WA8801-CN 890314SUBMISSION DEADLINE: 5:0~/.m. Monday
Rev.: Effective 1/20/88
- 8 Days Preceding
~y Council Meeting
AGENDA REQUEST FORM
FOR CITY COUNCIL MEETING: March 14, 1989
I. REF/FILE NUMBER
: Dallas License Agreement (Z4" Waterline - C.I.P.)
II. ITEM CAPTION : Discussion and consideration of a Revocable License to the City
of Coppell from the City of Dallas, for the,.purpose of installing, maintaining and operating a Z4 inch
waterline within the City of Dallas' Beltline Road (E/W) right-of-way, and authorizing the Mayor to sign.
III. ACTION RECOMMENDED
: Approval
IV. REP. IN ATTENDANCE
Russell R. Doyle, P.E., City Engineer
A: STAFF -Kevin Peiffer, Acting P&Z Coordinator/Consulting Engine
B: OTHER - Larry Jackson, City Attorney
V. NOTIFICATION TO : N/A
METHOD OF CONTACT:
DATE :
VI. FINANCIAL REVIEW: 1. BUDGETED ITEM N/A : YES NO
2. BUDGET AMOUNT :
3. ESTIFLATED AMOUNT FOR THIS ITEM :
4. AMOUNT OVER OR UNDER BUDGET :
5. LOW BIDDER RECOMMENDED :
SOURCE OF FUNDING
CO'S OR BONDS FUNDS :
(Series or year authorized) :
OPERATING BUDGET (Account Number) :
OTHER :
YES NO
AGENDA REQUEST FORM
DMEMOI
APPROVED BY CITY MANAGER:
ITEM NUMBERJ~
ALFRED SALLINGER
LAWRENCE W. JACKSON
TIM KIRK
ROBERT I. DILLARD III
ROBERT D, HEMPHiLL
ROBERT E. HAGER
PETER G. SMITH
C
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
(Formerly Saner, Jack, Sallinger & Nichols)
Attorneys & Counselors at Law
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
(214) 954-3333
Facsimile (214) 954-3334
FF.B
j~uM PlFRCE GRIFFIN
DAVID M. BERMAN
JOHN F. ROEHM III
BRUCE A. STOCKARD
M. LEWIS KINARD
ROBERT L. DILLARD~ JR.
H. LOUIS NICHOLS
OF COUNSEL
February 23, 1989
Mr. Russell Doyle, P.E.
City Engineer
City of Coppell
P. O. Box 478
Coppell, Texas 75019
Re:
License Agreement from Dallas to Coppell
Concerning 24" Waterline Project
Our File No. 346
Dear Mr. Doyle:
This is in response to your letter of February 20 concerning the above mentioned
License Agreement.
The License Agreement is the City of Dallas' permission to permit Coppell to
construct the waterline within the corporate limits of the City of Dallas.
This License Agreement is horribly one-sided in favor of the City of Dallas, and
it should be noted that it provides among other very burdensome conditions the following:
Coppell shall maintain the line under the direction of the Dallas Department
of Public Works.
The City Council of the City of Dallas may terminate the license, at will,
and require Coppell to remove any improvements at Coppell's expense.
3. Termination of the license would not be subject to review by any court.
5
Coppell must relocate the 24" waterline, if necessary, at no cost to the
City of Dallas, to accommodate any public improvement that Dallas might
want to make, including any decision on the part of the City of Dallas
that the grade of any street, sidewalk, or parkway needs be modified or
changed or any other work done in connection with any public improvement
that would affect the license area.
Mr. Russell Doyle, P.E.
Page 2
February 23, 1989
Coppell must carry public liability insurance (or show satisfactory evidence
that Coppell is self-insured) in an amount not less than $100,000 property
damage per occurrence, or $300,000 bodily injury or death per occurrence.
Coppell must comply with all Dallas City Charter provisions and ordinances
now in effect or those that may thereafter be passed or adopted.
7. A broad indemnity provision.
A provision that states, "The City of Dallas shall have the right to increase
or decrease the compensation to be charged for the use contemplated by
this grant in accordance with the provisions of the Dallas City Code as
it now exists, or as may hereinafter be adopted or amended." This provision
could allow Dallas to establish a charge for use of the license privilege.
This license may be the best we can obtain from Dallas since we are asking them
for something and giving nothing in return. These burdensome covenants will in all
probability never cause the City of Coppell any concern, however, I feel that I must
point them out to the city as matters which lie solely within the discretion of the City
of Dallas and therefore could possibly impact the City of Coppell at some future time.
If you have any further questions, please do not hesitate to give me a call.
Very truly yours,
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
By ~, Lawrene . Jackson
LWJ/wp
Enclosures
cc:
Mr. Alan D. Ratliff
City Manager
City of Coppell
P. O. Box 478
Coppell, Texas 75019
Mr. Kevin Peiffer, P.E.
Project Engineer
Ginn, Inc.
17103 Preston Road
Suite 100, LB 118
Dallas, Texas 75248
C
GINN, INC.
February 20, 1989
CONSULTING ENGINEERS
Mr. Russell Doyle, P.E., City Engineer
City of Coppell
P.O. Box 478
Coppell, TX 75019
Re: 24" Waterline Project - CIP
Dear Mr. Doyle:
Please find a City of Dallas ordinance enclosed which will grant
a Revocable License to the City of Coppell for the purpose of
installing, maintaining and operating the above proposed
waterline within the City of Dallas' Belt Line Road (E/W) right-
of-way.
This instrument is submitted for review and approval by yourself
and/or Mr. Larry Jackson, City Attorney.
Once the City of Coppell has approved this instrument for form
and content, please have this instrument executed by the
appropriate City official.
Since this project has a Notice to Proceed with Construction
issued, dated February 13, 1989, a quick turn-around would be
appreciated. We shall then forward an executed copy of this
instrument to the City of Dallas.
Please call if you have any questions.
Sincerely,
Kevin Pei~f~er~E~.
KP/dsp
cc: Jim Gundlach, City of Dallas Property Management
H. Wayne Ginn, P.E.
Gabe Favre
John C. Karlsruher, P.E.
Sanford Case, P.E.
File 274 w/enclosure
17103 Preston Road · .quilt' If)f] · I1~ ]lsd · t-,.,tI.,~ T ........ ~.,,~, . r, ...........
CITY OF DALLAS
February 9, 1989
Mr. Kevin Peiffer
Project Engineer
Ginn Inc.
17103 Preston Road
Dallas, Texas 75248
24" Crosstown Waterline - City of Coppell, Texas
Dear Mr. Peiffer:
Enclosed for your records is a copy of a proposed ordinance which would
grant a Revocable License to City of Coppell for the purpose of
installing, maintaining and operating a 24" waterline near the
intersection of Northlake and Beltline Roads.
Please review this document and, if all is acceptable, sign this letter
where indicated below and return it.
When this properly executed letter is received, this matter will be
placed on the earliest possible Council A~enda.
Thank you for cooperation.
Very truly yours,
Gundlach
rty Management
I have reviewed the proposed ordinance attached hereto and find all of
its tems and conditions acceptable.
FOR:
Title:
PROPERTY MANAGEMENT CITY OF DALLAS 320 E. JEFFERSON BLVD. RM. 203 DALLAS, TEXAS75203 TELEPHONE 214/9484100
5211G