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CP 2003-03-25 NOTICE OF CITY COUNCIL MEETING AND AGENDA MARCH 25, 2003 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, March 25, 2003, 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. ag032503 Page 1 of 5 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.072, Texas Government Code - Deliberation regarding Real Proper ty. 1. Discussion regarding Land Acquisition west of Coppell Road and south of Bethel Road. B. Section 551.076, Texas Government Code - Deliberation regarding Security Devices. 1. Security for Community Infrastructure. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding appointment of member to the Coppell Economic Development Committee. B. Presentation regarding extension of the Curfew Ordinance. C. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Invocation. 5. Pledge of Allegiance. 6. Consider approval of a Proclamation naming April 5, 2003 as Clean Coppell-Ear thfest 2003, and authorizing the Mayor to sign. 7. Consider approval of a proclamation naming May 3, 2003 as Project Graduation Awareness Day, and authorizing the Mayor to sign. 8. Presentation of cer tificates of appreciation for Boy Scout Eagle Projects and Community Projects with the city of Coppell Parks and Recreation Depar tment. 9. Repor t by Telecommunications Board. 10. Citizen's Appearances. 11. Recognition of former Fire Chiefs, Volunteers and Firefighters. CONSENT AGENDA 12. Consider approval of the following consent agenda items: ag032503 Page 2 of 5 ITEM # ITEM DESCRIPTION A. Consider approval of minutes: March 11, 2003. B. Consider an Ordinance amending the Code of Ordinances of the city of Coppell as amended by repealing Ar ticle 9-22 of the Code of Ordinances and reserving the same for future use and by repealing Ordinance No. 2001-967 providing for Ar ticle 9-22, Retail Electrical Providers; providing a repealing clause; providing a severability clause; and providing for an effective date, and authorizing the Mayor to sign. C. Consider approval of modifications to the Bylaws of the Parks and Recreation Board regarding the times and location of the scheduled meetings. D. Consider approval of modifications to the Bylaws of the Coppell Recreation Development Corporation regarding the dates and times of the scheduled meetings. E. Consider approval of an ordinance of the City of Coppell, Texas, readopting, ratifying, republishing and extending Ordinance No. 2000-906, providing for curfew hours for minors in the City of Coppell, Texas, for a period of three (3) years; providing a repealing clause; providing a severability clause; and providing an effective date; and authorizing the Mayor to sign. Resolutions F. Consider approval of a Resolution amending Resolution #010996.3, as heretofore amended, with regard to recreational fees, special event fees, and garbage collection fees, and authorizing the Mayor to sign. Budget Items G. Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No. 2002-1007, the budget for Fiscal Year October 1, 2002 through September 30, 2003, and authorizing the Mayor to sign. END OF CONSENT 13. Presentation by Coppell Historical Society regarding Fire Truck Preservation, city water bill donations and current projects and programs. ag032503 Page 3 of 5 ITEM # ITEM DESCRIPTION 14. Consider approval of an Ordinance amending Section 9-11-3(P) of the Code of Ordinances, to provide for appropriate times for the closing of specified city parks for public use; providing a repealing clause; providing a severability clause; and providing for an effective date; and authorizing the Mayor to sign. 15. Consider appointment of a representative to the Surface Transpor tation Technical Committee (STTC) of the Regional Transpor tation Council. 16. Necessary action resulting from Work Session. A. Appointment of member to the Coppell Economic Development Committee. 17. Necessary Action Resulting from Executive Session. 18. Consider approval of a Resolution expressing official intent to receive reimbursement for costs incurred in connection with the acquisition of approximately 24.9 acres for municipal uses prior to the issuance of the bonds, and authorizing the Mayor to sign. 19. Mayor and Council Repor ts. A. Repor t by Mayor Sheehan regarding Regional Transpor tation Task Fo r c e . B. Repor t by Mayor Sheehan regarding Container Store groundbreaking. 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 _________________, 2003, at __________________. ____________________________________ Libby Ball, City Secretar y ag032503 Page 4 of 5 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. ag032503 Page 5 of 5 KEY TO COUNCIL GOALS ICONS 2002-2003 Economic Development • Ensure Competitiveness in industrial/commercial growth • Emphasize strategically identified properties • Implement Old Town development strategy • Retain excellent commercial/industrial uses • Increase visibility of commercial/industrial development opportunities w/development community Quality Public Facilities & Infrastructure • Maintained with adequate funding • Environmentally sound and appealing landscaping • Anticipate and plan for future needs • User friendly Excellent City Services & High Citizen Satisfaction • Provide timely and accurate information • Rapid Response and resolution • Identify, implement and measure service levels Hometown Feeling • Well-informed citizenry • Participation on boards and commissions, task forces and committees • Foster a family atmosphere • Active citizen involvement as partners • Strong sense of civic pride and identity as Coppell, TX • Encourage inclusiveness Quality Development • Preserve property values • Attract and retain development tenants • Emphasize code enforcement • Maintain community master plan with consideration of impact on city services and infrastructure • Maintain visual appeal Outstanding Leisure & Recreation Amenities & Programs • Maintain quality and safe parks • Inclusive opportunities, activities and facilities • Collaboration w/community groups • Promote and facilitate community events Effective Transportation • Responsive to neighborhood and regional needs and demands • Safe neighborhood streets • Effective traffic movement throughout the community • Evaluate need for regional transportation and determine city's role Safe Community • Safe neighborhoods • Visible and responsive police presence • Public safety education programs • Emphasize and educate for emergency preparedness • Participate in regional security preparation • Provide safe environment for recreation/leisure activities • Partner in school safety DATE: March 25, 2003 ITEM #: ES-2 AGENDA REQUEST FORM EXECUTIVE SESSION A. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Discussion regarding Land Acquisition west of Coppell Road and south of Bethel Road. B. Section 551.076, Texas Government Code - Deliberation regarding Security Devices. 1. Security for Community Infrastructure. CM REVIEW: Agenda Request Form - Revised 10/02 Document Name: %executivesession DATE: March 25, 2003 ITEM #: WS-3 AGENDA REQUEST FORM WORK SESSION A. Discussion regarding appointment of member to the Coppell Economic Development Committee. B. Presentation regarding extension of the Curfew Ordinance. C. Discussion of Agenda Items. CM REVIEW: Agenda Request Form - Revised 10/02 Document Name: %worksession DEPT: Parks and Recreation Department DATE: March 25, 2003 ITEM #: 6 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a Proclamation naming April 5, 2003 as CLEAN COPPELL-EARTHFEST 2003, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: See attached proclamation and flyer for the event. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: ^Earthfest Proclamation PROCLAMATION WHEREAS, The City of Coppell is a proud member of Keep Texas Beautiful and an affiliate of Keep American Beautiful; and WHEREAS, Hundreds of volunteers in Coppell make a difference by picking up litter and remembering to put trash where it belongs; and WHEREAS, Keep Coppell Beautiful Committee assists the City of Coppell in litter prevention, waste reduction, and beautification with volunteer supported programs like: Clean Coppell Earthweek, Adopt-a-Location, Master Composter Certification and Coppell Community Garden; and WHEREAS, Keep Coppell Beautiful has expanded the 9th Annual Don't Mess with Texas Trash-Off Day and the Great American Clean-up to kick off the Clean Coppell Earthfest; and WHEREAS, on April 5 the City of Coppell and Keep Coppell Beautiful will be holding a community wide litter pickup. Individuals and groups will join with Adopt-a-Location volunteers, and the Elementary School Litter Getters to clean the rights-of-way and public spaces of Coppell, then celebrate a clean Coppell with an Earthfest. NOW, THEREFORE, I, Candy Sheehan, Mayor of the City of Coppell, do hereby proclaim April 5, 2003 as "CLEAN COPPELL EARTHFEST" in the City of Coppell, Texas, and encourage our citizens to join in the effort to Keep Coppell Beautiful by putting trash where it belongs everyday. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this _____ day of March 2003. ______________________ Candy Sheehan, Mayor ATTEST: _____________________ Libby Ball, City Secretary DEPT: Jim Witt DATE: March 25, 2003 ITEM #: 7 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a proclamation naming May 3, 2003 as Project Graduation Awareness Day, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: !ProjectGrad. PROCLAMATION WHEREAS, Project Graduation's goal is to provide a safe drug-free, alcohol- free, and smoke-free evening where graduating seniors can experience a positive closure to one of the most important phases of their lives; and WHEREAS, Project Graduation is a nationally recognized event which had its beginning over 40 years ago and similar celebrations are held in many of the local high schools; and WHEREAS, over the past seven years, more than 1600 Coppell High School seniors have been kept safe on graduation night; and WHEREAS, the success of the sixth annual Project Graduation lies in total community participation through the support of the school, the community, local businesses, parent and student volunteers. NOW, THEREFORE, I, Candy Sheehan, Mayor of the City of Coppell, do hereby proclaim May 3, 2003 as: "PROJECT GRADUATION AWARENESS DAY" IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this _____ day of March 2003. ____________________________ Candy Sheehan, Mayor ATTEST: ___________________________ Libby Ball, City Secretary DEPT: Parks and Recreation DATE: March 25, 2003 ITEM #: 8 AGENDA REQUEST FORM ITEM CAPTION: Presentation of certificates of appreciation for Boy Scout Eagle Projects and Community Projects with the city of Coppell Parks and Recreation Department. GOAL(S): EXECUTIVE SUMMARY: Parks and Recreation Department recognizes the outstanding efforts of the following Boy Scouts for planning, leadership, and implementation of Eagle Scout Projects in the City of Coppell. 1. Adam Decker, Troop #8888, Eagle Project: Denton Creek Nature Trail section with bench. 2. Scott Brassfield, Troop #8888, Eagle Project: Denton Creek Nature Trail section with step construction. Parks and Recreation Department recognizes Margaret Ferrel for coordinating a Kid Kountry Workday rounding up a group of volunteers to clean and repair the playground. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: ^Community Service Projects DEPT: City Secretary DATE: March 25, 2003 ITEM #: 9 AGENDA REQUEST FORM ITEM CAPTION: Report by Telecommunications Board. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: %boardreport DATE: March 25, 2003 ITEM #: 10 AGENDA REQUEST FORM CITIZENS' APPEARANCES ORDINANCE NO. 2001-964 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting City Council Meetings," be, and the same is hereby, amended to read as follows: "ARTICLE 1-10 RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS ". . . 1-10-6.2.1 CITIZENS APPEARANCE Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12). Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork DEPT: City Manager DATE: March 25, 2003 ITEM #: 11 AGENDA REQUEST FORM ITEM CAPTION: Recognition of former Fire Chiefs, Volunteers and Firefighters. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: !Firefighters DEPT: City Secretary DATE: March 25, 2003 ITEM #: 12/A AGENDA REQUEST FORM ITEM CAPTION: Consider approval of minutes: March 11, 2003. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: %minutes CM031103 Page 1 of 14 MINUTES OF MARCH 11, 2003 The City Council of the City of Coppell met in Regular Called Session on Tuesday, March 11, 2003, 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 (late arrival) Doug Stover, Mayor Pro Tem Tim Brancheau, Councilmember Jayne Peters, Councilmember Diana Raines, Councilmember Marsha Tunnell, Councilmember Dave Herring, Councilmember (late arrival) Bill York, Councilmember Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager. REGULAR SESSION (Open to the Public) 1. Call to order. Mayor Pro Tem Stover called the meeting to order, determined that a quorum was present and convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Discussion regarding Land Acquisition west of Coppell Road and south of Bethel Road. 2. Discussion regarding potential sale of land that is presently part of Andy Brown East. B. Section 551.076, Texas Government Code - Deliberation regarding Security Devices. 1. Security for Community Infrastructure. Councilmember Herring arrived during Executive Session. CM031103 Page 2 of 14 Mayor Pro Tem Stover convened into Executive Session at 5:40 p.m. as allowed under the above-stated article. Mayor Sheehan adjourned the Executive Session at 6:25 p.m. and opened the Work Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Street Construction Update. B. Senior Citizen Property Tax Bills in State Legislature. C. Discussion of Agenda Items. Councilmember Raines and Tunnell exited the meeting at the start of Work Session. A. Ken Griffin, Director of Engineering and Public Works, updated the Council on street construction projects in the city including Sandy Lake Road, MacArthur Boulevard, Bethel Road, Ruby Road, Royal Lane and Bethel School Road. Also discussed were water, sewer & drainage projects. B. City Manager Jim Witt briefed Council on the item concerning freezing senior citizens' tax bills. Texas Municipal League is not in favor of this bill. If the bill is passed, the city would be impacted by an amount of $10,000 to $15,000 initially. REGULAR SESSION (Open to the Public) Mayor Sheehan arrived and Councilmember Tunnell returned to the meeting. 4. Invocation. Mayor Pro Tem Stover led those present in the Invocation. 5. Pledge of Allegiance. Mayor Sheehan led those present in the Pledge of Allegiance. CM031103 Page 3 of 14 6. Consider a proclamation naming March 20, 2003 as Absolutely Incredible Kid Day, and authorizing the Mayor to sign. Presentation: Mayor Sheehan read the proclamation for the record and presented the same to Joshua Ashenhart, Aubrey Ashenhart, Cathy Howard, Sara Fowler, Julie Svoboda and Becky Walther. Action: Councilmember Herring moved to approve naming March 20, 2003 as Absolutely Incredible Kid Day, and authorizing the Mayor to sign. Councilmember Tunnell seconded the motion; the motion carried 6-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Tunnell, Herring and York voting in favor of the motion. 7. Presentation by Waste Management representative, John Klaiber, addressing the rate changes for commercial and residential solid waste services. John Klaiber, representing Waste Management, addressed the Council and apologized for the poor service over the Christmas holiday and discussed the new rate changes. 8. Citizen's Appearances. There was no one signed up to speak under this item. CONSENT AGENDA 9. Consider approval of the following consent agenda items: A. Consider approval of minutes: February 25, 2003. B. Consider acceptance of resignation of Jay M. Thompson from the Coppell Economic Development Committee. C. Consider approval of awarding Bid #Q 0103-01 for the purchase of a backhoe for the Utility Operations Division CM031103 Page 4 of 14 to Future Equipment in the amount of $67,215.46 as budgeted. D. Consider approval of awarding Bid/Contract #Q1102-01 for the construction of the MacArthur / Samuel Drainage Project to Site Concrete, Inc., in the amount of $132,395, as provided for in IMF Funds; and authorizing the City Manager to sign. Land Use and Development E. Consider approval of an Ordinance for Case No. PD- 186R5, Duke-Freeport, zoning change from PD-186R2 (Planned Development-186R2) to PD-186R5 (Planned Development-186R5) to attach a Detail Site Plan to Tract 1, to allow the construction of an approximate 1,101,500 square-foot building on approximately 55.07 acres of property located at the southeast corner of Freeport Parkway and Ruby Road, and authorizing the Mayor to sign. Councilmember Raines returned to the meeting at the beginning of the Consent Agenda. Action: Councilmember Tunnell moved to approve Consent Agenda items A, B, C, D and E carrying Ordinance No. 91500-A-346. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. 10. PUBLIC HEARING: Consider approval of Case No. S-1207, Potter Concrete, zoning change request from PD-186R5-LI (Planned Development District 186R5-Light Industrial) to PD-186R5-LI-S-1207 ((Planned Development District 186R5-Light Industrial, Special Use Permit-1207), to allow the operation of a temporary concrete batch plant, for a period not to exceed 180 days, on 0.92 of an acre of property located along Freeport Parkway, approximately 325 feet south of the intersection of Ruby Road. CM031103 Page 5 of 14 Presentation: Gary Sieb, Director of Planning and Economic Development, made a presentation to the Council. Public Hearing: Mayor Sheehan opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember York moved to close the Public Hearing and approve Case No. S-1207, Potter Concrete, zoning change request from PD- 186R5-LI (Planned Development District 186R5-Light Industrial) to PD- 186R5-LI-S-1207 ((Planned Development District 186R5-Light Industrial, Special Use Permit-1207), to allow the operation of a temporary concrete batch plant, for a period not to exceed 180 days, on 0.92 of an acre of property located along Freeport Parkway, approximately 325 feet south of the intersection of Ruby Road; subject to the following conditions: 1) The applicant shall be permitted to remain operational on the subject site for a period not to exceed 180 days from date of ordinance adoption, while maintaining the required permits through the Texas Commission on Environmental Quality; 2) The applicant shall provide a copy of all TCEQ issued permits to the City; 3) The applicant shall be permitted to provide concrete service only to the site (Lot 3R, Block A of the Duke-Freeport Addition) on which it is located; and 4) The applicant shall adhere to all conditions stated within their letter dated February 7, 2003 addressed to City staff. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. 11. PUBLIC HEARING: Consider approval of Case No. S-1206, Kolache Depot Bakery, zoning change request from HC (Highway Commercial) to HC-S- 1206 (Highway Commercial, Special Use Permit-1206), to allow CM031103 Page 6 of 14 the operation of a 1,200 square-foot bakery at 680 N. Denton Tap Road, located at the southeast corner of N. Denton Tap Road and S.H. 121. Presentation: Gary Sieb, Director of Planning and Economic Development, made a presentation to the Council. Public Hearing: Mayor Sheehan opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember York moved to close the Public Hearing and approve Case No. S-1206, Kolache Depot Bakery, zoning change request from HC (Highway Commercial) to HC-S-1206 (Highway Commercial, Special Use Permit-1206), to allow the operation of a 1,200 square-foot bakery at 680 N. Denton Tap Road, located at the southeast corner of N. Denton Tap Road and S.H. 121; subject to the following conditions: 1) The property shall be developed in accordance with the site plan, floor plan and revised sign plan; 2) The hours of operation shall not exceed 4 a.m. to 10 p.m. seven days a week; and 3) Receipt of a letter from the owner of the retail center committing that the Logo Style font will be used for the monument sign and all attached signage. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. 12. PUBLIC HEARING: Consider approval of Case No. S-1006R2, Anna’s Mexican Restaurant, zoning change request from C-S-1006A (Commercial-Special Use Permit 1006A) to C-S-1006R2 (Commercial, Special Use Permit-1006-Revision-2), to allow the CM031103 Page 7 of 14 operation of a private club within an existing 2,750 square-foot restaurant located at 150 S. Denton Tap Road, Suite 105. Presentation: Gary Sieb, Director of Planning and Economic Development, made a presentation to the Council. Public Hearing: Mayor Sheehan opened the Public Hearing and advised that no one had signed up to speak on this proposal. Action: Councilmember York moved to close the Public Hearing and approve Case No. S-1006R2, Anna’s Mexican Restaurant, zoning change request from C-S-1006A (Commercial-Special Use Permit 1006A) to C-S-1006R2 (Commercial, Special Use Permit-1006-Revision-2), to allow the operation of a private club within an existing 2,750 square-foot restaurant located at 150 S. Denton Tap Road, Suite 105; subject to the following conditions: 1) The property shall remain in accordance with the existing site plan and floor plan; 2) There shall be no changes to the existing exterior signage; and 3) The hours of operation shall not exceed 10:30 a.m. to 9:00 p.m., Monday through Saturday and 5 to 10 p.m. on Sunday. Councilmember Peters seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. 13. Consider approval of the Gateway Business Park, Lot 1R, Block 2, Site Plan Amendment (Haverty’s Furniture), to allow a 245,277 square-foot addition to an existing 213,675 square- foot warehouse and to increase the parking on 31.402 acres of property located at 770 Gateway Blvd. CM031103 Page 8 of 14 Presentation: Gary Sieb, Director of Planning and Economic Development, made a presentation to the Council. Mark McGraw, representing the engineer on the case, indicated they agreed with all of the conditions. Action: Councilmember York moved to approve Gateway Business Park, Lot 1R, Block 2, Site Plan Amendment (Haverty’s Furniture), to allow a 245,277 square-foot addition to an existing 213,675 square-foot warehouse and to increase the parking on 31.402 acres of property located at 770 Gateway Blvd.; subject to the following conditions: 1) Identify and increase weight of east property line to match remainder of boundary lines; 2) Show six foot chain link fence on landscape plan; and 3) Comply with Section 12-34-9 of the Comprehensive Zoning Ordinance. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. 14. PUBLIC HEARING: Consider approval of the Gateway Business Park, Lots 1R and 3A, Block 2, Replat (Haverty’s Furniture), to allow a 245,277 square-foot addition to an existing 213,675 square-foot warehouse and to increase the parking on 43.259 acres of property located at 770 Gateway Blvd. Presentation: Gary Sieb, Director of Planning and Economic Development, made a presentation to the Council. Public Hearing: Mayor Sheehan opened the Public Hearing and advised that no one had signed up to speak on this proposal. CM031103 Page 9 of 14 Action: Councilmember Peters moved to close the Public Hearing and approve Gateway Business Park, Lots 1R and 3A, Block 2, Replat (Haverty’s Furniture), to allow a 245,277 square-foot addition to an existing 213,675 square-foot warehouse and to increase the parking on 43.259 acres of property located at 770 Gateway Blvd. Councilmember York seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. 15. Consider approval of the Champions School of Real Estate, Lot 1, Block 1, Site Plan, to allow the construction of a 6,293 square-foot office building on 1.3 acres of property located at the southeast corner of N. Denton Tap Road and Natches Trace Drive. Presentation: Gary Sieb, Director of Planning and Economic Development, made a presentation to the Council. David Koslan, Architect, addressed questions of Council. Action: Councilmember York moved to approve: Item 15 Champions School of Real Estate, Lot 1, Block 1, Site Plan, to allow the construction of a 6,293 square-foot office building on 1.3 acres of property located at the southeast corner of N. Denton Tap Road and Natches Trace Drive; and Item 16 Champions School of Real Estate, Lot 1, Block 1, Minor Plat, to allow the construction of a 6,293 square-foot office building on 1.3 acres of property located at the southeast corner of N. Denton Tap Road and Natches Trace Drive; subject to the following condition: 1) If any portion of the public sidewalk is on private property, then an easement needs to be reflected on the plat. CM031103 Page 10 of 14 Councilmember Raines seconded the motion; the motion carried 7-0 with Mayor Pro Tem Stover and Councilmembers Brancheau, Peters, Raines, Tunnell, Herring and York voting in favor of the motion. 16. Consider approval of the Champions School of Real Estate, Lot 1, Block 1, Minor Plat, to allow the construction of a 6,293 square-foot office building on 1.3 acres of property located at the southeast corner of N. Denton Tap Road and Natches Trace Drive. This item was considered under Item 15. See Item 15 for minutes. 17. Consider approval of the First Baptist Church of Coppell, Lot 1, Block A, Site Plan Amendment, to allow a 30,863 square-foot expansion to the existing 32,697 square-foot church facility and to increase the parking by 138 spaces on 5.161 acres of property located at 590 S. Denton Tap Road. Presentation: Gary Sieb, Director of Planning and Economic Development, made a presentation to the Council. Craig Hoenes, spoke on behalf of Applicant, and asked Council to waive the condition. J. W. Bales, Chairman of the Building Task Force for the Applicant, addressed the Council regarding the landscaping issue. Action: Councilmember York moved to approve: Item 17 First Baptist Church of Coppell, Lot 1, Block A, Site Plan Amendment, to allow a 30,863 square-foot expansion to the existing 32,697 square-foot church facility and to increase the parking by 138 spaces on 5.161 acres of property located at 590 S. Denton Tap Road; subject to the following condition: 1) City Council giving consideration to providing densely planted evergreen within the proposed 10-foot landscaped area along the CM031103 Page 11 of 14 east, north and south property lines adjacent to the expanded parking lot in lieu of a solid masonry screening wall. This screening should be further augmented with a three-foot hedge row to effectively screen the car headlights from the residentially-zoned property. and Item 18 First Baptist Church of Coppell, Lot 1, Block A, Minor Plat, to allow a 30,863 square-foot expansion to the existing 32,697 square-foot church facility and to increase the parking by 138 spaces on 5.161 acres of property located at 590 S. Denton Tap Road. Councilmember Brancheau seconded the motion; the motion carried 4-3 with Councilmembers Brancheau, Raines, Tunnell, and York voting in favor of the motion and Mayor Pro Tem Stover and Councilmembers Peters and Herring voting against the motion. 18. Consider approval of the First Baptist Church of Coppell, Lot 1, Block A, Minor Plat, to allow a 30,863 square-foot expansion to the existing 32,697 square-foot church facility and to increase the parking by 138 spaces on 5.161 acres of property located at 590 S. Denton Tap Road. This item was considered under Item 17. See Item 17 for minutes. 19. Necessary action resulting from Work Session. There was no action necessary under this item. 20. City Manager's Report. A. Preview of March 25th Coppell Historical Society Appearance. A. City Manager Jim Witt discussed the March 25th presentation to be made to Council by the Coppell Historical Society. CM031103 Page 12 of 14 21. Mayor and Council Reports. A. Report by Mayor Sheehan regarding City Conservation and Recycling Efforts. B. Report by Mayor Sheehan announcing Town Hall Meeting for Congressman Pete Sessions. C. Report by Mayor Sheehan regarding Product Support Services groundbreaking. D. Report by Mayor Sheehan regarding DFW Real Estate Awards. E. Report by Mayor Pro Tem Stover regarding Coppell Youth Leadership Run/Walk for Cancer. F. Report by Mayor Pro Tem Stover regarding March 30th Allison Hendry Memorial 5K. G. Report by Mayor Pro Tem Stover regarding St. Joseph Village opening. H. Report by Councilmember Peters regarding Coppell High School Lariettes. I. Report by Councilmember Raines regarding Earthweek and Environmental Awareness. J. Report by Councilmember Tunnell regarding National League of Cities. A. Mayor Sheehan indicated how much she had enjoyed her Master Composter Class and complimented Garreth Campbell, Construction Inspector, on his saving the City over $20,000 on the contract for the Ruby Road construction because of his environmental awareness. Mayor Sheehan read a card she had received from Matthew Johnson, a second grader at Denton Creek Elementary School, regarding cleanup and recycling. B. Mayor Sheehan announced a Town Hall meeting for Congressman Pete Sessions to be held April 24, 2003 in the Council Chambers at 7:30 p.m. C. Mayor Sheehan advised she and Andrea Roy, Economic Development Coordinator, had attended the groundbreaking for Product Support Services last week. This company repairs and refurbishes cellular phones. D. Mayor Sheehan announced that the City had received the Dallas/Fort Worth Real Estate award and gave kudos to the council and staff for their all their work. Coppell was awarded the Best Corporate Headquarters relocation for the Container Store, CM031103 Page 13 of 14 runner-up for the Best Deal of the Year for the Container Store and runner-up for Best Industrial Park for Freeport Parkway. E. Mayor Pro Tem Stover reported that on March 1st a 1-mile fun run and a 5-k run was held to benefit the American Cancer Society and expressed his appreciation to anyone who assisted in the runs. The Coppell Youth Leadership group raised a net profit of over $3,500 that will be donated to the American Cancer Society. F. Mayor Pro Tem Stover advised another 1-mile fun run and 5-k run is coming up on March 30, 2003 at 8:00 a.m. at Andrew Brown Park West as a memorial for Allison Hendry who passed away approximately a year ago during childbirth. The proceeds from these races will benefit the Children's Prayer Garden and Monsignor Broderick's Maternity Assistance program. G. Mayor Pro Tem Stover stated he had attended the opening and dedication of St. Joseph Village along with Councilmember Peters and City Manager Jim Witt. H. Councilmember Peters congratulated the Coppell High School Lariettes who were named National Champions in the large drill team division at the Concept of Champions in Orlando, Florida on March 2nd. They placed first in jazz, military and pom and second for their kick routine. She thanked Ken Griffin, Director of Engineering and Public Works, and his daughter for inviting the Lariettes to attend the Council Meeting on April 8th to be honored officially by Council. I. Councilmember Raines reported that Clean Coppell would be held April 5th in the front of Town Center from 9:00 a.m. to 1:00 p.m. and that Council would be serving lunch. Prizes will be awarded. Councilmember Herring challenged that any councilmember that collects more trash for two hours than him and Matthew Johnson, he will donate twenty dollars for every councilmember to the Earthfest group. Mayor Pro Tem Stover indicated he would not be able to attend. J. Councilmember Tunnell advised she had just returned from Washington, D. C. where she had attended National League of Cities. The big issues were Homeland Security funding and TEA-21. There was some conflicting information given out. The economy was a big issue. CM031103 Page 14 of 14 Councilmember Herring announced that he was withdrawing from Place 6 for the next term. He indicated he would serve out his current term. 22. Necessary Action Resulting from Executive Session. There was no action necessary under this item. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Candy Sheehan, Mayor ATTEST: ______________________________________ Libby Ball, City Secretary DEPT: City Manager DATE: March 25, 2003 ITEM #: 12/B AGENDA REQUEST FORM ITEM CAPTION: Consider an Ordinance amending the Code of Ordinances of the city of Coppell, as amended, by repealing Article 9-22 of the Code of Ordinances and reserving the same for future use; and by repealing Ordinance No. 2001-967 providing for Article 9-22 Retail Electrical Providers; providing a repealing clause; providing a severability clause; and providing for an effective date, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: !Electrical PAGE 1 54627 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF COPPELL, AS AMENDED, BY REPEALING ARTICLE 9-22 OF THE CODE OF ORDINANCES AND RESERVING THE SAME FOR FUTURE USE; AND BY REPEALING ORDINANCE NO. 2001-967 PROVIDING FOR ARTICLE 9- 22, RETAIL ELECTRICAL PROVIDERS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on or about September 25, 2001, the City Council adopted Ordinance No. 2001-967 which provided for the addition of Article 9-22, Retail Electrical Providers, to the Coppell Code of Ordinances; and WHEREAS, the City Council and staff has determined that there is no longer a need for the provisions contained in Article 9-22 and Ordinance No. 2001-967; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That Chapter 9, Article 9-22, of the Code of Ordinances of the City of Coppell, Texas, be, and the same is hereby, repealed its entirety; and, said Code is amended by designating “Article 9-22 RESERVED FOR FUTURE USE”. SECTION 2.That Ordinance No. 2001-967 of the City of Coppell is hereby repealed in its entirety. SECTION 3.All provisions of the ordinances of the City of Coppell in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of Coppell not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4.Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not PAGE 2 54627 affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances of the City of Coppell, Texas. SECTION 5. That this ordinance shall take effect immediately from and after its passage and publication, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this ___ day of _______________, 2003. APPROVED: By: CANDY SHEEHAN, MAYOR ATTEST: By: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: By: ROBERT E. HAGER, CITY ATTORNEY (REH/cdb09/07/01) DEPT: Parks and Recreation DATE: March 25, 2003 ITEM #: 12/C AGENDA REQUEST FORM ITEM CAPTION: Consider approval of modifications to the Bylaws of the Parks and Recreation Board regarding the times and location of the scheduled meetings. GOAL(S): EXECUTIVE SUMMARY: Article IV, Section 1, of The current Park Board Bylaws stipulate a scheduled meeting start time of 7:00PM on the first Monday of each month, to be located at Town Center. The Board has requested to change the meeting start time to 6:30 and the location to the Coppell Road Service Center, and would like for the bylaws to reflect this change. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: ^Park Board Bylaws1-AR _______________________________________ Amended Bylaws of Coppell Parks and Recreation Board - Page 1 5/15/2000 AMENDED BYLAWS OF COPPELL PARKS AND RECREATION BOARD ARTICLE I NAME The name of the organization shall be the Coppell Parks and Recreation Board, herein referred to as “the Board”. ARTICLE II INTENT SECTION 1:The Board shall function as an advisory group to the Coppell City Council. ARTICLE III OFFICERS SECTION 1:The Chairperson, Vice-Chairperson shall be elected during the October Board meeting each year for a one (1) year term. In the event of a vacancy in the office of the Chairperson, the Vice-Chairperson shall assume the duties of the Chairperson. In the event of a vacancy in the office of the Vice-Chairperson the Chairperson shall appoint a Board member to temporarily assume the duties of that office until the next regular meeting at which time an election will be held to fill such vacancy. SECTION 2:The Chairperson shall preside at all meetings of the Board. In the absence of the Chairperson, the Vice-Chairperson shall preside. In the absence of both the Chairperson and the Vice-Chairperson, the Board shall elect a Chair-Pro Tem. ARTICLE IV MEETINGS SECTION 1:Regular monthly meetings of the Board will be held on the first (1st) Monday of each month at 6:30 p.m. in the Coppell Road Service Center conference room, unless changed by the Board. The Board shall hold such special meetings as shall be called by the Chairperson or upon written request of at least two (2) members of the Board or at the request of the City Council. SECTION 2:The order of business for each meeting shall be as contained in an agenda prepared by the Parks and Recreation Director or designated representative and the Board Chairperson. Any board member or citizen of Coppell may submit items to the Chairperson or Parks and Recreation Director to be considered for the agenda. _______________________________________ Amended Bylaws of Coppell Parks and Recreation Board - Page 2 5/15/2000 SECTION 3:All meetings require a quorum of members to be present. SECTION 4:Five (5) members of the Board shall constitute a quorum for the purpose of transaction of business, and no action of the Board shall be valid or binding unless adopted by an affirmative vote of four (4) or more members of the Board unless authorized by the laws of the State of Texas. SECTION 5:All meetings of the Board shall be open to the public unless otherwise permitted by law and shall be subject to the Open Meetings Act. SECTION 6:The Board shall submit to the City Council a copy of the minutes of each regular and special meeting with a list of any members absent from such meetings. SECTION 7:If a Board member is absent for three (3) consecutive regularly scheduled meetings, or 25% of the regularly scheduled meetings within a 12 month period, said member shall be removed from the Board, and the City Council will fill the unexpired term. ARTICLE V POWERS AND DUTIES SECTION 1:The Board shall have the following powers and perform the following duties: A. Act in an advisory capacity only to the City Council in matters that pertain to the planning and development of parks and recreational facilities and shall not have any responsibility or authority over the public officials or employees of the City in the implementation of policies or operations of the parks and recreation facilities of the City B. The Board shall receive suggestions and recommendations from citizens relating to park and recreation facilities. C. Solicit for City gifts, revenues, requests for endowments of money or property as donations or grants from persons, subject to the approval and acceptance by the City Council. D. Study and make recommendations to the City Council for the improvement and expansion of the parks and recreation facilities and programs of the City. E. Cooperate with organizations, clubs and groups concerned with recreation in the City. _______________________________________ Amended Bylaws of Coppell Parks and Recreation Board - Page 3 5/15/2000 F. Study and make recommendations to the City Council on long range capital improvement programs for the parks and recreation facilities of the City. G. Follow the rules and regulations prescribed by the City Council for the conduct of its business. H. Review and make recommendations to the City Council regarding the master plan and guide for parks and recreation facilities. I. Adopt rules and regulations for the governing of their actions, proceedings, and deliberations and set the time and place of their meetings, subject to approval by the City Council. J. Maintain a close and coordinated working relationship with the Coppell Sports Council and other groups who are involved in the use or development of Parks and Recreation parks, projects or programs since these organizations have areas of overlapping responsibility. K. Advise the Parks and Recreation Director on problems of development of recreational area facilities, programs and improved recreational services. L. Review the effectiveness of the parks and recreation program with the Parks and Recreation Director. ARTICLE VII AMENDMENT SECTION 1:These bylaws may be amended by majority vote of the members of the Board subject to City Council approval. DEPT: Parks and Recreation DATE: March 25, 2003 ITEM #: 12/D AGENDA REQUEST FORM ITEM CAPTION: Consider approval of modifications to the Bylaws of the Coppell Recreation Development Corporation regarding the dates and times of the scheduled meetings. GOAL(S): EXECUTIVE SUMMARY: The current CRDC Bylaws, Section 3, Meetings of the Directors (d), calls for an Annual Meeting to occur on the second Tuesday of each November. The CRDC/Park Board/Tree Board currently meets on the first Monday of each month. Therefore, the Board has requested to change the date of the annual meeting to the first Monday of November. This modification to the Bylaws will allow that change to occur. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: ^CRDC Bylaws1-AR 1 BYLAWS OF THE CITY OF COPPELL RECREATION DEVELOPMENT CORPORATION ARTICLE I PURPOSE AND POWERS SECTION 1. REGISTERED OFFICE AND REGISTERED AGENT. a. THE COPPELL RECREATION DEVELOPMENT CORPORATION (the "Corporation") shall have and continuously maintain in the State of Texas a registered office and a registered agent, whose office is identical with such registered office, as required by the Texas Non-Profit Corporation Act, and State law. The Registered Agent for the Corporation shall be the City Secretary subject that the Board of Directors (the "Board") from time to time, may change the registered agent and/or the address of the registered office, subject to City Council approval, provided that such change is appropriately reflected in these Bylaws and in the Articles of Incorporation (the "Articles"). b. The registered office of the Corporation is located at 255 Parkway Boulevard, Coppell, Dallas County, Texas 75019, and at such address is the Corporation, whose mailing address is Post Office Box 478, Coppell, Texas 75019. Said address shall also serve as the principal office of the Corporation and Board. SECTION 2. PURPOSE. a. The Corporation is a non-profit corporation for the purposes set forth in the Articles, the same to be accomplished on behalf of the City of Coppell, Texas (the "City") as its duly constituted authority and instrumentality in accordance with the Texas Development Corporation Act (DCA) of 1979, Article 5190.6, Section 4B, Tex. Rev. Civ. Stat., Ann., as amended, (the "Act"), and applicable laws of the City of Coppell. The Corporation shall be a non-profit corporation as defined by the Internal Revenue Code 1986, as amended, and the applicable regulations of the United States Treasury Department and the rulings of the Internal Revenue Service of the United States prescribed and promulgated thereunder. b. As used in these Bylaws, "economic development" shall include all projects permissible by the Act and authorized by the City of Coppell's May 4, 1996 election. 2 The City specifically authorized expenditures of Section 4B sales tax proceeds for the construction and development of four projects: o an all-season aquatic facility, o a community multi-purpose recreation facility, o a new athletic complex, and o the first phase of a hike and bike trail system SECTION 3. POWERS. a. In the fulfillment of its corporate purpose, the Corporation shall be governed by Section 4B of the Development Corporation Act of 1979, as amended. b. The Corporation shall have all of the powers set forth and conferred in its Articles of Incorporation, and in other applicable laws, subject to the limitations prescribed therein and herein and to the provisions thereof and hereof. ARTICLE II BOARD OF DIRECTORS SECTION 1. NUMBER AND TERM OF OFFICE. a. The property and affairs of the Corporation shall be managed and controlled by the Board and, subject to the restrictions imposed by law, by the Articles and these Bylaws, the Board shall exercise all of the powers of the Corporation. b The Board shall consist of seven (7) Directors, each of whom shall be appointed by the City Council. Each of the Directors shall be a resident of the City. c. Each Director of the Board shall serve a term of two (2) years. d. Each successive member of the Board shall be appointed and serve for two (2) years, or until a successor is appointed, as hereinafter provided. e. Any Director may be removed from office by the City Council, at will. 3 SECTION 2. VACANCIES AND RESIGNATIONS. a. A vacancy in any position of Director which occurs by reason of death, resignation, disqualification, removal, or otherwise, shall be appointed as prescribed in Article III, Sec. 1. b. A vacancy in the office of President and Vice President which occurs by reason of death, resignation, disqualification, removal, or otherwise, shall be appointed by the Board, with approval by the City Council, for the unexpired portion of the term of that office. c. Any Director may resign at any time. Such resignation shall be made in writing, addressed to the Board and the City Manager, and shall take effect at the time specified therein, or if no time is specified, at the time of its receipt by the Board. SECTION 3. MEETINGS OF DIRECTORS. a, All meetings and deliberations of the Board, or committees, shall be called , convened, held, and conducted. Notice thereof shall be given to the public, in accordance with the Texas Open Meetings Act, Chapter 551 of the Texas Local Government Code, as amended. All meetings shall be conducted in accordance with the Texas Open Meetings Act. b. Any member of the Board, or the City Manager, may have an item placed on the agenda by delivering the same in writing to the Secretary of the Board, no less than seven (7) calendar days prior to the date of the Board meeting. Each agenda of a Board meeting shall contain an item, titled "Citizens Forum" to allow public comment to be made by the general public concerning Board related matters. c.Special meetings of the Board shall be held whenever called by the President, by the Secretary, by a majority of the Directors or by a majority of the City Council. The Secretary shall provide at least one (1) day prior notice to each Director of each special meeting, in person, or by mail, telephone, or fax, d. The Annual meeting of the Board shall be on the 1st Monday in November of each year or an alternate date as determined by the Directors. The Board shall hold regular and special meetings, in the corporate limits of the City, at such place or places as the Board may from time to time determine. SECTION 4. QUORUM. a. A quorum is a majority of the entire membership of the Board (being not less than four 4 (4) members). b. A quorum shall be present for the conduct of the official business of the Corporation. c. The Act of four (4) or more Directors, at a meeting at which a quorum is in attendance, shall constitute the act of the Board and of the Corporation, unless the act of a greater number is required by policies or procedures of the Board, City Council resolution or ordinance, or state law. SECTION 5. CONDUCT OF BUSINESS. a. At the meetings of the Board, matters pertaining to the business of the Corporation shall be considered in accordance with the rules of procedure as from time to time prescribed by the Board. Unless otherwise adopted by the Board, the rules of procedures of the City Council shall be the rules of the procedures for the Board. b. At all meetings of the Board, the President shall preside, and in the absence of the President, the Vice-President shall exercise the powers of the President. c. The Secretary of the Corporation shall act as Secretary of all meetings of the Corporation. In the absence of the Secretary, the presiding officer may appoint any person to act as secretary of the meeting. d. The Secretary shall keep minutes of the transactions and meetings of the Board and its committee's meetings; and shall cause such official minutes to be recorded in books kept for that purpose in the principal office of the Corporation. SECTION 6. COMMITTEES OF THE BOARD. a. An official committee of the Board shall consist of two (2) or more Directors. b. It is provided, however, that all final, official actions of the Corporation may be exercised only by the Board. c. Each committee so designated shall keep regular minutes of the transactions of its meetings and shall cause such minutes to be recorded in books kept for that purpose in the principal office of the Corporation. SECTION 7. COMPENSATION OF DIRECTORS. 5 a. Directors shall not receive any salary or compensation for their services. b. Directors shall be reimbursed for their actual expenses incurred in the performance of their duties hereunder, including, but not limited to, the cost of travel, lodging and incidental expenses reasonably related to the Corporate duties of the Board. c. Travel expenses incurred by Directors for both regular and special meetings are not eligible for reimbursement. ARTICLE III OFFICERS SECTION 1. TITLES AND TERM OF OFFICE. a. The Board shall appoint a President and Vice President from its membership. They shall be approved by City Council and shall serve a term of one (1) year. b. The terms of the initial President and Vice President shall be determined by the City Council. c. The President and Vice President shall continue to serve until their successors are appointed. d. All officers shall be subject to removal from office, at any time, by a majority vote of the entire membership of the Board. e. A vacancy in the office of any officer shall be filled by a majority vote of the entire membership of the Board. SECTION 2. THE PRESIDENT. a. The President shall be the Chief Executive Officer of the Corporation, and shall, subject to the authority of the Board and paramount authority and approval of the City Council, preside at all meetings of the Board, and shall sign and execute all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, and notes, and other instruments in the name of the Corporation. b. In addition, the President shall: 1) call both regular and special meetings of the Board and establish the agenda for such; 6 2) have the right to vote on all matters coming before the Board; 3) have the authority to appoint standing or study committees to aid and assist the Board in its business undertaking or other matters incidental to the operation and functions of the Board; 4) perform all duties incident to the office, and such other duties as shall be prescribed from time to time by the Board, subject to approval by the City Council; 5) appear before the City Council on a periodic basis to give a report on the status of activities of the Corporation, and; 6) at the direction of the City Council, appear or be represented by his designee, regarding any item being considered by the City Council concerning the Corporation. SECTION 3. VICE PRESIDENT. a. The Vice President shall exercise the powers of the President during that officer's absence or inability to act. b. The Vice President shall also perform other duties as from time to time may be required by the President or the Board. SECTION 4. SECRETARY. a. The Secretary shall keep the minutes of all meetings of the Board, and committees, in books provided for that purpose. b. The Secretary shall give and serve all notices, shall sign with the President in the name of the Corporation, and/or attest the signature thereto, all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, notes and other instruments of the Corporation. c. The Secretary shall have charge of the corporate books, records, documents and instruments except the books of account and financial records and securities, and such other books and papers as the Board may direct, all of which shall at all reasonable times be open to public inspection upon application at the office of the Corporation during business hours. 7 d. The Secretary shall, in general, perform all duties incident to the office of Secretary, subject to the control of the Board. e. The Secretary shall endorse and countersign, on behalf of the Corporation, for collection or issuance, checks, notes and other obligations in or drawn upon such bank or banks or depositories as shall be designated by the City Council consistent with these Bylaws. SECTION 5. TREASURER a. The Finance Director of the City shall be the Treasurer. b. The Treasurer shall have the responsibility for the handling, custody, and security of all funds and securities of the Corporation. c. When necessary or proper, the Treasurer shall endorse and sign, on behalf of the Corporation, for collection or issuance, checks, notes and other obligations drawn upon such bank or banks or depositories as shall be designated by the City Council consistent with these Bylaws. d. The Treasurer shall see to the entry in the books of the Corporation of full and accurate accounts of all monies received and paid out on account of the Corporation. e. The Treasurer shall, at the expense of the Corporation, give such bond for the faithful discharge of the duties in such format and amount as the City Council shall require, by resolution. f. The Treasurer shall submit a monthly report to the Board, in sufficient detail, of all checks or drafts issued on behalf of the Corporation for the previous month. g. The Treasurer shall provide a monthly financial report to the City Council concerning activities of the Corporation in a format consistent with other financial reports of the City. SECTION 6. EX-OFFICIO MEMBERS. The City Manager shall appoint two Ex-Officio members from the City staff as he deems appropriate. These representatives shall have the right to take part in any discussion or open meetings, but shall not have the power to vote. ARTICLE IV 8 CORPORATE DUTIES SECTION 1. PROJECT DEVELOPMENT PLAN. a. It shall be the duty and obligation of the Board, in coordination with the necessary contracting parties, to research, develop, prepare, finance, and implement a Project Development Plan (PDP). b. In carrying out its obligations under subsection (a), the Corporation shall be authorized to exercise all rights and powers thereof, and with the objective and for the purpose of construction and development of: o an all-season aquatic facility, o a community multi-purpose recreation facility, o a new athletic complex, and o the first phase of a hike and bike trail system c. The Board shall periodically submit reports to the City Council as to the status of its activities in carrying out its obligations under this Section. d. Any and all agreements between the Corporation and other parties shall be authorized, executed, approved, and delivered in accordance with applicable law, and shall be subject to approval by the City Council. SECTION 2. ATTENDANCE. a. Directors must be present in order to vote at any meeting. Regular attendance at the Board meetings is required of all Directors. The following number of absences shall be grounds for removal of a Director: 1) Three (3) consecutive meetings of the Board. SECTION 3. CONFLICT OF INTEREST. a. In the event that a Director is aware of a conflict of interest or potential conflict of interest, with regard to any particular matter of vote coming before the Board, the Director shall bring the same to the attention of the Board and shall abstain from discussion and voting thereof, in accordance with Chapter 171, Texas Local Government Code, as amended. b. Any Director shall bring to the attention of the Board any apparent conflict of interest or 9 potential conflict of interest of any other Director, in which case the Board shall determine whether a true conflict of interest exists before any further discussion or vote shall be conducted regarding that particular matter. c. The Director about whom a conflict of interest question has been raised shall refrain from voting with regard to the determination as to whether a true conflict exists. d. Failure to conform to these requirements herein and policies as may be adopted by the Board is grounds for removal from the Board by the City Council. SECTION 4. IMPLIED DUTIES a. The Corporation is authorized to do that which the Board deems desirable to accomplish any of the purposes or duties set out or alluded to in the Articles, these Bylaws, and in accordance with State law. b. All actions of the Corporation are subject to City Council approval. SECTION 5. BOARD'S RELATIONSHIP WITH THE CITY. a. In accordance with Texas state law, the City Council shall require that the Board be responsible to it for the proper discharge of its duties assigned herein. b. The Board shall determine its policies and directives within the limitations of the duties herein imposed by applicable laws, the Articles, these Bylaws, contracts entered into with the City, and budget and fiduciary responsibilities. Such policies and directives are subject to approval by the City Council. c. Any request for services made to the departments of the City shall be made by the Board or its designee, in writing, to the City Manager. d. The City Manager may approve such request for assistance from the Board when the City Manager finds such requested services are available within the City and that the Board has agreed to reimburse the City for the cost of such services so provided. SECTION 6. CONTRACTS FOR SERVICE. a. The Corporation may, with approval of the City Council, contract with any qualified and appropriate person, association, corporation or governmental entity to perform and discharge designated tasks which will aid or assist the Board in the performance of its duties. b. No such contract shall ever be approved or entered into which seeks or attempts to divest 10 the Board of its discretion and policy-making functions in discharging the duties herein set forth. c. An administrative services contract shall be executed between the Board and the City Council for the services provided by the City Manager or City staff, the City Attorney, City Bond Counsel, and other City services/functions and compensated as provided for herein. d. Subject to the authority of the City Manager, the Corporation shall have the right to utilize the services of City Secretary and other employees of the City, provided: 1) that the City Manager approves of the utilization of such services, 2) that the Corporation shall pay, as approved by the City Manager, reasonable compensation to the City of such services, and 3) the performance of such services does not materially interfere with the other duties of such personnel of the City. SECTION 7 PARTICIPATION IN BOARD MEETINGS. a. The City Manager (or the City Manager's designee), shall have the right to take part in any discussion of the Board, or committees thereof, including attendance of executive sessions. b. The City Manager (or the City Manager's designee), shall not have the power to vote in any meetings attended. SECTION 8. DUTIES OF THE BOARD. a. The Board shall develop a Project Development Plan (the PDP) whose measurable goals and objectives shall include and set forth short and long-term strategies to promote and develop the projects authorized by the Articles of Incorporation, in accordance with Section 4B of the Act. b. These goals and objectives shall be approved by the City Council. c. The Board shall research, develop, prepare, and submit the PDP to the City Council, for its approval, at least ninety (90) days prior to July first of each year. d. The PDP shall include proposed methods and the expected costs of implementation for the authorized economic development projects. e. The Board shall make an Annual Report to the City Council concerning the PDP. 11 f. The Annual Report shall include, but not be limited to the following: 1) a review of the accomplishment/activities of the Corporation with any proposed changes in these activities; and 2) the policies, strategies, procedures, and directives followed by the Corporation together with any new or proposed changes in these policies and strategies. g. The Annual Report of the PDP shall be made to the City Council, no later than the second (2nd) regularly scheduled City Council meeting for the month of March of each year. SECTION 9. ANNUAL CORPORATE BUDGET. a. At least ninety (90) days prior to October 1st, the Board shall prepare and adopt a proposed budget of expected revenues and proposed expenditures for the next ensuing fiscal year. b. The fiscal year of the Corporation shall commence on October 1st of each year and end on September 30. c. The budget shall be in such form as may be prescribed from time to time by the City Council. d. The budget proposed for adoption shall include the projected operating expenses, and such other budgetary information as shall be required by the City Council for its approval and adoption. e. The budget shall be considered adopted upon formal approval by the City Council. SECTION 10. FINANCIAL BOOKS, RECORDS, AUDITS. a. The Finance Director of the City shall keep and properly maintain, in accordance with generally accepted accounting principles, complete financial books, records, accounts, and financial statements pertaining to its corporate funds, activities, and affairs. b. The City shall cause the Corporation's financial books, records, accounts, and financial statements to be audited at least once each fiscal year by an outside, independent, auditing and accounting firm selected by the City Council. c. Such audit shall be at the expense of the Corporation. SECTION 11. DEBT, DEPOSIT AND INVESTMENT OF 12 CORPORATE FUNDS a. All proceeds from the issuance of bonds, notes, or other debt instruments (the "Obligations") issued by the Corporation shall be deposited and invested, as provided in the resolution, order, indenture, or other documents, authorizing or relating to their execution or issuance, and handled in accordance with the statute governing this Corporation. b. No Obligations shall be issued by the Corporation, including refunding bonds, without the prior approval of the City Council, after review and comment by the City's Bond Counsel and financial advisor. c. All monies of the Corporation shall be deposited, secured, and/or invested in the manner provided for the deposit, security, and/or investment of the public funds of the City, as authorized by the City Investment Policy. d. The Finance Director shall designate the accounts and depositories to be created and designated for such purposes, and the methods of withdrawal of funds therefrom for use by and for the purposes of the Corporation upon the signature of the Finance Director and the Secretary. e. The accounts, reconciliation, and investment of such funds and accounts shall be performed by the Department of Finance of the City. SECTION 12. EXPENDITURES OF CORPORATE MONEY. a. The monies of the Corporation, including sales and use taxes collected pursuant to Section 4B of the Act, the proceeds from the investment of funds of the Corporation, the proceeds from the sale of property, monies derived from the repayment of loans, rents received from the lease or use of property, the proceeds derived from the sale of bonds, and other proceeds may be expended by the Corporation for any of the projects authorized by the Articles of Incorporation, consistent with the Act, subject to the following limitations: 1) Expenditures from the proceeds of bonds shall be identified and described in the orders, resolutions, or other agreements submitted to and approved by the City Council prior to the sale and delivery of the bonds to the purchasers thereof. 2) Expenditures that may be made from a fund created from the proceeds of bonds, and expenditures of monies derived from sources other than the proceeds of bonds may be used for the purposes of financing or otherwise providing one or more projects, as defined in the Act. The specific expenditures shall be described in a resolution or order of the Board and shall be made only after the approval thereof by the City Council. 13 3) All other proposed expenditures shall be made in accordance with and shall be set forth in the annual budget required by these Bylaws or in contracts meeting the requirements of the Articles. b. No bonds, including refunding bonds, shall be authorized or sold and delivered by the Corporation unless the City Council shall approve such bonds, by action taken prior to the date of sale of the Obligations and witnessed by a resolution, as adopted by the City Council. SECTION 13. CONTRACTS. a. As provided herein, the President and Secretary shall enter into any contracts or other instruments which the Board has approved and authorized in the name and on behalf of the Corporation. Such authority may be confined to specific instances or defined in general terms. b. When appropriate, the Board may grant a specific or general power of attorney to carry out some action on behalf of the Board, provided, however that no such power of attorney may be granted unless an appropriate resolution of the Board authorizes the same to be done. c. All contracts or other instruments, as described herein, approved and authorized by the Board shall be approved by the City Council. ARTICLE V MISCELLANEOUS PROVISIONS SECTION 1. PRINCIPAL OFFICE. a. The principal office and the registered office of the Corporation shall be the registered office of the Corporation specified in the Articles of Incorporation. b. The Corporation shall have and shall continually designate a registered agent at its registered office, as required by the Act. SECTION 2. FISCAL YEAR. a. The fiscal year of the Corporation shall be the same as the fiscal year of the City. SECTION 3. SEAL. 14 a. The Board shall obtain a corporate seal which shall bear the words "Corporate Seal of Coppell Recreation Development Corporation". b. The Board may thereafter use the corporate seal and corporate name; but these Bylaws shall not be construed to require the use of the corporate seal. SECTION 4. APPROVAL OR ADVICE AND CONSENT OF THE CITY COUNCIL. a. To the extent that these Bylaws refer to any action, approval, advice, or consent by the City or refer to action, approval, advice or consent by the City Council, such action, approval, advice or consent shall be approved by a Resolution, duly adopted by the City Council. b. Amendments to these Bylaws shall be approved by a Resolution, duly adopted by the City Council. SECTION 5. INDEMNIFICATION OF DIRECTORS, OFFICERS AND EMPLOYEES. a. As provided in the Act and in the Articles of Incorporation, the Corporation is, for the purposes of the Texas Tort Claims Act (Subchapter A, Chapter 101, Texas Civil Practices and Remedies Code), a governmental unit and its actions are governmental functions. b. The Corporation shall indemnify each and every member of the Board, its officers, and its employees, and each member of the City Council and each employee of the City, to the fullest extent permitted by law against any and all liability or expense, including attorney's fees, incurred by any such persons by reason of any actions or omissions that may arise out of the functions and activities of the Corporation. c. The Corporation may purchase and maintain insurance on behalf of any Director, officer, employee, or agent of the Corporation, or on behalf of any person serving at the request of the Corporation as a Board member, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against any liability asserted against that person and incurred by that person in any such capacity or arising out of any such status with regard to the Corporation, whether or not the Corporation has the power to indemnify that person against liability for any of those acts. SECTION 6. GIFTS. 15 The Board may accept on behalf of the Corporation any contribution, gift, bequest, or device for the general purpose or for any special purposes of the Corporation. SECTION 7. CODE OF CONDUCT. Each Director, including the President and Vice President, its officers, employees, and agents shall abide by and be subject to the City Code of Conduct. SECTION 8. AMENDMENTS TO BYLAWS. a. These Bylaws may be amended or repealed and new Bylaws may be adopted by an affirmative vote of four (4) of the Board Directors, subject to approval by the City Council. b. The City Council may amend these Bylaws at any time. Such amendments by the City Council will be duly noted to the Board. SECTION 9. DISSOLUTION OF THE CORPORATION. Upon dissolution of the corporation, titles to or other interest in any real or personal property owned by the Corporation at such time shall vest in the City of Coppell. SECTION 10. APPLICABILITY OF CITY CHARTER, POLICIES AND PROCEDURES. a. The City Charter and all duly approved City policies and procedures shall apply directly to the Corporation and the Board unless such charters, policies or procedures are superseded by state law or not related to the function of the Board. b. The Board has the prerogative, subject to approval by the City Council, to adopt other policies and procedures, in addition to, or in place of, those of the City. SECTION 11. EFFECTIVE DATE. These Bylaws shall become effective upon the approval of such by the Board and by the City Council, upon adoption of a Resolution. DEPT: Police DATE: March 25, 2003 ITEM #: 12/E AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an ordinance of the City of Coppell, Texas, readopting, ratifying, republishing and extending Ordinance No. 2000-906, providing for curfew hours for minors in the City of Coppell, Texas, for a period of three (3) years; providing a repealing clause; providing a severability clause; and providing an effective date; and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: In March of 2000 the City Council passed and adopted Ordinance No. 2000-906, which provides for “Curfew Hours for Minors” establishing such curfew hours and penalties for violations thereof. Chapter 370.002 of the Texas Local Government Code provides that the City Council shall review the Article and conditions the ordinance was intended to remedy three (3) years from its date of passage and every third year thereafter. The City of Coppell Police Department desires to continue Ordinance No. 2000-906 without any modifications, and schedule the same for review in March of 2006. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: )curfew ord 1 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, READOPTING, RATIFYING, REPUBLISHING AND EXTENDING ORDINANCE NO. 2000-906, PROVIDING FOR CURFEW HOURS FOR MINORS IN THE CITY OF COPPELL, TEXAS, FOR A PERIOD OF THREE (3) YEARS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on or about the 14th day of March, 2000, the City Council passed and adopted Ordinance No. 2000-906, which provides for "Curfew Hours for Minors" establishing such curfew hours and penalties for violations thereof; and, WHEREAS, Chapter 370.002 of the TEXAS LOCAL GOVERNMENT CODE, as amended, provides that the City Council shall review the Article and conditions the ordinance was intended to remedy three (3) years from its date of passage and every third year thereafter and conduct public hearings to determine the need to continue, modify or abolish the ordinance; and WHEREAS, prior to the expiration of such three year period, the Police Department has furnished records and reports indicating the need for Ordinance No. 2000-906 to remain in effect; and WHEREAS, the City desires to continue Ordinance No. 2000-906, without any modifications, and schedule the same for review in March of 2006; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That Ordinance No. 2000-906 is hereby readopted, ratified, republished and extended from the date of its execution and shall remain in effect through March 14, 2006, unless otherwise terminated the provisions of State law. SECTION 2.That all provisions of the Code of Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. 2 SECTION 3. That should any word, phrase, paragraph, section or phrase of this ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4.That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2003. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 3/17/03) (54568) DEPT: Finance DATE: March 25,2003 ITEM #: 12/F AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a Resolution amending Resolution #010996.3, as heretofore amended, with regard to recreational fees, special event fees, and garbage collection fees, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: This is the semi-annual update of the fees charged by the City for services provided. Recreational fees for pavilion and facility rentals are being raised to reflect actual costs. A fee to have a dedicated Maintenance worker for special events is being added. As per the presentation by Waste Management on March 11, 2003, the solid waste and recycling rates are being amended. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: $Fee Amend-1AR PAGE 1 54763 A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, AMENDING RESOLUTION NO. 0109963, THE MASTER FEE SCHEDULE, AS AMENDED, BY AMENDING THE RECREATIONAL FEES, IN PART, BY AMENDING THE FEES FOR SUBSECTION (2) FIELD RENTALS; BY AMENDING SUBSECTION (3) BY PROVIDING FEES FOR ADDITIONAL TOURNAMENTS AND CLINICS; BY AMENDING SUBSECTION (4) BY PROVIDING NEW FEES FOR PAVILION RENTALS AND DELETING THE PROVISION FOR LOCAL NONPROFIT AGENCIES AND GROUPS; BY AMENDING SUBSECTION (5)(a) TO DELETE REFERENCE TO LEISURE SERVICES AND REPLACE WITH PARK AND RECREATION; BY AMENDING SUBSECTION (5)(b), IN PART, BY DELETING YOUTH REGISTRATION AND PROVIDING FOR ANNUAL GYM PASS, AND BY PROVIDING FEES FOR RESIDENT SENIOR INDIVIDUAL AND FAMILY CHARTER MEMBERSHIPS; BY AMENDING SUBSECTION (6) , SPECIAL EVENT FEES, TO PROVIDE FOR A DEDICATED MAINTENANCE WORKER; AND, BY REPEALING GARBAGE COLLECTION FEES IN THEIR ENTIRETY AND REPLACING WITH NEW FEES FOR GARBAGE COLLECTION; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell, Texas, previously adopted Resolution No. 010996.3 to provide for general and special fees and charges to be assessed and collected by the City, as authorized by the Code of Ordinances and other applicable codes, ordinances, resolutions, and laws; and WHEREAS, the City Council of the City of Coppell desires to amend certain fees as set forth therein and delete others as authorized by law; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That the Master Fee Schedule section entitled “Recreational Fees” be amended, in part, to read as follows: "Recreational Fees 1). . . . . 2) Field Rental – Unlit $ 25.00 per hour Field Rental – Lit $ 50.00 per hour 3) Clinics or Tournaments . . . . . PAGE 2 54763 Any other clinic or tournament shall be a fee of twenty percent (20%) gross receipts. 4) Pavilion Rental a. Andrew Brown East $50 / 4 hours + $10 for each additional hour b. Andrew Brown West $50 / 4 hours + $10 for each additional hour c. Wagon Wheel – Baseball $50 / 4 hours + $10 for each additional hour d. Wagon Wheel – Soccer . . . . . e. The Falls at Wagon Wheel $200 / 4 hours + $55 for each additional hour (includes attendant) f. The Falls at Wagon Wheel Meeting Rm.. . . . . g. Damage Deposit . . . . . 5) a. Parks & Recreation Department Programs: . . . . . b. Aquatic / Recreation Center: . . . . . Resident Non-Resident . . . . . Annual Gym Pass (ages 0-17) $10.00 N/A Charter Memberships . . . . . Senior Individual $135.00 per year Senior Family $270.00 per year . . . . . c. . . . . . 6) Special Event Fees: . . . . . Dedicated Maintenance Worker Current Overtime Rate (2/hrs minimum)" SECTION 2.That the Master Fee Schedule section entitled “Garbage Collection Fees” be repealed in its entirety and replaced with new fees for garbage collection, which shall read as follows: PAGE 3 54763 “SOLID WASTE AND RECYCLING RATE SCHEDULE Residential Rate Schedule Residential Rate, twice weekly trash, once weekly recycling $ 11.46 Senior Citizen Rate, twice weekly trash, once weekly recycling $ 10.32 Commercial Rate Schedule Container FREQUENCY PER WEEK Size123 456EXTRA 3 $ 74.99 $124.82 $165.63 $210.51 $257.37 $304.81 $ 24.85 4 $ 92.04 $179.29 $245.81 $317.26 $384.34 $461.24 $ 33.74 6 $111.90 $191.41 $275.78 $357.70 $431.05 $508.90 $ 35.89 8 $141.77 $241.78 $340.77 $432.41 $530.00 $627.84 $ 48.20 Redelivery for Non-Payment $ 37.63 Commercial Hand Pick-Up $ 21.06 Compact Roll-Off, Waste Management Billed Delivery Fee $ 70.18 Rental Per Month $341.39 Charge Per Pull 30 Yard 34 Yard 42 Yard $291.62 $305.49 $341.39 Temporary Roll-Off Pricing 20 Yard 30 Yard 40 Yard Special Waste Haul Monthly Rental $ 135.70 $ 135.70 $ 135.70 $ 135.70 Delivery Fee (each) $ 50.46 $ 50.46 $ 50.46 $ 50.46 Cost per pull $ 201.42 $ 230.69 $ 292.69 $ 171.41 Liner (Special Waste)$ 42.28 $ 42.28 $ 42.28 $ 42.28 Disposal Cost included included included dependent on type of waste” PAGE 4 54763 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. 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 ___________________, 2003. APPROVED: _________________________________________ CANDY SHEEHAN, MAYOR ATTEST: _________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 3/17/03) DEPT: Finance DATE: March 25, 2003 ITEM #: 12/G AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No. 2002-1007, the budget for Fiscal Year October 1, 2002 through September 30, 2003, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: This amendment is being brought forward primarily due to encumbrance carryovers from year end. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: $budamnd.doc MEMORANDUM Date:March 25, 2003 To:Mayor and Council From:Jennifer Armstrong, Director of Finance Via:Clay Phillips, Deputy City Manager Subject:Budget Amendment - Fiscal Year 2002-03 This budget amendment is being brought forward to amend for items that were carried over (encumbrance carry-overs) from the previous fiscal year, and for items that are associated with the Special Revenue Funds. General Fund The General Fund Revenues are not being amended at this time. Expenditures for the General Fund are increasing ($804,557). This entire amount is for encumbrance carryovers. Water/Sewer Fund Water/Sewer Fund expenses are being increased by $5,950 for encumbrance carry-overs. Utility Operations $5,950 Encumbrance carry-over. Police Special Revenue Fund Revenues are being amended to reflect grant funds that have been received. The expenditures are from the purchase of a vehicle for the new lieutenant and some body armor. Debt Service Fund Revenues are being amended to reflect delinquent and rollback tax collections that have exceeded the budget. Infrastructure Maintenance Fund The expenditures are being amended to reflect encumbrance carryovers. 2 Donations – Special Revenue Revenues and expenditures are being amended to reflect the receipt of grant funds and the corresponding expenditure in the Library. Expenditures are also being increased for economic development expenses. CRDC Special Revenue The revenues are being amended for interest earnings. Expenditures are being amended to reflect encumbrance carry-overs and for the CRDC portion of the tennis center construction. Municipal Court Technology Fund The expenditures are being amended to reflect the purchase of computer equipment for the Court. BUDAMND.ORD AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY FOR THE FISCAL YEAR OCTOBER 1, 2002 THROUGH SEPTEMBER 30, 2003; PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR SHALL BE MADE IN ACCORDANCE WITH SAID BUDGET; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Budget Officer of the City of Coppell, Texas, did on the 5th day of August, 2002, file with the City Secretary, a proposed general budget for the City covering the fiscal year aforesaid, and WHEREAS, the City Council of the City of Coppell approved said budget on the 10th day of September, 2002, and WHEREAS, the governing body of the City has this date considered an amendment to said budget; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Section No. 2 of Ordinance No. 2002-1007, for the 2002-03 Fiscal Year Budget, is hereby amended as follows: General Fund Current Budget Amending Budget Change Expenditures Community Information $146,343 $146,921 $578 Engineering 817,431 817,795 364 Facilities Management 783,229 898,170 114,941 Streets 627,054 733,495 106,441 Fleet Maintenance 625,581 640,476 14,895 Traffic Control 761,736 896,391 134,655 Fire 5,330,910 5,359,647 28,737 Emergency Management 90,350 101,522 11,172 Building Inspections 389,050 389,250 200 Environmental Health 383,431 383,494 63 BUDAMND.ORD Tax 187,485 188,114 629 Human Resources 830,919 832,806 1,887 Information Systems 1,210,741 1,444,317 233,576 Municipal Court 772,649 774,230 1,581 Library 1,550,237 1,597,324 47,087 Police 5,946,330 6,000,461 54,131 Park & Rec. Admin. 2,015,052 2,019,694 4,642 Parks 535,669 580,501 44,832 Right of Way 33,166 34,600 1,434 Recreation 1,408,265 1,410,977 2,712 Total Expenditure Increase $804,557 Less Designated for Encumbrances (792,135) Net Decrease in Projected Undesignated Fund Balance $ 12,422 Water/Sewer Fund Current Budget Amending Budget Change Expenses Utility Operations $1,652,732 $1,658,682 $5,950 Net Decrease in Projected Retained Earnings $5,950 Police Spec. Rev. Fund Current Budget Amending Budget Change Revenues $10,000 $11,336 $ 1,336 Expenditures 15,000 39,285 24,285 Net Decrease in Projected Fund Balance $22,949 Debt Service Fund Current Budget Amending Budget Change Revenues $7,757,351 $7,791,245 $33,894 Net Increase in Projected Fund Balance $33,894 Infrastructure Maint. Fund Current Budget Amending Budget Change Expenditures $685,000 $1,523,800 $838,800 Net Decrease in Projected Fund Balance $838,800 Donations-Special Revenue Current Budget Amending Budget Change Revenues $25,000 $51,213 $26,213 Expenditures 20,450 92,820 72,370 Net Decrease in Projected Fund Balance $46,157 BUDAMND.ORD C.R.D.C. Spec. Revenue Current Budget Amending Budget Change Revenues $964,785 $979,785 $ 15,000 Expenditures 108,727 864,630 755,903 Net Decrease in Projected Fund Balance $740,903 Municipal Ct. Tech. Fund Current Budget Amending Budget Change Expenditures $ 0 $ 2,500 $ 2,500 Net Decrease in Projected Fund Balance $ 2,500 SECTION 2. EFFECTIVE DATE. That this ordinance shall become effective immediately from and after its passage as the law and charter in such cases provide. DULY PASSED and adopted by the City Council of the City of Coppell, Texas, on the _____ day of March, 2003. APPROVED: ___________________________ CANDY SHEEHAN, MAYOR ATTEST: ____________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _____________________________________ ROBERT E. HAGER, CITY ATTORNEY DEPT: City Manager DATE: March 25, 2003 ITEM #: 13 AGENDA REQUEST FORM ITEM CAPTION: Presentation by Coppell Historical Society regarding Fire Truck Preservation, city water bill donations and current projects and programs. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: !FireTruck DEPT: Parks and Recreation DATE: March 25, 2003 ITEM #: 14 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance amending Section 9-11-3 of the Code of Ordinances, to provide for appropriate times for the closing of specified city parks for public use; providing a repealing clause; providing a severability clause; and providing for an effective date; and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: The Parks and Recreation Board has requested that the City Council consider altering the language of Section 9- 11-3 (P) of the Code of Ordinances to allow the park facilities that are scheduled under a License and Use Agreement with the city, to remain open until 11:00pm. Although there will be limited occasion when the Sports Associations may require lights to remain on until this hour, the Adult Softball games do sometimes extend past 10:30. Also, the Tennis Center will be opening soon and will occasionally have a league or rental that will request use of courts until 11:00pm. The facility users are, and will continue to be, encouraged to turn off lights after the final scheduled activities in the parks at the end of the day. Most of the Sports Associations are good about doing this. Other issues resolved with this modification of the ordinance would change the Parks and Leisure Services Department to the Parks and Recreation Department, and eliminate mention of a superintendent of parks, as this position no longer exists. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: ^9-11-3 Ord Mod1-AR Sec. 9-11-3. General regulations. Within the limits of any park, it shall be unlawful for any person or persons to do any of the acts hereinafter specified, except as may be otherwise provided: A. To hitch, fasten, lead, drive, or let loose any animal, reptile, or fowl of any kind, provided that this shall not apply to dogs or cats when led by a chain, cord, or leash. B. To ride or drive any horse or other animal, except in areas specifically designated for such purpose. C. To carry or discharge any firearm, firecrackers, torpedoes, or any other fireworks, airguns, BB guns, or slingshots. D. To operate any model airplane, helicopter or radio controlled device, rocket, or to discharge any bow and arrow, except in such areas as may be specifically designated for such purposes by the superintendent director of parks and recreation. E. To damage, cut, break, injure, deface, or disturb any tree, shrub, plant, rock, building, cage, pen, monument, fence, bench, or other structure, apparatus, or property; or to mark or write upon, paint, or deface any building, monument, fence, bench, or other structure. F. To swim, bathe, wade in or pollute the water of any fountain, pond, lake, or stream. G. To make or kindle a fire, except in picnic stoves or fire pits in areas designated for that purpose. H. To wash dishes, or to empty salt water or otherwise discharge any noxious waste liquids or solids on any grounds or waterways, ponds, fountains, or streams in areas other than those specifically designated for such purposes. I. To leave garbage, cans, bottles, papers, or other refuse elsewhere than in refuse containers provided for such purpose. J. To participate or engage in any activity on any public park area when such activity will create a danger to the public or may be considered a public nuisance. The director of parks and recreation may designate particular locations within park areas for specific activities. K. Overnight camping on any park property except by special permit issued by the parks and recreation director. L. To disrupt or disturb in any manner any picnic, meeting, service, concert, exercise, or exhibition. M. To distribute, post, place, or erect any advertising handbill, circular, bill, notice, paper, or other advertising device without special permit issued by the director of parks and recreation. N. To sell or offer for sale any food, drinks, confections, merchandise, or services, except a concession operated by the city, sports association under a licensing agreement, or a city authorized special event. O. To practice, carry on, conduct, or solicit for any trade, occupation, business, or profession. P. To loiter or remain in any city park at a time when the park is closed. The following parks shall be closed to the public during the times indicated except for scheduled athletic events authorized under this Article. Signs indicating time for closure shall be posted at conspicuous places to give notice thereof, which shall be as follows: 1. All city parks and/or athletic facilities which have outdoor lighting, including but not limited to, Andrew Brown Jr. Community Park (East, West, and Central), MacArthur Park, Moore Road Park, Wagon Wheel Park and the Carter Crowley, shall be closed from 10:30 p.m. to 6:30 a.m. the following day. 2. All other parks not named or outlined in subsection 9-11-3 P.1. shall be closed from sunset to 6:30 a.m. the following day. 1. All city parks and athletic facilities, except as provided herein, shall be closed from sunset until 6:30 a.m. the next day, unless such facilities are scheduled under a License and Use Agreement with the city. Athletic facilities, which are scheduled under such Agreements, may remain open until no later than 11:00 p.m. 2. The Coppell Aquatic Center and Wagon Wheel Tennis Center hours of operation shall be established by the park and recreation director and such hours shall be posted in accordance herewith. Q. Alcoholic beverages of every kind are prohibited within any area designated as a city park and it shall be unlawful and an offense for any person to bring any alcoholic beverage into any such park area or possess alcoholic beverages while in any such park area. R. Use or operate any motorboat, boat or watercraft propelled by motor, on the waters of any lake, pond, or reservoir within any city park or other area designated as a city park. S. To drive or hit golf balls. (Ord. No. 86352; Ord. No. 94679; Ord. No. 95695; Ord. No. 2002-983, § 2, 4-9-02; Ord. No. 2002-1003, § 1, 7-9-02) 1 54827 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 9, SECTION 9-11-3(D) BY DELETING THE REFERENCE TO SUPERINTENDENT AND REPLACING WITH DIRECTOR; BY AMENDING SUBSECTION (H) TO PROHIBIT THE DISCHARGE OF NOXIOUS LIQUIDS OR SOLIDS; BY AMENDING SUBSECTION (J) TO SPECIFY THE DIRECTOR OF PARKS AND RECREATION; BY AMENDING SUBSECTION (P) TO PROVIDE APPROPRIATE TIMES FOR CLOSING OF SPECIFIED CITY PARKS FOR PUBLIC USE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, currently Section 9-11-3 provides the General Regulations relative to the Park and Recreation areas of the City of Coppell; and WHEREAS, the City Council has been determined that Section 9-11-3 should be updated and amended, in part, as specified herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS; SECTION 1. That the City of Coppell Code of Ordinances, be, and the same is, hereby amended by amending Section 9-11-3, in part, which shall read as follows: " Sec. 9-11-3. General regulations. Within the limits of any park, it shall be unlawful for any person or persons to do any of the acts hereinafter specified, except as may be otherwise provided: . . . . . D. To operate any model airplane, helicopter or radio controlled device, rocket, or to discharge any bow and arrow, except in such areas as may be specifically designated for such purposes by the director of parks and recreation. . . . . . H. To wash dishes, empty salt water or otherwise discharge any noxious liquids or solids on any grounds or waterways, ponds, fountains, or streams. 2 54827 . . . . . J. To participate or engage in any activity on any public park area when such activity will create a danger to the public or may be considered a public nuisance. The director of parks and recreation may designate particular locations within park areas for specific activities. . . . . . P. To loiter or remain in any city park at a time when the park is closed. Signs indicating time for closure shall be posted at conspicuous places to give notice thereof, which shall be as follows: 1. All city parks and athletic facilities, except as provided herein, shall be closed from sunset until 6:30 a.m. the next day, unless such facilities are scheduled under a License and Use Agreement with the city. Athletic facilities, which are scheduled under such Agreements, may remain open until no later than 11:00 p.m. 2. The Coppell Aquatic Center and Wagon Wheel Tennis Center hours of operation shall be established by the park and recreation director and such hours shall be posted in accordance herewith. . . . . ." SECTION 2.That all provisions of the 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 of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3.That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. 3 54827 SECTION 4.That this ordinance shall take effect immediately from and after its passage and publication as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2003. APPROVED: ______________________________________ CANDY SHEEHAN, MAYOR ATTEST: _______________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 3/18/03) DEPT: Jim Witt DATE: March 25, 2003 ITEM #: 15 AGENDA REQUEST FORM ITEM CAPTION: Consider appointment of a representative to the Surface Transportation Technical Committee (STTC) of the Regional Transportation Council. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: !RTC DATE: March 25, 2003 ITEM #: 16 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM WORK SESSION A. Appointment of member to the Coppell Economic Development Committee. Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork DATE: March 25, 2003 ITEM #: 17 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec DEPT: FINANCE DATE: March 11, 2003 ITEM #: 18 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a Resolution expressing official intent to receive reimbursement for costs incurred in connection with the acquisition of approximately 24.9 acres for municipal uses prior to the issuance of the bonds, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: This resolution allows the City to receive reimbursement from the proceeds of the bond issue for costs that the City incurs related to the “Project” as outlined in the resolution. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: $land.doc CERTIFICATE FOR RESOLUTION NO. 2003-_____ THE STATE OF TEXAS § COUNTIES OF DALLAS AND DENTON § CITY OF COPPELL § We, the undersigned officers of said City, hereby certify as follows: 1.The City Council of said City convened in REGULAR MEETING ON THE 25TH DAY OF MARCH, 2003, at the City Hall, and the roll was called of the duly constituted officers and members of said City Council, to-wit: Candy Sheehan, Mayor Doug Stover, Mayor Pro Tem Tom Brancheau Jayne Peters Diana Raines Marsha Tunnell Dave Herring Bill York Libby Ball, City Secretary and all of said persons were present, except the following absentees: _________________________, thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OF CITY IMPROVEMENTS was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Resolution be adopted; and, after due discussion, said motion carrying with it the adoption of said Resolution, prevailed and carried by the following vote: AYES: All members of said City Council shown present above voted "Aye". NOES: None. 2.That a true, full and correct copy of the aforesaid Resolution adopted at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said City Council's minutes of said Meeting pertaining to the adoption of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for adoption at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and that said Meeting was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. 3.That the Mayor of said City has approved and hereby approves the aforesaid Resolution; that the Mayor and the City Secretary of said City have duly signed said Resolution; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED THE 25TH DAY OF MARCH, 2003. City Secretary Mayor (CITY SEAL) RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OF CITY IMPROVEMENTS THE STATE OF TEXAS § COUNTIES OF DALLAS AND DENTON § CITY OF COPPELL § WHEREAS , the City of Coppell, Texas (the "Issuer") is a municipality of the State of Texas; and WHEREAS , the Issuer expects to pay expenditures in connection with the purpose of paying all or a portion of the City's contractual obligations for the purpose of the acquisition of approximately up to 24.9 acres for municipal uses and purposes located in the vicinity of the intersection of Coppell Road and Bethel Road for paying legal and fiscal fees in connection with these projects (the "Project"); and WHEREAS , the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, THAT: Section 1.The Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount not to exceed $3,000,000 to pay for the Project. Section 2.All costs to be reimbursed pursuant hereto will be capital expenditures. No tax- exempt obligations will be issued by the Issuer in furtherance of this Resolution after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. Section 3.The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Resolution more than three years after the date any expenditure which is to be reimbursed is paid. Section 4.This Resolution shall become effective immediately. PASSED, APPROVED AND EFFECTIVE this 25th day of March, 2003. Mayor ATTEST: City Secretary APPROVED AS TO LEGALITY: City Attorney (CITY SEAL) DATE: March 25, 2003 ITEM #: 19 AGENDA REQUEST FORM MAYOR AND COUNCIL REPORTS A. Repor t by Mayor Sheehan regarding Regional Transpor tation Task Force. B. Repor t by Mayor Sheehan regarding Container Store groundbreaking. Agenda Request Form - Revised 09/02 Document Name: %mayorreport