ST9302-CS 941112·" " " DUPLICATE
MCCALL, PARKHURST & HORTON L L P
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November 12, 1994
Mr. Jim Wilt, City Manager
City of Coppell
255 Parkway Blvd
Coppell, Texas 75019
Dear Jim:
In accordance with instructions from the City Council, I have researched the question of the
relocation of the transmission lines which are in the street median to be located under ground and
to acquire additional fight of way for relocation of such lines. I have enclosed my last memo to the
Attomey General which reflects the position of this office. The City is authorized to call a general
obligation bond election for the relocation of the power lines on the City's street median.
If you have any other questions, please feel free to call me.
Sincerely,
Pete~r' M. Tart
wk
cc: Alan Johnson, Director of Finance
Boyd London, First Southwest Company
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McCall, PARKHURST & HORTON L.L.P.
To: Sheela Rai
Assistant Attorney General
Public Finance Section
From: P.M. Tart
Date: November 11, 1994
Re: Utility Transmission Lines for Public Safety
I have enclosed Article 10 of the City of Coppell's Charter which provides the sections
applicable to the operation of public utilities. Section 10.06 states the rights of the City in
reference to utility franchises. You will note that there is no provision in this section of the
City's Charter that requires the utility to relocate transmission lines upon the direction of the
City. Therefore, in keeping with Barrington vs. Cokinos Sup. Ct. 338 S.W.2d 133 and State
v. City of Austin Sup. Ct. 331 S.W. 2d 737, it would appear that npon a proper finding of
a public purpose that relocation of the utility lines in the street median was necessary for
public safety, the City Council could conduct a general obligation bond election for the
purpose of paying the costs to the utility company to relocate those lines under ground and/or
purchase additional right of way for relocation of the transmission lines. It is my
understanding that this finding would be in ordinance form and could be a part of the
ordinance calling the general obligation bond election.