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CP 2011-11-08City Council City of Coppell, Texas Meeting Agenda 255 Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers5:30 PM Tuesday, November 8, 2011 DOUG STOVER MARSHA TUNNELL Mayor Mayor Pro Tem TIM BRANCHEAU BILLY FAUGHT Place 1 Place 5 BOB MAHALIK MARVIN FRANKLIN Place 2 Place 6 BRIANNA HINOJOSA-FLORES KAREN HUNT Place 3 Place 7 CLAY PHILLIPS City Manager Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, 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. 1. Call to Order 2. Executive Session Closed to the Public 1st Floor Conference Room Section 551.072, Texas Government Code - Deliberation regarding Real Property. A. Discussion regarding real property north of Bethel Road and east of S. Coppell Road. B. Discussion regarding real property south of Bethel Rd. and east of S. Coppell Road. Page 1 City of Coppell, Texas Printed on 11/2/2011 November 8, 2011City Council Meeting Agenda 3. Work Session Open to the Public 1st Floor Conference Room Regular Session Open to the Public 7:30 p.m. A. Discussion of proposed License Agreement wording for encroachments into Andy Brown Jr. Park East. B. Discussion seeking direction on proposed options to facilitate Oncor Utility relocations along Sandy Lake Road. C. Discussion regarding the Canvass of Election Date. D. Discussion regarding appointees for the Dallas and Denton Central Appraisal Districts. E. Discussion regarding Boards and Commission Appointments. 4. Invocation 5. Pledge of Allegiance Library Board report to Council presented by Thomas Dwyer.6. Consider approval of a proclamation proclaiming the week of November 14-20, 2011 as “BULLYING PREVENTION AND AWARENESS WEEK,” and authorizing the Mayor to sign. 7. 8. Citizens’ Appearance Consider approval of minutes: October 25, 2011.9. PUBLIC HEARING: Consider approval of an Ordinance to provide for the continued taxation of goods-in-transit otherwise to be exempt under section 11.253 of the Texas Property Tax Code, and authorizing the Mayor to sign. 10. Consider approval of an Ordinance for Case No. S-1247R, AT&T Mobility (First Assembly of God Church), a zoning change from S-1247 (Special Use Permit-1247) to S-1247R (Special Use Permit Revised-1247), to allow the co-location of antenna in the existing bell tower and an expansion of the shelter housing the equipment from 22’ x 20’ to 22’ x 30’, on .02 acres of property located at 200 S. Heartz Road and authorizing the Mayor to sign. 11. PUBLIC HEARING: Consider approval of Case No. S-1233R-LI, AT&T, a zoning change request from LI (Light Industrial) to S-1233R-LI (Special Use Permit-1233 Revised-Light Industrial), to allow nine (9) flush-mounted panel telecommunication antennae to be mounted on an existing water tower and an equipment cabinet within the base of the water tower located at 510 Southwestern Boulevard. 12. Page 2 City of Coppell, Texas Printed on 11/2/2011 November 8, 2011City Council Meeting Agenda PUBLIC HEARING: Consider approval of Case No. PD-201R-TH-2, Riverchase Townhomes, Lot 1, a zoning change request from PD-201-TH-2 (Planned Development-201-Townhouse-2) to PD-201R-TH-2 (Planned Development-201 Revised-Townhouse-2), to allow a 300-square-foot structure (a covered porch) to encroach approximately five feet into the required 12.9 rear-yard setback and the ten-foot drainage/utility easement and exceed the 50% lot coverage on 2,025 square feet of property located at 1115 Bethel School Court. 13. PUBLIC HEARING: Consider approval of Case No. S-1254-SF-12, Cottonwood Estates, Lot 5R, Block A, a zoning change request from SF-12 (Single Family-12) to S-1254-SF-12 (Special Use Permit 1254-SF-12), to allow the construction of a residence with stucco exterior which exceeds 20% to be located at 133 Cottonwood Drive. 14. Consider approval of a License Agreement between the City of Coppell and Red Hawk of Coppell Homeowners Association to allow the use of decorative street and regulatory signs, a gate house, and a welcome wall within the City’s right of way; and authorizing the City Manager to sign and execute any necessary documents. 15. Consider approval of awarding Bid #Q-1011-01 “Deforest Road Reconstruction” to Tiseo Paving Co. in the amount of $2,096,463.73 and approval of an incentive bonus amount of up to an additional $114,000.00 for a total award of $2,210,463.73, as provided for in the CIP funds; and authorizing the City Manager to sign and execute any necessary documents. 16. Consider approval of an Ordinance establishing the City's participation in the Texas Enterprise Zone Program pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, providing incentives, designating a liaison for communication with interested parties, and nominating Barcel USA, LLC to the Office of the Governor Economic Development & Tourism (EDT) through an Economic Development Bank (Bank) as an enterprise project, providing for an effective date and authorizing the Mayor to sign. 17. Consider approval of a Resolution approving an Amended and Restated Tax Abatement Agreement between the City of Coppell and Barcel USA, LLC, and authorizing the Mayor to sign. 18. Consider approval of a Resolution approving the City of Coppell casting its vote for the fourth member of the Board of Directors of the Dallas Central Appraisal District, and authorizing the Mayor to sign. 19. Consider approval of a Resolution approving the City of Coppell casting its vote(s) for member(s) of the Board of Directors of the Denton Central Appraisal District, and authorizing the Mayor to sign. 20. Consider appointments to the City’s Boards/Commissions/Committees. 21. 22. City Manager Reports 23. Mayor and Council Reports Page 3 City of Coppell, Texas Printed on 11/2/2011 November 8, 2011City Council Meeting Agenda Report by Mayor Stover regarding Metroplex Mayor’s Meeting.24. Council Committee Reports 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. 25. 26. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. 27. Necessary Action from Executive Session 28. 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 4th day of November, 2011, at _____________. ______________________________ Christel Pettinos, City Secretary Page 4 City of Coppell, Texas Printed on 11/2/2011 November 8, 2011City Council Meeting Agenda 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 makes 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). Page 5 City of Coppell, Texas Printed on 11/2/2011 MEMORANDUM TO: Mayor and City Council FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works DATE: November 8, 2011 REF: Discussion of proposed License Agreement wording for encroachments into Andy Brown Jr. Park East At the September 13, 2011 City Council meeting, Staff briefed Council on some existing encroachments onto Andy Brown Jr. Park East for houses along Parkview Place. Since that presentation, Staff has made contact with several property owners concerning encroachments, and has also crafted a proposed License Agreement to allow some encroachments to remain. Included with this memo is a copy of the proposed License Agreement with certain areas highlighted in yellow. Council may recall that the initial problem was brought to the City’s attention when a homeowner began constructing a shade structure without appropriate permitting. Once it was brought to the City’s attention, the City surveyed the property line of Andy Brown Jr. Park East in relationship to the west property line of the homes on Parkview Place that run in a north/south direction. The survey showed that every property along Parkview Place had some encroachment onto park property. The portion of Andy Brown Jr. Park that the encroachment is on lies between the backyard of the homes on Parkview Place and the channel that runs north/south. Therefore, it provides very limited usage, if any, to Andy Brown Jr. Park East. The main item to point out in the proposed License A greement is in the second highlighted ‘whereas’ where it is noted that the encroachments shall not exceed 5 feet adjacent to the west property line nor be closer than 10 feet to the highest adjacent ground elevation. The License Agreement also contains language that requires the removal of the encroachment if requested by the City. In addition, Paragraph ‘10’ states that the License Agreement can also be terminated if the City, in its sole discretion, has a need to utilize the encroachment area to serve a public purpose. What this means is that if situations change and the City has a need for that area for a public purpose associated with the park, then the City has the right to request that any encroachments on the park property be removed. Once Council indicates that the encroachment into the park of 5 feet is acceptable, then the City will approach the adjacent property owners on Parkview Place to have them review and execute the License Agreement. Once the License Agreements have been executed by the property owners, they will then be brought back to Council as part of the regular agenda for approval by Council. Staff will be available to answer any questions at the Council meeting. ____________________________________ License Agreement - Page 1 TM 51970.2.102411 STATE OF TEXAS § § LICENSE AGREEMENT COUNTY OF DALLAS § THIS AGREEMENT is made by and between the City of Coppell, Texas (hereinafter referred to as “CITY”) and Charles and Michaele Hardin of 312 Parkview Place (hereinafter referred to as “LICENSEE”) acting by and through their authorized representatives. WITNESSETH: WHEREAS, LICENSEE desires to construct or maintain a retaining wall along the west side of their property and/or a shade structure and/or a fence (any or all of which are hereinafter referred to “PERMITTED IMPROVEMENTS”) which may/or may not encroach within City of Coppell property known as Andrew Brown Jr. Park East, as shown on the attached survey marked Exhibit „A‟, and shown on the attached plat of Park Meadow I, vol. 85094 pg. 4483 marked Exhibit „B‟ and incorporated herein for all purposes; and WHEREAS, LICENSEE has requested the CITY allow the construction and/or continued use and occupancy of a portion of Andrew Brown Jr. Park East not to exceed five (5) feet adjacent to the west property line of 312 Parkview Place and not to be closer than ten (10‟) above the highest adjacent ground elevation, that does not interfere with the use of Andrew Brown Jr. Park East, (hereinafter referred to as the “ENCROACHMENT AREA”), as depicted in the Exhibits attached hereto for LICENSEE IMPROVEMENTS; WHEREAS, LICENSEE desires to construct or maintain PERMITTED IMPROVEMENTS within the ENCROACHMENT AREA and requests continued use and occupancy of the ENCROACHMENT AREA for PERMITTED IMPROVEMENTS; WHEREAS, LICENSEE acknowledges that if the PERMITTED IMPROVEMENTS are damaged, the CITY will not be responsible for repair or replacement of any PERMITTED IMPROVEMENTS within the ENCROACHMENT AREA. Any repair or replacement of the PERMITTED IMPROVEMENTS necessary as a result of damage and/or natural deterioration will be the sole responsibility of the LICENSEE. NOW THEREFORE, in consideration of the covenants contained herein and other valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Purpose: CITY hereby grants LICENSEE an irrevocable license agreement (hereinafter referred to as “AGREEMENT”) subject to the limitations and termination clauses of this AGREEMENT, for the purpose of construction and maintenance of the PERMITTED IMPROVEMENTS within the ENCROACHMENT AREA and being more particularly depicted on Exhibit „B‟ attached hereto and incorporated herein for all purposes. Only PERMITTED IMPROVEMENTS that meet the requirements of the ENCROACHMENT AREA will be allowed. ____________________________________ License Agreement - Page 2 TM 51970.2.102411 2. Term: The term of this AGREEMENT shall be perpetual, subject, however, to termination or other provisions as provided herein. 3. Non-exclusive: This AGREEMENT is nonexclusive and is subject to any existing utility, drainage or communications facilities located in, on, under, above or upon the ENCROACHMENT AREA, any utility or communication company, public or private, to all vested rights presently owned by any utility or communication company, public or private for the use of the CITY for facilities presently located within the boundaries of the ENCROACHMENT AREA and to any existing lease, license, or other interest in the ENCROACHMENT AREA granted by CITY to any individual, corporation or other entity, public or private. 4. Environmental Protection: LICENSEE shall not use or permit the use of the ENCROACHMENT AREA for any purpose that may be in violation of any laws pertaining to the health of the environment, including without limitation, the comprehensive environmental response, compensation and liability act of 1980 (“CERCLA”), the resource conservation and recovery act of 1976 (“RCRA”), the Texas Water Code and the Texas Solid Waste Disposal Act. LICENSEE warrants that the PERMITTED IMPROVEMENTS within the ENCROACHMENT AREA will not result in the disposal or other release of any hazardous substance or solid waste on or to the ENCROACHMENT AREA, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the ENCROACHMENT AREA by LICENSEE. The terms “hazardous substance and waste” shall have the meaning specified in CERCLA and the term solid waste and disposal (or dispose) shall have the meaning specified in the RCRA; provided, however, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment; and provided further, at the extent that the laws of the State of Texas establish a meaning for hazardous substance, release, solid waste, or disposal which is broader then that specified in the CERCLA or RCRA, such broader meaning shall apply. LICENSEE shall indemnify and hold CITY harmless against all costs, environmental clean up to the ENCROACHMENT AREA and surrounding CITY property resulting from LICENSEE‟ use of the ENCROACHMENT AREA under this AGREEMENT. 5. Mechanic’s liens not permitted: LICENSEE shall fully pay all labor and materials used in, on or about the ENCROACHMENT AREA and will not permit or suffer any mechanic‟s or material man‟s liens of any nature be affixed against Andrew Brown Jr. Park East by reason of any work done or materials furnished to the ENCROACHMENT AREA at LICENSEE‟ instance or request. 6. Duration of AGREEMENT: This AGREEMENT shall terminate and be of no further force and effect in the event LICENSEE discontinues or abandons the use of the PERMITTED IMPROVEMENTS or in the event LICENSEE removes the PERMITTED IMPROVEMENTS from the ENCROACHMENT AREA or upon termination by CITY whichever event first occurs, then this AGREEMENT shall be of no further effect. ____________________________________ License Agreement - Page 3 TM 51970.2.102411 7. Compliance with laws: LICENSEE agrees to abide by, be governed by, and be responsible for compliance with all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the LICENSEE. 8. INDEMNIFICATION: LICENSEE SHALL DEFEND, PROTECT AND KEEP CITY FOREVER HARMLESS AND INDEMNIFIED AGAINST AND FROM ANY PENALTY, OR ANY DAMAGE, OR CHARGE, IMPOSED FOR ANY VIOLATION OF ANY LAW, ORDINANCE, RULE OR REGULATION ARISING OUT OF THE USE OF THE ENCROACHMENT AREA BY THE LICENSEE, WHETHER OCCASIONED BY THE NEGLECT OF LICENSEE, ITS EMPLOYEES, OFFICERS, AGENTS, CONTRACTORS OR ASSIGNS OR THOSE HOLDING UNDER LICENSEE. LICENSEE SHALL AT ALL TIMES DEFEND, PROTECT AND INDEMNIFY AND IT IS THE INTENTION OF THE PARTIES HERETO THAT LICENSEE HOLD CITY HARMLESS AGAINST AND FROM ANY AND ALL LOSS, COST, DAMAGE, OR EXPENSE, INCLUDING ATTORNEY’S FEE, ARISING OUT OF OR FROM ANY ACCIDENT OR OTHER OCCURRENCE ON OR ABOUT THE ENCROACHMENT AREA CAUSING PERSONAL INJURY, DEATH OR PROPERTY DAMAGE RESULTING FROM USE OF ENCROACHMENT AREA BY LICENSEE, ITS AGENTS, EMPLOYEES, CUSTOMERS AND INVITEES, EXCEPT WHEN CAUSED BY THE WILLFUL MISCONDUCT OR NEGLIGENCE OF CITY, ITS OFFICERS, EMPLOYEES OR AGENTS, AND ONLY THEN TO THE EXTENT OF THE PROPORTION OF ANY FAULT DETERMINED AGAINST CITY FOR ITS WILLFUL MISCONDUCT OR NEGLIGENCE. LICENSEE SHALL AT ALL TIMES DEFEND, PROTECT, INDEMNIFY AND HOLD CITY HARMLESS AGAINST AND FROM ANY AND ALL LOSS, COST, DAMAGE, OR EXPENSE, INCLUDING ATTORNEY’S FEES ARISING OUT OF OR FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING FROM ANY FAILURE OF LICENSEE, THEIR OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR ASSIGNS IN ANY RESPECT TO COMPLY WITH AND PERFORM ALL THE REQUIREMENTS AND PROVISIONS HEREOF. 9. Action upon termination: At such time as this AGREEMENT may be terminated or canceled, due to cause or as defined in paragraph 10, LICENSEE, upon request by CITY, shall remove all PERMITTED IMPROVEMENTS and appurtenances owned by it, situated in, on, under, above or upon the ENCROACHMENT AREA and shall restore such ENCROACHMENT AREA to substantially the condition of the ENCROACHMENT AREA prior to LICENSEE‟s encroachment at LICENSEE sole expense. Cause is defined as the failure to maintain or repair the PERMITTED IMPROVEMENTS after written notice has been provided which details the required remedy. Cure time shall not be more than 30 days from the written notice or as agreed on by both parties. 10. Termination: This AGREEMENT may be terminated on written notice in any of the following ways: a. Mutual Written agreement of both parties; or ____________________________________ License Agreement - Page 4 TM 51970.2.102411 b. By CITY upon failure of LICENSEE to perform its obligations as set forth in this AGREEMENT; or c. By CITY, in its sole discretion, based on the need to utilize the ENCROACHMENT AREA to serve a public purpose. 11. Notice: When notice is permitted or required by this AGREEMENT, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid in the United States mail, certified return receipt requested, and addressed to the parties at the address set forth opposite their signature. Either party may designate from time to time another and different address for receipt of notice by giving notice of such change or address. 12. Attorney’s fees: Any signatory to this AGREEMENT, who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to this AGREEMENT, shall be entitled to recover court cost and reasonable attorney‟s fees from the non-prevailing party. 13. Governing law: This AGREEMENT is governed by the laws of the State of Texas; and venue for any action shall be in Dallas County, Texas. 14. Binding effect: This AGREEMENT shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. 15. Entire Agreement: This AGREEMENT embodies the entire agreement between the parties and supersedes all prior agreements, understandings, if any, relating to the property and the matters addressed herein and may be amended or supplemented only by written instrument executed by the party against whom enforcement is sought. 16. Recitals: The recitals to this AGREEMENT are incorporated herein by reference. 17. Legal construction: The provisions of this AGREEMENT are hereby declared covenants running with the property and are fully binding on all successors, heirs, and assigns of LICENSEE who acquire any right, title, or interest in or to the property or any part thereof. Any person who acquires any right, title, or interest in or to the property, or any part hereof, thereby agrees and covenants to abide by and fully perform the provisions of this AGREEMENT with respect to the right, title or interest in such property. ____________________________________ License Agreement - Page 5 TM 51970.2.102411 EXECUTED this ______ day of _________________, 2011. CITY OF COPPELL, TEXAS By: CLAY PHILLIPS, CITY MANAGER 255 Parkway Blvd., Coppell, TX 75019 ATTEST: By: ____________________________________________ CHRISTEL PETTINOS, CITY SECRETARY ACCEPTANCE ACKNOWLEDGED BY: LICENSEE: CHARLES HARDIN 312 PARKVIEW PLACE, Coppell, TX 75019 By: _____________________________________________________ MICHAELE HARDIN By: _____________________________________________________ ____________________________________ License Agreement - Page 6 TM 51970.2.102411 CITY’S ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of _______________, 2011 by Clay Phillips, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. ___________________________________ Notary Public, State of Texas My Commission Expires: _________________________ ____________________________________ License Agreement - Page 7 TM 51970.2.102411 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____________________ day of ____________________, 2011, by _______________________________________________, ___________________________________________________ owners of 312 Parkview Place . __________________________________________ NOTARY PUBLIC, State of Texas My Commission Expires: _________________________ 1 MEMORANDUM TO: Mayor and City Council VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works FROM: Keith R. Marvin, P.E., Project Engineer DATE: November 8, 2011 RE: Discussion seeking direction on proposed options to facilitate Oncor Utility relocations along Sandy Lake Road. The Engineering Department has been working with Oncor on the relocation of their overhead distribution lines along the north side of Sandy Lake Road since we completed right of way acquisition earlier this year. The entire distribution line from the west edge of the Weichert Realtors to North Coppell Road will be relocated approximately 25 feet further to the north. After completing their preliminary design, Oncor staked the proposed pole line, and the city contracted for the removal of the trees within the corridor that were in conflict with our proposed improvements between Denton Tap and South Coppell Road. After our removal, it became apparent that Oncor would need to trim additional tree limbs in order to keep the required clearance from their power lines. Approximately 8 feet of their required clearance is located outside the city right of way, and as such they have been actively negotiating with property owners for aerial trimming rights. The reason we are in front of you now is that Oncor has been unsuccessful in acquiring all the rights they need, and we have received a petition to preserve some trees that will be severely impacted by the relocation of the overhead power lines. The attached exhibit shows three options for dealing with the area between the Weichert Realtors and the property west of the Summer Place Subdivision. Option 1: The city pays nothing, and Oncor moves the lines where they can. This involves Oncor securing tree trimming agreements from those properties that have trees and/or limbs that would be within 10 feet of the right of way. If Oncor is unable to negotiate for these rights, they will bury portions of the line at their expense. At this time they have secured rights at all but the Lawson, Mills, Whatley, and Keeping properties. Oncor is working with Mr. Whatley, and it’s their opinion they will be able to come to an agreement. They have resigned themselves to burying the lines in front of Mills and 2 Lawson, and they are not making much progress with Mr. Keeping. This option will trim the 5 large pecan trees in front of Summer Place to such an extent that they will loose most of their benefit. Option 2: This option takes advantage of Oncor's decision to bury in front of Mills and Lawson, and extends the burial to Mr. Keeping's western property line. This would retain the aerial from the Weichert Realtors to the west side of Oak Trail where it would go underground, and remain buried through the Keeping property where it would go overhead again for the remainder of the project length. Oncor is willing to participate in the cost of this option, and they have calculated the city cost at $77,546.14. In addition to the monetary cost they would ask us to assist with securing two 20'x20' easements to accommodate necessary switchgear. One easement would be on the Whatley property, and one on the Keeping property. Option 3: This option is to bury the overhead lines from the Weichert Realtors to the west side of the Keeping property. This option will require three 20'x20' switchgear easements and two 10'x10' transformer easements. The city will be responsible for acquiring these easements. The city cost is estimated to be $500,000, including credit for the cost of moving poles, and the cost of the burial between Lawson and Mills. The second exhibit shows some current photographs of the area. Two of the large pecan trees will likely be removed during the road construction project. Two of the pictures show stakes representing proposed pole locations between the trees and the existing Summer Place screening wall. Under all the options discussed, the line continuing west to North Coppell Road will remain aerial. All necessary rights have been acquired by Oncor for this work. One statement that was made in the petition that was sent to Oncor and copied to the City was that the city had buried the Oncor power lines in front of the Sprouts complex that lies between the Weichert Realtors and Denton Tap Road. This is not an accurate statement. This line goes under Sandy Lake Road, and rises again to pass through the Verizon facility located on the south side of Sandy Lake Road. The Sprouts facility is fed by an aerial cable from Denton Tap along the north side of their building. Oncor Utility Relocation Options Sandy Lake Road City of Coppell Project ST99-02B Created in CIVIL3D 1 INCH = 1 MILE 0 S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2011.dwg \ST99-02B Created on: 2 November 2011 by Scott Latta 1/2 1 Shadydale LnOak TrlW Sandy Lake Rd Shady Oaks Summer Place DrCot t onwood Dr Shadydale LnW Sandy Lake Rd Shady Oaks Summer Place DrOak TrlCot t onwood Dr Shadydale LnOak TrlW Sandy Lake Rd Shady Oaks Summer Place DrCot t onwood Dr Option 1City Cost: Approx. $0 Option 2City Cost: Approx. $77,546.14 Option 3City Cost: Approx. $500,000 Petterson Addn(Keeping)WhatleyProperty MillsProperty LawsonProperty 20' x 20'Proposed Easement 10' x 10'Proposed Easement 10' x 10'Proposed Easement20' x 20'Proposed Easement20' x 20'Proposed Easement 20' x 20'Proposed Easement20' x 20'Proposed Easement Proposed Utility Lines2' South of property line Overhead Utility Linescontinue Petterson Addn(Keeping)WhatleyProperty MillsProperty LawsonPropertyProposed Utility Lines2' South of property line Overhead Utility Linescontinue Petterson Addn(Keeping)WhatleyProperty MillsProperty LawsonPropertyProposed Utility Lines2' South of property line Overhead Utility Linescontinue Proposed Overhead Power Line Proposed Underground Power Line Existing Overhead Power Lines Proposed Easement Parcel ± 0 300150Feet 1 inch = 150 feet 1 2 3 4 876 5 Stake represents proposed pole locationĀ1 Ā1 Stake represents proposed pole locationĀ1 Ā1 PROCLAMATION WHEREAS, bullying is a serious problem with long-lasting effects that can be the root cause of criminal behavior, depression, academic failure and lack of self-esteem later in life; and WHEREAS, bullying occurs among all genders, races, educational backgrounds and socioeconomic groups; and WHEREAS, bullying occurs in neighborhoods, playgrounds, schools, and through technology, such as the internet and cell phones; and WHEREAS, various researchers have concluded that bullying is the most common form of violence, affecting millions of American children and adolescents annually; and WHEREAS, children who bully are at greater risk of engaging in more serious violent behaviors; and WHEREAS, children who witness bullying often feel less secure, more fearful, and intimated; and WHEREAS, individuals and communities have the power to prevent bullying before it becomes a problem. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do hereby proclaim the week of November 14-18, 2011 as "BULLYING PREVENTION AND AWARENESS WEEK" in the City of Coppell, Texas, and encourage citizens to recognize bullying for the societal problem that it is and to make a difference by taking the time to get involved. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this _____ day of 2011. ___________________________ Douglas N. Stover, Mayor ATTEST: __________________________ Christel Pettinos, City Secretary City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 Minutes - Final - Draft City Council City of Coppell, Texas Page 1 Discussed under Executive Session City Manager Evaluation. A. Section 551.074, Texas Government Code - Personnel Matters. 2. Executive Session Closed to the Public 1st Floor Conference Room 8 - Present Douglas N. Stover;Tim Brancheau;Bob Mahalik;Brianna Hinojosa-Flores;Marsha Tunnell;Billy Faught;Marvin Franklin and Karen Hunt Mayor Stover called the meeting to order, determined that a quorum was present and convened into Executive Session at 6:05 p.m. 1. Call to Order The City Council of the City of Coppell met in Regular Called Session on Tuesday, September 13, 2011, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. Also present were City Manager Clay Phillips, City Secretary Christel Pettinos and City Attorney Robert Hager. DOUG STOVER MARSHA TUNNELL Mayor Mayor Pro Tem TIM BRANCHEAU BILLY FAUGHT Place 1 Place 5 BOB MAHALIK MARVIN FRANKLIN Place 2 Place 6 BRIANNA HINOJOSA-FLORES KAREN HUNT Place 3 Place 7 Tuesday, October 25, 2011 Council Chambers5:30 PM October 25, 2011City Council Minutes - Final - Draft Section 551.072, Texas Government Code - Deliberation regarding Real Property and Section 551.087, Texas Government Code - Economic Development Negotiations. Economic Development Prospects south of Bethel Road and west of S. Coppell Road. B. Discussed under Executive Session Section 551.071, Texas Government Code - Consultation with City Attorney and Section 551.072, Texas Government Code - Deliberation regarding Real Property. Seek legal advice from the City Attorney concerning the settlement and land purchase agreements with the Billingsleys at Northlake. C. Discussed under Executive Session Councilmember Mahalik arrived during Executive Session. Mayor Stover recessed the Executive Session at 7:00 p.m. and opened the Work Session. 3. Work Session Open to the Public 1st Floor Conference Room Presentation by Sandy Swanson of OrangeBoy, Inc. regarding Library Survey. Presentation by Greg Yancey with CSE Commercial Real Estate, L.P. regarding Old Town Coppell. Discussion of Agenda Items. Presented Mayor Stover adjourned the Work Session and opened the Regular Regular Session Open to the Public 7:30 p.m. 4. Invocation Councilmember Marvin Franklin led those present in the Invocation. 5. Pledge of Allegiance Mayor Stover led those present in the Pledge of Allegiance. City of Coppell, Texas Page 2 October 25, 2011City Council Minutes - Final - Draft Consider approval of a proclamation naming the week of October 23 through October 31, 2011 as RED RIBBON WEEK, and authorizing the Mayor to sign. 6. Mayor Stover read the proclamation for the record and presented the same to Deputy Chiefs Gary Nix and Matt Kosec, Officer R. J. Harr and McGruff. A motion was made by Councilmember Marvin Franklin, seconded by Councilmember Brianna Hinojosa-Flores, that this Agenda Item be Approved. The motion PASSED by a unanimous vote. 7 - Aye: Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Karen Hunt Consider approval of a proclamation naming the month of November Coppell ISD Education Foundation Month, and authorizing the Mayor to sign. 7. Mayor Stover read the proclamation for the record and presented the same to Kristi Hubbard, President, Paul Stephen and Jenny Reynolds from the CISD Education Foundation. A motion was made by Councilmember Brianna Hinojosa-Flores, seconded by Councilmember Bob Mahalik, that this Agenda Item be Approved . The motion PASSED by an unanimous vote. 7 - Aye: Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Karen Hunt Consider approval of a proclamation naming the week of November 7, 2011 - November 11, 2011 as Municipal Courts Week, and authorizing the Mayor to sign. 8. Mayor Stover read the proclamation for the record and presented the same to Municipal Judges Terry Landwehr and Kim Nesbitt. A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by Councilmember Karen Hunt, that this Agenda Item be Approved. The motion PASSED by a unanimous vote. 7 - Aye: Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Karen Hunt Annual State of the Court Address presented by the Honorable Marian Moseley.9. Postponed This item was postponed. City of Coppell, Texas Page 3 October 25, 2011City Council Minutes - Final - Draft Presentation by Lou Duggan regarding the Coppell Nature Park. 10. Presented Mr. Duggan made a presentation to the Council. Report by the Park Board. 11. Presented Jack Clark, Vice Chair, gave the board’s semi-annual report. 12. Citizens’ Appearance Mayor Stover advised that no one signed up to speak. Consider approval of the minutes for October 11, 2011. 13. A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by Councilmember Marvin Franklin, that this Agenda Item be Approved. The motion PASSED by a unanimous vote. 7 - Aye: Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Karen Hunt PUBLIC HEARING: To consider establishing the City’s participation in the Texas Enterprise Zone Program pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, providing incentives, designating a liaison for communication with interested parties and nominating Barcel USA, L.L.C. to the Office of the Governor Economic Development & Tourism (EDT) through an Economic Development Bank (Bank) as an enterprise project. 14. Mindi Hurley, Economic Development Coordinator, made a presentation to the Council. Mayor Stover opened the Public Hearing and advised that no one signed up to speak. A motion was made by Councilmember Tim Brancheau, seconded by Councilmember Billy Faught, to Close the Public Hearing and Approve this Agenda Item. The motion PASSED by a unanimous vote. 7 - Aye: Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Karen Hunt City of Coppell, Texas Page 4 October 25, 2011City Council Minutes - Final - Draft Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Shaw Industries, Inc., and authorizing the Mayor to sign. 15. Mindi Hurley, Economic Development Coordinator, made a presentation to the Council. A motion was made by Councilmember Tim Brancheau, seconded by Councilmember Marvin Franklin, that this Resolution be Approved. The motion PASSED by a unanimous vote. 7 - Aye: Councilmember Tim Brancheau;Councilmember Bob Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and Councilmember Karen Hunt City Manager Reports Project Updates and Future Agendas. 16. Read and Filed City Manager, Clay Phillips reported that early voting for the November 8th Election began at Town Center on Monday, October 24th and will continue until Friday, November 4th. He also reported that staff has begun distributing the new resident packets. Oncor is needing to move additional power lines along Sandy Lake Road and is considering burying the lines. More information will follow as it becomes available. Mr. Phillips also reported that Mayor Pro Tem Tunnell, Councilmember Hinojosa-Flores, and Deputy City Manager, Mario Canizares hosted the kick-off meeting for the Healthy Communities Initiative held on October 24th. The meeting was well attended and a follow-up meeting will be held in the near future. This will be a community-led program. For future agendas, Mr. Phillips announced that only one council meeting will be held in November and December. Mayor and Council Reports Report by Mayor Stover regarding Make a Child Smile. 17. Read and Filed Mayor Stover reported that the ornaments for Make a Child Smile will be available for pick-up on Novemeber 1st. Gifts need to be returned to the City by December 10th. City of Coppell, Texas Page 5 October 25, 2011City Council Minutes - Final - Draft 18. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. Mayor Stover reported that he will be visiting Pinkerton Elementary next week for Red Ribbon Week. He will also be attending a luncheon at the Coppell Senior Center on October 26th. Mayor Stover thanked Congressman Kenny Merchant for his generous donation to the Coppell Nature Park and County Commissioner Dr. Elba Garcia for her generous donation to the Community Gardens. Mayor Stover reported that a website has been set up for Coppell resident and business owner Michael Lee. The website was designed to communicate with the family and accept donations to assist with his medical needs. The web address is www.friendofmike.com. 19. Necessary Action from Executive Session Mayor Stover reconvened into Executive Session at 8:47 p.m. Mayor Stover adjourned the Executive Session at 10:05 p.m. and reconvened into Regular Session. A motion was made by Councilmember Billy Faught to increase the salary of the City Manager to $198,000 per year retroactive to October 1, 2011, seconded by Councilmember Bob Mahalik, that this Item be Approved . The motion PASSED by a vote of 6-1. Mayor Pro Tem Marsha Tunnell voted against this item. 20. Adjournment There being no further business to come before the City Council, the meeting was adjourned. ________________________ Douglas N. Stover, Mayor City of Coppell, Texas Page 6 October 25, 2011City Council Minutes - Final - Draft 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 21st day of October, 2011, at _____________. ______________________________ Christel Pettinos, City Secretary 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 makes 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). City of Coppell, Texas Page 7 NNIICCHHOOLLSS,, JJAACCKKSSOONN,, DDIILLLLAARRDD,, HHAAGGEERR && SSMMIITTHH,, LL..LL..PP Peter G. Smith E-mail: psmith@njdhs.com Attorneys & Counselors at Law 1800 Lincoln Plaza 500 North Akard Street Dallas, Texas 75201 (214) 965-9900 Fax (214) 965-0010 E-mail NJDHS@NJDHS.com ROBERT L. DILLARD, JR. (1913-2000) H. LOUIS NICHOLS (1916-2010) ROBERT L. DILLARD, III OF COUNSEL LAWRENCE W. JACKSON OF COUNSEL August 24, 2011 Via Email: cbeach@coppelltx.gov Chad Beach City of Coppell, Texas 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019-9478 Re: Taxation of Goods-in-Transit Dear Chad: Senate Bill 1 passed by the 82nd Texas Legislature, First Called Special Session, inter alia, amended Section 11.253 of the Tax Code regarding the exemption for “Goods-in-Transit”. Previously, the City took action to tax Goods-in-Transit; otherwise, such property would be exempt from taxation. If the City desires to continue to tax such property, it will again be necessary for the City to take action to tax such property to opt out of the local exemption provided by Section 11.253 of the Tax Code. Section 11.253, Tax Code, was amended to prohibit a taxing unit from taxing Goods-in- Transit in a tax year that begins on or after January 1, 2012, unless the governing body of the taxing unit takes action on or after October 1, 2011, and before January 1, 2012, to provide for the taxation of the Goods-in-Transit. Action to tax Goods-in-Transit must be taken before January 1, 2012 if the taxing unit intends to tax the property for tax year 2012, regardless of any prior action by the City Council to tax this class of property. The City Council must conduct a public hearing prior to adopting an ordinance or resolution to tax the exempt property. If the City Council provides for such taxation, the exemption for Goods-in-Transit does not apply and Goods-in-Transit remain subject to taxation by the City until the governing body rescinds or repeals its previous action to tax Goods-in- Transit. In short, in order to continue to tax Goods-in-Transit, the City Council must adopt an ordinance or resolution to tax such property on or after October 1, 2011, and before January 1, 2012; otherwise, the property is exempt for tax year 2012. The action to tax the property must be preceded by a public hearing which may be held no sooner than October 1, 2011. The public hearing and adoption of the resolution or ordinance may take place at the same meeting. The statute and Constitution doe not require any specific Chad Beach August 24, 2011 Page 2 notice or advertisement for the public hearing. For your convenience, we have enclosed a proposed ordinance for consideration by the City Council. Thank you for your attention. If you have any questions please do not hesitate to contact me. Very truly yours, NICHOLS, JACKSON, DILLARD HAGER & SMITH, L.L.P. By: Peter G. Smith PGS:tlo:50936 Enclosure cc: Mindi Hurley (Via Email: mhurley@coppelltx.gov) 1 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ______ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, PROVIDING FOR THE TAXATION OF GOODS-IN-TRANSIT; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Senate Bill 1 passed by the 82nd Texas Legislature, First Called Special Session, inter alia, amended Section 11.253 of the Tax Code regarding the exemption for “Goods-in-Transit”; and WHEREAS, Section 11.253, Tax Code, was amended to prohibit a taxing unit from taxing Goods-in-Transit in a tax year that begins on or after January 1, 2012, unless the governing body of the taxing unit takes action on or after October 1, 2011, to provide for the taxation of the Goods-in-Transit; and WHEREAS, the governing body is required by the new legislation to take action to tax Goods-in-Transit after public hearing even if the governing body previously took action to tax Goods-in-Transit; and WHEREAS, previously the City Council took action to tax Goods-in-Transit; and WHEREAS, the City may choose to opt out of the local exemption for Goods-in-Transit by holding a public hearing and taking action to continue tax such goods on or after October 1, 2011, but prior to January 1, 2012; otherwise, such property will be exempt from taxation; and WHEREAS, the City desires to continue to tax Goods-in-Transit beginning tax year 2012; and WHEREAS, the City Council has conducted a public hearing as required by Section 1-n (d), Article VIII, Texas Constitution, at which citizens were provided an opportunity to speak; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, DALLAS COUNTY, TEXAS, THAT: SECTION 1. Beginning tax year 2012, and continuing thereafter until further action is taken by the City Council, “Goods-in-Transit”, as defined by Tax Code, Section 11.253, shall be subject to property taxation by the City. SECTION 2. 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 2 ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 3. 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 ___________________, 2011. APPROVED: ________________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (PGS:08-24-11:TM 50938) 1 TM 51997.2.102411 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM S-1247 (SPECIAL USE PERMIT-1247) TO S-1247R (SPECIAL USE PERMIT REVISED-1247), TO ALLOW THE CO-LOCATION OF ANTENNA IN THE EXISTING BELL TOWER AND AN EXPANSION OF THE SHELTER HOUSING THE EQUIPMENT FROM 22’ X 20’ TO 22’ X 30’, ON .02 ACRES OF PROPERTY LOCATED AT 200 S. HEARTZ ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE ZONING/LOCATION MAP, OVERALL SITE PLAN, ENLARGED SITE PLAN, ELEVATION and ANTENNA DETAILS, ATTACHED HERETO AS EXHIBITS “B”, “C”, “D”, AND “E” RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. S-1247R 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 2 TM 51997.2.102411 heretofore amended, be and the same is hereby amended to grant a change in zoning from S-1247 (Special Use Permit-1247) to S-1247R (Special Use Permit Revised- 1247), to allow the placement of an additional antenna (co-location) in the existing bell tower and an expansion of the structure housing the equipment from 22’ x 20’ to 22’ x 30’, on .02 acres of property located at 200 S. Heartz Road, being more particularly described in Exhibit “A” attached hereto and made a part hereof for all purposes, subject to special conditions. SECTION 2. That the Special Use Permit to allow the additional antenna in the existing bell tower and an expansion of the structure housing the equipment is hereby amended, subject to the following special conditions: A) Except as amended herein, the property shall be developed in accordance with Ordinance No. 91500-A-508, which is incorporated herein. B) The site shall be developed in accordance with the regulations and Exhibits “B” through “E” incorporated in Section 3 of this ordinance. SECTION 3. That the Zoning/Location Map, Overall Site Plan, Enlarged Site Plan, Elevation and Antenna Details, attached hereto as Exhibits “B”, “C”, “D” and “E” respectively, and made a part hereof for all purposes, are hereby approved. SECTION 4. That the above property shall be used 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 51997.2.102411 SECTION 5. That the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. 4 TM 51997.2.102411 SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2011 APPROVED: _____________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _____________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb [reviewed only]) ITEM # 06 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: S-1233R-LI, AT&T P&Z HEARING DATE: October 20, 2011 C.C. HEARING DATE: November 8, 2011 STAFF REP.: Gary Sieb, Planning Director LOCATION: 510 Southwestern Boulevard SIZE OF AREA: <1 acre of property CURRENT ZONING: LI (Light Industrial) REQUEST: A zoning change to S-1233R-LI (Special Use Permit-1233 Revised-Light Industrial), to allow nine (9) flush-mounted panel telecommunication antennae to be mounted on an existing water tower and an equipment cabinet within the base of the water tower. APPLICANT: AT&T David Kirk 7219 Westbrook Lane Dallas, TX. 75214 (469) 360-0098 No Fax Email: dave.kirk@rwrwireless.com HISTORY: There was a similar case submitted in early 2006 by T-Mobile USA which was subsequently denied by Council at the request of the applicant. There have been several construction projects on nearby properties including the construction of the water tower in 1986. In addition, our Fire Administration/Building Inspection office was constructed in 1992, a fire station was built on an adjacent property in 1995, and most recently, our Animal Shelter and Adoption Center was constructed in 1999. ITEM # 06 Page 2 of 3 TRANSPORTATION: Southwestern Boulevard in a C4U, four-lane undivided thoroughfare contained within a 70-foot right-of-way. It is improved from Freeport Parkway to its intersection with Belt Line Road on the east. SURROUNDING LAND USE & ZONING: North- warehouse and vacant; LI (Light Industrial) South- vacant; LI (Light Industrial) East- municipal building; LI (Light Industrial) West- fire station; LI (Light Industrial) COMPREHENSIVE PLAN: The Comprehensive Plan of March 2011 shows the property as suitable for light industrial/showroom uses. DISCUSSION: As mentioned in the History section of this report, a similar case for antenna construction was requested by T-Mobile back in 2006. That case received unanimous approval of the Planning Commission but was denied by Council at the request of the applicant. There were two compelling reasons for the denial of the request. One, the water tower was scheduled for re-painting at about the time T-Mobile submitted their request and the logistics of waiting until the tower was painted did not meet the deployment schedule of T-Mobile. Two, there was some concern regarding our leasing fees ($2000/month) for the tower rights. The applicant in this case is AT&T. They have submitted a request that would allow nine (9) flush mounted telecommunication antennae to be mounted on the face of the water tower with an equipment cabinet facility located at the base of the tower. The antennae are 6’ 4” long, approximately 5” wide and 10 ½” thick. Being located roughly 80 feet above grade, they will be dwarfed by the water tower itself and very difficult to be even seen from the ground. The equipment cabinet will be approximately six (6) feet tall, and located at the base of the tower. It will be constructed of the same brick used on the fire station and the building inspection/fire administration building. Finally, we have included a copy of the typical lease agreement we enter into with our antenna providers. Although the draft document indicates a $2000 monthly rental fee, this particular document was drafted back in 2006. We now collect $3,000 monthly fees for locating on city owned facilities, and the lease is in effect for five years with extension provisions. Staff supports this request with conditions as listed below. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request subject to the following conditions: 1. Approval of the License for Communications Facilities between the City and AT&T. 2. Submission of a locational listing of all AT&T antenna locations in Coppell. ITEM # 06 Page 3 of 3 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, Elevations, Details (Sheets T-1, C-1, 2, 3, 5 and 6) 2. Copy of Draft Lease Agreement Copyright © and (P) 1988–2009 Microsoft Corporation and/or its suppliers. All rights reserved. http://www.microsoft.com/mappoint/Certain mapping and direction data © 2009 NAVTEQ. All rights reserved. The Data for areas of Canada includes information taken with permission from Canadian authorities, including: © Her Majesty the Queen in Right of Canada, © Queen's Printer for Ontario. NAVTEQ and NAVTEQ ON BOARD are trademarks of NAVTEQ. © 2009 Tele Atlas North America, Inc. All rights reserved. Tele Atlas and Tele Atlas North America are trademarks of Tele Atlas, Inc. © 2009 by Applied Geographic Systems. All rights reserved.AT&T Coppell0 mi123 ITEM # 05 Page 1 of 2 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-201R-TH-2, Riverchase Townhomes, Lot 1 P&Z HEARING DATE: October 20, 2011 C.C. HEARING DATE: November 8, 2011 STAFF REP.: Gary Sieb, Planning Director LOCATION: One townhouse lot located at 1115 Bethel School Court SIZE OF AREA: 2,025 square feet of property CURRENT ZONING: PD-201-TH-2 (Planned Development-201-Townhouse-2) REQUEST: A zoning change request to PD-201R-TH-2 (Planned Development-201 Revised- Townhouse-2), to allow a 300-square-foot structure (a covered porch) to encroach approximately five feet into the required 12.9 rear-yard setback and the ten-foot drainage/utility easement and exceed the 50% lot coverage. APPLICANT: Mr. Kurt Stevermer 1115 Bethel School Court Coppell, Texas 75019 (972) 824-3091 (no fax) email: kstevermer@yahoo.com HISTORY: This lot was included in a zoning request for a number of single-family attached homes with common area on 4.4 acres of property in May-June 2004. The zoning was granted and the project is complete with 48 units. TRANSPORTATION: MacArthur Boulevard is shown as a P6D, six-lane divided thoroughfare contained within a 110-foot right-of-way. It has been improved as a four-lane divided street. Bethel School Court, the street upon which this property faces, is a two-lane, 27-foot wide, local street contained within a 50-foot right-of-way. ITEM # 05 Page 2 of 2 SURROUNDING LAND USE & ZONING: North- public baseball fields; SF-7 zoning South: single family residences; SF-9 East- power line right-of-way; O (Office) zoning West: public baseball fields and single-family homes; SF-7 and SF-9 COMPREHENSIVE PLAN: The Comprehensive Plan of March 2011 shows the property as suitable for development as a residential neighborhood. DISCUSSION: This proposal, if approved, would allow a home owner to add a 300-square-foot patio cover to the rear of his house. The request is based upon the homeowner’s concern that baseballs hit from the ball diamonds immediately north of his home could (and have) damage his homestead. By constructing the patio cover, the majority of balls would harmlessly hit the roof of the structure. This applicant has already met with his Homeowner’s Association and the HOA has supported his request as indicated by the attached Association letter. The applicant has also provided staff with a scale model of his proposal and we have added a number of power point slides of the model to better convey what is requested here. Overall we do not have a problem with this request, but have a few conditions that need to be included in any approval recommendation. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request with the following conditions: 1. Indicate the 10-foot easement as a utility/drainage easement on all exhibits. 2. The post and deck/patio shall not block the flow of water through the easement. 3. The patio structure shall not be enclosed. 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. HOA Letter expressing approval of the request 2. Seven 8 ½” by 11” exhibits of applicants proposal ITEM # 4 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: S-1254-SF-12, 133 Cottonwood Drive P&Z HEARING DATE: October 20, 2011 C.C. HEARING DATE: November 8, 2011 STAFF REP.: Marcie Diamond, Assistant Planning Director LOCATION: 133 Cottonwood Drive SIZE OF AREA: 5.4 acres of property CURRENT ZONING: SF-12 (Single Family-12) REQUEST: A zoning change to S-1254-SF-12 (Special Use Permit 1254-SF-12), to allow the construction of a residence with stucco exterior which exceeds 20%. APPLICANT: Owner: Architect: Dave and Susan Fiorelli Bruce Bernbaum 609 Gifford Court Bernbaum/Magadini Architects Coppell, Texas 75019 4645 North Central Expressway #220 972-393-121 Dallas, Texas 75205 972-393-122 214-219-4528 s.fiorelli@verizon.net bruce@bmarchitects.com HISTORY: Cottonwood Estates was originally platted as a 14-lot subdivision in 1978, with lot sizes ranging in size from 4.5 to 5.7 acres. Since that time, Lots 13 and 14 were replatted to change the frontage from West Sandy Lake to Cottonwood Drive. Two Minor Amending Plats have been approved within this subdivision to adjust the platted floodway easement/building line to be reflective of current floodplain elevations, including Lot 5, which is the current request area. TRANSPORTATION: Cottonwood Drive is a 1,800-foot long asphalt cu-de-sac street, built within 60 feet of right-of-way. ITEM # 4 Page 2 of 3 SURROUNDING LAND USE & ZONING: North: single family homes; SF-12 East: single family homes; SF-12 South: single family homes; SF-12 West: single family homes: PD-98-SF-9 COMPREHENSIVE PLAN: The Comprehensive Plan of March 2011, shows the property as suitable for Residential Neighborhood uses. DISCUSSION: Section 12-11-5 of the Zoning Ordinance, requires 80% of exterior walls to be masonry construction. Section 12-42-1 further defines masonry as “Brick, stone, concrete or other similar materials but excluding stucco and “concrete blocks”. Section 12-30-6.12 provides for a Special Use Permit (SUP) application to be submitted to allow stucco construction which exceeds the 20% threshold. The current request is to allow the construction of a 10,602-square-foot residence on a 5.4-acre lot. This square footage includes the two-story, 7,536-square-foot main structure and approximately 3,000 square feet of garage, pavilion and other accessory structures. As indicated on the detailed elevations, the front elevation is compliant with the 20% non-masonry regulation, however, the side elevations are proposed to be 31% and 54% stucco, and the rear elevation, 56% stucco. The overall percentage non-masonry (stucco) of the main structure is proposed to be 28%. If the 1,262-square-foot, 100% masonry pavilion is included, the overall non-masonry percentage decreases to 24%. This proposed residence will be set back approximately 85 feet from Cottonwood Drive, well exceeding the 30-foot setback as required by the existing SF-12 district zoning. The visibility from the street will be further obscured by the mature trees to be preserved and proposed landscaping as illustrated on the Concept Landscape Plan. Based on the fact that the front of the house contains only 20% stucco, and the sides and rear of the structure are partially screened with landscaping, thus minimizing the stucco effect, we can support this request. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of S-1254-SF-12, 133 Cottonwood Drive, subject to: 1. Add the Finish Floor Elevation to the Site Plan. 2. The development of this property shall be in accordance with the Site Plan, Elevations and Color Board. 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 ITEM # 4 Page 3 of 3 ATTACHMENTS: 1. Site Plan 2. Conceptual Landscape Plan with 1st Floor Plan 3. Elevations 4. Floor Plan 5. Elevations and Floor Plan of Pavilion "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING TO: Mayor and City Council VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works FROM: Michael Garza, E.I.T., Graduate Engineer DATE: November 8, 2011 RE: Consider approval of a License Agreement between the City of Coppell and Red Hawk of Coppell Homeowners Association to allow the use of decorative street and regulatory signs, a gate house, and a welcome wall within the City’s right of way; and authorizing the City Manager to sign and execute any necessary documents. The Holmes Builders, the developer of Red Hawk Subdivision, is requesting to build a gate house and a welcome wall in the City’s Right of Way. The License Agreement will be for the use of the right-of-way and the maintenance of the guard house and welcome wall by the Homeowners Association (HOA). The developer has also requested to install decorative street signs and poles and decorative regulatory signs and poles that are not in compliance with City of Coppell standards, similar to Arbor Manors. This License Agreement also assigns the maintenance and responsibility of the street signs to the HOA. If a sign and pole is damaged the City of Coppell will install a standard pole and sign. The HOA will be responsible to replace our standard pole and sign with a decorative one and return the standard pole and sign to the City of Coppell. Staff recommends approval of the License Agreement between the City of Coppell and Red Hawk of Coppell Homeowners Association and will be available to answer questions at the Council meeting. STA TE OF TEXAS COUNTY OF DALLAS THIS AGREEMENT is made by and between the City of Coppell, Texas (hereinafter referred to as "CITY") and Red Hawk Homeowners Association (hereinafter collectively referred to as "LICENSEE") acting by and through their authorized representatives. WITNESSETH: WHEREAS, LICENSEE has installed or will install a gate house, and welcome wall (herein after referred to as "Licensee Improvements") at the entrance of Red Hawk within the ninety-foot CITY right-of-way easement of Blackburn Drive, as shown on the attached Exhibit , A'; and incorporated herein for all purposes; and WHEREAS, LICENSEE will maintain the gate house and welcome wall within the right-of-way of Red Hawk Subdivision and request continued use and occupancy of the right-of way for LICENSEE IMPROVEMENTS; and WHEREAS, LICENSEE has requested the CITY allow the construction and continued use and occupancy ofthe right-of-way for LICENSEE IMPROVEMENTS; and WHEREAS, LICENSEE has installed or will install decorative street signs and decorative regulatory signs within the right-of-way of Red Hawk Subdivision and request continued use and occupancy of the right-of-way for LICENSEE IMPROVEMENTS; and WHEREAS, LICENSEE will maintain the decorative street signs and decorative regulatory signs within the right-of-way of Red Hawk subdivision and requests continued use and occupancy of the right-of-way for LICENSEE IMPROVEMENTS; and WHEREAS, LICENSEE acknowledges that if any permitted sign within the subdivision is damaged, the CITY will replace it with a standard CITY sign and pole. Any decorative sign and pole installed as a result of damage will be the sole responsibility of the LICENSEE. If installed, LICENSEE shall return the standard CITY sign and pole to the CITY's service center at 816 S. Coppell Road; NOW THEREFORE, in consideration of the covenants contained herein and other valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Purpose: CITY hereby grants LICENSEE a revocable license, for the purpose of construction and maintenance of the gate house and welcome wall at the entrance and decorative street signs and regulatory signs within the CITY right-of-way easement (the "PERMITTED IMPROVEMENTS") and being more particularly depicted on Exhibit 'c' attached hereto and incorporated herein for all purposes. With the exception of the gate house and welcome wall at License Agreement -Page I the entrance and signs, no additional permanent structures shall be allowed within the CITY right-of-way. 2. Term: The term of this License shall be perpetual, subject, however, to termination by the CITY as provided herein. 3. Non-exclusive: This License is nonexclusive and is subject to any eXIstmg utility, drainage or communications facilities located in, on, under or upon the right-of-way or property owned by CITY, any utility or communication company, public or private for the use of the CITY right-of-way for facilities presently located within the boundaries of the right-of-way and to any existing lease, license, or other interest in the easement granted by CITY to any individual, corporation or other entity, public or private. 4. Environmental Protection: LICENSEE shall not use or permit the use of the property for any purpose that may be in violation of any laws pertaining to the health of the environment, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), the Resource Conservation and Recovery Act of 1976 ("RCRA"), the Texas Water Code and the Texas Solid Waste Disposal Act. LICENSEE warrants that the PERMITTED use of the property will not result in the disposal or other release of any hazardous substance or solid waste on or to the property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the property or adjoining property by LICENSEE. The terms "hazardous substance and waste" shall have the meaning specified in CERCLA and the term "solid waste disposal ( or dispose)" shall have the meaning specified in RCRA; provided, however, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment; and provided further, at the extent that the laws of the State of Texas establish a meaning for hazardous substance, release, solid waste, or disposal which is broader than that specified in the CERCLA or RCRA, such broader meaning shall apply. LICENSEE shall indemnify and hold CITY harmless against all costs, environmental clean up to the property and surrounding CITY property resulting from LICENSEE'S use of the property under this License. 5. Mechanic's Liens not Permitted: LICENSEE shall fully pay all labor and materials used in, on or about the property and will not permit or suffer any mechanic's or materialman's liens of any nature be affixed against the property by reason of any work done or materials furnished to the property at LICENSEE'S instance or request. 6. Duration of License: This License shall terminate and be of no further force and effect in the event LICENSEE shall discontinue or abandon the use of the PERMITTED IMPROVEMENTS or in the event LICENSEE shall remove the PERMITTED IMPROVEMENTS from the property or upon termination by CITY whichever event first occurs; or, in the event that the CITY abandons the property depicted as an easement on Exhibits 'A', 'B' and 'C', then this agreement shall be of no further effect. 7. Compliance with Laws: LICENSEE agrees to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the LICENSEE. License Agreement -Page 2 8. Indemnification: LICENSEE shall defend, protect and keep CITY forever harmless and indemnified against and from any penalty, or any damage, or charge, imposed for any violation of any law, ordinance, rule or regulation arising out of the use of the property by LICENSEE, whether occasioned by the neglect of LICENSEE, its employees, officers, agents, contractors or assigns or those holding under LICENSEE. LICENSEE shall at all times defend, protect and indemnify CITY and it is the intention of the parties hereto that LICENSEE hold CITY harmless against and from any and all loss, cost, damage, or expense, including attorney's fees, arising out of or from any accident or other occurrence on or about the property causing personal injury, death or property damage resulting from use of property by LICENSEE, its agents, employees, customers and invitees, except when caused by the willful misconduct or negligence of CITY, its officers, employees or agents, and only then to the extent of the proportion of any fault determined against CITY for its willful misconduct or negligence. LICENSEE shall at all times defend, protect, indemnify and hold CITY harmless against and from any and all loss, cost, damage, or expense, including attorney's fees arising out of or from any and all claims or causes of action resulting from any failure of LICENSEE, their officers, employees, agents, contractors or assigns in any respect to comply with and perform all the requirements and provisions hereof. 9. Action upon Termination: At such time as this License may be terminated or canceled for any reason whatsoever, LICENSEE, upon request by CITY, shall remove all PERMITTED IMPROVEMENTS and appurtenances owned by it, situated in, under or attached to the CITY right-of-way and shall restore such property to substantially the condition of the property prior to LICENSEE'S encroachment at LICENSEE'S sole expense. 10. Termination: This Agreement may be terminated in any of the following ways: a. Written agreement of both parties. b. By CITY upon failure of LICENSEE to perform its obligations as set forth in this Agreement; c. By CITY abandoning any interest in the right-of-way easement. 11. Notice: When notice is permitted or required by this Agreement, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid in the United States mail, certified return receipt requested, and addressed to the parties at the address set forth opposite their signature. Either party may designate from time to time another and different address for receipt of notice by giving notice of such change or address. 12. Attorney's Fees: Any signatory to this Agreement, who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to this Agree~~nt shall be entitled to recover court cost and reasonable attorney's fees from the non-prevaIhng party. 13. Governing Law: This Agreement is governed by the laws of the State of Texas; and venue for any action shall be in Dallas County, Texas. 14. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successor and assigns. License Agreement Page 3 15. Entire Agreement: This Agreement embodies the entire agreement between the parties and supersedes all prior agreements, understandings, if any, relating to the property and the matters addressed herein and may be amended or supplemented only by written instrument executed by the party against whom enforcement is sought. 16. Recitals: The recitals to this Agreement are incorporated herein by reference. 17. Legal Construction: The provisions of this Agreement are hereby declared covenants running with the property and are fully binding on all successors, heirs, and assigns of LICENSEE who acquire any right, title, or interest in or to the property or any part thereof. Any person who acquires any right, title or interest in or to the property, or any part hereof, thereby agrees and covenants to abide by and fully perform the provisions of this agreement with respect to the right, title or interest in such property. EXECUTED this __day _______, 2011. CITY OF COPPELL, TEXAS By: _______________________________ Name/Titles: ______________ ATTEST: By: ______________________ Name/Title: _________________ ACCEPTANCE ACKNOWLEDGED BY: LICENSEE: EOWNERS ASSOCIATION By: _______~______________ TERRY HOLMES, PRESIDENT/ DIRECTOR License Agreement -Page 4 ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the 1'"day of JltJV4111 J~ ___,2011, by Terry Holmes, President and Director, of Red Hawk Homeowners Association, a Texas non-profit corporation, on behalf of said corporation. DAVID HAYES "Notary Public. 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""Ibe_!t!I'..I<\b.... tl'Olll'"""a<X>Mot(\O'l~ __m"_ ~"_feei{tr;fl'om"'*.. t>Q!JIIo< 51 Adr~~appr<Mldb1h~El"\'liI\elIf ... btloq\lhd ......... ~.mol"!'NoI,.for..- SEl' SHEET 2 FOR LEGAL OESCRlPllON .I< OWNER'S DEDICATiON SHEET 1 OF 2 ANAL PlAT RED HAWK LOTS 1-28, BLOCK A lc LOTS 1-28. BlOCK B 10. 1&4:t07 AW tRAeT IN lH£ EDWARD A. CROW SURVEY, ABSTRACT NO. 301 CITY OF COPPEll, DALLAS COUNTY, lEX,S PH OF GATE J+ou.5E, A-tV b c..,..J 6' LC. d M t: WAL ....loc..-PcT\orU ....bl----+-1Gt~, \ \ \ \ \ \ \ ) . I --- I,O,f] , r , ft' \. ,,'t \. ". .,. 1 ,I \ \ I " , '. .. " 'b--, N o If ;z: I r----.,\\,· \ . \ 'I I " nil2-1:il' ~ \, ~ (\ ~-~!II IS \ I f ,I. t.., MEMORANDUM TO: Mayor and City Council VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works FROM: George S. Marshall, P.E., Civil Engineer DATE: November 8, 2011 REF: Consider approval of awarding Bid #Q-1011-01 “Deforest Road Reconstruction” to Tiseo Paving Co. in the amount of $2,096,463.73 and approval of an incentive bonus amount of up to an additional $114,000.00 for a total award of $2,210,463.73, as provided for in the CIP funds; and authorizing the City Manager to sign and execute any necessary documents. On October 7, 2007 Council awarded a design contract to GSWW, Inc for the design of improvements from MacArthur Boulevard east to the entrance of the Windsor Estates subdivision. Deforest Road currently exists as a two-lane asphalt country-type road with borrow ditches on both sides. It will be reconstructed as a 28-foot concrete street with improved drainage, continuous sidewalk on the both sides of the road and a traffic signal at the intersection of MacArthur Blvd. & Deforest Road. A northbound left turn lane will also be constructed to accommodate the west portion of Deforest Road. On October 20, 2011 the City of Coppell received and opened 8 bids for the Deforest Road Reconstruction project. The bids ranged from $2,096,463.73 to $2,969,633.49. The Engineer’s estimate for this project was $2,120,551.75. The bids also included duration of construction ranging from 300 to 400 calendar days. The low bid of $2,096,463.73 and 300 calendar days was submitted by Tiseo Paving Co. based in Mesquite, TX. This company has performed several projects for the City of Coppell in the past, the most recent being Coppell Road from Sandy Lake Road to Cooper Lane. Based on past experience in Coppell, it appears Tiseo Paving Co. is qualified and capable of completing this work. This award also requests approval of two incentive bonuses totaling $114,000.00. To expedite construction and minimize the inconvenience to the traveling public, there will be a primary incentive up to $90,000.00 if the contractor completes the work in 210 days (300 days bid-210 days x $1,000.00). In the event the contractor takes longer than 300 calendar days to construct the project, there will be damages assessed of $1,000.00 per day with no limit on the disincentive. The secondary bonus will be tied to the section of roadway construction between Allen Road & Windsor Estates. Due to one lane access for residents to Windsor Estates Addition during construction, the contractor will receive a bonus of $24,000.00 if construction is complete and two-way traffic is restored on a new concrete street within 28 calendar days. The 28 calendar days start on the day this section of roadway is shut down to one lane traffic for construction. The bonus would decrease by $2,000.00 per day for any day after 28. At the end of 40 days, if the road is still not open to two way traffic, then the contractor will be assessed $2,000.00 per day damages. There is no limit on the disincentive. To handle two way traffic in this narrow area, Tiseo is looking at either installing temporary traffic signal s or constructing temporary lanes out of asphalt. Their final decision has not been made. On April 12, 2011 Council was presented a plan to restrict Deforest Road to one way traffic in the eastbound direction from MacArthur Blvd to Allen Road to alleviate construction issues with this project. A letter with a detour route will be mailed to residents in the area directly impacted by this traffic restriction. Construction is anticipated to begin the first part of January 2012 to avoid any traffic issues with the upcoming holidays. The contractor has bid a total of 300 calendar days to complete the project. Assuming the contractor begins construction on January 9, 2012 and there are no delays, then they should be complete by November 2012. Staff recommends the award of the “Deforest Road Reconstruction” project to Tiseo Paving Co. in the amount of $2,096,463.73 with an additional incentive bonus amount of $114,000.00 for a total award of $2,210,463.73. Staff will be available to answer any questions at the Council meeting. 11117 Shady Trail | Dallas, TX 75229 | 972.620.1255 burgessniple.com November 1, 2011 George Marshall, P.E. City of Coppell Engineering Dept. 255 Parkway Blvd. P.O. Box 9478 Coppell, TX 75019 Re: Deforest Road Reconstruction (ST 05-01) Dear Mr. Marshall: The following bids were received for the above referenced project on October 20, 2011: BASE BID BASE BID + TIME 1. Tiseo Paving Co. $2,096,463.73 $2,396,463.73 2. XIT $2,208,390.14 $2,528,390.14 3. McMahon Contracting $2,255,980.06 $2,555,980.06 4. Jim Bowman Construction $2,247,610.00 $2,597,610.00 5. CPS Civil $2,346,056.50 $2,646,056.50 6. SYB Construction Co. $2,801,847.76 $3,201,847.76 7. Camino Construction $2,809,543.30 $3,204,543.30 8. Rebcon, Inc. $2,969,633.49 $3,349,633.49 The Engineer’s Base Bid Estimate was $2,120,551.75 with no contingency added. Burgess & Niple currently has no experience working with Tiseo Paving. We contacted a few of the neighboring Cities that have worked with Tiseo from the past project information provided by Tiseo. We contacted the City of Corinth, City of Frisco, City of Plano and the City of Carrollton. All believe that Tiseo did good paving work but, Carrollton and Plano said that Tiseo needed to manage their own subcontractor’s better. The City of Coppell has also worked in the past with Tiseo and had no complaints of the work completed. We would recommend that the City of Coppell inform Tiseo about the concern of subcontractor management during the preconstruction meeting and to have weekly construction meetings throughout the project. Though subcontractor management is a concern, we do not feel this should be a sole reason for rejecting the award of the construction contract to Tiseo. Therefore, we believe that the City of Coppell should award the construction of Deforest Road to Tiseo Paving. 11117 Shady Trail | Dallas, TX 75229 | 972.620.1255 burgessniple.com If you have any questions concerning the bid tabulation or the recommendation, please call. Sincerely, BURGESS & NIPLE, INC. Lowell D. DeGroot, P.E. Senior Project Manager Enclosure: Bid Tab PROJECT: DEFOREST ROAD RECONSTRUCTIONGENERAL ITEMS101 Mobilization (Max 5% of Contract)1 LS $100,000.00 $100,000.00 $50,000.00 $50,000.00 $81,694.38 $81,694.38 $105,000.00 $105,000.00 $114,000.00 $114,000.00 $110,000.00 $110,000.00 $125,000.00 $125,000.00 $130,000.00 $130,000.00 $145,000.00 $145,000.00102 Traffic Control1 LS $30,000.00 $30,000.00 $30,000.00 $30,000.00 $53,050.39 $53,050.39 $57,000.00 $57,000.00 $21,000.00 $21,000.00 $55,000.00 $55,000.00 $49,060.00 $49,060.00 $25,000.00 $25,000.00 $65,000.00 $65,000.00103 ROW Preparation32.33 STA $1,500.00 $48,495.00 $700.00 $22,631.00 $3,544.91 $114,606.94 $1,868.00 $60,392.44 $2,950.00 $95,373.50 $7,000.00 $226,310.00 $8,000.00 $258,640.00 $1,200.00 $38,796.00 $1,250.00 $40,412.50104 Prepare and Implement SWPPP1 LS $5,000.00 $5,000.00 $9,000.00 $9,000.00 $4,957.65 $4,957.65 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $10,000.00 $10,000.00 $23,000.00 $23,000.00 $5,400.00 $5,400.00 $7,500.00 $7,500.00105 Project Signs2 EA $500.00 $1,000.00 $500.00 $1,000.00 $385.00 $770.00 $400.00 $800.00 $500.00 $1,000.00 $500.00 $1,000.00 $500.00 $1,000.00 $500.00 $1,000.00 $750.00 $1,500.00201 Unclassified Street Excavation5136 CY $10.00 $51,360.00 $14.50 $74,472.00 $13.34 $68,514.24 $6.50 $33,384.00 $11.85 $60,861.60 $10.00 $51,360.00 $15.00 $77,040.00 $15.00 $77,040.00 $12.00 $61,632.00202 Unclassified Compacted Earth Fill1144 CY $8.00 $9,152.00 $7.55 $8,637.20 $6.27 $7,172.88 $3.05 $3,489.20 $2.50 $2,860.00 $15.00 $17,160.00 $6.50 $7,436.00 $4.00 $4,576.00 $18.00 $20,592.00203 Remove Existing Asphalt Pavement7111 SY $5.00 $35,555.00 $2.80 $19,910.80 $4.11 $29,226.21 $3.25 $23,110.75 $3.25 $23,110.75 $3.00 $21,333.00 $7.00 $49,777.00 $5.00 $35,555.00 $4.50 $31,999.50204 Remove Existing Concrete Pavement and Flatwork2604 SY $7.00 $18,228.00 $4.95 $12,889.80 $5.74 $14,946.96 $5.26 $13,697.04 $4.10 $10,676.40 $7.00 $18,228.00 $7.00 $18,228.00 $6.00 $15,624.00 $10.00 $26,040.00205 Remove and Reset or Replace Existing Brick or Stone Mailboxes8 EA $1,000.00 $8,000.00 $1,500.00 $12,000.00 $2,200.00 $17,600.00 $133.00 $1,064.00 $900.00 $7,200.00 $400.00 $3,200.00 $1,550.00 $12,400.00 $800.00 $6,400.00 $550.00 $4,400.00206 Remove Existing Concrete Pipe (<=24" Diameter)684 LF $12.00 $8,208.00 $11.00 $7,524.00 $5.02 $3,433.68 $5.48 $3,748.32 $15.00 $10,260.00 $10.00 $6,840.00 $13.00 $8,892.00 $8.00 $5,472.00 $9.00 $6,156.00207 Remove Existing Concrete Pipe (>24" Diameter)26 LF $16.00 $416.00 $16.50 $429.00 $7.07 $183.82 $13.27 $345.02 $16.00 $416.00 $15.00 $390.00 $15.00 $390.00 $12.00 $312.00 $13.00 $338.00208 Cut & Plug Existing RCP (regardless of size)9 EA $900.00 $8,100.00 $165.00 $1,485.00 $379.73 $3,417.57 $357.00 $3,213.00 $450.00 $4,050.00 $500.00 $4,500.00 $500.00 $4,500.00 $500.00 $4,500.00 $160.00 $1,440.00209 Remove Existing Inlet (regardless type or size)5 EA $900.00 $4,500.00 $550.00 $2,750.00 $226.58 $1,132.90 $500.00 $2,500.00 $550.00 $2,750.00 $500.00 $2,500.00 $400.00 $2,000.00 $325.00 $1,625.00 $842.00 $4,210.00210 Adjust Top of Existing San Sewer Manhole to Grade3 EA $750.00 $2,250.00 $330.00 $990.00 $570.09 $1,710.27 $168.67 $506.01 $500.00 $1,500.00 $300.00 $900.00 $350.00 $1,050.00 $375.00 $1,125.00 $480.00 $1,440.00211 Adjust Mainline San. Sewer Cleanout to Grade1 EA $300.00 $300.00 $165.00 $165.00 $218.96 $218.96 $333.50 $333.50 $620.00 $620.00 $200.00 $200.00 $250.00 $250.00 $260.00 $260.00 $115.00 $115.00212 Adjust San. Sewer Service Cleanout to Grade1 EA $250.00 $250.00 $165.00 $165.00 $196.61 $196.61 $276.00 $276.00 $520.00 $520.00 $200.00 $200.00 $100.00 $100.00 $200.00 $200.00 $95.00 $95.00213 Adjust Water Valve to Grade7 EA $200.00 $1,400.00 $55.00 $385.00 $209.00 $1,463.00 $147.20 $1,030.40 $500.00 $3,500.00 $200.00 $1,400.00 $50.00 $350.00 $100.00 $700.00 $100.00 $700.00214 Adjust Water Meter to Grade7 EA $150.00 $1,050.00 $110.00 $770.00 $171.53 $1,200.71 $207.00 $1,449.00 $850.00 $5,950.00 $200.00 $1,400.00 $50.00 $350.00 $400.00 $2,800.00 $230.00 $1,610.00215 Relocate and Adjust Water Meter to Grade9 EA $250.00 $2,250.00 $275.00 $2,475.00 $471.16 $4,240.44 $270.25 $2,432.25 $860.00 $7,740.00 $300.00 $2,700.00 $250.00 $2,250.00 $700.00 $6,300.00 $370.00 $3,330.00216 Remove and Salvage Fire Hydrant4 EA $750.00 $3,000.00 $275.00 $1,100.00 $428.92 $1,715.68 $406.81 $1,627.24 $660.00 $2,640.00 $600.00 $2,400.00 $500.00 $2,000.00 $200.00 $800.00 $150.00 $600.00217 Adjust or Relocate Fire Hydrant to Grade4 EA $1,500.00 $6,000.00 $825.00 $3,300.00 $811.77 $3,247.08 $775.00 $3,100.00 $1,200.00 $4,800.00 $1,300.00 $5,200.00 $500.00 $2,000.00 $2,500.00 $10,000.00 $800.00 $3,200.00218 8" Lime Stabilization Subgrade12499 SY $4.00 $49,996.00 $3.95 $49,371.05 $2.15 $26,872.85 $2.34 $29,247.66 $2.80 $34,997.20 $3.50 $43,746.50 $5.25 $65,619.75 $2.30 $28,747.70 $4.00 $49,996.00219 Lime (hydrated)(42 Lbs/SY)262.5 TON $160.00 $42,000.00 $160.00 $42,000.00 $151.80 $39,847.50 $148.00 $38,850.00 $150.00 $39,375.00 $150.00 $39,375.00 $155.00 $40,687.50 $160.00 $42,000.00 $137.00 $35,962.50220 8" Thick Continuous Reinf. Concrete Pavement - Roadway11629 SY $36.00 $418,644.00 $36.70 $426,784.30 $34.28 $398,642.12 $36.86 $428,644.94 $41.80 $486,092.20 $35.00 $407,015.00 $42.75 $497,139.75 $41.00 $476,789.00 $57.00 $662,853.00221 8" Thick Continuous Reinf. Stamped Concrete Pavement - Roadway34 SY $80.00 $2,720.00 $90.00 $3,060.00 $211.20 $7,180.80 $120.00 $4,080.00 $100.00 $3,400.00 $70.00 $2,380.00 $211.00 $7,174.00 $200.00 $6,800.00 $110.00 $3,740.00222 6" Thick Continuous Reinf. Stamped Concrete Pavement - Median Nose67 SY $48.00 $3,216.00 $80.00 $5,360.00 $103.40 $6,927.80 $109.00 $7,303.00 $90.00 $6,030.00 $60.00 $4,020.00 $103.00 $6,901.00 $150.00 $10,050.00 $100.00 $6,700.00223 6" Thick Continuous Reinf. Concrete Pavement - Driveways & Alleys721 SY $40.00 $28,840.00 $37.00 $26,677.00 $33.05 $23,829.05 $38.41 $27,693.61 $42.80 $30,858.80 $50.00 $36,050.00 $38.00 $27,398.00 $38.00 $27,398.00 $60.00 $43,260.00224 Concrete Construction Joint (18" #4 bars drilled and epoxy grouted on 12" centers) 725 LF $12.00 $8,700.00 $5.00 $3,625.00 $7.81 $5,662.25 $4.34 $3,146.50 $2.40 $1,740.00 $5.00 $3,625.00 $5.50 $3,987.50 $5.00 $3,625.00 $6.59 $4,777.75225 4" Thick, 5' wide Reinf. Concrete Sidewalks Adjacent To Curb2333 SY $35.00 $81,655.00 $30.00 $69,990.00 $26.68 $62,244.44 $31.70 $73,956.10 $35.40 $82,588.20 $30.00 $69,990.00 $28.85 $67,307.05 $34.00 $79,322.00 $47.00 $109,651.00226 5' Wide Reinf. Concrete Sidewalks adjacent to Retaining Wall (Ret. Wall Paid Separately) 907 SY $40.00 $36,280.00 $30.00 $27,210.00 $56.35 $51,109.45 $40.88 $37,078.16 $47.85 $43,399.95 $35.00 $31,745.00 $40.23 $36,488.61 $81.00 $73,467.00 $71.00 $64,397.00227 Reinf. Concrete Retaining Wall Integral With Sidewalks (Sidewalk Paid Separately) 3416 SF $8.00 $27,328.00 $25.00 $85,400.00 $25.30 $86,424.80 $16.45 $56,193.20 $11.75 $40,138.00 $17.50 $59,780.00 $15.00 $51,240.00 $36.00 $122,976.00 $31.00 $105,896.00228 Formliner for Ret. Wall Integral with Sidewalks (Ret Wall Paid for Separately) 3416 SF $2.00 $6,832.00 $5.75 $19,642.00 $5.29 $18,070.64 $4.32 $14,757.12 $5.85 $19,983.60 $5.00 $17,080.00 $11.00 $37,576.00 $6.25 $21,350.00 $5.30 $18,104.80229 Addition of Integral Color for Ret. Wall Integral with Sidewalks (Ret Wall Paid for Separately) 3416 SF $4.00 $13,664.00 $2.75 $9,394.00 $1.44 $4,919.04 $8.00 $27,328.00 $3.50 $11,956.00 $3.50 $11,956.00 $2.50 $8,540.00 $5.50 $18,788.00 $4.60 $15,713.60230 TXDOT Spread Footing Retaining Wall Per Detail “RW 1 (H) C (MOD)”5768 SF $15.00 $86,520.00 $28.00 $161,504.00 $55.78 $321,739.04 $46.82 $270,057.76 $40.13 $231,469.84 $30.00 $173,040.00 $50.00 $288,400.00 $80.40 $463,747.20 $71.00 $409,528.00231 Formliner for TXDOT Spread Footing Retaining Wall Per Detail “RW 1 (H) C (MOD)” 5768 SF $2.00 $11,536.00 $5.75 $33,166.00 $5.29 $30,512.72 $4.32 $24,917.76 $8.00 $46,144.00 $5.00 $28,840.00 $13.50 $77,868.00 $16.00 $92,288.00 $13.50 $77,868.00232 Addition of Integral Color for TXDOT Spread Footing Retaining Wall Per Detail “RW 1 (H) C (MOD)” 5768 SF $4.00 $23,072.00 $2.75 $15,862.00 $1.44 $8,305.92 $5.00 $28,840.00 $2.10 $12,112.80 $4.00 $23,072.00 $4.20 $24,225.60 $20.00 $115,360.00 $16.80 $96,902.40233 Temporary Asphalt Pavement (2" HMAC)1846 SY $12.00 $22,152.00 $33.00 $60,918.00 $8.21 $15,155.66 $18.75 $34,612.50 $24.30 $44,857.80 $9.00 $16,614.00 $16.20 $29,905.20 $8.00 $14,768.00 $14.09 $26,010.14234 Temporary Asphalt Pavement (2" HMAC with 4" aggregate base)159 SY $16.00 $2,544.00 $55.00 $8,745.00 $17.86 $2,839.74 $100.00 $15,900.00 $25.00 $3,975.00 $12.00 $1,908.00 $30.00 $4,770.00 $25.00 $3,975.00 $102.00 $16,218.00235 Raised Pavement Markers, Class C, Type W28 EA $5.00 $140.00 $11.00 $308.00 $6.60 $184.80 $6.60 $184.80 $10.00 $280.00 $10.00 $280.00 $11.00 $308.00 $15.00 $420.00 $4.40 $123.20236 Raised Pavement Markers, Class C, Type I-C6 EA $5.00 $30.00 $16.50 $99.00 $8.80 $52.80 $11.00 $66.00 $15.00 $90.00 $15.00 $90.00 $17.00 $102.00 $20.00 $120.00 $4.40 $26.40237 Raised Pavement Markers, Class C, Type I-R8 EA $5.00 $40.00 $16.50 $132.00 $8.80 $70.40 $16.50 $132.00 $15.00 $120.00 $16.00 $128.00 $17.00 $136.00 $20.00 $160.00 $4.40 $35.20238 Raised Pavement Markers, Class C, Type II A-A948 EA $8.00 $7,584.00 $3.60 $3,412.80 $5.50 $5,214.00 $5.47 $5,185.56 $3.25 $3,081.00 $8.00 $7,584.00 $3.60 $3,412.80 $4.00 $3,792.00 $4.40 $4,171.20239 18" White, Solid Pavement Markings572 LF $4.00 $2,288.00 $24.20 $13,842.40 $20.90 $11,954.80 $16.70 $9,552.40 $22.00 $12,584.00 $10.00 $5,720.00 $24.20 $13,842.40 $25.00 $14,300.00 $3.60 $2,059.20240 Pavement Marking Symbols4 EA $120.00 $480.00 $140.00 $560.00 $244.20 $976.80 $834.00 $3,336.00 $125.00 $500.00 $225.00 $900.00 $140.00 $560.00 $150.00 $600.00 $127.00 $508.00241 Tree Removal and Disposal77 EA $650.00 $50,050.00 $215.00 $16,555.00 $278.02 $21,407.54 $345.00 $26,565.00 $83.00 $6,391.00 $250.00 $19,250.00 $927.00 $71,379.00 $385.00 $29,645.00 $488.00 $37,576.00242 Tree Installation6 EA $1,800.00 $10,800.00 $360.00 $2,160.00 $537.90 $3,227.40 $575.00 $3,450.00 $450.00 $2,700.00 $300.00 $1,800.00 $500.00 $3,000.00 $500.00 $3,000.00 $500.00 $3,000.00243 Turf Establishment5092 SY $5.00 $25,460.00 $5.25 $26,733.00 $3.76 $19,145.92 $6.16 $31,366.72 $3.25 $16,549.00 $5.00 $25,460.00 $6.75 $34,371.00 $5.20 $26,478.40 $5.00 $25,460.00244 Remove and Replace Metal Beam Guard Fence332 LF $50.00 $16,600.00 $38.50 $12,782.00 $31.43 $10,434.76 $42.48 $14,103.36 $37.00 $12,284.00 $25.00 $8,300.00 $38.50 $12,782.00 $40.00 $13,280.00 $35.00 $11,620.00245 TxDOT PR-1 Railing672 LF $60.00 $40,320.00 $76.00 $51,072.00 $88.10 $59,203.20 $104.00 $69,888.00 $73.40 $49,324.80 $125.00 $84,000.00 $78.00 $52,416.00 $60.00 $40,320.00 $76.00 $51,072.00246 Remove and Replace 4' Wire Fence with Wood Posts Like Existing140 LF $30.00 $4,200.00 $16.00 $2,240.00 $20.04 $2,805.60 $12.00 $1,680.00 $12.00 $1,680.00 $20.00 $2,800.00 $20.00 $2,800.00 $15.00 $2,100.00 $10.00 $1,400.00247 Irrigation System Repair/Adjustment1 LS $25,000.00 $25,000.00 $13,200.00 $13,200.00 $9,807.44 $9,807.44 $20,000.00 $20,000.00 $5,000.00 $5,000.00 $4,000.00 $4,000.00 $10,700.00 $10,700.00 $16,385.00 $16,385.00 $10,000.00 $10,000.00248 Remove and Reset Traffic Sign6 EA $500.00 $3,000.00 $360.00 $2,160.00 $238.24 $1,429.44 $165.00 $990.00 $345.00 $2,070.00 $300.00 $1,800.00 $360.00 $2,160.00 $360.00 $2,160.00 $417.00 $2,502.00249 Furnish and Install Traffic Sign (New Installation)6 EA $750.00 $4,500.00 $475.00 $2,850.00 $495.00 $2,970.00 $495.00 $2,970.00 $450.00 $2,700.00 $450.00 $2,700.00 $470.00 $2,820.00 $475.00 $2,850.00 $431.00 $2,586.00250 Construct Barrier Free Ramp at Intersection19 EA $1,100.00 $20,900.00 $900.00 $17,100.00 $872.56 $16,578.64 $650.00 $12,350.00 $700.00 $13,300.00 $1,200.00 $22,800.00 $1,125.00 $21,375.00 $1,400.00 $26,600.00 $1,718.00 $32,642.00251 Construct Barrier Free Ramp at Alley2 EA $900.00 $1,800.00 $825.00 $1,650.00 $697.19 $1,394.38 $636.00 $1,272.00 $400.00 $800.00 $1,100.00 $2,200.00 $825.00 $1,650.00 $900.00 $1,800.00 $1,718.00 $3,436.00252 2" Concrete Mow Strip for Spread Footing Walls255 SY $25.00 $6,375.00 $50.00 $12,750.00 $18.06 $4,605.30 $28.75 $7,331.25 $41.00 $10,455.00 $30.00 $7,650.00 $29.00 $7,395.00 $40.00 $10,200.00 $54.00 $13,770.00253 TxDOT C411 Rail550 SY $500.00 $275,000.00 $173.00 $95,150.00 $110.00 $60,500.00 $225.00 $123,750.00 $126.00 $69,300.00 $200.00 $110,000.00 $169.00 $92,950.00 $50.00 $27,500.00 $218.00 $119,900.00254 Metal Beam Guard Rail Transition1 EA $3,500.00 $3,500.00 $1,400.00 $1,400.00 $617.10 $617.10 $1,320.00 $1,320.00 $1,300.00 $1,300.00 $2,470.00 $2,470.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $286.00 $286.00255 Grout280 CY $90.00 $25,200.00 $99.00 $27,720.00 $5.00 $1,400.00 $87.00 $24,360.00 $195.00 $54,600.00 $90.00 $25,200.00 $100.00 $28,000.00 $110.00 $30,800.00 $126.50 $35,420.00301 12" RCP (CL III) - Rubber Gasketed16 LF $48.00 $768.00 $42.00 $672.00 $44.65 $714.40 $58.51 $936.16 $52.20 $835.20 $50.00 $800.00 $46.00 $736.00 $45.00 $720.00 $40.00 $640.00302 18" RCP (CL III) - Rubber Gasketed537 LF $52.00 $27,924.00 $48.40 $25,990.80 $46.57 $25,008.09 $49.27 $26,457.99 $58.00 $31,146.00 $60.00 $32,220.00 $56.00 $30,072.00 $54.00 $28,998.00 $42.00 $22,554.00303 21" RCP (CL III) - Rubber Gasketed251 LF $62.00 $15,562.00 $51.70 $12,976.70 $47.53 $11,930.03 $50.93 $12,783.43 $62.00 $15,562.00 $70.00 $17,570.00 $60.00 $15,060.00 $68.00 $17,068.00 $46.00 $11,546.00304 24" RCP (CL III) - Rubber Gasketed401 LF $67.00 $26,867.00 $68.20 $27,348.20 $53.86 $21,597.86 $68.38 $27,420.38 $67.00 $26,867.00 $75.00 $30,075.00 $76.00 $30,476.00 $90.00 $36,090.00 $54.00 $21,654.00305 30" RCP (CL III) - Rubber Gasketed191 LF $82.00 $15,662.00 $83.60 $15,967.60 $67.34 $12,861.94 $76.11 $14,537.01 $79.00 $15,089.00 $90.00 $17,190.00 $108.00 $20,628.00 $114.00 $21,774.00 $71.00 $13,561.00306 36" RCP (CL III) - Rubber Gasketed574 LF $92.00 $52,808.00 $110.00 $63,140.00 $93.01 $53,387.74 $118.14 $67,812.36 $100.00 $57,400.00 $100.00 $57,400.00 $112.00 $64,288.00 $150.00 $86,100.00 $94.00 $53,956.00307 Trench Safety and Support1970 LF $1.00 $1,970.00 $1.10 $2,167.00 $2.04 $4,018.80 $0.96 $1,891.20 $0.55 $1,083.50 $2.00 $3,940.00 $1.00 $1,970.00 $0.50 $985.00 $1.00 $1,970.00308 Storm Drain Manhole Structure including proposed and ex. pipe connections1 EA $4,500.00 $4,500.00 $6,380.00 $6,380.00 $7,980.12 $7,980.12 $7,095.00 $7,095.00 $5,600.00 $5,600.00 $10,000.00 $10,000.00 $7,600.00 $7,600.00 $13,100.00 $13,100.00 $3,047.50 $3,047.50309 Type 1 Inlet13 EA $2,775.00 $36,075.00 $3,630.00 $47,190.00 $2,204.39 $28,657.07 $2,750.00 $35,750.00 $3,700.00 $48,100.00 $2,400.00 $31,200.00 $3,500.00 $45,500.00 $3,200.00 $41,600.00 $2,898.00 $37,674.00310 Extensions for Type 1 Inlets21 EA $500.00 $10,500.00 $1,045.00 $21,945.00 $566.16 $11,889.36 $990.00 $20,790.00 $900.00 $18,900.00 $500.00 $10,500.00 $1,100.00 $23,100.00 $900.00 $18,900.00 $1,000.50 $21,010.50311 Furnish and Install 2'x2' Drop Inlet with Curb.1 EA $3,200.00 $3,200.00 $2,310.00 $2,310.00 $1,616.62 $1,616.62 $2,200.00 $2,200.00 $3,200.00 $3,200.00 $1,100.00 $1,100.00 $3,000.00 $3,000.00 $2,000.00 $2,000.00 $600.00 $600.00312 Furnish and Install 2'x2' Drop Inlet1 EA $2,250.00 $2,250.00 $2,150.00 $2,150.00 $1,420.56 $1,420.56 $1,925.00 $1,925.00 $2,650.00 $2,650.00 $900.00 $900.00 $2,500.00 $2,500.00 $1,900.00 $1,900.00 $552.00 $552.00313 Connect to Existing Storm Drainage Manhole1 EA $1,500.00 $1,500.00 $660.00 $660.00 $4,278.32 $4,278.32 $471.50 $471.50 $1,800.00 $1,800.00 $5,428.00 $5,428.00 $750.00 $750.00 $2,200.00 $2,200.00 $743.00 $743.00314 10" Sch. 40 PVC for connect to Ex. Storm Piping14 LF $40.00 $560.00 $38.50 $539.00 $41.97 $587.58 $41.50 $581.00 $420.00 $5,880.00 $50.00 $700.00 $43.00 $602.00 $104.00 $1,456.00 $61.00 $854.00315 14" Grate Inlet1 EA $400.00 $400.00 $1,500.00 $1,500.00 $790.15 $790.15 $990.00 $990.00 $1,970.00 $1,970.00 $450.00 $450.00 $1,000.00 $1,000.00 $600.00 $600.00 $2,250.00 $2,250.00401 8" PVC Wastewater Pipe (SDR-35) with Class "A-1" Embedment148 LF $42.00 $6,216.00 $40.70 $6,023.60 $35.94 $5,319.12 $45.91 $6,794.68 $20.00 $2,960.00 $50.00 $7,400.00 $35.00 $5,180.00 $62.00 $9,176.00 $35.00 $5,180.00402 Wastewater Mainline Cleanout1 EA $1,800.00 $1,800.00 $500.00 $500.00 $819.29 $819.29 $505.00 $505.00 $841.67 $841.67 $600.00 $600.00 $650.00 $650.00 $1,200.00 $1,200.00 $471.50 $471.50UNIT PRICE TOTAL AMOUNTREBCOM, INC.UNIT PRICE TOTAL AMOUNTUNIT PRICE TOTAL AMOUNTSYB Construction Company Inc.UNIT PRICE TOTAL AMOUNTUNIT PRICE TOTAL AMOUNTJim Bowman Construction Co. LPUNIT PRICE TOTAL AMOUNTCITY OF COPPELL, TEXASDEFOREST ROAD RECONSTRUCTION - PROJ. NO. ST 05-01BID PROPOSAL TABULATIONBID NO. Q-1011-01 BID DATE: OCTOBER 20, 2011McMahon Contracting LPCPS CivilCamino Construction, LPUNIT PRICE TOTAL AMOUNTXITEngineers Estimate Tiseo Paving Co.UNIT PRICE TOTAL AMOUNTTOTAL AMOUNTITEM NO.DESCRIPTION OF UNITQUANTITY UNIT UNIT PRICEPage 1 of 2 PROJECT: DEFOREST ROAD RECONSTRUCTIONUNIT PRICE TOTAL AMOUNTREBCOM, INC.UNIT PRICE TOTAL AMOUNTUNIT PRICE TOTAL AMOUNTSYB Construction Company Inc.UNIT PRICE TOTAL AMOUNTUNIT PRICE TOTAL AMOUNTJim Bowman Construction Co. LPUNIT PRICE TOTAL AMOUNTCITY OF COPPELL, TEXASDEFOREST ROAD RECONSTRUCTION - PROJ. NO. ST 05-01BID PROPOSAL TABULATIONBID NO. Q-1011-01 BID DATE: OCTOBER 20, 2011McMahon Contracting LPCPS CivilCamino Construction, LPUNIT PRICE TOTAL AMOUNTXITEngineers Estimate Tiseo Paving Co.UNIT PRICE TOTAL AMOUNTTOTAL AMOUNTITEM NO.DESCRIPTION OF UNITQUANTITY UNIT UNIT PRICE403 Connection to Existing Wastewater Manhole1 EA $1,200.00 $1,200.00 $550.00 $550.00 $968.22 $968.22 $675.00 $675.00 $952.50 $952.50 $500.00 $500.00 $750.00 $750.00 $700.00 $700.00 $743.00 $743.00404 Sanitary Sewer Service1 EA $850.00 $850.00 $825.00 $825.00 $830.67 $830.67 $762.02 $762.02 $443.83 $443.83 $1,000.00 $1,000.00 $1,100.00 $1,100.00 $1,000.00 $1,000.00 $506.00 $506.00405 Trench Safety & Support148 LF $1.00 $148.00 $1.10 $162.80 $2.27 $335.96 $0.78 $115.44 $3.25 $481.00 $2.00 $296.00 $1.00 $148.00 $1.00 $148.00 $1.00 $148.00501 8" PVC Water Pipe70 LF $32.00 $2,240.00 $88.00 $6,160.00 $87.81 $6,146.70 $70.20 $4,914.00 $70.75 $4,952.50 $60.00 $4,200.00 $105.00 $7,350.00 $76.00 $5,320.00 $103.50 $7,245.00502 6" PVC Water Pipe75 LF $28.00 $2,100.00 $66.00 $4,950.00 $55.64 $4,173.00 $41.68 $3,126.00 $47.50 $3,562.50 $50.00 $3,750.00 $77.00 $5,775.00 $71.00 $5,325.00 $108.00 $8,100.00503 12" Gate Valve1 EA $1,500.00 $1,500.00 $2,600.00 $2,600.00 $2,885.35 $2,885.35 $2,054.76 $2,054.76 $2,612.50 $2,612.50 $2,000.00 $2,000.00 $2,100.00 $2,100.00 $2,100.00 $2,100.00 $2,360.00 $2,360.00504 8" Gate Valve1 EA $1,000.00 $1,000.00 $1,700.00 $1,700.00 $1,761.48 $1,761.48 $1,120.96 $1,120.96 $1,712.50 $1,712.50 $1,200.00 $1,200.00 $1,150.00 $1,150.00 $1,300.00 $1,300.00 $1,260.00 $1,260.00505 6" Gate Valve3 EA $800.00 $2,400.00 $935.00 $2,805.00 $1,569.11 $4,707.33 $800.30 $2,400.90 $2,612.50 $7,837.50 $600.00 $1,800.00 $725.00 $2,175.00 $1,000.00 $3,000.00 $842.00 $2,526.00506 Cut & Plug Ex. Waterline, regardless of size.1 EA $250.00 $250.00 $385.00 $385.00 $737.02 $737.02 $369.00 $369.00 $942.50 $942.50 $500.00 $500.00 $500.00 $500.00 $600.00 $600.00 $838.00 $838.00507 Connect to Ex. 12" Waterline2 EA $1,200.00 $2,400.00 $2,200.00 $4,400.00 $3,081.66 $6,163.32 $1,675.00 $3,350.00 $3,612.50 $7,225.00 $500.00 $1,000.00 $2,750.00 $5,500.00 $1,100.00 $2,200.00 $2,024.00 $4,048.00508 Connect to Ex. 8" Waterline1 EA $1,000.00 $1,000.00 $1,500.00 $1,500.00 $1,658.89 $1,658.89 $544.00 $544.00 $1,142.50 $1,142.50 $500.00 $500.00 $1,500.00 $1,500.00 $900.00 $900.00 $1,667.50 $1,667.50509 Install Fire Hydrant and Valve Assembly3 EA $2,500.00 $7,500.00 $5,000.00 $15,000.00 $5,235.01 $15,705.03 $2,581.18 $7,743.54 $3,412.50 $10,237.50 $3,500.00 $10,500.00 $2,400.00 $7,200.00 $2,700.00 $8,100.00 $2,712.00 $8,136.00510 Trench Safety & Support229 LF $1.00 $229.00 $1.10 $251.90 $5.59 $1,280.11 $0.50 $114.50 $3.25 $744.25 $1.00 $229.00 $1.00 $229.00 $1.00 $229.00 $1.00 $229.00511 10" Water Main Lowering at Paving Sta 25+751 LS $4,500.00 $4,500.00 $15,000.00 $15,000.00 $13,048.20 $13,048.20 $4,706.38 $4,706.38 $8,050.00 $8,050.00 $7,000.00 $7,000.00 $9,700.00 $9,700.00 $7,700.00 $7,700.00 $13,284.00 $13,284.00512 Install New 1" Water Service2 EA $1,200.00 $2,400.00 $2,500.00 $5,000.00 $2,229.69 $4,459.38 $1,577.80 $3,155.60 $1,170.83 $2,341.66 $2,453.00 $4,906.00 $2,300.00 $4,600.00 $1,500.00 $3,000.00 $1,771.00 $3,542.00601 Installation of Highway Traffic Signals:1 EA $ 11,000.00 $11,000.00 $ 36,500.00 $36,500.00 $ 36,300.00 $36,300.00 $ 41,342.00 $41,342.00 $33,125.00 $33,125.00 $40,000.00 $40,000.00 $42,000.00 $42,000.00 $41,000.00 $41,000.00 $36,438.00 $36,438.00602 Traffic Signal Pole w/ 28 foot Mast Arm w/ Lum1 EA 3,300.00$ $3,300.00 6,000.00$ $6,000.00 6,050.00$ $6,050.00 5,940.00$ $5,940.00 $ 5,400.00 $5,400.00 $ 8,500.00 $8,500.00 $8,300.00 $8,300.00 $8,000.00 $8,000.00 $5,940.00 $5,940.00603 Traffic Signal Pole w/ 32 foot Mast Arm w/ Lum1 EA 3,600.00$ $3,600.00 6,200.00$ $6,200.00 6,160.00$ $6,160.00 6,160.00$ $6,160.00 5,600.00$ $5,600.00 9,000.00$ $9,000.00 $ 8,300.00 $8,300.00 $ 8,000.00 $8,000.00 $ 6,160.00 $6,160.00604 Traffic Signal Pole w/ 36 foot Mast Arm w/ Lum1 EA 4,400.00$ $4,400.00 6,900.00$ $6,900.00 6,380.00$ $6,380.00 6,820.00$ $6,820.00 6,200.00$ $6,200.00 9,500.00$ $9,500.00 9,000.00$ $9,000.00 8,700.00$ $8,700.00 6,820.00$ $6,820.00605 Traffic Signal Pole w/ 44 foot Mast Arm w/ Lum1 EA 5,000.00$ $5,000.00 7,400.00$ $7,400.00 7,700.00$ $7,700.00 7,370.00$ $7,370.00 6,700.00$ $6,700.00 10,500.00$ $10,500.00 10,300.00$ $10,300.00 9,900.00$ $9,900.00 7,370.00$ $7,370.00606 Pedestrian Signal Pole:2 EA 1,300.00$ $2,600.00 580.00$ $1,160.00 880.00$ $1,760.00 578.00$ $1,156.00 525.00$ $1,050.00 1,125.00$ $2,250.00 700.00$ $1,400.00 700.00$ $1,400.00 578.00$ $1,156.00607 Traffic Signal Pole Foundation 24-A12 LF 59.00$ $708.00 132.00$ $1,584.00 159.50$ $1,914.00 132.00$ $1,584.00 120.00$ $1,440.00 145.00$ $1,740.00 120.00$ $1,440.00 200.00$ $2,400.00 132.00$ $1,584.00608 Traffic Signal Pole Foundation 30-A24 LF 170.00$ $4,080.00 182.00$ $4,368.00 223.67$ $5,368.08 182.00$ $4,368.00 165.00$ $3,960.00 170.00$ $4,080.00 200.00$ $4,800.00 200.00$ $4,800.00 182.00$ $4,368.00609 Traffic Signal Pole Foundation 36-A28 LF 190.00$ $5,320.00 195.00$ $5,460.00 198.00$ $5,544.00 193.00$ $5,404.00 175.00$ $4,900.00 180.00$ $5,040.00 210.00$ $5,880.00 200.00$ $5,600.00 192.50$ $5,390.00610 Traffic Signal Controller Foundation:1 LS 5,000.00$ $5,000.00 1,350.00$ $1,350.00 1,321.84$ $1,321.84 1,320.00$ $1,320.00 1,200.00$ $1,200.00 2,000.00$ $2,000.00 2,000.00$ $2,000.00 1,900.00$ $1,900.00 1,320.00$ $1,320.00611 3-Section Signal Head w/ Backplate8 EA 842.00$ $6,736.00 880.00$ $7,040.00 880.00$ $7,040.00 880.00$ $7,040.00 800.00$ $6,400.00 1,500.00$ $12,000.00 850.00$ $6,800.00 900.00$ $7,200.00 880.00$ $7,040.00612 5-Section Signal Head w/ Backplate4 EA 1,350.00$ $5,400.00 1,100.00$ $4,400.00 1,061.50$ $4,246.00 1,062.00$ $4,248.00 965.00$ $3,860.00 2,100.00$ $8,400.00 1,300.00$ $5,200.00 1,300.00$ $5,200.00 1,061.50$ $4,246.00613 Pedestrian Signal Sections:8 EA 330.00$ $2,640.00 540.00$ $4,320.00 539.00$ $4,312.00 539.00$ $4,312.00 490.00$ $3,920.00 1,000.00$ $8,000.00 615.00$ $4,920.00 600.00$ $4,800.00 539.00$ $4,312.00614 Pedestrian Push Button and Sign Assemblies:8 EA 190.00$ $1,520.00 260.00$ $2,080.00 258.50$ $2,068.00 259.00$ $2,072.00 235.00$ $1,880.00 500.00$ $4,000.00 310.00$ $2,480.00 300.00$ $2,400.00 258.50$ $2,068.00615 Uni-Directional Opticom Detector:1 LS 8,000.00$ $8,000.00 6,200.00$ $6,200.00 6,160.00$ $6,160.00 6,160.00$ $6,160.00 5,600.00$ $5,600.00 6,000.00$ $6,000.00 11,700.00$ $11,700.00 12,000.00$ $12,000.00 6,160.00$ $6,160.00616 Video Imaging Vehicle Detection System:1 LS 21,665.00$ $21,665.00 23,000.00$ $23,000.00 23,100.00$ $23,100.00 22,825.00$ $22,825.00 20,750.00$ $20,750.00 22,000.00$ $22,000.00 27,500.00$ $27,500.00 27,000.00$ $27,000.00 22,825.00$ $22,825.00617 12 Strand Corning AnyLan Pre-terminated Fiber1067 LF 4.00$ $4,268.00 4.13$ $4,406.71 3.30$ $3,521.10 4.13$ $4,406.71 3.75$ $4,001.25 5.00$ $5,335.00 2.65$ $2,827.55 3.00$ $3,201.00 5.00$ $5,335.00618 Conduit (PVC) (SCHD 40) (2") (Trench)890 LF 5.00$ $4,450.00 6.60$ $5,874.00 8.80$ $7,832.00 6.60$ $5,874.00 6.00$ $5,340.00 8.00$ $7,120.00 4.30$ $3,827.00 5.00$ $4,450.00 7.00$ $6,230.00619 Conduit (PVC) (SCHD 40) (4") (Trench)85 LF 13.00$ $1,105.00 7.70$ $654.50 11.00$ $935.00 7.70$ $654.50 7.00$ $595.00 10.00$ $850.00 11.60$ $986.00 12.00$ $1,020.00 8.00$ $680.00620 Conduit (PVC) (SCHD 40) (4") (Bore)360 LF 13.00$ $4,680.00 19.80$ $7,128.00 19.80$ $7,128.00 19.80$ $7,128.00 18.00$ $6,480.00 20.00$ $7,200.00 21.50$ $7,740.00 21.00$ $7,560.00 20.00$ $7,200.00621 Furnish & Install Type ‘C’ Ground Box:8 EA 600.00$ $4,800.00 550.00$ $4,400.00 748.00$ $5,984.00 550.00$ $4,400.00 500.00$ $4,000.00 750.00$ $6,000.00 560.00$ $4,480.00 600.00$ $4,800.00 550.00$ $4,400.00622 3 Conductor #6 Gauge Wire:210 LF 1.00$ $210.00 2.20$ $462.00 3.30$ $693.00 2.20$ $462.00 2.00$ $420.00 4.00$ $840.00 3.75$ $787.50 4.00$ $840.00 3.00$ $630.00623 1 Conductor #6 Gauge Bare Wire:1331 LF 1.25$ $1,663.75 0.77$ $1,024.87 1.10$ $1,464.10 0.77$ $1,024.87 0.70$ $931.70 2.00$ $2,662.00 0.95$ $1,264.45 1.00$ $1,331.00 1.00$ $1,331.00624 1 Conductor #8 Gauge Wire:975 LF 1.00$ $975.00 0.72$ $702.00 1.10$ $1,072.50 0.72$ $702.00 0.65$ $633.75 1.00$ $975.00 0.80$ $780.00 1.00$ $975.00 1.00$ $975.00625 1 Conductor #12 Gauge Wire:3880 LF 0.75$ $2,910.00 0.44$ $1,707.20 1.10$ $4,268.00 0.44$ $1,707.20 0.40$ $1,552.00 2.00$ $7,760.00 0.50$ $1,940.00 0.50$ $1,940.00 0.50$ $1,940.00626 Opticom Cable725 LF 3.00$ $2,175.00 1.10$ $797.50 1.10$ $797.50 1.10$ $797.50 1.00$ $725.00 2.00$ $1,450.00 0.80$ $580.00 1.00$ $725.00 1.00$ $725.00627 Video Cable:616 LF 2.00$ $1,232.00 1.60$ $985.60 2.20$ $1,355.20 1.60$ $985.60 1.45$ $893.20 2.00$ $1,232.00 1.60$ $985.60 2.00$ $1,232.00 1.60$ $985.60628 Power Service and Pedestal Equipment:1 EA 4,200.00$ $4,200.00 4,300.00$ $4,300.00 4,620.00$ $4,620.00 4,263.00$ $4,263.00 3,875.00$ $3,875.00 5,000.00$ $5,000.00 3,900.00$ $3,900.00 3,800.00$ $3,800.00 4,263.00$ $4,263.00629 Furnish and Install Miscellaneous Signs:1 LS 2,800.00$ $2,800.00 1,200.00$ $1,200.00 1,925.00$ $1,925.00 1,175.00$ $1,175.00 1,067.50$ $1,067.50 1,800.00$ $1,800.00 650.00$ $650.00 700.00$ $700.00 1,173.70$ $1,173.70630 5 Conductor #14 Gauge Wire:358 LF 2.00$ $716.00 1.10$ $393.80 1.10$ $393.80 1.10$ $393.80 1.00$ $358.00 3.00$ $1,074.00 1.15$ $411.70 2.00$ $716.00 1.00$ $358.00631 7 Conductor #14 Gauge Wire:205 LF 2.00$ $410.00 1.40$ $287.00 1.10$ $225.50 1.38$ $282.90 1.25$ $256.25 5.00$ $1,025.00 1.50$ $307.50 2.00$ $410.00 1.40$ $287.00632 10 Conductor #12 Gauge Wire:160 LF 2.25$ $360.00 3.03$ $484.80 2.20$ $352.00 3.03$ $484.80 2.75$ $440.00 6.00$ $960.00 2.20$ $352.00 3.00$ $480.00 3.00$ $480.00633 20 Conductor #12 Gauge Wire:482 LF 4.50$ $2,169.00 4.40$ $2,120.80 3.30$ $1,590.60 4.40$ $2,120.80 4.00$ $1,928.00 10.00$ $4,820.00 3.65$ $1,759.30 4.00$ $1,928.00 4.40$ $2,120.80634 UPS System1 EA 5,000.00$ $5,000.00 9,700.00$ $9,700.00 6,050.00$ $6,050.00 9,626.00$ $9,626.00 8,750.00$ $8,750.00 5,500.00$ $5,500.00 9,000.00$ $9,000.00 9,000.00$ $9,000.00 9,625.00$ $9,625.00635 Furnish and Install Illuminated Street Signs4 EA 2,500.00$ $10,000.00 2,400.00$ $9,600.00 2,530.00$ $10,120.00 2,365.00$ $9,460.00 2,150.00$ $8,600.00 2,250.00$ $9,000.00 3,300.00$ $13,200.00 3,100.00$ $12,400.00 2,365.00$ $9,460.00636 Traffic Signal Confirmation Lights:4 EA 300.00$ $1,200.00 165.00$ $660.00 770.00$ $3,080.00 165.00$ $660.00 150.00$ $600.00 750.00$ $3,000.00 190.00$ $760.00 200.00$ $800.00 165.00$ $660.00637 Cabinet Mounted Communication Equipment1 LS 2,500.00$ $2,500.00 2,200.00$ $2,200.00 2,856.70$ $2,856.70 2,200.00$ $2,200.00 2,000.00$ $2,000.00 5,000.00$ $5,000.00 5,300.00$ $5,300.00 46,000.00$ $46,000.00 2,200.00$ $2,200.00"A" - SUBTOTAL: $2,120,551.75$2,096,463.73$2,208,390.14$2,255,980.06$2,247,610.00$2,346,056.50$2,801,847.76$2,809,543.30$2,969,633.49Indicates where there was an error in the Contractor's bid proposal"B" - TOTAL CALENDAR DAYS BID300320300350300400395380TOTAL A + B*1000$2,396,463.73$2,528,390.14$2,555,980.06$2,597,610.00$2,646,056.50$3,201,847.76$3,204,543.30$3,349,633.49Page 2 of 2 Deforest Road ReconstructionCity of Coppell Project ST05-01Created in AutoCAD1 INCH = 1 MILE011/2S:\CAD\In_Design\ST05-01 Deforest\dwg\CC Exhibits\ST05-01 CC EXHIBITS.dwgCreated on: 6 April 2011 by George Marshall 1 INCH = FT. 0 400 400 200 Proposed Improvements Deforest Road Re-Construction City of Coppell Project ST05-01 Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\ST05-01 Created on: 23 May 2007 by Scott Latta AREA OF PROPOSED IMPROVEMENTS DDDCreated in AutoCAD1 INCH = 500 FEET0500250S:\CAD\In_Design\ST05-01 Deforest\dwg\CC Exhibits\ST05-01 CC EXHIBITS.dwgCreated on: 6 April 2011 by George MarshallDeforest Road ReconstructionCity of Coppell Project ST05-01 MEMO Date: November 8, 2011 From: Mindi Hurley, Economic Development Coord. RE: Barcel USA, LLC Enterprise Zone – Ordinance Barcel USA, LLC is seeking participation in the Texas Enterprise Zone program by receiving an enterprise project designation. The Enterprise Zone program is a State program and has no impact on the City of Coppell’s revenues. The program was created at the State level to foster the growth of new jobs, but it can also be used as a retention tool. Companies designated as an Enterprise Zone receive rebates of the State’s portion of sales and use tax equal to $2,500 per employee for a period of five years. For a company to qualify for the program, it must meet certain requirements and be nominated for the program by the local government in which the business resides. Requirements to be approved as an Enterprise Zone: -The company must be designated by the local government in which the business resides as a qualified Enterprise Zone. -A public hearing must be held. -The company must have a minimum of $5M in capital investment over the five-year period. -The company must maintain existing employment levels for the 5-year period. The company, working with the local government, must complete the State application process and file the application with the Office of the Governor. The State only accepts applications quarterly. Since the program requires a local nomination, the City will have to pass an ordinance to approve each company that wants to apply for the program. This ordinance fulfills that requirement. The required public hearing was held on October 25, 2011. Barcel USA, LLC is expected to invest more than $5 million over the next five years with improvements including leasehold improvement expansion, replacement equipment and capitalized software development and installation. Barcel USA, LLC will also be adding additional employees. Page 1 ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, DECLARING CERTAIN PROPERTY WITHIN THE CITY AS AN ENTERPRISE ZONE PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE (ACT), NOMINATING BARCEL USA, LLC AS THE NOMINEE FOR QUALIFICATION; ESTABLISHING TERMS AND CONDITIONS OF QUALIFICATION FOR ENTERPRISE ZONE DESIGNATION; PROVIDING FOR A LIAISON; PROVIDING FOR AN ANNUAL REPORT; PROVIDING FOR IDENTIFICATION AND SUMMARY FOR LOCAL INCENTIVES AVAILABLE FOR THE BUSINESS ENTERPRISE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Texas by adoption of Chapter 2303.001, et seq., of the TEXAS GOVERNMENT CODE has provided for the designation of certain businesses to qualify for an enterprise zone for purposes of state sales tax rebate; and WHEREAS, the City of Coppell, Texas, has designate certain local incentives as available to business enterprises for retention of the business enterprise within its corporate limits; and WHEREAS, Barcel USA, LLC desires to avail itself of the opportunity to make application for and be a nominee for the purposes of sales tax rebate under the program designated under said section of the TEXAS GOVERNMENT CODE; and WHEREAS, the required public hearing has been held on October 25, 2011 in accordance with state law; and WHEREAS, the location of the nominee’s business qualifies as a business site; and WHEREAS, state law does not prohibit such business from qualifying and the City has, by the adoption of this ordinance, its first designation as an enterprise zone under said statute; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. The City nominates Barcel USA, LLC, 301 S. Northpoint, Coppell, Texas 75019, for enterprise project status. SECTION 2. The following local incentives, at the election of the governing body, are or will be made available to the nominated project or activity of the qualified business: (a) The City may abate taxes on the increase in value of real property improvements and eligible personal property that locate in a designated Page 2 enterprise zone. The level of abatement shall be based upon the extent to which the business receiving the abatement creates jobs for qualified employees, in accordance with the City of Coppell Tax Abatement Policy, and with qualified employee being defined by the Act. (b) The City may provide regulatory relief to businesses, including: (1) zoning changes or variances; (2) exemptions from unnecessary building code requirements, impact fees, or inspection fees; or (3) streamlined permitting. (c) The City may provide enhanced municipal services to businesses, including: (1) improved police and fire protection; (2) institution of community crime prevention programs; or (3) special public transportation routes or reduced fares. (d) The City may provide improvements in community facilities, including: (1) capital improvements in water and sewer facilities; (2) road repair; or (3) creation or improvement of parks. (e) The City may provide improvements to housing, including: (1) low-interest loans for housing rehabilitation, improvement, or new construction; or (2) transfer of abandoned housing to individuals or community groups. (f) The City may provide business and industrial development services, including: (1) low-interest loans for business; (2) use of surplus school buildings or other underutilized publicly owned facilities as small business incubators; (3) provision of publicly owned land for development purposes, including residential, commercial, or industrial development; (4) creation of special one-stop permitting and problem resolution centers or ombudsmen; or (5) promotion and marketing services. (g) The City may provide job training and employment services to businesses, including: (1) retraining programs; (2) literacy and employment skills programs; (3) vocational education; or (4) customized job training. Page 3 SECTION 3. The enterprise zone areas within the City are reinvestment zones in accordance with the Texas Tax Code, Chapter 312. SECTION 4. The City of Coppell City Council directs and designates its City Manager, or designee, as the City’s liaison to communicate and negotiate with the Office of the Governor Economic Development & Tourism (“EDT”) through the Bank and enterprise project(s) and to oversee zone activities and communications with qualified businesses and other entities in an enterprise zone or affected by an enterprise project. SECTION 5. The City finds that Barcel USA, LLC meets the criteria for designation as an enterprise project under Chapter 2303, Subchapter F of the Act on the following grounds: (a) Barcel USA, LLC is a “qualified business” under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business at a qualified business site within the governing body’s jurisdiction, located outside of an enterprise zone, and at least thirty-five percent (35%) of the business’ new employees will be residents of an enterprise zone or economically disadvantaged individuals; and (b) There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities in the area; and (c) The designation of Barcel USA, LLC as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area. SECTION 6. The enterprise project shall take effect on the date of designation of the enterprise project by EDT and terminate on ____________________. SECTION 7. This ordinance shall take effect from and after its passage as the law and charter in such case provides. DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, ON THIS THE ____ DAY OF _____________, 2011. APPROVED: DOUGLAS N. STOVER, MAYOR Page 4 ATTEST: CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY Date: November 8, 2011 From: Mindi Hurley, Economic Development Coord. RE: Barcel USA, LLC Amended and Restated Abatement - Resolution City Council held a Public Hearing regarding the designation of reinvestment zone number 64 for Barcel USA, LLC on May 10, 2011. A business personal property abatement was passed at that time for a period of 5 years. Barcel USA, LLC is now looking to expand their current operations and is seeking an incentive for their additional business personal property. This amended and restated abatement provides for a 75% abatement on business personal property for a period of 5 years. The Coppell Economic Development Committee unanimously approved amending the existing abatement to change the terms of the agreement at their meeting in September 2011. 1 RESOLUTION NO. ________________ A RESOLUTION OF THE CITY COUNCIL 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 BARCEL USA, LLC; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has been presented a proposed Amended and Restated Tax Abatement Agreement by and between the City of Coppell, Texas and Barcel USA, 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 Amended and Restated Tax Abatement Agreement. The notice given by the City Manager included a copy of the Amended and Restated Tax Abatement Agreement approved by this Resolution. SECTION 6. This Resolution and the Amended and Restated 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 8th day of November, 2011. CITY OF COPPELL, TEXAS ___________________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ___________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: ____________________________________ CITY ATTORNEY (PGS:10-31-11:TM 52136) 3 EXHIBIT “A” (copy of Amended and Restated Tax Abatement Agreement) Page 1 Amended and Restated Tax Abatement Agreement City of Coppell and Barcel USA, LLC (TM 51775) 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 Barcel USA, LLC, a Texas limited liability company (the “Lessee”), acting by and through their authorized representatives. W I T N E S S E T H: WHEREAS, the Parties previously entered into that certain Tax Abatement Agreement dated May 10, 2011 (the “Original Agreement”); and WHEREAS, the Parties desire to amend and restate the Original Agreement as set forth herein; and WHEREAS, the City Council of the City of Coppell, Texas (the “City”), passed an Ordinance (the “Ordinance”) establishing Tax Abatement Reinvestment Zone No. 64 (the “Zone”) for the real property described in Exhibit “A” (the “Land”), 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 corporate commercial and industrial economic and employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax Code; and WHEREAS, Lessee has or intends to lease approximately 151,000 square feet of office and warehouse space in Suite 100 of AmberPoint Business Park, located at 301 S. Northpoint Drive, Coppell, Texas 75019 (hereinafter defined as the “Leased Premises”), to serve as a facility for the use of corporate office and warehouse space for the distribution of snack items, for a period of at least five (5) years (hereinafter defined as the “Lease”), and intends to locate and maintain Tangible Personal Property (hereinafter defined) at the Leased Premises; and Page 2 Amended and Restated Tax Abatement Agreement City of Coppell and Barcel USA, LLC (TM 51775) 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 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 (hereinafter defined) sought are feasible and practicable and would be of benefit to the Land 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: “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. “Effective Date” shall mean May 1, 2012. “First Year of Abatement” shall mean January 1 of the calendar year following the date of issuance of a certificate of occupancy by the City for the Lessee’s occupancy of the Leased Premises. Page 3 Amended and Restated Tax Abatement Agreement City of Coppell and Barcel USA, LLC (TM 51775) “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 mean AmberPoint Business Park, on the Land located at 301 S. Northpoint Drive, Coppell, Texas 75019. “Land” means the real property described in Exhibit “A”. “Lease” shall mean the lease of the Leased Premises by Lessee for a period of not less than five (5) years commencing on the Lease Inception Date. “Lease Inception Date” shall mean the date the term of the Lease commences but not later than May 1, 2012. “Leased Premises” shall mean approximately 151,000 square feet of office and warehouse space in Suite 100 in the Improvements. “Lessee” shall mean Barcel USA, LLC, a Texas limited liability company. “Premises” shall mean collectively, the Land and Improvements, but excluding the Tangible Personal Property. “Tangible Personal Property” shall mean tangible personal property, equipment and fixtures (but excluding supplies, inventory, Freeport Goods and Goods in Transit) owned or leased by Lessee that is added to the Leased Premises subsequent to the execution of this Agreement. “Taxable Value” means the appraised value as certified by the Appraisal District as of January 1 of a given year. Article II General Provisions 2.1 The Lessee has or intends to enter into the Lease. The Lessee intends to locate and maintain Tangible Personal Property at the Leased Premises. 2.2 The Premises are not in an improvement project financed by tax increment bonds. Page 4 Amended and Restated Tax Abatement Agreement City of Coppell and Barcel USA, LLC (TM 51775) 2.3 This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. 2.4 The Premises and Tangible Personal Property 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 this Agreement. 2.6 The Land and the Improvements constructed thereon at all times shall be used in the manner (i) that is consistent with the City’s Comprehensive Zoning Ordinance, as amended, and (ii) that, during the period taxes are abated hereunder, is consistent with the general purposes of encouraging development or redevelopment within the Zone. 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, the City hereby grants Lessee an abatement of seventy-five percent (75%) of the Taxable Value of the Tangible Personal Property for a period of five (5) consecutive years beginning with the First Year of Tax Abatement. 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 beginning with the First Year of Tax Abatement. 3.4 During the period of tax abatement herein authorized, Lessee shall be subject to all taxation not abated, including but not limited to, sales tax and ad valorem taxation on land, inventory and supplies. 3.5 The Lessee agrees to locate and maintain Tangible Personal Property at the Leased Premises with a Taxable Value of at least Three Million Dollars ($3,000,000.00) as of the First Year of Abatement and as of January 1 of each calendar year thereafter during the term of this Agreement. 3.6 The term of this Agreement shall begin on the Effective Date and continue until March 1 of the calendar year following the sixth (6th) anniversary date of the First Year of Abatement, unless sooner terminated as provided herein. Page 5 Amended and Restated Tax Abatement Agreement City of Coppell and Barcel USA, LLC (TM 51775) Article IV Improvements 4.1 Nothing in this Agreement obligates the Lessee to enter into the Lease and/or occupy the Leased Premises, 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 May 1, 2012. Lessee agrees and covenants to continuously lease and occupy the Leased Premises for a period of at least five (5) years commencing on the Lease Inception Date. 4.3 Lessee agrees to maintain the Leased Premises during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations. 4.4 The City, its agents and employees shall have the right of access to the Leased Premises during Lessee’s occupancy of the Leased Premises to inspect the Leased Premises at reasonable times and with reasonable notice to Lessee, and in accordance with Lessee’s visitor access and security policies, in order to insure that the use of the Leased Premises 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 Leased Premises 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) suffers an event of “Bankruptcy or Insolvency”; or (iv) breaches any of the terms and conditions of this Agreement which is not otherwise cured within the applicable cure period, 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 termination, 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 Tangible Personal Property, and shall become due, owing and shall be paid to the City within thirty (30) days after termination. 5.2 Upon breach by Lessee of any obligations under this Agreement, the City shall notify the Lessee in writing, who shall have thirty (30) days from receipt of the notice in which to cure any such default. If the default cannot reasonably be cured within a thirty (30) day period, and the Lessee has diligently pursued such remedies as shall be reasonably necessary to cure such default, then the City may extend the period in which the default must be cured. Page 6 Amended and Restated Tax Abatement Agreement City of Coppell and Barcel USA, LLC (TM 51775) 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, as set forth in Section 5.1 above, and shall become due and payable not later than thirty (30) days after a notice of termination is provided. 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 of the Appraisal District in which the eligible taxable property has situs. A copy of the exemption application shall be submitted to the City upon request. 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. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address set forth below or on the day actually received as sent by courier or otherwise hand delivered: Page 7 Amended and Restated Tax Abatement Agreement City of Coppell and Barcel USA, LLC (TM 51775) If intended for Lessee, to: Attn: Esteban Rodarte Human Relations Manager Barcel USA, LLC 301 S. Northpoint Drive Suite 100 Coppell, TX 75019 Telephone: 972.607.4487 Mobile: 214.392.7989 Email: esteban.rodarte@grupobimbo.com If intended for City, to: Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 Telephone: 972.304.3677 Facsimile: 972.304.3673 With a copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 Telephone: 214.965.9900 Facsimile: 214.965.0010 Email: psmith@njdhs.com 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 governed by the laws of the State of Texas without regard to any conflict of law rules. Exclusive 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. Page 8 Amended and Restated Tax Abatement Agreement City of Coppell and Barcel USA, LLC (TM 51775) 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. 8.9 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. 8.10 Conditions Precedent. This Agreement is conditioned on and subject to the following: (i) the Lessee entering into the Lease on or before April 1, 2011; (ii) Lessee providing a fully executed copy of the Lease to the City. 8.11 Employment of Undocumented Workers. During the term of this Agreement, the Lessee agrees not to knowingly employ any undocumented workers and if convicted, by a final non-appealable conviction, of a violation under 8 U.S.C. Section 1324a (f), the Lessee shall repay the taxes abated herein as of the date of such final non-appealable conviction within 120 business days after the date the Lessee is notified by the City of such final non-appealable conviction, plus interest at the rate of 6% compounded annually from the date of such final non- appealable conviction until paid. 8.12 Right of Offset. The City may at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to the City from the Lessee, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due the City has been reduced to judgment by a court. (Signature Page to Follow) Page 9 Amended and Restated Tax Abatement Agreement City of Coppell and Barcel USA, LLC (TM 51775) EXECUTED in duplicate originals the ____ day of _______________, 2011. CITY OF COPPELL, TEXAS By: ______________________________________ Douglas N. Stover, Mayor Attest: By: _______________________________________ Christel Pettinos, City Secretary Agreed as to Form: By:_______________________________ City Attorney EXECUTED in duplicate originals the ____ day of _______________, 2011. BARCEL USA, LLC, a Texas limited liability company By:_______________________________________ Name: Title: Page 1 Exhibit “A” to Amended and Restated Tax Abatement Agreement City of Coppell and Barcel USA, LLC (TM 51775) EXHIBIT “A” Legal Description of the Land Lot 1BR, Block A of the Amberpoint Business Park at Coppell. RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF COPPELL, DALLAS COUNTY, TEXAS CASTING ITS VOTE FOR THE FOURTH MEMBER OF THE BOARD OF DIRECTORS OF THE DALLAS CENTRAL APPRAISAL DISTRICT. WHEREAS, Dallas County eligible taxing entities have expressed and approved an option which allows for representation to the Appraisal District Board of Directors (in accordance with Section 6.03 of the Texas Property Tax Code) as follows: 1. The City of Dallas shall appoint one (1) member to the Board. 2. The Dallas Independent School District shall appoint one (1) member to the Board. 3. The Dallas County Commissioners Court shall appoint one (1) member to the Board. The member appointed by the Dallas County Commissioners Court shall not be a resident of either the City of Dallas or the Dallas Independent School District. 4. Each of the incorporated cities and towns, except for the City of Dallas, shall have the right to nominate by an official resolution one (1) candidate as the fourth member of the Board of Directors. The said cities and towns shall, from the nominations received, elect by a majority vote, with each city and town being entitled to one (1) vote, the fourth member of the Board of Directors. 5. Each of the independent school districts, except for the Dallas Independent School District, shall have the right to nominate by an official resolution one (1) candidate as the fifth member of the Board of Directors. The said independent school districts shall, from the nominations received, elect by a majority vote, with each independent school district being entitled to one (1) vote, the fifth member of the Board of Directors. The votes required for election to the Board of Directors in 4 and 5 hereof shall be by a majority of those authorized to vote in 4 and 5 respectively and not by a majority of the quorum, and WHEREAS, the City of Coppell does hereby cast its vote by marking the ballot below: ⁭ Michael Hurtt ⁭ Paul Norman NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS does hereby confirm it one (1) vote for the election of _______________________________ as the suburban cities’ representative to the Board of Directors of the Dallas Central Appraisal District. DULY PASSED by the City Council of the city of Coppell, Texas, this the _______ day of November, 2011. APPROVED: ______________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _______________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, CASTING ITS VOTE(S) FOR MEMBER(S) OF THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT. WHEREAS, the city of Coppell has joined in the formation of a Denton Central Appraisal District; and WHEREAS, the Denton County Chief Appraiser has notified each taxing entity that the five (5) nominees receiving the most votes will become the Board of Directors; and WHEREAS, the Denton County Chief Appraiser has notified the city of Coppell that it may cast all its votes for one candidate or may distribute the votes among any number of candidates; and WHEREAS, the city of Coppell does hereby cast its vote(s) by marking the ballot below: [] MARK D. CHAMBERS, JR. [] LOURDES HASSLER [] JOHN MAHALIK [] CARROLL G. MACLIN [] BETTY MCCRARY [] DR. LINDA MONACO [] STEVE MOSSMAN [] CHARLES STAFFORD [] TOM WASHINGTON [] RICK WOOLFOLK NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS does hereby confirm its vote(s) for the election of _______________________________________________________________ as the suburban cities' representative(s) to the Board of Directors of the Denton Central Appraisal District. DULY PASSED by the City Council of the city of Coppell, Texas, this the _______ day of November, 2011. APPROVED: _________________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY THE FOLLOWING VACANCIES ARE AVAILABLE: 2011 ANIMAL SERVICES ADVISORY & APPEALS BOARD 1 Citizen (2-year term of office) 1 Alternate (2-year term of office) BOARD OF ADJUSTMENT 2 Citizens (2-year term of office) 2 Alternates (2-year term of office) CONDUCT REVIEW BOARD 13 Citizens (2-year term of office) COPPELL ECONOMIC DEVELOPMENT COMMITTEE 4 Citizens (2-year term of office) KEEP COPPELL BEAUTIFUL COMMITTEE 4 Citizens (2-year term of office) 2 Alternates (2-year term of office) KEEP COPPELL BEAUTIFUL COMMITTEE – YOUTH ADVISOR 2 Students (1-year term of office) LIBRARY BOARD 3 Citizens (2-year term of office) 1 Alternate (2-year term of office) LIBRARY BOARD - YOUTH ADVISOR 2 Students (1-year term of office) PARKS AND RECREATION BOARD – YOUTH ADVISOR 2 Students (1-year term of office) PLANNING AND ZONING COMMISSION 4 Citizens (2-year term of office) SPECIAL COUNSEL 7 Citizens (2-year term of office)