ST9302-CS 980821ROBERT L. DILLARD
ROBERT E. HAGER
PETER G. SMITH
DAVID M. BERMAN
BRUCE A. STOCKARD
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
Attorneys & Counselors at Law
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
(214) 965-9900
Fax (214) 965-0010
E-mall NJDHS @NJDHS .com
JOHN F. ROEHM III
JASON C. MARSHALL
J. DAVID DODD III
ROBERT L. DILLARD, JR.
H. LOUIS NICHOLS
LAWRENCE W. JACKSON
OF COUNSEL
August 21, 1998
VIA FACSIMILE AND MAIL
Ken Griffin
City of Coppell
255 Parkway Boulevard
P.O. Box 478
Coppell, Texas 75019
RE: Lone Star Gas Transmission Line
Dear Ken:
Pursuant to your request, the undersigned provides the following opinion relating to
whether TU Services/Lone Star Gas is obligated to lower a 16-inch gas transmission line
required for the improvement of Sandy Lake Road.
Section 4 of the Lone Star Gas Franchise Agreement, Ordinance No. 96743 provides that
when the grantee is required by the City to remove or relocate its mains, laterals, and other
facilities to accommodate the construction of streets, that the cost is to be borne by the grantee.
Accordingly, TU Services/Lone Star Gas is obligated to lower the subject gas transmission line
without cost to the City, unless the subject gas transmission line is not located within City fight-
of-way or is located by virtue of a private easement which predates the dedication of the
roadway.
The terms of the Franchise Ordinance apply to all of TU Services/Lone Star Gas facilities
located within City right-of-way. If the subject gas transmission line is located within the City
fight-of-way, and its present configuration interferes with the improvement of Sandy Lake Road,
TU Services/Lone Star Gas should relocate the facility without cost to the City. The intent of
Section 4 of the Franchise Agreement is to require the grantee to relocate to accommodate the
expansion of the City facilities if the grantee's facilities are placed in City fight-of-way. If the
facilities of TU Services/Lone Star Gas were located by virtue of a private easement prior to the
dedication of right-of-way and construction of Sandy Lake Road, Section 4 of the Franchise
Agreement would not apply.
20320
Ken Griffin
August 21, 1998
Page 2
Notwithstanding the above, TU Services/Lone Star Gas may be willing to compromise its
position in this matter and share the cost of relocation.
Thank you for your attention to this matter.
Very truly yours,
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, L.L.P.
PGS/pr
cc: Clay Phillips
By: