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.
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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:
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
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:
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.
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