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CP 2000-12-12NOTICE OF CITY COUNCIL MEETING AND AGENDA DECEMBER 12, 2000 CANDY SHEEHAN, Mayor GREG GARCIA, JAYNE PETERS, DIANA RAINES, JIM WITT, City Manager MEETING TIME AND PLACE: Place 1 Place 2 Place 3 Call to Order Executive Session Work Session Regular Session LARRY WHEELER, Mayor Pro Tem 6:00 p.m. Immediately Following Immediately Following 7:30 p.m. MARSHA TUNNELL, DOUG STOVER, BILL YORK, Library Meeting Room Library Board Room Library Meeting Room Library Meeting Room Place 6 Place 4 Place 5 Place 7 (Open to the Public) (Closed to the Public) (Open to the Public) (Open to the Public) Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session on Tuesday, December 12, 2000, at 6:00 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 the William T. Cozby Public Library, 177 North Heartz, 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 purpose of the meeting is to consider the following items: ITEM # ITEM DESCRIPTION REGULAR SESSION 1, Call to order, (Open to the Public) EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Sowell vs. City of Coppell. Section 551.074, Texas Government Code - Personnel Matters. 1. City Manager Evaluation. ag12122000 Page 1 of 9 ITEM # ITEM DESCRIPTION WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Tennis Center Location. (::>~'~It'' B. Discussion of Agenda Items. REGULAR SESSION 4. Invocation. (Open to the Public) 5. Pledge of Allegiance. Presentation of certificate honoring John Nelson as an Outstanding Citizen for all his hard work during early voting. Presentations to sponsors and supporters of Texas Recycles Day. Consider approval of a Proclamation recognizing the practice Dafa, and authorizing the Mayor to sign. of Falun Citizen's Appearances. CONSENT AGENDA 10. Consider approval of the following consent agenda items: Consider approval of minutes: November 13, 2000 November 14, 2000. Consider approval of an Ordinance for Case No. PD-91R-SF-7, Northlake Woodlands East, Phase II, Lot 2, Block 10, zoning change request for property zoned PD-91-SF-7 (Planned Development-91, Single Family-7), to allow for the construction of a second-story addition with less than 80% masonry located at 723 Swallow Drive, and authorizing the Mayor to sign. Consider approval of an Ordinance for Case No. PD-186, Duke- Freeport Addition, zoning change from LI (Light Industrial) to PD- 186-LI (Planned Development-186, Light Industrial), with a Concept Plan to allow the development of 7 office/warehouse facilities on approximately 144 acres of property along the north side of W. Bethel Road, south of Ruby Road, and west of Coppell Road, and authorizing the Mayor to sign. Consider approval of an amendment to Ordinance No. 91500-A-219 for Case Nos. S-1155R and S-1155R2, Dickey's Barbecue ag12122000 Page 2 of 9 ITEM # ITEM DESCRIPTION I/'/'p~,~t,) J. Restaurant, C-S.U.R (Commercial, Special Use Permit), by amending the Site Plan and the Landscape Plan to allow for a monument sign and to allow for additional parking spaces on property located along the west side of S. Denton Tap Road; along the south side of the St. Louis & Southwestern Railroad right-of-way, and authorizing the Mayor to sign. Consider approval of an Ordinance for the text change to amend Section 22-1.9 of the Coppell Zoning Ordinance, HC (Highway Commercial district), to eliminate restaurants, caf~s, and cafeterias, including drive-ins as permitted uses within such district, except by Special Use Permit, and authorize the Mayor to sign. Consider approval of an Ordinance for the text change to amend a portion of Section 34-1-8 (C) of the Coppell Zoning Ordinance, Landscape Regulations, to clarify the intent of the perimeter landscaping requirements, and authorizing the Mayor to sign. Consider approval of an Ordinance for the text change to amend portions of Section 45 of the Coppell Zoning Ordinance, Application and Filing Fees; to amend Section 45-1 to remove specific fee amounts; to add Section 45-2 to establish the filing date for applications for zone changes, plat, and site plan approval, and to add Section 45-3 to prohibit the filing of permit applications during the pendency of zoning applications, and authorizing the Mayor to sign. Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and PSINet Realty, Inc., and authorizin8 the Mayor to sign. Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Lincoln P 0 Coppell III, Limited Partnership, and authorizing the Mayor to sign. Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Catellus Development Corporation, a Delaware Corporation, and authorizing the Mayor to sign. Consider approval of a variance to Floodplain Management Ordinance No. 94-639 Article 4, Section C, paragraph 3 which requires offsetting valley storage for development within the floodplain for the development of Townhouses of Coppell, 48 acre site south of Sandy ag12122000 Page 3 of 9 ITEM # ITEM DESCRIPTION Lake Road and east of MacArthur Blvd., and the City's existing 0.5 million gallon ground storage tank site on Sandy Lake Road. Consider approval of a Master Agreement covering Transportation and Major Capital Improvement Projects between Dallas County and the City of Coppell; and authorizing the City Manager to sign. Me Consider approval of Change Order #5 to the Coppell Road Project #ST98-01 for the installation of approximately 236 additional sprinkler heads to the irrigation system to accommodate the ten foot Hike and Bike Trail in the amount of $41,964.00 to Ed Bell Construction Company; and authorizing the City Manager to sign. Na Consider approval of extending Bid/Contract #Q-0999-01 due to expire January 31, 2001 for the purchase of various types of sign materials to Road Runner Traffic Corp.; American Traffic Safety Materials; Hall Signs, Inc.; Nippon Carbine Ind., Inc.; Fender Enterprises; and Centerline Supply, Inc. in an amount not to exceed $20,000 as budgeted in the FY 00/01 budget. Consider approval of a contract for services from epixtech, Inc., Provo, UT, to upgrade the DYNIX Library Management System to the Horizon Library Management System in the amount not to exceed $197,488.00, as b~Jdgeted, and authorizing the City Manager to sign. Pe Consider approval of a resolution to approve the transfer of the existing cable television franchise from Texas Cable Partners, L.R to TCI Cablevision of Texas, Inc.; and authorizing the Mayor to sign. FND OF CONSFNT 11. Consider approval of entering into a contract with Teague, Nail and Perkins, Inc. for the design of West Sandy Lake Road from Denton Tap to S.H. 121 oQ ('' p~'/% in an amount not to exceed $1,005,600.00; and authorizing the City Manager to sign. 12. Consider approval of a resolution directing publication of notice of intention to issue Certificates of Obligation, Series 2001, in an amount not to exceed $3,000,000.00, for purchasing land for municipal uses, and authorizing the Mayor to sign. 13. Consider approval of a Resolution expressing official intent to receive reimbursement for costs incurred in connection with the acquisition of ag12122000 Page 4 of 9 ITEM # ITEM DESCRIPTION 36.339 acres for municipal uses prior to the issuance of the bonds, and authorizing the Mayor to sign. 14. PUBLIC HEARING: Consider approval of Case No. PD-189R, Hooptown, zoning change request ~-,trg¢.~ from PD-189 (Planned Development-189) to PD-189R (Planned Development-189R) to allow the enlargement of the lot area for the construction of an indoor basketball/recreation facility on approximately 17.761 acres of property located along the north side of Belt Line Road, east of the intersection of Belt Line and Denton Tap Roads. 15. Consider approval of the Hooptown, Lots I & 2, Block A, Preliminary Plat, to allow the enlargement of the lot area for the development of an indoor basketball/recreation facility on approximately 27.063 acres of property located along the north side of Belt line Road, east of the intersection of Belt Line and Denton Tap Roads. 16. Consider providing that the Planning and Zoning Commission be the authority responsible for the approval of the Final Plat for Hooptown, Lots 1 & 2, Block A, to allow the enlargement of the lot area for the development of an indoor basketball/recreation facility on approximately 27.063 acres of property located along the north side of Belt line Road, east of the intersection of Belt Line and Denton Tap Roads. 17. PUBLIC HEARING: Consider approval of Case No. PD-iO8R5, Coppell Service Center, zoning change request from PD-108 (Planned Development-108) to PD-IOg*R5 (Planned Development*lOg*R5) to allow the development of a municipal service center on approximately 7.504 acres of property located 300 feet east of Coppell Road, south of Bethel Road. 18. Consider approval of the Coppell Service Center, Lot 1, Block 1, Minor Plat, tO allow the development of a municipal service center on approximately 7.504 acres of property located 300 feet east of Coppell Road, south of Bethel Road. 19. PUBLIC HEARING: Consider approval of the Everybody Fits, Replat and Site Plan Amendment for Lot 2R, Block A of Denton Tap Development, to amend and expand the existing Site Plan to allow for additional parking for an indoor sports/recreation center on approximately 3.799 acres of property located on North Texas Court, west of N. Denton Tap Road. ag12122000 Page 5 of 9 ITEM # ITEM DESCRIPTION 20. 21. 22. 23. 24. 25. 26. 3 27. ! I Consider approval of the Dry Clean City, Lot 1, Block A, Minor Plat and Site Plan, to allow the development of a shopping center on approximately 0.842 of an acre of property located along the west side of Denton Tap Road, north of Town Center Drive.' Consider approval of the Carrick Addition, Lots I & 2, Block A, Minor Plat, to allow the subdivision of approximately 0.70 of an acre of property into two lots allowing for the development of a single-family home on Lot 2 located at the northwest corner of Lodge and Sandy Lake Roads. Consider approval of the Haverty's, Site Plan Amendment for Lot 1R, Block 2 of Gateway Business Park, to allow a 170,590 square foot addition to the existing Haverty's facility located on approximately 26.45 acres of property west of Exchange Circle, north of Gateway Boulevard. PUBLIC HEARING: Consider approval of a proposed text change to amend Section 33-1.6 of the Coppell Zoning Ordinance, Screening Standards, to include the screening of ground level and roof-mounted mechanical equipment. Consider approval of an Ordinance for Case No. PD-178R, Town Center West, Detail Site Plan of a Retail Center, zoning change request to amend the planned development and allow the construction of a 13,393 square foot retail/medical/restaurant facility on approximately 1.8 acres of property located at the southwest corner of N. Denton Tap Road and Town Center West Boulevard, and authorizing the Mayor to sign. Consider approval of the U-Haul International, Site Plan, to allow the construction of a three-story mini-storage facility on approximately 2.02 acres of property located along the south side of S.H. 121, east of Denton Tap Road, at the request of U-Haul International. Consider approva of an Ordinance for the text change to amend a portion of Section 34-2-7 (B) of the Coppell Zoning Ordinance, Landscape Regulations, to ac d the Mesquite Tree, less than ten (10) caliper inches, as an unprotected tree, and authorizing the Mayor to sign. PUBLIC HEARING: Consider approva of the designation of a reinvestment zone pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is that property owned by Duke-Weeks Realty Limited Partnership, described as Freeport North Addition, Block A, Lot 3 (12.105 acres) and located at the southwest corner of Royal Lane and Creekview Drive, Coppell, Texas. ag12122000 Page 6 of 9 ITEM # ITEM DESCRIPTION 28. 29. 30. 31. 32. 33. 36. 37. 38. · ! Consider approval of an Ordinance designating the Duke-Weeks Realty Limited Partnership Reinvestment Zone No. 30, and authorizing the Mayor to sign. Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Duke-Weeks Realty Limited Partnership, and authorizing the Mayor to sign. PUBLIC HEARING: Consider approval of the designation of a reinvestment zone pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is that property owned by Duke-Weeks Realty Limited Partnership, described as Freeport North Addition, Block A, Lot I (9.545 acres) and located south of Creekview Drive on the west side of Royal Lane, Coppell, Texas. Consider approval of an Ordinance designating the Duke-Weeks Realty Limited Partnership Reinvestment Zone No. 31, and authorizing the Mayor to sign. Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Duke-Weeks Realty Limited Partnership, and authorizing the Mayor to sign. Consider approval of appointing Christopher Reed as an Alternate to the Library Board to fill the unexpired term of Deborah Carr. Term to expire October 2001. Consider appointments to Council Committees for Councilmember Raines. Consider selection of a tennis center location and authorizing Staff to proceed with design and engineering in an amount not to exceed $25,000.00; and authorizing the City Manager to sign any necessary contracts. Necessary action resulting from Work Session. City Manager's Report. A. Scoreboards. Mayor and Council Reports. A. Report by Mayor Sheehan regarding Christmas Parade. B. Report by Mayor Sheehan regarding Metroplex Mayors. ag12122000 Page 7 of 9 ITEM # ITEM DESCRIPTION 39. Ca E. F. G. Report by Mayor Sheehan regarding Dallas Regional Mobility Coalition. Report by Mayor Sheehan regarding Public Awareness and Public Input at Robin Hood meetings. Report by Councilmember York regarding National League of Cities. Report by Councilmember York regarding High School Athletics. Report by Councilmember York regarding the Holiday Season. Necessary Action Resulting from Executive Session. A. City Manager Evaluation. Adjournment. Candy Sheehan, 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 day of , 2000, at Libby Ball, City Secretary DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE AT THE WILLIAM T. COZBY PUBLIC LIBRARY AND ON THE CITY'S WEBSITE (www. ci.coppell.tx.us) UNDER PUBLIC DOCUMENTS, COUNCIL PACKETS. PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). ag12122000 Page 8 of 9 IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO, 95724 Carrying of a concealed handgun on these premises or at any official political meeting in the City of Coppell is illegal. Es ilegal Ilevar consigo un arma de fuego oculta, adentro de este edificio, 0 en cualquier junta oficial de politica en la ciudad de Coppell. ag12122000 Page 9 of 9 CITY COUNCIL MEETING: December 12, 2000 ITEM EXECUTIVE SESSION Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Sowell vs City of Coppell. Section 551.074, Texas Government Code - Personnel Matters. 1. City Manager Evaluation. SUBMITtED BY: Jim Witt TITLE: City Manager INITIALS ^ s ' COUNCIL MEETING: December 12, 2000 ITEM WORK SESSION Discussion regarding Tennis Center Location. Discussion of Agenda Items. CITY MANAGER'S REVIEW: ' ~ ' ~e'a~ CITY~ ~ COUNCIL MEETING: December 12, 2000 ITEM ITEM CAPTION: Presentation of certificate honoring John Nelson as an Outstanding Citizen for all his hard work during early voting. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS: DIR. INITIALS: Agenda Request Form - Revised 5/00 AMT. EST. $ FIN. REVIEW: +X-BID CITY MANAGER REViEW~\'~~ Document Name: !John , ~I~Y A ENDA REQUEST PORM ITEM # J COUNCIL MEETING: December 12, 2000 ITEM CAPTION: Presentations to supporters of Texas Recycles Day, SUBMITTED BY: Amanda Vanhoozier TITLE: Community Programs Coordinator STAFF COMMENTS: Presentation of certificates to Waste Management, Abitibi Consolidated, and WalMart Super Stores BUDGET AMT. $ FINANCIAL COMMENTS: AMT. EST. $ +X-BID $ DIR. INITIALS: ~./~'L]FIN. REVIEW: Agenda Request Form - Revised 5/00 CITY MANAGER REVIEW: Document Name: ^TRDpres CITY~ 8 . ~ COUNCIL MEETING: December 12, 2000 ITEM ITEM CAPTION: Consider approval of a Proclamation recognizing the practice of Falun Dafa, and authorizing the Mayor to sign. SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS: DIK. INITIALS: Agenda Request Form ~ Revised 5/00 AMT. EST. $ FIN. REVIEW: +\-BID $ CITY MANAGER REVIEW: Document Name: !Falun PR OCLAMA TION WHEREAS, Falun Gong, also known as Falun Dafa, is an advanced traditional Chinese practice for improving the mind and body through gentle exercise and meditation. A central component of Falun Gong is studying the higher principles of truthfulness, compassion, and tolerance; and WHEREAS, The practice of Falun Gong has a significant positive effect on stress relief and overall mental and physical health; most practicing participants report that through Falun Gong they continue to enjoy improved health, reduced stress, and increased levels of energy; and WHEREAS, Falun Gong, introduced in 1992 to the general public in China by Li Hongzhi transcends cultural and racial boundaries and has benefited the lives of over 100 million people in over 40 countries wo~dwide; and WHEREAS, Falun Gong is now practiced in many locations throughout the Dallas/Ft. Worth Metroplex area and all workshops and group practices are organized by volunteers and are offered free of charge to the public. NOW, THEREFORE, I, Candy Sheehan, Mayor of the City of Coppell, Texas, do hereby recognize the practice of "FALUN DAFA" and commend those who take part in these activities to bring healthier physical, mental, and spiritual conditions to themselves and to others. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this day of December 2000. ATTEST: Candy Sheehan, Mayor Libby Ball, City Secretary AGENDA REQUEST FORM CITY COUNCIL MEETING: December 12, 2000 q CITIZENS' APPEARANCES ORDINANCE NO. 94665 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE FOLLOWING ARE HEREBY ADOPTED AS THE RULES, ~ AND PROCEDURES FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: The City of Coppell Code of Ordinances is hereby amended by adding to Chapter One (1) the following new Article 1-10: ARTICLE 1 - 10 RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS 1-10-6.2.1 CITIZENS APPEARANCE 1-10-6.2.1 Subjects Not Appearing on the Agenda Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting Each speaker must state his or her name and address of residence. Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12). CITY MANAGER'S REVIEW: ITEM CAPTION: Consider approval of minutes: November 13, 2000 November 14, 2000. SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS: DIR. INITIALS: Agen~ Request Form - Revised 5/00 AMT. EST. $ FIN. REVIEW: +\-BID $ CITY MANAGER REVIEW: , DocumentName: °/ominut~s MINUTES OF NOVEMBER 13, 2000 The City Council of the City of Coppell met in Special Called Session on Monday, November 13, 2000, at 6:00 p.m. in the 2nd Floor Conference Room of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Candy Sheehan, Mayor Larry Wheeler, Mayor Pro Tem Greg Garcia, Councilmember Jayne Peters, Councilmember Marsha Tunnell, Councilmember Doug Stover, Councilmember Bill York, Councilmember Also present were City Manager Jim Witt, City Se Attorney David Dodd. SPECIAL SESSION 1. Call to order. ~d City Publi top. , 2000 Special Municipal of an order declaring the authorizing the Mayor to sign. City Attorney, read the Canvass Resolution into the record ng the following number of votes: . :.. ~i~:~;,~:!' Diana Raines, Place 3 5,417 ~' Bill Herries, Place 3 1,934 George Marczuk, Place 3 989 Diana Ralnes was elected to serve the unexpired term in Place 3. CM11132000 Page 1 of 2 Action: Councilmember Tunnell moved to approve Resolution No. 2000-1113.1 Canvassing returns of the November 7, 2000 Special Municipal Election to Fill a Vacancy, approval of an order declaring the results of said election, and authorizing the Mayor to sign. Councilmember Peters seconded the motion; the motion carried 6-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Tunnell, Stover and York voting in favor of the motion. Consider approval of accepting the resignation of Diana Raines and Lynn Kees from the Parks and Recreation Board. Action: .::.'!,.'.:.' ~"' Councilmember Tunnell moved to accept and Lynn Kees from the Parks and Recl Garcia seconded the motion; the motion Wheelcr and Councilmembers voting in favor of the motion. ' Raines ;mber Pro Tem and York .Z . for~e City Council, the meeting Libby Ball, City Secretary Candy Sheehan, Mayor CMI 1132000 Page 2 of 2 MINUTES OF NOVEMBER 14, 2000 The City Council of the City of Coppell met in Regular Called Session on Tuesday, November 14, 2000, at 6:00 p.m. in the Library Meeting Room of William T. Cozby Public Library, 177 N. Heartz, Coppell, Texas. The following members were present: Candy Sheehan, Mayor Larry Wheeler, Mayor Pro Tem Greg Garcia, Councilmember Jayne Peters, Councilmember Diana Ralnes, Councilmember Marsha Tunnell, Councilmember (late Doug Stover, Councilmember Bill York, Councilmember .~ Also present were City Manager Jim Witt, Attorney Robert Hager. ;all and City REGULAR SESSION adjourned into Executive Government Code Deliberation ,perty. ;hase of public land generally west of Coppell and north of Bethel Road. M...ay:.o!;'$heehan convened into Executive Session at 6:10 p.m. as allowed under fl~ie"above-stated article. Mayor Sheehan adjourned the Executive Session at :~a~:25 p.m. and opened the Work Session. Councilmember Tunnell arrived at this time. CM 11142000 Page 1 of 20 WORK SESSION IOpen to the Public| 3. Convene Work Session Ae Co Discussion regarding Boundaries for the Historic District for the City of Coppell. Presentation regarding Scoreboard Options Facilities. Discussion of Agenda Items. for Athletic REGULAR SESSION {Open to the Public} 4. Invocation. Frank Pope, Coppell Police invocation. Mayor Sheehan led Pledge of Allegiance. '.sent in Department Chaplain~.,~.~b.~~sent ~ ~nce. in the Place 3. :Manager to negotiate contracts with said authorizing the Mayor to sign said Ordinance. Ordinance for appointing of Marian Judge and Terry Landwehr and Kim Judges of the Coppell Municipal Court to the provisions of Section 4.06{b} and Section of the City of Coppeil Home Rule Charter and City :es for a term of two {2} years and authorizing the City persons; and Action: Councilmember Tunnell moved to approve Ordinance No. 2000-930 appointing Marian Moseley as Municipal Judge and Terry Landwehr and Kim Nesbitt as Alternate dudges of the Coppell Municipal Court No. 1 pursuant to the provisions of Section 4.06(b) and Section 4.06(d) of the CM11142000 Page 2 of 20 City of Coppell Home Rule Charter and City Ordinances for a term of two (2) years and authorizing the City Manager to negotiate contracts with said persons; and authorizing the Mayor to sign said Ordinance. Councilmember York seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and York voting in favor of the motion. Swearing in of Marian Moseley as Municipal Judge and Terry Landwehr and Kim Nesbitt as Alternate Judges of the Coppell Municipal Court No. 1. Action: Mayor Sheehan swore in Marian Moseley as Landwehr and Kim Nesbitt, as Municipal Consider approval of a Griffin, who was named Texas Association of Scho to sign. ~.I~~~'~ and Terry by the the Mayor record and presented the moved to approve a Proclamation honoring who was named Superintendent of the Year by the ~n of School Boards, and authorizing the Mayor to sign. :ilmember Peters seconded the motion; the motion carried 7-0 with . ,:.:.~ Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, ' "?:~ ' Tunnell, Stover and York voting in favor of the motion. 10. Presentation by Coppell High School Band Boosters. Presentation: Mickie Neal, made a presentation of a plaque to the City of Coppell. CM11142000 Page 3 of 20 11. Citizen's Appearances. A. Jeanine McDonald, 215 N. Moore Road #9003, spoke regarding Texas Recycles Day. Carl Railing, 209 Bay Circle, spoke regarding scoreboards. 12. Consider approval of the following consent agenda items: Consider approval of minutes: October 24, 2000. Consider approval of entering into a ., Jacobs as Finklea for a Water Master Plan Update in an amount not and authorizing the City Manager " C. Consider approval between City of to ..~ Local ~nt the Manager for Case No. 8-1180, uest from TC ITown Special Use Permit}, to a square foot restaurant and in Suite 230 of the Town Center fat 106 N. Denton Tap Road, and Mayor to sign. ~,.?.~.~.~.'.~Consider approval of an Ordinance for Case No. PD-171R- · '~":': '~:::~i~'~:~!~:;:'' HC, Verizon Communications {GTE}, zoning change · :. :....: ..?. ~......:. request for property zoned PD- 171 -HC {Planned Development- 171 -Highway Commercial), to allow a revision to the approved signage on approximately 35.6 acres of property located at 750 Canyon Drive, and authorizing the Mayor to sign. Consider approval of an ordinance abandoning a 7.5 foot utility easement along the rear of Lot 5, Block 8 Village at CM I 1142000 Page 4 of 20 Cottonwood Creek Section I (258 Winding Hollow Lane); and authorizing the Mayor to sign. Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B, C, D carrying Ordinance No. 91500-A-270, F, carrying Ordinance No. 91500-A-271, and F carrying Ordinance No. 2000-931. Councilmember York seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and York voting in favor of the motion. 3, PUBLIC HEARING (CONTINUED): Consider approval of Case No. request from HO-C and Commercial and Historic PD-188-HO-C (Planned Commercial), to allow the private club and the on approximately 1.27 Lan~ · '.. '?h~.~ ..!:~..j~. .. ,.:!~..~,~.....~ .;i,: t.,,. PD- 188, HO-C-S- 1125R Overlay, of a of Overlay, .1125R) to Overlay, with a shop the east of Cooper )f Services, made a Applicant, addressed Council. Restaurant, also addressed Council. ~':'. M '~""""'i'She~ advised that the Public Hearing remains open and no :: ~ .~d sig'~ed up to speak on this item. ~~" 'Discussed: There was discussion regarding responses in opposition to the public notices; how many dumpstcrs are planned for both of these businesses; and questions on the parking lot. CM 11142000 Page 5 of 20 Action: Councilmember Tunnell moved to close the Public Hearing and approve Case No. PD-188, HO-C, zoning change request from HO-C and HO-C-S- 1125R (Historic Ove~ay, Commercial and Historic Ove~ay, Commercial, S-1125R) to PD-188-HO-C (Planned Development-188, Historic Overlay, Commercial), to allow the construction of a restaurant with a private club and the expansion of a free-standing beauty shop on approximately 1.27 acres of property located along the east side of Coppell Road, approximately 200 feet south of Cooper Lane with the following conditions: 1. Planned Development Conditions as stated on the Site . The exhaust fan be in-line in nature so that the exterior. seen from Mayor Pro Tem Wheeler seconded the with Mayor Pro Tem Wheeler C Raines, Tunnell, Stover and carried 7-0 Peters, 14. PUBLIC t, zoning request to PD-188 HO-C- Historic Overlay, xllow a restaurant with a .27 acres of property located oppell Road, approximately 200 feet sout~f P~esenta....fi.O"n: ~.'!? .... ~blic Hearing: and Community Services, made a Mayor Sheehan advised that the Public Hearing remains open and no one signed up to speak on this item. CM11142000 Page 6 of 20 Action: Councilmember Tunnell moved to close the Public Heating and approve Case No. S-1179, zoning change request from HO~C (Historic Overlay, Commercial) to PD- 188 HO-C-S.U.P. (Planned Development- 188, Historic Overlay, Commercial, Special Use Permit), to allow a restaurant with a private club on approximately 1.27 acres of property located along the east side of Coppell Road, approximately 200 feet south of Cooper Lane with the following conditions: e The hours of operation will be from 11 a.m. to 10 p.m. Monday through Saturday and 12 noon to 9 p.m. on Sunday. .;~,:~ The sale of alcoholic beverages on the premises..j,,~.~itted as All Planned Development conditio L88 shall bc adhered to. Mayor Pro Tem Wheeler the 7-0 with Mayor Pro Tem Peters, Raines, Tunnell Lot 1, Block 1, Minor a restaurant and the 1.17 acres of side of Coppell Road, of Cooper Lane. and Community Services, made a Councilmember Tunnell moved to approve the JWI Addition, Lot 1, Block 1, Minor Plat, to allow the development of a restaurant and the expansion of a beauty shop on approximately 1.27 acres of property located along the east side of Coppell Road, approximately 200 feet south of Cooper Lane with the following condition: CM11142000 Page 7 of 20 1. Correct the spelling on date on the City Secretary's signature block. Mayor Pro Tem Wheeler seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and York voting in favor of the motion. 16. PUBLIC HEARING: Consider approval of Case No. S-1181, CC's Coffee zoning change request from C |Commercial} to (Commercial, Special Use Permit), to allow the o 1,920 square foot coffee shop to be located Coppell Crossing IV Shopping Center at Boulevard. House, C-S.U.P of a of the Presentation: Gary Sieb, Director of presentation to the Council. Council. ...~?... I~ues Dim and ~.~ity made a is Hei,, addressed Item 16 and advised that Hearing and that the There::L~as regarding what food items would be served at the coffee'~ous~:..,!.: ~'?:~"'Councilmember York moved to close the Public Hearing and approve Case No. S-1181, CC's Coffee House, zoning change request from C (Commercial) to C-S.U.P (Commercial, Special Use Permit), to allow the operation of a 1,920 square foot coffee shop to be located in Suite 401 of the Coppell Crossing IV Shopping Center at 777 S. MacArthur Boulevard with the following conditions: The hours of operation being limited to 5:30 a.m. to midnight, 7 days a week. CM11142000 Page 8 of 20 The development of this property shall be in accordance with the site plan, floor plan, sign plans and elevations. 3. The floor plan being revised to clearly label serving areas. The signage on the north elevation being reduced to the permitted 30 square feet of effective area. The raceway of the signage shall match the material on which it is mounted; i.e. bronze on brick, off-white on EFIS. 6. The deletion of the black background for the channel letters. Mayor Pro Tem Wheeler seconded the motion; the motion.. ed 7-0 with Mayor Pro Tem Wheeler and Councilmembers ~,~ ~t~: Peters, Raines, Tunnell, Stover and York voting in favor of .the: ~ ~. 17. PUBLIC HEARING: ' i~ ~dti~eg Consider approval of the Ca Lo~ 3, Blo B, Replat, to allow the ~ei ~e aos~ approximately 1.95 acres al e side of S. D~~p ".' ary':~Keb,.:..'i!'' 'ire '..~;of i ~munity Services, made a .?'.' MayoX:.' he op a' the Public Hearing on Item 17 and advised that no,.c~..n.'~' h~gned~p to speak at the Public Hearing and that the ii..~.. ~~nt v~:" present to answer any questions. Councilmember Tunnell moved to close the Public Hearing and approve the Creekview 2, Lot 3, Block B, Replat, to allow the development of an office building on approximately 1.95 acres of property located along the east side of S. Denton Tap Road; south of Bethel Road. Mayor Pro Tem Wheeler seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and York voting in favor of the motion. CM11142000 Page 9 of 20 PUBLIC HEARING: Consider approval of the Coppell Commerce Center, Phase 1, Replat and Site Plan, to replat approximately 19.386 acres of property and allow for the development of office and warehouse buildings on a 9.62 acre portion located along the north side of Burns Street, between Freeport Parkway and Hammond Street. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. ~,~ Public Hearing: .~ Mayor Sheehan opened the Public Hearin no one had signed up to speak at applicant was present to answer advised that that the Action: Councilmembe Streel 7-0 RaineS · - !i approve plat and to replat !allow for the development of :re portion located along the Parkway and Hammond xe motion; the motion carried leeler Councilmembers Garcia, Peters, voting in favor of the motion. t9- Co~er "'i':':~: royal of the Sherrlll Acres, Lot 1, Block 1, Site ..~ 't ¥i?~Ame~Pdment, to allow the construction of a veterinary .:,:!i.~!~,!~i~i~ ' ~ on approximately .776 acre of property located along the ~ ..... side of Belt Line Road, east of MacArthur Boulevard. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Leslie Sherrill, applicant, addressed Council. CM11142000 Page I0 of 20 Issues Discussed: There was discussion regarding what had been shown to the Planning and Zoning Commission. Action: Councilmember Peters moved to approve the Sherrill Acres, Lot 1, Block 1, Site Plan Amendment, to allow the construction of a veterinary office on approximately .776 acre of property located along the south side of Belt Line Road, east of MacArthur Boulevard with the following conditions: 1. The dormers on the east and west elevations will 2. Addition of a Fire lane added to the Councilmember York seconded the Mayor Pro Tem Wheeler and Tunnell, Stover and York motion 7-0 with ~3arcia, Raines, 05 ':' · .' Gary ':~:~eb, =;!!~irect~a=~ Planning and ~:~"a short recess held at this time. Public Hearing: to amend a ~ll Zoning Ordinance, uite Tree, less than ten tree. Community Services, made a Mayor Sheehan opened the Public Hearing on Item 20 and advised that one person had signed up to speak at the Public Hearing and that the applicant was present to answer any questions. Tracey Garman, 707 Cambridge Manor Lane, spoke in opposition on Item 20. CM 11142000 Page 11 of 20 Issues Discussed: There was discussion regarding the history of the mesquite tree in the Tree Ordinance; how are the trees measured; the detrimental effects of the mesquite tree in urban development; the age of different sized mesquite trees; are there companies that have passed on developing in Coppell due to the number of mesquite trees on the property they are looking at due to the high cost of not keeping these trees; whether the mesquite tree should be considered a trash tree and unprotected; are there any unprotected trees in Coppell; who actually measures the trees on property that will be 34-2-7(B) of the Zoning Ordinance) be changed to unprotected; would any changes need to go to the Commission; can the Commission be asked to secondary trees and clarify the credit in order preserves anything over 6 inches of a se< amount of credit as preserving a 10" drought conditions that we have had landscaping ordinances; and wh.~ will a developed; can the Tree Ordinance (Section Action: delete word Zoning and that the same the current chart the current ~ster be hired.'.:'.'~;:.~ ~.' Hearingrid deny the Section 34':2-7 (B) of the to add the Mesquite as an unprotected tree. deny; the motion failed 2- voting in favor of the motion and and Councilmembers Garcia, Peters, Tunne the motion to deny. moved to close the Public Hearing and approve the..' change to amend a portion of Section 34-2-7 (B) of the g Ordinance, Landscape Regulations, to add the Mesquite less than ten (10) caliper inches, as an unprotected tree. Peters seconded the motion; the motion carried 4-3 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, and York voting in favor of the motion and Councilmembers Ralnes, Tunnell, and Stover voting against the motion. CMI 1142000 Page 12 of 20 PUBLIC HEARING: Consider approval of the proposed text change to amend Section 22-1.9 of the Coppoll Zoning Ordinance, HC (Highway Commercial district), to eliminate restaurants, caf6s, and cafeterias, including drive-ins as permitted uses within such district, except by Special Use Permit. Presentation: Gary Sieb, Director of Planning and presentation to the Council. Public Hearing: Mayor Sheehan opened the Public Hearing on no one had signed up to speak at the applicant was present to answer any Action: .:. Councilmember moved proposed text Coun ¥ .'.; . ~rc was . ~ ,~':i' "': ~!'' '=~IC HEARING: approval this time. Community Services, made a advised that that the earing !':'~ approve .the permitted uses within such ~cilmember Tunnell seconded Pro Tem Wheeler and Stover and York voting of the proposed text change to amend a portion of Section 34-1-8 (B|3 of the Coppoll Zoning Ordinance, Landscape Regulations, to eliminate the minimum number of vehicular parking spaces per row. Presentation: Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. CM11142000 Page 13 of 20 Public Hearing: Mayor Sheehan opened the Public Hearing on Items 22, 23 and 24 and advised that no one had signed up to speak at the Public Hearings. Action: Councilmember York moved to approve: Item 22 - the proposed text change to amend a portion of Section 34-1-8 (B) 3 of the Coppell Zoning Ordinance, Landscape Regulations, to eliminate the minimum number of vehicular parking spaces p~Tw; Item 23 - approval of the proposed text change to Section 34-1-8 (C) of the Coppell Zoning Regulations, to clarify the intent of requirements; and Item 24 - approval of the pro Section 45 of the Coppell to amend Section 45-1 to rel 45-2 to establish d~ an ~i t e led ~rtion of Landscape landscaping Tunm to am~ portions of s for zone75~.~.anges, plat, 145-3 to prohi,.;.~, the filing of applica'~ions. the motion carried 7-0 with Garcia, Peters, Raines, of the motion. ,.~:,:i,~.. "~cape Regulations, to clarify the intent of the perimeter . :.,:...:-. ~:~scaping requirements. .~;.!.....::..!.,; .. ~s item was considered under Item 22. See Item 22 for minutes. PUBLIC HEARING: Consider approval of the proposed text change to amend portions of Section 45 of the Coppell Zoning Ordinance, Application and F~ing Fees; to amend Section 45-1 to remove specific fee amounts; to add Section 45-2 to establish the filing CM I 1142000 Page 14 of 20 date for applications for zone changes, plat, and site plan approval, and to add Section 45-3 to prohibit the filing of permit applications during the pendency of zoning applications. This item was considered under Item 22. See Item 22 for minutes. PUBLIC HEARING: Consider approval of the designation of a reinvestment zone :nt for by pursuant to Section 312.201 of the Property and Tax Abatement Act. The property to be Reinvestment Zone designation is that prope Lincoln Coppell III Limited Partnership, de Business Center III, Block C, Lots 1 located at the southwest corner Lakeshore Drive, Coppell, Texas. ppell ~aeres) and and Presentation: Gary Sieb, Dire, Pr~g~ntation made a that ~ion: ~g on Items 25 and 27 and ~peak at the Public Hearings and to answer any questions. '.. Co~lme~'r York moved to close the Public Hearings on Item 25 and '7 and approve the following items: ";!:;.:'.'~.,::'~am 25 - the designation of a reinvestment zone pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is that property owned by Lincoln Coppell III Limited Partnership, described as Coppell Business Center III, Block C, Lots 1 and 2 (8.609 acres) and located at the southwest comer of Wrangler Drive and Lakeshore Drive, Coppell, Texas; CM11142000 Page 15 of 20 Item 26 - approval of Ordinance No. 2000-932 designating the Lincoln Coppell III Limited Partnership Reinvestment Zone No. 29, and authorizing the Mayor to sign; Item 27 - approval of the designation of a reinvestment zone pursuant to Section 312,201 of the Property Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is that property owned by Catellus Development Corporation, described as Gateway Business Park No. II, Block C, Lot 2 (7.31 acres) and located at the northeast comer of Interstate Highway 635 and Freeport Parkway, Coppell, Texas; and Item 28 - approval of Ordinance No. 2000-933 designating ~atellus Development Corporation Reinvestment Zone No. 28, an~.~t]"" "z ~zing the Mayor to sign. . Councilmember Tunnell seconded the carried 7-0 with Mayor Pro Tem Wheeler and Peters, Ralnes, Tunnell, Stover and of the x. Consider a of an Lincoln Co~]~]~ell III stment 29, and and.. 25 for minutes. designation of a reinvestment zone 312.201 of the Property Redevelopment :nt Act. The property to be considered for Zone designation is that property owned by Development Corporation, described as Gateway Park No. II, Block C, Lot 2 {7.31 acres} and located at the northeast corner of Interstate Highway 635 and Freeport Parkway, Coppell, Texas. This item was considered under Item 25. See Item 25 for minutes. Consider approval of an Ordinance designating the Catellus Development Corporation Reinvestment Zone No. 28, and authorizing the Mayor to sign. CM 11142000 Page 16 of 20 This item was considered under Item 25. See Item 25 for minutes. Consider award of bid and resolution authorizing procurement of three (3| fully equipped Pierce Custom Pumpers through HGAC not to exceed $1,433,440, and authorizing the City Manager to execute all appropriate documents. Approval of this item will authorize annualized expenditures of $150,000 as budgeted. Presentation: Bob Kruse, Fire Chief, made a presentation to Council. Issues Discussed: There was discussion regarding the which may drop the cost for ISO rating, in Action: as carrie of bid Resolution of three equipped to exceed $1,433,440, and appropriate documents. expenditures of $150,000 the motion; the motion and Councilmembers Garcia, and York voting in favor of the motion. 30- Compiler ~roval of a contract for the construction work ~:'."' r ~":~!~'~"d t~~ renovations at the Senior Center to Keck (k .!:~:'. ;..:":~'~ '~iciates in an amount not to exceed $195,346.00, and ! ii:;i'i/~f~:!:~~rizing the City Manager to sign. Presentation: Jim Witt, City Manager, made a presentation to Council. Issues Discussed: There was discussion regarding the start date of the new Senior Center. CM 11142000 Page 17 of 20 Action: Councilmember York moved to approve a contract for the construction work related to renovations at the Senior Center to Keck & Associates in an amount not to exceed $195,346.00, and authorizing the City Manager to sign. Mayor Pro Tem Wheeler seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and York voting in favor of the motion. There was no action necessary under this item. Necessary action resulting from Work Session. City Manager's Report. D. Staff Reports. Riverchase Wetlands Walkway ~t. Public Works I] Cost of Tennis report ~ ich Jim Witt. will be ~m lat the Walkway should be Council on the status of the new D. ianager, informed Council that the cost of the '::'." ;nter Master Plan between the DeForest and Wagon Wheel ". "'?".~ite scost between $53,000 to $64,000 and asked if Council ....." would like to save money and go with the information they already . have to make a decision on the Tennis Center site. Mayor and Councfi Reports. A. RepOrt by Mayor Sheehan regarding the Coppell High School Marching Band. Report by Mayor Sheehan regarding Early Voting. Report by Mayor Sheehan regarding Old Town Coppell Days. CM 11142000 Page 18 of 20 Do Report by Mayor Sheehan regarding Metroplex Mayors' Meeting. Report by Mayor Sheehan regarding Chamber of Commerce Luncheon. Report by Mayor 8heehan regarding City of Coppell Christmas Parade and Holiday Celebration. Report by Councilmember Peters regarding Texas Recycle Day. Report by Councilmember Stover regarding Coppell Education Foundation Founders Drive. Mayor Sheehan reported on the Coppell High Schog~arching Mayor Sheehan reported on the hug 'l~""'~"z~~'fiEarly Voting ~!,; !;iF," . Mayor Sheehan Copp !;i"i; Days will be held November 18th. Mayor Mayor ~4Vleeting she Marchanl '~vas the guest He of Commerce luncheon announced that Mayor Pro g the City of Coppell. that the City of Coppelrs Christmas ay Celebration will be held December 2, 2000. 'Coun'~;~Frnember Peters reported on the Texas Recycle Day, which was held on November 11, 2000, and thanked Amanda Vanhoozier, Community Programs Coordinator, and the Leisure Services staff on the great job they did. Councilmember Stover reported on the Coppell Education Foundation Founders Drive Kick-Off Luncheon that had been held November 14, 2000 and encouraged everyone to help support the Foundation. CMl1142000 Page 19 of 20 34, Necessary Action Resulting from Executive Session. Mayor Pro Tem Wheeler moved to authorize the City Manager to execute a contract to purchase, subject to legal review, with Landmark Interest for 36.339+ acres of land situated in the JF Vest Survey, City of Coppell, Dallas County, Texas; and, authorize the City Manager to pursue financing to effectuate the same. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Wheeler and Councilmembers Garcia, Peters, Raines, Tunnell, Stover and York voting in favor of the motion. There being no further business to come before the Cxty ~meehng was adjourned. ' C~ Sh r ATTEST: CM11142000 Page 20 of 20 ITY~ ~ ~ COUNCIL MEETING: December 12, 2000 ITEM ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-91R-SF-7. Northlake Woodlands East. Phase II, Lot 2. Block 10, zoning change request for property zoned PD-91-SF-7 (Planned Development-91, Single Family-7), to allow for the construction of a second-story addition with less than 80% masonry located at 723 Swallow Drive, and authorizing the Mayor to sign. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On September 21, 2000, the Planning Commission unanimously approved this zoning change request (6-0). On October 10, 2000, City Council approved this zoning change request (4-0). Council member Wheeler abstained. Staff recommends approval. ,~,. ~~:~. Agenda Request Form - Revised 5/00 FIN. REVIEW: CITY MANAGER REViE~~~ Document Name: @PD9 1Ro AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM "PD-91" (PLANNED DEVELOPMENT-91) TO "PD-91R" (PLANNED DEVELOPMENT - 91R) TO ALLOW FOR LESS THAN THE EIGHTY PERCENT (80%) MASONRY REQUIRED FOR THE PROPERTY DESCRIBED ON THE SITE PLAN ATTACHED HERETO EXHIBIT "A'; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR A DETAILED SITE PLAN, WITH LEGAL PROPERTY DESCRIPTION INCLUDED, AND ELEVATION PLANS ATTACHED HERETO AS EXHIBITS "A" AND "B", RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-91R should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby mended to grant a change in zoning from "PD-91" (Planned Development- 91) to "PD-91R" (Planned Development - 91R) to allow for less than the eighty percent (80%) masonry required for the property described on the site plan attached hereto Exhibit "A" and made a part hereof for all purposes. 37541 SECTION 2. That the property shall be developed and used only in accordance with the Ordinance No. 204-A-9, except as mended herein, and the Site Plan and Elevation Plan attached hereto as Exhibits "A" and "B": A. All additions, expansions and new construction in PD-91 shall comply with the Zoning Regulations applicable at the time of the issuance of a building permit. SECTION 3. That the Site Plan and Elevation Plan attached hereto as Exhibits "A" and "B", and made a part hereof for all purposes, are hereby, approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore mended, and as mended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is govemed by prior law and the provisions of the Comprehensive Zoning Ordinance, as mended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning 2 37541 Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of ,2000. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY 3 37541 moa:~ vmps ! \ ex~'rms emoc 'ro ank Siding: Nilliams- usa Tan t- Sidin~ rilliL, ns- seTan Hardi Plank Sidin Shawin Willisms- To~ Ho~e Tan 53% Masonry with addition WEGT ELEVATION SCALE: I/~" · I'-0" 71% Masonry prior to addition EEAST ELEVATION I ~,ALE~ 118' , I'-0* ~ . ITY COUNCIL MEETING: December 12, 2000 ITEM ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-186. Duke-Freeport Addition, zoning change from LI (Light Industrial) to PD-186-LI (Planned Development-186, Light Industrial), with a Concept Plan to allow the development of 7 office/warehouse facilities on approximately 144 acres of property along the north side of W. Bethel Road, south of Ruby Road, and west of Coppell Road, and authorizing the Mayor to sign. SUBMITrED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On April 20, 2000, the Planning Commission unanimously approved this zoning change request (6-0). On September 12, 2000, City Council unanimously approved this zoning change request (6-0). Staff recommends approval. ~. ~~,: Agenda Request Form - Revised 5/00 FIN. REVIEW: AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM "LI" (LIGHT INDUSTRIAL) TO "PD-186-LI" (PLANNED DEVELOPMENT-186, LIGHT INDUSTRIAL) FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR DEVELOPMENT CONDITIONS FOR OFFICE/WAREHOUSE FACILITIES; PROVIDING FOR THE APPROVAL OF A CONCEPTUAL PLANNED DEVELOPMENT PACKET INCLUDING, CONCEPTUAL SITE PLAN, LANDSCAPE TABULATIONS PLAN, LANDSCAPE TREATMENT, , TREE SURVEY, , AND ELEVATIONS ATTACHED HERETO AS EXHIBITS "B", "C", "D", "E", "El", "E2" "EY', "F", "FI" AND "F2", RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-186 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby mended to grant a change in zoning fxom "LI" (Light Industrial) to "PD- 186-LI" (PIned Development 186-Light Industrial) for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the following development conditions set forth and as further conditions, the conceptual planned development packet including, conceptual site plan, landscape tabulations, landscape treatment,, tree survey,, and elevation, attached hereto and incorporated herein as Exhibits "B", "C", "D", "E", "El", "E2 ....E3", "F", "FI" and "F2", respectively: A. No building permit or Certificate of Occupancy shall be issued for any portion of the property until a Detailed Site Plan is approved after a public hearing by the Planning Commission and the City Council. B. A color board shall be submitted and approved prior to the review of a detail PD. C. Prior to the development of the property, and tree preservation reparation must be submitted and approved. D. Fire regulations shall be addressed and approved by the Fire Marshall. E. A 20' easement shall be provided, and approved by staff, on the westem portion of the site west of the proposed expansion of Freeport Parkway for the purpose of serving TXU and the Hike and Bike trails. F. All issues regarding the State Road right-of-way utility easement for the TXU electric service to Wagon Wheel Park and Hike and Bike trail easements shall be resolved to the city's satisfaction. G. Verification of permanent landscape requirement. Landscape requirement needs to be shown on Exhibit "B", Conceptual Site Plan. SECTION 3. That the conceptual planned development packet including, landscape tabulations, landscape treatment, drainage plan, utility plan, tree survey, conceptual site plan, and elevation, attached hereto and incorporated herein as Exhibits "B", "C", "D", ", "El", "E2 ....E3", "F", "F1" and "F2, respectively, and made a part hereof for all purposes, are hereby, approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. 2 SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is govemed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such eases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of ,2000. APPROVED: CANDY SHEEHAN, MAYOR 3 ATTEST: APPROV TO FORM: ROBERT E. HAG CITY ATTORNEY LIBBY BALL, CITY SECRETARY DESCRIPTION, of a 142.703 acres tract of land situated In the John Vest, Survey Abstract No. 1508, County of Dallas, State of Texas, said tract being oll of the some tract described In deed to Duke-Weeks Realty Corporation, recorded In Volume 2000092, Page 3739 of the Deed Records of Dallas County. Texas; said 14.2.703 tract being more particularly described as follows: BEGINNING, at a "PK" nail found, said point being the intersection of the centerline of Ruby Road (a variable width public rlght-or-woy) and the west right-of-way line of Coppall Rood (o 80 foot wide public right-of-way); said point being the northwest corner of the sold Duke-Weeks b'oct; THENCE, South O0 Degrees, 27 Minutes, 49 Seconds West, along the said west llne of Coppell Road, a distance of 1336.59 feet to a 3/4.-inch spike found at an angle point; THENCE, South O0 Degrees, 06 Minutes, 12 Seconds West, continuing along the said west line of Coppall Road, a distance of 466.27 feet to a 1/2-inch iron rod found; said point oleo being the northeast corner of o tract of land described in deed to Robert L Robertson, LLC., recorded in Volume 98170, Page 5904 of the Deed Records of Dallas County, Texas; THENCE, North 89 Degrees, 16 Minutes, ¢7 Seconds West, departing the said west line of Coppall Road and along the north llne of the Robertson tract, o distance of 356.81 feet to on axle found for comer;, said point also being the northwest corner of the Robertson tract; THENCE, South 04 Degrees, 02 Minutes, 20 Seconds East, along the west line of the Robertson tract, a distance of 164.14- feet to a 1/2-inch iron found for comer, scid point also being In the north line of o tract of land described In deed to Joel Hartman recorded In Volume 80135, Page 2707 of the Deed Records of Dallas County, Texas; said point also being in the north line of the Lochhoven Addition, on unrecorded addition to the City of Coppall, Texas; THENCE, North 89 Degrees, 31 Minute.-., 447 Seconds West. along the nor~.h line of the Lockhaven Addition and said Hartman tract, passing at a dlstonce of 149.24 feet to an axle found at the rsortheast corner of a tract of land described in deed to Thomas &Tomi Church, recorded in Volume 93144, Page 44218 o fthe Deed Records of Oallas County. Texas; In all a distance of 3 344.56 feet to o 1/2-inch iron rod with 'A HALFF' cap found for corner; at the northwest corner of the said Lochhoven Addition and said Church tr.3ct; THENCE, iron rod recorded South O0 Degrees, 39 Minutes, 53 Seconds West, along the west llne of the said Lochhaven Addition, a distance of 560.79 feet to o 1/2-1nch with 'A HALFF' cap found for comer, sold point being in the north line of a tract of land described in Warranty Deed to Mildred L Goodwin, in Volume 79108, Page 727 of the Oeed Records of Dallas CoLnty, Texas; THENCE. North 89 Degrees, 29 Minutes, 47 Seconds West, along the north line of the said Goodwln tract, o distance of 440.00 feet to a 1/2-inch ;ran rod with "A HALFF' cop found for corner; said point being the northwest corner of the said Coodwin tract; THENCE, South QO Degrees, 39 Minutes, 53 Seconds West, along the we.:t line of the said Goodwin tract, o distance of 130.00 feet to o 1/2-inch iron rod with 'A HALFF" cop found in the north right-of-way line of Bethel .~oa<: (o variable width public right-of-way); said point being the southwest corner of the said Goodwin tract; THENCE, North 89 Degrees, 29 Minute3, 445 Seconds West, with 'A HALFF' cap found for corner; said point being the described in deed to Coppell Industrial N.V. as recorded in along the said north line of Bethel Road, a distance of 1841,62 feet to o 1/2-inch iron rod intersection of the said north line of Bethel Rood and the east line of a tract of land Volume 82071, Page 1061 of the Deed Records of Oallos County, Texas; THENCE, North O0 Degrees, 23 Minutes, 4.4 Seconds East, deporting the said north line of Bethel Rood and along the east line of the said Coppell Industridi tract. o distance of 169.45 feet to o 5/8-inch iron rod ~ith "C&B' cap found in the southeast line of State Rood (on undedicoted right-of-way); THENCE, North 11 degrees, 17 minutes, 28 seconds West. o distance of 75.57 feet to a 1/2-inch iron rod with "PoohsoD Koch' cap set ot an angle point; sold point also being in the centsaline of said State Rood; THENCE, North O0 Degrees, 32 Minutes, 27 Seconds East, continuing along the said centerline of State Road, o distance of 24451.06 feet to o 1/2-inch Iron rod with "PoohsoD Koch' cop set in the said centerline of Rub) Ro.3d; THENCE, easterly, along the said centerline of Ruby Rood. the following three courses and distances; South 75 Degrees. 15 Minutes, 12 Seconds East, a distance of 786.34 feet to o 5/8-inch Iron rod found at on angle point; North 73 Degrees, 51 MInutes. 12 Seconds East. a distance of 523.¢0 feet to a 'PK' nail found at an angle point: South 89 Degrees, 4.3 Minutes, ;1 Seconds East, o distance of 13C8.29 feet to the POINT OF BEGINNING CONTAINING: 6,216,14444 square feet or 142.703 acres of land, more at less. EXH~BZT I' · ! : T' ' ' I ..... C) im ::D "0 :::, -,,,It i"'t__J LANDNAPE TABULATION6 PLAN Job 20090 Date 08 2900 Sheet L1.01 of 'u]'[lT"']'Jtlll], J II=,N~I :qJll~] [~ ..... LR'[~F! rTTL ~ltll[li',llllq f iZill 02 IXlII,,LRO~IlIIJII~ICIilIO1111A-A 8~q,~"'~"~. :w~. ~NC. ..;..~ ,,w ,,-;, ~ ~ 3~ L1,02 S3BOV LZ/_'L'~L ]> Z ~ // / // , r:- :~L~ T"r'PICA_, C~ NOL.LV^::r"F::I HI~S '~VI..L~V-..~e ~i.. ~i"' i 0 ,'j I I , ii CITY COUNCIL MEETING: December 12, 2000 ITEM ITEM CAPTION: Consider approval of an amendment to Ordinance No. 91500-A-219 for Case Nos. S-1155R and S-1155R2, Dickey's Barbecue Restaurant. C-S.U.P. (Commercial, Special Use Permit), by amending the Site Plan and the Landscape Plan to allow for a monument sign and to allow for additional parking spaces on property located along the west side of S. Denton Tap Road; along the south side of the St. Louis &Southwestem Railroad right-of-way, and authorizing the Mayor to sign. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On February 17, 2000, the Planning Commission unanimously approved Case No. S-1155R to allow a monument sign (7-0). On August 17, 2000, the Planning Commission unanimously approved Case No. S- 1155R2 to allow additional parking spaces at the rear of 804 Bullock Drive (6-0). On March 14, 2000, City Council unanimously approved Case No. S-1155R (5-0) and on September 12, 2000, it unanimously approved Case No. S-1155R2 (6-0). Staff recommends approval. Agenda Request Form - Revised 5/00 FIN. REVIEW: AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF TI-W~ CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY AMENDING SPECIAL USE PERMIT (S-1155) ORDINANCE NO. 91500-A- 219 BY AMENDING THE SITE PLAN AND THE LANDSCAPE PLAN TO ALLOW FOR A MONUMENT SIGN AND TO ALLOW FOR ADDITIONAL PARKING SPACES FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE MONUMENT SIGN, REVISED SITE PLAN AND LANDSCAPE PLAN ATTACHED HERETO AS EXIHBITS "B", "C" AND "D", RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a flail and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said goveming body is of the opinion that Zoning Application No. S-1155R and S-1155R2 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be amended by amending Special Use Permit (S-1155) Ordinance No. 91500-A-219 by amending and expanding the Special Use Permit site plan and the landscape plan to allow for a monument sign and additional parking to the west of the building, for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. 36040 SECTION 2. That the propgrty shall be developed and used only in accordance with Special Use Plan (S-1155), Ordinance No. 91500-A-219, except where special conditions apply which are as follows: A. That any additional parking and/or access to site through the alley shall require additional traffic diverters constructed at the expense of the owner and subject to the approval of the City and the affected utility companies. B. A 24' off-site fire lane shall be established either by replat or separate instrument. C. That the monument sign shall be black lettering within a black border. SECTION 3. That as a further condition, the Monument Sign, Site Plan and Landscape Plan attached hereto and incorporated herein by reference as Exhibits "B", "C" and "D", respectively, and made a part hereof for all purposes, are hereby, approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect except as amended herein. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. 36O4O SECTION 7. An offense committed before the effective date of this ordinance is govemed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the ,2000. APPROVED: day of CANDY SHEEHAN, MAYOR ATTEST: 2P~~T E.!~H/cdb 11/21/00) : ORNEY · LIBBY BALL, CITY SECRETLY 3 36040 Original Tract - S-1155 Whereas, Henggeler Properties, L.P. are the sole owners of a 0.913 acre tract of land situated in the City of Coppall, Dallas County, Texas, recorded in Volume 97156, Page 03472 of the Dallas County Deed Records and being more particularly described as follows: Beginning at a copped iron rod (stamped 'Connolly RPLS 3935) found marking the intersection of the west right-of-way line of the Denton Tap Road (120' R.O.W.), with the southeast right-of-way line of o St. Louis & Southwestern Railroad (100'), said beginning corner also being the northeast corner of said 3.14-89 acre tract and the premises heroin described; Thence with the west right-of-way line of Denton Tap Road, the east line of said 3.1489 acre tract and said premises, South, 279.00 feet to a 1 inch iron rod found marking the southeast corner of said premises; Thence the south line of said premises, West, 153.79 feet to a 1 inch iron rod found marking its southwest comer, said corner being in the west of said 3.1489 acre tract and the east right-of-way line of a 15' foot alley in the east line of North Lake Estates, on addition to the City of Coppall recorded in Volume 45, Page 65 of the Dallas County Plot Records; Thence with the west line of the heroin described premises, the west line of said 3.1489 acre tract, and the east right-of-way line of said alley an addition, North O0 degrees O0 minutes 48 seconds West, 238.01 feet to a 1 inch iron rod found marking the northwest corner of said premises, said 3.1489 acre tract, the ncrtheast corner of said addition, and being in the southeast right-of-way !ine of the aforementioned St. Louis & Southwestern Railroad; Thence with the northwest line of said premises, said 3.1489 acre tract, and the scutheast right-of-way line of said railroad, North 75 degrees 04 minutes 53 seconds East, 159.22 feet to the place of beginning and containing 39,76,~ square feet or 0.913 acre of land. Additio~l Parking Area BEING A TRACT OF LAND SITUATED IN THE REVISIONS OF LOTS 20 THROUGH 33 OF THE NORTH LAKE ESTATES SUBDIVISION, ABSTRACT 1296, CITY OF COPPELL DALLAS COUNTY, TEXAS, AND BEING PART OF LOT 23A, A 0.36 ACRE TRACT OF LAND OESORIBED IN A DEED TO THE CITY OF COPPELL OF RECORD IN VOLUME 71102, PAGE 65, MAP RECORDS, DALLAS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2' IRON ROD SET FOR CORNER AT THE NORTHW~:ST CORNER OF LOT 23-A WHICH BEARS NORTH 75' 02' OD' EAST, A DISTANCE OF 99.02 FEET ALONG THE SOUTH 15 FOOT ALLEY EASEMENT; THENCE SOUTH 52' 31' 09" EAST, ALONG THE SOUTHWEST UNE OF SAID ALLEY EASEMENT A DISTANCE OF 18.28 FEET TO A 1/2' IRON ROD SET FOR CORNER; THENCE SOUTH, ALONG THE WEST UNE OF SAID ALLEY EASEMENT A DISTANCE OF 100.35 FEET TO A 1/2' IRON ROD SET FOR CORNER; THENCE SOUTH 65' 42' 19' WEST, A DISTANCE OF 7.64 FEET TO A CORNER AT AN EXIS11NG FENCE; THENCE NORTH 6Y 08' 20' WEST, A DISTANCE OF 15.48 FEET TO A CORNER ALONG A PROPOSED FENCE; THENCE NORTH 4Y OY 02' WEST, A DISTANCE OF 88.36 FEET TO A CORNER ALONG A PROPOSED FENCE; THENCE NORTH 4Y 11' 01' WEST, A DISTANCE OF 33.10 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.163 ACRES OF LAND. EXHIBIT "A"' Dickey's 1 Front View 1 1 Side View A Texas Tradition Since 1941 1_411 ® ""'~""'~""'~~ . .. ' 6II ' ~ ' / Front lit Red Brick Bose to match Building Aluminum Face Overlayed with Beige Vinyl Lettering to be Black Vinyl and the Star is Red Vinyl Customer: Salesperson: Ray Dake Dickeys Designer: Jimmy Location: Date: File: 12709 EastBate Dr. Mesquite, Texas, 75J82 (972) 289-9843 I ATTACHED TO ~pp~w~C~C.. PACKET 0'00 dnorj ~upau.~u3 dVl~ ,LLINIOIA XV~HAI"dCI HJ,,HON IAIOHd ,0~ I QVOH dV.L NOJ, NHG HOHd DIDVIHJ, HS Hl,,II'I ,x,,l,MHdOHd H.I.}ION IAlO~ld ,08 NDIS ~O'OC) dno,O alAoO O¥Oi d¥1 NQ/N]O NY'h I qd'fOBOhl~ ABYNIINI93Bcl ~0 ,~ / /,,---- i CITY COUNCIL MEETING: December 12, 2000 ITEM ITEM CAPTION: Consider approval of an Ordinance for the text change to amend Section 22-1.9 of the Coppell Zoning Ordinance, HC (Highway Commercial district), to eliminate restaurants, caf~s, and cafeterias, including drive-ins as permitred uses within such district, except by Special Use Permit, and authorize the Mayor to sign. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On October 19, 2000, the Plarming Commission unanimously approved this zoning change request (7-0). On November 14, 2000, City Council unanimously approved this zoning text amendment (7-0). Staff recommends approval. FIN. REVIEW: ~ ~o~,~ ~ :~..~~ Document Name: @HCtxaO AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CITY OF COPPELL COMPREHENSIVE ZONING ORDINANCE BY AMENDING SECTION 22, SUBSECTION 22-1-9 BY DELETING "RESTAURANTS, CAFES, AND CAFETERIAS, INCLUDING DRIVE-INS" AS PERMITTED USES IN THE HIGHWAY COMMERCIAL ZONING DISTRICT AND RENUMBERING THE REMAINING PERMITTED USES TO REFLECT SUCH DELETION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TEXAS: CITY COUNCIL OF THE CITY OF COPPELL, SECTION1. That Section 22, Subsection 22-1-9 of the Comprehensive Zoning Ordinance be amended by deleting the "restaurants, cares, and cafeterias, including drive-ins" from the permitted uses of the Highway Commercial Zoning District and renumbering the remaining permitted uses to reflect such deletion as follows: "22-1 USE REGULATIONS. A building or premise shall be used only for the following purposes: 8. 9. 10. 11. Radio, television or microwave receiving dish .... University, college, or parochial school and related facilities. Manufacturing and industrial plants including the processing or .... Any use permitted by Special Use Permit .... " SECTION 2. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as mended hereby, which shall remain in full force and effect. SECTION 3. 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 4. An offense committed before the effective date of this ordinance is govemed by the 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 5. That this ordinance shall take effect immediately fxom 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, the __ ,2000. APPROVED: day of CANDY SHEEHAN, MAYOR ATTEST: (REH/cdb 12/01/00) LIBBY BALL, CITY SECRETLY 2 ITY~ ~ , CO~CE ~ET~G: December 12, 2000 ITEM ITEM CAPTION: Consider approval of an Ordinance for the text change to amend a portion of Section 34-1-8 (C) of the Coppell Zoning Ordinance, Landscape Regulations, to clarify the intent of the perimeter landscaping requirements, and authorizing the Mayor to sign. SUBMITFED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On October 19, 2000, the Planning Commission unanimously approved this zoning change request (7-0). On November 14, 2000, City Council unanimously approved this zoning text amendment (7-0). Staff recommends approval. ]l DIR. INITIALS:~' Agenda Request Form - Revised 5/00 FIN. REVIEW: CITY MANAGER REVIEW: Document Name: @3418taO AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CITY OF COPPELL COMPREHENSIVE ZONING ORDINANCE BY AMENDING SECTION 34, SUBSECTION 34-1-8(B)3 BY DELETING THE REQUIREMENT FOR A MINIMUM OF FIVE (5) PARKING SPACES SEPARATING PLANTING ISLANDS WITHIN A SINGLE ROW OF PARKING AND BY AMENDING SUBSECTION 34-1- 8(C) BY ADDING A PROVISION FOR A LANDSCAPE BUFFER ALONG ALL PERIMETER PROPERTY LINES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Section 34, Subsection 34-1-8(B)3 of the Comprehensive Zoning Ordinance be amended by deleting the provision for a minimum of five (5) parking spaces separating planing islands and shall read as follows: "SECTION 34 LANDSCAPE REGULATIONS 34-1-8 MINIMUM REOUIREMENTS FOR OFF-STREET PARKING AND VEHICULAR USE AREAS Interior Landscaping ..... Exclusive of pavement .... The intervals shall be such that planting islands within a single row of parking shall be separated by no more than fifteen (15) parking spaces. Planting islands shall contain .... " SECTION2. That Section 34, Subsection 34-1~8(C) of the Comprehensive Zoning Ordinance be amended by adding a provision for a landscape buffer along all property lines which shall read as follows: ,,(c) Perimeter Landscaping. A landscape buffer shall be provided along all property lines. All off-street parking, loading and vehicular use areas, including driveway pavement, shall also be screened .... " SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. 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. An offense committed before the effective date of this ordinance is govemed by the 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 6. That this ordinance shall take effect immediately ~'om and after its passage and the publication of the caption as the law and charter in such eases provide. DULY PASSED by the City Council of the City of Coppell, Texas, the ,2000. APPROVED: day of CANDY SHEEHAN, MAYOR 2 ATTEST: ~~~RT E.A' : TTORNEY (REI-I/cdb 12/01/00) LIBBY BALL, CITY SECRETARY CITY COUNCIL MEETING: December 12, 2000 ITEM ITEM CAPTION: Consider approval of an Ordinance for the text change to amend portions of Section 45 of the Coppell Zoning Ordinance, Apphcation and Filing Fees; to amend Section 45-1 to remove specific fee amounts; to add Section 45-2 to establish the filing date for applications for zone changes, plat, and site plan approval, and to add Section 45-3 to prohibit the filing of permit applications during the pendency of zoning applications, and authorizing the Mayor to sign. SUBMITrED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On October 19, 2000, the Planning Commission unanimously approved this zoning change request (7-0). On November 14, 2000, City Council unanimously approved this zoning text amendment (7-0). Staff recommends approval. Agenda Request Form - Revised 5/00 FIN. REVIEW: CITY MANAGER REVIEW: Document Name: @45txaO AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THF~ CITY OF COPPELL, TEXAS, AMENDING THE CITY OF COPPELL COMPREHENSIVE ZONING ORDINANCE BY AMENDING SECTION 45 BY PROVIDING FOR A NEW SECTION 45-1 PROVIDING THAT ALL FILING FEES SHALL BE ESTABLISHED BY CITY COUNCIL RESOLUTION; AND, BY ADDING NEW SECTION 45-2 TO PROVIDE FOR THE SUBMISSION AND ACCEPTANCE OF APPLICATIONS AND PERMITS; AND, BY ADDING NEW SECTION 45-3 ESTABLISHING PROHIBITIONS FOR THE ACCEPTANCE OF PERMITS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Section 45 of the Comprehensive Zoning Ordinance be amended by repealing the current Section 45-1 and providing for a new Section 45-1 providing all filing fees to. be established by City Council Resolution, to read as follows: "SECTION 45 APPLICATION AND FILING FEES 45-1 All owners, lessee or any other persons, firms or corporation making an application with the City of Coppell requesting a change, amendment or variance to the zoning ordinance applicable to his property shall be charged a mandatory fee for processing. All fees charged under this ordinance shall be established by resolution of the City Council." SECTION 2. That Section 45 of the Comprehensive Zoning Ordinance be mended by adding a new Section 45-2 to provide for the submission and acceptance of applications and permits, which shall read as follows: "45-2 All applications for change of zoning, site plan, plat or other permits regarding land development under the Comprehensive Zoning Ordinance and Subdivision Ordinance shall not be submitted or accepted by the City prior to the filing date as established by the Planning Director and approved by the Planning and Zoning Commission." SECTION 3. That Section 45 of the Comprehensive Zoning Ordinance be by adding new Section 45-3 establishing prohibitions for the acceptance of permits, which shall read as follows: "45-3 No application for any building permit, site plan, plat or other permit under the Coppell Zoning Ordinance and/or Subdivision Ordinance shall be accepted conceming any tract of land or real property for which a zoning application has been filed and pending before the Planning Department, Planning & Zoning Commission or City Council." SECTION 4. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 5. 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 6. An offense committed before the effective date of this ordinance is govemed by the 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 7. That this ordinance shall take effect immediately ~om and after its passage and the publication of the caption as the law and charter in such cases provide. 2 DULY PASSED by the City Council of the City of Coppell, Texas, the __ ,2000. APPROVED: day of CANDY SHEEHAN, MAYOR ATTEST: (REH/cdb 12/01/00) LIBBY BALL, CITY SECRETARY 3 · ~; ,~ ~ _~ CITY COUNCIL MEETING: December 12, 2000 ITEM ITEM CAPTION: Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and PSINet Realty, Inc., and authorizing the Mayor to sign. SUBMITTED BY: Gary Sieb TITLE: Director of Planning STAFF COMMENTS: City council conducted a public hearing regarding the reinvestment zone on July 11, 2000 and approved by Ordinance with a 6-0 vote. designation of the BUDGET AMT. $ FINANCIAL COMMENTS: DIR. INITIALS: Agenda Request Form - Revised 5/00 AMT. EST. $ FIN. REVIEW: +X-BID CITY MANAGER REVI Document Name: $PSIRes. Doc RESOLUTION NO. A RESOLUTION OF TIlE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND BETWEEN THE CITY OF COPPELL, TEXAS AND PSINet REALTY, INC.; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WllEREAS, the City Council has been presented a proposed Tax Abatement Agreement by and among the City of Coppell, Texas and PSINet Realty, Inc., a copy of which is attached hereto and incorporated herein by reference; and WHF..REAS, 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 City 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 oppommities. SECTION 3. The tax abatement to be granted by the Agreement will not include inventory, and supplies. SECTION 4. The improvements proposed for the Premises will accomplish the tax abatement guidelines of the City of Coppell, Texas. 33896 SECTION 5. The City Manager delivered to the presiding officer of the governing body of each taxing unit in which the property subject to the Agreement is located, a written notice that the City of Coppell, Texas, intends to enter into the Agreement. The notice given by the City Manager included a copy of the Agreement approved by this Resolution. SECTION 6. This Resolution and the Tax Abatement Agreement are hereby approved by the affirmative vote of the majority of the members of the City Council of the City of Coppell, Texas, at a regularly scheduled meeting of the City Council. SECTION 7. This Resolution shall become effective immediately from and alter its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the __day of ,2000. CITY OF COPPELL, TEXAS CANDY SHEEHAN, MAYOR ATTEST: (PGS/ttl 11/28/0~~' LIBBY BALL, CITY SECRETLY 2 33896 STATE OF TEXAS § COUNTY OF DALLAS § TAX ABATEMENT AGREEMENT This Tax Abatement Agreement (the "Agreement") is entered into by and between the City of Coppell, Texas (the "City"), duly acting herein by and through its Mayor, and PSinet Realty Inc. ("Owner"), acting by and through its authorized officer. WITNESSET!t: WltEREAS, the City Council of the City of Coppell, Texas, (the "City"), passed an Ordinance (the "Ordinance") establishing Tax Abatement Reinvestment Zone No. 27 (the "Zone"), for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 3 12 of the Texas Tax Code, as amended (the "Tax Code"); and WFIEREAS, the City has adopted guidelines for tax abatement (the "Tax Abatement Guidelines"); and WItEREAS, 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' 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), the contemplated improvements to the Premises thereto in the amount set forth in this Agreement, and the other terms hereof are consistent with encouraging development of the Zone in accordance with the purposes for its creation and/or in compliance with the Tax Abatement Guidelines, the Ordinance adopted by the City, the Tax Code and all other applicable laws; and WHEREAS, the City Council finds that the improvements sought are feasible and practicable and would be of benefit to the Premises (hereinafier defined) to be included in the Zone and to the City after expiration of this Agreement; and WllEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the Premises is located; and TAX ABATEMENT AGREEMENT - Page 1 33906 WFIEREAS, the City desires to enter into an agreement with Owner, the proposed owner of the Premises within the Tax Abatement Reinvestment Zone for the abatement of taxes pursuant to Chapter 312 of the Tax Code as amended; NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for good and other valuable consideration, the adequacy and receipt of which is hereby acknowledged, including the expansion of primary employment, the attraction of major investment in the Zone, which contributes to the economic development of Coppell and the enhancement of the tax base in the City, the parties agree as follows: GENERAL PROVISIONS 1. Owner is the owner of the real property and existing improvements located thereon described in Exhibit "A" attached hereto and made a part hereof for all purposes (the "Premises" hereinafter defined), which real property is located within the city limits of the City and within the Zone. 2. The Premises are not in an improvement project financed by tax increment bonds. 3. This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. 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. TAX ABATEMENT AUTHORIZED 5. This Agreement is authorized by the Tax Code and in accordance with the City Tax Abatement Guidelines and Criteria, and approved by resolution of the City Council of the City authorizing the execution of this Agreement. 6. Subject to the terms and conditions of this Agreement, and provided the Taxable Value for the Premises is at least Five Million Five Hundred Thousand Dollars ($5,500,000) as of January 1 of the First Year of Abatement and as of January 1 of each year thereat~er for a period of four (4) years, the City hereby grants Owner an abatement of seventy-five percent (75%) of the Taxable Value of the Premises and the Tangible Personal Property for a period of five (5) consecutive years. The actual percentage of Taxable Value of the Premises subject to abatement for each year this Agreement is in effect will apply only to the portion of the Taxable Value of the Premises that exceeds the Base Year Taxable Value for the Premises, the year in which this Agreement is executed (base year/2000). The actual percentage of Taxable Value of the Tangible Personal Property subject to abatement for each year this Agreement is in effect shall apply only to the Tangible Personal Property added to the Premises after this Agreement is executed. 7. The period of tax abatement herein authorized shall be for a period of five (5) years. TAX ABATEMENT AGREEMENT - Page 2 33906 8. During the period of tax abatement herein authorized, Owner shall be subject to all City taxation not abated, including but not limited to, sales tax and ad valorem taxation on land, inventory and supplies. DEFINITIONS 9. Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: A. The Premises shall mean the real property described in Exhibit "A" attached hereto and incorporated herein for all purposes including any improvements but excluding Tangible Personal Property which is added thereto subsequent to the execution of this Agreement; B. The Improvements shall mean the contemplated improvements to be constructed on the Premises and as further described herein. C. Taxable Value means the appraised value as certified by the Appraisal District as of January 1 of a given year. D. The Base Year Taxable Value shall mean the total assessed taxable value for the Premises for the year in which the Tax Abatement Agreement is executed (2000). E. The First Year of Abatement shall mean January 1 of the calendar year immediately following the issuance of a certificate of occupancy for the Improvements. F. Tangible Personal Property shall mean tangible personal property, equipment and fixtures other than inventory or supplies added to the Premises subsequent to the execution of this Agreement. G. An Event of Bankruptcy or Insolvency shall mean the dissolution or termination of Owner's existence as a going business, insolvency, appointment of receiver for any part of Owner'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 Owner and such proceeding is not dismissed within ninety (90) days after the filing thereof. IMPROVEMENTS 10. Owner owns the real property and the existing improvements located thereon described in Exhibit "A" and agrees to construct or cause to be constructed thereon certain renovations, improvements and additions to the existing Improvements consisting of approximately 80,000 square feet of computer data center/office space (and other ancillary facilities such as reasonably required parking and landscaping more fully described in the submittals filed by Owner TAX ABATEMENT AGREEMENT - Page 3 33906 with the City from time to time in order to obtain a building permit) known as PSINet Data Hosting Center (the "Improvements"). The cost of the Improvements excluding the land shall be at least Thirty Million Dollars ($30,000,000). Owner agrees to locate Tangible Personal Property on the Premises with a Taxable Value of at least Forty-Six Million Dollars ($46,000,000) as of the First Year of Abatement and as of January 1 of each calendar thereafter for a period of four (4) consecutive years. Nothing in this Agreement shall obligate Owner to construct the Improvements on the Premises and/or to locate Tangible Personal Property on the Premises, but said action are conditions precedent to tax abatement pursuant to this Agreement. CONSTRUCTION OF IMPROVEMENTS 11. As a condition precedent to the initiation of tax abatement pursuant to this Agreement, Owner will diligently and faithfully, in good and workmanlike manner, and pursue the completion of the contemplated Improvements on or before December 31, 2000, 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); provided, that Owner shall have such additional time to complete and maintain the Improvements as may be required in the event of "Force Majeure," if Owner is diligently and faithfully pursuing completion of the Improvements. For this purpose, "Force Majeure" shall mean any contingency or cause beyond the reasonable control of Owner 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 Owner), fires, explosions or floods, strikes, slowdowns or work stoppages. 12. Owner agrees to maintain the Improvements during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations. Owner agrees that the Improvements shall be used only as a computer data center/office facility for a period of five (5) years commencing on the date a certificate of occupancy is issued for the Improvements. 13. The City, its agents and employees shall have the right of access to the Premises during construction to inspect the Improvements at reasonable times and with reasonable notice to Owner, and in accordance with Owner's visitor access and security policies, 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). GENERAL REQUIREMENTS 14. Construction plans for the Improvements constructed on the Premises will be filed with the City, which shah be deemed to be incorporated by reference herein and made a part hereof for all purposes. 15. After completion of the Improvements, Owner shall certify in writing to the City the construction cost of the Improvements. Owner shall also annually certify to the City that it is in compliance with each term of the Agreement. TAX ABATEMENT AGREEMENT - Page 4 33906 16. The Premises and the Improvements constructed thereon at all times shall be used in the manner (i) that is consistent with the City' s Comprehensive Zoning Ordinance, as amended, and (ii) that, during the period taxes are abated hereunder, is consistent with the general purposes of encouraging development or redevelopment within the Zone. 17. Owner or an affiliate of Owner agrees to continuously occupy the Premises and to continuously operate, maintain and use the Premises for a computer data center/office or other similar use for a period of five (5) consecutive years commencing on the date a certificate of occupancy is issued for Owner' s use of the Premises. CITY WEB SITE 18. Owner without cost to City agrees to host, maintain, service and update the City's official web site to the reasonable satisfaction of the City during the term of this Agreement as described herein. Owner shall update the City' s official web site on a monthly basis as needed, such monthly updates to be completed in accordance with reasonable priority and time periods established by the City. Owner shall conduct a design and technical review of the City's official web site on an annual basis and meet with City representatives to discuss the review and any recommendations. DEFAULT: RECAPTURE OF TAX REVENUE 19. In the event Owner fails in performance of any of the following conditions: (i) completion of the Improvements in accordance with this Agreement or in accordance with applicable State or local laws, codes or regulations; (ii) payment of ad valorem or State sales taxes owed to the City with respect to the Premises (provided Owner retains its fight to timely and properly protest such taxes or assessment); (iii) upon the occurrence of any "Event of Bankruptcy or Insolvency"; or (iv) breaches any of the terms and conditions of this 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, Owner shall, within thirty (30) days after demand, pay to the City all taxes which otherwise would have been paid to the City without benefit of a tax abatement with interest at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code as amended but without penalty. The parties acknowledge that actual damages in the event of default termination would be speculative and difficult to determine. The parties further agree that any property tax revenue lost, including interest as a result of this Agreement, shall be recoverable against Owner, its successors and assigns and shall constitute a tax lien on the Premises and shall become due, owing and shall be paid to the City within thirty (30) days after termination. 20. Upon breach by Owner of any obligations under this Agreement, the City shall notify Owner in writing. Owner shall have thirty (30) days from receipt of the notice in which to cure any such default. If the default cannot reasonably be cured within a thirty (30) day period, and Owner has diligently pursued such remedies as shall be reasonably necessary to cure such defauk, then the City may extend the period in which the violation must be cured. TAX ABATEMENT AGREEMENT- Page 5 33906 21. If Owner fails to cure the default within the time provided as specified above or, as such time period may be extended, then the City at its sole option shall have the right to terminate this Agreement by written notice to Owner. 22. 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 sixty (60) days after a notice of termination is made. 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 tax revenue abated for the purposes of the Agreement shall be based upon the full Taxable Value without tax abatement for the years in which tax abatement hereunder was received by Owner with respect to the Premises 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 sixty (60) day payment period. ANNUAL APPLICATION FOR TAX EXEMPTION; RENDITION 23. It shall be the responsibility of Owner, pursuant to the Tax Code, to file an annual exemption application form with the Chief Appraiser for each Appraisal District in which the eligible taxable property has silos. A copy of the exemption application shall be submitted to the City. 24. Owner shall annually render the values of the Premises and the Tangible Personal Property to the Appraisal District and provide a copy of the same to the City. SUCCESSORS AND ASSIGNS 25. This Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and assigns. This Agreement may be assigned with the consent of the City. After any permitted assignment, all references to Owner herein shall thereafter be a reference to Owner's successor with respect to any obligations or liabilities occurring or arising after the date of such assignment. NOTICE 26. 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 Owner, to: Attn: PSinet, Inc. TAX ABATEMENT AGREEMENT - Page 6 33906 If intended for City, to: Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 CITY COUNCIL AUTHORIZATION 27. This Agreement was authorized by resolution of the City Council approved by its Council meeting authorizing the Mayor to execute this Agreement on behalf of the City. SEVERABILITY 28. In the event any section, sub section, 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. APPLICABLE LAW 29. This Agreement shah be construed under the laws of the State of Texas. Venue for any action under this Agreement shall be the State District Court of Dallas County, Texas. This Agreement is performable in Dallas County, Texas. COUNTERPARTS 30. This Agreement may be executed in any number ofcounterpaxts, each of which shall be deemed an original and constitute one and the same instrument. ENTIRE AGREEMENT 31. 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 paxties to be attached to and made a part of this Agreement. CONVENANTS RUNNING WITH THE PREMISES 32. The provisions of this Agreement are hereby declared covenants running with the Premises and are fully binding on all successors, heirs, and assigns of Owner who acquire any right, title, or interest in or to the Premises, or any part thereof. Any person who acquires any right, title, or interest in or to the Premises, or any part hereof, thereby agrees and covenants to abide by and fully perform the provisions of this Agreement with respect to the right, title or interest in such Premises. TAX ABATEMENT AGREEMENT- Page 7 33906 RECORDATION OF AGREEMENT 33. A certified copy of this Agreement shall be recorded in the Deed Records of Dallas County, Texas. INCORPORATION OF RECITALS 34. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. EXHIBITS 35. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. EXECUTED in duplicate originals this the __ day of ,2000. CITY OF COPPELL, TEXAS By: CANDY SHEEHAN, MAYOR ATTEST: By: LIBBY BALL, CITY SECRETARY TAX ABATEMENT AGREEMENT - Page 8 33906 EXECUTED in duplicate originals this the__ day of DRAFT May 24. 2000May CITY OF COPPELL, By: __ SHEEHAN, MAYOR AGREED AS [~ By: LIBBY BALL, CITY SECRETARY By: SMITH, CITY ATTORNEY EXECUTED in duplicate originals this the |-~l day of ,~-/.. 2000. PSINET PSINet REALTY INC. TAX ABATEMENT AGREEMENT - Page 9 33906 CITY' S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the __ day of 2000, by Candy Sheehan, Mayor of the City of Coppell, Texas, a Texas municipality, on behalf said municipality. My Commission Expires: Notary Public, State of Texas TAX ABATEMENT AGREEMENT - Page 10 33906 DRAFT May 24. 2000May 23, 2000 STATE OF ~ COUNTY OF/~,,J-a-,~ OWNER'S ACKNOWLEDGMENT This instrument was acknowledged before me on the/~r~ day 2000, by/5~q ~/~ t~ Po~,,~t- being the ~/t'o teE~. t',~rnrt',~ C'9o~,rr of PSINot PSIne~ Realty Inc., on behalf of said corporation. My Commission Expires: My Commission Expires FebmaW 29, 2004 Notary Public, State of ~ ' ' ' TAX ABATEMENT AGREEMENT - Page Description, of a 6.527 acre tract of lz~isitua~ed.in the Cotdelia 9~wen So=ray, ~s~rac~ No. SS, Dallas Co~mty, Texas; said tract being pa~ of ~he~rorc~hl&ke ~35 ~in~ss P~rk, ~Ad~ion ~o ~e City o~ Coppe~l, ~e~ according ~o ~e ~i~l ~ recorded in volume 650S~, P~e 335e ~ ~he Deed Re~ords O~D~ Co~y, T~sS Said c~cc be~n~ ~ o~ ~ 2, BZock B, ~o~h~e 635 Buslna== ~k, ~n~di~on ~ the CiCF o~ Coppe~, T~s accocd~ Co the Minor P~3C recozded tn Volume 98~93, P3ge 30 o~ ~he Dee~ Rec~:d~ ~ ~s C~uncy, Tex~; sa~d ~acc be~n~ ~'o~ ~he s~m~ c~aa~ d~c~ibe~ ~n S~ec~a~ Wa:Fzn~y Deed ~o ACLP Xo~h~e L.P., recorded in volume ~8Q~4. pa~e 4S~O o~ ~he Dee~ geco~d~ o~ Da~z~ County, T~s; s~d ~.S27 ac~ ~:ac~ bein~ ~re particularly descried as follower BEGINNING ac a 1/2-inch iron rod found a~ ~he Eas~ end of a corn.e~ clip a~ the intersec~i~n of ~he Southwes~ right-of-way line of Lake.bore Drive {a 60 foo~ ~lde right-of-way] and the Southeast right-of-way line of Cresteid~ Drive (a 60 fooc gide right-of-why); said point bein~ the most Easterly Nor=beast corner oE ~he said L~t ~ THENCE South 36 de~rees 36 minu~es 53 seconds taste &long ~he said Souchwee~ line o= Lak~shorc Drive. ~ distance of 154.24 ~c~t to a 1/2-inch iron rod ~ound; said poin~ baits hhe Beginning of"l'~urve =o uhe left whose cen~er heart Notch S~ ~e[rees 21 mlnu=e~ 07 ~econd= East, a diztance of 380.00 fee= from saidpoinn~ THENCE Southeasterl~. con=inuin~ along ~he'said southwest line of Lakeshore Drive.and said curve =o the left, ~hrough a ~en~ral angle~of. ZS'degre~= 1~ minU~S,2L S~conds. an arc dis=ante of 167.50 fee=. on a chord bear~hg and distance o~ Sough'a9 degrees 14 minutes 3~ seconds Bast. 166.15 Zee: to a 1/2-~nch iron rod found; said po&n~ being ~.~e North comer of Lo~ 1, Block ~, Nor~-hlake 63S B~zinese. P~rk. a~ ~utdlu~on =o che City o~ Coppall, Texas according =o =he Ffnal ~lac recorded in volume 9800S, Pa~e ~11 o~ the Deed Record= o~ DElla= Coun~, Te~a=; TEeS Sou~h 39 aeSrcez 21 minutes ~4 =econds west del~arting the said Southwest line of Lz~e~hore Drive ~nd along a Northwest line of =he said Lot 1. a distance of 251.75 feet co a 1/2-inch iron rod Eouna an an angle point: THENCE North 89 degrees 38 minutes 29 seconds ~est along a North line oE Ch= said 1. a distance of 9~.a4 fee= ~o a 1/2-inch iron rod found ~c the Norchves~ corner of ~he sad Lot 1; said poin~ bein~ ~he Northeast corner of the remainde= of ~he Hattie Mac Lesley =race'is'described in d~ed'reco~ded January' 24,.1~58~ THENCB South 89 degrees 50 m~nutes 52 seconds ~est along the North llne of =ha said Leelay ~ract. a distance o~ 704.00 fee~ to a 1/2-inch iron rod with .~acheco Koch" cap sen for corneT: said point being nho Southeast corner of Lot 2. Block D, Northlake 63S Business Park. an Addition to =he Ci~y oE CoOpell, Texas according =o the Final ~la: recorded in Volume 87110. Page 1874 of =~e Dee~ Records of Dallas C~un=y, Texas~ THS~CE Nornh 00 degrees 30 minu~es O0 seconds EasE, departing the said North line ~he nesle~ ~rac~ n-d along ~he East line o~ :he said Lo~ ~. Block D, a d/stance 312.42 f~e= no a 1/l-inch iron rod ~inh "Po~ll & Powe11. cap found a~ an angle T~CE North 16 degrees 48 minutes 0S seconds Easu. con~inuln~ along the said East line of Lou ~, 9lock D, a d~s=ance of 30.69 fee~ to a 1/2-inch iron Sod with .Powe11 & ~nlIBIT DESCRIPTION pewell." cap fou~a for corner; said point being'in the So~Uh line of she said C=estside ~rive; said poin: bein~ ~he Be~nning of a non~a~Se~ cUrv~ no ~he lefu w~e c~ex bears ~or=h 29 ~gr~es 26 m~nu~ee 21 =econds Eas~, ~ distance cE 380.00' ~eec' =r~ said ~ SouUheasterly, alcn~ the said south lin~ of Crestside Drive ~ sa~d ~e ~o =he lef~, ~ough a c~ral ~gle of 28 deC-see 5~ minu~es 21 secc~s, an arc ~==~e of 1~1.93 fee= on a chord~arin~ ~d dis=ance of Sou=h 75 degrees 01 minu~es 49 secon~ Eas~, 189.90 fee= =~ a l/2-in~ i=on zod fo~d a~ ~he ~d of said cu~e; ~CE Sou~h e9 degrees 30 m~nu=es 00'seconds Xas~, conu~nuing along ~e s~d Scu~ line of Cre=u~i~ ~ive, a ~~e of 206.~0 =eec =O a 1/2-inch iz~ rod f~d;.said po~t being ~e Begi~g og ~ cu~ uo nhe lefn whose cen~er bear: Noruh 0O de~ees 30 minuces Q0 seco~s Eas~, a dis~ce of 380.00 fee~ from said point; T~CE Northeasterly, con=lnuing ~ong =h~ said Sou:h llne of Cre=~side Drive ~d said curve ~o ~he lair. :~ough a central ~gle of 37 degree= 06 minu~es SS second. ~ ~c dist~ce of 246.16 ~ee=jcn~ chord bearing ~d discanoe of Nor=h 71. d~gree= S6 ~nu~es 32 seco~s Ea~=, 241.8~ ~een =o a 1/J-inch iron rod =o~d a~ =he ~d 8~ said c~e~ T~NCE NorUh 53 deStees 23 mlnu~es 07 seconds Be=:, along =~' said Sou~h line of Crests~de Drive a dis6~z of 109.67 fee~ ~o 2 l/2-inch iron.rod fo~[.~aid. poln~ being ~he Wex~ end of uhe said coner clip ac =h~ innersection of =he So6~hwes~ right-of-way liu of Lak~shor~ Drive ~ ~he Sourheas= ri~hn-of-way line c: Crcsnside Drive: THENCE South 81 degrees 3g mlnuces S3 seconds East. along she said corner clip, ~ distance of 21.21 feet no =he Poin: of Beginning; Ccn=aining. 284.334 square =ee= or 6.527 acres of 1arid, more or less. NOTE: COMPANY DOES NOT REPRESSNT THAT THE ABOVE ACREAGE AND/OR SQUARE FOOTA~E CALCULATIONS ARE CORRECT. "e ~ 4~ CITY~ ° COUNCIL MEETING: December 12, 2000 ITEM ITEM CAPTION: Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Lincoln P O Coppell III, Limited Partnership, and authorizing the Mayor to sign. SUBMITrED BY: Gary Sieb TITLE: Director of Planning STAFF COMMENTS: City council conducted a public hearing regarding the reinvestment zone on November 14, 2000 and approved by Ordinance with 7-0 vote. designation of the BUDGET AMT. $ FINANCIAL COMMENTS: AMT. EST. $ DLRLTZLV oS=_ FrN. P WF, W: - 00 +\-BID $ CITY : MANAGER REV Document Name: $LincTax.doc 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 LINCOLN P O COPPELL lII, LIMITED PARTNERSHIP; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WB'F~REAS, the City Council has been presented a proposed Tax Abatement Agreement by and among the City of Coppell, Texas and Lincoln P O Coppell Ill Limited Partnership, 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 City Council finds that the improvements proposed to be built upon the Premises described in the Agreement will enhance the economic vitality of the community through a combination of new capital investment, increased sales tax revenues, and the creation of additional job opportunities. SECTION 3. The tax inventory, and supplies. SECTION 4. The improvements proposed for abatement guidelines of the City of Coppell, Texas. abatement to be granted by the Agreement will not include the Premises will accomplish the tax 1 36684 SECTION 5. The City Manager delivered to the presiding officer of the governing body of each taxing unit in which the property subject to the Agreement is located, a written notice that the City of Coppell, Texas, intends to enter into the Agreement. The notice given by the City Manager included a copy of the Agreement approved by this Resolution. SECTION 6. This Resolution and the Tax Abatement Agreement are hereby approved by the affirmative vote of the majority of the members of the City Council of the City of Coppell, Texas, at a regularly scheduled meeting of the City Council. SECTION 7. This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the __ day of ,2000. CITY OF COPPELL, TEXAS CANDY SHEEHAN, MAYOR ATTEST: (PGS/ttl 12/01/00) LIBBY BALL, CITY SECRETLY 2 36684 STATE OF TEXAS § COUNTY OF DALLAS § TAX ABATEMENT AGREEMENT This Tax Abatement Agreement (the "Agreement") is entered into by and between the City of Coppell, Texas (the "City"), duly acting herein by and through its Mayor, and Lincoln P O Coppe!l III Limited Partnership ("Owner"), acting by and through its authorized officer. WITNESSETH: WHEREAS, the City Council of the City of Coppell, Texas, (the "City"), passed an Ordinance (the "Ordinance") establishing Tax Abatement Reinvestment Zone No. 29 (the "Zone"), for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 3 12 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 goveming 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' 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), the contemplated improvements to the Premises thereto in the amount set forth in this Agreement, and the other terms hereof are consistent with encouraging development of the Zone in accordance with the purposes for its creation and/or in compliance with the Tax Abatement Guidelines, the Ordinance adopted by the City, the Tax Code and all other applicable laws; and WHEREAS, the City Council finds that the improvements sought are feasible and practicable and would be of benefit to the Premises (hereinafter defined) 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 goveming bodies of each of the taxing units in which the Premises is located; and TAX ABATEMENT AGREEMENT - Page 1 36682 WHEREAS, the City desires to enter into an agreement with Owner, the proposed owner of the Premises within the Tax Abatement Reinvestment Zone for the abatement of taxes pursuant to Chapter 312 of the Tax Code as mended; NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for good and other valuable consideration, the adequacy and receipt of which is hereby acknowledged, including the expansion of primary employment, the attraction of major investment in the Zone, which contributes to the economic development of Coppell and the enhancement of the tax base in the City, the parties agree as follows: GENERAL PROVISIONS 1. Owner is the owner of the real property described in Exhibit "A" attached hereto and made a part hereof for all purposes (the "Premises" hereinafter defmed), which real property is located within the city limits of the City and within the Zone. 2. The Premises are not in an improvement project financed by tax increment bonds. 3. This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. 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. TAX ABATEMENT AUTHORIZED 5. This Agreement is authorized by the Tax Code and in accordance with the City Tax Abatement Guidelines and Criteria, and approved by resolution of the City Council of the City authorizing the execution of this Agreement. 6. Subject to the terms and conditions of this Agreement, and provided the Taxable Value for the Improvements is at least Five Million Five Hundred Thousand Dollars ($5,500,000) as of January 1 of the First Year of Abatement and as of January 1 of each year thereat~er this Agreement is in effect, the City hereby grants Owner an abatement of seventy-five percent (75%) of the Taxable Value of the Improvements for a period of five (5) consecutive years. 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 for the Improvements, the year in which this Agreement is executed (base year/2000). 7. The period of tax abatement herein authorized shall be for a period of five (5) years. TAX ABATEMENT AGREEMENT - Page 2 36682 8. During the period of tax abatement herein authorized, Owner shall be subject to all City taxation not abated, including but not limited to, sales tax and ad valorem taxation on land, inventory and supplies. DEFINITIONS 9. Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: A. The "Base Year Taxable Value" shall mean the total assessed taxable value for the Premises for the year in which the Tax Abatement Agreement is executed (2000). B. An "Event of Bankruptcy or Insolvency" shall mean the dissolution or termination of Owner's existence as a going business, insolvency, appointment of receiver for any part of Owner'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 Owner and such proceeding is not dismissed within ninety (90) days after the filing thereof. C. The "First Year of Abatement" shall mean January 1,2001. D. "Force Majeure" shall mean any contingency or cause beyond the reasonable control of Owner 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 Owner), fires, explosions or floods, strikes, slowdowns or work stoppages. E. The "Improvements" shall mean the contemplated improvements to be constructed on the Premises and as further described herein. F. The "Premises" shall mean the real property described in Exhibit "A" attached hereto and incorporated herein for all purposes including any improvements but excluding Tangible Personal Property which is added thereto subsequent to the execution of this Agreement; G. "Taxable Value" means the appraised value as certified by the Appraisal District as of January 1 of a given year. IMPROVEMENTS 10. Owner owns the real property described in Exhibit "A" and agrees to construct or cause to be constructed thereon a one (1) story office/warehouse building containing 115,200 square feet (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) (the "Improvements"). The cost of the Improvements excluding the land shall be TAX ABATEMENT AGREEMENT ~ Page 3 36682 at least Five Million Five Hundred Thousand Dollars ($5,500,000). Nothing in this Agreement shall obligate Owner to construct the Improvements on the Premises, but said action is a condition precedent to tax abatement pursuant to this Agreement. CONSTRUCTION OF IMPROVEMENTS 11. As a condition precedent to the initiation of tax abatement pursuant to this Agreement, Owner will diligently and faithfifty, in good and workmanlike manner, and pursue the completion of the contemplated Improvements on or before December 31, 2001, 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); provided, that Owner shall have such additional time to complete and maintain the Improvements as may be required in the event of "Force Majeure," if Owner is diligently and faithfully pursuing completion of the Improvements. 12. Owner agrees to maintain the Improvements during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations. Owner agrees that the Improvements shall be used only as an office/warehouse building for a period of five (5) years commencing on the date a certificate of occupancy is issued for the Improvements. 13. The City, its agents and employees shall have the right of access to the Premises during construction to inspect the Improvements at reasonable times and with reasonable notice to Owner, and in accordance with Owner's visitor access and security policies, 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). GENERAL REQUIREMENTS 14. Construction plans for the Improvements constructed on the Premises will be filed with the City, which shall be deemed to be incorporated by reference herein and made a part hereof for all purposes. 15. After completion of the Improvements, Owner shall certify in writing to the City the construction cost of the Improvements. Owner shall also annually certify to the City that it is in compliance with each term of the Agreement. 16. The Premises and the Improvements constructed thereon at all times shall be used in the manner (i) that is consistent with the City's Comprehensive Zoning Ordinance, as mended, and (ii) that, during the period taxes are abated hereunder, is consistent with the general purposes of encouraging development or redevelopment within the Zone. 17. Owner agrees to provide to the tenants of the Premises, the benefit of the abatement of real property taxes granted herein. Owner shall, upon written request, provide the City with satisfactory evidence that the benefits of this Agreement have been provided to the tenants of the Premises. TAX ABATEMENT AGREEMENT - Page 4 36682 DEFAULT: RECAPTURE OF TAX REVENUE 18. In the event Owner: (i) fails to complete the Improvements in accordance with this Agreement or in accordance with applicable State or local laws, codes or regulations; (ii) has delinquent ad valorem or State sales taxes owed to the City with respect to the Premises (provided Owner retains its right to timely and properly protest such taxes or assessment); (iii) has any "Event of Bankruptcy or Insolvency"; or (iv) breaches any of the terms and conditions of this 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, Owner shall, within thirty (30) days after demand, pay to the City all taxes which otherwise would have been paid to the City without benefit of a tax abatement with interest at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code as amended but without penalty. The parties acknowledge that actual damages in the event of default termination would be speculative and difficult to determine. The parties further agree that any property tax revenue lost, including interest as a result of this Agreement, shall be recoverable against Owner, its successors and assigns and shall constitute a tax lien on the Premises and shall become due, owing and shall be paid to the City within thirty (30) days after termination. 19. Upon breach by Owner of any obligations under this Agreement, the City shall notify Owner in writing. Owner shall have thirty (30) days from receipt of the notice in which to cure any such default. If the default cannot reasonably be cured within a thirty (30) day period, and Owner has diligently pursued such remedies as shall be reasonably necessary to cure such default, then the City shall extend the period in which the violation must be cured for a reasonable period of time not to exceed thirty (30) days to enable Owner to cure the default. 20. If Owner fails to cure the default within the time provided as specified above or, as such time period may be extended, then the City at its sole option shall have the right to terminate this Agreement by written notice to Owner. 21. 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 sixty (60) days after a notice of termination is made. 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 tax revenue abated for the purposes of the Agreement shall be based upon the full Taxable Value without tax abatement for the years in which tax abatement hereunder was received by Owner with respect to the Premises 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 sixty (60) day payment period. ANNUAL APPLICATION FOR TAX EXEMPTION; RENDITION 22. It shall be the responsibility of Owner, pursuant to the Tax Code, to file an annual exemption application form with the Chief Appraiser for each Appraisal District in which the TAX ABATEMENT AGREEMENT - Page 5 36682 eligible taxable property has sims. A copy of the exemption application shall be submitted to the City. SUCCESSORS AND ASSIGNS 23. This Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and assigns. This Agreement may be assigned with the consent of the City Manager. After any permitted assignment, all references to Owner herein shall thereafter be a reference to Owner's successor with respect to any obligations or liabilities occurring or arising after the date of such assignment. NOTICE 24. 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 mall, postage prepaid, or by hand or ovemight delivery: If intended for Owner, to: Atm: Thomas H. Kuhlmann Lincoln P O Coppell III Limited Partnership 3300 Lincoln Plaza 500 N. Akard Street Dallas, Texas 75201 If intended for City, to: Atm: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 With copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 CITY COUNCIL AUTHORIZATION 25. This Agreement was authorized by resolution of the City Council appmved by its Council meeting authorizing the Mayor to execute this Agreement on behalf of the City. TAX ABATEMENT AGREEMENT ~ Page 6 36682 SEVERABILITY 26. 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. APPLICABLE LAW 27. This Agreement shall be construed under the laws of the State of Texas. Venue for any action under this Agreement shall be the State District Court of Dallas County, Texas. This Agreement is performable in Dallas County, Texas. COUNTERPARTS 29. 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. ENTIRE AGREEMENT 29. 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. CONVENANTS RUNNING WITH THE PREMISES 30. The provisions of this Agreement are hereby declared covenants running with the Premises and are fully binding on all successors, heirs, and assigns of Owner who acquire any fight, title, or interest in or to the Premises, or any part thereof. Any person who acquires any fight, rifle, or interest in or to the Premises, or any part hereof, thereby agrees and covenants to abide by and fully perform the provisions of this Agreement with respect to the right, title or interest in such Premises. RECORDATION OF AGREEMENT 31. A certified copy of this Agreement shall be recorded in the Deed Records of Dallas County, Texas. INCORPORATION OF RECITALS 32. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. TAX ABATEMENT AGREEMENT - Page 7 36682 EXHIBITS 33. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. EXECUTED in duplicate originals this the ~ day of ,2000. CITY OF COPPELL, TEXAS By: CANDY SHEEHAN, MAYOR ATTEST: By: AGREED AS TO FORM: PETER G. SMITH, CITY ATTORNEY LIBBY BALL, CITY SECRETARY LINCOLN P O COPPELL HI LI~TED P~T~~, a Delaware ~mit~ pamenhip By: L~coh-Cop~ll III, Ltd., a Tex~ ~md p~ers~p, gener~ p~er By: L~coh GP Coppell III, Inc., a Tex~ co~m~on, gener~ p~em~p By: ~H~ ~, Vice Pres~d~.t. TAX ABATEMENT AGREEMENT - Page 8 36682 CITY'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the __ day of , 2000, by Candy Sheehan, Mayor of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. My Commission Expires: Notary Public, State of Texas TAX ABATEMENT AGREEMENT - Page 9 36682 OWNER'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the X~_T day of~C~Lt~P~, 2000, by Thomas H. Kuhlman, being the Vice President of Lincoln GP Coppell III, Inc., a Texas corporation, general partner of Lincoln-Coppell III, Ltd., a Texas limited partnership, general partner of Lincoln Coppell P O III Limited Partnership, a Delaware limited partnership, on behalf of said partnership. YVONIie'I~js~ NOTARY PU M?y'eiifi~T~ilbn Expires: Notary Public, State of Texas I,Q-.,,,O.D.~CO L TAX ABATEMENT AGREEMENT - Page 10 36682 BEING a tract of land situated in =he CORDELIABOWEN SURVEY, Abstract No. 56, and being all of that tract of land described in deed to Stanley Davidow as recorded in Volume 96142, Page 6377, Deed Records, Dallas County, Texas (D.R.D.C.T.), and being more particularly described as follows: BEGINNING at a 1/2-inch set iron rod with a cap stamped-'HalffA-~soc. Inc." at the most northerly point on a comer clip at the intersection of the south line of Wrangler Drive, formerly known as Cowboy Drive, (60 foot right-of-way) and the east line Crestside Drive (60 foot riEht-of-way); THENCE North 89 deEtees 59 minutes 35 seconds East, alon~-said south line of Wrangler Drive a distance of 610.03 feet, to a 1/2-inch set iron rod with "Halff" cap for comer; THENCE South 44 deEtees 45 minutes 12 seconds East, continuing along said south line a distance of 21.12 feet, to a 1/2-inch found iron rod in the west line of Lakeshore Drive (60 foot right-of-way) for comer; THENCE South O0 degrees 30 minutes O0 seconds West, departing said south line and along said west line of lakeshore Drive a distance of 677.24 feet, to a 1/2-inch set iron rod with "Halff' cap for comer at the northeast comer of a tract of land described in deed to Elizabeth H. Orr as recorded in Volume 94195, Page 1630, D.R.D.C.T.; THENCE North 89 degrees 30 minutes 00 seconds West, departing said west line and along the north line of said Orr tract, a distance of 320.00 feet, to a 5/8-inch found iron rod for the northwest comer of said err tract, said comer lying on the east line of Essex Wire Addition, an addition to the City of Coppell, Texas as recorded in Volume 87189, Page 3370, D.R.D.C.T.; THENCE North O0 deEtees 30 minutes 00 seconds East, departing said north line and along the east line of said Essex Wire Addition, a distance of 206.13, to an "X" found in concrete for the no;rheas= comer of said Essex Addition; THENCE North 89 degrees 30 minutes 00 seconds West, departing said east line and along the north line of said Essex Addition a distance of 320.00 feet, to a 1/2-inch found iron rod for comer, said comer lying on the aforementioned east line of said Crestside Drive; THENCE North O0 degrees 30 minutes O0 seconds East, departing said north line and along said east line, a distance of 465.44 feet, to a 1/2-inch set iron rod with "Halff" cap for comer; THENCE North 45 degrees 14 minutes 48 seconds East, continuing alonE said east line a distance of 21.31 feet to the POINT OF BEGINNING AND CONTAINING 375,031 square feet or 8.609 acres of land, more or less. '~e~ ~ -~ CiTya~COUNCIL MEETING: December 12, 2000 ITEM ITEM CAPTION: Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Catellus Development Corporation, a Delaware Corporation, and authorizing the Mayor to sign. SUBMITTED BY: Gary Sieb TITLE: Director of Planning STAFF COMMENTS: City council conducted a public hearing regarding the reinvestment zone on November 14, 2000 and approved by Ordinance with a 7-0 vote. designation of the BUDGET AMT. $ FINANCIAL COMMENTS: ~. ~~,: 7g~, Agenda Request Form - Revised 5/00 AMT. EST. $ +X-BID $ FIN. REVIEW: CITY MANAGER REVIEW: Document Name: $CatRes. Doc \. \\ 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 CATELLUS DEVELOPMENT CORPORATION; 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 among the City of Coppell, Texas and Catellus Development Corporation, 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 City Council finds that the improvements proposed to be built upon the Premises described in the Agreement will enhance the economic vitality of the community through a combination of new capital investment, increased sales tax revenues, and the creation of additional job opportunities. SECTION 3. The tax abatement to be granted by the Agreement will not include inventory, and supplies. SECTION 4. The improvements proposed for the Premises will accomplish the tax abatement guidelines of the City of Coppell, Texas. 36685 SECTION 5. The City Manager delivered to the presiding officer of the governing body of each taxing unit in which the property subject to the Agreement is located, a written notice that the City of Coppell, Texas, intends to enter into the Agreement. The notice given by the City Manager included a copy of the Agreement approved by this Resolution. SECTION 6. This Resolution and the Tax Abatement Agreement are hereby approved by the affirmative vote of the majority of the members of the City Council of the City of Coppell, Texas, at a regularly scheduled meeting of the City Council. SECTION 7. This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the __ day of ,2000. CITY OF COPPELL, TEXAS CANDY SHEEHAN, MAYOR ATTEST: R~PROV ET. TTPROV T, F : ORNEY (PGS/ttl 10/19/00) LIBBY BALL, CITY SECRETARY 2 36685 STATE OF TEXAS § COUNTY OF DALLAS § TAX ABATEMENT AGREEMENT This Tax Abatement Agreement (the "Agreement") is entered into by and between the City of Coppell, Texas (the "City"), duly acting herein by and through its Mayor, and Catellus Development Corporation, a Delaware corporation ("Owner"), acting by and through its authorized officer. WITNESSETH: WHEREAS, the City Council of the City of Coppell, Texas, (the "City"), passed an Ordinance (the "Ordinance") establishing Tax Abatement Reinvestment Zone No. 28 (the "Zone"), for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 3 12 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'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), the contemplated improvements to the Premises thereto in the amount set forth in this Agreement, and the other terms hereof are consistent with encouraging development of the Zone in accordance with the purposes for its creation and/or in compliance with the Tax Abatement Guidelines, the Ordinance adopted by the City, the Tax Code and all other applicable laws; and WHEREAS, the City Council finds that the improvements sought are feasible and practicable and would be of benefit to the Premises Oaereinafter defined) to be included in the Zone and to the City after expiration of this Agreement; and TAX ABATEMENT AGREEMENT - Page 1 36233 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 traits in which the Premises is located; and WHEREAS, the City desires to enter into an agreement with Owner, the proposed owner of the Premises within the Tax Abatement Reinvestment Zone for the abatement of taxes pursuant to Chapter 3 12 of the Tax Code as mended; NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for good and other valuable consideration, the adequacy and receipt of which is hereby acknowledged, including the expansion of primary employment, the attraction of major investment in the Zone, which contributes to the economic development of Coppell and the enhancement of the tax base in the City, the parties agree as follows: GENERAL PROVISIONS 1. Owner is the owner of the real property described in Exhibit "A" attached hereto and made a part hereof for all purposes (the "Premises" hereinafter defined), which real property is located within the city limits of the City and within the Zone. 2. The Premises are not in an improvement project financed by tax increment bonds. 3. This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. 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. TAX ABATEMENT AUTHORIZED 5. This Agreement is authorized by the Tax Code and in accordance with the City Tax Abatement Guidelines and Criteria, and approved by resolution of the City Council of the City authorizing the execution of this Agreement. 6. Subject to the terms and conditions of this Agreement, and provided the Taxable Value for the Improvements is at least Seven Million Dollars ($7,000,000) as of January 1 of the First Year of Abatement and as of January 1 of each year thereafter this Agreement is in effect, the City hereby grants Owner an abatement of seventy-five percent (75%) of the Taxable Value of the Improvements for a period of five (5) consecutive years. 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 for the Improvements, the year in which this Agreement is executed (base year/2000). 7. The period of tax abatement herein authorized shall be for a period of five (5) years with such five (5) year period commencing on the First Year of Abatement. TAX ABATEMENT AGREEMENT - Page 2 36233 8. During the period of tax abatement herein authorized, Owner shall be subject to all City taxation not abated, including but not limited to, sales tax and ad valorem taxation on land, inventory and supplies. DEFINITIONS 9. Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: A. The "Base Year Taxable Value" shall mean the total assessed taxable value for the Premises for the year in which the Tax Abatement Agreement is executed (2000). B. An "Event of Bankruptcy or Insolvency" shall mean the dissolution or termination of Owner's existence as a going business, insolvency, appointment of receiver for any part of Owner'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 Owner and such proceeding is not dismissed within ninety (90) days after the filing thereof. C. The "First Year of Abatement" shall mean January 1 of the calendar year immediately following the issuance of a certificate of occupancy for the Improvements. D. "Force Majeure" shall mean any contingency or cause beyond the reasonable control of Owner including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, adverse weather, govemment or de facto governmental action (unless caused by acts or omissions of Owner), fires, explosions or floods, strikes, slowdowns or work stoppages. E. The "Improvements" shall mean the contemplated improvements to be constructed on the Premises and as furLher described herein. F. The "Premises" shall mean the real property described in Exhibit "A" attached hereto and incorporated herein for all purposes including any improvements but excluding Tangible Personal Property which is added thereto subsequent to the execution of this Agreement; G. "Taxable Value" means the appraised value as certified by the Appraisal District as of January 1 of a given year. IMPROVEMENTS 10. Owner owns the real property described in Exhibit "A" and agrees to construct or cause to be constructed thereon certain a two (2) story office building containing 100,000 square feet (and other ancillary facilities such as reasonably required parking and landscaping more fully TAX ABATEMENT AGREEMENT - Page 3 36233 described in the submittals filed by Owner with the City from time to time in order to obtain a building permit) (the "Improvements"). The cost of the Improvements excluding the land shall be at least Seven Million Dollars ($7,000,000). Nothing in this Agreement shall obligate Owner to construct the Improvements on the Premises, but said action is a condition precedent to tax abatement pursuant to this Agreement. CONSTRUCTION OF IMPROVEMENTS 11. As a condition precedent to the initiation of tax abatement pursuant to this Agreement, Owner will diligently and faithfi~ly, in good and workmanlike manner, and pursue the completion of the contemplated Improvements on or before December 31, 2002, 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); provided, that Owner shall have such additional time to complete and maintain the Improvements as may be required in the event of "Force Majeure," if Owner is diligently and faithfully pursuing completion of the Improvements. 12. Owner agrees to maintain the Improvements during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations. Owner agrees that the Improvements shall be used only as an office building for a period of five (5) years commencing on the date a certificate of occupancy is issued for the Improvements. 13. The City, its agents and employees shall have the right of access to the Premises during construction to inspect the Improvements at reasonable times and with reasonable notice to Owner, and in accordance with Owner's visitor access and security policies, 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). GENERAL REQUIREMENTS 14. Construction plans for the Improvements constructed on the Premises will be filed with the City, which shall be deemed to be incorporated by reference herein and made a part hereof for all purposes. 15. After completion of the Improvements, Owner shall certify in writing to the City the construction cost of the Improvements. Owner shall also annually certify to the City that it is in compliance with each term of the Agreement. 16. The Premises and the Improvements constructed thereon at all times shall be used in the manner (i) that is consistent with the City' s Comprehensive Zoning Ordinance, as amended, and (ii) that, during the period taxes are abated hereunder, is consistent with the general purposes of encouraging development or redevelopment within the Zone. 17. Owner agrees to provide to the tenants of the Premises, the benefit of the abatement of real property taxes granted herein. Owner shall, upon written request, provide the City with TAX ABATEMENT AGREEMENT - Page 4 36233 satisfactory evidence that the benefits of this Agreement have been provided to the tenants of the Premises. DEFAULT: RECAPTURE OF TAX REVENUE 18. In the event Owner: (i) fails to complete the Improvements in accordance with this Agreement or in accordance with applicable State or local laws, codes or regulations; (ii) has delinquent ad valorem or State sales taxes owed to the City with respect to the Premises (provided Owner retains its right to timely and properly protest such taxes or assessment); (iii) has any "Event of Bankruptcy or Insolvency"; or (iv) breaches any of the terms and conditions of this 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, Owner shall, within thirty (30) days after demand, pay to the City all taxes which otherwise would have been paid to the City without benefit of a tax abatement with interest at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code as amended but without penalty. The parties acknowledge that actual damages in the event of default termination would be speculative and difficult to determine. The parties further agree that any property tax revenue lost, including interest as a result of this Agreement, shall be recoverable against Owner, its successors and assigns and shall constitute a tax lien on the Premises and shall become due, owing and shall be paid to the City within thirty (30) days after termination. 19. Upon breach by Owner of any obligations under this Agreement, the City shall notify Owner in writing. Owner shall have thirty (30) days fi'om receipt of the notice in which to cure any such default. If the default cannot reasonably be cured within a thirty (30) day period, and 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 violation must be cured. 20. If Owner fails to cure the default within the time provided as specified above or, as such time period may be extended, then the City at its sole option shall have the right to terminate this Agreement by written notice to Owner. 21. 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 sixty (60) days after a notice of termination is made. 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 tax revenue abated for the purposes of the Agreement shall be based upon the full Taxable Value without tax abatement for the years in which tax abatement hereunder was received by Owner with respect to the Premises 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 sixty (60) day payment period. ANNUAL APPLICATION FOR TAX EXEMPTION; RENDITION TAX ABATEMENT AGREEMENT - Page 5 36233 22. It shall be the responsibility of Owner, pursuant to the Tax Code, to file an annual exemption application form with the Chief Appraiser for each Appraisal District in which the eligible taxable property has sims. A copy of the exemption application shall be submitted to the City. SUCCESSORS AND ASSIGNS 23. This Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and assigns. This Agreement may be assigned with the consent of the City Manager. Notwithstanding the foregoing, Owner shall be entitled to assign its rights and obligations under this Agreement to (i) Catellus Commercial Group, LLC, a Delaware limited liability company C'CCG"), a wholly owned subsidiary of Owner, or (ii) any other entity controlled by or under common control with Owner or CCG, or (iii) any entity acquiring all or substantially all of the assets of Owner or CCG, without the consent of any other person or entity, including, without limitation, the City, the Mayor, the City Council or the City Manager. After any permitted assignment, all references to Owner herein shall thereafter be a reference to Owner's successor with respect to any obligations or liabilities occurring or arising after the date of such assignment. NOTICE 24. All notices required by this Agreement shall be addressed to the following, or other such other party or address as either party designates in waiting, by certified mail, postage prepaid, or by hand or ovemight delivery: If intended for Owner, to: Attn: Stephen L. Bryan Catellus Development Corporation 4545 Fuller Drive Suite 100 Irving, Texas 75038 If intended for City, to: Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 With copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 N. Akard TAX ABATEMENT AGREEMENT - Page 6 36233 Dallas, Texas 75201 CITY COUNCIL AUTHORIZATION 25. This Agreement was authorized by resolution of the City Council approved by its Council meeting authorizing the Mayor to execute this Agreement on behalf of the City. SEVERABILITY 26. 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. APPLICABLE LAW 27. This Agreement shall be construed under the laws of the State of Texas. Venue for any action under this Agreement shall be the State District Court of Dallas County, Texas. This Agreement is performable in Dallas County, Texas. COUNTERPARTS 28. 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. ENTIRE AGREEMENT 29. This Agreement embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the poxties 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. CONVENANTS RUNNING WITH THE PREMISES 30. The provisions of this Agreement are hereby declared covenants running with the Premises and are fully binding on all successors, heirs, and assigns of Owner who acquire any right, title, or interest in or to the Premises, or any part thereof. Any person who acquires any right, title, or interest in or to the Premises, or any part hereof, thereby agrees and covenants to abide by and fully perform the provisions of this Agreement with respect to the rig title or interest in such Premises. RECORDATION OF AGREEMENT 31. A certified copy of this Agreement shall be recorded in the Deed Records of Dallas County, Texas. TAX ABATEMENT AGREEMENT - Page 7 36233 INCORPORATION OF RECITALS 32. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. EXI-HBITS 33. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. EXECUTED in duplicate originals this the __ day of ,2000. CITY OF COPPELL, TEXAS By: CANDY SHEEHAN, MAYOR ATTEST: AGREED AS TO FORM: By: By: LIBBY BALL, CITY SECRETARY PE/~TER~ATTORNEy EXECUTED in duplicate originals this the ~r- day of AJO I/ ,2000. CATELLUS DEVELOPMENT CORPORATION Name: Ti~e: TAX ABATEMENT AGREEMENT - Page 8 36233 CITY'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the __ day of 2000, by Candy Sheehan, Mayor of the City of Coppell, Texas, a Texas municipality, on behalf o~ said municipality. My Commission Expires: Notary Public, State of Texas TAX ABATEMENT AGREEMENT - Page 9 36233 OWNER'S ACKNOWLEDGMENT STATE OF COUNTY OF This instrument wa cknowledged before me on the ~ da 2000, by ~h~7~ Cl.b~ being ~e ~i~ ~FC~C~ of Catellus Development Coloration, ;~e coloration, on behalf of said coloration. Notary Public, State of "V-e ~13 My Commission Expires: A. W e. NTO. OTARY PUBLIC TAX ABATEMENT AGREEMENT - Page 10 36233 4:54 PM FR CATELLUS MGMT CORP~ 719 6153 TO 997~3043571 EXHIBIT "A" LEGAL DESCRIFI'ION OF PROPERTY P.08 Whereas, Catellus Development Corporation is the sole owner of · 7.31 ~cm tract of land in the Cordelm Bowen Survey, Al~lract No. 56, Dalla~ County, Texas, and being all of Lot 2, Block C Gateway Business Pam No. il im addition to the Cjty of CopDell, as recorded in Volume 99104, page 00106 of the Plat Recordt of Dallas County. Texas. TOTAL PAGE.OZ ** I ITY~ s ~ COUNCIL MEETING: December 12 2000 ITEM ITEM CAPTION: Consider approval of a variance to Hoodplain Management Ordinance No. 94-639 Article 4, Section C, paragraph 3 which requires offsetting valley storage for development within the floodplain for the development of Townhouses of Coppell, 48 acre site south of Sandy Lake Road and east of MacArthur Blvd., and the City's existing 0.5 million gallon ground storage tank site on Sandy Lake Road. SUBMITTED BY: Kenneth M. Griffin, RE. TITLE: Director of Engineering/Public Works STAFF COMMENTS: See attached memo. BUDGET A_MT. $ FINANCIAL COMMENTS: Agenda Request Form - Revised 5/00 AMT. EST. $ FIN. REVIEW: +X-BID $ ?.,~ , ., CITY MANAGER REVIEW: Document Name: #eng5 1 MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING From: Date: RE: Mayor and City Council Members Kenneth M. Griff'm, P.E., Dir. of Engineering/Public Works December 12, 2000 Consider approval of a variance to Floodplain Management Ordinance No. 94-639 Article 4, Section C, paragraph 3 which requires offsetting valley storage for development within the floodplain for the development of Townhouses of Coppeil, 48 acre site south of Sandy Lake Road and east of MacArthur B!vd., and the City's existing 0.5 million gallon ground storage tank site on Sandy Lake Road. Why a variance reouest? Because new floodplain maps to be adopted in 2001 will remove the properties in question from the floodplain and eliminate the need for valley storage. Now, for the rest of the stoW: For some time now, the Engineering Department has been discussing floodplain issues with potential developers of the proposed Townhouses of Coppoll and the 48-acre triangular tract of land immediately east of the Townhouses of Coppell. Both properties lie generally near the southeast comer of MacArthur and Sandy Lake (see exhibit). Our official Floodplain Map dated April 15, 1994 shows portions of both properties within a 100~year floodplain, i.e. a Floodplain Management Area. For development within a Floodplain Management Area, a Floodplain Development Permit is required per Article 4, Section C of the Floodplain Management Ordinance. The definition of a Floodplain Management Area is "The combination of all floodplain and regulatory floodways within the jurisdiction of the City, including floodplain land that is not identified on Floodplain Hazard Boundary Maps or Flood Insurance Rate Maps." Because portions of these properties are currently within a Floodplain Management Area, we have had numerous meetings concerning how to satisfy paragraph 3 of Section C. Paragraph 3 basically states that when you develop within a floodplain and are removing valley storage from the floodplain you need to compensate for a portion of that loss. During discussions with the developers, I informed them that I was interested in acquiring additional land for a future pump station and Found storage tank generally to be located at our existing site. It was then mutually agreed that the relocation of our site away from Sandy Lake could be a benefit. For the City it would allow us to relocate off of a main entry into the City and get us closer to a 24" water line in MacArthur Blvd. and for the developer of the 48 acres it would remove the obstruction of a pump station and ground storage tank from the main entry point to their development. Because of the potential for a land swap with the owner of the 48-acre tract of land, we also need to be included in this variance request. Typically, I would not entertain any variances to the Floodplain Management Ordinance that resulted in development that did not meet the slriet intent of the ordinance. However, in this particular case there is a "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" proposed revision to the floodplain maps that will remove the properties in question from the floodplain. Once those properties are removed from the floodplain they no longer fall under the requirements of the Floodplain Management Ordinance. Therefore, there would be no valley storage requirement because there would technically be no reclamation required from the floodplain. The new updated maps should become effective in mid-2001. The proposed revised maps were originally provided to the City in October 1999. One aspect of a revision to a floodplain map is a ninety-day appeal period. Notices were placed in the local paper on January 28, 2000 and February 4, 2000 concerning the revisions to the floodplain map. During the 90-day appeal period, there were three appeals filed with the Federal Emergency Management Agency (FEMA). One appeal was from the US Army Corps of Engineers, which provided additional information on an Upper Trinity River Study. A second appeal was from Nathan Maier Engineering, Inc. concerning the impact of the revised floodplain maps on the property owned by his client, Terry Holmes, on the north side of Sandy Lake at Denton Creek. The third appeal was from the City of Carrollton. On September 7, 2000, FEMA issued a letter stating that the appeals for our community had been resolved. That letter started a thirty-day comment period after which FEMA would address any comments and then resume the timeline for knplementing the revised map. The last step for FEMA in implementing the revised floodplain map is the issuance of a Letter of Final Determination. The Letter of Final Determination begins a six-month compliance period and establishes an effective date for the new floodplain map. During the six-month compliance period, we will be revising our floodplain ordinance to adopt the new floodplain map. In recent conversations with FEMA, it is my understanding that the Letter of Final Determination could be issued at any time. I go into great detail conceming the status of our floodplain maps in relationship to this request for a variance to show that if the developer of the Townhouses of Coppell, the 48 acre tract of land and the City were required to build extensive valley storage to offset reclamation from the floodplain, as defined on the 1994 map, that requirement would go away once the new maps are adopted. As is often said, timing is everything. If there had been no appeals to the proposed map the new map would currently be in place and there would be no requirement for valley storage or a variance request. Also, if no property were currently proposing development, there would be no need for a variance request. I am trying to apply a degree of common sense to this complicated issue. The new maps will be adopted sometime in the year 2001 showing that the properties in question will not be within a designated Floodplain Management Area. Therefore, I am recommending that the City grant a variance to Article 4, Section C, paragraph 3 of the Floodplain Management Ordinance No. 94-639 to eliminate the need for offsetting valley storage for the development of the Townhouses of Coppell, the 48 acre tract of land east of the Townhouses of Coppell and the City's 2.5 acre tract of land that currently houses our 0.5 million gallon ground storage tank. The offsetting valley storage is a local amendment to the minimum National Floodplain requirements. So while a variance might be granted to the requirement for valley storage all other aspects of the Floodplain Ordinance still must be adhered to by the Townhouses of Coppell while the new maps are being adopted to insure compliance with federal regulations. Staff will be available to answer any questions at the Council meeting. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" // i I SCALE 1'=1000' AGENDA REQUEST FORM ~t~~ITY COUNCIL MEETING: December 12, 2000 ITEM # ITEM CAPTION: Consider approval of a Master Agreement covering Transportation and Major Capital Improvement Projects between Dallas County and the City of Coppell; and authorizing the City Manager to sign. SUBMITTED BY: Kenneth M. Griffin, RE. TITLE: Director of Engineering/Public Works STAFF COMMENTS: See attached memo. BUDGET AMT. $ FINANCIAL COMMENTS: Din. n~xT~a:s: ~ Agenda Request Form - Revised 5/00 AMT. EST. $ FIN. REVIEW: +\-BrD $ CITY MANAGER REVIEW: Document Name: #eng2 MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council Members From: Kenneth M. Griff'm, P.E., Dir. of Engineering/Public Works Date: December 12, 2000 Consider approval of a Master Agreement covering Transportation and Major Capital Improvement Projects between Dallas County and the City of Coppeli; and authorizing the City Manager to sign. In FY 2000, Dallas County replaced it traditional bond financing approach to funding infrastructure improvements with a programmed Major Capital Improvement Program. Under the old bond financing method all projects were authorized at the same time and were' constructed generally at the same time. With the Major Capital Improvement Projects, Dallas County has implemented a "pay as you go" program for participating and constructing street projects with local entities. To be eligible for funding, projects have to be roadways shown on a Regional Thoroughfare Plan as published by the North Central Texas Council of Governments. If a project met that criteria, then it was evaluated based on its speed delay rating, traffic volume rating, traffic volume growth rating, Waffle desire rating, benefit cost ratio rating, accident rate rating, air quality and energy conservation rating, sustainable development/redevelopmentJsmart growth rating, intermodel/multi-model/social mobility rating, and a local cost participation multiplier. In reviewing upcoming projects of which the City anticipates constructing it was noted that West Sandy Lake from Denton Tap to S.H. 121 met the criteria to be considered for partial funding by Dallas County. Therefore, in March 2000 the Engineering Department submitted Sandy Lake Road to Dallas County for consideration of partial funding. In October 2000, I attended a joint Dallas County meeting with most surrounding cities to discuss the Major Capital Improvement Program and the final selection of the projects for funding. At that meeting, information was provided to show that Sandy Lake Road from Denton Tap to S.H. 121 had received funding from Dallas County in the amount of $I,300,000 for the year 2006. The 2006 time line is a little beyond our anticipated start of construction in the year 2005; however, given the intricacies of the design of West Sandy Lake Road it is entirely possible that the project would not even be ready to go to construction until later than 2005. Council may note that on the agenda this evening there is also an item to approve the design contract for West Sandy Lake Road and that agenda item lists numerous issues that will be associated with the design. Notwithstanding the timing of the 1.3 million dollars in year 2006, it is important to note that Dallas County has approved the project for partial funding and as such Dallas County has requested that we enter into a Master Agreement concerning the project. The Master Agreement generally lays out County and City responsibilities. However, once we are closer to the actual construction, there will be a Supplemental Agreement between Dallas County and the City of Coppell to specifically state each party's responsibilities and the funding by each party. The Master Agreement is only the first step in the process to obtain partial County funding for West Sandy Lake Road from Denton Tap to S.H. 121. With this agenda item I have provided a copy of the Master Agreement, a copy of our application from March 2000, and a copy of a handout from my October 2000 meeting with the Sandy Lake Road project highlighted. Staff recommends approval of the Master Agreement between Dallas County and the City of Coppell and will be available to answer any questions at the Council meeting. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" DALLAS COUNTY PUBLIC WORKS November 14, 2000 Mr. Ken Griffin City Engineer City of Coppell 255 Parkway Boulevard P. O. Box 478 Coppell, Texas 75019 Re: Master Agreement Governing Transportation Major Capital Improvement Projects Dear Mr. Griffm: Enclosed you will find the subject document for your prompt execution. As previously detailed, the projects in this program will be on a fight schedule in order to be completed in the appropriate Program Years. Adherence to the project schedule is imperative for all partners. The schedule provides for the execution of the agreement by our parmer cities and return to us by January 2, 2001, for processing through Commissioners Court. Your assistance in performing in compliance with this schedule is greatly appreciated. Kick-off meetings have begun and we look forward to participating with you in the Pre-design Charrettes soon. If you require any further information, please contact me or my staff at telephone 214-653 -7151. Sincerely, Donald R. Holzwarth, P.E. Director of Public Works Enclosure (Agreement) jcn 411 Elm Street, 4th Floor Dallas, Texas 75202 (214) 653-7151 Submitting Agency: Contact Person: Address: Telephone Number: e-mail address: 2000 Dallas County Call For Proiects APPLICATION INFORMATION City of Coppell Ken Griffin, P.E. 255 Parkway BIrd. Coppell (972)304-3679 kgriffin Facsimile Number: ~ ci. coppell. tx. us TX 76051 (972)304-3570 PROJECT INFORMATION Location: Beginning: Ending: Sandy Lake Road Denton Tap Road S.H. 121 Functional Classification: R # of Correctable Accidents: 6 (over past 3 years) MAPSCO: Project Length: Avg Posted Speed: Avg Operating Speed: Traffic Volume: Traffic Volume Source: Existinq Proposed Through lanes 2 4 Left turn lanes 0 Y Right turn lanes 0 Y Sidewalks 0 Y Bicycle Lanes 0 S 1 T-V 10, 500' 37.33 29.86 13126 Count, 04/26199 Description of Proposed Improvement(s): This proposed project is aimed at improving a thoroughfare that serves a considerable volume of traffic today but will likely serve more regional traffic when it is improved and widened. Sandy Lake Road links Coppell to SH 121 and the Grapevine Mills Development Corridor on the west and Carrollton on the east. it will juncture at SH121 with a diamond interchange in the future that will facilitate additional development in the area. This project will be an extension of a current construction project to improve and widen Sandy Lake Road east of Denton Tap Road. Existing Sandy Lake Road conditions can be described as a typical rural two-lane asphalt mad, approximately 20' wide, with drainage ditches on both sides of the street. Sandy Lake Road serves Coppell School Bus Routes and is currently the main exit point for buses leaving Coppell High School. Sandy Lake Road also serves as an alternate mute during times of freeway incidents on IH-635 and SH 121. The proposed project would widen Sandy Lake Road to a four-lane divided thoroughfare with curb-and gutter and underground drainage system. The design standard will be full-depth reinforced 3000 psi concrete paving on 6' lime-stabilized subgrade. The subgrade stabilization method will be re-examined during design as soil types vary within the City Limits. Intersection improvements as part of this project will result in left- and right-turn lanes where appropriate and other innovative treatments to limit intersection delay and improve safety. Concrete 5'-wide sidewalks will be included on both sides of the street to facilitate foot traffic, Another element planned with this project will be an on-street bike route that is designated as a link of the DaI-Homa veloweb. It is important to note that City staff intends to manage this project and provide inspection services. The City will acquire the necessary right-of-way for the project and contract directly with a consultant to design the project. The design process should begin in the next year, with right-of-way to begin at the appropriate stage of design. Hence, if and when County funds are available to the City they would be dedicated solely to construction activities. PROJECT COST INFORMATION Total Project Cost: $ Right-of-way Cost: $ Engineering/Design Cost: $ Utility Cost: $ Construction Cost: $ 8,275,000 750, 000 1,000,000 6, 525, 000 Local Cost Contribution: $ in percent of total cost: 6,975,0o0 84% D~strict ~ MaJor CapP-I Improvement program Funding/Cost Forecest For Brle~nf on October 10. 2000 Funding Project Project City Source Type 2004 MCIP Funding Authorized TEA - 21 Funding Available Thoroughfare Funding Available Major Impact Funding Avallabl Total Transpomitton Funding Available projected project Costs Xeer, oob 2005 ProgramYear-CountyFunding Only 2006 2007 2008 2009 MCIP-T21 2227,161 0 1250,000 12.50,000 12.50,000 12.50,000 MCIP-Thor 1,522.839 3,750.000 5,000.000 5.000,000 5,000,000 5.000,000 MCIP-MI 1,666,500 1,666,500 1,666,500 1,666,500 1,666,500 1,666,500 5,416.500 5,416,500 7,916,~00 7,916,500 7,916,500 7,916,500 Intemectjon Group I Dallas MCIP-T21 In~ Belt Line Rd - SH 289/Preston to Dallas Pkwy Dallas MCIP-T21 Widening Inwood Rd 0 Lovers Lane Dallas MCIP-T21 Intersection ValleyV'mwLn-NicholsontolH635 Fa~neraBranch MCIP-T21 WIdening Campbel Rd - Jay Ell Rd to US 75 Richardson MCIP-T21 Grade Sep. Midway - Spring Valley to Dooley Addison Ampaho - Addison Rd to Surveyor Addison Old Denton - Whiock to Tdnlty Mills Carrdlton LasCo&tasBIvd-C, olwalltoLakeCaralynPkwy living Sh121Bypass , County LIne to Denton Tap Rd L~ OdBn~l) RanoRd Richardson Sl~ng Valley G Weathermd/Goldma~c Richardson BsIt Line - PIano Rd to Jupiter Rd Richardson Main ~ Line - Intoturban Rd to US 75 Total EsUmeted Costs Per Year 51.917 102,670 75,713 3,519,700 444,778 520,001 MCIP-ThOr Signal 196,000 MCIP-ThOr New Facity 1,432.812 MCIP-Thor Reconstmct 2,500.000 ;.~,~/-~x~vn~m'~,:.m _ I ......... ~F-~J,;,x,:,:,~ I I MCIP-Thor New Facity 1.500.000 500.000 MCIP-Thor New Faclty 300.000 MCIP-Thor Intomeclion 175,000 MCIP-Thor Intersec~on 475,000 MCIP-Thor Rehab. 277,721 55,479 MCIP-Thor Turn Lenes 200,000 3,750,000 3,150,060 6350,000 5,163,291 0 '1,666,500 1,M8,500 %666,500 2,153209 7,9t6,500 _Annual Unprogmmnmd Balance 0 7r916,500 2010 0 0 Colj Totals Total Cost 42,4~ 2,000~000 175,000 475,000 19.5t3,291 1: 4, 65,t: 1.475,000 50.0%..' ,000 t0,000,000 20.0%_' ,000 1,800.000 .ooo 35o.ooa. so.o,~, ,800 680,000 4g.O*~; ,ooo 4o0 ooo 5o:o~! ,S71 a4;k90,162 23,0%~ Dietrind' CoppHi STATE OF TEXAS COUNTY OF DALLAS § MASTER AGREEMENT GOVERNING TRANSPORTATION MAJOR CAPITAL IMPROVEMENT PROJECTS THIS MASTER AGREEMENT is made by and between the City of , Texas, hereinafter called "CITY", and the County of Dallas, Texas, hereinafier called "COUNTY", acting by and through its duly authorized officials, which desire to enter into an laterlocal Agreement, hereinafter called MASTER AGREEMENT, for the purpose of Transportation Improvements on roads inside Dallas County that are on the North Central Texas Council of Govemment's Regional Thoroughfare Plan. WITNESSETH WHEREAS, pursuant to Court Order 2000-2117, dated October 17, 2000, County Commissioners Court approved participation in Transportation Major Capital Improvement Projects for the Program Years 2004, 2005, and a portion of 2006 within the cities inside Dallas County; and WHEREAS, the approved project lists may be modified, updated or approved by the Commissioners Court on a periodic, as-needed basis; and WHEREAS, Chapter 791 of the Texas Government Code, as mended, provides authorization for local governments to enter into interlocal agreements; and NOW THEREFORE, THIS AGREEMENT, is hereby made and entered into by CITY and COUNTY for the mutual consideration stated herein: AGREEMENT Article I. DEFINITIONS: The following definitions are incorporated into this agreement for all purposes. a) AMENDMENT shall mean a written document executed by all parties detailing changes, additions or deletions in the MASTER AGREEMENT. b) CITY shall mean the City of , County of Dallas, State of Texas. c) COUNTY shall mean the County of Dallas, State of Texas. d) DIRECT PROJECT & PROGRAM COSTS shall mean those costs that can be identified specifically with a particular project or program cost objective. These costs generally include MASTER AGREEMENT- 11/10/00 1 compensation of employees for the time devoted and identified specifically to the performance of the project or program, cost of materials acquired, consumed or expended specifically for the purpose of the project or program; equipment changes; damage claims and other approved capital expenditures; change orders; damage claims; travel expenses incurred specifically to carry out the project including, but not limited to, design, right-of-way, road or street drainage, utility reloeation and adjustment and construction. Direct Cost does not include either CITY or COUNTY general overhead. e) EFFECTIVE DATE shall mean the date of the signature of the last person necessary for this MASTER AGREEMENT to become effective. f) INDIRECT COSTS shall mean those costs which have been incurred for common or joint purposes. These costs benefit more than one cost objective and cannot be readily identified with a particular final project or program cost objective without effort disproportionate to the results achieved. g) INTERLOCAL AGREEMENTS shall mean contracts or agreements entered into between CITY and COUNTY in accordance with Texas Government Code Chapter 791. h) LEAD AGENCY shall mean that entity responsible for project management, including, but not limited to planning, design, right-of-way acquisition, approved utility relocation or adjustment and construction. i) MASTER AGREEMENT shall mean this document including all incorporated documents, attachments, and exhibits. j) MEMORANDUM OF AGREEMENT (MOA) shall mean a written document which incorporates the results of the PREDESIGN CHARRETTE. Said MOA shall at a minimum identify the overall funding scheme, and basic scope of the PROJECT. k) PARCEL OR PARCELS shall mean those tracts of land and improvements located either wholly or partially thereon, identified by COUNTY, CITY or other STAKEHOLDER as required for right-of-way requirements of the PROJECT. Such Right-of-way shall include both the existing street, road, drainage or other CITY or COUNTY real property ownership and all additional real property to be utilized for the PROJECT. 1) PREDESIGN CHARRETTE shall mean a meeting of decision making STAKEHOLDERS and other members of the PROJECT TEAM for the purpose of entering into a MEMORANDUM OF AGREEMENT for the overall funding, alignment and scope of the PROJECT. m) PROJECT MANAGER shall mean the person appointed by the Lead Agency who is assigned the primary duty for assuring Project Team coordination and timely project delivery. There will be only one PROJECT MANAGER assigned to a PROJECT. n) PROJECT TEAM shall mean representatives from COUNTY, CITY, and other STAKEHOLDERS as may be mutually agreed upon by COUNTY, CITY and STAKEHOLDER or otherwise with responsibility for delivering the completed PROJECT. o) PROJECT(S) shall mean the road improvements appmved by the COUNTY for inclusion in the Transportation Major Capital Improvements Program approved by the Commissioners Court and appmved by the CITY and/or other applicable STAKEHOLDERS. p) ROAD or STREET AMENITY shall mean. PROJECT features not included in the STANDARD BASIC PROJECT DESIGN including but not limited to street pavers, colored concrete, planters, irrigation, decorative lighting, special signage, or any other feature above and beyond the MASTER AGREEMENT- 11/10/00 2 · I I Ii STANDARD BASIC PROJECT DESIGN or any increase in capacity in excess of COUNTY determined requirements based on anticipated future traffic flow. q) RIGHT OF WAY (ROW) shall mean that real property, (either existing, or required in fee and/ or easement) identified by COUNTY, CITY, or other project STAKEHOLDER as necessary for the construction of the PROJECT. Such Right-of-way shall include both the existing street, road, drainage or other CITY or COUNTY real property ownership and all additional real property to be utilized for the PROJECT. (r) STANDARD BASIC PROJECT DESIGN shall mean the standard COUNTY-approved CITY criteria for paving, bridges, drainage and appurtenances, traffic control items including pavement marking, warranted uniform signals, street light foundations, pull boxes, conduit, sidewalks, medians, storage/turn lanes, access, required structural retaining walls and standard driveways excluding ROAD OR STREET AMENITIES, or such design criteria as may be mutually agreed upon in a project specific SUPPLEMENTAL AGREEMENT. (s) SUPPLEMENTAL AGREEMENT shall mean an agreement subsequent to this document which is entered into to establish the contractual rights and responsibilities of the CITY and COUNTY as it relates to the PROJECT. (t) STAKEHOLDER shall mean any governmental or quasi-govemmental entity making a financial contribution to the PROJECT. (u) TxDOT shall mean the Texas Department of Transportation. (v) UTILITIES shall mean each City Utility, public utility, common carrier, governmental or quasi- governmental facility, fiber optic facility, or other facility located within the limits of the Project by virtue of Texas or Federal Law or agreement between the entity and the CITY, COUNTY, or STATE OF TEXAS. (w)CITY UTILITY shall mean those owned or operated by CITY which require relocation or adjustment for the purpose of the construction of the PROJECT as identified by PROJECT plans. (x) UTILITY IN PUBLIC RIGHT-OF-WAY shall mean all UTILITIES located within the limits of the PROJECT by virtue of Texas or Federal Law or agreement between the entity and the CITY. (y) UTILITY IN PRIVATELY OWNED RIGHT-OF-WAY shall mean all UTILITIES, excluding CITY UTILITIES, whose facilities are located within the limits of the PROJECT by virtue of satisfactorily documented pro-existing real property ownership. (z~ UTILITY BETTERMENT shall mean any increase in the capacity of any UTILITY'S Facility adjusted or relocated as a part of the PROJECT as compared to the existing Facility, or any upgrading of the UTILITY'S Facility above the standard practices, devices or materials, specified by the UTILITY and customarily used by CITY or UTILITY on projects solely financed by CITY or UTILITY. Provided, however, that any upgrading necessary to successfully accomplish the PROJECT shall not be considered a Betterment, and further, that any increase in the capacity of the Utility Facility resulting solely from the replacement of devices or materials no longer regularly manufactured, processed or installed shall not be considered a Betterment, provided that such replacement shall be only to the standard devices or materials currently used on other projects financed solely by CITY or UTILITY. This meaning shall apply to utilities that are part of the project as well as the standard basic street components (See "STANDARD BASIC PROJECT DESIGN"). MASTER AGREEMENT- 11/10/00 3 II Article II. PERIOD OF THE AGREEMENT This MASTER AGREEMENT becomes effective when signed by the last party whose sigrdng makes the respective agreement fully executed (The "Effective Date"). This MASTER AGREEMENT shall be an annual agreement and shall automatically renew without further action by either party unless or until terminated as provided in Article IV (Termination) or the expiration often (10) years, whichever shall first occur. Article HI. AMENDMENTS This Master Agreement may be mended with the mutual consent of the CITY and COUNTY. Any amendment must be in writing and approved by the parties' respective governing bodies. Article IV. TERMINATION, DEFAULT, TIME OF THE ESSENCE AND FORCE MAJEURE 1. TERMINATION A. This MASTER AGREEMENT may be terminated by any of the following conditions: (1) By expiration of term of the agreement. (2) By mutual written consent and agreement of COUNTY and CITY. (3) By either party, by notice in writing establishing the effective date of termination to the other party as consequence of the party being in default of the provisions of this Agreement or any StIPPLEMENTAL AGREEMENT or failure to timely provide funding, with proper allowances being made for circumstances beyond the control of the defaulting party. (4) By either party with ninety days written notice to the other party. B. Should either party terminate this MASTER AGREEMENT as herein provided, all existing, fully executed SUPPLEMENTAL AGREEMENT made under this MASTER AGREEMENT shall not be terminated and shall automatically incorporate all the provisions of this MASTER AGREEMENT. C. In the event that any SUPPLEMENTAL AGREEMENT is terminated prior to completion of the PROJECT, no additional Costs shall be incurred other than Costs due and payable at the time of termination for services actually performed or that shall become due and payable due to such termination. The LEAD AGENCY, to the extent permitted, may terminate all project contracts, unless written notice is given by either party to the other of its intent to complete the PROJECT, and prepare a final accounting for the PROJECT. D. If the PROJECT is terminated by the CITY prior to the award of any construction contract and the PROJECT is located within the CITY limits, CITY shall pay to COUNTY the full amount expended by COUNTY on the project and COUNTY shall transfer to CITY its fights and all deliverables that it may be entitled to receive under the existing professional services or other project contracts or agreements. Such amount shall be included in the final accounting for the PROJECT. Such mount shall be due and payable in full ninety MASTER AGREEMENT- 11/10/00 4 (90) days subsequent to the termination, or thirty days subsequent to delivery of final accounting. E. Once the construction contract has been let, with the approval of the other party, the SUPPLEMENTAL AGREEMENT for that PROJECT cannot be terminated until completion of the construction. F. In the event that a PROJECT is terminated either party may, upon written notice, take over the project and prosecute the work to completion by contract or otherwise at their sole cost and expense. In the event that the party completing the work is not the LEAD AGENCY, it is agreed that the PROJECT MANAGER will furnish to the completing party a listing of current records pertaining to any outstanding obligations or other records or information required by any project contract, including any Work Order, or requested in writing by completing party in either printed or electronic format or both. The LEAD AGENCY agrees to cooperate with the completing party. The LEAD AGENCY will use its best efforts to transfer to the completing party all contracts. Obligations under such contracts shall become the sole obligation of the completing party upon transfer. Completing party agrees to timely pay all future obligations under such contract as they become due and payable. Completing party hereby releases the LEAD AGENCY from any and all liability under such assigned contracts subsequent to date of transfer, effective upon the transfer date. LEAD AGENCY shall exercise its best efforts to insure a transition of services without interruption G. Either party shall have the right to retain copies of all data, information, engineering, studies, or other items produced to the date of termination. H. Provisions B through G will survive the termination of this MASTER AGREEMENT and any SUPPLEMENTAL AGREEMENT and shall be a continuing obligation until the transition of services, all payments made and the PROJECTS are complete. All items listed or required in this provision shall be furnished by LEAD AGENCY to completing party without additional cost or expense to completing party. 2. FORCE MAJEURE: Neither COUNTY nor CITY shall be deemed in violation of this Contract if it is prevented from performing any of its obligations hereunder by reason of, for or through strikes, stoppage of labor, riot, fire, flood, invasion, insurrection, accident, order of court, judge or civil authority, an act of God, or any cause reasonably beyond the party's control and not attributable to its neglect. In the event of such an occurrence the time for performance of such obligations or duty shall be suspended until such time that such inability to perform, shall be removed. The party claiming the suspension shall give notice of such impediment or delay in performance to the other party within ten (10) days of the knowledge of such occurrence. Each party shall make all reasonable efforts to mitigate the effects of any suspension. Article V. INDEMNIFICATION COUNTY and CITY agree that both COUNTY and CITY shall each be responsible for their own negligent acts or omissions or other tortious conduct in the come of performance of this MASTER AGREEMENT, without waiving any sovereign or governmental immunity available to either COUNTY or CITY under Texas law and without waiving any available defenses under Texas law. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. MASTER AGREEMENT- 11/10/00 5 Article VI. NOTIFICATION Ae When notice is permitted or required by this MASTER AGREEMENT, it shall be in writing and shall be presumed delivered when delivered in person or three (3) days subsequent to the date placed, postage prepaid, in the U. S. Mail, Certified or Registered, Return Receipt Requested and addressed to the parties at the following address. All notices and correspondence to County by City shall be mailed or delivered by hand as follows: Dallas County Public Works Donald R. Holzwarth, P.E., Director 411 Elm Street, Suite 400 Dallas, Texas 75202-3389 C. All notices and correspondence from County to City shall be mailed or delivered by hand as follows: [Title of Appropriate City Official] City, Texas D. Either party hereto may from lime to time designate another and different address for receipt of notice by giving written notice of such change of address to the other party. Article VII. CITY COVENANTS AND AGREES AS FOLLOWS: To execute the necessary agreements for the implementation of design and construction of the PROJECTS mutually agreed upon and incorporated herein by SUPPLEMENTAL AGREEMENT. Provide City Council Resolution adopting approved preferred alignment, proposed estimated budget, and commitment to meet PROJECT funding for each milestone as specified herein or in a SUPPLEMENTAL AGREEMENT. CITY agrees to share the funding of each PROJECT with COUNTY on an equal share basis (50%/50%), or as otherwise agreed upon cost sharing arrangement as specified in a SUPPLEMENTAL AGREEMENT with the following exclusions: CITY shall bear the entire cost of: 1. CITY owned utilities relocation or adjustment such as water and sanitary sewer facilities, except utility adjustments directly attributable to storm sewer improvement confficts; 2. ROAD or STREET AMENITIES including but not limited to street pavers, colored concrete, planters, decorative lighting, special signage, or any other feature over the STANDARD BASIC PROJECT DESIGN; MASTER AGREEMENT- 11/10/00 6 3. UTILITY BETTERMENTS and ROAD or STREET AMEN/TIES: 4. CITY PROJECT TEAM participation or project management (if the CITY has LEAD AGENCY Responsibility) Direct Costs which are not supported by a detailed hourly accounting system; 5. CITY Indirect Costs. When mutual written agreement has been reached as to PROJECT limits by COUNTY and CITY at the Predesign Charrette, City agrees to acquire right-of-way required for designated projects by voluntary dedication, the subdivision platting process and/or other legal means, to the maximum extent possible, and to ensure through the building permitting process that setback requirements are imposed to limit encroachment upon the required right of way. CITY agrees to fund ROW not acquired but reasonably expected to be. CITY also agrees to fund the removal of improvements that are encroachments within existing or proposed right of way areas. In the event of any proposed use of the PROJECT right-of-way that will conflict with the proposed PROJECT and CITY is unable to obtain such right-of-way as described above, CITY shall notify COUNTY of such conflict. COUNTY and CITY shall determine if the acquisition of the conflicting parcel would be in the best interest of the PROJECT. In the event that agreement is reached and the parcel is acquired such cost shall be included in the pro rated cost of the project in the agreed upon proportions. CITY hereby grants the COUNTY authority to enter into eminent domain proceedings within the city limits on each specific right of way alignment as approved by the CITY and COUNTY. To require all Utilities located within or using the present public right of way on all designated transportation projects within CITY's municipal limits to adjust and/or relocate said Utilities as required by the proposed improvement of the designated transportation Project. CITY Utilities shall be relocated or adjusted at no cost to COUNTY except as may be specifically set forth in this MASTER AGREEMENT. CITY agrees to be cooperative on issues relating to billboards, advertising signs, non- conforming uses, zoning and similar restfictions and to exercise its best efforts to provide variances when possible to minimize cost and delay of PROJECT. Additional PROJECT cost caused or contributed to by CITY ordinance, zoning, non-conforming use determination or other requirement shall be paid in full by CITY. _CITY shall require the adjustment and/or relocation of UTILITIES to be accomplished and ~nalized, as expeditiously as possible after approval of final plans to prevent PROJECT schedule delays. Notwithstanding anything contained herein to the contrary, all UTILITIES shall be adjusted or relocated and the right-of-way clear for construction not later than thirty (30) days prior to the award of the construction contract. CITY will notify the COUNTY and other STAKEHOLDERS when utility conflicts would impact progress of the project completion. COUNTY and CITY agree to work in partnership and with all STAKEHOLDERS to solve the problem to include helping to engage elected officials in the problem resolution with the goal to prevent delays in the commencement or prosecution of construction on the PROJECT. MASTER AGREEMENT- 1-1/10/00 7 G, Where new storm drainage facilities are in conflict with CITY owned water and sanitary sewer systems, and the storm sewer design cannot be modified, after submission of an acceptable schedule of work and cost estimate by the CITY to the COUNTY and COUNTY approval, the actual costs of the necessary adjustment of CITY water and sewer utilities shall be pro rated at the overall percentage agreed to by CITY and COUNTY for cost sharing. CITY shall be responsible for funding one hundred percent (100%) of any BETTERMENTS. Except as provided herein, all costs for adjustment and/or relocation of utilities in the public right of way shall be the responsibility of the Utility Owner or of the CITY UTILITY. Any PROJECT delay or other damages caused by CITY UTILITY'S failure to timely relocate or adjust the facility .shall be at the entire cost of CITY. H. To provide for continuing surveillance and control of right of way to prevent the construction, placement, storage or encroachment of any signs, personal property or other appurtenances in the right of way. In the event that the aforementioned features are allowed by CITY to encroach on necessary ROW during the duration of the project, CITY shall bear the entire cost of removal or relocation of said encroachment. To provide to COUNTY for COUNTY'S or COUNTY'S designee use, at no cost, adequate copies of all construction standards, codes, (specifically including zoning and development codes), plats, specifications, guidelines, standards or any other pertinent information as determined by COUNTY to be required for the completion of the PROJECT. Additionally, CITY shall furnish COUNTY, at no cost, such documents as necessary to keep all items previously furnished to County current. J. Actively participate and provide authorized representation with decision making power at PREDESIGN CHARRETTE, preconstruction meeting, partnering meetings and project team meetings which are necessary to project development/completion and fiduciary relationships. K. CITY agrees to provide timely review of interim submittals. "Timely review" will be agreed upon during the PREDESIGN CHARRETTE as a part of the PROJECT schedule. City further agrees that if no review notes are submitted by CITY in writing to COUNTY on a timely basis, plans are approved as submitted. L. City agrees that it will pay all additional project cost for any CITY requested discretionary change, including, but not limited to STREET AMENITIES AND UTILITY BETFERMENTS, in or addition to the design or construction of the project subsequent to the City oppommity to review the sixty five percent (65%) design plans. Provide at CITY's cost for the continuing maintenance of all PROJECT ROW, such as mowing, drainage, trash removal, etc., during the period between acquisition and construction. MASTER AGREEMENT- 11/10/00 8 N. Subsequent to the completion of a PROJECT, that the CITY will be responsible for all future maintenance, operation and control of the PROJECT, without cost or contribution from the COUNTY. O. Bear the entire cost of design, construction and administration for landscaping, streetscaping, streetlighting, as such items are not included in the STANDARD BASIC PROJECT DESIGN and other ROAD OR STREET AMENITIES specified or requested by CITY in excess of STANDARD BASIC PROJECT DESIGN. P. It is the intent of this MASTER AGREEMENT that the COUNTY will be the LEAD AGENCY. In the event that the CITY and COUNTY agree in writing that CITY will manage and administer one or more PROJECTS, CITY and COUNTY will enter into a SUPPLEMENTAL AGREEMENT as to that project(s). In such instance, CITY agrees to assume all LEAD AGENCY responsibilities except as may be set forth in the SUPPLEMENTAL AGREEMENT as determined by mutual consent. Article VIII. UTILITY IMPACTS. A. In cases where a UTILITY IS LOCATED IN A PRIVATELY OWNED RIGHT-OF- WAY, and it is necessary to relocate the facility or make adjustments by reason of the widening or improvement of the designated project, the COUNTY (or CITY if acting as the LEAD AGENCY) will, after submission by utility company of right of way documentation and cost estimates acceptable to the CITY, COUNTY and other STAKEHOLDERS, assign the actual costs for the reloeation and/or adjustment of said utility to the PROJECT. B. In cases where a UTILITY IN PUBLIC RIGHT-OF-WAY, excluding CITY UTILITIES, occupies any portion of the PROJECT RIGHT-OF-WAY by Texas or Federal Law or by agreement with the CITY that allows or permits the CITY to cause the relocation of the utility for the construction of the project, the CITY shall timely require and enforce the reloeation or adjustment requirement at no cost to the project. In the event that the CITY has no legal or contractual fight to eatme the reloeation, the relocation or adjustment shall be relocated or adjusted and all cost shall be a Project Cost. CITY shall take all steps necessary to insure that such reloeation or adjustment shall not conflict with or delay the PROJECT schedule. Article IX. COUNTY AGREES AS FOLLOWS: As To provide as a PROJECT Cost preliminary engineering which will define project details, e.g., location, scope of work and specific right of way alignment for each improvement. Such preliminary engineering shall be submitted to the CITY for approval, prior to proceeding with the final design and any fight of way acquisition. B. To provide as a PROJECT Cost for the construction of transportation improvements based upon design criteria conforming to STANDARD BASIC PROJECT DESIGN in conformity with applicable CITY ordinances and standards, to the extent of Commissioners Court approved program funding. Scope of work shall include the agreed MASTER AGREEMENT- 11/10/00 9 upon design standards as the basis for improvement criteria. Deviations from mutually agreed upon application of CITY standards and/or design criteria shall require prior approval of CITY. Where CITY standards do not exist, TxDOT standards as of the EFFECTIVE DATE of this MASTER AGREEMENT shall be utilized unless otherwise mutually agreed by SUPPLEMENTAL AGREEMENT. C. To actively participate and provide authorized representation at PREDESIGN CHARRETTE, preconstruction meeting, parmering meetings and project team meetings which are necessary to project development and completion and fiduciary relationships. D. To provide project management of each Project where County is LEAD AGENCY from commencement to completion of construction. CITY and COUNTY may further agree by mutual consent to redefine project management roles as beneficial to the PROJECT as defined in the MOA and SUPPLEMENTAL AGREEMENTS. E. Upon receipt of written request detailing the information requested, to provide information related to the PROJECT to CITY or CITY'S designee at no cost to the CITY. COUNTY agrees to provide timely review of interim submittals and hereby agrees that if no review notes are submitted by COUNTY (if CITY is filling the role as PROJECT MANAGER) in writing to CITY, plans are approved as submitted. "Timely review" will be agreed upon during the PREDESIGN CHARRETTE, as part of the project schedule. G. To submit final engineering plans for review and written approval by CITY at least thirty (30) days prior to advertising for construction. H. To provide for the acquisition, including acquisition by Eminent Domain, of the necessary additional right of way, on designated projects, in accordance with minimum standard requirements and utilizing existing public right of way to the maximum extent possible as a PROJECT cost. I. To require all contractors to secure all necessary permits required by CITY on said construction projects. J. To fumish record drawings of construction plans for the permanent records of CITY within twelve (12) months upon completion and acceptance of the transportation improvement PROJECT. K. In and for Ten Dollars ($10.00) and other good and valuable consideration, including the future obligation of maintenance, operation, control and acceptance of liability therefor to transfer, by Quit Claim Deed, all PROJECT related easements acquired by COUNTY to CITY. L. In the event COUNTY and CITY agree in writing that CITY will be the LEAD AGENCY for the agreed upon PROJECT, COUNTY will reimburse CITY for agreed costs as detailed in Article XI (FUNDING) in an mount not to exceed the PROJECT cost as approved by Dallas County Commissioners Court and incorporated in the SUPPLEMENTAL AGREEMENT. All COUNTY payments shall be in accordance with COUNTY Policies and Procedures or as may be mutually agreed between the parties and incorporated in a SUPPLEMENTAL AGREEMENT. MASTER AGREEMENT- 11/10/00 10 Article X. A. PREDESIGN CHARRETTE CITY and COUNTY, as specified in Articles VH and IX, respectively, will designate officials or representatives to participate in a Predesign Charrette to be conducted on a mutually agreeable date and location. At least part of this meeting will be conducted on the PROJECT site. Results from Predesign Charrette will identify the general project scope and the general preferred alignment of the project, and project administration and management roles, to include the PROJECT MANAGER. Additionally, key project team participants shall be identified at the Predesign Charrette. At the conclusion of the Predesign Charrette a SUPPLEMENTAL AGREEMENT shall be produced which outlines the identified roles and scope for the Project. Article A. XI. FUNDING CITY and COUNTY mutually agree to proportionately fund the DIRECT PROJECT & PROGRAM costs as agreed by the parties in a SUPPLEMENTAL AGREEMENT. Unless otherwise specified in the SUPPLEMENTAL AGREEMENT, COUNTY shall bear fifty percent (50%) of the total DIRECT PROJECT & PROGRAM costs excluding the ROAD OR STREET AMENITIES, relocation or adjustment of CITY UTILITIES, UTILITY BETTERMENT, INDIRECT COST, DIRECT COST not supported by detailed hourly accounting system and other items as specified in this MASTER AGREEMENT or any SUPPLEMENTAL AGREEMENT. COUNTY shall not be responsible for any amount of funding in excess of the PROJECT not-to-exceed amount as shown in the PROJECT SUPPLEMENTAL AGREEMENT. Unless otherwise specified in the SUPPLEMENTAL AGREEMENT, CITY shall bear fifty percentage (50%) of all DIRECT PROJECT AND PROGRAM costs. In addition City agrees to fund all other City cost as provided herein, including, but not limited to, ROAD OR STREET AMENITIES, reloeation or adjustment of CITY UTILITIES, UTILITY BETTERMENT, INDIRECT COST, DIRECT COST not supported by detailed hourly accounting system and other items as specified in this MASTER AGREEMENT or any SUPPLEMENTAL AGREEMENT. Unless otherwise stated in a StIPPLEMENTAL AGREEIVIENT, the milestones for each project shall be (1) preliminary and primary design (2) right-of-way acquisition and utility relocation or adjustment and (3) construction. The LEAD AGENCY shall prepare an estimated cost for each milestone. Upon approval of the cost by the other party, each party shall fund its share of the respective milestones by placing that mount of money in an escrow account or otherwise encumber the funds to insure that the LEAD AGENCY will have sufficient funding available from current revenue for the timely payment of PROJECT milestone costs. The LEAD AGENCY may bill the other party for periodic payments for the actual amount of work completed toward the completion of the milestone. Upon completion of the milestone, the non- management party will be furnished a notice that such work has been completed and the amount of funding that may be utilized to pay subsequent milestone Project cost. Notwithstanding any other term or condition contained herein or in any SUPPLEMENT AGREEMENT, neither party will be required to award any contract until written certification has been received that funding has been placed in escrow or encumbered for the payment of the non-awarding party' s portion of the PROJECT cost. MASTER AGREEMENT- 11 / 10/00 11 C, D, Es In the event that the cost of the PROJECT shall exceed the not-to-exceed mount, CITY and COUNTY agree to either reduce the scope of construction or seek additional funding to complete the PROJECT at the agreed upon cost share percentages. At the termination of the PROJECT, the LEAD AGENCY will do a final cost accounting of the PROJECT. In the event that the mount paid by either party exceeds its portion of the actual cost, the difference will be remitted to such party. In the event that additional funds are due, the LEAD AGENCY will bill the other party who agrees to pay such funds within thirty (30) days of receipt of such billing. If CITY elects to manage PROJECT, COUNTY will reimburse CITY based on invoices for actual costs expended in accordance with COUNTY invoicing policy. Upon execution of a SUPPLEMENTAL AGREEMENT, CITY shall escrow an mount adequate for initial project costs which COUNTY may use to pay for initial professional services required for scoping, preliminary, and primary design. Article XII. NO THIRD-PARTY BENEHCIARY ENFORCEMENT. It is expressly understood and agreed that enfomcment of the terms and conditions of this Agreement and all right of action relating to such enforcement shall be strictly reserved to CITY and COUNTY and nothing contained in this Agreement shall give or allow any claim or fight of action whatsoever by any other person on this Agreement. It is the express intcntion of CITY and the COUNTY that any entity other than CITY or the COUNTY receiving services or benefits under this agreement shall be deemed an incidental beneficiary only. This Agreement is intended only to set forth the contractual right and responsibilities of the agreement parties. Article XII. RIGHT OF ENTRY The CITY agrees that COUNTY shall have the right to enter upon the PROJECT area for the time period necessary for the completion of the Project. CITY agrees to furnish such police or other CITY personnel as requested BY COUNTY for traffic control or other public safety matters at no cost to the PROJECT or COUNTY. Article XIV. LIST OF PROJECTS CITY agrees that it has been famished with a list of the potential PROJECTS as approved by the Dallas County Commissioners Courts, subject to the agreement between the parties of a SUPPLEMENTAL AGREEMENT. CITY stipulates and agrees that the Commissioners Court Order approving the projects identifies the potential PROJECT location and describes the type of project in sufficient detail that the CITY is fully aware of the location and type of projects being considered. Article XV. MISCELLANEOUS GENERAL PROVISIONS A. AnnHcable Law. This Agreement and all matters pertinent thereto shall be construed and enforced in accordance with the laws of the State of Texas and exclusive venue shall be in Dallas County, Texas. Notwithstanding anything herein to the contrary, this Agreement is MASTER AGREEMENT- 11/10/00 12 · expressly made subject to County's Sovereign Immunity, Title 5 of Texas Civil Practice and Remedies Code, and all applicable State of Texas and Federal laws. B. Entire A~reement. This Agreement, constitutes the entire agreement between the parties hereto and may not be modified except by an instrument in writing executed by the parties hereto as herein provided. C. Severability. If any provision of this Agreement shall be held invalid, void or unenforceable, the remaining provisions hereof shall not be affected or impaired, and such remaining provisions shall remain in full force and effect. D. Default/Waiver/lVliti~ation. It is not a waiver of default if the non-defaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this Agreement does not preclude pursuit of other remedies in this Agreement or provided by law. E. Federal or State of Texas Funding. In the event that any work or part thereof is funded by State of Texas or U. S. Government funding and any statute, rule, regulation, grant, contract provision or other State of Texas or U. S. Coyeminent law, rule, regulation or other provision imposes additional or greater requirement(s) than stated herein, City agrees to timely comply therewith without additional cost or expense to County. F_. Headings. The titles which are used following the number of each paragraph are only for convenience in locating various provisions of this AGREEMENT and shall not be deemed to affect the interpretation or construction of such provision. G. Number and Gender. Words of any gender used in this AGREEMENT shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise. H._: Counterparts. This AGREEMENT may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. MASTER AGREEMENT- 11/10/00 13 · ! ! The City of , State of Texas, has executed the Agreement pursuant to duly authorized City Council Resolution , Minutes Dated the .. day of ,200_. The County of Dallas, State of Texas, has executed this agreement pursuant to Commissioners Court Order Number and passed on the day of 200_. CITY OF COUNTY:OF DALLAS BY BY ~ TITLE LEE JACKSON, COUNTY JUDGE ATTEST CITY SECRETARY \ ATTORNEY APPROVED AS TO FORM: John Dahill, Advisory Chief, Civil Section Dallas County District Attorney MASTER AGREEMENT- 11/10/00 14 ITY COUNCIL MEETING: December 12, 2000 ITEM ITEM CAPTION: Consider approval of Change Order #5 to the CoppelI Road Project #ST98-01 for the installation of approximately 236 additional sprinkler heads to the irrigation system to accommodate the ten foot Hike and Bike Trail in the amount of $41,964.00 to Ed Bell Construction Company; and authorizing the City Manager to sign. SUBMITTED BY: Michael A. Martin, RE. TITLE: Asst. City Engineer STAFF COMMENTS: See attached memo. BUDGET AMT. $ FINANCIAL COMMENTS: The funds for this item are Agenda Request Form - Revised 5/00 AMT. EST. $ available from the FIN. REVIEW: ~7 Street +X-BID $ CIP Funds. ~ CITY MANAGER REVIEW: Document Name: #eng3 ! l' ! MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Counc~ Members From: Michael A. Martin, P.E., Asst. City Engineer Date: December 12, 2000 RE,' Consider approval of Change Order #5 to the Coppell Road Project #ST 98-01 for the installation of approximately 236 additional sprinkler heads to the irrigation system to accommodate the ten foot Hike and Bike Trail in the amount of $41,964.00 to Ed Bell Construction Company; and authorizing the City Manager to sign. Ed Bell Construction Company is in the final stages of completing the reconstruction of Coppell Road. All utilities and concrete paving for the roadway and Hike and Bike Trail have been installed. Major items that need to be completed by the contractor are the installation of the guardrails, reestablishing the irrigation systems along the east side of Coppell Road and the placement of sod. It has been brought to the City's attention by the contractor that the estimated 20 sprinkler heads indicated in the contract document need to be increased to approximately 236 sprinkler heads. The increase has been brought about due to the construction of the roadway, the installation of the 10-foot Hike and Bike Trail and sidewalks, When the project was bid it was unclear how much of the existing irrigation system would be affected. There were no available irrigation plans in the Engineering Department showing the location of the underground irrigation systems. As the project progressed, it became evident that all five irrigation systems along the east side of Coppell Road would be affected by the construction. Because the number of sprinkler heads increased from 20 to approximately 236, staff asked the contractor to revise its cost per sprinkler head. Currently, the contract has a bid price of $250 per sprinkler head at a total cost of $5,000. If the same bid price was used for the additional sprinkler heads, the total cost to adjust the heads would total $59,000. The contractor has agreed to revise his bid price to a total lump sum cost of $46,964. This amount breaks down to a cost of approximately $199 per sprinkler head, a cost difference of $51 per sprinkler head. In reality, adjusting the sprinkler heads means: installing new irrigation lines, sprinkler heads, wiring, and valves; repairing damaged controllers; designing a parallel system to irrigate on both sides of the sidewalk and Hike and Bike Trail; and any other incidentals necessary to ensure all systems are fully functional at the completion of the project. Providing a lump sum price for all the irrigation systems on the east side of Coppell Road ensures that the contractor will be responsible for making sure all the irrigation systems are working at the completion of the project. Staff recommends approval of Change Order #5 and will be available to answer any questions at the Council meeting. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" CITY OF COPPELL CHANGE OR EXTRA WORK ORDER PROJECT: CONTRACTOR: OWNER: CHANGE ORDER NO.: Coppell Road Reconstruction Project # ST98-01 Ed Bell Construction City of Coppell 5 DATE: 12/12/00 Item Description Irrigation System Revisions ADD: Ib-64R Fully functional irrigation systems DELETE: Quantity unit Unit Price Total 1 LS 46,964.00 46,964.00 Install new irrigation systems along the east side of Coppeil Road from approximately Sta. 3+00 to 38+00 including all materials needed to make the system operational Ib-64 Adj. existing irrigation sprinklers Total Revision to Contract Amount Previous contract amount Net increase in contract amount Revised contract amount Net increase in contract time of completion Revised Contract time of completion 20 EA 250.00 (5,000.00) $41,964.00 $2,060,958.73 $41,964.00 $2,102,922.73 -0- 292 Calendar Days The contractor hereby accepts this Contract adjustment as a final and complete adjustment in full accord and satisfaction of all past and future liability originating under any clause in the Contract by reason of this revision to the Contract. Recommended by City Engineer Date Agreed to by Contractor Date Accepted by Owner Date CITY OF COPPELL CHANGE OR EXTRA WORK ORDER PROJECT: CONTRACTOR: OWNER: CHANGE ORDER NO.: Coppell Road Reconstruction Project # ST98-01 Ed Bell Construction City of Coppell DATE: 12/12/00 Item Description Irrigation System Revisions ADD: lb-64R Fully functional irrigation systems Quantity Unit Unit Price Total 1 LS 46,964.00 46,964.00 Install new irrigation systems along the east side of Coppell Road from approximately Sta. 3+00 to 38+00 including all materials needed to make the system operational DELETE: Ib-64 Adj. existing irrigation sprinklers Total Revision to Contract Amount Previous contract amount Net increase in contract amount Revised contract amount Net increase in contract time of completion Revised Contract time of completion 20 EA 250.00 (5,000.00) $41,964.00 $2,060,958.73 $41,964.00 $2,102,922.73 -0- 292 Calendar Days The contractor hereby accepts this Contract adjustment as a final and complete adjustment in full accord and satisfaction of all past and future liability originating under any clause in the Contract by reason of this revision to the Contract. Recommended by City Engineer Date Agreed to by Contractor Date Accepted by Owner Date CITY OF COPPELL CHANGE OR EXTRA WORK ORDER PROJECT: CONTRACTOR: OWNER: CHANGE ORDER NO.: Coppell Road Reconstruction Project # ST98-01 Ed Bell Construction City of Coppell 5 DATE: 12/12/00 Item Description Irrigation System Revisions ADD: Ib-64R Fully functional irrigation systems Quantity Unit Unit Price Total 1 LS 46,964.00 46,964.00 Install new irrigation systems along the east side of Coppell Road from approximately Sta. 3+00 to 38+00 including all materials needed to make the system operational DELETE: Ib-64 Adj. existing irrigation sprinklers Total Revision to Contract Amount Previous contract amount Net increase in contract amount Revised contract amount Net increase in contract time of completion Revised Contract time of completion 20 EA 250.00 (5,000.00) $41,964.00 $2,060,958.73 $41,964.00 $2,102,922.73 -0- 292 Calendar Days The contractor hereby accepts this Contract adjustment as a final and complete adjustment in full accord and satisfaction of all past and future liability originating under any clause in the Contract by reason of this revision to the Contract. Recommended by City Engineer Date Agreed to by Contractor Date Accepted by Owner Date FAX (214) 352-3201 TELEPHONE (214) 358.6581 11-22-C. 0/~09:58 RCVD ED BELL CONSTRUCTION COMPANY POST OFFICE BOX 540787 10605 HARRY HINES DALLAS, TEXAS 75354-0787 DALLAS. TEXAS 75220 November 17.2()00 Mr. Michael A. Martin, P.E. Engineering and Public Works City of Coppell 255 Parkway Blvd. Coppell, Texas 75019-4409 Coppell Road Reconstruction SH 121 to Sandy Lake Road Coppell Project #: ST 98-01 Dear Mr. Martin: In response to your request for revised pricing for the sprinkler head adjustment pay item, we have been concerned about the open ended nature of the bid item and the additional risk assumed by EBCC if we lower our price per head. The pay item description defines the project limits for which EBCC must ensure that all sprinkler systems are fully functional. The pay item also states that EBCC is responsible for all work necessary to ensure that all sprinkler systems within the defined limits are fully functional and that all costs associated with ensuring that the sprinkler systems are ~il ll v functioual must be incorporated into the sprinkler head adjustment pay item. With a quantity of only twenty heads set up in th contract, it was our belief that the work would prinmrily involve investigating the location of the heads, capping sprinkler leads at the ROW, and extending those leads into the ROW after completion of the paving. Based upon the investigations completed to date and evaluations conducted by our irrigator, it is our belief that 236 heads will be required and the majority of the problems with the existing systems have been identified. Within the defined project limits, EBCC has encountered five separate sprinkler systems that had to be completely removed and replaced within the City's ROW. These systems are spread out over 3500 LF of the project and will require valve work. xviring, new water line, and new heads. Our lump sum price for this work is $46,964. As stated previously, EBCC has removed the sprinkler systems and and is currently in the process of replacing the systems. Wc arc proceeding with the work necessary to complete this project and the sprinkler work that must be completed prior to completion of the parkway. The work in question is within the scope of work defined by the sprinkler head adjustment pay item and must be completed prior to completion of the parkway. If it is the City's intent to not pay for this work or to remove ..'ids work from EBCC's cona'act, then please direct EBCC to stop work on this item. ['lease note that EBCC has already incurred costs associated ~vith this bid item and would expect to be compensated li,' those costs should the City elect to remove this item from the contract If you have any questions regarding this information, don't hesitate to contact our office. S' cerely. ompany oben - ',: ~" R D \\ Ic~ Project Manager xc: Mr. A. Scott Maughn, E.I.T., Freese and Nichols, Inc., 1701 N. Market Street Suite 500 LB51, Dallas, Texas 75202 AN EQUAL OPPORTUNITY EMPLOYER ITY^ 8x COUNCIL MEETING: December 12, 2000 ITEM # ITEM CAPTION: Consider approval of extending Bid/Contract #Q-0999-01 due to expire January 31, 2001 for the purchase of various types of sign materials to Road Runner Traffic Corp.; American Traffic Safety Materials; Hall Signs, Inc.; Nippon Carbine Ind., Inc.; Fender Enterprises; and Centerline Supply, Inc. in an amount not to exceed $20,000 as budgeted in the FY 00/01 budget. SUBMITtED BY: TITLE: Glenn D. Hollowell, RE. Asst. Director of Public Wo~ STAFF COMMENTS: Bid # Q-0999-01 Sign Materials dosed Friday, October 15, 1999 and was awarded to several vendors at the January 11, 2000 Council meeting. The current contract is set to expire January 31, 2001. The original bid allowed for yearly extensions. The vendors: Road Runner Traffic Corp.; American Traffic Safety Materials; Hall Signs, Inc; Nippon Carbine Ind., Inc.; Fender Enterprises; and Centerline Supply, Inc. have agreed to extend their contracts through January 31, 2002. Staff recommends approval of extending Bid/Contract # Qo0999-01 for the purchase of various types of sign materials and will be available to answer any questions at the Council meeting. BUDGET AMT. $ FINANCIAL COMMENTS: The funds for this DIR. INITIALS: ~ AMT. EST. $ item are budgeted in FIN. REVIEW: Agenda Request Form - Revised 5/00 +X-BID $ the Traffic ~~n ro v s on. ~ Document Name: #eng4 Memorandum Date: December I, 2000 To.' From: Re: Sign Materials Bid # Q-0999-01 Sign Materials closed Friday, October 15, 1999 and was awarded to several vendors. The current contract is set to expire January 31, 2001. We have asked the vendors to extend the contract for an additional year. All replied and agreed. Attached are copies of the letters from the vendors. With the extension the currein contract will be valid through January 31, 2002. The contract extension must be approved by City Council. If you have any questions or concerns please feel free to contact me. Jim Ragsdill CPPB JR.'ja October 12, 2000 Ms. Marilyn Edlund Roadrunner Traffic Supply P.O. Box 122837 Ft. Worth, TX 76121 Dear Ms. Edlund: Request for bid Q~0999~01 Sign Materials closed on Friday, October 15, 1999. Portions of this contract were awarded to Roadrunner Traffic as highlighted in the enclosed spreadsheet. The current contract will expire January 31,2001. The City of Coppell would like to extend this contract for an additional year with your firm. If you agree please sign and return one copyof this letter no later than October 25, 2000. If you have any questions or concerns please feel free to contact me at (972) 304-3643. Sincerely, Jim Ragsdill, CPPB Purchasing Agent /7- Date 255 PARKWAY tr P.O,BOX 478 W COPPELL TX 75019 lit TEL 972/462 0022 lit' FAX 972/304 3673 October 12, 2000 Ms. Sandi Fmnz American Traffic Safety Materials, Inc. PO Box 1449 Orange Park, FL 32067-1449 Dear Ms. Franz: Request for bid Q-0999-01 Sign Materials closed on Friday, October 15, 1999. Portions of this contract were awarded to American Traffic Safety Materials, Inc. as highlighted in the enclosed spreadsheet. The current contract will expire January 31, 2001. The City of Coppell would like to extend this contract for an additional year with your firm. If you agree please sign and return one copy of this letter no later than October 25, 2000. If you have any questions or concems please feel free :to contact me at (972) 304-3643. ' .................. Sincerely, '""'~" ''''~ '''~' ""' ~ Jim Ragsd~ Purchasing Agent ~p~Jt3 ~ ~'r~ Print/Type Name Title /Z)//7/a~O .... Date 255 PARKWAY 'llr P.O.BOX 476 'ltr COPPELL TX 75019 'A. TEL 972/462 0022 , FAX 972/304 3673 m m I i October 12. 2000 Ms. Chdstina Miller Hall Signs, Inc. P.O. Box 515 Bloomington, IN 47404 Dear Ms. Miller: Request for bid Q-0999-01 Sign Materials closed on Friday, October 15, 1999. Portions of this contract were awarded to Hall Signs, Inc. as highlighted in be enclosed spreadsheet. The current contract will expire January 31. 2001. The City of Coppell would like to extend this contract for an additional year with your firm. -If you agree please sign and mtum one copy of this letter nO later tha~ 'd~{ober 25, 2000. II~ you have any questions or cortcems please feel free to contact me at (972) 304-3643. !, CppC~~' Sincerely, Jim Ragsdil Purchasing Agent T~[s io/,,q, S//~ o Date October 12, 2000 Ms. Elisa Echevarria Nippon Carbide Industries, Inc. 3136 East Victoria Street Rancho Dominguez; CA 90221 Dear Ms. Echevarria: Request for bid Q-0999-01 Sign Materials closed on Friday, October 15, 1999. Portions of this contract were awarded to Nippon Carbide Industries, Inc. as highlighted in the enclosed spreadsheet. The current contract will expire January 31, 2001. The City of Coppell would like to extend this contract for an additional year with your firm. If you agree please sign and return one copy of this letter no later than October 25, 2000. If you have any questions or concems please feel free to contact me at (972) 304-3643. Sincerel3' ""~~~"'7' Jim.: Ragsdill., CPPB Purchasing Agent Title Ib-- 7,.000 255 PARKWAy , P.O.BOX 47B , COPPELL TX 75019 , TEL 972/462 0022 , FAX 972/304 3673 ! ! I ! " October 12, 2000 Mr. James L. Kirksey Fender Enterprises -191 Idlewild Cou~l ~ / G Highland Village, TX 75077 Dear Mr. Kirksey: Request for bid Q-0999-01 Sign Materials closed on Friday, October 15, 1999. Portions of this contract were awarded to Fender Enterprises as highlighted in the enclosed spreadsheet. The current contract will expire January 31,2001. The City of Coppell would like to extend this contract for an additional year with your firm. If you agree please sign and return one copy of this letter no later than October 25, 2000. if y0u h'~ve any questions or concerns please feel free to contact me at (972) 304-3643.~ Sincerely, Jim Ragsdill, CPPB F~urchasing Agent Print/Type Name ~4o_~,,,~/r//t4tt~t,,-J er-- Title /V~ Date 255 PARKWAY , P.O.BOX 478 , COPPELL TX 75019 , TEL 972/462 0022 , FAX 972/304 3673 i i I i ~ oq/l~q 23:38 972G411221 CENTERLINE SUPPLY PAGE 12, 2000 · ... ,ilrTumlinson ~ Supply, Inc. rle, TX 75051 ~Mr. Tumllrmon: Request for bid Q-0999-01 Sign Materials closed on Friday, October 15, 1999, Plotliens of this contract were awarded to Centedine Supply Inc. as highlighted in tits enclosed spreadsheet. The current contract will expire January 31, 2001. The City of Coppell would like to extend this contract for an additional year with If you agree please sign end return one copy of this letter no later than October have any questions or concems please feel free to contact me at (972) · 1legsdill, CPPB ..~sing Agent t P.O.mOX 418 tr COPPELL TX '/~019 (' TEL 97Z/46Z 002:2 ~' FAX 072/304 ', T i ! CITY COUNCIL MEETING: December 12, 2000 ITEM ITEM CAPTION: Consider approval of a contract for services from epixtech, Inc., Pwvo, UT, to upgrade the DYNK Library Management System to the Horizon Library Management System in the amount not to exceed $197,488.00 as budgeted and authorizing the City Manager to sign. SUBMITTED BY: Katl~een P. Metz Edwards TITLE: Library D~ector STAFF COMMENTS: See attached memo BUDGET AMT. $ AMT. EST. $ +X-BID $ FINANCIAL COMMENTS: The funds for this item are available in the Information Systems tenera1 ~et, (The possibility exists for a lease purchase,) DIR. INITIALS:~~ FIN. REVIEW: ',~ CITYMANAGER REVIEW: ) % Agenda Request Form - Revised 5/00 Dogmm~t Nsmec MEMORANDUM TO: FROM: DATE: Jim Witt, City Manager Kathleen P. Metz Edwards, Library Director December 1, 2000 SUBJECT: epixtech In~ Contract 12/12/2000 Council Agenda This contract allows for the city to enter into a contract with epixtech, Inc. (QISV 1-87-040-2421-700) to upgrade its DYNIX, character-based, L~rary Management System, to its Horizon, client-server, Sybase relational database system with a full Graphical User Interface (GUT). The contract provides for purchase, implementation, training, data conversion/cleanup, first-year hardware maintenance and upgrades of the system. The contract also provides the hardware and software for a 50-seat Desktop Management System to manage the h'brary' s microcomputers via MicrosoR' s SMS (Systems Management Server) and a sub- license to use the Sybase software. The library' s current UNISYS 6000 platform will no longer be supported by epixtech after June 30, 2001. Upgrading to Horizon provides for greater functionality and ease of citizen use, as we will be moving from a character-based system to one that fully utilizes Web technology. The Horizon upgrade also provides the infrastructure for remote citizen anthentication. Remote authentication is the first step in providing citizens access to remote databases via the library in a 24 hour per day, 7 day a week environment. Citizens Want to access electronic collections when the facility is closed. Horizon also provides increased functionality for the library' s remote web-based catalog, allowing citizens to place holds, check availability, renew materials, etc., from their homes or their offices via the world-wide-web. Horizon has an automated telephone access system that allows citizens to check their records, renew books, and cancel holds from any touch-tone phone, 24 hours per day. This contract provides for the server hardware, software, upgrades, and first-year hardware maintenance. Clients (microcomputers) are not included in this contract. Purchase and License Agreement between epixtech, inc. and The City of Coppell Section TABLE OF CONTENTS Paine 1. FURNISHING OF EQUIPMENT AND SOFTWARE ......................................................................................................................1 2. CONTRACT DOCUMENTS ..............................................................................................................................................................1 3. DEFINITION OF TERMS ...................................................................................................................................................................1 4. RISK OF LOSS ....................................................................................................................................................................................2 5. WARRANTY .......................................................................................................................................................................................2 6. PAYMENT SCHEDULE .....................................................................................................................................................................3 7. TAXATION ..........................................................................................................................................................................................3 8. SOFTWARE LICENSE .......................................................................................................................................................................4 9. PATENT AND COPYRIGHT PROTECTION ..................................................................................................................................6 10. INDEMNIFICATION AND LIMITATION OF LIABILITY ............................................................................................................6 1 I. INSURANCE .......................................................................................................................................................................................7 12, LIBRARY RESPONSIBILITIES ........................................................................................................................................................7 13. ASSIGNMENT .....................................................................................................................................................................................7 14. NO WAIVER ........................................................................................................................................................................................8 15. FORCE MAJEURE ..............................................................................................................................................................................8 16. NOTICES ..............................................................................................................................................................................................8 17. SEVERABILITY ..................................................................................................................................................................................8 18. GOVERNING LAW ............................................................................................................................................................................8 19. NONDISCRIMINATION ....................................................................................................................................................................8 20. AGREEMENT EXTENSION AND MODIFICATION CLAUSE ....................................................................................................8 21. RETURNS ............................................................................................................................................................................................9 22. NON-COLLUSION COVENANT ......................................................................................................................................................9 23. HEADINGS NOT CONTROLLING ..................................................................................................................................................9 24. STATEMENT OF CONFIDENTIALITY ...........................................................................................................................................9 25. ENTIRE AGREEMENT ......................................................................................................................................................................9 26. DUPLICATE ORIGINALS .................................................................................................................................................................9 RIDERS A. CONFIGURATION ...........................................................................................................................................................................R- 1 B. OPERATING SYSTEM LICENSE .................................................................................................................................................R-I 1 C. TESTING PROCEDURES ..............................................................................................................................................................R- 12 D. TAXES ............................................................................................................................................................................................R-23 E. WORKSTATION REQUIREMENTS ...........................................................................................................................................R-24 F. MAINTENANCE AGREEMENT .................................................................................................................................................R-25 PURCHASE AGREEMENT This Agreement is made and entered into by and between epixtech, inc. (hereinafter referred to as "epixtech"), having its offices at400 West 5050 North, Provo, Utah 84604 and the City of Coppell (hereinafter referred to as the "City"), having its offices at Town Center, 255 Parkway, Coppell, Texas 75019. The term "epixtech" shall also refer to the company, its agents, suppliers, and its subcontractors. RECITALS WHEREAS, the City is currently licensed to use epixtech software in the UniVerse database environment and is desirous &changing to an SQL-based database environment; and WHEREAS, the City desires to contract with epixtech to obtain the Equipment, licenses to the Software, and Network Hardware, and other services described herein to migrate to a SQL-based database environment, and epixtech desires to contract with the City to provide said Equipment for use in its municipal library, license to the Software and Network Hardware, and the services described herein; NOW THEREFORE, in consideration of the mutual covenants, promises and undertakings contained herein, the parties hereto hereby agree as follows: FURNISHING OF EQUIPMENT AND SOFTWARE Subject to the terms and conditions set forth herein, epixtech agrees to provide at locations specified by the City, and the City hereby agrees to purchase the goods and services, Equipment, and software licenses set forth in Rider A. CONTRACT DOCUMENTS The contract documents are this Agreement, including the following Riders attached hereto: Rider A. Configuration Rider B. Operating System License Rider C. Testing Procedures Rider D. Taxes Rider E. Workstation Requirements Rider F. Maintenance Agreement Rider G. Tax Exempt Certificates Each of these documents are attached hereto and incorporated herein by this reference as if set forth in full, and shall constitute a part of this Agreement. The failure of this Agreement to include reference to any matter contained in any other contract document shall not be deemed to constitute a conflict. DEFINITION OF TERMS A. Equipment: The items listed on Rider A hereto under the subheadings Server Hardware and Server Accessories. The City of Coppell - Page 1 CONFBDENTIAL AND PROPRIETARY C. Do System.' The total complement of Equipment and Licensed Software furnished and maintained by epixtech which operates on the Database Server and on Workstation(s) supplied by the City. Licensed Software (or Software): Each epixtech-brand Licensed SoRware product listed in Rider B under the subheading Core Software, including machine-readable object code (not source code) for such product, any user documentation for such product, and any other related materials which are furnished to the City by epixtech for use in connection with such product, as well as any epixtech-developed software modules that are purchased subsequent to this Agreement. Database Server.' The computer equipment set forth in Rider A under the subheadings Database Server Hardware and Database Server Accessories acquired and operated by the City to provide database management services in connection with the Licensed Soleware. WebPAC Server.' The computer described in Rider A under the subheading WebPAC Server acquired and operated by the City to provide web access and gateway services to the Database Server in connection with the Licensed SoRware. Workstation: An end user machine provided by the City on which client software operates to access the Database Server and which meets or exceeds the specifications required for operation of the Licensed Software. G. Network Products.' Those items set forth in Rider A under the subheading Network Products. RISK OF LOSS epixtech is responsible for all risks of loss or damage to Equipment and/or Network Products furnished under this Agreement until delivery is made inside the City premises. Thereafter the City will be responsible for risks of loss or damage, except for loss or damage caused by epixtech in the process of installation. Title to the Equipment shall pass from epixtech to the City upon completion of the Equipment installation. WARRANTY A. epixtech warrants that epixtech has the right to license the Licensed Software and to sell the Equipment, and other products which are described in Rider A of this Agreement. B. epixtech warrants that the Licensed Software delivered will comply with the functions defined by the user manuals. C. epixtech warrants that all of the Equipment described in Rider A will be delivered new and not as "used" Equipment unless the fact that Equipment has been used has been disclosed to and approved by the City. epixtech warrants that the Software modules intended to replace the City's existing Dynix modules shall be maintained by epixtech at epixtech's expense for a period of six (6) months from installation. Newly purchased Soilware modules shall be maintained by epixtech at epixtech's expense for a period of one (1) year from installation. E. Equipment comes with a manufacturer's warranty. The City ofCoppell - Page 2 CONFIDENTIAL AND PROPRIETARY epixtech warrants that it is an authorized distributor for the sublicensed software and that with the execution of this Agreement, the City will have the right to use the sublicensed software needed for operation of the System. The warranties specified above do not cover damage, defect, maifunctions or failure caused by: (i) failure by the City to follow epixtech's and the manufacmrer's installation, operation, or maintenance inslructions or its failure to fulfill its obligations under this Agreement, (ii) the City's modification or relocation of the Designated Server, (iii) the City's abuse, misuse or negligent acts, (iv) power failures or surges, lightning, fire, flood, accident, actions of third parties and other events (including those described in Section 15), outside epixtech's reasonable control, and (v) improper operating environment for the Equipment, including insufficient electrical and telecommunications connections. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES OF ANY TYPE WHETHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. , PAYMENT SCHEDULE epixtech shall submit all invoices to the City at the address shown in the furst paragraph of this Agreement. The City is solely responsible for payment of all invoices. epixtech will not provide multiple invoices or bill entities other than the City, including consortium members or governing boards, unless stated otherwise in this Agreement. Invoices shall be considered past due 30 days after the date shown thereon. Late invoices are subject to 1~% per month interest charge (18% per annum). completion of contract milestones as shown below: *MILESTONE % PAYMENT AMOUNT Contract Signing 10% 19,749 Staging &Completion of Hardware Functionality Test 50% 98,743 Delivery of Database Server 10% 19,749 Delivery of Core Pak & Completion of Dam Load Test* * * 15% 29,623 Completion of Training* * * * 5% 9,875 Completion of Module Functionality Tests * * 10% 19,749 Payment is due upon invoice for successful TOTAL 100 % $197,488 * Any applicable sales taxes will be added to your invoice. ** Must be completed or waived within 30 days of training. *** Completed in accordance with Rider C, Schedule 2. ****Training must be scheduled by the City Library within ninety (90) days of installation. If training is not scheduled at the end of ninety days, the invoice will be due. 7. TAXATION The City ofCoppell - Page 3 CONFIDENTIAL AND PROPRIE~AKY The City shall identify to epixtech all sales and use taxes which it may be required to pay in the execution of this Agreement. The City agrees to indemnify epixtech for all taxes which epixtech may be required to collect and pay or have not been paid by the City, together with any legal fees, penalties, interest and/or other charges which may be incurred by epixtech in relation to the assessment and payment of taxes in the event the City fails to identify all such taxes. If the City is exempt fi'om taxes, photocopies of applicable certificates demonstrating exemption shall be provided by the City prior to the execution of this Agreement, which are attached hereto as Rider G. SOFTWARE LICENSE A. GENERA L Subject to the terms and conditions hereinafier set forth, epixtech hereby grants to the City a nontransferable, nonassignable, nonsublicenseable, nonexclusive and royalty-free license (the "License") to use the Licensed Software solely in the conduct of the business of the City Library on the Database Server and Workstations for the number of seats shown in Rider A. Licensed Software will be provided by epixtech to the City pursuant to the terms of this Agreement, only in machine-readable object code. The City acknowledges that by virtue of this License, the City acquires only the right to use the original and permitted duplicate copy of the Licensed Software as described herein and does not acquire any rights of ownership in the Licensed Software which rights shall remain exclusively with epixtech. The term of License shall commence upon delivery of the first module of Licensed Software and shall remain in force as long as the City is in compliance with all the provisions of the Agreement. B. RIGHT TO COP Y No portion of the Licensed Software or any updates or enhancements to the Licensed Software may be duplicated by the City except that the City may make one copy of the machine-readable portion thereof for normal security backup purposes, provided that the City properly reproduces on such copy all notices of epixtech's patent, copyright, trademark, and/or trade secret rights. C TITLE TO SOFTWARE epixtech retains ownership of all Licensed Software and related documentation. Within thirty (30) days from the date of the City's discontinuance of the use of any portion of the Licensed Sofrware licensed hereunder, the City shall furnish epixtech with written notice certifying that through its best efforts and knowledge, all machine-readable code, user documentation or other related materials provided to the City with such Licensed Software, including any copy thereof, whether in whole or in part, have been destroyed or returned as follows: All documents relating to such discontinued portion of the Licensed Software shall be returned to epixtech; and The originals and all copies of any machine-readable materials containing all or any portion of the discontinued Licensed Software shall be destroyed or purged so as to totally remove from such machine-readable materials all codes relating to the discontinued portion of the Licensed Software. D. MATERIALS DE VELOPED B Y epixtech OR THE CITY The City agrees that all training and procedural materials developed by epixtech in conjunction with the Licensed Software shall be the property of epixtech. The City further agrees that additions and The City ofCoppell - Page 4 CONFIDENTIAL AND PROPPdETARY supplements to the Licensed Software which may be developed for the City through the reimbursed or unreimbursed efforts of epixtech employees or agents shall be the exclusive property of epixtech. All sotSare, training and procedural materials developed by the City acting without epixtech shall be the exclusive property of the City. E. PROPRIETARY RIGHTS epixtech retains for itself, and the City acknowledges that epixtech so retains, all proprietary rights in and to all designs, engineering details, and other software pertaining to the System, and any and all such Systems. The Licensed Software shall be deemed to be the trade secrets of epixtech. The City shall not reverse assemble, reverse compile or translate any portion of the Licensed Soilware. F. PROTECTION OF PROPRIETARY INFORMATION The City recognizes and agrees that all Licensed Software, updates and upgrades of Licensed Software which are provided to the City: 1. are considered by epixtech to be trade secrets of epixtech; 2. are furnished by epixtech to the City in confidence; and 3. contain proprietary and confidential information. epixtech's placement of a copyright notice on any portion of any Licensed Software or any update to such Licensed Software will not be construed to mean that such portion has been published and will not derogate fi'om any claim that such portion is a trade secret or contains proprietary and confidential information of epixtech. The City agrees to hold all such Licensed Software and updates and enhancements to the Licensed Software, in confidence at least to the extent that it protects its own similar confidential information and to take all reasonable precautions consistent with general accepted standards in the data processing industry to safeguard the confidentiality of such information. No portion of any update or enhancement to the Licensed Software may be disclosed, furnished, transferred or otherwise made available by the City to any person except to those of its employees who need to use such information in accordance with this Sof~svare License. The City agrees to take appropriate action by instruction, agreement and otherwise with its employees to inform them of the trade secret, proprietary, and confidential nature of the Licensed Software and the updates and enhancements disclosed to the City under this Agreement, and to obtain their compliance with the terms hereof. The obligations of this paragraph will survive the termination of this Agreement. G. ACCESS TO SOURCE CODE Copies of the Licensed Software in machine-readable source code along with necessary documentation for installing, maintaining or modifying the Licensed Software have been deposited with Data Securities International, Inc., of San Diego, California, under a deposit agreement. epixtech shall maintain in good force for the duration of this Agreement a deposit agreement and will not cancel or modify said deposit agreement without thirty days notice to the City. The City shall be entitled to access the materials in escrow if, i) it is covered at the time of request by sot'avare maintenance and, according to the terms of the deposit agreement, essential services cannot be made available to the City by epixtech; and ii) the City is a registered licensee with Data Securities International, Inc. The City may become a registered licensee The City ofCoppell - Page 5 CONFIDENTIAL AND PROPRIETARY either directly with Data Securities International, Inc. or by becoming a member of the Horizon Software Users' Group which is itself a registered licensee. PATENT AND COPYRIGHT PROTECTION epixtech will: (1) assume the defense of any suit brought against the City for intiingement of any North American patent or copyright to the extent it is based upon the Equipment or Licensed Software provided under this Agreement; (2) deliay the expense of such defense; and (3) indemnify the City against any monetary damages and/or costs in such suit; provided that: (1) epixtech is given sole and exclusive control of the defense of such suit and sole and exclusive control of negotiations relative to the settlement thereof; (2) the liability claimed shall have arisen solely because of epixtech's selection as to the design or composition of the Licensed Software or the Equipment, and that the Licensed Software or the Equipment is used by the City in the form, state or condition as delivered by epixtech; (3) that the City shall have substantially performed all of its obligations under this Agreement; and (4) that the City provides epixtech with written notice of any claim with respect to which the City asserts that epixtech assumes responsibility under this Article within 10 days of receipt of notice of such a claim by the City. Should any Equipment or Licensed Software which has not incurred any unauthorized modifications or combinations become, or in epixtech's opinion be likely to become, the subject of a claim of infringement, then the City shall permit epixtech, at epixtech's option and expense, either to: (i). procure for the City the right to continue using the Equipment and Licensed Software, or (ii). replace or modify the Equipment or Licensed Software so that it becomes non~infi'inging and functionally equivalent, or upon failure of (i) and (ii), despite the reasonable efforts of epixtech, (iii). buy back the Equipment or Licensed Software at an amount based upon a three-year prorated value. THIS ARTICLE STATES THE ENTIRE LIABILITY OF epixtech FOR PATENT OR COPYRIGHT INFRINGEMENT BY THE LICENSED SOFTWARE OR THE EQUIPMENT OR ANY PORTIONS THEREOF. 10. INDEMNIFICATION AND LIMITATION OF LIABILITY epixtech will assume the defense of, and indemnify and save harmless, the City, its officers and employees from and against all damages and liability resulting directly from gross negligence or willful misconduct of epixtech in the performance of this Agreement. epixtech will effect the repair or replacement of the system or correct the performance of its services in accordance with Section 5, and this will constitute its and its suppliers' sole liability for any failure or defects of such system or services; epixtech's and its suppliers' liability on any claims for damages, losses or expenses arising out of this Agreement will be limited to direct damages and will not exceed the system purchase price, except as provided in Section 9, the preceding paragraph, or for personal injury and damage to tangible personal property claims; NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NEITHER epixtech, ITS AFFILIATES, SUBSIDIARIES, PARENT CORPORATION, ANY OF 1TS PARENT CORPORATION'S AFFILIATES OR SUBSIDIARIES, INCLUDING THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, NOR epixtech SUPPLIERS, INCLUDING THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS NOR THEIR SUBSIDIARIES, SHALL BE LIABLE TO OR THROUGH THE CITY FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE OR FAILURE TO REALIZE EXPECTED SAVINGS) SUSTAINED OR INCURRED IN The City of Coppell - Page 6 CONFIDENTIAL AND PROPRIETARY CONNECTION WITH THE PERFORMANCE OR NONPERFORMANCE OF WORK UNDER THIS AGREEMENT AND ANY AMENDMENTS THERETO, OR THE PROVISION, USE OR OPERATION OF THE SYSTEM OR SERVICES PROVIDED OR SOLD HEREUNDER, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE; THIS SECTION I0 SHALL SURVIVE FAILURE OF ANY EXCLUSIVE REMEDY. 11. INSURANCE During the performance of this Agreement, epixtech will maintain in full force and effect the following insurance coverage: ,4. WORKER'S COMPENSATION Full Worker's Compensation in full compliance with applicable state statutes. B. GENERAL LIABILITY INSURANCE epixtech shall provide sufficiently broad coverage to include: General Liability Insurance Personal Injury Liability The amount of the policy shall be no less than $1,000,000 Single Limit per occurrence and no more than $2,000,000 in the aggregate, issued by an insurer licensed to do business within the State of Texas. epixtech will have a certificate of insurance completed and filed with the director of the City within thirty (30) days of the execution of this Agreement. No cancellation, change in coverage, or expiration by the insurance company or the insured shall occur during the term of this contract, without thirty (30) days written notice to the City prior to the effective date of such cancellation or change in coverage. 12. LIBRARY RESPONSIBILITIES The City will, at its own expense, prepare the site or sites for installation of the Database Sewer, Workstations, and network it has acquired to run the Software. The City will provide epixtech with adequate and timely support or information with regard to its administrative, operational and management procedures, and any data necessary to effectively complete installation or implementation of the System and other products. Once the installation has been completed, the City will manage and operate the System and other products. 13. ASSIGNMENT No assignment of this Agreement or any right or interest heroin by either party will be effective unless the other party has given its written consent to such assignment. However, epixtech may assign this Agreement to an affiliate or subsidiary of epixtech or its parent corporation within its corporate structure, including its affiliates, subsidiaries and parent corporation, or assign its rights to receive payments hereunder without the City's consent. The City ofCoppell - Page 7 CONFIDENTIAL AND PROPRIETARY 14. NO WAIVER No waiver of any breach of any term or condition of this Agreement shall be construed to waive any subsequent breach of the same or any other term or condition of this Agreement. 15. FORCE MAJEURE The parties will exercise every reasonable effort to meet their respective obligations hereunder but shall not be liable for delays resulting ~'om force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any Government law or regulation, acts of God, acts of omission, fires, strikes, lockouts, national disasters, wars, riots, transportation problems and/or any other cause whatsoever beyond the reasonable control of the parties. 16. NOTICES All notices given hereunder will be sent registered, certified or overnight delivery, addressed to the other party at the addresses shown in the first paragraph of this Agreement or such other address as either party may specify in writing. 17. SEVERABILITY If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 18. GOVERNING LAW This Agreement shall be governed by the laws of the State of Texas. It is expressly agreed and stipulated that this contract shall be deemed to have been made and to be performable in Dallas County, Texas. All questions concerning the validity, interpretation, or performance of any of its terms or provision, or of any rights or obligations of the parties hereto, shall be governed by and resolved in accordance with the laws of the jurisdiction. 19. NONDISCRIMINATION Neither epixtech, nor any officer, agent, employee, servant or subcontractor of epixtech shall discriminate in the treatment or employment of an individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex or disability unrelated to job performance, either directly, indirectly or through contractual or other arrangements. 20. AGREEMENT EXTENSION AND MODIFICATION CLAUSE The City ofCoppell - Page 8 CONFIDENTIAL AND PROPRIETARY The Agreement may be modified or extended in accordance with the following procedures: In the event that all parties to the Agreement agree that such changes would be of a minor and nonmaterial nature, such changes may be effected by a written statement which describes the situation and is signed, prior to the effectiveness, by both parties. In the event that the changes are determined by either or both parties to the Agreement to be of a major or complex nature, then the change shall be by formal amendment of the Agreement signed by the parties and made a permanent part of the Agreement. 21. RETURNS The City may incur restocking fees and other like assessments if it changes the types and quantities of items purchased under this Agreement after the items have been ordered. Compaq Computer Corporation and Dell Marketing, LP will not allow the City to return items. Hewlett Packard will not allow the remm of their PC's. Should epixtech order items for the City from these companies, the City will be responsible for the cost thereof. 22. NON-COLLUSION COVENANT epixtech hereby represents and agrees that it has in no way entered into any contingent fee arrangement with any firm or person concerning the obtaining of this Agreement with the City. epixtech has received from the City no incentive or special payments, or considerations not related to the provision of automation systems and services described in this Agreement. 23. HEADINGS NOT CONTROLLING Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 24. STATEMENT OF CONFIDENTIALITY The contents of this document are unpublished, proprietary and confidential and may not be copied, disclosed, or used, in whole or in part, without the express written permission ofepixtech, except to the extent required by law and insofar as is reasonably necessary in order to review and evaluate the information contained herein. 25. ENTIRE AGREEMENT The terms contained in this Agreement and any attachment(s) referred to herein constitute the entire agreement between the parties with respect to the subject matter hereof, superseding all prior understandings, proposals and other communications, oral or written. Neither party shall be bound by any pre-printed terms additional to or different from those in this Agreement that may appear subsequently in the other party's form documents, purchase orders, quotations, acknowledgments, invoices or other communications. 26. DUPLICATE ORIGINALS The City ofCoppell - Page 9 CONFIDENTIAL AND PROPRIETARY This Agreement may be executed in duplicate originals. Each duplicate signed by both epixtech and the City shall be deemed an original copy of the Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement, which shall inure to the benefit of and be binding upon the successors of the respective parties, to be signed and entered as of the last date indicated below. epixtech, inc. The City of Coppell By: By: Title: Title: Date: Date: The City ofCoppell - Page 10 CONFIDENTIAL AND PROPRIETARY RIDER A CONFIGURATION # 33585 Coppell Public Library Quote #33585 This is an estimate based on the following information: Dynix to Horizon Platform Conversion on New Server Number of Seats Number of Bibliographic Records Number of Holdings Number of Patrons Number of Authority Records COST SUMMARY 48 100,000 120,000 26,000 250,000 Software Core Software Additional Software Database Software Peripheral Software Services Data Services Implementation Services Network Services Training Hardware Server Hardware Server Accessories Network Hardware Peripheral Hardware Bundled Hardware System Subtotal Shipping: Total Discount: $70,438.00 $22,463.0~ $21,131.4~ $2,000.0~ $116,032.4~ $15,000.00 $7,000.0~ $16,095.0~ $23,472.00i $4,547.90 $46,842.35 $11,194.00 $18,200.00 $104~56.25 $263,133.65 $809.70 -$66,455.35 The City of Coppell - Page R-I CONFIDENTIAL AND PROPRIETARY ~GRAND TOTAL $197,488.00B Note: Unless otherwise noted this configuration does not include sales tax Note: epixtech, inc. configures all systems to be accessed over a network (LAN/WAN) using the TCP/IP Protocol. If any workstation (terminal or PC) requires a serial connection to the server, a terminal server and any necessary additional equipment will be required. Unless specifically included in this quote, the library is responsible for furnishing such equipment. HARDWARE SUMMARY FOR DATABASE SERVER Dell PowerEdge 2400 Server, 866 MHz Current Processor(s) 2 x 866 Pentium III Total Memory 2,048 MB Total Disk Space (GB) 54.6 (all disks) Number of Disk Drives 6 Based on RAID 1/0 (Mirror and Stripe) disk configuration. Monitor 15 Inch Monitor Maximum 2 x 866 Pentium III 2048 MB 108 (internal disks) 6 HARDWARE SUMMARY FOR iPAC SERVER Dell PowerEdge 2400 Server, 866 MHz Processor(s) Total Memory Total Disk Space (GB) Number of Disk Drives Monitor Current 1 x 866 Pentium III 256 MB 36.4 (all disks) 4 15 Inch Monitor Maximum 2 x 866 Pentium III 2048 MB 108 (internal disks) 6 The City of Coppell - Page R-2 CONFIDENTIAL AND PROPRIETARY Unit Extended Annual Q_ty. Item Description Price, Price Maint NO I:T\X A R 1'2 CORE SOI::'FWA.__R.!i."= 1 Public CorePak License 26-50 Seats Tier 34,884 34,884 Public CorePak includes Cataloging, Circulation, PAC, iPAC / WebPAC, and Inventory 1CorePak+2: Acquisitions License 26-50 Seats Tier 1CorePak+2: Serials License 26-50 Seats Tier 5,233 48Per Seat License 26-50 Seats Tier 6,977 6,977 1,047 6,977 6,977 1,047 1EDI Suite (Enriched BISAC, X I2, and EDIFACT) 6,000.00 1 Remote Patron Authentication License 26-50 Seats Tier 4,984 1 PC Reliance 2.0 (26-50 Horizon users, 3 Expanded, Unlimited Base) 4,984 1 SIP Protocol I-Iorizon Interface, per host server 5,000 1 WebCheck 1,495 450 21,600 3,240 Note: Webcheck is not currently available for Horizon. It is planned for development - release date pending. 6,000.00 900.00 4,984 748 4,984 598 5,000 750 1,495 224 DATABASE SOF'FWARE 1 Database Software (30% list) 2E~y Ask for Horizon (1-10 clients) SUBTOTAL - Software %I.21~VI('E% DATA SERVICES DATA CONFErION SER FICES 1 System Reimplementation SeNices 26-50 Seats Tier 21,131 21,131 3,170 1,000 2,000 0 116,032. 16.955 10,000 10,000 0 The City ofCoppell - Page R-3 CONFIDENTIAL AND PROPRIETARY Qty. Item Description HORIZON DATA LOAD SERVICES 1 Authority Record Tape Load ($.02 per record) Requirements: The library must provide clean MARC ready to load. Unit Extended Annual Price, Price, Maim 5,000 5.000 0 1MPLEMEN"I'ATION SEP, VICES 2Pre-insta!lation and Database Design Planning Days Profile and map system, determine indexes and MARC maps, decide collection and location codes, circulation privileges, borrower types and barcodes (to be held at epixtech, inc.) [ on-site-visit/conference-call with project lead to layout project plan 1 SQL Server Setup/Staging 1 iPAC / WebPAC Staging Fee Includes: 1,500 3,000 0 I Installation of default iPAC templates and configuration files. AshurNet Enterprise Network Browser 1 Enterprise Network Browser Server AshureNet Enterprise Network Browser (first 100 interfaces) 1 2,000 2,000 0 1AshureNet Enterprise Network Browser Software Subscription 1 AshureNet Enterprise Network Browser epixtech support Installaiton, Integration & Training of the LAN Monitor Tool and 1AshureNet Enterprise Network Browser 5350 5350 0 4995 4995 2250 750 750 0 1500 1500 0 'I'R:MN I NG SERVICES 6.0Base On-Site Training Days Training for: - QuickStart Horizon System Administration - Cataloging for Windows - Circulation - iPAC - Acquisitions - Serials 3500 1.5Additional Onsite Training Days Training for: - PC Reliance 3500 N/C N/C 0 1,500 2,250 0 The City ofCoppell - Page R4 CONFIDENTIAL AND PROPRIETARY Item Description - RPA - SIP Protocol On-site 7)'aining Notes 1. On-site Training is restricted to a maximum of 8 people per session. 10.0Workshop Training Units Unit Extended Annual Price Price, Maim 250 2,500 0 SUBTOTAl., - Services I I :\ R i)X~,' A R E SERVER HAI~.DWARE DATABASE SERVER 1 Dell PowerEdge 2400 Server, 866 MHz 2 x 866 Pentium III Processor(s) with 256 KB cache 2048 MB ECC SDRAM Memory 6 x 9.1 GB 10000 RPM Hot Swappable Disk(s) Media: 17/40 SCSI CDROM, 1.44 MB Floppy Tape: 20/40 GB DDS-4 Drive 15 Inch Monitor 13 Year, 4-Hour Onsite Warranty Uplift 42,845, 2,250 12,775 12,775 1,916 Note: epixtech antic'ipates' 16 external iP/tC/WebP,4C users Please be ac~,Zs'ed that additional iPAC ,," H'~bP,dC users will increase the load on the database server. 7~ avok[ peC/brmance degradation additional resources mav be required. iPAC SERVER 1 Dell PowerEdge 2400 Server, 866 MHz 1 x 866 Pentium III Processor(s) with 256 KB cache 256 MB ECC SDRAM Memory 4 x 9.1 GB 10000 RPM Hot Swappable Disk(s) Media: 17/40 SCSI CDROM, 1.44 MB Floppy Tape: 20/40 GB DDS-4 Drive 15 Inch Monitor 13 Year, 4-Hour Onsite Warranty Uplift 0 0 N/A 5,929 5,929 889 0 0 N/A The City ofCoppell - Page R-5 CONFIDENTIAL AND PROPRIETARY Item Description OPERA TING SYSTEM AND SOFTWARE 2Windows NT 4.0 Server Software (CD-ROM) Includes: Client Access License (5 users) Unit Price, 799 Extended Price. 1,598 2PCAnywhere32 - 95/NT Host/Remote 2Cheyenne ARCserve 2000 2Cheyenne ARCserve Disaster Recovery 2000 195 695 695 390 ,390 ,390 OPERA TING SYSTEM SUPPORT 2OS Technical Support - Tier 2 (Standard) Includes: - Operating system tuning assistance - Operating system patches (upon request) - Phone support for general questions concerning the operating system - Phone coverage Monday - Friday, 6:00 a.m. - 6:00 p.m. Mountain Standard Time - Emergency coverage Monday - Friday, 6:00 p.m. - 9:00 p.m. Mountain Standard Time Annual Maint 5,20O 2Multitech 33.6K Modem with DB9 Cable 1 Tally T2155 Impact Printer, Network Kit 2Liebert Upstation GXT Online 1000 VA UPS 2Liebert SiteNet I for NT on CD 159 1,974 1,050 78 318 1,974 2,100 156 0 395 0 0 Quote #2917 -- kma -- 10/23/00 Network Performance Analysis 1 Desktop Management Performance Analysis 24 hour health check 3Desktop Management Performance Analysis Travel & Expenses Desktop Management System 1 DesBop Management Server 1 Management Software SQL 1 Management Software SMS Server 50Workstation PC Agent 1 Desktop Management Installation, Integration, and Training 7800 1500 5350 911 160 12 15000 7800 4500 5350 911 160 600 15000 The City ofCoppell - Page R-6 CONFIDENTIAL AND PROPRIETARY Qw. Item Description Travel & Expenses $1500/day for Desktop management 5 Implementation and Training 5 days required. 1 Desktop Management Year 1 Maintenance Support Tools 1 Lantronix LRS 2 - Remote Access Server 256KBPS Modem& Interface Cable Unit Extended Annual Price Price Maint 1500 7500 0 3500 3500 3500 1084 1084 219 438 Required but not included: -- Dedicated 120 Volt / 15AMP Power Receptacles for New Equipment -- Local 10BASE:I" (CAT 5) Cabling I I -- Desktop or 19" rack space tbr new equ ipmenl -- The branch locations will need ~o have a mininmm of 128 kbps connection. Network Con~l~uratiou Notes: [ ] -- Desktop Management Workstation PC Agent to be loaded on two systems, Additional workstation loads available lbr an additional fee. I ~- Maintenance tbes cover epixtech technical telephone support tbr Desktop Management Solution. -- Maintenance does not include software subscription fees unless explicitly stated, -- Maintenance fees are included for the first year. There is no warranty period. I - Break/fix hardware maintenance is subject to the manut~acturer's wan'anty terms and conditions PH~.IPHERAI.., HAR[)WARI:.i: WORKSTA TIONS BARCODE READERS 12Percon SnapShot l..aser Scanner for PC Mini PORTABLE DATA COLLECTION 2Percon Top Gun (network connection) Includes: 256 KB memory, Dock and Battery 495 5,940 1,188 1,595 3,190 638 Note: Portable Data (.'ollection./bnctionalit),./br INVENT()RY will be available in Horizon 6.0. PRINTERS 60mrdprint Impact Parallel Receipt Printer, Autocutter 344 2,064 414 The City ofCoppell - Page R-7 CONFIDENTIAL AND PROPRIETARY Item Description 1TeleCirc II - 2 Analog Lines SUBTOTAL - Hardware SYSTEM TOTAL Shipping: Existing Software Credits Q4 2000 Signing Discount Dynix Electronic Order Interface allowance Tolal Discount: Unit Extended Annual Price, Price, Maim 18,200 -32,955 -27,500 -6,000 18,200 2,730 104,256, 16.871 263,134 36,076 810 -66,455 GRAND TOTAL 197,488 36,076 The City ofCoppell - Page R-8 CONFIDENTIAL AND PROPRIETARY Limitation Notes to evixtech, inc. Confil!uration 1.Purchase prices are valid for 90 days fi'om the initial configuration. The prices listed are valid until :January 30, 200! 2.This configuration is based on our consultation with the library, as such epixtech, inc. reserves the right to modify the configuration components to meet the needs of the library should changes be requested by the library. 3.This configuration is a package quote. If changes or variations to this package are requested, epixtech, inc. reserves the right to re-create the configuration using current policy and current pricing. 4.All products in this configuration are subject to availability. epixtech, inc. reserves the right to substitute products with products of equal or greater value without notification. 5. If the library is unable to accept delivery of equipment due to delays on the library's part, the library will be responsible for any additional charges for required substitutions. 6.Maintenance figures shown for year 2 include a 10% discount for annual prepayment. Any changes to the configuration will affect the maintenance estimates. 7.Newly purchased hardware includes a one year from software installation manufacturer's warranty (subject to availability from the manufacturer). 8.Newly purchased software modules include a one year from installation warranty. 9.Existing Dynix clients who are current on their maintenance will receive a six month warranty on their existing modules. Any newly-purchased modules receive a one year warranty. 10. epixtech, inc. will not be responsible for any degradation of system performance caused by adding additional users without first consulting with epixtech, inc.. 11. epixtech, inc. will provide training for all graphical modules with the purchase of a Software CorePak. 12. epixtech, inc. recommends that Staff Workstations have the following hardware, or greater: - Pentium Ill 733 MHz Processor - 256 MB of Memory (RAM) - 1 GB of Disk Drive Space Available - Network Interface Card - Color SVGA Monitor - CD-ROM Drive The City ofCoppell - Page R-9 CONFIDENTIAL AND PROPRIETARY Mouse Windows NT v.4.0 13. epixtech, inc. recommends that PAC Workstations have the following hardware, or greater: - Pentium III 733 MHz Processor - 64 MB of Memory (RAM) - 100 MB of Disk Drive Space Available - Network Interface Card - Color SVGA Monitor - CD-ROM Drive - Mouse - Windows NT v.4.0 14. Recommended workstation specifications reflect the best market value that epixtech is able to provide to it's customers. 15.Should internal/external iPAC / WebPAC users increase above the anticipated number, epixtech reserves the right to review the configuration and recommend upgrades to the current server which could result in a price increase to the customer. 16. epixtech does not support appending additional peripherals to this configuration. If the customer would like epixtech to attempt to transfer existing peripherals to the new configuration, then that service is available at an additional charge. 17. It is theCity's responsibility to ensure that their independently purchased firewall / proxy server will interface with epixtech's products. Please contact your Sales Representative for recommended solutions. The City ofCoppcll - Page R-10 CONFIDENTIAL AND PROPRIETARY RIDER B OPERATING SYSTEM LICENSE The 1. following terms apply to the sublicense of Sybase Sofarare. Only a non-exclusive, nontransferable right to use the related software on a single computer system (designated by serial number or equivalent) is granted to the City and no right to use other Embedded Run-Time Version of the Sybase Program is granted; 2. epixtech and/or its licensor retain all title to the Licensed Copy, and all copies thereof, and no title to the Licensed Copy, or any intellectual property therein, is transferred to the City; 3. The City may not copy the Licensed Copy, except for backup and archival purposes only, and the !icensee shall include on all copies of the Licensed Copy all copyright and other proprietary notices or legends included on the Licensed Copy when it was shipped to the City; 4. The City agrees not to reverse assemble, decompile, or otherwise attempt to derive source code from the Licensed Copy; 5. The City agrees to comply with all export and re-export restrictions and regulations ("Export Restrictions") imposed by the governments of the United States. The City will not commit any act or omission which will result in a breach of any such Export Requirements; the City agrees that it will comply in all respects with any govemmental laws, orders or other restrictions on the export of the Program and the Licensed Copy (and related information and documentation) which may be imposed fi'om time to time by the governments of the United States and Canada ("Export Requirements"). The City will take all actions which may be reasonably necessary to assure that it does not contravene the Export Requirements. Without limiting the foregoing, the City agrees that unless prior authorization is obtained ~om the U.S. Office of Export Administration, it will not export, re-export or transship, directly or indirectly, to country groups Q, S, W, Y, or Z (as defined in the Export Administration Regulations) or Afghanistan or the People's Republic of China (excluding Taiwan), or disclose to any national or resident thereof, any of the technical data or sot~ware disclosed or provided to the City or the direct product of such technical data or data described on the Control List with a letter "A" following its Export termination of the Licensed Copy license agreement. 6. Although copyrighted, the Licensed Copy is unpublished and contains proprietary and confidential information of epixtech and its licensor and is considered by epixtech and its licensor to constitute valuable trade secrets. The City will hold the Licensed Copy in confidence and shall protect the Licensed Copy with at least the same degree of care with which the City protects its own similar confidential information; 7. epixtech's licensors of software included in the Licensed Copy are direct and intended third party beneficiaries of the license agreement and may enforce it directly against the City; provided however, that none of such licensors shall be liable to the City for any general, special, direct, indirect, consequential, incidental, or other damages arising out of or related to the Licensed Copy, and 8. Upon termination of the license for the Licensed Copy, the City shall return to epixtech all copies of the Licensed Copy, or certify to epixtech that the licensee has destroyed all such copies. The City ofCoppell - Page R-I 1 CONFIDENTIAL AND PROPRIETARY RIDER C Schedule 1 HORIZON HARDWARE FUNCTIONALITY TEST PURPOSE: The purpose of the Hardware Functionality Test is to ascertain that the City's Database Server supplied by epixtech is staged and operational. This test explanation is included for the City's information. TIMING: The Hardware Functionality Test will be performed by the epixtech installer immediately after successful staging of the Database Hardware Server at epixtech. PERFORMED BY: epixtech personnel. TEST METHODOLOGY: This examination will include the following tests as applicable for the Database Server supplied by epixtech then staged: (a) (b) (c) (d) Central Processing Unit(s) diagnostic test Memory unit(s) diagnostic test Disk storage/controller unit(s) diagnostic test. [Including the writing of a disk file, the reading of a disk file, and the erasure of a disk file.] Magnetic tape drive units(s) diagnostic test. [Including the writing of a file to tape, the reading of a file from tape.] ACCEPTANCE: The Equipment will be accepted, the title to the Equipment will transfer to the City, and the City will be obligated to pay invoices according to the payment schedule when all of the above tests are successfully completed. The City ofCoppell - Page R-12 CONFIDENTIAL AND PROPRIETARY RIDER C Schedule 2 DATA LOAD TEST PURPOSE: The purpose of the Data Load Test is to demonstrate and verify that the City Library's data files will be properly processed. TIMING: This test will be perfonned after all test records have been loaded and processed. This test may overlap other tests. PERFORMED BY: City staff in conjunction with epixtech staff. TEST METHODOLOGY: (1) The City and epixtech will jointly develop data load specifications. These specifications (the "Load Specifications") shall be set forth in writing by the City. epixtech will assist the City in identifying inaccuracies or deficiencies in the Load Specifications as revealed by actual loading and will work with the City to revise the Load Specification as appropriate. Revisions made as the result of inaccuracies in the Load Specifications may result in delays in record processing and additional charges. (2) The City shall identify by control number (e.g. ISBN, LCCN, OCLC) and provide on a mutually agreed upon medium (e.g., FTP, e-mail) for direct input up to ten thousand (10,000) bibliographic records and matching authority records if applicable, (the "Test Set") that shall be used to verify that processing will be done according to specifications. The City is responsible for selecting an accurate and representative Test Set. The records must include an identifiable match point (e.g. control number, ISBN, LCCN, OCLC # etc.) (3) epixtech shall develop and/or modify programs on the City's system to process the data files according to the Load Specifications. The City will then load the Test Set from tape via all epixtech documentation described methods. Thereafter, the City will execute all appropriate searching commands as described by current epixtech documentation. (4) The City shall have five (5) working days from the time epixtech delivers the processed record information for examination to review the Test Set and identify any discrepancies between the processed data and the Load Specifications. Notwithstanding the preceding, the City shall communicate with epixtech within two (2) working days of receiving the processed record information in order to discuss the progress of the City's review. Examples of discrepancies shall be clearly reported to epixtech. (5) epixtech will correct all reported problems as identified in (4) above. Steps 3-4 will be repeated until the Test Set is properly loaded according to the Load Specifications. (6) epixtech and the City agree that epixtech shall not be responsible for fixing problems not identified by the Load Specifications nor for correcting erroneous records supplied to epixtech by the City. The City ofCoppell - Page R-13 CONFIDENTIAL AND PROPRIETARY ACCEPTANCE: The Data Load Test shall be successfully completed when the Test Set has been processed to meet the Load Specifications. If epixtech receives no notice of load discrepancies within seven (7) working days of delivering the processed records information for examination, the test shall be deemed successful. Upon successful completion of the Data Load Test the City shall pay the applicable invoice. REMEDIES: In the event that epixtech is unable to successfully complete the test within 60 days of delivery of the first set of processed records to the City then the City may, at its option: (I) stipulate time extension in which epixtech must complete the Data Load Test and withhold all payments associated with the test which are due or may become due until the test is passed; or (2) declare epixtech in breach of contract and require epixtech to refund all monies paid to epixtech under this Agreement. epixtech shall have the fight, at its expense, to remove all Equipment, Licensed Sofhvare and supplies provided under this Agreement. These remedies shall be the City's exclusive remedies in the event epixtech is unable to pass the Data Load Test within sixty (60) days of delivery of the furst set of processed records to the City. The City ofCoppell - Page R-14 CONFIDENTIAL AND PROPRIETARY RIDER C Schedule 3 MODULE FUNCTIONALITY TEST PURPOSE: The purpose of the Module Functionality Test is to verify that the required functional capabilities of the Licensed Soft-ware purchased have been delivered. TIMING: Testing will coincide with the installation of the various modules and shall be completed or waived within thirty (30) days of training. PERFORMED BY: City staff. TEST METHODOLOGY: (1) The City Library shall initial the functional checklist for features observed and operational. (2) Functions which do not operate properly shall be noted and reported in writing to epixtech. (3) The City shall have thirty (30) days from the completion of training for a module to verify other functions which epixtech documentation indicates the Licensed Software will perform and submit any exceptions to epixtech in writing. (4) epixtech shall clarify and resolve all reported problems within thirty (30) days of receipt of report. Within seven (7) days of receipt of notice of resolution fi'om epixtech, the City shall retest the function and conf'trm that the function has or has not been resolved. (5) epixtech and the City agree that not all aspects of the software are reasonably testable in the time flame given (e.g. "two-year cumulative statistics") and that certain aspects (e.g. "user friendliness") are subjective. Untestable features or aspects of the Licensed Software shall not prevent the Module Functionality Test flom being accepted. ACCEPTANCE: The Module Functionality Test for a given module will be successfully completed and the City obligated to pay the applicable invoice when: (1) Each function of the appropriate functional checklist is operational, and (2) Each problem properly reported in the thirty (30) day test period has been resolved. In the event that epixtech receives no notice regarding non-functioning items within thirty (30) days of completion of installation, then the Module Functionality Test will be deemed to have been successfully completed and the City shall pay the appropriate invoice. The foregoing does not relieve epixtech of any obligation to make operational each The City ofCoppell - Page R-15 CONFIDENTIAL AND PROPRIETARY function as per the warranties of Section 5 of this Agreement. The thirty (30) day period will only be extended due to reasons of force majeure. REMEDIES: In the event that epixtech is unable to provide software to pass the Module Functionality Test within ninety (90) days of commencing the test, the City may, at its option: (1) grant epixtech further time to resolve the problem and accept the test when resolutions are satisfactorily reached; or (2) accept the Licensed Software as is and upon negotiating satisfactory terms pay the appropriate invoices; or (3) during the first twelve (12) months following installation, reject the System and require epixtech to refund monies paid to epixtech to date by the City. epixtech shall have the right to remove, at its expense, all Equipment, Licensed Software and supplies provided under this Agreement. These remedies shall be the City's exclusive remedies in the event epixtech is unable to pass any Module Functionality Test within ninety (90) days of commencing the test. The City ofCoppell - Page R-16 CONFIDENTIAL AND PROPRIETARY HORIZON FUNCTIONAL DESCRIPTION Accepted by: 1.0 General Features (All modules) 1.1- 1.2- 1.3- 1.4- 1.5- operates in real-time interactive mode with capability to create, update, index, access, and delete any data for City materials or patrons by both online and batch mode (batch mode from MARC import or export and borrower import). permits the restriction of specified functions to specified workstations or specified passwords. moves between functions without logging off or on. accommodates searches of materials held in other locations of the City's system. logs transactions for continuous backup. 1.6 Z39.50 Features 1.6.1 1.6.2 The Server makes the database available to other systems' Z39.50 client software using their own user interface. The Client: accesses other Z39.50-compatible databases using the Horizon user interface. 2.0 Searching Capabilities (All modules) 2.1 General Features 2.1.1- 2.1.2- 2.1.3- 2.1.4- provides information on item availability and status. excerpts brief bibliographic information from full MARC records. supports formats for material types (monographs, serials, microforms, maps, manuscripts, documents, and non-print media). insensitive to upper and lower case or punctuation variations. 2.2 Display Features 2.2.1- 2.2.2- 2.2.3 - 2.2.4- 2.2.5- offers City a choice of display formats. offers a choice of the amount of information displayed, such as brief or full records. displays call number, current status, and location of individual copies. provides a summary screen of truncated bibliographic entries for multiple hits. permits browsing or paging screens backward or forward. 2.3 Assistance Features 2.3.1- 2.3.2- 2.3.3- 2.3.4- 2.3.5- 2.3.6- does not require derived or algorithmic search keys. provides prompt messages to guide searches by patrons. allows re-initiation of a search or correction of typing errors. provides "help" messages with instructions for continuing a search. allows City to modify "hints" and "example" messages without programmer intervention. allows display of all previous search strings used at a PAC client since login for reactivation of a particular search process. The City of Coppell - Page R-17 CONFIDENTIAL AND PROPRIETARY 2.4 Structural Features 2.4.1- 2.4.2- 2.4.3- 2.4.4- 2.4.5- Access points searches the bibliographic file by author, title, subjects, as minimum search elements. keyword searches by specifying multiple search terms as well as by single term. additional access points can be selected by the City. Authority control allows patron to browse both name and subject authority files. Data Base Access features provides access from all workstations in the System, staff workstations as well as the public access workstations. permits City system-wide inquiry with branch specific holdings information provided. Boolean searching permits Boolean searching; i.e., linking search terms with AND, OR, NOT, and XOR operators. Keyword searching searches selected indexes by keyword. allows right or left truncation of search terms. permits browsing of keyword terms. 3.0 Bibliographic~tem File and Maintenance (Catalog Maintenance) 3.1- 3.2- 3.3- 3.10- 3.11- accepts any MARC formatted machine-readable records via file loading or manual entry. supports standard MARC formats (Book, map, music, etc.) includes item (copy-level) information such as: a) unique book identifier (barcode) b) item call number c) material type d) branch location e) price f) collection 3.4- allows search/retrieval by the following: a) ISBN/ISSN b) City of Congress card number c) bibliographic utility control number d) author/added entries, personal and corporate e) subjects f) title g) series h) Dewey or City of Congress call number i) unique item number 3.5- allows editing of any portion of the record without re-editing the entire record. 3.6- allows editing of any field in the record without re-editing the entire record. 3.7- links all copies of the same edition of a title to the bibliographic record for that title. 3.8- displays volume-specific data for serials and sets in number or date order without repeating title- level bibliographic data. 3.9- provides automatic duplicate check to identify matching records already existing in the bibliographic database whenever bibliographic records are added by MARC import. Matching records are overlaid - non-matches create new records. allows expansion or replacement ofa briefbibliographic record. allows merging &duplicate bib records with transfer of all holdings records attached. The City ofCoppell - Page R-18 CONFIDENTIAL AND PROPRIETARY 3.12- 3.13- 3.14- 3.15- 3.16- 3.17 3.17.1- 3.17.2- 3.17.3- 3.17.4- when creating initial holdings record for each title, System can supply defaults for item circulation type, collection, and location. System automatically computes statistical assignment for new items based on City-defined collection and call number groupings. when creating multiple copies, System allows copying from first copy to minimize operator entry. loads MARC communications format records in background mode. includes the capability for input and output of bibliographic records in MARC communications format, including all tags, subfields, and indicators. The MARC import function: loads MARC II communications format bibliographic records from a file to the database. automatically reformats and stores the source record in the data base without further operator intervention. allows the City to specify record "match point" definitions. Matching records overlay existing records. allows updates of a bibliographic record and does not lose linking to any holdings records attached. 4.0 4.1- 4.2- 4.3- 4.4- 4.5- 4.6- 4.7- 4.8- Authority Control (Catalog Maintenance) provides on-line authority files for author, subject, and series. links each occurrence of a heading in the authority file to each occurrence in the bibliographic file so that all occurrences of that heading may be modified with a single "global" change. maintains a list of additions to the authority files. maintains an on-line listing of all records in the authority files. permits creation of appropriate "see" and "see also" cross-references. allows creation of authority records from within the general bibliographic file maintenance program. permits merging of authority records. allows import, creation and storage of MARC authority records. 5.0 5.1- 5.2- 5.3- 5.4- 5.5- 5.6- 5.7- 5.8- Checkout (Circulation) a) b) C) associates a unique book barcode with a unique patron identifier and stores the charge transaction in the circulation file. automatically calculates loan period and due date/time according to: patron type item type library service hours (hourly checkouts only) displays due date/time on the charge workstation screen. requires only one entry of patron identifier per batch of items to be charged to that patron. provides clear audible and/or visual signals that identification labels have been read and the information accepted. provides clear audible and visual signals when charge transactions are blocked (permits override). Visual message states the reason charge is blocked. allows manual input of book and patron barcode labels. accommodates a variety of loan periods which can be changed without programmer intervention. The City ofCoppell - Page R-19 CONFIDENTIAL AND PROPRIETARY 5.9- 5.10- 5.11- 5.12- 6.0 6.1- 6.2- 6.3- 6.4- 6.5- 7.0 7.1- 7.2- 7.3- 7.4- 7.5- 7.6- 7.7- 7.8- 7.9- 7.10- 8.0 8.1- 8.2- 8.3- 8.4- 8.6- 9.0 9.1- allows operator to input a non-standard due date/loan period by overriding the system-calculated due date. checks patron status and signals operator of any exception condition including excessive number of books charged, excessive frees owed, manual blocks placed, or expired registration, and permits override. checks book status for hold(s) and "non-circulating" privilege settings. provides for electronic scanning of barcoded labels on patron cards and City materials. Renewal (Circulation) prior to renewal, checks the book for overdue status, calculates any free, permits immediate payment. calculates and displays a new due date/time when a charged item is renewed. permits record display and renewal even if book and/or patron are remote or book or patron barcode number is unknown. checks patron record for exception conditions (i.e., unpaid fines). blocks renewal if outstanding requests for item & permits override. Checkin (Circulation) disengages a book barcode number from a patron barcode number and removes the record ~'om the circulation file. provides a completely interactive online checkin function. permits checkin by scanning barcode identification label. permits manual input of book barcode label where label is defective or missing. allows operator to change date ofcheckin (for delayed checkin of a group of materials). checks the book record for hold or other status conditions; provides clear, audible and visual signals if these are found; and prompts appropriate processing. system-wide ability to trap holds during checkin regardless of where the hold request was placed. allows for a specified grace period during which no fine is assessed by type of material. checks a book for overdue status, calculates any f'me, displays the patron's account, and automatically increments the account. prints a fine notice or other billing document on demand. Fines and Fees (Circulation) calculates fines at the time of checkin or renewal according to book type, patron type, loan period, and date/time ofcheckin. blocks charge and renewal transactions for patrons with a specified number or dollar amount of unpaid fines and fees. calculates frees according to specified minimum and maximum dollar amounts. prints a patron notice giving bibliographic dam, fine and fee amounts, and a library-specified message including payment instructions. permits an operator to record partial or full payment(s) received and keeps a record of individual items against which partial payments have been made. allows operator to waive patron's unpaid f'mes, fees, or other charges. Notice Production (Circulation) permits staff to determine from the patron's record what notices have been sent and what action is to be taken next. The City ofCoppell - Page R-20 CONFIDENTIAL AND PROPRIETARY 9.2- 9.3- 9.4- 9.5- 9.6- prints notices with City-specified messages. suppresses overdue notices on items "claimed returned." uses a patron address from patron record for each type of notice. separates notices by branch location. produces the following kinds of notices: overdue (reminder) notices -- number based on City parameters billing notices hold pickup/cancellation notices 10.0 Holds (Circulation) 10.1- 10.2- 10.3- 10.4- 10.5- 10.6- 10.8- 10.9- places holds at the title level, or item-specific level at staffworkstations. allows placement of hold on any title from any workstation. checks for hold tags on an item record at time of checkin and notifies an operator of hold with visual and auditory signals. prints hold notices for mailing. checks the hold queue at the time of charge and permits block of charge to a patron not at head of queue. Permits override of block. allows operator to remove names from any position in the hold queue. 10.7- blocks renewal of books with hold tags, permits override. calculates the hold shelf clearance date and can produce report of expired hold requests. detects duplicate hold requests made for a title by the same patron. 11.0Patron File (Circulation) 11.1- 11.2- I1.3- 11.4- 11.6- 11.7- 11.8- 11.10- 11.11- 11.12- permits development of sy.stem-wide patron file with all appropriate fields, including but not restricted to: a) name b) bareode number c) address d)telephone number e) patron type f') expiration date of registration g)activity date of last transaction h)patron statistical categories i) note field permits City-specified parameters for patron types, patron status, and slat categories. permits entry of patron registration online. permits patrons to charge materials on their initial visit to the City. allows automatic or manual placement of blocks or restrictions on charging of materials. permits override of patron blocks. provides access to the patron file by name, by keyword name, by patron barcode number and by identification number. allows assigning patron a new barcode number without losing delinquencies, charges, holds, etc. able to renew card without issuing a new barcode number or entering any information into patron record. is able to declare card lost or stolen. 12.0 Serials Control 12.1- 12.2- integrates serials bibliographic and holdings record into the main bibliographic master file. links multiple copies with associated holdings to a single bibliographic record. The City ofCoppell - Page R-21 CONFIDENTIAL AND PROPRIETARY 12.3- 12.4- 12.5- 12.6- 12.7- 12.8- 12.9- 12.10- 12.11- 12.12- 12.13- 12.14- 12.15- 12.16- 12.17- 12.18- 12.19- 12.20- allows search and display of serial/bibliographic records along with summary of holdings display as part of the online catalog. allows identification of serials for checkin by title, ISSN, and other search methods. allows checkin for multiple copies of an issue as a single checkin action. allows checkin of regular issues, supplements, indexes, etc.; all accessed through a common serials record. permits identification and checkin of special unpredicted or irregular issues. allows library to define publication patterns so enumeration, chronology and checkin dates are predicted for expected issues. permits "predicted checkin" of future issues which arrive before the next expected issue. allows free text notes to be attached to checkin records. allows alteration of enumeration or chronology, if the issue received varies fi'om the issue predicted. allows operator to indicate various receipt statuses; will not be published, not available, and damaged receipt. upon checkin, processing notes can indicate appropriate action for each individual copy. prints spine labels and work slips as appropriate. prompts for barcode entry if copy is to be barcoded for circulation. allows detailed review of checkin information of past receipts by specific issue or copy, including current status and date status set. indicates destination for materials (e.g., routing, current periodicals, reference, discard, etc.) allows automatic or manual claiming for predicted issues that have not arrived. allows manual claiming for irregular items. allows establishment of routing lists and printing of routing slips at checkin. 13.0 Acquisitions Software (Acquisitions) 13.1- 13.2- 13.3- 13.4- 13.5- 13.6- 13.7- 13.8- 13.9- 13.10- 13.11- 13.12- 13. t3- 13.14- 13.15- allows the creation of order records from: manual entry existing bibliographic records purchase requests (desiderata) integrates all fwrn order records with bibliographic master files. permits handling of single titles, open-ended orders, gifts, deposit accounts. allows creation of a vendor file with locally defined fields. at order entry, incorporates bibliographic and holdings file update, fund allocation against multiple budgets if needed, and copy distribution. allows items on order to have holds placed on them from circulation and PAC accounts. handles foreign currency conversions. accepts and tracks partial receipts. allows processing of invoices before or after receipt of materials. allows invoicing at time of receipt. automatically adjusts funds appropriately as actual costs are received. allows access to on-order materials by title, author, ISXN, vendor and PO number. permits City to establish desiderata file of items to be considered for order or designated not to order. produces on demand report of funds showing budget, amount encumbered, amount expended and free balance. allows multi-year funding. The City ofCoppell - Page R-22 CONFIDENTIAL AND PROPRIETARY RIDER D TAXES The Library represents that it is otherwise exempt from taxes as per Tax Code 151.309, statute of the state of Texas. Photocopies of applicable statutes, or other reasonable verification, shall be provided by the Library prior to the execution of this Agreement. The City ofCoppell - Page R-23 CONFIDENTIAL AND PROPRIETARY RIDER E WORKSTATION REQUIREMENTS (HORIZON 6.0) Minimum Specifications Staff Workstation Pentium II 128 MB RAM I GB Hard Disk Network Interface Card Approved Network Package/Protocol Windows NT v4.0 or higher Color SVGA Monitor 2x CD-ROM Mouse or track ball Recommended Specifications* Staff Workstation Pentium III 733 MHz 256 MB RAM 10GB Hard Disk Network Interface Card Approved Network Package/Protocol Windows NT v4.0 or higher Color SVGA Monitor 20/48X CD-ROM Mouse or track ball PAC Client Workstation Pentium 100 MHz 32 MB RAM 100 MB Hard Disk Network Software Driver Approved Network Package/Protocol Windows 95, Windows 98 or Windows NT v4.0 or higher Color SVGA Monitor 2x CD-ROM Mouse or track ball PAC Client Workstation Pentium III 733 MHz 256 MB RAM 10GB Hard Disk Network Software Driver Approved Network Package/Protocol Windows NT v 4.0 or higher Color SVGA Monitor 20/48X CD-ROM Mouse or track ball NOTE: Configurations of the Database Server must be explicitly approved by epixtech, including the Network Protocol Package to be used. epixtech support staff can advise the Library on specific client workstation configurations if requested. *Recommended specifications reflect the best market values for PC equipment that epixtech is able to provide its customers as of September 2000. The City ofCoppell - Page R-24 CONFIDENTIAL AND PROPRIETARY RIDER F MAINTENANCE AGREEMENT PROVISIONS FOR MAINTENANCE SERVICES epixtech agrees to furnish as specified herein services to maintain the System and The City hereby purchases maintenance service for the System upon the terms and conditions set forth herein. TERM This Maintenance Agreement shall commence upon installation of the Licensed Software and Equipment and shall continue for a period of one (1) year. Unless thirty (30) days notice of intent not to renew is given by the other party, this Maintenance Agreement may be renewed annually by The City paying the appropriate maintenance fees for the following year. The Maintenance Agreement may be renewed for up to four (4) additional one (1) year terms. SUBCONTRACTORS epixtech hereby accepts full responsibility for the obligations outlined by this Maintenance Agreement. The City agrees that epixtech may subcontract some or all of the performance of its duties provided for herein, provided that The City approves of the subcontractor. Nothing in this paragraph shall be interpreted as authorizing the assignment of this Maintenance Agreement by epixtech. MAINTENANCE RESPONSIBILITIES A. MAINTENANCE ON LICENSED SOFTWARE & DATABASE SOFTWARE Licensed Software is the epixtech-brand software listed under the subheadings Core Software and Additional Software on Rider A of the Purchase Agreement. Database Software is that software listed under the subheading Database Software on Rider A of the Purchase Agreement epixtech will provide all fixes, minor enhancements, releases, or upgrades to the Licensed Software at no additional charge to The City. Such fixes, minor enhancements, releases, or upgrades shall be provided with available documentation for successful installation and implementation. epixtech shall provide corrections to the Licensed Software at no additional cost to The City for any error, realfunction, or defect of the Licensed Software, except as provided for in paragraph 8 below. epixtech will provide all fixes, releases, or upgrades to the Database Software as such upgrades are integrated into the operation of the Licensed Software at no additional charge to The City so long as such upgrades are provided to epixtech at no additional cost by the manufacturer. The providing of such fixes, minor enhancements, releases, or upgrades shall include remote installation. The City of Coppell - Page R-25 CONFIDENTIAL AND PROPRIETARy o , 10. Unscheduled Licensed Software and Database Software maintenance and library consultations shall be provided during the following hours: Mon.- Fri. 5:00 a.m. to 7:00 p.m. Mountain Time Holidays excluded from unscheduled Licensed Software and Database Software maintenance service are: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Friday after Thanksgiving Day Christmas Day epixtech shall provide assistance for emergency problems at all hours including weekends and holidays. Emergency problems are those in which the circulation or public access soil:ware modules are inoperative or system backup fails to complete. Out of hours non-emergency support can be provided on a time and materials basis. (a) epixtech shall have no obligation to provide assistance in correcting errors or problems arising in connection with any modifications or alterations to the Licensed Software or Database Software which have been made by or on behalf of The City without epixtech's express written consent; or for any destruction, alteration or suspension of software operation due to natural disaster, communication line failure, failure by The City to perform weekly saves of all epixtech accounts, or actions or decrees of governmental bodies. (b) IN NO EVENT SHALL epixtech BE LIABLE FOR LOSS OF PROFIT, LOSS OF GOOD WILL OR ANY OTHER SPECIAL OR CONSEQUENTIAL DAMAGES SUFFERED BY THE CITY OR ANY OTHER PERSON, FIRM OR ENTITY AS A RESULT OF ANY ACT OR FAILURE TO ACT ON THE PART OF epixtech IRRESPECTIVE OR WHETHER SUCH LOSS OF PROFIT, LOSS OF GOOD WILL OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES WAS DISCLOSED TO epixtech OR COULD HAVE BEEN REASONABLY FORESEEN BY epixtech. In order for epixtech to provide maintenance services on the Licensed Software, The City must be on the most current release or one major release back. Should The City desire to be two major releases back from the most current release, there shall be an additional five percent (5%) annual premium above the then current annual maintenance fee. Should The City desire to be three major releases back, there shall be an additional ten percent (10%) annual premium above the then current annual maintenance fee. Such additional charges pertaining to release level shall be determined at the anniversary date of this Agreement. Maintenance charges for the Licensed Software shall begin as follows: Software modules intended to replace the City's existing Dynix modules shall be maintained by epixtech at epixtech's expense for a period of six (6) months from installation. Newly purchased Software modules shall be maintained by epixtech at epixtech's expense for a period of one (1) year from installation. The Database Software comes with a vendor's warranty. The Licensed Software warranty begins at completion of module testing or use of the software in live production, whichever comes first. The City ofCoppell - Page R-26 CONFIDENTIAL AND pROPRIETARY B. MAINTENANCE ON DATABASE SERVER Items covered under this portion of the Maintenance Agreement are listed under the subheading Server Hardware on Rider A of the Purchase Agreement Unscheduled on-site remedial maintenance shall be performed after notification that the Database Server is inoperative or malfunctioning. epixtech shall provide The City with a designated point of contact and shall make arrangements to enable maintenance personnel to receive such notification. Unscheduled on-site remedial maintenance for the Database Server shall be provided during the following hours: MON-FRI 8AM-5PM library local time The City may change or extend the hours of maintenance coverage upon mutual agreement with epixtech. 4. Holidays of the local hardware maintenance provider will be excluded from unscheduled on-site remedial maintenance service. All parts necessary for unscheduled on-site remedial maintenance shall be furnished at no additional charge to The City, on an exchange basis. Only new parts or refurbished like-new parts shall be used. Maintenance charges on the Database Server shall begin upon expiration of the manufacturer's warranty if available. C. MAINTENANCE OF PERIPHERAL DEVICES Products covered by this portion of the Maintenance Agreement are listed under the subheadings Database Server Accessories, Network Hardware and Peripheral Hardware on Rider A of the Purchase Agreement. Maintenance for terminals or peripherals may be terminated by either party on the anniversary of the Maintenance Agreement. Maintenance may continue for all items originally covered or either party may discontinue maintenance for specific pieces of equipment. Equipment which has been abused or used contrary to the manufacturer's specifications is not covered by the Maintenance Agreement and the full cost of repairs will be bome by The City. If maintenance on peripherals is allowed to lapse, or if The City wishes to cover equipment not currently covered purchased more that 30 days previously, epixtech may assess a one time charge equal to the repair debit before accepting the item for coverage. If The City requests a ioaner unit while a piece of equipment is being repaired, The City is responsible for the loaner fee and freight to and from The City. Loaners are based upon availability. The City ofCoppell - Page R-27 CONFIDENTIAL AND PROPRIETARY 5. CONDITIONS OF epixtech 'S OBLIGATIONS All maintenance services of any nature rendered by epixtech hereunder shall be limited to the System and shall be contingent upon The City's proper use of the System in the application for which the System is intended. OBLIGATIONS OF The City The City shall be responsible for maintaining a sufficient staff to handle normal day-to-day operation and support for the System, including but not limited to such tasks as back-ups and report handling. It is acknowledged and understood that the maintenance and support service to be provided by epixtech hereunder is not intended to supplant The City's day-to-day operation and support for the System. The City shall provide epixtech full and flee access to each item of equipment to allow epixtech to provide maintenance service thereon and a suitable place in which to perform such service shall be made available to epixtech. The City shall provide epixtech all access to the System which epixtech believes necessary or desirable for the performance of any unscheduled on-site remedial maintenance services. A designated representative of The City shall be in the building whenever epixtech personnel are present. The City shall provide suitable environmental conditions, including space, heat, light, ventilation, cooling, electrical power, current and grounding, over voltage protection and the like for the System to be maintained properly hereunder. The City shall notify epixtech immediately following discovery of any error, defect or nonconformity in the Licensed Software and The City shall not perform, nor attempt to perform, or cause to be performed, maintenance or repair to the Licensed So~ware covered hereunder during the term of this Maintenance Agreement except with the prior written or oral approval of epixtech. The City shall be responsible for maintaining (I) a telephone within operational reach of the Database Server, (2) an auto-answer 28.8K baud or greater modem attached to a port for the exclusive use of epixtech, and (3) an "outside" phone line for the modem to be used in dial-up diagnostics and maintenance. The cost of procuring and maintaining this line in good operating condition shall be borne by The City. DIAGNOSIS OF PROBLEMS epixtech shall maintain technical personnel stationed at its service facility for purposes of providing customer service to report problems and discuss questions about operations. For diagnosis of problems, epixtech support personnel shall be able to access The City's Database Server either via an Internet address or by dialing directly on a dedicated phone line and modem provided by The City. CHARGES AND PAYMENTS A. Payments are to be made annually in advance. epixtech will supply The City with invoices sixty (60) days prior to the start of its billing cycle. The City ofCoppell - Page R-28 CONFIDENTIAL AND PROPRIETARY C, D, The annual billing cycle will be initially established based on The City's preference. Subsequent requests for changes to the billing cycle will be done at the sole discretion of epixtech and may be subject to an administrative fee, not to exceed 10% of the billing amount. Other requests for re-billings or adjustments to the presentation of billings, not the result of an error by epixtech, will be done at the sole discretion of epixtech, and may be subject to an administrative fee, not to exceed 10% of the billing amount. Payment terms are net 30 days. Late payments are subject to an interest charge of 18% per annum. Delinquencies in excess of 60 days may result in the withholding of support services by epixtech. E. There shall be no additional maintenance charge for: G, (a) Unscheduled on-site remedial maintenance begun during the contracted hours of maintenance and extending one hour beyond. (b) Travel or per diem expenses incurred during the contracted hours of maintenance. (Travel or per diem expenses incurred outside these hours will be billed to The City). (c) Time spent by maintenance personnel after arrival at the site awaiting the arrival of additional maintenance personnel and/or delivery of parts, tools, or their required material after a service call has commenced during contracted hours. Any hardware or software product added to the maintenance contract during the term of this Maintenance Agreement will result in an increased maintenance charge and require written notice. Any Software module removed from maintenance during the term of this Maintenance Agreement will result in an administrative fee of 15% of the refund to cover the cost of disabling the Software. The City must give epixtech ninety (90) days advance notice in writing requesting this change. The City is responsible for paying any cancellation fees from the vendor when requesting to remove any piece of Equipment from the maintenance contract during the term of this Maintenance Agreement. The City must notify epixtech at least ninety (90) days before it wishes to remove any piece of Equipment from this Maintenance Agreement. Charges for on-site remedial maintenance or other services provided other than during the hours of contracted maintenance or for other services which are not included in the monthly maintenance charges are due and payable thirty (30) days from the date of invoice. These charges will be billed as they occur, not annually. The City may move the Equipment within the room where originally installed without obtaining prior permission from epixtech. Moves beyond this room require sixty (60) days prior written notice to epixtech and may be performed only by epixtech. The City will be billed at epixtech's then-published rates to move Equipment and is responsible for all costs associated with the move. If any Equipment is moved beyond the room of original installation without the express approval of epixtech, epixtech may cancel maintenance on those items. The City shall be solely responsible for any damages to Equipment incurred by The City's movement thereof. If epixtech moves the Equipment, any damages will be covered under this Agreement. The requirements of this section may be waived by the Equipment vendor. The City ofCoppell - Page R-29 CONFIDENTIAL AND PROPRIETARY f0. TERMINATION All items in this section require written notice to epixtech: Termination of Purchase Agreement: If the Purchase Agreement is breached by either party or terminated for any reason, the non-breaching party shall have the right to terminate this Maintenance Agreement without prejudice. Default: Each party has a right to terminate this Maintenance Agreement in the event of default which is incapable of cure or which, being capable of cure, has not been cured with thirty (30) days after certified receipt of written notice of such default. Rights and Obligations on Termination: In the event this Maintenance Agreement is terminated, each party shall return to the other all data, materials, and other property of the other party then in its possession or control. All data entered and maintained by The City or entered and maintained by a third-party vendor to The City is the property of The City. Software Maintenance Cancellation: The City must give epixtech thirty (30) days advanced notice in writing that it wishes to cancel its Software maintenance, be it at the end of the maintenance period or before. If The City cancels its maintenance before the end of the maintenance period, an administrative fee of 15% of the refund will be assessed to cover the cost of disabling the Software. Hardware Maintenance Cancellation: The City must notify epixtech at least ninety (90) days before it wishes to cancel hardware maintenance. The City is responsible for paying any cancellation fees from the vendor. Peripheral and Workstation Maintenance: The City must notify epixtech at least thirty (30) days in writing prior to the point it wants the equipment removed. If The City removes equipment during the maintenance period, it will receive a prorated refund, based on the time remaining in the maintenance period. An administrative cancellation fee of 15% of the refund will be assessed per each piece of equipment. The City ofCoppell - Page R-30 CONFIDENTIAL AND PROPRIETARY RIDER 0|-315 (Rev. 1-9114) rEXAS SALES AND USE TAX EXEMPTION CERTIFICATE Flame ol purchaser. firm or agenq' City of Coppell ~ddmss (Street & nun"ber. P.O..ilo. fot Roufe nun'f~f.I ?55 Pnrk~zny Rn, loVnrrl ~ CRy. S~s,e. ZIP code Coppell, ~exas 75019 P,O_ ~ox 478 I, Ihe purchaser named above, claim an exemption from payment of sales and use taxes for the purchase of taxable fieins described below or on the attached order or invoice form: Seller: S~reet address: City, State, ZIP code: Description o( items to,be purchased or on Ihe attached order or invoice: Purchaser claims this exemption for the following reason: Government Entity sign here I understand that I will be liable for payment of sales or use taxes which may become due for failure to comply with the provisions of the Tax Code: Limited Sales, Excise, and Use Tax Act, Municipal Sales and Use Tax Act, Sales and Use Taxes for Special Purpose Taxing Authorities, County Sales and Use Tax Act, Counly Health Services Sales and Use Tax and !he Texas Health and Safety Code: Special Provisions Relating !o Hospital Districls, Emergency Services Dislricts, and Emergency Services Dislricts in counties wilh a population of 125,000 or less. I understand that it is a misdemeanor to give an exemption cedificate Io Ihe seller for taxable items which I know, af the lime of purchase, will be used in a manner other than that expressed in this cerlifica a "d that upon conviction may be fined not more than $500 per offense. / Pu/d'ta Title~ J/t . Dale Note: This certificate cannot.be issued for the purchase, lease or rental of a motor vehicle. THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID Sales and Use Tax 'Exemption Numbers' or 'Tax Exempt' Numbers do not exist. This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller ol Public Accounts. · ~, ~, '~ ~ . ~ couNciL MEETING: ITEM CAPTION: AGENDA REQUEST FORM December 12, 2000 ITEM# Consider approval of a resolution to approve the transfer of the existing cable television franchise from Texas Cable Partners, L.P. to TCI Cablevision of Texas, Inc. and authorizing the Mayor to sign. SUBMITTED BY: Vivyon Bowman TITLE: Director of Administration and Human Resources STAFF COMMENTS: The City's existing cable franchise agreement allows for transfers made in compliance with the Cable Television Consumer Protection Act of 1992. Staff has reviewed the FCC filing and other appropriate documentation and determined that TCI Cablevision, Inc. will comply with all the requirements of the existing franchise agreement and FCC regulations. Based on the applicant's filing date of September 1, 2000 the City must approve this change by December 31, 2000. BUDGET AMT. $ FINANCIAL COMMENTS: ~. ~,~,:~ ~/ Agenda Request Form - Revised 5/00 AMT. EST. $ FIN. REVIEW: +X-BID $ CITY MANAGER REVIEW: Document Name: RESOLUTION NO. RESOLUTION OF THE CITY OF COPPELL, TEXAS APPROVING THE TRANSFER OF THE CABLE TELEVISION FRANCHISE WHEREAS, Texas Cable Partners, L.P., a Delaware limited partnership C'Franchisee") owns, operates and maintains a cable television system (the "System") in the City of Coppell, Texas (the "Franchise Authority"), pursuant to a cable franchise (the "Franchise"), and the Franchisee is the duly authorized holder of the Franchise; WHEREAS, Franchisee, TCI Cablevision of Texas, Inc., Communications Services, Inc., and Heritage Cablevision of Texas, Inc. are parties to that certain Asset Exchange Agreement dated as of August 23, 2000 (the "Exchange Agreement"), which provides for the transfer of the System and the assignment of the Franchise to TCI Cablevision of Texas, Inc. C'Transferee" or "Grantee") at the closing contemplated by the Exchange Agreement (the "Closing"); WHEREAS, the Franchise Authority has determined that the Transferee has the legal, financial and technical qualifications to operate the System. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. The Franchise Authority hereby consents to the Assignment of the Franchise to Transferee, all in accordance with the terms of the Franchise. SECTION 2. The Franchise Authority confirms (a) the Franchise was properly granted or transferred to Franchisee, (b) the Franchise is currently in full force and effect, (c) the Franchise supersedes all other agreements between Franchisee and the Franchise Authority and represents the entire understandings of the parties, and (d) to the best of the City's knowledge, Franchisee is materially in compliance with the provisions of the Franchise and, to the best of the City' s knowledge, there exists no fact or circumstance known to the Franchise Authority which constitutes or which, with the passage of time or the giving of notice or both, would constitute a default or breach under the Franchise or would allow the Franchise Authority to cancel or terminate the rights thereunder except upon the expiration of the full term of the Franchise, subject to applicable law, including Section 626 of the Cable Act. SECTION 3. This Resolution shall be deemed effective upon the date of the Closing of the Exchange Agreement (the "Closing Date"). The Transferee shall provide written notification by the Transferee of the Closing of the Exchange Agreement to the Franchise Authority. SECTION 4. The Transferee shah be responsible for any obligations and liabilities under the Franchise that arise and accrue a~er the Closing Date. SECTION 5. This Resolution shall have the force of a continuing agreement with Franchisee and Transferee. The Franchise Authority shah not amend or otherwise alter this Resolution without the consent of Franchisee and Transferee. SECTION 6. The Transferee shall agree to abide by the Customer Service Standards attached hereto. DATED this __ day of ,2000. APPROVED: CA~DY SHEEHA~, ~tAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY CONSUMER SERVICE STANDARDS 1. Telephone and Office Availability The Grantee shall provide Subscribers a toll-free or local telephone number for installation, service, and complaint calls. The Grantee must have telephone lines, either adequately staffed or with answering capability, providing at least emergency referral information, which are operational twenty-four (24) hours a day, every day, including weekends and holidays. Under "Normal Operating Conditions" and when phones are staffed, Subscriber calls to the Grantee will bc answered on average within thirty (30) seconds ninety percent (90%) of the time measured on a quarterly basis; and Subscribers will receive a busy signal three percent (3%) of the time or less. On weekdays, during normal business hours the Grantee must have telephone lines staffed and have its office(s) located within the Service Area or in the City limits of Coppell, Texas or within 10 miles of the City limits of Coppell, Texas: A. to accept payments; B. to exchange or accept return of Grantee-provided equipment; C. to schedule and conduct technical calls, and D. to answer Subscriber inquiries. On Saturdays, Grantee must have telephone lines staffed and have adequate staff available: to accept equipment, such as Converters, at the option of the Grantee either at its office or in the field; to schedule and perform emergency service or emergency technician calls; must have the capability to accept payments (this may be done through arrangements with unaffiliated retailers); and to answer Subscriber inquiries which may be answered by advising the caller when and to what number to call back during weekdays. 2. Handicapped Access The Grantee shall comply with all rules and regulations pertaining to the Americans with Disabilities Act. 3. Employee Identification All personnel of the Grantee contacting Subscribers or potential Subscribers outside the office of the Grantee must be clearly identified as associated with the Grantee. 4. Installations All installations will be in accordance with FCC rules, including but not limited to, appropriate grounding, adjustment of the television set in order to receive Service, and the provision of required consumer information and literature to instruct the Subscriber in the utilization of the Services. Under normal operating conditions, the Grantee shall perform standard installations as defined above within seven (7) business days of request by a Subscriber (provided that the schedule or preferences of the person requesting installation have not been responsible for the delay). This section does not apply to the introduction of new products and services when Grantee is utilizing a phased introduction. Service Interruptions and Other Service Problems The Grantee shall make repairs promptly, and interrupt Service only if necessary and for the shortest period possible. The Grantee shall promptly notify the City of any "Significant Service Interruption" in the operation of the System. For the purposes of this section, a "Significant Service Interruption in the operation of the System "shall mean any outage a duration of at least four (4) continuous hours between the hours of 6:00 a.m. to 10:00 p.m. and eight (8) continuous hours between the hours of 10:00 p.m. and 6:00 a.m. to at least 3,000 of the Subscribers in the area served by Grantee. The Grantee shall exercise its best efforts to limit any Significant Service Interruption for the purpose of maintaining, repairing, or construction of the System. Except in an emergency or other situation necessitating a more expedited or alternative notification procedure, the Grantee may schedule a Significant Service Interruption only after the City has been given reasonable prior notice of the proposed interruption. Technicians employed by the Grantee and capable of performing service-related emergency repairs and maintenance must be available twenty-four (24) hours a day, including weekends and holidays. Under normal operating conditions, service-related Subscriber complaints, if possible, must be resolved within forty-eight (48) hours (provided that the schedule or preferences of the person requesting service have not been responsible for the delay) and in any event, resolution must occur within one (1) week. A complaint shall be considered to be resolved when signals received by the subscriber have been brought into compliance with applicable FCC standards. Those matters requiring additional maintenance, repair, or technical adjustments that necessitate an excess of one (1) week to reasonably complete, must be finally resolved, if technically feasible, within thirty (30) days of the initial complaint if the complaint has been determined to be the fault of the Grantee. The City Manager may require reasonable documentation to be provided by the Grantee to substantiate the additional time to resolve a complaint. The foregoing does not apply to service interruptions which occur on an intermittent basis. Under normal operating conditions, upon request by the Subscriber, the Grantee shall provide a credit to Subscriber when there is an Outage of all channels for a period of twenty-four (24) consecutive hours or more which affects the discrete definable service area. The credit for such an Outage shall equal, at a minimum, the value of one-thirtieth (1/30) of Subscriber's current monthly bill, excluding premium, pay-per-view and special events, for the first twenty-four (24) consecutive-hour period and prorated for each additional 4-hour period or portion thereof that the Outage continues. Under normal operating conditions, upon request by the Subscriber, the Grantee shall provide a credit to Subscriber when there is an Outage of any premium Service for a period of twenty-four (24) consecutive hours or more which affects a discrete, definable service area. The credit shall equal, at a minimum, the value of one-thirtieth (1/30) of Subscribers current monthly bill, for affected premium services, for the first twenty-four (24) consecutive-hour period and prorated for each additional (4) hour period or portion thereof that the Outage continues. Under normal operating conditions, upon request of the Subscriber, the Grantee shall provide a credit to the Subscriber whenever an Outage for a period of twenty- four (24) consecutive hours or more has affected fewer than all of the non-premium channels received by the affected Subscriber as part of their Service. The credit shall equal the value of one-thirtieth (1/30) of the prorated portion of the rate per affected channel times the number of affected channels. Installation and Service Appointments The "appointment window" alternatives for installations and service calls which require Subscriber presence, will be either a specific time or, at maximum, a four-hour scheduled time block during normal business hours. The schedule time block may be longer if the Subscriber consents. (The Grantee may schedule service calls and other installation activities outside of normal business hours for the express convenience of the Customer). This provision does not apply to disconnects, service upgrades or downgrades which do not require access to the Subscriber's premises or to special request orders. Under normal operating conditions, if the Grantee does not arrive for installations or service calls by appointment within the scheduled four-hour time frame agreed to by the Subscriber, the Subscriber may request and is entitled to receive a free standard installation, or $20.00 credit respectively. If the Grantee fails to provide such free standard installation, and the request was made by the Subscriber within thirty (30) days of the missed appointment, the City may direct the Grantee to issue the credit. Failure to comply with the City's directive will subject Grantee to appropriate enforcement actions. Under Normal Operating Conditions, the Grantee may not cancel an appointment with a Subscriber after the close of business on the business day prior to the scheduled appointment without the Subscriber's consent. If the Grantee's representative is running late for an appointment with a Subscriber and will not be able to keep the appointment as scheduled, the Grantee will make an effort to contact the Subscriber directly. If, however, the Subscriber is unavailable at the time the contact attempt is made, the Grantee will attempt a second contact at least one more time during the previously agreed upon appointment window. The appointment will be rescheduled, as necessary, at a time which is convenient to the Subscriber. Contacting the Subscriber will not necessarily negate the requirement for a flee standard installation. Notices and Customer Communications The Grantee shall notify affected Subscribers of any pricing changes or additional charges (excluding temporary marketing and sales discounts or offers) and/or any changes in programming services (including the scrambling or descrambling of channels - except the descrambling of a channel(s) for promotional purposes). The Grantee shall provide written information to Subscribers on each of the following areas at the time of installation of Service, at least annually to all affected Subscribers, at any time upon request, and for affected Subscribers, at least thirty (30) days prior to making significant changes in the information required by this section: .A. products and services offered; B. prices and options for programming services and conditions of subscription to programming and other services and facilities; installation and maintenance policies including, when applicable, information regarding the Subscriber's home wiring rights and information describing ownership of internal wiring during the period Service is provided; D. instructions on how to use the Service; E. channel positions of programming offered on the System; F. billing and complaint procedures, including the name, address and telephone number of the City Manager or the City Manager' s designee. G. the availability of a Signal control device; H. the Grantee's practices and procedures for protecting against invasions of privacy; I. the address and telephone number of the Grantee's office to which complaints may be reported; and J. when applicable, the Grantee's community Unit Identifier as specified by the FCC. In all Subscriber communications, the Grantee shall be as clear and precise as possible. Notices of changes in rates shall indicate the new rate and the amount the rate has increased or decreased from the current rate. Specific words such as "Increase" or "Decrease" must be used to describe the changes (as opposed to less specific terms, such as "adjustment"). Notices of changes of programming services and/or channel locations shall include a concise description of the new programming service and the specific dial location, of that programming service. In addition, should the dial location, be affected by the introduction of a new service, such information must also be included in the notice. In order that Subscribers are fully apprised of the charges they may incur, Companies will be required to note that advertised rates are subject to additional taxes and fees. In order that Subscribers are fully apprised of the charges they may incur, telephone communications with Subscribers that quote rates, fees, and/or other charges shall inform Subscribers that the rates, fees, and/or charges are subject to additional taxes and fees. Every notice of termination of Service shall include all of the following information: A. the name and address of the Subscriber whose accotmt is delinquent. B. current account balance. C. the date by which payment is required in order to avoid termination of Service. D. the telephone number of a representative of the Grantee who can provide additional information and handle complaints or initiate an investigation concerning the Service and charges in question. 8. Billing Bills must be itemized, in accordance with service or services purchased by subscribers and related equipment charges as provided by law and regulations. If, on bills, a Grantee chooses to itemize as a separate line item franchise fees and/or other governmentally- imposed fees attributable to the total bill, such fees must be shown in accordance with any applicable law concerning the Grantee's ability to itemize such fees. Every residential Subscriber sending payment directly to the Grantee shall have at least ten (ten) business days from the postmarked date of the initial bill for the delinquent amount for Services to pay the listed charges prior to disconnect for non-payment. A specific due date shall be indicated on every Subscriber bill. This provision applies only to active accounts not those accounts pending disconnect. Any Subscriber who, in good faith, disputes all or part of any bill has the option of withholding the disputed amount without disconnection until Grantee has investigated the dispute and has made a determination that the amount is owed provided that: A. The Subscriber pays all undisputed charges; B. The Subscriber provides written notification of the dispute to the Grantee in a timely manner and includes identifying information; and C. The Subscriber cooperates in determining the appropriateness of the charges in dispute. Upon request, the Grantee shall forward all regulatory billing inserts and copies of all other mailings required by govemmental authorities to Subscribers to the City Manager. Disconnection/Denial of Service The Grantee shall not terminate residential Service for nonpayment of a delinquent account unless the Grantee provides initial notice of the delinquency and impending termination at least ten (10) days prior to the proposed termination. The notice shall be mailed, postage prepaid, to the Subscriber to whom the Service is billed. This notice shall not be sent until the twenty-eighth (281h) day after the initial bill for Services was mailed to the Subscriber. The notice of delinquency and impending termination may be part of a billing statement. This section does not apply to Subscribers disconnected due to NSF checks. The Grantee shall only terminate Service on days when the Subscriber can reach a representative of the Grantee either in person or by telephone. Service terminated without good cause must be restored without charge for the Service restoration. Good cause includes, but is not limited to, signal leakage, failure to pay, payment by check for which there are insufficient funds, theft of Service, abuse of equipment or System personnel, or other similar Subscriber actions. Subject to provisions of the franchise agreement, the Grantee shall furnish and maintain Services to each person, in the franchise areas, who qualify for service, who makes a request to receive any programming service. Nothing is these Standards shall limit the right of the Grantee to deny Service to any household or individual which has a negative credit or service history with the Grantee, which may include non-payment of bills or theft or damage to the Grantee's equipment, or who has threatened or assaulted employees of the Grantee in the course of their employment. 10. Deposits, Refunds, and Credits Refund checks will be issued promptly within forty-five (45) days following the Subscriber request. Credits for Service will be issued no later than the Subscribers next billing cycle following the determination that a credit is warranted. 11. Rates, Fees, and Charges The Grantee shall not, except to the extent permitted by law, impose any fee or charge on any Subscriber for service calls to said Subscriber's premises to perform any repair or maintenance work related to Grantee-installed equipment necessary to receive Service, except any such work which was necessitated by a negligent or wrongful act of said Subscriber. Where the actions of the Grantee, its agent(s) or subcontractor(s) can be shown upon a reasonable demonstration of evidence to have contributed to the theft, loss or damage of a converter or other equipment lawfully used by a Subscriber, the Subscriber's liability with respect to said converter or other equipment shall be reduced to the extent of such contributing actions. All charges for residential Services must be applied on a nondiscriminatory basis as provided by law, allowing however, for reasonable discounts to senior citizens and/or the economically disadvantaged and that the Grantee may conduct promotional campaigns in which rates are discounted or waived, and may offer commercial rates or bulk rate discounts for multiple dwelling units, hotels, motels and similar institutions. The Grantee shall not assess late fees until the Subscriber's second billing cycle. The Grantee shall be entitled to recover a fee for all checks retumed due to non-sufficient funds. 12. Privacy Protections The Grantee shall comply fully with all applicable State and federal laws relating to the protection of Subscriber privacy. The Grantee shall not disclose the telephone number of any Subscriber for any purpose that is not directly related to the provision of services offered by Grantee. The Grantee shall not require more personally-identifiable information than is necessary to confn'm the identity of a Subscriber and any past due amounts owed the Grantee. The type of information considered to be necessary, may vary depending on the individual Subscriber. The Grantee may deny service if a Subscriber fails to produce any verifiable personally-identifiable information after being requested to do so. 13. Enforcement The City may seek injunctive relief or any other Judicial remedy available pursuant to state or federal law in order to enforce compliance with these standards. 14. Rights Reserved by the City The City reserves the right to establish additional, reasonable consumer service standards from time to time, as may be necessary, after making a finding of need and after notice and opportunity to be heard fi'om the Grantee and Grantee has agreed to said changes. The City reserves the right to regulate rates for video Service to the fullest extent permitted by law. 15. Consumer Service Reporting Requirements All reports shall be provided for the Coppell franchise area where the capability exists. Otherwise, system-wide reports are acceptable and shall be deemed to reflect Coppell franchise area numbers based on the Allocation Percentage (the number of Franchise Area Subscribers divided by the total system Subscribers). Annual reports shall be due on April 1 annually, unless otherwise agreed upon by the City and the Grantee. The Grantee shall provide annual reports to the City containing, but not limited to, the following information: A. Telephone Report shall contain information relevant to the question of whether its telephone answering system continues to conform to the third paragraph of section 1 of this exhibit. If the City Manager determines, based on complaints or any other evidence, that the Grantee's telephone service does not meet the standards set forth in this exhibit, or any variations in those standards previously agreed to by the City Manager, then the City Manager has the authority to order the Grantee to take appropriate action to meet such standards. Failure of the City Manager to issue such order, however, shall not constitute a waiver of the City's rights with respect to any failure by the Grantee to comply with its obligations pursuant to this exhibit or this Agreement. B. Significant Service Interruptions report which shall track information on a monthly basis. The Grantee shall provide any other information which may be requested by the City relevant to the administration of this firanchise. This information, subject to reasonable confidentiality requirements, shall be delivered to City Hall or shall be made available at the office of the Grantee nearest to the City of Coppell, Texas, within a reasonable period of time. ITY4 ~ , COUNCIL MEETING: December 12 2000 ITEM ITEM CAPTION: Consider approval of entering into a contract with Teague, Nail and Perkins, Inc. for the design of West Sandy Lake Road from Denton Tap to S.H. 121 in an amount not to exceed $1,005,600.00; and authorizing the City Manager to sign. SUBMITtED BY: Kenneth M. Griffin, RE. TITLE: Director of Engineering/Public Works STAFF COMMENTS: See attached memo. BUDGET AMT. $ A1VIT. EST. $ FINANCIAL COMMENTS: The funds for the design of West Sandy. Lake Road ~. ~?~: ~ Agenda Request Form - Revised 5/00 · ! '1 +\-BID $ are available from the Streel ds . CITY 1VIA~AGER REVIEW: Document Name: #engl ,~ MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING Mayor and City Council Members From: Kenneth M. Grifl'm, P.E., Dir. of Engineering/Public Works Date: December 12, 2000 Consider approval of entering into a contract with Teague, Nail and Perkins, Inc. for the design of West Sandy Lake Road from Denton Tap to S.H. 121 in an amount not to exceed $1,005,600.00; and authorizing the City Manager to sign. In November 1999, Coppell voters approved a Bond Program, which included the construction of several roadways within the City of Coppell. Over the last few months, staff has been meeting with various engineering fn'ms conceming design contracts for not only West Sandy Lake Road, but also Coppell Road from Sandy Lake to Bethel Road and Bethel Road from the west city limits to Freeport Parkway. We have fmalized the engineering contract between the City of Coppell and Teague, Nail and Perkins, Inc. for the design of West Sandy Lake Road. Bethel Road and Coppell Road design contracts should come before Council in January 2001. Based on our experience with the current Sandy Lake Road project, several items were identified in Attachment B, Project Scope to help head off some of the problems we have experienced on the construction of the current Sandy Lake Road project. 1. Item 10 of Attachment B is a tree survey of all trees within or immediately adjacent to the existing and/or future right-of-way prepared in accordance with the City's Tree Ordinance. The construction of West Sandy Lake Road will change the look of Sandy Lake Road with the removal of numerous mature trees along the roadway. Therefore, we have asked the consultant to do a tree survey so that we can make better decisions on the front end of the design to mitigate the loss of trees during construction. 2. Paragraph 11 was added to reinforce that there should be several alternatives presented to work around existing trees and to work around existing TXU overhead transmission lines which are located on the south side of West Sandy Lake Road generally from Denton Tap to north Coppell Road. 3. Paragraph 12 was added to insure that the bridge improvements over Cottonwood Creek generally between Coppell Road south and Coppell Road north will have bridge railings similar to the recently constructed portion of Denton Tap Road. 4. Paragraph 13 was added to Include the design of the conduit and foundation for street lights. 5. Paragraph 17 was added to ensure any retaining walls would be constructed as either a stacked block retaining wall, similar to what was recently constructed on the north side of Town Center Drive or some type of concrete retaining wall with stamped texture and/or color added for aesthetic enhancement. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" 6. Paragraphs 24 and 25 was added to clearly lay out responsibility for existing irrigation systems within the project scope and to insure that new irrigation systems are provided for any proposed median areas. 7. Paragraph 26F was added to ensure that the design would include pavers in the narrow median areas generally associated with left turn lanes. Currently, we only provide pavers in the median noses, which creates a thin median that has to be irrigated and maintained by the Leisure Services Department. 8. Paragraph 28 was added to ensure that a traffic control plan would be generated for each phase of the construction. This should ensure that we have a better understanding of what side streets could be closed for prolonged periods of times to allow for the construction. This information would be provided to the bidders on the project. This should equate to a less expensive construction price. An item added to the design of Sandy Lake is the design of the remainder of Royal Lane. Currently, Royal Lane has a section immediately south of Sandy Lake where only one-half of the roadway is constructed. We have asked the consultant to include the design of the leave out section in his design of Sandy Lake Road and a determination can be made at some point in the future as to whether or not we will include the construction of the west half of Royal Lane with the construction of Sandy Lake Road. In reviewing the route of Sandy Lake Road it is quite obvious that there will be numerous problems associated with the section from Denton Tap to north Coppell Road, namely tree removal, TXU transmission lines on the south side and fight-of-my acquisition. Taking that into consideration, we have asked the consultant to design the project as a single project but prepare construction plans in two phases. Phase One would be ~:om S.H. 121 to approximately State Road. Phase Two would be from State Road to approximately Denton Tap Road. Our thoughts are that phasing the project would allow us an oppommity to construct the west end of Sandy Lake Road on an earlier time frame. The west end provides commercial traffic to the Freeport North area and will also allow traffic to access State Road to the newly proposed Freeport connection toward Bethel Road. During my review of West Sandy Lake Road for inclusion in the Bond Program, I estimated that the engineering design cost would be one million dollars. Therefore, the total fee of $1,005,600.00 is in line with my expectations. Also, the $1,005,600.00 fee includes the design of a portion of Royal Lane. The finn of Teague, Nail and Perkins, Inc. has previously worked for the City of Coppell. They were the design engineers on Wrangler Drive from Belt Line Road to Freeport Parkway. While the construction of Wrangler Drive encountered many difficulties, especially with utility conflicts during construction, the fu'rn of Teague, Nail and Perkins, Inc. was always available to help resolve issues and stayed with the project throughout construction helping the City to resolve several liquidated damage issues. Staff recommends approval of entering into a contract with Teague, Nail & Perkins, Inc for the design of West Sandy Lake Road in an amount not to exceed $1,005,600.00 and authorizing the City Manager to sign. Staff will be available to answer any questions at the Council meeting. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" CITY OF COPPELL CONSULTING ENGINEERS CONTRACT STATE OF TEXAS § KNOW ALL BY THESE PRESENTS CITY OF COPPELL § THIS ENGINEERING SERVICES CONTRACT, hereinafter referred to as "Contract," made, entered into and executed this the day of ,2000, by and between the City of Coppell acting by and through the Mayor with approval of the City Council hereinafier referred to as "City", and Teague Nall and Perkins, Inc., hereinafier referred to as "Engineer". WITNESSETH WHEREAS, the City desires to contract for Professional Engineering Services, hereinafier referred to as "Services", in connection with the design and construction of WEST SANDY LAKE ROAD (Denton-Tap Road to SH 121), hereinaRer referred to as the "Project"; and WHEREAS, the Engineer is acceptable to the City and is willing to enter into a Contract with the City to perform the hereinafter defined Services necessary to complete the Project; and WHEREAS, said Services shall be as defined herein and in the detailed Basic Services, Attachment A, and Special Services, Attachment E, based upon the Project Scope outlined in Attachment B, all of which are incorporated herein by attachment and by reference; and WHEREAS, this contract shall be administered on behalf of the City by its City Engineer or his duly authorized representative. The Engineer shall fully comply with any and all instructions from said City Engineer. AGREEMENT NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: The City agrees to retain the Engineer, and the Engineer agrees to provide Services in connection with the Project as defined herein, and for having rendered such Services the City agrees to pay to the Engineer fee for these Services as mutually agreed. All Services under this Contract shall be performed under the direct supervision of the City Engineer. 1. Scone of Services, Basic Services: The work tasks and activities to be performed and deliverable to be provided by the Engineer shall be in accordance with Attachment A, Basic Services, including modifications to the Basic Services as mutually agreed to by the City and the Engineer in accordance with the provisions of this Contract. Special Services Not Included In Basic Services: When mutually agreed to in writing by the City and the Engineer, the Special Services shall be provided by the Engineer. These Special Services are not included as a part of Basic Services and shall be paid for by the City in addition to payment for Basic Services. Should it be determined that one or more of the requirements of this Contract conflict with the requirements of the Basic Services, including modifications to the Basic Services or any attachments to this contract; the requirement of the Contract shall govern. Propress Schedule. Within ten (10) days after receiving Notice to Proceed (NTP) the Engineer shall submit to the City a Schedule of Services consisting of a listing of the major Project tasks, the estimated consultant hours required to perform the tasks, the percentage of the Contract budget estimated to be allocated to each task and a bar chart schedule showing task beginning and completion dates. Significant milestones for the Project shall be identified. At a minimum, milestones shall be provided for the three design submittals described in Attachment A, Basic Services: Schematic Design Submittal, Preliminary Design Submittal, and Final Plans, Specifications, and Estimate (PS&E) Submittal. Based on Schedule of Services, the City shall compile Attachment D, Project Schedule which shall become a part of this Contract upon approval of the Engineer and the City. The Engineer shall provide to the City information to report and monitor the design tasks within the Project Schedule by completing a "Design Progress Report" on a form provided by the City. The Engineer shall complete and provide to the City said report at two week intervals. Compensation. Basic Services Fee: The Engineer shall be paid a fee for Basic Services under this Contract pursuant to the Fee Schedule described below. The Basic Services Fee shall not exceed the lump sum of Nine Hundred Eiphtv-Six Thousand, Eileht Hundred and Fifty dollars ($986,850.00) provided, however, that modifications to the Basic Services, or other conditions defined herein may necessitate a change of Fee which shall be reduced to writing and approved by the City or its designee. Engineering Design & Construction Services: Design Surveys 0ncl. Tree Survey): Property Surveys & R/W-Esmt. Documents: Geotechnical Investigations: Landscape Architecture: CLOMR: LOMR: Section 404 Permit Application: $709,550.00 44,600.00 25,400.00 16,000.00 148,000.00 16,500.00 10,600.00 $ 16.200.00 TOTAL (Basic Services): $986,850.00 Special Services Fee: If Special Services are requested by the City, the Engineer shall be paid a fee under this Contract for any Special Services provided, pursuant to the Fee Schedule described below. The Special Services Fee shall not exceed the lump sum of Eit, hteen Thousand, Seven Hundred and Fifty dollars ($18,750.00) provided, however, that modifications to the Special Services, or other conditions defined herein may necessitate a change of Fee which shall be reduced to writing and approved by the City or its designee. Royal Lane Design: $ 18.750.00 TOTAL (Special Services): $ 18,750.00 Total Maximum Fee: Total Maximum Fee for this Contract shall be a lump sum of One Million, Five Thousand, Six Hundred dollars ($1,005,600.00): The Imp sum Basic Services Fee plus the lump sum Special Services Fee. Invoices: The Engineer shall submit invoices at not less than thirty (30) calendar days for Basic Services Part I and/or Basic Services Part H on or before the twenty fifth (251h) calendar day of the month, or the preceding business day if the twenty fifth occurs on a weekend and/or observed holiday. Payment shall be based on the invoices submitted to the City, provided that Services completed as indicated in the Design Progress Reports appmved by the City equals or exceeds the increment percentage requested on the Engineer's invoices. Engineer's invoices to City shall Page 3 provide complete information and documentation to substantiate Engineer's charges and shall be in a form to be specified by the City Engineer. Should additional documentation be requested by the City Engineer the Engineer shall comply promptly with such request. E, Payments: All payments to Engineer shall be made on the basis of the invoices submitted by the Engineer and appwved by the City. Following approval of invoices, City shall endeavor to pay Engineer promptly, however, under no circumstances shall Engineer be entitled to receive interest on amounts due. The City, in compliance with Texas State law, shall process a maximum of one payment to the Engineer per month. City reserves the right to correct any error that may be discovered in any invoice whether paid to the Engineer or not, and to withhold the funds requested by the Engineer relative to the error. Fee Increases. Any other provision in this Contract notwithstanding, it is specifically understood and agreed that the Engineer shall not be authorized to undertake any Services pursuant to this Contract reqtiring the payment of any fee, expense or reimbursement in addition to the fees stipulated in Article 3 of this Contract, without having first obtained specific written authorization from the City. The written authorization for additional Services shall be in the form of a Modification to the Scope of Services approved by the City Engineer and/or the City Council, if required. Modifications to the Scone of Services. Either the Engineer or the City Engineer may initiate a written request for a Modification to the Scope of Services when in the opinion of the requesting Party, the needs and conditions of the Project warrant a modification. Upon the receipt of a request by either Party, the Engineer and the City Engineer shall review the conditions associated with the request and determine the necessity of a modification. When the Parties agree that a modification is warranted, the Engineer and the City Engineer shall negotiate the specific modification(s) and any changes in the Total Maximum Fee or Project Schedule resul-ing from the modification(s). Approval of a modification shall be in the form of a wri~en Modification to the Scope of Services which clearly defines the changes to the previously approved Scope of Services, Fee and/or Project Schedule. Said written Modification shall be approved by Engineer, authorized by the City Council, if required, and issued by the City Engineer. Issuance of the approved Scope of Services modification shall constitute a notice to proceed with the Project in accordance with the modified Scope of Services. The icily Engineer may issue written Modifications to the Scope of Services without prior approval of the City Council when the modifications are to be accomplished within the authorized Total Maximum Fee and do not materially or substantively alter the overall scope of the Project, the Project Schedule or the Services provided by the Engineer. Page4 Project Deliverables. For each submittal identified in Attachment A, Scope of Services, the Engineer shall provide the City with one set of repmducibles, one set of bluelines or hard copy and electronic media of the submittal documents. For any required environmental assessment, the Engineer shall provide one set of draft and one set of final Environmental Reports. The Environmental Reports shall be submitted as original reproducibles and on electronic media. The electronic file may omit photographs and government prepared maps. If photographs are included in the report they shall be taken with a 35 mm camera or larger format earnera. Color laser copies may be substituted for the original photographs in the final report. A transmittat letter shall be included with the Environmental Reports and shall include an executive summary outlining: a.) Findings of the Reports; b.) Conclusions; c.) Recommendations; and d.) Mitigation/remediation cost estimates. Proiect Control. It is understood and agreed that all Services shall be performed under the administrative direction of the City Engineer. No Services shall be performed under this Contract until a written Notice to Proceed is issued to the Engineer by the City Engineer. In addition, the Engineer shall not proceed with any Services after the completion and delivery to the City of the Conceptual Design Submittal, Preliminary Design Submittal, or the Final PS&E Submittal as described in the Basic Services without written instruction f~om the City. The Engineer shall not be compensated for any Services performed after the said submittals and before receipt of City's written instruction to proceed. Partnerin~. The City shall encourage participation in a partnering process that involves the City, Engineer and his or her sub-consultants, and other supporting jurisdictions and/or agencies. This partnering relationship shall begin at the Pre-Design Meeting and continue for the duration of this Contract, including the addition of the Contractor during construction. By engaging in partnering, the parlies do not intend to create a legal partnership, to create additional contractual relationships, or to in any way alter the legal relationship which otherwise exists between the City and the Engineer. The partnering effort shall be structured to draw on the strengths of each organization to identify and achieve reciprocal goals. The objectives of partnering are effective and efficient contract performance and completion of the Project within budget, on schedule, in accordance with the Scope of Services, and without litigation. Participation in partnering shall be totally voluntary and all participants shall have equal stares. Disl~utes. The City Engineer shall act as referee in all disputes under the terms of this Contract between the Paxties hereto. In the event the City Engineer and the Engineer are unable to reach acceptable resolution of disputes concerning the Scope of Services to be performed under this Contract, the City and the Engineer shall negotiate in good faith toward resolving such disputes. The City Engineer may present unresolved disputes Page 5 10. 11. 12. arising under the terms of this Contract to the City Manager or designee. The decision of the City Manager or designee shall be final and binding. An irreconcilable or umesolved dispute shall be considered a violation or breach of contract terms by the Engineer and shall be grounds for termination. Any increased cost incurred by the City arising from such termination shall be paid by the Engineer. Enpineer's Seal. The Engineer shall place his Texas Professional Engineers seal on all engineering documents and engineering data prepared under the supervision of the Engineer in the performance of this Contract. Liability. Approval of the Plans, Specifications, and Estimate (PS&E) by the City shall not constitute nor be deemed a release of the responsibility and liability of Engineer, its employees, subcontractors, agents and consultants for the accuracy and competency of their designs, working drawings, tracing, magnetic media and/or computer disks, estimates, specifications, investigations, studies or other documents and work; nor shall such approval be deemed to be an assumption of such responsibility by the City for any defect, error or omission in the design, working drawings, tracings, magnetic media and/or computer disks, estimates specifications, investigations, studies or other documents prepared by Engineer, its employees, subcontractors, agents and consultants. Engineer shall indemnify City for damages resulting from such defects, errors or omissions and shall secure, pay for and maintain in force during the term of this Contract sufficient errors and omissions insurance in the amount of $250,000.00 single limit, with certificates evidencing such coverage to be provided to the City. The redesign of any defective work shall be the sole responsibility and expense of the Engineer. Any work constructed, found to be in error because of the Engineer's design, shall be removed, replaced, corrected or otherwise resolved at the sole responsibility and expense of the Engineer. The paxties further agree that this liability provision shall meet the requirements of the express negligence rule adopted by the Texas Supreme Court and hereby specifically agree that this provision is conspicuous. Indemnification. Engineer shall indemnify, hold harmless and defend the City of Copi~ell, its officers, agents and employees from any loss, damage, liability or expense, including attomey fees, on account of damage to property and injuries, including death, to all persons, including employees of Engineer or any associate consultant, which may arise ~'om any errors, omissions or negligent act on the part of Engineer, its employees, agents, consultants or subcontractors, in performance of this Contract, or any breach of any obligation under this Contract. It is further undentood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be solely for the benefit of the parties hereto and shall not create or grant any rights, contractual or otherwise to any person or entity. The parties further agree that this indemnification provision shall meet the requirements of the express negligence rule adopted by the Texas Supreme Court and hereby specifically agree that this provision is conspicuous. Page 6 13. Delays and Failure to Perform. Engineer understands and agrees that time is of the essence and that any failure of the Engineer to complete the Services of this Contract within the agreed Project Schedule shall constitute material breach of this Contract. The Engineer shall be fully responsible for its delays or for failures to use diligent effort in accordance with the terms of this Contract. Where damage is caused to the City due to the Engineer's failure to perform in these circumstances, the City may withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. The Engineer shall not be responsible for delays associated with review periods by the City in excess of the agreed Project Schedule. 14. Termination of Contract It is agreed that the City or the Engineer may cancel or terminate this Contract for convenience upon fifteen (15) days written notice to the other. Immediately upon receipt of notice of such cancellation from either party to the other, all Services being performed under this Contract shall immediately cease. Pending final determination at the end of such fifteen-day period, the Engineer shall be compensated on the basis of the percentage of Services provided prior to the receipt of notice of such termination and indicated in the final Design Progress Report submitted by the Engineer and approved by the City. 15. Personnel Qualifications. Engineer warrants to the City that all Services provided by Engineer in the performance of this Contract shall be provided by personnel who are appropriately licensed or certified as required by law, and who are competent and qualified in their respective trades or professions. 16. Quality Control. The Engineer agrees to maintain written quality control procedures. The Engineer further agrees to follow those procedures to the extent that, in the Engineer's judgment, the procedures arc appropriate under the circumstances. 17. OwnershiD. All Engineer's designs and work product under this Contract, including but not limited to tracing, drawings, electronic or magnetic media and/or computer disks, estimates, specifications, investigations, studies and other documents, completed or partially completed, shall be the property of the City to be used as City desires, without restriction; and Engineer specifically waives and releases any proprietary rights or ownership claims therein and is relieved of liability connected with any future use by City. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to such documents while they are in the possession of or while being worked upon by the Engineer or anyone connected with the Engineer, including agents, employees, consultants or subcontractors. All documents so lost or damaged while they are in the possession of or while being worked upon by the Engineer shall be replaced or restored by Engineer without cost to the City. Page 7 18. Project Records and Right to Audit. The Engineer shall keep, retain and safeguard all records relating to this Contract or work performed hereunder for a minimum period of three (3) years following the Project completion, with full access allowed to authorized representatives of the City upon request for purposes of evaluating compliance with provisions of this Contract. Should the City Engineer determine it necessary, Engineer shall make all its records and books related to this Contract available to City for inspection and auditing purposes. 19. Non-Discrimination. As a condition of this Contract, the Engineer shall take all necessary action to ensure that, in connection with any work under this Contract it shall not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex or physical impairment unrelated to experience, qualifications or job performance, either directly, indirectly or through contractual or other arrangements. 20. Gratuities. City of Coppell policy mandates that employees shall never, under any circumstances, seek or accept, directly or indirectly from any individual doing or seeking to do business with the City of Coppell, loans, services, payments, entertainment, trips, money in any amount, or gifts of any kind. 21. No Waiver. No action or failure to act on the part of either Party at any time to exercise any rights or remedies pursuant to this Contract shall be a waiver on the part of that Party of any of its rights or remedies at law or contract. 22. Comnliance with Laws. The Engineer shall comply with all Federal, State and local laws, statutes, City Ordinances, rules and regulations, and the orders and decrees of any courts, or administrative bodies or tribunal in any matter affecting the performance of this Contract, including without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, Engineer shall furnish the City with satisfactory proof of compliance therewith. 23. Severability. In ease one or more of the provisions contained in this Contract shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforeeability shall not affect any other provisions hereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 24. Venue. With respect to any and all litigation or claims, the laws of the State of Texas shall apply and venue shall reside in Dallas County. Page 8 25. 26. 27. Prior Negotiations. This Contract supersedes any and all prior understandings and agreement by and between the Parties with respect to the terms of this Contract and the negotiations preceding execution of this Contract. Contacts. The Engineer shall direct all inquiries from any third party regarding information relating to this Contract to the City Engineer. List of Attachments. Attachment "A" Basic Services Attachment "B" Project Scope Attachment "C" Services and Information to Be Provided By the City Attachment "D" Project Schedule Attachment "E" Special Services 28. Notification. All notices to either Party by the other required under this Contract shall be delivered personally or sent by certified U.S. mail, postage prepaid, addressed to such Party at the following respective addresses: City: City of Coppell, Texas Kenneth M. Griffin. P.E. Director of Engineering & Public Works 255 Parkway Blvd. Coppell. Texas 75019 Engineer: Michael A. Jones, P.E. Teague Nail and Perkins, Inc. 1100 Macon Street Fort Worth, Texas 76102 Page 9 IN W1TNESS WHEREOF, the City of Coppell, Texas and the Engineer have caused these presents to be executed by duly authorized representatives on the day and year set forth above. THE CITY OF COPPELL BY: ENGINEER: TEAGUE NALL AND PERKINS. INC. BY: Mayor Date: Michael A. Jones, P.E., Vice President Date: ATTEST: ATTEST: (CORPORATE SEAL) PagelO ATTACHMENT "A" BASIC SERVICES West Sandy Lake Road (Denton-Tap Road to SH 121 ) The Engineer agrees to render services necessary for the development and completion the Project as outlined herein, based upon the Project Scope outlined in Attachment B. The Basic Services to be performed by Engineer under this Contract include the following: A. SCHEMATIC DESIGN When requested by the City, the Engineer shall attend preliminary conferences with authorized representatives of the City regarding the project and such other conferences as may be necessary in the opinion of the City so that the plans and specifications which are to be developed hereunder by the Engineer, will result in providing facilities which are economical in design and conform to instruction from the City. 2. The Engineer shall attend such conferences with officials of other agencies including other engineering and/or surveying firms under contract with the City, as may be necessary in the opinion of the City for coordination of the proposed paving and related improvements with the requirements of such other agencies. It shall be the Engineer's duty hereunder to secure necessary information from such agencies. The Engineer shall advise the City with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The Engineer shall also advise the City concerning the results of same. Such surveys, tests, and investigations shall made only upon authorization by and at the expense of the City, unless otherwise provided herein. During the schematic design phase the Engineer shall coordinate with all utilities as to any proposed utility lines or the need for adjustment to the existing utility lines within the project limits. The information obtained shall be shown on the schematic plans and addressed in the schematic design report. The Engineer shall show on the schematic, preliminary, and final plans the location of the proposed utility lines, existing utility lines, and any adjustments and/or relocation of the existing lines based of information provided by the respective utility company. The Engineer shall provide necessary design field surveys for his use in the preparation of plans and specifications. The Engineer shall also provide sufficient property surveys to prepare the necessary right-of-way and/or easement documents and related exhibits for acquisition of right-of-way and/or easements with use of Engineer's documents. The Engineer shall supply construction plans to all utility companies, including but not limited to franchised utilities and pipeline companies which have existing and proposed facilities within the limits of the Project. The above mentioned construction plans shall consist of the following: one set of schematic plans, one set of dated preliminary plans, and, one set of dated and approved advertising (final) plans. The Engineer shall furnish for City review two (2) copies each of the schematic engineering plans at a scale of 1 "=20' and a written report on the project in sufficient detail to indicate clearly the problems involved and the alternate solutions available to the City, to include layouts, preliminary right-of-way needs, opinion of probable cost for each alternate proposed, and the Engineer's recommendation(s). The Engineer shall also furnish the City with color exhibits for presentations at City Council and other meetings with the public, individuals, neighborhood groups, etc. w PRELIMINARY DESIGN The Engineer shall meet with the City to discuss the schematic design plans and report, and the Engineer will then proceed with preparation of the preliminary design of the project incorporating all comments received from the City and agreed upon by both the City and the Engineer into these plans. The Engineer shall gather and review existing traffic data and, as necessary, develop projections for traffic design volumes for intersections, through traffic and turning movements. The Engineer shall provide detailed design data, profiles, cross-sections where appropriate, opinions of probable cost, and furnish two (2) copies of detailed preliminary design plans for the project to the City for review. The Engineer shall indicate on the plans the location of existing and proposed utilities and storm drains. Storm drainage calculations shall also be provided on the drainage layout sheet in the plans. After receipt of preliminary design review comments from the City, the Engineer shall make all corrections noted and then commence preparation of the final design plans and specification/contract documents. Page 2 FINAL PLANS, SPECIFICATIONS, AND ESTIMATE (P S & E) Incorporating all City review comments from the preliminary design submittal, the Engineer will complete the final plans, prepare contract documents/specifications, and a final opinion of probable cost for the authorized construction units. This shall include summaries of bid items and quantities, but the Engineer does not guarantee that Contractor bids will not vary from such opinion. Each of these items (2 copies each) shall be submitted to the City for final approval. After receipt of final plan/specifications/contract documents review comments from the City, the Engineer shall make all corrections noted and then furnish twenty (20) copies of contract documents and final bid plans to the City for distribution to Contractors for bidding the Project. Contract documents shall contain the Notice to Bidders, Proposal, Wage Rates, General and Special Provisions, Special Specifications, Insurance Statement, Payment, Performance, and Maintenance Bonds, and all other required City Contract forms. The original drawings of all plans shall be plotted in ink on approved plastic film sheets, or as otherwise approved by the City Engineer, and shall become the property of the City. A half-sized set of plans will also be provided to the City, if requested. The City may use such drawings in any manner it desires provided, however, that the Engineer shall not be liable for the use of such drawings for any project other than the project described herein. The Engineer shall determine the right-of-way and easement needs necessary for the construction of the project and furnish same to City. The Engineer shall provide the necessary land survey, Deed and Abstract Records searoh, right-of-way exhibit and description of the single property parcel to be acquired for this project. CONSTRUCTION ADMINISTRATION. The Engineer will assist the City in the advertisement for bids--prepare Notice to Bidders for required newspaper advertising -and place notice with Texas Contractor magazine and Dodge Report. The Engineer will attend a pre-bid meeting if deemed necessary by the City. The Engineer shall assist in the tabulation and review of all bids received for the construction of the improvements, and shall make recommendations to the City concerning these bids. At any time during the construction of this project, the Engineer shall advise on special review shop drawings required of the Contractor by the Construction Contract(s). Such review shall be for general conformance with the design concept and general compliance with the plans and specifications under the Construction Contract(s). Page 3 After selection of Contractor(s) and award of contract(s) by the City, the Engineer will assist in the preparation of contract documents, including contract, performance, payment, and maintenance bonds and all other related City forms required to initiate construction on the project(s). 5. Engineer will arrange a pre-construction conference with City staff, Contractor(s), and all affected utility companies. Engineer will provide periodic field representation and will monitor construction progress as often as Engineer deems necessary. However, once every two (2) weeks the Engineer shall attend a scheduled meeting with the project inspector and the Contractor(s) to discuss the construction progress. A written report shall be provided to the City after each of these bi-weekly meetings. Engineer will also attend a monthly progress meeting, normally at City Hall, along with the project inspector, contractor's representative, utility company representatives and City Staff to discuss the status of the project, issues related to the project and work to be accomplished in the near future. 8. Engineer will consult and advise the City regarding the need for any contract change orders and will prepare change orders as required for City approval. 9. Engineer will be available for interpretation of plans and specifications as may be required by the Contractor(s) in the field. 10. The Engineer will, with assistance from the City Inspector on the project(s), prepare and process monthly and final pay requests from the Contractor(s) to the City. 11. Engineer will provide, in conjunction with the City, a final inspection of the project and provide a "punch list" of deficient items to the Contractor(s). 12. Engineer will revise construction drawings as necessary to adequately reflect any revisions in the construction from that which was represented on the plans and/or specifications. Engineer will provide the City with one (1) set of mylar reproducible "Record Drawings" within 30 days after the completion of the project including updated digital files of the new construction for use in the City's computerized mapping system. Page 4 ATTACHMENT "B" PROJECT SCOPE West Sandy Lake Road (Denton-Tap Road to SH 121 ) The Basic Services will be rendered by the Engineer, as described in Attachment "A", based upon the Project Scope as outlined herein: The project will be designed as a 4-lane roadway, from Denton-Tap Road to State Rd./Freeport Pkwy. and a 6-lane roadway from State Rd./Freeport Pkwy. to S.H. 121, with a dividing median where possible to create a boulevard street section. The project will include the design of improved storm drainage facilities along the roadway, based upon City's standard requirements and criteria. The design of water and sanitary sewer improvements will be limited to adjustments in the vertical and/or horizontal alignment of the existing lines at isolated locations along the project. No new water or sanitary sewer lines will be designed and installed as part of this project. An Environmental Assessment and/or Report is not anticipated and will, therefore, not be required for this project. 5. Geotechnical investigations will be performed for the project to include: Subsurface explorations (up to 21 bodngs); Laboratory testing on soil samples; and Engineering report to present the results of the field and laboratory data, together with an analysis of the results and recommendations for earthwork, bridge foundations, pavement subgrade, pavement thickness and design, and pavement construction. The west limits of the project, near S..H. 121, will be established through coordination with the Texas Department of Transportation (TxDOT). No improvements are anticipated within the TxDOT right-of-way for S.H. 1 with the exception of possible transition paving. The project will be designed with a minimum right-of-way width of ninety (90) feet from Denton-Tap Road to State Rd./Freeport Pkwy. and one hundred-ten (110) feet from State Rd./Freeport Pkwy. to S.H. 121, Additional right-of-way will also be needed at major intersections. Right- of-way and/or easement acquisition is anticipated from up to nineteen (19) individual parcels or tracts of land. 10. 11. 12. 13. 14. 15. Sidewalks will be included along both sides of the proposed roadway. A hike & bike trail will be included along portions of Sandy Lake Road. The exact limits and concepts for the hike & bike trail and sidewalks will be developed through coordination efforts with the Leisure Services Department at the City during the Schematic Design phase. The minimum width for a standard sidewalk is five (5) feet; the minimum width for a hike & bike trail is six (6) feet. The project will be designed and constructed in two (2) phases. Phase 1 limits will be from SH 121 to approximately State Road (future Freeport Parkway). Phase 2 limits will be from approximately State Road to Denton-Tap Road. A separate set of plans and contract documents will be required for each phase. A tree survey of all trees within or immediately adjacent to the existing and/or future right-of-way will be prepared in accordance with the City's Tree Ordinance. Concepts for vadous roadway alignments and street cross-sections will be developed and evaluated during the Schematic Design phase, with the intent of saving as many trees as possible and to avoid having to relocate the existing TXU overhead transmission line. Exhibits will be prepared as needed for presentations. The project will include the design of a new bridge at Cottonwood Creek. The proposed improvements and enhancements will be styled similar to the recent bridge improvements on Denton-Tap Road at Denton Creek, and will include pedestrian access, safety barrier & appropriate railing. The project will include the design for TXU conduit and streetlight pole foundations. This work will be included in the plans and specifications, and will be installed and constructed as part of the City's construction contract for the project. Pavement enhancements will be included at the intersections of Coppell Road South, Coppell Road North, State Road (future Freeport Parkway), and Royal Lane as follows: a. Coppell Road South - paver bands across each leg of intersection b. Coppell Road North - paver bands across each leg of intersection c. State Road (future Freeport Parkway) - full paver intersection d. Royal Lane - paver bands across each leg of intersection A Conditional Letter of Map Revision (CLOMR), if necessary, and a Letter of Map Revision (LOMR) will be prepared for the proposed bridge and 16. 17. 18. 19. 20. 21. 22. channel improvements at Cottonwood Creek. (Applicable fees will be paid for by the City.) An application for a Section 404 Permit, included an appropriate Mitigation Plan, will be prepared and submitted to the Corps of Engineers (COE) for improvements within any "Waters of the U.S.", such as at Cottonwood Creek. Coordination with the COE will be provided to determine the extent of impacted "waters" and the proper permit required. Simple modular or "one-step" stacked-block retaining walls will be used wherever possible (for wall heights under 3-4 feet). Structural retaining walls will be designed for wall heights in excess of four (4) feet. Concrete retaining walls will be designed to include a stamped pattern, texture and/or color for aesthetic enhancement on all exposed surfaces. Utility coordination with affected Franchise Utility and/or Pipeline Companies will be established during the Schematic Design phase and maintained throughout the duration of the project. This effort will include regular coordination meetings throughout design and construction of the project. Existing utility lines and related facilities will be located initially as part of the design field surveys, based upon field-locates and other information provided by the utility companies. Additional field ties will be provided at "critical" locations along the project during the Preliminary Design phase, based upon actual "pot-hole" information performed by the City or the respective utility companies. Complete traffic signalization improvements will be designed and included at the intersections of Coppell Road South (3-leg intersection), Coppell Road North (3-leg intersection), State Road or future Freeport Parkway (4- leg intersection) and Royal Lane (3-leg intersection w/adequate conduit for the addition of a future fourth leg to the north). The signal system will include the development of a communications interconnect plan and timing plans. Concepts for alignment and/or intersection geometric improvements will be prepared and evaluated during the Schematic Design phase for the portion of the project between Cottonwood Drive and Branchwood Trail. An access/traffic management plan, related to median openings and turning movements at various side street and commercial driveway intersections, will be developed during the Schematic Design phase. The plan will provide median openings at approximately 500-foot intervals, where practical. 23. 24. 25. 26. 27. 28. 29. The project will include signage and pavement marking improvements in accordance with the Texas Manual of Uniform Traffic Control Devices for Streets and Highways, and City of Coppell standards. Repair or modification of existing irrigation systems will be included in the project scope. The Contractors responsibility and scope of work related to the repair, modification and workability of existing irrigation systems within the right-of-way will be cleady outlined in the specifications and contract documents. New irrigation systems will be included for proposed lawn and landscape improvements within median areas only. Irrigation for proposed lawn and/or landscape improvements within parkway areas will be the responsibility of the property owners and/or Home Owners Associations adjacent to the roadway. Landscape and streetscape improvements will be coordinated with the Leisure Services Department at the City and included in the Project. These improvements will include: a. Monument-type entrance sign near the west end of the project. This sign will be designed in accordance with the established design for other entrance signs in the City. b. Intersection enhancements. c. Enhanced treatments for bddge & culvert railings, bridge abutments, culvert headwalls and other visible drainage structures. d. Planting schemes for medians and right-of-way. e. Irrigation systems for medians. f. Pavers in narrow median areas (generally widths less than 6 feet), such as adjacent to left-tum lanes and through the reverse curve transition into left-turn lanes. Separate plans and specifications will be prepared for the proposed landscape improvements. One (1) set for Phase 1 and a second set for Phase 2 of the Project. Side-street improvements will be included, to the extent necessary to re- establish appropriate roadway grades and drainage patterns along the project. A traffic control plan will be prepared to establish desired traffic flow during each phase of construction. Coordination w/City regarding ongoing or planned development along the project. ATTACHMENT "C" SERVICES & INFORMATION TO BE PROVIDED BY THE CITY West Sandy Lake Road (Denton-Tap Road to SH 121) The City will provide or make available the following services and information (if available), as requested by the Engineer: Existing traffic data for West Sandy Lake Road, such as the City's 2020 study, etc. . Data that the City has on file concerning the project, if available. (i.e., environmental documents, utility information, public hearing transcripts, cost estimates, etc.) Full information regarding requirements for the Project, including a program, which sets forth the City's objectives, schedules, budgets, constraints and criteria. Prompt written notice if the City becomes aware of any fault or defect in the Project or non-conformance in the performance of the Engineer· Available interface data for any projects adjacent to this project, including as-built plans. Any standardized or preferred information such as an example cost estimate, a general notes master file, a sample specification list, and related hard copy documentation for the Engineer's use in preparing preliminary estimates, general notes, and specifications. Available and applicable paper pdnts of design standards, and a diskette with any available design files containing a sample title sheet, plan-profile sheet, plan sheet, quantity sheet, standard construction details and storm water pollution prevention/erosion control details. Existing right-of-way plans, plats and/or easements for Sandy Lake Road and adjacent properties. Any geotechnical information that may be available for Sandy Lake Road or surrounding areas. 10. Available horizontal and vertical control points. 11. Copies of all franchise utility agreements. 12. 13. 14, 15. 16. 17. Floodplain maps & studies for Cottonwood Branch. Assistance in obtaining required data and information from other local, regional, State and Federal agencies. Timely reviews and decisions necessary in order to permit the Engineer to maintain an agreed upon project schedule. Assistance in coordination/negotiation with franchise utility companies regarding relocation of their facilities. Construction management and inspection, including a community liaison, for project. A Media Spokesperson. ATTACHMENT "D" PROJECT SCHEDULE West Sandy Lake Road (Denton-Tap Road to SH 121) TASK SCHEMATIC DESIGN - 8 I~onths Pre-Design Conference wl City Data Coiledion Design Surveys Geotachnical Investigations Schematic Roadway Alignment & Profile Schematic Drainage Design Schematic Concepts for Landscape/Streetscape Access/Traffic Management Plan Schematic Design Report Opinion of Cost - Schematic City Review and Public Presentation Utility Coordination PRELIMINARY DESIGN - 12 Months Preliminary Design Conference w/City Preliminary Roadway Design Preliminary Drainage Design Preliminary Landscape/Streetscape Design Preliminary Bridge Layout Preliminary Signal/Illumination Design Utility Confirmation Surveys Preliminary W & SS Adjustments Design Opinion of Cost - Preliminary City Review and Public Presentation Utility Coordination CLOMR/Section 404 Property Surveys FINAL PS&E - 14 Months Final Design Conference w/City Final Design - Phase I (ind. Royal Lane) R/W Documents - Phase I Final PS&E and Bid Documents - Phase I R/W Acquisition - Phase I City Review - Phase I Final Design - Phase II R/W Documents - Phase II Final PS&E and Bid Documents - Phase II RAN Acquisition - Phase II City Review - Phase II Utility Coordination UTILITY CLEARANCE/ADJUSTMENT - 18 Months Phase I Phase II CONSTRUCTION - 36 Months Phase I Advertise, Bid & Award Phase I Construction Phase I Final Inspection Phase II Advertise, Bid & Award Phase II Construction Phase II Final Inspection POST-CONSTRUCTION Record Drawings LOMR Preparation & Submittal Notes: 2001 J FMAMJ J ASONDJFMA $ $ $ l $ $ I H l $ $ ATTACHMENT "D" PROJECT SCHEDULE West Sandy Lake Road (Denton-Tap Road to SH 121) 2002 2003 2004 2005 2006 2007 MJ JASONDJ FMAMj JASONDJ FMAMJ J ASONDJ FMAMJ JASONDJ FMAMJ JASONDJ FMAMJ JASOND H · ................. :~...., · ............................................ · · .................................... + 1. Project schedule could ha impacted by prolonged negotiations with TXU, extended time for city review and public presentation and/or delays in fight-of-way acquisition and utility clearance. 2, The schedule for completing Phase I Final PS&E could be expedited by approx. 6-8 months, if necessary, by dividing the Preliminary Design into Phase I & Phase II and extending the completion of the Phase II Preliminary Design by 4-6 months. ATTACHMENT "E" SPECIAL SERVICES West Sandy Lake Road (Denton-Tap Road to SH 121 ) Special Services associated with the Project which may be authorized by the City may include, but not necessarily be limited to, the following: A. Royal Lane Iml3rovements Design paving and drainage improvements for Royal Lane (west half of roadway/south-bound lanes) from the intersection at Sandy Lake Road south to improved roadway section (approximately 1,350 LF). The design will include a review and incorporation, as deemed appropriate by the Engineer, of the existing plans for Royal Lane which were developed in conjunction with the construction of the east half of the roadway· The Royal Lane design, if authorized, will not be a separate set of plans, but instead, will be prepared in conjunction with the design for the Phase 1 limits of West Sandy Lake Road, as described in Item No. 9 of Attachment 'B', and will be included in the same set of construction documents. The design of water and sanitary sewer improvements will be limited to adjustments in the vertical and/or horizontal alignment of the existing lines at isolated locations along the proposed improvements. No new water or sanitary sewer lines will be designed and installed as part of these Special Services. 4. Additional design surveys will be performed as necessary. No additional geotechnical investigations will be required beyond those provided for in the Basic Services, as described in Item No. 5 Of Attachment 'B'. No additional right-of-way will be required for these improvements. Sidewalks will be included as directed by the City. Landscape and irrigation improvements will be designed for the median area adjacent to the proposed roadway improvements. Signage and pavement marking improvements will be included in accordance with Texas Manual of Uniform Traffic Control Devices for Streets and Highways and City of Coppell standards. a · ITY COUNCIL MEETING: December 12, 2000 ITEM ITEM CAPTION: Consider approval of a resolution directing publication of notice of intention to issue Certificates of Obligation, Series 2001, in an amount not to exceed $3,000,000.00, for purchasing land for municipal uses, and authorizing the Mayor to sign. SUBMITTED BY: Jennifer Armstrong TITLE: Director of Finance STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS: ~. ~~$: C? Agenda Request Form - Revised 5/00 AMT. EST. $ FIN. REVIEW: +\-BED $ CITY MANAGER REVIEW: Document Name: $bondiss. doc MEMORANDUM Date: To: From: Subject: December 12, 2000 .. Mayor and City Counci ;~ Jim Witt, City Managel\'~ Notification of Issuance of of Obligation d Certificates There are two items on this evening's agenda related to the issuance of COs for the purchase of the Heatley-Moist property at the comer of Ruby and State Roads. The property is set to close for purchase by the City on December 15. At that time funds will be transferred from our General Fund reserves, as well as Water and Sewer Funds, to pay for this. Once the Certificates of Obligation are issued and proceeds received by the City, those accounts will be reimbursed. The final issuance of the bonds will occur with action taken at the January 23 City Council Meeting. Tonight we publish our Notice of Intent related to the issuance of these COs. If you have any questions regarding this property or the issuance, please do not hesitate to contact Jennifer Armstrong, our Director of Finance, or myself. The property contains slightly over 36 acres, and to date we have found no environmental or economic liens that prohibit us from proceeding with the purchase of this property. JW:kb ATTACHMENT "E" SPECIAL SERVICES West' Sandy Lake Road (Denton-Tap Road to SH 121 ) Special Services associated with the Project which may be authorized by the City may include, but not necessarily be limited to, the following: A. Royal Lane Improvements Design paving and drainage improvements for Royal Lane (west half of roadway/south-bound lanes) from the intersection at Sandy Lake Road south to improved roadway section (approximately 1,350 LF). The design will include a review and incorporation, as deemed appropriate by the Engineer, of the existing plans for Royal Lane which were developed in conjunction with the construction of the east half of the roadway. The Royal Lane design, if authorized, will not be a separate set of plans, but instead, will be prepared in conjunction with the design for the Phase 1 limits of West Sandy Lake Road, as described in Item No. 9 of Attachment 'B', and will be included in the same set of construction documents. The design of water and sanitary sewer improvements will be limited to adjustments in the vertical and/or horizontal alignment of the existing lines at isolated locations along the proposed improvements. No new water or sanitary sewer lines will be designed and installed as part of these Special Services. 4. Additional design surveys will be performed as necessary. No additional geotechnical investigations will be required beyond those provided for in the Basic Services, as described in Item No. 5 of Attachment 'B'. 6. No additional right-of-way will be required for these improvements. 7. Sidewalks will be included as directed by the City. Landscape and irrigation improvements will be designed for the median area adjacent to the proposed roadway improvements. Signage and pavement marking improvements will be included in accordance with Texas Manual of Uniform Traffic Control Devices for Streets and Highways and City of Coppell standards. CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS COUNTIES OF DALLAS AND DENTON CITY OF COPPELL We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in REGULAR MEETING ON THE 12TH DAY OF DECEMBER, 2000, at the William T. Cozby Library, and the roll was called of the duly constituted officers and members of said City Council, to-wit: Candy Sheehan, Mayor Larry Wheeler, Mayor Pro Tem Greg Garcia Marsha Tunnell Doug Stover Jayne P. Peters Diana Raines Bill York Libby Ball, City Secretary and all of said persons were present, except the following absentees: thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF COPPELL, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2001 was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Resolution be passed; and, after due discussion, said motion carrying with it the passage of said Resolution, prevailed and carried by the following vote: AYES: All members of said City Council shown present above voted "Aye". NOES: None CITY COUNCIL MEETING: December 12, 2000 ITEM ITEM CAPTION: Consider approval of a resolution directing publication of notice of intention to issue Certificates of Obligation, Series 2001, in an amount not to exceed $3,000,000.00, for purchasing land for municipal uses, and authorizing the Mayor to sign. SUBMITTED BY: Jennifer Armstrong TITLE: Director of Finance STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS: AMT. EST. $ ~. ~~: %? Agenda Request Form - Revised 5/00 FIN. REVIEW: +\-BID $ MANAGER REVIE W~ CITY : , Document Name: $bondiss.doc MEMORANDUM Date: To: From: Subject: December 12, 2000 Mayor and City Counci Jim Witt, City Manager", of Notification of Issuance d Certificates of Obligation There are two items on this evening's agenda related to the issuance of COs for the purchase of the Heatley-Moist property at the comer of Ruby and State Roads. The property is set to close for purchase by the City on December 15. At that time funds will be transferred from our General Fund reserves, as well as Water and Sewer Funds, to pay for this. Once the Certificates of Obligation are issued and proceeds received by the City, those accounts will be reimbursed. The final issuance of the bonds will occur with action taken at the January 23 City Council Meeting. Tonight we publish our Notice of Intent related to the issuance of these COs. If you have any questions regarding this property or the issuance, please do not hesitate to contact Jennifer Armstrong, our Director of Finance, or myself. The property contains slightly over 36 acres, and to date we have found no environmental or economic liens that prohibit us from proceeding with the purchase of this property. JW:kb 2. That a true, full and correct copy of the aforesaid Resolution passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said City Couneil's minutes of said Meeting pertaining to the passage of said Resolution; that the persons named in the above and fore- going paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and that said Meeting was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. 3. That the Mayor of said City has approved and hereby approves the aforesaid Resolution; that the Mayor and the City Secretary of said City have duly signed said Resolution; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED the 12th day of December, 2000. City Secretary Mayor SEAL RESOLUTION NO. DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF COPPELL, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2001 THE STATE OF TEXAS COUNTIES OF DALLAS AND DENTON CITY OF COPPELL WHEREAS, the City deems it advisable to give notice of intention to issue Certificates of Obligation in the amount of $3,000,000 for the purpose of paying, in whole or in part, contractual obligations for the acquisition of approximately 36.339 acres for municipal uses located across the street from the Wagon Wheel Park at the intersection of Ruby and State Streets, and for paying legal and fiscal fees in connection with this project; and WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution was passed, was open to the public and public notice of the time, place, and purpose of said meeting was given, all as required by Chapter 551, Texas Govemment Code. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: 1. That attached hereto is a form of the Notice of Intention to issue Certificates of Obligation, the form and substance of which is hereby adopted and approved. 2. That the City Secretary shall cause said notice to be published in substantially the form attached hereto, in a newspaper of general circulation in said City, and published in said City, on the same day in each of two consecutive weeks, the date of the first publication thereof to be at least 14 days prior to the time set for the issuance of such certificates of obligation as shown in said notice. 3. That this Resolution shall become effective immediately upon adoption. APPROVED THIS THE 12TH DAY OF DECEMBER, 2000. City Secretary Mayor APPROVED AS TO FORM: City Attorney CITY OF COPPELL, TEXAS NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION, SERIES 2001 IN THE PRINCIPAL AMOUNT OF $3,000,000 The City of Coppell does hereby give notice of intention to issue Certificates of Obligation, Series 2001, in the maximum principal mount not to exceed $3,000,000 for the purpose of paying, in whole or in part, contractual obligations for the acquisition of approximately 36.339 acres for municipal uses located across the street from the Wagon Wheel Park at the intersection of Ruby and State Streets, and for paying legal and fiscal fees in connection with this pwject. The City proposes to provide for the payment of such Certificates of Obligation from the levy and collection of ad valorera taxes in the City as provided by law. The City Council intends to consider for passage, at a Regular Meeting to be held at 7:30 P.M. on January 23, 2001, an Ordinance authorizing the issuance of Certificates of Obligation, Series 2001, at the City Hall, Coppell, Texas. Candy Sheehan, Mayor 8~ e~*~~ITY COUNCIL MEETING: December 12, 2000 ITEM ITEM CAPTION: Consider approval of a Resolution expressing official intent to receive reimbursement for costs incurred in connection with the acquisition of 36.339 acres for municipal uses prior to the issuance of the bonds, and authorizing the Mayor to sign. SUBMITTED BY: Jennifer Armstrong TITLE: Director of Finance STAFF COMMENTS: This resolution allows the City to receive reimbursement from the proceeds of the bond issue for costs that the City incurs related to the "Project" as outlined in the resolution. BUDGET AMT. $ FINANCIAL COMMENTS: ~. ~~: ? Agenda Request Form - Revised 5/00 AMT. EST. $ FIN. REVIEW: +X-BID $ CITY MANAGER REViEW:~~ Document Name: $ecodere.doc CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS COUNTIES OF DALLAS AND DENTON CITY OF COPPELL We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in REGULAR MEETING ON THE 12TH DAY OF DECEMBER, 2000, at the William T. Cozby Library, and the roll was called of the duly constituted officers and members of said City Council, m-wit: Candy Sheehan, Mayor Larry Wheeler, Mayor Pro Tem Greg Garcia Marsha Tunnell Doug Stover Jayne P. Peters Diana Raines Bill York Libby Ball, City Secretary and all of said persons were present, except the following absentees: thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OF MUNICIPAL ACQUISITIONS was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Resolution be passed; and, after due discussion, said motion carrying with it the passage of said Resolution, prevailed and carried by the following vote: AYES: All members of said City Council shown present above voted "Aye". NOES: None 2. That a true, full and correct copy of the aforesaid Resolution passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said City Cotmcil's minutes of said Meeting pertaining to the passage of said Resolution; that the persons named in the above and fore- going paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and that said Meeting was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Govemrnent Code. 3. That the Mayor of said City has approved and hereby approves the aforesaid Resolution; that the Mayor and the City Secretary of said City have duly signed said Resolution; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall ' constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED the 12th day of December, 2000. City Secretary Mayor SEAL RESOLUTION NO. EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OF MUNICIPAL ACQUISITIONS THE STATE OF TEXAS COUNTIES OF DALLAS AND DENTON CITY OF COPPELL WHEREAS, the City of Coppell, Texas (the "Issuer") is a municipality of the State of Texas; and WHEREAS, the Issuer expects to pay expenditures in connection with the purpose of acquisition of 36.339 acres for municipal uses located across the street from the Wagon Wheel Park at the intersection of Ruby and State Streets (the "Project") prior to the issuance of obligations to finance the Project; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, THAT: Section 1. The Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal mount not to exceed $3,000,000 for the purpose of paying the costs of the Project. Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax-exempt obligations will be issued by the Issuer in furtherance of this Resolution aRer a date which is later than 18 months after the later of(l) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. Section 3. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Resolution more than three years after the date any expenditure which is to be reimbursed is paid. APPROVED THIS THE 12TH DAY OF DECEMBER, 2000. City Secretary Mayor APPROVED AS TO FORM: City Attorney ~~ ~~ *~~ITY COUNCIL MEETING: December 12, 2000 ITEM ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. PD-189R. Hooptown, zoning change request from PD-189 (Planned Development-189) to PD-189R (Planned Development-189R) to allow the enlargement of the lot area for the construction of an indoor basketball/recreation facility on approximately 17.761 acres of property located along the north side of Belt Line Road, east of the intersection of Belt Line and Denton Tap Roads. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: November 16, 2000 Decision of P&Z Commission: Approved (6-0) with Clark, Halsey and Stewart voting in favor. None opposed. Commissioners McGahey, Approval is recommended, subject to the following condition: 1 ) Revise inconsistencies among lot areas shown on plan shoets. (CONDITION MET) Staff recommends approval. McCaffrey, Agenda Request Form - Revised 5/00 FIN. REVIEW: CITY MANAGER REVIE Document Name: @PD 189R CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-189R. HOOPTOWN P & Z HEARING DATE: C.C. HEARING DATE: LOCATION: SIZE OF AREA: November 16, 2000 December 12, 2000 Along the north side of Beltline Road, approximately 1,200 feet east of the intersection of Beltline and Denton Tap Roads. Approximately 17.761 acres of property (Lot 1, Block A Hooptown). CURRENT ZONING: PD-189-LI (Planned Development-189, Light Industrial) REQUEST: APPLICANT: Zoning change request to amend PD- 189 to allow the enlargement of the lot area for the construction of a 109,000 square foot facility containing 10 basketball court and related activities. Applicant: Hooptown, LLC 708 S. College St., Ste. 209 McKinney, Texas 75069 (214) 544-2300 Fax: (214) 544-2302 Engineer: Stock & Associates 425 N. New Ballas, Ste. 165 St. Lois, Missouri 63 141 (3 14) 432-8100 Fax: (314) 432-8171 HISTORY: On October 10, 2000, City Council approved a Preliminary Hat and zoning change from Light Industrial to PD-189 to allow the development of an indoor basketball/recreation facility on 17.063 acres. As approved by City Council on October 10, 2000, the proposed site plan removed 89T of protected trees. In accordance with the zoning ordinance, only 50% landscape credit cotrid be given due to the removal of 100% of the existing trees. The landscape credit accounted for 446' of removed trees; requiring monetary reparation of $100 per caliper inch for the remaining 446" of removed trees. As indicated by the owner/developer, the tree mitigation dramatically impacted the anticipated cost of the project. Item# 4 TRANSPORTATION: East Belt Line Road is proposed to be a P6D, six- lane divided major thoroughfare built within a 120' wide right-of-way. Consauction is scheduled to begin in the fourth quarter this year. SURROUNDING LAND USE & ZONING: North- Railroad, Creekview Addition; "SF-9-PD" South - North Lake, City of Dallas East - TXU Electric & Gas Right-of-Way, vacant; "LF' Light Industrial West - Vacant, Shake & Shingle; "LF' Light Industrial COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for light industdagshowroom uses DISCUSSION: The purpose of this request is to revise the property line between Lots 1 & 2 of Block A of the Hooptown Development. The property line between Lots 1 & 2, as shown on the approved plan, is a straight line extending from the front to the rear property lines (See attached Approved PD Plan). Due to extensive tree mitigation costs associated with the development of Lot 1, the applicant proposes to extend the land area of Lot 1 further west to include additional trees that were previously located off-site. The revision will transfer .70 of an acre from Lot 2 to Lot 1. Lot 1 will be enlarged to 17.761 acres and Lot 2 will be decreased to 9.302 acres. It is staffs intention to maintain a traditionally shaped Lot 2, while providing a natural buffer along the rear of the property. The applicant has worked with staff to create an acceptable solution to the re-design of the shared property line between Lots 1 and 2. While staff does not encourage the intentional design of non-traditional lots to reduce tree mitigation costs, the extension of Lot 1 behind Lot 2 will provide a perpetual natural landscape buffer between the residential properties to the north and any future uses on Lot 2. Therefore, although somewhat unusual in shape, in this particular case, staff can support the request to revise the property areas. On October 14, 2000, a brush fire occurred on the subject property, destroying a significant number of trees; many which were to be preserved. The attached tree survey reflects the damage caused by the fire. The additional land area for Lot 1, coupled with provision of additional trees to be planted around the building, brings the number of preserved trees to an adequate level, equalizing the tree mitigation costs. Item# 4 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends APPROVAL of the proposed amendment, subject to the following condition: 1 ) Revise inconsistencies among lot areas shown on plan sheets. ALTERNATIVES: 1) 2) 3) 4) Recommend approval of the request Recommend disapproval of the request Recommend modification of the request Take under advisement for reconsidemtion at a later date. ATTACHMENTS: l) 2) 3) 4) 5) 6) Approved PD Plan (App'd 10-10-2000) Site Plan Existing Tree/Vegetation Plan Existing Tree Plan (Detail) Revised PD Plan Irrigation Plan Item # 4 meme-~o OOAV~O t ~CITY COUNCIL MEETING: December 12, 2000 ITEM ITEM CAPTION: Consider approval of the Hooptown, Lots 1 & 2, Block A, Preliminary Plat, to allow the enlargement of the lot area for the development of an indoor basketball/recreation facility on approximately 27.063 acres of property located along the north side of Belt line Road, east of the intersection of Belt Line and Denton Tap Roads. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: November 16, 2000 Decision of P&Z Commission: Approved (6-0) with Clark, Halsey and Stewart voting in favor. None opposed. Commissioners McGahey, Approval is recommended, subject to the following condition: 1) Provide franchise utilities signature bloolc for TXU El~crio & Gas, Paragon Cable, and V~rizon/GTE. (CONDITION MET) Staff recommends approval. Kittrell, McCaffrey, DIR. INITIALS: ~ Agenda Request Form - Revised 5/00 FIN. REVIEW: CITY MANAGER REViEW~ Document Name: @HooptPP CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: HOOPTOWN. Lots l&2. Block PRELIMINARY PLAT P & Z HEARING DATE: C.C. HEARING DATE: LOCATION: SEE OF AREA: November 16, 2000 December 12, 2000 Along the north side of Beltline Road, approximately 1,200 feet east of the intersection of Beltline and Denton Tap Roads. Approximately 27.063 acres of property being platted into two lots, one containing 17.761 acres and the second containing 9.302 acres. CURRENT ZONING: PD- 189-LI (Planned Development- 189, Light Industrial) REQUEST: Preliminary Plat approval for Hooptown, a 109,000 square foot facility containing 10 basketball courts and related activities. APPLICANT: HISTORY: TRANSPORTATION: Applicant: Hooptown, LLC 708 S. College St., Ste. 209 McKinney, Texas 75069 (2 14) 544-2300 Fax: (214) 544-2302 Engineer: Stock & Associates 425 N. New Ballas, Ste. 165 St. Lois, Missouri 63141 (314) 432-8100 Fax: (314) 432-8171 On October 10, 2000, City Council approved a Preliminary Plat for approximately 27 acres and a zoning change from Light Industrial to PD-189 to allow the development of an indoor baskethall/recreation facility on approximately 17 acres. East Belt Line Road is proposed to be a P6D, six- lane divided major thoroughfare built within a 120' wide right-of-way. Construction is scheduled to begin in the fourth quarter this year. Item # 5 SURROUNDING LAND USE & ZONING: North- Railroad, Creekview Addition; "SF-9-PD" South- North Lake, City of Dallas East - TXU Electric & Gas Right-of- Way, vacant; "LF' Light Industrial West - Vacant, Shake & Shingle; "LF' Light Industdal COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for light industdal/showroom uses DISCUSSION: As mentioned above, this property recently received Preliminary Plat and Planned Development approval by City Council on October 10, 2000, for the development of a basketball/recreation facility. Because the approved preliminary plat was not recorded, the current request is again a request for preliminary plat approval. The purpose of this application is to revise the property line between Lots 1 & 2 of Block A of the Hooptom Development. As mentioned in the corresponding staff report for the revision to PD-189, the applicant is requesting this change in order to alleviate the monetary reparations required for extensive on-site tree removal. As a result of the property line reconfiguration, Lot 1 will be extended further to the west to include additional preserved trees and will contain approximately 17.761 acres. Lot 2 will be slightly reduced to approximately 9.302 acres. All required setbacks and easements associated with the property line revision have been modified accordingly. Staff has recommended that the applicant revise the plat to include the required franchise utility signature block, which must be addressed prior to City Council review. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends APPROVAL of the revision to the Preliminary Plat, subject to the following condition: 1) Provide franchise utilities signature block for TXU Electric & Gas, Paragon Cable, and Verizon/GTE. ALTERNATIVES: 1) 2) 3) 4) Recommend approval of the request Recommend disapproval of the request Recommend modification of the request Take under advisement for reconsideration at a later date. Item # 5 ATTACHMENTS: 1) 2) 3) Engineering Department Comments Approved Preliminary Plat (App'd 10-10-2000) Preliminary Plat Item # 5 ITEM: Hooptown, Lots 1 & 2, Block A, Preliminary Pla~ to allow the enlargement of the lot area for the development of an indoor basRetDall/recreatWn fadli, J~ on approximate~ 27.063 acres of property located along the north side of Belt Line Roa~ east of the intersection of Belt Line and Denton Tap Roads, at the request of Hooptown, LLC. DRC DATE: October 26, 2000 and November 2, 2000 CONTACT: Mike Martin, P.E., Assistant City Engineer (9 72-304-3679) COMMENT STATUS: The proposed 30' easement on the north side of the development should be labeled as a 30' utility easement. ~>j:~'ZZ;Z'ZZ:Z Perd. millAOY tltl PI..'.LLIMINARY PLAT I-I(~PT0111 R.AT 1 LOT I ,k LOT 2, BLOCK A ITY4 8 ~ COUNCIL MEETING: December 12, 2000 ITEM ITEM CAPTION: Consider providing that the Planning and Zoning Commission be the authority responsible for the approval of the Final Plat for Hooptown, Lots 1 & 2, Block A. to allow the enlargement of the lot area for the development of an indoor basketball/recreation facility on approximately 27.063 acres of property located along the north side of Belt line Road, east of the intersection of Belt Line and Denton Tap Roads. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A Staff recommends approval. ~,. ~~:~~, Agenda Request Form - Revised 5/00 FIN. REVIEW: CITY MANAGER REVIEW: Document Name: @Hoopfpa CITY~ s ~ COUNCIL MEETING: December 12, 2000 ITEM # /7 ITEM CAPTION: PUBLIC HEARING: Consider approval of Case No. PD-108R5, Coppell Service Center, zoning change request from PD-108 (Planned Development-108) to PD-108-R5 (Planned Development-108-R5) to allow the development of a municipal service center on approximately 7.504 acres of property located 300 feet east of Coppelt Road, south of Bethel Road. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: November 16, 2000 Decision of P&Z Commission: Approved (6-0) with Clark, Halsey and Stewart voting in favor. None opposed. Commissioners McGahey, Kittrell, McCaffrey, Approval is recommended, subject to the following conditions: 1) The site plan, landscape plan, floor plans and elevations shall be attached to and made a pan of the PD Ordinance. City Council approval of a living screen in lieu of a masonry wall adjacent to outside storage areas. 3) The construction of the building shall be in accordance with the materials specified on the submitted color boards. Asphalt paving shall be permitted, except for the fire lanes which shall be concrete. 5) The number of Austrian Pines being planted 20 feet on center verses 10 feet, reducing the total number of Austrian Pine trees from 91 to 45. (CONDITION PARTIALLY 6) Coordinate through the Planning Department, additional landscaping at the Service Center. Staff recommends approval. FIN. REVIEW: CITY MANAGER REVIEW: Document Name: @PD108R5 CASE NO.: CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT PD-108RS, COPPELL SERVICE CENTER P & Z HEARING DATE: C.C. HEARING DATE: LOCATION: SIZE OF AREA: November 16, 2000 December 12, 2000 300 feet east of Coppell Road, north of the DART R.O.W. Approximately 7.5 acres of property. CURRENT ZONING: LI-PD-108 (Light Industrial, Planned Development-108) REQUEST: LI-PD-108R5 (Light Industrial, Planned Development 108R5) m attach a detail site plan to allow for the development of a municipal service center. APPLICANT: Sheri Moino, Facilities Manager City of Coppell 255 Parkway Boulevard Coppell, TX 75019 972-304-3558 972-304-3669 Ted Armstrong Vidaud + Associates, Inc. 13649 Monfort Dr., # 200 Dallas, Texas 75240 972-934-8888 972458-2323 HISTORY: This property was originally zoned PD for a Recreation Center. In 1989, 115 acres was rezoned to PD 108 for Light industrial Uses, known as the Springs of Coppell. This property was owned by the Baptist Foundation at that time and their Concept Plan indicated a proposed university site east of Grapevine Creek. To the west of Grapevine Creek was a proposed park. The balance of the PD was envisioned for light industrial/tech uses, with commercial and offices proposed along Denton Tap Road. In 1995, this PD was amended to allow for 46 single family lots (SF-9) on approximately 30 acres located 500-~_ feet west of Denton Tap Road, south of Bethel Road, and known as the Summit at the Springs. In 1998, this PD was amended to allow for the Reserve, a twenty-three lot subdivision On 9.7 acres of land located to the west of the Springs. Finally, in 1998 a request to rezone a 37 acre tract (which includes Item # 7 TRANSPORTATION: the proposed Service Center site) from PD-LI and R to PD SF-9 for 102 single family lots was denied by the City Council. This 37 acre tract was subsequently sold to the City for future use. Coppell Road is shown on the thoroughfare plan as a C2U Collector Street (38 feet of paving, within a 60' right-of-way), but currently exists as two lane asphalt road, within 60' of right-of- way. The proposed driveway to this site will align with existing Burns Street (60' R.O.W.) on the west side of Coppell Road. SURROUNDING LAND USE & ZONING: North- undeveloped land; PD 108-LI South - DART R.O.W. and commercial uses; C and LI East - undeveloped land; PD 108-LI West - City Animal Shelter and undeveloped land; PD 108-LI COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for Public/Institutional uses, based upon the Land Use Plan amendments adopted by the City Council on June 13, 2000. DISCUSSION: This request is to amend the PD to attach a detail plan for a municipal service center under the existing Light Industrial zoning. This service center is proposed to be located 300 feet east of Coppell Road, allowing for retail and related uses to be developed along this street frontage. The 25 foot driveway from Coppell Road will be located within a 100 foot wide "leg", which will be landscaped with Pecan Trees and grass. On November 14, 2000 the City Council will be briefed on the possible of the existing Historic Overlay District as recommended by the Planning and Zoning Commission. These expanded boundaries will encompass the frontage along both sides of Coppell Road, and be extended to the east, to include the subject property and Grapevine Springs Park. Therefore, this service center and the property fronting on Coppell Road could potentially be regulated under the Historic Overlay District Regulations. The development of the property along the frontage of Coppell Road will obscure the view of the service center from the remainder of the Historic District. The smaller scale, retail related uses and a possible train depot along the Coppell Road frontage will lend themselves to the Historic District architecture. Item # 7 SITE PLAN This main structure is proposed to be a 15,626 square foot building which will contain offices for the Leisure Services and Public Works Departments. The eastern portion (rear) of the building will contain service bays and parts storage areas. One hundred and fourteen parking spaces are being provided, all but 16 are in front of the building. Other structures on this site 'will house the signal and meter shops and associated storage, vehicle and chemical storage buildings and less than 10 percent of the site will be devoted to outside storage of equipment and vehicles. A concrete fire lane will encircle the site, however, the remaining paved surface is proposed to be asphalt. Perimeter screening on the north, east and south sides are proposed to be an 8-foot high, chain link fence, with landscaping. The screening parallel to Coppell Road will be an extension of the two-tone tilt wall panels to match the main building. A 60 square foot sign is proposed to be located at the entry to the service center area, again utilizing the same color and materials as the main structure. LANDSCAPE PLAN The required perimeter landscaping is provided along all property lines. The requirement for one tree per 50 linear feet is being exceeded in most areas. Per Section 33-1.5 of the Zoning Ordinance, solid screening walls are required adjacent to the areas proposed for outside storage. In lieu of a solid masonry screening a living screen is proposed and can be approved through the public hearing process. The Landscape Plan indicates Austrian Pines planted 10 feet on center. These pine trees will provide an adequate visual screen in that they grow to a height of 25 to 40 feet, and 15 to 20 feet wide. However, planting them 20 feet on center (versus 10 feet on center) would be more desirable. This will reduce the tree count along the east property line from 50 to 25 trees, 31 to 15 trees along the north property line, and 10 to 5 along the south property line. Reducing the total number of Austrian pines from 91 to 45 trees will still provide an adequate visual screening devise as they reach maturity. Approximately one acre of non-vehicular landscaping is required. This requirement is being ful~lled in front of the Item # 7 main building adjacent to the driveway as well as north and south of the parking areas. The parking lot landscaping is also being achieved though a combination of parking lot islands and landscaped areas adjacent to the pedestrian walkways. Purple Fountain Grass is being proposed north and south of the main structure to screen the parking areas. ELEVATIONS The exterior of the main buiMing will be tilt wall with two-toned "dryvit' as an over coating. The lower portions will be a light brown color, and the upper portions will be a cream color. The roof will be asphalt shingles, with a blue-green fiberglass wall panel system as an architectural accent as well as to provide natural lighting in the shop/bay area. An alternative roofing material is a gray, standing seam metal roof. The north and south elevations will also contain the overhead doors to access the service bay area. The overhead door material is specified as galvanized mill finished coiling door. The Chemical Storage Building and Parts Storage Buildings will use the same building and roof materials as the main structure, with chain link security fencing and gates. The Vehicle/Equipment Storage Building is generally an open air building with walls primarily of chain link, with chain link gates. The roof is proposed as asphalt shingle. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of the amendment to PD 108 LI to allow for the development of the service center subject to: 1. The site plan, landscape plan, floor plans and elevations shall be attached to and made a part of the PD Ordinance. 2. City Council approval of a living screen in lieu of a masonry wall adjacent to outside storage areas. 3. The construction of the building shall be in accordance with the materials specified on the submitted color boards. 4. Asphalt paving shall be permitted, except for the fire lanes which shall be concrete. Item # 7 The number of Austrian Pines being planted 20 feet on center verses 10 feet, reducing the total number of Austrian Pine trees from 91 to 45. 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) 2) 3) 4) 5) 6) 7) 8) 9) lo) Site Plan Landscape Plan Landscape Plan - details Floor Plan - Service Center Floor Plan - Vehicle Equipment Storage Elevations - Vehicle Equipment Storage Floor Plan and Elevations - Chemical Storage Building Floor Plan and Elevations - Parts Storage Building Elevations and Monument Sign - Service Center Elevations - Service Center Item # 7 CITY COUNCIL MEETING: December 12, 2000 ITEM ITEM CAPTION: Consider approval of the Coppell Service Center. Lot 1. Block 1, Minor Plat, to allow the development of a municipal service center on approximately 7.504 acres of property located 300 feet east of Coppell Road, south of Bethel Road. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: November 16, 2000 Decision of P&Z Commission: Approved (6-0) with Clark, Halsey and Stewart voting in favor. None opposed. Commissioners McGahey, Kittrell, McCaffrey, Approval is recommended, subject to the following condition: 1) Easements for TXU Electric and Gas facilities will be required on the Plat. Staff recommends approval. DI'R. INITIALS:.Re~vise~ FIN. REVIEW: '~. Agenda Request Form d 5/00 CITY MANAGER REVIEW: Document Name: @CSClmp CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: COPPELL SERVICE CENTER, LOT 1, BLOCK 1, MINOR PLAT P & Z HEARING DATE: C.C. HEARING DATE: LOCATION: SIZE OF AREA: November 16, 2000 December 12, 2000 300 feet east of Coppell Road, south of Bethel Road. Approximately 7.5 acres of property. CURRENT ZONING: LI-PD-108 (Light Industrial, Planned Development-108) REQUEST: LI-PD-108R5 (Light Industrial, Planned Development 108R5) to allow for the development of a municipal service center. APPLICANT: Sheri Moino, Facilities Manager City of Coppell 255 Parkway Boulevard Coppell, TX 75019 972-304-3558 972-304-3669 Ted Armstrong Vidaud + Associates, Inc. 13649 Mortfort Dr., # 200 Dallas, Texas 75240 972-934-8888 972-458-2323 HISTORY: There has been no platting history on this tract. TRANSPORTATION: Coppell Road is shown on the thoroughfare plan as a C2U Collector Street (38 feet of paving, within a 60' right-of-way), but currently exists as two lane asphalt road, within 60' of right-of- way. The proposed driveway to this site will align with existing Burns Street (60' R.O.W.) on the west side of Coppell Road. SURROUNDING LAND USE & ZONING: North- undeveloped land; PD 108-LI South - DART R.O.W. and commercial uses; C and LI East - undeveloped land; PD 108-LI West - City Animal Shelter and undeveloped land; PD 108-LI Item # 8 COMPREHENSIVE PLAN: The Comprehensive Hart shows the property as suitable for Public/Institutional uses, based on the I_and Use Plan amendments adopted by the City Council on June 13, 2000. DISCUSSION: The purpose of this plat is to establish a lot to construct the City's Service Center. This lot is proposed to contain approximately 7.507 acres of land, and will abut the north side of the D.A.R.T. right-of-way. The proposed Service Center facility will essentially be set back 300 feet from Coppell Road. The driveway/fire lane will extend to Coppell Road within a 100-foot wide strip of land. The driveway will be centered across Coppell Road from the existing right-of-way for Burns Street. The required fire lanes are also established by this plat. However, TXU easements may be required, and therefore approval of this plat is subject to TXU's review. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of the Minor Plat of Coppell Service Center, Lot 1, Block 1 subject m TXU's comments. ALTERNATIVES: 1 ) Recommend approval of the request. 2) Recommend disapproval of the request 3) Recommend modification of the request ATTACHMENTS: 1) 2) TXU Comments Minor Plat of Coppell Service Center, Lot 1 Block 1 Item # 8 OTXU TXU Electric & Gas 4200 North Belt Line Irving, IX 75038 Comments for the City of Coppell Development Review Committee October 26, 2000 Coppell Service Center, Lot 1 Block 1, Preliminary Plat Plat Unacceptable Easements for TXU Electric and Gas facilities will be required on plat. Please contact Jeff Curry at 972-570-4126 to discuss easement requirements. Jeff Curry OCT 2 6 2000 . s~ ~~* _J~ITY COUNCIL MEETING: December 12, 2000 ITEM ITEM CAPTION: PUBLIC HEARING: Consider approval of the Everybody Fits. Replat and Site Plan Amendment for Lot 2R. Block A of Denton Tap Development, to amend and expand the existing Site Plan to allow for additional parking for an indoor sports/recreation center on approximately 3.799 acres of property located on North Texas Court, west of N. Denton Tap Road. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: November 16, 2000 Decision of P&Z Commission: Approved (6-0) with Clark, Halsey and Stewart voting in favor. None opposed. Commissioners McGahey, Kittrell, McCaffrey, Approval is recommended, subject to the following conditions: SITE AND LANDSCAPE PLAN CONDITIONS: I) Board of Adjustment granting a variance to allow for an off-site sign. 2) The tree survey being reviewed by the Leisure Services Department. 3) Revisions to the Tree Preservation Plan to reflect #2 above. Rectify thc diffcrenccs in the number of trees on the "Plant List" and thc table "Landscape Tabulations", and the calculation of perimeter landscaping.- (CONDITION PARTIALLY MET) 5) Show the ~vidth of the one way drive~vays into the ncw parking lot. (CONDITION MET) 6) The verbiage on the monument sign shall be limited to the name of the establishment, only. lIEPLAT CONDITIONS: 1) Revise franchise utilities signature block to reflect TXU Electric and Gas as one signature line. (CONDITION MET) 2) Denote on the plat that the propcr~d median will be owned and maintained by the property owner. (CONDITION MET) 3) The volume and page of the existing 20" water easement must be labeled on the plat. (CONDITION 4) TXU easements may be needed on the plat. (CONDITION MET) Agenda Request Form Rfle(vised 5/00 CITY MANAGER REVIEW: Document Name: @EBYFrsp ! "1 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: EVERYBODY FITS, REPLAT and SITE PLAN AMENDMENT for LOT 2R, BLOCK A, of DENTON TAP DEVELOPMENT P & Z HEARING DATE: C.C. HEARING DATE: LOCATION: SIZE OF AREA: November 16, 2000 December 12, 2000 On North Texas Court, west of N. Denton Tap Road. Approximately 3.799 acres of property. CURRENT ZONING: C (Commercial) REQUEST: Site Plan Amendment and Replat approval to construct a 73,513 square foot gymnastics/athletics facility. APPLICANT: HISTORY: Applicant: Brian Kennedy Everybody Fits, LP 149 Cottonwood Drive Coppell, Texas 75019 (972) 393-1272 Fax: (972) 393-1272 Architect: Mark Wainscott Wainscott and Assoc., Architects 4815 Keller Springs Addison, Texas 75001 (972) 447-9119 Fax: (972) 447-9110 Them is a long history on this parcel that began when it was platted in June of 1998. The Board of Adjustment granted a special exception and allowed a total 116 parking spaces to serve this athletic facility. Shortly after Board action, construction began on what was then known as the North Texas Gynmastics facility, and over the next two years intermittent construction proceeded on site. There were several interruptions in building progress and for many months there was no construction at all. The City became concemed with the facility, and in the summer of 2000 started condemnation proceedings to have the building demolished. During these proceedings we were advised that the building had been sold, the Item# 9 TRANSPORTATION: new owner was interested in completing the structure, and an application to renew the site plan was submitted. On August 17, 2000 the Planning Commission recommended approval of the resubmission of the previously approved site plan. On September 12th the City Council followed the recommendation of the Planning and Zoning Commission. On October 10, 2000 the City Council followed the recommendation of the Planning and Zoning Commission and approved a revision to the site plan for this property. This amendment included revisions to the floor plan, signage, elevations and landscaping. Denton Tap Road is a P6D, six-lane divided concrete roadway built to standard in a 11 O-foot right-of-way. SURROUNDING LAND USE & ZONING: North- developing retail center; "C", PD 178 South - Albertson's center; "C" Commercial East - restaurant and grocery store; "TC" Town Center West - single family; SF-12 COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for neighborhood retail. DISCUSSION: As discussed above, the Planning and Zoning Commission and the City Council re-approved the site plan and landscape plan for this property to allow completion of construction of this facility. In October, revisions to the floor plan, elevations, signage and landscape plan were approved. This application is to allow for additional parking and minor modifications to the Landscape Plan. The applicant has acquired an additional 0.7+ acre tract east of the existing property line and is proposing 48 additional parking spaces on this tract of land. In addition, 40 parking spaces are being planned along the west property line, behind the building. The new parking lot will be served by one driveway that will allow for westbound movements (right turns) only. The width of each side of this one way driveway must be noted on the site plan. A raised median is proposed to be placed within the right-of-way to funnel the traffic. Given that this will be in the public right-of- way, an easement for this median must be indicated on the plat. The monument sign has, once again, been relocated. The Staff recommended on the previous request, that the monument sign be relocated from the out lot to the main lot. On the initial application for this submittal, Item # 9 the sign was located on the expanded parking lot area. However, this location was in conflict with Section 29-4.2(B)i, of the Zoning Ordinance which requires that a monument sign be set back 75 feet from abutting property lines. Therefore, this revised site plan, again, shows the sign on the out lot. The Board of Adjustment will need to consider a variance to allow for the sign in this location. REVISIONS TO THE LANDSCAPE PLAN The landscape plan has been revised to: accommodate additional parking along the west property line; provide additional landscaping to screen the ground mounted mechanical equipment along the southem portion of the building; and to landscape the new parking lot area. Specifically, tree islands have been added every 10 spaces to break up the additional 40 parking spaces along the west property line. Along the southem portion of the site Red Oaks have been replaced by Live Oaks. Three of the Live Oaks have been located in close proximity to the mechanical equipmere area which is further screened by Nellie R. Stevens planted 48" on center, at a height of 4 feet. While the landscaping being provided appears to generally be in accordance with the Ordinance, there are conflicts in the number of trees being provided as indicted on the Plant List and the Landscape Tabulations. There are also slight errors in the calculations of perimeter areas along the south and east property lines. The Landscape Plan for the additional parking area indicates that there are six trees to be preserved, with a total of 191 caliper inches. Staff requested a tree survey of this additional area, with a Mitigation Plan indicating the trees to be removed and preserved. The revised landscape plan includes a Mitigation Plan, however, the Mitigation Plan can not be verified without a tree survey. REPLAT The purpose of this plat is to incorporate an unplatted 0.699 acre tract of land in to Lot 2 Block A of the Denton Tap Addition. Additional drainage easement is being provided along the north property line. An existing water easement is indicated, however, the recording information needs to be added to the face of the plat. The median in the proposed one-way driveway also needs to be provided within an easement. Finally, TXU has commented that additional easements are needed on the plat. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends APPROVAL subject to the following conditions: Item# 9 SITE AND LANDSCAPE PLAN CONDITIONS: 1. Board of Adjustment granting a variance to allow for an off-site sign. 2. A tree survey being submitted which accurately reflects the trees being preserved and removed. 3. Revisions to the Tree Preservation Plan to reflect #2 above. 4. Rectify the differences in the number of trees on the "Plant List" and the table "Landscape Tabulations", and the calculation of perimeter landscaping. 5. Show the width of the one-way driveways into the new parking lot. REPLAT CONDITIONS: 2. 3. 4.' Revise franchise utilities signature block to reflect TXU Electric and Gas as one signature line. Denote on the plat that the proposed median will be owned and maintained by the property owner. The volume and page of the existing 20" water easement must be labeled on the plat. TXU easements may be needed on the plat. ALTERNATIVES: 1) 2) 3) 4) Recommend approval of the request Recommend disapproval of the request Recommend modification of the request Take under advisement for reconsideration at a later date. ATTACHMENTS: 1 ) Staff Comments 2) Site Plan 3) Landscape Plan 4) Replat and minor plat. Item# 9 City of Coppell Development Review Committee Comments Planning Department Everybody Fits Amended Site Plan and Replat North Texas Court Drive, West of N. Denton Tap Road DRC Date: October 26~ and November 2, 2000 planning & Zoning Cornmi-~sion Meeting: November 16, 2000 City Council Meeting: December 12, 2000 Site Plan 1. Computations of site and building areas need to be placed on the site plan. 2. The parking calculations indicate 190 parking spaces being provided, however, only 178 are shown on the subject property. An additional 15 spaces are indicated south of the property line, which brings the parking count to 193. Rectify the differences. 3. Need to dimension the existing parking spaces. 4. Need to specify the screening of roof top mechanical equipment. 5. Need to specify dumpster screening devise. 6. Per Section 29-4.2(B)i. Of the Zoning Ordinance, the monument must be setback 75 feet from the adjacent property line to the east. 7. Per Section 34-1-8 B.3 of the Zoning Ordinance, planting islands within a single row of parking shall be separated by no more than fifteen (15) spaces,. and by no less than five (5) parking spaces. However, on November 14, 20tj0 the City Council will consider an amendment to this ordinance, which will eliminate the "less than 5 parking space" requirement. Landscape Plan 1. A complete Tree Survey of the Additional Lot Area is required. Retained trees may be eligible for credit towards landscaping provided. 2. Rectify the difference in the site area on the plat and the site area on the landscape plan. 3. Need to add dimensions along property lines. 4. Perimeter Landscaping: · Verify the width of the landscaping along west property line to be 10 feet, it scales 9 feet. · Landscape Tabulations table is in error. · The linear footage of the east and south boundaries do no match the Re- plat, even with deducting the widths of the driveways. · In the first section of the Table, the sum of the "Provided" column, is 17,143 not 18,304. Page 1 of 2 · The linear footage used to calculate the perimeter trees required are also in conflict with the linear footage stated above (16,888). The number of trees may need to be adjusted depending on the correct linear footage. · The in the Summary, the Perimeter landscaping (required and provided) is stated as 13,611. Please rectify the differences in the perimeter landscape calculations. · Note that per Section 34-1-8 (C) 4. of the Zoning Ordinance, states that when a masonry wall is required then no additional landscaping is required; however, sufficient landscaping shall be provided within a required perimeter landscape area to provide concealment of wall foundations and to satisfy tree requirements. Parking Lot Landscaping: · Landscape Islands are required at the end of each parking row, including loading areas and each island requires a minimum of (1) tree. The islands are required to be a minimum of 150 square feet, and 9 feet in width. Additional trees are required adjacent to the west property line and additional islands and trees are required along the eastside of the building. The quantities of the trees in the tree list do not match the number oftTees indicated in the Landscape Tabulations table. REPLAT Revise the Title Block to read Re-plat and Minor Plat, fill in the acreage of minor plat area, and change the date from August to November. Need to identify which existing utility easements will be abandoned, relocate/t, and/or added. There appears to be conflicts with the uses proposed on the site plan and the existing drainage easements. Need to specify existing R.O.W. on Denton Tap Road, "variable" is not acceptable. Revise Franchise Utility signature block to reflect TXU Electric and Gas Note: A. Please revise plats, site plans, landscape plans, and building elevations based on staff recommendations. Should applicant disagree with staff comments please provide reasons why staff recommendations should not be followed when you attend the November 2nd Development Review Committee (DRC) meeting. Each applicant will bring two new sets of revised plats and plans to the November 2nd DRC meeting. Applicants will be asked to show, explain, and defend any revision. A representative for this projea is required to attend the meeting. Applicant will have till noon T~esday, November 7th to resubmit sixteen (16) folded copies of revised plans and three (3) reduced paper copies (8 1/2 X 11) of each exhibit to the Planning Department Page 2 of 2 ITEM: DEVELOPMENT REVIEW CO~[F:t'~7'~' ~ =''~ ENGINEERING C O~~; ,TS .. . Everybody Fits. Replat and Site Plan AmendMent'for Lot 2R. Block A of DenWn Tap Development, to amend and wc. oant~ t.w:e ..gisti,.s 3he elan to allow for additional parking for an indoor sports/recreation center on approximately 3. 799 acres of property located on North Texas Court, west of N. Denton Tap Road, at the request of Everybody Fits, L.P. DRC DATE: October 26, 2000 and November 2, 2000 CONTACT: Mike Martin, P.E., Assistant City Engineer (972-304-3679) 1. Show the width of the one way driveways into and out of the new parking lot. 2. Denote on the plat that the proposed median will be owned and maintained by property owner. TXU TXU Electric & Gas 4200 North Belt Line Irving, TX 75038 Comments for the City of Coppell Development Review Committee October 26, 2000 Everybody Fits, Replat and Site Plan Amendment For Lot 2R, Block A of Denton Tap Development Replat Unacceptable Easements for TXU Electric & Gas facilities will be required on the plat. Please contact Jeff Curry at 972-570-4126 to discuss easement requirements. Jeff Curry CITY COUNCIL MEETING: December 12, 2000 ITEM ITEM CAPTION: Consider approval of the Dry Clean City. Lot 1, Block A, Minor Plat and Site Plan, to allow the development of a shopping center on approximately 0.842 of an acre of property located along the west side of Denton Tap Road, north of Town Center Drive. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: November 16, 2000 Decision of P&Z Commission: Approved (6~0) with Clark, Halsey and Stewart voting in favor. None opposed. Commissioners McGahey, Kittrell, McCaffrey, Approval is recommended, subject to the following conditions: SITE PLAN CONDITIONS: 1) Any restaurant use will require a SUP prior to the issuance of a building permit for that use. 2) Modification of thc Landscapc Plan tabulations to assurc the required amount of landscaping is provided in each catcgory. (CONDITION MET). 3) Rectify the differences in the Landscape Tabulations and the landscaping provided on the site ~ (CONDITION MET) Ivory lettering and bronze race~vay shall bc used on thc attached signagc. The monument sign shall bc cast stonc ~vith black lettering. (CONDITION MET) 5) Width of the sidc~valk being reduced from 6 to 5 feet. (CONDITION MET) 6) Thc proposed 6 foot high ~vall along thc north and ~vcst property lincs shall bc constructed to meet the front 15' easement. The design and construction material shall match the existing Sonic Drive In screening wall (red brick with ~vhite cap). (CONDITION MET) MINOR PLAT CONDITIONS: 1) Obtain a mutual access easement from abutting property owner to allow for the shared driveway. 2) Provide easements(s) as required by TXU Electric and Gas. Agenda Request Form ~ed 5/00 FIN. REVIEW: CITY MANAGER REVIEW: ' Document Name: @DryCmsp CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: DRY CLEAN CITY ADDITION, LOT 1, BLOCK A, MINOR PLAT AND SITE PLAN P & Z HEARING DATE: C.C. HEARING DATE: LOCATION: SIZE OF AREA: November 16, 2000 December 12, 2000 Along the west side of Denton Tap Road, north of Town Center Drive. Approximately 0. 842 of an acre of property. CURRENT ZONING: C (Commercial) REQUEST: Minor Plat and Site Plan approval for a 3,996 square foot retail building. APPLICANT: HISTORY: TRANSPORTATION: Mark Wainscott Wainscott and Assoc., Architects 4815 Keller Springs Addison, Texas 75001 (972) 447-9119 Fax: (972) 447-9110 There is no zoning hisWry on this particular tract, however, the tract immediately adjacent to the south was granted a SUP and a Minor Plat for a Sonic Restaurant. Denton Tap Road is a P6D, six lane divided thoroughfare within 100 foot right-of-way. SURROUNDING LAND USE & ZONING: North- Huntington Ridge Homeowners Association's common area; SF9- PD129R South- Sonic Restaurant; C-SUP 1077 East - Eleanor's Square Shopping Center; TC Item # 10 West ~ Huntington Ridge Subdivision; SF9-PD 129R COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for neighborhood retail uses. DISCUSSION: The applicant is proposing a 3,996 square foot retail building. The initial application was for a 4,884 square foot building with two drive through facilities. However, the site was too small to accommodate the parking and the landscape requirements. This submittal includes a 2,996 square foot Dry Cleaners with a drive-through on the southern 2/3rds of the building and a 1,000 square foot restaurant (donut shop), without a drive through, on the north side. The restaurant will be required to obtain a Special Use Permit prior to occupancy. These uses will be served by 25 parking spaces, determined at a ratio of one space per 200 square feet for the retail (cleaners) and one space per 100 square feet for the restaurant (donut shop). Access to this site will be via a shared driveway with Sonic. Given that these proposed uses are mainly A.M. peak uses, and southbound Denton Tap Road is most congested during this time, a deceleration lane is being required to serve this site. Currently, there is a 4 foot gap between this property line and the existing driveway. This mutual access easement will have to be extended via separate instrument with the abutting property owner. The plan indicates a 6 foot sidewalk, this sidewalk should be reduced to 5 feet in width. The plan indicates that a 6 foot high masonry wall will be erected along the north and west property lines, as required when non-residential abuts residential uses. The plan states that the wall will "match existing." Additional specification as to color and materials needs to be included. It is assumed that the wall will match the existing wall on the Sonic property and the Huntington Ridge Addition. The Landscape Plan indicates that just over 40 % of the site will be devoted to landscaping. This plan generally meets, or slightly exceeds (in number of trees) the requirements of the ordinance. The perimeter landscaping meets the requirements. Minor modifications to the areas counted toward non-vehicular versus interior landscaping could balance the requirements of each. However, the figures in the Landscape Tabulations do not reflect what is indicated on the plan (i.e. total perimeter is 8,257 vs. 8,157, number of trees required and provided are off by one tree in almost all categories, and summary of the square footage of landscaping provided are miscalculated.) These differences need to be rectified prior to forwarding for City Council consideration. Item # 10 The Elevations indicate a brick veneer with less than 20 % split face block along the base and stucco detail along the roo~ine. Hunter Green awnings are proposed along the east elevation, facing Denton Tap Road. The roof over the drive through for the cleaners is proposed to be a standing seam metal roof in generally the same dark green color as the awnings. The signage is proposed to meet the maximum allowed for attached signage, which is one square foot of sign for every one linear foot of frontage, allowing for 74 square feet of sign area. The plans indicate that the signs will be back lit with medium Helvetica font, however, the color is not specified. The monument sign is also proposed to meet the maximum allowed, 40 square feet, but again the color of the letters is not specified. The Minor Plat establishes this 0.842 acre tract as a separate lot. This plat designates the fire lane and existing and proposed easements. As noted above, to allow for this site plan m function as planned, an additional mutual access easement will need to be obtained from the property owner abutting to the south to utilize the shared driveway. Finally, TXU is requesting additional easements within this tract. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends APPROVAL of a Site Plan and Minor Plat for Dry Clean City subject to: 1. Any restaurant use will require a SUP prior to the issuance of a building permit for that use. 2. Modification of the Landscape Plan tabulations to assure the required amount of landscaping is provided in each category. 3. Rectify the differences in the Landscape Tabulations and the landscaping provided on the site plan. 4. Specify color and materials of lettering on proposed attached and monument signs. The color of raceway on the attached signs needs to match the brick on which it is mounted. 5. Width of the sidewalk being reduced from 6 to 5 feet. 6. Specify color and materials of the proposed 6 foot high wall along the north and west property lines. 7. Obtain a mutual access easement from abutting property owner to allow for the shared driveway. 8. Provide easements(s) as required by TXU Electric and Gas Item # 10 ALTERNATIVES: 1) 2) 3) 4) Recommend approval of the request Recommend disapproval of the request Recommend modification of the request Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) Department Comments 2) Site Plan 3) Elevations 4) Landscape Plan 5) Minor Plat Item # 10 City of Coppell Development Review Committee Comments Planning Department City Center Addition, Lot 1, Block A Site Plan and Minor Plat West side of Denton Tap Road, north of West Town Center Blvd. DRC Date: October 21P and November 2, 2000 Harming & Zoning Commission Meeting: November 16, 2000 City Council Meeting: December 12, 2000 Site Plan: 1. Consider another name for the development and the plat which is more in keeping with the size and scale of the proposed development. 2. Need to specify the required brick screening wall along the north and east property lines. This wall should match color and materials of the existing wall around Sonic. 3. Need to specify the dumpster screening. Consider relocating the dumpster closer to the building, not adjacent to the single family nor visible from Denton Tap Road. 4. Parking calculations indicate 32 spaces being provided, however only 31 appear on the site plan. There are only 12 spaces along Denton Tap Road. · If the proposed use is 100% retail, then only 25 spaces would be required. The maximum ratio of restaurant to retail would be 3,600 square feet of retail and 1,284 of restaurant to meet the parking requirements. · Need to submit a conceptual floor plan to clarify the proposed size and access points to the individual tenants. 5. Any restaurant (donut shop) will require a SLIP. 6. Add the curve data to the fire lane, 30' inside and 54' outside radii are required. 7. Need to demonstrate that the queuing for the drive though widows will not conflict with the fire lanes. 8. The proposed monument sign may be a maximum of 40 square feet with a height of 4 feet and must be setback 75 feet from the adjacent property line to the south and 15 feet from the property line adjacent to Denton Tap Road. · Need to provide elevations, color, materials and proposed font for the monument sign. 8. Need to add all existing and proposed easements, including access and utility easements and reflect the same on the plat. Elevations: 1. Need to indicate the proposed signage on the east elevation of the building. 2. Need to include manufacture's specification, including colors of all proposed materials. Page 1 of 3 , Provide a color board. All ground level and roof mounted equipment needs to be screened. Will both proposed uses utilize the same door, or will there be two doors on the east elevation? Landscape Plan: The amount of perimeter landscaping meets the requirement, however, the areas for parking lot and the non-vehicular !andseaplng is severely deficient and there are conflicts in the tree counts. Specifically: 1. Revise inconsistencies between the Landscape Tabulations which state that 26 trees are required, and the landscape plan, where 29 trees are shown. 2. Provide a table indicating the type, quantity, and species of trees provided. 3. Interior Landscaping: · Per Section 34-1-8 Oik3) of the Zoning Ordinance, provide an island and a tree at the end of each parking row. The tree islands need to be a minimum of 150 square feet, with a minimum width of 9 feet, a minimum of 4 islands are required for 32 parking spaces. * As indicated in the Landscape Tabulations Table 2,120 square feet of interior landscaping is required, and only 1,450 square feet is being shown (over a 30% shortage). 4. Non-vehicular landscaping: · As indicated in the Landscape Tabulations Table 4,770 square feet of non- vehicular landscaping is required, and only 1,160 square feet is being shown (over a 75% shortage). · ' Per the landscape ordinance, 50% of the non-vehicular landscaping (2,385 sq. ft.) is required to be in the front yard, only 300 square feet is provided in the front yard. IT APPEARS THAT THE BUILDING SIZE WILL NEED TO BE REDUCED TO ACCOMMODATE EVEN THE MINIMAL LANDSCAPE RE Q UIREMENTS. Plat: , Need to rename the plat "Minor Plat" of the City Center Addition. Need to add the fire lanes to the plan (with dimensions and curve data), and access and utility easements, which need to conform with the easements and circulation paRems on the site plan. The City Secretary's signature block needs to be revised to reflect the correct name of the plat, being City Center Addition, not the Sonic Addition, and to correct the year from 1999 to 2000. The Owner's Certificate needs to be revised to add a signature line for the owner' s signature. Revise the Franchise Utilities signature block to reflect TXU Electric and Gas. Page 2 of 3 Note: A. Please revise plats, site plans, landscape plans, and building elevations based on staff recommendations. Should applicant disagree with staff comments please provide reasons why staff recommendations should not be followed when you attend the. November 2nd Development Review Committee (DRC) meeting. Each applicant will bring two new sets of revised plats and plans to the November 2nd DRC meeting. Applicants will be asked to show, explain, and defend any revision. A representative for this project is required to attend the meeting. Applicant will have till noon Tuesday, November 7th to resubmit sixteen (16) folded copies of revised plans and three (3) reduced paper copies (8 1/2 X 11) of each exhibit to the Planning Department Page 3 of 3 DE ' '1 2 7 2000 ITEM: City Centre Addition, Lot 1, Block A, Minor Plat and Xhe dan. to allow the development of a 4,884 square foot shopping center on approximately 0.842 of an acre of property located along the west side of Denton Tap Road, north of Town Center Drive, at the request of Wainscott & Associate~ DRC DATE: October 26, 2000 and November 2, 2000 CONTACT: Mike Maran, P.E., Assistant City Engineer (972-304-36 79) A deceleration lane should be provided for the existing driveway, therefore additional right of way and/or easements will need to be dedicated. Label 5' sidewalk adjacent to Denton Tap Road on site plan. The proposed 20' utility easement should be labeled as a 20' sanitary sewer easement. OTXU TXU Electric & Gas 4200 North Belt Line Irving, TX 75038 Comments for the City of Coppell Development Review Committee October 26, 2000 City Centre Addition, Lot 1, Block A, Minor Plat and Site Plan Plat Unacceptable Easements for TXU Electric & Gas facilities will be required on plat. Please contact David Dean at 972-323-8907 to discuss easement requirements. Jeff Curry OCT 2 6 2000 ITEM CAPTION: Consider approval of the Carrick Addition, Lots 1 & 2. Block A. Minor Plat, to allow the subdivision of approximately 0.70 of an acre of property into two lots allowing for the development of a single-family home on Lot 2 located at the northwest corner of Lodge and Sandy Lake Roads. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: November 16, 2000 Decision of P&Z Commission: Approved (6-0) with Clark, Halsey and Stewart voting in favor. None opposed. Commissioners McGahey, McCaffrey, Approval is recommended, subject to the following conditions: 1) Revise title block on plat to read "Minor Plat." (CONDITION MET) 2) A sidewalk shall be constructed along the west side of Lodge Road as required by the City Engineer. If the sidewalk can not be constructed within the existing 7' parkway, a sidewalk/utility easement will be required to facilitate construction. 3) If a retaining wall must be constructed as a result of development, it must be constructed on private property and shall not encroach into the public right-of-way and/or sidewalk/utility easement. Staff recommends approval. CITY OF COPPEEL PLANNING DEPARTMENT STAFF REPORT CASE: CARRICK ADDITION, LOTS 1 & 2, BLOCK A, MINOR PLAT P & Z HEARING DATE: C.C. HEARING DATE: LOCATION: SIZE OF AREA: November 16, 2000 December 12, 2000 Northwest comer of Lodge and Sandy Lake Roads. Approximately 0.70 of an acre of property. CURRENT ZONING: SF-12 (Single Family-12) REQUEST: Minor Plat approval to establish two SF-12 residential lots. APPLICANT: Owner: Rory Carrick 456 E. Sandy Lake Road Coppell, TX 75019 (972) 393-9399 Surveyor: Statues Consulting Incorporated 4025 Woodland Park Blvd., Suite 230 Arlington, TX 76013 (817) 2654347 HISTORY: The subject property has not been platted. TRANSPORTATION: The Thoroughfare plan shows Sandy Lake Road as a C4D, Collector- four-lane divided roadway, contained within a ll0-foot R.O.W. Sandy Lake Road is currently under construction SURROUNDING LAND USE & ZONING: North- "SF-9 PD-113" Single-Family --9, Residential South - "SF-7 PD-96" Single-Family-7, Residential East - "SF- 12" Single-Family- 12, Residential West - "SF-9 PD-1 lY' Single-Family -9, Residential Item # 11 COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for medium density residential. DISCUSSION: The applicant is requesting Minor Plat approval to subdivide .6964 of an acre into two lots under the existing SF-12 zoning. Lot 1 will contain 17,015 square feet of land area and Lot 2 will contain 13,321 square feet of land area. The subject property is located between Sandy Lake Road and Cedar Crest Drive, along the west side of Lodge Road and contains a single-family dwelling fronting Sandy Lake Road. The applicant desires to subdivide the property into two lots in order to construct a single family dwelling on Lot 2. The subject property is extremely narrow, measuring 96' wide by 317' deep, which creates several site design obstacles. Most significantly, the substandard width of the lot will require the applicant to seek a variance from the Board of Adjustment before development of Lot 2 may occur. Additionally, there is a small strip of land between the north property line and Cedar Crest Drive owned by the adjacent neighborhood association, limiting frontage to only Lodge Road. The proposed dwelling will face Lodge Road with access provided from the existing alley to the west. While the plat clearly indicates the maximum building envelope, the applicant has more specifically indicated that the proposed dwelling will be located closer to Cedar Crest Drive at the north end of the property. The proposed location of the dwelling will provide a buffer between the new and existing home, creating a significant side yard for Lot 2. The applicant has also indicated that there are no plans to remove or alter the existing dwelling fronting on Sandy Lake. The applicant is required to install a sidewalk along the west side of Lodge Road. The existing conditions on Lodge Road provide only a 7' parkway between Lodge Road and the Carrick's east property line (See attached exhibit). Typically, a 11' wide parkway is required for the installation of a sidewalk and utilities. However, the applicant has dernonstmted to staff with the attached exhibit, that a 7' parkway appears to be adequate in this specific case. Staff has recommended that ff the sidewalk can not be constructed within the 7' parkway, a sidewalk/utility easement will be required from the subject property. It is anticipated that construction of the required sidewalk will result in the need for a retaining wall on the subject site. It is also likely that construction of the sidewalk and retaining wall will require the existing (nonconforming) wrought iron fence to be removed. If this portion of the fence is removed to construct a retaining wall, it can not be reconstructed in its current location, but must be relocated behind the 30' front building setback line. If the Item # 11 applicant desires to reconstruct the fence, or any portion of the fence within the front yard, the Board of Adjustment must approve a variance. The applicant has provided a tree exhibit that indicates the removal of four existing trees, while preserving the majority of the existing perimeter trees. The applicant has demonstrated that the level of preserved trees well exceeds the level of trees to be removed. Therefore, no additional tree mitigation is required for the subject site. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends APPROVAL of the minor plat, subject to the following conditions: 1) 2) 3) Revise title block on plat to read "Minor Plat." A sidewalk shall be constructed along the west side of Lodge Road as required by the City Engineer. If the sidewalk can not be constructed within the existing 7'parkway, a sidewalk/utility easement will be required to facilitate construction. If a retaining wall must be constructed as a result of development, it must be constructed on private property and shall not encroach into the public right- of-my and/or sidewalk/utility easement. ALTERNATIVES: 1) 2) 3) 4) Recommend approval of the request Recommend disapproval of the request Recommend modification of the request Take under advisement for reconsidemtion at a later date. ATTACHMENTS: 1) 2) 3) Proposed Sidewalk Plan Tree Exhibit Minor Plat Item# 11 Carrick Addition Suggested Easement Property Line. Retaining wall & wrought iron fence Utility pole t 7fi ExistinK example Parkwa~ .J 4' Sidewalk 3' Grass 7ft Tree layout - Carrick Addition - Lot 2 Lodge Road Trees to be saved: 257 inches Trees to be removed:' 69 inches CITY COUNCIL MEETING: December 12, 2000 ITEM ITEM CAPTION: Consider approval of the Haverty's, Site Plan Amendment for Lot 1R, Block 2 of Gateway Business Park, to allow a 170,590 square foot addition to the existing Haverty's facility located on approximately 26.45 acres of property west of Exchange Circle, north of Gateway Boulevard. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: November 16, 2000 Decision of P&Z Commission: Approved (6-0) with Clark, Halsey and Stewart voting in favor. None opposed. Commissioners McGahey, Kittrell, McCaffrey, Approval is recommended, subject to the following conditions: 1) The applicant shah install a living screen along thc eastern half of thc north property line adjacent to the building cxpansion. (CONDITION MET) 2) City Council approval of a waiver to the perimeter landscape requirements for the western half of the north property line adjacent to passenger vehicle parking area. 3) Rcvise table on parking/building area table shown on cover sheet to reflect that 302 parking spaces will bc provided (Phase 2) and not 235 as shown. (CONDITION MET) 4) Label fire lanes throughout plant as curren~y indicated, the exact path of the fire lanes can not be confirmed. 5) Remove note on cover sheet "No Variance Required.', (CONDITION MET) 6) Revise Existing Landscape (A) Calculation to reflect the correct number of cxisting parking spaces (as indicated on thc parking tablc, 318 parking spaccs arc cxisting) and adjust remainder landscape calculations as necessary. (CONDITION MET) PLEASE SEE FOLLOWING PAGE FOR ADDITIONAL CONDITIONS. DIR. INITIALS:~' Agenda Request Form - Revised 5/00 FIN. REVIEW: CITY MANAGER REVIEW: Document Name: @HAVRTYs · ! r '! HAVERTY'S. SITE PLAN AMENDMENT FOR LOT 1R. BLOCK 2. OF GATEWAY BUSINESS PARK 7) 8) 9) Revise Existing Landscape (A) Calculation to reflect thc correct number of new parking spaces (according to staff calculations, 302 parking spaces will be provided) and adjust remainder landscape calculations as necessary. (CONDITION MET) Removc ~vording "per prcvions D.R.C. submittal" from thc notc on Landscapc Plans (at north property lino). (CONDITION MET) Work ~vith Staff to ore~atc a natural screoning barrier at the roar of the building. (CONDITION MET) Staff recommends approval. CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: ItAVERTY'S, SITE PLAN AMENDMENT for LOT 1R, BLOCK 2 OF GATEWAY BUSINESS PARK P & Z HEARING DATE: C.C. HEARING DATE: LOCATION: SIZE OF AREA: November 16, 2000 December 12, 2000 West of Exchange Circle, north of Gateway Boulevard. Approximately 26.45 acres of property. CURRENT ZONING: u (Light mdustm~) REQUEST: Site Plan amendment for Lot 1R, Block 2, of Gateway Business Park, to construct a 170,590 square foot expansion onto the existing facility. APPLICANT: Catellus Development Corp. 4545 Fuller Drive, #100 Irving, TX 75038 (214) 719-0111 Engineer: HalffAssociates, Inc. 86 16 Northwest Plaza Drive Dallas, TX 75225 (214) 7394)095 HISTORY: The City Council approved the final plat of Gateway Business Park on June 12, 1990. On October 12, 1993, City Council then approved a replat of Block 2. More recently, on April 9, 1996, City Council approved a replat with site plan for the subject site, allowing the development of a 220,675 square foot regional distribution facility and a 50,000 retail furniture center. TRANSPORTATION: Gateway Boulevard is a C4U four-lane undivided collector street within a 70'-wide right-of-way. SURROUNDING LAND USE & ZONING: North- Railroad (D.A.R.T fight-of-way), United States Post Office South - I.H. 635, warehouse/office facility, "LI" Light Industrial East - Vacant, "LF' Light Industrial West - Park 'N Fly, "LF' Light Industrial Item # 12 COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for light industrial/showroom use. DISCUSSION: The applicant is requesting to mend the existing Haverty' s Site Plan in order to construct a 170,590 square foot addition, with accessory loading/service areas and parking. The proposed expansion includes a 16,590 square foot shop and parts area and an additional 154,000 square feet of warehouse area, bringing the total square footage of the entire facility to 499 ,265 square feet. As a result of the building expansion, the existing track court in the front of the building will be extended further to the east, consisting of an additional 21 dock doors and 27 truck parking spaces. The applicant proposes to locate two trash compactors within the expanded track court, one on either end. The building addition, extended truck court and trash compactors will be completely screened from Gateway Boulevard by the adjacent building to the south and from Exchange Circle by a landscape screen. Toward the rear of the site, the building expansion will provide a shop and parts area and an additional truck court consisting of 20 dock doors. The architecture of the proposed addition will match that of the existing building. The applicant has indicated that the building walls, louvers, downspouts, and doors will be painted beige (ICI-474 Stone Harbor) and all metal canopies over the loading areas will be painted grey (ICI-1437 Ascot Blue). No architectural changes are proposed to the existing portions of the facility and no additional signage is proposed as a result of the expansion. The existing chain link fence will be modified to include the expanded areas and sliding gates will be installed at the Gateway Boulevard and the Exchange Circle entrances. PARKING The existing I-Iaverty's facility contains. 50,000 square feet of retail, 15,000 square feet of office, and 213,675 square feet of warehouse area and is served by 318 parking spaces (1:876 overall parking ratio). A parking variance was granted with the original site plan approval in 1996, which included 'future expansions to the facility up to 522,000 square feet (total proposed- 499,265). At that time, Haverty's demonstrated to the Planning Commission and City Council that the level of parking required by the zoning ordinance exceeded the level needed to serve this particular type of facility. Staff' s review of the existing parking conditions confirms that the current [evel of parking is adequate. Staff believes there is no reason not to allow the applicant to continue parking the facility as outlined in the original site plan approval. As proposed, additional parking will be provided at a 1:865 parking ratio, with 302 additional parking spaces serving the 170,590 square feet expansion. Item# 12 LANDSCAPING/SCREENING In accordance with the zoning ordinance, the applicant has. provided the required interior and non-vehicular landscape areas; however, perimeter landscape requirements have not been met. Due to the site's existing conditions, the majority of the required landscaping is already existing; the current plan primarily provides for the replacement of all damaged/removed trees and shrubs, new landscape islands with trees and additional landscape screening at the Exchange Circle entrance. Because of the site' s adjacency to the railroad tracks, no perimeter landscaping wa.qis provided along the north property line. The approved site plan does show this condition and the applicant requests that the north perimeter area remain as it curren~y exists. Due to the nature of the facility and the fully landscaped rear parking lot, staff has no objection to the request as it pertaim to the passenger vehicle areas only. As mentioned above, it appears that all landscaping requirements have been met, with the exception of the noted perimeter areas. However, the landscape tabulations are inconsistent with site conditions. While it is apparent that the provided landscaping meets and exceeds the landscape requirements, staff has recommended that the applicant revise the calculations to accurately reflect the existing and proposed site conditions. Both the expanded south truck court and the new truck court at the north of the property are required to be screened from adjacent properties. In both instances, the applicant is requesting that the existing conditions remain. On the south side of the property, existing Red Oak trees are spaced every 50' and a solid hedge of Nellie R. Stevens is present along the property line between the expanded truck court and the property to the south. The expanded truck court will also back up to the existing truck court serving the property to the south and will not be visible from either Gateway Boulevard · or Exchange Circle. In this instance, staff believes the existing mature landscaping conditions should not be altered to construct a wail or additional screening measures. On the north side of the property, the new truck court will face the existing railroad and undeveloped property. Unlike the south truck court, no perimeter landscaping is provided in this area to buffer to the loading/service area~ While the north truck court will not be visible from Gateway or Exchange Circle, it will be visible from the adjacent railroad, currently D.A.R.T. fight-of-way and the future D.A.R.T line. In this case, staff does not support full relief from the screening requirements and has recommended that a living screen be installed along the eastern half of noah property line to adequately screen the truck court from view. Item # 12 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends APPROVAL of the site plan amendment, subject to the following conditions: 1) 2) 3) 4) 5) 6) 7) 8) The applicant shall install a living screen along the eastem half of the north property line adjacent to the building expansion. City Council approval of a waiver to the perimeter landscape requirements for the westem half of the north property line adjacent to passenger vehicle parking area. Revise table on parking/building area table shown on cover sheet to reflect that 302 parking spaces will be provided (Phase 2) and not 235 as showrL Label fire lanes throughout plan, as curren~y indicated, the exact path of the fire lanes can not be confirmed. Remove note on cover sheet-"No Variance Required." Revise Existing Landscape (A) Calculation to reflect the correct number of existing parking spaces (as indicated on the parking table, 318 parking spaces are existing) and adjust remainder landscape calculations as necessary. Revise Existing Landscape (A) Calculation to reflect the correct number of new parking spaces (according to staff calculations, 302 parking spaces will be provided) and adjust remainder landscape calculations as necessary. Remove wording "per previous D.R.C. submittal" from the note on Landscape Plans (at north property line). ALTERNATIVES: 1) 2) 3) 4) Recommend approval of the request Recommend disapproval of the request Recommend modification of the request Take under advisement for reconsideration at a later date. ATTACHMENTS: l) 2) 3) 4) 5) 6) 7) 8) Approved Site Plan (2-27-96) Site Plan Floor Plan Building Elevations Building Elevations Overall Landscape Plan Detail Landscape Plan Detail Landscape Plan Item# 12 PARKING SPACES ~,-BE,* 4.57,000 SO, FT. TOTAL 522,000 SO, FT, elNCUJD[$ FU*NRE WAREH(XISE E~ANg~ON RBO'D.* FEE~ FROP. FIETAIL 164 50 118 OFF:ICE 50 53 55 WHSE. 457 281 322 TOTAL 671 384 495 eBASi:D 0N CrrY OF C01~E,L PARKlle PHASE I 318 SPACES PHASE g 177 SPACES TOTAL P~ 495 SPACES I I I HAVERTY'8 SITE 1,14e,1e2 el I I I I -- -- I I I ~::::>c:::~: I __ I ~ -- I ..3. -- I ~ ' , - I ~""". I I I CLEARANCE I I I I I I I I I I I I I I I I I i I I I I I I 26~2~ d t I, L *~~~ITY COUNCIL MEETING: December 12, 2000 ITEM ITEM CAPTION: PUBLIC HEARING: Consider approval of a proposed text change to amend Section 33-1.6 of the Coppell Zoning Ordinance, Screening Standards, to include the screening of ground level and roof-mounted mechanical equipment. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: November 16, 2000 Decision of P&Z Commission: Approved (6-0) with Clark, Halsey and Stewart voting in favor. None opposed. Commissioners McGahey, Kittrell, McCaffrey, Staff recommends approval. DIR. INITIALS: Agenda Request Form - Revised 5/00 CITY MANAGER REVIEW~~ ~ Document Name: @ZO33ta CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: Text Amendment-Section 33-1.6 SereeninR Standards P & Z HEARING DATE: C.C. HEARING DATE: REQUEST: SECTION: 33-1 6. 6a. November 16, 2000 December 12, 2000 Zoning Text Amendment to Section 33-1.6 Screening Standards to include additional provisions for ground level and roof mounted mechanical equipment Refuse storage areas not adjacent to an alley for all uses other than single-family and duplex dwellings shall be visually screened by a six (6) foot high solid fence on all sides except the side used for garbage pickup service, such side shall not be required to be screene. tL All ~round and wall mo-nted mechanical and utility eauiDrnent includin~ but not limited to. air eonditio_nina units. ~nerators. and transformers shall be visualIv screened bv a solid screening, wall at a minimum heiaht so as to provide visual screenino of such eouiDment from adiacent orooerties and oublic riohts-of-wav. Installation of evergreen landscaoinu material. as deemed accevtable to the Director of Plannirm. mav be substituted in lieu of the screen wall. under circumstances where the tooom'aDhv. zonin~ and use of such Dronerot would promote the ~,eneral health_ safetv. and welfare of the All roof-mounted utilitv and mechanical eauinment includin~ but not limited to. fans. vents. air conditionin~ units. coolin~ towers. and satellite dishes. shall be screened so as not to be visible at ~ro-nd level from the adjacent Droverties and/or rublie rip_.hts-of-wav. that complies with Fire Cede reanirements. In ~neral. the screenirm of roof mounted utiliW and mechanical ~uiOrn~Itt ~nll tg pmvid, d by a ramVet wall, unless otherwise ~nnitted by the CiW Council. i. Overall screening, heiv-ht shall be the hei p-ht of the hi v-hest element of roof-motmte, d equiVment. ii. The outside of the screenin~ device. if indeoendent of the buildin~ facade. shall be vainted or otherwise finished in a color similar to the buildinu facade. trim. or roof surface. whichever Item # 13 color is more effective in minimizin. the visibilitv of the eauinment and screen from Dublie ri~hts-of-wav and/or adjacent pro~rties. DISCUSSION: The Zoning Ordinance is currently silent on the need to screen ground level as well as roof mounted mechanical equipment. This provision has been added during site plan review on a case-by-case basis. It is suggested that this requirement be added to the zoning ordinance to allow for consistent enforcement. On October 19, 2000, the Planning and Zoning Commission reviewed this proposed text amendment. Revisions were recommended to achieve a higher level of specificity to the screening requirements. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends APPROVAL of the proposed text amendment to Section 33-1.6 Screening Standards to include additional provisions to require the screening of both ground level and elevated mechanical equipment as revised by the Planning and Zoning Commission on October 16, 2000. ALTERNATIVES: 1 ) Recommend approval of the request 2 ) Recommend disapproval of the request 3 ) Recommend modification of the request 4) Take under advisement for reconsideration at a later date. Item #13 ITY,~ 8 ~ COUNCIL MEETING: December 12, 2000 ITEM ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-178R. Town Center West. Detail Site Plan of a Retail Center, zoning change request to amend the planned development and allow the construction of a 13,393 square foot retail/medical/restaurant facility on approximately 1.8 acres of property located at the southwest comer of N. Denton Tap Road and Town Center West Boulevard, and authorizing the Mayor to sign. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On February 17, 2000, the Planning Commission unanimously approved this zoning change request (7-0). On March 28, 2000, City Council approved this zoning change request (5-2). Council members Tunnell and Wheeler voted against the motion. Staff recommends approval. DIR. INITIALS: t ~ Agenda Request Fonn-~etv~ised 5/00 FIN. REVIEW: AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM "PD-178" (PLANNED DEVELOPMENT-178) TO "PD--178R" (PLANNED DEVELOPMENT - 178R) TO ALLOW FOR THE CONSTRUCTION OF A RETAH-/MEDICALfRESTAURANT FACILITY FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR A DETAIL REVISED SITE PLAN. PROPOSED FLOOR PLAN, BUILDING ELEVATIONS AND LANDSCAPE PLAN. ATTACHED HERETO AS EXHIBITS "B"."C"."D" AND "E" RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the' City Planning and Zoning Commission and the goveming body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-178R should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be mended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore mended, be and the same is hereby amended to grant a change in zoning from "PD-178" (Planned Development- 178) to "PD- 178R" (Planned Development - 178R) to allow for the construction of a retail/medical/restaurant facility for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the following development conditions and the Revised Detail -Site Plan, Proposed Floor Plan, Building Elevations and Landscape Plan attached hereto as Exhibit,l= "B", "C", "D". and "E". respectively: A. All light poles located along Denton Tap Road shall not exceed 30' in height; light poles located at the west of the retail facility shall not exceed 25' in height; and, light poles located in the child court shall not exceed 20' in height. B. All light poles as permitted herein shall meet the shield and glare standards in accordance with City ordinances and shall provide adequate lighting all night. C. All landscaping shall be as depicted on the site plan. D. Prior to the granting of a building permit, a shared access agreement with the south property owner shall be provided and approved by the Planning Director and City Attorney. E. Raceway and returns for building signs shall match the material on which it is mottoted; i.e., bronze on brick, off-white on EFIS. F. Building(s) shall not exceed 35' in height measured from the midpoint of the gable to grade. G. Landscaping along the north side of Town Center West Boulevard shall be installed, irrigated and maintained by the applicant in accordance with applicable ordinances. H. The location of the monument sign shall be as depicted on the Site Plan. I. All elevations on the site plan shall specify the overall height of the structures which shall not exceed the minimum height requirements under the Coppell Zoning Ordinance or as set forth herein. J. All approved setbacks shall be noted on all plans submitted. 2 K. Parking provisions shall be consistent on all plans. L. Solid or living screening fence shall be constructed to screen air conditioner units from public view. SECTION 3. That the Revised Site Plan attached hereto as Exhibits "B", and made a part hereof for all purposes, is hereby, approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is govemed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of ,2000. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: (REH/cdb 12/1/00) ~ ATTORNEY LIBBY BALL, CITY SECRETLY 4 tOT I DE~"RIYI~ON BRING · tract of land sittreed in the ~ W. Jack Survey, Abstraa No. 694 in the City of Coppelk Dallas ~, Texas and also being part of a tract of land as descn~ in s deed to Yorkshire West ~ Inc. TR. and teoordt, din Volmne , Page of the Deed Records of Dallas County, Texas and being more pmia~m~ described as follows: BEGINNING st an T found cut in concr~ ~t ~ inU~~ of the west line of Denton Tap Road (a variable width right-of-way) with the south line of West Town Cenmr Drive (a variable width fight-of-way), said point also being the southeast ctraer of tract 2 of the Sottic Addition, an addition to the City of Ceppell as recorded in Volume 94144, Page 2353 of the Deed Records of Dallu County, Texas; THENCE S. 01 ° I3~JT' E., 1902.1 feet along ~ said west line of Denton Tap Road to a V: " iron rod set for cornet, said point also being the nofikut. corner of a tract of had as conveyed to William Boorhem, Trustee. by deed roco, ded in Vokane 85 111, Page 1197 of the Deed ~ of Dallas County, Texas; THENCE S. 81P39'00" W., 394.00 feet leaving the said west line of Denton Tap Road, and running along the north !me of the said Boca, lgmtract, toa ½" iroa rod set for corner, THENCE N. 01013'37" W., 194.77 feet leaving the mid wrth line of the Boorhem tract to a '~" iron rod set for comer, being on the south line of the said West Town Center Drive, said point also being in a curve to the left running in an easterly direction sad having · cagral mgle of 09~16'09" mad a radius of 338.92 feet; THENCE along said carve, md the said south line of West Town Center Drive, 54.83 feet to the end of said curve, · ½" ircm rod set for ¢xtnet, said point being the beginning of · curve to the right having a central mgle of 090'24'57' md· mdim of 255.44 feet; THENCE along said ctwve, md contiataing along the mid south line of West Town Center Drive, 41.98 feet to the end ofsaid curve, · ½" inm rod set for comer;, THENCE N. 88'1745" E., 282.78 feet contluuiag along the said south line of West Town Center Drive to the Point of Bcg;nnif~g sad containing 1.833 scres of bud. EXHIBIT "A" DESIoN DATA OCCIJPAt, r.,? e!O.F F/~It. IN~ (l~l,lflB~) ell __., - ....... TOY,iN CENTER P, tEST BLVD r~:~" ~.~.) | I " x I sa 2 "",1 z ITYa a ~ COUNCIL MEETING: December 12, 2000 ITEM ITEM CAPTION: Consider approval of the U-Haul International. Site Plan, to allow the construction of a three-story mini- storage facility on approximately 2.02 acres of property located along the south side of S.H. 121, east of Denton Tap Road, at the request of U-Haul International. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: November 16, 2000 Decision of P&Z Commission: Denied (6-0) with Commissioners McGahey, Kittrell, McCaffrey, Clark, Halsey and Stewart voting in favor of denial. None opposed. This case has been appealed to Council. Please see attached letter from Art Anderson, dated November 30, 2000. A % vote by Council is needed in order to overturn the Commission's recommendation. Staff recommends denial. Agenda Request Form -~efised 5/00 FIN. REVIEW: CITY MANAGER REVIEW: Docment Name: @U-HaulS November 30, 2000 tVhNICK DEC 1 ~S Vi ,a,,, :,F r, n F'.8/~ ~, P, XP~r. SS Gary L. Sieh, A.LC.P. Director of Plenning & Commua~%7 Services City of Coppert 255 Peakway Blvd. Coppell. TX Re: U-Haul International Site Plan Dear Mr. Sieb: Pursuant to your November 17, 2000 letter, the applicant apl:~ds the November 16, 2000 pl~nnlng and Zoning denial of its site plan applicatiom Pursnant to your L-tier. enclosed are: the Following items: Sev~tee, n (17) copies of ~ch exhibit included ~ith the application. These e:<hibits have been revised; and Thrc: (3) 8;/_` x 11 topics of e-ach exhibit. At the November 16, 2000 m~etlng, the apglieant's reTesentative rect~ed reasons for the dcmial but none were provided. I subsequently r~quested r~asons from r. he City Attorney but none wcr= Frovide& In adclidon, thc planning staff has refused to meet with the applicant. In our opinion, the enclosures meet Itll of the requirements ofth~ zoning ardin.nce. IE'there is any doubt regarding the plans, please contact Jeff Evans at U-Haul at 1-800-528-0361 as soon as possible. DALLAS HOUSTON AUSTIN FORT lrOItTH MEXICO ClT't' Oary. L. Sieb, A.I.C.P. November 30, 2000 Pa~e '2 Thaz~ you t~r your attention to this maner. Very. Lruly yours, Ax'~ur .1'. Anderson AJA:dcC _, Enclosures cc: 1~-__dy C~Lin (via Facsimile No. 602-27'7-1026) Kobcrt Hager, F_Jq. (vie. Fa~irrdl: No. 214-965-0010) CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Note: This site plan is different, but the use is identical to a request unanimously denied by Planning Commission in September. Staff would typically not present the case again, however legal counsel recommended that we reprocess it due to formal application and filing fees being resubmitted. Hence, the following slaff report, with additions from the original study shown in italics, is offered for consideration. CASE: U-HAUL INTERNATIONAL, SITE PLAN P & Z HEARING DATE: C.C. HEARING DATE: LOCATION: SIZE OF AREA: September 21, 2000 (November 16, 2000) October 10, 2000 (December 12, 2000) Along the south side of S.H. 121, approximately 350 feet east of Denton Tap Road. Approximately 2.02 acres of property. CURRENT ZONING: HC - Highway Commercial Site Plan approval for a three-stoW, 72,000 square foot warehouse facility APPLICANT: U-Haul International, prospective purchaser 2727 N. Central Avenue Phoenix, AZ. 85004 (602) 263-6502 Fax: (602) 277-1026 HISTORY: There has not been development activity on this parcel although the Council approved a Jack-in-the-Box Restaurant on property to the west-of this parcel in May of this year. The Jack in the Box is currently under constructloft A site plan request for warehouse use was originally heard by the Planning Commission on September 21, 2000, where it received unanimous denial. It was not appealed to Council. Not only did the zoning not accommodate the use, but there were several other developmental issues the applicant failed to Item # 6 TRANSPORTATION: adequately address. Several of those issues are outlined in the accompanying staff report. Between September and the application date for November cases, the Council changed the zoning flom LI to HC, a zoning classification that does not support warehouse use. State Highway 121 will eventually be built here as a six-lane divided freeway. The subject tract is adjacent to the eastbound one way service mad of this highway and consists of three lanes of pavement. SURROUNDING LAND USE & ZONING: North- State highway 121; City of Lewisville zoning South - Denton Creek Middle School; SF-7 East - Denton Creek Middle School; SF-7 West - vacant site for Jack-in-the-Box restaurant; HC zoning COMPREHENSIVE PLAN: The Comprehensive Hart shows the property as suitable for regional retail uses of which this proposal is questionable at best. DISCUSSION: This is a request for a use not allowed in the base-zoning category of HC, Highway Commercial. In addition, there are several concerns with the plan that merit mentioning in an overall analysis of the proposal. To understand this entire issue, several action dates need to be kept in mind: May 18 CPC called hearing to consider HC zoning (cont. two months due to advertising error) dul. 20--unanimous CPC approval of HC zoning Aug. &-Council continues HC to Sept. 12 Sept. 12---Council approves HC zoning Sept. 21 Planning Commission denies request Oct. 10--HC ordinance adopted Oct. 18--new site plan submitted Nov. 16~CPC hearing Subsequent to Planning Commission denying this application on September 21. the applicant resubmitted a revised plan on October 18, 2000. These dates are important in that the applicant is claiming he submitted an application seeking site plan approval prior to the zoning change disallowing his proposed use Although we strongly disagree with that line of thought, we have processed this revised applicatior~ Initial review of this plan outlined at least 18 specific concerns of staff (see attached U-Haul letter dated October 31, 2000). In addition to the time flame analysis, there are several concerns with the plan that merit mention in an overall analysis of the proposal. For example, details of the request show a three-story warehouse to be mn by the U-Haul organization. The facility is shown to have several overhead storage access doors on the first level that continue around the building. Many of these Item # 6 doors have been eliminated m the most recent submittal. In addition, there are other, large access doors that cream a rather unusual and somewhat awkward scale to the building. The building is also shown to have a series of different color schemes ranging from orange parapet stripe, to tan Dryvit (an imitation of stucco) elevation, to forest green metal panels, to tan brick facade, to light tan brick horizontal stripes, to vast areas of glazing, to an undefined reddish colored series of overhead metal doors encompassing the building. This jumble of building colors, materials, and finishes results in a building that is very awkward looking. There are also several over-sized parking spaces at the from of the building which are obviously placed there for outside storage/advertising, which is not allowed. During our development review of the most recent submittal, the applicant agreed advertising was not allowed but insisted that LI zoning permitted display of U-Haul identified trucks. (Again, please see correspondence of October 31, 2000 attached). There is no district m the Coppell Zoning Ordinance that allows this type of vehicular signage. Landscaping calculations are not in the proper form. There are no dimensions on the sidewalk. Sidewalk dimensions are now included Appropriate landscape screening of parking spaces is not reflected on the site plan. Although there are three examples of monument signage, it is unclear which one is preferred. In addition, the sign should be the same masonry material as shown for the majority of the building. A fifteen-foot monument sign setback needs to be specified on the site plan. The signage issues have now been resolved Plant material does not indicate size/caliper of landscaping. The October 18 submittal indicates our minimum 3" caliper tree standard Fire lane radii do not meet minimum guidelines. Fire lanes conform on the new plan. As stated above, upon review of the re-submittal, planning staff expressed 18 concerns, including improper zoning. In responding to those concerns (the U-Haul letter of October 3 O, many of the comments do not satisfactorily address the issue, and 6 of the 18 are still not resolved The use proposed here is troubling in that it does not reflect a use recognized by the Comprehensive Plan. As indicated by the Plan, regional retail uses are those with good access to highways such as restaurants and retail centers. A warehouse is not defined as a regional retail use, so from the Plan' s vision for the future, it is not recommended for this site. Our re-analysis draws the same conclusior~ Even ~f LI standards were applied to the most recent submittal, there are several development violations including landscaping area deficiencies of at least 11 O0 square feet; all parking areas do not included landscape islands at their ends with trees in the landscape areas; lighting proposed for the building is m violation of our zoning glare standards; the color board submitted still does not detail glass to be used and color of the overheard service doors; service doors on the J~ont of the building must be screened ~om public streets; all portions of the building within 150feet of a residential zone can not exceed 35feet m height. Item # 6 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends denial of this request for a variety of reasons-several stated above- and the fact that HC zoning does not allow general warehousing activities of any type. Our assessment of this use not being proper at this location, not conforming to base zoning, not complying with specific elements of the zoning ordinance, and certainly not supportive of the Comprehensive Plan compels us to recommend denial of this re~applicatiott ALTERNATES: 1) 2) 3) 4) Recommend approval of the request Recommend disapproval of the request Recommend modification of the request Take under advisement for reconsideration at a later date. ATTACHMENTS: 1) 2) Packet of Information including: Site/landscape plan, elevations, signage, survey information U Haul correspondence of October 31, 2000 responding to most recent staff review Item# 6 11/0~/00 THU 08:57 FA~ 214 745 5864 WS&M DALLAS FLOOR WINSTEAD SECHREST & MINICK tt Prq~ianal Corpom/istt [ Al~rn~t ¢~' C~tmtabts .TELECOMMUNICA._AION TRANSMITT~ L ~ool 5400 Rcnais,.mncc Towcr 1201 Elm Sttcct Dslhs, T~,s,s 75270 214/745-5400 fix 214/745-5390 ~.winslm~d.com elifeet ,eli'l,],: 214--745-5745 mdcrr, on([ilwin'!~esd. com PLEASE DELIVER TO THE FOLLOWING: Gary Sieb, City of Coppell MESSAGE: TELEPHONE NUMBER: FAX NUMBER: 972-304-3570 FROM: Arthur J. Anderson ATTORNEY #: 179 CLIENT-MATTER #: 13868-54 NUMBER OF PAGES: 4 INCLUDLNG COVERSHEET. PLEASE CALL DEBBIE CLARK AT 214/745-5'~26 or 214/745-5747 IF YOU DO NOT RECEIVE THE TOTAL NUMBER OF PAGES OR IF TRANSMISSION IS NOT RAiADABLE. DATE: November 2. 2000 TIME SENT: X ORIGINAL WILL NOT FOLLOW __ ORIGINAL WILL FOLLOW VIA: Regular MaB Hand Delivery Overnight Delivery Other The information corttained bx this facsimile m~ssage is attorney privileged and confidential information intend~l for the use of the individual or entity named above. tf the reader o1' this message is not the intended rt~ipien~ or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. if you have r~ceived this fax in error., please inunediately notify us by telephone, and r~tum the original message to us at the above adarcss via the U. S. Postal Service. ::ODMAXPCDOCSXDALLA$_l~.1390703\I 208:999993-1 1i/02/00 THU 08:58 FAX 2~4 745 5864 WS&M DALLAS FLOOR 54 ~002 U-HAUr CONSTRUCTION DEPARTMENT U-HAUL INTERNATIONAL · 2727 N. CENTRAL AVE. * PHOENIX, AZ 85004 - * _ t~ '. · ,~ October 31, 2000 Gary Slat) ~ NOV - 2 2000 Planning Department City of Copper ' 255 Parkway Boulevard Coppall, Texas 75019 Dear Sir: I am writing in response to the ORC comments dated October 27, 2000 regarding the site plan submittal for U-Haul International. I have addressed each comment individually. 1. This use is not allowed in the base zoning. At the time of the submittal of this project, the property carded the "L.I" zoning designation. Our use is compatible with, and allowed in, the "LI" Zoning district. 2. The proposed use is not recommended by the comprehensive plan... 3. All parking spaces are not d'rnensioned. It is Customary to dimension only one space in a line of parking; it is assumed that the remaining spaces are identical in size to that space. In order to further clarify the situation we have added the notation "TYP" to each of the dimensions. If this is not sufficient. please specify how you would like the spaces to be dimensioned and we will comply. 4. 80% masonry requirement does not include Dryvit: we recommend against this material on the 20% portion of the buildings. The exterior insulation and finish system makes up no more than 3"/~, of the front fa~:~.de of the building and considerably ~ when the calculated across eli the elevations. We have previously used this as a primary finish material on buildings in the Dallas area and have no reason to believe that the small amount on this building will constitute a prol~lam. Landscape calculations should be placed on the site plan and indicate: ~nterbr landscape requ~'ement; perimeter I.e. requirement; non-vehicular open space requirement; all as outlined in the zoning ordinance. We have made avery effort to calculate and present the landscape requirements in complete detail. We have listed each of the above requirements in a separate calculation, with the zoning section, and have even provided diagrams to explain each area. We are at a loss to explain how you could make the claim that this information is not on the site plan. If you have specific objections as to the content of the c81culations, please state them end we will be happy to respond. 11/02/00 THU 08:58 FAX 214 745 5864 WS&M DALLAS FLOOR 54 ~003 6. Lanclscaping area and plant material list shown do not meet minimum requirements. In your letter dated September 22, 2000 to U-Haul International your only comment with regard to the landscape was item No. 6 - that the "Plant matedab do not specify size and callper.' The drawings submitted to you clearly state the size and coroner. The information is identical in all other respects. Please let us know specffically what requirements have been added since the September 22, letter and we will I:N'ovide yOu with this information. 7. All landscape areas not dirnensionecl. Each landscape area includes a dimension of its depth. We would be happy to include any additional dimensions you wish to specify. In the absence of this information I have relied upon this standard architectural practice. 8. Parking must be screened from neighboring property lines. The parking areas are screened from the adjoining property lines with a new 6' masonry sa'eenwa!l. This fact is c/early noted and a detail has been provided per your previous request At the September 7~' DRC meeting we sited that it was our understanding that the drive to the west side of the property need not be screened from an adjacent "Lr' zoned property. At that time we also offered to provide such screening if we were in error. At no time during that meeting or after have you said that such screening is necessary. If this is the intent of your comment, please show us where it is required by the code and we will provide it. 9. Parking spaces in front seem excessive; no truck parking with advertising alloweci on site; storing or display of rental trailers or vehicles not allowed in parking spaces, or on site As we informed you at the September 7~' DRC meeting, the spaces at the front of the site are sized to allow us to park our rental trucks in those ices. At that meeting you informed us that we would not be altowed to place adclitional advertising signs on or around the vehicles, and we will not. No rental equipment will be placed in a customer space. Your statement that the trucks and trailers for rent are not allowed on the site is simply in error. The "Lr' zoning, which encompasses the 'C" zoning, specifically allows for "Automobile and truck rantar' and =trailer rental." The wording is clear and specific. 10. Screening wall not allowed in the front yarcl. Section 34-I-8 (C) Perimeter Landscapina states that parffing and vehicular use areas shall be screened from public rights-of-way by a "wa. Jl, fence, hedge, berm, or other dural3la landscape barrier." We are not aware of any section of the code negating this provision. If such a negation exists, please tell us what section, and we will provide another form of screening. 11. Interior I~hted and plastic bubble s~gnage not allowed. letters as Our sign detail clearly calls out the r~ "pan-channel." You informed me that this was an h acceptable signage at t e September 7 DRC meeting. I do not know what "plastic buDhie signage" is, but I am confident that a metal channel letter does not fall into this category. 12. Complete color board required... Due to the three-day turnaround required by your schedule. and the speci~city of the matedab required in your list, We will provide this expanded materials board for the November 16e' Planning Department submission. 1i/02/00 THU 08:59 FAX 214 745 5864 WS&M DALLAS FLOOR 54 ~004 13. Larger sample of "S~erra Sumeft accent color needed; wioth of this band at top of bui:fing not dimensk~ned. We will provide this ample with the expanded cobr board. We me not aware of any previous request or requirement to dimension the indNidual details of the building; however, the are8 in question is 12" high. 14. Over-all footpr~t dimensions are not shown on the p~an. The overall dimension of the building is 175' by 150' and is, in fact, clearly shown on the plan. 15. North property line not clear!y la~led. The north property line is clearly labeled as 'curve 1" and includes the radius, am length, delta, chord length and chord bearing, ff there is further information that can be provided for a curve, plea,~ specify your requirements and we will provide it, 16. L~ht~hg proposed appears excessive. The lighting shown is designed to standard used throughout the U-Haul system. Our previous submittal included an identical lighting plan and no comments were provided at that time. Your wording indicates that this may be a suggestion rather than a requirement, If you have any specific suggestions we would be happy to consider them. 17. City does not have an "IL " zoning classirK:ation. This was an error on our part. We have revised the drawings to mad "Li" rather than 'IL." We regret any confusion this may have caused. 18. Deceleration lane not shown on plan. This deceleration lane did not exist at the time our plan was drafted. We will endeavor to provide this information on the plans for the November 16~' Planning & Zoning meeting. If you have any questions. please do not hesitate to call me. Sincerely, Jeffrey A. Evans COUNCIL MEETING: December 12, 2000 ITEM ITEM CAPTION: Consider approval of an Ordinance for the text change to amend a portion of Section 34-2-7 (B) of the Coppell Zoning Ordinance, Landscape Regulations, to add the Mesquite Tree, less than ten (10) caliper inches, as an unprotected tree, and authorizing the Mayor to sign. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On October 19, 2000, the Planning Commission unanimously approved this zoning change request (7-0). On November 14, 2000, City Council approved this zoning text amendment (4-3). Council members Stover, Tunnell and Raines voting against the motion. Staff recommends approval. ~. Agenda Request Form - Revised 5/00 '! FIN. REVIEW: CITY MANAGER REVIEW: Document Name: @3427BTO AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CITY OF COPPELL COMPREHENSIVE ZONING ORDINANCE BY AMENDING SECTION 34, SUBSECTION 34-2-7(B) BY ADDING MESQUITE TREES OF LESS THAN TEN CALIPER INCHES (10") TO THE LIST OF TREES WHICH DO NOT REQUIRE PROTECTION AND REPLACEMENT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Section 34, Subsection 34-2-7(B) of the Comprehensive Zoning Ordinance be amended by incoxporating Mesquite Trees (Common Name) or Prosopis glandulosa (Botanical Name), of less than ten calipcr inches (10"), to the list of trees not require4i to be protecte~cl or replaced. SECTION 2. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 3. 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 4. An offense committed before the effective date of this ordinance is govemed by the prior law and the provisions of the Code of Ordinances, as mended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 5. 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, the __ day of ,2000. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: (REH/cdb 12/01/00) LIBBY BALL, CITY SECRETARY 2 ITEM CAPTION: PUBLIC HEARING: Consider approval of the designation of a reinvestment zone pursuant to Section 312,201 of the Property Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is that property owned by Duke-Weeks Realty Limited Partnership, described as Freeport North Addition, Block A, Lot 3 (12,105 acres) and located at the southwest corner of Royal Lane and Creekview Drive, Coppell, Texas. SUBMITFED BY: Gary Sieb TITLE: Director of Planrang STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS: Agenda Request Form - Revised 5/00 AMT. EST. $ FIN. REVIEW: +X-BID $ CITY MANAGER REVIEW: Document Name: $PHDuke.doc NOTICE OF PUBLIC HEARING OF DESIGNATION OF REINVESTMENT ZONE A PUBLIC HEARING will be conducted by the City Council of the City of Coppell, Texas, in the Library Meeting Room, William T. Cozby Library, 177 N. Heartz Road, Coppell, Texas on the 12th day of December, 2000, at 7:00 P.M., to consider designation of the property described as Lot 3, Block A, Freeport North Addition (12.105 acres), located at the southwest corner of Royal Lane and Creekview Drive, Coppell, Texas, Duke-Weeks Realty Corporation, as a Reinvestment Zone under Chapter 312 of the Texas Property Tax Code. The Council will seek to determine whether the improvements sought to be made in the zone are feasible and practical and will be a benefit to the land included in the zone and to the City after the expiration of a tax abatement agreement to be entered into pursuant to Section 312.204 of the Texas Property Tax Code. At the hearing, interested persons are entitled to speak and present evidence for or against the designation. Citizens Advocate December 1, 2000 C:~TEMP\FREEPORT6.DWG Nov 27, 2000 17:34:00 PSBROWN 25 50 too ~5o GRAPHIC SCALE IN FEET ~ MAPSCO VIC/N/TY' MAP SUR~YOR'S CERTIFfCATION CITY COUNCIL MEETING: December 12, 2000 ITEM ITEM CAPTION: Consider approval of an Ordinance designating the Duke-Weeks Realty Limited Parmership Reinvestment Zone No. 30, and authorizing the Mayor to sign. SUBMITTED BY: Gary Sieb TITLE: Director of Planning STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS: DIR. INITIALS: ~)j~ t Agenda Request Form - Revised 5/00 I AMT. EST. $ FIN. REVIEW: +X-BID $ CITY MANAGER REVIEW: Document Name: $Duke.doc I ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DESIGNATING REINVESTMENT ZONE NO. 30 (DUKE-WEEKS REALTY LIMITED PARTNERSHIP -FREEPORT V0; PROVIDING ELIGIBILITY OF THE ZONE FOR COMMERCIAL-INDUSTRIAL TAX ABATEMENT; CONTAINING FINDINGS TBAT TI~E AREA QUALIFIES TO BE DESIGNATED AS A REINVESTMENT ZONE AND THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICABLE AND OF BENEFIT TO THE LAND AND ~ CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell, Texas, has caused notice to be published in a newspaper having general circulation in the City and has delivered such notice to the presiding officer of the governing body of each taxing unit that includes in its boundaries real property described herein; and WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing on the designation of the area described herein as a reinvestment zone; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, DALLAS COUNTY, TEXAS TBAT: SECTION 1: That the City Council of the City of Coppell, Texas fmds that the area described herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the retention or expansion of primary employment, or to attract major investment in the zone that will be of benefit to the property and contribute to the economic development of the City. The City Council further finds that the improvements sought are feasible and practicable and would be of benefit to the land to be included in the zone and to the City after the expiration of a tax abatement agreement. SECTION 2. That pursuant to the provisions of Section 312.201 of the Texas Tax Code, the property described in Exhibit "A" attached hereto and made a part hereof for all purposes is hereby designated as a reinvestment zone and for identification is assigned the name "Reinvestment Zone No. 30." ] 37291 SECTION3. That the property within Reinvestment Zone No. 30 is eligible for commercial-industrial tax abatement effective on January 1,2001. SECTION 4. If any article, paragraph or subdivision, clause or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 5. That all provisions of ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. This ordinance shall take effect immediately from and after its passage, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, on the __ ,2000. APPROVED: day of CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY 2 37291 C:\TEMP\FREEPORT6. DWG Nov 27, 2000 17:34:00 PSBROWN 25 50 t0O 150 GRAPHIC SCALE IN FEET ~"~ SITE VICINITY MIIP OESCRIPTION OF PROPERTY SURVEYED SURVEYOR'S CERTiFICATiON ~-XRIBIT · ~ ~ 4~~ CITY COUNCIL MEETrNG: December 12, 2000 ITEM ITEM CAPTION: Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Duke-Weeks Realty Limited Partnership, and authorizing the Mayor to sign. SUBMITTED BY: Gary Sieb TITLE: Director of Planning STAFF COMMENTS: City Council is scheduled to conduct a public hearing regarding the designation of the reinvestment zone on December 12, 2000. BUDGET AMT. $ FINANCIAL COMMENTS: Agenda Request Form - Revised 5/00 AMT. EST. $ +X-BID $ CITY MANAGER REVIEW D tN $D k d ocumen ame: u eres. oc 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 DUKeWEEKS REALTY LIMITED PARTNERSHIP (FREEPORT VI); 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 among the City of Coppell, Texas and Duke-Weeks Kealty Limited Partnership (Freeport VI), a copy of which is attached hereto and incorporated herein by reference; and WFIF. REAS, 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 City Council finds that the improvements proposed to be built upon the Premises described in the Agreement will enhance the economic vitality of the community through a combination of new capital investment, increased sales tax revenues, and the creation of additional job opportunities. SECTION 3. The tax abatement to be granted by the Agreement will not include inventory, and supplies. SECTION 4. The improvements proposed for the Premises will accomplish the tax abatement guidelines of the City of Coppell, Texas. 37296 1 SECTION 5. The City Manager delivered to the presiding officer of the governing body of each taxing unit in which the property subject to the Agreement is located, a written notice that the City of Coppell, Texas, intends to enter into the Agreement. The notice given by the City Manager included a copy of the Agreement approved by this Resolution. SECTION 6. This Resolution and the Tax Abatement Agreement are hereby approved by the affirmative vote of the majority of the members of the City Council of the City of Coppell, Tens, at a regularly scheduled meeting of the City Council. SECTION 7. This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the __ day of ,2000. CITY OF COPPELL, TEXAS CANDY SHEEHAN, MAYOR ATTEST: APPRO TO : TORNEY LIBBY BALL, CITY SECRETARY 2 37296 STATE OF TEXAS § COUNTY OF DALLAS § TAX ABATEMENT AGREEMENT This Tax Abatement Agreement (the "Agreement") is entered into by and between the City of Coppell, Texas (the "City"), duly acting herein by and through its Mayor, and Duke-Weeks Realty Limited Partnership ("Owner"), acting by and through its authorized officer. WITNESSETH: WHEREAS, the City Council of the City of Coppell, Texas, (the "City"), passed an Ordinance (the "Ordinance") establishing Tax Abatement Reinvestment Zone No. 30 (the "Zone"), for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the "Tax Code"); and WHEREAS, the City has adopted guidelines for tax abatement (the '"Tax Abatement Guidelines"); and WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria governing tax abatement agreements to be entered into by the City as contemplated by the Tax Code; and WHEREAS, the City has adopted a resolution stating that it elects to be eligible to participate in tax abatement; and WHEREAS, in order to maintain and enhance the commercial and industrial economic and employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax Code; and WHEREAS, Owner'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), the contemplated improvements to the Premises thereto in the amount set forth in this Agreement, and the other terms hereof are consistent with encouraging development of the Zone in accordance with the purposes for its creation and/or in compliance with the Tax Abatement Guidelines, the Ordinance adopted by the City, the Tax Code and all other applicable laws; and WHEREAS, the City Council finds that the improvements sought are feasible and practicable and would be of benefit to the Premises (hereinafter defined) to be included in the Zone and to the City after expiration of this Agreement; and WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the Premises is located; and TAX ABATEMENT AGREEMENT - Page 1 37289 WHEREAS, the City desires to enter into an agreement with Owner, the proposed owner of the Premises within the Tax Abatement Reinvestment Zone for the abatement of taxes pursuant to Chapter 312 of the Tax Code as amended; NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for good and other valuable consideration, the adequacy and receipt of which is hereby acknowledged, including the expansion of primary employment, the attraction of major investment in the Zone, which contributes to the economic development of Coppell and the enhancement of the tax base in the City, the parties agree as follows: GENERAL PROVISIONS 1. Owner is the owner of the real property described in Exhibit "A" attached hereto and made a part hereof for all purposes (the "Land" bereinafter defined), which real property is located within the city limits of the City and within the Zone. 2. The Premises are not in an improvement project financed by tax increment bonds. 3. This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. 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 goveming body of any taxing units joining in or adopting this Agreement. TAX ABATEMENT AUTHORIZED 5. This Agreement is authorized by the Tax Code and in accordance with the City Tax Abatement Guidelines and Criteria, and approved by resolution of the City Council of the City authorizing the execution of this Agreement. 6. Subject to the terms and conditions of this Agreement, and provided the Taxable Value for the Improvements is at least Five Million Five Hundred Thousand Dollars ($5,500,000) as of January 1 of the First Year of Abatement and as of January 1 of each year thereafter this Agreement is in effect, the City hereby grants Owner an abatement of seventy-five percent (75%) of the Taxable Value of the Improvements for a period of five (5) consecutive years. 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 for the Land, the year in which this Agreement is executed (base year/2000). 7. The period of tax abatement herein authorized shall be for a period of five (5) years. TAX ABATEMENT AGREEMENT - Page 2 37289 8. During the period of tax abatement herein authorized, Owner shall be subject to all City taxation not abated, including but not limited to, sales tax and ad valorem marion on land, inventory and supplies. DEFINITIONS 9. Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: A. The "Base Year Taxable Value" shall mean the total assessed taxable value for the Premises for the year in which the Tax Abatement Agreement is executed (2000). B. An "Event of Bankruptcy or Insolvency" shall mean the dissolution or termination of Owner's existence as a going business, insolvency, appointment of receiver for any part of Owner'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 Owner and such proceeding is not dismissed within ninety (90) days after the filing thereof. C. The "First Year of Abatement" shall mean January 1 of the calendar year immediately following the issuance of a certificate of occupancy for the Improvements. D. "Force Majeure" shall mean any contingency or cause beyond the reasonable control of Owner including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, adverse weather, govemment or de facto governmental action (unless caused by acts or omissions of Owner), rites, explosions or floods, strikes, slowdowns or work stoppages. E. The "Improvements" shall mean the contemplated improvements to be constructed on the Premises and as further described herein. F. The "Land" shall mean the real property described in Exhibit "A" attached hereto and incorporated herein for all purposes. G. The "Premises" shall mean the Land described in Exhibit "A" including the Improvements but excluding Tangible Personal Property which is added thereto subsequent to the execution of this Agreement; H. "Taxable Value" means the appraised value as certified by the Appraisal District as of January 1 of a given year. I. "Tangible Personal Property" shall mean tangible personal property, equipment and fixtures other than inventory or supplies added to the Premises subsequent to the execution of this Agreement. TAX ABATEMENT AGREEMENT - Page 3 37289 IMPROVEMENTS 10. Owner owns the real property described in Exhibit "A" and agrees to construct or cause to be constructed thereon office/warehouse facility known as Freeport VI, containing 228,000 square feet (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) (the "Improvements"). The cost of the Improvements excluding the land shall be at least Five Million Five Hundred Thousand Dollars ($5,500,000). Nothing in this Agreement shall obligate Owner to construct the Improvements on the Premises, but said action is a condition precedent to tax abatement pursuant to this Agreement. CONSTRUCTION OF IMPROVEMENTS 11. As a condition precedent to the initiation of tax abatement pursuant to this Agreement, Owner will diligently and faithfully, in good and workmanlike manner, and pursue the completion of the contemplated Improvements on or before December 31, 2001, 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); provided, that Owner shall have such additional time to complete and maintain the Improvements as may be required in the event of "Force Majeure," if Owner is diligently and faithfully pursuing completion of the Improvements. 12. Owner agrees to maintain the Improvements during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations. Owner agrees that the Improvements shall be used only as an office/warehouse facility for a period of five (5) years commencing on the date a certificate of occupancy is issued for the Improvements. 13. The City, its agents and employees shall have the right of access to the Premises during construction to inspect the Improvements at reasonable times and with reasonable notice to Owner, and in accordance with Owner's visitor access and security policies, 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). GENERAL REQUIREMENTS 14. Construction plans for the Improvements constructed on the Premises will be filed with the City, which shall be deemed to be incorporated by reference herein and made a part hereof for all purposes. 15. After completion of the Improvements, Owner shall certify in writing to the City the construction cost of the Improvements. Owner shall also annually certify to the City that it is in compliance with each term of the Agreement. 16. The Premises and the Improvements constructed thereon at all times shall be used in the manner (i) that is consistent with the City' s Comprehensive Zoning Ordinance, as amended, and TAX ABATEMENT AGREEMENT - Page 4 37289 (ii) that, during the period taxes are abated hereunder, is consistent with the general purposes of encouraging development or redevelopment within the Zone. 17. Owner agrees to provide to the tenants of the Premises, the benefit of the abatement of real property taxes granted herein. Owner shall, upon written request, provide the City with satisfactory evidence that the benefits of this Agreement have been provided to the tenants of the Premises. DEFAULT: RECAPTURE OF TAX REVENUE 18. In the event Owner: (i) falls to complete the Improvements in accordance with this Agreement or in accordance with applicable State or local laws, codes or regulations; (ii) has delinquent ad valorem or State sales taxes owed to the City with respect to the Premises (provided Owner retains its right to timely and properly protest such taxes or assessment); (iii) has any "Event of Bankruptcy or Insolvency"; or (iv) breaches any of the terms and conditions of this 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, Owner shall, within thirty (30) days after demand, pay to the City all taxes which otherwise would have been paid to the City without benefit of a tax abatement with interest'at the statutory rate for delinquent taxes as determined by Section 33.01 of, the Tax Code as amended but without penalty. The parties acknowledge that actual damages in the event of default termination would be speculative and difficult to determine. The parties further agree that any abated tax, including interest as a result of this Agreement, shall be recoverable against Owner, its successors and assigns and shall constitute a tax lien on the Premises and shall become due, owing and shall be paid to the City within thirty (30) days after termination. 19. Upon breach by Owner of any obligations under this Agreement, the City shall notify Owner in writing. Owner shall have thirty (30) days from receipt of the notice in which to cure any such default. If the default cannot reasonably be cured within a thirty (30) day period, and 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 violation must be cured. 20. If Owner fails to cure the default within the time provided as specified above or, as such time period may be extended, then the City at its sole option shall have the right to terminate this Agreement by written notice to Owner. 21. 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 sixty (60) days after a notice of termination is made. 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 with respect to the Improvements as determined by the Appraisal District, multiplied by the tax rate of the years in question, as calculated by the City TAX ABATEMENT AGREEMENT - Page 5 37289 Tax Assessor-Collector. The liquidated damages shall incur penalties as provided for delinquent taxes and shall commence to accrue after expiration of the sixty (60) day payment period. ANNUAL APPLICATION FOR TAX EXEMPTION; RENDITION 22. It shall be the responsibility of Owner, pursuant to the Tax Code, to file an annual exemption application form with the Chief Appraiser for each Appraisal District in which the eligible taxable property has sims. A copy of the exemption application shall be submitted to the City. SUCCESSORS AND ASSIGNS 23. This Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and assigns. This Agreement may be assigned to any successor, owner of the Improvements following the completion thereof or, prior to such completion, with the consent of the City Manager. After any permitted assignment, all references to Owner herein shall thereafter be a reference to Owner's successor with respect to any obligations or liabilities occurring or arising after the date of such assignment. NOTICE 24. 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 ovemight delivery: If intended for Owner, to: Attn: JeffTurner Duke-Weeks Realty Corporation 5495 Beltline Road, Suite 360 Dallas, Texas 75240 If intended for City, to: Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 With copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 TAX ABATEMENT AGREEMENT - Page 6 37289 CITY COUNCIL AUTHORIZATION 25. This Agreement was authorized by resolution of the City Council approved by its Council meeting authorizing the Mayor to execute this Agreement on behalf of the City. SEVERABILITY 26. In the event any section, subsection, paragraph, sentence, phrase or word heroin 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. APPLICABLE LAW 27. This Agreement shall be construed under the laws of the State of Texas. Venue for any action under this Agreement shall be the State District Court of Dallas County, Texas. This Agreement is performable in Dallas County, Texas. COUNTERPARTS 29. 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. ENTIRE AGREEMENT 29. 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. CONVENANTS RUNNING WITH THE PREMISES 30. The provisions of this Agreement are hereby declared covenants running with the Premises and are fully binding on all successors, heirs, and assigns of Owner who acquire any right, title, or interest in or to the Premises, or any part thereof. Any person who acquires any right, title, or interest in or to the Premises, or any part hereof, thereby agrees and covenants to abide by and fully perform the provisions of this Agreement with respect to the right, title or interest in such Premises. RECORDATION OF AGREEMENT 31. A certified copy of this Agreement shall be recorded in the Deed Records of Dallas County, Texas. TAX ABATEMENT AGREEMENT - Page 7 37289 INCORPORATION OF RECITALS 32. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. EXIHBITS 33. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. EXECUTED in duplicate originals this the __ day of ,2000. CITY OF COPPELL, TEXAS By: CANDY SHEEHAN, MAYOR ATTEST: By: LIBBY BALL, CITY SECRETLY AGREED AS TO FORM: By: PETER G. SM1TH, CITY ATTORNEY EXECUTED in duplicate originals this the 2.t~~''' day of~,X~, ~. , 2000. DUKE-WEEKS REALTY CORPORATION B Yi~ C~t N ,,ep1. T' WlP TAX ABATEMENT AGREEMENT - Page 8 37289 CITY'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the __ day of , 2000, by Candy Sheehan, Mayor of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. My Commission Expires: Notary Public, State of Texas TAX ABATEMENT AGREEMENT - Page 9 37289 OWNER'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the 22'X~''' day of X~e,~-, , 2000, by .'7~.e.-\--v ..... ~ being the~,~ ~.~. of Duke-Weeks Re~ty Coloration, on behalf of s~d coloration, in its capacity as general pronet of Duke- Weeks Realty Limited P~nership, on behalf of s~d li~ted pmnership. My Commission Expires: ~.~ ct%~c,~ ,....k~- - 'L~lGotary Public, State of Texas TAX ABATEMENT AGREEMENT - Page 10 37289 C:\TEMP\FREEPORT6.DWG Nov 27, 2000 17:34:00 PSBROWN 25 50 Ioo GRAPHIC SCALE IN FEET S/7'E VICIN/TY MAP DESCRIPTION OF PROPERTY SURV~:YED SURVEYOR'S CERTIFICATION E~TBIT "A" ,~ -k 4t · ~ e ~ ~~ CITY COUNCIL MEETING: December 12, 2000 ITEM ITEM CAPTION: PUBLIC HEARING: Consider approval of the designation of a reinvestment zone pursuant to Section 312.201 of the Property Redevelopment and Tax Abatement Act. The property to be considered for Reinvestment Zone designation is that property owned by Duke-Weeks Realty Limited Partnership, described as Freeport North Addition, Block A, Lot 1 (9.545 acres) and located south of Creekview Drive on the west side of Royal Lane, Coppell, Texas. SUBMITTED BY: Gary Sieb TITLE: Director of Planning STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS: AMT. EST. $ ~. ~,~: Agenda Request Form - Revised 5/00 FIN. REVIEW: +\-BID $ CITY MANAGER REVIEW: Document Name: $PH2Duke.doc NOTICE OF PUBLIC HEARING OF DESIGNATION OF REINVESTMENT ZONE A PUBLIC HEARING will be conducted by the City Council of the City of Coppell, Texas, in the Library Meeting Room, William T. Cozby Library, 177 N. Heartz Road, Coppell, Texas on the 12th day of December, 2000, at 7:00 P.M., to consider designation of the property described as Lot 1, Block A, Freeport North Addition (9.545 acres), located south of Creekview Drive on the west side of Royal Lane, Coppell, Texas, Duke-Weeks Realty Corporation, as a Reinvestment Zone under Chapter 312 of the Texas Property Tax Code. The Council will seek to determine whether the improvements sought to be made in the zone are feasible and practical and will be a benefit to the land included in the zone and to the City after the expiration of a tax abatement agreement to be entered into pursuant to Section 312.204 of the Texas Property Tax Code. At the hearing, interested persons are entitled to speak and present evidence for or against the designation. Citizens Advocate December 1, 2000 '~ f~' ~ ~ CITYs ~ COUNCIL MEETING: December 12, 2000 ITEM ITEM CAPTION: Consider approval of an Ordinance designating the Duke-Weeks Realty Limited Parmership Reinvestment Zone No. 3 1, and authorizing the Mayor to sign. SUBMITrED BY: Gary Sieb TITLE: Director of Planning STAFF COMMENTS: BUDGET A1VIT. $ FINANCIAL COMMENTS: AMT. EST. $ +\-BID $ CITY MANAGER REVIE Document Name: $Duke31.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DESIGNATING REINVESTMENT ZONE NO. :51 (DUKE-WEEKS REALTY LIMITED PARTNERSHIP-FREEPORT V); PROVIDING ELIGIBILITY OF THE ZONE FOR COMMERCIAL-INDUSTRIAL TAX ABATEMENT; CONTAINING FINDINGS THAT TI:I'F~ AREA QUALIFIES TO BE DESIGNATED AS A REINVESTMENT ZONE AND THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICABLE AND OF BENEFIT TO THE LAND AND THF~ CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WYIE~REAS, the City Council of the City of Coppell, Texas, has caused notice to be published in a newspaper having general circulation in the City and has delivered such notice to the presiding officer of the governing body of each taxing unit that includes in its boundaries real property described herein; and WHE~REAS, the City Council of the City of Coppell, Texas, has conducted a public hearing on the designation of the area described herein as a reinvestment zone; NOW, THEREFORE, BE IT ORDAINED BY THF~ CITY COUNCIL OF THE CITY OF COPPELL, DALLAS COUNTY, TEXAS THAT: SECTION 1: That the City Council of the City of Coppell, Texas finds that the area described herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the retention or expansion of primary employment, or to attract major investment in the zone that will be of benefit to the property and contribute to the economic development of the City. The City Council further finds that the improvements sought are feasible and practicable and would be of benefit to the land to be included in the zone and to the City after the expiration of a tax abatement agreement. SECTION 2. That pursuant to the provisions of Section 312.201 of the Texas Tax Code, the property described in Exhibit "A" attached hereto and made a part hereof for all purposes is hereby designated as a reinvestment zone and for identification is assigned the name "Reinvestment Zone No. 3 1 ." 1 37292 SECTION 3. That the property within Reinvestment Zone No. 31 is eligible for commercial-industrial tax abatement effective on January 1, 2001. SECTION 4. If any article, paragraph or subdivision, clause or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 5. That all provisions of ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shah remain in full force and effect. SECTION 6. This ordinance shall take effect immediately from and al~er its passage, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppert, Texas, on the __ day of ,2000. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: (PGS/ttl 11/28;f/o~E~C?P~~I~~~: ATTORNEY LIBBY BALL, CITY SECRETARY 2 37292 CITY COUNCIL MEETING: December 12, 2000 ITEM ITEM CAPTION: Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Duke-Weeks Realty Limited Parmership, and authorizing the Mayor to sign. SUBMITTED BY: Gary Sieb TITLE: Director of Planning STAFF COMMENTS: City Council is scheduled to conduct a public hearing regarding the designation of the reinvestment zone on December 12, 2000. BUDGET AMT. $ FINANCIAL COMMENTS: AMT. EST. $ +X-BID $ Agenda Request Form - Revised 5/00 FIN. REVIEW: CITY MANAGER REVIEW: Document Name: $DukeR31.doc 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 DUKE-WEEKS REALTY LIMITED PARTNERSHIP (FREEPORT V); 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 among the City of Coppell, Texas and Duke-Weeks Realty Limited Parmership (Freeport V), a copy of which is attached hereto and incorporated herein by reference; and W!tEREAS, 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 City Council finds that the improvements proposed to be built upon the Premises described in the Agreement will enhance the economic vitality of the community through a combination of new capital investment, increased sales tax revenues, and the creation of additional job opportunities. SECTION 3. The tax abatement to be granted by the Agreement will not include inventory, and supplies. SECTION 4. The improvements proposed for the Premises will accomplish the tax abatement guidelines of the City of Coppell, Texas. 37295 SECTION 5. The City Manager delivered to the presiding officer of the governing body of each taxing unit in which the property subject to the Agreement is located, a written notice that the City of Coppell, Texas, intends to enter into the Agreement. The notice given by the City Manager included a copy of the Agreement approved by this Resolution. SECTION 6. This Resolution and the Tax Abatement Agreement are hereby approved by the affirmative vote of the majority of the members of the City Council of the City of Coppell, Texas, at a regularly scheduled meeting of the City Council. SECTION 7. This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the day of ,2000. CITY OF COPPELL, TEXAS CANDY SHEEHAN, MAYOR ATTEST: OGAP~~~T/2Ei~Do0TyRO S T ORM:ATTORNEy LIBBY BALL, CITY SECRETARY 2 37295 STATE OF TEXAS § COUNTY OF DALLAS § TAX ABATEMENT AGREEMENT This Tax Abatement Agreement (the "Agreement") is entered into by and between the City of Coppell, Texas (the "City"), duly acting herein by and through its Mayor, and Duke-Weeks Realty Limited Partnership ("Owner"), acting by and through its authorized officer. WITNESSETH: WHEREAS, the City Council of the City of Coppell, Texas, (the "City"), passed an Ordinance (the "Ordinance") establishing Tax Abatement Reinvestment Zone No. 3 1 (the "Zone"), .... nt, and Tax WHEREAS, the City has adopted guidelines for tax abatement (the "Tax Abatement Guidelines"); and WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria goveming 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' 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), the contemplated improvements to the Premises thereto in the amount set forth in this Agreement, and the other terms hereof are consistent with encouraging development of the Zone in accordance with the purposes for its creation and/or in compliance with the Tax Abatement Guidelines, the Ordinance adopted by the City, the Tax Code and all other applicable laws; and WHEREAS, the City Council finds that the improvements sought are feasible and practicable and would be of benefit to the Premises (hereinafter defined) to be included in the Zone and to the City after expiration of this Agreement; and WHEREAS, a copy of this Agreement has been fumished, in the manner prescribed by the Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the Premises is located; and TAX ABATEMENT AGREEMENT - Page 1 37287 WHEREAS, the City desires to enter into an agreement with Owner, the proposed owner of the Premises within the Tax Abatement Reinvestment Zone for the abatement of taxes pursuant to Chapter 312 of the Tax Code as amended; NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for good and other valuable consideration, the adequacy and receipt of which is hereby acknowledged, including the expansion of primary employment, the attraction of major investment in the Zone, which contributes to the economic development of Coppell and the enhancement of the tax base in the City, the parties agree as follows: GENERAL PROVISIONS 1. Owner is the owner of the real property described in Exhibit "A" attached hereto and made a part hereof for all purposes (the "Land" hereinafter defined), which real property is located within the city limits of the City and within the Zone. 2. The Premises are not in an improvement project financed by tax increment bonds. 3. This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. 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 goveming body of any taxing units joining in or adopting this Agreement. TAX ABATEMENT AUTHORIZED 5. This Agreement is authorized by the Tax Code and in accordance with the City Tax Abatement Guidelines and Criteria, and approved by resolution of the City Council of the City authorizing the execution of this Agreement. 6. Subject to the terms and conditions of this Agreement, and provided the Taxable Value for the Improvements is at least Five Million Five Hundred Thousand Dollars ($5,500,000) as of January 1 of the First Year of Abatement and as of January 1 of each year thereafter this Agreement is in effect, the City hereby grants Owner an abatement of seventy-five percent (75%) of the Taxable Value of the Improvements for a period of five (5) consecutive years. 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 for the Land, the year in which this Agreement is executed (base year/2000). 7. The period of tax abatement herein authorized shall be for a period of five (5) years. TAX ABATEMENT AGREEMENT - Page 2 37287 8. During the period of tax abatement herein authorized, Owner shall be subject to all City taxation not abated, including but not limited to, sales tax and ad valorem taxation on land, inventory and supplies. DEHNITIONS 9. Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: A. The "Base Year Taxable Value" shall mean the total assessed taxable value for the Premises for the year in which the Tax Abatement Agreement is executed (2000). B. An "Event of Bankruptcy or Insolvency" shall mean the dissolution or termination of Owner's existence as a going business, insolvency, appointment of receiver for any part of Owner' 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 Owner and such proceeding is not dismissed within ninety (90) days after the filing thereof. C. The "First Year of Abatement" shall mean January 1 of the calendar year immediately following the issuance of a certificate of occupancy for the Improvements. D. "Force Majeure" shall mean any contingency or cause beyond the reasonable control of Owner 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 Owner), fires, explosions or floods, strikes, slowdowns or work stoppages. E. The "Improvements" shall mean the contemplated improvements to be constructed on the Premises and as further described herein. F. The "Land" shall mean the real property described in Exhibit "A" attached hereto and incorporated herein for all purposes. G. The "Premises" shall mean the Land described in Exhibit "A" including the Improvements but excluding Tangible Personal Property which is added thereto subsequent to the execution of this Agreement; H. '~I'axable Value" means the appraised value as certified by the Appraisal District as of January 1 of a given year. I. "Tangible Personal Property" shall mean tangible personal property, equipment and fixtures other than inventory or supplies added to the Premises subsequent to the execution of this Agreement. TAX ABATEMENT AGREEMENT - Page 3 37287 IMPROVEMENTS 10. Owner owns the real property described in Exhibit "A" and agrees to construct or cause to be constructed thereon office/warehouse facility known as Freeport V, containing 115,000 square feet (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) (the "Improvements"). The cost of the Improvements excluding the land shall be at least Five Million Five Hundred Thousand Dollars ($5,500,000). Nothing in this Agreement shall obligate Owner to construct the Improvements on the Premises, but said action is a condition precedent to tax abatement pursuant to this Agreement. CONSTRUCTION OF IMPROVEMENTS 11. As a condition precedent to the initiation of tax abatement pursuant to this Agreement, Owner will diligently and faithfully, in good and workmanlike manner, and pursue the completion of the contemplated Improvements on or before December 31, 2001, 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); provided, that Owner shall have such additional time to complete and maintain the Improvements as may be required in the event of "Force Majeure," if Owner is diligently and faithfully pursuing completion of the Improvements. 12. Owner agrees to maintain the Improvements during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations. Owner agrees that the Improvements shall be used only as an office/warehouse facility for a period of five (5) years commencing on the date a certificate of occupancy is issued for the Improvements. 13. The City, its agents and employees shall have the right of access to the Premises during construction to inspect the Improvements at reasonable times and with reasonable notice to Owner, and in accordance with Owner's visitor access and security policies, 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). GENERAL REQUIREMENTS 14. Construction plans for the Improvements constructed on the Premises will be filed with the City, which shall be deemed to be incorporated by reference herein and made a part hereof for all purposes. 15. After completion of the Improvements, Owner shall certify in writing to the City the construction cost of the Improvements. Owner shall also annually certify to the City that it is in compliance with each term of the Agreement. 16. The Premises and the Improvements constructed thereon at all times shall be used in the manner (i) that is consistent with the City' s Comprehensive Zoning Ordinance, as amended, and TAX ABATEMENT AGREEMENT - Page 4 37287 (ii) that, during the period taxes are abated hereunder, is consistent with the general purposes of encouraging development or redevelopment within the Zone. 17. Owner agrees to provide to the tenants of the Premises, the benefit of the abatement of real property taxes granted herein. Owner shall, upon written request, provide the City with satisfactory evidence that the benefits of this Agreement have been provided to the tenants of the Premises. DEFAULT: RECAPTURE OF TAX REVENUE 18. In the event Owner: (i) falls to complete the Improvements in accordance with this Agreement or in accordance with applicable State or local laws, codes or regulations; (ii) has delinquent ad valorem or State sales taxes owed to the City with respect to the Premises (provided Owner retains its right to timely and prope~y protest such taxes or assessment); (iii) has any "Event of Bankruptcy or Insolvency"; or (iv) breaches any of the terms and conditions of this 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, Owner shall, within thirty (30) days after demand, pay to the City all taxes which otherwise would have been paid to the City without benefit of a tax abatement with interest at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code as amended but without penalty. The parties acknowledge that actual damages in the event of default termination would be speculative and difficult to determine. The parties further agree that any abated tax, 'including interest as a result of this Agreement, shall be recoverable against Owner, its successors and assigns and shall constitute a tax lien on the Premises and shall become due, owing and shall be paid to the City within thirty (30) days after termination. 19. Upon breach by Owner of any obligations under this Agreement, the City shall notify Owner in writing. Owner shall have thirty (30) days from receipt of the notice in which to cure any such default. If the default cannot reasonably be cured within a thirty (30) day period, and 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 violation must be cured. 20. If Owner fails to cure the default within the time provided as specified above or, as such time period may be extended, then the City at its sole option shall have the right to terminate this Agreement by written notice to Owner. 21. 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 sixty (60) days after a notice of termination is made. 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 with respect to the Improvements as determined by the Appraisal District, multiplied by the tax rate of the years in question, as calculated by the City TAX ABATEMENT AGREEMENT - Page 5 37287 Tax Assessor-Collector. The liquidated damages shall incur penalties as provided for delinquent taxes and shall commence to accrue after expiration of the sixty (60) day payment period. ANNUAL APPLICATION FOR TAX EXEMPTION; RENDITION 22. It shall be the responsibility of Owner, pursuant to the Tax Code, to file an annual exemption application form with the Chief Appraiser for each Appraisal District in which the eligible taxable property has situs. A copy of the exemption application shall be submitted to the City. SUCCESSORS AND ASSIGNS 23. This Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and assigns. This Agreement may be assigned to any successor, owner of the Improvements following the completion thereof or, prior to such completion, with the consent of the City Manager. After any permitted assignment, all references to Owner herein shall thereafter be a reference to Owner's successor with respect to any obligations or liabilities occurring or arising after the date of such assignment. NOTICE 24. 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 ovemight delivery: If intended for Owner, to: Attn: Jeff Turner Duke-Weeks Realty Corporation 5495 Beltline Road, Suite 360 Dallas, Texas 75240 If intended for City, to: Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 With copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 TAX ABATEMENT AGREEMENT - Page 6 37287 CITY COUNCIL AUTHORIZATION 25. This Agreement was authorized by resolution of the City Council approved by its Council meeting authorizing the Mayor to execute this Agreement on behalf of the City. SEVERABILITY 26. 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. APPLICABLE LAW 27. This Agreement shall be construed under the laws of the State of Texas. Venue for any action under this Agreement shall be the State District Court of Dallas County, Texas. This Agreement is performable in Dallas County, Texas. COUNTERPARTS 29. 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. ENTIRE AGREEMENT 29. 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. CONVENANTS RUNNING WITH THE PREMISES 30. The provisions of this Agreement are hereby declared covenants running with the Premises and are fully binding on all successors, heirs, and assigns of Owner who acquire any right, title, or interest in or to the Premises, or any part thereof. Any person who acquires any fight, title, or interest in or to the Premises, or any part hereof, thereby agrees and covenants to abide by and fully perform the provisions of this Agreement with respect to the right, title or interest in such Premises. RECORDATION OF AGREEMENT 31. A certified copy of this Agreement shall be recorded in the Deed Records of Dallas County, Texas. TAX ABATEMENT AGREEMENT - Page 7 37287 INCORPORATION OF RECITALS 32. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. EXHIBITS 33. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. EXECUTED in duplicate originals this the __day of ,2000. CITY OF COPPELL, TEXAS By: CANDY SHEEHAN, MAYOR ATTEST: By: LIBBY BALL, C1TY SECRETARY AGREED AS TO FORM: By: PETER G. SMITH, CITY ATTORNEY EXECUTED in duplicate originals this the ~ day of~--,. · -,-, 2000. DUKE-WEEKS REALTY CORPORATION TAX ABATEMENT AGREEMENT - Page 8 37287 CITY'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the __ day of , 2000, by Candy Sheehan, Mayor of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. My Commission Expires: Notary Public, State of Texas TAX ABATEMENT AGREEMENT - Page 9 37287 OWNER'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the 9 ~"' day of~-,~xs~-x~c- , 2000, by .'v~e-~e-~ ,~'x'---,-,.--t. being the ~.-,-;,~.,, ,4 .~, of Duke-Weeks Realty Corporation, on behalf of said corporation in its capacity as general partner of Duke- Weeks Limited Partnership, on behalf of said limited partnership. z'i,.Y'~ ;~MY MCCANDL~'~ ~':' NOTAllY PUBLIC :~ ;:' ?:' : State of Texas ~ ~'~,~; _ ('t'~"'~,,Cf-~-~'- ~ My Commission Expires: TAX ABATEMENT AGREEMENT - Page 10 37287 CITY COUNCIL MEETING: December 12, 2000 ITEM ITEM CAPTION: Consider approval of appointing Christopher Reed as an Alternate to the Library Board to fill the unexpired term of Deborah Cart. Term to expire October 2001. SUBMITTED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: BUDGET AMT. $ FINANCIAL COMMENTS: DIR. INITIALS: Agenda Request Form - Revised 5/00 AMT. EST, $ FIN. REVIEW: +\-BLD $ CITY MANAGER REVIEW:~ Document Name: %Library Appt AGENDA REQUEST FOPd CITY COUNCIL MEETING: December 12, 2000 ITEM # ~EMCAPTION: Consider appointments to Council Committees for Coundlmember Raines. SUBMITtED BY: Libby Ball TITLE: City Secretary STAFF COMMENTS: Attached is a copy of the current Council Committee list. BUDGET AMT. $ FINANCIAL COMMENTS: DIR. INITIALS; A~enda Request Form- Revised 5/00 AMT EST $ +X-BID $ CITY MANAGER REVIEW: DocumentName: coUn~COmm.dOc COUNCIL'S COMMITTEES CARROLLTON/FARMERS BRANCH Council: Pat ~ CITY/COPPELL ISD LIAISONS Council: Bill York Council: Doug Stover CISD: Kathie Gautille CISD: Dianne Miller COPPELL CELEBRATES/PIGFEST Council: Greg Garcia ISD/LEWISVILLE ISD Appointed: Appointed: Appointed: Appointed: Appo~ Appointed: COPPELL RECREATION DEVELOPMENT CORPORATION Council: Jayne Peters Council: Greg Garda COPPELL SENIORS Council: Bill York D/FW NOISE FORUM Council: Jayne Peters Council: Larry Wheele~ DALLAS CENTRAL APPRAISAL ADVISORY BOARD Council: Marsha Tunnell D/FW FILM COMMISSION Coundl: Marsha Tunnell Appointed: Appointed: Appoin~-~k Appointed: Appointed: Appointed: Appointed: 06113100 06113100 06113100 05/99 05/99 06113100 06113/00 06113100 06113100 06/13/00 06/13/00 06113100 06113100 ECONOMIC DEVELOPMENT PARTNERSHIP Coundl: Doug Stover Marsha Tunnell METROCREST HOSPITAL AUTHORITY Council: Pat Keenan REV.: 06/22100 Appointed:. 06/13/00 Appointed: 06/13/00 Appointed: 06/13/00 NCTCOG (NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS) (Appointed by City Coundl - annual basis) Council: Candy Sheehan -Voting Rep. NORTH TEXAS COMMISSION Council: Candy Sheehan SENIOR ADULT SERVICES Cotmcil: Jayne Peters TOWN CENTER/ARCHITECTURAL COMMITTEE Staffi Greg Jones, Chief Building Oftidal TRINITY RIVER COMMON VISION COMMISSION Council: Jayne Peters TRINITY TRAIL ADVISORY COMMTFTEE Council: Jayne Peters Staff. Gary Sims, Director of Leisure Services 2012 OLYMPIC COMMYITEE Council: Greg Garcia Appointed: 06/13/00 Appointed: 06113100 Appointe~ 06113100 Appointed: 06/13/00 Appointed: 06/13/00 Appointed: 06113100 Appointed: 06113100 u:\users\lball\election\stdycomm ITEM CAPTION: Consider selection of a tennis court location and authorizing Staff to proceed with design and engineering in an amount not to exceed $25,000.00; and authorizing the City Manager to sign any necessary contracts. SUBMYrTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: BUDGET AMT. $ AMT. EST. $ +X-BID $ FINANCIAL COMMENTS: The Funds for the design and engineering of the tennis center are available fro ' Park CIP Funds. / DIg. INITIALS: FIN. REVIEW: L~ VIE AGENDA REQUEST FOR]VI CITY COUNCIL MEETING: December 12, 2000 ITEM # 37 CITY MANAGER'S REPORT A. Scoreboards. CITY MANAGER'S REVIEW: COUNCIL MEETING: December 12, 2000 ITEM MAYOR AND COUNCIL REPORTS B. C. D. Report by Mayor Sheehan regarding Christmas Parade. Report by Mayor Sheehan regarding Metroplex Mayors. Report by Mayor Sheehan regarding Dallas Regional Mobility Coalition. Report by Mayor Sheehan regarding Public Awareness and Public Input at Robin Hood meetings. Report by Councilmember York regarding National League of Cities. Report by Councilmember York regarding High School Athletics. Report by Councilmember York regarding the Holiday Season. CITY MANAGER'S REVIE /l/