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OR 88 Grants Dallas permission to build & maintain water lines or mains in certain parts of Coppell ORDINANCE NO. 88 AN ORDINANCE GRANTING TO THE CITY OF DALLAS PERMISSION TO BUILD, MAINTAIN, OPERATE, REPAIR AND RECONSTRUCT WATER LINES OR WATER MAINS IN AND ACROSS CERTAIN PUBLIC STREETS, ROADS OR PUBLIC WAYS IN THE CITY OF COPPELL; PRO- VIDING FOR ACCEPTANCE OF THE TERMS OF THIS GRANT; AND DECLARING AN EMERGENCY. WHEREAS, the City of Dallas proposes to supply treated water to or for Dallas-Fort Worth Regional Airport as well as additional treated water to present and future municipal customers in the area lying to the west and northwest of the City of Dallas, including the City of Coppell, and in order to best serve the needs of Dallas and its existing and future municipal customers, water mains and water lines will have to be constructed partly through the corporate limits of the City of Coppell as it now exists or as it may hereafter be enlarged; and, WHEREAS, the City of Coppell desires to purchase water from the Trinity River Authority of Texas, herein referred to as TRA, supplied by the City of Dallas with connections for such at the points agreed upon, and the City of Dallas has agreed to sell water to TRA for resale to the City of Coppell, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION I. That the City of Coppall does hereby grant the right, privilege, franchise and authority to the City of Dallas to lay, build, construct, operate, repair, reconstruct and maintain water lines, water mains, supply lines and such distribution lines as are necessary along, across and in the streets, alleys, roads or public ways in the City of Coppall to connect such water supply lines to the City of Dallas water system and to such municipal customers of the City of Dallas as may be situated beyond the City of Coppall. Routes therefor within the City of Coppall and construc- tion plans are subject to the approval of the City of Coppall. The City of Dallas will submit the construction plans to the City of Coppall for such approval. The installation proposed herein will be of permanent nature, and the covenant granted herein shall continue so long as the City of Dallas maintains said water lines. SECTION 2. That the City of Dallas agrees to repair and replace all street surfaces~ paved or unpaved~ which may be cut or excavated by reason of the construction~ installation and operation and maintenance repair of the water line or water main in the City of Coppoll to the same condition in which they existed at the time when any such installations will be made. SECTION 3. That the City of Dallas will construct the water lines or water mains in such a manner so as not to interfere with any of the present existing underground or surface utilities, which the City of Coppoll may have located in any such locations, and if there are any changes necessary to be made, such changes will be made at the expense of the City of Dallas. Further, the City of Dallas will coordinate its planning so as to minimize future underground or surface utility conflicts. SECTION 4. That since the City of Dallas has agreed to contract with TRA to sell water to TRA for resale to the City of Coppoll under terms and conditions mutually agreeable to the parties and does by the acceptance of this Ordinance pursuant to Section 6 hereof~ agree to contract to make Such sale of water to the TRA for resale to the City of Coppell~ any cuts or excavations in the streets~ alleys or public ways necessary by reason of any water connection made for the convenience Or benefit of the City of Coppoll shall be at the expense of the City of Coppoll. SECTION 5. That the City of Dallas will have the right and privilege to enter upon said streets, roads~ alleys or public ways of the City of Coppoll in order to make such installations~ and thereafter shall have the right to enter upon the same for the purpose of maintaining~ repairing and replacing such installations and performing any maintenance~ repairing or reconstruction work and the City of Dallas shall be obligated to repair any cuts in the surface of the streets or public ways and any damage to other utility caused by such maintenance~ repair or replacement to as good a condi- tion as the same were at the time of such entry. SECTION 6. The City of Dallas shall within one hundred and eigh~ (180) days after the passage of this ordinance accept the terms hereof by a resolu- tion and forward the same to the City Secretary of the City of Coppoll as evidence of the acceptance of the terms of this grant. SECTION 7. The fact that the City of Dallas desires to expeditiously proceed with its plan and development of the additional supply of water to its existing and future customers, and locate such installations where the same will serve the City of Dallas and at the same time be available through TRA as an additional supply of water to the City of Coppell creates an emergency and an urgency in the preservation of the public peace, safety and general welfare and requires that this ordinance shall take effect immediately from and after its passage, and it is accordingly so ordered. SECTION 8. All ordinances in conflict herewith are hereby repealed. Duly Passed by the City Council of the City of Coppell, Texas this J ?'Y'Y'Y'Y'Y'Y'Y'Y'Y~ day of (~:~f. , 1972. ATTEST: Hulen Scott, MayOr CITY OF COPPELL