Coppell Health-CN 890609SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
(Formerly Saner, Jack, Salllnger & Nichols)
Attorneys & Counselors at Law
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
(214) 954-3333
Facsimile (214) 954-3334
Mr. Thomas A. Martin III
Smith & Underwood
Attorneys and Counselors at Law
Tenth Floor Alpha Tower
5757 Alpha Road
Dallas, Texas 75240
Re: Metroerest Hospital Authority Lake Agreement
Dear Tom:
I am in receipt of your revised Lake Level Agreement forwarded to us under
cover of your teleeopy letter dated June 8, 1989. It looks like we are getting close to
an agreement that everyone can live with, however, I have one additional suggestion.
My suggestion involves the fourth full paragraph on page two of the agreement which
deals with City maintenance of the lake after it is dedicated to the City by your client.
As I understand it, the lake is required at that location to serve as a retention
pond to facilitate overall drainage of surface water in the area. The City is agreeing
to take over the operation of this lake after it is constructed and dedicated to the
City. However, I could not in good conscience ever approve an agreement which requires
the City and all future City CouneLls to agree to maintain in perpetuity any public
facility. I would therefore suggest that the words "and thereafter in perpetuity" be
removed from the above mentioned paragraph and then at the end of said paragraph
the following be inserted to reflect the intent of the parties:
"The above language notwithstanding, it is understood and agreed that
City's obligation to keep a lake in existence at said location shall always
be subject to the discretion of the governing body of the City should that
body determine, at some future date, and after due public hearing, that
the continued existence of a lake at said location would be detrimental
to the health, safety or welfare of the community."
When we are reviewing the final draft, we will need to look at it in relationship
to the various exhibits you have referred to which have not been a part of the basic
agreement that we have been working on. , -
}'~'":";~'I will also ask. our Engineering ~ Department to comment on,the .$10,000.00~.eapA~ ,,
~..plaeed on the.water well.in the event it m required and the "wen" speelfieatlons.-
mentioned'on the last page of the agreement.
Mr. Thomas A. Martin
June 9, 1989
Page 2
After you have had a chance to consider my comments, please get back to me.
Very truly yours,
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
' 1 L~wrenee W>/J~ekson
LWJ/sb
Mr. Alan D. Ratliff
City Manager
City of Coppell
P. O. Box 478
Coppell, Texas 75019
By:SMITH UNDERWOOD
12:S2PM ;
SMITH & UNDERWOOD
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COMMENTS:
'°~ENT'B¥:~MITH UNDERWOOD ~- 8-89 12:S2PM ¢ 21466~91-~214 954 ~E~4 ~N 2
Lake Level Agreement
~ Lake Level~Agreemem (referred to in
into effect/ye as of $
~, 19.89, for good, valuable atad suflSelent cor~,-raflon had
and reco/ved, by file Metmcrest Hospital Authority, a Texas staratory ho.spiral authority and
'_msmunen.tality of the State of Texas, created as An'icle 4437e of RevLmi Civil
~tatutea A~notal~l, as amended (referred to in ~' the ~exaa
insu~nent as "Authority"), and the Cky
of Coppell, a Texas munic/pal corporation and instmment, ality of. the State of Texas, crewed
as .per the Texas Local Government Code (referred to m this mstrumem as "City"), The
recltatiorm
and factual statements /n this instrument are n.ot merely, p~.catory; r,athet they
forra an integral pa~n of this bargain, and the cons/d~ration t~at unded/~a It. g-~_ch and every
undertaking, covcnam, term, provision, fact or ~ciution contained in thks
material. '
The Authority and the City top.sent, warr~t and covenant to each other th~ they, and
each of them, have full r/iht, power and authority to enter into this Agreement; ~h~! no term
or provision .of it contravenes any law: order, role, regulation, or provision of any contract,
or ~ny consutut/onal or statutory prowsion, by which either of them ate governed, or to
which either of them are subject;, as to the Aufl~nity, that the Board of D/rectotS of the
the execution of this Agreement by the necessary vote at a regularly
Authority has approved ,
held or specially called meeting .at which a.. quorum, was present, and with teq~'t to which
Article 6252-17 of the Texaa Revved Civil ~tatute~ Atmotated, aa amended was m dl
complied with (such resolution being attached to th~ inslrument as F. xhJbit "A", a~d form/hi a
Pm of !~t. for. all purpo~_., as though .it were set out verbatim at ~ ]at in '
... ,,"~,,'~ ~ me nece~m~, vot~ at a regula~y held or iall called m~
Civil $~t~te~ Annota o wh/ch Article 625 -~1~
Of the Texas Revi~edre~H:e(.~,'
complied with (such ord/nanc~ being
att~g~ed to ~ ~! as Exhibit "B', and forming a pm of it for all ]mrposes,
though it were set out verbatim at ~ point/n ~ lr~strmr~ent),
~ in~rument conta/m the entire agreement of the Authority and ~ C~ with respect
to the within subject matter, ~ Agreement i~ binding upon and shall mute to thc benefit
of of ^,tho ci .
each mtrn of it shall ran with) and bind both the City Land'(defined below) ~d
Authority Lind (defined below).
~" No ~ .pe~on, ~ corpo~tion, varme~hin or ~n~ entity of ..~, >~ ~. ~
~¢ i, ~- ...... third pat~ ,be~ficlary of th~ contract, nor ma), any term or
.............. ~"~ v~ ,~I .mu p~rty) or to 0ollgai~on~ o!
or interest in it, '~ au= owner or owner~ o! me Authority Laud or ~ny part of it
C ..The~A.u, tho~_ is the owner in fee simple of certs.in described land in the City of
ogpeu, Dallas ~ounty, Texa~, sa/d description being attached to this inatrumem as F.r. hibit
f:\wMtleel/~l lOlO't.m2 0~0~,~9 llLI6
"C", and forminl~ a part of it for all ~ough it were set out verbatim at tl~
point in tl~ instrument, purposes, aa
the_The Authority is going to become the owner in .fee. simp!e or' ~ertain des~...'bed land in
Llty of Coppell, Dallas County, Texas said
--~ ~,~,~n~ ~me tuna ciescnbed m Exhibtts "C" and "D" being together
referred to in this instrument as the "Authority Land").
The..Authori.'ty is going to. construct and pay for a Lake, an aeration fountain
a wa~er line ara meter for . · . p_ ,, and
,.,~,...i,..: .......... rm?tmmng .the level of the Lq~e, and associated landscaoin~ and
-.,~..~,,,, ~l~'uve~_?n.ts {rer~'~l to in ~ instrument as th- "~-~--", -- --- - -- .~---~- _-3-
a~ Shown on the Final Plat.As sh,,,~ -- a.. ~:_., ..... ;~, . .,-~/, .ua. me aum.onty t,ar~,
, . ,~,,,- v. ~l~ rtruu tier, ~ L.&lce Lq De ant ¢orlv ed
and dedicated by the Authority +,. ,t.. ~.,.. ~._._ , ...... -- -- ~. mg gr ed,
~._ _,~--_-' ~"- '~. ~"a ~,m,~leu to ~ instrument 'M Exhibit "C" lind fOrmine~ s
From the date the Final Plat is zecorded, and the City becomes ii'to owner in fee of the
¢it7 Land, ~ ~e~.a~r, in. P?l~uiv, the Civ ~all maintai~ the Late at its so~e co~t
!ex.c~e?t.as .~t=., ?_u_t~__eei.o.w), tn the same manner the City .maintains other lakes within its
junsmcuon ,mu unoe: tts control The maintenance obligations of the City with respect to
the Lake includes:
~ mc ~.try rnmntams other lakes vathin its jurisdiction and under its cornel;
2. m~intainhl8 all inigation systems for Lake landSCan~unde~ the same
manner the City rnaintai~ other laP. es within its ~dictton its control;
tho t;lty maintains other lakes within its jurisdiction ~d under its control.
., , tT~reqmre more than 1 250,000 allons of w,~, . .
to. the , Sl . . __ per ycar=m:~.su
~, :~.Lai~ through the. water line.and meter ~or mamt
.thi Ctty in maintaintne, the~,..,,,,,..a , .~--';~.'.':;r'-~'. ''..a~octa? pumps_~..a~:,l.n~.. ~ tofaaalst
,. .. ~ ---~-~.-., ~ ..~..v~; Aange, at tile sole cost or t~e Authority,
~at,ino~co~t.:to me City (~fcrred to in this, .,'_':-W__-'£. -- ,.--..:~, ~ _:
=. ~0~ct.~ ,....,. _ .. .. .~uun~n~, ~ as me 'wcu )..~ II,the Well
~u.:'ox:.me,~umo?y at me r~lue~t of.the C~, ~e Authority shall turn/he. Welll
-~°V, er~to~e.,Clty~upon,.ltS cotr~pletion, and its maint ,
tere ~ . :.. chance thereafier shall be
?POnsibilit7 of the C~ty, at ns sole cost and 'at n cost to the a,t~m~t~ 'r~.
Cll~ge 110 corl~tl~lCtiOrl . , , · O ,--- -- .......... .~, ,,,~
penTUt or similar fees for the cons~ction of the Well
~; In no event shall the Authority be required to spend mom tlun $10,000,00 for ~ Well
f:~vhRlccL~ll0105.n~ 0~08,89 12.16
,SENiT~BY:SMITH UNDERWOOD ~ 8-8g
i2:54PN ;
954 ~34
;#4
TI~ term Well shrill n~an & well co~formmg wi~ these
230 V sia~le.~ wiring. --
2. 2 I-l~ pamp. Gould Model lOlg or eauiv~len~
· s" O.D. c,-~, °'
300 -aOOr depth mm Woodb~e strt~a.
Metmc~st Hospital Authority
Atte~
By:
Max Ra~lins, C~irman of the Board
Bob Har~ock, Authorky Secretly
Smith & Underwood,
Authority Attorrmys
Ci~ofCol:~..U
Attcs~
By:
Mayor
C~ Secmary
Approved as u~ form:
S~lUng~, Nichols, ~ack~on,
City Attorneys
Lawrence W, ~ackson, Eaquire
1116