DR8902-CS 880921September 21,. ~988
City En~3~neer, City of Coppell .....................
P.O. ~6x 478 i 3
Coppe~ll, Texas 75019
Re: Box Culvert and Drainage Easement Operations
Dear Mr. Doyle:
It is my intent this letter serve a dual purpose. First, to
acknowledge receipt of the Engineering Report dated September
1, 1988 by Ginn, Inc., Consulting Engineers and your letter
dated September 12, 1988. I welcome your written promise to
begin maintaining City property, ending more than six months
of fruitless verbal discussions with City employees, who told
me the City had no available funds for this program.
Secondly, I will take this opportunity to repeat my position
concerning the condition and maintenance of the drainage
easement and box culvert on the west side of my property. As
we discussed in our meeting of September 7, 1988, I believe a
shared responsibility exists between the developers,
engineers, home builders and the City of Coppell, to plan,
construct, inspect and maintain the drainage easement to
protect public safety and prevent the loss of real or
personal property by the citizens. It is my opinion that the
current condition of the drainage easement and box culvert
reflect failures in each of these areas, while the
responsibility and liability for any damages, past, present,
or future remain with the developers, engineers, home
builders, the City of Coppell, its administrators, and
department heads. As we discussed, I do not have a
contractor to coordinate with the City contractor. After you
informed me the City would not provide or perform any work on
private property, I encouraged you to proceed smartly with
that work which you agreed was City responsibility, including
public right-of-ways and/or City owned property. I did not
and will not agree to release anyone or any agency or entity
from responsibility or liability for damages caused to
myself, my family, or my property due to their actions. As
we discussed, I believe we are all responsible for our
actions and our inactions. Personally, I can not recall ever
trying to negotiate the completion of my job responsibilities
by suggesting a waiver of liabilities for damages caused by
my failure to complete the job in the first place.
Finally, that which I did agree to do, includes providing
manpower in an effort to provide a more gentle slope to the
channel bottom extending approximately one hundred feet to
the north of the upstream culvert opening. Also, I agree to
communicate, cooperate and coordinate with the City whenever
possible while the contractor cleans the silt out of the
culvert and provide a positive drainage flow, for the first
time since I purchased my property.
If you have any questions, please do not hesitate to call.
Sincerely,
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