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CP 2003-04-22 NOTICE OF CITY COUNCIL MEETING AND AGENDA APRIL 22, 2003 CANDY SHEEHAN, DOUG STOVER, Place 5 Mayor Mayor Pro Tem TIM BRANCHEAU, Place 1 MARSHA TUNNELL, Place 4 JAYNE PETERS, Place 2 VACANT Place 6 DIANA RAINES, Place 3 BILL YORK, Place 7 JIM WITT, City Manager MEETING TIME AND PLACE: Call to Order 5:30 p.m. Council Chambers (Open to the Public) Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public) Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public) Regular Session 7:00 p.m. Council Chambers (Open to the Public) Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session on Tuesday, April 22, 2003, at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:00 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The City of Coppell reser ves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: ITEM # ITEM DESCRIPTION REGULAR SESSION (Open to the Public) 1. Call to order. ag042203 Page 1 of 5 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071(2), Texas Government Code - Consultation with City Attorney. 1. Update on Hester vs. City of Coppell. B. Section 551.072, Texas Government Code - Deliberation regarding Real Proper ty. 1. Discussion regarding the sale of city proper ty east of MacAr thur Boulevard and nor th of DeForest. WORK SESSION (Open to the Public) 3. Convene Work Session A. Review of Code Enforcement Program. B. Legislative Review. C. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Invocation. 5. Pledge of Allegiance. 6. Consider approval of a proclamation naming April 25, 2003 as ARBOR DAY, and authorizing the Mayor to sign. 7. Consider approval of a proclamation naming Wednesday, April 23, 2003 as National Secretary’s/Office Professional’s Day, and authorizing the Mayor to sign. 8. Consider approval of a proclamation naming April 27- May 3, 2003 as "Municipal Clerk’s Week," and authorizing the Mayor to sign. 9. Citizen's Appearances. CONSENT AGENDA 10. Consider approval of the following consent agenda items: A. Consider approval of minutes: April 8, 2003. ag042203 Page 2 of 5 ITEM # ITEM DESCRIPTION B. Consider approval of calling a Special Council Meeting on May 6, 2003 at 8:00 a.m. to canvass the results of the May 3, 2003 General and Special Elections. C. Consider approval of an ordinance amending Ar ticle 8-3 Parking, Section 8-3-1(A) of the Code of Ordinances for the City of Coppell to prohibit parking, stopping or standing at all times on both sides of Creekview Drive from its point of intersection with Freepor t Parkway westward to its point of intersection with Royal Lane; and authorizing the Mayor to sign. D. Consider approval of awarding Bid # Q 0303-02 for Cornice and Gutter Renovations at Town Center to Phoenix I Restoration and Construction, Ltd. in an amount of $80,592 as budgeted in Infrastructure Maintenance Funds; and authorizing the City Manager to sign. E. Consider approval of awarding Bid # Q 0802-02 for Traffic Signal UPS to ACM Highway Products Corporation in an amount of $54,530 as budgeted. Resolutions F. Consider approval of a resolution to temporarily allocate the voluntar y monthly utility donation to the Coppell Historical Society, a non-profit organization, to assist in the restoration of the Old Red Fire Truck; and authorizing the Mayor to sign. END OF CONSENT 11. PUBLIC HEARING: Consider approval of the designation of a reinvestment zone pursuant to Section 312.201 of the Proper ty Redevelopment and Tax Abatement Act. The proper ty to be considered for Reinvestment Zone designation is that proper ty owned by DACM Proper ties LP and Product Suppor t Ser vices, Inc., described as Freepor t Nor th Addition, Lot 2, Block 3 (5.66 acres) and located at the Southwest corner of Gateview Boulevard and Royal Lane, Coppell, Texas. 12. Consider approval of an Ordinance designating DACM Proper ties LP and Product Suppor t Services, Inc., Reinvestment Zone No. 42 and authorizing the Mayor to sign. ag042203 Page 3 of 5 ITEM # ITEM DESCRIPTION 13. Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and DACM Proper ties LP and Product Suppor t Ser vices, Inc.; and authorizing the Mayor to sign. 14. Consider approval of an Economic Development Incentive Agreement between the City of Coppell and Washington Mutual Bank, FA, and authorizing the Mayor to sign. 15. CONTINUATION OF PUBLIC HEARING: Consider approval of Case No. S-1204, Securlock Self Storage, zoning change request from LI and C (Light Industrial and Commercial) to LI/C-S- 1204 (Light Industrial/Commercial, Special Use Permit-1204), to allow the construction of a 49,380 square-foot mini-warehouse use, with a 1,900 square-foot caretakers quar ters and office, and 5,520-square feet of office/warehouse on 3.751 acres of proper ty located at the nor theast corner of S.H. 121 and Nor thpoint Drive. 16. Consider approval of a Professional Services Agreement with Schrickel Rollins and Associates for Design, Construction Documentation and Contract Administration related to the development of Practice Fields at Wagon Wheel Park, in an amount not to exceed $170,500.00, and authorizing the President of the Coppell Recreation Development Corporation and the City Manager to sign. 17. Consider approval of a resolution expressing satisfaction with the current central appraisal district system and dissatisfaction with House Bill 2120 of the 78th Texas Legislature, and authorizing the Mayor to sign. 18. Necessary action resulting from Work Session. 19. Mayor and Council Repor ts. A. Repor t by Mayor Sheehan regarding Shattered Dreams. B. Repor t by Mayor Sheehan regarding Congressman Pete Sessions' Town Hall Meeting. C. Repor t Councilmember Peters regarding the TML Legislative Update Rep o r t . 20. Necessary Action Resulting from Executive Session. Adjournment. ____________________________________ Candy Sheehan, Mayor ag042203 Page 4 of 5 CERTIFICATE I cer tify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this _________ day of _________________, 2003, at __________________. ____________________________________ Libby Ball, City Secretar y DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC DOCUMENTS, COUNCIL PACKETS. PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724 Carrying of a concealed handgun on these premises or at any official political meeting in the City of Coppell is illegal. Es ilegal llevar consigo un arma de fuego oculta, adentro de este edificio, o en cualquier junta oficial de politica en la ciudad de Coppell. ag042203 Page 5 of 5 KEY TO COUNCIL GOALS ICONS 2002-2003 Economic Development • Ensure Competitiveness in industrial/commercial growth • Emphasize strategically identified properties • Implement Old Town development strategy • Retain excellent commercial/industrial uses • Increase visibility of commercial/industrial development opportunities w/development community Quality Public Facilities & Infrastructure • Maintained with adequate funding • Environmentally sound and appealing landscaping • Anticipate and plan for future needs • User friendly Excellent City Services & High Citizen Satisfaction • Provide timely and accurate information • Rapid Response and resolution • Identify, implement and measure service levels Hometown Feeling • Well-informed citizenry • Participation on boards and commissions, task forces and committees • Foster a family atmosphere • Active citizen involvement as partners • Strong sense of civic pride and identity as Coppell, TX • Encourage inclusiveness Quality Development • Preserve property values • Attract and retain development tenants • Emphasize code enforcement • Maintain community master plan with consideration of impact on city services and infrastructure • Maintain visual appeal Outstanding Leisure & Recreation Amenities & Programs • Maintain quality and safe parks • Inclusive opportunities, activities and facilities • Collaboration w/community groups • Promote and facilitate community events Effective Transportation • Responsive to neighborhood and regional needs and demands • Safe neighborhood streets • Effective traffic movement throughout the community • Evaluate need for regional transportation and determine city's role Safe Community • Safe neighborhoods • Visible and responsive police presence • Public safety education programs • Emphasize and educate for emergency preparedness • Participate in regional security preparation • Provide safe environment for recreation/leisure activities • Partner in school safety DATE: April 22, 2003 ITEM #: ES-2 AGENDA REQUEST FORM EXECUTIVE SESSION A. Section 551.071(2), Texas Government Code - Consultation with City Attorney. 1. Update on Hester vs. City of Coppell. B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Discussion regarding the sale of city property east of MacArthur Boulevard and north of DeForest. CM REVIEW: Agenda Request Form - Revised 10/02 Document Name: %executivesession DATE: April 22, 2003 ITEM #: WS-3 AGENDA REQUEST FORM WORK SESSION A. Review of Code Enforcement Program B. Legislative Review. C. Discussion of Agenda Items. CM REVIEW: Agenda Request Form - Revised 10/02 Document Name: %worksession DEPT: Parks and Recreation DATE: April 22, 2003 ITEM #: 6 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a Proclamation naming April 25, 2003 as ARBOR DAY, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Arbor Day is observed in Coppell as part of our comprehensive plan for the Arbor Day Foundation’s Tree City USA designation. This will be the eighth year as a Tree City USA. The Arbor Day Celebration will be held on April 25, 2003, 2pm. at the Coppell Aquatics and Recreation Center. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: ^arbor day PROCLAMATION WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more that a million trees in Nebraska; and WHEREAS, 2003 is the 131st anniversary of the holiday and Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious top soil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal. NOW, THEREFORE, I, Candy Sheehan, Mayor of the City of Coppell, do hereby proclaim April 25, 2003 as "ARBOR DAY" in the City of Coppell, and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and further I urge all citizens to plant trees to gladden the heart and promote the well being of the future generations. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this ______day of April 2003. _______________________________ Candy Sheehan, Mayor ATTEST: ____________________________ Libby Ball, City Secretary DEPT: City Manager DATE: April 22, 2003 ITEM #: 7 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a proclamation naming Wednesday, April 23, 2003 as National Secretary’s/Office Professional’s Day, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: !Secy PROCLAMATION WHEREAS, Wednesday, April 23 is set aside to honor all Office Professionals in conjunction with National Professional Secretary's Day; and WHEREAS, the City of Coppell is proud of the dedication and hard work of their Secretaries and Office Professionals; and WHEREAS, our Secretaries and Office Professionals are primarily responsible for keeping our City running effectively and efficiently; and WHEREAS, the City of Coppell extends special thanks to all the Secretaries and Office Professionals in the organization. NOW, THEREFORE, I, Candy Sheehan, Mayor of the City of Coppell, do hereby proclaim Wednesday, April 23 as "NATIONAL SECRETARY'S/OFFICE PROFESSIONAL'S DAY" in the City of Coppell, and encourage all Directors and Supervisors to recognize these employees as the professionals they truly are. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this _____ day of April 2003. ____________________________ Candy Sheehan, Mayor ATTEST: ___________________________ Libby Ball, City Secretary DEPT: City Secretary DATE: April 22, 2003 ITEM #: 8 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a proclamation naming April 27- May 3, 2003 as "Municipal Clerk’s Week," and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: %municlerkproc PROCLAMATION WHEREAS, The Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; and WHEREAS, The Office of the Municipal Clerk is the oldest office among public servants; and WHEREAS, The Office of the Municipal Clerk provides the professional Link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal Service to all; and WHEREAS, The Municipal Clerk serves as the information center on functions of local government and community; and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations; and WHEREAS, It is most appropriate that we recognize the accomplishment of the Office of the Municipal Clerk. NOW, THEREFORE, I, Candy Sheehan, Mayor of the City of Coppell, do recognize the week of April 27-May 3, 2003, as "MUNICIPAL CLERKS' WEEK" And further extend appreciation to our Municipal Clerk, Libby Ball, and Deputy Municipal Clerk, Kathy Wilkerson, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. DATED this __________ day of April, 2003. ____________________________________ Candy Sheehan, Mayor ATTEST: ______________________________________ Libby Ball, City Secretary DATE: April 22, 2003 ITEM #: 9 AGENDA REQUEST FORM CITIZENS' APPEARANCES ORDINANCE NO. 2001-964 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting City Council Meetings," be, and the same is hereby, amended to read as follows: "ARTICLE 1-10 RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS ". . . 1-10-6.2.1 CITIZENS APPEARANCE Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12). Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork DEPT: City Secretary DATE: April 22, 2003 ITEM #: 10/A AGENDA REQUEST FORM ITEM CAPTION: Consider approval of minutes: April 8, 2003. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: %minutes CM040803 Page 1 of 7 MINUTES OF APRIL 8, 2003 The City Council of the City of Coppell met in Regular Called Session on Tuesday, April 8, 2003, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Candy Sheehan, Mayor Doug Stover, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Marsha Tunnell, Councilmember Bill York, Councilmember Councilmembers Raines and Herring were absent from the meeting. Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney David Dodd. REGULAR SESSION (Open to the Public) 1. Call to order. Mayor Sheehan called the meeting to order and adjourned into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071(1), Texas Government Code - Consultation with City Attorney. 1. Seek Legal Advice on Executive Session Procedures. B. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Discussion regarding the sale of city property east of MacArthur Boulevard and north of DeForest. Mayor Sheehan convened into Executive Session at 5:46 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 5:56 p.m. and opened the Work Session. CM040803 Page 2 of 7 WORK SESSION (Open to the Public) 3. Convene Work Session A. Presentation by Library Consultant Florence Mason. B. Legislative Issues Regarding Transportation. C. Update regarding 4th of July Celebration. D. Discuss appointment to Regional Rail Corridor Study Policy Committee. E. Discussion of Agenda Items. B. Mayor Sheehan discussed two transportation bills -- one to place tolls on existing roadways and the other would take one cent sales tax off slowly on cities who have 4A and 4B corporations. C. Brad Reid, Director of Parks and Recreation, stated they had received $5,000 in donations. He stated $29,000 is needed which includes the $10,000 to Lewisville. City Manager Jim Witt recommended giving Lewisville a token amount to lock them in for one year. Consensus of Council was to offer Lewisville $5,000. D. It was decided that Jayne Peters would serve on the Regional Rail Corridor Study Policy Committee. E. Mayor Sheehan advised that Item 10 would be opened and continued to the April 22nd meeting. A. Florence Mason, Library Consultant, made a presentation to the Council and asked for input from Council on various issues. REGULAR SESSION (Open to the Public) 4. Invocation. Bob Turk, Pastor of the First United Methodist Church, led those present in the invocation. 5. Pledge of Allegiance. Mayor Sheehan led those present in the Pledge of Allegiance. CM040803 Page 3 of 7 Mayor Sheehan announced that Item 10 would be continued to April 22, 2003. Mayor Sheehan read a resignation letter received from Councilmember Herring wherein he resigned his Place 6 position effective immediately. 6. Consider approval of a proclamation naming Friday, April 11, 2003 as LARIETTE DRILL TEAM APPRECIATION DAY, and authorizing the Mayor to sign. Presentation: Mayor Sheehan read the Proclamation for the record and presented the same to the Lariettes in attendance. The Lariettes introduced themselves. Action: Councilmember Peters moved to approve a proclamation naming Friday, April 11, 2003 as LARIETTE DRILL TEAM APPRECIATION DAY, and authorizing the Mayor to sign Councilmember Tunnell seconded the motion; the motion carried 5-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Tunnell, and York voting in favor of the motion. 7. Citizen's Appearances. There was no one signed up to speak under this item. CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: March 25, 2003. B. Consider approval of extending Bid/Contract #Q-0101-03 for the FY 2002/03 Sidewalk Replacement Program to Quantum Contracting, Inc. in an amount not to exceed $95,000 as budgeted. CM040803 Page 4 of 7 Land Use and Development C. Consider approval of an Ordinance for Case No. S-1006R2, Anna’s Mexican Restaurant, zoning change from C-S- 1006A (Commercial-Special Use Permit 1006A) to C-S- 1006R2 (Commercial, Special Use Permit-1006-Revision- 2), to allow the operation of a private club within an existing 2,750 square-foot restaurant located at 150 S. Denton Tap Road, Suite 105, and authorizing the Mayor to sign. D. Consider approval of an Ordinance for Case No. S-1206, Kolache Depot Bakery, zoning change from HC (Highway Commercial) to HC-S-1206 (Highway Commercial, Special Use Permit-1206), to allow the operation of a 1,200 square-foot bakery at 680 N. Denton Tap Road, located at the southeast corner of N. Denton Tap Road and S.H. 121, and authorizing the Mayor to sign. E. Consider approval of an Ordinance for Case No. S-1207, Potter Concrete, zoning change from PD-186R5-LI (Planned Development District 186R5-Light Industrial) to PD-186R5-LI-S-1207 ((Planned Development District 186R5-Light Industrial, Special Use Permit-1207), to allow the operation of a temporary concrete batch plant, for a period not to exceed 180 days, on 0.92 of an acre of property located along Freeport Parkway, approximately 325 feet south of the intersection of Ruby Road, and authorizing the Mayor to sign. Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B, C carrying Ordinance No. 91500-A-347, D carrying Ordinance No. 91500-A-348 and E carrying Ordinance No. 91500-A-349. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Tunnell, and York voting in favor of the motion. CM040803 Page 5 of 7 9. A. Consider acceptance of resignation of Norman M. Kressmann from the Board of Adjustment and Conduct Review; and B. Consider appointment of David Terry from Alternate to Regular Member on the Board of Adjustment to fill the position vacated by Norman M. Kressmann expiring October 2003. Action: Councilmember Tunnell moved to approve: A. Accepting the resignation of Norman M. Kressmann from the Board of Adjustment and Conduct Review Board; and B. Appointing David Terry from Alternate to Regular Member on the Board of Adjustment to fill the position vacated by Norman M. Kressmann expiring October 2003. Councilmember York seconded the motion; the motion carried 5-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Tunnell, and York voting in favor of the motion. 10. PUBLIC HEARING: Consider approval of Case No. S-1204, Securlock Self Storage, zoning change request from LI and C (Light Industrial and Commercial) to LI/C-S-1204 (Light Industrial/Commercial, Special Use Permit-1204), to allow the construction of a 49,380 square-foot mini-warehouse use, with a 1,900 square-foot caretakers quarters and office, and 5,520-square feet of office/warehouse on 3.751 acres of property located at the northeast corner of S.H. 121 and Northpoint Drive. Action: Councilmember Tunnell moved to open the Public Hearing and continue this case to the April 22, 2003 Council meeting. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Tunnell, and York voting in favor of the motion. CM040803 Page 6 of 7 11. Necessary action resulting from Work Session. There was no action necessary under this item. 12. Mayor and Council Reports. A. Report by Mayor Sheehan regarding Austin trip for Partners on Mobility. B. Report by Mayor Sheehan regarding meeting with Leadership Dallas. C. Report by Councilmember Tunnell regarding Clean Coppell Earthweek. D. Report by Councilmember Peters regarding Dallas Regional Mobility Coalition. E. Report by Mayor Pro Tem Stover regarding upcoming Municipal Election. A. Mayor Sheehan discussed the two transportation bills that are before the legislature and the upcoming construction of State Highway 121. B. Mayor Sheehan reported she was invited to the Leadership Dallas class to present the City's concerns and issues regarding transportation. C. Councilmember Tunnell thanked Amanda Vanhoozier, Community Project Coordinator, for a successful Earth Day celebration. She reported that almost 20 tons was trash was picked up including 6.6 tons of recycling material. D. Councilmember Peters advised that the Dallas Regional Mobility Coalition met on April 4th. She stated the meeting had been long and touched on some of the issues discussed. E. Mayor Pro Tem Stover urged the news media to emphasize to the voters the importance of voting and the dates for early voting. 13. Necessary Action Resulting from Executive Session. There was no action necessary under this item. CM040803 Page 7 of 7 There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Candy Sheehan, Mayor ATTEST: ______________________________________ Libby Ball, City Secretary DEPT: City Secretary DATE: April 22, 2003 ITEM #: 10/B AGENDA REQUEST FORM ITEM CAPTION: Consider approval of calling a Special Council Meeting on May 6, 2003 at 8:00 a.m. to canvass the results of the May 3, 2003 General and Special Elections. GOAL(S): EXECUTIVE SUMMARY: The canvass must occur between the third and sixth day after the election. The first regular Council Meeting in May will be outside the prescribed parameters. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: %specialmeeting-1AgendaRequest DEPT: Engineering/Public Works DATE: April 22, 2003 ITEM #: 10/C AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an ordinance amending Article 8-3 Parking, Section 8-3-1(A) of the Code of Ordinances for the City of Coppell to prohibit parking, stopping or standing at all times on both sides of Creekview Drive from its point of intersection with Freeport Parkway westward to its point of intersection with Royal Lane; and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Approval of this ordinance will prohibit parking of vehicles on both sides of Creekview Drive from Freeport Parkway westward to Royal Lane. Staff recommends approval of the “no parking” ordinance and will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: #creekviewnoparking-1AR "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Kenneth M. Griffin, P.E., Director of Engineering/Public Works Date: April 22, 2003 RE: Consider approval of an ordinance amending Article 8-3 Parking, Section 8-3- 1(A) of the Code of Ordinances for the City of Coppell to prohibit parking, stopping or standing at all times on both sides of Creekview Drive from its point of intersection with Freeport Parkway westward to its point of intersection with Royal Lane; and authorizing the Mayor to sign. In 2002 the City of Coppell completed the construction of Creekview Drive from Royal lane to Freeport Parkway on the southern edge of Wagon Wheel Park. This roadway was necessary to facilitate access to some of the commercial properties in the area and to facilitate access to the southern side of Wagon Wheel Park where the tennis facility is now being constructed. However, since completion of construction it has come to my attention that patrons of the park, in lieu of using the provided on-site parking spaces, are utilizing Creekview Drive to access the fields on the southern end of Wagon Wheel Park. The entrance to Wagon Wheel Park is off of State Road with centrally located parking facilities. The problem with parking along State Road is one of a safety concern. Cars parking on the road obstruct visibility to people walking between vehicles and to drivers of on-coming vehicles. It is my opinion that both sides of Creekview Drive should be posted as “no parking” at this time. This recommendation is based on safety concerns and the fact that on-site parking facilities have been provided for patrons of the park. Also, the posting of “no parking” along this section of Creekview Drive, generally in a non residential district, is consistent with other streets of a similar nature such as Airline Drive, Gateway Blvd., Fritz Dr., Royal Lane, etc. Staff recommends approval of the “no parking” ordinance to prohibit parking along both sides of Creekview Drive at all times from Freeport Parkway westward to Royal Lane. Staff will be available to answer any questions at the Council meeting. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 8- 3-1(A) OF THE CODE OF ORDINANCES; MAKING IT UNLAWFUL TO PARK A VEHICLE ON BOTH SIDES OF CREEKVIEW DRIVE AT ALL TIMES FROM ITS POINT OF INTERSECTION WITH FREEPORT PARKWAY WESTWARD TO ITS POINT OF INTERSECTION WITH ROYAL LANE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That Section 8-3-1A of Chapter 8 of the Code of Ordinances be, and the same is hereby, amended to provide for no parking zones at all times on Creekview Drive, to read as follows: “Sec. 8-3-1 NO PARKING ON SPECIFIC STREETS & IN CERTAIN SCHOOL ZONES/SCHOOL AREAS A.NO PARKING ON SPECIFIC STREETS It shall be unlawful for any person to stop, stand or park a vehicle at any time in violation of any official sign, curb marking, or street marking that prohibits, regulates, or restricts the stopping, standing or parking of a vehicle at the times designated for the following streets: . . . . CREEKVIEW DRIVE on both sides, at all times, from its point of intersection with Freeport Parkway westward to its point of intersection with Royal Lane. . . . .” 2 SECTION 2.The traffic engineer shall erect official signs, curb markings, or street markings giving notice that parking, stopping or standing of vehicles is prohibited at the locations designated herein. SECTION 3.That all provisions of the Code 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 4. That should any word, phrase, paragraph, section or phrase of this ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6.That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be subjected to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense; and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 7.That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. 3 DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2003. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY DEPT: Engineering/Public Works DATE: April 22, 2003 ITEM #: 10/D AGENDA REQUEST FORM ITEM CAPTION: Consider approval of awarding Bid # Q 0303-02 for Cornice and Gutter Renovations at Town Center to Phoenix I Restoration and Construction, Ltd. in an amount of $80,592 as budgeted in Infrastructure Maintenance Funds; and authorizing the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: Our consultant on this project Exterior Consulting Innovations, Inc. (ECI) prepared the design specifications for the City. Three bids were received and opened on April 8, 2003. ECI reviewed the bids with staff and recommends awarding the bid to Phoenix I Restoration and Construction, Ltd. in an amount of $80,592. Staff will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: This project has been budgeted in the Infrastructure Maintenance Fund. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: #towncenterant1AR April 10, 2003 TO: Mayor & Council FROM: Sheri Moino, Facilities Manager RE: Cornice and Gutter Renovations at Town Center (Bid Q-0303-02) This is an Infrastructure Maintenance Fund (IMF) project for exterior repairs and painting of the cornice at Town Center. Original IMF projections included repairs to the rotten word cornice and then painting. However after further inspection and reviews with Exterior Consulting Innovations, Inc. (ECI), it was determined that the entire cornice system needed to be replaced and a gutter system installed to prevent future water damage to this structure. ECI prepared the design specifications for the City of Coppell and recommended Fiber Reinforced Acrylic Resin (FRP) panels with a stone finish to be used, replacing the existing rotten wood. This material is designed to last a life-time without maintenance. The stone finish will match the existing architect features of Town Center. Bids opened on April 8, 2003. Three bids were received. ECI reviewed the bids with staff and has provided their recommendation for award. The low bidder actually manufacturers the Fiber Reinforced Panels which resulted in the bid amount difference as well as the time of completion. Staff recommends award of Bid Q-0303-02 for cornice and gutter renovations to Phoenix I Restoration and Construction, Ltd. in the amount of $80,592.00. Cornice and Gutter RenovationsBid Q-0303-02Bid TabulationApril 8, 2003 – 2:00 p.m.RTC Water Proofing andRestoration, Inc.Phoenix I Restorationand Construction, Ltd.Phillips/MayCorporationBase Bid$144,350 $78,627 $97,333Completion Time60 150 98 DEPT: Engineering/Public Works DATE: April 22, 2003 ITEM #: 10/E AGENDA REQUEST FORM ITEM CAPTION: Consider approval of awarding Bid # Q 0802-02 for Traffic Signal UPS to ACM Highway Products Corporation in an amount of $54,530 as budgeted. GOAL(S): EXECUTIVE SUMMARY: Approval of this request will allow the purchase of 14 battery backups, which will complete the battery backups at all of the signalized intersection in Coppell. Staff recommends approval to purchase the battery backups at a cost of $54,530 and will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Funds have been budgeted in the Traffic Control Department, Other Equipment. (01-03-43-5060) DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: #TrafficsignalUPS-1AR "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Kenneth M. Griffin, P.E., Director of Engineering/Public Works Date: April 22, 2003 RE: Consider approval of awarding Bid #Q0802-02 for Traffic Signal UPS to ACM Highway Products Corporation in an amount of $54,530 as budgeted. In the FY01/02 Budget, money was allocated in the Traffic Division budget for the purchase of battery backups for approximately one-half of the signal lights within the City of Coppell. Bids were received and opened on September 10, 2002 for the Traffic Signal Battery Backup Systems. Eight bids were received, however; the three lowest bids did not meet specifications. The lowest bid that met specifications was from ACM Highway Products Corporation in the amount of $3,895 per each intersection. Using the battery backups in conjunction with the LED’s currently being placed in all the traffic signals within Coppell will provide for approximately 10-hours of traffic signal operations in the event that power is lost. In the FY02/03 Budget, additional money was allocated to purchase the remainder of the battery backups. The original bid in September 2002 allowed for a one-year guarantee on the prices. The original purchase was for less than $50,000 and did not take City Council authorization, however; for the remainder of the traffic lights the total purchase will be $54, 530, which will require City Council approval. This will complete the battery backups at all traffic signals within the City of Coppell. Staff recommends approval to purchase 14 additional battery backups at a cost of $54,530 and will be available to answer any questions at the Council meeting. Traffic Signal UPSBid Q-0802-02Bid TabulationSeptember 10, 2002BIDDERBASE BID ALT #1 ALT #2US TRAFFICCORPORATION$4,954.67JT PACKARD$7,218.75CONSOLIDATED TRAFFICCONTROL$5,125.00COMPUTEC TRAFFICSYSTEMS$5,388.20PARADIGM TRAFFICSYSTEMS$3,548.70 $2,583.20 $2,405.40HI-TECH SIGNALS$2,672.40 $6,763.00CONTROLTECHNOLOGIES$3,800.00ACM HIGHWAYPRODUCTS CORP.$3,895.00 CITY OF COPPELL PUBLIC WORKS DEPARTMENT MEMORANDUM FROM THE DEPARTMENT OF PUBLIC WORKS To: Ken Griffin, P.E., Director of Engineering/Public Works From: Glenn D. Hollowell, P.E., Asst. Dir. of Public Works Date: April 10, 2003 RE: Traffic Signal UPS Bids Ken: On September 10, 2002, we received bids for traffic signal battery backup systems. The successful bidder was ACM Highway Products @ $3,895.00 per unit. At that time, we only purchased ten units. Since the total was under $50,000.00, this purchase did not have to have City Council approval. On October 1, 2002, we received additional funding to purchase more battery backups. We will be purchasing 14 units at this time. After this purchase, we will have enough battery backups for all of the signalized intersections in Coppell. This purchase will total $54,530.00 and will require council approval. I have discussed this purchase with Jerod Anderson and Jim Ragsdill. It is their opinion that since the original purchase was competitively bid, we do not have to competitively bid this second purchase. The prices quoted in the original bid are good for a year. If you have any further questions or need any clarifications, do not hesitate to call. DEPT: City Management DATE: April 22, 2003 ITEM #: 10/F AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a resolution to temporarily allocate the voluntary monthly utility donation to the Coppell Historical Society, a non-profit organization, to assist in the restoration of the Old Red Fire Truck, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: This resolution will provide the City Council with the authority to designate the voluntary monthly utility bill donation to the Coppell Historical Society. This authorization would designate the Coppell Historical Society as the recipient of the voluntary utility bill donation for the months of May and June of 2003, unless the customer specifically requests their utility donation to continue going to support the Library, Parks, Fire and/or Economic Development programs. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: $HistoricalSociety-1AgendaRequest 1 55242 A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, ESTABLISHING A HISTORICAL FUND FOR PRIVATE CONTRIBUTIONS OF VOLUNTARY SPECIAL FUND DONATION OF TWO DOLLARS ($2.00) FOR THE MONTHS OF MAY AND JUNE OF 2003 TO ASSIST THE COPPELL HISTORICAL SOCIETY IN THE RESTORATION OF THE OLD RED FIRE TRUCK; PROVIDING FOR ESTABLISHMENT OF A SPECIAL ACCOUNT FOR PRIVATE DONATIONS WITH A LOCAL FINANCIAL INSTITUTION FOR THE DEPOSIT OF SAID FUNDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Coppell Historical Society has a desire to restore an old fire truck and said funds are not readily available; and, WHEREAS, the City of Coppell desires to assist the Coppell Historical Society in raising the funds necessary to restore said fire truck; and, WHEREAS, the City of Coppell currently has adopted a two dollar ($2.00) voluntary donation for like situations within the City; and, WHEREAS, the City Council desires to permit its citizens to reallocate such voluntary donations received from the water bill to a fund to assist the Coppell Historical Society in the restoration of the fire truck; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That the City Council desires to establish an account for citizens desiring to make a donation and to authorize the staff to establish a fund at a local financial institution for the purpose of assisting the Coppell Historical Society raise funds for the restoration of the fire truck. SECTION 2.That the two dollar ($2.00) monthly donation currently on the water bill shall be allocated to such fund for the months of May and June, except that customer requests such donation remain with the current fund; and, such funds be placed in the aforementioned account for assisting the Coppell Historical Society in its restoration efforts. 2 55242 SECTION 3.That this Resolution shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2003. APPROVED: _________________________________________ CANDY SHEEHAN, MAYOR ATTEST: _________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 4/14/03) DEPT: Planning and Economic Development DATE: April 22, 2003 ITEM #: 11 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: Consider approval of the designation of a reinvestment zone pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is that property owned by DACM Properties LP and Product Support Services, Inc., described as Freeport North Addition, Lot 2, Block 3 (5.66 acres) and located at the Southwest corner of Gateview Boulevard and Royal Lane, Coppell, Texas. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: $1DACMHearing- 1AgendaRequest.doc NOTICE OF PUBLIC HEARING OF DESIGNATION OF REINVESTMENT ZONE A PUBLIC HEARING will be conducted by the City Council of the City of Coppell, Texas, in the Council Chambers, Town Center, 255 Parkway Boulevard, Coppell, Texas on the 22nd day of April, 2003, at 6:30 P.M., to consider designation of the property described as Lot 2, Block 3, a replat of Freeport North Addition (5.66 acres), located at the southwest corner of Gateview Boulevard and Royal Lane, Coppell, Texas, DACM Properties LP and Product Support Services, Inc., as a Reinvestment Zone under Chapter 312 of the Texas Property Tax Code. The Council will seek to determine whether the improvements sought to be made in the zone are feasible and practical and will be a benefit to the land included in the zone and to the City after the expiration of a tax abatement agreement to be entered into pursuant to Section 312.204 of the Texas Property Tax Code. At the hearing, interested persons are entitled to speak and present evidence for or against the designation. Citizens Advocate April 11, 2003 DEPT: Planning and Economic Development DATE: April 22, 2003 ITEM #: 12 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance designating DACM Properties LP and Product Support Services, Inc., Reinvestment Zone No. 42 and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: $2DACMOrdinance- 1AgendaRequest 1 53477 ORDINANCE NO. _________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DESIGNATING REINVESTMENT ZONE NO. 42 (DACM PROPERTIES LP/PRODUCT SUPPORT SERVICES, INC.); PROVIDING ELIGIBILITY OF THE ZONE FOR COMMERCIAL-INDUSTRIAL TAX ABATEMENT; CONTAINING FINDINGS THAT THE AREA QUALIFIES TO BE DESIGNATED AS A REINVESTMENT ZONE AND THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICABLE AND OF BENEFIT TO THE LAND AND THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell, Texas, has caused notice to be published in a newspaper having general circulation in the City and has delivered such notice to the presiding officer of the governing body of each taxing unit that includes in its boundaries real property described herein; and WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing on the designation of the area described herein as a reinvestment zone; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, DALLAS COUNTY, TEXAS THAT: SECTION 1:That the City Council of the City of Coppell, Texas finds that the area described herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the retention or expansion of primary employment, or to attract major investment in the zone that will be of benefit to the property and contribute to the economic development of the City. The City Council further finds that the improvements sought are feasible and practicable and would be of benefit to the land to be included in the zone and to the City after the expiration of a tax abatement agreement. SECTION 2.That pursuant to the provisions of Section 312.201 of the Texas Tax Code, the property described in Exhibit “A” attached hereto and made a part hereof for all purposes is hereby designated as a reinvestment zone and for identification is assigned the name “Reinvestment Zone No. 42 (DACM Properties LP/Product Support Services, Inc.).” 2 53477 SECTION 3.That the property within Reinvestment Zone No. 42 is eligible for commercial-industrial tax abatement effective on January 1, 2003. SECTION 4.If any article, paragraph or subdivision, clause or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 5.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 6.This ordinance shall take effect immediately from and after its passage, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, on the ______ day of ___________________, 2003. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ PETER G. SMITH, CITY ATTORNEY (PGS/si 4/9/03) DEPT: Planning and Economic Development DATE: April 22, 2003 ITEM #: 13 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and DACM Properties LP and Product Support Services, Inc., and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: City Council is scheduled to conduct a Public Hearing regarding the designation of the reinvestment zone on April 22, 2003. The Coppell Economic Development Committee unanimously recommended approval of this abatement agreement request on January 8, 2003. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: $3DACMResolution- 1AgendaRequest 1 53476 RESOLUTION NO. ________________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND AMONG THE CITY OF COPPELL, TEXAS, DACM PROPERTIES LP AND PRODUCT SUPPORT SERVICES, INC.; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by and among the City of Coppell, Texas, DACM Properties LP and Product Support Services, Inc., a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City of Coppell, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1.The Agreement attached hereto having been reviewed by the City Council of the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to execute the Agreement on behalf of the City of Coppell, Texas. SECTION 2.The City Council finds that the improvements proposed to be built upon the Premises described in the Agreement will enhance the economic vitality of the community through a combination of new capital investment, increased sales tax revenues, and the creation of additional job opportunities. SECTION 3.The tax abatement to be granted by the Agreement will not include inventory, and supplies. SECTION 4.The improvements proposed for the Premises will accomplish the tax abatement guidelines of the City of Coppell, Texas. 2 53476 SECTION 5.The City Manager delivered to the presiding officer of the governing body of each taxing unit in which the property subject to the Agreement is located, a written notice that the City of Coppell, Texas, intends to enter into the Agreement. The notice given by the City Manager included a copy of the Agreement approved by this Resolution. SECTION 6.This Resolution and the Tax Abatement Agreement are hereby approved by the affirmative vote of the majority of the members of the City Council of the City of Coppell, Texas, at a regularly scheduled meeting of the City Council. SECTION 7.This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the ______ day of ________________, 2003. CITY OF COPPELL, TEXAS ___________________________________________ CANDY SHEEHAN, MAYOR ATTEST: ___________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ____________________________________ PETER G. SMITH, CITY ATTORNEY (PGS/si 04/09/03) PRODUCT SUPPORT SERVICES TAX ABATEMENT AGREEMENT – PAGE 1 54170 STATE OF TEXAS § § TAX ABATEMENT AGREEMENT COUNTY OF DALLAS § This Tax Abatement Agreement (the “Agreement”) is entered into by and among the City of Coppell, Texas (the “City”), DACM Properties LP (“Owner”) and Product Support Services, Inc. (“Lessee”), acting by and through their authorized representatives. W I T N E S S E T H: WHEREAS, the City Council of the City of Coppell, Texas, (the “City”), passed an Ordinance (the “Ordinance”) establishing Tax Abatement Reinvestment Zone No. 42 (the “Zone”), for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the “Tax Code”); and WHEREAS, the City has adopted guidelines for tax abatement (the “Tax Abatement Guidelines”); and WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria governing tax abatement agreements to be entered into by the City as contemplated by the Tax Code; and WHEREAS, the City has adopted a resolution stating that it elects to be eligible to participate in tax abatement; and WHEREAS, in order to maintain and enhance the commercial and industrial economic and employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax Code; and WHEREAS, Owner owns or is under contract to purchase the real property described in Exhibit “A” attached hereto (“Land”) and intends to construct certain Improvements (hereinafter defined) on the Land; and WHEREAS, Lessee is an affiliate of the Owner and intends to lease the Improvements and relocate its existing operations located in Grapevine, Texas to the Improvements; and WHEREAS, Owner’s and Lessee’s development efforts described herein will create permanent new jobs in the City; and WHEREAS, the City Council finds that the contemplated use of the Premises (hereinafter defined), the contemplated Improvements thereto in the amount set forth in this Agreement, and the other terms hereof are consistent with encouraging development of the Zone in accordance with the purposes for its creation and/or in compliance with the Tax Abatement Guidelines, the Ordinance adopted by the City, the Tax Code and all other applicable laws; and PRODUCT SUPPORT SERVICES TAX ABATEMENT AGREEMENT – PAGE 2 54170 WHEREAS, the City Council finds that the Improvements sought are feasible and practicable and would be of benefit to the Premises to be included in the Zone and to the City after expiration of this Agreement; and WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the Premises is located; and WHEREAS, the City desires to enter into an agreement with Owner and the Lessee for the abatement of taxes pursuant to Chapter 312 of the Tax Code as amended; NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for good and other valuable consideration, the adequacy and receipt of which is hereby acknowledged, including the expansion of primary employment, the attraction of major investment in the Zone, which contributes to the economic development of Coppell and the enhancement of the tax base in the City, the parties agree as follows: GENERAL PROVISIONS 1. Owner, is the owner of, or under contract, to purchase the Land, which Land is located within the city limits of the City and within the Zone. Owner intends to construct the Improvements on the Land and to lease the same to Lessee who intends to locate Tangible Personal Property (hereinafter defined) on the Premises. 2. The Premises are not in an improvement project financed by tax increment bonds. 3. This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. 4. The Premises are not owned or leased by any member of the Coppell City Council or any member of the Coppell Planning and Zoning Commission, or any member of the governing body of any taxing units joining in or adopting this Agreement. TAX ABATEMENT AUTHORIZED 5. This Agreement is authorized by the Tax Code and in accordance with the City Tax Abatement Guidelines, and approved by resolution of the City Council. 6. Subject to the terms and conditions of this Agreement, and provided the combined Taxable Value (hereinafter defined) for the Tangible Personal Property and the Improvements, excluding the Land, is at least Three Million Dollars ($3,000,000) as of January 1 of the First Year of Abatement (hereinafter defined) and as of January 1 of each year thereafter that this Agreement is in effect, the City hereby grants Owner an abatement of fifty percent (50%) of the Taxable Value of the Improvements and grants Lessee an abatement of fifty percent (50%) of the Taxable Value of the Tangible Personal Property for a period of five (5) consecutive years. The actual percentage of Taxable Value of the Improvements subject to abatement for each year this PRODUCT SUPPORT SERVICES TAX ABATEMENT AGREEMENT – PAGE 3 54170 Agreement is in effect will apply only to the portion of the Taxable Value of the Improvements that exceeds the Base Year Taxable Value. The actual percentage of Taxable Value of the Tangible Personal Property subject to abatement will only apply to the Tangible Personal Property located on the Premises after this Agreement is executed. 7. The period of tax abatement herein authorized shall be for a period of five (5) years. 8. During the period of tax abatement herein authorized, Owner and Lessee shall be subject to all taxation not abated, including but not limited to, sales tax and ad valorem taxation on land, inventory and supplies. DEFINITIONS 9. Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: A “Base Year Taxable Value” shall mean the Taxable Value for the Land for the year in which the Tax Abatement Agreement is executed (2003). B. “Event of Bankruptcy or Insolvency” shall mean the dissolution or termination of a party’s existence as a going business, insolvency, appointment of receiver for any part of a party’s property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against such party, and such proceeding is not dismissed within ninety (90) days after the filing thereof. C. “First Year of Abatement” shall mean January 1 of the calendar year immediately following the date of issuance of the final Certificate of Occupancy for theLessee ’s occupancy of the Improvements, unless otherwise agreed by the parties. D. “Force Majeure” shall mean any contingency or cause beyond the reasonable control of a party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, adverse weather, government or de facto governmental action (unless caused by acts or omissions of such party), fires, explosions or floods, strikes, slowdowns or work stoppages. E. “Improvements” shall mean the contemplated improvements to be constructed on the Land and as further described herein, and any additions, expansions or additional improvements constructed on the Land during the term of this Agreement. F. “Premises” shall collectively mean the Land and Improvements but excluding Tangible Personal Property. G. “Taxable Value” means the appraised value as certified by the Appraisal District as of January 1 of a given year. PRODUCT SUPPORT SERVICES TAX ABATEMENT AGREEMENT – PAGE 4 54170 H. “Land” means the real property described in Exhibit A attached hereto and incorporated herein for all purposes. I. “Tangible Personal Property” shall mean tangible personal property, equipment and fixtures owned by or leased by Lessee, other than inventory or supplies, located on the Premises subsequent to the execution of this Agreement. IMPROVEMENTS 10. Owner owns, or is under contract to purchase, the Land and intends to construct or caused to be constructed thereon a office/warehouse building containing initially 70,000 square feet of space (and other ancillary facilities such as reasonably required parking and landscaping more fully described in the submittals filed by Owner with the City from time to time in order to obtain a building permit) (“Improvements”). Lessee intends to locate Tangible Personal Property on the Premises. Nothing in this Agreement shall obligate Owner to construct the Improvements on the Land or for Lessee to locate Tangible Personal Property on the Premises but said actions are a condition precedent to tax abatement pursuant to this Agreement. CONSTRUCTION OF IMPROVEMENTS 11. As a condition precedent to the initiation of Owner’s tax abatement pursuant to this Agreement, Owner will diligently and faithfully, in good and workmanlike manner, pursue the completion of the contemplated Improvements on or before December 31, 2004, as good and valuable consideration for this Agreement, and all construction of the Improvements will be in accordance with all applicable state and local laws, codes, and regulations, (or valid waiver thereof); provided, that Owner shall have such additional time to complete and maintain the Improvements as may be required in the event of “Force Majeure,” if Owner is diligently and faithfully pursuing completion of the Improvements. 12. Owner agrees to maintain the Improvements during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations. Owner agrees that the Improvements shall be used only as a office/warehouse building for a period of five (5) years commencing on the date the final certificate of occupancy is issued for the Lessee’s occupancy of the Improvements. 13. The City, its agents and employees shall have the right of access to the Premises during construction to inspect the Improvements at reasonable times and with reasonable notice to Owner, and in accordance with Owner’s visitor access and security policies, in order to insure that the construction of the Improvements are in accordance with this Agreement and all applicable state and local laws and regulations (or valid waiver thereof). PRODUCT SUPPORT SERVICES TAX ABATEMENT AGREEMENT – PAGE 5 54170 GENERAL REQUIREMENTS 14. Construction plans for the Improvements constructed on the Land will be filed with the City, which shall be deemed to be incorporated by reference herein and made a part hereof for all purposes. 15. After completion of the Improvements, Owner shall certify in writing to the City the construction cost of the Improvements. Owner and Lessee shall before May 1 of each calendar year that the Agreement is in effect, certify in writing to the City that such party is in compliance with each term of the Agreement. 16. The Land and the Improvements constructed thereon at all times shall be used in the manner (i) that is consistent with the City’s Comprehensive Zoning Ordinance, as amended, and (ii) that, during the period taxes are abated hereunder, is consistent with the general purposes of encouraging development or redevelopment within the Zone. 17. Lessee agrees, subject to events of Force Majeure or (“Casualty”), to continuously occupy at least 70,000 square feet of space in the Improvements for a period of at least five (5) consecutive years beginning the First Year of Abatement. DEFAULT: RECAPTURE OF TAX REVENUE 18. In the event : (i) Owner fails to complete the Improvements in accordance with this Agreement or in accordance with applicable State or local laws, codes or regulations; (ii) Owner and/or Lessee has delinquent ad valorem or sales taxes owed to the City (provided such party retains its right to timely and properly protest such taxes or assessment); (iii) Owner and /or Lessee has an “Event of Bankruptcy or Insolvency”; or (iv) Owner and/or Lessee breaches any of the terms and conditions of this Agreement, then such party (“Defaulting Party”) after the expiration of the notice and cure periods described below, shall be in default of this Agreement. As liquidated damages in the event of such default, the Defaulting Party shall, within thirty (30) days after demand, pay to the City all taxes which otherwise would have been paid by the such party to the City without benefit of a tax abatement for the such party’s property the subject of this Agreement, with interest at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code as amended but without penalty. The parties acknowledge that actual damages in the event of default termination would be speculative and difficult to determine. The parties further agree that any abated tax, including interest as a result of this Agreement, shall be recoverable against the Defaulting Party , its successors and assigns and shall constitute a tax lien against the Defaulting Party’s property, the subject of this Agreement, and shall become due, owing and shall be paid to the City within thirty (30) days after termination. 19. Upon breach by Owner and/or Lessee of any obligations under this Agreement, the City shall notify the Defaulting Party in writing, who shall have thirty (30) days from receipt of the notice in which to cure any such default. The non-defaulting party shall have the right but not the obligation to cure such default. If the default cannot reasonably be cured within a thirty (30) day period, and the Defaulting Party has diligently pursued such remedies as shall be reasonably PRODUCT SUPPORT SERVICES TAX ABATEMENT AGREEMENT – PAGE 6 54170 necessary to cure such default, then the City may extend the period in which the default must be cured. 20. If the Owner and/or Lessee fails to cure the default within the time provided as specified above or, as such time period may be extended, then the City at its sole option shall have the right to terminate this Agreement, by written notice to the such party. 21. Upon termination of this Agreement by City, all tax abated as a result of this Agreement, shall become a debt to the City as liquidated damages, and shall become due and payable not later than thirty (30) days after a notice of termination is made. The City shall have all remedies for the collection of the abated tax provided generally in the Tax Code for the collection of delinquent property tax. The City at its sole discretion has the option to provide a repayment schedule. The computation of the abated tax for the purposes of the Agreement shall be based upon the full Taxable Value of the Improvements and/or the Tangible Personal Property, as the case may be, without tax abatement for the years in which tax abatement hereunder was received by the Defaulting Party, as determined by the Appraisal District, multiplied by the tax rate of the years in question, as calculated by the City Tax Assessor-Collector. The liquidated damages shall incur penalties as provided for delinquent taxes and shall commence to accrue after expiration of the thirty (30) day payment period. ANNUAL APPLICATION FOR TAX EXEMPTION 22. It shall be the responsibility of the Owner pursuant to the Tax Code, to file an annual exemption application form with the Chief Appraiser for each Appraisal District in which the eligible taxable property has situs. A copy of the exemption application shall be submitted to the City upon request. NOTICE 23. All notices required by this Agreement shall be addressed to the following, or other such other party or address as either party designates in writing, by certified mail, postage prepaid, or by hand or overnight delivery: If intended for Owner, to: DACM Properties LP 5410 Kingston Drive Richardson, Texas 75082 With copy to: CAI Holdings, Inc. 5410 Kingston Drive Richardson, Texas 75082 If intended for Lessee, to: PRODUCT SUPPORT SERVICES TAX ABATEMENT AGREEMENT – PAGE 7 54170 Robert M. Cook President/CEO Product Support Services, Inc. 4051 State Highway 121, Suite 200 Grapevine, Texas 76051 With copy to: Brad D’ Amico Kessler & Collins 5950 Sherry Lane Suite 222 Dallas, Texas 75225 If intended for City, to: Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 With copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 CITY COUNCIL AUTHORIZATION 24. This Agreement was authorized by resolution of the City Council approved by its Council meeting authorizing the Mayor to execute this Agreement on behalf of the City. SEVERABILITY 25. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. PRODUCT SUPPORT SERVICES TAX ABATEMENT AGREEMENT – PAGE 8 54170 APPLICABLE LAW 26. This Agreement shall be construed under the laws of the State of Texas. Venue for any action under this Agreement shall be the State District Court of Dallas County, Texas. This Agreement is performable in Dallas County, Texas. COUNTERPARTS 27. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. ENTIRE AGREEMENT 28. This Agreement embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties and relating to the matters in this Agreement, and except as otherwise provided herein cannot be modified without written agreement of the parties to be attached to and made a part of this Agreement. CONVENANTS RUNNING WITH THE PREMISES 29. The provisions of this Agreement are hereby declared covenants running with the Premises and are fully binding on all successors, heirs, and assigns of Owner who acquire any right, title, or interest in or to the Premises, or any part thereof. Any person who acquires any right, title, or interest in or to the Premises, or any part hereof, thereby agrees and covenants to abide by and fully perform the provisions of this Agreement with respect to the right, title or interest in such Premises. RECORDATION OF AGREEMENT 30. A certified copy of this Agreement shall be recorded in the Deed Records of Dallas County, Texas. INCORPORATION OF RECITALS 31. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. EXHIBITS 32. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. CHAMBER OF COMMERCE 33. During the term of this Agreement Lessee shall continuously maintain membership in the Coppell Chamber of Commerce. PRODUCT SUPPORT SERVICES TAX ABATEMENT AGREEMENT – PAGE 9 54170 EXECUTED in duplicate originals this the ____ day of ________, 2003. CITY OF COPPELL, TEXAS By: ______________________________________ CANDY SHEEHAN, MAYOR ATTEST: By: _______________________________________ LIBBY BALL, CITY SECRETARY AGREED AS TO FORM: By: _____________________________________ PETER G. SMITH, CITY ATTORNEY EXECUTED in duplicate originals this the ____ day of ________, 2003. PRODUCT SUPPORT SERVICES, INC. By: ___________________________________ ROBERT M. COOK PRESIDENT/CEO, TEXAS EXECUTED in duplicate originals this the ___ day of ______, 2003. DACM PROPERTIES LP By: DACM Properties GP LLC, its General Partner By: _________________________________ ROBERT M. COOK SOLE MANAGER AND MEMBER PRODUCT SUPPORT SERVICES TAX ABATEMENT AGREEMENT – PAGE 10 54170 CITY’S ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of _______________, 2003, by Candy Sheehan, Mayor of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. ___________________________________ Notary Public, State of Texas My Commission Expires:_________________________ LESSEES’S ACKNOWLEDGMENT STATE OF _______________ § § COUNTY OF _____________ § This instrument was acknowledged before me on the _______ day of ___________, 2003, by Robert M. Cook being President/CEO of Product Support Services, Inc., on behalf of said Corporation. ___________________________________ Notary Public, State of ________________ My Commission Expires:_________________________ OWNER’S ACKNOWLEDGMENT STATE OF _______________ § § COUNTY OF _____________ § This instrument was acknowledged before me on the _______ day of ___________, 2003, by DACM Properties LP by DACM Properties GP LLC, its General Partner by Robert M. Cook , the Sole Manager and Member. ___________________________________ Notary Public, State of ________________ My Commission Expires:_________________________ PRODUCT SUPPORT SERVICES TAX ABATEMENT AGREEMENT – PAGE 11 54170 EXHIBIT “A” LEGAL DESCRIPTION OF PROPERTY PRODUCT SUPPORT SERVICES TAX ABATEMENT AGREEMENT – PAGE 12 54170 EXHIBIT “A” LEGAL DESCRIPTION OF PROPERTY DEPT: Planning and Economic Development DATE: April 22, 2003 ITEM #: 14 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Economic Development Incentive Agreement between the City of Coppell and Washington Mutual Bank, FA, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: This proposed agreement will provide Washington Mutual Bank with a local sales tax rebate for tenant improvement and start-up costs for a six month period, and the waiver of building permit fees associated with the tenant improvements. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: $WashingtonMutual- 1AgendaRequest ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT - Page 1 50516 STATE OF TEXAS § § ECONOMIC DEVELOPMENT INCENTIVE § AGREEMENT COUNTY OF DALLAS § This Economic Development Incentive Agreement (“Agreement”) is made by and between the City of Coppell, Texas (the “City”), and Washington Mutual Bank, FA (“Company”), acting by and through their respective authorized officers. WITNESSETH: WHEREAS, Company intends to lease and occupy at least 50,000 square feet space in certain improvements (hereinafter defined as the “Improvements”) on real property located in Coppell, Texas and being more particularly described in Exhibit “A” (the “Land”). WHEREAS, the Company has advised the City that a contributing factor that would induce the Company to relocate its existing operations to the Improvements would be an agreement by the City to provide an economic development grant to the Company to defray a portion of the cost of such relocation; and WHEREAS, the City has adopted programs for promoting economic development; and WHEREAS, the City is authorized by TEX. LOC. GOV’T CODE §380.001 to provide economic development grants to promote local economic development and to stimulate business and commercial activity in the City; and WHEREAS, the City has determined that making an economic development grant to the Company in accordance with this Agreement will further the objectives of the City, will benefit the City and the City’s inhabitants and will promote local economic development and stimulate business and commercial activity in the City; NOW THEREFORE, in consideration of the foregoing, and on the terms and conditions hereinafter set forth, the parties agree as follows: ARTICLE I TERM 1. This Agreement shall be effective on the last date of execution hereof (“Effective Date”) and shall continue for a period of five (5) years following the date a final certificate of occupancy is issued for Company’s occupancy of the Improvements unless sooner terminated as provided herein. ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT - Page 2 50516 ARTICLE II DEFINITIONS 2. Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: (a) “Grant” shall mean the grant based upon Sales Tax Receipts to be paid the Company from lawful available funds. (b) “City” shall mean the City of Coppell, Texas. (c) “Company” shall mean Washington Mutual Bank, FA. (d) “Grant Period” shall mean six (6) calendar months beginning June 9, 2002. (e) “State of Texas” shall mean the office of the Texas Comptroller, or its successor. (f) “Event of Bankruptcy or Insolvency” shall mean the dissolution or termination of a party’s existence as a going business, insolvency, appointment of receiver for any part of such party’s property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against such party and such proceeding is not dismissed within ninety (90) days after the filing thereof. (g) “Force Majeure” shall mean any contingency or cause beyond the reasonable control of a party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, government or de facto governmental action (unless caused by the intentionally wrongful acts or omissions of the party), fires, explosions or floods, strikes, slowdowns or work stoppages. (h) “Improvements” shall mean approximately 50,000 square feet of space in an office and warehouse facility located at 555 Dividend Drive, Coppell, Texas also known as Gateway Corporate Center. (i) “Impositions” shall mean all taxes, assessments, use and occupancy taxes, charges, excises, license and permit fees, and other charges by public or governmental authority, general and special, ordinary and extraordinary, foreseen and unforeseen, which are or may be assessed, charged, levied, or imposed by any public or governmental authority on the Company or any property or any business owned by Company within the City. ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT - Page 3 50516 (j) “Sales Tax Receipts” shall mean the City’s receipts from the State of Texas from the collection of the City’s one percent (1%) sales and use tax imposed by the City pursuant to Chapter 321 of the Texas Tax Code (it being expressly understood that the City’s sales and use tax receipts are being used only as a measurement for its participation through the use of general funds), attributed to the collection of the City’s one percent (1%) sales and use tax as a result of the sale to and purchase by Company of Taxable Items consisting of tenant finish out materials in the Improvements, and for equipment, furniture and fixtures for use in the Improvements that are Consummated in the City during the Grant Period. Sales Tax Receipts do not include any sales and use tax imposed by City for the benefit of the Coppell Recreation Development Corporation, pursuant to Section 4B of the Development Corporation Act of 1979, article 5190.6, Vernon’s Revised Civil Statutes, or sales and use tax imposed by the City for the benefit of Coppell Education Development Corporation pursuant to Chapter 379 A of the TEX. LOC. GOV’T CODE. (k) “Sales Tax Certificate” shall mean a certificate or other statement in a form reasonably acceptable to the City setting forth the City’s one percent (1%) sales and use tax imposed by the City and received by the City from the State of Texas for the sale of Taxable Items to and purchase by Company consisting of tenant finish out materials in the Improvements, and for equipment, furniture and fixtures for use in the Improvements that are Consummated in the City during the Grant Period for which Company has paid such sales and use tax, together with such supporting documentation required herein, and as the City may reasonably request. (l) “Taxable Items” shall have the same meaning assigned by Chapter 151, TEX. TAX CODE, as amended. (m) “Property” shall collectively mean the Land and the Improvements. (n) “Required Use” shall mean the continuous lease and occupancy of approximately 50,000 square feet of space in the Improvements, and the Company’s continuous operation of Washington Mutual’s National Operations Center that will process and collect payments, perform asset management and provide related commercial loan services in connection with a portfolio of commercial mortgage loans owned by the Company and serviced for others. (o) “Consummated in the City” shall have the same meaning assigned by Tax Code, Section 321.203. ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT - Page 4 50516 ARTICLE III ECONOMIC DEVELOPMENT GRANT 3.1 Grant. Subject to the Company’s Required Use and continued satisfaction of all the terms and conditions of this Agreement, the City agrees to provide Company with one economic development grant (the “Grant”) from lawfully available funds. The Grant shall be in an amount equal to one hundred percent (100%) of the Sales Tax Receipts. 3.2 Payment Date. The Grant shall be paid within ninety (90) days after the City’s receipt of the Sales Tax Certificate from the Company. 3.3 Current Revenue. The Grant made hereunder shall be paid solely from lawfully available funds that have been appropriated by the City. Under no circumstances shall City’s obligations hereunder be deemed to create any debt within the meaning of any constitutional or statutory provision. Consequently, notwithstanding any other provision of this Agreement, the City shall have no obligation or liability to pay the Grant unless City appropriates funds to make such payment during the budget year in which the Grant is payable. Further, City shall not be obligated to pay any commercial bank, lender or similar institution for any loan or credit agreement made by the Company. None of the City’s obligations under this Agreement shall be pledged or otherwise encumbered in favor of any commercial lender and/or similar financial institution. 3.4 Grant Limitation. Under no circumstances shall City be obligated to pay the Grant unless there is available Sales Tax Receipts. City shall not be required to provide the Grant unless City has received the Sales Tax Receipts from the State of Texas attributed to sales and use tax paid by Company the purchase of Taxable Items consisting of tenant finish out materials for the Improvements, and for equipment, furniture and fixtures for use in the Improvements that are Consummated in the City during the Grant Period. ARTICLE IV CONDITIONS TO THE GRANT Company shall during the term of this Agreement strictly comply and satisfy each of the following conditions. 4.1 Improvements. The Company agrees to lease and occupy approximately 50,000 square feet of space in the Improvements beginning on or before December 31, 2002. 4.2 Sales Tax Certificate. The Company shall within thirty (30) days following the Effective Date, provide the City with a Sales Tax Certificate. The City shall have no duty to calculate the Sales Tax Receipts or determine the amount of the Grant or Company’s entitlement to the Grant, or pay the Grant until such time as Company has provided the City the Sales Tax Certificate. The City may but is not required to provide Company with a form for the Sales Tax Certificate required herein. At the request of the City, the Company shall provide such additional documentation as may be reasonably requested by City to evidence, support and ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT - Page 5 50516 establish the Sales Tax Receipts. The Sales Tax Certificate shall at a minimum contain, include or be accompanied by the following: a. A schedule detailing the amount of the City’s one percent (1%) sales and use tax collected and paid to the State of Texas as a result of the sale to and purchase by Company of Taxable Items consisting of tenant finish out materials for the Improvements, and consisting of equipment, furniture and fixtures for use in the Improvements that are Consummated during the Grant Period; b. A copy of all sales and use tax returns and reports, sales and use tax prepayment returns, direct payment permits and reports, including amended sales and use tax returns or reports, filed by a company, business, or other legal entity (the “Company’s Vendor”) showing the City’s one percent (1%) sales and use tax paid (including sales and use tax paid directly to the State of Texas pursuant to a direct payment certificate) by the Company’s Vendor for the sale to and purchase by Company of Taxable Items consisting of tenant finish out materials for the Improvements, and consisting of equipment, furniture and fixtures for use in the Improvements that are Consummated in City during the Grant Period; c. A copy of all direct payment and self-assessment returns, including amended returns, filed by the Company’s Vendor showing the City’s one percent (1%) sales and use tax collected by the Company’s Vendor and paid for the sale to and purchase by Company of Taxable Items consisting of tenant finish out materials for the Improvements, and consisting of equipment, furniture and fixtures for use in the Improvements that are Consummated in the City during the Grant Period; d. Information concerning any refund or credit received by Company of the City’s one percent (1%) sales or use taxes paid by Company (including any sales and use tax paid directly to the State of Texas pursuant to a direct payment permit) which has been previously reported by Company as sales and use tax paid or collected during the Grant Period; e. A schedule detailing the total of sales tax paid by Company for the purchase of Taxable Items consisting of tenant finish out materials for the Improvements, and consisting of equipment, furniture and fixtures for use in the Improvements, that are Consummated in the City during the Grant Period. City agrees to the extent allowed by law to maintain the confidentiality of the Sales Tax Certificate. 4.03 During the term of this Agreement following the issuance of a final certificate of occupancy for Company’s occupancy of the Improvements and continuing thereafter until termination of this Agreement to continuously lease (or own), and occupy approximately 50,000 square feet of space in the Improvements and that the Company shall not use the Improvements for any purpose other than the Required Use and that the Company shall not allow the operation of its ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT - Page 6 50516 lease and occupancy of the Improvements in conformance with the Required Use to cease for more than thirty (30) days except in connection with, and to the extent of an Event of Force Majeure. 4.04 Company shall not have an uncured breach or default of this Agreement. 4.05 As a condition precedent to the payment of the Grant hereunder, City shall have received the Sales Tax Certificate for the Grant Period. 4.06 Refunds. In the event the State of Texas determines that the City erroneously received Sales Tax Receipts, or that the amount of Sales and Use Tax paid to the City exceeds the correct amount of Sales and Use Tax applicable to the Grant, the Company shall, within thirty (30) days after receipt of notification thereof from the City specifying the amount by which such Grant exceeded the amount to which the Company was entitled pursuant to such State of Texas determination, pay such amount to the City. As a condition precedent to payment of such refund, the City shall provide Company with a copy of such determination by the State of Texas. The provisions of this Section 4.06 shall survive termination of this Agreement. 4.07 Adjustments. In the event the Company’s Vendor files an amended sales and use tax return, or report with the State of Texas, or if additional Sales and Use Tax is due and owing, as determined or approved by the State of Texas, affecting Sales Tax Receipts for the Grant, the City shall pay any such under payment of the Grant, provided the City has received Sales Tax Receipts attributed to such adjustment. As a condition precedent to payment of such adjustment, the Company shall provide the City with a copy of any such Company’s Vendor amended sales and use tax report or return, and the approval thereof by the State of Texas. The provisions of this Section 4.07 shall survive termination of this Agreement. ARTICLE V TERMINATION 5.1 This Agreement shall terminate upon any one of the following: (a) by written agreement of the parties; (b) expiration of the Term; (c) by either party in the event the other party breaches any of the terms or conditions of this Agreement and such breach is not cured within thirty (30) days after written notice thereof; (d) by City, if Company suffers an Event of Bankruptcy or Insolvency; and (e) by City, if any Impositions owed to the City or the State of Texas by Company shall become delinquent (provided, however the Company retains the right to timely and properly protest and contest any such Impositions); 5.2 Refund of the Grant. In the event the Agreement is terminated pursuant to Section 5.1(c), (d), or (e), the Company shall immediately refund to the City an amount equal to the sum of the Grant paid by the City to the Company under this Agreement prior to the date of such termination. ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT - Page 7 50516 ARTICLE VI ADDITIONAL INCENTIVES 6.1 Waiver of Building Permit Fees. Subject to the Company’s Required Use and continued satisfaction of the terms and conditions of this Agreement, the City shall provide to the Company, or Company’s contractor designated in writing by Company, a waiver of the building permit fees associated with tenant improvements constructed for Company in the Improvements (“Fee Waiver”). 6.2 Future Expansion. (A): The City agrees, by separate agreement to be executed by the parties, to provide the Company a Grant under the same terms and conditions set forth herein for the Company’s contemplated future expansion in the City consisting of the lease and occupancy of at least an additional 25,000 square feet of office space in newly constructed improvements on the Land, or on land adjacent to the Improvements (the “Expansion”) provided: (i) a final certificate of occupancy is issued for the Company’s occupancy of the Expansion on or before October 1, 2006; and (ii) Company is not otherwise in default of that certain tax abatement agreement of even date herewith or this Agreement. (B): If Company relocates and constructs and occupies a new facility in the City on or before October 1, 2006,the City agrees, by separate agreement to be executed by the parties, to provide a grant equal to one hundred percent (100%) of the City’s receipts from the State of Texas from the City’s collection of the City’s one percent (1%) sales and use tax imposed by the City pursuant to Chapter 321 of the Texas Tax Code (it being expressly understood that the City’s sales and use tax are being used only as a measurement for its participation through the use of the general funds), attributed to the sale to and purchase by Company of Taxable Items consisting of construction materials and tenant finish out materials for such new facility that are Consummated in the City for a period of nine (9) calendar months beginning the date which is eight (8) calendar months immediately preceding the date a temporary certificate of occupancy is issued for the Company’s occupancy of the new facility and ending on the date that is one (1) calendar month after the date of issuance of such temporary certificate of occupancy. (C): If Company expands its operations in the City by October 1, 2006 by at least an additional 25,000 square feet of space in newly constructed improvements on the Land, or on land adjacent to the Improvements (the “Expansion”), the City shall cooperate in good faith with the Company, and the owner of the land on which such Expansion is located, to assume the annual Coppell Gateway Public Improvement District assessment levied against the land on which such Expansion is located (the “PID Assessment”) provided the Company is liable for such PID Assessment. ARTICLE VII MISCELLANEOUS 7.1 Binding Agreement. The terms and conditions of this Agreement are binding upon the successors and assigns of the parties hereto. This Agreement may not be assigned without the express written consent of the City Manager, except that this Agreement may be assigned upon ten (10) days prior notice to City by Company to any related corporation or other legal entity which controls Company, is controlled by Company, or successor entity into which or with which Company is merged or consolidated or which acquires substantially all of Owner’s assets in property, provided that such successor entity of Company assumes the obligations of ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT - Page 8 50516 the Company. For purposes of this Section “control’s shall mean ownership of not less than fifty percent (50%) of all voting stock or legal and equitable interest in such corporation or entity. After any permitted assignment, all references to Company herein shall thereafter be a reference to Company’s successor with respect to any obligations or liabilities occurring or arising after the date of such assignment. 7.2 Limitation on Liability. It is understood and agreed between the parties that the Company, in satisfying the conditions of this Agreement, acted independently, and the City assumes no responsibilities or liabilities to third parties in connection with these actions. The Company agrees to indemnify and hold harmless the City from all such claims, suits, and causes of actions, liabilities and expenses, including reasonable attorney’s fees, of any nature whatsoever by a third party arising out of the Company’s performance of the conditions under this Agreement. 7.3 No Joint Venture. It is acknowledged and agreed by the parties that the terms hereof are not intended to and shall not be deemed to create a partnership or joint venture among the parties. 7.4 Authorization. Each party represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement. 7.5 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address set forth below or on the day actually received if sent by courier or otherwise hand delivered. If intended for City, to: Attn: City Manager City of Coppell, Texas 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 With a copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 North Akard Dallas, Texas 75201 ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT - Page 9 50516 If intended for the Company: Attn: Corporate Property Services Manager Washington Mutual Bank, FA 1111 Third Avenue Suite 2900 Seattle, Washington 98101 7.6 Entire Agreement. This Agreement is the entire Agreement between the parties with respect to the subject matter covered in this Agreement. There is no other collateral oral or written Agreement between the parties that in any manner relates to the subject matter of this Agreement, except as provided in any Exhibits attached hereto. 7.7 Governing Law. The Agreement shall be governed by the laws of the State of Texas; and venue for any action concerning this Agreement shall be in the State District Court of Dallas County, Texas. 7.8 Amendment. This Agreement may only be amended by the mutual written agreement of the parties. 7.9 Legal Construction. 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 other provisions, and it is the intention of the parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 7.10 Recitals. The recitals to this Agreement are incorporated herein. 7.11 Counterparts. This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument. 7.12 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 7.13 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the termination of this Agreement shall survive termination. ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT - Page 10 50516 EXECUTED on this _______ day of _____________________, 2003. CITY OF COPPELL, TEXAS By: CANDY SHEEHAN, MAYOR ATTEST: By: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: By: PETER G. SMITH (Ed. 1/13/03) EXECUTED this the _________ day of ______________________, 2003. WASHINGTON MUTUAL BANK, FA By: _______________________________________ Name: _____________________________________ Title: ______________________________________ ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT - Page 11 50516 CITY’S ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of _______________, 2003, by Candy Sheehan, Mayor of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. ___________________________________ Notary Public, State of Texas My Commission Expires: _________________________ ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT - Page 12 50516 COMPANY’S ACKNOWLEDGMENT STATE OF _______________ § § COUNTY OF _____________ § This instrument was acknowledged before me on the _______ day of ___________, 2003, by ________________, ___________________ of Washington Mutual Bank, FA, on behalf of said corporation. Notary Public, State of ___________ My Commission expires: DRAFT December 6, 2002 ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT - Page 13 50516 EXHIBIT “A” LEGAL DESCRIPTION OF LAND DEPT: Planning & Economic Development DATE: April 22, 2003 ITEM #: 15 AGENDA REQUEST FORM ITEM CAPTION: CONTINUATION OF PUBLIC HEARING: Consider approval of Case No. S-1204, Securlock Self Storage, zoning change request from LI and C (Light Industrial and Commercial) to LI/C-S-1204 (Light Industrial/Commercial, Special Use Permit-1204), to allow the construction of a 49,380 square-foot mini-warehouse use, with a 1,900 square-foot caretakers quarters and office, and 5,520-square feet of office/warehouse on 3.751 acres of property located at the northeast corner of S.H. 121 and Northpoint Drive. GOAL(S): D EXECUTIVE SUMMARY: Date of P&Z Meeting: February 20, 2003 Decision of P&Z Commission: Denial (4-2) with Commissioners McCaffrey, Kittrell, McGahey and Halsey voting in favor of denial. Commissioners Dragon and Foreman opposed. Attached is the letter of appeal dated March 4, 2003, from Andrew Smith of Houghton Capital. Reasons for denial: ! The project’s nonconformance with the requirements outlined in the Zoning Ordinance for special use permit approval. ! The Coppell Comprehensive Plan does not support the proposed use. ! The project’s visible location along a State Highway. ! The proposed awkward and unconventional layout of the site. ! Failure to adequately address screening/landscaping as illustrated in the Comprehensive Plan. Staff recommends denial. NOTES: Given the Commission’s recommendation for denial, a ¾ vote of Council is needed to approve this Special Use Permit. On April 8th, this Public Hearing was opened and continued to April 22nd because of the absence of two Council members. IR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: @S-1204 SSS 1-AR Item # 4 Page 1 of 1 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: S-1204, Securlock Self Storage Summary of Revisions for February 20, 2003 Planning and Zoning Commission Meeting On December 19, 2002, the subject request was heard before the Planning & Zoning Commission. At that time, it was decided by the Planning Commission to leave the public hearing open and hold the case under advisement until February 20, 2003. A letter explaining the Planning Commission’s decision was mailed to the applicant on December 23, 2002, indicating staff’s concerns and the Commission’s desire to see the entire property developed as flex/tech office because of its limited access. The applicant’s current submittal is a duplicate of the original submission, with the exception of the landscape plan, which now provides some additional trees along S.H. 121. Previously, staff expressed concern regarding the landscape plan’s non-conformance with the Comprehensive Plan, which recommends a strong landscaped edge consisting of evergreen shrubs and dense stands of street trees along S.H. 121. In response to these concerns, the applicant has since revised the landscape plan to add a total of six Austrian Pines, placed two side-by-side, in three different locations along the S.H. 121 frontage. It is staff’s interpretation that the addition of six trees does not satisfy this recommendation and would again recommend that a more defined landscape edge be provided along S.H. 121. Based on the lack of revisions to the submittal, addressing the Commission and staff’s concerns, the original recommendation of denial still stands. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends denial of the Special Use Permit based on: ƒ The project’s nonconformance with the requirements outlined in the Zoning Ordinance for special use permit approval. ƒ The Coppell Comprehensive Plan does not support the proposed use. ƒ The project’s visible location along a State Highway. ƒ The proposed awkward and unconventional layout of the site. ƒ Failure to adequately address screening/ landscaping as illustrated in the Comprehensive Plan NOTE: ATTACHED IS THE COMPLETE STAFF REPORT ON THIS REQUEST Item # 4 Page 1 of 5 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: S-1204, Securlock Self Storage P & Z HEARING DATE: December 19, 2002 (Held open to the February 20, 2003, P&Z meeting) C.C. HEARING DATE: March 11, 2003 STAFF REP.: Andrea Roy, Economic Development Coordinator LOCATION: Northeast corner of S.H. 121 and Northpoint Drive. SIZE OF AREA: 3.751 acres of property. CURRENT ZONING: LI and C (Light Industrial and Commercial) REQUEST: Special Use Permit-1204 to allow construction of a 49,380 square- foot mini-warehouse, with a 1,900 square-foot caretakers quarters, and 5, 520-square feet of speculative office. APPLICANT: Developer: Architect: Houghton Capital Corporation Kaufman Design Group Andrew Smith Sally Kaufman 4316 Main Street, Suite 300 12371 E. Lincoln Court The Colony, TX 75056 Wichita, KS 67207 Phone: (972) 370-1416 Phone: (316) 618-0448 Fax: (972) 370-1427 Fax: (316) 618-0048 Engineer: Dowdey, Anderson & Assoc. Mardy Brown 5225 Village Creek Drive, Suite 200 Plano, TX 75093 Phone: (972-931-0694 Fax: (972) 931-9538 Item # 4 Page 2 of 5 HISTORY: There is no history on the subject site. TRANSPORTATION: Adjacent to the subject property, Northpoint Drive is a C4U four-lane undivided thoroughfare within 90’ of right-of-way. To the east, Northpoint Drive turns into a C4D four-lane divided thoroughfare within 80’ of right-of-way. SURROUNDING LAND USE & ZONING: North- vacant; C (Commercial) & LI (Light Industrial) South -vacant; LI (Light Industrial) & Fellowship Church East - office/warehouse; vacant; LI (Light Industrial) & C (Commercial) West - S.H. 121, City of Grapevine COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for light industrial/showroom uses. DISCUSSION: The applicant is requesting special use permit approval to allow the development of a 49,380 square-foot mini-storage facility, a 1,900 square- foot manager’s office and residence (caretaker’s quarters), and 5,520- square feet of speculative office on an awkward shaped approximate 3.75 acres of property located at the northeast corner of S.H. 121 & Northpoint Drive. Being situated as it is, a 2.05-acre portion has been carved out at the immediate corner to allow for a potential future restaurant pad site. However, the restaurant site is not part of the subject application, and no proposed time frame or user has been committed to at this time. The property contains “split zoning”, where the southern portion of the site is located within the Light Industrial zoning district and the northern portion of the site is located within the Commercial zoning district. The applicant has designed the site accordingly, proposing to locate the 9 one- story storage buildings within the Light Industrial area and the manager’s office/residence and speculative office space within the Commercial area. The mini-storage facility is designed to be constructed primarily of a red brick, with a mixture of gray brick and cast stone. The forest green roof will be standing seam metal. The applicant has proposed to provide a total of 56 parking spaces, with 26 spaces serving the storage units and 30 spaces designated to serve the speculative offices and the manager’s office/apartment. As required, three loading spaces have been provided throughout the site. Security gates are proposed to be placed at both the west and south entrance/exits. Item # 4 Page 3 of 5 A monument sign constructed of red brick with white plastic lettering will be placed along S.H. 121. Attached signs constructed of white channel letters will also face Northpoint Drive and S.H. 121. Staff is concerned with the placement of the website address (www.securlock.com) within the sign on the manager’s office/apartment fronting S.H. 121. It is staff’s interpretation of the Zoning Ordinance, that the intention is to identify the business with the name and logo, not direct advertisements. Staff has recommended that the web address be removed from the sign. Site Analysis There are numerous staff concerns surrounding the proposed development: the project’s nonconformance with the Zoning Ordinance requirements for special use permit approval, nonconformance with the Comprehensive Plan, the visibility of the this site from State Highway 121, the awkward shape of the property, and the probability of setting a precedent for future developments in the area. According to Section 12-30-1 (Special Uses) of the Coppell Zoning Ordinance, certain criteria must be met in order to approve a special use permit request. The Zoning Ordinance indicates that the (proposed) use must be in general conformance with the Comprehensive Plan and contain such requirements and safe guards as are necessary to protect adjoining property/ies. Additionally, Section 12-30-2 (Special Use Permit Regulations) states that the Planning and Zoning Commission must be able to determine that the subject use is harmonious and adaptable to building structures and uses of abutting property/ies and other property/ies in the vicinity of the property under consideration. The proposed project does not meet these minimum approval requirements, as elaborated below. Because much of the property in this area is undeveloped, staff must rely upon the possible impact on future development and guidance of the Comprehensive Plan when determining compatibility. The current development is the first to be constructed immediately adjacent to S.H. 121 and will set the tone for all future projects in this area, setting a precedent that is inconsistent with the Comprehensive Plan and would adversely affect other desired S.H 121 frontage developments. The Comprehensive Plan supports “Light Industrial/Showroom” uses in this area and specifically promotes such uses as research and development parks, showrooms, and technology centers. To date, high quality, active business parks have been consistently developed in conformance with the Comprehensive Plan, and staff recommends the continuation of this pattern. While the Comprehensive Plan has appropriately designated the majority of the property within this area as “Light Industrial/Showroom”, a Item # 4 Page 4 of 5 small area along S.H. 121 further north is designated for “Regional Retail” uses, due to its access and visibility to S.H. 121. Staff envisions that regional retail uses could extend south to the subject property and would likely be supported; however, the proposed mini-storage use would not be classified as either regional retail or light industrial/showroom and would likely discourage any possibility of the development of regional retail at this location. While the proposed use and its nonconformance with the requirements of special use permit approval is staff’s most significant concern, additional concerns surround the configuration of the parcel. The property, as it exists today, is triangular in shape and possesses design obstacles. The proposed project would carve out an approximate 2-acre restaurant pad at the corner, leaving a jagged and extremely awkward site, only accentuating the design limitations of both parcels. The placement of the proposed storage buildings around the edge of the property only emphasizes the awkwardness of the site, which is extremely visible from S.H. 121. It has been indicated that the corner restaurant pad site would eventually screen the mini-storage use from S.H. 121, yet there is no assurance when or even if a restaurant will locate here or if the pad site carved out would meet the criteria for a specific restaurant user. Staff cannot support the intentional irregular layout of this property or the specific limitations that it would place on the adjacent parcel. This property is one of the most prominent and visible gateways into Coppell. This area adjacent to S.H. 121, while largely undeveloped at this time, possesses great potential and is envisioned to be unique, with features that set it apart from developments in other cities. Again, the proposed use does not exhibit these characteristics. Landscaping The applicant has met all Perimeter, Interior, and Non-Vehicular landscape requirements, providing some additional landscaping at the front of the site. The site has been designed to fully screen the interior of the site from view by placing the buildings around the perimeter of the site, allowing the interior area to be exempt from the Interior landscape requirements. Previously, staff expressed concern regarding the landscape plan’s non- conformance with the Comprehensive Plan, which recommends a strong landscaped edge consisting of evergreen shrubs and dense stands of street trees along S.H. 121. In response to these concerns, the applicant has since revised the landscape plan to add a total of six Austrian Pines, placed two side-by-side, in three different locations along the S.H. 121 frontage. It is staff’s interpretation that the addition of six trees does not Item # 4 Page 5 of 5 satisfy this recommendation and would again recommend that a more defined landscape edge be provided along S.H. 121 Conclusion To conclude, the proposed mini-storage facility does not conform to the requirements outlined in the Zoning Ordinance for special use permit approval. Specifically, the project is not compatible with the surrounding area, it does not comply with the Comprehensive Plan, and it will potentially impact future development. It is for the above-discussed reasons that staff recommends denial of the requested special use permit for the mini-storage facility. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends denial of the Special Use Permit based on: ƒ The project’s nonconformance with the requirements outlined in the Zoning Ordinance for special use permit approval. ƒ The Coppell Comprehensive Plan does not support the proposed use. ƒ The project’s visible location along a State Highway. ƒ The proposed awkward and unconventional layout of the site. ƒ Failure to adequately address screening/landscaping as illustrated in the Comprehensive Plan. ALTERNATIVES: 1) Recommend approval of the request. 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) Site Plan 2) Manager’s Office/Apartment Elevations 3) Storage Unit & Sign Elevations (3 sheets) 4) Landscape Plan (Revised) 5) Open Space Exhibit DEPT: Parks and Recreation DATE: April 22, 2003 ITEM #: 16 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a Professional Services Agreement with Schrickel Rollins and Associates for Design, Construction Documentation and Contract Administration related to the development of Practice Fields at Wagon Wheel Park, in an amount not to exceed $170,500.00, and authorizing the President of the Coppell Recreation Development Corporation and the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: Schrickel Rollins and Associates (SRA) has been the primary consultant on the entire design and development of Wagon Wheel Park. The staff has requested SRA to propose an agreement to prepare Design, Construction Documents and Contract Administration services related to Phase IV development of the park. The project will include the further development of athletic facilities, primarily practice areas for youth sports. The Coppell Recreation Development Corporation reviewed and approved this Agreement at the April 7, 2003 regularly scheduled meeting. FINANCIAL COMMENTS: Funds for this contract will come from the ½ cent designated for the CRDC. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: ^Wagon Wheel Contract1-AR AGREEMENT FOR PROFESSIONAL SERVICES Page 1 STATE OF TEXAS § § § AGREEMENT FOR PROFESSIONAL SERVICES § COUNTY OF DALLAS § This Agreement ("AGREEMENT") is made by and between the Coppell Recreation Development Corporation ("CRDC"), a Texas nonprofit organization, and Schrickel, Rollins and Associates, Inc. ("SRA") acting by and through their authorized representatives for the benefit of the City of Coppell, Texas ("CITY"). RECITALS: WHEREAS, the CRDC wishes to have developed PRACTICE FIELDS AT WAGON WHEEL PARK ("PROJECT"); and WHEREAS, the CRDC desires to begin the PROJECT and has selected SRA to perform professional services, without the requirement to bid for such services, in accordance with the requirements in Chapter 252 of the Texas Local Government Code; and WHEREAS, the CRDC desires to engage the services of SRA, as an independent contractor and not as an employee, to perform the design and construction documents and other Professional Services for the PROJECT on the terms and conditions provided in this AGREEMENT; and WHEREAS, the CRDC shall act by and through the CITY's Director of Parks and Recreation; and WHEREAS, SRA desires to render Professional Services for the CRDC on the terms and conditions provided in this AGREEMENT for the benefit of the CITY; NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties agree as follows: A. TERM The term of this AGREEMENT shall begin on the date of its execution by all parties. This AGREEMENT shall continue until SRA completes the Professional Services required herein to the satisfaction of the CRDC and accepted by the CITY, unless sooner terminated as provided herein. AGREEMENT FOR PROFESSIONAL SERVICES Page 2 B. SCOPE OF PROJECT The scope of the PROJECT includes the following: 1. Clearing, grubbing, demolition and other normal site preparation. 2. Drainage including surface drainage only. No subsurface storm sewer is included. 3. Earthwork including mass grading and fine grading. Trash removal and hazardous waste removal that may be associated with site preparation and earthwork is excluded from Basic Professional Services. 4. Practice fields and facilities at Wagon Wheel to include: a. Sports lighting; b. Infields and full-size ballfields; c. Soccer/football fields; d. Turfgrass and irrigation systems. 5. Areas for the practice fields and facilities at Wagon Wheel are described as: a. For the infields and ballfields, the planning area shall be approximately 21 acres generally in the northwest portion of the park, south of the existing parking lot which serves the Pony baseball field, but north and west of the floodplain of Cottonwood Creek. b. For the soccer/football fields, the planning area shall be approximately 13 acres in the south-central portion of the park, east of the tennis center, west of the existing soccer fields, south of the floodplain of Cottonwood Creek, and north but adjacent to Creekview Drive. C. SERVICES IN CONNECTION WITH THE PROJECT SRA agrees to provide the following services: 1. Field Surveys and Base Mapping of Existing Site Conditions: SRA shall arrange for and coordinate surveys to confirm certain locations of boundaries and corners and various existing park facilities, and to provide a topographic survey for the construction limits of each of each of the two above-described practice areas. AGREEMENT FOR PROFESSIONAL SERVICES Page 3 Base maps for the construction layout and elevation controls for each of the two practice areas shall be created. 2. Geotechnical Investigation and Report Services: a. The CRDC agrees that SRA shall depend upon previous geotechnical investigations and reports performed by independent Geotechnical Engineers for various portions of Wagon Wheel Park projects for the CITY that have been constructed, to serve as the basis for design for this PROJECT. 3. Master Planning and Presentation Services: Master planning for the practice fields and facilities will be performed and presented as not less than two nor more than three conceptual design alternatives with approximate estimated construction costs. Presentations will be made to (1) a workshop with sports association representatives; (2) a CRDC and CITY Park Board meeting; and (3) a CITY Council work session. 4. Design Development: a. SRA shall, upon the authorization of the CRDC, prepare, for approval by the CITY, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the scope of the PROJECT with regard to site, structural, architectural, mechanical, and electric systems, materials and such other elements as may be appropriate. Design Development Stage deliverables will include the following: (1) Plan views in appropriate scale; (2) Sections where appropriate; (3) Elevations where appropriate; (4) Typical details (site and structural and architectural); and (5) Outline specifications in CSI format. (6) Preliminary mechanical schematic and design loads. (7) Preliminary electrical schematic and design loads. b. SRA shall coordinate with appropriate governmental authorities for compliance with applicable codes, ordinances, and laws. c. SRA shall advise the CRDC of any adjustments to the preliminary opinion of approximate estimated construction costs. d. SRA shall provide five (5) sets of blue-line drawings to the CRDC and CITY for review of the Design Development Stage. (Costs of these drawings are included in the compensation for Basic Professional Services.) AGREEMENT FOR PROFESSIONAL SERVICES Page 4 5. Construction Documents: a.SRA shall, upon authorization by the CRDC, prepare a complete set of Construction Documents, for approval by the CITY, consisting of drawing and specifications setting forth in detail the requirements for construction of the PROJECT. Construction Documents Stage deliverables will include contract documents coordinated in to a bidding package as follows: (Costs of providing these reproducible sets of drawings are included in the compensation for Basic Professional Services.) (1) One (1) set of mylar reproducible Plan Sheets illustrating plans, elevations, sections and details of construction; (2) One (1) reproducible master set of PROJECT Manual containing specifications and bidding documents such as bid proposal, standard form of agreement between CRDC and Contractor, conditions of the contract and technical specifications. b.SRA shall provide five (5) sets of blue-line drawings with PROJECT Manuals to the CRDC and CITY for review before the final plans of the Construction Document Phase are completed. (Cost of these drawings and manuals are included in the compensation for Basic Professional Services.) c. SRA shall advise the CRDC and CITY of any adjustments to previous preliminary opinions of probable construction costs indicated by changes in PROJECT requirements or design. d. SRA shall assist the CRDC with the CITY's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the PROJECT. e. Plans and specifications will be prepared in conformance with the Texas Department of Licensing and Regulation (TDLR). SRA will complete the forms and transmit the construction documents to the TDLR for review of compliance with the Elimination of Architectural Barriers Program. (It is understood and agreed that review and/or inspection fees paid by SRA for the CITY shall be reimbursed to SRA on behalf of the CITY for such TDLR review and inspect as Reimbursable Expenses in accordance with Section G(4)) AGREEMENT FOR PROFESSIONAL SERVICES Page 5 f. Opinions of Probable Construction Cost. Since SRA has no control over the cost of labor, materials, equipment, or services furnished by others, or over the bidder's/contractor's methods of determining prices, or over competitive bidding or market conditions, SRA's opinion of probable construction cost provided for herein are to be made on the basis of SRA's best judgment as an experienced and qualified professional familiar with the construction industry; but SRA cannot and does not guarantee that construction proposals, bids, or actual construction costs will not vary from the opinions of probable cost prepared by SRA. If prior to the Bidding Stage the CITY wishes greater assurance as to opinions of probable construction costs, the CITY shall employ an independent cost estimator. 6. Bidding: a. SRA shall, upon authorization of the CITY, proceed with services related to this stage. b. SRA shall respond to questions from bidders during the bidding stage and issue addenda as required. c. SRA shall assist the CITY in pre-bid conferences that may be conducted for bidders' benefit. d. SRA shall assist the CITY in conducting the bid opening. e. SRA shall assist the CITY in investigating the bidders= qualifications and assist staff in making recommendations with regard thereto. f. SRA shall assist the CITY in preparation of the contract documents intended for execution by the CITY and the Contractor. g. SRA shall print and distribute the contract documents to bidders. The direct costs of these Additional Services and materials will be billed to the CITY as Reimbursable Expenses. 7. Construction Observation/Construction Administration: a. SRA shall, upon authorization by the CITY, proceed with this stage. b. SRA shall provide these construction observation/construction administration services on an on-call and as needed basis as determined and requested by the CITY. AGREEMENT FOR PROFESSIONAL SERVICES Page 6 (1) Up to thirty-five (35) site observation jobsite visits of one-half of a man-day (or six hours - maximum) each. This number is equivalent to an average of one visit per week over a construction period of approximately eight consecutive calendar months. (2) Review of shop drawings, samples and other submittals that are required of the contractor by the contract documents. (3) Site meetings, for a period of up to eight (8) months from the date of notice to proceed with construction, with the contractor and CITY staff to review scheduling and progress of the works. (Review of the monthly request for payment from the contractor will be initiated at the same meeting.) (4) Observations at the conclusion of the PROJECT for the purpose of compiling punch lists for substantial completion and final completion acceptance. c. When needed or requested by the CRDC and/or CITY, SRA and sub- consultants may make visits to the jobsite for PROJECT observation. Such jobsite visits typically consist of visual observation of materials, equipment, or construction work for the purpose of keeping abreast of work being done and ascertaining for the CRDC that the work is in substantial conformance with the contract documents and with the design intent. A jobsite review by SRA and sub-consultants will not be relied upon by the CRDC or the Contractor as an acceptance of the work, nor will it be construed to relieve the Contractor in any way from his obligations and responsibilities under the construction contract. Specifically, but without limitations, a jobsite review does not require SRA and sub-consultants to assume responsibilities for the means and methods of construction, nor for safety on the jobsite. (1) The CRDC shall provide qualified inspectors to perform detailed daily (or otherwise frequent) inspections of the Contractor's work in progress. d. During jobsite observations, SRA shall endeavor to guard the CRDC against deficiencies and defects in the work of the Contractor. Should SRA observe nonconforming or defective work, or unsafe conditions or practices, SRA shall immediately inform the CITY's representative that conforming or remedial action is required. AGREEMENT FOR PROFESSIONAL SERVICES Page 7 D. LIMITATIONS AND EXCLUSIONS The following items are specifically excluded from services provided in this contract which are as follows: 1. Excluded from the Basic Professional Services, unless otherwise provided for as an Additional Professional Services in a future Agreement, are the coordination or securing of: a. Environmental Assessments; b. Permitting processes and permits; c. Hydrologic and hydraulic studies; d. Zoning and platting services; e. Relocations of existing utility services. 2. Trash removal and hazardous waste removal that may be associated with the site preparation and earthwork. E. CRDC OBLIGATIONS 1. The CRDC shall provide information regarding requirements for the PROJECT, including a program which will set forth the CRDC's design objectives, constraints, and criteria, including space requirements and relationships, flexibility, and expendability, special equipment, systems, and site requirements. The CRDC will provide a budget in an amount not to exceed the authorized payments in this AGREEMENT for the PROJECT, with timely revisions appropriate to the stages of Professional Services. 2. The CRDC shall meet with SRA as required for the timely completion of the Professional Services. All meetings will take place within the CITY or at the offices of SRA. 3. The CRDC and CITY shall designate a single representative to act in its behalf with respect to the PROJECT, who will examine documents submitted by SRA and will promptly render decisions pertaining thereto to avoid unreasonable delay in the progress of the Professional Services. 4. The CRDC shall report promptly in writing to SRA any fault or defect in the Professional Services or non-conformance with the provisions of this Agreement. AGREEMENT FOR PROFESSIONAL SERVICES Page 8 5. The CRDC shall provide SRA with CITY construction standards to include design details and specifications, and CRDC and CITY to review procedures, as may be required for this PROJECT. 6. The CRDC shall provide prints or reproducible copies of other site conditions information in its files to include: CRDC plans, base maps, zoning maps, legal property descriptions, plats, subdivisions and street plans, aerial photographs, topographic maps, utility locations, and the like as are related and significant to the Professional Services. a. The size, type, location, elevation, and depth of existing sanitary sewer, storm sewer and water lines that exist within the PROJECT areas will be provided by the CRDC and/or CITY. 7. During the Construction Administration and Construction Observation stage of the PROJECT, the CITY shall provide qualified inspectors to perform detailed daily (or otherwise frequent) inspections of the Contractor's Work in progress. F. COMPENSATION Compensation for the performance of Professional Services shall be paid to SRA by the CRDC. All compensation provided for additional services in this Section shall be based on the Schedule of Charges for 2003 which is attached hereto and made a part hereof as Exhibit "A" to this AGREEMENT. Compensation shall be based on combinations of the following methods which are defined below: 1. A Stipulated Sum which is predetermined or is proportional to the PROJECT Budget. 2. The Hourly Invoice method, whereby services performed and time spent invoices are written for the hourly charge rates of the personnel time, task billing, and procedures that are necessary to accomplish the described services. 3. Reimbursable Expenses are additional and are not included in the compensation for Basic Professional Services. Reimbursable Expenses include items such as the direct costs of printing additional review copies of the Contract Documents, or sets of bidding documents (plans and project manuals) not included in the Basic Professional Services, and the review and inspection fees charged by the Texas Department of Licensing and Review for the Elimination of Architectural Barriers Program. Reimbursable Expenses include the charges of service providers involved in Supplemental Services related to Existing Conditions of the PROJECT Site. Other reimbursable expenses may come due. However, reimbursable expenses shall not include local transportation, long-distance communications, postage, computer-aided AGREEMENT FOR PROFESSIONAL SERVICES Page 9 design and drafting equipment, nor the costs of routine reproductions incidental to the production of final or review copies of the Contract Documents. 4. Basic Professional Services of Stage One: Design Development; Stage Two: Construction Documents; and Stage Three: Bidding. The PROJECT Budget amount will be approximately $1,500,000.00. Opinions of probable construction cost provided by SRA during the Design Development Stage are the construction costs to which the design for the PROJECT will be coordinated. Compensation for these services shall be the stipulated sum of $97,500.00. Bidding alternatives may be provided so that the CRDC will know the construction costs of items outside of the base bid, and may have the option to award a construction contract that includes additive or deductive alternatives of the CRDC's choice; such alternates, if any, shall be included in coordinating the Design Development to the PROJECT budget. 5. Basic Professional Services. The allocation of payments for the Basic Professional Services is as follows: Stage One - Design Development 35% Stage Two - Construction Documents 60% Stage Three - Bidding 5% Total for these stages of Basic Professional Services 100% Illustrative Example Only: If compensation for the first three stages of Basic Professional Services is the stipulated sum of $97,500.00, payment will be allocated as follows: Design Development (35%) $34,125 Construction Documents (60%) 58,500 Bidding (5%) 4,875 Total $97,500 In the event that the PROJECT is abandoned, SRA shall receive final payment up to the completion and full performance of the stage. AGREEMENT FOR PROFESSIONAL SERVICES Page 10 G. ALTERNATE SERVICES SRA agrees that these contract allowances include the maximum anticipated charges that may be required to complete the described scope of Professional Services. Invoices will reflect the actual direct charges for time and materials, and their totals may be less than the allowance. 1. Basic Professional Services of Stage Four Construction Observation/Construction Administration - ALTERNATE. For the Basic Professional Services of Stage Four - Construction Observation/ Construction Administration, the CRDC will establish a contract allowance of $30,000.00. a. Compensation for these Professional Services will be invoiced by the hourly invoice method. Services will be provided on an "on-call and as needed" when needed or requested by the CRDC. The allowance provided is for charges anticipated over an eight-month construction period for the PROJECT. b. Should Additional Services beyond the scope of Stage Four services be required, such services and additional compensation will be provided by written and authorized amendment to this AGREEMENT. 2. Supplemental Services of Providing Existing Conditions Information Related to the PROJECT Site - ALTERNATE. Compensation will include the direct expenses of the service providers (surveyor and, if necessary, geotechnical engineer) plus appropriate stipulated sums or hourly invoice charges of SRA personnel. a. Field Surveys and Base Mapping of Existing Site Conditions - a contract allowance of $13,000.00. b. Geotechnical Investigation and Report Services - a contract allowance of $6,000.00. (This allowance is provided for use only if existing geotechnical investigations and reports are inadequate for needs of the PROJECT.) 3. Supplemental Services of Master Planning and Presentations - ALTERNATE. These services include alternative development plans and presentations to user groups and CRDC and CITY decision makers. Master planning for the practice fields and facilities will be performed and presented as not less than two nor more than three conceptual design alternatives with rough opinions of construction costs. Presentations will be made to (1) a workshop with sports association representatives; (2) a CITY Park Board meeting; and (3) a CITY Council work session. AGREEMENT FOR PROFESSIONAL SERVICES Page 11 a. Compensation will be stipulated sum of $18,500.00. 4. Reimbursable Expenses and Other Professional Services. For the contingencies of Reimbursable Expenses and Other Professional Services, compensation will include the direct expenses of the service provider plus appropriate stipulated sums or hourly invoice charges for the services of SRA personnel. a. The CRDC will establish a contract allowance of $5,500 for anticipated Reimbursable Expenses and Other Professional Services to include multiple sets of contract documents to be printed and distributed to bidders, and the TDLR review and inspection fees to be paid by SRA for the CRDC. H. ADDITIONAL SERVICES 1. The following services are not included in this AGREEMENT but are available to the CRDC upon written authorized approval: a. Assistance by SRA to the CRDC in the resolution of construction-contract disputes between the CRDC and its contractor, or contract-related claims against the CRDC and CITY, are not a part of the scope of this proposal. However, such services may be provided as Additional Services by separate AGREEMENT or amendment, as provided for herein, to this AGREEMENT. b. Services related to easements, permitting, platting, re-platting, zoning, or rezoning required by the CITY or required by other governmental authorities for the construction of the PROJECT, will be provided by the CRDC, or provided by SRA by separate AGREEMENT or amendment, as provided for herein, to this AGREEMENT. I. TIME FOR COMPLETION Professional Services provided by SRA for the CRDC for the benefit of the CITY shall be completed in accordance with the following. For the purposes of this AGREEMENT, a month is defined as thirty (30) calendar days and a week as seven (7) calendar days. If any of the following submissions fall on a CRDC non-working day, then the submission will be due the following CRDC working day. 1. Master Planning and Presentations, Field Surveys, Base Mapping and Geotechnical Services: These Supplemental Services shall be completed within six weeks of authorization to begin. Some of these services may be accomplished concurrently with AGREEMENT FOR PROFESSIONAL SERVICES Page 12 Design Development. The time for completion is exclusive of delays that the CRDC may experience in scheduling presentations. 2. Design Development: Design Development shall be completed within three weeks of authorization to begin, following substantial completion of the above Supplemental Services. 3. Construction Documents: Construction Documents shall be completed within seven weeks of authorization to begin, following completion of Design Development. 4. Time Periods: a. The time periods for completion of services are exclusive of time that may be required for reviews, special meetings or delays caused by the CITY or State or other agencies having jurisdiction or interest in the PROJECT. b. If, through no fault of SRA, the first three stages of Basic Professional Services have not been completed within twelve months of the date of this AGREEMENT, the terms of this AGREEMENT may be renegotiated. J. ENTIRE AGREEMENT This AGREEMENT constitutes the sole and only AGREEMENT of the parties and supersedes any prior understanding or written or oral agreements between the parties with respect to this subject matter. K. ASSIGNMENT Neither this AGREEMENT nor any duties or obligations under it shall be assignable by SRA without the prior written consent of CITY. In the event of an assignment by SRA to which the CITY has consented, the assignee or the assignee's legal representative shall agree in writing with the CITY to personally assume, perform, and be bound by all the covenants, obligations, and agreements in this AGREEMENT. L. AMENDMENT This AGREEMENT may only be amended by the mutual written AGREEMENT of the parties. AGREEMENT FOR PROFESSIONAL SERVICES Page 13 M. GOVERNING LAW 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 venue for any action concerning this AGREEMENT shall be in Dallas County, Texas. N. NOTICE Any notice or other communication shall be in writing and shall be deemed given when sent Registered or Certified Mail, Postage Prepaid, in the United Stated Mail, addressed as set forth below, or to such other address as either of the parties shall advise the other in writing. If intended for CRDC: Victor Burke, President Coppell Recreation Development Corporation City of Coppell 255 Parkway Blvd. Coppell, Texas 75019 If intended for SRA: Terry T. Cheek Vice President Schrickel, Rollins and Associates, Inc. 1161 Corporate Drive West, Suite 200 Arlington, Texas 76006 If intended for CITY: Jim Witt, City Manager City of City of Coppell 255 Parkway Boulevard P. O. Box 9478 Coppell, Texas 75019 O. LEGAL CONSTRUCTION 1. 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 effect any other provisions and the AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this AGREEMENT. AGREEMENT FOR PROFESSIONAL SERVICES Page 14 2. It is understood and agreed that SRA, in satisfying the conditions of this AGREEMENT, is acting independently and that the CITY assumes no responsibility or liabilities to any third party in connection with this AGREEMENT. SRA agrees to indemnify and hold harmless the CRDC and CITY, its officers, agents, and employees from any and all damages, loss or liability of any kind, whatsoever, by reason of death or injury to property of third persons caused by the omission or negligent act of SRA, its officers, agents, employees, invitees, or other persons for whom it is legally liable, with regard to the performance of this AGREEMENT, and SRA will, at its cost and expense, defend, pay on behalf of, and protect the CRDC and CITY and its officers, agents, and employees against any and all such claims and demands. All services to be performed by SRA under this AGREEMENT shall be in its capacity as an independent contractor and not as an agent or employee of the CRDC or CITY. SRA shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to compliance with this AGREEMENT and any specifications, schedules or plans approved by the CRDC and CITY. 3. It is understood that the general contractor and his subcontractors employed to carry out and install the work set forth in the construction documents of plans and specifications prepared by SRA will be an independent contractor, responsible to the CITY for the proper execution and performance of matters required by those construction documents. 4. SRA does not guarantee, nor is responsible for, the performance of the contractor who has been employed by the CRDC or CITY to perform and carry out the work. SRA is not responsible for delays, damages, defects, or other imperfections caused by the contractor. SRA is not responsible for the contractor's superintendence, means, methods, sequences, and techniques of construction. SRA is not responsible for the contractor's safety precautions and safety obligations in connection with the work. P. CAPTIONS The captions used in this AGREEMENT are for convenience only and shall not affect in any way the meaning or interpretations of the provisions set forth herein. Q. COUNTERPARTS This AGREEMENT may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. R. TERMINATION This AGREEMENT shall continue until termination by either party by giving thirty (30) calendar days prior written notice to the other party. AGREEMENT FOR PROFESSIONAL SERVICES Page 15 S. EXECUTION EXECUTED this _________ day of ____________________, 2003. COPPELL RECREATION DEVELOPMENT CORP. CITY OF COPPELL, TEXAS By: ___________________________________ VICTOR BURKE, President ATTEST: By: _______________________________ MARK TEPPER, Secretary EXECUTED this _________ day of ____________________, 2003. CITY OF COPPELL, TEXAS By: JIM WITT, CITY MANAGER ATTEST: By: LIBBY BALL, City Secretary APPROVED AS TO FORM: By: _______________________________ ROBERT HAGER, City Attorney EXECUTED this _________ day of ____________________, 2003. SCHRICKEL, ROLLINS AND ASSOCIATES, INC. By: ___________________________________ TERRY T. CHEEK, Vice President DEPT: City Manager DATE: April 22, 2003 ITEM #: 17 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a resolution expressing satisfaction with the current central appraisal district system and dissatisfaction with House Bill 2120 of the 78th Texas Legislature, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: !DCAD 1 A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, EXPRESSING SATISFACTION WITH THE CURRENT CENTRAL APPRAISAL DISTRICT SYSTEM AND DISSATISFACTION WITH HOUSE BILL 2120 OF THE 78TH TEXAS LEGISLATURE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, more than 20 years ago the Texas Legislature adopted the Peveto Bill that established the central appraisal district system for the appraisal of property and the administration of exemptions for property taxation for local taxing units; and WHEREAS, the Texas Legislature established the central appraisal district system to create fairness and equity in local property taxation by cities, schools, counties and other local taxing units through the elimination of assessment ratios and by requiring a single county-wide appraisal for property taxation; and WHEREAS, the Texas Legislature de-politicized the local property taxation system through the transfer of the appraisal function and the administration of exemptions from local taxing units of a separate political subdivision created for each county known as the central appraisal district; and WHEREAS, each county central appraisal district is governed by a local board of directors appointed by the participating taxing units including the commissioners court and the governing bodies of the cities, schools and other taxing units in the country; and WHEREAS, the central appraisal district is funded by the participating taxing units through a budget approved by the board of directors that is accountable and responsive to the governing bodies of the local participating taxing units; and WHEREAS, the participating taxing units have the right to veto the budget of the central appraisal district; and any unexpended funds are returned to the participating taxing units each fiscal year; and WHEREAS, the budget, the operations, the personnel and policies of each central appraisal district vary from county to county; and WHEREAS, the board of directors of each central appraisal district appoints a chief appraiser to administer the appraisal office that appraises property for local property taxation and administers exemptions; and WHEREAS, House Bill 2120 undermines the local property taxation process that has worked so efficiently and effectively through: (1) the removal of the local control of the operation 2 and costs of the central appraisal district; (2) the elimination of central appraisal districts; (3) the elimination of the board of directors of the central appraisal districts; (4) the establishment of an appraisal office for each county to be operated by the comptroller; (5) the appointment of chief appraisers by the comptroller to administer the appraisal office; (6) the appointment of appraisal review board members by the chief appraisers; and (7) the transfer of all assets of the central appraisal districts, that have been paid for by the local participating taxing units, to the comptroller; and WHEREAS, House Bill 2120 eliminates local control over the costs associated with the appraisal of property and the administration of exemptions for property taxation which is a matter of local concern and not the proper province of the state; and WHEREAS, House Bill 2120 will politicize the local property taxation process through state controlled and operated appraisal offices, state appointed chief appraisers and appraisal review boards appointed by the state appointed chief appraisers; and WHEREAS, House Bill 2120 will require the county, the cities, the school districts and other participating taxing units in each county to finance a state controlled budget for the appraisal office without having any authority concerning policies or administration; and WHEREAS, House Bill 2120 will arbitrarily expropriate the property, assets and investments of local government without due compensation to those governments; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That the preambles and recitals set forth above are incorporated herein, and found and determined to be true and correct. SECTION 2.That the city of Coppell does hereby express its support and satisfaction with the current central appraisal district system. SECTION 3.That the city of Coppell does hereby express its opposition and dissatisfaction with House Bill 2120; and any attempt to: (1) remove local control of the operation and costs of the appraisal office; (2) eliminate the central appraisal districts; (3) eliminate the board of directors of the central appraisal districts; (4) the establishment of an appraisal office for each county to be operated by the comptroller; (5) the appointment of chief appraisers by the comptroller to administer the appraisal office; (6) the appointment of appraisal review board members by the 3 comptroller to be funded by the participating taxing units without the power of veto or input by the participating taxing units; and (8) the transfer of all assets of the central appraisal districts, that have been paid for by the local participating taxing units, to the comptroller. SECTION 4.That the transfer of the assets of the Dallas Central Appraisal District, which includes but is not limited to a $4 million office building, millions of dollars of personal property, information systems, and high technology equipment that has been paid for by the participating taxing units and the taxpayers of Dallas County, to the comptroller is contrary to public policy and unacceptable. SECTION 5. That a copy of this Resolution shall be delivered to all local state elected officials and to the Ways and Means Committee of the Texas House of Representatives. SECTION 6. That this Resolution shall take effect upon its passage. DULY PASSED by the City Council of the city of Coppell, Texas, this the _______ day of ___________________, 2003. APPROVED: _________________________________________ CANDY SHEEHAN, MAYOR ATTEST: _________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: __________________________________ ROBERT E. HAGER, CITY ATTORNEY DATE: April 22, 2003 ITEM #: 18 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork DATE: April 22, 2003 ITEM #: 19 AGENDA REQUEST FORM MAYOR AND COUNCIL REPORTS A. Repor t by Mayor Sheehan regarding Shattered Dreams. B. Repor t by Mayor Sheehan regarding Congressman Pete Sessions' Town Hall Meeting. C. Repor t by Councilmember Peters regarding TML Legislative Update Repor t. Agenda Request Form - Revised 09/02 Document Name: %mayorreport DATE: April 22, 2003 ITEM #: 20 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec