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OR 92-551 Temporary closure of a portion of Ledbetter Rd ORDINANCE FOR THE CITY OF COPPELL, TEXAS ORDINANCE NO.92551 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, PROVIDING FOR THE TEMPORARY CLOSURE OF A PORTION OF LEDBE'I'FER ROAD IN THE CITY OF COPPELL, DALLAS COUNTY, TEXAS; PROVIDING A SEVERABILITY CLAUSE AND ESTABLISHING DATE. WHEREAS, Bonneville International, owner of KAAM Radio and Fraser-Gordon Properties of Ontario, Canada, are the owners of real property abutting a portion of Ledbetter Road located within the corporate limits of the City of Coppell, Texas; and WHEREAS, said owners have requested that the City of Coppell close a portion of said Ledbetter Road that serves only the KAAM Radio property for the reasons set out in Exhibits "A" and "B" attached hereto; and WHEREAS, the City Council of the City of Coppell and said adjacent property owners have agreed that upon closure of said roadway said adjacent property owners shall assume all maintenance and responsibility for the closed portion of said roadway and agreed to be bound by the Release, Indemnity and Covenant Not To Sue attached hereto as Exhibit "C" and made a part hereof for all purposes; and WHEREAS, the City Council of the City of Coppell is of the opinion that the interest and welfare of the public will be best served by temporarily closing the portion of said roadway hereinafter described and that such portion of said roadway is not presently needed for street public use. NOW, THEREFORE, BE ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. Pursuant to Article 1175(5) V.A.C.S Texas Civil Statutes and the Charter of the City of Coppell, that part of Ledbetter Road south of the point shown on Exhibit "D" attached hereto is hereby temporarily closed on condition that the above-mentioned adjacent property owners construct a locked gate across said roadway at said location, provide the City of Coppell with a duplicate key to the locking device on said gate and sign the Release, Indemnity, and Covenant Not To Sue attached hereto as Exhibit "C". SECTION 2. This closure shall be a temporary closure of said roadway and the City of Coppell reserves the right to reopen the roadway at any time without further notice to the adjacent property owners. SECTION 3. If any article, paragraph or subsection, clause or provision of this ordinance shalI be adjudged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part declared to be invalid or unconstitutional. SECTION 4. This ordinance shall not be considered by the City Council of the City of Coppell until the adjacent property owners mentioned herein have approved the ordinance and signed the Release, Indemnity and Covenant Not To Sue attached hereto as Exhibit "D". SECTION 5. This ordinance shall take effect immediately from and after its passage as the law in such cases provides. dU~z~SfD bythe City Councilofthe City of CoppelI, Texas, the ~ ~ day of y . ,1992. APPROVED: ~) MAY~ A'I'I'EST: CITY ~ECRE~'TARY APPROVED AS TO FORM: I CTY COO92-0407 ORDINANCE APPROVED: BONNEVILLE INTERNATIONAL FRASER-GORDON PROPERTIES COO92-0407 03/IG/92 ~56 COPP~LL PUBLIC ~ ~ ] FAX TR~HaNI88IgH J . Radio Station I teohnioal Departnent J M~R U ~ 1992 Dallas, Texas 75349 I .............. J rex-Zil-?TB-?747 PU~I.!C WORKS ....... ~ ........ FROM; Hue Beavers CopFell Occt.B 6S643133818848688 Chie~ En~inee~ BASH Ratio (~bs~ 411, pg_,~RR TP 4 !~.?~ To: STI;UE ~OR~H 393-7646 KEH GRIFFIN Clt9 o~ Coppell--Cbt~ Be~ G~TE an Ledhotter Road This purpose o~ this fax lette~ is to seek auti~erlty fro, the Cit~ of Curtail t~ pJ~ ~ 9~c Acro~e th~ eoutlmoro pO~lO~ Of Led~et~e~ Real oF Belt Line road ned ~he 'Lo,~branc~' Saloon. ~s I a~m unuertaln OF appropriate to revise rertinen~ Ovaeta surroundtn~ thie activity. KRflB in as RM radio station o~ned h~ ]lonneullle International in Bolt Lake C11~, Utah. The co~pan~ purchased the par~l'uf la,d err L~dbettcr Read the earl~ 1968'e to construct the radio station. At that ~i,e, Ledbetter uas HackUerre. The immediate surroundin8 area }mad a rai~ amount or traffic o~lng~ In partF to the Buffalo Park race track and a ce,en~ sub-plant. deal. Ledbetter had boon blocked off due to the Corp oF EnBiee~r~ drainsee C~nal, fl)e cite oF ireins no lon~er considers the street to exist, the or commerce and clo~ure of the race track ~a~ left thO area largel9 uninhabited. Unfortunatol~ this ha~ resulted in a 9Peat doml Of abus~ Of the area~ siloMisS it to be a du~pin~ area for all kinds of ~ufuue.. R~in9 hidden fPOR Vie~, par~s oF the road are littered ~tth hear ~ottles, old tiree~ The radio station has contacted the representative of the o~ner of the tracts surrounding the Bonneville site, ~arren Henell, s CPA, representing Frazer/gordon has indicated that the9 are in accordance sit]~ the d~slre place a fiats across the road. Henall ~hat in January/februares Re,nil paid a good mum of ,one~ to have hazardous saterl~l~ that h~d been de,pod on his land (just north of the Benne~ill~ Rh~H tract) b9 unhnoMm permann. Racenile. om '~LI DaM' I could not ~ain accems to the II~H Bits until I removed e lnr~fe amount of brneh and tr~e cuttings that unknown pePson. had placed direoil, in the aiddie Of the right-effuse. As a result I ~ae dolas=a sore than 38 minute~ on au eeex'geoc9 call out at the InvaSIon. For ms, that was the 'stvau that broke ~he casul's The prnpe~e~ gate Mould be plac~d Just prior to the '$~ CUrve On the road~ag, I~ theop~ it should not impact the p~rhJ~g conessties problem for the Let~(lrbraneII saloon on ue~kend eunninUw. The ~atc ~ould be locked ~ltb Exhibit 'A" 0~/1~/~ 10:5~ COPPEL~ PUBLIC WORKS ~ ce~lnd~iO~ 'lock, ~cce~s b~ ~ orlzed personnel wo~l~ nu~ be p~ded. T~o ~.co~kie,a~lcc~uuld bc 91yen ~o applioablo local cl~ services (pollco/lira) and public u~ili~ias [os~er/eloctr|~l). I~ is cup ~eslPe ~o accompiis~ ~be coni~uc~tun ef ~he 9a~e In a ti~el~ WARREN HOWELL, CPA ?13.1 Vln H~k Drl~ (214) 24B.~J2 KAAM ~adio Re: Property along Le~bettsr Rosa south Coppe~l, Texas Z am she representative of ~raser-Gor~on Prop~rties~ Lt~ who 8~Cces~or to in~ere5~ ~o the .property from an en~i~y n~ Trilu~/Nor~hste~ Jeint. Venture and own 1001 interest', The propert~ 18 steaL on the ~X rolls in the Trtlend/Nor~hm~ed Joint Venture name, You are aware aS 18 the City of CoFp¢~ ~oxio was~e wsm.aumpea'o~. ~e Fraser~oraon ~aa~ an~ whl~h&e of'Frasor-gm~d~. I understand ~9 are- dssivou~ oe V~acinV Ledbetter Road south of the ~ng~ranch where the river ~omml ololes~ to Leebe~=er Ro~. Framer-Oor4~n who~oho~r~e~Xy oup~or~m ~ho placing Of the ga~e across ~he roa~ proper~, We mr0 ~ware %By [whom Fraser-Gordon ann oonmur in i~s placement, " Zn as muoh LeSbeb~er only ;erves ~he tr~nemi~er ~e r0a~ e~n he elo~s~ withou~ Any q~esz~ons b~ yourmel~ or ~he Cl~ me a~ (214) 508-443S. 6~a~ereZy, "' D. Warren Mowell [xh8b8~ "8" DWH/ch R=95% 214 393 7648 03-16-92 10:55AM PO08 ~iO RELEASE, INDEMNITY & COVENANT NOT TO SUE In consideration of City of Cpoppell's temporary closure of a portion of Ledbetter Road at the request of the undersigned and for the reasons set out in Exhibits A & B attached to the foregoing ordinance, the undersigned, for its successors, assigns, heirs and legal representatives, forever release The City of Coppell and all its past, present and future council members, officers, employees, and agents, their respective heirs and legal representatives (hereinaffer collectively referred to as Coppell) from and agree not to sue Coppell in connection with, any and all damages, claims, demands, rights and causes of action of whatever kind or nature based upon personal injuries, death or property damage to the undersigned arising out of the temporary closing of a portion of Ledbetter Road as requested by the undersigned, whether or not caused by any negligence of Coppell. The Undersigned, each for itself and for its successors, assigns, heirs and legal representatives, agree to indemnity Coppell against, and save them harmless from all damages, actions, causes of action, claims, judgments, executions, debts, costs of litigation and attorney fees which may in any way arise out of or result from the closure of said roadway or the use of the closed portion of said roadway as a private road during the period of closure. The undersigned acknowledges that the temporary closing of said road will make it more difficult and slower for the City of Coppell to respond into the area with emergency vehicles and the undersigned agree to assume such risk in order to have the roadway closed. THE UNDERSIGNED HAVE READ AND UNDERSTAND THE ABOVE AND UNDERSTAND THAT BY SIGNING THIS LIABILITY RELEASE, INDEMNITY & AGREEMENT NOT TO SUE, THE UNDERSIGNED GIVES UP VALUABLE RIGHTS AND ACKNOWLEDGE THE ASSUMPTION OF THE RISKS INVOLVED. Executed this day of ,1992. Bonneville International Executed this day of , 1992 Fraser-Gordon Properties j:!,; ' ,.. . .,.' EXhibit "C"