Adams-CS 880520Mr. Alan D. Ratliff
City Manager
City of Coppc]l
P. O. Box 478
Coppcll, Texas 75019
Re:
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
[Formerly Saner. Jack. Sallinger & Nichols}
Ai, torneys & Counselors aL Law
1800 Lincoln Plaza
500 N. Akard
Dnllas, Texas 75201
(2141 954-3333
Facsimile (214) 954-3334
I'l[{c;5,'{'ON CI';NTI"-R OFFIC~
DaUu, Tez~. ~522b
1214} 69'm.121#
May 20, 1988
John Adams/Shell Oil Company Drainage Probl}m
Our File No. 121
Dear Mr. Ratliff:
This is in regard to a letter from Mr. Jack Gay to Shell Oil Company, dated May
17, 1988, copies of which were sent to you, Steve Goram, and to me. Mr. Gay is the
attorney for Mr. John Adams. The letter involves a drainage problem on the Adams
property caused by surface water draining from the E Systems' tract through the Adams
property and into Denton Creek. Shell Oil Company owned the property adjacent to
the Adams tract prior to its conveyance to E Sysiems. For some time, the City has
been aware of Mr. Adams' attempts to obtain relief from E Systems or Shell Oil Company
for erosion to his property.
Based upon conversations and material sent both to me and to Steve Goram, it
appears that in 1980 a Mr. Foster, predecessor in title to Mr. Adams, gave Shell an
easement to provide surface water drainage from Shell's '~and across his land in order
to reach Denton Creek. Under this easement, Shell obtained the right to provide surface'
water drainage across ~his tract, however, conditions of the 'easement required this to
be accomplished this without damage to the property. Mr. Foster sold the property to
Mr. Adams in 1984.
Shell Oil Company then sold its property to E Systems, but apparently because
the easement was offsite, the title company did not pick it up and now there is a
question as to whether E Systems or Shell Oil Company is responsible for any damage
to Mr. Adams' property.
Apparently, surface water is being drained over the Adams' property for about
200 feet through an 18-inch pipe which opens into an open drainage channel for an
additional six or seven hundred feet before going 'into Denton Creek. Mr. Adams says
that the open ditch receiving the water from the E Systems tract is inadequate and is
causing great damage to his property, well beyond the bounds of the easement.
Mr. Adams says that the city took on the responsibility of flood plain regulation
when it adopted Ordinance No. 87-390 in October of 1987 and seeks the city's help
under Article IV(9), which states that the duties of the flood plain administrator shall
include enforcement of improvements to local drainage within new developments to
Mr. Alan D. Ratliff
Page 2
May 20, 1988
control increased runoff'that might increase the danger of flooding to users of the
development or flood hazards to users or other properties adjacent thereto, downstream
or upstream, of the development.
The main purpose of this letter is to apprise you of the situation in view of Mr.
Gay's letter requesting that someone from the city attend the meet. lng scheduled May 24.
Steve Goram has a file on this, and I believe attorney Jack Gay has contacted
Wayne Ginn since he is the flood plain administrator.
It is my opinion that the drainage question is a matter which should be resolved
between the individual property owners, but our flood plain administrator or someone
from the Engineering Department of the city should be on top of this matter to determine
whether or not the problems existing at this location warrant any action or monitoring
by the city pursuant to our flood plain regulations.
If. you have any questions concerning this matter, please do not hesitate to
contact me. Please advise as to whether or not I should attend the meeting on May 24.
Very truly yours,
SALLINGER, NICHOLS, JACKSON,
KIRK 6: DILLARD
LWJ/sb
CC:
Steve Goram
Wayne Ginn
By
Lawrence W. Jackson
A G ~,C L.'Li UF, E
: