WA9302-CS 940713 NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
LAWRENCE W. JACKSON Attorneys &Counselors at Law JOHN F. ROEHM III
ROBERT L. DILLARD ,~ 1800 Lincoln Plaza KATHERINE S. ROSE
ROBERT E, HAGER
PETER G. SMITH 500 North/~k:ard ROBERT L. DILLARD, JR.
H. LOUIS NtCHOLS
DAVID M. BERMAN DaJ. las, Tcxas 75201 OF COUNSEL
BRUCE A. STOCKARe (214) 954-3333
Fax (214) 954-3334
July 13, 1994
Mr. Kenneth M. Griffin, P.E.
Assistant City Manager/City Engineer
City of Coppell
P.O. Box 478
Coppell, Texas 75019
RE: Conflict of Interest
Dear Ken:
Pursuant to your request, the undersigned provides the following opinion
concerning whether a conflict of interest will result if the City engages the firm of Shimek,
Jacobs & Finklea to provide the design for the ground storage tank for the City while
such firm is engaged as a consultant for the City of Irving to design a water line that will
transverse the City of Coppell pursuant to a joint project funded by the Cities of Irving,
Coppell and Lewisville.
You advise the City is considering the engagement of Shimek, Jacobs & Finklea
to provide the design for the ground storage tank but are concerned that a violation of
Section 11.06 of the Charter may result since that firm has been engaged by the City of
Irving to design a water line that will transverse the City which jointly funded by the Cities
of Irving, Coppell and Lewisville. Section 11.06A of the City Charter prohibits a consultant
of the City to accept other employment or other outside activities incompatible with the
consultanrs duties to the City. Section 11.06B of the City Charter prohibits a consultant
of the City to provide services for compensation directly or indirectly to any person or
organization requesting an approval, investigation or determination from the City. It is the
latter provision which you have expressed concern since the project is a City of Irving
water line but because of mutual benefits is being funded jointly by the Cities of Irving,
Coppell and Lewisville.
Section 11.06B of the City Charter is intended to prohibit a consultant from
simultaneously providing services to the City and to another person or organization
requesting approval, investigation or determination from the City. The phrase "approval,
investigation or determination from the City" would include zoning approval, plat approval,
contract approval and similar actions. In this instance you advise that the City would
AGG05965
Mr. Kenneth M. Griffin, P.E.
July 13, 1994
Page 2
approve the route of the water line through the City prior to the acquisition of right-of-way
and would approve the plans for the section of water line in the City. Other than those
two items you advise the City will not be required to approve any permits, charge any
fees or provide any inspections of the water line. Thus, you ask whether the City of Irving
nonetheless will be requesting an approval, investigation or determination from the City
for purposes of Section 11.06B of the Charter rendering the firm of Shimek, Jacobs &
Finklea ineligible to serve as a consultant to the City for the design of the ground storage
tank.
In our opinion, Section 11.06B of the Charter does not apply in this instance. The
City of Irving as you have explained will not be requesting an approval, investigation or
determination from the City. Moreover, although the project is an Irving water line it is
essentially a joint project and therefore the duties and responsibilities owed by Shimek,
Jacobs & Finklea to the City of Irving are duties and responsibilities owed to the City of
Coppell as a joint participant. The consultant's activities connected with the City of Irving
are not incompatible with the City of Coppell. Accordingly, under the facts as presented,
a conflict of interest does not result if the City engages Shimek, Jacobs & Finklea to
provide the design for the ground storage tank.
Thank you for your attention to this matter. If you have any questions in this
regard, please do not hesitate to contact me.
Very truly yours,
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, L.L.P.
By://~-;~ ~
~'~l~ter G. Smith
PGS/gh
cc: Mr. Steve Goram
Director of Public Works
City of Coppell
P.O. Box 478
Coppell, Texas 75019
AGG05965
Mr. Kenneth M. Griffin, P.E.
July 13, 1994
Page 3
Mr. James Witt
City Manager
City of Coppell
P. O. Box 478
Coppell, Texas 75019
AGG05965