Revised AgreementLAWRENCE W. JACKSON
TIM KIRK
ROBERT L. D~LLARD Ill
ROBERT E. HAGER
PETEr G. SMITH
JOHN PIERCE GRIFF~N
DAVID M. BERMAN
BRUCE A. STOCKARO
NICHOLS, JACKSON, KIRK & DILLARD, L.L.P.
Attorneys & Counselors at La~JOHN F ROEBM HI
Dallas,1800500 NorthLine°lnTexasAkardPlaza75201 W~CHRiSTiNA a. MELTON
(214) 954-3333 ocs
Facsimile (214) 954-3334
April 8, 1993
Philip R. Segrest
Segrest & Segrest, P.C.
200 W. State Highway 6
Waco, Texas 76712
Re: Brazos Electric Cooperative/Coppell Substation Agreement
Dear Mr. Segrest:
Enclosed for your review is the revised Agreement by and between Brazos Electric
Power Cooperative, Inc. and the City of Coppell regarding the Coppell Substation. If the
Agreement meets with your approval, please obtain the necessary signatures and return
it to me as soon as possible for submission to the City Council for approval.
I have also enclosed a copy of a proposed zoning ordinance granting a special
use permit for an electrical substation in a light industrial district, which is scheduled for
approval by the Coppell City Council on April 13, 1993.
Thank you for your attention to this matter.
Very truly yours,
NICHOLS, JACKSON, KIRK & DILLARD
PGS/mdm
Enclosures
By:
CC:
Mr. Frank Trando
Acting City Manager
Mr. Gary Sieb
Director of Planning
City of Coppell
PO Box 478
Coppell, Texas 75019
AGREEMENT
THIS AGREEMENT is made and entered into by and between BRAZOS
ELECTRIC POWER COOPERATIVE, INC., a Texas Corporation ("Brazos Electric") and
the CITY OF COPPELL, TEXAS, a municipal corporation ("the City"), as follows:
RECITALS
WHEREAS, by final plat and plan of the Coppell Switching Station Site ("the Site"),
which has been recorded in Volume __, page , of the Dallas County Deed
Records ("the Plat"), Brazos Electric and TU Electric Company ("TU Electric") dedicated
to the City a forty (40) foot easement ("the 40 foot Easement"), as shown on the Plat,
in order to permit the City to widen Coppell and Thweatt Roads ("the Facility"); and
WHEREAS, the Special Use Permit zoning change application of Brazos Electric
was approved by the City on March 9, 1993 (Case #S-1041(A)) in connection with the
Site, subject to the conditions relating to Landscaping and Screening and Final Plat
Variances hereinafter set forth; and
WHEREAS, Brazos Electric has agreed to pay to the City the paving assessment
for the Site frontage, as hereinafter set forth; and
WHEREAS, the City has requested that such agreement be set forth in this
Agreement.
NOW, THEREFORE, for and in consideration of Ten and No/100 Dollars ($10.00)
and other good and valuable consideration to it in hand paid, the receipt of which is
hereby acknowledged, Brazos Electric and the City agree, as follows:
1. Paving Assessment. On or before April 1, 1993, Brazos Electric will pay to
the City the sum of $110,126, representing the paving assessment for the 379.57 feet of
substation site frontage along Thweatt Road and the 171.06 feet of substation site
frontage along Coppell Road, within the City.
2. Landscaping and Screening. Brazos Electric, at their cost, will extend
between the Site and Thweatt Road and Coppell Road, the same landscaping and
screening (masonry wall) which is presently in place for the Site as such landscaping and
screening exists on the date of this Agreement. Brazos Electric will complete such
landscaping based on the City's Streetscape Guidelines when the Facilities are
completed.
-1- AGGO3DEB
3. Other Conditions. Brazos Electric agrees to the following other conditions:
Landscaping on the Site shall be at least comparable to the landscaping at
the Hackberry Substation in accordance with the Site Plan attached to the
SUP Ordinance approved by the City on March 9, 1993 in Case No. S-
1041(a), and subject to approval by the Director of Planning. Upon the
improvement of Coppell Road and Thweatt Road, the landscaping shall
conform to the City Streetscape Guidelines.
The area inside the fenced area of the Site as shown on the Site Plan
attached to the SUP Ordinance approved by the City on March 9, 1993 in
Case No. S-1041(a) shall consist of crushed rock in lieu of a concrete
surface. The driveways shown on the Site Plan shall consist of crushed
rock in lieu of a concrete surface until Coppell Road is improved, at which
time the driveways shall consist of an approved concrete surface.
The Site may contain open ditch drainage until Coppell Road and Thweatt
Road are improved, at which time the open ditch drainage shall be removed
and underground drainage shall be provided.
4. This Agreement constitutes the sole and only agreement of the parties and
supersedes any prior understandings or written or oral agreements between the parties
respecting this subject matter.
5. The validity of this Agreement and any of its terms or provisions, as well as
the rights and duties of the parties, shall be governed by the laws of the State of Texas
and any venue for any action concerning this Agreement shall be in Dallas County, Texas.
6. This Agreement may be amended by the mutual agreement of the parties
to it, in a writing to be attached to and incorporated in this Agreement.
7. In the event any one or more of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any other provisions, and the
Agreement shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained in it.
8. Nothing in this Agreement shall be construed to give any person other than
the City and Brazos Electric any legal or equitable right, remedy or claim under this
Agreement; but it shall be held to be for the sole and exclusive benefit of the City and
Brazos Electric.
-2- AGGO]DEB
9. Any notice required or permitted to be delivered hereunder shall be deemed
received when sent by United States mail, postage prepaid, certified mail, return receipt
requested, addressed to City or Brazos Electric as the case may be at the address set
forth opposite the signature of the party.
WITNESS OUR HANDS this
day of ,1993.
BRAZOS ELECTRIC POWER COOPERATIVE, INC.
BY:
Richard E. McCaskill
Executive Vice President and
General Manager
A-I-I-EST:
CITY OF COPPELL, TEXAS
CITY SECRETARY
BY:
(Title)
APPROVED AS TO FORM:
BY:
CITY ATTORNEY
-3- AGG03DEB
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF
COPPELL, IS HERETOFORE AMENDED, SO AS TO GRANT A SPECIAL
USE PERMIT FOR AN ELECTRICAL SUBSTATION IN A LIGHT
INDUSTRIAl DISTRICT ON A 3.407 ACRE TRACT OF LAND AT THE
NORTHWEST CORNER OF THWEA3-r ROAD AND COPPELL ROAD,
CITY OF COPPELL, DALLAS COUNTY, TEXAS, BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT "2" ATTACHED HERETO AND
MADE A PART HEREOF FOR ALL PURPOSES; PROVIDING FOR THE
APPROVAL OF THE ATTACHED SITE PLAN AS SHOWN IN EXHIBIT"I";
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A
PENALTY FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Zoning Commission and governing body of the City of
Coppell, Texas, in.compliance with the laws of the State of Texas and the Ordinance of
the City of Coppell, have given requisite notice by publication and otherwise, and after
holding due hearings and affording a full and fair hearing to all property owners generally
and to all persons interested and situated in the affected area and in the vicinity thereof,
and in the exercise of legislative discretion have concluded that the Comprehensive
Zoning Ordinance and map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and map of the City of
Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas as
heretofore amended be, and the same are hereby amended so as to grant a special use
permit in a light industrial district for an electrical substation, on a 3.407 acre tract of land
AGG03084
ORDINANCE NO.
on the northwest corner of Thweatt Road and Coppell Road, City of Coppell, Dallas
County, Texas, and being more particularly described in Exhibit "2" attached hereto and
made a part hereof for all purposes.
SECTION 2. That the change in zoning
conditions, to wit:
(1)
(2)
(3)
(4)
(5)
is granted subject to the following
The special use permit shall be in accordance with the site plan marked
Exhibit "1" attached hereto and made a part hereof for all purposes.
Landscaping shall be at least comparable to the landscaping at the
Hackberry Substation in accordance with the attached site plan and subject
to approval by the Director of Planning. Upon the improvement of Coppell
Road and Thweatt Road, the landscaping shall conform to the City
Streetscape guidelines.
The area inside the fenced area as shown on the attached site plan shall
consist of crushed rock in lieu of concrete surface.
The driveways shown on the attached site plan shall consist of crushed
rock in lieu of concrete surface until Coppell Road is improved, at which
time the driveways shall consist of an approved concrete surface.
The property may contain open ditch drainage until Coppell Road and
Thweatt Road are improved, at which time the open ditch drainage shall be
removed and underground drainage shall be provided.
2 AGGO3DS~
ORDINANCE NO.
SECTION 3. That the above property shall be used only in the manner and for
the purpose provided for by the Comprehensive Zoning Ordinance, City of Coppell,
Texas, as heretofore amended, and as amended herein.
SECTION 4. That the site plan for the special use permit for an electrical
substation as shown in Exhibit "1" attached hereto and made a part hereof for all
purposes is approved.
SECTION 5. That should any word, phrase, paragraph, section or portion of this
ordinance or of the Code of Ordinances, as amended hereby, be held to be void or
unconstitutional, the same shall not affect the validity of the remaining portions of said
ordinance, which shall remain in full force and effect.
SECTION 6. An offense committed before the effective date of this Ordinance is
governed by the prior law in effect when the offense was committed and the former law
is continued in effect for this purpose.
SECTION 7. That all provisions of Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and
all other provisions not in conflict with the provisions of this ordinance shall remain in full
force and effect.
SECTION 8. That any person, firm or corporation violating any of the provisions
or terms of this ordinance shall be subject to the same penalty as provided for in the
Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and
upon conviction shall be punished by a fine not to exceed the sum of Two Thousand
3 AGG03D84
ORDINANCE NO.
($2,000.00) Dollars for each offense; and each and every day such violation shall continue
shall be deemed to constitute a separate offense.
SECTION 9. That this ordinance shall become effective from and after its passage
and the publication of the caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas on this
day of ,1993.
Mayor
AFI-EST:
City Secretary
APPROVED AS TO FORM:
P~ter G. Smit~ ,~/City A~orney
4
AGG03O~4
ORDINANCE NO.
ORDINANCE NO.
day of
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF
COPPELL, IS HERETOFORE AMENDED, SO AS TO GRANTA SPECIAL
USE PERMIT FOR AN ELECTRICAL SUBSTATION IN A LIGHT
INDUSTRIAl DISTRICT ON A 3.407 ACRE TRACT OF LAND AT THE
NORTHWEST CORNER OF THWEATr ROAD AND COPPELL ROAD,
CITY OF COPPELL, DALLAS COUNTY, TEXAS, BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT "2" ATTACHED HERETO AND
MADE A PART HEREOF FOR ALL PURPOSES; PROVIDING FOR THE
APPROVAL OF THE ATTACHED SITE PLAN AS SHOWN IN EXHIBIT "1";
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A
PENALTY FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
DULY PASSED by the City Council of the City of Coppell, Texas on this
, 1993.
Mayor
ATTEST:
City Secretary
5 AGGO3D84
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