WA9401-AG 940308 AGENDA REQUEST FORM
CITY COUNCIL MEETING:March 8, 1994
ITEM
ITEM CAPTION:
Consideration and approval of appropriating unallocated interest in
the amount of $36,000 and reallocation of $144,000 appropriated to the
Wrangler Drive 12" water line for a total of $180,000, for theEast
Beltline water line.
SUBMITTED BY: Alan Johnson ~
TITLE: Interim Finance Director INITIAL8
STAFF COMMENTS:
Per the agreement between the City Council and Johnny Thompson, this
agenda request is to amend the Capital Projects allocation to provide
the necessary funds for the Beltline water line. Approximate cost is
$180,000.
STAFF RECOMMENDATION
EXPLANATION:
Approval X
Denial
BUDGET AMT.$ AMT. EST.$180,000 +/- BUD:$
FINANCIAL COMMENTS:
Funds are available from the 1991 Water/Sewer Bond Issue.
Wrangler Drive
Unallocated Interest
Total
FINANCIAL REVIEW:~
Ageada Request Form - Revised 1/94
$144,000
36,000
$180~000
CITY MANAGER REVI
COMPROMISE AND SE'I'rLEMENT AGREEMENT
This Agreement by and between the City of Coppell, Texas, (heroinafter referred
to as "Coppell") and Johnny J.E. Thompson, (hereinafter referred to as 'Thompson'),
Steve Kimbmll (hereinafter referred to as 'Kimbreil.) and Addan Moore (hereinafter
referred to as "Moore') as their interests may appear:
WHEREAS, bonafide disputes and controversies exist between the parties, both
as to liability and the mount thereof, if any, by reason of such disputes and
controversies, the parties herato desire to compromise and settle all claims and ceuses
of action of any kind whatsoever that the parties have or may have in the future adsing
out of the disputes described herein and intend that the full terms and conditions of the
compromise and settlement be set forth in this compromise and setlienent agreement.
RFTrl FMFNT TI=RMR
NOW, THEREFORE, in consideraffi3n of the mutual promises, warranties,
representations, agreements, and releases contained herein, and for other good and
valuable consideration, the suf~dency of which is hereby acknowledged, the parties agree
as follows:
1. That Coppell shall install a twelve inch (12.) water line from the existing water
main located on the eastern portion of Blooming Colors Survey Plat to a point parallel with
Fairway Drive in Coppeil, Texas as extended; and from that location Coppell shall install
an 8" water line to the intersection of Fairway Drive with Ledbetter Road within the City
of Coppeil, Texas; and from that location Coppeil shall then extended said water line to
property line of the premises commonly known as 1850 East Beltline Road, Coppell,
Texas.
2. Coppell shall dismiss its claims with prejudice in Cause Number 89-40174,
styled Coppall Independent School District vs. Johnny J.E. Thompson, et ux concerning
ad valorem taxes owed by Johnny E. Thompson.
3. Coppell shall dismiss its appeal Cause Number 05-B-O0633-CV, styled City of
Coppell, Texas vs. Johnny J.E. Thompson, et al, currently pending before the Court of
Appeals, 5th Supreme Judicial District, Dallas, Texas; and shall dismiss or cause to be
dismissed any pending municipal ordinance criminal cases pending in the Coppell
Municipal Court or in the County Cdminal Court of Appeals.
4. Coppell shall withdraw its protest in SOAH Docket Number 458-93-379 and
TABC Docket #552951, styled The Renewal Application of Longbranch Country Club N-
128986 and PE-128988 vs. Dallas County, Texas (TABC ~ No. 552951) before the
State Office of Administrative Hearing.
5. Johnny J.E. Thompson, shall dismiss with prejudice Cause Number 93-09540,
styled Johnny J.E. Thompson vs. City of Coppell, currently pending in the llS0th Judicial
District Court, Dallas County, Texas.
6. Johnny J.E. Thompson, shall dismiss with prejudice Cause Number 93-4996,
styled Johnny J.E. Thompson vs. City of Coppell, Mark Wolfe, Peyton Weaver, David
Thomas, Jim Garrison, Tom Morton, Lanny Mayo, Alan Ratlift and Gary Sieb, in the 162nd
District Court of Dallas County, Texas.
7. Coppell further agrees that, in the event Dallas Area Rapid Transit or its
successor attempts to close access into the property commonly referred to as 1850 East
Beltline Road, Coppell, Texas, it will use its municipal power in providing access into said
property; it being the intent that Coppell will use its best efforts to provide such access
into said property.
8. Coppell agrees to undertake reannexation proceedings, and, Thompson egress
to not oppose such, with regard to Thompson's residence property located at 1780 East
Beltline Road, Coppall, Texas, being more particularly described as Abstract 1493, Tract
3, Coppell, Dallas County, Texas. Coppell egrees that the reannexation or annexation of
the property located at 1780 East Beltline Road as described above shall not be
construed as an admission that the previous annexation of said property is invalid or that
said property is not located within the corporate limits of the City of Coppell. Texas.
9. W'dhin sixty (60) days after the completion of the installation of the water lines
to property line of 1850 Beltline by Coppell as described above, Thompson, Kimbrell and
Moore, at their cost, agree to erect and install a fire hydrant to the aforementioned water
line to provide suffident fire flow. The location of said fire hydrant shall be estaj;ished in
substantial compliance with Exhibit A, which is attached hereto and in(x~oorated heraln
10. Coppell, Thompson, Kimbreil and Moore, and each of them, hereby each
FULLY AND COMPLETELY MUTUALLY RELEASE AND FOREVER DISCHARGE each
other, and their respective past and present partners, shareholders, employees, agents,
contractors, heirs, assigns, executors, affiliates, entities, directors, trustees, and all those
Compromile and ~tttl,,,ent/iree~ Page 3 AGGOS(F9
in privity with them, or who may claim by or through them, and any predecessors or
successors in interest, whether named herein or not, their insurers, and their attorneys,
from any and all claims debts, demands, actions, causes of action, lawsuits, sums of
money, contracts, agreements, judgments and/or liabilities whatsoever, both at law and
in equity, which any of them ever had, now have or may hereafter have against the
others, or any of them, pertaining to, or arising directly or indirectly from or related in any
way to any acts, omissions or duties of the others prior to the date of this Compromise
and Settlement Agreement, including (but not limited to) any acts, omissions or duties of
the others in connection with the various lawsuits, as above set forth (herainafter 'the
lawsuits"). The released claims include (but ere not limited to): all claims which were
asserted or which could have b,?,,?,n asserted in the lawsuits, described in this agreement,
and any claims that in any way relate to, arise out of, or ere in any way connected with
the ailagations contained in those Lawsuits.
dismissed with court costs borne by the parties incurring same. Concurrent with
execution of this Agreement, the parties will direct their respective attorneys to file an
Agreed Order Dismissing All Claims With Prejudice in accordance with this agreement.
RFPRI::SFNTATI~N-~ ANI'} WARRANTidal
12. Coppell, Thompson, Kimbrell and Moore, and each of them, mutually
represent and warrant that they are the sole owners of the claims [and the properties the
subject of this agreement] they purport to release hersin, and that they have not
Compromise Ind Settlement A3rasn~snt, Psge 4 AG(}060F9
transferred, assigned, subrogated, or otherwise encumbered those claims or any part
thereof.
13. Coppell, Thompson, Kimbrell and Moore, and each of them, mutually
rapresent and warrant that they have made a full and compete investigation of the
circumstances surrounding this matter, aided by their legal counsel, and that they have
full knowledge of all facts involved.
14. Coppell, Thompson, Kimbreil and Moore, and each of them, mutually
represent and warrant that they understand this to be a full, final and complete settlement,
and that it cannot be reopened at any time regardless of what might take place or later
Coppell, Thompson, Kimbrell and Moore, and each of them, mutually
rapresent and warrant that they have carefully read ltds Cornpromise and Seffiernent
Agreement, that they know and understand its contents completely, that they have
consulted with their attorneys regarding it, and that they are executing this Compromise
and Settlement Agreement of their own free will, act and deed.
16. Coppell, Thompson, Kimbrell and Moore, and each of them, mutually
represent and warrant that each individual signing this Compromise end Settlement
Agreement on their behalf has complete and full authority to act on behalf of the entity for
which the individual purports to act, and has the authority to bind each of the parties and
all other persons or entities with any right, title or interest herein.
GENERAL PROVISIONS
17. Coppell, Thompson, Kimbreil, and Moore and their respective agents herein
acknowledge and agree that all parties have denied and continue to deny all allegations
made by their adversaries in connection with the above-named lawsuits, and that
settlement, the performance of the above-described duties, and any other actions taken
by the parties in connection herewith, shall not be deemed to be or construed as an
admission of liability or an admission of the truthfulness of any of the allegations made
by any party to the lawsuits. Rather. the parties expressly acknowledge that each of the
actions herein have been taken in order to avoid the expense and inconvenience of
further litigation between and among them.
18. Coppell, Thompson, Kimbreil and Moore each acknow{edge and agree that
each has entered into this Compromise and Settlement Agreement, in reliance upon each
of the representations, warranties and agreements made herein by Thompson, Kimbrdl
end Moore, and each of them, and Coppell.
unenforceable under present or future laws applicable and effective during the term of this
agreement, then and in that event, it is the intention of the parties hereto that the
remainder of this agreement shall not be affected thereby and it is also the intention of
the parties herato that in lieu of the clause or provision of this agreement that is illegal,
invalid or unenforceable, there be added as a part of this agreement a clause or provision
as similar in terms to such illegal, invalid or unenforceable clause or provision as may be
possible and legal, valid and enforceable and in compliance with applicable law.
Compromise and ~tttle.~ent ~Oreement, Pale 6 AGG06~
20. This Compromise and Settlement Agreement shall be governed by and
construed in accordance with the laws of the State of Texas in all respects, including
matters of construction, validity, enforcement and interpretation. Venue of any litigation
arising from this Agreement shall be in Dallas, Texas.
21. This Compromise and Settlement Agreement shall be binding upon and
inure to the benefit of the parties and their respective heirs, executors, administrators,
heirs, personal representatives, successors and assigns.
22. The parties to this Compromise and Settlement Agreement further agree that
this agreement may be signed in counterparts and each executed copy shall be a
counterpart original, with full force and effect and enforceable against the parties
executing same.
23. The terms of this Compromise and Settlement Agreement are contractual
and are not mere redtals.
IN WITNESS WHEREOF, we have set our hands effective this __ day of
,1994.
CITY OF COPPELL, TEXAS
M~7or, Tom Motion
JOHNNY J. E. THOMPSON
Oornpromise mncl ~,~"%n,enl Agreement. Psge 7 ~
STEVE KIMBRELL
ADRIAN MOORE
ACKNOVVI FI'N~MFNT
THE STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned, a Notary Public in and for said County and State,
on this day personally appeared Tom Morton, Mayor of the City of Coppell, Texas, known
to me to be the person whose name is subscribed to the foregoing instnjment and
acknowledged to me that he executed the same for the purposes and consideraffi;m
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
,1994.
My Commission Expires:
ACKNt'WVI FrX~MFNT
THE STATE OF TEXAS §
§
COUNTY OF DALLAS §
BEFORE ME, the undersigned, a Notary Public in and for said County and State,
on this day personally appeared Johnny J.E. Thompson, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this
,1994.
day of
Compromise snd .%tU,.,.snt Agreement, Page 8 AGG060PI
Notary Public in and for
the State of Texas
My Commission Expires:
ACKNOWI FDRMFNT
THE STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned, a Notary Public in and for said County and State,
on this day personally appeared Steve Kimbrall, known to me to be the person wtx}~
name is subscribed to the foregoing instrument and acimowiedged to me that he
executed the same for the purposes end conside'alion therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
,1994.
Notary Public in and for
the State of Texas
My Commission Expires:
ACKNilWI FI"~MFNT
THE STATE OF TEXAS §
§
COUNTY OF DALLAS §
BEFORE ME, the undersigned, a Notary Public in and for said County and State,
on this day personally appeared Adrian Moore, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
,1994.
My Commission Expires:
Notary Public in and for
the State of Texas
Compromise and Sdtle. Y~.t~t .~ement, Page 10 AGOO(F9
EXHIBIT A
JOHNNY J.E. THOMPSON
Plaintiff
CITY OF COPPELL
Defendant'
CAUSE NO. 93-09540
IN THE DISTRICT COURT
160TH JUDICIAL DISTRICT
DALLAS COUNTY, TEXAS
AGREED ORDER DISMISSING AIJ. O.AIMS WrrH PERtUnICS'.
Came on to be heard the above en~~ed and numbered cause, wherein Johnny LE.
Thompson is Plaintiff and the City of Coppell, Texas, is Defendant, and the parties
appeared by and through their respective attorneys of record and announced to the Court
that all matters of controversy between them had been fully and finally compromi~t.d and
settled.
It is therefore
ORDERED, ADJUDGED AND DECREED that this cause of action be and is
hereby dismi-~! with prejudice to the refiling of same, and that said plaintiff will withdraw
all property descn'bed in Exhibit A from said suit and such property shall not be considered
in these proceedings.
same.
SIGNED this
Further, all costs of court are taxed against the party incurring the
__ day of ,1994.
JUDGE PRF~IDING
EXHIBIT "B" Aeeoao~
! '1
AGREED AND ACKNOWLEDGED:
Johnny J.E. Thompson
Robert L. Rosen, Attorney for
Johnny J.E. Thompson
CITY OF COPPEI 1~ TEXAS
James Witt
Its City Msna~er
Robert E. Hager, Attorney for
City of Coppell
ORDER - PAGE 2
EXHIBIT 'B'
AGG05OF9
CAUSE NO. 05-93-00633-CV
IN THE
COURT OF APPEALS
FOR THE FIFTH SUPREME JUDICIAL DISTRICT OF TEXAS
DALLAS COUNTY, TEXAS
CITY OF COPPELL
APPELLANT
VSe
JOHNNY J.E. THOMPSON,
ADRIAN MOORE, STEVE KIMBRELL,
THE LONGBRANCH COUNTRY CLUB
AND THE UNKNOWN MANAGER
OF THE LONGBRANCH COUNTRY
CLUB
APPELLEES
AGItEED OI~DER DISMISSING AT J, CLAIMS WITH pllluUnli~i?,
Came on to be heard the above enfi~ed and numbered cause, wherein City of
Coppeli is Appellant and Johnny J.E. Thompson, Adrian Moore, Steve Kimbrell, the
Longbranch Country Club and the Unknown Manager of the Longbranch Country Club are
Appellees, and the parties appeared by and through their respective attorneys of record and
announced to the Court that all matters of controversy between them had been fully and
finally compromised and settled, and Appellant, City of Coppe!l, desires to withdraw its
appeal of said matter.
It is therefore
ORDERED, ADJUDGED AND DECREED that this appeal be and is hereby
dismissed with prejudice to the refiling of same, all costs of court are taxed against the party
ORDER - PAGE 3
EXHIBIT 'B"
! '1
incurring the same.
SIGNED this
__ day of ,1994.
JUSTICE PRESIDING
AGREED AND ACKNOWI ,EDGED:
Johnny J.E. Thompson
Steve Kimbrell
Adrian Moore
Robert L Rosen, Attorney for
Appellees
CITY OF COPPELL, TEXAS
By:
James Witt
Its City Manager
Robert E. Hager, Attorney for
c ty of coppen
ORDER - PAGE 4
EXHIBIT "B"
CAUSE NO. 93-4996
JOHNNY J.E. THOMPSON
Plaintiff
CITY OF COPPELL, MARK WOLFE,
PEYTON WEAVER, DAVID THOMAS,
JIM GARRISON, TOM MORTON,
LANNY MAYO, MAN RATLIFF
AND GARY SIEB
Defendants
IN THE DISTRICT COURT
162ND JUDICIAL DISTRICT
DALLAS COUNTY, TEXAS
AGI~EED ORDER DISMISRING .~IJ. CIAIMR ~ pitEtUDICT~
Came on m ~ he~d ~e ~e en~fi~ ~d ~r~ ~, wh~e~ John~ J.E.
~om~n h PI~ ~d ~e ~ of ~p~ Ti M~k Wo~e, P~on Wuver, Da~d
~o~ J~ ~~ Tom MoRo~ ~ ~yor, ~ ~tliff ~d ~ Sieb ~e
Defen~ ~d ~e p~es a~ ~ ~d ~ou~ ~e~ ~ a~m~ of r~
~d annO~ W ~e ~ ~t ~ m~ d ~nffove~ ~een ~em ~ ~n ~y
~d ~y w~romi~ ~d ~.
It ~ ~erefore
O~E~D, ~~ED ~ D~ED ~at ~is ~ d ~on ~ ~d ~
here~ ~mi~ ~ preju~ W ~e re~ d ne ~t nm~ h~~, ~ ~
of wun ~e ~ed ~t ~e p~ h~ ~e he.
SIG~D this __ ~y d ,1~.
JUDGE PRESIDING
ORDER- PAGE S EXHIBIT 'B' ~
AGREED AND ACKNOWLEDGED:
Johnny J.E. Thompson
CITY OF COPPE! I~ TEXAS
James Witt
Its City Manager
Mark Wolfe
Its
Peyton Weaver
Its
David Thomas
Its
Jim Garrison
Its
Tom Morton
Its
I army Mayo
ItS
Alan Ratlift
Its
ORDER - PAGE 6
EXHIBIT 'B'
! T
By:
Gary Sieb
Its
By:
Peter G. Smith City Attorney for
City of Coppell
James T. Jeffrey, Jr., Attorney for
City of Coppell
ORDER - PAGE 7
EXHIBIT"B"
SOAH DOCKET NO. 4~8-93-379
IN RE: THE RENEWAL APPLICATION §
OF LONGBRANCH COUNTRY CLUB §
§
N-128986 AND PE-128988 §
VS. §
DALLAS COUNTY, TEXAS §
(TABC CASE NO, 5S2951) §
BEFORETHE
STATE OffICE OF
ADMINISTRATIVE HEARING
AGREED ORDER DISMISSING CITY OF COPPEI.I. PROTEST WITH pREtUBIf-'E
TO THE HONORAB! .F~ CATHI-PEN PARS!
Came on to be heard the above-numbered and entitled cause, wherein the
Longbranch Country Club is Applicant and the City of Coppert is Prote~tan~ the parties
appeared by and through their respective attorneys of record and announced to the Court
that all matters of controversy between them have been fully and finally compromi~'.~l and
settled.
It is therefore
ORDERED, ADJUDGED AND DECREED that the City of CoppeWs protest in
the above-captioned matter be and is hereby dismi-_e-~ed with prejudice to the re~ling of
same, all costs of court are taxed against the party incurring the same.
JUDGE PRESIDING
ORDER- PAGE 8 EXHIBIT "B" Aeeo,:,o~
AGREED AND ACKNOWI EDGED:
CITY OF COPPEI ,I ~ TEXAS
By.'
James Witt
Its City Manager
Robert E. Hager, Attorney for
the City of Coppell
By:
Lowell Lasley, Attorney for
the City of Coppell
By:.
Stephen F. Shaw
Attorney for Applicant
ORDER - PAGE 9
EXHIBIT "B*