Hager Container-AG 930810CONSEWI' AGENDA
CITY COUNCIL MEIz-flNG
AGENDA REQUEST
ITEM NUMBER
ITEM CAPTION;
Consideration and approval of an ordinance providing for the abandonment of a fire lane easement, located in
the Hager Containers Addition, located approximately 992 feet south of Thwent Road along the east side of
Royal Lane, at the request of Southwestern Bell Telephone Mobile Systems.
SUBMYVrED BY:~
t- 0~or's
STAFF REP.: Gary I. Rioh
Director of l,~a.~_. & Comm. Servi:~
DATE:
EVALUATION OF ITEM:
This request is me~ely a house keeping issue. A request was made by Southwestern Bell Telephone Mobile
Systems to abandon the fire lane easement on the final executed plat for the purpose of placing a transmission
tower on the site. Although the S.U.P. to operate the tower has been aplwoved, along with the request to
abandon the fire lane easement, an official ordinance had not been adopted.
Approval of the adoption of this ordinance will allow the Dallas County records to reflect this change..
BUDGET AMT.
AMT. +P BUllET
COMMENTS:
LEGAL REVil~W BY:
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AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE ABANDONMENT
OF THE FIRE EASEMENT LOCATED IN THE HAGER
CONTAINERS ADDITION (VOLUME 88206, PAGE 3786,
DALLAS COUNTY DEED RECORDS) IN THE CITY OF
COPPELL AND COUNTY OF DALLAS, TEXAS; PROVIDING
FOR THE PAYMENT OF THE PUBLICATION FEE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, acting pursuant to law and upon
the request and petition of Hager Containers, Inc. deems it advisable to abandon the fire lane
easement described in exhibit A. And
WHEREAS, the City Council of the City of Coppell is of the opinion that the best
interest and welfare of the public will be served by abandoning the same; Now,
Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL:
SECTION 1.
That the fire lane easement described in Exhibit A, which is attached hereto and made
a part hereof, be and the same are abandoned, vacated and closed insofar as the right, title and
interest of the public are concerned; subject, however, to the conditions hereinafter more fully
set out.
SECTION 2.
That the abandonment provided for herein is made subject to all present zoning
restrictions.
SECTION 3.
That the terms and conditions contained in this ordinance shall be binding upon Hager
Containers, Inc., their successors and assigns.
SECTION 4.
That the abandonment provided for herein shall extend only to the public right, title,
easement and interest, and shall be constructed to extend only to that interest the Governing
Body of the City of Coppell may legally and lawfully abandon and vacate.
SECTION 5.
That as a condition of this abandonment GRANTEE herein, their successors and assigns,
agree to indemnify, defend, release and hold the City of Coppell whole and harmless against any
and all claims for damages, costs or expenses to persons or property that may arise out of, or
be occasioned by or from the abandonment, closing, vacation, by the City of Coppell of the
areas set out in Exhibit A. Hager Containers, Inc. hereby agrees to defend any and all suits,
claims, causes of action brought against the City on account of same, and discharge any
judgment or judgments that may be rendered against the City of Coppell in connection therewith.
SECTION 6.
That the City Secretary is hereby authorized and directed to certify a copy of this
ordinance for recordation in the Deed Records of Dallas County, Texas, which certified copy
shall be delivered to the City Manager, or his designee. The City Manager, or his designee
shall deliver to Hager Containers, Inc. a certified copy of this ordinance.
SECTION 7.
That this ordinance shall take effect immediately from and after its passage and
publication in accordance with the provisions of the Charter of the City of Coppell, and it is
accordingly so ordained.
of
DULY PASSED by the City Council of the City of Coppell, Texas, this the
, 1993,
APPROVED:
day
MAYOR
A'I'FEST:
APPROVED AS TO FORM:
CITY SECRETARY
CITY ATTORNEY
EXHIBIT "A"
Page 1 of 2
The fire lane easement is highlighted by cross hatched marks on the copy of the recorded final
plat of the Hager Containers Addition (attached as page 2 of 2 of this Exhibit "A".)
SANDY AKE ~ ROAO ~
to speak for or against th_is designation. There being no citizens_who wished tO speak at th~s
time, Mayor Wolfe dec .~d that the Public Heating would be ! 1 open until Tuly 23, 1991.
Councilman Morton moved to hold open the Public Hearing on the designation of the Rediform
Tax Abatement Area as a Reinvestment Zone pursuant to Section 312.201 of the Property
Redevelopment and Tax Abatement Act until July 23, 1991. Councilman Cowman seconded the
motion. The motion carried 6-0 with Councilmen Weaver, Thomas, Morton, Cowman,
Robertson and Nelson voting in favor of the motion.
Item 12
Consideration of an Ordinance designating the Rediform Tax Abatement Area as
a Reinvestment Zone pursuant to Section 312.201 of the Property Redevelopment
and Tax Abatement Act, said area being that property owned by the
Prentiss/Copley Investment Group and to be under lease to Rediform, a division
of Moore Business Forms, Inc., and described as Lot 1, Block 8, of park West
Commerce Center, an addition to the City of Coppell.
Councilman Morton moved to table this item to the July 23, 1991 meeting. Councilman
Cowman seconded the motion. The motion carried 6-0 with Councilmen Weaver, Thomas,
Morton, Cowman, Robertsou and Nelson voting in favor of the motion.
Item 13
PUBLIC HEARING: Consideration and approval of a zoning change request,
Case #S-1053, from (LI) Light Industrial, to (LI-SUP) Light Industrial Special
Use Permit, for the installation of a 64' monopele telephone tower, located
approximately 992 feet south of the intersection of Thweatt Road and Royal Lane,
along the east side of Royal Lane, at the request of Southwestern Bell Mobile
Systems, Inc.
Planning and Community Services Director Gary Sieb made a presentation to Council. William
Cotheran, representing Southwestern Bell Mobile Systems, was present to answer any questions
which Council might have. Planning and Community Services Director Gary Sieb stated that
all building code masonry requirements, setbacks, etc. have been met. Mayor Wolfe declared
the Public Heating open and asked if there were any citizens who wished to speak in favor of
or in opposition to the zoning change request. There being no citizens who wished to speak,
Mayor Wolfe declared the Public Hearing closed. Council was informed that it is anticipated
that the construction on this project should be completed by the end of this calendar year.
Council asked if there were any way this could be speeded up; Mr. Cotheran stated that he
would convey to Southwestern Bell Mobile Systems that Council is anxious for this to be
completed as sooa as possible. Councilman Robertson moved to approve a zoning change
request, Case #S-1053, from (LI) Light Industrial, to (LI-SUP) Light Industrial Special Use
Permit, for the installation of a 64' monopole tower, located approximately 992 feet south of the
intersection of Thweatt Road and Royal Lane, along the east side of Royal Lane, at the request
of Southwestern Bell Mobile Systems, Inc. with the conditions of: (1) Tower and antenna may
not exceed 64 feet in total height (2) All obsolete or unused facilities must be removed within
twelve (12) months and (3) no outside storage. Councilman Cowman seconded the motion. The
motion carried 6-0 with Councilmen Weaver, Thomas, Morton, Cowman, Robert.son and Nelson
voting in favor of the motion.
Item 14
Consideration and approval of a fire lane abandonment r_.~.~,~for the Hager
Containers Addition, located 992 feet south of Thweatt Road, along the east side
of Royal Lane, at the request of Southwestern Bell Mobile Systems, Inc.
Planning and Community Services Director Gary Sieb made a presentation to Council.
Councilman Morton moved to approve a fire lane abandonment request for the Hager containers
Addition, located 992 feet south of Thweatt Road, along the east side of Royal Lane, at the
request of Southwestern Bell Mobile Systems, Inc. Councilman Thomas seconded the motion.
The motion carried 6-0 with Councilmen Weaver, Thomas, Morton, Cowman, Robertson and
Nelson voting in favor of the motion.
Item 15
Consideration to close Thweatt Road at State Highway 121 until November 1,
1991 due to construction and upgrade of the highway system.
Rey Gonzales, Street Superintendent, made a presentation to Council. Councilman Nelson
moved to approve the closing of Thweatt Road at State Highway 121 until November 1, 1991
due to construction and upgrading of the highway system. Councilman Robertson seconded the
motion. The motion carried 5-1 with Councilmen Thomas, Morton, Cowman, Robertson and
Nelson voting in favor of the motion and Councilman Weaver voting in opposition to the
motion. Mayor Wolfe commended Street Superintendent Rey Gonzales on the good job he is
doing.
Item 16
Consideration of a variance from Section 10-5-3 B1 of the City's sign ordinance
which concerns the maximum size for attached signs. The variance is requested
by Christi Clark of CSN Sign Company for the Allstate Insurance Office located
at 820 S. MacArthur Suite 114.
Chief Building Official Dale Jackson made a presentation to Council. He informed Council that
the Sign Company is requesting a variance of 10 feet. A1 Sossaman of CSN Sign Company was
present to address Council. Councilman Nelson moved to deny the request of a variance from
Section 10-5-3 B 1 of the City's sign ordinance which concerns the maximum size for attached
signs for the Allstate Insurance Office located at 820 S. MacArthur Suite 114. Councilman
Morton seconded the motion. The motion to deny carried 6-0 with Councilmen Weaver,
Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion.
During the course of further discussion, Mr. Sossaman asked if a variance of one foot could be
considered. Councilman Morton moved to reconsider the motion and vote which had already
been taken. Councilman Robertson seconded the motion. The motion to reconsider carried 5-1
with Councilmen Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the
motion and Councilman Weaver voting in opposition to the motion.
Councilman Robertson moved to approve a variance of the City's sign ordinance for the Allstate
Insurance Office located at 820 S. MacArthur, Suite 114, sign not to exceed 16 square feet
subject to Staff review and approval prior to the installation of the sign. Councilman Nelson
seconded the motion. The motion carried 6-0 with Councilmen Weaver, Thomas, Morton,
Cowman, Robertson and Nelson voting in favor of the motion.
Item 17
Briefing by Larry Jackson, City Attorney, on one-half cent sales tax (House Bill
916).
Councilman Morton moved that this item be tabled until such time as all of Council will be
present. Councilman Robertson seconded the motion. The motion carried 6-0 with Councilmen
Weaver, Thomas, Morton, Cowman and Robertson voting in favor of the motion.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 7'-~ ~'/b
AN ORDINANCE PROVIDING FOR THE ABANDONMENT
OF THE FIRE EASEMENT LOCATED IN THE HAGER
CONTAINERS ADDITION (VOLUME 88206, PAGE 3786,
DALLAS COUNTY DEED RECORDS) IN THE CITY OF
COPPELL AND COUNTY OF DALLAS, TEXAS; PROVIDING
FOR THE PAYMENT OF THE PUBLICATION FEE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, acting pursuant to law and upon
the request and petition of Hager Containers, Inc. deems it advisable to abandon the fire lane
easement described in exhibit A. And
WHEREAS, the City Council of the City of Coppetl is of the opinion that the best
interest and welfare of the public will be served by abandoning the same; Now,
Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL:
SECTION 1.
That the fire lane easement described in Exhibit A, which is attached hereto and made
a part hereof, be and the same are abandoned, vacated and closed insofar as the right, title and
interest of the public are concerned; subject, however, to the conditions hereinafter more fully
set out.
SECTION 2.
That the abandonment provided for herein is made subject to all present zoning
restrictions.
CONSENT AGENDA
AGENDA REQUEST FORM
CITY COUNCIL ]MEMI~ING A,,~,,~t 10.
1TEM NUMBER
ITEM CAPTION:
Consideration and approval of an ordinance providing for the abandonment of a fire lane easement, located in
the Hager Containers Addition, located approximately 992 feet south of Thweat Road along the east side of
Royal Lane, at the request of Southwestern Bell Telephone Mobile Systems.
SUBMI'UFED
DATE:
EVALUATION OF ITEM:
This request is merely a house keeping issue. A request was made by Southwestern Bell Telephone Mobile
Systems to abandon the fire lane easement on the final executed plat for the purpose of placing a transmission
tower on the site. Although the S.U.P. to operate the tower has been approved, along with the request to
abandon the fire lane easement, an official ordinance had not been adopted.
Approval of the adoption of this ordinance will allow the Dallas County records to reflect this change..
BUDGET AMT. /~'/:
AMT. +/- BUDGET
COMMENTS:
LEGAL REVIEW BY:
AOI:NDA REQUEST FORM REVISED 2/93
AMT. ESTIMATED
FINANCIAL REVIEW BY
DX:., i: _ REVIEW. .v CM:
hager.agn
SECTION 3.
That the terms and conditions contained in this ordinance shall be binding upon Hager
Containers, Inc., their successors and assigns.
SECTION 4.
That the abandonment provided for herein shall extend only to the public right, title,
easement and interest, and shall be constructed to extend only to that interest the Governing
Body of the City of Coppell may legally and lawfully abandon and vacate.
SECTION 5.
That as a condition of this abandonment GRANTEE herein, their successors and assigns,
agree to indemnify, defend, release and hold the City of Coppell whole and harmless against any
and all claims for damages, costs or expenses to persons or property that may arise out of, or
be occasioned by or from the abandonment, closing, vacation, by the City of Coppell of the
areas set out in Exhibit A. Hager Containers, Inc. hereby agrees to defend any and all suits,
claims, causes of action brought against the City on account of same, and discharge any
judgment or judgments that may be rendered against the City of Coppell in connection therewith.
SECTION 6.
That the City Secretary is hereby authorized and directed to certify a copy of this
ordinance for recordation in the Deed Records of Dallas County, Texas, which certified copy
shall be delivered to the City Manager, or his designee. The City Manager, or his designee
shall deliver to Hager Containers, Inc. a certified copy of this ordinance.
SECTION 7.
That this ordinance shall take effect immediately from and after its passage and
publication in accordance with the provisions of the Charter of the City of Coppell, and it is
accordingly so ordained.
of
DULY PASSED by thle City Council of the City of Coppell, Texas, this the __
APPROVED:
MAYOR
day
AWFEST: ~
CITY SECRETARY
APPROVED AS TO FORM:
C'ITY ATTORNEY