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ST9302-CS010817 MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Jennifer Armstrong, Director of Finance From: Ken Griffin, P.E., Director of Engineering/Public Works ]~ Date: August 17, 2001 RE: Sandy Lake Road ST 93-02/TXU Invoice Enclosed with this memo is a copy of an invoice from TXU Lone Star Pipeline Company in the amount of $38,556.64. Since January 2000, I have been in conversation with representatives of TXU concerning the invoice for surveying and miscellaneous expenses related to the relocation of a 16" gas transmission line at the intersection of Moore Road and Sandy Lake Rd. During the original design of Sandy Lake Road, it was anticipated that the 16" gas line would be relocated. It was also anticipated that the relocation would be at the expense of TXU. Because this was a transmission line, representatives of TXU stated that the cost to relocate would be a City expense. They then provided an estimated cost of $318,700 for the relocation of the 16" gas transmission line. In my reading of the franchise agreement with the City of Coppell, it was my opinion that the relocation should be covered under the franchise agreement. I then provided information to our attorney, Pete Smith, seeking a legal opinion. Pete's opinion was that TXU would be required to relocate the gas transmission line unless it was located in a private easement, which predates the dedication of the roadway. I then requested TXU to provide me copies of their easement, which they had acquired to install the 16" gas transmission line. In March 2001, TXU provided a copy of their easement dated June and July of 1915. They also reduced the original invoice by $4,689.04. During subsequent conversations with TXU, I noted that the July 1915 easement references S.H. 40 which is now Sandy Lake Road. While they crossed a portion of Sandy Lake Road, their position is that the lowering would have required them to lower approximately 720 feet of the 16" gas line. They also note that the original S.H. 40 right-of-way was approximately 60 to 65 feet So therefore, their position is that they did have a separate easement outside the limits of the S.H. 40 / Sandy Lake Road right-of-way. It is difficult to determine if the drainage structure proposed for the Sandy Lake Road improvements which was in conflict with the 16" gas line was actually within the original 60 to 65 foot right-of-way of old S.H. 40 or if it was within other right-of-way acquired as property developed adjacent to Sandy Lake Road. In an effort to resolve this issue, TXU reduced the original invoice and in an effort to resolve this issue I am recommending that we pay TXU $33,867.60 as compensation for their work involved with the proposed relocation of the 16" gas line. This is $284,832.40 less than what it would have cost to relocate the gas line. The gas line did not need to be relocated with this project because I offered a design of a transitional drainage structure that would go under the existing gas line without the need to relocate. The transitional structure concept was one I had used on a previous project. It worked very well in this situation. If you should have any questions I will be more than happy to provide additional backup or answer any questions. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"