SW0001-CS021104 MEMORANDUM Fk
FROM THE
DEPARTMENT OF ENGINEERING
To: Jim Witt, City Manager
From: Kenneth M. Griffin, P.E., Dir. of Engineering/Public Works 1
Date: November 4, 2002
RE: Riverchase Sidewalk Project #SW 00 -01
This memo is written as an update on the continuing saga of the TXU easement to allow
construction of the Riverchase Sidewalk. You may recall that a copy of the easement was e- mailed
to my office on October 11, 2002; however, the language within the boilerplate of the easement
concerned me so I provided it to Bob Hager for a legal opinion. Bob Hager issued a legal opinion
on October 22, 2002 expressing concern about TXU's request to waive our governmental
immunity. I provided information back to TXU on October 29, 2002 with the changes
recommended by our City Attorney. I followed up with Shannon Gray, with TXU, on November 1,
2002 and he stated that it was his attorney's opinion that they would not remove the section that
would require us to waive our governmental immunity.
This continues to be beyond my ability to resolve from a legal standpoint. I have left Bob Hager a
voice mail with the name and telephone numbers of two attorneys with TXU that are working on
this easement document. I requested that Bob contact one or both of the attorneys to resolve the
issue to his satisfaction and best interest of the city so that the project can proceed.
Because we still do not have the easement in place, I cannot award the project for the start of
construction on the Riverchase Sidewalk Project at the November 12, 2002 City Council meeting.
At this point the earliest it could be awarded is at the December 10, 2002 City Council meeting. I
will continue to keep you apprised of this ongoing situation.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"