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OR 66 Authorizes City of Dallas to build, operate & repair water lines & mains ORDINANCE NO. 66 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; PROVIDING FOR ACCEPTANCE OF THE TERMS OF THIS GRANT; AND DECLARING AN EMERGENCY. WHEREAS, the City of Dallas proposes to supply treated water to Dallas-Fort Worth Regional Airport as well as additional treated water to present and future municipal customers in the arealying to the west and northwest of the City of Dallas, in- cluding 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 beconstructed 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 City of Dallas with connections for._such at the points agreed upon, and the City of Dallas has agreed to sell water to the City of Coppell, NOW THEREFORE, BE IT ORDAINED. BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City of Coppell 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 certain streets, alleys, roads or public ways in the City of Coppell as shown on the construction plans attached hereto and made a part hereof bearing the approval of the supply lines to the municipal customers City of Coppell, to connect such water City of Dallas water system and to such of the City of Dallas as may be situated beyoud the City of Coppell. 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. pair and replace all That the City of Dallas agrees to re- street surfaces, paved or unpaved, which may be cut or excavated by reason of the construction, install- ation and operation and maintenance repair of the water line or water main in the City of Coppell 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 sur- face utilities, which the City of~Coppell 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 to sell water to the City of Coppell pursuant to letter dated December 18, 1970, a copy of which is attached hereto as an exhibit and made a part hereof for all purposes, and does by the acceptance of this Ordinance pursuant to Sec- tion 6 hereof, agree to contract to make such sale of water to the City of Coppell, any cuts or excavations in the streets alleys or public ways necessary by reason of any water connec- tion made for the convenience or benefit of the City of Coppell shall be at the expense of the City of Coppell. SECTION 5. That the City of Dallas will have the right and privilege to enter upon s~id.~treets, roads alleys or public ways~of the City of Coppell in.order to make such installations, and thereafter shall have the right to enter upon the same for the purpose of maintain- ing, repairing and replacing such installations and per- forming 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 cause~ by such maintenance, repair or replacement to as good a condition as the same were at the time of such entry. SECTION 6. The City of Dallas shall within sixty (60) days after the passage of this ordinance accept the terms hereof by a resolution and fo~gard the same to the 'City Secretary of the City of Coppell 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 develop- ment 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 as an additional supply of water to the City of Coppell creates an emergency and an urgency in the pre- servation of the public peace, . safety and general welfare and requires that this ordinance shall take effect imme- diately from and after its passage, and it is accordingly so ordered. Duly Passed by the City Council of the Coppell, Texas this /~ day of ~~ ATTEST: City of , 1971. W. T 4ayor City of Coppell City Secretary ~00 S. E~v~. Dallas, Texa~ 7S~0t · (~N) 18 December 1970 Honorable W. T. Cozby, Mayor City of Coppell P. O. Box 748 Coppell, Texas 75019 Dear Mayor Cozby: In furtherance of our discussions as to means whereby the City of Dallas might be in position to contract to sell water to the City of Coppoll, I enclose draft of a franchise agreement Which would give the City of Dallas the necessary rights to construct water lines from our Elm Fork Treatment Plant to serve Irving and the Regional Airport. The proposed location of the mains, as shown on the attached map, is to the south and east of North Lake. This routing will cross a portion of the City of Coppoll. As for selling water to Coppoll, a solution would be to make available a portion of the capacity of the line that will be dedicated to and even- tually used by the City of Irving and the Regional Airport. For Coppoll this would be an interim solution. When and if Irving and the Regional Airport require their full allocation~ it will be necessary to negotiate with you for a new connection and line at our plant in Carrollton. I am thinking in terms of 1.0 to 1.5 MGD capacity for Coppoll. The terms of sale of water to Coppoll wouTd be under the rates in effect to municipal customers of the City of Dallas at the time ~f contracting. If the foregoing is acceptable to you, the first step will be for your City Council to approve the franchise. Please call on me for any clari- fication or further information you may need. HJG:jd Enclosures Yours very truly, /-"" ,----,/. Greaser, ~7~ect r / D o ,/'DALLASWATER/ UT I L IT I ES ,/ A city utility providing Dallas with water purification and distribution. waste water collection and treatment