Switching Stat/FP-CS 930218{1-'~8-93 05'{,SFl,I FEOI~I N!OHOL. 8 SA{3KSON KiEK ?0 6ITY OF uOPFBLL
At~eys & CounseJo~ a~ Law
~WR[NCE W. JACK~ON 1800 ~nCO~ P~ ~[T[R G. S~ITH
.O~ERT O..~""HILL Dallas, ~s 75201 OAWO
(214) 954-~%~
~B[~ L. DIL~"D, U". Facs~e (214) 9~-3334
~. LOU,~ ~,CHOL~
February 18, 1993
TELECOPY (FAX) TRANSMISSION LETTER, Deliver To:
Mr. Alan Ratiiff
City Manager
Coppell, Texas
FAX NO. 393-0948
Number of Pages: 7 (including this page)
Re: TU Electric & Brazos Substation Coppell Road & Thweatt Road
Dear Alan:
I have afile on the zoning ordinance (S-1041). You might check Taryon Bowman's
file to see if any thing is in it dealing with your agreement with TU.
it looks like this started with a proposed agreement with TU to make a street
escrow deposit. See my letter to Frank dated April 24, 1989 and tl~e proposed escrow
agreement. Frank may have a file on this. Also enclosed is my letter to Russell Doyle
dated April 24, 1989 where I point out the need to revise Section 17 of the Subdivision
Ordinance dealing with street escrow agreements. Doyle may have had a file that [s still
with the city.
! think TU was balking at putting up the escrow and that is when you got to talking
with Tom Parsons and made the oral agreement that was incorporated into the conditions
of granting approval of the subdivision plat.
We have some closed out files in storage at Security Archives. I will check these
files tomorrow for the letter you copied to me. You might fax me a copy of this letter so
I will know what I am looking for.
Very truly yours,
NICHOLS, JACKSON, KIRK & DILLARD
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
(Formerly Saner, Jack, Sallinger & Nichols)
c^w~.c~ w. ~^cKso. Attorneys & Counaelors at Law
0~. ~. s~ (214) 954-333~
~OH~ ~,~ am~,~ Facsimile (214) 954-3~34
April 24, 1989
Mr, Russell Doyle
City Engineer
City of Coppell
P. O. Box 478
Coppell, Texas 75019
Re: TU Electric Escrow Agreement
Our File No. 371
Dear Russell:
In reviewing the proposed Escrow Agreement between the City and TU Electric
which they are paying, in lieu of constructing one-half of the paving and drainage
improvements on Coppell Road and Thweatt Road, I ran into a conflict with the first
proposed draft and our Section 17 of the Subdivision Ordinance.
In my opinion, this part of the Subdivision Ordinance needs to be revised to more
clearly state the City's requirement. Also, I believe there is pending legislation which
might have some effect on these provisions of the Zoning Ordinance. I am marking my
copy to pay spec/al attention to this area when we renew our efforts to revise the
ordinance and recommend that you also mark your copy for review.
Very truly yours,
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
By
"-~ ./ Lawrenc//. Jackson
LWJ/sb
KIRK & DILLARD
(Formerly ~ner, Jack, Sallinger & Ntchol~ o~v,o
~z. =. S.,T. (214) 954-3333
JOHN ~lrR~ ORIFFIN Facsimile (214) 954-3334 OF
April 24, 1989
Mr. Frank Trando
Finance Director
City of Coppell
P. O. Box 478
Coppell, Texas 75019
Re; TU Electric Street Escrow Agreement
Our File No. 371
Dear Frank:
Enclosed you will find a revised proposed Escrow Agreement to be used in the
above mentioned matter.,,
Please let me know if you desire any changes.
Very truly yours,
SALLINGEF,, NICHOLS, JACKSON,
KIRK & DILLARD
By~ Lawrene~/,/Jaekson
LWJ/sb
Enclosure
ce: Mr. Russell Doyle
City Engineer
City of Coppell
P. O. Box 478
Coppell, Texas 75019
Mr. Alan D. Ratliff
City Manager
City of Coppell
P. O. Box 478
CoppeD, Texas 75D19
COPPELL - TU ELECTRIC
STREET ESCROW AGREEMElqT
This Escrow A~reement is made and entered into as of the effective date between
the City of Coppell, Texas, ("City") and Texas Utilities Electric Company ("Developer").
W I T N E S S E T fl:
WI~ER£AB, Developer has eleeted to make major improvements in developing its
"Coppell Switching Station" located at the northwest corner of Coppell Road and Thweatt
Road in the City of Coppe]l, Dallas County, Texas; and
WHEREAS, Developer, in lieu of eonstruetin8 paving and drainage improvements
on Copped and Thweatt Road in conjunction with such development, desires to place
funds in escrow for future construction of such improvements; and
WBERI~A~q, current City policies permit escrow deposits where circumstances
warrant the delay in the construction of such pavin~ and drainal~e improvements;
NOW, TIIE]~E]FORE, for and in consideration of the mutual covenants herein
expressed, City and Developer hereby agree as follows:
l. The F. set-ow. In lieu of Developer constructing its one-half of the paving
and drainage improvements on Copped Road and Thweatt Road along its frontage as
shown on Exhibit "A" attached hereto and made a part hereof, Developer agrees to
plaee in escrow the sum of $140,204.00 to be used by City for the future eonstruetion
of said public improvements. The dollar amount of said escrow deposit is based upon
current estimated pro rata charges of $200.00 per front foot for one-half of a six-lane
divided major thoroughfare.
2. Use of Escrow Deposit. The escrow funds shall be held in the sole name
of the City in an interest bearing account to draw interest at current rates. The City
shalI have the right to draw and use said escrow funds to pay the cost of the improvements
when such improvements are ordered to be constructed by the City Council of the City
of Coppell. Said escrow funds shall not be used for any purpose other than for the
construction of the improvements.
3. Proeed_:,re Following Completion of lml~-ovement~. After completion and
acceptance of the improvements by the City, the difference between the escrow funds
(the original escrow deposit plus accrued interest) and the actual cost of the improvements
shall be determined, In the event the actual cost of the improvements is less than the
escrow amount plus accrued interest, City agrees to refund the difference to Developer.
In the event the actual cost of the improvements is in excess of the escrow deposit
plus accrued interest, Developer agrees to pay City the difference upon ten (10) days
written notice of the amount due.
4. Building Permits. Upon deposit of the escrow funds described herein, the
City may issue building permits on the aforesaid property without the requirement that
the improvements be constructed in conjunction with Developer's project.
5. Governing Law and Venue. This Agreement and all of the transactions
contemplated herein shall be governed by and construed in accordance with the laws
of the State of Texas, and Developer' and City both irrevocably agree that venue for
any dispute concerning this Agreement or any transaction contemplated herein shall ~
in any court of competent jurisdiction in Dallas County, Texas.
6. Counter~:~arts. This Agreement may be executed in any number of
counterparts, each of which shall be an original and ali of which shall be deemed to be
one and the same instrument.
7. Effective Date. The effective date of this Agreement (,,effective date")
shall be the day of , 1989.
EXECUTED by Developer and City as of the effective date.
CITY OF COPPELL, TEXAS
By:
Mayor
ATTEST:
City Secretary
TEXAS UTILITIES ELECTRIC COMPANY
By:
ATTEST:
CK89-0424