Number 36AGENDA REQUEST FORM ' " ` ` ' r " ° F DEPT: Engineering
COPPELL
oi DATE: September 25, 2007
T
ITEM #:
WORK SESSION CONSENT El REGULAR
ITEM TYPE: CONTRACT /BID or PROPOSAL
ITEM CAPTION:
Consider approval of Supplemental Agreement # 1 To W i•11r Cal 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): '"
iL
_ ..ECUTIVE 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:
AP'PROVEI3 B5I
CITY COUNCIL
ON .ABOVE DATE
Motion to Approve
M - Brancheau
S - Hinoiosa- Flores
Vote - 6 -0
Franklin absent Libby ?' Ball
2
2007.10.23
12.1622
-05,00,
#Supplemental SH121 ICA
T H E • C 1 T Y • O F
COPPELL
0
9
11 8 A g 1 5
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 of Coppell 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
t
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 Coppell.
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
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:
1450 East McKinney, Suite 3100
P. 0. Box 2850
Denton, Texas 76202
(940) 349 -2750
Fax (940) 349 -2751
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.
Sin erely,
John Feldt
Assistant District Attorney
Encl./klt
appro3dmately 13.1 acres of property located at the southwest
corner of S. Royal Lane anA Creep View Drive.
Gary Sieb, Director of Planning and Community Services, made a presentation
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 corner 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.
Councilmember 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.
r T7 CrVT77771 �r
33. Necessary action resulting from Work Session.
There was no action necessary under this item.
33. City KanaNer's Report.
A. Joint Use with CISD.
B. T2K Report.
C CI1120M
Page 12 of 14
1,21 between The
' Mayor to .sign.
canted 7-0 wig
Keenan, Stover,
�r
STATE OF TEXAS
RECEIVED
n8 09 68 323
COUNTY OF DENTON ® RECORDS CENTER
CITY OF COPPELL
INTERLOi COOPERATION AGREEMENT
�� �'- THIS R41ERLOCAL COOPERATION AGREEMENT is made and entered into as of the
1---- day of y 2000, by and between the City of Coppell ( "City "), acting by and
through its ity 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 354 -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 "SIB 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 total 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 SIB 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 determine 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:
0
90
G
AGREEMBNT BETWERri
i?t TON CO I nv ry AND CTTX X COPPEU _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 SID Loan proceeds by or before October 1, 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.
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.
DENTON roy ► • C-0—PPELL -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 fordin ance or resolution 1 number
of the City and Commissioners Court Order No. 06 -Gip „ �:; ,
DENTON COUNTY, TEXAS CITY OF COPPELL, TEXAS
LM
Kirk Wilson, Denton County Judgo
ATTEST:
By:
APPROVED AS TO FORM:
/. 17
By: l-
Assistant District Attorney
City Secretary
30752
�'r 9 io +A
D*nta, COU* aattors omcs
401 W. Hkkory, SUM 423
Wntm, Tam 76M
940-m"100
Fax. 940.440.31 e1
October 27, 2004
Jennifer Armstrong
Finance Department
City of Coppell
PO Box 478
Coppell, Texas 75019
Re: SH 121 Construction & Improvement Interloc al Agreement
Ms. Armstrong:
Per the terms of our Interiocai 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 94(y349.3100 if you have any questions.
Sinc k"v.
James A. Wells, CPA
Denton County Auditor
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COPY
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
SUPPLEMENTAL AGREEMENT #1 TO INTERLOCAL COPOPERATION
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 N 1 — CITY OF COPPELL Page I of 3
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 NO /100 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 NO /100 DOLLARS ($2,000,000.00), payable in five
annual installments of FOUR HUNDRED THOUSAND AND NO /100 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. This Agreement shall be governed in all respects by the laws of the
State of Texas.
SUPPLEMENTAL AGREEMENT #I -CITY OF COPPELL Page 2 of3
IN WITNESS WHEREOF, the City and the County have caused this Agreement
to be executed by their duly authorized representatives pursuant to Z u tjC,) L hj t/JUl Y'6s'
&a_Z6__6_7 of the City and Commissioners Court Order Number
DENTON COUNTY, TEXAS
By:
Mary Horn, Denton County Judge
ATTEST:
Deputy, County Clerk
APPROVED AS TO FORM:
In
Assistant District Attorney
F COPPE , TEXAS
By:
oug over, Mayor
y:
ity Se r ary
SUPPLEMENTAL AGREEMENT k 1 —CITY OF COPPELL Page 3 of 3
GAZETTE
City g $1.2 milflon
refund from SH 121 , — Wednesday, September 26, 2007 — www.scntx.com
Council approves refund, tax incentives , Council
TASNA NUTON
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
ears ago to pay $400,000
eery 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 ISD, Lewisville ISD
and Carrollton- Farmers
Branch ISD, although Coppell
ISD 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.
SeeCounell, Pape eA
Ceadnued from Pape 1A
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.
Coppell ISD 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 1
required investment rvatil"
million, she said.
Office developmen
have to invest $6.6 milli'
now offices will receives;
percent tax abatement
pared to the former $` f.
abatement. ;
The increased
office development
attract more daytime gcti
to retail and restaurssds in
city, Hurley said. ` }
Council also approves
incentive policy for 01d
Coppell, which inclttdelt
abatements, sales tax -
fee waivers and fagadw.
she said. ;.
The incentives are to attract
more development and re-
development to the Old Town
area.
"Both of these agenda items
are an outgrowth of the strate-
gic plan," said Council member
Jayne Peters. .
T H E C 1 T Y - O F
COPPELL
�V4 , g 1 $
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 ICA Regarding SH -121
Dear Mr. Feldt:
Please find enclosed with this letter three copies of the Supplemental Agreement 91 to the
Interlocal 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 TX 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,
9( n.
Kenneth M, Griffin, P.E.
Director of Engineering/Public Works
Office: 972/304 -3686
kgril'QnCq;:ci.coppelI tx us
255 PARKWAY * P.0.80X 9478 * COPPELL TX 75019 * TEL 972/462 0022 * FAX 972/304 3673