Loading...
04-B Hutchison AppearanceAGENDA INFORMATION SHEET PROJECT: Request for pro rata participation on the extension of Pine Mill Road from 30th Street N. E. to Collegiate Drive. BACKGROUND: Mr. Brad Hutchison has presented a letter to the City of Paris requesting the City to participate pro rata in the cost of extending Pine Mill Road from 30th Street N. E. to Collegiate Drive. This circumstance is apparently one similar to a circumstance which City Council will recall involving Brownstone Development Corporation. At that time, the City was asked to participate in the pro rata cost of the sizing of the street in the Brownstone Development on the basis of prior communications and discussions between officials of Brownstone and former City Engineer Earl Smith. Following a review of the facts and information provided by Brownstone, City Council determined there had been a tacit understanding between the City and Brownstone for pro-rata assistance from the City. Mr. Hutchison is requesting similar assistance on behalf of his clients for this road extension, on much the same basis as the request by Brownstone. That is, there were apparently discussions between then City Engineer Earl Smith and one or more of Mr. Hutchison's clients regarding the City paying part of the cost of extending this road. By way of further background information, extending Pine Mill Road is shown on the City master plan, but would not be required to be sized as shown on the master plan simply to accommodate the traffic generated by the anticipated development. Pro-rata assistance for streets is authorized under Section VII (11) of the City Subdivision Regulations under the following circumstances: "Standard street width. The standard street width in which the subdivider shall be required to construct all street and drainage improvements shall be that of a collector street, i.e., thirty-nine (39) feet from back of curb to back of curb. All street paving over this width shall be subject to participating aid from the city as set forth in this ordinance." City Council will recall that following the consideration of the Brownstone Development matter, the subdivision regulations were amended to require a written request for pro rata assistance and a written approval by the City Engineer before pro rata assistance was appropriate. However, this matter apparently arose between the City and Mr. Hutchison's clients prior to the amendment of the subdivision regulations. DESCRIPTION: Consider action on the request for pro rata participation by the City in the cost of the extension of Pine Mill Road from 30th Street N. E. to Collegiate Drive. COST: The exact cost is at this point unknown, but presumably it would represent the additional cost of the developer building a street larger than a simple local street, which has a maximum paving width of twenty-eight feet (28'). LOCATION: Pine Mill Road will be extended from 30th Street N. E. to Collegiate Drive. RECOMMENDED ACTION: Provide direction to the City staff as to whether or not the City should participate in the pro rata cost of the extension of this street. STAFF CONTACT: Shawn Napier, City Engineer; Larry W. Schenk, City Attorney; and Michael E. Malone City Manager SCHEDtlLE: The developers are most anxious to proceed with their development, and need direction as to whether or not the City will participate in the pro rata cost of the street. CO[INCIL DATE: Consider at City Council's November 12, 2001, regular Council meeting. ADDITIONAL MATERIALS: See attached correspondence from attorney Brad Hutchison of the law firm of McLaughlin, Hutchison & Hunt. J. D MCLAUGhLIN BRAD HUTCH~SON THOMAS E. HUNT ]]~ MCLAUGHLIN, HUTCHISON & ATTORNEYS AT LAW 38 FIRST STREET NORTHWEST PARIS, TEXAS 75460 HUNT (903 FAX(903 October 22, 2001 Mr. La..,'ry W. Schemk City Attorney City of Paris City Hall Annex Pads, Texas 75460 RE: Extension of Pine Mill Road Dear Mr. Schenk: In September of 2000, H-W Investments, Ted L. McLemore and Earl Bellamy closed an exchange of lands whereby Ted McLemore became the owner of Lot 14-A of City Block :!59. As a part of that contract, those three parties agreed to pay certain costs incident to the constnction of the street and curb and gutter for the extension of Pine Mill Road from 31 st NE wes~ ward to Collegiate Drive. At the time it was their understanding that the City of Paris would pay 1/39ths of the total costs of the street, curb and gutter for said extension. Those parties are now ready to begin the extension of Pine Mill Road, but prior to.rtceiving bids they need a written commitment from the City that it will pay its 11/39ths of the tota~ cost of the extension. This letter represents their formal request for such a written commitment from the City of Paris. McLAUGHLIN, HUTCHISON & HUNT ATTORNEYS AT LAW 38 FIRST STREET NORTHWEST October 24, 2001 Mr. Larry W. Schenk City Attorney City of Paris City Hall Annex Paris, Texas 75460 RE: Extension of Pine Mill Road Dear Mr. Schenk: My letter of October 22, 2001, to you concerning the extension of Pine Mill R mistake. The extension is from 30th NE westward to Collegiate. I attach a copy of the I when writing my letter and you will see that it calls the street in question 31 st NE, but i 30th NE. Please adjust your response to my letter accordingly. ~ad has a ilat I used is in fact encl. ~v:' Tow~ No~h Estates Investments ~70' . ne MHI Rood ot ~ 1~C ~ lot ~ ~ SL ~ . fence 1= 200' pp power pole J.M. NeJsorl, RPL-~ of Tex=s. ~025 dot~ = = ~ ~ ~pp~ Iron pm 9~ ~ Me ~ P~ Te~ 7~0 EXHIBIT ~, ..