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Number 01Y'. Item 25: Consider approval of an Interlocal Agreement with the City of Carrollton regarding.MacArthur Boulevard and authorizing the mayor to sign the agreement. City Attorney Larry Jackson made the presentation to the Council. He stated that this agreement would allow Coppell to pay and maintain that portion of MacArthur Boulevard that is located within the City of Carrollton. Following discussion on this item Councilman Smothermon moved that the contract be approved and that the Mayor be authorized to sign. Councilman Bailey seconded; motion carried 4 -0. Item 26: Consider approval of Change Orders 2, 3 and 4 on municipal complex and authorizing the mayor to sign the change orders. Mr. Mike Henjum representing O'Brein, O'Brein, Nyfeler and Calloway made the presentation to the Council. Total cost of Change Orders 2, 3 and 4 is $1,861.00. Following discussion on this item Councilman Bailey moved that these change orders be approved and that the Mayor be authorized to sign. Councilman Ware seconded; motion carried 3 -1 with Councilman Smothermon voting against the motion. PLATTING ACTIONS - PRELIMINARY PLATS Item 27: Plat Application #85 -10 -31 - to consider approval of preliminary plat for Carmel at the Lakes of Coppell. Date of Planning & Zoning - December 19, 1985 Recommendation of Planning & Zoning - Approval Mr. George Michulka of Graton Corporation made the presentation to the Council. He stated that this development is proposed to have two car enclosed garages with two off street parking spaces. The Planning & Zoning Commission as well as staff and City Engineering recommends approval of this plat. Following discussion Councilman Ware moved that this plat be approved. Councilman Smothermon seconded; motion carried 4 -0. Item 28: Plat Application #85 -11 -18 - to consider approval of preliminary plat for Coppell Road Business Park. Date of Planning & Zoning - December 19, 1985 Recommendation of Planning & Zoning - Approval. Mr. Dale Veenker made the presentation to the Council. Planning & Zoning Commission, City Engineers and staff recommend approval of this plat. The screening wall is to be a live screening wall that would be installed behind the houses in the adjoining development. Questions concerning the screening wall and the twenty foot rear set -back were discussed by the Council. Council expressed concern that they would like to see additional trees at this point so as to more distinctly separate the area from the residential development in the rear. Mr. Veenker indicated that he is working with a landscape architect and would be willing to plant the additional trees. Following discussion Councilman Smothermon moved that the plat be approved with the stipulation that the owner plant the extra trees in the rear of the property. Councilman Pettijohn seconded; motion carried 4 -0. r- PLATTING ACTIONS - FINAL (/ -.006 or VIN RESOLUTION NO. 52 -12 -85 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT OR RIGHT OF WAY; AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF COPPELL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described in Exhibit A attached hereto is necessary for construction of a street right -of -way and other municipal purposes; and WHEREAS, the consideration expressed in Exhibit A does not exceed the fair market value for the easement conveyed therein; WHEREAS, the City of Carrollton desires to cooperate with the City of Coppell to facilitate the construction and maintenance of the street by the City of Coppell. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CARROLLTON, TEXAS: Section 1 That the Council of the City of Carrollton hereby approves and accepts the easement or right -of -way for street and other municipal purposes, as fully set out in Exhibit A. Section 2 That the City Manager is hereby authorized to execute an Interlocal Cooperation Agreement with the City of Coppell whereby the City of Coppell shall assume all responsibility for the costs of construction and maintenance of the Macarthur Boulevard where it exists in the City of Carrollton corporate limits. Section 3 That the City Manager is authorized to take those actions reasonable and necessary to implement this resolution. r Page 2 Section 4 That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED THIS 10TH DAY OF DECEMBER, 1985. City of Carrollton, Texas By: ATTEST: City Secretary Approved as to form: City Attorney Mayor INTERLOCAL AGREEMENT WHEREAS, the tract of land described herein and shown on the plat attached hereto as Exhibit "A" is a portion of Macarthur Boulevard which runs north through the corporate limits of the City of Coppell and at said location crosses a strip of land within the corporate limits of the City of Carrollton; and WHEREAS, the City of Coppell desires to maintain said Macarthur Boulevard, including that portion located within the corporate limits of the City of Carrollton; and WHEREAS, the City of Carrollton and the City of Coppell recognize the need for cooperation for the continued growth and prosperity of both cities; NOW, THEREFORE, in and for the consideration of the mutual promises, covenants and obligations as set forth herein, the City of Coppell and the City of Carrollton agree as follows: SECTION 1. The City of Carrollton, Texas, grants- unto the City of Coppell, Texas, the right of entry into the corporate boundaries of the City of Carrollton for the purpose of permitting the City of Coppell to construct and maintain a city street and all appurtenant utilities in, over and under that certain tract of land shown on the plat attached hereto as Exhibit "A" and more particularly described by metes and bounds on Exhibit "B" which is attached hereto and made a part hereof for all purposes. SECTION 2. In consideration for such right of entry, the City of Coppell hereby agrees to maintain said roadway at its cost. SECTION 3. The City of Coppell further agrees to indemnify the City of Carrollton, and save it harmless from, all damages, actions, causes of action, claims, judgments, costs of litigation and attorneys, fees, which may in any way arise out of or result from any act T a C or failure to act on the part of the City of Coppell, its agents, servants and employees growing out of the construction or maintenance of said roadway and any appurtenant utilities placed therein by the said City of Coppell, its agents, servants or employees. SECTION 4. The term of this Agreement shall commence on the date of its execution and continue in force and effect until terminated by mutual agreement of the parties hereto. SECTION 5. No officer or employee of the City of Coppell or the City of Carrollton shall have any financial interest, direct or indirect, in this Agreement or in the purchase or sale of any property, materials, services, supplies or equipment used in the performance of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Interlocal Agreement this day of , 1985. CITY OF COPPELL CITY OF CARROLLTON Mayor Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney ATTEST: City Secretary APPROVED AS TO FORM: City Attorney I i •' I Y ~ say I ir cm GoLro ' Jur - --• s .,. e 3 I • (I I i I • r r roam a1 w �C Al3L NO. 1 493 • O AesT. N0. 1442 �--- -•a I . r1�oo °D o •s • • r r O mmm r -+ -V o'. o 0 I J►c11cJ1 � N.ImNym � amO A N Co. it 00 • Qp� 01 ° m Qm1 ON f 41 I 1 Ar co (it ■ r • • �� O C),m 0 • io 1 OOOw W!O r ° 4'CP vA ti n m H m a . �• .� r■ r r A I to roa A °C mm � � 1 r / I pr F k oCP w Of / D � r r ■ • N� N 11 p1— r�7DD • y� �~ ■ r r ■ e 1-00 yy ads a a O .E� J'C IB IT !`.A " �' 41t 4� Lying and situated in Dallas County, Texas, and being a part of that certain 16.50 acre tract of land in the ,G.R.R.Survey, Abstract No. 1442 conveyed as Power & S.A. S & to Dall Light Company by J. B. Lesley, et ux, by a Warranty Deed dated October'l6, 1956, of record in Volume 4594, page 302, peed Records of Dallas County, Texas, and being more particularly described by metes and bounds as follows; Gcaviencing at the point of intersection of the northwest line. Of the above described 16.50 acre tract of land with the southwest right of w right of way); ay line of Sandy Lake Road (an 80 foot Thence S 290 13' 43" W, along the northwest line of said 16.50 acre tract, 3515.77 feet to a point on a non - tangent curve to the right whose center bears S 430 15' 43" W, a distance of 875.00 feet and the pOINr OF BMINNING; THM E in a southeasterly 'direction, along said curve to the right through a* central angle of 080 59' 13 ", a radius of 875,00 feet and a tangent length of 68.76 feet, an arc distance Of 137.24 feet to a point on the `southeast line of said 16.50 acre tract; TEaWM S 290 13' 41" W, along said southeast line, 121.11 feet to a point on a non- tangent curve to' the left whose center bears S 55° 47' 53" W, a distance of 765.00 feet; TEaM in a northwesterly direction, along said curve to the left through a central angle of i00 28' 03% a radius of 765.00 feet and a tangent length of. 70.07 feet, an arc distance of 139.76 feet to a point on the northwest line of said 16.50 acre tract; IfENCE N 290 12' 55" E, along said northwest line, 113.90 feet to the point of beginning. EXHIBIT «B» 0 TO: Mike Eastland FROM: Karen Brophy SUBJECT: Interlocal Agreement with the City of Coppell re: Macarthur Blvd. COMMENTS: A developer in Coppell is extending Macarthur Blvd. Approximately 130' of this road will be in the City of Carrollton corporate limits. By the attached interlocal agreement, the City of Carrollton grants the City of Coppell the right to build and maintain the road in our city limits. The City of Coppell agrees to indemnify and hold harmless the City of Carrollton from any claims arising from this construction and care of the road. Dallas Power & Light will grant the City of Carrollton the right of way necessary for the.road. As consideration for the easement, DP &L seeks a release from the cost of construction of the road and any improvements in the next 5 years. This road is not being built with City of Carrollton funds and Coppell would need our agreement to assess DP &L. DESIRED ACTION: Authorize the City Manager to enter into an Interlocal Cooperation Agreement with the City of Coppell regarding Macarthur Blvd.; and accept street right of way easement from Dallas Power & Light. Resolution to that affect is attached. SIGNATURE: is TITLE: City-Attorney