ST9304-CS 930416 ,...
To: Mayor and City Council .,,..,~ ~ ~.. ::~,) ~,2-- ~..
From: Kenneth M. Griffin, P.E., City Engineer ~ /~ ~' ''\ .~k. LL~ ~-o L-
RE: Dhcussion of aHgmem of ~ltHne Road from
Denton Tap to MacA~hur Blvd. ~+ ~ ~
I have recently been contacted by Mr. Allen Bud Beene, Dallas County Director of Public
Works concerning the design of Beltline Road between Denton Tap and MacArthur Blvd. Mr.
Beene indicated that possibly the County may have some available funds to hire a consultant to
design the section of Beltline Road between MacArthur Blvd. and Denton Tap. There may also
need to be some cost participation on the City' s part. Mr. Beene stated that they have held off
of this project for some time now because of alignment changes requested or investigated by the
City of Coppell.
I have researched our files and found that at the February 16, 1988 City Council meeting, the
City Council approved an agreement between the City and Crow-Billingsley concerning the
realignment of Beltline Road. A clause in the agreement stated that if the work was not
performed within two years, then the agreement would expire.
Prior to the County spending funds on this project, the County is seeking a definitive answer on
whether or not the City of Coppell is seeking a realignment of Beltline Road from its present
alignment. Staff is seeking direction from the City Council on whether or not we should contact
Dallas County to inform them that the alignment will stay in its present location or that the City
of Coppell will pursue the alternate route that was previously brought forth in 1988. If the
Council's wish is to keep the alignment as it currently exists, then the Engineering Department
will contact Dallas County to inquire about what process needs to be followed to authorize the
County to let a contract for the design of Beltline Road between Denton Tap and MacArthur
Blvd.
Staff will be available to answer any questions concerning this issue.
MEMO
TO: Alan D. Ratliff, City Manager
VIA: ~' Gary L. Sieb, Director of Planning and Community Services
FROM: M. Shohre Danes~hmand, Acting City Engineer I~2~
SUBJECT: Beltline E-W, from Denton Tap Road to MacArthur Blvd.
DATE: May !6, 1991
As per your request, I am providing the following information which is
based on my research and findings:
- On 2/16/88, the City Council approved an agreement between the City
and Crow-Billingsley (agreement) with amendments. (See attached
minutes.]
On 2/19/88, Larry Jackson provided the City with copies of revised
agreement for final execution. (See attached.) I have been unable
to locate an executed copy of this agreement.
- !t appears that the agreement, if executed, would have expired by
2/16/90. (See attached letter from Larry Jackson, dated 7/13/89.)
- On 2 9/89, Wayne Ginn had provided estimates of the probable costs
for constructing and engineering of this roadway. (See attached).
- Basically, it appears that the new route has been approved by the
City Council, see attached Exhibit 1 (or A). However, since it was
approved as part of the agreement, I am not certain whether the
approved new route is valid or not.
To implement this roadway improvement, participation of several
entities are required, such as Coppell, Dallas, Irving~ Dallas
County, TU Electric, developer(s), etc. Coordination among state and
federal agencies, in addition to the above, is also required.
It is my understanding that this project has been put on hold for some
time. Staff recommends that the City retain Ginn & Case, Inc.'s services,
inasmuch as Ginn is most familiar with this subject, would require the
least amount of "start up' time, and has completed considerable
preliminary engineering work on this roadway. However, if time is not of
the essence, and if we feel additional cost is not prohibitive, then we
may wish to solicit other engineering firm participation in this project.
It is our position at this point that Ginn is our most cost efficient
alternative. Unless otherwise directed, staff will continue working on
this matter and will keep you informed of the progress.
MSD/bd
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
(Fonuerly Saner, Jmck, Sailingmr & Nichols)
Attorneys & ~rs nt L~w puSTON CENTIER OFFICE
500 N. Akard |2141 r~2-1218
Dallas. Texas 75201
{214) 954'3333
February 19, 1988 ................
Mr. Alan Ratliff
City Manager
Ci'~y of Coppell
P. O. Box 478
Coppell, Texas 75019
Re: Crow-BillinffsleY, Belt Line Rd. Agreement
Our File No. 178
Dear Mr. Ratliff:
At the last Council meeting the City Council approved, for execution by the
Mayor, the above agreement subject to the addition of three new paragraphs. Enclosed
are' four originals to which the three new paragraphs have been added. Before the
Mayor signs these Exhibit "A" which was attached to the first draft should be attached
to this final agreement. I am also enclosing one copy on which I have marked the
three new paragraphs.
Very truly yours,
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
By
Lawrence W. Jackson
LWJ:wp
Enclosures
ec:
Ginn Inc.
Tim House
AGREEMENT
This Agreement is entered into as of the day of February, 1988, by
the CiTY OF COPPELL, TEXAS, Dallas County, TeXas ("City"), and CROW-BILLINGSLEY
MACARTHUR, LTD. and CROW-BILLINGSLEY BELT LINE, LTD. (collectively, the
"Developer").
The following recitals form the basis for and are a part of this Agreement:
RECITAL A. Developer is the owner and developer of a 132-acre tract located
south of Belt Line Road, west of MacArthur Boulevard, and east of North Lake generating
station, approximately 32 acres of which is within the existing city Limits of Coppell.
Said tract is shown on Exhibit "A," which is attached hereto and made a part hereof.
RECITAL B. Developer desires to realign that section of Belt Line Road beginning
at point "B," on Exhibit "A," approximately 200 feet west of MacArthur Boulevard and
proceeding to the west boundary line of Developer's property, point "C," on Exhibit "A."
RECITAL C. The City has determined that given the Developer's construction
commitments described heroin, the realignment of Belt Line Road as shown on Exhibit
"A" will benefit the City by reducing its share of construction costs and enhancing the
economic development potential of land within the City limits.
NOW, THEREFORE, in consideration of the mutual covenants heroin expressed
and the mutual benefits to be realized, City and Developer agree as follows:
1. DEVELOPER CONSTRUCTION COMMITMENTS- Developer shall have the
obligation for both construction costs and design costs for (a) Belt Line Road from its
existing intersection with MacArthur Boulevard to its proposed intersection with
Mockingbird Lane extended at point "C" on Exhibit "A"; Co) the Belt Line Road ,Bridge
over Grapevine Creek at point "X-I" on Exhibit "A"; and (c) Grapevine Creek channel
improvements from the Southern Pacific Railroad right-of-waY at point "Y" through
Dcveloper's property to point "Z" on Exhibit "A"; (d) Developer will not pay for the
.~_y,.~)~ relocation of Dallas Power & Light transmission lines.
2. OTHER DEVELOPER COMMITMEMTS- Developer will also be responsible
for one-hag of the design and construction costs of extending and improving Mockingbird
Lane, including the bridge over Grapevine Creek at point "X-2" and the intersection
with realigned Belt Line Road. Developer will voluntarily provide its share of funds at
the time of construction. In the event Developer acquires the property generally shown
as Tract "A" on Exhibit "A," Developer will pay for one hundred (100) percent of such
design and construction costs.
3. CiTY TO ACCEPT BELT LINE ROAD- City will at its expense provide
inspection of the construction of Belt Line Road and Mockingbird Lane extension- Upon
completion as per City specifications, City shah promptly obtain a certificate of
completion from its engineers and issue its certificate of acceptance and assume
ownership.
4. CiTY TO RELOCATE DP&L UTiLITiES. City shah be responsible for the
design and construction costs for the relocation of the existing Dallas Power & Light
Company (DP&L) utility lines, including all power transmission lines, service and other
CK88-0208 Page
lines, from where presently located to the proposed location as shown on Exhibit "A."
City will also be responsible for negotiating with DP&L and TU Electric for the relocatjon
of their lines to the new proposed right-of-way and the abandonment of the existing
right-of-way as shown on Exhibit "A." It is understood that DP&L at its sole discretion
may or may not agree to the power line relocation. In the event DP&L does not
approve the relocation, this Agreement shall not be binding on either party.
5. BELT LINE RIGHT-OF-WAY. Developer will dedicate at no cost to the
City the new right-of-way required for realigned Be]t Line Road on its property, with
the understanding that the City shall cause to be abandoned to Developer or to DP&L
as the case may require, that portion of the existing Belt Line Road which will be used
for the construction of the Grapevine Creek improvements and will be required for the
new proposed right-of-way for the DP&L transmission lines. City will also abandon in
favor of Developer that part of existing Belt Line Road marked as Tracts "B" and "C"
on Exhibit "A".
Both Developer and City enter into this Agreement with the understanding that
all of the redssigned Belt Line Road right-of-way shall be dedicated to the City of
Coppe]l and will be located within the corporate limits of the City of Coppall and such is
a mataria} condition of this Agreement. In the event all of the right-of-way of realigned
Belt Line Road, within Developer's property, cannot be brought into the corporate limits
of the City of Coppall, this Agreement shall terminate and shall not thereafter be
binding on either party.
~. ' DP&L RIGHIT-OF-WAY. Developer shall donate at no cost to City or
DP&L, as the case may be, the right-of-way on its property required for the relocation
of the DP&L utility lines. The City shall endeavor to cause the abandonment of the
existing DP&L right-of-way and the deeding thereof to Developer at no cost to Developer.
City shall use reasonable efforts to assist, coordinate, and facilitate this exchange of
right-of-way.
7. REIMBURSEMENT TO DEVELOPER. It is understood that Developer will
be constructing or paying the costs of construction for a portion of the proposed Belt
Line Road improvements which is not adjacent to their property, specifically that portion
of Belt Line Road lying between points "G" and "H" on Exhibit "A." Developer shall
be reimbursed on a pro rata basis from any pro rats payments received by the City
pursuant to any assessment program or other cost sharing agreement, this provision
specifically applying to that portion of Belt Line Road lying between points 'K3" and "H"
on Exhibit "A."
8. HOLD HARMLESS AGREEMENT. At the time of the execution of this
Agreement a determination has not been made between the parties as to whether
Developer will dedicate the proposed right-of-way for the realigned Belt Line Road so
that the City may let the construction contract or whether the Developer will contract
for the construction of the realigned Belt Line Road and thereafter dedicate the same
to the City. Provided, however, it is understood and agreed that in the event the
Developer contracts for construction of the realigned Belt Line Road, a portion of such
construction work will take place on, in and around the present existing Belt Line Road
and in such event, Deve]oper agrees to defend, indemnify and hold harmless the City,
its respective officers, agents and employees from and against all damages, claims,
losses, demands, suits, judgments, and costs, including reasonable attorneys' fees and
expenses arising out of or resulting from such construction work, provided that such
damages, claim, loss, demand, suit, judgment, cost or expense:
CK88-0208 Page 2
1. Is attributable to bodily injury, sickness, disease or death or to injury to
or destruction of tangible property (other than the work [tselD, including
the loss of use resulting therefrom; and
2. ts caused in whole or in part by any negligent act or omission of Developer,
its contractor, or any subcontractor, or anyone directly or indirectly
employed by any one of them or anyone for whose acts any of them may
be l~able, regardless of whether or not it is caused in part by a party
indemnified hereunder.
That Developer shall require in its contract with any contractor a similar
indemnification agreement so indemnifying the City.
9. INSURANCE. The Developer shall, at its own expense, and shall require
any contractor at its own expense, to purchase, maintain and keep in force such insurance
as will protect from claims set forth below which may arise out of or result from
Developer's operations or Developer's contractor's operations, whether such operations
be by themselves or by any contractor or subcontractor or by anyone directly or
indirectly employed by ~ny one of them, or by anyone for whose acts any of them may
be liable:
1. Worker's compensation claims, disability benefits and other similar employee
benefits acts;
2. Claims for damages because of bodily injury, occupational sickness or
disease, or death of his employees, and claims insured by usual bodily
injury liability coverages;
3. Claims for damages because of bodily injury, sickness or disease, or death
of any person other than their employees, and claims insured by usual
bodily injury liability coverages;
4. Claims for damages because of injury to or destruction of tangible property,
including loss of use resulting therefrom.
Before commencing an~ work, Developer and its cc~ntractor shall file w~th the
City valid certificates of insurance acceptable to the City. Such certificates shall
contain a provision that coverages afforded under the policies will not be cancelled
until at least fifteen (15) days prior written notice has been g~ven to City.
It being understood and agreed that in the event Developer contracts for the
construction of realigned Belt lane Road, Developer and its contractor, shall, upon
commencement of said construction, assume all duties owed by the City to the general
public in connection with the general public's immediate approach to and travel tlrou[h
the work site and the area adjacent to said work site.
~ 10. In the event either party is unable to comply with this Agreement because
of matters not within the parties' control or in the event there is a failure of some
essential element, such as but not limited to, failure to obtain FEMA approval, or
failure to obtain approval by other municipalities or governmental agencies or entities,
or acts of nature or God, then if the matter cannot be resolved by agreement, either
party may elect to terminate this Agreement and thereafter the Agreement shall not
be binding on either party.
-
CK88-0208 Page 3
COST ESTIMATES. Both Developer and City enter into .this r
based on cost estimates prepared by the City's designated engineer. GIn , -,
show the maximum cost to be incurred by either party to perform the obligations
described herein will not exceed Two Million Dollars ($2,000,0p0.00). In the event that
the actual cost for either party is determined to exceed Two Million Dollars
($2,0~0,000.00) and the matter cannot be resolved by agreement, then that party will
have the right to terminate this Agreement under the condition that said party will
assume full responsibility for all engineering design costs expanded to date._______..__.__..
12. TIMING. Because City may not have sufficient funds available to perform
immediately its construction obligations as described herein, the parties agree that the
City and Developer shall commence construction of the projects described in this
Agreement within two (2) years from the date of the Agreement. The City shah
authorize engineers to proceed immediately with the design.
13. GENERAL. This Agreement shall be binding on and inure to the benefit
of the parties hereto, their successors and assigns. This Agreement constitutes the
entire Agreement between the parties and may not be contradicted, varied or
supplemented by proof of any prior or contemporaneous agreement, promise or
representation, whether written or oral.
14. NOTICE. Any notice given pursuant to this Agreement shall be in writing
and shall be effective when personally delivered, if delivered by courier or, if mailed,
three (3) business days after deposit in the United States mail, postage prepaid, certified,
return receipt requested. The addresses of the parties for receipt of notice are as
follows:
If to City:
City of Coppell, Texas
P. O. Box 478
Coppell, Texas 75019.
If :o Developer:
c/o Mr. Henry Billi,~g~ie~
2001 B~,an Tower, Suite 3900
Dallas, Texas 75201.
CK88-0208 Page 4
CITY OF COPPELL
By:
Lou Duggan, Mayor
ATTEST:
City Secretary
CROW-BILLINGSLEY MACARTHUR, LTD.
By:
Henry Billingsley
General Partner
CROW-BILLINGSLEY BELT LINE, LTD.
By:
Henry Billingsley
General Partner
The Coppell City Attorney has approved the form of this Agreement and represents to
Developer that this Agreement is a valid and binding obligation of City.
~Co~ City Attc~n~/
CK88-0208 Page 5
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
1800 L~coln Plas~
500 N, Aka~
Dallas, Texas 75201 ,~,z,~ ~. 0,~.~, ~..
(214) gS~.8S~S ,. ~u,,
July 13, 1989
Mr, Alan D. Rathff
City Manager
City of Coppell
P. O, Box 478
Coppell. Texas 75018
Re: Our File No. 178
Crow-Billingsley Rea!i~'nmcnt Agreement for Beltline Road
Dear Mr. Ra~liff:
Responding ~o your handwri%ten memorandum dated July 10, 1988, a copy of
which ~ enclosed, i respond ~ fo~ows:
The mos% recent item in my file Js my letter of February 19, 1988, ~d ~e
Agreement ~ amended. The agreement wu amended by adding a new paragraph (the
second unnumbered paragraph of number 5), a new Nragra~h 10, and a new ~ra~raph
I1. The amendments were pursuit to ~he directions of the City Co~cH a~ their
mee~ing on February !6, When ~hJs item ~me up on the ~, Tim House ~d I were
instructed to leave the Co~eil chamber for a short period work out the chugs.
After doing ~is we ~en~ back before ~he City Council ~d read them the new paragrap~
to be added to the Agreement. The agreement ws then approved ~ chUgS. On
February 19, I ~nser~ed into the typewritten Agreemen~ the chang~ which had ~en
agreed to by Mr. Ho~e, myself, and the City Council ~d sent it all to you under cover
of my letter of February
It is my oplnJon that ~h the Council and Mr. Hose considered the Agreement
effective as of the da~e of the Council mee~g on February 16.
I do think that we should obtain a si~ed Agreement from Mr. Mouse In the event
we c~not joeate our s]~ed Agreement. I think that he would aFee that the twoyear
dine limit r~s from February 16, 1988. Plese let me ~ow ff you w~t me to meet
with you ~d Mr. House to discuss th~ ms~t~ or if you would like for me to ~ntaet
Mr, ~ouse directly in ~ effort to obtain a si~ed ~py of the Agre~t.
Very truly yo~,
SALLYGEE, NICHOLS, JACKSON,
/ .... ~e~ 3ae n
Minutes of February 16, 1988
CITY MANAGER
The City Council of the City of Coppell met in Work Session and Special
Called Session on Tuesday, February 16, 1988 at 6:00 p.m. in Rotary Room
of the Coppell Torn Center. The following members were present:
Lou l~aggan, Mayor
Dan Stanton, Mayor Pro Tem
Walter PettiJohn, Councilman
Tom Morton, Councilman
Jim Coyman, Councilman
Mark WoIfe, Councilman
Councilmen Dean Wilkerson and Bill Smothermon were not present. Also
present were City Hansget A]an D. Ratliff, City Secretary Dorothy
Timmona, and City Attorney Larry Jackson.
Item l: Call to Order.
The Mayor called the meeting to order and everyone was asked to stand
while the City Manager Alan D, Rstliff gave the invocation.
Item 2: Mayor~s Report
Mayor DugSan reported on the foilowing items:
A, The semi-annual "Students In Government" program has begun
as of this week with those students scheduled to be
present at the regular City Council meeting of Tuesday,
February 23, 1988.
Cit '
B. Mayor Duggsn and the Mayor'e of adjoining y s recently
met with D/FW Airport to address all City's concerns
regarding noise of over flights. D/FW indicated they
would be taking a look at their policy as well as coming
to Coppall to brief citizens of the City ou what is going
on in the airport at this time as well as future expansion
proposals.
C. A Press Conference was held the previous Friday to
announce the Joint program with North Texas State
University, Mr. Paul Dishman, Graduate Student at NTSU
has been assigned to Coppell for two days a week to york
with the Economic Development ~oard and Lee Richardson as
Chai~n of this Board, concerning this project.
D. Mayor Duggan read an article concerning the 1984 Crime
Index which indicates that Coppall has the lowest crime
rate in the D/~ Metroplex.
E. Councilman C~an spoke concerning the constmc~ion sign
located on Beltline Road north/south. His request was for
City staff to check into ~ving the barriers farther into
the construction area to allow more adequate driving ro~
for vehicles using this roadway.
~v3~'~iscussion and consideration of approval of an Agreement
between the City of Coppall and Cr~-Billingsley (a developer)
and authorizing the Mayor to sign.
City Manager Alan D. Ratliff introduced Mr. T~ H~se, representiq
Cr~-Billingsley, who discussed this agreemnt with the City C~ncil.
Concern was expressed by the City Council with this portion of the
entire roadwsy being located within the City limits of Coppall. They
n~ed to include e cap on the City's cost for these improvements and the
need for a protection clause for the City, should construction not
commence within the two-year time frame due to itess beyond the City's
control. At this point the Hayor sowed final deterninstion on this item
to later in the ageads in order to sllow City Attorney Larry Jackson and
Crow-Billingsley representative Tim House to determine proper wording
for these three concerns. Following the meeting between Tim House and
City Attorney Larry Jackson the proposed amendments were brought forward
to the Council and read into the record by City Attorney Larry Jackson.
The wording of this amendment is recorded as a permanent part of the
tape records for the City of Coppeli. Following further discussion
Councilman Wolfe moved that the agreement between the City of Coppall
and Cro~-Billingsley be approved as amended and the Hayor be authorized
to sign. Councilman Morton seconded' motion carried unanimously with
Mayor Pro Tam Startton, Councilmen Wolfe, Commas, Hotton, and PattiJohn
voting in favor of the motion.
~Dtscussion and consideration of an amendment to the Flood Plain
Ordinance defining and clarifying items which are prohibited
within the Flood Plain.
Mr. Wayne Ginn, City Engineer made the presentation to the Council. He
stated that the present Ordinance does not prohibit the construction of
fences and swimming pools in the flood plain area. Individuals wishing
to construct either a fence or a swimming pool may apply to the City as
the Flood Plain Administrator for a variance to these requirements.
Cit '
City Engineer Wayne Ginn, at this point acts as the y s Flood Plain
Administrator. The Administrator would then review the variance request
and see how it fits with flood plain requirements in order to not
Jeopardize the Clty's flood insurance program. Council questioned the
City's ability to incorporate into a departmental procedure that upon a
permit being denied by the Inspection Department the applicant
immediately notified of the variance possibility and referred to the
Flood Plain Administrator- If the Flood Plain Administrator denies the
variance request the applicant may then proceed to Council for a final
ruling. City Hanager Alan D. Ratliff indicated that the City could and
would draw up such a policy and provide a copy to the Council in the
weekly "FYI" packets. Council also requested infox~ation concerning the
illegal flood activities in 1984 referred to in the FE~L~ letter to the
City. No action was required on this
Item 5: Discussion and consideration of approval of the purchase of a
full-page advertisement in the Coppall Gazette Progress Edition
to be published on February 24, 1988 in the amount of $705.00.
Following discussion on this item Councilman Morton moved that the
purchase of a full-page advertisement as stated above be approved.
Councilman Co~rman seconded; motion carried unanimously with Hayor Pro
Tam Startton, Councilmen pattiJohn, Horton, Commas, and Wolfe voting in
favor of the motion.
Item 6: Manager's Report to Mayor and Council:
A. Review and discussion of first quarter expenditures
operations, and plans for balance of year - FY '87 -
City Hansget Alan D. Ratliff made a presentation on this report and
called upon Finance Director Frank Trando to review this report with the
Council. It is request of staff that the Finance Revt$~ C.e~mittee
with City staff for the next tan days to further determine ho~
City's finances can be more controlled. It yes the consensus of the