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CP 2003-07-22 NOTICE OF CITY COUNCIL MEETING AND AGENDA JULY 22, 2003 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) 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, July 22, 2003, at 5:30 p.m. for Work Session 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. ag072203 Page 1 of 5 ITEM # ITEM DESCRIPTION WORK SESSION (Open to the Public) 2. Convene Work Session A. Review Board/Commission Interview Schedule. B. Discussion regarding Villages of Coppell License Agreements. C. Review of RTTF Repor t. D. Review of Council Retreat Results. E. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 3. Invocation. 4. Pledge of Allegiance. 5. PROCLAMATIONS: A. Consider approval of a proclamation proclaiming “National Night Out” on Tuesday, August 5, 2003, and providing City Council Suppor t and Endorsement of National Night Out festivities and authorizing the Mayor to sign. B. Consider approval of a Proclamation naming August 23, 2003 as "Water Conservation Day," and authorizing the Mayor to sign. 6. Citizen's Appearances. CONSENT AGENDA 7. Consider approval of the following consent agenda items: A. Consider approval of a grant from the Coppell Education Development Corporation and the city of Coppell to the Nor th Hills School for the purchase of Spanish language textbooks and equipment for foreign language labs using funds collected from the 379A sales tax, and authorizing the City Manager to sign. B. Consider approval of an ordinance amending Ar ticle 8-3 Parking, Section 8-3-1(A) of the Code of Ordinances for the City of Coppell to prohibit parking, stopping or standing at all times on the east side of Har tford Circ le and on the south side of Halifax Drive beginning at the south proper ty line of Lot 13, Block B of the Devonshire ag072203 Page 2 of 5 ITEM # ITEM DESCRIPTION Subdivision extending nor th and eastward to the east proper ty line of Lot 13, Block B in its entirety; and authorizing the Mayor to sign. C. Consider approval of an ordinance amending Section 8-1-3 of the Code of Ordinances for the City of Coppell establishing 40 miles per hour as the maximum prima facie speed limit on Southwestern Boulevard from its point of intersection with Coppell Road to its point of intersection with Freepor t Parkway; and authorizing the Mayor to sign. D. Consider approval of License Agreements between the City of Coppell and Jayeshkumar Patel (924 Brentwood, Lot 35, Blk A, Villages of Coppell IIIB); Haiyen Liao (928 Brentwood, Lot 34, Blk A, Villages of Coppell III B); Sunil N. & Jyoti Patel (932 Brentwood, Lot 33, Blk A, Villages of Coppell III B); Deborah June Harris (936 Brentwood, Lot 32, Blk A, Villages of Coppell IIIB); Michelle Maccaroni (940 Brentwood, Lot 31, Blk A, Villages of Coppell IIIB); Russell A. & Leigh A. Campbell (944 Brentwood, Lot 30, Blk A, Villages of Coppell IIIB) to allow the fencing and maintenance of the City right-of-way easement adjacent to the referenced lots; and authorizing the City Manager to sign. E. Consider approval of awarding Bid #Q-0602-02 for the purchase of water meters in the following manner: D&W Utility Supply – series #0100- 5/8” x ¾” and 1”, series #0300- 3”, 4”, 6” & 8”; Badger Meter, Inc. – series #0100- 1 ½” & 2”; Hersey Meters - series #0400- 4”, 6” & 8”; and Atlas Utility Supply Company – series #0500 in a combined total not to exceed $159,366.40, as budgeted. END OF CONSENT 8. Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No. 2002-1007, the budget for Fiscal Year October 1, 2002 through September 30, 2003, and authorizing the Mayor to sign. 9. Consider approval of extending Bid/Contract #Q 0402-01 for the Reinforced Concrete Pavem ent Repair program to Pavement Services Corporation in an amount not to exceed $400,000, as provided for in the Infrastructure Maintenance Fund; and authorizing the City Manager to sign. 10. Consider approval of an Ordinance denying TXU Gas Company’s request to change rates, providing for notice hereof to said company, and authorizing the Mayor to sign. ag072203 Page 3 of 5 ITEM # ITEM DESCRIPTION 11. Necessary action resulting from Work Session. 12. 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. Nor th Texas Commission - Councilmember Tunnell. J. Senior Adult Services - Councilmember Suhy. K. Town Center/Architectural Committee - Councilmember Faught. L. Trinity River Common Vision Commission - Councilmember Faught. M. Trinity Trail Advisor y Commission - Councilmember Raines. 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 ag072203 Page 4 of 5 DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC DOCUMENTS, COUNCIL PACKETS. PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724 Carrying of a concealed handgun on these premises or at any official political meeting in the City of Coppell is illegal. Es ilegal llevar consigo un arma de fuego oculta, adentro de este edificio, o en cualquier junta oficial de politica en la ciudad de Coppell. ag072203 Page 5 of 5 KEY TO COUNCIL GOALS ICONS 2002-2003 Economic Development • Ensure Competitiveness in industrial/commercial growth • Emphasize strategically identified properties • Implement Old Town development strategy • Retain excellent commercial/industrial uses • Increase visibility of commercial/industrial development opportunities w/development community Quality Public Facilities & Infrastructure • Maintained with adequate funding • Environmentally sound and appealing landscaping • Anticipate and plan for future needs • User friendly Excellent City Services & High Citizen Satisfaction • Provide timely and accurate information • Rapid Response and resolution • Identify, implement and measure service levels Hometown Feeling • Well-informed citizenry • Participation on boards and commissions, task forces and committees • Foster a family atmosphere • Active citizen involvement as partners • Strong sense of civic pride and identity as Coppell, TX • Encourage inclusiveness Quality Development • Preserve property values • Attract and retain development tenants • Emphasize code enforcement • Maintain community master plan with consideration of impact on city services and infrastructure • Maintain visual appeal Outstanding Leisure & Recreation Amenities & Programs • Maintain quality and safe parks • Inclusive opportunities, activities and facilities • Collaboration w/community groups • Promote and facilitate community events Effective Transportation • Responsive to neighborhood and regional needs and demands • Safe neighborhood streets • Effective traffic movement throughout the community • Evaluate need for regional transportation and determine city's role Safe Community • Safe neighborhoods • Visible and responsive police presence • Public safety education programs • Emphasize and educate for emergency preparedness • Participate in regional security preparation • Provide safe environment for recreation/leisure activities • Partner in school safety DATE: July 22, 2003 ITEM #: WS-2 AGENDA REQUEST FORM WORK SESSION A. Review Board/Commission Interview Schedule B. Discussion regarding Villages of Coppell License Agreements. C. Review of RTTF Report. D. Review of Council Retreat Results. E. Discussion of Agenda Items. CM REVIEW: Agenda Request Form - Revised 10/02 Document Name: %worksession 2003 WORK SESSION NAME OF BOARD/COMMISSION DATE/TIME INTERVIEW INTERVIEW COMMITTEE AMERICAN RED CROSS Monday August 11th Billy Faught 6:00 p.m. Thom Suhy ANIMAL SERVICES APPEALS BD. Wednesday August 13th Doug Stover 6:00 p.m. Thom Suhy BOARD OF ADJUSTMENT Thursday August 14th Tim Brancheau 6:00 p.m. Billy Faught CONDUCT REVIEW BOARD Monday August 18th Doug Stover 6:00 p.m. Bill York COPPELL EDUCATION DEV. CORP. Tuesday August 19th Diana Raines 6:00 p.m. Thom Suhy ECONOMIC DEV. COMMITTEE Wednesday Marsha Tunnell August 20th 6:00 p.m. Bill York KEEP COPPELL BEAUTIFUL. Monday Billy Faught August 25th 6:00 p.m. Marsha Tunnell final interview schedule.doc LIBRARY BOARD Wednesday Jayne Peters August 27th After Youth Diana Raines Advisor interviews LIBRARY BOARD – YOUTH ADVISOR Wednesday August 27th Jayne Peters 6:00 p.m. Diana Raines PLANNING & ZONING COMM. Thursday Tim Brancheau August 28th 6:00 p.m. Jayne Peters SPECIAL COUNSEL Monday Doug Stover August 18th After Conduct Bill York Review interviews final interview schedule.doc DEPT: Police DATE: July 22, 2003 ITEM #: 5/A AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a proclamation proclaiming “National Night Out” on Tuesday, August 5, 2003, and providing City Council Support and Endorsement of National Night Out festivities and authorizing the mayor to sign. GOAL(S): EXECUTIVE SUMMARY: On Tuesday, August 5th, neighborhoods throughout Coppell are being invited to join forces with thousands of communities nationwide for the “20th Annual National Night Out” crime and drug prevention event. National Night Out, which is sponsored by the National Association of Town Watch and co-sponsored locally by the Coppell Police Department, will involve over 9,500 communities from all 50 states. In all, over 32 million people are expected to participate in ‘America’s Night Out Against Crime’ on Aug. 5th. National Night Out is designed to: (1) Heighten crime and drug prevention awareness; (2) Generate support for, and participation in, local anti-crime efforts; (3) Strengthen neighborhood spirit and police-community partnerships; and (4) Send a message to criminals letting them know neighborhoods are organized and fighting back. From 7:00 to 10:00 p.m. on August 5th, residents in neighborhoods throughout Coppell and across the nation are asked to lock their doors, turn on outside lights and spend the evening outside with neighbors and police. A light on every porch in every neighborhood is a beacon to a better tomorrow. Many neighborhoods throughout Coppell will be hosting a variety of special events such as block parties, cookouts, visits from police, and youth activities to show their support of the National Night Out crime prevention event. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: )nno.doc Proclamation WHEREAS, The National Association of Town Watch is sponsoring the 20th Annual edition of an important nationwide crime and drug prevention event on August 5, 2003, called “National Night Out;” and WHEREAS, The “20th Annual National Night Out” provides a unique opportunity for Coppell, Texas to join forces with thousands of other communities across the country in promoting cooperative police and community drug prevention efforts; and WHEREAS, It is essential that all citizens of Coppell, Texas be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime, drugs, and violence in Coppell, Texas; and WHEREAS, Police-Community partnerships, neighborhood awareness and safety, and cooperation are important themes of the “National Night Out” program; and WHEREAS, Neighborhood Crime Watch plays a vital part in assisting the Coppell Police Department through joint crime prevention efforts in Coppell. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do hereby proclaim Tuesday, August 5, 2003 as “National Night Out” in the City of Coppell, Dallas County, Texas. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this ___________ day of July 2003. ____________________________________ Douglas N. Stover, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary DEPT: Parks and Recreation DATE: July 22, 2003 ITEM #: 5/B AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a Proclamation naming August 23, 2003 as Water Conservation Day, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: ^WCD proclamation PROCLAMATION WHEREAS, the city of Coppell actively promotes and encourages the preservation and efficient use of one of the most important, life-dependent resources, our fresh water supply; and WHEREAS, the city of Coppell has an ordinance outlining the Daily Water Conservation and Drought Contingency Plan; and WHEREAS, Stage One of the Plan encourages water conservation through various water consumption techniques, provided for public information on the City website, water billing insert, City Desk, and Government Access Channel 73; and WHEREAS, the city of Coppell provides public education and involvement in storm water management best practices for homeowners to help prevent non-point source pollution in Texas streams and lakes through classes and seminars; and WHEREAS, the Master Composters of Coppell promote the benefit of using compost in landscapes and lawns to hold up to 95% more water; and WHEREAS, on Saturday, August 23, 2003, the city of Coppell Water Conservation Day will be held at Town Center, with the Coppell SmartScape tour starting at 8:30 a.m. Following the tour there will be three public workshops on water conservation techniques, instructed by leaders in the field of conservation and preservation. NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do hereby proclaim August 23, 2003 as "WATER CONSERVATION DAY” in the City of Coppell, Texas, and encourage our citizens to attend these workshops to learn more about water quality and water conservation techniques to apply to their own landscapes and lawns. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this _____ day of July 2003. __________________________________ Douglas N. Stover, Mayor ATTEST: _______________________________ Libby Ball, City Secretary DATE: July 22, 2003 ITEM #: 6 AGENDA REQUEST FORM CITIZENS' APPEARANCES ORDINANCE NO. 2001-964 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting City Council Meetings," be, and the same is hereby, amended to read as follows: "ARTICLE 1-10 RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS ". . . 1-10-6.2.1 CITIZENS APPEARANCE Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12). Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork DEPT: City Manager DATE: July 22, 2003 ITEM #: 7/A AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a grant from the Coppell Education Development Corporation and the city of Coppell to the North Hills School for the purchase of Spanish language textbooks and equipment for foreign language labs using funds collected from the 379A sales tax, and authorizing the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: Funds for this grant are part of the ½ cent sales tax for the Coppell Education Development Corporation. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: !CEDC _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 1 STATE OF TEXAS § COPPELL EDUCATION DEVELOPMENT CORPORATION § COUNTY OF DALLAS § GRANT AGREEMENT This Educational Development Grant Agreement (“Agreement”) is made by and between the City of Coppell, Texas (“CITY”), Coppell Education Development Corporation (“CEDC”) and the North Hills School (the “NHS”), acting by and through their respective authorized officers. W I T N E S S E T H : WHEREAS, the CITY is authorized by TEX. LOC. GOV’T CODE § 379A to provide educational development grants to publicly funded institutions through the CEDC for the promotion of literacy, foreign language and career technology for a skilled workforce; and WHEREAS, the CITY seeks to support programs for promoting literacy, foreign language and career technology for a skilled workforce; and WHEREAS, the NHS has submitted a grant application No. 2003-S01 to provide funding for Spanish language textbooks and equipment for the NHS foreign language labs, including a mobile console, instructor controls, and wireless headsets to be used by all students in grades one through twelve (the PROJECT) for the purpose of learning Spanish; and WHEREAS, the NHS has developed the PROJECT in order to raise the foreign language levels of all the students, including economically disadvantaged; and WHEREAS, NHS is in need of funding the Spanish language textbooks and equipment for their foreign language labs, and seeks the assistance of the CEDC; and WHEREAS, the CITY has determined that making an education development grant to the NHS in accordance with this Agreement will further the objectives of the CITY, will benefit the CITY and the CITY’S inhabitants and will promote foreign language in the CITY; NOW THEREFORE, in consideration of the foregoing, and other valuable consideration the receipt and sufficiency of which are hereby acknowledged on the terms and conditions hereinafter set forth, the parties agree as follows: GENERAL PROVISIONS 1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to provide the NHS an education development grant (the “GRANT”) in an amount not to exceed Seventeen Thousand Two Hundred Twenty-three Dollars and Fifty-two cents ($17,223.52). 2.NHS agrees to utilize the GRANT to purchase Spanish language textbooks and equipment for the NHS foreign language labs, including mobile console, instructor controls, and _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 2 wireless headsets for all students in grades one through twelve within the NHS, which serves a total of 77 Coppell students. 3.CITY agrees to provide the GRANT of Seventeen Thousand Two Hundred Twenty- three Dollars and Fifty-two cents ($17,223.52) funds payable semiannually with first payment due no earlier than August 1, 2003. Funds to be expended in accordance with the budget categories set forth in the GRANT application. 4. No later than November 15, 2003 the NHS shall submit the receipts for Spanish language textbooks and equipment purchased for this GRANT to the CEDC. The detailed expenditures shall include, but not be limited to, copies of invoices. 5. In the event the NHS breaches any of the terms of this AGREEMENT or fails to use the GRANT for the purposes set forth herein, then the NHS, after expiration of the notice and cure period described herein, shall be in default of this AGREEMENT. As liquidated damages in the event of such default, the NHS shall, within thirty (30) days after demand, repay to the CITY, the GRANT with interest at the rate of eight percent (8%) per annum from the date of receipt of the GRANT until paid. The parties acknowledge that actual damages in the event of default would be speculative and difficult to determine. Upon breach by NHS of any obligations under this AGREEMENT, the CITY shall notify the NHS in writing, who shall have thirty (30) days from receipt of the notice in which to cure such default. If NHS fails to cure the default within the time provided herein, or, as such time period may be extended, then the CITY at its sole option, shall have the right to terminate this AGREEMENT without further notice to the NHS. 6. The terms and conditions of this AGREEMENT are binding upon the successors and assigns of all parties hereto. This AGREEMENT may not be assigned without the express written consent of CITY and CEDC. 7. It is understood and agreed between the parties that NHS, in the use of the GRANT and in satisfying the conditions of this AGREEMENT, is acting independently, and that the CITY and/or the CEDC assumes no responsibilities or liabilities to third parties in connection with these actions. NHS agrees to indemnify and hold harmless the CITY and the CEDC from all such claims, suits, and causes of action, liabilities and expenses, including reasonable attorney’s fees, of any nature whatsoever arising out of the NHS’S performance of the conditions under this AGREEMENT. 8. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage pre-paid, certified mail, return receipt requested, addressed to the party at the address set forth opposite the signature of the party. 9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for any action concerning this AGREEMENT shall be in the State District Court of Dallas County, Texas. 10. In the event any one or more of the provisions contained in this AGREEMENT shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 3 illegality, or unenforceability shall not effect the other provisions, and the AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. EXECUTED this _______ day of _____________________, 2003. CITY OF COPPELL, TEXAS By: ______________________________________ JIM WITT, CITY MANAGER 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 ATTEST: By: ______________________________________ EXECUTED this _______ day of _____________________, 2003. COPPELL EDUCATION DEVELOPMENT CORPORATION By: ______________________________________ JERRY COKER, PRESIDENT 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 ATTEST: By: ______________________________________ _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 4 SIGNED this ______ day of ________________, 2003. NORTH HILLS SCHOOL By: ______________________________________ RAYMOND E. DOERGE DIRECTOR OF STUDENT LIFE North Hills School 606 E. Royal Lane Irving, Texas 75039 ATTEST: By: ______________________________________ CITY’S ACKNOWLEDGMENT 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 municipality, on behalf of said municipality. ___________________________________ Notary Public, State of Texas My Commission Expires: _________________________ _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 5 COPPELL EDUCATION DEVELOPMENT CORPORATION STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of ___________, 2003, by Jerry Coker, President of Coppell Education Development Corporation, on behalf of said corporation. Notary Public, State of Texas My Commission expires: NORTH HILLS SCHOOL STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of ___________, 2003, by Raymond E. Doerge, Director of Student Life, North Hills School, on behalf of said school. Notary Public, State of Texas My Commission expires: DEPT: Engineering/Public Works DATE: July 22, 2003 ITEM #: 7/B AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an ordinance amending Article 8-3 Parking, Section 8-3-1(A) of the Code of Ordinances for the City of Coppell to prohibit parking, stopping or standing at all times on the east side of Hartford Circle and on the south side of Halifax Drive beginning at the south property line of Lot 13, Block B of the Devonshire Subdivision extending north and eastward to the east property line of Lot 13, Block B in its entirety; and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Approval of this ordinance will prohibit parking of vehicles on the east side of Hartford Circle and the south side of Halifax Drive along the north and west boundaries of the property located at 130 Hartford Circle. This will improve emergency vehicle access to the area. Staff recommends approval of the “no parking” ordinance 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: #HalifaxNP-1AR "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Teresa Turner, E.I.T., Graduate Engineer Date: July 22, 2003 RE: 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 Hartford Circle and on the south side of Halifax Drive beginning at the south property line of Lot 13, Block B of the Devonshire Subdivision extending north and eastward to the east property line of Lot 13, Block B in its entirety; and authorizing the Mayor to sign. Staff has received several requests to evaluate the safety along the curve between Hartford Circle and Halifax Drive in the Devonshire Subdivision. The concern is that vehicles regularly park along both sides of the street creating sight obstructions and narrowing the width of the roadway such that school buses and emergency vehicles may experience difficulties getting between the parked vehicles. The street is a standard 28 feet wide residential roadway with curbs and gutter. The property owner at 130 Hartford Circle has provided staff with written support of posting the street around their property as “No Parking”. Staff recommends the approval of the ordinance amending Section 8-3-1(A) of the Code of Ordinances for the City of Coppell to allow signs to be posted prohibiting parking on the referenced section of Hartford Circle and Halifax Drive. Staff will be available to answer questions at the Council meeting. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 8- 3-1(A) OF THE CODE OF ORDINANCES; MAKING IT UNLAWFUL TO PARK A VEHICLE ON THE EAST SIDE OF HARTFORD CIRCLE AND THE SOUTH SIDE OF HALIFAX DRIVE BEGINNING AT THE SOUTH PROPERTY LINE OF LOT 13, BLOCK B OF THE DEVONSHIRE SUBDIVISON EXTENDING NORTH AND EASTWARD TO THE EAST PROPERTY LINE OF LOT 13, BLOCK B IN ITS ENTIRETY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That Section 8-3-1A of Chapter 8 of the Code of Ordinances be, and the same is hereby, amended to provide for no parking zones at all times on Halifax Drive, to read as follows: “Sec. 8-3-1 NO PARKING ON SPECIFIC STREETS & IN CERTAIN SCHOOL ZONES/SCHOOL AREAS A.NO PARKING ON SPECIFIC STREETS It shall be unlawful for any person to stop, stand or park a vehicle at any time in violation of any official sign, curb marking, or street marking that prohibits, regulates, or restricts the stopping, standing or parking of a vehicle at the times designated for the following streets: . . . . HARTFORD CIRCLE at all times on the east side only, beginning at the south property line of Lot 13, Block B of the Devonshire Subdivision extending north to its point of intersection with Halifax Drive. 2 HALIFAX DRIVE at all times on the south side only, beginning at the east property line of Lot 13, Block B of the Devonshire Subdivision extending westward to its point of intersection with Hartford Circle. . . . .” SECTION 2.The traffic engineer shall erect official signs, curb markings, or street markings giving notice that parking, stopping or standing of vehicles is prohibited at the locations designated herein. SECTION 3.That all provisions of the Code of Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any word, phrase, paragraph, section or phrase of this ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6.That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be 3 subjected to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense; and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 7.That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. 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 DEPT: Engineering/Public Works DATE: July 22, 2003 ITEM #: 7/C AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an ordinance amending Section 8-1-3 of the Code of Ordinances for the City of Coppell establishing 40 miles per hour as the maximum prima facie speed limit on Southwestern Boulevard from its point of intersection with Coppell Road to its point of intersection with Freeport Parkway; and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Approval of this ordinance will increase the speed limit in the industrial area on Southwestern Boulevard from 30 miles per hour to 40 miles per hour. Staff recommends approval of the ordinance 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: #SouthwesternSL-1AR "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Mayor and City Council From: Teresa Turner, E.I.T., Graduate Engineer Date: July 22, 2003 RE: Consider approval of an ordinance amending Section 8-3-1 of the Code of Ordinances of the City of Coppell establishing 40 miles per hour as the maximum prima facie speed limit on Southwestern Boulevard from its point of intersection with Coppell Road to its point of intersection with Freeport Parkway; and authorizing the Mayor to sign. At the request of a Coppell resident, staff conducted a traffic count and speed study on the section of Southwestern Boulevard from Coppell Road to Freeport Parkway. The current posted speed limit along the entire length of Southwestern Boulevard from Denton Tap Road to Freeport Parkway is 30 miles per hour. Southwestern Boulevard from Denton Tap Road to Coppell Road is a 20-foot wide, two-lane, unimproved asphalt street. It runs along the Pinkerton Elementary School frontage and has a 20 m.p.h. school speed zone during before and after school times. The segment of Southwestern Boulevard from Coppell Road to Freeport Parkway however, is in an industrial area. It is a 44-foot wide, improved, concrete street within a 61-foot right-of-way. There are currently only 5 driveways, within this approximately 1700-foot distance, with direct access to Southwestern Boulevard. The study was taken halfway between Coppell Road and Freeport Parkway on Thursday, June 26, 2003 and the results are as follows: 24-hour EB Volume EB 85 th Percentile Speed (m.p.h.) 24-hour WB Volume WB 85 th Percentile Speed (m.p.h.) 842 41.9 1,124 43.9 Staff is recommending a speed limit increase from 30 m.p.h. to 40 m.p.h. and will be available to answer questions at the Council meeting. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING SECTION 8- 1-3 OF THE CODE OF ORDINANCES TO ESTABLISH 40 MILES PER HOUR AS THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SOUTHWESTERN BOULEVARD FROM ITS POINT OF INTERSECTION WITH COPPELL ROAD TO ITS POINT OF INTERSECTION WITH FREEPORT PARKWAY; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Section 8-1-3 Of the Code of Ordinances of the City of Coppell, Texas be amended in part to establish the maximum prima facie speed limit for the following street to read as follows: ADD: SPEED STREET PORTION OF STREET MILES PER HOUR SOUTHWESTERN BOULEVARD From its point of intersection 40 with Coppell Road to its point of intersection with Freeport Parkway SECTION 2. That the traffic engineer is authorized and directed to erect signs necessary to give notice of the speed limit adopted herein. SECTION 3. All ordinances, or parts of ordinances, inconsistent or in conflict with provisions of this ordinance are hereby repealed. SECTION 4. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 5. If any article, paragraph or subdivision, clause or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 6. Any person, firm or corporation violating any of the provisions of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a misdemeanor and, upon conviction by the Municipal Court of Coppell, Texas shall be punished by a penalty of fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense; and each and every day such offense is continued shall constitute a new and separate offense. SECTION 7. This ordinance shall take effect immediately from and after the publication of its caption, as the law in such cases provides and after official traffic control devices have been erected giving notice of the speed limit established herein. 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 DEPT: Engineering/Public Works DATE: July 22, 2003 ITEM #: 7/D AGENDA REQUEST FORM ITEM CAPTION: Consider approval of License Agreements between the City of Coppell and Jayeshkumar Patel (924 Brentwood, Lot 35, Blk A, Villages of Coppell IIIB); Haiyen Liao (928 Brentwood, Lot 34, Blk A, Villages of Coppell III B); Sunil N. & Jyoti Patel (932 Brentwood, Lot 33, Blk A, Villages of Coppell III B); Deborah June Harris (936 Brentwood, Lot 32, Blk A, Villages of Coppell IIIB); Michelle Maccaroni (940 Brentwood, Lot 31, Blk A, Villages of Coppell IIIB); Russell A. & Leigh A. Campbell (944 Brentwood, Lot 30, Blk A, Villages of Coppell IIIB) to allow the fencing and maintenance of the City right-of-way easement adjacent to the referenced lots; and authorizing the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: The license agreements will allow the property owners to utilize the 10-foot right-of-way with the exclusion of the ability to construct any permanent structures. Staff recommends approval of the license agreements for Lots 30-35, Block A Villages of Coppell Phase IIIB. 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: #VlgofCoppell-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: July 22, 2003 RE: Consider approval of License Agreements between the City of Coppell and Jayeshkumar Patel (924 Brentwood, Lot 35, Blk A, Villages of Coppell IIIB); Haiyen Liao (928 Brentwood, Lot 34, Blk A, Villages of Coppell III B); Sunil N. & Jyoti Patel (932 Brentwood, Lot 33, Blk A, Villages of Coppell III B); Deborah June Harris (936 Brentwood, Lot 32, Blk A, Villages of Coppell IIIB); Michelle Maccaroni (940 Brentwood, Lot 31, Blk A, Villages of Coppell IIIB); Russell A. & Leigh A. Campbell (944 Brentwood, Lot 30, Blk A, Villages of Coppell IIIB) to allow the fencing and maintenance of the City right-of-way easement adjacent to the referenced lots; and authorizing the City Manager to sign. In 1992 the plat for Villages of Coppell Phase IIIB was filed. At the time it was filed, there was an existing development at the east end of Deforest Road near the Elm Fork of the Trinity River. Therefore, the developer for the Villages of Coppell Phase IIIB was required to dedicate ten feet of right-of-way for the future expansion and improvement of Deforest Road. The original plat as filed in Volume 92218, page 3565 and shown as Exhibit “B”, shows the 10-foot right-of-way dedication for Deforest Road, along with an alley adjacent to Lots 29-41. Shortly after the original plat was filed, the developer refiled a portion of the plat to eliminate the alley that was adjacent to Lots 29-41. The replat, filed in Volume 93002, page 4701 and shown as Exhibit “A”, shows the new configuration of Lots 25-41. The item before you this evening pertains to the right-of-way that was dedicated by the original plat of the Villages of Coppell IIIB, that is now adjacent to Lots 30-35, Block A as shown on the replat of the Villages of Coppell Phase IIIB and as shown on Exhibit “A” in the attachments. In the early 1990’s it was unknown what the future configuration of Deforest Road would be. As can be seen on both Exhibits “A” and “B”, there were numerous smaller property owners on the north side of Deforest Road. So it was conceivable that Deforest Road would continue in an easterly direction, potentially cul-de-sacing at some point. In early 2000, a developer put together all the small tracts on the north side of Deforest Road to create one development. In 2001, the plat for that development, Windsor Estates, was filed allowing for the development of the property on the north side of Deforest Road. In lieu of extending Deforest Road to the far east end of the property adjacent to the Villages of Coppell Phase IIIB, the developer chose to curve the road northward and create larger lots that backed up to the Elm Fork of the Trinity River. The current configuration of Deforest Road is shown on Exhibit “C”. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" Because of the decision to curve Deforest Road northward, the City of Coppell has been left with a 10-foot strip of right-of-way adjacent to the south side of Windsor Estates and adjacent to Lots 27-35, Block A of the Replat of Villages of Coppell Phase IIIB. Because of the current reconfiguration of Deforest Road by the Windsor Estates subdivision, the 10-foot of right-of-way dedicated by the original plat of Villages of Coppell Phase IIIB has no use to the City of Coppell in regards to thoroughfare development. I have been approached by a resident who lives in the Villages of Coppell Phase IIIB inquiring about his ability to utilize the 10-foot of right-of-way which was dedicated to the City by the developer of his subdivision. The original thought was to abandon the 10-foot of right-of-way; however, that is when the complications began. In our initial contacts with the utility companies, it was noted that at least one utility company had utilities within the 10-foot area. So if an abandonment took place, we would still need to retain the underlying areas as a utility easement. As this issue progressed, the resident inquired about his ability to just abandon a portion of the right-of-way adjacent to his lot, which is Lot 30. I stated that I could not support random abandonment of pieces of the right-of-way because if the right-of-way adjacent to Lot 30 was abandon, the City would have no access to the remaining portion of the right-of-way east of that adjacent to Lots 27-39. This citizen then met with his neighbors to discuss the abandonment and approached me again concerning the utilization of the 10-foot right-of-way. He stated that the neighbors to the west of him (Lots 31-35) were receptive to gaining the ability to utilize the 10-foot of excess right-of- way. However, they were concerned about the impact of the land on the value of their property and whether or not they would have increased taxes, if the City abandoned the right-of-way and allowed them to incorporate it, via plat, into their lot. The citizens to the east of Lot 30 (Lots 27- 29) showed no interest in gaining the 10-foot of right-of-way because it lies strictly within a floodplain and as such the owners of Lots 27-29 could not utilize the 10-foot for any increased usability of their property. However, if it was incorporated into their property there was some concern that again their taxes would go up without any offsetting benefit. My goal throughout this issue was to try to come to some resolution where the adjacent citizens could use the land, maintain it, and gain benefit from it as opposed to having it isolated from their property and becoming a potential maintenance issue. In previous years, the maintenance of the area was of less concern because of the lack of development on the north side of Deforest Road, now the 10-foot right-of-way abuts a common area of Windsor Estates. In discussing this with our attorney and reviewing past actions of City Council, I am recommending that the City allow the utilization of the 10-foot right-of-way via license agreement to the adjacent properties. The license agreement would only allow the fencing in of the 10-foot adjacent to Lots 30-35, if they so chose to do so. The area would still be maintained as right-of-way and as such the utility companies would still have the right to enter and maintain their existing facilities. I have had conversations with the developer of Windsor Estates and he has expressed concern as to why he is not being allowed to utilize the 10-foot of right-of-way. As previously stated in the "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" memo, the right-of-way was dedicated by the developer of Villages of Coppell Phase IIIB. Windsor Estates did not dedicate any of the 10-foot of right-of-way for Deforest Road. In reviewing the plat for Windsor Estates they very clearly show the limits of their development to be exclusive of the 10-foot of right-of-way. In essence, when you place the two plats side by side, there is 10 feet separating them, with that 10 feet being the right-of-way dedicated in 1992 by the Villages of Coppell Phase IIIB. Staff recommends approval of the license agreements for Lots 30-35, Block A Villages of Coppell Phase IIIB to utilize the 10-foot excess right-of-way for Deforest Road for their enjoyment with the exclusion of the ability to construct any permanent structures, with the exceptions of fences. Staff will be available to answer any questions at the Council meeting. ____________________________________ License Agreement - Page 1 STATE OF TEXAS § § LICENSE AGREEMENT COUNTY OF DALLAS § THIS AGREEMENT is made by and between City of Coppell, Texas (hereinafter referred to as “CITY”) and Jayeshkumar Patel (hereinafter collectively referred to as “LICENSEE”) acting by and through their authorized representatives. WITNESSETH: WHEREAS, LICENSEE own the real property improvements located at 924 Brentwood Drive and being more particularly described in Exhibit “A”, attached hereto and incorporated herein as set forth in full; and WHEREAS, LICENSEE desires to fence (hereinafter referred to as the “IMPROVEMENTS”) and utilize the ten-foot City right-of-way easement for Deforest Road dedicated with the final plat of Villages of Coppell Phase IIIB, Volume 92218, Page 3565, as shown on the attached plat marked Exhibit “B” and map marked Exhibit “C” and incorporated herein for all purposes; and WHEREAS, LICENSEE has requested the CITY allow the use and occupancy of the easement for LICENSEE IMPROVEMENTS; NOW THEREFORE, in consideration of the covenants contained herein and other valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1.Purpose: CITY hereby grants LICENSEE an irrevocable license, for the purpose of fencing and maintaining the City right-of-way easement (the “PERMITTED IMPROVEMENTS”) and being more particularly depicted on the plat marked Exhibit “B” and map marked Exhibit “C” attached hereto and incorporated herein for all purposes. With the exception of the fence, no permanent structures shall be allowed within the City right-of-way easement. 2.Term: The term of this License shall be perpetual, subject, however, to termination by the CITY as provided herein. 3.Non-exclusive: This License is nonexclusive and is subject to any existing utility, drainage or communications facilities located in, on, under or upon the easement or property owned by CITY, any utility or communication company, public or private, to all vested rights presently owned by any utility or communication company, public or private for the use of the CITY easement for facilities presently located within the boundaries of the easement and to any existing lease, license, or other interest in the easement granted by CITY to any individual, corporation or other entity, public or private. ____________________________________ License Agreement - Page 2 4.Environmental Protection: LICENSEE shall not use or permit the use of the property for any purpose that may be in violation of any laws pertaining to the health of the environment, including without limitation, the comprehensive environmental response, compensation and liability act of 1980 (“CERCLA”), the resource conservation and recovery act of 1976 (“RCRA”), the Texas Water Code and the Texas Solid Waste Disposal Act. LICENSEE warrant that the PERMITTED use of the property will not result in the disposal or other release of any hazardous substance or solid waste on or to the property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the property or adjoining property by LICENSEE. The terms “hazardous substance and waste” shall have the meaning specified in CERCLA and the term solid waste and disposal (or dispose) shall have the meaning specified in the RCRA; provided, however, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment; and provided further, at the extent that the laws of the State of Texas establish a meaning for hazardous substance, release, solid waste, or disposal which is broader then that specified in the CERCLA or RCRA, such broader meaning shall apply. LICENSEE shall indemnify and hold CITY harmless against all costs, environmental clean up to the property and surrounding CITY property resulting from LICENSEE’ use of the property under this License. 5.Mechanic’s liens not permitted: LICENSEE shall fully pay all labor and materials used in, on or about the property and will not permit or suffer any mechanic’s or material man’s liens of any nature be affixed against the property by reason of any work done or materials furnished to the property at LICENSEE’ instance or request. 6.Duration of License: This License shall terminate and be of no further force and effect in the event LICENSEE shall discontinue or abandon the use of the PERMITTED IMPROVEMENTS or in the event LICENSEE shall remove the PERMITTED IMPROVEMENTS from the property or upon termination by CITY whichever event first occurs; or, in the event that the City abandons the property depicted as an easement on Exhibit “B”, then this agreement shall be of no further effect. 7.Compliance with laws: LICENSEE agree to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the LICENSEE. 8.Indemnification: LICENSEE shall defend, protect and keep CITY forever harmless and indemnified against and from any penalty, or any damage, or charge, imposed for any violation of any law, ordinance, rule or regulation arising out of the use of the property by the LICENSEE, whether occasioned by the neglect of LICENSEE, its employees, officers, agents, contractors or assigns or those holding under LICENSEE. LICENSEE shall at all times defend, protect and indemnify and it is the intention of the parties hereto that LICENSEE hold CITY harmless against and from any and all loss, cost, damage, or expense, including attorney’s fee, arising out of or from any accident or other occurrence on or about the property causing personal injury, death or property damage resulting from use of property by LICENSEE, its agents, employees, customers and invitees, except when caused by the willful misconduct or negligence of CITY, its officers, employees or agents, and only then to the extent of the proportion of any fault ____________________________________ License Agreement - Page 3 determined against CITY for its willful misconduct or negligence. LICENSEE shall at all times defend, protect, indemnify and hold CITY harmless against and from any and all loss, cost, damage, or expense, including attorney’s fees arising out of or from any and all claims or causes of action resulting from any failure of LICENSEE, their officers, employees, agents, contractors or assigns in any respect to comply with and perform all the requirements and provisions hereof. 9.Action upon termination: At such time as this License may be terminated or canceled for any reason whatsoever, LICENSEE, upon request by CITY, shall remove all PERMITTED IMPROVEMENTS and appurtenances owned by it, situated in, under or attached to the CITY utility easement and shall restore such property to substantially the condition of the property prior to LICENSEE’ encroachment at LICENSEE sole expense. 10.Termination: This Agreement may be terminated in any of the following ways: a. Written agreement of both parties; b. By CITY upon failure of LICENSEE to perform its obligations as set forth in this Agreement; c. By the CITY abandoning any interest in the right-of-way easement. 11.Notice: When notice is permitted or required by this Agreement, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid in the United States mail, certified return receipt requested, and addressed to the parties at the address set forth opposite their signature. Either party may designate from time to time another and different address for receipt of notice by giving notice of such change or address. 12.Attorney’s fees: Any signatory to this Agreement, who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to this Agreement shall be entitled to recover court cost and reasonable attorney’s fees from the non-prevailing party. 13.Governing law: This Agreement is governed by the laws of the State of Texas; and venue for any action shall be in Dallas County, Texas. 14.Binding effect: This Agreement shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. 15.Entire Agreement: This Agreement embodies the entire agreement between the parties and supersedes all prior agreements, understandings, if any, relating to the property and the matters addressed herein and may be amended or supplemented only by written instrument executed by the party against whom enforcement is sought. 16.Recitals: The recitals to this Agreement are incorporated herein by reference. 17.Legal construction: The provisions of this Agreement are hereby declared covenants running with the property and are fully binding on all successors, heirs, and assigns of LICENSEE who acquire any right, title, or interest in or to the property or any part thereof. Any ____________________________________ License Agreement - Page 4 person who acquires any right, title, or interest in or to the property, or any part hereof, thereby agrees and covenants to abide by and fully perform the provisions of this agreement with respect to the right, title or interest in such property. EXECUTED this ______ day of _________________, 2003. CITY OF COPPELL, TEXAS By: JIM WITT, CITY MANAGER ATTEST: By: LIBBY BALL, CITY SECRETARY ACCEPTANCE ACKNOWLEDGED BY: LICENSEE: By: Jayeshkumar Patel ____________________________________ License Agreement - Page 5 CITY’S ACKNOWLEDGMENT 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 municipality, on behalf of said municipality. ___________________________________ Notary Public, State of Texas My Commission Expires: _________________________ ____________________________________ License Agreement - Page 6 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of ___________, 2003, by Jayeshkumar Patel. Notary Public, State of Texas My Commission expires: ____________________________________ License Agreement - Page 1 STATE OF TEXAS § § LICENSE AGREEMENT COUNTY OF DALLAS § THIS AGREEMENT is made by and between City of Coppell, Texas (hereinafter referred to as “CITY”) and Haiyen Liao (hereinafter collectively referred to as “LICENSEE”) acting by and through their authorized representatives. WITNESSETH: WHEREAS, LICENSEE own the real property improvements located at 928 Brentwood Drive and being more particularly described in Exhibit “A”, attached hereto and incorporated herein as set forth in full; and WHEREAS, LICENSEE desires to fence (hereinafter referred to as the “IMPROVEMENTS”) and utilize the ten-foot City right-of-way easement for Deforest Road dedicated with the final plat of Villages of Coppell Phase IIIB, Volume 92218, Page 3565, as shown on the attached plat marked Exhibit “B” and map marked Exhibit “C” and incorporated herein for all purposes; and WHEREAS, LICENSEE has requested the CITY allow the use and occupancy of the easement for LICENSEE IMPROVEMENTS; NOW THEREFORE, in consideration of the covenants contained herein and other valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1.Purpose: CITY hereby grants LICENSEE an irrevocable license, for the purpose of fencing and maintaining the City right-of-way easement (the “PERMITTED IMPROVEMENTS”) and being more particularly depicted on the plat marked Exhibit “B” and map marked Exhibit “C” attached hereto and incorporated herein for all purposes. With the exception of the fence, no permanent structures shall be allowed within the City right-of-way easement. 2.Term: The term of this License shall be perpetual, subject, however, to termination by the CITY as provided herein. 3.Non-exclusive: This License is nonexclusive and is subject to any existing utility, drainage or communications facilities located in, on, under or upon the easement or property owned by CITY, any utility or communication company, public or private, to all vested rights presently owned by any utility or communication company, public or private for the use of the CITY easement for facilities presently located within the boundaries of the easement and to any existing lease, license, or other interest in the easement granted by CITY to any individual, corporation or other entity, public or private. ____________________________________ License Agreement - Page 2 4.Environmental Protection: LICENSEE shall not use or permit the use of the property for any purpose that may be in violation of any laws pertaining to the health of the environment, including without limitation, the comprehensive environmental response, compensation and liability act of 1980 (“CERCLA”), the resource conservation and recovery act of 1976 (“RCRA”), the Texas Water Code and the Texas Solid Waste Disposal Act. LICENSEE warrant that the PERMITTED use of the property will not result in the disposal or other release of any hazardous substance or solid waste on or to the property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the property or adjoining property by LICENSEE. The terms “hazardous substance and waste” shall have the meaning specified in CERCLA and the term solid waste and disposal (or dispose) shall have the meaning specified in the RCRA; provided, however, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment; and provided further, at the extent that the laws of the State of Texas establish a meaning for hazardous substance, release, solid waste, or disposal which is broader then that specified in the CERCLA or RCRA, such broader meaning shall apply. LICENSEE shall indemnify and hold CITY harmless against all costs, environmental clean up to the property and surrounding CITY property resulting from LICENSEE’ use of the property under this License. 5.Mechanic’s liens not permitted: LICENSEE shall fully pay all labor and materials used in, on or about the property and will not permit or suffer any mechanic’s or material man’s liens of any nature be affixed against the property by reason of any work done or materials furnished to the property at LICENSEE’ instance or request. 6.Duration of License: This License shall terminate and be of no further force and effect in the event LICENSEE shall discontinue or abandon the use of the PERMITTED IMPROVEMENTS or in the event LICENSEE shall remove the PERMITTED IMPROVEMENTS from the property or upon termination by CITY whichever event first occurs; or, in the event that the City abandons the property depicted as an easement on Exhibit “B”, then this agreement shall be of no further effect. 7.Compliance with laws: LICENSEE agree to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the LICENSEE. 8.Indemnification: LICENSEE shall defend, protect and keep CITY forever harmless and indemnified against and from any penalty, or any damage, or charge, imposed for any violation of any law, ordinance, rule or regulation arising out of the use of the property by the LICENSEE, whether occasioned by the neglect of LICENSEE, its employees, officers, agents, contractors or assigns or those holding under LICENSEE. LICENSEE shall at all times defend, protect and indemnify and it is the intention of the parties hereto that LICENSEE hold CITY harmless against and from any and all loss, cost, damage, or expense, including attorney’s fee, arising out of or from any accident or other occurrence on or about the property causing personal injury, death or property damage resulting from use of property by LICENSEE, its agents, employees, customers and invitees, except when caused by the willful misconduct or negligence of CITY, its officers, employees or agents, and only then to the extent of the proportion of any fault ____________________________________ License Agreement - Page 3 determined against CITY for its willful misconduct or negligence. LICENSEE shall at all times defend, protect, indemnify and hold CITY harmless against and from any and all loss, cost, damage, or expense, including attorney’s fees arising out of or from any and all claims or causes of action resulting from any failure of LICENSEE, their officers, employees, agents, contractors or assigns in any respect to comply with and perform all the requirements and provisions hereof. 9.Action upon termination: At such time as this License may be terminated or canceled for any reason whatsoever, LICENSEE, upon request by CITY, shall remove all PERMITTED IMPROVEMENTS and appurtenances owned by it, situated in, under or attached to the CITY utility easement and shall restore such property to substantially the condition of the property prior to LICENSEE’ encroachment at LICENSEE sole expense. 10.Termination: This Agreement may be terminated in any of the following ways: a. Written agreement of both parties; b. By CITY upon failure of LICENSEE to perform its obligations as set forth in this Agreement; c. By the CITY abandoning any interest in the right-of-way easement. 11.Notice: When notice is permitted or required by this Agreement, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid in the United States mail, certified return receipt requested, and addressed to the parties at the address set forth opposite their signature. Either party may designate from time to time another and different address for receipt of notice by giving notice of such change or address. 12.Attorney’s fees: Any signatory to this Agreement, who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to this Agreement shall be entitled to recover court cost and reasonable attorney’s fees from the non-prevailing party. 13.Governing law: This Agreement is governed by the laws of the State of Texas; and venue for any action shall be in Dallas County, Texas. 14.Binding effect: This Agreement shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. 15.Entire Agreement: This Agreement embodies the entire agreement between the parties and supersedes all prior agreements, understandings, if any, relating to the property and the matters addressed herein and may be amended or supplemented only by written instrument executed by the party against whom enforcement is sought. 16.Recitals: The recitals to this Agreement are incorporated herein by reference. 17.Legal construction: The provisions of this Agreement are hereby declared covenants running with the property and are fully binding on all successors, heirs, and assigns of LICENSEE who acquire any right, title, or interest in or to the property or any part thereof. Any ____________________________________ License Agreement - Page 4 person who acquires any right, title, or interest in or to the property, or any part hereof, thereby agrees and covenants to abide by and fully perform the provisions of this agreement with respect to the right, title or interest in such property. EXECUTED this ______ day of _________________, 2003. CITY OF COPPELL, TEXAS By: JIM WITT, CITY MANAGER ATTEST: By: LIBBY BALL, CITY SECRETARY ACCEPTANCE ACKNOWLEDGED BY: LICENSEE: By: Haiyen Liao ____________________________________ License Agreement - Page 5 CITY’S ACKNOWLEDGMENT 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 municipality, on behalf of said municipality. ___________________________________ Notary Public, State of Texas My Commission Expires: _________________________ ____________________________________ License Agreement - Page 6 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of ___________, 2003, by Haiyen Liao. Notary Public, State of Texas My Commission expires: ____________________________________ License Agreement - Page 1 STATE OF TEXAS § § LICENSE AGREEMENT COUNTY OF DALLAS § THIS AGREEMENT is made by and between City of Coppell, Texas (hereinafter referred to as “CITY”) Sunil N. and Jyoti Patel (hereinafter collectively referred to as “LICENSEE”) acting by and through their authorized representatives. WITNESSETH: WHEREAS, LICENSEE own the real property improvements located at 932 Brentwood Drive and being more particularly described in Exhibit “A”, attached hereto and incorporated herein as set forth in full; and WHEREAS, LICENSEE desires to fence (hereinafter referred to as the “IMPROVEMENTS”) and utilize the ten-foot City right-of-way easement for Deforest Road dedicated with the final plat of Villages of Coppell Phase IIIB, Volume 92218, Page 3565, as shown on the attached plat marked Exhibit “B” and map marked Exhibit “C” and incorporated herein for all purposes; and WHEREAS, LICENSEE has requested the CITY allow the use and occupancy of the easement for LICENSEE IMPROVEMENTS; NOW THEREFORE, in consideration of the covenants contained herein and other valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1.Purpose: CITY hereby grants LICENSEE an irrevocable license, for the purpose of fencing and maintaining the City right-of-way easement (the “PERMITTED IMPROVEMENTS”) and being more particularly depicted on the plat marked Exhibit “B” and map marked Exhibit “C” attached hereto and incorporated herein for all purposes. With the exception of the fence, no permanent structures shall be allowed within the City right-of-way easement. 2.Term: The term of this License shall be perpetual, subject, however, to termination by the CITY as provided herein. 3.Non-exclusive: This License is nonexclusive and is subject to any existing utility, drainage or communications facilities located in, on, under or upon the easement or property owned by CITY, any utility or communication company, public or private, to all vested rights presently owned by any utility or communication company, public or private for the use of the CITY easement for facilities presently located within the boundaries of the easement and to any existing lease, license, or other interest in the easement granted by CITY to any individual, corporation or other entity, public or private. ____________________________________ License Agreement - Page 2 4.Environmental Protection: LICENSEE shall not use or permit the use of the property for any purpose that may be in violation of any laws pertaining to the health of the environment, including without limitation, the comprehensive environmental response, compensation and liability act of 1980 (“CERCLA”), the resource conservation and recovery act of 1976 (“RCRA”), the Texas Water Code and the Texas Solid Waste Disposal Act. LICENSEE warrant that the PERMITTED use of the property will not result in the disposal or other release of any hazardous substance or solid waste on or to the property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the property or adjoining property by LICENSEE. The terms “hazardous substance and waste” shall have the meaning specified in CERCLA and the term solid waste and disposal (or dispose) shall have the meaning specified in the RCRA; provided, however, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment; and provided further, at the extent that the laws of the State of Texas establish a meaning for hazardous substance, release, solid waste, or disposal which is broader then that specified in the CERCLA or RCRA, such broader meaning shall apply. LICENSEE shall indemnify and hold CITY harmless against all costs, environmental clean up to the property and surrounding CITY property resulting from LICENSEE’ use of the property under this License. 5.Mechanic’s liens not permitted: LICENSEE shall fully pay all labor and materials used in, on or about the property and will not permit or suffer any mechanic’s or material man’s liens of any nature be affixed against the property by reason of any work done or materials furnished to the property at LICENSEE’ instance or request. 6.Duration of License: This License shall terminate and be of no further force and effect in the event LICENSEE shall discontinue or abandon the use of the PERMITTED IMPROVEMENTS or in the event LICENSEE shall remove the PERMITTED IMPROVEMENTS from the property or upon termination by CITY whichever event first occurs; or, in the event that the City abandons the property depicted as an easement on Exhibit “B”, then this agreement shall be of no further effect. 7.Compliance with laws: LICENSEE agree to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the LICENSEE. 8.Indemnification: LICENSEE shall defend, protect and keep CITY forever harmless and indemnified against and from any penalty, or any damage, or charge, imposed for any violation of any law, ordinance, rule or regulation arising out of the use of the property by the LICENSEE, whether occasioned by the neglect of LICENSEE, its employees, officers, agents, contractors or assigns or those holding under LICENSEE. LICENSEE shall at all times defend, protect and indemnify and it is the intention of the parties hereto that LICENSEE hold CITY harmless against and from any and all loss, cost, damage, or expense, including attorney’s fee, arising out of or from any accident or other occurrence on or about the property causing personal injury, death or property damage resulting from use of property by LICENSEE, its agents, employees, customers and invitees, except when caused by the willful misconduct or negligence of CITY, its officers, employees or agents, and only then to the extent of the proportion of any fault ____________________________________ License Agreement - Page 3 determined against CITY for its willful misconduct or negligence. LICENSEE shall at all times defend, protect, indemnify and hold CITY harmless against and from any and all loss, cost, damage, or expense, including attorney’s fees arising out of or from any and all claims or causes of action resulting from any failure of LICENSEE, their officers, employees, agents, contractors or assigns in any respect to comply with and perform all the requirements and provisions hereof. 9.Action upon termination: At such time as this License may be terminated or canceled for any reason whatsoever, LICENSEE, upon request by CITY, shall remove all PERMITTED IMPROVEMENTS and appurtenances owned by it, situated in, under or attached to the CITY utility easement and shall restore such property to substantially the condition of the property prior to LICENSEE’ encroachment at LICENSEE sole expense. 10.Termination: This Agreement may be terminated in any of the following ways: a. Written agreement of both parties; b. By CITY upon failure of LICENSEE to perform its obligations as set forth in this Agreement; c. By the CITY abandoning any interest in the right-of-way easement. 11.Notice: When notice is permitted or required by this Agreement, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid in the United States mail, certified return receipt requested, and addressed to the parties at the address set forth opposite their signature. Either party may designate from time to time another and different address for receipt of notice by giving notice of such change or address. 12.Attorney’s fees: Any signatory to this Agreement, who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to this Agreement shall be entitled to recover court cost and reasonable attorney’s fees from the non-prevailing party. 13.Governing law: This Agreement is governed by the laws of the State of Texas; and venue for any action shall be in Dallas County, Texas. 14.Binding effect: This Agreement shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. 15.Entire Agreement: This Agreement embodies the entire agreement between the parties and supersedes all prior agreements, understandings, if any, relating to the property and the matters addressed herein and may be amended or supplemented only by written instrument executed by the party against whom enforcement is sought. 16.Recitals: The recitals to this Agreement are incorporated herein by reference. 17.Legal construction: The provisions of this Agreement are hereby declared covenants running with the property and are fully binding on all successors, heirs, and assigns of LICENSEE who acquire any right, title, or interest in or to the property or any part thereof. Any ____________________________________ License Agreement - Page 4 person who acquires any right, title, or interest in or to the property, or any part hereof, thereby agrees and covenants to abide by and fully perform the provisions of this agreement with respect to the right, title or interest in such property. EXECUTED this ______ day of _________________, 2003. CITY OF COPPELL, TEXAS By: JIM WITT, CITY MANAGER ATTEST: By: LIBBY BALL, CITY SECRETARY ACCEPTANCE ACKNOWLEDGED BY: LICENSEE: By: Sunil N. Patel By: ______________________________________ Jyoti Patel ____________________________________ License Agreement - Page 5 CITY’S ACKNOWLEDGMENT 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 municipality, on behalf of said municipality. ___________________________________ Notary Public, State of Texas My Commission Expires: _________________________ ____________________________________ License Agreement - Page 6 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of ___________, 2003, by Sunil N. Patel. Notary Public, State of Texas My Commission expires: STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of ___________, 2003, by Jyoti Patel. Notary Public, State of Texas My Commission expires: ____________________________________ License Agreement - Page 1 STATE OF TEXAS § § LICENSE AGREEMENT COUNTY OF DALLAS § THIS AGREEMENT is made by and between City of Coppell, Texas (hereinafter referred to as “CITY”) and Deborah June Harris (hereinafter collectively referred to as “LICENSEE”) acting by and through their authorized representatives. WITNESSETH: WHEREAS, LICENSEE own the real property improvements located at 936 Brentwood Drive and being more particularly described in Exhibit “A”, attached hereto and incorporated herein as set forth in full; and WHEREAS, LICENSEE desires to fence (hereinafter referred to as the “IMPROVEMENTS”) and utilize the ten-foot City right-of-way easement for Deforest Road dedicated with the final plat of Villages of Coppell Phase IIIB, Volume 92218, Page 3565, as shown on the attached plat marked Exhibit “B” and map marked Exhibit “C” and incorporated herein for all purposes; and WHEREAS, LICENSEE has requested the CITY allow the use and occupancy of the easement for LICENSEE IMPROVEMENTS; NOW THEREFORE, in consideration of the covenants contained herein and other valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1.Purpose: CITY hereby grants LICENSEE an irrevocable license, for the purpose of fencing and maintaining the City right-of-way easement (the “PERMITTED IMPROVEMENTS”) and being more particularly depicted on the plat marked Exhibit “B” and map marked Exhibit “C” attached hereto and incorporated herein for all purposes. With the exception of the fence, no permanent structures shall be allowed within the City right-of-way easement. 2.Term: The term of this License shall be perpetual, subject, however, to termination by the CITY as provided herein. 3.Non-exclusive: This License is nonexclusive and is subject to any existing utility, drainage or communications facilities located in, on, under or upon the easement or property owned by CITY, any utility or communication company, public or private, to all vested rights presently owned by any utility or communication company, public or private for the use of the CITY easement for facilities presently located within the boundaries of the easement and to any existing lease, license, or other interest in the easement granted by CITY to any individual, corporation or other entity, public or private. ____________________________________ License Agreement - Page 2 4.Environmental Protection: LICENSEE shall not use or permit the use of the property for any purpose that may be in violation of any laws pertaining to the health of the environment, including without limitation, the comprehensive environmental response, compensation and liability act of 1980 (“CERCLA”), the resource conservation and recovery act of 1976 (“RCRA”), the Texas Water Code and the Texas Solid Waste Disposal Act. LICENSEE warrant that the PERMITTED use of the property will not result in the disposal or other release of any hazardous substance or solid waste on or to the property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the property or adjoining property by LICENSEE. The terms “hazardous substance and waste” shall have the meaning specified in CERCLA and the term solid waste and disposal (or dispose) shall have the meaning specified in the RCRA; provided, however, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment; and provided further, at the extent that the laws of the State of Texas establish a meaning for hazardous substance, release, solid waste, or disposal which is broader then that specified in the CERCLA or RCRA, such broader meaning shall apply. LICENSEE shall indemnify and hold CITY harmless against all costs, environmental clean up to the property and surrounding CITY property resulting from LICENSEE’ use of the property under this License. 5.Mechanic’s liens not permitted: LICENSEE shall fully pay all labor and materials used in, on or about the property and will not permit or suffer any mechanic’s or material man’s liens of any nature be affixed against the property by reason of any work done or materials furnished to the property at LICENSEE’ instance or request. 6.Duration of License: This License shall terminate and be of no further force and effect in the event LICENSEE shall discontinue or abandon the use of the PERMITTED IMPROVEMENTS or in the event LICENSEE shall remove the PERMITTED IMPROVEMENTS from the property or upon termination by CITY whichever event first occurs; or, in the event that the City abandons the property depicted as an easement on Exhibit “B”, then this agreement shall be of no further effect. 7.Compliance with laws: LICENSEE agree to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the LICENSEE. 8.Indemnification: LICENSEE shall defend, protect and keep CITY forever harmless and indemnified against and from any penalty, or any damage, or charge, imposed for any violation of any law, ordinance, rule or regulation arising out of the use of the property by the LICENSEE, whether occasioned by the neglect of LICENSEE, its employees, officers, agents, contractors or assigns or those holding under LICENSEE. LICENSEE shall at all times defend, protect and indemnify and it is the intention of the parties hereto that LICENSEE hold CITY harmless against and from any and all loss, cost, damage, or expense, including attorney’s fee, arising out of or from any accident or other occurrence on or about the property causing personal injury, death or property damage resulting from use of property by LICENSEE, its agents, employees, customers and invitees, except when caused by the willful misconduct or negligence of CITY, its officers, employees or agents, and only then to the extent of the proportion of any fault ____________________________________ License Agreement - Page 3 determined against CITY for its willful misconduct or negligence. LICENSEE shall at all times defend, protect, indemnify and hold CITY harmless against and from any and all loss, cost, damage, or expense, including attorney’s fees arising out of or from any and all claims or causes of action resulting from any failure of LICENSEE, their officers, employees, agents, contractors or assigns in any respect to comply with and perform all the requirements and provisions hereof. 9.Action upon termination: At such time as this License may be terminated or canceled for any reason whatsoever, LICENSEE, upon request by CITY, shall remove all PERMITTED IMPROVEMENTS and appurtenances owned by it, situated in, under or attached to the CITY utility easement and shall restore such property to substantially the condition of the property prior to LICENSEE’ encroachment at LICENSEE sole expense. 10.Termination: This Agreement may be terminated in any of the following ways: a. Written agreement of both parties; b. By CITY upon failure of LICENSEE to perform its obligations as set forth in this Agreement; c. By the CITY abandoning any interest in the right-of-way easement. 11.Notice: When notice is permitted or required by this Agreement, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid in the United States mail, certified return receipt requested, and addressed to the parties at the address set forth opposite their signature. Either party may designate from time to time another and different address for receipt of notice by giving notice of such change or address. 12.Attorney’s fees: Any signatory to this Agreement, who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to this Agreement shall be entitled to recover court cost and reasonable attorney’s fees from the non-prevailing party. 13.Governing law: This Agreement is governed by the laws of the State of Texas; and venue for any action shall be in Dallas County, Texas. 14.Binding effect: This Agreement shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. 15.Entire Agreement: This Agreement embodies the entire agreement between the parties and supersedes all prior agreements, understandings, if any, relating to the property and the matters addressed herein and may be amended or supplemented only by written instrument executed by the party against whom enforcement is sought. 16.Recitals: The recitals to this Agreement are incorporated herein by reference. 17.Legal construction: The provisions of this Agreement are hereby declared covenants running with the property and are fully binding on all successors, heirs, and assigns of LICENSEE who acquire any right, title, or interest in or to the property or any part thereof. Any ____________________________________ License Agreement - Page 4 person who acquires any right, title, or interest in or to the property, or any part hereof, thereby agrees and covenants to abide by and fully perform the provisions of this agreement with respect to the right, title or interest in such property. EXECUTED this ______ day of _________________, 2003. CITY OF COPPELL, TEXAS By: JIM WITT, CITY MANAGER ATTEST: By: LIBBY BALL, CITY SECRETARY ACCEPTANCE ACKNOWLEDGED BY: LICENSEE: By: Deborah June Harris ____________________________________ License Agreement - Page 5 CITY’S ACKNOWLEDGMENT 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 municipality, on behalf of said municipality. ___________________________________ Notary Public, State of Texas My Commission Expires: _________________________ ____________________________________ License Agreement - Page 6 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of ___________, 2003, by Deborah June Harris. Notary Public, State of Texas My Commission expires: ____________________________________ License Agreement - Page 1 STATE OF TEXAS § § LICENSE AGREEMENT COUNTY OF DALLAS § THIS AGREEMENT is made by and between City of Coppell, Texas (hereinafter referred to as “CITY”) and Michelle Maccaroni (hereinafter collectively referred to as “LICENSEE”) acting by and through their authorized representatives. WITNESSETH: WHEREAS, LICENSEE own the real property improvements located at 940 Brentwood Drive and being more particularly described in Exhibit “A”, attached hereto and incorporated herein as set forth in full; and WHEREAS, LICENSEE desires to fence (hereinafter referred to as the “IMPROVEMENTS”) and utilize the ten-foot City right-of-way easement for Deforest Road dedicated with the final plat of Villages of Coppell Phase IIIB, Volume 92218, Page 3565, as shown on the attached plat marked Exhibit “B” and map marked Exhibit “C” and incorporated herein for all purposes; and WHEREAS, LICENSEE has requested the CITY allow the use and occupancy of the easement for LICENSEE IMPROVEMENTS; NOW THEREFORE, in consideration of the covenants contained herein and other valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1.Purpose: CITY hereby grants LICENSEE an irrevocable license, for the purpose of fencing and maintaining the City right-of-way easement (the “PERMITTED IMPROVEMENTS”) and being more particularly depicted on the plat marked Exhibit “B” and map marked Exhibit “C” attached hereto and incorporated herein for all purposes. With the exception of the fence, no permanent structures shall be allowed within the City right-of-way easement. 2.Term: The term of this License shall be perpetual, subject, however, to termination by the CITY as provided herein. 3.Non-exclusive: This License is nonexclusive and is subject to any existing utility, drainage or communications facilities located in, on, under or upon the easement or property owned by CITY, any utility or communication company, public or private, to all vested rights presently owned by any utility or communication company, public or private for the use of the CITY easement for facilities presently located within the boundaries of the easement and to any existing lease, license, or other interest in the easement granted by CITY to any individual, corporation or other entity, public or private. ____________________________________ License Agreement - Page 2 4.Environmental Protection: LICENSEE shall not use or permit the use of the property for any purpose that may be in violation of any laws pertaining to the health of the environment, including without limitation, the comprehensive environmental response, compensation and liability act of 1980 (“CERCLA”), the resource conservation and recovery act of 1976 (“RCRA”), the Texas Water Code and the Texas Solid Waste Disposal Act. LICENSEE warrant that the PERMITTED use of the property will not result in the disposal or other release of any hazardous substance or solid waste on or to the property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the property or adjoining property by LICENSEE. The terms “hazardous substance and waste” shall have the meaning specified in CERCLA and the term solid waste and disposal (or dispose) shall have the meaning specified in the RCRA; provided, however, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment; and provided further, at the extent that the laws of the State of Texas establish a meaning for hazardous substance, release, solid waste, or disposal which is broader then that specified in the CERCLA or RCRA, such broader meaning shall apply. LICENSEE shall indemnify and hold CITY harmless against all costs, environmental clean up to the property and surrounding CITY property resulting from LICENSEE’ use of the property under this License. 5.Mechanic’s liens not permitted: LICENSEE shall fully pay all labor and materials used in, on or about the property and will not permit or suffer any mechanic’s or material man’s liens of any nature be affixed against the property by reason of any work done or materials furnished to the property at LICENSEE’ instance or request. 6.Duration of License: This License shall terminate and be of no further force and effect in the event LICENSEE shall discontinue or abandon the use of the PERMITTED IMPROVEMENTS or in the event LICENSEE shall remove the PERMITTED IMPROVEMENTS from the property or upon termination by CITY whichever event first occurs; or, in the event that the City abandons the property depicted as an easement on Exhibit “B”, then this agreement shall be of no further effect. 7.Compliance with laws: LICENSEE agree to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the LICENSEE. 8.Indemnification: LICENSEE shall defend, protect and keep CITY forever harmless and indemnified against and from any penalty, or any damage, or charge, imposed for any violation of any law, ordinance, rule or regulation arising out of the use of the property by the LICENSEE, whether occasioned by the neglect of LICENSEE, its employees, officers, agents, contractors or assigns or those holding under LICENSEE. LICENSEE shall at all times defend, protect and indemnify and it is the intention of the parties hereto that LICENSEE hold CITY harmless against and from any and all loss, cost, damage, or expense, including attorney’s fee, arising out of or from any accident or other occurrence on or about the property causing personal injury, death or property damage resulting from use of property by LICENSEE, its agents, employees, customers and invitees, except when caused by the willful misconduct or negligence of CITY, its officers, employees or agents, and only then to the extent of the proportion of any fault ____________________________________ License Agreement - Page 3 determined against CITY for its willful misconduct or negligence. LICENSEE shall at all times defend, protect, indemnify and hold CITY harmless against and from any and all loss, cost, damage, or expense, including attorney’s fees arising out of or from any and all claims or causes of action resulting from any failure of LICENSEE, their officers, employees, agents, contractors or assigns in any respect to comply with and perform all the requirements and provisions hereof. 9.Action upon termination: At such time as this License may be terminated or canceled for any reason whatsoever, LICENSEE, upon request by CITY, shall remove all PERMITTED IMPROVEMENTS and appurtenances owned by it, situated in, under or attached to the CITY utility easement and shall restore such property to substantially the condition of the property prior to LICENSEE’ encroachment at LICENSEE sole expense. 10.Termination: This Agreement may be terminated in any of the following ways: a. Written agreement of both parties; b. By CITY upon failure of LICENSEE to perform its obligations as set forth in this Agreement; c. By the CITY abandoning any interest in the right-of-way easement. 11.Notice: When notice is permitted or required by this Agreement, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid in the United States mail, certified return receipt requested, and addressed to the parties at the address set forth opposite their signature. Either party may designate from time to time another and different address for receipt of notice by giving notice of such change or address. 12.Attorney’s fees: Any signatory to this Agreement, who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to this Agreement shall be entitled to recover court cost and reasonable attorney’s fees from the non-prevailing party. 13.Governing law: This Agreement is governed by the laws of the State of Texas; and venue for any action shall be in Dallas County, Texas. 14.Binding effect: This Agreement shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. 15.Entire Agreement: This Agreement embodies the entire agreement between the parties and supersedes all prior agreements, understandings, if any, relating to the property and the matters addressed herein and may be amended or supplemented only by written instrument executed by the party against whom enforcement is sought. 16.Recitals: The recitals to this Agreement are incorporated herein by reference. 17.Legal construction: The provisions of this Agreement are hereby declared covenants running with the property and are fully binding on all successors, heirs, and assigns of LICENSEE who acquire any right, title, or interest in or to the property or any part thereof. Any ____________________________________ License Agreement - Page 4 person who acquires any right, title, or interest in or to the property, or any part hereof, thereby agrees and covenants to abide by and fully perform the provisions of this agreement with respect to the right, title or interest in such property. EXECUTED this ______ day of _________________, 2003. CITY OF COPPELL, TEXAS By: JIM WITT, CITY MANAGER ATTEST: By: LIBBY BALL, CITY SECRETARY ACCEPTANCE ACKNOWLEDGED BY: LICENSEE: By: Michelle Maccaroni ____________________________________ License Agreement - Page 5 CITY’S ACKNOWLEDGMENT 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 municipality, on behalf of said municipality. ___________________________________ Notary Public, State of Texas My Commission Expires: _________________________ ____________________________________ License Agreement - Page 6 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of ___________, 2003, by Michelle Maccaroni. Notary Public, State of Texas My Commission expires: ____________________________________ License Agreement - Page 1 STATE OF TEXAS § § LICENSE AGREEMENT COUNTY OF DALLAS § THIS AGREEMENT is made by and between City of Coppell, Texas (hereinafter referred to as “CITY”) and Russell A. and Leigh A. Campbell (hereinafter collectively referred to as “LICENSEE”) acting by and through their authorized representatives. WITNESSETH: WHEREAS, LICENSEE own the real property improvements located at 944 Brentwood Drive and being more particularly described in Exhibit “A”, attached hereto and incorporated herein as set forth in full; and WHEREAS, LICENSEE desires to fence (hereinafter referred to as the “IMPROVEMENTS”) and utilize the ten-foot City right-of-way easement for Deforest Road dedicated with the final plat of Villages of Coppell Phase IIIB, Volume 92218, Page 3565, as shown on the attached plat marked Exhibit “B” and map marked Exhibit “C” and incorporated herein for all purposes; and WHEREAS, LICENSEE has requested the CITY allow the use and occupancy of the easement for LICENSEE IMPROVEMENTS; NOW THEREFORE, in consideration of the covenants contained herein and other valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1.Purpose: CITY hereby grants LICENSEE an irrevocable license, for the purpose of fencing and maintaining the City right-of-way easement (the “PERMITTED IMPROVEMENTS”) and being more particularly depicted on the plat marked Exhibit “B” and map marked Exhibit “C” attached hereto and incorporated herein for all purposes. With the exception of the fence, no permanent structures shall be allowed within the City right-of-way easement. 2.Term: The term of this License shall be perpetual, subject, however, to termination by the CITY as provided herein. 3.Non-exclusive: This License is nonexclusive and is subject to any existing utility, drainage or communications facilities located in, on, under or upon the easement or property owned by CITY, any utility or communication company, public or private, to all vested rights presently owned by any utility or communication company, public or private for the use of the CITY easement for facilities presently located within the boundaries of the easement and to any existing lease, license, or other interest in the easement granted by CITY to any individual, corporation or other entity, public or private. ____________________________________ License Agreement - Page 2 4.Environmental Protection: LICENSEE shall not use or permit the use of the property for any purpose that may be in violation of any laws pertaining to the health of the environment, including without limitation, the comprehensive environmental response, compensation and liability act of 1980 (“CERCLA”), the resource conservation and recovery act of 1976 (“RCRA”), the Texas Water Code and the Texas Solid Waste Disposal Act. LICENSEE warrant that the PERMITTED use of the property will not result in the disposal or other release of any hazardous substance or solid waste on or to the property, and that it will take all steps necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the property or adjoining property by LICENSEE. The terms “hazardous substance and waste” shall have the meaning specified in CERCLA and the term solid waste and disposal (or dispose) shall have the meaning specified in the RCRA; provided, however, that in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent to the effective date of such amendment; and provided further, at the extent that the laws of the State of Texas establish a meaning for hazardous substance, release, solid waste, or disposal which is broader then that specified in the CERCLA or RCRA, such broader meaning shall apply. LICENSEE shall indemnify and hold CITY harmless against all costs, environmental clean up to the property and surrounding CITY property resulting from LICENSEE’ use of the property under this License. 5.Mechanic’s liens not permitted: LICENSEE shall fully pay all labor and materials used in, on or about the property and will not permit or suffer any mechanic’s or material man’s liens of any nature be affixed against the property by reason of any work done or materials furnished to the property at LICENSEE’ instance or request. 6.Duration of License: This License shall terminate and be of no further force and effect in the event LICENSEE shall discontinue or abandon the use of the PERMITTED IMPROVEMENTS or in the event LICENSEE shall remove the PERMITTED IMPROVEMENTS from the property or upon termination by CITY whichever event first occurs; or, in the event that the City abandons the property depicted as an easement on Exhibit “B”, then this agreement shall be of no further effect. 7.Compliance with laws: LICENSEE agree to abide by and be governed by all laws, ordinances and regulations of any and all governmental entities having jurisdiction over the LICENSEE. 8.Indemnification: LICENSEE shall defend, protect and keep CITY forever harmless and indemnified against and from any penalty, or any damage, or charge, imposed for any violation of any law, ordinance, rule or regulation arising out of the use of the property by the LICENSEE, whether occasioned by the neglect of LICENSEE, its employees, officers, agents, contractors or assigns or those holding under LICENSEE. LICENSEE shall at all times defend, protect and indemnify and it is the intention of the parties hereto that LICENSEE hold CITY harmless against and from any and all loss, cost, damage, or expense, including attorney’s fee, arising out of or from any accident or other occurrence on or about the property causing personal injury, death or property damage resulting from use of property by LICENSEE, its agents, employees, customers and invitees, except when caused by the willful misconduct or negligence of CITY, its officers, employees or agents, and only then to the extent of the proportion of any fault ____________________________________ License Agreement - Page 3 determined against CITY for its willful misconduct or negligence. LICENSEE shall at all times defend, protect, indemnify and hold CITY harmless against and from any and all loss, cost, damage, or expense, including attorney’s fees arising out of or from any and all claims or causes of action resulting from any failure of LICENSEE, their officers, employees, agents, contractors or assigns in any respect to comply with and perform all the requirements and provisions hereof. 9.Action upon termination: At such time as this License may be terminated or canceled for any reason whatsoever, LICENSEE, upon request by CITY, shall remove all PERMITTED IMPROVEMENTS and appurtenances owned by it, situated in, under or attached to the CITY utility easement and shall restore such property to substantially the condition of the property prior to LICENSEE’ encroachment at LICENSEE sole expense. 10.Termination: This Agreement may be terminated in any of the following ways: a. Written agreement of both parties; b. By CITY upon failure of LICENSEE to perform its obligations as set forth in this Agreement; c. By the CITY abandoning any interest in the right-of-way easement. 11.Notice: When notice is permitted or required by this Agreement, it shall be in writing and shall be deemed delivered when delivered in person or when placed, postage prepaid in the United States mail, certified return receipt requested, and addressed to the parties at the address set forth opposite their signature. Either party may designate from time to time another and different address for receipt of notice by giving notice of such change or address. 12.Attorney’s fees: Any signatory to this Agreement, who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to this Agreement shall be entitled to recover court cost and reasonable attorney’s fees from the non-prevailing party. 13.Governing law: This Agreement is governed by the laws of the State of Texas; and venue for any action shall be in Dallas County, Texas. 14.Binding effect: This Agreement shall be binding upon and inure to the benefit of the executing parties and their respective heirs, personal representatives, successors and assigns. 15.Entire Agreement: This Agreement embodies the entire agreement between the parties and supersedes all prior agreements, understandings, if any, relating to the property and the matters addressed herein and may be amended or supplemented only by written instrument executed by the party against whom enforcement is sought. 16.Recitals: The recitals to this Agreement are incorporated herein by reference. 17.Legal construction: The provisions of this Agreement are hereby declared covenants running with the property and are fully binding on all successors, heirs, and assigns of LICENSEE who acquire any right, title, or interest in or to the property or any part thereof. Any ____________________________________ License Agreement - Page 4 person who acquires any right, title, or interest in or to the property, or any part hereof, thereby agrees and covenants to abide by and fully perform the provisions of this agreement with respect to the right, title or interest in such property. EXECUTED this ______ day of _________________, 2003. CITY OF COPPELL, TEXAS By: JIM WITT, CITY MANAGER ATTEST: By: LIBBY BALL, CITY SECRETARY ACCEPTANCE ACKNOWLEDGED BY: LICENSEE: By: Russell A. Campbell By: ______________________________________ Leigh A. Campbell ____________________________________ License Agreement - Page 5 CITY’S ACKNOWLEDGMENT 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 municipality, on behalf of said municipality. ___________________________________ Notary Public, State of Texas My Commission Expires: _________________________ ____________________________________ License Agreement - Page 6 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of ___________, 2003, by Russell A. Campbell. Notary Public, State of Texas My Commission expires: STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of ___________, 2003, by Leigh A. Campbell. Notary Public, State of Texas My Commission expires: DEPT: Engineering/Public Works DATE: July 22, 2003 ITEM #: 7/E AGENDA REQUEST FORM ITEM CAPTION: Consider approval of awarding Bid #Q-0602-02 for the purchase of water meters in the following manner: D&W Utility Supply – series #0100- 5/8” x ¾” and 1”, series #0300- 3”, 4”, 6” & 8”; Badger Meter, Inc. – series #0100- 1½” & 2”; Hersey Meters - series #0400- 4”, 6” & 8”; and Atlas Utility Supply Company – series #0500 in a combined total not to exceed $159,366.40, as budgeted. GOAL(S): EXECUTIVE SUMMARY: Award of this bid will allow for our yearly replacement and for new commercial meters throughout the city. Staff will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Funds for this contract are budgeted in the Water Utilities account (02-03-17- 5230.) DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: #Watermeters-1AR Bid # Q-0602-02Water MetersBid TabulationJune 24, 2003D & W Utility SupplyAtlas Utility Supply CompanyBadger Meter, Inc.Hersey Meters Master MeterMetro Valve and PipeInvensys Metering System Estimated Unit Unit Unit Unit Unit Unit Unit Item # Item description Quantity Price Price Price Price Price Price Price#0100 5/8" x 3/4" 500.00$19.98No Bid $30.40 $23.59 $24.40 No Bid $36.72#0100 5/8" x 3/4” Multi Jet Only 50.00$19.98No Bid No Bid No Bid $24.40 No Bid $30.75#0100 1" 30.00$58.86No Bid $69.90 $59.29 $61.00 No Bid $79.50#0100 1" Multi Jet Only 10.00$58.86No Bid No Bid No Bid $61.00 No Bid $70.53#0100 1 ½" 30.00 $151.68 No Bid$132.00$190.00 $135.00 No Bid $162.67#0100 2" 50.00 $216.00 No Bid$179.50$255.00 $181.00 No Bid $250.04#0300 3" 4.00$972.00No Bid $1,048.37 $1,030.00 $1,171.18 No Bid $1,366.16#0300 4" 1.00$1,296.00No Bid $1,457.80 $1,463.00 $1,521.25 No Bid $2,220.32#0300 6" 1.00$1,944.00No Bid $2,692.00 $2,979.00 $2,765.00 No Bid $3,893.66#0300 8" 1.00$3,980.00No Bid $4,219.00 $5,199.00 No Bid No Bid $6,198.97#0400 4" 2.00 No Bid No Bid $3,400.00$3,375.00No Bid No Bid $4,906.12#0400 6" 4.00 No Bid No Bid $5,000.00$4,975.00No Bid No Bid $5,636.47#0400 8" 4.00 No Bid No Bid $6,285.00$6,100.00No Bid No Bid $7,701.31#0500 4" 2.00 $864.00$775.00No Bid No Bid No Bid $920.00 No Bid#0500 6" 10.00 $1,166.40$1,095.00No Bid No Bid No Bid $1,242.00 No Bid#0500 8" 25.00 $2,030.40$1,890.00No Bid No Bid No Bid $2,162.00 No Bid#0500 10" 4.00 $2,921.40$2,795.00No Bid No Bid No Bid $3,110.75 No Bid DEPT: Finance DATE: July 22, 2003 ITEM #: 8 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No. 2002-1007, the budget for Fiscal Year October 1, 2002 through September 30, 2003, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: This amendment is being brought forward to reflect changes that have occurred during the first nine months of the fiscal year. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: $budamend MEMORANDUM Date:July 22, 2003 To:Mayor and Council From:Jennifer Armstrong, Director of Finance Via:Clay Phillips, Deputy City Manager Subject:Budget Amendment - Fiscal Year 2002-03 This budget amendment is being brought forward to reflect changes that have occurred during the first nine months of the fiscal year. General Fund The General Fund Revenues are being increased by $3,996,554. There are primarily four revenue streams that account for this increase. The largest portion is associated with the issuance of bonds ($1,700,000) and the sale of the Old Service Center on Deforest Road ($1,390,000). Lease proceeds are being increased by $302,542 to account for the new phone system lease. The remaining increase is to sales tax. Original budget estimates were for flat sales tax growth. The City has experienced year to date growth of 9.2%. This budget estimate is for a total of 7.2% for the entire year. Expenditures for the General Fund are increasing $3,568,984. A large majority of this increase is in Combined Services to account for the land purchase ($2,984,243). A like amount ($302,542) is being added to Information Systems for proper lease accounting. The remaining increase is in the Fire Department salaries ($282,200). This is due to overtime and temporary assignment when individuals are out on leave (Workers’ Compensation and FMLA). Water/Sewer Fund Water and Sewer revenues are being decreased by $346,024. This is associated with the sewer sales not being at projected levels. Water/Sewer Fund expenses are being decreased by $195,000 for the cost of treated sewer services. Police Special Revenue Fund Revenues are being amended to reflect grant funds that have been received. The expenditures are those associated with the grant. Park Special Revenue Fund Park Special Revenue income is being lowered by $4,500 to reflect the lower than anticipated interest earnings. 2 Tree Preservation Fund Tree preservation revenue is being increased to reflect actual and expected revenues. Debt Service Fund Revenues are being amended to reflect delinquent and rollback tax collections that have exceeded the budget. Infrastructure Maintenance Fund The expenditures are being amended for the erosion control repairs along Denton Creek that were approved by Council on June 24, 2003. Self Insurance Fund The Self Insurance Fund revenues and expenses are being amended to reflect anticipated actuals. Donations – Special Revenue Revenues and expenditures are being amended to reflect the receipt of grant funds and the corresponding expenditure in the Library Recreational Programs Fund The Recreational Funds revenues are being amended to reflect actual collections. C.E.D.C. Special Revenue The C.E.D.C. Fund revenues are being increased for the additional sales tax expected. Municipal Court Special Revenue Municipal Court Special Revenue Fund is experiencing a decline in the Court Fine revenue. C.R.D.C. Special Revenue The revenues are being amended for additional sales tax expected. Expenditures are being amended to reflect the contract for design in association with Wagon Wheel Practice Facilities approved by Council on April 22, 2003. Municipal Court Technology Fund The revenues are experiencing a decline in Court Fine revenue. The expenditures are associated with computer purchases in the Municipal Court. BUDAMND.ORD AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY FOR THE FISCAL YEAR OCTOBER 1, 2002 THROUGH SEPTEMBER 30, 2003; PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR SHALL BE MADE IN ACCORDANCE WITH SAID BUDGET; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Budget Officer of the City of Coppell, Texas, did on the 5th day of August, 2002, file with the City Secretary, a proposed general budget for the City covering the fiscal year aforesaid, and WHEREAS, the City Council of the City of Coppell approved said budget on the 10th day of September, 2002, and WHEREAS, the governing body of the City has this date considered an amendment to said budget; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Section No. 2 of Ordinance No. 2002-1007, for the 2002-03 Fiscal Year Budget, is hereby amended as follows: General Fund Current Budget Amending Budget Change Revenues $28,502,608 $32,499,162 $3,996,554 Expenditures Combined Services $1,908,765 $4,893,008 $2,984,243 Fire 5,374,647 5,656,847 282,200 Information Systems 1,457,317 1,758,858 302,541 Total Expenditure Increase $3,568,984 Less Designated for Encumbrances 0 Net Increase in Projected Undesignated Fund Balance $ 427,570 BUDAMND.ORD Water/Sewer Fund Current Budget Amending Budget Change Revenues $4,546,024 $4,200,000 ($346,024) Expenses Direct Cost Sewer Treated $1,657,435 $1,462,435 ($195,000) Net Decrease in Projected Retained Earnings $151,024 Police Spec. Rev. Fund Current Budget Amending Budget Change Revenues $11,336 $29,753 $18,417 Expenditures 39,285 60,311 21,026 Net Decrease in Projected Fund Balance $ 2,609 Parks Spec. Rev. Fund Current Budget Amending Budget Change Revenues $5,000 $500 ($4,500) Net Decrease in Projected Fund Balance $4,500 Tree Preservation Fund Current Budget Amending Budget Change Revenues $4,500 $5,500 $1,000 Net Increase in Projected Fund Balance $1,000 Debt Service Fund Current Budget Amending Budget Change Revenues $7,791,245 $7,800,059 $8,814 Net Increase in Projected Fund Balance $8,814 Infrastructure Maint. Fund Current Budget Amending Budget Change Expenditures $1,523,800 $1,737,800 $214,000 Net Decrease in Projected Fund Balance $214,000 Self Insurance Fund Current Budget Amending Budget Change Revenues $1,601,300 $1,761,800 $160,500 Expenses 1,500,000 1,647,500 147,500 Net Increase in Projected Retained Earnings $ 13,000 BUDAMND.ORD Donations-Special Revenue Current Budget Amending Budget Change Revenues $51,213 $98,922 $47,709 Expenditures 92,820 102,820 10,000 Net Increase in Projected Fund Balance $37,709 Rec. Programs Fund Current Budget Amending Budget Change Revenues $242,000 $302,310 $60,310 Net Increase in Projected Fund Balance $60,310 C.E.D.C. Spec. Revenue Current Budget Amending Budget Change Revenues $1,760,000 $1,950,000 $190,000 Net Increase in Projected Fund Balance $190,000 Municipal Ct. Spec. Rev. Current Budget Amending Budget Change Revenues $41,000 $26,500 ($14,500) Net Decrease in Projected Fund Balance $14,500 C.R.D.C. Spec. Revenue Current Budget Amending Budget Change Revenues $979,785 $1,169,785 $190,000 Expenditures 864,630 1,035,130 170,500 Net Increase in Projected Fund Balance $ 19,500 Municipal Ct. Tech. Fund Current Budget Amending Budget Change Revenues $46,500 $39,200 ($7,300) Expenditures 2,500 7,000 4,500 Net Decrease in Projected Fund Balance $11,800 SECTION 2. EFFECTIVE DATE. That this ordinance shall become effective immediately from and after its passage as the law and charter in such cases provide. BUDAMND.ORD DULY PASSED and adopted by the City Council of the City of Coppell, Texas, on the _____ day of July, 2003. APPROVED: ______________________________ DOUGLAS N. STOVER, MAYOR ATTEST: ____________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _____________________________________ ROBERT E. HAGER, CITY ATTORNEY DEPT: Engineering/Public Works DATE: July 22, 2003 ITEM #: 9 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of extending Bid/Contract #Q 0402-01 for the Reinforced Concrete Pavement Repair program to Pavement Services Corporation in an amount not to exceed $400,000, as provided for in the Infrastructure Maintenance Fund; and authorizing the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: Extending the contract with Pavement Services Corporation will allow the concrete repair program to continue for another year. Because Pavement Services Corporation was responsive and performed an excellent job for the City of Coppell in 2001/2002, my recommendation is for City Council to extend Bid #Q-0402-01 in an amount not to exceed $400,000 for the FY 2002/03 Reinforced Concrete Pavement Repair program. Staff will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Funds for this contract are part of the Infrastructure Maintenance Fund (11-03-14- 3210.) DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: #StreetRepairProj-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: July 22, 2003 RE: Consider approval of extending Bid/Contract #Q 0402-01 for the Reinforced Concrete Pavement Repair program to Pavement Services Corporation in an amount not to exceed $400,000, as provided for in the Infrastructure Maintenance Fund; and authorizing the City Manager to sign. On May 28, 2002 Pavement Services Corporation was awarded the contract for the Reinforced Concrete Pavement Repair program for FY 2001/02. The contract with Pavement Services Corporation included provisions for the City to extend the contract for a one-year period. Because Pavement Services Corporation was responsive and performed an excellent job for the City of Coppell in 2001/2002, and because they have requested no price increase for this year, my recommendation is for City Council to extend Bid #Q-0402-01 in an amount not to exceed $400,000 for the FY 2002/03 Reinforced Concrete Pavement Repair program. This extension will allow the contractor to repair over 6,000 square yards of concrete at various locations throughout the City. Staff will be available to answer any questions at the Council meeting. DEPT: Finance DATE: July 22, 2003 ITEM #: 10 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance denying TXU Gas Company’s request to change rates, providing for notice hereof to said company, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Staff, along with our gas rate consultants and legal counsel, recommend denial of TXU Gas Company’s request to increase rates. During the next 300 days, the City of Coppell and 122 other cities will be negotiating a settlement with TXU Gas. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: $TXUGas-1AR 1668\09\9400\mmo030703gmg 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 CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION MEMORANDUM TO: 123 Cities Allied In Opposition To TXU Gas FROM: Geoffrey M. Gay on behalf of your Steering Committee DATE: July 3, 2003 RE: Status Of Case; Need To Adopt Ordinance Denying Rate Relief To TXU Gas Last Friday, June 27, 2003, was the effective date of the new gas rates proposed by TXU in its statewide rate filing. Your city suspended the effective date, authorized the joining of a coalition of cities working under the direction of a Steering Committee1 and authorized the filing of an intervention in the proceeding on TXU’s rate application pending at the Railroad Commission (RRC), GUD No. 9400. For ease of identification in GUD No. 9400, the 123 cities that passed the suspension resolution recommended by the Steering Committee and joined the coalition chaired by Jay Doegey, City Attorney of Arlington, are being referred to as Allied Coalition of Cities (ACC). Attached please find a current listing of all cities that have authorized participation in the ratemaking process. Pleadings are on file at the RRC to intervene each of the 123 cities as part of ACC. There are 1.4 million customers on the TXU Gas system. Residents of ACC members total approximately 870,000 or approximately 63% of all TXU gas customers. If the City of Dallas (with about 234,433 customers) decides to join ACC, your coalition will be speaking on behalf of nearly 80% of all customers and reflecting more than 80% of total sales volumes. 1 Your Steering Committee members are: Jay Doegey, Arlington; Chester Nolen, Cleburne; Nick Fehrenbach, Don Knight and Amy Bock, Dallas; Tom Akins, Denison; Margaret Somereve and John Boyle, Farmers Branch; Van James and Steve Williams, Flower Mound; Danny Reed, Fort Worth; Cathy Cunningham, Irving; Diane Wetherbee and John Gilliam, Plano; John Gayle and Carolyn House, Snyder; Dale Cheatham, The Colony, Art Pertile, Waco; and Bok Sokoll and Janet Adkins, Waxahachie. 1668\09\9400\mmo030703gmg There is another group of cities, referred to as Association of TXU Municipalities (ATM), represented by Jim Boyle and Monte Akers, involved in the RRC proceeding. ATM has 46 members, mostly small cities. The number of residents of ATM cities is about 9% of total customers and they consume about 6% of the gas sold on the system. During the period of time that cities were considering whether to deny or suspend TXU’s application, my office negotiated concessions from TXU regarding development of a procedural schedule for RRC proceedings. As this statewide case is the first of its kind with many controversial and difficult issues, it is unlikely that Cities’ case could be thoroughly developed within the traditional 185 day time frame. We successfully negotiated an agreement from the Company to extend the Commission jurisdiction from 185 days to 300 days; in return, ACC agreed that the Cities would expedite the process of getting RRC jurisdiction over city action by expediting denials that could be appealed. Having worked out that agreement with TXU, it is now appropriate for the members of the coalition that I represent to pass ordinances denying the Company’s application. I have revised the denial ordinance TXU previously asked you to pass. It is attached to this memo and should be placed before your council at the earliest convenient time. I had several Steering Committee members ask that I include findings of fact to justify denial. The Steering Committee then directed that such findings be included with this package. I have included a list of proposed findings which are also reflected in the ordinance. I have carefully structured the findings to address generic issues so that we can avoid premature release of issues being pursued by your consultants. Your consultants were selected to tap the strengths of several different firms. A three- phased approach is being used to develop your positions. Phase 1 was used to evaluate issues and potential consultants. Phase 2 is the discovery and development phase that we are in currently. A six-hour meeting was held in my office on July 1st with the various consultants to share ideas and issues. Phase 2 will continue through the end of August. Phase 3 will focus on development of testimony and re-evaluation of preliminary decisions as to who should testify. Your consultants and witnesses consist of several members from R.J. Covington Consulting, Steve Hill (on rate of return), Steve Andersen (on class cost allocation and rate design), Connie Cannady and 4MP, consisting of former TXU employees. The first prehearing conference at the RRC in GUD No. 9400 will occur on Monday, July 14, 2003. 1668\09\9400\mmo030703gmg GUD NO. 9400 PARTICIPATING CITIES IN THE ALLIED COALITION OF CITIES Abilene Addison Allen Alvarado Angus Argyle Arlington Athens Bedford Bellmead Bells Benbrook Blossom Blue Ridge Bowie Brownwood Bryan Burkburnett Burleson Caddo Mills Carrollton Celina Cleburne Clyde College Station Colleyville Comanche Coppell Corinth Corral City Crandall Crowley Dalw. Gardens Denison DeSoto Duncanville Early Eastland Edgecliff Village Ennis Euless Everman Fairview Farmers Branch Farmersville Fate Flower Mound Forest Hill Fort Worth Frisco Gainesville Grand Prairie Grapevine Haltom City Harker Heights Haskell Haslet Henrietta Highland Park Highland Village Honey Grove Howe Hurst Irving Justin Kaufman Kennedale Kerrville Killeen Lancaster Lewisville Lincoln Park Little Elm Malakoff Mansfield McKinney Megargel Mesquite Midlothian Murphy Nocona Northlake N. Richland Hills Ovilla Palestine Parker Paris Pecan Hill Petrolia Plano Ponder Pottsboro Putnam Red Oak Richardson Richland Hills Robinson Rockwall Rowlett Sachse Saginaw San Angelo Seagoville Sherman Snyder Southlake Stamford Stephenville Sulphur Springs Sweetwater The Colony Throckmorton Trophy Club University Park Vernon Waco Watauga Waxahachie Westworth Vilge. White Settlement Wichita Falls Woodway Wylie PROPOSED FINDINGS SUPPORTING DENIAL OF TXU’S REQUEST TO INCREASE RATES FOR NATURAL GAS 1.TXU’s requested return on equity is unreasonable. By far, the largest cost component of the Company’s request for a rate increase is associated with rate of return on equity. At a time when interest rates are at the lowest point in decades and investors’ expectations for return on investment are the lowest in many years, TXU proposes to increase its return dollars from gas operations by $60,255,075 (86.7 percent of the total rate increase). Such request is irrational in light of national economic conditions and outrageous in light of the fact that TXU Corporation recently wrote off more than $4 billion in shareholder equity related to poor or imprudent management of European Operations. Any increase in current return dollars is unjustified. 2.The basis for proposed consolidation has not been established. The Company’s filing fails to prove that it is reasonable and necessary to incorporate the pipeline cost of service into the distribution cost of service and to consolidate various regional distribution systems into a single statewide system. 3.The City’s jurisdiction to increase pipeline rates has not been established and, therefore, the proposed pipeline cost increase should be disallowed. The Railroad Commission has always exercised exclusive original jurisdiction over pipeline costs, while municipalities have exclusive original jurisdiction over gas distribution rates. With this filing, TXU has incorporated pipeline costs in excess of those previously approved by the Commission into the proposed distribution rate to be considered by the City, and all such pipeline costs should be disallowed. 1668\09\9400\mmo030703gmg 4.Revenue requirements should be reduced rather than increased. Cities have provided consistent and more than fair rate relief to TXU over the past five years. This case should be thoroughly reviewed at the Railroad Commission from the perspective that current revenue requirements are excessive and that revenues should be reduced rather than increased by $70 million as proposed by TXU. The proposed consolidations should result in cost savings, not cost increases. 5.The TXU filing should be denied pursuant to agreement with the Company. Cities and TXU have reached a procedural agreement for development of a thorough rate hearing and consideration by the Railroad Commission. That agreement calls for TXU to extend Commission jurisdiction from 185 days to 300 days in exchange for Cities taking prompt action at the local level to allow perfection of all appeals before development of the case commences at the Commission. ORDINANCE AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DENYING TXU GAS COMPANY’S REQUEST TO CHANGE RATES IN THIS MUNICIPALITY, AS A PART OF THE COMPANY’S STATEWIDE GAS UTILITY SYSTEM; PROVIDING A REQUIREMENT FOR A PROMPT REIMBURSEMENT OF COSTS INCURRED BY THE CITY; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR NOTICE OF THIS ORDINANCE TO TXU GAS COMPANY WHEREAS, on or about May 23, 2003, TXU Gas Company (the “Company”) filed with the City of Coppell (“City”), a Statement of Intent to change gas rates in all municipalities within the Company’s statewide gas utility system effective June 27, 2003; WHEREAS, the City has previously extended the effective date of the Company’s rate filing; WHEREAS, the City has exclusive original jurisdiction to evaluate the Company’s Statement of Intent as it pertains to the distribution facilities located within the City, pursuant to Texas Utilities Code §§ 102.001(b) and 103.001; WHEREAS, the Texas Utilities Code § 103.022 provides that costs incurred by the City in ratemaking activities are to be reimbursed by the regulated utility; WHEREAS, the City is participating with a coalition of over 120 other Cities in opposition to the Company’s filing at the Railroad Commission, said coalition being known as Allied Coalition of Cities (“ACC”), in GUD No. 9400 pending at the Commission; WHEREAS, ACC and the Company have reached a procedural agreement regarding the schedule for processing GUD No. 9400 that includes TXU’s concession to allow one hundred fifteen (115) additional days to process the rate case and ACC’s commitment that member Cities expedite the process of getting city action appealed to the Commission; WHEREAS, ACC and TXU jointly endorse the City’s denial of the Company’s rate application pending before the City; WHEREAS, counsel for ACC, upon review of the Company’s filing and upon consultation with various consultants, recommends findings that the Company’s proposal is unjustified and unreasonable; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. The Company’s Statement of Intent to change gas rates within the City, as part of the Company’s statewide gas utility system, is found to be unreasonable because: (a) TXU’s requested return on equity is excessive, generating more than 86% of the requested increase in rates; (b) the basis for TXU’s proposed consolidations (of regional distribution systems and of pipeline costs with distribution costs) has not been established; (c) the City’s jurisdiction to increase pipeline rates has not been established and, therefore, the proposed pipeline cost increases should be disallowed; (d) revenue requirements should be reduced rather than increased; and (e) the TXU filing should be denied pursuant to agreement with the Company; and is therefore denied in all respects. SECTION 2. The costs incurred by the City in reviewing the Company’s application be promptly reimbursed by the Company. SECTION 3. This Ordinance shall become effective immediately from and after its passage, as the law and charter in such cases provide. SECTION 4. That it is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. SECTION 5. A copy of this ordinance, constituting final action on the Company’s application, be forwarded to the appropriate designated representative of the Company within 10 days as follows: Autry L. Warren, Director Gas Regulatory, TXU Business Services, 1601 Bryan Street, Dallas, Texas 75201-3402. DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this the ______ day of __________, 2003. APPROVED: ____________________________________ ATTEST: ____________________________________ APPROVED AS TO FORM: _____________________________ City Attorney DATE: July 22, 2003 ITEM #: 11 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork DATE: July 22, 2003 ITEM #: 12 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. Nor th Texas Commission - Councilmember Tunnell. J. Senior Adult Services - Councilmember Suhy. K. Town Center/Architectural Committee - Councilmember Faught. L. Trinity River Common Vision Commission - Councilmember Faught. M. Trinity Trail Advisor y Commission - Councilmember Raines. Agenda Request Form - Revised 06/03 Document Name: %ccommreport