ST8804-AG 891116Mr. Alan D. Ratliff
City Manager
City of Coppell
P. O. Box 478
Coppell, Texas 75019
Re:
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
November 16, 1989
Pro Rata Ordinance and Agreement
Heartz Road North of Sandy Lake Road
Our File No. 356
Dear Mr. Ratliff:
As you know, we obtained a street dedication, slope easement and temporary
construction easement, and a Quitclaim Deed from the Perkins heirs to permit construction
of Heartz Road north of Sandy Lake Road by ABQ Development Corporation. Copies
are enclosed for your file.
In addition to the above instruments, the city also adopted Ordinance No. 89-444
providing for the collection of a pro rata charge from the Perkins tract developer which
will be reimbursed to ABQ Development Corporation.
Enclosed is a copy of this ordinance. Under cover of a copy of this letter, I
am returning to Dorothy Timmons the city's original ordinance which should he,Placed
in the city ordinance book.
You will note that the ordinance provides that when the roadway is completed
and dedication accepted by the city, the actual cost of the roadway shall be determined
and the pro rata reimbursement shall be calculated. When this is done, the pro rata
charge against this property should be entered into the city's system so that this pro
rata obligation will be made known to any prospective purchsser of the Perkins property
or collected from the developer at the time of approval of a subdivision plat.
Possibly, we could sit down with Frank Trando, Chad Beach, and Mr. Sieb to
work out a system for keeping track of such pro rata obligations. I would think that
with some modification, the system would be similar to the system we will develop for
keeping track of properties against which street assessments have been levied.
LWJ/sb
Very truly yours,
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
Enclosure
By
Lawrence W. Jackson
cc: Ms. Dorothy Timmons (w/Encl.)
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, PROVIDING FOR THE
COLLECTION OF A PRO RATA COST FROM AN AFFECTED PROPERTY PURSUANT
TO THE AGREEMENT SET FORTH IN THIS ORDINANCE BETWEEN ABQ DEVELOPMENT
COI~PORATION AND THE OWNERS OF THF~ AFFECTED PROPERTY; PROVIDING THAT
THE AMOUNT COLLECTED SHALL BE AN AMOUNT OF MONEY EQUAL TO THE
I{EIMBURSEMENT DUE ABQ FOR CONSTRUCTION OF THAT PORTION OF PROPOSED
HEARTZ ROAD WHICH WILL BE ADJACENT TO THE PROPERTIES OWNED BY ABQ
DEVELOPMENT CORPORATION AND THE OWNERS OF THE AFFECTED PROPERTY;
DESCRIBING THE AFF~{CTED PROPERTY; PROVIDING FOR REIMBURSEMENT AS SUCH
PRO RATA PAYMENTS ARE COLLECTED; AND PROVIDING AN EFFECTIVE DATF~.
WHEREA~q, ABQ Development Corporation (hereinafter referred to as "ABQ"), a
New Mexico corporation with its headquarters located in Albuquerque, New Mexico, and
Joan Sokora Blake and husband, Tommy J. Blake, Mary Beth Shields and husband J. W.
Shields, Tim Sokora and wife Kay Sol, ora, and Jacquie Stubb]efield, a widow (hereinafter
referred to as "Owners"), and the City of Coppell, Texas, have entered into an agreement
evidenced by the approval and adoption of this ordinance concerning the construction
of proposed Heartz Road between property owned by/~l~ on the west and property
owned by Owners on the east and extending north of Sandy Lake Road a distance of
approximately 620.89 feet; and
WHEREAS, ABQ and Owners have dedicated sufficient right-of-way, slope
easement, and temporary construction easements for the purpose of constructing said
proposed Heartz Road, as shown on Exhibit "A" attached hereto; and
WHEREAS, ABQ has agreed to construct at its sole cost and expense said roadway
over the dedicated right-of-way in accordance with plans and specifications approved
by the City; and
WHEREAB, upon completion of such roadway in accordance with said plans, the
City of Coppell shall accept such improvements as a dedicated street; and
WHEREAS, the City of Coppell has agreed, in lieu of assessment against Owners'
property to adopt this pro rata ordinance establishing by agreement with Owners a pro
rata charge to be collected at the time Owners' property is finally platted for
development and to reimburse ABQ, to the extent authorized by this ordinance, in return
for its present construction of the full width of the roadway; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIl, OF THE CITY OF COPPELL, TEXAS:
SECTION 1.
Upon final completion, dedication, and acceptance by the City of the improvements
to be constructed by ABQ pursuant to this ordinance and the agreements between the
parties expressed herein, the actual cost thereof shall be determined and a pro rata
reimbursement shall be calculated. Thereafter, the City shall charge and collect from
each developer of the affected property of Owners at the time the final plat of the
affected property (or any part thereof) is approved by the City of Coppell, an amount
of money equal to such developer's pro rata share (based on the area of the affected
property so platted by the developer).
SECTION 2.
City shall deposit all such funds so collected by it in an account designated as
the "Perkins/ABQ Account," and each three (3) months shall pay to said ABQ the
accumulated funds so collected, less an administrative fee of .1%, and shall continue to
do so until the City shall have collected and paid to ABQ as reimbursement the total
actual cost of construction due ABQ pursuant to the terms of this ordinance less said
administrative charge; provided, however, the City of Coppell shall not be obligated to
reimburse ABQ any pro rata charges collected pursuant to this ordinance after fifteen
(15) years from the effective date of th~ ordinance.
SECTION 3.
This ordinance shall take effect immediately from and after its adoption, as the
law in such cases provides.
DULY PA~ED by the City Council of the City of Coppell, Texas, this the
~,~'/~ day of ~ , 1989.
AGREED TO AND APPROVED:
APPROVED:
ATTEST:
MAY
ABQ DEVELOPJ~ENT COMPANY
/ Star{ str ckman~
Senior Vice President
AGREED TO AND APPROVED:
Joan Sokora Blake ,, ,)
Mary,.Beth Shields
Tim Sokora
/a~uie'St u~blefi61~
To~ZJ. Blake
J. W. Shields
kora
APPROVED AS TO FORM:
- / City Attorney
CO89-0620
LWJ/sb
ABQ DEVELOPMENT CORPORATION
MENT CORPORATION
RUTH PERKINS
//,:'/,¢J;
AI:~A PRO~,I RUTH PERKINS TO BE
D(~D{CATED FOR HEARTZ ROAD
RIGHT--C~--WAY ---- 0.085~ ACRES