CP 2002-10-22
NOTICE OF CITY COUNCIL MEETING AND AGENDA
OCTOBER 22, 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)
Council Photos Immediately Following Council Chambers (Open to the Public)
Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public)
Work Session Immediately Following 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, October 22, 2002, at 5:30 p.m. for
Executive Session, Work Session will follow immediately thereafter, and Regular
Session will begin 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
THE ANNUAL GROUP PHOTO OF CITY COUNCIL WILL BE TAKEN AT THIS TIME
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation with City
Attorney.
1. Shea v. City of Coppell.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding Use of Practice and Game Fields.
B. Discussion regarding Tennis Center Operations.
C. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Invocation.
5. Pledge of Allegiance.
6. Consider approval of a proclamation naming the week of November 11-18,
2002 as VETERANS RECOGNITION WEEK, and authorizing the Mayor to
sign.
7. Consider approval of an Ordinance for appointing of Marian Moseley as
Municipal Judge and Terry Landwehr and Kim Nesbitt as Alternate Judges
of the Coppell Municipal Cour t No. 1 pursuant to the provisions of Section
4.06(b) and Section 4.06(d) of the City of Coppell Home Rule Char ter and
City Ordinances for a term of two (2) years and authorizing the City
Manager to negotiate contracts with said persons; and authorizing the
Mayor to sign said Ordinance.
8. Swearing in of Municipal Judge and Alternate Judges.
9. Citizen's Appearances.
CONSENT AGENDA
10. Consider approval of the following consent agenda items:
A. Consider approval of minutes: October 8, 2002.
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ITEM # ITEM DESCRIPTION
B. Consider approval of canceling the regular City Council Meetings
scheduled for November 26, 2002 and December 24, 2002 due to
the Thanksgiving and December holidays.
C. Consider approval of allowing Ruby Road to be closed to through
traffic during reconstruction of Ruby Road.
D. Consider approval of an ordinance amending Ar ticle 8-3 Parking,
Section 8-3-1(A) of the Code of Ordinances for the City of Coppell to
prohibit parking, stopping or standing at all times on both sides of
Bethel Road from its point of intersection with Denton Tap Road on
the south curb line eastward for a distance of 409 feet and on the
nor th curb line eastward for a distance of 459 feet; and authorizing
the Mayor to sign.
E. Consider approval of a Resolution approving an Interlocal Agreement
with Dallas County to reimburse the City of Coppell for the cultural
resources investigation for the Sandy Lake Road Project (from
MacAr thur Blvd. to the Elm Fork of the Trinity River) in an amount of
$6,000; and authorizing the Mayor to sign.
Resolutions
F. Consider approval of a Resolution amending Resolution 082598.2 in
par t, by providing for the addition of one alternate Red Cross
Representative; and authorizing the Mayor to sign.
END OF CONSENT
11. PUBLIC HEARING:
Consider approval of the designation of a reinvestment zone pursuant to
Section 312.201 of the Proper ty Redevelopment and Tax Abatement Act.
The proper ty to be considered for Reinvestment Zone designation is that
proper ty owned by Coppell Mill Limited Par tnership; and Staples Contract
and Commercial, Inc., described as Amberpoint Business Park, Block A,
Lot 1 (Lot1A) (17.91 acres) and located at the southwest corner of Sandy
Lake Road and Nor thpoint Drive, Coppell, Texas.
12. Consider approval of an Ordinance designating the Coppell Mill Limited
Par tnership; and Staples Contract and Commercial, Inc. Reinvestment Zone
No. 41, and authorizing the Mayor to sign.
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ITEM # ITEM DESCRIPTION
13. Consider approval of a Resolution approving a Tax Abatement Agreement
between the City of Coppell and Coppell Mill Limited Par tnership; and
Staples Contract and Commercial, Inc., and authorizing the Mayor to sign.
14. PUBLIC HEARING:
Consider a request by Coppell Bible Fellowship to waive Impact Fees as
provided for in Chapter 17-1-22B of the Code of the City of Coppell. Said
requested waiver to include water and sewer facilities fees, and roadway
facility fees.
15. Consider approval of a Professional Services Agreement with TBG Par tners
for the Design, Construction Documentation and Contract Administration
for the Development of two sections of Denton Creek Trail, in an amount
not to exceed $59,250.00, and authorizing the President of CRDC to sign.
16. Consider approval of a resolution suppor ting necessar y legislation and
Dallas Area Rapid Transit (DART) policy changes to allow expansion and
extension of DART services to local government jurisdictions through local
option citizen elections pledging payments to the DART system in an
amount equivalent to a one-cent sales tax, and authorizing the Mayor to
sign.
17. Consider approval of the recommendations to modify the City of Coppell
Standards of Care Policy and the required annual adoption of the manual
for City of Coppell Youth Recreational Programs.
18. Consider approval of Change Order #4 for the Creekview Drive and a
por tion of Freepor t Parkway Project #ST 00-01, in the amount of $126,028
to Infrastructures Services, Inc.; and authorizing the City Manager to sign.
19. Consider approval of the Annual Corporate Budget for the Coppell
Education Development Corporation.
20. Consider approval of revisions to the Coppell Education Development
Corporation Bylaws.
21. Necessary action resulting from Work Session.
22. Mayor and Council Repor ts.
A. Repor t by Mayor Sheehan regarding Red Ribbon Week.
B. Repor t by Mayor Sheehan regarding Texas Municipal League Annual
Conference.
C. Repor t by Councilmember Peters regarding Senior Adult Services
Golf Outing.
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ITEM # ITEM DESCRIPTION
23. Necessary Action Resulting from Executive Session.
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
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).
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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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KEY TO COUNCIL GOALS ICONS 2002 - 2003 Economic Development Quality Public Facilities & Infrastructure Hometown Feeling Excellent City Services & High Citizen Satisfaction Quality Development Safe Community Effective Transportation Outstanding Leisure & Recreation Amenities & Programs
DATE: October 22, 2002
ITEM #: ES-2
AGENDA REQUEST FORM
EXECUTIVE SESSION
A. Section 551.071, Texas Government Code - Consultation with City Attorney.
1. Shea v. City of Coppell.
CM REVIEW:
Agenda Request Form - Revised 10/02 Document Name: %necessaryactionwork
DATE: October 22, 2002
ITEM #: WS-3
AGENDA REQUEST FORM
WORK SESSION
A. Discussion regarding Use of Practice and Game Fields
B. Discussion regarding Tennis Center Operations.
C. Discussion of Agenda Items.
CM REVIEW:
Agenda Request Form - Revised 10/02 Document Name: %necessaryactionwork
DEPT: City Manager
DATE: October 22, 2002
ITEM #: 6
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a proclamation naming the week of November 11-18, 2002 as
VETERANS RECOGNITION WEEK, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: !Veterans
PROCLAMATION
WHEREAS, November 11th is customarily recognized in the United States of
America as a day to recognize and commend Veterans of the armed services; and
WHEREAS, The members of the armed services, past and present, invest their
services, their skills, their commitment and sometimes their very lives for the
protection of our country and democracy; and
WHEREAS, The City Council of the City of Coppell can think of no group of
people so deserving of admiration than those who have established, defended and
maintained our essential freedoms and our unalienable rights.
NOW, THEREFORE, BE IT RESOLVED, I, Candy Sheehan, Mayor of the
City of Coppell, do hereby proclaim the week of November 11-18, 2002 as
VETERANS RECOGNITION WEEK
And encourage all citizens of Coppell to express to our veterans the high regard and
the profound appreciation we hold for their sacrifices and their service.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City
of Coppell to be affixed this ______ day of October, 2002.
_________________________
Candy Sheehan, Mayor
ATTEST:
_____________________________
Libby Ball, City Secretary
DEPT: City Manager
DATE: October 22, 2002
ITEM #: 7
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of an Ordinance for appointing of Marian Moseley as Municipal Judge and
Terry Landwehr and Kim Nesbitt as Alternate Judges of the Coppell Municipal Court No. 1 pursuant to the
provisions of Section 4.06(b) and Section 4.06(d) of the City of Coppell Home Rule Charter and City Ordinances
for a term of two (2) years and authorizing the City Manager to negotiate contracts with said persons; and
authorizing the Mayor to sign said Ordinance.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS: Funds for the judges’ fees have been budgeted in Municipal Court, Other
Professional Services account. (01-06-36-4220)
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: !Judges
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
APPOINTING A PRESIDING MUNICIPAL JUDGE AND ALTERNATE
MUNICIPAL JUDGES OF THE COPPELL MUNICIPAL COURT OF
RECORD NO. 1 OF THE CITY OF COPPELL, TEXAS; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, State law requires a municipality to enact ordinances for the appointment of
judges and alternate judges; and
WHEREAS, the term of the current Municipal Judge and Alternate Judges have expired;
and
WHEREAS, the Council desires to reappoint the current Municipal Judge and Alternate
Municipal Judges.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1.That in accordance with the provisions of the City Charter and State law, the
City Council hereby appoints Hon. Marian Moseley to serve as the Municipal Judge of the Coppell
Municipal Court No. 1, and shall act as the presiding judge of said Court, and, the City Council
hereby appoints Hon. Kim Nesbitt and Hon. Terry Landwehr and shall each serve as Alternate
Municipal Judges. The Municipal Judge and Alternate Municipal Judges appointed herein shall
each have and possess the authority, powers, rights, duties, and jurisdiction granted to and
imposed on municipal judges of the Courts of Record of the State of Texas by the provisions of
State law, City Charter and the ordinances of the City of Coppell.
SECTION 2.That the Municipal Judge and the Alternate Municipal Judges appointed
hereunder shall each serve a term of office of two (2) years commencing from the effective date
hereof, unless sooner terminated according to the provisions of law.
2
SECTION 3.That the City Manager shall determine the appropriate compensation and
negotiate with the foregoing persons such contracts and agreements as may be deemed necessary
and appropriate and shall execute such contracts as the act and deed of the City.
SECTION 4. 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 5.That this ordinance shall take effect immediately from and after its passage
and the publication, 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 (36887)
(DB/REH/cdb 10/15/02)
DEPT: City Manager
DATE: October 22, 2002
ITEM #: 8
AGENDA REQUEST FORM
ITEM CAPTION:
Swearing in of Municipal Judge and Alternate Judges.
GOAL(S)
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: !Swear
DATE: October 22, 2002
ITEM #: 9
AGENDA REQUEST FORM
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 Secretary 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).
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork
DEPT: City Secretary
DATE: October 10, 2002
ITEM #: 10/A
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of minutes: October 8, 2002.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: %minutes
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MINUTES OF OCTOBER 8, 2002
The City Council of the City of Coppell met in regular Called Session on
Tuesday, October 8, 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 (late arrival)
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Diana Raines, Councilmember
Marsha Tunnell, Councilmember (late arrival)
Dave Herring, Councilmember
Bill York, Councilmember
Also present were City Manager Jim Witt, City Secretary Libby Ball and City
Attorney David Dodd.
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 551.074, Texas Government Code - Personnel
Matters.
1. City Manager Evaluation.
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
6:43 p.m. and opened the Work Session.
Councilmember Tunnell arrived during Executive Session.
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WORK SESSION (Open to the Public)
3. Convene Work Session
A. Procedures for Responsive Economic Development and
Council Appointees.
B. Report on Street and Highway Capital Improvements.
C. Discussion of Agenda Items.
Presentation:
A. City Manager Jim Witt made a presentation regarding appointing a
response team for Economic Development Projects. Mayor
Sheehan, Councilmember Peters and Councilmember Herring will
serve from Council.
B. Ken Griffin, Director of Engineering and Public Works, made a
presentation regarding road construction projects.
C. There was no discussion regarding agenda items.
No Action Taken.
REGULAR SESSION (Open to the Public)
4. Invocation.
Pastor Rod Collver, First Assembly of God Church, led those present in
the Invocation.
5. Pledge of Allegiance.
Mayor Sheehan led those present in the Pledge of Allegiance.
6. Consider approval of a Proclamation naming the week of
October 23 through October 31, 2002 as RED RIBBON WEEK,
and authorizing the Mayor to sign.
Presentation:
Mayor Sheehan read the Proclamation for the record and presented the
same to Officer Richard Harr and McGruff.
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Action:
Councilmember Tunnell moved to approve naming the week of
October 23 through October 31, 2002 as RED RIBBON WEEK, and
authorizing the Mayor to sign. Councilmember Herring seconded the
motion; the motion carried 6-0 with Councilmembers Brancheau, Peters,
Raines, Tunnell, Herring and York voting in favor of the motion.
7. Citizen's Appearances.
There was no one signed up to speak under this item.
CONSENT AGENDA
8. Consider approval of the following consent agenda items:
A. Consider approval of minutes: September 24, 2002
September 30, 2002.
B. Consider approval of an Interlocal Agreement with the
North Central Texas Council of Governments for
participation in the Expanded Regional Storm Water
Management Program in a cost share amount of $2,900,
as budgeted; and authorizing the Mayor to sign.
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 permit
requirements; and authorizing the Mayor to sign.
D. Consider approval of an Economic Development Incentive
Agreement between the City of Coppell and Staples
Contract and Commercial, Inc., and authorizing the
Mayor to sign.
E. Consider approval of amending and restating the
Economic Development Incentive Agreement between the
City of Coppell and Quill Corporation dated April 9, 1996,
and authorizing the Mayor to sign.
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Land Use and Development
F. Consider approval of an Assignment and Assumption of
an Engineering Contract between the City of Coppell,
Duke Realty Services Limited Partnership, Texas Dugan
Limited Partnership and Pacheco Koch Consulting
Engineers; and authorizing the City Manager to sign.
G. Consider approval of a Right-of-way Use Agreement
between the City of Coppell and the Coppell First
Assembly of God Church to allow the encroachment of an
existing parking lot; and authorizing the City Manager to
sign.
H. Consider approval of an Ordinance for Case No. S-1145R,
Siam Thai Cuisine, zoning change from LI-S-1145 (Light
Industrial–Special Use Permit-1145) to LI-S-1145R (Light
Industrial, Special Use Permit-1145R), to allow the
operation of an approximately 1,241 square-foot
restaurant, with private club, to be located in the Valley
Ranch Center, 820 S. MacArthur Boulevard, Suite 108B,
and authorizing the Mayor to sign.
I. Consider approval of an Ordinance for Case No. S-1146R,
416 Bethel Road, zoning change 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, and authorizing the Mayor to sign.
J. Consider approval of an Ordinance for 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 located in the Coppell Crossing IV Shopping Center
at 777 S. MacArthur Blvd., and authorizing the Mayor to
sign.
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K. Consider approval of an Ordinance for Case No. S-1198R,
Assured Self Storage, zoning change 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,
and authorizing the Mayor to sign.
L. Consider approval of an Ordinance for Case No. S-1202,
Gateway Business Park, No. 2, Lot 2R, Block C, zoning
change from LI (Light Industrial) to LI-S-1202 (Light
Industrial, Special Use Permit-1202), to grant a Special
Use Permit to allow for outside petroleum products
storage, to increase the size of Lot 2R to allow a
generator with a screening wall, and to allow construction
of 32 additional parking spaces on 7.613 acres of
property located at 555 Dividend Drive, and authorizing
the Mayor to sign.
M. Consider approval of an Ordinance for Case No. ZC-
610(CH)/PD-198, zoning change 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, and authorizing the Mayor to
sign.
Action:
Councilmember Tunnell moved to approve Consent Agenda Items A, B, C
carrying Ordinance 2002-1010, D, E, F, G, H carrying Ordinance No.
91500-A-340, I carrying Ordinance No. 91500-A-335, J carrying
Ordinance No. 91500-A-336, K carrying Ordinance No. 91500-A-337, L
carrying Ordinance No. 91500-A-338 and M carrying Ordinance No.
91500-A-339. Councilmember Raines seconded the motion; the motion
carried 6-0 with Councilmembers Brancheau, Peters, Raines, Tunnell,
Herring and York voting in favor of the motion.
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9. PUBLIC HEARING:
Consider approval of Case No. PD-194R AmberPoint Business
Park, zoning change request from PD-194-LI (Planned
Development-194-Light Industrial) to PD-194R-LI (Planned
Development-194 Revised, Light Industrial) to attach a Detail
Site Plan to allow the construction of a 228,250 square-foot
office/warehouse with future expansion of 161,750-square feet,
on approximately 18 acres of property located at the southwest
corner of Sandy Lake Road and Northpoint Drive.
Presentation:
Gary Sieb, Director of Planning and Economic Development, made a
presentation to the Council.
Henry Knapek, representing the Applicant, asked for Council's approval.
Mayor Pro Tem Stover arrived during the presentation.
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. PD-194R AmberPoint Business Park, zoning change request
from PD-194-LI (Planned Development-194-Light Industrial) to PD-194R-
LI (Planned Development-194 Revised, Light Industrial) to attach a Detail
Site Plan to allow the construction of a 228,250 square-foot
office/warehouse with future expansion of 161,750-square feet, on
approximately 18 acres of property located at the southwest corner of
Sandy Lake Road and Northpoint Drive, subject to the following
conditions:
1) This phase of development shall provide 231 parking spaces. In
the event that more parking is needed, it shall be provided on-site
or within the Phase 2 development area. At the time that the
second phase of development is being reviewed, parking analysis
shall be based on the parking demand at that time. We
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Page 7 of 14
acknowledge the September 19, 2002, notice regarding Staples
parking requirement data;
2) During the second phase of this development, 161,750-square feet,
the approximate 1.4-acre tract of property, south of Northpoint
Drive, may be used to fulfill the non-vehicular landscape
requirements of this second phase of development;
3) A waiver of the 10-foot landscape buffer requirement along the
southern property line; and
4) No trees shall be planted along the western property line -- the
required 18 trees shall be planted along the remainder of the
perimeter of the site.
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.
10. PUBLIC HEARING:
Consider approval of the AmberPoint Business Park, Lots 1A
and 1B, Block A, Replat, to subdivide Lot 1, containing 36.12
acres, into two lots to allow for the construction of a 228,250
square-foot office/warehouse with future expansion of an
additional 161,750-square feet, on Lot 1A, containing 17.9
acres of property and a 308,000 square-foot office warehouse
on Lot 1B, containing 18.21 acres of property located at the
southwest corner of Sandy Lake Road and Northpoint Drive.
Presentation:
Gary Sieb, Director of Planning and Economic Development, 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 Tunnell moved to close the Public Hearing and approve
the AmberPoint Business Park, Lots 1A and 1B, Block A, Replat, to
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Page 8 of 14
subdivide Lot 1, containing 36.12 acres, into two lots to allow for the
construction of a 228,250 square-foot office/warehouse with future
expansion of an additional 161,750-square feet, on Lot 1A, containing
17.9 acres of property and a 308,000 square-foot office warehouse on Lot
1B, containing 18.21 acres of property located at the southwest corner of
Sandy Lake Road and Northpoint Drive. 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. PUBLIC HEARING:
Consider approval of the Stratford Manor, Lot 10, Block B,
Replat, to revise the 15-foot building and fence line to a 15-
foot building line, allowing the placement of a fence within 15
feet of the side property line on 0.41 acres of property located
at 638 Stratford Lane.
Presentation:
Gary Sieb, Director of Planning and Economic Development, 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 the
Stratford Manor, Lot 10, Block B, Replat, to revise the 15-foot building
and fence line to a 15-foot building line, allowing the placement of a
fence within 15 feet of the side property line on 0.41 acres of property
located at 638 Stratford Lane, subject to the following conditions:
1) Any fence constructed will possess the same type architectural
elements as the fence on the north side of Prince Edward Lane
(brick columns with decorative metal inserts); and
2) The fence will observe the same general setbacks as the existing
north side fence of approximately 7-8 feet behind the existing
sidewalk.
CM100802
Page 9 of 14
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.
12. Consider approval of the Coppell First Assembly of God, Site
Plan, request to allow a 1,558 square-foot expansion to the
existing 29,488 square-foot church facilities, and the addition
of 24 new parking spaces on 6.03 acres of property located at
200 S. Heartz Road.
Presentation:
Gary Sieb, Director of Planning and Economic Development, made a
presentation to the Council.
Action:
Councilmember Tunnell moved to approve the Coppell First Assembly of
God, Site Plan, request to allow a 1,558 square-foot expansion to the
existing 29,488 square-foot church facilities, and the addition of 24 new
parking spaces on 6.03 acres of property located at 200 S. Heartz Road,
subject to the following condition:
1) No wall construction will be allowed within City’s right-of-way.
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.
13. PUBLIC HEARING:
Consider approval of the Coppell First Assembly of God, Replat
and Minor Plat, request to replat Lot 1-A, Block D, of Willowood
Addition No. 2 containing approximately 1.9 acres, and a
minor plat of approximately 4.13 acres into a 6.03 acre tract of
land to allow for 1,558-square feet of expansion to the existing
church facilities and the addition of 24 new parking spaces at
200 S. Heartz Road.
Presentation:
Gary Sieb, Director of Planning and Economic Development, made a
presentation to the Council.
CM100802
Page 10 of 14
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
the Coppell First Assembly of God, Replat and Minor Plat, request to
replat Lot 1-A, Block D, of Willowood Addition No. 2 containing
approximately 1.9 acres, and a minor plat of approximately 4.13 acres
into a 6.03 acre tract of land to allow for 1,558-square feet of expansion
to the existing church facilities and the addition of 24 new parking
spaces at 200 S. Heartz Road, subject to the following condition:
1) Black line prints required.
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.
14. Consider approval of the Angier’s Professional Building, Site
Plan, request to allow the development of two medical office
buildings containing a total of 12,464-square feet, on 1.44
acres of property located along the south side of Belt Line
Road, approximately 1,700 feet east of MacArthur Boulevard.
Presentation:
Gary Sieb, Director of Planning and Economic Development, made a
presentation to the Council.
Action:
Councilmember Peters moved to approve the Angier’s Professional
Building, Site Plan, request to allow the development of two medical
office buildings containing a total of 12,464-square feet, on 1.44 acres of
property located along the south side of Belt Line Road, approximately
1,700 feet east of MacArthur Boulevard, subject to the following
condition:
1) Provide the required perimeter landscaping along the south
property line in conjunction with the development of Phase I.
CM100802
Page 11 of 14
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.
15. Consider approval of the Sherrill Acres, Lot 2B, Block 1, Final
Plat, request to allow the development of Angier’s Professional
Buildings, two medical office buildings containing a total of
12,464-square feet on 1.44 acres of property located along the
south side of Belt Line Road, approximately 1,700 feet east of
MacArthur Boulevard.
Presentation:
Gary Sieb, Director of Planning and Economic Development, made a
presentation to the Council.
Action:
Councilmember Tunnell moved to approve the Sherrill Acres, Lot 2B,
Block 1, Final Plat, request to allow the development of Angier’s
Professional Buildings, two medical office buildings containing a total of
12,464-square feet on 1.44 acres of property located along the south side
of Belt Line Road, approximately 1,700 feet east of MacArthur Boulevard.
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.
16. Consider approval of the Coppell Pediatric Associates, Site
Plan, request to allow the development of a 4,477 square-foot
medical office on 0.638 of an acre of property located along
the south side of Belt Line Road, 1,870 feet east of MacArthur
Boulevard.
Presentation:
Gary Sieb, Director of Planning and Economic Development, made a
presentation to the Council.
CM100802
Page 12 of 14
Action:
Councilmember Tunnell moved to approve:
Item 16:
The Coppell Pediatric Associates, Site Plan, request to allow the
development of a 4,477 square-foot medical office on 0.638 of an acre of
property located along the south side of Belt Line Road, 1,870 feet east of
MacArthur Boulevard, subject to the following condition:
1) Any signage requirements that are not met will require Board of
Adjustment action.
and
Item 17:
The Sherrill Acres, Lot 2A, Block 1, Final Plat, request to allow the
development of a 4,477 square-foot medical office on 0.638 of an acre of
property located along the south side of Belt Line Road, 1,870 feet east of
MacArthur Boulevard
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.
17. Consider approval of the Sherrill Acres, Lot 2A, Block 1, Final
Plat, request to allow the development of a 4,477 square-foot
medical office on 0.638 of an acre of property located along
the south side of Belt Line Road, 1,870 feet east of MacArthur
Boulevard.
Considered under Item 16. See Item 16 for minutes.
18. Necessary action resulting from Work Session.
There was no action necessary under this item.
CM100802
Page 13 of 14
19. Mayor and Council Reports.
A. Report by Mayor Sheehan regarding meeting with State
Senator Florence Shapiro.
B. Report by Mayor Sheehan regarding Regional
Transportation Task Force.
C. Report by Councilmember Tunnell regarding National
League of Cities Community and Economic Development
Steering Committee.
D. Report by Councilmember Peters regarding TX 21
Quarterly Meeting.
A. Mayor Sheehan reported that she and City Manager Jim Witt had a
meeting with State Senator Shapiro and the Senator is to obtain an
opinion from the Attorney General regarding cemeteries. School
finance was also discussed at their meeting.
B. Mayor Sheehan advised that the Regional Transportation Task
Force had held two meetings and commended Clay Phillips on the
leadership and facilitation. She stated the group was intrigued,
interested and asked great questions. She stated that Michael
Morris' message was: Three things to remember when meeting
with DART: 1) look at reliability of transportation; 2) think transit
more than rail; and 3) look at 2030 plan.
Mayor Sheehan made one report not on the agenda related to a
health issue regarding the West Nile Virus and advised that the
City has one suspected human case of the virus. She announced
that the City would be doing some spraying in specified areas.
C. Councilmember Tunnell reported she had attended a steering
committee meeting for Community and Economic Development at
National League of Cities. She advised this is a legislative policy
committee that advocates for cities in Washington. The committee
rewrote the complete legislative policy.
D. Councilmember Peters advised she had attended the quarterly
meeting for TX 21 in San Antonio. They are adding members to
their congressional caucus in Washington and solidifying their
platform for ways to address the T21 authorization. They are also
formulating their platform for the Texas legislature.
CM100802
Page 14 of 14
20. Necessary Action Resulting from Executive Session.
Action:
Councilmember Herring moved to approve an annual increase of 2.5%
for City Manager Jim Witt. 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.
There being no further business to come before the City Council, the meeting
was adjourned.
____________________________________
Candy Sheehan, Mayor
ATTEST:
______________________________________
Libby Ball, City Secretary
DEPT: City Secretary
DATE: October 22, 2002
ITEM #: 10/B
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of cancelling the regular City Council Meetings scheduled for November 26, 2002 and
December 24, 2002 due to the Thanksgiving and December holidays.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 08/02 Document Name: %cancelmeeting.doc
DEPT: Engineering/Public Works
DATE: October 22, 2002
ITEM #: 10/C
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of allowing Ruby Road to be closed to through traffic during reconstruction of Ruby Road.
GOAL(S):
EXECUTIVE SUMMARY:
Approval of this item will allow Ruby Road to be closed in phases for construction. It will still allow access to the
adjacent properties, but, there will be no through traffic during construction.
Staff recommends approval of allowing Ruby Road to be closed to through traffic during the reconstruction of
Ruby Road.
Staff will be available to answer any questions at the Council meeting.
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: #eng1-1AR
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To: Mayor and City Council
From: Kenneth M. Griffin, P.E., Dir. of Engineering/Public Works
Date: October 22, 2002
RE: Consider approval of allowing Ruby Road to be closed to through traffic during
reconstruction.
Recently City Council has seen several items concerning the reconstruction of Ruby Road The
City of Coppell is attempting to facilitate the reconstruction of Ruby Road to provide a saver
route to Wagon Wheel Park and to the developing industrial area. Currently, the Ruby Road
project is out to bid with a bid opening scheduled for October 28, 2002. In evaluating the actual
logistics of the reconstruction of Ruby Road, it has become apparent that it would be almost
impossible to maintain two-way traffic on Ruby Road while reconstructing it. The existing 20-
foot asphalt section lies directly in the middle of the proposed 37-foot concrete section. To build
even one-half of Ruby Road you would need to remove approximately thirteen feet of the existing
20-foot asphalt roadway. The thirteen feet is comprised of ten feet from the center line and an
additional three feet outside the center line to allow for working room to construct forms and
utilize paving machines to pour the new sections of Ruby Road. Removing thirteen feet would
not allow adequate width for even one lane of traffic, much less trying to maintain two-way
traffic.
Therefore, the next approach was to look at the adjacent property along Ruby Road to determine
if closure of the road would deny access to or from the existing development. There are currently
four driveways that intersect Ruby Road on the north side. Two of those belong to a single-
family residence and two belong to the mobile home park. The subdivision at the northwest
corner of Ruby and Coppell, Deer Run, does not have any access to Ruby Road.
After much discussion, a phasing plan was developed that would allow portions of Ruby Road to
be closed while still maintaining access to and from the adjacent property. The first phase of the
road closure would be from State/Freeport to the west side of the eastern most access to the
mobile home park. This would allow all residents in the mobile home park, as well as the owner
of the single-family residence, to exit their property to the east toward Coppell Road (see exhibit
Phase I).
The second phase of the road closure would be from the west side of the eastern access to the
mobile home park to the west side of the eastern most driveway to the single-family residence.
This would allow the residents in the mobile home park to leave using the west access toward
State/Freeport along the newly constructed section of Ruby Road and the residents of the single-
family home to exit out of the eastern most driveway toward Coppell Road (see exhibit Phase II).
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
The third phase would close the road from the west side of the eastern driveway to the single-
family residence up to Coppell Road. This would allow the residents in the mobile home park to
utilize either access turning back toward State/Freeport and the residents of the single-family
home to leave via their western driveway toward State/Freeport (see exhibit Phase III).
Obviously, closure of Ruby Road will impact traffic to Wagon Wheel Park. Each of the exhibits
entitled Phases I, II, & III show alternate routes to access the park. In essence, the access without
Ruby Road would be via Sandy Lake to State Road or via Bethel Road to Freeport Parkway.
The specifications for Ruby Road require that the contractor prepare traffic control plans for the
various phases. Also, a component of the traffic control plan is that the contractor is required to
notify each person in the mobile home park and the single-family residence prior to implementing
any of the three phases. The notification will provide an approximate timetable along with a map
showing alternates routes to be used during each phase. Allowing the closure of Ruby Road in
phases should expedite construction, provide for a saver work zone and result in some cost
savings on the project. The cost savings factor is based on another agenda item on tonight’s
Council meeting where the contractor for Creekview is requesting additional compensation for
having to maintain two-way traffic on Ruby Road during the construction of the Ruby/Freeport
intersection.
The project is out to bid, however, the bidders have not been told that they will be allowed to
close Ruby Road at this time. If this agenda item is approved by City Council, an addendum to
the bid will be issued to the bidders on October 23, 2002. This will allow adequate time for the
bidders to reevaluate their bids prior to the bid opening on October 28, 2002.
Staff recommends approval of the closing of Ruby Road in phases because of a constructability
issue to create a saver work zone, to expedite construction and the potential for cost savings on
the project.
Staff will be available to answer questions at the Council meeting.
DEPT: Engineering/Public Works
DATE: October 22, 2002
ITEM #: 10/D
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an ordinance amending Article 8-3 Parking, Section 8-3-1(A) of the Code of Ordinances for
the City of Coppell to prohibit parking, stopping or standing at all times on both sides of Bethel Road from its
point of intersection with Denton Tap Road on the south curb line eastward for a distance of 409 feet and on the
north curb line eastward for a distance of 459 feet; and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Staff recommends approval of the “no parking” ordinance for restricting parking along the north and south side of
Bethel Road at all times from the point of intersection with Denton Tap Road eastward for a distance of 409 feet
along the south curb line and 459 feet along the north curb line.
Staff will be available to answer any questions at the Council meeting.
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: #eng3-1AR
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To: Mayor and City Council
From: Kenneth M. Griffin, P.E., Dir. of Engineering/Public Works
Date: October 22, 2002
RE: Consider approval an ordinance amending Article 8-3 Parking, Section 8-3-
1(A) of the Code of Ordinances for the City of Coppell to prohibit parking,
stopping or standing at all times on both sides of Bethel Road from its point of
intersection with Denton Tap Road on the south curb line eastward for a
distance of 409 feet and on the north curb line eastward for a distance of 459
feet; and authorizing the Mayor to sign.
Recently there has been development along the south side of Bethel Road at the intersection of
Denton Tap Road. The development is an office building that will access off of both Bethel
Road and Denton Tap Road. There has been some concern expressed from the Creekview
subdivision about cars parking along Bethel Road near the intersection of Denton Tap Road.
Presumably these cars are using the office facilities on the south side of Bethel Road. There is
now a new development under way on the north side (Salon on the Creek) that will also be non-
residential. There is a concern that with non-residential on both corners that there could be
additional parking along Bethel Road. In evaluating the characteristics of Bethel Road east of
Denton Tap Road, the road itself is in a curve with a median dividing the roadway. There could
be potential hazard for the traveling public with cars parking along Bethel Road. Therefore, staff
supports the request for “no parking” along a portion of Bethel Road.
The “no parking” will be self contained adjacent to the developments on both sides of the
roadway. It will not impair the ability of residents interior to the subdivision from parking on the
roadway in front of their homes.
The distance of the “no parking” will be 409 feet along the south curb line of Bethel Road and
459 feet along the north curb line of Bethel Road starting at its point of intersection with the east
right-of-way line of Denton Tap Road. This will go slightly east of the existing bridge on Bethel
Road. It will also cover all of the non-residential property in the Creekview subdivision.
Because the road is in a curve, the actual length along the south curb line and the north curb line
is different.
Staff recommends approval of the no parking, stopping or standing ordinance for restricting
parking along the north and south curb line of Bethel Road from its point of intersection with the
east right-of-way line of Denton Tap east for a distance of 409 feet along the south curb line and
459 feet along the north curb line.
Staff will be available to answer any questions at the Council meeting.
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 SECTION 8-
3-1(A) OF THE CODE OF ORDINANCES; MAKING IT UNLAWFUL TO
PARK A VEHICLE ON BOTH SIDES OF BETHEL ROAD AT ALL TIMES
FROM ITS POINT OF INTERSECTION WITH DENTON TAP ROAD ON
THE SOUTH CURB LINE EASTWARD FOR A DISTANCE OF 409 FEET
AND ON THE NORTH CURB LINE EASTWARD FOR A DISTANCE OF
459 FEET; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY 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 Section 8-3-1A of Chapter 8 of the Code of Ordinances be, and the
same is hereby, amended to provide for no parking zones at all times on Bethel Road, to read as
follows:
“Sec. 8-3-1 NO PARKING ON SPECIFIC STREETS & IN CERTAIN SCHOOL
ZONES/SCHOOL AREAS
A.NO PARKING ON SPECIFIC STREETS
It shall be unlawful for any person to stop, stand or park a vehicle at
any time in violation of any official sign, curb marking, or street
marking that prohibits, regulates, or restricts the stopping, standing or
parking of a vehicle at the times designated for the following streets:
. . . .
BETHEL ROAD at all times on both sides, from its point of
intersection with Denton Tap Road on the south curb line eastward
for a distance of 409 feet and on the north curb line eastward for a
distance of 459 feet.
. . . .”
2
SECTION 2.The traffic engineer shall erect official signs, curb markings, or street
markings giving notice that parking, stopping or standing of vehicles is prohibited at the locations
designated herein.
SECTION 3.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 4. 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 5. 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 6.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
subjected 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 7.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 provide.
3
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
DEPT: Engineering/Public Works
DATE: October 22, 2002
ITEM #: 10/E
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a Resolution approving an Interlocal Agreement with Dallas County to reimburse the City of
Coppell for the cultural resources investigation for the Sandy Lake Road Project (from MacArthur Blvd. to the
Elm Fork of the Trinity River) in an amount of $6,000; and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
This interlocal agreement will allow reimbursement from Dallas County of $6,000 for the archaeological survey
performed for the Sandy Lake Road project (from MacArthur Blvd. to the Elm Fork of the Trinity River).
Staff recommends approval of the interlocal agreement for cultural resources investigation between the City of
Coppell and Dallas County in the amount of $6,000.
Staff will be available to answer any questions at the Council meeting.
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: #eng4-1AR
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To: Mayor and City Council
From: Kenneth M. Griffin, P.E., Dir. of Engineering/Public Works
Date: October 22, 2002
RE: Consider approval of an Interlocal Agreement with Dallas County to reimburse
the City of Coppell for the cultural resources investigation for the Sandy Lake
Road Project (from MacArthur Blvd. to the Elm Fork of the Trinity River) in
an amount of $6,000; and authorizing the Mayor to sign.
Since 1993 Dallas County has been working on the design of Sandy Lake Road from east of
MacArthur Blvd. to the Elm Fork of the Trinity River. For some time now, the City of Coppell
has been aware of the fact that the construction of the roadway will be our responsibility. In our
investigation concerning any required permits for the construction of Sandy Lake Road, we were
informed that we would need to perform an archaeological survey of the area to determine if any
historical or pre-historical resources were in the area of construction.
AR Consultants, Inc. entered into a contract with the City of Coppell in March 2002 at a cost of
$6,000 to perform the archaeological survey. The survey revealed that there were no natural
resources that would need to be mitigated during the construction. After completion of the
survey, I contacted Dallas County inquiring as to whether or not they would reimburse the City
of Coppell for the study because the study was part of the design phase of Sandy Lake Road and
should have been included in the initial design.
After several telephone calls, Dallas County has presented the City of Coppell with an interlocal
agreement to reimburse the City the $6,000 previously spend on the archaeological survey.
Staff recommends approval of the interlocal agreement for cultural resources investigation
between the City of Coppell and Dallas County in the amount of $6,000.
Staff will be available to answer any questions at the Council meeting.
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN
INTERLOCAL AGREEMENT WITH DALLAS COUNTY, TEXAS FOR
CULTURAL RESOURCES INVESTIGATION FOR SANDY LAKE ROAD
PROJECT 91-830, WHICH IS ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "A"; AND PROVIDING AN
EFFECTIVE DATE.
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 an Interlocal Agreement
with Dallas County, Texas for cultural resources investigation for Sandy Lake Road Project 91-
830, which is attached hereto and incorporated herein as Exhibit "A".
SECTION 2. This Resolution shall become effective immediately from and after its
passage, as the law and charter in such cases provide.
DULY PASSED and approved by the City Council of the City of Coppell, Texas, on 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 10/16/02)
51405
DEPT: City Secretary
DATE: October 22, 2002
ITEM #: 10/F
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a Resolution amending Resolution 082598.2 in part, by providing for the addition of one
alternate Red Cross Representative; and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
This amendment brings the governing resolution of the Red Cross Representative in line with the appointments
that were made by the City Council on September 10, 2002.
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: %redcross
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, AMENDING RESOLUTION 082598.2, IN PART, BY
PROVIDING FOR THE ADDITION OF ONE (1) ALTERNATE RED
CROSS REPRESENTATIVE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on or about the 25th day of August, 1998, the City Council passed
Resolution No. 082598.2, which provided for the designation of two (2) regular Red Cross
representatives for a two (2) year term; and
WHEREAS, the City Council is of the opinion that one (1) alternate representative
should be appointed in addition to the two (2) regular representatives.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That Resolution No. 082598.2 of the City of Coppell be, and the same is,
hereby amended by adding a provision to provide for the designation and appointment of one (1)
alternate Red Cross representative, in addition to the regular representatives, to be appointed for
a two (2) year term.
SECTION 2. That Resolution No. 082598.2 of the City of Coppell shall remain in full
force and effect, save and except as amended by this ordinance.
SECTION 3. This Resolution shall become effective immediately from and after its
passage, as the law and charter in such cases provide.
DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this
the _______ day of _______________, 2002.
APPROVED:
CANDY SHEEHAN, MAYOR
1 51208
ATTEST:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 10/15/02)
2 51208
DEPT: Planning and Economic Development
DATE: October 22, 2002
ITEM #: 11
AGENDA REQUEST FORM
ITEM CAPTION: PUBLIC HEARING: Consider approval of the designation of a reinvestment zone pursuant to
Section 312.201 of the Property Redevelopment and Tax Abatement Act. The property to be considered for
Reinvestment Zone designation is that property owned by Coppell Mill Limited Partnership; and Staples Contract
and Commercial, Inc., described as Amberpoint Business Park, Block A, Lot 1 (Lot1A) (17.91 acres) and located
at the southwest corner of Sandy Lake Road and Northpoint Drive, Coppell, Texas.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: $Coppell Mill 1 reinvestment zone
NOTICE OF PUBLIC HEARING
OF DESIGNATION OF REINVESTMENT ZONE
A PUBLIC HEARING will be conducted by the City Council of the City
of Coppell, Texas, in the Council Chambers, Town Center, 255
Parkway Boulevard, Coppell, Texas on the 22nd day of October,
2002, at 6:00 P.M., to consider designation of the property
described as part of Block A, Lot 1 (Lot 1A), Amberpoint Business
Park at Coppell (17.91 acres), located at the southwest corner of
NorthPoint Drive (Extension) and Sandy Lake Road, Coppell, Texas,
Staples Contract & Commercial, Inc. & Coppell Mill Limited
Partnership, as a Reinvestment Zone under Chapter 312 of the Texas
Property Tax Code.
The Council will seek to determine whether the improvements sought
to be made in the zone are feasible and practical and will be a
benefit to the land included in the zone and to the City after the
expiration of a tax abatement agreement to be entered into
pursuant to Section 312.204 of the Texas Property Tax Code.
At the hearing, interested persons are entitled to speak and
present evidence for or against the designation.
Citizens Advocate October 11, 2002
DEPT: Planning and Economic Development
DATE: October 22, 2002
ITEM #: 12
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of an Ordinance designating the Coppell Mill Limited Partnership; and
Staples Contract and Commercial, Inc. Reinvestment Zone No. 41, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: $Coppell Mill 2 Ordinance-1AR
1 43796
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DESIGNATING
REINVESTMENT ZONE NO. 41 (COPPELL MILL/STAPLES);
PROVIDING ELIGIBILITY OF THE ZONE FOR COMMERCIAL-
INDUSTRIAL TAX ABATEMENT; CONTAINING FINDINGS THAT THE
AREA QUALIFIES TO BE DESIGNATED AS A REINVESTMENT ZONE
AND THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND
PRACTICABLE AND OF BENEFIT TO THE LAND AND THE CITY;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, has caused notice to be
published in a newspaper having general circulation in the City and has delivered such notice to the
presiding officer of the governing body of each taxing unit that includes in its boundaries real
property described herein; and
WHEREAS, the City Council of the City of Coppell, Texas, has conducted a public hearing
on the designation of the area described herein as a reinvestment zone;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS THAT:
SECTION 1:That the City Council of the City of Coppell, Texas finds that the area
described herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the
retention or expansion of primary employment, or to attract major investment in the zone that will
be of benefit to the property and contribute to the economic development of the City. The City
Council further finds that the improvements sought are feasible and practicable and would be of
benefit to the land to be included in the zone and to the City after the expiration of a tax abatement
agreement.
SECTION 2.That pursuant to the provisions of Section 312.201 of the Texas Tax Code,
the property described in Exhibit “A” attached hereto and made a part hereof for all purposes is
hereby designated as a reinvestment zone and for identification is assigned the name “Reinvestment
Zone No. 41 (Coppell Mill/Staples).”
2 43796
SECTION 3.That the property within Reinvestment Zone No. 41 is eligible for
commercial-industrial tax abatement effective on January 1, 2002
SECTION 4.If any article, paragraph or subdivision, clause or provision of this ordinance
shall be adjudged invalid or held unconstitutional, 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 invalid or
unconstitutional.
SECTION 5.That all provisions 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 6.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, on the ______ day of
___________________, 2002.
APPROVED:
CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
ROBERT E. HAGER, CITY ATTORNEY
(PGS/ev/ttl 10/14/02)
DEPT: Planning and Economic Development
DATE: October 22, 2002
ITEM #: 13
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a Resolution approving a Tax Abatement Agreement between the City of
Coppell and Coppell Mill Limited Partnership; and Staples Contract and Commercial, Inc., and authorizing the
Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY: City Council is scheduled to conduct a Public Hearing regarding the designation of
the reinvestment zone on October 22, 2002.
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: $Coppell Mill 3 Resolution-1AR
1 43799
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE
TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND AMONG
THE CITY OF COPPELL, TEXAS, COPPELL MILL LIMITED PARTNERSHIP AND
STAPLES CONTRACT & COMMERCIAL, INC.; AUTHORIZING ITS EXECUTION BY
THE MAYOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by
and among the City of Coppell, Texas, Coppell Mill Limited Partnership and Staples Contract &
Commercial, Inc., a copy of which is attached hereto and incorporated herein by reference; and
WHEREAS, upon full review and consideration of the Agreement, and all matters related
thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be
approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City
of Coppell, Texas;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS, THAT:
SECTION 1.The Agreement attached hereto having been reviewed by the City Council of
the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its
citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to
execute the Agreement on behalf of the City of Coppell, Texas.
SECTION 2.The City Council finds that the improvements proposed to be built upon the
Premises described in the Agreement will enhance the economic vitality of the community through
a combination of new capital investment, increased sales tax revenues, and the creation of additional
job opportunities.
SECTION 3.The tax abatement to be granted by the Agreement will not include
inventory, and supplies.
SECTION 4.The improvements proposed for the Premises will accomplish the tax
abatement guidelines of the City of Coppell, Texas.
2 43799
SECTION 5.The City Manager delivered to the presiding officer of the governing body of
each taxing unit in which the property subject to the Agreement is located, a written notice that the
City of Coppell, Texas, intends to enter into the Agreement. The notice given by the City Manager
included a copy of the Agreement approved by this Resolution.
SECTION 6.This Resolution and the Tax Abatement Agreement are hereby approved by
the affirmative vote of the majority of the members of the City Council of the City of Coppell,
Texas, at a regularly scheduled meeting of the City Council.
SECTION 7.This Resolution shall become effective immediately from and after its
passage.
DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas,
on this the ______ day of ________________, 2002.
CITY OF COPPELL, TEXAS
___________________________________________
CANDY SHEEHAN, MAYOR
ATTEST:
___________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
____________________________________
ROBERT E. HAGER, CITY ATTORNEY
(PGS/ev/ttl 10/14/02)
TAX ABATEMENT AGREEMENT - Page 1 43806
STATE OF TEXAS §
§ TAX ABATEMENT AGREEMENT
COUNTY OF DALLAS §
This Tax Abatement Agreement (the “Agreement”) is entered into by and among the City of
Coppell, Texas (the “City”), duly acting herein by and through its Mayor, Coppell Mill Limited
Partnership (the “Owner”) and Staples Contract & Commercial, Inc., (the “Lessee”) acting by and
through its authorized officer.
W I T N E S S E T H:
WHEREAS, the City Council of the City of Coppell, Texas, (the “City”), passed an
Ordinance (the “Ordinance”) establishing Tax Abatement Reinvestment Zone No. 41 (the “Zone”),
for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax
Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the “Tax Code”); and
WHEREAS, the City has adopted guidelines for tax abatement (the “Tax Abatement
Guidelines”); and
WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria
governing tax abatement agreements to be entered into by the City as contemplated by the Tax
Code; and
WHEREAS, the City has adopted a resolution stating that it elects to be eligible to
participate in tax abatement; and
WHEREAS, in order to maintain and enhance the commercial and industrial economic and
employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter
into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax
Code; and
WHEREAS, Lessee is under contract to purchase the real property described in Exhibit A
attached hereto (“Land”) and to construct certain improvements on the Land (hereinafter defined as
the “Improvements”) and at closing of such purchase, the title to the Land will be held by Owner;
and
WHEREAS, Lessee has or intends to lease the Improvements from Owner upon
completion of construction thereof; and
WHEREAS, the development efforts described herein will create permanent new jobs in
the City; and
WHEREAS, the City Council finds that the contemplated use of the Premises (hereinafter
defined), the contemplated improvements to the Premises thereto in the amount set forth in this
Agreement, and the other terms hereof are consistent with encouraging development of the Zone in
TAX ABATEMENT AGREEMENT - Page 2 43806
accordance with the purposes for its creation and/or in compliance with the Tax Abatement
Guidelines, the Ordinance adopted by the City, the Tax Code and all other applicable laws; and
WHEREAS, the City Council finds that the Improvements sought are feasible and
practicable and would be of benefit to the Premises to be included in the Zone and to the City after
expiration of this Agreement; and
WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the
Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the
Premises is located; and
WHEREAS, the City desires to enter into an agreement with Owner, the proposed owner of
the Premises within the Tax Abatement Reinvestment Zone and with the Lessee for the abatement
of taxes pursuant to Chapter 312 of the Tax Code as amended;
NOW, THEREFORE, in consideration of the mutual benefits and promises contained
herein and for good and other valuable consideration, the adequacy and receipt of which is hereby
acknowledged, including the expansion of primary employment, the attraction of major investment
in the Zone, which contributes to the economic development of Coppell and the enhancement of the
tax base in the City, the parties agree as follows:
GENERAL PROVISIONS
1. Lessee is under contract to purchase the Land, which real property is located within
the city limits of the City and within the Zone and a contract with Amberpoint at Coppell LLC to
construct the Improvements on the Land. At Lessee’s closing of the purchase of the Land, the title
to the Land shall be held by Owner. Upon Completion of Construction of the Improvements Owner
shall lease the same to Lessee for a period of at least five (5) years. Lessee has or intends to lease
the Improvements from Owner for a period of at least five (5) years and to locate Tangible Personal
Property on the Premises.
2. The Premises are not in an improvement project financed by tax increment bonds.
3. This Agreement is entered into subject to the rights of the holders of outstanding
bonds of the City.
4. The Premises are not owned or leased by any member of the Coppell City Council
or any member of the Coppell Planning and Zoning Commission, or any member of the governing
body of any taxing units joining in or adopting this Agreement.
TAX ABATEMENT AUTHORIZED
5. This Agreement is authorized by the Tax Code and in accordance with the City Tax
Abatement Guidelines and Criteria, and approved by resolution of the City Council of the City
authorizing the execution of this Agreement.
TAX ABATEMENT AGREEMENT - Page 3 43806
6. Subject to the terms and conditions of this Agreement, and provided the combined
Taxable Value for the Improvements and the Tangible Personal Property, excluding the Land is at
least Five Million Five Hundred Thousand Dollars ($5,500,000) as of the First Year of Abatement
and as of January 1 of each year thereafter this Agreement is in effect, the City hereby grants Owner
an abatement of seventy-five percent (75%) of the Taxable Value of the Improvements and grants
Lessee an abatement of seventy-five percent (75%) of the Taxable Value of the Tangible Personal
Property for a period of five (5) consecutive years. The actual percentage of Taxable Value of the
Improvements subject to abatement for each year this Agreement is in effect will apply only to the
portion of the Taxable Value of the Improvements that exceeds the Base Year Taxable Value for the
Land. The actual percentage of the Taxable Value of the Tangible Personal Property subject to
abatement will apply only to the tangible personal property added to the Premises after this
Agreement is executed.
7. The period of tax abatement herein authorized shall be for a period of five (5) years.
8. During the period of tax abatement herein authorized, Lessee shall be subject to all
City taxation not abated, including but not limited to, sales tax and ad valorem taxation on land,
inventory and supplies.
DEFINITIONS
9. Wherever used in this Agreement, the following terms shall have the meanings
ascribed to them:
A. The “Base Year Taxable Value” shall mean the Taxable Value for the year
in which this Agreement is executed (2002).
B. An “Event of Bankruptcy or Insolvency” shall mean the dissolution or
termination of a party’s existence as a going business, insolvency, appointment of
receiver for any part of a party’s property and such appointment is not terminated within
ninety (90) days after such appointment is initially made, any general assignment for the
benefit of creditors, or the commencement of any proceeding under any bankruptcy or
insolvency laws by or against a party and such proceeding is not dismissed within ninety
(90) days after the filing thereof.
C. The “First Year of Abatement” shall mean January 1 of the calendar year
immediately following the issuance of the final certificate of occupancy for Owner’s
occupancy of the Improvements.
D. “Force Majeure” shall mean any contingency or cause beyond the reasonable
control of Owner including, without limitation, acts of God or the public enemy, war, riot,
civil commotion, insurrection, adverse weather, government or de facto governmental action
(unless caused by acts or omissions of Owner), fires, explosions or floods, strikes,
slowdowns or work stoppages.
TAX ABATEMENT AGREEMENT - Page 4 43806
E. The “Improvements” shall mean the contemplated improvements to be
constructed on the Premises and as further described herein, as any additions and expansions
thereto.
F. The “Land” shall mean the real property described in Exhibit “A” attached
hereto and incorporated herein for all purposes.
G. The “Premises” shall mean the Land described in Exhibit “A” including the
Improvements but excluding Tangible Personal Property which is added thereto subsequent
to the execution of this Agreement;
H. “Taxable Value” means the appraised value as certified by the Appraisal
District as of January 1 of a given year.
I. “Tangible Personal Property” shall mean tangible personal property,
equipment and fixtures other than inventory or supplies owned or leased by Lessee that is
added to the Premises subsequent to the execution of this Agreement.
IMPROVEMENTS
10. Lessee is under contract with Amberpoint at Coppell, LLC to purchase the Land and
construct or cause to be constructed thereon office/warehouse/distribution facility at least 228,250
square feet of space (and other ancillary facilities such as reasonably required parking and
landscaping more fully described in the submittals filed by Owner, and/or Amberpoint at Coppell,
LLC, with the City from time to time in order to obtain a building permit) (the “Improvements”).
At Lessee’s closing of the purchase title to the Land shall be in the name of the Owner. Lessee will
be or is under contract to lease the Improvements from Owner upon completion for a period of at
least five (5) years beginning the First Year of Abatement. The cost of the Improvements excluding
the land shall be at least Five Million Five Hundred Thousand Dollars ($5,500,000). Nothing in this
Agreement shall obligate Owner to construct the Improvements on the Land or for Lessee to lease
the Improvements or to locate Tangible Personal Property on the Premises, but said actions are
conditions precedent to tax abatement pursuant to this Agreement.
CONSTRUCTION OF IMPROVEMENTS
11. As a condition precedent to the initiation of tax abatement pursuant to this
Agreement, Lessee will diligently and faithfully, in good and workmanlike manner, and pursue the
completion of the contemplated Improvements on or before December 31, 2003, as good and
valuable consideration for this Agreement, and that all construction of the Improvements will be in
accordance with all applicable state and local laws, codes, and regulations, (or valid waiver thereof);
provided, that Owner shall have such additional time to complete and maintain the Improvements as
may be required in the event of “Force Majeure,” if Owner is diligently and faithfully pursuing
completion of the Improvements.
12. Owner and Lessee agree to maintain the Improvements during the term of this
Agreement in accordance with all applicable state and local laws, codes, and regulations. Owner
TAX ABATEMENT AGREEMENT - Page 5 43806
and Lessee agree that the Land and Improvements shall be used only as an
office/warehouse/distribution facility for a period of five (5) years commencing on the date a final
certificate of occupancy is issued for Lessee’s occupancy for the Improvements.
13. The City, its agents and employees shall have the right of access to the Premises
during construction to inspect the Improvements at reasonable times and with reasonable notice to
Owner and Lessee, and in accordance with Owner’s and Lessee’s visitor access and security
policies, in order to insure that the construction and maintenance of the Improvements are in
accordance with this Agreement and all applicable state and local laws and regulations (or valid
waiver thereof).
GENERAL REQUIREMENTS
14. Construction plans for the Improvements constructed on the Land will be filed with
the City, which shall be deemed to be incorporated by reference herein and made a part hereof for
all purposes.
15. After completion of the Improvements, Owner shall certify in writing to the City the
construction cost of the Improvements. Owner and Lessee shall each prior to May 1 of each year
this Agreement is in effect certify in writing to the City that it is in compliance with each term of the
Agreement.
16. The Land and the Improvements constructed thereon at all times shall be used in the
manner (i) that is consistent with the City’s Comprehensive Zoning Ordinance, as amended, and (ii)
that, during the period taxes are abated hereunder, is consistent with the general purposes of
encouraging development or redevelopment within the Zone.
DEFAULT: RECAPTURE OF TAX REVENUE
17. In the event Owner and/or Lessee: (i) fails to complete the Improvements or to cause
the completion of the Improvements in accordance with this Agreement or in accordance with
applicable State or local laws, codes or regulations; (ii) have delinquent ad valorem or State sales
taxes owed to the City with respect to the Premises (provided such party retains its right to timely
and properly protest such taxes or assessment); (iii) have any “Event of Bankruptcy or
Insolvency”; or (iv) breach any of the terms and conditions of this Agreement, then such party, after
the expiration of the notice and cure periods described below, shall be in default of this Agreement.
As liquidated damages in the event of such default, the defaulting party shall, within thirty (30) days
after demand, pay to the City all taxes which otherwise would have been paid to the City without
benefit of a tax abatement for the respective defaulting party’s property, with interest at the statutory
rate for delinquent taxes as determined by Section 33.01 of the Tax Code as amended but without
penalty. The parties acknowledge that actual damages in the event of default termination would be
speculative and difficult to determine. The parties further agree that any abated tax, including
interest as a result of this Agreement, shall be recoverable against such party, its successors and
assigns and shall constitute a tax lien on the party’s respective property and shall become due,
owing and shall be paid to the City within thirty (30) days after termination.
TAX ABATEMENT AGREEMENT - Page 6 43806
18. Upon breach by Owner and/or Lessee of any obligations under this Agreement, the
City shall notify the Owner and Lessee in writing. The Owner and Lessee then shall have thirty
(30) days from receipt of the notice in which to cure any such default. If the default cannot
reasonably be cured within a thirty (30) day period, and the Owner and/or Lessee have diligently
pursued such remedies as shall be reasonably necessary to cure such default, then the City may
extend the period in which the default must be cured.
19. If Owner and/or Lessee fail to cure the default within the time provided as specified
above or, as such time period may be extended, then the City at its sole option shall have the right to
terminate this Agreement by written notice to Owner and Lessee.
20. Upon termination of this Agreement by City, all tax abated as a result of this
Agreement shall become a debt to the City as liquidated damages, and shall become due and
payable not later than sixty (60) days after a notice of termination is made. The City shall have all
remedies for the collection of the abated tax provided generally in the Tax Code for the collection of
delinquent property tax. The City at its sole discretion has the option to provide a repayment
schedule. The computation of the abated tax for the purposes of the Agreement shall be based upon
the full Taxable Value of the Improvements and Tangible Personal Property without tax abatement
for the years in which tax abatement hereunder was received by Owner and/or Lessee, as the case
may be, as determined by the Appraisal District, multiplied by the tax rate of the years in question,
as calculated by the City Tax Assessor-Collector. The liquidated damages shall incur penalties as
provided for delinquent taxes and shall commence to accrue after expiration of the sixty (60) day
payment period.
ANNUAL APPLICATION FOR TAX EXEMPTION; RENDITION
21. It shall be the responsibility of Owner and Lessee, pursuant to the Tax Code, to file
an annual exemption application form with the Chief Appraiser for each Appraisal District in which
the eligible taxable property has situs. A copy of the exemption application shall be submitted to
the City upon request.
SUCCESSORS AND ASSIGNS
22. This Agreement shall be binding on and inure to the benefit of the parties to it and
their respective heirs, executors, administrators, legal representatives, successors, and assigns. This
Agreement may be assigned with the consent of the City Manager, provided however the consent of
the City Manager shall not be required for an assignment to a wholly owned subsidiary of Owner or
Lessee in connection with a transfer and sale of the Land and Improvements or Tangible Personal
Property, as the case maybe, to such entity. After any permitted assignment, all references to
Owner herein shall thereafter be a reference to Owner’s successor with respect to any obligations or
liabilities occurring or arising after the date of such assignment.
TAX ABATEMENT AGREEMENT - Page 7 43806
NOTICE
23. All notices required by this Agreement shall be addressed to the following, or other
such other party or address as either party designates in writing, by certified mail, postage prepaid,
or by hand or overnight delivery:
If intended for Owner, to:
Coppell Mill Limited Partnership
c/o Staples Contract & Commercial, Inc.
500 Staples Drive
Framingham, MA 01702
Attn: Legal Department
Ref: Coppell, Texas (Non-retail)
If intended for Lessee, to:
Staples Contract & Commercial, Inc.
500 Staples Drive
Framingham, MA 01702
Ref: Coppell, Texas (non-retail)
Attn: Real Estate - Legal
(508) 253-0000
If intended for City, to:
Attn: City Manager
City of Coppell, Texas
P. O. Box 478
Coppell, Texas 75019
With copy to:
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
CITY COUNCIL AUTHORIZATION
24. This Agreement was authorized by resolution of the City Council approved by its
Council meeting authorizing the Mayor to execute this Agreement on behalf of the City.
TAX ABATEMENT AGREEMENT - Page 8 43806
SEVERABILITY
25. In the event any section, subsection, paragraph, sentence, phrase or word herein is
held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be
enforceable and shall be read as if the parties intended at all times to delete said invalid section,
subsection, paragraph, sentence, phrase or word.
APPLICABLE LAW
26. This Agreement shall be construed under the laws of the State of Texas. Venue for
any action under this Agreement shall be the State District Court of Dallas County, Texas. This
Agreement is performable in Dallas County, Texas.
COUNTERPARTS
27. This Agreement may be executed in any number of counterparts, each of which shall
be deemed an original and constitute one and the same instrument.
ENTIRE AGREEMENT
28. This Agreement embodies the complete agreement of the parties hereto, superseding
all oral or written previous and contemporary agreements between the parties and relating to the
matters in this Agreement, and except as otherwise provided herein cannot be modified without
written agreement of the parties to be attached to and made a part of this Agreement.
CONVENANTS RUNNING WITH THE PREMISES
29. The provisions of this Agreement are hereby declared covenants running with the
Premises and are fully binding on all successors, heirs, and assigns of Owner who acquire any right,
title, or interest in or to the Premises, or any part thereof. Any person who acquires any right, title,
or interest in or to the Premises, or any part hereof, thereby agrees and covenants to abide by and
fully perform the provisions of this Agreement with respect to the right, title or interest in such
Premises.
RECORDATION OF AGREEMENT
30. A certified copy of this Agreement shall be recorded in the Deed Records of Dallas
County, Texas.
INCORPORATION OF RECITALS
31. The determinations recited and declared in the preambles to this Agreement are
hereby incorporated herein as part of this Agreement.
TAX ABATEMENT AGREEMENT - Page 9 43806
EXHIBITS
32. All exhibits to this Agreement are incorporated herein by reference for all purposes
wherever reference is made to the same.
33. This Agreement and the tax abatement provided herein is expressly subject to
each of the following: (i) Lessee’s construction of the Improvements; (ii) Lessee closing its
purchase of the Land; (iii) Owner taking title to the Land at Lessee’s closing of the purchase of
the Land; (iv) Lessee entering into a contract with Amberpoint at Coppell, LLC to construct the
Improvements; and (v) Lessee leasing the Improvements for a period of at least five (5) years.
Owner shall provide City written evidence reasonably satisfactory to the City that Lessee has
closed its purchase of the Land and that Owner has title to the Land and Lessee has contracted
with Amberpoint at Coppell, LLC to construct the Improvements. Lessee shall, upon closing,
provide City written evidence reasonably satisfactory to the City that Lessee has leased the
Improvements for a period of at least five (5) years.
EXECUTED in duplicate originals this the ____ day of ________, 2002.
CITY OF COPPELL, TEXAS
By: ______________________________________
CANDY SHEEHAN, MAYOR
ATTEST:
By: _______________________________________
LIBBY BALL, CITY SECRETARY
AGREED AS TO FORM:
By:
PETER G. SMITH, CITY ATTORNEY
TAX ABATEMENT AGREEMENT - Page 10 43806
EXECUTED in duplicate originals this the ____ day of ________, 2002.
STAPLES CONTRACT & COMMERCIAL, INC.
By: _______________________________________
Name: _____________________________________
Title: ______________________________________
EXECUTED in duplicate originals this the ____ day of ________, 2002.
COPPELL MILL LIMITED PARTNERSHIP
By: _______________________________________
Name: _____________________________________
Title: ______________________________________
TAX ABATEMENT AGREEMENT - Page 11 43806
CITY’S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of _______________,
2002, by Candy Sheehan, Mayor of the City of Coppell, Texas, a Texas municipality, on behalf of
said municipality.
___________________________________
Notary Public, State of Texas
My Commission Expires:
_________________________
TAX ABATEMENT AGREEMENT - Page 12 43806
LESSEE’S ACKNOWLEDGMENT
STATE OF MASSACHUSETTS §
§
COUNTY OF MIDDLESEX §
This instrument was acknowledged before me on the _______ day of ___________,
2002, by ___________________ being the ______________ of Staples Contract & Commercial,
Inc., on behalf of said corporation.
Notary Public, State of Massachusetts
My Commission Expires:
TAX ABATEMENT AGREEMENT - Page 13 43806
OWNER’S ACKNOWLEDGMENT
STATE OF ______________ §
§
COUNTY OF ______________ §
This instrument was acknowledged before me on the _______ day of ___________,
2002, by ___________________ being the ______________ of Coppell Mill Limited
Partnership, on behalf of said partnership.
Notary Public, State of Texas
My Commission Expires:
EXHIBIT “A”
LEGAL DESCRIPTION OF LAND
DEPT: City Manager
DATE: October 22, 2002
ITEM #: 14
AGENDA REQUEST FORM
ITEM CAPTION: PUBLIC HEARING: Consider a request by Coppell Bible Fellowship to waive Impact Fees
as provided for in Chapter 17-1-22B of the Code of the City of Coppell. Said requested waiver to include water
and sewer facilities fees, and roadway facility fees.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: !Waiver
October 4, 2002
Duke Clark
Treasurer
Coppell Bible Fellowship
P. O. Box 2352
Coppell, TX 75019
RE: Coppell Bible Fellowship Fee Assessments
Dear Mr. Clark:
I received your letter dated October 3 in reference to the waiver of city fees as assessed by our
Engineering Department under the city’s Impact Fee Ordinance, as authorized by the State of Texas.
In reviewing your letter, as well as the city’s Impact Fee Ordinance, a Public Hearing must be held before
the City Council in order to grant a waiver from the Impact Fees as established by Ordinance. Said
Hearing will be scheduled for October 22, 2002 at the regular City Council Meeting. Council Meetings
begin at 7 p.m. in the Council Chambers here at Town Center. I will be enclosing a copy of your letter,
plus the attached Exemption Application supplied by the Dallas Central Appraisal District as backup to
this agenda item.
During the Public Hearing you may present your case regarding your request for waiver. Let me advise
you that as of this date, the city of Coppell has not waived any Impact Fees for any churches in our
community.
If you have any further questions, please feel free to contact me. Also, please advise if the October 22
date is inconvenient or if you cannot attend.
Respectfully,
Jim Witt
City Manager
JW:kb
cc: Mayor and Council
Bob Hager
Clay Phillips
Ken Griffin
Sec. 17-1-20. Use of other financing mechanisms.
A. The city may finance capital improvements or facilities expansions designated in the impact fee capital
improvements plan through the issuance of bonds, through the formation of public improvement districts or other
assessment districts, or through any other authorized mechanism, in such a manner and subject to such limitations as
may be provided by law, in addition to the use of impact fees.
B. Except as otherwise provided, the assessment and collection of the impact fees shall be additional and
supplemental to, and not in substitution of, any other tax, fee, charge or assessment which is lawfully imposed on and
due against the property.
C. City may pay all or part of impact fees due for a new development taking into account available offsets and credits
pursuant to duly adopted criteria.
(Ord. No. 95685)
Sec. 17-1-21. Impact as additional and supplemental regulation.
A. Impact fees established by this chapter are additional and supplemental to, and not in substitution of, any other
requirements imposed by the city on the development of land or issuance of building permits or certificates of
occupancy. Such fee is intended to be consistent with and to further the policies of the city's comprehensive plan, the
impact fee capital improvements plan, the zoning ordinance, subdivision regulations and other city policies, ordinances
and resolutions by which the city seeks to ensure the provision of adequate public facilities in conjunction with the
development of land.
B. Receipt by the city of impact fees payable under this chapter is a condition to the release of plats for recording, to
the issuance of a building permit or certificate of occupancy, or to water and sewer utility connection and service, as the
case may be.
(Ord. No. 95685)
Sec. 17-1-22. Relief procedures.
A. Any person who has paid an impact fee or an owner of land upon which an impact fee has been paid may petition
the city council to determine whether any duty required by this chapter has not been performed within the time so
prescribed. The petition shall be in writing and shall state the nature of the unperformed duty and request that the act be
performed within 60 days of the request. If the city council determines that the duty is required pursuant to this chapter
and is late in being performed, it shall cause the duty to commence within 60 days of the date of the request and to
continue until completion.
B. The city council may grant a variance or waiver from any requirement of this chapter, upon written request by a
developer or owner of property subject to this chapter, following a public hearing, and only upon finding that a strict
application of such requirement would, when regarded as a whole, result in confiscation of the property.
C. The city council may grant a waiver from any requirement of this chapter on other grounds, as may be set forth in
administrative guidelines.
D. If the city council grants a variance or waiver to the amount of the impact fee due for a new development under
this section, it shall cause to be appropriated from other city funds the amount of the reduction in the impact fee to the
account for the service area in which the property is located.
(Ord. No. 91533.1; Ord. No. 95685)
DEPT: Parks and Recreation
DATE: October 22, 2002
ITEM #: 15
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a Professional Services Agreement with TBG Partners for
the Design, Construction Documentation and Contract Administration for the
Development of two sections of Denton Creek Trail, in an amount not to exceed
$59,250.00, and authorizing the President of CRDC to sign.
GOAL(S):
EXECUTIVE SUMMARY:
The Coppell Recreation Development Corporation (CRDC) has included in their
2001-02 priorities, the continuation of the Denton Creek Trail System.
The two sections of trail to be developed have been determined through the
CRDC Trail Priority List and are to be funded with CRDC funds. The first of
the two sections can be described as the continuation of the Lake Park Trail,
North around the most eastern pond at Moore Road Park. The new section will
connect the existing trail, which terminates at Glen Lakes Drive, along the
north eastern section of the park, to the trail at the Moore Road practice
area. The second section of trail is planned as the section of trail
connecting the Coppell Road Trail, installed with the North Coppell Road
Improvement, to the Copperstone Trail, through the Ashbury Manor Development.
These two trail sections will complete the Denton Creek Trail System with the
exception of one section connecting the entire system to The City of
Grapevine. This section is not anticipated for some time as some property
issues need to be worked out in the area where the trail is proposed.
The contract now under consideration for approval will allow TBG Partners to
prepare Design, Construction Documents, bidding, award of contract and
Construction Observation of these Trail Sections. The fees total an amount
not to exceed $59,250.00 for these services.
FINANCIAL COMMENTS: The funds needed for this project have been allocated from the CRDC ½ cent sales
tax proceeds.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: ^TBG Contract
STATE OF TEXAS §
§ PROFESSIONAL SERVICES CONTRACT
COUNTY OF DALLAS §
This Agreement (“AGREEMENT”) is made by and between the Coppell Recreational
Development Corporation (“CRDC”) and TBG Partners (“TBG”) acting by and through their
authorized representatives.
RECITALS:
WHEREAS, the CDRC desires to construct a trail and boardwalk of approximately 1.5
miles in length, known as Coppell Trails ("PROJECT"); and
WHEREAS, TBG to perform professional services in accordance with State, Federal
and Local laws; and
WHEREAS, the CDRC desires to engage the services of TBG, as an independent
contractor and not as an employee, for professional services related to the planning, design and
full landscape architectural for the PROJECT on the terms and conditions provided in this
AGREEMENT; and
WHEREAS, TBG desires to render professional services for the CDRC on the terms
and conditions provided in this AGREEMENT;
NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties
agree as follows:
TERM
The term of this AGREEMENT shall begin on the date of its execution by all parties.
This AGREEMENT shall continue until TBG completes the services required herein to the
satisfaction of the CDRC, unless sooner terminated as provided herein.
BASIC SCOPE OF SERVICES
1.01 TBG shall provide schematic design, design development, construction documentation
and construction observation services, as set forth hereinbelow, for the following scope items:
A. Finish grading and surface drainage of pedestrian pavements and planting areas.
B. Pedestrian pavements.
C. Landscape walls and related site structural elements required in support of trail
construction.
D. Site furniture including benches and trash receptacles (if any).
PROFESSIONAL SERVICES CONTRACT - Page 1 49705
E. Selection, location and mounting details of fixtures for site lighting (Site lighting
circuitry not included in this proposal).
F. Seeding and soil amendment.
G. Site graphics to include placement and detailing of trail signage (TBG to comply
with established standard in park).
1.02 TBG shall retain and direct the services of professional consultants for:
A. Structural engineering for landscape walls, steps, railings and related site
structural elements.
B. Survey for topography, normal lake water level and existing trees in the
approximate areas for the proposed trail. It is assumed that the CDRC has
existing boundary survey completed for the park area.
PROCEDURE
The following tasks shall be performed by phase, with an independent accounting for
each, to be reflected in project invoicing.
2.01 Schematic Design: TBG shall prepare a complete Schematic Design Package for the
project to include color rendered plans, sections and/or elevations as necessary to convey
the complete design intent, and allow for preparation of a preliminary Order of
Magnitude Cost Estimate. TBG shall prepare design drawings to maintain compliance
with established budget parameters as identified by the CDRC prior to commencement of
Agreement.
During preparation of Schematic Design drawings, TBG shall coordinate the services of
a survey company to provide topographic and existing tree survey. It is not anticipated
that this process will be complete prior to completion of Schematic Design, but TBG
shall conduct on-site visits to ensure that design progresses within reasonable context to
existing conditions.
PROFESSIONAL SERVICES CONTRACT - Page 2 49705
2.02 Design Development: Upon CRDC's review and approval of Schematic Design
documents above (including O of M Cost Estimate), TBG shall prepare design
development drawings and shall refine the Order of Magnitude Cost Estimate for TBG's
portion of the work. The design development plans shall define the character and
essentials of the project, including selection of materials. It is anticipated that site survey
be completed prior to commencement of Design Development. TBG shall coordinate
survey information with design layout during this phase.
2.03 Construction Documentation: Upon CRDC's approval of the design development plans
and preliminary cost estimate, TBG shall develop working drawings and technical
sections of specifications to construct the work and shall prepare a final estimate of
probably construction cost. CRDC shall be responsible for Contract Requirements and
General Requirements divisions of the specifications.
TBG shall prepare working drawings and technical sections of specifications to conform
to applicable codes and regulations of governmental bodies having jurisdiction over the
work at the time of preparation. TBG shall coordinate submittal of all documents for
approval by the CRDC and TDLR.
2.04 TBG shall assist CRDC in obtaining and evaluating bids or negotiating proposals, and
assist in awarding and preparing contracts for construction.
ADDITIONAL SCOPE OF SERVICES
The following services will only be provided upon receipt of written authorization from
the CRDC. The description of services provided below is offered for informational purposes,
with site visit and fee estimates provided for budgeting purposes.
3.01 Construction Observation: TBG shall make periodic visits to the site (based on the site
visit schedule provided below) to familiarize itself generally with the progress and quality
of construction and to determine in general if the construction is proceeding in
accordance with TBG's design intent and construction documents. On the basis of its
observations while at the site, TBG shall keep CRDC informed of the progress of
construction. TBG may recommend to CRDC the rejection of work failing to conform
to the contract documents. TBG shall prepare and process change orders only with prior
approval of CRDC.
TBG shall endeavor to secure compliance by the contractor to the plans and
specifications. TBG shall not be responsible for construction means, methods,
techniques, sequences or procedures, or job site safety, in connection with the work and
TBG shall not be responsible for the contractor's errors or omissions, or failure to carry
out the work in accordance with the contract documents.
PROFESSIONAL SERVICES CONTRACT - Page 3 49705
SITE VISIT SCHEDULE (Estimate)
Pre-Construction Conference 1
Trail Layout 3
Site Grading 3
Irrigation 3
Trail / Boardwalk Construction 5
Planting 2
Substantial Completion 2
Final Acceptance 1
Total Site Visits 20
DEVELOPMENT BUDGETS
4.01. For the purposes of this Scope of Work, TBG shall begin planning and design with a
development budget of Six Hundred Sixty Thousand Dollars ($660,000.00), inclusive of
fees quoted herein.
4.02 This development budget shall be revised and approved at the completion of Schematic
Design, Design Development and Working Drawing Phase.
4.03 In the event that this development budget is reduced or increased by more than ten
percent (10%) between the time of approval of the Schematic Design phase and the time
of award of a construction contract, cost of modification of drawings and specifications to
meet the changed project budget shall be considered Extra Services.
PROJECT SCHEDULE
5.01 It is understood that time is of the essence with this project. Therefore, upon
authorization by the CRDC, TBG shall commence services on or before August 12,
2002. TBG shall complete the Schematic Design and have surveying underway on or
before September 20, 2002. Schematic Design shall be ready for presentation to the Park
Board for the first scheduled meeting in October, 2002.
PROFESSIONAL SERVICES CONTRACT - Page 4 49705
EXCLUSIONS TO SCOPE OF SERVICES
6.01 CRDC shall provide the following information or services as required for performance of
the work. TBG assumes no responsibility for the accuracy of such information or
services and shall not be liable for error or omissions therein. Should TBG be required to
provide services in obtaining or coordinating compilation of this information, such
services shall be charged as Extra Services.
A. Boundary surveys
B. Legal description of property
C. Soils testing and/or engineering
D. Existing site engineering and utility base information
E. Engineering other than that provided within the Scope of Services, including site
electrical (lighting circuitry) and civil (utility rough-ins and drainage area
improvements) as required.
FEES AND TERMS
7.01 FEE for Basic Services: Services described hereinabove for Basic Services shall be
provided for a lump sum fee amount of Forty-two Thousand Seven Hundred Fifty Dollars
($42,750.00), inclusive of surveying services as described herein.
7.02 FEE for Additional Services: Additional Services, as described hereinabove for the
construction phase services, shall be provided in addition to Basic Services and only upon
written authorization from the CRDC. Additional Services shall be in an amount not to
exceed Seven Thousand Five Hundred Dollars ($7,500.00).
Services shall be provided in accordance with the terms and conditions specified
hereinbelow.
7.03 Reimbursable Costs: The following costs shall be reimbursed at cost plus ten percent
(10%) and are not included in the Fee for Professional Services:
A. Cost of copies of drawings, specifications, reports and cost estimates; xerography
and photographic reproduction of drawings and other documents furnished or
prepared in connection with the work of this contract.
B. Cost of postage and shipping expenses other than first class mail.
C. Long-distance telephone and telegraph charges.
D. Photographic services, film and processing.
E. Local automobile travel at thirty-one cents ($0.31) per mile.
F. Cost of models, special renderings, promotional photography, special process
printing, special equipment, special printed reports or publications, maps and
documents approved in advance by the CRDC.
G. Fees for additional consultants retained with the approval of the CRDC.
PROFESSIONAL SERVICES CONTRACT - Page 5 49705
Reimbursable Costs shall be in an amount not to exceed Nine Thousand Dollars
($9,000.00), except that prior written authorization from the CRDC is granted for such
amount to be exceeded.
7.04 Extra Services:
A. Extra Services shall be provided on a time basis charged at a multiple of 2.5 times
Direct Personnel Expense (DPE). DPE includes all calculations for overhead and
profit. The following is a schedule of rates by position:
(1) Principal $ 120.00
(2) Senior Associate $ 75.00
(3) Associate $ 65.00
(4) Staff $ 50.00
(5) Clerical $ 35.00
B. Extra Services include but are not limited to:
(1) Revisions and changes in drawings, specifications or other documents
when such revisions are inconsistent with approvals or instructions
previously given by the CRDC; or the preparation of alternates or
deductive change orders requested by the CRDC.
(2) Preparation of record drawings or of measured drawings of existing
conditions.
(3) Providing prolonged construction observation (additional site visits over
and above quantity in schedule above) should the construction time be
substantially extended through no fault of TBG.
7.05 Right to Suspend Services: TBG shall have the right to suspend services on this project if
(a) the parties have not executed a written contract for TBG's services and unpaid
invoices have been rendered with an aggregate balance exceeding Five Thousand Dollars
($5,000.00); or (b) unpaid project invoices over ninety (90) days old exceed Five
Thousand Dollars ($5,000.00) in the aggregate.
AMENDMENT
8.01 This AGREEMENT may be amended by the mutual written agreement of the parties.
GOVERNING LAW
9.01 The validity of this AGREEMENT and any of its terms or provisions, as well as the
rights and duties of the parties, shall be governed by the laws of the State of Texas; and
venue for any action concerning this AGREEMENT shall be in Dallas County, Texas.
PROFESSIONAL SERVICES CONTRACT - Page 6 49705
NOTICE
10.01 Any notice or other communication shall be in writing and shall be deemed given when
sent Registered or Certified Mail, Postage Prepaid, in the United States Mail, addressed
as set forth below, or to such other address as either of the parties shall advise the other in
writing.
If intended for CRDC:
Victor Burke
President
City of Coppell
255 Parkway Blvd.
Coppell, Texas 75019
If intended for TBG:
Jim Manskey
Principal
TBG Partners
302 Market Street, Ste. 450
Dallas, Texas 75202
LEGAL CONSTRUCTION
11.01 In the event any one or more of the provisions contained in this AGREEMENT shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not effect any other provisions and the
AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision
had never been contained in this AGREEMENT.
11.02. It is understood and agreed that TBG, in satisfying the conditions of this
AGREEMENT, is acting independently and that the CRDC assumes no responsibility or
liabilities to any third party in connection with this AGREEMENT. All services to be
performed by TBG under this AGREEMENT shall be in its capacity as an independent
contractor and not as an agent or employee of the CRDC. TBG shall supervise the
performance of its services and shall be entitled to control the manner and means by
which its services are to be performed, subject to compliance with this AGREEMENT
and any specifications, schedules or plans approved by the CRDC.
PROFESSIONAL SERVICES CONTRACT - Page 7 49705
CAPTIONS
12.01 The captions used in this AGREEMENT are for convenience only and shall not affect in
any way the meaning or interpretations of the provisions set forth herein.
COUNTERPARTS
13.01 This AGREEMENT may be executed in any number of counterparts, each of which
shall be deemed an original and constitute one and the same instrument.
TERMINATION
14.01 This AGREEMENT shall continue until termination by either party by giving ten (10)
calendar days prior written notice to the other party. In the event of such termination, TBG
shall be compensated, at the rates set forth hereinabove, for all accepted and approved work
that complies with the terms of the Agreement and is performed and submitted prior to date
of termination.
REVOCATION OF PROPOSAL
15.01 This proposal shall be considered revoked if acceptance is not received within ninety (90)
days of the date hereof.
EXECUTED this _______ day of _____________________, 2002.
COPPELL RECREATIONAL DEVELOPMENT
CORPORATION
By:
VICTOR BURKE, President
ATTEST:
By:
MARK TEPPER, Secretary
APPROVED AS TO FORM:
By:
ROBERT HAGER, City Attorney
PROFESSIONAL SERVICES CONTRACT - Page 8 49705
EXECUTED this _______ day of _____________________, 2002.
TBG PARTNERS
By:
JIM MANSKEY
Principal
PROFESSIONAL SERVICES CONTRACT - Page 9 49705
DEPT: City Manager
DATE: October 22, 2002
ITEM #: 16
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a resolution supporting necessary legislation and Dallas Area Rapid
Transit (DART) policy changes to allow expansion and extension of DART services to local government
jurisdictions through local option citizen elections pledging payments to the DART system in an amount
equivalent to a one-cent sales tax, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: !DART
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO. _________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS SUPPORTING NECESSARY LEGISLATION AND DALLAS AREA
RAPID TRANSIT (DART) POLICY CHANGES TO ALLOW EXPANSION
AND EXTENSION OF DART SERVICES TO LOCAL GOVERNMENT
JURISDICTIONS THROUGH LOCAL OPTION CITIZEN ELECTIONS
PLEDGING PAYMENTS TO THE DART SYSTEM IN AN AMOUNT
EQUIVALENT TO A ONE-CENT SALES TAX.
WHEREAS, mobility throughout the North Texas area is a key
element of a continued positive quality of life and economic
viability; and
WHEREAS, the City of Coppell finds that to maintain mobility,
enhance the quality of life for citizens, promote economic
development, and address issues associated with reducing roadway
congestion and achieving federal air quality mandates quality
transit services must be available; and
WHEREAS, such transit and mobility services provided by DART
can contribute to achieving the above cited elements; and
WHEREAS, current State law and DART policy prevents extension
and expansion of DART services to other areas unless that area has
the capability to implement a one-cent sales tax within the
existing State cap on sales tax of 8¼ cent; and
WHEREAS, the benefits of extension of DART services to areas
in the future enhance the entire North Texas area.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS URGES THAT:
1. The State Legislature and DART provide necessary legislation
and policy changes to allow a city to become a transitional
member of DART with a pledge of the equivalent of one-cent
sales tax of city-secured funding that is from non-State
and/or non-federal funds. Such “ membership” should require a
citizen vote and a binding commitment to DART to match
existing requirements on “ member” cities as to any future
withdrawal by the city and continued funding to DART on debt
related issues.
2. Legislation should provide a means for a city having adopted
an economic development sales tax to join a metropolitan
transportation authority by public election and dedicating
the required sales tax to the authority upon satisfying its
pervious tax obligations or dedicating alternative funding
equal to the required sales tax.
3. Upon adoption by a super majority of the current thirteen
“ member” DART cities such a proposal should become a
priority for legislative action.
4. Copies of this Resolution shall be forwarded to the Dallas
Regional Mobility Coalition, the DART Board, and appropriate
officials at the State level.
DULY PASSED by the City Council of the City of Coppell, Texas
this _____ day of October 2002.
APPROVED:
____________________________________
Candy Sheehan, Mayor
ATTEST:
_____________________________
Libby Ball, City Secretary
APPROVED AS TO FORM:
_____________________________
Robert E. Hager, City Attorney
DEPT: Parks and Recreation
DATE: October 22, 2002
ITEM #: 17
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of the recommendations to modify the City of Coppell Standards of Care Policy and the
required annual adoption of the manual for City of Coppell Youth Recreational Programs
GOAL(S):
EXECUTIVE SUMMARY: As required by Senate Bill 212, as approved by the Texas Legislature during the 74th
Legislative session, it is the responsibility of the City Council to annually review and modify as needed, the City of
Coppell Standards of Care for Youth Programs. These Standards of Care cover such areas as training of staff,
disciplinary policies, issuance of medications, parental notification of confidential issues, etc. for all youth
recreational programs operated by the City of Coppell Parks and Recreation Department. The original Standards
of Care for Youth Programs was approved by City Council in 1997 and have been annually reviewed and
approved.
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: ^Standards of Care
PARKS AND RECREATION DEPARTMENT
Date: October 10, 2002
To: Mayor and Council
From: Gary D. Sims, CPRP, Director of Parks and Recreation
Re: Annual Review and recommendations of modifications to the City of
Coppell Standards of Care Policy manual
As required by Senate Bill 212, as approved by the Texas Legislature during the 74th
Legislative session, it is the responsibility of the City Council to annually review and
modify as needed, the City of Coppell Standards of Care for Youth Programs. These
Standards of Care cover such areas as training of staff, disciplinary policies, issuance of
medications, parental notification of confidential issues, etc. for all youth recreational
programs operated by the City of Coppell. The original Standards of Care for Youth
Programs was approved by City Council in 1997.
This annual review is a formality to ensure the cities in Texas offering any programs and
services that involve childcare perform an annual review and update of their Standards of
Care Manuals. A copy of the manual is attached for your review. Staff recommends
only one change, which is to reflect the change of the Department name from Parks and
Leisure Services to Parks and Recreation, as follows:
1. In any location where “Parks & Leisure Services” was used, this term was
replaced by “Parks & Recreation Department”, as directed by the City Manager.
Please do not hesitate to contact me if I can provide any additional information or should
you have any questions regarding this item.
CITY OF COPPELL YOUTH PROGRAMS
STANDARDS OF CARE
The Standards of Care are intended to be minimum standards by which the City of Coppell Parks
& Recreation Department will operate the City's Youth Programs. The programs operated by the
City are recreational in nature and are not day care programs.
GENERAL ADMINISTRATION
Organization
A. The governing body of the City of Coppell Youth Programs is the Coppell City
Council.
B. Implementation of the Youth Programs Standards of Care is the responsibility of
the Parks & Recreation Department Director and Departmental employees.
C. Youth Program ("Program") to which these Standards of Care will apply is the
Summer Recreation Program and selected days off from the school calendar.
D. Each Youth Program site will have available for public and staff review a current
copy of the Standards of Care.
E. Parents of participants will be provided a current copy of the Standards of Care
during the registration process.
F. Criminal background checks will be conducted on prospective Youth Program
employees. If results of the criminal check indicate that an applicant has been
convicted of any of the following offenses, he or she will not be considered for
employment:
(1) a felony or a misdemeanor classified as an offense against a person or
family;
(2) a felony or misdemeanor classified as public indecency;
(3) a felony or misdemeanor violation of any law intended to control the
possession or distribution of any controlled substance;
(4) any offense involving moral turpitude;
(5) any offense that would potentially put youth participants or the City of
Coppell at risk.
Definitions
A. City: City of Coppell
B. City Council: City Council of the City of Coppell
C. Department: Parks & Recreation Department of The City of Coppell
D. Youth Programs or Program: City of Coppell Youth Programs currently
consisting of the Summer Recreation Program and selected days off from school.
E. Program Manual: Notebook of policies, procedures, required forms, and
organizational and programming information relevant to Coppell Youth
Programs.
F. Director: City of Coppell Parks & Recreation Department Director or his or her
designee.
G. Parks & Recreation Manager: City of Coppell Parks and Leisure Department
Leisure Services Manager.
H. Recreation Services Supervisor: City of Coppell Parks & Recreation Department
Recreation Services Supervisor.
I. Site Director: City of Coppell Parks & Recreation Department
Seasonal/Temporary Programmer who has been assigned administrative
responsibility for a Coppell Youth Program.
J. Program Counselor: City of Coppell Parks & Recreation Department
Seasonal/Temporary employee who has been assigned responsibility to
implement the City's Youth Program.
K. Program Site: Area and facilities where Coppell Youth Programs are held
consisting of the Coppell Independent School District Campus and the Aquatic
and Recreation Center.
L. Participant: A youth whose parent(s) have completed all required registration
procedures and determined to be eligible for a Coppell Youth Program.
M. Parent(s): This term will be used to represent one or both parent(s) or adults who
have legal custody and authority to enroll their child(ren) in Coppell Youth
Programs.
N. Employee(s): Term used to describe people who have been hired to work for the
City of Coppell and have been assigned responsibility for managing,
administering, or implementing some portion of the Coppell Youth Programs.
O. Recreation Center: The Coppell Independent School District campuses or the
Aquatics and Recreation Center which hosts the Summer Recreation Program
and selected days off from school.
Inspections/Monitoring/Enforcement
A. A monthly inspection report will be initiated by the Site Director of each
Program to confirm that the Standards of Care being met.
(1) Inspection reports will be sent to the Recreation Services Supervisor for
review and kept on record for at least two years.
(2) The Parks & Recreation Manager will review the report and establish
deadlines and criteria for compliance with the Standards of Care.
B. The Leisure Services Manager will make visual inspections of the Program based
on the following schedule:
(1) The Summer Recreation Program will be inspected twice during its
summer schedule. In addition, selected days at the Aquatics and
Recreation Center will be visited during the school year.
C. Complaints regarding enforcement of the Standards of Care will be directed to
the Site Director. The Site Director will be responsible to take the necessary
steps to resolve the problems. The Site Director will record complaints regarding
enforcement of the Standards of Care and their resolution. The Recreation
Services Supervisor will address serious complaints regarding enforcement of the
Standards of Care and the complaint and resolution will be noted.
D. The Parks & Recreation Manager will make an annual report to the City Council
on the overall status of the Youth Program and its operation relative to
compliance with the adopted Standards of Care.
Enrollment
A. Before a child can be enrolled a parent must sign registration forms that contain
the child's:
(1) name, address, home telephone number;
(2) name and address of parents and telephone number during Program
hours;
(3) the names and telephone numbers of people to whom the child can be
released;
(4) a statement of the child's special problems or needs;
(5) emergency medical authorization;
(6) proof of residency when appropriate; and
(7) a liability waiver
Suspected Abuse
Program employees will report suspected child abuse or neglect in accordance with the
Texas Family Code.
STAFFING - RESPONSIBILITIES AND TRAINING
Site Director Qualifications
A. Site Director will be Seasonal/Temporary professional employees of the City of
Coppell Parks & Recreation Department and will be required to have all
Recreation Site Director qualifications as outlined in Section 7 of this document.
B. Site Director must be at least 21 years old
C. Site Director must have a bachelor's degree from an accredited college or
university. Acceptable degrees include:
(1) Recreation Administration or General Recreation
(2) Physical Education, Secondary or Elementary Ed.
(3) Any other comparable degree plan that would lend itself to working in a
public recreation environment
D. Site Director must have two years experience planning and implementing
recreational activities.
E. Site Director must pass a background investigation including testing for illegal
substances.
F. Site Director must have successfully completed a course in First Aid and Cardio
Pulmonary Resuscitation (CPR) based on either American Heart Association or
American Red Cross standards.
G. Site Director must be able to furnish proof of a clear tuberculosis test within 12
months prior to their employment date.
Site Director's Responsibilities
A. Site Directors are responsible to administer the Programs' daily operations in
compliance with the adopted Standards of Care.
B. Site Directors are responsible to recommend for hire, supervise, and evaluate
Counselors.
C. Site Directors are responsible for planning, implementing, and evaluating
programs.
Counselor Qualifications
A. Counselors will be Seasonal/Temporary employees of the Parks & Recreation
Department.
B. Counselors working with children must be age 16 or older; however, each site
will have at least one employee 18 years old or older present at all times.
C. Counselors should be able to consistently exhibit competency, good judgement,
and self-control when working with children.
D. Counselors must relate to children with courtesy, respect, tolerance, and patience.
E. Counselors must have successfully completed a course in First Aid and CPR
based on either American Heart Association or American Red Cross standards.
An exception can be made for no more than one staff person at each site and that
person shall successfully complete a First Aid and CPR course within four weeks
of starting work.
F. Each Counselor must be able to furnish proof of a clear tuberculosis test within
the 12 months prior to their employment date.
G. Counselors must pass a background investigation including testing for illegal
substances.
Counselor Responsibilities
A. Counselors will be responsible to provide participants with an environment in
which they can feel safe, can enjoy wholesome recreation activities, and can
participate in appropriate social opportunities with their peers.
B. Counselors will be responsible to know and follow all City, Departmental, and
Program standards, policies, and procedures that apply to Coppell Youth
Programs.
C. Counselors must ensure that participants are released only to an authorized parent
or an authorized adult designated by the parent. All Program sites will have a
copy of the Department approved plan to verify the identity of a person
authorized to pick up a participant if that person is not known to the Counselor.
Training/Orientation
A. The Department is responsible for providing training and orientation to Program
employees in working with children and for specific job responsibilities. Site
Director will provide each Counselor with a Program manual specific to the
Youth Program.
B. Program employees must be familiar with the Standards of Care for Youth
Program operation as adopted by the City Council.
C. Program employees must be familiar with the Program's policies including
discipline, guidance, and release of participants as outlined in the Program
Manual.
D. Program employees will be trained in appropriate procedures to handle
emergencies.
E. Program employees will be trained in areas including City, Departmental, and
Program policies and procedures, provision of recreation activities, safety issues,
child psychology, and organization.
F. Program employees will be required to sign an acknowledgement that they
received the required training.
OPERATIONS
Staff-Participant Ratio
A. In a Coppell Youth Program, the standard ratio of participants to Counselors
shall not exceed 20 to 1. In the event a Counselor is unable to report to the
Program site, a replacement will be assigned.
B. Each participant shall have a Program employee who is responsible for him or
her and who is aware of the participant's habits, interests, and any special
problems as identified by the participant's parent(s) during the registration
process.
Discipline
A. Program employees will implement discipline and guidance in a consistent
manner based on the best interests of Program participants.
B. There must be no cruel or harsh punishment or treatment.
C. Program employees may use brief, supervised separation from the group if
necessary.
D. As necessary, Program employees will initiate discipline reports to the parent(s)
of participants. Parents will be asked to sign discipline reports to indicate they
have been advised about specific problems or incidents.
E. A sufficient number and/or severe nature of discipline reports as detailed in the
Program Manual may result in a participant being suspended from the Program.
F. In instances where there is a danger to participants or staff, offending participants
will be removed from the Program site as soon as possible.
Programming
A. Program employees will attempt to provide activities for each group according to
the participants' ages, interests, and abilities. The activities must be appropriate
to participants' health, safety, and well being. The activities also must be flexible
and promote the participants' emotional, social, and mental growth.
B. Program employees will attempt to provide indoor and outdoor time periods that
include:
(1) Alternating active and passive activities;
(2) Opportunity for individual and group activities, and
(3) Outdoor time each day weather permits.
C. First Aid supplies and a First Aid and emergency care guide will be available in
all Program vehicles that transport children.
D. All Program vehicles used for transporting participants must have available a 6-
BC portable fire extinguisher which will be installed in the passenger
compartment of the vehicle and must be accessible to the adult occupants.
Communication
A. The Program site will have a mobile phone to allow the site to be contacted by
Parks & Recreation personnel or for making emergency calls.
B. The Site Director will post the following telephone numbers adjacent to a mobile
phone accessible to all Program employees at the site:
(1) Coppell Ambulance or Emergency Medical Services.
(2) Coppell Police Department
(3) Coppell Fire Department
(4) Coppell Independent School District campuses
(5) Numbers at which parents may be reached
(6) The telephone number for the site itself
Transportation
A. Before a participant may be transported to and from city sponsored activities, a
transportation form, completed by the parent of the participant, must be filed with
the Site Director.
B. First Aid supplies and a First Aid and emergency care guide will be available in
all Program vehicles that transport children.
C. All Program vehicles used for transporting participants must have available a 6-
BC portable fire extinguisher which will be installed in the passenger
compartment of the vehicle and must be accessible to the adult occupants.
FACILITY STANDARDS
Safety
A. Program employees will inspect the Program site daily to detect sanitation and
safety concerns that might affect the health and safety of the participants. A
daily inspection report will be completed by Program employees and kept on file
by the Site Director.
B. Buildings, grounds, and equipment on the Program site will be inspected,
cleaned, repaired, and maintained to protect the health of the participants.
C. Program equipment and supplies must be safe for the participants' use.
D. Program employees must have First Aid supplies readily available at each site,
during transportation to an off-site activity, and for the duration of any off-site
activity.
E. Program air conditioners, electric fans, and heaters must be mounted out of
participants' reach or have safeguards that keep participants from being injured.
F. Program porches and platforms more than 30 inches above the ground must be
equipped with railing participants can reach.
G. All swing seats at the Program site must be constructed of durable, lightweight,
relatively pliable material.
H. Program employees must have First Aid supplies readily available to staff in a
designated location. Program employees must have an immediately accessible
guide to First Aid and emergency care.
Fire
A. In case of fire, danger of fire, explosion, or other emergency, Program
employees' first priority is to evacuate the participants to a designated safe area.
B. The Program site will have an annual fire inspection by the local Fire Marshal,
and the resulting report will detail any safety concerns observed. The report will
be forwarded to the Director of Parks & Recreation who will review and
establish deadlines and criteria for compliance. Information from this report will
be included in the Director of Parks & Recreation annual report to the Council.
C. The Program site must have at least one fire extinguisher approved by the Fire
Marshall readily available to all Program employees. The fire extinguisher is to
be inspected monthly by the Site Director, and a monthly report will be
forwarded to the Leisure Services Manager who will keep the report on file for a
minimum of two years. All Program employees will be trained in the proper use
of fire extinguisher.
D. Fire drills will be initiated at Program sites based on the following schedule:
(1) Summer Recreation Program: A fire drill twice during the session.
Health
A. Illness or Injury
(1) A participant who is considered to be a health or safety concern to other
participants or employees will not be admitted to the Program.
(2) Illnesses and injuries will be handled in a manner to protect the health of
all participants and employees.
(3) Program employees will follow plans to provide emergency care for
injured participants with symptoms of an acute illness as specified in the
Program manual.
(4) Program employees will follow the recommendation of the Texas
Department of Health concerning the admission or readmission of any
participant after a communicable disease.
B. Program employees will administer medication only if:
(1) Parent(s) complete and sign a medication form that provides
authorization for staff to dispense medication with details as to time and
dosages. The form will include a hold harmless clause to protect the
City.
(2) Prescription medications are in the original containers labeled with the
child's name, a date, directions, and the physician's name. Program
employees will administer the medication only as stated on the label.
Program employees will not administer medication after the expiration
date.
(3) Nonprescription medications are labeled with the child's name and the
date the medication was brought to the Program. Nonprescription
medication must be in the original container. Program employees will
administer it only according to label direction.
(4) Medication dispensed will be limited to routine oral ingestion not
requiring special knowledge or skills on the part of Program employees.
The Program employees will administer no injections.
(5) Program employees must ensure medications are inaccessible to
participants or, if it is necessary to keep medications in the refrigerator
(when available), medications will be kept separate from food.
C. Toilet Facilities
(1) The Program site will have inside toilets located and equipped so
children can use them independently and Program staff can supervise as
needed.
(2) There must be one flush toilet for every 30 children. Urinals may be
counted in the ratio of toilets to children, but they must not exceed 50%
of the total number of toilets.
(3) An appropriate and adequate number of lavatories will be provided.
D. Sanitation
(1) The Program facilities must have adequate light, ventilation, and heat.
(2) The Program must have an adequate supply of water meeting the
standards of the Texas Department of Health for drinking water and
ensure that it will be supplied to the participants in a safe and sanitary
manner.
(3) Program employees must see that garbage is removed from buildings
daily.
DEPT: Engineering/Public Works
DATE: October 22, 2002
ITEM #: 18
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of Change Order #4 for the Creekview Drive and a portion of Freeport Parkway Project
#ST 00-01, in the amount of $126,028 to Infrastructures Services, Inc; and authorizing the City Manager
to sign.
GOAL(S):
EXECUTIVE SUMMARY:
In an effort to final the Creekview Drive project several issues needed to be resolved. Change Order #4 should
take care of those issues and allow us to complete the project.
Staff recommends approval of Change Order #4 in the amount of $126,028 to Infrastructures Services, Inc.
Staff will be available to answer questions at the Council meeting.
FINANCIAL COMMENTS: The funds required for this change order are available in the 2000 GO Street CIP
fund.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: #eng2-1AR
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To: Mayor and City Council
From: Kenneth M. Griffin, P.E., Dir. of Engineering/Public Works
Date: October 22, 2002
RE: Consider approval of Change Order #4 for the Creekview Drive and a portion
of Freeport Parkway Project #ST00-01, in the amount of $126,028 to
Infrastructures Services, Inc.; and authorizing the City Manager to sign.
On August 21, 2001 the City of Coppell opened bids for the construction of Creekview Drive.
Twelve bids were received and the low bid was from Infrastructures Services, Inc. in the amount
of $1,040,811.47. My cost estimate for the project was 1.6 million dollars. The bid was
awarded to Infrastructures Services, Inc. (ISI) on September 18, 2001.
During the course of construction, two distinct issues arose that have led to ongoing negotiations
and discussions with the contractor on how best to resolve those issues.
• The first issue deals with the disposal of excess dirt on the site.
Shortly after beginning construction, it became apparent that the construction plans did not
reflect the actual field conditions. There was a substantial amount of dirt within the right-of-way
of Creekview Drive, along the south side of Wagon Wheel Park, that needed to be relocated
before the street could be constructed. During discussions with Schrickel, Rollins and
Associates, Inc. concerning this issue, it was noted that no real “on the ground” survey was
performed prior to the design of the plans. The survey information on the plans was taken off of
aerial photography obtained when Schrickel, Rollins and Assocs. was designing Wagon Wheel
Park for the City of Coppell. The Engineering Department chose Schrickel Rollins because they
were the City’s consultant on Wagon Wheel Park and it was my opinion that there needed to be
strong interface between Creekview Drive and Wagon Wheel Park. While one division of
Schrickel, Rollins and Assocs. was designing the park, another division of Schrickel, Rollins and
Assocs. was designing Creekview Drive for the City. During the time the aerial photography
was flown to the time the project was under construction, a large amount of dirt was moved from
the Wagon Wheel Park site to what would become the right-of-way of Creekview Drive. That
dirt was not reflected on the construction plans, therefore, during construction it was a changed
condition.
There were discussions with the contractor on how to approach this issue. However, the
contractor was instructed to proceed with the work. We did allow the contractor to dispose of
the excess dirt on the Heatley-Moist property to fill a low area adjacent to Freeport Parkway.
However, even accessing that location necessitated the removal of some trees and fences.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
• The second issue deals with the phasing of construction.
The construction plans did not show any phasing to be associated with this project. The bidder
assumed that they would have the opportunity to close down Ruby Road at Freeport Pkwy and to
prohibit through traffic on Freeport Pkwy during the time that the section of Freeport Pkwy. was
being constructed from Creekview Drive to the entrance to Wagon Wheel Park. However, to
facilitate traffic to the park it was not feasible to close access to the park site along Freeport
Parkway. Therefore, the contractor was required to maintain appropriate barricading, traffic
control, etc. to insure that access was provided along Freeport Parkway and Ruby Road at all
times. This not only resulted in additional cost to the contractor, but also resulted in a very
elongated construction time for a small portion of the project that was associated with Freeport
Parkway from Creekview Drive to the entrance of Wagon Wheel Park. The resolution of this
issue has been discussed for some time between the City of Coppell and the contractor.
The project is now nearing completion and in actuality the last remaining item is to close out the
financial side of the project. To that end, a meeting was held on October 1, 2002 with the project
superintendent, contract manager and the president of ISI from Houston. The president of ISI
presented the City with eight separate and distinct changes to the project totaling $233,778.63.
Needless to say, the meeting between the City of Coppell and ISI was at times very direct and
heated concerning these eight requests.
I have reviewed the eight requests and in my opinion two of the eight are not valid. However,
the other six requests do have some validity and deserve some attention as to compensation. The
two requests that I have rejected are as follows:
1. Work associated with accessing the Heatley-Moist property to dispose of the referenced
excess fill. I rejected this request as the offer of the Heatley-Moist property as a place to
dispose of excess excavation was actually a benefit to the contractor. The value of that
request was $17,894.94.
2. Compensation of $52,620.37 for the field supervisor for an additional 112 days on the project
that was lengthened by the phasing. There are other requests associated with the phasing of
the project that actually deal with material and loss of efficiency. It was my opinion that to
compensation the field supervisor over and above that for 112 additional days was not a valid
request.
The following represent the six requests that in my opinion have some validity as to
compensation:
1. Removal of the excess dirt offsite. As previously stated, that dirt was not reflected on the
construction plans. The original request was for $68,121.98 and the mark-up (for profit and
overhead) was $10,046.98. I eliminated all mark-up for additional compensation from the
request. Therefore, it is my opinion that this item should be compensated in the amount of
$58,075.00.
2. Extra excavation related to the installation of the sidewalk. The actual location of the
sidewalk was not determined prior to the start of construction. It was generally shown along
the north side of the project, but was attempted to be incorporated into the Wagon Wheel
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
Park and the Tennis Center. Again, while laying out the final sidewalk design additional dirt
was encountered. As previously stated, that dirt was placed in the right-of-way after the
aerial contour information was obtained to design the project. The original request was for
$18,041.01 and the mark-up was $3,916.01. Therefore, it is my opinion that this item should
be compensated in the amount of $14,125.00.
The next four requests deal with phasing of the project:
3. Extra mobilization necessitated by numerous move-ins for phasing purposes. The original
request was for $23,332.84 and the mark-up was $4,828.84. Therefore, it is my opinion that
this item should be compensated in the amount of $18,504.00.
4. Loss of efficiency associated with the paving along Freeport Parkway due to the phasing
requirements. The original request was for $30,081.23 and the mark-up was $11,989.23.
Therefore, it is my opinion that this item should be compensated in the amount of
$18,092.00.
5. Installing and maintaining temporary roadways within the phased areas that were not shown
in the construction plans. The original request was for $14,286.53 and the mark-up was
$4,494.53. Therefore, it is my opinion that this item should be compensated in the amount of
$9,792.00.
6. Maintaining the barricades for the additional days associated with the phasing. The original
request was for $9,399.72 and the mark-up was $1,959.72. Therefore, it is my opinion that
this item should be compensated in the amount of $7,440.00.
The total value of this requested change order is $126,028 or 12% of the bid.
There is available money still within the bond program for this project to cover the additional
compensation for this change order.
Staff recommends approval of Change Order #4 in the amount of $126,028 to ISI. Staff will be
available to answer questions at the Council meeting.
Change Order #4
Page1
CITY OF COPPELL
CHANGE OR EXTRA WORK ORDER
PROJECT: CREEKVIEW DRIVE PROJECT # ST 00-01
CONTRACTOR: INFRASTRUCTURE SERVICES, INC.
OWNER: CITY OF COPPELL
CHANGE ORDER: # 4 DATE: 10/22/02
ADD:
Item Quantity Unit Description Unit Price Total Price
New 1 LS Disposal of excess dirt not shown on
construction plans
58,075.00 58,075.00
New 1 LS Disposal of excess dirt associated with the
sidewalk design not shown on construction
plans
14,125.00 14,125.00
New 1 LS Extra mobilizations due to phasing not
shown on construction plans
18,504.00 18,504.00
New 1 LS Loss of efficiency associated with required
phasing
18,092.00 18,092.00
New 1 LS Installing and maintaining temporary roads
due to phasing
9,792.00 9,792.00
New 1 LS Maintaining barricades due to required
phasing
7,440.00 7,440.00
TOTAL ADDITION $126,028.00
TOTAL CHANGE ORDER #4 $126,028.00
Original Contract Amount $1,040,811.47
Contract Amount including Change Order #1 (-$18,050) $1,022,761.47
Contract Amount including Change Order #2 ($1,459.13) $1,024,220.60
Contract Amount including Change Order #3 ($17,180.15) $1,041,400.75
Total Change Order #4 $ 126,028.00
Revised Contract Amount $1,167,428.75
Change Order #4
Page2
Net Increase in Contract Time of Completion 102 Days
Revised Contract Time of Completion 267 Days
The contractor hereby accepts this contract adjustment as a final and complete adjustment in
full accord and satisfaction of all past and future liability originating under any clause in the
Contract by reason for this revision to the Contract.
________________________________________
Recommended by City Engineer Date
________________________________________
Accepted by Owner Date
_______________________________________________
Agreed to by Contractor Date
DEPT: City Manager
DATE: October 22, 2002
ITEM #: 19
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of the Annual Corporate Budget for the Coppell Education Development
Corporation.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: !Budget
OCTOBER 9, 2002
ANNUAL CORPORATE
BUDGET
FY02 ANNUAL PERFORMANCE REVIEW
FY03 PROJECTION OF GOALS
FY03 BUDGET
COPPELL EDUCATION DEVELOPMENT
CORPORATION
2
ANNUAL CORPORATE BUDGET
FY02 ANNUAL PERFORMANCE REVIEW, FY03 PROJECTION OF GOALS
AND FY03 BUDGET
FY02 ANNUAL PERFORMANCE REVIEW
FY02 (October 1, 2001 through September 30, 2002) was the inaugural fiscal year for the Coppell
Education Development Corporation (CEDC) established on September 18, 2001 by the Coppell
City Council’s appointment of the following seven individuals to staggered terms comprising the
initial CEDC Board of Directors:
1) Quay Bratton 139 Moore Rd, Coppell, TX 75019 1 year term
2) Tiffany Pittman 1310 Bradford Dr, Coppell, TX 75019 1 year term
3) Ann Golding 837 Castle Creek Dr, Coppell, TX 75019 1 year term
4) Jerry Coker 131 Tennyson Place, Coppell, TX 75019 2 year term
5) David Hermanski 730 Armstrong Blvd, Coppell, TX 75019 2 year term
6) Betty Carter 787 Pelican, Coppell, TX 75019 2 year team
7) Peggy Quinn 305 Beechwood Ln, Coppell, TX 75019 2 year term
These appointed individuals were officially sworn into office in the City Council Chambers on
Tuesday, September 25, 2001 and subsequently held the first regularly scheduled CEDC Board of
Directors meeting on Wednesday, October 17, 2001 at Coppell Town Center. At this first meeting
the CEDC Board elected the following to serve as officers per its bylaws:
Jerry Coker, President
Peggy Quinn, Vice President
Betty Carter, Secretary
With these officers presiding (further joined by the CEDC staff liaison, Jim Witt, Coppell City
Manager, and Kathy Bowling, Recording Secretary) the CEDC held ten (10) regularly scheduled
Board of Director meetings throughout FY02 including October 17, 2001, November 7, 2001,
December 5, 2001, January 2, 2002, February 13, 2002, March 20, 2002, April 10, 2002, May 8, 2002,
June 12, 2002 and July 17, 2002.
GRANT APPLICATION PROCESS DEVELOPMENT
During its first few meetings the CEDC Board reviewed, modified, adopted as modified, and then
forwarded to the Coppell City Council for final ratification, the CEDC Bylaws. Additionally, the
majority of the Board’s effort throughout October 2001, November 2001, December 2001 and early
January 2002, was dedicated to the development of the initial CEDC grant application document and
grant application process itself. A grant application development subcommittee was formed in
3
November 2001, comprised of Betty Carter, Tiffany Pittman and Peggy Quinn, to coordinate a draft
of an initial grant application document to subsequently be reviewed, modified and approved by the
entire CEDC Board.
At the December 2001 meeting, the CEDC Board began reviewing the materials provided from the
subcommittee and also solicited input into the grant application development process directly from
each of the three school districts themselves. The following representatives from each district were
each heard by the CEDC Board of Directors at the December 5, 2001 meeting:
Coppell ISD Buddy Echols, Superintendent
Coppell ISD Vonita White, Assistant Superintendent
Carrollton/Farmers Branch ISD Mark Hyatt, Assistant Superintendent
Carrollton/Farmers Branch ISD Holly Barber, Principal - Riverchase Elementary
Lewisville ISD Jerry Roy, Superintendent
As of January 17, 2002, Coppell ISD, Carrollton/Farmers Branch ISD and Lewisville ISD had all
been provided a copy of the finalized CEDC Grant Application for the 2002-03 school year as well
as estimates of available grant funds as shown below. These estimates were based on the January
2002 enrollment figures provided by all three districts indicating a total of 8,966 Coppell students in
attendance within the three districts and further assuming $1,500,000 in total collectable 379A sales
tax revenues for CY2002.
Coppell ISD 8,578 Students 95.67% $1,435,050
Carrollton/Farmers Branch ISD 363 Students 4.05% $60,750
Lewisville ISD 25 Students 0.28% $4,200
8,966 Total $1,500,000 Total
At the July 17, 2002 meeting, the CEDC Board reviewed and updated the CEDC Grant Overview
document to revise the application prerequisites for CEDC grant applications for the 2002-03 school
year. Specifically the CEDC Board added detailed requirements regarding the required legal notices
and public hearings to be associated with each grant application. The revised grant application
instructions were provided to each district on July 19, 2002 with a cover letter from Jim Witt, City
Manager.
4
GRANT APPLICATION REVIEW
On March 1, 2002, the CEDC Board received its first completed set of grant application submissions
which included five (5) grant applications from Coppell ISD (as listed below) requesting a total of
$1,565,000 in funding.
2002-E01 CISD English as a Second Language Program (ESL) $819,000
2002-G01 CISD Graphic Design and Animation Class $62,000
2002-L01 CISD Summer Literacy Program $34,000
2002-L02 CISD Literacy Intervention Support $440,000
2002-S01 CISD Elementary Spanish Program $210,000
$1,565,000 Total
All five (5) of the grant applications submitted by Coppell ISD were reviewed by the CEDC Board
and officially considered during the March 20, 2002 CEDC meeting with Coppell ISD
representatives present for questions and discussion surrounding the grant applications. During this
review it was determined that certain of these grant requests would necessarily require financial
adjustments to properly exclude from the funding requests the pro-rata share attributable directly to
Valley Ranch Elementary students who are not Coppell residents and therefore not subject to
funding from the Coppell 379A sales tax revenues. After the appropriate financial adjustments were
made and all discussion was complete, the CEDC Board did officially consider and approve all five
(5) grant applications (as listed below) committing an adjusted total of $1,374,000 in funding.
2002-E01 CISD English as a Second Language Program $693,000
2002-G01 CISD Graphic Design and Animation Class $62,000
2002-L01 CISD Summer Literacy Program $34,000
2002-L02 CISD Literacy Intervention Support $396,000
2002-S01 CISD Elementary Spanish Program $189,000
$1,374,000 Total
By May 1, 2002, the CEDC Board had received two additional grant application submissions which
included one (1) grant application from Lewisville ISD and one (1) grant application from
Carrollton/Farmers Branch ISD (as listed below) requesting a total of $34,200 in funding combined.
2002-B01 LISD Library Books $4,200
2002-T01 CFBISD Instructional Technology Support $30,000
$34,200 Total
Both of the grant applications submitted by Lewisville ISD and Carrollton/Farmers Branch ISD
were reviewed by the CEDC Board and officially considered during the May 8, 2002 CEDC meeting
with Lewisville ISD and Carrollton/Farmers Branch ISD representatives present for questions and
5
discussion surrounding the grant applications. After all discussion was complete, the CEDC Board
did officially consider and approve both grant applications committing a total of $34,200 in funding.
On June 1, 2002, the CEDC Board received a grant application submission from The North Hills
School (as listed below) requesting a total of $11,190.35 in funding.
2002-S02 TNHS Foreign Language Enrichment Materials $11,190.35
$11,190.35 Total
The grant application submitted by The North Hills School was reviewed by the CEDC Board and
officially considered during the June 12, 2002 CEDC meeting with The North Hills School
representatives present for questions and discussion surrounding the grant application. After all
discussion was complete, the CEDC Board did officially consider and approve The North Hills
School grant application committing an adjusted total of $10,000 in funding.
GRANT AGREEMENTS FINALIZED
At the April 10, 2002 CEDC Board meeting, after discussion and review with City Attorney Bob
Hager, the CEDC Board approved the specific Grant Agreement documents associated with the
grant applications previously approved on March 20, 2002 (CISD Agreements) and forwarded those
Grant Agreements to the Coppell City Council for their approval on their April 23, 2002 agenda.
At the June 12, 2002 CEDC Board meeting the CEDC Board approved the specific Grant
Agreement documents associated with the Grant Applications previously approved on May 8, 2002
(LISD & CFBISD Agreements) and forwarded those Grant Agreements to the Coppell City Council
for their approval on their June 25, 2002 agenda.
At the July 17, 2002 CEDC Board meeting the CEDC Board approved the specific Grant
Agreement document associated with the Grant Application previously approved on June 12, 2002
(TNHS Agreement) and forwarded that Grant Agreement to the Coppell City Council for their
approval on their August 13, 2002 agenda.
DEFINITION OF PUBLICLY FUNDED INSTITUTIONS
On April 12, 2002, the Coppell City Manager was contacted by a Coppell resident (a parent of
children attending The North Hills School) to discuss the City of Coppell 379A tax revenue and its
applicability to charter schools. This resident provided initial information suggesting that charter
schools were to be considered as public school systems within the State of Texas and thereby
deserving of participation (subject to all appropriate normal constraints, rules and regulations) in the
CEDC grant application process for City of Coppell 379A sales tax revenue.
After soliciting a review of said information by the Coppell City Attorney, the CEDC Board included
The North Hills School (once obtaining their current Coppell-specific student enrollment census) in
a revision of the estimates of available grant funds as shown below. These estimates were based on
the January 2002 enrollment figures provided by all four districts indicating a total of 9,021 Coppell
students in attendance within the four districts and further assuming $1,650,000 in total collectable
379A sales tax revenues for CY2002. [Note: The $1,650,000 is the latest updated estimate of the
anticipated CY2002 379A collectable sales tax; earlier estimates of available grant funds were
based on $1,500,000.]
6
Coppell ISD 8,578 Students 95.09% $1,568,985
Carrollton/Farmers Branch ISD 363 Students 4.02% $66,330
The North Hills School 55 Students 0.61% $10,065
Lewisville ISD 25 Students 0.28% $4,620
9,021 Total $1,650,000 Total
7
SUMMARY OF FY02 GRANT AWARDS
2002-E01 CISD English as a Second Language Program $693,000
2002-G01 CISD Graphic Design and Animation Class $62,000
2002-L01 CISD Summer Literacy Program $34,000
2002-L02 CISD Literacy Intervention Support $396,000
2002-S01 CISD Elementary Spanish Program $189,000
2002-B01 LISD Library Books $4,200
2002-T01 CFBISD Instructional Technology Support $30,000
2002-S02 TNHS Foreign Language Enrichment Materials $10,000
$1,418,200 Total
CISD Total: $1,374,000 of $1,568,985 leaving $194,985
CFBISD Total: $30,000 of $66,330 leaving $36,330
TNHS Total: $10,000 of $10,065 leaving $65
LISD Total: $4,200 of $4,620 leaving $420
$1,418,200 of $1,650,000 leaving $231,800
8
FY03 PROJECTION OF GOALS
The purpose and overriding goal of the Coppell Education Development Corporation, a nonprofit,
non-stock corporation with no members, is to finance programs to publicly funded institutions
which will promote literacy, foreign language and career technology for a skilled workforce, as
authorized by Section 379A of the TEXAS LOCAL GOVERNMENT CODE, as amended. In
support of this goal, the high-level objectives of the CEDC Board of Directors for FY03 (October 1,
2002 through September 30, 2003) are represented in brief by the following bulleted list:
Continue to convene the CEDC Board of Directors at regularly scheduled meetings
throughout FY03 to faithfully administer the CEDC grant application, review and award
processes providing funding in accordance with our Bylaws. The current CEDC education
development plan, in accordance with City of Coppell budgetary estimates, expects to
administer in FY02 through FY06 the following levels of grant awards:
FY02 379A Sales Tax Revenue Estimate $935,000
FY03 379A Sales Tax Revenue Estimate $1,750,000
FY04 379A Sales Tax Revenue Estimate $1,837,500
FY05 379A Sales Tax Revenue Estimate $1,929,375
FY06 379A Sales Tax Revenue Estimate $506,461
$6,958,336 Total
Successfully integrate three new members into the CEDC Board of Directors as of October
1, 2002 with three terms expiring as of September 30, 2002.
Review, revise, refine and republish the CEDC Grant Application document, processes,
criteria, guidelines and requirements for the 2003-04 school year. This activity to be
conducted during October to December 2002 with updated kits available to school districts
in January 2003.
Work with the City Manager and the CEDC staff financial liaison to develop specific
financial accounting rules and procedures to deal with identified “carryover” issues for
school districts based on funding available per district per period, whether Calendar Year, or
Fiscal Year, or School Year when amounts are based on estimates and tied annually to
January 15 enrollment censuses.
Process FY03 Grant Applications from March through June of 2003.
Finalize FY03 Grant Agreements from April through July of 2003.
Develop and submit, as required by the Bylaws, the CEDC Annual Corporate Budget report
by September 15, 2003.
9
FY03 BUDGET
The CEDC FY03 Budget included herein is based on the most current available estimate of CY2003
collectable 379A sales tax revenues as provided by the Coppell City Manager. This budget is also
simply modeled to reflect the five (5) top-level account categories used as a standard in the budgets
of the City of Coppell.
CEDC FY03 BUDGET
Revenues
Section 379A (Municipal Education Development Act) Sales Tax Revenue $1,750,000
Expenditures
Salary & Benefits $0
Supplies $0
Maintenance $0
Services
Grant Award Services $1,745,000
Audit Services $5,000
Capital Outlay $0
10
This Annual Corporate Budget report is respectfully submitted in accordance with the Bylaws of the
Coppell Education Development Corporation (CEDC) this 9th day of October 2002.
ON BEHALF OF THE CEDC BOARD OF DIRECTORS
By: ______________________________
JERRY COKER, PRESIDENT
DEPT: City Manager
DATE: October 22, 2002
ITEM #: 20
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of revisions to the Coppell Education Development Corporation Bylaws.
GOAL(S):
EXECUTIVE SUMMARY: Article IV, Section 8B the phrase “January 15 of each calendar year” was eliminated
and the phrase “that are to be submitted to the CEDC no later than February 1 of each calendar year” will be added
along with the following sentence: In order to be eligible for grants during a calendar year, enrollment figures
must be submitted by the February 1 deadline.
Article VI, Section 2(a) the date was changed from November 1 to August 1 and in Section 2(a)(iii) the date was
changed from December 15 to September 15.
In Article VII the fiscal year for the corporation was changed to reflect the city’s fiscal year of October 1 to
September 30.
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: !Bylaws
Page 1 42200
BYLAWS OF
COPPELL EDUCATION DEVELOPMENT CORPORATION
ARTICLE I
PURPOSE AND POWERS
Section 1. Purpose. The Corporation is incorporated for the purposes set forth in Article
4.02 its Articles of Incorporation, the same to be accomplished on behalf of the City of Coppell,
Texas (the “City”) as its duly constituted authority and instrumentality in accordance with the
Better Jobs Act and Municipal Education Development Act of 2001, as amended, TEXAS LOCAL
GOVERNMENT CODE §379A, as amended, and other applicable laws.
Section 2. Powers. In the fulfillment of its corporate purpose, the Corporation shall be
governed by Section 379 A of the TEXAS LOCAL GOVERNMENT CODE and the Article IV,
Purposes of its Articles of Incorporation, and in other applicable law, subject to the limitations
prescribed herein.
Section 3. Gender. The use of words in the masculine gender include the feminine also,
unless by reasonable construction it appears that such was not the intention of the language.
ARTICLE II
OFFICES
Section 1. Principal Office. The principal office of the Corporation in the State of Texas
shall be located at 255 Parkway Boulevard in the City of Coppell, Dallas County, Texas.
Section 2. Registered Office and Registered Agent. The Corporation shall have and
continuously maintain in the State of Texas a registered office, and a registered agent whose
office is identical with such registered office, as required by the Texas Nonprofit Corporation
Act. The registered office may be, but need not be, identical with the principal office of the
Page 2 42200
Corporation in the State of Texas, and the address of the registered office may be changed from
time to time by the Board.
ARTICLE III
The Corporation shall have no members or stockholders.
ARTICLE IV
BOARD OF DIRECTORS
Section 1. Powers, Number and Term of Office. (a) The property and affairs of the
Corporation shall be managed and controlled by a Board of Directors (the “Board”) and, subject
to the restriction imposed by law, by the Articles of Incorporation, and by these Bylaws, the
Board shall exercise all of the powers of the Corporation.
(b) The Board shall consist of seven (7) directors, each of whom shall be appointed
by the City Council (the “Council”) of the City. All members of the Board must qualify in
accordance with Section 379A.021 of The TEXAS LOCAL GOVERNMENT CODE. The City
Council shall consider an individual’s experience, accomplishments and educational background
in appointing members to the Board to ensure that the interests and concerns of all segments of
the City are considered.
(c) The directors constituting the initial Board shall be those directors named in the
Article of Incorporation. In order to establish staggered terms, the initial three (3) board
members appointed at large shall serve one (1) year terms, the four (4) members shall be
appointed to serve two (2) year terms. Thereafter, each successor member of the Board shall be
appointed and shall serve for two (2) years or until his or her successor is appointed as
hereinafter provided.
(d) Any director may be removed at will by the Council.
Page 3 42200
Section 2. Meeting of Directors. The directors may hold their meetings at such place or
places in the City as the Board may from time to time determine; provided, however, in the
absence of any such determination by the Board, the meetings shall be held at the principal office
of the Corporation as specified in Article II of these Bylaws.
Section 3. Open Meeting Act. All meeting and deliberations of the Board shall be
called, convened, held, and conducted, and notice shall be given to the public, in accordance with
the Texas Open Meeting Act, Section 551.01 et seq., TEXAS LOCAL GOVERNMENT CODE, as
amended.
Section 4. Notice of Meetings. To the extent that the Open Meeting Act conflicts with
the provisions of this section, the Open Meeting Act shall govern.
(a) Regular meetings of the Board shall be held without the necessity of written
notice to the Directors at such times and places as shall be designated from time to time by the
Board. Special Meetings of the Board shall be held whenever called by the president, by the
secretary, by a majority of the directors, or by a majority of the City Council.
(b) The secretary shall give notice to each director for any emergency meeting in
person or by mail, telephone or telecopier, at least two (2) hours before the meeting. Unless
otherwise indicated in the notice thereof, any and all matters pertaining to the purposes of the
Corporation may be considered and acted upon at a Special Meeting. At any meeting at which
every director shall be present, even though without any notice, any matter pertaining to the
purpose of the Corporation may be considered and acted upon consistent with applicable law.
(c) Whenever any notice is required to be given to the Board, said notice shall be
deemed to be sufficient if given by depositing the same in a post office box in a sealed postpaid
wrapper addressed to the person entitled thereto at his or her post office address as it appears on
Page 4 42200
the books of the Corporation, and such notice shall be deemed to have been given on the day of
such mailing. Attendance of the director at a meeting shall constitute a waiver of notice of such
meeting, except where a director attends a meeting for the express purpose of objection to the
transaction of any business on the grounds that the meeting is not lawfully called or convened.
Neither the business to be transacted nor the purpose of any Regular or Special Meeting of the
Board need be specified in the notice or waiver of notice of such meeting, unless required by the
Board. A waiver of notice in writing, signed by the person or person entitled to said notice,
whether before or after the time stated therein, shall be deemed equivalent to the giving of such
notice.
Section 5. Quorum. A majority of the directors shall constitute a quorum for the conduct
of the official business of the Corporation. The act of a majority of the board (4 members) at a
meeting at which a quorum is in attendance shall constitute the act of the Board and of the
Corporation unless the act of a greater number is required by law.
Section 6. Conduct of Board. (a) At the meetings of the Board, matters pertaining to the
business of the Corporation shall be considered in accordance with rules of procedure as from
time to time prescribed by the Board or the law.
(b) At all meetings of the Board, the president shall preside, and in the absence of the
president, the vice president shall exercise the powers of the president.
(c) The secretary of the Corporation shall act as secretary of all meetings of the
Board, but in the absence of the secretary, the presiding officer may appoint any person to act as
secretary of the meeting.
(d) A director may not vote or participate in a meeting by proxy.
Page 5 42200
Section 7. Compensation of Directors. Directors shall not receive a salary or any other
compensation for their service as directors. However, directors may be reimbursed for their
actual expenses incurred in the performance of their duties subject to approval of City Council.
Section 8. Powers. A. The Corporation shall have only those powers set forth in the
ballot giving rise to the Corporation and stated in the Articles of Incorporation of the Corporation
which are the following general powers:
To provide grants of sales tax proceeds to publicly fund education institutions for
programs for the promotion of a skilled workforce:
(a) literacy;
(b) career technology; and,
(c) foreign languages.
B. All grants made by the board of Directors shall be made to publicly fund
institutions in proportion to the number of students of each publicly funded institution located
within the corporate limits in accordance with total enrollment figures that are to be submitted to
the CEDC no later than February 1 of each calendar year. In order to be eligible for grants
during a calendar year, enrollment figures must be submitted by the February 1 deadline.
ARTICLE V
OFFICERS
Section 1. Titles and Term of Office. (a) The officers of the Corporation shall be a
president, a vice president, a secretary and a treasurer, and such other officers as the Board may
from time to time elect or appoint. One person may hold more than one office, except that the
president shall not hold the office of secretary. Terms of office shall be one (1) year with the
right of an officer to be reelected.
Page 6 42200
(b) All officers shall be subject to removal from office at any time by a vote of a
majority of the entire Board.
(c) A vacancy in the office of any officer shall be filled by a vote of a majority of the
directors.
Section 2. President. The President shall be the presiding officer of the Board with the
following authority:
(a) Shall preside over all meetings of the Board.
(b) Shall have the right to vote on all matters coming before the Board.
(c) Shall have the authority, upon notice to the members of the Board, to call a
special meeting of the Board.
(d) Shall have the authority to appoint standing committees to aid and assist the
Board in its business undertakings or other matters incidental to the operation and functions of
the Board.
(e) Shall have the authority to appoint ad hoc committees which may address issues
of a temporary nature of concern or which have a temporary affect on the business of the Board.
In addition to the above mentioned duties, the President shall sign with the Secretary of
the Board, contracts, or other instruments which the Board has approved and unless the
execution of said document has been expressly delegated to some other officer or agent of the
Corporation by appropriate Board resolution, by a specific provision of these Bylaws, or by
statute. In general, the President shall perform all duties incident to the office, and such other
duties as shall be prescribed from time to time by the Board.
Section 3. Vice President. The vice president shall have such powers and duties as may
be prescribed by the Board and shall exercise the powers of the president during that officer’s
Page 7 42200
absence or inability to act. Any action taken by the vice president in the performance of the
duties of the president shall be conclusive evidence of the president’s absence or inability to act
at the time such action was taken.
Section 4. Secretary. The secretary shall keep the minutes of all meetings of the Board
in books provided for that purpose, shall give and serve all notices, may sign with the president
in the name of the Corporation, and/or attest the signature thereto, all contracts, conveyances,
franchises, and other instruments of the Corporation, shall have charge of the corporate books,
records, documents and instruments, except the papers as the Board may direct, all of which shall
at all reasonable times be open to public inspection upon application at the office of the
Corporation during business hours, and shall in general perform all duties incident to the office
of secretary subject to the control of the Board.
Section 5. Chief Financial Director. There shall be a Chief Financial Director of the
Board, which is an ex-officio member of the Board, and shall be the Financial Director of the
City of Coppell as appointed by the City Manager. The Chief Financial Director shall have the
responsibility to oversee the handling, custody, and security of all funds and securities of the
Corporation in accordance with these Bylaws; and, shall see to the entry in the books of the
Corporation full and accurate accounts of all monies received and paid out on account of the
Corporation. The Chief Financial Director shall, at the expense of the Corporation, give such
bond for the faithful discharge of the duties in such form and amount as the Board or the Council
may require.
Section 6. The president, each vice president, and the secretary shall be named from
among the members of the Board.
Page 8 42200
Section 7. Compensation. Officers who are members of the Board shall not receive any
salary or compensation for their services, except that they may be reimbursed for their actual
necessary expenses incurred in the performance of their duties hereunder, subject to the approval
of the City Council.
Section 8. Contracts for Service. The Corporation may contract with any qualified and
appropriate person, associated, corporation or political subdivision, municipal corporation or
other governmental body to perform and discharge designated tasks which will aid or assist the
Board in the performance of its duties. However, no such contract shall ever be approved or
entered into which seeks or attempts to divest the Board of its discretion and policy-making
functions in discharging the duties herein above set forth in this section.
ARTICLE VI
FUNCTIONAL CORPORATE DUTIES AND REQUIREMENTS
Section 1. General Development Plan. The Board shall research, develop, prepare, and
approve, an education development plan for the Corporation, which shall include proposed
methods and the expected costs of implementation. The plan shall include both short-term and
long-term goals for the education development to promote and ensure a skilled workforce.
Section 2. Annual Corporate Budget.
(a) On or before August 1 of each year, the Board shall prepare or direct the
preparation of:
(i) an annual performance review and evaluation;
(ii) a projection of goals and programs for the coming year; and,
(iii) an annual budget of expected revenues and proposed expenses.
Page 9 42200
The report shall be submitted to the City Council and the City Manager of the
City of Coppell at either a regular or special meeting of the City Council no later
than September 15.
(b) In addition to the annual evaluation and budget, the Corporation shall submit
either written or verbal reports of activities and financial matters to the City Council and City
Manager of the City of Coppell quarterly and in no event less than required in Section 379A.025
of TEXAS LOCAL GOVERNMENT CODE.
Section 3. Books, Records, Audits. (a) The Corporation shall keep and properly
maintain, in accordance with generally accepted accounting principles, complete books, records,
accounts, and financial statements pertaining to its corporate funds, activities, and affairs. The
Corporation may enter into one or more agreements with the City of Coppell to obtain financial
management and accounting services upon terms, conditions and compensation as mutually
agreeable.
(b) The Corporation shall cause its books, records, accounts, and financial statements
to be audited at least once each fiscal year by an outside, independent auditing and accounting
firm approved by the City. Such audit shall be at the expense of the Corporation.
(c) All other monies of the Corporation shall be deposited, secured, and/or invested in
the manner provided for the deposit, security, and/or investment of the public funds of the City.
The Board shall delegate the responsibility of investing funds of the Corporation and reconciling
accounts of the Corporation to the Finance Department of the City of Coppell.
Section 5. Expenditures of Corporate Money. (a) The monies of the Corporation,
including sales and use taxes collected pursuant to the Act, monies derived from the repayment
of loans, the proceeds from the investments of funds of the Corporation, and/or gifts may be
Page 10 42200
expended by the Corporation for any of the purposes authorized by the Act, subject to the
following limitations:
(i) Expenditures for the proceeds of Obligations shall be identified and
described in the orders, resolutions, indentures or other agreements submitted to and
approved by the Board.
(ii) All other proposed expenditures shall be made in accordance with and
shall be set forth in the annual budget required by these Bylaws.
Section 6. Conflicts of Interest. A Board member, officer of the Corporation, or member
of the City Council may not lend money to and otherwise transact business with the Corporation
except as provided in the Bylaws, Articles of Incorporation, and all applicable laws. The
Corporation shall not borrow money from or otherwise transact business with a Board member,
officer, committee member of the Corporation, or a member of the Coppell City Council unless
the transaction is described fully in a legally binding instrument and is in the best interest of the
Corporation. The Corporation shall not borrow money from or otherwise transact business with
a Board member, officer, or member of the Coppell City Council without full disclosure of all
relevant facts and without the approval of the Board, not including the vote of any person having
a personal interest in the transaction in accordance with the conflict of interest statutes of the
State of Texas.
Section 7. Gifts. The Board may accept on behalf of the Corporation any contribution,
gift, bequest, or devise for the general purposes or for any special purpose of the Corporation and
be distributed or utilized in compliance with Section 379A of the TEXAS LOCAL GOVERNMENT
CODE, Referendum approving the sales and tax use, the Articles of Incorporation and these
Bylaws.
Page 11 42200
ARTICLE VII
MISCELLANEOUS PROVISIONS
Section 1. Fiscal Year. The fiscal year of the Corporation shall be October 1st to
September 30th.
Section 2. Seal. The Board may provide for a seal.
Section 3. Resignation. Any director or officer may resign at any time. Such resignation
shall be made in writing and shall take effect at the time specified therein, or, if no time is
specified, at the time of its receipt by the president or secretary. The acceptance of a resignation
shall not be necessary to make it effective, unless expressly so provided in the resignation.
Section 4. Approval or Advice and Consent by the Council. To the extent that these
Bylaws refer to any approval by the Coppell City Council or refer to advice and consent by the
Coppell City Council, such approval, or advice and consent shall be evidenced by a certified
copy of a resolution, order, or motion duly adopted by the Coppell City Council.
Section 5. Services of City Staff and Officers. Subject to approval from the Coppell City
Manager, the Corporation shall have the right to utilize the services of the City personnel,
provided (i) that the Corporation shall pay reasonable compensation to the City of Coppell for
such services, and (ii) the performance of such services does not materially interfere with the
other duties of such personnel of the City of Coppell.
Section 6. Indemnification of Directors, Officers and Employees. (a) As provided in the
Act, the Corporation is, for the purposes of the Texas Tort Claims Act (Subchapter A, Chapter
101, Texas Civil Practices and Remedies Code, as amended), a governmental unit and its actions
are governmental functions.
Page 12 42200
(b) The Corporation shall indemnify a person who was, is or has been threatened to
be made a named defendant or respondent in a proceeding because the person is or was a Board
member, officer, or agent, but only if the determination to indemnify is made in accordance with
the provision of Texas Tort Claims Act.
(c) The Corporation may purchase and maintain insurance on behalf of any Board
member, officer, employee, or agent of the Corporation, or on behalf of any person serving at the
request of the corporation as a Board member, officer, employee, or agent of another
corporation, partnership, joint venture, trust, or other enterprise, against any liability asserted
against that person and incurred by that person in any such capacity or arising out of any such
status with regard to the Corporation, whether or not the Corporation has the power to indemnify
that person against liability for any of those acts.
ARTICLE VIII
EFFECTIVE DATE, AMENDMENTS, AND ARTICLES AND BYLAWS
Section 1. Effective Date. These Bylaws shall become effective upon the occurrence of
the following events:
(1) the adoption of these Bylaws by the Board; and
(2) the approval of these Bylaws by the Coppell City Council.
Section 2. Amendments to Articles of Incorporation and Bylaws. These Bylaws may be
amended or repealed and new bylaws may be adopted by a majority of the Board members
present at any regular meeting or at any special meeting, if at least five (5) days written notice is
given of any intention to amend or repeal these bylaws or to adopt new bylaws at such meeting.
Any amendment of these bylaws will be effective upon approval by the Coppell City Council.
Page 13 42200
Adopted this the _______ day of ___________________, 2002.
By:
President of the Board of Directors
ATTEST:
By:
Corporate Secretary
DATE: October 22, 2002
ITEM #: 21
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork
DATE: October 22, 2002
ITEM #: 22
AGENDA REQUEST FORM
MAYOR AND COUNCIL REPORTS
A. Repor t by Mayor Sheehan regarding Red Ribbon Week.
B. Repor t by Mayor Sheehan regarding Texas Municipal League Annual Conference.
C. Repor t by Councilmember Peters regarding Senior Adult Services Golf Outing.
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork
DATE: October 22, 2002
ITEM #: 23
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork