CP 2002-09-24NOTICE OF CITY COUNCIL MEETING AND AGENDA
SEPTEMBER 24, 2002
CANDY SHEEHAN, DOUG STOVER, Place 5
Mayor Mayor Pro Tem
TIM BRANCHEAU, Place 1 MARSHA TUNNELL, Place 4
JAYNE PETERS, Place 2 DAVE HERRING, Place 6
DIANA RAINES, Place 3 BILL YORK, Place 7
JIM WITT, City Manager
MEETING TIME AND PLACE:
Call to Order 5:30 p.m. Council Chambers (Open to the Public)
Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public)
Board Reception 6:00 p.m. - 7:00 p.m. 1st Fl. Conf. Room (Open to the Public)
Regular Session 7:00 p.m. Council Chambers (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, September 24, 2002, at 5:30 p.m. for
Executive Session, Work Session will follow immediately thereafter, and a
reception for Board Members will be held from 6:00 p.m. until 7:00 p.m. , with
Regular Session beginning at 7:00 p.m., to be held at Town Center, 255 Parkway
Boulevard, 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 City of Coppell reser ves the right to reconvene, recess or realign the Work
Session or called Executive Session or order of business at any time prior to
adjournment.
The purpose of the meeting is to consider the following items:
ITEM # ITEM DESCRIPTION
REGULAR SESSION (Open to the Public)
1. Call to order.
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ITEM # ITEM DESCRIPTION
WORK SESSION (Open to the Public)
2. Convene Work Session
A. Discussion regarding process of City Manager Evaluation.
B. Creekview Homeowner concerns regarding Erosion.
C. Revisit Council Photos.
D. Discussion of Agenda Items.
RECEPTION FOR BOARD/COMMISSION/COMMITTEE MEMBERS IN ATRIUM
FROM 6:00 PM TO 7:00 PM.
REGULAR SESSION (Open to the Public)
3. Invocation.
4. Pledge of Allegiance.
5. Swearing in of newly appointed Board/Commission/Committee members.
6. Presentation of cer tificates of appreciation to Boy Scouts completing Eagle
Scout projects with the city of Coppell Parks and Leisure Ser vices
Depar tment.
7. PROCLAMATIONS:
A. Consider approval of a proclamation naming the week of
October 6-12, 2002 as FIRE PREVENTION WEEK, and authorizing the
Mayor to sign.
B. Consider approval of a proclamation naming the week of
September 23, 2002 as RACE EQUALITY WEEK, and authorizing the
Mayor to sign.
8. Repor t by Keep Coppell Beautiful Committee.
9. Citizen's Appearances.
CONSENT AGENDA
10. Consider approval of the following consent agenda items:
A. Consider approval of minutes: September 10, 2002.
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ITEM # ITEM DESCRIPTION
B. Consider approval of awarding Bid/Contract #Q-0802-01 for a sign
lettering machine to Traffic & Parking Control Company, Inc. (Tapco)
in the amount of $51,746.30 as budgeted in the Traffic Control
Division budget.
C. Consider approval of an Ordinance amending the Coppell Code of
Ordinances, Chapter 6-2 for Peddlers and Solicitors by providing for
exceptions to the per mit requirements; and authorizing the Mayor to
sign.
Resolutions
D. Consider approval of a resolution approving the for mation of a
regional law enforcement mutual aid task force agreement with other
area law enforcement agencies for the purposes of providing and
receiving law enforcement assistance; and authorizing the Mayor to
sign.
Budget Items
E. Consider approval of an Ordinance of the City of Coppell, Texas,
approving an amendment to Ordinance No. 2001-959, the budget for
Fiscal Year October 1, 2001 through September 30, 2002, and
authorizing the Mayor to sign.
END OF CONSENT
11. Consider approval of an ordinance amending the gas franchise between the
city of Coppell and TXU Gas Company, and authorizing the Mayor to sign.
12. Consider approval of an ordinance amending the electric franchise between
the city of Coppell and ONCOR, and authorizing the Mayor to sign.
13. Consider approval of a settlement agreement and release with TXU Electric
Company and authorizing the Mayor to sign.
14. Consider an ordinance abandoning a por tion of the West Ruby Road right
of way adjacent to Lot 1, Block A of Duke Freepor t Addition, and
authorizing the Mayor to sign; and consider a resolution of the city
authorizing the City Manager to execute the necessary documents for the
sale of an irregular piece of proper ty adjacent to Lot 3, Block A of the
Duke Freepor t Addition for the sum of $253,000, and authorizing the
Mayor to sign.
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ITEM # ITEM DESCRIPTION
15. Consider approval of an ordinance amending Chapter 3, by adding Section
3-5-12 to provide for the placement of commercial roll-off containers on
residential lots; providing for the issuance of a permit; providing for
violations; providing for the establishment of a fee; 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, and
authorizing the Mayor to sign.
16. Necessary action resulting from Work Session.
17. City Manager's Repor t.
A. Game Field Enforcement.
18. Mayor and Council Repor ts.
A. Repor t by Mayor Sheehan regarding Grapevine Stompfest.
B. Repor t by Mayor Sheehan regarding Homecoming Parade.
C. Repor t by Mayor Sheehan regarding Red Ribbon Week.
D. Repor t by Mayor Sheehan regarding Remembering 9/11.
E. Repor t by Mayor Sheehan regarding Coppell Family Fish.
F. Repor t by Mayor Sheehan regarding Wildflower Planting.
Adjournment.
____________________________________
Candy Sheehan, Mayor
CERTIFICATE
I cer tify 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 _________________,
2002, at __________________.
____________________________________
Libby Ball, City Secretar y
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DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE
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).
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 llevar consigo un arma de fuego oculta, adentro de este edificio, o en cualquier
junta oficial de politica en la ciudad de Coppell.
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AG EN DA R EQU EST FO R M
ITEM # WS-2 CITY COUNCIL MEETING: September 24, 2002
WORK SESSION
A. Discussion regarding process of City Manager Evaluation.
B. Creekview Homeowner concerns regarding Erosion.
C. Revisit Council Photos.
D. Discussion of Agenda Items.
CITY MANAGER'S REVIEW:
AGE N DA R E QU E S T FO R M
ITEM # 5 CITY COUNCIL MEETING: September 24, 2002
ITEM CAPTION:
Swearing in of newly appointed Board/Commission/Committee members.
SUBMITTED BY: Libby Ball
TITLE: City Secretary
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: %bdswear.com
AGE N DA R E QU E S T FO R M
ITEM # 6 CITY COUNCIL MEETING: September 24, 2002
ITEM CAPTION:
Presentation of certificates of appreciation to Boy Scouts completing Eagle Scout projects with the city of
Coppell Parks and Leisure Ser vices Department.
SUBMITTED BY: Amanda Vanhoozier
TITLE: Community Programs Coordinator
STAFF COMMENTS:
Parks and Leisure Ser vices Department recognizes the outstanding efforts of the following Boy Scouts for
planning, leadership and implementation of Eagle Scout Projects in the city of Coppell in the spring and
summer of 2002.
1. Jeff Garza, Troop #841, Eagle Project: Duck Pond Park Retaining Wall
2. David Harvey, Troop#841, Eagle Project: Magnolia Park Playground Fall Zone with Drainage System
3. Ryan Har vey, Troop#841, Eagle Project : Andrew Brown Central Entr y Sign and Landscape
4. Austin Hill, Troop#842, Eagle Project: Grapevine Springs Nature Trail and Foot Bridge
5. Derek Janis, Troop#829, Eagle Project: Duck Pond Park Playground Fall Zone
6. Nick Radcliffe, Troop#840, Eagle Project: Hunterwood Park Playground Fall Zone
7. Richard Shyne, Troop#840, Eagle Project: Pavestone Entryway to Coppell Community Garden
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: ^Scout
AGE N DA R E QU E S T FO R M
ITEM # 7/A CITY COUNCIL MEETING: September 24, 2002
ITEM CAPTION: Consider approval of a proclamation naming the week of October 6-12, 2002 as FIRE
PREVENTION WEEK, and authorizing the Mayor to sign.
SUBMITTED BY: Bob Kr use
TITLE: Fire Chief
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: (Fire Prevention Wk
PROCLAMATION
WHEREAS, fire kills 3,500 to 4,000 people in the United States each year and
80 to 85% of all fire deaths occur in the home; and
WHEREAS, taking simple safety precautions, such as identifying and removing
everyday home fire hazards, can help prevent the majority of home fires and home fire
deaths; and
WHEREAS, proper installation, testing and maintenance of smoke alarms are
part of a system of fire protection; and
WHEREAS, developing a home fire escape plan, with two ways out of each
room and an outside meeting place, and practicing it twice a year with every member of
the household, are critical to escaping a fire safely; and
WHEREAS, the nonprofit NFPA (National Fire Protection Association) has been
the official sponsor of Fire Prevention Week for 80 years, the 2002 Fire Prevention Week
theme, “Team Up for Fire Safety,” motivates children and families to work together to
conduct a home hazard hunt, develop and practice a home fire escape plan, and install
and test smoke alarms; and
WHEREAS, NFPA dedicates “Team Up for Fire Safety” to the hundreds of
firefighters who so valiantly gave their lives to save others in 2001, especially on
September 11; and
WHEREAS, the fire service of Coppell is committed to the safety of life and
property from the devastating effects of fire; and
NOW, THEREFORE, I, Candy Sheehan, Mayor of the City of Coppell, do
hereby proclaim the week of October 6-12, 2002 as
FIRE PREVENTION WEEK
IN WITNESS THEREOF, I have set my hand and caused the seal of the city of
Coppell to be affixed this __________ day of September, 2002.
__________________________________
Candy Sheehan, Mayor
ATTEST:
___________________________________
Libby Ball, City Secretary
AGE N DA R E QU E S T FO R M
ITEM # 7/B CITY COUNCIL MEETING: September 24, 2002
ITEM CAPTION: Consider approval of a proclamation naming the week of September 23, 2002 as RACE
EQUALITY WEEK, and authorizing the Mayor to sign.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: !Equality
PROCLAMATION
WHEREAS, the city of Coppell is committed to promoting racial equality
and justice as a fundamental aspect of a healthy community; and
WHEREAS, the city of Coppell created an employee team called the
Diversity Challengers over five years ago in conjunction with the Greater Dallas
Community Relations Commission to promote racial equality and justice; and
WHEREAS, by this proclamation the city of Coppell hereby declares
racism unjust and advocates equal rights for all; and
WHEREAS, by Act of Congress of the United States dated July 2, 1964, the
Civil Rights Act of 1964 was adopted banning discrimination because of a
person’s color, race, national origin, religion, or sex; and
WHEREAS, by Act of Congress of the United States dated July 9, 1868, the
14th Amendment of the Constitution of the United States was adopted giving all
persons born or naturalized in the United States the right to due process and equal
protection under the law.
NOW, THEREFORE, I, Candy Sheehan, Mayor of the city of Coppell, do
hereby declare the week of September 23, 2002 as
RACIAL EQUALITY WEEK
and urge all citizens to join together to support this effort. Furthermore, the Mayor
and City Council of Coppell reaffirm our commitment to ensuring racial equality
and justice in our city and to working with the Diversity Challengers and the
Greater Dallas Community Relations Commission to support this effort.
IN WITNESS THEREOF, I have set my hand and caused the seal of the
City of Coppell to be affixed this ______ day of September, 2002.
_________________________
Candy Sheehan, Mayor
ATTEST:
_____________________________
Libby Ball, City Secretary
AGE N DA R E QU E S T FO R M
ITEM # 8 CITY COUNCIL MEETING: September 24, 2002
ITEM CAPTION:
Report by the Keep Coppell Beautiful Committee.
SUBMITTED BY: Libby Ball
TITLE: City Secretary
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: %bdrpt.doc
AG EN DA R EQU EST FO R M
ITEM # 9 CITY COUNCIL MEETING: September 24, 2002
CITIZENS' APPEARANCES
ORDINANCE NO. 2001-964
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, TIMES AND PROCEDURES
FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for
Conducting City Council Meetings," be, and the same is hereby, amended to read as follows:
"ARTICLE 1-10
RULES, TIMES AND PROCEDURES FOR CONDUCTING
CITY COUNCIL MEETINGS
". . .
1-10-6.2.1 CITIZENS APPEARANCE
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 Secretar y 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).
AGE N DA R E QU E S T FO R M
ITEM # 10/A CITY COUNCIL MEETING: September 24, 2002
ITEM CAPTION:
Consider approval of minutes: September 10, 2002.
SUBMITTED BY: Libby Ball
TITLE: City Secretary
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: %minutes
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MINUTES OF SEPTEMBER 10, 2002
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, September 10, 2002, at 5:30 p.m. in the City Council Chambers of
Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members
were present:
Candy Sheehan, Mayor
Doug Stover, Mayor Pro Tem
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Diana Raines, Councilmember
Marsha Tunnell, Councilmember
Dave Herring, Councilmember
Bill York, Councilmember
Also present were City Manager Jim Witt, City Secretary Libby Ball and City
Attorney Robert Hager.
REGULAR SESSION (Open to the Public)
1. Call to order.
Mayor Sheehan called the meeting to order, determined that a quorum was
present and convened into Executive Session.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation
with City Attorney.
1. Settlement Agreement with TXU on Franchise Fees.
2. Shea v. City of Coppell.
Mayor Sheehan convened into Executive Session at 5:43 p.m. as allowed under
the above-stated article. Mayor Sheehan adjourned the Executive Session at
5:48 p.m. and opened the Work Session.
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WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding Appointments to Boards and
Commissions.
B. Discussion regarding Group Homes.
C. Discussion regarding Royal Lane Construction.
D. Discussion regarding City-owned land in Old Coppell.
E. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
Mayor Sheehan convened back into Regular Session and introduced Robert
Key, Vice-President of the CISD School Board, who announced the School
Board had a quorum present and called their meeting to order.
4. Invocation.
Mayor Pro Tem Stover led those present in the Invocation.
5. Pledge of Allegiance.
Mayor Sheehan led those present in the Pledge of Allegiance.
6. Presentation by CISD celebrating the American Character.
Presentation:
Vice-President Robert Key recognized the School Board members present:
Dr. Arthur; President Deena Reeve; Kathy Gautille and Superintendent of
Schools, Dr. Jeff Turner. Mr. Key presented a proclamation to celebrate
the American Character. Ms. Gautille moved to approve the
proclamation on behalf of the School Board. Dr. Arthur seconded the
motion and it passed unanimously.
7. Consider approval of a proclamation dedicating September 11,
2002 as ALWAYS REMEMBER 9-11 DAY, and authorizing the
Mayor to sign.
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Presentation:
Mayor Sheehan read the Proclamation for the record and presented the
same to Matt Uppole and Tim Russell of the Coppell Fire Department and
Debra O'Brien of the Coppell Police Department.
Action:
Councilmember Tunnell moved to approve a proclamation dedicating
September 11, 2002 as ALWAYS REMEMBER 9-11 DAY, and authorizing
the Mayor to sign. Mayor Pro Tem Stover seconded the motion; the
motion carried 7-0 with Mayor Pro Tem Stover and Councilmembers
Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of
the motion.
8. Consider approval of a proclamation naming the week of
September 16 through 22, 2002 as CONSTITUTION WEEK, and
authorizing the Mayor to sign.
Presentation:
Mayor Sheehan read the proclamation and presented the same to Andi
Case and Beverly Smith.
Action:
Councilmember Peters moved to approve a proclamation naming the
week of September 16 through 22, 2002 as CONSTITUTION WEEK, and
authorizing the Mayor to sign. Councilmember Raines seconded the
motion; the motion carried 7-0 with Mayor Pro Tem Stover and
Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York
voting in favor of the motion.
Vice- President Robert Key adjourned the School Board at this time.
9. Citizen's Appearances.
There was no one signed up to speak under this item.
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CONSENT AGENDA
10. Consider approval of the following consent agenda items:
A. Consider approval of minutes: August 27, 2002.
B. Consider approval of an ordinance amending Section 8-1-
3 of the Code of Ordinances of the City of Coppell
establishing 45 miles per hour as the maximum prima
facie speed limit on the northbound State Highway 121
Frontage Road from Northpoint Drive to Denton Creek;
and authorizing the Mayor to sign.
Action:
Councilmember Tunnell moved to approve Consent Agenda Items A and
B carrying Ordinance No. 2002-1006. Councilmember Brancheau
seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover
and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and
York voting in favor of the motion.
11. Consider appointments to City’s Boards, Commissions and
Committees.
Presentation:
Mayor Sheehan read the list of proposed appointees as discussed in
Work Session as follows:
American Red Cross
Nancy Yingling (2-year-regular)
Diane Ebersberger (2-year-altrnate)
Animal Services Appeals Board
Dr. Reid Garfield (2-year-veterinarian)
Board of Adjustment
David Stonecipher (2-year-regular)
Mark LeGros (2-year-regular)
Robert Chomiak (2-year-regular)
David Terry (2-year-alternate)
Ronald Smith (2-year-alternate)
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Conduct Review Board (All 1-year appointments)
John Alda
Frank DeMartino
William Dolphin
Norman Kressmann
Marie Reed
Beverly Stewardson
Karen Williams
Glen Bradshaw
Rick Ellis
Ronald Forest
JoAnn Mendenhall
Michael Vasquez
Coppell Economic Development Committee
Bill Rohloff (2-year-regular)
Gary Roden (2-year-regular)
Coppell Education Development Corporation
Steve Brock (2-year-regular)
Diane Ebersberger (2-year-regular)
Valerie Strong (2-year-regular)
Keep Coppell Beautiful Committee
Lisa Cunov (2-year-regular)
Rene' Lawson (2-year-regular)
John Valentine (2-year-regular)
John Dobson (1-year-regular)
Steven Smith (1-year-regular)
Library Board Student Advisers
Katelyn Browne
Chamonix Morejon
Library Board
Doug Glantz (2-year-regular)
Charles Petty (2-year-regular)
Tom Trahan (2-year-regular)
Paul Tapscott (2-year-alternate)
John Reenan (1-year-alternate)
Parks and Recreation Board
Victor Burke (2-year-regular)
David Castillo (2-year-regular)
Tracy Garman (2-year-regular)
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Steven Hafer (2-year-regular)
Larry Jones (2-year-regular)
Mark Tepper (2-year-regular)
Scott Williams (2-year-regular)
Mark Echerd (2-year-alternate)
Greg Garcia (2-year-alternate)
Planning and Zoning Commission
Anna Kittrell (2-year-regular)
Drew Halsey (2-year-regular)
Lee Foreman (2-year-regular)
Special Counsel
Paul Tapscott
Larry Jones
Lori Sherwood
James Walker
Telecommunications Board
Jack Leathers (2-year-regular)
David Love (2-year-regular)
Andy Oliver (2-year-regular)
Mushti Prasad (2-year-regular)
Todd Wilkerson (2-year-regular)
Richard Racinskas (1-year-regular)
William Tong (1-year-regular)
Regional Transportation Task Force
Steering Committee
Dr. Bert Bryan
Frank Morrasco
Jack Rogers
Cliff Long
Nancy Wang
Cynthia Parker
Task Force Members
Jeanne Heath
Robert Key
Cammilla Dillon
Reg Allen
Tim Bennett
Glen Bradshaw
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Jeffrey Butler
Sharon Clark
Jason Crawford
John Fridl
Rick Garces
David Gillis
Bill Hinds
Meg Kimberland
Peter LeCody
Bart McLeroy
Steve Mobley
William Morris
Jim O'Brien
Edward Ransom
Mike Ridgley
Cindy Stanley
Tom Suhy
Todd Turman
Dornell Reese
Tochi Osuji
JoAnn Mendenhall
Michael Vasquez
Indira Singla
Rex Carpenter
Action:
Mayor Pro Tem Stover moved to approve the appointments to the
Boards/Commissions/Committees as read. Councilmember Tunnell
seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover
and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and
York voting in favor of the motion.
12. Consider approval of an Ordinance approving and adopting the
budget for the City of Coppell for the Fiscal Year October 1,
2002 through September 30, 2003, and authorizing the Mayor
to sign.
Action:
Councilmember York moved to approve Ordinance No. 2002-1007
approving and adopting the budget for the City of Coppell for the Fiscal
Year October 1, 2002 through September 30, 2003, and authorizing the
Mayor to sign. Councilmember Tunnell seconded the motion; the motion
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carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau,
Peters, Raines, Tunnell, Herring and York voting in favor of the motion.
13. Consider approval of an Ordinance of the City of Coppell, Texas
levying the Ad valorem taxes for the year 2002 at .6486/$100
taxable valuation of which .43296 for operations and
maintenance and .21564 for interest and sinking, and
authorizing the Mayor to sign.
Action:
Mayor Pro Tem Stover moved to approve Ordinance No. 2002-1008
levying the Ad valorem taxes for the year 2002 at .6486/$100 taxable
valuation of which .43296 for operations and maintenance and .21564
for interest and sinking, and authorizing the Mayor to sign.
Councilmember Peters seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines,
Tunnell, Herring and York voting in favor of the motion.
14. PUBLIC HEARING (CONTINUED):
Consider approval of text amendments to Chapter 12, Zoning,
of the Code of Ordinances, to provide a definition, regulations
and districts permitted for group homes.
Presentation:
Mayor Sheehan advised that this hearing remains open and advised that
council would like to close the Public Hearing and remand the item back
to the Planning & Zoning Commission to look at an ordinance for group
homes with over six persons with two caregivers that are not covered by
Texas code and/or the Federal Fair Housing Act.
Action:
Councilmember Tunnell moved to close the Public Hearing and remand
this item back to the staff and Planning & Zoning Commission for further
review. Councilmember York seconded the motion; the motion carried
7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters,
Raines, Tunnell, Herring and York voting in favor of the motion.
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15. PUBLIC HEARING:
Consider approval of Case No. ZC-610(CH)/PD-198, zoning
change request from C (Commercial) to PD-198-SF-7 (Planned
Development-198-Single-family-7), to recognize existing
residential single-family uses on approximately nine acres of
property located along Bullock and Howell Drives.
Presentation:
Gary Sieb, Director of Planning and Community Services, made a
presentation to the Council.
Public Hearing:
Mayor Sheehan opened the Public Hearing and asked for those who had
signed up to speak on this proposal.
Rich Pilone, 801 Howell Drive and Jerry Nisbett, 511 Beesley, Lewisville
spoke in favor of the proposal.
Action:
Councilmember Peters moved to close the Public Hearing and approve
Case No. ZC-610(CH)/PD-198, zoning change request from C
(Commercial) to PD-198-SF-7 (Planned Development-198-Single-family-
7), to recognize existing residential single-family uses on approximately
nine acres of property located along Bullock and Howell Drives; subject
to the following conditions:
1) Use Regulations
A building or premise shall be used only for the following
purposes:
A) Any use permitted in the SF-ED, SF-18, SF-12 or SF-9
districts;
B) Home occupation; and
C) Such uses as may be permitted under the provisions
of special use permits in the Sections 12-30-5 and
12-30-6 of the Zoning Ordinance;
2) Maximum height regulations
The maximum height regulations will be 35 feet nor more
than two-stories in height;
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Page 10 of 17
3) Area regulations
A) Minimum size of yards
i) Front yard: 25 feet;
ii) Side yard: Eight feet. Adjacent to a side street,
15 feet. Allowable non-residential uses, 25 feet;
iii) Rear yard: 20 feet;
B) Minimum size of lot:
i) Lot area: 7,000-square feet;
ii) Lot width: 65 feet;
iii) Lot depth: 100 feet;
4) Minimum dwelling size: 1,200-square feet, exclusive of garages,
breezeways, and porches;
5) Lot coverage: the combined area of the main buildings and
accessory buildings may cover 40 percent of the total area;
6) Two off-street parking spaces shall be provided per dwelling unit;
7) Type of Exterior Construction:
A) All structures in existence at the time of this ordinance shall
be considered conforming as to the masonry requirements;
B) Additions to existing homes may be of similar material as the
materials of the existing structures, subject to compliance
with a current building code requirements;
C) All new residential construction shall be as follows: at least
80 percent of the exterior walls of the first floor of all
structures shall be of masonry construction exclusive of
doors, windows, and the area above the top plate line. Each
story above the first floor of a straight wall structure shall be
at least 80 percent masonry exclusive of doors, windows and
the area above the top plate line.
8) All residential structures are deemed conforming. Construction of
new homes shall adhere to the regulations as set forth herein.
9) The addresses of 101 and 103 Bullock not be included.
Councilmember York seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines,
Tunnell, Herring and York voting in favor of the motion.
CM091002
Page 11 of 17
16. PUBLIC HEARING:
Consider approval of Case No. S-1146R, 416 Bethel Road,
zoning change request from HO-R-S-1146 (Historic Overlay–
Retail-Special Use Permit-1146) to HO-R-S-1146R (Historic
Overlay–Retail-Special Use Permit-1146 Revised) to allow the
relocation, expansion and renovation of an existing storage
building into a 256 square-foot office located north of the
existing building at 416 Bethel Road.
Presentation:
Gary Sieb, Director of Planning and Community Services, made a
presentation to the Council.
Public Hearing:
Mayor Sheehan opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember Peters moved to close the Public Hearing and approve
Case No. S-1146R, 416 Bethel Road, zoning change request from
HO-R-S-1146 (Historic Overlay–Retail-Special Use Permit-1146) to
HO-R-S-1146R (Historic Overlay–Retail-Special Use Permit-1146 Revised)
to allow the relocation, expansion and renovation of an existing storage
building into a 256 square-foot office located north of the existing
building at 416 Bethel Road; subject to the following conditions:
1) Irrigated landscape area shall be provided as shown on the Site
Plan. Specifically, landscaping shall be as follows:
All vehicular pavement shall be screened from
front and side property lines with a hedge at
least 30 inches in height at the time of planting
and consisting of a minimum of 30 plants. All
plants shall be of the same variety, the plant
variety to be one of the following: abelia,
eleagnus, holly, nandina, or any draught
resistant plantings per the attached Plant
Palette. Fifteen plants shall be placed east of the
driveway entrance, spaced at 3' on center. The
other 15 plants shall be placed west of the
driveway entrance, spaced at 3' on center. Plant
CM091002
Page 12 of 17
materials which die shall be replaced with plant
material of the same variety and size.
2) The development of the property shall be in accordance with the
revised Site Plan.
Councilmember York seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines,
Tunnell, Herring and York voting in favor of the motion.
17. PUBLIC HEARING:
Consider approval of Case No. S-1198R, Assured Self Storage,
zoning change request from LI-S-1198 (Light Industrial-Special
Use Permit-1198) to LI-S-1198R (Light Industrial-Special Use
Permit-1198 Revised), to amend the site plan and increase the
size of the mini-warehouse facility with on-premise use
(caretakers quarters) to approximately 75,000-square feet on
4.83 acres of property located along the south side of Belt Line
Road, approximately 4,100 feet east of MacArthur Boulevard.
Presentation:
Gary Sieb, Director of Planning and Community Services, made a
presentation to the Council and advised that a 3/4 vote would be
required to approve this item due to the opposition received.
Walter Nelson, Applicant, made a presentation to the Council.
Public Hearing:
Mayor Sheehan opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember York moved to close the Public Hearing and approve
Case No. S-1198R, Assured Self Storage, zoning change request from
LI-S-1198 (Light Industrial-Special Use Permit-1198) to LI-S-1198R
(Light Industrial-Special Use Permit-1198 Revised), to amend the site
plan and increase the size of the mini-warehouse facility with on-premise
use (caretakers quarters) to approximately 75,000-square feet on 4.83
acres of property located along the south side of Belt Line Road,
approximately 4,100 feet east of MacArthur Boulevard. Councilmember
CM091002
Page 13 of 17
Raines seconded the motion; the motion carried 7-0 with Mayor Pro Tem
Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring
and York voting in favor of the motion.
18. Consider approval of the Assured Self Storage Addition, Lot 1,
Block 1, Minor Plat, to allow the construction of an
approximately 75,000 square-foot mini-warehouse facility with
on-premise residential use (caretakers quarters) on 4.83 acres
of property located along the south side of Belt Line Road,
approximately 4,100 feet east of MacArthur Boulevard.
Presentation:
Gary Sieb, Director of Planning and Community Services, made a
presentation to the Council.
Action:
Councilmember York moved to approve the Assured Self Storage
Addition, Lot 1, Block 1, Minor Plat, to allow the construction of an
approximately 75,000 square-foot mini-warehouse facility with on-
premise residential use (caretakers quarters) on 4.83 acres of property
located along the south side of Belt Line Road, approximately 4,100 feet
east of MacArthur Boulevard. Councilmember Peters seconded the
motion; the motion carried 7-0 with Mayor Pro Tem Stover and
Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York
voting in favor of the motion.
19. PUBLIC HEARING:
Consider approval of Case No. S-1188R, Pan Acean Noodle Shop
& Grill, zoning change from C-S-1188 (Commercial-Special Use
Permit-1188) to C-S-1188R (Commercial-Special Use Permit-
1188 Revised), to allow an additional attached sign for the
restaurant and private club to be located in the Coppell
Crossing IV Shopping Center at 777 S. MacArthur Blvd.
Presentation:
Gary Sieb, Director of Planning and Community Services, made a
presentation to the Council.
CM091002
Page 14 of 17
Public Hearing:
Mayor Sheehan opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember Tunnell moved to close the Public Hearing and approve
Case No. S-1188R, Pan Acean Noodle Shop & Grill, zoning change from
C-S-1188 (Commercial-Special Use Permit-1188) to C-S-1188R
(Commercial-Special Use Permit-1188 Revised), to allow an additional
attached sign for the restaurant and private club to be located in the
Coppell Crossing IV Shopping Center at 777 S. MacArthur Blvd.; subject
to the following conditions:
1) The hours of operation shall be Sunday through Saturday from 11
a.m. to 12 p.m. (midnight);
2) The external illumination adjacent to the retail facility shall remain
on during the hours of operation; and
3) The site shall be developed in accordance with the approved site
plan, elevations, floor plan and revised sign plan.
Councilmember York seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines,
Tunnell, Herring and York voting in favor of the motion.
20. Consider approval of the Coppell Bible Fellowship, Site Plan, to
allow the development of an approximately 20,000 square-foot
church building, indicating future expansion phases of
approximately 52,750 square-feet, on 8.2 acres of property
located at the southeast corner of Sandy Lake and State Roads.
Presentation:
Gary Sieb, Director of Planning and Community Services, made a
presentation to the Council.
Action:
Councilmember York moved to approve the Coppell Bible Fellowship, Site
Plan, to allow the development of an approximately 20,000 square-foot
church building, indicating future expansion phases of approximately
CM091002
Page 15 of 17
52,750 square-feet, on 8.2 acres of property located at the southeast
corner of Sandy Lake and State Roads; subject to the following condition:
1) The City's Landscape Manager's approval of the tree protection
plan and tree removal permit prior to any construction on this site.
Councilmember Herring seconded the motion; the motion carried 7-0
with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters,
Raines, Tunnell, Herring and York voting in favor of the motion.
21. Consider approval of the Coppell Bible Fellowship Addition, Lot
1, Block A, Minor Plat, to allow the development of an
approximately 20,000 square-foot church building, indicating
future expansion phases of approximately 52,750-square feet
on 8.2 acres of property located at the southeast corner of
Sandy Lake Road and State Road.
Presentation:
Gary Sieb, Director of Planning and Community Services, made a
presentation to the Council.
Action:
Councilmember York moved to approve the Coppell Bible Fellowship
Addition, Lot 1, Block A, Minor Plat, to allow the development of an
approximately 20,000 square-foot church building, indicating future
expansion phases of approximately 52,750-square feet on 8.2 acres of
property located at the southeast corner of Sandy Lake Road and State
Road; subject to the following condition:
1) Replatting of this property will be required when future phases are
developed to extend the fire lanes.
Councilmember Peters seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines,
Tunnell, Herring and York voting in favor of the motion.
22. Consider approval of an ordinance amending the code of
ordinances by amending Chapter 6, Article 6-2 for peddlers and
solicitors by providing a definition for canvassing; by amending
the circumstances which require non-charitable solicitations
CM091002
Page 16 of 17
to obtain a permit; providing provisions for the requirements
for permits; amending the provisions regarding the charitable
solicitation requirements; providing for hours of solicitation or
canvassing; providing for the posting of notice prohibiting
solicitors, handbills, and/or canvassing; providing
circumstances to permit and/or prohibit solicitation in the
public right-of-way; providing for exemptions to the ordinance;
providing a repealing clause; providing a severability clause;
providing a savings clause; providing a penalty of fine not to
exceed the sum of Two Hundred Dollars ($200.00) for each
offense; providing an effective date, and authorizing the Mayor
to sign.
Presentation:
City Attorney Robert Hager indicated that enforcement on this ordinance
would not begin until December 1, 2002.
Action:
Councilmember York moved to approve Ordinance No. 2002-1009
amending the code of ordinances by amending Chapter 6, Article 6-2 for
peddlers and solicitors by providing a definition for canvassing; by
amending the circumstances which require non-charitable solicitations
to obtain a permit; providing provisions for the requirements for permits;
amending the provisions regarding the charitable solicitation
requirements; providing for hours of solicitation or canvassing; providing
for the posting of notice prohibiting solicitors, handbills, and/or
canvassing; providing circumstances to permit and/or prohibit
solicitation in the public right-of-way; providing for exemptions to the
ordinance; providing a repealing clause; providing a severability clause;
providing a savings clause; providing a penalty of fine not to exceed the
sum of Two Hundred Dollars ($200.00) for each offense; providing an
effective date, and authorizing the Mayor to sign. Councilmember
Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem
Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring
and York voting in favor of the motion.
23. Necessary action resulting from Work Session.
There was no action necessary under this item.
CM091002
Page 17 of 17
24. Mayor and Council Reports.
A. Report by Mayor Sheehan regarding Keep Coppell
Beautiful activities.
B. Report by Mayor Sheehan regarding Dallas Regional
Mobility Coalition.
C. Report by Mayor Sheehan regarding Tex 21 meetings.
A. Mayor Sheehan reported that Amanda Vanhoosier, Community
Programs Coordinator, and her staff had presented a great seminar
for Water Wise Yard Wise; and announced that the Wildflower
Planting would be Saturday, September 28 from 9 a.m. to 10 a.m.
B. Mayor Sheehan advised she had attended a meeting of the Dallas
Regional Mobility Coalition and they were thinking of putting a
lower priority on HOV lanes; trucks traveling through cities was
discussed; right-of-way issues were being looked at for the
George W. Bush freeway on the section closest to Coppell; a first
meeting is coming up on the DART subcommittee; and there is $3
million of federal funds available for getting children safely to
school and Riverchase right-of-way and trails in Andy Brown Park
West were being looked at.
C. Mayor Sheehan announced she attended the Transportation
Summit and she was impressed with the Tex 21 leadership.
25. Necessary Action Resulting from Executive Session.
There was no action necessary under this item.
There being no further business to come before the City Council, the meeting
was adjourned.
____________________________________
Candy Sheehan, Mayor
ATTEST:
______________________________________
Libby Ball, City Secretary
AGE N DA R E QU E S T FO R M
ITEM 10/B CITY COUNCIL MEETING: September 24, 2002
ITEM CAPTION: Consider approval of awarding Bid/Contract #Q-0802-01 for a sign lettering machine to
Traffic & Parking Control Company, Inc. (Tapco) in the amount of $51,746.30 as budgeted in the Traffic
Control Division budget.
SUBMITTED BY: Glenn D. Hollowell, P.E.
TITLE: Asst. Director of Public Works
STAFF COMMENTS:
Executive Summar y:
The purchase of the sign lettering machine will increase capability, productivity and flexibility of the Traffic
Control Division by allowing custom designed signs in a CAD format. The machine provides more graphics
and larger letter size than the current machine. .
Recommendation:
Staff recommends awarding the Bid/Contract for a sign lettering machine to Traffic & Parking Control
Company, Inc. (Tapco) in the amount of $51,746.30.
Staff will be available to answer any questions at the Council meeting.
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
`````
Agenda Request Form – Revised 5/00
Document Name: #eng1-1AR.doc
AGE N DA R E QU E S T FO R M
ITEM # 10/C CITY COUNCIL MEETING: September 24, 2002
ITEM CAPTION:
Consider approval of an Ordinance amending the Coppell Code of Ordinances, Chapter 6-2 for Peddlers and
Solicitors by providing for exceptions to the permit requirements; and authorizing the Mayor to sign.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: %solicitorord
ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE
CODE OF ORDINANCES BY AMENDING CHAPTER 6, ARTICLE 6-2
FOR PEDDLERS AND SOLICITORS BY AMENDING SECTION 6-2-5 TO
PROVIDE FOR EXEMPTIONS TO THE PERMIT REQUIREMENTS
PROVIDED IN SECTIONS 6-2-2 THROUGH 6-2-8; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE
NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00)
FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 6, Article 6-2, Section 6-2-5 to read as follows:
"Sec. 6-2-5. Exemptions.
The provisions of Sections 6-2-2 through 6-2-8, of this Article, concerning
registration and permitting do not apply to public utility companies . . . and others licensed
by the state."
SECTION 2. 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 3 That should any word, phrase, paragraph, section or phrase of this ordinance
or of the Code of Ordinances, as amended hereby, be 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 Code of Ordinances as a whole.
1 50712
SECTION 4. An offense committed before the effective date of this ordinance is governed
by 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 any person, firm or corporation violating any of the provisions or terms
of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a
misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be
subject to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense, and
each and every day such violation is continued shall be deemed to constitute a separate offense.
SECTION 6. 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 provides.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2002.
APPROVED:
_________________________________________
CANDY SHEEHAN, MAYOR
ATTEST:
_________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 09/18/02)
2 50712
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 6,
ARTICLE 6-2 FOR PEDDLERS AND SOLICITORS BY AMENDING
SECTION 6-2-5 TO PROVIDE FOR EXEMPTIONS TO THE PERMIT
REQUIREMENTS PROVIDED IN SECTIONS 6-2-2 THROUGH 6-2-8;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY
OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS
($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2002.
APPROVED:
___________________________________
CANDY SHEEHAN, MAYOR
ATTEST:
_________________________________________
LIBBY BALL, CITY SECRETARY
AGE N DA R E QU E S T FO R M
ITEM # 10/D CITY COUNCIL MEETING: September 24, 2002
ITEM CAPTION:
Consider approval of a resolution approving the formation of a regional law enforcement mutual aid
task force agreement with other area law enforcement agencies for the pur poses of providing and receiving
law enforcement assistance; and authorizing the Mayor to sign.
SUBMITTED BY: Roy L. Osbor ne
TITLE: Chief of Police
STAFF COMMENTS:
The Coppell Police Department and the law enforcement agencies in the greater Dallas-Ft. Worth area
have recognized the necessity and desirability of entering into a “Regional Law Enforcement Interlocal
Assistance Agreement.”
In furtherance of this objective, an agreement has been drafted and coordinated with the North Texas
Police Chiefs Association, and other interested regional police agencies. The proposed agreement establishes
a regional mutual aid law enforcement assistance to cooperate in the deliver y of public safety services to
protect health, life and property. Statutor y authority for such mutual aid agreements is contained in Chapter
791 of the Texas Gover nment Codes and Section 362.002 of the Texas Local Government Code.
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: )inter.res
MEMO
Date:August 30, 2002
To:Jim Witt, City Manager
From:Roy L. Osborne, Chief of Police
Subject: Greater Dallas-Ft. Worth Regional Law Enforcement
Interlocal Assistance Agreement
The Coppell Police Department and the law enforcement agencies in the greater Dallas-Ft.
Worth area have recognized the necessity and desirability of entering into a “Regional Law
Enforcement Interlocal Assistance Agreement.”
In furtherance of this objective, an agreement has been drafted and coordinated with the North
Texas Police Chiefs Association, and other interested regional police agencies. The proposed
agreement establishes a regional mutual aid law enforcement assistance to cooperate in the
delivery of public safety services to protect health, life and property. Statutory authority for such
mutual aid agreements is contained in Chapter 791 of the Texas Government Codes and Section
362.002 of the Texas Local Government Code.
This proposed mutual aid agreement allows for a member law enforcement agency to call upon
other member agency(s) for assistance of additional personnel and equipment. The providing of
assistance is discretionary with the requested member, and is subject to the availability of
resources. No contractual obligation to provide resources is created, and all obligations under
this agreement are voluntary.
When law enforcement personnel and equipment are furnished pursuant to this agreement, they
will be under the command of the requesting member’s chief law enforcement officer or his
designee. The responding member has, however, (in his sole discretion) the option to withdraw
personnel and/or equipment and discontinue participation in any activity initiated pursuant to this
agreement.
As required by Chapter 791, the Interlocal Cooperation Contracts, the proposed agreement states
that law enforcement officers assigned, designated, or ordered to perform law enforcement duties
pursuant thereto shall receive the same wage, salary, pension, and all other compensation and all
other rights for such services, including injury or death benefits, and workers compensation
benefits, the same as though the service has been rendered within the limits of the member where
the employee is regularly employed. In this connection, the agreement further provides that all
wage and disability payments, including worker’s compensation benefits, pension payments,
damage to equipment and clothing, medical expenses and expenses of travel, food and lodging
shall be paid by the member which regularly employs such persons. Provisions of the agreement
also state that in the event of a law suit, the officer concerned will be defended by the jurisdiction
where he/she is regularly employed. Each party to the agreement expressly waives all claims
against other member agencies.
This agreement becomes effective between the parties immediately upon execution. Any party
to the agreement may terminate participation in the agreement by giving thirty (30) days written
notice.
I believe this regional mutual assistance agreement will benefit the City of Coppell. We have
always been ready to respond to other jurisdictions with manpower and equipment, and
occasionally we have received like responses from those other jurisdictions. This agreement
clarifies the responsibilities and points out the legal issues involved.
I hereby recommend our City Council pass a resolution authorizing our participation. Should
you have additional questions regarding this proposed agreement, please contact me directly.
Roy L. Osborne, Chief of Police
City of Coppell
DFW Regional Mut. Aid Agreement - Page 1
GREATER DALLAS-FORT WORTH REGIONAL
LAW ENFORCEMENT MUTUAL AID TASK FORCE
AGREEMENT
1. Preamble:
WHEREAS, the governmental entities which are parties to this agreement desire
to form a law enforcement mutual aid task force to cooperate in the investigation of
criminal activity; enforcement of the laws of this State; and, to protect health, life and
property from riot, disaster, threat of concealed explosives, unlawful assembly
characterized by force and violence or threatened violence by groups of three or more
persons; and,
WHEREAS, Chapter 791, et. seq. of the Texas Government Code authorizes local
government entities to enter into Interlocal Contracts and Section 362.002 of the Texas
Local Government Code specifically authorizes Mutual Aid Task Force agreements such
as this agreement;
NOW, THEREFORE, it is mutually agreed by the parties hereto to enter into this
Agreement upon the following terms:
2. Definitions:
The following terms shall have the following meanings when used in this
Agreement:
“Law Enforcement Officer” means any commissioned peace
officer as defined under the Texas Code of Criminal Procedure.
“Member” means any local government entity, including the
Dallas-Fort Worth International Airport Board (hereinafter “DFW
Airport”), which is a party to this Agreement.
“Chief Law Enforcement Officer” means the Chief of Police or the
Director of Public Safety of a municipality or DFW Airport, or the Sheriff
of a County.
“Requesting Member” means a member who requests law
enforcement assistance from another member under this Agreement.
“Responding member” means a member to whom a request for
assistance is directed by a requesting member under this Agreement.
DFW Regional Mut. Aid Agreement - Page 2
3. Name:
The members hereby form a mutual aid law enforcement task force to be named
the Greater Dallas-Forth Worth Regional Law Enforcement Mutual Aid Task Force
(hereinafter “Task Force”).
4. Purpose:
The purpose of the Task Force is to cooperate in the investigation of criminal
activity; enforcement of the laws of this State; and, to protect health, life and property
from riot, disaster, threat of concealed explosives, unlawful assembly characterized by
force, and violence or threatened violence by groups of three or more persons.
5. Request for Assistance:
Any request for assistance under this Agreement shall, when reasonably possible,
include a statement of the amount and type of equipment and number of law enforcement
personnel requested, and shall specify the location to which the equipment and personnel
are to be dispatched. However, the amount and type of equipment and number of
personnel actually furnished by a responding member shall be determined by the
responding member’s chief law enforcement officer or his designee.
6. Response to Request for Assistance:
Responding members will assign law enforcement officers to perform law
enforcement duties outside the responding member’s territorial limits, but within the
territorial limits of a requesting member, subject to the responding member’s
determination of availability of personnel and discretion when:
A. Such assignment is requested by the chief law enforcement officer or his
designee, of a requesting member, and
B. The chief law enforcement officer, or his designee, of the responding
member has determined, in his sole discretion, that the assignment is necessary to fulfill
the purposes of this agreement in providing police protection and services within the
territorial limits of the requesting member.
7. Operational control:
All personnel of the responding member shall report to the requesting member’s
officer in tactical control at the location to which said law enforcement personnel have
been dispatched and shall be under the operational command of the requesting member’s
chief law enforcement officer or his designee.
DFW Regional Mut. Aid Agreement - Page 3
8. Release:
Law Enforcement Officers of the responding member will be released by the
requesting member when their services are no longer necessary.
9. Withdrawal from Response:
The chief law enforcement officer, or his designee, of the responding member, in
his sole discretion, may at any time withdraw the personnel and equipment of the
responding member or discontinue participation in any activity initiated pursuant to this
Agreement.
10. Qualifications of Office and Oath:
While any law enforcement officer regularly employed by a responding member
is in the service of the requesting member under this Agreement, said law enforcement
officer shall be deemed to be a peace officer of the requesting member and be under the
command of the requesting member’s chief law enforcement officer with all powers of a
law enforcement officer of the requesting member as if said law enforcement officer were
within the territorial limits of the governmental entity where said officer is regularly
employed. The qualifications of office of said law enforcement officers where regularly
employed shall constitute his or her qualifications for office within the territorial limits of
the requesting member and no additional oath, bond or compensation shall be required.
11. Right to Reimbursement:
Each party to this agreement, when providing services of personnel as a
responding party, expressly waives the right to receive reimbursement for services
performed or equipment utilized under this Agreement even though a request for such
reimbursement may be made pursuant to Chapter 362 of the Texas Local Government
Code.
12. Officer Benefits:
Any law enforcement officer or other police personnel assigned to the assistance
of another member pursuant to this Agreement shall receive the same wage, salary,
pension, and all other compensation in all other rights of employment in providing such
service, including injury, death benefits and worker compensation benefits and well as
any available insurance, indemnity or litigation defense benefits Said benefits shall be
the same as though the law enforcement officer or personnel in question had been
rendering service within the territorial limits of the member where he or she is regularly
employed. All wage and disability payments, including worker compensation benefits,
pension payments, damage to equipment, medical expenses, travel, food and lodging
shall be paid by the member which regularly employs the officer providing service
pursuant to this Agreement in the same manner as though such service had been rendered
within the limits of the member where such person or law enforcement officer is
DFW Regional Mut. Aid Agreement - Page 4
regularly employed. Each responding member shall remain responsible for the payment
of salary and benefits as well as for legal defense of the responding member’s officers or
personnel when acting pursuant to this agreement.
13. Liability:
In the event that any person performing law enforcement services pursuant to this
Agreement shall be named or cited as a party to any civil claim or lawsuit arising from
the performance of their services, said person shall be entitled to the same benefits from
their regular employer as they would be entitled to receive if such similar action or claim
had arisen out of the performance of their duties as a member of the department where
they are regularly employed and within the jurisdiction of the member by whom they are
regularly employed. The Members hereby agree and covenant that each Member shall
remain solely responsible for the legal defense and any legal liability due to the actions of
an officer or other personnel regularly employed by said member. Nothing herein shall
be construed to expand or enlarge the legal liability of a Member for any alleged acts or
omissions of any employee beyond that which might exist in the absence of this
Agreement. Nothing herein shall be construed as a waiver of any legal defense of any
nature whatsoever to any claim against a Member or against an officer or employee of a
Member.
14. Waiver of Claims:
Each party of this Agreement to its members respectively waives all claims
against each and every other party or member for compensation from any loss, damage,
personal injury or death occurring as a consequence of the performance of this
Agreement even though such alleged damage may have or is alleged to have occurred as
a result of alleged negligent or other tortious conduct of any party to this Agreement.
15. Immunity Not Waived:
The parties hereto expressly do not waive any immunity or other defenses to any
civil claims with the execution of this agreement. It is understood and agreed that, by
executing this Agreement, no party or member hereto waives, nor shall be deemed hereby
to waive, any immunity or defense which otherwise is available in claims arising which
are signs of or connection with, any activity conducted pursuant to this Agreement.
16. Venue:
Each party to this Agreement agrees that if legal action is brought under this
Agreement, the venue shall lie in the county in which the defendant member is located,
and if located in more than one county, then it shall lie in the county in which the
principal offices of said defendant member are located. The Parties hereby stipulate and
agree that this Agreement is to be construed and applied under Texas law.
DFW Regional Mut. Aid Agreement - Page 5
17. Arrest Authority Outside Primary Jurisdiction:
It is expressly agreed and understood that a law enforcement officer employed by
a responding party who performs activities pursuant to this Agreement may make arrests
outside the jurisdiction in which said officer is regularly employed, but within the area
covered by this Agreement; provided, however, that the law enforcement agency of the
requesting jurisdiction and/or the jurisdiction in which the arrest is made shall be notified
of such arrest without unreasonable delay. The police officers employed by the parties to
this Agreement shall have such investigative or other law enforcement authority in the
jurisdictional area encompassed by the members, collectively, to this Agreement as is
reasonable and proper to accomplish the purposes for which a request for mutual aid
assistance is made pursuant to this Agreement.
18. Clauses Severable:
The provisions of this Agreement are to be deemed severable such that should any
one or more of the provisions or terms contained in this Agreement be, for any reason,
held to be invalid, illegal, void, or unenforceable; such holding shall not affect the
validity of any other provision or term herein and the agreement shall be construed as if
such invalid, unenforceable, illegal or void provision or term did not exist.
19. Termination:
Any Party to this Agreement may terminate it’s participation or rights and
obligations as a Party by providing thirty (30) days written notice via certified mail to the
Chief Law Enforcement Officer of every other Party. Should one Party terminate its
participation in, or withdraw from, this Agreement, such termination or withdrawal shall
have no effect upon the rights and obligations of the remaining Parties under this
Agreement.
20. Effective Date:
This Agreement becomes effective immediately upon the execution by the Parties
hereto and continues to remain in effective until terminated pursuant to Section 19 above.
21. Modification:
This Agreement may be amended or modified by the mutual agreement of the
parties hereto in writing to be attached to and incorporated into this Agreement. This
instrument contains the complete agreement of the parties hereto and any oral
modifications, or written amendments not incorporated to the Agreement, shall be of no
force or effect to alter any term or condition herein.
DFW Regional Mut. Aid Agreement - Page 6
22. Execution of Agreement:
This Agreement shall be executed by the duly authorized official of the respective
Parties pursuant to approving resolutions of the governing body of the respective units of
local government. Copies of said approving resolutions shall be attached hereto and made
a part hereof. This agreement may be executed in multiple original copies by the
respective Parties.
23. Compliance with Law:
The Parties shall observe and comply with all applicable Federal, State and Local
laws, rules, ordinances and regulations that affect the provision of services provided
herein.
24. Interjurisdictional Pursuit Agreement:
The Parties hereto expressly understand and agree that this agreement does not in
any way modify or restrict the procedures or guidelines which are followed by any law
enforcement agency or Member pursuant to the Inter-Jurisdictional Pursuit Policy
Agreement to which some Members or their law enforcement agencies, may be parties.
To the extent any provision of, or action taken pursuant to, the Inter-Jurisdictional
Pursuit Policy Agreement may be construed to conflict with the terms and conditions of
this Agreement, the terms of the Inter-Jurisdictional Pursuit Policy Agreement shall
control as to those particular actions.
25. Coordinating Agency.
The Parties hereby agree that the City of Highland Park Department of Public
Safety shall served as the Coordinating Agency of the Agreement. The Chief Law
Enforcement Officer, or his designee, of said Coordinating Agency shall maintain on file
executed originals of this Agreement, related resolutions or orders of the Parties and other
records pertaining to this Agreement. Said Coordinating Agency shall notify all
members of the identity of the current Parties hereto every twelve (12) months.
Executed and entered into on this ______ day of __________________, 2002 by:
Member Agency: Coppell Police Department
Authorized official:
Printed name: Roy L. Osborne
Title: Chief of Police
Date of governing body approving resolution:
Pursuit Agreement, page 1
INTER-JURISDICTIONAL PURSUIT POLICY AGREEMENT
I. General Considerations
A. If the reason or nature of a pursuit is in conflict with an agency’s pursuit
policy, that agency may decline to participate in the pursuit even though
that agency’s assistance has been requested.
B. Any agency involved in the pursuit may, in its discretion, choose to
terminate its involvement in a pursuit at any time.
C. The purpose and intent of this agreement is to coordinate law enforcement
response to the emergency conditions caused by vehicular pursuits. This
agreement is not to be construed to limit the legal authority of any law
enforcement agency or officer. Nor is this agreement to be construed to
impose any standard of conduct or care upon any officer or agency beyond
that existing under applicable law. This agreement is intended by the
participating agencies to be in full force and effect as the general order of
each such participating agency.
II. Notifications
A. Before entering another jurisdiction, or as soon as practical, the pursuing
agency will, if reasonably possible, notify the other jurisdictional agency
of the following information:
1. A pursuit has entered or is about to enter their jurisdiction.
2. The location and direction of travel.
3. The primary offense for which the vehicle and occupants are
wanted.
4. The vehicle license number and complete description of vehicle
and occupants.
5. The number and description of pursuing units as well as their
relative location to the vehicle being pursued.
6. Whether or not assistance is needed.
B. As appropriate, the initial agency will notify the jurisdictional agency that
the pursuit is: (1) leaving the jurisdiction; (2) has been discontinued; or,
(3) has ceased and of the ending location.
Pursuit Agreement, page 2
III. Control of the Pursuit
A. The initiating agency will have control of and will be responsible for the
pursuit. Other agencies will not participate unless requested to assist.
B. A total of no more than three (3) vehicles from the combined jurisdictions
will be involved in any pursuit unless the controlling supervisor from the
originating agency requests or approves additional assistance. At least one
of the three involved units should, if practical, be a supervisor. One
additional unit from the jurisdiction through which the pursuit is
proceeding may trail the pursuit by keeping the pursuit in sight from a
distance to assist officers if needed.
IV. Prohibited Practices
A. The intentional use of roadblocks designed to stop the pursued vehicle
unless necessary to protect against the imminent death or serious bodily
injury to an officer or another person.
B. Intentional bumping or ramming of the pursued vehicle unless necessary
to protect against the imminent death or serious bodily injury to an officer
or another person.
C. Intentionally forcing the pursued vehicle off the roadway unless necessary
to protect against the imminent death or serious bodily injury to an officer
or another person.
D. Pursuing a vehicle the wrong way on a one-way street or the wrong way
on a divided roadway.
E. Shooting at the pursued vehicle, unless necessary to protect against the
imminent death or serious bodily injury to an officer or another person.
F. Deployment or use of “stop sticks” or “road spikes” unless the officer
deploying the device has been appropriately trained in said deployment
and the deploying officer is authorized to deploy the device by his
employing agency.
Pursuit Agreement, page 3
V. Responsibilities
A. Initiating agency
1. Arrest and custody of the persons charged.
2. Arraignment of arrested persons.
3. Disposition of any passenger.
4. Disposition of the arrested person’s vehicle.
5. Coordination of all reports related to the arrest, citations and
criminal charges.
B. Agency of Primary Jurisdiction
1. Reporting of any traffic collision(s) that occur as a result of a
pursuit.
2. As a matter of professional courtesy, a supervisor from the agency
where the pursuit ceases will respond to the location to offer
immediate assistance at the scene and to determine any pertinent
information regarding the pursuit.
On behalf of the Agency or Entity reflected below, I agree to follow the terms and
conditions of this Agreement.
Coppell Police Department
Participating Agency
Chief Law Enforcement Officer
Roy L. Osborne
Printed name
Chief of Police
Title
_______________________________________
Date
1
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS,
APPROVING THE FORMATION OF A REGIONAL LAW
ENFORCEMENT MUTUAL AID TASK FORCE AGREEMENT WITH
OTHER AREA LAW ENFORCEMENT AGENCIES FOR THE PURPOSES
OF PROVIDING AND RECEIVING LAW ENFORCEMENT ASSISTANCE;
AUTHORIZING THE MAYOR TO EXECUTE THE APPROPRIATE
DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Coppell desires to contribute to the protection and safety of
citizens in this City and in surrounding communities; and
WHEREAS, the legislature has authorized the formation of Interlocal assistance
agreements between and among the cities and their law enforcement agencies; and
WHEREAS, the City of Coppell wishes to participate in an Interlocal assistance agreement
among local law enforcement agencies in the greater Dallas-Fort Worth North Texas area for the
purpose of providing and receiving law enforcement assistance; and
WHEREAS, the City of Coppell and other local law enforcement agencies have
recommended approval of an Interlocal assistance agreement to be known as Greater Dallas-Fort
Worth Regional Law Enforcement Mutual Aid Task Force Agreement; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1.That the Mayor is hereby authorized to execute the "Greater Dallas-Fort
Worth Regional Law Enforcement Mutual Aid Task Force Agreement," a copy of which is attached
hereto and incorporated herein by reference, for the purposes recited therein.
SECTION 2.That this Resolution 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, this the _______ day of
___________________, 2002.
2
APPROVED:
_________________________________________
CANDY SHEEHAN, MAYOR
ATTEST:
_________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 09/16/02) (50314)
AGE N DA R E QU E S T FO R M
ITEM # 10/E CITY COUNCIL MEETING: September 24, 2002
ITEM CAPTION: Consider approval of an Ordinance of the City of Coppell, Texas, approving an
amendment to Ordinance No. 2001-959, the budget for Fiscal Year October 1, 2001 through September 30,
2002, and authorizing the Mayor to sign.
SUBMITTED BY: Jennifer Armstrong
TITLE: Director of Finance
STAFF COMMENTS: This amendment is being brought forward as the final estimate for the various funds
operated by the City.
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: $Budget Amendment-Agenda Request
MEMORANDUM
Date:September 17, 2002
To:Mayor and Council
From:Jennifer Armstrong, Director of Finance
Via:Clay Phillips, Deputy City Manager
Subject:Budget Amendment - Fiscal Year 2001-02
This budget amendment is being brought forward to amend revenues and expenditures based on
revised projections.
Police Special Revenue Fund
Revenues are being increased by $14,484. This is associated with the donations received for
National Night Out. The expenditures are being increased by $3,778. This is also associated
with National Night Out.
Tree Preservation Fund
Revenues and expenditures are being amended to reflect actual expectations for the fund.
Debt Service Fund
Expenditures are being increased for the costs associated with the bond refunding.
Self Insurance Fund
The revenues are being increased $107,690 due to actual premiums producing more than
originally budgeted. Expenditures are being increased by $75,000 due to our actual
medical/dental claims.
Donations
Expenditures are being increased by $30,300. The majority of this increase in expenditures is
for the Library in the amount of $25,000 and for Economic Development in the amount of
$5,000.
2
Recreational Programs Fund
Revenues and expenditures are both being increased due to the success of the Summer Camp
program.
CEDC-Special Revenue
The revenues and expenditures are being projected to reflect current expectations.
Municipal Court Special Revenue
Revenues are being decreased to reflect current expectations.
CRDC Special Revenue
The expenditures are being amended to reflect the CRDC funding of the Tennis Center.
Municipal Court Technology Fund
Revenues are being decreased to reflect current expectations.
BUDAMND.ORD
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS APPROVING AN
AMENDMENT TO THE BUDGET FOR THE CITY FOR THE FISCAL YEAR
OCTOBER 1, 2001 THROUGH SEPTEMBER 30, 2002; PROVIDING THAT
EXPENDITURES FOR SAID FISCAL YEAR SHALL BE MADE IN ACCORDANCE
WITH SAID BUDGET; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Budget Officer of the City of Coppell, Texas, did on the 2nd day of
August, 2001, file with the City Secretary, a proposed general budget for the City covering the
fiscal year aforesaid, and
WHEREAS, the City Council of the City of Coppell approved said budget on the 11th day
of September, 2001, and
WHEREAS, the governing body of the City has this date considered an amendment to
said budget;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That Section No. 2 of Ordinance No. 2001-959, for the 2001-02 Fiscal
Year Budget, is hereby amended as follows:
Police Spec. Revenue Fund Current Budget Amending Budget Change
Revenues $19,463 $33,947 $14,484
Expenditures $17,500 $21,278 3,778
Net Increase in Projected Fund Balance $10,706
Tree Preservation Fund Current Budget Amending Budget Change
Revenues $24,900 $56,550 $31,650
Expenditures $0 $17,015 17,015
Net Increase in Projected Fund Balance $14,635
BUDAMND.ORD
Debt Service Fund Current Budget Amending Budget Change
Expenditures $7,230,500 $7,284,400 $53,900
Net Decrease in Projected Fund Balance $53,900
Self Insurance Fund Current Budget Amending Budget Change
Revenues $1,390,000 $1,497,690 $107,690
Expenses $1,333,000 $1,408,000 75,000
Net Increase in Projected Retained Earnings $ 32,690
Donations Current Budget Amending Budget Change
Expenditures $62,010 $92,310 $30,300
Net Decrease in Fund Balance $30,300
Recreational Programs Current Budget Amending Budget Change
Revenues $472,750 $927,543 $454,793
Expenditures $367,805 $384,543 16,738
Net Increase in Projected Fund Balance $438,055
CEDC-Special Revenue Current Budget Amending Budget Change
Revenues $940,000 $1,101,000 $ 161,000
Expenditures $935,000 $400,000 (535,000)
Net Increase in Projected Fund Balance $ 696,000
Municipal Court Spec. Rev. Current Budget Amending Budget Change
Revenues $52,000 $30,000 ($22,000)
Net Decrease in Projected Fund Balance ($22,000)
C.R.D.C. Spec. Rev. Current Budget Amending Budget Change
Expenditures $533,526 $1,001,271 $467,745
Net Decrease in Projected Fund Balance $467,745
Municipal Court TechnologyCurrent Budget Amending Budget Change
Revenues $64,600 $37,200 ($27,400)
Net Decrease in Projected Fund Balance ($27,400)
BUDAMND.ORD
SECTION 2. EFFECTIVE DATE.
That this ordinance shall become effective immediately from and after its passage as the
law and charter in such cases provide.
DULY PASSED and adopted by the City Council of the City of Coppell, Texas, on the _____ day
of September, 2002.
APPROVED:
___________________________
CANDY SHEEHAN, MAYOR
ATTEST:
____________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_____________________________________
ROBERT E. HAGER, CITY ATTORNEY
AGE N DA R E QU E S T FO R M
ITEM # 11 CITY COUNCIL MEETING: September 24, 2002
ITEM CAPTION: Consider approval of an ordinance amending the gas franchise between the city of
Coppell and TXU Gas Company, and authorizing the Mayor to sign.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name:!Gas
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING ORDINANCE NO. 96743, IN PART, THE EXISTING
FRANCHISE BETWEEN THE CITY OF COPPELL AND LONE STAR
GAS COMPANY A/K/A TXU GAS COMPANY, BY AMENDING
SECTION 10 TO PROVIDE FOR A DIFFERENT CONSIDERATION;
PROVIDING AUTHORIZATION FOR THE LEASE OF FACILITIES
WITHIN THE CITY'S RIGHTS-OF-WAY; PROVIDING FOR
ACCEPTANCE BY TXU GAS COMPANY; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE
IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, City of Coppell (hereinafter called "City") Ordinance No. 96743, passed and
approved by the City Council on February 13, 1996, provide the existing franchise with TXU Gas
Company; and,
WHEREAS, TXU Gas Company (hereinafter called "TXU") is, through its TXU Gas
Distribution division, engaged in the business of furnishing and supplying gas to the general public
in the City, including the transportation, delivery, sale, and distribution of gas in, out of, and through
the City for all purposes, and is using the public streets, alleys, grounds and rights-of-way within the
City for that purpose under the terms of a franchise ordinance heretofore duly passed by the
governing body of the City and duly accepted by TXU Gas; and
WHEREAS, the City and TXU Gas desire to amend said franchise ordinance to provide for
a different consideration and to authorize the lease of facilities within the City's rights-of-way;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That Ordinance No. 96743, the existing gas franchise ordinance between the
City and TXU Gas Company, is hereby amended, in part, by amending Section 10 to provide for a
different consideration, as follows:
"A. Effective January 1, 2002, the consideration payable by TXU Gas for the
rights and privileges granted to TXU Gas by the franchise ordinance heretofore duly
passed by the governing body of this City and duly accepted by TXU Gas is hereby
changed to be four percent (4%) of the Gross Revenues, as defined in Section B.
below, received by TXU Gas.
1 50701
B. "Gross Revenues" shall mean all revenue derived or received, directly or
indirectly, by the Company from or in connection with the operation of the System
within the corporate limits of the City and including, without limitation:
(1) all revenues received by the Company from the sale of gas to all classes
of customers, except Residential Governmental, Commercial
Governmental, and Industrial Governmental, within the City;
(2) all revenues received by the Company from the transportation of gas
through the pipeline system of Company within the City to customers
located within the City;
(3) the value of gas transported by Company for Transport Customers
through the System of Company within the City ("Third Party Sales"),
with the value of such gas to be reported by each Transport Customer to
the Company, provided, however, that should a Transport Customer
refuse to furnish Company its gas purchase price, Company shall
estimate same by utilizing TXU Gas Distribution's monthly industrial
Weighted Average Cost of Gas, as reasonably near the time as the
transportation service is performed; and
(4) "Gross revenues" shall include:
(a) other revenues derived from the following 'miscellaneous charges':
(i) charges to connect, disconnect, or reconnect gas within the
City;
(ii) charges to handle returned checks from consumers within the
City;
(iii) such other service charges and charges as may, from time to
time, be authorized in the rates and charges on file with the
City; and
(iv) contributions in aid of construction ("CIAC");
(b) revenues billed out not ultimately collected or received by the
Company; and,
(c) gross receipts fees.
(5) "Gross revenues" shall not include:
2 50701
(a) the revenue of any Person including, without limitation, an affiliate,
to the extent that such revenue is also included in Gross Revenues of
the Company;
(b) sales taxes; and
(c) any interest income earned by the Company; and
(d) all monies received from the lease or sale of real or personal
property, provided, however, that this exclusion does not apply to the
lease of facilities within the City's right-of-way.
C. Calculation and Payment of Franchise Fees Based on CIAC
(1) The franchise fee amounts based on "Contributions in aid of
Construction ("CIAC") shall be calculated on an annual calendar year
basis, i.e., from January 1 through December 31 of each calendar year.
(2) The franchise fee amounts that are due based on CIAC shall be paid at
least once annually on or before April 30 each year based on the total
CIAC recorded during the preceding calendar year.
D. Effect of Other Municipal Franchise Ordinance Fees Accepted and Paid by
TXU Gas
(1) If TXU Gas should at any time after the effective date of this Ordinance
agree to a new municipal franchise ordinance, or renew an existing
municipal franchise ordinance, with another municipality, which
municipal franchise ordinance determines the franchise fee owed to that
municipality for the use of its public rights-of-way in a manner that, if
applied to the City, would result in a franchise fee greater than the
amount otherwise due City under this Ordinance, then the franchise fee
to be paid by TXU Gas to City pursuant to this Ordinance shall be
increased so that the amount due and to be paid is equal to the amount
that would be due and payable to City were the franchise fee provisions
of that other franchise ordinance applied to City.
(2) The provisions of this Subsection D apply only to the amount of the
franchise fee to be paid and do not apply to other franchise fee payment
provisions, including without limitation the timing of such payments.
E. TXU Gas Franchise Fee Recovery Tariff
(1) TXU Gas may file with the City a tariff amendment(s) to provide for the
recovery of the franchise fees under this amendment.
3 50701
(2) City agrees that (i) as regulatory authority, it will adopt and approve the
ordinance, rates or tariff which provide for 100% recovery of such
franchise fees as part of TXU Gas' rates; (ii) if the City intervenes in any
regulatory proceeding before a federal or state agency in which the
recovery of TXU Gas' franchise fees is an issue, the City will take an
affirmative position supporting 100% recovery of such franchise fees by
TXU Gas; and, (iii) in the even of an appeal of any such regulatory
proceeding in which the City has intervened, the City will take an
affirmative position in any such appeals in support of the 100% recovery
of such franchise fees by TXU Gas.
(3) City agrees that it will take no action, nor cause any other person or
entity to take any action, to prohibit the recovery of such franchise fees
by TXU Gas."
SECTION 2. That Ordinance No. 96743, the existing gas franchise ordinance between the
City and TXU Gas Company, is hereby amended, in part, by providing authorization for the lease of
facilities within the City's rights-of-way, which shall read as follows:
"Lease of Facilities Within the City's Rights-of-Way. TXU Gas shall have the right
to lease, license or otherwise grant to a party other than TXU Gas the use of its
facilities within the City's public rights-of-way provided: (i) TXU Gas first notifies
the City of the name of the lessee, licensee or user; the type of service(s) intended to
be provided through the facilities; and the name and telephone number of a contact
person associated with such lessee, licensee or user and (ii) TXU Gas makes the
franchise fee payment due on the revenues from such lease pursuant to Sections 1.A.
and 1.B. of this Ordinance. This authority to Lease Facilities within City's Rights-
of-Way shall not affect any such lessee, licensee or user's obligation, if any, to pay
franchise fees."
SECTION 3. In all respects, except as specifically and expressly amended by this
ordinance, the existing franchise ordinance heretofore duly passed by the governing body of the
City of Coppell and duly accepted by TXU Gas shall remain in full force and effect according to its
terms until said franchise ordinance terminates as provided herein.
SECTION 4. This ordinance shall take effect upon its final passage and TXU Gas'
acceptance. TXU Gas shall, within thirty (30) days from the passage of this ordinance, file its
4 50701
written acceptance of this ordinance with the Office of the City Secretary in substantially the
following form:
To the Honorable Mayor and City Council:
TXU Gas Distribution, a division of TXU Gas Company, acting by and through the
undersigned authorized officer, hereby accepts in all respects, on this the ____ day
of _________, 2002, Ordinance No. ____________ amending the current gas
franchise between the City of Coppell and TXU Gas and the same shall constitute
and be a binding contractual obligation of TXU Gas and the City of Coppell.
TXU Gas Distribution
A division of TXU Gas Company
By:
Vice President
SECTION 4. It is hereby officially found and determined that the meeting at which this
Ordinance is passed is open to the public as required by law and that public notice of the time, place
and purpose of said meeting was given as required.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2002.
APPROVED:
_________________________________________
CANDY SHEEHAN, MAYOR
ATTEST:
_________________________________________
LIBBY BALL, CITY SECRETARY
5 50701
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 9/18/02)
6 50701
AGE N DA R E QU E S T FO R M
ITEM # 12 CITY COUNCIL MEETING: September 24, 2002
ITEM CAPTION: Consider approval of an ordinance amending the electric franchise between the city of
Coppell and ONCOR, and authorizing the Mayor to sign.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name:!Electric
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING ORDINANCE NO. 93602, IN PART, THE EXISTING
FRANCHISE BETWEEN THE CITY OF COPPELL AND ONCOR
ELECTRIC DELIVERY COMPANY, BY AMENDING SECTION 1 TO
PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING FOR
ACCEPTANCE BY ONCOR ELECTRIC DELIVERY COMPANY;
FINDING AND DETERMINING THAT THE MEETING AT WHICH
THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS
REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, City of Coppell Ordinance No. 93602, passed and approved by the City
Council on May 25, 1993, provided an amendment to the existing franchise with Texas Utilities
Electric Company; and,
WHEREAS, Oncor Electric Delivery Company, successor in interest to TXU Electric
Company (hereinafter called "Oncor") is engaged in the business of providing electric utility service
within the City and is using the public streets, alleys, grounds and rights-of-way within the City for
that purpose under the terms of a franchise ordinance heretofore duly passed by the governing body
of the City and duly accepted by Oncor; and
WHEREAS, the City and Oncor desire to amend said franchise ordinance to provide for a
different consideration;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That Ordinance No. 93602, the existing electric franchise ordinance between
the City and Oncor Electric Delivery Company, is hereby amended, in part, by amending Section 1
to provide for a different consideration, as follows:
"A. Effective January 1, 2002, the franchise fee due from Oncor shall be a sum
comprised of the following:
(1) a charge, as authorized by Section 33.008(b) of PURA, based on each
kilowatt hour of electricity delivered by Oncor to each retail customer,
except Residential Governmental, Commercial Governmental, and
Industrial Governmental, whose consuming facility's point of delivery is
located within the City's municipal boundaries and as specified by Oncor
to the City by letter dated January 21, 2002.
1 50691
(a) The franchise fee due pursuant to Section 33.008(b) of PURA shall
be payable in accordance with the existing electric franchise; and
(2) a sum equal to four percent (4%) of gross revenues received by Oncor
from services identified in its Tariff for Retail Delivery Service, Section
6.1.2, "Discretionary Service Charges," items DD1 through DD24, that
are for the account or benefit of an end-use retail electric consumer.
(a) The franchise fee amounts based on "Discretionary Service Charges"
shall be calculated on an annual calendar year basis, i.e., from
January 1 through December 31 of each calendar year.
(b) The franchise fee amounts that are due based on "Discretionary
Service Charges" shall be paid at least once annually on or before
April 30 each year based on total "Discretionary Service Charges"
received during the preceding calendar year.
B. Oncor Franchise Fee Recovery Tariff
(1) Oncor may file a tariff amendment(s) to provide for the recovery of the
franchise fee on Discretionary Service Charges.
(2) City agrees (i) to the extent the City acts as regulatory authority, to adopt
and approve that portion of any tariff which provides for 100% recovery
of the franchise fee on Discretionary Service Charges; (ii) in the even the
City intervenes in any regulatory proceeding before a federal or state
agency in which the recovery of the franchise fees on such Discretionary
Service Charges is an issue, the City will take an affirmative position
supporting the 100% recovery of such franchise fees by Oncor; and (iii)
in the event of an appeal of any such regulatory proceeding in which the
City has intervened, the City will take an affirmative position in any such
appeals in support of the 100% recovery of such franchise fees by Oncor.
(3) City agrees that it will take no action, nor cause any other person or
entity to take any action, to prohibit the recovery of such franchise fees
by Oncor."
SECTION 2. In all respects, except as specifically and expressly amended by this
ordinance, the existing franchise ordinance heretofore duly passed by the governing body of the
City of Coppell and duly accepted by Oncor shall remain in full force and effect according to its
terms until said franchise ordinance terminates as provided herein.
2 50691
SECTION 3. This ordinance shall take effect upon its final passage and Oncor's
acceptance. Oncor shall, within thirty (30) days from the passage of this ordinance, file its written
acceptance of this ordinance with the Office of the City Secretary in substantially the following
form:
To the Honorable Mayor and City Council:
Oncor Electric Delivery Company, acting by and through the undersigned
authorized officer, hereby accepts in all respects, on this the ____ day of _________,
2002, Ordinance No. ____________ amending the current electric franchise
between the City of Coppell and Oncor and the same shall constitute and be a
binding contractual obligation of Oncor and the City of Coppell.
Oncor Electric Delivery Company
By:
Vice President
SECTION 4. It is hereby officially found and determined that the meeting at which this
Ordinance is passed is open to the public as required by law and that public notice of the time, place
and purpose of said meeting was given as required.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2002.
APPROVED:
_________________________________________
CANDY SHEEHAN, MAYOR
ATTEST:
_________________________________________
LIBBY BALL, CITY SECRETARY
3 50691
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 9/18/02)
4 50691
AGE N DA R E QU E S T FO R M
ITEM # 13 CITY COUNCIL MEETING: September 24, 2002
ITEM CAPTION: Consider approval of a settlement agreement and release with TXU Electric Company
and authorizing the Mayor to sign.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name:!Settlement
AGE N DA R E QU E S T FO R M
ITEM # 14 CITY COUNCIL MEETING: September 24, 2002
ITEM CAPTION: Consider an ordinance abandoning a portion of the West Ruby Road right of way
adjacent to Lot 1, Block A of Duke Freeport Addition, and authorizing the Mayor to sign; and consider a
resolution of the city authorizing the City Manager to execute the necessary documents for the sale of an
irregular piece of property adjacent to Lot 3, Block A of the Duke Freeport Addition for the sum of
$253,000, and authorizing the Mayor to sign.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: !Duke
M E M O R A N D U M
DATE:September 16, 2002
TO:Mayor and City Council
FROM:Jim Witt, City Manager
Subject:Amendment of Right-of-way, and Sale of
Portion
of Heatley-Moist Property to Duke Realty
With the straightening of Ruby Road there will be a small
portion of our right-of-way, as well as a narrow strip of ground
previously part of the Heatley-Moist property, that will now be
adjacent to the Duke Realty property. Duke will pay $253,000
for the abandoned right-of-way in this narrow strip of property.
Those funds will be utilized to improve Ruby Road from Coppell
Road to its intersection with Freeport Parkway.
We have been working on this exchange of land and purchase in
order to improve Ruby Road since May of this year. We strongly
recommend acceptance of this proposal through the two actions on
your Council agenda for Tuesday, September 24.
If you have any questions regarding this, please do not hesitate
to contact City Engineer Ken Griffin or me.
JW:kb
August 13, 2002
Mr. Jeffrey D. Turner
Senior Vice President
Duke Realty Corporation
5495 Belt Line Road, Suite 360
Dallas, Texas 75240
RE: Ruby Road and Land Exchange
Dear Jeff:
This will confirm a recent conversation that the City of Coppell will enter into an agreement to sell and
transfer the property adjacent to West Ruby Road to Duke Realty in order to complete the realignment of
Ruby Road, and to assist in the development of your project on the northeast portion of the property. This
land transfer will consist of the existing right-of-way, plus the fee simple land presently owned by the City.
We anticipate this sale and transfer will be made sometime in the next 60 to 90 days for approximately
$253,000.
The City would then begin to develop and realign Ruby Road to the north of your subdivision. We gratefully
acknowledge the contribution that Duke Realty will make to this project in order to ensure adequate access to
Wagon Wheel Park as well as to the Duke property holdings located south of Ruby Road.
We will be forwarding to you legal documents related to these transactions, and hope that we can bring them
to a successful conclusion in the near future. If you have any questions or comments, please do not hesitate
to contact me.
Respectfully,
Jim Witt
City Manager
JW:kb
cc: Clay Phillips
Jennifer Armstrong
Ken Griffin
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
ABANDONING A PORTION OF THE WEST RUBY ROAD RIGHT-OF-
WAY ADJACENT TO LOT 1, BLOCK A OF DUKE FREEPORT
ADDITION, AS DESCRIBED IN EXHIBIT A ATTACHED HERETO;
AUTHORIZING THE MAYOR TO SIGN; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Coppell City Council discussed and gave consideration to abandoning
a portion of the West Ruby Road right-of-way adjacent to Lot 1, Block A of the Duke Freeport
Addition in the City of Coppell; and
WHEREAS, the City of Coppell City Council hereby finds and determines that a portion of the
West Ruby Road right-of-way adjacent to Lot 1, Block A of the Duke Freeport Addition in the
City of Coppell, has little or no value; and
WHEREAS, an appraisal of said right-of-way has been obtained; and
WHEREAS, the City of Coppell City Council has determined that with the realignment of
Ruby Road said right-of-way will not be needed and no public purpose would be served through
continuous maintenance thereof and that it would be in the best interest of its citizens to abandon
the said portion of the right-of-way abutting Lot 1, Block A of the Duke Freeport Addition, as
depicted in the attached Exhibit "A";
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS;
Section 1. That the City adopts as findings the facts recited in the preamble.
Section 2. That the portion of West Ruby Road right-of-way adjacent to Lot 1, Block
A of the Duke Freeport Addition, as depicted in Exhibit "A" attached hereto and incorporated herein
by reference as if set forth in full, be hereby abandoned by the City of Coppell.
Section 3. The City Secretary is hereby directed to certify a copy of the Ordinance
and cause it to be recorded in the Deed Records of Dallas County, Texas, upon receipt of the fair
market value of said land.
1 50678
Section 4. That the abandonment provided for herein shall extend only to the public
right, title and interest which the City of Coppell, Texas, may have in and to said right-of-way, and
shall be construed to extend only to such interests that the governing body of the City of Coppell,
Texas, may legally and lawfully abandon.
Section 5. That 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, this the _______ day of
___________________, 2002.
APPROVED:
______________________________________
CANDY SHEEHAN, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/si/cdb 9/18/02)
2 50678
EXHIBIT "A"
LEGAL DESCRIPTION
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS,
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SELL
CERTAIN NARROW STRIP OF LAND OWNED BY THE CITY OF
COPPELL WHICH IS CONTIGUOUS AND ADJACENT TO LOT 3,
BLOCK A, OF THE DUKE FREEPORT ADDITION AND THE
ABANDONED PORTION OF WEST RUBY ROAD RIGHT-OF-WAY
ADJACENT TO LOT 1, BLOCK A OF THE DUKE FREEPORT ADDITION
AS DEPICTED ON EXHIBIT "A", WHICH IS ATTACHED HERETO AND
INCORPORATED HEREIN BY REFERENCE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Coppell owns an irregular piece of property which is adjacent to
Lot 3 of Block A of the Duke Freeport Addition and the abandoned portion of West Ruby Road
right-of-way adjacent to Lot 1, Block A of the Duke Freeport Addition; and
WHEREAS, the City no longer desires to maintain or utilized the property for public
benefit and the Texas Dugan Limited Partnership, by Its Agent, Duke Realty Services, by Its
General Partner, Duke Services, Inc., which is the abutting property owner desires to purchase the
same; and
WHEREAS, the TEXAS LOCAL GOVERNMENT CODE requires that certain procedures and
methods be followed in order to sell property owned by a municipality; and
WHEREAS, in accordance with § 272.001(b) of the TEXAS LOCAL GOVERNMENT CODE,
the City has obtained the fair market value of such property and has provided the same to the
abutting property owner; and
WHEREAS, Texas Dugan Limited Partnership, by Its Agent, Duke Realty Services, by Its
General Partner, Duke Services, Inc., desires to pay such amount and the City desires to sell said
property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the City Manager or his designee is hereby authorized to undertake the
necessary and statutory requirements in order to sell to Texas Dugan Limited Partnership, by Its
Agent, Duke Realty Services, by Its General Partner, Duke Services, Inc., for fair market value
public land identified as a certain tract of publicly owned land which is contiguous and adjacent to
1 50689
Lot 3 of Block A of the Duke Freeport Addition and the abandoned portion of West Ruby Road
right-of-way adjacent to Lot 1, Block A of the Duke Freeport Addition as depicted on Exhibit "A",
which is attached hereto and incorporated herein by reference.
SECTION 2. That the City Manager, or his designee, acting on behalf of the City of
Coppell is hereby authorized to negotiate, enter into, and execute all documents and contracts
necessary relating to the sell of the property described herein to Texas Dugan Limited Partnership,
by Its Agent, Duke Realty Services, by Its General Partner, Duke Services, Inc., for fair market
value of the same.
SECTION 3. That this Resolution 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, this the _______ day of
___________________, 2002.
APPROVED:
_________________________________________
CANDY SHEEHAN, MAYOR
ATTEST:
_________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 9/18/02)
2 50689
AGE N DA R E QU E S T FO R M
ITEM # 15 CITY COUNCIL MEETING: September 24, 2002
ITEM CAPTION: Consider approval of an ordinance amending Chapter 3, by adding Section 3-5-12 to
provide for the placement of commercial roll-off containers on residential lots; providing for the issuance of a
permit; providing for violations; providing for the establishment of a fee; 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, and authorizing the
Mayor to sign.
SUBMITTED BY: Jim Witt
TITLE: City Manager
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: !Rolloff
1 50052
ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 3,
BY ADDING SECTION 3-5-12 TO PROVIDE FOR THE PLACEMENT OF
COMMERCIAL ROLL-OFF CONTAINERS ON RESIDENTIAL LOTS;
PROVIDING FOR THE ISSUANCE OF A PERMIT; PROVIDING FOR
VIOLATIONS; PROVIDING FOR THE ESTABLISHMENT OF A FEE;
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.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1.That the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 3, by adding Section 3-5-12 to provide for the placement of
commercial roll-off containers on a residential, which shall read as follows:
"Sec. 3-5-12. Roll-off Containers on Residential Lot – Permit Required
A. It shall be unlawful for the owner of a residential property to place a
commercial roll-off container on such residential lot without first obtaining a permit from
the Community Program Coordinator.
B. The Community Program Coordinator may issue a permit, not to exceed
thirty (30) days, for placement of a roll-off container for solid waste generated on a
residential site for construction, remodeling or reclamation of such property. Any permit
granted hereunder may be extended for a reasonable time not to exceed thirty (30) days.
C. It shall be unlawful for any person, other than the owners, permittee, or
persons with whom they have contracted to place any refuse, brush, waste or discarded
items in a container permitted under this section.
D. The City Council shall, by resolution, establish a fee for any permit or
extension thereof granted under this Section."
2 50052
SECTION 2.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 3. That should any word, phrase, paragraph, section or phrase of this ordinance
or of the Code of Ordinances, as amended hereby, be 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 Code of Ordinances as a whole.
SECTION 4. An offense committed before the effective date of this ordinance is governed
by 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 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 Code of
Ordinances 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 ($2,000.00) Dollars for each offense; and each
and every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 6.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 provides.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2002.
APPROVED:
_________________________________________
CANDY SHEEHAN, MAYOR
3 50052
ATTEST:
_________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 08/29/02)
AG EN DA R EQU EST FO R M
ITEM # 16 CITY COUNCIL MEETING: September 24, 2002
NECESSARY ACTION RESULTING FROM WORK SESSION
AG EN DA R EQU EST FO R M
ITEM # 17 CITY COUNCIL MEETING: September 24, 2002
CITY MANAGER'S REPORT
A. Game Field Enforcement.
CITY MANAGER'S REVIEW:
AG EN DA R EQU EST FO R M
ITEM # 18 CITY COUNCIL MEETING: September 24, 2002
MAYOR AND COUNCIL REPORTS
A. Repor t by Mayor Sheehan regarding Grapevine Stompfest.
B. Repor t by Mayor Sheehan regarding Homecoming Parade.
C. Repor t by Mayor Sheehan regarding Red Ribbon Week.
D. Repor t by Mayor Sheehan regarding Remembering 9/11.
E. Repor t by Mayor Sheehan regarding Coppell Family Fish.
F. Repor t by Mayor Sheehan regarding Wildflower Planting.
CITY MANAGER'S REVIEW: