CP 2006-12-12
NOTICE OF CITY COUNCIL MEETING AND AGENDA
DECEMBER 12, 2006
DOUG STOVER, BILLY FAUGHT, Place 5
Mayor Mayor Pro Tem
TIM BRANCHEAU, Place 1 MARSHA TUNNELL, Place 4
JAYNE PETERS, Place 2 MARVIN FRANKLIN, Place 6
BRIANNA HINOJOSA-FLORES, Place 3 BILL YORK, Place 7
JIM WITT, City Manager
MEETING TIME AND PLACE:
Call to Order 5:30 p.m. Council Chambers (Open to the Public)
Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public)
Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public)
Regular Session 7:00 p.m. Council Chambers (Open to the Public)
Notice is hereby given that the City Council of the City of Coppell, Texas will
meet in Regular Called Session on Tuesday, December 12, 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,; and CB Parkway Business
Center, et al vs. City of Coppell, et al.; and City of Dallas vs.
Douglas Stover, et al in the 191st District Court; and City of
Coppell, et al vs. City of Dallas, et al in the 101st District Court.
B. Section 551.072, Texas Government Code - Deliberation regarding
Real Property.
1. Acquisition of property west of Coppell Road and south of
Bethel.
C. Section 551.087, Texas Government Code – Economic
Development Negotiations.
1. Economic Development Prospects on the west side of
Coppell.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Review of meeting with local businesses on December 4 regarding
alcohol provisions.
B. Discussion regarding the Nature Park.
C. Review and Discussion of proposed Natural Gas Drilling Ordinance
and related items.
D. Discussion regarding appropriate zoning and land use for the
Ardinger Tract.
E. Update on Visionary and Strategic Work Effort.
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.
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ITEM # ITEM DESCRIPTION
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
6. Pledge of Allegiance.
7. Citizens' Appearances.
CONSENT AGENDA
8. Consider approval of the following consent agenda items:
A. Consider approval of minutes: November 28, 2006.
B. Consider approval of a 911 Public Safety Answering Point
Telephone System Upgrade with Verizon Vesta at an approximate
cost of $170,584.00, to be paid from the designated fund balance
from the E-911 Fund; and authorizing the City Manager to sign.
C. Consider approval of an Ordinance for PD-106R-SF-9, Hidden Valley,
Lot 6, Block C, zoning change request from PD-106-SF-9 (Planned
Development-106 Single Family-9) to PD-106R-SF-9 (Planned
Development-106 Revised-Single Family-9), to allow for a pool and
deck to be constructed along the rear property line, providing a
variance to the required 5-foot setback, at 479 Hidden Valley Drive,
and authorizing the Mayor to sign.
D. Consider approval of an Ordinance for Case No. S-1170R2, Mariachi
Grill with Private Club, zoning change request from S-1170R (Special
Use Permit-1170 Revised) to S-1170R2 (Special Use Permit 1170
Revision 2), to allow an approximate 2,200-square-foot restaurant
with private club to be located at 761 S. MacArthur, Suite 101, and
authorizing the Mayor to sign.
E. Consider approval of an Ordinance for text amendments to
Chapter 12 Zoning of the Code of Ordinances, Sec. 12-42-1,
revising the definitions of Convenience Store and Retail Stores and
Shops, Sec. 12-29-3, Sign Regulations, prohibiting neon signs being
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ITEM # ITEM DESCRIPTION
visible from outside of the building, except for “open” signs, and
various revisions to Sec. 12-30-16, SUP regulations for Restaurants.
F. Consider approval of an Ordinance for a text amendment to
Chapter 12, Zoning of the Code of Ordinances, amending Sec. 12-
32A-3(K) deleting reference to requiring the mailing of public
notices for telecommunication facility beyond the notification
required for similar rezonings, as prescribed by state law, reducing
the notification area to 200 feet, and authorizing the Mayor to sign.
END OF CONSENT
9. PUBLIC HEARING:
Consider approval of granting a variance of seventy (70') feet to Tetco
Stores from the 300-foot prohibited requirement under Ordinance No.
2006-1143, Article 6-16, Section 6-16-2 of the Code of Ordinances, to a
business selling or offering for sale alcoholic beverages, with a business
address being 1301 E. Beltline.
10. PUBLIC HEARING:
Consider approval of the designation of a reinvestment zone pursuant to
Section 312.201 of the Property Redevelopment and Tax Abatement Act.
The property to be considered for Reinvestment Zone designation is the
property owned by Cabot II – TX1L01, LP, described as Block A, Lots 2R of
Amberpoint Business Park at Coppell (64.29 acres) and located at the
southwest corner of Sandy Lake Road and Freeport Parkway.
11. Consider approval of an Ordinance designating Cabot II – TX1L01, LP,
Reinvestment Zone No. 53, and authorizing the Mayor to sign.
12. Consider approval of a Resolution approving a Tax Abatement
Agreement between the City of Coppell and Cabot II – TX1L01, LP, and
authorizing the Mayor to sign.
13. PUBLIC HEARING:
Consider approval of the designation of a reinvestment zone pursuant to
Section 312.201 of the Property Redevelopment and Tax Abatement Act.
The property to be considered for Reinvestment Zone designation is the
property owned by Texas Dugan Limited Partnership, described as Lot 4R,
Block A, Freeport North Addition (6.405 acres) and located on Royal Lane,
approximately 1,200 feet north of Bethel Road.
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ITEM # ITEM DESCRIPTION
14. Consider approval of an Ordinance designating Texas Dugan Limited
Partnership, Reinvestment Zone No. 56, and authorizing the Mayor to sign.
15. Consider approval of a Resolution approving a Tax Abatement
Agreement between the City of Coppell and Texas Dugan Limited
Partnership, and authorizing the Mayor to sign.
16. PUBLIC HEARING:
Consider approval of the designation of a reinvestment zone pursuant to
Section 312.201 of the Property Redevelopment and Tax Abatement Act.
The property to be considered for Reinvestment Zone designation is the
property owned by Coppell Commerce Center, Ltd. with personal
property owned by DaVita Rx, Inc., described as Block D, Lots 1R & 1R1 of
the Northlake 635 Business Park Addition(32.83 acres) and located at the
southwest corner of Belt Line Road and Wrangler Drive.
17. Consider approval of an Ordinance designating Coppell Commerce
Center, Ltd. (DaVita Rx, Inc.), Reinvestment Zone No. 54, and authorizing
the Mayor to sign.
18. Consider approval of a Resolution approving a Tax Abatement
Agreement between the City of Coppell and DaVita Rx, Inc., and
authorizing the Mayor to sign.
19. PUBLIC HEARING:
Consider approval of the designation of a reinvestment zone pursuant to
Section 312.201 of the Property Redevelopment and Tax Abatement Act.
The property to be considered for Reinvestment Zone designation is the
property owned by International Business Machines Corporation,
described as Block 5, Lots 1 & 2 of the Park West Commerce
Center(29.2871 acres) and located at the northwest corner of Belt Line
Road and Wrangler Drive.
20. Consider approval of an Ordinance designating International Business
Machines Corporation, Reinvestment Zone No. 50, and authorizing the
Mayor to sign.
21. Consider approval of a Resolution approving a Tax Abatement
Agreement between the City of Coppell and International Business
Machines Corporation, and authorizing the Mayor to sign.
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ITEM # ITEM DESCRIPTION
22. PUBLIC HEARING:
Consider approval of the designation of a reinvestment zone pursuant to
Section 312.201 of the Property Redevelopment and Tax Abatement Act.
The property to be considered for Reinvestment Zone designation is the
property owned by Industrial Developments International Texas, L.P.,
described as Lot 1, Block 1 of Belt Line Trade Center (27.072 acres) and
located on the north side of Belt Line Road, east of Denton Tap Road.
23. Consider approval of an Ordinance designating Industrial Developments
International Texas, L.P., Reinvestment Zone No. 52, and authorizing the
Mayor to sign.
24. Consider approval of a Resolution approving a Tax Abatement
Agreement between the City of Coppell and Industrial Developments
International Texas, L.P., and authorizing the Mayor to sign.
25. Consider approval of an Economic Development Agreement by and
between the City of Coppell and Kimberly-Clark Global Sales, Inc. , and
authorizing the Mayor to sign.
26. PUBLIC HEARING:
Consider approval of Case No. ZC-620 The Duke Lesley Addition, zoning
change request from A (Agriculture) to LI (Light Industrial) on Block A,
containing 111.6 acres of property and HC (Highway Commercial) on
Blocks B and C, containing 72.9 acres of property to allow the
development of mixed uses, including retail, office, hotel and light
industrial (office/warehouse) on a total of 184.5 acres of property located
at the northwest corner of IH-635 and Beltline Road at the request of Duke
Realty LP, being represented by Jack Evans, Pacheco Koch Consulting
Engineers.
27. Consider approval of the Duke Lesley Addition, Blocks A, B and C,
Preliminary Plat, to establish Blocks A, B and C, allowing for the submission
of final plats prior to the development on 184.5 acres of property located
at the northwest corner of IH-635 and Beltline Road at the request of Duke
Realty LP, being represented by Jack Evans, Pacheco Koch Consulting
Engineers.
28. Consider approval of the Duke Lesley Addition, Final Plat of Lesley Drive
and the Extension of Dividend Drive and two building sites, Lots 1 & 2,
Block C, to allow the construction of West Point Blvd. and the extension of
Dividend Drive, containing approximately 11.54 acres of property, platting
of Lots 1 & 2 containing 17.394 and 5.05 acres respectively, located north
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ITEM # ITEM DESCRIPTION
of IH-635 and west of Beltline Road at the request of Duke Realty LP, being
represented by Jack Evans, Pacheco Koch Consulting Engineers.
29. Consider approval of an Ordinance for Case No. PD-216-H, Robertson
Pools, zoning change request from H and SF-12 (Historic and Single Family-
12) to PD-216-H (Planned Development-216-Historic), to approve a detail
Site Plan, to allow a 1,740-square-foot expansion to an existing 3,120-
square-foot building, construction of a 4,970-square-foot building, outside
storage and additional parking on approximately 2.65 acres of property
located at 569 Coppell Road, north of Bethel Road, and authorizing the
Mayor to sign.
30. Consider approval of accepting the resignation of Wendy Dunn from the
Library Board and appointing a member to fill the unexpired term.
31. Necessary action resulting from Work Session.
32. City Manager's Report.
A. Capital Facilities Update.
B. Old Town Update.
33. Mayor and Council Reports.
A. Report by Mayor Stover regarding the Metroplex Mayors’ Meeting.
34. Necessary Action Resulting from Executive Session.
Adjournment.
____________________________________
Douglas N. Stover, Mayor
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
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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).
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KEY TO COUNCIL GOALS ICONS
2007
Economic Development
• Promote highest and best use of Lesley tract
• Continue to explore large tract development options
• Continue “hot spot” focus
• Refine “Old Coppell” vision
• Assess use/sale/acquisition of City property
• Develop strategy to attract and retain high value office/retail/development
Quality Public Facilities & Infrastructure
• Explore funding sources for IMF
• Implement ½-cent sales tax reallocation for parks
• Continue focus on local/regional transportation efforts
• Provide quality park and recreation facilities
Excellent City Services & High Citizen Satisfaction
• Continue strategic planning for future costs of service delivery
• Timely response with quality service delivery
• Optimize citizen communication efforts
• Promote citizen involvement
• Actively participate in the legislative process
Sense of Community
• Develop and support community special events
• Encourage and evaluate teen initiatives
• Reassess viability of City cemetery
• Evaluate services and programs for senior citizen community
• Continue support for social services benefiting Coppell citizens
• Continue partnership with public entities serving our community
Fiscal Stability
• Continue and refine financial planning and forecasting
• Continue systematic management of debt and expenditures
• Balance expenditures with ability to maintain over time
• Perform cost analysis on all approved projects and programs prior to implementation
• Minimize potential impact of external factors and developments
Neighborhood Integrity & Code Enforcement
• Maintain communication with neighborhoods and the community
• Update Master Plan and Zoning as required
• Continue proactive neighborhood integrity programs
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: December 12, 2006
ITEM #: ES-2
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,; and CB
Parkway Business Center, et al vs. City of Coppell, et al.; and City of Dallas
vs. Douglas Stover, et al in the 191st District Court; and City of Coppell, et
al vs. City of Dallas, et al in the 101st District Court.
B. Section 551.072, Texas Government Code – Deliberation regarding Real
Property.
1. Acquisition of property west of Coppell Road and south of Bethel.
C. Section 551.087, Texas Government Code – Economic Development
Negotiations.
1. Economic Development Prospects on the west side of Coppell.
Agenda Request Form - Revised 02/04 Document Name: %executivesession
AGENDA REQUEST FORM
DATE: December 12, 2006
ITEM #: WS-3
WORK SESSION
A. Review of meeting with local businesses on December 4 regarding alcohol
provisions.
B. Discussion regarding Nature Park.
C. Review and Discussion of proposed Natural Gas Drilling Ordinance and
related items.
D. Discussion regarding appropriate zoning and land use for the Ardinger Tract.
E. Discussion of Agenda Items.
Agenda Request Form - Revised 02/04 Document Name:
%worksession
AGENDA REQUEST FORM
PARKS AND RECREATION BOARD
MEMORANDUM
Date: December 4, 2006
To: Mayor and City Council
From: Parks and Recreation Board
Re: Board Support of a Nature Center for Wagon Wheel Park.
Background:
The Coppell Park Board has been working with a group of citizens in support of a Nature
Park located in Wagon Wheel Park. This group is comprised of a number of local
students, citizen volunteers, and CISD teachers. The idea of a Nature Park in Coppell has
been considered for many years, was formalized into a real project by several students
working through the Kiwanis Club and was brought to the Park Board for consideration
as the plans came together. A Nature Center has been near the top of the Project Priority
List for the Park Board for the past couple of years in anticipation of this exciting
prospect coming to the forefront.
The idea of a Coppell Nature Park was first formalized with the creation of an Ad Hoc
Learning Park Committee in 1996. The Committee generated a report recommending the
many community benefits of a proposed Wagon Wheel Nature Preserve. This report
preceded the city’s purchase of the Wagon Wheel property. The focus of the property, of
course, became the solution to the ball field problem created when CISD cancelled the
lease allowing the city to use the area behind the Middle School West campus for
baseball. With the push to get ball fields constructed, the idea of a Nature Preserve was
quickly placed on the back burner. This idea lay under the radar until the Kiwanis Club
began talking to CISD students, community leaders and the Parks and Recreation
Department in 2003 about the prospect of reviving this initiative.
As a result of these discussions, the Coppell Nature Park Mentoring Committee was
formed with a focus on student involvement relating to the Service Learning Initiative at
CISD. In excess of 75 adult “mentors” have taken on various roles on the committee,
necessitating dividing the committee into 19 separate sub-committees, each specializing
in a distinct component of the Nature Park. Sub-committees tackled issues such as trail
design and layout, trail amenities, signage, education center design, bridges, specie
identification, and many others. The result of these efforts is an intensely focused group
of volunteers ready to get things done. And have they gotten things done.
A series of nature trails have already been constructed and educational signage,
directional signage, seating, and bat houses have been installed. All this has been
completed with volunteer labor and donated materials. Two major components still in
the planning phases are an observation deck, and an Education Center. The Mentoring
Committee is working toward obtaining donations of materials for the observation deck,
and has the labor lined up and ready to get started when the materials are secured. This
will be a wood deck overlooking the creek, which will serve as an instruction area and a
spot to take in the natural environment. The proposed Education Center is also in the
planning stages and the Mentoring Committee has requested Park Board endorsement of
the idea. In fact, the Park Board discussed this item at their regularly scheduled
September 5, 2006 meeting and gave the Committee their endorsement of the idea of a
facility at Wagon Wheel Park, without designating a specific location within the Park.
The benefits that such a facility will offer the community are many. A building for
nature studies and observations allows for the opportunity for the city’s environmental
and eco-education programs to be located here, learning opportunities about the local
woodland, grassland and stream habitats within the urban environment, and increased
outdoor education for the science and other classes within the city education system. The
youth of the community can benefit from learning experiences, interactions with our
dwindling natural areas, and opportunities for community service projects.
As was mentioned earlier, the idea behind the creation of a Coppell Nature Park has been
entirely a grass roots project. The Park Board has remained informed of the progress
through regular updates from the committee and presentations regarding the dream for a
facility. One aspect of the project that particularly appeals to the Park Board is that after
the proper approvals are received from the city to proceed, the committee will apply for
grant funds to construct a building. Representatives from the committee have indicated
that they have no intention that the city fund the project. They are simply looking for the
official endorsement of the city so that any grant application can include permission from
the property owner to construct the facility.
City Council Action requested:
The Park Board is making their collective voices heard of the endorsement of this
project. City Council action requested is to likewise endorse the idea of an Education
Center, which will become the hub of the Coppell Nature Park, to be located in Wagon
Wheel Park. The Park Board and the Parks and Recreation Department will work with
the Committee to determine the best location, and bring to City Council for approval with
a review of the revised master plan for the park.
From: Bill York
To:JWITT@ci.coppell.tx.us
Date: 12/4/2006 8:24:08 AM
Subject: Real Property
I would like to see the property formerly known as the Ellington come back as a work session item. We
need to discuss the possibilities of where it may go or develop. December meeting would be fine with me.
Thanks
Bill
Bill York
City Council
Place 7
From: Tim Brancheau
To:JWITT@ci.coppell.tx.us
Date: 12/3/2006 12:52:51 PM
Subject: Ellington Place
Jim,
Please consider this as my request to place on the December 12 work session portion of the council
agenda discussion regarding the appropriate land use of the Ardinger Tract, commonly known as
Ellington Place.
Thank, Tim
DATE: December 12, 2006
ITEM #: 7
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
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Secretary
December 12, 2006
8/A
✔
PROCEDURAL
Consider approval of minutes: November 28, 2006.
Minutes of the City Council meeting held on November 28, 2006.
Staff recommends approval.
%minutes
MINUTES OF NOVEMBER 28, 2006
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, November 28, 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
Billy Faught, Mayor Pro Tem
Tim Brancheau, Councilmember
Jayne Peters, Councilmember (late arrival)
Brianna Hinojosa-Flores, Councilmember
Marsha Tunnell, Councilmember
Marvin Franklin, Councilmember
Bill York, Councilmember
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,; and CB Parkway
Business Center, et al vs. City of Coppell, et al.; and
City of Dallas vs. Douglas Stover, et al in the 191st
District Court; and City of Coppell, et al vs. City of
Dallas, et al in the 101st District Court
B. Section 551.072, Texas Government Code - Deliberation
regarding Real Property.
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1. Acquisition of real property for construction of
water line improvements.
2. Acquisition of real property for construction of
Bethel Road improvements.
C. Section 551.087, Texas Government Code – Economic
Development Negotiations.
1. Economic Development Prospects on the west side
of Coppell.
D. Section 551.074, Texas Government Code - Personnel
Matters.
1. City Manager Evaluation.
2. Deputy City Manager Evaluation.
Councilmember Peters arrived prior to convening Executive Session.
Mayor Stover convened into Executive Session at 5:41 p.m. as allowed
under the above-stated article. Mayor Stover recessed the Executive
Session at 6:34 p.m. and opened the Work Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Presentation by architect regarding the Site Layout for
the Senior/Community Center.
B. Request by Mr. Madden with Coppell Girls’ Softball
Association regarding sponsorships.
C. 2007 Legislative Agenda.
D. DFW Airport Revenue Sharing and Economic
Development.
E. Update on Visionary and Strategic Work Effort.
F. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Councilmember Franklin led those present in the Invocation.
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6. Pledge of Allegiance.
Mayor Stover led those present in the Invocation.
7. Citizens' Appearances.
There were no citizens signed up to speak under this item.
CONSENT AGENDA
8. Consider approval of the following consent agenda items:
A. Consider approval of minutes: November 14, 2006
November 15, 2006.
B. Consider approval of awarding a contract to Gomez Floor
Covering for the Town Center carpet replacement project
in an amount of $112,752.70, as budgeted in the
Infrastructure Maintenance Fund.
C. Consider approval for the purchase of a replacement
backhoe for the Utility Operations Division from
Equipment Support Services, Inc., in an amount of
$78,595.78 as budgeted.
D. Consider approval for the purchase of a replacement
dump truck for the Utility Operations Division from Rush
Truck Centers of Texas, L.P., in an amount of $79,732.00
as budgeted.
E. Consider approval of entering into supplemental
agreements with TXU Electric Delivery Company for
street lighting services on West Sandy Lake Road, from
S.H. 121 to Coppell Road, and on Royal Lane, south of
Sandy Lake Road, in an amount of $65,800.86 as
provided for in CIP funds; and authorizing the City
Manager to sign.
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F. Consider approval of awarding Bid #Q-0906-02 for the
Exterior Overcoating of Water Tower One to N.G.
Painting, L.P., in an amount of $80,000, as budgeted.
G. Consider approval of a Resolution amending Resolution
No. 010996.3, as heretofore amended, with regard to fire
protection fees, food establishment fees, mobile food
vending fees and special event fees, and authorizing the
Mayor to sign.
Action:
Councilmember Tunnell moved to approve Consent Agenda Items A, B,
C, D, E, F, and G carrying Resolution 2006-1128.1. Councilmember
Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem
Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores,
Tunnell, Franklin and York voting in favor of the motion.
Item 12 was considered at this time. See Item 12 for minutes.
9. PUBLIC HEARING:
Consider approval of the designation of a reinvestment zone
pursuant to Section 312.201 of the Property Redevelopment
and Tax Abatement Act. The property to be considered for
Reinvestment Zone designation is the property owned by Texas
Dugan Limited Partnership, described as Lots 2R1 and 2R2,
Block A, Duke-Freeport Addition (16.510 acres) and located at
the NWC of Bethel Road and Freeport Parkway.
Presentation:
Mindi Hurley, Economic Development Coordinator, 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.
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Page 4 of 10
Action:
Councilmember Faught moved to close the Public Hearing and approve
the designation of a reinvestment zone pursuant to Section 312.201 of
the Property Redevelopment and Tax Abatement Act. The property to be
considered for Reinvestment Zone designation is the property owned by
Texas Dugan Limited Partnership, described as Lots 2R1 and 2R2, Block
A, Duke-Freeport Addition (16.510 acres) and located at the NWC of
Bethel Road and Freeport Parkway. Councilmember Peters seconded the
motion; the motion carried 7-0 with Mayor Pro Tem Faught and
Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin
and York voting in favor of the motion.
10. Consider approval of an Ordinance designating Texas Dugan
Limited Partnership, Reinvestment Zone No. 51, and
authorizing the Mayor to sign.
Presentation:
Mindi Hurley, Economic Development Coordinator, made a presentation
to the Council.
Action:
Councilmember Franklin moved to approve:
Item 10
Ordinance No. 2006-1144 designating Texas Dugan Limited Partnership,
Reinvestment Zone No. 51, and authorizing the Mayor to sign;
and
Item 11
Resolution No. 2006-1128.2 approving a Tax Abatement Agreement
between the City of Coppell and Texas Dugan Limited Partnership, and
authorizing the Mayor to sign.
Councilmember York seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Faught and Councilmembers Brancheau, Peters,
Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the
motion.
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Page 5 of 10
11. Consider approval of a Resolution approving a Tax Abatement
Agreement between the City of Coppell and Texas Dugan
Limited Partnership, and authorizing the Mayor to sign.
This item was considered under Item 10. See Item 10 for minutes.
12. Presentation by Lorell Stewart regarding police patrols on
Denton Tap Road.
Presentation:
Lorell Stewart made a presentation regarding traffic and protecting
students.
Nazem Mrznazi addressed council regarding his concerns over the traffic
on Denton Tap.
Items 14 and 15 were considered at this time. See Items 14 and 15 for
minutes.
13. Necessary action resulting from Work Session.
There was no action necessary under this item.
14. Mayor and Council Reports.
A. Report by Councilmember Tunnell regarding Lewisville
ISD Veteran’s Day Recognition.
A. Councilmember Tunnell reported she had attended the Veteran’s
Day Ceremony at LISD where they recognized the families of four
Lewisville students who have lost their lives in the current war.
15. Council Committee Reports.
A. Carrollton/Farmers Branch ISD/Lewisville ISD –
Councilmember Tunnell.
B. Coppell ISD – Mayor Pro Tem Faught and Councilmember
York.
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Page 6 of 10
C. Coppell Seniors – Mayor Pro Tem Faught and
Councilmember Brancheau.
D. Dallas Regional Mobility Coalition - Councilmember
Peters.
E. Economic Development Committee - Councilmembers
Peters and Franklin.
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 – Councilmember York.
J. North Texas Council of Governments - Councilmember
Peters.
K. NTCOG/Regional Emergency Management -
Councilmember Franklin.
L. North Texas Commission - Councilmember Brancheau.
M. Senior Adult Services – Mayor Pro Tem Faught.
A. Councilmember Tunnell advised that LISD would be holding early
education screening the coming week; the first day of school for
both LISD and CFBISD would be August 27; Riverchase
Elementary of CFBISD is hosting an angel tree at the school;
recruiting is being done for the academies; and the education
foundation had a fundraising breakfast which raised $100,000.
B. Mayor Pro Tem Faught reported that CISD was very supportive of
the crosswalk changes; the Board approved staff to explore some
concepts for an academy at the high school level. Mayor Stover
recognized the Band’s performance at their recent competition and
commented on the football team and volleyball team.
C. There was no report on this item.
D. Councilmember Peters stated that all the transportation groups
have been working on their legislative agendas; the Texas
Transportation Commission will be returning to the North Texas
Region in January.
E. Councilmember Franklin reported the committee had met and
approved an abatement for a medical office facility at SH 121 and
Denton Tap; Hard Eight has steel going up; discussions continue
regarding Old Coppell.
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Page 7 of 10
F. There was no report on this item.
G. There was no report on this item.
H. There was no report on this item.
I. Councilmember York advised the Holiday Open House would be
Thursday, December 14 from 5:30 to 7:00 at 2540 Old Denton
Road.
J. There was no report on this item.
K. There was no report on this item.
L. Councilmember Brancheau reported that the Commission
continues to meet the troops at DFW Airport.
M. Mayor Pro Tem Faught stated that the Bookworm Bash in
November was a great success; citizens are reminded that there
will be many opportunities to volunteer during the holiday season.
At this time, Council reconvened into Work Session to complete items not
completed in the pre-session.
WORK SESSION (Open to the Public)
16. Convene Work Session
A. Presentation by architect regarding the Site Layout for
the Senior/Community Center.
B. Request by Mr. Madden with Coppell Girls’ Softball
Association regarding sponsorships.
C. 2007 Legislative Agenda.
D. DFW Airport Revenue Sharing and Economic
Development.
E. Update on Visionary and Strategic Work Effort.
F. Discussion of Agenda Items.
At this time, Council reconvened into Executive Session to complete items not
completed in the pre-session.
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Page 8 of 10
EXECUTIVE SESSION (Closed to the Public)
17. 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,; and CB Parkway
Business Center, et al vs. City of Coppell, et al.; and
City of Dallas vs. Douglas Stover, et al in the 191st
District Court; and City of Coppell, et al vs. City of
Dallas, et al in the 101st District Court
B. Section 551.072, Texas Government Code - Deliberation
regarding Real Property.
1. Acquisition of real property for construction of
water line improvements.
2. Acquisition of real property for construction of
Bethel Road improvements.
C. Section 551.087, Texas Government Code – Economic
Development Negotiations.
1. Economic Development Prospects on the west side
of Coppell.
D. Section 551.074, Texas Government Code - Personnel
Matters.
1. City Manager Evaluation.
2. Deputy City Manager Evaluation.
Mayor Stover reconvened into Executive Session at 8:21 p.m. as allowed
under the above-stated article. Mayor Stover adjourned the Executive
Session at 10:31 p.m. and reopened the Regular Session.
REGULAR SESSION (Open to the Public)
Item 13 was considered at this time. See Item 13 for minutes.
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Page 9 of 10
18. Necessary Action Resulting from Executive Session.
Action:
Councilmember Peters moved to authorize the City Manager to
make an earnest money deposit for option amount of $15,000 for
the purchase of real property located at the intersection of Coppell
and Bethel known as the Kirkland House and to authorize the City
Manager to bring back a sales contract for the purchase of said
property. Councilmember Franklin seconded the motion; the
motion carried 7-0 with Mayor Pro Tem Faught and
Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell,
Franklin and York voting in favor of the motion.
Action:
Councilmember Peters moved to approve a three (3%) percent
merit increase for the City Manager calculated on his base salary
prior to 10-1-06 and retroactive back to 10-1-06. Councilmember
York seconded the motion; the motion carried 7-0 with Mayor Pro
Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-
Flores, Tunnell, Franklin and York voting in favor of the motion.
There being no further business to come before the City Council, the
meeting was adjourned.
____________________________________
Douglas N. Stover, Mayor
ATTEST:
____________________________________
Libby Ball, City Secretary
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Page 10 of 10
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Police
December 12, 2006
8/B
✔
CONTRACT/BID or PROPOSAL
Consider approval of a 911 Public Safety Answering Point Telephone System Upgrade with Verizon Vesta at an
approximate cost of $170,584.00, to be paid from the designated fund balance from the E-911 Fund; and authorizing
the City Manager to sign.
Currently the Public Safety Answering Point (PSAP) is utilizing a phone system designed and implemented by Tel
Control, Inc. In February 2006 the City received notification from TCI that they would not provide service for the
system past the date of 07/31/06. In August 2006 the City issued an RFP for a 911 PSAP system upgrade. Verizon Vesta
was recommended by the committee reviewing the proposals. Please see the attached documentation.
Funds are available in Designated Fund Balance - E911 for this purchase.
Staff recommends approval.
)911 PSAP
MEMORANDUM
TO:Roy Osborne, Chief of Police; Gary Nix, Deputy Chief
FROM:Derrick Watson, Lieutenant.
DATE:11-03-2006.
REF:911 Public Safety Answering Point Telephone System Upgrade.
The Coppell Police Department Public Safety Answering Point (PSAP) is currently utilizing a
phone system designed and implemented by Tel Control, Inc. (TCI). TCI is also the vendor that
provided the Department with its current Computer Aided Dispatch (CAD) and Records
Management Systems (RMS). The current telephone system is sufficient to receive National
Emergency Number Association (NENA) Phase I compliance, with most wireless signal
providers. Phase I compliant PSAP phones are able to receive E911 cell phone calls and provide
the dispatcher with a carrier name, cell tower location and call back number. Rest assured that if
you are utilizing a cellular service inside of Coppell and dial 911 for assistance your call will be
routed to a PSAP. NENA phase II compliance, which the current system is unable to provide, is
capable of providing the carrier name, call back number and geographic location based upon the
Global Positioning System chip embedded in most cellular phones. A conservative estimate is
that approximately 60% of calls received by our PSAP are generated by cell phones. This is not
a surprise due to the proliferation of cell phones and the number of vehicles passing through
Coppell on a daily basis. In February 2006 the Department received notification from TCI that
they would not provide service past the date of 07/31/2006 for their telephone system. We made
the decision in June 2006 to publish a Request for Proposal. On Tuesday, August 8, 2006 the
City issued an RFP for a 911 PSAP system upgrade.
Attached to this memorandum is the scoring table for the 911 Public Safety Answering Point
Telephone System Upgrade. Rick Moore, Director of Information Services; Derrick Watson,
Police Lieutenant; and Randal Burkett, Public Safety Dispatch Supervisor reviewed and scored
the bid proposals on Thursday September 28, 2006. From that meeting a rank ordered list was
developed and follow up contact was made with the top four vendors. Additional information
was obtained by site visits and / or demonstrations of the proposed equipment.
The following is a synopsis of the four systems considered:
1. Verizon Vesta – Verizon currently routes all inbound E911 traffic to the Coppell Public
Safety Answering Point. Randal Burkett and Derrick Watson visited the Sherman, Texas
PSAP. Communications Manager Cindy Carr was pleased with the Graphical User Interface,
installation and performance of the Vesta telephone system. It interacted easily with their
current Computer Aided Dispatch system, is NENA phase II compliant, and works in
conjunction with their Verizon phone lines. Sherman is a city of approximately 41,000
people and the call load on their PSAP is similar to the one experienced by Coppell. Their
vendor provides 24/7 technical support and posted their trouble line phone number on the
PSAP terminals. Verizon has 24/7 technical support, via telephone, available and local
system technicians available for on-site visits should an emergency arise. The proposed
system is NENA phase II compliant and should be able to integrate with the current
Computer Aided Dispatch system. Proposed system cost 1st year: $102,909.97.
Maintenance Year 2: $15,701.07. Maintenance Year 3: $16,486.12. Maintenance Year 4:
$17,310.43. Maintenance Year 5: $18,175.95. Estimated total system cost installation +
maintenance for five years: $170,583.54.
2. 911 Quick Link – 911 Quick Link is a Colorado based company that provided digital phone
service for over 250 different organizations. Their system has the ability to interface with
Verizon, is NENA phase II compliant and should be able to interface with our Computer
Aided Dispatch system. Telephone references regarding their system were very positive in
nature. It should be noted that Coppell Public Safety Dispatchers preferred the 911 Quick
Link Graphical Users Interface. 911 had a local technician based in Dallas and available for
service calls as well as 24/7 technical support. On October 27, 2006 Randal Burkett, Derrick
Watson and James Loggins (Information Services) met with representatives from 911 Quick
Link for an on-site demonstration of their system capabilities. The proposed system had
extensive report writing capability, was simple to operate, and maintained data in a SQL
server (familiar to Coppell Information Services). Proposed system cost 1st year:
$94,115.20. Maintenance Year 2: $7906.00. Maintenance Year 3: $7906.00. Maintenance
Year 4: $7906.00. Maintenance year 5: $7906.00. It should also be noted that additional
desired featured such as the Management Information System $5000, Quickprint Wireless
Data Management $5000, Reverse ALI $500, Make Busy Switch $500, Forced
Conference/Observe $2,500 would raise the initial starting cost to $107,615.20. Estimated
total system cost installation + maintenance for five years $139,239.20.
3. Positron Viper – Randal Burkett and Derrick Watson met with Treva Jackson at DFW /
DPS. She has been satisfied with the ability of the system to interface with Verizon. It is of
note that they contract their maintenance through Tarrant County who utilizes ATT for
repairs. The proposed system is NENA phase II compliant and should be able to integrate
with the current Computer Aided Dispatch system. Proposed system cost 1st year:
$112,768.40. Maintenance – 5 years: $94,033.01. Estimated total system cost installation +
maintenance for five years $206,801.41.
4. IPC GEN911 – IPC is the company that purchased our Computer Aided Dispatch vendor
“GEO911”. IPC Command Systems Inc. has a long history of providing digital telephone
service within the financial services industry. Their phone system is designed to integrate
with our current Computer Aided Dispatch system, it is NENA phase II compliant, they have
24/7 telephone support and technicians available in the Dallas area for problems that can’t be
resolved remotely. They are proposing the retention of the current TCI designed Graphical
User Interface (an interface that has proven awkward to use and training intensive) and a
change to the ANI/ALI system that will make the phone system phase II compliant. On
October 23, 2006 Derrick Watson and Randal Burkett met with Bedford County, Tennessee
Communications Director Cathey Mathis and observed the phone system in use. Ms. Mathis
confirmed that they were a former TCI customer and that they were extremely satisfied with
the improved level of service from IPC. Proposed system cost 1st year: $89,108.00.
Maintenance Year 2: $9,120.00. Maintenance Year 3: $9576.00. Maintenance Year 4:
$10,054.80. Maintenance Year 5: $10,557.54. Estimated total system cost installation +
maintenance for five years: $128,416.34.
It is the recommendation of the committee that serious consideration be given to the selection of
the Verizon Vesta proposal. Prior to adopting the current TCI phone Coppell’s PSAP utilized
Verizon’s “MAARS” system and was satisfied with their performance and maintenance. It is
believed that selection of a proven technology (Plant’s Vesta phone system), a vendor with local
technicians, 24/7 remote maintenance, and an established company will provide the City of
Coppell with the best value for the money.
911 Public Safety Answering Point Telephone System Upgrade
Scoring Table
R. Moore R. Burkett D. Watson Avg.
Score
Positron
Viper 80 85 85 83.3
IPC
GEN911 80 75 90 81.7
TCI
Synapse 55 40 65 53.3
Verizon
Vesta 85 87 90 87.3
Nine One
One
Quick
Link
75 95 80 83.3
Embarq
Viper 60 75 70 68.3
Embarq
Vesta
Pallas
60 75 75 70
Rank Order
1. Verizon Vesta – 87.3.
2. 911 Quick Link – 83.3.
3. Positron Viper – 83.3.
4. IPC Gen 911 – 81.7.
5. Embarq Vesta – 70.0.
6. Embarq Viper – 68.3.
7. TCI Synapse – 53.3.
Telephone Upgrade Cost Comparison Chart$102,910$107,615.20$112,768.40$89,108.00$67,674$31,624.00$94,033.01$39,308.34$170,583.54$139,239.20$206,801.41$128,416.34$0$50,000$100,000$150,000$200,000$250,000Verizon Vesta 911 Quick Link Positron Viper IPC GEN911Initial CostMaintenance thru Year 5Total Cost
System Agreement
Rev. 10.04.06 Page 1 of 11 ESC # 0148
This System Agreement (“Agreement”), effective as of the day of , 20 , is made by and between
A. Verizon Entity Name (“Verizon”): Verizon Business Financial
Management Corporation on behalf of
VERIZON SELECT SERVICE, INC.
B. Customer Name (“Customer”)
CITY OF COPPELL / COPPELL POLICE DEPT E911
Address: 500 EAST CARPENTER FRWY Address: 255 E. PARKWAY BLVD
City: IRVING State: TX Zip Code: 75062 City: COPPELL State: TX Zip Code: 75019
Contact Name and Phone Number:
BRIAN BERESFORD 972.837.5548
Customer Billing Address (if different):
PO BOX 9478 ATTN: ACCTS PAYABLE
Quote Number (if applicable) 8-2AH5QL
City: COPPELL State: TX Zip Code: 75019-0478
Contact Name and Phone Number:
Jim Witt, City Manager (972) 304-3672
C. Select all applicable options:
New System/Service Sale
Adds/Upgrade to Existing System
Installation Services
VERIZON MAINTENANCE SERVICES
Data Maintenance Next Business Day Remote
Data Maintenance 4-Hour Remote
Data Maintenance 4-Hour On-Site
Data Maintenance 8-Hour On-Site
Video Central Support Next Business Day On-Site
Video Central Support Next Business Day Remote
Connectivity Assurance
IP Phones Next Business Day
IP Telephony Application Server Platform 4-Hour Remote
IP Telephony Application Server Platform 4-Hour On-Site
IP Telephony Application Server Platform 8-Hour On-Site
IP Telephony Software Support
IP Telephony Software Support with Upgrades
Integrated Maintenance Software Support
Integrated Maintenance Software Support with Upgrades
Integrated Maintenance 8x5x4 Advance Replacement
Integrated Maintenance 8x5x4 On-Site Support
Integrated Maintenance 8x5 Next Business Day Advance
Replacement
Integrated Maintenance 8x5 Next Business Day On-Site
Support
Verizon Maintenance Services Cont’d.
Integrated Maintenance 24x7x2 Advance Replacement
Integrated Maintenance 24x7x4 Advance Replacement
Integrated Maintenance 24x7x2 On-Site Support
Integrated Maintenance 24x7x4 On-Site Support
8x5 Switch & Phones
8x5 Switch & Proprietary Phones
8x5 Switch Only
8x5 Ancillary/Auxiliary Equipment
8x5 Nortel Norstar
8x5 NEC Electra Elite
8x5 Business Communication Manager
8x5 Centrex CPE
24x7 Switch & Proprietary Phones
24x7 Switch Only
24x7 Ancillary/Auxiliary Equipment
24x7 Nortel Norstar
24x7 NEC Electra Elite
24x7 Business Communication Manager
24x7 Voice Service Plus
24x7 Centrex CPE
Software Release Subscription (SRS)
On-Site Technician
Supplemental Warranty Coverage (extends the standard warranty
to 24 hour coverage for major failures during the warranty period)
Other
System Agreement
Rev. 10.04.06 Page 2 of 11 ESC # 0148
Verizon Maintenance Services Cont’d.
Third Party Maintenance Services - Maintenance will be
provided in accordance with the vendor’s terms and conditions
and except for payment, warranty, and limitation of liability, the
terms and conditions of the Agreement shall not apply to such
maintenance services.
Nortel Extended Service
Cisco SmartNet
Other:
D. Payment Options:
Cash Purchase
Lease/Financing
Verizon Credit Inc.
Third Party Lease/Financing (must have prior written approval of Verizon)
E-Rate/USF Funding Application No.
Tax Exempt No. 75-1183207
E. The total price of the System and/or services being purchased by the Customer is:
System Price $ 102,909.97
Professional Services Price $
Security Solutions Services Price $
Maintenance Service
Voice Maintenance Service for Year(s)$
Managed Network Solutions Service for Year(s)$
Third Party Maintenance Service for Year(s)$
Supplemental Warranty Coverage $
Applicable taxes (estimated)$
TOTAL PRICE $
Down Payment $ -0-
Balance Due $ 102,909.97
________________
Customer Initials
System Agreement
Rev. 10.04.06 Page 3 of 11 ESC # 0148
F. Maintenance Service Billing Option:
Pre-paid Billing: years $
(Annual Rate)
Deferred Billing (deferred until warranty expiration):
years $ $ $ $ $
(Year 1) (Year2) (Year 3) (Year 4) (Year 5)
Bill deferred payment (check one): annually semi-annually quarterly monthly
G. Attachments
Addendum for Equipment/Services Subject to E-Rate Funding
Call Center Software, Support and Professional Services Exhibit
Equipment Sales and Installation Exhibit
Managed Network Solutions Exhibit
Professional Services Exhibit
Quote
Service Plan Description(s)
Statement of Work
Voice Maintenance Exhibit
THE TERMS AND CONDITIONS OF THIS AGREEMENT CONTINUE ON THE FOLLOWING PAGES
______________
Customer Initials
System Agreement
Rev. 10.04.06 Page 4 of 11 ESC #
0148
1. Scope of Agreement. Subject to the terms and conditions of this Agreement, Verizon will provide Customer,
either directly or in conjunction with such subcontractors as it may select, the equipment, software, installation
services, maintenance and/or professional services (hereinafter collectively the “System”) as described in this
Agreement and as further described in a Statement of Work and any Exhibit attached hereto.
1.1 For Equipment Sale and Installation Services: Verizon will provide and, if applicable, install the equipment
as set forth in the applicable quote and the Equipment and Installation Services Exhibit.
1.2 For Maintenance Services: Verizon will provide the maintenance services as set forth in the applicable quote
and the Call Center Software, Support and Professional Services Exhibit, the Maintenance Services Exhibit and/or
the Managed Network Solutions Exhibit.
1.3 For Professional Services: Verizon will provide the professional services as set forth in the applicable quote
and the Professional Services Exhibit.
All applicable Statements of Work and Exhibits attached hereto are incorporated herein and made a part of
this Agreement.
2. Fees and Payment.
2.1 Customer will pay all fees for the System as set forth on Pages 2 and 3 of this Agreement and the applicable
quote or Statement of Work, subject to additions and deductions made by written Change Order(s). Customer is
responsible for applicable taxes, shipping, handling, telecommunication surcharges and other charges applicable to
the equipment and/or services provided under this Agreement. Customer agrees either to pay to Verizon the amount
of all applicable taxes (as determined by tax authorities) or to provide upon execution of this Agreement evidence of
exemption acceptable to Verizon.
2.2 Payments are due within thirty (30) days of receipt of the invoice (“Due Date”) and any payment not received
by the Due Date shall be subject to a late payment charge of the lesser of one and one-half percent (1.5%) per month
and the maximum amount allowed by law. Late payment charges will be assessed monthly against the amount due.
Should Customer dispute an amount invoiced, Customer shall pay the undisputed portion of that invoice and
promptly notify Verizon in writing of the amount and nature of the dispute and the parties shall cooperate to resolve
the dispute pursuant to Section 15 of this Agreement. Verizon reserves the right to suspend or terminate any or all
Services or terminate the provision, installation or repair of any or all equipment subject to this Agreement
immediately if Customer is more than sixty (60) days overdue for payments that have not been disputed in good
faith.
2.3 The down payment listed on Page 2 of this Agreement shall be paid at execution of this Agreement. The
balance due shall be paid in accordance with the terms of this Section unless otherwise specified in a Statement of
Work.
3. Term and Termination. This Agreement shall be effective as of the date first set forth above and shall
continue in full force and effect until terminated in accordance with this Agreement.
3.1. Either party may, upon written notice, immediately suspend its performance of and/or terminate the affected
service or equipment order to which the deficiency pertains in the event the other party (i) fails to perform material
terms of this Agreement and (a) such failure is not cured within thirty (30) calendar days following receipt of a
default notice in writing from the other party, or (b) if such failure cannot reasonably be cured during that time and
the defaulting party fails to use commercially reasonable efforts to cure such breach as soon as practicable, but in
any event within ninety (90) calendar days following written notice; (ii) engages in fraud, criminal conduct or
willful misconduct in connection with the business relationship of the parties; or (iii) becomes insolvent, ceases
doing business in the ordinary course, enters bankruptcy proceedings or effects an assignment for the benefit of
creditors. In the event Verizon terminates this Agreement pursuant to this Section 3.1, Customer shall promptly pay
Verizon for the System and any services provided up to the date of termination. In the event Customer defaults
under this Agreement, Customer’s down payment shall be non-refundable.
System Agreement
Rev. 10.04.06 Page 5 of 11 ESC #
0148
3.2. Either party may terminate this Agreement or a Statement of Work for convenience, in whole or in part, upon
thirty (30) days prior written notice to the other party. If this Agreement or a Statement of Work is terminated by
Customer pursuant to this Section, or if an order under this Agreement is cancelled by Customer, Verizon shall have
no further responsibility under this Agreement, Statement of Work or such order, as applicable, and Customer shall
promptly pay Verizon:
3.2.1. for all equipment and services provided up to the date of termination or cancellation, as applicable;
3.2.2. for all expenses incurred up to the date of termination or cancellation, as applicable, including but not
limited to the costs of terminating purchase orders, return of equipment and/or software, removal of
equipment and/or software and other contractual obligations made by Verizon to meet its obligations
under this Agreement or Statement of Work, plus a restocking fee of twenty-five percent (25%) of the
cost of any equipment cancelled or returned.
3.3. Where multiple Statements of Work are associated with this Agreement, the termination of one or fewer than
all of the Statements of Work shall only affect the terminated Statement(s) of Work. The remaining Statement(s) of
Work shall remain in effect.
3.4. Verizon reserves the right to suspend performance under this Agreement or a Statement of Work if required,
in Verizon’s sole discretion, by regulation, statute, judicial action or other applicable legal requirement.
3.5 Verizon reserves the right to amend the rates, terms and conditions of Service under this Agreement to be
effective upon the commencement of any renewal term and without formal amendment of this Agreement by
providing Customer written notice thereof prior to the expiration of the then-current term. If Customer is unwilling
to accept such amended rates, terms and conditions, Customer shall provide Verizon written notice thereof prior to
the expiration of the then-current term, in which event the Service shall terminate upon expiration of the then-
current term.
3.6 Termination of this Agreement shall not relieve either party of its respective obligations to comply with all
terms of this Agreement that expressly call for performance prior or subsequent to the termination date, including
without limitation the parties’ respective obligations to protect proprietary and confidential information.
4. Purchase Order. The parties acknowledge that a Customer purchase order or similar document is intended
solely to evidence Customer's intention to purchase equipment, software and/or services set forth therein. Except
with respect to a provision in a Customer purchase order or similar document evidencing an intent to be bound by
the terms and conditions of an Agreement between Customer and Verizon, the terms and conditions of such
Customer purchase order or similar document shall be disregarded and of no force or effect, it being agreed that the
terms and conditions of the Agreement between Customer and Verizon shall govern.
5. Leasing Option. With Verizon’s prior written consent Customer may finance the System or any portion
thereof in a separate transaction through a third party leasing company (“Lessor”) approved by Verizon, assign its
rights and obligations with respect to payment under this Agreement to the Lessor, and/or cause the Lessor to issue a
purchase order in a form acceptable to Verizon. Notwithstanding such transaction and/or assignment, Customer
shall remain responsible for performance of all of its obligations under this Agreement, including payment in full.
6. Risk of Loss. If Verizon installs the System, risk of loss or damage to the System passes to Customer on
delivery of the System (including portions thereof) to Customer’s site. If Verizon does not install the System, risk of
loss or damage to the System (or portions thereof) passes to Customer upon delivery to the carrier.
7. Title and Security Interest. Until full payment has been rendered, Customer grants Verizon a purchase
money security interest in the System, and agrees to execute all documents necessary to perfect that interest and, to
the extent permitted by law, grants Verizon a special power-of-attorney for the purpose of executing the necessary
documents. Upon final payment, title shall pass to Customer and Verizon will release its security interest.
Customer will not grant or convey to any other person or entity a security interest in, or permit placement of a lien
on, the System unless and until Customer has paid Verizon in full for such System.
8. Software. Software provided in conjunction with the System is licensed to Customer under the license
provided by the software publisher or by the equipment manufacturer with which the software is provided.
System Agreement
Rev. 10.04.06 Page 6 of 11 ESC #
0148
Customer shall, if required, execute a separate software license agreement in a form satisfactory to the software
publisher or equipment manufacturer.
9. Customer Responsibilities. Customer will:
9.1. Allow Verizon access for installation, inspection, testing, maintenance and repair of the System and
performance of any required activity.
9.2. Provide suitable building facilities for the System in accordance with local codes, including but not limited to
ducting, conduit, structural borings, etc. for cable and conductors in floors, ceilings and walls; electrical service with
suitable terminals and power surge protection devices; and metallic grounds with sufficient slack in the equipment
room, installed in conformity with the National Electrical Code and local codes.
9.3. Provide necessary heating, cooling, humidity and dust control as required by manufacturer specifications.
9.4. Remove existing equipment or cable that interferes with System installation.
9.5. Identify and disclose to Verizon concealed equipment, wiring or conditions that might be affected by or might
affect the installation of the System. Customer shall defend and hold Verizon harmless from any claim, damage or
liability resulting from a failure to disclose this information.
9.6. Authorize Verizon, at Customer’s expense, to make service requests upon third parties for System
interconnection requirements, including obtaining telephone service for testing where necessary.
9.7. Designate trash deposit points on each floor on which the System is to be installed where Verizon will place
waste for removal by Customer.
9.8. Cooperate with Verizon’s requests for assistance in testing or installation.
9.9. Be responsible for providing adequate back-up of data and for restoring data to repaired equipment.
9.10. If the System is to be connected to the public network, be solely responsible for selection, implementation
and maintenance of security features for defense against unauthorized long distance calling, and for payment of long
distance, toll and other telecommunications charges incurred through use of the System.
9.11. Immediately notify Verizon of any anticipated delay in building availability or inability to meet any of the
above listed requirements.
10. Changes In/Additions to System.
10.1 Customer may order additional equipment, software, and/or services pursuant to a written Amendment,
Customer purchase order or similar document, and such order shall be governed by this Agreement, including
without limitation Section 4, and shall specifically reference this Agreement.
10.2 Customer shall also have the right, by written notice, to propose changes in the System under this Agreement
and any Statement of Work (“Change Orders”) and Verizon shall comply to the extent it deems feasible and
reasonable. If Verizon determines that such changes cause an increase or decrease in the cost of or time required for
performance, Verizon shall advise Customer and such adjustments shall be reflected in a written Change Order.
Should Verizon encounter, in installing the System, any concealed or unknown condition not expressly set forth in
the applicable Statement of Work, which condition affects the price or schedule for installation of the System, the
price and/or the schedule shall be equitably adjusted by Change Order to cover all costs, including but not limited to
labor, equipment, materials and tools necessary to carry out the change.
10.3 No Change Order shall become effective as a part of this Agreement and the applicable Statement of Work,
and no changes in the System shall be initiated, until the Change Order is mutually agreed upon in writing. Verizon
shall not be obligated to consider or accept any Change Order that results in a decrease of more than twenty percent
(20%) in the total price of the System. Verizon may also propose changes in or additions to the System, and may
proceed with such changes upon execution by Customer and Verizon of a written Change Order.
11. Warranty. Verizon warrants that it will perform the services provided under this Agreement in a good and
workmanlike manner. Unless otherwise set forth in an Exhibit, all manufacturers'/publishers’ warranties for
equipment and/or software provided hereunder are passed through to Customer and warranty claims shall be
presented by Customer directly to the manufacturer/publisher.
THE WARRANTIES SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES
FROM VERIZON, UNLESS OTHERWISE STATED IN AN EXHIBIT. OTHERWISE VERIZON DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
System Agreement
Rev. 10.04.06 Page 7 of 11 ESC #
0148
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ANY
WARRANTY OF NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM A COURSE OF
DEALING, USAGE OR TRADE PRACTICE. VERIZON SHALL NOT BE LIABLE FOR UNAUTHORIZED
ACCESS TO VERIZON’S OR CUSTOMER’S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR
FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S
DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT
MEANS OR DEVICES, OR ANY OTHER METHOD. VERIZON MAKES NO WARRANTY FOR USE OF THE
SYSTEM AS A COMPONENT IN LIFE SUPPORT SYSTEMS OR DEVICES, PUBLIC SAFETY SYSTEMS,
OR WITH RESPECT TO THE PERFORMANCE OF ANY SOFTWARE OR FIRMWARE.
12. Limitation of Liability. EXCEPT FOR PAYMENTS OWED UNDER THIS AGREEMENT, IN NO
EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR SPECIAL, INDIRECT,
INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT,
TORT (INCLUDING A PARTY’S NEGLIGENCE) OR OTHERWISE, INCLUDING WITHOUT LIMITATION
DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, LOST
PROFITS (ACTUAL OR ANTICIPATED), UNAVAILABILITY OF ALL OR PART OF THE SYSTEM, OR
OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
EXCEPT WITH RESPECT TO THE INDEMNIFICATION OBLIGATIONS SET OUT IN SECTION 13,
VERIZON’S ENTIRE LIABILITY FOR ANY OTHER DAMAGE WHICH MAY ARISE HEREUNDER, FOR
ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN
CONTRACT OR IN TORT, INCLUDING VERIZON’S NEGLIGENCE, OR OTHERWISE, SHALL BE
LIMITED TO THE PURCHASE PRICE OF THE SPECIFIC EQUIPMENT, SOFTWARE OR SERVICES
GIVING RISE TO THE CLAIM. VERIZON SHALL BEAR NO LIABILITY FOR USE OF EQUIPMENT,
SOFTWARE OR SERVICES PROVIDED UNDER THIS AGREEMENT IN CONNECTION WITH LIFE
SUPPORT SYSTEMS OR DEVICES OR PUBLIC SAFETY SYSTEMS. EXCEPT AS EXPRESSLY STATED
OTHERWISE HEREIN, VERIZON SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR
INTEROPERABILITY OR COMPATIBILITY OF THE SYSTEM WITH THIRD-PARTY PRODUCTS OR
SYSTEMS THAT CUSTOMER MAY UTILIZE IN CONJUNCTION WITH THE SYSTEM OR TO WHICH
CUSTOMER MAY CONNECT THE SYSTEM.
13. Indemnification and Defense.
13.1 Except as provided below, Verizon will defend Customer against any claim, suit, action or proceeding
alleging that equipment supplied by Verizon to Customer under this Agreement (“Verizon supplied equipment”)
infringes a valid U.S. patent or copyright (“Claim”), and Verizon will indemnify and hold harmless Customer
against any and all finally awarded costs and expenses, including attorneys’ fees, in connection with any such
Claim.
13.2 If the use of any Verizon supplied equipment is enjoined or subject to a Claim as described above, Verizon
may, at its option and expense, either procure for Customer the right to continue to use the equipment, replace the
equipment, or relevant component, with substantially equivalent, non-infringing equipment, or relevant component,
or modify the equipment, or relevant component, so that it becomes non-infringing. In the event that none of the
foregoing options is commercially reasonable to Verizon, Verizon will remove the infringing Verizon supplied
equipment and refund to Customer the purchase price for the equipment less depreciation for its use. Depreciation
shall be calculated on a straight-line basis, assuming a useful life of five (5) years.
13.3 Verizon shall have no obligation for (a) any costs, fees or expenses incurred by Customer without Verizon’s
prior written consent; (b) any allegation, assertion, or claims of intellectual property infringement, including
contributory infringement or inducement to infringe, arising out of or related to any Claim: (i) automated call
processing, automated voice service, automated customer service or combined live operator/automated systems
processing used in processing or completing calls, (ii) automated bridging of more than two callers utilizing some
form of "listen only" (unilateral) communication combined with some form of interactive communication, (iii)
prepaid calling products or services, (iv) wireless telecommunications services or support therefor, or (v) “music on
hold,” service; or (c) any indirect, special, consequential or incidental damages arising out of any Claim.
System Agreement
Rev. 10.04.06 Page 8 of 11 ESC #
0148
13.4 Any obligation on the part of Verizon to defend and indemnify shall not apply to any Claim or portion thereof
that arises from (i) any negligent or willful act or omission by or attributable to Customer; (ii) use or operation of the
Verizon supplied equipment in combination with equipment or services provided by Customer or any third party;
(iii) any addition to or modification of the Verizon supplied equipment by Customer, any third party or Verizon at
Customer’s request; (iv) use of other than the then current unaltered release of any software used in the Verizon
supplied equipment; or (v) any equipment, system, product, process, method or service of Customer which
otherwise infringed the U.S. patent or copyright asserted against Customer prior to the supply of the equipment to
Customer by Verizon under the Agreement.
13.5 The foregoing states the entire obligation of Verizon to Customer and is Customer’s sole and exclusive remedy
with respect to any Claim of infringement of any intellectual property right of any kind, and Verizon disclaims all
other warranties and obligations with respect to any such Claims.
13.6 Customer shall defend, indemnify and hold harmless Verizon, its employees, officers, directors, agents and
affiliates for damages, costs and attorneys fees in connection with any claim arising out of (a) Customer’s use of the
equipment provided by Verizon other than as expressly indemnified by Verizon pursuant to Section 13.1 of this
Agreement, (b) combination of the equipment provided by Verizon with other equipment, software, products or
services not provided by Verizon under this Agreement, (c) modification of the equipment provided by Verizon, or
(d) arising out of the content of communications transmitted by or on behalf of Customer in the use of the services
or equipment provided by Verizon, including but not limited to libel, slander, and invasion of privacy.
13.7 Each party (the “indemnitor”) shall defend, indemnify, and hold harmless the other party (the “indemnitee”)
against all claims and liabilities for direct damages imposed on the indemnitee for bodily injuries, including death,
and for damages to real or tangible personal property to the extent caused by the negligent or otherwise tortious acts
or omissions of the indemnitor, its agents or employees in the course of performance of this Agreement.
13.8 The defense and indemnification obligations set forth in this Section 13 are contingent upon (1) the indemnitee
providing the indemnitor prompt, written, and reasonable notice of the claims, demands, and/or causes of action
subject to indemnification, (2) the indemnitee granting the indemnitor the right to control the defense of the same,
and (3) the indemnitee’s full cooperation with the indemnitor in defense of the claim, including providing
information and assistance in defending the claim. Nothing herein, however, shall restrict the indemnitee from
participating, on a non-interfering basis, in the defense of the claim, demand, and/or cause of action at its own cost
and expense with counsel of its own choosing. No settlement may be entered into by the indemnitor on behalf of the
indemnitee that includes obligations to be performed by the indemnitee (other than payment of money that will be
fully paid by the indemnitor under Sections 13.1- 13.7 above) without indemnitee's prior written approval.
14. Confidentiality. Except as required by law or regulation, each party (the “receiving party”) shall keep
confidential and not disclose, directly or indirectly, to any third party any Confidential Information, as defined
below, received from the other party (the “disclosing party”) without the prior written consent of a duly authorized
officer of the disclosing party. The disclosing party shall conspicuously mark its tangible Confidential Information
as Proprietary or Confidential at the time of disclosure to the receiving party. Confidential Information that is
disclosed orally will be identified by the disclosing party as Confidential Information at the time of disclosure to the
receiving party. Each party shall use, copy and disclose the Confidential Information of the disclosing party solely
for purposes of performing this Agreement. All Confidential Information of a party shall be and shall remain the
property of such party. A party shall deliver to the disclosing party, upon written request by the disclosing party, all
Confidential Information of the disclosing party then in the receiving party’s possession or control, directly or
indirectly, in whatever form it may be (including, without limitation, magnetic media) or certify its destruction to the
disclosing party. Each party shall take all necessary and reasonable action, by instruction, agreement or otherwise,
with its employees, consultants, subcontractors, affiliates, and representatives to satisfy its obligations hereunder.
The receiving party’s obligations hereunder with respect to confidentiality, non-disclosure and limitation of use of
Confidential Information shall be for the term of the Agreement plus one (1) year. For purposes of this provision, a
third party shall not include an entity which has a need to know the Confidential Information and which owns, is
owned by, or is under common ownership with a party to this Agreement.
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Rev. 10.04.06 Page 9 of 11 ESC #
0148
14.1 Nothing in this Agreement shall prevent either party from using or disclosing any Confidential Information
that: (i) has become generally available to the public, other than through any improper action of such party, (ii) is
already in the possession of the receiving party and not subject to an existing agreement of confidence between the
parties, (iii) is received from a third party without restriction and without breach of this Agreement, (iv) is
independently developed by the receiving party as evidenced by its records, or (v) is disclosed pursuant to a valid
law, rule, regulation, subpoena, demand, or order of a court or other governmental body or any political subdivision
thereof of competent jurisdiction (collectively “demand”); provided, however, that the receiving party shall first
have given notice thereof to the disclosing party (unless prohibited by the terms of such request or requirement, or
such notice is otherwise prohibited by law) in order to permit the disclosing party to seek reasonable protective
arrangements.
14.2 For purposes of this Agreement, the term “Confidential Information” shall include, without limitation, all
trade secrets of a party and all other information and material that relates or refers to the plans, policies, finances,
corporate developments, products, pricing, sales, services, procedures, intra-corporate transactions, suppliers,
prospects and customers of a party, as well as financial information relating to such suppliers, prospects and
customers, and any other similar confidentiality information and material which such party does not make generally
available to the public. By way of illustration, but not limitation, Confidential Information includes all computer
software (including object code and source code), computer software and data base technologies, systems, structures
and architectures, and the processes, formulae, compositions, improvements, inventions, discoveries, concepts,
ideas, designs, methods and information developed, acquired, owned, produced, or practiced at any time by a party,
and all non-public information relating to the business of such party.
15. Alternate Dispute Resolution (ADR). Any controversy, claim, or dispute (“Disputed Claim”) arising out of
or relating to this Agreement, except for claims relating to indemnity, infringement, or confidentiality obligations or
matters relating to injunctions or other equitable relief (together “Equitable Claims”), shall be first subject to a thirty
(30) day negotiation period between the parties in which each party shall disclose to the other party all such
documents, facts, statements and any other information which are reasonably requested by the other party and are
relevant to the dispute in question. Should such negotiations fail to resolve the dispute within thirty (30) calendar
days, Disputed Claims shall be resolved by binding arbitration of a single arbitrator in accordance with the
Commercial Arbitration Rules of the American Arbitration Association. The decision of the arbitrator shall be based
upon this Agreement and applicable law. The decision of the arbitrator shall be reduced to writing, shall be final and
binding except for fraud, misconduct, or errors of law, and judgment upon the decision rendered may be entered in
any court having jurisdiction thereof. In all arbitrations, the arbitrator must give effect to applicable statutes of
limitation subject to limitation of actions terms set forth in this Agreement, and shall not be afforded any authority to
award relief in excess of what this Agreement provides or to order consolidation or class arbitrations. The arbitrator
shall have no authority to award punitive damages in any Disputed Claim. The parties agree that any such claims
arising under this Agreement must be pursued on an individual basis in accordance with the procedure noted above.
Even if applicable law permits class actions or class arbitrations, the ADR procedure agreed to herein applies and
the parties waive any rights to pursue any claim arising under this Agreement on a class basis. The arbitration shall
be held in a mutually agreed to location, and shall be final and binding on both parties. Each party will bear its own
costs of arbitration but shall split equally the fees of the arbitration and the arbitrator.
16. Hazardous Substances. Except as disclosed to and acknowledged in writing by Verizon, Customer certifies
that it is not aware of the presence of any asbestos or other hazardous substance (as defined by any applicable state,
federal or local hazardous waste or environmental law or regulation) at any location where Verizon is to perform
services under this Agreement. If during such performance Verizon employees or agents encounter any such
substance, Customer agrees to take all necessary steps, at its own expense, to remove or contain the asbestos or other
hazardous substance and to test the premises to ensure that exposure does not exceed the lowest exposure limit for
the protection of workers. Verizon may suspend performance under this Agreement until the removal or
containment has been completed and approved by the appropriate governmental agency and Verizon. Performance
obligations under this Agreement shall be extended for the period of delay caused by said cleanup or removal.
Customer’s failure to remove or contain hazardous substances shall entitle Verizon to terminate this Agreement
without further liability, in which event Customer shall permit Verizon to remove any equipment that has not been
accepted, shall reimburse Verizon for expenses incurred in performing this Agreement until termination (including
but not limited to expenses associated with such termination, such as removing equipment, terminating leases,
demobilization, etc.), and shall complete payment for any portion of the System that has been accepted.
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Rev. 10.04.06 Page 10 of 11 ESC #
0148
17. Force Majeure. Neither party shall be liable for any delay or failure in performance under this Agreement
arising out of acts or events beyond its reasonable control, including but not limited to acts of God, war, terrorist
acts, fire, flood, explosion, riot, embargo, acts of the Government in its sovereign capacity, labor disputes,
unavailability of equipment, software or parts from vendors, or changes requested by Customer. The affected party
shall provide prompt notice to the other party and shall be excused from performance to the extent of such caused
delays or failures, provided that the party so affected shall use reasonable efforts to remove such causes of such
delays or failures and both parties shall proceed whenever such causes are removed or cease. If performance of
either party is prevented or delayed by circumstances as described in this section for more than ninety (90) days,
either party may terminate the affected Service or Statement of Work. Notwithstanding the foregoing, Customer
shall not be relieved of its obligation to make any payments, including any late payment charges as provided in
Section 2.2, above, that are due to Verizon hereunder.
18. Assignment. Neither party may, without the prior written consent of the other party, assign or transfer its
rights or obligations under this Agreement; consent shall not be unreasonably withheld or delayed. Notwithstanding
the foregoing, Verizon may, without prior notice, assign this Agreement, in whole or in part, to any Verizon affiliate
or to any successor entity upon the merger, reorganization, consolidation or sale of all or substantially all of
Verizon’s assets associated with the equipment or Services provided pursuant to this Agreement. For purposes of
this Section, “affiliate” shall mean a person or entity that directly or indirectly controls, is controlled by, or is under
common control with Verizon. Any attempt to assign this Agreement in contravention of this Section shall be void
and of no force and effect.
19. Governing Law. This Agreement shall be governed by the substantive laws of the State of Delaware,
without regard to its choice of law principles.
20. Non-Waiver/Severability. Either party's failure to enforce any of the provisions of this Agreement or to
exercise any right or option is not a waiver of any such provision, right, or option, and shall not affect the validity of
this Agreement. Any waiver must be written and signed by the parties. If any provision of this Agreement or the
provision of any Service or equipment under the terms hereof is held to be illegal, invalid, or otherwise prohibited
under applicable law or regulation in any State or jurisdiction, then this Agreement shall be construed as if not
containing such provision or not requiring the provision of such invalid, illegal, or prohibited Service or equipment
in such State or jurisdiction.
21. Publicity. Except as required by law, the parties shall keep this Agreement confidential and shall not
disclose this Agreement or any of its terms without the other party’s written consent. Neither party shall use any
trademark, trade name, trade dress or any name, picture or logo which is commonly identified with the other party or
its affiliates, or from which any association with such party or its affiliates may be inferred or implied, in any
manner, including but not limited to advertising, sales promotions, press releases or otherwise, without the prior
written permission of such party. Notwithstanding any contrary term in this Agreement, the parties may issue or
permit issuance of a press release or other public statement concerning this Agreement, provided, however, that no
such release or statement shall be published without the prior mutual consent of the parties.
22. Notices. All notices or other communication given or required by either party to the other under this
Agreement shall be deemed to have been properly given if hand-delivered, mailed by certified mail return receipt
requested, or sent by facsimile with confirmation of receipt or by overnight courier. Such notices and
communications shall be deemed effective upon receipt. If to Verizon, notices should be sent to Verizon National
Contract Repository, 700 Hidden Ridge, MC:HQW02L25, Irving, TX 75038, and if to Customer to the address
specified on the cover sheet. Such address may be changed by either party by notice sent in accordance with this
Section.
23. Limitation of Actions. A party may bring no action or demand for arbitration arising out of this Agreement
more than two (2) years after the cause of action has accrued. The parties waive the right to invoke any different
limitation on the bringing of actions under state law.
24. Compliance with Laws. Each party shall comply with the provisions of all applicable federal, state, and local
laws, ordinances, regulations and codes in its performance under this Agreement or any Statement of Work,
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Rev. 10.04.06 Page 11 of 11 ESC #
0148
including without limitation the export laws of the United States or any country in which Customer receives
equipment, software or services.
25. Independent Contractor Relationship; No Agency. Each party understands and agrees that it and its personnel
are not agents or employees of the other party, and that each party is an independent contractor hereunder for all
purposes and at all times. Neither party has the right or authority to, and shall not, assume or create any obligation of
any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever. Each party
shall indemnify, hold harmless and defend the other against any liabilities, claims, losses and damages (including
costs, expenses and reasonable attorneys' fees) arising out of its failure to comply with this provision and any laws,
rules or regulations applicable thereto.
26. Interpretation. The Agreement shall not be construed or interpreted for or against any party hereto because
that party drafted or caused that party’s legal representative to draft any of its provisions.
27. Headings. The Section headings used herein are for reference and convenience only and shall not enter into
the interpretation of this Agreement.
28. Modifications. This Agreement may only be amended, changed, waived or modified in a written document
that is signed by both parties.
29. Entire Agreement. This Agreement, together with any Statement of Work hereunder and any Exhibit hereto,
constitutes the entire agreement between the parties pertaining to the subject matter herein and supercedes all prior
oral and written proposals, correspondence and memoranda with respect thereto, and no representations, warranties,
agreements or covenants, express or implied, of any kind or character whatsoever with respect to such subject matter
have been made by either party to the other, except as expressly set forth in this Agreement. In the event of conflicts
among the terms of this Agreement, a Statement of Work and/or an Exhibit, the following order of precedence shall
apply: the Exhibit, this Agreement, and the Statement of Work.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed. Each party
warrants and represents that its respective representative whose signature appears below have been and are on the
date of signature duly authorized to execute this Agreement and that each party has the authority to enter into this
Agreement.
Verizon Business Financial Management Customer: CITY OF COPPELL, PD E911
Corporation on behalf of Verizon Select Services, Inc.
By: By:
Print
Name:
Print Name: Jim Witt
Title: Title: City Manager
Date: Date:
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Planning
December 12, 2006
8/C
✔
ORDINANCE
Consider approval of an Ordinance for PD-106R-SF-9, Hidden Valley, Lot 6, Block C, zoning change request from
PD-106-SF-9 (Planned Development-106 Single Family-9) to PD-106R-SF-9 (Planned Development-106 Revised-Single
Family-9), to allow for a pool and deck to be constructed along the rear property line, providing a variance to the
required 5-foot setback, at 479 Hidden Valley Drive, and authorizing the Mayor to sign.
On October 19, 2006, the Planning Commission recommended
approval of this zoning request.
On November 14, 2006, Council approved this zoning change (7-0).
Staff recommends approval.
@PD-106R-SF-9, HV (ORD) 1-AR(con)
11744
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP
OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM PD-106-SF-9 (PLANNED
DEVELOPMENT-106 SINGLE FAMILY-9) TO PD-106R-SF-9 (PLANNED
DEVELOPMENT-106 REVISED-SINGLE FAMILY-9), TO ALLOW FOR
A POOL AND DECK TO BE CONSTRUCTED ALONG THE REAR
PROPERTY LINE, PROVIDING A VARIANCE TO THE REQUIRED 5-
FOOT SETBACK, AT 479 HIDDEN VALLEY DRIVE AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO;
PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR
THE APPROVAL OF A SITE PLAN, LANDSCAPE PLAN, POOL PLAN
AND DECK PLAN, ATTACHED TO AS EXHIBITS “B”, “C”, “D” AND “E”,
RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the City of
Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the
Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing to all
property owners generally, and to all persons interested and situated in the affected area and in the
vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-106R-
SF-9 should be approved, and in the exercise of legislative discretion have concluded that the
Comprehensive Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1.That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be
and the same is hereby amended to grant a change in zoning from PD-106-SF-9 (Planned
Development-106 Single Family-9) to PD-106R-SF-9 (Planned Development-106 Revised-
Single Family-9), to allow for a pool and deck to be constructed along the rear property line,
11744
2
providing a variance to the required 5-foot setback, at 479 Hidden Valley Drive and being more
particularly in Exhibit “A”, attached hereto and made a part hereof for all purposes.
SECTION 2.That the property shall be developed and used only in accordance with the
following development conditions as set forth herein below:
A. The proposed Planned Development shall comply with the use regulations set
forth in Zoning Ordinance Number 279-A-65, except as amended herein.
B. The property shall be developed in accordance with the site plan, landscape plan,
pool and deck plans as herein attached.
C. Acknowledgement that proposed fencing across easements is subject to removal
at discretion of easement entity.
SECTION 3.That the Site Plan, Landscape Plan, Pool Plan and Deck Plan attached to as
Exhibits “B”, “C”, “D” and “E”, respectively, and made a part hereof for all purposes, are hereby,
approved.
SECTION 4. That the above property shall be used and developed only in the manner and
for the purpose provided for by the Comprehensive Zoning Ordinance and other applicable
ordinances of the City of Coppell, as heretofore amended, and as amended herein.
SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict except as amended herein with the provisions of this ordinance be, and the same are hereby,
repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in
full force and effect.
SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so
11744
3
decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION 7. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 8.That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by
a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and
every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 9.That this ordinance shall take effect immediately from and after its passage
and the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2006.
APPROVED:
_____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 11/29/2006)
EXHIBIT ‘A’
LEGAL DESCRIPTION
479 Hidden Valley Drive, being more particularly described as Lot 6, Block
C of the Hidden Valley Addition, being an addition to the City of Coppell,
Dallas, County, Texas.
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
Planning
December 12, 2006
8/D
✔
ORDINANCE
Consider approval of an Ordinance for Case No. S-1170R2, Mariachi Grill with Private Club, zoning change request
from S-1170R (Special Use Permit-1170 Revised) to S-1170R2 (Special Use Permit 1170 Revision 2), to allow an
approximate 2,200-square-foot restaurant with private club to be located at 761 S. MacArthur, Suite 101, and
authorizing the Mayor to sign.
On October 19, 2006, the Planning Commission recommended
approval of this zoning request.
On November 14, 2006, Council approved this zoning change (7-0).
Staff recommends approval.
@S-1170R2 Mariachi (ORD), 1-AR(con)
1 11747
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY
OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A
CHANGE IN ZONING FROM S-1170R-C (SPECIAL USE PERMIT-1170
REVISED – COMMERCIAL) TO S-1170R2-C (SPECIAL USE PERMIT 1170
REVISION 2 – COMMERCIAL), TO ALLOW AN APPROXIMATE 2,200-
SQUARE-FOOT RESTAURANT WITH PRIVATE CLUB TO BE LOCATED
AT 761 S. MACARTHUR, SUITE 101, AND BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND
INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE,
SITE PLAN, FLOOR PLAN, SIGN PLAN, ATTACHED HERETO AS
EXHIBITS “B”, “C”, AND “D”; PROVIDING FOR SPECIAL CONDITIONS;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City of
Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive
Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise,
and after holding due hearings and affording a full and fair hearing to all property owners generally,
and to all persons interested and situated in the affected area and in the vicinity thereof, the said
governing body is of the opinion that Zoning Application No. S-1170R2-C should be approved, and in
the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and
Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1.That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and
the same is hereby amended by granting a change in zoning from S-1170R-C (Special Use Permit-
1170 Revised – Commercial ) to S-1170R2-Commercial (Special Use Permit 1170 Revision 2 –
Commercial , to allow an approximate 2,200-square-foot restaurant with private club to be located
2 11747
at 761 S. MacArthur, Suite 101, for the property described in Exhibit “A” attached hereto and made a
part hereof for all purposes.
SECTION 2.That the Special Use Permit to allow an approximate 2,200-square-foot
restaurant with private club, is hereby approved subject to the following special conditions:
(A) The property shall be developed in accordance with the floor plan and sign plan.
(B) Hours of operation shall not exceed Sunday through Thursday 7:00 a.m. to 9:00 p.m.
and Friday and Saturday 7:00 a.m. to 11:00 p.m.
(C) The operation of the private club shall be in compliance with all applicable
provisions of the Texas Alcoholic Beverage Code and other state regulations.
SECTION 3.That the site plan, floor plan and sign plan shall be attached hereto as Exhibits “B”,
“C”, and “D”; and made a part hereof for all purposes, are hereby approved.
SECTION 4.That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended,
and as amended herein.
SECTION 5.That the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances except as may be specifically
altered or amended herein.
SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not
in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the
validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to
3 11747
be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
SECTION 8. An offense committed before the effective date of this ordinance is governed by
prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
SECTION 9.That any person, firm or corporation violating any of the provisions or terms of
this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a
fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every
day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 10.That this ordinance shall take effect immediately from and after its passage and
the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2006.
APPROVED:
_____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Planning
December 12, 2006
8/E
✔
ORDINANCE
Consider approval of an Ordinance for text amendments to Chapter 12 Zoning of the Code of Ordinances, Sec.
12-42-1, revising the definitions of Convenience Store and Retail Stores and Shops, Sec. 12-29-3, Sign Regulations,
prohibiting neon signs being visible from outside of the building, except for “open” signs, and various revisions to Sec.
12-30-16, SUP regulations for Restaurants.
On September 21, 2006, the Planning Commission recommended
approval of this text amendment.
On November 14, 2006, Council approved this text amendment (7-0).
Staff recommends approval.
@TA-Conv. Store (ORD) 1-AR (con)
1
TM 11881
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE ZONING ORDINANCE NO. 91500, BY
AMENDING SECTION 12-29-3, SUBSECTION 3 BY AMENDING
SUBSECTION (L) TO PROVIDE AN EXCEPTION FOR OPEN
SIGNS; BY REPEALING SECTION 12-30-16 AND REPLACING
WITH A NEW SECTION 12-30-16 PROVIDING NEW
REGULATIONS FOR RESTAURANTS; AND BY AMENDING
SECTION 12-42-1, DEFINITIONS, BY AMENDING THE
DEFINITION FOR CONVENIENCE STORE AND FOR OUTSIDE
STORAGE AND DISPLAY - RETAIL STORES; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY
CLAUSE OF A FINE NOT TO EXCEED TWO THOUSAND
DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That Ordinance No. 91500 of the City of Coppell, Texas as
heretofore amended be and the same is hereby amended by amending Section 12-29-3,
Subsection 3 by amending Subsection (L) to provide an exception for open signs, to read as
follows:
“Sec. 12-29-3. Provisions for all zoning districts.
. . . . .
3. Prohibited signs: The following types of signs are specifically prohibited.
. . . . .
(L) Luminous gaseous tubing, including within an enclosed building, behind glass
and visible outside from the public right-of-way through a window, except “open”
signs shall be permitted. “Open” signs shall not include any other wording or
advertising and shall not flash, blink, or contain any movement.
. . . . .
. . . . .”
2
TM 11881
SECTION 2. That Ordinance No. 91500 of the City of Coppell, Texas, as heretofore
amended, be, and the same is hereby amended by repealing Section 12-30-16 and replacing with a
new Section 12-30-16 providing new regulations for restaurants, which shall read as follows:
“Sec. 12-30-16. Restaurant.
A restaurant, as that term is used in this section, shall mean any establishment or club
that provides food service to the general public or to club members and their guests. A
restaurant shall be permitted only by special use permit in the "O" office, "R" retail, “H”
Historic, "HC" highway commercial, "C" commercial, "TC" town center, or "LI" light
industrial districts, or by special use permit within such districts which are a part of a
planned development district. Provided, however, this provision notwithstanding, a
special use permit for a restaurant may be permitted on property zoned single family
residential with a special use permit for a golf course and clubhouse.
1.Special conditions. A special use permit for a restaurant, if granted, shall be
subject to such reasonable special conditions as may be incorporated in the
ordinance granting the special use permit, to protect the health safety and welfare
of the general public and adjacent land uses.
1. In the event that the applicant shall obtain a permit to serve alcoholic
beverages, it will be the applicant’s responsibility to comply with all
applicable provisions of the Texas Alcoholic Beverage Code,
including, but not limited to the submission of Texas Alcoholic
Beverage Commission Form L-101CTY “Certificate of City
Secretary” and other applicable forms and state regulations.
2.Time limit. In the event an application for a building permit for a restaurant is not
made and secured within six months from the granting of the special use permit
for the restaurant, the SUP will become null and void unless the owner/operator of
the restaurant is granted an extension by the city council.
In the event the owner or operator of a property having a zoning classification of
special use permit for a restaurant, ceases to operate the restaurant business use
for a period in excess of 90 days, the planning and zoning commission or the city
council may initiate a zoning change to consider changing the zoning
classification to such other classification as may be appropriate for the property.
Each applicant for a special use permit for a restaurant shall be advised of this
condition which shall be noted in the ordinance granting the zoning classification.
3
TM 11881
3.Signs. Exterior signs, other than established trade names, located on the outside of
the building or premises of a restaurant, shall not advertise or refer to the sale or
consumption of alcoholic beverages by words or symbols.
4.Submission requirements. The following shall be required at the time of an
application for special use permit for a restaurant:
A. A proximity map or plat showing the zoning classification of
adjacent property and the location and use of any structures on all
properties within 300 feet of the restaurants, lots, or tract measured
from the nearest property line of such lot or tract.
B. Adequate copies of floor plans for the restaurant shall be submitted
showing the dimensions of the following floor areas:
1. Eating areas;
2. Kitchen and food preparation area;
3. Waiting area;
4. Area of all other proposed uses within the restaurant;
5. All combined air-conditioned areas.
C. Site Plan of the entire shopping center/retail building indicating:
1. Lease space of the proposed restaurant with square footage
and dimension of frontage(s).
2. Parking analysis to assure that adequate parking exists to
accommodate restaurant.
3. Proposed hours of operation.
D. Elevation(s) of the building, indicating the lease space with
dimensions and all proposed signage.
5. New restaurant in a lease space/building with an existing SUP for a restaurant. In
the event that another restaurant occupies the same building/lease space, a new or
revised special use permit is not required unless:
A. The building or lease space is expanded or enlarged;
B. The effective area of the sign is enlarged from the previous sign;
C. Any other alteration that could increase intensity of the use.
The director of planning or designee may administratively approve
a minor amendment to the existing SUP for the establishment of a
new restaurant, subject to the following process:
4
TM 11881
1. Submission of an application accompanied by; the
appropriate fee for administrative site plan approval, the
revised floor plan, sign plan, hours of operation and/or
other pertinent information to the planning department for
review.
2. The director will update the special use permit file to reflect
the new restaurant.
3. The director will issue a letter of approval, approval with
conditions or denial. In the event of a denial, or conditions
that are contested by the applicant, a public hearing process
will be required with payment of appropriate fee.
4. Once the new restaurant occupies the building, the Building
Official or his designee shall provide the Planning
Department an official copy of the certificate of occupancy.
6. Each application for a special use permit for a restaurant must be made by the
property owner or the tenant with the written permission of the property owner.
The planning and zoning commission and the city council may consider any
relevant matter pertaining to the applicant or application which might affect the
health, safety, and welfare of the community.
7.Existing uses. Any restaurant in operation or which has been granted a special use
permit for a restaurant at the time of the adoption of this ordinance shall be
considered as a conforming use.”
SECTION 3. That Ordinance No. 91500 of the City of Coppell, Texas, as
heretofore amended be, and the same is hereby amended by amending Section 12-42-1,
Definitions, by amending the definition for convenience store and for outside storage and
display - retail stores, which shall read as follows:
“Sec. 12-42-1. Definitions.
. . . . .
Convenience Store: A small retail store, generally under 3,000 square feet, which
typically sells groceries and retail sales of non-food items or prepared foods, hot and cold
beverages and packaged beverages or a combination. The outside storage or display and
sale in the open, outside the building of groceries, packaged beverages and consumer
goods and drive-through or drive-up service is prohibited.
5
TM 11881
. . . . .
Outside Storage and Display – retail stores: Retail stores and shops: Facilities which
offer all types of consumer goods for sale, but excluding the display and sale in the open,
outside a building, of groceries, packaged beverages, consumer goods, new or used
automobiles, heavy machinery, building materials, used appliances, furniture or salvage
materials which are prohibited.
. . . . . ”
SECTION 4.That all ordinances and provisions of the Ordinances of the City of Coppell,
Texas in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all
other provisions not in conflict with the provisions of this ordinance shall remain in full force and
effect.
SECTION 5. That should any word, phrase, paragraph, section or portion of this
ordinance, or of the Ordinances, as amended hereby, be held to be void or unconstitutional, the
same shall not affect the validity of the remaining portions of said ordinance or of the Ordinances,
as amended hereby, which shall remain in full force and effect.
SECTION 6. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Ordinances, as amended, in effect when the offense was
committed and the former law is continued in effect for this purpose.
SECTION 7. That any person, firm or corporation violating any of the provisions of this
ordinance or of the ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and,
upon conviction in the municipal court of the City of Coppell, Texas, shall be subject to a fine not to
exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day said
violation is continued shall constitute a separate offense.
6
TM 11881
SECTION 8. That this ordinance shall become effective immediately from and after its
passage and publication of the caption as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _____ day of
__________, 2006.
APPROVED:
________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
__________________________________
ROBERT E. HAGER, CITY ATTORNEY
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
Planning
December 12, 2006
8/F
✔
ORDINANCE
Consider approval of an Ordinance for a text amendment to Chapter 12, Zoning of the Code of Ordinances,
amending Sec. 12-32A-3(K) deleting reference to requiring the mailing of public notices for telecommunication facility
beyond the notification required for similar rezonings, as prescribed by state law, reducing the notification area to 200
feet, and authorizing the Mayor to sign.
On September 21, 2006, the Planning Commission recommended
approval of this zoning request.
On November 14, 2006, Council approved this zoning change (7-0).
Staff recommends approval.
@TA-Teleco Notices (ORD) 1-AR(con)
1 11746
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE CODE OF ORDINANCES BY AMENDING CHAPTER 12,
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COPPELL,
TEXAS, ORDINANCE, SECTION 12-32A-3 TO REDUCE THE NOTIFICATION
AREA FOR TELECOMMUNICATION FACILITIES TO 200 FEET; PROVIDING
A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, a Special Use Permit is required for telecommunication facilities, and;
WHEREAS, the current regulations require notification of property owners up to 5,000
depending on the height of the tower, and;
WHEREAS Section 12-44-3 of the Zoning Ordinance requires a notification area of 200
feet for all other Special Use Permits, and
WHEREAS, the Planning and Zoning Commission has reviewed the amendment
recommended by staff and has sent a recommendation to the City Council to approve the said
amendment to the specified sections; and
WHEREAS, after review of the Planning and Zoning Commission's recommendation,
the City Council is of the opinion that Sections 12-32A-3 of the Zoning Ordinance should be
amended;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS;
SECTION 1. That the Code of Ordinance, Chapter 12, Article 33-A-3, of the City of
Coppell, Texas, be, and the same is, hereby amended to read as follows:
“Sec. 12-32A-3. General requirements.
…
(K) Public notice: For purposes of Article 32A, any special use permit
request, variance request, or appeal of an administratively-
approved use or special use permit shall require public notice to all
abutting property owners within 200 feet as required in Section 12-
44-3.”
SECTION 2. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby repealed, and all other
2 11746
provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall
remain in full force and effect.
SECTION 3.That should any word, sentence, paragraph, subdivision, clause, phrase or
section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to
be void or unconstitutional, the same shall not affect the validity of the remaining portions of said
ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and
effect.
SECTION 4.That this ordinance shall take effect immediately from and after its passage
as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2006
APPROVED:
______________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_______________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 11/29/06)
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Secretary
December 12, 2006
9
✔
PUBLIC HEARING
Consider approval of granting a variance of seventy (70') feet to Tetco Stores from the 300-foot prohibited
requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16-2 of the Code of Ordinances, to a business
selling or offering for sale alcoholic beverages, with a business address being 1301 E. Beltline.
This variance is being filed for the Chevron at the southeast corner of Beltline and MacArthur. The property line of this
business is within 300 feet of the Discover and Share Day Care which is located behind the strip center located on the
northeast corner of Beltline and MacArthur.
Staff recommends approval based on location being grandfathered.
RESOLUTION NO. ______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, GRANTING A DISTANCE VARIANCE OF
SEVENTY (70') FEET TO TETCO STORES #623, LOCATED AT
1301 E. BELTLINE, COPPELL, TEXAS, AS PROVIDED IN
SECTION 6-16-2(H) OF THE CODE OF ORDINANCES OF THE
CITY OF COPPELL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Article 6-16 of the Code of Ordinances places certain distance
prohibitions from churches, schools, and day cares to businesses that sell or offer to sell
alcoholic beverages; and
WHEREAS, the City Council may grant a variance to such business upon proof
that the best interest of the public are not served by strict compliance with the regulations;
and
WHEREAS, Tetco Stores #623 (hereinafter, “Applicant”) is located within 300 feet
of a church, school or day care; and
WHEREAS, the Applicant has provided sufficient proof that such regulation
constitutes waste or inefficient use of land, or crease an undue hardship and is otherwise not
effective or necessary after consideration of the health, safety and welfare of the public; and,
WHEREAS, the City Council has determined that the best interest of the
community will be served by a grant of such variance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF COPPELL, TEXAS:
SECTION 1. That a variance of seventy (70') feet shall be granted to Tetco Stores
#623, located at 1301 E. Beltliine, Coppell, Dallas County, Texas, as provided in Section
6-16-2 (H) of the Code of Ordinances of the City of Coppell.
SECTION 2. That the variance granted herein is in personam to the above named
Applicant and shall expire upon relinquishment of any permit authorized by the TEXAS
ALCOHOLIC BEVERAGE COMMISSION or its successor.
SECTION 3. That this Resolution shall take effect immediately from and after its
passage as the law and charter in such cases provide.
1
DULY PASSED by the City Council of the City of Coppell, Texas, this the
_______ day of ___________________, 2007.
APPROVED:
___________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
___________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 12/5/06)
2
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
City Manager's Office
December 12, 2006
10
✔
PUBLIC HEARING
Consider approval of the designation of a reinvestment zone pursuant to Section 312.201 of the Property
Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is the
property owned by Cabot II – TX1L01, LP, described as Block A, Lots 2R of Amberpoint Business Park at Coppell (64.29
acres) and located at the southwest corner of Sandy Lake Road and Freeport Parkway.
The Public Hearing Notice was published in the Citizens Advocate on Friday, December 1, 2006.
Staff recommends that City Council hold the Public Hearing for
designation of a reinvestment zone for Cabot II – TX1L01, LP.
!Cabot PH - 1 AR
NOTICE OF PUBLIC HEARING
OF DESIGNATION OF REINVESTMENT ZONE
A PUBLIC HEARING will be conducted by the City Council of the City
of Coppell, Texas, in the Council Chambers, Town Center, 255
Parkway Boulevard, Coppell, Texas on the 12th day of December,
2006, at 7:00 P.M., to consider designation of the property
described as Block A, Lots 2R of Amberpoint Business Park at
Coppell(64.29 acres), located at the southwest corner of Sandy
Lake Road and Freeport Parkway, Coppell, Texas, Cabot II – TX1L01,
LP as a Reinvestment Zone under Chapter 312 of the Texas Property
Tax Code.
The Council will seek to determine whether the improvements sought
to be made in the zone are feasible and practical and will be a
benefit to the land included in the zone and to the City after the
expiration of a tax abatement agreement to be entered into
pursuant to Section 312.204 of the Texas Property Tax Code.
At the hearing, interested persons are entitled to speak and
present evidence for or against the designation.
Citizens Advocate December 1, 2006
PUBLIC NOTICE 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).
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
City Manager's Office
December 12, 2006
11
✔
ORDINANCE
Consider approval of an Ordinance designating Cabot II – TX1L01, LP, Reinvestment Zone No. 53, and authorizing the
Mayor to sign.
City Council is scheduled to conduct a Public Hearing regarding designation of the reinvestment zone on December
12, 2006.
Staff recommends City Council approve the Ordinance designating
Cabot II – TX1L01, LP Reinvestment Zone No. 53 and authorize the
Mayor to sign.
!Cabot Ord - 1 AR
1 67073
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DESIGNATING
REINVESTMENT ZONE NO. 53 (AMBERPOINT BUSINESS PARK
BUILDINGS 4, 5 AND 6); PROVIDING ELIGIBILITY OF THE ZONE FOR
COMMERCIAL-INDUSTRIAL TAX ABATEMENT; CONTAINING
FINDINGS THAT THE AREA QUALIFIES TO BE DESIGNATED AS A
REINVESTMENT ZONE AND THE IMPROVEMENTS SOUGHT ARE
FEASIBLE AND PRACTICABLE AND OF BENEFIT TO THE LAND AND
THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, has caused notice to be
published in a newspaper having general circulation in the City and has delivered such notice to the
presiding officer of the governing body of each taxing unit that includes in its boundaries real
property described herein; and
WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing
on the designation of the area described herein as a reinvestment zone;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS THAT:
SECTION 1:That the City Council of the City of Coppell, Texas finds that the area
described herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the
retention or expansion of primary employment, or to attract major investment in the zone that will
be of benefit to the property and contribute to the economic development of the City. The City
Council further finds that the improvements sought are feasible and practicable and would be of
benefit to the land to be included in the zone and to the City after the expiration of a tax abatement
agreement.
SECTION 2.That pursuant to the provisions of Section 312.201 of the Texas Tax Code,
the property described in Exhibit “A” attached hereto and made a part hereof for all purposes is
hereby designated as a reinvestment zone and for identification is assigned the name “Reinvestment
Zone No. 53 (Amberpoint Business Park Buildings 4, 5 and 6).”
2 67073
SECTION 3.That the property within Reinvestment Zone No. 53 is eligible for
commercial-industrial tax abatement effective on January 1, 2006.
SECTION 4.If any article, paragraph or subdivision, clause or provision of this ordinance
shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or
unconstitutional.
SECTION 5.That all provisions of ordinances of the City of Coppell, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions
not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 6.This ordinance shall take effect immediately from and after its passage, as
the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, on the ______ day of
___________________, 2006.
APPROVED:
DOUGLAS STOVER, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
CITY ATTORNEY
(PGS/si 11/30/06)(67073)
EXHIBIT “A”
LEGAL DESCRIPTION OF LAND
LEGAL DESCRIPTION
FIELD NOTES
TRACT 2
BEING a 64.29 acre tract of land in the Jesse Moore Survey, Abstract No. 968, in the City of
Coppell, Dallas County, Texas, and being a part of that tract of land described in deed to
Ballantyne Jack, L.L.C., now known as AmberPoint at Coppell, L.L.C., a Delaware limited
liability company, as recorded in Volume 2001173, Page 3803, deed Records of Dallas County,
Texas (D.R.D.C.T.), and being all of Lot 2 of Block A of Amberpoint Business Park at Coppell,
an addition to the City of Coppell as recorded in Volume 2002027, Page 00071, D.R.D.C.T., and
being more particularly described by metes and bounds as follows:
BEGINNING at a ½-inch iron rod with yellow plastic cap stamped “HALFF ASSOC. INC.”
(hereafter referred to as “with cap”) set for the intersection of the east line of Northpoint Drive
(variable width right-of-way, 60 feet wide at this point) with the south right-of-way line of Sandy
Lake Road (variable width right-of-way) as dedicated by said plat of Amberpoint Business Park;
THENCE South 89 degrees 44 minutes 26 seconds East, along said south right-of-way line, a
distance of 1145.07 feet to a ½-inch iron rod with cap found for corner;
THENCE South 00 degrees 15 minutes 34 seconds West, continuing along said south right-of-
way line, a distance of 10.00 feet to a ½-inch iron rod with cap found for corner;
THENCE South 89 degrees 44 minutes 26 seconds East, continuing along said right-of-way line,
a distance of 265.56 feet to a ½-inch iron rod with cap found for corner at the intersection of said
south right-of-way line with the west right-of-way line of State Road (variable width right-of-
way) as dedicated by said plat of Amberpoint Business Park 35 foot wide dedication);
THENCE South 00 degrees 13 minutes 41 seconds East, along said west right-of-way line, a
distance of 1493.77 feet to a ½-inch rod with cap found for corner;
THENCE South 00 degrees 31 minutes 15 seconds West, continuing along said west right-of-
way line, a distance of 378.85 feet to a ½-inch iron rod with cap found for the intersection of said
west right-of-way line of that tract of land described in Special Warranty Deed to the City of
Coppell as recorded in Volume 96164, Page 207, D.R.D.C.T.;
THENCE North 89 degrees 44 minutes 06 seconds West, departing said west right-of-way line
and along said north line, a distance of 2479.88 feet to a ½-inch iron rod with cap found for
corner on the southeasterly line of said Northpoint Drive for the point of curvature of a circular
curve to the left having a radius of 447.80 feet, whose chord bears North 61 degrees 32 minutes
06 seconds East a distance of 68.46 feet;
THENCE Northeasterly, along said southeasterly right-of-way line and said curve to the left,
through a central angle of 08 degrees 46minutes 03 seconds for an arc distance of 68.52 feet to
an “X” cut in concrete set for the point of reverse curvature of a circular curve to the right having
a radius of 322.76 feet, whose chord bears North 63 degrees 10 minutes 07 seconds East a
distance of 67.67 feet;
THENCE Northeasterly, continuing along said south right-of-way line and along said curve to
the right, through a central angel 12 degrees 02 minutes 05 seconds for an arc distance of 67.79
feet to a ½ inch iron rod found for the point of compound curvature of a circular curve to the
right having a radius of 420.00 feet, whose chord bears North 79 degrees 35 minutes 53 seconds
East a distance of 151.81 feet;
THENCE Northeasterly, continuing along said south right-of-way line and along said curve to
the right, through a central angle of 20 degrees 49 minutes 27 seconds for an arc distance of
152.65 feet to a ½-inch iron rod found for the point of tangency;
THENCE South 89 degrees 59 minutes 23 seconds East, continuing along said south right-of-
way line, a distance of 315.43 feet to a ½-inch iron rod with cap found for the point curvature of
a circular curve to the left having a radius of 480.00 feet, whose chord bears North 45 degrees 02
minutes 07 seconds East a distance of 678.53 feet;
THENCE Northeasterly, continuing along said southeasterly right-of-way line and along said
curve to the left, through a central angle of 89 degrees 57 minutes 00 seconds for an arc distance
of 753.56 feet to a ½-inch iron rod with cap found for the point of tangency;
THENCE North 00 degrees 03 minutes 37 seconds East, along the east right-of-way line of said
Northpoint Drive, a distance of 1307.49 feet to the POINT OF BEGINNING AND
CONTAINING 2,800,665 square feet or 64.29 acres of land, more or less.
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Manager's Office
December 12, 2006
12
✔
RESOLUTION
Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Cabot II
– TX1L01, LP, and authorizing the Mayor to sign.
City Council is scheduled to conduct a Public Hearing regarding the designation of the reinvestment zone on
December 12, 2006. The Coppell Economic Development Committee unanimously recommended approval of this
abatement agreement request on May 17, 2006.
Staff recommends City Council approve the Tax Abatement
Agreement between the City of Coppell and Cabot II – TX1L01, LP and
authorize the Mayor to sign it.
!Cabot Res - 1 AR
1 67072
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 CABOT INDUSTRIAL VALUE
FUND; 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 Cabot Industrial Value Fund, 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 67072
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 11/30/06)
Cabot Industrial Value Fund Tax Abatement Agreement –Page 1 67030
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 Cabot II – TX1L01, LP (“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. 53 (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 the real property described in Exhibit “A” (“Land”) and intends
to construct three (3) flex/light industrial buildings containing approximately 714,010 square feet of
space in the aggregate (collectively the “Improvements”) 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
Cabot Industrial Value Fund Tax Abatement Agreement –Page 2 67030
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 the Owner 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).
“Building 4” shall mean a flex/light industrial building containing approximately 549,848
square feet of space to be constructed on the Land.
“Building 5” shall mean a flex/light industrial office building containing approximately
101,581 square feet of space to be constructed on the Land.
“Building 6” shall mean a flex/light industrial office building containing approximately
62,581 square feet of space to be constructed on the Land.
“Commencement of Construction” shall mean that: (i) the plans have been prepared and
all approvals thereof required by applicable governmental authorities have been obtained for
construction of the last Building comprising the Improvements; (ii) all necessary permits for the
construction of the last Building comprising the Improvements on the Land pursuant to the
respective plans therefore having been issued by all applicable governmental authorities; and (iii)
grading of the Land or the construction of the vertical elements of the last Building comprising
the Improvements has commenced.
“Completion of Construction” shall mean: (i) substantial completion of the last Building
comprising the Improvements; and (ii) a final certificate of occupancy has been issued for last of
the buildings comprising the Improvements.
“Effective Date” shall mean the last date of execution of this Agreement.
Cabot Industrial Value Fund Tax Abatement Agreement –Page 3 67030
“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 first final certificate of occupancy for the last of the
buildings comprising the Improvements.
“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.
“Improvements” shall collectively mean the Buildings 4, 5 and 6 containing approximately
714,010 square feet of space in the aggregate to be constructed on the Land located at the southeast
corner of North Pointe Drive and Sandy Lake Road in Coppell, Texas (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(s).
“Land” means the real property described in Exhibit A.
“Premises” shall collectively mean the Land and the Improvements following
construction thereof.
“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 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.
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.
Cabot Industrial Value Fund Tax Abatement Agreement –Page 4 67030
2.5 The Owner agrees to provide to the tenants of the Premises, the benefit of the tax
abatement of the Improvements granted herein. Owner shall, upon written request, provide the
City, with satisfactory evidence that the benefits of this Tax Abatement Agreement have been
provided to any such tenants.
2.6 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.
2.7 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.
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.
3.2 Subject to the terms and conditions of this Agreement, and provided the combined
Taxable Value for the Improvements, excluding the Land, is at least Twenty Million Dollars
($20,000,000) as of January 1 of the First Year of Abatement and as of January 1 of each year
thereafter that this Agreement is in effect, the City hereby grants Owner an abatement of seventy-
five percent (75%) of the Taxable Value of the Improvements for a period of five (5) consecutive
years. The actual percentage of Taxable Value of the Improvements subject to abatement for each
year this Agreement is in effect will apply only to the portion of the Taxable Value of the
Improvements that exceeds the Base Year Taxable Value.
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.
3.5 The term of the Agreement shall begin on the Effective Date and continuing until
the 6th Anniversary Date of the First Year of Abatement.
Article IV
Improvements
4.1 Owner owns, the Land and intends to construct or caused to be constructed thereon
the Improvements. Nothing in this Agreement shall obligate Owner to construct the Improvements
on the Land but said action is a condition precedent to tax abatement pursuant to this Agreement.
Cabot Industrial Value Fund Tax Abatement Agreement –Page 5 67030
4.2 As a condition precedent to the initiation of the Owner’s tax abatement pursuant to
this Agreement, Owner agrees, subject to events of Force Majeure, to cause Commencement of
Construction of the Improvements to occur within two (2) months after the Effective Date, and to
cause Completion of Construction of the Improvements to occur within twelve (12) calendar
months thereafter, as good and valuable consideration for this Agreement, and that all construction
of the Improvements will be in accordance with all applicable state and local laws, codes, and
regulations, (or valid waiver thereof).
4.3 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.
4.4 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 flex/industrial buildings for a period of five (5) years
commencing on the date the first final certificate of occupancy is issued for the last of the two
buildings comprising the Improvements.
4.5 The City, its agents and employees shall have the right of access to the Premises
during construction to inspect the Improvements at reasonable times and with reasonable notice to
Owner, and in accordance with Owner’s visitor access and security policies, in order to insure that
the construction of the Improvements are in accordance with this Agreement and all applicable state
and local laws and regulations (or valid waiver thereof).
Article V
Default: Recapture of Tax Revenue
5.1 In the event Owner: (i) fails to cause Completion of Construction of 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,
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 Improvements, 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 Premises, and shall become due,
owing and shall be paid to the City within thirty (30) days after termination.
5.2 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
cure any such default. If the default cannot reasonably be cured within a thirty (30) day period, and
Cabot Industrial Value Fund Tax Abatement Agreement –Page 6 67030
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.
5.3 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.
5.4 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 sixty (60) 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, 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 sixty (60) day payment period.
Article VI
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.
Article VII
Annual Rendition
The Owner shall annually render the value of the Improvements to the Appraisal District
and provide a copy of the same to the City upon written request.
Article VIII
Miscellaneous
8.1 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:
Cabot II-TX1L01, LP
C/o Cabot Properties, Inc.
One Beacon St. #1700
Boston, MA 02108
Cabot Industrial Value Fund Tax Abatement Agreement –Page 7 67030
With copy to:
Attn: Henry J. Knapek
Transwestern Commercial Services
5001 Spring Valley Drive Suite 600W
Dallas, Texas 75244
If intended for City, to:
Attn: City Manager
City of Coppell, Texas
P. O. Box 478
Coppell, Texas 75019
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
8.2 Authorization. This Agreement was authorized by resolution of the City Council
approved by its Council meeting authorizing the Mayor to execute this Agreement on behalf of the
City.
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 Governing 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. This Agreement is performable in Dallas County, Texas.
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. A certified copy of this Agreement shall be recorded by the City, at no
cost to Owner, in the Deed Records of Dallas County, Texas.
Cabot Industrial Value Fund Tax Abatement Agreement –Page 8 67030
8.8 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 Assignment. This Agreement shall be binding on and inure to the benefit of the
parties to it and their respective heirs, executors, administrators, legal representatives, successors,
and permitted assigns. This Agreement may not be assigned without the prior written consent of
the City Manager.
(Signature page to follow)
Cabot Industrial Value Fund Tax Abatement Agreement –Page 9 67030
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 (12-2-06)
EXECUTED in duplicate originals the ____ day of ________________, 2006.
Cabot II-TX1L01, LP
By:__________________________________
Name:________________________________
Title:_________________________________
Cabot Industrial Value Fund Tax Abatement Agreement –Page 10 67030
City’s Acknowledgment
State of Texas §
§
County of Dallas §
This instrument was acknowledged Before Me on the ____ day of _______________,
2006, 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:
_________________________
Owner’s Acknowledgment
State of Texas §
§
County of _______ §
This instrument was acknowledged before me on the _______ day of ___________, 2006
by _________________, the ____________ of Cabot II-TXL01,LP,
a________________________, on behalf of said _______________________.
Notary Public, State of Texas
My Commission expires:
___________________________
Cabot Industrial Value Fund Tax Abatement Agreement –Page 11 67030
Exhibit “A”
Legal Description of Land
LEGAL DESCRIPTION
FIELD NOTES
TRACT 2
BEING a 64.29 acre tract of land in the Jesse Moore Survey, Abstract No. 968, in the City of
Coppell, Dallas County, Texas, and being a part of that tract of land described in deed to
Ballantyne Jack, L.L.C., now known as AmberPoint at Coppell, L.L.C., a Delaware limited
liability company, as recorded in Volume 2001173, Page 3803, deed Records of Dallas County,
Texas (D.R.D.C.T.), and being all of Lot 2 of Block A of Amberpoint Business Park at Coppell,
an addition to the City of Coppell as recorded in Volume 2002027, Page 00071, D.R.D.C.T., and
being more particularly described by metes and bounds as follows:
BEGINNING at a ½-inch iron rod with yellow plastic cap stamped “HALFF ASSOC. INC.”
(hereafter referred to as “with cap”) set for the intersection of the east line of Northpoint Drive
(variable width right-of-way, 60 feet wide at this point) with the south right-of-way line of Sandy
Lake Road (variable width right-of-way) as dedicated by said plat of Amberpoint Business Park;
THENCE South 89 degrees 44 minutes 26 seconds East, along said south right-of-way line, a
distance of 1145.07 feet to a ½-inch iron rod with cap found for corner;
THENCE South 00 degrees 15 minutes 34 seconds West, continuing along said south right-of-
way line, a distance of 10.00 feet to a ½-inch iron rod with cap found for corner;
THENCE South 89 degrees 44 minutes 26 seconds East, continuing along said right-of-way line,
a distance of 265.56 feet to a ½-inch iron rod with cap found for corner at the intersection of said
south right-of-way line with the west right-of-way line of State Road (variable width right-of-
way) as dedicated by said plat of Amberpoint Business Park 35 foot wide dedication);
THENCE South 00 degrees 13 minutes 41 seconds East, along said west right-of-way line, a
distance of 1493.77 feet to a ½-inch rod with cap found for corner;
THENCE South 00 degrees 31 minutes 15 seconds West, continuing along said west right-of-
way line, a distance of 378.85 feet to a ½-inch iron rod with cap found for the intersection of said
west right-of-way line of that tract of land described in Special Warranty Deed to the City of
Coppell as recorded in Volume 96164, Page 207, D.R.D.C.T.;
THENCE North 89 degrees 44 minutes 06 seconds West, departing said west right-of-way line
and along said north line, a distance of 2479.88 feet to a ½-inch iron rod with cap found for
corner on the southeasterly line of said Northpoint Drive for the point of curvature of a circular
Cabot Industrial Value Fund Tax Abatement Agreement –Page 12 67030
curve to the left having a radius of 447.80 feet, whose chord bears North 61 degrees 32 minutes
06 seconds East a distance of 68.46 feet;
THENCE Northeasterly, along said southeasterly right-of-way line and said curve to the left,
through a central angle of 08 degrees 46minutes 03 seconds for an arc distance of 68.52 feet to
an “X” cut in concrete set for the point of reverse curvature of a circular curve to the right having
a radius of 322.76 feet, whose chord bears North 63 degrees 10 minutes 07 seconds East a
distance of 67.67 feet;
THENCE Northeasterly, continuing along said south right-of-way line and along said curve to
the right, through a central angel 12 degrees 02 minutes 05 seconds for an arc distance of 67.79
feet to a ½ inch iron rod found for the point of compound curvature of a circular curve to the
right having a radius of 420.00 feet, whose chord bears North 79 degrees 35 minutes 53 seconds
East a distance of 151.81 feet;
THENCE Northeasterly, continuing along said south right-of-way line and along said curve to
the right, through a central angle of 20 degrees 49 minutes 27 seconds for an arc distance of
152.65 feet to a ½-inch iron rod found for the point of tangency;
THENCE South 89 degrees 59 minutes 23 seconds East, continuing along said south right-of-
way line, a distance of 315.43 feet to a ½-inch iron rod with cap found for the point curvature of
a circular curve to the left having a radius of 480.00 feet, whose chord bears North 45 degrees 02
minutes 07 seconds East a distance of 678.53 feet;
THENCE Northeasterly, continuing along said southeasterly right-of-way line and along said
curve to the left, through a central angle of 89 degrees 57 minutes 00 seconds for an arc distance
of 753.56 feet to a ½-inch iron rod with cap found for the point of tangency;
THENCE North 00 degrees 03 minutes 37 seconds East, along the east right-of-way line of said
Northpoint Drive, a distance of 1307.49 feet to the POINT OF BEGINNING AND
CONTAINING 2,800,665 square feet or 64.29 acres of land, more or less.
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
City Manager's Office
December 12, 2006
13
✔
PUBLIC HEARING
Consider approval of the designation of a reinvestment zone pursuant to Section 312.201 of the Property
Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is the
property owned by Texas Dugan Limited Partnership, described as Lot 4R, Block A, Freeport North Addition (6.405
acres) and located on Royal Lane, approximately 1,200 feet north of Bethel Road.
The Public Hearing Notice was published in the Citizens Advocate on Friday, December 1, 2006.
Staff recommends that City Council hold the Public Hearing for
designation of a reinvestment zone for Texas Dugan Limited
Partnership.
!CSC PH - 1 AR
NOTICE OF PUBLIC HEARING
OF DESIGNATION OF REINVESTMENT ZONE
A PUBLIC HEARING will be conducted by the City Council of the City
of Coppell, Texas, in the Council Chambers, Town Center, 255
Parkway Boulevard, Coppell, Texas on the 12th day of December,
2006, at 7:00 P.M., to consider designation of the property
described as Lot 4R, Block A, Freeport North Addition (6.405
acres), located on Royal Lane, approximately 1,200 feet north of
Bethel Road, Coppell, Texas, Texas Dugan Limited Partnership and
Computer Sciences Corporation as a Reinvestment Zone under Chapter
312 of the Texas Property Tax Code.
The Council will seek to determine whether the improvements sought
to be made in the zone are feasible and practical and will be a
benefit to the land included in the zone and to the City after the
expiration of a tax abatement agreement to be entered into
pursuant to Section 312.204 of the Texas Property Tax Code.
At the hearing, interested persons are entitled to speak and
present evidence for or against the designation.
Citizens Advocate December 1, 2006
PUBLIC NOTICE 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).
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
City Manager's Office
December 12, 2006
14
✔
ORDINANCE
Consider approval of an Ordinance designating Texas Dugan Limited Partnership, Reinvestment Zone No. 56, and
authorizing the Mayor to sign.
City Council is scheduled to conduct a Public Hearing regarding designation of the reinvestment zone on December
12, 2006.
Staff recommends City Council approve the Ordinance designating
Texas Dugan Limited Partnership Reinvestment Zone No. 56 and
authorize the Mayor to sign.
!CSC Ord - 1 AR
1 71406
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DESIGNATING
REINVESTMENT ZONE NO. 56 (DUKE REALTY/COMPUTER
SCIENCES CORPORATION); PROVIDING ELIGIBILITY OF THE ZONE
FOR COMMERCIAL-INDUSTRIAL TAX ABATEMENT; CONTAINING
FINDINGS THAT THE AREA QUALIFIES TO BE DESIGNATED AS A
REINVESTMENT ZONE AND THE IMPROVEMENTS SOUGHT ARE
FEASIBLE AND PRACTICABLE AND OF BENEFIT TO THE LAND AND
THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, has caused notice to be
published in a newspaper having general circulation in the City and has delivered such notice to the
presiding officer of the governing body of each taxing unit that includes in its boundaries real
property described herein; and
WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing
on the designation of the area described herein as a reinvestment zone;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS THAT:
SECTION 1:That the City Council of the City of Coppell, Texas finds that the area
described herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the
retention or expansion of primary employment, or to attract major investment in the zone that will
be of benefit to the property and contribute to the economic development of the City. The City
Council further finds that the improvements and the tangible personal property to be located thereat
are feasible and practicable and would be of benefit to the land to be included in the zone and to the
City after the expiration of a tax abatement agreement.
SECTION 2.That pursuant to the provisions of Section 312.201 of the Texas Tax Code,
the property described in Exhibit “A” attached hereto and made a part hereof for all purposes is
hereby designated as a reinvestment zone and for identification is assigned the name “Reinvestment
Zone No. 56 (Duke Realty/Computer Sciences Corporation).”
2 71406
SECTION 3.That the property within Reinvestment Zone No. 56 is eligible for
commercial-industrial tax abatement effective on January 1, 2007.
SECTION 4.If any article, paragraph or subdivision, clause or provision of this ordinance
shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or
unconstitutional.
SECTION 5.That all provisions of ordinances of the City of Coppell, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions
not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 6.This ordinance shall take effect immediately from and after its passage, as
the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, on the ______ day of
___________________, 2006.
APPROVED:
DOUGLAS STOVER, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
CITY ATTORNEY
(PGS/si 11/30/06)(71406)
EXHIBIT “A”
LEGAL DESCRIPTION OF LAND
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
City Manager's Office
December 12, 2006
15
✔
RESOLUTION
Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Texas
Dugan Limited Partnership, and authorizing the Mayor to sign.
City Council is scheduled to conduct a Public Hearing regarding the designation of the reinvestment zone on
December 12, 2006. The Coppell Economic Development Committee unanimously recommended approval of this
abatement agreement request on October 4, 2006.
Staff recommends City Council approve the Tax Abatement
Agreement between the City of Coppell and Texas Dugan Limited
Partnership and authorize the Mayor to sign it.
!CSC Res - 1 AR
1 11892
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 DUKE REALTY/COMPUTER
SCIENCES CORPORATION; 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 Duke Realty/Computer Sciences Corporation, 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 11892
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 12/04/06)
Coppell/Texas Dugan Limited Partnership/Computer Sciences Corp./Tax Abatement Agreement –Page 1 71346
STATE OF TEXAS §
§ Tax Abatement Agreement
COUNTY OF DALLAS §
This Tax Abatement Agreement (the “Agreement”) is entered into by and among the City of
Coppell, Texas (the “City”), Texas Dugan Limited Partnership (“Owner”) and Computer Sciences
Corporation, a Nevada Corporation (“Lessee”), acting by and through their authorized
representatives.
W I T N E S S E T H:
WHEREAS, the City Council of the City of Coppell, Texas, (the “City”), passed an
Ordinance (the “Ordinance”) establishing Tax Abatement Reinvestment Zone No. 56 (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” (“Land”) and intends to construct an office building, containing at least 51,000 square
feet of office space, (hereinafter defined as the “Improvements”) on the Land; and
WHEREAS, Lessee has leased or is under contract to lease at least 40,000 square feet of
space within the Improvements (the “Leased Improvements”), and intends to locate Tangible
Personal Property (hereinafter defined) at the Improvements;
WHEREAS, development efforts of Owner and Lessee described herein will create
permanent new jobs in the City; and
WHEREAS, the City Council finds that the contemplated use of the Premises, 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
Coppell/Texas Dugan Limited Partnership/Computer Sciences Corp./Tax Abatement Agreement –Page 2 71346
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
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 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 year in which the Tax
Abatement Agreement is executed (2006).
“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; (ii) all necessary permits for construction of the Improvements
pursuant to the respective plans therefore having been issued by all applicable governmental
authorities; and (iii) preparation of the Land or grading has commenced.
“Completion of Construction” shall mean: (i) substantial completion of the
Improvements; and (ii) the first final permanent certificate of occupancy has been issued for the
Lessee’s occupancy of the Improvements.
“Effective Date” shall mean the last date of execution of this Agreement.
“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
Coppell/Texas Dugan Limited Partnership/Computer Sciences Corp./Tax Abatement Agreement –Page 3 71346
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.
“Expiration Date” shall mean February 1 of the calendar year following the 5th
anniversary date of the First Year of Abatement.
“First Year of Abatement” shall mean January 1 of the calendar year immediately
following the date of issuance of the first final permanent certificate of occupancy for the
Lessee’s occupancy of the Improvements.
“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.
“Improvements” shall mean an office building containing at least 51,000 square feet of
office 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).
“Land” means the real property described in Exhibit A.
“Lease” shall mean the lease of at least 40,000 square feet of office space in the
Improvements by Lessee with a lease inception date of no later than January 1, 2007.
“Lessee” shall mean Computer Sciences Corporation, aNevada Corporation.
“Leased Improvements” shall mean Lessee’s lease of at least 40,000 square feet of office
space in the Improvements.
“Owner” shall mean Texas Dugan Limited Partnership.
“Premises” shall collectively mean the Land and Improvements, following construction
thereof.
“Tangible Personal Property” shall mean tangible personal property, equipment and
fixtures, other than inventory or supplies, owned or leased by Lessee that is added to the
Improvements subsequent to the execution of this Agreement.
“Taxable Value” shall mean the appraised value as determined by the appraisal district
for a given year.
Coppell/Texas Dugan Limited Partnership/Computer Sciences Corp./Tax Abatement Agreement –Page 4 71346
Article II
Term
The term of this Agreement shall begin on the Effective Date and shall continue until the
Expiration Date, unless sooner terminated as provided herein.
Article III
General Provisions
3.1 Owner is the owner of, or is under contract, to purchase the Land, which Land is
located within the city limits of the City and within the Zone, and intends to construct the
Improvements on the Land. Lessee intends to lease at least 40,000 square feet of office space in the
Improvements and to locate Tangible Personal Property at the Improvements.
3.2 The Premises are not in an improvement project financed by tax increment bonds.
3.3 This Agreement is entered into subject to the rights of the holders of outstanding
bonds of the City.
3.4 The Premises is not owned or leased by any member of the Coppell City Council or
any member of the Coppell Planning and Zoning Commission.
Article IV
Tax Abatement Authorized
4.1 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.
4.2 Subject to the terms and conditions of this Agreement, and provided the Taxable
Value of the Improvements, excluding the Land, is at least $5.5 Million Dollars, as of the First Year
of Abatement and as of January 1 of each year thereafter for a total period of five (5) consecutive
calendar years, the City hereby grants Owner an abatement of eighty percent (80%) of the Taxable
Value of the Improvements. Subject to the terms and conditions of this Agreement, and provided
the Taxable Value of the Tangible Personal Property, is at least $5.5 Million Dollars, as of the First
Year of Abatement and as of January 1 of each year thereafter for a total period of five (5)
consecutive calendar years, the City grants Lessee an abatement of eighty percent (80%) of the
Taxable Value of the Tangible Personal Property for a period of five (5) consecutive years,
beginning with 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 of the Improvements. The actual
percentage of the Taxable Value of the Tangible Personal Property subject to abatement will apply
only to tangible personal property added to the Premises after this Agreement is executed.
4.3 The period of tax abatement for the Improvements shall be for a period of five (5)
consecutive years.
Coppell/Texas Dugan Limited Partnership/Computer Sciences Corp./Tax Abatement Agreement –Page 5 71346
4.4 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.
Article V
Improvements
Owner owns or is under contract to purchase the Land, and agrees to construct
Improvements on the Land. Nothing in this Agreement shall obligate Owner to construct the
Improvements on the Land and/or for Lessee to locate Tangible Personal Property at the
Improvements but said actions are conditions precedent to tax abatement pursuant to this
Agreement.
Article VI
Construction of the Improvements
6.1 As a condition precedent to the initiation tax abatement pursuant to this Agreement,
Owner agrees, subject to events of Force Majeure, to cause Commencement of Construction of the
Improvements to occur within six (6) calendar months after the Effective Date, and to cause
Completion of Construction of the Improvements to occur within eighteen (18) calendar months
thereafter, as good and valuable consideration for this Agreement, and that all construction of the
Improvements will be in accordance with all applicable state and local laws, codes, and regulations,
(or valid waiver thereof).
6.2 Owner and Lessee each agree to maintain the Improvements during the term of this
Agreement in accordance with all applicable state and local laws, codes, and regulations. Owner
and Lessee each agree that the Improvements shall be used only as office building for a period of
at least five (5) years commencing with the First Year of Abatement.
6.3 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 Lessee, and in accordance with Owner’s and Lessee’s visitor access and security
policies, in order to insure that the construction of the Improvements are in accordance with this
Agreement and all applicable state and local laws and regulations (or valid waiver thereof).
Article VII
General Requirements
7.1 Construction plans for the Improvements to be filed with the City, shall be deemed
to be incorporated by reference herein and made a part hereof for all purposes.
7.2 Owner and Lessee shall each before May 1, of each calendar year that the
Agreement is in effect, certify in writing to the City that such party is in compliance with each term
of the Agreement.
7.3 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)
Coppell/Texas Dugan Limited Partnership/Computer Sciences Corp./Tax Abatement Agreement –Page 6 71346
that, during the period taxes are abated hereunder, is consistent with the general purposes of
encouraging development or redevelopment within the Zone.
Article VIII
Default: Recapture of Abated Tax
8.1 In the event: (i) Owner fails to complete the Improvements in accordance with
this Agreement or in accordance with applicable State or local laws, codes or regulations; (ii)
Owner or Lessee has delinquent ad valorem or sales taxes owed to the City with respect to the
Premises (provided such party retains its right to timely and properly protest such taxes or
assessments); (iii) Owner or Lessee has an “Event of Bankruptcy or Insolvency”; or (iv) Owner
or Lessee breaches any of the terms and conditions of this Agreement, then such party (the
“Defaulting Party”), after the expiration of the notice and cure periods described below, shall be
in default of this Agreement. As liquidated damages in the event of such default, the Defaulting
Party shall, within thirty (30) days after demand, pay to the City all taxes which otherwise would
have been paid by the Defaulting Party to the City without benefit of a tax abatement for the
Defaulting Party’s property the subject of this Agreement, with interest at the statutory rate for
delinquent taxes as determined by Section 33.01 of the Tax Code, as amended, but without
penalty. The parties acknowledge that actual damages in the event of default termination would
be speculative and difficult to determine. The parties further agree that any abated tax, including
interest as a result of this Agreement, shall be recoverable against the Defaulting Party’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.
8.2 Upon breach by Owner and/or Lessee of any obligations under this Agreement, the
City shall notify the “Defaulting Party” and the “Non-Defaulting Party” in writing. The Defaulting
Party shall have thirty (30) days from receipt of the notice in which to cure any such default. The
non-defaulting party shall have the right, but not the obligation, to cure the default of the
“Defaulting Party”. If the default cannot reasonably be cured within a thirty (30) day period, and the
Defaulting Party has diligently pursued such remedies as shall be reasonably necessary to cure such
default, then the City may extend the period in which the violation must be cured.
8.3 If the Defaulting Party or the non-defaulting party 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 with respect to the “Defaulting Party” by
written notice to the Defaulting Party. For illustration purposes only, in the event that this
Agreement is terminated with respect to Lessee such that Lessee is no longer entitled to tax
abatement for its Tangible Personal Property under this Agreement, this Agreement shall remain in
full force and effect for the Owner and the tax abatement of the Improvements shall not be affected
thereby.
8.4 Upon termination of this Agreement by City with respect to a Defaulting Party, all
tax abated as a result of this Agreement with respect to such Defaulting party and such Defaulting
Party’s property the subject 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 delinquent property tax.
Coppell/Texas Dugan Limited Partnership/Computer Sciences Corp./Tax Abatement Agreement –Page 7 71346
The City at its sole discretion has the option to provide a repayment schedule. The computation of
the abated tax for purposes of the Agreement shall be based upon the full Taxable Value of the
Improvements or the Tangible Personal Property, as the case may be, without tax abatement for the
years in which tax abatement hereunder was received by the Defaulting Party with respect to the
Improvements or Tangible Personal Property, as the case may be, as determined by the Appraisal
District, multiplied by the tax rate of the years in question, as calculated by the City Tax Assessor-
Collector respectively. 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 IX
Miscellaneous
9.1 Annual Application For Tax Exemption. It shall be the responsibility of the
Owner and Lessee pursuant to the Tax Code, to each file an annual exemption application form with
the Chief Appraiser for the Appraisal District in which the eligible taxable property has situs. A
copy of the exemption application shall be submitted to the City upon request.
9.2 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:
Attn: Jeff Turner
Texas Dugan Limited Partnership
5495 Beltline Road
Coppell, Texas 75254
With copy to:
Attn: Corporate Counsel (Texas Market)
Dugan Realty Corporation
6133 North River Road
Suite 200
Rosemont, IL 60018
If intended for Lessee, to:
Computer Sciences Corporation
2100 E. Grand Avenue
El Segundo, CA 90245
Attn: Jim Peterman
Coppell/Texas Dugan Limited Partnership/Computer Sciences Corp./Tax Abatement Agreement –Page 8 71346
If intended for City, to:
Attn: City Manager
City of Coppell, Texas
P. O. Box 478
Coppell, Texas 75019
With copy to:
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
9.3 City Council Authorization. This Agreement was authorized by resolution of the
City Council approved by its Council meeting authorizing the Mayor to execute this Agreement on
behalf of the City.
9.4 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.
9.5 Governing 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.
9.6 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.
9.7 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.
9.8 Incorporation of Recitals. The determinations recited and declared in the
preambles to this Agreement are hereby incorporated herein as part of this Agreement.
9.9 Exhibits. All exhibits to this Agreement are incorporated herein by reference for
all purposes wherever reference is made to the same.
9.10 Chamber of Commerce. During the term of this Agreement, Owner and Lessee
each agree to maintain continuous corporate membership in the Coppell Chamber of Commerce.
Coppell/Texas Dugan Limited Partnership/Computer Sciences Corp./Tax Abatement Agreement –Page 9 71346
9.11 Assignment.This Agreement shall be binding on and inure to the benefit of the
parties to it and their respective heirs, executors, administrators, legal representatives, successors,
and permitted assigns. This Agreement may not be assigned with the prior written consent of the
City Manager.
9.12 Conditions Precedent. This Agreement is subject to and conditioned upon: (i)
Owner closing its purchase of the Land on or before December 1, 2006; (ii) Lessee and Owner
entering into the Lease on or before January 1, 2007; and (iii) Lessee occupancy of the Leased
Improvements on or before January 1, 2007.
EXECUTED in duplicate originals this the ____ day of ___________________, 2006.
City of Coppell, Texas
By: ______________________________________
Douglas N. Stover, Mayor
Attest:
By: _______________________________________
Libby Ball, City Secretary
Agreed as to Form:
By:
Peter G. Smith, City Attorney
Coppell/Texas Dugan Limited Partnership/Computer Sciences Corp./Tax Abatement Agreement –Page 10 71346
EXECUTED in duplicate originals this the ____ day of ____________________, 2006.
TEXAS DUGAN LIMITED PARTNERSHIP, a
Delaware limited partnership
By: DUGAN GENERAL PARTNER LLC, a
Delaware limited liability company, its
general partner
By: DUGAN TEXAS LLC, a Delaware limited
liability company, its sole member
By: DUKE REALTY LIMITED
PARTNERSHIP, an Indiana limited
partnership, its manager
By: DUKE REALTY CORPORATION, an
Indiana corporation, its general partner
By:___________________________
Jeffrey D. Turner
Senior Vice President
EXECUTED in duplicate originals this the ____ day of ____________________, 2006.
Computer Sciences Corporation
By: ________________________________________
Name: ______________________________________
Title:________________________________________
Coppell/Texas Dugan Limited Partnership/Computer Sciences Corp./Tax Abatement Agreement –Page 11 71346
City’s Acknowledgment
State of Texas §
§
County of Dallas §
This instrument was acknowledged before me on the _____ day of _______________,
2006, 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:
_________________________
Owner’s Acknowledgment
State 0f Texas §
§
County of Dallas §
Before me, the undersigned, a notary public in and for said county and state, on this day
personally appeared Jeffrey d. Turner, senior vice president of duke realty corporation, an
Indiana corporation, known to me as the person and officer whose name is subscribed to the
foregoing instrument and acknowledged to me that the same was the act of the said Texas Dugan
limited partnership, and that he executed the same as the act of such corporation in its capacity as
general partner of duke realty limited partnership, acting in its capacity as manager of Dugan
Texas LLC, as sole member of Dugan Texas general partner LLC, in its capacity as general
partner of Texas Dugan limited partnership, for the purposes and consideration therein
expressed, and in the capacity therein stated.
Notary Public, State of Texas
My Commission Expires:
Coppell/Texas Dugan Limited Partnership/Computer Sciences Corp./Tax Abatement Agreement –Page 12 71346
Lessee’s Acknowledgment
State of ______ §
§
County of _______ §
This instrument was acknowledged before me on the _______ day of ___________,
2006, by __________________ being the ___________________ of Computer Sciences
Corporation, a Nevada corporation, on behalf of said corporation.
Notary Public, State of _________
My Commission Expires:
Exhibit “A”
Legal description
FREEPORT VIII
Lot 4R, Block A, Freeport North Addition
City of Coppell, Dallas County, Texas
DESCRIPTION, of a 6.405 acre tract of land situated in the William K. Payne Survey, Abstract
No. 1140 and the J.T. Thweatt, Survey Abstract No. 1753, Dallas County, Texas, said tract being
a portion of Freeport North, an addition to the City of Coppell, Texas according to the plat
recorded in Volume 84203, Page 1835 of the Deed Records of Dallas County, Texas, and being a
portion of the same tract of land described in Special Warranty Deed to Texas Dugan Limited
Partnership recorded in Volume 2000251, Page 2685 of the Deed Records of Dallas County,
Texas; said 6.405 acre tract being more particularly described as follows;
BEGINNING, at a point for corner; said point being in the southwest right-of-way line of Royal
Lane (a 100 foot wide right-of-way); said point also being the northwest corner of Gulf United
Industries Addition, an addition to the City of Coppell, Texas according to the plat recorded in
Volume 95054, Page 4906, of the Deed Records of Dallas County, Texas;
THENCE, in a southerly direction, departing the said southwest line of Royal Lane and along the
west line of said Gulf United Industries Addition, the following three (3) calls;
South 20 degrees, 53 minutes, 57 seconds West, a distance of 28.13 feet to a 1/2-inch iron
rod found; said point being the beginning of a tangent curve to the left;
In a southerly direction along the said curve to the left, having a central angle of 21 degrees,
29 minutes, 59 seconds, an arc distance of 281.43 feet, a radius of 750.00 feet, and a chord
bearing and distance of South 10 degrees, 28 minutes, 18 seconds West, 279.78 feet, an arc
distance of 281.43 feet to a point for corner at the end of said curve;
South 00 degrees, 16 minutes, 41 seconds East, a distance of 225.97 feet to a point for
corner; said point being the northeast corner of Lot 1, Block 1, Cici's Addition, an addition to
the City of Coppell, Texas according to the plat recorded in Volume 99124, Page 170 of the
Deed Records of Dallas County, Texas;
THENCE, North 89 degrees, 32 minutes, 04 seconds West, departing the said west line of the
Gulf United Industries Addition and along the north line of the said Lot 1 of Cici's Addition, a
distance of 408.83 feet to a point for corner; said point being the southeast corner of Lot 1, Block
A, Freeport North, an addition to the City of Coppell, Texas according to the plat recorded in
Volume 2001132, Page 37 of the Deed Records of Dallas County, Texas;
THENCE, is a northerly direction, departing the said north line of Cici's Addition and along the
east line of said Lot 1, of Freeport North, the following four (4) calls:
North 00 degrees, 03 minutes, 45 seconds West, a distance of 368.65 feet to a 1/2-inch iron
rod with "Pacheco Koch" cap found for corner at an interior "ell" corner;
South 89 degrees, 56 minutes, 15 seconds West, a distance of 20.00 feet to a point for corner
at an exterior "ell" corner;
North 00 degrees, 03 minutes, 45 seconds West, a distance of 376.75 feet to a "+" cut in
concrete found at an angle point;
North 45 degrees, 03 minutes, 47 seconds East, a distance of 41.48 feet to a "+" cut in
concrete found in the said southwest line of Royal Lane; said point being the beginning of a
non-tangent curve to the left;
THENCE, in a southeasterly direction and along the said southwest line of Royal Land, and
along said curve to the left, having a central angle of 20 degrees, 35 minutes, 39 seconds, a
radius of 1050.00 feet, and a chord bearing and distance of South 58 degrees, 28 minutes, 50
seconds East, 375.38 feet, an arc distance of 377.41 feet to a 1/2-inch iron rod with "LJA" cap
found at the end of said curve;
THENCE, South 68 degrees, 46 minutes, 40 seconds East, continuing along the said southwest
line of Royal Lane, a distance of 150.24 feet to the POINT OF BEGINNING.
CONTAINING, 278,998 square feet or 6.405 acres of land, more or less.
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
City Manager's Office
December 12, 2006
16
✔
PUBLIC HEARING
Consider approval of the designation of a reinvestment zone pursuant to Section 312.201 of the Property
Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is the
property owned by Coppell Commerce Center, Ltd. with personal property owned by DaVita Rx, Inc., described as
Block D, Lots 1R & 1R1 of the Northlake 635 Business Park Addition(32.83 acres) and located at the southwest corner of
Belt Line Road and Wrangler Drive.
The Public Hearing Notice was published in the Citizens Advocate on Friday, December 1, 2006.
Staff recommends that City Council hold the Public Hearing for
designation of a reinvestment zone.
!DaVita Rx PH - 1 AR
NOTICE OF PUBLIC HEARING
OF DESIGNATION OF REINVESTMENT ZONE
A PUBLIC HEARING will be conducted by the City Council of the City
of Coppell, Texas, in the Council Chambers, Town Center, 255
Parkway Boulevard, Coppell, Texas on the 12th day of December,
2006, at 7:00 P.M., to consider designation of the property
described as Block D, Lots 1R & 1R1 of the Northlake 635 Business
Park Addition(32.83 acres), located at the southwest corner of
Belt Line Road and Wrangler Drive, Coppell, Texas, DaVita Rx, Inc.
as a Reinvestment Zone under Chapter 312 of the Texas Property Tax
Code.
The Council will seek to determine whether the improvements sought
to be made in the zone are feasible and practical and will be a
benefit to the land included in the zone and to the City after the
expiration of a tax abatement agreement to be entered into
pursuant to Section 312.204 of the Texas Property Tax Code.
At the hearing, interested persons are entitled to speak and
present evidence for or against the designation.
Citizens Advocate December 1, 2006
PUBLIC NOTICE 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).
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
City Manager's Office
December 12, 2006
17
✔
ORDINANCE
Consider approval of an Ordinance designating Coppell Commerce Center, Ltd. (DaVita Rx, Inc.), Reinvestment Zone
No. 54, and authorizing the Mayor to sign.
City Council is scheduled to conduct a Public Hearing regarding designation of the reinvestment zone on December
12, 2006.
Staff recommends City Council approve the Ordinance designating
Coppell Commerce Center, Ltd. Reinvestment Zone No. 54 and
authorize the Mayor to sign.
!DaVita Rx Ord - 1 AR
1 67069
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DESIGNATING
REINVESTMENT ZONE NO. 54 (DAVITA RX); PROVIDING
ELIGIBILITY OF THE ZONE FOR COMMERCIAL-INDUSTRIAL TAX
ABATEMENT; CONTAINING FINDINGS THAT THE AREA QUALIFIES
TO BE DESIGNATED AS A REINVESTMENT ZONE AND THE
IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICABLE AND
OF BENEFIT TO THE LAND AND THE CITY; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, has caused notice to be
published in a newspaper having general circulation in the City and has delivered such notice to the
presiding officer of the governing body of each taxing unit that includes in its boundaries real
property described herein; and
WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing
on the designation of the area described herein as a reinvestment zone;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS THAT:
SECTION 1:That the City Council of the City of Coppell, Texas finds that the area
described herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the
retention or expansion of primary employment, or to attract major investment in the zone that will
be of benefit to the property and contribute to the economic development of the City. The City
Council further finds that the improvements and the tangible personal property to be located thereat
are feasible and practicable and would be of benefit to the land to be included in the zone and to the
City after the expiration of a tax abatement agreement.
SECTION 2.That pursuant to the provisions of Section 312.201 of the Texas Tax Code,
the property described in Exhibit “A” attached hereto and made a part hereof for all purposes is
hereby designated as a reinvestment zone and for identification is assigned the name “Reinvestment
Zone No. 54 (DaVita Rx).”
2 67069
SECTION 3.That the property within Reinvestment Zone No. 54 is eligible for
commercial-industrial tax abatement effective on January 1, 2006.
SECTION 4.If any article, paragraph or subdivision, clause or provision of this ordinance
shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or
unconstitutional.
SECTION 5.That all provisions of ordinances of the City of Coppell, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions
not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 6.This ordinance shall take effect immediately from and after its passage, as
the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, on the ______ day of
___________________, 2006.
APPROVED:
DOUGLAS STOVER, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
CITY ATTORNEY
(PGS/si 12/6/06)(67069)
EXHIBIT “A”
LEGAL DESCRIPTION OF LAND
Lots 1R & 1R1, Block D
Northlake 635 Business Park Addition
STATE OF TEXAS
COUNTY OF DALLAS
WHEREAS, Coppell Commerce Center, Ltd., a Texas Limited Partnership, is the owner of a
tract of land situated in the Cordelia Bowen Survey, Abstract No. 56, in the City of Coppell,
Dallas County, Texas, said tract being all of that tract of land described in deed to said Coppell
Commerce Center, Ltd. as recorded in Volume 99223, Page 631, Deed Records, Dallas County,
Texas (D.R.D.C.T.), said tract also being all of Coppell Business Center II, an addition to the
City of Coppell as recorded in Volume 99217, Page 1763, D.R.D.C.T., and being more
particularly described as follows:
BEGINNING at a ½-inch found iron rod for the intersection of the west right-of-way line of
Beltline Road (a variable width right-of-way) and the north right-of-way line of Lakeshore Drive
(a variable width right-of-way, 90 feet wide at this point), as dedicated by the plat of Northlake
635 Business Park, an addition to the City of Coppell as recorded in Volume 85056, Page 3358,
D.R.D.C.T.:
THENCE along the north, northeast and east right-of-way lines of said Lakeshore Drive, the
following calls:
North 89 degrees 30 minutes 00 seconds West, a distance of 185.34 feet to a ½-inch set iron rod
with a yellow plastic cap stamped ‘HALFF ASSOC. INC.’ (hereinafter referred to as ‘with cap’)
for the point of curvature of a circular curve to the left having a central angle of 12 degrees 50
minutes 19 seconds and a radius of 300.00 feet, whose chord bears South 84 degrees 04 minutes
51 seconds West a distance of 67.08 feet;
Westerly, along said curve for an arc distance of 67.22 feet to a ½-inch set iron rod with cap for
the point of reverse curvature of a circular curve to the right having a central angel of 12 degrees
50 minutes 19 seconds and a radius of 300.00 feet, whose chord bears South 84 degrees 04
minutes 51 seconds West a distance of 67.08 feet;
Westerly, along said curve for an arc distance of 67.22 feet to a ½-inch found iron rod with cap
stamped ‘Powell and Powell’ for the point of tangency, said Lakeshore Drive being a 60 foot
right-of-way at this point;
North 89 degrees 30 minutes 00 seconds West, a distance of 388.27 feet to a ½-inch set iron rod
with cap for the point of curvature of a circular curve to the right having a central angle of 52
degrees 53 minutes 07 seconds and a radius of 320.00 feet, whose chord bears South 63 degrees
03 minutes 27 seconds West a distance of 284.99 feet;
Northwesterly, along said curve for an arc distance of 295.37 feet to a ½-inch found iron rod for
the point of tangency;
North 36 degrees 36 minutes 53 seconds West, a distance of 398.49 feet to a ½-inch set iron rod
with cap for the point of curvature of a circular curve to the right having a central angle of 37
degrees 06 minutes 53 seconds and a radius of 320.00 feet, whose chord bears North 18 degrees
03 minutes 27 seconds West a distance of 203.68 feet;
Northerly, along said curve for an arc distance of 207.29 feet to a ½-inch found iron rod for the
point of tangency;
North 00 degrees 30 minutes 00 seconds East, a distance of 556.13 feet to a ½-inch found iron
rod with cap for the intersection of said east right-of-way line of Lakeshore Drive with a line of 5
feet north of and parallel to the north line of a 50 foot Open Channel Drainage Easement as
dedicated by the aforementioned plat of Northlake 635 Business Park;
THENCE departing said east line and along said parallel line, the following calls:
South 89 degrees 30 minutes 00 seconds East, a distance of 629.41 feet to a ½-inch found iron
rod with cap for the point of curvature of circular curve to the left having a central angle of 27
degrees 17 minutes 51 seconds and a radius of 470.00 feet , whose chord bears North 76 degrees
51 minutes 05 seconds East a distance of 221.81 feet;
Easterly, along said curve for an arc distance of 223.92 feet to a ½-inch set iron rod with cap for
the point of reverse curvature of a circular curve to the right having a central angel of 27 degrees
17 minutes 51 seconds and a radius of 530.00 feet, whose chord bears South 76 degrees 51
minutes 05 seconds East a distance of 250.13 feet;
Easterly, along said curve for an arc distance of 252.51 feet to a ½-inch found iron rod for the
point of tangency;
South 89 degrees 30 minutes 00 seconds East, a distance of 168.37 feet to a point for the
intersection of said parallel line and the aforementioned west right-of-way line of Beltline Road,
said point bears North 00 degrees 30 minutes 00 seconds East, a distance of 30.00 feet from the
intersection of the center line of said 50 foot Easement and said west right-of-way line;
THENCE South 00 degrees 30 minutes 00 seconds West, along said west right-of-way line, a
distance of 1235.26 feet to a ½-inch set iron rod with cap for corner;
THENCE South 10 degrees 48 minutes 36 seconds East, continuing along said west right-of-way
line, a distance of 56.09 feet to the POINT OF BEGINNING AND CONTAINING 1,430,216
square feet or 32.83 acres of land, more or less.
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
City Manager's Office
December 12, 2006
18
✔
RESOLUTION
Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and DaVita
Rx, Inc., and authorizing the Mayor to sign.
City Council is scheduled to conduct a Public Hearing regarding the designation of the reinvestment zone on
December 12, 2006. The Coppell Economic Development Committee unanimously recommended approval of this
abatement agreement request on May 17, 2006.
Staff recommends City Council approve the Tax Abatement
Agreement between the City of Coppell and DaVita Rx, Inc. and
authorize the Mayor to sign it.
!DaVita Rx Res - 1 AR
1 67070
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 DAVITA RX; 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 DaVita Rx, 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 tangible personal property to be located at 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 tangible personal property to be located at the Premises will accomplish
the tax abatement guidelines of the City of Coppell, Texas.
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
2 67070
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 11/30/06)
DaVita Rx/Tax Abatement Agreement –Page 1
67074
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 DaVita Rx, Inc. (“Lessee”), acting by and through their
authorized representatives.
W I T N E S S E T H:
WHEREAS, the City Council of the City of Coppell, Texas, (the “City”), passed an
Ordinance (the “Ordinance”) establishing Tax Abatement Reinvestment Zone No. 54 (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, Lessee has or intends to lease approximately 53,000 square feet of space in
the existing building located at 1234 Lakeshore Drive (hereinafter defined as the “Improvements”)
on the real property described in Exhibit “A” (the “Land”) and intends to reconfigure, or cause to be
reconfigured, on the Land and intends to locate certain Tangible Personal Property (hereinafter
defined) at the Improvements; 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
DaVita Rx/Tax Abatement Agreement –Page 2
67074
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 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 Tangible Personal
Property for the year in which the Tax Abatement Agreement is executed (2006).
“City” shall mean the City of Coppell, Texas.
“Commencement of Construction” shall mean that: (i) the plans have been prepared and
all approvals thereof required by applicable governmental authorities have been obtained for
reconfiguration of the Improvements; (ii) all necessary permits for the reconfiguration of the
Improvements pursuant to the respective plans therefore having been issued by all applicable
governmental authorities; and (iii) the construction of the vertical elements of the reconfiguration
of the Improvements has commenced.
“Completion of Construction” shall mean that: (i) the reconfiguration of the
Improvements, on the Land has been substantially completed; (ii) the first final, permanent
certificate(s) of occupancy for the occupancy of the Improvements following the reconfiguration
thereof, has been issued by the City.
“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 first final certificate of occupancy for the Lessee’s occupancy
for the Improvements unless otherwise agreed by the parties.
DaVita Rx/Tax Abatement Agreement –Page 3
67074
“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.
“Improvements” shall mean the existing building located at 1234 Lakeshore Drive,
Coppell, Texas on the Land.
“Land” means the real property described in Exhibit A.
“Lease” shall mean Lessee’s lease of approximately 53,000 square feet of space in the
Improvements.
“Lessee” shall mean DaVita, Rx, Inc.
“Pharmacy” shall mean a pharmacy to be operated by the Lessee at the Improvements.
“Premises” shall collectively mean the Land and the Improvements, but excluding Tangible
Personal Property.
“Tangible Personal Property” shall mean tangible personal property, equipment and
fixtures owned by or leased by Lessee, other than inventory or supplies, located at the
Improvements, 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 Lessee has or is under contract to lease the Improvements, which are located within
the city limits of the City and within the Zone. Lessee intends to locate Tangible Personal Property
at the Improvements.
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.
2.5 Lessee shall before May 1, of each calendar year that the Agreement is in effect,
certify in writing to the City that, to its knowledge, it is in compliance with each term of the
Agreement.
DaVita Rx/Tax Abatement Agreement –Page 4
67074
2.6 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. The City acknowledges that the
operation of a pharmacy is consistent with the City’s Comprehensive Zoning Ordinance, as
amended, and the City’s general purposes of encouraging development or redevelopment within the
Zone.
2.7 Lessee agrees, subject to events of Force Majeure, to continuously lease and occupy
the Improvements for a period of at least five (5) consecutive years beginning with the First Year of
Abatement.
2.8 The term of this Agreement shall begin on the Effective Date and continue until
the 6th anniversary date of the First Year of Abatement, unless sooner terminated as provided
herein.
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.
3.2 Subject to the terms and conditions of this Agreement, and provided the Taxable
Value of the Tangible Personal Property is at least Six Million Dollars ($6,000,000.00) as of
January 1 of the First Year of Abatement and as of January 1 of each year thereafter that this
Agreement is in effect, the City hereby grants Lessee an abatement of 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 Tangible
Personal Property subject to abatement will only apply to the Tangible Personal Property located in
the Improvements after this Agreement is executed.
3.3 The period of tax abatement herein authorized shall be for a period of five (5)
consecutive years beginning with the First Year of Abatement.
3.4 During the period of tax abatement herein authorized, Lessee shall be subject to
all taxation not abated, including but not limited to, sales tax and ad valorem taxation on land,
inventory and supplies.
Article IV
Improvements
4.1 Lessee agrees to continuously lease and occupy the Improvements and agrees to
locate and maintain Tangible Personal Property at the Improvements with a Taxable Value of at
least Six Million Dollars ($6,000,000.00) as of the First Year of Abatement as of January 1 of each
year thereafter that this Agreement is in effect. Nothing in this Agreement shall obligate Lessee to
DaVita Rx/Tax Abatement Agreement –Page 5
67074
lease the Improvements or to locate Tangible Personal Property at the Improvements but said
actions are a condition precedent to Lessee’s tax abatement pursuant to this Agreement.
4.2 Subject to the terms of the Lease, Lessee agrees to maintain the portion of the
Improvements it has leased under the Lease, as required under the terms of its Lease, during the
term of this Agreement in accordance with all applicable state and local laws, codes, and
regulations. Lessee agrees that the portion of the Improvements it has leased under the Lease, shall
be used only as a pharmacy and related purposes for a period of five (5) years commencing with the
First Year of Abatement.
4.3 The City, its agents and employees shall have the right of access to the Premises to
inspect the portion of the Improvements Lessee has leased, provided that such inspection and entry
shall be in accordance with all applicable state and local laws and regulations (or valid waiver
thereof) at reasonable times and with reasonable notice to Lessee, and in accordance with Lessee’s
visitor access and security policies, in order to insure that the Lessee is in compliance with this
Agreement, and the City, its agents and employees shall be subject to and shall comply with all
applicable state and federal drug control laws and patient confidentiality laws, as well as Lessee’s
policies and procedures.
Article V
Default: Recapture of Tax Revenue
5.1 In the event Lessee: (i) fails to lease 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 Lessee 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, then Lessee 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 Lessee shall, within thirty (30) days after demand, pay to
the City all taxes which otherwise would have been paid by the Lessee to the City without benefit of
a tax abatement for the 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 Lessee, its successors and
assigns and shall constitute a tax lien against the Tangible Personal Property and shall become due,
owing and shall be paid to the City within thirty (30) days after termination.
5.2 Upon breach by Lessee of any obligations under this Agreement the City shall notify
the Lessee in writing, who shall have thirty (30) days from receipt of the notice in which to cure any
such default. If the default cannot reasonably be cured within a thirty (30) day period, and the
Lessee 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.
DaVita Rx/Tax Abatement Agreement –Page 6
67074
5.3 If the Lessee fails to cure the default within the time provided as specified above or,
as such time period may be extended, then the City at its sole option shall have the right to terminate
this Agreement, by written notice to the Lessee.
5.4 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 Tangible Personal Property, without tax abatement for the years in
which tax abatement hereunder was received by the Lessee, 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 VI
Miscellaneous
6.1 Annual Application for Tax Exemption. It shall be the responsibility of the Lessee
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.
6.2 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 Lessee, to:
DaVita Rx, Inc.
Attn: Bill Hughson
1350 Old Bayshore, Suite 777
Burlingame, CA 94010
If intended for City, to:
Attn: City Manager
City of Coppell, Texas
P. O. Box 9478
Coppell, Texas 75019
DaVita Rx/Tax Abatement Agreement –Page 7
67074
With copy to:
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
6.3 City Council Authorization. This Agreement was authorized by resolution of the
City Council approved by its Council meeting authorizing the Mayor to execute this Agreement on
behalf of the City.
6.4 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.
6.5 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.
6.6 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.
6.7 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.
6.8 Recordation of Agreement. A certified copy of this Agreement shall be recorded in
the Deed Records of Dallas County, Texas.
6.9 Incorporation of Recitals. The determinations recited and declared in the preambles
to this Agreement are hereby incorporated herein as part of this Agreement.
6.10 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all
purposes wherever reference is made to the same.
6.11 Chamber of Commerce. During the term of this Agreement, Owner agrees to
maintain continuous corporate membership in the Coppell Chamber of Commerce.
6.12 Conditions Precedent. This Agreement and the Tax Abatement provided herein
are contingent on and subject to: (i) Lessee entering into the Lease on or before December 31,
2006; and (ii) Lessee occupy the Improvements on or before December 31, 2006.
DaVita Rx/Tax Abatement Agreement –Page 8
67074
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
EXECUTED in duplicate originals the ____ day of __________________, 2006.
DaVita Rx, Inc.
By: __________________________________
Name: _________________________________
Title: __________________________________
DaVita Rx/Tax Abatement Agreement –Page 9
67074
City’s Acknowledgment
State of Texas §
§
County of Dallas §
This instrument was acknowledged before me on the _____ day of _______________,
2006, 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:
_________________________
Lessee’s Acknowledgment
State of Texas §
§
County of ________ §
This instrument was acknowledged before me on the _______ day of ___________,
2006, by ____________________, being the _________________ of DaVita Rx, a
_________________on behalf of said _________________________.
Notary Public, State of Texas
My Commission Expires:
DaVita Rx/Tax Abatement Agreement –Page 10
67074
Exhibit “A”
Legal Description
Lots 1R & 1R1, Block D
Northlake 635 Business Park Addition
STATE OF TEXAS
COUNTY OF DALLAS
WHEREAS, Coppell Commerce Center, Ltd., a Texas Limited Partnership, is the owner of a
tract of land situated in the Cordelia Bowen Survey, Abstract No. 56, in the City of Coppell,
Dallas County, Texas, said tract being all of that tract of land described in deed to said Coppell
Commerce Center, Ltd. as recorded in Volume 99223, Page 631, Deed Records, Dallas County,
Texas (D.R.D.C.T.), said tract also being all of Coppell Business Center II, an addition to the
City of Coppell as recorded in Volume 99217, Page 1763, D.R.D.C.T., and being more
particularly described as follows:
BEGINNING at a ½-inch found iron rod for the intersection of the west right-of-way line of
Beltline Road (a variable width right-of-way) and the north right-of-way line of Lakeshore Drive
(a variable width right-of-way, 90 feet wide at this point), as dedicated by the plat of Northlake
635 Business Park, an addition to the City of Coppell as recorded in Volume 85056, Page 3358,
D.R.D.C.T.:
THENCE along the north, northeast and east right-of-way lines of said Lakeshore Drive, the
following calls:
North 89 degrees 30 minutes 00 seconds West, a distance of 185.34 feet to a ½-inch set iron rod
with a yellow plastic cap stamped ‘HALFF ASSOC. INC.’ (hereinafter referred to as ‘with cap’)
for the point of curvature of a circular curve to the left having a central angle of 12 degrees 50
minutes 19 seconds and a radius of 300.00 feet, whose chord bears South 84 degrees 04 minutes
51 seconds West a distance of 67.08 feet;
Westerly, along said curve for an arc distance of 67.22 feet to a ½-inch set iron rod with cap for
the point of reverse curvature of a circular curve to the right having a central angel of 12 degrees
50 minutes 19 seconds and a radius of 300.00 feet, whose chord bears South 84 degrees 04
minutes 51 seconds West a distance of 67.08 feet;
Westerly, along said curve for an arc distance of 67.22 feet to a ½-inch found iron rod with cap
stamped ‘Powell and Powell’ for the point of tangency, said Lakeshore Drive being a 60 foot
right-of-way at this point;
North 89 degrees 30 minutes 00 seconds West, a distance of 388.27 feet to a ½-inch set iron rod
with cap for the point of curvature of a circular curve to the right having a central angle of 52
degrees 53 minutes 07 seconds and a radius of 320.00 feet, whose chord bears South 63 degrees
03 minutes 27 seconds West a distance of 284.99 feet;
DaVita Rx/Tax Abatement Agreement –Page 11
67074
Northwesterly, along said curve for an arc distance of 295.37 feet to a ½-inch found iron rod for
the point of tangency;
North 36 degrees 36 minutes 53 seconds West, a distance of 398.49 feet to a ½-inch set iron rod
with cap for the point of curvature of a circular curve to the right having a central angle of 37
degrees 06 minutes 53 seconds and a radius of 320.00 feet, whose chord bears North 18 degrees
03 minutes 27 seconds West a distance of 203.68 feet;
Northerly, along said curve for an arc distance of 207.29 feet to a ½-inch found iron rod for the
point of tangency;
North 00 degrees 30 minutes 00 seconds East, a distance of 556.13 feet to a ½-inch found iron
rod with cap for the intersection of said east right-of-way line of Lakeshore Drive with a line of 5
feet north of and parallel to the north line of a 50 foot Open Channel Drainage Easement as
dedicated by the aforementioned plat of Northlake 635 Business Park;
THENCE departing said east line and along said parallel line, the following calls:
South 89 degrees 30 minutes 00 seconds East, a distance of 629.41 feet to a ½-inch found iron
rod with cap for the point of curvature of circular curve to the left having a central angle of 27
degrees 17 minutes 51 seconds and a radius of 470.00 feet , whose chord bears North 76 degrees
51 minutes 05 seconds East a distance of 221.81 feet;
Easterly, along said curve for an arc distance of 223.92 feet to a ½-inch set iron rod with cap for
the point of reverse curvature of a circular curve to the right having a central angel of 27 degrees
17 minutes 51 seconds and a radius of 530.00 feet, whose chord bears South 76 degrees 51
minutes 05 seconds East a distance of 250.13 feet;
Easterly, along said curve for an arc distance of 252.51 feet to a ½-inch found iron rod for the
point of tangency;
South 89 degrees 30 minutes 00 seconds East, a distance of 168.37 feet to a point for the
intersection of said parallel line and the aforementioned west right-of-way line of Beltline Road,
said point bears North 00 degrees 30 minutes 00 seconds East, a distance of 30.00 feet from the
intersection of the center line of said 50 foot Easement and said west right-of-way line;
THENCE South 00 degrees 30 minutes 00 seconds West, along said west right-of-way line, a
distance of 1235.26 feet to a ½-inch set iron rod with cap for corner;
THENCE South 10 degrees 48 minutes 36 seconds East, continuing along said west right-of-way
line, a distance of 56.09 feet to the POINT OF BEGINNING AND CONTAINING 1,430,216
square feet or 32.83 acres of land, more or less.
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
City Manager's Office
December 12, 2006
19
✔
PUBLIC HEARING
Consider approval of the designation of a reinvestment zone pursuant to Section 312.201 of the Property
Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is the
property owned by International Business Machines Corporation, described as Block 5, Lots 1 & 2 of the Park West
Commerce Center(29.2871 acres) and located at the northwest corner of Belt Line Road and Wrangler Drive.
The Public Hearing Notice was published in the Citizens Advocate on Friday, December 1, 2006.
Staff recommends that City Council hold the Public Hearing for
designation of a reinvestment zone for International Business Machines
Corporation.
!IBM PH - 1 AR
NOTICE OF PUBLIC HEARING
OF DESIGNATION OF REINVESTMENT ZONE
A PUBLIC HEARING will be conducted by the City Council of the City
of Coppell, Texas, in the Council Chambers, Town Center, 255
Parkway Boulevard, Coppell, Texas on the 12th day of December,
2006, at 7:00 P.M., to consider designation of the property
described as Block 5, Lots 1 & 2 of the Park West Commerce
Center(29.2871 acres), located at the northwest corner of Belt
Line Road and Wrangler Drive, Coppell, Texas, International
Business Machines Corporation as a Reinvestment Zone under Chapter
312 of the Texas Property Tax Code.
The Council will seek to determine whether the improvements sought
to be made in the zone are feasible and practical and will be a
benefit to the land included in the zone and to the City after the
expiration of a tax abatement agreement to be entered into
pursuant to Section 312.204 of the Texas Property Tax Code.
At the hearing, interested persons are entitled to speak and
present evidence for or against the designation.
Citizens Advocate December 1, 2006
PUBLIC NOTICE 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).
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
City Manager's Office
December 12, 2006
20
✔
ORDINANCE
Consider approval of an Ordinance designating International Business Machines Corporation, Reinvestment Zone No.
50, and authorizing the Mayor to sign.
City Council is scheduled to conduct a Public Hearing regarding designation of the reinvestment zone on December
12, 2006.
Staff recommends City Council approve the Ordinance designating
International Business Machines Corporation Reinvestment Zone No. 50
and authorize the Mayor to sign.
!IBM Ord - 1 AR
1 64587
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DESIGNATING
REINVESTMENT ZONE NO. 50 (IBM SOLUTIONS CENTER);
PROVIDING ELIGIBILITY OF THE ZONE FOR COMMERCIAL-
INDUSTRIAL TAX ABATEMENT; CONTAINING FINDINGS THAT THE
AREA QUALIFIES TO BE DESIGNATED AS A REINVESTMENT ZONE
AND THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND
PRACTICABLE AND OF BENEFIT TO THE LAND AND THE CITY;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, has caused notice to be
published in a newspaper having general circulation in the City and has delivered such notice to the
presiding officer of the governing body of each taxing unit that includes in its boundaries real
property described herein; and
WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing
on the designation of the area described herein as a reinvestment zone;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS THAT:
SECTION 1:That the City Council of the City of Coppell, Texas finds that the area
described herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the
retention or expansion of primary employment, or to attract major investment in the zone that will
be of benefit to the property and contribute to the economic development of the City. The City
Council further finds that the improvements sought are feasible and practicable and would be of
benefit to the land to be included in the zone and to the City after the expiration of a tax abatement
agreement.
SECTION 2.That pursuant to the provisions of Section 312.201 of the Texas Tax Code,
the property described in Exhibit “A” attached hereto and made a part hereof for all purposes is
hereby designated as a reinvestment zone and for identification is assigned the name “Reinvestment
Zone No. 50 (IBM Solutions Center).”
2 64587
SECTION 3.That the property within Reinvestment Zone No. 50 is eligible for
commercial-industrial tax abatement effective on January 1, 2006.
SECTION 4.If any article, paragraph or subdivision, clause or provision of this ordinance
shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or
unconstitutional.
SECTION 5.That all provisions of ordinances of the City of Coppell, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions
not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 6.This ordinance shall take effect immediately from and after its passage, as
the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, on the ______ day of
___________________, 2006.
APPROVED:
DOUGLAS STOVER, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
CITY ATTORNEY
(PGS/bm 11/30/06)(65487)
EXHIBIT “A”
LEGAL DESCRIPTION OF LAND
LEGAL DESCRIPTION
PARK WEST COMMERCE CENTER
LOTS 1 & 2 OF BLOCK 5
Being a tract of land situated in the James A. Simmons Survey Abstract No. 1296, in the City of
Coppell, Dallas County, Texas, and being all of Block 5 Park West Commerce Center as
recorded in Volume 97248 Page 31 Dallas County Deed Records (D.C.R.D), and being more
particularly described as follows:
BEGINNING at a ½-inch iron rod found at the northeast corner of Lot 1, Block 6, Park West
Commerce Center, the northwest corner of Lot 1, Block 5, said point being located along the
south right-of-way line of Airline Drive (60 feet wide);
THENCE South 89 degrees 06 minutes 46 seconds East along said south right-of-way line of
Airline Drive a distance of 760.47 feet to a ½-inch iron rod with cap set for a corner;
THENCE South 74 degrees 11 minutes 05 seconds East continuing along said south right-of-way
line a distance of 64.05 feet to a ½-inch iron rod with cap set for a corner;
THENCE South 89 degrees 06 minutes 46 seconds East a distance of 124.92 feet to a ½-inch
iron rod with cap set for a corner at the northwest point of a radial corner clip located along the
west right-of-way line of Beltline Road (120 foot right-of-way);
THENCE along said corner clip, departing said south right-of-way an arc distance of 59.94 feet,
through a central angle of 90 degrees 22 minutes and 29 seconds, a radius of 38.00 feet to a ½-
inch iron rod with cap set for a corner on the west right-of-way line of Beltline Road;
THENCE South 01 degree 15 minutes 30 seconds West along said west right-of-way line a
distance of 332.09 feet to a ½-inch iron rod with cap set for a corner;
THENCE South 08 degrees 06 minutes 14 seconds West a distance of 100.72 feet to a ½-inch
iron rod with cap set for a corner;
THENCE South 01 degree 15 minutes 30 seconds West a distance of 149.25 feet to a ½-inch
iron rod with cap set for a corner;
THENCE South 89 degrees 06 minutes 46 seconds East a distance of 12.00 feet to a ½-inch iron
rod with cap set for a corner;
THENCE South 01 degree 15 minutes 30 seconds West a distance of 452.07 feet to a ½-inch
iron rod with cap set for a corner;
THENCE South 08 degrees 06 minutes 06 seconds West a distance of 100.71 feet to a ½-inch
iron rod with cap set for a corner;
THENCE South 01 degree 15 minutes 30 seconds West a distance of 100.00 feet to a ½-inch
iron rod with cap set for a corner at the northeast point of a corner clip located along the north
right-of-way line of Wrangler Drive;
THENCE South 46 degrees 04 minutes 22 seconds West a distance of 28.41 feet to a ½-inch iron
rod with cap set for a corner on the north right-of-way line of Wrangler Drive (65 foot right-of-
way);
THENCE North 89 degrees 06 minutes 46 seconds West continuing along said north right-of-
way line a distance of 945.13 feet to a ½-inch iron rod set for a corner at the southwest corner of
Lot 2, Block 5;
THENCE North 00 degrees 53 minutes 14 seconds East departing said north right-of-way line
and along the east line of said Lot 1, Block 6 a distance of 1307.99 feet to the POINT OF
BEGINNING AND CONTAINING 1,275,502 square feet or 29.2871 acres of land more or less.
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
City Manager's Office
December 12, 2006
21
✔
RESOLUTION
Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and
International Business Machines Corporation, and authorizing the Mayor to sign.
City Council is scheduled to conduct a Public Hearing regarding the designation of the reinvestment zone on
December 12, 2006. The Coppell Economic Development Committee unanimously recommended approval of this
abatement agreement request on February 1, 2006.
Staff recommends City Council approve the Tax Abatement
Agreement between the City of Coppell and International Business
Machines Corporation and authorize the Mayor to sign it.
!IBM Res - 1 AR
1 11891
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 IBM SOLUTIONS CENTER;
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 IBM Solutions Center, 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 11891
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 12/04/06)
IBM Solution Center/Tax Abatement Agreement –Page 1
64188
STATE OF TEXAS §
§ Tax Abatement Agreement
COUNTY OF DALLAS § IBM Solution Center
This Tax Abatement Agreement (the “Agreement”) is entered into by and between the City
of Coppell, Texas (the “City”), and International Business Machines Corporation (“Lessee”), acting
by and through their authorized representatives.
W I T N E S S E T H:
WHEREAS, the City Council of the City of Coppell, Texas, (the “City”), passed an
Ordinance (the “Ordinance”) establishing Tax Abatement Reinvestment Zone No. 50 (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, Lessee leases the real property described in Exhibit “A” (“Land”) and intends
to reconfigure, or cause to be reconfigured, approximately 50,000 square feet of space in the
existing IBM Call Center building located at 1177 Belt Line Road (hereinafter defined as the
“Improvements”) on the Land and intends to locate certain Tangible Personal Property (hereinafter
defined ) at the Improvements; 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
IBM Solution Center/Tax Abatement Agreement –Page 2
64188
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 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 Tangible Personal
Property for the year in which the Tax Abatement Agreement is executed (2006).
“Commencement of Construction” shall mean that: (i) the plans have been prepared and
all approvals thereof required by applicable governmental authorities have been obtained for
reconfiguration of the Improvements; (ii) all necessary permits for the reconfiguration of the
Improvements pursuant to the respective plans therefore having been issued by all applicable
governmental authorities; and (iii) the construction of the vertical elements of the reconfiguration
of the Improvements has commenced.
“Completion of Construction” shall mean that: (i) the reconfiguration of the
Improvements, on the Land has been substantially completed; (ii) the first final, permanent
certificate(s) of occupancy for the occupancy of the Improvements following the reconfiguration
thereof, has been issued by the City.
“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 first final certificate of occupancy for the Lessee’s occupancy
IBM Solution Center/Tax Abatement Agreement –Page 3
64188
for the reconfigured Improvements for the IBM Solution Center, 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.
“Improvements” shall mean the reconfiguration of approximately 50,000 square feet of
space in the existing IBM Call Center building located at 1177 Belt Line Road on the Land to house
the IBM Solution Center and the Tangible Personal Property.
“Land” means the real property described in Exhibit A.
“Premises” shall collectively mean the Land and the Improvements following the
reconfiguration thereof, but excluding Tangible Personal Property.
“Tangible Personal Property” shall mean tangible personal property, equipment and
fixtures owned by or leased by Lessee, other than inventory or supplies, located in the IBM
Solution Center within the Improvements following the reconfiguration thereof, subsequent to
the execution of this Agreement and which is assigned an account number by the central appraisal
district for ad valorem tax appraisal purposes, separate and apart from any other tangible personal
property located at the Premises prior 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 Lessee is the lessee of the Premises, which Premises is located within the city limits
of the City and within the Zone. Lessee intends to reconfigure, or cause to be reconfigured, 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.
2.5 Lessee 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.
IBM Solution Center/Tax Abatement Agreement –Page 4
64188
2.6 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.
2.7 Lessee agrees, subject to events of Force Majeure or (“Casualty”), to continuously
lease and occupy the Improvements for a period of at least five (5) consecutive years beginning with
the First Year of Abatement.
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.
3.2 Subject to the terms and conditions of this Agreement, and provided the Taxable
Value of the Tangible Personal Property, is at least Five Million Five Hundred Thousand Dollars
($5,500,000.00) as of January 1 of each year thereafter that this Agreement is in effect, the City
hereby grants Lessee an abatement of seventy-five percent (75%) of the Taxable Value of the
Tangible Personal Property for a period of five (5) consecutive years. The actual percentage of
Taxable Value of the Tangible Personal Property subject to abatement will only apply to the
Tangible Personal Property located in the IBM Solution Center within the reconfigured
Improvements after this Agreement is executed and which is assigned an account number by the
central appraisal district for ad valorem tax appraisal purposes, separate and apart from any other
tangible personal property located at the Premises prior to the execution of this Agreement.
3.3 The period of tax abatement herein authorized shall be for a period of five (5) years.
3.4 During the period of tax abatement herein authorized, Lessee shall be subject to all
taxation not abated, including but not limited to, sales tax and ad valorem taxation on land,
inventory and supplies.
Article IV
Improvements
4.1 Lessee agrees to reconfigure approximately 50,000 square feet of the existing IBM
Call Center building located on the Land at 1177 Belt Line Road to house the IBM Solution Center
(the “IBM Solution Center”), and agrees to locate Tangible Personal Property within the IBM
Solution Center with a Taxable Value of at least Five Million Five Hundred Thousand Dollars
($5,500,00.00) as of the First Year of Abatement and to locate and maintain Tangible Personal
Property within the IBM Solution Center with a Taxable Value of at least Five Million Five
Hundred Thousand Dollars ($5,500,000.00) as of January 1 of each year thereafter that this
Agreement is in effect. Nothing in this Agreement shall obligate Lessee to reconfigure the
IBM Solution Center/Tax Abatement Agreement –Page 5
64188
Improvements on the Land or to locate Tangible Personal Property on the Premises but said actions
are a condition precedent to Lessee’s tax abatement pursuant to this Agreement.
4.2 As a condition precedent to the initiation of Lessee’s tax abatement pursuant to this
Agreement, Lessee will diligently and faithfully, in good and workmanlike manner, subject to
events of Force Majeure to cause Commencement of Construction to occur on or before February 1,
2006 and to cause Completion of Construction to occur on or before June 30, 2006, as good and
valuable consideration for this Agreement, and all construction of the Improvements will be in
accordance with all applicable state and local laws, codes, and regulations, (or valid waiver thereof);
provided, that Lessee shall have such additional time to complete and maintain the Improvements as
may be required in the event of “Force Majeure,” if Lessee is diligently and faithfully pursuing
completion of the Improvements.
4.3 Lessee agrees to maintain the Improvements during the term of this Agreement in
accordance with all applicable state and local laws, codes, and regulations. Lessee agrees that the
Improvements shall be used only as an office/warehouse building for a period of five (5) years
commencing with the First Year of Abatement.
4.4 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
Lessee, and in accordance with Lessee’s visitor access and security policies, in order to insure that
the construction of the Improvements are in accordance with this Agreement and all applicable state
and local laws and regulations (or valid waiver thereof).
4.5 Construction plans for the reconfiguration of the Improvements constructed will be
filed with the City, which shall be deemed to be incorporated by reference herein and made a part
hereof for all purposes.
Article V
Default: Recapture of Tax Revenue
5.1 In the event Lessee: (i) fails to complete the reconfiguration of 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 Lessee 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, then Lessee
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 Lessee shall, within thirty (30)
days after demand, pay to the City all taxes which otherwise would have been paid by the Lessee to
the City without benefit of a tax abatement for the 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 Lessee,
its successors and assigns and shall constitute a tax lien against the Tangible Personal Property and
shall become due, owing and shall be paid to the City within thirty (30) days after termination.
IBM Solution Center/Tax Abatement Agreement –Page 6
64188
5.2 Upon breach by Lessee of any obligations under this Agreement the City shall notify
the Lessee in writing, who shall have thirty (30) days from receipt of the notice in which to cure any
such default. If the default cannot reasonably be cured within a thirty (30) day period, and the
Lessee 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.
5.3 If the Lessee fails to cure the default within the time provided as specified above or,
as such time period may be extended, then the City at its sole option shall have the right to terminate
this Agreement, by written notice to the Lessee.
5.4 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 Tangible Personal Property, without tax abatement for the years in
which tax abatement hereunder was received by the Lessee, 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 VI
Miscellaneous
6.1 Annual Application for Tax Exemption. It shall be the responsibility of the Lessee
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.
6.2 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 Lessee, to:
IBM Corporation
Attn: Wayne Spinei
1133 Westchester Avenue
White Plains, NY 10604
IBM Solution Center/Tax Abatement Agreement –Page 7
64188
With a copy to:
IBM Corporation
Attn: Vincent Palmiotto
150 Kettleton Road
Southbury, Ct. 06488
If intended for City, to:
Attn: City Manager
City of Coppell, Texas
P. O. Box 9478
Coppell, Texas 75019
With copy to:
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
6.3 City Council Authorization. This Agreement was authorized by resolution of the
City Council approved by its Council meeting authorizing the Mayor to execute this Agreement on
behalf of the City.
6.4 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.
6.5 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.
6.6 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.
6.7 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.
IBM Solution Center/Tax Abatement Agreement –Page 8
64188
6.8 Recordation of Agreement. A certified copy of this Agreement shall be recorded in
the Deed Records of Dallas County, Texas.
6.9 Incorporation of Recitals. The determinations recited and declared in the preambles
to this Agreement are hereby incorporated herein as part of this Agreement.
6.10 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all
purposes wherever reference is made to the same.
Signature Page to Follow
IBM Solution Center/Tax Abatement Agreement –Page 9
64188
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/03 1006)(64188)
EXECUTED in duplicate originals the ____ day of __________________, 2006.
International Business Machines Corporation
By: __________________________________
Name: _________________________________
Title: __________________________________
IBM Solution Center/Tax Abatement Agreement –Page 10
64188
City’s Acknowledgment
State of Texas §
§
County of Dallas §
This instrument was acknowledged before me on the _____ day of _______________,
2006, 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:
_________________________
Lessee’s Acknowledgment
State of Texas §
§
County of Dallas §
This instrument was acknowledged before me on the _______ day of ___________,
2006, by ____________________, being the _________________ of International Business
Machines Corporation, a New York corporation on behalf of said corporation.
Notary Public, State of Texas
My Commission Expires:
IBM Solution Center/Tax Abatement Agreement –Page 11
64188
Exhibit “A”
Legal Description of the Land
LEGAL DESCRIPTION
PARK WEST COMMERCE CENTER
LOTS 1 & 2 OF BLOCK 5
Being a tract of land situated in the James A. Simmons Survey Abstract No. 1296, in the City of
Coppell, Dallas County, Texas, and being all of Block 5 Park West Commerce Center as
recorded in Volume 97248 Page 31 Dallas County Deed Records (D.C.R.D), and being more
particularly described as follows:
BEGINNING at a ½-inch iron rod found at the northeast corner of Lot 1, Block 6, Park West
Commerce Center, the northwest corner of Lot 1, Block 5, said point being located along the
south right-of-way line of Airline Drive (60 feet wide);
THENCE South 89 degrees 06 minutes 46 seconds East along said south right-of-way line of
Airline Drive a distance of 760.47 feet to a ½-inch iron rod with cap set for a corner;
THENCE South 74 degrees 11 minutes 05 seconds East continuing along said south right-of-way
line a distance of 64.05 feet to a ½-inch iron rod with cap set for a corner;
THENCE South 89 degrees 06 minutes 46 seconds East a distance of 124.92 feet to a ½-inch
iron rod with cap set for a corner at the northwest point of a radial corner clip located along the
west right-of-way line of Beltline Road (120 foot right-of-way);
THENCE along said corner clip, departing said south right-of-way an arc distance of 59.94 feet,
through a central angle of 90 degrees 22 minutes and 29 seconds, a radius of 38.00 feet to a ½-
inch iron rod with cap set for a corner on the west right-of-way line of Beltline Road;
THENCE South 01 degree 15 minutes 30 seconds West along said west right-of-way line a
distance of 332.09 feet to a ½-inch iron rod with cap set for a corner;
THENCE South 08 degrees 06 minutes 14 seconds West a distance of 100.72 feet to a ½-inch
iron rod with cap set for a corner;
THENCE South 01 degree 15 minutes 30 seconds West a distance of 149.25 feet to a ½-inch
iron rod with cap set for a corner;
THENCE South 89 degrees 06 minutes 46 seconds East a distance of 12.00 feet to a ½-inch iron
rod with cap set for a corner;
THENCE South 01 degree 15 minutes 30 seconds West a distance of 452.07 feet to a ½-inch
iron rod with cap set for a corner;
IBM Solution Center/Tax Abatement Agreement –Page 12
64188
THENCE South 08 degrees 06 minutes 06 seconds West a distance of 100.71 feet to a ½-inch
iron rod with cap set for a corner;
THENCE South 01 degree 15 minutes 30 seconds West a distance of 100.00 feet to a ½-inch
iron rod with cap set for a corner at the northeast point of a corner clip located along the north
right-of-way line of Wrangler Drive;
THENCE South 46 degrees 04 minutes 22 seconds West a distance of 28.41 feet to a ½-inch iron
rod with cap set for a corner on the north right-of-way line of Wrangler Drive (65 foot right-of-
way);
THENCE North 89 degrees 06 minutes 46 seconds West continuing along said north right-of-
way line a distance of 945.13 feet to a ½-inch iron rod set for a corner at the southwest corner of
Lot 2, Block 5;
THENCE North 00 degrees 53 minutes 14 seconds East departing said north right-of-way line
and along the east line of said Lot 1, Block 6 a distance of 1307.99 feet to the POINT OF
BEGINNING AND CONTAINING 1,275,502 square feet or 29.2871 acres of land more or less.
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
City Manager's Office
December 12, 2006
22
✔
PUBLIC HEARING
Consider approval of the designation of a reinvestment zone pursuant to Section 312.201 of the Property
Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is the
property owned by Industrial Developments International Texas, L.P., described as Lot 1, Block 1 of Belt Line Trade
Center (27.072 acres) and located on the north side of Belt Line Road, east of Denton Tap Road.
The Public Hearing Notice was published in the Citizens Advocate on Friday, December 1, 2006.
Staff recommends that City Council hold the Public Hearing for
designation of a reinvestment zone for Industrial Developments
International Texas, L.P.
!IDI PH - 1 AR
NOTICE OF PUBLIC HEARING
OF DESIGNATION OF REINVESTMENT ZONE
A PUBLIC HEARING will be conducted by the City Council of the City
of Coppell, Texas, in the Council Chambers, Town Center, 255
Parkway Boulevard, Coppell, Texas on the 12th day of December,
2006, at 7:00 P.M., to consider designation of the property
described as Lot 1, Block 1 of Belt Line Trade Center (27.072
acres), located on the north side of Belt Line Road, east of
Denton Tap Road, Coppell, Texas, Industrial Developments
International Texas, L.P., as a Reinvestment Zone under Chapter
312 of the Texas Property Tax Code.
The Council will seek to determine whether the improvements sought
to be made in the zone are feasible and practical and will be a
benefit to the land included in the zone and to the City after the
expiration of a tax abatement agreement to be entered into
pursuant to Section 312.204 of the Texas Property Tax Code.
At the hearing, interested persons are entitled to speak and
present evidence for or against the designation.
Citizens Advocate December 1, 2006
PUBLIC NOTICE 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).
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
City Manager's Office
December 12, 2006
23
✔
ORDINANCE
Consider approval of an Ordinance designating Industrial Developments International Texas, L.P., Reinvestment Zone
No. 52, and authorizing the Mayor to sign.
City Council is scheduled to conduct a Public Hearing regarding designation of the reinvestment zone on December
12, 2006.
Staff recommends City Council approve the Ordinance designating
Industrial Developments International Texas, L.P. Reinvestment Zone
No. 52 and authorize the Mayor to sign.
!IDI Ord - 1 AR
1 66452
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DESIGNATING
REINVESTMENT ZONE NO. 52 (INDUSTRIAL DEVELOPMENTS
INTERNATIONAL TEXAS, L.P.); PROVIDING ELIGIBILITY OF THE
ZONE FOR COMMERCIAL-INDUSTRIAL TAX ABATEMENT;
CONTAINING FINDINGS THAT THE AREA QUALIFIES TO BE
DESIGNATED AS A REINVESTMENT ZONE AND THE
IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICABLE AND
OF BENEFIT TO THE LAND AND THE CITY; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, has caused notice to be
published in a newspaper having general circulation in the City and has delivered such notice to the
presiding officer of the governing body of each taxing unit that includes in its boundaries real
property described herein; and
WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing
on the designation of the area described herein as a reinvestment zone;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS THAT:
SECTION 1:That the City Council of the City of Coppell, Texas finds that the area
described herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the
retention or expansion of primary employment, or to attract major investment in the zone that will
be of benefit to the property and contribute to the economic development of the City. The City
Council further finds that the improvements sought are feasible and practicable and would be of
benefit to the land to be included in the zone and to the City after the expiration of a tax abatement
agreement.
SECTION 2.That pursuant to the provisions of Section 312.201 of the Texas Tax Code,
the property described in Exhibit “A” attached hereto and made a part hereof for all purposes is
hereby designated as a reinvestment zone and for identification is assigned the name “Reinvestment
Zone No. 52 (Industrial Developments International Texas, L.P.).”
2 66452
SECTION 3.That the property within Reinvestment Zone No. 52 is eligible for
commercial-industrial tax abatement effective on January 1, 2006.
SECTION 4.If any article, paragraph or subdivision, clause or provision of this ordinance
shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or
unconstitutional.
SECTION 5.That all provisions of ordinances of the City of Coppell, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions
not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 6.This ordinance shall take effect immediately from and after its passage, as
the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, on the ______ day of
___________________, 2006.
APPROVED:
DOUGLAS STOVER, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
CITY ATTORNEY
(PGS/si 11/30/06)(66452)
EXHIBIT “A”
LEGAL DESCRIPTION OF LAND
OWNER'S CERTIFICATE
WHEREAS INDUSTRIAL DEVELOPMENTS INTERNATIONAL (TEXAS), L.P., a
Georgia Limited Partnership is the owner of a 27.072 acre tract of land located in the City of
Coppell, Dallas County, Texas, situated in the McKinney & Williams Survey, Abstract No. 1054
and the J.G. Carlock Survey, Abstract No. 312, and being Tract 1 of those tracts conveyed to
Industrial Developments International (Texas), L.P. by deed recorded in Volume 2004028, Page
146 of the Deed Records of Dallas County, Texas (DRDCT) and being more particularly
described as follows:
BEGINNING at a 1/2" iron pin found, said iron pin being the northeast corner of a tract
of land conveyed to Shams Real Estate Partners (LTD) by deed recorded in Volume 2000240,
Page 2919 DRDCT, said iron pin also being on the southerly line of a Dallas Area Rapid Transit
(DART) right-of-way (formerly St. Louis and Southwestern R.R. right-of-way);
THENCE N 75ø57'00" E along said southerly right-of-way line of DART, a distance of
559.73 feet to a capped 1/2" iron pin set from which a capped (NDM) 1/2" iron pin found bears
N 80ø37'07" W, 1.11 feet, said capped iron pin set also being the northwest corner of a
remainder tract conveyed to Dallas Power and Light Company by deed recorded in
Volume 4414, Page 83 DRDCT, said capped iron pin set also being the Point of Curvature of a
circular curve to the right having a radius of 604.36 feet, a central angle of 40ø46'57" and being
subtended by a chord which bears S 83ø39'31" E , 421.15 feet;
THENCE along said curve to the right and westerly line of said Dallas Power and Light
Company tract, a distance of 430.18 feet to a capped 1/2" iron pin set from which a
Capped (NDM) 1/2" iron pin found bears N 66ø30'55" W, 0.52 feet and from which a bent 1/2"
iron pin found bears N 83ø25'26" W, 0.22 feet;
THENCE S 63ø16'03" E tangent to said curve and along said westerly line of said Dallas
Power and Light Company tract, a distance of 297.95 feet to a capped 1/2" iron pin set, said
capped iron pin set also being on the northerly right-of-way line of Beltline Road (120' ROW),
said capped iron pin set also being the Point of Curvature of a non-tangent circular curve to the
left having a radius of 1969.68 feet, a central angle of 13ø19'23" and being subtended by a chord
which bears S 37ø56'50" W, 456.98 feet;
THENCE southwesterly along said curve to the left and said northerly right-of-way line
of Beltline Road, a distance of 458.01 feet to a capped 1/2" iron pin set from which a 5/8"
iron pin found bears N 69ø10'20" E, 0.36 feet;
THENCE S 31ø17'08" W tangent to said curve and along said northerly right-of-way line
of Beltline Road, a distance of 581.65 feet to a capped 1/2" iron pin set, said capped iron pin set
also being the Point of Curvature of a circular curve to the right having a radius of
1372.40 feet, a central angle of 37ø32'01" and being subtended by a chord which bears S
50ø03'09" W, 883.05 feet;
THENCE along said curve to the right and said northerly right-of-way line of Beltline
Road, a distance of 899.04 feet to a capped 1/2" iron pin set, said capped iron pin set also being
the southeast corner of said Shams Real Estate Partners (LTD) tract;
THENCE N 01ø15'45" E along the east line of said Shams Real Estate Partners (LTD), a
distance of 1469.45 feet to the Point of Beginning and containing 1,179,247 square feet
or 27.072 acres of land, more or less.
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
City Manager's Office
December 12, 2006
24
✔
RESOLUTION
Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Industrial
Developments International Texas, L.P., and authorizing the Mayor to sign.
City Council is scheduled to conduct a Public Hearing regarding the designation of the reinvestment zone on
December 12, 2006. The Coppell Economic Development Committee unanimously recommended approval of this
abatement agreement request on April 5, 2006.
Staff recommends City Council approve the Tax Abatement
Agreement between the City of Coppell and Industrial Developments
International Texas, L.P. and authorize the Mayor to sign it.
!IDI Res - 1 AR
1 66454
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 INDUSTRIAL DEVELOPMENTS
INTERNATIONAL TEXAS, L.P.; 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 Industrial Developments International Texas, L.P., a
Georgia Limited Partnership, 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 66454
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 11/30/06)
IDI//Tax Abatement Agreement –Page 1 66448
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 Industrial Developments International Texas, L.P., a Georgia
Limited Partnership (“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. 52 (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 the real property described in Exhibit “A” (“Land”) and intends
to construct a Class A distribution center containing approximately 375,000 square feet of space
(the “Improvements”) 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
IDI//Tax Abatement Agreement –Page 2 66448
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 the Owner 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).
“Building” shall mean a Class A distribution center building containing 375,000 square
feet or more of space to be constructed on the Land.
“Commencement of Construction” shall mean that: (i) the plans have been prepared and
all approvals thereof and permits with respect thereto required by applicable governmental
authorities have been obtained for construction of the Improvements; (ii) all necessary permits
for the construction of the Restaurant, on the Land pursuant to the respective plans therefore
having been issued by all applicable governmental authorities; and (iii) grading of the Land or
the construction of the vertical elements of the Improvements has commenced.
“Completion of Construction” shall mean: (i) substantial completion of the
Improvements; and (ii) a final certificate of occupancy has been issued for the Buildings.
“Effective Date” shall mean the last date of execution of this Agreement.
“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 Building.
IDI//Tax Abatement Agreement –Page 3 66448
“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.
“Improvements” shall collectively mean the Building 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(s).
“Land” means the real property described in Exhibit A.
“Premises” shall collectively mean the Land and the Improvements following
construction thereof.
“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 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.
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.
2.5 The Owner agrees to provide to the tenants of the Premises, the benefit of the tax
abatement of the Improvements granted herein. Owner shall, upon written request, provide the
City, with satisfactory evidence that the benefits of this Tax Abatement Agreement have been
provided to any such tenants.
2.6 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.
2.7 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.
IDI//Tax Abatement Agreement –Page 4 66448
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.
3.2 Subject to the terms and conditions of this Agreement, and provided the Taxable
Value for the Improvements, excluding the Land, is at least Six Million Six Hundred Thousand
Dollars ($6,600,000.00) as of January 1 of the First Year of Abatement and as of January 1 of each
year thereafter that this Agreement is in effect, the City hereby grants Owner an abatement of
seventy-five percent (75%) of the Taxable Value of the Improvements for a period of five (5)
consecutive years. The actual percentage of Taxable Value of the Improvements subject to
abatement for each year this Agreement is in effect will apply only to the portion of the Taxable
Value of the Improvements that exceeds the Base Year Taxable Value.
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
4.1 Owner owns, the Land and intends to construct or caused to be constructed thereon
the Improvements. Nothing in this Agreement shall obligate Owner to construct the Improvements
on the Land but said action is a condition precedent to tax abatement pursuant to this Agreement.
4.2 As a condition precedent to the initiation of the Owner’s tax abatement pursuant to
this Agreement, Owner agrees, subject to events of Force Majeure, to cause Commencement of
Construction of the Improvements to occur on or before July 1, 2006, and to cause Completion of
Construction of the Improvements to occur within twelve (12) calendar months thereafter, as good
and valuable consideration for this Agreement, and that all construction of the Improvements will be
in accordance with all applicable state and local laws, codes, and regulations, (or valid waiver
thereof).
4.3 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.
4.4 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 warehouse distribution center (with ancillary office uses)
for a period of five (5) years commencing on the date the final certificate of occupancy is issued
for the Building.
IDI//Tax Abatement Agreement –Page 5 66448
4.5 The City, its agents and employees shall have the right of access to the Premises
during construction to inspect the Improvements at reasonable times and with reasonable notice to
Owner, and in accordance with Owner’s visitor access and security policies, in order to insure that
the construction of the Improvements are in accordance with this Agreement and all applicable state
and local laws and regulations (or valid waiver thereof).
Article V
Default: Recapture of Tax Revenue
5.1 In the event Owner: (i) fails to cause Completion of Construction of 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,
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 Improvements, 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 Premises, and shall become due,
owing and shall be paid to the City within thirty (30) days after termination.
5.2 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
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.
5.3 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.
5.4 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 sixty (60) 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, 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 sixty (60) day payment period.
IDI//Tax Abatement Agreement –Page 6 66448
Article VI
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.
Article VII
Annual Rendition
The Owner shall annually render the value of the Improvements to the Appraisal District
and provide a copy of the same to the City upon written request.
Article VIII
Miscellaneous
8.1 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:
Attn: John Leinbaugh
Industrial Developments
International Texas, L.P.
Two Lincoln Centre
Suite 1275
5420 LBJ Freeway
Dallas, Texas 75240
With a copy to:
Industrial Developments International, Inc.
3424 Peachtree Road, N.E.
Suite 1500
Atlanta, Georgia 30326
Attn: G. Bryan Blasingame
If intended for City, to:
Attn: City Manager
City of Coppell, Texas
P. O. Box 478
Coppell, Texas 75019
IDI//Tax Abatement Agreement –Page 7 66448
With a copy to:
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
8.2 Authorization. This Agreement was authorized by resolution of the City Council
approved by its Council meeting authorizing the Mayor to execute this Agreement on behalf of the
City.
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 Governing 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. This Agreement is performable in 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. A certified copy of this Agreement shall be recorded by the City, at no
cost to Owner, in the Deed Records of Dallas County, Texas.
8.8 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 Assignment. This Agreement shall be binding on and inure to the benefit of the
parties to it and their respective heirs, executors, administrators, legal representatives, successors,
and permitted assigns. This Agreement may not be assigned without the prior written consent of
the City Manager.
IDI//Tax Abatement Agreement –Page 8 66448
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
EXECUTED in duplicate originals the ____ day of _______________, 2006.
Industrial Developments International Texas, L.P.
a Georgia Limited Partnership
By:_______________________________________
Name: ____________________________________
Title:______________________________________
IDI//Tax Abatement Agreement –Page 9 66448
City’s Acknowledgment
State of Texas §
§
County of Dallas §
This instrument was acknowledged Before Me on the ____ day of _______________,
2006, 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:
_________________________
Owner’s Acknowledgment
State of Texas §
§
County of _______ §
Before me, the undersigned, a notary public in and for said county and state, on this day
personally appeared ______________, __________________ of Industrial Developments
International Texas, L.P., a Georgia Limited Partnership, on behalf of said partnership.
Notary Public, State of Texas
My Commission Expires:
IDI//Tax Abatement Agreement –Page 10 66448
Exhibit “A”
Legal Description of Land
OWNER'S CERTIFICATE
WHEREAS INDUSTRIAL DEVELOPMENTS INTERNATIONAL (TEXAS), L.P., a
Georgia Limited Partnership is the owner of a 27.072 acre tract of land located in the City of
Coppell, Dallas County, Texas, situated in the McKinney & Williams Survey, Abstract No. 1054
and the J.G. Carlock Survey, Abstract No. 312, and being Tract 1 of those tracts conveyed to
Industrial Developments International (Texas), L.P. by deed recorded in Volume 2004028, Page
146 of the Deed Records of Dallas County, Texas (DRDCT) and being more particularly
described as follows:
BEGINNING at a 1/2" iron pin found, said iron pin being the northeast corner of a tract
of land conveyed to Shams Real Estate Partners (LTD) by deed recorded in Volume 2000240,
Page 2919 DRDCT, said iron pin also being on the southerly line of a Dallas Area Rapid Transit
(DART) right-of-way (formerly St. Louis and Southwestern R.R. right-of-way);
THENCE N 75ø57'00" E along said southerly right-of-way line of DART, a distance of
559.73 feet to a capped 1/2" iron pin set from which a capped (NDM) 1/2" iron pin found bears
N 80ø37'07" W, 1.11 feet, said capped iron pin set also being the northwest corner of a
remainder tract conveyed to Dallas Power and Light Company by deed recorded in
Volume 4414, Page 83 DRDCT, said capped iron pin set also being the Point of Curvature of a
circular curve to the right having a radius of 604.36 feet, a central angle of 40ø46'57" and being
subtended by a chord which bears S 83ø39'31" E , 421.15 feet;
THENCE along said curve to the right and westerly line of said Dallas Power and Light
Company tract, a distance of 430.18 feet to a capped 1/2" iron pin set from which a
Capped (NDM) 1/2" iron pin found bears N 66ø30'55" W, 0.52 feet and from which a bent 1/2"
iron pin found bears N 83ø25'26" W, 0.22 feet;
THENCE S 63ø16'03" E tangent to said curve and along said westerly line of said Dallas
Power and Light Company tract, a distance of 297.95 feet to a capped 1/2" iron pin set, said
capped iron pin set also being on the northerly right-of-way line of Beltline Road (120' ROW),
said capped iron pin set also being the Point of Curvature of a non-tangent circular curve to the
left having a radius of 1969.68 feet, a central angle of 13ø19'23" and being subtended by a chord
which bears S 37ø56'50" W, 456.98 feet;
THENCE southwesterly along said curve to the left and said northerly right-of-way line
of Beltline Road, a distance of 458.01 feet to a capped 1/2" iron pin set from which a 5/8"
iron pin found bears N 69ø10'20" E, 0.36 feet;
THENCE S 31ø17'08" W tangent to said curve and along said northerly right-of-way line
of Beltline Road, a distance of 581.65 feet to a capped 1/2" iron pin set, said capped iron pin set
also being the Point of Curvature of a circular curve to the right having a radius of
1372.40 feet, a central angle of 37ø32'01" and being subtended by a chord which bears S
50ø03'09" W, 883.05 feet;
IDI//Tax Abatement Agreement –Page 11 66448
THENCE along said curve to the right and said northerly right-of-way line of Beltline
Road, a distance of 899.04 feet to a capped 1/2" iron pin set, said capped iron pin set also being
the southeast corner of said Shams Real Estate Partners (LTD) tract;
THENCE N 01ø15'45" E along the east line of said Shams Real Estate Partners (LTD), a
distance of 1469.45 feet to the Point of Beginning and containing 1,179,247 square feet
or 27.072 acres of land, more or less.
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
City Manager's Office
December 12, 2006
25
✔
CONTRACT/BID or PROPOSAL
Consider approval of an Economic Development Agreement by and between the City of Coppell and Kimberly-Clark
Global Sales, Inc. , and authorizing the Mayor to sign.
The Coppell Economic Development Committee unanimously approved the request for an Economic Development
Agreement made by Kimberly-Clark Global Sales, Inc. at their September 6, 2006 meeting.
Staff recommends City Council approve the Economic Development
Agreement for Kimberly-Clark Global Sales, Inc. and authorize the
Mayor to sign.
!Kimberly-Clark Eco Dev Agr - 1 AR
Coppell//Kimberly-Clark/Economic Development Agreement - 1 71423
STATE OF TEXAS §
§ Economic Development Incentive Agreement
§
COUNTY OF DALLAS §
This Economic Development Incentive Agreement (“Agreement”) is made by and among
the City of Coppell, Texas (“City”), and Kimberly-Clark Global Sales, Inc. (the “Company”),
acting by and through their respective authorized officers and representatives.
WITNESSETH:
WHEREAS, the Company currently leases approximately 414,000 square feet of office
space in the building located at 944 W. Sandy Lake Coppell, Texas (the “Improvements”) and
may expand and lease the remaining square feet of office space in the building and intends to
locate certain Tangible Personal Property (hereinafter defined) at the Improvements; and
WHEREAS, the Company has advised the City that a contributing factor that would
induce the Company to locate Tangible Personal Property at the Improvements and possibly
expand its operations in the City would be an agreement by the City to provide an economic
development grant to the Company; and
WHEREAS, the City has adopted programs for promoting economic development; and
WHEREAS, the City is authorized by Article 52-a Texas Constitution and TEX. LOC.
GOV’T CODE §380.001 to provide economic development grants to promote local economic
development and to stimulate business and commercial activity in the City; and
WHEREAS, the City has determined that making an economic development grant to the
Company in accordance with this Agreement will further the objectives of the City, will benefit
the City and the City inhabitants and will promote local economic development and stimulate
business and commercial activity in the City.
NOW THEREFORE, in consideration of the foregoing, and other valuable
consideration the receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows:
Article I
Definitions
For purposes of this Agreement, each of the following terms shall have the meaning set
forth herein unless the context clearly indicates otherwise:
“Base Year Tax” shall mean the ad valorem taxes assessed against the Property for tax year
2006.
“Effective Date” shall mean the last date of execution hereof.
Coppell//Kimberly-Clark/Economic Development Agreement - 2 71423
“Event of Bankruptcy or Insolvency” shall mean the dissolution or termination of the
Company’s existence as a going business, insolvency, appointment of receiver for any significant
part of the Company’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 the
Company and such proceeding is not dismissed within ninety (90) days after the filing thereof.
“Expiration Date” shall mean February 1 of the calendar year following the 5th
anniversary date of the First Year of Abatement..
“Force Majeure” means any contingency or cause beyond the reasonable control of a
party including, without limitation, acts of God or the public enemy, war, terrorism, riot, civil
commotion, insurrection, criminal acts by unrelated third parties, government or de facto
governmental action (unless caused by acts or omissions of the party) adverse weather, fires,
explosions or floods, strikes, slowdowns or work stoppages.
“Grants” shall mean annual economic development grants to be provided by the City in an
amount equal to twenty-five percent (25%) of the difference in the Base Year Tax and the ad
valorem tax assessed the Property for each tax year thereafter for a period of five (5) consecutive tax
years beginning with tax year 2006, to be paid as set forth herein.
“Impositions” shall mean all taxes, assessments, use and occupancy taxes, charges,
excises, license and permit fees, and other charges by public or governmental authority, general
and special, ordinary and extraordinary, foreseen and unforeseen, which are or may be assessed,
charged, levied, or imposed by any public or governmental authority on the Company or any
property or any business owned by Company within the Taxing Units.
“Improvements” shall mean at least 414,000 square feet of space in the building located 944
W. Sandy Lake, Coppell, Texas.
“Premises” shall mean the building located at 944 W. Sandy Lake, Coppell, Texas.
“Property” shall mean inventory owned or leased by the Company but excluding Freeport
goods located at the Improvements.
“Taxable Value” shall have the same meaning assigned by the Texas Tax Code, Section
1.04.
Article II
Term
The term of this Agreement shall begin on the last date of execution hereof (“Effective
Date”) and continue until the Expiration Date, unless sooner terminated as provided herein.
Coppell//Kimberly-Clark/Economic Development Agreement - 3 71423
Article III
Economic Development Grant
3.1 Grants. Subject to the Company’s continued satisfaction of all the terms and
conditions of this Agreement, provided the Taxable Value of the Property is at least $18 Million
Dollars as of January 1, 2006 and as of January 1 of each calendar year during the term of this
Agreement, and the Company’s obligation to repay the Grants pursuant to Section 5.2 hereof, the
City agrees to provide the Company with the Grants to be paid on March 1 of each calendar year
beginning March 1, 2007 provided the City has timely received the ad valorem taxes assessed
against the Property in full for the respective tax year. For illustration purposes only, assume that
the ad valorem taxes assessed against the Property for tax year 2006 is $50,000.00 and the Base
Year Tax (2006 ad valorem taxes against the Property) is $100,000.00, then the amount of the
annual grant for the Property would be, $50,000.00 ($100,000.00 - $50,000.00), and would be paid
on March 1, 2007.
3.2 Grant Limitations. Under no circumstances shall City obligations hereunder be
deemed to create any debt within the meaning of any constitutional or statutory provision. The
City shall have an obligation to pay the Grant only to the extent the Property Tax Receipts are
collected from Company. Further, City shall not be obligated to pay any commercial bank,
lender or similar institution for any loan or credit agreement made by the Company. None of the
City’s obligations under this Agreement shall be pledged or otherwise encumbered in favor of
any commercial lender and/or similar financial institution.
3.3 Current Revenue. The Grants made hereunder shall be paid solely from
lawfully available funds that have been appropriated by the City. Consequently, notwithstanding
any other provision of this Agreement, the City shall have no obligation or liability to pay any
Grants except as allowed by law. The City shall not be required to pay any Grants if prohibited
under federal or state legislation or a decision of a court of competent jurisdiction.
3.4 Tax Protest. In the event the Company timely and properly protests or contests
(including any motion to correct the appraisal roll) the Taxable Value and/or the taxation of the
Property, or portion thereof, with the central appraisal district (or its successor) the obligation of
the City to provide the annual Grant(s) with respect to the Property for such tax year shall be
abated until a final determination has been made of such protest or contest. Company shall
notify the City in writing within thirty (30) business days after any such Company protest or
contest. In the event the Company files any such protest and/or contest that results in a final
determination that changes the Taxable Value of the Property or portion thereof, the Company’s
tax liability for the Property after a Grant has been paid for the Property for such tax year, the
Grant for the Property for such tax year shall be adjusted (increased or decreased as the case may
be) accordingly on the date of payment of the next Grant payment date for the property or on the
Expiration Date if there are no further Grants to be paid hereunder.
3.5 Refunds. In the event the City determines in its sole discretion that the City
incorrectly paid to a Company an annual Grant, the Company shall, within thirty (30) days after
receipt of notification thereof from the City specifying the amount by which such Grant(s) exceeded
the correct amount to which the Company was entitled, repay such amount to the City. As a
Coppell//Kimberly-Clark/Economic Development Agreement - 4 71423
condition precedent to payment of such refund, the City shall provide the Company with of a copy
of such determination.
Article IV
Conditions to the Economic Development Grant
The City’s obligation to pay the Grants shall be conditioned upon the Company’s
continued compliance with and satisfaction of each of the conditions set forth below:
4.1 From and after the Effective Date and continuing thereafter until the Expiration
Date, or earlier termination, to the Company shall continuously lease and occupy the Improvements.
4.2 The Company shall not have an uncured breach or default of this Agreement.
Article V
Termination
5.1 This Agreement terminates upon any one or more of the following:
(a) by mutual written agreement of the parties;
(b) on the Expiration Date;
(c) by either party, if the other party defaults or breaches any of the terms or
conditions of this Agreement and such default or breach is not cured
within thirty (30) days after written notice thereof;
(d) by City, if any Impositions owed to the City or the State of Texas by
Company shall have become delinquent (provided, however, Company
retains the right to timely and properly protest and contest any such taxes
or Impositions);
(e) by City, if Company suffers an Event of Bankruptcy or Insolvency; or
(f) by either party 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;
5.2 In the event the Agreement is terminated pursuant to Section 5.1(c), (d),(e) or (f), by
the City the Company shall immediately refund to the City an amount equal to the sum of all annual
Grants paid by the City to the Company immediately proceeding the date of such termination, plus,
interest at the rate 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 applicable Taxing
Unit) as its prime or base commercial lending rate, from the date of termination until paid.
Coppell//Kimberly-Clark/Economic Development Agreement - 5 71423
Article VI
Miscellaneous
6.1 Binding Agreement. The terms and conditions of this Agreement are binding
upon the successors and permitted assigns of the parties hereto.
6.2 Limitation on Liability. It is understood and agreed between the parties that the
Company and City, in satisfying the conditions of this Agreement, have 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.
6.3 No Joint Venture. It is acknowledged and agreed by the parties that the terms
hereof are not intended to and shall not be deemed to create a partnership or joint venture among
the parties.
6.4 Authorization. Each party represents that it has full capacity and authority to
grant all rights and assume all obligations that are granted and assumed under this Agreement.
6.5 Notice. Any notice required or permitted to be delivered hereunder shall be
deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified
mail, return receipt requested, addressed to the party at the address set forth below (or such other
address as such party may subsequently designate in writing) or on the day actually received if
sent by courier or otherwise hand delivered.
If intended for City, to:
City of Coppell
Attn: City Manager
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
Kimberly-Clark Global Sales, Inc./Economic Development Incentive Agreement – Page 6 71423
If intended for the Company:
Kimberly-Clark Global Sales, Inc.
2100 Winchester Road
Neenah, WI 54956
Attn: Jason Ferry
6.6 Entire Agreement. This Agreement is the entire Agreement between the parties
with respect to the subject matter covered in this Agreement. There is no other collateral oral or
written Agreement between the parties that in any manner relates to the subject matter of this
Agreement, except as provided in any Exhibits attached hereto.
6.7 Governing Law. The Agreement shall be governed by the laws of the State of
Texas, without giving effect to any conflicts of law rule or principle that might result in the
application of the laws of another jurisdiction; 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.
6.8 Amendment. This Agreement may only be amended by the mutual written
agreement of the parties.
6.9 Legal Construction. In the event any one or more of the provisions contained in
this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the
intention of the parties to this Agreement that in lieu of each provision that is found to be illegal,
invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and
enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or
unenforceable.
6.10 Exhibits. All exhibits to this Agreement are incorporated herein by reference for
all purposes wherever reference is made to the same.
6.11 Successors and Assigns. This Agreement may not be assigned without the prior
written consent of the City Manager.
6.12 Recitals. The recitals to this Agreement are incorporated herein.
6.13 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.
6.14 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.
Kimberly-Clark Global Sales, Inc./Economic Development Incentive Agreement – Page 7 71423
EXECUTED on this _______ day of _____________________, 2006.
CITY OF COPPELL, TEXAS
By:
Douglas N. Stover, Mayor
Attest:
By:
Libby Ball, City Secretary
Approved as to Form:
By:
Peter G. Smith, City Attorney
EXECUTED on this _______ day of ______________________, 2006.
KIMBERLY-CLARK GLOBAL SALES, INC.
By: ______________________________
Name: ____________________________
Title: _____________________________
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
Planning
December 12, 2006
26
✔
PUBLIC HEARING
Consider approval of Case No. ZC-620 The Duke Lesley Addition, zoning change request from A (Agriculture) to LI
(Light Industrial) on Block A, containing 111.6 acres of property and HC (Highway Commercial) on Blocks B and C,
containing 72.9 acres of property to allow the development of mixed uses, including retail, office, hotel and light
industrial (office/warehouse) on a total of 184.5 acres of property located at the northwest corner of IH-635 and
Beltline Road at the request of Duke Realty LP, being represented by Jack Evans, Pacheco Koch Consulting Engineers.
The following P&Z conditions remain outstanding:
1. Show zoning classification lines going to middle of street right-of-way; indicate zoning on Lot 1 & 2, Block C.
2. Design all buildings/screening, and provide landscaping in conformance with the Zoning Ordinance.
Recommendation of the P&Z Commission at the November 16th
meeting:
APPROVAL with 6-0 vote, subject to the conditions listed above.
Staff recommends approval.
@1 ZC-620 Duke Leslie Add., 1-AR
ITEM # 4 Page 1 of 4
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case No.: ZC-620 The Duke Lesley Addition
P&Z HEARING DATE: November 16, 2006
C.C. HEARING DATE: December 12, 2006
STAFF REP.: Gary L. Sieb, Director of Planning
LOCATION: Northwest corner of IH-635 and Beltline Road.
SIZE OF AREA: 184.5 acres
CURRENT ZONING: (Agriculture)
REQUEST: Zoning change request from A (Agriculture) to LI (Light
Industrial) on Block A, containing 111.6 acres of property and HC
(Highway Commercial) on Blocks B and C, containing 72.9 acres
of property to allow the development of mixed uses, including
retail, office, hotel and light industrial (office/warehouse).
APPLICANT: Duke Realty Limited Partnership
Alex Bennett
5495 Beltline Road
Suite 360
Dallas, TX. 75254
(972) 361-6700
Fax: (972) 361-6800
HISTORY: There has been no development history on the subject tract,
although a thoroughfare plan amendment was approved by Council
on October 10th that is reflected by the street pattern shown on
these plans.
ITEM # 4 Page 2 of 4
TRANSPORTATION: Beltline Road is a P6D major thoroughfare built to standard in a
120-foot right of way; LBJ Freeway is an interstate highway built
to federal highway guidelines.
SURROUNDING LAND USE & ZONING:
North –middle school and warehousing, “LI,” Light Industrial
South –developing commercial; City of Irving
East – vacant; “A,” Agriculture
West – office, developing commercial; “LI,” Light Industrial, City of Irving
COMPREHENSIVE PLAN:The Coppell Comprehensive Plan shows the property as suitable
for freeway office and commercial uses.
DISCUSSION: This is a request for straight zoning (HC and LI) which might be better
served through the application of a Planned Development because of the
sheer size of this request (185 acres). The advantage to the community
with Planned Development zoning lies in the amount of detail that is
provided before any zoning is granted. The PD assures that we know
exactly what is being proposed before zoning guidelines are put in place.
On the other hand, the advantage to the developer in requesting HC and LI
zoning is the fact that no detail is required before these base zoning
categories are considered. Although a PD seems appropriate here,
especially with regard to the size of the land area, we do require review of
development proposal and site plans before any development can occur.
Because of that requirement, staff is not uncomfortable with reviewing
this application as submitted, although our preference would have been a
PD request.
The applicant has been known as a developer of quality warehouse
buildings in Coppell for a number of years. As early as the year 2000, this
landowner began to develop the area along Freeport Parkway and today
that project is almost completely built out. It is no surprise then, that this
application is calling for 102 acres of potential warehouse development.
Because it is at the northern end of this parcel staff has little objection to
the proposed use. One point of caution, the site is relatively flat and any
development on the proposed LI parcel will have full view from LBJ
Freeway and Dividend Drive. We suggest any construction of warehouse
space be planned with fronts facing the street, and advise the applicant that
truck bays adjacent to streets without substantial screening is a violation of
our zoning ordinance. In addition, we urge the applicant to design any
portion of a warehouse that can be seen from LBJ Freeway with facades of
high quality, similar to the building frontages found in their other Coppell
projects. When this property is ready for development, we would urge the
designer to carefully address these critical facade concerns when any
proposed development is submitted for City review.
ITEM # 4 Page 3 of 4
Regarding the request for HC zoning on the remaining 76 acres, staff
repeats similar concerns. Although we understand the remainder of the
parcel (the HC portion) will be sold to other developers, this property is
the entrance to the City. What is developed here sets the tone for the
entire community—it is the gateway to Coppell. Although past
development in the City has been of very high quality, we have no
assurance that pattern will continue until we see detailed plans for the
subject property. Because site plan review is required before any
development can occur (just as with the warehouse development discussed
earlier), staff is cautiously optimistic that a quality product will result
when plans are submitted for City approval. One final point with regard to
the appearance issue--tilt wall construction is allowed on the LI zoned area
and the majority of existing warehouse construction is of that material.
Any construction in the HC zone will, however, require 80% masonry
construction, so typical tilt wall will not be allowed. That requirement
gives us further assurance that a quality product will result on the HC
zoned parcels.
The zoning exhibit also delineates two street alignments--the extension of
Dividend Drive and the location of a new street named Point West
Boulevard. Dividend is a divided street shown to be in a 90-foot right-of-
way. It conforms to City standards, and extends from the existing
Dividend over to Beltline Road on the east. Point West is shown as a two-
lane, undivided semi-collector street with 50 feet of right-of-way. As a
general rule a 50-foot right-of-way is too narrow for our collector streets,
especially in areas of high traffic generation such as
retail/office/warehouse districts. However, if the street were paved to a
37-foot width with a 5-foot sidewalk and utility easement on each side
beyond the 50-foot right of way (or a total dimension of 60 feet), we could
support the street proposal. One other general comment relative to the
street alignment of Dividend. As shown on the zoning exhibit, it is
immediately adjacent to the LBJ Freeway r.o.w. and leaves an impression
of massive concrete roads. We would urge the applicant to provide
extensive landscaping to soften the harsh look of two roadways side by
side.
All in all, staff can support this zoning request with the understanding that
more detailed plans will be required before we can endorse any individual
site-specific development proposal. Our major points of concern involve
the facades of the warehouse buildings, the presence of truck bays
adjacent to streets without adequate screening (a violation of our zoning
code), the appearance of buildings on the HC zoned tracts, and the
treatment and landscaping of Dividend Drive adjacent to LBJ Freeway.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of this request, subject to the following conditions:
ITEM # 4 Page 4 of 4
1. Show zoning classification lines going to middle of street right-of-
way.
2. Dimension and show acreage of Lot 2, Block C.
3. Adjust and show acreage/dimensions of Lot 1, Block C.
4. Show acreage of area north of Lots 1 and 2, Block C
5. Note that corner lots have two front yards.
6. Design all buildings/screening, and provide landscaping in
conformance with the Zoning Ordinance.
ALTERNATIVES:
1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1) Zoning Exhibit (2 sheets)
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
Planning
December 12, 2006
27
✔
PRESENTATION
Consider approval of the Duke Lesley Addition, Blocks A, B and C, Preliminary Plat, to establish Blocks A, B and C,
allowing for the submission of final plats prior to the development on 184.5 acres of property located at the northwest
corner of IH-635 and Beltline Road at the request of Duke Realty LP, being represented by Jack Evans, Pacheco Koch
Consulting Engineers.
The following P&Z conditions remain outstanding:
1. Meet all requirements of the Subdivision Regulations and all other city codes.
2. Show proposed zoning for each lot and block.
3. Change match line number on Sheet 1 from See Sheet 4 to See Sheet 3.
Recommendation of the P&Z Commission at the November 16th
meeting:
APPROVAL with 6-0 vote, subject to the conditions listed above.
Staff recommends approval.
@2 Duke Leslie, A, B &C, PP, 1-AR
ITEM # 5 Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case: Duke Lesley Addition, Blocks A, B and C,
Preliminary Plat
P&Z HEARING DATE: November 16, 2006
C.C. HEARING DATE: December 12, 2006
STAFF REP.: Gary L. Sieb, Director of Planning
LOCATION: Northwest corner of IH-635 and Beltline Road
SIZE OF AREA: 184.5 acres
CURRENT ZONING: (Agriculture)
REQUEST: To preliminary plat three building sites in Blocks A, B, and C,
establish rights-of-way for two streets, and create two building lots
for future development.
APPLICANT: Owner: Engineer:
Duke Realty Limited Partnership Pacheco Koch
Alex Bennett Jack Evans, P.E.
5495 Beltline Road 8350 N. Central Expy.
Suite 360 Suite 1000
Dallas, TX. 75254 Dallas, TX. 75206
(972) 361-6704 (972) 235-3031
Fax: (972) 361-6800 Fax: (972) 235-9544
HISTORY: There has been no development history on the subject tract
although a thoroughfare amendment was approved by Council on
ITEM # 5 Page 2 of 3
October 10th that is reflected by the street pattern shown on these
plans.
TRANSPORTATION: Beltline Road is a P6D major thoroughfare built to standard in a
120-foot right-of-way; LBJ Freeway is an interstate highway built
to federal highway guidelines.
SURROUNDING LAND USE & ZONING:
North –middle school and warehousing; “LI,” Light Industrial
South –developing commercial; City of Irving
East – vacant; “A,” Agriculture
West – office, developing commercial; “LI,” Light Industrial, City of Irving
COMPREHENSIVE PLAN:The Coppell Comprehensive Plan shows the property as suitable
for freeway office and commercial uses.
DISCUSSION: As specified in the Coppell Subdivision Regulations, the purpose of a
preliminary plat is to allow the Planning Commission to review the overall
platting pattern of the tract, water and sewer service, landscape
opportunities and street patterns. The initial purpose of this preliminary
plat was to subdivide this property into two streets so construction could
begin and open the interior of this parcel for development as well as
circulation purposes. Half way through the review process, the applicant
requested a modification to the preliminary plat, and proposed two
additional lots being carved out of the preliminary plat document.
Because the request involved rather simple lot dimensions, staff had no
objection to the alteration. As revised, Block A is being rezoned from
Agriculture to LI for future warehouse development and contains 102 of
the 184-acre property. Block B contains 25 acres and is being rezoned to
Highway Commercial. Block C, the parcel being altered, contains 46
acres and is also being rezoned from Agriculture to Highway Commercial.
Regarding modification, in essence, the applicant has carved out a 5-acre
lot for a proposed hotel site (Lot 2, Block C), with the remainder of Block
C containing 17.4 acres (labeled Lot 1, Block C) for future highway
commercial uses. Approximately 11.5 acres have been platted for two
streets, Dividend Drive and Point West Boulevard. When constructed,
each street needs to provide eight inches of concrete paving on a six-inch
lime subgrade, as commented by the Engineering Department.
This land area generated substantial discussion in the zoning phase, so we
will not repeat our concerns with the zoning application here. Suffice it to
say that development of the property will need to conform to City
standards, both with the development of individual buildings and in
subdivision platting.
ITEM # 5 Page 3 of 3
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of this request, subject to the following conditions:
1. Meet all requirements of the Subdivision Regulations and all other city codes.
2. Show proposed zoning for each lot and block.
3. Additional 5 foot sidewalk and utility easements need to be shown on each
side of 50 foot right of way (see Engineering comments attached)
ALTERNATIVES:
1) Recommend approval of the request
2) Recommend disapproval of the request
ATTACHMENTS:
1) Preliminary Plat (3 sheets)
2) Departmental comments (Engineering)
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
Planning
December 12, 2006
28
✔
PRESENTATION
Consider approval of the Duke Lesley Addition, Final Plat of Lesley Drive and the Extension of Dividend Drive and two
building sites, Lots 1 & 2, Block C, to allow the construction of West Point Blvd. and the extension of Dividend Drive,
containing approximately 11.54 acres of property, platting of Lots 1 & 2 containing 17.394 and 5.05 acres respectively,
located north of IH-635 and west of Beltline Road at the request of Duke Realty LP, being represented by Jack Evans,
Pacheco Koch Consulting Engineers.
The following P&Z conditions remain outstanding:
1. Explanation of Dividend Drive encroachment (See Engineering comments).
Recommendation of the P&Z Commission at the November 16th
meeting:
APPROVAL with 6-0 vote, subject to the conditions listed above.
Staff recommends approval.
@3 Duke Leslie, L1&2, BA, FP, 1-AR
ITEM # 6 Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case: Duke Lesley Addition, Final Plat of Point West
Boulevard, the Extension of Dividend Drive, and two
Building Sites, Lots 1 and 2, Block C
P&Z HEARING DATE: November 16, 2006
C.C. HEARING DATE: December 12, 2006
STAFF REP.: Gary L. Sieb, Director of Planning
LOCATION: Northwest corner of IH-635 and Beltline Road.
SIZE OF AREA: 33.85 acres
CURRENT ZONING: (Agriculture)
REQUEST: To allow the platting of two roads and two building sites for future
construction.
APPLICANT: Owner: Engineer:
Duke Realty Limited Partnership Pacheco Koch
Alex Bennett Jack Evans, P.E.
5495 Beltline Road 8350 N. Central Expy.
Suite 360 Suite 1000
Dallas, TX. 75254 Dallas, TX. 75206
(972) 361-6700 (972) 235-3031
Fax: (972) 361-6800 Fax: (972) 235-9544
HISTORY: There has been no development history on the subject tract
although a thoroughfare amendment was approved by Council on
October 10 that is reflected by the street pattern shown on these
plans.
ITEM # 6 Page 2 of 3
TRANSPORTATION: Beltline Road is a P6D, major thoroughfare built to standard in a
120-foot right-of-way; LBJ Freeway is an interstate highway built
to federal highway guidelines.
SURROUNDING LAND USE & ZONING:
North –middle school and warehousing; “LI,” Light Industrial
South –developing commercial; City of Irving
East – vacant; “A,” Agriculture
West – office, developing commercial; “LI,” Light Industrial, City of Irving
COMPREHENSIVE PLAN: The Coppell Comprehensive Plan shows the property as suitable
for freeway office and commercial uses.
DISCUSSION: This is a final plat delineating the right-of-way for two streets being
subdivided through the former Lesley property, and two building sites,
Lots 1 and 2 of Block C. Dividend Drive is being extended from the west,
across the former Lesley property and terminates at Beltline Road. This
street will be a four-lane divided thoroughfare contained within a 90-foot
right-of-way, including an irrigated and landscaped median.
The second street being platted is Point West Boulevard and it is shown
with a 50-foot right-of- way. Staff strongly feels this street should be an
undivided 37-foot paved street. To encourage the developer to construct
at this dimension we have agreed to allow 5-foot utility and sidewalk
easements on each side of the 50-foot dedication for utility and sidewalk
construction.
The building sites being platted range in size from Lot 1, Block C, a 17.4
acre lot at the corner of Beltline Road and LBJ Freeway, to 5 acres for Lot
2, Block C the anticipated hotel site located along the proposed Point West
Boulevard. Lot 1 has not yet been planned for development, but quality
users are envisioned considering the location and its identity as the
entryway into Coppell. We do not anticipate gas stations, convenience
stores and other similar users at this high profile intersection.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of this request, subject to the following conditions:
1. Five-foot sidewalk and utility easements are needed along Point West
Boulevard.
2. Increase the line weight that depicts Lot 2, Block C.
3. Explanation of Dividend Drive encroachment ( See Engineering
comments).
ITEM # 6 Page 3 of 3
ALTERNATIVES:
1) Recommend approval of the request
2) Recommend disapproval of the request
ATTACHMENTS:
1) Final plat document (2 sheets)
2) Departmental comments (Engineering)
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ ȱ
Planning
December 12, 2006
29
✔
ORDINANCE
Consider approval of an Ordinance for Case No. PD-216-H, Robertson Pools, zoning change request from H and SF-12
(Historic and Single Family-12) to PD-216-H (Planned Development-216-Historic), to approve a detail Site Plan, to allow
a 1,740-square-foot expansion to an existing 3,120-square-foot building, construction of a 4,970-square-foot building,
outside storage and additional parking on approximately 2.65 acres of property located at 569 Coppell Road, north of
Bethel Road, and authorizing the Mayor to sign.
On October 19, 2006, the Planning Commission recommended
approval of this zoning request.
On November 14, 2006, Council approved this zoning change (6-0).
Councilman Faught abstained.
Staff recommends approval.
@PD-216-H, Robertson (ORD), 1-AR
1 11743
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP
OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM H AND SF-12 (HISTORIC
AND SINGLE FAMILY-12) TO PD-216-H (PLANNED DEVELOPMENT-
216-HISTORIC), TO APPROVE A DETAIL SITE PLAN, TO ALLOW A
1,740-SQUARE-FOOT EXPANSION TO AN EXISTING 3,120-SQUARE-
FOOT BUILDING, CONSTRUCTION OF A 4,970-SQUARE-FOOT
BUILDING, OUTSIDE STORAGE AND ADDITIONAL PARKING ON
APPROXIMATELY 2.65 ACRES OF PROPERTY LOCATED AT 569
COPPELL ROAD, NORTH OF BETHEL ROAD AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO;
PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR
THE APPROVAL OF A SITE PLAN, LANDSCAPE PLAN/TREE SURVEY,
AND ELEVATIONS, ATTACHED TO AS EXHIBITS “B”, “C”, AND “D”,
RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the City of
Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the
Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing to all
property owners generally, and to all persons interested and situated in the affected area and in the
vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-216-H
should be approved, and in the exercise of legislative discretion have concluded that the
Comprehensive Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1.That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be
and the same is hereby amended to grant a change in zoning H and SF-12 (Historic and Single
2 11743
Family-12) to PD-216-H (Planned Development-216-Historic), to approve a detail Site Plan, to
allow a 1,740-square-foot expansion to an existing 3,120-square-foot building, construction of a
4,970-square-foot building, outside storage and additional parking on approximately 2.65 acres
of property located at 569 Coppell Road, north of Bethel Road, and being more particularly in
Exhibit “A”, attached hereto and made a part hereof for all purposes.
SECTION 2.That the property shall be developed and used only in accordance the H
(Historic) District regulations except as herein amended:
A) Front yard parking shall be permitted.
B) Non-vehicular and perimeter landscaping shortages are permitted as follows:
a) Non-vehicular – 14,583 square feet required; 7,773 square feet provided.
b) East Perimeter - Two planter boxes and existing streetscaping provided in lieu of 15'
landscape buffer.
c) South Perimeter – Required trees are provided elsewhere on site.
C) All existing and proposed uses (Retail, Office, Warehouse, and Outside Storage) shall be
permitted by right.
D) All existing and proposed lighting facilities shall be in accordance with the H District
regulations
SECTION 3.That the Site Plan, Landscape Plan/Tree Survey, and Elevations attached to
as Exhibits “B”, “C” and “D”, respectively, and made a part hereof for all purposes, are hereby,
approved.
3 11743
SECTION 4. That the above property shall be used and developed only in the manner and
for the purpose provided for by the Comprehensive Zoning Ordinance and other applicable
ordinances of the City of Coppell, as heretofore amended, and as amended herein.
SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict except as amended herein with the provisions of this ordinance be, and the same are hereby,
repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in
full force and effect.
SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so
decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION 7. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 8.That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by
a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and
every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 9.That this ordinance shall take effect immediately from and after its passage
and the publication of its caption, as the law and charter in such cases provide.
4 11743
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2006.
APPROVED:
_____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 11/29/2006)
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Secretary
December 12, 2006
30
✔
PROCEDURAL
Consider approval of accepting the resignation of Wendy Dunn from the Library Board and appointing a member to
fill the unexpired term.
Wendy Dunn has submitted a resignation letter stating job related traveling has necessitated her resigning from the
Board. Her term expires October, 2008.
Staff recommends approval.
Kathy:
Unfortunately, I think I really do need to resign. I apologize for the
trouble, obviously if I'd known I'd have to be doing so much traveling,
I couldn't have re-applied for the board (or taken this job but that's
another matter entirely.)
I enjoyed my tenure with the board tremendously and apologize profusely
for not being able to continue. I appreciate your understanding and
patience.
----------------------------------------------------
Wendy E. Dunn
DATE: December 12, 2006
ITEM #: 31
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork
DATE: December 26, 2006
ITEM #: 32
AGENDA REQUEST FORM
CITY MANAGER'S REPORT
A. Capital Facilities Update.
B. Old Town Update.
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork
DATE: December 12, 2006
ITEM #: 33
AGENDA REQUEST FORM
MAYOR AND COUNCIL REPORTS
A. Report by Mayor Stover regarding the Metroplex Mayors’ Meeting.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
DATE: December 12, 2006
ITEM #: 34
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: December 12, 2006
Department Submissions:
Item No. 8/B was placed on the Agenda for the above-referenced City
Council meeting by the Police Department. I have reviewed the Agenda
Request (and any backup if applicable) and hereby submit this item to the
City Council for consideration.
____________________
Police Department
Item Nos. 8/C, 8/D, 8/E, 8/F 26, 27, 28 and 29 were placed on the
Agenda for the above-referenced City Council meeting by the Planning
Department. I have reviewed the Agenda Requests (and any backup if
applicable) and hereby submit these items to the City Council for
consideration.
____________________
Planning 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
City Manager Review:
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)