ST8401-CN 851202AGENDA ITEM NO.
CARROLLTON
DATE: December 2, 1985
TO:
FROM:
SUBJECT:
Mike Eastland
Karen Brophy
Interlocal Agreement with the City of Coppell
re: Macarthur Blvd.
COMMENTS:
A developer in Coppell is extending Macarthur Blvd. Approximately
130' of this road will be in the City of Carrollton corporate
limits.
By the attached interlocal agreement, the City of Carrollton grants
the City of Coppell the right to build and maintain the road in our
city limits. The City of Coppell agrees to indemnify a~d hold
harmless the City of Carrollton from any claims arising from this
construction and care of the road.
Dallas Power & Light will grant the City of Carrollton the right
of way necessary for the road. As consideration for the easement,
DP&L seeks a release from the cost of construction of the road and
any improvements in the next 5 years. This road is not being built
with City of Carrollton funds and Coppell would need our agreement
to assess DP&L.
DESIRED ACTION:
Authorize the City Manager to enter into an Interlocal Cooperation
Agreement with the City of Coppell regarding Macarthur Blvd.; and
accept ~treet right of way easement from Dallas Power & Light.
Resolution to that affect is attached.
SIGNATURE:
TITLE: City Attorney
RESOLUTION NO. 52-12-85
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
EASEMENT OR RIGHT OF WAY; AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF COPPELL;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property described in Exhibit A attached hereto
is necessary for construction of a street right-of-way and
other municipal purposes; and
W~EREAS, the consideration expressed in Exhibit A does not
exceed the fair market value for the easement conveyed
therein;
WHEREAS, the City of Carrollton desires to cooperate with the
City of Coppell to facilitate the construction and
maintenance of the street by the City of Coppell. NOW
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
CARROLLTON, TEXAS:
Section 1
That the Council of the City of Carrollton hereby approves
and accepts the easement or right-of-way for street and other
municipal purposes, as fully set out in Exhibit A.
Section 2
That the City Manager is hereby authorized to execute an
Interlocal Cooperation Agreement with the City of Coppell
whereby the City of Coppell shall assume all responsibility
for the costs of construction and maintenance of the
Macarthur Boulevard where it exists in the City of Carrollton
corporate limits.
Section 3
That the City Manager is authorized to take those actions
reasonable and necessary to implement this resolution.
Page 2
Section 4
That this resolution shall take effect immediately from and
after its passage.
PASSED AND APPROVED THIS 10TH DAY OF DECEMBER, 1985.
City of Carrollton, Texas
ATTE ST:
City Secretary
Approved as to form:
By:
Mayor
C
INTERLOCAL AGREEMENT
WBEREAS, the tract of land deseribed herein and shown on the plat attached
hereto as Exhibit "A" is a portion of Maearthur Boulevard which runs north through
the corporate limits of the City of Copped and at said location erosses a strip of land
within the corporate limits of the City of Carrollton; and
WHEREAS, the City of Copped desires to maintain said lViacarthur Boulevard,
including that portion located within the corporate limits of the City of Carrollton; and
WHEREAS, the City of Carrollton and the City of Coppell recognize the need
for eooperation for the eontinued growth and prosperity of both eities;
NOW, THEREFORE, in and for the eonsideration of the mutual promises, covenants
and obligations as set forth herein, the City of CoppeD and the City of Carrollton agree
as follows:
SECTION 1.
The City of Carrollton, Texas, grants-unto the City of CoppeD, Texas, the right
of entry into the corporate boUndaries of the City of Carrollton for the pUrpose of
permitting the City of Coppell to eonstruet and maintain a city street and all appurtenant
utilities in, over and under that certain tract of land shown on the plat attached hereto
as Exhibit "A" and more particularly described by metes and bounds on Exhibit "B" which
is attached hereto and made a part hereof for all purposes.
SECTION 2.
In conSideration for such right of entry, the City of Copped hereby agrees to
maintain said roadway at its eost.
SECTION 3.
The City of CoppeD further agrees to indemnify the City of Carrollton, and save
it harmless from, all damages, actions, causes of aetion, elaims, judgments, costs of
litigation and attorneys' fees, whieh may in any way arise out of or result from any act
or failure to act on the part of the City of Coppell, its agents, servants and employees
growing out of the construction or maintenance of said roadway and any appurtenant
utilities placed therkin by the said City of Coppell, its agents, servants or employees.
SECTION 4.
The term of this Agreement shall commence on the date of 'its exeeut{on and
continue in force and effect until terminated by mutual agreement of the parties hereto.
SECTION 5.
No officer or employee of the City of Coppell or the City of Carrollton shall
have any financial interest; direct or indirect, in this Agreement or in the purchase or
sale of any property, materials, services, supplies or equipment used in the performance
of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Interlocal Agreement
this day of ., 1985.
C~TY OP ~OPPgLL
CITY OP CARROLLTON
Mayor Mayor
ATTEST: ATTEST:
City Secretary
City Secretary
APPROVED AS TO FORM:
APPROVED AS TO FORM:
City Attorney City Attorney
C
Lying and situated in Dallas County, Texas, and being a part of
that certain 16.50 acre tract of land in 'the S.A. &
M.G.R.R.Survey, Abstract No. 1442 conveyed to Dallas Power &
Light Company by J. B. Lesley, et ux, by a Warranty Deed dated
October' 16, 1956, of record in Volume 4594, page 302, Deed
Records of Dallas County, Texas, and being more particularly
described by metes and bounds as follows:
Commencing at the point of intersection of the northwest line·
of the above described 16.50 acre tract of land with the
southwest right of way line of Sandy Lake Road (an 80 foot
right of way);
Thence S 29° 13' 43" W, along the northwest line of said 16.50
.acre tract, 3515.77 feet to a point on a non-tangent curve to
the right whose center bears S 43° 15' 43" W, a distance of
875.00 feet and the POINT OF B~GINNING;
THENCE in a sou.theasterly 'direction, along said curve to the
right through a central angle of 08° 59' 13", a radius of
875.00 feet and a tangent length of 68.76 feet, an arc distance
of 137.24 feet to a point on the 'southeast line of said 16.50
acre tract;
THf~gCE S 29° 13' 41" W, along said southeast line, .121.11 feet
to a point on a non-tangent curve to the left whose center
keats S 55° 47' 53" W, a distance of 765.00 feet;
THENCE in a northwesterly direction, "along said curve to the
left through a central' angle of 10" 28' 03", a radius of 765.00
feet and a tangent length of. 70.07 feet, an arc distance of
139.76 feet to a point on the northwest line 'of said 16.50 acre
tract;
THENCE N 29" 12' 55" E, along said northwest line, 113.90 feet
to the point of beginning.
EXHIBIT' "B"