ST9304-CS 890209 (2)CITY OF DALLAS
February 9, 1989
Mr. Kevin Peiffer
Project Engineer
Ginn Inc.
17103 Preston Road
Dallas, Texas 75248
RE: 24" Crossto~n~aterline - City of Coppell, Texas
Dear tlr. Peiffer:
Enclosed for your records is a copy of a proposed ordinance ~i~ich ~ould
grant a Revocable License to City of Coppell for the purpose of
installing, maintaining and operating a 24" waterline near the
intersection of Northlake and Beltline Roads.
Please review this document and, if all is acceptable, sign this letter
where indicated below and return it.
l~hen this properly executed letter is received, this ~atter will be
placed on the earliest possible Council Agenda.
Thank you for cooperation.
Very truly yours,
,~..[~ Gundlach
l~r~rty Management
I have reviewed the proposed ordinance attached hereto and find all of
its terms ~ itions acceptable.
FOR~
fllOPIIITY IIANA~I. IIINT CiTY OF DALI.~S 3~) F- JEFFERSON BLVD. RM. 203 DALLAS, TEXAS 752Q~ TELEPHONE 214/948-4100
5211G
ORDINANCE NO~
An ordinance granting a Revocable License to City of Coppell to occupy,
maintain, and utilize certain public property located near the intersection of
Northlake and Beltline Roads within the limits hereinafter ~ore fully
described, for the purpose of installing, maintaining and operating a 24"
waterline; providing for the terms and conditions of this license; providing
for the waiver of compensation to be paid to the City of Dallas; providing
for the waiver of payment of the publication fee; and Providing an effective
date of this license and ordinance.
ooo0ooo
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
SI~CTION 1~ That a Revocable License, hereinafter referred to as
"license", subject to the restrictions and conditions of this ordinance, is
hereby granted to City of Coppell, a Texas municipal corporation,' its
successors and assigns, hereinafter referred to as "GRANTEE", to occupy,
maintain, and utilize for the purpose set out hereinbelow the tract of land
described in Exhibit A, hereinafter referred to as "licensed area" which is
attached hereto and made a part hereof.
SECTION 2. That this license is granted for a term of thirty (30)
years unless sooner terminated according to other terms and provisions herein
contained.
SECTION 3. That the above described property shall be used by GRANTEE
for the following purpose under the direction of the Director of Public ~/orks
O041V/JCG/4406
of the City of Dallas: To install, operate and maintain a 24" water
transmission line.
SECTION 4; That this license is subject to the provisions set forth in
Exhibit B, attached hereto and made a part hereof.
SECTION S~ That this license is nonexclusive and is made expressly
subject and subordinate to the right of the City to use the licensed area for
any public purpose~ The Governing Body of the City of Dallas reserves the
right to terminate and cancel this license, at will, by Resolution passed by
said Governing Body~ Upon termination all rights granted hereUnder shall
thereupon be considered fully terminated and cancelled and the City of Dallas
shall not be held liable by reason thereof~ Said resolution shall be final
and shall not be subject to review by the Courts~ GRANTEE shall have the
right of cancellation upon giving the City of Dallas sixty (50) days written
notice of its intention to cancel, and either event upon the termination or
cancellation by the City or GRANTEE, as the case may be, this license shall
become null and void and GRANTEE or anyone claiming any rights under this
instrument shall remove any improvements and encroachments from said area at
GRANTEE's expense~ Failure to do so shall~subject GRANTEE to the provisions
contained in Exhibit B, Subsection (a), All work shall be done at the sole
cost of GRANTEE and to the satisfaction of the Director of Public
SECTION 6~ That the license is subject to the following conditions,
terms and reservations:
a) Grantee shall relocate the 24" water line, if necessary at no cost to
the City of Dallas, to accomodate any public improvement;;
b) Grantee must comply with all State, Federal and City of Dallas laws,
and all OSHA requirementsl
c) Grantee agrees that the trench is compacted in accordance with Section
6.2.9, BACKFILL, of the NCTCOG Standard Specifications for Public
Works Construction; and
d) Grantee shall design the proposed water line to clear all existing
storm drainage facilities.
0041V/JCG/4406
St~CTION 7' That the license granted hereby shall not become effective
until and unless GRANTEE files an acceptance, in Writing, to the terms and
conditions of this ordinance with the Property Management Director and said
acceptance shall be forwarded to the City Secretary of the City of Dallas.
In the event said acceptance in writing is not filed within 6 months after the
passage of this ordinance as provided for herein, then the Property Management
Director may terminate this license.
SECTION 8~ That the terms and conditions contained in this ordinance
shall be binding upon GRANT~, its successors and assigns.
SI~CTION 9~ That this license may not be assigned without prior written
approval from the Property Management Director, or his designee. Such
assignment shall recite that it is subject to the terms, restrictions, and
conditions contained in this ordinance. The assignee shall deliver a copy of
the assignment, along with the assignee's written acceptance of the provisions
of this ordinance to the Property Management Director within 10 days of such
assignment; said assignment and acceptance shall be forwarded to the City
Secretary of the City of Dallas. Should GRANTEE fail. to obtain prior approval
for assignment of. this license or fail to provide the City of Dallas with the
required written acceptance and a copy of the assignment, the Property
Management Director may terminate this license.
SECTION 10. That in lieu of the insurance requirements specified in
Exhibit B, Subsection (c), GRANTEE may self-insure to the extent permitted by
applicable law under any plan of self-insurance, maintained in accordance with
sound accounting practices, against the risks described in this Subsection (c)
and shall not be required to maintain insurance hereunder provided that GRANTEE
furnishes the City satisfactory evidence of the existence of an insurance
reserve adequate for the risks covered by such plan of self-assurance, evidence
O041V/JCG/4406 3
of which shall be provided to the City prior to issuance of a certified copy
of the ordinance to GRANT~.
SECTION 11~ That the City Secretary is hereby authorized and directed
.;
to certify a copy of this ordinance for Tecordation in the Deed~Records of
Dallas County, Texas, which certified copy shall be delivered to the Property
Management Director, or his designee. The Property Management Director, or his
designee, shall deliver to GRANTEE the certified copy of this ordinance. The
Property Managment Director, or his designee, shall be the sole source for
receiving certified copies of this ordinance for one year after its passage.
SECTION 12. That the provisions of Article VI of Chapter 43 of the
Dallas City code not required by state law or the City Charter are hereby
waived.
SECTION 13~ This ordinance shall take effect immediately from and
after its passage in connection with the provisions of the Charter of the City
of Dallas and it is accordingly so ordained.
APPROVED AS TO FORM:
ANALESLIE KONCY, City Attorney
BY/~ssistant City Attorney -~
PROPERTY MANA~ DIRECTOR
L. G. PEPPER
O041V/JCG/4406 4 ~
EXHIBIT A
FIELD NOTES DESCRIBING PART OF BELT LINE ROAJ) TO BE LICENSED TO THE CITY OF COPPELL
FOR A 24" WATERLINE.
ALL THAT certain lot, tract or parcel of land ,lying and being situated in the City
and County of Dallas, Texas, more particularly described as roi-lows:
BEING situated in the Jacob G. Carlock Survey,Abstract No. 312, the James Parrish
Survey, Abstract No. 1139, and the McKinney and Williams Survey, Abstract No. 1054,
all in Dallas County,Texas, and being a lO.O foot wide portion of Belt Line Road
lying 5.0 feet each side of the following described centerline;
COMMENCING at the intersection of the centerline of Belt Line Road (1-20' wide
right-of-way) with the east line of said James G. Carlock Survey, said east line
being the common city limit line between the city of Dallas, Texas and the city of
Coppell, Texas, as established by City annexation Ordinance No. 8394, said
intersection point being shown as engineer's station 84+47.5 on the right-of-way map
~f Belt Line Road on file at the Dallas County Engineer's office;
~THENCE North 00°59'00'' East along the east line of said Carlock Survey and said
common city limit line, a distance of 58.13 feet to a point lying 55.00 feet
perpendicularly distant northeast from the centerline of Belt Line Road, said point
being the POINT OF BEGINNING of the herein described centerline;
~HENCE North 70°07'00'' West, along a line 55.00 feet perpendicularly north from
and parallel with the centerline of Belt Line Road, a distance of 567.94 feet to the
beginning of a tangent curve to the left having a central angle of 41°04'00'' and a
radius of 2919.79 feet;
THENCE in a northwesterly, westerly and southwesterly direction along said curve,
being 55.00 feet radially distant north from and concentric with the. curving
centerline of Belt Line Road, an arc distance of 2092.75 feet to the end of said
curve;
THENCE South 68°49'00" West, along a line 55.00 feet perpendicularly distant
northwest from and parallel with the centerline of Belt Line road, crossing the
centerline of Moore Road, and continuing for a distance of 1490. g6 feet to the
beginning of a tangent curve to the left having a central angle of 37°40'00'' and a
radius of 1964.86 feet;
THENCE in a southwesterly direction along said curve to the left, being 55.00 feet
radially distant northwest from and concentric with the curving centerli~e of Belt
L(ne Road, ~or an arc d~tance of 12gl.71 feet to the end of said curve:
TNENCE South 31°09'00'' West, continuing along a line 55.00 feet perpendicularly
distant northwest from and parallel with the centerline of Belt Line Road, a
distance of 578.68 feet to the beginning of a tangent curve to the right having a
central angle of 37°25'47" and a radius of 1377.39 feet;~
EXHIBIT A
FIELD NOTES DESCRIBING PART OF BELT LINE ROAD TO BE LICENSED TO THE CITY OF COPPELL
FOR A 24" WATERLINE. PAGE 2.
ENCE in a southwesterly direction along said curve to the right, being $5.00
kfeet radially distant northwest from and concentric with the curving centerline of
Belt Line Road, for an arc distance of 8gg. S1 feet, more or less to the intersection
of same with the Dallas and Coppell common city limit line, said intersection being
the Point of Ending of the herein described tract and being approximately 6921.85
~eet in total length and containing approximately 69,218 square feet of land. b~
GRD/gd
02-01-89
0913S
dk 49
PAGE I OF 5
ADDITIONAL LICENSE PROVISIONS
That this license is granted subject to the following conditions, terms and
reservations:
{a) That at such time as this license is terminated or cancelled for any
reason whatsoever, GRANTER, upon orders issued by the City acting through the
Director of Public l~orks, or his designee,, shall remove all installations,
improvements and appurtenances owned by it situated in, under or attached to
the licensed area, and shall restore the premises to its former condition in
accordance with the requirements of the Director of Public ~/orks at the sole
cost of GRANTRE. In' the event, upon termination of this license, GRANTEE
shall fail to remove its installations, improvements and appurtenances and to
restore the licensed area in compliance with orders issued by City, or' 'such
.~ork is not done to the satisfaction of the Director of Public l~orks, then in
either event the City shall have the right to do all work necessary to re~'tore
Said area to its former condition or cause such work to be done, and to assess
the cost of all such work against GRANTEE; in neither event shall the City of
Dallas be liable to GRANTEE on account thereof.
(b) It is further understood that if and when the City of Dallas, in the
exercise of its discretion, shall determine that the grade of any street,
sidewalk or parkway should be modified or changed, or that any other work
should be done in connection with any lm~blic improvement which will affect the
licensed area, and/or any of GRANTEE's imsta'llations and improvements thereon~
any modifications or changes in construction or reconstruction of any public
improvement attributable to GRANTEE's use of the licensed area and/or its
PAGE 2 OF 5
installations and improvements thereon, shall be made~ at the sole expense of
GRANTEE and to the satisfaction of the Dir,ector of Public Works,
(c) It is understood 'and agreed, and a condition hereof, that GRANTEE
shall at all times during the term hereof, carry public liability insurance
against personal injury and property damage with a company authorized to do
business in the State of Texas and satisfactory to the City of Dallas,
protecting the City of Dallas against any and a].l claims for damages to
persons or property as a result of or arising out of the use,~0peration and
maintenance by GRANTEE of the licensed area and GRANTEE's installations,
improvements, landscaping and equipment in connection therewith and located
therein. Said insurance shall name the City of Dallas as an additional
insured and shall be in an amount of not less than:
$100,000.00 Property Damage, Per Occurrence
$300,000.00 - Bodily Injury or Death, Per Occurrence "
GRANTEE shall carry said insurance at its expense, and shall upon request
furnish the City of Dallas a certificate of such coverage. Said policy shall
bear an endorsement to the effect that no cancellation will be effective
without first giving thirty (30) days written notice to the Property
~Management Director. In the event GRANTEE shall allow said insurance coverage
to lapse during the term hereof, or should GRANTEE fail to provide a
certificate evidencing insurance coverage in accordance with the
specifications as required by this section within thirty (30) days subsequent
to mailing of a written request therefc~e;- the Property Mar~gement Director
may terminate the license granted herein.
PAGE 3 OF S
(d) This license is subject to all State laws, the provisions of the
Charter of the City of Dallas as it now exists, or as may hereafter be adopted
or amended, and the ordinances of the City (~f Dallas now in effect ~r those
which may hereafter be passed or adopted. 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 Dal.las
City Code as it now exists, or as may hereafter be adopted or amended.
(e) The Governing Body of the City of .Dallas reserves the' right, at any
time without notice, to terminate and cancel this license, by resolution, upon
a finding by the Governing Body that this license is inconsistent with the
public use of the property or whenever the purpose or use of the license is
likely to become a nuisance, and all rights granted hereunder shall thereupon
be considered fully terminated and cancelled and the City of Dallas shall not
be held liable by reason thereof. The decision of the Governing Body of' the
City in this matter shall be final and binding upon all par. ties insofar as .ihe
Ci'ty's determination as to whether the GRANTEE's use of this license
constitutes a nuisance or is inconsistent_ with the public use of the property.
(f) As a condition hereof, GRANTEE agrees and is bound to indemnify,
de[end and hold the City of Dallas whole and harmless against any and all
claims for damages, costs and expenses, to persons or property that may arise
out ot~, or be occasioned by the use, occupancy and maintenance of GRANTEE's
installations and improvements within the licensed area, or from any act or
omission of any representative, agent, customer and/or employee of GRANTEE.
This agreement shall also cover any claim-for damage that any mti-lity, whether
publicly or privately owned, may sustain or receive by reason of GRANTEE's use
0021F
PAGE 4 of
o£ said license or GRANT~'s improvements and equipment located thereon.
GRANTEE shall never make any claim o£ any;kind or charac~ter whatsoever against
the City o£ Dallas for damages that it may suffer by reason o£ the
installation, construction, reconstruction, operation and/or maintenance of
any public improvement or utility, whether presently in place or which may in
the future be constructed or installed, including but not limited to, any.
water and/or sanitary_ sewer mains and/or storm sewer facilities and whether
such damage is due to flooding, infiltration, backflow and/or seepage caused
from the failure o£ any installation, natural causes or from any other cause
of whatsoever kind or nature. It is the intention of this indemnity agreement
On the part o£ GRANTEE, and a condition of this license, that it shall be full
and total indemnity against any kind or character of claim whatsoever that may
be asserted against the City of Dallas by reason or as a consequence of having
granted permission to GRANTEE to use and maintain the licensed area. GRANTEE
hereby agrees to defend any and all suits, claims or causes of action brought
against the City of Dallas' on acCount of" same, and discharge any judgment or
judgments that may be rendered against the City o£ Dallas in connection
therewith.
(g) This license is sUbject to any existing Utilities or communication
facilities, including drainage, presently located within the licensed area,
owned and/or operated bY the City of Dallas or any utility or communications
company, public or private, and to any vested rights presently owned by any
utility or co~nunicatfons companY, public or private, for the use o£ the
licensed area for facilities presently l~cated within the bo~Ind~ries of said
licensed area. It is the intent of the foregoing that this permission herein
0021F-
PAGE S OF S
is made expressly subject to the utilization of the licensed area for
communication and utility purposes, bo, th public and private, including
drainage, over, under, through, across and along the licensed area. No
buildings shall be constructed or placed upon, over or across the licensed
area in such a manner as to interfere with the Operation of any utilities and
communication facilities. All and any communication company and utility, both
public and private, shall have the right to remove and keep removed all or
parts of any buildings which may in any way endanger or interfere with the
construction, maintenance or efficiency of its respective systems withi.n the
licensed area' All communication companies and utilities, both public and
private, shall at all times have the full right of ingress and egress to or
from and upon the licensed area for the purpose of constructing, relocating,
inspecting, patrolling, maintaining and adding to or removing all or part of
its respective systems without the necessity at any time of procuring' the
permission.' of anyone.
O021F
COPPELL
o : ~. c
Waterline License
Dallas City Llmff