Heartz Road/FP-AG 890725~ev. 4-24-89
AGENDA REQUEST FORM
CITY COUNCIL MEETING July 25, 1989
ITEM NO. ~
ITEM CAPTION:
Consideration and approval of an ordinance providing for pro-rata
reimbursement in regard to construction of Heartz Road in the area north
of Sandy Lake Road and authorizing the Mayor to sign.
SUBMITTED BY:
(Director' s' Signature)
EVALUATION OF ITEM:
£
STAFF REP.:
OTHER REP.:
DATE:
BUDGET AMT.:
COMMENTS:
AMT. ESTIMATED:
AMT. +/- BUDGET:
FINANCIAL REVIEW BY:
LEGAL REVIEW BY:
AGENDA REQ FORM
0588DS
REVIEWED BY CM:
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINA#C~ NO.
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
coRpoRATION AND THE OWNERS OF THE AFFECTED PROPERTY; PROVIDING THAT
THE AMOUNT COLLECTED SHALL BE AN AMOUNT OF MONEY EQUAL TO THE
REIMBURSEMENT 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 AFFECTED PROPERTY; PROVIDING FOR REIMBURSEMENT AS SUCH
PRO RATA PAYMENTS ARE COLLECTED; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, 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, Tomm~l~ J. Blake, Mary Beth Shields and husband J. W.
Shields, Tim Sokora and wife Kay Sokora, and Jaequie Stubblefield, 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 eonstruetion
of proposed Heartz Road between property owned by ABQ 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 construetion easements for the purpose of constructing said
proposed Heartz Road, as shown on Exhibit "A" attached hereto; and
WHEREAS, AB(~ 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
WHEREAS, upon completion of such roadway in accordance with said plans, the
City of Coppell shah 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 AB(~, 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 AB(~ pursuant to this ordinance and the agreements between the
parties expressed herein, the actual cost thereof shall be determined and a pro rata
reimbursement shah 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 AB~ the
accumulated funds so collected, less an administrative f~e of .1%, and shall continue to
do so until the City shall have collected and paid to ABG{ as reimbursement the total
actual cost of construction due AB~ pursuant to the terms of this ordinance less said
administrative charge; provided, however, the City of Coppell shah not be obligated to
reimburse ABQ any pro rata charges collected pursuant to this ordinance after fifteen
(15) years from the effective date of this ordinance.
SECTION 3.
This ordinance shall take effect immediately from and after its adoption, as the
law in such eases provides.
DULY PAMMBD by the City Council of the City of Coppell, Texas, this the
o(~,~'/~ day of ~ , 1989.
APPROVED:
MAYOy --
ATTEST:
C/~-~EC~R ETA RY
AGREED TO AND APPROVED:
By ~ ,
/ Staff Sti-i~kmaff
Senior Vice President
AGREED TO AND APPROVED:
Ton~i~J. Blake
f/ J.W. Shields
APPROVED AS TO FORM:
/ City Attorney
CO89-0620
LWJ/sb
ABQ DEVELOPMENT CORPORATION
89' 49' 09' E - 30.01'
__NORTH
PROPERTY LINE -- RUTH PERKINS TRACT
45'TOTAL PAV~Iv~NT
10' SLOPE EASISIVENT
25' TEI~Y GONSTI~tJGTION EA~'I~'~T
'MENT CORPORATION_
PROPERTY OF UNKNOWN OWNERSHIP
TO BE DEDICATED FOR HEARTZ ROAD
RIGHT--OF--WAY '- 0.3401 ACRES
SANDY
RUTH PERKINS
AREA FROM RUTH PERKINS '1'O BE
DEDICATED FOR HEARTZ' ROAD
RIGHT--OF--WAY =' 0.0858 ACRES
ST~-r ce~rEnu~
EXISTING ~ LINE
WEST PROPERTY LINE -- RUTH PERKINS TRACT
$ ~3'° 53 &3' W -- 12.~'4'
S 80' 34' 17' W -- 18.O4'