CP 2003-06-10
NOTICE OF CITY COUNCIL MEETING AND AGENDA
JUNE 10, 2001
DOUG STOVER, JAYNE PETERS, Place 2
Mayor Mayor Pro Tem
TIM BRANCHEAU, Place 1 BILLY FAUGHT, Place 5
DIANA RAINES, Place 3 THOM SUHY, Place 6
MARSHA TUNNELL, Place 4 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, June 10, 2003, at 5:30 p.m. for Executive
Session, Work Session will immediately follow, and Regular Session will begin at
7:00 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas.
As authorized by Section 551.071(2) of the Texas Government Code, this meeting
may be convened into closed Executive Session for the purpose of seeking
confidential legal advice from the City Attorney on any agenda item listed herein.
The City of Coppell reser ves the right to reconvene, recess or realign the Work
Session or called Executive Session or order of business at any time prior to
adjournment.
The purpose of the meeting is to consider the following items:
ITEM # ITEM DESCRIPTION
REGULAR SESSION (Open to the Public)
1. Call to order.
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ITEM # ITEM DESCRIPTION
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation with City
Attorney.
1. Concerning Abatement of Dangerous Conditions at 316
Leisure Lane.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion and Review of Citizen Summit.
B. Review of Open Meetings, Open Records and Code of Conduct
Requirements.
C. Discussion regarding Council Meeting Times.
D. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Invocation.
5. Pledge of Allegiance.
6. Repor t and final recommendation by the Regional Transpor tation Task
Fo r c e .
7. Presentation by Yanling Tang regarding sewer fees.
8. Citizen's Appearances.
CONSENT AGENDA
9. Consider approval of the following consent agenda items:
A. Consider approval of minutes: May 27, 2003.
B. Consider approval of amending the contract with Turner Collie and
Braden, Inc. for the design of Deforest Road and Sandy Lake Road
Lift Stations and Force Main Improvements in an amount of $70,365
as provided for in water/sewer CIP funds; and authorizing the City
Manager to sign.
C. Consider approval of a Development Agreement between the City of
Coppell and the United States Postal Ser vice for the construction of
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ITEM # ITEM DESCRIPTION
ingress and egress to USPS proper ty from Bethel School Road
generally consisting of new driveways and the removal of existing
driveways; and consider approval of a Resolution authorizing the City
Manager to execute the Development Agreement and authorizing the
Mayor to sign the Resolution.
D. Consider approval of an Ordinance changing the street name of
State Road to Freepor t Parkway between Ruby and Sandy Lake
Roads, effective January 1, 2005, and authorizing the Mayor to sign.
E. Consider approval of a resolution accepting the bid of THBGP, Inc.
for the purchase of 10± acres of proper ty from the city of Coppell as
depicted on Exhibit A, authorizing the City Manager and Mayor to
execute the necessary documents to consummate the sale, and
providing an effective date.
END OF CONSENT
10. Consider approval of an Ordinance authorizing the issuance of City of
Coppell, Texas Combination Tax and Revenue Cer tificates of Obligation,
Series 2003 in the amount of $1,700,000 for purchasing of public land,
approving an Official Statement, authorizing the execution of a purchase
agreement, making provisions for the security thereof, and ordaining other
matters relating to the subject and authorizing the Mayor to sign.
11. Consider approval of an Ordinance authorizing the issuance of City of
Coppell, Texas General Obligation Refunding Bonds, Series 2003, approving
an Official Statement, authorizing the execution of a purchase agreement
and an Escrow Agreement, and making provisions for the security thereof,
and ordaining other matters relating to the subject and authorizing the
Mayor to sign.
12. PUBLIC HEARING:
Consider approval of Case No. S-1195B, Voice Stream, zoning change
request from TC (Town Center) to TC-S-1195B (Town Center, Special Use
Permit-1195B), to allow the replacement of an existing 70-foot light pole
with an 80-foot light pole, including the placement of 3 flush-mounted
telecommunication antennae and equipment building on proper ty located
in Andrew Brown Park Central.
13. PUBLIC HEARING:
Consider approval of the Nash Manor, Lot 2R, Block A, Replat, being a
replat of Lots 2 and 3, Block A, into one lot to allow for the construction of
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ITEM # ITEM DESCRIPTION
a home and a water feature on 0.69 of an acre of proper ty located at 128
Nash Street.
14. Consider approval of the Coppell Commerce Center, Lot 1R, Block 3, Site
Plan, to allow the construction of an approximate 106,000 square-foot
office/warehouse building on approximately 7.3 acres of proper ty located
at the southeast corner of Burns and Freepor t Parkway.
15. PUBLIC HEARING:
Consider approval of the revised Coppell Commerce Center, Lot 1R, Block
3, Replat, to allow the construction of an approximate 106,000 square-foot
office/warehouse building on approximately 7.3 acres of proper ty located
at the southeast corner of Burns and Freepor t Parkway.
16. PUBLIC HEARING (CONTINUED):
Consider approval of an amendment to the Land Use Plan of the 1996
Comprehensive Master Plan from Light Industrial/Showroom to Freeway
Commercial, and consider approval of Case No. ZC-614(CH), zoning
change from LI (Light Industrial) to HC (Highway Commercial) on
approximately 36.11 acres of proper ty located nor th of S.H. 121, between
Business S.H. 121 and Coppell Greens.
17. PUBLIC HEARING:
Consider approval of Case No. ZC-608R(CH), zoning change from C
(Commercial) to SF-9 (Single Family-9) on approximately 11 acres of
proper ty located south of Sandy Lake; west of Denton Tap Roads.
18. PUBLIC HEARING:
Consider approval of an amendment to the Land Use Plan of the 1996
Comprehensive Master Plan from Regional Retail and Light
Industrial/Showroom to Freeway Commercial, and consider approval of
Case No. ZC-611(CH), zoning change from LI (Light Industrial) to HC
(Highway Commercial) on approximately 56.5 acres of proper ty located
east of S.H 121 nor th and south of Sandy Lake Road.
19. PUBLIC HEARING:
Consider approval of an amendment to the Land Use Plan of the 1996
Comprehensive Master Plan from Light Industrial/Showroom to Mixed Use,
and consider approval of Case No. ZC-615(CH), zoning change from LI
(Light Industrial) to HC (Highway Commercial) on approximately 35 acres
of proper ty located east of MacAr thur, south of Lake Vista Drive.
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ITEM # ITEM DESCRIPTION
20. Consider approval of a one-year extension to the expiration date of the Site
Plan for Town Center Addition, Lot 2, Block 3, to allow the development of
an approximately 12,975 square-foot retail/office building on 1.7 acres of
proper ty located along the east side of Denton Tap Road, approximately
475 feet south of Parkway Boulevard.
21. Consider approval of a Resolution suspending the proposed rate schedules
of TXU Gas Distribution Company, providing that the rate schedules of said
company shall remain unchanged during the period of suspension,
providing for notice hereof to said company, and authorizing the Mayor to
sign.
22. Consider approval of a Resolution to designate Bethel School Road from
Denton Tap Road eastward to Hear tz Rd. as a one-way street during
construction; and authorizing the Mayor to sign.
23. Necessary action resulting from Work Session.
24. Mayor and Council Repor ts.
A. Repor t by Mayor Stover regarding Citizen Summit.
B. Repor t by Mayor Stover regarding Budget Work Sessions.
C. Repor t by Mayor Stover regarding Boards and Commissions
Volunteers.
D. Repor t by Mayor Stover regarding American Cancer Society Relay for
Life.
E. Repor t by Mayor Stover and Councilmember York regarding
Graduation.
F. Repor t by Mayor Stover regarding Metroplex Mayors' Meeting.
G. Repor t by Councilmember York regarding City Employees.
H. Repor t by Councilmember York regarding Traffic Safety.
25. Council Committee Repor ts.
A. Carrollton/Farmers Branch ISD/Lewisville ISD - Councilmember
Suhy.
B. Coppell ISD - Councilmembers Raines and York.
C. Coppell Seniors - Councilmember York.
D. Dallas Regional Mobility Coalition - Mayor Pro Tem Peters.
E. Economic Development Committee - Mayor Pro Tem Peters and
Councilmember Brancheau.
F. Metrocrest Hospital Authority - Councilmember Tunnell.
G. Metrocrest Social Service Center - Councilmember Brancheau.
H. Nor th Texas Council of Governments - Councilmember Tunnell.
I. NCTCOG - Emergency Management Planning Council -
Councilmember Suhy.
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ITEM # ITEM DESCRIPTION
J. Nor th Texas Commission - Councilmember Tunnell.
K. Senior Adult Ser vices - Councilmember Suhy.
L. Town Center/Architectural Committee - Councilmember Faught.
M. Trinity River Common Vision Commission - Councilmember Faught.
N. Trinity Trail Advisor y Commission - Councilmember Raines.
26. Necessary Action Resulting from Executive Session.
Adjournment.
____________________________________
Douglas N. Stover, 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
DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE
ON THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC
DOCUMENTS, COUNCIL PACKETS.
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PUBLIC NOTICES
STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public
programs, services and/or meetings, the City requests that individuals make requests for
these services forty-eight (48) hours ahead of the scheduled program, service and/or
meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other
designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989).
IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724
Carrying of a concealed handgun on these premises or at any official political meeting in
the City of Coppell is illegal.
Es ilegal llevar consigo un arma de fuego oculta, adentro de este edificio, o en cualquier
junta oficial de politica en la ciudad de Coppell.
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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: June 10, 2003
ITEM #: ES-2
AGENDA REQUEST FORM
EXECUTIVE SESSION
A. Section 551.071, Texas Government Code - Consultation with City Attorney.
1. Concerning Abatement of Dangerous Conditions at 316 Leisure Lane.
CM REVIEW:
Agenda Request Form - Revised 10/02 Document Name: %executivesession
DATE: June 10, 2003
ITEM #: WS-3
AGENDA REQUEST FORM
WORK SESSION
A. Discussion and Review of Citizen Summit.
B. Review of Open Meetings, Open Records and Code of Conduct Requirements.
C. Discussion regarding Council Meeting Times.
D. Discussion of Agenda Items.
CM REVIEW:
Agenda Request Form - Revised 10/02 Document Name: %worksession
DEPT: City Secretary
DATE: June 10, 2003
ITEM #: 6
AGENDA REQUEST FORM
ITEM CAPTION:
Report and final recommendation by the Regional Transportation Task Force.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: %rttf
Regional Transportation Task Force
Findings and Recommendations
Submitted to the
Mayor and City Council
of Coppell, Texas
on June 10, 2003
City Of Coppell
Regional Transportation Task Force
Acknowledgements
TASK FORCE MEMBERS
Steering Committee
Burt Bryan, Chair
Frank Marasco, Vice Chair
Tim Bennett, Traffic and Mitigation Subcommittee
Peter LeCody, Public Education/Public Opinion Subcommittee Chair
Clifford Long, Finance Subcommittee Chair
Cynthia Parker, Public Education/Public Opinion Subcommittee Chair
Jack Rogers, Traffic and Mitigation Subcommittee
Nancy Wang, Environmental Impact Subcommittee Chair
Committee Members
Reg Allen Joann Mendenhall
Glen Bradshaw Stephen Mobley
Jeffrey Butler William Morris
Rex Carpenter Jim O’Brien
Sharon Clark Tochi Osuji
Jason Crawford Edward Ransom
Camilla Dillon Dornell Reese, Jr.
John Fridl Mike Ridgley
Rick Garces Indira Singla
David Gillis Cindy Stanley
Jeanne Heath Thomas Suhy
Bill Hinds Todd Turman
Meg Kimberland Michael Vasquez
Bart McLeroy
City Council Appointees City Staff
Candy Sheehan, Former Mayor Clay Phillips, Deputy City Manager
Jayne Peters, Council Place 2 Jennifer Armstrong, Director of Finance
Marsha Tunnell, Council Place 4 Ken Griffin, P.E., Director of Engineering
Sharon Logan, Community Info. Officer
Gary Sieb, Director of Planning and Comm. Services
DOCUMENT AUTHORS
Reg Allen Clifford Long
Tim Bennett Frank Marasco
Burt Bryan Stephen Mobley
Glen Bradshaw Cynthia Parker
Jason Crawford Dornell Reese, Jr.
David Gillis Mike Ridgley
Jeanne Heath Cindy Stanley
Meg Kimberland Michael Vasq ez u
Peter LeCody Nancy Wang
3
City Of Coppell
Regional Transportation Task Force
Table of Contents
Report to City Council................................................................................................................5
Consensus Recommendations..................................................................................................7
Environmental Impact Subcommittee Findings .........................................................................8
Environmental Impact Subcommittee Recommendations ......................................................15
Funding Subcommittee Findings .............................................................................................16
Funding Subcommittee Recommendations ............................................................................18
Public Education/Public Opinion Subcommittee Findings .......................................................19
Public Education/Public Opinion Subcommittee Recommendations ......................................20
Traffic and Mitigation Subcommittee Findings ........................................................................21
Traffic and Mitigation Subcommittee Recommendations ........................................................24
Supporting Material
Coppell 2003 Regional Transportation Attitude Survey Results
Water Bill Inserts
Newspaper Advertisements
Newspaper Articles
Public Forum Video
Handouts and Slides from Expert Presenters
Website Information
Miscellaneous Supporting Materials
4
City Of Coppell
Regional Transportation Task Force
Report to City Council
Regional Transportation Task Force Mission
The mission of the City of Coppell Regional Transportation Task Force (RTTF) is
to provide the Mayor and City Council with recommendations regarding the
Coppell community’s interest in participating in local and regional transportation
services and how to proceed with such efforts if it is decided to do so.
Charge of the Task Force
The charge of the RTTF is to:
• Coordinate activities necessary to perform a thorough review of regional transportation as
it relates to the City of Coppell.
• Study all aspects of funding possibilities that may be available for the City of Coppell’s
participation in a regional transportation system.
• Review various transportation options available to the City of Coppell.
• Provide adequate public education for community members regarding the impact that
funding options, environmental issues, traffic congestion, thoroughfare & road plans, and
DART will have on the City of Coppell’s participation in regional transportation.
• Provide ample opportunity for public participation and public input into the discussion
regarding regional transportation.
• Assess the view, wants, and needs of the citizens of Coppell regarding the various
components of a regional transportation system and the costs to the community for
providing such.
• Provide regular updates to the City Council concerning the status of RTTF activities and
findings.
• Provide a formal written report to the City Council on June 10, 2003 containing the
RTTF’s recommendations regarding what actions should be taken by the City of Coppell
related to regional transportation.
Task Force Structure
The RTTF is made up of a Steering Committee and four subcommittees: Funding, Environmental
Impact, Traffic Congestion & Mitigation, and Public Opinion/Public Education. The Steering
Committee is made up of a Chairperson, a Vice-Chairperson, the four chair people of the
subcommittees, and a City staff liaison. Each of the four subcommittees is made up of 8 – 10
citizens and a City staff liaison.
5
Task Force Process
The Task Force began its work in October 2002 and completed its work in June 2003, holding
regularly scheduled meetings of the entire Task Force and of the separate subcommittees. The
Task Force accomplished its work in four stages: information gathering, public education, public
opinion assessment, and reporting.
In the information gathering stage, the entire Task Force attended three presentations by
transportation experts including representatives from Dallas Area Rapid Transit (DART) and
North Central Texas Council of Governments (NCTCOG). Also in this stage, each subcommittee
met independently to study the issues relevant to its duties.
In the public education stage, the Task Force provided information to citizens through two public
forums, water bill inserts, the City’s website, newspaper advertisements, and newspaper articles.
The first public forum was videotaped and televised on Channel 73 throughout February and
March 2003.
The public opinion assessment stage included a public opinion survey conducted by Raymond
Turco & Associates. Citizens were also able to express their opinions through the Task Force’s
email address.
The reporting stage involved providing oral and written reports to the City Council regarding
information gathered, public opinion and Task Force recommendations. Those recommendations
were based on subcommittee findings, public opinion survey results, and the consensus of the
Task Force.
6
REGIONAL TRANSPORTATION TASK FORCE
CONSENSUS RECOMMENDATIONS
Regional Transportation Authority
The City Council should increase support for the creation of and pursue membership in a
regional transportation agency that would include the counties surrounding the City of
Coppell.
Public Education Initiative
The City of Coppell should continue to improve the public’s awareness of transportation
issues that directly effect Coppell. Possible measures to accomplish this task could
include but are not limited to forming a speakers bureau, forming a transportation board
and/or utilizing other existing boards.
Flexibility in Funding
The City Council should increase support for legislative actions that provide for flexibility
in funding options related to transportation issues.
Sales Tax Funding
The City of Coppell needs to prepare to be in a position to make one penny of sales tax
revenue available to fund transportation projects or programs by 2008.
Feasibility Studies
The City of Coppell should be prepared to conduct a feasibility study regarding the
following:
A. Potential noise mitigation measures along the Cotton Belt rail line and the cost and
effectiveness of each potential measure,
B. Economic costs and benefits and community impact of potential station locations in
Coppell.
Ordinance Review
The City of Coppell should review its Code of Ordinances, Sections 7-2-8, 7-2-9, 7-2-12
and 7-2-18 to determine if any changes related to noise, traffic, air quality, train speeds,
impeding traffic in intersections, grade separations or the addition of other
conditions/requirements or other mitigating issues would be of benefit to the City.
Additional recommendations were submitted at the subcommittee level. Please refer to individual
subcommittee findings and recommendations for details.
7
Regional Transportation Task Force
Environmental Impact Subcommittee
Subcommittee Findings and Recommendations
Duties of the Subcommittee
The duties of the Environmental Subcommittee, as charged by the City Council, were to:
1. Determine committee tasks, timeline, and calendar.
2. Explore and evaluate air quality issues related to transportation.
3. Explore ramifications on economic development due to nonattainment status.
4. Explore impact of DART commuter rail line operation in Coppell.
5. Examine Environmental Impact Assessment probabilities.
6. Explore various noise mitigation alternatives.
7. Seek information from field experts at NCTCOG and other organizations.
8. Provide necessary and appropriate information to Public Education/Public
Opinion Subcommittee for use in their efforts.
9. Participate in public forums as necessary.
10. Report consensus findings and recommendations to RTTF Steering Committee
on an ongoing basis with final report by May 19, 2003.
Duties 1 and 7 through 10 are procedural and are addressed in the Subcommittee
Process section of this report. Duties 2 through 6 refer to environmental issues associated with
regional transportation and are addressed in the Environmental Issues section of this report.
Subcommittee Process
The Subcommittee held regularly scheduled meetings to gather information, discuss
issues and refine presentations. Subcommittee members also conducted individual research via
telephone and Internet.
In addition to attending expert presentations given to the entire RTTF, the Subcommittee
interviewed the following field experts:
• Tom K. Ryden, P.E., Transportation Planning Director at Parsons Brinkerhoff
Quade & Douglas, Inc. His background includes 7 years at NCTCOG and, more
recently, 14 years at DART where he was involved with environmental policy. He
described DART’s environmental analysis.
• John Promise, Director of Environmental Resources at NCTCOG. He has been
with NCTCOG for 27 years. He spoke about the environmental issues facing
North Texas.
• Jason Crawford, P.E., Texas Transportation Institute, and a Subcommittee
member. He spoke about air quality issues relating to transportation.
Individual Subcommittee members also conducted phone interviews with Jan Seidner of
DART; Jim Cline, P.E., City of Irving; Walter Ragsdale, P.E., City of Richardson; Russ Wiles,
P.E., City of Fort Worth; and Steve Roop, PhD., Texas Transportation Institution. Internet sources
of information were listed on the Regional Transportation Task Force’s webpage maintained by
the City.
The Subcommittee contributed information for the January and February 2003 water bill
inserts, participated in the February 13 and 18, 2003 Public Forums and participated in the
drafting of the public opinion survey. Finally, the Subcommittee participated in the formulation of
the Task Force’s Report and Recommendations to the City Council.
8
Environmental Issues
The environmental issues associated with regional transportation fall into six categories:
projected regional growth, air quality, economic development, potential Cotton Belt impacts,
noise, and land use.
Projected Regional Growth
The population of the 16-county North Central Texas region currently exceeds 5 million
people. NCTCOG projects that the region’s population will exceed 9.1 million by 2030, causing
significant environmental impact. This population growth is projected to take place unevenly
throughout the region, with much of the growth occurring in Denton and Collin Counties, outside
of traditional city center areas.
As a result of this growth pattern, people will likely be driving longer distances to reach
their destinations for work, shopping, and recreation. Vehicles miles traveled (VMT) will therefore
grow at a faster rate than population. From 1995 to 1999, VMT increased 18.4%, nearly twice the
growth in population. NCTCOG projects that VMT could grow almost 60% from 1999 to 2025
unless major public transportation improvements are made.
Even with the transportation system improvements currently planned, congestion levels
in the region will increase markedly. NCTCOG estimates that in 1999 38% of area roadways were
congested during the peak hour, at an annual cost of $5.3 billion in lost productivity. NCTCOG
projects that in 2025 45% of area roadways will be congested during the peak hour, at an annual
cost of $8.2 billion in lost productivity. (The transportation system improvements that are
assumed in that 2025 projection are under-funded by $3.14 billion.)
Coppell’s 2003 Transit Attitude Survey, (specifically, the answers to questions 14-B,-C,-
D; 15-B,-C,-D; 16-B,-C; 18 and 27-B) indicate Coppell citizens already view traffic congestion and
regional mobility as problems, and view public transportation as part of the solution to these
problems.
Air Quality
Transportation-related pollutants, such as ground-level ozone, have significant adverse
health effects. Even at low concentrations, ground-level ozone can cause respiratory problems
and aggravated asthma in children, people with respiratory diseases, and even otherwise healthy
adults who are working or exercising outside on smoggy days.
Ozone, a major component of smog, is not emitted directly by mobile sources. Instead, it
is created when nitrogen oxides (NOx) and volatile organic compounds (VOCs) react in the
presence of sunlight and heat. NOx and VOCs are referred to as ozone precursors. Emissions of
NOx are produced when fossil fuels are burned in motor vehicle engines, power plants, and
industrial boilers. There are hundreds of thousands of VOC sources including automobile
emissions, gasoline vapors, chemical solvents, and consumer products like paint. Car emission
technology is getting cleaner but people are driving more, thereby producing more ozone
precursors.
Nationwide, vehicles on roads account for 34% of NOx and 29% of VOCs. In the DFW
area, vehicles on roads accounted for 55% of NOx and 29% of VOCs in 1996, the baseline year
for the DFW regional air plan (the State Implementation Plan or SIP). In 2007, according to goals
set forth in the SIP, vehicles are projected to contribute 51% of NOx and 19% of VOCs. Figure 1
displays the relative contributions from all sources for the 2007 NOx emissions inventory, with
future control strategies in place.
9
Figure 1 - Sources of Pollutants
Under the Clean Air Act, there are national standards for air pollutants like ozone. Right
now, the DFW 4-county area (Dallas, Tarrant, Denton, and Collin) does not meet the EPA’s 1-
hour ozone standard and is classified as a “serious” nonattainment area. A more stringent 8-hour
ozone standard will come into effect in 2004. The deadline for the 4-county area to meet the
current 1-hour ozone standard is November 2007. Failure to meet these ozone standards will
pose continued health risks for the region’s population and possible negative impacts on
economic development. Figures 2 and 3 demonstrate the progress made in the DFW area to
conform to the national air quality standards. Figure 2 displays the number of exceedences per
year of the 1-hour ozone standard. It also shows the number of monitors in the region. Figure 3
displays the region’s progress in complying with the 1-hour ozone standard. Though it appears
significant progress has been made to date, it can also be inferred that the most difficult
reductions to attain are yet to come.
The Coppell 2003 Transit Attitude Survey revealed that residents feel regional air quality
is one issue of most concern (Survey Question 14). Residents also expressed that public
transportation can help to improve air quality in our region (Survey Question 15). Specifically,
residents expressed a strong majority that Coppell would directly benefit from regional air quality
improvements from expanded public transportation (Survey Question 16). However, the strength
of these two latter statements was diminished by a correlated level of agreement question
(Survey Question 27-I) that indicated a near-even split in the impact public transportation has on
improving air quality.
Residents also stated that they see public transportation mitigates traffic congestion
throughout the day and improves regional mobility. Traffic congestion negatively impacts
mobility, reliability, and both localized and regional air quality. Clearly, residents understand that
public transportation can help to solve several important regional transportation concerns.
10
Figure 2 - Days Exceeding Ozone Standards
Source: NCTCOG
Source: NCTCOG
Figure 3 - DFW Nonattainment Trend
11
Economic Development
The SIP describes how the region will reduce and maintain air pollution emissions in
order to comply with federal air quality standards. If the Environmental Protection Agency (EPA)
finds the SIP to be deficient, the EPA can apply sanctions.
The first sanction, generally applied 18 months after the finding of a deficiency, is offset
permitting. Offset permitting prohibits the state from issuing a permit for a new emissions source
or for modification of an existing source unless the projected emission will be offset by a
simultaneous decrease from other sources. The second sanction, generally applied six months
after the offset sanction, is the highway sanction. The highway sanction jeopardizes the region’s
access to federal highway funding, which represents 80 – 90 % of all highway funding.
Both sanctions could cause businesses to locate elsewhere, thereby negatively impacting
economic development in the DFW region. Also, poor air quality and highway congestion could,
in and of themselves, cause individuals and employers to avoid or leave the DFW region. The
impact on Coppell specifically would be that the approximately 1000 undeveloped acres in west
Coppell might not attract the light industrial development for which it is zoned, depriving the city,
county, and school district of significant potential revenue.
The Coppell 2003 Transit Attitude Survey also revealed that residents feel regional
economic growth is another issue of most concern (Survey Questions 14 and 15). Residents also
expressed that public transportation can help to encourage economic growth in our region,
though many less supported the idea that Coppell would directly benefit from economic growth
spurred by public transportation. Citizens did not appear to have a strong awareness about the
connection between economic development and transportation-related issues (Survey Question
19).
Potential Cotton Belt Impacts
Dallas Area Rapid Transit (DART) owns the right-of-way (ROW) known as the Cotton
Belt Railroad that runs through southern Coppell. The 100-foot-wide ROW currently has one set
of tracks used only for freight trains. With each set of tracks requiring 32 feet of width, the ROW
could accommodate 3 sets of tracks. DART’s ownership gives it the right to use the ROW for
passenger rail so long as freight rail service is still available to customers along the line.
Since the Cotton Belt connects cities east of Coppell, such as Addison, to DFW Airport
and Tarrant County, there is considerable interest in commencing passenger rail along the line.
The RTTF learned from Mayor Wheeler of Addison that funding necessary to commence
passenger rail along the line may soon become available, allowing passenger trains to run within
the next 5 years. The Coppell 2003 Transit Attitude Survey (Survey Question 19) revealed that
many residents are unaware (1) DART owns the Cotton Belt ROW; (2) DART’s plans to use the
Cotton Belt Railroad for rail transit; and (3) Coppell has little influence in the rail line design by not
participating as a contributing city with DART. On the other hand the Coppell citizens Survey
place great importance on having the ability to impact DART’s decisions relating to the Cotton
Belt Railroad (Survey Question 22).
Environmental impacts of passenger rail traffic on the Cotton Belt line would include:
noise of running trains, noise of warning horns at each grade crossing (the line crosses 8 public
roads, four of which are major arterials), safety issues along the line and at crossings, and air
quality impacts (positive for the region due to reduced passenger vehicle traffic, negative from
vehicles stopped at crossings and from trains themselves). Environmental impacts of a possible
rail stop in Coppell would include: increased passenger vehicle traffic accessing the station,
potential commercial development adjacent to the station, light glare from overhead lighting, and
water runoff from the parking surface. Because of these environmental impacts, values of
properties adjacent to the line may decrease and values of properties immediately adjacent to a
station may increase.
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DART follows federal guidelines, covering 17 impact assessment categories, in
evaluating the environmental impact of transportation projects and in designing measures to
mitigate such impact. Federal guidelines establish three levels of scrutiny: categorical exclusion is
the lowest, environmental assessment is the middle, and environmental impact statement is the
highest. When greater environmental impact is anticipated, higher levels of scrutiny are used and
greater mitigation measures are likely to be deemed necessary. Tom Ryden of Parsons
Brinkerhoff believes that DART would conduct an environmental assessment, the middle level, in
this situation.
DART’s policy to follow federal guidelines in designing mitigation measures means it
would pay for measures necessary to satisfy those guidelines. If Coppell wanted stronger
measures, it will require negotiations between Coppell and DART. In the opinions of both Mayor
Wheeler and Tom Ryden, Coppell would be in a better negotiating position if it were a member
city of DART.
Passenger rail along the Cotton Belt could be either commuter rail (higher speeds, fewer
stops) or light rail (lower speeds, more stops). Location of stops would be determined by ridership
studies and consultation with member cities. DFW Airport is currently reserving land in the area of
the IH 635 and SH 121 intersection for a station connecting the rail line to the airport.
Noise
Noise/Vibration is one of the impact assessment categories that DART considers when
evaluating transportation projects. The noise impact of passenger rail along the Cotton Belt has
two components: the noise of the trains themselves and the noise of the train horn. Choice of
train design will determine the amount of noise emanating from the trains themselves. As noise-
dampening technologies are constantly evolving, it is difficult to predict the impact of this
component of train noise.
Train horns, however, are a predictable and significant source of noise. For safety
reasons, federal regulations require a train horn to be sounded starting ¼ mile from all public
highway/rail at grade crossings. The horn must be a minimum of 96 decibels 100 feet in front of
the train (which is equivalent to standing next to a power lawn mower at full throttle). However,
there are several mechanisms for eliminating the need for train horns at crossings: grade
separation, street closings, and quiet zones. Grade separation, moving either road or rail up or
down, is an effective way to eliminate the need for train horns and to mitigate the congestion and
air quality problems associated with rail-crossing delays. Grade separations also provide a high
level of safety but they are very expensive, costing millions of dollars each.
Street closings are less expensive, still costing tens of thousands of dollars each, but
work only in neighborhoods more concerned about horn noise and safety than with traffic routing.
Streets with low traffic volumes and reasonable alternative routes are good candidates to be
closed.
Quiet zones are grade crossings with sufficient safety devices such that train horns need
not be sounded. Quiet zones are fairly expensive, costing hundreds of thousands of dollars each.
The safety devices required to create a quiet zone would include four-quadrant gates, median
barriers, and wayside horns. Four-quadrant gates block the road four ways and median barriers
separate the directions of traffic; both devices prevent cars from driving around safety gates.
Wayside horns are stationary sound sources located at grade crossings to warn of approaching
trains. They limit the area affected by horn noise because they focus a pre-recorded warning horn
at the intersection. In contrast, a train must sound its horn well in advance of the crossing to warn
on-coming traffic. Figure 4 shows the reduced noise impact from a wayside horn application in
the City of Richardson at the intersection of Custer Parkway and the Kansas City Southern
Railroad. The wide band along the rail line represents the area before the wayside horn
installation that experienced a significant amount of train horn nose. The smaller elliptical areas
near the grade crossing represent the noise cone after the wayside horns were installed. It is
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evident that the use of wayside horns provides a significant benefit in reducing the area impacted
by eliminating the use of a train horn.
Figure 4 - Train Horn Noise Abatement
Quiet zones are a relatively new concept. The federal government is still reviewing their
safety and effectiveness. Meanwhile, state and local governments control their approval. Creation
of a quiet zone requires the agreement of the rail operator and funding must be negotiated among
the city that might want one, the rail operator, and other funding sources. Coppell can take
preliminary steps to lay the groundwork for creation of quiet zones, including ordinances and
resolutions.
Noise barriers along rail lines can include a wide variety of wall structures and
landscaping. Noise barrier walls can cost approximately $30 per square foot of wall face. This
cost is based on information provided by the Texas Department of Transportation and will vary
depending on the specifications for any application along the Cotton Belt Railroad.
Land Use
The Cotton Belt line is immediately adjacent to two parks, one elementary school, two
apartment complexes, and 55 single-family homes. It is within 500 feet of the two parks, one
elementary school, approximately 550 apartment units, 36 structures containing in excess of 50
businesses, and 200 single-family homes. Approximately 2,000 residents live within 500 feet of
the train line.
Conclusions
The population of the DFW region is projected to grow markedly in the next several
decades, causing significant environmental impact. The region already faces serious air quality
issues that are, in large part, related to transportation. Economic development of the region could
be negatively impacted by transportation-related environmental factors.
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Coppell will continue to be affected by the environmental and economic development
issues facing the region, particularly when passenger rail traffic commences along the Cotton Belt
line. The actions we take as a city, as citizens, and as employers will lead the way to both
environmental and economic benefits for our community and the region.
Environmental Impact Subcommittee Recommendations
The Subcommittee reviewed the 2003 Transit Attitude Survey results before formulating
its recommendations, noting residents’ attitudes and levels of awareness regarding
transportation, financing options, air quality, and economic development. Based on the
Subcommittee’s own findings and the survey results, the Subcommittee encourages the City of
Coppell to deal proactively with regional transportation issues and offers the following
recommendations:
1) Continue to support legislative actions providing for a regional transportation authority
and flexibility in funding transportation issues; do not pursue membership in a transportation
authority at this time but investigate membership in a regional transportation authority, when one
is created.
2) Explore the possibility of reallocating the Coppell Recreational Development
Corporation (CRDC) half-cent sales tax to other critical issues facing Coppell, including
transportation issues.
3) Promote public education to improve awareness of transportation issues. Possible
mechanisms for public education include using the Keep Coppell Beautiful Committee or creating
a transportation advisory committee. An advisory committee could provide help in gathering
information about regional and national developments in transportation, identifying public
education topics, and disseminating information to the public. Possible public education topics
include:
• DART’s ownership of the Cotton Belt Rail Line, plans to utilize the line for passenger rail,
and costs Coppell may face associated with implementation of passenger rail along the
line;
• Relationships between air quality, federal highway funding, and economic development;
• Ways that private citizens can impact air quality, such as chaining trips, ridesharing,
avoiding idling, and buying low-emission or “clean” vehicles;
• Ways that employers can impact air quality such as providing telecommuting options,
adopting flexible work hours, promoting ridesharing, and buying clean vehicles;
• Ways that the City can impact air quality such as studying tax benefits to promote some
of the afore-mentioned private citizen or employer actions, limiting idling of internal
combustion engines, creating a point-of-contact to facilitate ridesharing (and purchasing
rideshare software), extending the bikeway system between residential and commercial
areas, and beginning a bike-share program.
4) Conduct a feasibility study when appropriate to evaluate noise mitigation measures
along the Cotton Belt Line including quiet zones, grade separation, and noise barriers. Such a
study could cost in excess of $100,000 and could be a future budgeted item under “Other
Professional Services.”
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Regional Transportation Task Force
Funding Subcommittee
Subcommittee Findings and Recommendations
Duties of the Subcommittee
The duties of the Funding Subcommittee, as charged by the City Council, were:
1. Determine committee tasks, timeline, and calendar.
2. Explore the current funding requirements in place for participation in DART or
other regional transportation systems.
3. Explore alternative funding possibilities.
4. Explore economic development opportunities related to transportation.
5. Examine the impact that the Coppell Recreational Development Corporation
(CRDC) has on transportation funding and the feasibility/desire to discontinue
DRDC expenditures at the earliest possible date.
6. Examine the impact that the Coppell Education Development Corporation
(CEDC) has on transportation funding and the feasibility/desire to discontinue
CEDC expenditures at the earliest possible date.
7. Incorporate favorable legislative changes in strategic recommendations.
8. Provide necessary and appropriate information to Public Education/Public
Opinion Subcommittee for use in their efforts.
9. Participate in public forums as necessary.
10. Report consensus findings and recommendations to RTTF Steering Committee
on an ongoing basis with final report by May 19, 2003.
Duties 1 and 8 through 10 are procedural and are addressed in the Subcommittee
Process section of this report. Duties 2 through 6 refer to funding and financial issues associated
with regional transportation and are addressed in the Funding Issues section of this report. The
response to Duty 7 is covered in the Strategic Recommendation section below.
Subcommittee Process
The Subcommittee held regularly scheduled meetings to gather information, discuss
issues and refine presentations. The Subcommittee researched existing laws and regulations
related to the funding of transportation authorities. In addition, Subcommittee members
conducted individual research and held face-to-face interviews.
The Subcommittee contributed information for the January and February 2003 water bill
inserts, participated in the February 13 and 18, 2003 Public Forums and participated in the
drafting of the public opinion survey. Finally, the Subcommittee participated in the formulation of
the Task Force’s Report and Recommendations to the City Council.
Funding Issues
The funding issues associated with regional transportation fall into five categories:
current funding requirements, alternative funding, economic development, Coppell Recreational
Development Corporation and Coppell Education Development Corporation.
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Current Funding Requirements
Under present state law regional transportation systems can be funded only with local
sales tax revenues. The funding for Dallas Area Rapid Transportation (DART) is 1%, for the
Tarrant County system ½% and for the proposed Denton County system, ¼%. DART is the only
one of these systems available to the citizens of Coppell under the current law.
Alternative Funding
Currently the city has no sales tax available for contribution to a regional transportation
system. Therefore, a law change would be required to permit the city to immediately participate
in a system established to coordinate transportation activities in the North Texas region. The
city’s only alternative, subject to state law change, is to divert a portion of the sales tax currently
being used to fund city services and provide funding to the city’s recreational and education
development corporations.
Economic Development
Economic development opportunities have been created along DART’s light rail starter
system. An independent study indicates that over $900 million in private funds have been
invested in real estate development along DART’s light rails. Square foot rentals and
occupancies have increased as the light rail system ages. There have been discussions
regarding the possibility of developing commuter rail service on the Cotton Belt Railroad on the
city’s south side. Weather or not economic development opportunities will exist along commuter
rail to the same degree as it does along light rail will require additional study.
Federal sanctions relating to air pollution violations by the DFW region could have a
negative impact on economic development in the DFW region. Any adverse impact on economic
development in the area will impact Coppell depriving the city of additional real estate and sales
tax revenues. No empirical evidence could be found that would indicate that Coppell’s joining a
regional transportation authority would reduce air pollution or minimize the possibility of federal
sanctions leading to reduced economic development in the city.
Coppell Recreational Development Corporation
The current ½ cent sale tax collection provided to the CRDC could legally be used to fund
membership in a regional transportation system. If the city discontinued construction under the
present recreational corporate program, the related development bonds could be retired in 2007
and the revenues from the ½ cent sale tax could be available for transportation membership in
2008. The termination of recreational construction will stop the development of the city’s
proposed trail program and eliminate the development of new athletic facilities.
Coppell Education Development Corporation
Revenues from the current ½ cent sales tax provided to the CEDC could legally be used
to fund membership in a regional transportation system. Unless extended by a citizen vote, the
CEDC funding expires in 2005 and the related ½ cent sales tax would be available in 2006.
Based on the desires of the citizens of the city, this sales tax revenue could become available to
contribute funding to a transportation system.
The discontinuance of the funding for this corporate activity will eliminate approximately
30 teaching jobs, most of which are related to “English as a second language” instruction. In
addition, these funds would no longer be available to the schools to purchase equipment used to
support this educational effort.
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Conclusions
The results of the Subcommittee’s research and related analysis were provided to the
transportation task force for its use in developing consensus findings and recommendations. In
addition, the committee used the data provided by the other Subcommittees and the citizen
survey results to actively participate in the development of the task force final recommendations.
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Regional Transportation Task Force
Public Opinion / Education Subcommittee
Subcommittee Findings and Recommendations
Duties of the Subcommittee
1. Determine committee tasks, timelines and calendars.
2. Gather information from other subcommittees for use in a public education effort.
3. Prepare information for public education campaigns using various media
4. Prepare information pieces for public forum discussions on transportation issues
5. Participate in public forums as necessary
6. Facilitate a public opinion survey
7. Report consensus findings and recommendations to the Regional Transportation Task
Force (RTTF) Steering Committee on an ongoing basis with a final report.
Goals
• Educate the public on all aspects of public transportation and its effect in Coppell.
• Provide forums for public input
• Conduct a public opinion survey to gauge attitudes and the community's interest in
participating in local and regional transportation efforts.
Subcommittee Process
Starting in October 2002, the Subcommittee held regularly scheduled meetings to gather and
disseminate information. Educational topics were researched and defined, with materials
prepared and distributed from this effort. Various media, including the monthly City water bill
insert, replays of information forums on Cable Channel 73, the City of Coppell website, e-mail,
local and regional newspapers and hand-outs were used to disseminate information and gather
public input on transportation issues each month.
A series of Public Forums were held in February 2003 at Council Chambers to inform the public
about the various committee findings and to open the floor to comments and questions. While the
committee would not have all the answers to transportation issues, audience questions would
help the RTTF look into additional areas that might not have been covered. Informational displays
were also set up outside the Council chambers so citizens could review maps, pick up information
and visit with the task force members.
Coppell residents were chosen to participate in a telephone survey regarding their attitudes on
transportation issues. Raymond Turco and Associates were commissioned to administer the
survey that covered a cross section of city residents. The profile of respondents in the survey
were broken down by area, sex, age, length of residence and number of individuals in home who
currently work outside the home.
The results from the survey were tallied by Raymond Turco and Associates and were used to
formulate recommendations to the City Council from the RTTF.
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Survey of Attitudes about Regional Transportation Needs in Coppell - April 2003
conducted by Raymond Turco and Associates
Key Findings
• Overall, general attitude trend is that Coppell residents are interested in participating in some
sort of regional transportation system. A significant share of residents commute to work
outside of Coppell. Air quality and traffic congestion issues scored the highest in major
concern among residents. More than three-fourths of the sample either supported or strongly
supported participation by the city in DART (or a regional transportation authority) in order to
impact the decisions regarding the Cotton Belt railway line.
• Funding participation in a regional transportation system remains a cloudy issue. While fifty
five percent of respondents were likely to favor a one percent sales tax to join a regional
network, a high percentage did not want to redirect current sales tax revenues at this time.
The April 2003 report is presented in its entirety as a part of the supporting material.
Public Opinion / Education Subcommittee Recommendations
Based on the survey and evaluating resources we have gathered, absorbed and disseminated
throughout the RTTF cycle since our charge last fall, the Subcommittee makes the following
recommendations:
1. The City Council should continue to pursue membership in a regional transportation agency.
Participation could improve the city's posture in dealing with construction and operational
issues when the Cotton Belt line is developed for commuter or light rail usage.
2. The City Council should consider establishing a RTTF advisory board to keep the council
apprised on transportation issues within Coppell and the region and to continue to educate
the citizens of Coppell on those issues.
3. The City Council should begin to study placement of a rail station within the city. Several large
tracts of land are available on Belt Line Road across from the TXU Northlake Power Station
and another on the Southwest side of Belt Line Road at MacArthur. As an aside, the city
should enter into conversations with the owners of those tracts of land to determine if the
area could be developed into a rail station / retail / hotel / convention-type venue to enhance
these unused areas. The developer could be encouraged to contribute toward the rail station
costs if a benefit could be shown. A "Mockingbird Station" type of development would also
enhance city sales tax collections.
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Regional Transportation Task Force
Traffic Congestion & Mitigation Subcommittee
Subcommittee Findings and Recommendations
The Traffic Congestion & Mitigation Subcommittee offers the following report in response
to our charge.
Duties of the Subcommittee
1. Determine committee tasks, timeline, and calendar.
2. Review current traffic patterns
3. Review impact of planned and funded highway and road improvements.
4. Examine impact of commuter rail on local traffic patterns at grade verses grade
separated.
5. Explore the DART train station location options.
6. Explore transportation options and needed services.
7. Provide necessary and appropriate information to Public Education/Public Opinion
Subcommittee for use in their efforts.
8. Participate in public forums as necessary.
9. Report consensus findings and recommendations to RTTF Steering Committee on an
ongoing basis with final report by May 19, 2003.
Subcommittee Process
Review current traffic patterns.
According to traffic counts and maps provided by Coppell city staff, the heaviest traffic
occurs along Denton Tap and MacArthur and flows north to south in the mornings and the
reverse direction in the evenings. Approximately half the traffic flowing on these streets during
rush hour appears to be due to commuters from areas to our north passing through the city to
and from work destinations to our south.
The traffic signals have been, and continue to be, synchronized on Denton Tap to allow
maximum traffic flow while still allowing cars to enter the roadway. Traffic can frequently clear a
signal in one light sequence even during the heaviest traffic periods.
Population growth to the North of Coppell is expected to increase dramatically by 2025.
According to the North Central Texas Council of Governments (NCTCOG), Denton County is
expected to grow by as much as 145% by 2025. This population growth will continue to increase
traffic within Coppell city limits.
Review impact of planned and funded highway and road improvements.
Roadway projects currently scheduled are as follows:
• George Bush Turnpike will connect I-35E in Carrollton to IH 635 in Irving. The construction
began early in 2003 and is to be completed in 2006.
• SH121 and 121 Business mainlane construction has begun.
• Coppell has contested the state’s design for the 121 bottleneck from DFW north to 121
Business because there is no Sandy Lake Road exit. The city has not received a response
from TxDOT on the contest.
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• Once the above-mentioned project is completed, a diamond interchanged is planned for
Freeport as part of the 121 mainlane construction which is scheduled to begin in 2007.
• Planned improvement of Bethel Road, scheduled to begin in June 2003, will result in needed
improvements of the Freeport Parkway and Royal Lane intersections.
• I-35E is scheduled to be widened to 10 lanes from 121 to FM 407. The project is to begin in
2005, but funding has not been procured.
• These projects will provide alternatives for commuters who currently pass through Coppell
and improved mobility for some of our resident commuters. It is our opinion that these
planned improvements and additions to the highway system are not sufficient to keep pace
with expected population growth in the area, especially Denton County which will add
significantly to the pass-through traffic that impacts our Coppell traffic volume so much
already. We expect employment in areas of Denton County to our north to increase along
with the population growth in these areas including businesses along the frontage roads of
SH121. This will cause traffic volumes to increase south to north in the mornings, reversing in
the afternoons; causing significant rush hour traffic congestion on what is currently the lighter
side of traffic within Coppell.
Examine impact of commuter rail on local traffic patterns at grade verses grade separated.
The survey indicates that a small percentage of respondents report members of their
households commuting to destinations that are along the Cotton Belt rail line (see note at the
end of this section). This suggests that the commuter rail service will serve very few residents
of the city in their daily commute. To the extent that residents and pass-through commuters
would use the line, the location of the line along the southern edge of the city requires that
those accessing stations along the line drive through Coppell during rush hours in
combination with the heaviest traffic patterns already in use. The expected impact, therefore
is that the rail line will make traffic congestion in the city worse regardless of whether it is
grade separated or not.
It is critical to note that this line crosses the roadways identified as carrying the heaviest
traffic flows in the city at locations where the traffic volumes are heaviest during rush hours.
Trains during rush hour would block traffic flow at any grade crossings delaying all car traffic
on these streets. In addition, these delays will cause traffic signals to get off cycle resulting in
extended traffic back ups. It could take 3 to 4 light cycles for traffic patterns to recover after
the crossing gates reopen. Grade separation at intersections along the rail line would
eliminates these blockages and alleviate the back ups at these crossings.
Explore the DART train station location options.
DART and NCTCOG view the Cotton Belt as a viable east/west rail service from Addison
to DFW Airport as well as to Fort Worth. Although utilizing the Cotton Belt is not on DART’s
current plan, it is expected to be on the 2035 plan to be approved fall 2003. Scott Wheeler,
mayor of Addison, told the Task Force that Addison is working on obtaining private funding to
begin running commuter trains from Addison to DFW Airport within five years.
According to DART’s website, current plans call for rail stations on the Cotton Belt line at
I-35 at Beltline and at the northeast side of DFW Airport (SH-121 and I-635).
Also according to DART, park and ride locations need 1 acre per 100 cars, plus another
acre for buses or a train depot. The average DART park and ride station has 550 parking
spaces. Coppell, like Carrollton and Plano, is located at the boundary of the DART service
area and we should expect significant numbers of commuters from outside Dallas County to
use any station located within Coppell to access the rail line. This means that an average
size station is not likely to be adequate to serve this need. Carrollton’s Park and Ride station
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is the largest station in the DART system, according to the DART web site, with 1200 parking
spaces and no rail line, yet. Reports indicate Plano experiences significant traffic congestion
and parking problems in neighborhoods surrounding their DART rail stations due largely to
commuters from outside the DART service area accessing these stations.
In the survey, respondents reported very few members of their households commuting to
destinations that are likely to be along the Cotton Belt line. The largest share of users of
stations within Coppell would therefore be non-residents who do not currently drive through
Coppell to access their destinations as the Cotton Belt line is oriented east west while drive-
through traffic in Coppell is predominantly north south.
There is land for rail stations available within Coppell. There are 41.3 acres of
undeveloped land east of Denton Tap and north of Beltline (next to the Shake and Shingle
Supply Co.). Dallas County Appraisal District has the value at $1,961,140 (however, 29 acres
are valued at 50 cents per square foot while the correct value should be around $2 per
square foot, thus bringing the value to $3.75 million). There are several hundred acres at
Royal and IH 635 on the tax roll at about $1.40 per square foot. This is very near DART’s
proposed station on airport property at the north side of DFW Airport.
DART has “platform” stops at some locations along its current rail lines. Platform stops
allow access to the train but provide no parking. A platform location could be located in Old
Downtown Coppell, but serious parking concerns exist.
The Cotton Belt rail line will serve DFW Airport. Any station along the line represents an
alternative for travelers wishing to access the airport to avoid paying the parking fees there.
These fees range from $5 to $16 per day at current rates. For this reason, parking around
and within Cotton Belt stations will be under pressure from airport travelers seeking to save
this money in addition to the normal commuters that would access the line there. This parking
competes with one of the key revenue sources of the airport. Parking in neighborhoods
around stations without sufficient parking could result in significant inconvenience to
neighboring businesses and residents and enforcement cost for the city.
This subcommittee believes any rail station within, or near the city will bring additional
commuters from Denton County through the city adding to our traffic congestion issues while
doing little to serve the transportation needs of our residents.
Explore transportation options and needed services.
Any citizen of Coppell who commutes to the DART service area can contact DART to
arrange for vanpools without Coppell becoming a member city. The citizen can lease a
vehicle at a subsidized rate from DART and solicit riders to share in the cost.
The Central Business Districts of Dallas and Fort Worth are currently the primary areas
served by DART and Fort Worth’s T. The survey indicated while 40% of Coppell commuters
say that someone in their household works in Dallas, only 4% indicate downtown (although
37% said they would use the train to get downtown for sporting events). Insignificant numbers
of survey participants indicated members of their households work in Fort Worth (3%) or at
DFW Airport (2%).
Sixty-six percent of the survey respondents said they use their vehicles for work
purposes during the day, which would prohibit them from using mass transit regularly to
commute. A person who uses his or her vehicle during the workday must have the vehicle
with them at their work place. This is not currently possible if they leave it at home to take the
bus or train to work.
The survey showed 64% of the respondents thought it was the right time for Coppell to
participate in a regional transportation system, but only 35% favored redirecting sales tax to
fund the program.
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Note: In the survey, respondents reported members of their households commute to the
following locations that are to be served in part by the Cotton Belt line: Richardson/Plano/Frisco
(12%), HEB (8%), Addison/Farmers Branch (7%), Grapevine/Southlake/Keller area (7%), Fort
Worth (3%), and DFW Airport (2%). These numbers are somewhat misleading in that the
percentages represent numbers of respondents rather than numbers of household members.
Respondents reported multiple locations as destinations if more than one household member
commuted. 94% of respondents reported one or more persons working outside the home
including 46% reporting two and 6% reporting three. The percentages therefore total to 161%.
For this reason the 39% total represented by these numbers must be discounted. A reasonable
approach to relating these numbers to individual commuters is to divide by 1.61. The total is then
about 24%. The Cotton Belt rail line would not provide access to Frisco, Plano, Euless, Bedford,
Farmers Branch, Southlake, or Keller. It will only serve small parts of Richardson, Hurst, and Fort
Worth. A reasonably charitable estimate for the number of reported work destinations served
would be a fourth of the total or 6%. The fact stated above, that 66 percent report using their
vehicles for work purposes during the day means that a maximum of one third of these
commuters (2%) would expect to use the rail service. For this reason, we conclude that a small
percentage of Coppell residents are likely to expect to be served by the Cotton Belt commuter rail
service in their daily commute.
Traffic Congestion & Mitigation Subcommittee Recommendations
The Traffic Congestion and Mitigation Subcommittee presents the following list of
recommendations to the Coppell City Council. The pages following present a statement of action
required, detailed justification, expected benefits, drawbacks, and costs for each
recommendation.
Summary of Traffic & Mitigation Subcommittee Recommendations
1. If Coppell joins a transit authority, the authority must include Denton County.
2. Use the penny of sales tax that otherwise would be used to join a transit authority to
finance a bond issue to assist in building grade separation and/or sound mitigation
features along the Cotton Belt rail line.
3. Prioritize and fund plans to extend Freeport Parkway from Ruby north to SH121 to meet
the schedule for the diamond interchange to be built at SH121.
4. Develop a private consortium of area attractions (Opryland, Bass Pro Shop, Grapevine
Mills Mall, etc.) to create tour bus routes or trolleys connecting the DART Cotton Belt
station at DFW Airport and the area attractions to include Old Downtown.
5. Amend City Code of Ordinances, Section 7-2-8 to include traffic congestion and
environmental impacts of noise and air quality as criteria for evaluating the need for
grade separation at rail crossings of city streets.
6. Amend City Code of Ordinances, Section 7-2-9 & 7-2-12 to include a requirement for the
minimum amount of time between blockages of railroad crossings.
7. Amend City Code of Ordinances, Section 7-2-18 lowering the speed limit to 15 mph
during rush hour periods to reduce the gate closing time for each train crossing.
8. Establish ordinances and programs regulating private landscaping activities involving
equipment using gas-powered engines on ozone action days.
Detailed Recommendations
1. If Coppell joins a transit authority, the authority must include Denton County.
Actions Required
Council should pass a resolution to establish a position on this matter and direct its
representatives to work toward the formation of the required regional transit authority through
NCTCOG or other appropriate venues.
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Background and Justification
Based on the responses to our survey, our citizens believe that we should get involved in
public transportation, but on a regional basis including Denton and Tarrant Counties. The
respondents said they want to contribute to solving the problems and have a say in the
decisions involving transportation in the region. The survey shows that 75 percent of
respondents favor combining DART, the T, and Denton County Transit Authorities. There is
no current transit agency in the region that is in a position to satisfy Coppell’s needs. A new
regional agency will be required that is committed to serving commuters that cross the county
lines bordering Coppell. Coppell, being currently uncommitted, must decide to join or not join
a transit authority based on factors such as what is best for Coppell, its citizens, and the
region. The potential of Coppell holding an election on joining a transit authority creates a
one-time opportunity for the city to raise concerns and affect the political debate on the issues
of transportation policy within the region under the spotlight of publicity associated with a
political campaign. This opportunity to play a part in airing these issues has far more potential
impact than the tax contribution and ridership that membership of the city may ultimately
represent to any specific agency. It is highly likely that if we join DART as it exists now, we
will end up seeing our tax dollars used by DART to fund an anti-Regional Transit Authority
effort in the near future. This is exactly the opposite of what we in Coppell want and need.
If Coppell joins a transit authority, the authority should include Denton County because
this is the area that currently provides the most traffic in and through Coppell. Our reviews of
traffic patterns have shown that rush hour traffic in Coppell is predominantly north south with
a large and growing component of the traffic volume consisting of commuters passing
through the city from homes in areas in Denton County to our north. This pass-through traffic
is expected to grow with the expected 145% growth in population in these areas by 2025.
The survey also shows that 8% of Coppell commuters work in Denton County, which can be
expected to grow as well. Joining a transit agency such as DART that does not serve the
areas where these people live and work will do little to serve these commuters or affect rush
hour traffic problems within Coppell except to possibly make them worse. Experiences in
Plano and Carrollton suggest that DART service access points within Coppell would attract
additional commuters from outside DART’s service area seeking access to the transit
services not available within their own neighborhoods. Commuters who now drive to
Carrollton or Farmers Branch to access DART would be attracted to Coppell for this purpose
adding to our traffic density.
Expected Benefits
Coppell will be able to contribute to a transit solution that most directly affects the traffic
problems and transportation needs of our citizens and those who use our streets and roads.
Expected Drawbacks
Coppell will not be served by a transit agency until an agency meeting our needs is formed,
which could take a long time.
Expected Costs
One Time Costs: No specific one-time costs are expected.
Recurring Costs: The normal cost, between ¼ and 1 cent of sales tax revenue, will be
required to join a transit agency.
2. Use the penny of sales tax that otherwise would be used to join a transit authority to
finance a bond issue to assist in building grade separation and/or sound mitigation
features along the Cotton Belt rail line.
Actions Required
• City staff to research legalities of such use of sales tax money.
• Council to pass a resolution requesting the state legislature to provide any needed
authorization to use sales tax money for these purposes.
25
• Hold an election authorizing bonds and sales tax for this use.
• Council to authorize staff to use the funding proposal in negotiations with DART
regarding grade separation and sound isolation construction to be implemented when the
Cotton Belt line is activated for commuter rail use.
Background and Justification
It has been suggested that the best way for Coppell to affect decisions concerning the
Cotton Belt rail line is to join DART. This would require committing a full one-cent of sales tax
to pay for DART membership. Grade separation and noise mitigation will be important to the
city when the trains start to run along the Cotton Belt line. The survey results suggest that
few, if any, residents will use DART services and fewer still will use the Cotton Belt line. Why
join DART? The city could have even more impact on these issues and get more bang for
the buck by using the same tax money it would otherwise commit to DART to directly finance
part or all of the improvements and mitigations most critically needed within the city.
DART has told the task force that when it sets up its expected commuter rail service
along the Cotton Belt rail line it will use environmental impact studies and safety studies
along with other considerations to decide if street crossings will be grade separated and if
noise barrier walls or other noise mitigation features will be constructed. They also told us
that Coppell could choose to participate in the decision process and could affect these
decisions by contributing to the costs of constructing those features or amenities we feel are
needed if DART chose not to provide them. DART has also told us that joining the authority
would do little to assure that the city would get what it wants regarding grade separation or
noise abatement. There is some expectation that if the city brings money to the negotiating
table, DART will be more willing to pick up some or all of the costs for features we desire.
Grade separation, for example not only eliminates disruption of traffic on the streets, but also
allows the trains to go faster. The city must decide if it wants to join DART and hope DART
will choose to do what we feel is needed or the city can withhold its membership and use the
same money to make sure the needed improvements are done the way the city wants.
Because the Cotton Belt rail line crosses the busiest streets in the city at right angles at
grade and the Cotton Belt rail line does not go where the greatest share of commuters using
these streets are going, the expected impact of DART using the rail line for commuter trains
would be a major disruption of traffic in the city during rush hour periods unless the crossings
are grade separated. The Cotton Belt line has eight grade crossings within the city and is
adjacent to numerous residential and business properties meaning that noise from the trains
and their horns are potentially major concerns. Grade separation eliminates the need for a
train to sound its horn for each street crossing. Noise isolation walls or quiet zone crossings
are desirable along sections of the right of way, especially where grade separation cannot be
justified. Coppell is much more likely to be able to get these features incorporated into
DART’s plans for the Cotton Belt line if the city is at least in part prepared to pay for them.
Expected Benefits
• Getting the Cotton Belt out of the way of traffic in Coppell.
• Reducing noise and protecting property values for residents and businesses along the
right of way.
• Giving Coppell a better negotiating position regarding plans for use of the Cotton Belt.
• When the improvement bonds are retired, the tax can be eliminated of used for other
needs rather than being permanently committed to DART.
Expected Drawbacks
Use of the sales tax revenue for Cotton Belt improvements precludes other uses.
Expected Costs
One Time Costs: None
Recurring Costs: Up to $3.6 Million/Yr. (1 cent of sales tax)
26
3. Prioritize and fund plans to extend Freeport Parkway from Ruby Road north to
SH121 to meet the schedule for the diamond interchange to be built at SH121.
Actions Required
Council to approve and include the project in a future bond election.
Background and Justification
If Freeport Parkway was extended, this committee believes many commuters from our north
would utilize Freeport Parkway to access points to the south, thus reducing the growing pass-
through traffic pressure on Denton Tap and MacArthur during rush hour.
Expected Benefits
• Reduce rush hour traffic demand on Denton Tap and MacArthur.
• Improve traffic flow for Coppell residents using Denton Tap and MacArthur.
• Reduce or delay maintenance and improvements required to Denton Tap and MacArthur
due to reduction in the growth in their usage.
• Improved access for businesses along this corridor to SH121.
Expected Drawbacks
Increased one time cost to the city, which might otherwise be shifted to developers.
Expected Costs
One Time Costs: TBD
Recurring Costs: None
4. Develop a private consortium of area attractions (Opryland, Bass Pro Shop,
Grapevine Mills Mall, etc.) to create tour bus routes or trolleys from the DART Cotton
Belt station at DFW Airport and the area attractions to include Old Downtown.
Actions Required
City staff to work with private interests to develop a plan for the proposed service through the
formation of a private cooperative with city support.
Council pass a resolution expressing support for such a plan.
Background and Justification
Connecting the stated attractions to the rail station and the airport to provide convenient
access for both rail and air travelers to the attractions will enhance traffic and attendance at
the attractions. Tying the attractions together could benefit all the attractions by allowing
them to leverage their exposure off of one another as a group. This would be similar to the
private shuttle busses run by businesses in Dallas’s West End that carry patrons to and from
the American Airlines Center.
Expected Benefits
Improved business traffic and exposure for the Old Downtown development.
Private funding and development would carry the costs while binding the businesses into a
strategic alliance.
Expected Drawbacks
Parking and airport access could become problems for each of the attractions, as the free
parking at each of the attractions coupled with the easy access of the shuttle to the airport
would compete with airport parking revenue as well as remote parking services in the area.
Parking enforcement at Old Downtown could become a problem for this reason. The city
must be sensitive to the issue of airport travelers avoiding parking fees by using the parking
at the attractions served by the proposed shuttle service.
27
Expected Costs
One Time Costs: None
Recurring Costs: Parking enforcement.
5. Amend City Ordinance, Section 7-2-8 to include traffic congestion and environmental
impacts of noise and air quality as criteria for evaluating the need for grade
separation at rail crossings of city streets.
Actions Required
Council to amend the Code.
Background and Justification
City Ordinance, Section 7-2-8 states that public safety is the only issue to be considered
in the evaluation of grade separation at street-railway intersections. This should be amended
to add considerations of traffic congestion and environmental impacts of noise and air quality.
Rail-street grade crossings have the potential to disrupt traffic patterns causing congestion,
increased air pollution due to start and stop traffic associated with the traffic congestion, and
noise associated with the warning horns that are sounded by trains approaching the
crossings. Under the current code, the issues of traffic congestion, air quality, or train horn
noise are not to be considered in the city’s negotiations with rail operators regarding grade
crossings or grade separation at locations where streets cross rail lines. Adding these criteria
will empower city staff to raise these issues with rail operators, which is not currently allowed.
Expected Benefits
More negotiating power with rail operators to encourage grade separation.
Expected Drawbacks
None
Expected Costs
One Time Costs: None
Recurring Costs: None
6. Amend City Code of Ordinances, Section 7-2-9 & 7-2-12 to include a requirement for
the minimum amount of time between blockages of railroad crossings.
Actions Required
Council to Amend the City Code.
Background and Justification
The current code sections address the maximum time for blockage of a crossing by the
railroad, but does not require any minimum time for the crossing to be open to traffic on the
crossing street or walkway. There is no assurance that the railroad must allow for any traffic
flow on the crossing street or walkway at all as long as the gates go up for some infinitesimal
period of time every five minutes or less. If DART’s schedule calls for three trains an hour
from the east to arrive at the airport during peak periods, this means that the trains will cross
Coppell streets three times an hour going west and the returning trains must cross three
times an hour going east since the line is not a loop. There is no assurance that the trains
will be evenly spaced in time. This could result in the gates going up after the passage of
one train then seconds later going right back down for another train to pass in the opposite
direction without allowing any cars on the street to cross the tracks. This is especially likely if
more than one track is involved.
The regulation is intended to allow cars on the street a fair opportunity to cross the
intersection. In addition, it will reduce the impact of grade crossing closures on traffic
congestion and the consequential emissions of stop and start traffic at these crossings. This
task force believes no more than 5 minutes of blockage of a crossing by the crossing gate or
28
a train in any 20-minute period would be an appropriate amount of time for traffic to flow while
allowing adequate train traffic.
Expected Benefits
• Reduced delays at railroad grade crossings
• Reduced emissions
• Likely to encourage grade separation at railroad expense
Expected Drawbacks
None
Expected Costs
One Time Costs: None
Recurring Costs: None
7. Amend City Ordinance, Section 7-2-18 lowering the speed limit to 15 mph during
rush hour periods to reduce the gate closing time in advance of each train crossing.
Actions Required
Council to amend the code.
Background and Justification
The amount of time that a grade crossing is blocked for the passage of a train is
dominated by the stopping time of the train. Federal requirements and accepted practice are
that the gates must be closed a sufficient time before the train enters the crossing so that the
train can come to a full stop before entering the intersection from its maximum possible
speed carrying the maximum load in the maximum number of cars. Reducing the speed limit
for trains entering grade crossings will reduce the stopping distance for the trains, which have
already slowed to comply with the reduced speed limit, and thus reduce the time the gates
are down. Commuter trains are short and will actually block the intersection for a very short
time compared to the lead-time at virtually any speed. Since the Cotton Belt rail line is used
for freight, the stopping distance that controls the gate closing time must be based on freight
train usage even though commuter trains do not take as long to stop. Reducing the speed
limit will reduce the stopping distance for the trains and thus the time the crossing gates need
to be closed for each train crossing. This will reduce the impact on crossing automotive
traffic at train crossings and thus improve traffic flow in the city.
The current ordinance calls for a 20 MPH speed limit. The following table presents a
comparison of the gate closing times for trains based on the speeds traveled assuming a
200-foot long train crossing a 110-foot right of way. The stopping distance is calculated based
on reported freight train stopping distance data from a search of government railroad web
sites. The gate-closed period is the sum of the time for the train to travel the stopping
distance plus the time to cross the intersection at the speed limit. As the table shows the
reduction to 15 MPH reduces the gate-closed period by 15% versus 20 MPH.
Train Speed
Stopping Distance
Crossing Time
Crossing Gate Closed
Period
30 MPH 3025 feet 7.1 sec. 75.8 sec
20 MPH 1346 feet 10.6 sec. 56.5 sec.
15 MPH 756 feet 14.1 sec 48.5 sec.
A recent federal court decision concerning an attempt by Abilene to control the speed of
trains within their city has been brought up to indicate that Coppell cannot do this. It is not
clear that the Abilene case involved grade crossing speeds or open line speeds. It is clear
that a city or state cannot overrule federal regulation of rail operations on the open line, but
the Coppell ordinance speaks only of the speed of the trains entering grade crossings.
29
Expected Benefits
• Reduce congestion at grade crossings
• Reduced air pollution due to traffic congestion
• Encourage grade separation at railroad expense.
Expected Drawbacks
None
Expected Costs
One Time Costs: None
Recurring Costs: None
8. Establish ordinances and programs regulating private landscaping activities involving
equipment using gas-powered engines on ozone action days.
Actions Required
Council to draft and pass ordinances.
Background and Justification
The small gasoline powered engines used in landscaping emit hydrocarbon and oxides of
nitrogen pollutants far in excess of those emitted by automobiles in proportion to their size.
Their use on ozone action days contributes to the potential for violation of clean air standards
for ozone in the region. Government agencies including Coppell’s Parks department already
restrict the use of such equipment on ozone action days to after 10:00AM. The
recommended ordinances would extend this policy to private landscape maintenance
operators working within the city.
Meeting clean air standards is important to transportation due to the potential loss of
federal highway funds for transportation associated with failure to meet ozone standards.
This withholding of federal highway funds would likely cause an aggravation of the traffic
congestion problems in the area. For this reason, any steps the city can take that reduce air
pollution improve the availability of transportation funding and thus transportation in the area.
Expected Benefits
Help the area meet clean air standards.
Expected Drawbacks
Enforcement would burden police and other city officials.
Expected Costs
One Time Costs: Publicity and public education
Recurring Costs: Enforcement
30
DEPT: Jim Witt
DATE: June 10, 2003
ITEM #: 7
AGENDA REQUEST FORM
ITEM CAPTION: Presentation by Yanling Tang regarding sewer fees.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: !Sewerfee
DATE: June 10, 2003
ITEM #: 8
AGENDA REQUEST FORM
CITIZENS' APPEARANCES
ORDINANCE NO. 2001-964
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND
PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE
FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR
CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting City
Council Meetings," be, and the same is hereby, amended to read as follows:
"ARTICLE 1-10
RULES, TIMES AND PROCEDURES FOR CONDUCTING
CITY COUNCIL MEETINGS
". . .
1-10-6.2.1 CITIZENS APPEARANCE
Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign
a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers,
and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting.
Each speaker must state his or her name and address of residence. Presentations by individuals during the
"Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for
an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a
cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who
signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the
provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor,
individual, group or corporation (Charter Article 3, Section 3.12).
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork
DEPT: City Secretary
DATE: June 10, 2003
ITEM #: 9/A
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of minutes: May 27, 2003.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: %minutes
CM052703
Page 1 of 7
MINUTES OF MAY 27, 2003
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, May 27, 2003, at 5:30 p.m. in the City Council Chambers of Town
Center, 255 Parkway Boulevard, Coppell, Texas. The following members were
present:
Doug Stover, Mayor
Jayne Peters, Mayor Pro Tem
Tim Brancheau, Councilmember
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Thom Suhy, Councilmember
Bill York, Councilmember
Councilmember Raines was absent from the meeting. 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 Stover called the meeting to order, determined that a quorum was
present and convened into Work Session.
WORK SESSION (Open to the Public)
2. Convene Work Session
A. Discussion regarding Board/Commission Appointment
Schedule.
B. Discussion regarding appointments to Council
Committees.
C. Discussion regarding Agenda for Citizen Summit.
D. Discussion regarding Farmer's Market.
E. Discussion regarding Bethel and Coppell Roads Design
Contract.
F. Discussion of Agenda Items.
CM052703
Page 2 of 7
REGULAR SESSION (Open to the Public)
3. Invocation.
Ruth Ellen Dean, Director of Religious Education at St. Ann Parish, led
those present in the Invocation.
4. Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
5. Presentation to Kristine Fichtner, Coppell Woman of the Year
2003.
Presentation:
Mayor Stover recognized Kristine Fichtner as the Coppell Woman of the
Year 2003 and presented a plaque to her.
6. Consider approval of a proclamation naming Friday, May 30,
2003 as Cowboys Hockey Team Appreciation Day, and
authorizing the Mayor to sign.
Presentation:
Mayor Stover read the proclamation for the record and presented the
same to the hockey players present.
Action:
Councilmember Tunnell moved to approve a proclamation naming
Friday, May 30, 2003 as Cowboys Hockey Team Appreciation Day.
Councilmember York seconded the motion; the motion carried 6-0 with
Mayor Pro Tem Peters and Councilmembers Brancheau, Tunnell, Faught,
Suhy and York voting in favor of the motion.
7. Consider approval of a Proclamation naming June 7, 2003 as
Coppell Farmers Market Day, and authorizing the Mayor to
sign.
CM052703
Page 3 of 7
Presentation:
Mayor Stover read the proclamation for the record and presented the
same to David Gillis.
Action:
Mayor Pro Tem Peters moved to approve naming June 7, 2003 as Coppell
Farmers Market Day. Councilmember Tunnell seconded the motion; the
motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers
Brancheau, Tunnell, Faught, Suhy and York voting in favor of the
motion.
8. Presentation by Melvin Gross regarding fence between Coppell
High School and Lot 9, Cottonwood Estates.
Dr. Melvin Gross made a presentation regarding the fence between the
Coppell High School and his property.
9. Citizen's Appearances.
A. Larry Wheeler, 718 Swallow Drive, spoke to Council regarding
political endorsements.
CONSENT AGENDA
10. Consider approval of the following consent agenda items:
A. Consider approval of minutes: May 13, 2003.
B. Consider approval of a resolution authorizing an
Interlocal Cooperation Contract and participation in the
Metroplex Electrical Licensing Agency, and authorizing
the Mayor and City Manager to sign.
C. Consider approval of an ordinance amending Article 8-3
Parking, Section 8-3-1(A) of the Code of Ordinances for
the City of Coppell to prohibit parking, stopping or
standing at all times on the east side of Coppell Road in
its entirety from its point of intersection with Bethel
CM052703
Page 4 of 7
Road southward to its point of intersection with
Southwestern Blvd.; and authorizing the Mayor to sign.
D. Consider approval of a resolution authorizing the transfer
of all available Community Development Block Grant
funds from Fiscal Year 2000, in the estimated amount of
$19,034, for the installation of an eight-inch water line
and fire hydrants within the Golden Triangle Mobile
Home Park and authorizing the City Manager to execute
the necessary documents for such funds; and authorizing
the Mayor to sign.
E. Consider approval of awarding Bid/Contract #Q 0403-01
to Site Concrete, Inc. for the construction of the
Meadowcreek / Rolling Hills Water Line Installation
Project in an amount of $351,700 as provided for in water
and sewer funded projects; and authorizing the City
Manager to sign.
F. Consider an award of a purchase order to Jim Lea &
Associates, Inc., in an amount not to exceed $65,955.00
as budgeted, for the purchase and installation of
Playground Equipment at The Duck Pond Park, and
authorizing the City Manager to sign.
G. Consider approval of revisions to the Parks and
Recreation Department Policy for Criminal Background
Checks of Adult Volunteers for Organizations in the City
of Coppell.
Councilmember Tunnell moved to approve Consent Agenda Items A; B carrying
Resolution 2003-0527.1; C carrying Ordinance No. 2003-1035; D carrying
Resolution No. 2003-0527.2; E; F and G. Councilmember Faught seconded the
motion; the motion carried 6-0 with Mayor Pro Tem Peters and
Councilmembers Brancheau, Tunnell, Faught, Suhy and York voting in favor of
the motion.
11. Consider approval of entering into a contract with Freese and
Nichols, Inc. for the design of Bethel Road from Denton Tap
Road to Freeport Parkway and Coppell Road from Bethel Road
north to Cooper Lane in an amount not to exceed $508,300 as
CM052703
Page 5 of 7
provided for in CIP Funds; and authorizing the City Manager to
sign.
Presentation:
City Manager Jim Witt made a presentation to the Council.
Action:
Councilmember York moved to approve a contract with Freese and
Nichols, Inc. for the design of Bethel Road from Denton Tap Road to
Freeport Parkway and Coppell Road from Bethel Road north to Cooper
Lane in an amount not to exceed $508,300 as provided for in CIP Funds;
and authorizing the City Manager to sign. Councilmember Suhy
seconded the motion; the motion carried 6-0 with Mayor Pro Tem Peters
and Councilmembers Brancheau, Tunnell, Faught, Suhy and York voting
in favor of the motion.
12. Consider appointing an elected official to the North Central
Texas Council of Governments’ Emergency Preparedness
Planning Council.
Action:
Councilmember Tunnell moved to approve the appointment of Thom
Suhy to the North Central Texas Council of Governments' Emergency
Preparedness Planning Council. Councilmember York seconded the
motion; the motion carried 6-0 with Mayor Pro Tem Peters and
Councilmembers Brancheau, Tunnell, Faught, Suhy and York voting in
favor of the motion.
13. Consider appointments to Council Committees.
Action:
Mayor Pro Tem Peters moved to approve the following appointments:
Carrollton/Farmers Branch ISD/Lewisville ISD - Thom Suhy
Coppell ISD - Diana Raines and Bill York
Coppell Seniors - Bill York
Dallas Regional Mobility Coalition - Jayne Peters
Economic Development Committee - Tim Brancheau and Jayne Peters
Metrocrest Hospital Authority - Marsha Tunnell
CM052703
Page 6 of 7
Metrocrest Social Service Center - Tim Brancheau
NCTCOG - Marsha Tunnell
North Texas Commission - Marsha Tunnell
Senior Adult Services - Thom Suhy
Town Center/Architectural Committee - Billy Faught
Trinity River Common Vision Commission - Billy Faught
Trinity Trail Advisory Commission - Diana Raines
Councilmember York seconded the motion; the motion carried 6-0 with
Mayor Pro Tem Peters and Councilmembers Brancheau, Tunnell, Faught,
Suhy and York voting in favor of the motion.
14. Necessary action resulting from Work Session.
There was no action necessary under this item.
15. City Manager's Report.
A. Legislative Update.
City Manager Jim Witt updated Council on SB 823 (sales tax) stating
that HB 2524 has been incorporated into SB 823; HB 104 (super
Freeport bill); HB 3223 (property tax cap); HB 1606 (ethics legislation);
and the handgun legislation.
16. Mayor and Council Reports.
A. Report by Councilmember York regarding Graduation.
B. Report by Councilmember York regarding Recreation
Center.
A. Councilmember York advised that the Coppell High School
graduation would be held on June 7th at the North Texas
Collesium.
B. Councilmember York reminded everyone that the outdoor pool at
the aquatics/recreation center was now open.
17. Necessary Action Resulting from Executive Session.
There was no action necessary under this item.
CM052703
Page 7 of 7
There being no further business to come before the City Council, the meeting
was adjourned.
____________________________________
Douglas N. Stover, Mayor
ATTEST:
______________________________________
Libby Ball, City Secretary
DEPT: Engineering/Public Works
DATE: June 10, 2003
ITEM #: 9/B
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of amending the contract with Turner Collie and Braden, Inc. for the design of Deforest Road
and Sandy Lake Road Lift Stations and Force Main Improvements in an amount of $70,365 as provided for in
water/sewer CIP funds; and authorizing the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
This agreement will allow the redesign of the force main to provide an alternate bid to tunnel/bore the majority of
MacArthur Blvd. from Deforest Rd. to Sandy Lake Rd. This should preserve the majority of the existing trees and
landscaping within the median from Deforest Rd. to Sandy Lake Rd. This revision could also result in a less
expensive construction cost when compared with open cutting the median and replacing all irrigation, landscaping
and trees.
Staff recommends approval of this amendment to the contract and will be available to answer any questions at the
Council meeting.
FINANCIAL COMMENTS: Funds have been allocated in the water/sewer self funded CIP accounts.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: #LiftStation1-AR
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To: Mayor and City Council
From: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
Date: June 10, 2003
RE: Consider approval of amending the contract with Turner, Collie and Braden,
Inc. for the design of Deforest Road and Sandy Lake Road Lift Stations and
Force Main Improvements in an amount of $70,365 as provided for in
water/sewer CIP funds; and authorizing the City Manager to sign.
In June 2000, the City of Coppell entered into a design contract with Turner, Collie and Braden
in the amount of $405,863 for the design of a new lift station at Deforest Road, a modification of
the existing lift station on Sandy Lake Road, the design of a new force main along MacArthur
Blvd. from the Deforest Rd. Lift Station to the Sandy Lake Rd. Lift Station, and the design of an
additional force main from the Sandy Lake Rd. Lift Station south to Belt Line Road. During the
design phase, the City of Coppell tried to be sensitive to the existing trees and landscaping
within the median of MacArthur Blvd. from Deforest Rd. to Sandy Lake Rd. However, the only
corridor available to install a force main is within the existing median. A force main does not
have to be a gravity flow system, so therefore it can be installed shallower than a normal gravity
sewer system. With the existing utilities in MacArthur Blvd., both along the roadway and
crossing the roadway, the design is such that there are numerous bends within the proposed force
main to go either over or under existing utilities. Also, in an attempt to save numerous trees
along the area, we have instructed the design consultant to specify boring in numerous locations
along MacArthur Blvd. We have also included numerous bends in the design to go around
existing trees and improvements.
The design of the original project is nearing completion. In discussions with the consultant, it
has been noted several times that we are concerned with the design of the force main because of
its impact on existing improvements and if there are there any other options available. The
consultant has researched various options and is recommending that the City explore the
possibility of using directional drilling on this project. Directional drilling is a technique that
you see throughout the City of Coppell utilized by the various utility companies to install their
conduit. It is a technique that has evolved expeditiously in the last few years so that there is
greater control over the drilling both in depth and in location.
We have visited with a contractor and reviewed the equipment and the operation and we have
visited with a vendor to review the type of material that would be utilized in a directional-boring
concept. Using directional boring on this project allows us the opportunity to bore beneath long
sections of MacArthur Blvd. without disturbing the surface area. The line would be
approximately 20-25 feet deep. The pipe material is a polyethylene and should not need
maintenance, therefore, the depth is not a concern.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
The concept of directional boring intrigues me and quite possibly gives the City the opportunity
to construct this project without the removal of large amounts of trees, landscaping and
irrigation. To utilize the concept of directional boring, the construction plans need to be revised.
The original concept is nearing completion, therefore, to change the construction concept prior to
the bidding of the project requires a redesign of the project. Approximately 40 sheets of the
construction plans need to be revised to show the concept of directional boring as opposed to
open cut.
If this amendment to the contract is approved, then we have instructed Turner, Collie and
Braden, Inc. to retain the original design, create an alternate design with the directional boring
and then bid both designs. This will give us the opportunity to compare cost differentials
between the two concepts. The consultant has estimated that the directional boring construction
could potentially be several hundred thousand dollars less expensive than the open cut concept.
The majority of this estimated cost savings is associated with labor, and replacement of existing
trees, irrigation, landscaping, etc. The actual material utilized in the directional boring is higher
priced on a per/foot basis as opposed to the material that would be utilized in an open cut
method.
Bidding both concepts will give a true representation of the cost differential. Even if the
directional boring does bid slightly higher than the open cut, I would probably still recommend
that directional boring concept because of the opportunity to preserve the existing irrigation,
trees and landscaping along the median of MacArthur Blvd.
Staff recommends approval of the amendment to the contract with the consultant in the amount
of $70,365 . Staff will be available to answer any questions at the Council meeting.
DEPT: Engineering/Public Works
DATE: June 10, 2003
ITEM #: 9/C
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a Development Agreement between the City of Coppell and the United States Postal Service
for the construction of ingress and egress to USPS property from Bethel School Road generally consisting of new
driveways and the removal of existing driveways; and consider approval of a Resolution authorizing the City
Manager to execute the Development Agreement; and authorizing the Mayor to sign the Resolution.
GOAL(S):
EXECUTIVE SUMMARY:
This agreement will allow the reconfiguration of ingress/egress to the Post Office property off of Bethel School
Road to allow for a safer traffic flow.
Staff recommends approval of this agreement and will be available to answer any questions at the Council
meeting.
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: #USPS-1AR
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To: Mayor and City Council
From: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
Date: June 10, 2003
RE: Consider approval of a Development Agreement between the City of Coppell
and the United States Postal Service for the construction of ingress and egress to
USPS property from Bethel School Road generally consisting of new driveways
and the removal of existing driveways; and consider approval of a Resolution
authorizing the City Manager to execute the Development Agreement; and
authorizing the Mayor to sign the Resolution.
During the design of the reconstruction of Bethel School Road, from Denton Tap Rd. to Heartz
Rd., it was determined that this could be an opportunity to reconfigure access to the United
States Postal Service (USPS) to provide for safer ingress/egress. The existing driveway off of
Bethel School into the USPS is located close to the intersection of Denton Tap Rd. In the
morning while cars are queued up on Bethel School waiting to enter Denton Tap Rd., there are
also vehicles trying to exit the USPS. Those cars pull out into Bethel School Rd. blocking the
eastbound traffic. Because of the proximity of the driveway to Denton Tap Rd., in a very short
time cars are backed up along Bethel School Rd. into the Denton Tap Rd. intersection.
The reconstruction of Bethel School Rd. gives us a unique opportunity to attempt to address the
access to the USPS. With that being one of the goals of the project, I met with the Postmaster to
discuss various alternatives. In our initial conversations, there was some discussion about
moving the driveway away from Denton Tap Rd., however, only a minor distance of
approximately 100 feet. The current driveway is approximately 100 feet east of Denton Tap Rd.
This would place the driveway approximately 200 feet east of Denton Tap Rd. Given the
amount of traffic that queues up in the mornings, it still would be difficult to exit the Post Office
in the a.m. hours.
Subsequent to the initial meeting, I visited the site to ascertain what would be the optimum
solution to the problem. USPS regulations do not allow the postal trucks to mix with the citizen
access to the USPS. Therefore, the eastern most driveway to the USPS is strictly for the postal
vehicles to gain access to the rear of the building. It was my goal to utilize that drive opening as
a citizen access to the Post Office. That drive opening is approximately 300 feet east of Denton
Tap Rd. In looking at the characteristics of the existing easternmost drive utilized by the postal
vehicles, it was apparent that the trucks were having a difficult time maneuvering through the
two ninety-degree turns and were jumping the curb and rutting out the landscaped area. In
walking the area, it was apparent that a straight driveway off of Bethel School Road could be
provided to the rear of the Post Office to allow the trucks and postal vehicles entering the USPS
to drive directly into the dock area. The location of that driveway would be approximately 50
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
feet east of the current easternmost driveway. I know the description of the location of the
current driveways is somewhat confusing but the exhibit attached to the Resolution clearly
shows proposed and existing driveway locations.
After I had determined that there was an opportunity to utilize the easternmost driveway for
citizen access to the USPS and construct a new driveway for postal vehicles, an exhibit was
prepared and provided to the USPS administrative office. A meeting was held with the Manager
of Administrative Services for the USPS. It was my hope coming out of that meeting that the
USPS would be receptive to paying for approximately one-half the cost of the driveway
relocations. My current estimate is approximately $35,000 for the driveway modifications.
However, on May 23, 2003 I received correspondence from the USPS, that in essence, states that
they would allow the driveway modifications, however, the cost of the modifications would need
to be funded in total by the City of Coppell. While I am disappointed that the USPS has chosen
not to participate financially, I am still of the opinion that the relocation of the driveways
provides much safer access to and from the USPS for the citizens of Coppell. Also, the
relocation of the driveways will greatly reduce the opportunity for vehicles entering and exiting
the USPS to impede the traffic flow on Bethel School Rd.
Therefore, staff is in favor of the approval of the development agreement between the City of
Coppell and the USPS for the construction of ingress and egress to the USPS property from
Bethel School Road consisting of new driveways and the removal of existing driveways.
Staff will be available to answer any questions at the Council meeting.
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS AUTHORIZING ENTERING INTO A
DEVELOPMENT AGREEMENT WITH THE UNITED STATES POSTAL
SERVICE, WHICH IS ATTACHED HERETO AND INCORPORATED
HEREIN BY REFERENCE AS EXHIBIT "A"; AUTHORIZING THE
CITY MANAGER TO EXECUTE SUCH AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Coppell ("City") and the United States Postal Service ("USPS")
desire to enter into a development agreement for the purposes of modifying and constructing a
public roadway within the City, being Bethel Road; and
WHEREAS, points of ingress and egress are on USPS property adjacent to said road; and
WHEREAS, the City and USPS have determined that it is within their mutual benefit
and interest to enter into an Agreement in performing their respective governmental functions;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
Section 1. That the City Manager is authorized to execute the Development Agreement
by and between the City of Coppell and the United States Postal Service, which is attached
hereto and incorporated herein as Exhibit "A".
Section 2. EFFECTIVE DATE. This resolution 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 and approved by the City Council of the City of Coppell, Texas, on this
the _______ day of _______________, 2003.
APPROVED:
____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 6/2/03) (56666)
____________________________________________
Agreement - Page 1 55958
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DALLAS §
\
AN AGREEMENT BY AND BETWEEN THE UNITED STATES POSTAL
SERVICE (HEREINAFTER "USPS") AND THE CITY OF COPPELL, TEXAS, A
HOME RULE MUNICIPAL GOVERNMENT IN THE STATE OF TEXAS
(HEREINAFTER "CITY");
WHEREAS, the respective parties desire to enter into a development agreement
(hereinafter "Agreement") concerning the modification and construction of a public roadway
within the City of Coppell, Texas; and
WHEREAS, the points of ingress of egress are on USPS property adjacent to said road,
being Bethel School Road; and
WHEREAS, the parties have agreed on the location of certain ingress and egress from
and onto the City street and USPS property and the sharing of cost of that relocation and
maintenance of right-of-way; and
WHEREAS, the City and the USPS have the ability to enter into a consensual and
contractual agreement in performing their respective governmental functions; and
WHEREAS, the City and USPS have determined that it is within their mutual benefit
and interest to enter into this Agreement;
NOW, THEREFORE, this Agreement is hereby made and entered into by the City and
the USPS for the consideration stated herein subject to the terms and conditions, which shall be
as follows:
1. Both the City and the USPS acknowledge and agree that the City is reconstructing
Bethel School Road, which includes widening of the current roadway, which shall be
encompassed by reconstruction, including paving, the placement of a left turn lane, and
providing new driveways as points of ingress and egress to the USPS site, collectively referred to
as the "Bethel School Road Reconstructive Project," as depicted, in part, on Exhibit "1", which is
attached hereto and incorporated herein by reference.
2. All expenditures for the paving of the Project, which is a governmental function,
including the cost of reconstruction of the ingress and egress as provided in Exhibit "A"; will be
funded by the City, with the consent of the USPS.
____________________________________________
Agreement - Page 2 55958
3. The USPS hereby consents to the City's construction of new ingress and egress to
USPS property from Bethel School Road, as depicted on Exhibit "A," generally consisting of
new driveways in the total area of 918 S. Y. (183 + 98 + 637) and the removal of existing
driveways in the total area of 476 S.Y. (57 + 37 + 132 + 250). USPS hereby agrees to the
resodding of the non-paved area after the removal of the existing driveways, as depicted on the
attached Exhibit "A."
4. The USPS further agrees, as consideration of this Agreement, to maintain all the
resodded areas as part of the on-going maintenance and operation of its real property located at
951 Bethel School Road and as otherwise depicted on Exhibited "A."
5. The obligations and undertakings of each of the parties of this Agreement are and
shall be performed in Dallas County, Texas. The validity of the Agreement and any of its terms
or provisions, as well as the rights and duties of the parties, shall be governed by the law of the
State of Texas; and any venue for any action concerning this Agreement shall be in Dallas
County, Texas. In the event of any disagreement or conflict concerning the interpretation of this
Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories
agree to submit such disagreement to mediation.
6. This Agreement shall become a binding obligation on the signatories upon
execution by all signatories hereto. The City warrants and represents that the individual
executing this Agreement on behalf of the City has full authority to execute this Agreement and
bind the City to the same. The USPS warrants and represents that the individual executing this
Agreement on behalf of the USPS has full authority to execute this Agreement and bind the
USPS to the same.
7. This Agreement may not be assigned. It embodies the entire agreement between
the parties and may not be amended or modified except in writing and signed by the signatories
hereto or their heirs, successors and assigns.
8. This Agreement shall be filed in the deed records of Dallas County, Texas.
____________________________________________
Agreement - Page 3 55958
EXECUTED on this ________ day of _____________________, 2003.
CITY OF COPPELL, TEXAS UNITED STATES POSTAL SERVICE
By: ____________________________ By:
Jim Witt ____________________________________
City Manager Its:
ATTEST: ATTEST:
Libby Ball ____________________________________
City Secretary Its:
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: ________________________________ By:
Robert E. Hager
______________________________
City Attorney Its:
____________________________________________
Agreement - Page 4 55958
CITY’S ACKNOWLEDGEMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of
_____________________, 2003, by Jim Witt, City Manager of the City of Coppell, Texas, a
Texas Home Rule municipality, on behalf of said municipality.
Notary Public, State of Texas
(Seal)
USPS' ACKNOWLEDGEMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of
_____________________, 2003, by ________________________, ____________________ of
the United States Postal Service, a governmental entity, on behalf of said entity.
Notary Public, State of Texas
(Seal)
DEPT: Planning
DATE: June 10, 2003
ITEM #: 9/D
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Ordinance changing the street name of State Road to Freeport Parkway between Ruby and
Sandy Lake Roads, effective January 1, 2005, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
On April 17, 2003, the Planning and Zoning Commission unanimously approved this street name change (6-0).
On May 13, 2003, Council unanimously approved this request (7-0), effective 1/1/05.
Staff recommends approval.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: @State to Freep't PkwyO 1-AR(Con)
1 56518
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
RENAMING STATE ROAD, BEING A PUBLIC ROAD EXTENDING
APPROXIMATELY 4000 FEET FROM RUBY ROAD TO SANDY LAKE
ROAD, AS DEPICTED ON EXHIBIT “A” ATTACHED HERETO AND
INCORPORATE HEREIN BY REFERENCE, TO FREEPORT
PARKWAY; DIRECTING THE TRAFFIC ENGINEER TO CHANGE THE
NAME OF SAID PORTION AND ERECT SIGNAGE REFLECTING THE
SAME; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, State Road is a two-lane unimproved road extending approximately 4000
feet from Ruby Road to Sandy Lake Road and is depicted on the Comprehensive Plan as being
suitable for expansion and extension of Freeport Parkway; and,
WHEREAS, a recent extension of Freeport Parkway now directly connects Freeport to
State Road; and
WHEREAS, the City Council of the City has determined that it would be in the public
interest to rename State Road as depicted on Exhibit “A”, which is attached hereto and
incorporate herein by reference, to Freeport Parkway;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS;
SECTION 1.That State Road, being a public road extending approximately 4000 feet
from Ruby Road to Sandy Lake Road, as depicted on Exhibit “A” which is attached hereto and
incorporate herein by reference, is hereby renamed Freeport Parkway; and, that the City
Engineer is directed to correct the maps and records of the City to reflect a change in said street
name and to erect the appropriate signage in accordance with the ordinances and regulations of
the City of Coppell, Texas.
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 56518
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.
SECTION 4.This Ordinance shall take effect on January 1, 2005.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2003.
APPROVED:
____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 06/02/03)
Proposed extension of
Freeport Parkway
Existing Freeport Parkway
State Road to
Freeport ParkwayEXHIBIT A
DEPT: City Manager
DATE: June 10, 2003
ITEM #: 9/E
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a resolution accepting the bid of THBGP, Inc. for the purchase of 10±
acres of property from the city of Coppell as depicted on Exhibit A, authorizing the City Manager and Mayor to
execute the necessary documents to consummate the sale, and providing an effective date.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: !THBGP
1 56378
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS,
ACCEPTING THE BID OF THBGP, INC. FOR THE PURCHASE OF 10+
ACRES OF PROPERTY FROM THE CITY OF COPPELL AS DEPICTED
ON EXHIBIT "A," WHICH IS ATTACHED HERETO AND
INCORPORATED HEREIN BY REFERENCE; AUTHORIZING THE CITY
MANAGER AND MAYOR TO EXECUTE THE NECESSARY
DOCUMENTS TO CONSUMMATE THE SALE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City desires to sell certain property as described by legal description in
Exhibit "A," which is attached hereto and incorporated herein by reference as if set forth in full; and
WHEREAS, the City is no longer in need of retaining such property for municipal
purposes; and
WHEREAS, bids were received by the City and opened on April 14, 2003; and
WHEREAS, THBGP made the highest offer in the amount of One Million, Three Hundred
fifty-two thousand Dollars and no cents ($1,352,000.00); and
WHEREAS, the City has determined that such value is fair market value in compliance
with State law;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1.That the bid of THBGP, Inc., in the amount of One Million, Three Hundred
fifty-two thousand Dollars and no cents ($1,352,000.00), is hereby accepted for the sell of the
property described in Exhibit "A", which is attached and incorporated herein by reference.
SECTION 2.That the Mayor and City Manager are hereby authorized to execute the
necessary documents to consummate such sale.
SECTION 3.That this Resolution shall take effect immediately from and after its passage
as the law and charter in such cases provide.
2 56378
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2003.
APPROVED:
_________________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 5/22/03) (56378)
3 56378
EXHIBIT "A"
(Legal Description of Property to be Attached)
DEPT: Finance
DATE: June 10, 2003
ITEM #: 10
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of an Ordinance authorizing the issuance of City of Coppell, Texas
Combination Tax and Revenue Certificates of Obligation, Series 2003 in the amount of $1,700,000 for purchasing
of public land, approving an Official Statement, authorizing the execution of a purchase agreement, making
provisions for the security thereof, and ordaining other matters relating to the subject and authorizing the Mayor to
sign.
GOAL(S):
EXECUTIVE SUMMARY: The Certificate of Obligation Bonds in the amount of $1,700,000 are being issued to
fund the land purchase of 24.9 acres located in the vicinity of the southwest corner of Coppell Road and Bethel
Road.
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: $CO03-1AgendaReq
ORDINANCE NO. 2003-________ AUTHORIZING THE ISSUANCE OF CITY OF COPPELL,
TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES
2003, APPROVING AN OFFICIAL STATEMENT, AUTHORIZING THE EXECUTION OF A
PURCHASE AGREEMENT, MAKING PROVISIONS FOR THE SECURITY THEREOF, AND
ORDAINING OTHER MATTERS RELATING TO THE SUBJECT
THE STATE OF TEXAS §
COUNTIES OF DALLAS AND DENTON §
CITY OF COPPELL §
WHEREAS, the City deems it advisable to give notice of intention to issue Certificates of Obligation,
in the amount of $1,700,000, for the purposes of paying all or a portion of the City's contractual obligations
for the acquisition of approximately 24.9 acres for municipal uses and purposes located in the vicinity of the
intersection of Coppell Road and Bethel Road, southwest corner, and for paying legal and fiscal fees in
connection with this project; and
WHEREAS, the Certificates of Obligation hereinafter authorized and designated are to be issued
and delivered for cash pursuant to Subchapter C of Chapter 271 of the Local Government Code, and in
accordance with Chapter 1502, Texas Government Code, the City may issue revenue bonds payable from
the City's Waterworks and Sewer System; and
WHEREAS, the City Council has heretofore, on May 13, 2003, adopted a Resolution authorizing and
directing the City Secretary to give notice of intention to issue Certificates of Obligation; and
WHEREAS, said notice has been duly published in The Citizens Advocate, which is a newspaper
of general circulation in said City, in its issues of May 16, 2003 and May 23, 2003; and
WHEREAS, the City received no petition from the qualified electors of the City protesting the
issuance of such Certificates of Obligation.
WHEREAS, the meeting was open to the public and public notice of the time, place and purpose of
said meeting was given pursuant to Chapter 551, Texas Government Code.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL:
Section 1.AMOUNT AND PURPOSE OF THE CERTIFICATES OF OBLIGATION. The
certificate of obligation or certificates of obligation of the City of Coppell (the "Issuer") are hereby authorized
to be issued and delivered, in the aggregate principal amount of $1,700,000, for paying all or a portion of the
City's contractual obligations for the acquisition of approximately 24.9 acres for municipal uses and purposes
located in the vicinity of the intersection of Coppell Road and Bethel Road, southwest corner, and for paying
legal and fiscal fees in connection with this project.
2
Section 2.DESIGNATION OF THE CERTIFICATES OF OBLIGATION. Each certificate
of obligation issued pursuant to this Ordinance shall be designated: "CITY OF COPPELL, TEXAS
COMBINATION TAX AND REVENUE CERTIFICATE OF OBLIGATION, SERIES 2003", and initially
there shall be issued, sold, and delivered hereunder a single fully registered certificate of obligation, without
interest coupons, payable in installments of principal (the "Initial Certificate of Obligation"), but the Initial
Certificate of Obligation may be assigned and transferred and/or converted into and exchanged for a like
aggregate principal amount of fully registered certificates of obligation, without interest coupons, having serial
maturities, and in the denomination or denominations of $5,000 or any integral multiple of $5,000, all in the
manner hereinafter provided. The term "Certificates of Obligation" as used in this Ordinance shall mean and
include collectively the Initial Certificate of Obligation and all substitute certificates of obligation exchanged
therefor, as well as all other substitute certificates of obligation and replacement certificates of obligation
issued pursuant hereto, and the term "Certificate of Obligation" shall mean any of the Certificates of
Obligation.
Section 3.INITIAL DATE, DENOMINATION, NUMBER, MATURITIES, INITIAL
REGISTERED OWNER, AND CHARACTERISTICS OF THE INITIAL CERTIFICATE OF
OBLIGATION. (a) The Initial Certificate of Obligation is hereby authorized to be issued, sold, and delivered
hereunder as a single fully registered Certificate of Obligation, without interest coupons, dated June 1, 2003,
in the denomination and aggregate principal amount of $1,700,000, numbered R-1, payable in annual
installments of principal to the initial registered owner thereof, to-wit: RBC DAIN RAUSCHER, INC., or
to the registered assignee or assignees of said Certificate of Obligation or any portion or portions thereof (in
each case, the "registered owner"), with the annual installments of principal of the Initial Certificate of
Obligation to be payable on the dates, respectively, and in the principal amounts, respectively, stated in the
FORM OF INITIAL CERTIFICATE OF OBLIGATION set forth in this Ordinance.
(b) The Initial Certificate of Obligation (i) may be prepaid or redeemed prior to the respective
scheduled due dates of installments of principal thereof, (ii) may be assigned and transferred, (iii) may be
converted and exchanged for other Certificates of Obligation, (iv) shall have the characteristics, and (v) shall
be signed and sealed, and the principal of and interest on the Initial Certificate of Obligation shall be payable,
all as provided, and in the manner required or indicated, in the FORM OF INITIAL CERTIFICATE OF
OBLIGATION set forth in this Ordinance.
Section 4.INTEREST. The unpaid principal balance of the Initial Certificate of Obligation shall
bear interest from the date of the Initial Certificate of Obligation, and will be calculated on the basis of a 360-
day year of twelve 30-day months to the respective scheduled due dates, or to the respective dates of
prepayment or redemption, of the installments of principal of the Initial Certificate of Obligation, and said
interest shall be payable, all in the manner provided and at the rates and on the dates stated in the FORM OF
INITIAL CERTIFICATE OF OBLIGATION set forth in this Ordinance.
Section 5.FORM OF INITIAL CERTIFICATE OF OBLIGATION. The form of the Initial
Certificate of Obligation, including the form of Registration Certificate of the Comptroller of Public Accounts
of the State of Texas to be endorsed on the Initial Certificate of Obligation, shall be substantially as follows:
3
FORM OF INITIAL CERTIFICATE OF OBLIGATION
NO. R-1 $1,700,000
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF DALLAS AND DENTON
CITY OF COPPELL, TEXAS
COMBINATION TAX AND REVENUE CERTIFICATE OF OBLIGATION
SERIES 2003
CITY OF COPPELL, in Dallas and Denton Counties (the "Issuer"), being a political subdivision of
the State of Texas, hereby promises to pay to
RBC DAIN RAUSCHER, INC.
or to the registered assignee or assignees of this Certificate of Obligation or any portion or portions hereof
(in each case, the "registered owner") the aggregate principal amount of
ONE MILLION SEVEN HUNDRED THOUSAND DOLLARS
in annual installments of principal due and payable on February 1 in each of the years, and in the respective
principal amounts, as set forth in the following schedule:
YEAR AMOUNT YEAR AMOUNT
2004 50,000 2014 85,000
2005 60,000 2015 90,000
2006 65,000 2016 90,000
2007 65,000 2017 95,000
2008 65,000 2018 100,000
2009 70,000 2019 105,000
2010 75,000 2020 105,000
2011 75,000 2021 110,000
2012 80,000 2022 115,000
2013 80,000 2023 120,000
and to pay interest, from the date of this Initial Certificate of Obligation, on the balance of each such
installment of principal, respectively, from time to time remaining unpaid, at the rates as follows:
4
maturity 2004,%maturity 2014,%
maturity 2005,%maturity 2015,%
maturity 2006,%maturity 2016,%
maturity 2007,%maturity 2017,%
maturity 2008,%maturity 2018,%
maturity 2009,%maturity 2019,%
maturity 2010,%maturity 2020,%
maturity 2011,%maturity 2021,%
maturity 2012,%maturity 2022,%
maturity 2013,%maturity 2023,%
with said interest being payable on February 1, 2004, and semiannually on each August 1 and February 1
thereafter while this Certificate of Obligation or any portion hereof is outstanding and unpaid.
THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this Certificate of
Obligation are payable in lawful money of the United States of America, without exchange or collection
charges. The installments of principal and the interest on this Certificate of Obligation are payable to the
registered owner hereof through the services of WACHOVIA BANK, NATIONAL ASSOCIATION,
HOUSTON, TEXAS, which is the "Paying Agent/Registrar" for this Certificate of Obligation. Payment of
all principal of and interest on this Certificate of Obligation shall be made by the Paying Agent/Registrar to
the registered owner hereof on each principal and/or interest payment date by check or draft, dated as of such
date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the
ordinance authorizing the issuance of this Certificate of Obligation (the "Certificate of Obligation Ordinance")
to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check
or draft shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each
such principal and/or interest payment date, to the registered owner hereof, at the address of the registered
owner, as it appeared on the 15th day of the month next preceding each such date (the "Record Date") on
the Registration Books kept by the Paying Agent/Registrar, as hereinafter described, or by such other method
acceptable to Paying Agent/Registrar requested by, and at the risk and expense of, the registered owner.
The Issuer covenants with the registered owner of this Certificate of Obligation that on or before each
principal and/or interest payment date for this Certificate of Obligation it will make available to the Paying
Agent/Registrar, from the "Interest and Sinking Fund" created by the Certificate of Obligation Ordinance, the
amounts required to provide for the payment, in immediately available funds, of all principal of and interest
on this Certificate of Obligation, when due.
IF THE DATE for the payment of the principal of or interest on this Certificate of Obligation shall
be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the Paying
Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment
shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking
5
institutions are authorized to close; and payment on such date shall have the same force and effect as if made
on the original date payment was due.
THIS CERTIFICATE OF OBLIGATION has been authorized in accordance with the Constitution
and laws of the State of Texas, in the principal amount of $1,700,000, for paying all or a portion of the City's
contractual obligations for the acquisition of approximately 24.9 acres for municipal uses and purposes located
in the vicinity of the intersection of Coppell Road and Bethel Road, southwest corner, and for paying legal and
fiscal fees in connection with this project.
ON FEBRUARY 1, 2006, or any date thereafter, the unpaid installments of principal of this
Certificate of Obligation may be prepaid or redeemed prior to their scheduled due dates, at the option of the
Issuer, with funds derived from any available source, as a whole, or in part, and, if in part, the Issuer shall
select and designate the maturity, or maturities, and the amount that is to be redeemed, and if less than a
whole maturity is to be called, the Issuer shall direct the Paying Agent/Registrar to call by lot (provided that
a portion of this Certificate of Obligation may be redeemed only in an integral multiple of $5,000), at the
redemption price of the principal amount, plus accrued interest to the date fixed for prepayment or
redemption.
THE CERTIFICATES OF OBLIGATION of this Series scheduled to mature on February 1, _____
and _____ are subject to mandatory redemption prior to their scheduled maturities, and shall be redeemed
by the Issuer, in part, prior to their scheduled maturities, with money from the Mandatory Redemption
Account of the Interest and Sinking Fund, with the particular Certificates of Obligation or portion thereof to
be redeemed to be selected by the Paying Agent/Registrar, by lot or other customary method (provided that
a portion of a Bond may be redeemed only in an integral multiple of $5,000), at a redemption price equal to
the par or principal amount thereof and accrued interest to the date of redemption, on the dates, and in the
principal amounts, respectively, as shown in the following schedule:
February 1, _____ Maturity
Mandatory Redemption Dates Principal Amounts
$
(payment at maturity)
February 1, _____ Maturity
Mandatory Redemption Dates Principal Amounts
$
(payment at maturity)
6
The principal amount of the Certificates of Obligation required to be redeemed on each such redemption date
pursuant to the foregoing operation of the Mandatory Redemption Account shall be reduced, at the option of
the Issuer, by the principal amount of any Certificates of Obligation, which at least 45 days prior to the
mandatory sinking fund redemption date, (1) shall have been defeased or acquired by the Issuer and delivered
to the Paying Agent/Registrar for cancellation, or (2) shall have been purchased and canceled by the Paying
Agent/Registrar at the request of the Issuer at a price not exceeding the principal amount of such Certificates
of Obligation plus accrued interest to the date of purchase, (3) have been redeemed pursuant to the optional
redemption provisions set forth above and not theretofore credited against a mandatory sinking fund
redemption. During any period in which ownership of the Certificates of Obligation is determined by a book
entry at a securities depository for the Certificates of Obligation, if fewer than all of the Certificates of
Obligation of the same maturity and bearing the same interest rate are to be redeemed, the particular
Certificates of Obligation of such maturity and bearing such interest rate shall be selected in accordance with
the arrangements between the Issuer and the securities depository.
AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written notice
of such prepayment or redemption shall be mailed by the Paying Agent/Registrar to the registered owner
hereof. By the date fixed for any such prepayment or redemption due provision shall be made by the Issuer
with the Paying Agent/Registrar for the payment of the required prepayment or redemption price for this
Certificate of Obligation or the portion hereof which is to be so prepaid or redeemed, plus accrued interest
thereon to the date fixed for prepayment or redemption. If such written notice of prepayment or redemption
is mailed, and if due provision for such payment is made, all as provided above, this Certificate of Obligation,
or the portion thereof which is to be so prepaid or redeemed, thereby automatically shall be treated as prepaid
or redeemed prior to its scheduled due date, and shall not bear interest after the date fixed for its prepayment
or redemption, and shall not be regarded as being outstanding except for the right of the registered owner to
receive the prepayment or redemption price plus accrued interest to the date fixed for prepayment or
redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying
Agent/Registrar shall record in the Registration Books all such prepayments or redemptions of principal of
this Certificate of Obligation or any portion hereof.
THIS CERTIFICATE OF OBLIGATION, to the extent of the unpaid or unredeemed principal
balance hereof, or any unpaid and unredeemed portion hereof in any integral multiple of $5,000, may be
assigned by the initial registered owner hereof and shall be transferred only in the Registration Books of the
Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for this Certificate of Obligation,
upon the terms and conditions set forth in the Certificate of Obligation Ordinance. Among other requirements
for such transfer, this Certificate of Obligation must be presented and surrendered to the Paying
Agent/Registrar for cancellation, together with proper instruments of assignment, in form and with guarantee
of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment by the initial registered owner
of this Certificate of Obligation, or any portion or portions hereof in any integral multiple of $5,000, to the
assignee or assignees in whose name or names this Certificate of Obligation or any such portion or portions
hereof is or are to be transferred and registered. Any instrument or instruments of assignment satisfactory
to the Paying Agent/Registrar may be used to evidence the assignment of this Certificate of Obligation or any
such portion or portions hereof by the initial registered owner hereof. A new certificate of obligation or
certificates of obligation payable to such assignee or assignees (which then will be the new registered owner
or owners of such new certificate of obligation or certificates of obligation) or to the initial registered owner
as to any portion of this Certificate of Obligation which is not being assigned and transferred by the initial
registered owner, shall be delivered by the Paying Agent/Registrar in conversion of and exchange for this
7
Certificate of Obligation or any portion or portions hereof, but solely in the form and manner as provided in
the next paragraph hereof for the conversion and exchange of this Certificate of Obligation or any portion
hereof. The registered owner of this Certificate of Obligation shall be deemed and treated by the Issuer and
the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge
of liability upon this Certificate of Obligation to the extent of such payment, and the Issuer and the Paying
Agent/Registrar shall not be affected by any notice to the contrary.
AS PROVIDED above and in the Certificate of Obligation Ordinance, this Certificate of Obligation,
to the extent of the unpaid or unredeemed principal balance hereof, may be converted into and exchanged
for a like aggregate principal amount of fully registered certificates of obligation, without interest coupons,
payable to the assignee or assignees duly designated in writing by the initial registered owner hereof, or to
the initial registered owner as to any portion of this Certificate of Obligation which is not being assigned and
transferred by the initial registered owner, in any denomination or denominations in any integral multiple of
$5,000 (subject to the requirement hereinafter stated that each substitute certificate of obligation issued in
exchange for any portion of this Certificate of Obligation shall have a single stated principal maturity date),
upon surrender of this Certificate of Obligation to the Paying Agent/Registrar for cancellation, all in
accordance with the form and procedures set forth in the Certificate of Obligation Ordinance. If this
Certificate of Obligation or any portion hereof is assigned and transferred or converted each certificate of
obligation issued in exchange for any portion hereof shall have a single stated principal maturity date
corresponding to the due date of the installment of principal of this Certificate of Obligation or portion hereof
for which the substitute certificate of obligation is being exchanged, and shall bear interest at the rate
applicable to and borne by such installment of principal or portion thereof. Such certificates of obligation,
respectively, shall be subject to redemption prior to maturity on the same dates and for the same prices as the
corresponding installment of principal of this Certificate of Obligation or portion hereof for which they are
being exchanged. No such certificate of obligation shall be payable in installments, but shall have only one
stated principal maturity date. AS PROVIDED IN THE CERTIFICATE OF OBLIGATION
ORDINANCE, THIS CERTIFICATE OF OBLIGATION IN ITS PRESENT FORM MAY BE
ASSIGNED AND TRANSFERRED OR CONVERTED ONCE ONLY, and to one or more assignees, but
the certificates of obligation issued and delivered in exchange for this Certificate of Obligation or any portion
hereof may be assigned, transferred and converted, subsequently, as provided in the Certificate of Obligation
Ordinance. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for
transferring, converting, and exchanging this Certificate of Obligation or any portion thereof, but the one
requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to
be paid with respect thereto. The Paying Agent/Registrar shall not be required to make any such assignment,
conversion, or exchange (i) during the period commencing with the close of business on any Record Date and
ending with the opening of business on the next following principal or interest payment date, or, (ii) with
respect to any Certificate of Obligation or portion thereof called for prepayment or redemption prior to
maturity, within 45 days prior to its prepayment or redemption date.
IN THE EVENT any Paying Agent/Registrar for this Certificate of Obligation is changed by the
Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate of Obligation
Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will
cause written notice thereof to be mailed to the registered owner of this Certificate of Obligation.
IT IS HEREBY certified, recited, and covenanted that this Certificate of Obligation has been duly
and validly authorized, issued, sold, and delivered; that all acts, conditions, and things required or proper to be
8
performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Certificate
of Obligation have been performed, existed, and been done in accordance with law; that this Certificate of
Obligation is a general obligation of the Issuer, issued on the full faith and credit thereof; and that ad valorem
taxes sufficient to provide for the payment of the interest on and principal of this Certificate of Obligation,
as such interest and principal come due, have been levied and ordered to be levied against all taxable property
in the Issuer, and have been pledged for such payment, within the limit prescribed by law, and that this
Certificate of Obligation is additionally secured by and payable from the limited surplus revenues of the
Issuer's Waterworks and Sewer System, remaining after payment of all operation and maintenance expenses
thereof, and all debt service, reserve, and other requirements in connection with all of the Issuer's revenue
bonds or other obligations (now or hereafter outstanding), which are payable from all or any part of the Net
Revenues of the Issuer's Waterworks and Sewer System.
BY BECOMING the registered owner of this Certificate of Obligation, the registered owner thereby
acknowledges all of the terms and provisions of the Certificate of Obligation Ordinance, agrees to be bound
by such terms and provisions, acknowledges that the Certificate of Obligation Ordinance is duly recorded and
available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that
the terms and provisions of this Certificate of Obligation and the Certificate of Obligation Ordinance constitute
a contract between the registered owner hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Certificate of Obligation to be signed with the
manual signature of the Mayor of the Issuer, countersigned with the manual signature of the City Secretary
of the Issuer, and has caused the official seal of the Issuer to be duly impressed on this Certificate of
Obligation to be dated June 1, 2003.
City Secretary Mayor
CITY SEAL
FORM OF REGISTRATION CERTIFICATE OF THE
COMPTROLLER OF PUBLIC ACCOUNTS:
COMPTROLLER'S REGISTRATION CERTIFICATE
REGISTER NO.
I hereby certify that this Certificate of Obligation has been examined, certified as to validity, and
approved by the Attorney General of the State of Texas, and that this Certificate of Obligation has been
registered by the Comptroller of Public Accounts of the State of Texas.
Witness my signature and seal this
Comptroller of Public Accounts of the State of Texas
(COMPTROLLER'S SEAL)
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Section 6.ADDITIONAL CHARACTERISTICS OF THE CERTIFICATES OF
OBLIGATION. Registration and Transfer. (a) The Issuer shall keep or cause to be kept at the principal
corporate trust office of WACHOVIA BANK, NATIONAL ASSOCIATION, HOUSTON, TEXAS, (the
"Paying Agent/Registrar") books or records of the registration and transfer of the Certificates of Obligation
(the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and
transfer agent to keep such books or records and make such transfers and registrations under such reasonable
regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall
make such transfers and registrations as herein provided. The Paying Agent/Registrar shall obtain and record
in the Registration Books the address of the registered owner of each Certificate of Obligation to which
payments with respect to the Certificates of Obligation shall be mailed, as herein provided; but it shall be the
duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which
payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given.
The Issuer shall have the right to inspect the Registration Books during regular business hours of the Paying
Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and,
unless otherwise required by law, shall not permit their inspection by any other entity. Registration of each
Certificate of Obligation may be transferred in the Registration Books only upon presentation and surrender
of such Certificate of Obligation to the Paying Agent/Registrar for transfer of registration and cancellation,
together with proper written instruments of assignment, in form and with guarantee of signatures satisfactory
to the Paying Agent/ Registrar, (i) evidencing the assignment of the Certificate of Obligation, or any portion
thereof in any integral multiple of $5,000, to the assignee or assignees thereof, and (ii) the right of such
assignee or assignees to have the Certificate of Obligation or any such portion thereof registered in the name
of such assignee or assignees. Upon the assignment and transfer of any Certificate of Obligation or any
portion thereof, a new substitute Certificate of Obligation or Certificates of Obligation shall be issued in
conversion and exchange therefor in the manner herein provided. The Initial Certificate of Obligation, to the
extent of the unpaid or unredeemed principal balance thereof, may be assigned and transferred by the initial
registered owner thereof once only, and to one or more assignees designated in writing by the initial registered
owner thereof. All Certificates of Obligation issued and delivered in conversion of and exchange for the
Initial Certificate of Obligation shall be in any denomination or denominations of any integral multiple of $5,000
(subject to the requirement hereinafter stated that each substitute Certificate of Obligation shall have a single
stated principal maturity date), shall be in the form prescribed in the FORM OF SUBSTITUTE
CERTIFICATE OF OBLIGATION set forth in this Ordinance, and shall have the characteristics, and may
be assigned, transferred, and converted as hereinafter provided. If the Initial Certificate of Obligation or any
portion thereof is assigned and transferred or converted the Initial Certificate of Obligation must be
surrendered to the Paying Agent/Registrar for cancellation, and each Certificate of Obligation issued in
exchange for any portion of the Initial Certificate of Obligation shall have a single stated principal maturity
date, and shall not be payable in installments; and each such Certificate of Obligation shall have a principal
maturity date corresponding to the due date of the installment of principal or portion thereof for which the
substitute Certificate of Obligation is being exchanged; and each such Certificate of Obligation shall bear
interest at the single rate applicable to and borne by such installment of principal or portion thereof for which
it is being exchanged. If only a portion of the Initial Certificate of Obligation is assigned and transferred, there
shall be delivered to and registered in the name of the initial registered owner substitute Certificates of
Obligation in exchange for the unassigned balance of the Initial Certificate of Obligation in the same manner
as if the initial registered owner were the assignee thereof. If any Certificate of Obligation or portion thereof
other than the Initial Certificate of Obligation is assigned and transferred or converted each Certificate of
10
Obligation issued in exchange therefor shall have the same principal maturity date and bear interest at the
same rate as the Certificate of Obligation for which it is exchanged. A form of assignment shall be printed
or endorsed on each Certificate of Obligation, excepting the Initial Certificate of Obligation, which shall be
executed by the registered owner or its duly authorized attorney or representative to evidence an assignment
thereof. Upon surrender of any Certificates of Obligation or any portion or portions thereof for transfer of
registration, an authorized representative of the Paying Agent/Registrar shall make such transfer in the
Registration Books, and shall deliver a new fully registered substitute Certificate of Obligation or Certificates
of Obligation, having the characteristics herein described, payable to such assignee or assignees (which then
will be the registered owner or owners of such new Certificate of Obligation or Certificates of Obligation),
or to the previous registered owner in case only a portion of a Certificate of Obligation is being assigned and
transferred, all in conversion of and exchange for said assigned Certificate of Obligation or Certificates of
Obligation or any portion or portions thereof, in the same form and manner, and with the same effect, as
provided in Section 6(d), below, for the conversion and exchange of Certificates of Obligation by any
registered owner of a Certificate of Obligation. The Issuer shall pay the Paying Agent/Registrar's standard
or customary fees and charges for making such transfer and delivery of a substitute Certificate of Obligation
or Certificates of Obligation, but the one requesting such transfer shall pay any taxes or other governmental
charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make
transfers of registration of any Certificate of Obligation or any portion thereof (i) during the period
commencing with the close of business on any Record Date and ending with the opening of business on the
next following principal or interest payment date, or, (ii) with respect to any Certificate of Obligation or any
portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date.
(b) Ownership of Certificates of Obligation. The entity in whose name any Certificate of Obligation
shall be registered in the Registration Books at any time shall be deemed and treated as the absolute owner
thereof for all purposes of this Ordinance, whether or not such Certificate of Obligation shall be overdue, and
the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary; and payment
of, or on account of, the principal of, premium, if any, and interest on any such Certificate of Obligation shall
be made only to such registered owner. All such payments shall be valid and effectual to satisfy and
discharge the liability upon such Certificate of Obligation to the extent of the sum or sums so paid.
(c) Payment of Certificates of Obligation and Interest. The Issuer hereby further appoints the
Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Certificates
of Obligation, and to act as its agent to convert and exchange or replace Certificates of Obligation, all as
provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by
the Issuer and the Paying Agent/Registrar with respect to the Certificates of Obligation, and of all conversions
and exchanges of Certificates of Obligation, and all replacements of Certificates of Obligation, as provided
in this Ordinance. However, in the event of a nonpayment of interest on a scheduled payment date, and for
thirty (30) days thereafter, a new record date for such interest payment )a "Special Record Date") will be
established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been
received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past
due interest (which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5)
business days prior to the Special Record Date by United States mail, first class postage prepaid, to the
address of each Bondholder appearing on the Security Register at the close of business on the 15th day next
preceding the date of mailing of such notice.
(d) Conversion and Exchange or Replacement; Authentication. Each Certificate of Obligation issued
11
and delivered pursuant to this Ordinance, to the extent of the unpaid or unredeemed principal balance or
principal amount thereof, may, upon surrender of such Certificate of Obligation at the principal corporate trust
office of the Paying Agent/Registrar, together with a written request therefor duly executed by the registered
owner or the assignee or assignees thereof, or its or their duly authorized attorneys or representatives, with
guarantee of signatures satisfactory to the Paying Agent/Registrar, may, at the option of the registered owner
or such assignee or assignees, as appropriate, be converted into and exchanged for fully registered certificates
of obligation, without interest coupons, in the form prescribed in the FORM OF SUBSTITUTE
CERTIFICATE OF OBLIGATION set forth in this Ordinance, in the denomination of $5,000, or any integral
multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Certificate of Obligation
shall have a single stated maturity date), as requested in writing by such registered owner or such assignee
or assignees, in an aggregate principal amount equal to the unpaid or unredeemed principal balance or
principal amount of any Certificate of Obligation or Certificates of Obligation so surrendered, and payable
to the appropriate registered owner, assignee, or assignees, as the case may be. If the Initial Certificate of
Obligation is assigned and transferred or converted each substitute Certificate of Obligation issued in
exchange for any portion of the Initial Certificate of Obligation shall have a single stated principal maturity
date, and shall not be payable in installments; and each such Certificate of Obligation shall have a principal
maturity date corresponding to the due date of the installment of principal or portion thereof for which the
substitute Certificate of Obligation is being exchanged; and each such Certificate of Obligation shall bear
interest at the single rate applicable to and borne by such installment of principal or portion thereof for which
it is being exchanged. If a portion of any Certificate of Obligation (other than the Initial Certificate of
Obligation) shall be redeemed prior to its scheduled maturity as provided herein, a substitute Certificate of
Obligation or Certificates of Obligation having the same maturity date, bearing interest at the same rate, in
the denomination or denominations of any integral multiple of $5,000 at the request of the registered owner,
and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered
owner upon surrender thereof for cancellation. If any Certificate of Obligation or portion thereof (other than
the Initial Certificate of Obligation) is assigned and transferred or converted, each Certificate of Obligation
issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as
the Certificate of Obligation for which it is being exchanged. Each substitute Certificate of Obligation shall
bear a letter and/or number to distinguish it from each other Certificate of Obligation. The Paying
Agent/Registrar shall convert and exchange or replace Certificates of Obligation as provided herein, and each
fully registered certificate of obligation delivered in conversion of and exchange for or replacement of any
Certificate of Obligation or portion thereof as permitted or required by any provision of this Ordinance shall
constitute one of the Certificates of Obligation for all purposes of this Ordinance, and may again be converted
and exchanged or replaced. It is specifically provided that any Certificate of Obligation authenticated in
conversion of and exchange for or replacement of another Certificate of Obligation on or prior to the first
scheduled Record Date for the Initial Certificate of Obligation shall bear interest from the date of the Initial
Certif icate of Obligation, but each substitute Certificate of Obligation so authenticated after such first
scheduled Record Date shall bear interest from the interest payment date next preceding the date on which
such substitute Certificate of Obligation was so authenticated, unless such Certificate of Obligation is
authenticated after any Record Date but on or before the next following interest payment date, in which case
it shall bear interest from such next following interest payment date; provided, however, that if at the time of
delivery of any substitute Certificate of Obligation the interest on the Certificate of Obligation for which it is
being exchanged is due but has not been paid, then such Certificate of Obligation shall bear interest from the
date to which such interest has been paid in full. THE INITIAL CERTIFICATE OF OBLIGATION issued
and delivered pursuant to this Ordinance is not required to be, and shall not be, authenticated by the Paying
Agent/Registrar, but on each substitute Certificate of Obligation issued in conversion of and exchange for or
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replacement of any Certificate of Obligation or Certificates of Obligation issued under this Ordinance there
shall be printed a certificate, in the form substantially as follows:
"PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this Certificate of Obligation has been issued under the provisions of the
Certificate of Obligation Ordinance described on the face of this Certificate of Obligation; and that this
Certificate of Obligation has been issued in conversion of and exchange for or replacement of a certificate
of obligation, certificates of obligation, or a portion of a certificate of obligation or certificates of obligation
of an issue which originally was approved by the Attorney General of the State of Texas and registered by
the Comptroller of Public Accounts of the State of Texas.
__________________________
Paying Agent/Registrar
Dated __________________By________________________
Authorized Representative"
An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Certificate
of Obligation, date and manually sign the above Certificate, and no such Certificate of Obligation shall be
deemed to be issued or outstanding unless such Certificate is so executed. The Paying Agent/Registrar
promptly shall cancel all Certificates of Obligation surrendered for conversion and exchange or replacement.
No additional ordinances, orders, or resolutions need be passed or adopted by the governing body of the Issuer
or any other body or person so as to accomplish the foregoing conversion and exchange or replacement of
any Certificate of Obligation or portion thereof, and the Paying Agent/Registrar shall provide for the printing,
execution, and delivery of the substitute Certificates of Obligation in the manner prescribed herein, and said
Certificates of Obligation shall be of type composition printed on paper with lithographed or steel engraved
borders of customary weight and strength. Pursuant to Vernon's Ann. Tex. Civ. St. Art. 717k-6, now
Codified as Chapter 1201 Tex. Gov. Code, and particularly Section 6 thereof, the duty of conversion and
exchange or replacement of Certificates of Obligation as aforesaid is hereby imposed upon the Paying
Agent/Registrar, and, upon the execution of the above Paying Agent/Registrar's Authentication Certificate,
the converted and exchanged or replaced Certificate of Obligation shall be valid, incontestable, and
enforceable in the same manner and with the same effect as the Initial Certificate of Obligation which
originally was issued pursuant to this Ordinance, approved by the Attorney General, and registered by the
Comptroller of Public Accounts. The Issuer shall pay the Paying Agent/Registrar's standard or customary
fees and charges for transferring, converting, and exchanging any Certificate of Obligation or any portion
thereof, but the one requesting any such transfer, conversion, and exchange shall pay any taxes or
governmental charges required to be paid with respect thereto as a condition precedent to the exercise of
such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to make any
such conversion and exchange or replacement of Certificates of Obligation or any portion thereof (i) during
the period commencing with the close of business on any Record Date and ending with the opening of
business on the next following principal or interest payment date, or, (ii) with respect to any Certificate of
Obligation or portion thereof called for redemption prior to maturity, within 45 days prior to its redemption
date.
(e) In General. All Certificates of Obligation issued in conversion and exchange or replacement of
any other Certificate of Obligation or portion thereof, (i) shall be issued in fully registered form, without
interest coupons, with the principal of and interest on such Certificates of Obligation to be payable only to the
13
registered owners thereof, (ii) may be redeemed prior to their scheduled maturities, (iii) may be transferred
and assigned, (iv) may be converted and exchanged for other Certificates of Obligation, (v) shall have the
characteristics, (vi) shall be signed and sealed, and (vii) the principal of and interest on the Certificates of
Obligation shall be payable, all as provided, and in the manner required or indicated, in the FORM OF
SUBSTITUTE CERTIFICATE OF OBLIGATION set forth in this Ordinance.
(f) Payment of Fees and Charges. The Issuer hereby covenants with the registered owners of the
Certificates of Obligation that it will (i) pay the standard or customary fees and charges of the Paying
Agent/Regis trar for its services with respect to the payment of the principal of and interest on the Certificates
of Obligation, when due, and (ii) pay the fees and charges of the Paying Agent/Registrar for services with
respect to the transfer of registration of Certificates of Obligation, and with respect to the conversion and
exchange of Certificates of Obligation solely to the extent above provided in this Ordinance.
(g) Substitute Paying Agent/Registrar. The Issuer covenants with the registered owners of the
Certificates of Obligation that at all times while the Certificates of Obligation are outstanding the Issuer will
provide a competent and legally qualified bank, trust company, financial institution, or other agency to act as
and perform the services of Paying Agent/Registrar for the Certificates of Obligation under this Ordinance,
and that the Paying Agent/Registrar will be one entity. The Issuer reserves the right to, and may, at its option,
change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar,
to be effective not later than 60 days prior to the next principal or interest payment date after such notice.
In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger,
acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants that
promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other
agency to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying
Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration
Books (or a copy thereof), along with all other pertinent books and records relating to the Certificates of
Obligation, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in
the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new
Paying Agent/Registrar to each registered owner of the Certificates of Obligation, by United States mail, first-
class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By
accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed
to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying
Agent/Registrar.
(h) Book-Entry Only System. The Certificates of Obligation issued in exchange for the Certificates
of Obligation initially issued to the purchaser specified herein shall be initially issued in the form of a separate
single fully registered Certificate of Obligation for each of the maturities thereof. Upon initial issuance, the
ownership of each such Certificate of Obligation shall be registered in the name of Cede & Co., as nominee
of Depository Trust Company of New York ("DTC"), and except as provided in subsection (f) hereof, all of
the outstanding Certificates of Obligation shall be registered in the name of Cede & Co., as nominee of DTC.
With respect to Certificates of Obligation registered in the name of Cede & Co., as nominee of DTC,
the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation to any DTC Participant
or to any person on behalf of whom such a DTC Participant holds an interest on the Certificates of
Obligation. Without limiting the immediately preceding sentence, the Issuer and the Paying Agent/Registrar
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shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co.
or any DTC Participant with respect to any ownership interest in the Certificates of Obligation, (ii) the
delivery to any DTC Participant or any other person, other than a Certificate of Obligation holder, as shown
on the Registration Books, of any notice with respect to the Certificates of Obligation, including any notice
of redemption, or (iii) the payment to any DTC Participant or any other person, other than a Certificate of
Obligation holder, as shown in the Registration Books of any amount with respect to principal of, premium,
if any, or interest on, as the case may be, the Certificates of Obligation. Notwithstanding any other provision
of this Ordinance to the contrary, the Issuer and the Paying Agent/Registrar shall be entitled to treat and
consider the person in whose name each Certificate of Obligation is registered in the Registration Books as
the absolute owner of such Certificate of Obligation for the purpose of payment of principal, premium, if any,
and interest, as the case may be, with respect to such Certificate of Obligation, for the purpose of giving
notices of redemption and other matters with respect to such Certificate of Obligation, for the purpose of
registering transfers with respect to such Certificate of Obligation, and for all other purposes whatsoever.
The Paying Agent/Registrar shall pay all principal of, premium, if any, and interest on the Certificates of
Obligation only to or upon the order of the respective owners, as shown in the Registration Books as provided
in this Ordinance, or their respective attorneys duly authorized in writing, and all such payments shall be valid
and effective to fully satisfy and discharge the Issuer's obligations with respect to payment of principal of,
premium, if any, and interest on, or as the case may be, the Certificates of Obligation to the extent of the sum
or sums so paid. No person other than an owner, as shown in the Registration Books, shall receive a
Certificate of Obligation certificate evidencing the obligation of the Issuer to make payments of principal,
premium, if any, and interest, as the case may be, pursuant to this Ordinance. Upon delivery by DTC to the
Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee
in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks being
mailed to the registered owner at the close of business on the Record Date, the word "Cede & Co." in this
Ordinance shall refer to such new nominee of DTC.
(i) Successor Securities Depository; Transfers Outside Book-Entry Only System. In the event that
the Issuer or the Paying Agent/Registrar determines that DTC is incapable of discharging its responsibilities
described herein and in the representation letter of the Issuer to DTC and that it is in the best interest of the
beneficial owners of the Certificates of Obligation that they be able to obtain certificated Certificates of
Obligation, the Issuer or the Paying Agent/Registrar shall (i) appoint a successor securities depository,
qualified to act as such under Section 17(a) of the Securities and Exchange Act of 1934, as amended, notify
DTC and DTC Participants of the appointment of such successor securities depository and transfer one or
more separate Certificates of Obligation to such successor securities depository or (ii) notify DTC and DTC
Participants of the availability through DTC of Certificates of Obligation and transfer one or more separate
Certificates of Obligation to DTC Participants having Certificates of Obligation credited to their DTC
accounts. In such event, the Certificates of Obligation shall no longer be restricted to being registered in the
Registration Books in the name of Cede & Co., as nominee of DTC, but may be registered in the name of
the successor securities depository, or its nominee, or in whatever name or names Certificate of Obligation
holders transferring or exchanging Certificates of Obligation shall designate, in accordance with the provisions
of this Ordinance.
(j) Payments to Cede & Co. Notwithstanding any other provision of this Ordinance to the contrary,
so long as any Certificate of Obligation is registered in the name of Cede & Co., as nominee of DTC, all
payments with respect to principal of, premium, if any, and interest on, or as the case may be, such Certificate
of Obligation and all notices with respect to such Certificate of Obligation shall be made and given,
15
respectively, in the manner provided in the representation letter of the Issuer to DTC.
Section 7.FORM OF SUBSTITUTE CERTIFICATES OF OBLIGATION. The form of all
Certificates of Obligation issued in conversion and exchange or replacement of any other Certificate of
Obligation or portion thereof, including the form of Paying Agent/Registrar's Certificate to be printed on each
of such Certificates of Obligation, and the Form of Assignment to be printed on each of the Certificates of
Obligation, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or
insertions as are permitted or required by this Ordinance.
FORM OF SUBSTITUTE CERTIFICATE OF OBLIGATION
NO. ____PRINCIPAL AMOUNT
$__________________
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF DALLAS AND DENTON
CITY OF COPPELL, TEXAS
COMBINATION TAX AND REVENUE CERTIFICATE OF OBLIGATION
SERIES 2003
INTEREST
RATE
MATURITY
DATE
DATE OF
ORIGINAL ISSUE
CUSIP
NO.
June 1, 2003
ON THE MATURITY DATE specified above, the CITY OF COPPELL (the "Issuer") in Dallas
and Denton Counties, being a political subdivision of the State of Texas, hereby promises to pay to
______________________________________________
or to the registered assignee hereof (either being hereinafter called the "registered owner") the principal
amount of
______________________________________________
and to pay interest thereon from June 1, 2003 to the maturity date specified above, or the date of redemption
prior to maturity, at the interest rate per annum specified above with interest being payable on February 1,
2004 and semiannually on each February 1 and August 1 thereafter; except that if the date of authentication
of this Certificate of Obligation is later than January 15, 2004, such principal amount shall bear interest from
the interest payment date next preceding the date of authentication, unless such date of authentication is after
any Record Date (hereinafter defined) but on or before the next following interest payment date, in which
case such principal amount shall bear interest from such next following interest payment date.
THE PRINCIPAL OF AND INTEREST ON this Certificate of Obligation are payable in lawful
money of the United States of America, without exchange or collection charges. The principal of this
Certificate of Obligation shall be paid to the registered owner hereof upon presentation and surrender of this
Certificate of Obligation at maturity or upon the date fixed for its redemption prior to maturity, at the principal
16
corporate trust office of WACHOVIA BANK, NATIONAL ASSOCIATION, HOUSTON, TEXAS, which
is the "Paying Agent/Registrar" for this Certificate of Obligation. The payment of interest on this Certificate
of Obligation shall be made by the Paying Agent/Registrar to the registered owner hereof on the interest
payment date by check or draft, dated as of such interest payment date, drawn by the Paying Agent/Registrar
on, and payable solely from, funds of the Issuer required by the Ordinance authorizing the issuance of the
Certificates of Obligation (the "Certificate of Obligation Ordinance") to be on deposit with the Paying Agent/
Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying
Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the
registered owner hereof, at the address of the registered owner, as it appeared on the 15th day of the month
next preceding such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar,
as hereinafter described, or by such other method acceptable to the Paying Agent/Registrar requested by,
and at the risk and expense of, the registered owner. Any accrued interest due upon the redemption of this
Certificate of Obligation prior to maturity as provided herein shall be paid to the registered owner at the
principal corporate trust office of the Paying Agent/Registrar upon presentation and surrender of this
Certificate of Obligation for redemption and payment at the principal corporate trust office of the Paying
Agent/Registrar. The Issuer covenants with the registered owner of this Certificate of Obligation that on
or before each principal payment date, interest payment date, and accrued interest payment date for this
Certificate of Obligation, it will make available to the Paying Agent/Registrar, from the "Interest and Sinking
Fund" created by the Certificate of Obligation Ordinance, the amounts required to provide for the payment,
in immediately available funds, of all principal of and interest on the Certificates of Obligation, when due.
IF THE DATE for the payment of the principal of or interest on this Certificate of Obligation shall
be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the Paying
Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment
shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking
institutions are authorized to close; and payment on such date shall have the same force and effect as if made
on the original date payment was due.
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THIS CERTIFICATE OF OBLIGATION is one of an issue of Certificates of Obligation initially
dated June 1, 2003, authorized in accordance with the Constitution and laws of the State of Texas, in the
original principal amount of $1,700,000, for the purpose of paying, in whole or in part, contractual obligations
for the acquisition of approximately 24.9 acres for municipal uses and purposes located in the vicinity of the
intersection of Coppell Road and Bethel Road, southwest corner, and for paying legal and fiscal fees in
connection with this project.
ON FEBRUARY 1, 2006, or any date thereafter, the Certificates of Obligation of this Series may
be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any
available source, as a whole, or in part, and, if in part, the maturity or maturities of Certificates of Obligation
and the amounts thereof, to be redeemed shall be selected and designated by the Issuer, and the Issuer shall
direct the Paying Agent/Registrar to call by lot Certificates of Obligation, or portions thereof within such
maturities and in such principal amounts, for redemption (provided that a portion of this Certificate of
Obligation may be redeemed only in an integral multiple of $5,000), at the prepayment or redemption price
of the principal amount thereof, plus accrued interest to the date fixed for prepayment or redemption.
THE CERTIFICATES OF OBLIGATION of this Series scheduled to mature on February 1, _____
and _____ are subject to mandatory redemption prior to their scheduled maturities, and shall be redeemed
by the Issuer, in part, prior to their scheduled maturities, with money from the Mandatory Redemption
Account of the Interest and Sinking Fund, with the particular Certificates of Obligation or portion thereof to
be redeemed to be selected by the Paying Agent/Registrar, by lot or other customary method (provided that
a portion of a Bond may be redeemed only in an integral multiple of $5,000), at a redemption price equal to
the par or principal amount thereof and accrued interest to the date of redemption, on the dates, and in the
principal amounts, respectively, as shown in the following schedule:
February 1, _____ Maturity
Mandatory Redemption Dates Principal Amounts
$
(payment at maturity)
February 1, _____ Maturity
Mandatory Redemption Dates Principal Amounts
$
(payment at maturity)
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The principal amount of the Certificates of Obligation required to be redeemed on each such redemption date
pursuant to the foregoing operation of the Mandatory Redemption Account shall be reduced, at the option of
the Issuer, by the principal amount of any Certificates of Obligation, which at least 45 days prior to the
mandatory sinking fund redemption date, (1) shall have been defeased or acquired by the Issuer and delivered
to the Paying Agent/Registrar for cancellation, or (2) shall have been purchased and canceled by the Paying
Agent/Registrar at the request of the Issuer at a price not exceeding the principal amount of such Certificates
of Obligation plus accrued interest to the date of purchase, (3) have been redeemed pursuant to the optional
redemption provisions set forth above and not theretofore credited against a mandatory sinking fund
redemption. During any period in which ownership of the Certificates of Obligation is determined by a book
entry at a securities depository for the Certificates of Obligation, if fewer than all of the Certificates of
Obligation of the same maturity and bearing the same interest rate are to be redeemed, the particular
Certificates of Obligation of such maturity and bearing such interest rate shall be selected in accordance with
the arrangements between the Issuer and the securities depository.
AT LEAST 30 days prior to the date fixed for any redemption of Certificates of Obligation or portions
thereof prior to maturity a written notice of such redemption shall be sent by the Paying Agent/Registrar by
United States mail, first class postage prepaid, not less than 30 days prior to the date fixed for any such
redemption, to the registered owner of each Certificate of Obligation to be redeemed at its address as it
appeared on the 45th day prior to such redemption date; provided, however, that the failure to send, mail, or
receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity or
effectiveness of the proceedings for the redemption of any Certificate of Obligation, and it is hereby
specifically provided that the mailing of such notice as required above shall be the only notice actually required
in connection with or as a prerequisite to the redemption of any Certificates of Obligation or portions thereof.
By the date fixed for any such redemption due provision shall be made with the Paying Agent/Registrar for
the payment of the required redemption price for the Certificates of Obligation or portions thereof which are
to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such written notice of
redemption is mailed and if due provision for such payment is made, all as provided above, the Certificates
of Obligation or portions thereof which are to be so redeemed thereby automatically shall be treated as
redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for
redemption, and they shall not be regarded as being outstanding except for the right of the registered owner
to receive the redemption price plus accrued interest from the Paying Agent/Registrar out of the funds
provided for such payment. If a portion of any Certificate of Obligation shall be redeemed a substitute
Certificate of Obligation or Certificates of Obligation having the same maturity date, bearing interest at the
same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of
the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be
issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all
as provided in the Certificate of Obligation Ordinance.
THIS CERTIFICATE OF OBLIGATION OR ANY PORTION OR PORTIONS HEREOF IN
ANY INTEGRAL MULTIPLE OF $5,000 may be assigned and shall be transferred only in the Registration
Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Certificates
of Obligation, upon the terms and conditions set forth in the Certificate of Obligation Ordinance. Among other
requirements for such assignment and transfer, this Certificate of Obligation must be presented and
surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with
guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Certificate
of Obligation or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees
19
in whose name or names this Certificate of Obligation or any such portion or portions hereof is or are to be
transferred and registered. The form of Assignment printed or endorsed on this Certificate of Obligation shall
be executed by the registered owner or its duly authorized attorney or representative to evidence the
assignment hereof. A new Certificate of Obligation or Certificates of Obligation payable to such assignee
or assignees (which then will be the new registered owner or owners of such new Certificate of Obligation
or Certificates of Obligation), or to the previous registered owner in the case of the assignment and transfer
of only a portion of this Certificate of Obligation, may be delivered by the Paying Agent/Registrar in
conversion of and exchange for this Certificate of Obligation, all in the form and manner as provided in the
next paragraph hereof for the conversion and exchange of other Certificates of Obligation. The Issuer shall
pay the Paying Agent/Registrar's standard or customary fees and charges for making such transfer, but the
one requesting such transfer shall pay any taxes or other governmental charges required to be paid with
respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of this
Certificate of Obligation or any portion hereof (i) during the period commencing with the close of business
on any Record Date and ending with the opening of business on the next following principal or interest
payment date, or, (ii) with respect to any Certificate of Obligation or any portion thereof called for redemption
prior to maturity, within 45 days prior to its redemption date. The registered owner of this Certificate of
Obligation shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner
hereof for all purposes, including payment and discharge of liability upon this Certificate of Obligation to the
extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice
to the contrary.
ALL CERTIFICATES OF OBLIGATION OF THIS SERIES are issuable solely as fully registered
certificates of obligation, without interest coupons, in the denomination of any integral multiple of $5,000. As
provided in the Certificate of Obligation Ordinance, this Certificate of Obligation, or any unredeemed portion
hereof, may, at the request of the registered owner or the assignee or assignees hereof, be converted into and
exchanged for a like aggregate principal amount of fully registered Certificates of Obligation, without interest
coupons, payable to the appropriate registered owner, assignee, or assignees, as the case may be, having the
same maturity date, and bearing interest at the same rate, in any denomination or denominations in any integral
multiple of $5,000 as requested in writing by the appropriate registered owner, assignee, or assignees, as the
case may be, upon surrender of this Certificate of Obligation to the Paying Agent/Registrar for cancellation,
all in accordance with the form and procedures set forth in the Certificate of Obligation Ordinance. The
Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring,
converting, and exchanging any Certificate of Obligation or any portion thereof, but the one requesting such
transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with
respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The
Paying Agent/Registrar shall not be required to make any such conversion and exchange (i) during the period
commencing with the close of business on any Record Date and ending with the opening of business on the
next following principal or interest payment date, or, (ii) with respect to any Certificate of Obligation or portion
thereof called for redemption prior to maturity, within 45 days prior to its redemption date.
IN THE EVENT any Paying Agent/Registrar for the Certificates of Obligation is changed by the
Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate of Obligation
Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will
cause written notice thereof to be mailed to the registered owners of the Certificates of Obligation.
IT IS HEREBY certified, recited, and covenanted that this Certificate of Obligation has been duly
20
and validly authorized, issued, sold, and delivered; that all acts, conditions, and things required or proper to be
performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Certificate
of Obligation have been performed, existed, and been done in accordance with law; that this Certificate of
Obligation is a general obligation of the Issuer, issued on the full faith and credit thereof; and that ad valorem
taxes sufficient to provide for the payment of the interest on and principal of this Certificate of Obligation,
as such interest and principal come due, have been levied and ordered to be levied against all taxable property
in the Issuer, and have been pledged for such payment, within the limit prescribed by law, and that this
Certificate of Obligation is additionally secured by and payable from the limited surplus revenues of the
Issuer's Waterworks and Sewer System, remaining after payment of all operation and maintenance expenses
thereof, and all debt service, reserve, and other requirements in connection with all of the Issuer's revenue
bonds or other obligations (now or hereafter outstanding), which are payable from all or any part of the Net
Revenues of the Issuer's Waterworks and Sewer System.
BY BECOMING the registered owner of this Certificate of Obligation, the registered owner thereby
acknowledges all of the terms and provisions of the Certificate of Obligation Ordinance, agrees to be bound
by such terms and provisions, acknowledges that the Certificate of Obligation Ordinance is duly recorded and
available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that
the terms and provisions of this Certificate of Obligation and the Certificate of Obligation Ordinance constitute
a contract between each registered owner hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Certificate of Obligation to be signed with the
manual or facsimile signature of the Mayor of the Issuer and countersigned with the manual or facsimile
signature of the City Secretary of the Issuer, and has caused the official seal of the Issuer to be duly
impressed, or placed in facsimile, on this Certificate of Obligation.
City Secretary Mayor
CITY SEAL
21
FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
(To be executed if this Certificate of Obligation is not accompanied by an executed
Registration Certificate of the Comptroller of Public Accounts of the State of Texas)
It is hereby certified that this Certificate of Obligation has been issued under the provisions of the
Certificate of Obligation Ordinance described on the face of this Certificate of Obligation; and that this
Certificate of Obligation has been issued in conversion of and exchange for or replacement of a certificate
of obligation, certificates of obligation, or a portion of a certificate of obligation or certificates of obligation
of an issue which originally was approved by the Attorney General of the State of Texas and registered by
the Comptroller of Public Accounts of the State of Texas.
Dated Wachovia Bank, National Association
Paying Agent/Registrar
By _________________________
Authorized Representative
FORM OF ASSIGNMENT:
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned registered owner of this Certificate of Obligation, or duly
authorized representative or attorney thereof, hereby assigns this Certificate of Obligation to
(Assignee's Social Security or Tax
Payer Identification Number)
(Print or type Assignee's Name and Address Including
Zip Code)
and hereby irrevocably constitutes and appoints
attorney, to transfer the registration of this Certificate of Obligation on the Paying Agent/Registrar's
Registration Books with full power of substitution in the premises.
Dated _______________
NOTICE: This signature must be guaranteed
by a member of the New York Stock Exchange
or a commercial bank or trust company.
NOTICE: This signature must correspond with the
name of the Registered Owner appearing on the
face of this Certificate of Obligation in every
particular without alteration or enlargement or any
change whatsoever.
22
Section 8.TAX LEVY. A special Interest and Sinking Fund (the "Interest and Sinking Fund")
is hereby created solely for the benefit of the Certificates of Obligation, and the Interest and Sinking Fund
shall be established and maintained by the Issuer at an official depository bank of the Issuer. The Interest
and Sinking Fund shall be kept separate and apart from all other funds and accounts of the Issuer, and shall
be used only for paying the interest on and principal of the Certificates of Obligation. All ad valorem taxes
levied and collected for and on account of the Certificates of Obligation, together with any premium received
from the sale of the Certificates of Obligation, shall be deposited, as collected, to the credit of the Interest and
Sinking Fund. During each year while any of the Certificates of Obligation or interest thereon are outstanding
and unpaid, the governing body of the Issuer shall compute and ascertain a rate and amount of ad valorem
tax which will be sufficient to raise and produce the money required to pay the interest on the Certificates
of Obligation as such interest comes due, and to provide and maintain a sinking fund adequate to pay the
principal of its Certificates of Obligation as such principal matures (but never less than 2% of the original
principal amount of the Certificates of Obligation as a sinking fund each year); including such amounts to
satisfy the mandatory redemption schedule for the Bonds maturing February 1, _____ and _____, with such
mandatory redemption of principal and interest constituting payment at maturity on the dates and for the
amounts as follows:
February 1, _____ Maturity
Mandatory Redemption Dates Principal Amounts
$
(payment at maturity)
February 1, _____ Maturity
Mandatory Redemption Dates Principal Amounts
$
(payment at maturity)
Said tax shall be based on the latest approved tax rolls of the Issuer, with full allowance being made
for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied,
and is hereby ordered to be levied, against all taxable property in the Issuer for each year while any of the
Certificates of Obligation or interest thereon are outstanding and unpaid; and said tax shall be assessed and
collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad
valorem taxes sufficient to provide for the payment of the interest on and principal of the Certificates of
Obligation, as such interest comes due and such principal matures, are hereby pledged for such payment,
within the limit prescribed by law.
23
Chapter 1208, Government Code, applies to the issuance of the Certificates of Obligation and the
pledge of the taxes granted by the Issuer under this Section, and is therefore valid, effective, and perfected.
Should Texas law be amended at any time while the Certificates of Obligation are outstanding and unpaid,
the result of such amendment being that the pledge of the taxes granted by the Issuer under this Section is
to be subject to the filing requirements of Chapter 9, Business & Commerce Code, in order to preserve to the
registered owners of the Certificates of Obligation a security interest in said pledge, the Issuer agrees to take
such measures as it determines are reasonable and necessary under Texas law to comply with the applicable
provisions of Chapter 9, Business & Commerce Code and enable a filing of a security interest in said pledge
to occur.
Section 9.REVENUES. That said Certificates of Obligation, together with other obligations
of the Issuer, are additionally secured by and shall be payable from and secured by the collection of the limited
surplus revenues of the Issuer's Waterworks and Sewer System, after payment of all expenses of operation
and maintenance thereof, and all debt service, reserve, and other requirements in connection with all of the
Issuer's revenue Certificates of Obligation or other obligations (now or hereafter outstanding), which are
payable from all or any part of the Net Revenues of the Issuer's Waterworks and Sewer System, with such
amount of the revenues from the Waterworks and Sewer System not exceeding $1,000, constituting "Surplus
Revenues". The Issuer shall deposit such Surplus Revenues to the credit of the Interest and Sinking Fund
created pursuant to Section 8, to the extent necessary to pay the principal and interest on the Certificates of
Obligation. Notwithstanding the requirements of Section 8, if revenues are actually on deposit or budgeted
for deposit in the Interest and Sinking Fund in advance of the time when ad valorem taxes are scheduled to
be levied for any year, then the amount of taxes which otherwise would have been required to be levied
pursuant to Section 8 may be reduced to the extent and by the amount of the revenues then on deposit in the
Interest and Sinking Fund or budgeted for deposit therein.
Section 10.TRANSFER. That the Mayor and the City Secretary are hereby ordered to do any
and all things necessary to accomplish the transfer of monies to the Interest and Sinking Fund of this issue
in ample time to pay such items of principal and interest.
Section 11.DEFEASANCE OF CERTIFICATES OF OBLIGATION. (a) Any Certificate of
Oblig ation and the interest thereon shall be deemed to be paid, retired, and no longer outstanding (a "Defeased
Certificate of Obligation") within the meaning of this Ordinance, except to the extent provided in subsection
(d) of this Section, when payment of the principal of such Certificate of Obligation, plus interest thereon to
the due date (whether such due date be by reason of maturity or otherwise) either (i) shall have been made
or caused to be made in accordance with the terms thereof, or (ii) shall have been provided for on or before
such due date by irrevocably depositing with or making available to the Paying Agent/Registrar in accordance
with an escrow agreement or other instrument (the "Future Escrow Agreement") for such payment (1) lawful
money of the United States of America sufficient to make such payment or (2) Defeasance Securities that
mature as to principal and interest in such amounts and at such times as will insure the availability, without
reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been
made by the Issuer with the Paying Agent/Registrar for the payment of its services until all Defeased
Certificates of Obligation shall have become due and payable. At such time as a Certificate of Obligation
shall be deemed to be a Defeased Certificate of Obligation hereunder, as aforesaid, such Certificate of
Obligation and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of,
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the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such principal and interest
shall be payable solely from such money or Defeasance Securities. Notwithstanding any other provision of
this Ordinance to the contrary, it is hereby provided that any determination not to redeem Defeased
Certificates of Obligation that is made in conjunction with the payment arrangements specified in subsection
11(a)(i) or (ii) shall not be irrevocable, provided that: (1) in the proceedings providing for such payment
arrangements, the Issuer expressly reserves the right to call the Defeased Certificates of Obligation for
redemption; (2) gives notice of the reservation of that right to the owners of the Defeased Certificate of
Obligations immediately following the making of the payment arrangements; and (3) directs that notice of the
reservation be included in any redemption notices that it authorizes.
(b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the
Issuer also be invested in Defeasance Securities, maturing in the amounts and times as hereinbefore set forth,
and all income from such Defeasance Securities received by the Paying Agent/Registrar that is not required
for the payment of the Certificates of Obligation and interest thereon, with respect to which such money has
been so deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. Any
Future Escrow Agreement pursuant to which the money and/or Defeasance Securities are held for the
payment of Defeased Certificates of Obligation may contain provisions permitting the investment or
reinvestment of such moneys in Defeasance Securities or the substitution of other Defeasance Securities
upon the satisfaction of the requirements specified in subsection 11(a)(i) or (ii). All income from such
Defeasance Securities received by the Paying Agent/Registrar which is not required for the payment of the
Defeased Certificates of Obligation, with respect to which such money has been so deposited, shall be
remitted to the Issuer or deposited as directed in writing by the Issuer.
(c) The term "Defeasance Securities" means (i) direct, noncallable obligations of the United States
of America, including obligations that are unconditionally guaranteed by the United States of America, (ii)
noncallable obligations of an agency or instrumentality of the United States of America, including obligations
that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date of the
purchase thereof are rated as to investment quality by a nationally recognized investment rating firm not less
than AAA or its equivalent, and (iii) noncallable obligations of a state or an agency or a county, municipality,
or other political subdivision of a state that have been refunded and that, on the date the governing body of
the Issuer adopts or approves the proceedings authorizing the financial arrangements are rated as to
investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent.
(d) Until all Defeased Certificates of Obligation shall have become due and payable, the Paying
Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Certificates of
Obligation the same as if they had not been defeased, and the Issuer shall make proper arrangements to
provide and pay for such services as required by this Ordinance.
(e) In the event that the Issuer elects to defease less than all of the principal amount of Certificates
of Obligation of a maturity, the Paying Agent/Registrar shall select, or cause to be selected, such amount of
Certificates of Obligation by such random method as it deems fair and appropriate.
Section 12. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED CERTIFICATES
OF OBLIGATION. (a) Replacement Certificates of Obligation. In the event any outstanding Certificate
of Obligation is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be
printed, executed, and delivered, a new certificate of obligation of the same principal amount, maturity, and
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interest rate, as the damaged, mutilated, lost, stolen, or destroyed Certificate of Obligation, in replacement for
such Certificate of Obligation in the manner hereinafter provided.
(b) Application for Replacement Certificates of Obligation. Application for replacement of damaged,
mutilated, lost, stolen, or destroyed Certificates of Obligation shall be made by the registered owner thereof
to the Paying Agent/Registrar. In every case of loss, theft, or destruction of a Certificate of Obligation, the
registered owner applying for a replacement certificate of obligation shall furnish to the Issuer and to the
Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless
from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a
Certificate of Obligation, the registered owner shall furnish to the Issuer and to the Paying Agent/Registrar
evidence to their satisfaction of the loss, theft, or destruction of such Certificate of Obligation, as the case
may be. In every case of damage or mutilation of a Certificate of Obligation, the registered owner shall
surrender to the Paying Agent/Registrar for cancellation the Certificate of Obligation so damaged or
mutilated.
(c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the event any
such Certificate of Obligation shall have matured, and no default has occurred which is then continuing in the
payment of the principal of, redemption premium, if any, or interest on the Certificate of Obligation, the Issuer
may authorize the payment of the same (without surrender thereof except in the case of a damaged or
mutilated Certificate of Obligation) instead of issuing a replacement Certificate of Obligation, provided
security or indemnity is furnished as above provided in this Section.
(d) Charge for Issuing Replacement Certificates of Obligation. Prior to the issuance of any
replacement certificate of obligation, the Paying Agent/Registrar shall charge the registered owner of such
Certificate of Obligation with all legal, printing, and other expenses in connection therewith. Every
replacement certificate of obligation issued pursuant to the provisions of this Section by virtue of the fact that
any Certificate of Obligation is lost, stolen, or destroyed shall constitute a contractual obligation of the Issuer
whether or not the lost, stolen, or destroyed Certificate of Obligation shall be found at any time, or be
enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately
with any and all other Certificates of Obligation duly issued under this Ordinance.
(e) Authority for Issuing Replacement Certificates of Obligation. In accordance with Chapter 1201,
Texas Government Code, this Section 12 of this Ordinance shall constitute authority for the issuance of any
such replacement certificate of obligation without necessity of further action by the governing body of the
Issuer or any other body or person, and the duty of the replacement of such certificates of obligation is hereby
authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate
and deliver such Certificates of Obligation in the form and manner and with the effect, as provided in Section
6(d) of this Ordinance for Certificates of Obligation issued in conversion and exchange for other Certificates
of Obligation.
Section 13.CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES OF
OBLIGATION; BOND COUNSEL'S OPINION; CUSIP NUMBERS AND CONTINGENT
INSURANCE PROVISION, IF OBTAINED. The Mayor of the Issuer is hereby authorized to have control
of the Initial Certificate of Obligation issued hereunder and all necessary records and proceedings pertaining
to the Initial Certificate of Obligation pending its delivery and its investigation, examination, and approval by
the Attorney General of the State of Texas, and its registration by the Comptroller of Public Accounts of the
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State of Texas. Upon registration of the Initial Certificate of Obligation said Comptroller of Public Accounts
(or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's
Registration Certificate on the Initial Certificate of Obligation, and the seal of said Comptroller shall be
impressed, or placed in facsimile, on the Initial Certificate of Obligation. The approving legal opinion of the
Issuer's Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the
Initial Certificate of Obligation or on any Certificates of Obligation issued and delivered in conversion of and
exchange or replacement of any Certificate of Obligation, but neither shall have any legal effect, and shall
be solely for the convenience and information of the registered owners of the Certificates of Obligation. In
addition, if bond insurance is obtained, the Certificates of Obligation may bear an appropriate legend as
provided by the insurer.
Section 14.COVENANTS REGARDING TAX EXEMPTION. The Issuer covenants to refrain
from taking any action which would adversely affect, and to take any required action to ensure, the treatment
of the Certificates of Obligation as obligations described in Section 103 of the Internal Revenue Code of 1986,
as amended (the "Code"), the interest on which is not inculpable in the "gross income" of the holder for
purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows:
(a) to take any action to assure that no more than 10 percent of the proceeds of the Certificates of
Obligation or the projects financed therewith (less amounts deposited to a reserve fund, if any) or the projects
financed therewith are used for any "private business use," as defined in Section 141(b)(6) of the Code or,
if more than 10 percent of the proceeds or the projects financed therewith are so used, such amounts,
whether or not received by the Issuer, with respect to such private business use, do not, under the terms of
this Ordinance, or any underlying arrangement, directly or indirectly, secure or provide for the payment of
more than 10 percent of the debt service on the Certificates of Obligation, in contravention of Section
141(b)(2) of the Code;
(b) to take any action to assure that in the event that the "private business use" described in
subsection (a) hereof exceeds 5 percent of the proceeds of the Certificates of Obligation or the projects
financed therewith (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent
is used for a "private business use" which is "related" and not "disproportionate," within the meaning of Section
141(b)(3) of the Code, to the governmental use;
(c) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or 5
percent of the proceeds of the Certificates of Obligation (less amounts deposited into a reserve fund, if any)
is directly or indirectly used to finance loans to persons, other than state or local governmental units, in
contravention of Section 141(c) of the Code;
(d) to refrain from taking any action which would otherwise result in the Certificates of Obligation
being treated as "private activity Certificates of Obligation" within the meaning of Section 141(b) of the Code;
(e) to refrain from taking any action that would result in the Certificates of Obligation being "federally
guaranteed" within the meaning of Section 149(b) of the Code;
(f) to refrain from using any portion of the proceeds of the Certificates of Obligation, directly or
indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property
(as defined in Section 148(b)(2) of the Code) which produces a materially higher yield over the term of the
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Certificates of Obligation, other than investment property acquired with --
(1) proceeds of the Certificates of Obligation invested for a reasonable temporary period
of 3 years or less or, in the case of a refunding bond, for a period of 90 days or less until such
proceeds are needed for the purpose for which the Certificates of Obligation are issued,
(2) amounts invested in a bona fide debt service fund, within the meaning of Section
1.148-1(b) of the Treasury Regulations, and
(3) amounts deposited in any reasonably required reserve or replacement fund to the extent
such amounts do not exceed 10 percent of the proceeds of the Certificates of Obligation;
(g) to otherwise restrict the use of the proceeds of the Certificates of Obligation or amounts treated
as proceeds of the Certificates of Obligation, as may be necessary, so that the Certificates of Obligation do
not otherwise contravene the requirements of Section 148 of the Code (relating to arbitrage) and, to the extent
applicable, Section 149(d) of the Code (relating to advance refundings); and
(h) to pay to the United States of America at least once during each five-year period (beginning on
the date of delivery of the Certificates of Obligation) an amount that is at least equal to 90 percent of the
"Excess Earnings," within the meaning of Section 148(f) of the Code and to pay to the United States of
America, not later than 60 days after the Certificates of Obligation have been paid in full, 100 percent of the
amount then required to be paid as a result of Excess Earnings under Section 148(f) of the Code.
For the purposes of the foregoing (a) and (b), the Issuer understands that the term "proceeds"
includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding
Certificates of Obligation, transferred proceeds (if any) and proceeds of the refunded Certificates of
Obligation expended prior to the date of issuance of the Certificates of Obligation. It is the understanding of
the Issuer that the covenants contained herein are intended to assure compliance with the Code and any
regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event
that regulations or rulings are hereafter promulgated which modify or expand provisions of the Code, as
applicable to the Certificates of Obligation, the Issuer will not be required to comply with any covenant
contained herein to the extent that such failure to comply, in the opinion of nationally-recognized bond counsel,
will not adversely affect the exemption from federal income taxation of interest on the Certificates of
Obligation under Section 103 of the Code. In the event that regulations or rulings are hereafter promulgated
which impose additional requirements which are applicable to the Certificates of Obligation, the Issuer agrees
to comply with the additional requirements to the extent necessary, in the opinion of nationally-recognized
bond counsel, to preserve the exemption from federal income taxation of interest on the Certificates of
Obligation under Section 103 of the Code. In furtherance of such intention, the Issuer hereby authorizes and
directs the Mayor of the Issuer to execute any documents, certificates or reports required by the Code and
to make such elections, on behalf of the Issuer, which may be permitted by the Code as are consistent with
the purpose for the issuance of the Certificates of Obligation.
In order to facilitate compliance with the above covenant (h), a "Rebate Fund" is hereby established
by the Issuer for the sole benefit of the United States of America, and such fund shall not be subject to the
claim of any other person, including without limitation the bondholders. The Rebate Fund is established for
the additional purposes of compliance with Section 148 of the Code.
Section 15.ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR THE
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PROJECT. The Issuer covenants to account for the expenditure of sale proceeds and investment earnings
to be used for the purposes described in Section 1 of this Ordinance (each such purpose referred to herein
and Section 16 hereof as a "Project") on its books and records by allocating proceeds to expenditures within
18 months of the later of the date that (1) the expenditure is made, or (2) the Project is completed. The
foregoing notwithstanding, the Issuer shall not expend sale proceeds or investment earnings thereon more than
60 days after the later of (1) the fifth anniversary of the delivery of the Certificates of Obligation, or (2) the
date the Certificates of Obligation are retired, unless the Issuer obtains an opinion of nationally-recognized
bond counsel that such expenditure will not adversely affect the tax-exempt status of the Certificates of
Obligation.
Section 16.DISPOSITION OF PROJECT. The Issuer covenants that the property constituting
the Project will not be sold or otherwise disposed in a transaction resulting in the receipt by the Issuer of cash
or other compensation, unless the Issuer obtains an opinion of nationally-recognized bond counsel that such
sale or other disposition will not adversely affect the tax-exempt status of the Certificates of Obligation. For
purposes of the foregoing, the portion of the property comprising personal property and disposed in the
ordinary course shall not be treated as a transaction resulting in the receipt of cash or other compensation.
For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains an opinion that
such failure to comply will not adversely affect the excludability for federal income tax purposes from gross
income of the interest.
Section 17.DESIGNATION AS QUALIFIED TAX-EXEMPT OBLIGATIONS. The Issuer
hereby designates the Certificates of Obligation as "qualified tax-exempt obligations" as defined in Section
265(b)(3) of the Code. In furtherance of such designation, the Issuer represents, covenants and warrants the
following: (a) that during the calendar year in which the Certificates of Obligation are issued, the Issuer
(including any subordinate entities) has not designated nor will designate obligations, which when aggregated
with the Certificates of Obligation, will result in more than $10,000,000 of "qualified tax-exempt obligations"
being issued; and (b) that the Issuer reasonably anticipates that the amount of tax-exempt obligations issued,
during the calendar year in which the Certificates of Obligation are issued, by the Issuer (or any subordinate
entities) will not exceed $10,000,000.
Section 18.CONTINUING DISCLOSURE. (a) Annual Reports. (i) The Issuer shall provide
annually to each NRMSIR and any SID, within six months after the end of each fiscal year ending in or after
2003, financial information and operating data with respect to the Issuer of the general type included in the
final Official Statement authorized by Section 20 of this Ordinance, being the information described in Exhibit
A. Any financial statements so to be provided shall be prepared in accordance with the accounting principles
described in Exhibit A thereto, or such other accounting principles as the Issuer may be required to employ
from time to time pursuant to state law or regulation, and audited, if the Issuer commissions an audit of such
statements and the audit is completed within the period during which they must be provided. If the audit of
such financial statements is not complete within such period, then the Issuer shall provide audited financial
statements for the applicable fiscal year to each NRMSIR and any SID, when and if the audit report on such
statements become available.
(ii) If the Issuer changes its fiscal year, it will notify each NRMSIR and any SID of the change (and
of the date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be required
to provide financial information and operating data pursuant to this Section. The financial information and
operating data to be provided pursuant to this Section may be set forth in full in one or more documents or
may be included by specific reference to any document (including an official statement or other offering
document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any
29
SID or filed with the SEC.
(b) Material Event Notices. The Issuer shall notify any SID and either each NRMSIR or the
MSRB, in a timely manner, of any of the following events with respect to the Certificates of Obligation, if
such event is material within the meaning of the federal securities laws:
1.Principal and interest payment delinquencies;
2.Non-payment related defaults;
3.Unscheduled draws on debt service reserves reflecting financial difficulties;
4.Unscheduled draws on credit enhancements reflecting financial difficulties;
5.Substitution of credit or liquidity providers, or their failure to perform;
6.Adverse tax opinions or events affecting the tax-exempt status of the Certificates of
Obligation;
7.Modifications to rights of holders of the Certificates of Obligation;
8.Certificate of Obligation calls;
9.Defeasances;
10.Release, substitution, or sale of property securing repayment of the Certificates of
Obligation; and
11.Rating changes.
The Issuer shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure
by the Issuer to provide financial information or operating data in accordance with subsection (a) of this
Section by the time required by such subsection.
(c) Limitations, Disclaimers, and Amendments. (i) The Issuer shall be obligated to observe and
perform the covenants specified in this Section for so long as, but only for so long as, the Issuer remains an
"obligated person" with respect to the Certificates of Obligation within the meaning of the Rule, except that
the Issuer in any event will give notice of any deposit made in accordance with this Ordinance or applicable
law that causes Certificates of Obligation no longer to be outstanding.
(ii) The provisions of this Section are for the sole benefit of the holders and beneficial owners of the
Certificates of Obligation, and nothing in this Section, express or implied, shall give any benefit or any legal
or equitable right, remedy, or claim hereunder to any other person. The Issuer undertakes to provide only the
financial information, operating data, financial statements, and notices which it has expressly agreed to provide
pursuant to this Section and does not hereby undertake to provide any other information that may be relevant
or material to a complete presentation of the Issuer's financial results, condition, or prospects or hereby
undertake to update any information provided in accordance with this Section or otherwise, except as
expressly provided herein. The Issuer does not make any representation or warranty concerning such
information or its usefulness to a decision to invest in or sell Certificates of Obligation at any future date.
(iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE HOLDER
OR BENEFICIAL OWNER OF ANY CERTIFICATE OF OBLIGATION OR ANY OTHER PERSON,
IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY
BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF
ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY
SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH
SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE.
30
(iv) No default by the Issuer in observing or performing its obligations under this Section shall
comprise a breach of or default under the Ordinance for purposes of any other provision of this Ordinance.
Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the Issuer
under federal and state securities laws.
(v) The provisions of this Section may be amended by the Issuer from time to time to adapt to
changed circumstances that arise from a change in legal requirements, a change in law, or a change in the
identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions of this Section, as so
amended, would have permitted an underwriter to purchase or sell Certificates of Obligation in the primary
offering of the Certificates of Obligation in compliance with the Rule, taking into account any amendments
or interpretations of the Rule since such offering as well as such changed circumstances and (2) either (a)
the holders of a majority in aggregate principal amount (or any greater amount required by any other provision
of this Ordinance that authorizes such an amendment) of the Outstanding Certificates of Obligation consent
to such amendment or (b) a person that is unaffiliated with the Issuer (such as bond counsel determined that
such amendment will not materially impair the interest of the holders and beneficial owners of the Certificates
of Obligation. If the Issuer so amends the provisions of this Section, it shall include with any amended
financial information or operating data next provided in accordance with subsection (a) of this Section an
explanation, in narrative form, of the reason for the amendment and of the impact of any change in the type
of financial information or operating data so provided. The Issuer may also amend or repeal the provisions
of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or
a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the
extent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing or
selling Certificates of Obligation in the primary offering of the Certificates of Obligation.
(d) Definitions . As used in this Section, the following terms have the meanings ascribed to such
terms below:
"MSRB" means the Municipal Securities Rulemaking Board.
"NRMSIR" means each person whom the SEC or its staff has determined to be a nationally
recognized municipal securities information repository within the meaning of the Rule from time to
time.
"Rule " means SEC Rule 15c2-12, as amended from time to time.
"SEC" means the United States Securities and Exchange Commission.
"SID" means any person designated by the State of Texas or an authorized department, officer, or
agency thereof as, and determined by the SEC or its staff to be, a state information depository within
the meaning of the Rule from time to time.
Section 19.SALE OF CERTIFICATE OF OBLIGATION. The Certificates of Obligation are
hereby sold and shall be delivered to RBC DAIN RAUSCHER INC. (the "Underwriter") for the purchase
price of $____________ (representing the par amount of the Certificates of Obligation less a Net Original
Issue Premium of $__________ less an Underwriter's discount on the Certificates of Obligation of
$__________) plus interest accrued (accrued interest to be deposited into the Interest and Sinking Fund)
thereon to date of delivery pursuant to the terms and provisions of a Purchase Contract in substantially the
form attached hereto as Exhibit B which the Mayor of the Issuer is hereby authorized and directed to execute
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and deliver and which the City Secretary of the Issuer is hereby authorized and directed to attest. It is hereby
officially found, determined, and declared that the terms of this sale are the most advantageous reasonably
obtainable. The Initial Certificates of Obligation shall be registered in the name of RBC DAIN RAUSCHER,
INC.
Section 20.APPROVAL OF OFFICIAL STATEMENT. The Issuer hereby approves the form
and content of the Official Statement relating to the Certificates of Obligation and any addenda, supplement
or amendment thereto, and approves the distribution of such Official Statement in the reoffering of the
Certificates of Obligation by the Underwriter in final form, with such changes therein or additions thereto as
the officer executing the same may deem advisable, such determination to be conclusively evidenced by his
execution thereof. The Preliminary Official Statement, dated June 2, 2003, is hereby approved and deemed
final as of its date, as prepared by SEC Rule 15-2-12, and the distribution and use of the Preliminary Official
Statement prior to the date hereof is hereby ratified and confirmed.
Section 21.INTEREST EARNINGS ON CERTIFICATES OF OBLIGATION PROCEEDS.
The earnings derived from the investment of proceeds from the sale of the Certificates of Obligation shall be
used along with other Certificates of Obligation proceeds as described in Section 1 hereof; provided that after
completion of such project, if any of such interest earnings remain on hand, such interest earnings shall be
deposited in the Interest and Sinking Fund. It is further provided, however, that interest earnings on the
Certificates of Obligation proceeds which are required to be rebated to the United States of America pursuant
to Section 14 hereof in order to prevent the Certificates of Obligation from being arbitrage Certificate of
Obligations shall be so rebated and not considered as interest earnings for the purpose of this Section.
Section 22.INSURANCE. The Issuer approves the insurance of the Bonds by
________________________________________ and the payment of such premium and covenant to
comply with all of the terms of the insurance commitment, a copy of which is attached hereto as Exhibit C
and is hereby adopted by this Ordinance.
Section 23.PUBLIC NOTICE. It is hereby officially found and determined that public notice
of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government
Code, and no petition was received from the qualified electors of the Issuer protesting the issuance of such
Certificates of Obligation.
Section 24.APPROPRIATION. There is hereby appropriated for transfer into the Interest and
Sinking Fund, from available funds of the Issuer, moneys sufficient to pay principal and interest coming due
on February 1, 2004.
Section 25.EFFECTIVE DATE. This Ordinance shall become effective immediately upon
passage.
------------------
APPROVED THIS THE 10th DAY OF JUNE, 2003.
________________________
Mayor
________________________
City Secretary
APPROVED AS TO FORM:
________________________
Bond Counsel
EXHIBIT A
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 18 of this Ordinance.
I. Annual Financial Statements and Operating Data
The financial information and operating data with respect to the Issuer to be provided annually in
accordance with such Section are as specified (and included in the Appendix or under the headings of the
Official Statement and Tables referred to) below:
Tables 1 through 6 and 8 through 15 and in Appendix B
Accounting Principles
The accounting principles referred to in such Section are the accounting principles described in the
notes to the financial statements referred to in paragraph 1 above.
EXHIBIT B
PURCHASE AGREEMENT
EXHIBIT C
INSURANCE COMMITMENT
DEPT: Finance
DATE: June 10, 2003
ITEM #: 11
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of an Ordinance authorizing the issuance of City of Coppell, Texas General
Obligation Refunding Bonds, Series 2003, approving an Official Statement, authorizing the execution of a
purchase agreement and an Escrow Agreement, and making provisions for the security thereof, and ordaining other
matters relating to the subject and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY: This issuance includes bonds from previous issues that are being refunded to take
advantage of the current interest rate environment.
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: $GO03-1AgendaReq
1
ORDINANCE NO. 2003-_____ AUTHORIZING THE ISSUANCE OF CITY OF COPPELL,
TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2003; APPROVING AN
OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION OF A PURCHASE
AGREEMENT AND AN ESCROW AGREEMENT; MAKING PROVISIONS FOR THE
SECURITY THEREOF; AND ORDAINING OTHER MATTERS RELATING TO THE
SUBJECT
THE STATE OF TEXAS §
COUNTIES OF DALLAS AND DENTON §
CITY OF COPPELL §
WHEREAS, the City of Coppell, Texas (the "Issuer) has duly issued and there is now outstanding,
the following series or issue of bonds and certificates of obligation which are secured by the full faith and
credit of the Issuer and a pledge by the Issuer to levy ad valorem taxes sufficient to pay principal of and
interest on the bonds and certificates of obligation as they become due and a pledge of surplus revenues to
further secure the certificates of obligation:
CITY OF COPPELL, TEXAS Combination Tax and Revenue Certificates of Obligation,
Series 1995, dated February 1, 1995, maturities February 1, 2004 through February 1, 2005,
in the aggregate principal amount of $450,000 (the "Series 1995 Certificates of Obligation");
CITY OF COPPELL, TEXAS General Obligation Bonds, Series 1995, dated August 1,
1995, maturities February 1, 2004 through February 1, 2007, in the aggregate principal
amount of $225,000 (the "Series 1995 Bonds"); and
CITY OF COPPELL, TEXAS Combination Tax and Revenue Certificates of Obligation,
Series 1995A, dated August 1, 1995, maturities February 1, 2004 through February 1, 2007,
in the aggregate principal amount of $550,000 (the "Series 1995A Certificates of
Obligation");
CITY OF COPPELL, TEXAS Combination Tax and Revenue Certificates of Obligation,
Series 1996, dated June 15, 1996, maturities February 1, 2004 through February 1, 2015, in
the aggregate principal amount of $1,970,000 (the "Series 1996 Certificates of Obligation");
WHEREAS, the Issuer now desires to refund maturities 2005 of the Series 1995 Certificates of
Obligation, in the principal amount of $235,000, maturities 2005 through 2007 of the Series 1995 Bonds, in the
principal amount of $175,000, maturities 2005 through 2007 of the Series 1995A Certificates of Obligation,
in the principal amount of $425,000, maturities 2006 through 2015 of the Series 1996 Certificates of Obligation,
in the principal amount of $1,725,000; for a total aggregate amount of $2,560,000 (the "Refunded
Obligations"); and
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WHEREAS, the City Council of the Issuer deems it advisable to refund the Refunded Obligations
in order to achieve a debt service savings of approximately $__________ and a net present value savings
of $__________; and
WHEREAS, Chapter 1207, Texas Government Code, authorizes the Issuer to issue refunding bonds
and to deposit the proceeds from the sale thereof together with any other available funds or resources, directly
with a place of payment or paying agent or a trust company or commercial bank that does not act as a
depository for the Issuer and is named in these proceedings for the Refunded Obligations, and such deposit,
if made before such payment dates, shall constitute the making of firm banking and financial arrangements
for the discharge and final payment of the Refunded Obligations; and
WHEREAS, Chapter 1207, Texas Government Code, further authorizes the Issuer to enter into an
escrow agreement with the paying agent, or a trust company or commercial bank, for the Refunded
Obligations with respect to the safekeeping, investment, reinvestment, administration and disposition of any
such deposit, upon such terms and conditions as the Issuer and such paying agent may agree, provided that
such deposits may be invested and reinvested including obligations the principal of and interest on which are
unconditionally guaranteed by the United States of America, and which shall mature and bear interest payable
at such times and in such amounts as will be sufficient to provide for the scheduled payment or prepayment
of the Refunded Obligations; and
WHEREAS, Wachovia Bank National Association, Houston, Texas, is the Escrow Agent for the
Escrow Agreement hereinafter authorized, constitutes an agreement of the kind authorized and permitted by
said Chapter 1207, Texas Government Code and the Escrow Agent is so named in accordance with Section
1207.061, Texas Government Code; and
WHEREAS, all the Refunded Obligations mature or are subject to redemption prior to maturity
within 20 years of the date of the bonds hereinafter authorized; and
WHEREAS, the bonds hereinafter authorized and designated are to be issued and delivered pursuant
to Chapter 1207, Texas Government Code; and
WHEREAS, the meeting was open to the public and public notice of the time, place and purpose of
said meeting was given pursuant to Chapter 551, Texas Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
Section 1.AMOUNT AND PURPOSE OF THE BONDS. The bond or bonds of the CITY
OF COPPELL, TEXAS (the "Issuer") are hereby authorized to be issued and delivered in the aggregate
principal amount of $2,830,000 for refunding the Refunded Obligations.
Section 2.DESIGNATION OF THE BONDS. Each bond issued pursuant to this Ordinance
shall be designated: "CITY OF COPPELL, TEXAS GENERAL OBLIGATION REFUNDING BOND,
SERIES 2003", and initially there shall be issued, sold, and delivered hereunder a single fully registered bond,
without interest coupons, payable in annual installments of principal (the "Initial Bond"), but the Initial Bond
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may be assigned and transferred and/or converted into and exchanged for a like aggregate principal amount
of fully registered bonds, without interest coupons, having serial and annual maturities, and in the denomination
or denominations of $5,000 or any integral multiple of $5,000, all in the manner hereinafter provided. The term
"Bonds" as used in this Ordinance shall mean and include collectively the Initial Bond and all substitute bonds
exchanged therefor, as well as all other substitute bonds and replacement bonds issued pursuant hereto, and
the term "Bond" shall mean any of the Bonds.
Section 3.INITIAL DATE, DENOMINATION, NUMBER, MATURITIES, INITIAL
REGISTERED OWNER, AND CHARACTERISTICS OF THE INITIAL BOND. (a) The Initial Bond
is hereby authorized to be issued, sold, and delivered hereunder as a single fully registered Bond, without
interest coupons, dated June 1, 2003, in the denomination and aggregate principal amount of $2,830,000
numbered R-1, payable in annual installments of principal to the initial registered owner thereof, to-wit: RBC
DAIN RAUSCHER, INC., or to the registered assignee or assignees of said Bond or any portion or portions
thereof (in each case, the "registered owner"), with the annual installments of principal of the Initial Bond to
be payable on the dates, respectively, and in the principal amounts, respectively, stated in the FORM OF
INITIAL BOND set forth in this Ordinance.
(b) The Initial Bond (i) may be prepaid or redeemed prior to the respective scheduled due dates of
installments of principal thereof, (ii) may be assigned and transferred, (iii) may be converted and exchanged
for other Bonds, (iv) shall have the characteristics, and (v) shall be signed and sealed, and the principal of and
interest on the Initial Bond shall be payable, all as provided, and in the manner required or indicated, in the
FORM OF INITIAL BOND set forth in this Ordinance.
Section 4.INTEREST. The unpaid principal balance of the Initial Bond shall bear interest from
the date of the Initial Bond and will be calculated on the basis of a 360-day year of twelve 30-day months to
the respective scheduled due dates, or to the respective dates of prepayment or redemption, of the
installments of principal of the Initial Bond, and said interest shall be payable, all in the manner provided and
at the rates and on the dates stated in the FORM OF INITIAL BOND set forth in this Ordinance.
Section 5.FORM OF INITIAL BOND. The form of the Initial Bond, including the form of
Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be endorsed on the
Initial Bond, shall be substantially as follows:
FORM OF INITIAL BOND
NO. R-1 $2,830,000
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF DALLAS AND DENTON
CITY OF COPPELL, TEXAS
GENERAL OBLIGATION REFUNDING BOND, SERIES 2003
The CITY OF COPPELL, in DALLAS AND DENTON COUNTIES (the "Issuer"), being a political
subdivision of the State of Texas, hereby promises to pay to
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RBC DAIN RAUSCHER, INC.
or to the registered assignee or assignees of this Bond or any portion or portions hereof (in each case, the
"registered owner") the aggregate principal amount of
TWO MILLION EIGHT HUNDRED THIRTY THOUSAND DOLLARS
in annual installments of principal due and payable on FEBRUARY 1 in each of the years, and in the
respective principal amounts, as set forth in the following schedule:
YEAR AMOUNT YEAR AMOUNT
2004 2010
2005 2011
2006 2012
2007 2013
2008 2014
2009 2015
and to pay interest, from the date of this Bond hereinafter stated, on the balance of each such installment of
principal, respectively, from time to time remaining unpaid, at the rates as follows:
maturity 2004,%maturity 2010,%
maturity 2005,%maturity 2011,%
maturity 2006,%maturity 2012,%
maturity 2007,%maturity 2013,%
maturity 2008,%maturity 2014,%
maturity 2009,%maturity 2015,%
with said interest being payable on February 1, 2004, and semiannually on each August 1 and February 1
thereafter while this Bond or any portion hereof is outstanding and unpaid.
THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this Bond are payable
in lawful money of the United States of America, without exchange or collection charges. The installments
of principal and the interest on this Bond are payable to the registered owner hereof through the services of
WACHOVIA BANK NATIONAL ASSOCIATION, HOUSTON, TEXAS, which is the "Paying
Agent/Registrar" for this Bond. Payment of all principal of and interest on this Bond shall be made by the
Paying Agent/Registrar to the registered owner hereof on each principal and/or interest payment date by
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check or draft, dated as of such date, drawn by the Paying Agent/Registrar on, and payable solely from, funds
of the Issuer required by the ordinance authorizing the issuance of this Bond (the "Bond Ordinance") to be
on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft
shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such
principal and/or interest payment date, to the registered owner hereof, at the address of the registered owner,
as it appeared on the 15th day of the month next preceding each such date (the "Record Date") on the
Registration Books kept by the Paying Agent/Registrar, as hereinafter described, or by such other method
acceptable to the Paying Agent/Registrar requested by, and at the risk and expense of, the registered owner.
The Issuer covenants with the registered owner of this Bond that on or before each principal and/or interest
payment date for this Bond it will make available to the Paying Agent/Registrar, from the "Interest and
Sinking Fund" created by the Bond Ordinance, the amounts required to provide for the payment, in
immediately available funds, of all principal of and interest on this Bond, when due.
IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday,
Sunday, a legal holiday, or a day on which banking institutions in the city where the Paying Agent/Registrar
is located are authorized by law or executive order to close, then the date for such payment shall be the next
succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are
authorized to close; and payment on such date shall have the same force and effect as if made on the original
date payment was due.
THIS BOND has been authorized in accordance with the Constitution and laws of the State of Texas,
in the principal amount of $2,830,000 for refunding the Refunded Obligations.
THIS BOND, to the extent of the unpaid or unredeemed principal balance hereof, or any unpaid and
unredeemed portion hereof in any integral multiple of $5,000, may be assigned by the initial registered owner
hereof and shall be transferred only in the Registration Books of the Issuer kept by the Paying
Agent/Registrar acting in the capacity of registrar for the Bonds, upon the terms and conditions set forth in
the Bond Ordinance. Among other requirements for such transfer, this Bond must be presented and
surrendered to the Paying Agent/Registrar for cancellation, together with proper instruments of assignment,
in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment
by the initial registered owner of this Bond, or any portion or portions hereof in any integral multiple of $5,000,
to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or
are to be transferred and registered. Any instrument or instruments of assignment satisfactory to the Paying
Agent/Registrar may be used to evidence the assignment of this Bond or any such portion or portions hereof
by the initial registered owner hereof. A new bond or bonds payable to such assignee or assignees (which
then will be the new registered owner or owners of such new Bond or Bonds) or to the initial registered
owner as to any portion of this Bond which is not being assigned and transferred by the initial registered
owner, shall be delivered by the Paying Agent/Registrar in conversion of and exchange for this Bond or any
portion or portions hereof, but solely in the form and manner as provided in the next paragraph hereof for the
conversion and exchange of this Bond or any portion hereof. The registered owner of this Bond shall be
deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all
purposes, including payment and discharge of liability upon this Bond to the extent of such payment, and the
Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary.
AS PROVIDED above and in the Bond Ordinance, this Bond, to the extent of the unpaid or
unredeemed principal balance hereof, may be converted into and exchanged for a like aggregate principal
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amount of fully registered bonds, without interest coupons, payable to the assignee or assignees duly
designated in writing by the initial registered owner hereof, or to the initial registered owner as to any portion
of this Bond which is not being assigned and transferred by the initial registered owner, in any denomination
or denominations in any integral multiple of $5,000 (subject to the requirement hereinafter stated that each
substitute bond issued in exchange for any portion of this Bond shall have a single stated principal maturity
date), upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the
form and procedures set forth in the Bond Ordinance. If this Bond or any portion hereof is assigned and
transferred or converted each bond issued in exchange for any portion hereof shall have a single stated
principal maturity date corresponding to the due date of the installment of principal of this Bond or portion
hereof for which the substitute bond is being exchanged, and shall bear interest at the rate applicable to and
borne by such installment of principal or portion thereof. Such bonds, respectively, shall be subject to
redemption prior to maturity on the same dates and for the same prices as the corresponding installment of
principal of this Bond or portion hereof for which they are being exchanged. No such bond shall be payable
in installments, but shall have only one stated principal maturity date. AS PROVIDED IN THE BOND
ORDINANCE, THIS BOND IN ITS PRESENT FORM MAY BE ASSIGNED AND TRANSFERRED
OR CONVERTED ONCE ONLY, and to one or more assignees, but the bonds issued and delivered in
exchange for this Bond or any portion hereof may be assigned and transferred, and converted, subsequently,
as provided in the Bond Ordinance. The Issuer shall pay the Paying Agent/Registrar's standard or customary
fees and charges for transferring, converting, and exchanging this Bond or any portion thereof, but the one
requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to
be paid with respect thereto. The Paying Agent/Registrar shall not be required to make any such assignment,
conversion, or exchange (i) during the period commencing with the close of business on any Record Date and
ending with the opening of business on the next following principal or interest payment date, or, (ii) with
respect to any Bond or portion thereof called for prepayment or redemption prior to maturity, within 45 days
prior to its prepayment or redemption date.
IN THE EVENT any Paying Agent/Registrar for this Bond is changed by the Issuer, resigns, or
otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint
a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be
mailed to the registered owner of this Bond.
IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly authorized,
issued, sold, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and
be done precedent to or in the authorization, issuance, and delivery of this Bond have been performed, existed,
and been done in accordance with law; that this Bond is a general obligation of the Issuer, issued on the full
faith and credit thereof; and that ad valorem taxes sufficient to provide for the payment of the interest on and
principal of this Bond, as such interest and principal come due, have been levied and ordered to be levied
against all taxable property in the Issuer, and have been pledged for such payment, within the limit prescribed
by law.
BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all
of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions,
acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes
and records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and
the Bond Ordinance constitute a contract between the registered owner hereof and the Issuer.
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IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual signature
of the Mayor of the Issuer and countersigned with the manual signature of the City Secretary of the Issuer,
has caused the official seal of the Issuer to be duly impressed on this Bond, and has caused this Bond to be
dated June 1, 2003.
City Secretary Mayor
(CITY SEAL)
FORM OF REGISTRATION CERTIFICATE
OF THE COMPTROLLER OF PUBLIC ACCOUNTS:
COMPTROLLER'S REGISTRATION CERTIFICATE:
REGISTER NO.
I hereby certify that this Bond has been examined, certified as to validity, and approved by the
Attorney General of the State of Texas, and that this Bond has been registered by the Comptroller of Public
Accounts of the State of Texas.
Witness my signature and seal this
___________________________________________
Comptroller of Public Accounts of the State of Texas
(COMPTROLLER'S SEAL)
Section 6.ADDITIONAL CHARACTERISTICS OF THE BONDS. (a) Registration and
Transfer. The Issuer shall keep or cause to be kept at the principal corporate trust office of WACHOVIA
BANK, NATIONAL ASSOCIATION, HOUSTON, TEXAS (the "Paying Agent/Registrar") books or
records of the registration and transfer of the Bonds (the "Registration Books"), and the Issuer hereby
appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and
make such transfers and registrations under such reasonable regulations as the Issuer and Paying
Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such transfers and registrations
as herein provided. The Paying Agent/Registrar shall obtain and record in the Registration Books the address
of the registered owner of each Bond to which payments with respect to the Bonds shall be mailed, as herein
provided; but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of
the address to which payments shall be mailed, and such interest payments shall not be mailed unless such
notice has been given. The Issuer shall have the right to inspect the Registration Books during regular
business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the
Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any
other entity. Registration of each Bond may be transferred in the Registration Books only upon presentation
and surrender of such Bond to the Paying Agent/Registrar for transfer of registration and cancellation,
together with proper written instruments of assignment, in form and with guarantee of signatures satisfactory
to the Paying Agent/Registrar, (i) evidencing the assignment of the Bond, or any portion thereof in any integral
multiple of $5,000, to the assignee or assignees thereof, and (ii) the right of such assignee or assignees to have
8
the Bond or any such portion thereof registered in the name of such assignee or assignees. Upon the
assignment and transfer of any Bond or any portion thereof, a new substitute Bond or Bonds shall be issued
in conversion and exchange therefor in the manner herein provided. The Initial Bond, to the extent of the
unpaid or unredeemed principal balance thereof, may be assigned and transferred by the initial registered
owner thereof once only, and to one or more assignees designated in writing by the initial registered owner
thereof. All Bonds issued and delivered in conversion of and exchange for the Initial Bond shall be in any
denomination or denominations of any integral multiple of $5,000 (subject to the requirement hereinafter stated
that each substitute Bond shall have a single stated principal maturity date), shall be in the form prescribed
in the FORM OF SUBSTITUTE BOND set forth in this Ordinance, and shall have the characteristics, and
may be assigned, transferred, and converted as hereinafter provided. If the Initial Bond or any portion thereof
is assigned and transferred or converted the Initial Bond must be surrendered to the Paying Agent/Registrar
for cancellation, and each Bond issued in exchange for any portion of the Initial Bond shall have a single
stated principal maturity date, and shall not be payable in installments; and each such Bond shall have a
principa l maturity date corresponding to the due date of the installment of principal or portion thereof for
which the substitute Bond is being exchanged; and each such Bond shall bear interest at the single rate
applicable to and borne by such installment of principal or portion thereof for which it is being exchanged.
If only a portion of the Initial Bond is assigned and transferred, there shall be delivered to and registered in
the name of the initial registered owner substitute Bonds in exchange for the unassigned balance of the Initial
Bond in the same manner as if the initial registered owner were the assignee thereof. If any Bond or portion
thereof other than the Initial Bond is assigned and transferred or converted each Bond issued in exchange
shall have the same principal maturity date and bear interest at the same rate as the Bond for which it is
exchanged. A form of assignment shall be printed or endorsed on each Bond, excepting the Initial Bond,
which shall be executed by the registered owner or its duly authorized attorney or representative to evidence
an assignment thereof. Upon surrender of any Bonds or any portion or portions thereof for transfer of
registration, an authorized representative of the Paying Agent/Registrar shall make such transfer in the
Registration Books, and shall deliver a new fully registered substitute Bond or Bonds, having the
characteristics herein described, payable to such assignee or assignees (which then will be the registered
owner or owners of such new Bond or Bonds), or to the previous registered owner in case only a portion of
a Bond is being assigned and transferred, all in conversion of and exchange for said assigned Bond or Bonds
or any portion or portions thereof, in the same form and manner, and with the same effect, as provided in
Section 6(d), below, for the conversion and exchange of Bonds by any registered owner of a Bond. The
Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such
transfer and delivery of a substitute Bond or Bonds, but the one requesting such transfer shall pay any taxes
or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall
not be required to make transfers of registration of any Bond or any portion thereof (i) during the period
commencing with the close of business on any Record Date and ending with the opening of business on the
next following principal or interest payment date, or, (ii) with respect to any Bond or any portion thereof called
for redemption prior to maturity, within 30 days prior to its redemption date.
(b) Ownership of Bonds . The entity in whose name any Bond shall be registered in the Registration
Books at any time shall be deemed and treated as the absolute owner thereof for all purposes of this
Ordinance, whether or not such Bond shall be overdue, and the Issuer and the Paying Agent/Registrar shall
not be affected by any notice to the contrary; and payment of, or on account of, the principal of, premium,
if any, and interest on any such Bond shall be made only to such registered owner. All such payments shall
be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums
so paid.
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(c) Payment of Bonds and Interest. The Issuer hereby further appoints the Paying Agent/Registrar
to act as the paying agent for paying the principal of and interest on the Bonds, and to act as its agent to
convert and exchange or replace Bonds, all as provided in this Ordinance. The Paying Agent/Registrar shall
keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the
Bonds, and of all conversions and exchanges of Bonds, and all replacements of Bonds, as provided in this
Ordinance. However, in the event of a nonpayment of interest on a scheduled payment date, and for thirty
(30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be
established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been
received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past
due interest (which shall be l5 days after the Special Record Date) shall be sent at least five (5) business days
prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each
Bondholder appearing on the Registration Books at the close of business on the last business day next
preceding the date of mailing of such notice.
(d) Conversion and Exchange or Replacement; Authentication. Each Bond issued and delivered
pursuant to this Ordinance, to the extent of the unpaid or unredeemed principal balance or principal amount
thereof, may, upon surrender of such Bond at the principal corporate trust office of the Paying
Agent/Registrar, together with a written request therefor duly executed by the registered owner or the
assignee or assignees thereof, or its or their duly authorized attorneys or representatives, with guarantee of
signatures satisfactory to the Paying Agent/Registrar, may, at the option of the registered owner or such
assignee or assignees, as appropriate, be converted into and exchanged for fully registered bonds, without
interest coupons, in the form prescribed in the FORM OF SUBSTITUTE BOND set forth in this Ordinance,
in the denomination of $5,000, or any integral multiple of $5,000 (subject to the requirement hereinafter stated
that each substitute Bond shall have a single stated maturity date), as requested in writing by such registered
owner or such assignee or assignees, in an aggregate principal amount equal to the unpaid or unredeemed
principal balance or principal amount of any Bond or Bonds so surrendered, and payable to the appropriate
registered owner, assignee, or assignees, as the case may be. If the Initial Bond is assigned and transferred
or converted each substitute Bond issued in exchange for any portion of the Initial Bond shall have a single
stated principal maturity date, and shall not be payable in installments; and each such Bond shall have a
principal maturity date corresponding to the due date of the installment of principal or portion thereof for
which the substitute Bond is being exchanged; and each such Bond shall bear interest at the single rate
applicable to and borne by such installment of principal or portion thereof for which it is being exchanged.
If a portion of any Bond (other than the Initial Bond) shall be redeemed prior to its scheduled maturity as
provided herein, a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate,
in the denomination or denominations of any integral multiple of $5,000 at the request of the registered owner,
and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered
owner upon surrender thereof for cancellation. If any Bond or portion thereof (other than the Initial Bond)
is assigned and transferred or converted, each Bond issued in exchange therefor shall have the same principal
maturity date and bear interest at the same rate as the Bond for which it is being exchanged. Each substitute
Bond shall bear a letter and/or number to distinguish it from each other Bond. The Paying Agent/Registrar
shall convert and exchange or replace Bonds as provided herein, and each fully registered bond delivered in
conversion of and exchange for or replacement of any Bond or portion thereof as permitted or required by
any provision of this Ordinance shall constitute one of the Bonds for all purposes of this Ordinance, and may
again be converted and exchanged or replaced. It is specifically provided that any Bond authenticated in
conversion of and exchange for or replacement of another Bond on or prior to the first scheduled Record
Date for the Initial Bond shall bear interest from the date of the Initial Bond, but each substitute Bond so
10
authenticated after such first scheduled Record Date shall bear interest from the interest payment date next
preceding the date on which such substitute Bond was so authenticated, unless such Bond is authenticated
after any Record Date but on or before the next following interest payment date, in which case it shall bear
interest from such next following interest payment date; provided, however, that if at the time of delivery of
any substitute Bond the interest on the Bond for which it is being exchanged is due but has not been paid, then
such Bond shall bear interest from the date to which such interest has been paid in full. THE INITIAL
BOND issued and delivered pursuant to this Ordinance is not required to be, and shall not be, authenticated
by the Paying Agent/ Registrar, but on each substitute Bond issued in conversion of and exchange for or
replacement of any Bond or Bonds issued under this Ordinance there shall be printed a certificate, in the form
substantially as follows:
"PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance
described on the face of this Bond; and that this Bond has been issued in conversion of and exchange for or
replacement of a bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by
the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State
of Texas.
Paying Agent/Registrar
Dated __________By_________________________
Authorized Representative"
An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Bond, date
and manually sign the above Certificate, and no such Bond shall be deemed to be issued or outstanding unless
such Certificate is so executed. The Paying Agent/Registrar promptly shall cancel all Bonds surrendered for
conversion and exchange or replacement. No additional ordinances, orders, or resolutions need be passed
or adopted by the governing body of the Issuer or any other body or person so as to accomplish the foregoing
conversion and exchange or replacement of any Bond or portion thereof, and the Paying Agent/Registrar shall
provide for the printing, execution, and delivery of the substitute Bonds in the manner prescribed herein, and
said Bonds shall be of type composition printed on paper with lithographed or steel engraved borders of
customary weight and strength. Pursuant to Chapter 1207, Texas Government Code, the duty of conversion
and exchange or replacement of Bonds as aforesaid is hereby imposed upon the Paying Agent/Registrar, and,
upon the execution of the above Paying Agent/Registrar's Authentication Certificate, the converted and
exchanged or replaced Bond shall be valid, incontestable, and enforceable in the same manner and with the
same effect as the Initial Bond which originally was issued pursuant to this Ordinance, approved by the
Attorney General, and registered by the Comptroller of Public Accounts. The Issuer shall pay the Paying
Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging any
Bond or any portion thereof, but the one requesting any such transfer, conversion, and exchange shall pay
any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the
exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to
make any such conversion and exchange or replacement of Bonds or any portion thereof (i) during the period
commencing with the close of business on any Record Date and ending with the opening of business on the
next following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called
for redemption prior to maturity, within 45 days prior to its redemption date.
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(e) In General. All Bonds issued in conversion and exchange or replacement of any other Bond or
portion thereof, (i) shall be issued in fully registered form, without interest coupons, with the principal of and
interest on such Bonds to be payable only to the registered owners thereof, (ii) may be redeemed prior to their
scheduled maturities, (iii) may be transferred and assigned, (iv) may be converted and exchanged for other
Bonds, (v) shall have the characteristics, (vi) shall be signed and sealed, and (vii) the principal of and interest
on the Bonds shall be payable, all as provided, and in the manner required or indicated, in the FORM OF
SUBSTITUTE BOND set forth in this Ordinance.
(f) Payment of Fees and Charges. The Issuer hereby covenants with the registered owners of the
Bonds that it will (i) pay the standard or customary fees and charges of the Paying Agent/Registrar for its
services with respect to the payment of the principal of and interest on the Bonds, when due, and (ii) pay the
fees and charges of the Paying Agent/Registrar for services with respect to the transfer of registration of
Bonds, and with respect to the conversion and exchange of Bonds solely to the extent above provided in this
Ordinance.
(g) Substitute Paying Agent/Registrar. The Issuer covenants with the registered owners of the
Bonds that at all times while the Bonds are outstanding the Issuer will provide a competent and legally
qualified bank, trust company, financial institution, or other agency to act as and perform the services of
Paying Agent/Registrar for the Bonds under this Ordinance, and that the Paying Agent/Registrar will be one
entity. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not
less than 120 days written notice to the Paying Agent/ Registrar, to be effective not later than 60 days prior
to the next principal or interest payment date after such notice. In the event that the entity at any time acting
as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or
otherwise cease to act as such, the Issuer covenants that promptly it will appoint a competent and legally
qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under
this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar
promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent
books and records relating to the Bonds, to the new Paying Agent/Registrar designated and appointed by the
Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice
thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Bonds, by United
States mail, first-class postage prepaid, which notice also shall give the address of the new Paying
Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be
deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be
delivered to each Paying Agent/Registrar.
(h) Book-Entry Only System. The Bonds issued in exchange for the Bonds initially issued to the
purchaser specified herein shall be initially issued in the form of a separate single fully registered Bond for
each of the maturities thereof. Upon initial issuance, the ownership of each such Bond shall be registered
in the name of Cede & Co., as nominee of Depository Trust Company of New York ("DTC"), and except
as provided in subsection (i) hereof, all of the outstanding Bonds shall be registered in the name of Cede &
Co., as nominee of DTC.
With respect to Bonds registered in the name of Cede & Co., as nominee of DTC, the Issuer and
the Paying Agent/Registrar shall have no responsibility or obligation to any DTC Participant or to any person
on behalf of whom such a DTC Participant holds an interest on the Bonds. Without limiting the immediately
preceding sentence, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation with
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respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect to any
ownership interest in the Bonds, (ii) the delivery to any DTC Participant or any other person, other than a
Bondholder, as shown on the Registration Books, of any notice with respect to the Bonds, including any notice
of redemption, or (iii) the payment to any DTC Participant or any other person, other than a Bondholder, as
shown in the Registration Books of any amount with respect to principal of, premium, if any, or interest on,
as the case may be, the Bonds. Notwithstanding any other provision of this Ordinance to the contrary, the
Issuer and the Paying Agent/Registrar shall be entitled to treat and consider the person in whose name each
Bond is registered in the Registration Books as the absolute owner of such Bond for the purpose of payment
of principal, premium, if any, and interest, as the case may be, with respect to such Bond, for the purpose of
giving notices of redemption and other matters with respect to such Bond, for the purpose of registering
transfers with respect to such Bond, and for all other purposes whatsoever. The Paying Agent/Registrar shall
pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the respective
owners, as shown in the Registration Books as provided in this Ordinance, or their respective attorneys duly
authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the
Issuer's obligations with respect to payment of principal of, premium, if any, and interest on, or as the case
may be, the Bonds to the extent of the sum or sums so paid. No person other than an owner, as shown in
the Registration Books, shall receive a Bond certificate evidencing the obligation of the Issuer to make
payments of principal, premium, if any, and interest, as the case may be, pursuant to this Ordinance. Upon
delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to
substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect
to interest checks being mailed to the registered owner at the close of business on the Record Date, the word
"Cede & Co." in this Ordinance shall refer to such new nominee of DTC.
(i) Successor Securities Depository; Transfers Outside Book-Entry Only System. In the event that
the Issuer or the Paying Agent/Registrar determines that DTC is incapable of discharging its responsibilities
described herein and in the representation letter of the Issuer to DTC and that it is in the best interest of the
beneficial owners of the Bonds that they be able to obtain certificated Bonds, the Issuer or the Paying
Agent/Registrar shall (i) appoint a successor securities depository, qualified to act as such under Section 17(a)
of the Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants of the
appointment of such successor securities depository and transfer one or more separate Bonds to such
successor securities depository or (ii) notify DTC and DTC Participants of the availability through DTC of
Bonds and transfer one or more separate Bonds to DTC Participants having Bonds credited to their DTC
accounts. In such event, the Bonds shall no longer be restricted to being registered in the Registration Books
in the name of Cede & Co., as nominee of DTC, but may be registered in the name of the successor
securities depository, or its nominee, or in whatever name or names Bondholders transferring or exchanging
Bonds shall designate, in accordance with the provisions of this Ordinance.
(j) Payments to Cede & Co. Notwithstanding any other provision of this Ordinance to the contrary,
so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect
to principal of, premium, if any, and interest on, or as the case may be, such Bond and all notices with respect
to such Bond shall be made and given, respectively, in the manner provided in the representation letter of the
Issuer to DTC.
Section 7.FORM OF SUBSTITUTE BONDS. The form of all Bonds issued in conversion
and exchange or replacement of any other Bond or portion thereof, including the form of Paying
Agent/Registrar's Certificate to be printed on each of such Bonds, and the Form of Assignment to be printed
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on each of the Bonds, shall be, respectively, substantially as follows, with such appropriate variations,
omissions, or insertions as are permitted or required by this Ordinance.
FORM OF SUBSTITUTE BOND
PRINCIPAL AMOUNT
NO. _____$___________________
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF DALLAS AND DENTON
CITY OF COPPELL, TEXAS
GENERAL OBLIGATION REFUNDING BOND, SERIES 2003
INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP NO.
June 1, 2003
ON THE MATURITY DATE specified above, the CITY OF COPPELL, in DALLAS AND
DENTON COUNTIES, TEXAS (the "Issuer"), being a political subdivision of the State of Texas, hereby
promises to pay to
__________________________________________________,
or to the registered assignee hereof (either being hereinafter called the "registered owner") the principal
amount of
________________________________________________
and to pay interest thereon from June 1, 2003 to the maturity date specified above, at the interest rate per
annum specified above; with interest being payable on February 1, 2004 and semiannually thereafter on each
August 1 and February 1, except that if the date of authentication of this Bond is later than January 15, 2004,
such principal amount shall bear interest from the interest payment date next preceding the date of
authentication, unless such date of authentication is after any Record Date (hereinafter defined) but on or
before the next following interest payment date, in which case such principal amount shall bear interest from
such next following interest payment date.
THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United
States of America, without exchange or collection charges. The principal of this Bond shall be paid to the
registered owner hereof upon presentation and surrender of this Bond at maturity or upon the date fixed for
its redemption prior to maturity, at the principal corporate trust office of WACHOVIA BANK,
NATIONAL ASSOCIATION, HOUSTON, TEXAS, which is the "Paying Agent/Registrar" for this Bond.
The payment of interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner
hereof on each interest payment date by check or draft, dated as of such interest payment date, drawn by
the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance
authorizing the issuance of the Bonds (the "Bond Ordinance") to be on deposit with the Paying
Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying
Agent/Registrar by United States Mail, first-class postage prepaid, on each such interest payment date, to the
registered owner hereof, at the address of the registered owner, as it appeared on the fifteenth business day
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of the month next preceding each such date (the "Record Date") on the Registration Books kept by the
Paying Agent/Registrar, as hereinafter described, or by such other method acceptable to the Paying
Agent/Registrar requested by, and the risk and expense of, the registered owner. Any accrued interest due
upon the redemption of this Bond prior to maturity as provided herein shall be paid to the registered owner
upon presentation and surrender of this Bond for redemption and payment at the principal corporate trust
office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Bond that on
or before each principal payment date, interest payment date, and accrued interest payment date for this Bond
it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Bond
Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal
of and interest on the Bonds, when due.
IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday,
Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar
is located are authorized by law or executive order to close, then the date for such payment shall be the next
succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are
authorized to close; and payment on such date shall have the same force and effect as if made on the original
date payment was due.
THIS BOND is one of an issue of Bonds initially dated June 1, 2003, authorized in accordance with
the Constitution and laws of the State of Texas in the principal amount of $2,830,000 for refunding the
Refunded Obligations.
THIS BOND OR ANY PORTION OR PORTIONS HEREOF IN ANY INTEGRAL MULTIPLE
OF $5,000 may be assigned and shall be transferred only in the Registration Books of the Issuer kept by the
Paying Agent/Registrar acting in the capacity of registrar for the Bonds, upon the terms and conditions set
forth in the Bond Ordinance. Among other requirements for such assignment and transfer, this Bond must
be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment,
in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment
of this Bond or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees
in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and
registered. The form of Assignment printed or endorsed on this Bond shall be executed by the registered
owner or its duly authorized attorney or representative, to evidence the assignment hereof. A new Bond or
Bonds payable to such assignee or assignees (which then will be the new registered owner or owners of such
new Bond or Bonds), or to the previous registered owner in the case of the assignment and transfer of only
a portion of this Bond, may be delivered by the Paying Agent/Registrar in conversion of and exchange for
this Bond, all in the form and manner as provided in the next paragraph hereof for the conversion and
exchange of other Bonds. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and
charges for making such transfer, but the one requesting such transfer shall pay any taxes or other
governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be
required to make transfers of registration of this Bond or any portion hereof (i) during the period commencing
with the close of business on any Record Date and ending with the opening of business on the next following
principal or interest payment date, or, (ii) with respect to any Bond or any portion thereof called for
redemption prior to maturity, within 45 days prior to its redemption date. The registered owner of this Bond
shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for
all purposes, including payment and discharge of liability upon this Bond to the extent of such payment, and
the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary.
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ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without interest
coupons, in the denomination of any integral multiple of $5,000. As provided in the Bond Ordinance, this
Bond, or any unredeemed portion hereof, may, at the request of the registered owner or the assignee or
assignees hereof, be converted into and exchanged for a like aggregate principal amount of fully registered
bonds, without interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the
case may be, having the same maturity date, and bearing interest at the same rate, in any denomination or
denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner,
assignee, or assignees, as the case may be, upon surrender of this Bond to the Paying Agent/Registrar for
cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance. The Issuer
shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting,
and exchanging any Bond or any portion thereof, but the one requesting such transfer, conversion, and
exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition
precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall
not be required to make any such conversion and exchange (i) during the period commencing with the close
of business on any Record Date and ending with the opening of business on the next following principal or
interest payment date, or, (ii) with respect to any Bond or portion thereof called for redemption prior to
maturity, within 45 days prior to its redemption date.
IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the Issuer, resigns, or
otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint
a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be
mailed to the registered owners of the Bonds.
IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly authorized,
issued, sold, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and
be done precedent to or in the authorization, issuance, and delivery of this Bond have been performed, existed,
and been done in accordance with law; that this Bond is a general obligation of the Issuer, issued on the full
faith and credit thereof; and that ad valorem taxes sufficient to provide for the payment of the interest on and
principal of this Bond, as such interest and principal come due, have been levied and ordered to be levied
against all taxable property in the Issuer, and have been pledged for such payment, within the limit prescribed
by law.
BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all
of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions,
acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes
and records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and
the Bond Ordinance constitute a contract between each registered owner hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or facsimile
signature of the Mayor of the Issuer and countersigned with the manual or facsimile signature of the City
Secretary of the Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in
facsimile, on this Bond.
City Secretary Mayor
(CITY SEAL)
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FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
(To be executed if this Bond is not accompanied by an executed
Registration Certificate of the Comptroller of Public Accounts of the State of Texas)
It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described
in the text of this Bond; and that this Bond has been issued in conversion or replacement of, or in exchange for,
a bond, bonds, or a portion of a bond or bonds of a Series which originally was approved by the Attorney
General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas.
Dated Wachovia Bank, National Association, Houston, Texas
By
Authorized Representative
17
FORM OF ASSIGNMENT :
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned registered owner of this Bond, or duly authorized
representative or attorney thereof, hereby assigns this Bond to
(Assignee's Social Security or Tax Payer
Identification Number)
(Print or type Assignee's Name and Address Including Zip
Code)
and hereby irrevocably constitutes and appoints
Attorney, to transfer the registration of this Bond on the Paying Agent/Registrar's Registration Books with full
power of substitution in the premises.
Dated _______________
NOTICE: This signature must be guaranteed by
a member of the New York Stock Exchange or
a commercial bank or trust company.
NOTICE: This signature must correspond with the
name of the Registered Owner appearing on the face
of this Bond.
Section 8.TAX LEVY. A special Interest and Sinking Fund (the "Interest and Sinking Fund")
is hereby created solely for the benefit of the Bonds, and the Interest and Sinking Fund shall be established
and maintained by the Issuer at an official depository bank of the Issuer. The Interest and Sinking Fund shall
be kept separate and apart from all other funds and accounts of the Issuer, and shall be used only for paying
the interest on and principal of the Bonds. All ad valorem taxes levied and collected for and on account of
the Bonds shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year
while any of the Bonds or interest thereon are outstanding and unpaid, the governing body of the Issuer shall
compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the
money required to pay the interest on the Bonds as such interest comes due, and to provide and maintain a
sinking fund adequate to pay the principal of its Bonds as such principal matures (but never less than 2% of
the original principal amount of the Bonds as a sinking fund each year).
Said tax shall be based on the latest approved tax rolls of the Issuer, with full allowance being made
for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied,
and is hereby ordered to be levied, against all taxable property in the Issuer for each year while any of the
Bonds or interest thereon are outstanding and unpaid; and said tax shall be assessed and collected each such
year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient
to provide for the payment of the interest on and principal of the Bonds, as such interest comes due and such
principal matures, are hereby pledged for such payment, within the limit prescribed by law.
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Chapter 1208, Government Code, applies to the issuance of the Bonds and the pledge of the taxes
granted by the Issuer under this Section, and is therefore valid, effective, and perfected. Should Texas law
be amended at any time while the Bonds are outstanding and unpaid, the result of such amendment being that
the pledge of the taxes granted by the Issuer under this Section is to be subject to the filing requirements of
Chapter 9, Business & Commerce Code, in order to preserve to the registered owners of the Bonds a security
interest in said pledge, the Issuer agrees to take such measures as it determines are reasonable and necessary
under Texas law to comply with the applicable provisions of Chapter 9, Business & Commerce Code and
enable a filing of a security interest in said pledge to occur.
Section 9.DEFEASANCE OF BONDS. (a) Any Bond and the interest thereon shall be
deemed to be paid, retired, and no longer outstanding (a "Defeased Bond") within the meaning of this
Ordinance, except to the extent provided in subsection (d) of this Section, when payment of the principal of
such Bond, plus interest thereon to the due date (whether such due date be by reason of maturity or
otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii)
shall have been provided for on or before such due date by irrevocably depositing with or making available
to the Paying Agent/Registrar in accordance with an escrow agreement or other instrument (the "Future
Escrow Agreement") for such payment (1) lawful money of the United States of America sufficient to make
such payment or (2) Defeasance Securities that mature as to principal and interest in such amounts and at
such times as will insure the availability, without reinvestment, of sufficient money to provide for such
payment, and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar for
the payment of its services until all Defeased Bonds shall have become due and payable. At such time as
a Bond shall be deemed to be a Defeased Bond hereunder, as aforesaid, such Bond and the interest thereon
shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied
and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such
money or Defeasance Securities.
(b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the
Issuer also be invested in Defeasance Securities, maturing in the amounts and times as hereinbefore set forth,
and all income from such Defeasance Securities received by the Paying Agent/Registrar that is not required
for the payment of the Bonds and interest thereon, with respect to which such money has been so deposited,
shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. Any Future Escrow
Agreement pursuant to which the money and/or Defeasance Securities are held for the payment of Defeased
Bonds may contain provisions permitting the investment or reinvestment of such moneys in Defeasance
Securities or the substitution of other Defeasance Securities upon the satisfaction of the requirements
specified in subsection 9(a)(i) or (ii). All income from such Defeasance Securities received by the Paying
Agent/Registrar which is not required for the payment of the Defeased Bonds, with respect to which such
money has been so deposited, shall be remitted to the Issuer or deposited as directed in writing by the Issuer.
(c) The term "Defeasance Securities" means (i) direct, noncallable obligations of the United States
of America, including obligations that are unconditionally guaranteed by the United States of America., (ii)
noncallable obligations of an agency or instrumentality of the United States of America, including obligations
that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date of the
purchase thereof are rated as to investment quality by a nationally recognized investment rating firm not less
than AAA or its equivalent, and (iii) noncallable obligations of a state or an agency or a county, municipality,
or other political subdivision of a state that have been refunded and that, on the date the governing body of
the Issuer adopts or approves the proceedings authorizing the financial arrangements are rated as to
19
investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent.
(d) Until all Defeased Bonds shall have become due and payable, the Paying Agent/Registrar shall
perform the services of Paying Agent/Registrar for such Defeased Bonds the same as if they had not been
defeased, and the Issuer shall make proper arrangements to provide and pay for such services as required
by this Ordinance.
(e) In the event that the Issuer elects to defease less than all of the principal amount of Bonds of a
maturity, the Paying Agent/Registrar shall select, or cause to be selected, such amount of Bonds by such
random method as it deems fair and appropriate.
Section 10.DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS. (a)
Replacement Bonds . In the event any outstanding Bond is damaged, mutilated, lost, stolen, or destroyed, the
Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new bond of the same principal
amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Bond, in replacement
for such Bond in the manner hereinafter provided.
(b) Application for Replacement Bonds . Application for replacement of damaged, mutilated, lost,
stolen, or destroyed Bonds shall be made by the registered owner thereof to the Paying Agent/Registrar. In
every case of loss, theft, or destruction of a Bond, the registered owner applying for a replacement bond shall
furnish to the Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them
to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss,
theft, or destruction of a Bond, the registered owner shall furnish to the Issuer and to the Paying
Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Bond, as the case may
be. In every case of damage or mutilation of a Bond, the registered owner shall surrender to the Paying
Agent/Registrar for cancellation the Bond so damaged or mutilated.
(c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the event any
such Bond shall have matured, and no default has occurred which is then continuing in the payment of the
principal of, redemption premium, if any, or interest on the Bond, the Issuer may authorize the payment of the
same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a
replacement Bond, provided security or indemnity is furnished as above provided in this Section.
(d) Charge for Issuing Replacement Bonds . Prior to the issuance of any replacement bond, the
Paying Agent/Registrar shall charge the registered owner of such Bond with all legal, printing, and other
expenses in connection therewith. Every replacement bond issued pursuant to the provisions of this Section
by virtue of the fact that any Bond is lost, stolen, or destroyed shall constitute a contractual obligation of the
Issuer whether or not the lost, stolen, or destroyed Bond shall be found at any time, or be enforceable by
anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all
other Bonds duly issued under this Ordinance.
(e) Authority for Issuing Replacement Bonds . In accordance with Chapter 1207, Texas Government
Code, this Section 10 of this Ordinance shall constitute authority for the issuance of any such replacement
bond without necessity of further action by the governing body of the Issuer or any other body or person, and
the duty of the replacement of such bonds is hereby authorized and imposed upon the Paying Agent/Registrar,
and the Paying Agent/Registrar shall authenticate and deliver such Bonds in the form and manner and with
20
the effect, as provided in Section 6(d) of this Ordinance for Bonds issued in conversion and exchange for
other Bonds.
Section 11.CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND
COUNSEL'S OPINION; CUSIP NUMBERS; AND CONTINGENT INSURANCE PROVISION, IF
OBTAINED. The Mayor of the Issuer is hereby authorized to have control of the Initial Bond issued
hereunder and all necessary records and proceedings pertaining to the Initial Bond pending its delivery and
its investigation, examination, and approval by the Attorney General of the State of Texas, and its registration
by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Initial Bond said
Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually
sign the Comptroller's Registration Certificate on the Initial Bond, and the seal of said Comptroller shall be
impressed, or placed in facsimile, on the Initial Bond. The approving legal opinion of the Issuer's bond counsel
and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the Bond or any Bonds
issued and delivered in conversion of and exchange or replacement of any Bond, but neither shall have any
legal effect, and shall be solely for the convenience and information of the registered owners of the Bonds.
In addition, if bond insurance is obtained, the Bonds may bear an appropriate legend as provided by the
Insurer.
Section 12.COVENANTS REGARDING TAX EXEMPTION. The Issuer covenants to refrain
from taking any action which would adversely affect, and to take any required action to ensure, the treatment
of the Bonds as obligations described in Section 103 of the Internal Revenue Code of 1986, as amended (the
"Code"), the interest on which is not includable in the "gross income" of the holder for purposes of federal
income taxation. In furtherance thereof, the Issuer covenants as follows:
(a) to take any action to assure that no more than 10 percent of the proceeds of the Bonds or the
projects financed therewith (less amounts deposited to a reserve fund, if any) are used for any "private
business use," as defined in Section 141(b)(6) of the Code or, if more than 10 percent of the proceeds or the
projects financed therewith are so used, such amounts, whether or not received by the Issuer, with respect
to such private business use, do not, under the terms of this Ordinance, or any underlying arrangement,
directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the
Bonds, in contravention of Section 141(b)(2) of the Code;
(b) to take any action to assure that in the event that the "private business use" described in
Subsection (a) hereof exceeds 5 percent of the proceeds of the Bonds or the projects financed therewith (less
amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private
business use" which is "related" and not "disproportionate," within the meaning of Section 141(b)(3) of the
Code, to the governmental use;
(c) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or 5
percent of the proceeds of the Bonds (less amounts deposited into a reserve fund, if any) is directly or
indirectly used to finance loans to persons, other than state or local governmental units, in contravention of
Section 141(c) of the Code;
(d) to refrain from taking any action which would otherwise result in the Bonds being treated as
"private activity bonds" within the meaning of Section 141(b) of the Code;
21
(e) to refrain from taking any action that would result in the Bonds being "federally guaranteed"
within the meaning of Section 149(b) of the Code;
(f) to refrain from using any portion of the proceeds of the Bonds, directly or indirectly, to acquire
or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in
Section 148(b)(2) of the Code) which produces a materially higher yield over the term of the Bonds, other
than investment property acquired with --
(1) proceeds of the Bonds invested for a reasonable temporary period of 3 years or less or,
in the case of a refunding bond, for a period of 30 days or less until such proceeds are needed for the
purpose for which the Bonds are issued,
(2) amounts invested in a bona fide debt service fund, within the meaning of Section 1.148-
1(b) of the Treasury Regulations, and
(3) amounts deposited in any reasonably required reserve or replacement fund to the extent
such amounts do not exceed 10 percent of the proceeds of the Bonds;
(g) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as proceeds of the
Bonds, as may be necessary, so that the Bonds do not otherwise contravene the requirements of Section 148
of the Code (relating to arbitrage) and, to the extent applicable, Section 149(d) of the Code (relating to
advance refundings); and
(h) to pay to the United States of America at least once during each five-year period (beginning on
the date of delivery of the Bonds) an amount that is at least equal to 90 percent of the "Excess Earnings,"
within the meaning of Section 148(f) of the Code and to pay to the United States of America, not later than
60 days after the Bonds have been paid in full, 100 percent of the amount then required to be paid as a result
of Excess Earnings under Section 148(f) of the Code.
The Issuer understands that the term "proceeds" includes "disposition proceeds" as defined in the
Treasury Regulations and, in the case of refunding bonds, transferred proceeds (if any) and proceeds of the
refunded bonds expended prior to the date of issuance of the Bonds. It is the understanding of the Issuer
that the covenants contained herein are intended to assure compliance with the Code and any regulations or
rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations
or rulings are hereafter promulgated which modify or expand provisions of the Code, as applicable to the
Bonds, the Issuer will not be required to comply with any covenant contained herein to the extent that such
failure to comply, in the opinion of nationally-recognized bond counsel, will not adversely affect the exemption
from federal income taxation of interest on the Bonds under Section 103 of the Code. In the event that
regulations or rulings are hereafter promulgated which impose additional requirements which are applicable
to the Bonds, the Issuer agrees to comply with the additional requirements to the extent necessary, in the
opinion of nationally-recognized bond counsel, to preserve the exemption from federal income taxation of
interest on the Bonds under Section 103 of the Code. In furtherance of such intention, the Issuer hereby
authorizes and directs the Mayor of the Issuer to execute any documents, certificates or reports required by
the Code and to make such elections, on behalf of the Issuer, which may be permitted by the Code as are
consistent with the purpose for the issuance of the Bonds.
22
In order to facilitate compliance with the above covenant (h), a "Rebate Fund" is hereby established
by the Issuer for the sole benefit of the United States of America, and such Fund shall not be subject to the
claim of any other person, including without limitation the bondholders. The Rebate Fund is established for
the additional purpose of compliance with Section 148 of the Code.
Section 13.ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR THE
PROJECT. The Issuer covenants to account for the expenditure of sale proceeds and investment earnings
to be used for the purposes described in Section 1 of this Ordinance (the "Project") on its books and records
by allocating proceeds to expenditures within 18 months of the later of the date that (1) the expenditure is
made, or (2) the Project is completed. The foregoing notwithstanding, the Issuer shall not expend sale
proceeds or investment earnings thereon more than 60 days after the earlier of (1) the fifth anniversary of
the delivery of the Bonds, or (2) the date the Bonds are retired, unless the Issuer obtains an opinion of
nationally-recognized bond counsel that such expenditure will not adversely affect the tax-exempt status of
the Bonds. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains
an opinion that such failure to comply will not adversely affect the excludability for federal income tax
purposes from gross income of the interest.
Section 14.DISPOSITION OF PROJECT. The Issuer covenants that the property constituting
the Project originally financed by Refunded Obligations will not be sold or otherwise disposed in a transaction
resulting in the receipt by the Issuer of cash or other compensation, unless the Issuer obtains an opinion of
nationally-recognized bond counsel that such sale or other disposition will not adversely affect the tax-exempt
status of the Bonds. For purposes of the foregoing, the portion of the property comprising personal property
and disposed in the ordinary course shall not be treated as a transaction resulting in the receipt of cash or
other compensation. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if
it obtains an opinion that such failure to comply will not adversely affect the excludability for federal income
tax purposes from gross income of the interest.
Section 15.DESIGNATION AS QUALIFIED TAX-EXEMPT OBLIGATIONS. The Issuer
hereby designates the Bonds as "qualified tax-exempt obligations" as defined in Section 265(b)(3) of the Code.
In furtherance of such designation, the Issuer represents, covenants and warrants the following: (a) that
during the calendar year in which the Bonds are issued, the Issuer (including any subordinate entities) has not
designated nor will designate obligations, which when aggregated with the Bonds, will result in more than
$10,000,000 of "qualified tax-exempt obligations" being issued; and (b) that the Issuer reasonably anticipates
that the amount of tax-exempt obligations issued, during the calendar year in which the Bonds are issued, by
the Issuer (or any subordinate entities) will not exceed $10,000,000.
Section 16.CONTINUING DISCLOSURE. (a) Annual Reports. (i) The Issuer shall provide
annually to each NRMSIR and any SID, within six months after the end of each fiscal year ending in or after
2003, financial information and operating data with respect to the Issuer of the general type included in the
final Official Statement authorized by Section 18 of this Ordinance, being the information described in Exhibit
A. Any financial statements so to be provided shall be prepared in accordance with the accounting principles
described in Exhibit A thereto, or such other accounting principles as the Issuer may be required to employ
from time to time pursuant to state law or regulation, and audited, if the Issuer commissions an audit of such
statements and the audit is completed within the period during which they must be provided. If the audit of
such financial statements is not complete within such period, then the Issuer shall provide audited financial
statements for the applicable fiscal year to each NRMSIR and any SID, when and if the audit report on such
23
statements become available.
(ii) If the Issuer changes its fiscal year, it will notify each NRMSIR and any SID of the change (and
of the date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be required
to provide financial information and operating data pursuant to this Section. The financial information and
operating data to be provided pursuant to this Section may be set forth in full in one or more documents or
ma y be included by specific reference to any document (including an official statement or other offering
document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any
SID or filed with the SEC.
(b) Material Event Notices. The Issuer shall notify any SID and either each NRMSIR or the
MSRB, in a timely manner, of any of the following events with respect to the Bonds, if such event is material
within the meaning of the federal securities laws:
1.Principal and interest payment delinquencies;
2.Non-payment related defaults;
3.Unscheduled draws on debt service reserves reflecting financial difficulties;
4.Unscheduled draws on credit enhancements reflecting financial difficulties;
5.Substitution of credit or liquidity providers, or their failure to perform;
6.Adverse tax opinions or events affecting the tax-exempt status of the Bonds;
7.Modifications to rights of holders of the Bonds;
8.Bond calls;
9.Defeasances;
10.Release, substitution, or sale of property securing repayment of the Bonds; and
11.Rating changes.
The Issuer shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure
by the Issuer to provide financial information or operating data in accordance with subsection (a) of this
Section by the time required by such subsection.
(c) Limitations, Disclaimers, and Amendments. (i) The Issuer shall be obligated to observe and
perform the covenants specified in this Section for so long as, but only for so long as, the Issuer remains an
"obligated person" with respect to the Bonds within the meaning of the Rule, except that the Issuer in any
event will give notice of any deposit made in accordance with this Ordinance or applicable law that causes
Bonds no longer to be outstanding.
(ii) The provisions of this Section are for the sole benefit of the holders and beneficial owners of the
Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right,
remedy, or claim hereunder to any other person. The Issuer undertakes to provide only the financial
information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant
to this Section and does not hereby undertake to provide any other information that may be relevant or
material to a complete presentation of the Issuer's financial results, condition, or prospects or hereby
undertake to update any information provided in accordance with this Section or otherwise, except as
expressly provided herein. The Issuer does not make any representation or warranty concerning such
information or its usefulness to a decision to invest in or sell Bonds at any future date.
24
(iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE HOLDER
OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT,
FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE ISSUER,
WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED
IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT
OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN
ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE.
(iv) No default by the Issuer in observing or performing its obligations under this Section shall
comprise a breach of or default under the Ordinance for purposes of any other provision of this Ordinance.
Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the Issuer
under federal and state securities laws.
(v) The provisions of this Section may be amended by the Issuer from time to time to adapt to
changed circumstances that arise from a change in legal requirements, a change in law, or a change in the
identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions of this Section, as so
amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds
in compliance with the Rule, taking into account any amendments or interpretations of the Rule since such
offering as well as such changed circumstances and (2) either (a) the holders of a majority in aggregate
principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such
an amendment) of the outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with
the Issuer (such as bond counsel) determined that such amendment will not materially impair the interest of
the holders and beneficial owners of the Bonds. If the Issuer so amends the provisions of this Section, it shall
include with any amended financial information or operating data next provided in accordance with subsection
(a) of this Section an explanation, in narrative form, of the reason for the amendment and of the impact of
any change in the type of financial information or operating data so provided. The Issuer may also amend
or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable
provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid,
but only if and to the extent that the provisions of this sentence would not prevent an underwriter from
lawfully purchasing or selling Bonds in the primary offering of the Bonds.
(d) Definitions . As used in this Section, the following terms have the meanings ascribed to such
terms below:
"MSRB" means the Municipal Securities Rulemaking Board.
"NRMSIR" means each person whom the SEC or its staff has determined to be a nationally
recognized municipal securities information repository within the meaning of the Rule from time to
time.
"Rule " means SEC Rule 15c2-12, as amended from time to time.
"SEC" means the United States Securities and Exchange Commission.
"SID" means any person designated by the State of Texas or an authorized department, officer, or
agency thereof as, and determined by the SEC or its staff to be, a state information depository within
25
the meaning of the Rule from time to time.
Section 17.SALE OF BONDS. The Bonds are hereby sold and shall be delivered to RBC
DAIN RAUSCHER, INC. (the "Underwriter") for the purchase price of $_______________ (representing
the par amount of the Bonds of plus a net reoffering premium of $__________ less an Underwriter's
discount on the Bonds of $__________) plus interest accrued (accrued interest to be deposited into the
Interest and Sinking Fund and premium to be deposited into the Interest and Sinking Fund and applied to
paying principal) thereon to date of delivery pursuant to the terms and provisions of a Purchase Agreement
with the Underwriter. It is hereby officially found, determined, and declared that the Bonds have been sold
pursuant to the terms and provisions of a Purchase Agreement in substantially the form attached hereto as
Exhibit B, which the Mayor of the Issuer is hereby authorized and directed to execute. It is hereby officially
found, determined, and declared that the terms of this sale are the most advantageous reasonably obtainable.
The Initial Bond shall be registered in the name of RBC DAIN RAUSCHER, INC.
Section 17.APPROVAL OF OFFICIAL STATEMENT. The Issuer hereby approves the form
and content of the Official Statement relating to the Bonds and any addenda, supplement or amendment
thereto, and approves the distribution of such Official Statement in the reoffering of the Bonds by the
Underwriter in final form, with such changes therein or additions thereto as the officer executing the same
may deem advisable, such determination to be conclusively evidenced by his execution thereof. The
Preliminary Official Statement, dated June 2, 2003, is hereby approved and deemed final as of its date, as
required by SEC Rule 15-2-12, and the distribution and use of the Preliminary Official Statement prior to the
date hereof is hereby ratified and confirmed.
Section 18.APPROVAL OF ESCROW AGREEMENT AND TRANSFER OF FUNDS. The
Mayor of the Issuer is hereby authorized and directed to execute and deliver and the City Secretary of the
Issuer is hereby authorized and directed to attest an Escrow Agreement in substantially the form attached
hereto as Exhibit C. In Addition, the Mayor is authorized to execute such subscription for the purchase of
U. S. Treasury Securities, State and Local Government Series, or the purchase of direct obligations of the
United States of America as may be necessary for the Escrow Fund, and to authorize such contributions as
may be necessary for the Escrow Fund.
Section 19.NOTICE OF REDEMPTION. That there is attached to this Ordinance, as Exhibit
D, and made a part hereof for all purposes, a notice of prior redemption for the Refunded Obligations to be
redeemed prior to stated maturity, and such Refunded Obligations described in said notice of prior redemption
are hereby called for redemption and shall be redeemed prior to maturity on the date, place, and at the price
as set forth therein.
Section 20.NOTICE TO PAYING AGENT/REGISTRAR AND PUBLICATION. The
Refunded Obligations described in Exhibit D attached hereto are so called for redemption, and BANK ONE,
NA, AUSTIN, TEXAS as Paying Agents for the Refunded Obligations, is hereby directed to make appropriate
arrangements so that such Refunded Obligations may be redeemed at said Bank on the redemption date. A
copy of such Notice of Redemption shall be delivered to the Paying Agent/Registrar so mentioned, and
published in the Texas Bond Reporter.
Section 21.INTEREST EARNINGS ON BOND PROCEEDS. The earnings derived from the
investment of proceeds from the sale of the Bonds shall be used along with other Bonds proceeds as
26
described in Section 1 hereof; provided that after completion of such project, if any of such interest earnings
remain on hand, such interest earnings shall be deposited in the Interest and Sinking Fund. It is further
provided, however, that interest earnings on the Bonds proceeds which are required to be rebated to the
United States of America pursuant to Section 12 hereof in order to prevent the Bonds from being arbitrage
bonds shall be so rebated and not considered as interest earnings for the purpose of this Section.
Section 22.REASONS FOR REFUNDING. The Issuer deems it advisable to issue the
refunding bonds in order to achieve a gross savings of approximately $__________ and a present value
savings of approximately $__________.
Section 23.APPROPRIATION. There is hereby appropriated for transfer to the Interest and
Sinking Fund, from available funds, moneys sufficient to pay the principal and interest coming due on the
Bonds on February 1, 2004.
Section 24.INSURANCE. The Issuer approves the insurance of the Bonds by
________________________________________ and the payment of such premium and covenant to
comply with all of the terms of the insurance commitment, a copy of which is attached hereto as Exhibit E
and is hereby adopted by this Ordinance.
Section 25.PUBLIC NOTICE. It is hereby officially found and determined that public notice
of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government
Code.
Section 26.EFFECTIVE DATE. This Ordinance shall become effective immediately upon
passage.
-------------------
APPROVED THIS THE 10th DAY OF JUNE, 2003.
________________________
Mayor
________________________
City Secretary
APPROVED AS TO FORM:
________________________
Bond Counsel
EXHIBIT A
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 16 of this Ordinance.
I. Annual Financial Statements and Operating Data
The financial information and operating data with respect to the Issuer to be provided annually in
accordance with such Section are as specified (and included in the Appendix or under the headings of the
Official Statement and Tables referred to) below:
TABLE 1 through 6, and 8 through 15 and in Appendix B
Accounting Principles
The accounting principles referred to in such Section are the accounting principles described in the
notes to the financial statements referred to in paragraph 1 above.
EXHIBIT B
Purchase Agreement
The Purchase Agreement has been omitted at this point as it appears in executed form elsewhere
in this transcript.
EXHIBIT C
Escrow Agreement
The Escrow Agreement has been omitted at this point as it appears in executed form elsewhere in
this transcript.
EXHIBIT D
NOTICE OF REDEMPTION
NOTICE IS HEREBY GIVEN that the City of Coppell, Texas has called for redemption the outstanding Bonds
and Certificates of Obligation of the City described as follows:
CITY OF COPPELL, TEXAS Combination Tax and Revenue Certificates of Obligation, Series 1995,
dated February 1, 1995, maturing February 1, 2005, in the principal amount of $235,000, to call date of
the Certificates of Obligation so called for redemption at Bank One, NA, Austin, Texas. Call Date:
February 1, 2004.
On February 1, 2004, interest on the Certificates of Obligation shall cease to accrue and be payable.
CITY OF COPPELL, TEXAS General Obligation Bonds, Series 1995, dated August 1, 1995,
maturing February 1, 2005 through February 1, 2007, in the principal amount of $175,000, to call date
of the Bonds so called for redemption at Bank One, NA, Austin, Texas. Call date: February 1, 2004.
On February 1, 2004, interest on the Bonds shall cease to accrue and be payable.
CITY OF COPPELL, TEXAS Combination Tax and Revenue Certificates of Obligation, Series
1995A, dated August 1, 1995, maturing February 1, 2005 through February 1, 2007, in the principal
amount of $425,000, to call date of the Certificates of Obligation so called for redemption at Bank One,
NA, Austin, Texas. Call Date: February 1, 2004.
On February 1, 2004, interest on the Certificates of Obligation shall cease to accrue and be payable.
CITY OF COPPELL, TEXAS Combination Tax and Revenue Certificates of Obligation, Series 1996,
dated June 15, 1996, maturing February 1, 2006 through February 1, 2015, in the principal amount of
$1,725,000, to call date of the Certificates of Obligation so called for redemption at Bank One, NA,
Austin, Texas. Call Date: February 1, 2005.
On February 1, 2005, interest on the Certificates of Obligation shall cease to accrue and be payable.
THIS NOTICE is issued and given pursuant to the redemption provisions in the proceedings authorizing the
issuance of the aforementioned Bonds or Certificates of Obligation and in accordance with the recitals and provisions
of said Bonds or Certificates of Obligation.
NOTICE IS FURTHER GIVEN that due and proper arrangements have been made for providing the place of
payment of the Bonds or Certificates of Obligation called for redemption with funds sufficient to pay the principal amount
of the Bonds or Certificates of Obligation and the interest thereon to the redemption date. In the event the Bonds or
Certificates of Obligation or any of them are not presented for redemption by the respective date fixed for their
redemption, they shall not thereafter bear interest.
UNDER THE PROVISIONS of the Economic Growth and Tax Relief Reconciliation Act of 2001 (the "Act"),
paying agents making payments of interest and principal on municipal securities may be obligated to withhold 30% tax
from remittance to individuals who have failed to furnish the paying agent with a valid taxpayer identification number.
Registered holders who wish to avoid the imposition of the tax should submit certified taxpayer identification numbers
(via form W-9) when presenting the Bonds or Certificates of Obligation for payment.
NOTICE IS FURTHER GIVEN that the Bonds or Certificates of Obligation should be submitted to either of the
following addresses:
Mail Delivery or Hand Delivery
Bank One, NA
Global Corporate Trust Services
221 West 6th Street, Suite 200
Austin, Texas 78701
Doug Stover, Mayor
City of Coppell
EXHIBIT E
INSURANCE COMMITMENT
The Insurance Commitment has omitted at this point, as it appears elsewhere in the transcript.
DEPT: Planning
DATE: June 10, 2003
ITEM #: 12
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. S-1195B, Voice Stream, zoning change request from TC (Town Center) to TC-S-
1195B (Town Center, Special Use Permit-1195B), to allow the replacement of an existing 70-foot light pole with
an 80-foot light pole, including the placement of 3 flush-mounted telecommunication antennae and equipment
building on property located in Andrew Brown Park Central.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: May 15, 2003
Decision of P&Z Commission: Approval (7-0) with Commissioners McCaffrey, Reese, Kittrell,
McGahey, Halsey, Dragon and Foreman voting in favor. None opposed.
Approval is recommended, subject to the following conditions:
1) Place on face of Site Plan the following comments:
• The contractor shall provide a letter, sealed by a Structural Engineer, certifying
tower support, including details for base construction, if applicable. (MET)
• The electrical panel supplying service shall be permanently marked as the
individual panel supplying power for antenna cellular equipment only. (MET)
• The contractor shall coordinate the erection of the pole with the City of Coppell
Parks Department as not to interfere with any scheduled sporting events to be
held at Andrew Brown Park Central. The park will not be shut down during any
portion of this construction process. (MET)
• After the lights have been installed on the new pole, the City of Coppell
Parks Operations Manager shall assure they work in conjunction with the
Parks Department computer system, as well as to verify that the light pattern
has not changed. (MET)
PLEASE SEE CONTINUED CONDITIONS ON THE FOLLOWING PAGE.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: @1S-1195B,VS 1-AR
Item # 4
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: S-1195B, Voice Stream (T-Mobile)
P & Z HEARING DATE: May 15, 2003
C.C. HEARING DATE: June 10, 2003
STAFF REP.: Gary L. Sieb, Planning Director
LOCATION: Andrew Brown Park Central on the east side of the existing
concession stand.
SIZE OF AREA: 160 square feet--a 10 foot by 16 foot building pad within Andrew Brown
Park Central and replacement of an existing light tower.
OWNER: Owner: City of Coppell Applicant: T-Mobile
255 Parkway Boulevard Chris Staley
Coppell, TX 75019 1830 Webb Chapel
(972) 304-3678 Suite 5000
Fax: (972) 304-7092 Dallas, TX. 75234
(214) 587-4213
Fax: (214) 292-0101
CURRENT ZONING: TC (Town Center)
PROPOSED ZONING: TC-S-1195B (Town Center-Special Use Permit-1195B) to
allow the replacement of an existing 70-foot high light
fixture with an 80-foot one, the placement of 3 flush-
mounted telecommunication antennae on the new pole, and
an equipment building adjacent to the concession stand.
HISTORY: There has been considerable history--particularly as it
relates to cell towers--on this portion of Andrew Brown Park
Central. On December 14, 1999, City Council approved a
lease agreement with AT&T Wireless Services for the
Item # 4
Page 2 of 3
placement of an 80 foot high telecommunications tower and
the construction of a concession stand/restroom facility
within this park area. The concession stand/restroom was
completed in August 2000. In January of 2002, Sprint went
through the Special Use Permit process for a similar cell
tower located north of the AT&T site.
SURROUNDING LAND USE AND ZONING:
North – Andrew Brown Park Central; TC, Town Center
South – Andrew Brown Park Central; TC, Town Center
East – Andrew Brown Park Central; TC, Town Center
West –Andrew Brown Park West; TC, Town Center
COMPREHENSIVE PLAN: The Comprehensive Plan shows this property as suitable
for park and open space uses.
DISCUSSION:
This is a straightforward case following in the footsteps of
several other telecommunication requests submitted in the
same general location. Basically, our Zoning Ordinance
requires cell phone facilities to co-locate on existing
power/light poles in the community whenever possible. T-
Mobile needed an additional cell facility in Coppell and the
most appropriate place for it was somewhere in Andrew
Brown Park. During T-Mobile’s investigation it was
determined that an existing light pole in Andrew Brown
Central was most desirable as a suitable site. The City was
approached with the proposition that, if allowed, T-Mobil
would replace the existing 70 foot light tower with a more
substantial 80 foot tall one, would screen its
mechanical/electrical equipment with a structure similar to
the one at the north end of the existing concession stand,
and would lease the area from the City. We are currently
finalizing the lease agreement between the city and the
applicant. Since T-Mobile would need a Special Use
Permit triggering public review by the Planning
Commission and City Council, staff encouraged submittal
of the application being considered by you tonight.
Item # 4
Page 3 of 3
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending approval of this Special Use Permit as
it conforms to the guidelines of our cell tower zoning
provisions and is substituting a 10 foot taller pole for an
existing one. At the top of the tower will be placed 3 flush-
mounted telecommunication antennas, each 6 feet tall by 8
inches wide by 2.75 inches thick. We recommend approval
subject to the following conditions:
1. All construction activity shall comply as stated in
Parks Department written comments.
2. All development shall be in accordance with the
site plan, elevations and other data provided
herein.
3. Lease contract being agreed to by the City.
4. Compliance with Building Inspection comments.
5. Decrease length of the proposed concrete seating
to end at the southeastern edge of the proposed
equipment structure.
6. Place on face of site plan comments contained in
condition #1 and #4 above.
ALTERNATIVES:
1) Recommend approval of the request.
2) Recommend disapproval of the request.
3) Recommend modification of the request.
4) Take under advisement for reconsideration at a later date.
ATTACHMENT:
1) Site Plan Package for cell tower (building elevations, cell equipment, etc.)
2) Departmental comments (Building Inspection, Parks)
SITESITEANDY BROWNCOMMUNITY PARKDA-1296-C364 N. DENTON TAP RD.COPPELL, TX 75019DALLAS COUNTYT-1364 N. DENTON TAP RD.COPPELL, TX 75019DALLAS COUNTY2418 Arbuckle Court, Dallas, TX 75229Voice: 972-484-7992 Fax: 972-484-4059
Z-1GRAPHIC SCALE: 1"=20’0020’40’364 N. DENTON TAP RD.COPPELL, TX 75019DALLAS COUNTY2418 Arbuckle Court, Dallas, TX 75229Voice: 972-484-7992 Fax: 972-484-4059
Z-2ENLARGED SITE PLAN364 N. DENTON TAP RD.COPPELL, TX 75019DALLAS COUNTY2418 Arbuckle Court, Dallas, TX 75229Voice: 972-484-7992 Fax: 972-484-4059001’GRAPHIC SCALE: 1/4"=1’5’
364 N. DENTON TAP RD.COPPELL, TX 75019DALLAS COUNTY2418 Arbuckle Court, Dallas, TX 75229Voice: 972-484-7992 Fax: 972-484-40591’00GRAPHIC SCALE: 3/16"=1’5’10’
364 N. DENTON TAP RD.COPPELL, TX 75019DALLAS COUNTY2418 Arbuckle Court, Dallas, TX 75229Voice: 972-484-7992 Fax: 972-484-4059001’GRAPHIC SCALE: 1/4"=1’5’
364 N. DENTON TAP RD.COPPELL, TX 75019DALLAS COUNTY2418 Arbuckle Court, Dallas, TX 75229Voice: 972-484-7992 Fax: 972-484-40591’00GRAPHIC SCALE: 3/16"=1’5’10’
364 N. DENTON TAP RD.COPPELL, TX 75019DALLAS COUNTY2418 Arbuckle Court, Dallas, TX 75229Voice: 972-484-7992 Fax: 972-484-40591’00GRAPHIC SCALE: 3/16"=1’5’10’
DEPT: Planning
DATE: June 10, 2003
ITEM #: 13
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of the Nash Manor, Lot 2R, Block A, Replat, being a replat of Lots 2 and 3, Block A, into one
lot to allow for the construction of a home and a water feature on 0.69 of an acre of property located at 128 Nash
Street.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: May 15, 2003
Decision of P&Z Commission: Approval (7-0) with Commissioners McCaffrey, Reese, Kittrell,
McGahey, Halsey, Dragon and Foreman voting in favor. None opposed.
Approval is recommended, subject to the following condition:
1) Addition of a line for the City Secretary’s signature. (CONDITION MET)
Staff recommends approval.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: @2Nash2R,Blk.A Replat 1-AR
Item # 5
Page 1 of 2
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: Nash Manor, Lot 2R, Block A, Replat
P & Z HEARING DATE: May 15, 2003
C.C. HEARING DATE: June 10, 2003
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: 128 Nash Street
SIZE OF AREA: 0.69 of an acre of property
APPLICANT: Owner: Surveyor:
William George Homes Cotton Surveying Co.
6398 FM Road 902 3030 LBJ Freeway
Lake Kiowa, TX 76240 Dallas, TX 75234
(940) 668-8228 (972) 488-3880
FAX: (940) 668-6222 FAX: (972) 488-3882
CURRENT ZONING: SF-12 (Single Family-12)
REQUEST: Replat Lots 2 and 3, Block A, into one lot.
HISTORY: This SF-12 property was originally part of the Stringfellow
Addition, which was filed in 1961 as a 22, one-half-acre-lot
subdivision encompassing Holly Street, Nash Street and
five lots on the west side of Moore Road. In 1984, a replat
of Lots 4 and 5, Block B, along the west side of Holly
Street, was approved, which increased the lot width of Lot
4 by 30 feet and reduced Lot 5 by 30 feet.
In March 2001 City Council approved a replat of Lot 6,
Block A, into six lots under the Single Family-12 zoning
regulations. The current request is to replat two of the six
lots into one lot.
SURROUNDING LAND USE AND ZONING:
North – vacant lots and single family; SF-12
South – single family; PD-169-SF-7
East –single family; SF-12
West –single family; SF-12
Item # 5
Page 2 of 2
COMPREHENSIVE PLAN: The Comprehensive Plan shows this property suitable for
residential, low density.
DISCUSSION: As stated in the HISTORY section, this area was recently
replatted for a six-lot subdivision. One owner has
purchased two of the lots of which one contains a single-
family home, and the second is currently being developed
as a “water feature”. Given this water feature is part of the
development on the adjacent lot, these two lots are required
to be platted as one. This is a residential replat and State
law requires that all property owners in this subdivision,
within 200 feet, be notified. The current Certified Tax
Rolls lists only one property owner, the developer, JR
Holdings; therefore, only one notice was sent.
Even though staff would have preferred homes on each lot
to provide for a consistent housing pattern, the replat meets
requirements; therefore, the action is ministerial in nature
and approval is recommended.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of the Lot 2R, Block A,
of the Nash Manor Addition, subject to:
1) Addition of a line for the City Secretary’s signature.
ALTERNATIVES:
1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
ATTACHMENT:
1) Replat of Lot 2R of Nash Manor
DEPT: Planning
DATE: June 10, 2003
ITEM #: 14
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of the Coppell Commerce Center, Lot 1R, Block 3, Site Plan, to allow the construction of an
approximate 106,000 square-foot office/warehouse building on approximately 7.3 acres of property located at the
southeast corner of Burns and Freeport Parkway.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: May 15, 2003
Decision of P&Z Commission: Approval (7-0) with Commissioners McCaffrey, Reese, Kittrell,
McGahey, Halsey, Dragon and Foreman voting in favor. None opposed.
Approval is recommended, subject to the following condition:
1) The Landscape Tabulation Table needs to be revised to reflect the quantity and location of
trees as indicated on the Landscape Plan. (CONDITION MET)
Staff recommends approval.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: @3CCC1R,Blk.3 SP 1-AR
Items # 6 & 7
Page 1 of 5
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
RECONSIDERATION OF THE
COPPELL COMMERCE CENTER, LOT 1R, BLOCK 3
SITE PLAN
SUMMARY OF REVISIONS FOR MAY 15, 2003
PLANNING AND ZONING COMMISSION MEETING
On April 17, 2003, the Planning and Zoning Commission recommended denial of the Site Plan for a
106,000 square foot office warehouse proposed to be located at the southeast corner of Freeport and
Burns Street. Most Commission members expressed concern with the visibility of the loading docks
from Freeport Parkway.
Since then, the applicants met with Chairman McGahey, Commissioner McCaffrey and staff to
discuss alternative building layouts and circulation patterns to attempt to relocate the loading docks
away from the Freeport frontage. These site studies determined that, from a practical and marketing
standpoint, the building could not be redesigned to relocate these loading docks elsewhere.
Therefore, to address this issue, the applicant has agreed to relocate the building approximately 10
feet further back from Freeport Parkway, enhance the landscaping, add berms and redesign the
screening wall to be an architectural feature (three separate walls), to obscure the view of the trucks
from Freeport Parkway. Specifically the following landscape enhancements have been made:
• Added 22 six-foot-tall evergreen trees along Freeport Parkway.
• Replaced 30 five-gallon shrubs with 8 six-foot-tall evergreen trees along Burns Street.
• Along the south property line, the 40 five-gallon shrubs were replaced with 13 six-
foot-tall evergreen trees, and the five deciduous canopy trees were replaced by
evergreen canopy trees.
Finally, the elevation along Burns Street was redesigned to incorporate an articulation (faux
entryway) about midway along the building façade.
Reconsideration:
Reconsideration of an action by the Planning Commission is allowed if:
• it is reconsidered at the next regularly scheduled meeting, and
• if one of the Commissioners, who voted for denial, requests the reconsideration.
On this particular case, Chairman McGahey has volunteered to request that the recommendation for
denial be reconsidered.
This reconsideration will require two motions:
Items # 6 & 7
Page 2 of 5
On Item #6:
Motion: I move to reconsider the Coppell Commerce Center, Lot 1R, Block 3, Site Plan.
Then consider Item #7.
STAFF RECOMMENDATION FOR THE SITE PLAN:
Staff recommends approval of the revised Coppell Commerce Center, Lot 1R, Block 3, Site Plan,
subject to the following condition:
1) The Landscape Tabulation Table needs to be revised to reflect the quantity and
location of trees as indicted on the Landscape Plan.
Attachments:
1) Revised Site Plan, Landscape Plan and Elevations
NOTE: ATTACHED IS THE PREVIOUS STAFF
REPORT ON THIS REQUEST
Items # 6 & 7
Page 3 of 5
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: COPPELL COMMERCE CENTER, LOT 1R, BLOCK 3
SITE PLAN
P & Z HEARING DATE: April 17, 2003
C.C. HEARING DATE: May 13, 2003
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: Southeast corner of Burns and Freeport Parkway.
SIZE OF AREA: 7.3 acres of property.
CURRENT ZONING: LI (Light Industrial)
REQUEST: Site Plan approval to allow the construction of an approximate
106,000 square-foot office/warehouse.
APPLICANT: Owner: Architect:
Home Interiors & Gifts John Taylor
c/o Hay & Jones, Inc azimuth:architecture
P.O. Box 29246 3809 Parry Ave, Suite 205
Dallas, Texas 75229 Dallas, Texas 75226
(972) 620-8850 (214) 261-9060
(972) 620-8868 (214) 261-9049
HISTORY: This property was originally platted as Block 3 and Lot 1 of Block 4
of the Coppell Commerce Center Phase 1. The eastern portion of the
property was replatted as Lot 2, Block 4 of Coppell Commerce
Center Phase 1.
Items # 6 & 7
Page 4 of 5
TRANSPORTATION:Freeport Parkway is currently a substandard roadway, with only 65 feet of
right-of-way. The Thoroughfare Plan designates it as a four-lane
divided road, to be constructed within 110 feet of right-of-way, which
is sufficient for a six-lane divided thoroughfare. Additional right-of-
way will be required when this property is platted.
Burns Street is a two-lane undivided roadway within 60 feet of right-
of-way.
SURROUNDING LAND USE & ZONING:
North- office/warehouse; LI (Light Industrial)
South -office/warehouse; LI (Light Industrial)
East - office/warehouse; LI (Light Industrial)
West - Minyards warehouse; LI (Light Industrial)
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
Light Industrial/Showroom uses.
DISCUSSION: The applicant desires to construct a 106,000 square-foot office warehouse for
lease to a future tenant(s). The site and landscape plans meet all zoning
requirements except for the area proposed for future parking. The initial
development includes 142 parking spaces, exceeding the minimum
requirement by two parking spaces. An additional 38 spaces are being
indicated as future parking area. Although conceptual at this time, it must be
noted that this future parking area does not meet the requirement of Section
12-34-8(B)3 of the Zoning Ordinance, which requires a landscaped island, at
a minimum every 15 spaces. The adherence to this Ordinance will only
result in the loss of one parking space. West of the future parking area is a
detention pond, approximately 0.4 of an acre in size. The perimeter of this
pond will be landscaped and remain an open area.
An additional driveway was required to be added along Burns Street, per
requirements of the Fire Code. Given that this driveway does not meet the
typical separation criteria from the existing driveway on the north side of
Burns, this driveway will function as fire-lane access only. Signs will be
erected on the site to prohibit vehicular and truck traffic from utilizing this
driveway.
Items # 6 & 7
Page 5 of 5
In terms of building elevations, the proposed development is typical of our
industrial areas where the building will be constructed of tilt-wall in various
shades of gray. The applicant has attempted to add reveals and off-sets to
break up the expanse of the walls. Staff’s major concern with this Site Plan
is the proposed loading docks along Freeport Parkway, which is one of the
major gateways into the industrial areas of the City. The applicant has stated
that given the size and configuration of the site, the reorienting of the
building to eliminate the loading areas from Freeport is not physically or
economically feasible. To address this issue, screening walls and
landscaping have been added to obscure the view of the loading docks from
Freeport Parkway. As indicated on the Site Plan and further illustrated on the
line of site study on the Elevation sheet (Section through Truck Court), the
view of the trucks in the loading docks will be substantially concealed by 10-
foot-wing walls protruding perpendicular to the building, as well as a six-
foot wall parallel to Freeport Parkway. In addition, the view of these walls
will be softened through the inclusion of six foot high holly, overstory trees,
and ivy. While this does not totally eliminate the issue, it mitigates, to a
degree, its impact.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of the Site Plan for Coppell Commerce
Center, Lot 1R, Block 3, subject to the following condition:
1) All future parking areas shall comply with Section 12-34-8(B)3 of
the Zoning Ordinance.
ALTERNATIVES:
1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1) Site Plan
2) Landscape Plan
3) Elevations
DEPT: Planning
DATE: June 10, 2003
ITEM #: 15
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of the revised Coppell Commerce Center, Lot 1R, Block 3, Replat, to allow the construction of
an approximate 106,000 square-foot office/warehouse building on approximately 7.3 acres of property located at
the southeast corner of Burns and Freeport Parkway.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: May 15, 2003
Decision of P&Z Commission: Approval (7-0) with Commissioners McCaffrey, Reese, Kittrell,
McGahey, Halsey, Dragon and Foreman voting in favor. None opposed.
Approval is recommended, with no conditions.
Staff recommends approval.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: @4CCC1R,Blk.3 Replat 1-AR
Item # 8
Page 1 of 4
RECONSIDERATION OF THE
COPPELL COMMERCE CENTER, LOT 1R, BLOCK 3
REPLAT
SUMMARY OF REVISIONS FOR MAY 15, 2003
PLANNING AND ZONING COMMISSION MEETING
As discussed in the previous item, the site plan has been revised to accommodate additional
landscaping and screening along Freeport Parkway. This revision required a shift of the building
approximately 10 feet to the east. This required a shift in the location of the fire lane in front of
the building, and therefore, the replat also had to be revised.
This revised replat meets all requirements of the Subdivision Ordinance; therefore, staff
recommends approval.
STAFF RECOMMENDATION:
Approval of the revised replat for Coppell Commerce Center, Lot 1R, Block 3.
NOTE: ATTACHED IS THE PREVIOUS STAFF REPORT
ON THIS REQUEST
Item # 8
Page 2 of 4
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: COPPELL COMMERCE CENTER, LOT 1R, BLOCK 3
REPLAT
P & Z HEARING DATE: April 17, 2003
C.C. HEARING DATE: May 13, 2003
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: Southeast corner of Burns and Freeport Parkway.
SIZE OF AREA: 7.3 acres of property.
CURRENT ZONING: LI (Light Industrial)
REQUEST: Replat approval to allow the construction of an approximate 106,000
square-foot office/warehouse.
APPLICANT: Owner: Architect:
Home Interiors & Gifts John Taylor
c/o Hay & Jones, Inc azimuth:architecture
P.O. Box 29246 3809 Parry Ave, Suite 205
Dallas, Texas 75229 Dallas, Texas 75226
(972) 620-8850 (214) 261-9060
(972) 620-8868 (214) 261-9049
HISTORY: This property was originally platted as Block 3 and Lot 1 of Block 4
of the Coppell Commerce Center Phase 1. The eastern portion of the
property was replatted as Lot 2, Block 4 of Coppell Commerce
Center Phase 1.
Item # 8
Page 3 of 4
TRANSPORTATION:Freeport Parkway is currently a substandard roadway, with only 65 feet of
right-of-way. The thoroughfare plan designates it as four-lane
divided road, to be constructed within 110 feet of right-of-way, which
is sufficient for a six-lane divided thoroughfare. As part of this
replat, 19.76 feet is being dedicated for Freeport Parkway right-of-
way.
Burns Street is a two-lane undivided roadway within 60 feet of right-
of-way.
SURROUNDING LAND USE & ZONING:
North- office/warehouse; LI (Light Industrial)
South -office/warehouse; LI (Light Industrial)
East - office/warehouse; LI (Light Industrial)
West - Minyards warehouse; LI (Light Industrial)
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
light industrial/showroom uses.
DISCUSSION: This is the companion request to the Site Plan approval for an
office/warehouse on this tract of land. As discussed above, this tract was
originally platted in 1981 and a portion was replatted in 1999. In 2000, the
30’-wide rail easement, that traversed this tract, was abandoned by separate
instrument. As part of this replat, the two drainage and utility easements,
which abutted both sides of the rail easement, are being abandoned. There
were no utilities in these easements, and the drainage is being relocated to the
eastern edge of this tract.
This plat provides all required fire lanes and easements to serve the
development of this site for an office/warehouse. There are, however, two
minor technical issues that need to be corrected:
• The name of the plat in the Owner’s Signature Block needs to reflect
Lot 1R, Block 3 of Coppell Commerce Center, and
• The City Secretary’s Signature Block needs to be revised as required on
page 31 of the Subdivision Ordinance and needs to reflect the correct
name of the plat.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Item # 8
Page 4 of 4
Staff recommends APPROVAL of the replat of Coppell Commerce
Center, Lot 1R, Block 3, subject to the following conditions:
1) Correction of the name of the plat in the Owner’s Signature Block
2) Correction of the format and the name of the plat in the City
Secretary’s Signature Block
ALTERNATIVES:
1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
ATTACHMENTS:
1) Replat of Coppell Commerce Center, Lot 1R, Block 3
DEPT: Planning
DATE: June 10, 2003
ITEM #: 16
AGENDA REQUEST FORM
ITEM CAPTION:
CONTINUATION OF PUBLIC HEARING:
Consider approval of an amendment to the Land Use Plan of the 1996 Comprehensive Master Plan from Light
Industrial/Showroom to Freeway Commercial, and consider approval of Case No. ZC-614(CH), zoning change
from LI (Light Industrial) to HC (Highway Commercial) on approximately 36.11 acres of property located north of
S.H. 121, between Business S.H. 121 and Coppell Greens.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: April 17, 2003
Decision of P&Z Commission: Approval (5-1) with Commissioners McCaffrey, Reese, Kittrell,
McGahey and Dragon voting in favor. Commissioner Foreman opposed.
Approval is recommended.
PLEASE NOTE:
On 5/13/03, Council continued this Public Hearing to its June 10, 2003, meeting.
Written opposition was received from all affected property owners; therefore, a ¾ vote of City Council is
required to approve this Land Use Plan change and zoning change.
On 5/27/03, one of the property owners (Robert B. Payne) asked that this Public Hearing be delayed -to
Council’s July 8, 2003, meeting (see attached letter).
Staff recommends approval.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: @5LUP&ZC-614(CH) 1-AR
Item # 18
Page 1 of 4
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: ZC-614(CH)
P & Z HEARING DATE: April 17, 2003
C.C. HEARING DATE: May 13, 2003
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: North of S.H. 121; between Business S.H. 121 and Coppell Greens.
SIZE OF AREA: Approximately 36.11 acres of property.
PROPOSED AMENDMENT TO THE 1996 COMPREHENSIVE LAND USE PLAN:
From: Light Industrial/Showroom
To: Freeway Commercial
CURRENT ZONING: LI (Light Industrial)
PROPOSED ZONING: HC (Highway Commercial)
APPLICANT: Owners:
Greens West Development, L.C.
P.O. Box 129
Lewisville, Texas 75067-0129
Flournoy, Mary Sue Et Al
516 Main St W
Mount Vernon, TX 75457-2210
FRWM Inc.
PO Box 6173
San Antonio, TX 78209-0173
Texas Industries Inc.
Item # 18
Page 2 of 4
1341 W Mockingbird Ln, Suite 700
Dallas, TX 75247-6913
Turner, Dot V
148 Cedar Dr
Lewisville, TX 75077-6902
Payne, Robert B
5400 Renaissance Tower
1201 Elm St
Dallas, TX 75270-2102
Howsley, Carol Ann &
Andrea Lane Howsley
PO Box 700056
Dallas, TX 75370-0056
HISTORY: This property has been zoned Light Industrial since the 1980’s, prior to the alignment
of S.H. 121.
TRANSPORTATION:This property fronts S.H. 121. The contract to construct the main lanes of
this freeway from east of MacArthur to Business 121 was let in
February 2003 and is scheduled for completion in March 2007.
SURROUNDING LAND USE & ZONING:
North-Undeveloped; Light Industrial in the City of Lewisville
South -S.H. 121 and Zoning Case ZC-613(CH)
East - Coppell Greens; PD-134R-SF-7
West - Undeveloped; City of Grapevine
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
Light Industrial and Showroom Uses. An amendment to the
Land Use Plan is being recommended for Freeway
Commercial.
DISCUSSION: Since the early 1980’s, this area was zoned for industrial development. It
is assumed Light Industrial was deemed appropriate at that time given it
was located along the northern edge of the city, separated from the
remainder of the City by a flood plain area and finally, to be compatible
with the industrial zoning in Lewisville. However, since that time, S.H.
121 has bisected this property, giving the City of Coppell frontage
(exposure) on both sides of this freeway. In the 1996 Comprehensive
Item # 18
Page 3 of 4
Plan, this land was designated for Industrial/Showroom uses. An
amendment to the Land Use Plan is currently being recommended that this
entire tract be designated Freeway Commercial. The appropriate zoning
to implement the land use category of Freeway Commercial is Highway
Commercial zoning.
The existing Light Industrial district zoning permits uses such as:
distribution, bulk warehouse, a variety of manufacturing and industrial
activities and similar uses that are not the highest and best use for this highly
visible corridor. Rezoning to Highway Commercial will encourage the
development of more freeway dependant uses such as
office/retail/hotel/commercial than would be constructed under
retail/commercial development standards (facades of brick and stone,
controlled signage, etc.), versus industrial standards (tilt-wall). It must also
be noted that the existing Light Industrial zoning also permits up to 20% of
the lot or tract to contain outside or open storage. Again, this would not be
appropriate along S.H. 121.
Also to be considered, this property abuts Coppell Greens, a single-family
development. The elimination of the options for open storage and bulk
warehouse will also make the development of this property more compatible
with the existing residential.
The rationale for the Highway Commercial zoning, versus Light Industrial
along our major, high-visibility corridors is summarized in the purpose
statement of the Highway Commercial district as defined in the Zoning
Ordinance as follows:
“The ‘HC’ highway commercial district is intended primarily as a
high intensity area permitting a mixed-use for office, commercial-
retail, and highway oriented uses, such as hotels, restaurants, and
low and mid-rise offices, and should be located generally along high-
volume thoroughfares. The site characteristics for each area should
be designed in a manner to create an attractive appearance from I.H.
635 and S.H. 121, and an impressive gateway into the community.
Because these areas are designated as major thoroughfare entry
points, emphasis has been placed on building arrangement, setbacks,
parking, and landscape treatment, which are intended to be elements
influencing the character of entrance into the city. It is the intention
of the ‘highway commercial’ zoning district to create an attractive
and unique entrance into the city.”
In sum, the rezoning of these properties from Light Industrial to Highway
Commercial will allow the land owner significant flexibility in development
options while assuring compliance with the vision for the City’s most visible
corridors.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Item # 18
Page 4 of 4
Staff recommends APPROVAL of the amendment to the Land Use Plan
from Light Industrial/Showroom to Freeway Commercial, and further,
staff recommends approval of a change in zoning from Light Industrial to
Highway Commercial.
ALTERNATIVES:
1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1) Proposed Amendment to the 1996 Comprehensive Land Use Plan
2) Zoning Location Map, with Property Ownership
3) Comparison of the Highway Commercial and Light Industrial
Districts
c i t y o f c o p p e l l
Planning Department
Light Industrial/
Showroom
to
Freeway Commercial
S.H.
1
2
1
S.H. 121D
e
n
t
o
n
T
a
p
N
c i t y o f c o p p e l l
N
Existing Zoning Acres
Light Industrial: 36.11
ZC-614(CH)
LI -Light Industrial to HC-
Highway Commercial
LI
c i t y o f c o p p e l l
N
Ownership Acres
Robert Payne: 4.20
Housey: 0.69
Flounery: 1.96
FRWM , Inc: 3.46
Turner, DOT V: 15.35
Greens West Dev. 2.45
Texas Industries: 8.00
TOTAL: 36.11
Page 1 of 2COMPARISON OF THE HIGHWAY COMMERCIAL DISTRICT AND THE LIGHT INDUSTRIAL DISTRICTHIGHWAY COMMERCIALLIGHT INDUSTRIALPURPOSEThe "HC" highway commercial district is intended primarily as a high intensityarea permitting a mixed-use for office, commercial-retail, and highwayoriented uses, such as hotels, restaurants, and low and mid-rise offices, andshould be located generally along high-volume thoroughfares. The sitecharacteristics for each area should be designed in a manner to create anattractive appearance from I.H. 635 and S.H. 121, and an impressive gatewayinto the community. Because these areas are designated as major thoroughfareentry points, emphasis has been placed on building arrangement, setbacks,parking, and landscape treatment, which are intended to be elementsinfluencing the character of entrance into the city. It is the intention of the"highway commercial" zoning district to create an attractive and uniqueentrance into the city.Uses Permitted by Right• Any use permitted in the "O" office district. • Any use permitted in the "R" retail district.• Temporary amusement activity (approved by city council resolution).• Exhibition hall.• Equipment sales.• Hotel or motel.• Newspaper printing.• Radio, television or microwave receiving dish (subject to screeningregulations).• University, college, or parochial school and related facilities.• Manufacturing and industrial plants including the processing or assemblyof parts for production of finished equipment, where the process ofmanufacturing or treatment of materials is such that only a minimumamount of dust, odor, gas, smoke, or noise is emitted and no portion of thelot or tract is used for the open storage of products, materials orequipment.For clarity, the following uses, though not limited to the following, arespecifically not permitted uses within the "HC" district even with a special usepermit.• Airport.PURPOSEThe “LI” light industrial district is intended to provide for commercial andlight manufacturing uses.Uses Permitted by RightThe following uses are permitted in the "LI" district, provided that suchmanufacturing or industrial operation shall not disseminate dust, fumes, gas,noxious odor, smoke, glare, or other atmospheric influence beyond theboundaries of the property on which such use is located and which produces nonoise exceeding in intensity at the boundary of the property the averageintensity of noise of street traffic at that point and provided that such use doesnot create fire hazards on surrounding property.• Any use permitted in any of the "O" office, "R" retail, and "C" commercialdistricts.• Apparel and other products assembled from finished textiles.• Bottling works.• Carting, express, hauling or storage yard.• Contractor's yard.• Cosmetic manufacturer.• Drugs and pharmaceutical products manufacturing.• Electronic products manufacturing.• Fur goods manufacture, but not including tanning or dyeing.• Glass products from previously manufactured glass.• Household appliance products assembly and manufacture fromprefabricated parts.• Industrial and manufacturing plants including the processing orassembling of parts for production of finished equipment where theprocess of manufacturing or treatment of materials is such that only anominal amount of dust, odor, gas, smoke or noise is emitted and not morethan 20 percent of the lot or tract is used for the open storage of products,materials, or equipment.• Musical instruments assembly and manufacture.• Plastic products manufacture, but not including the processing of rawmaterials.• Sporting and athletic equipment manufacture.• Testing and research laboratories.
Page 2 of 2• Crop production.• Kennels.• Any use requiring outside storage.• Pawn shops.• Seed store.• Used automobile sales or display, repair garages, tire and seat cover shops,or auto laundries unless incidental to a service station. • Housing prefabrication.• General warehousing activities • Veterinarian clinic (outside kennels).• Technology equipment facility.Uses Permitted by SUP• Airport, (public or private).• Automobile sales or rental.• Automobile repair garage.• Amusement activity (indoor or outdoor).• Bus terminal.• Electric substation, transmission line or other public use utilities.• Fair grounds.• Gasoline service station.• Grocery and convenience stores.• Indoor sports; recreation and entertainment.• Institution for care of alcoholic, narcotic, or psychiatric patients.• Laboratory.• Motorcycle sales and service.• Office warehouse.• Convenience storage or "mini-warehouse".• Private club.• Radio broadcasting towers.• Television studio.• Rodeo or other sports arena.• Trailer rental.• Zoo. (public)• Any permitted uses allowed within the "O" office and "R" retail • Uses Permitted by SUP• Airport, (public or private).• Arsenal.• Cemetery.• Electric substation, transmission line and other public use utility.• Gravel, sand stone or petroleum extraction.• Gun club or shooting range.• Lumber mill.• Other mining activities.• Petroleum products storage.• Planing mill.• Printing plant.• Rooming house.• Coal, coke or wood yard.• Concrete or asphalt batching plant on temporary basis for any period inexcess of 90 days.• Drive-in theater (outdoor).• Adult uses. (Adult bookstores, adult motion pictures, massage parlors andnude modeling or photography studios).• Gasoline service stations.• Convenience storage or "mini-warehouse".Design Standards similar to retail, i.e., brick/stone,controlled signage, etc.Design Standards allow for tilt-wall construction.
DEPT: Planning
DATE: June 10, 2003
ITEM #: 17
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. ZC-608R(CH), zoning change from C (Commercial) to SF-9 (Single Family-9) on
approximately 11 acres of property located south of Sandy Lake; west of Denton Tap Roads.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: May 15, 2003
Decision of P&Z Commission: Approval (4-3) with Commissioners McCaffrey, Reese, Kittrell, and
Halsey voting in favor. Commissioners McGahey, Dragon and Foreman opposed.
Approval is recommended
Written opposition was received from the property owner; therefore, a ¾ vote of City Council is required to
approve this zoning change.
.
Staff recommends approval.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: @6ZC-608R(CH) 1-AR
Item # 9
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: ZC-608R(CH)
P & Z HEARING DATE: May 15, 2003 (Public Hearing continued from the 4/17/03
P&Z Commission meeting.) This staff report is the same as
presented for the previous public hearing, no additional input
has be offered by the property owner of this tract or
surrounding property owners.
C.C. HEARING DATE: June 10, 2003
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: South of Sandy Lake; west of Denton Tap Roads
SIZE OF AREA : 11± acres of property
OWNER/SUBDIVISION: H. T. Ardinger, Jr.
P.O. Box 293685
Lewisville, Texas 75057
CURRENT ZONING: C (Commercial)
PROPOSED ZONING: SF-9 (Single Family-9)
HISTORY: The subject property was zoned Commercial prior to 1983.
The property abutting this tract to the south (approximately
3.5 acres) was rezoned from Commercial to SF-9 through a
called public hearing in 1994. In June of 2000, the
Planning and Zoning Commission initiated rezoning of this
property from Commercial to SF-9, but was denied by City
Council based on opposition from the property owner. At
that time, the owner submitted a letter which, in part, stated
that consideration should be given to delaying the proposed
rezoning “due to a pending contract to sell a portion of the
property and serious discussions with a commercial
Item # 9
Page 2 of 3
developer on the remainder of the property.” Over the past
three years the City has not received any formal
submissions on this property for site plan, zoning or plat
approvals.
SURROUNDING LAND USE AND ZONING:
North – vacant; Retail
South – vacant and single family; C and SF- 9
East – vacant; Commercial
West – Retail and single family, SF–12 and SF-7
COMPREHENSIVE PLAN: The Comprehensive Plan shows this property suitable for
medium density residential.
DISCUSSION: The Comprehensive Land Use Plan designates this area for
medium density residential, which is defined as single
family at a density ranging from 4 to 8 dwelling units per
acre. The property is heavily wooded. To the south are a
Lone Star Gas utility easement, the Wynnpage subdivision
(zoned SF 7) and an undeveloped 3.5-acre tract zoned SF-
9, which was rezoned in 1994 from C (Commercial) to SF-
9 (Single Family-9) through a Planning Commission called
public hearing. Tealwood Drive, within the Wynnpage
subdivision, has been stubbed out to the SF-9 property line
to provide access to support its development for single-
family homes. The continuation of residential zoning and
development on this property would be appropriate.
Single-family development would also allow for the
preservation of more of the existing trees than if the
property were developed for commercial and/or retail uses.
Finally, if this property was developed with the retail zoned
property along Sandy Lake Road, the resultant
development could potentially be large big-box type retail
users, which would be out of scale with the residential
patterns established in this area.
Commercial zoning, with a depth of 250 feet, is proposed
to be retained along the Denton Tap frontage, to allow
development of this property to be consistent in scale and
quality with the existing commercial, office and retail
developments along this primary image zone.
Item # 9
Page 3 of 3
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of a change in zoning
from C (Commercial) to SF- 9 (Single Family-9).
ALTERNATIVES:
1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENT:
1) Exhibit of the 1996 Comprehensive Land Use Map and Zoning Location
Map
c i t y o f c o p p e l l
ROADHEARTZ
SF 1 2
SF 7
SF 9
PD 11 5
C
C PD116OSF7C2F9
SF12S F7
PD 1 66SF12SF9
PD 15 6
PD-148R
S F 7
CPD1SF S F
S F1 2
CT.SUMMER PLACE DR.LEISURESHADY OAK L ANESHADYDALE OAK TSUZANNE WA
BRIGHTON CTCHAUCER CTTENNYSON DICKENS FLEETWOOD COVEHICKORY RIDGE DR
DRCARR INGTON DRCIRFIEL
DCR
EST LO
OP
RIVER RD
SOUTHERN BELLE DRST EAM BOA T DRWHISPERING HILLS DRLLS D RBAYOU CT DR
DR
BRAEWOOD DR
BRAEW OOD DR
HEATHER GLENN DREDGEWOOD DRIVEGLENWOOD DRGREENWOOD CT
LAKEWOOD CTWESTWOOD CTWESTBURY DRCTL ONDON WAYWILGEORGIAN DRBRISTOL CTBRIGHT ON LN
FI TNESS CT
WOO
D
HURST PARK M
EADOW RTEALWOOD DRW RENWOO D DR
W YNNPAG E DR
HE ARTHWO OD DR
HARVESTWOOD DRDELTA CTCAROL INA CT
FIELDCREST LOO P
H.T. Ardinger, Jr. - 11 acres
N
C - Commercial to
SF-9 Single Family-9
C
DEPT: Planning
DATE: June 10, 2003
ITEM #: 18
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of an amendment to the Land Use Plan of the 1996 Comprehensive Master Plan from Regional
Retail and Light Industrial/Showroom to Freeway Commercial, and consider approval of Case No. ZC-611(CH),
zoning change from LI (Light Industrial) to HC (Highway Commercial) on approximately 56.5 acres of property
located east of S.H 121 north and south of Sandy Lake Road.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: May 15, 2003
Decision of P&Z Commission: Approval (7-0) with Commissioners McCaffrey, Reese, Kittrell,
McGahey, Halsey, Dragon and Foreman voting in favor. None opposed.
Approval is recommended
Staff recommends approval.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: @7LUP&ZC-611(CH) 1-AR
Item # 10
Page 1 of 5
CASE NO.: ZC-611(CH)
SUMMARY OF REVISIONS FOR MAY 15, 2003
PLANNING AND ZONING COMMISSION MEETING
Since the April 17, 2003, Planning and Zoning Commission meeting, staff has met with one of the
affected property owners, Emerson Partners. Their 28-acre tract of land is located at the southeast
corner of Sandy Lake and S.H. 121. Given the size and shape of their property and the fact that the
southern half does not actually front on S.H. 121, they are requesting to retain the LI zoning district
on the southern 16.5 acres and are in support of the rezoning to Highway Commercial on the
northern 11.5 acres. This HC zoning would allow a retail center to take advantage of the Sandy
Lake Road frontage, provide visibility from S.H. 121 and will also permit the balance of the tract to
be developed for light industrial uses.
On May 8, 2003, staff met with the consultants for the Ferguson tract and reviewed several
conceptual development proposals for their land holdings. Currently envisioned is office/warehouse
on the easternmost tract (approximately 28 acres) and the remaining half, along the frontage of S.H.
121, for office. To accommodate this development pattern, the HC/LI boundary lines need to be
adjusted, as indicated on the attached revised exhibit.
Staff is in support of this revision to the Highway Commercial District as indicated on the attached
exhibit and the revised staff recommendation is as follows:
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of the amendment to the Land Use Plan
from Regional Retail and Light Industrial/Showroom to Freeway
Commercial, and further, staff recommends approval of a change in
zoning from Light Industrial to Highway Commercial on approximately
64.5 acres of land as indicated on the attached exhibit.
Attachments:
1) Revised Exhibits
NOTE: ATTACHED IS THE COMPLETE STAFF
REPORT ON THIS REQUEST
Item # 10
Page 2 of 5
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: ZC-611(CH)
P & Z HEARING DATE: May 15, 2003 (Public Hearing continued from the 4/17/03 P&Z
Commission meeting.)
C.C. HEARING DATE: June 10, 2003
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: East of S.H. 121; north and south of Sandy Lake Road.
SIZE OF AREA: Approximately 95 acres of property.
PROPOSED AMENDMENT TO THE 1996 COMPREHENSIVE LAND USE PLAN:
From: Regional Retail and Light Industrial/Showroom
To: Freeway Commercial
CURRENT ZONING: LI (Light Industrial)
PROPOSED ZONING: HC (Highway Commercial).
LAND OWNERS: Ben S. Autwell
PO Box 556
Coppell, TX 75019-0556
Ferguson Realty Co
6609 Red Bud Dr
Flower Mound, TX 75022-5863
TE Northpoint Ptnr Ltd.
10005 Technology Blvd W, Suite 151
Dallas, TX 75220-4338
William F. Callejo, Trustee
Item # 10
Page 3 of 5
4314 North Central Expressway
Dallas, Texas 75206
DFW SH 121 LTD
3509 NW 69th Street
Oklahoma City, OK 73116-2126
HISTORY: This property has been zoned a Light Industrial district since 1983. There has been
no platting or zoning activity on this property since that time.
TRANSPORTATION:
State Highway 121 Business is designated as a freeway, improvements are
not funded at this time.
Sandy Lake is scheduled for improvement to a four-lane divided
thoroughfare within right-of-way sufficient for a six-lane road, to be
completed by the end of 2005.
SURROUNDING LAND USE & ZONING:
North- Light Industrial and undeveloped, LI
South -Light Industrial and undeveloped, LI
East - Light Industrial and undeveloped, LI
West - City of Grapevine, undeveloped
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
Regional Retail and Light Industrial/Showroom Uses. This
area is currently being recommended for Freeway
Commercial designation as a Land Use Plan amendment.
DISCUSSION: These areas were designated in the 1996 Comprehensive Plan as Regional
Retail and Light Industrial and are currently zoned Light Industrial. Once
S.H. 121 and its intersections with Sandy Lake Road and Freeport Parkway
are improved, well-designed retail, commercial and/or office development
should be encouraged, versus big-box tilt-wall industrial buildings. This
rezoning is based on the Freeway Commercial land use designation as a
currently proposed amendment to the Plan.
The rationale for the Highway Commercial zoning, versus Light Industrial
along our major high visibility corridors, is summarized in the purpose
statement of the Highway Commercial district as defined in the Zoning
Ordinance as follows:
Item # 10
Page 4 of 5
“The ‘HC’ highway commercial district is intended primarily as a
high intensity area permitting a mixed-use for office, commercial-
retail, and highway oriented uses, such as hotels, restaurants, and
low and mid-rise offices, and should be located generally along high-
volume thoroughfares. The site characteristics for each area should
be designed in a manner to create an attractive appearance from I.H.
635 and S.H. 121, and an impressive gateway into the community.
Because these areas are designated as major thoroughfare entry
points, emphasis has been placed on building arrangement, setbacks,
parking, and landscape treatment, which are intended to be elements
influencing the character of entrance into the city. It is the intention
of the ‘highway commercial’ zoning district to create an attractive
and unique entrance into the city.”
While the mixture of retail and commercial uses permitted in the Highway
Commercial district are similar to those permitted in the Light Industrial
district, special development standards are in effect in the Highway
Commercial district, given its visibility along our major corridors. To
summarize, buildings in the HC district are required to adhere to the masonry
requirements as is imposed in our retail/commercial and office districts, such
as brick and stone facades, regulated signage, etc. Where big-box, tilt-wall
buildings are appropriate in our industrially zoned areas on the west side, this
type of development is not the highest and best use along our gateways into
Coppell.
In addition to tilt-wall construction, Light Industrial zoning also permits a
wide variety of manufacturing and industrial uses, including the fact that up
to 20% of the lot or tract may contain outside or open storage. Again, this
would not be appropriate along S.H. 121.
The rezoning of these properties from Light Industrial to Highway
Commercial will allow the land owners significant flexibility in development
options to take advantage of highway access while assuring compliance with
the vision for the City’s most visible corridors.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of the amendment to the Land Use Plan
from Regional Retail and Light Industrial/Showroom to Freeway
Commercial, and further, staff recommends approval of a change in
zoning from Light Industrial to Highway Commercial.
ALTERNATIVES:
1) Recommend approval of the request.
2) Recommend disapproval of the request
Item # 10
Page 5 of 5
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1) Proposed Amendment to the 1996 Comprehensive Land Use Plan
2) Zoning Location Map, with Ownership
3) Comparison of the Highway Commercial and Light Industrial
Districts
c i t y o f c o p p e l l
N
Emerson Partners
Requesting to retain the
LI district on approx. 16.5
acres and HC on approx.
11.5 acres
Ferguson Realty
Requesting to retain the
LI on approx. 36 acres
and HC on approx. 20
acres.LI
LI
Previously Recommended HC District
c i t y o f c o p p e l l
N
Ownership Acres
William F. Callejo ,
Trustee 16
DFW SH121 LTD. 8.5
Ben S. Autwell 0.5
Ferguson Realty 42
Emerson Partners 28
TOTAL ACRES 95.0
In Favor
Opposed
Undecided
c i t y o f c o p p e l l
N
Sandy Lake
Proposed extension of
Freeport Parkway.ZC-611(CH)
Revised per
P & Z
Approx. 56.5
acres
LI- Light Industrial to
HC- Highway Commercial
Page 1 of 2COMPARISON OF THE HIGHWAY COMMERCIAL DISTRICT AND THE LIGHT INDUSTRIAL DISTRICTHIGHWAY COMMERCIALLIGHT INDUSTRIALPURPOSEThe "HC" highway commercial district is intended primarily as a high intensityarea permitting a mixed-use for office, commercial-retail, and highwayoriented uses, such as hotels, restaurants, and low and mid-rise offices, andshould be located generally along high-volume thoroughfares. The sitecharacteristics for each area should be designed in a manner to create anattractive appearance from I.H. 635 and S.H. 121, and an impressive gatewayinto the community. Because these areas are designated as major thoroughfareentry points, emphasis has been placed on building arrangement, setbacks,parking, and landscape treatment, which are intended to be elementsinfluencing the character of entrance into the city. It is the intention of the"highway commercial" zoning district to create an attractive and uniqueentrance into the city.Uses Permitted by Right• Any use permitted in the "O" office district. • Any use permitted in the "R" retail district.• Temporary amusement activity (approved by city council resolution).• Exhibition hall.• Equipment sales.• Hotel or motel.• Newspaper printing.• Radio, television or microwave receiving dish (subject to screeningregulations).• University, college, or parochial school and related facilities.• Manufacturing and industrial plants including the processing or assemblyof parts for production of finished equipment, where the process ofmanufacturing or treatment of materials is such that only a minimumamount of dust, odor, gas, smoke, or noise is emitted and no portion of thelot or tract is used for the open storage of products, materials orequipment.For clarity, the following uses, though not limited to the following, arespecifically not permitted uses within the "HC" district even with a special usepermit.• Airport.PURPOSEThe “LI” light industrial district is intended to provide for commercial andlight manufacturing uses.Uses Permitted by RightThe following uses are permitted in the "LI" district, provided that suchmanufacturing or industrial operation shall not disseminate dust, fumes, gas,noxious odor, smoke, glare, or other atmospheric influence beyond theboundaries of the property on which such use is located and which produces nonoise exceeding in intensity at the boundary of the property the averageintensity of noise of street traffic at that point and provided that such use doesnot create fire hazards on surrounding property.• Any use permitted in any of the "O" office, "R" retail, and "C" commercialdistricts.• Apparel and other products assembled from finished textiles.• Bottling works.• Carting, express, hauling or storage yard.• Contractor's yard.• Cosmetic manufacturer.• Drugs and pharmaceutical products manufacturing.• Electronic products manufacturing.• Fur goods manufacture, but not including tanning or dyeing.• Glass products from previously manufactured glass.• Household appliance products assembly and manufacture fromprefabricated parts.• Industrial and manufacturing plants including the processing orassembling of parts for production of finished equipment where theprocess of manufacturing or treatment of materials is such that only anominal amount of dust, odor, gas, smoke or noise is emitted and not morethan 20 percent of the lot or tract is used for the open storage of products,materials, or equipment.• Musical instruments assembly and manufacture.• Plastic products manufacture, but not including the processing of rawmaterials.• Sporting and athletic equipment manufacture.• Testing and research laboratories.
Page 2 of 2• Crop production.• Kennels.• Any use requiring outside storage.• Pawn shops.• Seed store.• Used automobile sales or display, repair garages, tire and seat cover shops,or auto laundries unless incidental to a service station. • Housing prefabrication.• General warehousing activities • Veterinarian clinic (outside kennels).• Technology equipment facility.Uses Permitted by SUP• Airport, (public or private).• Automobile sales or rental.• Automobile repair garage.• Amusement activity (indoor or outdoor).• Bus terminal.• Electric substation, transmission line or other public use utilities.• Fair grounds.• Gasoline service station.• Grocery and convenience stores.• Indoor sports; recreation and entertainment.• Institution for care of alcoholic, narcotic, or psychiatric patients.• Laboratory.• Motorcycle sales and service.• Office warehouse.• Convenience storage or "mini-warehouse".• Private club.• Radio broadcasting towers.• Television studio.• Rodeo or other sports arena.• Trailer rental.• Zoo. (public)• Any permitted uses allowed within the "O" office and "R" retail • Uses Permitted by SUP• Airport, (public or private).• Arsenal.• Cemetery.• Electric substation, transmission line and other public use utility.• Gravel, sand stone or petroleum extraction.• Gun club or shooting range.• Lumber mill.• Other mining activities.• Petroleum products storage.• Planing mill.• Printing plant.• Rooming house.• Coal, coke or wood yard.• Concrete or asphalt batching plant on temporary basis for any period inexcess of 90 days.• Drive-in theater (outdoor).• Adult uses. (Adult bookstores, adult motion pictures, massage parlors andnude modeling or photography studios).• Gasoline service stations.• Convenience storage or "mini-warehouse".Design Standards similar to retail, i.e., brick/stone,controlled signage, etc.Design Standards allow for tilt-wall construction.
DEPT: Planning
DATE: June 10, 2003
ITEM #: 19
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of an amendment to the Land Use Plan of the 1996 Comprehensive Master Plan from Light
Industrial/Showroom to Mixed Use, and consider approval of Case No. ZC-615(CH), zoning change from LI
(Light Industrial) to HC (Highway Commercial) on approximately 35 acres of property located east of MacArthur,
south of Lake Vista Drive.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: May 15, 2003
Decision of P&Z Commission: Approval (7-0) with Commissioners McCaffrey, Reese, Kittrell,
McGahey, Halsey, Dragon and Foreman voting in favor. None opposed.
Approval is recommended
Staff recommends approval.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: @8LUP&ZC-615(CH) 1-AR
Item # 12
Page 1 of 4
CASE NO.: ZC-615(CH)
SUMMARY OF REVISIONS FOR MAY 15, 2003
PLANNING AND ZONING COMMISSION MEETING
Since the April 17, 2003, Planning & Zoning Commission meeting, staff has met with the
property owner of the 22-acre tract (Centex) and the homeowners in the subdivision to the south,
The Peninsulas of Coppell. On April 29th, staff met with the representative of Centex to discuss
the possibility of “higher density, single-story townhomes” on this property. Staff explained
that residential land uses were not supported by either the existing or proposed revision to the
Comprehensive Plan or Zoning and could not be supported. The retention of non-residential
uses to enhance the City’s tax base is appropriate.
At a meeting on May 6, 2003, approximately 20 residents of The Peninsulas of Coppell met with
staff and reviewed the proposed rezoning. There appeared to be consensus that Highway
Commercial zoning was preferable over the existing Light Industrial, given the development
standards imposed in the HC District; however, the residents expressed the desire to discuss the
potential for residential development.
Finally, as discussed at the previous Public Hearing, there is an intervening landowner (Denton
County Levee District No. 1) between the Centex tract and The Peninsulas of Coppell
subdivision. Even though development cannot occur on this tract, it is important that the
rezoning encompass this area. Therefore, the area being rezoned has increased from 22 acres to
approximately 35 acres. This additional acreage does not change the notification area as this
levee property was included when owners within 200’ were originally notified.
Staff recommendation on this request remains as it was on April 17th.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of the amendment to the Land Use Plan
from Light Industrial/Showroom to Mixed Use, and further, staff
recommends approval of a change in zoning from Light Industrial to
Highway Commercial on approximately 35 acres of property.
Attachment:
1) Revised Zoning Exhibit
NOTE: ATTACHED IS THE COMPLETE PREVIOUS
STAFF REPORT ON THIS REQUEST
Item # 12
Page 2 of 4
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: ZC-615(CH)
P & Z HEARING DATE: May 15, 2003 (Public Hearing continued from the 4/17/03 P&Z
Commission meeting.)
C.C. HEARING DATE: June 10, 2003
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: East of MacArthur Boulevard; south of Lake Vista Drive.
SIZE OF AREA: Approximately 22 acres of property.
PROPOSED AMENDMENT TO THE 1996 COMPREHENSIVE LAND USE PLAN:
From: Light Industrial/Showroom
To: Mixed Use
CURRENT ZONING: LI (Light Industrial)
REQUEST: HC (Highway Commercial).
APPLICANT: Owners:
Centex Development Company
3100 McKinnon St., Suite 370
Dallas, Texas 75201-7003
Denton County Levee Improvement District No. 1
1001 Fannin Street, Suite 800
Houston, Texas 77002-6707
HISTORY: In 1986 a Final Plat for the Vista Ridge Addition was approved in the
City of Lewisville for a 925-acre tract of property which included the
provision of the right-of-way for Spur 553 ( S.H. 121) from Denton
Item # 12
Page 3 of 4
Tap Road to I.H.35. Since that time, several tracts of property south
of S.H. 121 were annexed into the City of Coppell, including the
subject tract.
TRANSPORTATION: MacArthur Boulevard is a six-lane divided thoroughfare, built to
standard in this area. Lake Vista Drive is a two-lane, undivided road
in the City of Lewisville.
SURROUNDING LAND USE & ZONING:
North- Light Industrial/office in the City of Lewisville
South -Single-family subdivisions and flood plain area: PD-132-SF9, PD-
184-SF-ED, PD-161-SF-12 and PD-131-SF12
East - Undeveloped/open space area; City of Lewisville
West - Undeveloped; HC (Highway Commercial)
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
Light Industrial/Showroom; however, consideration is
currently being given to a Land Use Amendment to Mixed
Uses.
DISCUSSION: This tract of property is located between two office developments to the
north in the City of Lewisville and single-family homes to the south in the
City of Coppell. Given these existing land uses abutting this tract, the Light
Industrial/Showroom, as currently indicated on the Land Use Plan, and
current LI zoning are no longer appropriate. The mixed uses such as office,
retail, commercial, churches, etc., will provide a better buffer between the
residential in Coppell and the office development in the City of Lewisville.
The appropriate zoning to implement the land use category of Mixed Use is
Highway Commercial zoning.
The existing Light Industrial District zoning permits uses such as;
distribution, bulk warehouse, open storage, a variety of manufacturing and
industrial uses, and similar uses that are not appropriate in close proximity to
single family nor is appropriate along MacArthur Blvd. Rezoning to
Highway Commercial will encourage the development that would be
constructed under retail/commercial development standards (facades of brick
and stone, controlled signage, etc.), which will increase this property’s
compatibility with the existing residential, versus industrial standards (tilt-
wall).
In sum, the rezoning of this property from Light Industrial to Highway
Commercial will allow the property owner significant flexibility in
development options while fostering compatibly with surrounding land uses.
Item # 12
Page 4 of 4
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of the amendment to the Land Use Plan
from Light Industrial/Showroom to Mixed Use, and further, staff
recommends approval of a change in zoning from Light Industrial to
Highway Commercial.
ALTERNATIVES:
1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1) Proposed Amendment to the 1996 Comprehensive Land Use Plan
2) Zoning Location Map
3) Comparison of the Highway Commercial and Light Industrial
Districts
c i t y o f c o p p e l l
Light Industrial/
Showroom
to
Mixed Use
Planning Department N
c i t y o f c o p p e l l
N
CENTEX 22 AC.
Denton County Levee
District - approx. 13 acres
c i t y o f c o p p e l l
Existing Zoning Acres
Light Industrial: 35
NMACARTHUR BLVD.FOREST HILL DRWATERVIEW DRIVEF O R E S T HI LL DRI VE
EAST PE N N I NS U LA DR
BENT TREE CTNO RTHSHORE CT
WEST PENNISU LA D R
G L E N L A K E S D R
CASTLE CREEK DRCASTLE CREEK DRKINGS CAN YON CT
LANE
CAMBRIDGE MANORPRINCE EDWARDS LN
CHESHIRE
DEFO REST DR DEFODEFOREST COURT RDS T O N E W I C K L NPRESTWICK CTSTRATFORD LANELAKE P
A
RK DRGLEN LAKES DR
DEFOREST ROADS F 9
PD 1 0 3
SF 7
R SF 1 2
PD 1 3 2
P D 13 1
PD-161 SF12LIHC
S F 1 2
SF12
PD-179 SF12SF12A
PD184
SF-ED
LI -Light Industrial to HC-
Highway Commercial
Page 1 of 2COMPARISON OF THE HIGHWAY COMMERCIAL DISTRICT AND THE LIGHT INDUSTRIAL DISTRICTHIGHWAY COMMERCIALLIGHT INDUSTRIALPURPOSEThe "HC" highway commercial district is intended primarily as a high intensityarea permitting a mixed-use for office, commercial-retail, and highwayoriented uses, such as hotels, restaurants, and low and mid-rise offices, andshould be located generally along high-volume thoroughfares. The sitecharacteristics for each area should be designed in a manner to create anattractive appearance from I.H. 635 and S.H. 121, and an impressive gatewayinto the community. Because these areas are designated as major thoroughfareentry points, emphasis has been placed on building arrangement, setbacks,parking, and landscape treatment, which are intended to be elementsinfluencing the character of entrance into the city. It is the intention of the"highway commercial" zoning district to create an attractive and uniqueentrance into the city.Uses Permitted by Right• Any use permitted in the "O" office district. • Any use permitted in the "R" retail district.• Temporary amusement activity (approved by city council resolution).• Exhibition hall.• Equipment sales.• Hotel or motel.• Newspaper printing.• Radio, television or microwave receiving dish (subject to screeningregulations).• University, college, or parochial school and related facilities.• Manufacturing and industrial plants including the processing or assemblyof parts for production of finished equipment, where the process ofmanufacturing or treatment of materials is such that only a minimumamount of dust, odor, gas, smoke, or noise is emitted and no portion of thelot or tract is used for the open storage of products, materials orequipment.For clarity, the following uses, though not limited to the following, arespecifically not permitted uses within the "HC" district even with a special usepermit.• Airport.PURPOSEThe “LI” light industrial district is intended to provide for commercial andlight manufacturing uses.Uses Permitted by RightThe following uses are permitted in the "LI" district, provided that suchmanufacturing or industrial operation shall not disseminate dust, fumes, gas,noxious odor, smoke, glare, or other atmospheric influence beyond theboundaries of the property on which such use is located and which produces nonoise exceeding in intensity at the boundary of the property the averageintensity of noise of street traffic at that point and provided that such use doesnot create fire hazards on surrounding property.• Any use permitted in any of the "O" office, "R" retail, and "C" commercialdistricts.• Apparel and other products assembled from finished textiles.• Bottling works.• Carting, express, hauling or storage yard.• Contractor's yard.• Cosmetic manufacturer.• Drugs and pharmaceutical products manufacturing.• Electronic products manufacturing.• Fur goods manufacture, but not including tanning or dyeing.• Glass products from previously manufactured glass.• Household appliance products assembly and manufacture fromprefabricated parts.• Industrial and manufacturing plants including the processing orassembling of parts for production of finished equipment where theprocess of manufacturing or treatment of materials is such that only anominal amount of dust, odor, gas, smoke or noise is emitted and not morethan 20 percent of the lot or tract is used for the open storage of products,materials, or equipment.• Musical instruments assembly and manufacture.• Plastic products manufacture, but not including the processing of rawmaterials.• Sporting and athletic equipment manufacture.• Testing and research laboratories.
Page 2 of 2• Crop production.• Kennels.• Any use requiring outside storage.• Pawn shops.• Seed store.• Used automobile sales or display, repair garages, tire and seat cover shops,or auto laundries unless incidental to a service station. • Housing prefabrication.• General warehousing activities • Veterinarian clinic (outside kennels).• Technology equipment facility.Uses Permitted by SUP• Airport, (public or private).• Automobile sales or rental.• Automobile repair garage.• Amusement activity (indoor or outdoor).• Bus terminal.• Electric substation, transmission line or other public use utilities.• Fair grounds.• Gasoline service station.• Grocery and convenience stores.• Indoor sports; recreation and entertainment.• Institution for care of alcoholic, narcotic, or psychiatric patients.• Laboratory.• Motorcycle sales and service.• Office warehouse.• Convenience storage or "mini-warehouse".• Private club.• Radio broadcasting towers.• Television studio.• Rodeo or other sports arena.• Trailer rental.• Zoo. (public)• Any permitted uses allowed within the "O" office and "R" retail • Uses Permitted by SUP• Airport, (public or private).• Arsenal.• Cemetery.• Electric substation, transmission line and other public use utility.• Gravel, sand stone or petroleum extraction.• Gun club or shooting range.• Lumber mill.• Other mining activities.• Petroleum products storage.• Planing mill.• Printing plant.• Rooming house.• Coal, coke or wood yard.• Concrete or asphalt batching plant on temporary basis for any period inexcess of 90 days.• Drive-in theater (outdoor).• Adult uses. (Adult bookstores, adult motion pictures, massage parlors andnude modeling or photography studios).• Gasoline service stations.• Convenience storage or "mini-warehouse".Design Standards similar to retail, i.e., brick/stone,controlled signage, etc.Design Standards allow for tilt-wall construction.
DEPT: Planning
DATE: June 10, 2003
ITEM #: 20
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a one-year extension to the expiration date of the Site Plan for Town Center Addition, Lot 2,
Block 3, to allow the development of an approximately 12,975 square-foot retail/office building on 1.7 acres of
property located along the east side of Denton Tap Road, approximately 475 feet south of Parkway Boulevard.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
Please see attached letter dated May 5, 2003, from Alen Hinckley. Council approved this Site Plan on September
18, 2001, with one condition. If this request were approved, the Site Plan would expire September 18, 2004.
Staff recommends approval.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: @9TCLot2,Blk.3 SPX 1-AR
DEPT: City Manager
DATE: June 10, 2003
ITEM #: 21
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a Resolution suspending the proposed rate schedules of TXU Gas
Distribution Company, providing that the rate schedules of said company shall remain unchanged during the
period of suspension, providing for notice hereof to said company, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY: Staff recommends suspension of the proposed rate increase and to participate jointly
with the other affected cities to retain consultants for an independent analysis of the TXU Gas rate filing.
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: $TXU-1AgendaReq
1 56675
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS,
SUSPENDING THE EFFECTIVE DATE OF TXU GAS
DISTRIBUTION'S REQUESTED RATE CHANGES TO PERMIT
THE CITY TIME TO STUDY THE REQUEST AND TO
ESTABLISH REASONABLE RATES; PROVIDING FOR THE
CREATION OF A STEERING COMMITTEE TO HIRE LEGAL
AND CONSULTING SERVICES; PROVIDING FOR
NEGOTIATIONS WITH THE COMPANY AND DIRECT ANY
NECESSARY LITIGATION; PROVIDING FOR REIMBURSEMENT
OF RATE CASE EXPENSES; AUTHORIZING INTERVENTION
IN THE PROCEEDING AT THE RAILROAD COMMISSION;
PROVIDING FOR NOTICE OF THIS RESOLUTION TO THE
COMPANY;
WHEREAS, on or about May 23, 2003, TXU Gas Distribution, a
division of TXU Gas Company (hereinafter, "Company") filed with
the City of Coppell a Statement of Intent to change gas rates in
all municipalities within the TXU Gas Distribution System; and
WHEREAS, it is reasonable for the City of Coppell to
cooperate with other cities to review the Company's application
and create a Steering Committee to coordinate the hiring and
direction of legal counsel and consultants and to negotiate with
the Company and direct any necessary litigation; and
WHEREAS, the Gas Utility Regulatory Act grants local
regulatory authorities the right to suspend the effective date of
proposed rate changes; and
WHEREAS, the Gas Utility Regulatory Act provides that costs
incurred by Cities in ratemaking activities are to be reimbursed
by the regulated utility; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1.That the effective date of the tariff changes
submitted by TXU Gas Distribution on or about May 23, 2003, be
and is hereby suspended to permit adequate time to review the
proposed changes and to establish reasonable rates.
SECTION 2.That the City Manager or his designee is
authorized to cooperate with other Cities within the TXU Gas
2
Distribution System to create a Steering Committee to hire and
direct legal counsel and/or consultants, negotiate with the
Company, make recommendations to the City regarding reasonable
rates and to direct any necessary litigation associated with an
appeal of a rate ordinance and the rate case filed at the
Railroad Commission.
SECTION 3.That the City's reasonable rate case expenses, if
any, shall be reimbursed by TXU Gas Distribution.
SECTION 4.That the City is hereby authorized to intervene in
TXU Gas Distribution's rate case filed at the Railroad Commission
filed on or about May 23, 2003.
SECTION 5.That a copy of this suspension resolution be sent
to the local representative of TXU Gas Distribution.
SECTION 6.That this resolution shall take effect immediately
from and after its passage as the law and charter in such cases
provide.
3
DULY RESOLVED AND ADOPTED by the City Council of the City of
Coppell,
Texas, on this the ______ day of ________________, 2003.
CITY OF COPPELL, TEXAS
___________________________________
___
DOUGLAS N. STOVER, MAYOR
ATTEST:
___________________________________
___
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
____________________________________
ROBERT E. HAGER, CITY ATTORNEY
1668\09\mmo030527brt
LLOYD, GOSSELINK, BLEVINS, ROCHELLE,
BALDWIN & TOWNSEND, P.C.
ATTORNEYS AT LAW
111 CONGRESS AVENUE
SUITE 1800
AUSTIN, TEXAS 78701
Mr. Gay’s Direct Line: (512) 322-5875
Email: ggay@lglawfirm.com
TELEPHONE (512) 322-5800
TELECOPIER (512) 472-
0532
www.lglawfirm.com
MEMORANDUM
TO: Client Cities Served By TXU Gas
FROM: Geoffrey M. Gay
DATE: May 27, 2003
RE: URGENT - Documents received from TXU &/or ONCOR
If you receive a draft resolution or ordinance from TXU or
ONCOR representatives regarding the gas rate case filed May 23,
2003, please disregard it and instead refer to my memo of May 20,
2003 and the attached model resolution. The model resolution I
provided to you provides the necessary protection as to the
schedule for this case until the Cities and TXU can reach
agreement on procedural issues. Adoption of the model resolution
is the only action cities should take on this case until further
notice. Adoption of the draft ordinance being circulated by
TXU/ONCOR would automatically accelerate the time deadlines for
action in the case and negatively affect our position and ability
to manage the case. Despite an agreement with TXU that they
would not circulate their draft ordinance to the cities in our
group, at least one city has received the ordinance with
instructions from the ONCOR representative to submit it to the
city council for action. Do not follow any directives from TXU
and/or ONCOR representatives about this case and notify my office
immediately should you receive any documents or instructions from
them.
1668\09\mmo030523kpd
LLOYD, GOSSELINK, BLEVINS, ROCHELLE,
BALDWIN & TOWNSEND, P.C.
ATTORNEYS AT LAW
111 CONGRESS AVENUE
SUITE 1800
AUSTIN, TEXAS 78701
Mr. Gay’s Direct Line: (512) 322-5875
Email: ggay@lglawfirm.com
TELEPHONE (512) 322-5800
TELECOPIER (512) 472-
0532
www.lglawfirm.com
MEMORANDUM
TO: Client Cities Served By TXU Gas
FROM: Geoffrey M. Gay
Kristen Doyle
DATE: May 23, 2003
RE: Procedure For Processing New Rate Case
In our May 20, 2003, memorandum regarding the gas rate case
TXU filed today, we provided you with a model resolution that
suspends the effective date of TXU’s rate request. Since that
time, we have heard from several cities regarding some confusion
as to what actions must be taken on a city level. For purposes
of the procedural timeline, it is critical that your city adopt
the resolution we provided you suspending the effective date of
TXU’s new rates within 35 days (June 26, 2003).
Cities and TXU are currently in discussions regarding
procedural issues that may lead the Steering Committee of Cities
to recommend denial of rate relief on an expedited basis in
exchange for TXU agreeing to extend its effective date to create
115 extra days of time (for a total of 300 days) at the
Commission. However, that agreement has not yet been finalized.
We have heard that TXU is encouraging all cities to immediately
deny the requested increase, and may have provided your city with
a model ordinance doing so. Denial of rate relief should not be
done until a procedural agreement is in place. If a city were to
deny TXU’s rate request immediately, rather than suspending the
effective date, the denial could serve to trigger procedural
timelines associated with appeals to the Railroad Commission that
would significantly shorten the timeline for review. This action
would hurt all cities served by TXU. The suspension provides all
cities time necessary to cement a procedural agreement with TXU
and to investigate the evidence provided by TXU justifying its
request.
If you have questions or need another copy of the model
resolution, please contact Geoffrey or Kristen at (512)322-5877.
1668\09\mmo030520gmg
LLOYD, GOSSELINK, BLEVINS, ROCHELLE,
BALDWIN & TOWNSEND, P.C.
ATTORNEYS AT LAW
111 CONGRESS AVENUE
SUITE 1800
AUSTIN, TEXAS 78701
Mr. Gay’s Direct Line: (512) 322-5875
Email: ggay@lglawfirm.com
TELEPHONE (512) 322-5800
TELECOPIER (512) 472-
0532
www.lglawfirm.com
MEMORANDUM
TO: Client Cities Served By TXU Gas
FROM: Geoffrey M. Gay
DATE: May 20, 2003
RE: Procedure For Processing New Rate Case
Approximately 50 city representatives met in Arlington on
May 9, 2003 to discuss the statewide rate case that TXU Gas plans
to file on Friday, May 23.
Pursuant to the directives of that group, I have attached a
model resolution for your city to adopt. The resolution
accomplishes the following objectives:
1. It suspends the effective date of proposed new rates
for the maximum period allowed by law. However, it
does not specifically identify the end of the
suspension period because it is anticipated that TXU
and Cities will reach an agreement on procedural issues
that will cause TXU to move its effective date to
increase the amount of time the Railroad Commission has
to process the case.
2. It commits the city to cooperation with other similarly
situated cities to a joint review of the Company
filing, the sharing of consultants and to joint
participation at the Railroad Commission.
3. It authorizes intervention at the Railroad Commission.
Pipeline issues and rates have historically been under
the exclusive jurisdiction of the Railroad Commission
and TXU plans to file simultaneously with the Cities
and the Commission because the Company plans to
consolidate the Pipeline and Distribution systems under
a single set of rates. Issues of concern to Cities
will emerge at the Commission immediately upon filing
and Cities cannot afford to postpone involvement at the
Commission until TXU appeals local rate setting or
denial of the requested increase.
1668\09\mmo030520gmg
Upon adoption of the attached or similar resolution,
please email or fax a copy to me (ggay@lglawfirm.com or
(512) 472-0532 fax) and to Jay Doegey, City Attorney of
Arlington (doegeyj@ci.arlington.tx.us or 817-459-6897
fax).
It is not anticipated that there will be any assessment or
monetary encumbrance for participating Cities. Rate case
expenses of Cities will be reimbursed by TXU and adequate funds
appear to be available from old Lone Star Gas ratemaking funds to
cover initial costs until reimbursement is arranged.
Cities and TXU are currently in discussion regarding
procedural issues that may lead the Steering Committee of Cities
to recommend denial of rate relief on an expedited basis in
exchange for TXU agreeing to extend its effective date to create
115 extra days of time (for a total of 300 days) at the
Commission. TXU is encouraging all Cities to immediately deny
the requested increase, but that should not be done until a
procedural agreement is in place. The rates should be suspended
and suspension must occur within 35 days of the date TXU files it
case or the Company will have an opportunity to implement the
rates in the City as filed.
DEPT: Engineering/Public Works
DATE: June 10, 2003
ITEM #: 22
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a Resolution to designate Bethel School Road from Denton Tap Road eastward to Heartz Rd.
as a one-way street during construction; and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Approval of this item will provide for a safer construction area.
Staff recommends approval of allowing one-way designation on Bethel School Rd., from Denton Tap Rd. eastward
to Heartz Rd., during construction.
Staff will be available to answer any questions at the Council meeting.
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: #BethelSchool1-AR
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To: Mayor and City Council
From: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
Date: June 10, 2003
RE: Consider approval of a Resolution to designate Bethel School Road from
Denton Tap Road eastward to Heartz Rd. as a one-way street during
constructions; and authorizing the Mayor to sign.
For some time now the Engineering Department has been working on the design of Bethel
School Road from Denton Tap Road eastward to Heartz Rd. to allow for the reconstruction of
the roadway. In addition to the reconstruction of the roadway, it’s our goal to accomplish two
other aspects of the job: 1) to provide for a wider paving width at the intersection of Denton Tap
Road to allow for a left-turn lane; and 2) to work with the United States Postal Service to
reconfigure the driveway access onto Bethel School Road to allow for a safer ingress/egress to
the Post Office.
There is an agreement on the Council agenda this evening to finalize negotiations with the USPS
to allow for the reconfiguration of the driveways. Once that agreement has been voted on, then
staff will know which direction to take in finalizing the construction plans and proceed with the
bidding of the project.
In reviewing the logistics of the actual construction of the roadway, it is apparent that it will be
difficult, if not impossible, to maintain two-way traffic during construction. To effectively
rebuild this roadway one-half of the road needs to be constructed at a time. This means that from
Denton Tap Rd. to Heartz Rd. there will only be a road width adequate to maintain one lane of
traffic. In reviewing traffic patterns, it is important that vehicles leaving the area have an
opportunity to turn left on a green light to enter Denton Tap traffic in the mornings. There are
other options for getting into the area from Denton Tap Road. Most notably a car entering the
area could utilize Vanbebber to Heartz to gain access to Hidden Valley, Sandy Oak, Oak Brook
and other streets east of Heartz Road.
This agenda item is requesting the approval of a resolution to allow the contractor to make
Bethel School Road one-way, westbound, during construction. The actual construction sequence
is anticipated to be the rebuilding of the south side of Bethel School Road in the first phase.
While this work is on-going, the east bound lane of Bethel School Road would be barricaded off
at Denton Tap Road. The westbound traffic would still be allowed to continue through the
intersection to gain access to Denton Tap via the traffic signal. During the second phase of
construction, it is anticipated that the westbound traffic would be shifted to the newly
constructed south side of Bethel Road i.e., the westbound traffic would be traveling on the
eastbound lanes. This does cause some concern with vehicles turning off of Denton Tap Rd.,
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
however, with appropriate signage and possibly some temporary modification at the entrance,
this should be a workable solution.
Utilities that may be in the way are currently being relocated along this section of Bethel School
Road at the proposed widening near the intersection of Denton Tap Road. Therefore, once
construction starts the contractor should have a clear path in removal and reconstruction of
Bethel School Road. It is anticipated that the actual construction time will be approximately 90
days.
Staff recommends approval of the resolution to designate Bethel School Road as one-way
westbound during all phases of construction. Staff will be available to answer any questions at
the Council meeting.
1
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS,
AUTHORIZING THE CITY ENGINEER, IN CONJUNCTION WITH THE
CONTRACTOR, TO MAKE BETHEL SCHOOL ROAD EAST OF DENTON
TAP ROAD EASTWARD TO ITS INTERSECTION WITH HEARTZ
ROAD, ONE-WAY TRAFFIC DURING PERIOD OF CONSTRUCTION OF
BETHEL SCHOOL ROAD; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Bethel School Road must undergo reconstruction in the near future; and
WHEREAS, during the period of said reconstruction, traffic will be impaired; and
WHEREAS, its staff opinion that such reconstruction would be safer if the City
Engineer, in conjunction with the Contractor authorized to perform such reconstruction, is
permitted to make Bethel School Road one-way during the period of construction; and
WHEREAS, after consideration the City Council has determined that it would be in the
best interest of the City and its citizens to provide for a safer reconstruction process by permitting
Bethel School Road to become one-way during the period of construction;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1.That the City Engineer, in conjunction with the Contractor for the Bethel
School Road reconstruction, is hereby authorized to undertake the necessary steps to make Bethel
School Road, east of Denton Tap Road to its intersection with Heartz Road, a one-way street during
the period of construction.
SECTION 2.That the traffic engineer is authorized and directed to erect signs and official
traffic control devices according to the Texas Manual on Uniform Traffic Control Devices, as
amended, as is necessary to give notice as provided herein.
2
SECTION 3.That this Resolution shall take effect immediately from and after its passage
as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2003.
APPROVED:
_________________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
DATE: June 10, 2003
ITEM #: 23
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork
DATE: June 10, 2003
ITEM #: 24
AGENDA REQUEST FORM
MAYOR AND COUNCIL REPORTS
A. Repor t by Mayor Stover regarding Citizen Summit.
B. Repor t by Mayor Stover regarding Budget Work Sessions.
C. Repor t by Mayor Stover regarding Boards and Commissions Volunteers.
D. Repo r t by Mayor Stover re garding American Cancer Society Relay for Life.
E. Repor t by Mayor Stover and Councilmember York regarding Graduation
F. Repor t by Mayor Stover regarding Metroplex Mayors' Meeting.
G. Repor t by Councilmember York regarding City Employees
H. Repor t by Councilmember York regarding Traffic Safety.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
DATE: June 10, 2003
ITEM #: 25
AGENDA REQUEST FORM
COUNCIL COMMITTEE REPORTS
A. Carrollton/Farmers Branch ISD/Lewisville ISD - Councilmember Suhy.
B. Coppell ISD - Councilmembers Raines and York.
C. Coppell Seniors - Councilmember York.
D. Dallas Regional Mobility Coalition - Mayor Pro Tem Peters.
E. Economic Development Committee - Mayor Pro Tem Peters and Councilmember
Brancheau.
F. Metrocrest Hospital Authority - Councilmember Tunnell.
G. Metrocrest Social Service Center - Councilmember Brancheau.
H. Nor th Texas Council of Governments - Councilmember Tunnell.
I. NCTCOG - Emergency Management Planning Council - Councilmember Suhy.
J. Nor th Texas Commission - Councilmember Tunnell.
K. Senior Adult Ser vices - Councilmember Suhy.
L. Town Center/Architectural Committee - Councilmember Faught.
M. Trinity River Common Vision Commission - Councilmember Faught.
N. Trinity Trail Advisor y Commission - Councilmember Raines.
Agenda Request Form - Revised 06/03 Document Name: %ccommreport
DATE: June 10, 2003
ITEM #: 26
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec