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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" ~t OCl~ ~. 50~ bVID ~' 14/,~ L l. C I T' Y 0~' CO, OpE/ ~'a,[, /I. 7'MIMS~L E SL/~., ~4~S~. A= 7~05'5~~ 7'= ~'~. 7~ ' EXHIBIT "2" 16250 DALLAS PARKWAY JobNo. (ZI4) 9:51-0694 DALLAS , TEXAS 75248