RE 10-25-88.3 A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO. 102588.3
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING A
SETTLEMENT AGREEMENT CONCERNING AN ASSESSMENT LEVIED AGAINST TEXAS
UTILITIES ELECTRIC COMPANY PURSUANT TO PAVING AND OTHER CONSTRUCTION
ON BELT LINE ROAD AUTHORIZED BY RESOLUTION NO. 102886.1 AND ORDINANCE
NO. 86-367; AUTHORIZING THE MAYOR TO EXECUTE SUCH AGREEMENT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, Coppell levied an assessment in the amount of $622,539.47 against
Texas Utilities Electric Company and its property (the "assessment") to cover expenses
to be incurred in the paving and other construction of Belt Line Road by Resolution
No. 102886.1 and Ordinance No. $6-367 (the "project"); and
WHEREAS, pursuant to state statute, a city may not collect a street assessment
levied against property within the corporate limits of an adjacent city, in excess of an
amount approved by the adjacent city; and
WHEREAS, said property belonging to Texas Utilities Electric Company lies within
the corporate limits of the City of Dallas; and
WHEREAS, the City of Dallas has by letter dated October 3, 1988, (Exhibit "A"
hereto) advised the City of Coppell that the policy of the City of Dallas in such a case
is to approve no more than the maximum that would be allowed under an assessment by
the City of Dallas, which in this case would be the sum of $125,344.67; and
WHEREAS, Texas Utilities Electric Company has contested the assessment, but
has agreed to settle such assessment for said amount which would be allowable under
assessment by the City of Dallas; and
WHEREAS, the City of Coppell has agreed to accept such sum in settlement of
said disputed assessment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1.
That the City Council of the City of Coppell, Texas, hereby approves and ratifies
its previous approval of the Settlement Agreement between the City of Coppell and
Texas Utilities Electric Company as above mentioned and further authorizes and ratifies
its prior authorization directing the Mayor to execute such agreement settling the
disputed assessment levied against Texas Utilities Electric Company's property for the
sum of $125,344.67.
SECTION 2.
That a copy of this resolution be forwarded to Mr. Clifford V. Keheley, Director
of Public Works of the City of Dallas, Texas, requesting that a resolution be submitted
to the Dallas City Council authorizing the City of Coppe]l to collect said assessment
against Texas Utilities Electric Company and its property in the sum of $125,344.67.
DULY PASSED by the City Council of the City of Coppe]], Texas, on the c~-~
day of October, 1988.
THE CITY OF COPP~I~LL, TEXAS
M AY(~R~
ATTEST:
APPROVED AS TO FORM:
CR88-1015
CERTIFICATE OF AUTHENTICITY
THE STATE OF TEXAS
COUNTY OF DALLAS
CITY OF COPPELL
I, Dorothy Timmons, City Secretary of the City of Coppell, Texas, hereby certify
that the above and foregoing is a full true and correct photographic copy of the original
resolution now in my lawful custody and pessessi~ filed in the office of the Qity
Secretary of the City of Coppell, TeXas, on the~ --day of ~o~'.~ , 19o~
and as the same i$ recorded in my office in the Official Book of Resolutions of the City
of Coppell, Texas, as Resolution Number ,/O~$-o°~'o..~ , Duly passed b_y~ the City Council
of the City of Coppel] on the~:~ay of ~)~ , 19_~_.
I certify on this the ~/~ day of
City Seeretar~,, City of Coppell, Texas
STATE OF TEXAS
COUNTY OF DALLAS
Before me, the undersigned authority, personally appeared Dorothy Timmons, known
to me to be the City Secretary of the City of Coppell, Texas. I hereby certify that she
is the official City Secretary of the City of Coppell, Texas, and her signature to the
foregoing certificate of authenticity is genuine.
I certify on this the _~ ~-~ day of
Nota~ Public Stat~ of Texas
UNDE LEE GRAU
CITY OF DALLAS
October 3, 1988
Mr. Alan Ratliff
City Manager
City of Coppell
P. O. Box 478
Coppell, Texas 75019
Re: Street Assessment Texas Utilities Property Belt Line RDad
Dear Mr. Ratliff:
The paving assessment of $622,537.49 levied by the City of Coppell on
Texas Utilities property within the corporate limits of the City of
Dallas has been reviewed by the Department of Public Works.
Pursuant to state statute, a city may not collect a street asses~aent
levied against property withi~the corporate limits of an adjacent city,
in excess of an ~aount approved by the adjacent city. As stated in
our prior letter, the policy of the City of Dallas in such a case is
to approve no r~re than the maxim~ that w~uld be allowable under an
assessment by the City of Dallas.
The attached analysis by our Paving Assessments Division indicates
that in the above case, the maxim~ allowable under Dallas assessment
for Texas Utilities would be the sum of $125,344.67. The analysis
utilized the infon~ation provided by Schrader and Associates in
conjunction with current City of Dallas paving assessment policies.
We have been info~med by the attorneys for both the City of Coppell
and Texas Utilities that based upon this analysis the City of Coppell
has agreed to limit collection of its assessment against Texas Utilities
to said anount ~hich w~uld be allowable under City of Dallas assessment
policies, and that Texas Utilities has agreed to pey said ~ount as its
portion of such assessment.
EXHIBIT
October 3, 1988
Mr. Alan Ratliff
Page Two ~
Please provide doc~nentation in the form of a council resolution
wherein the City of Coppell directs the City ~nager of Coppell to
execute the settl~ent agreement concerning the ~nount to b~ collected.
Thereafter, a resolution approving collection of assessment in this
amount by the City of Coppell against Texas Utilities property will be
submitted to the Dallas City Council for approval.
Please advise if I can be of further assistance.
Sincerely,
Cl~ff~r~ V. Kehe-Iey /
Director of Public Works
jf
c: Richard Knight, Jr., City Manager
Jim Reid, Assistant City ~nager
Schrader and Associates
2001 Bryan Tower
Suite 3910
Dallas, Texas 75201
Coppell, ~exas 75019
The City With A Beautiful Future 214-462-0022
March 14, 1989
Mr. Calvin B, Reeves
Vice President
Baptist Foundation of Texas
2001 Bryan, Suite 1500
Dallas, Texas 75201-3003
Dear Mr. Reeves:
Thanks for your perseverance and sincere desire to see this project work for the
mutual benefit of the Baptist Foundation of Texas, City of Coppell, Coppell Independent
School District, and Texas A&M. The Coppell City Council and Coppell Independent
School District met in Monday evening, March 13, and gave conceptual endorsement of
the following proposal. This letter serves as our commitment to move forward toward
a final agreement between the Foundation (BFT), the City of Coppall (City), Texas
A&M (A&M), and the Coppell Independent School District (CISD).
Attached hereto as Exhibit "A" is a plat of BFT's Property which is made a part
hereof for nlI purposes, said Exhibit "A" hereinafter called the "plat".
L BFT agrees to:
A. Construct and pave ali interior roads shown on the plat at Foundation
expense, except existing Park Road. Provided, however, BFT shall not be
obligated to construct such roads unless the tax abatement district referred
to in 12 A below is created pursuant to the conditions therein stated, over
BFT's approximate 115 acre tract, for a period of 15 years, and at 100%
of land value.
B. Donate to A&M the 10 acre tract shown on the plat as the University site.
C. Dedicate to City the approximate 6 acre tract shown on the plat as
Grapevine Springs Park.
D. Dedicate to City, as shown on the plat, all Right of Way (R.O.W.) for
the interior roads, Park Road, & Bethel Road.
City agrees to:
A. Create, to the extent such can be legally accomolished, a Tax Abatement
District on BFT's approximate 115 acre tract shov/n on the plat. Abatement
to be 100% of land value for 15 years. Abatement to be on the land
only. All improvements to be taxed at full assessment. Abatement to be
passed on to individual purchasers until abatement period runs out.
I XHIBIT-
Abatement period to become effective on date of ground breaking for
university complex. Rollback tax shall be payable no later than the date
of ground breaking for the university complex.
B. Exempt BFT and its site purchasers from the payment of any street
assessment for construction costs of Bethel Road made against property
BFT owns on the south side of Bethel Road as shown on the plat. This
exemption to include any assessment against BFT's property south of Bethel
Road for costs of the Bethel Road bridge structure as shown on the plat.
The exemption shall apply only to property owned by BFT on the date of
preliminary plat approval. Should BFT acquire future properties that front
on Bethel Road, the property will be subject to any City assessment.
C. Provide and pave the left turn lanes at the existing, planned median breaks
on Denton Tap Road which are adjacent to BFT's property on the east side.
D. Adjust the R.O.W. alignment of Bethel/Denton Tap intersection so as not
to overly penalize BFT for additional R.O.W. beyond an agreed dedication
of an additional 5 feet for Bethel R.O.W. The intent is to minimize the
distance needed, as prudent engineering judgment will allow, to bring the
road back into the center of Bethel i~..O.W. Expectations are that this
could be accomplished within 100 to 200 feet. In addition, any unused
!~..O.W., dedicated by BFI to bring the road back into the center of Bethel
I:[.O.W. (in the event Bethel Road is not built out to current expectation
of 6-lane width) will be deeded back to the property owner owning frontage.
E. Progress toward a goal which will culminate in the construction of a
building for A&M on the university site at no expense to BFT. The deed
of Conveyance from BFT to A&M shall contain a provision that if a
building of 30,000 or more square feet is not under construction for Texas
A&M on the site within two years from date of deed, the land and any
improvements thereon will revert to BFT,
F. Prior to commencement of any improvement on the University Site, BFT
or its developer shall have the right to review the architectural design of
the facility for conformity to planned development of the whole 11S-acre
tract.
CISD agrees to:
A. Create, to the extent such can be legally accomplished, a Tax Abatement
District on BFT's approximate 115 acre tract shown on the plat. Abatement
to be 100% of land value for 15 years. Abatement to be on the land
only. Ail improvements to be taxed at full assessment. Abatement to be
passed on to individual purchasers until abatement period runs out.
Abatement period to become effective on date of ground breaking for
university complex. Rollback tax shall be payable no later than the date
of ground breaking for the university complex.
IV. If the University Building is not under construction within two years from date
of deed:
A. BFT will not be required to donate the 10-acre tract and road construction
will not be required.
B. Assessment exemption listed herein will not apply.
C. The Tax Abatement District will not be created or if created will not
become effective.
D. The commitments of ail parties, BFT, CISD, City and A&M shall terminate
without any liability as between the parties, except as to the commitments
between BFT and City as set out in subpart "E" below.
E. BFT's dedication of Grapevine Springs Park to City shall not terminate
and City shall remain obligated to construct the ]eft turn lanes on Denton
Tap Road. Also, termination of the basic commitments hereinabove
expressed would not have any automatic effect on zoning.
Again, as in my previous letter, it is to be noted that this letter of commitment,
if signed by you, the City, and CISD, is based upon mutual trust and cooperation in an
effort to bring a very positive development opportunity to the community. We have
been open and up-front with each other in formulating this trust. Let's continue to
move forward with the execution of this project and the successful development of this
115-acre tract.
If this meets with the approval of the Baptist Foundation of Texas please execute
the enclosed copies and return then to me.
Very truly yours,
Coppell Independent School District
Baptist Foundation of Texas
Calvin B. Reeves, Vice President
CK$9-0313
BAPTIST FOUNDATION of TEXAS
(:ALVIN B. REEVES
April 21, 1989
Lou Duggan, Mayor
City of Coppell, Texas
P. O. Box 478
Coppell, Texas 75019
Judi Baggett, President
Coppell Independent School District
1201 Wrangler Drive
Coppell, Texas 75019
Dear Ms. Baggett and Mr. Duggan:
Since your letter to the Baptist Foundation of Texas of March 14, 1989
concerning the proposed reinvestment zone and tax abatement for the 115 acres
of property of the Foundation in the City of Coppell, it has been brought to all of
our attention that part of the proposed abatement might be a legal problem
resulting from two different senate bills passed by the 70th Legislature
concerning these matters.
We have met with your attorneys and with you to discuss these matters and
as a result of those meetings and of our further study of the economics of this
matter, we will proceed along the lines set forth in your letter of March 14,
1989, except that the abatement will not apply to current taxes paid on the land
(whether based on agricultural use or market valuation) to the City and School
District. The taxes abated, being the difference between current taxes paid on
the land and taxes that would otherwise be due thereon except for the
abatement, would apply only to the 115 acres of land and would not apply to
buildings or other improvements placed thereon.
We understand that this is acceptable to you and to acknowledge that, I
would appreciate it if you would please sign and return one copy of this letter.
Upon receipt of a signed copy of this letter, our attorneys, Burford &
Ryburn, will proceed to prepare the first draft of the proposed Guidelines and
Criteria for the reinvestment zone to be the 115 acres of property now owned by
Baptist Foundation of Texas. Upon approval by all three parties of the
Ms. Judi Baggett
Mr. Lou Duggan
April 21, 1989
Page 2
Guidelines and Criteria, we will then prepare an agreement between the parties
and all of us shall proceed to take the necessary steps to adopt the requisite
ordinances to effectuate the agreement and the Guidelines and Criteria.
Please let me hear from you at your earliest opportunity.
Sincerely,
Calvin B. Reeves
AGREED:
CITY OF COPPE~, TEXAS
"-L"5'u~D uggan, M~ ~o$- '
COPPELL INDEPENDENT SCHOOL DISTRICT
~j~di Baggett, P r~j.~t
CBR/jo