ST9304-AG 880126 (2)
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@ i2) The City With A Beautiful Future
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PO. Box 478
Cappell, Texas 75019
214 - 462 - 0022
CITY OF COPPELL
CITY COUNCIL AGENDA REQUEST
1. AGENDA DATE REQUESTED: 1/26/88
II. RECOMMENDED ITEM CAPTION: Discussion and Consideration of
approval of an agreement between the City of Coppell and
Crow-Billinqsley (a developer)
III. RECOMME~~ATION OF PLANNING & ZONING COMMISSION: N/A
IV. STAFF REPRESF~TATIVE(S) TO ATTEND COUNCIL MEETING:
Tim House ~o make pr~s~n~ation~ Ginn, Inc.
V. RECOMMMENDED TO BE DISCUSSED AT PRE-COUNCIL BRIEFING:
Yes
No xx
VI. SUPPORT MATERIAL: SUBMITTED Yes xx No
VII. DATE SUBMITTED TO CITY ATTORNEY'S OFFICE FOR PREPARATION OF ANY LEGAL
DOCUMENT, ORDINANCE, RESOLUTION, ETC.
VIII. FINANCIAL REVIEW:
SOURCE OF FUNDING:
BUDGETED ITEM
Bmm FUNDS
NON BUDGETED ITEM
OPERATING BUDGET
ORIGINAL ESTIMATE OR BUDGET $
OTHER:
CURRENT ESTIMATE: $
ACCT. NO.
AMOUNT UNDER OR OVER BUDGET $
IX. SUBMITTED BY
Ginn. Inc.
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HOLD
X. APPROVAL OF CITY MANAGER'S OFFICE:
ITEM5
AGNDARQSTFORM
MNITS
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CITY MANAGER'S COMMENTS/RECOMMENDATION FOR AGENDA ITEM
1.
Item 115
CITY COUNCIL AGENDA DATED: January 26, 1988
II. COMMENTS/RECOMMENDATION:
It appears that the attached agreement is consistent with the direction
and consensus of opinion of the City Council.
115
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MEMO
DATE: January 21, 1988
CITY_ f\t~~r\GER
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RE: Proposed Agreement between the City of.. Coppell and Crow
Billingsley concerning the engineering and construction of Belt
Line Road (E - W) from Moore Road to MacArthur Blvd.
As presented under Agenda Item No. 17 a t the December 8 , 1987
City Council meeting, the realignment of Belt Line Road from
Moore Road to MacArthur Blvd., as proposed by Crow Billingsley,
and with their economic support, will enable this section of
roadway to be built in a timely and cost effective manner.
As directed by the City Council on December 8, 1987, we have
worked with Mr. Tim House, representing Crow Billingsley, in
developing the City/Developer Agreement, a Draft of which is
included under separate cover for the proposed City Council
meeting of January 26, 1988. We recommend that the City Council
approve the Agreement.
We are also working at this time with Mr. George Schrader who is
negotiating with the City of Dallas to secure their financial
participation in the portion of the proj ect which lies wi thin
their City.
17103 Preston Road. Suite IOn. LB 1]/\ . Dallas. Texas 75248 . Phone 214/24/\-4900
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CITY-DEVELOPER AGREEMENT
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This agreement is entered into as of the day of January,
1988, by the CITY OF COPPELL, Dallas County, Texas ("City") and
CROW-BILLINGSLEY MACARTHUR, LTD. and CROW-BILLINGSLEY BELT LINE,
LTD. (collectively, the "Developer").
The following recitals form the basis for and are part of this
Agreement:
RECITAL A. Developer is the owner and developer of a 132-
acre tract located south of Belt Line Road, west of MacArthur
Blvd., and east of the North Lake generating station,
approximately 32 acres of which is within the existing city
limits of Coppe11.
RECITAL B. Developer desires to realign that section of
Belt Line Road beginning at a point approximately 200 feet west
of MacArthur Blvd. and proceeding to the west boundary of
Developer's property.
RECITAL C. The City has determined that given the
Developer's construction commitments described herein, the
realignment of Belt Line Road as shown in Exhibit A will benefit
the City by reducing its share of construction costs and
enhancing the economic development potential of land within its
city limits.
NOW, THEREFORE, in consideration of the mutual promises in this
Agreement and the mutual benefits to be realized, City and
Developer agree as follows:
1. Developer to Pay Pro Rata Share of Enqineerinq Desiqn
Costs. city will authorize its designated engineer, Ginn, Inc.,
to design the realigned Belt Line Road section between MacArthur
Blvd. and Moore Road, including the Mockingbird extension, as
well as all other related improvements described in this
Agreement, approximately as shown on Exhibit A. Developer agrees
to pay its pro rata share of engineering design costs for those
items for which it has responsibility as described herein.
2. Developer Construction Commitments. Developer will have
the obligation for construction of (a) Belt Line Road from its
existing intersection with MacArthur Blvd. to (and including) its
proposed intersection with Mockingbird Lane extended; (b) the
Belt Line Road bridge over Grapevine Creek; and (c) Grapevine
Creek channel improvements from the Southern Pacific Railroad
right-of-way through Developer's property; Developer will not pay
for the relocation of Dallas Power & Light transmission lines.
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3. city to Accept Belt Line Road. City will at its expense
provide inspection of the construction of Belt Line Road and
Mockingbird Lane extension. Upon completion as per City
specifications, City shall promptly obtain a certificate of
completion from its engineers and issue its certificate of
Acceptance and assume ownership.
4. Other Developer Commitments. Developer will also be
responsible for its pro rata share of extending and improving
Mockingbird Lane, including the bridge over Grapevine Creek and
the intersection with realigned Belt Line Road. Developer will
vOluntarily provide its share of funds at the time of
construction.
5. City to Relocate DP&L utilities. City shall assume full
responsibility for negotiating and coordinating with DP&L and TU
Electric on the relocation and abandonment of the existing Dallas
Power & Light Company ("DP&L") right-of-way and utility lines,
including all power transmission, service and other lines
presently located within the right-of-way. This relocation shall
be as shown on Exhibit A. It is understood that DP&L at its sole
discretion mayor may not agree to the power line relocation. In
the event DP&L does not approve the relocation, the City of
Coppell shall not be liable for such actions.
6. Belt Line Riqht-Of-Wav. Developer will dedicate at no
cost the new right-of-way required for realigned Belt Line Road
on its property, with the understanding that the City shall cause
the existing Belt Line right-of-way (or applicable portion
thereof) to be abandoned and deeded at no cost to Developer upon
completion and acceptance by the city of the realigned Belt Line
right-of-way.
7. DP&L Riqht-of-Wav. Developer shall donate at no cost
the right-of-way required for the relocated section of the DP&L
utility lines. The City shall endeavor to cause the abandonment
of the existing DP&L right-of-way and deeding thereof to
Developer at no cost to Developer. City shall use reasonable
efforts to assist, coordinate, and facilitate this exchange of
right-of-way.
8. city to Assess Other Landowners. city shall assess
other landowners along Belt Line Road (between MacArthur and
Mockingbird) their pro rata shares of construction costs as would
otherwise be assessable under the City's assessment policy or
other agreements. These funds, as collected, shall be repaid to
Developer.
9. Timinq. Because City may not have sufficient funds
available to perform immediately its construction obligations as
described herein, the parties agree that the City and Developer
shall commence construction of the proj ects described in this
Agreement wi thin two (2) years of the date of this Agreement.
The city shall authorize engineers to proceed immediately with
design.
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10. General. This agreement shall be binding on and inure
to the benefit of the parties hereto, their successors and
assigns. This agreement constitutes the entire agreement between
the parties and may not be contradicted, varied or supplemented
by proof of any prior or contemporaneous agreement, promise or
representation, whether written or oral.
l1.Notice. Any notice given pursuant to this agreement
shall be in writing and shall be effective when personally
delivered, if delivered by courier or, if mailed, three business
days after deposit in the united states mail, postage prepaid,
certified return receipt requested. The addresses of the parties
for receipt of notice are as follows:
If to City:
If to Developer:
c/o Mr. Henry Billingsley
2001 Bryan Tower, suite 3900
Dallas, TX 75201
CITY OF COPPELL
By:
Name:
Title:
CROW-BILLINGSLEY MACARTHUR, LTD.
By:
Henry Billingsley
General Partner
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CROW-BILLINGSLEY BELT LINE, LTD.
By:
Henry Billingsley
General Partner
The Coppell city Attorney has approved the form of this Agreement
and represents to Developer that this Agreement is a valid and
binding obligation of city.
Coppell City Attorney
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1~~mnwLEID
MAR 1 1989
Minutes of February 16, 1988
CITY MANAGER
The City Council of the City of Coppell met in Work Session and Special
Called Session on Tuesday, February 16, 1988 at 6:00 p.m. in Rotary Room
of the Coppell Town Center. The following members were present:
Lou Duggan, Mayor
Dan Stanton, Mayor Pro Tem
Walter Pettijohn, Councilman
Tom Morton, Councilman
Jim Cowman, Councilman
Mark Wolfe, Councilman
Councilmen Dean Wilkerson and Bill Smothermon were not present. Also
present were City Manager Alan D. Ratliff, City Secretary Dorothy
Timmons, and City Attorney Larry Jackson.
Item 1: Call to Order.
The Mayor called the meeting to order and everyone was asked to stand
while the City Manager Alan D. Ratliff gave the invocation.
Item 2: Mayor's Report
Mayor Duggan reported on the following items:
A. The semi-annual "Students In Governmentl1 program has begun
as of this week with those students scheduled to be
present at the regular Ci ty Council meeting of Tuesday,
February 23, 1988.
B. Mayor Duggan and the Mayor's of adjoining City's recently
met with D/FW Airport to address all City's concerns
regarding noise of over flights. D/FW indicated they
would be taking a look at their policy as well as coming
to Coppell to brief citizens of the City on what is going
on in the airport at this time as well as future expansion
proposals.
C. A Press Conference was held the previous Friday to
announce the joint program with North Texas State
University. Mr. Paul Dishman, Graduate Student at NTSU
has been assigned to Coppell for two days a week to work
with the Economic Development Board and Lee Richardson as
Chairman of this Board, concerning this project.
D. Mayor Duggan read an article concerning the 1984 Crime
Index which indicates that Coppell has the lowest crime
rate in the D/FW Metroplex.
E. Councilman Cowman spoke concerning the construction sign
located on Beltllne Road north/south. His request was for
City staff to check into moving the barriers farther into
the construction area to allow more adequate driving room
for vehicles using this roadway.
'<'~flJlilr~ -fDiscussion and consideration of approval of an Agreement
between the City of Coppell and Crow-Billingsley (a developer)
and authorizing the Mayor to sign.
City Manager Alan D. Ratliff introduced Mr. Tim House, representing
Crow-Billingsley, who discussed this agreement with the City Council.
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Concern was expressed by the City Council with this portion of the
entire roadway being located within the City limits of Coppell. They
need to include a cap on the City's cost for these improvements and the
need for a protection clause for the City, should construction not
commence within the two-year time frame due to items beyond the City's
control. At this point the Mayor moved final determination on this item
to later in the agenda in order to allow City Attorney Larry Jackson and
Crow-Billingsley representative Tim House to determine proper wording
for these three concerns. Following the meeting between Tim House and
City Attorney Larry Jackson the proposed amendments were brought forward
to the Council and read into the record by City Attorney Larry Jackson.
The wording of this amendment is recorded as a permanent part of the
tape records for the City of Coppello Following further discussion
Councilman Wolfe moved that the agreement between the City of Coppell
and Crow-Billingsley be approved as amended and the Mayor be authorized
to sign. Councilman Morton seconded; motion carried unanimously with
Mayor Pro Tem Stanton, Councilmen Wolfe, Cowman, Morton, and Pettijohn
voting in favor of the motion.
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Item 4: Discussion and consideration of an amendment to the Flood Plain
Ordinance defining and clarifying items which are prohibited
within the Flood Plain.
Mr. Wayne Ginn, City Engineer made the presentation to the Council. He
stated that the present Ordinance does not prohibit the construction of
fences and swimming pools in the flood plain area. Individuals wishing
to construct either a fence or a swimming pool may apply to the City as
the Flood Plain Administrator for a variance to these requirements.
City Engineer Wayne Ginn, at this point acts as the City's Flood Plain
Administrator. The Administrator would then review the variance request
and see how it fits with flood plain requirements in order to not
jeopardize the City's flood insurance program. Council questioned the
City's ability to incorporate into a departmental procedure that upon a
permit being denied by the Inspection Department the applicant is
immediately notified of the variance possibility and referred to the
Flood Plain Administrator. If the Flood Plain Administrator denies the
variance request the applicant may then proceed to Council for a final
ruling. City Manager Alan D. Ratliff indicated that the City could and
would draw up such a policy and provide a copy to the Council in the
weekly "FYI" packets. Council also requested information concerning the
illegal flood activities in 1984 referred to in the FEMA letter to the
City. No action was required on this item.
Item 5: Discussion and consideration of approval of the purchase of a
full-page advertisement in the Coppell Gazette Progress Edition
to be published on February 24, 1988 in the amount of $705.00.
Following discussion on this item Councilman Morton moved that the
purchase of a full-page advertisement as stated above be approved.
Councilman Cowman seconded; motion carried unanimously with Mayor Pro
Tem Stanton, Councilmen Pettijohn, Morton, Cowman, and Wolfe voting in
favor of the motion.
Item 6: Manager's Report to Mayor and Council:
A. Review and discussion of first quarter expenditures
operations, and plans for balance of year - FY '87 - '88.
City Manager Alan D. Ratliff made a presentation on this report and
called upon Finance Director Frank Trando to review this report with the
Council. It is request of staff that the Finance Review Committee work
with City staff for the next ten days to further determine how the
City's finances can be more controlled. It was the consensus of the