ST9304-CS 890223ALFRED SALLINGER
LAWRENCE W. JACKSON
TIM KIRK
ROBERT L. DILLARD Ill
ROBERT D. HEMPHILL
ROBERT E. HAGER
PETER G. SMITH
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
(Formerly Saner, Jack, Sallinger & Nichols)
Attorneys & Counselors at Law
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
(214) 954-3355
Facsimile (214) 954-3354
February 23, 1989
Mr. Russell Doyle, P.E.
City Engineer
City of Coppell
P. O. Box 478
Coppell, Texas 75019
Re:
License Agreement from Dallas to Coppell
Concerning 24" Waterline Project
Our File bio. 346
Dear Mr. Doyle:
This is in response to your letter of February 20 concerning the above mentioned
License Agreement.
The License Agreement is the City of Dallas' permission to permit Coppell to
construct the waterline within the corporate limits of the City of Dallas.
This License Agreement is horribly one-sided in favor of the City of Dallas, and
it should be noted that it provides among other very burdensome conditions the following:
Coppell shall maintain the line under the direction of the Dallas Department
of Public Works.
e
The City Council of the City of Dallas may terminate the license, at will,
and require Coppell to remove any improvements at Coppell's 'expense.
3. Termination of the license would not be subject to review by any court.
Coppell must relocate the 24" waterline, if necessary, at no cost to the
City of Dallas, to accommodate any public improvement that Dallas might
want to make, including any decision on the part of the City of Dallas
that the grade of any street, sidewalk, or parkway needs be modified or
changed or any other work done in connection with any public improvement
that would affect the license area.
Mr. Russell Doyle, P.E.
Page 2
February 23, 1989
Coppell must carry public liability insurance (or show satisfactory evidence
that Coppell is self-insured) in an amount not less than $100,000 property
damage per occurrence, or $300,000 bodily injury or death per occurrence.
Coppell must comply with all Dallas City Charter provisions and ordinances.
now in effect or those that may thereafter be passed or adopted.
7. ^ broad indemnity provision.
Be
A provision that states, "The City of Dallas shall have the right to increase
or decrease the compensation to be charged for the use contemplated by
this grant in accordance with the provisions of the Dallas City Code as
it now exists, or as may hereinafter be adopted or amended." This provision
could allow Dallas to establish a charge for use of the license privilege.
This license may be the best we can obtain from Dallas since we are asking them
for something and giving nothing in return. These burdensome covenants will in all
probability never cause the City of Coppell any concern, however, I feel that I must
point them out to the city as matters which lie solely within the discretion of the City
of Dallas and therefore could possibly impact the City of Coppell at some future time.
If you have any further questions, please do not hesitate to give me a call.
Very truly yours,
LWJ/wp
Enclosures
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
Mr. Alan D. Ratliff
City Manager
City of Coppell
P. O. Box 478
Coppell, Texas 75019
Mr. Kevin Peiffer, P.E.
Project Engineer
Ginn, Inc.
17103 Preston Road
Suite 100, LB 118
Dallas, Texas 75248