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ST9401-CS 950331March 31, 1995 Kenneth Shirley TxDOT 1200 Greenville Avenue Dallas, Texas 75243-3506 RE: Control:3547-02-003, 3547-03-002 Highways S.H. 121 Bypass Phase I from S.H. 121 to Denton Creek to Denton Tap Road (ST 94-01) Dear Mr. Shirley: This letter is written as a follow-up to my previous letter and to a letter from Mr. Jones dated March 22, 1995. The latest letter from Mr. Jones stated that TXDOT is willing to commit approximately $64,500 to offset the drainage cost associated with the construction of S.H. 121 and associated drainage facilities. TxDOT is requesting a response from the City no later than April 14, 1995 in the form of a commitment for the balance of the funds for a permanently enclosed drainage system to be included in the construction plans. Since our previous meeting, the City of Coppell has performed substantial research on this issue. It was originally anticipated that this would not be a substantial drainage cost and that the State would be willing to pick up a large portion of the cost. It has always been understood by the City that the drainage originally proceeded southward on the west side of Denton Tap Road. Our recent cost estimates indicate that the State is looking for a commitment from the City for approximately $600,000. When you back out the $64,500, the City is still looking at a commitment of $535,500. Obviously, this is a substantial amount of the entire project cost associated with the construction of Denton Tap Road from S.H. 121 southward to Denton Creek. Just so there is no misunderstanding, the City wants to be very clear that it cannot commit to that type of expenditure utilizing City tax dollars to construct drainage facilities that in actuality should be the responsibility of the adjacent property owners and/or partially the responsibility of TxDOT. Attached to this letter is a letter from the City's consultant, Weir and Associates, which goes into very meticulous detail on why the City has taken the position that it cannot assume financial responsibility for the drainage system. It is obvious that this drainage, prior to any reclamation of what is referred to as Coppell 200 JV, proceeded in a southerly direction across the Coppell I mll T" " Kenneth Shirley March 31, 1995 Page Two 200 JV property. It only crossed Denton Tap as cross drainage south of S.H. 121. To collect the water and discharge it at the intersection of S.H. 121 with Denton Tap creates a substantial financial burden on the City, when in fact that cost should be borne by the adjacent property owners. I have been in contact with the engineer for the property owner to the west, Bill Anderson of Dowdey Anderson and Associates. to inform him that the position the City will take is that we cannot assume the financial responsibility for this cost. I informed him that there needs to be a meeting between the engineers, developers, owners, the City and TxDOT to talk about the financial responsibility for the drainage. Again, the City is not in a position to assume any financial responsibility for the drainage that once proceeded southward through the Coppell 200 JV property. At some point prior to the reclamation of land by Vista Ridge, the drainage crossed Denton Tap Road and proceeded in an easterly direction north of and parallel to Denton Creek. This statement is based on old USGS maps and old City topography maps. Based on what can be reconstructed, it appears that when a portion of the Vista Ridge property was reclaimed that the existing ditch was constructed to replace the natural drainage path north of and parallel to Denton Creek. Vista Ridge representatives have taken the position that this was only a temporary ditch and the City should assume the responsibility to accept the water and extend the drainage system in Denton Tap Road southward to Denton Creek. Again, the City's position is that it cannot assume the financial responsibility for what appears to be drainage that has always been on the Vista Ridge property. The City of Coppell is fully aware that the drainage has always crossed Denton Tap Road, from west to east, and the crossing of the drainage is the City's responsibility. However, based on all available information that we currently can obtain, it is the City's opinion that the drainage north of where it crosses Denton Tap Road is the responsibility of the property owner of the property known as Coppell 200 JV and that the drainage south of the crossing beneath Denton Tap Road is the financial responsibility of the Vista Ridge property. It is also the City's opinion that if TxDOT is in a position to collect the water and in turn reroute it to Denton Tap Road at the intersection of S.H. 121, then TxDOT may also need to participate in the cost of drainage north of what was the existing crossing beneath Denton Tap Road. The City is currently in contact with FEMA trying to obtain any information related to the Coppell 200 JV reclamation that took place in 1986. I am very much aware that the construction of the S.H. 121 Bypass is funded and is on track to be under construction in 1996. The City of Coppell is very much in favor of the bypass and fully supports it and has always supported the construction of the bypass. However, the City of Coppell cannot commit City tax dollars in the amount of approximately $535,500 to accept financial responsibility for the construction of drainage systems that in actuality should be borne by adjacent property owners. Kenneth Shirley March 31. 1995 Page Three The next step in this process is to again invite all the players, it is imperative that all the players be at the meeting, to discuss the drainage associated with this project. My understanding of the players would be the following: property owner and engineer for both Coppell 200 JV and Vista Ridge, TxDOT representatives and City of Coppell representatives. The City of Coppell would be more than happy to coordinate and host this meeting at a convenient time to all parties. Please call me at 304-3679 as soon as possible so that this meeting can be expedited and dialogue can begin between the various parties involved. If you should have any additional questions please feel free to contact me at your convenience. Sincerely, KSnneth M. Griffin, P.E. Assistant City Manager/City Engineer Jim Wilt, City Manager Ulys Lane, Weir and Associates Dennis Winzeler, Vista Properties Truman Edminston, Carter & Burgess Ron Fraze, Coppell 200 Bill Anderson, Dowdey Anderson & Associates Attachments: March 28, 1995 letter Weir and Associates w/exhibits A,B,C,D,E & F