CP 2011-12-13City Council
City of Coppell, Texas
Meeting Agenda
255 Parkway Boulevard
Coppell, Texas
75019-9478
Council Chambers5:00 PMTuesday, December 13, 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 5:00 p.m. for Executive Session, following immediately thereafter with Work
Session, a Boards and Commission Reception being held from 6:30 p.m. to 7:30 p.m. and
Regular Session beginning at 7:30 p.m., to be held at Town Center, 255 Parkway Boulevard,
Coppell, Texas.
As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be
convened into closed Executive Session for the purpose of seeking confidential legal advice
from the City Attorney on any agenda item listed herein.
The City of Coppell reserves the right to reconvene, recess or realign the Work Session or
called Executive Session or order of business at any time prior to adjournment.
The purpose of the meeting is to consider the following items:
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. Real Property south of Bethel Road, west of S. Coppell Road.
Page 1 City of Coppell, Texas Printed on 12/9/2011
December 13, 2011City Council Meeting Agenda
Section 551.087, Texas Government Code - Economic Development Negotiations.
B. Economic Development Prospects north of Interstate 635, east of Freeport Pkwy.
Section 551.071, Texas Government Code - Consultation with City Attorney, and Section
551.072, Texas Government Code - Deliberation regarding Real Property.
C. Seek legal advice from the City Attorney concerning the settlement and land
purchase agreements with the Billingsleys at Northlake and Luminant.
3.Work Session Open to the Public 1st Floor Conference Room
A. Presentation by Fred Hill and Dan Shelley regarding upcoming Legislative Session.
B. Discussion regarding the RCC Radio Upgrade Interlocal Agreement with the Police
Consortium.
C. Discussion regarding the Alarm Management System with PMAM Corporation.
D. Discussion regarding Youth Sports Season Schedules.
E. Discussion of Agenda Items.
Season Overlap-Staff Memo.pdf
Youth Sports Associations 1997 Agreement.pdf
Attachments:
RECEPTION FOR BOARD/COMMISSION/COMMITTEE MEMBERS IN ATRIUM FROM 6:30 P.M.
TO 7:30 P.M.
Regular Session Open to the Public
4.Invocation 7:30 p.m.
5.Pledge of Allegiance
6.Consider approval of a proclamation proclaiming Tuesday, December 13, 2011 as
COPPELL COWGIRL APPRECIATION DAY, and authorizing the Mayor to sign.
Proclamation - Volleyball State Championship 2011.pdfAttachments:
7.Swearing in of newly appointed Board/Commission/Committee members.
8.Annual State of the Court Address presented by the Honorable Marian Moseley.
9.Citizens’ Appearance
10.Consent Agenda
Page 2 City of Coppell, Texas Printed on 12/9/2011
December 13, 2011City Council Meeting Agenda
A.Consider approval of minutes: November 8, 2011 and November 16, 2011.
Minutes for November 8, 2011.pdf
Minutes for November 16, 2011.pdf
Attachments:
B.Consider approval of an Ordinance amending Chapter 1, Administration, Article 1-5,
“City Manager,” Section 1-5-6, “Authority to purchase and approve change orders,”
Sub-section (H), by replacing $25,000.00 with $50,000.00; and authorizing the Mayor to
sign.
Change order Memo.pdf
Ordinance.pdf
Attachments:
C.Consider approval of an Ordinance amending Chapter 9, “General Regulations,” Article
9-12, “Emergency Alarm Systems,” Section 9-12-4, “Service Fee for False Alarms,” by
establishing a fee for false alarms; and authorizing the Mayor to sign.
Ordinance.pdfAttachments:
D.Consider approval of an Interlocal Purchasing Agreement between the Region VIII
Education Service Center TIPS/TAPS Program and the City of Coppell; and authorizing
the Mayor to sign.
Texas_Interlocal_Agreement_2011.pdf
TIPS TAPS memo.pdf
Attachments:
E.Consider approval of an Ordinance for Case No. PD-201R-TH-2, Riverchase
Townhomes, Lot 1, a zoning change 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 and authorizing the Mayor to sign..
Ordinance.pdf
Exhibit A.pdf
Exhibits B, C and D.pdf
Attachments:
F.Consider approval of an Ordinance for Case No. S-1254-SF-12, Cottonwood Estates,
Lot 5R, Block A, a zoning change 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 and authorizing the
Mayor to sign.
Ordinance.pdf
Exhibit A.pdf
Exhibits B, C and D .pdf
Attachments:
Page 3 City of Coppell, Texas Printed on 12/9/2011
December 13, 2011City Council Meeting Agenda
G.Consider approval of a contract between the City of Coppell and PMAM Corporation for
an Alarm Management System; and authorizing the City Manager to sign.
Agenda - PMAM Alarm Management Memo.pdf
Agenda - PMAM Alarm Management Contract.pdf
Attachments:
H.Consider approval of the procurement of replacement vehicles through an Interlocal
Agreement with Buyboard Contract #358-10; as budgeted; and authorizing the City
Manager to sign and execute any necessary documents.
Vehicles memo.pdf
Quote 1 Fusion.pdf
Quote 2 Tacoma.pdf
Quote 3 Explorer.pdf
Attachments:
I.Consider approval of awarding Bid # Q-1111-01 “Water/Wastewater System Materials”
to MSC Waterworks in the amount of $54,534.50 as budgeted; and authorizing the City
Manager to sign and execute any necessary documents.
Water Materials Contract Award Memo.pdf
Water Materials Contract Award Bid Tab.pdf
Attachments:
End of Consent Agenda
11.PUBLIC HEARING:
Consider approval of Case No. PD-252-H, Allstate Insurance Office, a zoning change
request from H (Historic) to PD-252-H (Planned Development-252-Historic), to allow
site modifications to support conversion of a residential structure to an office use on
0.25 acres of property located at 709 South Coppell Road.
Staff Report.pdf
Site Plan.pdf
Landscape Plan & Tree Survey.pdf
Elevations.pdf
Attachments:
12.Consider approval of the Cozby Addition, Lot 1, Block A, Minor Plat, to allow site
modifications to support conversion of a residential structure to an office use on 0.25
acres of property located at 709 South Coppell Road.
Staff Report MP.pdf
MINOR PLAT.pdf
Attachments:
Page 4 City of Coppell, Texas Printed on 12/9/2011
December 13, 2011City Council Meeting Agenda
13.PUBLIC HEARING:
Consider approval of Case No. PD-241R-C, Red Hawk Office, a zoning change request
from PD-241-C (Planned Development-241-Commercial) to PD-241R-C (Planned
Development-241 Revised-Commercial), to attach a Detail Plan on Lot 28R, to allow
the construction of a 7,871-square-foot office building on 0.92 acres of property located
at the northwest corner of Denton Tap Road and Bethel School Road.
Staff Report.pdf
ConceptualPD.pdf
Cover.PDF
Site Plan.PDF
Floor&WallPlan.PDF
Elevations.PDF
Landscape Plan.pdf
Tree Survey.pdf
Attachments:
14.PUBLIC HEARING:
Consider approval of the Red Hawk Addition, Lot 28R, Block A, Replat, being a replat of
Lot 28, Block A, of the Red Hawk Addition, to establish various easements to
accommodate an office building on 0.92 acres of property located at the northwest
corner of Denton Tap Road and Bethel School Road.
Staff Report Replat .pdf
Replat.pdf
Attachments:
15.PUBLIC HEARING:
Consider approval of a text amendment to revise Article 34, Landscaping Regulations
of the Zoning Ordinance (primarily Table 1, Plant Palette), to promote the use of
Xeriscaping.
Staff Report.pdf
XeriscapingChartRevised.pdf
Attachments:
16.PUBLIC HEARING:
Consider approval of an Ordinance designating Wrangler Center, LP, Reinvestment
Zone No. 67 pursuant to Section 312.201 of the Property Redevelopment and Tax
Abatement Act, and authorizing the Mayor to sign.
Public Hearing and Ordinance Memo.pdf
Public Hearing Notice.pdf
Ordinance.pdf
Attachments:
17.Consider approval of a Resolution approving a Tax Abatement Agreement between the
City of Coppell, Wrangler Center, LP and Lanvera LTD, and authorizing the Mayor to
sign.
Resolution Memo.pdf
Resolution.pdf
Tax Abatement Agreement.pdf
Attachments:
Page 5 City of Coppell, Texas Printed on 12/9/2011
December 13, 2011City Council Meeting Agenda
18.PUBLIC HEARING:
Consider approval of an Ordinance designating Genera Corporation, Reinvestment
Zone No. 68 pursuant to Section 312.201 of the Property Redevelopment and Tax
Abatement Act, and authorizing the Mayor to sign.
Public Hearing and Ordinance Memo.pdf
Public Hearing Notice.pdf
Ordinance.pdf
Attachments:
19.PUBLIC HEARING:
Consider approval of an Ordinance designating Scentsy, Inc., Reinvestment Zone No.
69 pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement
Act, and authorizing the Mayor to sign.
Public Hearing and Ordinance Memo.pdf
Public Hearing Notice.pdf
Ordinance.pdf
Attachments:
20.Consider approval of a Resolution approving a Tax Abatement Agreement between the
City of Coppell and Scentsy, Inc., and authorizing the Mayor to sign.
Resolution Memo.pdf
Resolution.pdf
Tax Abatement Agreement.pdf
Attachments:
21.PUBLIC HEARING:
Consider approval of an Ordinance designating Genuine Parts Company, Reinvestment
Zone No. 66 pursuant to Section 312.201 of the Property Redevelopment and Tax
Abatement Act, and authorizing the Mayor to sign.
Public Hearing and Ordinance Memo.pdf
Public Hearing Notice.pdf
Ordinance.pdf
Attachments:
22.Consider approval of a Resolution approving a Tax Abatement Agreement between the
City of Coppell and Genuine Parts Company, and authorizing the Mayor to sign.
Resolution Memo.pdf
Resolution.pdf
Tax Abatement Agreement.pdf
Attachments:
23.Discuss and consider approving the First Amendment to Development Agreement
between the City of Coppell and CSE Commercial Real Estate, L.P., and authorize the
City Manager to sign.
Memo.pdf
First Amendment to Development Agreement.pdf
Attachments:
Page 6 City of Coppell, Texas Printed on 12/9/2011
December 13, 2011City Council Meeting Agenda
24.Discuss and consider approving the First Amendment to Shared Parking Agreement
between the City of Coppell and CSE Commercial Real Estate, L.P., and authorize the
City Manager to sign.
Shared Parking Agreement Memo.pdf
First Amendment to Shared Parking Agreement.pdf
Attachments:
25.Consider approval of a Resolution approving the terms and conditions of an Interlocal
Agreement between the City of Carrollton, The City of Farmers Branch, The Town of
Addison, and The City of Coppell to enter into Phase II of a Radio System study to
determine the feasibility of expansion / upgrading of current radio systems at a cost of
$57,387 per city; and authorizing the Mayor to sign.
Agenda - RCC Radio Study Memo.pdf
Agenda - RCC Interlocal Agreement Phase II.pdf
Agenda - RCC Interlocal Agreement Resolution.pdf
Attachments:
26.Consider approval of Change Order Number 2 to the Old Town Coppell and Bethel
Road Infrastructure Improvements (ST 10-02) project to JRJ Paving, L.P. in the amount
of $74,677.00; as provided in CIP funds; and authorizing the City Manager to sign all
necessary documents.
Old Town Change Order #2 Memo.pdf
Old Town Change Order #2 Exhibit.pdf
Old Town Change Order #2 CO.pdf
Attachments:
27.Discussion concerning the City’s Water Conservation and Drought Contingency Plan
and a date for implementation of Stage 1.
Water Conservation Plan memo.pdf
City of Dallas letter.pdf
Wholesale Treatment Contract.pdf
Email about Enactment of Stage 1 by Dallas.pdf
Dallas City Manager letter to Mayor and City Council regardin_1.pdf
Emails between Coppell and DWU.pdf
Stages of City of Coppell Water Conservation and Drought Contingency Plan.pdf
Dallas Drought Plan.pdf
Attachments:
28.City Manager Reports
Project Updates and Future Agendas.
29.Mayor and Council Reports
Report by Mayor Stover regarding Metroplex Mayor’s Meeting.
30.Council Committee Reports
Page 7 City of Coppell, Texas Printed on 12/9/2011
December 13, 2011City Council Meeting Agenda
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.
31.Public Service Announcements concerning items of community interest and no Council
action or deliberation is permitted.
32.Necessary Action from Executive Session
Adjournment
________________________
Douglas N. Stover, Mayor
CERTIFICATE
I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of
the City of Coppell, Texas on this 9th day of December, 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).
Page 8 City of Coppell, Texas Printed on 12/9/2011
PARKS AND RECREATION DEPARTMENT
TO: Mayor and City Council
FROM: Brad Reid, Director of Parks and Recreation
DATE: December 13, 2011
SUBJECT: Youth Sports Spring Season Overlap
Because of input the Mayor and City Council were receiving from the public in 1997,
Mayor Morton drafted a letter to the Chair of the Coppell Youth Sports Council asking
the Sports Council and the Park Board to meet jointly “and, in consultation with the
respective sports associations, begin to address the issue of overlapping youth sports
seasons.” In September of that same year, the Chair of the Park Board forwarded a
Spring Season Agreement to the Mayor and City Council, signed by the presidents of
CYSA, CBA and CGSA. This Agreement outlined specific weeks for the soccer season
and specific days of the month for the baseball/softball seasons.
In recent months the Soccer Association has questioned the continued necessity of this
agreement and requested that it be dissolved, allowing each association to schedule their
spring season without regard for the other sports. The Baseball and Softball Associations
have expressed strong objection to this request, indicating that the schedules should be
left as they have been since implementation of the 1997 Agreement.
In an effort to review the request from CYSA the Youth Sports Associations spring
season overlapping issue has been evaluated over the last several months through various
channels of communication and survey feedback. A summary of the evolution of the
current issue is as follows:
Summary of Issue Actions
The Coppell Youth Soccer Association addressed a letter on April 14, 2010 to the
Coppell Park Board and the Coppell Sports Council asking to “dissolve” the
September 3, 1997 agreement that was intended to minimize season overlap
between the early spring starting Coppell Youth Soccer Association (CYSA) and
the late spring starting Coppell Baseball Association (CBA) and the Coppell Girls
Softball Association (CGSA).
Several meetings were held between the Parks and Recreation Department
representatives, the three association presidents and a few members of these
associations that had scheduling and historical knowledge.
No compromise was reached in these meetings to modify or dissolve the 1997
agreement.
Meetings between the association members themselves to resolve the issue did not
produce results.
The three association representatives presented the issue and, arguments for and
against changing the agreement, to the Park Board which suggested an
independent survey be conducted by the City to establish feedback from all three
association members, parents, etc.
Raymond Turco and Associates met with representatives from CYSA, CBA and
CGSA to develop a series of questions and then conducted the survey during the
month of June. The results were presented to the Park Board on August 8, 2011.
The Park Board recommended the resolution outlined below to the Park and
Recreation Department at the September 5, 2011 meeting. Staff has passed on the
recommended resolution to the affected Associations with plans to implement the
revised dates into the appropriate License and Use Agreements.
Each of the three Associations expressed displeasure at the resolution. However,
the Soccer Association is willing to accept the Park Board recommendation. On
the other hand, the Baseball and Softball Associations remain adamantly opposed
to the recommended solution because they view it as increasing the season
overlap.
The Parks Board recommendation attempts to provide clarification to the 1997 agreement
and a compromise intended to best accommodate all of the participating members of the
youth sports associations.
Current Situation
The 1997 agreement states that the regular spring soccer season should end the second
week of April. Because of the specific dates reflected on the 1998 calendar attached to
the Agreement, this statement has been interpreted to mean that the spring soccer season
shall be concluded prior to the start of the second full week. This is subject to
interpretation and the Park Board wished to clarify this by stipulating a date by which the
season should end.
Change
The Park Board recommended a compromise to the differing opinions as to when the
spring soccer season should end. The resolution is that the regular spring soccer season
should conclude no later than the third Saturday in April, with the end-of-season
tournament ending prior to the following Saturday. The associations are to work together
on the overlapping Saturdays in the best way possible to accommodate all activities. The
Board went on to stipulate that no soccer games should be scheduled on the date of the
“Opening Day” festivities that CBA holds each year, typically the second Saturday in
April.
The City of Coppell and the Parks and Recreation Department approach all citizen issues
with an objective mindset and intend to make decisions that improve the quality of life of
its citizens through City provided services. The question regarding spring season overlap
was first brought to the attention of the then sitting city council members in 1997 who
asked the Park Board and the Sports Associations to resolve this issue for the benefit of
the youth of Coppell, which they did. The outcome of no single meeting, no comment or
survey result determined this recommended change. Discussions about what is beneficial
to the entire community lead the Board to this recommendation.
PROCLAMATION
WHEREAS, the Coppell Cowgirls, claimed the UIL Class 5A State Championship at Texas State
University in San Marcos on Saturday, November 19, 2011 by defeating McKinney Boyd; and
WHEREAS, this was the first State Championship in volleyball for Coppell High School; and
WHEREAS, the City Council wishes to give special recognition to the Champion Coppell
Cowgirl Volleyball Team, which consisted of:
Megan Kennedy Cassidy Pickrell Erica Bohannon
Kristen Dickerson Sarah Arnold Mikayla Bass
Lindsay Stivers Mary-Kate Marshall Chiaka Obgogu
Kierra Holst Kate Dicken Riley Pickrell
Jordan Jones Erin Gillen, Manager Makenna Hares, Manager
Head Coach: Julie Green Asst. Coaches: Megan Geeslin, Megan Boyd, and Robyn DeArmond
WHEREAS, this was Julie Green's first year as head coach at CHS; and
WHEREAS, Kierra Holst was named Most Valuable Player in the State Championship; and
WHEREAS, Coppell is proud of these young athletes not only for winning, but for practicing
good sportsmanship and playing as a team while maintaining focus, determination, and a high level of
intensity.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do hereby proclaim
Tuesday, December 13, 2011 as
"COPPELL COWGIRL APPRECIATION DAY"
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to
be affixed this _____ day of December 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
Section 551.072, Texas Government Code - Deliberation regarding Real
Property.
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 5:40 p.m.
1. Call to Order
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, November 8, 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, Deputy City Secretary Chiquita
Taylor 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
CLAY PHILLIPS
City Manager
Tuesday, November 8, 2011 Council Chambers5:30 PM
November 8, 2011City Council Minutes - Final - Draft
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.
Discussed under Executive Session
Mayor Stover adjourned the Executive Session at 6:30 p.m. and opened the Work
Session.
3. Work Session Open to the Public 1st Floor Conference Room
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.
Presented in Work Session
Mayor Stover adjourned the Work Session and opened the Regular Session.
Regular Session Open to the Public 7:30 p.m.
4. Invocation
Councilmember Billy Faught led those present in the Invocation.
5. Pledge of Allegiance
Mayor Stover led those present in the Pledge of Allegiance.
Library Board report to Council presented by Thomas Dwyer. 6.
Read and Filed
Thomas Dwyer, Chair, gave the board’s semi-annual report.
City of Coppell, Texas Page 2
November 8, 2011City Council Minutes - Final - Draft
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.
Mayor Stover read the proclamation for the record and presented the same to Chief
Tristan, Officer Jeff Trautman, Sargeant Cayce Williams, Captain Shawn Fullagar
and Deputy Chief Matt Kosec of the Coppell Police Department and Dr. Paul
Haggan from Coppell ISD.
A motion was made by Councilmember Brianna Hinojosa-Flores, seconded by
Mayor Pro Tem Marsha Tunnell, that this Agenda Item be Approved . The motion
PASSED by an unanimous vote.
7 - 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
Aye:
8. Citizens’ Appearance
Mayor Stover advised that no one signed up to speak.
Consider approval of minutes: October 25, 2011. 9.
A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by
Councilmember Bob Mahalik, that this Agenda Item be Approved. The motion
PASSED by a unanimous vote.
7 - 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
Aye:
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.
Chad Beach, Assistant Finance Director, 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 Ordinance
No. 2011-1294. The motion PASSED by a unanimous vote.
7 - 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
Aye:
City of Coppell, Texas Page 3
November 8, 2011City Council Minutes - Final - Draft
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.
Gary Sieb, Director of Planning, made a presentation to the Council.
A motion was made by Councilmember Billy Faught, seconded by Councilmember
Tim Brancheau, that Ordinance No. 91500-A-571 be Approved . The motion
PASSED by a unanimous vote.
7 - 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
Aye:
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.
Gary Sieb, Director of Planning, 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 Mayor Pro Tem Marsha Tunnell, seconded by
Councilmember Bob Mahalik, to Close the Public Hearing and Approve this item
with the following conditions.
1. Approval of the License for Communications Facilities between the City and
AT&T; and
2. Submission of a locational listingof all AT&T antenna locations in Coppell.
The motion PASSED by a unanimous vote.
7 - 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
Aye:
City of Coppell, Texas Page 4
November 8, 2011City Council Minutes - Final - Draft
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.
Gary Sieb, Director of Planning, made a presentation to the Council.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Tim Brancheau, to Close the Public Hearing and Approve the item
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;
and
3. The patio structure shall not be enclosed.
The motion PASSED by a unanimous vote.
7 - 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
Aye:
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.
Gary Sieb, Director of Planning, 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 Mayor Pro
Tem Marsha Tunnell, to Close the Public Hearing and Approve this item with the
following conditions:
1. Add the Finish Floor Elevation to the Site Plan; and
2. The development of this property shall be in accordance with the Site Plan,
Elevations and Color Board.
The motion PASSED by a unanimous vote.
7 - 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
Aye:
City of Coppell, Texas Page 5
November 8, 2011City Council Minutes - Final - Draft
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.
Ken Griffin, Director of Engineering/Public Works, made a presentation to the
Council.
A motion was made by Councilmember Bob Mahalik, seconded by Councilmember
Marvin Franklin, that this Agenda Item be Approved. The motion PASSED by a
unanimous vote.
7 - 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
Aye:
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.
Ken Griffin, Director of Engineering/Public Works, made a presentation to the
Council.
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 - 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
Aye:
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.
Mindi Hurley, Economic Development Coordinator, made a presentation to the
Council.
A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by
Councilmember Brianna Hinojosa-Flores, that Ordinance No. 2011-1295 be
Approved. The motion PASSED by a unanimous vote.
City of Coppell, Texas Page 6
November 8, 2011City Council Minutes - Final - Draft
7 - 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
Aye:
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.
Mindi Hurley, Economic Development Coordinator, made a presentation to the
Council.
A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by
Councilmember Marvin Franklin, that Resolution No. 2011-1108.1 be Approved. The
motion PASSED by a unanimous vote.
7 - 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
Aye:
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.
Clay Phillips, City Manager, made a presentation to the Council.
A motion was made by Councilmember Tim Brancheau, seconded by
Councilmember Billy Faught, that Resolution No. 2011-1108.2, casting a vote for
Michael Hunt be Approved. The motion PASSED by a unanimous vote.
7 - 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
Aye:
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.
Clay Phillips, City Manager, made a presentation to the Council.
A motion was made by Councilmember Bob Mahalik, seconded by Councilmember
Marvin Franklin, that Resolution No. 2011-1108.3, casting a vote for John Mahalik
be Approved. The motion PASSED by a unanimous vote.
7 - 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
Aye:
City of Coppell, Texas Page 7
November 8, 2011City Council Minutes - Final - Draft
Consider appointments to the City’s Boards/Commissions/Committees. 21.
Mayor Stover read the City's Board/Commissions/Committees appointments into
the record.
ANIMAL SERVICES
2 year Regular - Linda Pate-Ulmer
2 year Alternate - Grace Adamson
BOARD OF ADJUSTMENT
2 year Regular - Donald Pershbacher & John Hirschy
2 year Alternate - Kathie Troy-Rucker & Jeffrey Turner
CONDUCT REVIEW BOARD
2 year Regular - Jonathan Leach, Kathie Troy-Rucker, Shirley Lopez, Ivan Loffler, Laura
Burnett, Cathryn Fraser, Marie Reed, Laurie Kirk, Ernest Smallwood, David Wesley,
David Weekly, Joseph Brown, Shannon Olmstead & Consuelo Rios-Tankersley
COPPELL ECONOMIC DEVELOPMENT
2 year Regular - James Walker, Don Carroll, Monica Diamond & Sue Bird
KEEP COPPELL BEAUTIFUL
2 year Regular -Brandi Todd, Tabitha Wilson, Laura Burnett & Noel Schaefers
2 year Alternate - Carmen Prince & Richard Merrill
KEEP COPPELL YOUTH
1 year Student - Pooja Marella & Annie Friedman
LIBRARY BOARD
2 year Regular - Saul Friedman, Patricia Nicks & Stephen Charters
2 year Alternate - John Boyd
LIBRARY BOARD YOUTH
1 year Student - Sai Panguluri & Sashwat Chaturvedi
PARK BOARD YOUTH
1 year Student - Tina Huang & Shane Gothman
PLANNING & ZONING
2 year Regular - Edmund Haas, Aaron Duncan, Charles Sangerhausen & Craig Pritzlaff
SPECIAL COUNCIL
2 year Regular - Jonathan Leach, Annette Ezzell, Melinda Gilliam, Craig Pritzlaff, Glenn
Portman, Gerald D'Unger & Consuelo Rios-Tankersley
A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by
Councilmember Bob Mahalik, that this Agenda Item be Approved. The motion
PASSED by a unanimous vote.
City of Coppell, Texas Page 8
November 8, 2011City Council Minutes - Final - Draft
7 - 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
Aye:
22. City Manager Reports
City Manager, Clay Phillips, reported that planning continues on the Holiday
Parade which will be December 3rd. Construction on Old Town will bein on
November 14th. The last City Council meeting of the year will be on December
13th. A Special Session meeting will be on November 16th at 7:30 a.m. to Canvass
the Election.
23. Mayor and Council Reports
Report by Mayor Stover regarding Metroplex Mayor’s Meeting. 24.
Read and Filed
City Manager, Clay Phillips, and Deputy City Manager, Mario Canizares attended
the Metroplex Mayor's Meeting. Jeff Fagan, Executive Director of the DFW Airport
gave a presentation.
Council Committee Reports
Council Committee Reports
Carrollton/Farmers Branch ISD/Lewisville ISD - Tunnell.
Coppell ISD - Mahalik and Hinojosa-Flores.
Coppell Seniors - Brancheau and Faught.
Dallas Regional Mobility Coalition -Hunt.
International Council for Local Environmental Initiatives (ICLEI)
-Brancheau
Metrocrest Hospital Authority -Tunnell.
Metrocrest Medical Foundation - Mahalik.
Metrocrest Medical Services - Hinojosa-Flores.
Metrocrest Social Services - Franklin.
North Texas Council of Governments - Tunnell.
North Texas Commission - Hunt.
Senior Adult Services - Franklin.
25.
City of Coppell, Texas Page 9
November 8, 2011City Council Minutes - Final - Draft
Read and Filed
A. Mayor Pro Tem Tunnell reported that Lewisville ISD is having a food drive
called ”Stuff the Pantry” through November 17th to assist CCA in providing
meals to needy families for Thanksgiving. Carrollton/Farmers Branch ISD is
hosting a Movie Night for “The Race to Nowhere” at the Studio Movie Grill on
November 14th.
B. Councilmember Mahalik reported that Coppell ISD Board of Trustees voted to
join the lawsuit against the State of Texas to challenge the current funding
system which was set up by the State in 2006. Congratulations to Coppell
High School, Coppell Middle School East, Coppell Middle School North,
Coppell Middle School West, and Valley Ranch Elementary listed as High
Performing Schools by the National Center for Education Achievement.
Finally, a Character Education and Anti-Bullying seminar will be held at the
Coppell Middle School North Library on November 17th from 6:30-7:30 p.m.
C. Councilmember Faught reported that the Coppell Seniors are having a Craft
Fair on November 12th from 9-12 p.m. Congratulations to the Senior of the
Month, Mr. Tom Garding. Former Mayor, Lou Duggan will be at the Senior
Center on November 14th to discuss the history of Coppell. There will also be
a seminar on the "Behavior and Emotions of Aging" on November 30th, and a
Veteran’s Day come-and-go lunch will be held on November 11th.
D. Councilmember Hunt reported that the Dallas Regional Mobility Coalition is
working on increasing membership and emphasizing the effects of the lack of
funding on transportation in the area.
E. Councilmember Brancheau reported that he and Deputy City Manager, Mario
Canizares attended a meeting in Austin for the State of Texas Alliance for
Recycling. The City of Coppell won the Cis Myers Award for Outstanding
Sustainability Program.
F. Mayor Pro Tem Tunnell reported that Baylor Medical Center at Carrollton is
now a non-profit facility.
G. Nothing to report.
H. Nothing to report.
I. Councilmember Franklin reported that the Financial Management classes
began on October 1st. The GED classes will start in January 2012. The
partnership with Jewish Family Services began in October with a program to
train clients for future employment.
J. Mayor Pro Tem Tunnell reported that a workshop on the Vision North Texas
Regional Summit was held on October 28th to give an update on the progress
of the 2050 plan.
K. Councilmember Hunt reported that the Noth Texas Commission has
announced the appointment of new officers. Holly Reed is the new
Chairwoman and former Fort Worth Mayor, Mike Moncrief is the Vice-Chair.
L. Councilmember Franklin reported that Senior Adult Services is undergoing
branding efforts. They are expecting to provide bus service to the Coppell
area by the end of the year.
City of Coppell, Texas Page 10
November 8, 2011City Council Minutes - Final - Draft
Public Service Announcements concerning items of community interest and
o Council action or deliberation is permitted. n
26.
Mayor Stover announced that on November 11th a Veteran's Day Luncheon will be
held the Senior and Community Center from 11-3p.m. followed by a ceremony at
the Rolling Oaks Memorial Center at 3:00 p.m. Mayor Stover received letters
honoring our veterans from Congressman Kenny Marchant, Senators John Cornyn
and Kay Bailey-Hutcheson.
27. Necessary Action from Executive Session
A motion was made by Mayor Pro Tem Marsha Tunnell to approve a grant
agreement with Coppell Economic Development Foundation Inc. in an amount of
$81,120 for the sole purpose of the final reconstruction of the Kirkland House,
Minyard's Store and restroom facilities, after approval as to form by the City
Attorney, and authorize the City Manager to sign.
Seconded by Councilmember Bob Mahalik, this Item be Approved. The motion
PASSED by a vote of 6-1. Councilmember Tim Brancheau voted against this item.
28. Adjournment
There being no further business to come before the City Council, the meeting was
adjourned.
________________________
Douglas N. Stover, Mayor
______________________________
Chiquita Taylor, Deputy City Secretary
City of Coppell, TexasCity of Coppell, Texas Page 11 Page 12
255 Parkway Boulevard
Coppell, Texas 75019-9478City of Coppell, Texas
Minutes - Final
City Council
7:30 AM Council ChambersWednesday, November 16, 2011
Canvass Election
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
The City Council of the City of Coppell met in a Special Called Session on
Wednesday, November 16, 2011, at 7:30 a.m. in the City Council Chambers
of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following
members were present:
Doug Stover, Mayor
Billy Faught, Councilmember
Karen Hunt, Councilmember
Also present were: City Manager Clay Phillips, Deputy City Manager Mario
Canizares, City Secretary Christel Pettinos and City Attorney Robert
Hager.
Mayor Stover called the meeting to order, deteremined that a quorum was
present pursuant to Section 67.004(a) of the Texas Election Code, and
convened into Special Session.
1. Consider approval of a Resolution to Canvass returns of the November
8, 2011 Sales Tax Election, approval of an order declaring the results of
said election and authorizing the Mayor to sign.
Page 1City of Coppell, Texas
November 16, 2011City Council Minutes - Final
PRESENTATION:
City Attorney Robert Hager read the Canvass of Election into the Record.
ACTION:
Councilmember Hunt moved to approve Resolution No. 2011-1116.1
Canvass returns of the November 8, 2011 Special Election, approval of an
order declaring the results of said election. Councilmember Faught
seconded the motion; the motion carried 2-0 with Councilmembers Faught
and Hunt voting in favor of the motion.
There being no further business to come before the City Council, the
meeting was adjourned.
________________________
Douglas N. Stover, Mayor
ATTEST:
______________________________
Christel Pettinos, City Secretary
Page 2City of Coppell, Texas
CITY COUNCIL AGENDA ITEM
Date: December 13, 2011
To: Mayor and City Council
From: Jerod Anderson, Purchasing Manager
Re: Consider approval of an Ordinance amending Chapter 1, Administration, Article 1-5, “City
Manager,” Section 1-5-6, “Authority to purchase and approve change orders,” Sub-
section (H), by replacing $25,000.00 with $50,000.00
This amendment will make the necessary changes to City of Coppell Code of Ordinances to
comply with state law, specifically Section 252 of Local Government Code. During the 82
Legislative Session, Bill 679 was approved amending Texas Local Government Code to
authorize the governing body of certain local governmental entities to grant authority to an
official or employee responsible for purchasing or administering a contract to approve a change
order that involves an increase or decrease of $50,000 or less. By approving the amendment the
City Manager’s change order signing authority will increase from $25,000 to $50,000.
Therefore, the City Manager will have the authority to approve contracts that increase or
decrease by $50,000 without further council action.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES FOR THE CITY OF
COPPELL BY AMENDING CHAPTER 1, ADMINISTRATION”, ARTICLE
1-5, “CITY MANAGER”, SECTION 1-5-6, “AUTHORITY TO PURCHASE
AND APPROVE CHANGE ORDERS”, SUB-SECTION (H), BY
REPLACING $25,000.00 WITH $50,000.00; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That Chapter 1, “Administration”, of the Code of Ordinances be and the
same is hereby amended by amending Article 1-5, “City Manager”, Section 1-5-6, “Authority to
Purchase and approve change orders”, sub-section (H) by replacing $25,000.00 with $50,000.00,
which shall read as follows:
“CHAPTER 1
ADMINISTRATION
ARTICLE 1-5 “CITY MANAGER”
. . . .
Sec. 1-5-6 Authority to purchase and approve change orders
. . . .
H. The city manager, with the written concurrence of the city engineer,
is authorized to approve change orders on city construction and engineering
contracts without further approval from the city council, so long as the change will
not increase the cost to the city by more than $50,000.00, provided that the original
contract price . . . . .”
SECTION 2. That all provisions of the Code of Ordinances of the City of Coppell, Texas,
in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
52366
2
SECTION 3. That should any word, phrase, paragraph, section or phrase of this ordinance
or of the Code of Ordinances, as amended hereby, be 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 Code of Ordinances as a whole.
SECTION 4. That this ordinance shall take effect immediately from and after its passage
and the publication of the caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2011.
APPROVED:
DOUGLAS N. STOVER, MAYOR
ATTEST:
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/ajh)
TM 52401
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES FOR THE CITY OF
COPPELL BY AMENDING CHAPTER 9, “GENERAL REGULATIONS”,
ARTICLE 9-12, “EMERGENCY ALARM SYSTEMS,” SECTION 9-12-4,
“SERVICE FEES FOR FALSE ALARMS”, BY ESTABLISHING A FEE
FOR FALSE ALARMS; PROVIDING A SAVINGS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That Chapter 9, “General Regulations”, of the Code of Ordinances be and
the same is hereby amended by amending Article 9-12, “Emergency Alarm Systems”, Section 9-12-
4, “Service Fees for False Alarms” by providing establishment of false alarms fees, providing for
the number of false alarms within a twelve (12) month period, repealing the current number of false
alarms within a twelve (12) month period, which shall now read as follows:
“CHAPTER 9
GENERAL REGULATIONS
ARTICLE 9-12 EMERGENCY ALARM SYSTEMS
. . . . .
Sec. 9-12-4. Service Fees for False Alarms
A. If any permit holder has three (3) or more false alarms in the twelve (12)
month period, he shall be assessed a service fee for such false alarms, as
established by resolution of the city council, as follows:
1. if the location has had more than three (3) but fewer than six (6) other
false alarms in the preceding 12-month period;
2. if the location has had more than five (5) but fewer than eight (8) other
false alarms in the preceding 12-month period; or
3. if the location has had eight (8) or more other false alarms in the
preceding 12-month period.
52337
2
B. A permit holder must pay any service fee assessed under the provisions of this
section within 15 days after receipt of notice that it has been assessed by the
director.
C. The city shall maintain a written record of all alarm notifications, including
but not limited to, the following:
1. Name of permit holder;
2. Location of alarm site;
3. Date and time of alarm notification;
4. Name and badge number of the responding police officer or fire
fighter in charge of the response;
5. Weather conditions; and
6. Whether the notification was a false alarm notification.”
SECTION 2. That all provisions of the Code of Ordinances of the City of Coppell, Texas,
in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 3. That should any word, phrase, paragraph, section or phrase of this ordinance
or of the Code of Ordinances, as amended hereby, be 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 Code of Ordinances as a whole.
SECTION 4. That this ordinance shall take effect immediately from and after its passage
and the publication of the caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2011.
52337
3
APPROVED:
DOUG N. STOVER, MAYOR
ATTEST:
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/ajh)
INTERLOCAL AGREEMENT
Region VIII Education Service Center
TEXAS PUBLIC AGENCY
(School, College, University, State, City or County Office)
________________________________________ _________ -________
TEXAS SCHOOL ENTITY OR PUBLIC AGENCY Control Number (TIPS will Assign)
Schools enter County-District Number
Region VIII Education Service Center 225 - 950
Mt. Pleasant, Texas County-District Number
Texas Education Code §8.002 permits regional education service centers, at the direction of the
Commissioner of Education, to provide services to assist school districts, colleges and universities
in improving student performance and increasing the efficiency and effectiveness of school, college
and university operations. Authority for such services is granted under Texas Government Code §§
791.001 et seq as amended. Cooperative Purchasing Services are extended to all Texas State,
City and County Government Agencies.
This Interlocal Agreement (hereinafter the “Agreement”) is effective ____________________ and
shall be automatically renewed unless either party gives sixty (60) days prior written notice of non-
renewal. This Agreement may be terminated without cause by either party upon (60) days prior
written notice, or may also be determined for cause at anytime upon written notice stating the
reason for and effective date of such terminations and after giving the affected party a thirty (30)
day period to cure any breach.
Statement of Services to be Performed:
Region VIII Education Service Center, by this Agreement, agrees to provide cooperative purchasing
services to the above-named public agency through a Program known as the The Interlocal
Purchasing System (TIPS/TAPS) Program.
The purpose of the TIPS/TAPS Program shall be to obtain substantial savings for participating
school entities or public agencies through cooperative purchasing.
Role of the TIPS/TAPS Purchasing Cooperative:
1. Provide for the organizational and administrative structure of the program.
2. Provide staff necessary for efficient operation of the program.
3. Provide marketing of the program to expand membership, number of vendor awarded
contracts and commodity categories.
4. Initiate and implement activities required for competitive bidding and vendor award process
including posting, advertising, collecting proposals, scoring proposals, and award of contracts.
5. Provide members with procedures for ordering, delivery, and billing.
6. Maintain filing system for all bidding procedure requirements.
Page 2 of 3
INTERLOCAL AGREEMENT, continued
Role of the Public Agency:
1. Commitment to participate in the program by an authorized signature on membership forms.
2. Designation of Primary Contact and Technology Contact for agency.
3. Commitment to purchase products and services from TIPS/TAPS Vendors when in the best
interest of the agency.
4. Prepare purchase orders issued to TIPS/TAPS Awarded Vendor and FAX to TIPS/TAPS.
5. Accept shipments of products ordered from Awarded Vendors in accordance with standard
purchasing procedures.
6. Pay Awarded Vendors in a timely manner for all goods and services received.
General Provisions:
The Parties agree to comply fully with all applicable federal, state, and local statutes, ordinances,
rules, and regulations in connection with the programs contemplated under this Agreement. This
Agreement is subject to all applicable present and future valid laws governing such programs.
This Agreement shall be governed by the law of the State of Texas and venue shall be in the county
in which the administrative offices of RESC VIII are located which is Titus County, Texas.
This Agreement contains the entire agreement of the Parties hereto with respect to the matters
covered by its terms, and it may not be modified in any manner without the express written consent
of the Parties.
If any term(s) or provision(s) of this Agreement are held by a court of competent jurisdiction to be
invalid, void, or unenforceable, the remainder of the provisions of this Agreement shall remain in full
force and effect
The Parties to this Agreement expressly acknowledge and agree that all monies paid pursuant to
this Agreement shall be paid from budgeted available funds for the current fiscal year of each such
entity.
Before any party may resort to litigation, any claims, disputes or other matters in question between
the Parties to this Agreement shall be submitted to nonbinding mediation
No Party to this Agreement waives or relinquishes any immunity or defense on behalf of
themselves, their directors, officers, employees, and agents as a result of its execution of this
Agreement and performance of the functions and obligations described herein.
This Agreement may be negotiated and transmitted between the Parties by means of a facsimile
machine and the terms and conditions agreed to are binding upon the Parties.
Authorization:
Region VIII Education Service Center and The Interlocal Purchasing System (TIPS/TAPS) Program
have entered into an Agreement to provide cooperative purchasing opportunities to public agencies.
Page 3 of 3
INTERLOCAL AGREEMENT, continued
This Agreement was approved by the governing boards of the respective parties at meetings that
were posted and held in accordance with the Texas Open Meetings Act, Texas Government Code
ch. 551.
The individuals signing below are authorized to do so by the respective parties to this Agreement.
Public Agency Region VIII Education Service Center
By: ______________________________ By: ______________________________
Authorized Signature Authorized Signature
Title: _______________________________ Title: Executive Director Region VIII ESC
_________________________________ ___________________________________
Date Date
Public Agency Contact Information
_________________________________
Primary Purchasing Person Name
Street Address
City, State Zip
Telephone Number
Fax Number
_____________________________________
Primary Person Email Address
_____________________________________
Technology Person Name
_____________________________________
Technology Person Email Address
Please send two signed original Interlocal Agreements and one copy of Board Resolution (if required) to
TIPS/TAPS, Attn: Kim Thompson, C/O Region VIII Education Service Center, PO Box 1894, Mt. Pleasant, Texas
75456‐1894. Upon execution, a signed original will be returned to the Purchasing Contact listed above.
CITY COUNCIL AGENDA ITEM
Date: December 13, 2011
To: Mayor and City Council
From: Jerod Anderson, Purchasing Manager
Re: Consider approval of an Interlocal Purchasing Agreement between the Region VIII
Education Service Center TIPS/TAPS Program and the City of Coppell
The TIPS/TAPS Program is a cooperative purchasing program similar to Buyboard, US Communities,
and TXMAS. The City of Coppell will be able to purchase various goods and services from established
and future contracts. Texas Education Code §8.002 permits regional education service centers, at the
direction of the Commissioner of Education, to provide services to assist school districts, college, and
universities. In addition, under Texas Government Code §§791.001 et seq as amended. Cooperative
Purchasing Services are extended to all Texas State, City and County Government Agencies. Therefore,
by entering into this agreement the City of Coppell will have another avenue to further provide the best
value on purchases for our citizens.
1 TM52416
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP
OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM PD-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
PROPERTY LOCATED AT 1115 BETHEL SCHOOL COURT, AND
BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”
ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING
FOR THE APPROVAL OF THE EXISTING SITE PLAN, SITE PLAN
WITH PROPOSED COVER, ELEVATIONS AND DETAILS ATTACHED
HERETO AS EXHIBITS “B”, “C” AND “D”; PROVIDING FOR
DEVELOPMENT REGULATIONS; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body
of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to
the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing to
all property owners generally, and to all persons interested and situated in the affected area and in
the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-
201R-TH-2 should be approved, and in the exercise of legislative discretion have concluded that
the Comprehensive Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of
Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore
amended, be and the same is hereby amended by granting a change in zoning from PD-201-TH-2
(Planned Development-201-Townhouse-2) to PD-201R-TH-2 (Planned Development-201
2 TM52416
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 property located at 1115 Bethel
School Court, property described in Exhibit “A” attached hereto and made a part hereof for all
purposes.
SECTION 2. That PD-201R-TH-2 (Planned Development-201-Revised-Townhouse-
2) is hereby approved subject to the following development regulations:
A) Except as amended herein, the property shall be developed in accordance with
Ordinance No. 91500-A-383, which is incorporated herein as set forth in full.
B) The site shall be developed in accordance with the regulations and Exhibits “B”,
”C” and “ D” incorporated in Section 3 of this ordinance.
C) The patio/porch structure shall not obstruct the stormwater drainage on the
Property, or otherwise impede and/or cause an unnatural flow impoundment of
stormwater. The stormwater drainage of such property shall comply with the
stormwater drainage ordinance.
D) The porch structure shall not be enclosed on the eastern, western or northern
elevations.
SECTION 3. That the property shall be developed and used in accordance with the TH-
2 (Townhouse-2) development standards under the Coppell Zoning Ordinance, except as
amended in the development regulations provided herein and as indicated on the Existing Site
Plan, Site Plan with Proposed Porch, and Elevations and Details, attached hereto as Exhibits
“B”, “C” and “D”; and made a part hereof for all purposes, are hereby approved.
3 TM52416
SECTION 4. That the property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore
amended, and as amended herein.
SECTION 5. That the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances except as may be
specifically altered or amended herein.
SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and
effect.
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the part
so decided to 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;
4 TM52416
and each and every day such violation shall continue shall be deemed to constitute a separate
offense.
SECTION 10. That this ordinance shall take effect immediately from and after its
passage and the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day
of ___________________, 2011.
APPROVED:
_____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_____________________________________
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb)
EXHIBIT “A”
LEGAL DESCRIPTION
1115 Bethel School Court
Being all of Lot 1 of the RIVERCHASE TOWNHOUSE ADDITION, being an
Addition to the City of Coppell, Dallas County Texas, according to the Plat
thereof recorded in Volume 2005064, Page 177 of the Map Records of Dallas
County, Texas, together with Certificate of Correction Volume 2005087, Page 1,
Deed Records, Dallas County, Texas
1 TM52418
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 SF-12
(SINGLE FAMILY-12) TO S-1254-SF-12 (SPECIAL USE PERMIT
1254-SINGLE FAMILY-12) TO ALLOW THE CONSTRUCTION OF
A RESIDENCE WITH STUCCO EXTERIOR WHICH EXCEEDS
20%, TO BE LOCATED AT 133 COTTONWOOD DRIVE, AND
BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”
ATTACHED HERETO AND INCORPORATED HEREIN;
PROVIDING FOR THE APPROVAL OF THE SITE PLAN,
ELEVATIONS OF MAIN STRUCTURE AND ELEVATIONS OF
THE PAVILION, ATTACHED HERETO AS EXHIBITS “B”, “C”
AND “D” 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-1254-SF-12 should be approved,
and in the exercise of legislative discretion have concluded that the Comprehensive
Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of
Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as
heretofore amended, be and the same is hereby amended to grant a change in zoning
2 TM52418
from SF-12 (Single Family-12) to S-1254-SF-12 (Special Use Permit 1254- Single
Family-12), to allow the construction of a residence with stucco exterior (as defined
in the code of ordinance) which exceeds twenty percent (20%), to be located at 133
Cottonwood Drive, being more particularly described in Exhibit “A” attached hereto
and made a part hereof for all purposes, subject to special conditions as provided
herein.
SECTION 2. That the Special Use Permit to allow greater than twenty percent
(20%) stucco exterior is hereby approved, subject to the following special conditions:
A) The site shall be developed in accordance with Site Plan, attached hereto as
Exhibit “B”.
B) The percentage of stucco is specifically limited as provided on the
elevations of the Main Structure and the Elevations of the Pavilion as
indicated on Exhibits “C” and “D,” respectively as incorporated in Section
3 of this ordinance.
SECTION 3. That the Site Plan, Elevations of Main Structure and Elevations of
the Pavilion attached hereto as Exhibits “B”, “C” and “D” 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 TM52418
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 TM52418
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])
EXHIBIT “A”
LEGAL DESCRIPTION
133 Cottonwood Drive
Being all of Lot 5R, Block A of the COTTONWOOD ESTATES ADDITION, being
an Addition to the City of Coppell, Dallas County Texas, according to the Plat
thereof recorded in Volume 201100225613 of the Map Records of Dallas County,
Texas.
Date: December 13, 2011
To: Mayor and City Council
From: Mac Tristan, Chief of Police
Reference: Alarm Management Outsource
Background:
The Coppell Police Department has always been responsible for the management of permitting
all commercial and residential alarms as well as tracking and billing for false alarms. The
Department employs one administrative technician that manually keeps track of this function on
a daily basis. This task accounts for almost 70% of her workload.
On October 11, 2011, the City of Coppell issued a Request for Proposal for Alarm Management
to determine the feasibility of outsourcing this task. Two companies responded to the RFP and
staff recommends the selection of PMAM Corporation.
PMAM is locally based (Irving, Texas) and offers a complete, turnkey solution that is 100% web
based and provides instant access to the Police Department, the City, and our residents. PMAM
interfaces with our police data files for alarm permits and alarm calls. This enables them to get
immediate updated information on all alarm calls. The level of interface is dictated by our own
city security policies and law enforcement protocols.
PMAM has a fully staffed, fully automated billing system and false alarm management system.
They also have a fully staffed customer service team assigned to Coppell that can respond to our
residents questions or concerns. PMAM will also provide a link to their website from the City’s
site that will look almost identical to that of the City of Coppell.
Currently, the City averages $35,000.00 per year in alarm related fees. In the majority of the
cities with PMAM alarm management, revenues have increased due to the ability to
automatically identify the false alarm threshold, locations with no alarm permits, and automated
billing.
Costs:
There is no startup cost for the City. PMAM and the City share the alarm revenues with 72% to
the City and 28% to PMAM.
Staff Recommendation:
We believe this move will provide better service to our citizens as well as increase efficiencies to
the Police Department and the City. Staff recommends the City Council authorize the City
Manager to sign a services agreement with PMAM Corporation for an Alarm Management
System.
Services Agreement for
Alarm Management
1
CONTRACT FOR ALARM PROGRAM
ADMINISTRATION AND COLLECTION SERVICES
This contract (hereinafter "Agreement") is made and entered into by and between
PMAM Corporation, a Texas Corporation whose address is 105 Decker Court #675,
Irving, Texas 75062, (hereinafter referred to as "Contractor") and the City of Coppell,
Texas, hereinafter referred to as "City" to be effective upon approval and subsequent
execution by the Coppell City Manager or designee.
Recitals
WHEREAS, the City desires to engage the services of Contractor to provide
installation, conversion, operation and service of a False Alarm Management Program
including the collection services in accordance with the City's alarm ordinances; and
NOW THEREFORE, in exchange for the mutual covenants set forth herein and
other valuable consideration, the sufficiency and receipt of which are hereby
acknowledged, the parties agree as follows:
Article 1
Scope of Services
1.1 The parties agree that Contractor shall perform such services in accordance with
the terms and conditions of the City's alarm ordinance and Contractor's Proposal
in response thereto, (hereinafter "Contractor's Proposal"), a copy of which is
attached hereto and incorporated herein for all purposes as Exhibit "A". The
parties' agreement consists of the following items referred to as the "Agreement
Documents":
Agreement by and between the City and PMAM Corporation
Contractor's Proposal - Exhibit A
Pricing and Receipt of Collections - Exhibit B
In the event there exists a conflict in interpretation, the documents shall control in
the order listed above or as further modified by agreement by the parties as a
result of software implemented and deployed by the parties.
Article 2
Terms of Agreement
2.1 The initial term of this Agreement shall be for a period of three (3) calendar
years. The City reserves the option of extending the Agreement(s) as an
automatic renewal on an annual basis for additional one (1) year terms. If written
notice from the City to the Contractor terminating further services is not received
by the Contractor at least sixty (60) days prior to expiration of the Agreement, this
Agreement shall be automatically renewed for a period of one (1) year on the
Services Agreement for
Alarm Management
2
same terms and conditions as set forth in the Agreement.
2.2 Contractor shall receive compensation, including authorized reimbursements, for
all Services rendered under this Agreement at the rates set forth in pricing
included in this contract as Exhibit "B" The compensation is based on a revenue
sharing model.
2.3 At any time during the term of this Agreement, the City may request that
Contractor perform Special Services as laid out in the Request for Purchase
(RFP) for Alarm Management, RFP #0110. As used herein, special services
means any work which is determined by the City to be necessary for this
contract, but which the parties did not reasonably anticipate would be necessary
at the execution of this Agreement. Contractor shall undertake such special
services after receiving the authorization from the City, and shall submit the
itemized invoices with net fifteen (15) days payment terms to: City of Coppell
Finance Department 255 Parkway Blvd., Coppell, TX 75019.
Article 3
Contractor Responsibilities
3.1 Contractor agrees to and shall defend, indemnify and hold harmless the City, its
officers, employees, agents and volunteers from and against all claims, damages,
losses and expenses, including attorney's fees, litigation costs and expenses,
arising out of the performance of the work described herein, caused in whole or in
part by any negligent act or omission of Contractor, any subcontractor of
Contractor, anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable, except where caused by the sole
negligence or willful misconduct of the City. Lack of insurance coverage does not
negate Contractor's obligation under this paragraph of this Agreement.
3.2 At all times during the term of this Agreement, Contractor shall be an
independent contractor and shall not be an employee of the City. The City shall
have the right to control Contactor only insofar as the results of Contractor's
services rendered pursuant to this Agreement. The City shall not have the right to
control the means by which Contractor accomplishes services rendered pursuant
to this Agreement.
Article 4
The City’s Responsibility
4.1 The City shall cooperate with and assist Contractor by, among other things,
making available, as reasonably requested by Contractor, management
decisions, personnel, information, approvals, IT assistance and acceptance that
are needed by the Contractor to carry out its obligation under this agreement.
Article 5
Insurance Requirements
Services Agreement for
Alarm Management
3
5.1 Contractor shall, at its own expense, purchase, maintain and keep in force during
the term of this contract such insurance as set forth below. Contractor shall not
commence work under this contract until it has obtained all the insurance
required under this contract and such insurance has been approved by the City,
nor shall Contractor allow any subcontractor to commence work on its
subcontract until all similar insurance of the subcontractor has been obtained and
approved. The insurance requirements shall remain in effect throughout the term
of this contract. Contractor, at Contractor's sole cost, shall purchase and
maintain, during the term of this Agreement, insurance coverage providing not
less than the following:
5.1.1 Comprehensive or Commercial General Liability: $500,000 combined
single limit per occurrence for bodily injury, personal injury or death and
property damage. The coverage's under this policy shall include those
found in the Comprehensive General Liability Broad Form endorsement.
This policy shall have no standard coverage removed by exclusions.
5.1.2 Automobile Liability: $500,000 combined single limit per accident for bodily
injury and property damage. Coverage should be provided as a "Code 1,"
any auto.
5.1.3 Workers' Compensation and Employers' Liability: Statutory. Employers
Liability policy limits of $100,000 for each accident, $500,000 policy limit-
Disease. The insurer shall agree to waive all rights of subrogation against
the City, its officials, employees and volunteers for losses arising from the
activities under this contract.
5. 2 All insurance policies, other than Professional Liability, provided under this
contract shall be written on an "occurrence" basis.
5.3 The City shall be named as additional insured on the General Liability and
Automobile Liability insurance policies. These insurance policies shall contain
the appropriate additional insured endorsement signed by a person authorized
by that insurer to bind coverage on its behalf. If Contractor, for any reason, fails
to maintain insurance coverage which is required under this agreement, the
failure shall be deemed a material breach of contract. The City, at its sole
option, may terminate this agreement.
5.4 Each insurance policy shall be endorsed to state that coverage shall not be
canceled, reduced in coverage or in limits except after thirty (30) days prior
written notice has been provided to the City, or in the event of cancellation
because of nonpayment of premium, that the insurer shall give written notice to
the City not later than ten (10) days following cancellation,
5.4 Insurance is to be placed with insurers with a Best rating of no less than A:VII.
Insurers must be duly authorized to transact business in the State of Texas.
5.5 Certificates of Insurance shall be submitted on the Acord form only. Certificates
Services Agreement for
Alarm Management
4
and endorsements effecting coverage required by this clause shall be forwarded
to: Purchasing Manager, City of Coppell, 255 Parkway Blvd, Coppell, TX.
75019.
5.6 Upon written request of the City, Contractor shall provide to the City
certified copies of all required insurance policies.
Article 6
Termination of Agreement
6.1 Grounds for Termination
6.1.1 The City shall inform in writing to Contractor, if Contractor fails to perform
its duties under this agreement with a ninety (90) days window to correct
the problem. Contractor shall remedy the problem within ninety (90) days
from the receipt of such notices. Should Contractor fail to remedy the
problem within ninety (90) days, the City may terminate this agreement.
6.1.2 The City may terminate this agreement any time after the first twelve (12)
months by giving ninety (90) days written notice to Contractor. The City
shall pay all that is payable under this agreement to Contractor until the
day Contractor stops providing services under this agreement.
6.1.3 Contractor's Fee Schedule and pricing for any and all Services to be
provided by Contractor to the City under this Agreement have been set,
established and agreed to be based upon the current provisions of
applicable City ordinances relating to alarms. Should said ordinances
change at any time during the term of this Agreement to reduce the
applicable fee, fines and charges, then the Contractor reserves the
express right to enter into good faith negotiations with the City to modify
the Fee Schedule and pricing accordingly. If, within thirty (30) days of
notice from Contractor to the City of its desire to so renegotiate, the parties
are unable to reach an agreement mutually acceptable to both parties,
then Contractor reserves the right to terminate this Agreement. Said
termination shall not be deemed to be a default by Contractor under this
Agreement, Contractor shall be paid all fees and costs due and owing
Contractor as of the date of said termination.
6.2 Effect of Termination
6.2.1 If this Agreement is terminated as provided herein, the City may require
Contractor to provide all finished and/or unfinished data and other
information of any kind possessed by Contractor in connection with the
performance of Services under this Agreement. Contractor shall be
required to provide such information within thirty (30) days of the request.
Specifically, in the event the City shall terminate this Agreement:
6.2.1a All data relating to alarm permits shall be owned by the City.
Services Agreement for
Alarm Management
5
Upon termination of this agreement, Contractor shall deliver to
the City all data in MS-SQL format.
6.2.1b. Contractor retains all right and title to the Application software,
including but not limited to, all publication rights, all development
rights, all reproductions rights, and all rights that may follow from
the commercial development of the software. The City does not
acquire any ownership rights to the Application software. The
Software is protected in favor of PMAM, as well as any future
registered trademarks, are trademarks of PMAM.
6.2.1c. The proprietary software is considered loaned to the City during
the duration of this agreement as laid out in this contract and the
City will not have any access to PMAM's proprietary software
after the conclusion of the contract.
Article 7
Confidentiality of City Information
7.1 At all times, the Contractor shall recognize the City's sole and exclusive
ownership of all documents and information provided by the City or generated by
Contractor, based on information provided by the City relating to the basic and
special services, and the sole and exclusive right and jurisdiction of the City to
control the use of this information.
7.2 The Contractor agrees that neither it, or its employees, subsidiaries,
subcontractors, agents, or parent company shall disclose confidential
information, to any person or to anyone except as necessary to perform the
basic and special services under this agreement, without the expressed written
permission of the City or unless required to do so by law.
7.3 PMAM further undertakes that PMAM hosts and maintains all FAMS citizen data
on servers located and secured in the United States, and said data will not be
shared or released outside the United States. All of FAMS Citizen Service
Representatives are located in our offices in Irving, Texas, and Houston, Texas.
7.4 The Contractor shall further agree that in the event that any documents
containing confidential information should be improperly used or be removed in
any way from the possession or control of the Contractor or by anyone except
the City or authorized representatives, the Contractor shall immediately notify
the City orally and in writing, and shall join with the City at their request in taking
such reasonable steps as the City may deem advisable to enjoin the misuse and
regain possession of such confidential information, or steps otherwise necessary
for the protection of the City's rights and the confidentiality of the information.
7.5 The Contractor agrees to return any and all data furnished and information
derived hereunder promptly upon a request by the City and its authorized
Services Agreement for
Alarm Management
6
designee.
Article 8
General Provisions
8.1 This Agreement and its attachments constitute the sole and only agreement
between the parties and supersede any prior understandings written or oral
agreements between the parties with respect to this subject matter.
8.2 PMAM may not assign this Agreement without the prior written consent of the
City. In the event of an assignment by PMAM to which the City has consented,
the assignee shall agree in writing with the City to personally assume, perform,
and be bound by all the covenants, and obligations contained in this Agreement.
8.3 Subject to the provisions regarding 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 assigns.
8.4 This Agreement shall be governed by the laws of the State of Texas; and venue
for any action concerning this Agreement shall be in Dallas County, Texas.
8.5 This Agreement may be amended by the mutual written agreement of the parties.
8.6 In the event any one or more of the provisions contained in this Agreement shall
for any reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not effect any other provisions, and
the Agreement shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained in it.
8.7 Any notice required or permitted to be delivered hereunder may be sent by first
class mail or overnight courier to the address specified below, or to such other
party or address as either party may designate in writing, and shall be deemed
received three (3) days after delivery set forth herein:
City: City of Coppell
255 Parkway Blvd.
Coppell, TX 75019
Contractor: PMAM Corporation
105 Decker Court #675
Irving, Texas 75062
8.8 This Agreement may be signed in counterparts, each of which shall
constitute an original.
Services Agreement for
Alarm Management
7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
___________ day of __________________ in the year ___________.
City of Coppell PMAM Corporation
By: ________________________________ By: __________________________
Mayor/City Mgr/ or authorized Pankaj Kumar, CEO
Attest: Attest:
By: ________________________________ By: ___________________________
Name: ______________________________ Name: _________________________
Title: _______________________________ Title: __________________________
Approved as to Form:
By: _____________________________________
Name: _____________________________________
Title: _____________________________________
Services Agreement for
Alarm Management
8
Exhibit A
Scope of Work and Contract Requirements
Scope of Work:
It will be the Contractor's responsibility to provide, install, and operate the Professional
Services Alarm Management Services Program based on a "False Alarm Management
Solution" system hereafter referred to as a FAMS system and all other necessary
equipment and services on a "software as a service" basis. The Contractor shall
develop FAMS system interface to upload data from the City’s Police Department's (PD)
Record Management System (RMS) and Geographical Interface System (GIS) Systems
as an integral part of maintaining compliance with the alarm ordinance. The Contractor
shall accurately convert all pertinent data downloaded from the City’s current primary
alarm and accounts/receivable databases to populate the FAMS system. Effective
interfaces shall ensure that all parties share and benefit from the most current and
accurate information and do not cause any disruption to the City and PD’s operations.
Contractor shall provide appropriate supplies and services including but not limited to;
1. Single point of contact and daily resident assistance
2. Maintenance of databases:
a. Alarm permits
b. Permit Holders
c. Permit Holders with outstanding charges
d. Non-permitted locations with outstanding charges
e. Address verification database
f. Provide real-time and tape transfer between FAMS and PD RMS system
3. Collection of payments in accordance with the rates established by the alarm
ordinance
4. Performance of all the billing in accordance with the City’s alarm ordinance, as
may be amended from time to time by the City
5. Generation of the following reports including but not limited to:
a. New alarm permits issued and fees collected
b. Annual permit renewals billed and fees collected
c. Permits inactivated or revoked and reason for inactivation or revocation
d. Permits reinstated and reason for reinstatement
e. Number of false burglar alarms
f. Number of false burglar alarms billed and fees collected
Services Agreement for
Alarm Management
9
g. Number of false robbery alarms
h. Number of false robbery alarms billed and fees collected
i. Number of reinstatement fees billed and fees collected
j. False burglary and/or robbery alarms for permit owners
k. False burglary and/or robbery alarms for non permitted owners
I. Suspension or revocation Report for permit holders as per ordinance, if
applicable
6. System functionality to maintain the following critical dates:
a. Original permit issue date
b. Annual permit renewal date
c. Permit suspension date, if applicable
d. Permit reinstatement date, if applicable
e. Start date for new twelve (12) month period upon reinstatement of permit
revoked for excessive alarms if applicable.
f. Date and address of each false alarm.
7. System functionality to identify:
a. Permit holder
b. Non-permitted location
8. System functionality to capture the following information:
a. Permit number
b. Permit issue date
c. Permit expiration date
d. Permit type (residential / commercial)
e. Name of business or residential permit holder
f. Site
1) Street address and zip code of property
2) Type of property (residential / commercial)
3) Telephone numbers
4) Contact persons (minimum of 2) and phone number(s)
5) Type of alarm system installed (burglary, panic, robbery)
g. Billing
1) Name
2) Full mailing address (includes zip code)
3) Contact person and phone number(s)
h. Permit Holder Responsible for Alarm
1) Name
Services Agreement for
Alarm Management
10
2) Complete mailing address
3) Phone numbers
i. Name and telephone number of alarm monitoring company
j. Name and telephone number of company that installed the alarm system
k. Special Medical Concerns
l. Pet Information
9. System functionality to perform address validation against PD RMS database
10. System functionality to maintain an alarm company master file, which includes:
a. Assigned alarm company code number
b. Name, address, and telephone number of alarm company
c. Alarm company Manager's name and telephone number
11. System functionality to automatically generate a permit number
12. System functionality to generate renewal notices and second renewal notices
automatically within specified periods
13. System functionality to generate revocation notices based upon the City
ordinance
14. System functionality to generate notices to alarm users without permits
15. System functionality to generate notices to permit holders with one false robbery
or other manually activated alarm within a twelve (12) month period
16. System functionality to maintain historical information on permit issuance
renewal, revocation and reinstatement on each property
17. System functionality to maintain current permit status information
18. System functionality to maintain incident count (true/false alarms) information on
each permit
19. System functionality to perform search by permit holder and business name
20. System functionality to print permits
21. System functionality to interface with PD RMS system as follows:
a. Transfer on line and/or via tape a skeleton version of entire registration
database from FAMS system to RMS including the following:
1) Permit number (or non-permitted identifier)
2) Name of permit holder
3) Location of permit holder
4) Permit status
5) Expiration date
6) Last false alarm incident date and time
Services Agreement for
Alarm Management
11
7) Alarm type (i.e., burglar, panic, etc.)
8) False alarm incident count
b. Transfer on line and/or via tape incident records from RMS to FAMS
including:
1) Incident number
2) Priority
3) Call code
4) Disposition
5) Date
6) Time:
(a) Received
(b) Dispatched
(c) Arrived
(d) Cleared
7) Remarks
8) Site name and address
9) Reportee name, address, phone number
10) Dispatcher- employee number and terminal
11) Phone clerk - employee number and terminal
12) Cleared code and disposition (true/false)
13) Officer number
14) Unit(s) assigned
22. System functionality to make adjustments and/or corrections on fees at the
request of the City.
23. System functionality to make adjustments/corrections on fees relating to
accounting errors.
24. System functionality to generate incidents manually for a permit holder/non-
permitted holder
25. System functionality to issue notice to permit holders with excessive false
alarms.
26. System functionality to issue notice to non-permitted holders with false alarms.
27. System functionality to accept/establish temporary account numbers for non-
permitted holders who have incurred false alarm charges.
28. System functionality to transfer a temporary account number charges to a
permanent account permit number.
29. System functionality to maintain a table of fees in accordance with the City
alarm ordinance.
30. System functionality to generate renewal notices and second notices for active
permits.
31. System functionality to determine false alarm charges based on the City
alarm ordinance.
Services Agreement for
Alarm Management
12
Collection requirements and provisions:
PMAM will design, implement and maintain a system to serve as the billing and
collections agent and accounts receivable (A/R) manager for the City Alarm Program
Administration and Collection Service. The Contractor will provide all hardware,
software, materials, supplies, space, and staff resources as required. The system will
meet the following collection specifications:
1. Bill format will provide stub or appropriate remittance form to accompany
payment
2. Bill format, permit forms, envelopes and related correspondence will
identify the location of a Contractor staffed and maintained office so the
customer may have the ability to obtain direct answers to questions about
their bills and related false alarm system information
3. Bill content and other correspondence will provide instructions directing the
customer to call a Contractor maintained and staffed phone number to answer
questions about billing, bill status, and other false alarm system matters.
Questions concerning the validity of any response or action taken by an
employee(s) of PD regarding a specified alarm call will be directed to a
representative of the police department
4. All bills, correspondence and related matters will be approved by the City
5. Bills will be due in time lines specified in the ordinance and or rules and
regulations as appropriate
6. Records of bills will be retained by Contractor to apply to Account Receivable
system (A/R) to be maintained by Contractor
7. Contractor will develop an A/R file, which the City will have access to review at
any time
8. System functionality for the City to print a bill for customers wishing to make
payments at the walk in cashier location(s) of the City and to provide on-line
information to the Contractor regarding such payments so that Contractor can
maintain A/R file
9. Contractor will provide the ability for customer to pay on-line, by mail and via
walk-in cashier
10. Payments made by mail will be directed to a P.O. Box address in Irving, Texas
maintained and managed by the Contractor
11. Contractor system will track NSF or insufficient fund check occurrences and
occurrences where customer stop payments have been ordered.
12. Contractor will provide system for billing the customer for the appropriate NSF
or insufficient fund check fee charges and charges for stop payment situations
13. When applicable, the billing and A/R system will be integrated with the appeals
hearing functions to be developed by the Contractor in order to provide for
integration of abatements, appeals hearing results and other appeals process
adjustment to the A/R system
Services Agreement for
Alarm Management
13
14. Within thirty (30) days of termination, or at the end of the contract period, the
City will in writing request to the Contractor; and the Contractor will then turn
over to the City; all records, files, database and related project information and
materials
15. System functionality to generate billing for alarm charges which includes the
following information:
a. Summary information:
1) Previous / past due amounts
2) New charges
3) Payments
4) Adjustments
5) New balance due
b. Detail information
1) Type of incident
2) Date
3) Time incident received
4) Reason / description of incident
5) Charge if applicable
16. System functionality to show all incidents and their associated charges
during the current billing period
17. System functionality to provide itemized balance forward capabilities on billings
18. System functionality to generate the following reports:
a. Exception listing of permitted/non-permitted, which have exceeded
established limitations. (i.e., false alarm limits)
b. Listing of permits by
1) Alarm company
2) Permit number
3) Site address
4) Business / Owner name
5) Police district
c. Listing of permit counts in all categories
d. Listing of outstanding charges (i.e., term expiration, false alarm frequency
fees reinstatement fees)
e. Monthly Alarm company roster
f. An incident exception report generated during daily incident update process
from RMS (i.e., missing or incomplete information)
g. Daily activity reports including
1) New permits
2) Renewal notices
3) Second notices
4) Account billings
5) False Alarm Incidents processed
Services Agreement for
Alarm Management
14
Processing:
The Contractor shall provide the services covered under this agreement and Scope
from its offices in Irving, Texas and make available hardware and software and services
necessary to establish and provide the Alarm Program Administration and Collection
Service. The computer system shall produce various notices including violations (finable
and not finable), and maintain appropriate data required.
Contractor personnel shall perform all work under this agreement and supply
appropriate supplies and services.
Contractor's Obligation:
In addition to the above, the Contractor shall:
1. Maintain the proposed equipment, hardware, and software, documentation,
and support services for the equipment installed, including the timely
incorporation of all engineering changes
2. Ensure that all components of the system, which might be capable of corruption
by virus, are virus-free and that industry proven protection mechanisms are
provided
3. Supply the City with an interface document describing the type, size, location,
and medium of transfer from the City RMS
4. Defer to the City regarding the waiver of any false alarm fee incurred where there
is question about the validity of any response or action taken by an employee(s)
of the City regarding a specified alarm call
5. Send letter of violation of the City ordinance to alarm users without permits
6. In addition, the Contractor shall keep records as listed below:
a. Total violations per location by hour of day, day of week, week of month,
month of year, or year
b. Total payments received by day of week, week of month, month of year, or
year
c. Total number and dollar amount of delinquent offenders by category, both
for nonpayment and no permits
d. List of delinquent offenders by category, both for nonpayment and no
permits
e. Statistical report of billing and collection by fee type
f. Statistical report of billing and collections by permit number
g. Statistical report of violation activity by permit number and disposition
h. Statistical report of revenue collected or billed by type (fine, late fee).
Services Agreement for
Alarm Management
15
i. List of outstanding fees owed (not delinquent)
j. Total collections by payment date and incident or permit number.
k. Number and list pursuing appeals process through Alarm Review
Board/Appeals process at PD
I. Disposition of all appeals actions
m. Number and list for not finable violations by exception code
7. When possible, reports shall be produced based on the entry of variable
parameters. Threshold fields shall allow a specific date range or other criteria.
When possible, all report searches, shall allow for multiple parameters
8. Contact Tracking: The software shall allow personnel to record information
obtained as the result of telephone calls or other communication, regarding a
violation, permit status or informational change made to permit. This information
shall be attached to the violation and/or permit data as a contact history file. This
attached file shall record relevant data and include:
1) Date and time of contact
2) Contact's (caller) name
3) Brief comments
Training
1. The Contractor shall provide training for the City and Police Department
employees. Training shall be conducted in several sessions on an as needed
basis
System Coordination
1. The Contractor shall coordinate with the City’s Finance Department, Information
Services and the Police Department to develop a system that will allow walk-in
payments under the contract
2. The Contractor shall provide during the life of the contract on-going computer
hardware, software support and maintenance to ensure uninterrupted operation.
In the unlikely event of interruption, Contractor will make best efforts to restore
service within seventy-two (72) hours
3. The Contractor under this agreement shall establish and provide public
education, awareness and information regarding the City Professional Services
Alarm Management Program
Services Agreement for
Alarm Management
16
Exhibit "B"
Pricing and Receipt of Collections
This is a revenue sharing contract. The Contractor shall retain the percentages listed in
the table below of all collections and remit the percentage balance listed in the table
below to the City for the total of the actual revenues generated and collected for the City
during the life of this contract including all adjustments for:
a. Alarm permit and renewal fees;
b. False alarms violation fee above a mandated limit;
c. Reinstatement fees;
d. Late fee for false alarms, permit fees and renewal fees
e. Other charges imposed by the City in relation to the City’s Alarm
Program Management and Collection Services except for criminal
penalties.
City Percentage PMAM Percentage
72% 28%
The City of Coppell and PMAM shall share the revenue generated from fees, fines, and
penalties as described above, with the exception of postage, to be paid by the City. By
deploying the technologies as stated in the RFP response, we expect to minimize the
postage expense to pre-sort rates ($0.33 to $0.35) wherever possible.
1
MEMORANDUM
TO: Mayor and City Council
VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
FROM: Mark W. Brochtrup, Fleet Services Manager
DATE: December 13, 2011
RE: Consider approval of the procurement of replacement vehicles
through an Interlocal Agreement with Buyboard Contract #358-10; as
budgeted; and authorizing the City Manager to sign and execute any
necessary documents.
Fiscal Year 2011-12 allows for the replacement of vehicles in several departments
throughout the City and Fleet Services has worked closely with the affected departments
to identify their needs. Together we have chosen the proper vehicle platform for each
replacement that will not only meet the needs of these departments but also Fleet
Services’ goals to right-size the fleet, reduce fuel consumption, reduce emissions and
lower our operating costs.
In Building Inspections we are replacing two 1998 year-model full-size Chevrolet pick-
up trucks with two mid-sized Toyota pick-up trucks for a total amount of $41,174.00. In
the Engineering Department, we are replacing one 1999 year-model Chevrolet full-size
SUV with a Ford Explorer SUV in the amount of $24,816.75. In the Police Department,
we are replacing two 2004 Honda Civic Hybrid sedans with two Ford Fusion Hybrid
Sedans for a total amount of $53,667.50. And in Water Billing, we are replacing one
2000 year-model full-size Chevrolet pick-up truck with one mid-sized Toyota pick-up
truck in the amount $20,587.00. We will purchase these vehicles through an Interlocal
Agreement with Buyboard Contract No. 358-10 and a $400.00 fee will be assessed per
purchase order as part of the Buyboard Administrative Fee. The total price for all
vehicles will be $141,445.25.
Each of these replacements will meet or exceed the requirements in our Clean Fleet
Ordinance and each is under the budgeted amount for replacement. Fleet Services
recommends the procurement of theses vehicles and respectfully requests your approval
to proceed.
End User:Philpott Rep:
Contact:Phone/email:
Phone/email:Date:
Product Description:
A.Bid Series:80 12,902.00$
B.Published Options [Itemize each below]
Code Bid Price Code Bid Price
P0G STD PURCHASE
STD ORDERS
STD
STD 12P 80.00$
STD
STD
STD
STD
STD NOTE
POL 12,955.00$ NOTE
NOTE
13,035.00$
C.Unpublished Options [Itemize each below, not to exceed 25%]$=0.0 %
Bid Price Bid Price
-$
D.Pre-delivery Inspection:80.00$
E.Texas State Inspection:21.75$
F.Manufacturer Destination/Delivery:795.00$
G.Floor Plan Interest (for in-stock and/or equipped vehicles):
H Lot Insurance (for in-stock and/or equipped vehicles):
I.Contract Price Adjustment:
J.Additional Delivery Charge:0 miles -$
K.Subtotal:26,833.75$
L.Quantity Ordered 2 x K =53,667.50$
M.Trade in:
N.400.00$
O.TOTAL PURCHASE PRICE INCLUDING BUYBOARD FEE 54,067.50$
BUYBOARD Administrative Fee ($400 per purchase order)
HYBRID UPGRADE WITH
ALUMINUM WHEELS 2012 MODEL
AM-FM CD
TILT/CRUISE
ESTIMATED DELIVERY IN
Options
Total of B. Published Options:
Options
Total of C. Unpublished Options:
CARPET
CLOTH SEATS (5 PASSENGER)
AUTOMATIC TRANS
888 858-7801 awiley0845@aol.com
Tuesday, September 27, 2011972 462-5175 mbrocht@coppelltx.gov
90 days
Options
2011 S MODEL 4-DOOR SEDAN
PRODUCT PRICING SUMMARY BASED ON CONTRACT
A. Base Price:
ORDER TO 254 865-9118
MARK BROCHTRUP
BUYBOARD #358-10
Vehicles and Heavy Duty Trucks
CITY OF COPPELL
2.5L 4 CYLINDER
MANUAL TRANSMISSION
FORD FUSION
ALAN WILEY
FRONT AND REAR FLOOR MATSA/C AND HEAT
PLEASE FAX YOUR PURCHASE
Options
End User:Philpott Rep:
Contact:Date:27-Sep-11
Product Description:
A.Bid Series:205 16,221.00$
B.Published Options [Itemize each below]
Code Bid Price Code Bid Price
INCL
INCL
INCL
INCL
7162 4,366.00$
INCL
INCL
INCL
INCL
INCL WHITE
INCL NOTE
NOTE
4,366.00$
C.Unpublished Options [Itemize each below, not to exceed 25%]$=0.0 %
Bid Price Bid Price
-$
D.Contract Price Adjustment:
E.Delivery Charges:0 miles @ $.93/mile -$
F.Total of A + B + C + D + E = F 20,587.00$
G.Quantity Ordered 3 x F =61,761.00$
H.BUYBOARD Administrative Fee $400.00 PER PURCHASE ORDER 400.00$
I.Non-Equip Charges & Credits
J.TOTAL PURCHASE PRICE INCLUDING BUYBOARD FEE 62,161.00$
CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT
A. Base Price:
A/C AND HEAT
4 CYLINDER AUTOMATIC
MARK BROCHTRUP
DELIVERY
Options
REGULAR CAB
4-CYLINDER
MANUAL TRANSMISSION
Options
Total of C. Unpublished Options:
Total of B. Published Options:
Options
VEHICLES
BUYBOARD #358-10
CITY OF COPPELL
TOYOTA TACOMA PICKUP
ALAN WILEY
Options
ABS BRAKES
CLOTH SEATS
POWER WINDOWS-LOCKS WHITE EXTERIOR
ESTIMATED DELIVERY IN
90 DAYS
2012 PRE-RUNNER DOUBLE CAB
AM-FM CD
End User:Philpott Rep:
Contact:Phone/email:
Phone/email:Date:
Product Description:
A.Bid Series:87 23,179.00$
B.Published Options [Itemize each below]
Code Bid Price Code Bid Price
STD NOTE
STD NOTE
STD
STD
STD
STD
STD
STD
STD
K8B 1,536.00$
1,536.00$
C.Unpublished Options [Itemize each below, not to exceed 25%]$=0.0 %
Bid Price Bid Price
-$
D.Pre-delivery Inspection:80.00$
E.Texas State Inspection:21.75$
F.Manufacturer Destination/Delivery:
G.Floor Plan Interest (for in-stock and/or equipped vehicles):
H Lot Insurance (for in-stock and/or equipped vehicles):
I.Contract Price Adjustment:
J.Additional Delivery Charge:0 miles -$
K.Subtotal:24,816.75$
L.Quantity Ordered 1 x K =24,816.75$
M.Trade in:
N.400.00$
O.TOTAL PURCHASE PRICE INCLUDING BUYBOARD FEE 25,216.75$
BUYBOARD Administrative Fee ($400 per purchase order)
4X4 UPGRADE
POWER DRIVERS SEAT
TILT/CRUISE
ADVANCE TRAC
Options
Total of B. Published Options:
Options
Total of C. Unpublished Options:
A/C AND HEAT
AM-FM CD
888 858-7801 awiley0845@aol.com
Tuesday, September 27, 2011972 462-5175 mbrocht@coppelltx.gov
Options
3.5L V6 AUTOMATIC
PRODUCT PRICING SUMMARY BASED ON CONTRACT
A. Base Price:
2012 MODEL IN 90 DAYS
MARK BROCHTRUP
BUYBOARD #358-10
Vehicles and Heavy Duty Trucks
CITY OF COPPELL
POWER WINDOWS-LOCKS
POWER MIRRORS
FORD EXPLORER
ALAN WILEY
7 PASSENGER SEATING
ESTIMATED DELIVERY OF A
Options
MEMORANDUM
TO: Mayor and City Council
VIA: Ken Griffin, Director of Engineering/Public Works
FROM: Glenn D. Hollowell, P.E., Assistant Director of Public Works
DATE: December 13, 2011
REF: Consider approval of awarding Bid # Q-1111-01 “Water/Wastewater System
Materials” to MSC Waterworks in the amount of $54,534.50 as budgeted; and
authorizing the City Manager to sign and execute any necessary documents.
On Tuesday, November 22, 2011, the City received three bids for the annual Water/Wastewater
System Materials contract. The bid includes materials used to perform any type of repair on
existing water mains and sanitary sewer lines. We received bids from MSC Waterworks, ACT Pipe
& Supply and Municipal Water Works Supply LP. We are recommending that the contract be
awarded to the low bidder, MSC Waterworks of Balch Springs in the amount of $54,534.50.
If you have any questions or concerns about this award, do not hesitate to contact me.
Item # ItemQty Unit Prod Code Price Total Notes Prod CodePrice Total Notes Prod CodePrice Total NotesQ-1111-01-01-01 3/4" Type K Soft Copper 100 foot 4.93 493 3.78 378 4.51 451Q-1111-01-01-02 1" same200 foot 6.4 1280 5.25 1050 6.73 1346Q-1111-01-01-03 1 1/2" same40 foot 10.7 428 8.25 330 12.41 496.4Q-1111-01-01-04 2" same40 foot 17.98 719.2 13.3 532 16.22 648.8Q-1111-01-01-05 3/4" Bronze Corporation Stop Flare x cc Thread 4 each F600-3 16.6 66.4 14 56 16.57 66.28 F600-3Q-1111-01-01-06 1" same20 each F600-4 25.4 508 25.75 515 25.32 506.4 F600-4Q-1111-01-01-07 1 1/2" Bronze Corporation Stop Flare x Standard Thread 4 each FB600-6 69.7 278.8 58.25 233 69.35 277.4 FB700-6Q-1111-01-01-08 2" same4 each FB600-7 121.75 487 123.25 493 121.14 484.56 FB700-7Q-1111-01-01-09 3/4" Bronze Curb Stop Flare x FIP-Straight Ball Valve 10 each B21-233W 20.1 201 34.08 340.8 33.49 334.9 B21-333WQ-1111-01-01-10 1" same10 each B21-344W 39.2 392 47.4 474 46.82 468.2 B21-444WQ-1111-01-01-11 1 1/2" same4 each B21-666W 96.2 384.8 96.95 387.8 95.71 382.84 B21-666WQ-1111-01-01-12 2" same2 each B21-777W 140.7 281.4 142.45 284.9 140 280 B21-777WQ-1111-01-01-13 1" Bronze Curb Stop 90 Degree Ball Valve Flare x 1" Meter Coupling 25 each BA23-444W 58.85 1471.25 59.32 1483 58.58 1464.5 BA23-444WQ-1111-01-01-14 3/4" Bronze Curb Stop (Ford) 90 Degree Ball Valve FIP x Meter Coupling 20 each BA13-232W 20.2 404 37.2 744 20.12 402.4 BA13-233WQ-1111-01-01-15 1" same20 each BA13-444W 55.6 1112 46.5 930 55.34 1106.8 BA13-444WQ-1111-01-01-16 3/4" Bronze Compression Coupling with lock nut 10 each C44-33G 9.75 97.5 9.95 99.5 9.71 97.1 C44-33Q-1111-01-01-17 1" same20 each C44-44G 11.15 223 11.35 227 11.12 222.4 C44-44Q-1111-01-01-18 1 1/2" same8 each C44-66G 34.15 273.2 34.4 275.2 33.98 271.84 C44-66Q-1111-01-01-19 2" same10 each C44-77G 46.1 461 46.46 464.6 45.88 458.8 C44-77Q-1111-01-01-20 3/4" Bronze Flare x Flare Unions 10 each C22-33 9 90 7.75 77.5 8.97 89.7 C22-33Q-1111-01-01-21 1" same10 each C22-44 15.75 157.5 15.9 159 15.68 156.8 C22-44Q-1111-01-01-22 1 1/2 " same8 each C22-66 43.25 346 39.25 314 43.05 344.4 C22-66Q-1111-01-01-23 2" same8 each C22-77 70.6 564.8 74.15 593.2 70.25 562 C22-77Q-1111-01-01-24 3/4" Bronze Meter Setter with dual check Ford #VBHC 74-95242-01 15 each VBHC72-95242-01 117.9 1768.5 119.35 1790.25 117.35 1760.25 VBHC 74-95242-01Q-1111-01-01-25 1" Bronze Meter with dual check Ford #VBHC 74-95242-03 10 each VBC74-95242-03 197.45 1974.5 198.97 1989.7 196.46 1964.6 VBHC 74-95242-03Q-1111-01-01-26 1 1/2" Bronze Meter Setter #VVF76-12B-11-66 4 each VV76-12B-11-66 416.95 1667.8 413.15 1652.6 414.8 1659.2 VVF76-12B-11-66Q-1111-01-01-27 2" Bronze Meter Setter #VVF77-12B-11-77 4 each VV77-12B-11-77 492.9 1971.6 488.4 1953.6 490.35 1961.4 VVF77-12B-11-77Q-1111-01-01-28 6" C-900 DR 14 Class 200 PVC Pipe-Blue 60 foot 5 300 5 300 per FT 5.02 301.2Q-1111-01-01-29 8" same60 foot 8.6 516 8.2 492 per Ft 8.62 517.2Q-1111-01-01-30 10" same40 foot 13.05 522 12.7 508 per FT 13.12 524.8Q-1111-01-01-31 12" C-900 DR-18 Class 150 PVC Pipe-Blue 40 foot 14.6 584 14.55 582 per FT 14.66 586.4Q-1111-01-01-32 4" SDR 35 PVC Sewer Pipe-Green 130 foot 0.82 106.6 0.82 106.6 per Ft 0.84 109.2Q-1111-01-01-33 6" same40 foot 1.77 70.8 1.79 71.6 per FT 1.8 72Q-1111-01-01-34 8' same40 foot 3.2 128 3.25 130 per FT 3.22 128.8Q-1111-01-01-35 10" same20 foot 5.21 104.2 4.92 98.4 per FT 5.05 101Q-1111-01-01-36 12" same20 foot 7.21 144.2 7.16 143.2 per FT 7.25 145Q-1111-01-01-37 6" Ductile Iron M.J. Accessory Kit 4 each 15.1 60.4 20.6 82.4 21.22 84.88 USAQ-1111-01-01-38 8" same6 each 17 102 23.25 139.5 24.2 145.2Q-1111-01-01-39 10" same4 each 24 96 33.1 132.4 34.05 136.2Q-1111-01-01-40 12" same4 each 25 100 35.3 141.2 35.05 140.2Q-1111-01-01-41 6" x 12" Ductile Iron Long Sleeve coupling for C-900 PVC with accessories 12 each 76.35 916.2 114.7 1376.4 117.94 1415.28Q-1111-01-01-42 8" x 12" same12 each 110 1320 143.4 1720.8 147.42 1769.04Q-1111-01-01-43 10" x 12" same6 each 140 840 211.5 1269 216.45 1298.7Q-1111-01-01-44 12" x 12" same6 each 174 1044 268.25 1609.5 273.98 1643.88Q-1111-01-01-45 6" Gate Valve Waterous C-500 Resilient Seat M.J.x M.J. with accessories or equal 2 each M&H 472 944 472.25 944.5 522.74 1045.48 AVKQ-1111-01-01-46 8" same2 each M&H 733 1466 739 1478 808 1616 AVKQ-1111-01-01-47 10" same2 each M&H 1139 2278 1141.2 2282.4 1247 2494 AVKQ-1111-01-01-48 12" same1 each M&H 1440 1440 1449 1449 1566 1566 AVKQ-1111-01-01-49 Fire Hydrant-Standard 2 each M&H 5' BURY 1536 3072 1624.5 3249 1680 3360 5' BURY AVKBid #Q-1111-01Water/Wastewater System MaterialsMUNICIPAL WATER WORKS SUPPLY LPACT PIPE & SUPPLYMSC WATERWORKS
Item # ItemQty Unit Prod Code Price Total Notes Prod CodePrice Total Notes Prod CodePrice Total NotesBid #Q-1111-01Water/Wastewater System MaterialsMUNICIPAL WATER WORKS SUPPLY LPACT PIPE & SUPPLYMSC WATERWORKSQ-1111-01-01-50 34B-DS BAss and Hays Galvanized Meter Box 100 each 105.85 10585 107.15 10715 112 11200Q-1111-01-01-51 55A Bass and Hays Galvanized Meter Box 10 each 254 2540 258.25 2582.5 266 2660Q-1111-01-01-52 3' Cast Iron Adjustable Valve Stack box with Lid 15 each 135 2025 105.5 1582.5 141 2115Q-1111-01-01-53 4" same15 each 152.3 2284.5 125.15 1877.25 159 2385Q-1111-01-01-54 Valve Stack Tops Threaded 12" 10 each 16" 51.5 515 30.95 309.5 54 540Q-1111-01-01-55 24" same10 each 16" 51.5 515 71.25 712.5 54 540Q-1111-01-01-56 Valve Stack Lids15 each 21.25 318.75 12.2 183 23 345Q-1111-01-01-57 4" Rubber C.T. Non-Sheer Repair coupling for SDR 35 Sewer Pipe 20 each 17.15 343 15.25 305 17.68 353.6 FERNCOQ-1111-01-01-58 6" same8 each 32.6 260.8 26.7 213.6 33.65 269.2 FERNCOQ-1111-01-01-59 8" same8 each 48.4 387.2 44.3 354.4 50.55 404.4 FERNCOQ-1111-01-01-60 10" same8 each 62.95 503.6 74.75 598 65.05 520.4 FERNCOBid Totals:$54,534.50 $55,566.80 $58,798.03
ITEM # 6
Page 1 of 4
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-252-H, Allstate Insurance Office
P&Z HEARING DATE: November 17, 2011
C.C. HEARING DATE: December 13, 2011
STAFF REP.: Matt Steer, City Planner
LOCATION: 709 South Coppell Road
SIZE OF AREA: 0.25 acres of property
CURRENT ZONING: H (Historic)
REQUEST: A zoning change to PD-252-H (Planned Development-252-Historic), to allow site
modifications to support conversion of a residential structure to an office use.
APPLICANT: Owner: Architect
The Huemmer Agency GPF Architects
Paula Huemmer Gregg Frnka
870 S Denton Tap, Suite 200 721 Dove Circle
Copell, Texas 75019 Coppell, Texas 75019
Phone: 972-393-2528 Phone: (972) 824-7966
Fax: N/A Fax: (972) 462-1368
Email: gpfarchitects@gmail.com
HISTORY: The Old Coppell Master Plan was accepted by City Council in April of 2002. On
May 13, 2003, Council amended the Land Use component of the 1996
Comprehensive Plan and enlarged the Historic Overlay district, as proposed in the
Old Coppell Master Plan and as recommended in April, 2003 by the Planning
Commission. On January 11, 2005, the HO (Historic Overlay) district, containing
various base zonings, was changed to a straight H (Historic) district, which
includes standards for construction, design guidelines and use regulations for Old
Coppell. In January 2007, 17 acres of the property to the west was rezoned to
Historic and the future land use plan was amended to allow for a continuation of
the targeted uses outlined in the Old Coppell Master Plan - retail, offices,
restaurants and similar uses. In August 2010, the final plat of Old Town (Main
Street) was approved, subdividing the property to the west for the purpose of
ITEM # 6
Page 2 of 4
establishing street rights-of-way and necessary infrastructure to support
development.
The structure on the subject property was built in 1940. It was subsequently
altered to include a carport and has never been platted.
TRANSPORTATION: A portion of South Coppell Road directly abutting this property was recently
improved to a two-lane 37-foot undivided concrete roadway within 60 feet of
right-of-way. The remaining portion is an unimproved asphalt roadway,
scheduled to be improved in the near future with the Bethel Road and Old Town
(Main Street) infrastructure improvements. South Coppell Road to the south of
this property was recently improved and contains angled on-street parking on both
sides.
SURROUNDING LAND USE & ZONING:
North – residence; H (Historic)
South – residence; H (Historic)
East – replica Minyard Drug Store and Kirkland House; PD-234-H (Planned
Development-234-Historic)
West – vacant; PD-250-H (Planned Development – 250 – Historic)
COMPREHENSIVE PLAN:
The Comprehensive Plan of March 2011 shows the property as suitable for
development in accordance with the Old Coppell Historic District.
DISCUSSION: Site Plan
This is a fairly simple request to allow site modifications supporting conversion of
a residential structure to an office use. This is the second conversion along this
stretch of South Coppell Road. The first was done in November 2004 for a
computer consulting office located at 717 South Coppell Road. The subject lot is
709 South Coppell Road, located on the west side of Coppell Road directly
opposite the replica Minyard’s Drug Store building. The proposed use is a
professional office to house Paula Huemmer’s Allstate Insurance Agency. The
reason for requesting a Planned Development (PD) is due to the plan not meeting
all of the landscaping and setback requirements of the Zoning Ordinance.
Parking & Sidewalk Requirements:
The proposed asphalt material for the parking lot is acceptable within the Historic
District and will be included as one of the conditions within the PD. Although
parking lot paving is granted an exception in the H District, sidewalks are still
required to be constructed of concrete. Staff recommends the four-foot asphalt
sidewalk be revised to “concrete.” The existing structure is 1,741-square-feet, and
based on the ratio of one space per 300 square feet, six parking spaces are
required. Six are proposed and are shown in the rear of the property. A 12-foot-
wide asphalt drive is proposed to extend from South Coppell Road, widening into
a 20-foot-wide drive aisle between the two proposed parking spaces to the south
and the four to the north. The applicant intends to preserve the existing equipment
shed within this area. Five feet of landscaping are required along the west
property line and the west side of the drive aisle. Also the parking area is
required to be screened from adjacent properties. This shall be accomplished
ITEM # 6
Page 3 of 4
through the planting of shrubs or installation of a six-foot tall privacy fence. Our
preference is the landscape screen. These are included as conditions within staff’s
recommendation.
Landscape Areas/Tree Requirements:
Each of the three categories of landscaping areas are technically deficient in size.
Staff supports granting exceptions to the majority of these due to existing building
conditions and the lot configuration.
Perimeter Landscaping Requirements
The standard perimeter landscaping area is required to be 10 feet adjacent to all
property lines and 15 feet adjacent to the right-of-way, totaling 4,044 square feet
of required perimeter landscape area (2,964 square feet are provided). The
front yard 15-foot perimeter is the only one being met. The perimeter landscaping
along the north property line varies from 2 to 6.5 feet. The west side perimeter is
currently not being met, as the asphalt drive is shown to extend to the property
line (a minimum five-foot area is required as mentioned above). The southern
boundary is not meeting the perimeter requirement due to the existing carport
extending a foot from the property line. It is recommended that this carport be
removed, as this was an addition to the original structure and will no longer
function as a carport without a drive leading to it. With its removal along with the
concrete surface below, the ten feet of perimeter landscaping would be met in this
location and 135 square feet can be added to the nonvehicular landscape area.
Nonvehicular Landscaping Requirements
The nonvehicular landscaping area requirement is also not being met, as 1,308
square feet are required and only approximately 700 square feet are provided
(835 square feet, if the carport is removed). 654 square feet are required in the
front yard and only 40 square feet can be attributed due to the existing building
setback. Staff is recommending granting an exception to this category as it is not
physically possible to meet this requirement with the current site constraints.
Interior (Parking Lot) Landscaping Requirements
The interior (parking lot) landscaping area requirement calls for at least ten
percent of the paved area to be landscaped (416 square feet required) and a 150-
square-foot landscape island at the end of each parking row with an overstory
tree. The 10% landscape area is fulfilled (416 square feet provided) with this
plan, but the 150-square-foot landscape islands at the end of each parking row are
not provided in each case. Because this proposal is attempting to preserve all the
trees on site, staff can recommend granting an exception to this requirement.
Tree Requirements:
With the onsite tree preservation of 83 caliper inches and the addition of four
three-caliper-inch Shumard Oaks and one three-caliper-inch Burr Oak, the tree
requirements for each category are being met.
Elevations/Sign Requirements:
The only proposed change to the exterior of the building is the addition of signage
to the front and the addition of three windows on the north elevation. Staff has
worked with the applicant to reduce the proposed sign area to six inches high by
ITEM # 6
Page 4 of 4
eight-feet wide. “The Huemmer Agency” is proposed on the left side of the entry.
The signs will have black painted letters with the “Allstate” logo and is acceptable
to staff.
Recommended Changes:
1. The carport on the south side of the structure is not original to the structure
and appears tacked on. It will not function as a carport and is
recommended to be removed.
2. The chain link fence is recommended to be removed as these are not
allowed in any district other than Agricultural and in some instances Light
Industrial.
3. The parking lot is recommended to be screened with a hedge row or a
privacy fence. Details of which shall be shown on the site plan or the
elevations.
4. A five-foot landscape area should be provided between the end of the
drive aisle and the western property line. This will allow five feet of space
for vehicles to back into when maneuvering to leave.
Staff is in favor of this request given that these recommended changes are
followed.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of this request subject to the following conditions:
1. Remove the carport from the south side of the structure.
2. Remove the chain link fence along the property boundaries.
3. Specify “concrete” construction instead of “asphalt” for the four-foot wide sidewalk shown adjacent to
drive aisle.
4. Screen parking area with a hedge row or a 6-foot high privacy fence (landscape screening preferred).
5. Provide a 5’ landscape area between the end of the drive aisle and the western property line.
6. Insure the Landscape Plan is sealed by a Landscape Architect and the Tree Survey sealed by a
Landscape Architect, Arborist or Registered Nurseryman.
7. Revise the required and provided landscape areas within Landscape Requirements table to reflect total
areas for each category (Perimeter – 4,044 square feet required, 2,964 square feet provided;
Nonvehicular – 1,308 square feet required, 700 square feet provided; & Interior – 416 square feet
required, 416 square feet provided).
8. Specify the signage to be “black painted lettering” with a “black painted logo”.
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/Landscape Plan/Tree Survey
2. Elevations
ITEM # 7
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: Cozby Addition, Lot 1, Block A, Minor Plat
P&Z HEARING DATE: November 17, 2011
C.C. HEARING DATE: December 13, 2011
STAFF REP.: Matt Steer, City Planner
LOCATION: 709 South Coppell Road
SIZE OF AREA: 0.25 acres of property
CURRENT ZONING: H (Historic)
REQUEST: A minor plat to allow site modifications to support conversion of a residential
structure to an office use.
APPLICANT: Owner: Architect
The Huemmer Agency GPF Architects
Paula Huemmer Gregg Frnka
870 S Denton Tap, Suite 200 721 Dove Circle
Copell, Texas 75019 Coppell, Texas 75019
Phone: 972-393-2528 Phone: (972) 824-7966
Fax: N/A Fax: (972) 462-1368
Email: gpfarchitects@gmail.com
HISTORY: The Old Coppell Master Plan was accepted by City Council in April of 2002. On
May 13, 2003, Council amended the Land Use component of the 1996
Comprehensive Plan and enlarged the Historic Overlay district, as proposed in the
Old Coppell Master Plan and as recommended in April, 2003 by the Planning
Commission. On January 11, 2005, the HO (Historic Overlay) district, containing
various base zonings, was changed to a straight H (Historic) district, which
includes standards for construction, design guidelines and use regulations for Old
Coppell. In January 2007, 17 acres of the property to the west was rezoned to
ITEM # 7
Page 2 of 3
Historic and the future land use plan was amended to allow for a continuation of
the targeted uses outlined in the Old Coppell Master Plan - retail, offices,
restaurants and similar uses. In August 2010, the final plat of Old Town (Main
Street) was approved, subdividing the property to the west for the purpose of
establishing street rights-of-way and necessary infrastructure to support
development.
The structure on the subject property was built in 1940. It was subsequently
altered to include a carport and has never been platted.
TRANSPORTATION: A portion of South Coppell Road directly abutting this property was recently
improved to a two-lane 37-foot undivided concrete roadway within 60 feet of
right-of-way. The remaining portion is an unimproved asphalt roadway,
scheduled to be improved in the near future with the Bethel Road and Old Town
(Main Street) infrastructure improvements. South Coppell Road to the south of
this property was recently improved and contains angled on-street parking on both
sides.
SURROUNDING LAND USE & ZONING:
North – residence; H (Historic)
South – residence; H (Historic)
East – replica Minyard Drug Store and Kirkland House; PD-234-H (Planned
Development-234-Historic)
West – vacant; PD-250-H (Planned Development – 250 – Historic)
COMPREHENSIVE PLAN:
The Comprehensive Plan of March 2011 shows the property as suitable for
development in accordance with the Old Coppell Historic District.
DISCUSSION: This is the companion case to the Planned Development zoning request. This is a
Minor Plat to be considered concurrently with the Planned Development proposal
to allow site modifications to support the conversion of a residential structure to
an office use. The applicant is proposing to renovate the interior of the building
to an Allstate Insurance Office. In the current legal description, the property
boundary extends to the centerline of South Coppell Road. This minor plat is
showing dedication of 30 feet of right-of-way.
There is a 12’-wide drive leading into the parking area in the rear, where it is
proposed to be widened to 20 feet. This will allow adequate maneuvering
distance for cars to exit the area. An exception to the Subdivision Ordinance is
needed to accommodate this driveway width, as the minimum for commercial
development is 20’. This will be required to be noted on the plat. Staff feels this
ITEM # 7
Page 3 of 3
is a reasonable request due to this being a residential conversion and only serving
a few parking spaces.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of Lot 1, Block A, Cozby Addition subject to the following condition:
1. Note exception to the 20’ minimum commercial drive aisle requirement of the Subdivision Ordinance.
ALTERNATIVES:
1. Recommend approval of the request
2. Recommend disapproval of the request
3. Recommend modification of the request
ATTACHMENTS:
1. Minor Plat
ITEM # 4
Page 1 of 7
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-241R-C, Red Hawk Office
P&Z HEARING DATE: October 20, 2011 (Continued to November 17, 2011, with the hearing left open)
C.C. HEARING DATE: November 8, 2011 (December 13, 2011)
STAFF REP.: Matt Steer, City Planner
LOCATION: NWC of Denton Tap Road and Bethel School Road
SIZE OF AREA: 0.92 acres of property
CURRENT ZONING: PD-241-C (Planned Development-241-Commercial)
REQUEST: A zoning change to PD-241R-C (Planned Development-241 Revised-
Commercial), to attach a Detail Plan on Lot 28R, to allow the construction of an
8,700-square-foot office building.
APPLICANT: Owner/Applicant: Architect:
The Holmes Builders (Hawkeye Commercial) Nove Studios
Contact: David Hayes Contact: Mike Adams
225 East State Highway 121, Suite 120 P.O. Box 941852
Coppell, TX 75019 Plano, TX 75094
Phone:(214) 488—5200 Phone: (469) 682-8915
Fax: (214) 488-5255 Fax: N/A
Email: dhayes@theholmesbuilders.com mike@firmitasdesign.com
HISTORY: On May 26, 2009, a Conceptual Planned Development for two commercial tracts
was approved as a part of a Detailed Planned Development zoning for the
residential component of PD-241-SF/C (Planned Development 241- Single-
Family/Commercial) allowing for 54 single-family lots. The subject lot was
approved to have a temporary leasing office which has not been constructed.
On October 18, 2011, prior to the presentation to the Planning and Zoning
Commission, the applicant revised the proposal as follows:
ITEM # 4
Page 2 of 7
1. Proposed to use brick along with the chopped stone as the primary
materials in place of the proposed stucco; thus eliminating the need for
the stucco exception.
2. The building size was reduced by 154 square feet.
3. The setback on the north side was increased from 12 feet to 15 feet.
4. The setback on the west side was increased from 57 feet to 58 feet.
5. A landscape island within the parking area was increased in size around
the 30 caliper inch Post Oak to be preserved.
The revised plans were presented to the Planning and Zoning Commission on
October 20, 2011.
At that meeting, the Planning Commission continued this case until
November 17, 2011, with the public hearing left open. The Commission
recommended consideration be given to further reduce the proposed
building size, increase setbacks, and increase landscape areas to reflect the
building standards and regulations of the City of Coppell.
TRANSPORTATION: South Denton Tap Road is an improved six-lane, divided concrete arterial built
within a 110-foot right-of-way. West Bethel School Road is a concrete two-lane
collector built within a 60-foot right-of-way.
SURROUNDING LAND USE & ZONING:
North – vacant; “PD-241-SF”, Planned Development-241-Single Family
South-Ace Hardware; “C”, Commercial
East-retail/gas station; “C” Commercial
West-vacant; “PD-241-SF”, Planned Development-241-Single Family
COMPREHENSIVE PLAN:
The Comprehensive Plan of March 2011, shows the property as suitable for
Residential Urban Neighborhood.
DISCUSSION: This is the first of two commercial tracts of the Conceptual Planned Development
for Red Hawk approved in June 2009. On the Conceptual Plan (attached), a
scaled 6,000 square foot office building was shown. This proposal is for an
oversized 8,700 square-foot medical & professional office building on the
northwest corner of W. Bethel School Rd. and S. Denton Tap Rd. Special
attention to the architecture and landscaping needs to be given, as this is a highly
visible site located at the main entry into the Red Hawk Subdivision along a
primary image zone, Denton Tap Road, and will eventually be bounded on all
four sides by roadways. The proposed site is positioned in such a way that certain
exceptions to the Zoning Ordinance (PD Conditions) are warranted, but staff can
only support one of those being requested.
Site Plan:
The proposed building is setback 60 feet from the S. Denton Tap and W. Bethel
School rights-of-way. The parking areas are proposed to be on the west, south and
east sides of the proposed structure with a fire lane/mutual access easement
extending from W. Bethel School, both to the north and east with dead-ends on
ITEM # 4
Page 3 of 7
each. There is a proposed screening wall on the west and north sides of the site
separating this use from the residential. Details of the wall are incomplete, but
staff understands that the wall (similar to Alexander Court) will be seven-feet
high and curvilinear to connect with the proposed wall to be built along Denton
Tap with the residential component of Red Hawk. The column spacing and the
end column have not been included and are required to be a part of this Detailed
Planned Development.
Parking:
The parking required for a medical office is one parking space per 175 square feet
of building area; parking for a professional office is one per 300 square feet. The
applicant is proposing to just meet the minimum parking required with 6,580
square feet of medical office (38 spaces required) and 2,100 square feet of
professional office (seven spaces required). In a previous Planned Development
by the same applicant, sufficient parking was not provided and a shared parking
agreement was eventually obtained with a nearby property in order to provide the
parking needed. In this case, there is not any nearby parking (except across
Bethel School at the hardware store). According to the applicant, only one lease
has been secured; a medical tenant. Staff has concern with this division/parking
allotment and requested that a floor plan be submitted to ensure only 6,580 square
feet will be used as medical office. Nothing could be gathered from the floor plan
as it merely indicated a fire riser room, entries and exits with the remainder being
shell building. In the end, if approved, staff will need to keep a record of the lease
spaces and the users to ensure sufficient parking is available to all tenants.
Tree Survey/Landscape Plan:
There are approximately 40 caliper-inches of protected trees proposed to be
preserved with this request. Six Cedar Elms, six Bald Cypress, eight Live Oaks,
and three October Glory Maples are proposed to be planted in concert with the
existing 30 caliper-inch Post Oak and the 10 caliper-inch Hackberry Trees. This
Landscape Plan does not meet the requirements of the Zoning Ordinance in
plantings or area (perimeter, interior and nonvehicular open space) requirements.
Elevations/Signage:
The structure is proposed to be 23 feet in height (measured to the peak), excluding
a 35-foot high tower element. The office is proposed to be constructed of an off-
white “oyster shell” stucco, a light brown and grey chopped stone, and a light
grey cast stone for the window and door surrounds. The roofing material is
proposed to be a terra cotta and dark brown color spanish tile. The tower is
proposed to be constructed of stucco with a copper dome. A 37-square-foot
monument sign is proposed to be located on the southeast side of the building. It
is proposed to be constructed of the same stone as the east elevation of the office
and to be externally illuminated with black pin-mounted letters. Currently, only
the sign areas are depicted on the building elevations with a note stating that the
signage will be back lit pin mounted aluminum letters of a deep bronze color, but
will allow for a logo up to 20% of the total sign area.
Requested PD Conditions:
The first exception requested is to the 80% masonry requirement. This is one
that cannot be supported by staff. As outlined in the Zoning Ordinance, approval
ITEM # 4
Page 4 of 7
of a Planned Development Condition is needed to allow for stucco construction
that exceeds 20% of the structure (exclusive of doors and windows). The reason
for this requirement relates to the “old world” architectural style the city has
encouraged since the mid ‘80’s. Since that time, we have attempted to evaluate
stucco requests case by case, based upon a number of criteria including: number
already in the neighborhood, architectural style of surrounding structures, impact
of this building type on the community, neighborhood concerns, etc. In April
2009, Council approved stucco construction on ten lots within the Planned
Development of the Chateaus of Coppell subdivision, of which only six were built
(southwest corner of Bethel and Denton Tap). The stipulations related to this
approval stated that none of the houses abutting Denton Tap or Bethel Road
would be allowed to be stucco and each stucco house shall be separated by three
lots. The reason this is significant is that the stucco look was not allowed where
visible from outside the subdivision, only internally to the subdivision.
This is a highly visible site. Three of the four sides are requested to be stucco (the
north, south and west). On the northern side, there are five proposed two-story
houses which will face the seven-foot screening wall and the rear of the proposed
building. Proposed Blackburn Drive, currently under construction, will provide a
direct view of this wall and façade. Over half of the south facade is proposed to
be stucco construction and this is highly visible along Bethel School Road. Staff
is of the opinion that this architectural style and construction type (stucco with a
red, Spanish tile roof) shouldn’t set the tone for the entry into the subdivision and
would look out of place in Coppell especially at the Bethel School/Denton Tap
intersection. Staff recommends using the chopped stone on all elevations.
The second exception being requested is perimeter landscaping. This proposal
includes only ten feet along Bethel School while 15 feet are required by
ordinance. This requirement is typical for any corner lot and staff cannot
recommend a variance to this standard.
The third exception being requested is the rear yard setback on the north side.
Typically, a 20-foot rear yard is required. In this case, a 12-foot setback is
proposed. This was revised since the initial submittal which met the 20-foot
required. The applicant shifted the proposed building to the north in order to
provide additional perimeter landscaping along W. Bethel School Rd. Although
this did improve the perimeter landscaping situation, it created the need for an
eight-foot setback variance and brought the rear of the building closer to the five
proposed residences across proposed Blackburn Drive. Staff cannot support this
exception.
The fourth requested exception is the west side setback. The applicant is
requesting 57 feet. This is a minimal setback reduction and with the street right-
of-way, the seven-foot wall proposed and the parking area, staff believes there is
adequate buffer to the residential component of the Red Hawk Subdivision
currently under construction. Staff could support this reduction of three feet. The
applicant would need to revise the typo on the Site Plan from “47 feet” to “57
feet”, but this may be a moot point, as staff is recommending that the site be
reconfigured as outlined below and shown the attached sketch plan.
ITEM # 4
Page 5 of 7
The fifth, sixth and seventh exceptions relate to the total landscape total areas for
each category. Staff cannot support any of the requested landscaping variances:
the parking lot landscaping exception of 340 square feet, the perimeter
landscaping exception along Bethel School, or the nonvehicular landscaping
reduction by 2,000 square feet. As configured, the building is just too large for
the site.
The final exception not included in the applicant’s list relates to the use of Pampas
Grass as a parking lot screening plant. Although this is a xeriscaping plant that is
encouraged by the city in other applications, it is not appropriate as a parking lot
screen. Evergreen shrubs, minimum two feet high at the time of planting (three
feet high after one year), are required. This was conveyed to the applicant at the
Development Review Committee Meeting and was not revised on the plan, so this
will need to be included as another PD Condition.
Recommended Site Reconfiguration:
Staff has suggested to the applicant that the PD Conditions and setback variances
could be met if the building were located closer to the S. Denton Tap and W.
Bethel School rights-of-way and the size of the building was reduced. The front
yard setback requirement within the Commercial District (base zoning of the
Planned Development) allows for a minimum of 30 feet if no parking is proposed
in the front yard. This would allow for enough perimeter, interior, and
nonvehicular areas to be provided with only a small reduction (800 square feet) in
proposed building size. This is still larger than the building size (6,000 square
feet) depicted on the attached Conceptual Plan approved in June 2009. A sketch
of the modified proposal (attached) that could be supported by staff was provided
to the applicant and applicant’s architect asking for any feedback; none was
received. With the current site configuration, the proposed building would need to
be shifted to meet setback requirements and substantially reduced in size, so some
of the parking could be converted into required landscape area.
As it is proposed now, staff cannot recommend approval. With a reconfigured
site as presented by staff and with the masonry percentage meeting the 80%
required for each elevation, staff could recommend approval. On the other hand,
denial to allow the applicant to make alterations the meet code and come back
later with a reapplication might be the better alternative.
SUMMARY As indicated in the revised HISTORY section, the Planning Commission
expressed concerns over a variety of issues at the October 20, 2011 Meeting.
At that meeting, they reviewed both the initial submittal and the second
iteration. Even after reviewing the second plan, the size of the proposed
building was a major concern. Since the meeting, per the Planning and
Zoning discussion, the proposal was revised for a third time. The building
footprint on the attached submittal was reduced in size by approximately 610
square feet from the previous 8,550 square feet resulting in 7,940 total square
feet depicted. The ratio of professional office to medical office increased.
Whereas before, the proposal was to have 2,100 square feet of professional
office, this proposal has 2,340 square feet; 6,426 square feet were previously
devoted to medical use and this proposal has 5,600 square feet allotted. With
ITEM # 4
Page 6 of 7
the reduction in building size and the change in proposed use allocation, the
number of required parking spaces decreased from 44 to 40 parking spaces.
This freed up 1,116 square feet for additional nonvehicular landscape area.
In total, 1,722 square feet were gained in landscape area. Based on revised
calculations provided by the applicant’s architect on November 10, 2011, the
plan was still deficient 232 square feet in landscaping.
On November 11, 2011, the applicant’s architect informed staff that the
building would be reduced by an additional 88 square feet of the space
allotted for medical office; therefore, eliminating the need for one parking
space and accounting for the landscaping shortfall. The submission of
revised plans reflecting the change is a condition of staff recommendation.
The five requested PD Conditions are summarized as follows with staff’s
recommendation below in italics:
1. A 16-foot perimeter landscaping width along Blackburn is
proposed, where 17 feet adjacent to the parking is required.
• Staff recommends granting this condition as the 111-square-feet
deficit to the perimeter category can be provided elsewhere on
site.
2. A 15-foot building setback is proposed on the north side, where 20
feet are required.
• With the proposed wall and the low roofline and use of brick in
place of the originally proposed stucco, staff recommends
granting this condition.
3. The proposed landscape area was deficient by 232 square feet.
They were proposing to make up for this deficiency with an equal
area in patterned concrete in the parking area.
• This condition is not applicable, as the applicant is intending to
provide all of the required landscape area.
4. No columns are proposed for the area between the end columns on
the masonry wall; 10-foot minimum and 30-foot maximum spacing
is required.
• Staff recommends granting an exception to this condition, as the
wall depicted by the applicant on the cover page is a stacked
stone curvilinear design approved conceptually with the original
Conceptual Planned Development.
5. The required four-foot sidewalk along the east side of Blackburn
Drive is requested to be waived.
• Staff is not recommending that the sidewalk requirement be
waived.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the Detail Planned Development – 241 Revised – Commercial
(Red Hawk Office) PROVIDED the following conditions are met:
1. Revise all plans to reflect the 88-square-foot building reduction and associated changes to the
parking and landscaping.
2. Provide a minimum four-foot sidewalk along the east side of proposed Blackburn Drive at the
entrance to the residential subdivision.
ITEM # 4
Page 7 of 7
3. Include more detail in the masonry wall specifications. The detail provided does not match the
verbal description of the proposed wall provided by the applicant.
4. Show all existing and proposed easements as shown on the approved conceptual plan.
5. Change note within Site Data table to read “PD-241R-C” for the proposed zoning. The existing
zoning should read “PD-241-C”, as a Conceptual Plan was already approved for this site.
6. A Tree Removal Permit will be required prior to the removal of any trees.
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. Approved Conceptual Plan
2. Revised Cover Page (Third iteration)
3. Revised Site Plan (Third iteration)
4. Revised Floor Plan (Third iteration)
5. Revised Elevations (Third iteration)
6. Revised Landscape Plan (Third iteration)
7. Revised Tree Survey (Third iteration)
ITEM # 5
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Red Hawk Addition, Lot 28R, Block A, Replat
P&Z HEARING DATE: November 17, 2011
C.C. HEARING DATE: December 13, 2011
STAFF REP.: Matt Steer, City Planner
LOCATION: NWC of Denton Tap Road and Bethel School Road
SIZE OF AREA: 0.92 acres of property
CURRENT ZONING: PD-241R-C (Planned Development-241 Revised-Commercial)
REQUEST: A replat of Lot 28, Block A, of the Red Hawk Addition to establish various
easements to accommodate an office building.
APPLICANT: Owner/Applicant: Architect:
The Holmes Builders (Hawkeye Commercial) Nove Studios
Contact: David Hayes Contact: Mike Adams
225 East State Highway 121, Suite 120 P.O. Box 941852
Coppell, TX 75019 Plano, TX 75094
Phone:(214) 488—5200 Phone: (469) 682-8915
Fax: (214) 488-5255 Fax: N/A
Email: dhayes@theholmesbuilders.com mike@firmitasdesign.com
HISTORY: On May 26, 2009, a Conceptual Planned Development for two commercial tracts
was approved as a part of a Detailed Planned Development zoning for the
residential component of PD-241-SF/C (Planned Development 241- Single-
Family/Commercial) allowing for 54 single-family lots. The subject lot was
approved to have a temporary leasing office which has not been constructed.
A Detailed Planned Development proposal was presented to the Planning
and Zoning Commission on October 20, 2011.
ITEM # 5
Page 2 of 3
At that meeting, the Planning Commission continued the zoning case until
November 17, 2011, with the public hearing left open. The Commission
recommended consideration be given to further reduce the proposed
building size, increase setbacks, and increase landscape areas to reflect the
building standards and regulations of the City of Coppell.
Subsequently, the Planning Commission denied the plat and instructed staff to
bring it back for consideration with the zoning request on November 17,
2011. The Replat was to be revised to reflect the following conditions:
1. A sidewalk is required along the east side of proposed Blackburn
Drive at the entrance to the residential subdivision.
2. Revise the building lines to reflect the proposed zoning.
3. A Tree Removal Permit is required prior to the removal of any trees.
TRANSPORTATION: South Denton Tap Road is an improved six-lane, divided concrete arterial built
within a 110-foot right-of-way. West Bethel School Road is a concrete two-lane
collector built within a 60-foot right-of-way.
SURROUNDING LAND USE & ZONING:
North – vacant; “PD-241-SF”, Planned Development-241-Single Family
South-Ace Hardware; “C”, Commercial
East-retail/gas station; “C” Commercial
West-vacant; “PD-241-SF”, Planned Development-241-Single Family
COMPREHENSIVE PLAN:
The Comprehensive Plan of March 2011, shows the property as suitable for
Residential Urban Neighborhood.
DISCUSSION: This is the companion request to PD-241R-C, Red Hawk Office. It is a replat of
Lot 28, Block A, which was previously platted with the overall Red Hawk
development. A wall maintenance easement is shown along the west and north
property lines allowing access to the Homeowner’s Association for maintenance
purposes. Fire lane easement is proposed to dead-end to the north and to the east
from the entrance. The building lines have been modified since the original plat.
They are shown at 60 feet from Denton Tap and Bethel School and 55 feet (west,
side yard) and 12 feet (north, rear yard) along Blackburn Drive. These will need
to be modified to reflect the approved zoning. Staff can recommend approval
only if the conditions of the zoning application are met. Without these conditions
being met, we recommend DENIAL of this plat.
SUMMARY: The Replat was resubmitted with the Front Yard Building Line adjusted on
the west side from 55 feet to 60 feet. The Fire Lane Easement has also been
slightly adjusted according to the slight parking lot modifications of the Site
Plan.
ITEM # 5
Page 3 of 3
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff can recommend APPROVAL of this request only if conditions for approval of the Planned
Development Zoning are met with the following additional conditions:
1. A minimum four-foot sidewalk is required along the east side of
proposed Blackburn Drive at the entrance to the residential
subdivision.
2. A Tree Removal Permit is required.
ALTERNATIVES:
1. Recommend approval of the request
2. Recommend disapproval of the request
3. Recommend modification of the request
ATTACHMENTS:
1. Revised Replat
UTILITY COMPANY RECEIPT ACKNOWLEDGEMENT:ONCOR: _____________________________________ATMOS ENERGY: _____________________________TIME WARNER: _______________________________VERIZON: ____________________________________OWNER’S DEDICATIONNOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTSThat, HAWKEYE COMMERCIAL LLC, is the owner of the herein described property, and doeshereby adopt this plat designating the herein described property as LOT 28R, BLOCK A OF REDHAWK, an addition to the City of Coppell, Dallas County, Texas and does hereby dedicate, in feesimple, to the public use forever the streets and alleys shown hereon. The easements shown hereonare hereby reserved for purposes indicated. The utility and fire lane easements shall be open to thepublic, fire and police units, garbage and rubbish collection agencies, and all public and privateutilities for public utilities, garbage and rubbish collection agencies, and all public and private utilitiesfor each particular use. The maintenance of paving on the utility and fire lane easements is theresponsibility of the property owner. No buildings, fences, trees, shrubs or other Improvements orgrowths shall be constructed, reconstructed or placed upon, over or across the easements as shown.Said easements being hereby reserved for the mutual use and accommodation of all public utilitiesusing or desiring to use the same. All and any public utility shall have the right to remove and keepremoved all or parts of any buildings, fences, trees, shrubs or other Improvements or growths whichIn any way endanger or interfere with the construction, maintenance or efficiency of Its respectiveright or ingress or egress to or from and upon the said easement for the purpose of constructing,reconstructing, inspecting, patrolling, maintaining and adding to or removing all or parts of Itsrespective systems without the necessity at any time of procuring the permission of anyone. (Anypublic utility shall have the right of ingress and egress to private property for the purpose of readingmeters and any maintenance or service required or ordinarily performed by the utility).Water main and wastewater easements shall also include additional areas of working space forconstruction and maintenance of the systems. Additional easement area is also conveyed forinstallation and maintenance of manholes, cleanouts, fire hydrants, water services and wastewaterservices from the main to the curb or pavement line, and description of such additional easementsherein granted shall be determined by their location as installed.This plat approved subject to all plating ordinances, rules, regulations and resolutions of the City ofCoppell, Texas.Executed this the ___ day of ________________, 2011.BY: HAWKEYE COMMERCIAL LLC _______________________ TERRY HOLMES, _______STATE OF TEXAS }COUNTY OF DALLAS }BEFORE ME, the undersigned authority in and for the State of Texas, on this day personallyappeared Terry Holmes, ___________ of Hawkeye Commercial LLC, known to me to be the personwhose name is subscribed to the foregoing instrument and acknowledged to me that he executed thesame for the purposes and consideration therein expressed and in the capacity therein stated.GIVEN UNDER MY HAND AND SEAL OF OFFICE this _______ day of __________, 2011._____________________________Notary Public, State of TexasSURVEYOR'S CERTIFICATEKNOW ALL MEN BY THESE PRESENTS:THAT, I, L. LYNN KADLECK, a Registered Professional Land Surveyor in the State of Texas, dohereby certify that I have prepared this plat from an actual on the ground survey of the land; and themonuments shown hereon were found and/or placed under my personal supervision in accordancewith the platting rules and regulation of the City of Coppell, Texas. DATED this the ______ day of ____________, 2011. _________________ L. LYNN KADLECK Registered Professional Land Surveyor No. 3952STATE OF TEXAS }COUNTY OF COLLIN }BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personallyappeared L. Lynn Kadleck, known to me to be the person whose name is subscribed to the foregoinginstrument and acknowledged to me that he executed the same for the purposes and considerationstherein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ____ day of ___________, 2011. _________________________ Notary Public, State of TexasRECOMMENDED FOR APPROVAL________________________________________________Chairman, Planning & Zoning Commission Date of ApprovalCity of Coppell, TexasApproved and Accepted:________________________________________________MayorDate of ApprovalCity of Coppell, TexasThe undersigned, the City Secretary of the City of Coppell, Texas, hereby certifies that the foregoingfinal plat of Lot 28R, Block A of Red Hawk, an addition to the City of Coppell was submitted to theCity Council on the __ day of ___________, 2011, and the Council, by formal action, then and thereaccepted the dedication of the streets, alleys, parks, easements, public places, and water and sewerlines, as shown and set forth in and upon said plat, and said Council further authorized the Mayor tonote the acceptance thereof by signing her name as hereinabove subscribed.WITNESS MY HAND, this the ___ day of _____________, 2011._________________________City SecretaryFLOOD PLAIN NOTEThe subject property lies within OTHER AREAS - ZONE X - Areas determined to be outside 500-yearfloodplain as shown on the National Flood Insurance Program, Flood Insurance Rate Map (FIRM) forDallas County, Texas and Incorporated Areas, Panel 155 of 725, Map Number 48113C0155 J, maprevised August 23,2001 as published by the Federal Emergency Management Agency (FEMA).FLOODPLAIN ORDINANCE NOTEFloodplain Development Permit Application No. ___ has been filed with the City of Coppell FloodplainAdministrator on ________________, 2011.__________________________________________Floodplain Administrator DateOWNER’S CERTIFICATIONWHEREAS, HAWKEYE COMMERCIAL LLC, is the owner of a tract of land situated In the Edward A.Crow Survey, Abstract No. 301, City of Coppell, Dallas County, Texas, said tract being all of Lot 28,Block A of Red Hawk, an addition to the City of Coppell, Dallas County, Texas and recorded inCounty Clerk Instrument Number 201100246745, Official Property Records of Dallas County, Texas,said tract of land conveyed to Hawkeye Commercial LLC by deed recorded in County ClerkInstrument No. 201100172860, Official Property Records of Dallas County, Texas, and said tract ofland being described as follows:BEGINNING at a found 5/8 inch iron rod for a corner at the south corner of a right of way corner clipat the intersection of the northwest line of Bethel School Road (a 60 foot right of way) with the westline of Denton Tap Road (a 110 foot right of way), said point being the most westerly southeast cornerof said Lot 28;THENCE, S 78°16’45” W, with the northwest line of Bethel School Road, a distance of 220.13 feet toa found 5/8 inch iron rod for a corner at the intersection of the northwest line of Bethel School Roadwith the east line of Blackburn Drive (a variable with right of way, said point being the southwestcorner of said Lot 28;THENCE, N 11°43’15” W, with the northeast line of Blackburn Drive, a distance of 157.67 feet to afound 5/8 inch iron rod at the south corner of a circular right of way corner clip at a 90 degree anglein Blackburn Drive, said point the beginning of a tangent curve to the right with a central angle of90°00’00”, a radius of 10.00 feet, a chord bearing of N 33°16’45” E and a chord distance of 14.14 feetsaid point being the most westerly northwest corner of said Lot 28;THENCE, Northasterly, with the said circular right of way corner slip and along said curve, an arcdistance of 15.71 feet to a found 5/8 inch iron rod for a corner in the southeast line of BlackburnDrive, and said point being the most easterly northwest corner of said Lot 28;THENCE, N 78°16’45” E, with the southeast line of Blackburn Drive, passing at a distance of 160.66feet the west corner of Common Area 1X, Block A of the said Red Hawk addition, continuing with thecommon line of said Lot 28 and Common Area 1X, a distance of 242.43 feet to a found 5/8 inch ironrod for a corner in the west line of Denton Tap Road, said point being the northeast corner of said Lot28;THENCE, S 02°28’29” E, with the west line of Denton Tap Road, a distance of 164.88 feet to a found5/8 inch iron rod for a corner at the north corner of the above said right of way corner clip, said pointbeing the most easterly southeast corner of said Lot 28;THENCE, S 37°54’08” W, with the said right of way corner clip, a distance of 7.62 feet to the Point ofBeginning and Containing 40,000 square feet or 0.918 acre.
ITEM # 8
Page 1 of 4
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Article 34, Landscaping Regulations of the Zoning Ordinance.
Xeriscaping
P&Z DATE: November 17, 2011
STAFF REP: Matt Steer, City Planner
John Elias, Parks Operations Manager
PURPOSE: To recommend revisions to Article 34, Landscaping Regulations of the Zoning
Ordinance (primarily Table 1, Plant Palette) to promote the use of xeriscaping.
HISTORY: In September 2001, Council adopted an ordinance amendment revising the plant palette of
the Landscape Section of the Zoning Ordinance. This provided the development
community with a wide variety of plantings compatible to the region, and more
specifically, expanded the list to those that are native or adapted to the region and
naturally more drought tolerant. Extensive study and analysis was done to ensure these
plants were acceptable to local nurserymen, local landscape architects, the Parks &
Recreation Board, Planning & Zoning Commission, and city staff.
In September 2011, ten years later, staff gave a presentation to the City Council
reviewing the principles of xeriscaping, a recent plant palette survey and the
revisions/updates currently being recommended.
DISCUSSION: What is xeriscaping? How do weather and climate conditions affect water conservation
and consumption rates? What are some potential changes to the Zoning Ordinance that
can promote xeriscaping and ultimately water conservation? What are some of the
projects the City of Coppell has completed that represent xeriscaping and water
conservation techniques? These are all questions answered below.
Xeriscaping Defined:
Xeriscaping is the conservation of water through creative landscaping. The goal is to
create a visually attractive landscape utilizing plants selected for water efficiency (native
or adapted). A properly maintained xeriscape can easily use less than ½ the of a
traditional landscape. There are seven principles of Xeriscaping:
1. Planning and Design – Start with a well thought-out plan. Utilize professionals
and resources (books, websites, and other xeriscapes in the area) in the
formulation of your plan.
2. Practical Turf Areas – Limit the turf areas. Don’t completely eliminate these, but
be wise in the selection of turf area spaces.
3. Efficient Irrigation – Slow, steady, specific water application is better than spray.
Consider drip for trees and shrubs. Manage irrigation zones for different plants
(group according to water needs).
ITEM # 8
Page 2 of 4
4. Soil Improvements/Analysis- Make sure the soil is full of nutrients. These can be
added if needed.
5. Mulching- two to three inches of mulch is key. This keeps the soil cool and
reduces evaporation, holds moisture much better than bare soil.
6. Appropriate Plants- Plant selection is crucial. This is the main focus of the
recommended changes to the Landscape Section of the Zoning Ordinance.
7. Sound Maintenance – Maintain irrigation systems and make seasonal adjustments
if need be.
City Facility/Park Applications:
The City is currently providing model xeriscaping at various locations throughout the
city. Some of the xeriscaping concepts can be found in the medians along Sandy Lake
Road, at the Community Gardens, and at the Grapevine Springs Senior/Community
Center to name a few.
Some of the advantages of xeriscaping are:
It sets a good example for the remainder of the city to follow, requires little or no lawn
mowing, and when the water restrictions are implemented due to drought conditions, the
xeriscape plants will tend to survive.
Although the advantages far outweigh the disadvantages, it should be mentioned that the
application of xeriscaping may require more start up work, requires more training for the
employees, as the maintenance is different from the traditional lawn care, and some
citizens may not like the look. However, as xeriscaping is applied more frequently, more
and more people will see the benefits and it will gain in popularity.
Weather Patterns & Outdoor Water Consumption:
Why do we need to implement xeriscaping here in this area? The average monthly
temperature compared with the average monthly precipitation rate for the area tells the
story. As the temperature rises throughout the year, the average monthly precipitation
follows the same trend; that is until June. Starting in June, when the temperatures are still
on the rise in the summer months, the precipitation rate begins decreasing. August has
one of the lowest levels of precipitation yet is the hottest time of year; therefore, requires
the highest level of irrigation. A review of the residential water consumption rate for the
City of Coppell reveals that in August 2010, 240 million gallons of water are used.
That’s over 2.5 times the amount used in January (90 million gallons). Only in July or
August are precipitation rates predictably the lowest (when rainfall is needed the most).
In the summer of 2000, we had 84 consecutive days without rainfall; in 1998 – 58 days
and 1999 – 56 days. This past summer, there were 51 consecutive days. We broke the
record for the most days of over 100 degrees and almost broke the record for most
number of consecutive days over 100 degrees.
Irrigation Code:
One component of our research was to ensure our irrigation code was current. In 2009,
the Texas Commission on Environmental Quality (TCEQ) adopted strict regulations
which Coppell subsequently adopted and is currently using. An irrigation plan, by a
licensed irrigator, is required for all new construction and requires a third party inspection
upon completion. As a part of the irrigation system, a rain sensor is required to avoid
watering during a thunderstorm or shortly thereafter. More restrictive irrigation
ITEM # 8
Page 3 of 4
techniques and retrofits are being examined for feasibility by City Staff. Any revision to
the irrigation code deemed appropriate will be brought forward as a separate item.
Plant Palette Update:
As mentioned in the HISTORY Section, revisions to the plant palette of the Landscape
Section of the Zoning Ordinance were made in 2001, to incorporate xeriscaping plants
native to or adapted to the area. The main focus of this study is to reevaluate the changes
made and to make additions or deletions to the plant palette based on water usage,
drought & heat tolerance and disease resistance. The attached plant palette was cross-
referenced with the list from the Texas Smartscaping website and their water usage (low,
medium and high). The plants found on the Texas Smartscaping List would be considered
xeriscaping plants, because they are native or adapted to the North Central Texas Region
and are able to survive (in some cases, thrive) in the region with low to medium watering.
The low water Texas Smartscaping plants are depicted in yellow and medium water
Texas Smartscaping plants are in orange. A survey of the Plant Palette was sent to four
Landscape Architects that frequently do work in the area and reviewed by the Parks and
Recreation Staff and the Planning Department Staff. The attached plant palette outlines
the recommended revisions: some being additions or deletions while others are simply
being rearranged within the chart.
The recommended revisions to the Overstory Trees are as follows:
• Deletion of the Common Persimmon – This is rarely used and Texas Persimmon
(Texas Smartscaping Plant) is already listed as an accent tree.
• Addition of Lacey Oak- Texas Smartscaping Plant with low water needs, full sun
and deciduous.
• Deletion of Red Maple – Predominately a northern tree that has problems with the
excessive heat in the area.
• Deletion of the Sweet Gum – Has problems with the clay soils.
• Deletion of the Western Soapberry – Has problems with bores.
The recommended changes to the Accent Trees are as follows:
• Deletion of the Aristocrat Pear- This is similar to a Bradford Pear (deleted from
palette in 2001) in that it has problems with limb breakage.
• Deletion of the Crabapple Tree- has problems with bores.
• Addition of the Chitalpa – This is a hybrid between a Desert Willow and Southern
Catalpa. Likes heat, is fast growing, drought tolerant, has low water needs and is
deciduous.
• Addition of the Rose of Sharon (Althea) – This is a Texas Smartscaping Plant
with low water needs, full sun and partial shade.
The recommended changes to the Shrubs are as follows:
• Deletion of the Boxwood – Has problems with insects and disease.
• Addition of the Chinese Privet – This is a semi-evergreen shrub/small tree that
flourishes in this area.
• Addition of the Dwarf Burning Bush – This is a Texas Smartscaping Plant with
low/medium water needs.
• Addition of Earth-kind Roses- Full sun/ light shade with low water needs and
would include Knockout Roses that are currently being used.
ITEM # 8
Page 4 of 4
• Addition of Forsythia – Texas Smartscaping plant that is deciduous, requires full
sun/partial shade and is a low to medium water user.
• Deletion of the Leatherleaf Mahonia – This is a very difficult plant to grow in this
area.
• Addition of Soft Leaf Yucca – Has excellent heat and drought tolerance.
There are two recommended deletions to the Groundcover category-Arkansas Yucca
and Germander.
The recommended changes to the Grasses are as follows:
• Addition of Buffalo Grass – Texas Smartscaping plant that has low water needs
and will remain green with less than ½ the water as Bermuda.
• Addition of Dwarf Hameln grass, Little Bunny and Mexican Feather grass which
are now being cultivated and sold in nurseries.
Another recommended update to the Landscape Section of the Zoning Ordinance is to the
interior (parking lot) landscaping area requirement. Currently, landscape islands
within a parking area are required to have grass or groundcover and an overstory tree.
Allowing for the use of mulch as an option while still providing an overstory tree in this
situation would promote xeriscaping. This would be appropriate for smaller islands
under 200 square feet or double-stacked islands of 400 square feet or smaller.
RECOMMENDATION:
Staff is recommending APPROVAL of the Plant Palette revisions and the mulching option to be added to
Article 34, Landscaping Regulations of the Zoning Ordinance.
ATTACHMENTS:
1. Plant Palette Survey with Recommended Revisions
Plant PaletteLow Water/ Medium Water Texas SmartscapeNick Nelson's Comments (Streetscaping Related) Dave Baldwin's Comments Brian Adam's Comments Parks Comments Miscellaneous Comments & NotesAustrian Pine Pinus nigrayBald Cypress Taxodium distichumy MW/HW No- knees are problemEven though knees are problem, still may have other applicable uses.Big Tooth Maple Acer grandidentatumyNo- soilsLeave-in although rarely usedBur Oak Quercus macrocarpayLWGood treeCedar Elm Ulmus crassifoliayLWChinese Pistache Pistacia chinensisyGood treeChinquapin Oak Quercus muhlenbergiiyLWGood treeCommon PersimmonDiospyros virginianay Also- large fruitDelete this, but keep Texas Persimmon as an acceptable accent treeEldarica Pine (Afghan Pine) Pinus eldaricayLWWill loose lower limbs w/ ageGood treeGreen Ash "Marshall Seedless" Fraxinus pennsylvanicayDelete (not a quality tree in this area)Lacebark (Drake) Elm Ulmus parvifolia sempervirensyLWDelete "Drake" (too strong of winds in this area) Drake' / 'Allee' / Bosque'Lacey Oak (from Texas Smartscape) Quercus laceyinLWAdd Deciduous, full sun, low waterLive Oak Quercus virginianay LW Gets wider than heightAdd 'High Rise' has a more veritcal growth habit. Good treePecan Carya illinoinensisyLWGood treePond Cypress Taxodium ascendensyOK- but as 2nd optionGood treeRed Maple "October Glory" Acer Rubrum "October Glory"y Don't use due to soilsDelete (soils too alkaline in this area)we have had some sucess with these. I would keep Delete (heat problems) Planning Commission wants to leave-inShumard Red Oak Quercus shumardiyLWGood treeSouthern Magnolia Magnolia grandiflorayMWDD Blanchard' / Greenback / 'Claudia Wanamaker' Good treeSweet GumLiquidambar styracifluayDeleteTexas Ash Fraxinus texensisyLWGood treeTexas Red Oak Quercus buckleyiyLWNot familiar withUrbanite AshFraxinus pennsylvanicayGreen AshMarshall Seedless'Consolidate to Green AshWestern SoapberrySapindus drummondiiyLWDelete, not a good treeAmerican Smoketree Cotinus abovatusyLeave-inAristrocrat PearPyrus calleryana "Aristocrat"yDelete (same problems as Bradford Pear)not a fan of this tree type, weak wooded and over used in the 80's DeleteCarolina Buckthorn Thamnus carolinianayLW/MWAvailabilityGood treeCarolina Cherry Laurel Prunus carolinianayChaste TreeVitex agnus-castusyRename to VitexChitalpa X Chitalpas tashkentensisnLWChitalpa (Chitalpa 'spp') Cross between Cghitalpa and Desert Willow AddCrabappleMalus augustifolia or spp.yNo gets bores here. Delete (gets bores)Crapemyrtle Lagerstroemia indicayLWDeciduous Holly (Possumhaw)Ilex deciduayLWDesert Willow Chilopsis linearisyLWEast Palatka Holly Ilex x attenuata "East Palatka"yBetter choices than thisEastern Red Cedar Juniperus virginianayLW Visibility concern Move to accent trees Move to accent trees Moved from Overstory TreesEastern Redbud Cercis canadensisyLWDoes poorly w/ reflected heatLeave-in"Redbud" included in Texas Smartscaping ListOverstory Trees: Range 20--60'Accent Trees: Range 10--20'
Plant PaletteLow Water/ Medium Water Texas SmartscapeNick Nelson's Comments (Streetscaping Related) Dave Baldwin's Comments Brian Adam's Comments Parks Comments Miscellaneous Comments & NotesFlameleaf Sumac Rhus copallinay Smooth Sumac included in Texas Smartscaping ListFoster Holly Ilex x attenuatta "Foster"yMWJapanese Maple Acer palmatumyShade (full) onlyLeyland Cypress Cupressocyparis leylandiyOK- if you have roomMove to accent treesMexican Buckeye Ungnadia speciosayLWMexican Plum Prunus mexicanayLWAmanda Vanhoozier - delete will colonize same as WildPlumNellie R. Stevens' Holly Ilex x "Nellie R. Stevens"y MW ShadeNellie R Stevens Holly (illex x attenuata) should be added Move to accent trees Evergreen, 20' high, 20' spreadRedbud "Forest Pansy" Cercis canandensisyLWNo- needs shade, reflected heat issuesLeave-inRedbud "Oklahoma" Cercis yexensisy?Leave-inRough-Leaf Dogwood Cornus drummondiiyLWAvailabilityRose of Sharon (Althea) (from Texas Smartscaping)Hibisucus syriacusLWTree/Shrub, low water, deciduous, full sun/partial shade, 15' high, 10' spreadRusty Blackhaw Viburnum Viburnum rufidulumyLWAvailabilityLeave-inSavannah Holly Ilex "Savannah"yNoLeave-inSouthern Magnolia "Little Gem" Magnolia grandiflora "Little Gem"yMW/HWNoLeave-inSouthern Wax Myrtle Myrica ceriferayMWNoLeave-inTexas Persimmon Diospyros texanayLWGolf ball sized fruitTexas Redbud Cercis canadensis var. texensisyLWTexas Sophora (Eve's Necklace) Sophora affinisyN/A Limited selectionsRename "Eve's Necklace"Vitex (Chaste Tree) Vitex agnus-castusyRename to VitexWashington Hawthorn Crataegus phaenopyrumyLWAvailabilityLeave-inWeeping Yaupon HollyIlex vomitoria "Pendula"yNoRename "Yaupon Holly" TreeWild PlumPrusus americanayWill colonizeDeleteYaupon Holly Ilex vomitoriayLW/MWAbelia Abelia grandiflorayLWAbelia "Edward Goucher" Abelia grandiflora "Edward Goucher"yLWConsolidate to AbeliaAmerican Beautyberry Callicarpa americanayLW/MWAromatic Sumac Rhus aromaticayLWAucuba Aucuba japonicayHWShade onlytoo ugly!BoxwoodBuxus microphyllayNo- bugs & diseaseDeleteCarissa Holly Illex cornuta "Carissa"yChinese Fringe Flower Loropetalum chinese "Hines Purpleaf"yRubrum and 'Plum Delight'. new smaller variety out; 'Diamond' Rename "Loropetalum"Chinese Privet Ligustrum sinense 'variegata'nChinese Privet (Ligustrum sinense 'Variegata') should be added. Commonly used, large, variegated shrub that grow well around here Add Considered invasive in some areasCleyera Ternstroemia gymnantherayMWIndependently mindedLeave-inCompact NandinaNandina d. compactayLWConsolidate to NandinaCoralberry Symphoricarpos orbiculatusyLWDwarf Abelia Abelia grandiflora "Compacta"yMWDwarf Burford Holly Ilex cornuta "Burfordii Nana"yMWDwarf Burning Bush (from Texas Smartscaping)Euonymus alatus 'Compactus'nLW/MWDeciduous, 4' high, 5' spread, full sunDwarf Chinese Holly Ilex cornuta "Rotunda"yMWThese will bite, collects trashShrubs: Range 3--5'
Plant PaletteLow Water/ Medium Water Texas SmartscapeNick Nelson's Comments (Streetscaping Related) Dave Baldwin's Comments Brian Adam's Comments Parks Comments Miscellaneous Comments & NotesDwarf Crapemyrtle Lagerstroemia indica "Nana"yLW/MWDwarf Wax Myrtle Myrica pusillayMWDon's Dwarf'Dwarf Yaupon Holly Ilex vomitoria "Nana"yLW/MWElaeagnus Elaeagnus pungensyLWCan get bigFlowering Quince Chaenomeles japonicayLWForsythia (from Texas Smartscaping) ForsythianLW/MWDeciduous, 6' high, 5' spread, full sunGulfstream NandinaNandina domestica "Gulfstream"yLWConsolidate to NandinaHarbour Dwarf Nandina Nandina domesticyLWMoved from Tree SectionIndian HawthornRhapiolepsis indicayMWLeave-inJuniper Juniperus chinensisyLWBe careful- can get big; bagworms"Sea-green" is okayEathkind RosesnKnockout Roses - trendy. A&M developing multiple varieties. Low water, but not found on Texas Smartscaping Plant palleteLady Banks Rose Rosa banksiaeyMove to Shrub SectionLeatherleaf MahoniaMahonia bealeiyLWNo Hard to grow here.Loropetalum Loropetalum chinese "Hines Purpleaf"yRubrum and 'Plum Delight'. new smaller variety out; 'Diamond' Rename to "Loropetalum" Was listed as Chinese Fringe Flower.Nandina Nandina domesticayLWDwarf Needlepoint Holly Ilex cornuta "Needlepoint"y MarginalShould be "Needlepoint Holly" (not dwarf) Delete "Dwarf" from nameOakleaf Hydrangea Hydrangea quercifolia erhthrosoayMWshadePampas Grass Cortaderia selloanayMW"Dwarf Pampas Grass" is on Texas Smartscaping ListRed-leafed Japenese Barberry Berberis thunbergii "Atropurpurea"yMWRed Yucca Hesperaloe parviflorayLWneed to add 'Softleaf Yucca'Rose Glow BarberryLeucophyllum frutescens Berberis thunbergii ‘Rose Glow’yMWCheck latin name"Crimson Pygmy Barberry" is on Texas Smartscaping ListSoft Leaf Yucca Yucca recurvifolianSoft Leaf Yucca should be addedSpirea Spirea spp.yLW/MWNeon Flash' is a great bloomerGood ShrubTam Juniper Juniperus sabina "tamariscifolia"yWill get 5'-6' highMove to Shrub SectionWas listed as a ground coverTexas Sage Leucophyllum frutescensy LW Does not like to be irrigatedCultivars: 'Compactum' and 'Green Cloud', yellows out under heavy watering.Variegated Ligustrum Lugustrum lucidum variegatayHardinessRemove"Variegated"Arkansas YuccaCarex texensisy?DeleteAsian Jasmine Trachaelospermum asiaticumyMWBar Harbor Trailing Juniper Juniperus horizontalis "Bar Harbor"yUse sparinglyBlue Pacific Trailing Juniper Juniperus conferta "Blue Pacific"yUse sparinglyGermanderTeucrium chamaedrysy?DeleteHolly Fern Cyrtomium falcatumyMWShade shadeHorseherb Calyptocarpus vialisyLWNo, No, No great for shadeLeave-inLiriope Liriope muscariyMWMondograss (monkeygrass)Ophiopogon japonicusyLWshadeDelete (Monkeygrass) Leave in MondograssMoneywort Lysimachia nummulariayPurple Wintercreeper Euonymus fortunei "Colorata"yTam JuniperJuniperus sabina "tamariscifolia"yWill get 5'-6' highMove to shrubsVinca Vinca MajoryNoLeave-in (shade)Ground Cover: Range 18"
Plant PaletteLow Water/ Medium Water Texas SmartscapeNick Nelson's Comments (Streetscaping Related) Dave Baldwin's Comments Brian Adam's Comments Parks Comments Miscellaneous Comments & NotesWood Fern Dryopteris normalisyShade shade Leave-in Wood Violets Viola missouriensisyLW?Leave-inBoston Ivy Parthenocissus tricuspidatay LW/MWUsually best on north or east exposures Cultivar 'Lowii' Good vineCarolina Jessamine Gelsemium sempervirensypoisoniousagreeCoral Honeysuckle Lonicera sempervirensyLWCross Vine Anisotichus capreolatayLWHardinessEnglish Ivy Hedera helixyShadeFig Ivy Ficus pumilayNocan freeze but real good for coverPassion Vine Passiflora incarnataySpecialty plantsSweet Autumn Clematis Clematis paniculatayNeeds its feet shadedSpecialty plantsTrumpet Vine Campsis radicansyLWAggressiveVirginia Creeper Parthenocissus quinquefoliayWisteria Wisteria sp.yCan get big (caliper) and heavyBuffalo Grass Bouteloua dactyloidesnLWBuffalo Grass (Bouteloua dactyloides ) should be added)Canadian Wildrye Elymus canadensisyMWLeave-in (Not familiar with)Dwarf Hamelngrass Pennisetum alopecuroides 'Hameln'nMWADD: Dwf. Hameln Add Dwarf HamelngrassInland Seaoats Chasmanthium latifoliumyMWLittle Bluestem Schizachyrium scopariumyLWLittle Bunny Pennisetum 'Little Bunny'nADD: Little BunnyAdd Little BunnyLovegrass Eragrostis sp.yMexican Feathergrass Nasella tenuissimanMexican Feathergrass (Nasella tenuissima) should be added. Add Mexican Feathergrass Miscanthus Grass (Maiden Grass)Miscanthus sinensisyMWAdd "Grass"Muhly Muhlenbergia sp.yMWADD: LindheimerLindheimer is a variety of MulyPampas Grass Cortaderia selloanayMWSideoats Grama Bouteloua curtipendulayAdd verbiage stating "based on review and approval by city staff,other species or varieties may be considered".Agree with David's comment Agree with statement. Should be added Vines:Grasses:Perennial and Annual Flowers:The planting of annual and perennial flowers compatible in the Coppell geographic area is permitted to provide for color and variation within landscape design. Commonly used at entry features in retail, commercial, office industrial developments.
Date: December 13, 2011
From: Mindi Hurley, Economic Development Coordinator
RE: Wrangler Center, LP – Public Hearing and Ordinance
Wrangler Center, LP will construct an 85,500 square foot building at 162 Wrangler
Drive. Lanvera LTD will lease approximately 42,750 square feet of space from this
building for the corporate headquarters and warehouse for Lanvera. Lanvera is a leading
document outsourcing company that specializes in invoice processing, electronic billing,
statement processing, patient billing, collection letters, 1099s, health care billing and the
delivery of other business critical documents via print/mail and electronic delivery.
The Economic Development Committee unanimously recommended approval of a 75%
abatement of real property for Wrangler Center, LP for a period of 5 years and a 75%
abatement of business personal property for Lanvera LTD for a period of 5 years.
In order to grant a tax abatement, a reinvestment zone must be created by ordinance. In
order to create a reinvestment zone by ordinance, a public hearing must be held. This
item satisfies both of those requirements. The public hearing is held to determine if the
improvements in the zone are feasible, practical and of benefit to the land. The public
hearing notice was published in the Citizens’ Advocate on Friday, December 2, 2011, as
required by Chapter 312 of the Texas Property Code. The 6.102 acre tract of land
included within the boundaries of this zone is located north of Wrangler Drive and west
of Belt Line Road. The legal description for the property is Block 5, Lot 3 of the Park
West Commerce Center Addition.
NOTICE OF PUBLIC HEARING
OF DESIGNATION OF REINVESTMENT ZONE
A PUBLIC HEARING will be conducted by the City Council of the City
of Coppell, Texas, in the Council Chambers, Town Center, 255
Parkway Boulevard, Coppell, Texas on the 13th day of December,
2011, at 7:30 P.M., to consider designation of the property
described as Block 5, Lot 3, Park West Commerce Center Addition
(6.102 acres), located north of Wrangler Dr., west of Belt Line
Rd., Coppell, Texas, Wrangler Center, LP, as a Reinvestment Zone
under Chapter 312 of the Texas Property Tax Code.
The Council will seek to determine whether the improvements sought
to be made in the zone are feasible and practical and will be a
benefit to the land included in the zone and to the City after the
expiration of a tax abatement agreement to be entered into
pursuant to Section 312.204 of the Texas Property Tax Code.
At the hearing, interested persons are entitled to speak and
present evidence for or against the designation.
Citizens Advocate December 2, 2011
PUBLIC NOTICE STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply
with the Americans With Disabilities Act of 1990. Thus, in order
to assist individuals with disabilities who require special
services (i.e., sign interpretative services, alternative
audio/visual devices, and amanuenses) for participation in or
access to the City of Coppell sponsored public programs, services
and/or meetings, the City requests that individuals make requests
for these services forty-eight (48) hours ahead of the scheduled
program, service and/or meeting. To make arrangements, contact
Vivyon V. Bowman, ADA Coordinator or other designated official at
(972) 462-0022, or (TDD 1-800-RELAY, TX, 1-800-735-2989).
1
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
DESIGNATING REINVESTMENT ZONE NO. 67 (WRANGLER CENTER,
LP); PROVIDING ELIGIBILITY OF THE ZONE FOR COMMERCIAL-
INDUSTRIAL TAX ABATEMENT; CONTAINING FINDINGS THAT THE
AREA QUALIFIES TO BE DESIGNATED AS A REINVESTMENT ZONE
AND THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND
PRACTICABLE AND OF BENEFIT TO THE LAND AND THE CITY;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, has caused notice to be
published in a newspaper having general circulation in the City and has delivered such notice to the
presiding officer of the governing body of each taxing unit that includes in its boundaries real
property described herein; and
WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing
on the designation of the area described herein as a reinvestment zone;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS, THAT:
SECTION 1: The City Council of the City of Coppell, Texas, finds that the area described
herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the retention
or expansion of primary employment, or to attract major investment in the zone that will be of
benefit to the property and contribute to the economic development of the City. The City Council
further finds that the improvements sought are feasible and practicable and would be of benefit to
the land to be included in the zone and to the City after the expiration of a tax abatement agreement.
SECTION 2. Pursuant to the provisions of Section 312.201 of the Texas Tax Code, the
property described in Exhibit “A” attached hereto and made a part hereof for all purposes is hereby
designated as a reinvestment zone and for identification is assigned the name “Reinvestment Zone
No. 67 Lanvera, Ltd.”.
2
SECTION 3. The property within Reinvestment Zone No. 67 is eligible for commercial-
industrial tax abatement effective on January 1, 2011.
SECTION 4. If any article, paragraph or subdivision, clause or provision of this Ordinance
shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this
Ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or
unconstitutional.
SECTION 5. All provisions of ordinances of the City of Coppell, Texas, in conflict with
the provisions of this Ordinance be, and the same are hereby, repealed, and all other provisions not
in conflict with the provisions of this Ordinance shall remain in full force and effect.
SECTION 6. This Ordinance shall take effect immediately from and after its passage, as
the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, on the ______ day of
___________________, 2011.
APPROVED:
DOUGLAS N. STOVER, MAYOR
ATTEST:
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
(PGS:11-23-11:TM 51059)
3
Exhibit “A”
(Legal Description of Land
to be attached)
Date: December 13, 2011
From: Mindi Hurley, Economic Development Coordinator
RE: Wrangler Center, LP and Lanvera LTD. - Resolution
Wrangler Center, LP will construct an 85,500 square foot building at 162 Wrangler
Drive. Lanvera LTD will lease approximately 42,750 square feet of space from this
building for the corporate headquarters and warehouse for Lanvera. Lanvera is a leading
document outsourcing company that specializes in invoice processing, electronic billing,
statement processing, patient billing, collection letters, 1099s, health care billing and the
delivery of other business critical documents via print/mail and electronic delivery.
Lanvera will employ approximately 41 people at this facility.
Reinvestment Zone No. 67 will be created for Wrangler Center, LP by ordinance on
December 13, 2011. The resolution and abatement that coincide with that reinvestment
zone will grant a 75%, 5 year tax abatement on the real property for Wrangler Center, LP
and a 75%, 5 year tax abatement on business personal property for Lanvera LTD.
1
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE
TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND
BETWEEN THE CITY OF COPPELL, TEXAS, WRANGLER CENTER, L.P., AND
LANVERA, LTD.; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by
and between the City of Coppell, Texas, Wrangler Center, L.P., and Lanvera, Ltd., a copy of which
is attached hereto and incorporated herein by reference; and
WHEREAS, upon full review and consideration of the Agreement, and all matters related
thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be
approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City
of Coppell, Texas;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS, THAT:
SECTION 1. The Agreement attached hereto having been reviewed by the City Council of
the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its
citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to
execute the Agreement on behalf of the City of Coppell, Texas.
SECTION 2. The Council finds that the improvements proposed to be built upon the
Premises described in the Agreement will enhance the economic vitality of the community
through a combination of new capital investment, increased sales tax revenues, and the creation
of additional job opportunities.
SECTION 3. The tax abatement to be granted by the Agreement will not include
inventory, and supplies.
SECTION 4. The improvements proposed for the Premises will accomplish the tax
abatement guidelines of the City of Coppell, Texas.
2
SECTION 5. The City Manager delivered to the presiding officer of the governing body
of each taxing unit in which the property subject to the Agreement is located, a written notice
that the City of Coppell, Texas, intends to enter into the Agreement. The notice given by the
City Manager included a copy of the Agreement approved by this Resolution.
SECTION 6. This Resolution and the Tax Abatement Agreement are hereby approved
by the affirmative vote of the majority of the members of the City Council of the City of
Coppell, Texas, at a regularly scheduled meeting of the City Council.
SECTION 7. This Resolution shall become effective immediately from and after its
passage.
DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas,
on this the ______ day of ________________, 2011.
CITY OF COPPELL, TEXAS
___________________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
___________________________________________
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
(PGS:11-23-11:TM 51058)
3
Exhibit “A”
(copy of Tax Abatement Agreement
to be attached)
Page 1 Tax Abatement Agreement
City of Coppell and Lanvera, Ltd. (TM 51056)
STATE OF TEXAS §
§ TAX ABATEMENT AGREEMENT
COUNTY OF DALLAS §
This Tax Abatement Agreement (the “Agreement”) is entered into by and among the City of
Coppell, Texas (the “City”), and Wrangler Center, LP, a Texas limited partnership (“Owner”) and
Lanvera LTD a Texas limited partnership (the “Lessee”) acting by and through their authorized
representatives.
W I T N E S S E T H:
WHEREAS, the City Council of the City of Coppell, Texas, (the “City”), passed an
Ordinance (the “Ordinance”) establishing Tax Abatement Reinvestment Zone No. 67 (the “Zone”),
for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax
Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the “Tax Code”); and
WHEREAS, the City has adopted guidelines for tax abatement (the “Tax Abatement
Guidelines”); and
WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria
governing tax abatement agreements to be entered into by the City as contemplated by the Tax
Code; and
WHEREAS, the City has adopted a resolution stating that it elects to be eligible to
participate in tax abatement; and
WHEREAS, in order to maintain and enhance the commercial and industrial economic and
employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter
into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax
Code; and
WHEREAS, Owner owns or is under contract to purchase approximately 6.102 acres of
land at 162 Wrangler Drive, Coppell, Texas, being further described in Exhibit “A” (“Land”), and
intends to construct an office building containing 85,500 square feet of space (hereinafter defined as
the “Improvements”) on the Land; and
WHEREAS, Owner intends to lease approximately 42,750 square feet of office space in the
Improvements to the Lessee for a period of at least five (5) years (hereinafter defined as the
“Lease”), and intends to lease the remaining space to other tenants; and
WHEREAS, the Lessee intends to enter into the Lease and locate Tangible Personal
Property at the Leased Premises (hereinafter defined); and
WHEREAS, Owner’s development efforts described herein will create permanent new jobs
in the City; and
Page 2 Tax Abatement Agreement
City of Coppell and Lanvera, Ltd. (TM 51056)
WHEREAS, the City Council finds that the contemplated use of the Premises (hereinafter
defined), the contemplated Improvements thereto in the amount set forth in this Agreement, and the
other terms hereof are consistent with encouraging development of the Zone in accordance with the
purposes for its creation and/or in compliance with the Tax Abatement Guidelines, the Ordinance
adopted by the City, the Tax Code and all other applicable laws; and
WHEREAS, the City Council finds that the Improvements sought are feasible and
practicable and would be of benefit to the Premises to be included in the Zone and to the City after
expiration of this Agreement; and
WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the
Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the
Premises is located; and
NOW, THEREFORE, in consideration of the mutual benefits and promises contained
herein and for good and other valuable consideration, the adequacy and receipt of which is hereby
acknowledged, including the expansion of primary employment, the attraction of major investment
in the Zone, which contributes to the economic development of Coppell and the enhancement of the
tax base in the City, the parties agree as follows:
Article I
Definitions
Wherever used in this Agreement, the following terms shall have the meanings ascribed
to them:
“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.
“Base Year Taxable Value” shall mean the Taxable Value for the Land for the year in
which the Tax Abatement Agreement is executed.
“Commencement of Construction” shall mean that: (i) the plans have been prepared and
all approvals thereof and permits with respect thereto required by applicable governmental
authorities have been obtained for construction of the Improvements; (ii) all necessary permits
for the construction of the Improvements, on the Land pursuant to the respective plans therefore
having been issued by all applicable governmental authorities; and (iii) grading of the Land or
the construction of the vertical elements of the Improvements has commenced.
Page 3 Tax Abatement Agreement
City of Coppell and Lanvera, Ltd. (TM 51056)
“Completion of Construction” shall mean: (i) substantial completion of the
Improvements; and (ii) a final certificate of occupancy has been issued for the Improvements.
“Effective Date” shall mean the last date of execution of this Agreement, unless the
context indicates otherwise.
“First Year of Abatement” shall mean January 1 of the calendar year immediately
following the date of Completion of Construction.
“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 the office building containing approximately 85,500 square
feet of space to be constructed on the Land and other ancillary facilities such as reasonably
required parking and landscaping more fully described in the submittals filed by Owner with the
City, from time to time, in order to obtain a building permit(s).
“Land” means the real property described in Exhibit “A”.
“Lease” means the lease by and between the Lessee and Owner for 42,750 square feet of
office space in the Improvements.
“Leased Premises” means 42,750 square feet of office space in the Improvements.
“Lessee” means Lanvera LTD a Texas limited partnership.
“Owner” shall man Wrangler Center, LP, a Texas limited partnership.
“Premises” shall mean collectively, the Land and Improvements following construction
thereof, but excluding the Tangible Personal Property.
“Tangible Personal Property” shall mean tangible personal property, equipment and
fixtures, including inventory and supplies (but excluding Freeport Goods and Goods in Transit)
owned or leased by Lessee that is added to the Improvements subsequent to the execution of this
Agreement.
Page 4 Tax Abatement Agreement
City of Coppell and Lanvera, Ltd. (TM 51056)
“Taxable Value” means the appraised value as certified by the Appraisal District as of
January 1 of a given year.
Article II
General Provisions
2.1 Owner is the owner of, the Land, which Land is located within the city limits of the
City and within the Zone. Owner intends to construct the Improvements on the Land. Lessee
intends to enter into the Lease and locate Tangible Personal Property thereon.
2.2 The Premises are not in an improvement project financed by tax increment bonds.
2.3 This Agreement is entered into subject to the rights of the holders of outstanding
bonds of the City.
2.4 The Premises 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 Owner and Lessee shall each, before May 1, of each calendar year that the
Agreement is in effect, certify in writing to the City that it is in compliance with each term of the
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, and provided the combined
Taxable Value for the Improvements and the Tangible Personal Property, excluding the Land, is at
least $3 Million Dollars ($3,000,000.00) as of January 1 of the First Year of Abatement and as of
January 1 of each year thereafter that this Agreement is in effect, the City hereby grants Owner an
abatement of seventy-five percent (75%) of the Taxable Value of the Improvements and grants the
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 Abatement.
The actual percentage of Taxable Value of the Improvements subject to abatement for each year this
Agreement is in effect will apply only to the portion of the Taxable Value of the Improvements that
exceeds the Base Year Taxable Value. The actual percentage of Taxable Value of the Tangible
Page 5 Tax Abatement Agreement
City of Coppell and Lanvera, Ltd. (TM 51056)
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.
3.3 The period of tax abatement herein authorized shall be for a period of five (5)
consecutive years.
3.4 During the period of tax abatement herein authorized, Owner and Lessee shall each
be subject to all taxation not abated, including but not limited to, sales tax and ad valorem taxation
on land.
3.5 The Owner agrees to continuously own the Premises for a period of at least five
(5) years beginning with the First Year of Abatement. The Lessee agrees to continuously lease
and occupy the Leased Premises for a period of at least five (5) years beginning with the First
Year of Abatement
3.5 Fee Waivers. The City agrees to waive fifty percent (50%) of building permit
fees and inspection fees for the development of the Improvements, specifically excluding
roadway, water and waste water impact fees, assessed against the Land, which shall be refunded
to the Owner following completion of the related portion of the Improvements in accordance
with City policy, for the period beginning on the Effective Date and continuing until the
Expiration Date.
3.6 The term of this Agreement shall begin on the Effective Date and shall 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.
Article IV
Improvements
4.1 Owner owns or is under contract to purchase the Land and intends to construct or
cause to be constructed thereon the Improvements. Lessee intends to enter into the Lease and locate
Tangible Personal Property thereon. Nothing in this Agreement shall obligate Owner to construct
the Improvements on the Land, or for the Lessee to enter into the Lease and to locate Tangible
Personal Property thereon, but said actions are conditions precedent to tax abatement for such
parties pursuant to this Agreement.
4.2 As a condition precedent to the initiation of the Owner’s tax abatement pursuant to
this Agreement, Owner agrees, subject to events of Force Majeure, to cause Commencement of
Construction of the Improvements to occur within sixty (60) days after the Effective date and
subject to events of Force Majeure to cause Completion of Construction of the Improvements to
occur within nine (9) calendar months after the Effective Date, as good and valuable consideration
for this Agreement, and that all construction of the Improvements will be in accordance with all
applicable state and local laws, codes, and regulations, (or valid waiver thereof).
Page 6 Tax Abatement Agreement
City of Coppell and Lanvera, Ltd. (TM 51056)
4.3 Construction plans for the Improvements constructed on the Land will be filed with
the City, which shall be deemed to be incorporated by reference herein and made a part hereof for
all purposes.
4.4 Owner and Lessee each agree to maintain the Improvements during the term of this
Agreement in accordance with all applicable state and local laws, codes, and regulations. The City
acknowledges that Owner intends to lease a portion of the Improvements and such tenants shall
use the Improvements for office uses.
4.5 The City, its agents and employees shall have the right of access to the Premises
during construction to inspect the Improvements at reasonable times and with reasonable notice to
Owner and Lessee, and in accordance with visitor access and security policies of the Owner and
Lessee, in order to insure that the construction of the Improvements are in accordance with this
Agreement and all applicable state and local laws and regulations (or valid waiver thereof).
Article V
Default: Recapture of Tax Revenue
5.1 In the event Owner fails to cause Completion of Construction of the Improvements
in accordance with this Agreement or in accordance with applicable State or local laws, codes or
regulations, or in the event the Owner or Lessee: (i) has delinquent ad valorem or sales taxes owed
to the City (provided Owner and Lessee each retains its right to timely and properly protest such
taxes or assessment); (iii) has an event of Bankruptcy or Insolvency; or (iv) breaches any of the
terms and conditions of this Agreement, then such party after the expiration of the notice and cure
periods described below, shall be in default of this Agreement (the “Defaulting Party”). As
liquidated damages in the event of such default, the Defaulting Party shall, within thirty (30) days
after demand, pay to the City all taxes which otherwise would have been paid by the Defaulting
Party to the City without benefit of a tax abatement for the respective property owned by such
Defaulting Party, the subject of this Agreement, (the Improvements or the Tangible Personal
Property, as the case may be) at the statutory rate for delinquent taxes as determined by Section
33.01 of the Tax Code as amended but without penalty. The parties acknowledge that actual
damages in the event of default termination would be speculative and difficult to determine. The
parties further agree that any abated tax, including interest as a result of this Agreement, shall be
recoverable against the Defaulting Party, its successors and assigns and shall constitute a tax lien
against the Premises or the Tangible Personal Property, as the case may be, and shall become due,
owing and shall be paid to the City within thirty (30) days after notice of termination.
5.2 Upon breach by Owner and/or the Lessee of any of the obligations under this
Agreement, the City shall notify such Defaulting Party 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 Defaulting Party has diligently pursued such remedies
as shall be reasonably necessary to cure such default, then the City may extend the period in which
the default must be cured.
Page 7 Tax Abatement Agreement
City of Coppell and Lanvera, Ltd. (TM 51056)
5.3 If the Defaulting Party fails to cure the default within the time provided as specified
above or, as such time period may be extended, then the City at its sole option shall have the right to
terminate this Agreement with respect to such Defaulting Party (the “Terminated Party”), by written
notice to the Terminated Party.
5.4 Upon termination of this Agreement by City, all tax abated as a result of this
Agreement, shall become a debt to the City as liquidated damages, and shall become due and
payable not later than thirty (30) days after a notice of termination is 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 Improvements and the Tangible Personal Property, as the
case may be, without tax abatement for the years in which tax abatement hereunder was received by
the Terminated party, as determined by the Appraisal District, multiplied by the tax rate of the years
in question, as calculated by the City Tax Assessor-Collector. The liquidated damages shall incur
penalties as provided for delinquent taxes and shall commence to accrue after expiration of the
thirty (30) day payment period.
Article VI
Annual Application for Tax Exemption
It shall be the responsibility of the Owner and the Lessee pursuant to the Tax Code, to each
file an annual exemption application form for the party’s respective property with the Chief
Appraiser for each Appraisal District in which the eligible taxable property has situs. A copy of the
respective exemption application shall be submitted to the City upon request.
Article VII
Annual Rendition
The Owner shall annually render the value of the Improvements and the Lessee shall
annually render the value of the Tangible Personal Property to the Appraisal District, and to 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 8 Tax Abatement Agreement
City of Coppell and Lanvera, Ltd. (TM 51056)
If intended for Lessee, to:
Attn: John L. Baldridge, III
President
Lanvera Group, Inc.
Lanvera LTD’s, General Partner
13755 Hutton Drive, Suite 100
Farmers Branch, Texas 75234
If intended for Owner, to:
Attn: John L. Baldridge, III
President
Lanvera Group, Inc.
Wrangler Center, LP’s, General
Partner
13755 Hutton Drive, Suite 100
Farmers Branch, Texas 75234
If intended for City, to:
Attn: City Manager
City of Coppell, Texas
P. O. Box 478
Coppell, Texas 75019
With a copy to:
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
8.2 Authorization. This Agreement was authorized by resolution of the City Council
approved by its Council meeting authorizing the Mayor to execute this Agreement on behalf of the
City.
8.3 Severability. In the event any section, subsection, paragraph, sentence, phrase or
word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand,
shall be enforceable and shall be read as if the parties intended at all times to delete said invalid
section, subsection, paragraph, sentence, phrase or word.
8.4 Governing Law. This Agreement shall be 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.
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.
Page 9 Tax Abatement Agreement
City of Coppell and Lanvera, Ltd. (TM 51056)
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 by the Owner and/or the Lessee
without the prior written consent of the City Manager which consent shall not be unreasonably
withheld, conditioned or delayed.
8.10 Employment of Undocumented Workers. During the term of this Agreement, the
Owner and Lessee each agree not to knowingly employ any undocumented workers and if
convicted of a violation under 8 U.S.C. Section 1324a (f), the Owner and Lessee each shall repay
the taxes for their respective property abated herein and any other funds received by the Owner
and the Lessee from the City as of the date of such violation within 120 days after the date the
Owner or the Lessee, as the case may be, is notified by the City of such violation, plus interest at
the rate of 6% compounded annually from the date of violation until paid.
8.11 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 10 Tax Abatement Agreement
City of Coppell and Lanvera, Ltd. (TM 51056)
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.
LANVERA, LTD.
By: Lanvera Group, Inc.
General Partner of Lanvera LTD
By:_______________________________________
John L. Baldridge, III
President
EXECUTED in duplicate originals the ____ day of _______________, 2011.
WRANGLER CENTER, LTD.
By: Lanvera Group, Inc.
General Partner of Wrangler Center LTD
By:_______________________________________
John L. Baldridge, III
President
Page 11 Tax Abatement Agreement
City of Coppell and Lanvera, Ltd. (TM 51056)
Page 12 Tax Abatement Agreement
City of Coppell and Lanvera, Ltd. (TM 51056)
Exhibit “A”
Legal Description of Land
To Be Attached
Block 5, Lot 3 of the Park West Commerce Center Addition (6.102 acres)
Date: December 13, 2011
From: Mindi Hurley, Economic Development Coordinator
RE: Genera Corporation – Public Hearing and Ordinance
Genera Corporation will be leasing 150,000 square feet of space at 600 Freeport
Parkway. Genera Corporation will lease this space to serve as a warehouse and
distribution center for automotive parts. This new location is an expansion of an existing
Coppell business; however, Genera outgrew their existing space at 306 Airline Drive and
had to relocate to meet their expansion needs.
The Economic Development Committee unanimously recommended approval of a 75%
abatement of tangible personal property for a period of 5 years. The abatement
agreement will be brought forward for approval in January.
In order to grant a tax abatement, a reinvestment zone must be created by ordinance. In
order to create a reinvestment zone by ordinance, a public hearing must be held. This
item satisfies both of those requirements. The public hearing is held to determine if the
improvements in the zone are feasible, practical and of benefit to the land. The public
hearing notice was published in the Citizens’ Advocate on Friday, December 2, 2011, as
required by Chapter 312 of the Texas Property Code. The 26.659 acre tract of land
included within the boundaries of this zone is located north of Bethel Road and east of
Freeport Parkway. The legal description for the property is Block A, Lot 4 of the Duke-
Freeport Addition. The real property is owned by Duke Realty Corporation, but the zone
is being created for the tangible personal property abatement proposed for Genera
Corporation.
NOTICE OF PUBLIC HEARING
OF DESIGNATION OF REINVESTMENT ZONE
A PUBLIC HEARING will be conducted by the City Council of the City
of Coppell, Texas, in the Council Chambers, Town Center, 255
Parkway Boulevard, Coppell, Texas on the 13th day of December,
2011, at 7:30 P.M., to consider designation of the property
described as Block A, Lot 4, Duke-Freeport Addition (26.659
acres), located north of Bethel Road, east of Freeport Pkwy,
Coppell, Texas, Genera Corporation, as a Reinvestment Zone under
Chapter 312 of the Texas Property Tax Code.
The Council will seek to determine whether the improvements sought
to be made in the zone are feasible and practical and will be a
benefit to the land included in the zone and to the City after the
expiration of a tax abatement agreement to be entered into
pursuant to Section 312.204 of the Texas Property Tax Code.
At the hearing, interested persons are entitled to speak and
present evidence for or against the designation.
Citizens Advocate December 2, 2011
PUBLIC NOTICE STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply
with the Americans With Disabilities Act of 1990. Thus, in order
to assist individuals with disabilities who require special
services (i.e., sign interpretative services, alternative
audio/visual devices, and amanuenses) for participation in or
access to the City of Coppell sponsored public programs, services
and/or meetings, the City requests that individuals make requests
for these services forty-eight (48) hours ahead of the scheduled
program, service and/or meeting. To make arrangements, contact
Vivyon V. Bowman, ADA Coordinator or other designated official at
(972) 462-0022, or (TDD 1-800-RELAY, TX, 1-800-735-2989).
1
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
DESIGNATING REINVESTMENT ZONE NO. 68 (GENERA
CORPORATION); PROVIDING ELIGIBILITY OF THE ZONE FOR
COMMERCIAL-INDUSTRIAL TAX ABATEMENT; CONTAINING
FINDINGS THAT THE AREA QUALIFIES TO BE DESIGNATED AS A
REINVESTMENT ZONE AND THE IMPROVEMENTS SOUGHT ARE
FEASIBLE AND PRACTICABLE AND OF BENEFIT TO THE LAND AND
THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, has caused notice to be
published in a newspaper having general circulation in the City and has delivered such notice to the
presiding officer of the governing body of each taxing unit that includes in its boundaries real
property described herein; and
WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing
on the designation of the area described herein as a reinvestment zone;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS, THAT:
SECTION 1: The City Council of the City of Coppell, Texas, finds that the area described
herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the retention
or expansion of primary employment, or to attract major investment in the zone that will be of
benefit to the property and contribute to the economic development of the City. The City Council
further finds that the improvements sought are feasible and practicable and would be of benefit to
the land to be included in the zone and to the City after the expiration of a tax abatement agreement.
SECTION 2. Pursuant to the provisions of Section 312.201 of the Texas Tax Code, the
property described in Exhibit “A” attached hereto and made a part hereof for all purposes is hereby
designated as a reinvestment zone and for identification is assigned the name “Reinvestment Zone
No. 68 Genera Corporation”.
2
SECTION 3. The property within Reinvestment Zone No. 68 is eligible for commercial-
industrial tax abatement effective on January 1, 2011.
SECTION 4. If any article, paragraph or subdivision, clause or provision of this Ordinance
shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this
Ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or
unconstitutional.
SECTION 5. All provisions of ordinances of the City of Coppell, Texas, in conflict with
the provisions of this Ordinance be, and the same are hereby, repealed, and all other provisions not
in conflict with the provisions of this Ordinance shall remain in full force and effect.
SECTION 6. This Ordinance shall take effect immediately from and after its passage, as
the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, on the ______ day of
___________________, 2011.
APPROVED:
DOUGLAS N. STOVER, MAYOR
ATTEST:
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
(PGS:11-23-11:TM 52596)
3
EXHIBIT “A”
(Legal Description of Land)
Block A, Lot 4 of the Duke-Freeport Addition (26.659 acres)
Date: December 13, 2011
From: Mindi Hurley, Economic Development Coordinator
RE: Scentsy, Inc. – Public Hearing and Ordinance
Scentsy, Inc. will lease approximately 145,962 square feet of warehouse and distribution
space at 500 Freeport Parkway. Scentsy, Inc. will use this space for their line of home
goods and products.
The Economic Development Committee unanimously recommended a 75% abatement of
tangible personal property for a period of 5 years.
In order to grant a tax abatement, a reinvestment zone must be created by ordinance to
designate the boundaries of the reinvestment zone. In order to create a reinvestment
zone, a public hearing must be held. This item satisfies both requirements, and
Reinvestment Zone No. 69 will be created for Scentsy, Inc. The public hearing is held to
determine if the improvements in the zone are feasible, practical and of benefit to the
land. The public hearing notice was published in the Citizens’ Advocate on Friday,
December 2, 2011, as required by Chapter 312 of the Texas Property Code. The 49.566
acre tract of land included in this zone is located south of Ruby Road and east of Freeport
Parkway. The legal description for the property is Block A, Lot 3R A of the Duke-
Freeport Addition. The real property is owned by Duke Realty Corporation, but the zone
is being created for the tangible personal property abatement proposed for Scentsy, Inc.
Scentsy, Inc. will employ approximately 150 people at this location.
NOTICE OF PUBLIC HEARING
OF DESIGNATION OF REINVESTMENT ZONE
A PUBLIC HEARING will be conducted by the City Council of the City
of Coppell, Texas, in the Council Chambers, Town Center, 255
Parkway Boulevard, Coppell, Texas on the 13th day of December,
2011, at 7:30 P.M., to consider designation of the property
described as Block A, Lot 3R, Duke-Freeport Addition (49.566
acres), located south of Ruby Road, east of Freeport Pkwy,
Coppell, Texas, Scentsy, Inc., as a Reinvestment Zone under
Chapter 312 of the Texas Property Tax Code.
The Council will seek to determine whether the improvements sought
to be made in the zone are feasible and practical and will be a
benefit to the land included in the zone and to the City after the
expiration of a tax abatement agreement to be entered into
pursuant to Section 312.204 of the Texas Property Tax Code.
At the hearing, interested persons are entitled to speak and
present evidence for or against the designation.
Citizens Advocate December 2, 2011
PUBLIC NOTICE STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply
with the Americans With Disabilities Act of 1990. Thus, in order
to assist individuals with disabilities who require special
services (i.e., sign interpretative services, alternative
audio/visual devices, and amanuenses) for participation in or
access to the City of Coppell sponsored public programs, services
and/or meetings, the City requests that individuals make requests
for these services forty-eight (48) hours ahead of the scheduled
program, service and/or meeting. To make arrangements, contact
Vivyon V. Bowman, ADA Coordinator or other designated official at
(972) 462-0022, or (TDD 1-800-RELAY, TX, 1-800-735-2989).
1
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
DESIGNATING REINVESTMENT ZONE NO. 69 (SCENTSY, INC.);
PROVIDING ELIGIBILITY OF THE ZONE FOR COMMERCIAL-
INDUSTRIAL TAX ABATEMENT; CONTAINING FINDINGS THAT THE
AREA QUALIFIES TO BE DESIGNATED AS A REINVESTMENT ZONE
AND THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND
PRACTICABLE AND OF BENEFIT TO THE LAND AND THE CITY;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, has caused notice to be
published in a newspaper having general circulation in the City and has delivered such notice to the
presiding officer of the governing body of each taxing unit that includes in its boundaries real
property described herein; and
WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing
on the designation of the area described herein as a reinvestment zone;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS, THAT:
SECTION 1: The City Council of the City of Coppell, Texas, finds that the area described
herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the retention
or expansion of primary employment, or to attract major investment in the zone that will be of
benefit to the property and contribute to the economic development of the City. The City Council
further finds that the improvements sought are feasible and practicable and would be of benefit to
the land to be included in the zone and to the City after the expiration of a tax abatement agreement.
SECTION 2. Pursuant to the provisions of Section 312.201 of the Texas Tax Code, the
property described in Exhibit “A” attached hereto and made a part hereof for all purposes is hereby
designated as a reinvestment zone and for identification is assigned the name “Reinvestment Zone
No. 69 Scentsy, Inc.”
2
SECTION 3. The property within Reinvestment Zone No. 69 is eligible for commercial-
industrial tax abatement effective on January 1, 2011.
SECTION 4. If any article, paragraph or subdivision, clause or provision of this Ordinance
shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this
Ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or
unconstitutional.
SECTION 5. All provisions of ordinances of the City of Coppell, Texas, in conflict with
the provisions of this Ordinance be, and the same are hereby, repealed, and all other provisions not
in conflict with the provisions of this Ordinance shall remain in full force and effect.
SECTION 6. This Ordinance shall take effect immediately from and after its passage, as
the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, on the ______ day of
___________________, 2011.
APPROVED:
DOUGLAS N. STOVER, MAYOR
ATTEST:
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
(PGS:11-21-11:TM 52537)
3
EXHIBIT “A”
(Legal Description of Land)
Block A, Lot 3R of the Duke-Freeport Addition (49.566 acres).
Date: December 13, 2011
From: Mindi Hurley, Economic Development Coordinator
RE: Scentsy, Inc. - Resolution
Scentsy, Inc. was created in 2004, and the company manufactures and distributes home
goods and products through direct sales. Scentsy, Inc. has chosen to lease approximately
145, 962 square feet of space at 500 Freeport Parkway to serve as their newest regional
warehouse and distribution center for their home goods and products. Scentsy, Inc. will
employ approximately 150 people at this location.
Reinvestment Zone No. 69 will be created for Scentsy, Inc. by ordinance on December
13, 2011. The resolution and abatement that coincide with that reinvestment zone will
grant a 75%, 5 year tax abatement on the tangible personal property for Scentsy, Inc.
1
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE
TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND
BETWEEN THE CITY OF COPPELL, TEXAS, AND SCENTSY, INC.; AUTHORIZING
ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by
and between the City of Coppell, Texas and Scentsy, Inc., a copy of which is attached hereto and
incorporated herein by reference; and
WHEREAS, upon full review and consideration of the Agreement, and all matters related
thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be
approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City
of Coppell, Texas;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS, THAT:
SECTION 1. The Agreement attached hereto having been reviewed by the City Council of
the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its
citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to
execute the Agreement on behalf of the City of Coppell, Texas.
SECTION 2. The Council finds that the improvements proposed to be built upon the
Premises described in the Agreement will enhance the economic vitality of the community
through a combination of new capital investment, increased sales tax revenues, and the creation
of additional job opportunities.
SECTION 3. The tax abatement to be granted by the Agreement will not include
inventory, and supplies.
SECTION 4. The improvements proposed for the Premises will accomplish the tax
abatement guidelines of the City of Coppell, Texas.
SECTION 5. The City Manager delivered to the presiding officer of the governing body
of each taxing unit in which the property subject to the Agreement is located, a written notice
2
that the City of Coppell, Texas, intends to enter into the Agreement. The notice given by the
City Manager included a copy of the Agreement approved by this Resolution.
SECTION 6. This Resolution and the Tax Abatement Agreement are hereby approved
by the affirmative vote of the majority of the members of the City Council of the City of
Coppell, Texas, at a regularly scheduled meeting of the City Council.
SECTION 7. This Resolution shall become effective immediately from and after its
passage.
DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas,
on this the ______ day of ________________, 2011.
CITY OF COPPELL, TEXAS
___________________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
___________________________________________
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
(PGS:11-21-11:TM 52536)
3
EXHIBIT “A”
(copy of Tax Abatement Agreement
to be attached)
Page 1 Tax Abatement Agreement
City of Coppell and Scentsy, Inc. (TM 52535)
STATE OF TEXAS §
§ TAX ABATEMENT AGREEMENT
COUNTY OF DALLAS §
This Tax Abatement Agreement (the “Agreement”) is entered into by and between the City
of Coppell, Texas (the “City”), and Scentsy, Inc., an Idaho corporation (the “Lessee”), acting by and
through their authorized representatives.
W I T N E S S E T H:
WHEREAS, the City Council of the City of Coppell, Texas (the “City”), passed an
Ordinance (the “Ordinance”) establishing Tax Abatement Reinvestment Zone No. 69 (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 145,962square feet of warehouse
and distribution space for home goods at 500 Freeport Parkway, Coppell, Texas (hereinafter defined
as the “Leased Premises”), 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
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
Page 2 Tax Abatement Agreement
City of Coppell and Scentsy, Inc. (TM 52535)
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 the last date of execution of this Agreement.
“First Year of Abatement” shall mean January 1, of the calendar immediately following
the date a certificate of occupancy is issued to the Lessee for the occupancy of the Leased
Premises.
“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.
Page 3 Tax Abatement Agreement
City of Coppell and Scentsy, Inc. (TM 52535)
“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 the existing building on the Land located at 500 Freeport
Parkway, Coppell, Texas.
“Inventory” shall mean tangible personal property consisting of inventory located at the
Leased Premises owned or leased by Lessee but excluding Freeport Goods, Goods-in-Transit.
“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 December 31, 2011.
“Leased Premises” shall mean 150,000 square feet of office and warehouse/distribution
space in the Improvements.
“Lessee” shall mean Scentsy, Inc., an Idaho corporation.
“Premises” shall mean collectively, the Land and Improvements, but excluding the Tangible
Personal Property.
“Tangible Personal Property” shall mean tangible personal property, equipment, furniture
and fixtures owned or leased by Lessee that is added to the Leased Premises subsequent to the
execution of this Agreement, but excluding Freeport Goods and Goods in Transit.
“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.
2.3 This Agreement is entered into subject to the rights of the holders of outstanding
bonds of the City.
Page 4 Tax Abatement Agreement
City of Coppell and Scentsy, Inc. (TM 52535)
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, and provided the Taxable
Value of the Inventory is at least $2.5 Million Dollars as of First Year of Abatement and as of
January 1 of each calendar year thereafter during the term 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.
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 Inventory not otherwise exempt from ad
valorem taxation at the Leased Premises with a Taxable Value of at least $2.5 Million Dollars
($2,500,000.00) 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 Tax Abatement Agreement
City of Coppell and Scentsy, Inc. (TM 52535)
Article IV
Improvements
4.1 Nothing in this Agreement obligates the Lessee to enter into the Lease, occupy the
Leased Premises or locate Tangible Personal Property including the Inventory at 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 December 31, 2011. 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
Page 6 Tax Abatement Agreement
City of Coppell and Scentsy, Inc. (TM 52535)
the Lessee has diligently pursued such remedies as shall be reasonably necessary to cure such
default, then the City may extend the period in which the default must be cured.
5.3 If the Lessee fails to cure the default within the time provided as specified above or,
as such time period may be extended, then the City at its sole option shall have the right to terminate
this Agreement, by written notice to the Lessee.
5.4 Upon termination of this Agreement by City for uncured default by Lessee, 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 Tax Abatement Agreement
City of Coppell and Scentsy, Inc. (TM 52535)
If intended for Lessee, to:
Attn: Tim Larsen, CPA
Scentsy, Inc.
3698 E. Lanark
Meridian, Idaho 83642
Telephone: 208.895.1225
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.
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.
Page 8 Tax Abatement Agreement
City of Coppell and Scentsy, Inc. (TM 52535)
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 December 31, 2011; and (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
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 Tax Abatement Agreement
City of Coppell and Scentsy, Inc. (TM 52535)
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.
SCENTSY, INC.
By:_______________________________________
Name:______________________________
Title: ______________________________
Page 1 Exhibit “A” to Tax Abatement Agreement
City of Coppell and Scentsy, Inc. (TM 52535)
EXHIBIT “A”
Legal Description of the Land
Block A, Lot 3R of the Duke-Freeport Addition (49.566 acres).
Date: December 13, 2011
From: Mindi Hurley, Economic Development Coordinator
RE: Genuine Parts Company – Public Hearing and Ordinance
Genuine Auto Parts is the parent company of NAPA Auto Parts. NAPA Auto Parts will
locate their regional distribution center and a small retail store front at 635 Freeport
Parkway. NAPA will lease or own the entire building, which is approximately 158,729
square feet of space. NAPA will have a minimum of $10,000,000 in tangible personal
property and will employ approximately 120 full-time positions at this location.
The Economic Development Committee unanimously recommended approval of a 75%
abatement of tangible personal property for years 1 – 5 and a 50% abatement of tangible
personal property for years 6 – 10. The abatement agreement will be brought forward for
approval in January.
In order to grant a tax abatement, a reinvestment zone must be created by ordinance. In
order to create a reinvestment zone by ordinance, a public hearing must be held. This
item satisfies both of those requirements. The public hearing is held to determine if the
improvements in the zone are feasible, practical and of benefit to the land. The public
hearing notice was published in the Citizens’ Advocate on Friday, December 2, 2011, as
required by Chapter 312 of the Texas Property Code. The 11.835 acre tract of land
included within the boundaries of this zone is located north of Bethel Road and west of
Freeport Parkway. The legal description for the property is Block A, Lot 5 of the Duke-
Freeport Addition.
NOTICE OF PUBLIC HEARING
OF DESIGNATION OF REINVESTMENT ZONE
A PUBLIC HEARING will be conducted by the City Council of the City
of Coppell, Texas, in the Council Chambers, Town Center, 255
Parkway Boulevard, Coppell, Texas on the 13th day of December,
2011, at 7:30 P.M., to consider designation of the property
described as Block A, Lot 5, Duke-Freeport Addition (11.835
acres), located north of Bethel Road, west of Freeport Pkwy,
Coppell, Texas, Genuine Parts Company as a Reinvestment Zone under
Chapter 312 of the Texas Property Tax Code.
The Council will seek to determine whether the improvements sought
to be made in the zone are feasible and practical and will be a
benefit to the land included in the zone and to the City after the
expiration of a tax abatement agreement to be entered into
pursuant to Section 312.204 of the Texas Property Tax Code.
At the hearing, interested persons are entitled to speak and
present evidence for or against the designation.
Citizens Advocate December 2, 2011
PUBLIC NOTICE STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with
the Americans With Disabilities Act of 1990. Thus, in order to
assist individuals with disabilities who require special services
(i.e., sign interpretative services, alternative audio/visual
devices, and amanuenses) for participation in or access to the
City of Coppell sponsored public programs, services and/or
meetings, the City requests that individuals make requests for
these services forty-eight (48) hours ahead of the scheduled
program, service and/or meeting. To make arrangements, contact
Vivyon V. Bowman, ADA Coordinator or other designated official at
(972) 462-0022, or (TDD 1-800-RELAY, TX, 1-800-735-2989).
1
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
DESIGNATING REINVESTMENT ZONE NO. 66 GENUINE PARTS
COMPANY; PROVIDING ELIGIBILITY OF THE ZONE FOR
COMMERCIAL-INDUSTRIAL TAX ABATEMENT; CONTAINING
FINDINGS THAT THE AREA QUALIFIES TO BE DESIGNATED AS A
REINVESTMENT ZONE AND THE IMPROVEMENTS SOUGHT ARE
FEASIBLE AND PRACTICABLE AND OF BENEFIT TO THE LAND AND
THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, has caused notice to be
published in a newspaper having general circulation in the City and has delivered such notice to the
presiding officer of the governing body of each taxing unit that includes in its boundaries real
property described herein; and
WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing
on the designation of the area described herein as a reinvestment zone;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS, THAT:
SECTION 1: The City Council of the City of Coppell, Texas, finds that the area described
herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the retention
or expansion of primary employment, or to attract major investment in the zone that will be of
benefit to the property and contribute to the economic development of the City. The City Council
further finds that the improvements sought are feasible and practicable and would be of benefit to
the land to be included in the zone and to the City after the expiration of a tax abatement agreement.
SECTION 2. Pursuant to the provisions of Section 312.201 of the Texas Tax Code, the
property described in Exhibit “A” attached hereto and made a part hereof for all purposes is hereby
designated as a reinvestment zone and for identification is assigned the name “Reinvestment Zone
No. 66 Genuine Parts Company”.
PGS Draft 08-02-11
2
SECTION 3. The property within Reinvestment Zone No. 66 is eligible for commercial-
industrial tax abatement effective on January 1, 2011.
SECTION 4. If any article, paragraph or subdivision, clause or provision of this ordinance
shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or
unconstitutional.
SECTION 5. All provisions of ordinances of the City of Coppell, Texas, in conflict with
the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not
in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 6. This ordinance shall take effect immediately from and after its passage, as
the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, on the ______ day of
___________________, 2011.
APPROVED:
DOUGLAS N. STOVER, MAYOR
ATTEST:
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
(PGS:08-04-11:TM 50514)
3
EXHIBIT “A”
(Legal Description of Land)
Block A, Lot 5 of the Duke-Freeport Addition (11.835 acres).
Date: December 13, 2011
From: Mindi Hurley, Economic Development Coordinator
RE: Genuine Parts Company - Resolution
Genuine Auto Parts is the parent company of NAPA Auto Parts. NAPA Auto Parts will
locate their regional distribution center and a small retail store front at 635 Freeport
Parkway. NAPA will lease or own the entire building, which is approximately 158,729
square feet of space. NAPA will have a minimum of $10,000,000 in tangible personal
property and will employ approximately 120 full-time positions at this location.
Reinvestment Zone No. 66 will be created for Genuine Parts Company by ordinance on
December 13, 2011. The resolution and abatement that coincide with that reinvestment
zone will grant a 75% tax abatement on tangible personal property for years 1 – 5 and a
50% tax abatement on tangible personal property for years 6 – 10.
1
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE
TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND
BETWEEN THE CITY OF COPPELL, TEXAS AND GENUINE PARTS COMPANY;
AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by
and between the City of Coppell, Texas and Genuine Parts Company, a copy of which is attached
hereto and incorporated herein by reference; and
WHEREAS, upon full review and consideration of the Agreement, and all matters related
thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be
approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City
of Coppell, Texas;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS, THAT:
SECTION 1. The Agreement attached hereto having been reviewed by the City Council of
the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its
citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to
execute the Agreement on behalf of the City of Coppell, Texas.
SECTION 2. The Council finds that the improvements proposed to be built upon the
Premises described in the Agreement will enhance the economic vitality of the community
through a combination of new capital investment, increased sales tax revenues, and the creation
of additional job opportunities.
SECTION 3. The tax abatement to be granted by the Agreement will not include
inventory, and supplies.
SECTION 4. The improvements proposed for the Premises will accomplish the tax
abatement guidelines of the City of Coppell, Texas.
2
SECTION 5. The City Manager delivered to the presiding officer of the governing body
of each taxing unit in which the property subject to the Agreement is located, a written notice
that the City of Coppell, Texas, intends to enter into the Agreement. The notice given by the
City Manager included a copy of the Agreement approved by this Resolution.
SECTION 6. This Resolution and the Tax Abatement Agreement are hereby approved
by the affirmative vote of the majority of the members of the City Council of the City of
Coppell, Texas, at a regularly scheduled meeting of the City Council.
SECTION 7. This Resolution shall become effective immediately from and after its
passage.
DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas,
on this the ______ day of ________________, 2011.
CITY OF COPPELL, TEXAS
___________________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
___________________________________________
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
(PGS:08-04-11:TM 50512)
3
EXHIBIT “A”
(copy of Tax Abatement Agreement
to be attached)
Page 1 Tax Abatement Agreement
City of Coppell and Genuine Parts Company (TM 50511)
STATE OF TEXAS §
§ TAX ABATEMENT AGREEMENT
COUNTY OF DALLAS §
This Tax Abatement Agreement (the “Agreement”) is entered into by and between the City
of Coppell, Texas (the “City”), and Genuine Parts Company, a Georgia Corporation (the “Lessee”),
acting by and through their authorized representatives.
W I T N E S S E T H:
WHEREAS, the City Council of the City of Coppell, Texas (the “City”), passed an
Ordinance (the “Ordinance”) establishing Tax Abatement Reinvestment Zone No. 66 (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 leased or intends to lease (or own) approximately 158,729 square
feet of office and warehouse/distribution space at 635 Freeport Parkway, Coppell, Texas
(hereinafter defined as the “Leased Premises”), to operate the regional distribution center and a
small retail store at the front of the Leased Premises, for a period of at least ten (10) years
(hereinafter defined as the “Lease”), and intends to locate and maintain Tangible Personal Property
(hereinafter defined) at the Leased Premises; and
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
Page 2 Tax Abatement Agreement
City of Coppell and Genuine Parts Company (TM 50511)
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 the last date of execution of this Agreement.
“First Year of Abatement” shall mean January 1 through and including December 31 of
the calendar year immediately following the date a certificate of occupancy is issued by the City
for the Company’s occupancy of the Leased Premises.
“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.
Page 3 Tax Abatement Agreement
City of Coppell and Genuine Parts Company (TM 50511)
“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”.
“Goods in Transit” shall have the same meaning assigned by Tax Code, Section 11.253.
“Improvements” shall mean the existing building on the Land located at 635 Freeport
Parkway, Coppell, Texas.
“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 ten (10) years commencing on the Lease Inception Date.
“Lease Inception Date” shall mean the date the term of the Lease commences but not later
than April 30, 2012.
“Leased Premises” shall mean at least 158,729 square feet of office and
warehouse/distribution space in the Improvements.
“Lessee” shall mean Genuine Parts Company, a Georgia Corporation.
“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, including inventory and supplies (but excluding 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.
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
Page 4 Tax Abatement Agreement
City of Coppell and Genuine Parts Company (TM 50511)
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 the Taxable Value of the Tangible Personal Property for a period of ten (10)
consecutive years in accordance with the schedule below, beginning with the First Year of
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 Leased Premises subsequent to the execution of this Agreement.
Abatement Years Percentage of Abatement
1-5 Seventy-five Percent (75%)
6-10 Fifty Percent (50%)
3.3 The period of tax abatement herein authorized shall be for a period of ten (10)
consecutive years beginning with the First Year of Abatement.
3.4 During the period of tax abatement herein authorized, Lessee shall be subject to
all taxation not abated, including but not limited to, sales tax and ad valorem taxation on land,
inventory and supplies.
3.5 The Lessee agrees to locate and maintain Tangible Personal Property at the
Leased Premises with a Taxable Value of at least Ten Million Dollars ($10,000,000.00) 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 eleventh (11th) anniversary date of the First Year of
Abatement, unless sooner terminated as provided herein.
Page 5 Tax Abatement Agreement
City of Coppell and Genuine Parts Company (TM 50511)
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 December 31, 2011. Lessee
agrees and covenants, except for events of Force Majeure, eminent domain and casualty, to
continuously lease (or own) and occupy the Leased Premises for a period of at least ten (10) 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
Page 6 Tax Abatement Agreement
City of Coppell and Genuine Parts Company (TM 50511)
the Lessee has diligently pursued such remedies as shall be reasonably necessary to cure such
default, then the City may extend the period in which the default must be cured.
5.3 If the Lessee fails to cure the default within the time provided as specified above or,
as such time period may be extended, then the City at its sole option shall have the right to terminate
this Agreement, by written notice to the Lessee.
5.4 Upon termination of this Agreement by City, all tax abated as a result of this
Agreement, shall become a debt to the City as liquidated damages, 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 Tax Abatement Agreement
City of Coppell and Genuine Parts Company (TM 50511)
If intended for Lessee, to:
Genuine Parts Company
635 Freeport Parkway
Coppell, Texas 75019
With a Copy to:
Attn: Finance Department
Genuine Parts Company
2999 Circle 75 Parkway
Atlanta, Georgia 30339
Telephone: 770.953.1700
Facsimile: 770.956.2211
If intended for City, to:
Attn: City Manager
City of Coppell, Texas
P. O. Box 478
Coppell, Texas 75019
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
Facsimile: 214.965.0010
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 Tax Abatement Agreement
City of Coppell and Genuine Parts Company (TM 50511)
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 December 31, 2011; (ii) Lessee
providing a fully executed copy of the Lease to the City or closing statement for the purchase of
the Leased Premises, as the case may be; and (iii) the issuance of a certificate of occupancy by
the City for the Company’s occupancy for the Leased Premises..
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 Tax Abatement Agreement
City of Coppell and Genuine Parts Company (TM 50511)
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.
GENUINE PARTS COMPANY
By:_______________________________________
Name:______________________________
Title: ______________________________
Page 1 Exhibit “A” to Tax Abatement Agreement
City of Coppell and Genuine Parts Company (TM 50511)
EXHIBIT “A”
Legal Description of the Land
Lot 5, Block A of the Duke-Freeport Addition (11.835 acres)
Date: December 13, 2011
From: Mindi Hurley, Economic Development Coordinator
RE: Main Street at Old Town Coppell First Amendment to Development
Agreement
City Council approved and authorized the City Manager to sign a Development
Agreement between the City of Coppell and CSE Real Estate, L.P. for the development
of approximately 23 acres in Old Town Coppell on November 9, 2010. The original
Development Agreement addresses the responsibilities of each party in the construction
of a proposed mixed-use development. CSE Real Estate was responsible for purchasing
10.06 acres of land to construct approximately 13 retail office cottages, 44 town homes or
38 garden patio homes, 11 retail service buildings and 2 restaurants. The plan also called
for the construction of a parking lot on Lot 1, Block A of the Old Town Addition to be
constructed by CSE Real Estate. Phase One of CSE’s purchase included 84,200 square
feet of land to construct 1 retail service building, 1 cottage and the initial phase of
residential units, which included 16 town home units or 14 garden patio units. The City
of Coppell had 12 months to construct all public infrastructure and deliver developable
lots.
This amendment is being brought forward to modify that original agreement. The
significant changes in this amendment include:
• The City now has 18 months to construct the public infrastructure and deliver
developable lots;
• The City will now construct the parking lot on Lot 1, Block A of the Old Town
Addition to be used for public parking;
• CSE Real Estate, L.P. will be allowed to construct 44 garden patio homes;
• Phase One will include 1 retail service building, 1 cottage and the initial phase of
residential units, which will now include 8 units of garden patio homes;
• The Concept Plan will reflect the change to 44 garden patio homes rather than
town homes;
• CSE Real Estate will grant to the Dallas Fort Worth Regional Airport an avigation
easement for the residential lots included in the development prior to closing on
Phase One;
• The City will grant a temporary construction easement to CSE Real Estate prior to
the purchase of Phase One.
PAGE 1 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
kbl:12/7/11:51410
State of Texas §
§ First Amendment to Development Agreement
County of Dallas §
This First Amendment to Development Agreement (“First Amendment”) is made and
entered into on this ____ day of __________, 2011, by and between CSE Commercial Real
Estate, LP, a Texas Limited Partnership (the “Company”), and the City of Coppell, a Texas
home rule municipality (the “City”) acting by and through their authorized representatives.
RECITALS
WHEREAS, on or about November 29, 2010, Company and Coppell Economic
Development Foundation, Inc., (“CEDF”) entered into that certain Option Agreement (“the
Option Agreement”) granting to Company an option to purchase certain real property described
in Exhibit “A-1” of the Option Agreement (the “Option Land”); and
WHEREAS, Company and CEDF have entered into an agreement of even date herewith
to make certain amendments to the Option Agreement that the parties thereto believe to be
mutually advantageous; and
WHEREAS, on or about November 29, 2010, Company and City entered that certain
Development Agreement (“the Development Agreement”) setting forth the agreement of the
parties regarding the development by City and Company of the Option Land; and
WHEREAS, Company and City desire to make certain amendments to the Development
Agreement that the parties believe to be mutually advantageous and consistent with the
amendments made to the Option Agreement;
NOW, THEREFORE, for and in consideration of the mutual covenants, conditions, and
promises made one to the other, Company and City agree as follows:
1. The Development Agreement is hereby amended as follows:
A. Exhibit “B” titled “Concept Plan” shall be amended in its entirety and depicted as
set forth in Attachment 1, attached hereto and incorporated herein by reference.
B. The definition of “Covenants” as set forth in Article II shall be amended to read in
its entirety as follows:
“Covenants” shall mean a declaration of covenants, conditions,
and restrictions to be recorded in the Official Public Records of Dallas
County, Texas concurrently with the closing by the Company of the
purchase of the Phase One Land.
PAGE 2 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
kbl:12/7/11:51410
C. The definition of “Phase One” as set forth in Article II shall be amended to read in
its entirety as follows:
“Phase One” shall mean the first phase of the Project which shall
consist of at least (i) one retail service building on the west side of the
Town Square, (ii) one cottage on the northwest side of the Town Square,
and (iii) the initial phase of 8 units of garden patio homes to be located on
Lot 1, Block F, Old Town Addition, together with the necessary electrical,
phone, water, sewer and other infrastructure not constructed by the City.
The retail service building fronting the west side of the Town Square
(consisting of approximately 20,000 square feet of space), the cottages
fronting the north side of the Town Square (consisting of approximately
8,000 square feet of space in the aggregate) shall be designed and
constructed such that at least forty percent (40%) of the total cumulative
square feet available will be used for restaurant and retail uses that
produce regular daily foot traffic within the Project. No restaurants with
drive thru, drive up or drive-in service shall be permitted within the
Project; provided, however, such restriction shall not limit the right of a
restaurant to designate no more than two (2) parking spaces adjacent to the
restaurant for take-out customers.
D. The definition of “Private Infrastructure” as set forth in Article II shall be
amended by deleting the phrase “cable television”.
E. The phrase “thirty-eight (38)” is deleted wherever it appears in the second recital,
the definition of “Project” as set forth in Article II, and Exhibit “C” titled “Form of
Shared Parking Agreement”.
.
F. The definition of “Public Infrastructure” as set forth in Article II shall be amended
by adding the phrase “public parking identified as ‘P1’ and ‘P2’ on the Concept Plan;”
before the word “water” where it first appears in said definition.
G. Section 5.2(c) shall be amended to read in its entirety as follows:
(c) Commencement and Completion of Construction. City
shall, subject to events of Force Majeure, cause Commencement of
Construction of the Infrastructure to occur within sixty (60) days after the
Contract Award and shall, subject to events of Force Majeure, cause
Completion of Construction thereof to occur within eighteen (18) months
thereafter. Notwithstanding the foregoing, City agrees to cause the
Completion of Construction of the public parking areas identified as “P1”
and “P2” on the Concept Plan not later than nine (9) months after approval
by City of a site plan for the first restaurant to be located on the property
adjacent to said public parking area.
PAGE 3 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
kbl:12/7/11:51410
H. Section 5.3 shall be amended by adding the following subsection (g) to read as
follows:
(g) Change Orders. City shall provide Company with a copy
of all change orders executed with the contractor selected to construct the
Infrastructure within ten (10) days after full execution.
I. Section 6.5 shall be amended to read in its entirety as follows:
6.5 Residential Lot Development. The Company shall cause
all residential lots and structures to be designed and constructed with noise
mitigation features as reasonably determined by Company and approved
by the City. The Company shall grant an avigation easement (the
“Avigation Easement”) to the Dallas Forth Worth Regional Airport
relating to the development of the Option Land for the Project as the
Company closes it purchase of the Option Land, or portions thereof, in a
form substantially as set forth in Exhibit “D”, hereto. The Company shall
cause all purchasers, tenants and occupants of the Option Land and
buildings/improvements thereon to be notified in writing of the noise
conditions existing on the Option Land and of the existence of the any
avigation easements and noise conditions prior to occupancy. The
Company may satisfy the foregoing requirement by recording the
Avigation Easement prior to the closing of any sale or lease of the Option
Land.
J. The Development Agreement shall be amended by adding a new Exhibit “D”
titled “Form of Avigation Easement” in the form attached hereto as Attachment 2,
attached hereto and incorporated herein by reference.
K. Section 6.7 shall be amended by deleting the phrase “designed, constructed and
leased” and substituting in its place the phrase “designed and constructed”.
L. Section 10.5 shall be amended by adding the name “Robert E. Hager” above the
name “Peter G. Smith” where it appears in said section.
M. A new Section 10.20 shall be added which shall read as follows:
10.20 Temporary Construction Easement. On or prior to the
closing of the purchase of the Phase One Land, City shall grant to the
Company and its successors and assigns a temporary construction
easement substantially in the form attached hereto as Exhibit “E”.
N. The Development Agreement shall be amended by adding a new Exhibit
“E” titled “Form of Temporary Construction Easement” to be substantially in the
form attached hereto as Attachment 3, attached hereto and incorporated herein by
reference.
PAGE 4 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
kbl:12/7/11:51410
2. Except as otherwise amended by this First Amendment, the Development Agreement
remains in full force and effect.
3. This First Amendment shall become effective on the date it is signed by authorized
representatives of the parties hereto.
(Signatures on Following Page)
PAGE 5 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
kbl:12/7/11:51410
SIGNED AND AGREED this the ___ day of _________________, 2011.
City of Coppell, Texas
By:
Clay Phillips, City Manager
Attest:
By:
Christel Pettinos, City Secretary
Agreed as to Form:
By:__________________________
City Attorney
SIGNED AND AGREED this the ___ day of _________________, 2011.
CSE Commercial Real Estate, LP
By: Debco partners, LLC, its general
partner
By:
Charles Cotten, Member
PAGE 1 ATTACHMENT 1 TO FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
kbl:12/7/11:51410
Attachment 1
Revised Exhibit “B” Concept Plan
PAGE 1 ATTACHMENT 2 TO FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
kbl:12/7/11:51410
Attachment 2
New Exhibit “D” - Form of Avigation Easement
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER
AVIGATION EASEMENT, RELEASE, INDEMNIFICATION,
AND DISCLOSURE AGREEMENT
THE STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF DALLAS §
That CSE Commercial Real Estate, L.P. (hereinafter GRANTOR), for and in
consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) to the undersigned paid by
the GRANTEES herein named, and other good and valuable consideration, the receipt of which
is hereby acknowledged, have executed this Avigation Easement, Release, Indemnification, and
Disclosure Agreement, have GRANTED, SOLD AND CONVEYED, and by these presents do
GRANT, SELL AND CONVEY jointly unto the CITY OF DALLAS and the CITY OF FORT
WORTH, TEXAS, whose mailing address is Airport Leasing Department, Dallas-Fort Worth
International Airport, P. O. Drawer 619428, Dallas-Fort Worth Airport, Texas 75261-9428
(hereinafter jointly called GRANTEES), an Avigation Easement in, on, over and across the real
property more particularly described in Exhibit "A", attached hereto and incorporated herein for
all purposes (hereinafter the "Property").
This Avigation Easement, Release, Indemnification and Disclosure Agreement is for free
and unobstructed passage of aircraft ("aircraft" being defined as any contrivance now known or
hereafter invented, used or designed for navigation of or flight in the air) landing at or taking off
from, or operating at or on the Dallas-Fort Worth International Airport (hereinafter D-FW
Airport), or any airport owned by either of the GRANTEES, their successors and assigns, by
whomsoever operated, in the airspace above the Property at or above the elevation of «ELEV»
feet Mean Sea Level or structural heights established by local zoning ordinances, whichever
height is lower, such area hereinafter referred to as the “permitted air space”, together with the
right in all air space above the surface of the Property to cause damages to the Property or to
persons occupying or on such Property, from noise, vibration, fumes, dust, fuel, lubricant
particles, and all other effects that may be caused by the operation of an aircraft in the permitted
air space while landing at and taking off from, or operating at or on the D-FW Airport as it now
or as it may hereafter be configured, or any other airport owned by either of the GRANTEES,
their successors and assigns. GRANTOR does hereby further grant, sell, and convey to
GRANTEES, their successors and assigns, a continuing right and easement to take any action
PAGE 2 ATTACHMENT 2 TO FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
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necessary to prevent the erection or growth of any structure, tree, or other object into the
permitted air space and to remove from such permitted air space any and all structures, trees or
other objects that may at any time project or extend into same, together with the right of ingress
to, egress from and passage over the Property for such purposes. Further, GRANTOR, its,
successors and assigns, are prohibited from any activity on the Property that would interfere with
or be a hazard to the flight of aircraft over the Property, or to and from D-FW Airport, or
interfere with air navigation and communication facilities serving it or any other airport owned
by either of the GRANTEES, their successors and assigns.
It is GRANTOR's intent to permit whatever aircraft noise and related effects occur over
the Property from aircraft using D-FW Airport, regardless of operational levels, air traffic control
procedures, types of aircraft, or airport runway configurations which might come to be in effect
in the future. This Avigation Easement, Release, Indemnification, and Disclosure Agreement is
cumulative of the rights of D-FW Airport in any avigation easement and release to the City of
Coppell, if such exists.
GRANTOR does hereby waive, release, quitclaim and forever hold harmless
GRANTEES, the Dallas-Fort Worth International Airport Board (hereinafter Board), and their
respective successors and assigns, and their officers, agents and employees from any and all
claims for damages of any kind that GRANTOR might hereafter assert by reason of the passage
of any and all aircraft and related effects as described above. By execution of this Avigation
Easement, Release, Indemnification and Disclosure Agreement, GRANTOR agrees not to file a
claim or lawsuit against GRANTEES, the Board, their successors and assigns, and their officers,
agents and employees, and agrees to indemnify, defend and hold harmless GRANTEES, the
Board, their successors and assigns, and their officers, agents and employees, against any and all
claims, lawsuits, judgments, costs and expenses for personal injury (including death), property
damage or other harm for which recovery of damages is sought, suffered by any person or
persons that may arise out of or be occasioned by the operation of aircraft, within the permitted
air space, landing at or taking off from, or operating at or on the D-FW Airport as it is now or as
it may hereafter be configured, or any other airport owned by either of the GRANTEES, except
that the indemnity and release provided for in this paragraph shall not be construed to release the
owners or operators of aircraft from liability for damage or injury to person or property caused
by falling aircraft or falling physical objects from aircraft, except as stated herein with respect to
noise, vibration, fumes, dust and lubricant particles. It is the specific intent of GRANTOR that
the release contained herein shall also include the release of any claim whatsoever for injuries or
damages based upon aircraft flying over properties adjacent to the Property.
GRANTOR, its successors and assigns, hereby agree that they have an affirmative duty at
the time of offering for sale all or any portion of the Property to disclose the existence of this
instrument and avigation easement on the Property to prospective purchasers by means of a sales
listing sheet, whether the sale is listed by GRANTOR or by a licensed agent. Further,
GRANTOR specially agrees that the execution by the GRANTEES of any assignment or
assignments of the terms of this Avigation Easement, Release, Indemnification, and Disclosure
Agreement to any other municipal corporation or public agency shall extend the terms hereof to
any such assignee without extinguishment of its terms, and it is agreed that this Avigation
Easement, Release, Indemnification, and Disclosure Agreement shall be binding upon
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GRANTOR, their heirs and assigns, and to any and all successors in interest to all or any portion
of the Property.
This Avigation Easement, Release, Indemnification, and Disclosure Agreement shall be
binding upon GRANTOR, their successors, heirs, executors, administrators and assigns, and
shall be a covenant running with the land, same to be recorded in the Real Property Records of
Dallas County, Texas.
GRANTEES herein, by accepting this Avigation Easement, Release, Indemnification, and
Disclosure Agreement, and in paying the stated consideration therefor, are doing so in
compromise and settlement of any disputed claim, and GRANTEES in no sense are admitting
legal liability for damage to the Property, nor to any abutting, adjacent, or other property in the
vicinity of the Property.
TO HAVE AND TO HOLD said Avigation Easement, Release, Indemnification, and
Disclosure Agreement and all rights appertaining thereto unto the GRANTEES, their successors
and assigns, until said D-FW Airport or successor airports shall be abandoned and shall cease to
be used for public airport purposes, and GRANTOR does hereby bind itself, its successors and
assigns to WARRANT AND FOREVER DEFEND all and singular this Avigation Easement,
Release, Indemnification and Disclosure Agreement unto GRANTEES, and their respective
successors and assigns, against every person whomsoever lawfully claiming or to claim the same
or any part thereof by, through, or under Grantor, but not otherwise.
EXECUTED this ___ day of _________________, 20__.
CSE Commercial Real Estate, L.P., a Texas
limited partnership
By: Debco Partners, LLC, a Texas limited
liability company, its general partner
By: _________________________
Charles Cotten, Member
PAGE 4 ATTACHMENT 2 TO FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
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Acknowledgment
THE STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the day of , 20__,
Charles Cotten, Member, Debco Partners, L.L.C., a Texas limited liability company and general
partner of CSE Commercial Real Estate, L.P., a Texas limited partnership, for and on behalf of
said company and partnership.
________________________________________
Notary Public, State of Texas
Notary's printed name:______________________
My Commission Expires:____________________
:
AFTER RECORDING RETURN TO:
B. Glen Little
D-FW Land Acquisition Manager
City of Dallas
Dallas Fort Worth International Airport
Airport Leasing Department
P. O. Drawer 619428
Dallas Fort Worth Airport, Texas 75261
Approved as to form and Legality: Approved as to form:
SARAH FULLENWIDER, City Attorney THOMAS P. PERKINS, City Attorney
By: By:_________________________
Assistant City Attorney Assistant City Attorney
PAGE 1 ATTACHMENT 3 TO FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
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Attachment 3
New Exhibit “E” – Form of Temporary Construction Easement
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS §
This TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (this
“Agreement”) is made and executed as of the _____ day of ____________________, 20__, (the
“Effective Date”), by and between CITY OF COPPELL, TEXAS, a Texas home rule
municipality (“Grantor”), whose mailing address is P.O. Box 9478, Coppell, Dallas County,
Texas 75019, and CSE COMMERCIAL REAL ESTATE, L.P., a Texas limited partnership
(“CSE”) and its permitted successors and assigns under the terms of the Development
Agreement (collectively, “Grantee”), whose mailing address is 4956 N. O’Connor Blvd., Irving,
Dallas County, Texas, 75062.
Preliminary Statements
Grantor and Grantee agree that the following preliminary statements are true and correct
in all material respects and incorporated into this Agreement:
A. Capitalized terms used herein which are not otherwise defined shall have the
meaning set forth in the Development Agreement (as defined below).
B. Grantor owns that certain tract of real property situated in the City of Coppell,
Dallas County, Texas, more particularly described on Exhibit “A” attached and incorporated
into this Agreement (the “Land”).
C. Coppell Economic Development Foundation, Inc. (the “Foundation”) holds an
option to purchase portions of the Land from City and may become the owner of part or all of the
Land during the term of this Agreement.
D. Foundation and Grantee have entered into that certain Option Agreement dated
November 29, 2010 (as amended, the “Option Agreement”) granting Grantee an option to
purchase a portion of the Land, being the real property described in Exhibit “A-1” attached
hereto (the “Option Land”).
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E. City and Grantee have entered into that certain Development Agreement dated
November 29, 2010 (as amended, the “Development Agreement”) setting forth the agreement of
the parties regarding the development by the City and Grantee of the Option Land, including the
construction by Grantee of the Project.
F. In order to facilitate the construction of the Project, Grantee has requested a
temporary construction easement over the portions of the Land owned by Grantor (other than the
Town Square and any public streets and parking areas) for the purpose of staging construction of
the Private Infrastructure and the improvements that will comprise the Project.
G. Grantor has agreed to grant a temporary construction easement to Grantee to
facilitate the construction of the Private Infrastructure and the improvements which will
comprise the Project, on the terms and conditions set forth below.
Agreement
NOW, THEREFORE, in consideration of the mutual agreements set forth herein and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1. Grant of Temporary Easement for Construction. Subject to the terms and
provisions contained in this Agreement, Grantor hereby grants to Grantee for use by Grantee and
all future owners of all or any portion of the Option Land, and all contractors and subcontractors
of Grantee and future owners of all or any portion of the Option Land (collectively, the
“Beneficiaries”), a non-exclusive temporary easement (the “Construction Easement”) on, over
and across the portions of the Land owned by Grantor (other than the Town Square and any
public streets and parking areas)(the “Construction Staging Area”) for the purpose of permitting
the Beneficiaries to stage construction of the Private Infrastructure and the improvements which
will comprise the Project.
2. Restriction on Use of Construction Staging Area. Use of the Construction
Staging Area by the Beneficiaries shall be subject to the following restrictions:
(a) The use by Beneficiaries of the Construction Staging Area shall not interfere with the
enjoyment and use of the Land by Grantor and its agents, employees, contractors and
invitees (including, without limitation, the use of any drive aisles or parking spaces
located within the Land).
(b) Subject to the terms of the Development Agreement, Grantor shall have the right to
sell, lease or develop the Construction Staging Area. If Grantor gives written notice to
Grantee that Grantor intends to sell, lease or develop all or any portion of the
Construction Staging Area, then the right of the Beneficiaries to use such portion of
the Construction Staging Area shall terminate thirty (30) days after delivery of such
notice by Grantor to Grantee.
(c) The Beneficiaries shall use good faith efforts to minimize the use of the Construction
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Staging Area and shall to the extent practical use the Option Land for all construction
activities before utilizing the Construction Staging Area.
(d) The Construction Staging Area shall not be used by any Beneficiary for the storage of
materials, supplies or equipment for a period of longer than twelve (12) months
without the prior written consent of Grantor.
(e) All materials, supplies or equipment stored upon the Construction Staging Area shall
be at the sole risk and expense of the owner or lessee of such materials, supplies or
equipment, and Grantor shall have no responsibility or liability whatsoever for any
damage to or theft of such items.
(f) No improvements of any nature, including temporary fencing or latrines, shall be
placed or constructed upon the Construction Staging Area without the prior written
consent of Grantor.
(g) Not later than thirty (30) days after cessation of use of the portion of the Construction
Staging Area used as authorized herein, Grantee shall restore the portion of the
Construction Staging Area used to substantially the same condition as when the use
commenced unless otherwise agreed in writing by Grantor.
3. Reservation of Grantor’s Rights. Grantor reserves the right to use the
Construction Staging Area for any purpose not inconsistent with the uses for which the grant of
the Easement is made.
4. Duration of Easement. This Construction Easement and all rights associated
therewith shall be temporary and terminate upon the earlier of (i) the mutual agreement of the
parties (as provided in Section 9 below), (ii) the termination of the Development Agreement or
the Option Agreement, (iii) the completion of all initial improvements upon all of the Option
Land, or (iv) as provided in Section 2(b) above. This Construction Easement and all rights
associated therewith shall also terminate as to those portions of the Land conveyed to Grantee
pursuant to the Option Agreement after the Effective Date. Upon the termination of the
Construction Easement as to the entire Construction Staging Area, Grantee shall, upon request of
Grantor, execute and record in the Official Public Records of Dallas County, Texas, a release of
this Construction Easement.
5. Insurance. Grantee shall, during the term of this Agreement, maintain the
insurance required by Section 6.6 of the Development Agreement. Grantee shall further cause
any contractor, subcontractor, lessee, or other third party authorized by this Agreement to use the
Construction Staging Area to obtain and maintain the insurance required by Section 6.6 of the
Development Agreement during the time such parties are using all or any portion of the
Construction Staging Area.
6. Release. The Beneficiaries hereby release Grantor, its successors and assigns,
and their respective agents, officers, employees, lessees, tenants, subtenants, licensees and
invitees (collectively, the “Protected Parties”) from damage to property or injuries, including loss
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of life, sustained by any person or persons caused by or arising out of the use of the Construction
Staging Area or the Construction Easement by the Beneficiaries. In addition, Grantee agrees to
obtain waivers of subrogation rights by Grantee’s insurer against the Protected Parties pursuant
to the insurance required to be obtained by Grantee pursuant to Section 5 above. GRANTOR
AND GRANTEE INTEND FOR THE RELEASE AND WAIVER SET FORTH IN THIS
SECTION 6 TO APPLY EVEN IF THE LOSS OR DAMAGE DESCRIBED IN SUCH
SECTION IS CAUSED BY THE NEGLIGENCE OF THE PROTECTED PARTIES AND
EVEN IF THE PROTECTED PARTIES WOULD OTHERWISE BE STRICTLY
LIABLE FOR SUCH LOSS OR DAMAGE UNDER APPLICABLE LAW.
7. Indemnification. GRANTEE SHALL INDEMNIFY, DEFEND, AND
HOLD GRANTOR FOREVER HARMLESS 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
CONSTRUCTION STAGING AREA BY ANY BENEFICIARY, WHETHER OCCASIONED
BY THE NEGLIGENT ACT OR OMISSION OF ANY BENEFICIARY, ITS EMPLOYEES,
OFFICERS, AGENTS, CONTRACTORS OR ASSIGNS OR THOSE HOLDING UNDER
GRANTEE. GRANTEE SHALL AT ALL TIMES DEFEND, PROTECT AND INDEMNIFY
AND IT IS THE INTENTION OF THE PARTIES HERETO THAT GRANTEE 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 CONSTRUCTION
STAGING AREA CAUSING PERSONAL INJURY, DEATH OR PROPERTY DAMAGE
RESULTING FROM USE OF THE CONSTRUCTION STAGING AREA BY ANY
BENEFICIARY, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND
INVITEES IN CONNECTION WITH THIS AGREEMENT, EXCEPT WHEN CAUSED BY
THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF GRANTOR, ITS OFFICERS,
EMPLOYEES OR AGENTS, AND ONLY THEN TO THE EXTENT OF THE PROPORTION
OF ANY FAULT DETERMINED AGAINST GRANTOR FOR ITS WILLFUL
MISCONDUCT OR GROSS NEGLIGENCE. THE RIGHTS AND PROTECTIONS
AFFORDED TO GRANTOR IN THIS SECTION 7 SHALL ALSO EXTEND TO
GRANTOR’S ELECTED AND APPOINTED OFFICIALS, EMPLOYEES, AGENTS, AND
REPRESENTATIVES. THIS SECTION 7 SHALL SURVIVE THE TERMINATION OF
THIS AGREEMENT.
8. Benefit; Binding Effect. This Agreement is binding upon and shall inure to the
benefit of Grantor and its successors and assigns and the Beneficiaries, including, without
limitation, all other persons or entities having or acquiring any right, title or interest in the Option
Land, or any portion thereof.
9. Amendment/Termination. This Agreement may be amended or terminated only
by written agreement executed by Grantor and Grantee, without the joinder of any other owners
of all or any portion of the Land or the Option Land. Any such amendment shall be effective
when filed for record in the Official Public Records of Dallas County, Texas.
10. Default. In the event Grantee fails to perform any of Grantee’s obligations and/or
PAGE 5 ATTACHMENT 3 TO FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
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comply with any of the restrictions set forth in this Agreement (a “Default”), Grantor may give
written notice to Grantee of said Default (the “Default Notice”). If Grantee does not cure any
such Default within thirty (30) days after receipt of the Default Notice, or such earlier time if the
Default may be reasonably cured prior to such 30-day period, then Grantor shall be entitled to all
remedies available at law or in equity, including, without limitation, (i) the right to specific
performance and (ii) the right to take such self-help measures as are necessary to cure the
Default. In the latter event, Grantor may, among other things, perform any such maintenance,
repair and/or replacement as is necessary to cure the Default. Any costs incurred by Grantor
shall be reimbursed by Grantee not later than thirty (30) days of presentation of appropriate
statements of actual costs incurred therefor, together with interest at the maximum rate allowable
at law (accruing from the date said expenses were incurred). Notwithstanding the foregoing, no
Default shall entitle Grantor to terminate this Easement other than as provided in Sections 4 and
9 above.
11. Attorneys' Fees. Should any party hereto employ an attorney for the purpose of
enforcing or construing this Agreement, or any judgment based on this Agreement, in any legal
proceeding whatsoever, including insolvency, bankruptcy, arbitration, declaratory relief or other
litigation, the prevailing party shall be entitled to receive from the other party or parties thereto
reimbursement for all reasonable attorneys' fees and all costs, whether incurred at the trial or
appellate level, including but not limited to service of process, filing fees, court and court
reporter costs, investigative costs, expert witness fees and the cost of any bonds, whether taxable
or not, and such reimbursement shall be included in any judgment, decree or final order issued in
that proceeding. The term “prevailing party” means the party whose relief in an action is closest
to the relief sought in the initial pleading in such proceeding (whether by way of affirmative
recovery or defense of claim).
12. Severability. If any provision of this Agreement is held to be invalid, illegal or
otherwise unenforceable for any reason, the remaining provisions of this Agreement shall remain
in full force and effect and shall not be affected thereby.
13. Governing Law. The validity of this Agreement and any of its terms and
provisions, as well as the rights and duties of the parties, shall be governed by the laws of the
State of Texas; and venue for any action concerning this Agreement shall be in State District
Court of Dallas County, Texas. The parties agree to submit to the personal and subject matter
jurisdiction of said court.
14. 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 except as provide in Section 9 above. Notwithstanding the foregoing, to the
extent of any inconsistency between the terms and conditions of this Agreement and the terms and
conditions of the Development Agreement, the terms of the Development Agreement shall control.
15. Notice. Any notice required or permitted to be delivered hereunder shall be
deemed received (i) three (3) days after deposit into the United States Mail, postage prepaid,
PAGE 6 ATTACHMENT 3 TO FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
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certified mail, return receipt requested, addressed to the party at the address set forth below or
(ii) on the day actually received if sent by courier or otherwise hand delivered.
If intended for Grantor, to:
Attn: City Manager
City of Coppell, Texas
P.O. Box 478
Coppell, Texas 75019
With a copy to:
Robert E. Hager
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
If intended for Grantee, to:
CSE Commercial Real Estate, LP
4956 N. O'Connor Blvd.
Irving, Texas 75062
Attn: Charles Cotten
With a copy to:
Jeffrey Fink
Apple Norris & Fink, LLP
735 Plaza Boulevard
Suite 200
Coppell, TX 75019
Any party shall have the right to change its address for notice by sending notice of change of
address to each other party, in the manner described above. Beneficiaries (other than Grantee)
including, without limitation, all other persons or entities having or acquiring any right, title or
interest in the Option Land, or any portion thereof, by using the Construction Staging Area and
accepting the benefits of this Agreement, are deemed to have irrevocably appointed Grantee as
their agent for purposes of receipt of notice made pursuant to this Agreement, which agency is
accepted by Grantee. Failure of Grantee to forward any notice provided by Grantor pursuant to
this Agreement to a Beneficiary shall not constitute a failure of Grantor to provide proper notice
pursuant to this Agreement.
16. Captions. Titles, headings or captions of articles or paragraphs contained in this
instrument are inserted only as a matter of convenience and for reference, and in no way define,
limit, extend or describe the scope of this instrument or the intent of any provisions hereof.
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17. Multiple Counterparts. This Agreement may be executed in any number of
identical counterparts, each of which for all purposes shall be deemed an original document and
all of which together shall constitute but one and the same document; but, in making proof of this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
[Signature Pages Follow]
PAGE 8 ATTACHMENT 3 TO FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
set forth above.
GRANTOR:
CITY OF COPPELL, TEXAS
By: ________________________________
Name: _____________________________
Title: _____________________________
GRANTEE:
CSE COMMERCIAL REAL ESTATE, L.P.
By: Debco Partners, L.L.C., a Texas limited
liability company, general partner
By: _________________________
Charles Cotten, Member
PAGE 9 ATTACHMENT 3 TO FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
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STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me this ___ day of _______________, 20__,
by _________________, _________________ of the City of Coppell, Texas, a Texas home rule
municipality, on behalf of said municipality.
______________________________________
Notary Public, State of Texas
Commission Expires:_____________________
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me this _________ day of ___________,
20__, by Charles Cotten, member, Debco Partners, LLC, a Texas limited liability company, on
behalf of said company in its capacity as General Partner for CSE Commercial Real Estate, L.P.,
a Texas limited partnership, for and on behalf of said company and partnership.
Notary Public, State of Texas
My Commission expires:_______________
PAGE 10 ATTACHMENT 3 TO FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
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Exhibit "A"
Land
A 23.118 acres of land located in JAMES A. SIMMONS SURVEY, ABSTRACT NO. 1296,
Coppell, Dallas County, Texas, and being all of the tract of land designated as Tract II in the deed
to the City of Coppell, Texas recorded in Volume 2003094, Page 797 of the Deed Records of
Dallas County, Texas, and all of the tracts of land conveyed to the City of Coppell by the deeds
recorded in County Clerk’s File No. 20070000802, and County Clerk’s File No. 200900282446
of the Deed Records of Dallas County, Texas. Said 23.118 acres of land being more particularly
described by metes and bounds as follows:
BEGINNING at a ½” iron rod found at the Southeast corner of the aforementioned tract of land
designated as Tract II, in the deed to the City of Coppell, Texas, recorded in Volume 2003094,
Page 797 of the Deed Records of Dallas County, Texas, and said POINT OF BEGINNING also
being the intersection of the West right-of-way line of Coppell Road South, and the North right-
of-way line of Burns Street;
THENCE S 85° 29’ 33” W, 878.23 feet, along the North right-of-way line of said Burns Street
and the South boundary line of said Tract II, to a ½” iron rod found at the Southwest corner of
said Tract II, lying in the East right-of-way line on Hammond Street;
THENCE N 00° 31’ 41” W, 1133.41 feet, along the East right-of-way line of said Hammond
Street and the West boundary line of said Tract II, to a 3/8” iron rod found at the Northwest
corner of said Tract II;
THENCE N 89° 18’ 49” E, 365.29 feet, along the North boundary line of said Tract II, to a ½”
iron rod found at the Southwest corner of the aforesaid tract of land conveyed to the City of
Coppell by the deed recorded in the County Clerk’s File No. 200700802 of the Deed Records of
Dallas County, Texas;
THENCE N 00° 40’ 12” W, 219.96 feet, along the West boundary line of said City of Coppell
Tract to a 1/2 “ iron rod found at the Northwest corner thereof, lying in the South right-of-way
line of Bethel Road;
THENCE N 89° 19’58” E, 186.10 feet, along the South right-of-way line of said Bethel Road,
and the North boundary line of said City of Coppell Tract, and also the North boundary line of
the aforesaid tract of land conveyed to the City of Coppell by the deed recorded in County
Clerk’s File No. 200900282446 to a ½” iron rod found at the Northeast corner thereof, lying in
the most Easterly West boundary line of aforesaid Tract II;
THENCE N 00° 40’ 12” W, 4.64 feet, along the most Easterly West boundary line of said Tract
II, to a ½” iron rod found at the most Northerly Northwest corner thereof, lying in the South
right-of-way line of aforesaid Bethel Road;
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THENCE N 89° 44’ 28” E, 151.00 feet, along the most Northerly North boundary line of said
Tract II, and the South right-of-way line of said Bethel Road, to a ½” iron rod found at the most
Northerly Northeast corner of said Tract II;
THENCE S 00° 59’ 19” E, 7.78 feet, along the most Westerly East boundary line of said Tract II
to a ½” iron rod marked “Brittain & Crawford”, set;
THENCE S 01° 46’ 57” E, 371.27 feet, along the most Westerly East boundary line of said Tract
II to a ½” iron rod found;
THENCE N 88° 12’ 07” E, 145.09 feet, along the most Southerly North boundary line of said
Tract II to a ½” iron rod set at the most Easterly Northeast corner of said Tract II, lying in the
West right-of-way line of aforesaid Coppell Road South;
THENCE S 01° 50’ 07” E, 922.31 feet, along the East boundary line of said Tract II, and the
West right-of-way line of said Coppell Road South to the POINT OF BEGINNING containing
23.118 acres of land.
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Exhibit "A-1"
Option Land
Lot 1, Block A, Lot 1, Block B, Lot 1, Block C, Lot 1, Block D, Lot 1, Block E, Lot 1, Block F,
and Lot 2, Block G, Old Town Addition, Addition to the City of Coppell, Dallas County, Texas,
according to the map or plat filed as Instrument No. 201100074924, Official Public Records,
Dallas County, Texas
I. Amended Net Land Area as of 12/05/11 per F & N Plat Drawing
Square Feet Acres
1. Lot 1, Block B Entry; Cottage 1-4: 23,415 sq. ft.
2. Lot 1, Block C Cottage 5-10: 31,032 sq. ft.
3. Lot 1, Block A Cottage 11-13 + Park: 14,344 sq. ft.
4. Lot 1, Block D Retail 1-5/Svc 1 - 6: 123,858 sq. ft.
5. Lot 1, Block E Square Rest. F1 - F2: 30,100 sq. ft.
6. Lot 1, Block F TH 1W - 14W; 1E - 14E: 115,064 sq. ft.
7. Lot 2, Block G TH 1S-10S: 54,281 sq. ft.
Total Developer Net Land Area: 392,094 sq. ft. = 9.001239669 acres
Date: December 13, 2011
From: Mindi Hurley, Economic Development Coordinator
RE: Main Street at Old Town Coppell First Amendment to Shared Parking
Agreement
On November 9, 2010, City Council approved and authorized the City Manager to sign a
Shared Parking Agreement between the City of Coppell and CSE Real Estate, L.P. for the
parking associated with the development of approximately 23 acres in Old Town
Coppell. This amendment is being brought forward to modify that original agreement.
The changes simply clean up language in the agreement to reflect the changes made in
the First Amendment to the Development Agreement.
Page 1 FIRST AMENDMENT TO SHARED PARKING AGREEMENT
BETWEEN CITY OF COPPELL, TEXAS, AND CSE COMMERCIAL REAL ESTATE, LP
STATE OF TEXAS
COUNTY OF DALLAS
§
§
§
§
First Amendment to Shared Parking Agreement
Between City of Coppell, Texas, and
CSE Commercial Real Estate, LP
This First Amendment to Shared Parking Agreement (this “First Amendment”) is made
by and between the City of Coppell, Texas (the “City”), and CSE Commercial Real Estate, LP, a
Texas limited partnership and its permitted assigns (the “Company”), acting by and through their
respective authorized officers and partners.
RECITALS:
WHEREAS, on or about November 29, 2010, Company and Coppell Economic
Development Foundation, Inc., (“CEDF”) entered into that certain Option Agreement (“the
Option Agreement”) granting to Company an option to purchase certain real property described
in Exhibit “A-1” of the Option Agreement (the “Option Land”); and
WHEREAS, Company and CEDF have entered into an agreement of even date herewith
to make certain amendments to the Option Agreement that the parties thereto believe to be
mutually advantageous; and
WHEREAS, on or about November 29, 2010, Company and City entered that certain
Development Agreement (“the Development Agreement”) setting forth the agreement of the
parties regarding the development by City and Company of the Option Land; and
WHEREAS, Company and City desire to make certain amendments to the Development
Agreement that the parties believe to be mutually advantageous and consistent with the
amendments made to the Option Agreement; and
WHEREAS, on or about November 29, 2010, City and Company entered into that
certain Shared Parking Agreement (“the Parking Agreement”) regarding the use of public
parking constructed by City or Company in association with the development and use of the
Option Land and property to be owned and developed by City; and
WHEREAS, Company and City desire to make certain amendments to the Parking
Agreement that are consistent with the amendments made or to be made to the Option
Agreement and Development Agreement;
NOW, THEREFORE, for and in consideration of the mutual covenants, conditions, and
promises made one to the other, Company and City agree as follows:
1. The Parking Agreement is hereby amended as follows:
A. The date “November 29” shall be inserted into the blanks in the definitions of
“Development Agreement” and “Option Agreement” as they appear in Article II.
Page 2 FIRST AMENDMENT TO SHARED PARKING AGREEMENT
BETWEEN CITY OF COPPELL, TEXAS, AND CSE COMMERCIAL REAL ESTATE, LP
B. The phrase “thirty-eight (38)” is deleted where it appears in the second recital and
the definition of “Project” in Article II.
C. Section 4.6 shall be amended by adding the name “Robert E. Hager” above the
name “Peter G. Smith” where it appears in said section.
D. Exhibit “A-1” shall be amended in its entirety as set forth in Attachment I,
attached hereto and incorporated herein by reference.
2. Except as otherwise amended by this First Amendment, the Parking Agreement remains
in full force and effect.
3. This First Amendment shall become effective on the date it is signed by authorized
representatives of the parties hereto.
(Signatures on Following Page)
Page 3 FIRST AMENDMENT TO SHARED PARKING AGREEMENT
BETWEEN CITY OF COPPELL, TEXAS, AND CSE COMMERCIAL REAL ESTATE, LP
SIGNED AND AGREED this the ___ day of _________________, 2011.
City of Coppell, Texas
By:
Clay Phillips, City Manager
Attest:
By:
Christel Pettinos, City Secretary
Agreed as to Form:
By:__________________________
City Attorney
SIGNED AND AGREED this the ___ day of _________________, 2011.
CSE Commercial Real Estate, LP
By: Debco partners, LLC, its general
partner
By:
Charles Cotten, Member
Page 1 ATTACHMENT I TO FIRST AMENDMENT TO SHARED PARKING AGREEMENT
BETWEEN CITY OF COPPELL, TEXAS, AND CSE COMMERCIAL REAL ESTATE, LP
(kbl 12/7/11:52811)
ATTACHMENT I
Revised Exhibit "A-1" - Option Land
Lot 1, Block A, Lot 1, Block B, Lot 1, Block C, Lot 1, Block D, Lot 1, Block E, Lot 1, Block F,
and Lot 2, Block G, Old Town Addition, Addition to the City of Coppell, Dallas County, Texas,
according to the map or plat filed as Instrument No. 201100074924, Official Public Records,
Dallas County, Texas
I. Amended Net Land Area as of 12/05/11 per F & N Plat Drawing
Square Feet Acres
1. Lot 1, Block B Entry; Cottage 1-4: 23,415 sq. ft.
2. Lot 1, Block C Cottage 5-10: 31,032 sq. ft.
3. Lot 1, Block A Cottage 11-13 + Park: 14,344 sq. ft.
4. Lot 1, Block D Retail 1-5/Svc 1 - 6: 123,858 sq. ft.
5. Lot 1, Block E Square Rest. F1 - F2: 30,100 sq. ft.
6. Lot 1, Block F TH 1W - 14W; 1E - 14E: 115,064 sq. ft.
7. Lot 2, Block G TH 1S-10S: 54,281 sq. ft.
Total Developer Net Land Area: 392,094 sq. ft. = 9.001239669 acres
Date: December 13, 2011
To: Mayor and City Council
From: Mac Tristan, Chief of Police
Reference: Phase II Public Safety Radio System Upgrade
Background:
On September 14, 2010, Coppell City Council approved a proposal for services from RCC
Consultants for the purposes of providing a feasibility study into upgrading the public safety
radio communications and mobile data systems (Phase I). The second part of this study was to
determine the viability of transitioning into a combined dispatch center for the consortium cities
(Carrollton, Addison, Farmers Branch and Coppell).
Both studies have been completed and the consortium cities are ready to proceed with the radio
upgrade portion (Phase II) of the project. The four cities have also decided to consider other
options and consultants to determine the feasibility of forming a combined dispatch center.
Phase II entails an upgrade and expansion of the our current radio system to a digital P25 system.
RCC Consultants will design and prepare procurement specifications for the Upgrade, evaluate
vendor proposals to provide the Upgrade, and select a vendor to provide and install the Upgrade.
Total cost for Phase II is $229,548.00. This cost will be split among the four cities therefore
Coppell’s portion will be $57,387.00
Staff Recommendation:
It is staff’s recommendation for the City Council to authorize the City Manager to sign the
“Second Radio System Interlocal Agreement” with the cities of Carrollton, Addison, and
Farmers Branch at a cost of $57,387.00
Second Radio System Interlocal Agreement
Page 1 of 4
SECOND RADIO SYSTEM INTERLOCAL AGREEMENT
This Second Radio System Interlocal Agreement (“Agreement”) is made by and between
the City of Carrollton, Texas (“Carrollton”), the City of Farmers Branch, Texas (“Farmers
Branch”), the City of Coppell, Texas (“Coppell”), and the Town of Addison, Texas (“Addison”)
(Carrollton, Farmers Branch, Coppell, and Addison are hereinafter sometimes referred to
together as the “Cities” and individually as a “City”).
Recitals:
1. Carrollton, Farmers Branch, and Addison participate by agreement in the use of a
four-site nine-channel 800Mhz Trunked Simulcast Radio System (the “System”) which provides
radio coverage for each of them in the exercise of their respective governmental functions,
including their provision of police, fire and emergency medical services. The System was
designed and developed with the assistance of RCC Consultants, Inc., a Texas corporation
(“RCC”).
2. Effective July 26, 2010, those three cities entered into an agreement entitled
“Radio System Interlocal Agreement,” that provided for them to share equally in the costs of a
study, to be conducted by RCC, regarding a possible upgrade of the System and a review of
other items regarding their public safety radio communications and operations, including a
potential upgrade of their individual mobile data systems and an evaluation of their
communications dispatch center operations (“Phase I” or the “Study”). Following the execution
of the Phase I agreement, Coppell expressed an interest in participating in the Study, and
separately entered into an agreement with RCC that in effect expanded the Study to include
Coppell.
3. RCC completed the Study, reflected in its report dated September 2011, and
recommended therein an upgrade and expansion of the System to a digital P25 system (such
upgrade and expansion being referred to herein as “Phase II” or the “Upgrade”), to include all of
the Cities. In a separate report, RCC has concluded that a consolidated dispatch center is feasible
and should have a reasonable return on investment time period.
4. The Cities desire that RCC provide certain services to facilitate implementation of
the Upgrade, including the design of and preparation of procurement specifications for the
Upgrade, evaluation of vendor proposals to provide the Upgrade, and selection of a vendor to
provide and install the Upgrade. The Cities recognize that, depending on the result of Phase II,
the Cities may need an additional agreement that addresses management of the Upgrade
installation and implementation and testing of the Upgrade (such additional agreement, if any,
being Phase III).
5. As with Phase I, the Cities desire that Addison enter into an agreement for Phase
II with RCC, with the cost thereof to be shared equally by the Cities as set forth herein. A copy
of a proposed agreement entitled “First Amendment to Consultant Services Agreement” between
Addison and RCC to conduct Phase II as described in the RCC Proposal is attached hereto as
Exhibit A and incorporated herein (the “Phase II Agreement”). The Phase II Agreement
provides for RCC to conduct the Radio Study. Addison has approved the Phase II Agreement,
Second Radio System Interlocal Agreement
Page 2 of 4
subject to and contingent upon, however, the approval and execution of this Agreement by the
Cities.
6. The provision of police, fire, and emergency medical services, the radio
communications that are essential thereto, and the work and services described herein in
connection therewith, are essential to the public health and safety and are governmental functions
and services pursuant to Chapter 791, Tex. Gov. Code, pursuant to which this Agreement is
authorized.
NOW, THEREFORE, for and in consideration of the mutual benefits and obligations
set forth in this Agreement, the City of Carrollton, Texas, the City of Farmers Branch, Texas, the
City of Coppell, Texas, and the Town of Addison, Texas do hereby agree as follows:
Section 1. The above and foregoing Recitals are true and correct and are incorporated
into this Agreement and made a part hereof for all purposes.
Section 2. The Cities agree that they shall each pay one-fourth of the total cost of the
Phase II Agreement as set forth therein. Such total cost is shown in the Phase II Agreement to be
$229,548, and therefore each City shall pay $57,387. Addison will make payments to RCC in
accordance with the Phase II Agreement, and each of Carrollton, Farmers Branch, and Coppell
shall reimburse Addison their proportionate (one-fourth) share of each payment made by
Addison. Such reimbursement shall be made by Carrollton, Farmers Branch, and Coppell not
later than 15 days following their receipt of an invoice from Addison identifying the amount(s)
paid by Addison and a copy of the RCC invoice and any supporting documentation received in
support thereof from RCC.
The payments made by Carrollton, Farmers Branch, and Coppell to Addison pursuant to
this Agreement shall be made from current revenues available to each of Carrollton, Farmers
Branch, and Coppell.
Section 3. For purposes of this Agreement, notices and other communications shall
be in writing, addressed as provided hereinafter to the party to whom the notice or request is
given, and shall be either (i) delivered personally, (ii) sent by United States certified mail,
postage prepaid, return receipt requested, or (iii) placed in the custody of Federal Express
Corporation or other nationally recognized carrier to be delivered overnight. Notice shall be
deemed given upon receipt. Addresses for notices and other communications are as follows:
To Carrollton:
Attn:
To Farmers Branch:
Attn:
Second Radio System Interlocal Agreement
Page 3 of 4
To Coppell:
Mac Tristan, Chief of Police
130 Town Center Blvd
Coppell, Texas 75019
Attn:
To Addison:
Attn:
From time to time each City may designate another address within its boundaries for
purposes of this Agreement by giving the other party not less than ten (10) days advance notice
of such change of address in accordance with the provisions hereof.
Section 4. Each City shall not, and shall have no authority to, assign or otherwise
transfer this Agreement or an portion hereof without the prior written consent of the other Cities.
No assignment or other transfer by any City will be effective without the written consent of the
other Cities.
Section 5. This Agreement represents the entire and integrated agreement between
the Cities, and supersedes all prior negotiations, representations and/or agreements, either written
or oral with regard to the subject matter hereof. This Agreement may be amended and modified
only by written instrument signed by authorized representatives of each of the Cities.
Section 6. The provisions of this Agreement are severable. If any paragraph, section,
subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of
competent jurisdiction to be contrary to the law or contrary to any rule or regulation having the
force and effect of the law, such decisions shall not affect the remaining portions of the
Agreement.
Section 7. This Agreement and the rights and duties of the Cities shall be governed
by the laws of the State of Texas, without regard to the choice of laws provisions of any
jurisdiction. This Agreement shall be enforceable in Dallas County, Texas, and, if legal action is
necessary, exclusive venue shall lie in Dallas County, Texas.
Section 8. This is a negotiated document. Should any part of this Agreement be in
dispute, the Cities agree that the terms and provisions of this Agreement shall not be construed
more favorably for or strictly against any City.
Section 9. It is not a waiver of or consent to a breach, failure to perform, or default of
this Agreement if the non-defaulting party fails to declare promptly a default or delays in taking
any action. Pursuit of any rights or remedies set forth in this Agreement does not preclude
pursuit of any other rights or remedies in this Agreement or available or provided by law, in
equity, or otherwise.
Section 10. This Agreement and all of its provisions are solely for the benefit of the
Cities and, except as set forth herein, are not intended to create or grant any rights, contractual or
otherwise, to any third person or entity.
Second Radio System Interlocal Agreement
Page 4 of 4
Section 11. This Agreement shall be effective upon the date that the last of the Cities
executes this Agreement as reflected by the date of execution of this Agreement by the
authorized representatives of the Cities set forth below.
Section 12. The Cities do not waive any immunity or other defenses or tort limitations
to any claims by their the execution of this Agreement, and no City waives, nor shall be deemed
to waive, any immunity or defense or tort limitation which otherwise is available in claims
arising from or in connection with any activity conducted pursuant to this Agreement.
Section 13. This Agreement may be executed in counterparts, each of which shall
constitute an original and all of which together shall constitute one and the same agreement.
Section 14. The undersigned persons are the properly authorized representatives of
each of the respective Cities and have the necessary authority to execute this Agreement on
behalf of the Cities.
EXECUTED by each of the Cities as of the dates set forth below.
CITY OF CARROLLTON, TEXAS
By:
Title:
Date:
CITY OF FARMERS BRANCH, TEXAS
By:
Title:
Date:
CITY OF COPPELL, TEXAS
By:
Clay Phillips, City Manager
Date:
TOWN OF ADDISON, TEXAS
By:
Ron Whitehead, City Manager
Date:
TM52761
RESOLUTION NO. 2011-_____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, APPROVING A SECOND AMENDMENT TO
THE TRI-CITIES POLICE CONSORTIUM LAW ENFORCEMENT
MUTUAL AID IMTERLOCAL AGREEMENT BETWEEN THE
CITY OF COPPELL, THE CITY OF FARMERS BRANCH, THE
CITY OF CARROLLTON, TEXAS AND THE TOWN OF
ADDISON, TEXAS, TEXAS REGARDING THE PROVISION OF
LAW ENFORCEMENT AND RELATED SERVICES;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAID
SECOND AMENDMENT; PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Coppell, Texas (the “City”), the City of Carrollton, Texas
(“Carrollton”), the Town of Addison (“Addison”), and the City of Farmers Branch
(Farmers Branch”) are neighboring municipalities and, pursuant to and in accordance
with law (including, without limitation, the Interlocal Cooperation Act (Texas
Government Code Section 791.001, et. seq.) and Sections 362.002 and 362.003 of the
Texas Local Government Code), previously entered into an agreement regarding the
provision of law enforcement and related services entitled “Tri-Cities Police
Consortium Law Enforcement Mutual Aid Interlocal Agreement” (the “Agreement”), a
true and correct copy of which is on file in the office of the City Secretary; and
WHEREAS, the City, Carrollton, Addison, and Farmers Branch desire to amend the
Agreement authorizing the consultant hired under the Agreement as provided in the
Second Amendment to to the Tri-Cities Police Consortium Law Enforcement Mutual
Aid Interlocal Agreement, a true and correct copy of which is attached hereto as Exhibit
A and incorporated herein; and
WHEREAS, the City Council of the City of Coppell, Texas, finds it to be in the public
interest to approve the changes to the Agreement as set out in the Second Amendment
to the Tri-Cities Police Consortium Law Enforcement Mutual Aid Interlocal
Agreement; to share in the cost of the additional consultancy services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS THAT:
SECTION 1. The above and foregoing recitals to this Resolution are true and correct
and are incorporated into and made a part of this Resolution for all purposes.
SECTION 2. The City Council approves the Second Amendment to Tri-Cities Police
Consortium Law Enforcement Mutual Aid Interlocal Agreement attached hereto as
Exhibit A, in amount not to exceed fifty seven thousand three hundred eighty seven
dollars ($57,387) signed and authorized for the City Manager to execute.
TM52761
SECTION 3. This Resolution shall be effective immediately upon approval.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, THIS ____ DAY OF ______________, 2011.
ATTEST: APPROVED:
_____________________________ ______________________________
Christel Pettinos, City Secretary Douglas N. Stover, Mayor
APPROVED AS TO FORM:
______________________________
Robert E. Hager, City Attorney
EXHIBIT “A”
First Amendment to Tri-Cities Consortium Law Enforcement Mutual Aid Interlocal Agreement
Page 1 of 3
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: December 13, 2011
RE: Consider approval of Change Order Number 2 to the Old Town
Coppell and Bethel Road Infrastructure Improvements (ST10-02)
project to JRJ Paving, L.P. in the amount of $74,677.00; as provided
in CIP funds; and authorizing the City Manager to sign all necessary
documents.
On September 13, 2011, Council awarded a contract to JRJ Paving, LP in the amount of
$4,654,190.39 for the construction of Old Town Coppell and Bethel Road infrastructure
improvements. This award amount included a $295,000.00 potential bonus set aside for
early completion of various milestones throughout the project. Since this award, one
change order was approved that had no monetary value associated with it, it simply
adjusted milestone dates established in the contract at the request of the city’s
development partner and the contractor.
The change order before you this evening is due to unforeseen utility conflicts
encountered in the Bethel Road portion of the project. As discussed during the award of
the project this area of town contains some of our oldest utility infrastructure. The
records available for us to use during the design have proven to be incomplete and less
accurate than we would have liked. This change funds the relocation of an existing 16”
water line that is in direct conflict with the proposed 42” storm drain being constructed
with this project.
We are also adding a pay item for the contractor to continue to investigate and remove
old water lines. We are adding this as an hourly rate pay item to be used at the city’s
discretion. As of the date of this meeting, the contractor has expended approximate 30
hours investigating and tracing existing water lines. We are proposing to pay them for
the work completed to date, and include an additional 70 hours to be used in the future to
trace the balance of the old lines in the area and ensure they are properly taken out of
service.
2
Approval of this Change Order Number 2 will allow the contractor to move forward with
the relocation of this conflicting water line, and continue with the Bethel Road portion of
this project. It is our opinion that the contractor has provided fair and reasonable pricing
for these changes, and we recommend approval of this change order in the amount of
$74,667.00.
Staff will be available to answer any questions at the council meeting.
S:\CAD\In_Design\ST10-02 OLD COPPELL\dwg\OLD COPPELL DEV.dwg \ST10-02 CHG ORD 2
Old Town Coppell and Bethel Road
Improvements (ST10-02)
Change Order Number 2
Created in CIVIL3D
1 INCH = 1 MILE
0
1/2
11/2
1 INCH = FT.
0 50
50
25
Old Town Coppell and Bethel Road
Improvements (ST10-02)
Change Order Number 2
S:\CAD\In_Design\ST10-02 OLD COPPELL\dwg\OLD COPPELL DEV.dwg \ST10-02 CHG ORD 2
Created on: 5 December 2011 by Scott Latta
Created in CIVIL3D
2/2
PROPOSED 16" WATER
LINE ADDITION
EXISTING 16" WATER LINE
PROPOSED STORM DRAIN
CITY OF COPPELL
CHANGE OR EXTRA WORK ORDER
PROJECT: Old Town Coppell and Bethel Road Infrastructure
Improvements (ST 10-02)
CONTRACTOR: JRJ Paving, L.P.
OWNER: City of Coppell
CHANGE ORDER NO.: Two (2) DATE: December 13, 2011
1. This change order provides for compensation to re-route a 16” water line that is in conflict
with the 42” storm drain at the intersection of South Coppell Road and Bethel Road.
2. This change also provides compensation for the removal of approximately 9 yards of
concrete blocking that was encountered when trying to lay the storm drain. This blocking
is directly in the way of the project, and needs to be removed.
3. Finally, this change provides a pay item to be used at the city’s discretion to direct the
contractor to investigate, trace and remove or abandon old water lines.
Item Description Quantity Unit Unit Price Total
ADD: 1 16” C905 DR18
PVC Water Line
100 LF $155.10 $15,510.00
2 16” x 16” Tapping
Sleeve and Valve
1 EA $18,645.00 $18,645.00
3 16” 22 ½ Degree
Bend & Blocking
2 EA $1,997.00 $3,994.00
4 Connect to Existing
16” Water Line
1 EA $2,431.00 $2,431.00
5 Cut and Plug
Existing 16” Water
Line
3 EA $2,767.00 $8,301.00
6 Necessary Testing of
Additional Water
1 LS $1,100.00 $1,100.00
7 Demolition and
Removal of
Unforeseen Concrete
Blocking
1 LS $2,586.00 $2,586.00
8 Labor and
Equipment used to
Expose, Locate, and
100 Hour $221.00 $22,100.00
Remove Old Water
Lines from Service
209 Trench Safety 100 LF $0.11 $11.00
Total Revision to Contract Amount
$74,667.00
Original contract amount $4,350,190.39
Net increase in contract amount $74,677.00
Revised contract amount $ 4,424,806.39
Cumulative increase in TOTAL change order amount (Percentage) 1.7%
Net increase in contract time of completion 0
Revised Contract time of completion 350 Calendar Days
The contractor hereby accepts this Contract adjustment as a final and complete adjustment in full
accord and satisfaction of all past and future liability originating under any clause in the Contract
by reason of this revision to the Contract.
________________________________________
Recommended by City Engineer Date
________________________________________
Agreed to by Contractor Date
________________________________________
Accepted by City Date
1
MEMORANDUM
TO: Mayor and City Council
FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
DATE: December 13, 2011
RE: Discussion concerning the City’s Water Conservation and Drought
Contingency Plan and a date for implementation of Stage 1.
On November 16, 2011, the Dallas City Council was briefed on the initiation of their
Drought Contingency Plan Stage 1. Based on the briefing and action from the Managers
office, the City of Dallas will be implementing Stage 1 of their plan on December 12,
2011. If you review the City of Dallas Drought Contingency Plan, their Stage 1 states
that their target is to “achieve a 5% reduction in total gallons per capita per day.” In their
plan, they list a menu of possible actions to achieve the 5% reduction. The number one
action states “require reduction of water use through mandatory maximum two days per
week landscape watering schedule and require watering only during allowed watering
hours.”
Wholesale water customers of the City of Dallas, of which the City of Coppell is one,
have received notification from the City of Dallas that we will also be required to
implement a 5% reduction in usage. I have asked for a clarification from Dallas Water
Utilities on whether we are just supposed to achieve a target reduction of 5% or are we
supposed to restrict landscape irrigation to no more than two days per week as required
by the City of Dallas Stage 1. I have been notified via email that the only requirement of
the wholesale customers will be to reduce consumption by 5%. The 5% reduction was
also verified in the official December 5, 2011 notification letter from Dallas. I am still
seeking additional clarification as to what the 5% is measured against, i.e., is it a 5%
reduction from the previous year of the same time frame, is it a 5% reduction from our
maximum usage, is it a 5% reduction from our average daily usage, is it a 5% reduction
of our total usage during either a calendar year or a certain period of time, etc. To date, I
have not received a detailed explanation.
A concern arises when we consider initiating one of our stages to attempt to reduce
consumption. If we are bound to the “no more than two days per week landscape
irrigation,” then Stage 3 of the City of Coppell Water Conservation and Drought
Contingency Plan should be implemented. However, Stage 3 could cause an increase in
water usage, as we have experienced in past years. Overall, our water consumption has
reduced over time. Prior to the record drought this summer, our last request for a rate of
2
flow increase from Dallas was August 14, 2000. In the five years, leading up to August
14, 2000 (1995-2000), we requested 11 rate flow increases from Dallas. Our current rate
of flow is 18 MGD. In 1995 it was 9.0 MGD and, after the 11 increases, it was at 17
MGD. It remained at 17 MGD from August 2000 until August 2011. In 1995 our
population 24,000, in 2000 it was 36,000, and it is currently about 40,000. The
population growth drove most of the rate of flow increases in the late 1990’s. However,
even with the growth in the last eleven years, we did not need an increase in our rate of
flow until the drought. The point of the above discussion is that even with growth in the
last eleven years, we reduced our per capita usage.
Council may recall that our current Water Conservation and Drought Contingency Plan
automatically implements Stage 1 on May 15th through September 15th in any given year.
The City Manager, upon notification to the City Council, may implement the plan prior to
May 15th or extend it beyond September 15th. Also, the City Manager, upon notification
to the City Council, is authorized to move from Stage to Stage within the plan, To be
inline with the City Dallas stated goal of a 5% reduction, my recommendation is that the
City Manager should reinitiate Stage 1 of the City of Coppell Water Conservation and
Drought Contingency Plan. Also, the City should stay in Stage 1 until at least September
15, 2012 or until/unless required to go to a more restrictive Stage by the City of Dallas or
by the actual water consumption within the City of Coppell.
Information from the presentation made to the City of Dallas City Council by City Staff
will be provided at the Council meeting. With this agenda item, I have included pertinent
sections of the City of Dallas Drought Contingency Plan as adopted by resolution of the
City of Dallas City Council on June 9, 2010.
The entire plan can be found at:
http://savedallaswater.com/pdf/Drought%20Contingency%20Plan.pdf.
I have also included pertinent sections of the City of Coppell Water Conservation and
Drought Contingency Plan as approved by City Council on May 12, 2009.
The entire Water Conservation and Drought Contingency Plan can be found at:
weblink.ci.coppell.tx.us/weblink7/DocView.aspx?id=28747&dbid=0.
Staff will available to make a presentation and answer any questions at the Council
meeting.
KenGriffin City ofDallas Enactment ofStage 1 Drought Contingency PlanRestrictions
From Culton Jacqueline jacqueline culton@dallascityhall com
To Lea Dunn ldunn@addisontx gov jdavis@addisontxgov BobScott B
Date 12 2 2011 12 22PM
Subject City ofDallas Enactment of Stage 1Drought Contingency PlanRestrictions
CC Lowery Terry terry lowery@dallascityhall com Stewart Reginald
Attachments Dallas City Manager letter toMayor andCityCouncil regarding Initiation of Drought on 121211pdf
Greetings
thTheCityofDallaswillenactStage1ofitsDroughtContingencyPlanDCPrestrictionsonDecember12 asbriefedtotheDallas
thththCityCouncilonNovember16andascommunicatedtoyourcityentityonNovember11alongwithlinkstotheNovember16
droughtandwater conservation briefings Pleasereference page10ofthedroughtbriefingwhereitstatesaprudentapproachis
tomoveforwardwithDecember12implementation ofStage1
http www dallascityhall com council briefings briefings1111 DWUDroughtUpdate 111611 pdf
thAttachedforyourinformationanduseisacopyoftheDallasCityManagersletterdatedNovember11 totheMayorand City
Councilregardingenactment ofStage1oftheDrought
Dallasispreparing anofficialnotificationlettertosendearlynextweekviacertifiedmailtoeachofyourcitymanagersregarding
enactmentofStage1restrictions Theletterwillincludeactions requested ofourwholesale watercustomers Youwillalsoreceive
copies oftheletter
Pleaseletusknowifyouhaveanyquestions
Sincerely
Jackie Culton PE
CityofDallas Water Utilities Department
214 670 5243 phone
214 670 1240 fax
Jacqueline Culton@dallascityhall com
From Culton Jacqueline
Sent Friday November 11 2011 6 51PM
Subject City of DallasCouncil Briefings Regarding Drought Contingency PlanImplementation andWaterConservation Efforts
Greetings toAll
DallasWater Utilitieswill present the following two briefingsat the November 16 2011meetingof the DallasCity
Council
Dallas Water Utilities Drought Update and ImpactBriefing
Provides
Overview of
Ongoing drought weatherconditions and itsimpact onDallaswatersupply
Water treatment capacity restrictions
Probable water sales to other area water providers
Communication plan forthe implementation of droughtstages and enforcement actions Provides for
Dallas to faxandemailcopies of press releaseand CMO memo towholesalecustomer cities contacts send
certified mailpacket announcing initiation ofStage 1within 24hours after public announcement andrequire
implementationof like procedures bywholesale watercustomers
Recommendations andnextstepsfor Dallas City Council consideration City Manager plans toenact Stage
1watering restrictions effective Monday December12 2011
Dallas Approach toWater Conservation
Provides
Overview of
City ofDallas Water Conservation Efforts
GreenBuilding Plumbing and LawnandLandscapeWatering Ordinances
Dallas Water Utilities StrategicPlan forWater Conservation
Additional ConservationApproaches Considered by Dallas
Summaryand Future Activities
Please select thefollowing links toreview theBriefings
http www dallascityhall com council briefings briefings1111 DWUDroughtUpdate 111611 pdf
http www dallascityhall com council briefings briefings1111 WaterConservation 111611 pdf
DallasWaterUtilities wholesale customers will be constantlykeptabreastofdroughtand water conservation
activities
Should youhave any questions pleasedonothesitate to contact me Have a wonderfulday
Best Regards
Jackie Culton PE Manager
Wholesale Services Division
CityofDallas Water Utilities Department
214 670 5243 phone
214 670 1240 fax
Jacqueline Culton@dallascityhall com
KenGriffin RE Water Restriction
From Culton Jacqueline jacqueline culton@dallascityhall com
To Ken Griffin kgriffin@coppelltx gov
Date 11 30 201112 54PM
Subject RE Water Restriction
Good Afternoon Ken
The preliminary planisfor Dallasto require its wholesale customers toimplement DCP Stage which hasasagoal a
5 reduction in usage We are not planningat this point torequire wholesale customerstoasktheir customersto
restrict outdoor watering totwodays per week Thisisnotofficial infoatthispoint Iwillletyou know ASAP ifthis
info changes Thank you
Jackie Culton PE
Cityof Dallas WaterUtilities Department
214 670 5243 phone
214 670 1240 fax
Jacqueline Culton@dallascityhall com
From KenGriffin mailto kgriffin@coppelltxgov
Sent Wednesday November 30 2011 8 34AM
To Culton Jacqueline
Subject RE Water Restriction
Jacqueline
Thanksfortheresponse My concern isthat while Stage1oftheDallasDrought ContinencyPlan doeshaveatarget
mandatoryofa5reductioninGPCDitgoesontostateRequirereductionofwaterusethrough maximum 2 days
per week
landscape watering schedule IfDallasimplementsStage 1 onDecember 12th and requires amandatory 2 days
per week watering schedule forDallasresidents will Dallasalsorequire wholesale customers to restrictwatering to
two days perweek orjusttry toachieve a5 reduction inusage
Thanks
Ken Griffin
Culton Jacqueline jacqueline culton@dallascityhall com 11 29 20114 05 PM
Good Afternoon Ken
Yes Sir We willsend each ofourwholesale watercustomers anofficial notice regarding implementationof Stage 1
of our Drought ContingencyPlan We plan tomail it by the endof theweek Most likelywe will request that our
customers impose conservation measures uponits water salesandimplement theappropriate stageofits drought
contingency planwhich hasagoalofatleast afivepercent 5 reduction inwater consumption Stage1ofDallas
DCP has agoal of5 reductioninwater usage This isonly preliminaryinfoatthis pointand could change
Following isalinktoDallas Drought Contingency Plan asadoptedbythe Dallas CityCouncilonJune 9 2010
http savedallaswater com pdf Drought 20Contingency 20Plan pdf
TheCity Manager hasauthority toauthorizeimplementation of theDrought Contingency Plan The DallasCity
Councildid not have toauthorize implementation ofStage 1via resolution ordinance
Please letmeknow ifyouneed additional information Iwillkeep you posted regarding the notification
Thanks
Jackie Culton PE
Cityof Dallas WaterUtilities Department
214 670 5243 phone
214 670 1240 fax
Jacqueline Culton@dallascityhall com
From KenGriffin mailto kgriffin@coppelltxgov
Sent Tuesday November 29 201111 31AM
To Culton Jacqueline
Subject Water Restriction
Jacqueline
Impreparing anagenda itemtodiscuss ourDrought Contingency planwithCouncil on December 13 2011 Iknow
the DallasCouncil recently approved the implementation ofStage1 oftheDallas DroughtContingency Plan togointo
effect December 12 2011 per newspaper articles AccordingtoourDroughtContingency Plan and ourDallaswater
contract weare required toimplement similar curtailment ofwater use orstages ofourDrought ContinencyPlan
when notified byDallas
WillDallas besending anoticetoeach wholesale water customerrequiringthat we enact theappropriatestage ofour
plan tobe consistent withDallas Ifso could you forward me theresolution ordinance that was approved byDallas
to activatestage 1ofyour plan This would assist me indetermining what stage ofour planwe should enact
Thanks for your help
Ken Griffin P E CFM
Director ofEngineering Public Works
972 304 3686
kgriffin@coppelltx gov
CITY OFCOPPELL
WATER CONSERVATION AND DROUGHT
CONTINGENCY PLAN
Section 3 1 12
CODEOF ORDINANCES
APRIL 2009
5 Hand wateringshall mean watering orapplying watertoalawn garden or
landscaping whileholdingthe discharge endof awaterhose
6 Non sprayirrigation system shall meanuse ofsoaker hoses drip orbubble
irrigation systems or othermeans of applying watertoanareawithout spraying
the water into theair
7 Irrigation shallmeanwatering orapplying waterto alawn garden or
landscaping through theuse ofunderground systems with pop upheads
sprinklers attached towater hoses unattended water hoses orany other means of
applying watertoalawn garden or landscaping whichdoesnotfit the definition
ofanon spray irrigation system
8 CityManager shallmean thechief executive officeroftheCity of Coppell under
the Home RuleCharter orhis designee
9 Residential shallinclude the following districts SF ED SF 18 SF 12 SF 9 SF
7 SF 0 2F 9 TH 1 TH 2 MF 1 MF 2 and MH asdefined bythe
Comprehensive Zoning Ordinance
10 Non residential shall include alldistricts not defined as residential districts bythe
Comprehensive Zoning Ordinance andall common propertymaintainedbya
Homeowners Associationor Commercial Property OwnersAssociation
11 Watering shall meanwatering orapplying wateron the lawn trees landscaping
flowerbeds fields playground areas gardens common property City maintained
property School maintained property orother non permeable surfaces inany
zoning districtbyhand watering non sprayirrigation systems irrigation systems
oranyother means
66Criteria forInitiationRescinding ofDrought Response Stages
andDrought Response Stages
The City Manager orhis herdesigneeshall monitorwatersupply and ordemand
conditions ona daily basis andshall determinewhen conditions warrant initiation
or terminationof eachstage ofthe Plan Depending on the availability ofwater
andtheCitysability tosupply essentialwater demands andfireprotection the
City Manager uponnotification tothe City Council mayimplement the Plan
prior toMay 15orextend the plan beyondSeptember 15 in anygiven year The
CityManager upon notification tothe CityCouncil is authorizedtomovefrom
Stage toStage within thePlan when requirements forinitiation or rescindingare
met The CityManager upon notificationto theCity Council may also make
minor changes tothe Planthatare notdetrimental tothe effectiveness ofthe
overall Plan
Thefollowing procedures are required toinitiate or rescind each stageofthe Plan
Notification must be made by public announcement
The order becomes effective immediately upon publicannouncement
Notification will beprovided for publication in the Citys official
newspaper after publicannouncement Thenewspaper ispublished each
Fridayofthemonth Additional notificationwill beprovidedby
information postedon the City s webpageand cable access channel
Theinitiation conditions described herein for eachresponse stage are basedon
historical analysis andrecognized vulnerability ofthe water supply sourceand
waterdistribution system during high water use demands and drought conditions
1 Stage1 Water Awareness Stage
a Initiation Conditions
Stage 1 of the Plan shall be shallbeimplemented when one or
moreof thefollowing conditions occur
1 Annually beginning on May 15 through September 15
2 Short term deficienciesin theCitys distribution system
limit supply capabilities
b Goals
1 Achieve a voluntary reduction in water use
c Demand Management Measures
1 Nooutside watering betweenthe hours of10a m and6
pm with the exception of theuse of non automatic spray
irrigation systems andhand watering which willbeallowed
alldays atall times Theuseof non spray irrigation
systems and hand watering willbeallowed atalltimes in
Stage 1
2 City will encourage water conservation byincreasing
awareness of WaterConservation techniquesthough the
useof various availablemeans includingbutnotlimited to
web page directmail outs water billinserts cableaccess
channel pressreleases orothermeans available toadvise
the publicoftherequirements ofthis ordinance
d Rescinding Conditions
1 Stage 1 of the Planshall beautomaticallyrescinded on
September15of eachyear unlessthere isstillashort term
deficiency in the City sdistribution systemorunlessa
different stagehas beenenacted andis still inforce
2 Stage2 Water Watch Stage
a Initiation Conditions
Stage 2of thePlan shallbe implemented when one ormore of the
following conditions occur
1 Notification is received from DWU requiring
implementationoflikeprocedures by wholesale customers
2 Water demands exceed ninetypercent 90 ofthe current
maximum flow rate contractedwithDWU forfive 5
consecutive days
3 Ground Storage Reservoir levels donotrecoverfortwo 2
consecutive days
4 Short term deficiencies inthe Citysdistribution system
limit supply capabilities
b Goals
1 Reduce theaverage dailywater demand below90 of the
current maximum flow rate contractedfromDWU
c Demand Management Measures
1 Residential water customers south of Sandy Lake Road
mustconduct all watering on Sundays Tuesdaysand
Thursdays
2 Residential water customers north of Sandy Lake Road
mustconductall watering on Saturdays Tuesdaysand
Thursdays
3 Non residential watercustomers must conduct allwatering
on Mondays Wednesdays andFridays
4 The City must conduct all watering ofcenter medians of
streets streetrights of way parks Cityfacilities andother
areas maintained bythe Cityon Mondays Wednesdays and
Fridays
5 Schools mustconduct allwatering ofSchool sites School
facilities and otherareas maintained by theSchools on
Mondays Wednesdays andFridays
6 Homeowners Associations or Commercial Property
Owners Associationsmust conduct allwatering ofcommon
property onMondays Wednesdays and Fridays
7 No watering other than bynon residential users the City
Schools and orHOA s POAswill beallowedon
Mondays Wednesdays and Fridays without an approved
variance
8 Nursery garden andlandscape businesses arenot
restricted whenwatering business inventory however they
must comply withwateringrequirements for the
landscaping associated withthebuilding
9 No outside watering will beallowedbetween thehours of
10 00 a m and 6 00pm with the exceptionof the use
of non automatic spray irrigation systems and hand
watering which willbe allowed alldays at alltimes Use
of non spray irrigation systems andhand watering will be
allowedall days
d Rescinding Conditions
1 Stage 2 ofthe Plan shall berescinded when allof the
initiating conditions have ceasedtoexistforaperiod of
five 5 consecutive days Upon termination ofStage2
Stage 1 Water Awareness Stage becomes operative unless
also rescinded
3 Stage 3 Water Warning Stage
a Initiation Conditions
Stage 3of thePlan shallbe implemented when one ormore of the
following conditions occur
1 Notification is received from DWU requiring water
demandreductions in accordancewithcontract obligations
forwholesale customers
2 Water demands exceed ninety fivepercent 95 of the
current maximum flowratecontracted withDWUfor five
5 consecutive days
1 Short termdeficiencies intheCitysdistribution system
such assystemoutage due tothe failure ordamage of
major water system components limitsupplycapabilities
2 Ground Storage Reservoir levels do not recover forthree
3 consecutive days
b Goals
1 Reduce the average dailywater demand below 95 of the
current maximum flow rate contractedfromDWU
c Demand Management Measures
1 Residential water customers southof Sandy Lake Road
must conductall watering on Sundays and Thursdays
2 Residential water customers north of Sandy Lake Road
must conduct all watering on Saturdays and Tuesdays
3 Non residential water customers must conduct all watering
on Mondaysand Fridays
4 The City must conduct all watering ofcenter medians of
streets streetrights of way parks Cityfacilities andother
areas maintained by theCity on Mondays andFridays
5 Schools mustconduct allwatering ofSchool sites School
facilities and otherareas maintained by theSchools on
Mondays andFridays
6 Homeowners Associations orCommercial Property
Owners Associationsmust conduct allwatering ofcommon
property on Mondays and Fridays
7 Nowatering other than by non residentialusers the City
Schools and orHOAs POAswillbe allowedon Mondays
and Fridays without an approved variance
8 No watering willbeallowed onWednesdays withthe
exceptionof non spray irrigation systems which will be
allowedalldays Hand watering is restrictedto thetwo
allowed days
9 Nursery garden andlandscape businesses arenot
restricted whenwatering business inventory however they
must comply withwateringrequirements for the
landscaping associated withthebuilding
10 InaStage 3Water Warning Stage persons should contact
theCity Engineers office prior toinstalling new
landscaping to determine if a variance willbe considered
As a generalrule no variance will be allowed during a
Stage 3 Water Warning State The CityEngineer or
designee inaStage 3 WaterWarning Statemay revoke
approved variances if deemed necessary to preservethe
Citys ability tosupplyessential waterdemands andfire
protection
11 No outside watering will beallowedbetween thehours of
10 00 a m and 6 00pm with the exceptionof the use
of non automatic sprayirrigation systems whichwill be
allowed all days at all times Hand watering will be
restrictedtothetwo alloweddays
d Rescinding Conditions
1 Stage 3 ofthe Plan shall berescinded when allof the
initiation conditions haveceased to exist fora period of
five 5 consecutive days Upon termination ofStage3
Stage 2 Water Watch Stage becomesoperative unless also
rescinded
4 Stage4 Water Emergency Stage
a Initiation Conditions
Stage 4of thePlan shallbe implemented when one ormore of the
following conditions occur
1 Notification isreceived from DWU requiringwater
demandreductions in accordancewithcontract obligations
forwholesale customers
2 Water demandsexceed100percent 100 of thecurrent
maximum flowrate contracted with DWUfortwo 2
consecutive days
3 Short term deficienciesin theCity s distribution system
such assystemoutage due tothe failure ordamage of
major water system components limitsupplycapabilities
4 Ground Storage reservoir levelsdonotrecover forfour 4
consecutive days
b Goals
1 Reduce the average dailywater demand below 95 of the
current maximum flow rate contractedfromDWU
c Demand Management Measures
1 Residential water customers south of Sandy LakeRoad
must conductall watering on Sundays
2 Residentialwater customers north ofSandy LakeRoad
must conduct allwateringon Saturdays
3 Non residential watercustomers must conduct allwatering
on Wednesdays
4 The Citymust conduct all watering ofcenter medians of
streets streetrights of way parks Cityfacilities andother
areas maintained by theCity on Wednesdays
5 Schools mustconduct allwatering ofSchool sites School
facilities and otherareas maintained by theSchools on
Wednesdays
6 Homeowners Associations orCommercial Property
Owners Associationsmust conduct allwatering ofcommon
property on Wednesdays
7 Nowatering other than by non residentialusers the City
Schools and orHOA s POAswill beallowedon
Wednesdays
8 No watering willbe allowed onMondays Tuesdays
Thursdays andFridays with the exception ofnon spray
irrigation systems which willbe allowed all days No
outside watering willbe allowedbetween thehours of
10 00 a m and 6 00pm with the exceptionof the use
of non automatic sprayirrigation systems whichwill be
allowed alldays atalltimes Hand watering is restricted to
theone allowed day
9 Nursery garden andlandscape businesses arenot
restricted whenwatering business inventory however they
must comply withwateringrequirements for the
landscaping associated withthebuilding
10 Ina Stage 4Water EmergencyStage persons should
refrain from installing newlandscaping Novariance for
watering more than oneday perweek willbeallowed
during aStage4Water EmergencyState TheCity
Engineerordesignee ina Stage 4Water Emergency State
will revoke anyvariancesapprovedduring theStage3
Water Warning Stage
d Rescinding Conditions
1 Stage 4 of the Plan shall be rescinded when all of the
initiation conditions haveceased to exist fora period of
five 5 consecutive days Upon termination ofStage4
Stage3 Water WarningStage becomes operative unless
also rescinded
5 Stage5 Emergency WaterShortage Stage
a Initiation Conditions
Stage 5 of the Plan shall be implemented when the CityManager
determines that awater supplyemergency existsbased on one or
more ofthe following conditions
1 Any majorwater system component failurethat causes the
unprecedented lossofcapability toprovide waterservice
2 Naturalorman made contamination ofthewater supply
source s
b Goals
1 Restrict all wateringto allow the water system to recover
from the emergencycondition
c Demand Management Measures
1 Nooutdoorwateringwill beallowed
2 Doorhangers willbe placedon allhouses intheaffected
area providinginformation aboutthe situation
d Rescinding Conditions
1 Stage5of thePlanshallbe rescinded when all ofthe
initiation conditions haveceased to exist The City
Manager will thendetermine whatstage ofthePlanshould
beimplemented and thespecific wateruse restrictions
requiredto preserve the Citys abilitytomeet essential
water demand andfireprotection
67Variances
1 TheCity Manager or his herdesignee may in writing grant variances
forwateruses toestablish new lawns orlandscaping otherwise prohibited
under thisPlan under Stage 1or 2 asprovidedherein
Persons requesting avariance from the provisions ofthisPlan shall filea
requestwith the City ofCoppell tobereviewed by the City Manager or
his herdesignee and shall include thefollowing
a Name and addressof thepetitioner s
CityofDallas
DroughtContingencyPlan
AdoptedbyResolutionoftheCityofDallas
CityCouncilonJune9 2010
DallasWaterUtilities
1500MarillaRoom4AN
DallasTexas75201
Majorwaterlinebreaks orpumporsystemfailuresoccur whichcause
significantlossofcapabilitytoprovidetreatedwaterservice or
Naturalorman madecontaminationofthewatersupplysource s occurs
B RequirementsforTermination
Stage4ofthePlanmaybeterminatedwhentheStage4conditionsno
longerexistandwouldbeunlikelytorecurupontermination
SECTIONIX
DroughtResponseStages
TheDirector orhisherdesignee shallmonitorwatersupplyandordemandconditionson
aweeklybasisand inaccordancewiththetriggeringcriteriasetforthinSectionVIIIof
thisPlan shalldetermineifconditionsexistthatwouldtriggeranyofthedesignated
droughtstages andifso shallimplementthefollowingactions
Stage1Response
Target Achievea5percentreductionintotalgallonspercapitaperday GPCD
A WaterUseRestrictionsforDemandReduction
Followingisamenuofpossibleactions Specificactionstakenduringanydrought
situationwillbedeterminedbytheDirectorofDWU TheDirectormayalsotakeother
actionsnotlistedifdeemednecessary
AllWaterUsers
mandatoryARequirereductionofwaterusethroughmaximum2 days per week
landscapewateringscheduleandrequirewateringonlyduringallowedwatering
hoursasdefinedinSectionVII Irrigationoflandscapedareaswithhose end
sprinklersautomaticirrigationsystems soakerhoses dripirrigationsystems
handheldhosesandfaucet filledbucketsshouldbelimitedtoSundaysand
Thursdaysforcustomerswithastreetaddressendinginanevennumber 024
6or8 andforlocationswithoutaddressesandlimitedtoSaturdaysand
Wednesdaysforwatercustomerswithastreetaddressendinginanoddnumber
1357or9 Apartmentsofficebuildingcomplexesorotherproperty
containingmultipleaddressesmaybeidentifiedbythelowestaddressnumber
B Encouragereductioninfrequencyofwateringnewandfirstyearlandscaping
C Encourageonlyinitialfillingofornamentalfountains
D Encouragereductioninfrequencyofwashingorrinsingofvehiclesand
recommenduseofbucket containerhand heldhosewithpositiveshut offvalve
orcommercialcarwash
9CityofDallasDroughtContingencyPlan
E Encouragereductioninfrequencyindrainingandrefillingofswimmingpools
F Encouragereductioninfrequencyofrecreationaluseincludinguseoffaucets
hosesorhydrants
G Foundationsmaybewateredonanydayoftheweekduringtheallowed
wateringhoursasdefinedinSectionVII Foundationsmaybewateredwitha
soakerhoseorahand heldhoseequippedwithapositiveshutoffnozzleonly
CityGovernment
A Initiatepubliceducationcampaignteachingandencouragingreducedwateruse
practices
B Encourage25percentreductioninfrequencyofwetstreetsweepingandcity
vehiclewashingandrinsing
C Intensifynormalleakdetectionandrepairactivitiesonwaterpipesandmains
D Encouragereductionofwateruseincity ownedornamentalfountains
E Encouragereductioninlandscapeusesforparks
F Requirereductionofwaterusethroughday of weeklandscapewatering
scheduleforgolfcourses
CommercialCustomers
A Identifyandencouragevoluntaryreductionmeasuresbyhigh volumewater
usersthroughwateruseaudits
B Encouragereductioninlandscapeusesforparks
C Encouragereductioninwateruseforlandscapenurserystock
D Requirereductionofwaterusethroughday of weeklandscapewatering
scheduleforgolfcourses
E Encouragearearestaurantstoservecustomerswaterbyrequestonly
F Encouragehotel motelstorequestmultipledaypatronstoreuselinensinsteadof
changingeveryday
WholesaleUntreatedWaterCustomers
A Reduceusageforwholesaleuntreatedwatercustomerspercontractterms
WholesaleWaterCustomer
A Encourageimplementationoflikeproceduresbywholesalewatercustomers
10CityofDallasDroughtContingencyPlan
InterruptibleWaterCustomers
A Reduceusageforinterruptiblecustomerspercontractterms
Stage2Response
Target Achievea15percentreductionintotalgallonspercapitaperday GPCD
A WaterUseRestrictionsforDemandReduction
Followingisamenuofpossibleactions Specificactionstakenduringanydrought
situationwillbedeterminedbytheDirectorofDWU TheDirectormayalsotakeother
actionsnotlistedifdeemednecessary AllrequirementsofStage1shallremainineffect
duringStage2andthefollowingadditionalmeasureswillberequired
AllWaterUsers
mandatoryARequirereductionofwaterusethroughmaximum1 day per week
landscapewateringscheduleandrequirewateringonlyduringallowedwatering
hoursasdefinedinSectionVII Irrigationoflandscapedareaswithhose end
sprinklersautomaticirrigationsystems soakerhoses dripirrigationsystems
handheldhosesandfaucet filledbucketswillbelimitedtoThursdaysfor
customerswithastreetaddressendinginanevennumber 0246or8 and
forlocationswithoutaddressesandlimitedtoWednesdaysforwatercustomers
withastreetaddressendinginanoddnumber 1357or9 Apartments
officebuildingcomplexesorotherpropertycontainingmultipleaddressesmay
beidentifiedbythelowestaddressnumber
B Restrictoperationofornamentalfountainsorpondstoinitialfillingexcept
wherenecessarytosupportaquaticlifeorwheresuchfountainsorpondsare
equippedwitharecirculationsystem
C Prohibitrecreationalwateruseincludinguseoffaucets hosesorhydrants
whichuseswaterinsuchamannerastoallowrun offorotherwastes
D Restrictwashingofanymotorvehiclemotorbike boattrailerairplaneorother
vehicletotheuseofahand heldbucketorahand heldhoseequippedwitha
positiveshutoffnozzleforquickrinses Vehiclewashingmaybedoneatany
timeontheimmediatepremisesofacommercialcarwashorcommercial
servicestationFurthersuchwashingmaybeexemptedfromtheseregulations
ifthehealth safetyandwelfareofthepubliciscontingentuponfrequent
vehiclecleansing suchasgarbagetrucksandvehiclesusedtotransportfood
andperishables
E Encouragefurtherreductioninfrequencyindrainingandrefillingofswimming
pools
F Prohibithosingoffpavedareas buildings windowsorothersurfaces
11CityofDallasDroughtContingencyPlan
CityGovernment
A Initiateengineeringstudiestoevaluatealternativestomitigatedrought
conditionsshouldconditionsworsen
B Acceleratepubliceducationcampaignteachingandencouragingreducedwater
usepractices
C Reducefrequencyofwetstreetsweepingandcityvehiclewashingorrinsingby
50percent
D Prohibitflushingofnewmainsnotimmediatelyrequiredtoprovideservice
E Continueintensifiedleakdetectionandrepairactivitiesonwaterpipesand
mains
F Prohibitoperationofornamentalfountainsbycitygovernment
G Citygovernmentrestrictedtoday of weeklandscapewateringschedule
H Requirereductionofwaterusethroughday of weeklandscapewatering
scheduleforparksandgolfcourses
I Increaseenforcementefforts
CommercialCustomers
A Encouragefurtherreductioninlandscapeusesfornurserystock
WholesaleWaterCustomers
A Requirewaterdemandreductionsinaccordancewithcontractobligationsfor
wholesalewatercustomers
WholesaleWaterContracts
A Everyofferforanewwholesalecontractshallbereviewed Anassessmentof
thecurrentandfuturewaterdeliverycapacityofDWUforthecontractterms
willbeperformedtoensurethesustainabilityofDWU scommitmentsto
currentcustomers
Stage3Response
TargetAchievea20percentreductionintotalgallonspercapitaperday GPCD
A WaterUseRestrictionsforReducingDemand
Followingisamenuofpossibleactions Specificactionstakenduringanydrought
situationwillbedeterminedbytheDirectorofDWU TheDirectormayalsotakeother
12CityofDallasDroughtContingencyPlan
actionsnotlisted ifdeemednecessary AllrequirementsofStages1and2shallremainin
effectduringStage3 andthefollowingadditionalmeasureswillberequired
AllWaterUsers
mandatoryARequirereductionofwaterusethroughmaximum1 day per week
landscapewateringschedulebymeansofhand heldhosessoakerhosesand
hand heldbucketsonly Wateringshallonlyoccurduringallowedwatering
Theuseofhose endsprinklersorhoursasdefinedinSectionVII
permanentlyinstalledautomaticsprinklersystemsareprohibitedatall
timesIrrigationoflandscapedareasshallbelimitedtoThursdaysforcustomers
withstreetaddressendinginanevennumber 0246or8 andforlocations
withoutaddresses andlimitedtoWednesdaysforwatercustomerswithastreet
addressesendinginanoddnumber 1357or9
B Useofwatertowashanymotorvehicle motorbikeboattrailerairplaneor
othervehiclenotoccurringonthepremisesofacommercialcarwashand
commercialservicestationsandnotintheimmediateinterestofpublichealth
safetyandwelfareisprohibited Furthersuchvehiclewashingatcommercial
carwashesandcommercialservicestationsshalloccuronlyduringtheallowed
wateringhoursof600amand1000amandbetween6 00pmand1000
pm
C Fillingandrefillingofexistingandnewswimmingpools wadingpools and
Jacuzzitypepoolsisprohibited Existingpoolsmayaddwatertoreplacelosses
duringnormaluseandtoreplaceevaporationinordertomaintainproperwater
qualityandproperoperationofthepoolequipment
D Permittingofnewswimmingpools hottubsspas ornamentalpondsand
fountainconstructionisprohibited
E Foundationsmaybewateredforatwo hourperiodduringtheallowedwatering
hoursasdefinedinSectionVIIonthedesignatedwateringday Foundations
maybewateredwithsoakerorhand heldhoseequippedwithapositiveshutoff
nozzleonly
F Operationofanyornamentalfountainorpondforaestheticorscenicpurposesis
prohibitedexceptwherenecessarytosupportaquaticlifeorwheresuch
fountainsorpondsareequippedwitharecirculationsystem
G Noapplicationfornew additional expandedorincreased in sizewaterservice
connections metersservicelines pipelineextensions mainsorwaterservice
facilitiesofanykindshallbeapproved andtimelimitsforapprovalofsuch
applicationsareherebysuspendedforsuchtimeasthisdroughtresponsestage
orahigher numberedstageshallbeineffect
H A10percentrateincreaseforhighwaterdemandusers greaterthan10 000
gallonspermonthperaccount shallbeinitiated
13CityofDallasDroughtContingencyPlan
CityGovernment
A Wetstreetsweepingandcityvehiclewashingorrinsingisprohibited
B Municipallandscapewateringprohibitedexceptgolfcourses seebelow
C Wateringofgolfcoursegreensandteeboxesarerestrictedtotheallowed
wateringhoursasdefinedinSectionVII wateringofothergolfcourseareas
andparksisprohibited
CommercialCustomers
A Wateringofgolfcoursegreensandteeboxesarerestrictedtotheallowed
wateringhoursasdefinedinSectionVII wateringofothergolfcourseareas
andparksisprohibitedunlessthegolfcourseutilizesawatersourceotherthan
thatprovidedbytheCityofDallas
B Wateringofnurseryplantstockrestrictedtotheallowedwateringhoursas
definedinSectionVIIandthedesignatedwateringdayforStage3
WholesaleWaterContracts
A Nonewwholesalecontractsshallbeentertainedunlessthereisanemergency
situationEveryofferforanewwholesalecontractshallbereviewed An
assessmentofthecurrentandfuturewaterdeliverycapacityofDWUforthe
contracttermswillbeperformedtoensurethesustainabilityofDWU s
commitmentstocurrentcustomers
Stage4Response
Target Achievea25percentreductionintotalgallonspercapitaperday GPCD
A WaterUseRestrictionsforReducingDemand
Specificactionstakenduringanydroughtsituationincludingwaterallocation
willbedeterminedbytheDirectorofDWUAllrequirementsofStages1 2and
3shallremainineffectduringStage4 andthefollowingadditionalmeasures
willberequired
Irrigationoflandscapedareasisabsolutelyprohibited
Foundationsmaybewateredforatwo hourperiodduringthe
allowedwateringhoursasdefinedinSectionVIIonthedesignated
wateringdayforStage3 Foundationsmaybewateredwithsoaker
orhand heldhoseequippedwithapositiveshutoffnozzleonly
Useofwatertowashanymotorvehicle motorbikeboattrailer
airplaneorothervehicleisabsolutelyprohibited
14CityofDallasDroughtContingencyPlan