CP 2004-01-27
NOTICE OF CITY COUNCIL MEETING AND AGENDA
JANUARY 27, 2004
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, Januar y 27, 2004, at 5:30 p.m. for
Executive Session, Work Session will follow immediately thereafter, and Regular
Session will begin at 7:00 p.m. to be held at Town Center, 255 Parkway
Boulevard, Coppell, Texas.
As authorized by Section 551.071(2) of the Texas Government Code, this meeting
may be convened into closed Executive Session for the purpose of seeking
confidential legal advice from the City Attorney on any agenda item listed herein.
The City of Coppell reser ves the right to reconvene, recess or realign the Work
Session or called Executive Session or order of business at any time prior to
adjournment.
The purpose of the meeting is to consider the following items:
ITEM # ITEM DESCRIPTION
REGULAR SESSION (Open to the Public)
1. Call to order.
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ITEM # ITEM DESCRIPTION
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.072, Texas Government Code - Deliberation regarding
Real Proper ty.
1. Discussion regarding the sale of city proper ty west of Coppell
Road and south of Bethel Road.
2. Discussion regarding the sale of city proper ty east of Freepor t
Parkway and south of Bethel Road.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding NFPA 1710/ISO Rating.
B. Discussion regarding Legislative Voting Procedures.
C. Discussion regarding Coppell Baseball Association.
D. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Invocation.
5. Pledge of Allegiance.
6. Citizen's Appearances.
CONSENT AGENDA
7. Consider approval of the following consent agenda items:
A. Consider approval of minutes: January 13, 2004.
B. Consider approval of a Resolution of the city of Coppell, Texas,
agreeing to take a leadership role in assisting Nor th Texas to attain
federal clean air standards for ozone by reducing emissions from its
diesel-fueled vehicles and equipment and by incorporating fur ther
energy efficiency measures in its buildings and facilities, and
authorizing the Mayor to sign.
C. Consider an appointment to fill the unexpired Regular term on the
Keep Coppell Beautiful Committee, ter m to expire October, 2004.
D. Consider approval of the Board of Adjustment Amended By-Laws, as
approved by the Board of Adjustment on November 6, 2004.
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ITEM # ITEM DESCRIPTION
E. Consider approval of the Building and Standards Commission By-
Laws, as approved by the Building and Standards Commission on
December 4, 2003.
F. Consider approval of Coppell Economic Development Committee
Amended By-Laws as approved by the Coppell Economic
Development Committee on Januar y 7, 2004.
G. Consider approval of the Annual Standards of Care for Day Camp
Programs and authorizing the Mayor to sign.
H. Consider approval of extending Bid/Contract #Q-0101-03 for the FY
2003/04 Sidewalk Replacement Program to Quantum Contracting,
Inc. in an amount not to exceed $100,000, as budgeted in the
Infrastructure Maintenance Fund.
I. Consider approval of a contract for architectural ser vices from
Phillips Swager Associates, Dallas, TX for the recarpet/remodel
project for the William T. Cozby Public library in the amount of
$74,000.00, as budgeted, and authorizing the City Manager to sign.
J. Consider approval of a Service Agreement with DataProse Inc. to
perfor m the monthly water bill printing, folding, inser ting, presor ting
and postage, at a total cost of approximately $0.465 per printed bill
and authorizing the City Manager to sign.
K. Consider approval of a resolution amending the existing contract for
collection of delinquent taxes between the City of Coppell and
Nichols, Jackson, Dillard, Hager & Smith, LLP and Linebarger,
Goggan, Blair & Sampson, LLP, and authorizing the Mayor to sign the
resolution and the City Manager to sign the contract.
END OF CONSENT
8. Consider approval of the Comprehensive Annual Financial Repor t for the
fiscal year ended September 30, 2003.
9. Consider approval of an Ordinance to amend Ar ticle 3-5 of Chapter 3 of
the Code of Ordinances by amending code section 3-5-2; Adding thereto a
new section 3-5-13 “Yard Trimmings Recycling” providing regulations
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ITEM # ITEM DESCRIPTION
concerning an additional recycling service and authorizing the Mayor to
sign.
10. PUBLIC HEARING:
Consider approval of an Ordinance to amend Chapter 9 of the City of
Coppell Code of Ordinances by adding Ar ticle 9-22, Sections 9-22-1
through 9-22-5 to establish a Municipal Drainage Utility System; and
authorizing the Mayor to sign.
11. Necessary action resulting from Work Session.
12. Mayor and Council Repor ts.
A. Repor t by Councilmember Suhy regarding Coppell Youth Leadership.
13. 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.
14. Necessary Action Resulting from Executive Session.
Adjournment.
________________________________
Douglas N. Stover, Mayor
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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 _________________,
2004, at __________________.
________________________________
Libby Ball, City Secretar y
DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE
ON THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC
DOCUMENTS, COUNCIL PACKETS.
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 ser vices (i.e. sign interpretative services, alternative
audio/visual devices, and amanuenses) for par ticipation 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 for ty-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
Carr ying 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 ar ma de fuego oculta, adentro de este edificio, o en
cualquier junta oficial de politica en la ciudad de Coppell.
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KEY TO COUNCIL GOALS ICONS
2004
Economic Development
• Focus on development "Hot Spots"
• Develop comprehensive business retention plan
• Develop partnerships to revitalize vacant retail properties
• Make next level decisions on Old Coppell
Quality Public Facilities & Infrastructure
• Maintain and increase IMF funding as required
• Maintain quality of public facilities
• Provide quality park and recreation activities for all
• Strategically plan for community's future water needs
Excellent City Services & High Citizen Satisfaction
• Finalize assessment of Fire Department needs
• Focus on employee retention
• Timely responsiveness with quality delivery of service
• Provide for feedback opportunities for and input from citizens
Sense of Community
• Develop and support community special events
• Develop and support activities and programs for teens
• Create opportunities for citizen involvement
• Assess and finalize decision on community cemetery
Fiscal Stability
• Continue systematic reduction and management of debt
• Continue and improve financial planning and forecasting
• Ensure community can financially maintain what had been developed
• Continue to diversify the City's tax base
Neighborhood Integrity
• Focus on code enforcement
• Proactively monitor neighborhoods
• Develop a communication plan with Home Owner Associations
• Update Master Plan and zoning to ensure consistency
Effective Transportation
• Reduce traffic congestion
• Make policy decisions on regional transportation/DART
• Support transortation issues related to air quality
• Continue public education on regional transportation issues
Safe Community
• Maintain and improve on existing safety levels
• Raise awareness and support for Homeland Security
• Provide quality public safety education programs
• Enhance traffic control efforts
DATE: January 27, 2004
ITEM #: ES-2
AGENDA REQUEST FORM
EXECUTIVE SESSION
A. Section 551.072, Texas Government Code - Deliberation regarding Real Property.
1. Discussion regarding sale of city property west of Coppell Road and south of Bethel
Road.
2. Discussion regarding the sale of city property east of Freeport Parkway and south of
Bethel Road.
CM REVIEW:
Agenda Request Form - Revised 10/02 Document Name: %executivesession
DATE: January 27, 2004
ITEM #: WS-3
AGENDA REQUEST FORM
WORK SESSION
A. Discussion regarding NFPA 1710/ISO Rating.
B. Discussion regarding Legislative Voting Procedures.
C. Discussion regarding Coppell Baseball Association.
D. Discussion of Agenda Items.
CM REVIEW:
Agenda Request Form - Revised 10/02 Document Name: %worksession
DATE: January 27, 2004
ITEM #: 6
AGENDA REQUEST FORM
CITIZENS' APPEARANCES
ORDINANCE NO. 2001-964
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND
PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE
FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR
CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting City
Council Meetings," be, and the same is hereby, amended to read as follows:
"ARTICLE 1-10
RULES, TIMES AND PROCEDURES FOR CONDUCTING
CITY COUNCIL MEETINGS
". . .
1-10-6.2.1 CITIZENS APPEARANCE
Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign
a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers,
and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting.
Each speaker must state his or her name and address of residence. Presentations by individuals during the
"Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for
an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a
cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who
signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the
provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor,
individual, group or corporation (Charter Article 3, Section 3.12).
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork
DEPT: City Secretary
DATE: January 17, 2004
ITEM #: 7/A
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of minutes: January 13, 2004.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: %minutes
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MINUTES OF JANUARY 13, 2004
The City Council of the City of Coppell met in Regular Called Session on Tuesday,
January 13, 2004, 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 Work Session.
WORK SESSION (Open to the Public)
2. Convene Work Session
A. Discussion regarding a Municipal Drainage Utility System Fee.
B. Discussion regarding the design of Bethel Road (from Denton Tap
Rd. to Freeport Parkway) and a portion of Coppell Rd. (from
Bethel Rd. north to Cooper Lane).
C. Comments regarding City of Coppell Bond Rating Procedures.
D. Discussion regarding the upcoming Citizen Summit.
E. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
3. Invocation.
Pastor Ken Hovland, Rejoice Luther Church led those present in the Invocation.
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4. Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
5. Consider approval of a proclamation naming the month of January, 2004
SCHOOL BOARD RECOGNITION MONTH, and authorizing the
Mayor to sign.
Presentation:
Mayor Stover read the Proclamation for the record and presented the same to
representatives from Coppell Independent School District, Carrollton/Farmers
Branch Independent School District, and Lewisville Independent School District.
Action:
Councilmember Raines moved to approve a proclamation naming the month of
January, 2004 SCHOOL BOARD RECOGNITION MONTH, and authorizing the
Mayor to sign. Councilmember Faught 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.
6. Citizens' Appearances.
There was no one signed up to speak under this item.
CONSENT AGENDA
7. Consider approval of the following consent agenda items:
A. Consider approval of minutes: December 9, 2003.
B. Consider accepting resignation of John Valentine from the Keep
Coppell Beautiful Committee.
C. Consider approval of revised bylaws for the Coppell Education
Development Corporation.
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D. Consider approval of payment to Dallas County for the City of
Coppell’s 20 percent share of the Congestion Mitigation and Air
Quality Improvement project at the intersection of MacArthur
Blvd. and Belt Line Rd. in the amount of $51,477.98, as provided
for in Capital Improvement Funds.
Land Use and Development
E. Consider approval of an Ordinance to amend the Land Use Plan of
the 1996 Comprehensive Master Plan to reflect existing zoning/land
uses on the following properties: a portion of Northlake Estates
(Howell and Bullock Drives) from Mixed Use to Medium Density
Residential and the east side of Denton Tap, north of Belt Line
Road from Light Industrial/Showroom to Mixed Use, and
authorizing the Mayor to sign.
F. Consider approval of an Ordinance to amend the Land Use Plan of
the 1996 Comprehensive Master Plan from Regional Retail and
Light Industrial/Showroom to Freeway Commercial, and change
the zoning of Case No. ZC-611(CH), from LI (Light Industrial) to
HC (Highway Commercial) on approximately 58.6 acres of
property located east of S.H 121 north and south of Sandy Lake
Road, and authorizing the Mayor to sign.
G. Consider approval of an Ordinance to amend the Land Use Plan of
the 1996 Comprehensive Master Plan from Light
Industrial/Showroom and Public/Institutional to Freeway
Commercial on approximately 114.7 acres of property south of S.H.
121; between Business S.H. 121 and the Magnolia Park
subdivision, and a zoning change for Case No. ZC-613(CH), from
LI (Light Industrial) to HC (Highway Commercial) on
approximately 93.8 acres of property located south of S.H. 121,
between Business S.H. 121 and the existing 23.2 acres of Retail
property west of Magnolia Park, and authorizing the Mayor to
sign.
H. Consider approval of an Ordinance to amend the Land Use Plan of
the 1996 Comprehensive Master Plan from Light
Industrial/Showroom to Freeway Commercial, and zoning change
for Case No. ZC-614(CH), from LI (Light Industrial) to HC
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(Highway Commercial) on approximately 32.6 acres of property
located north of S.H. 121, between Business S.H. 121 and Coppell
Greens, and authorizing the Mayor to sign.
I. Consider approval of an Ordinance to amend the Land Use Plan of
the 1996 Comprehensive Master Plan from Light
Industrial/Showroom to Mixed Use, and change the zoning for
Case No. ZC-615(CH), from LI (Light Industrial) to HC (Highway
Commercial) on 35.5 acres of property located east of MacArthur,
south of Lake Vista Drive, and authorizing the Mayor to sign.
J. Consider approval of an Ordinance to amend the Land Use Plan of
the 1996 Comprehensive Master Plan to enlarge the Historic
Overlay district to reflect the recommendation in the Old Coppell
Master Plan, and zoning change for Case No. ZC-616(CH), Old
Coppell (HO Designation), to modify the boundaries of the HO
(Historic Overlay), including zoning changes on Tract 1 from PD-
119-SF-9 (Planned Development-119-Single Family-9) to HO-PD-
119-SF-9 on approximately 3.87 acres; Tract 2 from PD-108-LI and
R (Planned Development-108-Light Industrial and Retail) to HO-
PD-108-LI and HO-R on approximately 71.46 acres; Tract 3 from R
(Retail) to HO-R on approximately 1.97 acres, Tract 4 from LI
(Light Industrial) to HO-LI on approximately 3.88 acres, and
authorizing the Mayor to sign.
K. Consider approval of an Ordinance for Case No. PD-185R-LI,
Coppell Industrial Addition (Tradepoint), zoning change on 98.84
acres of property from PD-185-LI to PD-185R-LI to attach a Detail
Site Plan to allow for an approximate 350,183 square-foot
expansion to the existing 600,000 square-foot building on Lot 1R
and the development of an approximate 952,094 square-foot
office/warehouse building on Lot 2 located 50’ east of Royal Lane;
north of Bethel Road, and authorizing the Mayor to sign.
L. Consider approval of an Ordinance for Case No. S-1198R2,
Assured Self Storage, zoning change from LI-S-1198R (Light
Industrial-Special Use Permit-1198 Revised) to LI-S-1198R2 (Light
Industrial-Special Use Permit-1198 Revision 2), to amend the Site
Plan to allow for additional attached signage for an existing 75,000
square-foot mini-warehouse facility on 4.83 acres of property
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located at 1751 E. Belt Line Road, and authorizing the Mayor to
sign.
Resolutions
M. Consider approval of a resolution authorizing the filing of a
project funding application with the North Central Texas Council
of Governments for a regional solid waste program local project,
and authorizing the Mayor to sign.
Action:
Councilmember Suhy moved to approve Consent Agenda Items A, B, C, D, E
carrying Ordinance No. 91500-A-359, F carrying Ordinance 91500-A-360, G
carrying Ordinance No. 91500-A-361, H carrying Ordinance No. 91500-A-362, I
carrying Ordinance No. 91500-A-363, J carrying Ordinance No. 91500-A-364, K
carrying Ordinance No. 91500-A-365, L carrying Ordinance No. 91500-A-366 and
M carrying Resolution No. 2004-0113.1. Councilmember York 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.
At this time the Mayor spoke on Item 21A. See that item for minutes.
8. Consider approval of award of a bid to Dean Construction for the
development of Practice Areas at Wagon Wheel Park in an amount not to
exceed $1,294,011.00, and authorizing the City Manager and the
President of the Coppell Recreation Development Corporation to sign.
Presentation:
Brad Reid, Director of Parks and Recreation, made a presentation to Council.
Action:
Councilmember Tunnell moved to approve awarding a bid to Dean Construction
for the development of Practice Areas at Wagon Wheel Park in an amount not to
exceed $1,294,011.00, and authorizing the City Manager and the President of the
Coppell Recreation Development Corporation to sign. Councilmember Raines
seconded the motion, the motion carried 7-0 with Mayor Pro Tem Peters and
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Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York voting in
favor of the motion.
9. PUBLIC HEARING:
Consider approval of Case No. S-1210-C, Subway Restaurant, zoning
change from PD-157R6-C (Planned Development-157 Revision 6-
Commercial) to PD-157R6-C-S-1210 (Planned Development-157 Revision
6-Commercial-Special Use Permit-1210), to allow the operation of an
approximate 1,500 square-foot restaurant to be located at 809 S.
MacArthur (southwest corner of Belt Line Road and MacArthur
Boulevard).
Presentation:
Gary Sieb, Director of Planning, made a presentation to Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had signed up
to speak on this proposal.
Action:
Councilmember York moved to close the Public Hearing and approve Case No.
S-1210-C, Subway Restaurant, zoning change from PD-157R6-C (Planned
Development-157 Revision 6-Commercial) to PD-157R6-C-S-1210 (Planned
Development-157 Revision 6-Commercial-Special Use Permit-1210), to allow the
operation of an approximate 1,500 square-foot restaurant to be located at 809 S.
MacArthur (southwest corner of Belt Line Road and MacArthur Boulevard)
subject to the following conditions:
1. The property shall be developed in accordance with the site
plan, floor plan and sign plan; and
2. The hours of operation shall not exceed 10 a.m. to 10 p.m.
seven days a week.
Councilmember Faught 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.
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10. PUBLIC HEARING:
Consider approval of Case No. S-1212-LI, Pump it Up, zoning change
from LI (Light Industrial) to S-1212-LI (Special Use Permit-1212- Light
Industrial), to allow the operation of an approximate 16,800 square-foot
indoor recreation/entertainment center to be located at 1405 S. Beltline
Road.
Presentation:
Gary Sieb, Director of Planning, made a presentation to Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had signed up
to speak on this proposal.
Action:
Councilmember Faught moved to close the Public Hearing and approve Case
No. S-1212-LI, Pump it Up, zoning change from LI (Light Industrial) to S-1212-LI
(Special Use Permit-1212 Light Industrial), to allow the operation of an
approximate 16,800 square-foot indoor recreation/entertainment center to be
located at 1405 S. Beltline Road subject to the following condition:
1. All development will be in accordance with the revised site
plan and sign exhibit.
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.
11. PUBLIC HEARING:
Consider approval of Case No. PD-163R2-SF-9, Windsor Estates, zoning
change from PD-163R (Planned Development 163-Revised-Single
Family-9) to PD-163R2-SF-9 (Planned Development 163-Revision 2-
Single Family-9) to allow: replatting Lots 4&5, Block B, into one lot;
reducing the fence/building line on Lot 1, Block B (612 St. James) from
25 to 15 feet along DeForest Road; revising the size of the common areas
(Lots 1X and 19X, Block A); revising the size of Lots 1, 2, 14, 16 and 17,
Block A; renaming Lot 15 to Lot 15X, and revising the 100-year Flood
Plain line.
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EXECUTIVE SESSION (Closed to the Public)
Convene Executive Session
Section 551.071, Texas Government Code – Consultation with City
Attorney.
Mayor Stover convened into Executive Session at 8:23 p.m. as allowed under the
above-stated article. Mayor Stover adjourned the Executive Session at 8:37 p.m.
and reopened the Regular Session.
REGULAR SESSION (CONTINUED) (Open to the Public)
Presentation:
Gary Sieb, Director of Planning, made a presentation to Council.
Kelly Jordon, 929 DeForest Road, Applicant, spoke to Council.
Marty Watkins, 612 St. James, addressed Council regarding his portion of this
item.
Public Hearing:
Mayor Stover opened the Public Hearing and called for those signed up to speak
in favor of this item. Roger Carlisle, 930 DeForest and Samuel Patel, 932
Brentwood, spoke in favor of this item. There was no one wishing to speak
against this item.
EXECUTIVE SESSION (Closed to the Public)
Convene Executive Session
Section 551.071, Texas Government Code – Consultation with City
Attorney.
Mayor Stover convened into Executive Session at 9:02 p.m. as allowed under the
above-stated article. Mayor Stover adjourned the Executive Session at 9:10 p.m.
and reopened the Regular Session.
REGULAR SESSION (CONTINUED) (Open to the Public)
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Action:
Councilmember Suhy moved to close the Public Hearing and approve Case No.
PD-163R2-SF-9, Windsor Estates, zoning change from PD-163R (Planned
Development 163-Revised- Single Family-9) to PD-163R2-SF-9 (Planned
Development 163-Revision 2-Single Family-9) to allow: replatting Lots 4&5,
Block B, into one lot; revising the size of Lots 1, 2, 14, 16 and 17, Block A;
renaming Lot 15 5o Lot 15X, and revising the 100-year Flood Plain line subject to
the following conditions:
1. Provision of an “as-built” survey of the landscaping in Lot
19X in relation to the existing R.O.W.’s and property lines;
2. A PD condition that specifically states, and graphically
illustrates, that the HOA will be maintaining 775-square feet
of land within the previously dedicated R.O.W. for DeForest
Road, and License Agreement being approved by City
Council; and
3. And to follow the Planning and Zoning Commission
recommendations to deny reducing the fence/building line
on Lot 1, Block B (612 St. James) from 25 to 15 feet along
DeForest Road.
Councilmember York 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.
12. PUBLIC HEARING:
Consider approval of the Windsor Estates, Replat, to allow: replatting
Lots 4&5, Block B, into one lot; reducing the fence/building line on Lot 1,
Block B (612 St. James) from 25 to 15 feet along DeForest Road; revising
the size of the common areas (Lots 1X and 19X, Block A); revising the
size of Lots 1, 2, 14, 16 and 17, Block A; renaming Lot 15 to Lot 15X, and
revising the 100-year Flood Plain line.
Presentation:
Gary Sieb, Director of Planning, made a presentation to Council.
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Public Hearing:
Mayor Stover opened the Public Hearing and called for those signed up to speak
in favor of this item. Roger Carlisle, 930 DeForest spoke in favor of this item.
There was no one wishing to speak against this item.
Action:
Councilmember Tunnell moved to close the Public Hearing and approve the
Windsor Estates, Replat, to allow: replatting Lots 4&5, Block B, into one lot;
revising the size of the common areas (Lots 1X and 19X, Block A); revising the
size of Lots 1, 2, 14, 16 and 17, Block A; renaming Lot 15 to Lot 15X, and revising
the 100-year Flood Plain line with the Planning and Zoning Commission
recommendations to deny reducing the fence/building line on Lot 1, Block B
(612 St. James) from 25 to 15 feet along DeForest Road.. Councilmember Faught
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.
13. PUBLIC HEARING:
Consider approval of Case No. PD-131R5-SF-12, The Estates of
Cambridge Manor, Lot 7, Block B, zoning change from PD-131R-SF-12
(Planned Development 131-Revised-Single Family-12) to PD-131R5-SF-
12 (Planned Development 131-Revision 5-Single Family-12), to allow a
reduction of the required rear yard from 20 feet to 12 feet to allow the
expansion of the existing home located at 829 Kings Canyon Court.
Presentation:
Gary Sieb, Director of Planning, made a presentation to Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had signed up
to speak on this proposal.
Action:
Councilmember Faught moved to close the Public Hearing and approve Case
No. PD-131R5-SF-12, The Estates of Cambridge Manor, Lot 7, Block B, zoning
change from PD-131R-SF-12 (Planned Development 131-Revised-Single Family-
12), to allow a reduction of the required rear yard from 20 feet to 12 feet to allow
CM011304
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the expansion of the existing home located at 829 Kings Canyon Court. Mayor
Pro Tem Peters seconded the motion, the motion carried 4-3 with Mayor Pro Tem
Peters and Councilmembers Brancheau, Raines, and Faught voting in favor of
the motion and Councilmembers Tunnell, Suhy and York voting against the
motion.
14. Consider approval of the St. Andrews Estates, Lots 1 through 24X, Block
2, Final Plat, to allow a 23-lot single-family subdivision, and one
common area lot, on approximately 10 acres of property located along
the north side of DeForest Road between Prestwick Court and Stratford
Lane.
Presentation:
Gary Sieb, Director of Planning, made a presentation to Council.
Pete Hennessey, Engineer on project, addressed questions from Council.
Action:
Councilmember Brancheau moved to approve the St. Andrews Estates, Lots 1
through 24X, Block 2, Final Plat, to allow a 23-lot single-family subdivision, and
one common area lot, on approximately 10 acres of property located along the
north side of DeForest Road between Prestwick Court and Stratford Lane subject
to the following conditions:
1. All conditions of the preliminary plat are followed. (See
letter to applicant dated September 10, 2003.);
2. Tree mitigation plan will be followed (reference John Elias e-
mail) and a reforestation Fee in the amount of $11,800 will be
paid;
3. Homeowners Association will be formed to maintain all
common property; and
4. Resolve outstanding floodplain and drainage issues with
Engineering.
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Page 12 of 18
Councilmember York 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.
15. Consider approval of the Coppell/121 Office Park, Preliminary Plat, to
allow the development of an office park on 8.38 acres of property located
along the north side of S.H. 121, approximately 875 feet west of Denton
Tap Road.
Presentation:
Gary Sieb, Director of Planning, made a presentation to Council.
Action:
Councilmember York moved to approve Items 15, 16 and 17.
Item 15:
The Coppell/121 Office Park, Preliminary Plat, to allow the development of an
office park on 8.38 acres of property located along the north side of S.H. 121,
approximately 875 feet west of Denton Tap Road subject to the following
conditions:
1. Contact Jeff Curry at 972-570-4126 to discuss electric
easement requirements;
2. All work taking place within TxDOT right-of-way must be
approved and permitted by TxDOT;
3. All work must be coordinated with the construction of the
main lanes of S.H. 121;
4. Drainage issues will continue to be evaluated during
engineering review; and
5. Additional easements and/or utilities may be deemed
necessary during engineering review.
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Item 16:
The Coppell/121 Office Park, Lot 2, Site Plan, to allow the development of an
approximate 8,288 square-foot one-store office building on 1.1 acres of property
located along the north side of S.H. 121, approximately 1,134 feet west of Denton
Tap Road subject to the following conditions:
1. All work must be coordinated with the construction of main
lanes of S.H. 121;
2. During engineering review, additional easements and/or
utilities may be deemed necessary, and drainage issues will
continue to be evaluated;
3. The deceleration lane of S.H. 121 must be constructed with
the phase. All work, including this lane, must be permitted
by TxDOT and constructed according to their standards;
4. The proposed waterline from Denton Tap Road will have to
cross an open drainage channel. Provide a profile of this
area with the engineering plans; and
5. Ensure the Landscape Plan reflects the proposed $7,070 in
landscaping with the fourteen (14) 30-gallon Austrian Pines
in the 10’ landscape area on the northern property line.
Item 17:
The Coppell/121 Office Park, Lot 2, Final Plat, to allow the development of an
approximate 8,288 square-foot one-story office building on 1.1 acres of property
located along the north side of S.H. 121, approximately 1,134 feet west of Denton
Tap Road subject to the following conditions:
1. Contact Jeff Curry at 972-570-4126 to discuss electric
easement requirements;
2. Additional utility easements and utility requirements may
be identified during engineering review; and
3. Provide separate instruments for all off-site easements prior
to plat recordation.
CM011304
Page 14 of 18
Councilmember Faught 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.
16. Consider approval of the Coppell/121 Office Park, Lot 2, Site Plan, to
allow the development of an approximate 8,288 square-foot one-story
office building on 1.1 acres of property located along the north side of
S.H. 121, approximately 1,134 feet west of Denton Tap Road.
This item was considered under Item 15. See Item 15 for minutes.
17. Consider approval of the Coppell/121 Office Park, Lot 2, Final Plat, to
allow the development of an approximate 8,288 square-foot one-story
office building on 1.1 acres of property located along the north side of
S.H. 121, approximately 1,134 feet west of Denton Tap Road.
This item was considered under Item 15. See Item 15 for minutes.
18. Consider approval of an Ordinance for Case No. PD-197R, Old Coppell
Townhomes, zoning change from PD-197-HO-TH-1/C (Historic Overlay-
Townhouse–1/Commercial) to PD-197R-HO-TH-1/C (Planned
Development-197 Revised-Historic Overlay-Townhouse-1/Commercial)
to attach a Detail Site Plan to allow the development of 19 townhouses
and a recreation area on approximately 2.9 acres of property located
along the east side of Coppell Road, north of Bethel Road, and
authorizing the Mayor to sign.
Councilmember Faught, having filed with the City Secretary a Conflict of Interest
Affidavit regarding Item 18, left Council Chambers at this point.
Presentation:
Gary Sieb, Director of Planning, made a presentation to Council.
Action:
Councilmember York moved to approve Ordinance No. 91500-A-367 for Case
No. PD-197R, Old Coppell Townhomes, zoning change from PD-197-HO-TH-
1/C (Historic Overlay-Townhouse-1/Commercial) to PD-197R-HO-TH-1/C
CM011304
Page 15 of 18
(Planned Development-197 Revised-Historic Overlay-Townhouse-1/
Commerical) to attach a Detail Site Plan to allow the development of 19
townhouses and a recreation area on approximately 2.9 acres of property located
along the east side of Coppell Road, north of Bethel Road, and authorizing the
Mayor to sign. Councilmember Tunnell seconded the motion, the motion carried
5-1 with Councilmembers Brancheau, Raines, Tunnell, Suhy and York voting in
favor of the motion and Mayor Pro Tem Peters voting against the motion.
Councilmember Faught reentered Council Chambers and took his place at the
dais at this time.
19. Consider approval to reconsider Ordinance No. 2003-1063 amending the
Code of Ordinances by amending Chapter 9, Article 902, Fence
Regulations, by amending Section 9-2-7, Materials, to allow vinyl
fencing and prohibit chain-link fence, in residentially-zoned districts;
and authorizing the Mayor to sign.
Presentation:
Jim Witt, City Manager, made a presentation to Council.
EXECUTIVE SESSION (Closed to the Public)
Convene Executive Session
Section 551.071, Texas Government Code – Consultation with City
Attorney.
Mayor Stover convened into Executive Session at 10:07 p.m. as allowed under the
above-stated article. Mayor Stover adjourned the Executive Session at 10:18 p.m.
and reopened the Regular Session.
REGULAR SESSION (CONTINUED) (Open to the Public)
Action:
Mayor Pro Tem Peters moved to reconsider Ordinance No. 2003-1063 amending
the Code of Ordinances by amending Chapter 9, Article 902, Fence Regulations,
by amending Section 9-2-7, Materials, to allow vinyl fencing and prohibit chain-
link fence, in residentially-zoned districts; and authorizing the Mayor to sign
with the following amendment:
CM011304
Page 16 of 18
Move to amend this ordinance by removing vinyl from Section B and placing
vinyl fences in prohibited materials in Section C and by removing all other
references to vinyl fencing and by including the statement that colors for all
approved fences shall be limited to black and earth tone colors only for wood
fences and black, off-white and earth tones for wrought iron and painted metal
and no painted masonry fences.
Councilmember Tunnell seconded the motion, the motion carried 5-2 with
Mayor Pro Tem Peters and Councilmembers Brancheau, Tunnell, Suhy and York
voting in favor of the motion and Councilmembers Raines and Faught voting
against the motion.
20. Necessary action resulting from Work Session.
There was no action necessary under this item.
21. Mayor and Council Reports.
A. Report by Mayor Stover regarding Metroplex Mayors' Meeting.
B. Report by Councilmember Faught regarding "Make a Child
Smile."
C. Report by Councilmember Tunnell regarding National League of
Cities.
A. Mayor Stover updated Council on the Metroplex Mayors’ Meeting he and
Jim Witt, City Manager, attended on Tuesday, January 13th and the
discussion was regarding Air Quality.
B. Councilmember Faught thanked Allana Lamberth, City Secretary
Department, and all staff members who assisted with the Make A Child
Smile Program.
C. Councilmember Tunnell reported on the National League of Cities
meeting that she attended.
22. 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.
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Page 17 of 18
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. North 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 Advisory Commission - Councilmember Raines.
A. There was nothing to report on this item.
B. Councilmember York congratulated and welcomed Mr. John Crawford to
Coppell Independent School District as the new Athletic Director.
Councilmember York also announced that the consideration to move from
trimester to semester has been tabled and will be reconsidered at a future
date.
C. Councilmember York reported that the Senior Center had a very nice
Christmas party in December.
D. Mayor Pro Tem Peters reported that the Dallas Regional Mobility
Coalition met last week and discussed the Mobility Plan; the United
Transportation Commission; new roads and toll road feasibility studies;
air quality; and quiet zones for train crossings.
E. Councilmember Brancheau reported on the Economic Development
meeting he and Mayor Pro Tem Peters attended January 7, 2004. The
items discussed were tree mitigation impact on economic development
and what type of effect the streamlined sales tax impact would have on
the city.
F. There was nothing to report on this item.
G. Councilmember Brancheau reported on the December meeting for the
Metrocrest Social Service Center.
H. There was nothing to report on this item
I. There was nothing to report on this item.
J. Councilmember Suhy reported on the Senior Adult Services meeting he
had attended. They discussed the Christmas baskets that were distributed
to seniors in the Metroplex area and complimented the new director on
the direction the Senior Adult Services are headed.
K. There was nothing to report on this item.
L. There was nothing to report on this item.
M. There was nothing to report on this item.
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Page 18 of 18
23. Necessary Action Resulting from Executive Session.
There was nothing to report on 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
DEPT: City Manager
DATE: January 27, 2004
ITEM #: 7/B
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a Resolution of the city of Coppell, Texas, agreeing to take a leadership role in assisting
North Texas to attain federal clean air standards for ozone by reducing emissions from its diesel-fueled
vehicles and equipment and by incorporating further energy efficiency measures in its buildings and facilities,
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: !CleanAir
1
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS,
AGREEING TO TAKE A LEADERSHIP ROLE IN ASSISTING
NORTH TEXAS TO ATTAIN FEDERAL CLEAN AIR
STANDARDS FOR OZONE BY REDUCING EMISSIONS FROM
ITS DIESEL-FUELED VEHICLES AND EQUIPMENT AND BY
INCORPORATING FURTHER ENERGY EFFICIENCY
MEASURES IN ITS BUILDINGS AND FACILITIES.
WHEREAS, the North Texas Region (Dallas, Tarrant, Denton and Collin Counties) is
currently in violation of the federal, one-hour standard for air quality; and
WHEREAS, millions of North Texas citizens are subjected to breathing air that has been
shown to increase health costs and increase rates of asthma and respiratory problems for North Texas
citizens, especially among children and the elderly; and
WHEREAS, the current clean air plan for the 1-hour ozone standard known as the State
Implementation Plan (“SIP”) for North Texas submitted by the State of Texas to the Environmental
Protection Agency (“EPA”) has not been approved by the EPA; and
WHEREAS, failure to develop a SIP approved by EPA could result in the loss or delay of
federal transportation funds in North Texas which would be devastating to the mobility and economic
development of the Region; and
WHEREAS, the North Texas Region will have to meet a proposed 8-hour ozone standard
which will be finalized by the EPA by April, 2004 and will require a new SIP containing additional
ozone reduction strategies in order to meet this new health based standard; and
WHEREAS, North Texas local governments want to set achievable goals and provide
workable, cost effective solutions to clean up our air, and implement those measures as soon as
practicable to improve air quality; and
WHEREAS, the State of Texas has created the Texas Emissions Reduction Program (TERP)
to provide monetary incentives to reduce pollution from on-road and off-road diesel equipment over
the next four years which governmental entities need to fully utilize.
BE IT THEREFORE RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS THAT the City Council agrees to take a leadership role in assisting North Texas
to attain federal clean air standards for ozone by reducing emissions from its diesel-fueled vehicles and
equipment and by incorporating further energy efficiency measures in its buildings and facilities.
BE IT FURTHER RESOLVED THAT the City Council of the city of Coppell,
Texas will, in addition to meeting the requirements of existing state law, strive to reduce
2
electricity consumption rates from its existing buildings and facilities by at least 15% from a
baseline of August, 1999.
BE IT FURTHER RESOLVED THAT the City Council of the city of Coppell, Texas will,
where applicable, duly consider amending existing or enacting new ordinances which will result in
reductions of emissions from diesel-fueled vehicles in both public and private fleets and which will
result in the application of more energy efficiency measures in public and private buildings and
facilities.
BE IT FURTHER RESOLVED THAT the City Council of the city of Coppell, Texas will
use the attached listing of control measures as a guidance document in its action strategies.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2004.
APPROVED:
_________________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
DEPT: City Secretary
DATE: January 27, 2004
ITEM #: 7/C
AGENDA REQUEST FORM
ITEM CAPTION:
Consider an appointment to fill the unexpired Regular term on the Keep Coppell Beautiful Committee, term to
expire October, 2004.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: %KCBappointment
DEPT: Building Inspections
DATE: January 27, 2004
ITEM #: 7/D
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of the Board of Adjustment Amended By-Laws, as approved by the Board of Adjustment on
November 6, 2004.
GOAL(S):
EXECUTIVE SUMMARY: Approval of Board of Adjustment By-Laws, including verbiage clarifying
abstention voting and attendance policy, as approved by the Board on November 6, 2003, and as requested by the
City Manager’s Office.
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: (BdAdjByLaws-1AR(CONSENT)
1
BOARD OF ADJUSTMENT BYLAWS
I. History
A. Section 8.01 of the City Charter of the City of Coppell states that the City Council shall
create, establish or appoint, as may be required by the laws of the State of Texas or this
charter, such boards, commissions and committees as it deems necessary to carry out the
functions and obligations of the city. The City Council shall, by ordinance, prescribe the
purpose, composition, functions, duties, and accountability and tenure of each board,
commission and committee.
B. Section 8.03D of the City Charter of the City of Coppell states that the City Council shall
appoint a Zoning Board of Adjustment of members who shall serve in accordance with Local
Government Code Chapter 211.088 V.T.C.A.
C. Chapter 211.088, Local Government Code states that such local legislative body may provide
for the appointment of a Board of Adjustment, and may provide that the said Board of
Adjustment may, in appropriate cases and subject to appropriate conditions and safeguards,
make special exceptions to the terms of the zoning ordinance in harmony with its general
purpose and intent and in accordance with general or specific rules therein contained.
II. The Board
A. The Coppell Board of Adjustment shall be comprised of five (5) members and four (4)
alternate members to be appointed by the City Council. Members shall be a resident of the
City of Coppell for at least twelve (12) months preceding the date of appointment, be
knowledgeable in the affairs of the City, be knowledgeable in the rules of the Board of
Adjustment and its functions and activities provided for in the Charter and shall be a qualified
voter in the City of Coppell, Texas. (Article 8, Section 8.02, City Charter)
B. Members of the Board shall be appointed for two (2) year terms with three (3) members’
terms expiring in even numbered years and two (2) members’ terms expiring in odd-
numbered years.
In addition, the Council shall appoint four (4) alternate members to act as members of the
Board of Adjustment in the absence of one or more of the regular members. The four (4)
alternate members shall serve two-year terms. Their terms in office shall be staggered so that
two (2) members are appointed each year. (Section 8.03D, City Charter)
C. Any vacancy created on the Board shall be filled by majority vote of the City Council for the
remainder of the unexpired term within thirty (30) days after the vacancy occurs.
D. The members of the Board shall serve without pay or compensation; provided, however, that
they shall be entitled to reimbursement of and for necessary expenses incurred in the
performance of their duties, when approved by City Council.
2
III. Meetings
A. The Board of Adjustment shall meet on the first Thursday of each month at 7:30 p.m. unless
otherwise officially changed by the Chairman. In the event the first Thursday falls on a legal
holiday, the new meeting date will be established by the Chairman.
B. When possible, the Board of Adjustment shall meet in the Council Chambers at the City Hall.
C. The Board shall hold such special meetings as shall be called by the Chairman, or upon
written request of at least one (1) member of the Board or at the request of the City Council.
D. All cases to be heard by the Board of Adjustment will always be heard by a minimum number
of four (4) members.
E. All meetings of the Board shall be open to the public subject to both current and any future
laws of the State of Texas.
F. If a quorum cannot be established for a meeting, that meeting shall be cancelled. The cases
for that meeting shall be rescheduled for the next regularly scheduled meeting. The time and
date of such meeting shall be determined by the Chairman. If there are only four (4) board
members present at a meeting and a board member cannot vote on a case (due to abstention,
leaving a meeting early, etc.) prior to hearing that case, the Board may continue it so that
action may be taken at a further date. (If a case is continued for a specific time and date, no
further notification will be necessary.)
G. If there are no requests before the Board, that meeting may be cancelled by the Chairman.
Staff shall contact the Chairman and Board prior to the meeting so that a consensus may be
reached.
H. If, for any reason, a scheduled Board meeting is not to be held, staff shall notify all
participants and Board members of such cancellation at the earliest possible opportunity.
I. The Board shall keep minutes of its proceedings, showing the vote of each member upon each
question, or, if absent or failing to vote, indicating such fact, and shall keep records of its
examinations and other official actions, all of which shall be immediately filed in the office of
the Board and shall be a public record. (Chapter 211.008, Local Government Code)
If no meetings or proceedings were held in any month, the Board shall so report this fact to
the City Council.
J. If a Regular board member is absent for three (3) consecutive regularly scheduled meetings,
or 25% of the regularly scheduled meetings within a 12-month period, said member shall be
removed from the Board, and the City Council will fill the unexpired term. (Article 8, Section
8.04, City Charter and Article 1011g, Vernon’s Annotated Civil Statutes.)
K. In addition to the official minutes of each board meeting, the board secretary shall make an
audio recording of the proceedings. These audio recordings shall be kept as long as
3
administratively valuable, but not less than a period of thirty-six (36) months from the date of
the meeting.
IV. Officers
A. The board shall each October from its membership elect a Chairman and Vice Chairman for
one (1) year terms of office, or until their successors are elected.
B. The Chairman and Vice Chairman may hold office for two (2) terms, after which one (1) term
must elapse before being eligible for re-election.
C. In the event of a vacancy in the office of the Chairman, the Vice Chairman shall assume the
duties of the Chairman until the next regular meeting of the board, at which time, the board
shall elect a new Chairman.
V. Chairman and Duties
A. Chairman. The Chairman shall preside at all meetings of the Board. In the absence of the
Chairman, the Vice Chairman shall preside. In the absence of both the Chairman and Vice
Chairman, the Board shall elect a Chairman Pro-Tem.
B. Call to Order. The meetings of the Board shall be called to order by the Chairman, or in his
or her absence, by the Vice Chairman. In the absence of both the Chairman and Vice
Chairman, the meeting shall be called to order by any board member or alternate.
C. Preservation of Order. The Chairman shall preserve order and decorum, prevent personal
attacks on Board members or the impugning of members’ motives, and confine members in
debate to the question under decision.
D. Points of Order. The Chairman shall determine all points of order, subject to the right of any
member to appeal to the Board. If any appeal is taken, the question is whether the Chairman
is to be "sustained".
E. Questions to be Stated. The Chairman shall state all questions submitted for a vote and
whether the motion is passed or defeated. Provided, however, that the announcement of
passed or defeated shall not affect the validity of the vote if such announcement is not correct.
VI. General Rules
A. Questions Subject to Division. If two or more subjects are involved, in any vote of the Board,
any member of the Board may require a division, if the question reasonably allows a division.
B. Right of Floor. Any members of the Board desiring to speak shall be recognized by the
Chairman, and shall confine his or her remarks to the subject or question under consideration
or to be considered.
C. City Attorney. At the request of the Board, the City Attorney may attend meetings to render
an opinion or questions of law.
4
D. Suspension of Rules. Any provision of these rules not covered by the City Charter or laws of
the State of Texas may be temporarily suspended by a concurring vote of four (4) members of
the Board. The vote on any such suspension shall be by roll call called by the Secretary, or
the person serving as Secretary, shall be recorded in the minutes of the meeting.
E. Amendment to Rules. These rules may be amended, or new rules adopted by a concurring
vote of four (4) members of the Board, provided that the proposed amendments or new rules
have been introduced into the record at the last regular Board meeting.
F. Votes Required to Pass. The concurring vote of four (4) members of the Board shall be
necessary to reverse any order, requirement, decision or determination of any such
administrative official, or to decide in favor of the applicant on any matter upon which it is
required to pass under any such ordinance or to effect any variation to such ordinance.
G. Abstention. Should any member of the Board of Adjustment choose to abstain from voting
on any question before the Board of Adjustment, where no declared conflict of interest exists,
the abstention shall be recorded as an affirmative vote in favor of the motion pending before
the Board of Adjustment in the official minutes of the City of Coppell’s Board of Adjustment.
H. Notification of Meetings. Staff shall contact every regular Board member before noon one
day prior to any scheduled meeting so that a quorum may be established for the upcoming
meeting. If a regular board member is unable to attend the upcoming meeting, he or she will
notify staff at this time. In the event that there are not enough board members to establish a
quorum, staff shall then notify the alternate members so that a quorum may be established.
Staff shall contact the alternate members on a rotating schedule in order to evenly afford the
opportunity for attendance.
Packets shall be made available to the Board members the Friday prior to the Thursday
meeting.
I. General Public. Public notice of a meeting shall be posted as per the current or any future
laws of the State of Texas.
J. Property Owners. Written notice of all public hearings shall be sent to owners of real
property located within two hundred feet (200’) of the property on which the variance is
requested, such notice to be given not less than ten (10) days before the date set for hearing, to
all such owners who have rendered their said property for city taxes as the ownership appears
on the last approved city tax roll. Such notice may be served by depositing the same, properly
addressed and postage paid, in the official publication of the City stating the time and place of
such meeting.
K. Continuing Public Hearings. If the applicant or his designated representative is not present at
the Board of Adjustment meeting, the case will be continued to the next regularly scheduled
meeting, or denied without prejudice to refiling. If the case has been continued once and the
agent or his representative is not present at the second meeting, the case will be denied with
prejudice.
L. Issuance of Permits Prior to Public Hearing. Staff shall not issue any permits (buildings,
foundation, etc.) for any structure prior to the case being heard by the Zoning Board of
Adjustment.
5
VII. Powers of the Board
The Board of Adjustment shall have the following powers:
1. To hear and decide an appeal that alleges error in an order, requirement, decision, or
determination made by an administrative official in the enforcement of the City Zoning
Ordinance.
2. To hear and decide special exceptions to the terms of the City Zoning Ordinance upon which
such board is required to pass under such ordinances.
3. To authorize in specific cases such variance from the terms of the City Zoning Ordinance as
will not be contrary to public interest, where, owing to special conditions, a literal
enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that
the spirit of the ordinance shall be observed and substantial justice done.
4. To hear and decide appeals, special exceptions, or granting of variances to ordinances, other
than the City zoning ordinances, when such authority is specifically granted in such
ordinances.
In exercising the above-mentioned powers, such Board may, in conformity with the
provisions of Chapter 211, Local Government Code, reverse or affirm, wholly or partly, or
may modify the order, requirement, decision or determination appealed from and make such
order, requirement, decision or determination as ought to be made, and to that end, shall have
all the powers of the officer from whom the appeal is taken.
VIII. Appeals to the Board
A. Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer,
department, board, or bureau of the municipality affected by any decision of the
administrative officer. Such appeal shall be taken within a reasonable time, as provided by
the rules of the Board, by filing with the officer from whom the appeal is taken and with the
Board of Adjustment a notice of appeal specifying the grounds thereof. The officer from
whom the appeal is taken shall forthwith transmit to the Board all the paper constituting the
record upon which the action appealed from was taken.
1. When hearing such an appeal, the board’s duty and power is to determine whether or
not the decision of such officer, department, board or bureau is correct pursuant to the
ordinance of the city, and the city shall not have the power to alter the decision
appealed from which is correct under the ordinance of the city, unless that ordinance
specifically authorizes the board to grant a variance or exception to the ordinance.
B. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer
from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal
shall have been filed with him that by reason of facts stated in the certificate, a stay would, in
his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be
stayed otherwise than by a restraining order which may be granted by the Board of
Adjustment or by a court of record on application on notice to the officer from whom the
appeal is taken and on due cause shown.
6
C. Any person or persons, jointly or severally, aggrieved by any decision of the Board of
Adjustment, or any taxpayer, or any officer, department, board or bureau of the municipality,
may present to a court of record a petition, duly verified, setting forth that such decision is
illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be
presented to the court within ten (10) days after the filing of the decision in the office of the
board.
IX. Enforcement of Decorum
A. Warning. All persons (other than members of the Board) shall, at the request of the
Chairman, be silent. If after receiving a warning from the Chairman, a person or group of
persons, persists in disturbing the meeting, the Chairman or the person acting as Chairman,
may order that person or group of persons to remove himself or themselves from the meeting,
the Chairman or person acting as Chairman may order the Sergeant-at-Arms to remove him or
them.
B. Removal from a Meeting. The Chief of Police, or such member or members of the Police
Department as the Chairman or the person acting as or for the Chairman may designate, shall
be Sergeant-at-Arms of the board meetings. He or they shall carry out all orders or
instructions given by the Chairman for the purpose of maintaining order and decorum at the
meetings of the board. Upon instruction of the Chairman, it shall be the duty of the Sergeant-
at-Arms to remove from the meeting any person or persons who intentionally disturb the
proceedings of the board.
X. Enforcement
A. Motion to Enforce. Any member of the Board may move to require the Chairman to enforce
these rules and the affirmative vote of four (4) members of the board shall require the
Chairman to do so.
XI. Cameras and Lighting
A. Supplemental Lighting. Supplemental lighting for television and motion picture cameras
shall be used only the exercise of extreme discretion with regard to the intensity and duration
of such lighting and with a view to creating the least amount of interference with or
disturbance of the proceedings of the board and the least amount of discomfort to the
members of the public in attendance.
B. Disruptive Lighting. The Chairman or the person acting as Chairman shall have the authority
to determine whether the intensity and/or duration of supplemental lighting is such that it
disturbs the proceedings of the Board and upon making such a determination require that the
use of such lighting be discontinued.
XII. Conflict of Interest
Members of the Board shall not vote on matters which involve rulings concerning a business or real
property that the Board member or a person related to the Board member by the first degree of
affinity or consanguinity has substantial interest in. Substantial interest shall be determined by the
7
current wording of Chapter 171 of the Local Government Code. The current act states that a person
has a substantial interest in a business or real property if:
1. The interest is ownership of ten percent or more of the voting stock or shares of the business
entity or ownership of ten percent or more or $5,000 or more of the fair market value of the
business entity; or
2. Funds received by the person from the business entity exceed ten percent of the person’s gross
income for the previous year; or
3. The person has a substantial interest in real property if the interest is an equitable or legal
ownership with a fair market value of $2,500 or more. This would include a member owning
property within 200 feet of the subject property.
If a board member or person related to a board member as mentioned above has a substantial interest
in a business entity or real property that would be affected by an official action taken by the board,
the board member, before a vote or decision on the matter, shall file an affidavit stating the nature
and extent of the interest and shall abstain from further participation in the matter as required by
Chapter 171.004, Local Government Code. The affidavit must be filed with the City Secretary and is
attached to this document as Exhibit “A”.
The chart below is a list to determine whether or not a person is related in the first degree by either
affinity or consanguinity to another person.
CONSANGUINITY – FIRST DEGREE
Father
Mother
Brother
Sister
Son
Daughter
AFFINITY
Any person related by marriage to one of the above will fall within the affinity rule.
8
Board of Adjustment By-Laws
TABLE OF CONTENTS
Topic Page
I. History 1
II. The Board 1
III. Meetings 2
IV. Officers 3
V. Chairman and Duties 3
VI. General Rules 3
VII. Powers of the Board 5
VIII. Appeals to the Board 5
IX. Enforcement of Decorum 6
X. Enforcement 6
XI. Cameras and Lighting 6
XII. Conflict of Interest 6
1
MINUTES OF NOVEMBER 6, 2003
BOARD OF ADJUSTMENT
The Board of Adjustment of the City of Coppell met on Thursday, November 6, 2003, at 7:00 p.m. in
the Fire Administration Building, 500 Southwestern Blvd.
In attendance: Absent:
Mark LeGros, Chairman Robert Chomiak, Commissioner
David Stonecipher, Vice Chairman Ronald Smith, Alternate Commissioner
Steve Wright, Commissioner
David Terry, Commissioner Also present:
John Hoppie, Alternate Commissioner Greg Jones, Chief Building Official
Donald Perschbacher, Alternate Commissioner David Dodd, City Attorney’s Office
Laura Ketchum, Alternate Commissioner Mary Beth Spletzer, Secretary
Item 1: Call to Order.
Meeting was called to order at 7:00 p.m. by Chairman LeGros.
Commissioner Perschbacher was invited to serve on the board in the absence of Commissioner
Chomiak.
Item 2: Election of Chairman and Vice Chairman.
Motion was made by Commissioner Wright that Mark LeGros be re-elected Chairman. Motion was
seconded by Commissioner Terry, and a vote was taken. Motion carried, 5 to 0.
Motion was made by Commissioner Wright that David Stonecipher be re-elected Vice Chairman.
Motion was seconded by Chairman LeGros, and vote was taken. Motion carried, 5 to 0.
Item 3: Approval of minutes of August 7, 2003, meeting.
Motion was made by Commissioner Perschbacher to approve the minutes of the August 7, 2003,
meeting. Motion was seconded by Commissioner Wright, and a vote was taken. Motion carried, 5 to
0. Minutes approved.
2
Item 4: Consider approval of amendments to Board of Adjustment By-Laws.
Chairman LeGros read the proposed revision to the by-laws concerning attendance by regular
Board members:
“III. MEETINGS:
J. If a Regular Board member is absent for three (3) consecutive regularly scheduled meetings, or 25%
of the regularly scheduled meetings within a 12-month period, said member shall be removed from
the Board, and the City Council will fill the unexpired term. (Article 8, Section 8.04, City Charter
and Article 1011g, Vernon’s Annotated Civil Statutes).”
Motion was made by Commissioner Terry to approve the revision, as recommended by the City
Secretary Office. Motion was seconded by Commissioner Stonecipher, and a vote was taken. Motion
carried, 5 to 0.
Chairman LeGros read the proposed addition to the by-laws concerning abstention by board
members:
“ABSTENTION:
Should any member of the Board of Adjustment choose to abstain from voting on any question before
the Board of Adjustment, where no declared conflict of interest exists, the abstention shall be recorded
as an affirmative vote in favor of the motion pending before the Board of Adjustment in the official
minutes of the City of Coppell’s Board of Adjustment.”
Motion was made by Commissioner Perschbacher to approve the proposed addition, as recommended
by the City Secretary Office. Motion was seconded by Commissioner Terry, and a vote was taken.
Motion carried, 5 to 0.
Adjournment.
Motion for adjournment was made by Commissioner Stonecipher. Motion was seconded by
Commissioner Wright, and a vote was taken. Motion carried, 5 to 0. Meeting adjourned.
_________________________________
Mark LeGros, Chairman
_________________________________
Mary Beth Spletzer, Recording Secretary
DEPT: Building Inspections
DATE: January 27, 2004
ITEM #: 7/E
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of the Building and Standards Commission By-Laws, as approved by the Building and
Standards Commission on December 4, 2003.
GOAL(S):
EXECUTIVE SUMMARY: Approval of Building and Standards Commission By-Laws, including verbiage
clarifying abstention voting and attendance policy, as approved by the Board on December 4, 2003, and as
requested by the City Manager’s Office. Please note that prior to this time, Building and Standards Commission
did not have By-Laws separate from Board of Adjustment. Except for the “Powers of the Board”, the newly
created By-Laws for Building and Standards Commission are identical to those of the Board of Adjustment.
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: (BldgStdByLaws-1AR(CONSENT)
1
BUILDING AND STANDARDS COMMISSION
BYLAWS
I. History
A. Section 8.01 of the City Charter of the City of Coppell states that the City Council shall
create, establish or appoint, as may be required by the laws of the State of Texas or this
charter, such Boards, commissions and committees as it deems necessary to carry out the
functions and obligations of the city. The City Council shall, by ordinance, prescribe the
purpose, composition, functions, duties, and accountability and tenure of each Board,
commission and committee.
B. Section 8.03D of the City Charter of the City of Coppell states that the City Council shall
appoint a Building and Standards Commission of members who shall serve in accordance
with Local Government Code Chapter 211.088 V.T.C.A.
C. Chapter 211.088, Local Government Code states that such local legislative body may provide
for the appointment of a Building and Standards Commission, and may provide that the said
Building and Standards Commission may, in appropriate cases and subject to appropriate
conditions and safeguards, make special exceptions to the terms of the zoning ordinance in
harmony with its general purpose and intent and in accordance with general or specific rules
therein contained.
II. The Board
A. The Coppell Building and Standards Commission shall be comprised of five (5) members and
four (4) alternate members to be appointed by the City Council. Members shall be a resident
of the City of Coppell for at least twelve (12) months preceding the date of appointment, be
knowledgeable in the affairs of the City, be knowledgeable in the rules of the Building and
Standards Commission and its functions and activities provided for in the Charter and shall be
a qualified voter in the City of Coppell, Texas. (Article 8, Section 8.02, City Charter)
B. Members of the Commission shall be appointed for two (2) year terms with three (3)
members’ terms expiring in even numbered years and two (2) members’ terms expiring in
odd-numbered years.
In addition, the Council shall appoint four (4) alternate members to act as members of the
Building and Standards Commission in the absence of one or more of the regular members.
The four (4) alternate members shall serve two-year terms. Their terms in office shall be
staggered so that two (2) members are appointed each year. (Section 8.03D, City Charter)
C. Any vacancy created on the Commission shall be filled by majority vote of the City Council
for the remainder of the unexpired term within thirty (30) days after the vacancy occurs.
D. The members of the Commission shall serve without pay or compensation, provided,
however, that they shall be entitled to reimbursement of and for necessary expenses incurred
in the performance of their duties, when approved by City Council.
2
III. Meetings
A. The Building and Standards Commission shall meet on an as-needed basis. In the event the
first Thursday falls on a legal holiday, the new meeting date will be established by the
Chairman.
B. When possible, the Building and Standards Commission shall meet in the Council Chambers
at the City Hall.
C. The commission shall hold such special meetings as shall be called by the Chairman, or upon
written request of at least one (1) member of the Board or at the request of the City Council.
D. All cases to be heard by the Building and Standards Commission will always be heard by a
minimum number of four (4) members.
E. All meetings of the commission shall be open to the public subject to both current and any
future laws of the State of Texas.
F. If a quorum cannot be established for a meeting, that meeting shall be cancelled. The cases
for that meeting shall be rescheduled for the next regularly scheduled meeting. The time and
date of such meeting shall be determined by the Chairman. If there are only four (4)
commission members present at a meeting and a board member cannot vote on a case (due to
abstention, leaving a meeting early, etc.) prior to hearing that case, the board may continue it
so that action may be taken at a further date. (If a case is continued for a specific time and
date, no further notification will be necessary.)
G. If there are no requests before the commission, that meeting may be cancelled by the
Chairman. Staff shall contact the Chairman and Board prior to the meeting so that a
consensus may be reached.
H. If, for any reason, a scheduled commission meeting is not to be held, staff shall notify all
participants and commission members of such cancellation at the earliest possible
opportunity.
I. The Board shall keep minutes of its proceedings, showing the vote of each member upon each
question, or, if absent or failing to vote, indicating such fact, and shall keep records of its
examinations and other official actions, all of which shall be immediately filed in the office of
the Board and shall be a public record. (Chapter 211.008, Local Government Code)
J. If a Regular Board member is absent for three (3) consecutive regularly scheduled meetings,
or 25% of the regularly scheduled meetings within a 12-month period, said member shall be
removed from the Commission, and the City Council will fill the unexpired term. (Article 8,
Section 8.04, City Charter and Article 1011g, Vernon’s Annotated Civil Statutes.)
K. In addition to the official minutes of each commission meeting, the Board secretary shall
make an audio recording of the proceedings. These audio recordings shall be kept as long as
administratively valuable, but not less than a period of thirty-six (36) months from the date of
the meeting.
3
IV. Officers
A. The Board shall each October from its membership elect a Chairman and Vice Chairman for
one (1) year term of office, or until their successors are elected.
B. The Chairman and Vice Chairman may hold office for two (2) terms, after which one (1) term
must elapse before being eligible for re-election.
C. In the event of a vacancy in the office of the Chairman, the Vice Chairman shall assume the
duties of the Chairman until the next regular meeting of the commission, at which time, the
Board shall elect a new Chairman.
V. Chairman and Duties
A. Chairman. The Chairman shall preside at all meetings of the Board. In the absence of the
Chairman, the Vice Chairman shall preside. In the absence of both the Chairman and Vice
Chairman, the Board shall elect Chairman Pro-Tem.
B. Call to Order. The meetings of the Board shall be called to order by the Chairman, or in his
or her absence, by the Vice Chairman. In the absence of both the Chairman and Vice
Chairman, the meeting shall be called to order by any Board member or alternate.
C. Preservation of Order. The Chairman shall preserve order and decorum, prevent personal
attacks on Board members or the impugning of members’ motives, and confine members in
debate to the question under decision.
D. Points of Order. The Chairman shall determine all points of order, subject to the right of any
member to appeal to the Board. If any appeal is taken, the question is whether the Chairman
is to be "sustained".
E. Questions to be Stated. The Chairman shall state all questions submitted for a vote and
whether the motion is passed or defeated, provided, however, that the announcement of
passed or defeated shall not affect the validity of the vote if such announcement is not correct.
VI. General Rules
A. Questions Subject to Division. If two or more subjects are involved, in any vote of the
Commission, any member of the Board may require a division, if the question reasonably
allows a division.
B. Right of Floor. Any members of the Board desiring to speak shall be recognized by the
Chairman, and shall confine his or her remarks to the subject or question under consideration
or to be considered.
C. City Attorney. At the request of the Board, the City Attorney may attend meetings to render
an opinion or questions of law.
4
D. Suspension of Rules. Any provision of these rules not covered by the City Charter or laws of
the State of Texas may be temporarily suspended by a concurring vote of four (4) members of
the Board. The vote on any such suspension shall be by roll call called by the Secretary, or
the person serving as Secretary, and shall be recorded in the minutes of the meeting.
E. Amendment to Rules. These rules may be amended, or new rules adopted by a concurring
vote of four (4) members of the Board, provided that the proposed amendments or new rules
have been introduced into the record at the last regular Board meeting.
F. Votes Required to Pass. The concurring vote of four (4) members of the Board shall be
necessary to reverse any order, requirement, decision or determination of any such
administrative official, or to decide in favor of the applicant on any matter upon which it is
required to pass under any such ordinance or to effect any variation to such ordinance.
G. Abstention. Should any member of the Building and Standards Commission choose to
abstain from voting on any question before the Building and Standards Commission, where
no declared conflict of interest exists, the abstention shall be recorded as an affirmative vote
in favor of the motion pending before the Building and Standards Commission in the official
minutes of the City of Coppell Building and Standards Commission.
H. Notification of Meetings. Staff shall contact every regular Board member before noon one
day prior to any scheduled meeting so that a quorum may be established for the upcoming
meeting. If a regular Board member is unable to attend the upcoming meeting, he or she will
notify staff at this time. In the event that there are not enough Board members to establish a
quorum, staff shall then notify the alternate members so that a quorum may be established.
Staff shall contact the alternate members on a rotating schedule in order to evenly afford the
opportunity for attendance.
Packets shall be made available to the Board members on the Friday prior to the Thursday
meeting.
I. General Public. Public notice of a meeting shall be posted as per the current or any future
laws of the State of Texas.
J. Property Owners. Written notice of all public hearings shall be sent to owners of real
property located within two hundred feet (200’) of the property on which the variance is
requested, such notice to be given, not less than ten (10) days before the date set for hearing,
to all such owners who have rendered their said property for city taxes as the ownership
appears on the last approved city tax roll. Such notice may be served by depositing the same,
properly addressed and postage paid, in the official publication of the City stating the time
and place of such meeting.
K. Continuing Public Hearings. If the applicant or his designated representative is not present at
the Building and Standards Commission meeting, the case will be continued to the next
regularly scheduled meeting, or denied without prejudice to refiling. If the case has been
continued once and the agent or his representative is not present at the second meeting, the
case will be denied with prejudice.
5
L. Issuance of Permits Prior to Public Hearing. Staff shall not issue any permits (buildings,
foundation, etc.) for any structure prior to the case being heard by the Building and Standards
Commission.
VII. Powers of the Board
The Building and Standards Commission shall have the following powers:
A. The Building and Standards Commission may hear and determine cases concerning alleged
violations of the ordinance regarding the preservation of public safety, as it relates to the
materials or methods used to construct a building, or the safety of the building.
B. The Building and Standards Commission is also charged with recommending ordinances or
amendments for adoption, and hearing appeals from code interpretations made by the Chief
Building Official or Fire Marshal.
In exercising the above-mentioned powers, such Board may, in conformity with the
provisions of Chapter 211, Local Government Code, reverse or affirm, wholly or partly, or
may modify the order, requirement, decision or determination appealed from and make such
order, requirement, decision or determination as ought to be made, and to that end, shall have
all the powers of the officer from whom the appeal is taken.
VIII. Appeals to the Board
A. Appeals to the Building and Standards Commission may be taken by any person aggrieved or
by any officer, department, Board, or bureau of the municipality affected by any decision of
the administrative officer. Such appeal shall be taken within a reasonable time, as provided
by the rules of the Board, by filing with the officer from whom the appeal is taken and with
the Building and Standards Commission a notice of appeal specifying the grounds thereof.
The officer from whom the appeal is taken shall forthwith transmit to the Board all papers
constituting the record upon which the action appealed from was taken.
1. When hearing such an appeal, the Board’s duty and power is to determine whether or
not the decision of such officer, department, Board or bureau is correct pursuant to the
ordinance of the city, and the Board shall not have the power to alter the decision
appealed from which is correct under the ordinance of the city, unless that ordinance
specifically authorizes the Board to grant a variance or exception to the ordinance.
B. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer
from whom the appeal is taken certifies to the Building and Standards Commission after the
notice of appeal shall have been filed with him that by reason of facts stated in the certificate,
a stay would, in his opinion, cause imminent peril to life or property. In such cases,
proceedings shall not be stayed otherwise than by a restraining order which may be granted by
the Building and Standards Commission or by a court of record on application on notice to the
officer from whom the appeal is taken and on due cause shown.
C. Any person or persons, jointly or severally, aggrieved by any decision of the Building and
Standards Commission, or any taxpayer, or any officer, department, board or bureau of the
municipality, may present to a court of record a petition, duly verified, setting forth that such
6
decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition
shall be presented to the court within ten (10) days after the filing of the decision in the office
of the Board.
IX. Enforcement of Decorum
A. Warning. All persons (other than members of the Board) shall, at the request of the
Chairman, be silent. If after receiving a warning from the Chairman, a person or group of
persons, persists in disturbing the meeting, the Chairman or the person acting as Chairman,
may order that person or group of persons to remove himself or themselves from the meeting,
the Chairman or person acting as Chairman may order the Sergeant-at-Arms to remove him or
them.
B. Removal from a Meeting. The Chief of Police, or such member or members of the Police
Department as the Chairman or the person acting as or for the Chairman may designate, shall
be Sergeant-at-Arms of the Board meetings. He or they shall carry out all orders or
instructions given by the Chairman for the purpose of maintaining order and decorum at the
meetings of the Board. Upon instruction of the Chairman, it shall be the duty of the Sergeant-
at-Arms to remove from the meeting any person or persons who intentionally disturb the
proceedings of the Board.
X. Enforcement
A. Motion to Enforce. Any member of the Board may move to require the Chairman to enforce
these rules and the affirmative vote of four (4) members of the Board shall require the
Chairman to do so.
XI. Cameras and Lighting
A. Supplemental Lighting. Supplemental lighting for television and motion picture cameras
shall be used only with the exercise of extreme discretion with regard to the intensity and
duration of such lighting and with a view to creating the least amount of interference with or
disturbance of the proceedings of the Board and the least amount of discomfort to the
members of the public in attendance.
B. Disruptive Lighting. The Chairman or the person acting as Chairman shall have the authority
to determine whether the intensity and/or duration of supplemental lighting is such that it
disturbs the proceedings of the Board and upon making such a determination require that the
use of such lighting be discontinued.
XII. Conflict of Interest
Members of the Board shall not vote on matters which involve rulings concerning a business or real
property that the Board member or a person related to the Board member by the first degree of
affinity or consanguinity has substantial interest in. Substantial interest shall be determined by the
current wording of Chapter 171 of the Local Government Code. The current act states that a person
has a substantial interest in a business or real property if:
7
A. The interest is ownership of ten percent or more of the voting stock or shares of the business
entity or ownership of ten percent or more or $5,000 or more of the fair market value of the
business entity; or
B. Funds received by the person from the business entity exceed ten percent of the person’s gross
income for the previous year; or
C. The person has a substantial interest in real property if the interest is an equitable or legal
ownership with a fair market value of $2,500 or more. This would include a member owning
property within 200 feet of the subject property.
If a Board member or person related to a Board member as mentioned above has a substantial interest
in a business entity or real property that would be affected by an official action taken by the Board,
the Board member, before a vote or decision on the matter, shall file an affidavit stating the nature
and extent of the interest and shall abstain from further participation in the matter as required by
Chapter 171.004, Local Government Code. The affidavit must be filed with the City Secretary and is
attached to this document as Exhibit “A”.
The chart below is a list to determine whether or not a person is related in the first degree by either
affinity or consanguinity to another person.
CONSANGUINITY – FIRST DEGREE
Father
Mother
Brother
Sister
Son
Daughter
AFFINITY
Any person related by marriage to one of the above will fall within the affinity rule.
8
Building and Standards Commission By-Laws
TABLE OF CONTENTS
Topic Page
I. History 1
II. The Board 1
III. Meetings 2
IV. Officers 3
V. Chairman and Duties 3
VI. General Rules 3
VII. Powers of the Board 5
VIII. Appeals to the Board 5
IX. Enforcement of Decorum 6
X. Enforcement 6
XI. Cameras and Lighting 6
XII. Conflict of Interest 6
1
MINUTES OF NOVEMBER 6, 2003
BUILDING AND STANDARDS COMMISSION
The Building and Standards Commission of the City of Coppell met on Thursday, November 6, 2003,
at 7:15 p.m. in the Fire Administration Building, 500 Southwestern Blvd.
In attendance: Absent:
Mark LeGros, Chairman Robert Chomiak, Commissioner
David Stonecipher, Vice Chairman Ronald Smith, Alternate Commissioner
Steve Wright, Commissioner
David Terry, Commissioner Also present:
John Hoppie, Alternate Commissioner Greg Jones, Chief Building Official
Donald Perschbacher, Alternate Commissioner David Dodd, City Attorney’s Office
Laura Ketchum, Alternate Commissioner Mary Beth Spletzer, Secretary
Item 1: Call to Order.
Meeting was called to order at 7:20 p.m. by Chairman LeGros.
Commissioner Perschbacher was invited to serve on the board in the absence of Commissioner
Chomiak.
Item 2: Election of Chairman and Vice Chairman.
Motion was made by Commissioner Stonecipher that the same slate of officers be elected as for Board
of Adjustment: Mark LeGros as Chairman and David Stonecipher as Vice Chairman. Motion was
seconded by Commissioner Terry, and a vote was taken. Motion carried, 5 to 0.
Item 3: Consider approval of amendments to Building and Standards Commission
By-Laws.
Motion was made by Commissioner Stonecipher that the following revision to the by-laws concerning
attendance and the addition to the by-laws concerning abstention, be approved, as recommended by
the City Secretary Office:
“MEETINGS:
J. If a Regular Board member is absent for three (3) consecutive regularly scheduled meetings, or 25%
of the regularly scheduled meetings within a 12-month period, said member shall be removed from
the Board, and the City Council will fill the unexpired term. (Article 8, Section 8.04, City Charter
and Article 1011g, Vernon’s Annotated Civil Statutes).”
2
“ABSTENTION:
Should any member of the Building and Standards Commission choose to abstain from voting on any
question before the Building and Standards Commission, where no declared conflict of interest exists,
the abstention shall be recorded as an affirmative vote in favor of the motion pending before the
Building and Standards Commission in the official minutes of the City of Coppell’s Building and
Standards Commission.”
Motion was seconded by Commissioner Wright, and a vote was taken. Motion carried, 5 to 0.
Adjournment.
Motion for adjournment was made by Commissioner Stonecipher. Motion was seconded by
Commissioner Wright, and a vote was taken. Motion carried, 5 to 0. Meeting adjourned.
_________________________________
Mark LeGros, Chairman
_________________________________
Mary Beth Spletzer, Recording Secretary
1
MINUTES OF DECEMBER 4, 2003
BUILDING AND STANDARDS COMMISSION
The Building and Standards Commission of the City of Coppell met on Thursday, December 4, 2003,
at 7:30 p.m. in the Council Chambers of Town Hall, 255 Parkway Blvd.
In attendance: Also present:
Mark LeGros, Chairman Greg Jones, Chief Building Official
David Stonecipher, Vice Chairman Mary Beth Spletzer, Secretary
Steve Wright, Commissioner
Robert Chomiak, Commissioner
David Terry, Commissioner
John Hoppie, Alternate Commissioner
Donald Perschbacher, Alternate Commissioner
Ronald Smith, Alternate Commissioner
Laura Ketchum, Alternate Commissioner
Item 1: Call to Order.
Meeting was called to order at 7:30 p.m. by Chairman LeGros.
Commissioner Hoppie was invited to serve on the board, due to the departure of Commissioner
Wright.
Item 2: Approval of minutes of November 6, 2003 meeting.
Motion was made by Commissioner Stonecipher that the minutes of the November 6, 2003 be
approved. Motion was seconded by Commissioner Hoppie, and a vote was taken. Motion carried, 5 to
0.
Item 3: Approval of Bylaws of Building and Standards Commission.
Motion was made by Commissioner Hoppie that the Bylaws, including the amendments approved on
November 6, 2003, be approved by the board. Motion was seconded by Commissioner Stonecipher,
and a vote was taken. Motion carried, 5 to 0.
Other Business.
There was no other business to be transacted.
2
Adjournment.
Motion for adjournment was made by Commissioner Stonecipher. Motion was seconded by
Commissioner Hoppie, and a vote was taken. Motion carried, 5 to 0. Meeting adjourned.
_________________________________
Mark LeGros, Chairman
_________________________________
Mary Beth Spletzer, Recording Secretary
DEPT: City Manager
DATE: January 27, 2004
ITEM #: 7/F
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of Coppell Economic Development Committee Amended By-Laws as approved by the Coppell
Economic Development Committee on January 7, 2004.
GOAL(S):
EXECUTIVE SUMMARY: Approval of amended Economic Development Committee By-Laws, clarifying
Membership, Meetings, Power and Duties, adding verbiage related to attendance and abstention votes as approved
by the Committee on January 7, 2004 and as requested by the City Manager’s Office.
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: !EDCommBylaws-1AgendaReq.doc
Amended Bylaws of the Coppell Economic Development Committee - Page 1
AMENDED
BYLAWS
OF
COPPELL ECONOMIC DEVELOPMENT COMMITTEE
ARTICLE I
NAME
The name of the organization shall be the Coppell Economic Development Committee,
herein referred to as “the Committee”.
ARTICLE II
INTENT
SECTION 1: The committee shall act in an advisory capacity to the Coppell City
Council.
ARTICLE III
MEMBERSHIP
SECTION 1: The committee shall be composed of nine (9) members appointed by the
City Council for staggered two-year terms. Members of the economic development
committee shall be appointed for two year terms with four members whose terms expire
in the even number years and five members whose terms expire in odd number years.
Member shall serve at the pleasure of the City Council.
SECTION 2: In addition, the following may be appointed by City Council as non-voting
ex-officio members of the Committee: Two (2) members of the Coppell City Council,
two (2) members of the Coppell Chamber of Commerce, and one (1) member of the
Coppell Independent School District Board.
SECTION 3: The Coppell City Manager, the Asst. Finance Director, the Economic
Development Coordinator and any other appropriate person shall also be non-voting ex
officio members of the Committee.
ARTICLE IV
OFFICERS
SECTION 1: The committee shall each October elect from their membership a chairman
and vice-chairman for one-year terms of office, or until their successors are elected.
Amended Bylaws of the Coppell Economic Development Committee - Page 2
SECTION 2: In the event of a vacancy in the office of chairman, the vice-chairman shall
assume the duties of chairman until the next regular meeting of the committee, at which
time the committee shall elect a new chairman.
SECTION 3: In the event of a vacancy in the office of vice-chairman, the chairman may
appoint a board member to temporarily assume the duties of that office until the next
regular meeting, at which time an election will be held to fill any such vacancy.
ARTICLE V
MEETINGS
SECTION 1: Regular monthly meetings of the committee will be held on the first (1st)
Wednesday of each month at 6:00 p.m. at Coppell Town Center, 255 Parkway Boulevard,
Coppell, Texas, unless otherwise designated. The Committee shall hold such special
meetings as shall be called by the Chairperson or upon written request of at least two (2)
members of the Committee, at the request of the Coppell City Council or City Manager.
SECTION 2: All meetings require a quorum of members to be present.
SECTION 3: Six members of the committee shall constitute a quorum for the purpose of
transaction of business, and no action of the committee shall be valid or binding unless
adopted by an affirmative vote of five or more members of the committee unless
authorized by the laws of the State of Texas.
SECTION 4: The order of business for each meeting shall be as contained in an agenda
prepared by the City Manager, Economic Development Coordinator, and Committee
Chairperson. Any committee member may submit items to the Chairperson, City
Manager, or Economic Development Coordinator to be considered for the agenda.
SECTION 5: If a committee member is absent for three (3) consecutive regular
scheduled meetings, or 25% of the regular scheduled meetings within a 12-month period,
said member shall be removed from the Committee, and the City Council will appoint an
individual to fill the unexpired term.
SECTION 6: Should any member of the Committee choose to abstain from voting on
any question before the Committee, where no declared conflict of interest exists, the
abstention shall be recorded as an affirmative vote in favor of the motion pending before
the Committee in the official minutes of the City of Coppell.
SECTION 7: All meetings of the committee shall be open to the public unless otherwise
permitted by law and shall be subject to the open meetings act.
Amended Bylaws of the Coppell Economic Development Committee - Page 3
ARTICLE VI
POWERS AND DUTIES
SECTION 1: The committee shall have the following powers and perform the following
duties:
A. Act in an advisory capacity to the City Council in matters that pertain to economic
development and shall not have any responsibility or authority over the public
officials or employees of the city in the area of economic development.
B. In conjunction with city staff, review and make recommendations to the City Council
regarding applications for tax abatement, sales tax rebate or economic development
incentives under § 380.001 of the Tex. Local Govt. Code
C. Monitor incentive programs and policies to ensure the City’s competitive position in
the Metroplex. Review the effectiveness of Coppell Economic Development
programs and make appropriate recommendations for improvement or change.
D. Participate in a variety of special projects related to business recruitment, retention, and
marketing efforts.
E. Receive suggestions and recommendations from citizens relating to economic
development.
F. Create and stimulate public support for economic development activities of the City.
G. Investigate and recommend to the Coppell City Council various methods of
advertising and promoting the growth and development of Coppell.
H. Recommend to the City Council economic and business development priorities on a
City-wide basis.
I. Maintain contact with economic development allies in the Metroplex and the State of
Texas. Visibility for the City will be maintained through attendance at economic
development professional association meetings, conference, etc.
J. Insure the maintenance of a statistical database for use in responding to economic
development inquiries, including an inventory of land sites and available space.
K. Follow the rules and regulations prescribed by the city council for the conduct of its
business.
L. Adopt bylaws, rules and regulations for the governing of their actions, proceedings,
and deliberations and set the time and place of their meetings, subject to approval by
the City Council.
ARTICLE VII
AMENDMENT
SECTION 1: These bylaws may be amended only by majority vote of the members of
the committee and approval of the City Council.
BYLAWS, APPROVED this day , 2004.
DEPT: Parks and Recreation
DATE: January 27, 2004
ITEM #: 7/G
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of the Annual Standards of Care for Day Camp Programs 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: Stndcare
1
CITY OF COPPELL YOUTH PROGRAMS
STANDARDS OF CARE
The Standards of Care are intended to be minimum standards by which the City of Coppell Parks
& Recreation Department will operate the City's Youth Programs. The programs operated by the
City are recreational in nature and are not day care programs.
GENERAL ADMINISTRATION
Organization
A. The governing body of the City of Coppell Youth Programs is the Coppell City
Council.
B. Implementation of the Youth Programs Standards of Care is the responsibility of
the Parks & Recreation Department Director and Departmental employees.
C. Youth Program ("Program") to which these Standards of Care will apply is the
Summer Recreation Program and selected days off from the school calendar.
D. Each Youth Program site will have available for public and staff review a current
copy of the Standards of Care.
E. Parents of participants will be provided a current copy of the Standards of Care
during the registration process.
F. Criminal background checks will be conducted on prospective Youth Program
employees. If results of the criminal check indicate that an applicant has been
convicted of any of the following offenses, he or she will not be considered for
employment:
(1) a felony or a misdemeanor classified as an offense against a person or
family;
(2) a felony or misdemeanor classified as public indecency;
(3) a felony or misdemeanor violation of any law intended to control the
possession or distribution of any controlled substance;
(4) any offense involving moral turpitude;
(5) any offense that would potentially put youth participants or the City of
Coppell at risk.
2
Definitions
A. City: City of Coppell
B. City Council: City Council of the City of Coppell
C. Department: Parks & Recreation Department of The City of Coppell
D. Youth Programs or Program: City of Coppell Youth Programs currently
consisting of the Summer Recreation Program and selected days off from school.
E. Program Manual: Notebook of policies, procedures, required forms, and
organizational and programming information relevant to Coppell Youth
Programs.
F. Director: City of Coppell Parks & Recreation Department Director or his or her
designee.
G. Parks & Recreation Manager: City of Coppell Parks and Recreation Department
Recreation Manager.
H. Recreation Services Supervisor: City of Coppell Parks & Recreation Department
Recreation Services Supervisor.
I. Site Director: City of Coppell Parks & Recreation Department
Seasonal/Temporary Programmer who has been assigned administrative
responsibility for a Coppell Youth Program.
J. Program Counselor: City of Coppell Parks & Recreation Department
Seasonal/Temporary employee who has been assigned responsibility to
implement the City's Youth Program.
K. Program Site: Area and facilities where Coppell Youth Programs are held
consisting of the Coppell Independent School District Campus and the Aquatic
and Recreation Center.
L. Participant: A youth whose parent(s) have completed all required registration
procedures and determined to be eligible for a Coppell Youth Program.
M. Parent(s): This term will be used to represent one or both parent(s) or adults who
have legal custody and authority to enroll their child(ren) in Coppell Youth
Programs.
N. Employee(s): Term used to describe people who have been hired to work for the
City of Coppell and have been assigned responsibility for managing,
administering, or implementing some portion of the Coppell Youth Programs.
O. Recreation Center: The Coppell Independent School District campuses or the
Aquatics and Recreation Center which hosts the Summer Recreation Program
and selected days off from school.
3
Inspections/Monitoring/Enforcement
A. A monthly inspection report will be initiated by the Site Director of each
Program to confirm that the Standards of Care being met.
(1) Inspection reports will be sent to the Recreation Services Supervisor for
review and kept on record for at least two years.
(2) The Parks & Recreation Department’s Recreation Manager will review
the report and establish deadlines and criteria for compliance with the
Standards of Care.
B. The Recreation Manager will make visual inspections of the Program based on
the following schedule:
(1) The Summer Recreation Program will be inspected twice during its
summer schedule. In addition, selected days at the Aquatics and
Recreation Center will be visited during the school year.
C. Complaints regarding enforcement of the Standards of Care will be directed to
the Site Director. The Site Director will be responsible to take the necessary
steps to resolve the problems. The Site Director will record complaints regarding
enforcement of the Standards of Care and their resolution. The Recreation
Services Supervisor will address serious complaints regarding enforcement of the
Standards of Care and the complaint and resolution will be noted.
D. The Parks & Recreation Department’s Recreation Manager will make an annual
report to the City Council on the overall status of the Youth Program and its
operation relative to compliance with the adopted Standards of Care.
Enrollment
A. Before a child can be enrolled a parent must sign registration forms that contain
the child's:
(1) name, address, home telephone number;
(2) name and address of parents and telephone number during Program
hours;
(3) the names and telephone numbers of people to whom the child can be
released;
(4) a statement of the child's special problems or needs;
(5) emergency medical authorization;
(6) proof of residency when appropriate; and
(7) a liability waiver
4
Suspected Abuse
Program employees will report suspected child abuse or neglect in accordance with the
Texas Family Code.
STAFFING - RESPONSIBILITIES AND TRAINING
Site Director Qualifications
A. Site Director will be Seasonal/Temporary professional employees of the City of
Coppell Parks & Recreation Department and will be required to have all
Recreation Site Director qualifications as outlined in this document.
B. Site Director must be at least 21 years old
C. Site Director must have a bachelor's degree from an accredited college or
university. Acceptable degrees include:
(1) Recreation Administration or General Recreation
(2) Physical Education, Secondary or Elementary Education
(3) Any other comparable degree plan that would lend itself to working in a
public recreation environment
D. Site Director must have two years experience planning and implementing
recreational activities.
E. Site Director must pass a background investigation including testing for illegal
substances.
F. Site Director must have successfully completed a course in First Aid and Cardio-
Pulmonary Resuscitation (CPR) based on either American Heart Association or
American Red Cross standards.
G. Site Director must be able to furnish proof of a clear tuberculosis test within 12
months prior to their employment date.
Site Director's Responsibilities
A. Site Directors are responsible to administer the Programs' daily operations in
compliance with the adopted Standards of Care.
B. Site Directors are responsible to recommend for hire, supervise, and evaluate
Counselors.
C. Site Directors are responsible for planning, implementing, and evaluating
programs.
5
Counselor Qualifications
A. Counselors will be Seasonal/Temporary employees of the Parks & Recreation
Department.
B. Counselors working with children must be age 16 or older; however, each site
will have at least one employee 18 years old or older present at all times.
C. Counselors should be able to consistently exhibit competency, good judgment,
and self-control when working with children.
D. Counselors must relate to children with courtesy, respect, tolerance, and patience.
E. Counselors must have successfully completed a course in First Aid and CPR
based on either American Heart Association or American Red Cross standards.
An exception can be made for no more than one staff person at each site and that
person shall successfully complete a First Aid and CPR course within four weeks
of starting work.
F. Each Counselor must be able to furnish proof of a clear tuberculosis test within
the 12 months prior to their employment date.
G. Counselors must pass a background investigation including testing for illegal
substances.
Counselor Responsibilities
A. Counselors will be responsible to provide participants with an environment in
which they can feel safe, can enjoy wholesome recreation activities, and can
participate in appropriate social opportunities with their peers.
B. Counselors will be responsible to know and follow all City, Departmental, and
Program standards, policies and procedures that apply to Coppell Youth
Programs.
C. Counselors must ensure that participants are released only to an authorized parent
or an authorized adult designated by the parent. All Program sites will have a
copy of the Department approved plan to verify the identity of a person
authorized to pick up a participant if that person is not known to the Counselor.
Training/Orientation
A. The Department is responsible for providing training and orientation to Program
employees in working with children and for specific job responsibilities. Site
Director will provide each Counselor with a Program manual specific to the
Youth Program.
B. Program employees must be familiar with the Standards of Care for Youth
Program operation as adopted by the City Council.
6
C. Program employees must be familiar with the Program's policies including
discipline, guidance, and release of participants as outlined in the Program
Manual.
D. Program employees will be trained in appropriate procedures to handle
emergencies.
E. Program employees will be trained in areas including City, Departmental, and
Program policies and procedures, provision of recreation activities, safety issues,
child psychology, and organization.
F. Program employees will be required to sign an acknowledgement that they
received the required training.
OPERATIONS
Staff-Participant Ratio
A. In a Coppell Youth Program, the standard ratio of participants to Counselors
shall not exceed 20 to 1. In the event a Counselor is unable to report to the
Program site, a replacement will be assigned.
B. Each participant shall have a Program employee who is responsible for him or
her and who is aware of the participant's habits, interests, and any special
problems as identified by the participant's parent(s) during the registration
process.
Discipline
A. Program employees will implement discipline and guidance in a consistent
manner based on the best interests of Program participants.
B. There must be no cruel or harsh punishment or treatment.
C. Program employees may use brief, supervised separation from the group if
necessary.
D. As necessary, Program employees will initiate discipline reports to the parent(s)
of participants. Parents will be asked to sign discipline reports to indicate they
have been advised about specific problems or incidents.
E. A sufficient number and/or severe nature of discipline reports as detailed in the
Program Manual may result in a participant being suspended from the Program.
F. In instances where there is a danger to participants or staff, offending participants
will be removed from the Program site as soon as possible.
7
Programming
A. Program employees will attempt to provide activities for each group according to
the participants' ages, interests, and abilities. The activities must be appropriate
to participants' health, safety, and well being. The activities also must be flexible
and promote the participants' emotional, social, and mental growth.
B. Program employees will attempt to provide indoor and outdoor time periods that
include:
(1) Alternating active and passive activities;
(2) Opportunity for individual and group activities, and
(3) Outdoor time each day weather permits.
Communication
A. The Program site will have a mobile phone to allow the site to be contacted by
Parks & Recreation personnel or for making emergency calls.
B. The Site Director will post the following telephone numbers adjacent to a mobile
phone accessible to all Program employees at the site:
(1) Coppell Ambulance or Emergency Medical Services.
(2) Coppell Police Department
(3) Coppell Fire Department
(4) Coppell Independent School District campuses
(5) Numbers at which parents may be reached
(6) The telephone number for the site itself
Transportation
A. Before a participant may be transported to and from city sponsored activities, a
transportation form, completed by the parent of the participant, must be filed with
the Site Director.
B. First Aid supplies and a First Aid and emergency care guide will be available in
all Program vehicles that transport children.
C. All Program vehicles used for transporting participants must have available a 6-
BC portable fire extinguisher which will be installed in the passenger
compartment of the vehicle and must be accessible to the adult occupants.
8
FACILITY STANDARDS
Safety
A. Program employees will inspect the Program site daily to detect sanitation and
safety concerns that might affect the health and safety of the participants. A
daily inspection report will be completed by Program employees and kept on file
by the Site Director.
B. Buildings, grounds, and equipment on the Program site will be inspected,
cleaned, repaired, and maintained to protect the health of the participants.
C. Program equipment and supplies must be safe for the participants' use.
D. Program employees must have First Aid supplies readily available at each site,
during transportation to an off-site activity, and for the duration of any off-site
activity.
E. Program air conditioners, electric fans, and heaters must be mounted out of
participants' reach or have safeguards that keep participants from being injured.
F. Program porches and platforms more than 30 inches above the ground must be
equipped with railing participants can reach.
G. All swing seats at the Program site must be constructed of durable, lightweight,
relatively pliable material.
H. Program employees must have First Aid supplies readily available to staff in a
designated location. Program employees must have an immediately accessible
guide to First Aid and emergency care.
Fire
A. In case of fire, danger of fire, explosion, or other emergency, Program
employees' first priority is to evacuate the participants to a designated safe area.
B. The Program site will have an annual fire inspection by the local Fire Marshal,
and the resulting report will detail any safety concerns observed. The report will
be forwarded to the Director of Parks & Recreation who will review and
establish deadlines and criteria for compliance. Information from this report will
be included in the Director of Parks & Recreation annual report to the Council.
C. The Program site must have at least one fire extinguisher approved by the Fire
Marshall readily available to all Program employees. The fire extinguisher is to
be inspected monthly by the Site Director, and a monthly report will be
forwarded to the Recreation Manager who will keep the report on file for a
minimum of two years. All Program employees will be trained in the proper use
of fire extinguisher.
D. Fire drills will be initiated at Program sites based on the following schedule:
9
(1) Summer Recreation Program: A fire drill twice during the session.
Health
A. Illness or Injury
(1) A participant who is considered to be a health or safety concern to other
participants or employees will not be admitted to the Program.
(2) Illnesses and injuries will be handled in a manner to protect the health of
all participants and employees.
(3) Program employees will follow plans to provide emergency care for
injured participants with symptoms of an acute illness as specified in the
Program manual.
(4) Program employees will follow the recommendation of the Texas
Department of Health concerning the admission or readmission of any
participant after a communicable disease.
B. Program employees will administer medication only if:
(1) Parent(s) complete and sign a medication form that provides
authorization for staff to dispense medication with details as to time and
dosages. The form will include a hold harmless clause to protect the
City.
(2) Prescription medications are in the original containers labeled with the
child's name, a date, directions, and the physician's name. Program
employees will administer the medication only as stated on the label.
Program employees will not administer medication after the expiration
date.
(3) Nonprescription medications are labeled with the child's name and the
date the medication was brought to the Program. Nonprescription
medication must be in the original container. Program employees will
administer it only according to label direction.
(4) Medication dispensed will be limited to routine oral ingestion not
requiring special knowledge or skills on the part of Program employees.
The Program employees will administer no injections.
(5) Program employees must ensure medications are inaccessible to
participants or, if it is necessary to keep medications in the refrigerator
(when available), medications will be kept separate from food.
DEPT: Engineering
DATE: Janury 27, 2004
ITEM #: 7/H
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of extending Bid/Contract #Q-0101-03 for the FY 2003/04 Sidewalk Replacement Program to
Quantum Contracting, Inc. in an amount not to exceed $100,000, as budgeted in the Infrastructure Maintenance
Fund.
GOAL(S):
EXECUTIVE SUMMARY:
Quantum Contracting, Inc. was the low bidder for the FY 2000/01 Sidewalk Replacement Program. The contract
with Quantum included provisions for the City to extend the contract for a one-year period with a maximum
number of three extensions. We extended the bid in 2002 and 2003, and we are again asking that it be extended
for 2004.
Quantum Contracting, Inc. has been very responsive and performed an excellent job for the City of Coppell.
Therefore, staff recommends the extension of Bid #Q-0101-03 in an amount not to exceed $100,000 for the FY
2003/04 Sidewalk Replacement Program.
Staff will be available to answer any questions at the Council meeting.
FINANCIAL COMMENTS: Funds for this contract have been budgeted in the Infrastructure Maintenance Fund.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: #Sidewalkcontract-1AG
DEPT: Library
DATE: January 27, 2004
ITEM #: 7/I
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a contract for architectural services from Phillips Swager Associates, Dallas, TX for the
recarpet/remodel project for the William T. Cozby Public library in the amount of $74,000.00, as budgeted, and
authorizing the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS: Funds have been budgeted in the Facilities Maintenance Account for the Library
Remodel project.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: +Architectural Contract-1AgendaRequest
MEMORANDUM
TO:Mayor and City Council
FROM:Kathleen P. Metz Edwards, Library Director
Sheri Moino, Facilities Manager
DATE:January 27, 2004
SUBJECT: Contract for Architect's Services Library Remodel/Recarpet Project
On November 6, 2003, the City of Coppell received nine responses to its Request for
Qualifications for Architectural Services for the William T. Cozby Public Library
Remodel/Recarpet project. A preliminary analysis of the nine RFQs yielded a short list of four
firms, which had recent library construction experience. Additional information was requested
from the four firms. References were checked and verified. Based on qualifications as defined
by library projects of similar scope and positive recommendations, Phillips Swager Associates
was asked to submit a proposed contract for design (including furnishings), bid, and construction
administration services. The proposed contract is for $74,000. Specific services provided by the
contract include the interior renovation of the library including design, construction documents,
bidding and construction administration of the demolition of selected walls, new interior
construction, recarpeting and painting. A separate bid package will be prepared for new
shelving, furniture and signage.
Funding for the project is as follows:
Facilities FY 03/04 construction budget $180,000
Infrastructure Maintenance Fund-paint $25,000
Infrastructure Maintenance Fund-carpet $75,000
Library FY 03/04 operating budget furnishings $106,400
Total $386,400
Preliminary estimates for the construction project were submitted in the FY 03/04 budget. The
architect will determine final costs estimates. The length of the project will span two fiscal years
with funds being handled accordingly. Architectural fees will be paid from the total costs of the
project.
Scope of the remodel/recarpet project:
1. Improve the layout of the circulation function including installing a new circulation desk and
integrating self-check stations with the circulation desk function.
2. Remove "info rounder" and install a central reference services desk. Install expanded
children's services desk.
3. Reconfigure staff workspaces to provide suitable office accommodation for staff and
improve workflow.
4. Provide noise abatement measures in the library's public areas to reduce noise.
Install doors between lobby and public services area.
Install doors between the public services area and the new quiet reading room.
Install "walk off" carpet in lobby.
Evaluate repositioning noise baffles.
5. Reconfigure and increase display space in the library.
6. Incorporate the lobby-accessed conference room space into the staff area.
7. Create a "community wall", purchasing or building displays, in the lobby to feature notices
and information about community and city events in support of the library's role as a
community connection point.
8. Reorganize the public spaces to maximize users' abilities to use the library's resources
independently (way finding), and to make the building easier to use.
9. Install new signage.
10. Create a fixed-sized program room similar in size to existing large program room.
Reconfigure the existing program room hallway into the fixed program room.
11. Relocate quiet reading room to new quiet reading room in the present periodicals area.
12. Reconfigure a portion of the spaced used for the present quiet reading room with a portion of
the library program room to house an enlarged collection.
13. Create larger small group study rooms and insure they are soundproofed.
14. Replace carpet in all areas of the library.
15. Repaint or reapply wall coverings.
This agenda item allows for a contract to Phillips Swager Associates in the amount of
$74,000.00 and authorizes the City Manager to sign.
1997 Edition - Electronic Format
AlA Document 8151 - 1997
AGREEMENT made as of the 11d1 day of December in the year ~
(In ItO1Uf. iJJdk6te day; month 811d Jar)THS DOCUf.§:NT HAS If4'ORTANT LEGAL
CC»lSEOIEJK:ES. CC»61A.TATICW ~ AN
ATTCNfIEY IS EM:'OlMAQ"D WJTH RESP£CT
TO ITS CDl*Uncw OR 1.-JaFICATIa-I.
ALm£NnCAlKW (»' TItS ELECTRCNCALLY
DRAFTED AlA DOCUM'NT MAYBE MADE
BY USIMi AlA DOCtM'NT D«>r.
BETWEEN the Architect's client identified as the Owner:
(NIme, .rJdlrIS.M other infonnalion) .
William T. ~ Public libr~
City of ~II177 N. Heartz Road ..
~. Texas 75019
and the Architect:
(N~ .rJdlrIS.M other infonn6tiot1)
Phillips Swa&er Associates
7557 Rambler Road. Suite 670
Dallas. Texas 75231
For the following Project:
(Include det8i/af de:sr:riplion of Project)
The intMnr rentWation of the William T. ~ Public Ubra~ indudinK design. C1)rIstrudion
documents. biddinK and C1)rIstrudion administlation of the demolition of selected walls. new interior
construction. re-car~nK and paintinK, A separate bid Dacka~ will be prePi!ed for new shelving.
fumibJre and siBDa~. The total C1)rIstruction cost indudinK furniture will be S380.000.
The Owner and Architect agree as follows.
ARTICLE 1 ARCHITECT'S RESPONSIBILITIES
1.1 The services perforDled by the Architect. Architect's employees and Architect's
consultants shall be as enumerated in Articles 2. 3 and 12.
1.2 The Architect's services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project The Architect shall submit for
the Owner's approval a schedule for the performance of the Architect's services which may be
adjusted as the Project proceeds. This "Schedule shall include allowances for periods of time
required for the Owner's review and for approval of submissions by authorities having
jurisdiction over the Project. Time limits established by this schedule approved by the Owner
shall not, except for reasonable cause, be exceeded by the Architect or Owner.
01997 AIM
1.3 The Architect shall designate a representative authorized to act on behalf of the AlA DOCUMENT B151.1997
Architect with respect to the Project. ABBREVIATED OWNER-ARCHITECT
AGREEMENT
1.4 The services covered by this Agreement are subject to the time limitations contained
in Subparagraph U.5.L The American Institute of Architects
1735 New York Avenue, N.W.
Washington. D.C. 20006-5292ARTICLE 2 SCOPE OF ARCHITECT'S BA,sIC SERVICES
2.1 DEFINITION
0 Copyright 1974, 1978, 1977, 1987, 0 1997 by The American Institute ot Architects. Reproduction ot the
material herein or substantial quotation of its provisions without written permission of the AlA violates the
copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document
was electronically produced with permission of the AlA and can be reproduced in accordance with your
license without violation until the date of expiration as noted below. expiration as noted below. User
Document: 97b151oa.aia - 12/16/2003. AlA license Number 1001523, whkh expires on &'26/2004.
The Architect's Basic Services consist of those d~ in Paragraphs 2.2 through 2.6 and any
other services identified in Article 12 as part of Basic Services, and include normal structural,
mechanical and electrical engineering services.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect shall review the program furnished by the Owner to ascertain the
requirements of the Project and shall arrive at a mutual understanding of such requirements
with the Owner. -
2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program. schedule
and construction budget requirements, each in terms of the other. subject lo the limitations set
forth in Subparagraph 5-2.1. TIIS £Xx:'LM"NT HAS IWCNlTNIT LEGAL
2 2 3 Th Ar h 'hall ' .th th Own I 'h d 'd CONSEOUENCES, CQ'JSUlTATICW WITH AN. . e c Itect s reVIew WI e er a temauve approac es to eslgn an ATTCNlIEY IS ElK:CJfmNZD WITH RESPECT
construction of the Project. TO ffS COf,ftET1(W CM ~T1(»4',
AUTHENTICATION OF TIIS ELECTRalCAUY
2.2.4 Based on the mutually agreed-upon program. schedule and construction budget ORNTED AlA 00ClM"NT MAY BE MADE
requirements, the Architect shall prepare. for approval by the Owner, Schematic Design BY USING AlA 00ClM"NT 0«11,
Documents consisting of drawings and other documents illustrating the scale and relationshipof Project components. .
2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost
based on current area, volume or similar conceptual estimating techniques.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized
by the Owner in the program, schedule or construction budget. the Architect shall prepare, for
approval by the Owner. Design Development Documents consisting of drawings and other
documents to fix and describe the size and character of the Project as to architectural.
structural. mechanical and electrical systems. materials and such other elements as may beappropriate. .
2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate
of Construction Cost.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Documents and any further adjustments
in the scope or quality of the Project or in the construction budget authorized by the Owner.
the Architect shall prepare. for approval by the Owner. Construction Documents consisting of
Drawings and Specifications setting forth in detail the requirements for the construction of the
Project.
2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding
information, bidding forms. the Conditions of the Contract. and the form of Agreementbetween the Owner and Contractor. .
2.~.3 The Architect .shall ad~ ~e Owner of any adjustments to previous preliminary 0"'7 AlAe
estimates of Construction Cost mdlcated by changes in requirements or general market AlA DOCUMENT 8151-1997
conditions. ABBREVIATED OWNER-ARCHITECT
AGREEMENT
2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for The American Institute of Architects
filing documents required for tbe approval of governmental authorities baving jurisdiction over 1735 New York Avenue, N.W.
the Project. Washington. D.C. 2(XX)6-5292
2.5 BIDDING OR NEGOTIATIOf"f PHASE
0 Copyright 1974, 1978, 1977, 1987, 0 1997 by:The American Institute ot Architects. Reprod4Ktion ot the
material herein or substantial quotation of its provisions without written permission of the AlA violates the
copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document
was electronically produced with permission of the AlA and can be reproduced in accordance with your
license without violation until the date of expiration as noted below. expiration as noted below. User
Document: 97b151oa.aia -12/16/2003. AlA li<ense Number 1001523, which expires on 8/2fJ2004.
l
The Architect, following the Owner's approval of the Construction Documents and of the latest
preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or
negotiated proposals and assist in awarding and preparing contracts for construction.
2.6 CONSTRUCTION PHASE- . ~ . ,
CONTRACT
2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase
under this Agreement commences with the award of the initial Contract for Construction and
terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60
days after the date of Substantial Completion of the Work.
ADMINISTRATION OF THE CONSTRUCTION
2.6.2 The Architect shall provide adminjstration of the Contract for Construction as set TItS ooa.M'NT HAS I1.pafTNIT LEGAL
forth below and in the edition of AlA Docu~ent AlOI, General Condition~ of the ~on~ f~r CONSEQUENCES. CONSUf.TATION WITH AN
Construction, current as of the date of thiS Agreement, unless otherwise proVIded m thIS ATTDRIEY IS ElK:OIJRAGED WJTH RESPECT
AgreemenL Modifications made to the General Conditions, when adopted as part of the TO ITS COWIETKNI allo«DRCA7JCW.
Contract Documents, shall be enforceable under this Agreement only to the extent that they are AUTIE.NTICA~ a TItS £LE~Y
consistent with this Agreement or approved in writing by the ArchitecL DRNTED AlA DOCUfoE:NT MAY BE MAa'
BY USIMi AlA DCX:1.M'NT D«Jr.
2.6.3 Duties, responsibilities and limitations of authority of the Architect under this
Paragraph 2.6 shaD not be restricted, modified or extended without written agreement of the
Owner and Architect with consent of the Contractor, which consent wiD not be unreasonablywithheld. .
2.6.4 The Architect shall be a represeJltative of and shan advise and consult with the Owner
during the administration of the Contract for Construction. The Architect shall have authority
to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise
modified by written amendment.
2.6.5 The Architect, as a representative of the Owner, shall visit the site at intervals
appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner
and the Architect in Article 12, (I) to become generally familiar with and to keep the Owner
informed about the progress and quality of the portion of the Work completed, (2) to endeavor
to guard the Owner against defects and deficiencies in the Work. and <3) to determine in
general if the Work is being perfonned in a manner indicating that the Work. when funy
completed. wiD be in accordance with the Contract Documents. However. the Architect shan
not be required to make exhaustive or continuous on-site inspections to check the quality or
quantity of the Work. The Architect shall neither have control over or charge of. nor be
responsible for. the construction means, methods. techniques. sequences or procedures, or for
safety precautions and programs in connection with the Work. since these are solely the
Contractor's rights and responsibilities under the Contract Documents.
2.6.6 The Architect shall report to the Owner known deviations from the Contract
Documents and from the most recent construction schedule submitted by the Contractor.
However. the Architect shall not be responsible for the Contractor's failure to perform the
Work in accordance with the requirements of the Contract Documents. The Architect shall be ~ ~-
responsible for the Architect's negligent acts or omissions. but shall not have control over or
charge of and shall not be responsible fQr acts or omissions of the Contractor. Subcontractors.
or their agents or employees. or of any other persons or entities performing portions of the 01997 AlA.
W k AlA DOCUMENT B151-1997or '.. ABBREVIATED OWNER-ARCHITECT
AGREEMENT2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation
or progress. The American Institute of Architects
1735 New York Avenue, N.W.
2.6.8 Except as otherwise provided in this Agreement or when direct communications have Washington, D.C. 2<XX)6-5292
been specially authorized, the Owner shall endeavor to communicate with the Contractor
through the Architect about matters arising out of or relating to the Contract Documents.
Communications by and with the Architect's consultants shall be through the Architect.
0 Copyright 1974, 1978, 1977, 1987, 0 1997 by The American Institute ot Architects. Reprodoction ot the
material herein or substantial quotation of its provisions without written permission of the AlA violates the
copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document
was electronically produced with permission of the AlA and can be reproduced in accordance with your
license without violation until the date of expiration as noted below. expiration as noted below. User
Document: 97b151oa.aia -12/16/2003. AlA License Number 1001523, which expires on 8126/2004.
2.6.9 CERTIFICATES FOR PAYMENT
2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue
certificates in such amounts.
2.6.9.2 The Architect's certification for payment shall constitute a representation to the
Owner. based on the Architect's evaluation of the Work as provided in Subparagraph 2.6.5 and
on the data comprising the Contractor's Application for Payment. that the Work has
progressed to the point indicated and that. to the best of the Architect's knowledge.
information and belief. the quality of the Work is in accordance with the Contract Documents.
The foregoing representations are subject (1) to an evaluation of the Work for confonnance
with the Contract Documents upon Substantial Completion. (2) to results of subsequent tests
and ins~ions. (3) to c°rr,ection o:f m~or deviations from the C?ntract Documents prior to ~~~=:sr === ~~ AN
compleuon. and (4) to specific qualifications expressed by the Architect. ATTORIEY IS EJCO(MAGD WJTH RESPECT
2 6 9 3 Th .f . _Ii shall L- .th TO'1SC~CM~TJ(W.. . . e lSSUance 0 a Certificate or Payment not ~ a representation at the AUTl£NT1CAncwOFTHSELECTRCWCAUY
Architect has (I) made exhaustive or continuous on-site inspections to check the quality or DRAFTEDAIADOCUfI£NTMAYBEMADE
quantity of the Work. (2) reviewed construction means, methods. techniques. sequences or BY USING AlA DOCCMNTD«Jl.
procedUIeS. (3) reviewed copies of requisitions received from Subcontractors and material
suppliers and other data requested by the Owner to substantiate the Contractor's right to
payment. or (4) ascertained how or for what purpose the Contractor has used money previously
paid on account of the Contract Sum.
2.6.10 The Architect shall have authority to reject Work that does not confonn to the
Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect
shall have authority to require inspection or testing of the Work in accordance with the
provisions of the Contract Documents,- whether or not such Work is fabricated, installed or
completed. However, neither this authority of the Architect nor a decision made in good faith
either to exercise or not to exercise such authority shall give rise to a duty or responsibility of
the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents
or employees or other persons or entities perfonning portions of the Work.
2.6.11 The Architect shall review and approve or take other appropriate action upon the
Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the
limited purpose of checking for conformance with information given and the design concept
expressed in the Contract Documents. The Architect's action shall be taken with such
reasonable promptness as to cause no delay in the Work or in the activities of the Owner,
Contractor or separate contractors, while. allowing sufficient time in the Architect's professional
judgment to pennit adequate review. Review of such submittals is not conducted for the
purpose of detennining the accuracy and completeness of other details such as dimensions and
quantities, or for substantiating instructions for installation or perfonnance of equipment or
systems, all of which remain the responsibility of the Contractor as required by the Contract
Documents. The Architect's review shall not constitute approval of safety precautions or, unless
otherwise specifically stated by the Architect. of any construction means, methods, techniques,
sequences or procedures. The Architect's approval of a specific item shall not indicate approval
of an assembly of which the item is a component.
2.6.12 If professional design services or certifications by a design professional related to 01991 AlAe
systems. materials or equipment are specifically required of the Contractor by the Contract AlA DOCUMENT B151-1997
Documents. the Architect shan specify appropriate performance and design criteria that such ABBREVIATED OWNER-ARCHITECT
services must saWfy. Shop Drawings and other submittals related to the Work designed or AGREEMENT
certified by the design professional retained by the Contractor shall bear such professional's TheA .I tOt ,f Ar h'.ect'al wb b 'ed lh Arch'Th Arch'hall be .tled I merlcan ns I u eo C I, swntten approv en su nutt to e- rtect., e I~ect s. enti to re y upon 1735 New York Avenue, N,W,
the adequao/. accuracy and completeness oftbe seMces. certifications or approvals performed Washington, D,C, 2(XX)6.5292
by such design professionals.
opyr t . , " y merlcan nstltute 0 c ItectS. epro uctlon 0 t
material herein or substantial quotation of its provisions without written permission of the AlA violates the
copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document
was electronically produced with permission of the AlA and can be reproduced in accordance with your
license without violation until the date of expIration as noted below. expiration as noted below. User
Document: 97b151oa.aia - 12/16/2003. AlA license Number 1001523, which expires on 8/26/2004.
4
2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with
supporting documentation and data if deemed necessary by the Architect as provided in
Subparagraphs ).1.1 and ).).3, for the Owner's approval and execution in accordance with the
Contract Documents, and may authorize minor changes in the Work not involving an
adjustment in the Contract Sum or an ~xtension of the Contract Time which are consistent
with the intent of the Contract Documents.
2.6.14 The Architect shall conduct inspections to detennine the date or dates of Substantial
Completion and the date of final completion, shall receive from the Contractor and forward to
the Owner, for the Owner's review and records, written warranties and related documents
required by the Contract Documents and assembled by the Contractor, and shall issue a final
Certificate for Payment based upon a final inspection indicating the Work complies with therequirements of the Contract Documents. THS ooa-.NT HAS ~TANT LEGAL
CaISECX.t'M::'ES. C~TATJ(W WITH AN2615ThArhihU.d d .d . _Ii f th ATTORM"YISENCOORAQDWlTHRESPECT
. . e c tect s a mterpret an. eci e matters concemmg per ormance o. e TO ITS COf.pI.£TICW CM I,IK)CNFlCAnON.
Owner and Contractor under, and requirements of, the Contract Documents on wrItten AlmENTK:ATH:waTIISELICTRCWCALLY
request of either the Owner or Contractor. The Architect's response to such requests shall be DRNT£D AlA OOCtM"NT MAY BE MADE
made in writing within any time limits agreed upon or otherwise with reasonable promptness. BY USING AlA DOC~T 0401.
2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of
and reasonably inferable from the Contract Documents and shaD be in writing or in the form of
drawings. When making such interpretations and initial decisions. the Architect shall endeavor
to secure faithful performance by both Owner and Contractor, shaD not show partiality to
either, and shall not be liable for results of interpretations or decisions so rendered in good
faith.
2.6.17 The Architect shall render initial decisions on claims. disputes or other matters in
question between the Owner and Contractor as provided in the Contract Documents.
However. the Architect's decisions on matters relating to aesthetic effect shall be final if
consistent with the intent expressed in the Contract Documents.
2.6.18 The Architect's decisions on cl'!ims. disputes or other matters in question between the
Owner and Contractor, except for those relating to aesthetic effect as provided in Subparagraph
2.6.17. shall be subject to mediation and arbitration as provided in this Agreement and in the
Contract Documents.
ARTICLE 3 ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in thjs Article 3 are not included in Basic Services unless so
identified in Article u, and they shall be paid for by the Owner as provided in thjs Agreement,
in addition to the compensation for Basic Services. The services described under Paragraphs ).2
and ),4 shall only be provided if authorized or confirmed in writing by the Owner. If services
described under Contingent Additional Services in Paragraph ),3 are required due to
circumstances beyond the Architect's control, the Architect shall notify the Owner prior to
commencing such services. If the Owner deems that such services described under Paragraph
3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner
indicates in writing that all or part of such Contingent Additional Services are not required, the
Architect shall have no obligation to provide those services.01997 AlA.
AlA DOCUMENT 8151-1997
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES :~~~~:~~D OWNER-ARCHITECT
3.2. ~ If more e:ctensive representation at the site than is described in Subparagraph 2.6.5 is
required. the Architect shall provide one or more Project Representatives to assist in carrying The American Institute of Architects
out such additional on-site responsibilities. 1735 New York Avenue, N.W.
Washington, D.C. 2(XX)6-5292
3.2.2 Project Representatives shall be"selected, employed and directed by the Architect, and
the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties,
0 Copyright 1974, 1978, 1977, 1987, 0 1997 by The American Institute ot Architects. Reproduction ot the
material herein or substantial quotation of its provisions without written permission of the AlA violates the
copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document
was electronically produced with permission of the AlA and can be reproduced in accordance with your
license without violation until the date of expiration as noted below. expiration as noted below. User
Document: 97b151oa.aia - 12/16/2003. AlA license Number 1001523, which expires on 8/26/2004.
responsibilities and limitations of authority of Project Representatives shall be as described in
the edition of AlA Document B352 current as of the date of this Agreement, unless otherwise
agreed.
3.2.3 Through the presence at the site of such Project Representatives. the Architect shall
endeavor to provide further protection for the Owner against defects and deficiencies in the
Work. but the furnishing of such project representation shall nol modify the rights.
responsibilities or obligations of the Architect as described elsewhere in this Agreement.
3.3
3.3.1
are:
CONTINGENT ADDITIONAL" SERVICES
Making revisions in drawings. specifications or other documents when such revisions
TIIS DOCIHNT HAS '~T.ANT LEGAL
. CONSEOUE1K:ES. CCWSt4TA11<»t W1TH AN.1 inconsistent with approvals or instructions previously given by the Owner, ATTORNEY IS ENCOURAGED WITH RESPECT
including revisions made necessary by adjustments in the Owner's program or TO ITS COWfETk:w (Nf ~11<»t.
Project budget; AUTf£N7JCATlCW (»" THS ELECTRCNCALLY
DlWTED AlA DOClM"NT MAYBE MAD£
.2 required by the enactment or revision of codes, laws or regulations subsequent to BY USING ALA DOCtMNT 0401.
the preparation of such documents; or
.3 due to changes required as"a result of the Owner's failure to render decisions in a
timely manner.
3.3.2 Providing services required because of significant changes in the Project including. but
not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or
negotiating and contracting for construction, except for services required under Subparagraph
5.2.5.
3.3.3 Preparing Drawings, Specifications and other documentation and supporting data.
evaluating Contractor's proposals. and providing other services in connection with Change
Orders and Conslruction Change Directives.
3.3.4 Providing services in connection with evaluating substitutions proposed by the
Contractor and making subsequent revisions to Drawings, Specifications and otherdocumentation resulting therefrom. .
3.3.5 Providing consultation concerning replacement of Work damaged by fire or other
cause during construction. and furnishing services required in connection with the replacement
of such Work.
3.3.6 Providing services made necessary by the default of the Contractor, by major defects
or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner
or Contractor under the Contract for Construction.
3.3.7 Providing services in evaluatiQg an extensive number of claims submitted by the
Contractor or others in connection with the Work.
01997 AlA.
3.3.8 Providing services in connection with a public hearing. a dispute resolution proceeding AlA DOCUMENT B151-1997
or a legal proceeding except where the Architect is party thereto. ABBREVIATED OWNER-ARCHITECT
AGREEMENT
3.3.9 Preparing documents for alternate. separate or sequential bids or providing services in The American Institute of Architects
connection with bidding. negotiation or construction prior to the completion of the 1735 New York Avenue, N.W.
Construction Documents Phase. Washington. D.C. ~5292
3.4 OPTIONAL ADDITIONAL SERVICES
opyr g t , , " mencan nshtute 0 rc ects. epr oolon 0 e
material herein or substantial quotation of its provisions without written permission of the AlA violates the
copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document
was electronically produced with permission of the AlA and can be reproduced in accordance with your
license without violation until the date of expiration as noted below. expiration as noted below. User
Document: 97b151oa.aia - 12/16/2003. AlA license Number 1001523, which expires on 8/2612004.
6
3.4.1
Prejec'-
Pfe..-::Ii.~g 8ft8!,'SC:;..ef-tlte ~:.-;:"t.'.-Beeds-- pfeg:-alBH".:..~g -tlte fe~":'-::lHeB~..ef-tlte.
Providing financial feasibility or other special studies.
3.4.3
sites.
Providing planning surveys. site evaluations or comparative studies of prospective
3.4.4 Providing special surveys. environmental studies and submissions required for
approvals of governmental authorities or others having jurisdiction over the Project.
" :J Providing services relative to future facilities, systems and equipment. 111S OOCtMNT HAS 1I,pCNf1ANT LEGAL
3.4.8 Providing coordination of construction perfonned by separate contractors or by the
Owner's own forces and coordination of services required in connection with construction
perfonned and equipment supplied by the Owner.
3.4.9 Providing services in connection with the work of a construction manager or separate
consultants retained by the Owner. .
Pre..-:£--:g ee~ee estiRt8~eS 8(:b8H=,_-.;E4i8H beM.
3.4.11 Providing detailed quantity surveys or inventories of material. equipment and labor.
3.4.12 Providing analyses of owning and operating costs.
3.4.13 PFe':id:.-:g :.-:'eFieF desigA BAd e'heF 8:'-:-':'181' se:-:iees feElttiFed ~:'F eF:'-: eeAAee'ieA ~'.~~
the sele~..:eR, pFeettfemeA' eF mMellB'ieft ef: ~.;Ati'ttfe, ~.:Atishmgs BAd felB'ed eqttipmeA'.
3.4.14 Providing services for planning '\enant or rental spaces.
3.4.15 Making investigations. invent~ries of materials or equipment. or valuations and
detailed appraisals of existing facilities.
3.4.16 Preparing a set of reproducible record drawings showing significant changes in the
Work made during construction based on marked-up prints. drawings and other data furnished
by the Contractor to the Architect...~--3.4.17 Providing assistance in the utilization of equipment or systems such as testing. ---
adjusting and balancing. preparation of operation and maintenance manuals. training 01991 AIM
personnel for operation and maintenance. and consultation during operation. AlA DOCUMENT B151-1997
ABBREVIATED OWNER-ARCHITECT
3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment. or AGREEMENT
in the absence of a fina1 Certificate for Payment. more than 60 days after the date of Substantial .. .Completion of the Work. The American Institute of Architects
1735 New York Avenue, N.W.
3 4 19 P .d. .f I fi th th h.I ral ch .caJWashington, D.C. 2(XX)6-5292. . roVi mg semces 0 consu \ants or 0 er an arc Itectura. structu . me am
and electrical engineering portions of the Project provided as a part of Basic Services.
opyrl t , , " y e encan nstltute 0 c ItectS. epro uctton 0 t
material herein or substantial quotation of its provisions without written permission of the AlA violates the
copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document
was electronically produced with permission or the AlA and can be reproduced in accordance with your
license without violation until the date of expiration as noted below. expiration as noted below. User
Document: 97b151oa.aia -12/16/2003. AlA licens.e Number 1001523, which expires on 8/26/2004.
7
CalSECX.t'M:'£S. C(»6'(A.T ATKW WlTH AN
3.4.6 Providing services to investiga{e existing conditions or facilities or to make measured ATTORIEY IS ENC(X..frAa:D WJTH RESPEa
drawings thereof. TO ITS C~ (M ~TKW.
AUTIENnCAnoN OF THS ELEaR~Y
3.4.7 Providing services to verify the accuracy of drawings or other information furnished DRAFTED AlA DOCUM"NT MAY BE MADE
by the Owner. BY USING AlA DOaMNT 0«31.
3.4.20 Providing any other services not otherwise included in this Agreement or not
customarily furnished in accordance with generaDy accepted architectural practice.
ARTICLE 4 OWNER'S RESPONSIBILITIES
4.1 The Owner shall provide fuD il}formation in a timely manner regarding requirements
for and limitations on the Project, including a written program which shall set forth the
Owner's objectives. schedule, constraints and criteria. including space requirements and
relationships, flexibility, expandability, special equipment, systems and site requirements. The
Owner shall furnish to the Architect, within 15 days after receipt of a written request,
information necessary and relevant for the Architect to evaluate, give notice of or enforce lien
rights.
4.2 The Owner shall establish and periodically update an overall budget for the Project, ~~~=~~=~:::: = AN
including the Construction Cost, the Owner's other costs and reasonable contingencies related ATTORIEY IS uK:0IIlACLD W1TH RESPEG
to all of these costs. TO ITS C~ OR MOaFICATION.
AUTI£NTICA TIG'i a TIIS ELI CTR<»ICALL Y
4.3 The Owner shall designate a representative authorized to act on the Owner's behalf DRAFTED AlA JXX:tM"NT MAY BE ~
with respect to the Project. The Owner or such designated representative shall render decisions BY US1NG AlA DOC'UM"NT D«JJ.
in a timely manner pertaining to documents submitted by the Architect in order to avoid
unreasonable delay in the orderly and sequential progress of the Architect's services.
4.4 The Owner shall furnish surveys to describe physical characteristics. legal limitations
and utility locations for the site of the Project. and a written ler.al description of the site. The
surveys and legal information shall include. as applicable. grades and lines of streets. alleys.
pavements and adjoining property and structures; adjacent drainage; rights-of-way. restrictions.
easements. encroachments. zoning. deed restrictions. boundaries and contours of the site;
locations. dimensions and necessary data with respect to existing buildings. other
improvements and trees; and information concerning available utility services and lines. both
public and private. above and below grade. including inverts and depths. All the information on
the survey shall be referenced to a Project benchmark.
4.5 The Owner shall furnish the services of geotechnical engineers when such services are
requested by the Architect. Such services may include but are not limited to test borings, test
pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials.
ground corrosion tests and resistivity tests, including necessary operations for anticipating
subsoil conditions, with reports and appropriate recommendations.
4.6 The Owner shall furnish the services of consultants other than those designated in
Paragraph 4.5 when such services are requested by the Architect and are reasonably required by
the scope of the Project.
4.7 The Owner shall furnish structural. mechanical, and chemical tests; tests for air and
water poUution; tests for hazardous materials; and other laboratory and environmental tests,
inspections and reports required by law or the Contract Documents.
4.8 The Owner shall furnish all legal. accounting and insurance services that may be J
necessary at any time for the Project to meet the Owner's needs and interests. Such services 01997 AlAe
shall include auditing services the Owner may require to verify the Contractor's Applications AlA DOCUMENT B151-1997
for Payment or to ascertain how or for what purposes the Contractor has used the money paid ABBREVIATED OWNER-ARCHITECT
by or on behalf of the Owner. AGREEMENT
4.9 The. services, information, surveys and reports required by Paragraphs 4.4 through 4-8 The AmericMllnstitute of Architects
shall be furnIShed at the Owner's expen$e. and the Architect shall be entitled to rely upon the 1735 New York Avenue, N.W.
accuracy and completeness thereof. Washington. D.C. 20006-5292
opyn t , , " y merlCan ns Itute 0 c ItectS. epr uchon 0 t
material herein or substantial quotation of its provisions without written permission of the AlA violates the
copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlkensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document
was electronically produced with permission of the AlA and can be reproduced in accordance with your
license without violation until the date of expiration as noted below. expiration as noted below. User
Document: 97b1510a.aia -12/16/2003. AlA license Number 1001523, which expires on 8/2612004.
4.10 The Owner shaD provide prompt written notice to the Architect if the Owner becomes
aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in
the Architect's Instruments of Service.
ARTICLE 5 CONSTRUCTION COST
5.1 DEFINITION
5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not
completed, the estimated cost to the ~er of all elements of the Project designed or specified
by the Architect.
5.1.2 The Construction Cost shall include the cost at current market rates of labor and
materials furnished by the Owner and equipment designed. specified. selected or specially THS ~ HAS '~TANT LEGAL
provided for by the Architect. including the costs of management or supervision of CONSEQUENCES. Ca-ISULTAnONWITHAN
construction or installation provided by a separate construction manager or contractor. plus a ATTORIEY IS ENCOfIfAtZD WITH RESPf.CT
reasonable allowance for their overhead and profit. In addition. a reasonable allowance for TO ITS c~ CM ~TJC»I.
contingencies shall be included for market conditions at the time of bidding and for changes in AUTIENnCAnai OF THS ELECTR<»ICALLY
the Work. DRAFTED AlA DOCUf.§;NT MAYBE MADE
BY USING AlA DOCI.MNT 0«>1.
5.1.3 Construction Cost does not include the compensation of the Architect and the
Architect's consultants, the costs of the land, rights-of-way and financing or other costs that are
the responsibility of the Owner as provided in Article 4-
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's Project budget. the preliminary estimate of Construction
Cost and detailed estimates of Construction Cost. if any. prepared by the Architect. represent
the Architect's judgment as a design professional familiar with the construction industry. It is
recognized. however. that neither the Architect nor the Owner has control over the cost of
labor. materials or equipment. over the Contractor's methods of detemlining bid prices. or over
competitive bidding, market or negotiating conditions. Accordingly. the Architect cannot and
does not warrant or represent that bids or negotiated prices win not vary from the Owner's
Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to
by the Architect..
5.2.2 No fixed limit of Construction Cost shall be established as a condition of this
Agreement by the furnishing, proposal or establishment of a Project budget, unless such fIXed
limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has
been established, the Architect shaD be pennitted to include contingencies for design, bidding
and price escalation, to determine what materials, equipment. component systems and types of
construction are to be included in the Contract Documents, to make reasonable adjustments in
the scope of the Project and to include in the Contract Documents alternate bids as may be
necessary to adjust the Construction Cost to the fixed limit. Fixed lintits. if any. shaD be
increased in the amount of an increase in the Contract Sum occurring after execution of the
Contract for Construction.
5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after theArchitect submits the Construction Docyments to the Owner. any Project budget or fixed limit -
of Construction Cost shall be adjusted to reaect changes in the general level of prices in the 01997 AlA.
construction industry. AlA DOCUMENT B151-1997
ABBREVIATED OWNER-ARCHITECT
5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3) is AGREEMENT
exceeded by the lowest bona fide bid or negotiated proposal. the Owner shall:
The American Institute of Architects
1735 New York Avenue, N.W.
Washington, D.C. 2(XX)6.5292.1 give written approval of an increase in such fixed limit;
2 authorize rebidding or renegotiating of the Project within a reasonable lime;
0 Copyright 1974, 1978, 1977, 1987, 0 1997 by The American Institute ot Architects. Reproduction ot the
material herein or substantial quotation of its provisions without written permission of the AlA violates the
copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document
was electronically prodoced with permission of the AlA and can be reprodoced in accordance with your
license without violation until the date of expiration as noted below. expiration as noted below. User
Document: 97b151oa.aia -12/16/2003. AlA License Number 1<X>1523, which expires on 8/26/2004.
q
.3 tenninate in accordance with Paragraph 8.5; or
.4 cooperate in revising the Project scope and quality as required to reduce the
Construction Cost.
5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4. the Architect. without
additional compensation. shall modify the documents for which the Architect is responsible
under this Agreement as necessary to comply with the fixed limit. if established as a condition
of this Agreement. The modification of such documents without cost to the Owner shall be the
limit of the Architect's responsibility Wider this Subparagraph 5.2.5. The Architect shall be
entitled to compensation in accordance with this Agreement for all services performed whether
or not the C.n~ction Phase i.~ commenced.- -- - TIISDOClMNTHAS~TANTLEGAL
ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE CONSEOUENCES. CONStR. TA nON WITH AN
ATTORIEY IS ENCOORAGED WITH RESPECT
6.1 Drawings. specifications and other documents. including those in electronic fonn. TO ITS COf.pLETDI CNl.1«DFICATKW.
prepared by the Architect and the Architect's consultants are Instruments of Service for use AllTIENTICATICW'a'"THSELECTRc.ICAu.Y
solely with respect to this Project. The Architect and the Architect's consultants shaD be DRAFTED AlA DOCtMNT MAY BE MADE
deemed the authors and owners of their respective Instruments of Service and shaD retain aD BY USING AlA DOC~NT 0«>1.
common law. statutory and other reserved rights, including copyrights.
6.2 Upon execution of this Agreement. the Architect grants to the Owner a nonexclusive
license to reproduce the Architect's Instruments of Service solely for purposes of constructing.
using and maintaining the Project. provided that the Owner shall comply with all obligations.
including prompt payment of all sums .when due. under this Agreement. The Architect shall
obtain similar nonexclusive licenses from the Architect's consultants consistent with this
Agreement. Any termination of this Agreement prior to compktion of the Project shall
terminate this license. Upon such termination. the Owner shall refrain from making further
reproductions of Instruments of Service and shall return to the Architect within seven days of
termination all originals and reproductions in the Owner's possession or control. If and upon
the date the Architect is adjudged in default of this Agreement. the foregoing license shall be
deemed terminated and replaced by a second. nonexclusive license permitting the Owner to
authorize other similarly credentialed design professionals to reproduce and. where permitted
by law. to make changes. corrections or additions to the Instruments of Service solely for
purposes of completing. using and maintaining the Project.
6.3 Except for the licenses granted in Paragraph 6.2, no other license or right shall be
deemed granted or implied under this Agreemenl, The Owner shall not assign, delegate,
sublicense, pledge or otherwise transfer any license granted herein to another party withoulthe
prior written agreement of the Architecl. However, the Owner shall be permitted lo authorize
the Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers lo -
reproduce applicable portions of the Instrumenls of Service appropriate lo and for use in their --
execution of the Work by license granted in Paragraph 6.2. Submission or distribution of
Instruments of Service to meet official regulatory requirements or for similar purposes in
connection with the Project is not to be construed as publica lion in derogation of the reserved ~, ,::.rights of the Architecl and the Archilecl's consultants. The Owner shall not use the Instruments "' '~-
of Service for future additions or alterations lo this Project or for other projects, unless the -
Owner obtains the prior written agreement of the Archilecl and the Architect's consultants.
Any unauthorized use of the Instruments of Service shall be al the Owner's sole risk and 01997 AlA.
withoUlliability lo the Architect and the Archilect's consultants, AlA DOCUMENT B151-1997. ABBREVIATED OWNER-ARCHITECT
6 4 Pri th Ar h' ,din the A I fSe ' ,lec ,AGREEMENT, or to e c llect proV1 g lo VWllCr any nstruments 0 rvICe me ironIC
fonn or the Owner providing lo the Archilecl any electronic data for incorporation into the The American Institute of Architects
Instruments of Service, the Owner and the Archilect shall by separate written agreement set 1735 New York Avenue, N.W,
forth the specific conditions governing the formal of such Inslruments of Service or electronic Washington, D.C, 20006-5292
data, including any speciallimitalions or licenses nol otherwise provided in this Agreemenl.
ARTICLE 7 DISPUTE RESOLUTION
C) Copyright 1974, 1978, 1977, 1987, 0 1997 by The American Institute ot Architects. Reproduction ot the
material herein or substantial quotation of its provisions without written permission of the AlA violates the
copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document
was electronically produced with permission of the AlA and can be reproduced in accordance with your
license without violation until the date of expiration as noted below. expiration as noted below. User
Document: 97b151oa.aia -12/16/2003. AlA License Number 1001523, which expires on 8/26/2004.
10
7.1 MEDIATION
7.1.1 Any claim. dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to arbitration or the
institution of legal or equitable proceedings by either party. If such matter relates to or is the
subject of a lien arising out of the Architect's services. the Architect may proceed in accordance
with applicable law to comply with the lien notice or filing deadlines prior to resolution of the
matter by mediation or by arbitration.
7.1.2 The Owner and Architect shall endeavor to resolve claims. disputes and other matters
in question between them by mediation which. unless the parties mutually agree otherwise,
shall be in accordance with the Construction Industry Mediation Rules of the American
Arbitration Association currently in effecL Request for mediation shall be filed in writing withhthh'Ag d 'th h Am ,Arb, ,Assoc "Th THSDOCUftE.NTHAS/~TANTLEGAL t eo er party to t 15 reem~nt an ~ t e encan rtratl,on, latlo,n, e request CONSEOUEfK:ES CONSUlTATION WlTHAN
may be made concurrently WIth the filing of a demand for arbitration but, m such event, ATTCWEYISOCCXmAa'DWlTHRESP£CT
mediation shall proceed in advance of arbitration or legal or equitable proceedings. which shall TO ITS COftAETKW ~ ~ncw
be Stayed ~nding mediation for a pe~od of 60 days from the date of filing, unless stayed for a AUTI£NT1CAnON OF TIIS ELECTRcwcALLY
longer penod by agreement of the parties or court order, DRAFTED AlA DOCU~ MAY BE MADE
BY USl1K; AlA DOCVft£NT 0«>1.
7.1.3 The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in the place where the Project is located, unless another location is mutually
agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements
in any court having jurisdiction thereof.
7.2 .A.R8IJR.A.JIQ~~
7.2.1 ARy -eIatm; disp~.e -ef -et:heF -fttat:tft -iR ~~es.i8o a=-~:.~g -etit: -ef -ef =-~Ie.ed 4e 4ts
.A -bFeemeo. -sftaD -ee s~bieE. 4e 8fbi.F&.i8o. -I1fieF 4e eFbi.Fe.i8f1,.~ -sftaD efldeeY8F 4e
~~I...e disp~.es by lHedie.i8f1:'~ &EE8FdeBEe ..;-:...L. P&FagF8ph 1.!.
7.2.2 Gla:..~s. eisptf~es ~ ~ f8a~~efS -ift ~lfes~ieft !Je~..veeft 4e paRies 4Itti -.Fe ~-
~3&~..'ee.:e., lBeeia~ieft-5ltell-* eeeie:;;:! tJi' &ftJi~re~ieft ..':hielt, tfftless ~e p~--.ies IBIf~tfaRi' agree
e e:--:.;s::, ~ -* -ift &eeeFeaftee -wit:ft 4he Gefts~:--.:e~ieft Iftetf~..:--; .A~~i...~~ieft -RtiIes -ef 4he.
.A~~eFieaR .A .::tJi~F8~ieft .A.sseeia~ieft etfFFeft~li' iR-effeEt::-+he eelBafte .r:;F aFtJi~F&~ieft s8all tJe f.!ee
iA ::~iRg -wit:ft 4he ~ -tJaftY -I:e 4is .A.g::;elBeft~ ~ -wit:h 4e .A~~eFieaft .A .::tJi~Fa~ieft
.A ~i8~ieR.
7.2.3 A ElefR&nEl-fef &mi~ra~ien ~-M-mede-wtthiR-& feesen<le-l:ilBe..ftef-lfie-El9ilftJ-
ElispH~e ef e~hef fR&~~ef ;.~ EJHeftien has &::.scn, In ns e':eft~ shaD ~he ElefR&nEl f::f aflti~f&~ien Ite
maEIe..ftef -!:he -EIete -wfteft ifts~i~H~ieft -ef. -eF eEJHi~<le pfeeeeEl;.~gs -gese6-eft -suEIt -El9iIftJ-
ElispH~e Sf e~hef fR&~~ef ;.~ EJHes~ieft ..':eHIEIlte lteffeEiltj' ~he &pplieeltle sta~H~e ef 1;'7.i~&~iens,
7,2,4 Ne 8F9i...~~ieH 8::.:.i.~g ~ -ef -ef rel8~iHg -toe -this .A.g:--;:elfteHt -shall i.~e&ttdeJ -hy -
eeHS9lidetieH eF jeiHdeF ef-iH 8H]' ether maftHeF,-8ft additieH811Jef59H-ef~ Het 8 p8R]'te
tftis .A-6-~meHt,~-hy~~ Eeftt8iftiAg-e-5peeifte ref=~=ftEe-toe4ftis ,A.g:-~et;Beftt-
attd -sigHed -hy -the Q~..~eF, .A ':Ehiteet, -8ftd ..wf -etheF pe:--":;H -ef -eftlIty -settgAt -toe -he jeiAed, - ~
beR5eftt-4e 8FbitFetieH ift~'e&..iRg aft edditi6fta&-pefS9ft-ef~-shaII ftet eeHstitttte eeft5eftt-toe- ~8Fbi~Feti6R -ef ..wf -eIaiftt; dispttte -ef -etheF fRaIler -iH (juestieH -flet d=--~Fihed -iH -the o::Ueft - '
E6ft5eftt 8F ~..-:Ih 8 peFS9ft eF efttit], ftet R::.~ed 8F deSEFibed theFeift. +he f~:-~eiftg agFeefReft~ ~e
ef9itHte-8ftd-etheF 8g:-=efReHt5-toe-ef9if;Nte..,..i4,ft-8ft additieftal~ eF eftlil,. dull' eeft5eHted ~~7 ~7UMENT B151-1997
t9-hy-pefties-toe-this .A.gFeefReftt-shall-he speeiftE8U]' eRf~Feeable-iH 8EEeFd8Hee..,..i4,ft 8pplieable- ABBREVIATED OWNER-ARCHITECT
la~..' iA 8H" eettR h8..'iRg jtt::.xietieft there8f. AGREEMENT
7.2.5 :rfte-award feRdefed.:tJy-the eF9itmtef ef eFbitfetefs sheU-he-ftft&h-aftfi judgffieRt-may- The American Institute of Architects
be eRteFed Up9ft it iR eee9fdeRee ,:..;th epplieable Ie':::"... eft). eeUR ha.:iRg ju~.x.ie~ieR the::;ef. 1735 New York Avenue, N.W.
Washington, D.C. 2(XX)6-5292
CLAIMS FOR CONSEQUENtiAL DAMAGES7.3
opyrl t , , " y mencan nstJtute 0 r I ects. epr uctJon 0
material herein or substantial quotation of its provisions without written permission of the AlA violates the
copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document
was electronically produced with permission of the AlA and can be reproduced in accordance with your
license without violation until the date of expiration as noted below. expiration as noted below. User
Document: 97b1S1oa.aia -12/1612003. AlA license Number KX>lS23, which expires on 8126/2004.
11
The Architect and Owner waive consequential damages for claims, disputes or other matters in
question arising out of or relating to this Agreement. This mutual waiver is applicable, without
limitation, to all consequential damages due to either party's termination in accordance with
Article 8.
ARTICLE 8 TERMINATION OR SUSPENSION
8.1 If the Owner fails to make payments to the Architect in accfJrdance with this
Agreement. such failure shaD be considered substantial nonperfonnance and cause for
tennination or. at the Architect's option. cause for suspension of performance of services under
this Agreement. If the Architect elects to suspend services. prior to suspension of services, the
Architect shall give seven days' written notice to the Owner. In the event of a suspension of
services, the Architect shall have no liability to the Owner for delay or damage caused the
Owner because of such suspension of services. Before resuming services, the Architect shall be THS DOCUMENT HAS '~TANT LEGAL
paid all sums due prior to suspension and any expenses incurred in the interruption and CONSEOUENCES. CONSUl.TATIONWlTHAN
resumption of the Architect's services. The Architect's fees for the remaining services and the ATTORNEY IS ENCOURAGED WITH RESPECT.h d I hall be .tabl ad.sted TO ITS COf,IfPLETION OR 1«JDIFICATIOfJ.time sc e u es s eqUl y Ju . AUTf£NnCATION OF THS ELECTROMCALLY
. . . DRAFTED AlA DOCUftfENT MAYBE MADE
8.2 If the ProJect IS suspended b1 the Owner for more than 30 consecutIve days. the BYUSlNGAIADOCUftfENTD401.
Architect shall be compensated for services performed prior to notice of such suspension.
When the Project is resumed, the Architect shall be compensated for expenses incurred in the
interruption and resumption of the Architect's services. The Architect's fees for the remaining
services and the time schedules shaD be equitably adjusted.
8.3 If the Project is suspended or the Architect's services are suspended for more than 90
consecutive days, the Architect may terminate this Agreement by giving not less than seven
days' written notice.
8.4 This Agreement may be terminated by either party upon not less than seven days'
written notice should the other party fail substantially to perform in accordance with the terms
of this Agreement through no fault of the party initiating the termination.
8.5 This Agreement may be terntinated by the Owner upon not less than seven days'
written notice to the Architect for the Owner's convenience and without cause.
8.6 In the event of termination not the fault of the Architect, the Architect shall be
compensated for services performed prior to temlination, together with Reimbursable Expenses
then due and all Termination Expenses as defined in Paragraph 8.7.
8.7 Termination Expenses are in addition to compensation for the services of the
Agreement and include expenses directly attributable to termination for which the Architect is
not otherwise compensated. plus an amount for the Architect's anticipated profit on the value
of the services not perfonned by the Architect.
ARTICLE 9 MISCELLANEOUS PROVISIONS
9.1 This Agreement shall be govertJed by the law of the principal place of business of the
Architect. unless otherwise provided in Article 12.
01997 AlAe9.2 Terms in this Agreement shall have the same meaning as those in the edition of AlA AlA DOCUMENT B151-1997
Document MOl, General Conditions of the Contract for Construction, current as of the date of ABBREVIATED OWNER-ARCHITECT
this Agreement AGREEMENT
9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to The American Institute of Architects
hall be d d h d d h I .abl f I. ..hall 1735 New York Avenue, N.W.act s eeme to ave accrue an t e app lC e statutes 0 lInltatlons s commence W h' t DC 20006-5292to run not later than either the date of Substantial Completion for acts or failures to act as Ing on, . .
~urring prior to Substantial Completion or the date of issuance of the final Certificate for
Payment for acts or failures to act occurring after Substantial Completion. In no event shall.
opyrlg t . , ,. y merlcan nstatute 0 rc ItectS. epro uctlon 0 t e
material herein or substantial quotation of its provisions without wrinen permission of the AlA violates the
copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed
photocopying violates u.s. copyright laws and will subject the violator to legal prosecution. This document
was electronically produced with permission of the AlA and can be reproduced in accordance with your
license without violation until the date of expiration as noted below. expiration as noted below. User
Document: 97b151oa.aia -12/16/2003. AlA license Number 1001523, which expires on 8/26/2004.
12
such statutes of limitations commence to run any later than the date when the Architect's
services are substantially completed.
9.4 To the extent damages are covered by property insurance during construction, the
Owner and Architect waive all rights against each other and against the contractors,
consultants, agents and employees of the other for damages, except such rights as they may
have to the proceeds of such insurance as set forth in the edition of AlA Document A2O1,
General Conditions of the Contract for Construction, current as of the date of this Agreement.
The Owner or the Architect. as appropriate, shall require of the contractors, consultants. agents
and employees of any of them similar waivers in favor of the other parties enumerated herein.
9.5 The Owner and Architect. respectively. bind themselves, their partners. successors.
assigns and legal representatives to the other party to this Agreement and to the partners. THS OOCUt.v:NT HAS ItoFORTANT LEGAl.
su.ccessors, assigns a.nd legal representatives of such other party with respect to all covenants of CCN'ISEQKM:£S. C(»6(4TATKW WITH AN
thi.s Agreement. Neither the Owner nor the Architect shall assign this Agreement without the A TTCNlIEY IS ENCOl.wAa-D WlTH RESP£G
wntten consent of the other. except that the Owner may assign this Agreement to an TOITSC~~ORforJaFICA~.
institutional lender providing financing for the Project. In such event. the lender shall assume AUTlENTlCAnc»I C»" THS ELECTR(NCALLY
the Owner's rights and obligations under this Agreement. The Architect shall execute all DRNTED AlA DOCL.M:NT MAY BE MADE
consents reasonably required to facilitate such assignment BY USING AlA DOCUt.v:NT D40r.
9.6 This Agreement represents the entire and integrated agreement between the Owner
and the Architect and supersedes all prior negotiations, representations or agreements. either
written or oral. This Agreement may be amended only by written instrument signed by both
Owner and Architect. .
9.7 Nothing contained in this Agreement shall create a contractual relationship with or a
cause of action in favor of a third party against either the Owner or Architect.
9.8 Unless otherwjse provided in this Agreement. the Architect and Architect's
consultants shall have no responsibility for the discovery. presence. handling. removal or
disposal of or exposure of persons to hazardous materials or toxic substances in any form at the
Project site.
9.9 The Architect shall have the right to include photographic or artistic representations
of the design of the Project among the &chitect's promotional and professional materials. The
Architect shall be given reasonable access to the completed Project to make such
representations. However. the Architecl~s materials shall not include the Owner's confidential
or proprietary information if the Owner has previously advised the Architect in writing of the
specific information considered by the Owner to be confidential or proprietary. The Owner
shall provide professional credit for the Architect in the Owner's promotional materials for the
Project.
9.10 If the Owner requests the Architect to execute certificates, the proposed language of
such certificates shall be submitted to the Architect for review at least .. days prior to the
requested dates of execution. The Architect shall not be required to execute certificates that
would require knowledge, services or responsibilities beyond the scope of this Agreement.
ARTICLE 10 PAYMENTS TO THE ARCHITECT :~7 =UMENT B151-1997
10.1 DIRECT PERSONNEL EXPENSE ABBREVIATED OWNER-ARCHITECT
Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged AGREEMENT
on the Project and the portion of the cost of their mandatory and customary contributions and
benefits related thereto, such as employment taxes and other Statutory employee benefits, The American Institute of Architects
insurance, sick leave, holidays. vacations, employee retirement plans and similar contributions. 1735 New York Avenue, N.W.
Washington, D.C. 2<XXI6-5292
10.2 REIMBURSABLE EXPENSES
opyn t , , " y Ican nsh ute 0 rc ItectS. epr uct on
material herein or substantial quotation of its prpvisions without written permission of the AlA violates the
copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document
was electronically produced with permission ot the AlA and can be reproduced in accordalKe with your
license without violation until the date of expiration as noted below. expiration as noted below. User
Document: 97b151oa.aia -12/16/2003. AlA License Number 1001523, which expires on 8/26/2004.
13
10.2.1 Reimbursable Expenses are in' addition to compensation for Basic and Additional
Services and include expenses incurred by the Architect and Architect's employees and
consultants directly related to the Project, as identified in the following Clauses:
1 transportation in connection with the Project. authorized out-or-town travel and
subsistence. and electronic communications;
.2 fees paid for securing approval of authorities having jurisdiction over the Project;
.3 reproductions. plots. standard form documents, postage. handling and delivery of
Instruments of Service;
THS DOCUMENT HAS I/tRMTANT LEGAL.4 expense of overtime work requiring higher than regular rates if authorized in CONSEQUENCES. CONSULTATION WtTHAN
advance by the Owner; . ATTORNEY IS ENCOURAGED WITH RESPECT
TO ITS C~nON OR MOaFICATlON..5 renderings, models and mock -ups requested by the Owner; AUTIENTICATION OF TIIS ELECTROMCAi.L Y
DRAFTED AlA DOCU"";NT MAYBE MADE
.6 expense of professional liability insurance dedicated exclusively to this Project or BY USING AlA DOCU"";NT 0401.
the expense of additional insurance coverage or limits requested by the Owner in
excess of that normally carried by the Architect and the Architect's consultants;
.7 reimbursable expenses as designated in Article 12;
.8 other similar direct Project -related expenditures.
10.3 PAYMENTS ON ACCOUNT OF 8ASIC SERVICES
10.3.1 An initial payment as set forth. in Paragraph 11.1 is the minimum payment under this
Agreement.
10.3.2 Subsequent payments for Basic Services shan be made monthly and, where applicable,
shall be in proportion to services performed within each phase of service, on the basis set forth
in Subparagraph 11.2.2.
10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this
Agreement is exceeded or extended through no fault of the Architect. compensation for any
services rendered during the additional period of time shall be computed in the manner set
forth in Subparagraph 11.3.2.
10.3.4 When compensation is based o-n a percentage of Construction Cost and any portions
of the Project are deleted or otherwise not constructed, compensation for those portions of the
Project shall be payable to the extent services are performed on those portions, in accordance
with the schedule set forth in Subparagraph 11.2.2, based on (1) the lowest bona fide bid or
negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary
estimate of Construction Cost or detailed estimate of Construction Cost for such portions of
the Project.
The American Institute of Architects
10.5 PAYMENTS WITHHELD .. 1735 New York Avenue, N.W.
No deductions shall be made from the Architect's compensation on account of penalty, Washington, D.C. 20006-5292
liquidated damages or other sums withheld from payments to contractors, or on account of the
cost of changes in the Work other than those for which the Architect has been adjudged to be
liable.
opyrlg t , , " y merlcan nstltute 0 rc ItectS. epr uctlon 0 t e
material herein or substantial quotation of its provisions without written permission of the AlA violates the
copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document
was electronically produced with permission of the AlA and can be reproduced in accordance with your
license without violation until the date of expiration as noted below. expiration as noted below. User
Document: 97b151oa.aia - 12/16/2003. AlA license Number 1001523, which expires on 8/26/2004.
14
10.6 ARCHITECT'S ACCOUNTING RECORDS
Records of Reimbursable Expenses and expenses pertaining to Additional Services and services
performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be
available to the Owner or the Owner's authorized representative at mutually convenient times.
ARTICLE 11 BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
11.1 An Initial Payment of ~ Dollars ($ 0..00) shall be made upon execution of this
Agreement and credited to the Owner's account at final payment.
THS DOCU~NT HAS If.PQRTANT LEGAL11.2 BASIC COMPENSATION CONSEOU£NCES. C0NSt4TATJCWWJTHAN
11.2.1 For &sic Services. as described in Article 2. and any other services included in Article ATTafIEY IS ENCCXMACZD WITH RESPEG
12 as part of Basic SeIVices. Basic Compensation shall be computed as follows: TO 1J:s COf.pL£T1ON ~ MCDFICATJCW.
(b1$eI1l8is of compensatJ"on. includiJ1$ stiPU/.tftf sums. nlultipks or pe=t.es. and ~ntify pb&fes to whidl AUTIENTlCATlON OF TIIS ELECTRC»ICALLY
PI'ticuJ.r mdlIods of compens.tion 6ppiy. if~) DRNTm AlA OOCLM:NT MAYBE ~
litl:i[): RelKWation. DesiKD. ConstnK:tion Documents. Biddina and CA 148.000.00 BY USIMi AlA DOCf.MNT 001.
FFE - Desi&D. S~fjcations. Biddlna and ~ for Shelving. FumibJre and Signasc $26.000.00
11.2.2 Where compensation is based on a stipulated sum or percentage of Construction
Cost. progress payments for Basic Services in each phase shall total the following percentages of
the total Basic Compensation payable:
(Insnt diiti0n6/ piJ- as .ppropri.te.)
Schematic Design Phase:
Design Development Phase:
Construction Documents Phase:
Bidding or Negotiation Phase:
Construction Phase:
percent (10 %)
percent (2.Q %)
percent (.40. %)
percent (s. %)
percent ( zs. %)
one hundred percent (100%)Total Basic Compensation
11.3 COMPENSATION FOR ADDITIONAL SERVICES
11.3.1 For Project Representation Beyond Basic Services. as described in Paragraph }.2.
compensation shall be computed as follows:
An ~ lump sum based on the r~uired efforts for the additional project represent.1tion.
11.3.2 For Additional Services of the Architect, as described in Articles 3 and u. other than
(1) Additional Project Representation. as described in Paragraph 3.2, and (2) services included -
in Article u as part of Basic Services, but excluding services of consultants. compensation shall --
be computed as follows: . ~
(/nmt basis of compelJS8tion, inckJdjng nrtes IIKl multiples of DiIa"t p~ Expense for Principals arid
nnpJo~ and id~ntify Prina~fs and cT&tfify nnpjoyees. if trquiJat /dmtify sp«ific services to which patticular ,-
metbodsofcom~lI$6tion~n .jf---~rv.) . -, .-
r-- -r. ,- ...0. . - .°-
An i8[=d lump sum based on ~uired effOfts for the r~uesled additional services. -.::
11.3.3 For Additional Services of Consultants, including additional structural. mechanical
and electrical engineering services and those provided under Subparagraph }.+19 or identified ::7 ~UMENT B151-1997
in Article u as part of Additional Services. a multiple of one and 1/15 ( L1s. ) times the ABBREVIATED OWNER-ARCHITECT
amounts billed to the Architect for such services. AGREEMENT
(Identify sptoa"fic types of consultants in Artjc/e 12, iflaJuiIwt)
The American Institute of Architects
11.4 REIMBURSABLE EXPENSES 1735 New York Avenue, N.W.
For Reimbursable Expenses. as described in Paragraph 10.2, and any other items included in Washington, D.C. 2(XX)6-5292
Article 12 as Reimbursable Expenses, a multiple of one and 1/1 5 ( L.1.S. ) times the expenses
incurred by the Architect, the Architect's employees and consultants directly related to the
Project
t . , " y merKan nstltute 0 rc ItectS. epr uchon 0
material herein or substantial quotation of its provisions without written permission of the AlA violates the
copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed
photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document
was electronically produced with permission of the AlA and can be reproduced in accordance with your
license without violation until the date of expiration as noted below. expiration as noted below. User
Document: 97b151oa.aia - 12/16/2003. AlA license Number 1OO1S23, which expires on 8/26/2004.
15
11.5 ADDITIONAL PROVISIONS
11.5.1 If the Basic Services covered by this Agreement have not been completed within
~ ( 12. ) months of the date hereof. through no fault of the Architect. extension of the
Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.),3
and 11.).2.
11.5.2 Payments are due and payable ~ ( J..Q ) days from the date of the Architect's
invoice. Amounts unpaid forty-five ( .:45. ) days after the invoice date shall bear interest at the
rate entered below, or in the absence the~f at the legal rate prevailing from time to time at the
principal place of business of the Architect.
([n.-t /We of in~ Ielr«i uJK'D.)
THS ooaNNT HAS ~ ANT LEGAL
CONSEQUENCES. CONStR.TATION WITH AN
(Usury /6..,. and rrquimnents undn- the Fer/n Tnlth in LendiJW Ad. simiUr SUIt' ~ k.J CDIJSUmer awiit /6~ ATT(;Nf1.:Y IS ENC~ WITH RESPECT
and ~ IrgUUtiolJs ., the o-s ~ AIdlit«t s pfDd}Mi p/aw of J.IsiI-. the ~ of the l'1o~ ~ TO ITS C~ cm. ~ ncw.
~ ,IDlY .JTa:t the t'a6di!y of ~ ptrwisiOD. SP«:i/k;. itBai ~ sboukI hi: ~ with JrsP«I to ckktions a- AUTI£NT1CA ncw OF THS ELECTRaICAU Y
modi5c6tions, and .1.10 reg.nting rrqwmnents such &f written di~ or _WIs.) DRAFTED AlA DOCUfI£NT MA Y BE MADE
BY USIMi AlA lX)Cj,M,NT 0«)1.11.5.3 The rates and multiples set forth for Additional Services shall be adjusted in
accordance with the normal salary review practices of the Architect.
ARTICLE 12 OTHER CONDITIONS OR SERVICES
(/JJWJt deR:riptions of other NrVices. idmtify. AddiIiOJW Servkes induckd within Bak CompelWuon IIJd
modi6c6lK¥l61o the ~t IIJd cwnpelJS6lion terms incRxied in ibis ~L)
This Agreement entered into as of the day and year first written above.
OWNER (~)ARCHITECT (Si8lJalwr)
{P1iDtaf IJ.- 8Jd Iitk} ..IJ.-(PriDIaI D-..'" Iitk) ~
D-..
01991 AlAe
AlA DOCUMENT B151-1997
ABBREVIATED OWNER-ARCHITECT
AGREEMENT
The American Institute of Architects
1735 New York Avenue, N.W.
Washington, D.C. 2(XX)6-5292
0 Copyrlgnt 1914, 1978, 1917, 1981, 0 1997 by {he American Institute ot Architects. Reproduction of the
material herein or substantial quotation of its provisions without written permission of the AlA violates the
copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed
photocopying violates U.S. copyright laws and Will subject the violator to legal prosecution. This document
was electronically produced with permission of the AlA and can be reproduced in accordance with your
license without violation until the date of expiration as noted below. expiration as noted below. User
Document: 97b15\oa.aia -12/16/2003. AlA license Number 1001523, which expires on &'26/2004.
16
ARTICLE 12
OTHER CONDITIONS OR SERVICES
The provisions of this Article 12 take precedence over any provision of the printed form 8151 (1997
Edition) which is in conflict with this Article 12.
ADMINISTRATION OF THE CONSTRUCTION CONTRACT
12.1.1 The Architect's responsibility to provide Basic Services for the Construction Phase under
this Agreement commences with the award of the Contract for Construction and
terminates at the earlier of the issuance to the Owner of the final Certificate for Payment
or 60 days after the date of Substantial Completion of the Work established in the
Contract for Construction between the Owner and Contractor{s).
CONSTRUCTION OBSERVATION
12.2.1 As regards Article 2.6.5, the Owner and Architect agree that the Architect shall provide, as
Basic Services, up to 38 trips of on-site observation and said observation shall occur on
dates established for construction progress meetings, or such other times as requested by
Owner.
ACTION ON SUBMITTALS
The Architect's obligations under Paragraph 2.6.11 are conditioned upon the prior review
and approval of Shop Drawings, Product Data and samples by the Contractor as required
by Paragraph 3.12.5 of the 1997 edition of the General Conditions of the Contract for
Construction published by the American Institute of Architects.
LIMITED LIABILITY OF A CORPORATION
12.4.1 The Owner acknowledges that the Architect is a corporation and agrees that any claim
made by the Owner arising out of any act or omission of any director, officer or employee
of the Architect, in the execution or performance of this Agreement, shall be made against
the Architect and not against such director, officer or employee.
LIMITATION OF LIABILITY
12.5.1 In recognition of the relative risks and benefits of the project to both the Owner and the
Architect, the risks have been allocated such that the Owner and persons claiming
through the owner agree, to the fullest extent permitted by law, to limit the liability of the
Architect, its agents, consultants and employees for any and all claims, losses, costs, and
damages of any nature whatsoever or claims expenses from any cause or causes, including
attorneys' fees and costs and expert witness fees and costs, to an amount equal to the
Architect's fee for services received on this project, or $500,000.00, whichever is greater.
Such claims and ca.uses include, but are not limited to tort damages, contract damages,
Page of9
indemnification damages, strict liability damages, liquidated damages, punitive damages,
consequential damages, incidental damages, direct damages or any penalty.
CONTRACTOR'S OBLIGATION TO INSURE FOR BODILY INJURY CLAIMS
12.6.1 Owner will require the Contractors responsible for construction to purchase insurance to
cover claims and expenses, induding costs of defense, asserted against Architect, its
agents, employees and consultants for bodily injury, sickness, disease or death caused by
any negligent act o~ omission of the Contractor, any Subcontractor, anyone directly or
indirectly employed by them or anyone for whose acts any of them may be liable. Such
insurance shall State that, "The coverage afforded the additional insureds shall be primary
insurance for the additional insured with respect to claims arising out of operations
performed by or on behalf of the contractor. If the additional insureds have other
insurance which is applicable to the loss, such other insurance shall be on an excess or
contingent basis. The amount of the company's liability under this insurance policy shall
not be reduced by the existence of such other insurance."
RESPONSIBILITY FOR CODE COMPLIANCE
12.7.1 The Architect shall "conform the Drawings and Specifications with all applicable federal,
state and local laws, statutes, ordinances, rules, regulations, orders or other legal
requirements, including but not limited to all zoning, building, occupancy, environmental
and land use laws, requirements, regulations and ordinances relating to the construction,
use and occupancy of the Project (collectively "Governmental Requirements") existing on
the date of this Agreement. However, Owner recognizes that interpretations by
governmental officials ("Code Authority-) are often subject to change even after issuance
of a building permit. If after award of the building permit, modifications to the Drawings
or Specifications are required because of an interpretation by the Code Authority which
had not been previously given, or which if given, was different than a prior interpretation
of the Code Authority, Architect shall make the required modifications, but the cost of
such modifications shall be considered a Contingent Additional Service. Nothing
contained herein shall relieve the Architect of its obligations to modify at its own expense
Plans and Specifications where the Architect has negligently failed to prepare them in
compliance with the applicable Government Requirements.
STANDARD OF CARE/DISCLAIMER OF WARRANTIES
12.8.1 Nothing contained In this Agreement shall require the Architect to exercise professional
skill and judgment greater than that which can be reasonably expected from other
architects performing similar services to those required hereunder. Architect makes no
other warranties, express or implied. This limitation shall not be modified by any
certification or representation made by Architect as an accommodation upon request of
Owner. Architect shall not be responsible for any failure to follow or apply any
knowledge or techniques which were not generally known, acknowledged or accepted as
of the time during which Architect is performing his services under this Agreement The
parties acknowledge that notwithstanding the exercise of due care and skill, no set of
plans and specifications is entirely free of errors and omissions and that the existence of
Page 2 of 9
an error or omission does not automatically constitute a breach of the standard of care.
Accordingly, if, as a. result of any negligent acts, errors and omissions of which the
Architect has legal responsibility, the Owner incurs an accumulation of excess costs over
two percent (2%) of the actual project construction cost, the Architect shall bear the
burden of such accumulation of excess costs over the 2%; provided said accumulation of
excess costs shall not include any improvement costs or betterment costs and shall not
exceed the difference between (1) the actual construction costs resulting from such
negligent acts, errors and omissions of the Architect and (2) an estimate of what such costs
would have been at the time of the signing of the construction contract. The Architect
shall have no liability for any such excess costs which are less than two percent (2%) of the
actual project construction costs.
INVOICING AND PAYMENT
All invoices rendered by Architect shall be due 30 days from date of Architect's invoice.
Within fifteen days of receipt of Architect's invoice, Owner shall examine the invoice in
detail to satisfy himself as to its accuracy and completeness and shall raise any questions
or objections which he may have regarding the invoice within this fifteen day period.
After fifteen days from receipt of Architect's invoice, Owner waives any question or
objection to the invoice not previously raised. Architect shall be entitled to recover all
costs, including attorney's fees, incurred in enforcing any provisions of this Agreement
FORCE MAJEURE
In the event Architect is hindered, delayed or prevented from performing its obligations
under this Agreement as a result of any fire, flood, landslide, tornado or other act of God,
malicious mischief, theft, strike, lockout, other labor problems, shortages of material or
labor, failure of any governmental agency or Owner to furnish information or to approve
or to disapprove Architect's work or any other cause beyond the reasonable control of
Architect, the time for completion of Architect's work shall be extended by the period of
resulting delay. .
12.10.1
INDEMNITY FROM CONTRACTOR REQUIRED IN CONSTRUCTION CONTRACT
Architect will cause the following clause to be inserted in the construction contract(s) and
Owner shall not permit it to be modified or deleted:
12.11.1
To the fullest extent permitted by law, the Contractor shall waive any right of contribution
and shall indemnify and hold harmless the Owner, the Architect and their agents and
employees and consultants from and against all claims, damages, losses and expenses,
including but not limited to attorneys' fees and economic or consequential damages,
arising out of or resulting from or in connection with the performance of the Work,
provided that any such claim, damage, loss or expense is caused in whole or in part by
any negligent act or omission of any Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part by a party indemnified hereunder. Such
obligation shall not be construed to negate, abridge, or otherwise reduce any other right
12.11.2
Page 3 of 9
or obligation of indemnity which would otherwise exist as to any party or person
described in this Agreement
12.11.3 In any and all claims against the Owner or Architect or any of their agents or employees
and consultants by any employee of the Contractor or any Subcontractor, anyone directly
or indirectly employed by any of them or anyone for whose acts any of them may be
liable, the indemnification obligation under this Paragraph agreement shall not be limited
in any way by any limitation on the amount or type of damages, compensation or benefits
payable by or for the Contractor or any Subcontractor under workers' or workmen's
compensation acts, disability benefit acts or other employee benefits acts.
12.11.4 Claims, damages, losses and expenses as these words are used in this Agreement shall be
construed to indude, but not be limited to (1) injury or damage consequent upon the
failure of or use or misuse by Contractor, its Subcontractors, agents, servants or
employees, of any ~oist, rigging, blocking, scaffolding, or any and all other kinds of items
of equipment whether or not the same be owned, furnished or loaned by Owner; (2) all
attorneys' fees and costs incurred in bringing an action to enforce the provisions of this
indemnity or any other indemnity contained in the General Conditions, as modified by
the Supplementary General Conditions; and (3) time expended by the party being
indemnified and their employees, at their usual rates plus costs of travel, long distance
telephone and reproduction of documents."
Only to the extent necessary to prevent this provision from being void under Oklahoma
law, this indemnity "agreement shall not require the Contractor to indemnify the Owner,
Architect, their consultants, agents or employees against their own negligence.
12.11.5
THIRD PARTY BENEFICIARY12.12
12.12.1 No person or entity other than Owner is intended to be a beneficiary of Architect's
services under this Agreement However, Architect will cause the following dause to be
inserted in the construction contract(s), and Owner shall not modify or delete it:
"Architect is intended to be a third party beneficiary of this contract"
12.13
12.13.
INDEMNITY FOR DEVIATIONS
The Owner may choose to disregard the advice of the Architect or may otherwise choose
to deviate during construction from the construction documents prepared by the
Architect. Therefore, Owner hereby indemnifies and holds harmless the Architect, its
agents, employees and consultants from and against all claims, damages, losses and
expenses, including but not limited to attorneys' fees and economic damages, arising out
of, in connection with, or resulting from the performance (or failure to perform) of any
aspect of construction of the Project, where the Owner has knowingly authorized or
permitted a deviation from any document prepared by the Architect which, over
Architect's objection, has not been corrected or where the Owner has elected not to
follow any written recommendation of the Architect In the event that Architect or any
other party indemnified hereunder is required to bring an action to enforce the provisions
Page 4 of 9
of this indemnity, the indemnifying party shall pay the attorneys' fees and costs incurred
by the indemnified party in bringing this action.
INDEMNITY FOR HAZARDOUS SUBSTANCES12.14
12.14.1 Architect, its principals, employees, agents or consultants shall perform no services relating
to the investigation, detection, abatement, replacement, discharge, or removal of any
toxic or hazardous ~ntaminants or materials. Owner waives any right of contribution
against and agrees to indemnify and hold harmless Architect, its principals, officers,
directors, members, partners, employees, independent contractors and consultants from
and against any and all claims, losses, damages and expenses (induding reasonable
attorneys' fees and litigation costs arising out of, in connection with, or resulting from the
presence of any toxic or hazardous contaminants or materials at the project site or the
investigation, detection, abatement, replacement, discharge or removal of such
contaminants or materials. In the event Architect or any other party indemnified
hereunder is required to incur expenses, induding attorneys' fees and litigation costs, in
enforcing this indemnity obligation, such attorneys' fees and litigation costs shall be paid
by Owner to Architect. This Article shall survive the termination or completion of this
Agreement -
12.14.2 Owner represents to Architect that no hazardous or toxic substances within the meaning
of any applicable statute or regulation are presently stored, or otherwise located on the
Project site or adjacent thereto. Further, within the definition of such Statutes or
Regulations, no part of the Project site or adjacent real estate, including the ground water
located thereon, is presently contaminated with such substances.
CREDIT AND PUBLICITY
12.15.1 Owner agrees, and will obtain a similar agreement from the Contractor, to the effect that
the Architect will be properly identified and will be given appropriate credit on all signs,
press releases and other forms of publicity for the Project Owner will permit Architect to
photograph and make other reasonable use of the Project for promotional purposes.
SERVICE TAX
12.16.1 If any governmental authority imposes a tax on the professional service set forth in this
Agreement and obligates the Architect to playa role in its collection, the Architect may
indude the amount of the tax in its periodic invoices, and Owner agrees to pay it
AMERICANS WITH DISABIUTIES ACT
Architect shall conform its Drawings and Specifications to the requirements of the
Americans With Disabilities Act Accessibility Guidelines (.ADMC', but Owner shall be
solely responsible for compliance with the remaining provisions of the Americans With
Disabilities Act (.ADA.). Owner and Architect further recognize that interpretations of the
ADA by governmental officials and/or courts of law may vary or change. Should such
variance or change require Architect to make the required modifications, such
12.17.1
Page50f9
modifications shall be considered a Contingent Additional Service. Further, Owner
acknowledges that the ADA, induding ADMG, is a new law presenting numerous difficult
interpretations issues. Accordingly, Architect shall only be liable for gross negligence in
connection with any allegation that its design does not properly comply with ADA or
ADMG.
12.18 ELECTRONIC MEDIA
12.18.1 If Architect is required to deliver any services required hereunder in the form of electronic
encoded media, the printed representation of such media furnished by the Architect shall
be the official record of Architect's services. Owner shall have a right to rely only on such
printed representat1on in connection with any subsequent modification of such electronic
media and agrees to indemnify, defend and hold Architect harmless from all cost and
expense, including attorneys' fees from claims which arise out of modification of such
electronic media or printed representation by or on behalf of Owner without Architect's
consent
12.19 JOB SITE SAFETY
12.19.1 It is intended that the Architect shall have no responsibility for job site safety on the
Project Contractor- shall have full and sole authority for all safety programs and
precautions in connection with the Work. When Architect is present at the site, such
presence shall be only for the purpose of endeavoring to protect the Owner against any
deviations or defects in the completed construction work, and Architect shall have no
authority to take any action whatsoever on the site regarding safety precautions or
procedures. Specifically, Owner and Architect acknowledge the following:
.1 The Architect shall not supervise or control the Work
.2 The Architea does not retain the right to supervise or control the Work.
.3 The Architect shall not regularly or constantly participate in the ongoing activities
at the construction site.
.4 The Architect shall not supervise or coordinate the Subcontractors.
.5 The Architect shall not have authority or take responsibility for safety precautions
at the jobsite.
.6 The Architect shall not have authority to issue change orders except at the explicit
diredjon of-the Owner.
The Architect shall not have the right to stop the Work..7
.8 The Architect shall not own any construction equipment at the jobsite
Page 6 of 9
.9 The Architect is not familiar with construction customs and practices with regard
to jobsite safety or means, methods and procedures of performing the Work.
.10 The Architect is not in a position to assure worker safety or to alleviate equipment
deficiencies or improper work habits.
12.20 ARCHITECT'S CERTIFICATIONS
12.20.1 Any Certificate of Payment, Certificate of Substantial Completion or any other certification
shall be issued only for those Contract Documents prepared by the Architect Such
certifications shall be to Architect's best knowledge and belief and only to such matters for
which Architect would have knowledge by reason of its performance of this Agreement
VERIFYING EXISTING CONDITIONS
12.21.1 Architect shall not be responsible for the verification of the condition of subsurface
conditions or for the condition of existing structures, equipment or appliances, unless such
verification can be made by simple visual observation. If, after Drawings and
Specifications are prepared, it appears from the uncovering of parts or portions of an
existing structure that Drawings or Specifications must be altered to conform to previously
hidden conditions, all such work shall be performed by the Architect as an Additional
Service.
12.22
12.22.1
OWNER'S CONSULTANT'S TRANSMITTAL OF INFORMATION
Architect shall coordinate the transmittal of information or documents among or between
various Owner's Consultants but shall not analyze or review the information or documents
unless specifically necessary for performance of Architect's services. Owner and Architect
agree that Architect shall have no responsibility or liability to Owner for any errors or
omissions in Owner's Consultant's services even if documents or information arising from
such services are transmitted through Architect for use by others, or if Architect relies on
such documents or information to provide its services, unless Architect has actual
knowledge of any error or omission.
EXPANSIVE SOILS
12.23.1 The selection of a floor system, when a project is to be built on expansive soils, warrants
special consideration by the Owner. In selecting a floor system one must consider the
risks, cost of construction, cost of maintenance and potential benefits of a particular
system. Accordingly, the Owner shall have sole responsibility to select the type of floor
system that provides which they believe is the correct balance of function, risk, and
economics for this project. In this regard, below is a brief narrative on Soil Supported
Slabs and StructuraHy Supported Floors follows:
12.23.2 Soil Supported Slabs (generally referred to as Slabs-on-Grades
12.23.2.1 Soil supported slabs generally consist of a relatively thin reinforced concrete slab cast
Page 7 of 9
directly on soil. The soil is generally improved to reduce the potential for ground
movement Soil improvement (generally referred to as sub-grade treatment or sub-
grade preparation) may consist of a number of techniques including, but not limited
to, moisture conditioning of the existing soils, over-excavation, replacement and re-
compaction, and importing and placing select fill. It is common to use combinations
of these techniques. The Geotechnical Engineer includes written recommendations
for soil impro~ent in the Geotechnical Investigation Report
12.23.2.2 Generally, a soil-supported slab is the least expensive option for ground floor construction.
However, this system also carries the most risk for post construction movement All soil-
supported slabs are subject to movement. The Owner should understand and expect that
movement will occur. At this site, the native souls are expansive clays and heave upward
during wet, rainy seasons, and contract or settle during dry spells. Correspondingly, slab
movement could be either upward or downward. Some portions of the slab will tend to
reach equilibrium, or a point at which they no longer move. However, other portions of
the slab will continue to move with each seasonal change, throughout the life of the
building.
12.23.2.3 In Geotechnical Investigation Reports statements of potential vertical rise (PVR) are
estimates. Soils are rarely homogenous materials of uniform depth with consistent
moisture conditions. Therefore, the geotechnical engineer must balance the results of
sampling, testing and engineering calculations, with experience and judgment to
determine the potential for vertical rise. Statements of PVR are estimates that can be
exceeded. They are intended as a guide or a reference point, and not an absolute
maximum.
12.23.2.4 Soil supported slabs are entirely dependent on the soil conditions and will move with the
soil. Slab design has no influence on the magnitude of movement. Potential movement
can only be minimized (not eliminated) by sub-grade preparation techniques.
12.23.2.5 Many Owners are willing to accept the potential risk of slab movement and benefit from
the lower initial construction costs. However, any slab movement (even a small fraction
of an inch) has the potential to crack finish materials on floors, wall and even ceilings. In
addition, d1e movement will not be uniform. Consequently, floors may not be level.
12.23.2.6The Owner of this project should consider the acceptability of these risks. Additional
consideration should be given to the areas of the building with special requirements (i.e.
rooms with super dean environments, sensitive equipment, or concentrated use by
disabled individuals). Some Owners consider the cracks in finish materials and the non-
level floors to be aesthetically and/or functionally unacceptable. Other Owners find the
continual repair of finish materials to be an unacceptable expense.
Structurally Supported Floors12.23.3
12.23.3.1 The alternative to a soil supported ground floor slab is a structurally supported floor.
Several types of supported floor systems are common. They include both structural steel
frames and concrete frames. Some systems utilize a crawl space below the floor and
Page8of9
.
others are cast on biodegradable void forms. They all have one thing in common. They
are isolated from the expansive soils. The risk of post construction movement in this
system is diminished. However, the reduction of risk comes at a price. Structurally
supported floor systems generally add several dollars per square foot (of supported floor
area) to the initial construction cost At vehicular, storage or equipment areas, these
additional costs may be substantially higher due to the heavier loading conditions.
Page 9 of 9
PHilLIPS SWAGER ASSOCIATES
STANDARD HOURLY RATE SCHEDULE
EFFECTIVE 7-1-03
ClASSIFICATION RANGE
150
150
105
80
105
110
65
105
140
140
65
45
Sr. Planner/Designer
Sr. Project Mgr.
Sr. Architectural Designer
Project Architect
Sr. Project Representative
fstimatorNalue Engineer
Architectural Tech.
Sr. I nterior Designer
Sr. Project Engineer
Sr. Design Engineer
Engineering Tech.
Clerk/T ypist
DEPT: Finance
DATE: January 27, 2004
ITEM #: 7/J
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a Service Agreement with DataProse Inc. to perform the monthly water bill printing, folding,
inserting, presorting and postage, at a total cost of approximately $0.465 per printed bill and authorizing the City
Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY: Staff is recommending the water bill printing, folding, inserting and automated mail
presorting process be outsourced at this time. The current in-house printing and folding equipment is
approximately ten years old and outdated. This equipment has been having mechanical problems on a regular
basis, and the vendor is indicating they will not be offering a maintenance agreement option in the near future.
Rather than replace the existing equipment, staff believes it would be more efficient to outsource the print shop
function to an outside vendor.
We are recommending outsourcing this function to DataProse, Inc. DataProse currently performs this service for a
number of our surrounding cities, such as Plano, Duncanville, Bedford, Highland Park, Highland Village, and
Mansfield. DataProse will be able to secure the lowest possible automated presort postage rate; therefore, the
additional postage savings will basically cover the cost of outsourcing the printing process. Currently, we have
estimated the total direct cost to prepare and mail water bills in-house is $0.4718, and the estimated total cost to be
charged per bill by DataProse will be $0.4650. The funds for this service are currently budgeted in the Utility
Billing Division’s postage, computer supplies, equipment maintenance and printing line item accounts.
FINANCIAL COMMENTS: No financial impact, funds are currently budgeted in Utility Billing.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: $DataProse-1AR
Document Title:
DataproseClientList
Page 1 of 2 Last Revised:
1/16/04 9:10:32 AM
Partial list of clients made especially for
the City of Coppell
Town of Highland Park Bill Pollock
Finance Manager
4700 Drexel Dr
Dallas, Texas
214.521.4161 Incode
City of Seagoville Sharon McCandless
Utility Manager
PO Box 369
Seagoville, Texas
972.287.6825 STW
City of Plano Tom Whitten
Utility Manager
PO Box 860277
Plano, Texas
972.941.7352 H.T.E.
Benbrook Water & Sewer Authority David Wasson
Assistant Manager
1121 Mercedes St
Benbrook, Texas
817.249.1250 STW
City of Lake Worth Debbie Whitley
Office Manager
3805 Adam Grubb
Lake Worth, Texas
817.237.1211 STW
City of Bedford Tom Ross
Finance Manager
2000 Forest Ridge Dr.
Bedford, Texas
817.952.2177 New World
City of Durant Earlene Wade 300 W. Evergreen
Durant, OK
580.924.8551 Incode
City of Pflugerville Tracy Hibbs
Utility Billing Supervisor
POB 589
Pflugerville, TX
512.251.3076 Incode
City of Atchison July Gwartney
Utility Billing Supervisor
515 Kansas Ave
Atchison, KS
913.367.5500 Incode
City of Highland Village Marty Coursey
Chief Accountant
1000 Highland Village Rd
Highland Village, TX
972. 899.5089 Incode
City of Cedar Park Lory Shultz
Utility Billing Supervisor
600 N Bell Blvd
Cedar Park, TX
512.258.4121 Incode
City of Bridgeport Kathy Stinnett
Utility Billing Supervisor
812 Halsell St
Bridgeport, TX
940.683.5906 STW
City of Paris Gene Anderson
Finance Manager
135 SW
Paris, TX
903.785.7511 STW
Galveston County Water District April McDaniel 1911 Pine Drive
Dickinson, TX
281.337.1577 STW
City of Rosenberg Cory Cmajdalka
IT Manager
2110 4th Street
Rosenberg, TX
832.595.3990 H.T.E.
City of Mansfield Todd Williams 1305 E. Broad St.
Mansfield, TX
817.473.9371 STW
City of Stephenville Mark Kaiser
Finance Manager
298 W Washington
Stephenville, TX
254-918-1220 Incode
City of Nacogdoches Kay Tolbert
Utility Billing Manager
209 S Pecan St
Nacogdoches, TX
936.559-2590 New World
City of Georgetown Kathy Ragsdale
Utility Billing Mgr.
113 East 8th Street
Georgetown, TX
(512) 930-3682 Incode
City of Pittsburg Jon Garrison
Finance Director
201 W 4th St
Pittsburg, KS
(316) 231-4100 Incode
City of Rockport Dawn Bennett
Finance Manager
PO Box 1059
Rockport, TX
(361) 729-2213 Incode
City of Flatonia Robert Wood PO Box 375
Flatonia, TX
(361) 865-3548 Incode
City of Saginaw Janice England 333 W Mcelroy Blvd
Saginaw, TX
(817) 232-4640 STW
Document Title:
DataproseClientList
Page 2 of 2 Last Revised:
1/16/04 9:10:32 AM
McLennan Co. Electric Coop Dee Dee Lauterbach 101 N Main St.
McGregor, TX
(254) 840-2871 Daffron
City of Katy Byron Hebert
Finance Director
910 Ave C
Katy, TX 77493
(281) 391-4811 Incode
City of Mt. Pleasant Brenda Reynolds 501 N Madison
Mt. Pleasant, TX
(903) 575-4000 STW
Dallas Co. Water Dist. #6 Lajon Hutton PO Box 8040
Balch Springs, TX
(972) 286-4477 STW
City of Abilene Linda Simpson PO Box 60
Abilene, TX
(915) 676-6474 Incode
City of Plaquemine Kristine H Morales
Mayor’s Assistant
PO Box 675
Plaquemine, LA
(225) 687-3116 Incode
City of Gainesville Mary Jarvis
Utility Billing Mgr.
200 South Rusk
Gainesville, TX
(940) 668-4500 STW
City of Granbury Don Ives
Finance Manager
116 W Bridge St
Granbury, TX
(817) 573-1114 Incode
Englewood Water District Susan Franklin 200 S. Indiana
Englewood, Fl
941-474-3217 HTE
City of Bartow Kevin O’Leary 450 North Wlson
Bartow, FL 33831
863-534-0100 Incode
PRODUCTION AGREEMENT
Last updated: 1.16.2004
Page 1 of 3
Client:_________DataProse:_________
This Production Agreement (Agreement) is made and entered into as of the 1st day of December, 2003 (Effective Date), by and between DataProse, Inc., a California
Corporation (DataProse), and the City of Coppell, organized under the laws of Texas (Client). In consideration of the mutual promises and benefits contained herein,
the parties hereby agree as follows:
ARTICLE 1 SCOPE OF PRODUCTION AGREEMENT. DataProse agrees to provide to Client services defined in Schedule 1.0, and Client agrees that
DataProse shall be its exclusive provider of these goods and/or services during the term of this Agreement. During the term of this Agreement, the Client agrees to
produce a minimum monthly quantity of 12,000 invoices (“Minimum Commitment”) for a period of 12 months, based upon the rates and terms provided herein. In
the event that the Client does not fulfill the Minimum Commitment during any given month, or for the required period, then Client shall pay to DataProse a Minimum
Processing Fee in an amount that shall be calculated based upon the Minimum Commitment and the rates and terms provided herein.
ARTICLE 2 COMPENSATION. In full and complete compensation for all goods and/or services provided by DataProse hereunder, Client agrees to pay
DataProse according to the rates set forth in Schedule 1.0. DataProse will provide an invoice to Client after each production run consisting of the fees, as outlined
in Schedule 1.0 and postage used. Invoices are due upon receipt and will be considered past due if not paid within 30 days. A monthly late charge will be assessed
on statements not paid within thirty (30) days. The late payment charge will be 1-1/2% per month applied to the invoice amount unpaid (30) thirty days after billing
to Client. The prices charged by DataProse to Client for the services listed in Schedule 1.0 will not be increased for a period of 12 months from the Effective Date of
this Agreement (“Pricing Period”). All DataProse prices are subject to increase following this initial Pricing Period or any subsequent Pricing Period, and upon written
notice and accepted by Client.
ARTICLE 3 TERM. The initial term of this Agreement shall commence as of the Effective Date, and shall continue for one (1) year with two (2) renewal
terms unless terminated earlier in accordance with provisions found elsewhere in this Agreement. This Agreement shall renew itself for successive one (1) year terms
unless written notice of cancellation is received by one party from the other if a party exercises its right to terminate the Agreement at the end of the initial term or
at the end of any succeeding one (1) year renewal term(s) by sending written notice of non-renewal to the other party no later than thirty (30) days before the
expiration of the current term.
ARTICLE 4 POSTAGE. DataProse will require that Client maintain a permanent postage deposit in connection with this agreement. Client shall deposit
in advance with DataProse the initial sum specified on Schedule 2.0 as the permanent postage deposit. The amount required to be deposited with DataProse may
be changed by DataProse on a periodic basis based upon changes in Client’s volume, postage usage, or payment history. Client will be notified in writing and in
advance if the deposit is changed. Upon termination of this Agreement, DataProse shall return the deposit amount to Client after payment for all Services and postage
has been paid by the Client. If this Agreement is terminated due to default of Client, DataProse may apply any of Client’s funds it holds against any sum owed by Client
to DataProse upon termination of this Agreement. IF CLIENT FAILS TO MAINTAIN THE DEPOSIT AT THE ADJUSTED LEVELS, OR IF CLIENT FAILS TO MAINTAIN
CURRENT STATUS OF ALL INVOICES AS DESCRIBED IN ARTICLE 2, DATAPROSE MAY IMMEDIATELY SUSPEND ITS PERFORMANCE UNDER THIS AGREEMENT AND
WILL HOLD CUSTOMER’S MAIL UNTIL THE DEPOSIT IS RECEIVED. Upon termination or expiration of this agreement such deposit shall be returned to client.
ARTICLE 5 TERMINATION. Client or DataProse may terminate this Agreement for an event of default defined below if such default remains uncured (30)
thirty days after written notice of the default has been received from the party declaring the default.
(1) Failure of Client to pay for all goods and/or services as provided in this Agreement. In addition to other remedies provided by this
Agreement and pursuant to law, DataProse has the right to withhold production and mailing of any further production cycles until Client’s
account is brought current.
(2) Any other breach by Client or DataProse of a term or condition of this Agreement.
(3) Bankruptcy or insolvency of either party.
(4) Failure of DataProse performance
(5) In the event the client fails to budget annual funds for payment of the services provided herein in accordance with the state law, the client
may terminate without penalty upon ninety (90) days written notice.
ARTICLE 6 FORCE MAJEURE. Neither party shall be responsible for delays or failures in performance resulting from acts or occurrences beyond the
reasonable control of such party, including, without limitation: fire, explosion, power failure, flood, earthquake or other act of God; war, revolution, civil commotion,
terrorism, or acts of public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such
government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing or boycotts. In such event, the party affected shall be excused
from such performance (other than any obligation to pay money) on a day-to-day basis to the extent of such interference (and the other party shall likewise be excused
from performance of its obligations on a day-to-day basis to the extent such party’s obligations relate to the performance so interfered with).
ARTICLE 7 CONFIDENTIALITY. DataProse agrees that any and all data, reports and documentation supplied by Client or its affiliates or third parties on
Client’s behalf, which are confidential and which are clearly designated as confidential, shall be, subject only to the disclosure required for the performance of
DataProse’s obligations hereunder, held in strict confidence and shall not be disclosed or otherwise disseminated by DataProse without the consent of Client under
the laws of the State of Texas.
ARTICLE 8 INDEMNIFICATION. Client agrees to indemnify and hold DataProse harmless for any and all claims from any person, firm, or entity whatsoever
that may arise in connection with Client’s supplying to DataProse the data, reports or other documentation necessary to perform its duties under this Agreement, except
that such indemnification shall not extend to any claims that result from action by DataProse, its officers, employees or agents or anyone acting on behalf of DataProse
if such action is in violation of one or more terms of this Agreement.
ARTICLE 9 WARRANTIES. DataProse shall provide all goods and/or services in a good and first class workmanlike manner in accordance with the terms
specifically set forth in Schedule 1.0. The parties hereto agree that this Agreement is only for the production of goods and/or services.
THIS WARRANTY CONSTITUTES THE ONLY WARRANTY WITH RESPECT TO THE GOODS AND SERVICES TO BE PROVIDED TO CLIENT. THE STATED WARRANTY
IS IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF
MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.
ARTICLE 10 LIMITATION OF LIABILITY. The liability of DataProse with respect to any failure to provide the goods and/or services as required under this
Agreement shall in each case be limited to the compensation paid to DataProse for the defective goods or services. DATAPROSE IS NOT LIABLE FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFIT OR INCOME, even if DataProse has been advised of the possibility of such loss or damage. This provision
will not be affected by DataProse’s failure to correct any defect or replace any defective work product to Client’s satisfaction. Client has accepted this restriction on
its right to recover consequential damages as a part of its bargain with DataProse. Client acknowledges what DataProse charges for its goods and services would be
PRODUCTION AGREEMENT
Last updated: 1.16.2004
Page 2 of 3
Client:_________DataProse:_________
higher if DataProse were required to bear responsibility for Client’s damages.
ARTICLE 11 GOVERNING LAW AND JURISDICTION. This Agreement shall be governed and interpreted in accordance with the laws of the state of Texas,
without giving effect to the principles of choice of laws of such state. The parties each consent to the jurisdiction and venue of the Court of Dallas County, Dallas,
Texas, as to any matters initiated in state court.
ARTICLE 12 SEVERABILITY. If a court or an arbitrator of competent jurisdiction holds any provision of this agreement to be illegal, unenforceable, or invalid
in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected.
ARTICLE 13 WAIVER; MODIFICATION OF AGREEMENT. No waiver, amendment or modification of any of the terms of this Agreement shall be valid
unless in writing and signed by authorized representatives of both parties hereto. Failure by either party to enforce any rights under this Agreement shall not be
construed as a waiver of such rights, nor shall a waiver by either party in one or more instances be construed as constituting a continuing waiver or as a waiver in
other instances.
ARTICLE 14 NOTICE. All notices must be in writing and if not personally delivered, be sent by facsimile or by first class mail, or by electronic mail. Notices
will be effective on the day when delivered, addressed to the other party at the address show in this Agreement. Either party may change the address to which notices
are to be sent by giving notice of such a change to the other party.
Addresses for purpose of giving notice are as follows:
If to DataProse:If to Client:
DataProse, Inc. City of Coppell
1451 North Rice Avenue, Suite A 255 Parkway Blvd.
Oxnard, CA 93030 Coppell, TX 75019
Attention: Chief Executive Officer Attention: Financial Officer
ARTICLE 15 ENTIRE AGREEMENT. This Agreement and its exhibits constitute the final, complete, and exclusive statement of the terms of the agreement
between the parties pertaining to the production of goods and services for Client by DataProse, and supercedes all prior and contemporaneous understandings or
agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty outside those
expressly set forth in this Agreement.
ARTICLE 16 ATTORNEY FEES. In the event of any claim, dispute or controversy arising out of or relating to this Agreement, including an action for
declaratory relief, the prevailing party in such action or proceeding shall be entitled to recover its court costs and reasonable out-of-pocket expenses not limited to
taxable costs, including but not limited to phone calls, photocopies, expert witness, travel, etc., and reasonable attorney fees to be fixed by the court. Such recovery
shall include court costs, out-of-pocket expenses and attorney fees on appeal, if any. The court shall determine who is the prevailing party, whether or not the dispute
or controversy proceeds to final judgment. If either party is reasonably required to incur such out-of-pocket expenses and attorney fees as a result of any claim arising
out of or concerning this Agreement or any right or obligation derived hereunder, then the prevailing party shall be entitled to recover such reasonable out-of-pocket
expenses and attorney fees whether or not action is filed.
ARTICLE 17 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties
hereto. The parties hereto execute this Agreement through their duly authorized officers, as of the day and year first written above.
DATAPROSE, INC.: CLIENT:
By: By:
Glenn A. Carter, President
Date: Title: Date: .
Schedule 1.0 – Fees for Goods & Services
Paper Bill (Includes: data processing & simplex, 2-color, laser imaging, 8.5x11 at 3.5” from bottom, #10
double window env, #9 single window reply env., folding, inserting, presorting and delivery to USPS)
Search & ViewBill (Includes: data processing, pdf creation, search & access capabilities & hosting of pdf
files for 3 months from creation date)$0.18 Per Bill
Additional Search & ViewBill Storage beyond 3 months (As requested by client) $0.01 Per Bill
Additional Impressions (inserts/flyers)$0.05 Per Impression
Additional Inserts (generic inserts)$0.01 Per Insert
Technical Services (including programming & insert/forms composition) $350.00 One time charge
Schedule 2.0 – Permanent Postage Deposit
Permanent Postage Deposit (Based on two (2) months estimated volume of 12,000) $7,224.00 (2 mos. Volume * .301)
Schedule 3.0 – Performance Guarantee
DataProse will deliver clients bills within an average of one (1) Business Day after the applicable Determination Date (as Defined herein). Such average time period
will be determined by measuring the number of elapsed Business Days between each respective determination date and the date which a majority amount of the
Client’s bills were mailed for consecutive three (3) month period. The “Determination Date” is the date which data is received – either via electronic transmission (FTP
or modem) or hard copy media (tape or disk) if prior to 12 noon, local time. If data is received after 12 noon, local time, the Determination Date is the Business
Day immediately following the date data is received.
PRODUCTION AGREEMENT
Last updated: 1.16.2004
Page 3 of 3
Client:_________DataProse:_________
Schedule 4.0 – Glossary of Terms
Impression Laser Imaging of one side of one piece of paper. Each physical piece of paper can contain two (2) impressions.
USPS United States Postal Service
Laser Imaging The process where the application of dry toner (ink) is electro statically applied and bonded to a piece of paper.
Simplex Laser Imaging of one (1) side of a piece of paper only.
Duplex Laser Imaging of both (2) sides of a piece of paper.
OE Outer Envelope – This envelope is used as the carrier mechanism for all information contained in a package to be
mailed.
RE Reply Envelope – This envelope is usually utilized by a customer to return information/payment requested by on
organization.
Presorting The act of organizing mail according to the rules and regulations defined by the USPS in order to achieve lower
postage rates and increase deliverability of mail.
Business Day Any day in which the USPS as well as the U.S. Federal Reserve are open for business.
U.S. federal holiday All Holidays as defined by the U.S. Federal Reserve.
24x7 24 hours a day, 7 days a week.
Additional Inserts Any item requested to be placed into the mail container above and beyond (a) the bill and (b) the RE .
Container One complete piece of mail packaged into one OE.
Bill Data and other information pertaining to one (1) account number and usually in reference to one customer
DEPT: Finance
DATE: January 27, 2004
ITEM #: 7/K
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a resolution amending the existing contract for collection of delinquent taxes between the
City of Coppell and Nichols, Jackson, Dillard, Hager & Smith, LLP and Linebarger, Goggan, Blair & Sampson,
LLP, and authorizing the Mayor to sign the resolution and the City Manager to sign the contract.
GOAL(S):
EXECUTIVE SUMMARY: Staff is recommending approval of increasing the delinquent tax collection fee from
fifteen percent to twenty percent as authorized by the State Legislature in 2001. This additional penalty is borne by
the delinquent taxpayer, not the City of Coppell; and, has been fifteen percent for approximately 24 years. The
current collection firm’s level of effort and bankruptcy expertise far exceeds the delinquent tax collection firms
previously utilized by the City of Coppell. In addition to the typical collection efforts, this firm performs a high
number collection calls and personal site visits, as well as, has a local staff of five bankruptcy attorneys.
FINANCIAL COMMENTS: The increase in percentage will be paid by the delinquent taxpayer.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: $taxcollect-1AR
COPPELL & COPPELL ISD
ADDITIONAL COLLECTION PENALTY FOR
DELINQUENT TAX COLLECTIONS
Seventy-Seventh Legislative Session passed H.B. 490 on May 15, 2001, allowing the additional
collection penalty (attorney fees) for delinquent tax collections to be increased from 15% to
20%.
The additional penalty has been 15% for the past 24 years, and is now being increased to 20%
as a “cost of living” increase.
Costs of personnel, postage, telephone, rent and computer support have increased dramatically in
the past 24 years. Postage alone, has increased by 147%, with the cost of a stamp increasing
from $0.15 in 1980, when legislation was first enacted allowing the collection penalty, to the
current rate of $0.37 in 2004.
Taxpayers have multiple opportunities to pay their tax bill without incurring any additional
penalty. While our collection program emphasizes full payment, we work with the elderly,
hardship cases and taxpayers that require payment arrangements to pay off their debt over time.
LGB&S will pay for any software programming costs that the City incur to allow for this
increase.
If approved by both Coppell and Coppell ISD, the City would amend its delinquent tax
contract with Linebarger Goggan Blair & Sampson, LLP and Nichols, Jackson, Dillard, Hager
& Smith, L.L.P. on behalf of both the City and School District. The Coppell ISD approved
this increase to the additional penalty on January 12, 2004. The required May 33.07 Pass-
Through Notice will instruct delinquent taxpayers of the adopted change.
This amendment will have no financial impact on the City of Coppell or Coppell ISD, as the
additional penalty is paid by the delinquent taxpayer. All costs for delinquent tax collections are
borne by the law firm, resulting in a “cost free” collection program for both the City and School
District.
Our Dallas area clients that have already approved this fee increase include: Dallas County,
Dallas, Dallas ISD, Balch Springs, Carrollton, Cockrell Hill, Coppell ISD, DeSoto,
Duncanville, Duncanville ISD, Grand Prairie, Grand Prairie ISD, Hutchins, Lancaster
ISD, Richardson, Rowlett, Seagoville, Sunnyvale, Sunnyvale ISD and Wilmer, as well as
hundreds of other counties, cities and school districts throughout the state. (See attached list of
clients).
1/20/2004
LINEBARGER GOGGAN BLAIR & SAMPSON, LLP
TAXING ENTITIES WITH 20% COLLECTION PENALTY
(AS OF JANUARY 20, 2004)
CAMERON COUNTY
RIO HONDO ISD
SAN BENITO ISD
CHAMBERS COUNTY
CHAMBERS COUNTY
CHAMBERS COUNTY HOSPITAL DISTRICT
CHAMBERS LIBERTY COUNTIES NAVIGATION DISTRICT
CITY OF MONT BELVIEU
TRINITY BAY CONSERVATION DISTRICT
CLAY COUNTY
CLAY COUNTY
CITY OF BELLEVUE
CITY OF BYERS
BYERS ISD
CLAY CAD
CITY OF HENRIETTA
HENRIETTA ISD
MIDWAY ISD
CITY OF PETROLIA
PETROLIA ISD
DALLAS COUNTY
DALLAS COUNTY
CITY OF DALLAS
DALLAS ISD
DALLAS COUNTY HOSPITAL DISTRICT
DALLAS COUNTY JUNIOR COLLEGE DISTRICT
DALLAS COUNTY SCHOOL EQUALIZATION
DALLAS DOWNTOWN STANDARD PID
DALLAS DOWNTOWN PREMIUM PID
DALLAS UPTOWN STANDARD PID
DALLAS UPTOWN PREMIUM PID
DEEP ELLUM STANDARD PID
PRESTONWOOD STANDARD PID
PRESTONWOOD PREMIUM PID
VICKERY MEADOW STANDARD PID
VICKERY MEADOW PREMIUM PID
CITY OF BALCH SPRINGS
1/20/2004
2
CITY OF CARROLLTON
CITY OF COCKRELL HILL
COPPELL ISD
CITY OF DESOTO
CITY OF DUNCANVILLE
DUNCANVILLE ISD
CITY OF GRAND PRAIRIE
FAIRWAY BEND PID
FORUM ESTATES PID
WESTCHESTER PID
GRAND PRAIRIE ISD
CITY OF HUTCHINS
LANCASTER ISD
CITY OF RICHARDSON
CITY OF ROWLETT
CITY OF SEAGOVILLE
CITY OF SUNNYVALE
SUNNYVALE ISD
CITY OF WILMER
DELTA COUNTY
DELTA CAD
CITY OF COOPER
COOPER ISD
FANNINDEL ISD
DENTON COUNTY
DENTON COUNTY LID #01
ELLIS COUNTY
ELLIS COUNTY
FORT BEND COUNTY
FORT BEND COUNTY
FORT BEND WATER CONTROL & IMPROVEMENT DISTRICT
FORT BEND COUNTY ESD #01
FORT BEND COUNTY MUD #26
FORT BEND COUNTY WCID #02
CITY OF KENDLETON
KENDLETON ISD
NEEDVILLE ISD
1/20/2004
3
HARRIS COUNTY
HARRIS COUNTY
CITY OF HOUSTON
HARRIS COUNTY MUD #43, #46
HARRIS COUNTY RFPDS #6, 8, 10, 12, 13, 16, 20, 21, 29, 46, 47, 48
HARRIS COUNTY CIDS #1, 3, 21
HARRIS COUNTY ESDS #2, 3, 5, 7, 9, 28
HARRIS COUNTY FBC ESD #100
HARRIS COUNTY FLOOD CONTROL
HARRIS COUNTY HOSPITAL DISTRICT
HARRIS COUNTY PORT OF HOUSTON AUTHORITY
GREATER EAST END MANAGEMENT DIVISION
HARRIS COUNTY DEPARTMENT OF EDUCATION
HOUSTON COMMUNITY COLLEGE
HOUSTON ISD
CYPRESS-FAIRBANKS ISD
DEER PARK ISD
CITY OF NASSAU BAY
NORTH FOREST ISD
CITY OF SOUTH HOUSTON
CITY OF WEBSTER
HIDALGO COUNTY
HIDALGO COUNTY
DONNA ISD
EDCOUCH-ELSA ISD
EDINBURG CISD
PHARR-SAN JUAN-ALAMO ISD
VALLEY VIEW CISD
HOOD COUNTY
HOOD COUNTY
HOOD CAD
CITY OF GRANBURY
GRANBURY ISD
CITY OF LIPAN
LIPAN ISD
CITY OF TOLAR
TOLAR ISD
HUNT COUNTY
HUNT COUNTY
HUNT COUNTY MEMORIAL HOSPITAL DISTRICT
CITY OF CADDO MILLS
CADDO MILLS ISD
CITY OF CELESTE
1/20/2004
4
CITY OF COMMERCE
CUMBY ISD
CITY OF GREENVILLE
CITY OF HAWK COVE
LONE OAK ISD
CITY OF QUINLAN
WOLFE CITY ISD
KAUFMAN COUNTY
KAUFMAN COUNTY
CITY OF CRANDALL
CRANDALL ISD
CITY OF FORNEY
FORNEY ISD
KAUFMAN FIRE DISTRICT NO. 1
KAUFMAN FIRE DISTRICT NO. 3
KAUFMAN FIRE DISTRICT NO. 6
KAUFMAN ISD
CITY OF KEMP
CITY OF MABANK
MABANK ISD
TOWN OF OAK RIDGE
TERRELL ISD
TRINITY VALLEY COMMUNITY COLLEGE
LIBERTY COUNTY
CLEVELAND ISD
MONTGOMERY COUNTY
MONTGOMERY COUNTY
MONTGOMERY COUNTY CO DD #06
MONTGOMERY COUNTY ESD #01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 14
MONTGOMERY COUNTY FARM ROAD
MONTGOMERY COUNTY FD #12, 14
MONTGOMERY COUNTY HD
MONTGOMERY COUNTY MUD #08, 09
MONTGOMERY COUNTY PREC #01
MONTGOMERY COUNTY SPEC SCH
MONTGOMERY CO UD #03, 04
CITY OF CONROE
CONROE ISD
CITY OF CHATEAU WOODS
CHATEAU WOODS MUD
NEW CANEY MUD
NORTH HARRIS-MONTGOMERY COMMUNITY COLLEGE DISTRICT
OAK RIDGE MUD
OAK RIDGE NORTH
1/20/2004
5
PATTON VILLAGE
PORTER MUD
CITY OF SHENANDOAH
SOUTH MONTGOMERY CO RD DIST #01
SOUTHERN MONTGOMERY CO MUD
WOODBRANCH VILLAGE
NAVARRO COUNTY
NAVARRO COUNTY
CITY OF CORSICANA
CORSICANA ISD
CITY OF KERENS
CITY OF GOODLOW
CITY OF RICHLAND
NAVARRO COLLEGE
NUECES COUNTY
NUECES COUNTY
NUECES COUNTY FARM TO MARKET
NUECES COUNTY HOSPITAL DISTRICT
PORT OF CORPUS CHRISTI
CITY OF AGUA DULCE
AGUA DULCE ISD
CITY OF BISHOP
BISHOP ISD
CITY OF CORPUS CHRISTI
CORPUS CHRISTI ISD
CITY OF DRISCOLL
DRISCOLL ISD
CITY OF PORT ARANSAS
PORT ARANSAS ISD
CITY OF ROBSTOWN
ROBSTOWN ISD
BANQUETE ISD
CALALLEN ISD
CORPUS CHRISTIE JUNIOR COLLEGE DISTRICT
FLOUR BLUFF ISD
LONDON ISD
TULOSO MIDWAY ISD
WEST OSO ISD
NUECES COUNTY FIRE DISTRICT #3
NUECES COUNTY FIRE DISTRICT #4
NUECES COUNTY FIRE DISTRICT #5
SOUTH TEXAS WATER AUTHORITY (PORTION IN NUECES COUNTY)
NUECES COUNTY DRAINAGE DISTRICT #2
NUECES COUNTY DRAINAGE DISTRICT #3
NUECES COUNTY WATER CONTROL & IMPROVEMENT DISTRICT #4
1/20/2004
6
NUECES COUNTY WATER DISTRICT #5
NUECES COUNTY EMERGENCY SERVICE DISTRICT #1
NUECES COUNTY EMERGENCY SERVICE DISTRICT #4
PARKER COUNTY
PARKER COUNTY
PARKER CAD
CITY OF ALEDO
ALEDO ISD
BROCK ISD
GARNER ISD
MILLSAP ISD
PARKER CED
PARKER CO HD
PARKER CO LATERAL RD
PARKER CO STATE TAX
PEASTER ISD
POOLVILLE ISD
CITY OF SPRINGTOWN
SPRINGTOWN FIRE DISTRICT #01
SPRINGTOWN ISD
CITY OF WEATHERFORD
WEATHERFORD ISD
WEATHERFORD JUNIOR COLLEGE DISTRICT
CITY OF WILLOWPARK
ROCKWALL CAD
ROCKWALL CAD
CITY OF FATE
CITY OF HEATH
ROCKWALL CED
CITY OF ROCKWALL
ROCKWALL ISD
CITY OF ROYCE CITY
ROYCE CITY ISD
RUSK COUNTY
CITY OF NEW LONDON
OVERTON ISD
CITY OF HENDERSON
TARRANT COUNTY
HURST-EULESS-BEDFORD ISD
1/20/2004
7
TOM GREEN COUNTY
TOM GREEN COUNTY
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1
RESOLUTION NO.___________
A RESOLUTION AUTHORIZING THE CITY OF COPPELL,
THROUGH ITS CITY COUNCIL, TO AMEND THE EXISTING SERVICES
CONTRACT WITH LINEBARGER GOGGAN BLAIR & SAMPSON, LLP IN
ASSOCIATION WITH NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P
WHEREAS, the City of Coppell contracts with Linebarger Goggan Blair & Sampson, LLP
(formerly known as Linebarger Heard Goggan Blair Graham Peña & Sampson, LLP) in association
with Nichols, Jackson, Dillard, Hager & Smith, L.L.P. to enforce the collection of all delinquent
taxes, penalty and interest owing to the City of Coppell, by virtue of a written contract dated May
19, 2001 (“the Contract”); and
WHEREAS, the Texas Property Tax Code Sections 33.07 and 33.08 were amended by the Seventy
Seventh Legislature by Act of May 17, 2001; and
WHEREAS, under said Sections 33.07 and 33.08, the governing body of the City of Coppell is
empowered to authorize the addition of a collection penalty in an amount that does not exceed the
amount of the compensation specified in the contract with the private law firm; and
WHEREAS, the City of Coppell desires to amend the existing contract with Linebarger Goggan
Blair & Sampson, LLP as per the attached Amendment No. 1 to the Contract; and,
WHEREAS, said ad valorem taxes for the year 2003 and taxes for all future years that become
delinquent on or after February 1 but not later than May 1, that remain delinquent on July 1 of the
year in which they become delinquent, incur an additional penalty in the amount of twenty percent
(20%) of taxes, penalty and interest due, pursuant to Texas Property Tax Code Section 6.30 and
33.07, as amended has been approved by ordinance number 2003-1048 by the City Council on
September 9, 2003; and,
WHEREAS, said ad valorem taxes for the year 2003 and taxes for all future years that remain
delinquent on or after June 1 under Texas Property Tax Code Sections 26.07(f), 26.15(e), 31.03,
31.031, 31.032 or 31.04 incur an additional penalty in the amount of twenty percent (20%) of taxes,
penalty and interest due, pursuant to Texas Property Tax Code Section 6.30 and Section 33.08, as
amended in accordance with state law.
NOW, THEREFORE, BE IT RESOLVED by the City of Coppell, that the attached Amendment
No. 1 to Contract between City of Coppell and the law firm of Linebarger Goggan Blair & Sampson,
LLP in association with Nichols, Jackson, Dillard, Hager & Smith, L.L.P. is hereby PASSED and
APPROVED on this day, and said firm shall collect in accordance with state law the penalties and
interest approved and authorized under the ordinances approved by the City of Coppell.
2
This resolution shall take effect immediately from and after its passage in accordance with the
provisions of the law.
PASSED AND APPROVED this ____ day of _______________, 2004.
THE CITY OF COPPELL, TEXAS
By: ___________________________
Douglas N. Stover, Mayor
Attest:
______________________________
Libby Ball, City Secretary
Approved as to Form:
______________________________
Robert Hager, City Attorney
STATE OF TEXAS )
)
COUNTY OF DALLAS )
AMENDMENT NO. 1
TO THE CONTRACT BETWEEN
CITY OF COPPELL AND
LINEBARGER GOGGAN BLAIR & SAMPSON, LLP
IN ASSOCIATION WITH
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
WHEREAS, on June 27, 2001, the City of Coppell (hereinafter “CITY”) approved a
Contract (“the Contract” between the CITY and the law firm of LINEBARGER GOGGAN
BLAIR & SAMPSON, LLP , Attorneys at Law (formerly known as Linebarger Heard Goggan
Blair Graham Peña & Sampson, LLP) in association with NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, L.L.P. (hereinafter “FIRM”); and
WHEREAS, the Texas State Legislature has found and declared, by its enactment of TEX.
TAX CODE § 6.30(c), that a twenty (20%) commission on the taxes, penalty and interest collected
is a reasonable fee for delinquent tax collection services of a private attorney; and
WHEREAS, TEX. TAX CODE §§ 33.07 and 33.08 were amended by the Seventy Seventh
Legislature, by Act of May 17, 2001, to provide that certain taxes, in order to defray the costs of
collection, may incur an additional penalty equal to the compensation specified in the contract with
private counsel; and
WHEREAS, the source of the funds for private counsel’s compensation is the additional
penalty paid by the delinquent taxpayer, rather than the public treasury; and
WHEREAS, the CITY from time to time has the need to employ additional land-based and
miscellaneous receivable account collection services and by this amendment to the Contract
authorizes the FIRM to perform certain additional collection services on a selected basis;
NOW THEREFORE, for and in consideration of the recitals shown above, of the FIRM’S
increased costs of doing business, and of enhanced services by the FIRM that will result from the
devotion of additional technological and human resources toward collection of delinquent taxes, the
Contract, by execution of this Amendment No. 1, is amended hereby as set forth below.
I.
PURPOSE
1.1 The purpose of this Amendment is:
a. to set the compensation of the FIRM for delinquent property tax
collections, and
b. to authorize the FIRM to collect certain land-based receivables and other
miscellaneous receivables, including but not limited to mowing liens, demolition
liens, paving assessments, health liens, hotel/motel occupancy taxes, delinquent
wastewater and sanitation bills, and other utility billings, and
c. to set the compensation of the FIRM for collection of land based and
miscellaneous receivables.
II.
THE AMENDMENTS
2.1 The following italicized language is hereby added between the first and second
sentences under Section I of the contract:
CITY further agrees to employ and does hereby employ FIRM on a mutually agreed upon basis, to
enforce by suit or otherwise the collection of select land- based receivables and other miscellaneous
delinquent receivable accounts that occur independently of property tax delinquencies.
Employment of FIRM in connection with the land-based and other receivables is on a selective basis
and based upon criteria jointly approved by CITY and FIRM. Costs associated with litigation and
post-judgment collection of the receivables, including court costs, abstracts of judgment, filing fees
for releases of judgment, and publication costs for citations shall be paid by CITY. On behalf of
CITY, FIRM will seek recovery of costs associated with such litigation and post judgment collection
activities. Pending property tax suits may be amended to include select land-based receivable
accounts identified by the CITY as becoming delinquent before such suits are reduced to
judgment.
2.2 The following italicized language is hereby added to Section III of the Contract,
immediately following the last sentence of same:
CITY further agrees to furnish FIRM with delinquent statements for land-based and other
miscellaneous receivable accounts and will furnish forms for said statements on request. CITY will
make available to FIRM information CITY has with regard to the name, identity, and location of the
debtors and the legal description of the property. In the event additional research is needed to
locate the necessary parties and to obtain the necessary property description and title information,
such research will be the responsibility of the FIRM. Provided however, that in cases that do not
have tax delinquencies, CITY shall be responsible for the costs associated in locating the necessary
parties and obtaining the necessary property description and title information. CITY further agrees
to provide FIRM land-based and miscellaneous receivable accounts which have been perfected in
accordance with state law and local ordinance, if any.
2.3 The following italicized language is hereby substituted for Section VI of the
Contract:
CITY agrees to pay to FIRM as compensation for services required herein the following
amounts:
(a) fifteen (15%) of the amount collected of all 2002 and prior year delinquent taxes,
penalty and interest that are subject to the terms of this contract, actually
collected and paid to the collector of taxes during the term of this contract, as
and when collected; and
(b) twenty percent (20%) of the amount collected of all 2003 and subsequent year
delinquent taxes, penalty and interest that are subject to the terms of this
contract, actually collected and paid to the collector of taxes during the term of
this contract, as and when collected.
The CITY may at its sole discretion turn over to the FIRM selected accounts for collection
prior to July 1. The CITY agrees to pay the FIRM as compensation for collection activities on these
accounts, including tax seizures pursuant to which the compensation is a cost of seizure, an amount
equal to twenty percent (20%) of the taxes, penalty and interest actually collected.
In bankruptcy proceedings, eminent domain proceedings or other federal receivership, the
FIRM will be entitled to a fee of twenty percent (20%) of all amounts actually collected and paid
to the CITY for the tax year 2003 and subsequent years. The CITY agrees to pay to FIRM as
compensation hereunder fifteen percent (15%) of the amount of all delinquent taxes, penalty and
interest for the tax years 2002 and prior.
CITY agrees to pay to FIRM as compensation for land-based and miscellaneous receivable
account collection services required hereunder twenty percent (20%) of all amounts (representing
the principal owed, plus interest thereon) collected from debtors or recovered through foreclosure
of liens on debtor’s property under this section.
All compensation above provided for shall become the property of the FIRM at the time
payment of taxes, penalty and interest or other receivable is made to the collector. The CITY shall
pay over to FIRM said funds monthly by check.
IV.
EFFECT OF THE AMENDMENT
By execution of this Amendment No. 1, the Contract is amended. No other sections,
provisions, clauses or conditions of the Contract are waived or changed hereby, and they shall all
remain in full force and effect throughout the term of the Contract and any duly authorized
extensions.
IN WITNESS WHEREOF, by their signatures below, the duly authorized representatives
of the City of Coppell and of Linebarger Goggan Blair & Sampson, LLP in association with Nichols,
Jackson, Dillard, Hager & Smith, L.L.P. do hereby agree and append and incorporate this
Amendment No. 1 to the Contract dated June, 27, 2001.
WITNESS the signatures of all parties hereto in triplicate originals, this the _____ day of
______________, AD 2004, DALLAS COUNTY, TEXAS.
By: _____________________________________________
PARTNER: Linebarger Goggan Blair & Sampson, LLP
By: _____________________________________________
PARTNER: Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
CITY OF COPPELL, TEXAS
By:_____________________________________________
CITY MANAGER, Jim Witt
ATTEST:
__________________________________
CITY SECRETARY, Libby Ball
DEPT: Finance
DATE: January 27, 2004
ITEM #: 8
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of the Comprehensive Annual Financial Report for the fiscal year ended September 30, 2003.
GOAL(S):
EXECUTIVE SUMMARY: The audit firm of KPMG will present the results of the financial audit.
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: $CAFR-1AR
DEPT: Parks and Recreation
DATE: January 27, 2004
ITEM #: 9
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of an Ordinance to amend Article 3-5 of Chapter 3 of the Code of Ordinances by amending
code section 3-5-2; Adding thereto a new section 3-5-13 “Yard Trimmings Recycling” providing regulations
concerning an additional recycling service; and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
At their regularly scheduled meeting of August 21, 2003, the Keep Coppell Beautiful Committee approved making
a recommendation to the City Council about a program for Residential Yard Trimmings Recycling. The Keep
Coppell Beautiful Committee has had this waste minimization goal as a priority both in 2002-03 and 2003-04.
On September 23, 2004, Keep Coppell Beautiful Committee member, Lisa Cunov, presented the idea of
Residential Yard Trimmings Recycling to City Council. The ordinance under consideration requests Council
action based on that presentation.
Approval of this ordinance will establish a recycling program for residential households to recycle yard trimmings.
Waste Management will provide the service to haul grass, leaves, and tree/brush trimmings from curbside to a
compost facility for an additional monthly fee to each resident. A portion of the resulting compost will then be
returned to the city to be used on city landscapes or other projects as determined.
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: ^YT Recycling- 1Agenda Req.
PARKS AND RECREATION DEPARTMENT
CITY COUNCIL AGENDA ITEM
Date: January 27, 2004
To: Mayor and City Council
From: Brad Reid, Director
RE: Consider approval of an Ordinance to amend Article 3-5 of Chapter 3 of the
Code of Ordinances by amending code section 3-5-2; Adding thereto a new section 3-5-
13 “Yard Trimmings Recycling” providing regulations concerning an additional
recycling service; and authorizing the Mayor to sign.
Background:
The Keep Coppell Beautiful Committee made a presentation to City Council on
Recycling Yard Trimmings on September 23, 2004. Based on that presentation, staff has
prepared an ordinance that would encompass a program to provide service to the
residents of Coppell to recycle yard trimmings. This ordinance is an amendment to the
Solid Waste Ordinance adding a new section: 3-5-13 “Yard Trimmings Recycling” to
provide regulations for this additional service.
Keep Coppell Beautiful made the recommendation based on a high priority goal for year
02-03 and 03-04. It was a waste minimization goal that is also supported locally by the
Master Composters of Coppell, regionally by the North Central Texas Council of
Governments Solid Waste Management Plan Strategic Objectives, and in the state by the
Texas Commission on Environmental Quality Clean Texas Partner Goal.
According to the EPA, yard trimmings make up an estimated 12% of the waste stream.
That includes a high volume of tree/brush trimmings, leaves and grass clippings from
February through December. Waste Management, the city authorized solid waste
contractor, reports that 16,700 Tons of Coppell Residential Waste was taken to the DFW
Landfill in Lewisville in 2003. Potentially, that is almost 2,000 Tons or 4 million pounds
of yard trimmings that can be diverted from the landfill by recycling it at a private
compost facility.
Currently, 47% of the residents participate in the curbside recycling of paper, aluminum,
plastics, and glass. This accounts for 11% of the waste stream being recycled. Adding in
the yard trimmings can potentially bring the rate of materials recycled in Coppell up to
23%. With additional marketing of the new program, a new awareness of the existing
curbside program may boost our participation rate even higher.
Waste diversion, or recycling extends the life of the landfill by reducing the volume
stream. But more importantly, recycling organic materials uses yard trimmings as a
resource to produce a valuable product, compost. The Residential Yard Trimmings
Recycling Service will be provided by Waste Management. Residents will continue to
prepare tree/brush trimmings in the same bundles as the waste pick-up. Grass clippings
and leaves will be picked up for recycling if they are placed in a kraft yard bag or loose
in a trashcan with a lid. Plastic bags contaminate the recycling of yard trimmings and
will not be accepted in the program. All grass and leaves in plastic bags will be treated
as solid waste. Therefore, promotion of the program will emphasize the change to use
kraft yard bags. Yard trimmings will be picked up at the end of the resident’s drive once
a week on either Wednesdays or Saturdays. Waste Management will haul the yard
trimmings to Living Earth Technologies where they have a contract for disposal.
Finished compost (15 c yds.) will be delivered back to the city for use in the city
landscapes and on special projects. Waste Management will also provide a roll off for
the Parks and Recreation Department to recycle yard trimmings. The additional cost for
this service will be $1.60 a month per residential household. The cost will be combined
with the current refuse line item, which will increase on April 1, by an estimated 2%.
An estimated cost for all refuse services will be $13.29 per month per residential
household, which includes the 15% franchise fee.
An aggressive promotional campaign has been outlined by the Community Programs
Coordinator and Community Information Officer. The city of Coppell has applied for a
solid waste grant ($8,705) for the initial campaign, which includes a give-away kraft yard
bag to every resident with attached flyer with instructions. Additional bags will also be
given away at events as incentives throughout the first year.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING ARTICLE 3-5 OF CHAPTER 3 OF THE CODE OF
ORDINANCES BY AMENDING CODE SECTION 3-5-2; ADDING
THERETO A NEW SECTION 3-5-13 “YARD TRIMMINGS RECYCLING”
PROVIDING REGULATIONS CONCERNING THE ADDITIONAL
RECYCLING SERVICE; PROVIDING A REPLEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
Section 1: AMENDING CODE SECTION 3-5-2
The City of Coppell Code of Ordinances is hereby amended by amending code
Section 3-5-2 to read as follows:
“Section 3-5-2
That the term of the Agreement as modified shall be modified to take effect and
continue in full force for a period of six (6) years, commencing, April 1, 2004
(the prior Agreement terms to remain in effect prior to such date) with the
Agreement termination date being April 1, 2010.”
Section 2: That the Code of Ordinance of the City of Coppell, Texas be, and the same
is hereby amended by amending Chapter 3, by adding Section 3-5-13 to provide for
additional recycling service to include Yard Trimmings,, which shall read as follows:
“Section 3-5-13. Yard Trimmings Recycling
A. The City, or its authorized contractor shall provide service to residential
households to collect, haul and delivery to a compost facility the
properly prepared yard trimmings that have been generated at that
residential premise.
B. Yard Trimmings collected for recycling shall include grass trimmings,
leaves, brush trimmings, tree trimmings, and bedding/ vegetable plants,
and shall not include soil and common poisonous plants.
C. Yard Trimmings shall be prepared properly for recycling collection by
placing in brown yard bags, designed to store yard trimmings with
sufficient wall strength to maintain physical integrity when lifted, or
loose in a container with a lid. All brush and tree trimmings with a
diameter less than six (6) inches, shall be cut into five (5) foot lengths
2
and tied with cotton/jute string. All containers and bundles shall weigh
less than fifty (50) pounds.
D. Yard Trimmings Recycling collection shall occur once a week, with
collections on Wednesdays and Saturdays in the city. All other
collection conditions apply as in previous ordinance.
E. The authorized contractor shall collect, haul and deliver to a compost
facility that is registered with the Texas Commission on Environmental
Quality and is actively recycling yard trimmings into a compost/mulch
product. The Contractor shall be responsible for fees associated with
delivery and provide the City with monthly reports of cubic yards
delivered.
F. The authorized contractor shall return, at no charge, 15 c. yards of
finished compost each month to a location designated by the city of
Coppell Parks and Recreation Department to be used at the City’s
discretion
G. The authorized contractor shall provide, at no charge, a roll-off
container for city yard trimmings with a monthly haul to the compost
facility. The City shall provide training to city staff to insure clean
loads. In the event that repeated hauls are contaminated with non-yard
trimming materials, the City and the authorized contractor shall agree
to terminate this roll-off service.
H. The authorized contractor and the City shall work cooperatively on the
education and promotion of the Residential Yard Trimmings Recycling
program.
I. For one family residential service (once a week yard trimmings
recycling) the fee shall be $1.60 per month. This amount shall be added
to the existing residential rate, and shall be subject to the franchise fee
and rate adjustments.”
Section 3: That all provisions of the Code of Ordinances of the City of Coppell,
Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed,
and all other provisions not in conflict with the provisions of this ordinance shall remain in
full force and effect.
Section 4: That should any word, sentence, paragraph, subdivision, clause, phrase
or section of this ordinance, or of the Code of Ordinances, as amended hereby, be held to be
unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a
whole, or any part or provision thereof other than the part so decided to be unconstitutional,
illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole.
Section 5: The effective date for the Yard Trimmings Recycling service as
described in this ordinance and fee shall become effective between April 1, 2004 and June 1,
2004.
3
DULY PASSED by the City Council of the City of Coppell, Texas, this the ____day
of ______, 2004.
APPROVED:
_____________________________________________________
DOUGLAS N. STOVER
APPROVED AS TO FORM:
__________________________________
DEPT: Engineering
DATE: Janury 27, 2004
ITEM #: 10
AGENDA REQUEST FORM
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of an Ordinance to amend Chapter 9 of the City of Coppell Code of Ordinances by adding
Article 9-22, Sections 9-22-1 through 9-22-5 to establish a Municipal Drainage Utility System; and authorizing the
Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
The approval of this ordinance will establish the Municipal Drainage Utility System.
Staff will be available to answer any questions at the Council meeting.
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: #DUDOrdinance-1AG
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To: Mayor and City Council
From: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
Date: January 27, 2004
RE: PUBLIC HEARING
Consider approval of an Ordinance to amend Chapter 9 of the City of Coppell
Code of Ordinances by adding Article 9-22, Sections 9-22-1 through 9-22-5 to
establish a Municipal Drainage Utility System; and authorizing the Mayor to sign.
At the December 9th, 2003 City Council work session, the concept of the creation of a Municipal
Drainage Utility System was presented. A draft ordinance was provided to the City Council at
that time. The ordinance before you this evening has only minor changes from the draft
ordinance.
Those changes include:
1. Section 9-22-5.(1) a. - the word “single family” has been inserted in the planned
development residential classification;
2. Section 9.22.5.(1) b. - a new classification called “planned development multi-family” has
been added;
3. Section 9.22.5.(1) b. - the words “with a minimum and maximum charge” have been
included for the flat rate charge.
4. Section 9.22.5.(2) - the letters “PD” have been removed from the planned development non-
residential classification; and
5. Section 9.22.5.(3) c. - the words “minimum and maximum” have been included for the flat
rate charge.
No other changes were made to the ordinance. The ordinance has been published three times in
the local paper, as required by law. The ordinance was published in the Citizens Advocate on
December 19th and 26th, 2003 and January 2nd, 2004.
To date, the presentation of the concept of the Municipal Utility Drainage System at the City
Council meeting and the publication of the ordinance in the Citizens Advocate three separate
times has not generated any inquiries from the public.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
At the January 13th , 2004 City Council meeting work session, the Municipal Drainage Utility
System was discussed further in relationship to the charging of fees. The public notice for the
fees will be published in the Citizens Advocate on January 23rd and 30th, 2004 and February 13th,
2004 for a purposed Public Hearing on February 24, 2004 for the adoption of fees associated
with the Municipal Drainage Utility System.
In my January 13, 2004 memo, I noted that the City of Dallas, Denton County Levee District and
Dallas Area Rapid Transit would be exempt from the payment of fees. The proposed ordinance,
under Section 9-22-6. Exemptions from Charges, does not list those three entities. That is
because those entities do not have water service from the City of Coppell. If any of those entities
develop property within the City of Coppell which requires water service in the future, then at
that time a decision can be made whether or not to assess them a drainage utility fee. Not
including them in the ordinance provides some flexibility for future decisions. The creation of
the Municipal Drainage Utility System and the ultimate funding of the system through a user fee
will enable the City to comply with the unfunded federal mandates under Phase II Stormwater
Management.
Attached to this agenda item is a table that shows the staff recommended fee amount associated
with the various zoning classifications. This table is not included as part of the ordinance and, as
previously stated, the fees will be brought before City Council for consideration of adoption
under separate ordinance at the February 24, 2004 City Council meeting.
Staff recommends approval of the ordinance creating the Municipal Drainage Utility System and
will be available to answer any questions at the Council meeting.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
Section 9-22-5. Drainage charges
Recommended Fee
(Rounded to the nearest $5 increment)
(1) Residential Property
a. Single-family $1/per unit
b. Multi-family $7/per acre
w/ minimum fee of $5 and maximum fee of $75
(2) Commercial/Industrial
a. $8/per acre
b. $9/per impervious acre
c. w/ minimum fee of $5 and maximum fee of $75
(3) Day Care Centers /
Churches
a. $7/per acre
b. $9/per impervious acre
c. w/ minimum fee of $5 and maximum fee of $75
DUD Ordinance and Fee Schedule
according to Local Government code Section 402.045 (c) and (d).
CC DATE Action
¾ 12/9/03 CC / Work Session - discuss ordinance/some fees
¾ 1/13/04 CC/ Work Session – discuss fees & fee assessment
Ordinance / Publish Notice (30 days prior to 1/27/04)
• 12/19/03 (to paper 12/15/03)
• 12/26/03 (to paper 12/15/03)
• 1/2/04 (to paper 12/15/03)
¾ 1/27/04 CC/ Adoption of Ordinance
Fee / Publish Notice (30 days prior 3/9/04)
• 2/6/04 (to paper 2/2/04)
• 2/13/04 (to paper 2/9/04)
• 2/20/04 (to paper 2/16/04)
2/10/04 CC
2/24/04 CC
¾ 3/9/04 CC/ Adoption of Fees
ORDINANCE _______________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE CITY OF COPPELL CODE OF ORDINANCES, CHAPTER 9, BY
ADDING SECTIONS 9-22-1 THROUGH 9-22-9, PROVIDING FOR THE
MUNICIPAL DRAINAGE UTILITY SYSTEMS; PROVIDING FOR THE
ESTABLISHMENT; PROVIDING FOR A SCHEDULE FOR
ESTABLISHMENT OF CHARGES AND EXEMPTIONS; PROVIDING
FOR BILLING AND COLLECTIONS; PROVIDING AND
ESTABLISHING PROCEDURES; PROVIDING A PENALTY CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER
CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATION OF THIS
ORDINANCE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, in order to ensure adequate management of the drainage of the City of
Coppell, the City staff has determined a need to provide for the establishment of a municipal
drainage utility system; and,
WHEREAS, the City Council of the City of Coppell is of the opinion and finds that
adopting the Municipal Drainage Utility System will contribute to the overall objective of
promoting the public health, safety and general welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1.That Chapter 9 of the Coppell Code of Ordinances be amended by adding
Article 9-22, Sections 9-22-1 through 9-22-5, which shall read as follows:
“ARTICLE 9-22. MUNICIPAL DRAINAGE UTILITY SYSTEMS
SECTION 9-22-1. Established.
A. A municipal drainage utility system is hereby established and declared to be a public
utility. The city shall have full authority to operate said municipal drainage utility
system pursuant to authority contained in Section 402.041, et seq. of the TEXAS
LOCAL GOVERNMENT CODE, the city Charter, and its home-rule authority as
provided under Article XI, Section 5, of the TEXAS CONSTITUTION.
B. The Coppell City Council will, by ordinance, adopt rules for the operation and
conduct of the Coppell municipal drainage utility system, consistent with its
authority and state law.
C. Prior to the levy of any drainage charges for the financing and funding of the
Coppell municipal drainage utility system, the Coppell City Council shall hold a
public hearing on such charges pursuant to state law.
SECTION 9-22-2 Definitions
The City hereby adopts those definitions provided in Section 402.044, TEXAS LOCAL
GOVERNMENT CODE, as amended.
SECTION 9-22-3 Charges and exemptions authorized.
A. The City will establish a schedule of drainage charges against all real property in the
city subject to charges under Sections 402.041, et seq. of Subchapter C of Chapter
402 of the TEXAS LOCAL GOVERNMENT CODE.
1. The city will provide drainage for all real property within the city on payment of
drainage charges, except such real property which may be exempted therefrom
as authorized by law; and
2. The city will offer such drainage service on nondiscriminatory, reasonable and
equitable terms.
SECTION 9-22-4 Service Area
As a result of the topography, hydraulics, watershed and drainage of the land of
the entire boundaries of the City, the entire boundaries shall hereby constitute a single
service area for the purpose of this ordinance.
SECTION 9-22-5. Drainage charges.
The City Council shall, by resolution, establish a drainage charge based on the
following schedule of use as provided. The following schedule of drainage charges is
hereby levied against all real property lying with the City of Coppell, Texas, subject
to drainage charges herein:
(1) Residential property.
a. Single-family zoned property.
The charge for property zoned and developed for residential use in the following
zoning districts shall be a flat rate charge per unit per month as established by
resolution of the City Council.
• Single Family Estates (SF-ED)
• Single Family 18 (SF-18)
• Single Family 12 (SF 12)
• Single Family 9 (SF 9)
• Single Family 7 (SF 7)
• Planned Development Single Family Residential
• Two Family (2F-9)
• Townhouse (TH-1 & TH-2)
• Manufactured Home Park (MH)
b. Multi-family zoned property.
The charge for property zoned and developed for multi-family use in the following
residential zoning districts shall be a flat rate charge per acre per month, with a
minimum and maximum charge, as established by resolution of the City Council.
• Multi-family (MF-1 & MF-2)
• Planned Development Multi-family
(2) Commercial/Industrial property.
The charge for property zoned and developed for commercial or industrial uses in
the following non-residential districts shall be as stated in a, b & c:
• Office (O)• Light Industrial (LI)• Commercial (C)
• Retail (R)• Heavy Industrial (HI)• Highway Commercial (HC)
• Special Use Permit
Non-Residential (SUP)
• Planned Development
Non-Residential
• Town Center (TC)
a. Flat rate charge per acre per month as established by resolution of the
City Council.
b. Flat rate alternate charge per impervious acre per month as established
by resolution of the City Council. Acreage shall be submitted on a site
plan showing the impervious area to the city engineer, and said plan
shall be sealed by a registered professional engineer or registered
professional land surveyor. The base charge is in effect until the city
engineer has accepted the said site plan.
c. A flat rate minimum and maximum charge per property per month
shall be established by resolution of the City Council.
(3) Day Care Centers/Churches.
The charge for day care centers/churches, regardless of zoning, shall be charged
as follows:
a. Flat rate charge per acre per month as established by resolution of the
City Council.
b. Flat rate alternate charge per impervious acre per month as established
by resolution of the City Council. Acreage shall be submitted on a site
plan showing the impervious area to the city engineer, and said plat to
be sealed by a registered professional engineer or registered
professional land surveyor. The base charge is in effect until the city
engineer has accepted the said site plan.
c. A flat rate minimum and maximum charge per property per month
shall be established by resolution of the City Council.
SECTION 9-22-6. Exemptions from charges.
Exemptions are those permitted under State law from such provisions in this
section, as follows:
(1) Property owned by a public governmental entity, to wit:
(a) The State of Texas;
(b) The County of Dallas and Denton;
(c) The City of Coppell;
(d) The Coppell, Carrollton-Farmers Branch & Lewisville Independent
School Districts;
(2) Property with proper construction and maintenance of a wholly sufficient and
privately owned drainage system;
(3) Property held and maintained in its natural state, until such time that the
property is developed and all of the public infrastructure constructed has been
accepted by the city for maintenance;
(4) A subdivided lot until a structure has been built on the lot and a certificate of
occupancy has been issued by the city.
SECTION 9-22-7. Billing; collection of charges.
All billings, credits, rules and other procedures relating to this charge shall be
subject to the provisions of Section 402.041, et seq. of the TEXAS LOCAL
GOVERNMENT CODE, and shall specifically include the following:
(1) There shall be a charge on each monthly utility statement for the municipal
drainage utility system pursuant to this article and as authorized herein. The
city manager or his designee is authorized to collect such charges in a manner
consistent with the City Charter and state law. The drainage fee will be a
separate line item on the utility statement and shall be clearly identified as a
separate charge.
(2) Except as otherwise provided herein, billing, charges and collection
procedures shall be consistent with that of the water and sewer services.
(3) Drainage charges shall be identified separately on the utility billing.
(4) Delinquent charges shall be collected in a manner consistent with State law.
(5) The city manager or his designee(s) may, from time to time, adopt rules for
the administration of the drainage charge.”
SECTION 2.The Code of Ordinances of the City of Coppell, Texas, as amended, shall
remain in full force and effect, save and except as amended by this ordinance.
SECTION 3.If any article, paragraph, subdivision, clause or provision of this ordinance,
as hereby amended, be adjudged invalid or held unconstitutional for any reason, such judgment or
holding shall not affect the validity of this ordinance as a whole or any part or provision thereof, as
amended hereby, other than the part so declared to be invalid or unconstitutional.
SECTION 4.That all ordinances of the City of Coppell heretofore adopted which are in
conflict with the provisions of this ordinance be, and the same are hereby repealed, and all
ordinances of the City of Coppell not in conflict with the provisions hereof shall remain in full
force and effect.
SECTION 5.Any person, firm or corporation violating any of the provisions or terms of
this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the
City of Coppell, as hereby amended, and upon conviction shall be punished by a fine not to exceed
the sum of Two Thousand ($2,000.00) dollars for each offense; and each and every day such
violation shall continue shall be deemed to constitute a separate offense.
SECTION 6.This ordinance shall take effect from and after its passage and the
publication of the caption as the law in such cases provide.
DULY PASSED AND ADOPTED by the City Council of the City of Coppell, Texas, on
the ________ day of _________________________, 2004.
APPROVED:
DOUGLAS N. STOVER, MAYOR
ATTEST:
____________________ ______________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
____________________ _______________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 11/17/03) (60708)
DATE: January 27, 2004
ITEM #: 11
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork
DATE: January 27, 2004
ITEM #: 12
AGENDA REQUEST FORM
MAYOR AND COUNCIL REPORTS
A. Repor t by Councilmember Suhy regarding Coppell Youth Leadership.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
DATE: January 27, 2004
ITEM #: 13
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: January 27, 2004
ITEM #: 14
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec