CP 2006-01-24
NOTICE OF CITY COUNCIL MEETING AND AGENDA
JANUARY 24, 2006
DOUG STOVER, TIM BRANCHEAU, Place 1
Mayor Mayor Pro Tem
JAYNE PETERS, Place 2 BILLY FAUGHT, Place 5
BRIANNA HINOJOSA-FLORES, Place 3 THOM SUHY, Place 6
MARSHA TUNNELL, Place 4 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, January 24, 2006, 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 reserves 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
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, Texas Government Code - Consultation with City
Attorney.
1. The City of Coppell and Coppell Independent School District
opposition to a change of zoning request of the Billingsley
Corporation in the City of Dallas, Zoning Case Number Z045-
107 and City of Coppell vs. CB Parkway Business Center VI, et
al in the County Court at Law No. 3.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding the 2006-2007 Budget Calendar.
B. Financial Planning Update.
C. Natural Gas Drilling Update.
D. Discussion regarding Open Government Training.
E. Discussion regarding Comprehensive Annual Financial Report for
FY2005.
F. Discussion of Agenda Items.
Adjourn Work Session.
PUBLIC ANNOUNCEMENTS
Public Service Announcements concerning local civic events and no Council
action is required or permitted.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
6. Pledge of Allegiance.
7A. Report by Library Board.
7B. Consider approval of a proclamation naming January SCHOOL BOARD
RECOGNITION MONTH, and authorizing the Mayor to sign.
8. Citizens' Appearances.
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ITEM # ITEM DESCRIPTION
CONSENT AGENDA
9. Consider approval of the following consent agenda items:
A. Consider approval of minutes: January 10, 2006.
B. Consider approval of canceling the regular City Council Meeting
scheduled for March 14, 2006 and calling a Special Meeting to be
held on March 9, 2006.
C. Consider approval of a resolution adopting the approved preferred
alignment of Sandy Lake Road (SH 121 to Coppell Road N) as
described in Attachment 'A' - Design and Construction Criteria,
together with Attachment 'B' - Memorandum of Agreement, and
authorizing the Mayor to sign; and consider approval of the Project
Supplemental Agreement to the Master Agreement Governing
Transportation Major Capital Improvement Projects between the
City of Coppell and Dallas County, and authorizing the City
Manager to sign.
D. Consider approval of an Ordinance amending Ordinance No. 2005-
1109 to impose the additional collection penalty in April for business
personal property taxes that become delinquent on February 1,
2006, according to the Texas Property Tax Code Section 33.11, and
authorizing the Mayor to sign.
E. Consider approval of an amendment to the existing contract for
collection of delinquent taxes between the City of Coppell and
Nichols, Jackson, Dillard, Hager & Smith, LLP and Linebarger,
Goggan, Blair & Sampson, LLP, and authorizing the City Manager to
sign.
END OF CONSENT
10. Consider approval of the Comprehensive Annual Financial Report for the
fiscal year ending September 30, 2005.
11. Consider approval of a Resolution approving a Tax Abatement
Agreement between the City of Coppell and Historic Coppell Properties,
Ltd., and authorizing the Mayor to sign.
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ITEM # ITEM DESCRIPTION
12. Consider approval of an Economic Development Incentive Agreement
between the City of Coppell and Historic Coppell Properties, Ltd., and
authorizing the City Manager to sign.
13. Consider approval to purchase from Philpott Motors, Inc. one (1) 2006
Ford F250 CC Pick-up Truck in the amount of $24,952.00 for the Parks
Department and a 2006 Ford F450 Cab/Chassis Truck in the amount of
$36,884.00 for the Streets Department through an Inter-local agreement
with HGAC, and requiring the City Manager to sign all related
documentation.
14. Necessary action resulting from Work Session.
15. Council Committee Reports.
A. Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember
Tunnell.
B. Coppell ISD – Councilmembers Faught and Suhy.
C. Coppell Seniors – Mayor Pro Tem Brancheau and Councilmember
Peters.
D. Dallas Regional Mobility Coalition - Councilmember Peters.
E. Economic Development Committee - Councilmembers Suhy and
York.
F. Metrocrest Hospital Authority - Councilmember Tunnell.
G. Metrocrest Medical Foundation - Councilmember Hinojosa-Flores.
H. Metrocrest Medical Services – Councilmember Hinojosa-Flores.
I. Metrocrest Social Service Center – Mayor Pro Tem Brancheau.
J. North Texas Council of Governments - Councilmember Tunnell.
K. NTCOG/Regional Emergency Management - Councilmember Suhy
L. North Texas Commission - Councilmember Peters.
M. Senior Adult Services - Councilmember Faught.
16. Necessary Action Resulting from Executive Session.
Adjournment.
____________________________________
Douglas N. Stover, Mayor
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CERTIFICATE
I certify 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
_________________, 2006, at __________________.
____________________________________
Libby Ball, City Secretary
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
2006
Economic Development
• Aggressively pursue development partnership on Lesley tract
• Analyze large tract development opportunities
• Continue “hot spot” focus
• Develop strategy for use/sale of city-owned property
• Study revenue enhancements
• Continue focus on vacant retail revitalization
Quality Public Facilities & Infrastructure
• Examine funding opportunities for IMF
• Study continued use of ½-cent sales tax for parks
• Continue focus on local and regional transportation efforts
• Provide quality park and recreation facilities for all
Excellent City Services & High Citizen Satisfaction
• Continue strategic planning for future costs of service delivery
• Timely response with quality service delivery
• Initiate review and revisions of Code of Ordinances
• Develop methods to enhance communication efforts
• Promote citizen involvement
• Examine our effectiveness at participating in state/federal legislative process
Sense of Community
• Develop and support community special events
• Develop and support activities for teens
• Embark on a “Coppell 2025” vision effort
• Continue to evaluate cemetery issue
• Evaluate services and programs for our senior adult community
• Continue to partner with taxing entities serving our community, particularly our ISD’s
Fiscal Stability
• Continue and refine financial planning and forecasting
• Continue systematic management and reduction of debt and expenditures
• Balance expenditures with ability to maintain over time
• Perform cost analysis on all approved projects and programs prior to implementation
• Protect the sales tax base from Streamlined Sales Tax initiative
• Remain aware of external factors and developments that potentially impact the financial
condition of the city
Neighborhood Integrity & Code Enforcement
• Maintain communication with neighborhoods and the community
• Update the Master Plan and Zoning as required
• Continue proactive neighborhood integrity programs
• Access HOA common area maintenance expectations and obligations
Safe Community
• Maintain and improve existing excellent level of service
• Continue focus on Homeland Security
• Provide quality public education programs
• Continue traffic/speed control efforts
DATE: January 24, 2006
ITEM #: ES-2
AGENDA REQUEST FORM
EXECUTIVE SESSION
A. Section 551.071, Texas Government Code – Consultation with City Attorney.
1. The City of Coppell and Coppell Independent School District opposition to a change of
zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number
Z045-107 and City of Coppell vs. CB Parkway Business Center VI, et al in the County
Court at Law No. 3.
Agenda Request Form - Revised 02/04 Document Name: %executivesession
DATE: January 24, 2006
ITEM #: WS-3
AGENDA REQUEST FORM
WORK SESSION
A. Discussion regarding the 2006-2007 Budget Calendar.
B. Financial Planning Update.
C. Natural Gas Drilling Update.
D. Discussion regarding Open Government Training.
E. Discussion regarding Comprehensive Annual Financial Report for FY2005.
F. Discussion of Agenda Items.
Agenda Request Form - Revised 02/04 Document Name:
%worksession
January 2006
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DEPT: City Secretary
DATE: January 24, 2006
ITEM #: 7/A
AGENDA REQUEST FORM
ITEM CAPTION:
Report by the Library Board.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: %boardreport
DEPT: City Manager
DATE: January 24, 2006
ITEM #: 7/B
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a proclamation naming January SCHOOL BOARD RECOGNITION
MONTH, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !School Board
PROCLAMATION
WHEREAS, the mission of the public schools is to meet the diverse
educational needs of all children and to empower them to become competent,
productive contributors to a democratic society and an ever-changing world; and
WHEREAS, local school board members are committed to children and
believe that all children can be successful learners, and that the best education is
tailored to the individual needs of the child; and
WHEREAS, local school board members work closely with parents,
educational professionals, and other community members to create the educational
vision we want for our students; and
WHEREAS, local school board members are responsible for ensuring the
structure that provides a solid foundation for our school system; and
WHEREAS, local school board members are strong advocates for public
education and are responsible for communicating the needs of the school district to
the public and the public’s expectations to the district.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell,
do hereby declare my appreciation to the members of the Coppell Independent
School Board, the Carrollton-Farmers Branch Independent School Board, and the
Lewisville Independent School Board, and proclaim the month of January 2006 as
“SCHOOL BOARD RECOGNITION MONTH”
and urge all citizens to join me in recognizing the dedication and hard work of
local school board members and in working with them to mold an education
system that meets the needs of both today’s and tomorrow’s children.
IN WITNESS THEREOF, I have set my hand and caused the seal of the city
of Coppell to be affixed this _____ day of January 2006.
____________________________
Douglas N. Stover, Mayor
ATTEST:
________________________
Libby Ball, City Secretary
DATE: January 24, 2006
ITEM #: 8
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: %citapp.doc
DEPT: City Secretary
DATE: January 24, 2006
ITEM #: 9/A
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of minutes: January 10, 2006
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 02/04 Document Name: %minutes
cm011006
Page 1 of 6
MINUTES OF JANUARY 10, 2006
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, January 10, 2006, at 5:30 p.m. in the City Council Chambers of
Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members
were present:
Doug Stover, Mayor
Tim Brancheau, Mayor Pro Tem
Jayne Peters, Councilmember
Brianna Hinojosa-Flores, Councilmember
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Thom Suhy, Councilmember
Bill York, Councilmember (late arrival)
Also present were City Manager Jim Witt, City Secretary Libby Ball and City
Attorney Robert Hager.
1. Call to order.
Mayor Stover called the meeting to order, determined that a quorum was
present and convened into Executive Session.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation
with City Attorney.
1. The City of Coppell and Coppell Independent School
District opposition to a change of zoning request of
the Billingsley Corporation in the City of Dallas,
Zoning Case Number Z045-107 and City of Coppell
vs. CB Parkway Business Center VI, et al in the
County Court at Law No. 3.
2. Western Rim Investors (Mansions by The Lake) vs.
The City of Coppell and Michael J. Hodge.
B. Section 551.072, Texas Government Code - Deliberation
regarding Real Property.
1. Discussion regarding property west of Park and
south of Bethel.
cm011006
Page 2 of 6
Mayor Stover convened into Executive Session at 5:50 p.m. as allowed
under the above-stated article. Mayor Stover recessed the Executive
Session at 7:06 p.m. and opened the Regular Session.
Councilmember York arrived between Executive Session and Regular Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding March Council Meetings.
B. Discussion of Agenda Items.
There was not time for Work Session Discussions.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Msgr. Leon Duesmann of St. Ann Catholic Church led those present in
the Invocation.
6. Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
7. Citizens' Appearances.
There were no citizens signed up for Citizens’ Appearances.
CONSENT AGENDA
8. Consider approval of the following consent agenda items:
A. Consider approval of minutes: December 13, 2005.
cm011006
Page 3 of 6
B. Consider approval of the purchase of twelve (12) “Watch
Guard” Digital In-Car Video Systems, to be installed in
the new Police Tahoes, in the amount of $79,260; and
authorizing the City Manager to sign any necessary
documents.
C. Consider approval of a resolution authorizing the filing of
a project funding application with the North Central
Texas Council of Governments for a regional solid waste
management local project, and authorizing the Mayor to
sign.
D. Consider approval of an Ordinance amending, in part, the
Comprehensive Plan and the Land Use Map incorporating
the Intergovernmental Cooperative Element
Comprehensive Plan update, as recommended by the
Citizen Advisory Committee (the Planning Commission),
and authorizing the Mayor to sign.
E. Consider approval of an Ordinance for Case No. S-1228-C,
Coppell Montessori Academy, zoning change from C
(Commercial) to S-1228-C (Special Use Permit-1228-
Commercial), to allow the construction of an approximate
11,700-square-foot private school on 1.68 acres of
property located along the north side of Fitness Court,
approximately 250-feet west of Denton Tap Road, and
authorizing the Mayor to sign.
F. Consider approval of an Ordinance for Case No. S-1228R-
C, Coppell Montessori Academy, zoning change from S-
1228-C (Special Use Permit-1228-Commercial) to S-
1228R-C (Special Use Permit-1228 Revised-Commercial),
to amend the Site Plan to allow the construction of an
approximate 240-square-foot greenhouse as an ancillary
use to the private school on 1.68 acres, and authorizing
the Mayor to sign.
G. Consider approval of an Ordinance amending Chapter 12,
Zoning, of the Code of Ordinances, deleting Sections 12-
24-6.4 and 6.5, in their entirety, regarding the
requirement for an architectural review board and a
cm011006
Page 4 of 6
merchants association for all properties located in the
Town Center district, and authorizing the Mayor to sign.
Action:
Councilmember Suhy moved to approve Consent Agenda Items A, B, C
carrying Resolution No. 2006-0110.1, D carrying Ordinance No.
2006-1119, E carrying Ordinance No. 91500-A-427, F carrying
Ordinance No. 91500-G-428 and G carrying Ordinance No. 91500-A-429.
Councilmember Hinojosa-Flores seconded the motion; the motion carried
7-0 with Mayor Pro Tem Brancheau and Councilmembers Peters,
Hinojosa-Flores, Tunnell, Faught, Suhy and York voting in favor of the
motion.
9. PUBLIC HEARING:
Consider approval of Case No. ZC-619, St. Ann Catholic Parish,
zoning change from C (Commercial) to SF-9 (Single Family-9)
on approximately 5.3 acres of property located at 700 E. Sandy
Lake Road, to expand church uses into an existing building,
and consideration of an amendment to the Land Use Plan of
the 1996 Comprehensive Plan, changing the land use from
Neighborhood Retail to Public Institutional.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Mayor Pro Tem Brancheau moved to approve Case No. ZC-619, St. Ann
Catholic Parish, zoning change from C (Commercial) to SF-9 (Single
Family-9) on approximately 5.3 acres of property located at 700 E. Sandy
Lake Road, to expand church uses into an existing building, and
consideration of an amendment to the Land Use Plan of the 1996
Comprehensive Plan, changing the land use from Neighborhood Retail to
Public Institutional. Councilmember Faught seconded the motion; the
motion carried 7-0 with Mayor Pro Tem Brancheau and Councilmembers
cm011006
Page 5 of 6
Peters, Hinojosa-Flores, Tunnell, Faught, Suhy and York voting in favor
of the motion.
10. Necessary action resulting from Work Session.
There was no time prior to the meeting for Work Session. At this time
Council discussed the issue of Spring Break falling the week of the first
Regular Council Meeting in March. Council agreed to move the meeting
scheduled for March 14, 2006 to March 9, 2006.
11. City Manager's Report.
A. Roadway Projects – Construction Update.
B. Drought Conditions.
C. Ken Griffin, Director of Engineering and Pubic Works briefed
Council on the status and timelines on current and upcoming
roadway projects.
D. City Manager Jim Witt reported to Council on drought conditions
and recent grass fires. He advised that local residents were
continuing to follow their normal watering patterns and that the
city was not encouraging additional watering at the present time.
12. Mayor and Council Reports.
A. Report by Mayor Stover regarding Metroplex Mayors’
Meeting.
B. Report by Councilmember Faught regarding Make a Child
Smile.
A. Mayor Stover reported on the Metroplex Mayors’ Meeting where the
upcoming March election was discussed. He stated they also
discussed a new committee that had been formed called the
Regional Transportation Authority.
B. Councilmember Faught advised that this years’ Make A Child
Smile program had provided gifts to 105 families consisting of 277
total children. He recognized the City Secretary Department,
specifically Allana Lamberth and Mindi Hurley, for their team spirit
in this endeavor.
At this time Council reconvened into Executive Session.
cm011006
Page 6 of 6
EXECUTIVE SESSION (Closed to the Public)
Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation
with City Attorney.
1. The City of Coppell and Coppell Independent School
District opposition to a change of zoning request of
the Billingsley Corporation in the City of Dallas,
Zoning Case Number Z045-107 and City of Coppell
vs. CB Parkway Business Center VI, et al in the
County Court at Law No. 3.
2. Western Rim Investors (Mansions by The Lake) vs.
The City of Coppell and Michael J. Hodge.
B. Section 551.072, Texas Government Code - Deliberation
regarding Real Property.
1. Discussion regarding property west of Park and
south of Bethel.
Mayor Stover convened into Executive Session at 8:15 p.m. as allowed
under the above-stated article. Mayor Stover adjourned the Executive
Session at 9:47 p.m. and opened the Regular Session.
REGULAR SESSION (Open to the Public)
13. Necessary Action Resulting from Executive Session.
There was no action necessary under this item.
There being no further business to come before the City Council, the meeting
was adjourned.
__________________________________
Douglas N. Stover, Mayor
ATTEST:
__________________________________
Libby Ball, City Secretary
DEPT: City Secretary
DATE: January 24, 2006
ITEM #: 9/B
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of canceling the regular City Council Meeting scheduled for March 14, 2006 and calling a
Special Meeting to be held on March 9, 2006.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: %resetmtg
DEPT: Engineering
DATE: January 24, 2006
ITEM #: 9/C
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a resolution adopting the approved preferred alignment of Sandy Lake Road (SH 121 to
Coppell Road N) as described in Attachment 'A' - Design and Construction Criteria, together with Attachment 'B'
- Memorandum of Agreement, and authorizing the Mayor to sign; and consider approval of the Project
Supplemental Agreement to the Master Agreement Governing Transportation Major Capital Improvement
Projects between the City of Coppell and Dallas County, and authorizing the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Approval of this agenda item will allow the City and Dallas County to proceed with the implementation of the
Project Supplemental Agreement necessary to obtain partial funding from Dallas County for the construction of
Sandy Lake Road, Phase 'A'.
Staff recommends approval and will be available for any questions at the Council meeting
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: #Sandy Lake
MEMORANDUM
TO:Mayor and City Council
FROM:Kenneth M. Griffin, P.E., Director of Engineering and Public Works
DATE:January 24, 2006
REF:Consider approval of a resolution adopting the approved preferred alignment of Sandy
Lake Road (SH 121 to Coppell Road N) as described in Attachment 'A' - Design and
Construction Criteria, together with Attachment 'B' - Memorandum of Agreement, and
authorizing the Mayor to sign; and consider approval of the Project Supplemental
Agreement to the Master Agreement Governing Transportation Major Capital
Improvement Projects between the City of Coppell and Dallas County, and authorizing
the City Manager to sign.
On December 13, 2005, City Council awarded a construction contract to Tiseo Paving Company for
the construction of Phase 'A' of Sandy Lake Road, from S.H. 121 to Coppell Road N. Numerous
times, the alignment of the roadway has been discussed with City Council and the public. Up until this
time, City staff has not sought a resolution from Council approving the alignment of Phase 'A', because
Dallas County had steadfastly refused to allocate a portion of the approved funds for Sandy Lake Rd.
to Phase 'A'. Now that they have agreed to funding a portion of Phase 'A', the City has been placed in a
position of having to backtrack to seek approval of the alignment of Phase 'A', after the construction
contract was awarded in December 2005. Nothing has changed for Sandy Lake Rd. Phase 'A' from
what Council has previously seen and from what was awarded to Tiseo Paving Company by Council.
The remainder of this memo explains in detail the timeline concerning the allocation of funds from
Dallas County for this project and the requirement to seek a resolution for approval of the alignment
for Phase 'A'.
In March 2000, the Engineering Department submitted Sandy Lake Road (S.H. 121 to Denton Tap
Road) to Dallas County for consideration of partial funding through the Major Capital Improvement
Program (MCIP). The project was approved and received funding in the amount of $1,300,000 for
fiscal year (FY) 2006. The City Council approved the Master Agreement that defined the partnership
and roles of the county and the city in association with the project on December 12, 2000. An
engineering contract with Teague Nall and Perkins (TNP) for the design of the project was also
approved during the same council meeting.
TNP was directed to prepare the construction plans in two phases, Phase 'A' (S.H. 121 to Coppell Road
N) and Phase 'B" (Coppell Road N to Denton Tap Road). The city realized that the eastern section of
Sandy Lake Road had numerous issues that would impact the start of construction. Phasing the project
allowed the city the opportunity to start construction of Phase 'A' at an earlier date than Phase 'B'. The
Phase 'A' section of Sandy Lake Road provides commercial traffic access to the facilities located along
Royal Lane, Sandy Lake Road and Freeport Parkway.
The county was aware that the project was being designed and constructed in two phases. The city
initially thought that construction of Phase 'A' would start prior to FY 2006 and in February 2003,
requested the county to consider moving all or a portion of the $1,300,000 forward for use on the
construction of Phase 'A'. In October 2004, we were told that Dallas County staff had decided not to
participate on Phase 'A' and that the entire amount would be available for Phase 'B' which was
scheduled to start construction in 2008. The city then held a public meeting for both phases of Sandy
Lake Road on December 7, 2004 for the purpose of reaching a consensus on the design and alignment
of the projects as presented in the schematic design plans dated December 2001. As part of the
required funding process, the city prepared a Supplemental Agreement (SA) with incorporated
attachments. The agreement called for the county's participation to become available sixty days prior
to the construction award. The SA and a resolution adopting the preferred alignment for Phase 'B'
were approved in the July 12, 2005 City Council meeting and submitted to Dallas County for approval.
In August 2005, Dallas County informed the city that the funds would now be available for
construction of Phase 'A'. The county provided a revised agreement, the Project Supplemental
Agreement (PSA), for the city to follow in preparing the agreement. The city has prepared the PSA for
Phase 'A', with incorporated Attachments 'A' through 'E', that establishes the preferred alignment along
with the contractual rights and responsibilities of both entities. The new PSA calls for the county to
reimburse the city on a monthly basis for twenty percent of the eligible construction costs until Dallas
County cost participation is met. Any remaining funds from Phase 'A' will be carried over and used for
the construction of Phase 'B'. A construction award for Phase 'A' was approved during the December
13, 2005 City Council meeting, and Dallas County participation is anticipated to be around $670,000.
The next step is to implement the PSA with the county. The PSA must be accompanied by a resolution
adopting the preferred alignment as described in Attachment 'A' - Design and Construction Criteria
together with Attachment 'B' - Memorandum of Agreement.
With this agenda item, a copy of the resolution and the Project Supplemental Agreement with
incorporated Attachments 'A' through 'E' are provided. Staff recommends approval of the resolution
and Project Supplemental Agreement necessary to obtain partial funding from Dallas County for the
construction of Sandy Lake Road, Phase 'A".
Staff will be available to answer any questions at the Council meeting.
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, ADOPTING THE APPROVED PREFERRED
ALIGNMENT OF SANDY LAKE ROAD PHASE 'A' (STATE HIGHWAY
121 TO COPPELL ROAD NORTH) AS DESCRIBED IN ATTACHMENT
'A' - DESIGN AND CONSTRUCTION CRITERIA TOGETHER WITH
ATTACHMENT 'B' - MEMORANDUM OF AGREEMENT ATTACHED
TO THE PROJECT SUPPLEMENTAL AGREEMENT TO MASTER
AGREEMENT GOVERNING TRANSPORATION MAJOR CAPITAL
IMPROVEMENT PROJECTS AND AUTHORIZING THE MAYOR TO
EXECUTE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Sandy Lake Road project (S.H. 121 to Denton Tap Road) was approved
for partial funding through the Major Capital Improvement Program for fiscal year (FY) 2006,
and the Master Agreement was implemented on April 24, 2001; and
WHEREAS, the design consultant, Teague Nall and Perkins, was directed to prepare the
construction plans in two phases, Phase 'A' (S.H. 121 to Coppell Road N.) and Phase 'B' (Coppell
Road N. to Denton Tap Road) in order to initiate construction of Phase 'A' prior to Phase 'B'; and
WHEREAS, Dallas County had previously agreed to only participate in the construction
of Phase 'B' and the preferred alignment for Phase 'B' was adopted by Resolution No. 2005-
0712.3 dated July 12, 2005; and
WHEREAS, Dallas County has now agreed to participate in the construction of Phase 'A'
and to carry over and use any remaining funds from Phase 'A' for the construction of Phase 'B';
and
WHEREAS, a public meeting for Phase 'A' was held on December 7, 2004 for the
purpose of reaching a consensus on the design and alignment of the project as presented in the
schematic design plans dated December 2001; and
WHEREAS, the approved preferred alignment for Sandy Lake Road Phase 'A' is
described in Attachment 'A' - Design and Construction Criteria together with Attachment 'B' -
Memorandum of Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
514
SECTION 1.That the City Council of the City of Coppell hereby adopts the approved
preferred alignment for Sandy Lake Road, Phase 'A', which is attached hereto, and incorporated
herein as Attachment 'A' - Design and Construction Criteria and Attachment 'B' - Memorandum
of Agreement, and that the Mayor is hereby authorized to execute the resolution providing for
such adoption.
SECTION 2.This Resolution shall become effective immediately from and after its
passage, as the law and charter in such cases provide.
DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this
the _______ day of _______________, 2006.
APPROVED:
DOUGLAS N. STOVER, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
DEPT: Finance
DATE: January 24, 2006
ITEM #: 9/D
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a Resolution to impose the additional collection penalty in April for
business personal property taxes that become delinquent on February 1, 2006, according to the Texas Property Tax
Code Section 33.11, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY: Staff recommends approval of this resolution to implement Section 33.11 of the
Texas Property Tax Code. This will allow us to turn over the city of Coppell’s delinquent business personal
property tax accounts to our delinquent tax collection law firm sixty (60) days after the delinquency date.
Currently, we are turning our delinquent business personal property tax accounts over to our tax collection law
firm approximately one hundred fifty (150) days after the delinquency date.
State Law has been changed to turn over the business personal property tax accounts earlier due to the mobility of
inventory and equipment. This should increase our ability to collect the delinquent business personal property
taxes while the company is still in business and the personal property is still located within the city of Coppell.
This will not effect any real property or residential tax accounts.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: $1TaxPenalty-1AR(Consent)
Austin • Beaumont • Brownsville • Chicago (IL) • Conroe • Corpus Christi • Corsicana • Dallas • Denver (CO) • Dublin (OH) • Edinburg • El Paso
Fort Worth • Harrisburg (PA) • Houston • Jacksonville (FL) • Longview • Los Angeles (CA) • Lufkin • Memphis (TN) • Miami (FL) • Odessa
Philadelphia (PA) • Phoenix (AZ) • Richmond (VA) • San Angelo • San Antonio • Texas City • The Woodlands • Tyler • Victoria • Waco
LINEBARGER GOGGAN BLAIR & SAMPSON, LLP
ATTORNEYS AT LAW
UNIVISION CENTER
SUITE 1600
2323 BRYAN STREET
DALLAS, TEXAS 75201
______________________
(214) 880-0089
(800) 441-0960
FAX (214) 754-7167
December 22, 2005
Chad Beach
Assistant Director of Finance
City of Coppell
255 Parkway Blvd
Coppell, Texas 75019
Dear Mr. Beach:
This letter is to advise you of new legislation passed during the recent 79th Session of the Texas
Legislature. The Legislature passed House Bill 2491, its omnibus property tax bill. Among the
provisions is one which allows a taxing entity to turn over, to its delinquent tax law firm,
delinquent personal property accounts as early as sixty (60) days after the February 1st
delinquency date and to impose the delinquent collection penalty to defray the costs of
collection. For purposes of the 2005 delinquent accounts (for bills that are sent out in October
2005), that 60-day turnover would be April 4, 2006.
This legislation is beneficial to taxing entities because it allows the collection process to start
three months earlier on personal property. Unlike real estate, business personal property is
mobile and often disappears. Many times, businesses close or move prior to our collection
efforts. The April start, as opposed to the July start, will increase the opportunities to collect
delinquent taxes from these businesses while they are still in business.
The law now allows the City of Coppell to impose the twenty percent (20%) delinquent
collection penalty on the business personal property accounts turned over in April and thereby
fund the early collection efforts. The delinquent taxpayer, and not the City, will bear the cost of
the collection effort.
To take advantage of the early turnover, three steps must be taken:
(1) The taxing entity must take official action to impose the early penalty;
(2) Notice of the penalty must be given to the delinquent taxpayer during the month of
February 2006; and
Page 2
(3) The City’s delinquent tax collection contract with our law firm must be amended to
provide for early turnover of personal property delinquencies.
Dallas County adopted the early turnover of delinquent personal property taxes and the
attachment of the additional collection penalty on September 20, 2005. A copy of the
Commissioner’s Court Order is attached.
We recommend that the City of Coppell adopt this legislative change and take advantage of this
opportunity. From a customer service standpoint, we believe it will be less confusing if all
taxing jurisdictions adopt the same turnover schedule for personal property. From an operational
standpoint, it will be more efficient and effective if our law firm is able to contact delinquent
taxpayers through mailings, collection phone calls, and site visits in a coordinated fashion.
I have included a Draft Resolution and Contract Amendment for your review. We look
forward to discussing this legislative change and how it would impact your City. We are
coordinating our efforts with the attorneys of Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
in cities such as Coppell where they serve as the City Attorney. If you have questions or desire
further information, please do not hesitate to contact me.
Sincerely,
Edward Lopez
Attorney
cc: Stephanie Tumlison, City of Coppell Tax Assessor-Collector
Mary Sue Daniel, LGB&S Client Liaison
RESOLUTION
THE STATE OF TEXAS §
COUNTY OF DALLAS §
WHEREAS, THE CITY OF COPPELL (“CITY”) wishes to defray its costs of
collection, as authorized by TEX. TAX CODE § 33.11, that it incurs under the
contract and amendment thereto for collection of delinquent property taxes
between CITY and LINEBARGER GOGGAN BLAIR & SAMPSON, LLP in
association with NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
(”FIRM”) entered into pursuant to TEX. TAX CODE § 6.30;
WHEREAS, under said Section 33.11, the governing body of CITY is
empowered to authorize the addition of a collection penalty in an amount that
does not exceed the amount of the compensation specified in the contract
with FIRM;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
SITTING AS THE GOVERNING BODY OF SAID CITY, THAT:
Section 1: THE RECITALS SET FORTH IN THIS RESOLUTION ARE
TRUE AND CORRECT.
Section 2: AN ADDITIONAL PENALTY ON DELINQUENT TAXES FOR
TAX YEARS 2005 AND SUBSEQUENT YEARS IS HEREBY AUTHORIZED
AND IMPOSED, AS PROVIDED BY SECTION 33.11, TEXAS PROPERTY
TAX CODE, IN THE AMOUNT OF 20% OF THE DELINQUENT TAX,
PENALTY AND INTEREST IF THE TAX BECOMES DELINQUENT ON
FEBRUARY 1 OF A YEAR AND REMAINS DELINQUENT ON THE 60TH
DAY THEREAFTER.
PASSED, APPROVED and ADOPTED this ________ day of
___________________, 2006.
CITY OF COPPELL
BY:__________________________
Douglas N. Stover, Mayor
ATTEST:
_____________________________
Libby Ball, City Secretary
DEPT: Finance
DATE: January 24, 2006
ITEM #: 9/E
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of an amendment to the existing contract for collection of delinquent taxes
between the City of Coppell and Nichols, Jackson, Dillard, Hager & Smith, LLP and Linebarger, Goggan, Blair &
Sampson, LLP, and authorizing the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY: This amendment will allow the city of Coppell to turn over our delinquent business
personal property tax accounts approximately three months earlier. This will allow the delinquent tax collection
law firm to start the process earlier before a business closes or moves the business personal property out of
Coppell. This will only be for business personal property, real property and residential accounts will not be part of
the early turn over period.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: $2TaxCollect-1AR(Consent)
Austin • Beaumont • Brownsville • Chicago (IL) • Conroe • Corpus Christi • Corsicana • Dallas • Denver (CO) • Dublin (OH) • Edinburg • El Paso
Fort Worth • Harrisburg (PA) • Houston • Jacksonville (FL) • Longview • Los Angeles (CA) • Lufkin • Memphis (TN) • Miami (FL) • Odessa
Philadelphia (PA) • Phoenix (AZ) • Richmond (VA) • San Angelo • San Antonio • Texas City • The Woodlands • Tyler • Victoria • Waco
LINEBARGER GOGGAN BLAIR & SAMPSON, LLP
ATTORNEYS AT LAW
UNIVISION CENTER
SUITE 1600
2323 BRYAN STREET
DALLAS, TEXAS 75201
______________________
(214) 880-0089
(800) 441-0960
FAX (214) 754-7167
December 22, 2005
Chad Beach
Assistant Director of Finance
City of Coppell
255 Parkway Blvd
Coppell, Texas 75019
Dear Mr. Beach:
This letter is to advise you of new legislation passed during the recent 79th Session of the Texas
Legislature. The Legislature passed House Bill 2491, its omnibus property tax bill. Among the
provisions is one which allows a taxing entity to turn over, to its delinquent tax law firm,
delinquent personal property accounts as early as sixty (60) days after the February 1st
delinquency date and to impose the delinquent collection penalty to defray the costs of
collection. For purposes of the 2005 delinquent accounts (for bills that are sent out in October
2005), that 60-day turnover would be April 4, 2006.
This legislation is beneficial to taxing entities because it allows the collection process to start
three months earlier on personal property. Unlike real estate, business personal property is
mobile and often disappears. Many times, businesses close or move prior to our collection
efforts. The April start, as opposed to the July start, will increase the opportunities to collect
delinquent taxes from these businesses while they are still in business.
The law now allows the City of Coppell to impose the twenty percent (20%) delinquent
collection penalty on the business personal property accounts turned over in April and thereby
fund the early collection efforts. The delinquent taxpayer, and not the City, will bear the cost of
the collection effort.
To take advantage of the early turnover, three steps must be taken:
(1) The taxing entity must take official action to impose the early penalty;
(2) Notice of the penalty must be given to the delinquent taxpayer during the month of
February 2006; and
Page 2
(3) The City’s delinquent tax collection contract with our law firm must be amended to
provide for early turnover of personal property delinquencies.
Dallas County adopted the early turnover of delinquent personal property taxes and the
attachment of the additional collection penalty on September 20, 2005. A copy of the
Commissioner’s Court Order is attached.
We recommend that the City of Coppell adopt this legislative change and take advantage of this
opportunity. From a customer service standpoint, we believe it will be less confusing if all
taxing jurisdictions adopt the same turnover schedule for personal property. From an operational
standpoint, it will be more efficient and effective if our law firm is able to contact delinquent
taxpayers through mailings, collection phone calls, and site visits in a coordinated fashion.
I have included a Draft Resolution and Contract Amendment for your review. We look
forward to discussing this legislative change and how it would impact your City. We are
coordinating our efforts with the attorneys of Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
in cities such as Coppell where they serve as the City Attorney. If you have questions or desire
further information, please do not hesitate to contact me.
Sincerely,
Edward Lopez
Attorney
cc: Stephanie Tumlison, City of Coppell Tax Assessor-Collector
Mary Sue Daniel, LGB&S Client Liaison
STATE OF TEXAS )
)
)
COUNTY OF DALLAS )
AMENDMENT NO. 2
TO THE CONTRACT (“Contract”) BETWEEN
CITY OF COPPELL AND
LINEBARGER GOGGAN BLAIR & SAMPSON, LLP
IN ASSOCIATION WITH
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
WHEREAS, on May 19, 2001, the City of Coppell (hereinafter “CITY”) executed a
Contract between the CITY and the law firm of Linebarger Goggan Blair & Sampson, LLP
(formerly known as Linebarger Heard Goggan Blair Graham Peña & Sampson, LLP) in association
with Nichols, Jackson, Dillard, Hager & Smith, L.L.P. (hereinafter “FIRM”); and on January 27,
2004 approved Amendment No.1 to the Contract; and
WHEREAS, CITY wishes to turnover delinquent personal property taxes at the earliest
practicable date and wishes to defray its costs of collection as authorized by Texas Property Tax
Code Section 33.11;
NOW THEREFORE, by execution of this Amendment No. 2, the Contract is amended
hereby as set forth below.
I.
The following language is hereby substituted for Section I of the Contract and Section 2.1
of Amendment No. 1 to the Contract:
CITY agrees to employ and does hereby employ FIRM to enforce by suit or otherwise the
collection of all delinquent taxes, penalty and interest owing to CITY, provided current year taxes
falling delinquent within the period of this contract shall become subject to its terms on the first day
of July of the year in which the same shall become delinquent, except as otherwise provided herein.
CITY further agrees to employ and does hereby employ FIRM on a mutually agreed upon basis,
to enforce by suit or otherwise the collection of select land- based receivables and other
miscellaneous delinquent receivable accounts that occur independently of property tax
delinquencies. Employment of FIRM in connection with the land-based and other receivables is
on a selective basis and based upon criteria jointly approved by CITY and FIRM. Costs associated
with litigation and post-judgment collection of the receivables, including court costs, abstracts of
judgment, filing fees for releases of judgment, and publication costs for citations shall be paid by
CITY. On behalf of CITY, FIRM will seek recovery of costs associated with such litigation and
Page 2
post judgment collection activities. Pending property tax suits may be amended to include select
land-based receivable accounts identified by the CITY as becoming delinquent before such suits are
reduced to judgment. Lawsuits and bankruptcy cases filed before the first day of July shall include
current year taxes as allowed by law. Such taxes are also subject to the terms of this contract.
Further, in the case of delinquent tangible personal property, on the 60th day after the February 1
delinquency date, such taxes are subject to this contract.
II.
The following language is hereby substituted for Section VI of the Contract and Section 2.3
of Amendment No. 1 to the Contract:
CITY agrees to pay to FIRM as compensation for services required herein the following
amounts:
(a) fifteen (15%) of the amount collected of all 2002 and prior year delinquent taxes,
penalty and interest that are subject to the terms of this contract, actually
collected and paid to the collector of taxes during the term of this contract, as and
when collected; and
(b) twenty percent (20%) of the amount collected of all 2003 and subsequent year
delinquent taxes, penalty and interest that are subject to the terms of this contract,
actually collected and paid to the collector of taxes during the term of this
contract, as and when collected.
The CITY may at its sole discretion turn over to the FIRM selected accounts for collection
prior to July 1, except as otherwise provided in Section I of this Amendment No. 2. The CITY
agrees to pay the FIRM as compensation for collection activities on these accounts, including tax
seizures pursuant to which the compensation is a cost of seizure, an amount equal to twenty percent
(20%) of the taxes, penalty and interest actually collected.
In bankruptcy proceedings, eminent domain proceedings or other federal receivership, the
FIRM will be entitled to a fee of twenty percent (20%) of all amounts actually collected and paid
to the CITY for the tax year 2003 and subsequent years. The CITY agrees to pay to FIRM as
compensation hereunder fifteen percent (15%) of the amount of all delinquent taxes, penalty and
interest for the tax years 2002 and prior.
CITY agrees to pay to FIRM as compensation for land-based and miscellaneous receivable
account collection services required hereunder twenty percent (20%) of all amounts (representing
the principal owed, plus interest thereon) collected from debtors or recovered through foreclosure
of liens on debtor’s property under this section.
All compensation above provided for shall become the property of the FIRM at the time
payment of taxes, penalty and interest or other receivable is made to the collector. The CITY shall
pay over to FIRM said funds monthly by check.
Page 3
III.
EFFECT OF THE AMENDMENT
By execution of this Amendment No. 2, the Contract is amended. No other sections,
provisions, clauses or conditions of the Contract are waived or changed hereby and they shall all
remain in full force and effect throughout the term of the Contract and any duly authorized
extensions.
IN WITNESS WHEREOF, by their signatures below, the duly authorized representatives
of City of Coppell and of Linebarger Goggan Blair & Sampson, LLP do hereby agree and append
this Amendment No. 2 to the Contract dated May 19, 2001 and the Amendment No. 1 to the
Contract dated January 27, 2004.
EXECUTED THIS the ________ day of _________________, 2006.
LINEBARGER GOGGAN NICHOLS, JACKSON, DILLARD,
BLAIR & SAMPSON, LLP HAGER & SMITH, L.L.P.
_______________________________ _______________________________
DeMetris Sampson, Partner Robert Hager, Partner
CITY OF COPPELL, TEXAS
_______________________________
CITY MANAGER: Jim Witt
ATTEST
________________________________
CITY SECRETARY: Libby Ball
DEPT: Finance
DATE: January 24, 2006
ITEM #: 10
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of the Comprehensive Annual Financial Report for the fiscal year ending
September 30, 2005.
GOAL(S):
EXECUTIVE SUMMARY: The audit firm of Grant Thornton will present the results of the financial audit.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: $CAFR-1AgendaRequest
DEPT: City Manager's Office
DATE: January 24, 2006
ITEM #: 11
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and
Historic Coppell Properties, Ltd., and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
City Council conducted a Public Hearing regarding the designation of Reinvestment Zone No. 48 on December 13,
2005. The Coppell Economic Development Committee unanimously recommended approval of this abatement
agreement request on July 6, 2005. The agreement provides a 75% abatement of real and tangible personal
property for a period of 5 years.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !Historic Coppell Properties Lot 1
Resolution - 1AR
1 62981
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE
TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND
BETWEEN THE CITY OF COPPELL, TEXAS AND HISTORIC COPPELL
PROPERTIES, LTD.; 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 between the City of Coppell, Texas and Historic Coppell Properties, Ltd., 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 62981
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 ________________, 2006.
CITY OF COPPELL, TEXAS
___________________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
___________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
____________________________________
CITY ATTORNEY
(PGS/si 01/13/06)
Tax Abatement Agreement/Historic Properties, Inc.
Lot 1, Block 1 –PAGE 1
75264
STATE OF TEXAS §
§ TAX ABATEMENT AGREEMENT
COUNTY OF DALLAS §
This Tax Abatement Agreement (the “Agreement”) is entered into by and between the City
of Coppell, Texas (the “City”), and Historic Coppell Properties, Inc. (“Owner”), 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. 48 (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, Owner’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
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
Tax Abatement Agreement/Historic Properties, Inc.
Lot 1, Block 1 –PAGE 2
75264
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:
Article I
Definitions
Wherever used in this Agreement, the following terms shall have the meanings ascribed to
them:
“Base Year Taxable Value” shall mean the Taxable Value for the Land for the year in
which the Tax Abatement Agreement is executed (2006).
“Commencement of Construction” shall mean that (i) the construction plans for the
medical office building have been prepared and all approvals thereof required by applicable
governmental authorities have been obtained; and (ii) all necessary permits for construction of
the medical office building pursuant to the respective plans therefore having been issued by all
applicable governmental authorities.
“Completion of Construction” shall mean: (i) substantial completion of the medical office
building; and (ii) a final certificate of occupancy has been issued for the medical office building.
“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.
“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 the Improvements, unless
otherwise agreed by the parties.
“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.
Tax Abatement Agreement/Historic Properties, Inc.
Lot 1, Block 1 –PAGE 3
75264
“Improvements” shall mean the contemplated improvements to be constructed on the Land
and as further described herein.
“Land” means the real property described in Exhibit A.
“Premises” shall collectively mean the Land and Improvements but excluding Tangible
Personal Property.
“Related Agreements” shall collectively mean the Tax Abatement Agreement and the
Restriction Agreement.
“Restriction Agreement” shall mean that certain restriction agreement between the Owner
and the Coppell Economic Development Foundation effective as of the date of the Company’s
closing of the purchase of the Land from the Coppell Economic Development Foundation.
“Tangible Personal Property” shall mean tangible personal property, equipment and
fixtures owned by or leased by Owner, other than inventory or supplies, located on the Premises
subsequent to the execution of this Agreement.
“Taxable Value” means the appraised value as certified by the Appraisal District as of
January 1 of a given year.
Article II
General Provisions
2.1 Owner is under contract to purchase or is the owner of 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 locate Tangible Personal Property (hereinafter defined) on the
Premises.
2.2 The Premises are not in an improvement project financed by tax increment bonds.
2.3 This Agreement is entered into subject to the rights of the holders of outstanding
bonds of the City.
2.4 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.
Article III
Tax Abatement Authorized
3.1 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.
Tax Abatement Agreement/Historic Properties, Inc.
Lot 1, Block 1 –PAGE 4
75264
3.2 Subject to the terms and conditions of this Agreement, the City hereby grants Owner
an abatement of seventy-five percent (75%) of the Taxable Value of the Improvements and seventy-
five percent (75%) of the Taxable Value of the Tangible Personal Property for a period of five (5)
consecutive years beginning the First Year of Abatement. The actual percentage of Taxable Value
of the Improvements subject to abatement 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.
3.3 The period of tax abatement herein authorized shall be for a period of five (5)
consecutive years.
3.4 During the period of tax abatement herein authorized, Owner shall be subject to all
taxation not abated, including but not limited to, sales tax and ad valorem taxation on land,
inventory and supplies.
Article IV
Improvements
Owner owns, or is under contract to lease, the Land and intends to construct or caused to be
constructed thereon a medical office building containing approximately 16,697 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”). Owner intends to locate Tangible Personal Property on the
Premises. Nothing in this Agreement shall obligate Owner to construct the Improvements on the
Land or to locate Tangible Personal Property on the Premises but said actions are a condition
precedent to Owner’s tax abatement pursuant to this Agreement.
Article V
Construction of Improvements
5.1 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, subject to
events of Force Majeure cause Commencement of Construction of the Improvements to occur on or
before 120 calendar days after the date Owner closes its purchase of the Land from the Coppell
Economic Development Foundation and to cause Completion of Construction of the Improvements
to occur on or before twelve (12) calendar months thereafter.
5.2 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 medical office building for a period of five (5) years
commencing on the date the final certificate of occupancy is issued for the Owner’s occupancy of
the Improvements.
5.3 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
Tax Abatement Agreement/Historic Properties, Inc.
Lot 1, Block 1 –PAGE 5
75264
the construction of the Improvements are in accordance with this Agreement and all applicable state
and local laws and regulations (or valid waiver thereof).
Article VI
General Requirements
6.1 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.
6.2 After completion of the Improvements, Owner shall certify in writing to the City the
construction cost of the Improvements. Owner shall before May 1 of each calendar year that the
Agreement is in effect, certify in writing to the City that it is in compliance with each term of the
Agreement.
6.3 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.
6.4 Owner agrees, subject to events of Force Majeure or (“Casualty”), to continuously
own, and occupy the Improvements for a period of at least five (5) consecutive years beginning the
First Year of Abatement.
Article VII
Default: Recapture of Tax Revenue
7.1 In the event Owner: (i) fails to complete the Improvements in accordance with this
Agreement or in accordance with applicable State or local laws, codes or regulations; (ii) has
delinquent ad valorem or sales taxes owed to the City (provided Owner retains its right to timely
and properly protest such taxes or assessment); (iii) has an “Event of Bankruptcy or Insolvency”;
or (iv) breaches any of the terms and conditions of this Agreement or the Related Agreements, then
Owner 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 Owner shall, within thirty (30)
days after demand, pay to the City all taxes which otherwise would have been paid by the Owner to
the City without benefit of a tax abatement for the Owner’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
Owner, its successors and assigns and shall constitute a tax lien against the Owner’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.
7.2 Upon breach by Owner of any obligations under this Agreement, the City shall
notify the Owner in writing, who shall have thirty (30) days from receipt of the notice in which to
Tax Abatement Agreement/Historic Properties, Inc.
Lot 1, Block 1 –PAGE 6
75264
cure any such default. If the default cannot reasonably be cured within a thirty (30) day period, and
the Owner has diligently pursued such remedies as shall be reasonably necessary to cure such
default, then the City may extend the period in which the default must be cured.
7.3 If the Owner 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 Owner.
7.4 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 the Tangible Personal Property, without tax
abatement for the years in which tax abatement hereunder was received by the Owner, 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.
Article VII
Miscellaneous
8.1 Annual Application for Tax Exemption. 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.
8.2 Notice. 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:
Historic Coppell Properties, Inc.
Attn: Tony Swaldi,
301 Meadow Creek Road
Coppell, Texas 75019
If intended for City, to:
Attn: City Manager
City of Coppell, Texas
P.O. Box 9478
Coppell, Texas 75019
Tax Abatement Agreement/Historic Properties, Inc.
Lot 1, Block 1 –PAGE 7
75264
With copy to:
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
8.3 Severability. 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.
8.4 Applicable Law. 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. The parties agree to submit to the personal and subject matter jurisdiction of said
court..
8.5 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.
8.6 Entire Agreement. 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.
8.7 Recordation of Agreement. A certified copy of this Agreement shall be recorded in
the Deed Records of Dallas County, Texas.
8.8 Incorporation of Recitals. The determinations recited and declared in the
preambles to this Agreement are hereby incorporated herein as part of this Agreement.
8.9 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all
purposes wherever reference is made to the same.
8.10 Chamber of Commerce. During the term of this Agreement, Owner agrees to
maintain continuous corporate membership in the Coppell Chamber of Commerce.
8.11 Conditions Precedent. This Agreement and the parties respective obligations,
are subject to and contingent upon: (i) Owner closing its purchase of the Land from the Coppell
Tax Abatement Agreement/Historic Properties, Inc.
Lot 1, Block 1 –PAGE 8
75264
Economic Development Foundation on or before ______________________, 2006; and (ii) the
Coppell Economic Development Foundation closing its purchase of the Land from the City.
EXECUTED in duplicate originals the ____ day of ________, 2006.
City of Coppell, Texas
By: ______________________________________
Douglas N. Stover, Mayor
Attest:
By: _______________________________________
Libby Ball, City Secretary
Agreed as to Form:
By:
City Attorney
(PGS/si 062105)(75264)
EXECUTED in duplicate originals the ____ day of ________, 2006.
Historic Coppell Properties, Inc.
By: _______________________________________
Tony Swaldi, President
Tax Abatement Agreement/Historic Properties, Inc.
Lot 1, Block 1 –PAGE 9
75264
City’s Acknowledgment
State of Texas §
§
County of Dallas §
This instrument was acknowledged before me on the _____ day of _______________,
2006, by Douglas Stover, Mayor of the City of Coppell, Texas, a Texas municipality, on behalf of
said municipality.
___________________________________
Notary Public, State of Texas
My Commission Expires:
_________________________
Owner’s Acknowledgment
State of Texas §
§
County of Dallas §
This instrument was acknowledged before me on the _______ day of ___________,
2006, by Tony Swaldi the President of Historic Coppell Properties, Inc. a Texas corporation on
behalf of said corporation.
Notary Public, State of _________
My Commission Expires:
Tax Abatement Agreement/Historic Properties, Inc.
Lot 1, Block 1 –PAGE 10
75264
Exhibit “A”
Legal Description of Land
DEPT: City Manager's Office
DATE: January 24, 2006
ITEM #: 12
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Economic Development Incentive Agreement between the City of Coppell and Historic
Coppell Properties, Ltd., and authorizing the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
This Economic Development Agreement grants Historic Coppell Properties a waiver of 50% of the building
permit fees and a waiver of 50% of the Roadway Impact fees.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !HCP Economic Development
Agreement - 1AR
Decem
Historic Coppell Properties, Inc. Economic Development Agreement - Page 1 78823
STATE OF TEXAS §
§ ECONOMIC DEVELOPMENT AGREEMENT
§
COUNTY OF DALLAS §
This Economic Development Agreement (“Agreement”) is made by and between the City
of Coppell, Texas (the “City”), and Historic Coppell Properties, Inc., (“Company”), acting by and
through their respective authorized officers.
WITNESSETH:
WHEREAS, Company has or intends to purchase the real property described in Exhibit
“A” (hereinafter defined) and to construct a medical office building thereon (hereinafter defined
as the Improvements); 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 Company had advised the City that a contributing factor that would
induce the Company to purchase the Land and construct 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 the necessary infrastructure for the Improvements; 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
This Agreement shall be effective on the date of execution hereof by the City and the
Company (“Effective Date”) and shall continue until the Expiration Date (hereinafter defined),
unless sooner terminated as provided herein.
Article II
Definitions
Wherever used in this Agreement, the following terms shall have the meanings ascribed to
them:
Decem
Historic Coppell Properties, Inc. Economic Development Agreement - Page 2 78823
“Building Permit Fee Waiver” shall mean a waiver of 50% of the costs
“City” shall mean the City of Coppell, Texas.
“Company” shall mean Historic Coppell Properties, Inc.
“Commencement Date” shall mean the date a final certificate of occupancy is issued for
Company’s occupancy for the Improvements.
“Commencement of Construction” shall mean that (i) the construction plans for the
Improvements have been prepared and all approvals thereof required by applicable governmental
authorities have been obtained; and (ii) all necessary permits for construction of the
Improvements pursuant to the respective plans therefore having been issued by all applicable
governmental authorities.
“Completion of Construction” shall mean: (i) substantial completion of the Improvements;
and (ii) a final certificate of occupancy has been issued for the Improvements.
“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.
“Effective Date” shall mean the last date of execution hereof.
“Expiration Date” shall mean the 5th anniversary date of the Commencement Date.
“Force Majuere” 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.
“Grants” shall collectively mean the Impact Fee Waiver and Building Permit Fee Waiver as
set forth herein.
“Impact Fee Waiver” shall mean a waiver of the collection of 50% of the roadway
impact fees to be assessed, if any, against the Land.
"Improvements" shall mean a medical office building to be constructed on the Land
containing approximately 16,697 square feet of space (and other ancillary facilities such as
reasonably required parking and landscaping more fully described in the submittals filed by the
Company with the City from time to time in order to obtain a building permit).
Decem
Historic Coppell Properties, Inc. Economic Development Agreement - Page 3 78823
“Impositions” shall mean all taxes, including real estate and ad valorem 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.
“Land” means the real property described in Exhibit A.
“Premises” shall collectively mean the Land and the Improvements following
construction thereof.
“Related Agreements” shall collectively mean the Tax Abatement Agreement and the
Restriction Agreement.
“Restriction Agreement” shall mean that certain restriction agreement between the
Company and the Coppell Economic Development Foundation effective as of the date of the
Company’s closing of the purchase of the Land from the Coppell Economic Development
Foundation.
“Required Use” shall mean the continuous ownership of the Land and the Company’s
continuous operation of a medical office building containing approximately 16,697 square feet.
“Tax Abatement Agreement” shall mean that certain tax abatement agreement by and
between the City and Company of approximate even date herewith.
Article III
Economic Development Grants
3.1 Company owns, or is under contract to purchase, the Land and intends to
construct or caused to be constructed thereon a medical office building containing approximately
16,697 square feet of space (and other ancillary facilities such as reasonably required parking and
landscaping more fully described in the submittals filed by Company with the City from time to
time in order to obtain a building permit) (“Improvements).
3.2 The Company agrees, subject to events of Force Majeure, to cause
Commencement of Construction of the Improvements to occur on or before 120 calendar days
after the date Company closes its purchase of the Land from the Coppell Economic Development
Foundation and to cause Completion of Construction of the Improvements to occur on or before
twelve (12) calendar months thereafter.
3.3 Impact Fee Waiver. The City agrees to provide a waiver of the collection
of fifty percent (50%) of the impact fees to be assessed, if any, by the City against the Land (the
“Impact fee Waiver”). The parties acknowledge and agree that if impact fees are not assessed
against the Land, that the City shall not be required to pay any remaining or unused portion of
Decem
Historic Coppell Properties, Inc. Economic Development Agreement - Page 4 78823
the Impact Fee Waiver in cash or cash equivalent to Company or any other party, or to apply any
remaining or unused portion of the Impact Fee Waiver against any other fees assessed or to be
assessed by the City against any other property owned by Company. The Impact Fee Waiver
expires on the Expiration Date or the date of termination if sooner terminated.
3.4 Building Permit Fee Waiver. The City agrees to provide a waiver of the
collection of fifty percent (50%) of the building permit fees to be imposed, if any, by the City for
the Company’s construction of the Improvements from the Effective Date through and including
Completion of Construction of the Improvements (the “Building Permit Fee Waiver”).
3.5 Continuous Operation. During the term of this Agreement following the
Commencement Date and continuing thereafter until termination of this Agreement the Company
agrees to continuously lease own, and occupy the Improvements and Company agrees that it shall
not use the Improvements for any purpose other than the Required Use and that the Company shall
not allow the operation 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 Majuere.
3.6 The Company agrees that during the term of this Agreement and as a
condition precedent to payment of the Grants that it shall not have an uncured breach or default of
this Agreement or of the Related Agreements.
Article IV
Termination
4.1 This Agreement shall terminate upon any one of the following:
(a) by written agreement of the parties;
(b) on the Expiration Date;
(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;
(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);
and
(f) by City, if any subsequent Federal or State legislation or any decision of a
court of competent jurisdiction declares or renders this Agreement invalid,
illegal or unenforceable.
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4.2 In the event the Agreement is terminated by the City, pursuant to Section 4.1(b),
(c), (d), (e), or (f) the Company shall immediately repay to the City an amount equal to all Grants
paid by the City to the Company prior to the date of such termination plus the rate of interest
periodically announced by the Wall Street Journal as the prime or base commercial lending rate,
or if the Wall Street Journal shall ever cease to exist or cease to announce a prime or base
lending rate, then at the annual rate of interest from time to time announced by Citibank, N.A.
(or by any other New York money center bank selected by the City) as its prime or base
commercial lending rate, from the Effective Date until paid. The repayment obligation of
Company set forth in this section 4.2 shall survive termination.
Article V
Miscellaneous
5.1 Current Revenue. The Grants made hereunder shall be paid solely from
lawfully available funds that have been appropriated by the City. Under no circumstances shall
the City 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 any Grants unless the City
appropriates funds to make such payment during the budget year in which the Grants are
payable; provided that during the term of this Agreement the City shall use its best efforts to
obtain and appropriate funds for payment of the Grants for the ensuing fiscal year. All payments
of the Grants are subject to appropriation of funds for such payments in the budget year for
which they are made. The Grants shall be paid solely from annual appropriations from the
general funds of the City or from such other funds of the City as may be legally set aside for such
purpose consistent with Article III, Section 52(a) of the Texas Constitution, as amended. In the
event the City does not appropriate funds in any fiscal year for which payment of a Grant is due
under this Agreement, the City shall not be liable to Company for such payments and Company
shall have the right but not the obligation to terminate the Agreement.
5.2 Binding Agreement. The terms and conditions of this Agreement are binding
upon the successors and permitted assigns of the parties hereto. This Agreement may not be
assigned without the express written consent of the City Manager.
5.3 Limitation on Liability. It is understood and agreed between the parties that the
Company, in satisfying the conditions of this Agreement, has 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, excluding actions of third parties with whom Company has not contracted with
or whom are not injured on the Land or within the Improvements.
5.4 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.
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5.5 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.
5.6 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
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
If intended for the Company:
Historic Coppell Properties, Inc.
Attn: Tony Swaldi,
301 Meadow Creek Road
Coppell, Texas 75019
5.7 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.
5.8 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. The parties agree to submit to the personal and subject matter jurisdiction of
said court.
5.9 Amendment. This Agreement may only be amended by the mutual written
agreement of the parties.
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5.10 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.
5.11 Recitals. The recitals to this Agreement are incorporated herein.
5.12 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.
5.13 Exhibits. All exhibits to this Agreement are incorporated herein by reference for
all purposes wherever reference is made to the same.
5.14 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.
5.15 Conditions Precedent. This Agreement and the parties respective obligations,
are subject to and contingent upon: (i) the Company closing its purchase of the Land from the
Coppell Economic Development Foundation on or before ______________________, 2005; and
(ii) the Coppell Economic Development Foundation closing its purchase of the Land from the
City.
EXECUTED on this _______ day of _____________________, 2005.
City of Coppell, Texas
By:
Douglas N. Stover, Mayor
Attest:
By:
Libby Ball, City Secretary
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Approved as to Form:
By:
City Attorney
(01/13/06)
EXECUTED this the _________ day of ______________________, 2005.
Historic Coppell Properties, Inc.
By: _______________________________________
Name: Tony Swaldi
Title: President
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Historic Coppell Properties, Inc. Economic Development Agreement - Page 9 78823
CITY’S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of _______________,
2005, by Douglas N. Stover, Mayor of the City of Coppell, Texas, a Texas municipality, on behalf
of said municipality.
___________________________________
Notary Public, State of Texas
My Commission Expires:
_________________________
COMPANY’S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALAS §
This instrument was acknowledged before me on the _______ day of ___________,
2005, by Tony Swaldi being the President of Historic Properties, Inc., on behalf of said
Corporation.
Notary Public, State of ___________
My Commission expires:
___________________________
Exhibit “A”
Legal description of Land
DEPT: Human Resources
DATE: January 24, 2006
ITEM #: 13
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval to purchase from Philpott Motors, Inc. one (1) 2006 Ford F250 CC Pick-up
Truck in the amount of $24,952.00 for the Parks Department and a 2006 Ford F450 Cab/Chassis Truck in the
amount of $36,884.00 for the Streets Department through an Inter-local agreement with HGAC, and requiring the
City Manager to sign all related documentation.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS: Funds have been budgeted in the Streets Motor Vehicle account and Ballfield
Maintenance Motor Vehicle account for this purchase.
Agenda Request Form - Revised 09/04 Document Name: Ford Pick-Up Trucks (2)
MEMORANDUM
TO:Vivyon Bowman, Director Administrator of Human Resources
FROM: Jerod Anderson, Purchasing Agent
DATE:January 13, 2006
REF: HGAC Purchase
The City of Coppell would like to purchase from Philpott Motors, Inc. one (1) 2006 Ford F250
CC Pick-up Truck for the Parks Department and a 2006 Ford F450 Cab/Chassis for the Streets
Department through an Inter-local agreement with HGAC. The purchase is permitted under the
authority of Chapter 271 V.T.C.A, Local Government Code, Cooperative Purchasing Program
and Sections 791.001-791.029 of the Texas Government Code. The total purchase of the two
vehicles will exceed $50,000 and will go to council January 26, for their approval.
End User: Philpott Rep:
Contact: Date:7-Nov-05
Product Description:
A. Bid Series:BA 18,383.00$
B. Published Options [Itemize each below]
Code Bid Price Code Bid Price
W165 171.00$ INCL
99P 3,733.00$ INCL
WTBD2/3 4,616.00$ INCL
INCL INCL
INCL
INCL
572 698.00$ INCL
BBP 481.00$ INCL
60G 427.00$
INCL
SEC 188.00$
512 288.00$
10,602.00$
C. Unpublished Options [Itemize each below, not to exceed 25%] $=22.8 %
Bid Price Bid Price
1,899.00$ 4,109.00$
INCL INCL
INCL INCL
INCL INCL
INCL INCL
INCL INCL
217.00$ INCL
395.00$
6,620.00$
D. Contract Price Adjustment:
E. Delivery Charges:300 miles @ $.93/mile 279.00$
F. Total of A + B + C + D + E = F 35,884.00$
G. Quantity Ordered 1 x F = 35,884.00$
H. H-GAC Administrative Fee [from Fee Schedule, Table B] $1,000.00 PER PURCHASE ORDER 1,000.00$
I. Non-Equip Charges & Credits
J. TOTAL PURCHASE PRICE INCLUDING H-GAC FEE 36,884.00$
CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT
A. Base Price:
A/C
SUPER ENGINE COOLING
VE VINYL BENCH SEAT
RUBBER FLOOR
POWER STEERING
MARK BROCHTRUP
ELECTRIC/HYDRAULIC
DUAL REAR WHEELS
Options
REGULAR CAB 84"CA
DIESEL UPGRADE
2/3 YEAR DUMP BODY
AM-FM RADIO
Options
SPARE TIRE AND WHEEL
Total of C. Unpublished Options:
Total of B. Published Options:
HD ELECTRIC
HD SUSPENSION
BODY PREP PACKAGE
INTEGRATED ELECTRIC BRAKE
Options
Medium and HD Trucks
H-GAC BID HT11-03
CITY OF COPPELL
FORD F450 CAB/CHASSIS
ALAN WILEY
650ASP05 HD 2006 XL PACKAGE
CONTROLLER
ESTIMATED DELIVERY IN 180-240 DAYS
CODE 3 LP6001H AMBER LIGHT BAR
Options
FONTAINE UPGRADE DUMP BODY
HEIL DUMP BODY
KNAPHEIDE KNAP PACK
6-WAY TRAILER PLUG
AS PER YOUR WRITTEN SPECIFICATIONS
BODY BUILDERS PREP PKG
SPECIAL VALUE PACKAGE
15,000 GVWR
2006 MODEL 16,000 GVWR
TRAILER TOW PACKAGE
52B TOW COMMAND FACTORY
RECEIVER W/COMBO PINTLE HITCH
BLACK WRAP-AROUND GRILL GUARD
ABS BRAKES
HEATER-DEFROSTER
5-SPEED AUTOMATIC
SEE UPGRADE BELOW
End User: Philpott Rep:
Contact: Date:25-Oct-05
Product Description:
A. Bid Series:GBP 16,396.00$
B. Published Options [Itemize each below]
Code Bid Price Code Bid Price
LTO 429.00$ DEP 2,995.00$
INCL
572 697.00$ INCL
44B 1,214.00$ INCL
INCL
INCL
INCL
INCL
INCL
INCL
54E 125.00$
92 1,995.00$
7,455.00$
C. Unpublished Options [Itemize each below, not to exceed 25%] $=0.9 %
Bid Price Bid Price
(1,447.00)$ 366.00$
INCL
INCL INCL
INCL
INCL
458.00$
845.00$
222.00$
D. Contract Price Adjustment:
E. Delivery Charges:300 miles @ $.93/mile 279.00$
F. Total of A + B + C + D + E = F 24,352.00$
G. Quantity Ordered 1 x F = 24,352.00$
H. H-GAC Administrative Fee [from Fee Schedule, Table A] $600.00 PER PURCHASE ORDER 600.00$
I. Non-Equip Charges & Credits
J. TOTAL PURCHASE PRICE INCLUDING H-GAC FEE 24,952.00$
1000# LIFTGATE WITH RAMP
LONG BED 4-DOOR
TRAILER TOW PACKAGE
AM-FM RADIO
CLOTH KNIT VINYL SEAT
RUBBER FLOOR
6-WAY TRAILER PLUG
BLACK WRAP-AROUND GRILL GUARD
ESTIMATED DELIVERY IN 90-120 DAYS
Options
FLATBED UPGRADE
STAKE POCKETS
RECEIVER TUBE
CHAIN PROVISIONS
SHIPPED LOOSE
WHELEN STROBE BAR AS PER SPECS
X20 EXTENDED CAB SRW 9200 GVWR
Cars and Light Trucks
H-GAC BID VE10-03
CITY OF COPPELL
2006 FORD F250 CC PICKUP SRW
ALAN WILEY
Total of C. Unpublished Options:
Total of B. Published Options:
DELETE PICKUP BOX 56"CA
FULL SIZE SPARE TIRE
Options
Options
SPECIAL TRANS GROUP
REQUIRED W/AUTOMATIC
A/C AND HEAT
DELUXE FLATBED PACKAGE
Options
CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT
A. Base Price:
FULL SPARE TIRE
TRAILER TOW MIRRORS
HEADACHE RACK
(2) TOOL BOXES
LABOR
MARK BROCHTRUP
AUTOMATIC
DATE: January 24, 2006
ITEM #: 14
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork
DATE: January 24, 2006
ITEM #: 15
AGENDA REQUEST FORM
COUNCIL COMMITTEE REPORTS
A. Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember Tunnell.
B. Coppell ISD – Councilmembers Faught and Suhy.
C. Coppell Seniors – Mayor Pro Tem Brancheau and Councilmember Peters.
D. Dallas Regional Mobility Coalition - Councilmember Peters.
E. Economic Development Committee - Councilmembers Suhy and York.
F. Metrocrest Hospital Authority - Councilmember Tunnell.
G. Metrocrest Medical Foundation - Councilmember Hinojosa-Flores.
H. Metrocrest Medical Services – Councilmember Hinojosa-Flores.
I. Metrocrest Social Service Center – Mayor Pro Tem Brancheau.
J. North Texas Council of Governments - Councilmember Tunnell.
K. NTCOG/Regional Emergency Management - Councilmember Suhy
L. North Texas Commission - Councilmember Peters.
M. Senior Adult Services - Councilmember Faught.
Agenda Request Form - Revised 06/03 Document Name: %ccommreport
DATE: January 24, 2006
ITEM #: 16
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec
CERTIFICATE OF AGENDA ITEM SUBMISSION
Council Meeting Date: January 24, 2006
Department Submissions:
Item No. 9/C was placed on the Agenda for the above-referenced City
Council meeting by the Engineering Department. I have reviewed the
Agenda Request (and any backup if applicable) and hereby submit this item
to the City Council for consideration.
____________________
Engineering Department
Item No. 13 was placed on the Agenda for the above-referenced City
Council meeting by the Human Resources Department. I have reviewed
the Agenda Request (and any backup if applicable) and hereby submit this
item to the City Council for consideration.
____________________
Human Resources Department
Financial Review:
I certify that I have reviewed all the items submitted for consideration on
the Agenda for the above-referenced City Council Meeting and have inserted
any financial comments where appropriate.
____________________
Finance Department
I certify that I have reviewed the complete Agenda and Packet for the
above-referenced City Council Meeting and hereby submit the same to the
City Council for consideration.
____________________
City Manager
(or Deputy City Manager)