St Ann Catholic-CS 880519May 19, 1988
MEMORANDUM
TO: Steve Goram, Director of Public Works
FROM: Taryon Bowman, P & Z Coordinator ~ ~.
RE: Pro-Rata Agreement for St. Ann's Catholic Church (Samuel & Woodmoor)
Please find attached an example of a pro-rata agreement that was prepared
by City Attorney Larry Jackson. In his cover letter, Larry stated that the
example attached could be used in connection with the St. Ann's Church
waterline that is to be installed along Woodmoor Street.
I am forwarding this copy to you for preparation, so that the Public Works
Department can review said ordinance and provide the information to the
City Attorney, and also place the item on the City Council agenda for June
14, 1988.
If you should have any questions regarding the preparation of the ordinance,
please contact Larry Jackson. Thanks for your cooperation.
TB/lsg
attachment
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
{Formerly Saner, Jack. Sallinger & Nichols)
Attorneys & Counselors at Law
1800 Lincoln Plaza
500 N. Akard
Dallas. Texas 75201
(214) 954-3333
Facsimile (214) 954-3334
May 16, 1988
Ma. Taryon Bowman
Planning Department
City of Coppell
P. O. Box 478
Coppell, Texas 75019
Re: Pro Rata Agreement for Church Water Line
Dear Taryon:
Enclosed you will find an ordinance and a Water Line Agreement which I prepared
for the school water line back in 1965. This type of pro rata agreement could be used
in connection with the church water line.
You will note that the Water Line Agreement, which is attached as Exhibit "A"
to the ordinance, is the agreement between the city and the person either constructing
the water line or putting up the money to construct the water line. The ordinance is
an ordinance that is passed after the water line is constructed and the final cost is
determined. You will note that the ordinance provides that the City Treasurer will open
a bank account to handle the pro rata payments, however, this could be changed so
that the account is maintained by Frank Trando's department rather than setting up a
separate bank account.
These two documents will give you the factual information which will be necessary
to prepare the Water Line Agreement and the ordinance. Upon receipt of these facts,
I can prepare the Water Line Agreement on very short notice. You will note that in
paragraph 2 of the school agreement, we used a legal description to describe the water
line. The church water line could be described by referring to its location on a copy
of the plat which could be attached to the agreement.
After you have had a chance to look this over, please give me a call.
Very truly yours,
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
By
Lawrence W. Jaegson Sz
LWJ/sb
Enclosure
Mr. Alan D. Ratliff (w/Encl.)
Mr. Frank Trando (w/Enel.)
Mr. Steve Goram (w/Encl.)
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISH-
ING A CHARGE TO 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 BE CONNECTED WITH "SCHOOL LINE"; SETTING
THE RATE OF SAID CHARGE AT ~2.0~ PER FRON~-~OO~OF L0~ OR TRACT
OF I2, h~ TO BE SERVED; PROVIDING FOR THE ESTABLISHMENT OF ~ BA~NK
ACCOUNT AND PROCEDURE FOR COLLECTING Ah~ DEPOSITING THE RECEIPTS
FRO~SAID "PRO RATA" CHARGE; PROVIDING FOR REIMBURSEMENT TO ~THE
COPPELL INDEPENDENT SCHOOL DISTRICT OUT OF SAID "PR(~ RATA"
CIU.RGES COLLECTED; PROVIDING A SEVERABILITY CLAUSE AND DECI~,RING
AN ENERGENCY.
WHEREAS, the City of Coppell, Texas, did on the 29th
day of November, ~96~5., enter into an agreement with the Co~pp¢!l
'!~d~peh~efit. S~hool Distric~ ~oncern!n~ ~e con~u~%p~ of a
water ][ffi~ ~ ~R~ ~tain school with the City waterlSUpply'
(a c~py of said Agreement being &ttRched hereto ~s Exhibit "A"),
and
WHEREAS, under the terms of said agreement, the Coppell
Independent School District delivered to the City the sum of
$27,478.60 to be applied to the payment of the cost of Constru-
ction of said water line, and
WHEREAs, under the terms of said agreement, the City
has completed the construction of $~id ~ater line to be known
as the "School Line" which is more particularly described in
tbs agreement attached hereto as Exhibit "A", ~t a total cost ef
$29,743.25, and
WHEREAS, under the terms of said agreemenf, the C~,pp~ll
Independent School District has agreed to pay to the City of
Coppell the difference between the amount first deposited with
the City and the total cost of said line in the sum of
and
WHEREAS, under the terms of said agreement, the City of
Coppell has agreed to collect and pay as reimbursement to the
said Coppell Independent School District, a pro rata charge
against every lot or tract of land and the owner thereof whose
water line should hereafter be connected with said Water L~ne,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE C~TY OF COPPELL, TEXAS:
Section 1: "PRO F~tTA CHARGE".
Hereafter, the Tax Assessor and Collector of the C~y
of Coppell, Texas, shall charge and collect from each person,
firm or corporation desiring to connect with the Water Line
hereinabove described, a charge which shall be known as a
"Pro Rata CharEs" which shill be made against each lot or tract
of land and the owner thereof whose water line shall hereafter
be connected with "School Line" and sa~d charge shall be
rate of $2.00 per front foot of the lot or tract of /and to be
served. The City Treasurer shall open an account with the
Bank of , Texas,
on which checks may be drawn only by the co-signature oi the
~easurer of the City of Coppell, Texas, and the Mayor o! the
City of Coppell, Texas. Said account to be designated as the
"School Water Line Account." The Tax Assessor and Collector
shall deposit ~n said "Schoo~ Water Line Account" all said
"]~ro Rata" funds collected in regard to connections to s~id
Water Line. Every third month after said account is open~d, the
Tax Collector and Assessor shall make a full report to the City
Council showing the cond±tion of said account, the pro rata fees
collected and the t~ps for connections made to said *'School
Line." The Tax Assessor and Collector shall keep accurate
records of all taps and connections made to said "School Line"
and of the fees collected for the same, and the Coppe]l Independent
$chool District shall h~ve the right to inspect such records at
reasonable times.
Section 2: REIMBURSEMENT TO SCBOOL DISTRICT:
Every third month after said "School Water Line
Account" is opened, the City of Coppell shall pay to the Coppell
Independent School District the accumulated funds in said account,
and shall continue to do so until the City shall have paid to
the Coppe!l Independent School District as reimbursement, the
sum of $27,349.04. Provided, however, that the City may leave
on deposit in slid account the sum of ? so as not to
close out said account with each withdrawal.
Section 3: APPLICATION FOR CONNECTION:
Each person, firm or corporation desiring to connect
with said "School Line" shall make application for the same to
the City Council of the City of Coppell or to such official or
employee as they may from time to time designate to accept such
application, on forms to be provided by the City. Approval of
the said ~pplication shall not be made and no person, firm or
corporation shall connect with said ',School Line" until the
above mentioned "Pro P~ta" charge has been paid to the City or
an arrangement bas been made with the City to pay said charge
under terms satisfactory to the City.
SectiOn'4: DISTRICT RIGHT TO IESTALL FIRE PLUGS:
The Coppell Independent School District shall have the
right to install, ~t its own cost, any additional fire plugs
along or off-extensions of said water llne.
Section 5: SrVERABILITY CLAUSE:
If any article, paragraph~ sub-dlvision, clause,
phrase or other provision of this ordinance shall be ~djud~ed
invalid or unconstitutional, the same shall not effect the
validity of this ordinance as a whole or any part or provision
thereof, other than the part so declared to be invalid or
constitutional.
Section 6: E~ERGENCY CLAUSE:
The fact that the City of Coppell is in need of an
ordinance establishing the "Pro Rata" charges to be made in coD-
nsction with "School Line" in order to fulfill its obligations
under the agreement which is attached hereto as Exhibit "A",
creates an urgency and an emergency and requires that this
ordinance shall take effect immediately from and after its
passage.
DULY PASSED by the City Council of thc City of Coppell,
Texas, this the day of , 1966.
APPROVED AS TO FOR~:
Mayor
ATTEST:
C]-~:y ~ecret~ry
~~'torney
Tile S%~TE OF T~XAS
TD~'.S, gn incorpor~ted city of
referred to herein ms "Dis%riot:"
~ I T N E S g E T ~!:
r]iEREAS, District is in tko process of con~tructlng
~ school ad~cent to City and desires ~o connect said school to
~ho City r~ter supply, and
zecesgary to make said connection is estimated
equal ~o the estimated cos% of said line in return for ~hich
k~o~n ~s n "pro farm" against each lot or trzc~ of land mad the
o~ner thereof, ~hose ~nter line shzi1 be thereafter connected
~ith said ~ater line, and the amount so collected paid to Distric~
to reimburse District for its costs
¥31E~%$~ District mad City no~ desire to ~et forth the
~anner in ~hich %he construction of said ~at~r line shall be
accomplished, and thereafter utilized and mnlntalncd, and the
r.~aner in ~hich reimbursement to District sh~il bo provided:
~utuai covenants and conditions contained kerein, and other
~ood and valuable conslderntions, ~he parties hereto mutually
~gree as foilers:
1. Dinar!ct shall de!Jver to City the sum of $27,47g.g0
to be h~ld by City for %he payment of tho construction costs o£
tho herein described ~ater line.
tko Jas. A.
point, tO
-.:..*,un N 6°25'30'' ~'~ a dist,~nce of 10d9.9 feet to an
point, to the ....
.~-,.C. N 17040 E ~ distance of $7.1 feet to an
&ngle point, to the loft;
T.:~o,~uE 6°25'30'' ~ a ~zstance of 275.5 foot to an
angle point, to therloa~,'--~ ~'
-,~-r'~,o,, ao~ .6 feet to the sou'~h
.~-. ~E N 26°30'30'' ~c~_"='~":'"._.c~ ..... of .o-
~z~n~-o~-way line of Coppcll.,o.a,n ~ ~.
,.-,.,;,-'~,~x~"'-~ S 25°30'30'' W of the
also bein~ 227.4 feet ](. 2$OSG'S0'' E of point,~o. '~ ".
T:.~,~.~ N 6S°Do'30'' 'ff a distnnco of ~o.o fee~ to
south right-of-way of Coppcll F, oad. '"
The mbove being the .... ~ ............. ~'~ the .....
men~ granted ';-he ~:~-~Cop~el'i, ~'~,-~. , ~,r.
C. H. ~od dated "~..o day of
1965.
BEG!~N!XG again with an 8 inch uatey line noyth~est
~itb Coppelt ~o~d ~cross its intcrscction ~ith
Oz~apevine Creek and continuin~ on to its inter-
section ~ith Eothol Road;
r~'ny runnin~ ~outh -~..o,n' *="~...~ ~..-~,~'"'~*'~,¢'~1..o drain linc
elbow neay the v~ter plzn~ stoz'~ge tnnk ;
c::istln~ drain line elbow near tho wa~or plan:
storage tank.
S~Id line to be constructed ane p~acec in compliance %vith ~11
exis¢in~ City Ordln;=nces.
Upon final comple~ion of said School Line, the
actual cost thereof shall bo co:nputcd and if said actual cost
rill be r~fu~ded to r~-~.,-~.~ ..... ~
to p_y for the cos~ of ~ ~ ~ ~ .........
4. Thereafter, City .......... ,~.' to ": ....... '
' ~ .... "of land ~ad
Lin~" ~nd ' ~ ~ ...... '"
sal~ c .... ge ~kail b~ ~ the r~te of
per -r._.on.~* foot o~-- the lot or trzc~' of land ~o
,-, 2.00
be served.
5.
City agrees to deposit all funds so collected by
it in a separate ~ccount Co,ignited as the "School %?stet Line
Account", and each month pay to said Disuric~ the
aceu=ulated funds in said account, and shall continue to do so
until the City shall have paid to the District as reimbursement
th~ total actu~i cost of cons%ruction of the "School Line".as
established pursuant to Paragraph D above, less District's pro
rata ohmrge for £ro~t footage ~hich a~oa~ts ~o $
6. CiZy ~ree~ Zo keep accurate ~eoords of mil taps
or connections made to the "School Line" and of ~he fees
collected for s~me, and =he District shall have the right to
ingpec~ such records at reasonable times.
7. The initial cost of said li~e chali include four (4)
fire plugs to be placed ~t ioc~tions selected by the City. District
shall have the right to install, at its o~n cost, any additional
fire plugs along or off extensions of said line.
S. Should any provisions of this aEreement be
declared illeg:l by a court of competent jurisdiction, the o%h~r
~:ot in any~;ise b~
5&id -"C~'¢cmon% f~s to &il provisions ~?hich are not
~o be illegal shall bo blndln~ upon the p~rties.
CiTY OF CC:'~DEL.L, TElfAS
Cz~y Se'cretary