CP 2002-08-27
NOTICE OF CITY COUNCIL MEETING AND AGENDA
AUGUST 27, 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)
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, August 27, 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
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 Communication Plan.
B. Discussion regarding Proposed Solicitor's Ordinance.
C. Discussion regarding Reuse of Nor th Service Center.
D. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Invocation.
5. Pledge of Allegiance.
6. Repor t by Telecommunications Board.
7. Citizen's Appearances.
CONSENT AGENDA
8. Consider approval of the following consent agenda items:
A. Consider approval of minutes: August 13, 2002.
Resolutions
B. Consider approval of a Resolution amending the written Investment
Policy of the City of Coppell as provided by the Public Funds
Investment Act, Chapter 2256, Texas Government Code, and
authorizing the Mayor to sign.
END OF CONSENT
9. PUBLIC HEARING:
To receive public comment concerning the Proposed 2002-2003 Municipal
Budget.
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ITEM # ITEM DESCRIPTION
10. PUBLIC HEARING:
To receive public comment concerning the Proposed 2002-2003 tax rate of
.6486.
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 AmberPoint at Coppell, LLC, described as AmberPoint
Business Park at Coppell Phase I, being par t of Block A, Lot 1 (14.39
acres) and located along the nor thwest corner of Nor thpoint Drive from
Royal Lane to Sandy Lake Road, Coppell, Texas.
12. Consider approval of an Ordinance designating the AmberPoint at Coppell,
LLC, Reinvestment Zone No. 38, and authorizing the Mayor to sign.
13. Consider approval of a Resolution approving a Tax Abatement Agreement
between the City of Coppell and AmberPoint at Coppell, LLC, and
authorizing the Mayor to sign.
14. Necessary action resulting from Work Session.
15. 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
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DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE
ON THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC
DOCUMENTS, COUNCIL PACKETS.
PUBLIC NOTICES
STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public
programs, services and/or meetings, the City requests that individuals make requests for
these services forty-eight (48) hours ahead of the scheduled program, service and/or
meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other
designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989).
IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724
Carrying of a concealed handgun on these premises or at any official political meeting in
the City of Coppell is illegal.
Es ilegal llevar consigo un arma de fuego oculta, adentro de este edificio, o en cualquier
junta oficial de politica en la ciudad de Coppell.
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AG EN DA R EQU EST FO R M
ITEM # ES-2 CITY COUNCIL MEETING: August 27, 2002
EXECUTIVE SESSION
A. Section 551.071, Texas Government Code - Consultation with City Attorney.
1. Shea v. City of Coppell.
SUBMITTED BY: Jim Witt
TITLE: City Manager INITIALS:
AG EN DA R EQU EST FO R M
ITEM # WS-3 CITY COUNCIL MEETING: August 27, 2002
WORK SESSION
A. Discussion regarding Communication Plan.
B. Discussion regarding Proposed Solicitor's Ordinance.
C. Discussion regarding Reuse of Nor th Service Center.
D. Discussion of Agenda Items.
CITY MANAGER'S REVIEW:
AGE N DA R E QU E S T FO R M
ITEM # 6 CITY COUNCIL MEETING: August 27, 2002
ITEM CAPTION:
Report by the Telecommunications Board.
SUBMITTED BY: Libby Ball
TITLE: City Secretary
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: %bdrpt.doc
AG EN DA R EQU EST FO R M
ITEM # 7 CITY COUNCIL MEETING: August 27, 2002
CITIZENS' APPEARANCES
ORDINANCE NO. 2001-964
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES
AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE
FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES
FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for
Conducting City Council Meetings," be, and the same is hereby, amended to read as follows:
"ARTICLE 1-10
RULES, TIMES AND PROCEDURES FOR CONDUCTING
CITY COUNCIL MEETINGS
". . .
1-10-6.2.1 CITIZENS APPEARANCE
Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda,
must sign a register and list their residence address, provided by the City Secretar y on a table outside the
Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular
meeting or special meeting. Each speaker must state his or her name and address of residence.
Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each.
An individual speaker's time may be extended for an additional two (2) minutes with the approval of a
majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes
allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens
Appearance" shall be called upon in the order that they have signed the provided register. No personal
attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or
corporation (Charter Article 3, Section 3.12).
AGE N DA R E QU E S T FO R M
ITEM # 8/A CITY COUNCIL MEETING: August 27, 2002
ITEM CAPTION:
Consider approval of minutes: August 13, 2002.
SUBMITTED BY: Libby Ball
TITLE: City Secretary
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: %minutes
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MINUTES OF AUGUST 13, 2002
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, August 13, 2002, at 5:30 p.m. in the City Council Chambers of Town
Center, 255 Parkway Boulevard, Coppell, Texas. The following members were
present:
Candy Sheehan, Mayor
Doug Stover, Mayor Pro Tem
Tim Brancheau, Councilmember
Diana Raines, Councilmember
Marsha Tunnell, Councilmember
Dave Herring, Councilmember
Bill York, Councilmember
Councilmember Peters was absent from the meeting. 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 Work Session.
WORK SESSION (Open to the Public)
2. Convene Work Session
A. Discussion regarding Old Coppell:
1. Bethel Road.
2. Economic Development.
3. Land Use.
B. Discussion regarding Formation and Mission of Regional
Transportation Task Force.
C. Discussion regarding Board/Commission Interview
Schedule.
D. Discussion regarding Vacant Commercial Building
Integrity.
E. Discussion regarding Agenda Items.
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REGULAR SESSION (Open to the Public)
Mayor Sheehan welcomed Troop 841 who were in attendance working on their
communications badge.
3. Invocation.
Pastor Bob Turk of the First United Methodist Church of Coppell led
those present in the Invocation.
4. Pledge of Allegiance.
Mayor Sheehan led those present in the Pledge of Allegiance.
5. Consider approval of a proclamation congratulating Lee
Jackson on his appointment as Chancellor of the University of
North Texas, and authorizing the Mayor to sign.
This item was considered after Item14.
Presentation:
Mayor Sheehan read the proclamation for the record and presented the
same, along with several gifts, to Lee Jackson. Mr. Jackson indicated
there were 25 cities in Dallas County and the City of Coppell was the
only one to bestow him with such an honor.
Action:
Mayor Pro Tem Stover moved to approve a proclamation congratulating
Lee Jackson on his appointment as Chancellor of the University of North
Texas, and authorizing the Mayor to sign. Councilmember Tunnell
seconded the motion; the motion carried 6-0 with Mayor Pro Tem Stover
and Councilmembers Brancheau, Raines, Tunnell, Herring and York
voting in favor of the motion.
6. Citizen's Appearances.
There was no one signed up to speak under this item.
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CONSENT AGENDA
7. Consider approval of the following consent agenda items:
A. Consider approval of minutes: July 25, 2002.
B. Consider acceptance of resignation of Tiffany Pittman
from the Coppell Education Development Corporation.
C. Consider approval of a grant from the Coppell Education
Development Corporation and the City of Coppell to the
North Hills School for a foreign language using funds
collected from the 379A sales tax, and authorizing the
City Manager to sign.
D. Consider appointment of Councilmember Jayne Peters as
liaison to the Metrocrest Hospital Authority to replace
Diana Raines.
E. Consider approval of a right-of-way use agreement
between the City of Coppell and Texas Dugan Limited
Partnership; and authorizing the City Manager to sign.
F. Consider approval of a right-of-way use agreement
between the City of Coppell and Transwestern
Commercial Services; and authorizing the City Manager
to sign.
G. Consider approval of Amendment 02 to the Interlocal
Cooperation Agreement for Operation and Maintenance of
Traffic Signals between the Texas Department of
Transportation, City of Lewisville and City of Coppell as
approved by City Council on February 9, 1999; and
authorizing the City Manager to sign.
H. Consider approval of extending the annual water meter
supply contract, Bid #Q-0701-02, for an additional one-
year ending August 31, 2003 to Hersey Meters, ACT Pipe
and Supply and Master Meters for a combined total not to
exceed $174,815.26, as budgeted; and authorizing the
City Manager to sign.
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I. Consider approval of a contract for the renewal of the
Dallas County Health Services Agreement, effective
October 1, 2002, through September 30, 2003, in the
amount of $3,131.00, and authorizing the City Manager
to sign.
Land Use and Development
J. Consider approval of an Ordinance for Case No. S-1194R,
Frost Bites Italian Ice, zoning change from PD-178R S-
1194 (Planned Development-178R-Special Use Permit-
1194) to PD-178R-S-1194R (Planned Development-178R-
Special Use Permit-1194 Revised), to allow a revision to
the approved attached signage for the Italian ice cream
shop located in the Town Center West Retail Center at
171 N. Denton Tap Road, and authorizing the Mayor to
sign.
K. Consider approval of an Ordinance for Case No. S-1200,
Deli and Health Food Bar, zoning change request from TC
(Town Center) to TC-S-1200 (Town Center, Special Use
Permit-1200), to allow the operation of an approximate
324 square-foot food service within the Coppell Family
YMCA, located at 146 Town Center Blvd., and authorizing
the Mayor to sign.
L. Consider approval of an Ordinance for text amendments
to Chapter 12, Zoning, of the Code of Ordinances to
amend Section 12-42-1 Definitions, providing for a
definition of mini-warehouse (convenience storage),
Section 12-31-6.20 revising parking for mini-warehouse
(convenience storage), Section 12-30-12 requiring SUP for
mini-warehouse use in the Light Industrial District, and
deleting subsection 34 of Section 12-31-6, to clarify the
parking requirements for general warehouse use, and
authorizing the Mayor to sign.
M. Consider approval of an Ordinance for a text amendment
to Chapter 12, Zoning of the Code of Ordinance, Section
12-34-8.(B)3. to clarify that landscape islands and trees
are not required within truck courts, and authorizing the
Mayor to sign.
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N. Consider approval of an Ordinance for text amendments
to Chapter 12, Zoning, of the Code of Ordinances,
Sections 12-23-0, 12-23-7 and 12-30-10 to delete Open
Storage as a use permitted by Special Use Permit in C
(Commercial) districts, and authorizing the Mayor to sign.
O. Consider approval of an Ordinance for text amendments
to Chapter 12, Zoning, of the Code of Ordinances,
Sections 12-42-1, 12-31-6, 12-25-1 and 12-26-1 to
provide for a definition, parking requirements and
districts permitted for an unlisted use of a technology
equipment facility, and authorizing the Mayor to sign.
Resolutions
P. Consider approval of a Resolution supporting the passage
of enabling legislation for photographic red light
enforcement in the 78th Texas Legislature, providing for
an effective date, and authorizing the Mayor to sign.
Action:
Councilmember Tunnell moved to approve Consent Agenda Items A, B,
C, D, E, F, G, H, I, J carrying Ordinance No. 91500-A-329, K carrying
Ordinance No. 91500-A-330, L carrying Ordinance No. 91500-A-331, M
carrying Ordinance No. 91500-A-332, N carrying Ordinance No. 91500-
A-333, O carrying Ordinance No. 91500-A-334 and P carrying Resolution
No. 2002-0813.1. Councilmember York seconded the motion; the motion
carried 6-0 with Mayor Pro Tem Stover and Councilmembers Brancheau,
Raines, Tunnell, Herring and York voting in favor of the motion.
8. Consider approval of the certification of the 2002 anticipated
collection rate for the period of July 1, 2002, through June 30,
2003, and the amount of excess debt collections during the
period of July 1, 2001, and June 30, 2002.
Presentation:
Jennifer Armstrong, Finance Director, made a presentation to Council.
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Action:
Councilmember Tunnell moved to approve the certification of the 2002
anticipated collection rate for the period of July 1, 2002, through
June 30, 2003, and the amount of excess debt collections during the
period of July 1, 2001 and June 30, 2002. Councilmember York
seconded the motion; the motion carried 6-0 with Mayor Pro Tem Stover
and Councilmembers Brancheau, Raines, Tunnell, Herring and York
voting in favor of the motion.
9. Consider approval of a proposal to maintain a tax rate of .6486
for the 2002 tax year and to set the Public Hearing on the
proposed tax rate for the next regularly scheduled Council
Meeting on August 27, 2002 at 7:00 p.m.
Presentation:
Jennifer Armstrong, Finance Director, made a presentation to the
Council.
Action:
Councilmember York moved to approve a proposal to maintain a tax rate
of .6486 for the 2002 tax year and to set the Public Hearing on the
proposed tax rate for the next regularly scheduled Council Meeting on
August 27, 2002 at 7:00 p.m. Councilmember Brancheau seconded the
motion; the motion carried 6-0 with Mayor Pro Tem Stover and
Councilmembers Brancheau, Raines, Tunnell, Herring and York voting in
favor of the motion.
10. PUBLIC HEARING:
Consider approval of Case No. S-1145R, Siam Thai Cuisine,
zoning change request 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.
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Presentation:
Marcie Diamond, Assistant Director of Planning and Community
Services, made a presentation to the Council.
Public Hearing:
Mayor Sheehan opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember York moved to close the Public Hearing and approve
Case No. S-1145R, Siam Thai Cuisine, zoning change request 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; subject to the following conditions:
1) The development of the property shall be limited to the site plan,
floor plan and sign plan;
2) Hours of operation shall be 11 a.m. to 11 p.m. seven days a week;
and
3) The sale of alcoholic beverages on the premises is permitted as
provided by State Law.
Councilmember Tunnell seconded the motion; the motion carried 6-0
with Mayor Pro Tem Stover and Councilmembers Brancheau, Raines,
Tunnell, Herring and York voting in favor of the motion.
11. PUBLIC HEARING:
Consider approval of Case No. S-1202, Gateway Business Park,
No. 2, Lot 2R, Block C, zoning change request from LI (Light
Industrial) to LI-S-1202 (Light Industrial, Special Use Permit-
1202), to allow outside petroleum products storage. Also, the
Site Plan is being revised to increase the size of Lot 2R by
0.303 of an acre, allow a generator with a screening wall and
construction of 32 additional parking spaces on 7.613 acres of
property located at 555 Dividend Drive.
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Presentation:
Marcie Diamond, Assistant Director of Planning and Community
Services, made a presentation to the Council.
Public Hearing:
Mayor Sheehan opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember York moved to close the Public Hearing and approve
Case No. S-1202, Gateway Business Park, No. 2, Lot 2R, Block C, zoning
change request from LI (Light Industrial) to LI-S-1202 (Light Industrial,
Special Use Permit-1202), to allow outside petroleum products storage.
Also, the Site Plan is being revised to increase the size of Lot 2R by 0.303
of an acre, allow a generator with a screening wall and construction of 32
additional parking spaces on 7.613 acres of property located at 555
Dividend Drive; subject to the following conditions:
1) The development of this property shall be in accordance with the
site plan, landscape plan and elevations of the screening wall;
2) Adherence to all Fire and Building Codes: and
3) In the event this generator is no longer needed, the generator,
screening walls and non-required landscape shall be removed.
Councilmember Brancheau seconded the motion; the motion carried 6-0
with Mayor Pro Tem Stover and Councilmembers Brancheau, Raines,
Tunnell, Herring and York voting in favor of the motion.
12. PUBLIC HEARING:
Consider approval of the Gateway Business Park, No. 2, Lot 1R
and 2R, Block C, Replat, to increase the size of Lot 2R by
0.303 of an acre and to allow 32 additional parking spaces on
12.027 acres of property located at 555 Dividend Drive.
Presentation:
Marcie Diamond, Assistant Director of Planning and Community
Services, made a presentation to the Council.
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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
Gateway Business Park, No. 2, Lot 1R and 2R, Block C, Replat, to
increase the size of Lot 2R by 0.303 of an acre and to allow 32 additional
parking spaces on 12.027 acres of property located at 555 Dividend
Drive. Councilmember Herring seconded the motion; the motion carried
6-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Raines,
Tunnell, Herring and York voting in favor of the motion.
13. PUBLIC HEARING:
Consider approval of text amendments to Chapter 12, Zoning,
of the Code of Ordinances, to provide a definition, regulations
and districts permitted for group homes.
Action:
Councilmember Tunnell moved to continue the Public Hearing and place
this item under advisement until September 10, 2002. Councilmember
York seconded the motion; the motion carried 6-0 with Mayor Pro Tem
Stover and Councilmembers Brancheau, Raines, Tunnell, Herring and
York voting in favor of the motion.
14. Consider approval of entering into an agreement with Oncor
Electric Company for the design and installation of streetlights
along Belt Line Road from Denton Tap Road to MacArthur
Blvd. in the amount of $70,476 as provided for in CIP funds;
and authorizing the City Manager to sign.
Presentation:
Jim Witt, City Manager, made a presentation to the Council.
Action:
Councilmember Herring moved to approve entering into an agreement
with Oncor Electric Company for the design and installation of
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streetlights along Belt Line Road from Denton Tap Road to MacArthur
Blvd. in the amount of $70,476 as provided for in CIP funds; and
authorizing the City Manager to sign. Councilmember York seconded the
motion; the motion carried 6-0 with Mayor Pro Tem Stover and
Councilmembers Brancheau, Raines, Tunnell, Herring and York voting in
favor of the motion.
15. Necessary action resulting from Work Session.
There was no action necessary under this item.
16. City Manager's Report.
A. Vector Control in Coppell.
A. Jim Witt, City Manager, updated the Council regarding the City's
larvicide program for mosquitoes and advised that mosquito
samples were being taken.
17. Mayor and Council Reports.
A. Report by Mayor Sheehan regarding Dallas Regional
Mobility Transportation Commission.
B. Report regarding the National Night Out activities.
C. Report by Councilmember Peters regarding Senior Adult
Services:
1. "You and Your Aging Parent" Conference, Saturday,
August 24, 9:00 a.m. - 3:00 p.m.
2. Senior Adult Services 2002 Golf Tournament -
Monday, October 28, Brookhaven Country Club.
A. Mayor Sheehan advised that Judge Harris would be replacing
Judge Jackson as the new chair of the commission and she has
been appointed to a subcommittee to look at legislation for DART
new members. Section 4 of the George Bush Turnpike east of
Coppell is receiving permits.
B. Mayor Sheehan asked the City Manager to thank the Police
Department, Fire Department, the Citizen's Police Academy
Alumni and a special thanks to Officer Harr for a great night.
Councilmember Tunnell reported this was the first year the
apartment complexes had participated and indicated she was
pleased with their involvement. Councilmember York reported he
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had a great time riding in one of the unmarked vehicles from the
Police Department. Councilmember Brancheau commended the
Police Department and Fire Department on a great job.
C. There was no report under this item as Councilmember Peters was
absent from the meeting.
There being no further business to come before the City Council, the meeting
was adjourned.
____________________________________
Candy Sheehan, Mayor
ATTEST:
______________________________________
Libby Ball, City Secretary
AGE N DA R E QU E S T FO R M
ITEM # 8/B CITY COUNCIL MEETING: August 27, 2002
ITEM CAPTION: Consider approval of a Resolution amending the written Investment Policy of the City of
Coppell as provided by the Public Funds Investment Act, Chapter 2256, Texas Government Code, and
authorizing the Mayor to sign.
SUBMITTED BY: Jennifer Armstrong
TITLE: Director of Finance
STAFF COMMENTS: As required by the Public Funds Investment Act, the Investment Policy must be
reviewed. Staff has reviewed the policy and recommends the following change:
1. Amend the Investment Portfolio Section to increase the authorized amount of the City’s portfolio to
be invested in Local Government Investment Pools from fifteen percent (15%) to twenty-five percent
(25%). The City currently utilizes two (2) investment pools, and no more than fifteen (15%) of the
City’s portfolio will be invested in any one pool.
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: $InvestmentPolicy-1Agenda Request
1
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS,
AMENDING THE WRITTEN INVESTMENT POLICY OF THE CITY OF
COPPELL, AS AMENDED, IN ACCORDANCE WITH THE TEXAS
PUBLIC FUNDS INVESTMENT ACT, CHAPTER 2256, TEXAS
GOVERNMENT CODE; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council has heretofore adopted a written Investment Policy, as
amended, as required by Chapter 2256 of the TEXAS GOVERNMENT CODE; and
WHEREAS, it is necessary and in the public interest to amend the written policy to
coincide with changes to the Public Funds Investment Act;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1.That the written Investment Policy of the City of Coppell, as amended,
heretofore adopted as Exhibit “A” to Resolution No. 2001.0828.1, is hereby amended by amending
Section V., I. G to read as follows, to wit:
"G. Local government investment pools that have been authorized by the
governing body by rule, ordinance or resolution. The investment pool must
maintain a rating no lower than AAA or AAA-M by at least one nationally
recognized rating service. Investment in such pools shall be limited to 25%
of the City's entire portfolio, with no more than 15% of the entire portfolio
invested in any one authorized pool."
SECTION 2.Republish and adopt subject to the amendments set forth in Exhibit “A”
which is attached hereto and incorporated herein as if set forth in full.
SECTION 3.That all provisions of the resolutions of the City of Coppell, Texas, in
conflict with the provisions of this Resolution, except as noted herein, be, and the same are hereby,
repealed, and all other provisions not in conflict with the provisions of this Resolution shall remain
in full force and effect.
2
SECTION 4. That should any word, phrase, paragraph, or section of this Resolution be
held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Resolution
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 Resolution as a whole.
SECTION 5.That this Resolution shall take effect immediately from and after its passage
as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2002.
APPROVED:
_________________________________________
CANDY SHEEHAN, MAYOR
ATTEST:
_________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 08/19/02) (49820)
1
INTRODUCTION
The purpose of this document is to set forth specific investment policy and strategy guidelines for
the City of Coppell in order to achieve the goals of safety, liquidity, yield, and public trust for all
investment activity. The City Council of the City of Coppell shall review its investment strategies
and policy not less than annually. This policy serves to satisfy the statutory requirement of
Chapter 2256, Texas Government Code as amended, to define, adopt and review a formal
investment strategy and policy.
INVESTMENT STRATEGY
The City of Coppell maintains portfolios which utilize four specific investment strategy
considerations designed to address the unique characteristics of the fund groups represented in the
portfolios:
A. Investment strategies for operating funds and commingled pools containing
operating funds have as their primary objective to assure that anticipated cash flows
are matched with adequate investment liquidity. The secondary objective is to
create a portfolio structure which will experience minimal volatility during
economic cycles. This may be accomplished by purchasing high quality, short-to-
medium-term securities which will complement each other in a laddered or barbell
maturity structure. The dollar weighted average maturity of 365 days or less will
be calculated using the stated final maturity date of each security.
B. Investment strategies for debt service funds shall have as the primary objective the
assurance of investment liquidity adequate to cover the debt service obligation on
the required payment date. Securities purchased shall not have a stated final
maturity date which exceeds the debt service payment date.
C. Investment strategies for debt service reserve funds shall have as the primary
objective the ability to generate a dependable revenue stream to the appropriate
debt service fund from securities with a low degree of volatility. Securities should
be of high quality and, except as may be required by the bond ordinance specific to
an individual issue, of short to intermediate-term maturities. Volatility shall be
further controlled through maturity and quality range, without paying premium, if
at all possible. Such securities will tend to hold their value during economic
cycles.
D. Investment strategies for special projects or special purpose fund portfolios will
have as their primary objective to assure that anticipated cash flows are matched
with adequate investment liquidity. These portfolios should include at least 10% in
highly liquid securities to allow for flexibility and unanticipated project outlays.
The stated final maturity dates of securities held should not exceed the estimated
project completion date.
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INVESTMENT POLICY
I. SCOPE
This investment policy applies to all financial assets of the City of Coppell. These funds are
accounted for in the City's Comprehensive Annual Financial Report (CAFR) and include:
* General Fund
* Special Revenue Funds
* Debt Service Funds
* Capital Projects Funds
* Proprietary Funds
* Trust and Agency Funds
II. OBJECTIVES
The City of Coppell shall manage and invest its cash with four objectives, listed in order of
priority: Safety, Liquidity, Yield, and Public Trust. The safety of the principal invested always
remains the primary objective. All investments shall be designed and managed in a manner
responsive to the public trust and consistent with State and Local law.
The City shall maintain a comprehensive cash management program which includes collection of
accounts receivable, vendor payment in accordance with invoice terms, and prudent investment of
available cash. Cash management is defined as the process of managing monies in order to insure
maximum cash availability and maximum yield on short-term investment of pooled idle cash.
Safety
The primary objective of the City's investment activity is the preservation of capital in the overall
portfolio. Each investment transaction shall be conducted in a manner to avoid capital losses,
whether they be from securities default or erosion of market value.
Liquidity
The City's investment portfolio shall be structured such that the City is able to meet all obligations
in a timely manner. This shall be achieved by matching investment maturities with forecasted cash
flow requirements and by investing in securities with active secondary markets.
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Yield
The City's cash management portfolio shall be designed with the objective of regularly exceeding
the average rate of return on three-month U.S. Treasury Bills. The investment program shall seek
to augment returns above this threshold consistent with risk limitations identified herein and
prudent investment polices.
Public Trust
All participants in the City's investment process shall seek to act responsibly as custodians of the
public trust. Investment officials shall avoid any transaction which might impair public confidence
in the City's ability to govern effectively.
III. RESPONSIBILITY AND CONTROL
Investment Committee
An Investment Committee, consisting of the City Manager, Deputy City Manager, the Director of
Finance, and Assistant Director of Finance, shall meet at least quarterly to determine operational
strategies and to monitor results. The Investment Committee shall include in its deliberation such
topics as: performance reports, economic outlook, portfolio diversification, maturity structure,
potential risk to the City's funds, authorized brokers and dealers, and the target rate of return on
the investment portfolio.
Delegation of Authority and Training
Authority to manage the City's investment program is derived from a resolution of the City
Council. The Director of Finance, the Assistant Finance Director and the Chief Accountant are
designated as the investment officers of the City and are responsible for investment decisions and
activities. The Director of Finance shall establish written procedures for the operation of the
investment program, consistent with this investment policy. The investment officers shall attend at
least one ten (10) hour training session from an independent source approved by the governing
body relating to the officer's responsibility under the Act within 12 months after assuming duties.
Additionally, once every two years, ten (10) hours of instruction must be obtained from an
independent source. Sources of authorized independent training are those sponsored by:
• Government Finance Officers Association (G.F.O.A.)
• Government Finance Officers Association of Texas (G.F.O.A.T.)
• Government Treasurers Organization of Texas (G.T.O.T.)
• University of North Texas - Center for Public Management
• Texas Tech - Center for Professional Development
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Internal Controls
The Director of Finance is responsible for establishing and maintaining an internal control
structure designed to ensure that the assets of the entity are protected from loss, theft or misuse.
The internal control structure shall be designed to provide reasonable assurance that these
objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control
should not exceed the benefits likely to be derived; and (2) the valuation costs and benefits requires
estimates and judgements by management.
Accordingly, the Director of Finance shall establish a process for annual independent review by an
external auditor to assure compliance with policies and procedures. The internal controls shall
address the following points:
A. Control of collusion.
B. Separation of transaction authority from accounting and record keeping.
C. Custodial safekeeping.
D. Avoidance of physical delivery securities.
E. Clear delegation of authority to subordinate staff members.
F. Written confirmation for telephone (voice) transactions for investments and wire
transfers.
G. Development of a wire transfer agreement with the depository bank or third party
custodian.
Prudence
The standard of prudence to be applied by the investment officer shall be the "prudent investor"
rule, which states: "Investments shall be made with judgment and care, under circumstances then
prevailing, which persons of prudence, discretion and intelligence exercise in the management of
their own affairs, not for speculation, but for investment, considering the probable safety of their
capital as well as the probable income to be derived." In determining whether an investment
officer has exercised prudence with respect to an investment decision, the determination shall be
made taking into consideration:
A. The investment of all funds, or funds under the City's control, over which the
officer had responsibility rather than a consideration as to the prudence of a single
investment.
B. Whether the investment decision was consistent with the written investment policy
of the City.
The investment officer, acting in accordance with written procedures and exercising due diligence,
shall not be held personally responsible for a specific security's credit risk or market price
changes, providing that these deviations are reported immediately and that appropriate action is
taken to control adverse developments.
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Ethics and Conflicts of Interest
City staff involved in the investment process shall refrain from personal business activity that could
conflict with proper execution of the investment program, or which could impair the ability to
make impartial investment decisions. City staff shall disclose to the City Manager any material
financial interests in financial institutions that conduct business with the City and they shall further
disclose positions that could be related to the performance of the City's portfolio. City staff shall
subordinate their personal financial transactions to those of the City, particularly with regard to
timing of purchases and sales.
An investment officer of the City who has a personal business relationship with an organization
seeking to sell an investment to the City shall file a statement disclosing that personal business
interest. An investment officer who is related within the second degree by affinity or
consanguinity to an individual seeking to sell an investment to the City shall file a statement
disclosing that relationship. A statement required under this subsection must be filed with the
Texas Ethics Commission and the governing body of the entity.
IV. REPORTING
Quarterly Reporting
The Director of Finance shall submit a signed quarterly investment report that summarizes current
market conditions, economic developments and anticipated investment conditions. The report
shall summarize investment strategies employed in the most recent quarter, and describe the
portfolio in terms of investment securities, maturities, risk characteristics, and shall explain the
total investment return for the quarter.
Annual Report
Within 90 days of the end of the fiscal year, the Director of Finance shall present an annual report
on the investment program and investment activity. This report may be presented along with the
Comprehensive Annual Financial Report to the City Manager and City Council.
Methods
The quarterly investment report shall include a succinct management summary that provides a
clear picture of the status of the current investment portfolio and transactions made over the last
quarter. This management summary will be prepared in a manner which will allow the City to
ascertain whether investment activities during the reporting period have conformed to the
investment policy. The reports shall be formally reviewed at least annually by an independent
auditor if investments are other than those offered by the City's depository. The portfolio shall be
marked to market monthly. The market value of the securities is to be provided by the City's
depository.
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The report will be provided to the City Manager and City Council. The report will include the
following:
A. A listing of individual securities (investment position) held at the end of the
reporting period.
B. Unrealized gains or losses resulting from appreciation or depreciation by listing the
beginning and ending book and market value of securities for the period.
C. Additions and changes to the market value during the period.
D. Average weighted yield to maturity of portfolio on entity investments as compared
to applicable benchmark.
E. Listing of investment by maturity date.
F. The percentage of the total portfolio which each type of investment represents.
G. Statement of compliance of the City's investment portfolio with State Law and the
investment strategy and policy approved by the City Council.
H. Prepared and signed by the investment officers.
I. Fully accrued interest for the period.
J. States account or fund for each investment.
V. INVESTMENT PORTFOLIO
The City shall pursue an active versus a passive portfolio management philosophy. That is,
securities may be sold before they mature if market conditions present an opportunity for the City
to benefit from the trade. The investment officer will routinely monitor the contents of the
portfolio, the available markets, and the relative value of competing instruments, and will adjust
the portfolio accordingly.
Investments
Assets of the City of Coppell may be invested in the following instruments; provided, however,
that at no time shall assets of the City be invested in any instrument or security not authorized for
investment under the Act, as the Act may from time to time be amended.
I. Authorized
A. Obligations of the United States of America, its agencies and
instrumentalities.
B. Direct obligations of the State of Texas or its agencies and instrumentalities.
C. Other obligations, the principal of and interest on which are unconditionally
guaranteed by the State of Texas or United States of America.
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D. Obligations of the State, agencies thereof, Counties, Cities, and other
political subdivisions of any state having been rated as investment quality by
a nationally recognized investment rating firm, and having received a rating
of not less than "A" or its equivalent.
E. Certificates of Deposit of state and national banks domiciled in Texas,
guaranteed or insured by the Federal Deposit Insurance or its successor or
secured by obligations described in A through D above, which are intended
to include all direct agency or instrumentality issued mortgage backed
securities rated AAA by a nationally recognized rating agency and that have
a market value of not less than the principal amount of the certificates.
F. Fully collateralized direct repurchase agreements with a defined termination
date secured by obligations of the United States or its agencies and
instrumentalities. These shall be pledged to the City of Coppell, held in the
City’s name, and deposited at the time the investment is made with the City
or with a third party selected and approved by the City. Repurchase
agreements must be purchased through a primary government securities
dealer, as defined by the Federal Reserve, or a bank domiciled in Texas. A
Master Repurchase Agreement must be signed by the bank\dealer prior to
investment in a repurchase agreement. All repurchase agreement
transactions will be on a delivery versus payment basis. Securities received
for repurchase agreements must have a market value greater than or equal
to 105 percent at the time funds are disbursed.
G. Local government investment pools that have been authorized by the
governing body by rule, ordinance or resolution. The investment pool must
maintain a rating no lower than AAA or AAA-M by at least one nationally
recognized rating service. Investment in such pools shall be limited to 25%
of the City’s entire portfolio, with no more than 15% of the entire portfolio
invested in any one authorized pool.
H. No-load money market mutual funds that are registered and regulated by
the Securities and Exchange Commission, that has a dollar weighted
average stated maturity of 90 days or fewer and includes in its investment
objectives the maintenance of a stable net asset value of $1 for each share.
I. No-load mutual funds that are registered with the Securities and Exchange
Commission, having an average weighted maturity of less than two years
and is invested or secured in obligations described in A through D above.
The fund must maintain a rating of AAA, or its equivalent by at least one
nationally recognized rating firm. The fund must conform to the
requirements relating to the eligibility of investment pools.
Investments in mutual funds shall be limited to 10% of the City's monthly fund balance,
excluding bond proceeds and reserves and other funds held for debt service.
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II. Not Authorized
The City's authorized investments options are more restrictive than those allowed by State law.
State law specifically prohibits investment in the following investment securities.
A. Obligations whose payment represents the coupon payments on the
outstanding principal balance of the underlying mortgage backed security
collateral and pays no principal.
B. Obligations whose payment represents the principal stream of cash flow
from the underlying mortgage-backed security collateral and bears no
interest.
C. Collateralized mortgage obligations that have a stated final maturity date of
greater than 10 years.
D. Collateralized mortgage obligations the interest rate of which is determined
by an index that adjusts opposite to the changes in a market index.
Holding Period
The City of Coppell intends to match the holding periods of investment funds with liquidity needs
of the City. In no case will the average maturity of investments of the City's operating funds
exceed one year. The maximum final stated maturity of any investment shall not exceed five
years.
Investments in all funds shall be managed in such a way that the market price losses resulting from
interest rate volatility would be offset by coupon income and current income received from the
volume of the portfolio during a twelve month period.
Risk and Diversification
The City of Coppell recognizes that investment risks can result from issuer defaults, market price
changes or various technical complications leading to temporary illiquidity. Risk is controlled
through portfolio diversification which shall be achieved by the following general guidelines;
A. Risk of issuer default is controlled by limiting investments to those
instruments allowed by the Act, which are described herein.
B. Risk of market price changes shall be controlled by avoiding over-
concentration of assets in a specific maturity sector, limitation of average
maturity of operating funds investments to one year, and avoidance of over-
concentration of assets in specific instruments other than U.S. Treasury
Securities and insured or Collateralized Certificates of Deposits.
C. Risk of illiquidity due to technical complications shall be controlled by the
selection of securities dealers as described herein.
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VI. SELECTION OF BANKS AND DEALERS
Depository
At least every five (5) years a Depository shall be selected through the City's banking services
procurement process, which shall include a formal request for proposal (RFP). In selecting a
depository, the credit worthiness of institutions shall be considered, and the Director of Finance
shall conduct a comprehensive review of prospective depositories credit characteristics and
financial history.
Certificates of Deposit
Banks seeking to establish eligibility for the City's competitive certificate of deposit purchase
program shall submit for review annual financial statements, evidence of federal insurance and
other information as required by the Director of Finance.
Authorized Representatives
Investment officials shall not knowingly conduct business with any firm with whom public entities
have sustained losses on investments. All authorized representatives shall provide the City with
references from Public entities which they are currently serving.
All financial institutions and authorized representatives who desire to become qualified bidders for
investment transactions must supply the following as appropriate:
- audited financial statements
- proof of National Association of Securities Dealers (NASD) certification
- proof of state registration
- completed broker/dealer questionnaire
- certification of having read the City's investment policy signed by an
authorized representative of the organization
- Acknowledgement that the organization has implemented reasonable
procedures and controls in an effort to preclude imprudent investment
activities arising out of investment transactions conducted between the City
and the organization
The investment officers are precluded from purchasing an investment from a representative who
has not delivered the written certification
An annual review of the financial condition and registration of qualified bidders will be conducted
by the Director of Finance.
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VII. SAFEKEEPING AND CUSTODY
Insurance or Collateral
All deposits and investments of City funds other than direct purchases of U.S. Treasuries or
Agencies shall be secured by pledged collateral. In order to anticipate market changes and provide
a level of security for all funds, the collateralization level will be 105% of market value of
principal and accrued interest on the deposits or investments less an amount insured by the FDIC
or FSLIC. Evidence of the pledged collateral shall be maintained by the Director of Finance or a
third party financial institution. The City’s Depository Agreement shall specify the acceptable
investment securities for collateral, the substitution or release of investment securities, ownership
of securities, and the method of valuation of securities. Repurchase agreements shall be
documented by a specific agreement noting the collateral pledge in each agreement. Collateral
shall be reviewed monthly to assure that the market value of the pledged securities is adequate.
Safekeeping Agreement
Collateral pledged to secure deposits of the City shall be held by a safekeeping institution in
accordance with a Safekeeping Agreement which clearly defines the procedural steps for gaining
access to the collateral should the City of Coppell determine that the City's funds are in jeopardy.
The safekeeping institution, or Trustee, shall be the Federal Reserve Bank or an institution not
affiliated with the firm pledging the collateral. The safekeeping agreement shall include the
signatures of authorized representatives of the City of Coppell, the firm pledging the collateral,
and the Trustee.
Collateral Defined
The City of Coppell shall accept only the following securities as collateral:
A. FDIC and FSLIC insurance coverage.
B. A bond, certificate of indebtedness, or Treasury Note of the United States,
or other evidence of indebtedness of the United States that is guaranteed as
to principal and interest by the United States.
C. Obligations, the principal and interest on which, are unconditionally
guaranteed or insured by the State of Texas.
D. A bond of the State of Texas or of a county, city or other political
subdivision of the State of Texas having been rated as investment grade
(investment rating no less than "A" or its equivalent) by a nationally
recognized rating agency with a remaining maturity of five (5) years or
less.
Subject to Audit
All collateral shall be subject to inspection and audit by the Director of Finance or the City's
independent auditors.
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Delivery vs. Payment
Treasury Bills, Notes, Bonds and Government Agencies' securities shall be purchased using the
delivery vs. payment method. That is, funds shall not be wired or paid until verification has been
made that the correct security was received by the Trustee. The security shall be held in the name
of the City or held on behalf of the City. The Trustee's records shall assure the notation of the
City's ownership of or explicit claim on the securities. The original copy of all safekeeping
receipts shall be delivered to the City.
VII. INVESTMENT POLICY ADOPTION
The City of Coppell investment policy shall be adopted by resolution of the City Council. The
policy shall be reviewed for effectiveness on an annual basis by the Investment Committee and any
modifications will be recommended for approval to the City Council.
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GLOSSARY
of
COMMON TREASURY TERMINOLOGY
Agencies: Federal agency securities.
Ask: The price at which securities are
offered.
Bid: The price offered for securities.
Broker: A broker brings buyers and sellers
together for a commission paid by the
initiator of the transaction or by both sides.
In the money market, brokers are active in
markets, in which banks buy and sell money,
and in interdealer markets.
Certificate of Deposit (CD): A time deposit
with a specific maturity evidenced by a
certificate. Large-denomination CD's are
typically negotiable.
Collateral: Securities, evidence of deposit
or other property that a borrower pledges to
secure repayment of loan. Also refers to
securities pledged by a bank to secure
deposits of public monies.
Comprehensive Annual Financial Report
(CAFR): The official annual report for the
City of Coppell. It includes combined
statements and basic financial statements for
each individual fund and account group
prepared in conformity with GAAP. It also
includes supporting schedules necessary to
demonstrate compliance with finance-related
legal and contractual provisions, extensive
introductory material, and a detailed
Statistical Section.
Coupon: The annual rate of interest that a
bond's issuer promises to pay the bondholder
on the bond's face value
Dealer: A dealer, as opposed to a broker,
acts as a principal in all transactions, buying
and selling for his own account.
Debenture: A bond secured only by the
general credit of the issuer.
Delivery versus Payment: There are two
methods of delivery of securities: delivery
versus payment and delivery versus receipt
Delivery versus payment is delivery of
securities with an exchange of money for the
securities. Delivery versus receipt is delivery
of securities with an exchange of a signed
receipt for the securities.
Discount Securities: Non-interest bearing
money market instruments that are issued at a
discount and redeemed at maturity for full
face value, such as U.S. Treasury bills.
Diversification: Dividing investment funds
among a variety of securities offering
independent returns.
Federal Credit Agencies: Agencies of the
Federal government set up to supply credit to
various classes of institutions and individuals,
such as Savings and Loans, small business
firms, students, farmers, farm cooperatives,
and exporters.
Federal Deposit Insurance Corporation
(FDIC): A federal agency that insures bank
deposits, currently up to $100,000 per
deposit.
Federal Funds Rate: The rate of interest at
which Fed funds are traded. This rate is
currently set by the Federal Reserve through
open-market operations.
Federal Home Loan Banks (FHLB): The
institutions that regulate and lend to savings
and loan associations. The Federal Home
Loan Banks play a role analogous to that
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played by the Federal Reserve Banks vis-a-
vis member commercial banks.
Federal National Mortgage Association
(FNMA): FNMA, like GNMA, was
chartered under the Federal National
Mortgage Association Act in 1938. FNMA
is a federal corporation working under the
auspices of the Department of Housing and
Urban Development, H.U.D. It is the
largest single provider of residential
mortgage funds in the United States. Fannie
Mae, as the corporation is called, is a private
stockholder-owned corporation. The
corporation's purchases include a variety of
adjustable mortgages and second loans in
addition to fixed-rate mortgages. FNMA's
securities are also highly liquid and are
widely accepted. FNMA assumes and
guarantees that all security holders will
receive timely payment of principal and
interest.
Federal Open Market Committee
(FOMC): Consists of seven members of the
Federal Reserve Board and five of the twelve
Federal Reserve Bank Presidents. The
President of the New York Federal Reserve
Bank is a permanent member while the other
Presidents serve on a rotating basis. The
Committee periodically meets to set Federal
Reserve guidelines regarding purchases and
sales of Government Securities in the open-
market as a means of influencing the volume
of bank credit and money.
Federal Reserve System: The central bank
of the United States created by Congress and
consisting of a seven member Board of
Governors in Washington, D.C., 12 regional
banks and commercial banks that are
members of the system.
Government National Mortgage
Association (GNMA or Ginnie Mae):
Securities guaranteed by GNMA and issued
by mortgage bankers, commercial banks,
savings and loan associations, and other
institutions. Security holder is protected by
full faith and credit of the U.S. Government.
Ginnie Mae securities are backed by FHA,
VA or FMHM mortgages. The term pass-
throughs is often used to describe Ginnie
Maes.
Liquidity: A liquid asset is one that can be
converted easily and rapidly into cash
without a substantial loss of value. In the
money market, a security is said to be liquid
if the spread between bid and asked prices is
narrow and reasonable size can be done at
those quotes.
Market Value: The price at which a
security is trading and could presumably be
purchased or sold.
Master Repurchase Agreement: To protect
investors, many public investors will request
that repurchase agreements be preceded by a
master repurchase agreement between the
investor and the financial institution or
dealer. The master agreement should define
the nature of the transaction, identify the
relationship between the parties, establish
normal practices regarding ownership and
custody of the collateral securities during the
term of the investment, provide remedies in
the case of default by either party and clarify
issues of ownership. The master repurchase
agreement protects the investor by
eliminating the uncertainty of ownership and
hence, allowing investors to liquidate
collateral if a bank or dealer defaults during
the term of the agreement.
Maturity: The date upon which the
principal or stated value of an investment
becomes due and payable.
Money Market: The market in which short-
term debt instruments (bills, commercial
paper, bankers' acceptances) are issued and
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traded.
Open Market Operations: Purchases and
sales of government and certain other
securities in the open market by the New
York Federal Reserve Bank as directed by
the FOMC in order to influence the volume
of money and credit in the economy.
Purchases inject reserves into the bank
system and stimulate growth of money and
credit; sales have the opposite effect. Open
market operations are the Federal Reserve's
most important and most flexible monetary
policy tool.
Portfolio: Collection of securities held by an
investor.
Primary Dealer: A group of government
securities dealers that submit daily reports of
market activity and positions and monthly
financial statements to the Federal Reserve
Bank of New York and are subject to its
informal oversight. Primary dealers include
Securities and Exchange Commission (SEC)
registered securities broker-dealers banks and
a few unregulated firms.
Prudent Person Rule: An investment
standard. Investments shall be made with
judgment and care, under circumstances then
prevailing, which persons of prudence,
discretion and intelligence exercise in the
management of their own affairs, not for
speculation, but for investment, considering
the probable safety of their capital as well as
the probable income to be derived.
Rate of Return: The yield obtainable on a
security based on its purchase price or its
current market price. This may be the
amortized yield to maturity on a bond or the
current income return.
Repurchase Agreement (RP of REPO): A
holder of securities sells these securities to an
investor with an agreement to repurchase
them at a fixed price on a fixed date. The
security "buyer" in effect lends the "seller"
money for the period of the agreement, and
their terms of the agreement are structured to
compensate him for this.
AGE N DA R E QU E S T FO R M
ITEM # 9 CITY COUNCIL MEETING: August 27, 2002
ITEM CAPTION: PUBLIC HEARING: To receive public comment concerning the Proposed 2002-2003
Municipal Budget.
SUBMITTED BY: Jennifer Armstrong
TITLE: Director of Finance
STAFF COMMENTS: Pursuant to the City Charter, a public hearing will be conducted by the City Council
of the City of Coppell, Texas, to receive public comment concer ning the Proposed 2002-2003 Municipal
Budget. At this hearing, taxpayers must have the opportunity to express their views on the proposed budget.
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: $PHBudget-1Agenda Request
NOTICE OF PUBLIC HEARING
PROPOSED 2002-2003
MUNICIPAL BUDGET
A PUBLIC HEARING will be conducted by the City Council of the City of Coppell, Texas, to
receive public comment concerning the Proposed 2002-2003 Municipal Budget. The Public
Hearing will be held on August 27, 2002 at 7:00 p.m. in the Council Chambers at the City Hall,
255 Parkway Boulevard, Coppell, Texas 75019. A copy of the Proposed Budget will be on file
for public view in the office of the City Secretary at City Hall, and at the William T. Cozby
Public Library, 177 N. Heartz Road, Coppell, Texas 75019.
PUBLIC NOTICE 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.
AGE N DA R E QU E S T FO R M
ITEM # 10 CITY COUNCIL MEETING: August 27, 2002
ITEM CAPTION: PUBLIC HEARING: To receive public comment concer ning the Proposed 2002-2003 tax
rate of .6486.
SUBMITTED BY: Jennifer Armstrong
TITLE: Director of Finance
STAFF COMMENTS: Pursuant to Section 26.06 of the Texas Property Tax Code, when a proposed tax rate
exceeds the notice-and-hearing limit, the taxing unit’s gover ning body must hold a public hearing on the
proposal. At this hearing, taxpayers must have the opportunity to express their views on the proposed
increase. The governing body may not adopt the tax rate at this hearing; and, must announce the date and
time of the meeting at which it will vote on the tax rate. The meeting to adopt the 2002 tax rate must be at
least three (3) days but no more than four teen (14) days after the public hearing.
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: $PHTaxRate-1AgendaRequest
Notice of Public Hearing on Tax Increase
The City of Coppell will hold a public hearing on a proposal to increase total tax
revenues from properties on the tax roll in the preceding year by 3.23 percent.
Your individual taxes may increase at a greater or lesser rate, or even decrease,
depending on the change in the taxable value of your property in relation to the
change in taxable value of all other property and the tax rate that is adopted.
The public hearing will be held on August 27, 2002 at 6:30 PM at Town Center,
255 Parkway Blvd., Coppell.
FOR the proposal:Tim Brancheau Diana Raines
Marsha Tunnell Doug Stover
Dave Herring Bill York
AGAINST the proposal:
PRESENT and not voting:
ABSENT:Jayne Peters
The following table compares taxes on an average home in this taxing unit last
year to taxes proposed on the average home this year. Again, your individual
taxes may be higher or lower, depending on the taxable value of your property.
Last Year This Year
Average residence homestead value $222,211 $227,007
General exemptions available $6,666 $11,350
(amount available on the average homestead, not including senior
citizen's or disabled person's exemptions)
Average taxable value $215,545 $215,657
Tax rate (per $100) 0.64860 0.64860
Tax $1,398.02 $1,398.75
Under this proposal, taxes on the average homestead would increase by
$0.73 or 0.05 percent compared with last year's taxes. Comparing tax
rates without adjusting for changes in property value, the tax rate
would increase by $0.00 per $100 of taxable value or 0.00 percent
compared to last year's tax rate. These tax rate figures are not adjusted
for changes in the taxable value of property.
AGE N DA R E QU E S T FO R M
ITEM # 11 CITY COUNCIL MEETING: August 27, 2002
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 AmberPoint at Coppell, LLC, described as AmberPoint Business Park at Coppell
Phase I, being part of Block A, Lot 1 (14.39 acres) and located along the nor thwest corner of Nor thpoint
Drive from Royal Lane to Sandy Lake Road, Coppell, Texas.
SUBMITTED BY: Gary Sieb
TITLE: Director of Planning
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: $1PHAmber-1Agenda Request.doc
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 27th day of August, 2002,
at 5:30 P.M., to consider designation of the property described as
part of Block A, Lot 1, Amberpoint Business Park at Coppell Phase
1 (14.39 acres), located along the northwest corner of NorthPoint
Drive (Extension) from Royal Lane to Sandy Lake Road, Coppell,
Texas, AmberPoint at Coppell, LLC, 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 August 16, 2002
AGE N DA R E QU E S T FO R M
ITEM # 12 CITY COUNCIL MEETING: August 27, 2002
ITEM CAPTION:
Consider approval of an Ordinance designating the AmberPoint at Coppell, LLC, Reinvestment Zone No. 38,
and authorizing the Mayor to sign.
SUBMITTED BY: Gary Sieb
TITLE: Director of Planning
STAFF COMMENTS:
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: $2Amber Ord-2Agenda.doc
1 45798
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DESIGNATING
REINVESTMENT ZONE NO. 38 (AMBER POINT AT COPPELL, LLC);
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. 38 (Amber Point at Coppell, LLC).”
2 45798
SECTION 3.That the property within Reinvestment Zone No. 38 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:
___________________________________
PETER G. SMITH, CITY ATTORNEY
(PGS/ev 08/08/02)
AGE N DA R E QU E S T FO R M
ITEM # 13 CITY COUNCIL MEETING: August 27, 2002
ITEM CAPTION:
Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and
AmberPoint at Coppell, LLC, and authorizing the Mayor to sign.
SUBMITTED BY: Gary Sieb
TITLE: Director of Planning
STAFF COMMENTS: City Council is scheduled to conduct a Public Hearing regarding the designation of
the reinvestment zone on August 27, 2002. The Coppell Economic Development Committee unanimously
recommended approval of this abatement agreement request on Januar y 9, 2002.
BUDGET AMT. $ AMT. EST. $ +\-BID $
FINANCIAL COMMENTS:
DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:
Agenda Request Form - Revised 5/00
Document Name: $3Amber Resolution-3Agenda.doc
1 48167
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE
TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND
BETWEEN THE CITY OF COPPELL, TEXAS AND AMBERPOINT AT COPPELL,
L.L.C.; 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 between the City of Coppell, Texas and AmberPoint at Coppell, L.L.C., 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 48167
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/ttl 08/22/02)
TAX ABATEMENT AGREEMENT - Page 1 45800
STATE OF TEXAS §
§ TAX ABATEMENT AGREEMENT
COUNTY OF DALLAS §
This Tax Abatement Agreement (the “Agreement”) is entered into by and between the City
of Coppell, Texas (the “City”), duly acting herein by and through its Mayor, and AmberPoint at
Coppell, LLC (“Owner”), 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. 38 (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, Owner’s 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
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 (hereinafter defined) 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
TAX ABATEMENT AGREEMENT - Page 2 45800
WHEREAS, the City desires to enter into an agreement with Owner, the proposed owner of
the Premises within the Tax Abatement Reinvestment Zone 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. Owner is the owner of the real property described in Exhibit “A” attached hereto and
made a part hereof for all purposes (the “Land” hereinafter defined), which real property is located
within the city limits of the City and within the Zone.
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.
6. Subject to the terms and conditions of this Agreement, and provided the Taxable
Value for the Improvements is at least Seven Million Dollars ($7,000,000) as of January 1 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 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 year in which this Agreement is executed (base year/2002).
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, Owner 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.
TAX ABATEMENT AGREEMENT - Page 3 45800
DEFINITIONS
9. Wherever used in this Agreement, the following terms shall have the meanings
ascribed to them:
A. “Base Year Taxable Value” shall mean the total Taxable Value for the Land
for the year in which the Tax Abatement Agreement is executed (2002).
B. “Event of Bankruptcy or Insolvency” shall mean the dissolution or
termination of Owner’s existence as a going business, insolvency, appointment of
receiver for any part of Owner’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 Owner and such proceeding is not dismissed within ninety
(90) days after the filing thereof.
C. “First Year of Abatement” shall mean January 1 of the calendar year
immediately following the issuance of a certificate of occupancy for 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.
E. “Improvements” shall mean the contemplated improvements to be
constructed on the Land and as further described herein.
F. “Land” shall mean the real property described in Exhibit “A” attached hereto
and incorporated herein for all purposes.
G. “Premises” shall mean the Land 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.
IMPROVEMENTS
10. Owner owns the Land and agrees to construct or caused to be constructed thereon an
office/warehouse building containing 308,000 square feet (and other ancillary facilities such as
reasonably required parking and landscaping more fully described in the submittals filed by Owner
with the City from time to time in order to obtain a building permit) (the “Improvements”). The
cost of the Improvements excluding the Land shall be at least Seven Million Dollars ($7,000,000).
TAX ABATEMENT AGREEMENT - Page 4 45800
Nothing in this Agreement shall obligate Owner to construct the Improvements on the Land, but
said action is a condition 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, Owner will diligently and faithfully, in good and workmanlike manner, and pursue the
completion of the contemplated Improvements on or before December 31, 2002, 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 agrees to maintain the Improvements during the term of this Agreement in
accordance with all applicable state and local laws, codes, and regulations. Owner agrees that the
Improvements shall be used only as an office/warehouse building for a period of five (5) years
commencing on the date a certificate of occupancy is issued 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 in accordance with Owner’s visitor access and security policies, in order to insure that
the construction 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 shall also annually certify to the City that it is in
compliance with each term of the Agreement.
16. The Premises 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.
17. Owner agrees to provide to the tenants of the Improvements, the benefit of the
abatement of real property taxes granted herein. Owner shall, upon written request, provide the City
with satisfactory evidence that the benefits of this Agreement have been provided to the tenants of
the Improvements.
TAX ABATEMENT AGREEMENT - Page 5 45800
DEFAULT: RECAPTURE OF TAX REVENUE
18. In the event Owner: (i) fails to complete the Improvements in accordance with this
Agreement or in accordance with applicable State or local laws, codes or regulations; (ii) has
delinquent ad valorem or State sales taxes owed to the City with respect to the Premises (provided
Owner retains its right to timely and properly protest such taxes or assessment); (iii) has an “Event
of Bankruptcy or Insolvency”; or (iv) breaches any of the terms and conditions of this Agreement,
then Owner, 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, Owner 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 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 Owner, its successors and assigns and shall constitute a
tax lien on the Premises and shall become due, owing and shall be paid to the City within thirty (30)
days after termination.
19. Upon breach by Owner of any obligations under this Agreement, the City shall
notify Owner in writing. Owner shall have sixty (60) days from receipt of the notice in which to
cure any such default. If the default cannot reasonably be cured within a sixty (60) day period, and
Owner has diligently pursued such remedies as shall be reasonably necessary to cure such default,
then the City may extend the period in which the violation must be cured.
20. If Owner fails 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.
21. 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 without tax abatement for the years in which tax
abatement hereunder was received by Owner with respect to the Improvements 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
22. It shall be the responsibility of Owner, 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 upon request be
submitted to the City.
TAX ABATEMENT AGREEMENT - Page 6 45800
SUCCESSORS AND ASSIGNS
23. 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 which shall not be unreasonably
withheld. 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.
NOTICE
24. 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:
Attn: Mr. John Higgins
Amber Point at Coppell, LLC
One State Farm Plaza, E-7
Blooming, IL 61710
With copy to:
Mr. Henry J. Knapek
Transwestern Commercial Services
5001 Spring Valley Road, Suite 600W
Dallas, Texas 75244
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
TAX ABATEMENT AGREEMENT - Page 7 45800
CITY COUNCIL AUTHORIZATION
25. 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.
SEVERABILITY
26. 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
27. 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
28. 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
29. 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
30. 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
31. A certified copy of this Agreement shall be recorded in the Deed Records of Dallas
County, Texas.
TAX ABATEMENT AGREEMENT - Page 8 45800
INCORPORATION OF RECITALS
32. The determinations recited and declared in the preambles to this Agreement are
hereby incorporated herein as part of this Agreement.
EXHIBITS
33. All exhibits to this Agreement are incorporated herein by reference for all purposes
wherever reference is made to the same.
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
EXECUTED in duplicate originals this the ____ day of ________, 2002.
AMBER POINT AT COPPELL, L.L.C,
a Delaware limited liability company
By: Amberjack, Ltd., an Arizona corporation, its
managing member
By: _________________________________
Name:
Title:
TAX ABATEMENT AGREEMENT - Page 9 45800
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 10 45800
OWNER’S ACKNOWLEDGMENT
STATE OF ILLINOIS §
§
COUNTY OF McLEON §
This instrument was acknowledged before me on the _______ day of ___________,
2002, by _________________________ being the _____________________ of Amberjack,
Ltd., an Arizona corporation and managing member of Amber Point at Coppell, L.L.C., a
Delaware limited liability company, on behalf of said limited partnership.
Notary Public, State of Texas
My Commission Expires:
EXHIBIT “A”
AG EN DA R EQU EST FO R M
ITEM # 14 CITY COUNCIL MEETING: August 27, 2002
NECESSARY ACTION RESULTING FROM WORK SESSION
AG EN DA R EQU EST FO R M
ITEM # 15 CITY COUNCIL MEETING: August 27, 2002
NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION