Lake Park/FP-AG 911210ITEM CAPTION:
Consideration of an ordinance granting Waterford at Lake Park Owners Association, Inc., a franchise
al~eement on a Z 1/Z foot strip of MacArthur Boulevard right-of-way for construction ami m~inten-
ance of a masonry screeni,,g wail-
SUBMITTED BY:
V '
OTHESTAFF~
DATE:
When Council approved a revised subdivision plat on Lake Park Addition, a condition of approval
related to provision of a solid screening wall adjacent to the MacArthur Boulevard right-of-way.
Unfortunately, the plat did not make provisions for the Z 1/Z foot strip requested for placement
of the wall_ This agreement allows the wall to be built as directed by Council, places the wall on
a Z 1/Z foot strip, and mandates that the Homeowners Association maintain the wall. Although
not foreseen, if this property is event,,ally needed for MacArthur Boulevard wideni-E, the City has
the authority to use this strip for widepinE purposes.
BUDGET AMT.
AMT +/- BUDGET
COMMENTS:
DATE
FINANCIAL REVIEW BY
LEGAL REVIEW BY:
AGF-,NDARF.(~UF. ST FORM REVISED L/gl
REVIEWED BY CM:
ance of a masmsry screeming wall.
a~
SUBMITTED BY:
OTHER
DATE:
When Council approved a revised sulxlivision plat on Lake Park Additio~ a conditio~ of approval
related to provisioa of a solid screeni~ wall adjacent to the MacArthur Boulevard ri~ht-of-way.
Unfcrtunately~ the plat did not make provisions for the Z 1/Z foot strip requested for placement
of the wall Thi~ asreement allows the wall to be built as directed by Correct_!: places the wall on
a 2 1/~- foot strip~ ami mandates that the Homeowne~ Association m~iut~n the wall. Althou~
not fcresee~ if this property is event-nlly needed for MacArthur Boulevard widenin~ the City has
the authority to use this strip for wid~ninE purposes.
BUDGET AMT.
AMT +/- BUDGET
(~OMMENTS:
ctry
FINANCIAL REVIEW BY ~
LEGAL REVIEW BY:
AGENDA REQUE.qT i~Ol~d REVVED 1/~1
REVIEWED BY CM:
Rev. 4-24-89 SUPPORT DOCUMENTATION FOR AGENDA ITEH
~T~k~P R~CEIVED BY CITY ¥~NAGER'S OFFICE:
SUPPORT DOCL~NTATION SUBMITTED WITM ACENDA ITEM:
MEMOS/LETTERS/REPORTS/BILLS/MINUTES:
NO. OF ORICI~.ILS R~UIRED
· I each
C05TF~.CT/AG~EMENT ................. :
C.I.P. CONTI~ACT ..................... :
CHANGE ORDERS ....................... :
3 originals for signature
6 originals for sieveCure
3 originals for signature
ORDINANCE ........................... :
CAPTION ............................. :
RESOLUTION .......................... :
PROCLAMATION ........................ :
I blueback for signature + 3 copies
1 bluaback for siSuacure + 3 copies
2 blueback8 for signature + I copy
2 blueb&cks for eisuaCure + 1 copy
I each
LOCATION MAPS ....................... :
ZONING PLANS ........................ :
PRELIMINARY/FINAL PLATS ............. :
SITE PLANS .......................... :
LANDSCAPE PLANS ..................... :
ARCMITE~ RENDERINGS ............ :
12
12
12
12
12
12
DATE PUBLISHED IN TME CITIZENS' ADVOCATE:
NOTIFICATION TO:
DATE/~D OF CO[FI'ACT:
NOTES
2N~D SHEET.0588DS
Me
Ne
RECYCLING COMMITTEE
There was no report at this time.
SCHOOL BOARD
A Joint meeting has been tentatively scheduled for
January, 1992.
PERSONNEL COMMITTEE
Council was requested to look at draft policies and get
comments to Councilmen Robertson and Morton prior to
their weekly Friday meetings. These Policy Statements
will then be placed on the Consent Agenda.
CABLE COMMITTEE
Councilman Cowman stated that he helped host a
reception at Pecan Hollow where Buzz Nezbttt, Paragon
Cable, stated that the the residents of Pecan Hollow.
will be receiving cable by the end of December, I991.
Marsha Tunnell, Planning and Zoning Comm~ssion member,
is the public relations person for Paragon Cable TV.
CONSENT AGENDA
I~em 23 A,
Consideration for formal acceptance of the Village
Parkway Pump Station Landscaping Project and public
notice of final payment to Landscape Design and
Construction, Inc. in the amount of $5,619.80 including
the release of all retainage.
Be
Consideration for awarding of bid for purchase of water
meters to various firms not to exceed $56,900.00.
Ce
Consideration of a request by Steve Fandre,
representing the Coppell High School Sports Booster
Club to permit a van with loud speakers to travel
through Coppell neighborhoods announcing a Donkey
basketball game on February 8, 1992, and to further
solicit participation of City Council to field a team
for this event.
Consideration of a Resolution to allow the use of the
old Kwik Mart structure at 120 South Denton Tap until
January 10, 1992 as a temporary sales structure in
conjunction with a Christmas Tree Sales Lot at that
address. The request is made by Mr. Bruce Dietz of
Seasons Color, Inc.
me
Consideration of approving a resolution in support of
continued funding by the Texas Water Development Board
for the Upper Trinity River feasibility study, and
authorizing the Mayor to sign.
F®
Consideration and approval of an Ordinance authorizing
and allowing, under the TMRS Act governing the Texas
Municipal Retirement System, "Updated Service credits"
in said System on an annual basis for service performed
by qualifying members of such system within the City of
Coppell and also providing for increased prior and
PACE 8 OF 9
current service
beneficiaries of
Coppell.
annuities for retirees and
deceased retirees of the City of
Consider adoption of a Resolution appointing Election
Judges for Saturday, January 18, 1992 for voting "For"
or "Against" the Proposition "Adoption of Fire Fighters
and Police Officers Civil Service Law."
He
Consideration of a resolution authorizing the Hayor to
execute a partial release of assessment lien under
assessment certificate #90-145, releasing the
assessment lien on 15.537 acres out of the original
tract owned by the Baptist Foundation of Texas in
consideration of heretofore payment to the City of
$17,118.40 on said assessment certificate #90-145.
Consideration of a variance from Section 10-4-3 J of
the Sign Ordinance which concerns off-premise signs.
The variance is for signs advertising the Coppell
Community Theatre production of "A Christmas Carol" and
is requested by Councilman Nelson.
Consideration of an ordinance granting Waterford at
Lake Park Owners Association, Inc., a franchise
agreement on 2 1/2 foot strip of MacArthur Boulevard
right-of-way for construction and maintenance of
masonry screening wall.
Mayor Pro Tem Smothermon moved to approve Items 23A, 23B, 23C, 23D
carrying Resolution number 121091.1, 23E carrying Resolution number
121091.2, 23F carrying Ordinance number 91534, 23G carrying Resolution
number 121091.3, 23H carrying Resolution number 121091.4, 231, and 23~
carrying Ordinance 91535 and authorizing the Mayor to sign.
Councilman Morton seconded the motion; motion carried 7-0, with Hayor
Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman,
Robertson, and Nelson voting in favor of the motion.
There being no further business to come before Council, the meeting
was adjourned.
Mark Wolfe, Mayor
ATTEST:
Dorothy Timmons, City Secretary
MINUTES 121091
MNTS3
PAGE 9 OF 9
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ~/O"'...,~o'~*
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, GRANTING WATERFORD AT
LAKE PARK OWNERS ASSOCIATION, INC. A NONEXCLUSIVE FRANCHISE TO USE A
-rwo AND ONE-HALF FOOT STRIP OF RIGHT-OF-WAY OF MACARTHUR BOULEVARD
FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING A SCREENING WALL;
PROVIDING THAT THE FRANCHISE MAY BE CANCELED BY THE CITY COUNCIL OF
THE CITY OF COPPELL IN THE EVENT THE CITY COUNCIL DETERMINES THAT THE
LAND IS NEEDED FOR PUBLIC PURPOSES; PROVIDING THAT THE FRANCHISEE WILL
CONSTRUCT AND MAINTAIN THE SCREENING WALL; PROVIDING OTHER FRANCHISE
REGULATIONS AND REQUIREMENTS; AND DECLARING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
Section 1. The City of Coppell, Texas, hereinafter called "City", hereby grants
unto Waterford at Lake Park Owners Association, Inc., hereinafter called "Grantee," a
nonexclusive right and privilege to use the two and one-half foot strip of right-of-way of
MacArthur Boulevard described by metes and bounds in Exhibit 1, attached hereto, and
shown on the plat attached as Exhibit 2, for the purpose of constructing and maintaining
thereon a screening wall.
Section 2. It is understood and agreed that in the event the City Council
determines in its sole discretion that such land is needed for public purposes, this
franchise may be canceled at any future time by majority vote of the City Council of the
City of Coppell, Texas.
Section 3. Upon acceptance of this franchise, Grantee agrees to construct the
screening wall at said location and continue to maintain the screening wall in good
condition. It is agreed and understood between City and Grantee that City shall have the
right to perform any necessary maintenance on the wall if the Grantee fails to reasonably
perform its maintenance obligations within ten (10) days after receipt of written notice from
City stating the nature and extent of the Grantees' failure to maintain and that in the event
the City is required to perform the maintenance obligations of Grantee, the City shall have
the right to bill Grantee for such expenses and costs and collect any assessments to
cover such costs that Grantee could have collected pursuant to its Homeowners
Agreement. Provided, however, any work that the City might perform on the wall shall
not terminate the Grantees' obligation to continue to maintain the wall pursuant to this
franchise agreement. I/~r,J
. r~ ql'
Section 4. Unless otherwise terminated pursuant to Section 2 above this
franchise shall continue in full force and effect for a term of twenty-five (25) years from the
effective date of this ordinance and shall automatically be extended for successive ten
(10) year periods unless a written instrument vacating or modifying the franchise is duly
adopted by the City Council of the City of Coppell, Texas.
Section 5. Grantee shall indicate its acceptance of this franchise by signing this
ordinance below the signatures of the Mayor and City Secretary.
Section 6. By grant of this franchise, the City does not waive nor surrender any
rights or powers reserved to it by the Coppell City Charter or any rights or powers
pursuant to laws of the State of Texas.
Section 7. This ordinance shall take effect immediately from and after its
passage as the law in such cases provides and may be recorded in the Deed Records
of Dallas County.
this
DULY PASSED AND ADOPTED by the City Council of the City of Coppell, Texas,
/~ day of December, 1991.
APPROVED:
MAYOR
A'IR'EST:
APPROVED:
WATERFORD AT LAKE PARK OWNERS
ASSOCIATION, INC.
APPROVED AS TO FORM:
CITY ATTORNEY//
By
WALL & LANDSCAPE FRANCHISE AREA
BEING a 2.50 foot wide strip of land situated in the William
Trimble Survey, Abstract No. 1791 in the City of Coppell, Dallas
County, Texas and being more particularly described as follows:
BEGINNING at a point of intersection of the westerly line
of MacArthur Boulevard (a 100 foot right-of-way) with the. south
line of Glen Lakes Drive (a 50 foot right-of-way);
THENCE N. 63°51'45'' E., 2.50 feet to a point for corner
being in a curve to the left running in a southeasterly direction
and having a central angle of '4°49'56'' a radius of 1442.50 feet
and a chord bearing of S. 29~32'48'' E.;
THENCE along said curve, and being 2.50 feet east and
parallel to the said westerly line of MacArthur Boulevard, 121.66
feet to the end of said curve;
THENCE S. 31"57'46'' E., 130.04 feet continuing parallel
to the said westerly line of MacArthur Boulevard to the beginning
of a curve to the right having a central angle of 7"05'52'' a
radius of 947.50 feet and a chord bearing of S. 28°24'50'' E.;
THENCE along said curve, and parallel to the said westerly
line of MacArthur Boulevard, 117.38 feet to the end of said
curve;
THENCE S. 1~02'58'' E., 176.67 feet to a point for corner;
THENCE S. 88°57'02'' W., 2.50 feet to a point for corner;
THENCE N. l°02'58'' W., 176.14 feet to a point for corner
on the said westerly line of MacArthur Boulevard, said point
also being in a curve to the left running in a northwesterly
direction and having a central angle of 7"03'57'' a radius of
945.00 feet and a chord bearing of N. 28~25'47'' W.;
THENCE along said curve, and the said westerly line of
MacArthur Boulevard, 116.54 feet to the end of said curve;
THENCE N. 31~57'46'' W., 130.04 feet continuing along the
said west line of MacArthur Boulevard to the beginning of a
curve to the right having a central angle of 4"50'02'' a radius
of 1445.00 feet and a chord bearing of N. 29°32'45'' W.;
THENCE along said curve, and the said westerly line of
MacArthur Boulevard, 121.91 feet to the Point of Beginning and
containing 1363 square feet of land.
EXHIBIT "1"
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C I T' Y 0~' CO, OpE/
~'a,[, /I. 7'MIMS~L E SL/~., ~4~S~.
A= 7~05'5~~
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EXHIBIT "2"
16250 DALLAS PARKWAY JobNo.
(ZI4) 9:51-0694 DALLAS , TEXAS 75248