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CP 2003-08-26 NOTICE OF CITY COUNCIL MEETING AND AGENDA AUGUST 26, 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) Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public) Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public) Regular Session 7:00 p.m. Council Chambers (Open to the Public) Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session on Tuesday, August 26, 2003, at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:00 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The City of Coppell reser ves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: ITEM # ITEM DESCRIPTION REGULAR SESSION (Open to the Public) 1. Call to order. ag082603 Page 1 of 5 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Discussion regarding Fundraising on City Facilities at non-City sponsored events. 2. Discussion regarding Zoning and Subdivision Code requirements. WORK SESSION (Open to the Public) 3. Convene Work Session A. Review Fiscal Year 2003 Goals and Objectives. B. Review of City Manager Evaluation Process. C. Review and discussion of Braewood Shopping Center parking lot paving. D. Discussion regarding length of terms for Special Counsel and Conduct Review Board. E. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Invocation. 5. Pledge of Allegiance. 6. Repor t by Coppell Economic Development Committee. 7. Citizen's Appearances. CONSENT AGENDA 8. Consider approval of the following consent agenda items: A. Consider approval of minutes: August 12, 2003. B. Consider accepting resignation of Chamonix Morejon from Librar y Board – Youth Advisor. Budget Items C. Consider approval of the cer tification of the 2003 anticipated collection rate for the period of July 1, 2003, through June 30, 2004, ag082603 Page 2 of 5 ITEM # ITEM DESCRIPTION and the amount of excess debt collections during the period of July 1, 2002, and June 30, 2003. D. Consider approval of a Resolution amending the written Investment Policy of the City of Coppell as provided by the Public Funds Investment Act, Chapter 2256, Texas Government Code, and authorizing the Mayor to sign. END OF CONSENT 9. PUBLIC HEARING: To receive public comment concerning the Proposed 2003-2004 Municipal Budget. 10. Consider approval of bid no. Q-0503-02 for the installation of hike & bike trails at Denton Creek & Asbur y Manor subdivision, to Jeske Construction Company in the amount not to exceed $582,654.90 and authorizing the President of the CRDC, and the City Manager to sign a contract based on this award. 11. Consider approval of a request from the Lions Club regarding fundraising in City parks. 12. Consider approval of a grant request from the Coppell Independent School District for Pre-K to 12th Grade English as a Second Language in the amount of $816,300.00, using funds collected from the 379A sales tax, and authorizing the City Manager to sign. 13. Consider approval of a request by Eagle Equity, Inc., owners of Braewood Shopping Center, regarding an exception to the Subdivision Ordinance concerning asphalt overlay to parking lots. 14. Consider approval of an ordinance amending the Code of Ordinances to reflect changes in State law regarding carr ying of a concealed handgun by a license holder on proper ty owned by a governmental entity, and authorizing the Mayor to sign. 15. Necessary action resulting from Work Session. 16. Mayor and Council Repor ts. A. Repor t by Mayor Stover regarding DFW Board Meeting for Host Cities. ag082603 Page 3 of 5 ITEM # ITEM DESCRIPTION B. Repor t by Mayor Pro Tem Peters regarding the Texas 2003 Transpor tation Summit and Regional Transpor tation Summit. C. Repor t by Mayor Pro Tem Peters regarding the Election for Statewide Constitutional Amendments to be held September 13, 2003. 17. 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. 18. Necessary Action Resulting from Executive Session. Adjournment. ____________________________________ Douglas N. Stover, Mayor CERTIFICATE I cer tify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this _________ day of _________________, 2003, at __________________. ____________________________________ Libby Ball, City Secretar y ag082603 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. ag082603 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: August 26, 2003 ITEM #: ES-2 AGENDA REQUEST FORM EXECUTIVE SESSION A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Discussion regarding Fundraising on City Facilities at non-City sponsored events. 2. Discussion regarding Zoning and Subdivision Code requirements. CM REVIEW: Agenda Request Form - Revised 10/02 Document Name: %executivesession DATE: August 26, 2003 ITEM #: WS-3 AGENDA REQUEST FORM WORK SESSION A. Review Fiscal Year 2003 Goals and Objectives. B. Review of City Manager Evaluation Process. C. Review and discussion of Braewood Shopping Center parking lot paving. D. Discussion regarding length of terms for Special Counsel and Conduct Review Board. E. Discussion of Agenda Items. CM REVIEW: Agenda Request Form - Revised 10/02 Document Name: %worksession DEPT: City Secretary DATE: August 26, 2003 ITEM #: 6 AGENDA REQUEST FORM ITEM CAPTION: Report by Coppell Economic Development Committee. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: %bdreport DATE: August 26, 2003 ITEM #: 7 AGENDA REQUEST FORM CITIZENS' APPEARANCES ORDINANCE NO. 2001-964 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting City Council Meetings," be, and the same is hereby, amended to read as follows: "ARTICLE 1-10 RULES, TIMES AND PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS ". . . 1-10-6.2.1 CITIZENS APPEARANCE Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12). Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork DEPT: City Secretary DATE: August 26, 2003 ITEM #: 8/A AGENDA REQUEST FORM ITEM CAPTION: Consider approval of minutes: August 12, 2003. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: %minutes CM081203 Page 1 of 10 MINUTES OF AUGUST 12, 2003 The City Council of the City of Coppell met in Regular Called Session on Tuesday, August 12, 2003, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Doug Stover, Mayor Jayne Peters, Mayor Pro Tem Tim Brancheau, Councilmember Diana Raines, Councilmember Marsha Tunnell, Councilmember Billy Faught, Councilmember Thom Suhy, Councilmember Bill York, Councilmember Also present were City Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert Hager. REGULAR SESSION (Open to the Public) 1. Call to order. Mayor Stover called the meeting to order, determined that a quorum was present and convened into Executive Session. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.072, Texas Government Code - Deliberation regarding Real Property. 1. Sale of Land West of South Coppell Road and South of Bethel Road. B. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Duties and Obligations of 379A Corporation created under authority of the City of Coppell. Mayor Stover convened into Executive Session at 5:40 p.m. as allowed under the above-stated article. Mayor Stover adjourned the Executive Session at 6:48 p.m. and opened the Work Session. CM081203 Page 2 of 10 WORK SESSION (Open to the Public) 3. Convene Work Session A. Review and Discussion regarding a Policy Statement on Procedures and Authority of the 379A Corporation. B. Distribution of Proposed Work Plan for FY 2004 Council Goals and Objectives. C. Update on Park Board Meeting. D. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Invocation. Pastor Dale Patterson of the Presbyterian Church of Hackberry Creek led those present in the Invocation. 5. Pledge of Allegiance. Mayor Stover led those present in the Pledge of Allegiance. 6. Citizen's Appearances. A. Curby Ligon, 17304 Preston Road, Suite 800, Dallas, spoke to Council regarding employment centers for cities. B. Jerry Coker, 131 Tennyson, addressed Council regarding the 379A Education Development Corporation and the half cent sales tax. CONSENT AGENDA 7. Consider approval of the following consent agenda items: A. Consider approval of minutes: July 8 and July 22, 2003. Land Use and Development B. Consider approval of an Ordinance for Case No. PD-181R, Bethel Road Estates, Lot 1 Block 1, zoning change from CM081203 Page 3 of 10 PD-181-SF-12 (Planned Development-181, Single Family- 12) to PD-181R (Planned Development-181, Single Family-12, Revised) to allow for a stucco finish instead of masonry as required in Section 12-11-5 of the Zoning Ordinance, on 0.863 of an acre of property located at 260 West Bethel Road, and authorizing the Mayor to sign. C. Consider approval of an Ordinance for Case No. S-1195B, Voice Stream, zoning change from TC (Town Center) to TC-S-1195B (Town Center, Special Use Permit-1195B), to allow the replacement of an existing 70-foot light pole with an 80-foot light pole, including the placement of 3 flush-mounted telecommunication antennae and equipment building on property located in Andrew Brown Park Central, and authorizing the Mayor to sign. Action: Councilmember Tunnell moved to approve Consent Agenda Items A, B carrying Ordinance No. 91500-A-351 and C carrying Ordinance No. 91500-A-352. Councilmember Suhy seconded the motion; the motion carried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. 8. PUBLIC HEARING: Consider approval of Case No. S-1208, Everybody Fits, Restaurant (food court), zoning change request from C (Commercial) to C-S-1208 (Commercial, Special Use Permit- 1208), to allow the operation of an approximate 3,829 square- foot restaurant to be located on the second floor within the existing facility at 200 Fitness Court Drive. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Brian Kennedy, Applicant, answered questions of Council. Public Hearing: Mayor Stover opened the Public Hearing and advised that no one had signed up to speak on this proposal. CM081203 Page 4 of 10 Action: Councilmember York moved to close the Public Hearing and approve Case No. S-1208, Everybody Fits, Restaurant (food court), zoning change request from C (Commercial) to C-S-1208 (Commercial, Special Use Permit-1208), to allow the operation of an approximate 3,829 square-foot restaurant to be located on the second floor within the existing facility at 200 Fitness Court Drive; subject to the following conditions: 1) acknowledgement that this is a commercial kitchen; and 2) development will be in accordance with the submitted Restaurant Plan. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. 9. Consider approval of the Sandy Lake Plaza Medical Building, Lot 1, Block 1, Site Plan, to allow the development of a 30,000 square-foot medical office building on approximately 2.75 acres of property located at the northwest corner of Sandy Lake and Moore Roads. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Allison Teague, Applicant, spoke regarding future tenants. Action: Mayor Pro Tem Peters moved to approve the Sandy Lake Plaza Medical Building, Lot 1, Block 1, Site Plan, to allow the development of a 30,000 square-foot medical office building on approximately 2.75 acres of property located at the northwest corner of Sandy Lake and Moore Roads, subject to the following condition: 1) City Council waiving the requirement for the screening wall along the western property line, as permitted in Section 12-33.1(8) of the Zoning Ordinance, thus allowing for the preservation of the existing tree line. This tree line shall be augmented by Wax Myrtle and Redbud trees, especially adjacent to the proposed building. Per CM081203 Page 5 of 10 Section 12-34-8(C) of the Zoning Ordinance, a three-foot tall hedge shall be required in the perimeter landscape area, adjacent to the parking lot, if the 6-foot wall is not constructed. (Landscape Plan revised to include ornamental trees.) Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. 10. Consider approval of the Sandy Lake Plaza Medical Building, Lot 1, Block 1, Minor Plat, to allow the development of a 30,000 square-foot medical office building on approximately 2.75 acres of property located at the northwest corner of Sandy Lake and Moore Roads. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Action: Councilmember York moved to approve the Sandy Lake Plaza Medical Building, Lot 1, Block 1, Minor Plat, to allow the development of a 30,000 square-foot medical office building on approximately 2.75 acres of property located at the northwest corner of Sandy Lake and Moore Roads; subject to the following condition: 1) Additional sidewalk and utility easements (City and franchise utility) may be required. Councilmember Tunnell seconded the motion; the motion carried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. 11. Consider approval of an Ordinance for Case No. PD-197, Old Coppell Townhomes, zoning change from HO-C (Historic Overlay-Commercial) to PD-197-HO-TH-1/C (Planned Development-197-Historic Overlay-Townhouse-1/Commercial) with a Concept Plan to allow the development of 21 residences, a recreation area and commercial uses on 3.81 acres of property located along the east side of Coppell Road, north of Bethel Road, and authorizing the Mayor to sign. CM081203 Page 6 of 10 Councilmember Faught, having filed with the City Secretary a Conflict of Interest Affidavit regarding this item, left Council Chambers at this point. Presentation: Gary Sieb, Director of Planning, made a presentation to the Council. Action: Councilmember Tunnell moved to approve Ordinance No. 91500-A-353 for Case No. PD-197, Old Coppell Townhomes, zoning change from HO-C (Historic Overlay-Commercial) to PD-197-HO-TH-1/C (Planned Development-197-Historic Overlay-Townhouse-1/Commercial) with a Concept Plan to allow the development of 21 residences, a recreation area and commercial uses on 3.81 acres of property located along the east side of Coppell Road, north of Bethel Road, and authorizing the Mayor to sign. Councilmember Suhy seconded the motion; the motion carried 4-2 with Councilmembers Brancheau, Tunnell, Faught, Suhy and York voting in favor of the motion and Mayor Pro Tem Peters and Councilmember Raines voting against the motion. Councilmember Faught reentered Council Chambers and took his place at the dais at this time. 12. Necessary action resulting from Work Session. Presentation: Robert Hager, City Attorney, read the proposed Policy Statement for the Coppell Educational Development Committee into the record. Action: Mayor Pro Tem Peters moved to approve a Policy Statement on procedures and authority of the CEDC as read by Robert Hager, and authorizing the Mayor to sign and deliver the policy to the CEDC. Councilmember Raines seconded the motion; the motion carried 7-0 with Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in favor of the motion. A copy of said policy statement is attached hereto and made a part of these minutes. CM081203 Page 7 of 10 13. City Manager's Report. A. Report on Regional Transportation Task Force Final Recommendations. A. City Manager Jim Witt reviewed with Council a summary of the final recommendations of the Regional Transportation Task Force. 14. Mayor and Council Reports. A. Report by Mayor Stover regarding National Night Out. B. Report by Mayor Stover regarding August Chamber Luncheon. C. Report by Mayor Stover regarding Budget Hearing. D. Report by Mayor Stover regarding the New Teacher Breakfast. E. Report by Councilmember Faught regarding the TML Newly Elected Officials seminar. A. Mayor Stover reported that National Night Out was a huge success with 40 block parties having been held and he thanked the Police Department for their efforts in planning the event. B. Mayor Stover advised that the August Chamber Luncheon would be a legislative update attended by Senator Shapiro and Linda Harper Brown. C. Mayor Stover announced that the annual budget hearing would be held at the next City Council meeting. D. Mayor Stover stated he appreciated everyone who attended the new teacher breakfast. E. Councilmember Faught reported that he and Councilmember Suhy had attended the Newly Elected Officials seminar hosted by the Texas Municipal League and that the seminar had been very informative. 15. Council Committee Reports. A. Carrollton/Farmers Branch ISD/Lewisville ISD - Councilmember Suhy. B. Coppell ISD - Councilmembers Raines and York. C. Coppell Seniors - Councilmember York. CM081203 Page 8 of 10 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. North Texas Council of Governments - Councilmember Tunnell. I. NCTCOG - Emergency Management Planning Council - Councilmember Suhy. J. North Texas Commission - Councilmember Tunnell. K. Senior Adult Services - Councilmember Suhy. L. Town Center/Architectural Committee - Councilmember Faught. M. Trinity River Common Vision Commission - Councilmember Faught. N. Trinity Trail Advisory Commission - Councilmember Raines. A. Councilmember Suhy advised that Lewisville schools had started classes on August 12th. B. Councilmember York stated that Coppell schools would begin classes on August 18th. C. No report at this time. D. Councilmember Peters reported that the Dallas Regional Mobility Coalition had met on August 1st and Senator Shapiro spoke at the meeting. Also there will be a Clean Air Conference sponsored by the NTC and the Greater Dallas Chamber on August 28th. E. Councilmember Brancheau advised that the Coppell Economic Development Committee met on August 6th and discussed Industrial Revenue Bond Financing and some potential development on Sandy Lake Road. They also discussed the Coalition for Appropriate Sales Tax Law Enforcement. F. No report at this time. G. No report at this time. CM081203 Page 9 of 10 H. No report at this time. I. This committee to be removed. J. Councilmember Tunnell reported that the North Texas Commission would hold a membership luncheon on September 4th. K. Councilmember Suhy advised that the Senior Adult Services would hold their annual board meeting on August 15th. L. No report at this time. M. No report at this time. N. No report at this time. 16. Necessary Action Resulting from Executive Session. There was no action necessary under this item. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Douglas N. Stover, Mayor ATTEST: ______________________________________ Libby Ball, City Secretary POLICY STATEMENT REGARDING PROCEDURES AND AUTHORITY OF THE COPPELL EDUCATION DEVELOPMENT CORPORATION The City Council of Coppell, Texas, as authorized by Section 379A of the Local Government Code of the State of Texas, has the responsibility to appoint members to the Coppell Education Development Corporation to administer funds received under Section 379A of the Local Government Code through an optional local sales tax. Procedures Members of the Corporation shall follow the procedures as set forth in the Articles of Incorporation, the Bylaws, and the grant application guidelines for the effective and efficient administration of their duties, procedures and processes. The Corporation’s Board shall develop an application procedure that will provide the publicly funded education institutions eligible to receive funds proper guidance in the development of an application that addresses one of the three instructional subjects of eligible funding, to wit: foreign languages, literacy, and career technology. Grant Application Guidelines shall be distributed to the publicly funded education institutions that are eligible to receive funding no later than March 1 of each calendar year. A. Authority The Corporation’s Board shall ensure that applications submitted for consideration address one of the three instructional subjects that assist in the promotion of a skilled workforce, and were approved by the voters of Coppell; those being foreign languages, literacy, and career technology. The Corporation’s Board shall ensure that the adopted application guidelines were followed, and that the application is administratively correct. The role of the Corporation’s Board is to review the applications in order to determine and ensure compliance with the three instructional subjects approved by the voters under State law. Duly passed by the City Council of the city of Coppell, Texas this 12 day of August 2003. __________________________________________ Douglas N. Stover, Mayor DEPT: City Secretary DATE: August 26, 2003 ITEM #: 8/B AGENDA REQUEST FORM ITEM CAPTION: Consider accepting resignation of Chamonix Morejon from Library Board – Youth Advisor. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: %bdresignation August 11, 2003 Dear Kathy Edwards, At this time, I am unable to continue my duties given to me by the Library Board. Please assign someone else to my position. I am sorry for the inconvenience. -Chamonix Morejon- DEPT: Finance DATE: August 26, 2003 ITEM #: 8/C AGENDA REQUEST FORM ITEM CAPTION: Consider approval of the certification of the 2003 anticipated collection rate for the period of July 1, 2003, through June 30, 2004, and the amount of excess debt collections during the period of July 1, 2002, and June 30, 2003. GOAL(S): EXECUTIVE SUMMARY: Pursuant to Section 26.04 of the Texas Property Tax Code, the Tax Assessor/Collector has certified the anticipated collection rate for the period of July 1, 2003, through June 30, 2004 to be 99%. The purpose of this law is to permit a taxing unit to adjust the debt portion of its effective rollback tax rate to account for anticipated delinquencies. The truth-in-taxation laws of Chapter 26 also require the Tax Assessor/Collector to compare the amount of debt tax dollars actually collected during the period from July 1, 2002, through June 30, 2003, with the amount of debt tax dollars that should have been collected according to the 2002 anticipated collection rate. If a taxing unit collects more debt tax dollars than should have been collected, the collector certifies the excess amount to the governing body. The adjusted amount of debt tax dollars levied in 2002 was $7,512,351.00, however, the actual debt collections during the same period was $7,622,738.98. Therefore, the Tax Assessor/Collector has certified that the $110,387.98 is the full, true and correct amount of excess debt collections. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: $TaxColl-1ARConsent DEPT: Finance DATE: August 26, 2003 ITEM #: 8/D AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a Resolution amending the written Investment Policy of the City of Coppell as provided by the Public Funds Investment Act, Chapter 2256, Texas Government Code, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: As required by the Public Funds Investment Act, the Investment Policy must be reviewed on an annual basis. Staff has reviewed the policy and recommends the following changes: 1. Adding the term “Component Units” under Section I., Scope, of the policy to cover CEDC funds being invested by the City of Coppell. 2. Amend Section V., Investment Portfolio, to increase the authorized amount of the City’s portfolio to be invested in Local Government Investment Pools from twenty-five percent (25%) to fifty percent (50%). The City currently utilizes two (2) investment pools, and no more than twenty-five percent (25%) of the City’s portfolio will be invested in any one pool. 3. Adding the requirement to obtain at least three competitive quotes from qualifying financial institutions or broker/dealers for any investment transaction involving an individual security. (This policy requirement reflects current practice.) FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: $InvestmentPolicy-1AR 1 A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, AMENDING THE WRITTEN INVESTMENT POLICY OF THE CITY OF COPPELL, AS AMENDED, IN ACCORDANCE WITH THE TEXAS PUBLIC FUNDS INVESTMENT ACT, CHAPTER 2256, TEXAS GOVERNMENT CODE; AND BY DELETING ALL REFERENCES TO "AUTHORIZED REPRESENTATIVES" AND REPLACING THE SAME WITH "QUALIFIED REPRESENTATIVES"; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has heretofore adopted a written Investment Policy, as amended, as required by Chapter 2256 of the TEXAS GOVERNMENT CODE; and WHEREAS, it is necessary and in the public interest to amend the written policy to coincide with changes to the Public Funds Investment Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1.That the written Investment Policy of the City of Coppell, as amended, heretofore adopted as Exhibit “A” to Resolution No. 2002-0827.1, is hereby amended by amending Section I, SCOPE, to provide for Component Units, which shall read as follows: "This investment policy applies to all financial assets of the City of Coppell. These funds are accounted for in the City's Comprehensive Annual Financial Report (CAFR) and include: * General Fund * Special Revenue Funds * Debt Service Funds * Capital Project Funds * Proprietary Funds * Trust and Agency Funds * Component Units" SECTION 2.That the written Investment Policy of the City of Coppell, as amended, heretofore adopted as Exhibit “A” to Resolution No. 2002-0827.1, is hereby amended by deleting 2 the last sentence in Section V., I. G, and replacing with similar language increasing minimum percentage of investment, which shall read as follows: "G. Local government investment pools that have been authorized by the governing body by rule, ordinance or resolution. The investment pool must maintain a rating no lower than AAA or AAA-M by at least one nationally recognized rating service. Investment in such pools shall be limited to fifty percent (50%) of the City's entire portfolio, with no more than twenty-five percent (25%) of the entire portfolio invested in any one authorized pool." SECTION 3.That the written Investment Policy of the City of Coppell, as amended, heretofore adopted as Exhibit “A” to Resolution No. 2002-0827.1, is hereby amended by amending Section VI, SELECTION OF BANKS AND DEALERS, to provide for the competitive bidding process, which shall read as follows: "VI. SELECTION OF BANKS AND DEALERS Competitive Bids Competitive quotes must be taken from at least three (3) qualifying financial institutions or broker/dealers for any investment transaction involving an individual security. Investment transactions should include written confirmation of offers on the Investment Bid Tabulation form. . . . . ." SECTION 4.That the written Investment Policy of the City of Coppell, as amended heretofore adopted as Exhibit "A" to Resolution No. 2002-0827.1, is hereby amended by deleting all references to "authorized representatives" and replacing the same with "qualified representatives." SECTION 5.Republish and adopt subject to the amendments set forth in Exhibit “A” which is attached hereto and incorporated herein as if set forth in full. 3 SECTION 6.That all provisions of the resolutions of the City of Coppell, Texas, in conflict with the provisions of this Resolution, except as noted herein, be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this Resolution shall remain in full force and effect. SECTION 7. That should any word, phrase, paragraph, or section of this Resolution be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Resolution as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Resolution as a whole. SECTION 8.That this Resolution shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2003. APPROVED: _________________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 08/18/03) (58257) 1 INTRODUCTION The purpose of this document is to set forth specific investment policy and strategy guidelines for the City of Coppell in order to achieve the goals of safety, liquidity, yield, and public trust for all investment activity. The City Council of the City of Coppell shall review its investment strategies and policy not less than annually. This policy serves to satisfy the statutory requirement of Chapter 2256, Texas Government Code as amended, to define, adopt and review a formal investment strategy and policy. INVESTMENT STRATEGY The City of Coppell maintains portfolios utilizing four specific investment strategy considerations designed to address the unique characteristics of the fund groups represented in the portfolios: A. Investment strategies for operating funds and commingled pools containing operating funds have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to create a portfolio structure which will experience minimal volatility during economic cycles. This may be accomplished by purchasing high quality, short-to-medium- term securities which will complement each other in a laddered or barbell maturity structure. The dollar weighted average maturity of 365 days or less will be calculated using the stated final maturity date of each security. B. Investment strategies for debt service funds shall have as the primary objective the assurance of investment liquidity adequate to cover the debt service obligation on the required payment date. Securities purchased shall not have a stated final maturity date that exceeds the debt service payment date. C. Investment strategies for debt service reserve funds shall have as the primary objective the ability to generate a dependable revenue stream to the appropriate debt service fund from securities with a low degree of volatility. Securities should be of high quality and, except as may be required by the bond ordinance specific to an individual issue, of short to intermediate-term maturities. Volatility shall be further controlled through maturity and quality range, without paying premium, if at all possible. Such securities will tend to hold their value during economic cycles. D. Investment strategies for special projects or special purpose fund portfolios will have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. These portfolios should include at least 10% in highly liquid securities to allow for flexibility and unanticipated project outlays. The stated final maturity dates of securities held should not exceed the estimated project completion date. INVESTMENT POLICY 2 I. SCOPE This investment policy applies to all financial assets of the City of Coppell. These funds are accounted for in the City's Comprehensive Annual Financial Report (CAFR) and include: * General Fund * Special Revenue Funds * Debt Service Funds * Capital Projects Funds * Proprietary Funds * Trust and Agency Funds * Component Units II. OBJECTIVES The City of Coppell shall manage and invest its cash with four objectives, listed in order of priority: Safety, Liquidity, Yield, and Public Trust. The safety of the principal invested always remains the primary objective. All investments shall be designed and managed in a manner responsive to the public trust and consistent with State and Local law. The City shall maintain a comprehensive cash management program that includes collection of accounts receivable, vendor payment in accordance with invoice terms, and prudent investment of available cash. Cash management is defined as the process of managing monies in order to insure maximum cash availability and maximum yield on short-term investment of pooled idle cash. Safety The primary objective of the City's investment activity is the preservation of capital in the overall portfolio. Each investment transaction shall be conducted in a manner to avoid capital losses, whether they are from securities default or erosion of market value. Liquidity The City's investment portfolio shall be structured such that the City is able to meet all obligations in a timely manner. This shall be achieved by matching investment maturities with forecasted cash flow requirements and by investing in securities with active secondary markets. 3 Yield The City's cash management portfolio shall be designed with the objective of regularly exceeding the average rate of return on three-month U.S. Treasury Bills. The investment program shall seek to augment returns above this threshold consistent with risk limitations identified herein and prudent investment polices. Public Trust All participants in the City's investment process shall seek to act responsibly as custodians of the public trust. Investment officials shall avoid any transaction that might impair public confidence in the City's ability to govern effectively. III. RESPONSIBILITY AND CONTROL Investment Committee An Investment Committee, consisting of the City Manager, Deputy City Manager, the Director of Finance, and Assistant Director of Finance, shall meet at least quarterly to determine operational strategies and to monitor results. The Investment Committee shall include in its deliberation such topics as: performance reports, economic outlook, portfolio diversification, maturity structure, potential risk to the City's funds, authorized brokers and dealers, and the target rate of return on the investment portfolio. Delegation of Authority and Training Authority to manage the City's investment program is derived from a resolution of the City Council. The Director of Finance, the Assistant Finance Director and the Chief Accountant are designated as the investment officers of the City and are responsible for investment decisions and activities. The Director of Finance shall establish written procedures for the operation of the investment program, consistent with this investment policy. The investment officers shall attend at least one ten (10) hour training session from an independent source approved by the governing body relating to the officer's responsibility under the Act within 12 months after assuming duties. Additionally, once every two years, ten (10) hours of instruction must be obtained from an independent source. Sources of authorized independent training are those sponsored by: • Government Finance Officers Association (G.F.O.A.) • Government Finance Officers Association of Texas (G.F.O.A.T.) • Government Treasurers Organization of Texas (G.T.O.T.) • University of North Texas - Center for Public Management • Texas Tech - Center for Professional Development 4 Internal Controls The Director of Finance is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the entity are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation costs and benefits require estimates and judgements by management. Accordingly, the Director of Finance shall establish a process for annual independent review by an external auditor to assure compliance with policies and procedures. The internal controls shall address the following points: A. Control of collusion. B. Separation of transaction authority from accounting and record keeping. C. Custodial safekeeping. D. Avoidance of physical delivery securities. E. Clear delegation of authority to subordinate staff members. F. Written confirmation for telephone (voice) transactions for investments and wire transfers. G. Development of a wire transfer agreement with the depository bank or third party custodian. Prudence The standard of prudence to be applied by the investment officer shall be the "prudent investor" rule, which states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." In determining whether an investment officer has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration: A. The investment of all funds, or funds under the City's control, over which the officer had responsibility rather than a consideration as to the prudence of a single investment. B. Whether the investment decision was consistent with the written investment policy of the City. The investment officer, acting in accordance with written procedures and exercising due diligence, shall not be held personally responsible for a specific security's credit risk or market price changes, providing that these deviations are reported immediately and that appropriate action is taken to control adverse developments. 5 Ethics and Conflicts of Interest City staff involved in the investment process shall refrain from personal business activity that could conflict with the proper execution of the investment program, or which could impair the ability to make impartial investment decisions. City staff shall disclose to the City Manager any material financial interests in financial institutions that conduct business with the City and they shall further disclose positions that could be related to the performance of the City's portfolio. City staff shall subordinate their personal financial transactions to those of the City, particularly with regard to timing of purchases and sales. An investment officer of the City who has a personal business relationship with an organization seeking to sell an investment to the City shall file a statement disclosing that personal business interest. An investment officer who is related within the second degree by affinity or consanguinity to an individual seeking to sell an investment to the City shall file a statement disclosing that relationship. A statement required under this subsection must be filed with the Texas Ethics Commission and the governing body of the entity. IV. REPORTING Quarterly Reporting The Director of Finance shall submit a signed quarterly investment report that summarizes current market conditions, economic developments and anticipated investment conditions. The report shall summarize investment strategies employed in the most recent quarter, and describe the portfolio in terms of investment securities, maturities, risk characteristics, and shall explain the total investment return for the quarter. Annual Report Within 90 days of the end of the fiscal year, the Director of Finance shall present an annual report on the investment program and investment activity. This report may be presented along with the Comprehensive Annual Financial Report to the City Manager and City Council. Methods The quarterly investment report shall include a succinct management summary that provides a clear picture of the status of the current investment portfolio and transactions made over the last quarter. This management summary will be prepared in a manner that will allow the City to ascertain whether investment activities during the reporting period have conformed to the investment policy. The reports shall be formally reviewed at least annually by an independent auditor, if investments are other than those offered by the City's depository. The portfolio shall be marked to market monthly. The market value of the securities is to be provided by the City's depository or by a third party valuation service. 6 The report will be provided to the City Manager and City Council. The report will include the following: A. A listing of individual securities (investment position) held at the end of the reporting period. B. Unrealized gains or losses resulting from appreciation or depreciation by listing the beginning and ending book and market value of securities for the period. C. Additions and changes to the market value during the period. D. Average weighted yield to maturity of portfolio on entity investments as compared to applicable benchmark. E. Listing of investment by maturity date. F. The percentage of the total portfolio each type of investment represents. G. Statement of compliance of the City's investment portfolio with State Law and the investment strategy and policy approved by the City Council. H. Prepared and signed by the investment officers. I. Fully accrued interest for the period. J. States account or fund for each investment. V. INVESTMENT PORTFOLIO The City shall pursue an active versus a passive portfolio management philosophy. That is, securities may be sold before they mature if market conditions present an opportunity for the City to benefit from the trade. The investment officer will routinely monitor the contents of the portfolio, the available markets, and the relative value of competing instruments, and will adjust the portfolio accordingly. Investments Assets of the City of Coppell may be invested in the following instruments; provided, however, that at no time shall assets of the City be invested in any instrument or security not authorized for investment under the Act, as the Act may from time to time be amended. I. Authorized A. Obligations of the United States of America, its agencies and instrumentalities. B. Direct obligations of the State of Texas or its agencies and instrumentalities. C. Other obligations, the principal of and interest on which are unconditionally guaranteed by the State of Texas or United States of America. 7 D. Obligations of the State, agencies thereof, Counties, Cities, and other political subdivisions of any state having been rated as investment quality by a nationally recognized investment rating firm, and having received a rating of not less than "A" or its equivalent. E. Certificates of Deposit of state and national banks domiciled in Texas, guaranteed or insured by the Federal Deposit Insurance or its successor or secured by obligations described in A through D above, which are intended to include all direct agency or instrumentality issued mortgage backed securities rated AAA by a nationally recognized rating agency and that have a market value of not less than the principal amount of the certificates. F. Fully collateralized direct repurchase agreements with a defined termination date secured by obligations of the United States or its agencies and instrumentalities. These shall be pledged to the City of Coppell, held in the City’s name, and deposited at the time the investment is made with the City or with a third party selected and approved by the City. Repurchase agreements must be purchased through a primary government securities dealer, as defined by the Federal Reserve, or a bank domiciled in Texas. A Master Repurchase Agreement must be signed by the bank\dealer prior to investment in a repurchase agreement. All repurchase agreement transactions will be on a delivery versus payment basis. Securities received for repurchase agreements must have a market value greater than or equal to 105 percent at the time funds are disbursed. G. Local government investment pools that have been authorized by the governing body by rule, ordinance or resolution. The investment pool must maintain a rating no lower than AAA or AAA-M by at least one nationally recognized rating service. Investment in such pools shall be limited to 50% of the City’s entire portfolio, with no more than 25% of the entire portfolio invested in any one authorized pool. H. No-load money market mutual funds that are registered and regulated by the Securities and Exchange Commission, that has a dollar weighted average stated maturity of 90 days or fewer and includes in its investment objectives the maintenance of a stable net asset value of $1 for each share. I. No-load mutual funds that are registered with the Securities and Exchange Commission, having an average weighted maturity of less than two years and is invested or secured in obligations described in A through D above. The fund must maintain a rating of AAA, or its equivalent by at least one nationally recognized rating firm. The fund must conform to the requirements relating to the eligibility of investment pools. Investments in mutual funds shall be limited to 10% of the City's monthly fund balance, excluding bond proceeds and reserves and other funds held for debt service. 8 II. Not Authorized The City's authorized investments options are more restrictive than those allowed by State law. State law specifically prohibits investment in the following investment securities. A. Obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage backed security collateral and pays no principal. B. Obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest. C. Collateralized mortgage obligations that have a stated final maturity date of greater than 10 years. D. Collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. Holding Period The City of Coppell intends to match the holding periods of investment funds with liquidity needs of the City. In no case will the average maturity of investments of the City's operating funds exceed one year. The maximum final stated maturity of any investment shall not exceed five years. Investments in all funds shall be managed in such a way that the market price losses resulting from interest rate volatility would be offset by coupon income and current income received from the volume of the portfolio during a twelve month period. Risk and Diversification The City of Coppell recognizes that investment risks can result from issuer defaults, market price changes or various technical complications leading to temporary illiquidity. Risk is controlled through portfolio diversification which shall be achieved by the following general guidelines; A. Risk of issuer default is controlled by limiting investments to those instruments allowed by the Act, which are described herein. B. Risk of market price changes shall be controlled by avoiding over- concentration of assets in a specific maturity sector, limitation of average maturity of operating funds investments to one year, and avoidance of over- concentration of assets in specific instruments other than U.S. Treasury Securities and insured or Collateralized Certificates of Deposits. C. Risk of illiquidity due to technical complications shall be controlled by the selection of securities dealers as described herein. 9 VI. SELECTION OF BANKS AND DEALERS Depository At least every five (5) years a Depository shall be selected through the City's banking services procurement process, which shall include a formal request for proposal (RFP). In selecting a depository, the credit worthiness of institutions shall be considered, and the Director of Finance shall conduct a comprehensive review of prospective depositories credit characteristics and financial history. Certificates of Deposit Banks seeking to establish eligibility for the City's competitive certificate of deposit purchase program shall submit for review annual financial statements, evidence of federal insurance and other information as required by the Director of Finance. Qualified Representatives Investment officials shall not knowingly conduct business with any firm with whom public entities have sustained losses on investments. All qualified representatives shall provide the City with references from Public entities they are currently serving. All financial institutions and qualified representatives who desire to become qualified bidders for investment transactions must supply the following as appropriate: - audited financial statements - proof of National Association of Securities Dealers (NASD) certification - proof of state registration - completed broker/dealer questionnaire - certification of having read the City's investment policy signed by an qualified representative of the organization - Acknowledgement that the organization has implemented reasonable procedures and controls in an effort to preclude imprudent investment activities arising out of investment transactions conducted between the City and the organization The investment officers are precluded from purchasing an investment from a representative who has not delivered the written certification An annual review of the financial condition and registration of qualified bidders will be conducted by the Director of Finance. Competitive Bids Competitive quotes must be taken from at least three (3) qualifying financial institutions or broker/dealers for any investment transaction involving an individual security. Investment transactions should include written confirmation of offers on the Investment Bid Tabulation form. 10 VII. SAFEKEEPING AND CUSTODY Insurance or Collateral All deposits and investments of City funds other than direct purchases of U.S. Treasuries or Agencies shall be secured by pledged collateral. In order to anticipate market changes and provide a level of security for all funds, the collateralization level will be 105% of market value of principal and accrued interest on the deposits or investments less an amount insured by the FDIC or FSLIC. Evidence of the pledged collateral shall be maintained by the Director of Finance or a third party financial institution. The City’s Depository Agreement shall specify the acceptable investment securities for collateral, the substitution or release of investment securities, ownership of securities, and the method of valuation of securities. Repurchase agreements shall be documented by a specific agreement noting the collateral pledge in each agreement. Collateral shall be reviewed monthly to assure that the market value of the pledged securities is adequate. Safekeeping Agreement Collateral pledged to secure deposits of the City shall be held by a safekeeping institution in accordance with a Safekeeping Agreement which clearly defines the procedural steps for gaining access to the collateral should the City of Coppell determine that the City's funds are in jeopardy. The safekeeping institution, or Trustee, shall be the Federal Reserve Bank or an institution not affiliated with the firm pledging the collateral. The safekeeping agreement shall include the signatures of authorized representatives of the City of Coppell, the firm pledging the collateral, and the Trustee. Collateral Defined The City of Coppell shall accept only the following securities as collateral: A. FDIC and FSLIC insurance coverage. B. A bond, certificate of indebtedness, or Treasury Note of the United States, or other evidence of indebtedness of the United States that is guaranteed as to principal and interest by the United States. C. Obligations, the principal and interest on which, are unconditionally guaranteed or insured by the State of Texas. D. A bond of the State of Texas or of a county, city or other political subdivision of the State of Texas having been rated as investment grade (investment rating no less than "A" or its equivalent) by a nationally recognized rating agency with a remaining maturity of five (5) years or less. Subject to Audit All collateral shall be subject to inspection and audit by the Director of Finance or the City's independent auditors. 11 Delivery vs. Payment Treasury Bills, Notes, Bonds and Government Agencies' securities shall be purchased using the delivery vs. payment method. That is, funds shall not be wired or paid until verification has been made that the correct security was received by the Trustee. The security shall be held in the name of the City or held on behalf of the City. The Trustee's records shall assure the notation of the City's ownership of or explicit claim on the securities. The original copy of all safekeeping receipts shall be delivered to the City. VII. INVESTMENT POLICY ADOPTION The City of Coppell investment policy shall be adopted by resolution of the City Council. The policy shall be reviewed for effectiveness on an annual basis by the Investment Committee and any modifications will be recommended for approval to the City Council. 12 GLOSSARY of COMMON TREASURY TERMINOLOGY Agencies: Federal agency securities. Ask: The price at which securities are offered. Bid: The price offered for securities. Broker: A broker brings buyers and sellers together for a commission paid by the initiator of the transaction or by both sides. In the money market, brokers are active in markets, in which banks buy and sell money, and in interdealer markets. Certificate of Deposit (CD): A time deposit with a specific maturity evidenced by a certificate. Large-denomination CD's are typically negotiable. Collateral: Securities, evidence of deposit or other property that a borrower pledges to secure repayment of loan. Also refers to securities pledged by a bank to secure deposits of public monies. Comprehensive Annual Financial Report (CAFR): The official annual report for the City of Coppell. It includes combined statements and basic financial statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance-related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section. Coupon: The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value Dealer: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. Debenture: A bond secured only by the general credit of the issuer. Delivery versus Payment: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. Discount Securities: Non-interest bearing money market instruments that are issued at a discount and redeemed at maturity for full face value, such as U.S. Treasury bills. Diversification: Dividing investment funds among a variety of securities offering independent returns. Federal Credit Agencies: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, such as Savings and Loans, small business firms, students, farmers, farm cooperatives, and exporters. Federal Deposit Insurance Corporation (FDIC): A federal agency that insures bank deposits, currently up to $100,000 per deposit. Federal Funds Rate: The rate of interest at which Fed funds are traded. This rate is currently set by the Federal Reserve through open-market operations. Federal Home Loan Banks (FHLB): The institutions that regulate and lend to savings and loan associations. The Federal Home Loan Banks play a role analogous to that played by the Federal Reserve Banks vis-a-vis 13 member commercial banks. Federal National Mortgage Association (FNMA): FNMA, like GNMA, was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development, H.U.D. It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private stockholder- owned corporation. The corporation's purchases include a variety of adjustable mortgages and second loans in addition to fixed-rate mortgages. FNMA's securities are also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest. Federal Open Market Committee (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open- market as a means of influencing the volume of bank credit and money. Federal Reserve System: The central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks and commercial banks that are members of the system. Government National Mortgage Association (GNMA or Ginnie Mae): Securities guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by FHA, VA or FMHM mortgages. The term pass- throughs is often used to describe Ginnie Maes. Liquidity: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes. Market Value: The price at which a security is trading and could presumably be purchased or sold. Master Repurchase Agreement: To protect investors, many public investors will request that repurchase agreements be preceded by a master repurchase agreement between the investor and the financial institution or dealer. The master agreement should define the nature of the transaction, identify the relationship between the parties, establish normal practices regarding ownership and custody of the collateral securities during the term of the investment, provide remedies in the case of default by either party and clarify issues of ownership. The master repurchase agreement protects the investor by eliminating the uncertainty of ownership and hence, allowing investors to liquidate collateral if a bank or dealer defaults during the term of the agreement. Maturity: The date upon which the principal or stated value of an investment becomes due and payable. Money Market: The market in which short- term debt instruments (bills, commercial paper, bankers' acceptances) are issued and traded. 14 Open Market Operations: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are the Federal Reserve's most important and most flexible monetary policy tool. Portfolio: Collection of securities held by an investor. Primary Dealer: A group of government securities dealers that submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC) registered securities broker-dealers banks and a few unregulated firms. Prudent Person Rule: An investment standard. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. Rate of Return: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return. Repurchase Agreement (RP of REPO): A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security "buyer" in effect lends the "seller" money for the period of the agreement, and their terms of the agreement are structured to compensate him for this. 15 DEPT: Finance DATE: August 26, 2003 ITEM #: 9 AGENDA REQUEST FORM ITEM CAPTION: PUBLIC HEARING: To receive public comment concerning the Proposed 2003-2004 Municipal Budget. GOAL(S): EXECUTIVE SUMMARY: Pursuant to the City Charter, a public hearing will be conducted by the City Council of the City of Coppell, Texas, to receive public comment concerning the Proposed 2003-2004 Municipal Budget. At this hearing, taxpayers must have the opportunity to express their views on the proposed budget. FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: $PHBudget-1AgendaRequest DEPT: Parks & Recreation DATE: August 26, 2003 ITEM #: 10 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of bid no. Q-0503-02 for the installation of hike & bike trails at Denton Creek & Asbury Manor subdivision, to Jeske Construction Company in the amount not to exceed $582,654.90 and authorizing the President of the CRDC, and the City Manager to sign a contract based on this award GOAL(S): EXECUTIVE SUMMARY: The Coppell Recreation Development Corporation (CRDC) has included in their 2002-03 priorities, the continuation of the Denton Creek Trail System. The two sections of trail to be developed have been determined through the CRDC Trail Priority List and are to be funded with CRDC funds. The first of the two sections can be described as the continuation of the Lake Park Trail, North around the most eastern pond at Moore Road Park. The new section will connect the existing trail, which terminates at Glen Lakes Drive, along the northeastern section of the park, to the trail at the Moore Road practice area. The second section of trail is the section of trail connecting the Coppell Road Trail, installed with the North Coppell Road Improvement, to the Copperstone Trail, through the Asbury Manor Development. TBG Partners has produced drawings and specifications for the installation of the trail sections. Bids were opened on June 3 , 2003 with six (6) bids received. Bids ranged from a net low of $339,770.26 (American Civil Constructors), to a net high of $722,228.75 (M.A. Vinson Construction Co., Inc). The city of Coppell received notice from American Civil Constructors that they wish to withdraw their bid due to an error in the calculations. The Parks and Recreation Department agrees to this withdrawal. The second low bidder, Jeske Construction Company ($582,654.90), is the lowest, most responsible bidder and is recommended for award. FINANCIAL COMMENTS: Funds for this contract are available from the ½ cent sales tax allocated to the Coppell Recreation Development Corporation. DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: ^Hike & Bike-1AR J:\Agenda Requests\20.August 26, 2003\^Hike & Bike-2 memo.doc PARKS AND RECREATION DEPARTMENT INTEROFFICE MEMORANDUM Date: August 26, 2003 To: Mayor and Council From: Brad Reid, Director RE: Item : Consider Approval of a bid from Jeske Construction Company in an amount not to exceed $582,654,90, for the construction of two sections of trail at the Denton Creek Trail System, as budgeted, and authorizing the City Manager and the President of the CRDC to sign. In 2002, the Coppell Recreation Development Corporation determined project priorities for the 2002-2003 budget. One of these priorities was to have constructed two sections of the Denton Creek Trail System, specifically, the Ashbury Manor Trail and the continuation of the trail at the far east end of Moore Road Park. A budget was allocated for these two sections of trail at a combined total of $635,000.00. The Parks and Recreation Department proceeded to commission a design firm to prepare Construction Documentation related to these two trail sections. The project was publicly bid in order to obtain proposals from qualified bidders. On Tuesday June 3,2003 the City of Coppell Purchasing Department received (6) bids for the Denton Creek/Ashbury Manor Hike & Bike Trail Project, Bid # Q-0503-02. The bids were opened and read as follows: BIDDER TOTAL BID American Civil Constructors $339,770.26 Jeske Construction $557,525.30 Greenscaping $538,928.68 J&J Sprinkler $574,906.50 B&B Concrete $601,254.50 M.A. Vinson $722,228.75 Upon review of the American Civil Constructors bid, it was discovered that they had omitted large portions of the work to be done, and had miscalculations on their bid. American Civil Constructors requested that the City of Coppell remove their proposal from consideration of award. This request was granted on June 6, 2003. J:\Agenda Requests\20.August 26, 2003\^Hike & Bike-2 memo.doc In reviewing the remaining bids, a discrepancy in the Bid Form was discovered. Add Alternate #2 stipulated 5,820 SF of concrete trail when the actual square footage is 13,276. Fortunately, unit pricing per square foot of concrete is included on the Bid Form. With consideration of this fact, the apparent low bidder changed from Greenscaping to Jeske Construction after adding the proper numbers for Add Alternate #2. Add Alternate #1 is for the addition of masonry work, and contains no concrete trail. The final bid tabulations are as follows: Jeske Construction Base Bid $481,223.30 Concrete unit price $4.10 SF Alternate #2 $54,431.60 Alternate #1 $47,000.00 Total Price $582,654.90 Greenscaping Base Bid $483,168.68 Concrete unit price $6.00 SF Alternate #2 $79,656.00 Alternate #1 $20,840.00 Total Price $583,664.68 J&J Sprinkler Base Bid $507,582.50 Concrete unit price $3.20 SF Alternate #2 $42,483.20 Alternate #1 $48,700.00 Total Price $598,765.70. Attached please find a recommendation from the consultant on the project, TBG, indicating that Jeske Construction is the lowest bidder and recommends award to Jeske Construction. The Parks and Recreation Department concurs with TBG in the recommendation of Jeske Construction as the lowest, best, most responsible bidder. The following items are recommended for award to be included in the contract for construction: Base Bid Alt. #1 Alt # 2 $481,223.30 $47,000.00 $54,431.60 Total Award $582,654.90 J:\Agenda Requests\20.August 26, 2003\^Hike & Bike-3 consultant recommendation.doc ‰ 302 North Market Street, Suite 450 Dallas, Texas 75202 214.744.0757 214.744.6785 FAX MEMO To:Date:June 6, 2003 Project:City of Coppell – Denton Creeks Trails Project no.:D02157 John Elias Park Planner City of Coppell 816 S. Coppell Road P.O. Box 9478 Coppell, TX 75019 Subject:For: your use approval review/comment Contractor Recommendation information only as requested Remarks: We have reviewed the bids for the Denton Creek Trails Project. Since American Civil Constructors withdrew their bid, we did a review of the lowest two bidders, Green Scaping L.P, and Jeske Construction. The total bid with alternates were as follows: Jeske Construction = $582,654.90 Green Scaping L.P. = $583,664.68 Jeske Construction is a family owned and operated business in the metroplex since 1970. They provided financial statements and references for similar projects in the metroplex. I have called references in Richardson, Irving and Dallas. Each reference had a positive recommendation for Jeske Construction. Based on these references and the low bid, we recommend Jeske Construction as the preferred contractor for the Denton Creek / Ashbury Manor Trails Job tbg PARTNERS City of Coppell Denton Creek / Ashbury Manor Hike & BikeDate: 06/04/03(revised 07/29/2003)BID TABULATION FORMACC Jeske Construction Greenscaping J&J Sprinkler B&B Concrete M.A. Vinson Item # Qty. DescriptionItem Total$11,196.04 $71,400.00 $13,225.00 $33,000.00 $34,000.00 $33,950.0011 Site PreparationItem Total$5,379.35 $6,730.00 $4,542.75 $5,047.50 $6,000.00 $10,000.0021 Soil Erosion and Sediment ControlItem Total$17,134.98 $27,300.00 $22,600.00 $10,000.00 $15,000.00 $40,000.0031 Rip-RapItem Total$139,880.40 $201,343.00 $317,910.00 $158,955.00 $260,955.00 $209,290.7541 Site ConcreteItem Total$8,510.30 $17,000.00 $3,000.00 $15,000.00 $5,000.00 $25,000.0051 Concrete PaversItem Total$4,126.60 $2,600.00 $2,290.00 $4,000.00 $6,000.00 $12,000.0061 Irrigation ItemsItem Total$10,564.64 $15,310.30 $13,825.66 $9,080.00 $15,839.50 $34,308.0071 Landscape ItemsItem Total$2,520.00 $5,440.00 $0.27 $6,000.00 na $23,000.0081 Lawn & GrassesItem Total$1,111.21 $700.00 $600.00 $3,000.00 $21,000.00 $45,900.0091 Landscape Establishment (90) DaysItem Total$12,225.68 $3,800.00 $3,800.00 $75,000.00 $2,000.00 $13,500.00101 Cast-in-place ConcreteItem Total$57,622.50 $113,250.00 $81,000.00 $172,500.00 $161,250.00 $187,500.00111 Stone Masonry WallsItem Total$38,847.66 $16,350.00 $20,375.00 $16,000.00 $25,750.00 $16,500.00121 Handrails and RailingsTOTAL BASE BID $309,119.36 $481,223.30 $483,168.68 $507,582.50 $552,794.50 $650,948.75ALTERNATIVESACC Jeske Construction Greenscaping J&J Sprinkler B&B Concrete M.A. VinsonAdd Alternate #1Masonry OverlooksItem Total$17,730.50 $47,000.00 $20,840.00 $48,700.00 $31,000.00 $48,000.00Add Alternate #2Additional Trail (13,276 sf)Item Total$29,472.72 $54,431.60 $79,656.00 $42,483.20 $39,828.00 $53,104.00TOTAL BID $356,322.58 $582,654.90 $583,664.68 $598,765.70 $623,622.50 $752,052.75 DEPT: City Manager DATE: August 26, 2003 ITEM #: 11 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a request from the Lions Club regarding fundraising in City parks. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: !Lions DEPT: City Manager DATE: August 26, 2003 ITEM #: 12 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a grant request from the Coppell Independent School District for Pre-K to 12th Grade English as a Second Language in the amount of $816,300.00, using funds collected from the 379A sales tax, and authorizing the City Manager to sign. GOAL(S): EXECUTIVE SUMMARY: This grant is being appealed by the Coppell Independent School District because it was denied by the Coppell Education Development Corporation on August 13, 2003 by a 3-2 vote with one abstention. FINANCIAL COMMENTS: Funds for this grant are available from 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: !CISD COPPELL EDUCATION DEVELOPMENT CORPORATION August 13, 2003 MINUTES The Coppell Education Development Corporation met at 7 p.m. on Wednesday, August 13, 2003 at Coppell Town Center, 2nd Floor Conference Room, 255 Parkway Boulevard, Coppell, Texas 75019. In attendance: Also present: Jerry Coker, President Jim Witt, Staff Liaison Peggy Quinn, Vice President Katherine Bowling, Recording Secretary Tony Dickensheets, Board Member Steve Brock, Board Member David Hermanski, Board Member Valerie Strong, Board Member Absent: Betty Carter, Board Member Item 1. Call to Order. President Jerry Coker called the meeting to order at 7 p.m. Item 2. Approval of Minutes: July 30, 2003 David Hermanski made a motion to accept the minutes with a change to the second sentence in Item 6 to read “three teachers” instead of two. Peggy Quinn seconded the motion, and Coker, Quinn, Dickensheets, Brock and Hermanski voted in favor. Strong abstained. The motion carried. Item 3. Citizens’ Appearance. Bianca Coke, 131 Tennyson Place, Coppell, Texas, appeared and spoke in support of the Board’s decision not to second the motion to fund an ESL grant at the CEDC meeting on July 30, 2003. Item 4. Update on fiscal documentation required by grant agreements. Jim Witt reported that all documentation from Carrollton-Farmers Branch ISD and Coppell ISD had been received, although some salaries were less than stated in the grant applications. The Finance Director made the necessary adjustments, and all checks have been released. Item 5. Authority and responsibilities of the 379A Corporation. Mayor Douglas N. Stover addressed the board and stated that the City Council had voted unanimously at the Council Meeting on August 12, 2003 to support a Policy Statement regarding the Procedures and Authority of the Coppell Education Development Corporation. Mayor Stover distributed the Policy Statement to all Board Members, and emphasized that the CEDC was responsible for making sure that grant applications meet the 379A guidelines, adhere to all administrative requirements, and address one of the three instructional subjects of eligible funding; i.e., foreign languages, literacy, and career technology. Mayor Stover said the CEDC was not authorized as a quasi-school board, and any such issues regarding how grants were being utilized should be addressed directly to the school board. Mayor Stover then read the Policy Statement in its entirety, and a copy is attached to these minutes. Item 6. Review and consider approval of grant application for printed reading material from Carrollton-Farmers Branch Independent School District. There were no questions or discussion. David Hermanski made a motion to approve the grant, and Peggy Quinn seconded. The motion passed unanimously. Item 7. Review and consider approval of grant application for a half-time instructional support person from Carrollton-Farmers Branch Independent School District. Peggy Quinn asked why more money was not requested, and Holly Barber, Principal of Riverchase Elementary, stated that there were other schools in the Carrollton-Farmers Branch ISD system that had students attending from Coppell that were also eligible for funds. Peggy Quinn moved to approve the grant, and Valerie Strong seconded. The vote to approve the motion was unanimous. Item 8. Review and consider approval of grant application for Pre-K to 12th Grade English as a Second Language from Coppell Independent School District. After some discussion regarding ESL Valerie Strong made a motion to accept the grant, and Tony Dickensheets seconded. Quinn, Dickensheets and Strong voted for the motion, Hermanski and Brock voted against. Coker abstained. The motion failed. Adjournment The meeting was adjourned at 7:50 p.m. Respectfully submitted, Katherine Bowling Recording Secretary _______________________________________________ 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 Coppell Independent School District (the “CISD”), 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 CISD has submitted a grant application No. 2003-E01 to provide funding for English as a Second Language Teachers (the PROJECT), which is designed to develop proficiency in the English language for those students who enter the district as either non-English speaking or limited English speaking; and WHEREAS, the PROJECT will provide limited English proficient students skills that will enable them to successfully complete their education and is a part of a comprehensive education program that takes into account the students' social, educational, and personal backgrounds, as well as their existing skills and knowledge; and WHEREAS, CISD is in need of funding the salaries for 17 certified English as a Second Language Teachers and two instructional aides, and seeks the assistance of the CEDC for such assistance; and WHEREAS, the CITY has determined that making an education development grant to the CISD in accordance with this AGREEMENT will further the objectives of the CITY, will benefit the CITY and the CITY’S inhabitants and will promote literacy 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: _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 2 GENERAL PROVISIONS 1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to provide the CISD an education development grant (the “GRANT”) in the amount of Eight Hundred Sixteen Thousand Three Hundred Dollars and no cents ($816,300.00). 2.CISD agrees to utilize the GRANT to fund the salaries of 17 English as a Second Language Teachers and two instructional aides for all affected and eligible CISD campuses. 3.CITY agrees to provide the GRANT of Eight Hundred Sixteen Thousand Three Hundred Dollars and no cents ($816,300.00) funds payable on a quarterly basis with the first payment to be made on or before November 1, 2003. 4. On a quarterly basis beginning no later than February 1, 2004 the CISD shall submit a detailed list of expenditures for this GRANT to the CEDC. The detailed list shall include, but not limited to, all personnel costs. CISD shall also submit no later than sixty (60) days after the close of school year the number of students served, grade levels actually served, and any changes in personnel during the period covered by this GRANT. 5. In the event the CISD breaches any of the terms of this AGREEMENT or fails to use the GRANT for the purposes set forth herein, then the CISD, 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 CISD 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 CISD of any obligations under this AGREEMENT, the CITY shall notify the CISD in writing, who shall have thirty (30) days from receipt of the notice in which to cure such default. If CISD 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 CISD. 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 CISD, 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. CISD 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 CISD’S performance of the conditions under this AGREEMENT. _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 3 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, 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: ______________________________________ Print Name: ________________________________ 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 _______________________________________________ COPPELL EDUCATION DEVELOPMENT GRANT Page 4 ATTEST: By: ______________________________________ SIGNED this ______ day of ________________, 2003. COPPELL INDEPENDENT SCHOOL DISTRICT By: ______________________________________ DR. JEFF TURNER, SUPERINTENDENT Coppell Independent School District 200 S. Denton Road Coppell, Texas 75019 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 ___________________________ of Coppell Education Development Corporation, on behalf of said Corporation. Notary Public, State of Texas My Commission expires: COPPELL INDEPENDENT SCHOOL DISTRICT STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _______ day of ___________, 2003, by Dr. Jeff Turner, Superintendent of Coppell Independent School District, on behalf of said District. ____________________________________ Notary Public, State of Texas My Commission expires: _______________________ DEPT: City Manager DATE: August 26, 2003 ITEM #: 13 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of a request by Eagle Equity, Inc., owners of Braewood Shopping Center, regarding an exception to the Subdivision Ordinance concerning asphalt overlay to parking lots. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: DIR. REVIEW: FIN. REVIEW: CM REVIEW: Agenda Request Form - Revised 09/02 Document Name: !Braewood DEPT: City Manager DATE: August 26, 2003 ITEM #: 14 AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an ordinance amending the Code of Ordinances to reflect changes in State law regarding carrying of a concealed handgun by a license holder on property owned by a governmental entity, 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: !Weapons Page 1 57417 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. _________________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 9, SECTION 9-3-2, “POSSESSING OR CARRYING WEAPONS”, SUBSECTION C.1., TO REFLECT CHANGES IN STATE LAW EFFECTIVE SEPTEMBER 1, 2003 THAT PROHIBIT A MUNICIPALITY FROM REGULATING THE CARRYING OF A CONCEALED HANDGUN BY A LICENSE HOLDER ON PROPERTY OWNED OR LEASED BY A GOVERNMENTAL ENTITY EXCEPT ANY GOVERNMENTAL COURT OR OFFICES UTILIZED BY THE COURT; PROVIDING A REPEALING, SEVERABILITY AND A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the 78th legislature of the State of Texas has amended Section 30.06 and Section 46.03 of the TEXAS PENAL CODE; and, WHEREAS, a municipality may not prohibit a concealed handgun license holder from carrying a concealed handgun on the property owned by a governmental entity, except for the municipal court and any offices utilized by the court; and, WHEREAS, Sec. 9-3-2 of the City of Coppell Code of Ordinances, Subsection C.1. prohibits a licensed holder from carrying a handgun on premises of the City of Coppell; and, WHEREAS, the City Council has determined that said subsection is in conflict with state law and that the Code of Ordinances must be amended to reflect the change in state law NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1.That Chapter 9 of the Code of Ordinances of the City for Coppell is hereby amended by amending Section 9-3-2, subsection (C)(1), by repealing the language in its entirety and replacing the same with similar language in compliance with state law, which shall read as follows: "Sec. 9-3-2. Possessing or carrying weapons. . . . . . C. No person, including a license holder, may carry a handgun on or about his person: 1. On the premise of the municipal court building of the City of Coppell; or . . . . ." SECTION 2.That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other Page 2 57417 provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3.That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4.That this ordinance shall take effect immediately from and after its passage and publication as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas on this the ___ day of ______________, 2003. APPROVED: __________________________________________ DOUGLAS N. STOVER, MAYOR ATTEST: _______________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ___________________________________ ROBERT E. HAGER, CITY ATTORNEY (JJG/cdb 7/28/03) DATE: August 26, 2003 ITEM #: 15 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork DATE: August 26, 2003 ITEM #: 16 AGENDA REQUEST FORM MAYOR AND COUNCIL REPORTS A. Repor t by Mayor Stover regarding DFW Board Meeting for Host Cities. B. Repor t by Mayor Pro Tem Peters regarding the Texas 2003 Transpor tation Summit and Regional Transpor tation Summit. C. Repor t by Mayor Pro Tem Peters regarding the Election for Statewide Constitutional Amendments to be held September 13, 2003. Agenda Request Form - Revised 09/02 Document Name: %mayorreport DATE: August 26, 2003 ITEM #: 17 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 DATE: August 26, 2003 ITEM #: 18 AGENDA REQUEST FORM NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec