall acquire any vested interest or right under the terms and provisions of this Ordinance, and the terms and provisions of this Ordinance shall be deemed to be severable in that if any section, phrase work or part thereof shall be deemed to be invalid or unconstitutional, the same shall not affect the validity of the remaining portions of this Ordinance. SECTION 5: This Ordinance shall take effect immediately from and after its passage. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, this the day of , 1989. APPROVED: I~AYOR ATTEST: APPROVED AS TO FOI~: CITY CITY ATTORNEY ORDIN