OR 91-510 Coppell Gateway Public Improvement District AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 91510
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, OFFICIALLY RECEIVING A
PETITION TO ESTABLISH THE COPPELL GATEWAY PUBLIC IMPROVEMENT
DISTRICT UNDER THE PROVISIONS OF CHAPTER 372j LOCAL GOVERNMENT
CODE V.A.T.C.S.; MAKING CERTAIN FINDINGS IN CONNECTION WITH THE
IMPROVEMENTS REQUESTED BY SAID PETITION; APPOINTING AN ADVISORY
BOARD TO DEVELOP AND RECOMMEND AN IMPROVEMENT PLAN AND CALLING
A PUBLIC HEARING TO CONSIDER AUTHORIZATION OF THE DISTRICT;
PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, Catellus Development Corporation has heretofore filed with the City
a petition to request establishment of the Coppell Gateway Public Improvement District
under and pursuant to the provisions of Chapter 372, Local Government Code,
V.A.T.C.S.; and
WHEREAS, said petition requests the establishment of said district within the
corporate boundaries of the City as described in Exhibit "A" of Exhibit "1" attached hereto;
and
WHEREAS, said petition has stated the general nature of the proposed
improvements, the estimated cost of the improvements, the boundaries of the proposed
assessment district, the proposed method of assessment, the proposed apportionment
of costs, and a provision for management of the district, all of which is set forth in the
petition which is attached hereto as Exhibit "1".
NOW, THEREFORE, be it ordained by the City Council of the City of Coppell,
Texas:
SECTION 1. The petition heretofore filed with the City by Catellus
Development Corporation ("Petitioner"), a copy of which is attached hereto as Exhibit "1"
and made a part hereof for all purposes, is hereby formally received by the City counsel
of the City of Coppell, Texas.
SECTION 2. The City Council of the City of Coppell hereby finds that it is
advisable for the City to consider taking action in connection with the creation of the
district, the proposed improvements to the district and the cost and method of
assessment and apportionment.
SECTION 3. That there is hereby created the Coppell Gateway Improvement
District Advisory Board with the responsibility of developing and recommending an
improvement plan to the City Council. Said Board shall be composed of the following
representatives of the Petitioner as the owner of all of the taxable real property within the
district representing all of the appraised value of taxable real property liable for
assessment within the district and the record owner of all the real property liable for
assessment within the district:
T. WELDON DAVIS
WAYLAND THREADGILL
The following representatives of the City of Coppell, Texas, shall also be members of the
Advisory Board:
ALAN D. RATLIFF OR DESIGNEE
BILL SMOTHER MON
DAVID THOMAS
SECTION 4. The City Manager is hereby directed to use the services of
municipal employees or employ a consultant to prepare a report to determine whether the
improvements to be considered should be made as proposed by the petition and to
prepare a preliminary estimate of the cost of the improvements. A public hearing on the
advisability of the improvements shall be held before the City Council of the City of
Coppell, Texas, on the 30th day of JULY ,1991, and the City
Secretary is directed to give the proper notice of said hearing as required by Section
372.009 of the Local Government Code.
SECTION 5. If any article, paragraph, clause or provision of this ordinance
shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of
this ordinance as a whole or any part or provision thereof, other than the part so decided
to be invalid or unconstitutional.
SECTION 6. This ordinance shall take effect immediately from and after its
passage as the law in such cases provides.
DULY PASSED by the City Council of the City of Coppell, Texas, this the 9th
day of July, 1991.
APPROVED
Mark Wolfe
MAYOR
ATTEST:
Dorothy Timmons
CITY SECRETARY
APPROVED AS TO FORM:
Lawrence W. Jackson
CITY ATTORNEY
STATE OF TEXAS X
X PETITION TO ESTABLISH COPPELL GATEWAY
COUNTY OF DALLAS X PUBLIC IMPROVEMENT DISTRICT
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF COPPELL:
COMES NOW Catellus Development Corporation ("Petitioner"),
and hereby requests and petitions said City to establish the
Coppell Gateway Public Improvement District (the "District") under
and pursuant to the provisions of Chapter 372, Local Government
Code, V.A.T.C.S., as amended, on the hereinafter de~cribed
property situated wholly within the corporate boundaries of the
City, and in support thereof would respectfully show the
following:
I.
The general nature of the proposed improvements to be
provided by the District, in phases, is the construction and
acquisition of water, wasterwater and drainage facilities and
improvements thereto which shall be a part of the City's water,
wastewater and drainage systems, and the construction and
acquisition of public streets and roadways, including landscaping
related thereto, in public dedicated rights-of-way to be a part of
the City's public street system, together with all engineering and
construction-related services in connection therewith.
II.
The estimated costs of constructing and acquiring all of the
proposed improvements, together with bond issuance costs, legal
and financial fees, bond credit enhancement expenses,
capitalization of bond interest, the creation of a bond reserve
fund, and expenses incurred in the establishment, administration
and operation of the District is presently estimated to be a total
of approximately $4,230,000, based on the estimated current costs
for all such items. The District costs shall be paid from the
proceeds of the sale of revenue bonds to be solely secured by and
payable from a special assessment on all property within the
District's boundaries.
III.
The boundaries of the Distict are fully described in Exhibit
A attached hereto and made a part hereof for all purposes.
IV.
The proposed method of assessment is to impose a special
assessment to be paid in installments on all useable property
within the District, net of any public right-of-way, based equally
per square foot'thereof-
EXHIBIT swl *"
Petition Page 2
V.
All costs incurred by the District shall be paid by the
District and there shall be no apportionment of costs between the
District and the City as a whole.
VI.
The management of the District shall be under the control and
direction of the City, with necessary services to either be
provided by the City under contract with the District or provided
by the private sector.
VII.
The person executing this Petition is a duly authorized
officer of the Petitioner and is authorized to execute this
Petition for and on behalf of the Petitioner, and the Petitioner
and the undersigned request the establishment of the District.
VII.
The Petitioner requests that an Advisory Board be established
to develop and recommend an improvement plan to the City Council
of the City, with said Board to include representatives of the
Petitioner.
IX.
This Petition has been executed for and on behalf of (i) the
Owner of all of the taxable real property described in said
Exhibit A representing all of the appraised value of taxable real
property liable for assessment under this Petition as shown by the
currrent roll of the Dallas Central Appraisal District, and (ii)
the record owner of all of the real property liable for assessment
under this Petition, and shall be filed with the City Secretary of
the City of Coppell, Texas.
WHEREFORE, PREMISES CONSIDERED, Catellus Development
Corporation prays that the Honorable Mayor and City Council shall:
(1) duly consider this Petition and adopt its Resolution
finding (i) that this Petition complies with all legal
requirements; (ii) that the proposed improvements are necessary,
advisable and will provide a public use and benefit to the City,
and (iii) that the estimated costs of the improvements, the method
of assessment and the apportionments of costs between the District
and the City are reasonable and acceptable;
(2) obtain a report to determine whether the
improvements should be made as provided in the Petition, or
otherwise;
Petition Page 3
(3) appoint an Advisory Board with the responsibility of
developing and recommending an improvement plan to the City, with
said Board to include representatives of the Petitioner;
(4) call a public hearing, give notice thereof as
required by law and hold such hearing on the advisability of the
improvements specified in this Petition; and
(5) grant such other relief, in law or in equity, to
which Petitioner shall show itself to be entitled.
IN WITNESS WHEREOF, this Petition has been executed in
multiple counterparts, any one of which shall constitute an
original, by a duly authorized officer of the Petitioner on this
day of June, 1991.
CATELLUS DEVELOPMENT CORPORATION
Vice President
EXHIBIT A
TRACT 1
BEING a tract of ]and situated in the S.A. & M.G. Railroad Survey, Abstract No. 1439, and
being all of Gateway Business Park, an addition to the City of CoppeI], Dallas County, Texas
as filed for record in Volume 90]38, Page 4298 through 4296 of the Plat Records of Dallas
County, Texas and being more particularly described as follows:
BEGINNING at the intersection of the centerline of Freeport Parkway (80 feet wide) and
the centerline of Cotton Road (65 feet wide);
THENCE North 88 degrees 23 minutes 42 seconds West, along said centerline of Cotton
Road, a distance of 21348.68 fact to a point for a corner;
THENCE North 54 degrees 44 minutes 53 seconds West, departing said centerline and along
the north right-of-way hue of Interstate Highway 635 (right-of-way varies), a distance of
]442.53 feet to a point for a corner;
T}q~NCE North 0] degrees 5] minutes 06 seconds East, departing said north line, a
distance of ]068.42 feet to a point for a conmr, said corner lying on the south right-of-way
line of St. Le'dis and Southwestern Railroad (]00 fact wide);
THENCE North 87 degrees 24 minutes 30 seconds East, along said south line, a distance
of 24]3.04 feet to a point for a corner;
THENCE South 08 degrees 53 minutes 58 seconds West, departing said south line, a
distance of 2100.00 feet to a point for a corner;
THENCE South 8] degrees 06 minutes 02 seconds East, a distance of ]00.00 feet to a point
for a comer;
THENCE North 08 degrees 53 minutes 58 seconds East, a distance of ]20.33 feet to a point
for a corner, said corner lying on the south right-of-way line of St. Louis and Southwestern
Railroad (100 feet wide);
THENCE North 87 degrees 24 minutes 30 seconds East, along said south line, a distance
of 90.04 feet to a point for a corner, said comer being at the intersection of said south line
and the east boundary line of S.A.&M.G. Railroad Survey, Abstract No. 1439, said comer
also being the fight-of-way of Freeport Parkway (90 feet wide);
THENCE South 08 degrees 29 minutes 38 seconds West, departing said south line and along
said abstract line, a distance of 392.32 feet to a point for a comer;
THENCE South 01 degrees 48 minutes 59 seconds West, continuing along Freeport
Parkway, a distance of 1668.84 feet to the POINT OF BEGINNING AND CONTAINING
4,522,543.50 square feet or 103.823 acres of land, more ar less.
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TRACT 2
BEING a tract of land situated in the Cordella Bowen Survey, Abstract No. 56, the James
A. Simmons Survey, Abstract No. 1296, and the Joel Wilson Survey, Abstract No. ~555,
Dallas County, Texas, and being all of a tract of land as described by deed to Santa Fe
Pacific Realty Corporation, as recorded in Volume 89190, Page 3416 of the Deed Records
of Dallas County, Texas, and being more particularly described as follows:
BEGINNING at the noaheast comer of a tract of land conveyed to the State of Texas, as
recorded in Volume 84195, Page 0604 of said Deed Records;
THENCE North 79 degrees 24 minutes 14 seconds West, along the noaheast line of
I.H. 635, a distance of 95.00 feet to a point for a comer;
THENCE South 65 degrees 39 minutes 57 seconds West, continuing along said northeast
line, a distance of 80.93 feet to a point for a corner;
THENCE Noah 82 degrees 07 minutes 53 seconds West, continmng along said northeast
line, a distance of 68.25 feet to a point for a comer;
'HqENCE North 79 degrees 39 minutes 00 seconds West, continuing along said northeast
line, a distance of 275.94 feet to a point for a corner;
THENCE Noah 64 degrees 4] minutes 13 seconds West, continmng along said northeast
line, a distance of 157.06 feet to a point for a comer;
THENCE North 44 degrees 24 minutes 02 seconds West, continuing along said noaheast
line, a distance of 141.83 feet to a point for a comer;
THENCE North 60 degrees 41 minutes 07 seconds West, continuing along said northeast
line, a distance of 27.98 feet to a point for a comer;
THENCE Noah 35 degrees 45 minutes 55 seconds West, continmng along said northeast
line, a distance of 810.00 feet to a point for a comer;
THENCE Noah 38 degrees t4 minutes 34 seconds West, continmng along said northeast
line, a distance of 210.00 feet to a point for a corner;
THENCE North 01 degrees 17 minutes 25 seconds East, depaa~ng said northeast line, a
distance of 897.43 feet to a point for a comer;
THENCE Noah 74 degrees 56 minutes 51 seconds East, a distance of 1.09 feet to the point
of curvature of a circular curve to the left, having a radius of 674.24 feet;
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THENCE Northeasterly, along said curve through a central angle of 25 degrees 40 minutes
40 seconds, an arc distance of 302.17 feet to a point for a comer in the southwest line of
Freeport Parkway said point lying on a circular curve to the left, having a radius of 306.59
feet and whose chord bears South 34 degrees 38 minutes 38 seconds East;
THENCE Southeasterly, along said southwest line with said curve through a central angle
of 03 degrees 58 minutes 24 seconds and an arc distance of 21.26 feet to the point of
tangency;
THENCE South 36 degrees 37 minutes 50 seconds East, continuing along said southwest
line, a distance of 643.23 feet to a point for a comer;
THENCE North 53 degrees 22 minutes 10 seconds East, a distance of 80.00 feet to a point
for a corner;
THENCE North 36 degrees 37 minutes 50 seconds West, along the noaheat line of
Freeport Parkwvay, a distance of 12.50 feet to a point for a comer;
THENCE North 53 degrees 22 minutes 10 seconds East, along the southeast line of Airline
Drive, a distance of 10.00 feet to the point of curvature of a circular curve to the left, having
a radius of 666.96 feet;
THENCE Northeasterly, along said southeast line with said curve through a central angle
of 18 degrees 25 minutes 19 seconds, an arc distance of 214.44 feet to the point of tangency;
THENCE North 34 degrees 56 minutes 51 seconds East, continuing along said southeast
line, a distance of 593.25 feet to the point of curvature of a circular curve to the right, having
a radius of 50.00 feet;
THENCE Northeasterly, continuing along said southeast line and with said curve through
a central angle of 55 degrees 34 minutes 11 seconds and an arc distance of 48.49 feet to a
point for a comer;
THENCE South 89 degrees 28 minutes 58 seconds East, continuing along the south line of
said Airline Drive, a distance of 401.62 feet to a point for a comer;
THENCE South 00 degrees 01 minutes 25 seconds East, departing said south line, a distance
of 627.53 feet the point of curvature of a circular curve to the left, having a radius of 382.25
feet;
THENCE Southerly, along said curve through a central angle of 39 degrees 14 minutes 25
seconds, an arc distance of 261.79 feet to a point for a comer;
THENCE South 00 degrees 01 minutes 25 seconds East, a distance of 442.71 feet to a point
tora corner;
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THENCE North 89 degrees 32 minutes 29 seconds East, a distance of 262.27 feet to a point
for a comer;
THENCE South 00 degrees 12 minutes 31 seconds East, a distance of 1930.73 feet to a
point for a comer;
THENCE South 00 degrees 17 minutes 14 seconds West, a distance of 791.26 feet to a point
for a comer in the northeast line of I.H. 635;
THENCE North 35 degrees 43 minutes 09 seconds West, along said northeast line, a
distance of 1196.34 feet to a point for a comer;
THENCE North 03 degrees 17 minutes 05 seconds East, continuing along the highway fight-
of-way, a distance of 739.74 feet to a point for a corner;
THENCE North 00 degrees 56 minutes 58 seconds East, continuing along said right-of-way,
a distance of 49.76 feet to the POINT OF BEGINNING AND CONTAINING 4,158,503
square. feet or 95.466 acres of land more or less.
Note: This description is based on record information and includes areas dedicated for
public use (i.e., road rights-of-ways and utility easements) and also includes area
within the 100-year floodplain as shown on FIRM Maps 480170 0005, 480165 0005,
and 480~65 0050.
TRACT 3
BEING a tract of land situated in the James A. Simmons Survey, Abstract No. 1296, Dallas
County, Texas, and being all of a tract of land described by deed to Santa Fe Realty
Corporation, as recorded in Volume 89190, Page 3416 of the Deed Records of Dallas
County, Texas, and being more particularly described as follows:
BEGINNING at an intersection of the northwest line of Ajrhne Drive and the northeast line
of Freeport Parkway;
THENCE North 36 degrees 37 minutes 50 seconds West, along the northeast line, a distance
of 570.73 feet to the point of curvature of a circular curve to the right, having a radius of
226.59 feet;
THENCE Northeasterly, along said northeast line through a central angle of 08 degrees 09
minutes 00 seconds and an arc distance of 32.23 feet to a point for a corner lying on a curve
to the left, having a radius of 674.24 feet and whose chord bears North 38 degrees 36
minutes 39 seconds East;
THENCE Northeasterly, along said curve to the left through a central angle of 07 degrees
19 minutes 35 seconds and an arc distance of 86.21 feet to a point for a comer;
THENCE North 34 degrees 56 minutes 51 seconds East, a distance of 126.18 feet to a point
for a comer;
THENCE South 89 degrees 28 minutes 58 seconds East, a distance of 363.72 feet to a point
for a comer;
THENCE North 34 degrees 56 minutes 51 seconds East, a distance of 207.35 feet to a point
for a comer;
THENCE South 55 degrees 03 minutes 09 seconds East, a distance of 302.49 feet to a point
for a comer in the northwest line of Airline Drive, said point lying on a curve to the left,
having a radius of 110.00 feet and whose chord bears South 41 degrees 03 minutes 37
seconds West;
THENCE Southwesterly, along said northwest line and with said curve through a central
angle 12 degrees 13 minutes 33 seconds and an arc a distance of 23.47 feet to a point for
a comer;
THENCE South 34 degrees 56 minutes 51 seconds West, continuing along said northwest
line, a distance of 593.25 feet to the point of curvature of a circular curve to the right having
a radius of 606.96 feet;
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THENCE Southwesterly, continuing along said northwest line with said curve through a
central angle of ]8 degrees 25 minutes-19 seconds and an arc distance of 195.15 feet to a
point for a comer;
THENCE South 53 degrees 22 minutes 10 seconds West, continuing along said northwest
line, a distance of 10.00 feet to the POINT OF BEGINNING AND CONTAINING 342,238
square feet or 7.857 acres of land more or less.
Note: This description is based on record information and includes areas dedicated for
public use (i.e., utility easements) and also includes area within the 100-year
floodplain as shown on FIRM Maps 480170 0005, 480165 0005, and 480165 0050.
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TRACT 4
BEING a tract of land situated in the heirs of Joel Wilson Survey, Abstract No. 1555, Dallas
County, Texas, and being all of a tract of land described in the Warranty Deed to Santa Fe
Realty Corporation, recorded in Volume 89190, Page 4821 of the Deed Records of Dallas
County, Texas and being more particularly desert'bed as follows:
BEGINNING at the intersection of the south line of Cotton Road (a 50-foot right-of-way)
with the northeast line of Interstate Highway 635;
THENCE South 89 degrees 26 minutes 41 seconds East, a distance of 1214.55 feet along the
south line of Cotton Road to a point for a coruer on the west line of a 554.56 acre tract
conveyed to Secure Trusts, as described in the deed recorded in Volume 785, Page 1637 of
said Deed Records;
THENCE South 01 degrees 33 minutes 39 seconds West, departing said south line, a
distance of 1227. I7 feet along the west line of said Secure Trusts tract to a point for a
corner lying on the northeast hne of Interstate Highway 635;
THENCE North 37 degrees 46 minutes 59 seconds West, along the northeast line of
Interstate Highway 635, a distance of 764.80 feet to a point for a corner;
THENCE North 48 degrees 20 minutes 06 seconds West, continuing along said northeast
line of Interstate Highway 635, a distance of 953.75 feet to the POINT OF BEGINNING
AND CONTAINING 15.5722 acres or 678,325 square feet of land more or less.
Note: This description is based on record information and includes areas dedicated for
public use (i.e., road rights-of-ways and utility easements) and also includes area
within the 100-year floodplain as shown on survey pefforumd by Nathan D. Maier
Consulting Engineers, Inc. dated 9-28-89.
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