CP 2017-01-10City Council
City of Coppell, Texas
Meeting Agenda
255 Parkway Boulevard
Coppell, Texas
75019-9478
Council Chambers5:30 PMTuesday, January 10, 2017
KAREN HUNT WES MAYS
Mayor Mayor Pro Tem
CLIFF LONG NANCY YINGLING
Place 1 Place 5
BRIANNA HINOJOSA-FLORES MARVIN FRANKLIN
Place 2 Place 6
GARY RODEN MARK HILL
Place 4 Place 7
CLAY PHILLIPS
City Manager
Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular
Called Session at 5:30 p.m. for Executive Session, Work Session will follow immediately
thereafter, and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 Parkway
Boulevard, Coppell, Texas.
As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be
convened into closed Executive Session for the purpose of seeking confidential legal advice
from the City Attorney on any agenda item listed herein.
The City of Coppell reserves the right to reconvene, recess or realign the Work Session or
called Executive Session or order of business at any time prior to adjournment.
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 551.071, Texas Government Code - Consultation with City Attorney.
A.Consultation with City Attorney to seek legal advice regarding
enforcement of the City’s Development Code.
B.Consultation with the City Attorney to seek legal advice concerning the
contracts to purchase real property from Tramell Crow 43, Ltd; and, to
Page 1 City of Coppell, Texas Printed on 1/6/2017
January 10, 2017City Council Meeting Agenda
deliberate the purchase, sale or exchange of real property located South
and East of Beltline Rd, and North of Hackberry Rd., located in Dallas
County, Texas.
Section 551.072, Texas Government Code - Deliberation regarding Real Property.
C.Deliberate the purchase, exchange, lease, or value of real property
located south of E. Belt Line Road and east of S. Belt Line Road.
D.Deliberate regarding the sale of property at the northwest corner of S.
Coppell Road and Burns Street.
Section 551.074, Texas Government Code - Personnel Matters.
E.Discussion regarding the appointment of Presiding Municipal Judge.
3.Work Session (Open to the Public) 1st Floor Conference Room
A.Discussion regarding Red Light Cameras.
B.Discussion regarding Temporary Sign Ordinance.
C.Discussion regarding City Council Meeting Dates.
D.Discussion of Agenda Items.
Memo-SafeLight Coppell Briefing Contract Renewal.pdf
Memorandum Temporary Signs Ord.pdf
Attachments:
Regular Session
4.Invocation 7:30 p.m.
5.Pledge of Allegiance
6.Consider approval of Proclamation naming January 10, 2017, as
“Marian Moseley Appreciation Day;” and authorizing the Mayor to sign.
Marian Moseley Appreciation Day.pdfAttachments:
7.Consider approval of a Proclamation naming January 9, 2017 through
March 31, 2017, as “H-E-B Community Challenge Months;” and
authorizing the Mayor to sign.
HEB Community Challenge Proclamation-2015.pdfAttachments:
8.Citizens’ Appearance
9.Consent Agenda
A.Consider approval of the minutes: December 13, 2016.
Minutes.pdfAttachments:
Page 2 City of Coppell, Texas Printed on 1/6/2017
January 10, 2017City Council Meeting Agenda
B.Consider approval of a Resolution approving a Tax Abatement
Agreement between the City of Coppell and Naterra International, and
authorizing the Mayor to sign.
Naterra II - Resolution Memo.pdf
Naterra II- Resolution.pdf
Naterra International (II) Tax Abatement Agreement.pdf
Attachments:
C.Consider approval of a Resolution approving a Tax Abatement
Agreement between the City of Coppell and SFPLP Holdings
Management, LLC, and authorizing the Mayor to sign.
SFPLP Management Holdings II- Resolution Memo.pdf
SFPLP Holdings Management - Resolution.pdf
SFPLP Holdings Management (II) Tax Abatement Agreement.pdf
Attachments:
D.Consider approval of an Economic Development Incentive Agreement
by and between the City of Coppell and Caliber Home Loans, Inc., and
authorizing the Mayor to sign.
Caliber Home Loans Memo.pdf
Caliber Home Loans Agreement.pdf
Attachments:
E.Discuss and consider approving the Fourth Amendment to Development
Agreement between the City of Coppell and Main Street Coppell, Ltd.,
and authorize the City Manager to sign.
MSC - 4th Amendment Memo.pdf
Fourth Amendment Agreement.pdf
Attachments:
F.Discuss and consider approving a Third Amendment to Option
Agreement between the City of Coppell and Main Street Coppell, Ltd.,
and authorizing the City Manager to sign.
Third Amendment to Option Memo.pdf
Third Amendement to Option Agreement.pdf
Attachments:
G.Consider approval of an Ordinance of the City of Coppell, Texas,
amending Chapter 6 “Business Regulations,” Article 6-15 “Temporary
Signs”; and authorizing the Mayor to sign.
Ordinance .pdfAttachments:
H.Consider approval of award for annual sidewalk, street & alley pavement
repair program; in the total amount of $1,250,000.00, split between F&F
Concrete, LLC & NPL Construction Company; as budgeted in the
Infrastructure Maintenance Fund; and authorize the City Manager to
sign any necessary documents.
Page 3 City of Coppell, Texas Printed on 1/6/2017
January 10, 2017City Council Meeting Agenda
Annual Street, Alley and Sidewalk Memo.pdf
Street, Alley and Sidewalk Exhibit.pdf
Contract Award Split Calcs - F&F.pdf
Contract Award Split Calcs - NPL.pdf
Sidewalks Bid Tab Verification.pdf
F&F Bid Document.pdf
NPL Bid Document.pdf
Attachments:
I.Consider approval to enter into an agreement with Connected
Workplace Solutions to provide Cisco Switch Gear and Meraki Access
Points, through GSA Schedule#: GS-35F-0563U, in the amount of
$102,863.80 as budgeted; and authorizing the City Manager to sign any
necessary documents.
Memo.pdf
Parks Switch Quote - File ID 3096 - Dec 13 Council.pdf
Attachments:
J.Consider approval of a Resolution authorizing the sale of approximately
28.938 ± acres of land generally located on the eastern shoreline of
Northlake to Billingsley Pin Oak Partners, Ltd; and authorize the Mayor
to sign and the City Manager to execute any necessary documents.
Resolution.pdfAttachments:
K.Consider a Resolution authorizing the City Manager and Mayor to
negotiate and execute an amendment to the purchase and sale
agreement with the Coppell Economic Development Foundation dated
November 17, 2010, and any necessary agreements and instruments
related thereto, to provide for the conveyance of Lot 1X and Lots 14R
through 25R, Block G, Replat Old Town Addition, for the purpose of
reselling such property to Main Street Coppell, Ltd. for the purpose of
expansion of the development.
1st Amendment to Purchase and Sale Agreement Memo.pdf
1st Amendment to Purchase and Sale Agreement.pdf
Attachments:
L.Consider approval of the Legislative Agenda for the 85th Legislative
Session.
2017 Legislative Priorities Memo.pdf
Legislative Priorities 2017.pdf
Attachments:
End of Consent Agenda
10.CONTINUED PUBLIC HEARING:
Consider approval of Case No. PD-285-C, Connell Skaggs Addition, Lot
1 & Portion of Lot 3 (Woodside Village Expansion), a zoning change
request from C (Commercial) to PD-285-C (Planned
Development-285-Commercial), to allow retention of the existing retail
building with additional parking on Lot 1 (5.8 acres) and development of
Page 4 City of Coppell, Texas Printed on 1/6/2017
January 10, 2017City Council Meeting Agenda
a two-building, 30,800-square-foot, retail expansion on a portion of Lot 3
(3.6 acres), containing a total of 9.4 acres of property located at 110 &
214 W. Sandy Lake Road.
Cover Memo.pdf
PostponementRequest (12-02-2016).pdf
PostponementRequest (10-24-2016).pdf
Staff Report.pdf
Color Perspectives (5 pages).pdf
Site Plan (Revised 10-14-2016).pdf
Landscape Plan (Revised 10-13-2016).pdf
Elevations.pdf
Attachments:
11.PUBLIC HEARING:
Consider approval of CASE. NO. PD-287-SF-7, Coppell Middle School
North & Denton Creek Elementary, a zoning change request from SF-7
(Single Family-7) to PD-287-SF-7 (Planned Development-287-Single
Family-7), to allow the existing eight-foot-tall chain link fence with
barbed wire at the top to remain at Middle School North and to eliminate
the masonry requirement for the vertical poles on the existing shade
structure at Denton Creek Elementary on 24.77 acres of property
located at 120 & 250 Natches Trace, respectively.
Cover Memo .pdf
Appeal Letter.pdf
Comments from Commission Dec 15 - PD 287 .pdf
Staff Report.pdf
Overall Site Plan (C-1)..pdf
Detail of Eight-foot fence and barbed wire detail (Sheet C2).pdf
Shade Structure Letter.pdf
Attachments:
12.PUBLIC HEARING:
Consider approval of CASE. NO. PD-250R23-H, Old Town Addition
(Main St), PH 4, a zoning change request from PD-250R8-H (Planned
Development-250 Revision 8-Historic) & PD-250R-H (Planned
Development-250 Revised-Historic) to PD-250R23-H (Planned
Development-250 Revision 23-Historic), to amend the Concept Plan and
attach a Detail Site Plan to allow the development of 12 single-family
lots fronting Burns Street, one common area lot and dedication of
right-of-way on 1.65 acres of property located at the northwest corner of
S. Coppell Road and Burns Street.
Page 5 City of Coppell, Texas Printed on 1/6/2017
January 10, 2017City Council Meeting Agenda
Cover Memo.pdf
Staff Report.pdf
Concept Plan.pdf
Site Plan.pdf
Landscape Plan.pdf
Elevations Phase 4.pdf
Attachments:
13.Consider and approve an architectural services contract with Corgan
Inc. for the design of the Coppell Arts Center, approving Phase I,
Schematic Design, in the amount of $167,250.00; and authorizing the
City Manager to sign all necessary documents.
Arts Facility Memo to Council.pdf
Coppell Arts Center B101-2007 - Final - 12-20-2016(1).pdf
16065 EXHIBIT A 12-20-16.pdf
Attachments:
14.Consider approval of an Ordinance amending Chapter 3 of the Code of
Ordinances of the City of Coppell, by amending Sections 3-1-5, 3-1-12
and 3-2-2; adjusting monthly water rates, adjusting monthly sewer rates;
providing a repealing clause, providing a severability clause and
providing an effective date.
WS Rate Memo for Council Agenda on January 10 2017.pdf
Coppell - Ordinance amending Chapter 3 - water rates.pdf
Attachments:
15.Consider approval of a Resolution amending Resolution No. 010996.3
as amended, amending the Master Fee Schedule for Water Rates,
Sewer Rates, Mobile Vending Fees, Police Fees, and Solid Waste
Collection Fees and authorizing the Mayor to sign.
Memo Fee Resolution January 2017.pdf
Master Fee Resolution 01-10-17.pdf
Attachments:
16.Consider approval of two Economic Development Agreements by and
between the City of Coppell and Amazon.com.kydc LLC, and
authorizing the Mayor to sign.
Amazon - Memo.pdf
Amazon.com Economic Development Incentive Agreement - BPP.pdf
Amazon.com Economic Development Incentive Agreement - Sales Tax.pdf
Attachments:
17.City Manager Reports - Project Updates and Future Agendas
18.Public Service Announcements concerning items of community interest with no
Council action or deliberation permitted.
19.Necessary Action from Executive Session
Adjournment
Page 6 City of Coppell, Texas Printed on 1/6/2017
January 10, 2017City Council Meeting Agenda
________________________
Karen Selbo Hunt, 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 6th day of January, 2016, at _____________.
______________________________
Christel Pettinos, City Secretary
PUBLIC NOTICE - STATEMENT FOR ADA COMPLIANCE AND OPEN CARRY LEGISLATION
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).
Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun),
a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing
law), may not enter this property with a concealed handgun.
Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried
handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun
licensing law), may not enter this property with a handgun that is carried openly.
Page 7 City of Coppell, Texas Printed on 1/6/2017
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2016-3032
File ID: Type: Status: 2016-3032 Agenda Item Executive Session
1Version: Reference: In Control: City Secretary
10/19/2016File Created:
Final Action: Executive SessionFile Name:
Title: Consultation with City Attorney to seek legal advice regarding enforcement
of the City’s Development Code.
Notes:
Agenda Date: 01/10/2017
Agenda Number: A.
Sponsors: Enactment Date:
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 11/08/2016City Council
Discussed under Executive Session. Action Text:
1 01/10/2017City Council
Text of Legislative File 2016-3032
Title
Consultation with City Attorney to seek legal advice regarding enforcement of the City’s
Development Code.
Summary
Fiscal Impact:
Staff Recommendation:
Goal Icon:
Sustainable City Government
Page 1City of Coppell, Texas Printed on 1/6/2017
Master Continued (2016-3032)
Business Prosperity
Community Wellness and Enrichment
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 1/6/2017
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2017-3140
File ID: Type: Status: 2017-3140 Agenda Item Executive Session
1Version: Reference: In Control: City Secretary
01/03/2017File Created:
Final Action: Executive SessionFile Name:
Title: Consultation with the City Attorney to seek legal advice concerning the
contracts to purchase real property from Tramell Crow 43, Ltd; and, to
deliberate the purchase, sale or exchange of real property located South
and East of Beltline Rd, and North of Hackberry Rd., located in Dallas
County, Texas.
Notes:
Agenda Date: 01/10/2017
Agenda Number: B.
Sponsors: Enactment Date:
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 01/10/2017City Council
Text of Legislative File 2017-3140
Title
Consultation with the City Attorney to seek legal advice concerning the contracts to
purchase real property from Tramell Crow 43, Ltd; and, to deliberate the purchase, sale or
exchange of real property located South and East of Beltline Rd, and North of Hackberry
Rd., located in Dallas County, Texas.
Summary
Fiscal Impact:
Staff Recommendation:
Page 1City of Coppell, Texas Printed on 1/6/2017
Master Continued (2017-3140)
Goal Icon:
Sustainable City Government
Business Prosperity
Community Wellness and Enrichment
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 1/6/2017
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2017-3142
File ID: Type: Status: 2017-3142 Agenda Item Executive Session
1Version: Reference: In Control: City Secretary
01/04/2017File Created:
Final Action: Executive SessionFile Name:
Title: Deliberate the purchase, exchange, lease, or value of real property located
south of E. Belt Line Road and east of S. Belt Line Road.
Notes:
Agenda Date: 01/10/2017
Agenda Number: C.
Sponsors: Enactment Date:
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 01/10/2017City Council
Text of Legislative File 2017-3142
Title
Deliberate the purchase, exchange, lease, or value of real property located south of E. Belt
Line Road and east of S. Belt Line Road.
Summary
Fiscal Impact:
Staff Recommendation:
Goal Icon:
Sustainable City Government
Business Prosperity
Page 1City of Coppell, Texas Printed on 1/6/2017
Master Continued (2017-3142)
Community Wellness and Enrichment
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 1/6/2017
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2017-3144
File ID: Type: Status: 2017-3144 Agenda Item Executive Session
1Version: Reference: In Control: City Secretary
01/04/2017File Created:
Final Action: Executive SessionFile Name:
Title: Deliberate regarding the sale of property at the northwest corner of S.
Coppell Road and Burns Street.
Notes:
Agenda Date: 01/10/2017
Agenda Number: D.
Sponsors: Enactment Date:
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 01/10/2017City Council
Text of Legislative File 2017-3144
Title
Deliberate regarding the sale of property at the northwest corner of S. Coppell Road and
Burns Street.
Summary
Fiscal Impact:
Staff Recommendation:
Goal Icon:
Sustainable City Government
Business Prosperity
Page 1City of Coppell, Texas Printed on 1/6/2017
Master Continued (2017-3144)
Community Wellness and Enrichment
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 1/6/2017
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2017-3139
File ID: Type: Status: 2017-3139 Agenda Item Executive Session
1Version: Reference: In Control: City Secretary
01/03/2017File Created:
Final Action: Executive SessionFile Name:
Title: Discussion regarding the appointment of Presiding Municipal Judge.
Notes:
Agenda Date: 01/10/2017
Agenda Number: E.
Sponsors: Enactment Date:
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 01/10/2017City Council
Text of Legislative File 2017-3139
Title
Discussion regarding the appointment of Presiding Municipal Judge.
Summary
Fiscal Impact:
Staff Recommendation:
Goal Icon:
Sustainable City Government
Business Prosperity
Community Wellness and Enrichment
Page 1City of Coppell, Texas Printed on 1/6/2017
Master Continued (2017-3139)
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 1/6/2017
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2017-3132
File ID: Type: Status: 2017-3132 Agenda Item Work Session
1Version: Reference: In Control: City Secretary
12/28/2016File Created:
Final Action: Work SessionFile Name:
Title: A.Discussion regarding Red Light Cameras.
B.Discussion regarding Temporary Sign Ordinance.
C.Discussion regarding City Council Meeting Dates.
D.Discussion of Agenda Items.
Notes:
Agenda Date: 01/10/2017
Agenda Number:
Sponsors: Enactment Date:
Memo-SafeLight Coppell Briefing Contract
Renewal.pdf, Memorandum Temporary Signs
Ord.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 01/10/2017City Council
Text of Legislative File 2017-3132
Title
A.Discussion regarding Red Light Cameras.
B.Discussion regarding Temporary Sign Ordinance.
C.Discussion regarding City Council Meeting Dates.
D.Discussion of Agenda Items.
Summary
Fiscal Impact:
Staff Recommendation:
Page 1City of Coppell, Texas Printed on 1/6/2017
Master Continued (2017-3132)
Goal Icon:
Sustainable City Government
Business Prosperity
Community Wellness and Enrichment
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 1/6/2017
1
MEMORANDUM
To: Mayor and City Council
From: Mac Tristan, Chief of Police
Date: January 06, 2017
Reference: Status report on SafeLight Coppell and request for direction on potential
contract renewal with Redflex Traffic Systems, Inc.
2030: Coppell 2030, Healthy Neighborhoods
Introduction:
On December 01, 2006, the City of Coppell entered into an agreement with Redflex Traffic
Systems, Inc. to provide automated red light traffic enforcement at three intersections. The name of
this automated enforcement program is SafeLight Coppell. A renewal of the original agreement
occurred in August 2013. The renewal included a three-year term with three additional one-year
renewals. The three-year term ended in 2016 and we are currently in the first one-year renewal.
The Texas Legislature is currently in the process of assimilating proposed bills from lawmakers for
consideration and legislative action. It is expected that some of these bills will seek to end
automated red light enforcement, as has occurred in previous legislative sessions. It is also
expected that legislation will be brought forth to require cities with automated red light enforcement
to have their citizens vote on whether the city will be allowed to continue utilizing automated
enforcement. The Police Department is responsible for the day-to-day operations of the SafeLight
Coppell program for the City. As such, we are seeking direction from Council on a potential
renewal of the existing contract with Redflex prior to any actions by the legislature.
Analysis:
The purpose of the SafeLight Coppell program is to enhance safety for people travelling in Coppell.
Automated enforcement is an additional tool that the Police Department uses to enhance our traffic
safety efforts to reduce instances of drivers running red lights. An additional desired outcome from
utilizing automated enforcement is a reduction in traffic crashes. Since SafeLight Coppell
commenced operations in 2007, there has been a general decline in the number of reported
accidents at the three intersections where automated enforcement is utilized: MacArthur Blvd and
Beltline Road, MacArthur Blvd and Sandy Lake Road, and Sandy Lake Road and Denton Tap
Road.
Fiscal Impact:
SafeLight Coppell is a cost-neutral program to the City of Coppell. Our agreement with Redflex
stipulates that they will be paid a flat fee for their services from money collected from drivers who
were issued violation notices approved by Coppell police officers. Money that is collected from
2
violators is also used to pay for administrative costs to include legal services and officers’ overtime
associated with violation reviews. Once any operational expenditures have been paid, we are
required by statute to submit half of the remaining revenues to the state. The revenues that remain
are restricted in use to fund traffic safety programs, including pedestrian safety programs, public
safety programs, intersection improvements, and traffic enforcement.
Legal Review:
N/A
Recommendation:
The Police Department is seeking Council’s direction of a renewal of the contract with Redflex
Traffic Systems, Inc. The current contract term is past its three-year term and operating on a one-
year extension. Action by the state legislature may terminate automated enforcement or
substantially change the method of any existing operation of automated enforcement. We are
seeking Council’s desired direction to enter into another three to five year contract with Redflex
Traffic Systems or allow the current contract to move forward with the existing terms.
1
MEMORANDUM
To: Mayor and City Council
From: Clay Phillips, City Manager
Date: January 5, 2017
Re: Consider approval of an Ordinance of the City of Coppell, Texas, amending
Chapter 6 “Business Regulations,” Article 6-15 “Temporary Signs”; and authorizing
the Mayor to sign.
2030: All
Introduction: The proposed amendments are offered as result of recent legislation and United States
Supreme Court Opinions involving temporary signs. The proposed amendment has been drafted to
the Temporary Sign Ordinance regarding political signs and electioneering. The clause has been
removed prohibiting political canvassing in the driveways and medians of the polling locations as
long as electioneering does not take place within the prohibited area per state election laws.
The ordinance continues to prohibit signs on public property other than where a polling place is in
operation. The discussion in Work Session centers around any desire to remove the time constraints
related to campaign signs being placed at polling locations during early voting periods and hours.
Analysis: N/A
Legal Review: Yes
Fiscal Impact: N/A
Recommendation: Staff recommends approval of the Ordinance.
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2017-3138
File ID: Type: Status: 2017-3138 Agenda Item Proclamations
1Version: Reference: In Control: City Secretary
01/03/2017File Created:
Final Action: Retirement ProclamationFile Name:
Title: Consider approval of Proclamation naming January 10, 2017, as “Marian
Moseley Appreciation Day;” and authorizing the Mayor to sign.
Notes:
Agenda Date: 01/10/2017
Agenda Number: 6.
Sponsors: Enactment Date:
Marian Moseley Appreciation Day.pdfAttachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 01/10/2017City Council
Text of Legislative File 2017-3138
Title
Consider approval of Proclamation naming January 10, 2017, as “Marian Moseley
Appreciation Day;” and authorizing the Mayor to sign.
Summary
Fiscal Impact:
Staff Recommendation:
Approval recommended.
Goal Icon:
Sustainable City Government
Business Prosperity
Page 1City of Coppell, Texas Printed on 1/6/2017
Master Continued (2017-3138)
Community Wellness and Enrichment
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 1/6/2017
PROCLAMATION
WHEREAS, Judge Marian Moseley graduated law school from the University of Texas
Law School in 1976, began her law career with Dallas County as a chief felony prosecutor,
practiced civil and criminal law in Midland, and family law in Dallas; and
WHEREAS, the duly elected City Council of the City of Coppell, unanimously
appointed her on the 9th day of March, 1990, as Municipal Judge of the City’s Municipal Court;
and
WHEREAS, Judge Moseley oversaw the trial and disposition of misdemeanor offenses
within the jurisdiction, with the power and duties as provided for by the Constitution and laws of
the State of Texas for such a court; and
WHEREAS, on November 1, 1998, Judge Marian Moseley was an integral part of the
Coppell Municipal Court becoming a Court of Record; and
WHEREAS, during her 26-year tenure on the bench, Judge Moseley was known for
following her principles and performing her duties according to the law; and
WHEREAS, Judge Marian Moseley is recognized for the high principles she has brought
forth to the Coppell Municipal Court, dispensing justice and high integrity to the citizenry of our
city, and upon all who came before her bench; and
WHEREAS, the most important aspects in Judge Moseley’s life are her family, husband
of 32 years Jim, daughter Becky, and son Jimmy.
NOW, THEREFORE, I, Karen Selbo Hunt, Mayor of the City of Coppell, do hereby proclaim
January 10, 2017 as
“MARIAN MOSELEY APPRECIATION DAY”
____________________________
Karen Selbo Hunt, Mayor
ATTEST:
______________________________
Christel Pettinos, City Secretary
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2017-3136
File ID: Type: Status: 2017-3136 Agenda Item Proclamations
1Version: Reference: In Control: City Secretary
01/03/2017File Created:
Final Action: Community Challenge ProclamationFile Name:
Title: Consider approval of a Proclamation naming January 9, 2017 through
March 31, 2017, as “H-E-B Community Challenge Months;” and authorizing
the Mayor to sign.
Notes:
Agenda Date: 01/10/2017
Agenda Number: 7.
Sponsors: Enactment Date:
HEB Community Challenge Proclamation-2015.pdfAttachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 01/10/2017City Council
Text of Legislative File 2017-3136
Title
Consider approval of a Proclamation naming January 9, 2017 through March 31, 2017, as
“H-E-B Community Challenge Months;” and authorizing the Mayor to sign.
Summary
Fiscal Impact:
Staff Recommendation:
Approval recommended.
Goal Icon:
Sustainable City Government
Page 1City of Coppell, Texas Printed on 1/6/2017
Master Continued (2017-3136)
Business Prosperity
Community Wellness and Enrichment
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 1/6/2017
PROCLAMATION
WHEREAS, Coppell is “A Family Community for a Lifetime”; and the Coppell 2030 Strategic
Plan focuses on providing residents community wellness through an active and healthy lifestyle; and
WHEREAS, Coppell citizens choose to live here for the quality of life and sense of community
which is provided; and
WHEREAS, “Living Well in Coppell” is a volunteer-based initiative focused on providing a
healthy community environment for citizens, students, organizations and local businesses through
awareness and participation by means of education, advocacy, events, programs and partnerships with
other wellness organizations and businesses; and
WHEREAS, being named the 2016 Community Challenge Winner for mid-sized cities, Coppell
embraces “It’s Time Texas” and the H-E-B Community Challenge for being a one-of-a-kind
competition that challenges communities across the state of Texas to demonstrate the greatest
commitment to healthy living; and
WHEREAS, The H-E-B Community Challenge unites and mobilizes schools, businesses,
organizations, community members, and leaders toward the common goal of transforming their
community’s health.
NOW, THEREFORE, I Karen Selbo Hunt, Mayor of the City of Coppell do hereby proclaim
January 2017 – March 2017 as
“H-E-B COMMUNITY CHALLENGE MONTHS”
and challenge the City of Coppell, Coppell ISD, Coppell YMCA, Coppell Recreation Center, Coppell
Senior Center, and the Coppell Chamber of Commerce to encourage all of its members and participants
in representing Coppell and participate in this initiative.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be
affixed this 10th day of January 2017.
_________________________________
ATTEST: Karen Selbo Hunt, Mayor
________________________________
Christel Pettinos, City Secretary
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2017-3162
File ID: Type: Status: 2017-3162 Agenda Item Consent Agenda
1Version: Reference: In Control: City Secretary
01/06/2017File Created:
Final Action: MinutesFile Name:
Title: Consider approval of the minutes: December 13, 2016.
Notes:
Agenda Date: 01/10/2017
Agenda Number: A.
Sponsors: Enactment Date:
Minutes.pdfAttachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 01/10/2017City Council
Text of Legislative File 2017-3162
Title
Consider approval of the minutes: December 13, 2016.
Summary
Fiscal Impact:
Staff Recommendation:
Approval recommended.
Goal Icon:
Sustainable City Government
Business Prosperity
Community Wellness and Enrichment
Page 1City of Coppell, Texas Printed on 1/6/2017
Master Continued (2017-3162)
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 1/6/2017
255 Parkway Boulevard
Coppell, Texas 75019-9478City of Coppell, Texas
Minutes
City Council
5:30 PM Council ChambersTuesday, December 13, 2016
KAREN HUNT WES MAYS
Mayor Mayor Pro Tem
CLIFF LONG NANCY YINGLING
Place 1 Place 5
BRIANNA HINOJOSA-FLORES MARVIN FRANKLIN
Place 2 Place 6
GARY RODEN MARK HILL
Place 4 Place 7
CLAY PHILLIPS
City Manager
Karen Hunt;Cliff Long;Wes Mays;Gary Roden;Marvin Franklin;Mark Hill
and Nancy Yingling
Present 7 -
Brianna Hinojosa-FloresAbsent1 -
Also present were City Manager Clay Phillips, Deputy City Managers Mario Canizares
and Mike Land, City Secretary Christel Pettinos and City Attorney Robert Hager.
The City Council of the City of Coppell met in Regular Called Session on Tuesday,
December 13, 2016, at 5:30 p.m. in the City Council Chambers of Town Center, 255
Parkway Boulevard, Coppell, Texas.
Call to Order1.
Mayor Hunt called the meeting to order, determined that a quorum was present
and convened into the Work Session at 5:39 p.m.
Work Session (Open to the Public) 1st Floor Conference Room2.
A.Discussion regarding license plate readers.
B.Discussion regarding video camera systems.
C.Discussion regarding water and sewer rates.
D.Discussion regarding agenda items.
Presented in Work Session
Page 1City of Coppell, Texas
December 13, 2016City Council Minutes
RECEPTION FOR BOARD/COMMISSION/COMMITTEE MEMBERS IN ATRIUM FROM 6:30
PM TO 7:30 PM
Mayor Hunt adjourned the Work Session at 6:39 p.m. At this time, the City
Council attended the Boards and Commissions Reception in the Atrium.
Regular Session (Open to the Public) 7:30 P.M.
Mayor Hunt reconvened into the Regular Session at 7:32 p.m.
Invocation3.
Kelli Warren, Director of Special Needs with GracePoint Church, gave the
Invocation.
Pledge of Allegiance4.
Mayor Hunt and the City Council led those present in the Pledge of Allegiance.
5.Swearing in of newly appointed Board/Commission/Committee
members.
Mayor Hunt swore in the newly appointed Board and Commission Members.
Citizens’ Appearance6.
Mayor Hunt asked for those who signed up to speak:
1) Ann Dragon, 727 Bent Tree Court, asked the City Council to deny the zoning
case coming for them in January regarding the fencing at CMSN and CMSW.
2) Charlie Brown, 735 Northshore Ct., spoke in regards to the chain-link and
barbed-wired fence located at CMSN and CMSW.
Consent Agenda7.
A.Consider approval of the minutes: November 8, 2016.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Gary Roden, that Consent Agenda Items A-N be approved. The
motion passed by an unanimous vote.
B.Consider approval to purchase Vigilant Solutions Stationary License
Plate Reader Package in the amount of $153,210.00 for the
acquisition of two stationary license plate reader platforms with
accompanying hardware, software, and training; and authorizing the
City Manager to sign and execute any necessary documents.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Gary Roden, that Consent Agenda Items A-N be approved. The
motion passed by an unanimous vote.
Page 2City of Coppell, Texas
December 13, 2016City Council Minutes
C.Consider approval of a Resolution to amend the Interlocal Agreement
between the City of Coppell, City of Carrollton, and the City of Farmers
Branch to add the Town of Addison in the existing joint use agreement
of the fire training facility; authorizing the Mayor to sign and the City
Manager to execute any necessary documents.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Gary Roden, that Consent Agenda Items A-N be approved. The
motion passed by an unanimous vote.
Enactment No: RE 2016-1213.1
D.Consider adoption of a Resolution approving an Interlocal Agreement
between the City of Coppell and the City of Carrollton for the purchase
of communication equipment, audio/visual systems, installation, repair
and related services: authorizing the Mayor to sign and City Manager
to execute documents.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Gary Roden, that Consent Agenda Items A-N be approved. The
motion passed by an unanimous vote.
Enactment No: RE 2016-1213.2
E.Consider award of a proposal from Spectra Contract Flooring, for the
replacement of the gym floor at The CORE, in the amount of
$75,000.00, as budgeted, utilizing Buy Board Contract #476-15; and
authorizing the City Manager to sign the necessary documents.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Gary Roden, that Consent Agenda Items A-N be approved. The
motion passed by an unanimous vote.
F.Consider approval of the procurement of two (2) school buses from
Thomas Built Buses, through an Interlocal Agreement with Houston
Galveston Area Council (HGAC), in the amount of $202,700.00, as
budgeted; and authorizing the City Manager to sign and execute any
necessary documents.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Gary Roden, that Consent Agenda Items A-N be approved. The
motion passed by an unanimous vote.
G.Consider approving procurement of twelve (12) replacement vehicles
for Building Inspections (1), Environmental Health (2), Facilities (1),
Fire (3), Fleet Services (1), Parks (3) and Water Utilities (1), from
Caldwell Country Chevrolet utilizing contract pricing through Buyboard
no. 521-16; in the amount of $444,297.00; as budgeted; and
authorizing the City Manager to sign any necessary documents.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Gary Roden, that Consent Agenda Items A-N be approved. The
motion passed by an unanimous vote.
Page 3City of Coppell, Texas
December 13, 2016City Council Minutes
H.Consider approving procurement of four (4) replacement vehicles for
Engineering (1), Police (2) and Parks (1), from Silsbee Ford utilizing
contract pricing through Buyboard no. 430-13 and State of Texas
TPASS 072-A1; in the amount of $145,810.50; as budgeted; and
authorizing the City Manager to sign any necessary documents.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Gary Roden, that Consent Agenda Items A-N be approved. The
motion passed by an unanimous vote.
I.Consider approval of an agreement with Nortex Concrete Lift &
Stabilization, Inc., based on a unit price, in an amount not to exceed
$100,000.00 for roadway concrete leveling (mudjacking); based on the
City of Grand Prairie bid contract; as authorized by the Texas Local
Government Code; as budgeted in the Infrastructure Maintenance
Fund; and authorizing the City Manager to sign any necessary
documents.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Gary Roden, that Consent Agenda Items A-N be approved. The
motion passed by an unanimous vote.
J.Consider approval of an agreement with NEMA 3 Electric for the
installation of conduit along MacArthur Boulevard from Parkway
Boulevard north to Samuel Boulevard; in the total amount of
$73,925.00, as budgeted; and authorizing the City Manager to sign
any necessary documents.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Gary Roden, that Consent Agenda Items A-N be approved. The
motion passed by an unanimous vote.
K.Consider approval of a Resolution approving a Tax Abatement
Agreement between the City of Coppell and Bio World Merchandising,
Inc., and authorizing the Mayor to sign.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Gary Roden, that Consent Agenda Items A-N be approved. The
motion passed by an unanimous vote.
Enactment No: RE 2016-1213.3
L.Consider approval of a Resolution approving the First Amendment to
Tax Abatement Agreement between the City of Coppell and Kristi A.
Zatyko, and authorizing the Mayor to sign.
A motion was madeby Councilmember Marvin Franklin, seconded by
Councilmember Gary Roden, that this Resolution be Approved on the Consent
Agenda passed BY VOICE VOTE
Enactment No: RE 2016-1213.4
M.Consider approval of a Resolution approving the First Amendment to
Tax Abatement Agreement between the City of Coppell and T & J
Page 4City of Coppell, Texas
December 13, 2016City Council Minutes
Harris Land Investment LLC, and authorizing the Mayor to sign.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Gary Roden, that Consent Agenda Items A-N be approved. The
motion passed by an unanimous vote.
Enactment No: RE 2016-1213.5
N.Consider approval of a Resolution approving the First Amendment to
Tax Abatement Agreement between the City of Coppell and Founders’
Crossing LLC, and authorizing the Mayor to sign.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Gary Roden, that Consent Agenda Items A-N be approved. The
motion passed by an unanimous vote.
Enactment No: RE 2016-1213.6
End of Consent Agenda
8.CONTINUED PUBLIC HEARING:
Consider approval of Case No. PD-285-C, Connell Skaggs Addition,
Lot 1 & Portion of Lot 3 (Woodside Village Expansion), a zoning
change request from C (Commercial) to PD-285-C (Planned
Development-285-Commercial), to allow retention of the existing retail
building with additional parking on Lot 1 (5.8 acres) and development
of a two-building, 30,800-square-foot, retail expansion on a portion of
Lot 3 (3.6 acres), containing a total of 9.4 acres of property located at
110 & 214 W. Sandy Lake Road.
Mayor Hunt read the item into the record and included a letter from the
developer requesting a postponement until the January 10, 2017 City Council
meeting. A motion was made by Councilmember Gary Roden, seconded by
Councilmember Cliff Long, to continue the Public Hearing until January 10,
2017. The motion passed by an unanimous vote.
9.PUBLIC HEARING:
Consider approval of an Ordinance designating DCT Industrial Trust,
Inc., Reinvestment Zone No. 109 pursuant to Section 312.201 of the
Property Redevelopment and Tax Abatement Act, and authorizing the
Mayor to sign.
Mayor Hunt read items 9 and 10 into the record to be considered together.
Presentation: Mindi Hurley, Economic Development Coordinator, made a
presentation to the Council.
Mayor Hunt opened the Public Hearing for Item 9 and advised that no one
signed up to speak.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Nancy Yingling, to close the Public Hearing for Item 9 and
approve Agenda Items 9 and 10. The motion passed by an unanimous vote.
Enactment No: OR 2016-1453
Page 5City of Coppell, Texas
December 13, 2016City Council Minutes
10.Consider approval of a Resolution approving a Tax Abatement
Agreement between the City of Coppell and DCT Freeport West LLC,
and authorizing the Mayor to sign.
Mayor Hunt read items 9 and 10 into the record to be considered together.
Presentation: Mindi Hurley, Economic Development Coordinator, made a
presentation to the Council.
Mayor Hunt opened the Public Hearing for Item 9 and advised that no one
signed up to speak.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Nancy Yingling, to close the Public Hearing for Item 9 and
approve Agenda Items 9 and 10. The motion passed by an unanimous vote.
Enactment No: RE 2016-1213.7
11.PUBLIC HEARING:
Consider approval of an Ordinance designating Chase Hospitality,
LLC, Reinvestment Zone No. 105 pursuant to Section 312.201 of the
Property Redevelopment and Tax Abatement Act, and authorizing the
Mayor to sign.
Mayor Hunt read items 11 through 13 into the record to be considered together.
Presentation: Mindi Hurley, Economic Development Coordinator, made a
presentation to the Council.
Mayor Hunt opened the Public Hearing for Item 11 and advised that no one
signed up to speak.
A motion was made by Councilmember Nancy Yingling, seconded by
Councilmember Cliff Long, to close the Public Hearing for Item 11 and approve
Agenda Items 11 through 13. The motion passed by an unanimous vote.
Enactment No: OR 2016-1454
12.Consider approval of a Resolution approving a Tax Abatement
Agreement between the City of Coppell and Plaza Lodging, LLC, and
authorizing the Mayor to sign.
Mayor Hunt read items 11 through 13 into the record to be considered together.
Presentation: Mindi Hurley, Economic Development Coordinator, made a
presentation to the Council.
Mayor Hunt opened the Public Hearing for Item 11 and advised that no one
signed up to speak.
A motion was made by Councilmember Nancy Yingling, seconded by
Councilmember Cliff Long, to close the Public Hearing for Item 11 and approve
Agenda Items 11 through 13. The motion passed by an unanimous vote.
Enactment No: RE 2016-1213.8
Page 6City of Coppell, Texas
December 13, 2016City Council Minutes
13.Consider approval of a Civic Center Agreement by and between the
City of Coppell and Plaza Lodging, LLC, and authorizing the City
Manager to sign.
Mayor Hunt read items 11 through 13 into the record to be considered together.
Presentation: Mindi Hurley, Economic Development Coordinator, made a
presentation to the Council.
Mayor Hunt opened the Public Hearing for Item 11 and advised that no one
signed up to speak.
A motion was made by Councilmember Nancy Yingling, seconded by
Councilmember Cliff Long, to close the Public Hearing for Item 11 and approve
Agenda Items 11 through 13. The motion passed by an unanimous vote.
14.PUBLIC HEARING:
Consider approval of an Ordinance designating SFPLP Holdings
Management, LLC, Reinvestment Zone No. 110 pursuant to Section
312.201 of the Property Redevelopment and Tax Abatement Act, and
authorizing the Mayor to sign.
Presentation: Mindi Hurley, Economic Development Coordinator, made a
presentation to the Council.
Mayor Hunt opened the Public Hearing and advised that no one signed up to
speak.
A motion was made by Mayor Pro Tem Wes Mays, seconded by
Councilmember Marvin Franklin, to close the Public Hearing and approve this
Agenda Item. The motion passed by an unanimous vote.
Enactment No: OR 2016-1455
15.PUBLIC HEARING:
Consider approval of an Ordinance designating MLRP Park West
Crossing, LLC, Reinvestment Zone No. 106 pursuant to Section
312.201 of the Property Redevelopment and Tax Abatement Act, and
authorizing the Mayor to sign.
Mayor Hunt read items 15 and 16 into the record to be considered together.
Presentation: Mindi Hurley, Economic Development Coordinator, made a
presentation to the Council.
Mayor Hunt opened the Public Hearing for Item 15 and advised that no one
signed up to speak.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Gary Roden, to close the Public Hearing for Item 15 and
approve the Agenda Items. The motion passed by an unanimous vote.
Enactment No: OR 2016-1456
Page 7City of Coppell, Texas
December 13, 2016City Council Minutes
16.Consider approval of four (4) Resolutions approving Tax Abatement
Agreements between the City of Coppell and MLRP Park West
Crossing LLC and authorizing the Mayor to sign.
Mayor Hunt read items 15 and 16 into the record to be considered together.
Presentation: Mindi Hurley, Economic Development Coordinator, made a
presentation to the Council.
Mayor Hunt opened the Public Hearing for Item 15 and advised that no one
signed up to speak.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Gary Roden, to close the Public Hearing for Item 15 and
approve the Agenda Items. The motion passed by an unanimous vote.
Enactment No: RE 2016-1213.9; RE 2016-1213.10; RE 2016-1213.11; RE
2016-1213.12
17.Consider approval to purchase fifty (50) Taser Flex 2 Body Cameras
from Taser International to be utilized by the combined SWAT team
with the cost shared by Coppell, Addison, Carrollton and Farmers
Branch at a total cost of $156,828, with payments to be spread out
over five (5) years, and purchased from the Crime Control Fund; and
authorizing the City Manager to sign and execute any necessary
documents.
Presentation: Police Chief Mac Tristan made a presentation to the City Council.
A motion was made by Councilmember Nancy Yingling, seconded by Mayor
Pro Tem Wes Mays, that this Agenda Item be approved. The motion passed by
an unanimous vote.
18.Consider approval of Change Order #3 to the RKM Utilities, Inc.
contract; in the amount of $169,075.00 for construction of the “slip
street” design for the Burns Street project, as part of the Old Town
improvement project; and authorizing the City Manager to sign any
necessary documents.
Presentation: Ken Griffin, Director of Engineering, made a presentation to the
City Council.
A motion was made by Mayor Pro Tem Wes Mays, seconded by
Councilmember Mark Hill, that this Agenda Item be approved. The motion
passed by an unanimous vote.
19.Consider approval to enter into an agreement with Knight Security to
provide and install Security Cameras and Video Management
Software for City facilities, through HGAC 1466 contract # SEO5-15
and GSA contract #GS35G427CA, in the amount of $516,512.79, as
budgeted; and authorizing the City Manager to sign any necessary
agreements upon completion.
Presentation: Albert Gauthier, CIO, made a presentation to the City Council.
Page 8City of Coppell, Texas
December 13, 2016City Council Minutes
A motion was made by Councilmember Marvin Franklin, seconded by Mayor
Pro Tem Wes Mays, that this Agenda Item be approved. The motion passed by
an unanimous vote.
City Manager Reports - Project Updates and Future Agendas20.
City Manager Clay Phillips announced that Albert Gauthier became a US
Citizen today. Mr. Phillips also announced that the Life Safety Park will have its
Grand Opening on January 28th with activities all day. Finally, the Community
Development Services Director position has posted. The next City Council
meeting will be held January 10th.
Mayor and Council Reports21.
A.Report by Mayor Hunt regarding the Metroplex Mayors’ Meeting.
B.Report by Councilmember Yingling regarding the NCTCOG
Emergency Preparedness Planning Council and the Big X exercise.
C.Report by Councilmember Yingling regarding the November
National League of Cities - Cities Summit Conference in Pittsburg
focusing on the Community and Economic Development Committee.
D.Report by Mayor Hunt regarding the Holiday Tree Lighting Event.
A. Mayor Hunt attended the Metroplex Mayors' Meeting where Richard Benson,
President of UTDallas, was the guest speaker. Approximately 75 freshmen were
from Coppell this year.
B. Councilmember Yingling gave a report on the Big X Exercise and had a
video available for the audience.
C. Councilmember Yingling will report on her National League of Cities
Conference next meeting.
D. MAyor Hunt reported on the Holiday Tree Lighting Event. As a result of the
weather, the parade was canceled. However, many citizens still attended the
tree lighting and holiday events held inside Town Center.
Council Committee Reports concerning items of community involvement with no
Council action or deliberation permitted.
22.
A.North Central Council of Governments - Mayor Pro Tem Mays
B.North Texas Commission - Councilmembers Franklin and Yingling
C.Historical Society - Councilmember Long
A. Mayor Pro Tem Mays announced that NCTCOG is celebrating their 50th
anniversary. The organization has been growing and doing so much for the
region with over 84 different committees to choose from.
B. Councilmember Yingling reminded everyone that Leadership North Texas
University applications will close on December 16th. Sponsorships are still
available and classes begin January 19th.
C. Councilmember Long reported that the Historical Society held its annual
Page 9City of Coppell, Texas
December 13, 2016City Council Minutes
Christmas Party last Saturday. A book signing by former Mayor Lou Duggan
and Jean Murph was held and sold out. Proceeds benefitted the Historical
Society.
Public Service Announcements concerning items of community interest with no
Council action or deliberation permitted.
23.
Nothing to report.
Executive Session (Closed to the Public) 1st Floor Conference Room24.
At this time, Mayor Hunt recessed the Regular Session and convened into the
Executive Session at 8:39 p.m.
Section 551.071, Texas Government Code - Consultation with City Attorney.
A.Consultation with City Attorney to seek legal advice regarding the
development of institutional uses of property.
Discussed under Executive Session
Section 551.074, Texas Government Code - Personnel Matters.
B.Deliberation regarding the appointment, employment and duties of a
public office or employee, to wit, new City Manager.
Discussed under Executive Session
Necessary Action from Executive Session25.
Mayor Hunt adjourned the Executive Session at 9:40 p.m. and reconvened into
the Regular
Session.
Resulting from Executive Session, Mayor Hunt read the following into the
record: the City Council appoints Mike Land to the position of City Manager,
effective April 1, 2017, and authorizes the Mayor to enter into a contract as
negotiated. Councilmember Franklin moved to approve the motion as read,
with Councilmember Roden seconding the motion. The vote passed
unanimously.
Adjournment
There being no further action before the City Council, the meeting was
adjourned.
________________________
Karen Selbo Hunt, Mayor
Page 10City of Coppell, Texas
December 13, 2016City Council Minutes
ATTEST:
______________________________
Christel Pettinos, City Secretary
Page 11City of Coppell, Texas
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2016-3078
File ID: Type: Status: 2016-3078 Resolution Agenda Ready
1Version: Reference: In Control: Administration
11/29/2016File Created:
Final Action: Naterra International - ResolutionFile Name:
Title: Consider approval of a Resolution approving a Tax Abatement Agreement
between the City of Coppell and Naterra International, and authorizing the
Mayor to sign.
Notes:
Agenda Date: 01/10/2017
Agenda Number: B.
Sponsors: Enactment Date:
Naterra II - Resolution Memo.pdf, Naterra II-
Resolution.pdf, Naterra International (II) Tax
Abatement Agreement.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 01/10/2017City Council
Text of Legislative File 2016-3078
Title
Consider approval of a Resolution approving a Tax Abatement Agreement between the City
of Coppell and Naterra International, and authorizing the Mayor to sign.
Summary
City Council held a Public Hearing regarding the designation of Reinvestment Zone No. 110
on December 13, 2016. Naterra International has experienced tremendous growth is
building a second building approximately 100,000 square feet in size. The Tax Abatement
Agreement terms for this company will be a 10 year, 80% abatement, and it will be applied
to the business personal property for Naterra International.
Page 1City of Coppell, Texas Printed on 1/6/2017
Master Continued (2016-3078)
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Staff Recommendation:
Economic Development recommends approval.
Goal Icon:
Business Prosperity
Page 2City of Coppell, Texas Printed on 1/6/2017
1
MEMORANDUM
To: Mayor and City Council
From: Clay Phillips, City Manager
Date: January 10, 2017
Reference: Consider approval of a Resolution approving a Tax Abatement Agreement between
the City of Coppell and Naterra International, and authorizing the Mayor to sign.
2030: Business Prosperity
Executive Summary:
Naterra International will be moving to a new building. This agreement will grant a business personal
property tax abatement to Naterra International.
Introduction:
Since 1923, Naterra International Inc. has been making exceptional quality beauty and skin care
products. Naterra International, Inc. is a leading United States manufacturer and marketer of
beauty, baby care and personal care products. BMSC is a company that specializes in
manufacturing personal care products. BMSC and Naterra International are sister companies that
currently share a 300,000 square foot building located at 1250 Freeport Parkway. They have both
grown rapidly, and the owners are ready to build a second building to house the operations of
Naterra International so that BMSC can occupy the entire space at the current building. The new
building will be approximately 100,000 square feet in size.
Analysis:
Naterra International will move its operations to the new building. It will be owned by SFPLP
Holdings Management, LLC. Reinvestment Zone No. 110 was created for this new building on
December 13, 2016. One of the resolutions and tax abatements that coincide with Reinvestment
Zone No. 110 will grant a 10 year, 80% abatement on business personal property for Naterra
International.
Legal Review:
The documents were created by Pete Smith.
2
Fiscal Impact:
N/A
Recommendation:
Economic Development recommends approval.
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 NATERRA INTERNATIONAL,
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 Naterra International, 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 improvements proposed for the Premises will accomplish the tax
abatement guidelines of the City of Coppell, Texas.
SECTION 4. The City Manager delivered to the presiding officer of the governing bod y
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 5. 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 6. 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 ________________, 2017.
CITY OF COPPELL, TEXAS
___________________________________________
KAREN SELBO HUNT, MAYOR
ATTEST:
___________________________________________
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
3
Exhibit “A”
(copy of Tax Abatement Agreement
to be attached)
Page 1 Tax Abatement Agreement – Building 2 - BPP
City of Coppell and Naterra International Inc. (TM 81987)
3STATE OF TEXAS §
§
COUNTY OF DALLAS §
TAX ABATEMENT AGREEMENT
This Tax Abatement Agreement (the “Agreement”) is entered into by and among the City of
Coppell, Texas (the “City”), and Naterra International, Inc., a Texas corporation (the “Lessee”) (the
City and Lessee collectively referred to as the “Parties” or singularly as a “Party”), 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 Council”), passed an
Ordinance (the “Ordinance”) establishing Tax Abatement Reinvestment Zone No. 110 (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 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, SFPLP Holdings Management LLC is the owner of the Land and intends to
construct a building containing approxiametly 130,000 square feet of office and
warehouse/dostibution space (hereinafter defined as the “Improvements” or the “Leased Premises”)
on the Land; and
WHEREAS, Lessee has leased or intends to enter into a lease of the Improvements for a
period of at least ten (10) years (hereinafter defined as the “Lease”) and intends to locate Tangible
Personal Property (hereinafter defined) at the Leased Premises; and
WHEREAS, Lessee’s development efforts described herein will create permanent new jobs
in the City; and
WHEREAS, the City Council finds that the contemplated use of the Leased Premises
(hereinafter defined), and the contemplated Improvements are consistent with encouraging
Page 2 Tax Abatement Agreement – Building 2 - BPP
City of Coppell and Naterra International Inc. (TM 81987)
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 are located; and
NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein
and for other good and 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.
“City” shall mean the City of Coppell, Texas, acting by and through its City Manager, or
designee.
“Effective Date” shall mean the last date of execution of this Agreement.
“Expiration Date” shall mean March 1 of the calendar year following the tenth (10th)
anniversary date of the First Year of Abatement.
“First Year of Abatement” shall mean the calendar year commencing with January 1 of the
calendar year immediately following the date a certificate of occupancy has been issued by City
for occupancy of the leased Premises by Lessee.
“Force Majeure” shall mean any contingency or cause beyond the reasonable control of a
Party including, without limitation, acts of God or the public enemy, war, riot, civil commotion,
Page 3 Tax Abatement Agreement – Building 2 - BPP
City of Coppell and Naterra International Inc. (TM 81987)
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. 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” or “Leased Premises” shall mean the building containing approximately
130,000 square feet of office and warehouse/distribution 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 Lessee with the City, from time to time, in order to obtain a building
permit(s).
“Land” means the real property described in Exhibit “A”.
“Lease” shall mean Lessee’s lease of the Leased Premsies for a period of ten (10) years
commencing on the First Year of Abatement.
“Lessee” shall mean Naterra International, Inc., a Texas corporation.
“Related Agreement” shall mean any agreement, other than this Agreement, by and
between the City and the Lessee, its parent company, and any affiliated or related entity controlled
or owned by Lessee, or its parent company.
“Required Use” shall mean Lessee’s continuous occupancy of the Leased Premises and
the continuous operation of an office and warehouse/distribution for heath and beauty care
products at the Leased Premises.
“Tangible Personal Property” shall mean furniture, fixtures and equipment owned or leased
by Lessee and located at the Improvements, subsequent to the execution of this Agreement.
Tangible Personal Property shall not include inventory, Freeport Goods and Goods in Transit
located at the Leased Premises.
“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 Lessee has or intends to enter into the Lease to locate and maintain Tangible Personal
Property at the Leased Premises following the Lessee’s occupancy thereof.
2.2 The Premises are not in an improvement project financed by tax increment bonds.
Page 4 Tax Abatement Agreement – Building 2 - BPP
City of Coppell and Naterra International Inc. (TM 81987)
2.3 This Agreement is entered into subject to the rights of the holders of outstanding bonds
of the City.
2.4 The Leased Premises are not owned or leased by any member of the Coppell City
Council or any member of the Coppell Planning and Zoning Commission, or any member of the
governing body of any taxing units joining in or adopting this Agreement.
2.5 Lessee shall, before May 1, of each calendar year that the Agreement is in effect,
certify in writing to the City that Lessee is in compliance with each term of the Agreement.
2.6 The Leased Premises at all times shall be used in the manner (i) that is consistent with
the City’s Comprehensive Zoning Ordinance, as amended, and (ii) that, during the period taxes are
abated hereunder, is consistent with the general purposes of encouraging development or
redevelopment within the Zone.
Article III
Tax Abatement Authorized
3.1 This Agreement is authorized by the Tax Code and in accordance with the City Tax
Abatement Guidelines, and approved by resolution of the City Council.
3.2 Subject to the terms and conditions of this Agreement and provided the Taxable Value
for the Tangible Personal Property is at least Five Million Dollars ($5,000,000.00), as of the First
Year of Abatement and as of January 1 of each year thereafter that this Agreement is in effect, the
City hereby grants Lessee an abatement of eighty percent (80%) for a period of ten (10) consecutive
years 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 located at the Leased Premises subsequent to the
execution of this Agreement. The failure of the Tangible Personal Property to have a Taxable
Value of at least Five Million Dollars ($5,000,000.00) as of January 1 of any given Tax Year shall
not be an event of default subject to termination and repayment of the abated taxes pursuant to
Article V hereof, but shall result in the forfeiture of the tax abatement for the Tangible Personal
Property for such Tax Year.
3.3 The period of tax abatement herein authorized shall be for a period of ten (10)
consecutive years beginning 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 inventory.
3.5 Lessee agrees, subject to events of Force Majeure, to continuously lease (or own)
and occupy the Leased Premises for a period of at least ten (10) consecutive years beginning with
the First Year of Abatement.
3.6 During the term of this Agreement beginning with the First Year of Abatement the
Leased Premises shall not be used for any purpose other than the Required Use and the operation
Page 5 Tax Abatement Agreement – Building 2 - BPP
City of Coppell and Naterra International Inc. (TM 81987)
and occupancy of the Leased Premises in conformance with the Required Use shall not cease for
more than thirty (30) days except in connection with and to the extent of an event of Force Majeure.
3.7 The term of this Agreement shall begin on the Effective Date and shall continue
until the Expiration Date, unless sooner terminated as provided herein.
Article IV
Improvements
4.1 Lessee has leased, or intends to enter into the Lease, and locate Tangible Personal
Property at the Leased Premises. Nothing in this Agreement shall obligate Lessee to enter into the
Lease, or to locate Tangible Personal Property at the Leased Premises, but said actions are conditions
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, subject to events of Force Majeure, to enter into the Lease on or before
December 31, 2017; and to occupy the Lease Premises on or before December 31, 2018.
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.
4.5 The City, its agents and employees shall have the right of access to the Leased
Premises at reasonable times and with reasonable notice to Lessee, and in accordance with visitor
access and security policies of the 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 the Lessee: (i) fails to cause Commencement or Completion of
Construction of the Improvements in accordance with this Agreement; (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 or a Related Agreement, then Lessee after the expiration
of the notice and cure periods described below, shall be in default of this Agreement. As liquidated
damages in the event of such default, the Lessee shall, within thirty (30) days after demand, pay to
the City all taxes which otherwise would have been paid by the Lessee to the City without benefit of
a tax abatement, for the property the subject of this Agreement 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 notice of termination.
Page 6 Tax Abatement Agreement – Building 2 - BPP
City of Coppell and Naterra International Inc. (TM 81987)
5.2 Upon breach by Lessee of any of the obligations under this Agreement, the City shall
notify Lessee in writing, which shall have thirty (30) days from receipt of the notice in which to cure
any such default. If the default cannot reasonably be cured within such 30-day period, and 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 Lessee fails to cure the default within the time provided as specified above or, as
such time period may be extended, the City, at its sole option, shall have the right to terminate this
Agreement by providing written notice to Lessee.
5.4 Upon termination of this Agreement by City, all tax abated as a result of this
Agreement, shall become a debt to the City as liquidated damages, and shall become due and payable
not later than thirty (30) days after a notice of termination is 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 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 Lessee pursuant to the Tax Code, to file an annual exemption
application form with the Chief Appraiser for the appraisal district for the Tangible Personal Property.
A copy of the exemption application shall be submitted to the City upon request.
Article VII
Annual Rendition
Lessee shall annually render the value of the Tangible Personal Property to the Appraisal
District and provide a copy of the same to the City upon written request.
Article VIII
Miscellaneous
8.1 Notice. All notices required by this Agreement shall be addressed to the following, or
other such other Party or address as either party designates in writing, by certified mail, postage
prepaid, or by hand or overnight delivery:
If intended for City, to:
Attn: City Manager
City of Coppell, Texas
With a copy to:
Peter G. Smith
Page 7 Tax Abatement Agreement – Building 2 - BPP
City of Coppell and Naterra International Inc. (TM 81987)
P. O. Box 478
Coppell, Texas 75019
Nichols, Jackson, Dillard, Hager & Smith,
L.L.P.
1800 Ross Tower
500 North Akard
Dallas, Texas 75201
If intended for Lessee:
Attn: Jin K. Song,
Manager
SFPLP Holdings Management
LLC
1250 Freeport Parkway
Coppell, Texas 75019
8.2 Authorization. This Agreement was authorized by resolution of the City Council.
8.3 Severability. In the event any section, subsection, paragraph, sentence, phrase or word
herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be
enforceable and shall be read as if the Parties intended at all times to delete said invalid section,
subsection, paragraph, sentence, phrase or word.
8.4 Governing Law. This Agreement governed by the laws of the State of Texas. Venue
for any action under this Agreement shall be the State District Court of Dallas County, Texas. The
Parties agree to submit to the personal and subject matter jurisdiction of said court.
8.5 Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original and constitute one and the same instrument.
8.6 Entire Agreement. This Agreement embodies the complete agreement of the Parties
hereto, superseding all oral or written previous and contemporary agreements between the Parties and
relating to the matters in this Agreement, and except as otherwise provided herein cannot be modified
without written agreement of the Parties to be attached to and made a part of this Agreement.
8.7 Recitals. The determinations recited and declared in the preambles to this Agreement
are hereby incorporated herein as part of this Agreement.
8.8 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all
purposes wherever reference is made to the same.
8.9 Employment of Undocumented Workers. During the term of this Agreement
Lessee agrees not to knowingly employ any undocumented workers and if convicted of a violation
under 8 U.S.C. Section 1324a (f), such Lessee shall repay the amount of the abated taxes pursuant
to this Agreement as of the date of such violation within one hundred twenty (120) days after the
date such Lessee is notified by City of such violation, plus interest at the rate of four percent (4%)
compounded annually from the date of violation until paid. Lessee is not liable for a violation of
Page 8 Tax Abatement Agreement – Building 2 - BPP
City of Coppell and Naterra International Inc. (TM 81987)
this section by a subsidiary, affiliate, tenant or franchisee of the Lessee or by a person with whom
such Lessee contracts.
8.10 Survival of Covenants. Any of the representations, warranties, covenants, and
obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period
of time following the termination of this Agreement shall survive termination.
8.11 Successor and Assigns. This Agreement shall be binding on and inure to the benefit
of the Parties and their respective heirs, executors, administrators, legal representatives, successors
and permitted assigns. This Agreement may not be assigned without the prior written consent of
the City Manager.
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, a Related
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 – Building 2 - BPP
City of Coppell and Naterra International Inc. (TM 81987)
EXECUTED in duplicate originals the ____ day of _______________, 2017.
CITY OF COPPELL, TEXAS
By:
Karen Hunt, Mayor
Attest:
By:
Christel Pettinos, City Secretary
Approved as to Form:
By:_______________________________
City Attorney
EXECUTED in duplicate originals the ____ day of _______________, 2017.
NATERRA INTERNATIONAL, INC.
By:
Jin K. Song
Chief Executive Officer
EXHIBIT “A”
Page 10 Exhibit “A” to Tax Abatement Agreement – Building 2 - BPP
City of Coppell and Naterra International Inc. (TM 81987)
EXHIBIT “A”
Page 11 Exhibit “A” to Tax Abatement Agreement – Building 2 - BPP
City of Coppell and Naterra International Inc. (TM 81987)
EXHIBIT “A”
Page 12 Exhibit “A” to Tax Abatement Agreement – Building 2 - BPP
City of Coppell and Naterra International Inc. (TM 81987)
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2016-3079
File ID: Type: Status: 2016-3079 Resolution Agenda Ready
1Version: Reference: In Control: Administration
11/29/2016File Created:
Final Action: SFPLP Holdings Management - ResolutionFile Name:
Title: Consider approval of a Resolution approving a Tax Abatement Agreement
between the City of Coppell and SFPLP Holdings Management, LLC, and
authorizing the Mayor to sign.
Notes:
Agenda Date: 01/10/2017
Agenda Number: C.
Sponsors: Enactment Date:
SFPLP Management Holdings II- Resolution
Memo.pdf, SFPLP Holdings Management -
Resolution.pdf, SFPLP Holdings Management (II)
Tax Abatement Agreement.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 01/10/2017City Council
Text of Legislative File 2016-3079
Title
Consider approval of a Resolution approving a Tax Abatement Agreement between the City
of Coppell and SFPLP Holdings Management, LLC, and authorizing the Mayor to sign.
Summary
City Council held a Public Hearing regarding the designation of Reinvestment Zone No. 110
on December 13, 2016. Naterra International has experienced tremendous growth. SFPLP
Holdings Management, LLC is building a second building approximately 100,000 square
feet in size that Naterra International will occupy. The Tax Abatement Agreement terms for
this company will be a 10 year, 80% abatement, and it will be applied to the real property for
Page 1City of Coppell, Texas Printed on 1/6/2017
Master Continued (2016-3079)
SFPLP Holdings Management, LLC.
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Staff Recommendation:
Economic Development recommends approval.
Goal Icon:
Business Prosperity
Page 2City of Coppell, Texas Printed on 1/6/2017
1
MEMORANDUM
To: Mayor and City Council
From: Clay Phillips, City Manager
Date: January 10, 2017
Reference: Consider approval of a Resolution approving a Tax Abatement Agreement between
the City of Coppell and SFPLP Holdings Management LLC, and authorizing the
Mayor to sign.
2030: Business Prosperity
Executive Summary:
A new building is being constructed for Naterra International. The building will be owned by
SFPLP Holdings Management LLC. This agreement grants a real property tax abatement for
SFPLP Holdings Management LLC.
Introduction:
Since 1923, Naterra International Inc. has been making exceptional quality beauty and skin care
products. Naterra International, Inc. is a leading United States manufacturer and marketer of
beauty, baby care and personal care products. BMSC is a company that specializes in
manufacturing personal care products. BMSC and Naterra International are sister companies that
currently share a 300,000 square foot building located at 1250 Freeport Parkway. They have both
grown rapidly, and the owners are ready to build a second building to house the operations of
Naterra International so that BMSC can occupy the entire space at the current building. The new
building will be approximately 100,000 square feet in size.
Analysis:
Naterra International will move its operations to the new building. The building will be owned by
SFPLP Holdings Management, LLC. Reinvestment Zone No. 110 was created for this new
building on December 13, 2016. One of the resolutions and tax abatements that coincide with
Reinvestment Zone No. 110 will grant a 10 year, 80% abatement on the real property for SFPLP
Holdings Management LLC.
2
Legal Review:
The documents were created by Pete Smith.
Fiscal Impact:
N/A
Recommendation:
Economic Development recommends approval.
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 SFPLP HOLDINGS
MANAGEMENT LLC; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by
and between the City of Coppell, Texas, and SFPLP Holdings Management LLC, 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 improvements proposed for the Premises will accomplish the tax
abatement guidelines of the City of Coppell, Texas.
SECTION 4. The City Manager delivered to the presiding officer of the governing bod y
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 5. 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 6. 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 ________________, 2017.
CITY OF COPPELL, TEXAS
___________________________________________
KAREN SELBO HUNT, MAYOR
ATTEST:
___________________________________________
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
3
Exhibit “A”
(copy of Tax Abatement Agreement
to be attached)
Page 1 Tax Abatement Agreement – Building 2 - Improvements
City of Coppell and SFPLP Holdings Management LLC (TM 82007)
STATE OF TEXAS §
§
COUNTY OF DALLAS §
TAX ABATEMENT AGREEMENT
This Tax Abatement Agreement (the “Agreement”) is entered into by and among the City of
Coppell, Texas (the “City”), and SFPLP Holdings Management LLC, a Texas limited liability
company (collectively, the “Owner”) (the City and Owner collectively referred to as the “Parties” or
singularly as a “Party”), 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 Council”), passed an
Ordinance (the “Ordinance”) establishing Tax Abatement Reinvestment Zone No. 110 (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 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 land in the Coppell, Texas,
described in Exhibit “A” (“Land”), and intends to construct a building containing approximately
130,000 square feet of office and warehouse/distribution space (hereinafter defined as the
“Improvements”) on the Land; and
WHEREAS, Owner’s development efforts described herein will create permanent new jobs
in the City; and
WHEREAS, the City Council finds that the contemplated use of the Premises (hereinafter
defined), and the contemplated Improvements 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 – Building 2 - Improvements
City of Coppell and SFPLP Holdings Management LLC (TM 82007)
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 are located; and
NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein
and for other good and 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 this Agreement is executed (2016).
“City” shall mean the City of Coppell, Texas, acting by and through its City Manager, or
designee.
“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.
“Completion of Construction” shall mean: (i) substantial completion of the Improvements;
and (ii) a final certificate of occupancy has been issued for the occupancy of the Improvements.
“Effective Date” shall mean the last date of execution of this Agreement.
Page 3 Tax Abatement Agreement – Building 2 - Improvements
City of Coppell and SFPLP Holdings Management LLC (TM 82007)
“Expiration Date” shall mean March 1 of the calendar year following the tenth (10th)
anniversary date of the First Year of Abatement.
“First Year of Abatement” shall mean the calendar year commencing with January 1 of the
calendar year immediately following the date of Completion of Construction of the Improvements.
“Force Majeure” shall mean any contingency or cause beyond the reasonable control of a
Party including, without limitation, acts of God or the public enemy, war, riot, civil commotion,
insurrection, adverse weather, government or de facto governmental action (unless caused by acts
or omissions of such Party), fires, explosions or floods, strikes, slowdowns or work stoppages.
“Improvements” shall mean the building containing approximately 130,000 square feet of
office and warehouse/distribution 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”.
“Owner” shall mean SFPLP Holdings Management LLC, a Texas limited liability company.
“Premises” shall collectively mean the Improvements and the Land.
“Related Agreement” shall mean any agreement, other than this Agreement, by and
between the City and the Owner, its parent company, and any affiliated or related entity controlled
or owned by Owner, or its parent company.
“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, or is under contract to purchase the Land, which Land
is located within the city limits of the City and within the Zone. Owner intends to construct, or cause
to be constructed, the Improvements on the Land.
2.2 The Premises are not in an improvement project financed by tax increment bonds.
2.3 This Agreement is entered into subject to the rights of the holders of outstanding bonds
of the City.
2.4 The Premises are not owned or leased by any member of the Coppell City Council or
any member of the Coppell Planning and Zoning Commission, or any member of the governing body
of any taxing units joining in or adopting this Agreement.
Page 4 Tax Abatement Agreement – Building 2 - Improvements
City of Coppell and SFPLP Holdings Management LLC (TM 82007)
2.5 Owner shall, before May 1, of each calendar year that the Agreement is in effect,
certify in writing to the City that Owner is in compliance with each term of the Agreement.
2.6 The Premises at all times shall be used in the manner (i) that is consistent with the
City’s Comprehensive Zoning Ordinance, as amended, and (ii) that, during the period taxes are abated
hereunder, is consistent with the general purposes of encouraging development or redevelopment
within the Zone.
Article III
Tax Abatement Authorized
3.1 This Agreement is authorized by the Tax Code and in accordance with the City Tax
Abatement Guidelines, and approved by resolution of the City Council.
3.2 Subject to the terms and conditions of this Agreement and provided the Taxable Value
for the Improvements, excluding the Land, is at least Seven Million Dollars ($7,000,000.00), as 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 eighty percent (80%) for a period of ten (10)
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 failure of the Improvements to have a Taxable Value of at least Seven Million Dollars
($7,000,000.00) as of January 1 of any given Tax Year shall not be an event of default subject to
termination and repayment of the abated taxes pursuant to Article V hereof, but shall result in the
forfeiture of the tax abatement for the Improvements for such Tax Year.
3.3 The period of tax abatement herein authorized shall be for a period of ten (10)
consecutive years beginning the First Year of Abatement.
3.4 During the period of tax abatement herein authorized, Owner shall be subject to all
taxation not abated, including but not limited to, sales tax and ad valorem taxation on Land.
3.5 The term of this Agreement shall begin on the Effective Date and shall continue
until the Expiration Date, 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. Nothing in this Agreement shall obligate Owner
to construct the Improvements on the Land, but said actions are conditions precedent to tax abatement
pursuant to this Agreement.
4.2 As a condition precedent to the initiation of the Owner’s tax abatement pursuant to
this Agreement, Owner agrees, subject to events of Force Majeure, to cause Commencement of
Construction of the Improvements to occur on or before December 31, 2017, and subject to events of
Page 5 Tax Abatement Agreement – Building 2 - Improvements
City of Coppell and SFPLP Holdings Management LLC (TM 82007)
Force Majeure to cause Completion of Construction of the Improvements to occur on or before
December 31, 2018, as good and valuable consideration for this Agreement, and that all construction
of the Improvements will be in accordance with all applicable state and local laws, codes, and
regulations (or valid waiver thereof).
4.3 Construction plans for the Improvements constructed on the Land will be filed with
the City, which shall be deemed to be incorporated by reference herein and made a part hereof for all
purposes.
4.4 Owner agrees to maintain the Improvements during the term of this Agreement in
accordance with all applicable state and local laws, codes, and regulations.
4.5 The City, its agents and employees shall have the right of access to the Premises
during and following construction to inspect the Improvements at reasonable times and with
reasonable notice to Owner, and in accordance with visitor access and security policies of the Owner,
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 the Owner: (i) fails to cause Commencement or Completion of
Construction of the Improvements in accordance with this Agreement; (ii) has delinquent ad valorem
or sales taxes owed to the City (provided Owner retains its right to timely and properly protest such
taxes or assessment); (iii) suffers an event of “Bankruptcy or Insolvency”; or (iv) breaches any of
the terms and conditions of this Agreement or a Related Agreement, then Owner 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 Owner shall, within thirty (30) days after demand, pay to
the City all taxes which otherwise would have been paid by the Owner to the City without benefit of
a tax abatement, for the property the subject of this Agreement at the statutory rate for delinquent
taxes as determined by Section 33.01 of the Tax Code, as amended, but without penalty. The Parties
acknowledge that actual damages in the event of default termination would be speculative and
difficult to determine. The Parties further agree that any abated tax, including interest, as a result of
this Agreement, shall be recoverable against the Owner, its successors and assigns and shall constitute
a tax lien against the Premises, and shall become due, owing and shall be paid to the City within thirty
(30) days after notice of termination.
5.2 Upon breach by Owner of any of the obligations under this Agreement, the City shall
notify Owner in writing, which shall have thirty (30) days from receipt of the notice in which to cure
any such default. If the default cannot reasonably be cured within such 30-day period, and Owner has
diligently pursued such remedies as shall be reasonably necessary to cure such default, then the City
may extend the period in which the default must be cured.
5.3 If Owner fails to cure the default within the time provided as specified above or, as
such time period may be extended, the City, at its sole option, shall have the right to terminate this
Agreement by providing written notice to Owner.
Page 6 Tax Abatement Agreement – Building 2 - Improvements
City of Coppell and SFPLP Holdings Management LLC (TM 82007)
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 without tax abatement for the years in which tax abatement
hereunder was received by Owner, as determined by the Appraisal District, multiplied by the tax rate
of the years in question, as calculated by the City Tax Assessor-Collector. The liquidated damages
shall incur penalties as provided for delinquent taxes and shall commence to accrue after expiration
of the thirty (30) day payment period.
Article VI
Annual Application for Tax Exemption
It shall be the responsibility of Owner pursuant to the Tax Code, to file an annual exemption
application form with the Chief Appraiser for the appraisal district for the Improvements. A copy of
the exemption application shall be submitted to the City upon request.
Article VII
Annual Rendition
Owner shall annually render the value of the Improvements to the Appraisal District and
provide a copy of the same to the City upon written request.
Article VIII
Miscellaneous
8.1 Notice. All notices required by this Agreement shall be addressed to the following, or
other such other Party or address as either party designates in writing, by certified mail, postage
prepaid, or by hand or overnight delivery:
If intended for 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 Ross Tower
500 North Akard
Dallas, Texas 75201
Page 7 Tax Abatement Agreement – Building 2 - Improvements
City of Coppell and SFPLP Holdings Management LLC (TM 82007)
If intended for Owner:
Attn: Jin K. Song,
Manager
SFPLP Holdings Management LLC
1250 Freeport Parkway
Coppell, Texas 75019
8.2 Authorization. This Agreement was authorized by resolution of the City Council.
8.3 Severability. In the event any section, subsection, paragraph, sentence, phrase or word
herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be
enforceable and shall be read as if the Parties intended at all times to delete said invalid section,
subsection, paragraph, sentence, phrase or word.
8.4 Governing Law. This Agreement governed by the laws of the State of Texas. Venue
for any action under this Agreement shall be the State District Court of Dallas County, Texas. The
Parties agree to submit to the personal and subject matter jurisdiction of said court.
8.5 Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original and constitute one and the same instrument.
8.6 Entire Agreement. This Agreement embodies the complete agreement of the Parties
hereto, superseding all oral or written previous and contemporary agreements between the Parties and
relating to the matters in this Agreement, and except as otherwise provided herein cannot be modified
without written agreement of the Parties to be attached to and made a part of this Agreement.
8.7 Recitals. The determinations recited and declared in the preambles to this Agreement
are hereby incorporated herein as part of this Agreement.
8.8 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all
purposes wherever reference is made to the same.
8.9 Employment of Undocumented Workers. During the term of this Agreement
Owner agrees not to knowingly employ any undocumented workers and if convicted of a violation
under 8 U.S.C. Section 1324a (f), such Owner shall repay the amount of the abated taxes pursuant
to this Agreement as of the date of such violation within one hundred twenty (120) days after the
date such Owner is notified by City of such violation, plus interest at the rate of four percent (4%)
compounded annually from the date of violation until paid. Owner is not liable for a violation of
this section by a subsidiary, affiliate, tenant or franchisee of the Owner or by a person with whom
such Owner contracts.
8.10 Survival of Covenants. Any of the representations, warranties, covenants, and
obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period
of time following the termination of this Agreement shall survive termination.
Page 8 Tax Abatement Agreement – Building 2 - Improvements
City of Coppell and SFPLP Holdings Management LLC (TM 82007)
8.11 Successor and Assigns. This Agreement shall be binding on and inure to the benefit
of the Parties and their respective heirs, executors, administrators, legal representatives, successors
and permitted assigns. This Agreement may not be assigned without the prior written consent of
the City Manager.
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 Owner,
regardless of whether the amount due arises pursuant to the terms of this Agreement, a Related
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 – Building 2 - Improvements
City of Coppell and SFPLP Holdings Management LLC (TM 82007)
EXECUTED in duplicate originals the ____ day of _______________, 2017.
CITY OF COPPELL, TEXAS
By:
Karen Hunt, Mayor
Attest:
By:
Christel Pettinos, City Secretary
Approved as to Form:
By:_______________________________
City Attorney
EXECUTED in duplicate originals the ____ day of _______________, 2017.
SFPLP HOLDINGS MANAGEMENT LLC
By:
Jin K. Song
Manager
EXHIBIT “A”
Page 10 Exhibit “A” to Tax Abatement Agreement – Building 2 - Improvements
City of Coppell and SFPLP Holdings Management LLC (TM 82007)
EXHIBIT “A”
Page 11 Exhibit “A” to Tax Abatement Agreement – Building 2 - Improvements
City of Coppell and SFPLP Holdings Management LLC (TM 82007)
EXHIBIT “A”
Page 12 Exhibit “A” to Tax Abatement Agreement – Building 2 - Improvements
City of Coppell and SFPLP Holdings Management LLC (TM 82007)
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2016-3080
File ID: Type: Status: 2016-3080 Resolution Agenda Ready
1Version: Reference: In Control: Administration
11/29/2016File Created:
Final Action: Caliber Home Loans - Eco Dev AgreementFile Name:
Title: Consider approval of an Economic Development Incentive Agreement by
and between the City of Coppell and Caliber Home Loans, Inc., and
authorizing the Mayor to sign.
Notes:
Agenda Date: 01/10/2017
Agenda Number: D.
Sponsors: Enactment Date:
Caliber Home Loans Memo.pdf, Caliber Home Loans
Agreement.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 01/10/2017City Council
Text of Legislative File 2016-3080
Title
Consider approval of an Economic Development Incentive Agreement by and between the
City of Coppell and Caliber Home Loans, Inc., and authorizing the Mayor to sign.
Summary
Caliber Home Loans, Inc. will be leasing approximately 180,000 square feet at 1525 S. Belt
Line Road. They will have approximately 550 employees at this location. This Economic
Development Incentive Agreement awards a cash grant to Caliber Home Loans, Inc. for
each new job that meets the required salary threshold established.
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Page 1City of Coppell, Texas Printed on 1/6/2017
Master Continued (2016-3080)
Staff Recommendation:
Economic Development recommends approval.
Goal Icon:
Business Prosperity
Page 2City of Coppell, Texas Printed on 1/6/2017
1
MEMORANDUM
To: Mayor and City Council
From: Clay Phillips, City Manager
Date: January 10, 2017
Reference: Consider approval of an Economic Development Incentive Agreement by and
between the City of Coppell and Caliber Home Loans, Inc., and authorizing the
Mayor to sign.
2030: Business Prosperity
Executive Summary:
Caliber Home Loans, Inc. will be leasing space at 1525 S. Belt Line Road. This Economic
Development Incentive Agreement awards a cash grant to Caliber Home Loans, Inc. for each new
job that meets the required salary threshold established.
Introduction:
Caliber Home Loans, Inc. is a full-service national mortgage lender. They currently have
approximately 350 locations across the United States. The company will be leasing approximately
180,000 square feet at 1525 S. Belt Line Road for a period of ten years. They will bring up to 800
jobs to this location over a 12 – 18 month period. This will be the Corporate Headquarters for
Caliber Home Loans.
Analysis:
This Chapter 380 Economic Development Incentive Agreement grants a cash grant of $500 per
employment position that meets the minimum salary threshold of $75,000. Caliber Home Loans
will have approximately 550 employment positions that will qualify for the cash grant.
Legal Review:
The Agreement was drafted by Pete Smith.
Fiscal Impact:
N/A
2
Recommendation:
Economic Development recommends approval.
Page 1 Economic Development Incentive Agreement
City of Coppell and Caliber Home Loans, Inc. (TM 81812)
STATE OF TEXAS §
§
COUNTY OF DALLAS §
ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT
This Economic Development Incentive Agreement (“Agreement”) is made by and between
the City of Coppell, Texas (the “City”), and Caliber Home Loans, Inc., a Delaware corporation
(“Lessee”) (each a “Party” and collectively the “Parties”), acting by and through their respective
authorized officers.
W I T N E S S E T H:
WHEREAS, Effective August 15, 2016, Lessee has leased approximately 180,000 square
feet of office space in a building located at 1525 S. Belt Line Road, Coppell, Texas (hereinafter
defined as the “Leased Premises”), for a period of at least ten (10) years (hereinafter defined as the
“Lease”); and
WHEREAS, Lessee has advised the City that a contributing factor that would induce the
Lessee to enter into the Lease and occupy the Leased Premises would be an agreement by the City
to provide an economic development grant to the Lessee as set forth herein; and
WHEREAS, the City has adopted programs for promoting economic development and
this Agreement and the economic development incentives set forth herein are given and provided
by the City pursuant to and in accordance with those programs; and
WHEREAS, the City is authorized by Article 52-a of the Texas Constitution and Chapter
380 of the Texas Local Government Code to provide economic development grants to promote
local economic development and to stimulate business and commercial activity in the City; and
WHEREAS, the City has determined that making an economic development grant to the
Lessee in accordance with this Agreement is in accordance with the City Economic Development
Program and will: (i) further the objectives of the City; (2) benefit the City and the City’s
inhabitants; and (iii) promote local economic development and stimulate business and commercial
activity in the City.
NOW THEREFORE, in consideration of the foregoing, and on the terms and conditions
hereinafter set forth, and other valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Parties agree as follows:
Article I
Term
This Agreement shall be effective on the last date of execution hereof (“Effective Date”)
and shall continue until the Expiration Date, unless sooner terminated as provided herein.
Page 2 Economic Development Incentive Agreement
City of Coppell and Caliber Home Loans, Inc. (TM 81812)
Article II
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 such
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; provided, however, “Bankruptcy or Insolvency” shall not include an event that
does not affect the Lessee’s ability to continue to make the Required Use of the Leased
Premises and otherwise to meet its obligations under this Agreement.
“City” shall mean the City of Coppell, Texas.
“Commencement Date” shall mean September 1, 2016.
“Employment Grants” shall mean economic development grants each in the amount
of Five Hundred Dollars ($500.00) for each Employment Position relocated to the Leased
Premises, or new Employment Position(s) created during any Employment Period during
the term of this Agreement, not to exceed the Maximum Employment Grant Amount, to
be paid as set forth herein. It being the intention of the Parties that Lessee shall be entitled
to an Employment Grant for each net Employment Position relocated or created and
maintained in an Employment Period from September 1, 2016 through and including
December 31, 2022, not to exceed the Maximum Employment Grant Amount.
“Employment Period” shall mean any of the consecutive twelve (12) month periods
during the term of this Agreement beginning on January 1, 2017. Notwithstanding
anything in the Agreement to the contrary, Lessee’s first Employment Period shall be from
the Commencement Date (September 1, 2016) through December 31, 2016 (“Initial
Employment Period”). Lessee may submit a Payment Request to the City for the Initial
Employment Period no later than April 30, 2017.
“Employment Positions” shall mean Lessee FTE Positions that have been relocated
or created and maintained at the Leased Premises at any time during any Employment
Period which positions have an annual salary, inclusive of payments for compensation as
salary, wages, commissions, and/or bonuses, but exclusive of benefits, of at least Seventy-
Five Thousand Dollars ($75,000.00). The number of FTE Positions during any
Employment Period shall be based on a weekly average count of Employment Positions
working at the Leased Premises during each calendar week during the respective
Employment Period.
Page 3 Economic Development Incentive Agreement
City of Coppell and Caliber Home Loans, Inc. (TM 81812)
“Expiration Date” shall mean December 31, 2022, and the occurrence of such date
shall not operate to prohibit Lessee from making a Payment Request, as hereinafter defined,
for any Employment Grant based on Employment Positions which existed in the final
Employment Period preceding the Expiration Date.
“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, government or de facto governmental action (unless caused
by the intentionally wrongful acts or omissions of the Party), fires, explosions or floods,
strikes, slowdowns or work stoppages.
“FTE Position” or “FTE” means a position filled by individuals scheduled or
expected to work at the Leased Premises for a combined total of at least 2080 hours,
including any paid time off, during an Employment Period.
“Impositions” shall mean all taxes, assessments, use and occupancy taxes, charges,
excises, license and permit fees, and other charges by public or governmental authority,
general and special, ordinary and extraordinary, foreseen and unforeseen, which are or may
be assessed, charged, levied, or imposed by any public or governmental authority on the
Lessee or any property or any business owned by Lessee within the City.
“Lease” shall mean the lease of the Leased Premises by the Lessee for a period of
not less than ten (10) years commencing on the Lease Inception Date.
“Lease Inception Date” shall mean the commencement date of the lease term under
the Lease, but no later than January 1, 2017.
“Leased Premises” shall mean shall mean approximately 180,000 square feet of
office space located at 1525 S. Belt Line Road, Coppell, Texas.
“Lessee” shall mean Caliber Home Loans, Inc., a Delaware corporation.
“Maximum Employment Grant Amount” shall mean the aggregate payment of
Employment Grants for five hundred fifty (550) Employment Positions or Two Hundred
Seventy-Five Thousand Dollars ($275,000.00).
“Payment Request” shall mean a written request from the Lessee to the City for
payment of the Employment Grants. Each Payment Request for payment of an Employment
Grant shall be accompanied by employment records and such other information as may be
reasonably requested by City to document compliance with the required Employment
Positions.
“Related Agreements” shall mean any agreement (other than this Agreement) by and
between the City and Lessee and/or any of its affiliated or related entities.
Page 4 Economic Development Incentive Agreement
City of Coppell and Caliber Home Loans, Inc. (TM 81812)
“Required Use” shall mean the continuous occupancy of the Leased Premises and
operation of the Lessee’s financial services business or general office purposes thereat.
Article III
Economic Development Grant
3.1 Employment Grant. Subject to the continued satisfaction of the terms and
conditions of this Agreement by Lessee, and the obligation of the Lessee to repay the Employment
Grants pursuant to Article V hereof, the City agrees to provide the Lessee with the Employment
Grants not to exceed the Maximum Employment Grant Amount, as set forth herein. Each
Employment Grant shall be paid within thirty (30) days after City receipt of a Payment Request
and City verification of the Employment Positions following each anniversary date from January
1, 2017. For illustration purposes only assume that as of January 1, 2018, the City has verified that
Lessee had filled and maintained two hundred (200) Employment Positions for the Employment
Period (beginning on January 1, 2017 and ending December 31, 2017) then the City would pay
Employment Grants totaling $100,000.00 ($500.00 x 200 Employment Positions). For further
illustration assume that, as of January 1, 2019, the City verified that Lessee had for the
Employment Period (beginning on January 1, 2018 and ending December 31, 2018) filled and
maintained two hundred (200) additional net Employment Positions in excess of the Employment
Positions for the first Employment Period then the City would pay Employment Grants totaling
$100,000.00 ($500.00 x 200 Employment Positions). For further illustration assume that, as of
January 1, 2020 the City verified that Lessee had for the Employment Period (beginning January
1, 2019 and ending December 31, 2019) filled and maintained two hundred (200) additional net
Employment Positions in excess of the Employment Positions for the first and second Employment
Periods then the City would pay Employment Grants totaling $75,000.00 ($500.00 x 150
Employment Positions)(total of 600 Employment Positions less the maximum of 550 Employment
Positions (Maximum Employment Grant Amount).
3.2 Grant Limitations. The City shall not be obligated to pay any commercial bank,
lender or similar institution for any loan or cr edit agreement made by the Lessee. None of the
obligations of the City under this Agreement shall be pledged or otherwise encumbered in favor
of any commercial lender and/or similar financial institution.
3.3 Current Revenue. The Grant made hereunder shall be paid solely from lawfully
available funds that have been appropriated by the City from the general funds or from such other
funds as may be set aside for such purposes consistent with Article III, Section 52(a) of the Texas
Constitution, as amended. Under no circumstances shall the City obligations hereunder be deemed
to create any debt within the meaning of any constitutional or statutory provision. Consequently,
notwithstanding any other provision of this Agreement, the City shall have no obligation or
liability to pay any Grant except as allowed by law. The City shall not be required to pay any Grant
if prohibited under federal or state legislation or a decision of a court of competent jurisdiction.
Page 5 Economic Development Incentive Agreement
City of Coppell and Caliber Home Loans, Inc. (TM 81812)
Article IV
Conditions to Employment Grant
The obligation of the City to pay the Employment Grants shall be conditioned upon the
compliance and satisfaction by the Lessee of the terms and conditions of this Agreement and each
of the conditions set forth in Article IV.
4.1 Payment Request. The Lessee shall, as a condition precedent to the payment of the
Employment Grants, provide the City with the Payment Request within 120 days following the
end of the respective Employment Period.
4.2 Good Standing. The Lessee shall not have an uncured breach or default of this
Agreement.
4.3 Employment Positions. Lessee shall maintain each Employment Position for which
and Employment grant is paid by City to Lessee during the term of this Agreement.
4.4 Required Use. During the term of this Agreement beginning on the Commencement
Date and continuing until the Expiration Date, the Leased Premises shall not be used for any purpose
other than the Required Use, and the operation of the Leased Premises in conformance with the
Required Use shall not cease for more than thirty (30) continuous days except in connection with,
and to the extent of an event of Force Majeure or Casualty.
4.5 Continuous Lease and Occupancy. The Lessee shall, beginning on the
Commencement Date and continuing thereafter until the Expiration Date, continuously lease and
occupy the Leased Premises.
4.6 Lease. The Lessee shall have entered into the Lease on or before January 1, 2017,
and the Lessee shall occupy the Leased Premises on or before January 1, 2017.
Article V
Termination
5.1 Termination. This Agreement shall terminate upon any one of the following:
(a) by written agreement of the Parties;
(b) Expiration Date;
(c) upon written notice, by either Party in the event the other Party breaches
any of the terms or conditions of this Agreement, or a Related Agreement,
and such breach is not cured within thirty (30) days after the nonbreaching
Party sends written notice to the breaching Party of such breach;
(d) upon written notice, by the City, if Lessee suffers an event of Bankruptcy
or Insolvency;
(e) upon written notice, by the City, if any Impositions owed to the City or the
State of Texas by Lessee shall become delinquent (provided, however, the
Page 6 Economic Development Incentive Agreement
City of Coppell and Caliber Home Loans, Inc. (TM 81812)
Lessee retains the right to timely and properly protest and contest any such
Impositions); or
(f) upon written notice, by either Party, if any subsequent Federal or State
legislation or any decision of a court of competent jurisdiction declares or
renders this Agreement invalid, illegal or unenforceable.
5.2 Repayment. In the event the Agreement is terminated by the City pursuant to
Section 5.1 (c) or (e), the Lessee shall immediately refund to the City an amount equal to the
Employment Grants paid by the City to the Lessee preceding the date of such termination. The
repayment obligation of Lessee set forth in this section shall survive termination.
5.3 Right of Offset. The City may, at its option, offset any amounts due and payable
under this Agreement or a Related 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, a Related Agreement or otherwise and regardless of whether or not the debt due the
City has been reduced to judgment by a court.
Article VI
Miscellaneous
6.1 Binding Agreement. The terms and conditions of this Agreement are binding upon
the successors and permitted assigns of the Parties hereto. This Agreement may not be assigned
without the express written consent of the City Manager. Notwithstanding the preceding, so long
as Lessee’s obligations under this Agreement are assumed by the surviving entity, Lessee may
assign this Agreement to an Affiliate of Lessee without the City Manager’s consent, provided,
however, Lessee shall promptly notify the City of its intent to assign the Agreement, and upon the
City’s request, execute a commercially reasonable assignment of the Agreement. “Affiliate of
Lessee” shall mean (i) any person or entity who or which controls, is controlled by, or is under
common control with Lessee, (ii) any corporation or limited liability company in which Lessee or
its corporate successors or assigns is merged or consolidated; or (iii) any corporation, limited
liability company, or partnership acquiring all or substantially all of Lessee’s assets.
6.2 Limitation on Liability. It is understood and agreed between the Parties that the
Lessee, in satisfying the conditions of this Agreement, has acted independently, and the City
assumes no responsibilities or liabilities to third parties in connection with these actions. The
Lessee agrees to indemnify and hold harmless the City from all such claims, suits, and causes of
actions, liabilities and expenses of any nature whatsoever by a third party arising out of the
Lessee’s failure to perform its obligations under this Agreement.
6.3 No Joint Venture. It is acknowledged and agreed by the Parties that the terms
hereof are not intended to and shall not be deemed to create a partnership or joint venture among
the Parties.
6.4 Authorization. Each Party represents that it has full capacity and authority to grant
all rights and assume all obligations that are granted and assumed under this Agreement.
Page 7 Economic Development Incentive Agreement
City of Coppell and Caliber Home Loans, Inc. (TM 81812)
6.5 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 if sent by courier or otherwise hand delivered.
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 Ross Tower
500 N. Akard
Dallas, Texas 75201
If intended for Lessee, to
Attn: Corporate Real Estate
Caliber Home Loans, Inc.
3701 Regent Boulevard
Irving, Texas 75063
With a copy to:
Attn: Legal
Caliber Home Loans, Inc.
3701 Regent Boulevard
Irving, Texas 75063
6.6 Entire Agreement. This Agreement is the entire Agreement between the Parties
with respect to the subject matter covered in this Agreement. There is no other collateral oral or
written Agreement between the Parties that in any manner relates to the subject matter of this
Agreement, except as provided in any Exhibits attached hereto.
6.7 Governing Law. The 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 concerning this
Agreement shall be in the State District Court of Dallas County, Texas. The Parties agree to submit
to the personal and subject matter jurisdiction of said court.
6.8 Amendment. This Agreement may only be amended by the mutual written
agreement of the Parties.
6.9 Legal Construction. 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 affect other provisions, and it is the
intention of the Parties to this Agreement that in lieu of each provision that is found to be illegal,
invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and
enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or
unenforceable.
6.10 Recitals. The recitals to this Agreement are incorporated herein.
6.11 Counterparts and Signature. This Agreement may be executed in counterparts.
Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall
Page 8 Economic Development Incentive Agreement
City of Coppell and Caliber Home Loans, Inc. (TM 81812)
constitute one and the same instrument. Facsimile, electronic, or copies of signatures are deemed
to be equivalent to original signatures for purposes of this Agreement.
6.12 Survival of Covenants. Any of the representations, warranties, covenants, and
obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period
of time following the termination of this Agreement shall survive termination. For the avoidance
of doubt, it is expressly agreed by the Parties that the right of Lessee to make any Payment Request
and the obligation of City to verify employment and pay any Employment Grant to which Lessee
may have otherwise been entitled prior to the termination of this Agreement shall survive
termination of this Agreement.
6.13 Employment of Undocumented Workers. During the term of this Agreement the
Lessee agrees not to knowingly employ any undocumented workers and, if convicted of a violation
under 8 U.S.C. Section 1324a (f), the Lessee shall repay the amount of the Employment Grant s
and any other funds received by the Lessee from the City as of the date of such violation within
120 business days after the date the Lessee is notified by the City of such violation, plus intere st
at the rate of four percent (4%) compounded annually from the date of violation until paid. The
Lessee is not liable for a violation of this section in relation to any workers employed by a
subsidiary, affiliate, or franchisee of the Lessee or by a person with whom the Lessee contracts.
6.14 Conditions Precedent. This Agreement is expressly subject to and contingent upon:
(i) the Lessee entering into the Lease on or before January 1, 2017; and (ii) the Lessee occupying
the Leased Premises on or before January 1, 2017.
[Signature page to follow]
Page 9 Economic Development Incentive Agreement
City of Coppell and Caliber Home Loans, Inc. (TM 81812)
EXECUTED on this _______ day of _____________________, 2017.
CITY OF COPPELL, TEXAS
By:
Karen Hunt, Mayor
Attest:
By:
Christel Pettinos, City Secretary
Approved as to Form:
By:
City Attorney
EXECUTED this the _________ day of ______________________, 2017.
CALIBER HOME LOANS, INC.
By:
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2016-3130
File ID: Type: Status: 2016-3130 Agenda Item Agenda Ready
1Version: Reference: In Control: Administration
12/22/2016File Created:
Final Action: MSC - 4th Amendment to Development AgreementFile Name:
Title: Discuss and consider approving the Fourth Amendment to Development
Agreement between the City of Coppell and Main Street Coppell, Ltd., and
authorize the City Manager to sign.
Notes:
Agenda Date: 01/10/2017
Agenda Number: E.
Sponsors: Enactment Date:
MSC - 4th Amendment Memo.pdf, Fourth
Amendment Agreement.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 01/10/2017City Council
Text of Legislative File 2016-3130
Title
Discuss and consider approving the Fourth Amendment to Development Agreement
between the City of Coppell and Main Street Coppell, Ltd., and authorize the City Manager
to sign.
Summary
Main Street Coppell, Ltd. has requested to purchase additional land at the northwest corner
of S. Coppell Road and Burns Street to construct an additional twelve single family homes.
The Development Agreement outlines which party is responsible for all of the development
associated with the new phase of the project.
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Page 1City of Coppell, Texas Printed on 1/6/2017
Master Continued (2016-3130)
Staff Recommendation:
Economic Development recommends approval.
Goal Icon:
Business Prosperity
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 1/6/2017
1
MEMORANDUM
To: Mayor and City Council
From: Clay Phillips, City Manager
Date: January 10, 2017
Reference: Discuss and consider approving the Fourth Amendment to Development Agreement
between the City of Coppell and Main Street Coppell, Ltd., and authorize the City
Manager to sign.
2030: Business Prosperity, Special Place to Live
Executive Summary:
Main Street Coppell, Ltd. has requested to purchase additional land at the northwest corner of S.
Coppell Road and Burns Street. This land will be used to construct twelve single family homes.
Introduction:
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 First Amendment to Development Agreement was
approved and authorized to be signed on December 13, 2011. CSE Commercial Real Estate, L.P.
assigned CSE’s interest in the Development Agreement to Main Street Coppell, Ltd. on February
22, 2012. The second amendment to the original Development Agreement was passed by City
Council on May 8, 2012. The third amendment to the Development Agreement was passed by City
Council on July 28, 2015.
Main Street Coppell, Ltd. approached the City to purchase additional land at the northwest corner of
S. Coppell Road and Burns Street. This land is being described as Phase Four land. Main Street
Coppell, Ltd. would like to purchase the land to construct twelve single family homes.
Analysis:
The fourth amendment to the Development Agreement outlines the responsibility of each party for
the development associated with Phase Four land. The Concept Plan will now show twelve single
family homes on the Phase Four land. The Main Street at Coppell development will now have
sixty-seven residential lots.
2
Legal Review:
The Amendment was reviewed by Kevin Laughlin.
Fiscal Impact:
N/A
Recommendation:
Economic Development recommends approval.
PAGE 1 FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT
(kbl:1/3/17:82557)
State of Texas §
§ Fourth Amendment to Development Agreement
County of Dallas §
This Fourth Amendment to Development Agreement (“Fourth Amendment”) is made
and entered as of the Effective Date by and between Main Street Coppell, Ltd., 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 (Company and City collectively
referred to herein as “the Parties” and separately as “Party.”).
RECITALS
WHEREAS, on or about November 29, 2010, CSE Commercial Real Estate, LP, a Texas
limited partnership (“CSE”) and Coppell Economic Development Foundation, Inc. (“CEDF”)
entered into that certain Option Agreement (“the Option Agreement”) granting to CSE an option
to purchase certain real property described in Exhibit “A-1” of the Option Agreement (the “Option
Land”); and
WHEREAS, on or about November 29, 2010, CSE and City entered that certain
Development Agreement (“the Original Development Agreement”) setting forth the agreement of
the parties regarding the development by City and CSE of the Option Land; and
WHEREAS, on or about December 21, 2011, CSE and City entered into that certain First
Amendment to Development Agreement (“the First Amendment”) amending various provisions
of the Original Development Agreement; and
WHEREAS, on or about February 22, 2012, CSE assigned CSE’s interest in the Option
Agreement and the Development Agreement to Company, to which assignment City consented;
WHEREAS, on or about May 15, 2012, Company and City entered into that certain
Second Amendment to Development Agreement (the “Second Amendment”) amending various
provisions of the Original Development Agreement; and
WHEREAS, on or about July 28, 2015, Company and City entered into that certain Third
Amendment to Development Agreement (the “Third Amendment”) amending various provisions
of the Original Development Agreement (the Original Development Agreement, as amended by
the First Amendment, the Second Amendment and the Third Amendment, is hereafter collectively
referred to as “the Development Agreement”);
WHEREAS, the City has approved amendments to the Development Agreement, the
Option Agreement and the Planned Development District Ordinance, adding the property
described on Exhibit “A” attached hereto (the “Phase Four Land”) to the Option Land and creating
certain obligations related to the Phase Four Land; and
WHEREAS, Company and City desire to make certain additional amendments to the
Development Agreement to establish certain rights and obligations related to the Phase Four Land;
PAGE 2 FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT
(kbl:1/3/17:82557)
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 capitalized words and phrases set forth in this Fourth Amendment shall have the same
meanings as set forth in the Development Agreement except as otherwise amended in this
Fourth Amendment.
2. 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 “Land” in Article II is amended to read as follows:
“Land” shall mean, collectively (i) the real property described in
Exhibit “A” and (ii) the Phase Four Land.
C. The definition of “Option Agreement” in Article II is amended to read as follows:
“Option Agreement” shall mean that certain Option Agreement by
and between the Coppell Economic Development Foundation, Inc.
(“CEDF”) and the Company dated November 29, 2010, setting forth the
terms and conditions by which the Company has the right to exercise an
option purchase the Option Land in phases, inclusive of all subsequent
amendments to the Option Agreement entered between the Company and
CEDF.
D. The definition of “Option Land” as set forth in Article II is amended to read in its
entirety as follows:
“Option Land” shall mean (i) the real property described in Exhibit
“A-1” and (ii) the Phase Four Land; provided, however, if the real property
described in Exhibit “A-1” and/or the Phase Four Land is replatted in
accordance with City’s subdivision regulations, the description of the
Option Land shall be deemed to be amended to conform to the lot and block
designations set forth in the final plat of such replatted portion of the Option
Land without the necessity of execution of a written amendment to this
Agreement.
E. Article I is amended to add the definitions for the phrases “Phase Four Land” and
“Temporary Construction Easement” to read as follows:
“Phase Four Land” the real property to be described as Lot 1X and
Lots 14R through 25R, Block G, Replat Old Town Addition, an addition to
the City of Coppell, Dallas County, Texas, according to the proposed replat
PAGE 3 FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT
(kbl:1/3/17:82557)
to be recorded in the Map Records of Dallas County, Texas, said lots being
depicted in Exhibit “A-2,” attached hereto and incorporated herein by
reference
“Temporary Construction Easement” means that certain Temporary
Construction Easement” between City and Company recorded May 4, 2012,
as Instrument No. 201200128407 in the Official Public Records, Dallas
County, Texas.
F. The definition of “Planned Development District Ordinance” as set forth in Article
II is amended to read in its entirety as follows:
“Planned Development District Ordinance” shall mean the planned
development zoning ordinance governing the development of the Land,
including any amendments thereto enacted subsequent to the Effective
Date.
G. The phrase “fifty-five (55)” wherever it appears in the Development Agreement is
amended to read “sixty-seven (67)”.
H. Add a new Article VII-A titled “Phase Four Project” to read as follows:
Article VII-A
Phase Four Project
City and Company agree that the Phase Four Land shall be
developed subject to the following terms and conditions.
1. City agrees to design and construct and/or install, at City’s initial
expense: (i) the “couplet” street and related parking spaces, (ii) a
median on Burns Street, (iii) street lights substantially matching
those elsewhere in the Project, and (iv) water lines and related taps
to serve the proposed lots within the Phase Four Land (collectively,
the “City Phase Four Work”) substantially as shown on the site plan
attached hereto as Exhibit “D”(“the Phase Four Site Plan”).
2. Company shall, at Company’s expense, prepare and submit to City
an application for a replat of the Phase Four Land substantially
consistent with the layout of lots set forth on the Phase Four Site
Plan (the “Phase Four Plat”). City agrees to sign such application
as owner of the Phase Four Property if City is the owner of the Phase
Four Property at the time the application for replat is submitted to
City and to reasonably cooperate in the prosecution of said
application for replat. City agrees to approve the replat of the Phase
Four Property provided the application for replat and all related
PAGE 4 FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT
(kbl:1/3/17:82557)
drawings are complete and otherwise comply with City’s applicable
subdivision regulations.
3. Notwithstanding anything contained in Paragraph 2 above to the
contrary, prior to commencing the City Phase Four Work, City shall
seek approval from Company of the design plans for the City Phase
Four Work (the “City Design Plans”) and a change order to the
City’s contract for the re-construction of Burns Street providing a
fixed cost for completion of the City Phase Four Work substantially
as set forth in Exhibit “E” attached hereto (the “Change Order”). If
Company does not approve the City Design Plans and the Change
Order within ten (10) days following submission to Company, City
shall have no obligation to perform the City Phase Four Work and
Company shall have the option of either (i) terminating this Fourth
Amendment and related Third Amendment to the Option
Agreement, or (ii) performing the City Phase Four Work at its own
cost (but Company shall receive a $55,700 credit at the Closing on
the Phase Four Purchase Price of the Phase Four Land) in
accordance with the City Design Plans No material changes shall be
made in the design of the City Phase Four Work without the
approval of City and Company, which shall not be unreasonably
delayed or denied.
4. If City performs the City Phase Four Work, Company agrees to
reimburse City for the entire cost of the City Phase Four Work less
the sum of $55,700. Company shall pay such sum to City not later
than ten (10) days following receipt of written notice from City
certifying that the City Phase Four Work is Substantially Complete
and accompanied by supporting invoices confirming the cost of the
City Phase Four Work.
5. Subject to Events of Force Majeure, no later than October 1, 2017,
Company shall cause the Phase Four Land to be developed into
residential lots, including the common area lots, in accordance with
the Phase Four Plat (the “Company Phase Four Work”). Company
shall also install landscaping within the City right of way and
medians within the Phase Four Land at Company’s cost. If City
does not perform the City Phase Four Work, Company shall also
cause the City Phase Four Work to be completed in accordance with
the City Design Plans. The work described in this Paragraph 5 shall
include the extension of the sewer line from the adjacent alley and
installation of taps for each residential lot.
6. At or prior to the re-sale of any portion of the Phase Four Land by
City to Coppell Economic Development Corporation (“CEDC”) for
resale to Company, Company shall add to the Covenants the Phase
PAGE 5 FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT
(kbl:1/3/17:82557)
Four Land or portion thereof being sold and amend the Covenants
to provide that the property owners association established under the
Covenants assume responsibility for the maintenance of the
common area lots shown on the Phase Four Plat and the portion of
the median along Burns Street adjacent to the Phase Four Land.
7. Concurrently with the Closing on the first sale of any portion of the
Phase Four Property to Company pursuant to the Option Agreement,
Company and City agree to amend the Shared Parking Agreement
to incorporate the parking spaces adjacent to the Phase Four Land to
the coverage of the Shared Parking Agreement.
8. Company and City agree to amend the Temporary Construction
Easement to incorporate the Phase Four Land and the remainder of
Lot 1, Block G, Old Town Addition owned by City and not included
within the Phase Four Land.
9. City agrees that so long any townhomes constructed on the Phase
Four Land contain the same noise mitigation features as those
incorporated into the existing adjacent townhomes, no new noise
mitigation requirements will be imposed by the City, including
additional studies or construction features. To the extent not in
conflict with the foregoing sentence, the Replat of the Phase Four
Land shall be subject to Section 6.5.
10. For purposes of clarification, all of the City Phase Four Work
(regardless of who performs the City Phase Four Work) and the
sewer lines and taps installed by Company shall be considered
Public Infrastructure.
I. Add a new Exhibit “A-2” titled “Phase Four Land Depiction,” Exhibit “D” titled
“Phase Four Site Plan,” and Exhibit “E” titled “Change Order” as set forth in
Attachments 1, 2, and 3, hereto, and incorporated herein by reference.
3. Except as otherwise amended by this Fourth Amendment, the Development Agreement
remains in full force and effect.
4. This Fourth Amendment shall become effective on the date it is signed by authorized
representatives of the parties hereto (“the Effective Date”).
[Signature Pages Follow]
PAGE 6 FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT
(kbl:1/3/17:82557)
SIGNED AND AGREED this ___ day of _________________, 2017.
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 ___ day of _________________, 2017.
MAIN STREET COPPELL, LTD.,
a Texas limited partnership
By: CSE-PROVIDENT, LLC
a Texas limited liability company,
its General Partner
By:
Charles Cotten, Manager
PAGE 1 ATTACHMENT 1 TO FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT
(kbl:1/3/17:82557)
Attachment 1
EXHIBIT A-2
DEPICTION OF PHASE FOUR LAND
PAGE 1 ATTACHMENT 2 TO FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT
(kbl:1/3/176:82557)
Attachment 2
EXHIBIT D
PHASE FOUR SITE PLAN
PAGE 1 ATTACHMENT 3 TO FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT
(kbl:1/3/17:82557)
Attachment 3
EXHIBIT E
CHANGE ORDER
PAGE 2 ATTACHMENT 3 TO FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT
(kbl:1/3/17:82557)
PAGE 3 ATTACHMENT 3 TO FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT
(kbl:1/3/17:82557)
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2016-3131
File ID: Type: Status: 2016-3131 Agenda Item Agenda Ready
1Version: Reference: In Control: Administration
12/22/2016File Created:
Final Action: MSC - 3rd Amendment to Option AgreementFile Name:
Title: Discuss and consider approving a Third Amendment to Option Agreement
between the City of Coppell and Main Street Coppell, Ltd., and authorizing
the City Manager to sign.
Notes:
Agenda Date: 01/10/2017
Agenda Number: F.
Sponsors: Enactment Date:
Third Amendment to Option Memo.pdf, Third
Amendement to Option Agreement.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 01/10/2017City Council
Text of Legislative File 2016-3131
Title
Discuss and consider approving a Third Amendment to Option Agreement between the City
of Coppell and Main Street Coppell, Ltd., and authorizing the City Manager to sign.
Summary
Main Street Coppell, Ltd. is purchasing land located at the northwest corner of S. Coppell
Road and Burns Street to construct an additional twelve single family homes. The Option
Agreement defines the land included in the purchase and the purchase terms.
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Staff Recommendation:
Page 1City of Coppell, Texas Printed on 1/6/2017
Master Continued (2016-3131)
Economic Development recommends approval.
Goal Icon:
Business Prosperity
Special Place to Live
Page 2City of Coppell, Texas Printed on 1/6/2017
1
MEMORANDUM
To: Mayor and City Council
From: Clay Phillips, City Manager
Date: January 10, 2017
Reference: Discuss and consider approving a Third Amendment to Option Agreement between
the City of Coppell and Main Street Coppell, Ltd., and authorizing the City Manager
to sign.
2030: Business Prosperity, Special Place to Live
Executive Summary:
Main Street Coppell, Ltd. has requested to purchase additional land at the northwest corner of S.
Coppell Road and Burns Street. This land will be used to construct twelve single family homes.
Introduction:
City Council approved and authorized the City Manager to sign an Option 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 29, 2010. The First Amendment to Option Agreement was approved
and authorized to be signed on December 21, 2011. CSE Commercial Real Estate, L.P. assigned
CSE’s interest in the Development Agreement to Main Street Coppell, Ltd. on February 22, 2012.
The second amendment to the original Option Agreement was passed by City Council on July 28,
2015.
Main Street Coppell, Ltd. approached the City to purchase additional land at the northwest corner of
S. Coppell Road and Burns Street. This land is being described as Phase Four land. Main Street
Coppell, Ltd. would like to purchase the land to construct twelve single family homes.
Analysis:
The third amendment to the Option Agreement details the purchase terms for the Phase Four land.
Main Street Coppell, Ltd. will purchase the land for $325,000.
Legal Review:
The Amendment was reviewed by Kevin Laughlin.
2
Fiscal Impact:
N/A
Recommendation:
Economic Development recommends approval.
PAGE 1 THIRD AMENDMENT TO OPTION AGREEMENT
(kbl:1/5/17:82558)
State of Texas §
§ Third Amendment to Option Agreement
County of Dallas §
This Third Amendment to Option Agreement (“Third Amendment”) is made and
entered into as of the Effective Date by and between Main Street Coppell, Ltd., a Texas limited
partnership (successor by assignment to CSE Commercial Real Estate, LP, a Texas limited
partnership) (the “Company”), and the Coppell Economic Development Foundation, Inc., a
Texas nonprofit corporation (the “CEDF”) acting by and through their authorized representatives
(CEDF and Company collectively referred to herein a “the Parties” or individually as “Party.”).
RECITALS
WHEREAS, on or about November 29, 2010, Company and CEDF entered 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, on or about December 21, 2011, CSE and CEDF entered into that certain
First Amendment to Option Agreement (“the First Amendment”) amending various provisions of
the Option Agreement; and
WHEREAS, on or about February 22, 2012, CSE assigned CSE’s interest in the Option
Agreement to Company, to which assignment City consented; and
WHEREAS, on or about July 28, 2015, CSE and CEDF entered into that certain Second
Amendment to Option Agreement (“the Second Amendment”) amending various provisions of the
Option Agreement (the Original Option Agreement, as amended by the First Amendment and the
Second Amendment, is hereafter collectively referred to as “the Option Agreement”); and
WHEREAS, the City has approved further amendments to the Development Agreement,
the Option Agreement and the Planned Development District Ordinance, adding the property
described on Exhibit “A-2” attached hereto (the “Phase Four Land”) to the Option Land and
creating certain obligations related to the Option Land; and
WHEREAS, Company and CEDF desire to make certain additional amendments to the
Option Agreement to establish certain rights and obligations related to the Phase Four Land;
NOW, THEREFORE, for and in consideration of the mutual covenants, conditions, and
promises made one to the other, Company and CEDF agree as follows:
1. The capitalized words and phrases set forth in this Third Amendment shall have the same
meanings as set forth in the Option Agreement except as otherwise amended in this Third
Amendment.
2. The Option Agreement shall be amended as follows:
PAGE 2 THIRD AMENDMENT TO OPTION AGREEMENT
(kbl:1/5/17:82558)
A. The definition of “Development Agreement” as set forth in Article I is amended to
read in its entirety as follows:
“Development Agreement” shall mean that certain Development
Agreement by and between Company and the City dated of approximate
even date herewith, and any subsequent amendments thereto between
Company and the City.
B. The definition of “Expiration Date” as set forth in Article I is amended to read in
its entirety as follows:
“Expiration Date” shall mean December 20, 2019.
C. The definition of “Option Land” as set forth in Article I is amended to read in its
entirety as follows:
“Option Land” shall mean (i) the real property described in Exhibit
“A-1” and (ii) the Phase Four Land; provided, however, if the real property
described in Exhibit “A-1” and/or the Phase Four Land is replatted in
accordance with City’s subdivision regulations, the description of the
Option Land shall be deemed to be amended to conform to the lot and block
designations set forth in the final plat of such replatted portion of the Option
Land without the necessity of execution of a written amendment to this
Agreement.
D. Article I is amended to add the definition of the phrase “Phase Four Land” to read
as follows:
“Phase Four Land” means the real property to be described as Lot
1X and Lots 14R through 25R, Block G, Replat Old Town Addition, an
addition to the City of Coppell, Dallas County, Texas, according to the
proposed replat to be recorded in the Map Records of Dallas County, Texas,
said lots being depicted in Exhibit “A-2,” attached hereto and incorporated
herein by reference.
E. Article I is amended to add the definition of the phrase “Phase Four Option Fee” to
read as follows:
“Phase Four Option Fee” shall mean the sum of TWENTY-FIVE
THOUSAND DOLLARS ($25,000.00) to be paid by Company to the
CEDF as independent consideration for the Option with respect to the Phase
Four Land as set forth herein. The Phase Four Option Fee shall be credited
against the Phase Four Purchase Price of the Phase Four Land as provided
in Section 3.7(f) below.
PAGE 3 THIRD AMENDMENT TO OPTION AGREEMENT
(kbl:1/5/17:82558)
F. Article I is amended to add the definition of the phrase “Phase Four Purchase Price”
to read as follows:
“Phase Four Purchase Price” shall mean a total purchase price for
the Phase Four Land of Three Hundred Twenty-Five Thousand and No/100
Dollars ($325,000.00).
G. The phrase “fifty-five (55)” wherever it appears in the Option Agreement is
amended to read “sixty-seven (67)”.
H. Section 2.1 is amended to read as follows:
2.1 Option Fee. Except as otherwise provided in Sections 3.2(c) and
4.3(b) of this Agreement or in the Development Agreement, the Option Fee and
Phase Four Option Fee are non-refundable. Company shall pay the Option Fee and
Phase Four Option Fee to CEDF as follows:
(a) $50,000.00 to be paid upon the Effective Date;
(b) $200,000.00 to be paid not later than the earlier of:
(1) Closing on the purchase of the Phase One Property;
and
(2) The third (3rd) business day following the end of the
Inspection Period;
(c) The Phase Four Option Fee not later than the third (3rd)
business day following the effective date of the Third Amendment to this
Agreement.
Each installment of the Option Fee and the Phase Four Option Fee must be paid by
certified or cashier’s check made payable to CEDF, or wired directly to an account
designated by CEDF.
I. The first phrase of Section 2.2 is amended to read as follows:
“In consideration of payment of the Option Fee and the Phase Four
Option Fee,...”
J. A new Section 2.6 is added to read as follows:
2.6 Exercise of Option on Phase Four Land. Company shall
be obligated to exercise the Option with respect to the Phase Four Land not
later than the tenth (10th) day following the later of (i) the date on which
CEDF or the City notifies Company in writing that the City Phase Four
PAGE 4 THIRD AMENDMENT TO OPTION AGREEMENT
(kbl:1/5/17:82558)
Work (as defined in the Development Agreement) is Substantially
Complete, and (ii) the earlier of (y) completion by Company of the
Company Phase Four Work (as defined in the Development Agreement)
and (z) 180 days following the effective date of the Third Amendment to
this Agreement. Company must exercise the Option as to all of the Phase
Four Land in a single exercise of the Option and close on the purchase of
all of the Phase Four Land in a single closing.
K. A new Section 3.13 is added to read as follows:
3.13 Purchase of Phase Four Land. Solely with respect to the purchase
of the Phase Four Land, the provisions of this Article III are modified as follows:
(a) The deadline for delivering to the Company the information and
documents described in Section 3.2(a) shall be thirty (30) days after
the effective date of the Third Amendment to this Agreement;
(b) Section 3.2(c) shall only apply to a refund of the Phase Four Option
Fee;
(c) The insured amount of the title policy under Section 3.3 shall be
equal to the Phase Four Purchase Price;
(d) The Closing Date as provided in Section 3.7(a) shall be not later than
the twentieth (20th) day following delivery of the Option Notice to
CEDF, but in no case later than the Expiration Date;
(e) The phrase “Purchase Price” in Section 3.7(b) shall be read as
“Phase Four Purchase Price”;
(f) Section 3.7(e) shall not be applicable; provided, however, the Phase
Four Option Fee shall be credited to the Phase Four Purchase Price;
(g) Notwithstanding anything in Section 3.8(e) or Section 3.9(b) to the
contrary, Company shall pay all fees and premiums for the Basic
Owner’s Title Policy with respect to the purchase of the Phase Four
Land;
(h) Notwithstanding anything to the contrary in Section 3.12, the
Company’s exercise of the Option with respect to the Phase Four
Land shall be deemed a representation by the Company that the
Company has completed all inspections of the Phase Four Land to
which it is entitled to make pursuant to Section 3.12 and is accepting
the Phase Four Land “as is” pursuant Section 3.12 such that there
will be no period of time to conduct inspections after the exercise of
the Option with respect to the Phase Four Land.
PAGE 5 THIRD AMENDMENT TO OPTION AGREEMENT
(kbl:1/5/17:82558)
M. Section 5.1 is amended by requiring notices be sent to Kevin B. Laughlin in lieu of
Peter G. Smith as follows:
Kevin B. Laughlin
Nichols, Jackson, Dillard, Hager & Smith, LLP
500 N. Akard, Suite 1800
Dallas, Texas 75201
Telephone: (214) 965-9900
Fax: (214) 965-0010
Email: klaughlin@njdhs.com
N. Add a new Exhibit “A-2” titled “Depiction of Phase Four Land” to read as set forth
in Attachment 1, attached hereto and incorporated herein by reference.
3. Except as otherwise amended by this Third Amendment, the Option Agreement remains in
full force and effect.
4. This Third Amendment shall become effective on the date it is signed by authorized
representatives of the Parties (“the Effective Date”).
(Signatures on Following Page)
PAGE 6 THIRD AMENDMENT TO OPTION AGREEMENT
(kbl:1/5/17:82558)
SIGNED AND AGREED this the _______ day of ___________, 2017.
Coppell Economic Development Foundation, Inc.
By: ______________________________________
Jeff Varnell, President
SIGNED AND AGREED this the ________ day of ___________, 2017.
MAIN STREET COPPELL, LTD.,
a Texas limited partnership
By: CSE-PROVIDENT, LLC
a Texas limited liability company,
its General Partner
By: ______________________________
Charles Cotten, Manager
PAGE 1 ATTACHMENT 1 TO THIRD AMENDMENT TO OPTION AGREEMENT
(kbl:1/5/17:82558)
Attachment 1
EXHIBIT A-2
DEPICTION OF PHASE FOUR LAND
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2017-3134
File ID: Type: Status: 2017-3134 Agenda Item Consent Agenda
1Version: Reference: In Control: City Secretary
12/28/2016File Created:
Final Action: Sign OrdinanceFile Name:
Title: Consider approval of an Ordinance of the City of Coppell, Texas,
amending Chapter 6 “Business Regulations,” Article 6-15 “Temporary
Signs”; and authorizing the Mayor to sign.
Notes:
Agenda Date: 01/10/2017
Agenda Number: G.
Sponsors: Enactment Date:
Ordinance .pdfAttachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 01/10/2017City Council
Text of Legislative File 2017-3134
Title
Consider approval of an Ordinance of the City of Coppell, Texas, amending Chapter 6
“Business Regulations,” Article 6-15 “Temporary Signs”; and authorizing the Mayor to sign.
Summary
Fiscal Impact:
Staff Recommendation:
Approval recommended.
Goal Icon:
Sustainable City Government
Page 1City of Coppell, Texas Printed on 1/6/2017
Master Continued (2017-3134)
Business Prosperity
Community Wellness and Enrichment
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 1/6/2017
City of Coppell Ordinance Pg 1 TM 81100
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 6
“BUSINESS REGULATIONS”, ARTICLE 6-15 “TEMPORARY SIGNS”,
SECTION 6-15-2 “DEFINITIONS”; PROVIDING FOR A NEW DEFINITION
FOR ‘PUBLIC PROPERTY’; BY AMENDING CHAPTER 6 “BUSINESS
REGULATIONS”, ARTICLE 6-15 “TEMPORARY SIGNS”, SECTION 6-15-
3 “NONCONFORMING SIGNS” TO “SIGNS” AND BY AMENDING
SUBSECTION (A); BY AMENDING SECTION 6-15-4 “PERMIT
PROCEDURES AND FEES”, BY ADDING SUBSECTION 4; BY ADDING
TWO NEW SECTIONS 6-15-7 “POLITICAL SIGNS” AND 6-15-8 ‘SIGN
ZONES” TO ARTICLE 6-15 “TEMPORARY SIGNS”; PROVIDING A
SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY 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 of Coppell Code of Ordinances provides regulations and standards for
the erection and maintenance of temporary private signs;
WHEREAS, the City of Coppell desires to add the definition of ‘Public Property’ to the Code
of Ordinances; and
WHEREAS, the City of Coppell finds that the signs regulations should be updated and further
defined so as to protect the public health, safety, and general welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That Chapter 6, Business Regulations, Article 6-15, Temporary Signs,
Section 6-15-2 Definitions of the Coppell Code of Ordinances, is hereby amended to add a
definition of “Public Property”, which shall herein read as follows:
“CHAPTER 6 - BUSINESS REGULATIONS
ARTICLE 6-15. TEMPORARY SIGNS
….
Sec. 6-15-2- Definitions.
…..
Public Property means any property owned or under the control of the City of
Coppell Texas, including but not limited, Town Center, Town Center Annex, all
public parks, City Service Center, Municipal Court and Police Complex, Fire
City of Coppell Ordinance Pg 2 TM 81100
Stations, performing arts center, old Town Square and any other right-of-way,
easement or licensed premises.
…..”
SECTION 2. That Chapter 6, Business Regulations, Article 6-15, Temporary Signs,
Section 6-15-3 Nonconforming Signs of the Coppell Code of Ordinances, is hereby amended,
which shall herein read as follows:
“CHAPTER 6 – BUSINESS REGULATIONS
ARTICLE 6-15. TEMPORARY SIGNS
…..
Sec. 6-15-3. Signs
It is declared purpose of this section that in time all temporary signs shall
either conform to the provisions of this section or be removed. By the passage of
this ordinance and its amendments, no presently illegal sign shall be deemed to
have legalized unless such sign complies with all current standards under the terms
of this article and all other ordinances of the city. Any sign which does not conform
to all provisions of this article shall be a prohibited sign.
(A) No person may place, erect, or otherwise maintain any sign, as
defined herein, either prior to or after the adoption of this ordinance,
except as permitted in this article or under the Chapter 12, and, on
any private property such sign in violation of this article, same shall
be construed as a public nuisance and the city may, without notice,
remove and destroy any such sign, except as provided herein.
(B) Public Property: no person may cause, permit, suffer or allow any
sign, as defined herein, except as permitted in this article on any
public property and, such signs shall be constructed.
…..”
SECTION 3. That Chapter 6, Business Regulations, Article 6-15, Temporary Signs,
Section 6-15-4. Permit procedures and fees of the Coppell Code of Ordinances, is hereby amended,
which shall herein read as follows:
“CHAPTER 6 – BUSINESS REGULATIONS
ARTICLE 6-15. TEMPORARY SIGNS
…..
Sec. 6-15-4. Permit procedures and fees.
City of Coppell Ordinance Pg 3 TM 81100
1. Permits: No person shall erect, construct, relocate, alter, or repair any on
premise or off-premise on any property except as authorized or permitted
under this Article. All signs permitted under this article shall not be placed,
erected or maintained unless a permit is issued in accordance with this
chapter, except as otherwise provided in this section. This section does not
apply to government signs.
…..
4. Any permanent sign placed, erected or maintained are exempt from this
Article.
…..”
SECTION 4. That Chapter 6, Business Regulations, Article 6-15, Temporary Signs,
Section 6-15-7. Provisions for temporary off-premises signs of the Coppell Code of Ordinances,
is hereby added, which shall herein read as follows:
“CHAPTER 6 – BUSINESS REGULATIONS
ARTICLE 6-15. TEMPORARY SIGNS
…..
Sec. 6-15-7. Political Signs and Polling Places
1. Political signs:
(A) Political signs on private property are exempt from the provisions of this
article if it:
i. Does not have an effective area greater than 36 square feet;
ii. Is eight feet or less in height;
iii. Is not illuminated; or
iv. Does not have any moving elements.
(B) Real estate signs: Real estate agents or homeowners may erect on private
or public right-of-way, as measured and configured in accordance with
Figure 1* hereof, temporary off-premises signs which are only directional
and only refer to open houses within the city. Signs may contain only a
directional arrow and the words “OPEN HOUSE”. Such signs shall be
erected only between the hours of 6:00 p.m. Thursday and 10:00 p.m.
Sunday. Signs shall not exceed two square feet in effective area or 36
inches in height, as measured from grade. Signs may be placed within the
public right-of-way provided that they do not project out over the street or
sidewalk. Signs must be placed within a sign zone described by section 6-
15-8, Sign Zone, of this article, if such a sign zone is available at the
location. No sign shall be allowed within any street median or attached to
any tree, public utility pole, street sign, traffic control sign or devise or
other sign. No permit or fee is required.
City of Coppell Ordinance Pg 4 TM 81100
2. Electioneering at polling locations.
(A) Definitions. The following words and phrases as used in this article shall
have the meanings as set forth in this section:
Electioneering shall mean the posting, use, or distribution of political signs
or literature, including the use of tents, chairs, booths, tables or other
furniture or devices to post, use or distribute political signs or literature.
Voting period shall mean the period each day beginning the hour the polls
are open for voting and ending when the polls close or the last voter has
voted, whichever is later on Election Day and early voting days.
ii. Regulations and exceptions.
a. The following regulations apply to electioneering on
the premises of public property during the voting
period:
1. It is an offense for any person to leave any
electioneering sign or literature on public property
that is used as a polling place other than during the
voting period and for 30 minutes before and after
the voting period.
2. It is an offense for any person to engage in
electioneering on driveways of the premises of a
polling location. This restriction shall not apply to
electioneering signs that are attached to vehicles
that are lawfully parked at the premises of a polling
location.
3. It is an offense for any person to attach, place or
otherwise affix any electioneering sign, literature
or material to any building, tree, shrub, pole or
other improvement on public property used as a
polling location.
4. It is an offense for any person to place any
electioneering sign or literature within 25 feet of
the public road way adjacent to the public property
where a polling location is located.
5. It is an offense for any person to place an
electioneering sign on the premises that exceeds 36
square feet and is more than eight feet in height,
including any supporting poles.
6. In addition to imposing any criminal penalty,
electioneering sign(s) located in violation of this
section may be removed and disposed of by the
entity in control of the public property.
City of Coppell Ordinance Pg 5 TM 81100
7. The authority to conduct electioneering on public
property under this article is limited to the property
on the premises where the voting is conducted only
for the voting period.
SECTION 5. That Chapter 6, Business Regulations, Article 6-15, Temporary Signs,
Section 6-15-8. Sign zones of the Coppell Code of Ordinances, is hereby added, which shall herein
read as follows:
“CHAPTER 6 – BUSINESS REGULATIONS
ARTICLE 6-15. TEMPORARY SIGNS
…..
Sec. 6-15-8. Sign zones
(A) Now hiring signs: Businesses may erect one temporary off-premises sign
which lists the business name and “Now Hiring” in black lettering on a white
background. Such signs shall:
i. Be located along the nearest thoroughfare as indicated on
the most recently approved City of Coppell Major
Thoroughfare Plan.
ii. Not exceed 18-inches x 24-inches in total sign panel area.
(B) Illegal signs: All signs not authorized by this article shall be removed by
the city manager or designee, and shall impose a fee established by
resolution of the city council, for such removal.
SECTION 6. 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 7. 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.
City of Coppell Ordinance Pg 6 TM 81100
SECTION 8. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Code of Ordinances, 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 or of the Code of Ordinances, as amended hereby, shall be guilty of a misdemeanor
and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be subjected to a fine
not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day
such violation is continued 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 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
___________________, 2016.
APPROVED:
_____________________________________
KAREN SELBO HUNT
ATTEST:
___________________________________
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
________________________________
CITY ATTORNEY
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER
6 “BUSINESS REGULATIONS”, ARTICLE 6-15 “TEMPORARY SIGNS”,
SECTION 6-15-2 “DEFINITIONS”; PROVIDING FOR A NEW
DEFINITION FOR ‘PUBLIC PROPERTY’; BY AMENDING CHAPTER 6
“BUSINESS REGULATIONS”, ARTICLE 6-15 “TEMPORARY SIGNS”,
SECTION 6-15-3 “NONCONFORMING SIGNS” TO “SIGNS” AND BY
AMENDING SUBSECTION (A); BY AMENDING SECTION 6-15-4
“PERMIT PROCEDURES AND FEES”, BY ADDING SUBSECTION 4; BY
ADDING TWO NEW SECTIONS 6-15-7 “POLITICAL SIGNS” AND 6-15-8
‘SIGN ZONES” TO ARTICLE 6-15 “TEMPORARY SIGNS”; PROVIDING
A SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY 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.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day
of ___________________, 2016.
APPROVED:
_____________________________________
KAREN SELBO HUNT
ATTEST:
_____________________________________
CHRISTEL PETTINOS, CITY SECRETARY
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2017-3137
File ID: Type: Status: 2017-3137 Agenda Item Agenda Ready
1Version: Reference: In Control: Engineering
01/03/2017File Created:
Final Action: Annual Sidewalk, Street & AlleyFile Name:
Title: Consider approval of award for annual sidewalk, street & alley pavement
repair program; in the total amount of $1,250,000.00, split between F&F
Concrete, LLC & NPL Construction Company; as budgeted in the
Infrastructure Maintenance Fund; and authorize the City Manager to sign
any necessary documents.
Notes:
Agenda Date: 01/10/2017
Agenda Number: H.
Sponsors: Enactment Date:
Annual Street, Alley and Sidewalk Memo.pdf, Street,
Alley and Sidewalk Exhibit.pdf, Contract Award Split
Calcs - F&F.pdf, Contract Award Split Calcs -
NPL.pdf, Sidewalks Bid Tab Verification.pdf, F&F Bid
Document.pdf, NPL Bid Document.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 01/10/2017City Council
Text of Legislative File 2017-3137
Title
Consider approval of award for annual sidewalk, street & alley pavement repair program; in
the total amount of $1,250,000.00, split between F&F Concrete, LLC & NPL Construction
Company; as budgeted in the Infrastructure Maintenance Fund; and authorize the City
Manager to sign any necessary documents.
Summary
Fiscal Impact:
Page 1City of Coppell, Texas Printed on 1/6/2017
Master Continued (2017-3137)
Funds have been budgeted in the Infrastructure Maintenance Fund for this project.
Staff Recommendation:
The Engineering Department recommends approval.
Goal Icon:
Sustainable City Government
Business Prosperity
Community Wellness and Enrichment
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 1/6/2017
1
MEMORANDUM
To: Mayor and City Council
From: Ken Griffin, P.E., Director of Engineering and Public Works
Date: January 10, 2017
Reference: Annual Sidewalk, Street & Alley Pavement Repair Contract
2030: Sustainable City Government, Goal 3
Excellent and Well-maintained City Infrastructure and Facilities
General Information:
The budget amount is $1,250,000.00.
The project will be awarded to two separate contractors.
The first contractor will service the area east of Denton Tap with 60% of the budget.
The second contractor will service the area west of Denton Tap with 40% of the budget.
The contractors will have a 1-year renewable contract for up to 5 years.
Introduction:
This agenda item is being presented for approval of awarding a contract to two separate contractors
with each performing a share of our yearly sidewalk, street & alley pavement repair program.
Analysis:
In order to provide well-maintained City infrastructure, our concrete sidewalks, streets and alleys
require ongoing maintenance and repair. Preventative maintenance and repair work will extend the
life of the concrete paving.
To increase the level of proactive maintenance and decrease the repair “down” time for resident
requested repairs, a bid package was assembled to encompass sidewalks, alleys and streets. This
should allow the contractor to service all concrete issues in one location with a single mobilization,
to reduce resident inconvenience and increase contractor efficiency.
Additionally, to ensure full coverage of the City in all concrete scopes of work, two contracts will
be awarded for the same bid package. The two contractors were selected through the competitive
low bid process (see attached bid tab). F&F Concrete was low bid and NPL Construction Company
was second lowest bid. The thought process behind awarding two bids was to ensure adequate
resources to complete all repairs in a timely manner. Approximately $500,000 of the total project
2
will be for ADA improvements identified in the ADA Self Evaluation & Transition Plan presented
to City Council on September 13, 2016.
F&F Concrete will be awarded 60% of the project value to correspond to the area east of Denton
Tap. NPL Construction will be awarded 40% of the project value to correspond to the area west of
Denton Tap.
2016‐2017 Street, Alley, Sidewalk & Ramps
Primary
(60%)
Secondary
(40%)
Available Funds F&F NPL
Street & Alley Repair $500,000.00 $300,000.00 $200,000.00
Sidewalks $250,000.00
ADA Improvements $500,000.00
Combined
Sidewalk/ADA $750,000.00 $450,000.00 $300,000.00
Total Funds $1,250,000.00 $750,000.00 $500,000.00
Legal Review:
The Purchasing Department has reviewed the documents and determined that this is an appropriate
method of contracting with this firm.
Fiscal Impact:
The fiscal impact of this agenda item is $1,250,000.00.
Recommendation:
The Engineering Department recommends approval of the contract with F&F Concrete for
$750,000.00 and NPL Construction Company for $500,000.00.
2B
3A
2A
1A4A
4B
1C
1B
SECOND
CONTRACTOR- NPL
Construction
FIRST
CONTRACTOR- F&F
Concrete
Texas Parks & Wildlife, Esri, HERE, DeLorme, INCREMENT P, Intermap, USGS, EPA, USDA
F
Repair Grid Map
Street, Alley, and Sidewalk
City of Coppell
Created by Kevin R.
January 3, 2017
Testing - City Assett Repair Grid
Created in ArcGIS Pro version 1.3
SANDY LAKE RD
SANDY LAKE RD DENTON TAP RDBELT LINE RDMOORE RDMACARTHUR BLVDSAMUEL BLVDSOUTHWESTERN BLVDSH 121SH 12
1
BELT LIN
E
R
D
2016‐2017 Street, Alley, Sidewalk & Ramps
Contractor F&F
Total Contract $750,000.00
Street & Alley $300,000.00
Sidewalk & ADA $450,000.00
Total $750,000.00
F&F BID SUMMARY
Item # Item Description Unit
Unit
Rate
1 Remove 6" to 811 thick
reinforced concrete 0-50
s.y.
SY $ 27.00
2 Remove 6" to 811 thick
reinforced concrete 51-250
s.y.
SY $ 26.50
3 Remove 6" to 8" thick
reinforced concrete 251 +
s.y.
SY $ 26.00
4 Remove 9" to 10" thick
reinforced concrete 0 - 50
s.y.
SY $ 28.50
5 Remove 9" to 10" thick
reinforced concrete 51- 250
s.y.
SY $ 27.50
6 Remove 9" to 10" thick
reinforced concrete 251+
s.y.
SY $ 26.50
7 Remove 611 to 8" thick
reinforced concrete alley 0 -
50 s.y.
SY $ 28.50
8 Remove 611 to 8" thick
reinforced concrete alley 51 -
250 s.y.
SY $ 27.50
9 Remove 6" to 811 thick
reinforced concrete alley
251+ s.y.
SY $ 26.50
7 Remove 4" to 5" concrete
sidewalk 0-50 s.y.
SY $ 19.50
8 Remove 4" to 5" concrete
sidewalk 51to 250 s.y.
SY $ 18.80
9 Remove 4" to 5" concrete
sidewalk 251 + s.y.
SY $ 17.50
10 4" concrete sidewalk (3000
p.s.i. no fly ash air) 0-50 s.y.
SY $ 49.50
11 4" concrete sidewalk (3000
p.s.i. no fly ash air) 51to 250
s.y.
SY $ 49.00
12 4" concrete sidewalk (3000
p.s.i. no fly ash air) 251 +
s.y.
SY $ 48.50
13 6" (3600 p.s.i. no fly ash air)
concrete for pavement 0-50
s.y.
SY $ 63.00
14 6" (3600 p.s.i. no fly ash air)
concrete for pavement 51to
250 s.y.
SY $ 62.50
15 6" (3600 p.s.i. no fly ash air)
concrete for pavement 251
+ s.y.
SY $ 62.60
16 6" (4200 p.s.i. no fly ash air)
concrete for pavement 0-50
s.y.
SY $ 65.75
17 6" (4200 p.s.i. no fly ash air)
concrete for pavement 51to
250 s.y.
SY $ 64.75
18 6" (4200 p.s.i. no fly ash air)
concrete for pavement 251
+ s.y.
SY $ 63.00
19 6" (5000 p.s.i. no fly ash air)
concrete for pavement 0-50
s.y.
SY $ 69.50
20 6" (5000 p.s.i. no fly ash air)
concrete for pavement 51to
250 s.y.
SY $ 68.50
21 6" (5000 p.s.i. no fly ash air)
concrete for pavement 251
+ s.y.
SY $ 67.00
22 8" (3600 p.s.i. no fly ash air)
concrete for pavement 0-50
s.y.
SY $ 74.25
23 811 (3600 p.s.i. no fly ash air)
concrete for pavement 51to
250 s.y.
SY $ 73.25
24 8" (3600 p.s.i. no fly ash air)
concrete for pavement 251
+ s.y.
SY $ 72.00
25 8" (4200 p.s.i. no fly ash air)
concrete for pavement 0-50
s.y.
SY $ 79.25
26 8" (4200 p.s.i. no fly ash air)
concrete for pavement 51to
250 s.y.
SY $ 78.25
27 8" (4200 p.s.i. no fly ash air)
concrete for pavement 251
+ s.y.
SY $ 77.00
28 811 (5000 p.s.i. no fly ash air)
concrete for pavement 0-50
s.y.
SY $ 83.25
29 8" (5000 p.s.i. no fly ash air)
concrete for pavement 51to
250 s.y.
SY $ 82.25
30 811 (5000 p.s.i. no fly ash air)
concrete for pavement 251
+ s.y.
SY $ 81.00
31 9" (3600 p.s.i. no fly ash air)
concrete for pavement 0-50
s.y.
SY $ 77.25
32 9" (3600 p.s.i. no fly ash air)
concrete for pavement 51to
250 s.y.
SY $ 76.25
33 9" (3600 p.s.i. no fly ash air)
concrete for pavement 251
+ s.y.
SY $ 75.00
34 9" (4200 p.s.i. no fly ash air)
concrete for pavement 0-50
s.y.
SY $ 81.25
35 9" (4200 p.s.i. no fly ash air)
concrete for pavement 51to
250 s.y.
SY $ 80.25
36 9" (4200 p.s.i. no fly ash air)
concrete for pavement 251
+ s.y.
SY $ 79.00
37 9" (5000 p.s.i. no fly ash air)
concrete for pavement 0-50
s.y.
SY $ 87.50
38 9" (5000 p.s.i. no fly ash air)
concrete for pavement 51to
250 s.y.
SY $ 86.50
39 9" (5000 p.s.i. no fly ash air)
concrete for pavement 251
+ s.y.
SY $ 85.00
40 10" (3600 p.s.i. no fly ash
air) concrete for pavement 0-
50 s.y.
SY $ 87.50
41 10" (3600 p.s.i. no fly ash
air) concrete for pavement
51-250 s.y.
SY $ 86.50
42 10" (3600 p.s.i. no fly ash
air) concrete for pavement
251+ s.y.
SY $ 85.60
43 10" (4200 p.s.i. no fly ash
air) concrete for pavement 0-
50 s.y
SY $ 91.25
44 10" (4200 p.s.i. no fly ash
air) concrete for pavement
51-250 s.y.
SY $ 90.25
45 10" (4200 p.s.i. no fly ash
air) concrete for pavement
251+ s.y.
SY $ 88.00
46 10" (5000 p.s.i. no fly ash
air) concrete for pavement 0-
50 s.y.
SY $ 97.50
47 10" (5000 p.s.i. no fly ash
air) concrete for pavement
51to 250 s.y.
SY $ 96.50
48 10" (5000 p.s.i. no fly ash
air) concrete for pavement
251+ s.y.
SY $ 95.00
49
6" to 8" (3600 p.s.i. no fly
ash air) Alley pavement
concrete 0 - 50 s.y.
SY $ 78.75
50
6" to 8" (3600 p.s.i. no fly
ash air) Alley pavement
concrete 51to
250 s.y.
SY $ 76.50
51
6" to 8" (3600 p.s.i. no fly
ash air) Alley pavement
concrete 251 + s.y.
SY $ 76.50
52
6" to 8" (4200 p.s.i. no fly
ash air) Alley pavement
concrete 0 - 50
s.y.
SY $ 80.75
53
6" to 8" (4200 p.s.i. no fly
ash air) Alley pavement
concrete 51to 250 s.y.
SY $ 78.50
54
6" to 811 (4200 p.s.i. no fly
ash air) Alley pavement
concrete 251 +
s.y.
SY $ 78.50
55
611 to 811 (5000 p.s.i. no fly
ash air) Alley pavement
concrete 0 - 50
s.y.
SY $ 83.25
56
611 to 8" (5000 p.s.i. no fly
ash air) Alley pavement
concrete 51to
250 s.y.
SY $ 81.50
57
611 to 8" (5000 p.s.i. no fly
ash air) Alley pavement
concrete 251 + s.y.
SY $ 81.50
58 Barrier Free Ramps (4'
Sidewalk)
EA $ 1,350.00
59 Barrier Free Ramps (5'
Sidewalk)
EA $ 1,400.00
60 Barrier Free Ramps (6'
Sidewalk)
EA $ 1,600.00
61 Barrier Free Ramps (10'
Sidewalk)
EA $ 2,000.00
62 Sidewalk curb LF $ 8.50
63 Stairs up to 8" rise s.f. SF $ 50.00
64 6" Integral Curb Concrete LF $ 8.50
65 6" concrete drive approach
up to connecting sidewalk or
R.O.W.
SY $ 58.50
66 8" concrete drive approach
up to connecting sidewalk or
R.O.W.
SY $ 72.00
67 Remove curb and gutter 0 -
150 l.f.
LF $ 10.00
68 Remove curb and gutter
151+ l.f.
LF $ 9.00
69 24" curb and gutter to
include 611 curb 0 - 150 l.f.
LF $ 28.00
70 24" curb and gutter to
include 6" curb 151+ l.f.
LF $ 27.00
71 30" curb and gutter to
include 6" curb 0 - 150 l.f.
LF $ 31.00
72 30" curb and gutter to
include 611 curb 151 + l.f.
LF $ 30.00
73 36" curb and gutter to
include 6" curb 0 - 150 l.f.
LF $ 33.00
74 36" curb and gutter to
include 611 curb 151 + l.f.
LF $ 32.00
75 18" Mountable curb and
gutter concrete
LF $ 28.00
76 18" Mountable curb and
gutter concrete
LF $ 27.00
77
SDHPT (grade 2) Type A
Flex Base
provided placed and
compacted by contractor
TON
$ 60.00
78 5" - 6" depth stamped
patterned concrete median
SY $ 126.00
79 8" depth stamped patterned
concrete median
SY $ 135.00
80 Removal of retaining wall (0-
4 ft tall)
LF $ 20.00
81 Retaining wall (0-1.5 ft) with
integral sidewalk
LF $ 19.50
82 Install retaining wall (1.6 - 3
ft) with integral sidewalk
LF $ 39.00
83 Install retaining wall (3.1- 4
ft) with integral sidewalk
LF $ 52.00
84 Remove HMAC and
necessary sub-base
SY $ 27.00
85 Install HMAC 2" compacted
along concrete repairs s.y.
SY $ 34.00
86 Saw cut full depth concrete LF $ 5.00
87 Saw cut full depth concrete
sidewalk
LF $ 3.50
88 Saw cut asphalt full depth LF $ 4.00
89 Partial (T/4) depth saw cut
concrete
LF $ 4.00
90
Sod on all disturbing sides
of construction
to match existing species of
grass
SY
$ 15.00
91 Unclassified Excavation 0 -
50 c.y. I
CY $ 40.00
92 Unclassified Excavation 51-
100 c.y.
CY $ 38.00
93 Unclassified Excavation 101
+ c.y.
CY $ 37.00
94 Place and Compact Fill
supplied by Contractor c.y.
CY $ 84.00
95 4" Concrete Riprap 0 - 50
s.y.
SY $ 81.00
96 4" Concrete Riprap 51to 250
s.y.
SY $ 76.50
97 4" Concrete Riprap 251 +
s.y.
SY $ 72.00
98 Remove storm water pipe 0-
30"
LF $ 30.00
99 Lay storm water pipe 0-30"
RCP supplied by Contractor
LF $ 100.00
100 Install 6" French drain 0'-3'
depth
LF $ 30.00
101 Install 6" French drain 3.01' -
6' depth
LF $ 60.00
102 Adjust Manhole to Grade EA $ 150.00
103 Adjust Existing Grate Inlet to
Grade
EA $ 1,500.00
104 Adjust Water Meter Cans and
Irrigation Valve Boxes
EA $ 100.00
105 Adjust Sewer Cleanouts EA $ 100.00
106 Adjust Valve Boxes EA $ 150.00
107 Relocate Existing Ground Box EA $ 150.00
108 2'x2' Grate Inlet EA $ 1,897.50
109 4'x4' Grate Inlet EA $ 2,415.00
110 3'x3' Type A Junction Box EA $ 2,846.25
111 4'x4' Type A Junction Box EA $ 3,220.00
112 5'x5' Type A Junction Box EA $ 3,766.25
113 6'x6' Type A Junction Box EA $ 4,197.50
114 7'x7' Type A Junction Box EA $ 4,973.75
115 Remove and Replace Storm
Drain Inlet Top and Throat
EA $ 1,910.00
116 Remove and Replace 5' Curb
Inlet
EA $ 2,585.00
117 Remove and Replace 10' Curb
Inlet
EA $ 3,260.00
118 Remove and Replace 15' Curb
Inlet
EA $ 4,000.00
119 Remove and Replace 20' Curb
Inlet
EA $ 4,660.00
120 Grubbing/ Land Clearing SY $ 10.00
121
Crack and Joint Sealing
( Random Cracks, Redwood
Expansion Joints, and
Construction Saw Joints)
LF
$ 2.50
122 Traffic Control Plan on major
thoroughfare
Daily $ 650.00
123 Traffic Control Plan on major
thoroughfare
Weekly $ 1,250.00
124 Traffic Control Plan on major
thoroughfare
Monthly $ 2,500.00
2016‐2017 Street, Alley, Sidewalk & Ramps
Contractor NPL
Total Contract $500,000.00
Street & Alley $200,000.00
Sidewalk & ADA $300,000.00
Total $500,000.00
NPL BID SUMMARY
Item # Item Description Unit
Unit
Rate
1 Remove 6" to 811 thick
reinforced concrete 0-50 s.y.
SY $ 11.25
2 Remove 6" to 811 thick
reinforced concrete 51-250 s.y.
SY $ 11.25
3 Remove 6" to 8" thick
reinforced concrete 251 + s.y.
SY $ 11.25
4 Remove 9" to 10" thick
reinforced concrete 0 - 50 s.y.
SY $ 11.25
5 Remove 9" to 10" thick
reinforced concrete 51- 250
s.y.
SY $ 11.25
6 Remove 9" to 10" thick
reinforced concrete 251+ s.y.
SY $ 11.25
7 Remove 611 to 8" thick
reinforced concrete alley 0 - 50
s.y.
SY $ 11.25
8 Remove 611 to 8" thick
reinforced concrete alley 51 -
250 s.y.
SY $ 11.25
9 Remove 6" to 811 thick
reinforced concrete alley 251+
s.y.
SY $ 11.25
7 Remove 4" to 5" concrete
sidewalk 0-50 s.y.
SY $ 9.00
8 Remove 4" to 5" concrete
sidewalk 51to 250 s.y.
SY $ 9.00
9 Remove 4" to 5" concrete
sidewalk 251 + s.y.
SY $ 9.00
10 4" concrete sidewalk (3000
p.s.i. no fly ash air) 0-50 s.y.
SY $ 58.50
11 4" concrete sidewalk (3000
p.s.i. no fly ash air) 51to 250
s.y.
SY $ 58.50
12 4" concrete sidewalk (3000
p.s.i. no fly ash air) 251 + s.y.
SY $ 58.50
13 6" (3600 p.s.i. no fly ash air)
concrete for pavement 0-50
s.y.
SY $ 70.00
14 6" (3600 p.s.i. no fly ash air)
concrete for pavement 51to
250 s.y.
SY $ 70.00
15 6" (3600 p.s.i. no fly ash air)
concrete for pavement 251 +
s.y.
SY $ 70.00
16 6" (4200 p.s.i. no fly ash air)
concrete for pavement 0-50
s.y.
SY $ 71.00
17 6" (4200 p.s.i. no fly ash air)
concrete for pavement 51to
250 s.y.
SY $ 71.00
18 6" (4200 p.s.i. no fly ash air)
concrete for pavement 251 +
s.y.
SY $ 71.00
19 6" (5000 p.s.i. no fly ash air)
concrete for pavement 0-50
s.y.
SY $ 73.00
20 6" (5000 p.s.i. no fly ash air)
concrete for pavement 51to
250 s.y.
SY $ 73.00
21 6" (5000 p.s.i. no fly ash air)
concrete for pavement 251 +
s.y.
SY $ 73.00
22 8" (3600 p.s.i. no fly ash air)
concrete for pavement 0-50
s.y.
SY $ 72.00
23 811 (3600 p.s.i. no fly ash air)
concrete for pavement 51to
250 s.y.
SY $ 72.00
24 8" (3600 p.s.i. no fly ash air)
concrete for pavement 251 +
s.y.
SY $ 72.00
25 8" (4200 p.s.i. no fly ash air)
concrete for pavement 0-50
s.y.
SY $ 73.00
26 8" (4200 p.s.i. no fly ash air)
concrete for pavement 51to
250 s.y.
SY $ 73.00
27 8" (4200 p.s.i. no fly ash air)
concrete for pavement 251 +
s.y.
SY $ 73.00
28 811 (5000 p.s.i. no fly ash air)
concrete for pavement 0-50
s.y.
SY $ 74.00
29 8" (5000 p.s.i. no fly ash air)
concrete for pavement 51to
250 s.y.
SY $ 74.00
30 811 (5000 p.s.i. no fly ash air)
concrete for pavement 251 +
s.y.
SY $ 74.00
31 9" (3600 p.s.i. no fly ash air)
concrete for pavement 0-50
s.y.
SY $ 76.00
32 9" (3600 p.s.i. no fly ash air)
concrete for pavement 51to
250 s.y.
SY $ 76.00
33 9" (3600 p.s.i. no fly ash air)
concrete for pavement 251 +
s.y.
SY $ 76.00
34 9" (4200 p.s.i. no fly ash air)
concrete for pavement 0-50
s.y.
SY $ 77.00
35 9" (4200 p.s.i. no fly ash air)
concrete for pavement 51to
250 s.y.
SY $ 77.00
36 9" (4200 p.s.i. no fly ash air)
concrete for pavement 251 +
s.y.
SY $ 77.00
37 9" (5000 p.s.i. no fly ash air)
concrete for pavement 0-50
s.y.
SY $ 80.00
38 9" (5000 p.s.i. no fly ash air)
concrete for pavement 51to
250 s.y.
SY $ 80.00
39 9" (5000 p.s.i. no fly ash air)
concrete for pavement 251 +
s.y.
SY $ 80.00
40 10" (3600 p.s.i. no fly ash air)
concrete for pavement 0-50
s.y.
SY $ 90.00
41 10" (3600 p.s.i. no fly ash air)
concrete for pavement 51-250
s.y.
SY $ 90.00
42 10" (3600 p.s.i. no fly ash air)
concrete for pavement 251+
s.y.
SY $ 90.00
43 10" (4200 p.s.i. no fly ash air)
concrete for pavement 0-50 s.y
SY $ 90.00
44 10" (4200 p.s.i. no fly ash air)
concrete for pavement 51-250
s.y.
SY $ 90.00
45 10" (4200 p.s.i. no fly ash air)
concrete for pavement 251+
s.y.
SY $ 90.00
46 10" (5000 p.s.i. no fly ash air)
concrete for pavement 0-50
s.y.
SY $ 100.00
47 10" (5000 p.s.i. no fly ash air)
concrete for pavement 51to
250 s.y.
SY $ 100.00
48 10" (5000 p.s.i. no fly ash air)
concrete for pavement 251+
s.y.
SY $ 100.00
49
6" to 8" (3600 p.s.i. no fly ash
air) Alley pavement concrete 0 -
50 s.y.
SY $ 80.00
50
6" to 8" (3600 p.s.i. no fly ash
air) Alley pavement concrete
51to
250 s.y.
SY $ 80.00
51
6" to 8" (3600 p.s.i. no fly ash
air) Alley pavement concrete
251 + s.y.
SY $ 80.00
52
6" to 8" (4200 p.s.i. no fly ash
air) Alley pavement concrete 0 -
50
s.y.
SY $ 80.00
53
6" to 8" (4200 p.s.i. no fly ash
air) Alley pavement concrete
51to 250 s.y.
SY $ 80.00
54
6" to 811 (4200 p.s.i. no fly ash
air) Alley pavement concrete
251 +
s.y.
SY $ 80.00
55
611 to 811 (5000 p.s.i. no fly ash
air) Alley pavement concrete 0 -
50
s.y.
SY $ 85.00
56
611 to 8" (5000 p.s.i. no fly ash
air) Alley pavement concrete
51to
250 s.y.
SY $ 85.00
57
611 to 8" (5000 p.s.i. no fly ash
air) Alley pavement concrete
251 + s.y.
SY $ 85.00
58 Barrier Free Ramps (4'
Sidewalk)
EA $ 2,000.00
59 Barrier Free Ramps (5'
Sidewalk)
EA $ 2,250.00
60 Barrier Free Ramps (6'
Sidewalk)
EA $ 2,500.00
61 Barrier Free Ramps (10'
Sidewalk)
EA $ 3,000.00
62 Sidewalk curb LF $ 10.00
63 Stairs up to 8" rise s.f. SF $ 25.00
64 6" Integral Curb Concrete LF $ 12.00
65 6" concrete drive approach up
to connecting sidewalk or
R.O.W.
SY $ 85.00
66 8" concrete drive approach up
to connecting sidewalk or
R.O.W.
SY $ 90.00
67 Remove curb and gutter 0 -
150 l.f.
LF $ 5.00
68 Remove curb and gutter 151+
l.f.
LF $ 5.00
69 24" curb and gutter to include
611 curb O - 150 l.f.
LF $ 30.00
70 24" curb and gutter to include
6" curb 151+ l.f.
LF $ 30.00
71 30" curb and gutter to include
6" curb 0 - 150 l.f.
LF $ 32.00
72 30" curb and gutter to include
611 curb 151 + l.f.
LF $ 32.00
73 36" curb and gutter to include
6" curb 0 - 150 l.f.
LF $ 35.00
74 36" curb and gutter to include
611 curb 151 + l.f.
LF $ 35.00
75 18" Mountable curb and gutter
concrete
LF $ 25.00
76 18" Mountable curb and gutter
concrete
LF $ 25.00
77
SDHPT (grade 2) Type A Flex
Base
provided placed and
compacted by contractor
TON
$ 100.00
78 5" - 6" depth stamped
patterned concrete median
SY $ 315.00
79 8" depth stamped patterned
concrete median
SY $ 400.00
80 Removal of retaining wall (0-4
ft tall)
LF $ 40.00
81 Retaining wall (0-1.5 ft) with
integral sidewalk
LF $ 30.00
82 Install retaining wall (1.6 - 3 ft)
with integral sidewalk
LF $ 45.00
83 Install retaining wall (3.1- 4 ft)
with integral sidewalk
LF $ 100.00
84 Remove HMAC and necessary
sub-base
SY $ 45.00
85 Install HMAC 2" compacted
along concrete repairs s.y.
SY $ 49.00
86 Saw cut full depth concrete LF $ 2.50
87 Saw cut full depth concrete
sidewalk
LF $ 2.50
88 Saw cut asphalt full depth LF $ 2.50
89 Partial (T/4) depth saw cut
concrete
LF $ 2.50
90
Sod on all disturbing sides of
construction
to match existing species of
grass
SY
$ 8.00
91 Unclassified Excavation 0 - 50
c.y. I
CY $ 100.00
92 Unclassified Excavation 51-
100 c.y.
CY $ 100.00
93 Unclassified Excavation 101 +
c.y.
CY $ 100.00
94 Place and Compact Fill
supplied by Contractor c.y.
CY $ 60.00
95 4" Concrete Riprap 0 - 50 s.y. SY $ 90.00
96 4" Concrete Riprap 51to 250
s.y.
SY $ 90.00
97 4" Concrete Riprap 251 + s.y.SY $ 90.00
98 Remove storm water pipe 0-
30"
LF $ 50.00
99 Lay storm water pipe 0-30"
RCP supplied by Contractor
LF $ 450.00
100 Install 6" French drain 0'-3'
depth
LF $ 50.00
101 Install 6" French drain 3.01' - 6'
depth
LF $ 100.00
102 Adjust Manhole to Grade EA $ 450.00
103 Adjust Existing Grate Inlet to
Grade
EA $ 500.00
104 Adjust Water Meter Cans and
Irrigation Valve Boxes
EA $ 45.00
105 Adjust Sewer Cleanouts EA $ 45.00
106 Adjust Valve Boxes EA $ 45.00
107 Relocate Existing Ground Box EA $ 200.00
108 2'x2' Grate Inlet EA $ 4,500.00
109 4'x4' Grate Inlet EA $ 7,800.00
110 3'x3' Type A Junction Box EA $ 3,500.00
111 4'x4' Type A Junction Box EA $ 4,740.00
112 5'x5' Type A Junction Box EA $ 5,500.00
113 6'x6' Type A Junction Box EA $ 7,220.00
114 7'x7' Type A Junction Box EA $ 9,500.00
115 Remove and Replace Storm
Drain Inlet Top and Throat
EA $ 5,000.00
116 Remove and Replace 5' Curb
Inlet
EA $ 4,500.00
117 Remove and Replace 10' Curb
Inlet
EA $ 6,000.00
118 Remove and Replace 15' Curb
Inlet
EA $ 8,000.00
119 Remove and Replace 20' Curb
Inlet
EA $ 10,000.00
120 Grubbing/ Land Clearing SY $ 45.00
121
Crack and Joint Sealing
( Random Cracks, Redwood
Expansion Joints, and
Construction Saw Joints)
LF
$ 3.50
122 Traffic Control Plan on major
thoroughfare
Daily $ 125.00
123 Traffic Control Plan on major
thoroughfare
Weekly $ 500.00
124 Traffic Control Plan on major
thoroughfare
Monthly $ 1,750.00
BID SUMMARY
Item # Item Description
1 Remove 6" to 811 thick reinforced concrete 0-50 s.y.
2 Remove 6" to 811 thick reinforced concrete 51-250 s.y.
3 Remove 6" to 8" thick reinforced concrete 251 + s.y.
4 Remove 9" to 10" thick reinforced concrete 0 - 50 s.y.
5 Remove 9" to 10" thick reinforced concrete 51- 250 s.y.
6 Remove 9" to 10" thick reinforced concrete 251+ s.y.
7 Remove 611 to 8" thick reinforced concrete alley 0 - 50 s.y.
8 Remove 611 to 8" thick reinforced concrete alley 51 - 250 s.y.
9 Remove 6" to 811 thick reinforced concrete alley 251+ s.y.
7 Remove 4" to 5" concrete sidewalk 0-50 s.y.
8 Remove 4" to 5" concrete sidewalk 51to 250 s.y.
9 Remove 4" to 5" concrete sidewalk 251 + s.y.
10 4" concrete sidewalk (3000 p.s.i. no fly ash air) 0-50 s.y.
11 4" concrete sidewalk (3000 p.s.i. no fly ash air) 51to 250 s.y.
12 4" concrete sidewalk (3000 p.s.i. no fly ash air) 251 + s.y.
13 6" (3600 p.s.i. no fly ash air) concrete for pavement 0-50 s.y.
14 6" (3600 p.s.i. no fly ash air) concrete for pavement 51to 250 s.y.
15 6" (3600 p.s.i. no fly ash air) concrete for pavement 251 + s.y.
16 6" (4200 p.s.i. no fly ash air) concrete for pavement 0-50 s.y.
17 6" (4200 p.s.i. no fly ash air) concrete for pavement 51to 250 s.y.
18 6" (4200 p.s.i. no fly ash air) concrete for pavement 251 + s.y.
19 6" (5000 p.s.i. no fly ash air) concrete for pavement 0-50 s.y.
20 6" (5000 p.s.i. no fly ash air) concrete for pavement 51to 250 s.y.
21 6" (5000 p.s.i. no fly ash air) concrete for pavement 251 + s.y.
22 8" (3600 p.s.i. no fly ash air) concrete for pavement 0-50 s.y.
23 811 (3600 p.s.i. no fly ash air) concrete for pavement 51to 250 s.y.
24 8" (3600 p.s.i. no fly ash air) concrete for pavement 251 + s.y.
25 8" (4200 p.s.i. no fly ash air) concrete for pavement 0-50 s.y.
26 8" (4200 p.s.i. no fly ash air) concrete for pavement 51to 250 s.y.
27 8" (4200 p.s.i. no fly ash air) concrete for pavement 251 + s.y.
28 811 (5000 p.s.i. no fly ash air) concrete for pavement 0-50 s.y.
29 8" (5000 p.s.i. no fly ash air) concrete for pavement 51to 250 s.y.
30 811 (5000 p.s.i. no fly ash air) concrete for pavement 251 + s.y.
31 9" (3600 p.s.i. no fly ash air) concrete for pavement 0-50 s.y.
32 9" (3600 p.s.i. no fly ash air) concrete for pavement 51to 250 s.y.
33 9" (3600 p.s.i. no fly ash air) concrete for pavement 251 + s.y.
34 9" (4200 p.s.i. no fly ash air) concrete for pavement 0-50 s.y.
35 9" (4200 p.s.i. no fly ash air) concrete for pavement 51to 250 s.y.
36 9" (4200 p.s.i. no fly ash air) concrete for pavement 251 + s.y.
37 9" (5000 p.s.i. no fly ash air) concrete for pavement 0-50 s.y.
38 9" (5000 p.s.i. no fly ash air) concrete for pavement 51to 250 s.y.
39 9" (5000 p.s.i. no fly ash air) concrete for pavement 251 + s.y.
40 10" (3600 p.s.i. no fly ash air) concrete for pavement 0-50 s.y.
41 10" (3600 p.s.i. no fly ash air) concrete for pavement 51-250 s.y.
42 10" (3600 p.s.i. no fly ash air) concrete for pavement 251+ s.y.
43 10" (4200 p.s.i. no fly ash air) concrete for pavement 0-50 s.y
44 10" (4200 p.s.i. no fly ash air) concrete for pavement 51-250 s.y.
45 10" (4200 p.s.i. no fly ash air) concrete for pavement 251+ s.y.
46 10" (5000 p.s.i. no fly ash air) concrete for pavement 0-50 s.y.
47 10" (5000 p.s.i. no fly ash air) concrete for pavement 51to 250 s.y.
48 10" (5000 p.s.i. no fly ash air) concrete for pavement 251+ s.y.
49 6" to 8" (3600 p.s.i. no fly ash air) Alley pavement concrete 0 - 50 s.y.
50 6" to 8" (3600 p.s.i. no fly ash air) Alley pavement concrete 51to
250 s.y.
51 6" to 8" (3600 p.s.i. no fly ash air) Alley pavement concrete 251 + s.y.
52 6" to 8" (4200 p.s.i. no fly ash air) Alley pavement concrete 0 - 50
s.y.
53 6" to 8" (4200 p.s.i. no fly ash air) Alley pavement concrete 51to 250 s.y.
54 6" to 811 (4200 p.s.i. no fly ash air) Alley pavement concrete 251 +
s.y.
55 611 to 811 (5000 p.s.i. no fly ash air) Alley pavement concrete 0 - 50
s.y.
56 611 to 8" (5000 p.s.i. no fly ash air) Alley pavement concrete 51to
250 s.y.
57 611 to 8" (5000 p.s.i. no fly ash air) Alley pavement concrete 251 + s.y.
58 Barrier Free Ramps (4' Sidewalk)
59 Barrier Free Ramps (5' Sidewalk)
60 Barrier Free Ramps (6' Sidewalk)
61 Barrier Free Ramps (10' Sidewalk)
62 Sidewalk curb
63 Stairs up to 8" rise s.f.
64 6" Integral Curb Concrete
65 6" concrete drive approach up to connecting sidewalk or R.O.W.
66 8" concrete drive approach up to connecting sidewalk or R.O.W.
67 Remove curb and gutter 0 - 150 l.f.
68 Remove curb and gutter 151+ l.f.
69 24" curb and gutter to include 611 curb O - 150 l.f.
70 24" curb and gutter to include 6" curb 151 + l.f.
71 30" curb and gutter to include 6" curb 0 - 150 l.f.
72 30" curb and gutter to include 611 curb 151 + l.f.
73 36" curb and gutter to include 6" curb 0 - 150 l.f.
74 36" curb and gutter to include 611 curb 151 + l.f.
75 18" Mountable curb and gutter concrete
76 18" Mountable curb and gutter concrete
77 SDHPT (grade 2) Type A Flex Base
provided placed and compacted by contractor
78 5" - 6" depth stamped patterned concrete median
79 8" depth stamped patterned concrete median
80 Removal of retaining wall (0-4 ft tall)
81 Retaining wall (0-1.5 ft) with integral sidewalk
82 Install retaining wall (1.6 - 3 ft) with integral sidewalk
83 Install retaining wall (3.1- 4 ft) with integral sidewalk
84 Remove HMAC and necessary sub-base
85 Install HMAC 2" compacted along concrete repairs s.y.
86 Saw cut full depth concrete
87 Saw cut full depth concrete sidewalk
88 Saw cut asphalt full depth
89 Partial (T/4) depth saw cut concrete
90 Sod on all disturbing sides of construction
to match existing species of grass
91 Unclassified Excavation 0 - 50 c.y. I
92 Unclassified Excavation 51- 100 c.y.
93 Unclassified Excavation 101 + c.y.
94 Place and Compact Fill supplied by Contractor c.y.
95 4" Concrete Riprap 0 - 50 s.y.
96 4" Concrete Riprap 51to 250 s.y.
97 4" Concrete Riprap 251 + s.y.
98 Remove storm water pipe 0-30"
99 Lay storm water pipe 0-30" RCP supplied by Contractor
100 Install 6" French drain 0'-3' depth
101 Install 6" French drain 3.01' - 6' depth
102 Adjust Manhole to Grade
103 Adjust Existing Grate Inlet to Grade
104 Adjust Water Meter Cans and Irrigation Valve Boxes
105 Adjust Sewer Cleanouts
106 Adjust Valve Boxes
107 Relocate Existing Ground Box
108 2'x2' Grate Inlet
109 4'x4' Grate Inlet
110 3'x3' Type A Junction Box
111 4'x4' Type A Junction Box
112 5'x5' Type A Junction Box
113 6'x6' Type A Junction Box
114 7'x7' Type A Junction Box
115 Remove and Replace Storm Drain Inlet Top and Throat
116 Remove and Replace 5' Curb Inlet
117 Remove and Replace 10' Curb Inlet
118 Remove and Replace 15' Curb Inlet
119 Remove and Replace 20' Curb Inlet
120 Grubbing/ Land Clearing
121
Crack and Joint Sealing
( Random Cracks, Redwood Expansion Joints, and Construction Saw Joints)
122 Traffic Control Plan on major thoroughfare
123 Traffic Control Plan on major thoroughfare
124 Traffic Control Plan on major thoroughfare
Unit
Bid Price Per
Unit
F&F Concrete NPL
Construction
SAZ
Infrastructure
Ken-Do
Contracting
square yard $ 27.00 $ 11.25 $ 14.25 $ 24.00
square yard $ 26.50 $ 11.25 $ 14.00 $ 18.00
square yard $ 26.00 $ 11.25 $ 13.90 $ 13.00
square yard $ 28.50 $ 11.25 $ 15.25 $ 30.00
square yard $ 27.50 $ 11.25 $ 15.00 $ 24.00
square yard $ 26.50 $ 11.25 $ 14.75 $ 19.00
square yard $ 28.50 $ 11.25 $ 14.25 $ 24.00
square yard $ 27.50 $ 11.25 $ 14.00 $ 18.00
square yard $ 26.50 $ 11.25 $ 13.90 $ 13.00
square yard $ 19.50 $ 9.00 $ 16.80 $ 19.00
square yard $ 18.80 $ 9.00 $ 16.00 $ 13.00
square yard $ 17.50 $ 9.00 $ 15.50 $ 12.00
square yard $ 49.50 $ 58.50 $ 62.50 $ 70.00
square yard $ 49.00 $ 58.50 $ 61.50 $ 65.00
square yard $ 48.50 $ 58.50 $ 61.00 $ 64.00
square yard $ 63.00 $ 70.00 $ 66.25 $ 76.00
square yard $ 62.50 $ 70.00 $ 66.00 $ 71.00
square yard $ 62.60 $ 70.00 $ 65.75 $ 70.00
square yard $ 65.75 $ 71.00 $ 72.69 $ 79.00
square yard $ 64.75 $ 71.00 $ 72.00 $ 74.00
square yard $ 63.00 $ 71.00 $ 71.50 $ 73.00
square yard $ 69.50 $ 73.00 $ 77.00 $ 87.00
square yard $ 68.50 $ 73.00 $ 76.50 $ 82.00
square yard $ 67.00 $ 73.00 $ 76.00 $ 81.00
square yard $ 74.25 $ 72.00 $ 81.89 $ 82.00
square yard $ 73.25 $ 72.00 $ 80.84 $ 78.00
square yard $ 72.00 $ 72.00 $ 80.00 $ 73.00
square yard $ 79.25 $ 73.00 $ 85.60 $ 87.00
square yard $ 78.25 $ 73.00 $ 85.00 $ 82.00
square yard $ 77.00 $ 73.00 $ 84.36 $ 81.00
square yard $ 83.25 $ 74.00 $ 101.83 $ 92.00
square yard $ 82.25 $ 74.00 $ 101.00 $ 87.00
square yard $ 81.00 $ 74.00 $ 100.00 $ 86.00
square yard $ 77.25 $ 76.00 $ 96.60 $ 93.00
square yard $ 76.25 $ 76.00 $ 96.00 $ 88.00
$ 75.00 $ 76.00 $ 95.50 $ 85.00
$ 81.25 $ 77.00 $ 97.50 $ 98.00
$ 80.25 $ 77.00 $ 97.00 $ 93.00
$ 79.00 $ 77.00 $ 96.50 $ 88.00
$ 87.50 $ 80.00 $ 111.00 $ 103.00
$ 86.50 $ 80.00 $ 110.00 $ 98.00
$ 85.00 $ 80.00 $ 110.00 $ 93.00
square yard
square yard
square yard
square yard
square yard
square yard
square yard
$ 87.50 $ 90.00 $ 101.50 $ 98.00
$ 86.50 $ 90.00 $ 101.00 $ 93.00
$ 85.60 $ 90.00 $ 100.50 $ 88.00
$ 91.25 $ 90.00 $ 104.49 $ 103.00
$ 90.25 $ 90.00 $ 104.29 $ 98.00
$ 88.00 $ 90.00 $ 104.20 $ 93.00
$ 97.50 $ 100.00 $ 115.00 $ 108.00
$ 96.50 $ 100.00 $ 114.15 $ 106.00
$ 95.00 $ 100.00 $ 114.00 $ 101.00
$ 78.75 $ 80.00 $ 88.20 $ 85.00
$ 76.50 $ 80.00 $ 87.50 $ 83.00
$ 76.50 $ 80.00 $ 87.25 $ 81.00
$ 80.75 $ 80.00 $ 94.67 $ 90.00
$ 78.50 $ 80.00 $ 94.25 $ 88.00
$ 78.50 $ 80.00 $ 94.15 $ 86.00
$ 83.25 $ 85.00 $ 109.00 $ 95.00
$ 81.50 $ 85.00 $ 108.75 $ 93.00
$ 81.50 $ 85.00 $ 108.25 $ 91.00
$ 1,350.00 $ 2,000.00 $ 1,950.00 $ 1,100.00
$ 1,400.00 $ 2,250.00 $ 2,100.00 $ 1,400.00
$ 1,600.00 $ 2,500.00 $ 2,300.00 $ 2,000.00
$ 2,000.00 $ 3,000.00 $ 3,000.00 $ 3,200.00
$ 8.50 $ 10.00 $ 16.85 $ 7.00
$ 50.00 $ 25.00 $ 161.00 $ 20.00
$ 8.50 $ 12.00 $ 18.25 $ 15.00
$ 58.50 $ 85.00 $ 73.15 $ 70.00
$ 72.00 $ 90.00 $ 86.25 $ 75.00
$ 10.00 $ 5.00 $ 14.25 $ 10.00
$ 9.00 $ 5.00 $ 13.98 $ 10.00
$ 28.00 $ 30.00 $ 28.75 $ 40.00
$ 27.00 $ 30.00 $ 27.40 $ 38.00
$ 31.00 $ 32.00 $ 35.09 $ 43.00
$ 30.00 $ 32.00 $ 34.40 $ 41.00
$ 33.00 $ 35.00 $ 38.14 $ 45.00
$ 32.00 $ 35.00 $ 37.75 $ 43.00
$ 28.00 $ 25.00 $ 30.35 $ 35.00
$ 27.00 $ 25.00 $ 30.35 $ 33.00
square yard
square yard
square yard
square yard
square yard
square yard
square yard
square yard
square yard
square yard
square yard
square yard
square yard
square yard
square yard
square yard
square yard
square yard
each
each
each
each
linear foot
square foot
linear foot
square yard
square yard
linear foot
linear foot
linear foot
linear foot
linear foot
linear foot
linear foot
linear foot
linear foot
linear foot
$ 60.00 $ 100.00 $ 31.57 $ 35.00
$ 126.00 $ 315.00 $ 50.00 $ 175.00
$ 135.00 $ 400.00 $ 80.00 $ 195.00
$ 20.00 $ 40.00 $ 12.58 $ 50.00
$ 19.50 $ 30.00 $ 42.95 $ 30.00
$ 39.00 $ 45.00 $ 79.50 $ 40.00
$ 52.00 $ 100.00 $ 115.00 $ 60.00
$ 27.00 $ 45.00 $ 28.88 $ 28.00
$ 34.00 $ 49.00 $ 42.50 $ 40.00
$ 5.00 $ 2.50 $ 3.65 $ 4.50
$ 3.50 $ 2.50 $ 3.54 $ 2.00
$ 4.00 $ 2.50 $ 4.50 $ 3.50
$ 4.00 $ 2.50 $ 6.50 $ 3.00
$ 15.00 $ 8.00 $ 14.50 $ 6.50
$ 40.00 $ 100.00 $ 35.50 $ 40.00
$ 38.00 $ 100.00 $ 34.50 $ 37.00
$ 37.00 $ 100.00 $ 34.00 $ 35.00
$ 84.00 $ 60.00 $ 24.00 $ 43.00
$ 81.00 $ 90.00 $ 63.00 $ 70.00
$ 76.50 $ 90.00 $ 63.00 $ 65.00
$ 72.00 $ 90.00 $ 63.00 $ 65.00
$ 30.00 $ 50.00 $ 75.00 $ 35.00
$ 100.00 $ 450.00 $ 195.00 $ 100.00
$ 30.00 $ 50.00 $ 100.00 $ 22.00
$ 60.00 $ 100.00 $ 100.00 $ 41.00
$ 150.00 $ 450.00 $ 750.00 $ 800.00
$ 1,500.00 $ 500.00 $ 750.00 $ 3,300.00
$ 100.00 $ 45.00 $ 250.00 $ 200.00
$ 100.00 $ 45.00 $ 250.00 $ 200.00
$ 150.00 $ 45.00 $ 250.00 $ 150.00
$ 150.00 $ 200.00 $ 350.00 $ 450.00
$ 1,897.50 $ 4,500.00 $ 2,500.00 $ 2,000.00
$ 2,415.00 $ 7,800.00 $ 3,200.00 $ 4,500.00
$ 2,846.25 $ 3,500.00 $ 4,500.00 $ 5,100.00
$ 3,220.00 $ 4,740.00 $ 5,500.00 $ 5,700.00
$ 3,766.25 $ 5,500.00 $ 6,500.00 $ 6,300.00
$ 4,197.50 $ 7,220.00 $ 7,500.00 $ 6,900.00
$ 4,973.75 $ 9,500.00 $ 8,500.00 $ 7,500.00
$ 1,910.00 $ 5,000.00 $ 7,500.00 $ 3,500.00
$ 2,585.00 $ 4,500.00 $ 3,500.00 $ 3,000.00
$ 3,260.00 $ 6,000.00 $ 6,300.00 $ 5,000.00
$ 4,000.00 $ 8,000.00 $ 9,100.00 $ 7,500.00
ton
square yard
square yard
linear foot
linear foot
linear foot
linear foot
square yard
square yard
linear foot
linear foot
linear foot
linear foot
square yard
cubic yard
cubic yard
cubic yard
cubic yard
square yard
square yard
square yard
linear foot
linear foot
linear foot
linear foot
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
each
$ 4,660.00 $ 10,000.00 $ 10,500.00 $ 10,000.00
$ 10.00 $ 45.00 $ 35.00 $ 35.00
$ 2.50 $ 3.50 $ 4.00 $ 3.50
$ 650.00 $ 125.00 $ 350.00 $ 2,500.00
$ 1,250.00 $ 500.00 $ 1,250.00 $ 10,000.00
$ 2,500.00 $ 1,750.00 $ 3,675.00 $ 20,000.00
Totals: 58,285.00$ 96,493.25$ 98,860.69$ 118,475.00$
Weekly
Monthly
each
square yard
linear foot
Daily
Cam-Crete
Contracting
Advance
Contracting
Group
Onycha
Industries
Corp
$ 25.00 $ 15.00 $ 90.00
$ 20.00 $ 13.00 $ 90.00
$ 20.00 $ 12.00 $ 90.00
$ 35.00 $ 16.00 $ 110.00
$ 30.00 $ 15.00 $ 110.00
$ 30.00 $ 12.00 $ 110.00
$ 25.00 $ 17.00 $ 90.00
$ 20.00 $ 15.00 $ 90.00
$ 20.00 $ 12.00 $ 90.00
$ 20.00 $ 14.00 $ 9.00
$ 15.00 $ 12.00 $ 9.00
$ 15.00 $ 11.00 $ 9.00
$ 65.00 $ 60.00 $ 45.00
$ 64.00 $ 55.00 $ 45.00
$ 64.00 $ 52.00 $ 45.00
$ 68.00 $ 73.00 $ 47.00
$ 66.00 $ 72.00 $ 47.00
$ 66.00 $ 70.00 $ 52.00
$ 70.00 $ 78.00 $ 62.00
$ 68.00 $ 75.00 $ 62.00
$ 68.00 $ 73.00 $ 62.00
$ 125.00 $ 90.00 $ 62.00
$ 125.00 $ 98.00 $ 62.00
$ 125.00 $ 95.00 $ 62.00
$ 75.00 $ 78.00 $ 72.00
$ 73.00 $ 75.00 $ 72.00
$ 73.00 $ 74.00 $ 72.00
$ 78.00 $ 88.00 $ 72.00
$ 77.00 $ 85.00 $ 72.00
$ 77.00 $ 84.00 $ 72.00
$ 150.00 $ 98.00 $ 72.00
$ 150.00 $ 94.00 $ 72.00
$ 150.00 $ 92.00 $ 72.00
$ 80.00 $ 80.00 $ 82.00
$ 78.00 $ 78.00 $ 82.00
$ 78.00 $ 74.00 $ 82.00
$ 82.00 $ 84.00 $ 82.00
$ 80.00 $ 82.00 $ 82.00
$ 80.00 $ 80.00 $ 82.00
$ 175.00 $ 98.00 $ 82.00
$ 175.00 $ 94.00 $ 82.00
$ 175.00 $ 92.00 $ 82.00
$ 82.00 $ 82.00 $ 92.00
$ 80.00 $ 80.00 $ 92.00
$ 80.00 $ 79.00 $ 92.00
$ 85.00 $ 85.00 $ 92.00
$ 84.00 $ 83.00 $ 92.00
$ 84.00 $ 82.00 $ 92.00
$ 185.00 $ 98.00 $ 92.00
$ 185.00 $ 94.00 $ 92.00
$ 185.00 $ 92.00 $ 92.00
$ 85.00 $ 73.00 $ 82.00
$ 83.00 $ 72.00 $ 72.00
$ 83.00 $ 70.00 $ 72.00
$ 88.00 $ 78.00 $ 72.00
$ 86.00 $ 75.00 $ 72.00
$ 86.00 $ 73.00 $ 72.00
$ 150.00 $ 90.00 $ 72.00
$ 148.00 $ 98.00 $ 72.00
$ 148.00 $ 95.00 $ 72.00
$ 1,750.00 $ 1,100.00 $ 72.00
$ 1,950.00 $ 1,200.00 $ 2,800.00
$ 2,200.00 $ 1,400.00 $ 2,800.00
$ 3,600.00 $ 1,600.00 $ 3,800.00
$ 10.00 $ 25.00 $ 3,800.00
$ 80.00 $ 40.00 $ 15.00
$ 20.00 $ 30.00 $ 8.00
$ 68.00 $ 65.00 $ 8.00
$ 75.00 $ 70.00 $ 55.00
$ 15.00 $ 25.00 $ 60.00
$ 10.00 $ 20.00 $ 8.00
$ 33.00 $ 35.00 $ 8.00
$ 30.00 $ 30.00 $ 28.00
$ 35.00 $ 37.00 $ 28.00
$ 35.00 $ 35.00 $ 28.00
$ 40.00 $ 42.00 $ 28.00
$ 40.00 $ 40.00 $ 35.00
$ 35.00 $ 30.00 $ 35.00
$ 35.00 $ 30.00 $ 40.00
$ 30.00 $ 50.00 $ 40.00
$ 150.00 $ 110.00 $ 200.00
$ 180.00 $ 115.00 $ 45.00
$ 15.00 $ 20.00 $ 60.00
$ 65.00 $ 80.00 $ 15.00
$ 75.00 $ 120.00 $ 30.00
$ 120.00 $ 150.00 $ 70.00
$ 25.00 $ 12.00 $ 90.00
$ 35.00 $ 18.00 $ 12.00
$ 6.00 $ 2.50 $ 55.00
$ 4.00 $ 1.50 $ 6.00
$ 6.00 $ 2.50 $ 6.00
$ 6.00 $ 1.50 $ 6.00
$ 20.00 $ 5.00 $ 6.00
$ 40.00 $ 20.00 $ 10.00
$ 35.00 $ 15.00 $ 80.00
$ 35.00 $ 12.00 $ 80.00
$ 70.00 $ 30.00 $ 80.00
$ 75.00 $ 160.00 $ 80.00
$ 70.00 $ 150.00 $ 30.00
$ 70.00 $ 150.00 $ 30.00
$ 10.00 $ 50.00 $ 30.00
$ 200.00 $ 250.00 $ 5.00
$ 65.00 $ 170.00 $ 120.00
$ 75.00 $ 220.00 $ 300.00
$ 1,000.00 $ 900.00 $ 300.00
$ 1,000.00 $ 1,200.00 $ 1,200.00
$ 650.00 $ 800.00 $ 50.00
$ 500.00 $ 1,200.00 $ 450.00
$ 500.00 $ 500.00 $ 50.00
$ 750.00 $ 1,400.00 $ 50.00
$ 2,500.00 $ 1,000.00 $ 300.00
$ 3,000.00 $ 1,200.00 $ 120.00
$ 4,500.00 $ 120.00
$ 4,800.00 $ 200.00
$ 5,500.00 $ 200.00
$ 6,500.00 $ 200.00
$ 8,500.00 $ 200.00
$ 4,500.00 $ 2,500.00 $ 200.00
$ 5,500.00 $ 4,800.00 $ 200.00
$ 7,000.00 $ 6,500.00 $ 400.00
$ 8,500.00 $ 7,000.00 $ 400.00
$ 13,500.00 $ 12,400.00 $ 400.00
$ 20.00 $ 10.00 $ 400.00
$ 7.00 $ 5.00 $ 80.00
$ 500.00 $ 2,500.00 $ 5.00
$ 1,500.00 $ 3,500.00
$ 2,500.00 $ 5,500.00
99,932.00$ 64,768.00$ 25,089.00$
*Incomplete
Response
*Incomplete
Response
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2017-3135
File ID: Type: Status: 2017-3135 Agenda Item Agenda Ready
1Version: Reference: In Control: City Secretary
01/03/2017File Created:
Final Action: Meraki SwitcherFile Name:
Title: Consider approval to enter into an agreement with Connected Workplace
Solutions to provide Cisco Switch Gear and Meraki Access Points, through
GSA Schedule#: GS-35F-0563U, in the amount of $102,863.80 as
budgeted; and authorizing the City Manager to sign any necessary
documents.
Notes:
Agenda Date: 01/10/2017
Agenda Number: I.
Sponsors: Enactment Date:
Memo.pdf, Parks Switch Quote - File ID 3096 - Dec
13 Council.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 01/10/2017City Council
Text of Legislative File 2017-3135
Title
Consider approval to enter into an agreement with Connected Workplace Solutions to
provide Cisco Switch Gear and Meraki Access Points, through GSA Schedule#:
GS-35F-0563U, in the amount of $102,863.80 as budgeted; and authorizing the City
Manager to sign any necessary documents.
Summary
Andy Brown East and West park improvement projects need to have security cameras and
Wi-Fi. It is necessary to extend the City’s network into both parks to make these services
available. Currently CWPS manages and maintains the City’s network. Therefore, we will
have received a proposal to provide the necessary hardware and the engineering services
to make the necessary changes to add these facilities to the Coppell data network.
Page 1City of Coppell, Texas Printed on 1/6/2017
Master Continued (2017-3135)
Currently we have standardized on Cisco network equipment. We will be procuring 22
switches and 8 access points for these facilities.
Fiscal Impact:
The fiscal impact of this Agenda item is for hardware and installation services for a total of
$102,863.80. The funds are available in the Andy Brown Construction Contingency account
in the CRDC CIP Fund.
Staff Recommendation:
Staff Recommends approval
Goal Icon:
Sustainable City Government
Page 2City of Coppell, Texas Printed on 1/6/2017
1
MEMORANDUM
To: Mayor and City Council
From: Albert Gauthier, Chief Information Officer
Date: April 26, 2016
Reference: Managed Service Desk Agreement
2030: Sustainable City Government
Introduction:
As part of the Information Systems Strategic Plan we identified the need to have a managed
services provider assist with the daily care and maintenance of our Information Systems (IS)
environment. The managed services provider will become the first response support for any IS
issues involving our physical and virtual server environment, workstations, desktops, laptops,
tablets and network devices.
Analysis:
We recently engaged Connected Workplace Solutions (CWPS) to provide a proof of concept of
their services for our Police Department (PD). For the past three months CWPS has been the first
response support for PD related to IS issues. CWPS’s support impact was felt immediately. CWPS
has proactively made necessary server patches, desktop patches, and other general maintenance
related improvements. This service is inclusive of the following items:
• First Response and Resolution
o Desktop, Laptop, Tablet, Telephone
o Servers
o Network Equipment
• Proactive Monitoring Services
• Microsoft Patch Management
• Cisco Asset Management
• Strategic IS short term and long term planning
• Quarterly Business Reviews
In addition to the services they provide, our staff will have access to tools to better monitor our own
environment as well as access to a ticketing system. The CWPS ticketing system will replace our
2
existing ticketing solution and will be able to provide problem specific reporting to help identify
support trends. The result of having CWPS engaged has dramatically helped our staff focus on
other higher value projects. We are now prepared to fully engage CWPS city-wide.
Legal Review:
(Agenda item was reviewed by Bob Hager on 05/05/16 or Agenda item did not require legal review)
Fiscal Impact:
The fiscal impact of this Agenda item is a one year agreement at a cost of $274,800 plus the
onboarding cost of $62,000 for a total of $336,800.
Recommendation:
The Information Systems Department recommends approval.
Andrew Brown Parks Equipment
Quote #:130843
Version 1
City of Coppell
CWPS Inc.
14120-A Sullyfield Circle
Chantilly, VA 20151-1660
(703) 263-9539
cwps.com
Prepared by:Prepared for:Quote Information:
Version: 1
Quote #: 130843
Delivered: 12/08/2016
Expires: 01/03/2017
CWPS Inc.
Curtis Joachim
Phone:
Email: cjoachim@cwps.com
City of Coppell
Albert Gauthier
255 Parkway Boulevard Post Office Box 9478
Coppell, Tx 75019
agauthier@coppelltx.gov
(972) 462-0022
GSA Schedule#: GS-35F-0563U
Purchase order must be submitted to "Westcon Group North America Inc.
c/o CWPS, Inc."
Notes:
Ext. PricePriceQtyGSA Equipment
$2,490.78$1,245.392Cisco Catalyst 3560-CX 12 Port PoE IP BaseWS-C3560CX-12PC
-S
$226.10$113.052SNTC-8X5XNBD Cisco Catalyst 3560-CX 12 Port PoE IP BaCON-SNT-
WSC312PC
$0.00$0.002North America AC Type A Power CableCAB-TA-NA
$22,613.40$1,256.3018IE-1000 GUI based L2 PoE switch, 2 GE SFP, 8 FE copper portsIE-1000-8P2S-LM
$3,946.32$219.2418SNTC-24X7X4 IE1K with 2 GE SFP 8CON-SNTP-
IE002SLM
$12,085.68$1,510.718Meraki MR84 Cloud Managed APMR84-HW
$1,511.36$188.928Meraki MR Enterprise License 3YR (First Year On Us)LIC-ENT-3YR
$4,408.20$244.9018IE3000/2000 AC Power Module (updated)PWR-IE50W-AC=
$12,531.40$626.57201000BASE-LX/LH SFP transceiver module, MMF/SMF, 1310nm, DOMGLC-LH-SMD++=
$20,050.24$626.57321000BASE-LX/LH SFP transceiver module, MMF/SMF, 1310nm, DOMGLC-LH-SMD++=
$994.96$248.7441000BASE-T SFP transceiver module for Category 5 copper wireGLC-TE++=
$80,858.44GSA Equipment Subtotal
Ext. PricePriceQtyOpen Market Equipment
$4,147.10$2,073.552Catalyst 2960-X 24 GigE PoE 370W, 4 x 1G SFP, LAN BaseWS-C2960X-24PS-L
$260.90$130.452SNTC-8X5XNBD Catalyst 2960-X 24 GCON-SNT-
WSC224SL
$0.00$0.002AC Power cord, 16AWGCAB-16AWG-AC
$97.36$48.68219in RackMount for Catalyst 3560,2960,ME-3400 Compact SwitchRCKMNT-19-
CMPCT=
$4,505.36Open Market Equipment Subtotal
Page 2 of 3CWPS, Inc. 14120-A Sullyfield Circle Chantilly, VA 20151 (p) 703-263-9539 (f) 703-263-2574 www.cwps.com
CWPS Inc.
14120-A Sullyfield Circle
Chantilly, VA 20151-1660
(703) 263-9539
cwps.com
Ext. PricePriceQtyProfessional Services
$17,500.00$175.00100CWPS Professional Services, Hourly, During Normal Business Hours
*Onsite installation of all equipment included.
CWPS-PROSERV-
BUSHRS
$17,500.00Professional Services Subtotal
AmountQuote Summary
$80,858.44GSA Equipment
$4,505.36Open Market Equipment
$17,500.00Professional Services
$102,863.80Total
AmountNo. of PaymentsCash Payment Terms
$85,363.80One-Time1Equipment Total
$17,500.00One-Time1Professional Services Fixed Price Total Price
Thank you for allowing CWPS the opportunity to serve you. We look forward to your decision regarding this quotation and the opportunity to serve you in the
future. The pricing and availability on this quotation are subject to change. Taxes and shipping charges are estimates only, other fees may apply.
Title
Name
Date
Signature Signature
Date
Name
Title
Client CWPS, Inc.
Page 3 of 3CWPS, Inc. 14120-A Sullyfield Circle Chantilly, VA 20151 (p) 703-263-9539 (f) 703-263-2574 www.cwps.com
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2017-3143
File ID: Type: Status: 2017-3143 Agenda Item Consent Agenda
1Version: Reference: In Control: City Secretary
01/04/2017File Created:
Final Action: NorthlakeFile Name:
Title: Consider approval of a Resolution authorizing the sale of approximately
28.938 ± acres of land generally located on the eastern shoreline of
Northlake to Billingsley Pin Oak Partners, Ltd; and authorize the Mayor to
sign and the City Manager to execute any necessary documents.
Notes:
Agenda Date: 01/10/2017
Agenda Number: J.
Sponsors: Enactment Date:
Resolution.pdfAttachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 01/10/2017City Council
Text of Legislative File 2017-3143
Title
Consider approval of a Resolution authorizing the sale of approximately 28.938 ± acres of
land generally located on the eastern shoreline of Northlake to Billingsley Pin Oak Partners,
Ltd; and authorize the Mayor to sign and the City Manager to execute any necessary
documents.
Summary
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Staff Recommendation:
Approval recommended.
Page 1City of Coppell, Texas Printed on 1/6/2017
Master Continued (2017-3143)
Goal Icon:
Sustainable City Government
Business Prosperity
Community Wellness and Enrichment
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 1/6/2017
TM 82712
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, APPROVING THE TERMS AND
CONDITIONS OF A PURCHASE AND SALES AGREEMENT BY
AND BETWEEN THE CITY OF COPPELL, TEXAS AND
BILLINGSLEY PIN OAKS, PARTNERS, LTD, A TEXAS LIMITED
PARTHERSHIP; AUTHORIZING THE CITY MANAGER TO
EXECUTE SUCH AGREEMENT, WHICH IS ATTACHED
HERETO AS EXHIBIT A, FOLLOWING REVIEW BY THE CITY
ATTORNEY; AND, AUTHORIZING THE MAYOR TO EXECUTE
ANY DOCUMENTS OF CONVEYANCE IN CONFORMITY TO
SAID AGREEMENT; REPEALING RESOLUTION 2016-0927.1
AND OTHER PRIOR RESOLUTIONS IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,the City has entered into a contract with Billingsley Pin Oaks, Partners
Ltd., a Texas limited partnership; and
WHEREAS, the City Council find it is in the best interest of the City of Coppell and its
citizens to approve said contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS THAT:
SECTION 1. The City Council hereby approves the terms and conditions of Purchase
and Sales Agreement by and between the City of Coppell and Billingsley Pin Oaks, Partners Ltd,
which is attached hereto and incorporated herein by reference as Exhibit A and hereby authorizes
the City Manager to execute said agreement and, authorize the Mayor to execute documents of
conveyance, after approval by City Attorney.
SECTION 2.That Resolution 2016-0927.1 and any other prior resolution of the City
Council in conflict with the provisions contained in this Resolution are hereby repealed and
revoked.
SECTION 3.Should any part of this resolution be held to be invalid for any reason, the
remainder shall not be affected thereby, and such remaining portions are hereby declared to be
severable.
SECTION 4.This resolution shall take effect immediately from and after its passage,
and it is duly resolved.
[Signature page to follow]
TM 82712
DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this
the ____ day of , 2017.
APPROVED:
Karen Selbo Hunt, Mayor
ATTEST:
Christel Pettinos, City Secretary
APPROVED AS TO FORM:
_________________________________
Robert E. Hager, City Attorney
(REH/gd)
Exhibit A
Representation Agreement
TM 82712
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2017-3141
File ID: Type: Status: 2017-3141 Resolution Agenda Ready
1Version: Reference: In Control: Administration
01/04/2017File Created:
Final Action: Main Street - ResolutionFile Name:
Title: Consider a Resolution authorizing the City Manager and Mayor to
negotiate and execute an amendment to the purchase and sale agreement
with the Coppell Economic Development Foundation dated November 17,
2010, and any necessary agreements and instruments related thereto, to
provide for the conveyance of Lot 1X and Lots 14R through 25R, Block G,
Replat Old Town Addition, for the purpose of reselling such property to
Main Street Coppell, Ltd. for the purpose of expansion of the development.
Notes:
Agenda Date: 01/10/2017
Agenda Number: K.
Sponsors: Enactment Date:
1st Amendment to Purchase and Sale Agreement
Memo.pdf, 1st Amendment to Purchase and Sale
Agreement.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 01/10/2017City Council
Text of Legislative File 2017-3141
Title
Consider a Resolution authorizing the City Manager and Mayor to negotiate and execute an
amendment to the purchase and sale agreement with the Coppell Economic Development
Foundation dated November 17, 2010, and any necessary agreements and instruments
related thereto, to provide for the conveyance of Lot 1X and Lots 14R through 25R, Block
G, Replat Old Town Addition, for the purpose of reselling such property to Main Street
Coppell, Ltd. for the purpose of expansion of the development.
Summary
Page 1City of Coppell, Texas Printed on 1/6/2017
Master Continued (2017-3141)
Main Street Coppell, Ltd. has requested to purchase additional land at the northwest corner
of S. Coppell Road and Burns Street to construct twelve single family homes. This land was
not included in the original Purchase and Sale Agreement; therefore, the Purchase and
Sale Agreement must be amended to allow this land sale.
Fiscal Impact:
[Enter Fiscal Impact Statement Here]
Staff Recommendation:
Economic Development recommends approval.
Goal Icon:
Business Prosperity
Special Place to Live
Page 2City of Coppell, Texas Printed on 1/6/2017
1
MEMORANDUM
To: Mayor and City Council
From: Clay Phillips, City Manager
Date: January 10, 2017
Reference: Consider a resolution authorizing the City Manager and Mayor to negotiate and
execute an amendment to the purchase and sale agreement with the Coppell
Economic Development Foundation dated November 17, 2010, and any necessary
agreements and instruments related thereto, to provide for the conveyance of Lot 1X
and Lots 14R through 25R, Block G, Replat Old Town Addition, for the purpose of
reselling such property to Main Street Coppell, Ltd. for the purpose of expansion of
the development.
2030: Business Prosperity, Special Place to Live
Executive Summary:
Main Street Coppell, Ltd. has requested to purchase additional land at the northwest corner of S.
Coppell Road and Burns Street to construct twelve single family homes. This land was not
included in the original Purchase and Sale Agreement; therefore, the Purchase and Sale Agreement
must be amended to allow this land sale.
Introduction:
The City of Coppell and the Coppell Economic Development Foundation (CEDF) entered into a
Purchase and Sale Agreement to sell approximately 10 acres of the City’s property in Old Town
Coppell on November 17, 2010. The land was conveyed to the CEDF for the purpose of having the
property resold to and developed by Main Street Coppell, Ltd. (MSC). MSC is now ready to buy
additional land for the development of twelve single family residential lots at the northwest corner
of S. Coppell Road and Burns Street. This land was not included in the original Purchase and Sale
Agreement; therefore, the Purchase and Sale Agreement must be amended to enable this
transaction.
Analysis:
The land will once again be conveyed to the CEDF for the purpose of reselling the property (Lots
1X and Lots 14R – 25R, Block G, Replat Old Town Addition) to MSC for the development of the
single family residential lots.
2
Legal Review:
The documents were created by Kevin Laughlin.
Fiscal Impact:
N/A
Recommendation:
Economic Development recommends approval.
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, AUTHORIZING THE CITY MANAGER AND MAYOR TO
NEGOTIATE AND EXECUTE AN AMENDMENT TO THE PURCHASE
AND SALE AGREEMENT WITH THE COPPELL ECONOMIC
DEVELOPMENT FOUNDATION DATED NOVEMBER 17, 2010, AND
ANY NECESSARY AGREEMENTS AND DOCUMENTS RELATED
THERETO, TO PROVIDE FOR THE CONVEYANCE OF LOT 1X AND
LOTS 14R THROUGH 25R, BLOCK G, REPLAT OLD TOWN
ADDITION, FOR THE PURPOSE OF RESELLING SUCH PROPERTY
TO MAIN STREET COPPELL, LTD. FOR THE PURPOSE OF
EXPANSION OF THE DEVELOPMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Coppell (“City”) and the Coppell Economic Development
Foundation (“CEDF”) are parties to a real estate purchase and sale agreement (“the CEDF PSA”)
dated and effective November 17, 2010, regarding the sale of the City’s property in Old Town
Addition (“the Development”) to CEDF for the purpose of having the property resold to and
developed by Main Street Coppell, Ltd. (“MSC”); and
WHEREAS, on or about November 29, 2010, City entered that certain Development
Agreement (“the Development Agreement”) with MSC’s predecessor in interest, CSE
Commercial Real Estate, LP, setting forth the agreement of the City and CSE regarding the
development of the Development; and
WHEREAS, virtually all of the property within the Development has been sold to MSC,
and ultimately to others, such that the Development is nearly built-out; and
WHEREAS, MSC has presented a proposal to the City to develop additional property
owned by the City adjacent to the Development but not originally included in the CEDF PSA; and
WHEREAS, the City Council has approved a fourth amendment to the Development
Agreement to provide for the development of such additional City-owned property; and
WHEREAS, the City Council of the City of Coppell, Texas, finds it to be in the public
interest to authorize the negotiation and execution of an amendment to the CEDF PSA so that such
additional City-owned property may be developed by MSC and others in accordance with the
Development Agreement as amended.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS, THAT:
SECTION 1. The Mayor and City Manager, as appropriate, are hereby authorized to
negotiate and execute an amendment to that certain Purchase and Sale Agreement between the
City and the Coppell Economic Development Foundation dated and effective November 17,
2010, to provide pursuant to the terms of said agreement for the sale to CEDF, acting as an
independent foundation, for resale to Main Street Coppell, Ltd., of the property to be described
as Lot 1X and Lots 14R through 25R, Block G, Replat Old Town Addition, an addition to the
City of Coppell, Dallas County, Texas,, according to the replat approved by the City Council on
January 10, 2017, to be recorded in the Map Records of Dallas County, Texas, (“the Phase IV
Property”), said property to be used and developed in accordance with the Development
Agreement, as amended.
SECTION 2. The Mayor and City Manager, as appropriate, are further authorized to
execute such additional agreements and documents as may be necessary to effect the conveyance
of the Phase IV Property to CEDF as set forth in the CEDF PSA as amended
SECTION 3. This resolution shall take effect immediately from and after its passage,
and it is duly resolved.
DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this
the 10th day of January, 2017.
APPROVED:
Karen Selbo Hunt, Mayor
ATTEST:
Christel Pettinos, City Secretary
APPROVED AS TO FORM:
_________________________________
Robert E. Hager, City Attorney
(kbl:1/5/17:82715)
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2017-3145
File ID: Type: Status: 2017-3145 Agenda Item Consent Agenda
1Version: Reference: In Control: City Secretary
01/05/2017File Created:
Final Action: Legislative AgendaFile Name:
Title: Consider approval of the Legislative Agenda for the 85th Legislative
Session.
Notes:
Agenda Date: 01/10/2017
Agenda Number: L.
Sponsors: Enactment Date:
2017 Legislative Priorities Memo.pdf, Legislative
Priorities 2017.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 01/10/2017City Council
Text of Legislative File 2017-3145
Title
Consider approval of the Legislative Agenda for the 85th Legislative Session.
Summary
Fiscal Impact:
Staff Recommendation:
Approval recommended.
Goal Icon:
Sustainable City Government
Business Prosperity
Page 1City of Coppell, Texas Printed on 1/6/2017
Master Continued (2017-3145)
Community Wellness and Enrichment
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 1/6/2017
1
MEMORANDUM
To: Mayor and City Council
From: Clay Phillips, City Manager
Date: January 5, 2017
Re: Legislative Priorities
2030: All
Introduction: Recently the Council discussed various subjects to be included in the 2017
Legislative Priorities document to be used during the upcoming legislative session. A copy of the
document is included in the agenda packet for review, consideration and adoption.
Analysis: N/A
Legal Review: N/A
Fiscal Impact: N/A
Recommendation: Staff recommends the adoption of the 2017 Legislative Priorities as developed
by Council
CITY OF COPPELL
LEGISLATIVE PRIORITIES 2017
Local Control – The City of Coppell expressly opposes any measures that would limit, reduce,
or remove the local control that municipalities have today regarding their respective abilities to
govern, finance, or otherwise make decisions on behalf of the communities we serve. It is often
said that the best government is that which is closest to the people. There is no level of
government effort closer to the public than locally elected officials who represent municipalities
and other local political subdivisions. What works for one municipality does not necessarily
work in another. The locally elected mayors and city council members are best suited to make
decisions on behalf of their respective communities.
Property Tax Caps – The City of Coppell opposes any and all efforts to implement ad valorem
property tax caps. The well documented and undeniable property tax inequities that occur as a
result of these types of measures alone should be reason enough to oppose this type of legislation
that has been thoroughly debated in recent legislative sessions. In addition, these types of
measures that have been adopted in other states have severely limited the ability of
municipalities and counties to maintain infrastructure, programs and services, the very things that
the public expects from its government.
Revenue Caps – The City of Coppell opposes any legislation or attempt to alter the manner in
which municipalities in the State of Texas currently generate revenues or to require voter
approval of revenue increases.
Voter approval of the budget actions of the Mayor and City Council is accomplished each time a
member of the Council seeks re-election. The above discussion regarding how this type of
measure limits the ability to maintain needed infrastructure, programs and services applies to the
issue.
Expenditure Limitations – The City of Coppell opposes any legislation that would limit the
elected Mayors and City Councils of Texas municipalities from adopting budgets that they deem
appropriate for their respective communities or that would require voter approval for increases in
expenditures.
The City of Coppell employs a very open budgeting process during which there are several
opportunities for the citizens to participate. Texas citizens are protected by the current truth-in-
taxation and tax rate roll-back provisions. Once again, voter approval of the actions of the Mayor
and City Council is accomplished each time they seek re-election.
Sales Tax Sourcing Legislation – The City of Coppell opposes any further changes in the
sourcing of sales tax remittance from the current origin of sale method to any method that would
include destination as the manner in which sales tax remittance is calculated. The City of Coppell
participated in a compromise position developed by a number of cities in a previous legislative
session that was ultimately adopted by the legislature regarding storefront sales verses warehouse
sales.
The City of Coppell has long had an economic development policy designed to attract business-
to-business and warehouse users. The shift from origin to destination based sales tax sourcing
would result in the loss of millions of dollars in revenue annually from Coppell and send those
dollars to municipalities that put forth no effort in the support of the very business that generated
the tax. Several cities on both sides of this issue proposed compromise language during a
previous legislative session that protects the business-to-business sales tax that is important to
cities situated as we are while also protecting the sales tax generated at traditional storefronts that
is important to other cities. This language was ultimately adopted by the legislature.
Streamline Sales Tax Initiative - The City of Coppell opposes any attempt to adopt the
Streamlined Sales Tax (SST) measure as has been discussed in past sessions unless the State of
Texas maintains origin sourcing.
The potential revenue the state would receive should Congress choose to tax the internet fully is
just that, potential revenue. It remains to be seen whether the elected members of the House of
Representatives will pass companion legislation to the Marketplace Fairness Act, legislation that
is more favorable to origin based sales tax states like Texas that has already been passed by the
senate or offer different legislation that would enable full sales taxation of internet sales. Without
that action, the state will not have access to appreciably more revenue from this particular sales
tax source.
Changing the sourcing laws prematurely in expectation of such a move at the federal level will
only redistribute sales tax revenues from one Texas city to another. The compromise on retail
storefront sourcing that was enacted four years ago should be given time to work. Before any
additional measure are considered, a formal and thorough impact analysis should be conducted
that fully discloses the impact that a broader SST adoption would have on the municipalities and
other taxing jurisdictions, such as transit agencies.
We have estimated that up to 20% of total General Fund and other revenues would be lost if a
more comprehensive SST adoption similar to what has been discussed in recent years were to
pass.
State Water Resources – The City of Coppell supports efforts to ensure a safe and dependable
water supply for years to come. This is one of the most important issues for the legislature to
resolve. Anticipated growth will certainly challenge the adequacy of current water resources. The
City of Coppell opposes additional tap fees that would be collected by municipalities to be
forwarded to the state as additional state revenue without providing a direct benefit to the
citizens of the municipality in which the fee was collected.
Transportation – The City of Coppell supports the Regional Transportation Council’s
legislative agenda. Making real, meaningful progress on transportation initiatives is vital as our
state continues to grow rapidly. More specifically, the DFW region continues to grow at a rate
that is simply overwhelming the transportation system. The building of additional highway
capacity is absolutely essential if the region is to continue to thrive as a very important economic
engine for the entire State of Texas. Mass transit via rail must also become a reality in a much
larger scale than currently exists as the continuation of sprawl becomes at some point
unsustainable. This issue should be near the top of the priority list of items the requiring
legislative attention.
Education Funding The City of Coppell supports efforts that would more adequately fund
education from state revenue funds that would also decrease the amount of recapture currently
required of districts such as the Coppell Independent School District. The percent of total state
funding for public education is simply not what it was many years ago. The legislature should
turn attention to developing measures that would adequately fund education in our state.
Collective Bargaining – Oppose any and all efforts to mandate collective bargaining of any
segment of municipal employees, be they public safety or otherwise.
A “one size fits all” approach to labor management does not work. There is little doubt that the
public safety and general quality of life our citizens enjoy will be harmed rather than enhanced
by any mandated collective bargaining as municipalities will be forced to cut services,
potentially even public safety services, to cover the expected increases in costs that are always
associated with the collective bargaining process and the resulting more expensive labor
agreements.
While our community wholeheartedly supports our public safety efforts, our citizens also enjoy
the quality of life offerings that make our community what it is today. Forcing more and more
expenditures to public safety efforts reduces the ability to maintain the overall quality of life our
citizens now enjoy and demand.
Alcoholic Beverage Sales – Oppose any further loosening of the restrictions regarding the
proximity to schools, parks, and churches where alcoholic beverages can be sold.
The community of Coppell has been built with families in mind. Our school system is one of the
best in Texas. We have a very strong faith-based community and our municipal programs offer
great kid-centric services to our families. Our ability to ensure safe and appropriate environments
for these segments of our community is vital.
Oil and Gas Wells – Support any efforts that would provide municipalities more ability to
control the site of oil and gas wells as they relate to residential developments, any occupied
buildings, and environmental sensitive areas such as creeks, rivers and drainage ways.
The proliferation of gas wells in the north Texas area has created concern regarding their
proximity to residences, schools, parks, other occupied buildings and environmentally sensitive
areas. The City of Coppell would support the expansion of our ability to apply greater distance
requirements, noise mitigation standards and other control measures deemed necessary to protect
our citizens from the problems caused by the gas exploration and production process. The
associated air quality that has been well documented is also very important.
Red Light Cameras – Continue to support the current legislation allowing a municipality to
operate red light traffic cameras for the purposes of enhancing public safety at major
intersections. The city of Coppell also encourages the state to utilize the funding it receives from
Red Light Camera citations for the purposes for which it was collected by the state, that being
Trauma funding. Otherwise, the state should cease collecting revenue from cities generated by
this mechanism.
“Dark Store” Taxation – Big box stores have been challenging property tax assessments based
on the “true cash value” which is significantly below the assessed value. Their argument is that
the building was built for a sole function and has little value for other purposes. This is
detrimental to local communities as well as to the State of Texas. We urge the state to expand
the definition of special purpose properties to include retail buildings of greater than 50,000 sq.
ft. to require assessments of value using the “cost method” not “comparable”. If a store is 10
years or less in age, “the sale of a comparable property may not be used in determining the
assessment of the comparable property if it has been vacant for more than one year, has
significant restriction on its use, was sold and is no longer used for its original purpose, or was
not sold in an arm’s length transaction.”
Net neutrality – Internet service providers and governments regulating the Internet should treat
all data on the Internet the same, not discriminating or charging differentially by user, content,
website, platform, application, type of attached equipment, or mode of communication. Internet
traffic includes all of the different messages, files and data sent over the Internet, including, for
example, emails, digital audio files, digital video files, etc. Service network neutrality is the
adherence to the paradigm that operation of a service at a certain layer is not influenced by any
data other than the data interpreted at that layer, and in accordance with the protocol
specification for that layer.
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2016-2979
File ID: Type: Status: 2016-2979 Agenda Item Agenda Ready
5Version: Reference: In Control: Planning
09/06/2016File Created:
Final Action: PD-285-C, Connell Skaggs Addition, Lot 1 & Portion
of Lot 3 (Woodside Village Exp)
File Name:
Title: CONTINUED PUBLIC HEARING:
Consider approval of Case No. PD-285-C, Connell Skaggs Addition, Lot
1 & Portion of Lot 3 (Woodside Village Expansion), a zoning change
request from C (Commercial) to PD-285-C (Planned
Development-285-Commercial), to allow retention of the existing retail
building with additional parking on Lot 1 (5.8 acres) and development of a
two-building, 30,800-square-foot, retail expansion on a portion of Lot 3 (3.6
acres), containing a total of 9.4 acres of property located at 110 & 214 W.
Sandy Lake Road.
Notes:
Agenda Date: 01/10/2017
Agenda Number: 10.
Sponsors: Enactment Date:
Cover Memo.pdf, PostponementRequest
(12-02-2016).pdf, PostponementRequest
(10-24-2016).pdf, Staff Report.pdf, Color
Perspectives (5 pages).pdf, Site Plan (Revised
10-14-2016).pdf, Landscape Plan (Revised
10-13-2016).pdf, Elevations.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 PassApproved09/15/2016Planning & Zoning
Commission
Page 1City of Coppell, Texas Printed on 1/6/2017
Master Continued (2016-2979)
Matt Steer, Sr. Planner introduced this case with exhibits, elevations, material/color board and color
perpectives. He mentioned that 23 notices were mailed to property owners within 200 feet of this
request. There were no responses received in favor or in opposition. There were also 117 courtesy
notices mailed to property owners within 800 feet of this request. He stated that staff is recommending
approval subject to conditions which he read into the record.
Lance Rose, NCA Partners Architecture, 5646 Milton Street, Suite 610, Dallas, Texas, was present to
represent this case, to address questions and stated agreement with staff's recommendation.
Chairman Haas opened the Public Hearing, asking for people who wanted to speak either in favor or
opposition or wanted to comment on this request to come forward. No one spoke.
Chairman Haas closed the Public Hearing.
Vice Chairman Portman motioned to recommend approval subject to the following conditions:
1. There will be additional comments during full engineering plan review.
2. A Replat of the property is required. This will need to accommodate the
encroachment into the 60-foot open space easement as well as include the
dedication of a mutual access easement along the existing and proposed
fire lane easements.
3. Coordinate with the utility company on the north property line for
installation of the required plant material (accent or overstory trees).
4. Correct acreage listed in the title block. This PD contains Lot 1 and a
portion of Lot 3.
5. Revise the parking required for Lot 1 to 373 and adjust the total accordingly.
6. Include a six-foot masonry screening wall with columns expressed every 10
to 30 feet on the west property line of the Site Plan and include details
on the Elevations.
7. As shown on the previous submittal, include the sizes of the existing trees
on the Landscape Plan/Tree Survey. Include an analysis of which of the
trees will be removed with the construction of the six-foot masonry wall
on the western property line. Include tree mitigation/retribution calculations.
8. Ensure the proposed multi-tenant monument signs are setback a minimum
distance of 10 feet from Denton Tap and Sandy Lake Roads.
9. As shown in the previous submittals, consider adding trees in the front
landscape islands.
10. After 75% of the retail space is occupied within the proposed
30,800-square-foot retail expansion, a new parking study for the entire
shopping center will be conducted and submitted to City Staff. If warranted,
the “future parking” shall be constructed as depicted on the Site Plan.
Seconded by Chairman Haas; motion carried (6-0).
Action Text:
Chair Edmund Haas, Vice Chair Glenn Portman, Commissioner Sue
Blankenship, Commissioner Ed Darling, Commissioner Vijay Sarma,
and Commissioner George Williford
6Aye:
2 Pass10/25/2016City CouncilPostponed10/11/2016City Council
Presentation: Matt Steer, Planner, made a presentation to the City Council.
Lance Rose, 5646 Milton St., Ste. 610, Dallas, represented the applicant and answered questions of
the Council.
Mayor Hunt opened the Public Hearing and asked for those who signed up to speak:
1) Matt Kaiser, 10250 Constellation Blvd., Ste. 2850, Los Angeles, CA, Vice President of U.S. Property
Trust, represented the tenant of the adjacent property. The landlord received the zoning notification
letter late and asked that the City Council table the item until the November 8, 2016 meeting in order to
further assess the impacts on the property.
A motion was made by Councilmember Gary Roden, seconded by Councilmember Marvin Franklin,
that this Agenda Item be tabled until the October 25, 2016, City Council meeting. The motion passed
by an unanimous vote.
Action Text:
Page 2City of Coppell, Texas Printed on 1/6/2017
Master Continued (2016-2979)
Councilmember Cliff Long, Councilmember Brianna Hinojosa-Flores,
Mayor Pro Tem Wes Mays, Councilmember Gary Roden,
Councilmember Marvin Franklin, Councilmember Mark Hill, and
Councilmember Nancy Yingling
7Aye:
3 Pass12/13/2016City CouncilPostponed10/25/2016City Council
Presentation: Marcie Diamond, Assistant Director of Planning, read the caption into the record and
presented a letter from Carter Maria Thompson on behalf of the neighbors. The letter requested tabling
the item and continuing the Public Hearing until December 13, 2016.
A motion was made by Mayor Pro Tem Wes Mays, seconded by Councilmember Marvin Franklin, to
continue the Public Hearing until December 13th. The motion passed by an unanimous vote.
Action Text:
Councilmember Cliff Long, Councilmember Brianna Hinojosa-Flores,
Mayor Pro Tem Wes Mays, Councilmember Marvin Franklin,
Councilmember Mark Hill, and Councilmember Nancy Yingling
6Aye:
4 PassApproved12/13/2016City Council
Mayor Hunt read the item into the record and included a letter from the developer requesting a
postponement until the January 10, 2017 City Council meeting. A motion was made by
Councilmember Gary Roden, seconded by Councilmember Cliff Long, to continue the Public Hearing
until January 10, 2017. The motion passed by an unanimous vote.
Action Text:
Councilmember Cliff Long, Mayor Pro Tem Wes Mays, Councilmember
Gary Roden, Councilmember Marvin Franklin, Councilmember Mark Hill,
and Councilmember Nancy Yingling
6Aye:
5 01/10/2017City Council
Text of Legislative File 2016-2979
Title
CONTINUED PUBLIC HEARING:
Consider approval of Case No. PD-285-C, Connell Skaggs Addition, Lot 1 & Portion of
Lot 3 (Woodside Village Expansion), a zoning change request from C (Commercial) to
PD-285-C (Planned Development-285-Commercial), to allow retention of the existing retail
building with additional parking on Lot 1 (5.8 acres) and development of a two -building,
30,800-square-foot, retail expansion on a portion of Lot 3 (3.6 acres), containing a total of
9.4 acres of property located at 110 & 214 W. Sandy Lake Road.
Summary
The following P&Z conditions remain outstanding:
1.There will be additional comments during full engineering plan review.
2.A Replat of the property is required. This will need to accommodate the
encroachment into the 60-foot open space easement as well as include the
dedication of a mutual access easement along the existing and proposed fire lane
easements.
3.After 75% of the retail space is occupied within the proposed 30,800-square-foot
retail expansion, a new parking study for the entire shopping center will be conducted
and submitted to city staff. If warranted, the “future parking” shall be constructed as
depicted on the Site Plan.
4.A tree removal permit will be required prior to the removal of any trees.
5.Submit a revised Site Plan showing the 8’ masonry wall extending to the southern
boundary of the residential lot abutting Weichert Realtors and a revised Elevation
Sheet showing the details of the wall.
Staff Recommendation:
Page 3City of Coppell, Texas Printed on 1/6/2017
Master Continued (2016-2979)
On December 13, 2016, City Council continued the public hearing to January 10, 2017.
On October 25, 2016, City Council continued the public hearing to December 13, 2016.
On October 11, 2016, City Council tabled and continued the public hearing for this ZONING
CHANGE to October 25, 2016.
On September 15, 2016, the Planning Commission recommended approval of this ZONING
CHANGE subject to the above-stated conditions . Commissioners Williford, Sarma, Haas,
Portman, Darling and Blankenship voted in favor; none opposed.
The Planning Department recommended APPROVAL.
Goal Icon:Business Prosperity
Page 4City of Coppell, Texas Printed on 1/6/2017
1
MEMORANDUM
To: Mayor and City Council
From: Gary L. Sieb, Director of Planning
Date: January 10, 2017
Reference: Consider approval Case No. PD-285-C, Connell Skaggs Addition, Lot 1 & Portion of Lot
3 (Woodside Village Expansion), to allow retention of the existing retail building with
additional parking on Lot 1 (5.8 acres) and development of a two-building, 30,800-square-
foot retail expansion on a portion of Lot 3 (3.6 acres), containing a total of 9.4 acres of
property located at 110 & 214 W. Sandy Lake Road
2030: Business Prosperity
Introduction:
The subject property includes the western portion of Woodside Village Shopping Center, encompassing a portion
of the existing retail building (Sprouts, Señor Locos, Urban Air and ATA Karate), the vacant land to the west and a
portion of the existing parking lot. The proposed development includes a two-building, 30,800-square-foot retail
center. The site at the rear of the existing building is proposed to be revised to add parking and to shift the fire lane
easement south, closer to the building. Also proposed is a change in the monument sign on Denton Tap Road to a
multi-tenant sign.
The applicant has revised plans since the initial submittal. The new plans show the 24 parking spaces on the west,
previously shown as “future”, to be installed with the initial construction. With this change, the proposed
development of the site would result in the entire shopping center having a 12 parking space deficiency. Staff is
supporting a condition of the PD to allow a parking deficiency based on this being 1.6% of the total parking required
and the existing shared parking agreement with Iglesia Mundo de Fe Church which abuts this property to the north.
The landscaping does not meet the requirements of the Landscape Ordinance generally due to existing conditions
of the property: the perimeter area on the north of Lot 1 is only five feet; the landscape islands within Lot 1 are not
provided for every 15 parking spaces and the front yard landscaping provided is 27%, not the required 50%. With
the additional 24 parking spaces now being included with the initial construction, the non-vehicular landscape area
is 3,814 square feet deficient. These conditions are acceptable to staff and will be included in the ordinance if
approved.
The proposed elevations include a lighter brown brick color than the existing center. In an effort to provide some
architectural compatibility with the existing buildings, the accent brick is the same color as the brick of the existing
structures to the east. On the front elevations, bronze metal canopies are included above the storefronts. The rear
elevations include brown fabric awnings above the doors and windows with some canopies over the windows.
Analysis:
The applicant requested several postponements of this request since the initial hearing on October 11, 2016 to allow
additional time to discuss various site-related issues with the adjacent property owners. This continuance also
allowed staff to verify the official ownership of adjacent property as provided by the Dallas County Appraisal
2
District. According to DCAD’s records at that time, the adjacent ownership was shown to be Woodside Village
Shopping Center LTD in Rochester, New York, to whom the zoning notice was sent. Subsequently, the property
owner’s address has been corrected at the county and DCAD now shows the property owner’s address to be
Woodside Village Shopping Center LTD/U.S. Property Trust out of Los Angeles, California.
As discussed at the October 11th meeting, the Trust’s major concern was with proper/adequate parking. Subsequent
to that meeting, the applicant addressed this property owner’s concerns via a private parking agreement and the
Trust has withdrawn the letter of opposition. A concern of the adjacent residential property owners to the west of
the shopping center has also been addressed by the applicant agreeing to install an eight foot masonry wall in lieu
of the required 6’ wall. Also, the wall is proposed to extend to the southern boundary of the residential lot directly
abutting Weichert Realtors. This will be updated on the Site Plan if approved.
Because the applicant has revised the proposal to include the construction of the 24 parking spaces on the west with
the initial construction, the Planning and Zoning condition #3 requiring a parking study at 75% occupancy has been
removed from the recommendation below. Conditions of the proposed PD are to grant an overall exception to the
parking requirement of 12 spaces for the entire shopping center, and to grant various exceptions to the landscape
requirements.
On September 15, 2016, the Planning and Zoning Commission unanimously recommended approval of this PD; the
following conditions remain outstanding:
1. There will be additional comments during full engineering plan review.
2. A Replat of the property is required. This will need to accommodate the encroachment into the 60-foot
open space easement as well as include the dedication of a mutual access easement along the existing and
proposed fire lane easements.
3. After 75% of the retail space is occupied within the proposed 30,800-square-foot retail expansion, a new
parking study for the entire shopping center will be conducted and submitted to city staff. If warranted, the
“future parking” shall be constructed as depicted on the Site Plan.
4. A tree removal permit will be required prior to the removal of any trees.
5. Submit a revised Site Plan showing the 8’ masonry wall extending to the southern boundary of the
residential lot abutting Weichert Realtors and a revised Elevation Sheet showing the details of the wall.
Legal Review:
This did not require city attorney review
Fiscal Impact:
None
Recommendation:
The Planning Department recommends approval.
Attachments:
1. Postponement Request Letter (dated December 2, 2016)
2. Postponement Request Letter (dated October 24, 2016)
3. Staff Report
4. Color Perspectives
5. Site plan (Revised to include proposed parking where previously shown as “Future Parking”)
6. Landscape Plan/Tree Survey (Revised to include proposed parking where previously shown as
“Future Parking”)
7. Elevations
2301 Cedar Springs, Suite 200 Dallas, TX 75201 O 214.865.8082 leoncapitalgroup.com
12/02/16
Carter Thompson
Entitlements Manager
Leon Capital Group
2301 Cedar Spring Road
Suite 200
Dallas Texas 75201
RE: Request to Table Case No. PD-285-C, Connell Skaggs Addition, Lot 1 & Portion of Lot
3 - Woodside Village Expansion until January 10, 2017
Dear Mayor and Council Members,
We are formally requesting that the above referenced rezoning case, PD-285-C, be tabled
until January 10, 2017. We have been in contact with the adjacent property owners to
address and find resolutions to their concerns. We are confident that we will have all
matters resolved before the January 10th, 2017 public hearing.
I will be attending the December 13th, 2016 meeting and will be happy to answer any
questions.
We sincerely appreciate your patience,
Carter Maria Thompson
Entitlements Manager
Leon Capital Group
678-953-0254
cthompson@leoncapitalgroup.com
ITEM # 06
Page 1 of 5
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-285-C, Connell Skaggs Addition Lot 1 & Portion of Lot 3
(Woodside Village Expansion)
P&Z HEARING DATE: September 15, 2016
C.C. HEARING DATE: October 11, 2016
STAFF REP.: Matt Steer, Senior Planner
LOCATION: 110 & 214 W. Sandy Lake Road
SIZE OF AREA: 9.3 acres of property
CURRENT ZONING: C (Commercial)
REQUEST: A zoning change request to PD-285-C (Planned Development-285-Commercial),
to allow retention of the existing retail building, additional parking to the rear of
Lot 1 (5.8 acres) and development of a 30,800-square-foot, two-building retail
expansion on a portion of Lot 3 (3.6 acres).
APPLICANT: Owner Engineer
Carter Thompson (Leon Capital Group) Rusty Glover, P.E.
LG 110 & 214 Woodside Coppell, LLC Halff Associates
2301 Cedar Springs, Suite 200 3803 Parkwood Blvd., Suite 800
Dallas, TX 75201 Frisco, Texas 75034
214-489-7175 214-618-4570
cthompson@leoncapitalgroup.com rglover@halff.com
Architect
Lance Rose
NCA Partners Architecture
5646 Milton Street, Suite 610
Dallas, Texas 75206
214-361-9901
lance@ncapartners.com
HISTORY: In 1987, Council approved a Final Plat for the development of this shopping center,
including an approximate 65,000-square-foot anchor grocery store. This store was
originally a Skaggs Alpha Beta and became an Albertsons in the mid-1990s.
Albertsons closed in June 2008. A Special Use Permit for Sprouts was approved
in December 2008 to occupy 28,900 square feet of this space. In May of 2015,
Council approved a Special Use Permit for Urban Air to be located to the east of
Sprouts, containing 28,900 square feet. Subsequently, Urban Air and ATA Karate
ITEM # 06
Page 2 of 5
were constructed, containing 28,340 square feet, 4,000 square feet, respectively. A
shared parking agreement has been in place since September 1986 for the four lots
of the Connell Skaggs Addition. On March 24, 2016, the Planning and Zoning
Commission approved a Site Plan Amendment for Señor Locos on Lot 1 which
allowed the re-occupancy of a retail space for a 6,040-square-foot restaurant with a
640-square-foot outdoor patio and façade improvements (abutting the ATA
Karate). At the same Planning and Zoning Commission meeting, a Site Plan
Amendment for Mi Cocina was approved on Lot 2 (abutting Denton Tap) which
allowed the re-occupancy of a vacant restaurant (formerly Sfizio’s) and retail space
for a 4,900-square-foot restaurant, with a 470-square-foot outdoor patio.
Subsequent to the approval of these restaurants, the cross parking agreement for the
overall shopping center was amended, which states that each of the lots will need
parking independent of each other, or will provide sufficient parking through the
use of separate shared parking agreements.
HISTORIC COMMENT: There is no historic significance associated with the subject property.
TRANSPORTATION: Sandy Lake is a recently widened four-lane divided thoroughfare within an
approximate 112-foot right-of-way.
SURROUNDING LAND USE & ZONING:
North – Iglesia Mundo de Fe, Ballet Academy and Taco Bell; PD-207-C
(Planned Development- 207-Commercial) and C (Commercial)
South – Arbor Manors and Retail; PD-214R-C (Planned Development-214-
Commercial) and R (Retail)
East – 7/11 Convenience Store/Gas Station on Lot 4 and Goodyear, Ifratelli’s, Mi
Cocina, etc. on Lot 2; C (Commercial)
West – Office and Residential; C (Commercial) and SF-12 (Single Family-12)
COMPREHENSIVE PLAN:
The Comprehensive Plan shows this property as suitable for Mixed Use
Community Center uses (no residential).
DISCUSSION: The property under consideration includes Lot 1 and a portion of Lot 3 of the
Woodside Village Shopping Center. Lot 1 has an existing retail building (Sprouts,
Señor Locos, Urban Air and ATA Karate). Lot 3 is the western lot that has vacant
land and an existing parking lot. The rear of the existing building on Lot 1 is
proposed to be revised to add parking and to shift the fire lane easement south,
closer to the building. Also proposed on Lot 1 is a change in the monument sign
on Denton Tap Road. Currently, Lot 1 is configured as a flag lot with a drive
leading to Denton Tap Road along the north end of this development. The existing
“Woodside Village” monument sign located on the north side of the drive is
proposed to be changed to a multi-tenant sign for the current tenants of Lot 1, future
tenants of Lot 3 and the outparcel at the southwest corner of Lot 3 (not included as
a part of this request). The “Woodside Village” monument sign located on the east
side of the drive on Sandy Lake Road is proposed to be removed and a multi-tenant
sign for Lot 3 is proposed to be added approximately 75 feet to the east. Both of
ITEM # 06
Page 3 of 5
the proposed signs are required to be setback a minimum of 10 feet from the right-
of-way. This is listed as a condition of approval within the recommendation.
Parking/Site Plan:
When this property was platted in the 1980’s, the anchor store platted the shopping
center into four lots including the grocery store and parking on one lot, the 7/11 on
the corner lot, the strip retail nearest to Denton Tap Road as a separate lot and a
portion of the parking lot on the westernmost lot. An agreement between the
properties provided for mutual access, shared parking and utilities among these
separately platted lots. When the Site Plan Amendments for Señor Locos and Mi
Cocina were approved in March, a parking analysis was done exhibiting that each
would have sufficient parking under the shared parking/cross parking agreement of
the center. After the plans were submitted for permitting, the parking agreement
was amended, now requiring each of the lots to park independently, or provide
sufficient parking through the use of shared parking agreements. Per the City
Attorney, this amendment to the shared parking agreement does not retroactively
change the action of the Planning and Zoning Commission nor the parking plan
submitted and approved for the Mi Cocina or Señor Locos cases.
The parking analysis provided by the applicant includes the entire shopping center
as if the cross parking agreement was still in place. Within this parking analysis,
the proposed development would leave the entire shopping center 37 parking spaces
deficient of the requirements. With the construction of the 24 "future parking
spaces" depicted on the west side of Lot 3, the center would still be 13 parking
spaces deficient of meeting the requirements. For three reasons, Staff is
comfortable recommending a condition of the PD allow a parking deficiency of 37
spaces. First, the 24 future spaces will be required to be constructed, if warranted.
Second, in an analysis of the comparable Tom Thumb shopping center to the east,
a parking variance was allowed in 1996 giving a 48 parking space variance. There
is seldom, if ever, a parking shortage in that center. Third, there is a parking
agreement in place with Iglesia Mundo de Fe to the north allowing the sharing of
100-110 parking spaces. This could reduce the parking need if the employees were
required to park offsite (on the church property) or to the rear in the not so
desirable/accessible spaces.
Tree Survey/Landscape Plan:
Although the existing tree sizes are not indicated on the current plan, in the previous
submittal, they were. The nine existing tree species and sizes are as follows: three
20-25 caliper-inch Shumard Oaks, two 13-caliper inch Cedar Elms, one seven-
caliper inch Cedar Elm, two Hackberries (six and eleven caliper-inches) and one
Red Mulberry eight caliper inches). All of which are shown to be saved; although,
when the required six-foot masonry wall is constructed on the western property
line, the Hackberries and Mulberry may need to be removed. The sizes of the
existing trees shall be included on the current Landscape Plan/Tree Survey and an
analysis of the removal and mitigation is needed. This is listed as a condition of
staff’s recommendation.
ITEM # 06
Page 4 of 5
There are ten Eastern Red Cedars, twelve Live Oaks and three Crape Myrtles
proposed to be planted on the west boundary of the site to provide an evergreen
living screen in addition to the required six-foot masonry screening wall between
this commercial use and the residential to the west. Twenty-two Bur Oaks are
proposed to be planted in the parking lot islands, fulfilling the “interior”
landscaping requirements of the Landscape Ordinance. The northern perimeter
requires seven overstory trees. There are nine Crepe Myrtles shown in this area.
Because Crepe Myrtles are considered accent trees (permitted at a ratio of three to
one in relation to overstory trees), they only account for three of the seven overstory
trees required. An additional four overstory or 12 accent trees are needed in this
area. The Landscape Architect has agreed to confirm the type of trees (accent
and/or overstory) allowed within the 15-foot Power/Phone Easement and revise the
plans accordingly. Because Lot 1 is being included as part of this request, the
developer is providing a hedge row along Sandy Lake Road to better screen the
parking area that is considered legal/nonconforming in regards to the interior
landscaping.
As it relates to landscape areas, this Landscape Plan does not meet the requirements
of the Zoning Ordinance and requires the following exceptions (listed as PD
Conditions):
1. The perimeter area on the north of Lot 1, only five feet of landscape area is
provided (existing developed condition),
2. The landscape islands within Lot 1 not spaced within the parking area every 15
parking spaces (existing developed condition),
3. The “future parking area” is located within the 60-foot open space area and will
cause a non-vehicular landscape area deficiency of 3,814 square feet on Lot 3.
4. The non-vehicular front yard landscaping is 27%, not the required 50% on
Lot 3.
Elevations/Attached Signage:
The proposed elevations include a lighter brown brick color than the existing center.
In an effort to provide some architectural compatibility with the existing buildings,
the accent brick is the same color as the brick of the existing structures to the east.
On the front elevations, bronze metal canopies are included above the storefronts.
The rear elevations include brown fabric awnings above the doors and windows
with some canopies over the windows. Special attention to these elevations has
been given, as they serve as the secondary entrances to the businesses due to a
significant amount of parking located in the rear of the site. The attached signage
is shown on the color elevations and perspectives to demonstrate how it will appear
when fully leased. These do not represent the exact occupants nor comply with the
signage requirements. It is noted that the signage will need to meet the requirements
of the sign ordinance. Blade signage is proposed within the center as allowed by
the recently amended sign ordinance.
At this time, staff is comfortable in recommending approval of this case with the
list of PD conditions (exceptions to the ordinance), as this is an infill development
with existing site conditions which this proposal improves upon.
ITEM # 06
Page 5 of 5
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of this request subject to the following conditions being met:
1. There will be additional comments during full engineering plan review.
2. A Replat of the property is required. This will need to accommodate the encroachment i nto the
60-foot open space easement as well as include the dedication of a mutual access easement along
the existing and proposed fire lane easements.
3. Coordinate with the utility company on the north property line for installation of the required plant
material (accent or overstory trees).
4. Correct acreage listed in the title block. This PD contains Lot 1 and a portion of Lot 3.
5. Revise the parking required for Lot 1 to 373 and adjust the total accordingly.
6. Include a 6-foot masonry screening wall with columns expressed every 10 to 30 feet on the west
property line of the Site Plan and include details on the Elevations.
7. As shown on the previous submittal, include the sizes of the ex isting trees on the Landscape
Plan/Tree Survey. Include an analysis of which of the trees will be removed with the construction
of the six-foot masonry wall on the western property line. Include tree mitigation/retribution
calculations.
8. Ensure the proposed multi-tenant monument signs are setback a minimum distance of 10 feet from
Denton Tap and Sandy Lake Roads.
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. Color Perspectives (5 pages, 11x17)
2. Site Plan
3. Landscape Plan/Tree Survey
4. Elevations
06 SEPTEMBER 2016
COPPELL, TEXASCONNELL SKAGGS ADDITION LOTS 1 & 3 (WOODSIDE VILLAGE)
06 SEPTEMBER 2016
COPPELL, TEXASCONNELL SKAGGS ADDITION LOTS 1 & 3 (WOODSIDE VILLAGE)
06 SEPTEMBER 2016
COPPELL, TEXASCONNELL SKAGGS ADDITION LOTS 1 & 3 (WOODSIDE VILLAGE)
06 SEPTEMBER 2016
COPPELL, TEXASCONNELL SKAGGS ADDITION LOTS 1 & 3 (WOODSIDE VILLAGE)
06 SEPTEMBER 2016
COPPELL, TEXASCONNELL SKAGGS ADDITION LOTS 1 & 3 (WOODSIDE VILLAGE)
MANHOLE
MANHOLE
MANHOLE
MANHOLE
(TYP)
BOL
(TYP)
BOL
& BRICK WALL
STONE COLUMN ASPHALT INLET
GRATE
INLET
GRATE
INLET
GRATE
INLET
MAILBOX
ELEC
BOX
ELEC
BOX
ELEC
BOXBRICK
SIG
N
BRICK
SIGN
VAULT
PHONE
VAULT
VERIZON
VAULT
VERIZON
VAULT
TRANSFORMER
NO PARKING
AREA
(TYP)
BRICK BUILDING
EXISTING 1 STORY
BRICK BUILDING
EXISTING 1 STORY
5
20
FH
FH
FH FH
FH
ah1820HALFFI:\31000s\31213\CADD\Sheets\C101-SP-31213.dgnPDF_2D_MON_FW_MR_300.pltDesign10/14/20166:46:32 AMSheet Number
Sheet Title
Checked By:
Drawn By:
Project No.:
Issued:No.DateDescriptionRevisionScale:AS NOTED TBPE FIRM #F-312FAX (214) 618-4574TEL (214) 618-4570FRISCO, TEXAS 75034-86403803 PARKWOOD BLVD, SUITE 80031213
10/14/2016
CAD
RRG
PRELIMINARY
FOR INTERIM REVIEW ONLY
DATE
P.E. NO.
86257
NAME
TBPE FIRM #F-312
RUSTY R. GLOVER
OF:SUPERVISION THE UNDER OR BY
PREPAREDWERE THEY PURPOSES.
CONSTRUCTIONOR BIDDING
PERMIT,APPROVAL, REGULATORY
FORINTENDED NOT AND REVIEW
THESE DOCUMENTS ARE FOR INTERIM
10/14/2016COPPELL, TEXASCOCO
PP
ICV
ICV
LP
LP
LP
PP PP
M
MANHOLE
STM SEW
S
MANHOLE
SAN SEW
S
MANHOLE
SAN SEW
M
MANHOLE
STM SEW
S
MANHOLE
SAN SEW
S
MANHOLE
SAN SEW
S
MANHOLE
SAN SEW
WM
WM
WV
WV
WV
WV
WV
WV
WV
WV
BOL
15' POWER ESMTVOL 88006, PG 589625' DRAIN ESMTVOL 98093, PG 511460' OPEN SPACE AREAVOL 88006, PG 589620' BLDG LINE
VOL 88006, PG 5896
60' OPEN SPACE AREA
VOL 88006, PG 5896
30' BLDG LINE
VOL 88006, PG 5896
60' OPEN SPACE AREA
VOL 88006, PG 5896
15' POWER & PHONE ESMT
VOL 88006, PG 5896
"POWELL"
1/2" IRF
CAP
W/YELLOW
1/2" IRF
"POWELL"
1/2" IRF
"X" FND
"X" FND
16.5'x25' PUMP
WATER SERVICE ESMT
VOL 88006, PG 5896
W SANDY LAKE ROAD(85' RIGHT-OF-WAY)
10' GAS ESMT
VOL 88006, PG 5896
1/2" IRF
"5310"
1/2" IRF
"1928"
1/2" IRF
1.0'
3.2'
1.7'
3.00'
WITNESS BEARS
1/2" IRS FOR
POINT FOR CORNER
FNC
0.4' ON
FNC
1.0' ON
FNC
0.6' ON
BLDG
0.3' OFF
BLDG
0.3' OFF
30' FIRE LANEVOL 88006, PG 5896FIRE LANE &
ACCESS ESMT
VOL 98093, PG 5130
82.00'SOUTH68.00'SOUTH30'60'd = 259.89'
"TXHS"
1/2" IRS
ELECTRIC ESMT
VOL 2001165, PG 45
10' POWER ESMT
VOL 88006, PG 5896
BRICKONE STORY BASIS OF BEARINGS20'10' POWER ESMTVOL 88006, PG 5896"X" SET
85'"X" SETOF CURB4.8' TO BACK 15'x15' POWER ESMT
14'x12.5' ON SUBJECT
PROPERTY
VOL 88006, PG 5896
15'x15' POWER ESMT
VOL 88006, PG 5896
N 89°43'31" E 370.92'
44.00'
N 89°43'31" E
6.00'
N 89°43'31" E
S 89°43'31" W 134.01'N 00°17'54" E 568.19'L=291.83
'
R=1699.30
'
CH
=N83
°
58
'
52
"
W
291.47
'SOUTH 265.12'SOUTH 185.00'10' LANDSCAPE BUFFER15' LANDSCAPE BUFFER
ZONED: SF-12
M.R.D.C.T.
VOL 42, PG 95
SHADYDALE ACRES
TRACT 6, BLOCK C
ZONED: SF-12
M.R.D.C.T.
VOL 42, PG 95
SHADYDALE ACRES
TRACT 3, BLOCK C
ZONED: SF-12
M.R.D.C.T.
VOL 2005180, PG 101
SHADYDALE ACRES
LOT 3R, BLOCK C
ZONED: SF-12
M.R.D.C.T.
DOC No 20070189095
SHADYDALE ACRES
LOT 4R1, BLOCK C
ZONED: SF-12
M.R.D.C.T.
DOC No 20070189095
SHADYDALE ACRES
LOT 4R2, BLOCK C
ZONED: PD-207-C
M.R.D.C.T.
VOL 88006, PG 5896
CONNELL SKAGGS ADDITION
LOT 3
TRACT 1
ZONED: PD-207-C
M.R.D.C.T.
VOL 88006, PG 5896
CONNELL SKAGGS ADDITION
LOT 1
TRACT 2
ZONED: PD-207-C
M.R.D.C.T.
VOL 2001165, PG 45
DENTON TAP DEVELOPMENT
LOT 2R, BLOCK A
REPLAT AND MINOR PLAT
ZONED: PD-207-C
2005076, PG 7605 O.P.R.D.C.T.
145 FITNESS COURT, LLC VOL
ZONED: PD-214R2-C
INT201000272924
BLOCK A, LOT 1
ARBOR MANORS AMENDED 10' POWER ESMT30' BLDG LINEVOL 88006, PG 5896FIRE LANE &
ACCESS ESMT
VOL 98093, PG 5118
10' GAS ESMTZONED: PD-207-C
M.R.D.C.T.
VOL 88006, PG 5896
CONNELL SKAGGS ADDITION
LOT 2
N 89°43'31" E 662.00'35.00'SOUTHS 89°43'31" W 235.00'47.00'SOUTH51.67'
S 89°43'31" W
SOUTH 254.16'100.67'
N 89°43'31" E
SOUTH 175.00'N 89°51'21" E 491.69'
R= 1699.30'
T= 14.16
L= 28.32 DENTON TAP ROAD10' LANDSCAPE BUFFER
EX. 30' FIRE LANE
(VOL 88006, PG 5896)
AND PROPOSED
MUTUAL ACCESS
EX. 30' FIRE LANE
(VOL 88006, PG 5896)
AND PROPOSED
MUTUAL ACCESS
EX. 30' FIRE LANE
(VOL 88006, PG 5896)
AND PROPOSED
MUTUAL ACCESS
12
14
12
12
7
14 16
15
15
13
7
3
TRACT 'A'262'212'
FUTURE PAD
RESTAURANT
BY OTHERS
DUMPSTER
9' (TYP.)18' (TYP.)18' (TYP.)9' (TYP.)
30' R
30' R
20' R
30' R
27'117'68'
63'
126'108'
108'
24'
24'24'100'
PLANTING
ISLANDISLAND
PLANTING
LANDSCAPE
FEATURE
30' R
10' R
135'
108'
21 3
15 15
14 9
11
13 24'5'
5'
10'
2'
49'145.3'92.6'
15'45.1'
10.4'152'15'131'
8.3'24'19'28'24'36'24'18'15.6'78'
61 S.F.
RISER RM
BLDG 'A'
17,900 S.F.60'163'RETAIL
9,842 S.F.15' WALK THRU76'BLDG 'B'
12,900 S.F.
RESTAURANT
2,972 S.F.
RISER RM
62 S.F.
RETAIL
5,518 S.F.
RETAIL
4,348 S.F.
RESTAURANT
2,007 S.F.RETAIL
6,087 S.F.
74'161'
93.4'27'6'
PATIO
289 S.F.PATIO 340 S.F.
4
ACCESS
AND MUTUAL
24' FIRE LANE
PROPOSEDACCESSAND MUTUAL24' FIRE LANEPROPOSEDACCESS
AND MUTUAL
24' FIRE LANE
PROPOSED
MUTUAL ACCESSAND PROPOSED(VOL 88006, PG 5896)EX. 30' FIRE LANEN
REVISED JULY 7TH, 2014)
(MAP NUMBER 48113C0155K
NO FLOODPLAIN ON SITE
EXISTING OVERHEAD ELECTRIC
ASPHALT
PROPERTY LINE
460
461
EXISTING MAJOR CONTOUR LINE
EXISTING MINOR CONTOUR LINE
EASEMENT LINE
PP POWER POLE
SANITARY SEWER MANHOLE
WV WATER VALVE
FH FIRE HYDRANT
EXISTING FIBER OPTIC
WM WATER METER
LEGEND:
EXISTING WATER LINE
EXISTING UNDERGROUND ELECTRIC
EXISTING TELEPHONE LINE
EXISTING GAS LINE
EXISTING SANITARY SEWER
FOR
BY
TBPE FIRM #F-312
TEL (214) 618-4570
FRISCO, TEXAS 75034-8640
3803 PARKWOOD BLVD, SUITE 800
285'
242
'C1.01
PLAN
SITE
356 DEVELOPMENT
1007550250
SCALE: 1"=50'
EXISTING FIRE HYDRANT
EXISTING FIRE HYDRANT EXISTING FIRE HYDRANT
EXISTING FIRE HYDRANT
EXISTING 2 - 14' CURB INLETS
EXISTING 2 - 14' CURB INLETS
EXISTING FIRE HYDRANT
TO REMAIN
EXISTING MONUMENT SIGNS
TO BE REMOVED
EXISTING MONUMENT SIGN
TO REMAIN
EXISTING MONUMENT SIGN
PROPOSED MONUMENT SIGN
SITE PLANWOODSIDE VILLAGE285'278'124'
PROPOSED FIRE LANE
EXISTING FIRE LANE TO BE ABANDONED
LOCATION MAP
N.T.S.
SANDY LAKE
PARKWAY
DENTON TAPBLVD
COPPELL RDCOPPELL RDHEARTZ RDBETHEL SCHOOL RD
PLANTATION RD
SITE
TO REMAIN
EXISTING PARKING
9' (TYP.)18' (TYP.)9' (TYP.)18' (TYP.)SITE PLAN
SIGNS TO REMAIN
EXISTING MONUMENT
PROPOSED MONUMENT SIGNSIGN TO BE REMOVED
EXISTING MONUMENT
EVERY 10' TO 30'
WALL WITH COLUMNS EXPRESSED
PROPOSED 6' MASONRY SCREENING
CITY OF COPPELL, DALLAS COUNTY, TEXAS
GEORGE JACK SURVEY,ABSTRACT NO. 694
9.4 ACRES
VOL. 88006, PG. 5896
LOTS 1 & 3 (WOODSIDE VILLAGE) SITE PLAN
CONNELL SKAGGS ADDITION
OF BUILDINGS ON LOT 3
7. EMPLOYEES REQUIRED TO PARK AT BACK
6. 18' DEEP DOUBLE PARKING ROWS
LINE AND 15' ALONG THE SOUTH PROPERTY LINE
10' ALONG THE NORTH AND WEST PROPERTY
5. 60' OPEN SPACE AREA TO BE REDUCED TO
4. LANDSCAPE DEFICIENCY OF 4,023 SQ. FT.
3. FRONT YARD LANDSCAPING DEFICIENCY
2. PARKING SHORTAGE
1. OFF PREMISE SIGNAGE
PD CONDITIONS:
ENGINEER:
214-618-4570
CONTACT: RUSTY GLOVER, P.E.
FRISCO, TEXAS 75034
3803 PARKWOOD BLVD., SUITE 800
HALFF ASSOCIATES
SURVEYOR:
214-346-6200
CONTACT: ANDY SHAFER, RPLS
RICHARDSON, TEXAS 75081
1201 NORTH BOWSER ROAD
HALFF ASSOCIATES
OWNER / DEVELOPER:
972-250-5820
CONTACT: JEFF STRONG
DALLAS, TEXAS 75244
4300 SIGMA ROAD, SUITE 100
356 DEVELOPMENT
SITE DATA SUMMARY TABLE
ITEM
EXISTING ZONING PD-207-C PD-207-C PD-207-C PD-207-C PD-207-C PD-207-C
PROPOSED USE RETAIL RETAIL RESTAURANT RESTAURANT RETAIL RETAIL
PROPOSED USE AREA 9,842 SF 6,087 SF
2,2296 SF TOTAL
289 SF PATIO=
2,007 SF REST. +
3,312 SF
340 SF PATIO=
2,972 SF REST. +
4,348 SF 5,518 SF
BUILDING AREA BUILDING A - 17,900 SF BUILDING B - 12,900 SF
BUILDING HEIGHT BUILDING A - 32' MAX.BUILDING B - 32' MAX.
REQUIRED PARKING 1/200= 50 1/200= 31 1/100= 23 1/100= 34 1/200= 22 1/200= 28
REQUIRED PARKING TOTAL 188
PROVIDED PARKING 225
LOT COVERAGE BUILDING A - 8%BUILDING B - 6%
FLOOR AREA RATIO BUILDING A - 0.8 : 1 BUILDING B - 0.6 : 1
PARKING SUMMARY TABLE
STANDARDS)
(BASED ON TODAYS
PARKING REQUIRED:
06/25/1987 SITE PLAN)
(AS APPROVED ON
PARKING REQUIRED:
PARKING PROVIDED:
LOT 1 373 269 344
LOT 2 175 173 153
LOT 3 188 245 225
LOT 4 15 -17
(201500332760)
LIFE CHURCH
AGREEMENT WITH
SHARED PARKING
--100
TOTAL 751 687 839
TREE #1
TREE #2
TREE #3
TREE #4
TREE #5
TREE #6
TREE #7
TREE #8
TREE #9
FH
FH
COCO
PP
ICV
ICV
MANHOLE
MANHOLE
LP
LP
LP
PP PP
STM SEW
MANHOLE
SAN SEW
MANHOLE
SAN SEW
MANHOLE
MANHOLE
MANHOLE
STM SEW
MANHOLE
SAN SEW
MANHOLE
SAN SEW
MANHOLE
SAN SEW
MANHOLE
WM
WM
WV
WV
WV
WV
WV
WV
WV
WV
STONE COLUMN
& BRICK WALL
INLET
GRATE
INLET
GRATE
INLET
GRATE
INLET
ELEC
BOX
ELEC
BOX
ELEC
BOX
VAULT
PHONE
VAULT
VERIZON
VAULT
VERIZON
VAULT
TRANSFORMER
EXISTING 1 STORY
BRICK BUILDING
EXISTING 1 STORY
BRICK BUILDING
FH FH
30" RCP
30" RCP
EX. 10' x 8' BOX CULVERTEX. 10' x 8' BOX CULVERT25' DRAIN ESMTVOL 98093, PG 511460' OPEN SPACE AREAVOL 88006, PG 589630' BLDG LINE
VOL 88006, PG 5896
60' OPEN SPACE AREA
VOL 88006, PG 5896
1/2" IRF
"POWELL"
1/2" IRF
W/YELLOW
CAP
1/2" IRF
"POWELL"
"X" FND
"X" FND
10' GAS ESMT
VOL 88006, PG 5896
1/2" IRF
1/2" IRF
"5310"
1/2" IRF
"1928"
1.0'
3.2'
1.7'
POINT FOR CORNER
1/2" IRS FOR
WITNESS BEARS
1
(
3.00'
FNC
0.4' ON
FNC
1.0' ON
FNC
0.6' ON
FNC
1.5' ON
BLDG
0.3' OFF
BLDG
0.3' OFF
30' FIRE LANE
VOL 88006, PG 5896
30'60'1/2" IRS
"TXHS"
10' POWER ESMT
VOL 88006, PG 5896
ONE STORYBRICK20'"X" SET
"X" SET4.8' TO BACKOF CURB15'x15' POWER ESMT
14'x12.5' ON SUBJECT
PROPERTY
VOL 88006, PG 5896
15'x15' POWER ESMT
VOL 88006, PG 5896
1
(
1
(
44.00'
1
(
6.00'
6
:
1
(
L=291.83'R =1699.30'CH=N835 8'5 2"W 291.47 'SOUTH 265.12'SOUTH 185.00'10' LANDSCAPE BUFFER15' LANDSCAPE BUFFER
TRACT 1
LOT 3
CONNELL SKAGGS ADDITION
VOL 88006, PG 5896
M.R.D.C.T.
ZONED: PD-207-C
TRACT 2
LOT 1
CONNELL SKAGGS ADDITION
VOL 88006, PG 5896
M.R.D.C.T.
ZONED: PD-207-C
M.R.D.C.T.
ZONED: PD-207-C
145 FITNESS COURT, LLC
VOL 2005076, PG 7605
O.P.R.D.C.T.
ZONED: PD-207-C
CONNELL SKAGGS ADDITION
1
(
SOUTH47.00'6
:
51.67'SOUTH 254.16'1
(
100.67'SOUTH 175.00'1
(
R= 1699.30'
T= 14.16
L= 28.32
30' FIRE LANE
VOL 88006, PG 5896
10' LANDSCAPE BUFFER
IC
36
IC
60
LAWN, TYP.
QM
17
IC
25
EC
360
LAWN, TYP.
LI
3
QV
12
JV
10
EC
74
QM
7
AG
157
NT
408
NT
308
NT
438
EC
51
EC
55
IC
126
10'-0"
LANDSCAPE
BUFFER
E.1
EXISTING
TREE, TYP.
TYP.
FRONTYARD
BENCH, TYP.
PEDESTRIAN
POLE LIGHT, TYP.
QM
3
15'-0"LANDSCAPEBUFFERIC
1210'-0"LANDSCAPEBUFFER ZONEIC
102 E.1TYP.
25'-0"
DRAINAGE
EASEMENT
160 SANDY LAKE ROAD
140 SANDY LAKE ROAD
LI
9
COORDINATE W/
UTILITY COMPANY
FOR TYPE OF TREES ALONG
NORTH PROPERTY LINE
6'-0" HEIGHT MASONRY
SCREENING WALL W/
COLUMNS AT
EVERY 30'-0" -REF
ARCH FOR DETAIL
LI
9
EXISTING TREE
TO BE REMOVED,
TYP.
MONUMENT
SIGN - REF.
CIVIL
garthoff design
landscape architecture
5646 milton, suite 606
dallas, texas 75206
214.750.4727
www.garthoffdesign.com
L1.1
LANDSCAPE
PLAN/TREE
SURVEY
REVISIONS:
ISSUE:
10.14.16 SITE PLAN COPPELL, TEXASCONNELL SKAGGSADDITION LOTS 1 & 3(WOODSIDE VILLAGE)A SITE
PLAN
10.14.16
SCALE : 1" = 30'-0"
0 15 30 60 SAETSTA
32
O
2 1
ET XFSHNAE.M GA
T
R
HFOFSHRUBS / ORNAMENTAL GRASSES / GROUNDCOVERS
PLANT SCHEDULE
BOTANICAL NAME/
COMMON NAME
MIN.
CAL.
MIN.
HEIGHT
MIN.
SPREAD
CONTAINER/
ROOTBALL SPACINGSYM.QUANT.REMARKS
CYNADON DACTYLON/
COMMON BERMUDAGRASS
TREES
JUNIPERUS VIRGINIANA/
EASTERN RED CEDAR
N/A 8'5'B&B PER PLAN FULL TO GROUND, MATCHED
QUERCUS MACROCARPA/
BUR OAK
SINGLE STRAIGHT TRUNK,
FULL CANOPY, MATCHED
4"12'4'PER PLAN100 GAL.
ACCESSORIES
4" X 1/8" STEEL EDGE COL-MET, 972-494-3900
E.1 GRAY/METALLIC GALVANIZED
DESCRIPTION REMARKSCOLORFINISHSYMBOL
SOLID SOD AS DESIGNATED ON PLANS
ABELIA X 'EDWARD GOUCHER'/
EDWARD GOUCHER ABELIA
24"24"5 GAL.36" O.C.AG
ILEX CORNUTA 'DWARF BURFORD''/
DWARF BURFORD HOLLY
30"30"7 GAL.36" O.C.IC
LAGERSTROEMIA INDICA X FAURIEI 'NATCHEZ'/
NATCHEZ CRAPE MYRTLE
N/A 10'5'45 GAL.PER PLAN MULTI-TRUNK, 5 CANE MIN, FULL
CANOPY, MATCHED
EUONYMUS COLORATUS FORTUNEI/
PURPLE WINTER CREEPER
4" POTS 24" O.C.EC
6"12"FULL-ROOTED POTS, VIGOROUS
GROWTH AT TIME OF PLANTING
10 JV
LI
QM
21
27
NASSELLA TENUISSIMA/
MEXICAN FEATHER GRASS
NT
1 GAL.18" O.C.12"12"
157
540
325
1,154
OWNER:
356 DEVELOPMENT, LLC
4300 SIGMA ROAD, SUITE 100
DALLAS, TEXAS 75244
PH: 972.250.5850
CONTACT: SEAN PORTER
EMAIL: sporter@capstonecommerical.com
TRACT 1
(FEE PARCEL)
5.772 ACRES (251,410 S.F.)
LOT 1, BLOCK 1
CONNELL SKAGGS ADDITION
VOL. 88006, P.G. 5896
CITY OF COPPELL DALLAS COUNTY, TEXAS
IRRIGATION NOTE:
ALL LANDSCAPE AREAS SHALL 100% HEAD TO HEAD COVERAGE BY AUTOMATIC, UNDERGROUND
IRRIGATION AND SHALL INCLUDE: 4" POP-UP SPRAY HEADS (LAWN AREAS), DRIP TUBING
(SHRUBS/ORNAMENTAL GRASSES), STREAM BUBBLERS (TREES), AND RAIN/FREEZE SENSORS.
IRRIGATION SYSTEM PLANS WILL CONFORM TO THE CITY OF COPPELL ORDINANCES AND ALL APPLICABLE
CODES AND REGULATIONS AND WILL BE SUBMITTED ALONG WITH BUILDING PERMIT APPLICATIONS.
MAINTENANCE NOTES:
THE OWNER, TENANT, AND THEIR AGENT, IF ANY SHALL BE JOINTLY AND SEVERALLY RESPONSIBLE FOR THE
MAINTENANCE OF ALL LANDSCAPING. ALL REQUIRED LANDSCAPING SHALL BE MAINTAINED IN A NEAT AND
ORDERLY MANNER AT ALL TIMES. THIS SHALL INCLUDE MOWING, EDGING, PRUNING, FERTILIZING, WATERING,
WEEDING, AND OTHER SUCH ACTIVITIES COMMON TO THE MAINTENANCE OF LANDSCAPING. LANDSCAPED
AREAS SHALL BE KEPT FREE OF TRASH, LITTER, WEEDS AND OTHER SUCH MATERIAL OR PLANTS NOT A PART OF THE
LANDSCAPING. ALL PLANT MATERIALS SHALL BE MAINTAINED IN A HEALTHY AND GROWING CONDITION AS IS
APPROPRIATE FOR THE SEASON OF THE YEAR. PLANT MATERIALS WHICH DIE SHALL BE REPLACED WITH PLANT
MATERIAL OF SIMILAR VARIETY AND SIZE.
CITY OF COPPELL LANDSCAPE REQUIREMENTS
INTERIOR LANDSCAPING
REQUIRED: 10% OFF-STREET PARKING TO BE LANDSCAPE AREA
TOTAL PARKING ISLANDS NOT LESS THEN 12% OF TOTAL NON-EXEMPT PARKING
193 PARKING SPACES X 12% = 23 PLANTING ISLANDS
PLANTING ISLANDS CONTAIN 1 TREE AND BE LANDSCAPED
85,747 S.F. X 10% = 8,575 S.F.
PROVIDED: 12,363 S.F. OF LANDSCAPE AREA*
24 PARKING ISLANDS
ALL ISLANDS CONTAIN 1 TREE AND LAWN, SHRUBS
PERIMETER LANDSCAPE
REQUIRED: 10' LANDSCAPE BUFFER PROVIDED ALONG ALL PROPERTY LINES
15' LANDSCAPE BUFFER PROVIDED ALONG PUBLIC R.O.W.
1 TREE (1 OVERSTORY TREES OR 3 ACCENT TREES) / 50 LINEAR FEET
773 LINEAR FEET / 50 = 15 TREES
SCREENING W/ SHRUBS OF MIN 30" HEIGHT, BERMS
PROVIDED:
10' LANDSCAPE BUFFER PROVIDED ALONG WEST AND NORTH PROPERTY LINE
15' LANDSCAPE BUFFER PROVIDED ALONG PUBLIC R.O.W.
15 TREES (3 EXISTING TREES, 5 OVERSTORY TREES, 21 ACCENT TREES)
SCREENING W/ SHRUBS OF MIN. 30" HEIGHT, EVERGREEN TREES
NONVEHICULAR LANDSCAPE
REQUIRED: AT LEAST 15% OF LOT NOT COVERED BY BUILDING
TO BE LANDSCAPED
156,911 S.F. - 30,800 S.F. = 126,111 S.F. X 15% = 18,916 S.F.
NOT LESS THAN 5O% SHALL BE LOCATED IN THE REQUIRED
FRONT YARD, 18,916 / 2 = 9,458 S.F.
1 TREE / 2,500 S.F. OF OPEN SPACE = 8 TREES
PROVIDED:
11,314 S.F. OF LANDSCAPE AREA PROVIDED*
14% (1,592 S.F.) LOCATED IN FRONT YARD (REQUEST OF PD - 14% INSTEAD OF 50%)
8 TREES
*ADDITIONAL INTERIOR LANDSCAPE AREA WILL BE
ADDED TO NONVEHICULAR LANDSCAPE REQUIREMENTS
3,788 INTERIOR LANDSCAPE AREA + 11,105 S.F. NONVEHICULAR LANDSCAPE AREA = 14,893 S.F.
EXISTING TREES:
QUERCUS VIRGINIANA/
LIVE OAK
SINGLE STRAIGHT TRUNK,
FULL CANOPY, MATCHED
3.5"10'4'PER PLAN65 GAL.QV
12
PROTECTED TREE REPLACEMENT:
REQUIRED: PROTECTED TREES REPLACED AT RATIO OF 1 INCH DBH OF REPLACEMENT TREE
TO 1INCH DBH OF REMOVED TREE
TOTAL INCHES OF PROTECTED TREES REMOVED: 26 INCHES
PROVIDED: 42 INCHES (3 - 4 INCH BUR OAKS, ADDITIONAL 1 INCH ADDITIONAL ON 24 BUR OAKS,
.5 INCHES ADDITIONAL ON 12 LIVE OAKS)
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2016-3115
File ID: Type: Status: 2016-3115 Agenda Item Agenda Ready
2Version: Reference: In Control: Planning
12/07/2016File Created:
Final Action: PD-287-SF-7, Coppell Middle School North & Denton
Creek Elementary
File Name:
Title: PUBLIC HEARING:
Consider approval of CASE. NO. PD-287-SF-7, Coppell Middle School
North & Denton Creek Elementary, a zoning change request from SF -7
(Single Family-7) to PD-287-SF-7 (Planned Development-287-Single
Family-7), to allow the existing eight -foot-tall chain link fence with barbed
wire at the top to remain at Middle School North and to eliminate the
masonry requirement for the vertical poles on the existing shade structure
at Denton Creek Elementary on 24.77 acres of property located at 120 &
250 Natches Trace, respectively.
Notes:
Agenda Date: 01/10/2017
Agenda Number: 11.
Sponsors: Enactment Date:
Cover Memo .pdf, Appeal Letter.pdf, Comments from
Commission Dec 15 - PD 287 .pdf, Staff Report.pdf,
Overall Site Plan (C-1)..pdf, Detail of Eight-foot fence
and barbed wire detail (Sheet C2).pdf, Shade
Structure Letter.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 PassDenied12/15/2016Planning & Zoning
Commission
Page 1City of Coppell, Texas Printed on 1/6/2017
Master Continued (2016-3115)
Gary Sieb, Director of Planning, introduced this case with exhibits. He stated that staff is
recommending approval with conditions which he read into the record. He mentioned that 23 notices
were mailed to property owners within 200 feet of this request. Seven notices were returned in
opposition and none returned in favor. There also were 61 courtesy notices mailed to property owners
within 800 feet of this request. Three notices were returned in opposition; none returned in favor.
Mr. Sieb also mentioned the applicant's justification for this type of fence:
To prevent unauthorized use of the facility.
To prevent vandalism of the facility.
To protect City of Coppell & Coppell ISD investment in field.
To prevent conflict between unauthorized users & City/School District Staff use.
Commissioner Robinson read into the record concerns of him and the concerns of the citizens that he
received via email.
Louis Macias, CISD, 1303 Wrangler Circle, Coppell, Texas, was present to represent this case, to
address questions and stated agreement with staff's recommendation to approve the fence with
additional landscaping, but did not agree with staff's recommendation to add masonry columns to the
shade structure.
Suzanne Arnold addressed the Commission's concerns about the tennis facilities requiring two areas
of ingress and egress. She stated one point of access and egress was sufficient.
Chairman Haas opened the Public Hearing, asking for people who wanted to speak either in favor or
opposition or wanted to comment on this request to come forward. The following people spoke:
Charley Brown, 735 Northshore Court, Coppell Texas, spoke in opposition
Ron Hansen, 478 Harris Street, Coppell Texas, spoke in opposition
Bill Holloway, 737 E. Peninsula Drive, Coppell Texas, spoke in opposition
Karen Reed, 261 Lyndsie Drive, Coppell Texas, spoke in opposition
Muwen Hwu, 616 Natches Trace, Coppell Texas, spoke in opposition
Michael Stevens, 122 Natches Trace, Coppell Texas, spoke in opposition
Ann Dragon, 727 Bent Tree Court, Coppell Texas, spoke in opposition
Comments from the property owners included the following:
The fence is cheap looking and ugly;
The iron and barbed wire looks like a prison;
Lowers property values;
Unsafe for children;
Negative impression of the neighborhood;
No public access for citizens.
Chairman Haas closed the Public Hearing.
After much discussion, Vice Chairman Portman motioned to deny this request and remove the fence
because of the following major issues:
•Unsightliness of the fence (looks like a prison);
•Public access should remain opened to this public facility (constructed with city and school district
funds);
•Contractor’s liability for constructing without proper permits;
•Does not meet the aesthetic standards required of all other developments in the City.;
•The fence sends the wrong message about the neighborhood and the City;
•Does not serve the purpose intended, other non-fence options should be considered;
•Will set a precedent for future school facilities.
Seconded by Commissioner Robinson; motion carried (7-0).
Action Text:
Chair Edmund Haas, Vice Chair Glenn Portman, Commissioner Sue
Blankenship, Commissioner Ed Darling, Commissioner Doug Robinson,
Commissioner Vijay Sarma, and Commissioner George Williford
7Aye:
2 01/10/2017City Council
Page 2City of Coppell, Texas Printed on 1/6/2017
Master Continued (2016-3115)
Text of Legislative File 2016-3115
Title
PUBLIC HEARING:
Consider approval of CASE. NO. PD-287-SF-7, Coppell Middle School North & Denton
Creek Elementary, a zoning change request from SF -7 (Single Family-7) to PD-287-SF-7
(Planned Development-287-Single Family-7), to allow the existing eight -foot-tall chain link
fence with barbed wire at the top to remain at Middle School North and to eliminate the
masonry requirement for the vertical poles on the existing shade structure at Denton Creek
Elementary on 24.77 acres of property located at 120 & 250 Natches Trace, respectively.
Summary
See attached email from Sid Grant, CISD, dated December 16, 2016 appealing the
Planning Commission’s decision to City Council.
A ¾ VOTE OF CITY COUNCIL (6 OUT OF 7) IS NECESSARY TO OVERTURN THE
PLANNING COMMISSION’S DENIAL OF THIS ZONING CHANGE.
Staff Recommendation:
On December 15, 2016, the Planning Commission unanimously recommended denial of
this ZONING CHANGE (7-0), due to the Planning Commission ’s and citizen concerns with
the following issues:
·Unsightliness of the fence (looks like a prison)
·Lack of public access to this public facility (constructed with city and school district
funds)
·Contractor’s liability for constructing without proper permits
·Does not meet the aesthetic standards required of all other developments in the City.
·The fence sends the wrong message about the neighborhood and the City
·Does not serve the purpose intended, other non-fence options should be considered
·Will set a precedent for future school facilities
Commissioners, Williford, Sarma, Robinson, Haas, Portman, Darling and Blankenship voted
for denial; none opposed.
The Planning Department recommended APPROVAL.
Goal Icon:
Community Wellness and Enrichment, Sense of Community, Special Place to Live
Page 3City of Coppell, Texas Printed on 1/6/2017
1
MEMORANDUM
To: Mayor and City Council
From: Gary L. Sieb, Director of Planning
Date: January 10, 2017
Reference: Consider approval of Case No. PD-287-SF-7, Coppell Middle School North & Denton
Creek Elementary, to allow the existing eight-foot-tall chain link fence with barbed wire at
the top to remain at Middle School North and to eliminate the masonry requirement for the
vertical poles on the existing shade structure at Denton Creek Elementary on 24.77 acres
of property located at 120 & 250 Natches Trace,
2030: Community Wellness and Enrichment
Sense of Community
Special Place to Live
Introduction:
This proposal is to establish Planned Development zoning to provide relief from development standards contained
in the Zoning Ordinance regulating fencing and accessory structures. This request is to the allow the retention of
an existing eight-foot tall chain link fence with three strands of barbed wire at the top to remain at the middle school
athletic field and to eliminate the masonry requirement for the vertical poles on an existing shade structure at the
elementary school. This type of fence is not permitted in a residential zoning district (only permitted in LI and AG).
The School District representative stated that this fence is necessary to provide needed security to the million-plus
dollar artificial turf, press box, concession building and stands, which have been the subject of vandalism.
The shade structure given its visibility from a public street is required to have masonry columns. The CISD
representative explained that the shade structure was a gift from the PTO, and if required to comply with the
Ordinance, they will simply remove the structure.
Analysis: (Also, please review a more detailed summary of the Planning Commission meeting, attached)
On December 15, 2016 the Planning and Zoning Commission unanimously recommended denial of this request,
including the following issues discussed by the Commissioners and the citizens in attendance at the meeting:
Unsightliness of the fence (looks like a prison)
Lack of public access to this public facility (constructed with city and school district funds)
Contractor’s liability for constructing without proper permits
Does not meet the aesthetic standards required of all other developments in the City.
The fence sends the wrong message about the neighborhood and the City
Does not serve the purpose intended, other non-fence options should be considered
Will set a precedent for future school facilities
A ¾ vote (6 out of 7) of the City Council is required to overturn this recommendation of Denial by the Planning and
Zoning Commission
2
Legal Review:
This did not require city attorney review
Fiscal Impact:
None
Recommendation:
The Planning Department recommended approval, subject to the following conditions:
1. Construct masonry columns that comply with code around the existing shade structure that faces the
residential neighborhood to the east.
2. Allow the chain link/barbed wire fencing to remain, but plant over-story trees of minimum three-inch
caliper, at 40 feet on center and low foundation landscaping along the east side of the fencing adjacent
to the residential neighborhood to the east.
3. Plant over-story trees of minimum three-inch caliper at 40 feet on center along the north side of the
property adjacent to the playing field fencing.
Attachments:
1. Appeal Letter
2. Summary of Planning and Zoning Commission discussion
3. Staff Report
4. Overall Site Plan (Sheet C1)
5. Detail of Eight-foot fence and barbed wire detail (Sheet C2)
6. Shade structure flame retardant letter dated May 11, 2017 (request of Fire Department)
1 | Page
SUMMARY OF PLANNING AND ZONING COMMISSION AND CITIZEN INPUT AT THE
DECEMBER 15, 2016 PUBLIC HEARING ON CASE NO. PD-287-SF-7
Summary of comments/questions from Commission:
If this type of fence went through the process, would it be allowed? (no)
Is this area considered one of the image zones in the city. (Not a designated Primary Image zone)
Is it true that the city provided 50% of the overall cost for this facility? (Yes, the overall cost was 1.3-
1.4 million).
Did the city know about the fence, participate in contracting and payment of the fence? (no)
Is it the responsibility of the property owner in the city of Coppell to assure that the required approvals
for design, permit work and inspections are fulfilled on their property? (yes)
If citizen living on Natches Trace adjacent to the property, had put up the same type of fence (chain-
link) to protect their property from being vandalism and threatened, would this fence had been
approved? (Staff would recommend against the chain-link fence in a residential zoning district).
There is a sign lying within the property that states that the track can be used by the public when not in
use by the city or the school district. It also states that the school and the city have priority but that
when not in use, it can be utilized by the public. (School District and the City have schedules to make
sure there is no conflict between the two).
If it is not in use by the district or the city of Coppell, shouldn’t it be available for the citizens?
Is the fire hydrant being three feet away from the fence OK?
Is the tennis facility a structure and does it require two areas of ingress and egress? (no)
Any other non-fence options for security considered? cameras, etc.
Did the drawings from the architect and engineer show the requirements for the fence?
Was this fence inspected to assure compliance? (no)
Concern with no longer anyone can use it, even though paid for by tax money
Need to publish rules for using the facility
What is the message this is sending?
Contractor did not submit drawings, and what was built does not reflect the drawings submitted with
zoning.
This property is still accessible from western property line – six-foot decorative metal fence with brick
columns
CISD is not playing by the same rules
The contractor needs to meet all regulations
School Board approved the fence, but the city was not consulted
Responses from CISD:
o On the requirement to clad the poles on the shade structure – they were gifts from PTO’s and if
required to brick it, then they will take it down.
o “If you guys tell us to take this fence down, then we will”
o The synthetic field has been a “magnet”, this was not an issue before that.
o Agreeable to landscaping
o Next project will be similar improvements to CMSE - Press box, stands, lighting, concession
stands, fencing
Citizen Comments
Usage issues-public use
Rather have a nice looking fence that allows public usage
Fence like that sends the wrong message about the neighborhood and the city
Everything was done wrong, permits, etc.
Understand need security, because of the attraction, noise, traffic, but Holy Cow –
Visitor asked if it is safe in the neighborhood.
2 | Page
Cheap, ugly, unsafe will effect property values.
What message to students?
Looks like prison
Contractor should pay for taking down the fence, and put up a wrought iron
Disregard for ordinances
The city attracts development because of the high quality required
Commission Member Discussion after Public Hearing
City is what it is today because of the planning, hard work and schools and development standards.
Policy statements of what we want our community to be.
Can’t support it as it will set a precedent.
We hold developers up to high standards
This violates the image coming into Coppell.
Message it sends is opposite from asking permission
All conversations in the community, he was not prepared for what it looks like.
Only place he saw this type of fence at a school there were also armed guards.
Public agencies need to be held to a higher standard than general public – cost is not a hardship.
We don’t write codes or zoning ordinances to prevent criminal acts.
This fence does not allow public use.
Does not meet community standards, not complaint with codes – not equitable in the community
Other fences at other schools, which also were not permitted, were not in residential areas
Contractor must be liable
Non-compliance issues (ADA issues?)
Should have a gate and crash bar
Climbing over the low wall on west side can easily access the property.
Existing six-foot brick wall is sufficient along the north side
Dual fencing – causes maintenance issues between the fences – trash, animals, etc.
Chain link fence can be removed by the contractor and reused at another location.
Contractors need to permit the work.
Fence not keeping the criminal out, just the citizens out who want to walk the track
Nothing appropriate, necessary or complaint about the non-complaint work in question
It it is the worst collection of bad decisions during his tenure on P&Z and BOA
CISD should have required compliance from the contractor, and should not have allowed for
violation of city ordinance
As built, it appears to be a breach of contract (fencing trade)– did not follow any required course
of action
The purpose of the work does not warrant lowering standards, do not want to diminish zoning and
aesthetic standards by approving this Planned Development District.
The fence is pointless to its purpose as a barrier, there is still a means of access (west side)
Hold CISD to the same standards as other citizens
Removal of non-complaint work.
No citizen use is a big loss
It’s too nice and no one can use
Need to relook at policy for usage
No other options were considered
Need to communicate expectations of users of the fields
There are more attractive ways to provide security
ITEM # 04
Page 1 of 4
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-287-SF-7, Coppell Middle School North & Denton Creek Elementary
P&Z HEARING DATE: December 15, 2016
C.C. HEARING DATE: January 10, 2017
STAFF REP.: Gary L. Sieb, Director of Planning
LOCATION: 120 & 250 Natches Trace Drive
SIZE OF AREA: 24.77 acres of property
CURRENT ZONING: SF-7 (Single Family-7)
REQUEST: A zoning change request to PD-287-SF-7 (Planned Development-287-Single
Family-7), to allow an existing 8 foot-tall chain link fence with barbed wire at the
top at Middle School North and elimination of the masonry requirement for the
existing shade structure vertical poles at Denton Creek Elementary.
APPLICANT: Coppell Independent School District
Louis Macias
1303 Wrangler Circle
Coppell, Texas 75019
(214) 496-8056
Email: lmacias@coppellisd.com
HISTORY: There is not a lot of development history on Middle School North. The Site Plan
and Plat were approved in 1998. In July-August 2014, a 1,570-square-foot
concession building was approved south of the football field, on the north-west side
of Denton Creek Elementary. In August of 2015, the Director of Planning
administratively approved a 600-square-foot patio structure at the elementary
school which met all code requirements, including brick columns.
HISTORIC COMMENT: There is no historic significance associated with this property.
TRANSPORTATION: State Highway 121 is built as a six-lane divided tollway. The subject property is
adjacent to the east bound one-way service road. East Natches Trace Drive is a
residential collector street built within a 60-foot right-of-way.
SURROUNDING LAND USE & ZONING:
North: S.H. Highway 121; Vista Ridge retail; PD-228-HC (across 121)
South: Andrew Brown Central Park; TC, Town Center
East: single family residences; PD-165-SF-7
West: Coppell Office Village; PD-238-HC, and HC
ITEM # 04
Page 2 of 4
COMPREHENSIVE PLAN:
Coppell 2030, A Comprehensive Master Plan, designates this area as Residential
Neighborhood with school use noted.
DISCUSSION: This is a zoning request generating substantial conversation in the community. A
number of comments need to be stated before staff presents its recommendation on
this application, therefore; there are several facts that need to be recognized as we
review the request. First, the zoning ordinance allows barbed wire in two zoning
districts: A, Agriculture and LI, Light Industrial (Code of Ordinances, Sec. 9-2-8).
Middle School North is currently zoned SF-7. Second, the eight-foot chain link
fence with barbed wire at the top was constructed without procurement of a building
permit, as was the shade structure which does not comply with the 80% masonry
column requirement at Middle School North and Denton Creek Elementary,
respectively. Third, the school district currently has similar fencing at Middle
School West Leslie Field, and the football field at Coppell High School. Fourth,
Leslie Field is zoned C, Commercial, and the High School is zoned PD, Planned
Development. We can find no fence permits being issued for either facility. Fifth,
eight-foot fencing without barbed wire is located at the baseball fields and softball
fields at Middle School West and the baseball practice field at the High School.
The events that led up to this request were initiated when it was brought to the city’s
attention that fencing with barbed wire was being installed at Middle School North.
Building Inspection shut the project down stating that no building permit had been
procured. The school district stated that Leslie Field and the High School had
similar fencing and school personnel were ignorant of violating any permit
procedures. It should be stated here that CISD has subsequently applied for a
building permit, and is requesting PD zoning on Middle School North to establish
a specific development condition that allows the fence, barbed wire, and non-
masonry shade structure poles to remain as constructed. The issue of Leslie Field
and High School fencing being constructed without permit is not a part of the
decision-making process for this zoning case—this hearing is exclusively for
barbed wire fencing and masonry column elimination at Middle School North and
Denton Creek Elementary.
Now, let’s discuss the merits of this zoning request. Staff will analyze the absence
of masonry columns on the shade structure first. In the past we have modified the
requirement for masonry columns on shade structures, permitting them without
masonry if they cannot be seen from the public right-of-way. Indeed, we have
cooperated with the middle school site and allowed such structures on the west side
of the building where their locations are not clearly seen from the street. In this
case, however; it is noted that this structure is clearly seen from the street and across
from residential structures. The shade structure should comply with zoning
requirements and masonry columns are recommended to be added to the structure
for compliance with code.
Of more immediate attention is the presence of barbed wire. To the school district’s
credit, once known a building permit had not been submitted, the district
ITEM # 04
Page 3 of 4
immediately applied for a change of zoning (the PD) to allow the chain link/barbed
wire to remain. In that regard, the district is attempting to make things right and
the PD request can include a condition allowing the fencing to remain. Because of
security issues and potential damage to the expensive turf surface, the district
elected to construct the fencing now in place. During the applicant’s presentation,
reasons for the fence construction will be explained. In staff discussion, the district
pointed out the reasoning behind the fence—potential vandalism of the field, cost
of the turf and potential repair expenses, unauthorized use of the field, problems
with monitoring who and when the field was used, altercation between trespassers,
etc. Staff believes those are points that warrant consideration in weighing the
merits of this case. What would help reduced the “prison” appearance stated by
many respondents to the zoning notice, would be the addition of landscape
screening on the east side of the fence adjacent to the residential neighborhood
across the street. Trees, and foundation landscaping would do much to ameliorate
the “prison” appearance. On the north side adjacent to the 121 access road, trees
would also help to reduce the barbed wire appearance.
To sum, the school district constructed a chain link/barbed wire fence without
obtaining a building permit. They did the same with construction of the shade
structure. When they were advised building permits were required and the process
to allow them legally was through Planned Development zoning, they submitted
the zoning application being heard tonight. There is no question the district
constructed these structures in violation of city code. However, in an attempt to
become legal, they made the right decision and applied for zoning. The district
needs to protect its assets and the expensive playing fields (some say over $1M
spent in developing these artificial turf fields) constructed at tax payer expense.
Their solution for protection is the fencing now in place. Staff understands that and
would recommend approval of the request for Planned Development zoning with
the following conditions:
1. Construct masonry columns that comply with code around the existing
shade structure that faces the residential neighborhood.
2. Allow the chain link/barbed wire fencing to remain but plant over-story
trees 40 feet on center and low foundation landscaping along the east
side of the fencing adjacent to the residential neighborhood to the east.
3. Plant over-story trees at 40 feet on center along the north side of the
property adjacent to the playing field fencing.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of this zoning request with the following conditions:
1. Construct masonry columns that comply with code around the existing shade structure that
faces the residential neighborhood to the east.
2. Allow the chain link/barbed wire fencing to remain, but plant over-story trees of minimum
three-inch caliper, at 40 feet on center and low foundation landscaping along the east side of
the fencing adjacent to the residential neighborhood to the east.
3. Plant over-story trees of minimum three-inch caliper at 40 feet on center along the north side
of the property adjacent to the playing field fencing.
ITEM # 04
Page 4 of 4
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. Overall Site Plan (Sheet C1)
2. Detail of Eight-foot fence and barbed wire detail (Sheet C2)
3. Shade structure flame retardant letter dated May 11, 2017 (request of Fire Department)
FF = 466.50FF = 466.00SCHOOL NORTHBUILDINGCOPPELL MIDDLEEXISTINGDENTONEXISTINGCOURTSTENNISDISCUSEXISTINGAREAAREAEXISTINGSHOT PUTBUILDINGCREEK SCHOOL SYNTHETIC TURF FIELDEXISTING 400 METER POLY TRACK CONCESSIONSBUILDINGSTATE HIGHWAY 121/SRTollwayEXISTINGEX 4' METAL FENCEWITH BRICK COLUMNSEXISTING 10' EASEMENTNATCHES TRACEEX 4' CHAIN LINK FENCEEX 10' CHAIN LINKTENNIS COURT FENCENEW 8' CHAIN LINK FENCEW/ 3 STRAND BARB WIREBEGIN NEW FENCEEX 6' BRICK WALLEX 6' BRICK WALLNEW 8' CHAIN LINK FENCEW/ 3 STRAND BARB WIRENEW 8' CHAIN LINK FENCEW/ 3 STRAND BARB WIREBEGIN NEW FENCEEND NEW FENCEAT TENNIS COURTFENCINGEND NEW FENCEAT TENNIS COURTFENCINGDOUBLE SHADESTRUCTUREBEGIN NEW FENCENEW 8' CHAIN LINK FENCEW/ 3 STRAND BARB WIRENEW 8' CHAIN LINK FENCEW/ 3 STRAND BARB WIRESH 121/SRTCoppell MiddleSchool NorthN. Denton Tap Rd.Naches Trace Dr.2016 COPPELL MIDDLE
SCHOOL NORTH
FENCING IMPROVEMENTS
COPPELL, TEXAS
COPPELL ISD - BUSINESS OFFICE
31303 WRANGLER CIRCLE
COPPELL, TEXAS 75019
ATTN: LOUIS MACIAS
PROJECT ADDRESS:
COPPELL MIDDLE SCHOOL NORTH
120 NATCHES TRACE
COPPELL, TEXAS 75019
SITE PLAN
C1ZONING REQUEST:1. REQUESTING A CHANGE IN ZONING FROM SF-7 TO PD TO ALLOWAN 8' CHAIN LINK FENCE WITH 3 STRAND BARBED WIRE ANDWAIVER OF 80% MASONRY STRUCTURE FOR 6 SHADE STRUCTUREVERTICAL POLES SEEN FROM THE PUBLIC RIGHT-OF-WAY.2. JUSTIFICATION FOR CHAIN LINK FENCE, BARBED WIRE, ANDMASONRY POLE REQUIRED WAIVER.A)PREVENT UNAUTHORIZED USE OF THE FACILITYB)PREVENT VANDALISM OF FACILITYC)PROTECT CITY OF COPPELL AND COPPELL ISDINVESTMENT IN FIELD.D)PREVENT CONFLICT BETWEEN UNAUTHORIZED USERS ANDCITY/SCHOOL DISTRICT STAFF AND STUDENTS.
2016 COPPELL MIDDLE
SCHOOL NORTH
FENCING IMPROVEMENTS
COPPELL, TEXAS
COPPELL ISD - BUSINESS OFFICE
31303 WRANGLER CIRCLE
COPPELL, TEXAS 75019
ATTN: LOUIS MACIAS
PROJECT ADDRESS:
COPPELL MIDDLE SCHOOL NORTH
120 NATCHES TRACE
COPPELL, TEXAS 75019
8' CHAIN LINK FENCE DETAILS
C2
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2016-3113
File ID: Type: Status: 2016-3113 Agenda Item Agenda Ready
2Version: Reference: In Control: Planning
12/07/2016File Created:
Final Action: PD-250R23-H, Old Town Addition (Main St) PH 4File Name:
Title: PUBLIC HEARING:
Consider approval of CASE. NO. PD-250R23-H, Old Town Addition
(Main St), PH 4, a zoning change request from PD -250R8-H (Planned
Development-250 Revision 8-Historic) & PD-250R-H (Planned
Development-250 Revised-Historic) to PD-250R23-H (Planned
Development-250 Revision 23-Historic), to amend the Concept Plan and
attach a Detail Site Plan to allow the development of 12 single-family lots
fronting Burns Street, one common area lot and dedication of right -of-way
on 1.65 acres of property located at the northwest corner of S. Coppell
Road and Burns Street.
Notes:
Agenda Date: 01/10/2017
Agenda Number: 12.
Sponsors: Enactment Date:
Cover Memo.pdf, Staff Report.pdf, Concept Plan.pdf,
Site Plan.pdf, Landscape Plan.pdf, Elevations Phase
4.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 PassApproved12/15/2016Planning & Zoning
Commission
Page 1City of Coppell, Texas Printed on 1/6/2017
Master Continued (2016-3113)
Matt Steer, Sr. Planner introduced this case with exhibits and elevations. He stated that staff is
recommending approval with one condition which he read into the record. He mentioned that 26
notices were mailed to property owners within 200 feet of this request. Received zero in favor and
received one in opposition. There were also 108 notices mailed to property owners within 800 feet of
this request. One returned in favor.
Greg Yancey, Main Street Coppell, Ltd, Coppell, Texas, was present to represent this case, to address
questions and stated agreement with staff's recommendation.
George Marshall, Engineering Manager/City of Coppell, addressed the question about the alleyway
meeting the requirements for fire truck turn around at the culdesac. He stated that it did meet the
requirements.
Chairman Haas opened the Public Hearing, asking for people who wanted to speak either in favor or
opposition or wanted to comment on this request to come forward. The following people spoke:
William Henze, 721 S. Coppell Road, Coppell Texas, was undecided with questions
Michael Mueller, 433 Travis Street, Coppell Texas spoke in opposition
Jags Porandla, 457 Travis Street, Coppell Texas spoke in oppostion.
Ann Dragon, 727 Bent Tree Court, Coppell Texas spoke in favor.
The citizens concerns were:
The integrity of the Comprehensive Plan, showed more green space instead of homes;
Houses replacing green space, changing the view from the window of the home already there;
Green space should be protected;
The amount of additional homes.
Chairman Haas closed the Public Hearing.
Greg Yancey addressed some of the issues with the Land Use Plan that involved the areas of green
space being used for more houses.
Vice Chairman Portman motioned to recommend approval subject to the condition that Cedar Elms be
planted in each tree well and landscape island, with the exception of a Savannah Holly in the tree well
directly abutting the landscape island and a Shumard Oak at the end of the parking row.
Seconded by Commissioner Sarma; motion carried (7-0).
Action Text:
Chair Edmund Haas, Vice Chair Glenn Portman, Commissioner Sue
Blankenship, Commissioner Ed Darling, Commissioner Doug Robinson,
Commissioner Vijay Sarma, and Commissioner George Williford
7Aye:
2 01/10/2017City Council
Text of Legislative File 2016-3113
Title
PUBLIC HEARING:
Consider approval of CASE. NO. PD-250R23-H, Old Town Addition (Main St), PH 4, a
zoning change request from PD -250R8-H (Planned Development -250 Revision 8-Historic) &
PD-250R-H (Planned Development-250 Revised-Historic) to PD-250R23-H (Planned
Development-250 Revision 23-Historic), to amend the Concept Plan and attach a Detail Site
Plan to allow the development of 12 single-family lots fronting Burns Street, one common
area lot and dedication of right -of-way on 1.65 acres of property located at the northwest
corner of S. Coppell Road and Burns Street.
Summary
Staff Recommendation:
On December 15, 2016, the Planning Commission unanimously recommended approval of
Page 2City of Coppell, Texas Printed on 1/6/2017
Master Continued (2016-3113)
this ZONING CHANGE (7-0). Commissioners, Williford, Sarma, Robinson, Haas, Portman,
Darling and Blankenship voted in favor; none opposed.
The Planning Department recommended APPROVAL.
Goal Icon:
Sense of Community
Special Place to Live
Page 3City of Coppell, Texas Printed on 1/6/2017
1
MEMORANDUM
To: Mayor and City Council
From: Gary L. Sieb, Director of Planning
Date: January 10, 2017
Reference: Consider approval Consider approval of Case No. PD- 250R23-H, Old Town Addition
(Main St) PH 4, to amend the Concept Plan and attach a Detail Site Plan to allow the
development of 12 single family lots fronting Burns Street, one common area lot and
dedication of right of way on 1.65 acres of property located at the northwest corner of S.
Coppell Road and Burns Street
2030: Sense of Community
Special Place to Live
Introduction:
This request is to rezone the property on the northwest corner of Burns and S. Coppell Road to allow
residential land use on city-owned vacant property and a 10 foot common area lot south of the alley. The
subject property backs up to the alleyway of twelve patio homes that front on Travis Street. This is
appropriate based on the similarity in land uses to the north and east and with the addition of a slip street
concept to act as a buffer from the office/warehouse to the south. A revised Concept Plan has been
submitted bringing the development up-to-date with the current plans and reflecting the current parking
configuration.
As depicted on the Site Plan, the homes are proposed to be setback approximately 21 feet from the angled
parking in front. The front yard consists of a nine-foot sidewalk and 12 feet of green space. All structures
are proposed to be two-story units with two-car rear-entry garages from the existing public alley. The
driveways leading to the garage for each residence are proposed to be a minimum 20 feet in depth
providing for additional parking if needed. The parking provided within this proposal exceeds the
requirements.
Analysis:
On December 15, 2016, the Planning and Zoning Commission unanimously recommended approval of PD-
250R23-H, Old Town Addition (Main St), PH 4, subject to the condition that Cedar Elms to be planted in
each tree well and landscape island, with the exception of a Savannah Holly in the tree well directly
abutting the landscape island, and a Shumard Oak at the end of the parking row. This condition has
subsequently been addressed and there are no outstanding conditions.
Legal Review:
This did not require city attorney review
Fiscal Impact:
None
2
Recommendation:
The Planning Department recommends approval.
Attachments:
1. Staff Report
2. Concept Plan
3. Site Plan
4. Landscape Plan
5. Elevations (Typical)
ITEM # 05
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-250R23-H, Old Town Addition (Main St), PH 4
P&Z HEARING DATE: December 15, 2016
C.C. HEARING DATE: January 10, 2017
STAFF REP.: Matt Steer, Sr. Planner
LOCATION: NWC of S. Coppell Road & Burns Street
SIZE OF AREA: 1.65 acres of property
CURRENT ZONING: PD-250R-H (Planned Development-250 Revised-Historic)
& PD-250R8-H (Planned Development-250 Revision 8-Historic)
REQUEST: A zoning change request to PD-250R23-H (Planned Development-250 Revision
23-Historic), to amend the Concept Plan and attach a Detail Site Plan to allow the
development of 12 single-family lots fronting Burns Street, one common area lot
and dedication of right-of-way.
APPLICANT: Applicant: Engineer:
Greg Yancey Mike Glenn
Main Street Coppell LTD Glenn Engineering Corp.
P.O. Box 1790 105 Decker Court, Suite 910
Coppell, Texas 75019 Irving, Texas 75062
Phone: (972) 215-9400 Phone: (972) 717-5151
Email: gregyancey@verizon.net Email: cmglenn@glennengineering.com
HISTORY: In January 2007, approximately 17 acres of what was known as the “Carter
Crowley” tract were 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, a final plat of the
entire property was approved. This subdivided the larger tract of property for the
purpose of establishing street rights-of-way and easements for necessary
infrastructure to support development. This resulted in a total of seven blocks
containing nine lots and seven different street segments. In April 2011, the zoning
for the conceptual planned development was approved. This depicted the overall
plan and presented the general regulations each detailed planned development use
should follow. In April 2012, the first of the detail plans was approved for 44 patio-
home lots. In May 2012, the Old Town Square was approved as was the entry
feature of the subject property and an 80-space parking lot. In August 2012, three
retail/office cottages, a replica service station for a retail/restaurant site (Simmer)
and a neon “Main Street Coppell” sign were approved. In October 2012, the Local
ITEM # 05
Page 2 of 3
Diner site was approved at the southeast corner of Bethel Road and recently
constructed Main Street, east of the entry tower. In February 2013, a planned
development amendment was approved which allowed for administrative review
and approval of detail plans when in general conformance with the Concept Plan
and conditions. Subsequently, ten additional sites were administratively approved.
In April 2015, Council approved a Conceptual Plan Amendment for development
of 11 single-family lots fronting Hammond Street. In October 2015, Council
approved a 7,818-square-foot first floor coffee house with residential above (under
construction). Just recently, a 4,900-square-foot office was administratively
approved on the northwest corner of Travis and W Main Street. Plans are in for
permitting and construction is anticipated to begin soon.
HISTORIC COMMENT: There is no historic significance related to the subject property.
TRANSPORTATION: Burns is a two-lane 38-ft wide roadway within 60’ of right-of-way. This is
currently undergoing improvements including a slip street for this proposed
development and on-street angled parking.
SURROUNDING LAND USE & ZONING:
North – residential; PD-250R-H (Planned Development-250 Revised- Historic)
South – office/warehouse; LI (Light Industrial)
East – residential; PD-108R11-H (Planned Development-108 Revision 11- Historic)
West – vacant City owned land; PD-250R8-H (Planned Development-250 Revision 8-Historic)
COMPREHENSIVE PLAN: Coppell 2030, A Comprehensive Master Plan, shows the property as suitable for
development in accordance with the Old Coppell Historic District Special Area Plan.
DISCUSSION: This request is to rezone the property on the northwest corner of Burns and S
Coppell Road to allow residential land use on city-owned vacant property (the use
was previously depicted as “future” and was unknown). The property backs up to
the alleyway of twelve patio homes that front on Travis Street. Based on the
similarity in land uses to the north and east and with the addition of a slip street
concept to act as a buffer from the office/warehouse to the south, Staff can support
this request.
Within the original development agreement for the overall Planned Development,
the “project” was defined as 44 townhome lots, approximately 13 retail office
cottages built with craftsman architectural style, eleven retail/service buildings and
two restaurants, all of which is to be anchored by a publicly owned town square
(the additional 64 patio homes on east side of S. Coppell Road were not included
in the “project” boundaries). Council subsequently approved an amendment to the
development agreement for the inclusion of the 11 residences on Hammond to
ITEM # 05
Page 3 of 3
replace the previously planned service type uses. An additional amendment to the
development agreement will be needed to include these proposed 12 residential
lots.
The following is a detail review of the plans submitted. This development plan
permits single family, detached housing and includes a series of 12 patio homes
similar to the ones backing up to this proposal on the west side of S. Coppell Road
established in the first phase of the original project. As depicted on the Site Plan,
the homes are proposed to be setback approximately 21 feet from the angled
parking in front. The front yard consists of a nine-foot sidewalk and 12 feet of
green space. The sidewalk contains five-foot x nine-foot tree wells spaced every
27 feet abutting the parking. The lot sizes are basically 32 feet in width by 110
feet in depth with Lots 23R and 24R approximately 20 feet longer. All structures
are proposed to be two-story units with two-car rear-entry garages from the existing
public alley. The driveways leading to the garage for each residence are 20 feet
minimum depth allowing two cars to park (in addition to the two garage parking
spaces). The lot coverage ranges from 35% for the larger lot on the east end, up to
57% for the majority of lots. Darling Homes has contracted to build these
residences, and exhibits submitted with the application show the same variety of
front elevations, as were included in Phases I and III.
A landscape plan was submitted depicting seven Live Oaks (evergreen) and a
curvilinear hedge row of Dwarf Burford Hollies and a public sidewalk within the
long island south of the slip street to buffer the office/warehouse loading area to the
south. The landscaping in the tree wells and in the landscape islands within the on-
street angled parking will continue in the same pattern as what exists throughout
the planned development with Cedar Elms in the tree wells, a Savannah Holly in
the landscape island and a Shumard Oak at the end of the parking row.
A revised Concept Plan has been submitted bringing the development up-to-date
with the current plans and reflecting the current parking configuration. All and all,
staff recommends APPROVAL of the application with the condition that the
specific plantings for the tree wells and islands be included on the Landscape Plan.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of the application with the condition that Cedar Elms be planted in the
tree wells, a Savannah Holly in the landscape island and a Shumard Oak at the end of the parking row.
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. Concept Plan
2. Site Plan
3. Landscape Plan
4. Elevations (Typical)
11/29/2016
Previous Site Plan Parking Calculations:
Proposed Site Plan Parking Calculations:
Proposed
Land Use
Units & Area Parking
Requirement
Total
Required
Provided
On-site
Provided
On-street
Total
Provided
Phase Three
Homes
55 units 2.5 spaces:
Unit
138 88 – Phase 1
28 – Phase 3
116 Total
56 188
Retail 9,680 sq. ft. 1 space: 200
sq. ft.
48 10 30 40
Professional
Office
24,652 sq. ft. 1 space: 300
sq. ft.
82 33
62 95
Restaurant 37,302 sq. ft. 1 space: 100
sq. ft.
373 134 219 353
Medical 2,144 sq. ft. 1 space: 175
sq. ft.
12 3 10 13
Total: --- --- 653 296 377 673
Proposed
Land Use
Units &
Area
Parking
Requirement
Total
Required
Provided
On-site
Provided
On-street
Total
Provided
Phase Four
Homes
67 units 2.5 spaces:
Unit
168 88 – Phase 1
28 – Phase 3
24 – Phase 4
140 Total
77 217
Retail 10,538 sq. ft. 1 space: 200
sq. ft.
53 15 30 45
Professional
Office
15,433 sq. ft. 1 space: 300
sq. ft.
52 26
62 88
Restaurant 41,354 sq. ft. 1 space: 100
sq. ft.
414 134 219 353
Medical 2,144 sq. ft. 1 space: 175
sq. ft.
12 3 10 13
Total: --- --- 699 318 398 716 A-001
110'-0"70'-0"79'-0"50'-0"34'-0"
45'-0"
95'-0"50'-0"70'-0"50'-0"60'-0"50'-0"99'-2"54'-0"55'-0"40'-0"15'-1 1/4"
40'-0"78'-10"72'-0"24'-10"18'-0"2'-0"5'-5"2'-6"62'-1/4"83'-11 1/4"76'-7 1/4"55'-1/4"50'-0"56'-0"61'-6 1/2"93'-8 1/2"
56'-9"51'-10"53'-6 1/2"
20'-0"96'-2 1/2"142'-8"15'-1/2"
55'-8 3/4"45'-4 1/4"163'-1/4"18'-0"22'-0"18'-0"18'-0"22'-0"18'-0"18'-0"25'-0"18'-0"18'-0"22'-0"22'-0"18'-0"25'-0"18'-0"79'-11"24'-11"79'-11"90'-0"101'-8 1/2"30'-0"20'-0"32'-0"33'-3 1/2"35'-11"35'-9 1/2"32'-0"32'-0"32'-0"32'-0"32'-0"32'-0"32'-0"32'-0"32'-0"32'-0"32'-0"32'-0"79'-11"24'-11"24'-11"107'-6"107'-6"140'-0"
140'-0"
110'-0"25'-0"72'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"20'-0"80'-0"16'-0"25'-0"25'-0"80'-0"23'-6 1/2"24'-0"12'-1 1/2"15'-0"24'-0"5'-0"5'-6"37'-0"32'-0"32'-0"32'-0"32'-0"32'-0"32'-0"32'-0"32'-0"32'-0"36'-0"
15'-4 3/4"49'-11 1/2"32'-0"34'-0"32'-0"32'-0"32'-0"32'-0"32'-0"32'-0"32'-0"32'-0"32'-0"109'-6"
80'-0"25'-0"CRAPE MYRTLES
SHUMARD OAK
BOMANITE TO R.O.W.
MAIN STREET
MAIN STREET
DEDICATED ALLEY
EXISTING
BUSINESS
RETAIL
RETAILRETAILRETAIL
RETAIL
COFFEE HOUSE
COTTAGE
COTTAGE
COTTAGE
COTTAGE
EXISTING BUILDINGS
(NOT IN SCALE,
VERIFY LOCATION)DEDICATED ALLEYTRAVIS STREETHOUSTON STREETWEST BETHEL ROADSOUTH COPPELL ROAD
SERVICE
SERVICE
RESTAURANT
PARKING (40)
COTTAGE COTTAGE COTTAGE
SWITCHGEAR
POLES
PATIO
RESTAURANT
PATIO
BURNET STREETCROCKETT STREET9 P.S.
14 P.S.
14 P.S.
RESTAURANT
FARMER'S MARKET
INTERACTIVE
FOUNTAIN
PLAY
AREA
E. MAIN STREET
PUBLIC RR,
JANITOR,
STORAGE WASTE
WASTE
W. MAIN STREET
20 PARKINGSPACES
OR
10 DOUBLE PARKING SPACES
14 P.S.
10 P.S.
10 P.S.
C 5
C 6GEORGE
C 9
C 10
C 13C 12C 11
P 1
P 2
R 1
R 2R 3R 4
R 5
S 1
S 2
F 2
F 1
9 P.S.
RESTAURANT
PARKING (40)
PAVILION
PH
1E
PH
2E
PH
3E
PH
4E
PH
5E
PH
6E
PH
7E
PH
8E
PH
9E
PH
10E
PH
11E
PH
12E
PH
13EPH
14E
PH
1W
PH
2S
PH
3S
PH
4S
PH
5S
PH
6S
PH
8S
PH
9S
PH
10S
PH
11S
PH
12S
PH
2W
PH
3W
PH
4W
PH
5W
PH
6W
PH
7W
PH
8W
PH
9W
PH
11W
PH
12W
PH
13W
PH
14W
GRASS
PAVERS
GRASS
PAVERS
GRASS
PAVERS
GRASS
PAVERS
ALLEYLT-1
BLK-E
LT-1
BLK-E
LT-1
BLK. C
LT-1
BLK. C
LT-1
BLK. C LT-1
BLK. C
LT-1
BLK. C
LT-1
BLK-A
LT-1
BLK-A
LT-1
BLK-A
LT-1
BLK-D
LT-1
BLK-D
LT-1
BLK-D
LT-1
BLK-D
LT-1
BLK-D
LT-1
BLK-D
LT-1
BLK-D
LOADINGPH
10W
PH
15W
PH
16W
PH
15E
PH
16E
PH
7S
PH
1S
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LT-1
BLK-F
LOT-13R
BLK-G
LOT-12R
BLK-G
LOT-11R
BLK-G
LOT-10R
BLK-G
LOT-9R
BLK-G
LOT-8R
BLK-G
LOT-7R
BLK-G
LOT-6R
BLK-G
LOT-5R
BLK-G
LOT-4R
BLK-G
LOT-3R
BLK-G
LOT-2R
BLK-G
LT-1
BLK-A
LT-1
BLK-A
TOWN
SQUARE
LT-2
BLK-E
SERVICE
ENTRY
FEATURE
LT-1
BLK-H
LT-2
BLK-H
LT-3
BLK-H
LT-4
BLK-H
LT-5
BLK-H
LT-6
BLK-H
LT-7
BLK-H
LT-8
BLK-H
LT-9
BLK-H
LT-10
BLK-H
LT-11
BLK-H
COMMON AREA LOT 17R-X
TRAVIS STREETHAMMOND STREET
ALLEY
ALLEYCOMMON AREALOT 17R-XCOMMON AREA LOT 17R-XALLEY
DUMPSTER
ENCLOSURE
FUTURE
DEVELOPMENT
LOT-14R
BLK-G
COMMON AREA
LOT-1X
LOT-16R
BLK-G
LOT-17R
BLK-G
LOT-18R
BLK-G
LOT-19R
BLK-G
LOT-20R
BLK-G
LOT-22R
BLK-G
LOT-23
BLK-G
LOT-24R
BLK-G
LOT-25R
BLK-G
LOT-15R
BLK-G
LOT-21R
BLK-GBURNS ST.LOCAL
DINER
SCALE: 1" = 50'A CONCEPTUAL SITE PLAN
SITE PLANCOPPELL, TEXAS WILLIAM PECK &A S S O C I A T E S I N C.A R C H I T E C T S Lewisville, Tx (972) 221-1424Sheet Number:
Date:
Scale:
Drawn:
Job:
REVISIONS
DATEThese plans are intended to provide the basic construction information necessary tosubstantially complete this structure. These construction documents must be verified andchecked by the builder or person in authority of this project. Any discrepancy, error, and/or omissions, if any, are to be brought to the attention of the Designer prior to anyconstruction or purchases being made. It is recommended that the owner or builder obtaincomplete engineering services for: foundation, HVAC, and structural, prior to constructionof any kind. NOTE: All Federal, state, and Local codes, ordinances, and restrictions takeprecedence over any part of these construction documents which may conflict with same,and must be strictly obeyed and followed before and during construction.THESE CONSTRUCTION DOCUMENTS AND THERE USE, ARE THE PROPERTY OFWILLIAM PECK & ASSOCIATES, INC. AND ARE NOT TO BE TRACED, REUSED ORREPRODUCED IN ANY WAY, BY ANY MEANS, WITHOUT THE EXPRESSEDWRITTEN PERMISSION OF WILLIAM PECK & ASSOCIATES, INC.. ALL RIGHTSRESERVEDTHIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERMIN REVIEW UNDER THE AUTHORITY OF WILLIAM PECK & ASSOCIATES, ON THIS PLOT DATE AMD IS NOT TO BE USED BY AUTHORITIES HAVING JURSDICTION FOR THE PURPOSE OF ISSUING CONSTRUCTION PERMITS11-15-2016MAINSTREET COPPELLCONCEPTUAL SITE PLANREF. PLAN
MW
MAINSTREET
COPPELL
6
(
1
(
1
(
32.45'6
(
1/2" IRFC
C.M.1
:
1/2" I.R.S.
1/2" I.R.S.1/2" I.R.S.
1/2" IRFC
COPPELL ROAD SOUTH(A VARIABLE WIDTH R.O.W.)FP 517.10
FF 518.10
FP 517.40
FF 518.40
FP 517.80
FF 518.80
FP 518.20
FF 519.20
FP 518.60
FF 519.60FP 518.90
FF 519.90FP 518.90
FF 519.90
FP 518.90
FF 519.90
FP 518.70
FF 519.70FP 518.50
FF 519.50
FP 518.40
FF 519.40
FP 518.40
FF 519.40
5' M.U. & D. Esmt.5' M.U. & D. Esmt.5' M.U. & D. Esmt.5' M.U. & D. Esmt.5' M.U. & D. Esmt.5' M.U. & D. Esmt.5' M.U. & D. Esmt.5' M.U. & D. Esmt.5' M.U. & D. Esmt.5' M.U. & D. Esmt.5' M.U. & D. Esmt.5' M.U. & D. Esmt.6
(109.50'109.50'109.50'109.50'109.50'109.50'109.50'109.50'109.50'109.50'32.00'32.00'32.00'32.00'32.00'32.00'32.00'32.00'32.00'
32.00'32.00'32.00'32.00'32.00'32.00'32.00'32.00'32.00'
20.08'
13.08'
34.00'
11.00'
27
.
4
1
'
29
.
7
9
'
9.00'
49.96'19.39'110.62'6
(136.89'124.40'6
:319.08'
6
(
57
.
1
9
'
1
(
58.96'
Lot 14R
Common Area Lot 1X426.61'
6
(
9.35'
C2
C1
L=8.91'
L=12.07'
23.73'
6
(
10.00'
Block
G
BEGINNING
POINT OF trfgasgasgasgasgasgasgasgasgasgasgasgasgasgasgasssssssssssssssssss6
:
Lot 15R Lot 16R Lot 17R Lot 18R Lot 19R Lot 20R Lot 21R Lot 22R Lot 23R Lot 24R
Lot 25R215.50'6
(286.15'70.65'9' Building Line
20' Building Line
10' Utility Easement
5' UTILITY
5' UTILITY EASEMENT
WATER AND SEWER
UTILITY EASEMENT
EASEMENT
EASEMENT
Right-of-Way
Dedication
23,226 s.f.
STREET R.O.W.
STREET R.O.W.
(See Note 4 this sheet)OLD TOWN ADDITION (MAIN ST)PHASE 4OLD TOWN ADDITIONCOPPELL, TEXASPROPERTYLINECENTERLINESWALE4.00'1.00'
5.00' M.U. & D. ESMT.
Drainage Easement Section (M.U. & D )
Typical Maintenance Use &
Scale 1" = 2'
NOTES:
1.MAINTENANCE OF THE 5' M.U. & D ESMT. SHALL BE THE
RESPONSIBILITY OF THE PROPERTY OWNER.
2.PROPERTY OWNER'S ASSOCIATION (POA) SHALL BE RESPONSIBLE FOR
MAINTAINING COMMON AREAS, SCREENING WALLS AND SCREENING
FENCES AND LANDSCAPING IN PUBLIC RIGHT-OF-WAY.
3.NO CONSTRUCTION OF STRUTURES OR FLATWORK, OR LOCATION OF
GRILLS OR COOKING APPLIANCES BETWEEN UNITS. NO OUTSIDE
STORAGE VISIBLE FROM STREETS. SELLER TO RELAY THIS
INFORMATION TO PROSPECTIVE PURCHASERS.
1/2" IRFC
C.M.
G
1/2" I.R.S.
1/2" I.R.S.1/2" I.R.S.
1/2" IRFC
BLOCK G
OLD TOWN ADDITION
DOC. NO. 201200115939
O.P.R.D.C.T.
20' ALLEY
OLD TOWN ADDITION
DOC. NO. 201200115939
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1*'('.&/#0&'5+)0567&+15SHEET NO.21$QZ4KEJCTFUQP6GZCU2JQPG Á(CZ ÁKPHQ"HGNFOCPFGUKIPEQOScale: 1" = 20'
PLANTING PLAN
Jurisdiction of Project
REGULATORY AUTHORITIES:
CITY OF COPPELL PLANNING & ZONING
255 PARKWAY BLVD.
PO BOX 9478
COPPELL, TX 75019
972 304-7092
TEXAS DEPARTMENT OF LICENSING AND REGULATION
ELIMINATION OF ARCHITECTURAL BARRIERS
E.O. THOMPSON STATE OFFICE BUILDING
920 COLORADO
AUSTIN, TEXAS 78701
(512) 463-3211
(512) 475-2886 (FAX)
CITY OF COPPELL LANDSCAPE REQUIREMENTS
ARTICLE 34. LANDSCAPE REGULATIONS
SEC. 12-34-8 MIN REQUIREMENTS FOR OFF-STREET PARKING AN VEHICULAR
USE AREAS
A. PROJECT IS EXEMPT BY MEETING EXEMPTION
PARAGRAPH 1 ARTICLE A AND B
INTERIOR LANDSCAPING REQUIREMENTS
A. PROJECT IS EXEMPT FROM THIS REQUIREMENT AS THERE IS NO
PUBLIC PARKING ON SITE.
PERIMETER LANDSCAPE REQUIREMENTS
A. ALL REQUIREMENTS MET
NO EXISTING TREES ON SITE.
UNDERGROUND AUTOMATIC SPRINKLING SYSTEM PROVIDED.
SYSTEM DESIGNED AND INSTALLED ACCORDING TO TCEQ LAWS AND
REGULATIONS PROVIDING FOR 100% COVERAGE ON ALL LANDSCAPE AND TURF.
THE SYSTEM SHALL INCLUDE A FREEZE-RAIN SENSOR AND RPZ WITH
ENCLOSURE.
Landscaping Requirements
Irrigation Requirements
Site Location
DRAWING KEY
PLANT LIST
OVERALL LANDSCAPE PLANTING PLAN
Owner & Professionals Information
OWNER
MAIN STREET COPPELL
PROVIDENT COMPANY, PO BOX 1790, COPPELL, TX 75019
GREG YANCEY, 214.215.9400
CIVIL ENGINEER
GLENN ENGINEERING
105 DECKER COURT, SUITE 910
IRVING, TX 75062
972-717-5151
LANDSCAPE ARCHITECT
FELDMAN DESIGN STUDIOS
P.O. BOX 832346,
RICHARDSON, TEXAS 75083
ATTN: CAROL FELDMAN, 972-980-1730 MAIN & HOUSTON STREETCOPPELL, TEXAS OLD TOWN ADDITION PHASE 4POA BUFFER - BURNS ST
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Scale: 1/2"= 1'
TREE STAKE DETAIL
Scale: Not to scale
TREE PLANTING
Scale: Not to scale
SHRUB & ORNAMENTAL GRASS PLANTING DETAIL
Scale: Not to scale
PERENNIAL PLANTING DETAIL
MAIN & HOUSTON STREETCOPPELL, TEXAS OLD TOWN ADDITION PHASE 4POA BUFFER - BURNS STScale: 3/8"= 1'
ROOT BARRIER DETAIL
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2017-3133
File ID: Type: Status: 2017-3133 Agenda Item Agenda Ready
1Version: Reference: In Control: City Secretary
12/28/2016File Created:
Final Action: Arts ContractFile Name:
Title: Consider and approve an architectural services contract with Corgan Inc.
for the design of the Coppell Arts Center, approving Phase I, Schematic
Design, in the amount of $167,250.00; and authorizing the City Manager to
sign all necessary documents.
Notes:
Agenda Date: 01/10/2017
Agenda Number: 13.
Sponsors: Enactment Date:
Arts Facility Memo to Council.pdf, Coppell Arts
Center B101-2007 - Final - 12-20-2016(1).pdf, 16065
EXHIBIT A 12-20-16.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 01/10/2017City Council
Text of Legislative File 2017-3133
Title
Consider and approve an architectural services contract with Corgan Inc. for the design of
the Coppell Arts Center, approving Phase I, Schematic Design, in the amount of
$167,250.00; and authorizing the City Manager to sign all necessary documents.
Summary
Fiscal Impact:
Funds are available in the Coppell Recreation Development Corporation - ½% sales tax for
this contract.
Staff Recommendation:
Page 1City of Coppell, Texas Printed on 1/6/2017
Master Continued (2017-3133)
[Enter Staff Recommendation Here]
Goal Icon:
Sustainable City Government
Business Prosperity
Community Wellness and Enrichment
Sense of Community
Special Place to Live
Page 2City of Coppell, Texas Printed on 1/6/2017
MEMORANDUM
To: Mayor and City Council
From: Mike Land, Deputy City Manager
Date: January 10, 2017
Reference: Consider approval of award of a professional services agreement with Corgan
Associates, Inc. in the amount of $1,058,500, to provide architectural and
engineering services related to the Coppell Arts Center, specifically authorizing
Phase I, Schematic Design, in the amount of $169,500, and authorizing the City
Manager to execute necessary documents.
2030: Community Wellness and Enrichment Strategy – Goal 1: Community Gathering
Places and Goal 3: Expand Cultural Arts Amenities and Opportunities.
General Information:
General Discussions regarding the potential renovation, renovation and expansion of the
existing Coppell Theater, or the construction of a new theater in another location began
most recently in October 2015. Since the initial discussion the Council has held work
sessions discussing potential art center solutions on the following dates:
o March 22, 2016
o March 29, 2016
o April 8, 2016
o June 28, 2016
o August 30, 2016
o October 25, 2016
In December of 2015 staff engaged the services of Corgan Associates with Mr. Kirk
Johnson as the lead architect to perform preliminary program and site planning for the
existing theater’s renovation, renovation and expansion, and/or an option for the
construction of a new theater located in Old Town Coppell.
Council during their April 2016 Retreat created a sub-committee to research how other
communities in the region supported and funded their various respective arts programs.
On June 28, the Council Subcommittee reported their findings to the entire council. At
that time Council determined based on various reasons including cost and future
utilization, that staff and the architect should begin focusing on the potential construction
of a new arts facility located in Old Town.
Multiple presentations followed with Council providing guidance on program and square
footage modifications which resulted in a final program for an arts center that contains
approximately 22,400 square feet of space. In addition to the program modifications Mr.
Johnson provided the Council with an annual operating cost estimate totaling
approximately $475,000 prior to any revenues being considered.
Introduction:
The Community Wellness and Enrichment Strategy identified with the Coppell Vision 2030 plan
includes several goals related to the cultural arts in Coppell. Specifically, Goal 1: Community
Gathering Places, Objective 1, Develop Old Coppell as a mixed-use development with retail,
restaurants, entertainment, professional offices, Farmers’ Market, living opportunities around a
square (with an emphasis on entertainment in this case). Goal 3: Maintain and Support the
Theater Coppell and expand performing arts programs and venues, in this case with an emphasis
on venues, the Coppell Arts Center.
Throughout this entire process the entire performing and visual arts community has been
engaged in these discussions, providing much needed input on the program of the proposed Arts
Center. As a result of this input and guidance from the Council, a program for the Arts Center
was finalized. The facility as planned includes three main spaces; a Black Box/Flexible Theater,
a Performance Hall/Space, and a multi-purpose space for rehearsal and community uses.
Including these spaces and support areas there will be a total of 22,425 square feet in the facility.
The main performance hall is expected to seat 320 patrons, and the flexible theater space is
expected to seat 200. The expected budget for the facility is approximately $12 million
including construction, design, parking, construction management and contingency.
Should Council authorize staff to move forward with Phase II, Design Development and
Construction Documents, staff will also bring forward at that time an amendment to the City’s
contract with Gallagher to add the Arts Center to their work program as well.
The Corgan contract anticipates that Schematic Design should take about eight weeks to
complete. Design Development and Construction Documents should be completed in twenty-
four weeks. Permitting and Bidding should be complete in about eight weeks. All in all, based
on this schedule, construction could begin on the Coppell Arts Center as early
September/October 2017 and be completed by the first quarter of 2019.
As a result of the latest work session discussion by Council on the Arts Center held on October
25, staff is bringing forward the attached Corgan Associates, Inc. contract for Council
consideration.
Analysis:
In November 2013 the citizens re-authorized the continued collection of one half of one cent for
the Coppell Recreation Development Corporation. The ballot language included the expansion
of the uses for the fund to “…to undertake projects for…entertainment and public gathering
facilities and venues, exhibition and museum facilities…parking facilities, …including projects
in support of Coppell 2030 strategic vision adopted March 10, 2009…” To this end the City
Council has engaged the Coppell Arts community to help determine the best course of action to
accomplish this potential goal of addressing the cultural arts needs identified both in the 2030
Plan and as contemplated by the citizen approved re-authorization language for the CRDC.
At this time. the City Council is being requested to approve the entire contract with Corgan
Associates, Inc. for the total amount of $1,058,500 while only authorizing the first phase,
Schematic Design, totaling $169,500. Schematic Design work should be completed within the
next eight weeks or so from the time the contract is approved.
Overall there are five total phases to the Architects contract:
Schematic Design (Phase I) $169,500
Design Development $264,500
Construction Documents $379,250
Bidding $ 15,250
Construction Phase $230,000
Total $1,058,500
Legal Review:
The City’s legal counsel reviewed the contract.
Fiscal Impact:
Phase I Schematic Design in the amount of $169,500 is being funded through available Coppell
Recreation Development Corporation Funds. As this project potentially moves forward
financing options including a Reimbursement Resolution may be presented at a later date.
Should the Council determine that a debt instrument should be used to fund the actual
construction of the Coppell Arts Center, by having a Reimbursement Resolution in place, the
CRDC fund would in essence be replenished for expenses such as the architect’s fees spent prior
to the debt being issued.
Recommendation:
The City Manager’s Office recommends approval of the Contract, and specifically authorize
Corgan Associates, Inc. to move forward with Phase I Schematic Design for an amount of
$169,500.
It is anticipated that approval of this item will be requested from the CRDC during their meeting
scheduled for Wednesday January 11, 2017.
EXHIBIT ABASIC SERVICESSDDDCDBDCATotal8 weeks12 weeks16 weeks4 weeks70 weeks110 weeksCORGAN97,000$ 141,000$ 184,000$ 9,000$ 115,500$ 546,500$ 704 MH1116 MH1472 MH56 MH840 MH4188 MH24.29 $/SFCONSULTANTStructural- L.A. Fuess, Inc.3.49 SF7,850$ 15,700$ 35,325$ -$ 19,625$ 78,500$ MEP. FP- TLC Engineering3.11 SF13,500$ 17,500$ 27,000$ -$ 12,000$ 70,000$ Civil- Pacheco Koch2.58 SF7,260$ 13,540$ 22,700$ 2,900$ 11,600$ 58,000$ Landscape- Pacheco Koch2.13 SF8,950$ 12,250$ 17,550$ 1,450$ 7,800$ 48,000$ Acoustic- Jaffe Holden1.16 SF4,500$ 6,500$ 9,500$ -$ 5,500$ 26,000$ Low Voltage- TLC Engineering1.11 SF3,750$ 6,250$ 10,000$ -$ 5,000$ 25,000$ Audio | Visual- Jaffe Holden3.48 SF4,850$ 21,800$ 28,100$ 1,300$ 22,300$ 78,350$ Building Enclosure. Curtain Wall.00 SF-$ -$ -$ -$ -$ -$ Building Enclosure. Roofing- TBD.64 SF2,500$ 3,500$ 4,500$ 500$ 3,500$ 14,500$ Theater - Schuler Shook3.93 SF14,175$ 21,250$ 35,400$ -$ 17,700$ 88,525$ Energy Modeling- TLC Engineering.69 SF5,167$ 5,167$ 5,167$ -$ -$ 15,500$ Code Commissioning- TLC Engineering.00 SF-$ -$ -$ -$ 9,500$ 9,500$ CONSULTANT Sub-Totals72,500$ 123,500$ 195,250$ 6,250$ 114,500$ 512,000$ 22.76 $/SFTOTAL BASIC SERVICES169,500$ 264,500$ 379,250$ 15,250$ 230,000$ 1,058,500$ 47.04 $/SFwww.corgan.com
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2016-3129
File ID: Type: Status: 2016-3129 Ordinance Agenda Ready
1Version: Reference: In Control: Finance
12/21/2016File Created:
Final Action: Water/Sewer Rate Ordinance 2017File Name:
Title: Consider approval of an Ordinance amending Chapter 3 of the Code of
Ordinances of the City of Coppell, by amending Sections 3-1-5, 3-1-12 and
3-2-2; adjusting monthly water rates, adjusting monthly sewer rates;
providing a repealing clause, providing a severability clause and providing
an effective date.
Notes:
Agenda Date: 01/10/2017
Agenda Number: 14.
Sponsors: Enactment Date:
WS Rate Memo for Council Agenda on January 10
2017.pdf, Coppell - Ordinance amending Chapter 3 -
water rates.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 01/10/2017City Council
Text of Legislative File 2016-3129
Title
Consider approval of an Ordinance amending Chapter 3 of the Code of Ordinances of the
City of Coppell, by amending Sections 3-1-5, 3-1-12 and 3-2-2; adjusting monthly water
rates, adjusting monthly sewer rates; providing a repealing clause, providing a severability
clause and providing an effective date.
Summary
See attached memorandum.
Fiscal Impact:
Page 1City of Coppell, Texas Printed on 1/6/2017
Master Continued (2016-3129)
Staff Recommendation:
The Finance Department recommends approval.
Goal Icon:
Sustainable City Government
Page 2City of Coppell, Texas Printed on 1/6/2017
MEMORANDUM
To: Mayor and City Council
From: Jennifer Miller, Director of Finance
Date: January 10, 2017
Reference: Consider approval of an Ordinance amending Chapter 3 of the Code of Ordinances of the
City of Coppell, by amending Sections 3-1-5, Tables 3.4 and 3.5 in Section 3-1-12, and 3-
2-2; adjusting monthly water rates; adjusting monthly sewer rates; providing a repealing
clause; providing a severability clause; and providing an effective date.
2030: Sustainable City Government
Introduction:
During the work session on December 13, 2016, Council was provided the unaudited financial results of
the Water and Sewer Fund for fiscal year ended September 30, 2016, an update concerning rate increases
charged to the City of Coppell by Dallas Water Utilities (DWU) and Trinity River Authority (TRA), and
the impact of these items on water and sewer rates.
Analysis:
For 21 years, the City of Coppell absorbed rate increases from DWU and TRA. The City was able to absorb
the increases because the City was growing and adding additional customers. This is no longer the situation.
Coppell has moved from the growth stage to the maintenance stage, and has determined that the fund can
no longer absorb increases from DWU and TRA. It is now necessary to pass along these increases to our
customer base. The Finance Department is recommending a 13% rate increase based on the following:
a 1.1% increase in the water and sewer rate to cover the $149,000 FY 16 deficit
a 1.4% increase to cover the $200,000 increase in the demand rate charged by DWU
a 10.5% increase to cover the $1.5 million increase in the cost of service provided by TRA
A 2% to 3% rate increase was anticipated and would be the proposal if the I&I situation were resolved. The
City is still experiencing higher than normal flow to TRA which is the primary factor for the increase in
costs of service from TRA.
Legal Review:
The City Attorney reviewed this ordinance.
Fiscal Impact:
Recommendation:
The Finance Department recommends approval.
COPPELL ORDINANCE AMENDING CHAPTER 3 MONTHLY WATER RATES PG 1 OF 5 TM 82449
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, BY AMENDING
THE CODE OF ORDINANCES, AS HERETOFORE AMENDING
CHAPTER 3 CITY DEPARTMENTS, REPEALING IT IN ITS ENTIRETY
AND REPLACING IT WITH NEW CHAPTER 3, CITY DEPARTMENTS,
ARTICLE 3-1, WATER DEPARMENT, SECTION 3-1-5, WATER RATES
(MONTHLY); BY REPEALING TABLES 3.4 AND 3.5, UNDER SECTION
3-1-12, WATER CONSERVATION AND DROUGHT CONTINGENCY
PLAN, BY PROVIDING A NEW RATE FOR MONTHLY METER BASE
RATE AND VOLUME; BY AMENDING ARTICLE 3-2 SEWER
DEPARTMENT SECTION 3-2-2, SEWER RATES (MONTHLY)
REPEALING IT IN ITS ENTIRETY AND REPLACING IT WITH NEW
ARTICLE 3-2, SEWER DEPARTMENT, SECTION 3-2-2, SEWER RATES
(MONTHLY); PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Coppell has previously enacted water and sewer rates for both
residential and non-residential for delivery and use of the municipal water and waste water
systems; and
WHEREAS, the City Council finds that the need has arisen to provide new water and
waste water rates to insure continuous and quality service; and
WHEREAS, the City Council has adopted a Seasonal Conservational water rate.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Code of Ordinances of the City of Coppell, Texas, be and the same
is hereby, amended by repealing Section 3-1-5, Water Rates: Monthly of Chapter 3, City
Departments, Article 3-1, Water Department in its entirety and replacing with a new Chapter 3,
City Departments, Article 3-1, Water Department, Section 3-1-5, Water Rates (Monthly), to read
as follows:
“Chapter 3
City Departments
Article 3-1
Water Department
. . . . .
SEC. 3-1-5 WATER RATES MONTHLY
COPPELL ORDINANCE AMENDING CHAPTER 3 MONTHLY WATER RATES PG 2 OF 5 TM 82449
A. Residential: The monthly rates or charges for water service furnished by the
City waterworks system for single-family dwellings shall be as follows:
1. Single-Family:
First 1,000 gallons (minimum) $20.00
All usage over 1,000 gallons $3.00 per 1,000 gallons
The monthly rates or charges for water service furnished by the City
Waterworks System for non-single-family dwellings, such as but not
limited to mobile home parks or other users wherein there is one master
meter which serves more than one unit, shall be the same rates as set forth
for single-family dwellings above, based upon an average usage for each
user from the master meter multiplied by the number of users of such a
meter. For clarification and example, if a mobile home park had ten (10)
units and the master meter indicated seventy thousand (70,000) gallons of
water consumption, the average use would be seven thousand (7,000)
gallons, yielding a rate of $38.00 for each unit multiplied by the total
number of units (10), equaling a total bill of $380.00 to be paid by the
customer.
B. Commercial and Industrial: The monthly rates or charges for water service
furnished by the City for apartment or multi-family complexes, hotels, motels,
office buildings, townhouses, and condominiums, and Commercial or Industrial
uses shall be based upon a meter base rate as set out below, plus $3.00 per 1,000
gallons consumption. In the event that City ordinance requires installation of a
meter strictly for fire protection, that meter shall be charged the Base Rate for
a Type “A” 5/8 inch meter, regardless of actual meter size.
The Meter Base Rate shall be as follows:
Size Type Rate
5/8 inch meter A $20.00
1 inch meter B $27.00
1-1/2 inch meter C $40.45
2 inch meter D $53.75
3 inch meter E $80.65
4 inch meter F $107.65
6 inch meter G $161.25
8 inch meter H $215.00
C. Conservation Rates:
Seasonal Conservation Water Rate: (June – October Billings)
COPPELL ORDINANCE AMENDING CHAPTER 3 MONTHLY WATER RATES PG 3 OF 5 TM 82449
All over 25,000 gallons $3.75 per 1,000 gallons
During the summer months, water customers shall be subject to an
inverted seasonal water rate to encourage water conservation. The water
conservation rate is $3.75 per 1,000 gallons for all consumption in
excess of 25,000 gallons for the regular monthly billings for the months
of June, July, August, September and October.”
SECTION 2. That the Code of Ordinances of the City of Coppell, Texas, be and the same
is hereby, amended by repealing Tables 3.4 and 3.5 in Section 3-1-12, Water Conservation and
Drought Contingency Plan, of Chapter 3, City Departments, Article 3-1 Water Department,
Section 3-1-5, Water Rates (Monthly), by providing a new rate in Table 3.4, Monthly Meter Base
Rate and Table 3.5 Volume to read as follows:
“SEC. 3-1-12 WATER CONSERVATION AND DROUGHT CONTINGENCY
PLAN
…..
Table 3.4 Monthly Meter Base Rate:
Table 3.5 Volume Unit Charges:
Meter Size (in) Total Charge Meter Size (in)
Total
Charge
5/8 $20.00 3 $80.65
1 $27.00 4 $107.65
1½ $40.45 6 $161.25
2 $53.75 8 $215.00
Water User Type/Volume
Volume Unit Charge
($/1,000 gal)
Residential 0—1,000 gal $20.00
1,001—25,000 gal $3.00
More than 25,000 gal $3.75
Commercial 0+ $3.00
COPPELL ORDINANCE AMENDING CHAPTER 3 MONTHLY WATER RATES PG 4 OF 5 TM 82449
SECTION 3. That the Code of Ordinances of the City of Coppell, Texas, be, and the same
is hereby amended by amending Article 3-2, Sewer Department, Section 3-2-2, Sewer Rates
(Monthly) of Chapter 3, Article 3-2 Sewer Department, in its entirety and replacing it with a new
Chapter 3, City Departments, Article 3-2, Sewer Department, Section 3-2-2, Sewer Rates
(Monthly), to read as follows:
“Chapter 3
City Departments
. . . . .
Article 3-2
Sewer Department
. . . . .
Sec. 3-2-2 SEWER RATES (MONTHLY)
The monthly rates charged for services furnished by the Sanitary Sewer
System of the City shall be based upon the amount of metered water which
is furnished during the month as follows:
Residential: First 1,000 gallons (minimum) $20.00. All over
1,000 gallons $2.00 per 1,000 gallons to a
maximum of 14,000 gallons.
Commercial, Industrial,
and Non-Single-Family
Dwellings: First 1,000 gallons (minimum) $20.00. All over
1,000 gallons $2.00 per 1,000 gallons.
Sewer Service Only
(flat rate): $38.00 for those sewer customers who are not
connected to the City’s water system.
…..”
SECTION 4. 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 5. That should any word, phrase, paragraph, section or portion of this
ordinance or of the Code of Ordinances, as amended hereby, be held to be void or unconstitutional,
the same shall not affect the validity of the remaining portions of said ordinance or of the Code of
Ordinances, as amended hereby, which shall remain in full force and effect.
COPPELL ORDINANCE AMENDING CHAPTER 3 MONTHLY WATER RATES PG 5 OF 5 TM 82449
SECTION 6. That this ordinance shall become effective from and after its passage and
the rates established herein shall be effective on February 1, 2017.
DULY PASSED by the City Council of the City of Coppell, Texas, this the 10th day of
January, 2017.
APPROVED:
KAREN SELBO HUNT, MAYOR
ATTEST:
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
_____________________________________
ROBERT E. HAGER, City Attorney
(REH: gd: 82449:12-20-2016)
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2016-3128
File ID: Type: Status: 2016-3128 Resolution Agenda Ready
1Version: Reference: In Control: Finance
12/21/2016File Created:
Final Action: Fee Resolution 01-10-17File Name:
Title: Consider approval of a Resolution amending Resolution No. 010996.3 as
amended, amending the Master Fee Schedule for Water Rates, Sewer
Rates, Mobile Vending Fees, Police Fees, and Solid Waste Collection
Fees and authorizing the Mayor to sign.
Notes:
Agenda Date: 01/10/2017
Agenda Number: 15.
Sponsors: Enactment Date:
Memo Fee Resolution January 2017.pdf, Master Fee
Resolution 01-10-17.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 01/10/2017City Council
Text of Legislative File 2016-3128
Title
Consider approval of a Resolution amending Resolution No. 010996.3 as amended,
amending the Master Fee Schedule for Water Rates, Sewer Rates, Mobile Vending Fees,
Police Fees, and Solid Waste Collection Fees and authorizing the Mayor to sign.
Summary
See attached memorandum.
Fiscal Impact:
Staff Recommendation:
Page 1City of Coppell, Texas Printed on 1/6/2017
Master Continued (2016-3128)
The Finance Department recommends approval.
Goal Icon:
Sustainable City Government
Page 2City of Coppell, Texas Printed on 1/6/2017
1
MEMORANDUM
To: Mayor and City Council
From: Jennifer Miller, Director of Finance
Date: January 10, 2017
Reference: Amending Fee Resolution
2030: Sustainable City Government – Financial Resources to Support City Services
Introduction:
The fees charged by the City have been reviewed and the proposed changes are being brought forward for Council’s
approval.
Analysis:
The Water and Sewer monthly rates are being amended to reflect the amounts presented to Council at the
December 13, 2016 meeting. The base rates for both water and sewer on residential customers are increasing
from $16.00 to $20.00 for the first 1,000 gallons. Rates based upon meter size, commercial, industrial, non -
single family dwellings and the conservation rate are also being adjusted accordingly. The rate for all water over
1,000 gallons is increasing $.15 per 1,000 and sewer is increasing $.15 per 1,000. Senior Citizens (65 or older)
are receiving a 10% discount on the rates. This increase will become effective February 1, 2017.
The amendment to the Mobile Vending Fees is to remove the wording of (Mobile Fees are for 6 months only)
thereby making the fee an annual amount.
The Police Fees are being amended by adding the fee for a copy of the body worn camera record ing. This fee
has been authorized by the Attorney General at the amount of $10.00 + $1.00 per minute of footage required to
be reviewed if an identical copy has not been released.
The current Solid Waste contract with Republic provides for an annual adjustment of 3.0%. For the residential
customer, rates will increase from $15.26 per month to $15.72. The senior rate will increase from $13.73 per
month to $14.14. The commercial rates will reflect the same 3.0% increase. This increase is effective January
1, 2017.
Legal Review:
This agenda item was reviewed by legal during the normal review of the agenda packet.
Fiscal Impact:
Recommendation:
The Finance Department recommends approval.
1
RESOLUTION NO. __________________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, AMENDING
RESOLUTION NO. 010996.3, THE MASTER FEE SCHEDULE, AS
AMENDED, BY AMENDING THE WATER RATES (MONTHLY), IN
PART; THE SEWER RATES (MONTHLY), IN PART; MOBILE VENDING
FEES, IN PART; POLICE FEES, IN PART; AND THE GARBAGE
COLLECTION FEES, IN PART; AND PROVIDING A REPEALING
CLAUSE AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, previously adopted
Resolution No. 010996.3 to provide for general and special fees and charges to be assessed and
collected by the City, as authorized by the Code of Ordinances and other applicable codes,
ordinances, resolutions, and laws; and
WHEREAS, the City Council of the City of Coppell desires to amend certain fees as set
forth therein and delete others as authorized by law;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Master Fee Schedule section entitled “Chapter 3, Coppell City
Code” be amended, in part to read as follows:
Sec. 3-1-5, Water Rates (Monthly) (Effective 02-01-2017)
Residential
First 1,000 gallons (minimum) $ 20.00
All over 1,000 gallons $3.00 per 1,000 gallons
Conservation Water Rate
June 1 – October 31, Billings
First 1,000 gallons (minimum) $ 20.00
1,001 – 25,000 gallons $3.00 per 1,000 gallons
25,001+ $3.75 per 1,000 gallons
Senior Citizen Rates (65 or older)
First 1,000 gallons (minimum) $ 18.00
All over 1,000 gallons $2.70 per 1,000 gallons
Conservation Water Rate
June 1 – October 31, Billings
First 1,000 gallons (minimum) $ 18.00
1,001 – 25,000 $2.70 per 1,000 gallons
25,001+ $3.38 per 1,000 gallons
Commercial
Based on Meter Base Rate Below plus $3.00 per 1,000 gallons
2
Meter Base Rate:
Size Type Rate
5/8 inch meter A $ 20.00
1 inch meter B $ 27.00
1 ½ inch meter C $ 40.45
2 inch meter D $ 53.75
3 inch meter E $ 80.65
4 inch meter F $107.65
6 inch meter G $161.25
8 inch meter H $215.00
…”
SECTION 2. That the Master Fee Schedule section entitled “Chapter 3, Coppell City
Code” be amended, in part to read as follows:
Sec. 3-2-2, Sewer Rates (Monthly) (Effective 02-01-2017)
Residential
First 1,000 gallons (minimum) $ 20.00
All over 1,000 gallons $2.00 per 1,000 gallons
(maximum 14,000 gallons)
Senior Citizen Rates (65 or older)
First 1,000 gallons (minimum) $ 18.00
All over 1,000 gallons $1.80 per 1,000 gallons
Commercial, Industrial and Non-Single Family Dwellings:
First 1,000 gallons (minimum) $ 20.00
All over 1,000 gallons $2.00 per 1,000 gallons
Sewer Service Only (flat rate):
Customers not connected to City’s water system $ 38.00
…”
SECTION 3. That the Master Fee Schedule section entitled “General Fees” be amended,
in part to read as follows:
“…
Mobile Food Vending Fees: Delete 6 months only statement
…”
3
SECTION 4. That the Master Fee Schedule section entitled “Police Fees” be amended, in
part to read as follows:
“…
3) Body Worn Camera Recording $10.00 +$1.00 per minute if
an identical copy has not
previously been released.
…”
SECTION 5. That the Master Fee Schedule section entitled “Garbage Collection Fees”
be amended, in part to read as follows:
Garbage Collection Fees (Effective January 1, 2017)
Solid Waste and Recycling (Includes Yard Trimmings and At Your Door HHW Fees)
1. Residential Garbage Customer $15.72 per month
Senior Citizen Residential Garbage Customer $14.14 per month
Public Education Fee $ 0.10 per month
2. Monthly Fees for Dumpster Services:
Pickups per Week
Dumpster
Type and Size
1 2 3 4 5 6 7
2 CYD $63.47 $105.67 $140.20 $174.99 $213.93 $253.39 $294.44
3 CYD $97.52 $162.36 $215.44 $268.89 $328.73 $389.36 $452.46
4 CYD $119.71 $233.20 $319.73 $404.80 $490.90 $589.13 $693.55
6 CYD $145.55 $248.96 $358.71 $456.91 $550.59 $650.02 $753.09
8 CYD $184.40 $314.46 $443.26 $562.93 $677.00 $801.97 $932.01
10 CYD $234.13 $400.11 $564.49 $703.66 $862.79 $1,022.28 $1,188.24
2 CYDC $322.21 $429.23 $534.03 $641.08 $748.12 $852.90 $959.94
3 CYDC $362.03 $482.29 $600.03 $720.31 $840.58 $958.32 $1,078.59
4 CYDC $404.64 $518.61 $662.67 $806.74 $950.80 $1,092.37 $1,153.98
6 CYDC $427.17 $608.83 $790.46 $970.86 $1,153.75 $1,246.25 $1,518.28
8 CYDC $487.29 $707.77 $927.01 $1,147.02 $1,302.13 $1,587.18 $1,806.42
4
3. Fees for Roll-off Services:
Type and Size Container Rental
(Per Month)
Initial Delivery
(One Time
Collection Fee
(Per Pull)
10 CY $159.13 $68.96 $288.20
20 CY $159.13 $68.96 $294.08
30 CY $159.13 $68.96 $336.84
40 CY $159.13 $68.96 $427.49
25 CYC $424.36 $90.18 $416.93
30 CYC $424.36 $90.18 $425.80
35 CYC $424.36 $90.18 $446.05
40 CYC $424.36 $90.18 $498.48
4. Monthly Fees for Commercial Hand Collect
1 to 5 Solid Waste Bags per Scheduled Collection Day $19.11 per month
6 to 10 Solid Waste Bags per Scheduled Collection Day $23.71 per month
5. Fees for Extra Pick Ups for Dumpster Services
Dumpster Type and Size Fee (per Pickup)
2 CY Dumpster $30.50
3 CY Dumpster $36.60
4 CY Dumpster $48.80
6 CY Dumpster $54.90
8 CY Dumpster $61.00
10 CY Dumpster $67.10
2 CY Dumpster Compactor $122.00
3 CY Dumpster Compactor $134.20
4 CY Dumpster Compactor $152.50
6 CY Dumpster Compactor $170.80
8 CY Dumpster Compactor $183.01
2 CY Dumpster Compactor Customer Own $125.66
3 CY Dumpster Compactor Customer Own $138.24
4CY Dumpster Compactor Customer Own $157.08
6 CY Dumpster Compactor Customer Own $175.92
8 CY Dumpster Compactor Customer Own $188.50
5
6. Fees for Eligible Disaster Debris Services
Grapple Truck $139.87 per hour per truck
Rear loader $139.87 per hour per truck
7. Other Fees for Commercial and Roll-off Services
Locks $ 9.76 per lock/per month
Casters $ 12.20 per set/per month
Permit $ 20.00 per permit
Opening and Closing of Enclosures No Charge
Liner $ 61.00 per Liner
Container Exchange Rate $ 61.00 per container
8. Fees for Additional Bulky Waste Services (in excess of Base Services)
White Good $30.50
Mattress/Box Springs $30.50
Furniture $30.50
Other $30.50 Per 2 CY
SECTION 6. That all provisions of the resolutions of the City of Coppell, Texas, in
conflict with the provisions of this Resolution, except as noted herein, be, and the same are hereby,
repealed, and all other provisions not in conflict with the provisions of this Resolution shall remain
in full force and effect.
SECTION 7. That should any word, phrase, paragraph, or section of this Resolution be
held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this
Resolution as a whole, or any part or provision thereof other than the part so decided to be
unconstitutional, illegal or invalid, and shall not affect the validity of the Resolution as a whole.
6
SECTION 8. That this Resolution shall become effective immediately from and after its passage
as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the 10th day of
January, 2017.
APPROVED:
__________________________________
KAREN SELBO HUNT, MAYOR
ATTEST:
__________________________________
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
__________________________________
CITY ATTORNEY
Master
City of Coppell, Texas 255 Parkway Boulevard
Coppell, Texas
75019-9478
File Number: 2016-3086
File ID: Type: Status: 2016-3086 Resolution Agenda Ready
1Version: Reference: In Control: Administration
11/29/2016File Created:
Final Action: Amazon - Eco Dev Incentive AgreementsFile Name:
Title: Consider approval of two Economic Development Agreements by and
between the City of Coppell and Amazon.com.kydc LLC, and authorizing
the Mayor to sign.
Notes:
Agenda Date: 01/10/2017
Agenda Number: 16.
Sponsors: Enactment Date:
Amazon - Memo.pdf, Amazon.com Economic
Development Incentive Agreement - BPP.pdf,
Amazon.com Economic Development Incentive
Agreement - Sales Tax.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: Drafter:
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 01/10/2017City Council
Text of Legislative File 2016-3086
Title
Consider approval of two Economic Development Agreements by and between the City of
Coppell and Amazon.com.kydc LLC, and authorizing the Mayor to sign.
Summary
Executive Summary:
Amazon.com.kydc LLC is considering occupying the 1,006,000 square foot building located
at 2601 W. Bethel Road to serve as a fulfillment center. There are two Economic
Development Incentive Agreements. One grants a 75% rebate of business personal
property taxes for a period of 10 years, and the other agreement grants a sales tax rebate
for a period of 20 years.
Page 1City of Coppell, Texas Printed on 1/6/2017
Master Continued (2016-3086)
Fiscal Impact:
Staff Recommendation:
Economic Development recommends approval.
Goal Icon:
Business Prosperity
Page 2City of Coppell, Texas Printed on 1/6/2017
1
MEMORANDUM
To: Mayor and City Council
From: Clay Phillips, City Manager
Date: January 10, 2017
Reference: Consider approval of Two Economic Development Incentive Agreements by and
between the City of Coppell and Amazon.com.kydc LLC, and authorizing the Mayor
to sign.
2030: Business Prosperity
Executive Summary:
Amazon.com is considering opening a third fulfillment center in Coppell. One Economic
Development Incentive Agreement provides for a rebate of business personal property taxes, and the
other Economic Development Agreement provides for a sales tax rebate.
Introduction:
Amazon.com is considering opening another fulfillment center in Coppell. They are considering
the 1,006,000 square foot warehouse building currently under construction on DFW Airport
property. The address of the building is 2701 W. Bethel Road. The building is on DFW Airport
property that is located in the city limits of Coppell.
DFW Airport is owned by the cities of Dallas and Fort Worth. Before any development could take
place on airport property, the execution of an Interlocal Agreement was required by the two owner
cities. The City entered into that agreement with Dallas and Fort Worth in 2012. The distribution
of revenue generated on DFW Airport property was one of several items addressed in the Interlocal
Agreement. The City of Coppell will receive 1/3 of the revenue generated at this facility, and the
City of Dallas and the City of Fort Worth will split the remaining revenue. Therefore, any
incentives offered by the City of Coppell will only be applied to the revenue collected by the City of
Coppell.
This facility will be a sort facility. Amazon will have approximately 1,000 employees at this
location. This will be Amazon’s third fulfillment center in Coppell.
2
Analysis:
This agenda item is for the approval of two Economic Development Agreements with
Amazon.com.kydc LLC. One Economic Development Agreement grants a 75% rebate of business
personal property for a period of 10 years. The other Economic Development Agreement provides
for a rebate of sales tax for a period of 20 years. The exact amount rebated each year will be
determined by the amount sourced to the City of Coppell each year.
Legal Review:
The documents were created by Pete Smith.
Fiscal Impact:
N/A
Recommendation:
Economic Development recommends approval.
Page 1 Economic Development Incentive Agreement
For BPP City of Coppell and Amazon.com.Kydc LLC (TM 77153)
STATE OF TEXAS §
§
COUNTY OF DALLAS §
ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT
This Economic Development Incentive Agreement (“Agreement”) is made by and between
the City of Coppell, Texas (the “City”), and Amazon.com.kydc LLC, a Delaware limited liability
company (“Company”) (each a “Party” and collectively the “Parties”), acting by and through their
respective authorized officers.
W I T N E S S E T H:
WHEREAS, Company has leased or intends to lease approximately 1,006,000 square feet of
space in a distribution center and warehouse building located at 2601 W. Bethel Road, DFW Airport,
Dallas County, Texas 75019 (hereinafter described as 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, Company has advised City that a contributing factor that would induce
Company to enter into the Lease and occupy the Leased Premises would be an agreement by City
to provide an economic development grant to Company to defray a portion of the costs of
occupying the Leased Premises; and
WHEREAS, City has adopted programs for promoting economic development and this
Agreement and the economic development incentives set forth herein are given and provided by
City pursuant to and in accordance with those programs; and
WHEREAS, City is authorized by Article 52-a of the Texas Constitution and Chapter 380
of the Texas Local Government Code to provide economic development grants to promote local
economic development and to stimulate business and commercial activity in City; and
WHEREAS, City and Company also are entering into a separate Economic Development
Incentive Agreement of even date herewith or nearly even date herewith with respect to grants
based on sales and use tax revenues (the “Sales Tax Incentive Agreement”); and
WHEREAS, City has determined that making economic development grants to Company
in accordance with this Agreement is in accordance with City Economic Development Program
and will: (i) further the objectives of City; (ii) benefit City and City’s inhabitants; and (iii) promote
local economic development and stimulate business and commercial activity in City.
NOW THEREFORE, in consideration of the foregoing, and on the terms and conditions
hereinafter set forth, and other valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Parties agree as follows:
Page 2 Economic Development Incentive Agreement
For BPP City of Coppell and Amazon.com.Kydc LLC (TM 77153)
Article I
Term
This Agreement shall be effective on the last date of execution hereof (“Effective Date”)
and shall continue until the Expiration Date, unless sooner terminated as provided herein.
Article II
Definitions
Wherever used in this Agreement, the below terms shall have the meanings ascribed to
them.
“Annual BPP Grants” shall mean ten (10) annual economic development grants to
be provided by City, each in an amount equal to seventy-five percent (75%) of the BPP
Taxes assessed against the Tangible Personal Property located at the Leased Premises and
collected by City for the applicable Tax Year, to be paid as set forth herein.
“Bankruptcy or Insolvency” shall mean the dissolution or termination of
Company’s existence, insolvency, employment of receiver for any part of Company’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 proceedings under any bankruptcy or insolvency laws by or against
Company and such proceedings are not dismissed within ninety (90) days after the filing
thereof; provided however Bankruptcy or Insolvency shall not include an event that does
not affect the Company’s ability to continue to make the Required Use of the Leased
Premises and otherwise to meet its obligations under this Agreement.
“BPP Taxes” shall mean: (i) one third of ad valorem taxes assessed and collected
by the City against the Tangible Personal Property attributed to that portion of the tax rate
for the applicable Tax Year for maintenance and operations; and (ii) one hundred percent
of the ad valorem taxes assessed and collected by the City against the Tangible Personal
Property that is attributed to that portion of the tax rate for the applicable tax year for an
interest and sinking fund for debt service. For illustration purposes only assume the City
tax rate for a given tax year is $0.63 on each one hundred dollars ($100) assessed valuation
of taxable property apportioned and distributed for purpose of defraying the current
expenditures of the municipal government of the City (Maintenance and Operations) a tax
of $0.38 on each one hundred dollars ($100) assessed value on all taxable property and for
the purpose of creating a sinking fund to pay the interest and principal maturities of all
outstanding debt of the City of a tax of $0.25 on each one hundred dollars ($100) assessed
value of taxable property within the City to be applied to the payment of interest and
maturities of all outstanding debt (Debt Service) then the BPP Taxes would be 1/3 of the
ad valorem taxes at the rate of $0.38 on each one hundred dollars ($100) assessed value of
the Tangible Personal Property plus one hundred percent of the ad valorem taxes at the rate
of $0.25 on each one hundred dollars ($100) assessed value of the Tangible Personal
Page 3 Economic Development Incentive Agreement
For BPP City of Coppell and Amazon.com.Kydc LLC (TM 77153)
Property. The BPP Taxes would then be applied to the Annual BPP Grant percentage to
arrive at the Annual BPP Grant Amount.
“City” shall mean City of Coppell, Texas.
“Company” shall mean Amazon.com.kydc LLC, a Delaware limited liability
company, along with its successors and permitted assigns.
“Company Affiliates” means any entities related to the Company by direct or
indirect common or overlapping majority ownership, where collectively the Company and
all Company Affiliates are a group of entities in which a single parent entity owns directly
or indirectly a majority interest in each other entity that is part of the group.
“Expiration Date” shall mean March 1 of the calendar year following the tenth
(10th) anniversary date of the first Grant Year.
“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, government or de facto governmental action (unless caused
by the intentionally wrongful acts or omissions of the Party), fires, explosions or floods,
strikes, slowdowns, work stoppages, or any circumstances which are reasonably beyond
the control of the Party obligated or permitted under the terms of this Agreement to do or
perform the same, regardless of whether any such circumstances are similar to any of those
enumerated or not.
“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. 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.
“Grant Year” shall mean a given Tax Year, except that the first Grant Year shall
mean the Tax Year commencing January 1 of the calendar year following the date the
Company provides written notice to the City indicating that it is fully operational at the
Leased Premises, provided, however, the first Grant Year shall not be later than the Tax
Year commencing January 1, 2019.
“Impositions” shall mean all taxes, assessments, use and occupancy taxes, charges,
excises, license and permit fees, and other charges by public or governmental authority,
general and special, ordinary and extraordinary, foreseen and unforeseen, which are or may
be assessed, charged, levied, or imposed by any public or governmental authority on
Company or any property or any business owned by Company within City.
Page 4 Economic Development Incentive Agreement
For BPP City of Coppell and Amazon.com.Kydc LLC (TM 77153)
“Lease” shall mean the lease of the Leased Premises by Company for a period of
not less than ten (10) years commencing on the Lease Inception Date.
“Lease Inception Date” shall mean the commencement date of the lease term under
the Lease, but no later than April 30, 2018.
“Leased Premises” shall mean approximately 1,006,000 square feet of space in a
distribution center and warehouse building located at 2601 W. Bethel Road, DFW Airport,
Dallas County, Texas 75019.
“Payment Request” shall mean a written request from Company to City for
payment of the applicable Annual BPP Grant, which request shall be accompanied by
copies of tax statement and/or receipt(s) and/or other evidence reasonably satisfactory to
City to establish that the ad valorem taxes assessed by City against the Tangible Personal
Property has been timely paid for such Grant Year. The Payment Request shall be in a
form determined by the Company in its reasonable discretion.
“Required Use” shall mean the Company’s continuous lease or ownership and
occupancy of the Leased Premises, and the Company’s continuous operation of a fulfillment
center at the Leased Premises, which may include other functions and activities consistent
with the Company’s business purposes, including but not limited to an employee store, a
product return center, and a sortation center.
“Tangible Personal Property” shall have the same meaning assigned by Tax Code,
Section 1.04, and shall mean all tangible personal property, equipment, fixtures, and
machinery, inventory and supplies owned or leased by Lessee and located in the Leased
Premises on January 1 of a given Tax Year. Tangible Personal Property shall not include
Freeport Goods or Goods in Transit.
“Taxable Value” shall mean the appraised value as certified by the Appraisal
District as of January 1 of the given Tax Year.
“Tax Year” shall have the meaning assigned to such term in Section 1.04 of the
Texas Tax Code (i.e., the calendar year).
Article III
Economic Development Grant
3.1 Annual BPP Grants.
(a) Subject to the continued satisfaction of all the terms and conditions of this
Agreement by Company, and provided the Taxable Value of the Tangible Personal Property is at
least One Hundred Million Dollars ($100,000,000.00), (the “Minimum Taxable Value”) City
agrees to provide Company with ten (10) Annual BPP Grants to be paid within thirty (30) days
after receipt of a Payment Request following March 1 of each calendar year (or the immediately
Page 5 Economic Development Incentive Agreement
For BPP City of Coppell and Amazon.com.Kydc LLC (TM 77153)
following business day if March 1 is not a business day), beginning with March 1 , of the year
following the first Grant Year, provided City ad valorem taxes assessed against the Tangible
Personal Property have been paid in full for the respective Grant Year (i.e., the Tax Year
immediately preceding the year in which an Annual BPP Grant is to be made) prior to the
delinquency date. The failure of the Tangible Personal Property to have a Taxable Value of at least
the Minimum Taxable Value as of January 1 of any calendar year during the term of this
Agreement shall not be considered an event of default or breach of this Agreement, but rather such
event shall result in the forfeiture of the Annual BPP Grant for the Tangible Personal Property for
such Tax Year.
(b) Each Payment Request shall be submitted to the City not later than seventy-five
calendar days (75) days immediately following the end of the applicable Grant Year. If the
Company fails to timely submit the Payment Request for any applicable Grant Year the Company
shall forfeit the Annual BPP Grant for such Grant Year; provided, however, the City must provide
written notice pursuant to Section 6.5 of this Agreement to the Company that the City did not
receive a timely submitted Payment Request for an applicable Grant Year and that the City is
claiming a forfeiture of the corresponding Annual BPP Grant under this Section 3.1, and the
Company shall not forfeit the Annual BPP Grant for such Grant Year if the Company p rovides a
Payment Request within thirty (30) days following the Company’s receipt of such notice
3.2 Tax Protest. In the event Company or another party timely and properly protests
or contests (including any motion to correct the appraisal roll) the Taxable Value and/or the
taxation of the Tangible Personal Property with the applicable appraisal district (or its successor),
the obligation of City to provide the Annual BPP Grant with respect to the Tangible Personal
Property for such Tax Year shall be dela yed with respect to the portion protested or contested until
a final determination has been made of such protest or contest. In the event Company or another
party’s protests and/or contests results in a final determination that changes the amount of ad
valorem taxes assessed and due for the Tangible Personal Property (or portion thereof) after any
Annual BPP Grant has been paid for such Tax Year, the Annual BPP Grant for such Tax Year
shall be adjusted (increased or decreased as the case may be) accordingly on the date of payment
of the next Annual BPP Grant, or within thirty (30) business days after such determination in the
event no further Annual BPP Grant is due under the Agreement.
3.3 Refunds and Underpayments of Grants. In the event City reasonably determines
that the amount of any Annual BPP Grant paid by City to Company was incorrect, Company shall,
within thirty (30) days after receipt of written notification thereof from City specifying the amount
by which such Annual BPP Grant exceeded the correct amount to which Company was entitled
(together with such records, reports and other information necessary to support such
determination), pay such amount to City. If City reasonably determines that the amount by which
such Annual BPP Grant was less than the correct amount to which Company was entitled (together
with such records, reports and other information necessary to support such determination), City
shall, within thirty (30) days, pay the adjustment to Company.
3.4 Current Revenue. The Annual BPP Grants shall be paid solely from annual
appropriations from the general funds of the City or from such other funds of the City as may be
Page 6 Economic Development Incentive Agreement
For BPP City of Coppell and Amazon.com.Kydc LLC (TM 77153)
legally set aside for such purpose consistent with Article III, Section 52(a) of the Texas
Constitution. Further, the City shall not be obligated to pay any commercial bank, lender or similar
institution for any loan or credit agreement made by Company.
3.5 Grant Limitations. Under no circumstances shall the obligations of the City
hereunder be deemed to create any debt within the meaning of any constitutional or statutory
provision; provided; however, the City agrees during the term of this Agreement to make a good
faith effort to appropriate funds each year to pay the Annual BPP Grant for the then ensuing fiscal
year. Further, the City shall not be obligated to pay any commercial bank, lender or similar
institution for any loan or credit agreement made by the Company. None of the obligations of the
City under this Agreement shall be pledged or otherwise encumbered by the Company in favor of
any commercial lender and/or similar financial institution.
Article IV
Conditions to Grants
The obligation of City to provide the Annual BPP Grants shall be conditioned upon the
compliance and satisfaction by Company of the terms and conditions of this Agreement and each
of the conditions set forth in Article IV.
4.1 Payment Request. Company shall, as a condition precedent to the payment of each
applicable Annual BPP Grant, timely provide City with the applicable Payment Request pursuant
to Section 3.1(b) of this Agreement.
4.2 Good Standing. Company shall not have an uncured breach or default of this
Agreement.
4.3 Required Use. During the period beginning on the Lease Inception Date and
continuing until the Expiration Date, the Leased Premises shall not be used for any purpose other
than the Required Use, and the operation of the Leased Premises in conformance with the Required
Use shall not cease for more than thirty (30) continuous days except in connection with, and to the
extent of an event of Force Majeure, a casualty to the Leased Premises preventing the Company
from using the Leased Premises for the Required Use, or a temporary cessation of operations for
a business purpose related to and consistent with the Company’s use of the Leased Premises for
the Required Use, such as temporary cessation of operations to remodel or modernize th e Leased
Premises.
4.4 Lease. The Company shall have entered into the Lease on or before June, 2017, and
the Company shall initially occupy the Leased Premises on or before April 30, 2018; provided,
however, such dates shall be extended as reasonably necessary if the Company’s entry into the
Lease or its occupancy of the Leased Premises is delayed by an event of Force Majeure, a delay in
the construction of the Premises, or other unforeseen delays for reasonable cause.
4.5 Continuous Occupancy. Subject to the provisions of Section 4.3 of this Agreement,
the Company shall, beginning on the Lease Inception Date and continuing thereafter until the
Page 7 Economic Development Incentive Agreement
For BPP City of Coppell and Amazon.com.Kydc LLC (TM 77153)
Expiration Date, continuously lease or own, and occupy the Leased Premises. Notwithstanding
the foregoing, during the period beginning on the Lease Inception Date and continuing until the
Expiration Date, the operation of the Leased Premises shall not cease for more than thirty (30)
continuous days except in connection with, and to the extent of an event of Force Majeure, a
casualty to the Leased Premises preventing the Company from using the Leased Premises for the
Required Use, or a temporary cessation of operations for a business purpose related to and
consistent with the Company’s use of the Leased Premises for the Required Use, such as temporary
cessation of operations to remodel or modernize the Leased Premises.
Article V
Termination
5.1 Termination. This Agreement shall terminate upon any one or more of the
following:
(a) by written agreement of the Parties;
(b) Expiration Date;
(c) upon written notice, by either Party in the event the other Party breaches
any of the terms or conditions of this Agreement and such breach is not
cured within forty-five (45) days after the non-breaching Party sends written
notice to the breaching Party of such breach;
(d) by the Company, upon written notice of termination, without breach and
effective immediately if the Lease terminates according to its terms, if the
Lease is not renewed or extended at the end of the Lease term, if the
Company remains a lessee under the Lease but discontinues active business
operations at the Leased Premises, or otherwise in the Company’s
discretion;
(e) by the City, upon written notice of termination, if Company suffers an event
of Bankruptcy or Insolvency;
(f) by the Company, upon written notice of termination, if the City suffers an
event of Bankruptcy or Insolvency;
(g) by the City, upon written notice of termination, if any Impositions owed to
the City or the State of Texas by Compan y shall become delinquent;
provided, however, (i) the City shall provide the Company notice within
thirty (30) days of learning of any Impositions it believes are owed by the
Company and have become delinquent; (ii) the Company shall have an
opportunity to cure such delinquent Impositions in the same cure period as
provided for breaches of this Agreement under Section 5.1(c) of this
Agreement; and (iii) the Company retains the right to timely and properly
protest and contest any such Impositions and no Imposition shall be
considered delinquent during any period that the Company is pursuing any
rights to protest or contest such Imposition; or
(h) by either party, upon written notice of termination, if any subsequent
Federal or State legislation or any decision of a court of competent
Page 8 Economic Development Incentive Agreement
For BPP City of Coppell and Amazon.com.Kydc LLC (TM 77153)
jurisdiction declares or renders this Agreement invalid, illegal or
unenforceable.
5.2 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
Company, regardless of whether the amount due arises pursuant to the terms of this Agreement or
otherwise; provided, however (i) the City shall provide the Company notice within thirty (30) days
of determining that any debt is believed lawfully due to the City from the Company; (ii) the
Company shall have an opportunity for no less than forty-five (45) days to resolve or pay such
debt to City before any offset to amounts payable under this Agreement may occur; and (iii) the
Company retains all rights to contest whether or in what amount any debt is owed to the City, and
the City may not offset any asserted amount of debt owed by the Company against amounts due
and owing under this Agreement during any period during which the Company is contesting
whether such amount of debt is due and owing.
5.3 Waiver of Immunity. Notwithstanding anything to the contrary herein, the City and
the Company acknowledge and agree that this Agreement is subject to the provisions of
Subchapter I of Chapter 271, Texas Local Government Code, as amended. The City agrees that its
immunity from suit is waived for the purpose of adjudicating a claim for breach of this Agreement,
which is subject to the terms and conditions of Subchapter I of Chapter 271, Texas Local
Government Code, as amended.
Article VI
Miscellaneous
6.1 Binding Agreement. The terms and conditions of this Agreement are binding upon
the successors and permitted assigns of the Parties hereto. This Agreement may not be assigned
without the express written consent of City Manager, which may not be unreasonably withheld,
except that Company may assign this Agreement to a Company Affiliate or in connection with any
merger, reorganization, sale of all or substantially all of Company’s assets or any similar
transaction.
6.2 Limitation on Liability. It is understood and agreed by the Parties that Company,
in satisfying the conditions of this Agreement, has acted independently, and City assumes no
responsibilities or liabilities to third parties in connection with these actions. Except to the extent
caused by City’s gross negligence or willful misconduct, Company agrees to indemnify and hold
harmless City from all such claims, suits, and causes of actions, liabilities and expenses of any
nature whatsoever by a third party arising out of Company’s failure to perform its obligations
under this Agreement. City agrees that Company has the right to take over and manage the defense
of any claim for which City seeks indemnification. Notwithstanding any other provision in this
Agreement, Company will not be required to indemnify City for any settlements reached with
respect to a third party claim unless Company has provided its prior written consent for such
settlement. Moreover, Company shall not be liable for incidental or consequential damages.
Page 9 Economic Development Incentive Agreement
For BPP City of Coppell and Amazon.com.Kydc LLC (TM 77153)
6.3 No Joint Venture. It is acknowledged and agreed by the Parties that the terms
hereof are not intended to and shall not be deemed to create a partnership or joint venture among
the Parties.
6.4 Authorization. Each Party represents that it has full capacity and authority to grant
all rights and assume all obligations that are granted and assumed under this Agreement.
6.5 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 if sent by nationally recognized overnight courier service, facsimile with electronic
confirmation, or otherwise hand delivered. Each Party may update its contact information by
notice to the other. Routine business and technical correspondence must be in English, and may
be in electronic form. All legal notices given under this Agreement must be written, in non -
electronic form, and in English, and will be effective when received.
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 Ross Tower
500 N. Akard
Dallas, Texas 75201
If intended for Company, to:
Amazon.com.kydc LLC
410 Terry Avenue North
Seattle, Washington 98109
Attn: Director of Economic Development
Fax: (206) 266-7010
Email: economicdevelopment@amazon.com
With a copy to:
Amazon.com, Inc.
410 Terry Avenue North
Seattle, Washington 98109
Attn: General Counsel (Real Estate)
Fax: (206) 266-7010
Email: contracts-legal@amazon.com
6.6 Entire Agreement. This Agreement is the entire Agreement between the Parties
with respect to the subject matter covered in this Agreement. There is no other collateral oral or
Page 10 Economic Development Incentive Agreement
For BPP City of Coppell and Amazon.com.Kydc LLC (TM 77153)
written Agreement between the Parties that in any manner relates to the subject matter of this
Agreement, except as provided in any Exhibits attached hereto.
6.7 Governing Law. The 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 concerning this
Agreement shall be in the State District Court of Dallas County, Texas. The Parties agree to submit
to the personal and subject matter jurisdiction of said court.
6.8 Amendment. This Agreement may only be amended by the mutual written
agreement of the Parties.
6.9 Legal Construction. 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 affect other provisions, and it is the
intention of the Parties to this Agreement that in lieu of each provision that is found to be illegal,
invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and
enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or
unenforceable.
6.10 Recitals. The recitals to this Agreement are incorporated herein.
6.11 Counterparts. This Agreement may be executed in counterparts. Each of the
counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one
and the same instrument.
6.12 Survival of Covenants. Any of the representations, warranties, covenants, and
obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period
of time following the termination of this Agreement shall survive termination.
6.13 Employment of Undocumented Workers. During the term of this Agreement
Company agrees not to knowingly employ any undocumented workers and, if convicted of a
violation under 8 U.S.C. Section 1324a (f), Company shall repay the amount of the Annual BPP
Grants and any other funds received by Company from City as of the date of such violation within
one hundred twenty (120) days after the date Company is notified by City of such violation, plus
interest at the rate of four percent (4%) compounded annually from the date of violation until paid.
Company is not liable for a violation of this section in relation to any workers employed by a
subsidiary, affiliate, or franchisee of Company or by a person with whom Company contracts.
6.14 Conditions Precedent. This Agreement is expressly subject to and the obligations
of the Parties are subject to the following conditions precedent: (i) Company having entered into
the Lease on or before June 30, 2017; and (ii) Company occupying the Leased Premises on or
before April 30, 2018.
6.15 Confidentiality/Information Security. The City will use adequate safeguards to
maintain the security and confidentiality of all materials, communications, data and information
Page 11 Economic Development Incentive Agreement
For BPP City of Coppell and Amazon.com.Kydc LLC (TM 77153)
related to this Agreement or supplied by the Company in connection with this Agreement. The
City’s staff, representatives and agents will exercise the utmost discretion in oral and written
communications regarding the project and will provide information internally only to those
individuals who need the information to facilitate the parties’ performance under this Agreement.
The City will use adequate physical and technical measures to maintain the security of all
electronic and tangible records relating to this Agreement. The City agrees to promptly notify the
Company in the event the City experiences a security breach that could have impacted any
electronic or tangible records relating to this Agreement. The City acknowledges and agrees that
the Company must comply with its information security policies in performing its obligations
under this Agreement and that to the extent the Company is required to deliver certain sensitive
information in connection with this Agreement, the Company may deliver such information in
password protected and encrypted files.
The City shall endeavor to notify the Company within five (5) business days after receiving
any Public Information Act request that seeks disclosure of information provided by or concerning
the Company or a Company Affiliate, and the parties will reasonably cooperate to determine
whether or to what extent the requested information may be released without objection and without
seeking a written opinion of the Texas Attorney General. The City shall, if reasonable under the
Public Information Act or other applicable law, take the position that any information responsive
to a Public Information Act request relating to the Company or a Company Affiliate that the parties
do not mutually agree to release without objection is information not subject to release to the public
pursuant to Section 552.110 of the Texas Government Code, or other applicable law. The City
shall, if reasonably supported by applicable law, seek a written opinion from the Texas Attorney
General raising any applicable exception to release of such information prior to any release to a
third party under the Texas Public Information Act. If the City seeks a written opinion from the
Texas Attorney General pursuant to Section 552.305 of the Texas Government Code, the City may
require the Company to draft and submit to the Texas Attorney General the substantive comments
or arguments in support of such opinion request. The City shall provide the Company timely notice
and an opportunity to review and comment on any opinion request submitted by the City.
[Signature page to follow]
Page 12 Economic Development Incentive Agreement
For BPP City of Coppell and Amazon.com.Kydc LLC (TM 77153)
EXECUTED on this _______ day of _____________________, 2016.
CITY OF COPPELL, TEXAS
By:
Karen Selbo Hunt, Mayor
ATTEST:
By:
Christel Pettinos, City Secretary
APPROVED AS TO FORM:
By:
City Attorney
EXECUTED this the _________ day of ______________________, 2016.
AMAZON.COM.KYDC LLC
By:
Name:
Title:
Page 1 Economic Development Incentive Agreement
Sales Tax Sharing City of Coppell and Amazon.com.kydc LLC
STATE OF TEXAS §
§
COUNTY OF DALLAS §
ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT
This Economic Development Incentive Agreement (“Agreement”) is made by and between the
City of Coppell, Texas (the “City”), and Amazon.com.kydc LLC, a Delaware limited liability
company (“Company”), acting by and through their respective authorized officers.
W I T N E S S E T H:
WHEREAS, the Company has leased or intends to lease approximately 1,006,000 square
feet of space in a building constructed at 2601 W. Bethel Road, DFW Airport, Dallas County,
Texas 75261 (the “Leased Premises”), for an initial lease term of ten (10) years, with a right to
extend the lease term thereafter (the “Lease”), and intends to locate and maintain Tangible Personal
Property (hereinafter defined) at the Leased Premises; and
WHEREAS, Company and/or one or more Company Affiliates (hereinafter defined)
intend to locate Tangible Personal Property (hereinafter defined) at the Leased Premises; and
WHEREAS, the Company has advised the City that a contributing factor that would
induce the Company to enter into the Lease and occupy the Leased Premises would be an
agreement by the City to provide an economic development grant to the Company as set forth
herein; and
WHEREAS, the City has adopted programs for promoting economic development and
this Agreement and the economic development incentives set forth herein are given and provided
by the City pursuant to and in accordance with those programs; and
WHEREAS, the City is authorized by Article 52-a of the Texas Constitution and Chapter
380 of the Texas Local Government Code to provide economic development grants to promote
local economic development and to stimulate business and commercial activity in the City; and
WHEREAS, the City has determined that making an economic development grant to the
Company in accordance with this Agreement is in accordance with the City Economic
Development Program and will: (i) further the objectives of the City; (2) benefit the City and the
City’s inhabitants; and (iii) promote local economic development and stimulate business and
commercial activity in the City.
NOW THEREFORE, in consideration of the foregoing, and on the terms and conditions
hereinafter set forth, and other valuable consideration the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
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Sales Tax Sharing City of Coppell and Amazon.com.kydc LLC
Article I
Term
This Agreement shall be effective on the last date of execution hereof (“Effective Date”)
and shall continue until the Expiration Date, unless sooner terminated as provided herein.
Article II
Definitions
Wherever used in this Agreement, the following terms shall have the meanings ascribed to
them:
“Annual Grants” shall mean twenty (20) annual grants to be paid by City to the
Company as set forth herein. The amount of each Annual Grant shall be computed by
multiplying one third (1/3) of the Sales Tax Receipts received by the City for a given Grant
Period by the percentage specified in the schedule in Section 3.1(a).
“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 such
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; provided, however, “Bankruptcy or Insolvency” shall not include an event that
does not affect the Company’s ability to continue to make the Required Use of the Leased
Premises and otherwise to meet its obligations under this Agreement.
“City” shall mean the City of Coppell, Texas.
“Commencement Date” shall mean the date set forth in the Company Not ice to
Proceed.
“Company” shall mean Amazon.com.kydc LLC, a Delaware limited liability
company, along with its successors and permitted assigns.
“Company Affiliates” means any entities related to the Company by direct or
indirect common or overlapping majority ownership, where collectively the Company and
all Company Affiliates are a group of entities in which a single parent entity owns directly
or indirectly a majority interest in each other entity that is part of the group.
“Company Affiliate List” means a written list of Company Affiliates that pay or
collect or may pay or collect Sales and Use Taxes giving rise to Sales Tax Receipts which
includes the taxpayer identification number, taxpayer name and outlet location(s) in the
City for each Company Affiliate as reported to the State of Texas.
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Sales Tax Sharing City of Coppell and Amazon.com.kydc LLC
“Company Notice to Proceed” shall mean written notification from the Company
to the City that Company intends to treat the sale of Taxable Items at the Leased Premises
as Consummated at the Leased Premises within the Eligibility Period.
“Consummated” shall have the same meaning assigned by Texas Tax Code, Section
321.203, or its successor, including after a change of law the applicable principles for
determining the incidence of local sales and use taxes for purposes of the Company and
Company Affiliates’ collection of Sales and Use Tax on sales of Taxable Items related to
the Leased Premises.
“Eligibility Period” shall mean the period beginning on the Effective Date and
continuing through and including January 1, 2021, unless the City and Company agree to
extend the period to January 1, 2022 or a later date.
“Expiration Date” shall mean April 1 of the calendar year immediately following
the end of the twentieth (20th) annual Grant Period.
“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, government or de facto governmental action (unless caused
by the intentionally wrongful acts or omissions of the party), fires, explosions or floods,
strikes, slowdowns, work stoppages, or any circumstances which are reasonably beyond
the control of the party obligated or permitted under the terms of this Agreement to do or
perform the same, regardless of whether any such circumstances are similar to any of those
enumerated or not.
“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 Leased
Premises. Freeport Goods does not include “Goods in Transit” as defined by the Texas Tax
Code, Section 11.253.
“Goods in Transit” shall have the same meaning as assigned by the Texas Tax
Code, Section 11.253.
“Grant Period” shall mean each full calendar year beginning with January 1 of the
calendar year immediately following the Commencement Date.
“Impositions” shall mean all taxes, assessments, use and occupancy taxes, charges,
excises, license and permit fees, and other charges by public or governmental authority,
general and special, ordinary and extraordinary, foreseen and unforeseen, which are or may
be assessed, charged, levied, or imposed by any public or governmental authority on the
Company or any property or any business owned by Company within the City.
“Lease” shall mean the lease of the Leased Premises by the Company for a period
of ten (10) years, with extension rights, commencing on the Lease Inception Date.
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Sales Tax Sharing City of Coppell and Amazon.com.kydc LLC
“Lease Inception Date” shall mean the commencement date of the lease term under
the Lease, but no later than April 30, 2018.
“Leased Premises” shall mean approximately 1,006,000 square feet of space in the
building constructed at 2601 W Bethel Road, DFW Airport, Dallas County, Texas 76261.
“Payment Request” shall mean a written request from the Company to the City for
payment of the applicable Annual Grant, accompanied by the Sales Tax Certificate for the
applicable Grant Period, and noting whether the Company is currently under audit by the
Texas Comptroller with respect to the Sales and Use Tax. The Payment Request shall be
in a form determined by the Company in its reasonable discretion.
“Required Use” shall mean the Company’s continuous lease or ownership and
occupancy of the Leased Premises, and the Company’s continuous operation of a
fulfillment center at the Leased Premises, which may include other functions and activities
consistent with the Company’s business purposes, including but not limited to an employee
store, a product return center, and a sortation center.
“Retailers” shall mean the Company and Company Affiliates when required by
the State of Texas to collect Sales and Use Tax on the sale of Taxable Items.
“Sales and Use Tax” shall mean the one percent (1%) sales and use tax imposed by
the City pursuant to Chapter 321, Texas Tax Code, for revenues for general City use.
“Sales Tax Area Reports” shall mean reports as provided in Texas Tax Code,
Section 321.3022, with respect to Sales and Use Tax allocations to the City attributable to
the Company and Company Affiliates’ sales and purchases of Taxable Items Consummated
at the Leased Premises.
“Sales Tax Certificate” shall mean one or more Sales Tax Area Reports that list the
amount of Sales Tax Receipts (including any refunds, credits or adjustments) for the
applicable Grant Period, or if a Sales Tax Area Report is not available or to the extent a
Sales Tax Area Report for a Grant Period does not include particular Sales Tax Receipts,
a certificate or other statement, containing the information required as set forth herein, in
a form provided by the Company reasonably acceptable to the City setting forth Sales Tax
Receipts (including any refunds, credits or adjustments) for the applicabl e Grant Period,
which are to be used to determine eligibility of the Company for the Annual Grants,
together with such supporting documentation required herein, and as the City may
reasonably request.
“Sales Tax Receipts” shall mean the City’s receipts of Sales and Use Tax from the
State of Texas (i) from the Retailers’ collection of Sales and Use Tax (it being expressly
understood that the City’s one percent (1%) sales and use tax receipts are being used only
as a measurement for its use of general funds to make a grant for economic development
Page 5 Economic Development Incentive Agreement
Sales Tax Sharing City of Coppell and Amazon.com.kydc LLC
purposes) as a result of sales of Taxable Items by Retailers for the applicable Grant Period
Consummated at the Leased Premises, and (ii) from the Company and Company Affiliates’
payments to vendors or directly to the State of Texas of Sales and Use Tax on purchases
of Taxable Items Consummated at the Leased Premises; and (iii) from Sales and Use Tax
paid by any person in connection with the construction of the Leased Premises for the
purchase of Taxable Items Consummated at the Leased Premises. For clarity, Sales Tax
Receipts means one third (1/3) of the amounts of Sales and Use Taxes actually received by
the City from the State of Texas and therefore does not include Sales and Use Taxes
retained by the State of Texas, rather than paid to the City, as the State of Texas’
administrative fee for collection of the Sales and Use Taxes pursuant to Texas Tax Code,
Section 321.503. Sales Tax Receipts include the City’s one percent (1%) Sales and Use
Tax but do not include the one-half percent (0.5%) sales and use tax imposed for the benefit
of the Coppell Recreation Development Corporation, pursuant to the Development
Corporation Act, Chapters 501-505 of the Texas Local Government Code, the one-quarter
percent (0.25%) sales and use tax imposed by the City and specifically devoted to street
maintenance and repairs, or the one-quarter percent (0.25%) sales and use tax imposed for
the Coppell Crime Control Special Purpose District.
“State of Texas” shall mean the Office of the Texas Comptroller, or its successor.
“Tangible Personal Property” shall mean all tangible personal property, equipment,
furniture and fixtures (but excluding Freeport Goods and Goods in Transit ) owned or
leased by Company and that is added to the Leased Premises subsequent to the execution
of this Agreement.
“Taxable Items” shall mean both “tangible personal property” and “taxable
services” as those terms are defined by Chapter 151, Texas Tax Code, as amended.
Article III
Economic Development Grant
3.1 Grants. (a) Subject to the issuance of the Company Notice to Proceed within the
Eligibility Period, the Required Use and continued satisfaction of all the terms and conditions of
this Agreement, the City agrees to provide the Company with twenty (20) Annual Grants each in
an amount equal to one third (1/3) of the Sales Tax Receipts received by the City for a given Grant
Period multiplied by the percentage according to the schedule set forth below for the applicable
annual Grant Period. The City shall pay each Annual Grant within ninety (90) days after the City’s
receipt from the Company of a Payment Request following the end of the applicable Grant Period
and noting whether the Company is currently under audit by the Texas Comptroller with respect
to the Sales and Use Tax. Each Payment Request shall be submitted to the City not later than
seventy-five calendar days (75) days immediately following the end of the applicable Grant Period.
If the Company fails to timely submit the Payment Request for any app licable Grant Period the
Company shall forfeit the Annual Grant for such Grant Period; provided, however, the City must
provide written notice to the Company that the City did not receive a timely submitted Payment
Request for an applicable Grant Period and that the City is claiming a forfeiture of the
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corresponding Annual Grant under this Section 3.1, and the Company shall not forfeit the Annual
Grant for such Grant Period if the Company provides a Payment Request within thirty (30) days
following the Company’s receipt of such notice.
Amount of Sales of Taxable Items
Consummated at the Leased
Premises for the Grant Period
Percentage for Grant
$100,000.00 - $10,000,000.00 15%
$10,000,001.00 - $50,000,000.00 25%
$50,000,001.00 - $100,000,000.00 50%
$100,000,001.00 - $200,000,000.00 75%
$200,000,001.00 - $300,000,000.00 80%
$300,000,001.00 or more 85%
(b) Adjustment Notification. The Company shall notify the City in writing within sixty
(60) days after a final action or determination that is non-appealable or is no longer appealable of
any adjustments found, determined or made by the Company or a Company Affiliate, the State of
Texas or by an audit or other action that results, or will result, in either a refund, repayment of, or
reallocation of Sales Tax Receipts or the payment of additional Sales and Use Tax . Such
notification shall also include the amount or estimated amount of any such adjustment in Sales and
Use Tax or Sales Tax Receipts. The provisions of this Section 3.1(b) shall survive termination of
this Agreement until the end of the State of Texas audit period for the last year of the Grant Period.
(c) Company-Initiated Adjustments to Prior Periods’ Sales and Use Taxes. In the event
the Company or a Company Affiliate file an amended sales and use tax return, refund claim, or other
report with the State of Texas that is approved by the State of Texas and that affects Sales Tax Receipts
for a previous Grant Period (a “Company Adjustment”), then the Annual Grant payment for the Grant
Period that includes the State of Texas’ final approval of such Company Adjustment shall be adjusted
accordingly (i.e., up or down, depending on the facts). A reduction in an Annual Grant payment for
a Grant Period that includes a Company Adjustment is required only to the extent the Company
received a prior Annual Grant payment attributable to Sales Tax Receipts affected by the Company
Adjustment and the City is or will be obligated to repay the State of Texas (including by payment,
credit, or offset) such prior Sales Tax Receipts. If any Payment Request is affected by a Company
Adjustment, the Company shall provide the City as part of the Payment Request a copy of any
amended sales and use tax report or return, refund claim, or other report that gives rise to such
Company Adjustment and the approval thereof by the State of Texas. The provisions of this Section
3.1(c) shall survive termination of this Agreement until the end of the State of Texas audit period
for the last year of the Grant Period.
(d) Comptroller-Initiated Adjustments to Prior Periods’ Sales and Use Tax - General.
In the event (i) the State of Texas determines that the City erroneously received Sales Tax Receipts,
or that the amount of Sales Tax Receipts paid to the City exceed s (or is less than) the correct
amount of Sales Tax Receipts for a previous Grant Period for which the Company has received an
Annual Grant (a “Sales Tax Receipts Adjustment”), and (ii) the City pays to or receives from the
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Sales Tax Sharing City of Coppell and Amazon.com.kydc LLC
State of Texas the amount of a Sales Tax Receipts Adjustment, whether by payment, credit, or
offset, then (iii) the City shall adjust (up or down, depending on the facts) the amount due for the
Annual Grant payment for the Grant Period that includes such Sales Tax Receipts Adjustment by
treating the positive or negative Sales Tax Receipts Adjustment as Sales Tax Receipts. If a Sales
Tax Receipts Adjustment exceeds the Annual Grant amount for the Grant Period that includes the
Sales Tax Receipts Adjustment (such excess being the “Adjustment Amount”), the Adjustment
Amount shall be applied by the City against one or more subsequent Annual Grant amounts until
it is fully offset. In the event that there are not sufficient subsequent Annual Grant amounts to
fully offset the Adjustment Amount, the Company shall pay to the City the portion of the
Adjustment Amount that is not offset within sixty (60) days after the receipt of an invoice therefor
from the City. As a condition precedent to an adjustment of an Annual Grant amount or payment
of an Adjustment Reimbursement pursuant to this Section 3.1(d), the City shall provide the
Company with a copy of a final determination of a Sales Tax Receipts Adjustment by the State of
Texas. The provisions of this Section 3.1(d) shall survive termination of this Agreement until the
end of the State of Texas audit period for the last year of the Grant Period.
(e) Comptroller Challenge to City Tax Sourcing. Subject to the provisions of this
Section 3.1(e), the City’s obligation to pay the Annual Grants shall terminate on the effective date
of a final determination by the State of Texas or other appropriate agency or court of competent
jurisdiction that is non-appealable or no longer appealable that the Leased Premises are not a place
of business resulting in Sales and Use Taxes being due to the City from the sale of Taxable Items
by Retailers at the Leased Premises. In the event the State of Texas or any other governmental or
private person seeks to invalidate the Retailers’ characterization of the Leased Premises as a place
of business at which Consummation of the sale of Taxable Items occur (the “Comptroller
Challenge”), the Company shall not be required as a result of the pendency of the Comptroller
Challenge to return or refund the Annual Grants previously received from the City provided the
Company and/or the City is actively defending against and/or contesting the Comptroller
Challenge. In the event (i) the Comptroller Challenge is not resolved favorably to the City and/or
in the event the State of Texas determines in a ruling or determination that is non-appealable or no
longer appealable that the Leased Premises is not a place of business at which Consummation of
the sale of Taxable Items occurs, and (ii) if Sales Tax Receipts previously paid or allocated to the
City by the State of Texas relating to the sale of Taxable Items at the Leased Premises are reversed
as a result of the Comptroller Challenge and are to be repaid by the City to the State of Texas,
whether by payment, credit, or offset, then (iii) the Company shall refund all Annual Grants
received by the Company from the City to the extent such Annual Grants were attributable to Sales
Tax Receipts required to be repaid by the City as a result of the Comptroller Challenge, which
refund shall be paid to the City within forty-five (45) days of the date the Comptroller Challenge
is final and non-appealable. In the event of any conflict between this Section 3.1(e) and the
provisions of Section 3.1(d) of this Agreement, this Section 3.1(e) shall apply. The provisions of this
Section 3.1(e) shall survive termination of this Agreement until the end of the State of Texas audit
period for the last year of the Grant Period.
(f) Cooperation in Disputes. If the City receives notice from the State of Texas of any
audit or inquiry that may lead to a Sales Tax Receipts adjustment or to a Comptroller Challenge (a
“Tax Dispute”), the City will notify the Company within fourteen (14) days of receipt o f such
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notice and will use its best efforts to cooperate with the Company to contest the Sales Tax Receipts
adjustment or Comptroller Challenge. To the greatest extent allowed by applicable law, the City
will allow the Company or its designated representatives the right to be responsible for all aspects
of contesting a Tax Dispute.
3.2 Current Revenue. The Annual Grants made hereunder shall be paid solely from
lawfully available funds that have been appropriated by the City. The Annual Grants shall be
paid solely from annual appropriations from the general funds of the City or from such other
funds of the City as may be legally set aside for such purpose consistent with Article III, Section
52(a) of the Texas Constitution. Further, the City shall not be obligated to pay any commercial
bank, lender or similar institution for any loan or credit agreement made by Company. None of
the City’s obligations under this Agreement shall be pledged or otherwise encumbered in favor
of any commercial lender and/or similar financial institution.
3.3 Grant Limitations. Under no circumstances shall the obligations of the City
hereunder be deemed to create any debt within the meaning of any constitutional or statutory
provision; provided; however, the City agrees during the term of this Agreement to make a good
faith effort to appropriate funds each year to pay the Annual Grant for the then ensuing fiscal year.
3.4. Indemnification. THE COMPANY AGREES TO DEFEND, INDEMNIFY AND
HOLD THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY THE
“CITY”) HARMLESS FROM AND AGAINST ANY AND ALL REASONABLE LIABILITIES,
DAMAGES, CLAIMS, LAWSUITS, JUDGMENTS, ATTORNEY FEES, COSTS, EXPENSES,
AND DEMANDS BY THE STATE OF TEXAS THAT THE CITY HAS BEEN PAID
ERRONEOUSLY, OR OVER-PAID OR INCORRECTLY ALLOCATED SALES AND USE
TAX ATTRIBUTED TO THE SALE OF TAXABLE ITEMS BY THE RETAILERS AT THE
LEASED PREMISES OR IN THE CITY FOR ANY GRANT PERIOD AS THE RESULT OF
THE FAILURE OF THE COMPANY TO MAINTAIN A PLACE OF BUSINESS AT THE
LEASED PREMISES OR IN THE CITY, OR AS A RESULT OF ANY ACT OR OMISSION OR
BREACH OR NON-PERFORMANCE BY COMPANY UNDER THIS AGREEMENT EXCEPT
THAT THE INDEMNITY PROVIDED HEREIN SHALL NOT APPLY TO ANY LIABILITY
RESULTING FROM THE ACTIONS OR OMISSIONS OF THE CITY. CITY AGREES THAT
COMPANY HAS THE RIGHT TO TAKE OVER AND MANAGE THE DEFENSE OF ANY
CLAIM FOR WHICH CITY SEEKS INDEMNIFICATIONS. NOTWITHSTANDING ANY
OTHER PROVISION IN THIS AGREEMENT, COMPANY WILL NOT BE REQUIRED TO
INDEMNIFY CITY FOR ANY SETTLEMENTS REACHED WITH RE SPECT TO A THIRD
PARTY CLAIM UNLESS COMPANY HAS PROVIDED ITS PRIOR WRITTEN CONSENT
FOR SUCH SETTLEMENT. MOREOVER, COMPANY SHALL NOT BE LIABLE FOR
INCIDENTAL OF CONSEQUENTIAL DAMAGES. THE PROVISIONS OF THIS SECTION
ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO
CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER
PERSON OR ENTITY. IT BEING THE INTENTION OF THE PARTIES THAT THE
COMPANY SHALL BE RESPONSIBLE FOR THE REPAYMENT OF ANY ANNUAL
GRANTS PAID TO THE COMPANY HEREIN COMPUTED WITH RESPECT TO SALES
AND USE TAX RECEIPTS THAT THE STATE OF TEXAS HAS DETERMINED WERE
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Sales Tax Sharing City of Coppell and Amazon.com.kydc LLC
ERRONEOUSLY PAID, DISTRIBUTED, OR ALLOCATED TO THE CITY, THE COMPANY
SHALL NOT BE RESPONSIBLE FOR THE PAYMENT OR REPAYMENT TO THE CITY OF
ANY SALES TAX RECEIPTS THAT THE CITY IS REQUIRED TO REPAY TO THE STATE
OF TEXAS IN EXCESS OF ANY ANNUAL GRANT AMOUNTS RECEIVED BY THE
COMPANY ATTRIBUTABLE TO SALES TAX RECEIPTS THAT THE STATE OF TEXAS
DETERMINES WERE ERRONEOUSLY PAID, DISTRIBUTED, OR ALLOCATED TO THE
CITY AND THAT THE CITY IS OR WILL BE OBLIGATED TO REPAY TO THE STATE OF
TEXAS. THE PROVISIONS OF THIS SECTION 3.4 SHALL SURVIVE TERMINATION OF
THIS AGREEMENT UNTIL THE END OF THE STATE OF TEXAS AUDIT PERIOD FOR
THE LAST YEAR OF THE GRANT PERIOD. THE COMPANY SHALL MAINTAIN
SUFFICIENT ASSETS TO FULFILL ITS INDEMNIFICATION OBLIGATIONS UNDER THIS
AGREEMENT, BUT THE COMPANY SHALL NOT BE OBLIGATED TO MAINTAIN ANY
SPECIFIC CASH RESERVES.
Article IV
Conditions to Annual Grants
The obligation of the City to pay the Annual Grants shall be conditioned upon the
compliance and satisfaction by the Company of the terms and conditions of this Agreement and
each of the conditions set forth in this Article IV.
4.1 Payment Request. The Company shall, as a condition precedent to the payment of
each Annual Grant, timely provide the City with the applicable Payment Request.
4.2 Good Standing. The Company shall not have an uncured material breach or default
of this Agreement.
4.3 Sales Tax Certificate. As a condition to the payment of each Annual Grant
hereunder, the City shall have received a Sales Tax Certificate for the applicable Grant Period for
which payment of an Annual Grant is requested. The City shall have no duty to calculate the Sales
Tax Receipts or determine the entitlement of the Company to any Annual Grant, or pay any Annual
Grant during the term of this Agreement until such time as the Company has provided the City
with a Sales Tax Certificate. The City may, but is not required to, provide Company with a form
for the Sales Tax Certificate required herein. At the request of the City, the Company shall provide
such additional documentation as may be reasonably requested by the City to evidence, support
and establish the Sales Tax Receipts (including Sales and Use Tax paid directly to the State of
Texas pursuant to a direct payment permit) received by the City from the State of Texas. The Sales
Tax Certificate shall at a minimum contain, include or be accompanied by the following:
a. Schedule detailing the amount of total sales and the amount of Sales and Use Tax
collected and paid to the State of Texas as a result of the sale of Taxable Items by
the Company and Company Affiliates Consummated at the Leased Premises for the
Grant Period;
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b. A schedule detailing the amount of total purchases and the amount of Sales and Use
Tax paid directly or through vendors to the State of Texas as a result of the purchase
of Taxable Items by the Company or a Company Affiliate Consummated at the
Leased Premises for the Grant Period;
c. A schedule detailing the amount of Sales and Use Tax paid by any person in
connection with the construction of the Leased Premises;
b. A copy of all sales and use tax returns and reports, sales and use tax prepayment
returns, direct payment permits and reports, including amended sales and use tax
returns or reports, filed by the Company or a Company Affiliate for the Grant
Period showing the Sales Tax Receipts, which returns and reports may be redacted
to remove information not relevant to the determination of the Sales Tax Receipts;
c. A copy of all direct payment and self-assessment returns, if any, including amended
returns, filed by the Company or a Company Affiliate for the Grant Period showing
the Sales Tax Receipts, which returns and reports may be redacted to remove
information not relevant to the determination of the Sales Tax Receipts;
f. Documentation adequate to substantiate the amount of any Sales Tax Receipts that
are not included in a Sales Tax Area Report or in a Sales and Use Tax return or
report filed by the Company or a Company Affiliate;
g. The Company Affiliate List; and
h. Documentation required by other provisions of this Agreement.
The City agrees to request from the State of Texas monthly Sales Tax Area Reports. To the extent
allowed by applicable law, the City will provide copies of such Sales Tax Area Reports to the
Company within ten (10) business days after receipt by the City. The Company agrees to provide
any release or releases to the City necessary to allow the State of Texas to provide the Sales Tax Area
Reports or to disclose the Sales and Use Tax information pertaining to the sale or purchase of Taxable
Items by Company and Company Affiliates at the Leased Premises during the term of this Agreement;
provided that the Company may specify in any such releases that the information must first be
provided to the Company to enable the Company to redact information not relevant to the
determination of the Sales Tax Receipts.
4.4 Minimum Sales Tax Receipts. As a condition precedent to the payment of each
Annual Grant hereunder, the City shall have received Sales Tax Receipts of at least One Thousand
Dollars ($1,000) for the applicable Grant Period. If the required minimum Sales Tax Receipts are
not achieved for a given Grant Period the Company shall forfeit its right to the Annual Grant for
such Grant Period, but such failure shall not be an event of default subject to termination and
recapture as provided in Article V hereof.
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4.5 Required Use. During the period beginning on the Effective Date and continuing
until the Expiration Date, the Leased Premises shall not be used for any purpose other than the
Required Use, and the operation of the Leased Premises in conformance with the Required Use
shall not cease for more than thirty (30) continuous days except in connection with, and to the
extent of an event of Force Majeure, a casualty to the Leased Premises preventing the Company
from using the Leased Premises for the Required Use, or a temporary cessation of operations for
a business purpose related to and consistent with the Company’s use of the Leased Premises for
the Required Use, such as temporary cessation of operations to remodel or modernize the Leased
Premises.
4.6 Lease. The Company shall have entered into the Lease on or before June 30, 2017,
and the Company shall occupy the Leased Premises on or before April 30, 2018; provided,
however, such dates shall be extended as reasonably necessary if the Company’s e ntry into the
Lease or its occupancy of the Leased Premises is delayed by an event of Force Majeure, a delay in
the construction of the Premises, or other unforeseen delays for reasonable cause.
4.7 Continuous Occupancy. Company shall, beginning on the Lease Inception Date
and continuously thereafter until the Expiration Date, continuously lease and occupy or own and
occupy the Leased Premises. Notwithstanding the foregoing, during the period beginning on the
Lease Inception Date and continuing until the Expiration Date, the operation of the Leased
Premises shall not cease for more than thirty (30) continuous days except in connection with, and
to the extent of an event of Force Majeure, a casualty to the Leased Premises preventing the
Company from using the Leased Premises for the Required Use, or a temporary cessation of
operations for a business purpose related to and consistent with the Company’s use of the Leased
Premises for the Required Use, such as temporary cessation of operations to remodel or modernize
the Leased Premises.
Article V
Termination
5.1 Termination. This Agreement shall terminate upon any one of the following:
(a) by written agreement of the parties;
(b) Expiration Date;
(c) by either party upon written notice of termination in the event the other party
breaches any of the terms or conditions of this Agreement in any material
respect and such breach is not cured within forty-five (45) days after the
non-breaching party sends written notice to the breaching party of such
breach;
(d) by the Company, upon written notice of termination, without breach and
effective immediately if the Lease terminates according to its terms, if the
Lease is not renewed or extended at the end of the Lease term, or if the
Company remains a lessee under the Lease but discontinues active business
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operations at the Leased Premises, or otherwise in the Company’s
discretion;
(e) by the City, upon written notice of termination, if Company suffers an event
of Bankruptcy or Insolvency;
(f) by the Company, upon written notice of termination, if the City suffers an
event of Bankruptcy or Insolvency;
(g) by the City, upon written notice of termination, if any Impositions owed to
the City or the State of Texas by Company shall become delinquent;
provided, however, (i) the City shall provide the Company notice within
thirty (30) days of learning of any Impositions it believes are owed by the
Company and have become delinquent; (ii) the Company shall have an
opportunity to cure such delinquent Impositions in the same cure period as
provided for breaches of this Agreement under Section 5.1(c) of this
Agreement; and (iii) the Company retains the right to timely and properly
protest and contest any such Impositions and no Imposition shall be
considered delinquent during any period that the Company is pursuing any
rights to protest or contest such Imposition; or
(h) by either party, upon written notice of termination, if any subsequent
Federal or State legislation or any decision of a court of competent
jurisdiction declares or renders this Agreement invalid, illegal or
unenforceable.
5.2 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
Company, regardless of whether the amount due arises pursuant to the terms of this Agreement or
otherwise; provided, however (i) the City shall provide the Company notice within thirty (30) days
of determining that any debt is believed lawfully due to the City from the Company; (ii) the
Company shall have an opportunity for no less than forty-five (45) days to resolve or pay such
debt to City before any offset to amounts payable under this Agreement may occur; and (iii) the
Company retains all rights to contest whether or in what amount any debt is owed to the City, and
the City may not offset any asserted amount of debt owed by the Company against amounts due
and owing under this Agreement during any period during which the Company is contesting
whether such amount of debt is due and owing.
Article VI
Waiver of Immunity
6.1 Waiver of Immunity. Notwithstanding anything to the contrary herein, the City
and the Company acknowledge and agree that this Agreement is subject to the provisions of
Subchapter I of Chapter 271, Texas Local Government Code, as amended. The City agrees that
its immunity from suit is waived for the purpose of adjudicating a claim for breach of this
Agreement, which is subject to the terms and conditions of Subchapter I of Chapter 271, Texas
Local Government Code, as amended.
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Article VII
Miscellaneous
7.1 Binding Agreement. The terms and conditions of this Agreement are binding upon
the successors and permitted assigns of the parties hereto. This Agreement may not be assigned
without the express written consent of the City Manager, which shall not be unreasonably
withheld, except that Company may assign this Agreement to Company Affiliates or in connection
with any merger, reorganization, sale of all or substantially all of Company’s assets or any similar
transaction.
7.2 Revenue Sharing Agreement. The City hereby designates this Agreement as a
revenue sharing agreement, thereby entitling the City to request sales tax information from the
State of Texas, pursuant to Texas Tax Code, Section 321.3022.
7.3 Limitation on Liability. It is understood and agreed between the parties that the
Company, in satisfying the conditions of this Agreement, has acted independently, and the City
assumes no responsibilities or liabilities to third parties in connection with these actions.
7.4 No Joint Venture. It is acknowledged and agreed by the parties that the terms hereof
are not intended to and shall not be deemed to create a partnership or joint venture among the
parties.
7.5 Authorization. Each party represents that it has full capacity and authority to grant
all rights and assume all obligations that are granted and assumed under this Agreement.
7.6 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 if sent by nationally recognized overnight courier service, facsimile with electronic
confirmation, or otherwise hand delivered. Each party may update its contact information by
notice to the other. Routine business and technical correspondence must be in English, and may
be in electronic form. All legal notices given under this Agreement must be written, in non -
electronic form, and in English, and will be effective when received.
If intended for the City, to:
Attn: City Manager
City of Coppell, Texas
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
With a copy to:
Peter G. Smith
Nichols, Jackson, Dillard,
Hager & Smith, L.L.P.
1800 Ross Tower
500 North Akard
Dallas, Texas 75201
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If intended for the Company, to:
Amazon.com.kydc LLC
410 Terry Avenue North
Seattle, Washington 98109
Attn: Director of Economic Development
Fax: (206) 266-7010
Email: economicdevelopment@amazon.com
With a copy to:
Amazon.com, Inc.
410 Terry Avenue North
Seattle, Washing 98109
Attn: General Counsel (Real Estate)
Fax: (206) 266-7010
Email: contracts-legal@amazon.com
7.7 Entire Agreement. This Agreement is the entire Agreement between the parties
with respect to the subject matter covered in this Agreement. There is no other collateral oral or
written Agreement between the parties that in any manner relates to the subject matter of this
Agreement.
7.8 Governing Law. The 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 concerning this
Agreement shall be in the State District Court of Dallas County, Texas. The parties agree to submit
to the personal and subject matter jurisdiction of said court.
7.9 Amendment. This Agreement may only be amended by the mutual written
agreement of the parties.
7.10 Legal Construction. 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 affect other provisions, and it is the
intention of the parties to this Agreement that in lieu of each provision that is found to be illegal,
invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and
enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or
unenforceable.
7.11 Recitals. The recitals to this Agreement are incorporated herein.
7.12 Counterparts. This Agreement may be executed in counterparts. Each of the
counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one
and the same instrument.
7.13 Survival of Covenants. Any of the representations, warranties, covenants, and
obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of
time following the termination of this Agreement shall survive termination.
7.14 Employment of Undocumented Workers. During the term of this Agreement the
Company agrees not to knowingly employ any undocumented workers and if convicted of a
violation under 8 U.S.C. Section 1324a (f), the Company shall repay the amount of the Annual
Grants and any other funds received by the Company from the City pursuant to this Agreement as
of the date of such violation within 120 days after the date the City notifies the Company of such
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conviction, plus interest at the rate of 4% compounded annually from the date of violation until
paid. The Company is not liable for a violation of this section in relation to any workers employed
by a subsidiary, affiliate, or franchisee of the Company or by a person with whom the Company
contracts.
7.15 Conditions Precedent. This Agreement is subject to and the obligations of the
Parties are contingent upon the Company delivering to the City the Company Notice to Proceed
within the Eligibility Period.
7.16. Confidentiality/Information Security. The City will use adequate safeguards to
maintain the security and confidentiality of all materials, communications, data and information
related to this Agreement or supplied by the Company in connection with this Agreement. The
City’s staff, representatives and agents will exercise the utmost discretion in oral and written
communications regarding the project and will provide information internally only to those
individuals who need the information to facilitate the parties’ performance under this Agreement.
The City will use adequate physical and technical measures to maintain the security of all
electronic and tangible records relating to this Agreement. The City agrees to promptly notify the
Company in the event the City experiences a security breach that could have impacted any
electronic or tangible records relating to this Agreement. The City acknowledges and agrees that
the Company must comply with its information security policies in performing its obligations
under this Agreement and that to the extent the Company is required to deliver certain sensitive
information in connection with this Agreement, the Company may deliver such information in
password protected and encrypted files.
The City shall endeavor to notify the Company within five (5) business days after receiving
any Public Information Act request that seeks disclosure of information provided by or concerning
the Company or a Company Affiliate, and the parties will reasonably cooperate to determine
whether or to what extent the requested information may be released without objection and without
seeking a written opinion of the Texas Attorney General. The City shall, if reasonable under the
Public Information Act or other applicable law, take the position that any information responsive
to a Public Information Act request relating to the Company or a Company Affiliate that the parties
do not mutually agree to release without objection is information not subject to release to the public
pursuant to Section 552.110 of the Texas Government Code, or other applicable law. The City
shall, if reasonably supported by applicable law, seek a written opinion from the Texas Attorney
General raising any applicable exception to release of such information prior to any release to a
third party under the Texas Public Information Act. If the City seeks a written opinion from the
Texas Attorney General pursuant to Section 552.305 of the Texas Government Code, the City may
require the Company to draft and submit to the Texas Attorney General the substantive comments
or arguments in support of such opinion request. The City shall provide the Company timely notice
and an opportunity to review and comment on any opinion request submitted by the City.
The City agrees that any non-public information learned or disclosed in connection with
its review of the Sales Tax Certificate or any related materials is to be treated as confidential
information of the Company and subject to the security, nondisclosure and nonuse obligations
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under this Section. Information, documents and materials that do not constitute public records
under Chapter 552 of the Texas Government Code or are exempt from disclosure under Section
552.110 of the Texas Government Code learned by the City in connection with this Agreement
shall be treated as confidential information of the Company, and the City agrees to maintain the
confidentiality of such information to the maximum extent permitted by applicable
law. Information, documents and materials provided by the Company that constitute public
records under Section 552.110 of the Texas Government Code shall be treated as described in this
Section of this Agreement. Notwithstanding the foregoing or any other provision of this
Agreement, the Company shall not be required to disclose, permit the inspection of or examination
of, or discuss, any document, information or other matter that (a) constitutes trade secrets or
proprietary information, (b) in respect of which disclosure is prohibited by law or any binding
agreement or (c) is subject to attorney-client or similar privilege, employee privacy or constitutes
attorney work product.
(Signature Page to Follow)
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Sales Tax Sharing City of Coppell and Amazon.com.kydc LLC
EXECUTED on this _______ day of _____________________, 2017.
CITY OF COPPELL, TEXAS
By:
Karen Selbo Hunt, Mayor
Attest:
By:
Christel Pettinos, City Secretary
Approved as to Form:
By:
City Attorney
EXECUTED this the _________ day of ______________________, 2017.
AMAZON.COM.KYDC LLC
By:
Name:
Title:
Date: