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ST9904-AG070925 AGENDA REQUEST FORM DEPT: Engineering THE CITY.OF DATE: September 25, 2007 ITEM #: 11 D WORK SESSION D CONSENT [(] REGULAR ITEM TYPE: CONTRACT/BID or PROPOSAL ITEM CAPTION: Consider approval of Supplemental Agreement # 1 To Interlocal Cooperation Agreement Regarding SH-121 Dated February 1, 2000 to allow for the refund of $1,200,000.00 previously paid for SH-121; and authorizing the Mayor to sign. GOAL(S): - IIII EXECUTIVE SUMMARY: Approval of this agreement will allow a refund from Denton County to the City of Coppell of the State Infrastructure Bank Loan expenditure of $1,200,00.00 paid toward completion of the State Highway 121 project. Staff recommends approval of Supplemental Agreement # 1, and will be available to answer any questions at the Council meeting, FINANCIAL COMMENTS: Funds will be deposited into the Street CIP accounts to be used on future street projects. RECOMMENDED ACTION: Staff recommends approval of Supplemental Agreement # 1. ACTION TAKEN BY COUNCIL: APPROVED BY CITY COUNCIL ON ABOVE DATE Motion to Approve M - Brancheau S - Hinojosa-Flores Vote - 6-0 Franklin absent . ~ Libby Ball 20071023 121622 -05'00' I#Supplemental SH121 leA THE.CITY.OF corrELL .s MEMORANDUM TO: Mayor and City Council FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works DATE: September 25,2007 REF: Consider approval of Supplemental Agreement #1 To Interlocal Cooperation Agreement Regarding SH-121 Dated February 1, 2000; and authorizing the Mayor to sign. In August 1999, the Council approved Resolution 081099.3 supporting the use of the State Infrastructure Fund to expedite the State Highway 121 main lanes from Collin County to DFW Airport. One of the trade-offs in utilizing the State Infrastructure Fund was that five cities adjacent to this section of State Highway 121 committed to each paying approximately $2 million dollars so Denton County could leverage the money to borrow a larger amount to expedite the construction of State Highway 121. In September 1999, Council ratified the city's financial commitment of approximately $2 million dollars toward the expedited construction of the main lanes of State Highway 121. And, in January 2000 Council approved the Interlocal Agreement between the city of Coppell and Denton County that committed the city of Coppell to pay $2 million dollars toward the expedited construction of the State Highway 121 main lanes in five annual installments of $400,000. The city ofCoppell had paid three of the annual $400,000 payments when discussions concerning the construction of the State Highway 121 main lanes started leaning more towards the road being constructed as a tollway as opposed to a freeway. In March 2004, TxDOT approved a Minute Order that allowed TxDOT to issue bonds to fund state highway system improvements. That action led TxDOT and NCTCOG to recommend that the construction of SH 121 be expedited and constructed as a tollway. This led to many, many meetings and discussions between the original participants in the State Infrastructure Bank loan, TxDOT and NCTCOG. Eventually a Memorandum of Understanding was agreed upon that would provide support from the adjacent cities for the conversion of the State Highway 121 main lanes to a tollway. Approval of that Memorandum of Understanding alleviated the cities from making any other payments and also provided the opportunity for the cities to be reimbursed for any prior payments. Shortly after a September 2004 Council meeting concerning the Memorandum of Understanding, I notified the Denton County Auditor's office that the city of Coppell would not make the final two $400,000 payments and would expect the refund of the $1.2 million previously paid. The only outstanding issue at that time concerning the repayment of the $1.2 million dollars to Coppell was the official approval to convert State Highway 121 to a tollway and just the minor task of selecting a firm to construct the project. As we all know, things are never really simple or easy. However, after a very interesting and intriguing bid process, NTTA was chosen as the firm that would construct State Highway 121 as a tollway. Now that that decision has been finalized, the city of Coppell has been notified by representatives of Denton County that the previously paid $1.2 million dollars will now be refunded. With this agenda item is a Supplemental Agreement #1 to the Interlocal Cooperation Agreement between Denton County and the city of Coppell regarding State Highway 121. Once Council approves this supplemental agreement and it is approved by the Denton County Commissioner's Court, the refund of the $1.2 million dollars will be processed through the Denton County Auditor's office for reimbursement to the city of Coppel!. Staff recommends approval of the Supplemental Agreement #1 to the Interlocal Cooperation Agreement regarding State Highway 121 will be available to answer any questions at the Council meeting. PAUL JOHNSON CRIMINAL DISTRICT ATTORNEY CIVIL DIVISION Kim Gilles, Chief John Feldt Jennifer McClure Hardy Burke Claire Yancey Dawn Bracket 1450 East McKinney, Suite 3100 P. O. Box 2850 Denton, Texas 76202 (940) 349-2750 Fax (940) 349-2751 September 12, 2007 Ms. Jennifer Miller c/o City of Coppell P.O. Box 9478 Coppell, Texas 75019 RE: Supplemental Agreement #1 to ICA regarding SH 121 Dear Ms. Miller: Please find the enclosed three (3) original copies of Supplemental Agreement #1 to the Interlocal Cooperation Agreement between Denton County and the City of Coppell for State Highway 121. Please execute and return all three (3) originals to our office. Once the Amendment is approved by the Denton County Commissioners Court, we will mail one (1) original back to your office and a check will be processed through the Denton County Auditor and sent to your attention. Thank you in advance for your cooperation in this matter. If you have any questions, please feel free to contact our office. sm~ O:::eldt Assistant District Attorney Encl./klt appJftwlwnately 12.1 aCZ'e. of property located at the 8Outhwe.t COrDer or s. Ro)'a1 Laa. IIDtl Creek VI.. DrIve. G~ Sieb, Director of Planning and Community Services, made a presen~tion to the Council. Mayor Sheehan opened the Public Hearing and advised that no one had signed up to speak on this item. Councilmember Peters moved to . close the Public Hearing and approve the Freeport North, Lot 3, Block A, Freeport Building VI Site Plan, to allow the development of a 227,280 square foot office/warehouse facility on approximately 12.1 acres of property located at the southwest comer of S. Royal Lane and Creek View Drive, subject to the following condition: 1) An off-site right-of-way dedication of Creek View Drive be recorded and provided to the City prior to the Replat being recorded with Dallas County. Councllmember Keenan seconded the motion; the motion carried 7-0 with Mayor Pro Tern Tunnell and Councilmembers Garcia, Peters, Keenan, Stover, Wheeler and York voting in favor of the motion. 31. Sbeehan made a preacn to the Coundl. Ci~ a p~sentation to the Coun Ken Orift'in, Director 0 Publie Works, made a presentation to the Council. John Polster, made a presentation to the Council. After discussion, Councl1member York moved to approve interlocal agreement for State Highway 121 between The City of Coppell and Denton County; and authorizing the Mayor to Councilmember Keenan seconded the motion; the motion carried 7-0 M910r Pro Tem Tunnell and Councilmembers Garcia, Peters, Keenan, Stover, Wheeler and York voting in favor of the motion. 22. I1ecesaary actio. renltlDl from Work Be.IOD. There was no action necessary under this item. 23. City lIaDqer'. Report. A. "omt U.. with CISD. B. Y2K Repon. CMOll 12000 Pqe12 of 14 1/1 ". STATE OF TEXAS Ii II Ii RECE'VED FEB D9SIJ 323 RECORDS CENTER CITY OF COPPELL 4 COUNTY OF DENTON INTERLOCAL COOPERATION AGREEMENT 1 THIS INTERLOCAL COOPERATION AGREEMENT is made and entered into as of the 12- day of ~ftJ-tu~ 2000, by and between the City of Coppell ("City"), acting by and through its dty Council, d Denton County, Texas (the "County"). WITNESSETH: WHEREAS, the County and the City desire to enter into an agreement for the design, construction and improvement of Section 13 of State Highway 121, CSJ-364-2-17 and 364-3-64 (the "Project"). WHEREAS, the Interlocal Cooperation Act, codified as V.T.C.A., Government Code, Chapter 791 (the "Act"), provides authorization for any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the County has filed an application with the Texas Department of Transportation to obtain a $10,000,000 loan from the State Infrastructure Bank (the "sm Loan") to fund a portion of the Project, including, particularly the engineering therefore; WHEREAS, the City has heretofore expressed its support of the Project and the funding of a portion of the costs of said Project; WHEREAS, to enable the County to perform certain functions related to the Project, the City has heretofore agreed to pay to the County a to.tal amount of $ 2,000,000 payable in five equal annual installments of $ 400,000 each as hereinafter provided; WHEREAS, the parties hereto agree that if the sm Loan is not made or the conditions provided herein have not been met on or before October 1, 2000, the City reserves the right to withdraw its commitment under this Agreement; WHEREAS, the City and the County have both found and determined and do hereby find and detennine that the Project is in the best interests of the citizens of both the City and the County; NOW, THEREFORE. in consideration of the premises and covenants herein contained, the City and the County agree as follows: '. 8 o 9.> C - INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY AND CITY OF COPPEll-PAGE 1 30752 -- - I. The provisions of this Agreement contained in the preambles set forth above are hereby incorporated by reference as if fully set forth in the body of this Agreement and shall become and are hereby made a part of this Agreement for all purposes. II. The City hereby agrees to pay, when the Project reaches priority 2, the County the sum of Two Million Dollars ($2,000,000.00) (the "City Commitment") payable in annual installments of Four Hundred Thousand Dollars ($400,000.00) on or before October 1 of the year priority 2 is reached and each October 1 thereafter until fully paid. The County agrees to provide and perform governmental functions and services as permitted by the Act in connection with the Project. In addition. the City reserves the right to withdraw and cancel the City Commitment in the event the County has not received the sm Loan proceeds by or before October I, 2000. NO interest shall be charged to the City in connection with the installment payments of the City Commitment. The City hereby reserves the right to prepay the City Commitment at any time during the term of this Agreement, without penalty. In the event the Project does not achieve priority one status by TXDOT by October 1, 2002, the City shall be refunded any payments made under the terms of this Agreement. III. The City Commitment shall be paid only from current revenues of the City as those revenues exist from time to time. IV. This Agreement shall be for a term of six (6) years or until the City Commitment is paid in full, whichever is less. v. This Agreement may not be amended or modified without the prior written consent of both the City and the County. VI. IT any clause, provision or section of this Agreement is ruled invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability thereof shall not affect any of the remaining clauses, provisions or sections hereof. INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY AND CITY OF COPPELL -PAGE 2 30752 - - VIL This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same documents. VIII. This Agreement shall be governed in all respects by the laws of the State of Texas. IN WITNESS WHEREOF, the City and the County have caused this Agreement to be executed by their duly authorized representatives pursuant to f ordinance or resolution 1 number _ of the City and Commissioners Court Order No. ~.. t:'C) to 3 . DENTON COUNTY, TEXAS By: ~~";:'co"""I"'lJ.Y: .\' 'II4,1~'" Kirk Wilson, Denton County Judg~:.p~ :~~~~ .. ."j" ,.T-'....fh~ .. '. '~....~w~ . 0 ~ . .). J I"". .~/J).' ~ ~ ~ : ." ~ ~!k.r.': : "....{ 'i1ia~T: . f:.....,.,~.-r..".4' ~~ . , ,,'~i"I.:~. ~ .' .~ . . *..l...".~_~. ('... ..~. ~ ,-. t. \:'~',...:- . '. ..'" ,M. ". I . U 'l:S .. iOU"""" . CITY OF COPPEll., TEXAS ) ATTEST: By: By: &t/wUla-Id,~-I//~ Assistant District Attorney 7 By: APPROVED AS TO FORM: INTERLOCAL COOPERATION AGREEMENT BETWEEN DENTON COUNTY AND CITY OF COPPF.T T -PAGE 3 30752 'Sr c:, ~o4-A Denton countr Auditor'. omce 401 W. Hickory. Suite ~23 Denton, Texas 78201 ...3414100 Fax: NO-34t"'101 October 27, 2004 Jennifer Armstrong Finance Department City of Coppell PO Box 478 Coppell, Texas 75019 Re: SH 121 Construction & Improvement Interlocal Agreement Ms. Armstrong: Per the terms of our Interlocal Agreement dated February 1, 2000, please remit payment in the amount of $400,000 to Denton County for the October 2004 required annual payment for the SH 121 Expansion project. One annual payment of $400,000 will remain after the above payment is made. Please remit payment to: James A Wells Denton County Auditor 401 W. Hickory, Suite 423 Denton, Texas 76201 Please phone our office at 9401349-3100 if you have any questions. Ii#d- V)c;. L,.....~ O'Y'I N\.p "'" 0 f{ r-.. J..,.,.,... d~ U,^~~1"-u\",Jt:",~ WI ~c."tOlr) lvi If .-vo lov.'If" f~'a-~{ will ~ t\Lfw....d? ~~L"2.~;1l4~ A't".It1,,(1r- pot. Q~~ SH 12,.' b~C6~toJI ~acf. \4 \ l~f ~ 4- James A Wells, CPA Denton County Auditor @@fP>W THE STATE OF TEXAS ~ ~ COUNTY OF DENTON ~ SUPPLEMENTAL AGREEMENT #1 TO INTERLOCAL COPOPERA TION AGREEMENT REGARDING SH-121 DATED FEBRUARY 1.2000 This Supplemental Agreement # 1 (the "Supplement") to the Interlocal Agreement - SH 121 executed February 1, 2000, is entered into as of the _ day of , 2007, by and between Denton County, Texas (hereinafter "the County") and the City of Coppell, Texas (hereinafter "the City"). WITNESSETH WHEREAS, the County and the City entered into an agreement for the design and construction of improvement of Section 13 of State Highway 121, CST -364-2-17 and 364-3-64 (hereinafter "the Project"); and WHEREAS, the Interlocal Cooperation Act, Chapter 791 Texas Government Code, provides authorization for any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the SH 121 Memorandum of Understanding executed March 24, 2005, stated that upon reimbursement by the Texas Department of Transportation ("TxDOT"), Denton County agrees to refund the City of Coppell' s State Infrastructure Loan expenditures. NOW THEREFORE, In consideration of the premIses and covenants herein contained, the City and the County agree as follows: SUPPLEMENTAL AGREEMENT # I - CITY OF COPPELL Page lof3 Section 1. The provisions of this Agreement contained in the preambles set forth above are hereby incorporated by reference as if fully set forth in the body of this Agreement and shall become and are hereby made a part of this Agreement for all purposes. Section 2. The County hereby agrees to refund the City of Coppell's total State Infrastructure Bank Loan expenditure in the amount of ONE MILLION TWO HUNDRED THOUSAND AND NOIlOO DOLLARS ($1,200,000.00). On February 1, 2000, the City made a commitment to the County toward completion of the Project in the amount of TWO MILLION AND NOIlOO DOLLARS ($2,000,000.00), payable in five annual installments of FOUR HUNDRED THOUSAND AND NOnOO DOLLARS ($400,000.00). The City only paid three out of five installments to the County for a total expenditure toward completion of the Project by the City of ONE MILLION TWO HUNDRED THOUSAND DOLLARS ($1,200,000.00). Section 3. If any clause, provision or section of this Agreement is ruled invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability thereof shall not affect any of the remaining clauses, proVIsIOns or sections hereof. Section 4. This Agreement may be executed in several counterparts, each of which shall be original and all of which shall constitute but one and the same documents. Section 5. State of Texas. This Agreement shall be governed in all respects by the laws of the SUPPLEMENTAL AGREEMENT # I - CITY OF COPPELL Page 2 of 3 IN WITNESS WHEREOF, the City and the County have caused this Agreement to be executed by their duly authorized representatives pursuant to COU.tJGIL MJNUl1"lt5 0\. <J-ZS-D7 of the City and Commissioners Court Order Number By: Mary Horn, Denton County Judge e"--- DENTON COUNTY, TEXAS ATTEST: Deputy, County Clerk ~jtj'~/ ity Se r a;y -- By: APPROVED AS TO FORM: By: By: 7 Assistant District Attorney SUPPLEMENTAL AGREEMENT # I - CITY OF COPPELL Page 3 of3 GAZETTE City gets $1.2 million refun.d from SH 121 - Wednesday, September 26, 2007 - WWW.scntx.com I Council Celllnued tram '8111 A Council approves refund, tax incentives TASHA HA!J!N~u~ STAFF WRITER The Coppell City Council approved a supplemental agreement refunding $1.2 mil- lion that was originally paid for the construction on SH 121. The city agreed several years ago to pay $400,000 every year for five years as part of an interlocal agreement among cities along the high- way route, said Ken Griffin, director of engineering. When the project was turned into a toll road, the cities that put money toward expediting the construction would receive a refund, he said. The money will go toward capital improvement projects, Griffin said. Sales tax The half-cent sales tax that goes toward the school dis- tricts serving Coppell will expire at the end of the year, said Jim Witt, city manager of Coppell. The sales tax use was voted on in a special election in August 2000 and was imple- mented for four years January 2001. The use was extended for another two years after the ini- tial time period expired, Witt said. No other city in the state has a sales tax going toward the schools, he said. "We are the lone wolf," Witt said. The money is split between Coppell lSD, Lewisville lSD and Carrollton-Farmers Branch lSD, although Coppell lSD receives about 98 percent, he said. Coppell resident Jerry Coker said there should be an alternative sales tax option in the special election Nov, 6, because the school funding should stay on the ballot. "We still need to keep edu- cation excellence in Coppell," Coker said. However, the opportunity to extend the sales tax for the schools expired Sept. 4, Witt said. Although the sales tax ends Dec. 31, there are funds left over from previous years as well as funds that will be chan- neled in before the end of the year, he said. SeeCouncll, Page 8A To date, the program has given the districts between $22 and $25 million and $8 million still needs to be sent to the schools, By the end of the year, another $10 million will be added to the money, Witt said. CoppellISD has plans to use the funds for another two or three more years, he said. By the time the money has been collected and sent out, the total for the six years of the tax will be about $35 mil- lion, he said. The half-cent sales tax rev- enue will be split between the repair of municipal streets and a Crime Control and Prevention District if voters approve. Economic development Council approved a new tax abatement policy to take effect Oct. 1. The policy will require industrial developments to have a $7 million investment to receive a 75 percent tax abate- ment, said Mindi Hurley of eco- nomic development. Prior to the ch required investment million, she said. Office developme have to invest $5.6 mil now offices will recei percent tax abatement pared to the former 1. abatement. The increased ince office development attract more daytiine ~ to retail and restaUNl\1t' in city, Hurley said. Council also appro. incentive policy tor Old Coppell, which incl1Ulet,. abatements, sales tax., ..... . fee waivers and f&9&d.,; she said. .~~j The incentives are to attract more development and re- development to the Old Town area. "Both of these agenda itel1l8 are an outgrowth of the strate- gic plan," said Council member Jayne Peters. THE.CITY.OF September 26, 2007 Mr. John Feldt Assistant District Attorney Denton County 1450 E McKinney, Suite 3100 Denton TX 76202 RE: Supplemental Agreement #1 To the leA Regarding SH-121 Dear Mr. Feldt: Please find enclosed with this letter three copies of the Supplemental Agreement #1 to the lnterlocal Cooperation Agreement between Denton County and the city of Coppell approved by Coppell's City Council on September 25, 2007. According to your letter dated September 12, 2007, the reimbursement of the $1.2 million dollars can now be processed through the Denton County Auditor's office for payment to the city of Coppell. Please direct payment to the City of Coppell to the address below: Ms. Jennifer Miller Finance Director City of Coppell PO Box 9478 Coppell IX 75019 Please also return one copy of the agreement after execution by Denton County officials to: City of Coppell Engineering Dept. 255 Parkway Blvd. Coppell TX 75019 Thank you for your attention to this matter. Sincerely, Xw- n#- Kenneth M, Griffin, P.E. Director of Engineering/Public Works Office: 972/304-3686 kgri ffln(7lki .coppel)' tx .lIS 255 PARKWAY * P.O.BOX 9478 * COPPELL TX 75019 * TEL 972/462 0022 * FAX 972/304 3673