SS9402B-AG 951024 With A BeautJ~l Future
CITY
AGENDA REQUEST FORM
COUNCIL MEETIN(~: October 24, 1995
ITEM
ITEM CAPTION:
SUBMITTED BY: Kenneth M. Griffin, P.E. ~
TITLE: Assistant City Manager/City En~eer
STAFF COMMENTS: ~
Consideration and approval of a resolution waiving ~the 'assessment for 4
in favor of the dedication of two easements and authorizing the Mayor
See attached memo.
STAFF RECOMMENDATION Approval ~
EXPLANATION:
Staff willbe availabletodiscuss~ the Council meeting.
Denial
BUDGET AMT.$
FINANCIAL COMMENTS:
AMT. EST.$
+/- Bxyot$
FINANCIAL REVIEW:
CITY MANAGER KEVI~:
Agenda Request Form - Revised 1/94
Put *~oldem'od' paper in printer-
Document Nam~ ¢~.02
To:
From:
RE:
Date:
MEMORANDUM
Mayor and City Council
Kenneth M. Griffm, P.E., Assistant City Manager/City Engineer ~
Consideration and approval of a resolution waiving the assessment for 401 S.
Denton Tap Road in favor of the dedication of two easements and authorizing the
Mayor to sign.
October 16, 1995
The City of Coppell has been negotiating with Joseph C. Thweatt concerning the acquisition of
easements off of two parcels of land that he owns adjacent to Denton Tap Road. Mr. Thweatt
has not been receptive to dedicating these easements to the City of Coppell because of past
dedications to the City for Bethel Road, Denton Tap Road and various other utility lines. It is
Mr. Thweatt's opinion that he has been treated less than fairly in some of his deali~s with the
City and therefore is taking the position that he will not dedicate any additional 1~. Because
of his unwillingness to dedicate the land, the City investigated the possibility of revising the
construction plans to avoid a section of his property. The redesign of the plans and the
additional construction costs would be in the range of approximately $20,000 to $25,000.
During our conversations with Mr. Thweatt, he stated that he would be willing to grant the
easements if the City waived the assessments currently on the property he owns at 401 South
Denton Tap Road. The City has previously negotiated easements along Demon Tap Road in
exchange for the elimination of the assessments.
Because of the cost to redesign and construct the sewer line and the need to begin construction
on this project, the City recommends approval of the waiver of this assessment in favor of the
dedication of two permanent utility easements and a temporary construction easement from Mr.
Thweatt. I will be available to discuss this at the Council meeting.
1/ESOLUTION OF ~ CITY OF COPIm3.L
RESOLUTION NO.
A RESOLUTION OF THE CITY OF COPPELL, TEXAS AUTHORIZING
RELEASE OF A STREET ASSESSMENT FOR AND IN CONSIDERATION OF THE
DEDICATION BY THE PROPERTY OWNER OF TWO PERMANENT UTILITY
EASEMENTS AND A TEMPORARY CONSTRUCTION EASEMENT; PROVIDING FOR
EXECUTION OF A RELEASE UPON RECEIPT OF AN EASEMENT DEED; AND
PROVIDING AND EFFECTIVE DATE.
WHEREAS, by Ordinance No. 90472, dated April 10, 1990, a street assessment was
levied against Joseph C. Thweatt, owner of a 13.9258 acre tract of land at 401 S. Denton Tap
Road (Abstract 301 Tract 3 E. A. Crow Survey), Coppell, Texas, in the sum of $21,480; and
WHEREAS, the assessment has not been paid in full and the City is desirous of acquiring
a permanent utility and a temporary construction easement from the referenced property and a
permanent utility easement from Abstract 301 Tract 9 E. A. Crow Survey both properties
belonging to Joseph C. Thweatt; and
WHEREAS, the parties have agreed that it is reasonable that Joseph C. Thweatt dedicate
the easements to the City in exchange for a release of the street assessment; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That upon delivery to the City of the two permanent utility easements and
the temporary construction easement deeds from Joseph C. Thweatt for the properties described
in Exhibits "A" & "B" attached hereto and made part hereof for all purposes, the City Manager
be, and he is hereby, authorized to execute a full release of the certificate of special assessment
authorized against the Joseph C. Thweatt property by Ordinance No. 90472.
SECTION 2. That this Resolution shall take effect from and after its passage, and it
is accordingly so resolved.
the
DULY PASSED and approved by the City Council of the City of Coppell, Texas on this
__ day of ., 1995.
CITY OF COPPELL
APPROVED AS TO FORM:
TOM MORTON, MAYOR
ATTEST:
PETER G. SMITH, CITY ATTORNEY
LINDA GRAU, CITY SECRETARY