DR8802-CS 900918 COPPFJ.r. PUBLIC WORKS
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DATE: September 18, 1990
TO: Larry Jackson, City Attorney
FROM: M. Shohre Daneshmand, Acting City Enginee~~
RE: Liability - North Kaye Street Drainage
As requested by Alan Ratliff, the City Manager, I am providing you
with my opinion as to who should be legally liable for North Kaye
Street drainage. To my knowledge, several attempts have been made
by the City of Coppell to identify the responsible parties,
however, such specific list has not been obtained.
I have been studying the report prepared by Ron Morrison of Kimley-
Horn dated January 8, 1990, and other related documents. Based on
my findings and research, I provide the following comments:
- It appears that Kaye Street and lots facing Kaye Street were
not designed for proper drainage. Although this goes back to
a number of years ago, one could question why this subdivision
was built without any consideration given to positive drainage.
Also, why alleys were not constructed when this subdivision was
built. I, therefore, believe that the engineer(s), builder(s)
and/or contractor(s), who designed and constructed Kaye Street
and lots facing Kaye Street, may have some liability.
- It appears that the drainage area map for Shadow Ridge Estates,
prepared by Schrickle, Rollins & Associates, Inc. engineers, had
accommodated for some off-site drainage. However, I believe
that more care should have been taken by the engineer to allow
for such off-site drainage outfal! to drain on a minimum grade
(1%+). Some of the design factors that should have been
considered are listed below:
1) Set the grades and curb elevations on Spanish Moss Court
low enough to allow for a proper off-site drainage. North
Kaye Street area is generally flat along the drainage path,
with slopes of less than 0.2% in some areas.
2) Show some proposed spot elevations along the drainage
divide line in the back of North Kaye Street lots, as high
points to drain.
- The owner/developer at that time, Gray-Son Land, Inc. or their
representative, should have communicated with North Kaye Street
home owners in trying to minimize this drainage problem. Gray-
Son Land, Inc. may also be liable.
Memo to Larry Jackson
· September 17, 1990
Page 2
- According to Building Inspection Department, there are other
builders besides Centex/Fox & Jacobs that have built homes on
Spanish Moss Court in this vicinity, namely D.R. Horton Homes,
Inc. & Life Style Concepts, etc. These builders may also be
liable if they did indeed do such lot grading, which may have
aggravated the drainage problem.
- The City of Coppell may also be somewhat at fault for the
following reasons:
1) The City plan reviewers for Shadow Ridge Estates should have
taken a closer look at the overall drainage plan, especially
areas surrounding this subdivision, and requested an off-
site drainage plan. It is my understanding that Ginn, Inc.
reviewed the final construction plans on behalf of the City,
and therefore Ginn, Inc. may also be liable.
2) Building Inspection Department should have discouraged and
not allowed construction of double fencing, and should have
encouraged single fencing. Also, Building Inspection
Department may have not enforced the building code regarding
grading, prior to issuance of grading permits.
3) The affected home owner's of Kaye Street claim they did
bring up this issue when the P&Z and Council were
considering the approval of this subdivision, and they
requested an alley in the back (on the north side of Kaye
Street), but no one listened according to the residents.
I searched the City secretary's files to locate P&Z and City
Council meeting minutes and tapes and there was no document
reflecting such meetings.
- Affected residents on both sides of the fences may also be
liable, since they, in a cooperative effort, should have kept
the problemed area in the back yards clean and free of any
debris, structures, sheds, firewood stacks, double fencing, and
other obstacles.
As stated above, please note that there are several factors, based
on the available information, which could have caused this drainage
problem. However, in my opinion, if all affected parties such as
developers, engineers, builders, city officials, etc. had paid more
attention to coordination of such project, problems of this nature
could have been eliminated.
Please let me know if you have any questions.
MSD/bd
cc: Alan D. Ratliff, City Manager
Steven G. Goram, Director of Public Works