St Ann Church/FP-CS 880516Mr. Taryon Bowman
Planning Department
City of Coppell
P. O. Box 478
Coppell, Texas 75019
Re:
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
{Formerly Saner, Jack. Sellinger & Nichols)
Attorneys & Counselors at Law
1800 Lincoln Plaza
5OO N. Akard
D~llas, Tex~s 75201
{214} 954-3333
Facsimile {214} 954-3334
PRESTON CENTER OFFICE
S~2,~ Dougl~ Ave. Suite ?07
Dsll~ Tox~ 752~6
1214} 69'~-1218
May 16, 1988 .o,,., ,. o,,,.o. ,..
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
LWJ/sb
Enclosure
Mr. Alan D. Ratliff (w/Encl.)
Mr. Frank Trando (w/Encl.)
Mr. Steve Goram (w/Encl.)
Lawrence W. Ja
ORDINANCE NO,
AN ORDINANCE OF THE CITY OF COIrPELL, TEXAS, ESTABLISH-
ling A CHARGE TO BE KNOWN AS A '*PRO RATA" CHARGE WHICH SHALL BE
MADE AG^INST EACH LOT OR TRACT OF LAND AND THE OWNER THEREOF
WHOSE WATER LINE SHALL BE CONNECTED WITH "SCHOOL LINE"; SETTING
TKE PATE OF SAID CHARGE AT $2.00 PER FRONT FOOT OF LOT OR TRACT
OF LAND TO BE SERVED; PROVIDING FOR THE ESTABLISHMENT OF A HANK '~
ACCOUNT AND PR~~.FOR COLLECTING AND DEPOSITING T~E RECEIPTS
FROM SAID "PRO RATA" CHARGE; PRO¥]DING FOR REIMBURSEMENT TO THE
COPPELL INDEPENDENT SCHOOL DISTRICT OUT OF SAID "PRO RATA"
8~[ARG~ES~'~LLECTED; PROVIDING A SEVERABILITY CLAUSE AND DECLARING
AN EMERGI~NCY.
WHEREAS, the City of Coppell, Texas, did on the 29th
day of November, 1965, enter into an agreement with the Coppell
Independent School District concerning the construction of a
water line to connect a certain school with the City water supply
(a copy of said Agreement being attached hereto as Exhibit "A'),
and
WHEREAS, under the terms of said agreement, the Coppe11
Independent School District delivered to the City the sma 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 said water line to be known
as the "School Line" which is more particularly described in
the agreement attached hereto as Exhibit "A", at a total cost of
$29,743.28, and
WHEREAS, under the terms of said agreement, the Coppell
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 stun of $2,264.6~,
and
~EREAS, under the terms of said agreement, the City of
Coppell has agreed to collect and pay as reimbursement to the
said Coppe11 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 Line,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF COPPELL, TEXAS:
Section 1: "PRO RATA CHARGE".
Hereafter, the Tax Assessor and Collector of the City
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 Charge" which sh~]l be made against each lot or tract
of land and the owner thereof whose water line shall hereafter
be connected with "School Line" and said charge shall be at the
rate of $2.00 per front foot of the lot or tract of land to be
served. The City Treasurer shall open an account with the
Bank of , Texas,
on whic~ checks may be drawn only by the co-signature 0'~ the
Treasurer of the City of Coppe11, Texas, and the Mayor of the
City of Coppell, Texas. Said account to be designated as the
"School Water Line Account." The Tax Assessor and Collector
shal! deposit i.n said "School Water Line Account" all said
"Pro Rata" funds collected in regard to connections to said
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 condition of said. account, the pro rata fees
collected and the taps 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 Coppell Independent
School District shall have the right to inspect such records at
reasonable times.
Section 2: REIMBURSEMENT TO SCHOOL DISTRICT:
Every third month after said "School Water Line
Account" is opened, the City of Coppell shall pay to the Coppe11
Independent School District the accumulated funds in said account,
and shall continue to do so until the City shall have paid to
the Coppell Independent School District as reimbursement, the
sum of $27,349.04. Provided, however, that the City may leave
on deposit in said account the sum of~ · so as not to
close out said account with each withdra~El.
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 application shall not be made 2nd 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 has been made with the City to pay said charge
under terms satisfactory to the City.
SectiO~f-4: DISTRICT RIGHT TO INSTALL FIRE PLUGS:
The Coppell Independent School District shall have the
right to install, at its own cost, any additional fire plugs
along or off-extensions of said water line.
Section 5: SEVERABILITY CLAUSE:
If any article, paragraph, sub-division, clause,
phrase or other provision of this ordinance shall be adjudged
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 un-
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 con-
nection with "School Line" in order to fulf!ll 1ts 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 the City of Coppell,
Texas, this the day of , 1966.
APPROVED AS TO FORM:
City Attorney
Mayor
ATTEST:
City S~cretary
~..~ L~'ATE OF TE)~°~S
· ~.~S, ::.n incorporg~ted city of tho ....
heroin as "Ci'- " ........ ~!
referred to herein as "~' ~- ' "
~;~ I T N E S S E T H:
!?}iEREAS, .z~r ~ in tho procesc of constructin~
~ ~ckool adjacent to City ~nd desires to connect said school to
%'HER~S, the cost of constructins ~.,.~ v;&ter line
necessary to make s~id connection is estimated to bo
,,~-~n~.~ District desi:~es to cay to City an
equz! to the estimated cos$ of ~aid line in return for %'hich
~:~ cn..rg~ ~;hich shai] be
Cz~y will construct said line ~nd make a
knov;n as ~ "o~o r~t~"~,.~.=~" "~"~ enc~ lot or trac~ of land and the
owner tne. eo~, %,hose ~'=ter line shzi1 be thereafter connected
~ith said ~=tem line, and the a~ount so collected p~id to Distric~
to reimburse Distric~ for its costs~.~-~-~/'~,
.. ~ forth the
T%%ZEZ~S, District and City no~, desire to ~.t
manner in %vhich ~he construction of s~.id %~;ater lins shall be
accomplished, and thereafter utilized and mnlnt~ined, and tho
manner in which reimbursement to District shall be provided:
IgO~?, '~EREFORE, fern ~nd in consideration of ~11 the
~UtUal covenants ~nd conditions contained heroin, &nd other
seed and va!umble conslder~tions, the p~ytics hereto mutually
1. District shall deliver to City th~ sum of ~7, .
to be h~ld by City for the payment of tho construction costs of
Zh~ herein dcscrlbod ~'ater !in~.
. .. nc'" tho dc:~criotion of which in
inch line ,;%finninj :.-; a point 3,51':0.2 fc.;.t ';:cst
. /;1'29G, nnd 7.5 fo,a~ north o~ thc couth line of
~.-:; .... ..., ,.:. 7.;~ ~. ~ 1,~.. l.:, Of....~"'~'" i?~.~."-~-iel- tO %,:0
13:31.7 feet;
point, to tho 1~-~;
TE£NCE N 4°49'30'' W a distance of 427.5 feet to an angle
poi:~t, to the
..0 . distance of 1049 9 feel to an
angle point, tO the - ~"'
~:~,C~ N 17040 30" E a distance of $7 1 feet to an
~ngle point, to %he left;
Tii.'..{i';CE N G°25'30'' E a distance of 275.5 foot to an
angle point, to tho right;
,~.:*.-,,¢.e N 26°30'30'' a distance of 2S7 4 feet to the sou~h
right-of-way line of Coppcll Road;
~.>..~.},N~NG again at a point GO' S 23°30'30'' ~'I of the
:,..'.~ <' - - ",~ of Coppoll Road, s~id point
bezn~ 2~.~ ~ ~. 2G°20'30'' E of poin~ No. 7
,:.~,..v% N 65°5G'30'' l:i n distance of ,,o.5 feet to
south right-of-w~.y of Coppell Road. '"
The above h¢~ the ccnterline of thc u%iiity ease-
C. ~I. ~od dated ~
1965.
~z..~7 ...-.?. 'r,,'" .,z~, an a Inch water' line northwest
~,~,l,,t.,~u again "' *"
wi'-~,. Coppell fiend hca'oas its interscclion '~"
Grapevine Creek and con~inuin~ on ~o its inter-
section %vith Dothol Road;
,-,.--,~,.,r,,-, W with Bethel rQoz~d to ~Zn e;:isting ri-~ht-of-
elbow near the
v;,.~, plant storage tank ;
~:=.,~- N in said existing right-of-way to the
c::istin$ drain line elbow near the wator plant
storage tank.
Said line to be constructed and placed in compliance with all
existing City Ordinances.
3. Upon final completion of said School Line, the
actual cost thereof sh=ll bo computed and if said actual cost
~ili be r~,fu.uded to District and ~hc balanc~ usc. d by tr.¢ City
to p~y for the cos: 0£ said lin~. if said actual co~t is
City to pay the cos~ of said !i~e.
4. Thereafter', City a{;'recg to ckarge and collect
fro~~a each person, firm or corpor~tlon desiring to connect
s~id %,~%er line, a charffe %'hicll shall be kno%%,n as a "Pro
· aa,~ and
%~hich shall be m~d~ ag~ins~ ¢~ck lot or %rac'~ of
....... ~_~er lin~ shall .....
o~ner ~'~'"~ %'hose -"' ~he, c~er be connected
%'ith "Sckool Lin~" and said charge skail be at the rat~ of
$ 2.00 per fron% foot of the lot or ~rzct of land ~o
be served.
5. City agrees to deposit all funds so collected by
it in a separate account designated as tke "School Water Line
Account", and e~ch t~¢c (3) month pay to said District the
~ccu~uiated funds in said account, &nd shall continue to do so
u~il the City shall hav~ paid to the District as reimbursement
~h~ total actual cost of cons:ruction of the "School Line".as
established pursuan~ to Paragraph 3 above, less District's pro
ra~a charge for front foot,ge ~hich amounts to $ ·
6. City agrees to keep accurate records of all taps
or connections, m~de to the "School LiRe" and of ~he fees
col!ccted ~or same, and ~he Die,riot sk~ll have the righZ ~o
inspect such records ~t r~asonable times.
7. The initi~i cos, of zaid line shall include four (4)
fare plugs to be placed ~t iocntions s~i~¢ted by th~ City. District
$h~ll have the ~ to inst~ll, at its o~n cost, any
fir~ plugs along or off extensions of said line.
8. Should any provisions of this aEreement be
declared illegal by ~ tour: of competent Jurisdiction, the other
i'ena~.,,~na~- provisions of said a~reoment s.l~ll:' '~ not in anywiso bo
.g.c~.cn~ s~s to ail provisions ~?hich are not
dacl~red to be illegal sh:~ll be binding uoon ~e pzrties.
l,~zo the dzy of
CiTY OF CCPPELL, TEXAS
A~EST:
City secretary
COPPELL·'t ~,~n~w~w~,~.~.~ .~.,~..,.,_ SCHOOL DI STRICT