Coppell Health-CS 890709
ALFRED SALLlNGER
LAWRENCE W. JACKSON
TIM KIRK
ROBERT L. DILLARD III
ROBERT D. HEMPHILL
ROBERT E. HAGER
PETER G. SMITH
JOHN PIERCE GRIFFIN
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SALLINGER, NICHOLS, JACKSON, '/r::' Lt"7./~
KIRK & DILLARD .J
(Formerly Saner, Jack, Sallinger & Nichols) DAVID M BERMAN
Attorneys & Counselors at Law JOHN F. ROEHM III
1800 Lincoln Plaza BRUCE A STOCKARD
500 N. Akard M LEWIS KINARD
Dallas, Texas 75201 ROBERT L DILLARD. JR.
(214) 954-3333 H LOUIS NICHOLS
Facsimile (214) 954-3334 OF COUNSEL
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Mr. Thomas A. Martin III
Smith &. Underwood
A ttorneys and Counselors at Law
Tenth Floor Alpha Tower
5757 Alpha Road
Dallas, Texas 75240
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Re: Metrocrest Hospital Authority Lake Agreement
Dear Tom:
I am in receipt of your revised Lake Level Agreement forwarded to us under
cover of your telecopy 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 y
the City and all future City Councils 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 cap
placed on the water well in the event it is required and the "well" specifications
mentioned on the last page of the agreement.
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Mr. Thomas A. Martin III
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
By
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cc: Mr. Alan D. Ratliff
City Manager
City of Coppell
P. O. Box 478
Coppell, Texas 75019
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