ST9304-CS 971114 DALLAS COUNTY
o,}~~ PUBLIC WORKS
November 14, 1997
Mr. Ken Griffin, P.E.
City Engineer/Assistant City Manager
City of Coppell
P.O. Box 478 -- 255 Parkway
Coppell, Texas 75019
Re: Belt Line Road -- Project No. 490-403.1/91-829
(Denton Tap Road to MacArthur Boulevard)
Railroad Spur Agreement, Conference of November 6, 1997 &
Your letter dated May 16, 1997
Dear Mr. Griffin:
Attached for you use and reference are the minutes from the November 6, 1997, Coordination
Conference held at this office. Please review the minutes carefully and advise Dallas County in
writing of any topic that does not meet with your understanding of the discussions.
Also attached you will find a copy of a draft of an agreement between Dallas County, TU Electric
Company and the City of Dallas. Since you indicated during the November6, 1997 conference,
that the potential exists for future annexation of Belt Line Road by the City of Coppell, your City
is being allowed the opportunity to review and comment on this agreement prior to formal
execution. Note that the attached draft copy will be modified prior to execution including those
references to the City of Coppell.
Additionally, during the November 6, 1997 conference you provided a copy of your letter to Dallas
County dated May 16, 1997. We must apologize to you because Dallas County failed to respond
to your letter until this time. You mentioned the topics during the November 6, 1997 conference.
For your information and use we have separated and are replying to the topics of your
May 16, 1997 letter as follows:
a. Bridge Amenities: Your comments about City of Dallas funding bridge amenities has
been reviewed carefully. We have found in the past that the City of Dallas has been
reluctant to fund amenities of this nature. Also, we have found that the City of
Dallas has always rejected a request for the City of Dallas to fund amenities that
were requested by another City. Therefore, Dallas County is taking no action in this
regard. If this is not satisfactory to you, we suggest that you consider making your
request to the City of Dallas directly.
Also, we have now presented your questions concerning the bridge "dead load" to
the consultant for design checking purposes. With regard to the possible bike lane
or sidewalk however, you should know, that the City of Dallas has not indicated a
request or a willingness to fund an additional 3' pavement width for a future bike
path. We suggest that you may wish to discuss this with Dallas also.
411 Elm Street Dallas, Texas 75202 653-7151
"'
Mr. Ken Griffin, P.E.
November 14, 1997
Page Two
b. Funding for Right of Way Acquisition: Please refer to the standard City/County
Agreement for the 1991 Bond Projects which was approved by the City of Coppell
and by Dallas County in 1992. Basically, the City of Coppell agreed to acquired the
right of way for this project that is only in the City of Coppell. You may not be
aware that many of the right of way parcels for this project are actually in the City
of Dallas and we will not ask you to acquire those parcels.
c. Normal City Reimbursable. s: You should know that we are currently in the process
of preparing a letter to the City of Dallas in which we will ask their specific desires
and funding commitment for the normal reimbursables such as conduit, pavement
markings, street light foundations, traffic signal foundations etc.
We appreciate your participation during the November 6, 1997 conference. If we have not
satisfactory addressed all the issues you presented during the November 6, 1997 conference and
indicated in your May 16, 1997 letter please advise this office.
You may call me or Alberta Blair-Robinson at this office if you have questions concerning the
above, the attachments or any other feature of this Belt Line Road project.
Sincerely,
John L. Mears, P.E.
Project Engi~
JLM:vjm
Attachments: Draft of RR Spur Agreement
Minutes from November 6, 1997 Conference
91-829:\Griffin.#2
NOV-14-97 11=08 FROM=TI! D;n, '~'~ .... ID:~148128GS3 PAGE ~/9
Phone ~ Phone ~
THIS RAILROAD CROSSING AGREEMENT (the "Agreement") is entered into as of
,1996, between Texas Utilities Electric Company CIU Electric"), the County of
Dallas (''County"), the City of Dallas (''Dallas") and the City of CoppelI C'CoppeH')- TU Electric,
County, Dallas and Coppell will be refen'ed to herein individually as a "Party" and collectively as the
WITNESSETH:
WHEREAS, TO Electric owns and operates its Northlake Steam Electric Station (''Northlake
$ES") in Dallas County, Texas; and
WHEREAS, TO Electfie owns a nilmad spur which serves the Northlle SES; and
WHEREAS, the County granted Dallas Power & Light Company C'DP&L"), a predecessor of
TU Electric, the fight to construct and maintain the railroad spur tra¢k across Belt Line Road pat
to that Order No. 28526 dateA November 21, 1957, a copy of which is attached hereto as Exlu'bit A (the
"Order'D; and
WHEREAS, a proj~t for the widening of Belt Line Road is being undertaken, which will
include the widening of Belt Line Road where the railroad spur track crosses Belt Line Road (the
WI4RRF_AS, Belt Line Road and the fight-of-way ~imgi~'ii~nelt Line Roadaad
which it is IoeateA is owned by Dallas; and
WHEREAS, the County is responsible for implementing the Project; and
)WHEREAS, Coppell is financing the Project; and )
,.,~----"" WHEREAS, the Pardes wish to agree upon the terms and conditions with respect to the removal and replacement of the Crossing.
NOW, THEREFORE, in eonsideratiort of Ten and No/100 Dollars and gther valuable
consideration (including the premises herein), the receipt and sufficiency of which are hereby
acknowledged by all Parties, the Paxties all agree as follows:
I.
The County will remove, in a good and workmanlike manner and in a maxmer that will maximize
NOV-14-87 11=0G FROH=TU REAL ESTATE ID=iI48128GS3 PAGE
County will give TU Electric at least __ i~f~days' prior wfi~n notice before
commencing operations to remove the Crossing or before in any manner interfering with TU Electric' s
use or operation of the Crossing. County will notify TU Electric in writing when TU Electric may
commence the replacement, reco~on and operation of the Crossing without additional interference
or interruption due to the Project, and, upon such notice, TU Electric may immediately undertake such
replacement, reconstruction and operation of the Crossing.
County, Dallas a~~.warmnt and agree that the period from the date of initial interference
with TU Slectric's use or operation of the Crossing until such date when TU Electric may commence
operations to replace, reconstruct and operate the Crossing without additional interference or
interruption shall not exceed ~
TU Electric will have the fight, but not the obligation, upon notice from County and at any time
thereafter to replace, reconslruet and operate the Crossing across and upon Belt Line Road (and the fight
of way), as widened, upon the same terms and conditions as provided in the Order. R is understood and
agreed by all Parties that, due to the expense to TU Ele~wic to replace, reconslE~ and operate the
Crossing, TU Electric may elect not to replace and reconstruct the Crossing for some time, if ever, but
TU ElecU'ic' s delay or postponement of the replacement, reconsm~etion or operation will not be (and
shaU not be consm~xl as) an abandoment, relinquishrnent or waiver of any of TU Electric' s rights to
replace, reeons~et, maintain, operate and use the Crossing, and nothing herein or otherwise shall
prevent TU Elecwie from, at any time in the future, exercising any or all such rights.
· will any natural gas pipelines
or el
Page 2 of 6
NOV-14-9? 11=06 FROH:TU REAL ESTATE ID:214812S6S3 PAGE 4/9
Draft of.] 2~rl 3/96~2~b7~9~
Each Party, by its execution hereof, ~pr~ts that it is fully authorized to execme this
Ae~ement, that it has complied with all conditions with which it must comply to emcr into a binding
agreem~t, including without limitation, obtaining any prior approvals or rcsolations with respect
thereto, and that this Agreement is valid and binding upon each such Party in accordance with the
express terms hereof.
IN WITNESS WHEREOF, this Agreem~xt is executed as of the date set forth at the outset.
TEXAS UTILITIES ELECTRIC COMPANY
Title:
COUNTY 0F DALLAS
Name:
Tide:
CITY OF DALLAS _
Name:
Title:
Page 3 of 6
NOV-14-97 11:0G FROH:TU REAL ESTATE ID:214812SGS3 PAGE
CITY OF COPPELL
By:
Name:
Title:
THE STATE OF TEXAS §
§
COUNTY OF DALLAS §
This inslxument was acknowledged before me on the day of September, 1996, by
of TEXAS UTILITIES
ELECTRIC COMPANY, a Texas corporation, who stated that he executed the same for the purposes
and consideration thewin expressed, and in the capacity therein sIated, and as the act and deed of said
corporation.
Notary Public, State of Texas
My Commission Expires:
Pago 4 of 6
NOV-14-97 11,07 FROH=TU REAL ESTATE ID,214812SGS3 PAGE G/9
THE STATE OF TEXAS §
§
COUNTY OF DALLAS §
This insmm~ent was acknowledged before me on the . day of September, 1996, by
ofthe COUNTY OF DALLAS,
a , who stated hhat ~ ~xecut~ the same for the purposes and consideration therein
expressed, and in the capacity therein stated, and as the act and deed of said
Notary Public, State of Texas
My Commission Expires:
THE STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the ~ day of September, 1996, by
of the CITY OF DALLAS, a
, who shied that h~ executed th~ same for the purposes and consideration therein
express¢~l, and in the capacity therein s~at~t, and as the act and deed of said
Notmy Public, State of Texas
Page 5 of 6
NOV-14-9? 11=07 FROM,TU REAL ESTATE ID=2148128GS3 PACE
My Commission Expires:
THE STATf~ OF TEXAS §
COUNTY OF DALLAS §
This imCmn,aent was acknowledged before me on the ~ day of S.¢ptember, 1996, by
of the CITY OF COPPELL,
a , who stated that he executed the same for the purposes and consideration therein
expressed, and in the capacity therein sta~d, and as the act and deed of said
Notary Public, State of Texas
My Commission Expires:
Page 6 of 6
NOV-14-97 11=07 FROM:TU R~AL ~STAT~ ID:~I481~SGS3 PAGS
~evi~ on L4 st
Change Text
Replace "12/13/96" with "12/17/96"
Replace .~Crossing#);" with "~Crossing"), ---"
Replace "along" with "upon which"
Delete "and upon which it"
Replace ,,__" with "ninety (90)"
Replace -__" with "ninety (90)"
NOV-14-8? 11:07 ~ROM:~U R~AL ~STAT~ ID:21481~S~83 PAG~ 8/8
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~" ',It Line Road Project 490403.1/91-f~'''
(Denton Tap Road to MacArthur Boulevard)
November 6, 1997
Meeting Notes
1. New Personnel; Alberta Blair-Robinson introduced John L. Meats, new project engineer
for Dallas County. It was noted that Irv Griffin will be advising John on this project.
Jill Brim left in the spring.
2. .l~.oad Spur Agreemen. t; Alberta has been working. with the Dallas unty A.ssistant
I t r
County will send Coppell (Ken Griffin) a copy of the proposed agreement. Ken Griffin
indicated a belief that Belt Line Road will eventually be annexed by Coppell. All parties
must be in agreement on the spur, including Coppell who will not be a party to the
agreement at this time, since the track is in the City of Dallas. Ken Griffin's preference
is to remove the spur with future replacement possible because there may be a future
need for someone to re-establish use of the spur line.
Irv Griffin believes that a 12' dimension should be allocated between railroad headers
that will be constructed as part of this project.
3. Normal City Reimbursable, s; City of Coppell (Ken Griffin) acknowledged the need for
the City to pay for the normal reimbursables only on Mockingbird or any other portion
entirely in the City of Coppell. Coppell however, wants to use their controllers at the
intersections and will maintain, but has issue with initial funding.
The City of Dallas needs to indicate their requirements for Belt Line Road, Moore Road
or any other street entirely in the City of Dallas for street lights, traffic signals, conduit,
pavement markings, etc. Dallas County will write to the City of Dallas specifically
requesting their desires.
Irv believes it may be best to put street light conduit only under paved areas at this time,
unless the City of Dallas plans to provide street lights immediately after construction has
been finished.
City of Coppell requests bands of pavers at intersections at their cost, i.e., short sections
of pavement markers rather than the entire intersection. Alberta needs to determine what
the City of Dallas desires.
4. City of Coppell, letter dated May 16, 1997; Dallas County needs to respond to letter
from Ken Griffin regarding bridge sidewalks, lights, railings and other issues. A copy
of a letter from the City of Coppell, dated May 16, 1997, was furnished by Ken during
the November 6, 1997 meeting.
NOTE: Dallas County has subsequently learned that the letter had in fact been received
on May 23, 1997 but was not placed in the project file. Up until this date, due to
personnel shortages, no one from Dallas County has made efforts to respond to the
May 16, 1997 letter.
Belt Line Road Project 490403.1/91-829
(Denton Tap Road to MacArthur Boulevard)
November 6, 1997
Meeting Notes
5. Review of Most Recent Plans; Former project engineer, Jill Brim provided the City of
Dallas comments to the consultant in mid April 1997. Irv stated that Dallas County
needs to provide a formal and complete review of the most recent plans to the consultant
by December 1, 1997.
6. ROW Documents; Consultant has submitted 24" x 36" ROW maps and only a few right
of way documents. Consultant needs to identify more right of way to be obtained such
as corner clips, especially at North Lake. Ken Griffin inquired whether City of Dallas
would pay for ROW in Dallas, and Alberta indicated that if there was a shortfall
situation, the Cities would have to pick it up. Ken Griffin indicated a belief that the City
of Dallas should provide more money for ROW acquisition.
7. Design Status; After Dallas County provide the written review, by December 1, 1997,
the consultant will then be able to provide a updated project schedule. Drainage issues
discussed during the conference were runoff coefficient on TUE property along much of
the south side of the project. John noted that letter from TUE confirming this and dated
August 1996 is in the project file.
Also, Pat Kunz mentioned that Halff Associates "may carefully consider" requesting a
fee increase because of alleged time delays and the "December 1, 1997 comments".
8. Utilities; There was a discussion concerning utilities. Irv noted that the consultant must
show utilities in plan and in profile on both paving and drainage sheets as per contract.
Consultant needs to send letter to utilities advising them of this and take whatever
necessary action is required to obtain the information.
Also, there was a discussion concerning cross sections being made available to TU
Electric. Alberta indicated a belief that the cross sections had been provided earlier.
NOTE: Irv subsequently (November 11, 1997) checked with Joe Perez who does in fact
have the most recent cross sections.
A list of attendees is attached.
Meeting Minutes prepared by Janet Norman, John Mears and Irv Griffin on November 11, 1997
91-829:\Griff'm.#1