Lake Park/FP-CS 911107LAWRENCE W. JACKSON
TIM KIRK
ROBERT L. DILLARD III
ROBERT D HEMPHIll
ROBERT L. DILLARD, JR
H. LOU~S NICHOLS
OF COUNSEL
NICHOLS, JACKSON, KIRK & DILLARD
(Formerly Sallinger, Nichols, Jackson,
Attorneys & Counselors at
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
(214) 954-3333
Facsimile (214) 954-3334
~ ~ 8~ !CE GRIFFIN
STOCKARD
November 7, 1991
Mr. Gary Sieb
Director of Planning
and Community Services
City of Copp/ell
P.O. Box 471~
Coppell, TeXas 75019
Dear Ga~y:
Re: Lake Park MacArthur Blvd. Screening Wall;
Our File No. 728
I have reviewed the material you sent to me concerning the mentioned
matter. We could run into problems leasing a portion of the public right-of-way for
construction of the screening wall, however, I feel that we could properly enter into a
,a~.~!~ permit to use the 2 1/2 foot strip of right-of-way for the. p~rp_gse'
of constructing and' main'taihin-g'~e'~c~r'~'e'~]n*~~ ........ ~.~ ,.--'~,~ ................ '~,~ .......... ~~ ~
To eliminate any objection that the franchise isa ,err~anent rfr~chise~the~-~
agreement should include a provision that the franchise permit could be canceled by the
City in the event the City determines that the !and is needed for public purposes.
The agreement should also provide that the association will construct and maintain~
the wall and will give the City the right to perform the maintenance on the wall if the
association fails to reasonably perform its maintenance obligations within ten (10) days
after receipt of written notice from the City stating the nature and extent of the~
association's failure to maintain.
The agreement should also provide that in the event the City does have to perform
any such maintenance it would have the right to bill the association for such expenses
and costs. Any work that the City would do on the wall would not terminate the
association's obligation to continue to maintain the wall pursuant to the agreement.
Mr. Gary Sieb
November 7, 1991
Page 2
After you have had a chance to review this, please give me a call so we can
discuss the matter further.
LWJ/gh
Very truly yours,
NICHOLS, JACKSON, KIRK & DILLARD