CP 2008-12-09
NOTICE OF CITY COUNCIL MEETING AND AGENDA
DECEMBER 9, 2008
DOUG STOVER, MARVIN FRANKLIN, Place 6
Mayor Mayor Pro Tem
TIM BRANCHEAU, Place 1 MARSHA TUNNELL, Place 4
JAYNE PETERS, Place 2 BILLY FAUGHT, Place 5
BRIANNA HINOJOSA-FLORES, Place 3 KAREN HUNT, 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 9, 2008, 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. Northlake Settlement Agreement between Crow-Billingsley, et
al and City of Coppell.
2. Legal Requirements for Traffic Enforcement.
B. Section 551.072, Texas Government Code - Deliberation regarding
Real Property.
1. Sale and acquisition of real property south of Bethel Road
and west of Denton Tap.
C. Section 551.087, Texas Government Code – Economic
Development Negotiations.
1. Economic Development Prospects West of Denton Tap.
D. Section 551.074, Texas Government Code - Personnel Matters.
1. City Manager Evaluation.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Cemetery Update.
B. Legislative Agenda.
C. Discussion of Agenda Items.
Adjourn Work Session.
PUBLIC ANNOUNCEMENTS
Public Service Announcements concerning local civic events and no Council
action is required or permitted.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
6. Pledge of Allegiance.
7. Citizens' Appearances.
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ITEM # ITEM DESCRIPTION
CONSENT AGENDA
8. Consider approval of the following consent agenda items:
A. Consider approval of minutes: November 11, 2008.
B. Consider approval of a Resolution approving a Tax Abatement
Agreement between the City of Coppell and KTR Coppell, LLC, and
authorizing the Mayor to sign.
C. Consider approval of a Resolution approving a Tax Abatement
Agreement between the City of Coppell and KTR Coppell, LLC, and
authorizing the Mayor to sign.
D. Consider approval of a Resolution approving a Tax Abatement
Agreement between the City of Coppell and Cargill, Inc., and
authorizing the Mayor to sign.
E. Consider approval of a grant agreement between the City of
Coppell, the Coppell Education Development Corporation, and the
Lewisville Independent School District in the amount of $8,871.00 for
technology at Durham Middle School, and authorizing the City
Manager to sign.
F. Consider approval of a grant agreement between the City of
Coppell, the Coppell Education Development Corporation, and the
Lewisville Independent School District in the amount of $9,754.00 for
test preparation software, and authorizing the City Manager to sign.
G. Consider approval of a six-month extension to the expiration date
of January 7, 2009 for the Freeport Parkway ROW Dedication Final
Plat, to provide the required right-of-way for the extension of
Freeport Parkway, north of Sandy Lake Road to S.H. 121.
H. Consider approval of an Ordinance for Case No. PD-161R2-SF-12,
Stratford Manor, a zoning change from PD-161-SF-12 (Planned
Development District-161-Single Family-12) to PD-161R2-SF-12
(Planned Development District-161 Revision 2-Single Family-12) to
allow a concrete block wall, six feet tall, along the rear of Lot 12,
Block A, property known as 709 Stratford Lane, and authorizing the
Mayor to sign.
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ITEM # ITEM DESCRIPTION
I. Consider approval of an Ordinance for Case No. PD-236-SF-12,
Bethel Road Manor, a zoning change from C (Commercial) and SF-
12 (Single Family-12) to PD-236-SF-12 (Planned Development-236-
Single Family-12) to allow the construction of a single-family home
with an eight-foot side yard on property located on the north side
of Bethel Road, known as 234 W. Bethel Road and authorizing the
Mayor to sign.
END OF CONSENT
9. Consider approval of a Resolution amending Resolution No. 010996.3 as
heretofore amended, with regard to water rate fees; sewer rate fees;
recreational fees; garbage collection fees; and adding the Rolling Oaks
Memorial Center fees and authorizing the Mayor to sign.
10. PUBLIC HEARING:
Consider approval of the Magnolia Fisheries, Lot 1R, Block A, Replat &
Minor Plat, to incorporate 0.65 acres of property into the existing tract for
a total of 1.424 acres of property allowing the expansion of the existing
facility located at 217 N. Coppell Road.
11. PUBLIC HEARING:
Consider approval of the Vaughan Addition, Lot 1R, Block 1, Replat, being
a replat of Lot 1, Block 1 to allow the incorporation of 4,490 square feet of
this property into Lots 3, 4 and 5, Block 1 of the Old Coppell Estates
Addition, and replat the remaining 1.154 acres of property located at 412
Bethel Road.
12. PUBLIC HEARING:
Consider approval of Case No. ZC-623, East Bethel Road, zoning change
from R (Retail) to SF-12 (Single Family-12) to allow the construction of a
single-family home on 0.6278 acres of property located on the north side
of Bethel Road, approximately 315 feet east of Denton Tap Road.
13. PUBLIC HEARING:
Consider approval of Case No. S-1249-C, Sprouts, zoning change from C
(Commercial) to S-1249-C (Special Use Permit-1249-Commercial), to allow
a 28,887-square-foot grocery store to occupy a portion of an existing
building, to modify the front elevations and add two trellis structures to the
front of the building, located at 110 W. Sandy Lake Road, Suite 180.
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ITEM # ITEM DESCRIPTION
14. PUBLIC HEARING:
Consider approval of a Resolution granting a variance of one hundred
(100') feet to SFM Beverages, Inc. d/b/a Sprouts Farmers Market 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 110
Sandy Lake Road, Suite 180; and authorizing the Mayor to sign.
15. 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 described as Freeport north Lot 5R.2 (11.42 acres), located at
the NEC of Royal Lane and Creekview Drive, Coppell, Texas.
16. Consider approval of an Ordinance designating Derse Exhibits, Inc.,
Reinvestment Zone No. 60, and authorizing the Mayor to sign.
17. Consider approval of a Resolution approving a Tax Abatement
Agreement between the City of Coppell and Derse Exhibits, Inc., and
authorizing the Mayor to sign.
18. Consider approval of a Resolution approving a letter of support for the
creation of a Foreign Trade Zone to be located at 301 S. Northpoint in
Coppell, Texas, and authorizing the Mayor to sign.
19. Consider approval of a Resolution approving a letter of support for the
creation of a Foreign Trade Zone to be located at 240 Dividend Road, 400
Dividend Road and 1475 S. Belt Line Road in Coppell, Texas, and
authorizing the Mayor to sign.
20. Mayor and Council Reports.
A. Report by Mayor Stover regarding the Metroplex Mayors’ Meeting.
B. Report by Mayor Stover regarding Jim Witt Reception/Clay Phillips
Swearing in on December 16.
C. Report by Mayor Stover regarding the Christmas parade on
December 6.
21. Necessary action resulting from Work Session.
22. Necessary action resulting from Executive Session.
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ITEM # ITEM DESCRIPTION
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 5th day of December, 2008, at
__________________.
____________________________________
Libby Ball, City Secretary
DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON
THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC
DOCUMENTS, COUNCIL PACKETS.
PUBLIC NOTICES
STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public
programs, services and/or meetings, the City requests that individuals make requests for
these services forty-eight (48) hours ahead of the scheduled program, service and/or
meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or
other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989).
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KEY TO COUNCIL GOALS ICONS
COPPELL VISION 2030
Sustainable City Government
• Excellent City Services with high level of Customer Satisfaction
• “Green” City Operations and Facilities
• Excellent and Well-maintained City Infrastructure and Facilities
• Top Quality City Workforce
• Financial Resources to Support City Services
Business Prosperity
• Retention and Attraction of Businesses that generate revenues for the City
• Major Retail and Top Quality Business Office Park along I-635 and SH 121
• Old Coppell as a Small Town Village
• Community Commercial Centers
• House Offices and Home-Based Businesses
Community Wellness and Enrichment
• Community Gathering Places
• Recreation Programs and Services for all Generations
• Expand Cultural Arts Amenities and Opportunities
• Residents’ Wellness and Longevity
• Community Education Programs and Support of Top Quality Schools
• Multi-Use Trail Systems Connecting the City
Sense of Community
• Residents and Businesses Engaging and Contributing to the Coppell Community
• Strong Community Events and Festivals
• New Residents Welcome and Involved
• Effective Community Partnerships
• Future Civic Community Leaders’ Development
Special Place to Live
• Quality Housing for Family Generations
• Beautiful Green City
• Revitalizing Neighborhoods
• Mobility within Coppell
• Easy Access to Dallas-Fort Worth Regions
AGENDA REQUEST FORM
DATE: December 9, 2008
ITEM #: ES-2
EXECUTIVE SESSION
A. Section 551.071, Texas Government Code – Consultation with City Attorney.
1. Northlake Settlement Agreement between Crow-Billingsley, et al and City
of Coppell.
2. Legal Requirements for Traffic Enforcement.
B. Section 551.072, Texas Government Code – Deliberation regarding Real
Property.
1. Sale and acquisition of real property south of Bethel Road and west of
Denton Tap.
C. Section 551.087, Texas Government Code – Economic Development
Negotiations.
1. Economic Development Prospects West of Denton Tap.
D. Section 551.074, Texas Government Code – Personnel Matters.
1. City Manager Evaluation.
Agenda Request Form - Revised 02/04 Document Name: %exsessn
AGENDA REQUEST FORM
DATE: December 9, 2008
ITEM #: WS-3
WORK SESSION
A. Cemetery Update.
B. Legislative Agenda.
C. Discussion of Agenda Items.
Agenda Request Form - Revised 02/07 Document Name: %wksessn
Brad- thoughts on cover page.
The purpose in building Rolling Oaks Memorial Center was to serve the residents of
Coppell. To give them a place to honor and memorialize their loved one. Rolling Oaks
Cemetery will be a beautiful addition to the City and further a sense of community. With
this in mind resident pricing was selected to be affordable and attractive compared to the
surrounding cemeteries. Rolling Oaks Cemetery will be the only cemetery to have
resident and non-resident fees. We also felt the need to be competitive with regards to
our non-resident pricing. We believe compared to the surrounding cemeteries this has
been accomplished.
Pricing Survey Of Cemeteries Within A 20 Mile Radius
Of Coppell Texas
Restland Cemetery
Spaces- $3,695.00 to $14,400
Niches- $2,100 and up
Blue Bonnet Cemetery of Colleyville
Spaces- $4,100 to $7,000
Niches- $2,150 to $5,450
Grand Prairie Cemetery
Spaces- $1,295 to $2100
Niches- $1,000 to $1,600
Oak Grove Cemetery of Irving
Spaces- $1640.00 to $3790.00
Did not receive niche pricing
Metrocrest/ Hilltop Cemetery
Spaces- $2,550 and up
Niches- $1,600 and up
RESIDENT
The Resident fees apply to current residents of the City of Coppell, former
residents who resided in the City of Coppell for ten (10) years or more and
employees of the City and former employees with ten years of service or more to
the City. If required, proof of residency is the responsibility of the Purchaser.
ROLLING OAKS MEMORIAL CENTER
RETAIL PRICE LIST
(EFFECTIVE NOVEMBER 15, 2008)
GARDEN PRICES
Resident* Non-Resident
Garden of Serenity $1,395 $4,595
Garden of Honor (Veterans) $1,095 $2,195
Heritage Garden
Lawn Level Memorials $ 895 $1,995
Two Spaces Minimum
(Monument Rights) $1,495 Each $2,595 Each
Garden of Hope $1,095 $2,195
Infant Burial Spaces (No Charge for Coppell Residents)
$500 Charge For Non- Residents
*Resident to be defined.
ROLLING OAKS MEMORIAL CENTER
RETAIL PRICE LIST
(EFFECTIVE NOVEMBER 15, 2008)
NICHES
Niches (Companion) Resident Non-Resident*
Tier 8 $1,695 $2,295
Tier 7 $1,695 $2,295
Tier 6 $1,695 $2,295
Tier 5 $2,295 $2,895
Tier 4 $2,295 $2,895
Tier 3 $2,295 $2,895
Tier 2 $1,695 $2,295
Tier 1 $1,695 $2,295
”Resident” to be defined.
CITY OF COPPELL
Bills Filed 11/15/08 – 11/21/08
HB 254
Berman Relating to restricting illegal immigrants to certain geographic
regions.
Last Action: 11-17-08 H Filed
HB 257
Berman Relating to extension of modification of restrictive covenants in
certain residential real estate subdivisions.
Last Action: 11-17-08 H Filed
HB 261
Berman Relating to the enforcement of state and federal laws by certain
governmental entities.
Last Action: 11-17-08 H Filed
HB 263
Berman Relating to the imposition of a fee for money transmissions sent to
certain destinations outside the United States.
Last Action: 11-17-08 H Filed
HB 266
Berman Relating to regulating the provision of benefits and services to, and
the verification of the employment status of, immigrants and to
enforcing laws relating to immigrants.
Last Action: 11-17-08 H Filed
HB 282
Anchia Relating to the designation of certain election days as state holidays.
Last Action: 11-18-08 H Filed
HB 288
Dutton Relating to authorizing a justice or municipal court to grant an
occupational driver's license.
Last Action: 11-19-08 H Filed
HB 303
Dutton Relating to an exemption from the sales tax for labor to install
certain tangible personal property in buildings that obtain LEED
certification.
Last Action: 11-19-08 H Filed
HB 325
Raymond Relating to exempting books purchased by university and college students from the sales tax for a limited period.
Companions: SB 22 (Identical)
Last Action: 11-20-08 H Filed
SB 313
Wentworth Relating to the extension of the term of a reinvestment zone created
under the Tax Increment Financing Act.
Last Action: 11-21-08 S Filed
1
CITY OF COPPELL
81st Texas Legislature
Bill Status Report
COPPELL
HB 11 Leibowitz Relating to repeal of authority for the establishment and operation
of the Trans-Texas Corridor.
Track Name(s):
Bill History: 11-10-08 H Filed
HB 12 Leibowitz Relating to the membership of the Transportation Commission.
Track Name(s):
Bill History: 11-10-08 H Filed
HB 13 Leibowitz Relating to the operation of a state highway or segment of a state
highway as a toll project.
Track Name(s):
Bill History: 11-10-08 H Filed
HB 14 Leibowitz Relating to the application of certain contract management laws to
the Department of Transportation.
Track Name(s):
Bill History: 11-10-08 H Filed
HB 20 Leibowitz Relating to exempting textbooks form university and college courses
from the sale tax.
Track Name(s):
Bill History: 11-10-08 H Filed
HB 28 Leibowitz Relating to requiring notice by a seller of real property of potential
annexation of the property by a municipality.
HB 30 Leibowitz Relating to boil water notification requirements for water systems.
Track Name(s):
Bill History: 11-10-08 H Filed
HB 37 Corte Relating to certain municipal development programs involving areas
having characteristics of blight or a slum.
Track Name(s):
1
Bill History: 11-10-08 H Filed
HB 45 Corte Relating to notice requirements for certain municipal zoning actions.
Track Name(s):
Bill History: 11-10-08 H Filed
HB 48 Riddle Relating to the suspension of certain licenses held by employers for
the knowing employment of persons not lawfully present.
Track Name(s):
Bill History: 11-10-08 H Filed
HB 57 Branch Relating to exemptions from the sales tax for personal computers
during a limited period.
Track Name(s):
Bill History: 11-10-08 H Filed
HB 62 Aycock Relating to an exemption from ad valorem taxation of the residence
homesteads of certain totally disabled veterans.
Companions: SB 192 (Identical)
Track Name(s):
Bill History: 11-10-08 H Filed
HB 69 Guillen Relating to residence homestead ad valorem taxes for armed forces
members.
Track Name(s):
Bill History: 11-10-08 H Filed
HB 88 Martinez Relating to the use of revenue from a tax increment fund to acquire, construct or reconstruct educational facilities.
Track Name(s):
Bill History: 11-10-08 H Filed
HB 98 Brown, Fred Relating to a court order to disannex an area from a municipality.
Track Name(s):
Bill History: 11-10-08 H Filed
HB 122 Straus Relating to the use of certain court costs in a criminal case for municipal programs enhancing public safety and security.
2
Track Name(s):
Bill History: 11-10-08 H Filed
HB 125 Brown, Betty Relating to requiring a voter to present proof of identification.
Track Name(s):
Bill History: 11-10-08 H Filed
HB 127 Callegari Relating to the limitation on increases in the appraised value of a
residence homestead for ad valorem taxation.
Companions: SB 299 (Identical)
Track Name(s):
Bill History: 11-10-08 H Filed
HB 150 Smith, Todd Relating to the application of the sales and use tax to the sale of
certain food products sold at school events.
Track Name(s):
Bill History: 11-10-08 H Filed
HB 169 Smith, Todd Relating to the authority of the Department of Public Safety and
certain local law enforcement agencies to establish a checkpoint on
a highway or street.
Track Name(s):
Bill History: 11-10-08 H Filed
HB 205 Aycock Relating to the applicability of certain city requirements affecting the
restraint of certain dogs on annexed or otherwise acquired property
used for agricultural operations.
Track Name(s):
Bill History: 11-12-08 H Filed
HB 209 Bohac Relating to the determination of the appraised value of a residence
homestead for ad valorem taxation.
Companions: SB 276 (Identical)
Track Name(s):
Bill History: 11-12-08 H Filed
HB 210 Aycock Relating to the confidentiality under the public information law of
certain name and address information provided to a governmental
body.
3
Track Name(s):
Bill History: 11-13-08 H Filed
HB 218 Menendez Relating to the regulation of the sale of aerosol paint by counties
and municipalities.
Track Name(s):
Bill History: 11-13-08 H Filed
HB 219 Menendez Relating to an offense of using a wireless communication device
while operating a motor vehicle in a school crossing zone.
Track Name(s):
Bill History: 11-13-08 H Filed
HB 220 Menendez Relating to prohibitions on the use of a wireless communication
device while operating a motor vehicle.
Track Name(s):
Bill History: 11-13-08 H Filed
HB 225 Aycock Relating to an exemption from ad valorem taxation of the portion of
the appraised value of a person's property attributable to the
implementation on the property of water conservation initiatives,
desalination and brush control
Track Name(s):
Bill History: 11-14-08 H Filed
HB 226 Pitts Relating to prohibiting employers from requiring employees to make
certain charitable contributions.
Track Name(s):
Bill History: 11-14-08 H Filed
HB 231 Pitts Relating to local regulation of distance requirements for businesses
selling alcoholic beverages near a public school.
Track Name(s):
Bill History: 11-14-08 H Filed
HB 238 Rodriguez Relating to an exemption from the sales tax for certain renewable
energy devices.
Track Name(s):
Bill History: 11-14-08 H Filed
4
HB 240 Alonzo Relating to the appointment of members to the governing body of a
political subdivision.
Track Name(s):
Bill History: 11-14-08 H Filed
HB 243 Alonzo Relating to equipping each K-9 law enforcement vehicle with a heat alarm system.
Track Name(s):
Bill History: 11-14-08 H Filed
HB 244 Alonzo Relating to regulation of residential tendancies by local
governments.
Track Name(s):
Bill History: 11-14-08 H Filed
SB 22 Zaffirini Relating to exempting books purchased by university and college
students from the sales tax for a limited period.
Track Name(s):
Bill History: 11-10-08 S Filed
SB 130 Ellis Relating to an exemption from the sales tax for certain renewable
energy devices.
Track Name(s):
Bill History: 11-10-08 S Filed
SB 133 Ellis Relating to exemptions from the sales tax for energy efficient
products for a limited period.
Track Name(s):
Bill History: 11-10-08 S Filed
SB 138 Ellis Relating to the designation of certain election days as state holidays.
Track Name(s):
Bill History: 11-10-08 S Filed
SB 144 Ellis Relating to exemptions from the sales tax for certain school supplies
and instructional materials.
Track Name(s):
Bill History: 11-10-08 S Filed
5
SB 178 Gallegos Relating to temporary housing and emergency shelters provided by
a political subdivision for disaster victims.
Track Name(s):
Bill History: 11-10-08 S Filed
SB 190 Shapleigh Relating to a sales and use tax rebate for certain low-income families.
Track Name(s):
Bill History: 11-10-08 S Filed
SB 216 Carona Relating to permissible uses of state highway funds.
Track Name(s):
Bill History: 11-10-08 S Filed
SB 217 Carona Relating to the rate of the state gasoline tax and diesel fuel taxes.
Track Name(s):
Bill History: 11-10-08 S Filed
SB 219 Nichols Relating to prohibiting the use of eminent domain to take private
property for recreational purposes.
Track Name(s):
Bill History: 11-10-08 S Filed
SB 276 Patrick, Dan Relating to the determination of the appraised value of a residence homestead for ad valorem taxation.
Companions: HB 209 (Identical)
Track Name(s):
Bill History: 11-12-08 S Filed
SB 280 Nelson Relating to the exception from required public disclosure of certain personal information of public employees and public officials.
Track Name(s):
Bill History: 11-12-08 S Filed
SB 299 Patrick, Dan Relating to the limitation on increase in the appraised value of a
residence homestead for ad valorem taxation.
Companions: HB 127 (Identical)
6
Track Name(s):
Bill History: 11-14-08 S Filed
7
AGENDA REQUEST FORM
DATE: December 9, 2008
ITEM #: 7
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 9, 2008
8/A
✔
PROCEDURAL
Consider approval of minutes: November 11, 2008
Minutes of the City Council meetings held on November 11, 2008.
Staff recommends approval.
%minutes
Cm111108
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MINUTES OF NOVMEBER 11, 2008
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, November 11, 2008 at 5:45 p.m. in the City Council Chambers
of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following
members were present:
Doug Stover, Mayor
Marvin Franklin, Mayor Pro Tem
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Brianna Hinojosa-Flores, Councilmember
Billy Faught, Councilmember
Karen Hunt, Councilmember
Councilmember Tunnell was absent. 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 Work Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Legislative Update – Dan & Jennifer Shelley.
B. Cemetery Update.
C. Non-Profit Funding.
D. 2030 Budget Impacts.
E. Southwestern Boulevard Construction.
F. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Pastor Jennifer Scott of First United Methodist Church led those
present in the Invocation.
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Page 2 of 10
6. Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
7. Citizens' Appearances.
There was no one signed up to speak under this item.
CONSENT AGENDA
8. Consider approval of the following consent agenda items:
A. Consider approval of minutes: October 28, 2008.
B. Consider approval of an Economic Development
Agreement by and between the City of Coppell and
Coppell Crossing, LP , and authorizing the Mayor to
sign.
C. Consider approval for the procurement of five John
Deere 997 Z-Turn Mowers through Buy Board
Contract Number 292-08 from John Deere for the
amount not to exceed $61,934.95, as budgeted; and
authorizing the City Manager to sign all required
documents relative to the purchase.
D. Consider approval of an Ordinance for Case No. PD-
162R-MF-2, Gunner Subdivision, Lots 1 & 2, Block
A, a zoning change from PD-162-MF-2 (Planned
Development District 162 – Multifamily-2) to PD-
162R-MF-2 (Planned Development District 162-
Revised – Multi-family-2), to allow the conversion of
a portion of the existing leasing office/amenity area
into three residential units, to add garages/storage
areas, and to reconfigure parking spaces on 37.8
acres of property located 1717 and 1721 Belt Line
Road and authorizing the Mayor to sign.
E. Consider approval of an Ordinance for Case No. PD-
235-O, Denton Creek @ Sandy Lake Addition, Lot 2,
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Block A, a zoning change from SF-12 (Single Family-
12) to PD-235-O (Planned Development District 235-
Office), to allow the construction of a two-story,
11,632-square-foot office building on 0.83 acres of
property located on the north side of Sandy Lake
Road, approximately 600 feet west of Starleaf Road
and authorizing the Mayor to sign.
F. Consider approval of an Ordinance for Case No. S-
1248-C, Papa Murphy’s, a zoning change from C
(Commercial) to S-1248-C (Special Use Permit-1248-
Commercial), to allow a 1,226-square-foot grocery
take-out to be located at 612 E. Sandy Lake Road
and authorizing the Mayor to sign.
Action:
Councilmember Peters moved to approve Consent Agenda Items
A, B, C, D carrying Ordinance No. 91500-A-509, E carrying
Ordinance No. 91500-A-510 and F carrying Ordinance No.
91500-A-511. Mayor Pro Tem Franklin seconded the motion; the
motion carried 6-0 with Mayor Pro Tem Franklin and
Councilmembers Brancheau, Peters, Hinojosa-Flores, Faught and
Hunt voting in favor of the motion.
9. PUBLIC HEARING:
Consider approval of Case No. PD-161R2-SF-12, Stratford
Manor, zoning change request from PD-161-SF-12
(Planned Development District-161-Single Family-12) to
PD-161R2-SF-12 (Planned Development District-161
Revision 2-Single Family-12) to allow a concrete block
wall within and a gazebo roof to overhang the 20-foot
buffer area, as specified in Section 2(D) of Ordinance
#91500-A-177, along the rear of Lot 12, Block A, property
known as 709 Stratford Lane.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
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Tony Pack, applicant, addressed the Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one
had signed up to speak on this proposal
Action:
Councilmember Faught moved to close the Public Hearing and
approve Case No. PD-161R2-SF-12, Stratford Manor, zoning
change request from PD-161-SF-12 (Planned Development District-
161-Single Family-12) to PD-161R2-SF-12 (Planned Development
District-161 Revision 2-Single Family-12) to allow a concrete block
wall within and a gazebo roof to overhang the 20-foot buffer area,
as specified in Section 2(D) of Ordinance #91500-A-177, along the
rear of Lot 12, Block A, property known as 709 Stratford Lane,
subject to the following conditions:
1) Amend the PD to allow this CMU screening fence on this lot.
2) Owner will procure a building permit for the fence, and
arbor.
3) It is established the arbor is not infringing on the 20-foot
rear setback.
Councilmember Brancheau seconded the motion; the motion
carried 6-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Faught and Hunt voting in
favor of the motion.
10. PUBLIC HEARING:
Consider approval of Case No. PD-236-SF-12, Bethel Road
Manor, a zoning change request from C (Commercial) and
SF-12 (Single Family-12) to PD-236-SF-12 (Planned
Development-236-Single Family-12) to allow the
construction of a single-family home with an eight-foot
side yard on property located on the north side of Bethel
Road, known as 234 W. Bethel Road.
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Page 5 of 10
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one
had signed up to speak on this proposal
Action:
Mayor Pro Tem Franklin moved to close the Public Hearing and
approve Case No. PD-236-SF-12, Bethel Road Manor, a zoning
change request from C (Commercial) and SF-12 (Single Family-12)
to PD-236-SF-12 (Planned Development-236-Single Family-12) to
allow the construction of a single-family home with an eight-foot
side yard on property located on the north side of Bethel Road,
known as 234 W. Bethel Road, subject to the following conditions:
1) Approve the elimination of the alley requirement.
2) Residence will be required to be equipped with an automatic
fire sprinkler system based on square footage of structure
and distance from a public street.
Councilmember Peters seconded the motion; the motion carried
6-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Faught and Hunt voting in
favor of the motion.
11. Consider approval of the Bethel Road Manor, Lot 1, Block
A, Minor Plat, to establish a building site and setback
lines to allow the construction of a single-family home on
2.78 acres of property located on the north side of Bethel
Road, known as 234 W. Bethel Road.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
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Page 6 of 10
Action:
Councilmember Peters moved to approve the Bethel Road Manor,
Lot 1, Block A, Minor Plat, to establish a building site and setback
lines to allow the construction of a single-family home on 2.78
acres of property located on the north side of Bethel Road, known
as 234 W. Bethel Road, subject to the following conditions:
1) Contact Larry Redick at (972) 323-8917 to discuss electric
service requirements.
2) A tree removal permit will be required prior to start of
construction.
3) The City of Coppell will have no responsibility for
maintenance for the floodway or floodplain areas as shown.
The maintenance for these areas shall be the sole
responsibility of the individual lot owners adjacent to said
areas. These areas to remain free of improvements that may
obstruct the flow of storm water and protected from potential
erosion by the owners. No fences will be allowed in the
floodplain along with any other structures as per the City's
floodplain ordinance.
Councilmember Hunt seconded the motion; the motion carried
6-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Faught and Hunt voting in
favor of the motion.
12. Consider approval of the Magnolia Fisheries, Site Plan
Amendment, to allow the construction of two storage
structures totaling 5,975 square feet to the rear (east) of
the existing 3,750-square-foot building on the additional
0.65 acres of property being incorporated into this tract
for a total of 1.424 acres of property located at 217 N.
Coppell Road.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Jonathan Hake, representing the applicant, addressed the Council.
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Page 7 of 10
Action:
Councilmember Hinojosa-Flores moved to approve the Magnolia
Fisheries, Site Plan Amendment, to allow the construction of two
storage structures totaling 5,975 square feet to the rear (east) of
the existing 3,750-square-foot building on the additional 0.65
acres of property being incorporated into this tract for a total of
1.424 acres of property located at 217 N. Coppell Road.
Councilmember Faught seconded the motion; the motion carried
6-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Faught and Hunt voting in
favor of the motion.
13. PUBLIC HEARING:
Consider approval of the Old Coppell Estates Addition,
Lots 3R, 4R & 5R, Block 1, Replat, being a replat of Lots
3, 4 and 5, Block 1, to allow the incorporation of 4,490
square feet of property in the Vaughan Addition into
three residential lots located at 357, 361, and 365
Hearthstone Lane.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one
had signed up to speak on this proposal.
Action:
Councilmember Brancheau moved to close the Public Hearing and
approve the Old Coppell Estates Addition, Lots 3R, 4R & 5R, Block
1, Replat, being a replat of Lots 3, 4 and 5, Block 1, to allow the
incorporation of 4,490 square feet of property in the Vaughan
Addition into three residential lots located at 357, 361, and 365
Hearthstone Lane, subject to the following conditions:
1) The Replat of Lot 1R, Block 1, Vaughan Addition is
approved.
Cm111108
Page 8 of 10
Mayor Pro Tem Franklin seconded the motion; the motion carried
6-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Faught and Hunt voting in
favor of the motion.
14. Consider approval of awarding bid to Concord Commercial
Services in the amount of $187,926.00 for the trail
amenities/park signage; and authorizing the City
Manager and Coppell Recreation Development
Corporation Development President to sign.
Presentation:
Brad Reid, Director of Parks and Recreation, made a presentation
to the Council.
Action:
Councilmember Faught moved to approve the awarding bid to
Concord Commercial Services in the amount of $187,926.00 for
the trail amenities/park signage; and authorizing the City Manager
and Coppell Recreation Development Corporation Development
President to sign. Councilmember Hunt seconded the motion; the
motion carried 6-0 with Mayor Pro Tem Franklin and
Councilmembers Brancheau, Peters, Hinojosa-Flores, Faught and
Hunt voting in favor of the motion.
15. Mayor and Council Reports.
A. Report by Mayor Stover regarding the Metroplex
Mayors’ Meeting.
A. Mayor Stover reported on the Metroplex Mayor’s Meeting,
where the discussion centered on recycling. The city of Plano
has a recycling center for household chemicals and paints.
The center sorts the paint by colors and offers it free to
citizens or churches.
At this time, Mayor Stover reconvened into Work Session.
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Page 9 of 10
WORK SESSION (Open to the Public)
16. Convene Work Session
A. Legislative Update – Dan & Jennifer Shelley.
B. Cemetery Update.
C. Non-Profit Funding.
D. 2030 Budget Impacts.
E. Southwestern Boulevard Construction.
F. Discussion of Agenda Items.
Mayor Stover adjourned the Work Session and opened the
Executive Session.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code -
Consultation with City Attorney.
1. Northlake Settlement Agreement between
Crow-Billingsley, et al and City of Coppell.
B. Section 551.072, Texas Government Code -
Deliberation regarding Real Property.
1. Sale and acquisition of real property south of
Bethel Road and west of Denton Tap.
Mayor Stover convened into Executive Session at 8:46 p.m. as
allowed under the above-stated article. Mayor Stover adjourned
the Executive Session at 9:05 p.m. and opened the Regular
Session.
REGULAR SESSION (Open to the Public)
16. Necessary action resulting from Work Session.
There was no action necessary under this item.
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Page 10 of 10
17. Necessary action resulting from Executive Session.
There was no action necessary under this item.
There being no further business to come before the City Council, the
meeting was adjourned.
____________________________________
Douglas N. Stover, Mayor
ATTEST:
____________________________________
Libby Ball, City Secretary
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 9, 2008
8/B
✔
RESOLUTION
Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and KTR
Coppell, LLC, and authorizing the Mayor to sign.
City Council held a Public Hearing regarding the designation of reinvestment zone number 59 on December 11, 2007.
The Coppell Economic Development Committee unanimously recommended approval of this abatement agreement
request on September 5, 2007.
Approve the Tax Abatement Agreement between the City of Coppell
and KTR COPPELL LLC and authorize the Mayor to sign it.
!KTR Coppell Res 2008- 1 AR
1
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 KTR COPPELL LLC;
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 KTR Coppell LLC, a Texas limited liability company,
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 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
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 ________________, 2008.
CITY OF COPPELL, TEXAS
___________________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
___________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
____________________________________
CITY ATTORNEY
(PGS/tc 11/25/08)
KTR Coppell LLC//Tax Abatement Agreement –Page 1 21239
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 KTR Coppell LLC, a Texas limited liability company
(“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. 59 (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 approximately 79.5 acres of land described in Exhibit “A”
(“Land”) and intends to construct three (3) office/warehouse buildings containing in the aggregate
approximately 413,250 square feet of space hereinafter collectively defined as (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
KTR Coppell LLC//Tax Abatement Agreement –Page 2 21239
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 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 (2008).
“Building A” shall mean an office/warehouse building located on the Land containing
approximately 140,000 square feet of space and other ancillary facilities, such as reasonably
required parking and landscaping more fully described in the submittals filed by Owner with the
City, from time to time, in order to obtain a building permit.
“Building B” shall mean an office/warehouse building located on the Land containing
approximately 143,000 square feet of space and other ancillary facilities, such as reasonably
required parking and landscaping more fully described in the submittals filed by Owner with the
City, from time to time, in order to obtain a building permit.
“Building C” shall mean an office/warehouse building located on the Land containing
approximately 130,000 square feet of space and other ancillary facilities, such as reasonably
required parking and landscaping more fully described in the submittals filed by Owner with the
City, from time to time, in order to obtain a building permit.
“Commencement of Construction” shall mean that” (i) the plans have been prepared and
a building permit has been obtained from the City for construction of any one of Buildings A, B,
or C; (ii) all necessary permits for the Commencement of Construction with respect to the
Building for which a building permit has been obtained has been issued by all applicable
KTR Coppell LLC//Tax Abatement Agreement –Page 3 21239
governmental authorities; and (iii) clearing and/or grading of the Land or the construction of the
vertical elements of such Building has commenced.
“Completion of Construction” shall mean: (i) substantial completion of the Building A, B
or C, as the case may be; and (ii) a final certificate of occupancy has been issued for Building A,
B or C, as the case may be.
“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 certificate of occupancy for Building A, B, or C, as the case
may be.
“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 collectively, Buildings A, B, and C.
“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.
KTR Coppell LLC//Tax Abatement Agreement –Page 4 21239
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 reasonably 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 portion of the Improvements with respect to which Completion of
Construction has occurred, excluding the Land, is at least 5.5 Million Dollars ($5,500,000.00) 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 each Building for a period of five (5) consecutive years beginning with the
First Year of Abatement. The actual percentage of Taxable Value of the respective Building
comprising 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 Building comprising the Improvements that
exceeds the Base Year Taxable Value.
3.3 The period of tax abatement herein authorized with respect to each of Buildings A,
B, or C, as applicable, shall be for a period of five (5) consecutive years, commencing with the First
Year of Abatement following Completion of Construction with respect to each of Buildings A, B, or
C, as applicable. By way of example only, in the event Completion of Construction with respect to
Building A occurs during calendar year 2009 and Completion of Construction with respect to
Buildings B, and C occurs during calendar year 2010, the First Year of Abatement with respect to
Building A shall be the calendar year 2010 and continue for five (5) years thereafter, and the First
Year of Abatement with respect to Buildings B, and C and shall be the calendar year 2011 and
continue for five (5) years thereafter
KTR Coppell LLC//Tax Abatement Agreement –Page 5 21239
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 City hereby grants Owner a waiver of fifty percent (50%) of the Roadway
Impact and Building Permit fees up to Two Hundred Thousand Dollars ($200,000.00) upon
Completion of Construction of the approved exterior façade improvements to the existing
Minyard’s food store.
Article IV
Improvements
4.1 Owner owns, the Land and intends to construct or caused to be constructed thereon
the Improvements; provided, however, Owner shall have no obligation to construct the
Improvements on the Land but the construction of Building A, B, and C 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 all or a portion of any or all of Buildings A, B, or C ) to occur on or before
December 31, 2009, and to cause Completion of Construction of the Improvements to occur within
sixty (60) 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 (in a manner consistent with any permitted use under the Light
Industrial zoning classification for a period of five (5) years commencing on the respective
date(s) the certificate(s) of occupancy for the Building A, B, or C, as applicable.
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 prior
written notice to Owner (which shall not be less than forty-eight (48) hours prior notice), 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).
KTR Coppell LLC//Tax Abatement Agreement –Page 6 21239
Article V
Default: Recapture of Tax Revenue
5.1 In the event Owner: (i) fails to cause Commencement or 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 in Section 5.2
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 written 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 written demand.
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.
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 thirty (30) days after a notice of termination is made. The City shall have all
remedies for the collection of the abated tax provided generally in the Tax Code for the collection of
delinquent property tax. The City at its sole discretion has the option to provide a repayment
schedule. The computation of the abated tax for the purposes of the Agreement shall be based upon
the full Taxable Value of the Improvements, without tax abatement for the years in which tax
abatement hereunder was received by the Owner, as determined by the Appraisal District,
multiplied by the tax rate of the years in question, as calculated by the City Tax Assessor-Collector.
The liquidated damages shall incur penalties as provided for delinquent taxes and shall commence
to accrue after expiration of the thirty (30) day payment period.
KTR Coppell LLC//Tax Abatement Agreement –Page 7 21239
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: Frank Ryan, Sr. V. P.
KTR Coppell LLC
300 Barr Harbor Drive, Suite 150
Conshohocken, Pennsylvania 19428
With a copy to:
Christopher Boehler
Andrews Kurth LLP
600 Travis Suite 4200
Houston, Texas 77002
If intended for City, to:
Attn: City Manager
City of Coppell, Texas
P. O. Box 478
Coppell, Texas 75019
KTR Coppell LLC//Tax Abatement Agreement –Page 8 21239
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.
KTR Coppell LLC//Tax Abatement Agreement –Page 9 21239
EXECUTED in duplicate originals the ____ day of _______________, 2008.
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 _______________, 2008.
KTR Coppell, LLC
By:_______________________________________
Name: Frank Ryan
Title: Senior Vice President
KTR Coppell LLC//Tax Abatement Agreement –Page 10 21239
City’s Acknowledgment
State of Texas §
§
County of Dallas §
This instrument was acknowledged Before Me on the ____ day of _______________,
2008, 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 Dallas §
This instrument was acknowledged Before Me on the ____ day of ________________,
2008, by Frank Ryan, Senior Vice President of KTR Coppell, LLC, on behalf of said limited
liability company.
Notary Public, State of Texas
My Commission Expires:
KTR Coppell LLC//Tax Abatement Agreement –Page 11 21239
Exhibit “A”
Legal Description of Land
To Be Attached
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 9, 2008
8/C
✔
RESOLUTION
Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and KTR
Coppell, LLC, and authorizing the Mayor to sign.
City Council held a Public Hearing regarding the designation of reinvestment zone number 59 on December 11, 2007.
This tax abatement agreement is for the real property improvements made to the existing warehouse building located
at 777 Freeport Parkway. The Coppell Economic Development Committee unanimously recommended approval of
this abatement agreement request on June 4, 2008.
Approve the Tax Abatement Agreement between the City of Coppell
and KTR Coppell LLC and authorize the Mayor to sign it.
!KTR Lot 1R Res - 1 AR
1
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 KTR COPPELL LLC;
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 KTR Coppell LLC, a Texas limited liability company,
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 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
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 ________________, 2008.
CITY OF COPPELL, TEXAS
___________________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
___________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
____________________________________
CITY ATTORNEY
(PGS/tc 11/25/08)
Coppell//KTR Coppell LLC//Renovation for Cargill Tax Abatement Agreement –Page 1
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 KTR Coppell LLC, a Texas limited liability company
(“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. 59 (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, the Owner is the owner the land described in Exhibit “A” (the “Land”) and the
existing improvements thereon located at 777 Freeport Crossing Coppell, Texas and intends to lease
the same to Cargill, Inc., a Texas corporation (hereinafter defined as the “Lessee”) following
certain improvements and renovations to the existing improvements; and
WHEREAS, the Owner intends to make certain renovations of the existing improvements
on the Land for the benefit of the Lessee consisting of a conversion of the existing improvements
from a dry goods warehouse to a food-grade storage and production facility containing in the
aggregate approximately 100,000 square feet of space (hereinafter defined as the “Improvements”);
and
WHEREAS, Lessee intends to lease the Improvements for a period of twenty (20) years
(hereinafter defined as the “Lease”) and locate and maintain Tangible Personal Property (hereinafter
defined) at the Improvements; and
Coppell//KTR Coppell LLC//Renovation for Cargill Tax Abatement Agreement –Page 2
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
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 (2008).
“Commencement of Construction” shall mean that” (i) the plans have been prepared and
a building permit has been obtained from the City for construction of the Improvements; (ii) all
necessary permits for the Commencement of Construction of the Improvements have been issued
by all applicable governmental authorities; and (iii) clearing and/or 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 occupancy of the
Improvements by the Lessee.
Coppell//KTR Coppell LLC//Renovation for Cargill Tax Abatement Agreement –Page 3
“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 the first final certificate of occupancy is issued for the occupancy of the
Improvements by the Lessee.
“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 renovations of the existing improvements on the Land
consisting of a conversion of the existing improvements from a dry goods warehouse to a food-
grade storage and production facility containing in the aggregate approximately 100,000 square feet
of space and other ancillary facilities such as reasonably required parking and landscaping more
fully described in the submittals filed by Owner with the City, from time to time, in order to obtain a
building permit(s).
“Land” means the real property described in Exhibit “A”.
“Lease” shall mean the lease of the Improvements following Completion of Construction
thereof by and between the Owner and Lessee for a period of not less than twenty (20) years
commencing on the Lease Inception Date.
“Lessee” shall mean Cargill, Inc., a Texas corporation.
“Lease Inception Date” shall mean the date the term of the Lease commences but not later
than the date the first final certificate of occupancy is issued for the occupancy of the Improvements
for the occupancy of the Improvements by the Lessee.
“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.
Coppell//KTR Coppell LLC//Renovation for Cargill Tax Abatement Agreement –Page 4
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 Lessee or other tenants of the Premises, the
benefit of the tax abatement of the Improvements granted herein. Owner shall, upon written
request, provide the City, with reasonably 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 Taxable
Value for the Improvements excluding the Land, is at least 5.5 Million Dollars 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 Improvements 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 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 with respect to the Improvements
shall be for a period of five (5) consecutive years, commencing with the First Year of Abatement.
Coppell//KTR Coppell LLC//Renovation for Cargill Tax Abatement Agreement –Page 5
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; provided, however, Owner shall have no obligation to construct the
Improvements on the Land but the construction of the Improvements 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 December 31, 2009, 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). As a further condition precedent to the initiation of the tax abatement
pursuant to this Agreement, Owner agrees, to enter into the Lease on or before December 31, 2009.
Owner agrees and covenants to continuously lease the Improvements to the Lessee for a period of at
least twenty (20) years commencing on the Lease Inception Date.
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 in a manner consistent with any permitted use under the Light
Industrial zoning classification for a period of five (5) years commencing on the date the first
final certificate of occupancy is issued for the occupancy of the Improvements by the Lessee.
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 prior
written notice to Owner and Lessee (which shall not be less than forty-eight (48) hours prior notice),
and in accordance with visitor access and security policies of the Owner and Lessee, 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).
Coppell//KTR Coppell LLC//Renovation for Cargill Tax Abatement Agreement –Page 6
Article V
Default: Recapture of Tax Revenue
5.1 In the event Owner: (i) fails to cause Commencement or 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 in Section 5.2
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 written 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 written demand.
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.
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 thirty (30) days after a notice of termination is made. The City shall have all
remedies for the collection of the abated tax provided generally in the Tax Code for the collection of
delinquent property tax. The City at its sole discretion has the option to provide a repayment
schedule. The computation of the abated tax for the purposes of the Agreement shall be based upon
the full Taxable Value of the Improvements, without tax abatement for the years in which tax
abatement hereunder was received by the Owner, as determined by the Appraisal District,
multiplied by the tax rate of the years in question, as calculated by the City Tax Assessor-Collector.
The liquidated damages shall incur penalties as provided for delinquent taxes and shall commence
to accrue after expiration of the thirty (30) day payment period.
Coppell//KTR Coppell LLC//Renovation for Cargill Tax Abatement Agreement –Page 7
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: Frank Ryan, Sr. V. P.
KTR Coppell LLC
300 Barr Harbor Drive, Suite 150
Conshohocken, Pennsylvania 19428
With a copy to:
Christopher Boehler
Andrews Kurth LLP
600 Travis Suite 4200
Houston, Texas 77002
If intended for City, to:
Attn: City Manager
City of Coppell, Texas
P. O. Box 478
Coppell, Texas 75019
Coppell//KTR Coppell LLC//Renovation for Cargill Tax Abatement Agreement –Page 8
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.
Coppell//KTR Coppell LLC//Renovation for Cargill Tax Abatement Agreement –Page 9
8.11 Conditions Precedent. This Agreement is condition on and subject to the
following: (i) the Owner providing a fully executed copy of the Lease to the City; and (ii) the
Owner and Lessee entering into the Lease on or before December 31, 2009.
Signature Page to Follow
Coppell//KTR Coppell LLC//Renovation for Cargill Tax Abatement Agreement –Page 10
EXECUTED in duplicate originals the ____ day of _______________, 2008.
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 _______________, 2008.
KTR Coppell, LLC
By:_______________________________________
Name: Frank Ryan
Title: Senior Vice President
Coppell//KTR Coppell LLC//Renovation for Cargill Tax Abatement Agreement –Page 11
City’s Acknowledgment
State of Texas §
§
County of Dallas §
This instrument was acknowledged Before Me on the ____ day of _______________,
2008, 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 Dallas §
This instrument was acknowledged Before Me on the ____ day of ________________,
2008, by Frank Ryan, Senior Vice President of KTR Coppell, LLC, on behalf of said limited
liability company.
Notary Public, State of Texas
My Commission Expires:
Coppell//KTR Coppell LLC//Renovation for Cargill Tax Abatement Agreement –Page 12
Exhibit “A”
Legal Description of Land
To Be Attached
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 9, 2008
8/D
✔
RESOLUTION
Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Cargill,
Inc., and authorizing the Mayor to sign.
City Council held a Public Hearing regarding the designation of reinvestment zone number 59 on December 11, 2007.
The Coppell Economic Development Committee unanimously recommended approval of this abatement agreement
request on June 4, 2008.
Approve the Tax Abatement Agreement between the City of Coppell
and Cargill, Inc. and authorize the Mayor to sign it.
!Cargill Res- 1 AR
1 33014
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 CARGILL, INC.; AUTHORIZING
ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by
and between the City of Coppell, Texas and Cargill, Inc., a Texas 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 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.
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
2 33014
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 ________________, 2008.
CITY OF COPPELL, TEXAS
___________________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
___________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
____________________________________
CITY ATTORNEY
(PGS/tc 11/25/08)
Draft 11/25/08
Coppell/Cargill Inc.Tax Abatement Agreement –Page 1 33012
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, Cargill, Inc., a Texas Corporation (the “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. 59 (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, KTR Coppell LLC (the “Owner”) is the owner the land described in Exhibit
“A” (the “Land”) and the existing improvements thereon located at 777 Freeport Crossing Coppell,
Texas and intends to lease the same to Lessee following certain renovations of the existing
improvements on the Land; and
WHEREAS, the Owner intends to make certain renovations of the existing improvements
on the Land for the benefit of the Lessee consisting of a conversion of the existing improvements
from a dry goods warehouse to a food-grade storage and production facility containing in the
aggregate approximately 100,000 square feet of space (hereinafter defined as the “Improvements”);
and
WHEREAS, Lessee intends to lease the Improvements for a period of twenty (20) years
(hereinafter defined as the “Lease”) and locate and maintain Tangible Personal Property (hereinafter
defined) at the Improvements; and
Draft 11/25/08
Coppell/Cargill Inc.Tax Abatement Agreement –Page 2 33012
WHEREAS, the development efforts of the Lessee described herein will create permanent
new jobs in the City; and
WHEREAS, the City Council finds that the contemplated use of the Premises and the
contemplated Improvements, 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 Property 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
Property is located; and
WHEREAS, the City desires to enter into an agreement with the Lessee for the abatement
of taxes pursuant to Chapter 312 of the Tax Code as amended;
NOW, THEREFORE, in consideration of the mutual benefits and promises contained
herein and for good and other valuable consideration, the adequacy and receipt of which is hereby
acknowledged, including the expansion of primary employment, the attraction of major investment
in the Zone, which contributes to the economic development of the City 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:
“Completion of Construction” shall mean that (i) the construction of the renovation of the
Improvements has been substantially completed; and (ii) the first final certificate of occupancy
for Improvements has been issued by the City for the occupancy of the Improvements 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
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.
Draft 11/25/08
Coppell/Cargill Inc.Tax Abatement Agreement –Page 3 33012
“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 Buildings.
“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.
“Freeport Goods” shall have the same meaning as assigned by Section 11.251 of the Tax
Code and Article VIII, Section 1-j of the Texas Constitution and located on the Property. Freeport
Goods does not include “Goods in Transit” as defined by Tax Code, Section 11.253.
“Goods in Transit” shall have the same meaning assigned by Tax Code, Section 11.253.
“Improvements” shall collectively mean the Buildings 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”.
“Lease” shall mean the lease of the Improvements following Completion of Construction
thereof by and between the Owner and Lessee for a period of not less than twenty (20) years
commencing on the Lease Inception Date.
“Lessee” shall mean Cargill, Inc., a Texas corporation.
“Lease Inception Date” shall mean the date the term of the Lease commences but not later
than the date the first final certificate of occupancy is issued for the occupancy of the Improvements
for the occupancy of the Improvements by the Lessee.
“Owner” shall mean KTR Coppell LLC.
“Premises” shall mean collectively, the Land and Improvements following construction of
the renovation thereof, but excluding the Tangible Personal Property.
“Tangible Personal Property” shall mean tangible personal property, equipment and
fixtures, including supplies and inventory (but excluding Freeport Goods and Goods in Transit)
owned or leased by Lessee that is added to 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.
Draft 11/25/08
Coppell/Cargill Inc.Tax Abatement Agreement –Page 4 33012
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. The Owner intends to construct the Improvements. Lessee has or intends to
enter into the Lease of the Improvements following Completion of Construction thereof. The Lessee
intends to locate and maintain 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 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 Taxable
Value for the Tangible Personal Property, is at least $5.5 Million Dollars 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. The actual percentage of
Taxable Value of the Tangible Personal Property subject to abatement for each year this Agreement
is in effect will apply only to the Tangible Personal Property that is added to the Improvements
subsequent to the execution of this Agreement.
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, 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.
Draft 11/25/08
Coppell/Cargill Inc.Tax Abatement Agreement –Page 5 33012
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. The Lessee intends to enter into the Lease. Nothing in this Agreement obligates the
Lessee to enter into the Lease, 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 Lessee’s tax abatement pursuant to
this Agreement, Lessee agrees, to enter into the Lease on or before December 31, 2009. Lessee
agrees and covenants to continuously lease (or own) and occupy the Improvements for a period of at
least twenty (20) years commencing on the Lease Inception Date.
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,
during the term of this Agreement, that the Improvements shall be used only as food production
facility for a period of five (5) years commencing on the Lease Inception Date.
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 Owner’s and Lessee’s visitor access and security policies, in order
to insure that the construction and use 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 Lessee: (i) fails to occupy 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 Tangible Personal Property, 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 Premises, and shall become due, owing and shall be paid to the City
within thirty (30) days after termination.
Draft 11/25/08
Coppell/Cargill Inc.Tax Abatement Agreement –Page 6 33012
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
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.
Article VII
Annual Rendition
The Lessee shall annually render the value of the Tangible Personal Property 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 Lessee, to:
Attn: Dean Jacobs
Draft 11/25/08
Coppell/Cargill Inc.Tax Abatement Agreement –Page 7 33012
Cargill, Inc.
P.O. Box 5626
Minneapolis, MN 55440-5626
If intended for City, to:
Attn: City Manager
City of Coppell, Texas
P. O. Box 478
Coppell, Texas 75019
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. 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 Lessee, in the Real Property Records of Dallas County, Texas.
Draft 11/25/08
Coppell/Cargill Inc.Tax Abatement Agreement –Page 8 33012
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.
8.11 Conditions Precedent. This Agreement is condition on and subject to the
following: (i) the Lessee providing a fully executed copy of the Lease to the City; and (ii) the
Lessee entering the Lease on or before December 31, 2009.
Signature page to Follow
Draft 11/25/08
Coppell/Cargill Inc.Tax Abatement Agreement –Page 9 33012
EXECUTED in duplicate originals the ____ day of _______________, 2008.
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 _______________, 2008.
Cargill, Inc.
By:_______________________________________
Name: ____________________________________
Title: ____________________________________
Draft 11/25/08
Coppell/Cargill Inc.Tax Abatement Agreement –Page 10 33012
City’s Acknowledgment
State of Texas §
§
County of Dallas §
This instrument was acknowledged Before Me on the ____ day of _______________,
2008, By Douglas N. Stover, the 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 ________________,
2008, by ____________________ the ________________ of Cargill, Inc., a Texas corporation,
on behalf of said corporation.
Notary Public, State of __________
My Commission Expires:
Draft 11/25/08
Coppell/Cargill Inc.Tax Abatement Agreement –Page 11 33012
Exhibit “A”
Legal Description of Land
To Be Attached
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
December 9, 2008
8/E
✔
CONTRACT/BID or PROPOSAL
Consider approval of a grant agreement between the City of Coppell, the Coppell Education Development
Corporation, and the Lewisville Independent School District in the amount of $8,871.00 for technology at Durham
Middle School, and authorizing the City Manager to sign.
Funds are available from the CEDC sales tax fund balance for this grant.
Staff recommends approval.
!Durham
STATE OF TEXAS § COPPELL EDUCATION DEVELOPMENT CORPORATION
§
COUNTY OF DALLAS § GRANT AGREEMENT
This Educational Development Grant Agreement (“Agreement”) is made by and between
the city of Coppell, Texas (“CITY”), Coppell Education Development Corporation (“CEDC”)
and the Lewisville Independent School District (the “LISD”), acting by and through their
respective authorized officers.
W I T N E S S E T H :
WHEREAS, the CITY is authorized by TEX. LOC. GOV’T CODE § 379A to provide
educational development grants to publicly funded institutions through the CEDC for the
promotion of literacy, foreign language and career technology for a skilled workforce; and
WHEREAS, the CITY seeks to support programs for promoting literacy, foreign
language and career technology for a skilled workforce; and
WHEREAS, the LISD has submitted a grant application No. 2009-T02 to provide
funding for technology at Durham Middle School (the PROJECT); and
WHEREAS, the LISD has developed the PROJECT in order to purchase interactive
software modules for Durham Middle School in the amount of Eight Thousand Eight Hundred
Seventy-one Dollars and no cents ($8,871.00); and
WHEREAS, LISD is in need of funding for the technology and the assistance of the
CEDC; and
WHEREAS, the CITY has determined that making an education development grant to
the LISD in accordance with this Agreement will further the objectives of the CITY, will benefit
the CITY and the CITY’s inhabitants and will promote literacy in the CITY;
NOW THEREFORE, in consideration of the foregoing, and other valuable
consideration the receipt and sufficiency of which are hereby acknowledged on the terms and
conditions hereinafter set forth, the parties agree as follows:
GENERAL PROVISIONS
1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to
provide the LISD an education development grant (the “GRANT”) in an amount not to exceed
Eight Thousand Eight Hundred Seventy-one Dollars and no cents ($8,871.00).
2. LISD agrees to utilize the GRANT to fund technology for Durham Middle School within
the LISD.
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 1
3. CITY agrees to provide the GRANT of Eight Thousand Eight Hundred Seventy-one
Dollars and no cents ($8,871.00) funds payable in February 2009. Funds to be expended in
accordance with the budget categories set forth in the GRANT application.
4. No later than May 15, 2009 the LISD shall submit the receipts for purchases for this
GRANT to the CEDC. The detailed expenditures shall include, but not be limited to, copies of
invoices.
5. In the event the LISD breaches any of the terms of this AGREEMENT or fails to use the
GRANT for the purposes set forth herein, then the LISD, after expiration of the notice and cure
period described herein, shall be in default of this AGREEMENT. As liquidated damages in the
event of such default, the LISD shall, within thirty (30) days after demand, repay to the CITY,
the GRANT with interest at the rate of eight percent (8%) per annum from the date of receipt of
the GRANT until paid. The parties acknowledge that actual damages in the event of default
would be speculative and difficult to determine. Upon breach by LISD of any obligations under
this AGREEMENT, the CITY shall notify the LISD in writing, who shall have thirty (30) days
from receipt of the notice in which to cure such default. If LISD fails to cure the default within
the time provided herein, or, as such time period may be extended, then the CITY at its sole
option, shall have the right to terminate this AGREEMENT without further notice to the LISD.
6. The terms and conditions of this AGREEMENT are binding upon the successors and
assigns of all parties hereto. This AGREEMENT may not be assigned without the express
written consent of CITY and CEDC.
7. It is understood and agreed between the parties that LISD, in the use of the GRANT and
in satisfying the conditions of this AGREEMENT, is acting independently, and that the CITY
and/or the CEDC assumes no responsibilities or liabilities to third parties in connection with
these actions. LISD agrees to indemnify and hold harmless the CITY and the CEDC from all
such claims, suits, and causes of action, liabilities and expenses, including reasonable attorney’s
fees, of any nature whatsoever arising out of the LISD’S performance of the conditions under
this AGREEMENT.
8. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage pre-paid, certified mail, return receipt requested,
addressed to the party at the address set forth opposite the signature of the party.
9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for
any action concerning this AGREEMENT shall be in the State District Court of Dallas County,
Texas.
10. In the event any one or more of the provisions contained in this AGREEMENT shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not effect the other provisions, and the AGREEMENT shall
be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 2
EXECUTED this _______ day of _____________________, 200__.
CITY OF COPPELL, TEXAS
By: ______________________________________
___________________, CITY MANAGER
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
EXECUTED this _______ day of _____________________, 200__.
COPPELL EDUCATION DEVELOPMENT CORPORATION
By: ______________________________________
ANTONIO ALTEMUS, PRESIDENT
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
EXECUTED this ______ day of ________________, 200__.
LEWISVILLE INDEPENDENT SCHOOL DISTRICT
By: ______________________________________
DR. JERRY ROY, SUPERINTENDENT
Lewisville Independent School District
1800 Timbercreek Road
Lewisville, Texas 75067
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 3
ATTEST:
By: ______________________________________
CITY OF COPPELL
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of _______________,
200__, by _________________, City Manager of the City of Coppell, Texas, a Texas municipality,
on behalf of said municipality.
___________________________________
Notary Public, State of Texas
My Commission Expires:
_________________________
COPPELL EDUCATION DEVELOPMENT CORPORATION
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
200__, by Antonio Altemus, President of Coppell Education Development Corporation, on
behalf of said corporation.
Notary Public, State of Texas
My Commission expires:
________________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 4
LEWISVILLE INDEPENDENT SCHOOL DISTRICT
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the _______ day of ___________,
200__, by Dr. Jerry Roy, Superintendent of Lewisville Independent School District, on behalf of
said district.
Notary Public, State of Texas
My Commission expires:
_______________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 5
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
December 9, 2008
8/F
✔
CONTRACT/BID or PROPOSAL
Consider approval of a grant agreement between the City of Coppell, the Coppell Education Development
Corporation, and the Lewisville Independent School District in the amount of $9,754.00 for test preparation software,
and authorizing the City Manager to sign.
Funds are available from the CEDC sales tax fund balance for this grant.
Staff recommends approval.
!LISD
STATE OF TEXAS § COPPELL EDUCATION DEVELOPMENT CORPORATION
§
COUNTY OF DALLAS § GRANT AGREEMENT
This Educational Development Grant Agreement (“Agreement”) is made by and between
the city of Coppell, Texas (“CITY”), Coppell Education Development Corporation (“CEDC”)
and the Lewisville Independent School District (the “LISD”), acting by and through their
respective authorized officers.
W I T N E S S E T H :
WHEREAS, the CITY is authorized by TEX. LOC. GOV’T CODE § 379A to provide
educational development grants to publicly funded institutions through the CEDC for the
promotion of literacy, foreign language and career technology for a skilled workforce; and
WHEREAS, the CITY seeks to support programs for promoting literacy, foreign
language and career technology for a skilled workforce; and
WHEREAS, the LISD has submitted a grant application No. 2009-T01 to provide
funding for technology at Lewisville High School (the PROJECT); and
WHEREAS, the LISD has developed the PROJECT in order to purchase licenses for
test preparation software for Lewisville High School in the amount of Nine Thousand Seven
Hundred Fifty-four Dollars and no cents ($9,754.00); and
WHEREAS, LISD is in need of funding for the technology and the assistance of the
CEDC; and
WHEREAS, the CITY has determined that making an education development grant to
the LISD in accordance with this Agreement will further the objectives of the CITY, will benefit
the CITY and the CITY’s inhabitants and will promote literacy in the CITY;
NOW THEREFORE, in consideration of the foregoing, and other valuable
consideration the receipt and sufficiency of which are hereby acknowledged on the terms and
conditions hereinafter set forth, the parties agree as follows:
GENERAL PROVISIONS
1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to
provide the LISD an education development grant (the “GRANT”) in an amount not to exceed
Nine Thousand Seven Hundred Fifty-Four Dollars and no cents ($9,754.00).
2. LISD agrees to utilize the GRANT to fund the purchase of licenses for test preparation
woftware for Lewisville High School within the LISD.
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 1
3. CITY agrees to provide the GRANT of Nine Thousand Seven Hundred Fifty-four
Dollars and no cents ($9,754.00) funds payable in February 2009. Funds to be expended in
accordance with the budget categories set forth in the GRANT application.
4. No later than May 15, 2009 the LISD shall submit the receipts for purchases for this
GRANT to the CEDC. The detailed expenditures shall include, but not be limited to, copies of
invoices.
5. In the event the LISD breaches any of the terms of this AGREEMENT or fails to use the
GRANT for the purposes set forth herein, then the LISD, after expiration of the notice and cure
period described herein, shall be in default of this AGREEMENT. As liquidated damages in the
event of such default, the LISD shall, within thirty (30) days after demand, repay to the CITY,
the GRANT with interest at the rate of eight percent (8%) per annum from the date of receipt of
the GRANT until paid. The parties acknowledge that actual damages in the event of default
would be speculative and difficult to determine. Upon breach by LISD of any obligations under
this AGREEMENT, the CITY shall notify the LISD in writing, who shall have thirty (30) days
from receipt of the notice in which to cure such default. If LISD fails to cure the default within
the time provided herein, or, as such time period may be extended, then the CITY at its sole
option, shall have the right to terminate this AGREEMENT without further notice to the LISD.
6. The terms and conditions of this AGREEMENT are binding upon the successors and
assigns of all parties hereto. This AGREEMENT may not be assigned without the express
written consent of CITY and CEDC.
7. It is understood and agreed between the parties that LISD, in the use of the GRANT and
in satisfying the conditions of this AGREEMENT, is acting independently, and that the CITY
and/or the CEDC assumes no responsibilities or liabilities to third parties in connection with
these actions. LISD agrees to indemnify and hold harmless the CITY and the CEDC from all
such claims, suits, and causes of action, liabilities and expenses, including reasonable attorney’s
fees, of any nature whatsoever arising out of the LISD’S performance of the conditions under
this AGREEMENT.
8. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage pre-paid, certified mail, return receipt requested,
addressed to the party at the address set forth opposite the signature of the party.
9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for
any action concerning this AGREEMENT shall be in the State District Court of Dallas County,
Texas.
10. In the event any one or more of the provisions contained in this AGREEMENT shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not effect the other provisions, and the AGREEMENT shall
be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 2
EXECUTED this _______ day of _____________________, 200__.
CITY OF COPPELL, TEXAS
By: ______________________________________
___________________, CITY MANAGER
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
EXECUTED this _______ day of _____________________, 200__.
COPPELL EDUCATION DEVELOPMENT CORPORATION
By: ______________________________________
ANTONIO ALTEMUS, PRESIDENT
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
EXECUTED this ______ day of ________________, 200__.
LEWISVILLE INDEPENDENT SCHOOL DISTRICT
By: ______________________________________
DR. JERRY ROY, SUPERINTENDENT
Lewisville Independent School District
1800 Timbercreek Road
Lewisville, Texas 75067
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 3
ATTEST:
By: ______________________________________
CITY OF COPPELL
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of _______________,
200__, by ____________________, City Manager of the City of Coppell, Texas, a Texas
municipality, on behalf of said municipality.
___________________________________
Notary Public, State of Texas
My Commission Expires:
_________________________
COPPELL EDUCATION DEVELOPMENT CORPORATION
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
200__, by Antonio Altemus, President of Coppell Education Development Corporation, on
behalf of said corporation.
Notary Public, State of Texas
My Commission expires:
________________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 4
LEWISVILLE INDEPENDENT SCHOOL DISTRICT
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the _______ day of ___________,
200__, by Dr. Jerry Roy, Superintendent of Lewisville Independent School District, on behalf of
said district.
Notary Public, State of Texas
My Commission expires:
_______________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 5
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 9, 2008
8/G
✔
PRESENTATION
Consider approval of a six-month extension to the expiration date of January 7, 2009 for the Freeport Parkway ROW
Dedication Final Plat, to provide the required right-of-way for the extension of Freeport Parkway, north of Sandy Lake
Road to S.H. 121.
On June 19, 2008, the Planning Commission unanimously approved this Freeport Parkway ROW Dedication Final Plat.
(5-0)
On July 8, 2008, Council unanimously approved this Freeport Parkway ROW Dedication Final Plat. (7-0)
Please see the attached letter from Todd Jones dated December 1, 2008, requesting a six-month extension. If Council
were to approve this request, this Final Plat would expire July 7, 2009.
Staff recommends APPROVAL.
@FPkwy ROW DED, FP, ext,1-AR, (con)
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 9, 2008
8/H
✔
ORDINANCE
Consider approval of an Ordinance for Case No. PD-161R2-SF-12, Stratford Manor, a zoning change from PD-161-SF-12
(Planned Development District-161-Single Family-12) to PD-161R2-SF-12 (Planned Development District-161 Revision
2-Single Family-12) to allow a concrete block wall, six feet tall, along the rear of Lot 12, Block A, property known as 709
Stratford Lane, and authorizing the Mayor to sign.
On October 16, 2008, the Planning Commission unanimously
recommended approval of this zoning change (7-0). Commissioners
Haas, Frnka, Jett, Shute, Sangerhausen, Kittrell and Shipley voted in
favor, none opposed.
On November 11, Council unanimously approved this zoning change
(6-0).
Staff recommended APPROVAL.
@PD-161R2-SF-12, SM ORD, 1-AR (con)
1 TM 33233.2.000
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-161-
SF-12 (PLANNED DEVELOPMENT DISTRICT-161-SINGLE
FAMILY-12) TO PD-161R2-SF-12 (PLANNED DEVELOPMENT
DISTRICT-161 REVISION 2-SINGLE FAMILY-12) TO ALLOW SIX
(6) FOOT TALL CONCRETE BLOCK WALL ALONG THE REAR
OF LOT 12, BLOCK A, PROPERTY KNOWN AS 709 STRATFORD
LANE AND BEING MORE PARTICULARLY DESCRIBED IN
EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED
HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL
OF THE SITE PLAN, ATTACHED HERETO AS EXHIBIT “B”;
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. PD-161R2-SF-12 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-161-SF-
2 TM 33233.2.000
12 (Planned Development District-161-Single Family-12) to PD-161R2-SF-12 (Planned
Development District-161 Revision 2-Single Family-12) to allow a six (6) foot tall concrete
block wall along the rear of Lot 12, Block A, property known as 709 Stratford Lane and
being more particularly described 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) Except as amended herein, the property shall be developed and used in
accordance with Planned Development District-161, Ordinance No. 91500-
A-177 which is incorporated herein as set forth in full and hereby
republished.
B) A six (6) foot tall concrete block wall shall be permitted as shown on
Exhibit “B”, Site Plan which shall be attached to and made a part of this
ordinance.
C) The owner shall obtain the required permit(s) for construction.
SECTION 3. That the Site Plan attached hereto as Exhibit “B”, and made a part
hereof for all purposes as special conditions, 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.
3 TM 33233.2.000
SECTION 5. 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 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 TM 33233.2.000
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______
day of ___________________, 2008.
APPROVED:
_____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb Reviewed & Revised 12/3/08)
EXHIBIT ‘A’
Legal Description
Being Lot 12, Block A of Stratford Manor, an addition to the City of
Coppell, Dallas County, Texas, according to the Amended Plat
thereof recorded in Volume 2000034, Page 147, Map Records,
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:
PLANNING
December 9, 2008
8/I
✔
ORDINANCE
Consider approval of an Ordinance for Case No. PD-236-SF-12, Bethel Road Manor, a zoning change from C
(Commercial) and SF-12 (Single Family-12) to PD-236-SF-12 (Planned Development-236-Single Family-12) to allow the
construction of a single-family home with an eight-foot side yard on property located on the north side of Bethel Road,
known as 234 W. Bethel Road and authorizing the Mayor to sign.
On October 16, 2008, the Planning Commission unanimously
recommended approval of this zoning change (7-0). Commissioners
Haas, Frnka, Jett, Shute, Sangerhausen, Kittrell and Shipley voted in
favor, none opposed.
On November 11, 2008, Council unanimously approved this zoning
change (6-0).
Staff recommended APPROVAL.
@PD-236-SF-12, BRM ORD, 1-AR (con)
1 TM 33235.2.000
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 C
(COMMERCIAL) AND SF-12 (SINGLE FAMILY-12) TO PD-236-SF-
12 (PLANNED DEVELOPMENT-236-SINGLE FAMILY-12) TO
ALLOW THE CONSTRUCTION OF A SINGLE-FAMILY HOME
WITH AN EIGHT-FOOT SIDE YARD ON PROPERTY LOCATED
ON THE NORTH SIDE OF BETHEL ROAD, KNOWN AS 234 W.
BETHEL ROAD, AND BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND
INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR
THE APPROVAL OF THE ZONING EXHIBIT, SITE PLAN,
LANDSCAPE PLAN, AND ELEVATIONS, ATTACHED HERETO 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 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. PD-236-SF-12 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
2 TM 33235.2.000
amended, be and the same is hereby amended to grant a change in zoning from C
(Commercial) and SF-12 (Single Family-12) to PD-236-SF-12 (Planned Development-236-
Single Family-12) to allow the construction of a single-family home with an eight-foot side
yard set back on property located on the north side of Bethel Road, known as 234 W. Bethel
Road, and being more particularly described 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 SF-12 zoning regulations as provided in the Code of Ordinances, except as amended herein
and following development conditions as set forth herein below;
A) A minimum side yard of eight (8) feet shall be permitted along the west property
line as indicated on the Site Plan, as provided in Exhibit “C”.
B) An alley shall not be required.
C) Residence shall provide and maintain an automatic fire sprinkler system.
SECTION 3. That Zoning Exhibit, Site Plan, Landscape Plan and Elevations,
Attached hereto as Exhibits “B”, “C”, “D” and “E” respectively, and made a part hereof for all
purposes as special conditions, are hereby approved.
SECTION 4. That the above property shall be developed and used only in the manner
and for the purpose provided for by the SF-12 (Single Family - 12) District regulations,
Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended and as
amended herein.
3 TM 33235.2.000
SECTION 5. 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 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.
4 TM 33235.2.000
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 ___________________, 2008.
APPROVED:
_____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb Reviewed & Revised 12/3/08)
A1.1Copyright 2004 by C. A. Nelson Architects Inc. TheDesign, Drawings, Specifications and all other documentsprepared by the Architect, and/or the Architect's office areinstruments of service. The Architect shall be deemed theauthor of these documents and retains all statutory,common law, and other reserved rights includingCopyright. The Architect's Design, Drawings,Specifications and all other documents prepared by theArchitect and/or the Architect's office shall not be Reusedby the Owner/Client or Others on any other projects,including additions or modifications to this project or forcompletion of this project by others, without permission inWritting from the Architect. No part of the abovementioned documents may be reproduced withoutsimmilar permission from the Architect.USE OF ARCHITECTS DOCUMENTS.14881 QUORUM DRIVE, SUITE 310 DALLAS, TEXAS 75254ARCHITECTURE INTERIORS PLANNINGC.A. NELSON ARCHITECTS INC.972-248-1905 fax: 972-248-1794 www.canelsonarchitects.com08006PROJECT NUMBERDRAWN BYCR / MFCHECKED BYJBISSUE DATE10.07.08 CITY REVISIONSSHEET NUMBERREVISIONS1.2.3.4.TXTXTXTXBERKEBILE RESIDENCEBERKEBILE RESIDENCEBERKEBILE RESIDENCEBERKEBILE RESIDENCE234 W. BETHEL RD.234 W. BETHEL RD.234 W. BETHEL RD.234 W. BETHEL RD.LOT 1 BLOCK ALOT 1 BLOCK ALOT 1 BLOCK ALOT 1 BLOCK ABETHEL RD. MANOR ADDITIONBETHEL RD. MANOR ADDITIONBETHEL RD. MANOR ADDITIONBETHEL RD. MANOR ADDITIONCOPPELLCOPPELLCOPPELLCOPPELL121,262 sq ft11,234 sq ft3,883 sq ft7,052 sq ft1,499 sq ft1,919 sq ft251 sq ft15,117 sq ft513 sq ft11,186 sq ft15'-0"20'-0"168'-9 1/2"8'-0"30'-0"78'-2"77'-1 1/4"172'-1/2"172'-1/2"164'-2 1/2"161'-1 1/4"169'-1 3/4"500GATEA/C COMPRESSORSVERIFY LOCATIONLINE OF EXISTINGROADHEADWALLHEADWALLFLOOD PLAIN @FLOOD PLAIN @FLOOD PLAIN @FLOOD PLAIN @ELEVATIONELEVATIONELEVATIONELEVATION492.5492.5492.5492.5LINE OF EXISTINGROADLINE OFEXISTINGROADFLOOD PLAIN @FLOOD PLAIN @FLOOD PLAIN @FLOOD PLAIN @ELEVATIONELEVATIONELEVATIONELEVATION492.5492.5492.5492.5FLOOD PLAIN @FLOOD PLAIN @FLOOD PLAIN @FLOOD PLAIN @ELEVATIONELEVATIONELEVATIONELEVATION492.5492.5492.5492.5FLOOD PLAIN @FLOOD PLAIN @FLOOD PLAIN @FLOOD PLAIN @ELEVATIONELEVATIONELEVATIONELEVATION492.5492.5492.5492.5FLOOD PLAIN @FLOOD PLAIN @FLOOD PLAIN @FLOOD PLAIN @ELEVATIONELEVATIONELEVATIONELEVATION492.5492.5492.5492.5NORTHNEWDRIVENEW DRIVE42.6' BUILDING LINE42.6' BUILDING LINE487.178"489.3520"498.906"496.676"496.958"494.546"493.928"489.6610"491.066"494.754"495.786"499.024"498.824"499.364"490.778"498.5110"497.838"501.0016"501.5818"502.756"503.344"503.344"503.316"503.278"500.148"493.1018"491.438"494.5136"493.7018"492.7714"493.6012"493.6914"494.9324"495.7224"494.676"492.9912"497.1114"497.5614"496.6124"499.1412"499.264"498.5610"500.6512"SIDEWALK / UTILITY EASMENTEXISTING 36"OAKEXISTING 24"OAKEXISTING 24"OAK30' BUILDING LINE30' BUILDING LINE8' BUILDING LINEPOOLPOOLPOOLPOOL3 CAR GARAGE3 CAR GARAGE3 CAR GARAGE3 CAR GARAGE3 CAR GARAGE3 CAR GARAGE3 CAR GARAGE3 CAR GARAGEPORTE COPORTE COPORTE COPORTE COCHERECHERECHERECHERETERRACETERRACETERRACETERRACECOV'DCOV'DCOV'DCOV'DPORCHPORCHPORCHPORCHMOTORMOTORMOTORMOTORCOURTCOURTCOURTCOURTOUTDOOROUTDOOROUTDOOROUTDOORLIVINGLIVINGLIVINGLIVINGCOV'DCOV'DCOV'DCOV'DLOGGIALOGGIALOGGIALOGGIACOV'DCOV'DCOV'DCOV'DPORCHPORCHPORCHPORCHSHOPSHOPSHOPSHOPCOV'D PORCHCOV'D PORCHCOV'D PORCHCOV'D PORCHLSLS90.73'91.96'136.66'11.65'115.16'73.44'S01°10'16"E 100.20'N37°23'05"E 68.20'N13°37'51"E48.21'N84°15'45"E 128.46'S30°59'09"E 228.62'S48°27'50"E 126.81'S16°26'56"E 71.49'S01°34'56"W 67.92'S35°59'15"W39.83'N00°17'22"W 372.25'(BASIS OF BEARINGS)S89°42'37"W 226.12'N01°04'43"W48.17'S89°18'54"W 200.39'Radius=50.00'Length=44.54'Delta=51°02'06"N65°02'38"E 43.08'53.65'POINT OFBEGINNINGLIFT STATIONCONCRETE WALLCONCRETE WALLFRAMETWO STORYBRICK ANDBETHEL ROADVARIABLE WIDTH R.O.W.CONTROLLINGMONUMENTCONTROLLINGMONUMENTLOT 9220.94'215.66'LOT 10LOT 11ALEXANDER COURTBLOCK ADOC. NO. 20080199412MIRA MAR DEVELOPMENT CORPORATIONDOC. NO. 200600465947153.18'20' DRAINAGE ESMT.VOL. 92188, PG. 3639BROCK STREET' R.O.W.50J.W. ANDERSON SURVEY, ABSTRACT NO. 18EDWARD A. CROW SURVEY, ABSTRACT NO. 30115' BUILDING LINEVOL. 92188, PG. 3639FLOODWAY AREAVOL. 92188, PG. 363988.90'COUNTRY ESTATESLOT 13, BLOCK AVOL. 92188, PG. 363925' DRAINAGE &LANDSCAPE ESMT.VOL. 92125, PG. 3455UTILITY ESMT.VOL. 92125, PG. 3455LOT 1LOT 2BIG CEDAR ADDITIONBLOCK 1VOL. 92125, PG. 3455241.81'82.33'BETHEL ROAD ESTATESLOT 2, BLOCK 1VOL. 2000134, PG. 0287530' BUILDING LINEVOL. 2000134, PG. 02875MICHAEL W. DIMMELAND WIFE,MARY PECK DIMMELVOL. 94090, PG. 00407MICHAEL D. CLASBYAND SPOUSE,ANN L. CLASBYVOL. 2003106, PG. 25749BETTY L. TAPELLAAND HUSBAND,ROBERT J. TAPELLAVOL. 93076, PG. 1927TERRY B. HOLMESAND WIFE,MICHELLE P. HOLMESVOL. 2003192, PG. 00171APPROX. CENTERLINE OF GRAPEVINE CREEKBUILDING LINEBY THIS PLATBUILDING LINEBY THIS PLATUTILITY ESMT.VOL. 92125, PG. 345520' BUILDING LINELINE OF EXISTINGROADEXISTINGBRIDGE42.6' BUILDING LINE42.6' BUILDING LINEBERKEBILE RESIDENCEBERKEBILE RESIDENCEBERKEBILE RESIDENCEBERKEBILE RESIDENCE234 W. BETHEL RD.234 W. BETHEL RD.234 W. BETHEL RD.234 W. BETHEL RD.LOT 1 BLOCK ALOT 1 BLOCK ALOT 1 BLOCK ALOT 1 BLOCK ABETHEL RD. MANOR ADDITIONBETHEL RD. MANOR ADDITIONBETHEL RD. MANOR ADDITIONBETHEL RD. MANOR ADDITIONCOPPELL, TEXAS 75019COPPELL, TEXAS 75019COPPELL, TEXAS 75019COPPELL, TEXAS 7501942.6' BUILDING LINE42.6' BUILDING LINE01010101PRELIM. SITE PLAN / UTILITY PLANPRELIM. SITE PLAN / UTILITY PLANPRELIM. SITE PLAN / UTILITY PLANPRELIM. SITE PLAN / UTILITY PLAN1" = 30'1" = 30'1" = 30'1" = 30'TOTALAIR CONDITIONED SPACEPORTE CO-CHEREA.C.SQUAREFOOTAGEFIRST FLOORSHOPLOCATIONSQUARE FOOTAGE TAB.MISC.SQUAREFOOTAGECOVERED PORCHESTOTALUNDER ROOFLOT SIZETOTAL LOT COVERAGELOT COVERAGE %SECOND FLOORGARAGES9.26%
A1.1ACopyright 2004 by C. A. Nelson Architects Inc. TheDesign, Drawings, Specifications and all other documentsprepared by the Architect, and/or the Architect's office areinstruments of service. The Architect shall be deemed theauthor of these documents and retains all statutory,common law, and other reserved rights includingCopyright. The Architect's Design, Drawings,Specifications and all other documents prepared by theArchitect and/or the Architect's office shall not be Reusedby the Owner/Client or Others on any other projects,including additions or modifications to this project or forcompletion of this project by others, without permission inWritting from the Architect. No part of the abovementioned documents may be reproduced withoutsimmilar permission from the Architect.USE OF ARCHITECTS DOCUMENTS.14881 QUORUM DRIVE, SUITE 310 DALLAS, TEXAS 75254ARCHITECTURE INTERIORS PLANNINGC.A. NELSON ARCHITECTS INC.972-248-1905 fax: 972-248-1794 www.canelsonarchitects.com08006PROJECT NUMBERDRAWN BYCR / MFCHECKED BYJBISSUE DATE10.07.08 CITY REVISIONSSHEET NUMBERREVISIONS1.2.3.4.TXTXTXTXBERKEBILE RESIDENCEBERKEBILE RESIDENCEBERKEBILE RESIDENCEBERKEBILE RESIDENCE234 W. BETHEL RD.234 W. BETHEL RD.234 W. BETHEL RD.234 W. BETHEL RD.LOT 1 BLOCK ALOT 1 BLOCK ALOT 1 BLOCK ALOT 1 BLOCK ABETHEL RD. MANOR ADDITIONBETHEL RD. MANOR ADDITIONBETHEL RD. MANOR ADDITIONBETHEL RD. MANOR ADDITIONCOPPELLCOPPELLCOPPELLCOPPELL500GATEA/C COMPRESSORSVERIFY LOCATIONHEADWALLHEADWALLFLOOD PLAIN @FLOOD PLAIN @FLOOD PLAIN @FLOOD PLAIN @ELEVATIONELEVATIONELEVATIONELEVATION492.5492.5492.5492.5RELOCATEDEXISTINGMAGNOLIATREEFLOOD PLAIN @FLOOD PLAIN @FLOOD PLAIN @FLOOD PLAIN @ELEVATIONELEVATIONELEVATIONELEVATION492.5492.5492.5492.5FLOOD PLAIN @FLOOD PLAIN @FLOOD PLAIN @FLOOD PLAIN @ELEVATIONELEVATIONELEVATIONELEVATION492.5492.5492.5492.5FLOOD PLAIN @FLOOD PLAIN @FLOOD PLAIN @FLOOD PLAIN @ELEVATIONELEVATIONELEVATIONELEVATION492.5492.5492.5492.5FLOOD PLAIN @FLOOD PLAIN @FLOOD PLAIN @FLOOD PLAIN @ELEVATIONELEVATIONELEVATIONELEVATION492.5492.5492.5492.5NORTHNEWDRIVENEW DRIVE42.6' BUILDING LINE42.6' BUILDING LINESIDEWALK / UTILITY EASMENTCREEK BEDCREEK BED(5) NELLI R. STEVENSR=50.00'L=44.54'Delta=51°02'06"CH.N65°02'38"E 43.08'(8) NELLI R. STEVENSFLAG STONETERRACELAWNLAWNGROUND COVER(FERNS, HOSTAS ANDENGLISH IVY)(3) SAVANNAHHOLLY(12) NELLI R. STEVENSLAWNYAUPONHOLLYSEASONALPLANTINGLAWN(1) RED OAK(60)FOUNDATIONBUFORDHOLLY(36) NELLI R. STEVENSSEASONALPLANTINGCAST STONEBALUSTER &RAILTREES TO BEREMOVEDTREES TO BEREMOVED30' BUILDING LINE30' BUILDING LINEEXISTING 36"OAKEXISTING 24"OAKEXISTING 24"OAK8' BUILDING LINEPOOLPOOLPOOLPOOL3 CAR GARAGE3 CAR GARAGE3 CAR GARAGE3 CAR GARAGE3 CAR GARAGE3 CAR GARAGE3 CAR GARAGE3 CAR GARAGEPORTE COPORTE COPORTE COPORTE COCHERECHERECHERECHERETERRACETERRACETERRACETERRACECOV'DCOV'DCOV'DCOV'DPORCHPORCHPORCHPORCHMOTORMOTORMOTORMOTORCOURTCOURTCOURTCOURTOUTDOOROUTDOOROUTDOOROUTDOORLIVINGLIVINGLIVINGLIVINGCOV'DCOV'DCOV'DCOV'DLOGGIALOGGIALOGGIALOGGIACOV'DCOV'DCOV'DCOV'DPORCHPORCHPORCHPORCHSHOPSHOPSHOPSHOPCOV'D PORCHCOV'D PORCHCOV'D PORCHCOV'D PORCH90.73'91.96'136.66'11.65'115.16'73.44'S01°10'16"E 100.20'N37°23'05"E 68.20'N13°37'51"E48.21'N84°15'45"E 128.46'S30°59'09"E 228.62'S48°27'50"E 126.81'S16°26'56"E 71.49'S01°34'56"W 67.92'S35°59'15"W39.83'N00°17'22"W 372.25'(BASIS OF BEARINGS)S89°42'37"W 226.12'N01°04'43"W48.17'S89°18'54"W 200.39'Radius=50.00'Length=44.54'Delta=51°02'06"N65°02'38"E 43.08'53.65'LIFT STATIONCONCRETE WALLCONCRETE WALLFRAMETWO STORYBRICK ANDBETHEL ROADVARIABLE WIDTH R.O.W.CONTROLLINGMONUMENTCONTROLLINGMONUMENT220.94'215.66'153.18'20' DRAINAGE ESMT.VOL. 92188, PG. 3639BROCK STREET' R.O.W.50FLOODWAY AREAVOL. 92188, PG. 363988.90'25' DRAINAGE &LANDSCAPE ESMT.VOL. 92125, PG. 3455241.81'82.33'APPROX. CENTERLINE OF GRAPEVINE CREEKUTILITY ESMT.VOL. 92125, PG. 345520' BUILDING LINEPLANT POTS10' Ø FOUNTAINSALT FINISHEDSTAINEDCONCRETEEXISTINGBRIDGEFLAG STONETERRACE /WALKSEASONALPLANTINGCONC. WALKSEASONALPLANTING42.6' BUILDING LINE42.6' BUILDING LINEBERKEBILE RESIDENCEBERKEBILE RESIDENCEBERKEBILE RESIDENCEBERKEBILE RESIDENCE234 W. BETHEL RD.234 W. BETHEL RD.234 W. BETHEL RD.234 W. BETHEL RD.LOT 1 BLOCK ALOT 1 BLOCK ALOT 1 BLOCK ALOT 1 BLOCK ABETHEL RD. MANOR ADDITIONBETHEL RD. MANOR ADDITIONBETHEL RD. MANOR ADDITIONBETHEL RD. MANOR ADDITIONCOPPELL, TEXAS 75019COPPELL, TEXAS 75019COPPELL, TEXAS 75019COPPELL, TEXAS 7501942.6' BUILDING LINE42.6' BUILDING LINE121,262 sq ft11,234 sq ft3,883 sq ft7,052 sq ft1,499 sq ft1,919 sq ft251 sq ft15,117 sq ft513 sq ft11,186 sq ft01010101GENERALIZED LANDSCAPE PLANGENERALIZED LANDSCAPE PLANGENERALIZED LANDSCAPE PLANGENERALIZED LANDSCAPE PLAN1" = 30'1" = 30'1" = 30'1" = 30'TOTALAIR CONDITIONED SPACEPORTE CO-CHEREA.C.SQUAREFOOTAGEFIRST FLOORSHOPLOCATIONSQUARE FOOTAGE TAB.MISC.SQUAREFOOTAGECOVERED PORCHESTOTALUNDER ROOFLOT SIZETOTAL LOT COVERAGELOT COVERAGE %SECOND FLOORGARAGES9.26%
A4.3Copyright 2004 by C. A. Nelson Architects Inc. TheDesign, Drawings, Specifications and all other documentsprepared by the Architect, and/or the Architect's office areinstruments of service. The Architect shall be deemed theauthor of these documents and retains all statutory,common law, and other reserved rights includingCopyright. The Architect's Design, Drawings,Specifications and all other documents prepared by theArchitect and/or the Architect's office shall not be Reusedby the Owner/Client or Others on any other projects,including additions or modifications to this project or forcompletion of this project by others, without permission inWritting from the Architect. No part of the abovementioned documents may be reproduced withoutsimmilar permission from the Architect.USE OF ARCHITECTS DOCUMENTS.14881 QUORUM DRIVE, SUITE 310 DALLAS, TEXAS 75254ARCHITECTURE INTERIORS PLANNINGC.A. NELSON ARCHITECTS INC.972-248-1905 fax: 972-248-1794 www.canelsonarchitects.com08006PROJECT NUMBERDRAWN BYCR / MFCHECKED BYJBISSUE DATE10.07.08 CITY REVISIONSSHEET NUMBERREVISIONS1.2.3.4.TXTXTXTXBERKEBILE RESIDENCEBERKEBILE RESIDENCEBERKEBILE RESIDENCEBERKEBILE RESIDENCE234 W. BETHEL RD.234 W. BETHEL RD.234 W. BETHEL RD.234 W. BETHEL RD.LOT 1 BLOCK ALOT 1 BLOCK ALOT 1 BLOCK ALOT 1 BLOCK ABETHEL RD. MANOR ADDITIONBETHEL RD. MANOR ADDITIONBETHEL RD. MANOR ADDITIONBETHEL RD. MANOR ADDITIONCOPPELLCOPPELLCOPPELLCOPPELL02A5.102A5.111A5.111A5.122A5.120A5.123A5.127A5.218A5.131A5.219A5.130A5.229A5.232 SIMA5.219A5.126A5.226A5.202A5.118A5.118A5.121A5.136A5.202A5.118A5.125A5.212A5.116A5.121A5.135A5.216A5.1100'-0"111'-1"112'-6"1'-8 3/4"11'-3 1/4"2'-4 1/4"5'-11 1/2" 5'-11 1/2" 5'-11 1/2" 5'-11 1/2" 11'-11 1/4"9'-7 1/2" 9'-7 1/2"EQ. TYP. EQ. TYP.13'-0" 2'-6 1/4"112'-6"111'-1"100'-0"100'-0"100'-0"100'-0"EQ. EQ.121'-7"123'-2"118'-7"123'-7"118'-7"111'-1"118'-7"5'-3 1/2"2'-8 1/4"8'-0"8'-1"8'-1"114'-1"1'-7"45 '-1"37'-4 3/4"R 1'-5 3/4"R 4'-8"R 3'-11 1/4"01010101A4.6A4.6A4.6A4.6TUSCAN COL.REF. FLOORPLANFOR COL.INFO.W.I. DOORW.I.CLAVOSW.I.SHUTTERDOGT.O.P. @ 1ST FLOOR CEILINGT.O. 2ND FLOOR SUB FLOORDECORATIVEWOOD SHUTTERSSTONE VENEERSLATE ROOF18/12SLATE ROOF18/12SLATE ROOF18/12SLATE ROOF18/12SLATE ROOF18/12SLATE ROOF BEYOND16/1212181218121812181218121812181218SLOPECHANGE+-3/12CLCLSTONE VENEERBRICK VENEERC.S. BELT COURSEC.S. BELT COURSEW.I. FLOWERBOXC.S. WATERTABLECLAY TILE BELT COURSECOPPER CRAFTCONDUCTOR HEAD'THE PAISIAN'W/ 4" D.S.COPPER VENTSROOF &CHIMNEYBEYOND10x10 TIMBERCOL.EXPOSED TIMBERRAFTER TAILSSTONE VENEERSTONE VENEERDECORATIVEWOOD SHUTTERSMATCH LINESECTION ASECTION BSLATE ROOF6/121218T.O.P.@ 2ND FLR. BR(6'-1")T.O.P. @ 2ND FLR. CLG. @ BATH(11'-1")T.O.P. @ 2ND FLR.BR.(6'-1")T.O. 1ST FLOORT.O.P. @ 1ST FLOOR CEILINGT.O. 2ND FLOOR SUB FLOORT.O. 1ST FLOORSTEPSPER SITECONDITIONSSTEPSPER SITECONDITIONSGARAGE BEYONDCOPPER DORMERT.O.P. @ DORMER(10'-8")T.O.P. @ DORMER(9'-1")T.O.P. @ DORMER(9'-1")T.O.P. @ 1ST FLOOR CEILINGT.O.P. @ 2ND FLR. CLG.(6'-1")T.O.P. @ DORMER(9'-1")T.O.P. @ DORMER(10'-8")STONE VENEERC.S.SURROUNDC.S. SURROUNDC.S. SURROUND12x10 TIMBERBEAMC.S. SURROUNDC.S. SURROUNDC.S. SILLBRICK TILEHEADERBRICK TILEHEADERBRICK TILEHEADERBRICK TILEHEADERBRICK TILEHEADERCURVED COPPERROOFSHAPED BRICKBELT COURSET.O.P. @ GARAGEALIGNFIELD-CUTSTONEQUOINS35' MAX. HTG. PER CODE35' MAX. HTG. PER CODE35' MAX. HTG. PER CODE35' MAX. HTG. PER CODE09 SIMA5.104A5.104A5.103A5.104A5.114A5.111A5.111 1/4"1'-1 1/2"17'-7" 12'-5 3/4"R 1'-7 3/4"A4.6A4.6A4.6A4.60202020235'-0"49'-5 3/4"49'-5 3/4"49'-5 3/4"49'-5 3/4"45'-1"45'-1"45'-1"45'-1"37'-4 3/4"37'-4 3/4"37'-4 3/4"37'-4 3/4"18A5.102A5.109 SIMA5.102A5.102A5.104A5.102A5.102A5.102A5.102A5.118A5.121A5.131A5.231A5.227A5.226A5.234A5.218A5.118A5.126A5.2100'-0"100'-0"100'-0"100'-0"111'-1"112'-6"111'-1"100'-0"121'-7" (9'-1")112'-6"111'-1"100'-0"100'-0"100'-0"100'-0"100'-0"1'-8 3/4"11'-3 1/4"2'-4 1/4"8'-0"2'-3"121'-7"118'-7"118'-7"121'-7"121'-7"100'-0"98'-6"8'-1" 3'-2"8'-1"118'-7"118'-7"118'-7"113'-7"11 1/4"1'-1 1/2"111'-8"37'-4 3/4"37'-4 3/4"37'-4 3/4"37'-4 3/4"36'-2"36'-2"36'-2"36'-2"45'-3"45'-3"45'-3"45'-3"30'-11 1/4"30'-11 1/4"30'-11 1/4"30'-11 1/4"28'-3"28'-3"28'-3"28'-3"32'-1"32'-1"32'-1"32'-1"45'-1"45'-1"45'-1"45'-1"R 1'-3 3/4"R 14'-11 1/4"R 2'-1 3/4"R 12'-10 1/2"BRICK TILE HEADBARGE TIMBER RAFTERC.S. HEADERT.O.P. @ 1ST FLOOR CEILINGT.O. 2ND FLOOR SUB FLOORT.O. 1ST FLOORT.O.P. @ 1ST FLOOR CEILINGT.O. 2ND FLOOR SUB FLOORT.O.P.@ 2ND FLOOR CLG.T.O. 1ST FLOORT.O.P. @ 1ST FLOOR CEILINGT.O. 1ST FLOORT.O. 1ST FLOORDECORATIVEWOOD SHUTTERSSTONE VENEERSTONE VENEERSTONE VENEERSTONE VENEERDECORATIVEWOOD SHUTTERSC.S. SURROUNDPORTE-COCHEREOPEN TO MOTORCOURTBEYONDPORTE-COCHEREOPEN TO MOTORCOURTBEYONDSTUCCO VENEER10" TIMBERCOLUMN.12X10TIMBER BEAMBRICK VENEERSTEPS PERSITE CONDITIONSC.S.BELT COURSECOPPER CRAFTCONDUCTOR HEAD'THE PAISIAN'W/ 4" D.S.CLAY TILE BELT COURSESLATE ROOF18/12SLATE ROOF18/12SLATE ROOF18/12SLOPE CHANGESLATE ROOF14/12SLATE ROOF18/12SLATE ROOF18/12SLATE ROOF18/12MATCH LINESECTION ASECTION BSLATE ROOF18/121218121812181218121812181218121812181218121812181218121812181218CURVED COPPERROOFSTONE VENEERCOPPER DORMER10" TIMBERCOLUMN.TIMBER BEAMCOPPER FINIALFIREPLACE PERPLANCHOPPED STONESURROUNDSTONE VENEERSLATE ROOF18/12SLATE ROOF4/12SLOPE CHANGESLATE ROOF±11/12STONE VENEERBAR PER PLANSTEPS PERSITE CONDITIONSSTEPS PERSITE CONDITIONSWOOD TRIMMEDCHIMNEY W/ THIN SETSTONE VENEERMASONRYCHIMNEYMASONRY CHIMNEYMASONRY CHIMNEYMASONRY CHIMNEY1218T.O.P. @ 2ND FLR. STOR. (6'-1")T.O.P. @ 2ND FLR. STOR. (6'-1")T.O.P. @ DORMER(9'-1")T.O. 1ST FLOORT.O.SLAB @ PORTECO-CHERET.O.P. @ 2ND FLR.BR (6'-1")T.O.P. @ 2ND FLR. STOR. (6'-1") T.O.P. @ 2ND FLR. STOR. (6'-1")T.O.P. @ COVERED LOGGIAFIREPLACESURROUNDT.O.P. @ DORMER(9'-1")T.O.P. @ DORMER(9'-1")C.S.CHIMNEYSHOULDERMASONRYCHIMNEYSLOPE CHANGETUSCAN COL.REF. FLOOR PLANFOR COL. INFO.TIMBERBRACKETC.S. SILLC.S. HEADERC.S. SILLC.S. HEADERT.O.PL. @ COV'D LOGGIACAST STONEWATER TABLEC.S. SILLC.S. HEADERC.S. SILLC.S. SILL126COPPER CRAFTCONDUCTOR HEAD'THE PAISIAN'W/ 4" D.S.ALIGN+100'-0"2 Fisrt Floor Plan+100'-0"2 Fisrt Floor Plan+111'-1"3 Floor System+111'-1"3 Floor System+112'-6"4 Second Floor Plan+112'-6"4 Second Floor Plan+121'-7"5 Roof Plan+121'-7"5 Roof Plan12A5.136A5.221A5.121A5.135A5.233A5.235A5.209A5.112A5.135A5.202A5.149'-5 3/4"49'-5 3/4"49'-5 3/4"49'-5 3/4"NOTE:1. T.O.PL. = TOP OF PLATE OR WALL HEIGHT MEASURED FROM THE TOP OF THE SLAB AT THE FIRST FLOOR DATUM ELEVATION = 100'-0"2. "( )" DENOTES PLATE HEIGHT FROM ADJACENT FLOOR.\01010101NORTH ELEVATIONNORTH ELEVATIONNORTH ELEVATIONNORTH ELEVATION1/8" = 1'-0"1/8" = 1'-0"1/8" = 1'-0"1/8" = 1'-0"02020202WEST ELEVATIONWEST ELEVATIONWEST ELEVATIONWEST ELEVATION1/8" = 1'-0"1/8" = 1'-0"1/8" = 1'-0"1/8" = 1'-0"
A4.4Copyright 2004 by C. A. Nelson Architects Inc. TheDesign, Drawings, Specifications and all other documentsprepared by the Architect, and/or the Architect's office areinstruments of service. The Architect shall be deemed theauthor of these documents and retains all statutory,common law, and other reserved rights includingCopyright. The Architect's Design, Drawings,Specifications and all other documents prepared by theArchitect and/or the Architect's office shall not be Reusedby the Owner/Client or Others on any other projects,including additions or modifications to this project or forcompletion of this project by others, without permission inWritting from the Architect. No part of the abovementioned documents may be reproduced withoutsimmilar permission from the Architect.USE OF ARCHITECTS DOCUMENTS.14881 QUORUM DRIVE, SUITE 310 DALLAS, TEXAS 75254ARCHITECTURE INTERIORS PLANNINGC.A. NELSON ARCHITECTS INC.972-248-1905 fax: 972-248-1794 www.canelsonarchitects.com08006PROJECT NUMBERDRAWN BYCR / MFCHECKED BYJBISSUE DATE10.07.08 CITY REVISIONSSHEET NUMBERREVISIONS1.2.3.4.TXTXTXTXBERKEBILE RESIDENCEBERKEBILE RESIDENCEBERKEBILE RESIDENCEBERKEBILE RESIDENCE234 W. BETHEL RD.234 W. BETHEL RD.234 W. BETHEL RD.234 W. BETHEL RD.LOT 1 BLOCK ALOT 1 BLOCK ALOT 1 BLOCK ALOT 1 BLOCK ABETHEL RD. MANOR ADDITIONBETHEL RD. MANOR ADDITIONBETHEL RD. MANOR ADDITIONBETHEL RD. MANOR ADDITIONCOPPELLCOPPELLCOPPELLCOPPELLNOTE:1. T.O.PL. = TOP OF PLATE OR WALL HEIGHT MEASURED FROM THE TOP OF THE SLAB AT THE FIRST FLOOR DATUM ELEVATION = 100'-0"2. "( )" DENOTES PLATE HEIGHT FROM ADJACENT FLOOR.\02A5.132A5.218A5.102A5.102A5.102A5.102A5.105A5.102A5.118A5.121A5.119A5.114A5.118A5.121A5.118A5.135A5.235A5.218A5.102A5.133A5.226A5.221A5.135A5.235A5.218A5.118A5.102A5.102A5.1121'-7"100'-0"100'-0"100'-0"100'-0"111'-1"112'-6"121'-7"7'-1 3/4"8'-0"EQ. EQ.4'-11 1/4"121'-7"100'-0"100'-0"100'-0"100'-0"111'-1"113'-1"109'-1"113'-7"119'-3"120'-4"8'-1"2'-3" 5'-10"8'-1"R 1'-6"R 1'-4"R 9'-2 1/4"C.S.HEADERC.S. HEADERT.O.P. @ 1ST FLOOR CEILINGT.O. 2ND FLOOR SUB FLOORT.O.P.@ 2ND FLOOR CLG.T.O. 1ST FLOORSLATE ROOF18/12SLATE ROOF18/12SLATE ROOF18/12SLATE ROOF18/12SLOPE CHANGESLOPE ROOF+-5/12MASONRYCHIMNEYMASONRYVENEERMASONRYVENEERMASONRYVENEERSTONEVENEERMASONRYVENEERSTONEVENEERMASONRYVENEERSTONEVENEER ATGARAGE BEYONDSLATE ROOF18/12STONE SURROUNDCAST STONEWATERTABLEMASONRYVENEERCAST STONESURROUNDW.I. FLOWER BOX@ ARCHED OPENING BEYONDEXPOSED TIMBER RAFTER TAILS10"X10" TIMBER COL.STAIRS BEYOND10"X10"TIMBERCOLUMNFLAREDROOFDECORATIVESHUTTERSSLATE ROOFBEYOND18/12COPPER FINIALSTEPS PERSITE CONDITIONSSLATE ROOFBEYOND16/12SLATE ROOF18/12T.O.BEAM @ COVERED LOGGIA= 111'-8"T.O.P. @ 1ST FLOOR CEILINGT.O. 1ST FLOORT.O.P.@ 2ND FLOOR CLG.T.O.P.@ 2ND FLOOR CLG.T.O.P. @ OUTDOOR LIVINGT.O.P. @ MASTER CEILINGT.O.BEAM @MASTER COVEREDPORCH12181218121812181218121812181218SLOPE CHANGESLOPE ROOF+-4/12MASONRYCHIMNEYMASONRYCHIMNEYMASONRYCHIMNEYMASONRYCHIMNEY(9'-1")(6'-9")(9'-1")(7'-10")T.O.PL @DORMERT.O.P. @ GUEST BR.STEPS PER SITE CONDITIONSLOPE CHANGEMATCH LINESECTION ASECTION BCURVEDCOPPER ROOF15A5.1+100'-0"2 Fisrt Floor Plan+111'-1"3 Floor System+112'-6"4 Second Floor Plan+121'-7"5 Roof Plan21A5.125A5.221A5.149'-5 3/4"49'-5 3/4"49'-5 3/4"49'-5 3/4"30'-11 1/4"30'-11 1/4"30'-11 1/4"30'-11 1/4"36'-2"36'-2"36'-2"36'-2"45'-3"45'-3"45'-3"45'-3"32'-1"32'-1"32'-1"32'-1"32'-0"32'-0"32'-0"32'-0"28'-3"28'-3"28'-3"28'-3"45'-1"45'-1"45'-1"45'-1"R 1'-3 3/4"R 2'-7 1/4"R 15'-1/4"CAST STONEFLEUR DE LISMEDALLIONFEAUX FLUE02A5.118A5.102A5.102A5.107A5.102A5.105A5.102A5.102A5.102A5.135A5.235A5.235A5.233A5.226A5.218A5.121A5.106A5.102A5.110A5.102A5.118A5.131A5.218A5.1100'-0"111'-1"100'-0"111'-1"112'-6"118'-7"118'-7"121'-7"121'-7"121'-7"7'-11 1/4"111'-1"111'-1"121'-3"113'-7"2'-3"8'-1"111'-1"114'-1"1'-6"11 1/4"100'-0"100'-0"100'-0"100'-0"100'-0"32'-1"32'-1"32'-1"32'-1"R 2'-1/4"R 2'-1 3/4"R 12'-8 1/2"C.S. SILLC.S. HEADERSTONEVENEERC.S.CHIMNEYSHOULDERC.S. SILLC.S. HEADERC.S. SILLC.S. SILLT.O.P. @ 1ST FLOOR CEILINGT.O. 2ND FLOOR SUB FLOORT.O.P.@ DORMER(9'-1")T.O. 1ST FLOORT.O.P. @ 1ST FLOOR CEILINGT.O. 1ST FLOORT.O.P. @ ATTIC STOR.(6'-1")SLATE ROOF18/12SLATE ROOF18/12SLATE ROOF16/12SLATE ROOF18/12T.O.P. @ FAMILY ROOM(8'-9") T.O.P. @ FAMILY ROOMT.O.P. @ MEDIAT.O.P. @ COVERED LOGGIA= 113'-7"STONEVENEERSTONE CHIMNEYCUTSTONESURROUNDSLATE ROOF18/12SLATE ROOF18/12SLATE ROOF18/12STONEVENEERSTONEVENEERDECORATIVESHUTTERSMASONRYVENEERBRICKVENEERDECORATIVESHUTTERSCAST STONESURROUND1218121812161218121812181218121812181218121612181218ALIGN FASHIASTONEVENEERSLATE ROOF18/12SLATE ROOF18/12SLATE ROOF18/12SLATE ROOF18/12SLATE ROOF+-7/12SLOPE CHANGESTONEVENEERALIGNCOPPER CRAFTCONDUCTOR HEAD'THE PAISIAN'W/ 4" D.S.T.O.P. @ GARAGET.O.P. @ GARAGECHIMNEY BEYONDCHIMNEY BEYONDCHIMNEY BEYONDT.O.P.@ DORMER (9'-1")T.O.P.@ DORMER(9'-1")T.O.P. @ ATTIC STOR.(6'-1")STEPS BEYONDSTONEVENEERBRICK TILE HEADERBRICK TILE HEADERMATCH LINESECTION ASECTION BC.S. WATERTABLE BEYOND1218C.S. TUSCAN COL.REF. FLOOR PLANFOR COL. INFO.T.O. 1ST FLOORT.O. 1ST FLOOR+100'-0"2 Fisrt Floor Plan+111'-1"3 Floor System+112'-6"4 Second Floor Plan+121'-7"5 Roof Plan21A5.117A5.121A5.1120'-4"120'-4"49'-5 3/4"49'-5 3/4"49'-5 3/4"49'-5 3/4"28'-3"28'-3"28'-3"28'-3"32'-0"32'-0"32'-0"32'-0"45'-3"45'-3"45'-3"45'-3"45'-1"45'-1"45'-1"45'-1"37'-4 3/4"37'-4 3/4"37'-4 3/4"37'-4 3/4"T.O.P.@ DORMER7'-10")T.O.P.@ DORMER(7'-10")01010101SOUTH ELEVATIONSOUTH ELEVATIONSOUTH ELEVATIONSOUTH ELEVATION1/8" = 1'-0"1/8" = 1'-0"1/8" = 1'-0"1/8" = 1'-0"02020202EAST ELEVATIONEAST ELEVATIONEAST ELEVATIONEAST ELEVATION1/8" = 1'-0"1/8" = 1'-0"1/8" = 1'-0"1/8" = 1'-0"
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
Finance
December 9, 2008
9
✔
RESOLUTION
Consider approval of a Resolution amending Resolution No. 010996.3 as heretofore amended, with regard to water
rate fees; sewer rate fees; recreational fees; garbage collection fees; and adding the Rolling Oaks Memorial Center
fees and authorizing the Mayor to sign.
Water Rate and Sewer Rate fees are being amended to reflect the actual senior citizen rate rather than just using the
10% discount terminology. Recreational fees are being amended to reflect the fees associated with rental of the
Town Center Plaza and a vendor fee for Oaktober Fest. Garbage Collection fees are being amended for the new
contract with Waste Management brought forward in October 2008. Rolling Oaks Memorial Center fees are being
established for the city owned cemetery.
Staff recommends approval.
$MasterFee-1AR(con)
1
RESOLUTION NO. __________________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, AMENDING
RESOLUTION NO. 010996.3, THE MASTER FEE SCHEDULE, AS
AMENDED, BY AMENDING THE WATER RATE FEES, IN PART; THE
SEWER RATE FEES, IN PART; THE RECREATIONAL FEES, IN PART;
THE GARBAGE COLLECTION FEES, IN PART; BY ADDING THE
ROLLING OAKS MEMORIAL CENTER FEES; AND PROVIDING A
REPEALING CLAUSE AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, previously adopted
Resolution No. 010996.3 to provide for general and special fees and charges to be assessed and
collected by the City, as authorized by the Code of Ordinances and other applicable codes,
ordinances, resolutions, and laws; and
WHEREAS, the City Council of the City of Coppell desires to amend certain fees as set
forth therein and delete others as authorized by law;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That the Master Fee Schedule section entitled “Water Rates (Monthly)” be
amended, in part, to read as follows:
Residential:
“….
Senior Citizen Rates (65 or older)
First 1,000 gallons (minimum) $10.80
All over 1,000 gallons $2.34 per 1,000 gallons
Water Conservation Rates
June 1 - September 30
First 1,000 gallons (minimum) $10.80
1,001 to 25,000 $2.34 per 1,000 gallons
25,001 + $2.925 per 1,000 gallons
….”
SECTION 2. That the Master Fee Schedule section entitled “Sewer Rates (Monthly)” be
amended, in part, to read as follows:
Residential:
“….
Senior Citizen Rates (65 or older)
First 1,000 gallons (minimum $10.80
All over 1,000 gallons $1.62 per 1,000 gallons
….”
2
SECTION 3. That the Master Fee Schedule section entitled “Recreational Fees” be
amended, in part, to read as follows:
“….
8) Oaktober Fest
For profit Vendor Booth Fee $50.00
9) Town Center Plaza Fees
a. Plaza (entire) $200.00/4 hours + $55.00 for each
additional hour (includes attendant)
b. Amphitheater (lighted) $150.00/4 hours + $40.00 for each
additional hour (includes attendant)
c. Amphitheater (non-lighted) $125.00/4 hours + $40.00 for each
additional hour (includes attendant)
d. South Pavilion $50.00/4 hours + $10.00 for each
additional hour
e. Electrical Use $25.00 to $150.00 depending on
power needs.
SECTION 4. That the Master Fee Schedule section entitled “Rolling Oaks Memorial
Center” be added, to read as follows:
1) Gardens Resident Non-Resident
Garden of Serenity $1,395.00 $4,595.00
Garden of Honor (Veterans) $1,095.00 $2,195.00
Heritage Garden
Lawn Level Memorials $ 895.00 $1,995.00
Two Spaces Minimum
(Monument Rights) $1,495.00 Each $2,595.00 Each
Garden of Hope $1,095.00 $2,195.00
Infant Burial Spaces No Charge $ 500.00
3
2) Niches Resident Non-Resident
Tier 8 $1,695.00 $2,295.00
Tier 7 $1,695.00 $2,295.00
Tier 6 $1,695.00 $2,295.00
Tier 5 $2,295.00 $2,895.00
Tier 4 $2,295.00 $2,895.00
Tier 3 $2,295.00 $2,895.00
Tier 2 $1,695.00 $2,295.00
Tier 1 $1,695.00 $2,295.00
The Resident fees apply to current residents of the City of Coppell, former residents who
resided in the City of Coppell for ten (10) years or more and employees of the City and
former employees with ten (10) year of service or more to the City. If required, proof of
residency is the responsibility of the Purchaser.
SECTION 5. That the Master Fee Schedule section entitled “Garbage Collection Fees”
be amended, in part to read as follows:
Garbage Collection Fees: (Effective January 1, 2009)
“…
1) Residential Garbage Customer $15.63 per month
Senior Citizen Residential Garbage Customer $14.10 per month
2) Commercial Garbage Collection Fees:
FREQUENCY 3 YD 4 YD 6 YD 8 YD
(Per week)
1 $ 85.67 $105.17 $127.86 $161.98
2 $142.62 $204.85 $218.70 $276.24
3 $189.24 $280.86 $315.10 $389.37
4 $236.20 $355.59 $401.36 $485.17
5 $288.77 $431.23 $483.65 $594.68
6 $342.01 $517.52 $571.00 $704.46
Extra Pickups $ 28.40 $ 38.55 $ 41.00 $ 55.06
4
Commercial Hand Pickups (1 to 5 Bags) $19.39
Commercial Hand Pickups (6 to 10 Bags) $24.05
Redelivery Fee for Non-payment of Account $42.92
Compactors - Closed:
FREQUENCY 2YD 3 YD 4 YD 6 YD 8YD
(Per week)
1 $302.61 $318.02 $ 355.44 $ 375.23 $ 428.06
2 $390.65 $423.65 $ 455.57 $ 534.81 $ 621.73
3 $479.79 $527.09 $ 582.11 $ 694.36 $ 814.31
4 $568.91 $632.74 $ 708.66 $ 852.83 $1,007.58
5 $656.95 $738.38 $ 835.21 $1,013.48 $1,143.84
6 $746.08 $841.82 $ 959.56 $1,094.74 $1,394.22
7 $835.21 $947.46 $1,013.68 $1,333.70 $1,586.80
Extra Pickups $ 99.04 $110.04 $ 132.05 $ 143.06 $ 154.05
Residential Roll-Off Permit $20.00
Roll-Off Rates Haul Rate
Delivery Rate Rental Rate per Pull Liner
10 Yard (Open Top) $56.51 $151.96/Month $225.53 $48.22
20 Yard (Open Top) $57.66 $155.06/Month $230.13 $48.22
30 Yard (Open-Top) $57.66 $155.06/Month $263.59 $48.22
40 Yard (Open Top) $57.66 $155.06/Month $334.43 $48.22
20 Yard (Compactor) N/A N/A N/A
25 Yard (Compactor) N/A N/A N/A
30 Yard (Compactor) $80.19 $390.08/Month $333.20
35Yard (Compactor) $80.19 $390.08/Month $349.05
40 Yard (Compactor) N/A N/A N/A
42 Yard (Compactor) $80.19 $390.08/Month $390.08
…”
SECTION 6. That all provisions of the resolutions of the City of Coppell, Texas, in
conflict with the provisions of this Resolution, except as noted herein, be, and the same are
hereby, repealed, and all other provisions not in conflict with the provisions of this Resolution
shall remain in full force and effect.
5
SECTION 7. That should any word, phrase, paragraph, or section of this Resolution be
held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this
Resolution 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 Resolution as a whole.
SECTION 8. That this Resolution shall become effective 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 ______________________, 2008.
APPROVED:
__________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
__________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
__________________________________
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 9, 2008
10
✔
PUBLIC HEARING
Consider approval of the Magnolia Fisheries, Lot 1R, Block A, Replat & Minor Plat, to incorporate 0.65 acres of property
into the existing tract for a total of 1.424 acres of property allowing the expansion of the existing facility located at 217
N. Coppell Road.
The following P&Z condition remains outstanding:
1. Contact Larry Redick at 972-323-8917 to discuss electric service requirements.
On October 16, 2008, the Planning Commission unanimously
recommended approval of this replat and minor plat (7-0), subject to
the above-stated condition. Commissioners Haas, Frnka, Jett, Shute,
Sangerhausen, Kittrell and Shipley voted in favor, none opposed.
Staff recommended APPROVAL.
@01 MF, Lot 1R, Blk A, RP & MP, 1-AR
ITEM # 9
Page 1 of 2
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Magnolia Fisheries, Lot 1R, Block A,
Replat & Minor Plat
P&Z HEARING DATE: October 16, 2008
C.C. HEARING DATE: November 11, 2008
STAFF REP.: Matt S. Steer, City Planner
LOCATION: 217 N. Coppell Road
SIZE OF AREA: 1.424 acres of property
CURRENT ZONING: LI (Light Industrial)
REQUEST: A Replat and Minor Plat, to incorporate 0.65 acres of property into
the existing tract allowing for the addition of two storage facilities.
APPLICANT: Owner: Engineer:
William Wingo Jonathan Hake
Magnolia Fisheries, Inc. Cross Engineering Consultants, Inc.
217 N. Coppell Road 106 W. Louisiana Street
Coppell, Texas 75019 McKinney, Texas 75069
Phone: 972- 724-0071 Phone: 972-562-4409
Fax: 972-471-2824 Fax: 972-562-4471
HISTORY: In 2001 Council approved a site plan and minor plat to allow the
development of the existing 3,800-square-foot office/warehouse on
0.773 acres of property fronting Coppell Road.
TRANSPORTATION: Coppell Road is a two-lane concrete collector (C2U) street built
within a 50-foot right-of-way.
ITEM # 9
Page 2 of 2
SURROUNDING LAND USE & ZONING:
North - undeveloped; LI (Light Industrial)
South - Electric Switching Station; LI (Light Industrial)
East - Village at cottonwood Creek #5; SF-7 (Single Family-7)
West - undeveloped; LI (Light Industrial)
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property suitable for light
industrial and showroom uses.
DISCUSSION: This is a minor plat/replat request to join the vacant unplatted
property to the west with the existing development fronting on
Coppell Road (currently platted as Magnolia Fisheries). The plat is
depicting a proposed fire lane easement leading to the rear of
the existing structure with a turnaround shown with a 30-foot
radius. This has been enlarged on the site plan to a 35-foot radius
and will need to be reflected as such on the plat. The shaded
area is representing the current fire lane easement to be
abandoned and should be labeled as such. There is a large 90-
foot-100-foot electric easement bisecting this property and a 10-
foot slope, sidewalk and utility easement along Coppell Road.
These will remain in place and will carry forward with this
document. Staff is recommending approval of the replat and
minor plat subject to conditions listed below.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of Lot 1R, Block A, Magnolia Fisheries Minor Plat and
Replat subject to the following conditions:
1. Expand the fire lane easement radius to 35’ at the turnaround and label the
shaded area as “fire lane easement to be abandoned by this plat”.
2. Revise City Secretary signature block to read “Lot 1R, Block A, Magnolia
Fisheries.”
3. Contact Larry Redick at 972-323-8917 to discuss electric service requirements.
ALTERNATIVES:
1. Recommend approval of the request
2. Recommend disapproval of the request
3. Recommend modification of the request
ATTACHMENTS:
1. Minor Plat/Replat Document
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 9, 2008
11
✔
PUBLIC HEARING
Consider approval of the Vaughan Addition, Lot 1R, Block 1, Replat, being a replat of Lot 1, Block 1 to allow the
incorporation of 4,490 square feet of this property into Lots 3, 4 and 5, Block 1 of the Old Coppell Estates Addition, and
replat the remaining 1.154 acres of property located at 412 Bethel Road.
The following P&Z condition remains outstanding:
1. The Replat of Lots 3R, 4R, & 5R, Block 1, Old Coppell Estates Addition is approved.
On October 16, 2008, the Planning Commission unanimously
recommended approval of this replat (7-0), subject to the
above-stated condition. Commissioners Haas, Frnka, Jett, Shute,
Sangerhausen, Kittrell and Shipley voted in favor, none opposed.
Staff recommended APPROVAL.
@02 VA, Lot 1R, Blk 1, RP, 1-AR
ITEM # 10
Page 1 of 2
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Vaughan Addition, Lot 1R, Block 1, Replat
P&Z HEARING DATE: October 16, 2008
C.C. HEARING DATE: November 11, 2008
STAFF REP.: Matt S. Steer, City Planner
LOCATION: 412 West Bethel Road
SIZE OF AREA: 1.15 acres of property
CURRENT ZONING: H (Historic)
REQUEST: Replat approval to allow 4,490 total square-feet of the Vaughan
Addition to be added to Lots 3R, 4R and 5R, Block 1 of the Old
Coppell Estates Addition, and replat the remaining 1.15 acres of
property.
APPLICANT: Applicant: Engineer:
Sharon Vaughan Matt Kostial
Britamer L.P. Oracle Engineering
P.O. Box 1609 7012 Lindsley Ave.
Coppell, Texas 75019 Dallas, Texas 75223
Phone: (469) 549-9991 Phone: (214) 321-1436
Fax: (469) 549-9998 Email: mattkostial@sbcglobal.net
HISTORY: The Site Plan and Minor Plat for the Vaughan Addition were
approved in September of 2005. This allowed for the addition of a
porch structure at the front and a parking area along the side of
the proposed conversion from a residence to an office.
TRANSPORTATION: West Bethel Road is a two-lane asphalt road contained within a
variable width right-of-way. Freese and Nichols has prepared the
ITEM # 10
Page 2 of 2
construction plans, which are now 90% complete, showing
variable right-of-way widths and approximately 28 feet of
pavement with angled parking spaces adjacent to this request.
Construction is scheduled to begin in the third quarter of 2009.
SURROUNDING LAND USE & ZONING:
North – Hunterwood Park; H (Historic)
South – residential and Old Town Medical Center; H (Historic) &
PD-108R6-H (Planned Devleopment-108 Revision 6-Historic);
East – substation & residential; H (Historic) & SF-9 (Single Family-9)
West - office; H (Historic)
COMPREHENSIVE PLAN: The Comprehensive Plan, as amended, shows the property as
suitable for a use allowed in the Historic District (office use is
appropriate).
DISCUSSION: This is the first of a two-part request to incorporate a 20-foot wide
strip of land into three adjacent lots to the east of the back
portion of this property. The total amount of land to be divided
off is approximately 4,500 square-feet, reducing this lot size to 1.15
acres. Subsequently, Lots 3R, 4R and 5R, Block 1 of the Old
Coppell Estates Addition are proposed to be replatted to
incorporate the change. Staff is recommending approval, as this
is simply a 20-foot property line shift between two adjacent
subdivisions.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of Lot 1R, Block 1, Vaughan Addition Replat subject
to the following conditions:
1. The Replat of Lots 3R, 4R, & 5R, Block 1, Old Coppell Estates Addition is
approved.
2. Remove the word “minor” from the plat title and remove from the signature
blocks accordingly.
3. Rearrange signature blocks to include owner’s signature and notary under
the dedication language.
ALTERNATIVES:
1. Recommend approval of the request
2. Recommend disapproval of the request
3. Recommend modification of the request
ATTACHMENTS:
1. Replat
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 9, 2008
12
✔
PUBLIC HEARING
Consider approval of Case No. ZC-623, East Bethel Road, zoning change from R (Retail) to SF-12 (Single Family-12) to
allow the construction of a single-family home on 0.6278 acres of property located on the north side of Bethel Road,
approximately 315 feet east of Denton Tap Road.
P&Z approval recommendation was subject to this property being re-platted to insure an SF-12 buildable area can be
accommodated, prior to the issuance of a building permit for a single family home for this property. The replat shall
include the following:
1. Revised Flood Plain, grading and drainage plans which defines the buildable area within this lot.
2. Tree Survey/Tree Removal Permit.
3. Request for a waiver of the alley requirement.
4. Payment of Impact Fees.
On November 20, 2008, the Planning Commission unanimously
recommended approval of this zoning change (7-0), subject to the
above-stated conditions. Commissioners Haas, Frnka, Jett, Shute,
Sangerhausen, Kittrell and Shipley voted in favor, none opposed.
Staff recommended APPROVAL.
@03 ZC-623, East Bethel Rd, 1-AR
ITEM # 4
Page 1 of 4
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: ZC-623, East Bethel Road
P&Z HEARING DATE: November 20, 2008
C.C. HEARING DATE: December 9, 2008
STAFF REP.: Marcie Diamond, Assistant Director of Planning
LOCATION: North side of Bethel Road, 315 feet east of Denton Tap Road
SIZE OF AREA: 0.6278 acres of property
CURRENT ZONING: R (Retail)
REQUEST: A zoning change to SF-12 (Single Family-12) to allow the
construction of a single-family home.
APPLICANT: Representative: Owner:
Mari K. Bailey, AICP Timothy & Ann Pletta
Michael R. COKER Co. 150 Bethel Road
2700 Swiss Ave, Suite 100 Coppell, Texas 75019
Dallas, Texas 75204
214- 821-6105
FAX: 214-821-6125
HISTORY: In 1988, the property abutting to the east was platted and
zoned PD-104 to allow the construction of 119 single family
homes (Creekview Addition), with lots ranging is size from 9,000
square feet to over one acre. The lot abutting the current
request area to the east has a base zoning of SF-12, with a
minimum house size of 2,200 square feet. The PD also included
common areas within the R.O.W of Bethel Road, at the entry
and at the terminus of this street.
ITEM # 4
Page 2 of 4
The Final Plat for Creekview Phase II included the northeast
and southeast corners of Denton Tap and Bethel Roads
(including the current request area) and was approved in
1993. In 2002, a replat and site plan for Salon on the Creek
which abuts the current area of request to the west, was
approved. The request area is a leave-out parcel between
the Salon and the residential subdivision.
TRANSPORTATION: Bethel Road is a residential street with 80’ R.O.W. adjacent to
this tract to accommodate a HOA maintained landscaped
median.
SURROUNDING LAND USE & ZONING:
North – Northlake Woodlands 5, Phase 1; SF-12
South – Office and Floodplain; R
East – Creekview Addition; PD-104 (SF-12 and SF-9)
West – Salon on the Creek and Floodplain; R
COMPREHENSIVE PLAN: The Comprehensive Plan designates this area as
Floodplain/open space.
DISCUSSION: As detailed in the history portion of this report, this parcel is
essentially a leave-out tract between the Salon on the Creek
to the west and a single family subdivision to the east. This
property is heavily wooded, and most of which is currently
within the FEMA Floodplain. The property owner desires to
construct a single family home on this 27,347 square foot lot.
A SF-12 designation is appropriate in that it reflects the
minimum lot sizes zoned to the east and north of this
property. This district requires a minimum lot size of 12,000
square feet and house size of 1,800 square feet. The
minimum side yard setbacks of 10% of the lot width (15 feet)
could also potentially be accommodated on this lot.
However, there are significant development issues which will
need to be addressed before the submission of a replat for
approval, as required prior to the issuance of a building
permit for a home on this property.
Flood Plain – There is significant topography on this tract
which does not readily lend itself to development. Currently
the entire property is designated as floodplain by FEMA. No
construction is permitted in the flood plain, therefore
appropriate studies will need to be undertaken and various
ITEM # 4
Page 3 of 4
permits will be required to relocate the floodplain line.
Detailed grading and drainage plans will also be required to
define the buildable area within this lot. In the event that it is
determined that there is buildable area within this lot, the
replat of this property will need to indicate that area once
the new flood plain boundary lines have been approved by
FEMA and the city.
Tree Survey /Tree Removal Permit - Per Section 12-34-2, Tree
Preservation Requirements of the Zoning Ordinance, a tree
survey and removal permit will be required prior to the
removal of any trees from the property. However, until the
limits of the flood plain and buildable areas are established,
it would be difficult to determine which trees would be
preserved and which removed. It is reasonable to assume
that any re-grading of the property will result in the
significant loss of trees from this property.
Alley Waiver – The Subdivision Ordinance requires that all
residential subdivisions have alleys. Given that this lot, as the
abutting lots, abut a flood plain area and do not have
alleys, a variance to this requirement, as part of the
replatting process, could be supported.
Impact Fees - Given that this property has never been
platted for residential uses, Impact Fees will be assessed as
follows:
o Park Fee: $1,285
o Roadway: $636.00
o Water/Wastewater: $2,011.50
o TOTAL ESTIMATED IMPACT FEES: $3,932.50
Payment of these fees will be required prior to filing the
replat with Dallas County.
Staff has concerns that this lot would not be buildable for a
single family home given flood plain and topography issues,
however, SF-12 Zoning is appropriate given the abutting
development patterns, and therefore can be conditionally
supported.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of ZC-623, rezoning from R to SF-
12, subject to this property being re-platted to insure an SF-12
buildable area can be accommodated, prior to the issuance of a
building permit for a single family home on this property. The replat
shall include the following:
ITEM # 4
Page 4 of 4
1. Revised Flood Plain, grading and drainage plans which
defines the buildable area within this lot.
2. Tree Survey/Tree Removal Permit.
3. Request for a waiver of the alley requirement.
4. Payment of Impact Fees.
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
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 9, 2008
13
✔
PUBLIC HEARING
Consider approval of Case No. S-1249-C, Sprouts, zoning change from C (Commercial) to S-1249-C (Special Use
Permit-1249-Commercial), to allow a 28,887-square-foot grocery store to occupy a portion of an existing building, to
modify the front elevations and add two trellis structures to the front of the building, located at 110 W. Sandy Lake
Road, Suite 180.
There are no outstanding P&Z conditions.
On November 20, 2008, the Planning Commission unanimously
recommended approval of this zoning change (7-0), subject to the
above-stated conditions. Commissioners Haas, Frnka, Jett, Shute,
Sangerhausen, Kittrell and Shipley voted in favor, none opposed.
Staff recommended APPROVAL.
@04 S-1249-C, Sprouts, 1-AR
ITEM # 5
Page 1 of 4
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: S-1249-C, Sprouts
P&Z HEARING DATE: November 20, 2008
C.C. HEARING DATE: December 9, 2008
STAFF REP.: Marcie Diamond, Assistant Director of Planning
LOCATION: 110 West Sandy Lake Road, Suite 180
SIZE OF AREA: 28,887 square feet
CURRENT ZONING: C (Commercial)
REQUEST: A zoning change to S-1249-C (Special Use Permit-1249-
Commercial), to allow an approximate 28,887-square-foot
grocery store to occupy a portion of an existing building, to
modify the front elevations and trellis structures to the front
of the building.
APPLICANT: Kathi Walp James Newberry
Jacobs Carter Burgess Sprouts Farmers Market
101 North 1st Avenue, Suite 3100 11811 N Tatum Blvd. Suite
Phoenix, AZ 85003 2400, Phoenix, AZ 85028
602-650-4959 480-814-8016
FAX: 602-253-1202
HISTORY: In 1987 Council approved a Final Plat for the development of
this shopping center, including an approximate 65,000 square
foot anchor grocery store. This store was originally a Scaggs
Alpha Beta and became an Albertsons in the mid-1990’s.
Albertsons closed it’s doors in June of this year.
ITEM # 5
Page 2 of 4
TRANSPORTATION: Sandy Lake is designated as a four lane divided thoroughfare,
and is scheduled for improvement in 2010. Denton Tap Road
is a six-lane divided thoroughfare built to standard within a
120-foot right-of-way.
SURROUNDING LAND USE & ZONING:
North - Everybody Fits, Ballet Academy and Taco Bell; PD-207-
C and C
South – Arbor Manors and Retail; PD-214R-C and R
East – Tom Thumb Shopping Center and Frost Bank; TC
West – Real Estate Office and Shadydale Acres; C and SF-12
COMPREHENSIVE PLAN: The Comprehensive Plan shows this property suitable for
Neighborhood Retail uses.
DISCUSSION: Sprouts Farmers Market, a grocery retailer, is requesting to
occupy approximately ½ of the former Albertsons store. As
of May of this year, there were 25 of these natural food
stores located in California, Arizona, Colorado and Texas.
There are plans to expand to 100 stores in the next five years.
This Coppell location is well suited for this use, as it has been
a grocery store for over 20 years.
Elevations
To accommodate this new user, the applicant is requesting
to modify the front façade of the building, add a cart
storage structure and receive approval for the attached
signage.
The applicant intends to construct two new tower/entry
features along the front façade of the building. The main
tower/entry will be an extension of the western edge of the
existing overhang, and have a height of 36” 10’ to the top of
the tower. A similar tower feature is conceptually indicated
for the eastern end of the existing overhang, to be
constructed by others, as it is not part of the SPROUTS lease
area. A secondary entrance is planned west of the primary
entrance and will also be enhanced with a smaller tower
feature which will not extend beyond the height of the
building nor protrude more that a few feet. Also being
added is an 11-foot-tall wood trellis structure, a similar
structure is also indicated adjacent to the area yet to be
leased.
The applicant submitted both black & white and color
elevation sheets. There is a discrepancy between these two
ITEM # 5
Page 3 of 4
drawings as to the replacement or removal of store front
and or windows between these two doors. There also
appears to be inconsistencies with the floor plan and the
elevations in terms of location of doors and other openings.
Clarifications are needed.
Signage
The attached signs will be white, individually mounted
channel letters, which will match the shade of white of the
existing, newer signs in this center which are compliant with
the Sign Regulations of the Zoning Ordinance. Three signs
are proposed; SPROUTS (76.4 sq. ft.), FARM FRESH PRODUCE
(24.4 sq. ft.) and NATURAL FOODS (18.5 sq. ft.), for a total of
119.3 square feet, which would be permitted along the
126’4” linear feet of frontage. No additional monument
signs are being requested. The applicant has stated that
they plan to add a name plate on the existing (non-
conforming) monument sign on Denton Tap Road.
Parking/Site Plan
Parking for retail is required at a ratio of one space per 200
square feet of gross floor area. At this ratio, this entire
building requires 325 parking spaces, and 373 parking
spaces are existing. Therefore, there is sufficient parking to
accommodate this use as well as the re-occupancy of the
rest of the building for a retail use. When this property was
platted in the 1980’s the anchor store separately platted this
building and a portion of the parking lot. The Deed
Restrictions on this property provides for mutual access,
shared parking and utilities among these separately platted
lots.
However, there are several drafting errors on the site plan
(i.e. not revising the parking counts to reflect the three cart
storage corrals proposed within the parking lot) as well as
discrepancies in the SITE DATA TABLE and the PARKING
CALCULATIONS. These discrepancies need to be rectified to
avoid confusion in the future.
Preliminary Engineering/Utility Plans
Even though this is a re-occupancy of an existing structure,
the division of this building to accommodate two users
means additional service lines are being brought to the
building. These lines need to be reflected on a utility plan,
and permits required from the Engineering Department
needs to be procured prior to any utility work within the
public right-of-way and/or tapping into existing lines.
ITEM # 5
Page 4 of 4
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of S-1249-C Sprouts, subject to the following
conditions:
1. Reconcile the inconsistencies between the floor plan and the
elevations and the color elevations vs. the black and white elevations.
2. Correct the following drafting errors on the site plan:
a. Revise/correct the scale of the drawing.
b. Correct square footage of lease space (28,092 and 28,887 both
appear on the site plan)
c. Delete/revise various random symbols which appear on the
plan but are not included in the Notes.
d. Resolve all the inconsistencies in the parking counts and
tabulations on the site plan (parking row counts), SITE DATA
TABLE and the PARKING CALCULATIONS.
3. Submission of a Utility Plan which includes all new utility lines which
connect with public lines and/or are within the public right-of-way.
ALTERNATIVES:
1. Recommend approval of the request
2. Recommend disapproval of the request
3. Recommend modification of the request
4. Take under advisement for reconsideration at a later date
ATTACHMENTS:
1. Site Plan
2. Floor Plan
3. Elevation/Signage
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 9, 2008
14
✔
PUBLIC HEARING
Consider approval of a Resolution granting a variance of one hundred (100') feet to SFM Beverages, Inc. d/b/a
Sprouts Farmers Market 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 110 Sandy Lake Road, Suite 180; and authorizing the Mayor to sign.
This variance is being filed for the Sprout's Farmers market at the northwest corner of Sandy Lake Road and Denton
Tap. The property line of this business is within 300 feet of the Coppell Montessori Academy which is located on Fitness
Court.
NOTE: A variance was previously granted at this location for the Albertson's Grocery Store.
Staff recommends approval.
%sprouts
APPLICATION FOR RETAILER'S PERMIT OR LICENSE
FORM L-101-A (1 2120071
BG WlNE AND BEER RETAILER'S PERMIT
BE BEER RETAIL DEALER'S ON-PREMISE LICENSE
BQ WlNE AND BEER RETAILER'S OFF-PREMISE PERMIT
BF BEER RETAIL DEALER'S OFF-PREMISE LICENSE NB PRIVATE CLUB BEER AND WINE PERMIT
BL RETAIL DEALER'S ON-PREMISE LATE HOURS LICENSE NE PRIVATE CLUB EXEMPTION CERTIFICATE PERMIT
BP BREWPUB LICENSE NL PRIVATE CLUB LATE HOURS PERMIT
V WINE & BEER RETAILER'S PERMIT FOR EXCURSION BOATS PE BEVERAGE CARTAGE PERMIT
Y WINE & BEER RETAILER'S PERMIT FOR RAILWAY DINING CAR MB MIXED BEVERAGE PERMIT
P PACKAGE STORE PERMIT LB MIXED BEVERAGE LATE HOURS PERMIT
Q WINE-ONLY PACKAGE STORE PERMIT MI MINIBAR PERMIT
LP LOCAL DISTRIBUTOR'S PERMIT CB CATERER'S PERMIT
(XI Corporation Joint Venture
Limited Liability Company
Limited Partnership
12 - Convenience Store without Gas
F. Does the applicant own the land and building at the proposed licensed location? F. Yes No (XI
COPPELL CITY OF Coppell
Application For Alcoholic Beverage Variance
APPI-ICATION FOR (CHECK ONE):
MIXED BEVERAGE RESTAURANT PERMIT WITH FB
PLEASE PRINT OR TYPE THE FOLLOWING:
APPLICANT'S NAME: SFM Beveraqes. Inc. dlbla Sprouts Farmers Market
Address C/O Praqer & Miller, P.C., 1491 1 Quorum Dr., Suite 320, Dallas, TX 75254
Phone Number pending
NAME OF ESTABI-ISHMENT: Sprouts Farmers Market
LOCATION OF ESTABLISHMENT (INCLUDING COUNTY): Address 110 West Sandv Lake Road,
Suite 180, Coppell, Texas 7501 9-2529
Legal Description - see attached .
/ //
Signature: hm A' Date: // - &,T- && 8
Property Owner's NAME: ' Travis Craiqhead, President
Address 1831 Palo Pinto Drive, Allen. TX 7501 3
Phone Number 2 14-460-3337
Sec. 6-16-2 General Requirements.
A. The sale of beer in residential areas or within residential zoning districts is prohibited.
B. Where otherwise allowed, the legal sale of alcoholic beverages as permitted for on-premise or off-premise consumption shall
not occur after 12 midnight or before 7 a.m. except for on Sunday where such legal sale shall not occur after 12 midnight or before 12 noon.
C. Alcoholic beverages shall not be sold by a dealer whose place of business is within 300 feet of a church, public or private
school, or public hospital. This Subsection does not apply to the holder of
1. A license or permit who also holds a food and beverage certificate covering a premise that is located within 300 feet of
a private school; or
2. A license or permit covering a premise where minors are prohibited from entering under Section 109.53 of the Texas
Alcoholic Beverage Code. as amended, and that is located within 300 feet of a private school.
D. A private school may request from the governing body of the city of Coppell that sales be prohibited within one
thousand feet (1,000') of the property of said school.
E. The measurement of the distance between the place of business where alcoholic beverages are sold and the church or public
hospital shall be along the property lines of the street fronts and from front door to front door. and in direct line across intersections.
F. The measurement of the distance between the place of business where alcoholic beverages are sold and the public or private
school shall be:
1. in a direct line from the property line of the public or private school to the property line of the place of business, and in
a direct line across intersections; or
2. if the permit or license holder is located on or above the fifth story of a multistory building, in a direct line from the
property line of the public or private school to the property line of the place of business, in a direct line across
intersections, and vertically up the building at the property line to the base of the floor on which the permit or license
holder is located.
G. Every applicant for an original alcoholic beverage license or permit for a location with a door by which the public may enter
the place of business of the applicant that is within 1,000 feet of the nearest property line of a public or private school, measured along street
lines and directly across intersections, must give written notice of the application to officials of the public or private school before filing the
application with the Texas Alcoholic Beverage Commission. A copy of the notice must be submitted to the commission with the application.
This subsection does not apply to a permit or license covering a premise where minors are prohibited from entering the premises.
H. The City Council may after a Public Hearing and a publication of a notice ten (10) days prior to the Hearing in the official
City newspaper, allow variances to the regulation if it determines that enforcement of the regulation in a particular instance is not in the best
interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or
permit, does not serve its intended purpose, is not effective or necessary, or for any other reason, after consideration of the health, safety. and
welfare of the public and the equities of the situation, determines is in the best interest of the community.
Sec. 6-16-3 Day Cares 1 Child Care Facilities.
Provisions of Section 6-16-2 relating to a public school also apply to a day-care center and a child-care facility as those terms are
defined by Section 42.002, Human Resources Code for a permit or license holder under Chapter 25, 28, 32, 69, or 74 who does not hold a
food or beverage certificate. This Subsection does not apply to a permit or license holder who sells alcoholic beverages if
I. The permit or license holder and the day-care center or child-care facility are located on different stories of a
multistory building; or
2. the permit or license holder and the day-care center or child-care facility are located in separate buildings and either
the permit or license holder or the day-care center or child-care facility is located on the second story or higher of a
multistory building."
Date Received: 11 .. 25 . 0a CITY SECRETARY USE ONLY
Date not'- publish6d in n
Date of Council Meeting:
Application Approved: Yes No
Signed by: Date:
NOTICE OF PUBLIC HEARING
The City Council of the city of Coppell will hold a public hearing on Tuesday, the 9th day
of December, 2008, at 7:00 p.m., in the Coppell Town Center, for the purpose of
considering a variance filed by SFM Beverages, Inc. d/b/a Sprouts Farmers Market who
has submitted an application for Wine and Beer Retailer’s Off-Premise Permit at 110
Sandy Lake Road, Suite 180, which address falls within 300 feet of a public or private
school or day care center. Any citizen of the City or other party of interest may also
express his or her opinion concerning this request by letter addressed to the city of
Coppell City Secretary Department, 255 Parkway Boulevard, Coppell, TX 75019
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).
SproutsCoppell MontessoriSandy Lake RdOak TrlDenton Tap RdDickens DrShadydale LnTennyson PlTown Center DrTown Center Blvd Heather Glen DrGeorgian DrWillow LnChaucer CtShady Oaks Park Valley DrGreenwood Ct0 150 300 450 60075FeetµSprouts
RESOLUTION NO. ______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, GRANTING A DISTANCE VARIANCE OF
ONE HUNDRED (100’) FEET TO SFM BEVERAGES, INC. d/b/a
SPROUTS FARMERS MARKET, LOCATED AT 110 SANDY LAKE
ROAD, 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, Sprouts Farmers Market (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 create 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 one hundred (100’) feet shall be granted to Sprouts
Farmers Market, located at 110 Sandy Lake Road, Suite 180, Coppell, Dallas County, Texas,
as provided in Section 6-16-2 (H) of the Code of Ordinances of the City of Coppell.
1
SECTION 2. That this Resolution shall take effect immediately from and after its
passage as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the 9th day
of December, 2008.
APPROVED:
___________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
___________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 11/25/08)
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 9, 2008
15
✔
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 described as Freeport north Lot 5R.2 (11.42 acres), located at the NEC of Royal Lane and Creekview Drive,
Coppell, Texas.
The Public Hearing Notice was published in the Citizens Advocate on Friday, November, 28, 2008.
Approve the designation of a reinvestment zone pursuant to Section
312.201 of the Property Redevelopment and Tax Abatement Act for
the property described as Freeport north Lot 5R.2 (11.42 acres),
located at the NEC of Royal Lane and Creekview Drive, Coppell,
Texas.
!Derse Exhibits PH - 1AR
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 9th day of December,
2008, at 7:00 P.M., to consider designation of the property
described as Freeport North Lot 5R.2 (11.42 acres), located at
the NEC of Royal Lane and Creekview Drive, Coppell, Texas, Derse
Exihibts, 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 November 28, 2008
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 9, 2008
16
✔
ORDINANCE
Consider approval of an Ordinance designating Derse Exhibits, Inc. , Reinvestment Zone No. 60, and authorizing the
Mayor to sign.
City Council is scheduled to conduct a Public Hearing regarding designation of the reinvestment zone on December
9, 2008.
Approve an Ordinance designating Derse Exhibits, Inc. , Reinvestment
Zone No. 60, and authorize the Mayor to sign.
!Derse Exhibits Ord - 1 AR
1 33114
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DESIGNATING
REINVESTMENT ZONE NO. 60 (DERSE EXHIBITS); 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. 60 DERSE EXHIBITS).”
2 33114
SECTION 3. That the property within Reinvestment Zone No. 60 is eligible for
commercial-industrial tax abatement effective on January 1, 2009.
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
___________________, 2008.
APPROVED:
DOUGLAS STOVER, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
CITY ATTORNEY
(PGS/tc 11/25/08)(33114)
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 9, 2008
17
✔
RESOLUTION
Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Derse
Exhibits, Inc., and authorizing the Mayor to sign.
City Council held a Public Hearing regarding the designation of reinvestment zone number 60 on December 9, 2008.
The Coppell Economic Development Committee unanimously recommended approval of this abatement agreement
request on March 5, 2008.
Approve the Tax Abatement Agreement between the City of Coppell
and Derse Exhibits, Inc. and authorize the Mayor to sign it.
!Derse Exhibits Res - 1 AR
1
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 DERSE EXHIBITS, INC.;
AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by
and between the City of Coppell, Texas and Derse Exhibits, Inc., a copy of which is attached hereto
and incorporated herein by reference; and
WHEREAS, upon full review and consideration of the Agreement, and all matters related
thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be
approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City
of Coppell, Texas;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS, THAT:
SECTION 1. The Agreement attached hereto having been reviewed by the City Council
of the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its
citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to
execute the Agreement on behalf of the City of Coppell, Texas.
SECTION 2. The 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
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 ________________, 2008.
CITY OF COPPELL, TEXAS
___________________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
___________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
____________________________________
CITY ATTORNEY
(PGS/tc 12/03/08)
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Derse Associates Dallas LLC//Coppell //Tax Abatement Agreement –Page 1 33234
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 Derse Associates Dallas, LLC, a Texas (“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. 60 (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, the Owner is the owner the land described in Exhibit “A” (the “Land”) and the
existing improvements thereon located at 586 South Royal Lane Coppell, Texas and intends to
expand its showroom and add approximately 60,000 square feet of warehouse space to the existing
improvements (hereinafter defined as the “Improvements”); 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, 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
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Derse Associates Dallas LLC//Coppell //Tax Abatement Agreement –Page 2 33234
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 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 Improvements” shall mean the existing improvements on the Land in which
this Agreement is executed (2008).
“Base Year Taxable Value” shall mean the Taxable Value for the Base Year
Improvements for the year in which this Agreement is executed (2008).
“Commencement of Construction” shall mean that” (i) the plans have been prepared and
a building permit has been obtained from the City for construction of the Improvements; (ii) all
necessary permits for the Commencement of Construction of the Improvements have been issued
by all applicable governmental authorities; and (iii) clearing and/or 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 first final permanent certificate of occupancy has been issued for 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
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Derse Associates Dallas LLC//Coppell //Tax Abatement Agreement –Page 3 33234
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 permanent certificate of occupancy for 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 the addition of approximately 60,000 square feet of warehouse
space to the existing improvements (Base Year Improvements) on the Land located at 586 South
Royal Lane Coppell, Texas together with required parking and landscaping in accordance with
submittals filed with the City in order to obtain building permits from time to time.
“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 reasonably satisfactory evidence that the benefits of this Tax Abatement Agreement
have been provided to any such tenants.
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Derse Associates Dallas LLC//Coppell //Tax Abatement Agreement –Page 4 33234
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 Taxable
Value of the Improvements, excluding the Land, is at least 5.5 Million Dollars ($5,500,000.00) 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 twenty-five percent (25%) of
the Taxable Value of the Improvements 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 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 of the Base Year
Improvements.
3.3 The period of tax abatement herein authorized with respect to the Improvements
shall be for a period of five (5) consecutive years, commencing with the First Year of Abatement.
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; provided, however, Owner shall have no obligation to construct the
Improvements on the Land but the construction of the Improvements 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 December 31, 2009, 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).
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Derse Associates Dallas LLC//Coppell //Tax Abatement Agreement –Page 5 33234
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 in a manner consistent with the comprehensive zoning ordinance of
the City commencing on the date the first final permanent certificate of occupancy is issued for
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 prior
written notice to Owner (which shall not be less than forty-eight (48) hours prior notice), 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 Commencement or 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 in Section 5.2
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 written 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 written demand.
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.
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.
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Derse Associates Dallas LLC//Coppell //Tax Abatement Agreement –Page 6 33234
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 thirty (30) days after a notice of termination is made. The City shall have all
remedies for the collection of the abated tax provided generally in the Tax Code for the collection of
delinquent property tax. The City at its sole discretion has the option to provide a repayment
schedule. The computation of the abated tax for the purposes of the Agreement shall be based upon
the full Taxable Value of the Improvements, without tax abatement for the years in which tax
abatement hereunder was received by the Owner, as determined by the Appraisal District,
multiplied by the tax rate of the years in question, as calculated by the City Tax Assessor-Collector.
The liquidated damages shall incur penalties as provided for delinquent taxes and shall commence
to accrue after expiration of the thirty (30) day payment period.
Article 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:
Derse Associates Dallas, LLC
586 South Royal Lane
Coppell, Texas 75019
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Derse Associates Dallas LLC//Coppell //Tax Abatement Agreement –Page 7 33234
Attn: City Manager
City of Coppell, Texas
P. O. Box 478
Coppell, Texas 75019
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.
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Derse Associates Dallas LLC//Coppell //Tax Abatement Agreement –Page 8 33234
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.
EXECUTED in duplicate originals the ____ day of _______________, 2008.
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 _______________, 2008.
Derse Associates Dallas, LLC
By:_______________________________________
Name: _________________
Title: ____________________
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Derse Associates Dallas LLC//Coppell //Tax Abatement Agreement –Page 9 33234
City’s Acknowledgment
State of Texas §
§
County of Dallas §
This instrument was acknowledged Before Me on the ____ day of _______________,
2008, 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 Dallas §
This instrument was acknowledged Before Me on the ____ day of ________________,
2008, by _______________, _________________ of Derse Associates Dallas, LLC, a Texas
___________, on behalf of said _______________.
Notary Public, State of Texas
My Commission Expires:
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Derse Associates Dallas LLC//Coppell //Tax Abatement Agreement –Page 10 33234
Exhibit “A”
Legal Description of Land
To Be Attached
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 9, 2008
18
✔
PROCEDURAL
Consider approval of a Resolution approving a letter of support for the creation of a Foreign Trade Zone to be located
at 301 S. Northpoint in Coppell, Texas, and authorizing the Mayor to sign.
Transwestern Commercial Services is requesting a letter of support from the City of Coppell to modify the existing
boundaries of Foreign Trade Zone (FTZ) No. 168 to include 301 S. Northpoint. This letter of support is just one step in the
process to receive FTZ status for this building. This FTZ is being considered as an incentive for the potential relocation of
a prospective company. If 301 S. Nortpoint is not the chosen location for this prospective company, the letter of
support will not be issued.
Approve a Resolution approving a letter of support for the creation of
a Foreign Trade Zone to be located at 301 S. Northpoint in Coppell,
Texas, and authorize the Mayor to sign.
!FTZ Amberpoint - 1 AR
1 77174
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS,
SUPPORTING THE ESTABLISHMENT OF A FOREIGN TRADE ZONE TO BE LOCATED AT
301 S. NORTHPOINT, COPPELL, TEXAS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has been presented with a request from Transwestern Commercial
Services for the City to support the establishment of a foreign trade zone at 301 S. Northpoint, Coppell,
Texas 75019; and
WHEREAS, the City Council finds that the establishment of a foreign trade zone would generate
employment and enhance economic development within the community.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
SECTION 1. That the City Council of the City of Coppell, Texas, does hereby support the
establishment of a foreign trade zone located at 301 S. Northpoint, Coppell, Texas 75019.
SECTION 2. This Resolution shall become effective immediately from and after its passage, as
the law and charter in such cases provide.
DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this the
_______ day of _______________, 2008.
APPROVED:
DOUGLAS N. STOVER, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
ROBERT E. HAGER, CITY ATTORNEY
(PGS/si 12/1/08)
December 9, 2008
Mr. Dennis Puccinelli
Foreign-Trade Zones Board
U.S. Department of Commerce
FCB-Suite 4100W
1401 Constitution Ave., NW
Washington D.C. 20230
Re: Foreign Trade Zone Application
Dear Mr. Puccinelli,
Please accept this letter of support for the Dallas/Fort Worth Foreign Trade Zone No. 168
application to establish a Foreign Trade Zone facility located at 301 S. Northpoint, Coppell,
Texas 75019. The City of Coppell is very active in promoting economic development and
business attraction for the City. This facility will bring new business to our city. We are always
willing to support businesses in ways that will help create more jobs and aid in their continued
success.
The establishment of a Foreign Trade Zone and the associated economic benefits that it
provides to companies, especially on an international trading basis, is consistent with the City’s
economic development objectives.
We ask for the Foreign Trade Zone Board to give this application a favorable decision at the
soonest possible date. If the City can be of any further assistance, please do not hesitate to call
upon us.
Sincerely,
Douglas N. Stover
Mayor
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 9, 2008
19
✔
PROCEDURAL
Consider approval of a Resolution approving a letter of support for the creation of a Foreign Trade Zone to be located
at 240 Dividend Road, 400 Dividend Road and 1475 S. Belt Line Road in Coppell, Texas, and authorizing the Mayor to
sign.
Duke Realty Corporation is requesting a letter of support from the City of Coppell to modify the existing boundaries of
Foreign Trade Zone (FTZ) No. 168 to include 240 Dividend Road, 400 Dividend Road and 1475 S. Belt Line Roa. This
letter of support is just one step in the process to receive FTZ status for Duke Realty. This FTZ is being considered to help
finalize the decision for a relocation of a prospective company. If Point West is not the chosen location for this
prospective company, the letter of support will not be issued.
Approve a Resolution approving a letter of support for the creation of
a Foreign Trade Zone to be located at 240 Dividend Road, 400
Dividend Road and 1475 S. Belt Line Road in Coppell, Texas, and
authorize the Mayor to sign.
!FTZ Point West - 1 AR
1 77174
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS,
SUPPORTING THE ESTABLISHMENT OF A FOREIGN TRADE ZONE TO BE LOCATED AT
240 DIVIDEND ROAD, 400 DIVIDEND ROAD AND 1475 S. BELT LINE ROAD, COPPELL,
TEXAS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has been presented with a request from Duke Realty Corporation
for the City to support the establishment of a foreign trade zone at 240 Dividend Road, 400 Dividend
Road and 1475 S. Belt Line Road, Coppell, Texas 75019; and
WHEREAS, the City Council finds that the establishment of a foreign trade zone would generate
employment and enhance economic development within the community.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
SECTION 1. That the City Council of the City of Coppell, Texas, does hereby support the
establishment of a foreign trade zone located at 240 Dividend Road, 400 Dividend Road and 1475 S. Belt
Line Road, Coppell, Texas 75019.
SECTION 2. This Resolution shall become effective immediately from and after its passage, as
the law and charter in such cases provide.
DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this the
_______ day of _______________, 2008.
APPROVED:
DOUGLAS N. STOVER, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
ROBERT E. HAGER, CITY ATTORNEY
(PGS/si 12/1/08)
December 9, 2008
Mr. Dennis Puccinelli
Foreign-Trade Zones Board
U.S. Department of Commerce
FCB-Suite 4100W
1401 Constitution Ave., NW
Washington D.C. 20230
Re: Foreign Trade Zone Application
Dear Mr. Puccinelli,
Please accept this letter of support for the Dallas/Fort Worth Foreign Trade Zone No. 168
application to establish Foreign Trade Zone facilities located at 240 Dividend Road, 400
Dividend Road and 1475 S. Belt Line Road, Coppell, Texas 75019. The City of Coppell is very
active in promoting economic development and business attraction for the City. This facility will
bring new business to our city. We are always willing to support businesses in ways that will
help create more jobs and aid in their continued success.
The establishment of a Foreign Trade Zone and the associated economic benefits that it
provides to companies, especially on an international trading basis, is consistent with the City’s
economic development objectives.
We ask for the Foreign Trade Zone Board to give this application a favorable decision at the
soonest possible date. If the City can be of any further assistance, please do not hesitate to call
upon us.
Sincerely,
Douglas N. Stover
Mayor
AGENDA REQUEST FORM DATE: December 9, 2008
ITEM #: 20
MAYOR AND COUNCIL REPORTS
A. Report by Mayor Stover regarding the Metroplex Mayors’ Meeting.
B. Report by Mayor Stover regarding Jim Witt Reception/Clay Phillips Swearing in on
December 16.
C. Report by Mayor Stover regarding the Christmas Parade on December 6.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
AGENDA REQUEST FORM
DATE: December 9, 2008
ITEM #: 21
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork
AGENDA REQUEST FORM
DATE: December 9, 2008
ITEM #: 22
NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec
CERTIFICATE OF AGENDA ITEM SUBMISSION
Council Meeting Date: December 9, 2008
Department Submissions:
Item Nos. 8/G, 8/H, 8/I, 10, 11, 12 and 13 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)