RE 2012-0710.2RESOLUTION NO. 2012-0710.2
A RESOLUTION OF THE CITY OF COPPELL, TEXAS,
APPROVING A BOUNDARY AND INTERLOCAL AGREEMENT
BETWEEN THE CITY OF COPPELL AND THE CITY OF
CARROLLTON; PROVIDING FOR THE DEANNEXATION BY
THE CITY OF CARROLLTON AND ANNEXATION BY THE CITY
OF COPPELL; PROVIDING AN INTERTRANSITION PAYMENT
FOR GOVERNMENT SERVICES; AUTHORIZING ITS
EXECUTION BY THE MAYOR; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Coppell and the City of Carrollton negotiated a boundary
agreement to apportion of property currently located within the jurisdiction boundaries; and
WHEREAS, the location of said property makes difficult to provide services for the City of
Coppell in a cost efficient and adequate manner; and
WHEREAS, in the spirit of the governmental cooperation, the City Council of the City of
Coppell approved a Boundary and interlocal Agreement with the City of Carrollton agreeing to
annex certain areas into Coppell from the City of Carrollton.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CARROLLTON, TEXAS, THAT:
SECTION 1. The City Council of the City of Coppell does hereby approve the Boundary
and Interlocal Agreement with the City of Carrollton, which is attached hereto and incorporated
herein by reference as set forth in fiill, providing for the prospective annexation of certain property
into the City of Coppell; and payment of transitional government service fees, and authorizes the
Mayor to execute said agreement on the behalf of the City and to take those necessary for the
performance of such Agreement
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, THIS 10th DAY OF July , 2012.
1 TM 55061
CITY OF� OPPEL ,/TEXAS
kAkEN S LBO HUNT,4AYOR
A S .
CMUSTEL PETTBQOS, CITY SECRET RY
APPROVED S FORT\
ROBERT E. HAGER, CI ATTORNEY
(REWmpm)
TM 55061
STATE OF TEXAS § BOUNDARY AND
§ INTERLOCAL AGREEMENT
DALLAS COUNTY
This Boundary and Interlocal Agreement ("Agreement') is made by and between the
City of Coppell ("Coppetlll) and the City of Carrollton ("Carrollton"), both of which are
political subdivisions of the State of Texas.
WHEREAS, Coppell and Carrollton are contiguous and adjacent towns which support
orderly and logical land use patterns and jurisdictional boundaries; and
WHEREAS, the Interlocal Cooperation ,pct, Chapter 791 of the Texas Government
Code, authorizes any local government to contract with one or more local governments to
perform governmental functions and services under the terms of the Act; and
WHEREAS, state law further authorizes local goveniment to eater into agreements and
contracts of the nature envisioned in this Agreement; and
WHEREAS, Carrollton has determined there is a tract of land within its corporate
jurisdiction that cannot reasonably and economically be served by Carrollton; and
WHET EA , Coppetl and Carrollton agree that such property can more reasonably and
economically be served by Coppell; and
WHEREAS, the City of Coppell desires to annex this certain property currently located
withinCarrollton's city limits, as more particularly described below, to implement the principles
of this Agreement; and
HERF,A , Coppell, a home rule city may annex property upon petition of the property
owner, which has occurred in this case; and
WHEREAS, Coppell has determined that the annexation of these areas will benefit and
enhance the general welfare of Coppell, including but not limited to (1) allowing Coppell to
exercise its planning, zoning and other land use controls over the areas; ) allowing Coppell to
exercise its police powers and other health and safety regulations over the areas, which powers
are greater for home -rule municipal corporations than general law municipalities; (3) allowing
op p ell to exercise its taxing authority over the areas, and
WHEREAS, Coppell and Carrollton agree Carrollton will receive compensation for
lost ad valorem taxes and the transition of government services to the area in issue resulting from
disannexation and annexation of such lard; and
WHEREAS, Coppetl and Carrollton, in the true spirit of governmental cooperation,
intend this Agreement to reflect sound growth management principles and interregional
planning.
Boundary Adjustment Agreement TIM 55733.2.000
1
Now, THERF FORX, Coppell and Carrollton, for the mutual consideration hereinafter stated,
agree and understand as follows:
1. From and after the Effective Date of this Agreement, Carrollton and Coppell hereby
agree to adjust its respective jurisdiction to meet at the points and along the lines more
specifically set out in Exhibit "A," which is attached hereto and incorporated herein by reference,
. within two hundred ten (210) days after the Effective Date of this Agreement,
Carrollton will disarrnex the territory located in the area on Exhibit "A," which is attached
hereto and incorporated herein by reference {hereinafter referred to as the "Territory���. Metes
and bounds descriptions are included and attached hereto in Exhibit "A".
3. within two hundred ten 10 days after the Effective Date of this Agreement, Coppelt
will annex the Territory on Exhibit "A", attached hereto.
4. In consideration forCarrollton's release of the Territory identified in Exhibit "N' of the
Agreement, and in light of the above -noted general governmental benefits that Coppell will
receive by the annexation of these areas, Coppell agrees to pay Carrollton an amount equivalent
to a set percentage of the ad valorem taxes collected by Coppell (which shall include real
property and personal property (which includes inventory taxes) on the Territory released by
Carrollton. The consideration due to Carrollton under this Agreement for the Revenue Sharing
Area is a formula that reflects a fair consideration for the release of the areas and it is not to be
construed to be an assigrmnent of ad valorem taxes.
a. From the execution of this Agreement to the end of the Agreement period,
City of Coppell shall make a grant of funds based on a calculation of the
property as provided herein. Property taxes shall be payable to Carrollton
based on the following:
1. The real and personal property (which includes inventory) to be the
subject of this AGREEMENT shall be confined to the Territory,
hereinafter described on Exhibit "A"'. Definitions of such property tax
tetras shall be defined by the Texas Property Tax Code V.T. .A.).
. "Base Year Value" shall mean the assessed value of the Territory on
January 1 of the year following the date on which Coppell issues Final
Approvals (i.e. Certificates of Occupancies, Final Inspections, or other
similar final permits) for 50% or more of the plated lots in the
Territory. The year this occurs will be referred to as "the Ease Year".
3. Real and Personal property (and inventory) shall be fully taxed at the
end of this Agreement without payment of any consideration to
Carrollton.
Boundary Adjustment Agreement TM 55733.2.000
2
accordanceb. The Revenue Shan'ng area amounts will be calculated and paid to Carrollton
in '' ;
followingI One hundred percent (100%) of the amount equivalent to ad
valorem taxes collected in the Terri'tory for the first (Ist) full year
the Base Year.
equivalentC. Ninety percent (90%) of the amount *d valorem taxes
collected in the Tem*tory for the second (2nd) full calendar year
followinT
the Base Year.
to. Eightypercent(80%) of theamountr - dvalorern
taxes
followingcollected in the Tem'tory for the third (3d) full calendar year
Base Year.
9fi. Seventy percent (70%) of the amount equivalent to ad valorem
taxesin the Territoryforthll f
following
theBase Year.
T
fifth5. Sixty percent (60%) of the amount equivalent to ad valorem taxes
+ calendarll
following the Base r
f. Fifty percent (50%) of the amount equivalent to ad valorem taxes
collected in the y ■ calendar
following the Base Year.
7. Forty percent (40%) of the amount equivalent to ad valorem taxe
collected in the Tem'tory for the seventh (7th) full calendar ye
the Base Year. I
following
Thirty percent (30%) amount. t to rvaloremr
collected in the Tem*tory for the
hth (8th) full calendar year
T
followin
i the rYear.
T
9. Twenty percent (20%) of the atnount equivalent to ad valorem taxes
collected in the Teffitory for the ninth (9th) fall calendar year
following the Base Year.
10. Ten
.' amount equivalent advaloremr +
collected in -calendarll _ ■
following
the Base Year. I
11. Zero percent (0%) of the amount equivalent to ad valorem taxes
collected in the Territory for the eleventh (1 Ith) full calendar year
following yBaseYear.
Boundary end Agreement TM 55733.2.000
c. Coppell shall male such payments in accordance with this Agreement to
Carrollton within 60 days of payment of ad valorem taxes by Territory's
owner(s).
d. From the execution of this Agreement to the end of the Agreement period,
property takes shall be based on the value of such property in the Territory as
determined annually by the Dallas Central Appraisal District, subject to the
appeal procedures set forth in the V.T. C.A. Tax Code. Any decrease in value
after appeal is subject to recalculation of the appropriate amount under this
Agreement. If Coppell has already issued the consideration to Carrollton
based on the larger value, payment to Coppell by Carrollton of such
difference shall be remitted within 60 days to Coppell after final
determination of appeal and notice in writing to Carrollton of the new
amount.
5. Failure of either party to comply with or perform any term, obligation, or condition of the
Agreement shall constitute an event of default. The non -defaulting party shall give written
notice to the other party of any default, and the defaulting party shall have thirty (30) days to
begin to cure said default. Should said default remain uncured,, the non -defaulting party shall
have the right to terminate this Agreement, enforce specific performances as appropriate, or
maintain a cause of action for damages caused by the event(s) of default, to the extent authorized
by law.
. This Agreement embodies the entire agreement between the parties and may only be
modified in writing executed by both parties.
7. This Agreement shall be binding upon the parties hereto, their successors, and assigns.
Neither of the parties will assign nor transfer an interest in this Agreement without the written
consent of the other party.
8. Effective Date. The effective date of this agreement shall be the last day this Agreement
is approved by a party hereto as indicated on the signature blocks below ("the Effective Date").
9. The governing bodies of both Carrollton and Coppell have approved by resolution this
Agreement as to form and content, and authorize their respective representatives to execute this
Agreement on behalf of same, as evidenced by certified copies of their respective resolutions
attached hereto and incorporated herein as Exhibits "B" and "U'. The actions by the Councils
were at meetings open to the public, and that public notice of the time, place and purpose of said
meeting was given, all as rewired by Texas Open Meetings Act, V.T. .A. Government Code,
Chapter 55 1.
10. Either ply may file a certified copy of this Agreement in the real property records of Dallas
County, Texas.
11. If any article, paragraph, subdivision, clause, or phrase of this Agreement be adjudged
invalid or held unconstitutional for any reason, such judgment or holding shall not affect the
Boundary Adjustment Agreement TIMI 55733.2.000
4
validity of Agreement as rwhole orany part ' ootherthan partso
.i a'to be invalid or unconstitutional.
rights12. it is expressly understood and agreed that, in the execution of this Agreement, no part
waives, nor shall be deemed hereby to have waived, and inununity or defense that would
otherwise be available to it against claims arising in the exercise of govenunental powers and
functions. By entering into this Agreement, the parties do not create any obligations, express or
implied, other than those set forth herein, and this Agreement shall not create any
icarties notsignatorieshereto.
annually13. This Agreement shall be effective upon execution by the parties and shall continue i
effect annually until final completion of this Agreement. This Agreement shall automaticall
renew -
anniversary date of the Effective Date of this Agreement during thi1-
14. Right to Audit. Carrollton shall have the n'ght, at its expense, to audit the books of
Coppell to verify the accounting and allocation of ad valorem taxes and Final Approvals
Iherein.
15. Notices. Any notice, conn aunication, invoice or report required or permitted pursuant to
this Agreement shall be in wn'ting and shall be effective when personally delivered or three (3)
days after being mailed by United States Mail, certified, return receipt requested, to the
respective parties at the address set forth below:
Coppell
Att-& City Manager
255 Parkway Blvd.
Coppell,
CARROLLTON,arrollton CITY OF
1945 E. Jackson Road
Carrollton, TX 75006
Attention: City Manager
t
1945 E. JacksonRoad
CarTollton,, TX 00
AgreementAttention: City Attorney
L13 M
17. Governing Law; Venue. This Agreement is performable in Dallas County, Texas ani
exclusive venue for any legal action in connection With this Agreement shall lie in Dallas
County, Texas. This
of the State of Texas.
Boundary Adjustment Agreement TM 55733.2.000
5
1 8. lumber and Gender. Words of any gender used in this Agreement shall be held and
construed to include any other gender and wards in the singular shall include the Aural and vice
versa, unless the text clearly requires otherwise.
AUTHORIZED and approved by the City Council of the City of Carrollton, Texas, at its
meeting held an the day of 2012, and executed by the Mayor.
ATTES
hell, City cretary
Til
R. Clayton Hu hins, City Attorney
CITY OFC RROLLTO ,TEXAS
Matthew Marchant, Mayor
AUTHORIZED and appra�d by the City Council f the City of Coppell, Texas} at its meeting
held an the -tic Lllt day ofL-4, 2012, an executed e Mayo
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APPRO E AS TO FORM -
Robert E. Hager, City Attorney
Boundary Adjustment Agreemeni TM 55733.2.000
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14' 00038'25" W, continuing with the east line of the said 1.7760 acre tract, a distance of
91,00 feet to a point for a corner-,
THENCE, the following courses and distances with the meanders of Denton Creek and the
east, southeast
„,y northeast line of the said Denton Creek Land Company, Ltd, tract'.
a distance of 119.41 feet to a point for a corner,
N 3501827" Ey I
E, a distance of 113.25 feet to a point for a corner -
N 60c44'27" I
S 84"3348" E, a distance of 126,32 feel to a point for a cornel
S 45c44'38" Ea distance of 167.21 feet to a point for a corner,
I
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'46 " E. a distance of 118.28 feet to a point for a corner, 18c26,
S 62'DO9'21" E, a distance of 118-51 feet to a point for a corner'.
N 48016'3Y E, a distance of 130-38 feet to a point for a corner",
N 04040' . a distance of 238.67 feet to a point for a corner,
E, a distance of 1 39� 19 feet to a point for a corner,
N 11 1126'04"
N 27014'35" E, passing the southeast corner of a called 8.05 acre tract of land conveyed
to Alfred B. Pittman. Jr, by deed recorded in VOILIMe 95161, Page 3865, Deed Records
of Dallas County, Texas, in all a distance of 252.45 feet to a point for a corner',
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east, northeast and north line of the said 8.05 acre tract-,
'2648-' N
W , a distance of 105-48 o
feet to a pint for a corner, 05' $
- N 36`26 14" WI a distance of 26 1,00 feet to a point for a corner',
S 8302826' W1 a distance of 70.46 feet to a point for a corner:
S 2804 V31 VVa di
I stance of 156.19 feet to a point for a corner,
- S 59:32'4211distance of 171 .68 feet to a point for a corneg.
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a distance of 127-06 feet to a point for a corner;
'09" WI I
N 8801Z
N 52047'12" .
Wa distanoe of 360
, 41 feet to a point for a corner'..
N
'58' W, passing the northwest corner of the said 8.05 acre tract and a corner of 7 913 3 2,
the said Denton Creek Land Company, Ltd. tract, in all a distance, of 289.31 feet to a
point for a corner-,
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distance of 138.06 feet to a point for a corner,
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15" E, a distance of 216.69 feet to a point for a corner.
N 301132"
THENCE. S 04"58'43 )1 W, with the said common line, a distance of 1,712.77 feet to the Point of
Beginning.
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EXHIBIT '$Aof
DISANNEXAl10N AREA
CARROLLTON, DALLAS COUNTY, TEXAS
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