CP 2010-10-26
NOTICE OF CITY COUNCIL MEETING AND AGENDA
OCTOBER 26, 2010
BOB MAHALIK, Place 2
Mayor Pro Tem
TIM BRANCHEAU, Place 1 BILLY FAUGHT, Place 5
BRIANNA HINOJOSA-FLORES, Place 3 MARVIN FRANKLIN, Place 6
MARSHA TUNNELL, Place 4 KAREN HUNT, Place 7
CLAY PHILLIPS, City Manager
MEETING TIME AND PLACE:
Call to Order 6:00 p.m. Council Chambers (Open to the Public)
Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public)
Regular Session 7:30 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, October 26, 2010, at 6:00 p.m. for
Executive Session and Regular Session will begin at 7:30 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 and Section 551.072 – Deliberation regarding Real
Property.
1. Seek legal advice from the City Attorney concerning the
settlement and land purchases agreements with the
Billingsleys at Northlake.
B. Section 551.087, Texas Government Code – Economic
Development Negotiations.
1. North of Bethel Road and East of Royal Lane.
2. West of Belt Line Road and North of Airline Drive.
C. Section 551.072, Texas Government Code - Deliberation regarding
Real Property and Section 551.087 – Economic Development
Negotiations.
1. West of Coppell Road and South of Bethel Road.
REGULAR SESSION (Open to the Public)
3. Convene Regular Session.
4. Invocation.
5. Pledge of Allegiance.
6. Consider approval of a Proclamation naming the week of October 23
through October 31, 2010 as Red Ribbon Week, and authorizing the
Mayor Pro Tem to sign.
7. Consider approval of a proclamation naming the week of November 1,
2010 - November 5, 2010 as Municipal Courts Week, and authorizing the
Mayor Pro Tem to sign.
8. Citizens' Appearances
CONSENT AGENDA
9. Consider approval of the following consent agenda items:
A. Consider approval of minutes: October 12, 2010.
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ITEM # ITEM DESCRIPTION
B. Consider approval of accepting the resignation of Brian Letzkus
from the Coppell Education Development Corporation.
C. Consider approval of an Annual Report from the Coppell Education
Development Corporation.
D. Consider approval of a Resolution approving an Amended and
Restated Tax Abatement Agreement between the City of Coppell
and CCI-B Gateway I, LP, and authorizing the Mayor Pro Tem to
sign.
END OF CONSENT
10. City Manager's Report.
A. Project Update and Future Agendas.
11. Public Service Announcements concerning items of community interest
and no Council action or deliberation is permitted.
12. Council Committee Reports.
A. Carrollton/Farmers Branch ISD/Lewisville ISD – Tunnell.
B. Coppell ISD – Mahalik and Hinojosa-Flores.
C. Coppell Seniors – Brancheau and Faught.
D. Dallas Regional Mobility Coalition –Hunt.
E. International Council for Local Environmental Initiatives (ICLEI) –
Brancheau.
F. Metrocrest Hospital Authority – Tunnell.
G. Metrocrest Medical Foundation – Mahalik.
H. Metrocrest Medical Services – Hinojosa-Flores.
I. Metrocrest Social Services – Franklin.
J. North Texas Council of Governments – Tunnell.
K. North Texas Commission – Hunt.
L. Senior Adult Services – Franklin.
13. Necessary action resulting from Executive Session.
Adjournment.
____________________________________
Bob Mahalik, Mayor Pro Tem
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CERTIFICATE
I certify that the above Notice of Meeting was posted on the bulletin board at
the City Hall of the City of Coppell, Texas on this 22nd day of October, 2010, at
__________________.
____________________________________
Libby Ball, City Secretary
DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON
THE CITY'S WEBSITE (www.coppelltx.gov) 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: October 26, 2010
ITEM #: ES-2
EXECUTIVE SESSION
A. Section 551.071, Texas Government Code – Consultation with City Attorney and
Section 551.072 – Deliberation regarding Real Property.
1. Seek legal advice from the City Attorney concerning the settlement and
land purchases agreements with the Billingsleys at Northlake.
B. Section 551.087, Texas Government Code – Economic Development
Negotiations.
1. North of Bethel Road and East of Royal Lane.
2. West of Belt Line Road and North of Airline Drive.
C. Section 551.072, Texas Government Code – Deliberation regarding Real
Property and Section 551.087 – Economic Development Negotiations.
1. West of Coppell Road and South of Bethel Road.
Agenda Request Form - Revised 02/04 Document Name: %exsessn
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Police
October 26, 2010
6
✔
PROCLAMATION
Consider approval of a Proclamation naming the week of October 23 through October 31, 2010 as RED RIBBON WEEK,
and authorizing the Mayor Pro Tem to sign.
Along with other Metrocrest cities, the City of Coppell, through its representatives, has participated in the Metrocrest
Red Ribbon Campaign Committee's efforts to combat alcohol & drug abuse in our communities. It is our desire to
present a uniformed and visible commitment toward a drug-free community, particularly during the Texas Red Ribbon
Week, October 23 - 31, 2010. Members of the Police Department as well as various school and city officials will attend
a Red Ribbon Breakfast on October 22nd to gear up for the event. McGruff and Coppell Police Officers will make
visits to the elementary schools in Coppell. Red Ribbons have been distributed to all city employees and will be worn
to promote the week. Therefore, submitted herewith is a proclamation for consideration by City Council to proclaim
October 23 - 31, 2010 as RED RIBBON WEEK.
Staff recommends approval.
)Red Ribbon Week
Proclamation
WHEREAS, tobacco, alcohol, and other drug use has reached epidemic stages in the
United States, with the 15-24 year old age group dying at a rate which is higher than that of any
other age group; and
WHEREAS, in an effort to combat the continuing demand for drugs in our country, it is
imperative that our community launch a visible, unified prevention education effort directed
toward both youth and adult age groups; and
WHEREAS, Texans’ War on Drugs is sponsoring the Red Ribbon Campaign all across
our State during Red Ribbon Week, October 23 through October 31, 2010, to offer Texans the
opportunity to demonstrate their commitment to drug-free lifestyles; and
WHEREAS, individuals and groups in business, government, law enforcement,
education, religious institutions, athletic and service organizations, and others will demonstrate
their commitment to drug-free, healthy lifestyles by wearing and displaying Red Ribbons during
Red Ribbon Week; and
WHEREAS, the Coppell Police Department desires to present a uniformed and visible
commitment toward a drug-free community, particularly during the Texas Red Ribbon Week,
and plan to involve all segments of our community: schools, churches, businesses and industry,
media, and City employees.
NOW, THEREFORE, I, Bob Mahalik, Mayor Pro Tem of the City of Coppell, do
hereby proclaim the week of October 23 through October 31, 2010 as
“Red Ribbon Week”
in the City of Coppell, Dallas County, Texas. The Mayor and City Council call on all citizens to
join in this worthwhile campaign toward a drug-free community.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of
Coppell to be affixed this ___________ day of October 2010.
____________________________________
Bob Mahalik, Mayor Pro Tem
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:
Municipal Court
October 26, 2010
7
✔
PROCLAMATION
Consider approval of a proclamation naming the week of November 1, 2010 - November 5, 2010 as Municipal Courts
Week, and authorizing the Mayor Pro Tem to sign.
&Municipal Court Week -1AR
PROCLAMATION
WHEREAS, there are 913 municipal courts that handle over 7 million cases and more than 3,800 jury trials
every year; and
WHEREAS, municipal judges make up over one third of the entire state's judiciary; and
WHEREAS, more people come in personal contact with municipal courts than all other Texas courts
combined, and the public perception of the entire Texas judicial system is largely dependent upon the public’s
experience in municipal court; and
WHEREAS, municipal courts serve as the local justice center for the enforcement of local ordinances and
fine-only state offenses that protect the peace and dignity of our community; and
WHEREAS, municipal judges, court support personnel, and marshals have pledged to be ever mindful of
their neutrality and impartiality, rendering equal service to all, and conform to the standards set by the Canons of
Judicial Conduct; and
WHEREAS, the municipal judges, clerks, and marshals continually strive to improve the administration of
justice through participation in judicial education programs, seminars, workshops and the annual meetings of their
state and local professional organizations; and
WHEREAS, it is most appropriate that we recognize the accomplishments of the 913 Texas Municipal
Courts, and of the Coppell Municipal Court Number 1, and salute their critical role in preserving public safety,
protecting the quality of life and deterring future criminal behavior in Texas communities and in our community.
NOW, THEREFORE, I, Bob Mahalik, Mayor Pro Tem of the City of Coppell, Texas, do hereby proclaim
November 1-5, 2010 as
“Municipal Court Week”
AND FURTHER THEREFORE, extend appreciation to the municipal judges, court clerks, and marshals
throughout Texas and to our Presiding and Alternate Municipal Judges and court support personnel for the vital
services they perform and their exemplary dedication to our community. I call upon all residents of Coppell to join
with the City Council in recognizing the vital service they perform and their exemplary dedication to the community
they represent.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this
____ day of October, 2010.
_____________________________
Bob Mahalik, Mayor Pro Tem
ATTEST:
____________________________
Libby Ball, City Secretary
AGENDA REQUEST FORM
DATE: October 26, 2010
ITEM #: 8
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
October 26, 2010
9/A
✔
PROCEDURAL
Consider approval of minutes: October 12, 2010.
Minutes of the City Council meeting held on October 12, 2010.
Staff recommends approval.
%minutes
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MINUTES OF OCTOBER 12, 2010
The City Council of the City of Coppell met in Regular Called Session on Tuesday,
October 12, 2010, at 6:30 p.m. in the City Council Chambers of Town Center,
255 Parkway Boulevard, Coppell, Texas. The following members were present:
Bob Mahalik, Mayor Pro Tem
Tim Brancheau, Councilmember
Brianna Hinojosa-Flores, Councilmember
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Marvin Franklin, Councilmember
Karen Hunt, Councilmember
Also present were City Manager Clay Phillips, City Secretary Libby Ball and City
Attorney Robert Hager.
1. Call to order.
Mayor Pro Tem Mahalik called the meeting to order, determined that a
quorum was present and convened into Executive Session.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.072, Texas Government Code - Deliberation
regarding Real Property.
1. Discussion regarding the Northlake Property.
Mayor Pro Tem Mahalik convened into Executive Session at 6:40 p.m.
Mayor Pro Tem Mahalik adjourned the Executive Session at 6:50 p.m. and
opened the Work Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding Dallas Regional Mobility Coalition
appointment.
B. Discussion regarding Solutions for Local Control.
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C. Discussion regarding Innovative Transportation Solutions.
D. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Pastor Jarrod Robinson, Riverside Church of Christ, led those present in
the Invocation.
6. Pledge of Allegiance.
Mayor Pro Tem Mahalik led those present in the Pledge of Allegiance.
7. Consider approval of a proclamation naming the month of
November Coppell ISD Education Foundation Month, and
authorizing the Mayor Pro Tem to sign.
Presentation:
Mayor Pro Tem Mahalik read the proclamation for the record and presented
the same to Carmen Vlahos.
Action:
Councilmember Hinojosa-Flores moved to approve the proclamation
naming the month of November Coppell ISD Education Foundation Month,
and authorizing the Mayor Pro Tem to sign. Councilmember Brancheau
seconded the motion; the motion carried 7-0 with Mayor Pro Tem Mahalik
and Councilmembers Brancheau, Hinojosa-Flores, Tunnell, Faught,
Franklin and Hunt voting in favor of the motion.
8. Citizens' Appearances.
Mayor Pro Tem Mahalik advised no one signed up to speak.
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9. Consider approval of minutes: September 28, 2010.
Action:
Councilmember Tunnell moved to approve the minutes of
September 28, 2010. Councilmember Hunt seconded the motion; the
motion carried 7-0 with Mayor Pro Tem Mahalik and Councilmembers
Brancheau, Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in
favor of the motion.
10. PUBLIC HEARING:
Consider approval of Case No. PD-214R4-C, Arbor Manors
Addition, Lot 4R1, Block A, (Medical Office), a zoning change
request from PD-214R2-C (Planned Development-214 Revision 2-
Commercial) to PD-214R4-C (Planned Development-214 Revision
4-Commercial), to attach a Detail Plan to allow the construction
of a 4,639-square-foot medical office building on 0.69 acres of
property, located at the northwest corner of South Denton Tap
Road and West Braewood Drive.
Presentation:
Gary Sieb, Director of Planning, made a presentation to Council.
Dr. Trent Elliott and Bill Pantuso, representing the applicant, addressed
questions of the Council.
Public Hearing:
Mayor Pro Tem Mahalik opened the Public Hearing and advised no one
signed up to speak.
Action:
Councilmember Faught moved to close the Public Hearing and approve
Case No. PD-214R4-C, Arbor Manors Addition, Lot 4R1, Block A, (Medical
Office), a zoning change request from PD-214R2-C (Planned Development-
214 Revision 2-Commercial) to PD-214R4-C (Planned Development-214
Revision 4-Commercial), to attach a Detail Plan to allow the construction of
a 4,639-square-foot medical office building on 0.69 acres of property,
located at the northwest corner of South Denton Tap Road and West
Braewood Drive, subject to the following conditions:
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1) A Tree Removal Permit required prior to the start of construction and
tree mitigation will be required; and
2) There may be additional comments during engineering plan review.
Councilmember Franklin seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores,
Tunnell, Faught, Franklin and Hunt voting in favor of the motion.
11. PUBLIC HEARING:
Consider approval of the Arbor Manors Addition, Lots 4R1 & 4R2,
Block A, Replat, being a replat of Lot 4, into two (2) lots to allow
the development of a medical office on Lot 4R1 (0.69 acres) with
the remaining 1.51 acres as Lot 4R2 for future development,
located at the northwest corner of South Denton Tap Road and
West Braewood Drive.
Presentation:
Gary Sieb, Director of Planning, made a presentation to Council.
Public Hearing:
Mayor Pro Tem Mahalik opened the Public Hearing and advised no one
signed up to speak.
Action:
Councilmember Franklin moved to close the Public Hearing and approve
the Arbor Manors Addition, Lots 4R1 & 4R2, Block A, Replat, being a replat
of Lot 4, into two (2) lots to allow the development of a medical office on Lot
4R1 (0.69 acres) with the remaining 1.51 acres as Lot 4R2 for future
development, located at the northwest corner of South Denton Tap Road
and West Braewood Drive, subject to the following conditions:
1) A Tree Removal Permit required prior to the start of construction and
tree mitigation will be required; and
2) There may be additional comments during engineering plan review.
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Councilmember Tunnell seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores,
Tunnell, Faught, Franklin and Hunt voting in favor of the motion.
12. PUBLIC HEARING:
Consider approval of Case No. PD-228R3-HC, Vista Ridge Retail,
Lot 2, Block A, (Whataburger), a zoning change request from PD-
228-HC (Planned Development-228-Highway Commercial) to PD-
228R3-HC (Planned Development-228 Revision 3-Highway
Commercial), to allow a 3,687-square-foot restaurant with drive
through service on approximately 1.11 acres of property, located
on S.H. 121 approximately 210 feet east of North Denton Tap
Road.
Presentation:
Gary Sieb, Director of Planning, made a presentation to Council.
Brian Fetz, representing the applicant, addressed questions of the Council.
Public Hearing:
Mayor Pro Tem Mahalik opened the Public Hearing and advised no one
signed up to speak.
Action:
Councilmember Tunnell moved to close the Public Hearing and approve
Case No. PD-228R3-HC, Vista Ridge Retail, Lot 2, Block A, (Whataburger), a
zoning change request from PD-228-HC (Planned Development-228-
Highway Commercial) to PD-228R3-HC (Planned Development-228 Revision
3-Highway Commercial), to allow a 3,687-square-foot restaurant with drive
through service on approximately 1.11 acres of property, located on S.H.
121 approximately 210 feet east of North Denton Tap Road, subject to the
following condition:
1) There may be additional comments during detail engineering plan
review.
Councilmember Hunt seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores,
Tunnell, Faught, Franklin and Hunt voting in favor of the motion.
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13. Consider approval of the terms and conditions for procurement
of three (3) Fire Engines and one (1) Fire Engine/Aerial with
Pierce Manufacturing through HGAC Cooperative Purchase
Agreement Contract # FS12-09, in the total amount of
$2,253,957.00 and authorizing the City Manager or designee to
execute all necessary documents.
Presentation:
Kevin Richardson, Fire Chief, made a presentation to Council.
Action:
Councilmember Faught moved to approve the terms and conditions for
procurement of three (3) Fire Engines and one (1) Fire Engine/Aerial with
Pierce Manufacturing through HGAC Cooperative Purchase Agreement
Contract # FS12-09, in the total amount of $2,253,957.00 and authorizing
the City Manager or designee to execute all necessary documents.
Councilmember Franklin seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Mahalik and Councilmembers Brancheau, Hinojosa-Flores,
Tunnell, Faught, Franklin and Hunt voting in favor of the motion.
14. Consider approval of a Resolution appointing Karen Hunt to the
aggregated position of Executive Committee member of the
Dallas Regional Mobility Coalition which fractional allocation
membership is shared with the City of Coppell and the City of
University Park; and authorizing the Mayor Pro Tem to sign.
Presentation:
Clay Phillips, City Manager, made a presentation to Council.
Action:
Councilmember Hinojosa-Flores moved to approve Resolution No.
2010-1012.1 appointing Karen Hunt to the aggregated position of Executive
Committee member of the Dallas Regional Mobility Coalition which
fractional allocation membership is shared with the City of Coppell and the
City of University Park; and authorizing the Mayor Pro Tem to sign.
Councilmember Brancheau seconded the motion; the motion carried
7-0 with Mayor Pro Tem Mahalik and Councilmembers Brancheau,
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Hinojosa-Flores, Tunnell, Faught, Franklin and Hunt voting in favor of the
motion.
15. City Manager's Report.
A. Project Update and Future Agendas.
A. City Manager Clay Phillips announced the last of the right-of-ways on
Sandy Lake Road had been acquired. Utility relocations and
dramatic tree removal will begin shortly. Dobeka Drive is still under
construction with an anticipated completion date of the end of the
year. The Bethel Road work continues. The Hertz Road construction
has begun with traffic only available southbound. The estimated
completion date is March 2011. Clear Creek will be reconstructed
and has a six month timeline. The Sidewalk In-fill project will begin
November 1 and should last approximately 150 days. The utility
relocation is underway on Deforest Road with roadway construction
set to begin at the beginning of 2011. The Tennis Center is coming
along and has an anticipated completion date of February 2011.
Finally, the Coppell Aquatic and Recreation Center will begin
renovations in January or February.
Regarding future agendas, Legislative Agenda items will be discussed
in December with Fred Hill. The Old Coppell documents will be ready
for an action on the next agenda.
16. Mayor Pro Tem and Council Reports.
A. Report by Mayor Pro Tem regarding OakFest.
B. Report by Mayor Pro Tem regarding Metroplex Mayors’
Meeting.
A. Mayor Pro Tem Mahalik announced OakFest will be held on
October 16 at Andy Brown East from 5-10 p.m. Entertainment by
Limelight will be provided, as well as food vendors, face painting and
a mini-train.
B. Mayor Pro Tem Mahalik attended the Metroplex Mayors’ Meeting on
October 12. The guest speaker was Councilmember Amir Omar from
the City of Richardson. He spoke about the city’s program, Tree the
Town, where the city is committed to planting 50,000 new trees over
the next ten years.
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17. Public Service Announcements concerning items of community
interest and no Council action or deliberation is permitted.
Nothing to report.
18. Necessary action resulting from Executive Session.
Nothing to report.
There being no further business, the meeting was adjourned.
____________________________________
Bob Mahalik, Mayor Pro Tem
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:
City Secretary
October 26, 2010
9/B
✔
PROCEDURAL
Consider approval of accepting the resignation of Brian Letzkus from the Coppell Education Development
Corporation.
Brian Letzkus has submitted a letter of resignation from the Coppell Education Development Corporation. His
appointment is set to expire December 2010. Staff recommends not filling the position at this time since that Board is
expected to sunset in December 2010.
Staff recommends acceptance of the resignation.
%cedcresignation
Christel Pettinos - FW: CEDC Meeting Scheduled for Thursday, 10.14.10
Debbie,
Can we add an agenda item to elect a new president and potentially add a member? This will be my last meeting as I am moving
to Oklahoma for work.
Brian Letzkus / Capgemini / Dallas
Application Outsourcing Services
Mobile: +1 214 437 0878 / www.capgemini.com
From: Debbie Cravey [mailto:dcravey@coppelltx.gov]
Sent: Wednesday, October 06, 2010 4:50 PM
To: Robert Brummitt; Letzkus, Brian W; Bill Elieson; Thomas Massimi; April Terry; Eric Pratt; Gina Mote
Cc: Christel Pettinos; Clay Phillips; Debbie Cravey; Mario Canizares
Subject: CEDC Meeting Scheduled for Thursday, 10.14.10
Just wanted to make sure you had this meeting on your calendar. The only item on the agenda at this time is to review and
consider the Annual Report. I will email you the agenda & packet on Monday, 10/11. Thank you.
Debbie Cravey
Administrative Assistant to
the City Manager
City of Coppell
972-304-3618
dcravey@coppelltx.gov
This message contains information that may be privileged or confidential and is the property of the Capgemini Group. It is intended only
for the person to whom it is addressed. If you are not the intended recipient, you are not authorized to read, print, retain, copy,
disseminate, distribute, or use this message or any part thereof. If you receive this message in error, please notify the sender
immediately and delete all copies of this message.
From: "Letzkus, Brian W" <brian.letzkus@capgemini.com>
To: "dcravey@coppelltx.gov" <dcravey@coppelltx.gov>
Date: 10/6/2010 4:52 PM
Subject: FW: CEDC Meeting Scheduled for Thursday, 10.14.10
Page 1 of 1
10/18/2010file://C:\Documents and Settings\cpettinos\Local Settings\Temp\XPgrpwise\4CB71D79City_of_CoppellTo...
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
October 26, 2010
9/C
✔
PROCEDURAL
Consider approval of an Annual Report from the Coppell Education Development Corporation.
Only three meetings were held with five grant applications being submitted. Coppell and Carrollton-Farmers Branch
ISD are the only school districts with fund balances. The respective schools have received written communication
requesting they spend the outstanding revenue.
Staff recommends approval.
!CEDC Annual Report - 1 AR
COPPELL EDUCATION DEVELOPMENT CORPORATION
ANNUAL REPORT
FY09-10 ANNUAL PERFORMANCE REVIEW
FY10-11 PROJECTION OF GOALS
FY11 BUDGET
OCTOBER 14, 2010
ANNUAL CORPORATE BUDGET
FY09-10 ANNUAL PERFORMANCE REVIEW, FY10-11 PROJECTION OF GOALS
AND FY11 BUDGET
FY09-10 ANNUAL PERFORMANCE REVIEW
FY09-10 (October 1, 2009 through September 30, 2010) was the ninth fiscal year for the
Coppell Education Development Corporation (CEDC). The following seven individuals
comprised the CEDC Board of Directors:
1) Brian Letzkus, 105 Branchwood Trail, Coppell, TX 75019
2) Gina Mote, 1523 Falls Road, Coppell, TX 75019
3) Bill Elieson, 369 E. Parkway Blvd., Coppell, TX 70519
4) Thomas Massimi, 1018 Gibbs Crossing, Coppell, TX 75019
5) April Terry, 164 Bricknell Lane, Coppell, TX 75019
6) Robert Brummitt, 610 Pheasant Lane, Coppell, TX 75019
7) Eric Pratt, 630 Oakbend Dr., Coppell, TX 75019
The CEDC Board of Directors met on Thursday, October 8, 2009 at Coppell Town Center.
At this first meeting the CEDC Board voted unanimously to appoint the following officers as
allowed per its bylaws:
Brian Letzkus, President
Thomas Massimi, Vice President
Gina Mote, Secretary
With these officers presiding, staff liaison Clay Phillips, Coppell City Manager and Debbie
Cravey, Recording Secretary joined the CEDC Board of Director meetings on October 8, 2009
and June 10, 2010; staff liaison Mario Canizares, Coppell Deputy City Manager and Debbie
Cravey, Recording Secretary joined the CEDC Board of Director meeting on November 12,
2009. The regularly scheduled December 2009, January, February, March, April, May, July,
August and September, 2010 meetings were cancelled because there were no grants to review.
GRANT APPLICATIONS AND REVIEW
At the October 8, 2009 meeting the Board unanimously approved three grants from the
Coppell Independent School District. They included: A grant in the amount of $1,987,162 to
fund salaries and benefits for eleven (11) Spanish teachers at Coppell High School, three (3)
Spanish teachers at New Tech High, and one (1) Spanish teacher each at the three middle
schools; a grant in the amount of $1,103,438 to fund the salaries for thirteen (13) Literacy
2
Intervention support teachers in 2009-2010 and six (6) Literacy Intervention support teachers in
2010-2011; and a grant in the amount of $2,579,515 to fund the salaries for twenty-three (23)
campus level personnel units and one-half (1/2) administrative personnel unit in 2009-10 and
twenty-five (25) personnel units in 2010-11 for approximately 638 pre-kindergarten through
twelfth grade students.
At the November 12, 2009 meeting the Board unanimously approved to adjust the
distribution of remaining fund balances to the respective school district from $1,000 to
$10,000. There were no grants submitted for approval.
At the June 10, 2010 meeting the Board unanimously approved a grant from the Carrollton-
Farmers Branch Independent School District in the amount of $180,882 and authorized the City
Manager to grant any remaining funds from previous grants up to the total amount of $219,600
as originally requested in the grant application to fund interactive, 3D projection technology
and electronic book readers (Apple IPads), hire a part time instructional technology coach, and
provide transportation for students who require extra academic support to meet instructional
goals at Ranchview High School. The Board also unanimously approved an addendum from
the Coppell Independent School District for the continuation of funding four personnel units for
the promotion of literacy in 2010-2011 in the amount of $239,918 and authorized the City
Manager to grant any remaining funds from previous grants up to the total amount of $250,000
as originally requested in the addendum.
SCHOOL # OF
STUDENTS
% OF
FUNDS
BUDGET ALLOCATION
AS OF 08/31/10 PLUS
CARRYOVERS
Coppell ISD 8,292 94.15% $ 5,725.38
Carrollton/Farmers
Branch ISD
515 5.85% $54,444.27
North Hills School 0 0.00% 0.00
Lewisville ISD 0 0.00% 0.00
TOTAL 8,807 100.00% $60,169.95
SUMMARY OF FY 2009-10 GRANT AWARDS
2010-S01 CISD Spanish Teachers $ 1,987,162.00
2010-L01 CISD Literary Intervention Teachers $ 1,103,438.00
2010-L02 CISD Limited English Proficient Program $ 2,579,515.00
3
2010-T01 CFBISD Technology $ 180,882.00
2010-L01Addendum CISD Literary Intervention Teachers $ 239,918.00
TOTAL $ 6,090,915.00
DISTRIBUTION OF REMAINING FUND BALANCES
North Hills Technology $ 4,650.51
LISD Technology/Literacy $ 3,386.67
TOTAL $ 8,037.18
GRAND TOTAL $6,098,952.18
FY10-11 PROJECTION OF GOALS
The purpose and overriding goal of the Coppell Education Development Corporation, a
nonprofit, non-stock corporation with no members, is to finance programs to publicly funded
institutions which will promote literacy, foreign language and career technology for a skilled
workforce, as authorized by Section 379A of the TEXAS LOCAL GOVERNMENT CODE, as
amended. The collection of a half-cent sales tax for education ended on March 31, 2008.
Current board members will continue to serve until all funds have been expended. In support
of this goal, the objectives of the CEDC Board of Directors for FY10-11 (October 1, 2010
through final disbursement in 2011) are represented in brief by the following bulleted list:
Continue to convene the CEDC Board of Directors at regularly scheduled
meetings throughout FY11 to faithfully administer the CEDC grant application,
review and award funding in accordance with the bylaws, and the grant review
policy adopted by the Mayor and Council.
Process FY11 Grant Applications from October 2010 through final distribution
of all remaining revenue.
Finalize FY11 Grant Agreements from October 2010 through final disbursement
of all funds.
Develop and submit final CEDC Annual Report to Council after September 30,
2010 and the Fiscal Year is completed.
Work with the remaining school districts to expend all remaining funds in as
expedient a manner as possible.
4
5
FY11 BUDGET
The CEDC FY11 Budget included herein is based on the most current available estimate of
FY10 collectable 379A sales tax revenues as provided by the Coppell Finance Director. This
budget is also simply modeled to reflect the four (4) top-level account categories used as a
standard in the budgets of the city of Coppell.
Grant Award Services $3,350,706
This Annual Corporate Budget report is respectfully submitted in accordance with the
Bylaws of the Coppell Education Development Corporation (CEDC) this 14th day of October
2010.
ON BEHALF OF THE CEDC BOARD OF DIRECTORS
By: ___________________________________
Brian Letzkus, President
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
October 26, 2010
9/D
✔
RESOLUTION
Consider approval of a Resolution approving an Amended and Restated Tax Abatement Agreement between the
City of Coppell and CCI-B Gateway I, LP, and authorizing the Mayor Pro Tem to sign.
CCI-B Gateway I, L.P. purchased the two Gateway Corporate Center buildings located at 1225 and 1275 Freeport
Parkway from Lincoln National Life Insurance Company. The buildings were granted a 75% real property tax
abatement in 2008 at the time of construction. At the time of approval, the two buildings were covered under one
abatement. The first year of the abatement is currently tied to the first tenant certificate of occupancy that is issued.
Although a certificate of occupancy has not been issued to date, the new owners would like for the buildings to be
separated into two separate agreements so that the five year incentive on both buildings does not start after one
building signs a tenant lease. This amended and restated abatement separates the two buildings as requested. Each
building must have a tenant by December 31, 2012. If not, the abatement for that building will be void.
Staff recommends approval.
!Gateway Amended & Restated Res
MEMO
Date: October 26, 2010
From: Mindi Hurley, Economic Development Coord.
RE: Gateway Amended and Restated Tax Abatement Agreement
The Gateway Corporate Center buildings, located at 1225 and 1275 Freeport Parkway,
were constructed in 2008. A tax abatement agreement was approved at the time of
construction. The buildings were sold in 2010, and the agreement was assigned from
TDC Gateway Business Center, L.P. to Lincoln National Life Insurance Company.
When the two buildings were constructed, they received a 75% tax abatement for 5 years,
and the buildings were grouped together in one tax abatement agreement. The buildings
have never been occupied since construction. The first year of the abatement is tied to
the issuance of the first tenant certificate of occupancy; therefore, the buildings have
never received any benefit to date from the existing abatement. The abatement currently
groups the duration of the abatement for both buildings together meaning the five years
of incentive will start for both buildings as soon as one building signs a tenant lease.
The buildings have recently been sold again. The existing abatement has been assigned
from Lincoln National Life Insurance Company to CCI-B Gateway I, L.P. The new
owners have asked for the buildings to be separated so that the start date of the incentive
for each building in the abatement is not triggered by the first certificate of occupancy
issued. This amended and restated abatement separates the two buildings into separate
timeframes. The start date for the incentive for each building will now be dependant
upon the issuance of the first tenant certificate of occupancy for that particular building
rather than the start date for both buildings being dependant on the first tenant certificate
of occupancy for either building. The new agreement does state that each building must
have a tenant by December 31, 2012. If not, the abatement for either or both buildings
that do not have a tenant by that time will be void.
Both buildings independently meet the required minimum investment value of $5.5
million. Freeport I, located at 1225 Freeport Parkway, is a two-story office building
totaling 111,934 square feet of space. It has a current value of $6,207,990. Freeport II,
located at 1275 Freeport Parkway, is a two-story building with 116,156 square feet of
office space. It has a current value of $6,442,010.
Page 1
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE
TERMS AND CONDITIONS OF AN AMENDED AND RESTATED TAX ABATEMENT
AGREEMENT BY AND BETWEEN THE CITY OF COPPELL, TEXAS AND CCI-B
GATEWAY I, LP; AUTHORIZING ITS EXECUTION BY THE MAYOR PRO TEM; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has been presented a proposed Amended and Restated Tax
Abatement Agreement (“Agreement”) by and between the City of Coppell, Texas and CCI-B
Gateway I, LP, a Texas limited partnership, a copy of which is attached hereto and incorporated
herein by reference; and
WHEREAS, upon full review and consideration of the Agreement, and all matters related
thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be
approved, and that the Mayor Pro Tem 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 Pro Tem is hereby
authorized to execute the Agreement on behalf of the City of Coppell, Texas.
SECTION 2. 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 ________________, 2010.
CITY OF COPPELL, TEXAS
___________________________________________
BOB MAHALIK, MAYOR PRO TEM
Page 2
ATTEST:
___________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
____________________________________
CITY ATTORNEY
(PGS:tlo:10-18-10:44453)
Page 3
Exhibit “A”
Amended and Restated Tax Abatement Agreement
(to be attached)
Page 1 Amended and Restated Tax Abatement Agreement
City of Coppell and CCI-B Gateway I,LP (45680)
STATE OF TEXAS §
§
§
COUNTY OF DALLAS §
AMENDED AND RESTATED
TAX ABATEMENT AGREEMENT
This Amended and Restated Tax Abatement Agreement (the “Agreement”) is entered into
by and between the City of Coppell, Texas (the “City”) and CCI-B Gateway I, LP, a Texas limited
partnership (“CCI-B”), acting by and through their authorized representatives.
W I T N E S S E T H:
WHEREAS, the City and TDC Gateway Business Center, L.P., a Texas limited partnership
(“TDC”) previously entered into that certain Tax Abatement Agreement dated January 15, 2008
filed for record in the Official Public Records of Dallas County, Texas at file No. 20080025306 (the
“Original Tax Abatement Agreement”); and
WHEREAS, in March 2008, TDC substantially completed the construction of (i) the 1225
Freeport Parkway Improvements (hereinafter defined) on the 1225 Land (hereinafter defined) and
(ii) the 1275 Freeport Parkway Improvements on the 1275 Land (hereinafter defined); and
WHEREAS, TDC transferred and conveyed the Land (hereinafter defined) and
Improvements (hereinafter defined) to The Lincoln National Life Insurance Company, (“Lincoln”);
and
WHEREAS, the City, TDC, as the assignor, and Lincoln, as the assignee entered into that
certain Assignment of Tax Abatement Agreement dated February 16, 2010 recorded in the Official
Public Records of Dallas County, Texas recorded at file No. 201000039521 pursuant to which the
Original Tax Abatement Agreement was assigned to Lincoln in connection with its purchase of the
Land and Improvements; and
WHEREAS, Lincoln transferred and conveyed the 1225 Premises and the 1275 Premises to
CCI-B; and
WHEREAS, the City, Lincoln, as the assignor, and CCI-B, as an assignee, entered into that
certain Assignment of Tax Abatement Agreement dated September 29, 2010 and recorded in the
Official Public Records of Dallas County, Texas, pursuant to which the Original Tax Abatement
Agreement was assigned to CCI-B in connection with the purchase of the Land and related
Improvements; and
WHEREAS, the City and CCI-B (collectively, the “Parties”) desire to amend and restate
the Original Tax Abatement Agreement as set forth herein to (i) reflect that the Improvements have
been completed as required by the Original Tax Abatement Agreement, and (ii) separate the 1225
Premises and the 1275 Premises in this Agreement in anticipation that the 1225 Premises and the
1275 Premises, respectively, may be owned by different owners in the future; and
Page 2 Amended and Restated Tax Abatement Agreement
City of Coppell and CCI-B Gateway I,LP (45680)
WHEREAS, the City Council of the City of Coppell, Texas, (the “City Council”), passed
an Ordinance (the “Ordinance”) establishing Tax Abatement Reinvestment Zone No. 58 (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, CCI-B currently owns both the 1225 Premises and the 1275 Premises; and
WHEREAS, the development efforts of CCI-B and their predecessors-in-interest, as
described in the Original Tax Abatement Agreement and as described herein, will create permanent
new jobs in the City; and
WHEREAS, the City Council finds that the contemplated use of the Premises, including the
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 (i) the Improvements sought are feasible and
practicable and (ii) it 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 are located; and
WHEREAS, the City desires to enter into an agreement with CCI-B for the abatement of
taxes pursuant to Chapter 312 of the Tax Code as amended; and
WHEREAS, the Parties are authorized by the Texas Tax Code to amend the Original Tax
Abatement Agreement as set forth herein; and
Page 3 Amended and Restated Tax Abatement Agreement
City of Coppell and CCI-B Gateway I,LP (45680)
WHEREAS, the Parties acknowledge that the Improvements have been constructed on the
Land but that the tax abatement granted herein for the Improvements has not commenced.
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 to amend and restate the Original Tax Abatement Agreement
in its entirety, as follows:
Article I
Definitions
Wherever used in this Agreement, the following terms shall have the meanings ascribed
to them:
“1225 Base Year Taxable Value” shall mean the Taxable Value for the 1225 Freeport
Parkway Improvements for the calendar year 2007.
“1225 First Year of Abatement” shall mean, for the 1225 Freeport Parkway
Improvements, the calendar year (i.e., beginning on January 1) immediately following the date of
issuance of the first certificate of occupancy by the City to a tenant to occupy the 1225 Freeport
Parkway Improvements, but in no event later than December 31, 2012.
“1225 Freeport Parkway Improvements” shall mean the (i) two-story office building
containing approximately 111,934 square feet of space having an address of 1225 Freeport
Parkway, Coppell, Texas and constructed on the 1225 Land, and (ii) other ancillary facilities such as
reasonably required parking and landscaping more fully described in the submittals filed with the
City, from time to time, by the Owner of such improvements in order to obtain a building permit(s).
“1225 Land” shall mean an 8.60 acre tract within the Land located in the Gateway
Corporate Center on Freeport Parkway north of Interstate Highway 635, as more particularly
described on Exhibit “B”.
“1225 Freeport Owner” shall mean CCI-B, its successors, permitted assignees or any
subsequent owners of the 1225 Premises, subject however to Section 8.11 of this Agreement.
“1225 Premises” shall mean the 1225 Freeport Parkway Improvements and the 1225 Land.
“1275 Base Year Taxable Value” shall mean the Taxable Value for the 1275 Freeport
Parkway Improvements for the calendar year 2007.
“1275 First Year of Abatement” shall mean, for the 1275 Freeport Parkway
Improvements, the calendar year (i.e., beginning on January 1) immediately following the date of
issuance of the first certificate of occupancy by the City to a tenant to occupy the 1275 Freeport
Parkway Improvements., but in no event later than December 31, 2012.
Page 4 Amended and Restated Tax Abatement Agreement
City of Coppell and CCI-B Gateway I,LP (45680)
“1275 Freeport Parkway Improvements” shall mean the (i) two-story office building
containing approximately 116,156 square feet of space having an address of 1275 Freeport
Parkway, Coppell, Texas and constructed on the 1275 Land, and (ii) other ancillary facilities such as
reasonably required parking and landscaping more fully described in the submittals filed with the
City, from time to time, by the Owner of such improvements in order to obtain a building permit(s).
“1275 Land” shall mean a 9.49 acre tract within the Land located in the Gateway Corporate
Center on Freeport Parkway north of Interstate Highway 635, as more particularly described on
Exhibit “C”.
“1275 Freeport Owner” shall mean CCI-B, its successors, permitted assignees or any
subsequent owners of the 1275 Premises, subject however to Section 8.11 of this Agreement.
“1275 Premises” shall mean the 1275 Freeport Parkway Improvements and the 1275 Land.
“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.
“City” shall mean the City of Coppell, Texas acting by and through its city manager, or
designee.
“Completion of Construction” shall mean substantial completion of the shell of the
respective Improvements which occurred in March, 2008.
“Effective Date” shall mean the last date of execution of this Agreement.
“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 (i) collectively mean the 1225 Freeport Parkway Improvements and
the 1275 Freeport Parkway Improvements and (ii) respectively, the 1225 Freeport Parkway
Improvements or the 1275 Freeport Parkway Improvements, as the context may require.
“Land” means the real property described in Exhibit “A”, which is comprised of the 1225
Land and the 1275 Land.
“Owners” shall collectively mean the 1225 Freeport Owner and the 1275 Freeport
Owner, and may be individually referred to herein as an “Owner”.
Page 5 Amended and Restated Tax Abatement Agreement
City of Coppell and CCI-B Gateway I,LP (45680)
“Premises” shall (i) collectively mean the 1225 Premises and the 1275 Premises and (ii)
respectively, the 1225 Premises or the 1275 Premises, as the context may require.
“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 The Land is located within the city limits of the City and within the Zone. The
previous owner of the Premises constructed (or caused to be constructed) the Improvements on the
Land in accordance with the Original Tax Abatement Agreement.
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 Each Owner, for itself, agrees to provide to the tenants of its respective Premises,
the benefit of the tax abatement of the Improvements granted herein. Each Owner shall, upon
written request, provide the City, with satisfactory evidence that the benefits of this Tax
Abatement Agreement have been provided to such Owner’s tenants.
2.6 Each Owner shall, before May 1, of each calendar year that the Agreement is in
effect, certify in writing to the City that such Owner 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 aggregate
Taxable Value for the 1225 Freeport Parkway Improvements, excluding the 1225 Land, is at least
$2.75 Million Dollars ($2,750,000.00) as of both (i) January 1 of the 1225 First Year of Abatement
Page 6 Amended and Restated Tax Abatement Agreement
City of Coppell and CCI-B Gateway I,LP (45680)
and (ii) as of January 1 of each year thereafter that this Agreement is in effect, the City hereby
grants the 1225 Freeport Owner an abatement of seventy-five percent (75%) of the Taxable Value
of the 1225 Freeport Parkway Improvements for a period of five (5) consecutive years beginning
with the 1225 First Year of Abatement. The actual percentage of Taxable Value of the 1225
Freeport Parkway Improvements subject to abatement for each year this Agreement is in effect will
apply only to the portion of the Taxable Value of the 1225 Freeport Parkway Improvements that
exceeds the 1225 Base Year Taxable Value.
3.3 Subject to the terms and conditions of this Agreement, and provided the aggregate
Taxable Value for the 1275 Freeport Parkway Improvements, excluding the 1275 Land, is at least
$2.75 Million Dollars ($2,750,000.00) as of both (i) January 1 of the 1275 First Year of Abatement
and (ii) as of January 1 of each year thereafter that this Agreement is in effect, the City hereby
grants 1275 Freeport Owner an abatement of seventy-five percent (75%) of the Taxable Value of
the 1275 Freeport Parkway Improvements for a period of five (5) consecutive years beginning with
the 1275 First Year of Abatement. The actual percentage of Taxable Value of the 1275 Freeport
Parkway Improvements subject to abatement for each year this Agreement is in effect will apply
only to the portion of the Taxable Value of the 1275 Freeport Parkway Improvements that exceeds
the 1275 Base Year Taxable Value.
3.4 The period of tax abatement herein authorized for the 1225 Freeport Parkway
Improvements shall be for a period of five (5) consecutive years from the 1225 First Year of
Abatement, and the period of tax abatement herein authorized for the 1275 Freeport Parkway
Improvements shall be for a period of five (5) consecutive years from the 1275 First Year of
Abatement.
3.5 During the period of tax abatement herein authorized, the applicable 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 CCI-B is the current owner of the Premises, which include both the (i) 1225 Freeport
Parkway Premises and the 1275 Freeport Parkway Premises. The Parties acknowledge that a prior
owner of the Premises has caused Completion of Construction of the 1225 Freeport Parkway
Improvements and the 1275 Freeport Parkway Improvements to a shell condition in accordance
with the Original Tax Abatement Agreement.
4.2 The Parties agree that, to their knowledge and subject to events of Force Majeure,
the construction of the Improvements has been completed in accordance with all applicable state
and local laws, codes, and regulations, (or valid waiver thereof).
4.3 The construction plans for the Improvements constructed on the Land filed with the
City shall be deemed to be incorporated by reference herein and made a part hereof for all purposes.
Page 7 Amended and Restated Tax Abatement Agreement
City of Coppell and CCI-B Gateway I,LP (45680)
4.4 1225 Freeport Owner agrees to maintain the 1225 Freeport Parkway Improvements
during the term of this Agreement in accordance with all applicable state and local laws, codes, and
regulations. 1225 Freeport Owner agrees that the 1225 Freeport Parkway Improvements shall be
used only as an office building and/or industrial warehouse (with ancillary office uses) for a
period of five (5) years commencing with the 1225 First Year of Abatement. 1275 Freeport
Owner agrees to maintain the 1275 Freeport Parkway Improvements during the term of this
Agreement in accordance with all applicable state and local laws, codes, and regulations. 1275
Freeport Owner agrees that the 1275 Freeport Parkway Improvements shall be used only as an
office building and/or industrial warehouse (with ancillary office uses) for a period of five (5)
years commencing with the 1275 First Year of Abatement.
Article V
Default: Recapture of Tax Revenue
5.1 In the event either of the Owners: (i) has delinquent ad valorem or sales taxes owed
to the City (provided such Owner retains its right to timely and properly protest such taxes or
assessment); (ii) suffers an event of “Bankruptcy or Insolvency”; or (iii) breaches any of the terms
and conditions of this Agreement, then such Owner (the “Defaulting Party”) after the expiration of
the notice and cure periods described below, shall be in default of this Agreement.
5.2 Upon breach by a Defaulting Party of any obligations under this Agreement, the
City shall notify the Defaulting Party in writing, which 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 such Defaulting Party has diligently pursued such remedies as shall be
reasonably necessary to cure such default, then the City may extend the period in which the default
must be cured.
5.3 If the Defaulting Party fails to cure the default within the time provided as specified
above or, as such time period may be extended, then the City at its sole option shall have the right to
terminate this Agreement with respect to the Defaulting Party (the “Terminated Party”), by written
notice to such Terminated Party. As liquidated damages in the event of such default, the
Terminated Party shall, within thirty (30) days after demand, pay to the City all taxes which
otherwise would have been paid by the Terminated Party to the City without benefit of a tax
abatement for its respective Improvements (i.e., the 1225 Freeport Parkway Improvements or the
1275 Freeport Parkway Improvements, as applicable), 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 a termination pursuant to the terms of
this Section 5.3 would be speculative and difficult to determine. The Parties further agree that any
abated tax on the Terminated Party’s Improvements, including interest as a result of this Agreement,
shall be recoverable against the Terminated Party, its successors and assigns and shall constitute a
tax lien against the Terminated Party’s Improvements and underlying portion of the Land (i.e., the
1225 Land or the 1275 Land, as applicable) on which such Improvements are located until paid in
full, and shall become due, owing and shall be paid to the City within thirty (30) days after delivery
of the City’s written notice of termination of this Agreement with respect to such Terminated Party
(and its respective portion of the Land and Improvements).
Page 8 Amended and Restated Tax Abatement Agreement
City of Coppell and CCI-B Gateway I,LP (45680)
5.4 Upon termination of this Agreement by City with to respect to a Terminated Party,
all tax abated as a result of this Agreement with respect to the Improvements owned by the
Terminated Party, 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 owned by the Terminated Party, without tax abatement
for the years in which tax abatement hereunder was received by the Terminated Party, as
determined by the Appraisal District, multiplied by the tax rate of the years in question, as
calculated by the City Tax Assessor-Collector. The liquidated damages shall incur penalties as
provided for delinquent taxes and shall commence to accrue after expiration of the thirty (30) day
payment period.
5.5 Notwithstanding the provisions of this Article V to the contrary, (i) termination of
this Agreement with respect to one Owner (and its respective portion of the Land and
Improvements) shall not constitute a termination of this Agreement with respect to the other Owner
(and its respective portion of the Land and Improvements) unless such other Owner is also a
Defaulting Party and subsequently a Terminated Party pursuant to the terms of this Article V, and
(ii) subject to the terms hereof, this Agreement shall remain in full force and effect with respect to
any Owner (and its respective portion of the Land and Improvements) that is not a Terminated
Party.
Article VI
Annual Application for Tax Exemption
It shall be the responsibility of each of the Owners pursuant to the Tax Code, to file an
annual exemption application form with the Chief Appraiser for the appraisal district for their
respective Improvements. A copy of the exemption application shall be submitted to the City upon
request.
Article VII
Annual Rendition
Each of the Owners shall annually render the value of their respective 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:
Page 9 Amended and Restated Tax Abatement Agreement
City of Coppell and CCI-B Gateway I,LP (45680)
If intended for CCI-B, to:
CCI-B Gateway I, LP
c/o Capital Commercial Investments, Inc.
720 Brazos, Suite 900
Austin, Texas 78701
Attn: Paul D. Agarwal
Telephone: (512) 472-6990
Facsimile: (512) 472-7056
(Email for reference only:
doug@capitalcommercial.com)
With a copy to:
Sneed, Vine & Perry, P. C.
901 Congress Avenue
Austin, Texas 78701
Attn: William D. Brown
Telephone: (512) 494-3127
Facsimile: (512) 476-1825
(Email for reference only:
bbrown@sneedvine.com)
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 North Akard
Dallas, Texas 75201
8.2 Authorization. This Agreement was authorized by resolution of the City Council.
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 governed by 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 Recitals. The determinations recited and declared in the preambles to this Agreement
are hereby incorporated herein as part of this Agreement.
8.8 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all
purposes wherever reference is made to the same.
Page 10 Amended and Restated Tax Abatement Agreement
City of Coppell and CCI-B Gateway I,LP (45680)
8.9 Employment of Undocumented Workers. During the term of this Agreement each
Owner agrees not to knowingly employ any undocumented workers and if convicted of a
violation under 8 U.S.C. Section 1324a (f), such Owner shall repay the amount of the abated
taxes pursuant to this Agreement as of the date of such violation within 120 business days after
the date such Owner is notified by City of such violation, plus interest at the rate of 6%
compounded annually from the date of violation until paid. Neither Owner is liable for a
violation of this section by a subsidiary, affiliate, tenant or franchisee of the respective Owner or
by a person with whom such Owner contracts.
8.10 Survival of Covenants. Any of the representations, warranties, covenants, and
obligations of the Parties, as well as any rights and benefits of the parties, pertaining to a period
of time following the termination of this Agreement shall survive termination.
8.11 Assignment. This Agreement shall be binding on and inure to the benefit of the
Parties and their respective heirs, executors, administrators, legal representatives, successors and
permitted assigns. This Agreement may not be assigned without the prior written consent of the
City Manager.
(Signature Page to Follow)
Page 11 Amended and Restated Tax Abatement Agreement
City of Coppell and CCI-B Gateway I,LP (45680)
EXECUTED in duplicate originals the ____ day of _______________, 2010.
CITY OF COPPELL, TEXAS
By:
Bob Mahalik, Mayor Pro Tem
Attest:
By:
Libby Ball, City Secretary
Approved as to Form:
By:_______________________________
City Attorney
THE STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on this ______ day of _____________,
2010, by Bob Mahalik, Mayor Pro Tem of the City of Coppell, Texas, a Texas municipality, on
behalf of said municipality.
Notary Public – State of Texas
Page 12 Amended and Restated Tax Abatement Agreement
City of Coppell and CCI-B Gateway I,LP (45680)
EXECUTED in duplicate originals the ____ day of _______________, 2010.
CCI-B Gateway I, LP, a Texas limited partnership
By: CCI-B III Gateway GP, LLC, a Texas limited liability
company, its General Partner
By: CCI-B III, LLC, a Delaware limited liability
company, its Managing Member
By: CCI-PDA No. 3, L.P., a Texas limited
partnership, its Managing Member
By: CCI-B PDA GP, LLC, a Texas
limited liability company, its General
Partner
By:
Paul D. Agarwal, Manager
THE STATE OF TEXAS §
§
COUNTY OF TRAVIS §
This instrument was acknowledged before me on this ______ day of _____________,
2010, by Paul D. Agarwal, Manager of CCI-B PDA GP, LLC, a Texas limited liability company,
General Partner of CCI-PDA No. 3, L.P., a Texas limited partnership, Managing Member of
CCI-B III, LLC, a Delaware limited liability company, Managing Member of CCI-B III Gateway
GP, LLC, a Texas limited liability company, General Partner of CCI-B Gateway I, LP, a Texas
limited partnership, on behalf of said limited partnership.
Notary Public – State of Texas
Page 13 Amended and Restated Tax Abatement Agreement
City of Coppell and CCI-B Gateway I,LP (45680)
Page 1 Exhibit “A” to Amended and Restated Tax Abatement Agreement
City of Coppell and CCI-B Gateway I,LP (45680)
Exhibit “A”
Page 2 Exhibit “A” to Amended and Restated Tax Abatement Agreement
City of Coppell and CCI-B Gateway I,LP (45680)
Page 3 Exhibit “A” to Amended and Restated Tax Abatement Agreement
City of Coppell and CCI-B Gateway I,LP (45680)
Page 1 Exhibit “B” to Amended and Restated Tax Abatement Agreement
City of Coppell and CCI-B Gateway I,LP (45680)
Exhibit “B”
DESCRIPTION OF THE 1225 LAND
BEING a tract of land situated in the Joel Wilson Survey, Abstract Number 1555 and the
Cordelia Bowen Survey, Abstract Number 56, City of Coppell, Dallas County, Texas, being all
of Lot 1, Black A of the Amending Plat of Gateway Business Park No.3, an addition to the City
of Coppell, as recorded in County Clerk's Document Number 20070348367, Deed Records,
Dallas County, Texas (D.R.D.C.T.), also being a part of that tract of land described in deed to
The Lincoln National Life Insurance Company, as recorded in County Clerk's Document
Number 201000039520, D.R.D.C.T., and being more particularly described as follows:
COMMENCING at a 1/2-inch found iron rod with yellow plastic cap stamped "HALFF ASSOC
INC" (hereinafter referred to as "with cap") for the southwest corner of Gateway Business Park
No.2, an addition to the City of Coppell, as recorded in Volume 98043, Page 0001, D.R.D.C.T.,
and being on the northeasterly right-of-way line of Interstate Highway 635 (a variable width
right-of-way), as recorded in Volume 75073, Page 0007, D.R.D.C. T.;
THENCE South 36 degrees 44 minutes 37 seconds East, along said northeasterly right-of-way
line of Interstate Highway 635, a distance of 575.13 feet to a 1/2-inch found iron rod with cap for
the northwest corner of said Lot 1, Block A of the Amending Plat of Gateway Business Park
No.3, also being the POINT OF BEGINNING of the herein described tract;
THENCE South 89 degrees 03 minutes 34 seconds East, departing said northeasterly right-of-
way line of I.H.-635, along the north line of said Lot 1, along the south line of a Lone Star Gas
Company Easement, as recorded in Volume 71167, Page 1308, D.R.D.C.T. and continuing with
the south line of a Lone Star Gas Company Easement, as recorded in Volume 71167, Page 1306,
D.R.D.C.T., a distance of 1033.54 feet to a 1/2-inch found iron rod with cap for the northeast
corner of said Lot 1, said corner also being on the southwesterly right-of-way line of Freeport
Parkway (a variable width right-of-way);
THENCE South 35 degrees 16 minutes 43 seconds East, along said southwesterly right-of-way
line of Freeport Parkway and the northeast line of Lot 1, a distance of 104.07 feet to a 1/2-inch
found iron rod with cap for the point of curvature of a tangent circular curve to the right having a
radius of 770.00 feet and whose chord bears South 32 degrees 15 minutes 51 seconds East, a
distance of 80.99 feet;
THENCE in a Southerly direction along said curve to the right and continuing along said
southwesterly right-of-way line of Freeport Parkway and the northeast line of said Lot 1, through
a central angle of 06 degrees 01 minute 44 seconds, an arc distance of 81.02 feet to a found "X'
cut in concrete for the east common corner of said Lot 1 and Lot 2, Block A of said Amending
Plat of Gateway Business Park No.3;
THENCE South 60 degrees 43 minutes 30 seconds West, departing said westerly right-of-way
line and along the common line between said Lots 1 and 2, a distance of 842.51 feet to a 1/2-inch
found iron rod with cap on the said northeasterly right-of-way line of Interstate Highway 635;
Page 2 Exhibit “B” to Amended and Restated Tax Abatement Agreement
City of Coppell and CCI-B Gateway I,LP (45680)
THENCE North 34 degrees 23 minutes 31 seconds West, along said northeasterly right-of-way
line of Interstate Highway 635 and along the southwest line of Lot 1, a distance of 643.73 feet to
a 1/2-inch found iron rod with cap for corner;
THENCE North 36 degrees 44 minutes 37 seconds West, continuing along said northeasterly
right-of-way line of Interstate Highway 635 and said southwest line of Lot 1, a distance of 63.88
feet to the POINT OF BEGINNING AND CONTAINING 374,613 square feet or 8.60 acres of
land, more or less.
Page 3 Exhibit “B” to Amended and Restated Tax Abatement Agreement
City of Coppell and CCI-B Gateway I,LP (45680)
Page 1 Exhibit “C” to Amended and Restated Tax Abatement Agreement
City of Coppell and CCI-B Gateway I,LP (45680)
Exhibit “C”
DESCRIPTION OF THE 1275 LAND
BEING a tract of land situated in the Cordelia Bowen Survey, Abstract Number 56. City of
Coppell, Dallas County, Texas, being all of Lot 2, Block A of the Amending Plat of Gateway
Business Park No.3, an addition to the City of Coppell, as recorded in County Clerk's Document
Number 20070348367, Deed Records, Dallas County. Texas (D.R.D.C.T.) also being a part of
that tract of land described in deed to The Lincoln National Life Insurance Company, as recorded
in County Clerk's Document Number 201000039520, D.R.D.C.T., and being more particularly
described as follows:
COMMENCING at a 1/2-inch found iron rod with yellow plastic cap stamped "HALFF ASSOC
INC" (hereinafter referred to as "with cap") for the southwest corner of Gateway Business Park
No. 2, an addition to the City of Coppell, as recorded in Volume 98043, Page 0001, D.R.D.C.T.,
and being on the northeasterly right-of-way line of Interstate Highway 635 (a variable width
right-of-way), as recorded in Volume 75073, Page 0007, D.R.D.C.T.;
THENCE South 36 degrees 44 minutes 37 seconds East, along said northeasterly right-of-way
line of Interstate Highway 635, passing at a distance of 575.13 feet to a 1/2-inch found iron rod
with cap for the northwest corner of Lot 1. Block A of said Amending Plat of Gateway Business
Park No.3, and continuing along said northeasterly line, same being the southwesterly line of Lot
1, Block A, in all a total distance of 639.01 feet to a 1/2-inch found iron rod with cap for an angle
point;
THENCE South 34 degrees 23 minutes 31 seconds East, continuing along said northeasterly
right-of-way line of Interstate Highway 635 and said southwesterly line, a distance of 643.73 feet
to a 1/2-inch found iron rod with cap for the southwest corner of said Lot 1 and the northwest
corner of said Lot 2, Block A, also being the POINT OF BEGINNING of the herein described
tract;
THENCE North 60 degrees 43 minutes 30 seconds East, departing said northeasterly right-of-
way line and along the common line between said Lots 1 and 2 of Block A. a distance of 842.51
feet to a found 'X' cut in concrete on the southwesterly right-of-way line of Freeport Parkway,
said point being on a circular curve to the right having a radius of 770.00 feet and whose chord
bears South 08 degrees 47 minutes 35 seconds East, a distance of 538.23 feet;
THENCE in a Southerly direction along said curve to the right and along said southwesterly
right-of-way line of Freeport Parkway and the northeast line of said Lot 2, through a central
angle of 40 degrees 54 minutes 49 seconds, an arc distance of 549.84 feet to a 1/2-inch found
iron rod with cap for the point of tangency;
THENCE South 11 degrees 39 minutes 50 seconds West, continuing along the westerly right-of-
way line of said Freeport Parkway and along the east line of said Lot 2, passing a 1/2-inch found
iron rod with cap at a distance of 162.12 feet, in all a total distance of 245.91 feet to a 1/2-inch
Page 2 Exhibit “C” to Amended and Restated Tax Abatement Agreement
City of Coppell and CCI-B Gateway I,LP (45680)
found iron rod with cap for the southerly southwest corner of Freeport Parkway, as recorded in
Volume 98067, Page 3324, D.R.D.C.T.;
THENCE South 78 degrees 20 minutes 10 seconds East, along said southerly right-of-way line
of Freeport Parkway and along the east line of said Lot 2, a distance of 0.39 feet to a corner of a
tract of land described in deed to the Texas Department of Transportation (TxDOT), as recorded
in volume 84195, Page 0604, D.R.D.C.T., and being on the northeasterly right-of-way line of
said Interstate Highway 635, and from which corner a found TxDOT brass disc monument bears
North 02 degrees 11 minutes 50 seconds East, a distance of 0.14 feet;
THENCE South 66 degrees 59 minutes 56 seconds West, departing said southerly right-of-way
line of Freeport Parkway along said northeasterly right-of-way line of Interstate Highway 635
and along the southeast line of said Lot 2, a distance of 80.88 feet to a point from which a found
TxDOT brass disc monument bears North 60 degrees 00 minutes 25 seconds West, a distance of
0.19 feet;
THENCE North 80 degrees 50 minutes 21 seconds West, continuing along the northerly right-of-
way line of said Interstate Highway 635 and along the south line of said Lot 2, passing a 1/2-inch
found iron rod with cap at a distance of 39.96 feet, in all a total distance of 68.28 feet to a point
for corner from which a found TxDOT brass disc monument bears North 22 degrees 39 minutes
13 seconds West, a distance of 0.23 feet;
THENCE North 78 degrees 19 minutes 41 seconds West, continuing along said northerly right-
of-way line of Interstate Highway 635 and along said south line of Lot 2, a distance of 275.97
feet to a found TxDOT brass disc monument for corner;
THENCE North 63 degrees 57 minutes 56 seconds West, continuing along said northeasterly
right-of-way line of Interstate Highway 635 and the southwest line of Lot 2, a distance of 157.53
feet to a point for corner from which a found TxDOT brass disc monument bears North 24
degrees 19 minutes 09 seconds West, a distance of 0.22 feet;
THENCE North 42 degrees 29 minutes 08 seconds West, continuing along said northeasterly
right-of-way line of Interstate Highway 635 and along said southwest line of Lot 2, a distance of
141.98 feet to a found TxDOT brass disc monument for corner;
THENCE North 59 degrees 21 minutes 26 seconds West, continuing along said northeasterly
right-of-way line of Interstate Highway 635 and along said southwest line of Lot 2, a distance of
28.00 feet to point for corner on the northerly line of a tract of land described in deed to the State
of Texas, as recorded in Volume 79122, Page 1381. D.R.D.C.T., from which corner a found
TxDOT brass disc monument bears South 11 degrees 02 minutes 05 seconds West, a distance of
0.35 feet;
THENCE North 34 degrees 23 minutes 31 seconds West, continuing along said northeasterly
right-of-way line of Interstate Highway 635 and along said southwest line of Lot 2, a distance of
166.77 feet to the POINT OF BEGINNING AND CONTAINING 413.218 square feet or 9.49
acres of land, more or less.
AGENDA REQUEST FORM DATE: October 26, 2010
ITEM #: 10
CITY MANAGER'S REPORT
A. Project Update and Future Agendas.
Agenda Request Form - Revised 09/027 Document Name: %manrep
AGENDA REQUEST FORM DATE: October 26, 2010
ITEM #: 11
PUBLIC SERVICE ANNOUNCEMENTS CONCERNING ITEMS OF
COMMUNITY INTEREST AND NO COUNCIL ACTION OR
DELIBERATION IS PERMITTED
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
AGENDA REQUEST FORM
DATE: October 26, 2010
ITEM #: 12
COUNCIL COMMITTEE REPORTS
A. Carrollton/Farmers Branch ISD/Lewisville ISD – Tunnell.
B. Coppell ISD – Mahalik and Hinojosa-Flores.
C. Coppell Seniors – Brancheau and Faught.
D. Dallas Regional Mobility Coalition –Hunt.
E. International Council for Local Environmental Initiatives (ICLEI) –Brancheau
F. Metrocrest Hospital Authority –Tunnell.
G. Metrocrest Medical Foundation – Mahalik.
H. Metrocrest Medical Services – Hinojosa-Flores.
I. Metrocrest Social Services – Franklin.
J. North Texas Council of Governments – Tunnell.
K. North Texas Commission – Hunt.
L. Senior Adult Services – Franklin.
Agenda Request Form - Revised 11/09 Document Name: %ccommreport
AGENDA REQUEST FORM
DATE: October 26, 2010
ITEM #: 13
NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec
CERTIFICATE OF AGENDA ITEM SUBMISSION
Council Meeting Date: October 26, 2010
Department Submissions:
Item No. 6 was placed on the Agenda for the above-referenced City Council
meeting by the Police Department. I have reviewed the Agenda Request
(and any backup if applicable) and hereby submit this item to the City
Council for consideration.
____________________
Police Department
Item No. 7 was placed on the Agenda for the above-referenced City Council
meeting by the Human Resources Department. I have reviewed the
Agenda Request (and any backup if applicable) and hereby submit this item
to the City Council for consideration.
____________________
Human Resources Department
Financial Review:
I certify that I have reviewed all the items submitted for consideration on
the Agenda for the above-referenced City Council Meeting and have inserted
any financial comments where appropriate.
____________________
Finance Department
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)