DR9001-CS 900501SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
(Formerly Saner, Jack, Sallinger & Nichols)
Attorneys & Counselors at Law
1800 Lincoln Plaza
500 N. Ak~rd
Dallas, Texas 75201
(214) 954-3333
Facsimile (214) 954-3334
May 1, 1990
Mr. Alan Ratliff, City Manager
City of Coppell
P. O . Box 478
Coppell, Texas 75019
RE: OUR FILE NO: 26
Comnnell Drainage Agreement
Dear Mr. Ratliff:
At the last City Council meeting a question was raised concerning the notation
"waived" which was next to Section 4 of the copy of the Connell Agreement included
in the packett (see page 3 of Exhibit "A". You have ask me to search my file for an
answer to the question.
It appears from material found in the council packet of June 23, 1987 (See
Exhibit B) that Connell sent a letter to Wayne Ginn on May 20, 1987 indicating that
they would be immediately constructing the box culvert at the same time the high
school constructed the culvert on the school property. ~n this letter they requested
that they not be required to put up the escrow or letter of credit because of their
intent to start construction immediately. Ginn's letter of June 12, 1987 is in response
to Connell's letter and indicates that "the box culvert issue has been resolved." It
appears that their Final Plat on Lots 1, 2 and 3 were approved "with stipulations (Please
see attached letter listing the stipulations)". (see Staff Report in Exhibit B)
Exhibit C is a letter from Connell which explains why they did not follow through
with construction simultaneously with the school construction.
Since they did not construct the box culvert at the same time the school
constructed it's section, Connell's obligation to escrow the funds or provide a letter
of credit was restored and remains a valid obligation.
CC:
Mr. Steve Goram, Director of Public Works
City of Coppell
P. O . Box 478
P,~nn~ll ~P~¥.q 7Rrll~
SALLINGER, NICHOLS, JACKSON
KIRK & DILLARD
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