CP 2004-03-23
NOTICE OF CITY COUNCIL MEETING AND AGENDA
MARCH 23, 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, March 23, 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 east 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 topics for Citizens' Summit.
B. Discussion regarding School Finance/Municipal Finance.
C. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Invocation.
5. Pledge of Allegiance.
6. Consider approval of a proclamation naming the month of April 2004 as
CANCER AWARENESS MONTH, and authorizing the Mayor to sign.
7. Consider approval of a Proclamation naming April 3, 2004 as CLEAN
COPPELL-Ear thfest 2004, and authorizing the Mayor to sign.
8. Repor t by Keep Coppell Beautiful Committee.
9. Citizen's Appearances.
CONSENT AGENDA
10. Consider approval of the following consent agenda items:
A. Consider approval of minutes: March 9, 2004.
B. Consider accepting resignation of Sharon Lander from the Keep
Coppell Beautiful Committee.
C. Consider approval of a development agreement between Ferguson
Realty Company and the City of Coppell to allow for the dedication of
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ITEM # ITEM DESCRIPTION
a drainage easement necessary for Sandy Lake Road in consideration
of a 100% credit against future impact fees on the Ferguson tract;
and authorizing the City Manager to sign.
D. Consider approval of a license agreement between the City of
Coppell and John Barry concerning encroachments into an existing
easement adjacent to Lot 4, Block C of the Pecan Ridge Estates
subdivision (339 Tanglewood); and authorizing the City Manager to
sign.
END OF CONSENT
11. Consider approval of an Ordinance of the City of Coppell, Texas, approving
an amendment to Ordinance No. 2003-1047, the budget for Fiscal Year
October 1, 2003 through September 30, 2004, and authorizing the Mayor
to sign.
12. Consider approval of a Resolution amending Resolution #010996.3, as
heretofore amended, with regard to Librar y fees, Special Event fees, and
garbage collection fees; and adding Section 9-22-5 Drainage charges, and
authorizing the Mayor to sign.
13. Consider approval of awarding Bid/Contract #Q-1203-02 to S.J. Lewis
Construction Company for the construction of Deforest Road Lift Station
Improvements Force Main Lines ‘A’ & ‘B’ in an amount of $1,177,506 as
provided for in water and sewer CIP funds; and authorizing the City
Manager to sign.
14. Consider approval of a grant to Coppell Independent School District in the
amount of $426,139.16 for nine Spanish teachers, and authorizing the City
Manager to sign.
15. Consider approval of a resolution opposing any school finance or tax
system refor ms that would negatively affect City revenues and economic
development effor ts, and authorizing the Mayor to sign.
16. Necessary action resulting from Work Session.
17. Mayor and Council Repor ts.
A. Repor t by Mayor Stover regarding Early Voting for the School Board
Election in May.
B. Repor t by Councilmember Suhy regarding the Coppell High School
Band trip to Ireland.
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ITEM # ITEM DESCRIPTION
18. 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.
19. Necessary Action Resulting from Executive Session.
Adjournment.
____________________________________
Douglas N. Stover, Mayor
CERTIFICATE
I cer tify that the above Notice of Meeting was posted on the bulletin board at the
City Hall of the City of Coppell, Texas on this _________ day of _________________,
2004, at __________________.
____________________________________
Libby Ball, City Secretar y
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DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE
ON THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC
DOCUMENTS, COUNCIL PACKETS.
PUBLIC NOTICES
STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public
programs, services and/or meetings, the City requests that individuals make requests for
these services forty-eight (48) hours ahead of the scheduled program, service and/or
meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other
designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989).
IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724
Carrying of a concealed handgun on these premises or at any official political meeting in
the City of Coppell is illegal.
Es ilegal llevar consigo un arma de fuego oculta, adentro de este edificio, o en cualquier
junta oficial de politica en la ciudad de Coppell.
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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: March 23, 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 east 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.
Agenda Request Form - Revised 02/04 Document Name: %executivesession
DATE: March 23, 2004
ITEM #: WS-3
AGENDA REQUEST FORM
WORK SESSION
A. Discussion regarding topics for Citizens' Summit.
B. Discussion regarding School Finance/Municipal Finance.
C. Discussion of Agenda Items.
Agenda Request Form - Revised 02/04 Document Name: %worksession
DEPT: City Manager
DATE: March 23, 2004
ITEM #: 6
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a proclamation naming the month of April 2004 as CANCER
AWARENESS MONTH, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 02/04 Document Name: !Cancer
PROCLAMATION
WHEREAS, Relay for Life is a celebration of life honoring patients
who have triumphed over cancer. There are millions of living witnesses that
cancer can be cured, despite the fact that this dread disease is an alarming
national killer; and
WHEREAS, Relay for Life is the major fund-raiser for the American
Cancer Society nationwide, purchasing durable medical equipment and
supplies, as well as funding research for a cure for cancer; and
WHEREAS, Thanks to the increasing knowledge in the biological and
medical sciences, we are nearing a solution to the problem of cancer, but we
must not lessen our efforts until the battle has been won completely; and
WHEREAS, The American Cancer Society has worked unceasingly to
inform and educate the public concerning this disease, and has contributed
greatly to the continuous battle against one of society’s prime destroyers.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of
Coppell, do hereby recognize the importance to this community of the work
done by the American Cancer Society Relay for Life, and proclaim the month
of April 2004 as
“CANCER AWARENESS MONTH”
in the city of Coppell. I also call upon members of the community to join
with me in extending this expression of our appreciation to the American
Cancer Society and its thousands of volunteers and staff workers for the
valuable service they perform in their continuing crusade against cancer.
IN WITNESS THEREOF, I have set my hand and caused the seal of
the city of Coppell to be affixed this _____ day of March 2004.
_______________________________
Douglas N. Stover, Mayor
ATTEST:
_________________________
Libby Ball, City Secretary
DEPT: Parks and Recreation
DATE: March 23, 2004
ITEM #: 7
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a Proclamation naming April 3, 2004 as CLEAN COPPELL-Earthfest 2004, and authorizing
the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 02/04 Document Name: ^earth-1AR
PROCLAMATION
WHEREAS, The City of Coppell is a proud member of Keep Texas Beautiful and an affiliate of
Keep America Beautiful; and
WHEREAS, Over a thousand volunteers in Coppell make a difference by picking up litter and
remembering to put trash where it belongs; and
WHEREAS, Keep Coppell Beautiful Committee assists the City of Coppell in litter prevention,
waste reduction, and beautification with volunteer supported programs like: Clean Coppell Earthfest,
Wildflower Planting, Adopt-a-Location, Master Composter Certification, Texas SmartScape, and the
Coppell Community Garden; and
WHEREAS, Keep Coppell Beautiful has expanded the 10th Annual Don't Mess with Texas Trash-
Off Day and the Great American Clean-up to kick off the Clean Coppell Earthfest; and
WHEREAS, on April 3rd the City of Coppell and Keep Coppell Beautiful will be holding a
community wide litter pickup. Individuals and groups will join with Adopt-a-Location volunteers, and the
Elementary School Litter Getters to clean the rights-of-way and public spaces of Coppell, then celebrate a
clean Coppell with an Earthfest.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do hereby proclaim
April 3, 2004 as
"CLEAN COPPELL EARTHFEST 2004"
in the City of Coppell, Texas, and encourage our citizens to join in the effort to Keep Coppell Beautiful by
putting trash where it belongs everyday.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be
affixed this _____ day of March 2004.
______________________
Douglas N. Stover, Mayor
ATTEST:
_____________________
Libby Ball, City Secretary
DEPT: City Secretary
DATE: March 23, 2002
ITEM #: 8
AGENDA REQUEST FORM
ITEM CAPTION:
Report by Keep Coppell Beautiful Committee.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: %boardreport
DATE: March 23, 2004
ITEM #: 9
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: %citapp.doc
DEPT: City Secretary
DATE: March 23, 2004
ITEM #: 10/A
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of minutes: March 9, 2004.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 02/04 Document Name: %minutes
CM030904
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MINUTES OF MARCH 9, 2004
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, March 9, 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 (late arrival)
Billy Faught, Councilmember
Thom Suhy, Councilmember
Bill York, Councilmember (late arrival)
Also present were City Manager Jim Witt, City Secretary Libby Ball and City
Attorney Robert Hager.
REGULAR SESSION (Open to the Public)
1. Call to order.
Mayor Stover called the meeting to order, determined that a quorum was
present and convened into Executive Session.
Councilmember Tunnell arrived prior to the Executive Session.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.072, Texas Government Code - Deliberation
regarding Real Property.
1. Discussion regarding the sale of city property east 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.
Mayor Stover convened into Executive Session at 5:44 p.m. as allowed
under the above-stated article. Mayor Stover adjourned the Executive
Session at 5:50 p.m. and opened the Work Session.
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Councilmember York arrived during Work Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Presentation by the Coppell Baseball Association.
B. Presentation by the Coppell Farmers' Market.
C. Discussion regarding School Finance and Cities.
D. Discussion of Agenda Items.
Councilmember Raines left the meeting at this time.
REGULAR SESSION (Open to the Public)
4. Invocation.
Pastor Rod Collver, Living Hope Church, led those present in the
Invocation.
5. Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
6. PROCLAMATIONS:
A. Consider approval of a proclamation naming the week of
March 8-12 Texas Public Schools Week, and authorizing
the Mayor to sign.
Presentation:
Mayor Stover read the Proclamation for the record and presented the
same to members of the schools present.
Action:
Mayor Pro Tem Peters moved to approve a Proclamation naming the week
of March 8-12 Texas Public Schools Week, and authorizing the Mayor to
sign. Councilmember York seconded the motion, the motion carried 6-0
CM030904
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with Mayor Pro Tem Peters and Councilmembers Brancheau, Tunnell,
Faught, Suhy and York voting in favor of the motion.
B. Consider approval of a proclamation naming March 18,
2004 Absolutely Incredible Kid Day and authorizing the
Mayor to sign.
Presentation:
Mayor Stover read the Proclamation for the record and presented the
same to Laura Seim from Camp Fire U.S.A.
Action:
Councilmember Tunnell moved to approve a Proclamation naming
March 18, 2004 Absolutely Incredible Kid Day and authorizing the Mayor
to sign. Councilmember Suhy seconded the motion, the motion carried
6-0 with Mayor Pro Tem Peters and Councilmembers Brancheau,
Tunnell, Faught, Suhy and York voting in favor of the motion.
C. Consider approval of a proclamation honoring Eagle Scout
Taylor Johnson, and authorizing the Mayor to sign.
Presentation:
Mayor Stover read the Proclamation for the record and presented the
same to Taylor Johnson.
Action:
Councilmember Faught moved to approve a Proclamation honoring Eagle
Scout Taylor Johnson, and authorizing the Mayor to sign.
Councilmember Suhy seconded the motion, the motion carried 6-0 with
Mayor Pro Tem Peters and Councilmembers Brancheau, Tunnell, Faught,
Suhy and York voting in favor of the motion.
D. Consider approval of a proclamation naming the week of
March 21-27, 2004 as Poison Prevention Week, and
authorizing the Mayor to sign.
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Presentation:
Mayor Stover read the Proclamation for the record and presented the
same to Page Griesemer.
Action:
Councilmember Brancheau moved to approve a Proclamation naming the
week of March 21-27, 2004 as Poison Prevention Week, and authorizing
the Mayor to sign. Councilmember Tunnell seconded the motion, the
motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers
Brancheau, Tunnell, Faught, Suhy and York voting in favor of the
motion.
E. Consider approval of a proclamation naming March 17,
2004 Dublin, Ireland Day in Coppell, and authorizing the
Mayor to sign.
Presentation:
Mayor Stover read the Proclamation for the record and presented the
same to Martin Hechanova and Eric Kennedy of the Coppell High School
Band.
Action:
Councilmember Suhy moved to approve a Proclamation naming
March 17, 2004 Dublin, Ireland Day in Coppell, and authorizing the
Mayor to sign. Councilmember Brancheau seconded the motion, the
motion carried 6-0 with Mayor Pro Tem Peters and Councilmembers
Brancheau, Tunnell, Faught, Suhy and York voting in favor of the
motion.
7. Presentation by representative from American Cancer Society
regarding Relay for Life in Coppell.
Presentation:
Mary Guzman made a presentation to Council regarding the Relay for
Life.
Councilmember Raines rejoined the meeting at this time.
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8. Citizen's Appearances.
There was no one signed up to speak under this item.
CONSENT AGENDA
9. Consider approval of the following consent agenda items:
A. Consider approval of minutes: February 24, 2004.
B. Consider approval of an Ordinance to amend Ordinance
No. 92-547 for the abandonment of a portion of Bethel
School Road; and authorizing the Mayor to sign.
Action:
Councilmember Brancheau moved to approve Consent Agenda Items A
and B carrying Ordinance No. 2004-1071. 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.
10. PUBLIC HEARING:
Consider approval of a Resolution to establish a schedule of
drainage charges against all real property within the City of
Coppell for the funding of the Municipal Drainage Utility
Systems Ordinance No. 2004-1070; and authorizing the Mayor
to sign.
Presentation:
Ken Griffin, Director of Engineering and Public Works, 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.
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Action:
Councilmember York moved to close the Public Hearing and approve
Resolution No. 2004-0309.1 establishing a schedule of drainage charges
against all real property within the City of Coppell for the funding of the
Municipal Drainage Utility Systems Ordinance No. 2004-1070; and
authorizing the Mayor to sign. Councilmember Raines seconded the
motion, the motion carried 7-0 with Mayor Pro Tem Peters and
Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York
voting in favor of the motion.
11. PUBLIC HEARING:
Consider approval of Case No. S-1213, Roly Poly Sandwiches,
zoning change request from C (Commercial) to C-S-1213
(Commercial-Special Use Permit-1213), to allow a 1,470 square-
foot restaurant at 120 S. Denton Tap Road, Suite 150A.
Presentation:
Gary Sieb, Director of Planning, made a Presentation to Council.
Terry Weaver, Applicant, addressed Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember Tunnell moved to close the Public Hearing and approve
Case No. S-1213, Roly Poly Sandwiches, zoning change request from C
(Commercial) to C-S-1213 (Commercial-Special Use Permit-1213), to
allow a 1,470 square-foot restaurant at 120 S. Denton Tap Road, Suite
150A subject to the following conditions:
1. The site shall be developed in accordance with the attached
site plan, floor plan and sign plan.
2. The hours of operation shall not exceed 6 a.m. to 11 p.m.
seven days a week.
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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.
Councilmember Suhy, having filed with the City Secretary a Conflict of Interest
Affidavit regarding Item 12, left Council Chambers at this point.
12. PUBLIC HEARING:
Consider approval of the Vista Ridge Addition, Lot 1A and 1B,
Block D, being a replat of Lot 1, Block D of the Vista Ridge
Addition, to allow the subdivision of this 22.59 acre tract of
property into two lots, located at the northeast corner of Denton
Tap Road and S.H. 121.
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 the
Vista Ridge Addition, Lot 1A and 1B, Block D, being a replat of Lot 1,
Block D of the Vista Ridge Addition, to allow the subdivision of the 22.59
acre tract of property into two lots, located at the northeast corner of
Denton Tap Road and S.H. 121 subject to the following conditions:
1. Before this replat can be developed, further platting will be
required to show fire lanes, R-0-W’s, etc.
2. Change note on face of plat (assuming Lot 1A will be
developed as currently approved) to state additional platting
will be required prior to development of Lot 1B, Block D.
3. Discuss and determine utility service with our Engineering
Department.
Councilmember Brancheau seconded the motion, the motion carried
6-0-1 with Mayor Pro Tem Peters and Councilmembers Brancheau,
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Raines, Tunnell, Faught, and York voting in favor of the motion and
Councilmember Suhy abstaining from the vote.
Councilmember Suhy re-entered Council Chambers and took his place at the
dais at this time.
13. Consider approval of the Champions School of Real Estate, Lot
1, Block 1, Site Plan Amendment, to allow one additional 20
square-foot sign on the west elevation of the existing 6,293
square-foot office building on 1.3 acres of property located at
the southeast corner of N. Denton Tap Road and Natches Trace
Drive.
Presentation:
Gary Sieb, Director of Planning, made a Presentation to Council.
Action:
Councilmember Tunnell moved to approve the Champions School of Real
Estate, Lot 1, Block 1, Site Plan Amendment, to allow one additional 20
square-foot sign on the west elevation of the existing 6,293 square-foot
office building on 1.3 acres of property located at the southeast corner of
N. Denton Tap Road and Natches Trace Drive. Councilmember
Brancheau seconded the motion, the motion carried 7-0 with Mayor Pro
Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught,
Suhy and York voting in favor of the motion.
Councilmember Suhy, having filed with the City Secretary a Conflict of Interest
Affidavit regarding Item 14, left Council Chambers at this point.
14. Consider approval of the Hidden Valley, Final Plat, to allow a
16-lot single-family subdivision on 7.3 acres of property zoned
PD-106-SF-9, located along the southerly extension of Hidden
Valley Road.
Presentation:
Gary Sieb, Director of Planning, made a Presentation to Council.
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Action:
Councilmember Faught moved to approve the Hidden Valley, Final Plat,
to allow a 16-lot single-family subdivision on 7.3 acres of property zoned
PD-106-SF-9, located along the southerly extension of Hidden Valley
Road subject to the following conditions:
1. Sidewalks will be required throughout this subdivision but
do not apply to Lot 1 of Block A, nor to Lots 1 and 2 of Block
B.
2. Hidden Valley Drive will be constructed to current City
standards, and a detail of the transition from the existing
Hidden Valley Drive into this subdivision is needed.
3. This property generates a $20,560 Park Development fee and
a $12,800 tree reparation fee (see 9-10-03 e-mail from John
Elias).
4. Utility easements need to be approved by utility companies.
5. Discuss and determine City utility service needs with our
Engineering Department.
6. Add 15-foot fence line note to Lot 1, Block C.
Councilmember York seconded the motion, the motion carried 6-0-1 with
Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell,
and York voting in favor of the motion and Councilmember Suhy
abstaining from the vote.
Councilmember Suhy re-entered Council Chambers and took his place at the
dais at this time.
15. Necessary action resulting from Work Session.
There was no action necessary under this item.
16. City Manager's Report.
A. Gold Medal Award from Texas Recreation Park Society.
B. Telly Awards for Women's Self-Defense PSA and National
Night Out PSA.
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A. Jim Witt, City Manager, announced that the Coppell Parks and
Recreation Department has been selected by the Texas Recreation
Park Society to receive the Gold Medal Award for communities
between 20,000 and 50,000 people and he congratulated the
Coppell Parks and Recreation Department on receiving this award.
B. Jim Witt, City Manager, announced the City of Coppell’s success in
the 25th Annual Telly Awards. This is the premier award honoring
outstanding local, regional and cable TV commercials, programs,
PSA’s in this Country with over 10,000 entries from all over the
World. The City of Coppell was awarded Telly Awards for the
Women’s Self-Defense and National Night Out PSA’s.
17. Mayor and Council Reports.
A. Report by Mayor Stover regarding school finance meeting
with Senators Harris and Shapiro.
B. Report by Mayor Stover regarding Family Fish.
C. Report by Mayor Stover regarding early voting for the
School Board election in May.
D. Report by Councilmember Tunnell regarding National
League of Cities.
A. Mayor Stover announced that he and Jim Witt, City Manager,
would be meeting with Senator Harris to discuss School Finance
Issues and Streamline Sales Tax Issues.
B. Mayor Stover asked Councilmember Suhy or Councilmember
Faught to report on Family Fish. Councilmember Suhy stated that
Family Fish was held on March 6, 2004 and was a great success.
C. Mayor Stover stated how important it is to vote and encouraged
everyone to vote during the School Board Election in May.
D. Councilmember Tunnell reported on the National League of Cities
meeting she attended. The main items of discussion were
Homeland Security, Public Safety, Transportation, Children and
Families, Housing, Internet Tax Moratorium, and blocking MTBE
Liability.
18. Necessary Action Resulting from Executive Session.
There was no action necessary on this item.
CM030904
Page 11 of 11
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 Secretary Department
DATE: March 23, 2004
ITEM #: 10/B
AGENDA REQUEST FORM
ITEM CAPTION:
Consider accepting resignation of Sharon Lander from the Keep Coppell Beautiful Committee.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 02/04 Document Name: %KCB resignation
-----Original Message-----
From: Perception Printing [mailto:perception@verizon.net]
Sent: Friday, February 20, 2004 2:10 PM
To: 'avanhoozier@ci.coppell.tx.us'
Subject: Resignation before confirmed.
Hi Amanda,
After sitting through the meeting last night, I really am disappointed I will not be able to
be part of your Keep Coppell Beautiful board. It seems as though you are definitely the
glue that holds everything together.
Due to my unexpected move from Coppell, I cannot serve as a board member on the
Keep Coppell Beautiful board.
My offer does still stand about trying to help you with the labels, yard signs, advertising
specialties, or any other type of printing you may need to order, to save you some
money you could use elsewhere.
Thank you.
Sharon Lander
Perception Printing Co., Inc.
Phone: 972-462-8167
Fax: 972-393-5151
perception@verizon.net
DEPT: Engineering Department
DATE: March 23, 2004
ITEM #: 10/C
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a development agreement between Ferguson Realty Company and the City of Coppell to
allow for the dedication of a drainage easement necessary for Sandy Lake Road in consideration of a 100% credit
against future impact fees on the Ferguson tract; and authorizing the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Approval of the development agreement between Ferguson Realty Company and the city will allow the City of
Coppell to obtain a large, necessary drainage easement from the Ferguson tract in exchange for the waiver of
potential roadway impact fees against the site.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 02/04 Document Name: #DevAgreementFerguson-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: March 23, 2004
RE: Consider approval of a development agreement between Ferguson Realty
Company and the City of Coppell to allow for the dedication of a drainage
easement necessary for Sandy Lake Road in consideration of a 100% credit against
future impact fees on the Ferguson tract; and authorizing the City Manager to sign.
Sandy Lake Road from Denton Tap Rd. to S. H. 121 has been under design since December 12,
2000. After the start of the design, it was decided to break the project into two parts. Section ‘A’
is from S.H. 121 to north Coppell Rd. and Section ‘B’ is from north Coppell Rd. to Denton Tap
Rd.
It is anticipated that Section ‘A’, from S.H. 121 to north Coppell Rd., will be placed out to bid
and a contract awarded for construction in the fourth quarter of 2004. During the design of West
Sandy Lake Rd. Section ‘A’, I have had several meetings with potential developers along both
sides of Sandy Lake Rd. In particular, I have had numerous meeting with a proposed developer
of an approximately 32-acre tract of land owned by Ferguson Realty Company. This tract of land
is on the north side of Sandy Lake Rd. generally bounded on the east by Northpoint Drive and on
the west by Royal Ln. While the developer has initiated meetings to discuss potential designs, the
City of Coppell has also initiated several of the meetings concerning the drainage for Sandy Lake
Rd. It just so happens that a large drainage system, associated with Sandy Lake Rd., discharges
into an existing ditch in the Ferguson tract. It then proceeds northerly through the Ferguson tract
into a pond and then spills over the pond, continuing in a northeasterly direction.
The drainage discharging into the Ferguson tract is generated by the large tract of land on the
south side of Sandy Lake Rd. at S.H. 121 and is generally associated with the open ditch on the
west side of Royal Lane. The water is collected in that open ditch, discharged beneath Royal
Lane running in an easterly direction on the south side of Sandy Lake Rd. and then crosses to the
north side of Sandy Lake Rd. at the Ferguson tract.
In the original design of the drainage for Sandy Lake Rd. by our consultant, the drainage concept
showed that approximately 2-acres of land cutting right through the middle of the Ferguson tract
would be needed to maintain the current drainage pattern. Obviously, a drainage system in that
general location could render portions of the Ferguson tract undevelopable. In meetings with the
potential developer, we discussed a concept of maintaining an open channel on the north side and
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
adjacent to Sandy Lake Rd. to the east property line of the Ferguson tract, and then proceeding in
a northerly direction and discharging into the existing low on the adjacent property.
I have concurred with the open channel drainage concept so long as it is maintained by the
property owner and is built to be an amenity to the property. There is a very similar design
concept on South Belt Line Rd. near the intersection of Lake Shore Dr. and Belt Line Rd.
All the above is noted as background history to discuss the item before you this evening which is
the consideration of the approval of a development agreement between Ferguson Realty Company
and the City of Coppell to allow for the dedication of a drainage easement in consideration of a
100% credit against future roadway impact fees. The development agreement is structured
similar to the development agreement between the City of Coppell and Amberpoint at Coppell
approved by City Council on November 13, 2001.
The agreement between the City of Coppell and Ferguson Realty Company establishes a value for
the drainage easement. That value establishes what is called the ‘Credit Bank’. The ‘Credit
Bank” amount is noted in the development agreement as $303,199. The developer has indicated
that an approximately 600,000 square foot building will be built on the site. Using that building
size, the City is anticipating that roadway impact fees would be approximately $190,000. With
the approval of this development agreement, the City would not collect the roadway impact fees;
but would get the dedication of the necessary drainage easement to facilitate the construction of
Sandy Lake Rd. The value of the necessary easement from the Ferguson tract is at least equal to
or greater than what the roadway impact fees would be.
Therefore, approval of the development agreement between the City of Coppell and Ferguson
Realty Company would be in the best interest of the City of Coppell. Approval provides for a
100% waiver of the roadway impact fees, estimated to be approximately $190,000, in exchange
for the dedication of the drainage easement which is estimated to be over $200,000.
Staff recommends approval of the development agreement between Ferguson Realty Company
and the City of Coppell and will be available to answer any questions at the Council meeting.
DEVELOPMENT AGREEMENT – Page 1
STATE OF TEXAS §
§
COUNTY OF DALLAS §
DEVELOPMENT AGREEMENT
This AGREEMENT is made by and between the City of Coppell, Texas, a Home Rule
City (the “CITY”), and Ferguson Realty Company, a Texas corporation:
RECITALS
WHEREAS, Ferguson Realty Company is the owner of a 31.57-acre commercial tract of
land located along the north side of Sandy Lake Road, more particularly described in Exhibit “A”
attached hereto as (the “Ferguson Tract ”); and
WHEREAS, the CITY desires to acquire a drainage easement on the Ferguson Tract;
and
WHEREAS, Ferguson Realty Company desires to dedicate the drainage easement, more
particularly described in Exhibit “B” attached hereto, (the “Drainage Easement”) on the
Ferguson Tract to the CITY in exchange for a credit against future roadway impact fees to be
assessed the Ferguson Tract; and
WHEREAS, the dedication of the Drainage Easement by Ferguson Realty Company
will be in lieu of the City’s purchase of the Drainage Easement at the future date; and
WHEREAS, the CITY desires to acquire the Drainage Easement by dedication from
Ferguson Realty Company in exchange for a credit against roadway impact fees to be assessed by
the CITY against the Ferguson Tract Property; and
NOW THEREFORE, in consideration of ten dollars ($10.00), the mutual covenants and
other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the
parties agree as follows:
DEVELOPMENT AGREEMENT – Page 2
1. Ferguson Realty Company shall by plat dedicate or grant the Drainage Easement
to the CITY on or before June 30, 2004.
2. Upon dedication of the Drainage Easement by Ferguson Realty Company, the
CITY shall establish a credit (the “CREDIT”) against future roadway impact fees to be assessed
against the Ferguson Tract Property in an amount equal to the sum of Two Dollars and seventy-
five cents ($2.75) times the total square feet of the Drainage Easement (per Exhibit “B” =
110,254 sq. ft.). The product of these numbers shall establish a total CREDIT bank of $303,199
($2.75 x 110,254). All parties hereto acknowledge that the CREDIT will be applied against
100% of the roadway impact fees, however, in no event shall the CREDIT exceed the value of
the established CREDIT bank. All parties hereto acknowledge that the CITY has no obligation
to condemn or pay any sum of money in connection with such dedication of grant of easement for
the Drainage Easement. The parties further acknowledge that if the CREDIT exceeds the
amount of roadway impact fees assessed against the Ferguson Tract Property or if roadway
impact fees are not assessed against the Ferguson Tract Property that the CITY shall not be
liable for or be obligated to pay any such remaining credits in cash or cash equivalent to
Ferguson Realty Company or its successors.
NOTICE
3. All notices required by this AGREEMENT shall be addressed to the following, or
other such other party or address as either party designates in writing, by certified mail, postage
prepaid or by hand delivery:
DEVELOPMENT AGREEMENT – Page 3
If intended for Ferguson Realty Company, to:
c/o Ferguson Realty Company
900 East Solitude Drive
Jackson, Wyoming 83001
Phone Number: 307-733-4895
With copies to:
Vic Munson
6060 N. Central Expressway, Suite 560
Dallas, Texas 75206
Phone Number: 214.237.2920
Fax Number: 214.237.2921
MC II Development Company, Ltd.
3811 Turtle Creek Blvd. #730
Dallas, Texas 75219
Attn: Richard L. Crow
Phone Number : 214-520-7800
Fax Number 214-520-2015
If intended for CITY, to:
City of Coppell, Texas
City Manager
P.O. Box 9478
Coppell, Texas 75019
SUCCESSORS AND ASSIGNS
4. This AGREEMENT shall be binding on and inure to the benefit of the parties to it
and their respective heirs, executors, administrators, legal representatives, successors, and assigns.
SEVERABILITY
5. In the event any section, subsection, paragraph, sentence, phrase or word herein is
held invalid, illegal or unconstitutional, the balance of this AGREEMENT shall be enforceable
and shall be enforced as if the parties intended at all times to delete said invalid section,
subsection, paragraph, sentence, phrase or word.
DEVELOPMENT AGREEMENT – Page 4
GOVERNING LAW
6. The validity of this AGREEMENT and any of its terms and provisions, as well as
the rights and duties of the parties, shall be governed by the laws of the State of Texas; and venue
for any action concerning this AGREEMENT shall be in State District Court of Dallas County,
Texas.
ENTIRE AGREEMENT
7. This AGREEMENT embodies the complete agreement of the parties hereto,
superseding all oral or written, previous and contemporary agreements between the parties and
relating to the matters in this AGREEMENT, and except as otherwise provided herein cannot be
modified without written agreement of the parties to be attached to and made a part of this
AGREEMENT.
AGREEMENT RUNS WITH THE LAND
8. The provisions of this AGREEMENT are hereby declared covenants running with
the Ferguson Tract Property and are fully binding on all successors, heirs, and assigns of
Ferguson Realty Company who acquire any right, title, or interest in or to Ferguson Tract
Property or any part thereof including, but not limited to, MC II Development Company, Ltd.
Any person who acquires any right, title, or interest in or to the Ferguson Tract Property, or any
part hereof, thereby agrees and covenants to abide by and fully perform the provisions of this
AGREEMENT with respect to the right, title or interest in such property.
INCORPORATION OF RECITALS
9. The determination recited and declared in the preambles to this AGREEMENT
are hereby incorporated herein as part of this AGREEMENT.
DEVELOPMENT AGREEMENT – Page 5
EXHIBIT
10. All exhibits to this AGREEMENT are incorporated herein by reference for all
purposes wherever reference is make to the same.
EXECUTED in duplicate originals this the _____ day of _______________, 2004.
CITY OF COPPELL, TEXAS Ferguson Realty Company, a Texas Corporation
By:MC II Development Company, Ltd.
A Texas Limited Partnership
By:MCD GP, Inc.
A Texas Corporation its General Partner
By: __________________________ By: ____________________________________
Jim Witt, City Manager Richard L. Crow, Vice President
ATTEST:
By: _______________________________
Libby Ball, City Secretary
APPROVED AS TO FORM:
By: _______________________________
Robert G. Hager, City Attorney
DEVELOPMENT AGREEMENT – Page 6
CITY MANAGER’S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____day of _______________,
2004 by Jim Witt, City Manager of the City of Coppell, Texas, a municipal corporation, on behalf
of said corporation.
Notary Public, State of Texas
My commission Expires:
DEVELOPMENT AGREEMENT – Page 7
CORPORATE ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of
_______________2004, by ,
Ferguson Realty Company, a Texas corporation on behalf of said corporation.
Notary Public, State of
My Commission Expires:
DEVELOPMENT AGREEMENT – Page 8
EXHIBIT “A-1”
LEGAL DESCRIPTION OF PROPERTY
BEING a tract of land situated in the John E. Holland Survey, Abstract Number 614, Dallas County,
Texas, and being a part of that tract of land described in deed to Ferguson Realty Company as recorded in
Volume 79085, Page 2171, Deed Records of Dallas County, Texas (D.R.D.C.T.), and being more
particularly described as follows:
BEGINNING at a 5/8-inch iron rod found in the north right-of-way line of Sandy Lake Road (formerly
known as Thweatt Road, a called 50 foot right-of-way in said deed) for the common southeast corner of
said Ferguson Realty tract and southwest corner of that tract of land described in deed to Latour Partners,
L.P. as recorded in Volume 95197, Page 359, D.R.D.C.T.;
THENCE North 89 degrees 44 minutes 00 seconds West, along said north right-of-way line, a distance of
980.12 feet to a 1/2-inch iron rod with cap stamped "HALFF ASSOC. INC." (hereafter referred to as "with
cap") set for corner;
THENCE North 00 degrees 37 minutes 00 seconds West, departing said north right-of-way line, a distance
of 1305.00 feet to a 1/2-inch iron rod with cap set for corner;
THENCE North 89 degrees 52 minutes 00 seconds West, a distance of 218.76 feet to a 1/2-inch iron rod
with cap set for corner on the southeasterly right-of-way line of State Highway 121 (variable width right-
of-way);
THENCE North 42 degrees 52 minutes 00 seconds East, along said southeasterly right-of-way line, a
distance of 112.01 feet to a 1-inch iron pipe found for the intersection of said southeasterly right-of-way
line with the north line of the aforementioned Ferguson Realty tract and south line of that tract of land
described in deed to DFW SH-121 Limited Partnership as recorded in Volume 84046, Page 4613,
D.R.D.C.T.;
THENCE South 89 degrees 52 minutes 00 seconds East, departing said southeasterly right-of-way line and
along said north line, a distance of 825.50 feet to an ell corner on the west line of that tract of land
described in deed to William F. Callejo, Trustee as recorded in Volume 80004, Page 1835, D.R.D.C.T.,
from which point a 1-inch iron pipe found bears North 51 degrees 30 minutes 05 seconds East a distance
of 0.30 feet;
THENCE South 89 degrees 27 minutes 00 seconds East, along the common line between said Callejo and
Ferguson Realty tracts, a distance of 296.30 feet to a 5/8-inch iron rod found for the common northeast
corner of said Ferguson Realty tract and northwest corner of the aforementioned Latour Partners, L.P.
tract;
THENCE South 00 degrees 37 minutes 00 seconds East, departing said common line and along the
common line between said Ferguson Realty and Latour Partners, L.P. tracts, a distance of 1387.40 feet to
the POINT OF BEGINNING AND CONTAINING 1,375,154 square feet or 31.57 acres of land, more or
less.
DEVELOPMENT AGREEMENT – Page 9
EXHIBIT “A-2”
DEVELOPMENT AGREEMENT – Page 10
EXHIBIT “B”
DRAINAGE EASEMENT
LEGAL DESCRIPTION
BEING a tract of land situated in the John E. Holland Survey, Abstract Number 614, Dallas
County, Texas, and being a part of that tract of land described in deed to Ferguson Realty
Company as recorded in Volume 79085, Page 2171, Deed Records of Dallas County, Texas
(D.R.D.C.T.), and being more particularly described as follows:
BEGINNING at a 5/8-inch iron rod found in the north right-of-way line of Sandy Lake Road
(formerly known as Thweatt Road, a called 50 foot right-of-way in said deed) for the common
southeast corner of said Ferguson Realty tract and southwest corner of that tract of land described
in deed to Latour Partners, L.P. as recorded in Volume 95197, Page 359, D.R.D.C.T.;
THENCE North 89 degrees 44 minutes 00 seconds West, along said north right-of-way line, a
distance of 905.00 feet to a point for corner;
THENCE North 00 degrees 16 minutes 00 seconds East, departing said north right-of-way line, a
distance of 75.00 feet to a point for corner;
THENCE South 89 degrees 44 minutes 00 seconds East, along a line parallel to and 75.00 feet
north of said north right-of-way line, 803.83 feet to a point for corner;
THENCE North 00 degrees 37 minutes 00 seconds West, along a line parallel to and 100.00 feet
west of the common line between said Ferguson Realty and Latour Partners tracts, a distance of
423.45 feet to a point for corner;
THENCE North 89 degrees 23 minutes 00 seconds East, a distance of 100.00 feet to a point for
corner on said common line;
THENCE South 00 degrees 37 minutes 00 seconds East, along said common line, a distance of
500.00 feet to the POINT OF BEGINNING AND CONTAINING 110,254 square feet or 2.53
acres of land, more or less.
DEPT: Engineering Department
DATE: March 23, 2004
ITEM #: 10/D
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a license agreement between the City of Coppell and John Barry concerning encroachments
into an existing easement adjacent to Lot 4, Block C of the Pecan Ridge Estates subdivision (339 Tanglewood);
and authorizing the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Approval of this license agreement will allow the encroachment of an existing pool into an existing 10-foot
drainage and utility easement to remain.
Staff will be available to answer any questions at the Council meeting.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 02/04 Document Name: #LicAgmt339Tanglewood-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: March 23, 2004
RE: Consider approval of a license agreement between the City of Coppell and John
Barry concerning encroachments into an existing easement adjacent to Lot 4,
Block C of the Pecan Ridge Estates subdivision (339 Tanglewood); and
authorizing the City Manager to sign.
Mr. and Mrs. Barry recently contacted the City concerning the encroachment of their pool into an
existing 10-foot drainage and utility easement on their property at 339 Tanglewood Lane. Mr. and
Mrs. Barry are in the process of selling their property and relocating out of state. Because of the
encroachment of the pool in the drainage easement, the realtor has some concern whether or not
the property could be marketed. As is often the case, the pool was built after the construction of
the house and installation of the fence, within the confines of the fenced backyard. However, it
did place the pool squarely within the city’s 10-foot drainage and utility easement.
The city has a 42” RCP stormdrain within the drainage and utility easement. Therefore,
abandonment of the easement or a portion of the easement is not an option. The pool and the 42”
RCP stormdrain currently co-exist within the easement and to remove the pool from the easement
is mostly likely not a realistic approach.
The Barry’s purchased the property in 2003 and at that time the pool and encroachment were
existing. As a matter of fact, unknown to the city, apparently this issue surfaced in 1997. At that
time, there was a letter written by Ron Robertson, with Robertson Pools and Spas, to the realtor,
Mike Rohland, concerning the encroachment at 339 Tanglewood and stating that Robertson Pools
would be responsible for any repairs to the pool that may be caused by any repair work to the
stormdrain line within the easement area. The letter from Mr. Robertson was written in response
to a survey of the property on November 17, 1997, which showed the encroachment of the pool
within the existing easement.
The license agreement before you this evening is an irrevocable license, which will allow the pool
to remain within the existing easement perpetually. In paragraph 10 of the license agreement
there are three instances where the agreement could be terminated. Those include a) written
agreement of both parties; b) by the city upon failure of the licensee to perform obligations; and
c) by the city abandoning any interest in the existing utility and drainage easement.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
Because of the existing 42” RCP, option ‘c’ would never be invoked. Therefore, there is not a
foreseeable situation which would cause the pool to be removed from the easement or the
easement to be abandoned.
Staff recommends approval of the license agreement between the City of Coppell and John Barry
to allow for the encroachment of an existing swimming pool within an existing 10-foot drainage
and utility easement.
Staff will be available to answer any questions at the Council meeting.
____________________________________
License Agreement - Page 1 42413
STATE OF TEXAS §
§ LICENSE AGREEMENT
COUNTY OF DALLAS §
THIS AGREEMENT is made by and between City of Coppell, Texas (hereinafter
referred to as “CITY”) and John Barry (hereinafter collectively referred to as “LICENSEE”)
acting by and through their authorized representatives.
WITNESSETH:
WHEREAS, LICENSEE own the real property improvements located at 339
Tanglewood and being more particularly described in Exhibit “A”, attached hereto and
incorporated herein as set forth in full; and
WHEREAS, there currently exists on LICENSEE’s property a swimming pool and fence
(hereinafter referred to as the “IMPROVEMENTS”) within City right-of-way easement as
shown on the attached survey plat marked Exhibit “B” and incorporated herein for all purposes;
and
WHEREAS, LICENSEE has requested the CITY allow the use and occupancy of the
easement for LICENSEE IMPROVEMENTS;
NOW THEREFORE, in consideration of the covenants contained herein and other
valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
1.Purpose: CITY hereby grants LICENSEE an irrevocable license, for the purpose of
maintaining and using the swimming pool and fence (the “PERMITTED IMPROVEMENTS”)
encroaching the CITY easement and being more particularly depicted on the map marked
Exhibit “B” attached hereto and incorporated herein for all purposes.
2.Term: The term of this License shall be perpetual, subject, however, to termination by
the CITY as provided herein.
3.Non-exclusive: This License is nonexclusive and is subject to any existing utility,
drainage or communications facilities located in, on, under or upon the easement or property
owned by CITY, any utility or communication company, public or private, to all vested rights
presently owned by any utility or communication company, public or private for the use of the
CITY easement for facilities presently located within the boundaries of the easement and to any
existing lease, license, or other interest in the easement granted by CITY to any individual,
corporation or other entity, public or private.
4.Environmental Protection: LICENSEE shall not use or permit the use of the property
for any purpose that may be in violation of any laws pertaining to the health of the environment,
including without limitation, the comprehensive environmental response, compensation and
____________________________________
License Agreement - Page 2 42413
liability act of 1980 (“CERCLA”), the resource conservation and recovery act of 1976
(“RCRA”), the Texas Water Code and the Texas Solid Waste Disposal Act. LICENSEE warrant
that the PERMITTED use of the property will not result in the disposal or other release of any
hazardous substance or solid waste on or to the property, and that it will take all steps necessary
to ensure that no such hazardous substance or solid waste will ever be discharged onto the
property or adjoining property by LICENSEE. The terms “hazardous substance and waste” shall
have the meaning specified in CERCLA and the term solid waste and disposal (or dispose) shall
have the meaning specified in the RCRA; provided, however, that in the event either CERCLA
or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader
meaning shall apply subsequent to the effective date of such amendment; and provided further, at
the extent that the laws of the State of Texas establish a meaning for hazardous substance,
release, solid waste, or disposal which is broader then that specified in the CERCLA or RCRA,
such broader meaning shall apply. LICENSEE shall indemnify and hold CITY harmless against
all costs, environmental clean up to the property and surrounding CITY property resulting from
LICENSEE’ use of the property under this License.
5.Mechanic’s liens not permitted: LICENSEE shall fully pay all labor and materials
used in, on or about the property and will not permit or suffer any mechanic’s or material man’s
liens of any nature be affixed against the property by reason of any work done or materials
furnished to the property at LICENSEE’ instance or request.
6.Duration of License: This License shall terminate and be of no further force and effect
in the event LICENSEE shall discontinue or abandon the use of the PERMITTED
IMPROVEMENTS or in the event LICENSEE shall remove the PERMITTED
IMPROVEMENTS from the property or upon termination by CITY, as described in paragraph
10, whichever event first occurs; or, in the event that the City abandons the property depicted as
an easement on Exhibit B, then this agreement shall be of no further effect.
7.Compliance with laws: LICENSEE agree to abide by and be governed by all laws,
ordinances and regulations of any and all governmental entities having jurisdiction over the
LICENSEE.
8.Indemnification: LICENSEE shall defend, protect and keep CITY forever harmless and
indemnified against and from any penalty, or any damage, or charge, imposed for any violation
of any law, ordinance, rule or regulation arising out of the use of the property by the LICENSEE,
whether occasioned by the neglect of LICENSEE, its employees, officers, agents, contractors or
assigns or those holding under LICENSEE. LICENSEE shall at all times defend, protect and
indemnify and it is the intention of the parties hereto that LICENSEE hold CITY harmless
against and from any and all loss, cost, damage, or expense, including attorney’s fee, arising out
of or from any accident or other occurrence on or about the property causing personal injury,
death or property damage resulting from use of property by LICENSEE, its agents, employees,
customers and invitees, except when caused by the willful misconduct or negligence of CITY, its
officers, employees or agents, and only then to the extent of the proportion of any fault
determined against CITY for its willful misconduct or negligence. LICENSEE shall at all times
defend, protect, indemnify and hold CITY harmless against and from any and all loss, cost,
damage, or expense, including attorney’s fees arising out of or from any and all claims or causes
____________________________________
License Agreement - Page 3 42413
of action resulting from any failure of LICENSEE, their officers, employees, agents, contractors
or assigns in any respect to comply with and perform all the requirements and provisions hereof.
LICENSEE shall be responsible for all damage caused from the need to repair or access the line.
9.Action upon termination: At such time as this License may be terminated or canceled,
LICENSEE, upon request by CITY, shall remove all PERMITTED IMPROVEMENTS and
appurtenances owned by it, situated in, under or attached to the CITY utility easement and shall
restore such property to substantially the condition of the property prior to LICENSEE’
encroachment at LICENSEE sole expense.
10.Termination: This Agreement may be terminated in any of the following ways:
a. Written agreement of both parties;
b. By CITY upon failure of LICENSEE to perform its obligations as set forth in this
Agreement;
c. By the City abandoning any interest in the utility and drainage easement.
11.Notice: When notice is permitted or required by this Agreement, it shall be in writing
and shall be deemed delivered when delivered in person or when placed, postage prepaid in the
United States mail, certified return receipt requested, and addressed to the parties at the address
set forth opposite their signature. Either party may designate from time to time another and
different address for receipt of notice by giving notice of such change or address.
12.Attorney’s fees: Any signatory to this Agreement, who is the prevailing party in any
legal proceeding against any other signatory brought under or with relation to this Agreement
shall be entitled to recover court cost and reasonable attorney’s fees from the non-prevailing
party.
13.Governing law: This Agreement is governed by the laws of the State of Texas; and
venue for any action shall be in Dallas County, Texas.
14.Binding effect: This Agreement shall be binding upon and inure to the benefit of the
executing parties and their respective heirs, personal representatives, successors and assigns.
15.Entire Agreement: This Agreement embodies the entire agreement between the parties
and supersedes all prior agreements, understandings, if any, relating to the property and the
matters addressed herein and may be amended or supplemented only by written instrument
executed by the party against whom enforcement is sought.
16.Recitals: The recitals to this Agreement are incorporated herein by reference.
17.Legal construction: The provisions of this Agreement are hereby declared covenants
running with the property and are fully binding on all successors, heirs, and assigns of
LICENSEE who acquire any right, title, or interest in or to the property or any part thereof. Any
person who acquires any right, title, or interest in or to the property, or any part hereof, thereby
____________________________________
License Agreement - Page 4 42413
agrees and covenants to abide by and fully perform the provisions of this agreement with respect
to the right, title or interest in such property.
EXECUTED this ______ day of _________________, 2004.
CITY OF COPPELL, TEXAS
By:
JIM WITT, CITY MANAGER
ATTEST:
By:
LIBBY BALL, CITY SECRETARY
ACCEPTANCE ACKNOWLEDGED BY:
LICENSEE:
By:
JOHN BARRY
____________________________________
License Agreement - Page 5 42413
CITY’S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of _______________, 2004,
by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of said
municipality.
___________________________________
Notary Public, State of Texas
My Commission Expires:
_________________________
____________________________________
License Agreement - Page 6 42413
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2004, by John Barry.
Notary Public, State of Texas
My Commission expires:
DEPT: Finance
DATE: March 23, 2004
ITEM #: 11
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to
Ordinance No. 2003-1047, the budget for Fiscal Year October 1, 2003 through September 30, 2004, and
authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY: This amendment is being brought forward to reflect encumbrance carryovers and
changes experienced through the first quarter of the fiscal year.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 02/04 Document Name: $BudAmend
MEMORANDUM
Date:March 23, 2004
To:Mayor and Council
From:Jennifer Armstrong, Director of Finance
Via:Clay Phillips, Deputy City Manager
Subject:Budget Amendment - Fiscal Year 2003-04
This budget amendment is being brought forward to reflect encumbrance carryovers, and items that
have been brought before Council during the first quarter of the year.
General Fund
General Fund revenues are being increased $509,997. The majority of this increase is from the
sales tax increase that has been experienced, claims reimbursement by insurance, and the
accounting treatment of the lease on the MICU’s.
General Fund expenditures are being increased $733,589. $284,582 is associated with
encumbrance carryovers. $86,300 is for equipment from E911 funds. $284,532 is associated
with the accounting treatment of the expenditure side of the MICU lease.
Combined Services 15,400 Surveying Services to sell City Property
City Administration 113 Encumbrance Carryover
City Secretary 1,029 Encumbrance Carryover
Engineering 7,100 Encumbrance Carryover
Facilities 60,309 Encumbrance Carryover: 10,309
Roof Repair-Hail Damage: 50,000
Streets 2,417 Encumbrance Carryover
Fleet 16,228 Encumbrance Carryover: 4,828
MV Repair-Insurance Reimb.: 11,400
Traffic 11,935 Encumbrance Carryover
Fire 305,268 Encumbrance Carryover: 20,736
Remainder-Accounting Treatment of MICU
Emergency Management 641 Encumbrance Carryover
Municipal Court 800 Encumbrance Carryover
Planning 5,657 Surveying Services Zoning Maps
Library 76,345 Encumbrance Carryover
Police 91,383 Encumbrance Carryover: 11,383
E911 Equipment: 80,000
Information Systems 13,667 Encumbrance Carryover: 7,367
E911 Equipment: 6,300
Parks 92,562 Encumbrance Carryover
Recreation 30,558 Encumbrance Carryover
Ballfield Maintenance 2,177 Encumbrance Carryover
2
Water & Sewer Fund
Expenses are being amended in Utility Operations for Encumbrance Carryovers.
Police Special Revenue Fund
Revenues are being amended to reflect forfeitures and donations that have been received. The
expenditures are those associated with the CERT Grant, and a vehicle due to the recent police
reorganization.
Tree Preservation Fund
Revenues are being increased for income actually received. Expenditures are for planting of
trees.
Infrastructure Maintenance Fund
Expenditures are being amended to reflect encumbrance carryovers and some masonry repairs at
various park facilities.
Donations – Special Revenue
Revenues are being amended to reflect a donation to the Library. Expenditures are being
amended to reflect encumbrance carryovers and supplies for the Fire Department.
C.E.D.C. Special Revenue
Revenues are being amended to reflect the anticipated increase in sales tax collections. The
expenditures are being increased, as an offset to the revenue increase, for grants to schools.
C.R.D.C. Special Revenue
The revenues are being amended for additional sales tax expected. Expenditures are being
amended to reflect the contract for Wagon Wheel Practice facilities approved on January 13,
2004.
Municipal Court Technology Fund
The expenditures are associated with the automated traffic citation program.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS APPROVING AN
AMENDMENT TO THE BUDGET FOR THE CITY FOR THE FISCAL YEAR OCTOBER
1, 2003 THROUGH SEPTEMBER 30, 2004; PROVIDING THAT EXPENDITURES FOR
SAID FISCAL YEAR SHALL BE MADE IN ACCORDANCE WITH SAID BUDGET; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the Budget Officer of the City of Coppell, Texas, did on the 4th day of August,
2003, file with the City Secretary, a proposed general budget for the City covering the fiscal year
aforesaid, and
WHEREAS, the City Council of the City of Coppell approved said budget on the 9th day of
September, 2003, and
WHEREAS, the governing body of the City has this date considered an amendment to said
budget;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That Section No. 2 of Ordinance No. 2003-1047, for the 2003-04 Fiscal Year
Budget, is hereby amended as follows:
General Fund Current Budget Amending Budget Change
Revenues $30,036,784 $30,546,781 $509,997
Expenditures
Combined Services 1,460,050 1,475,450 15,400
City Administration 636,000 636,113 113
City Secretary 218,747 219,776 1,029
Engineering 823,647 830,747 7,100
Facilities 852,867 913,176 60,309
Streets 1,531,051 1,533,468 2,417
Fleet 592,271 608,499 16,228
Traffic 663,192 675,127 11,935
Fire 5,893,581 6,198,849 305,268
Emergency Mgmt 99,547 100,188 641
Municipal Court 776,849 777,649 800
Planning 381,606 387,263 5,657
Library 1,449,545 1,525,890 76,345
Police 6,099,089 6,190,472 91,383
Information Systems 1,213,824 1,227,491 13,667
Parks 451,520 544,082 92,562
Recreation 1,337,214 1,367,772 30,558
Ballfield Maintenance 277,374 279,551 2,177
Total Expenditures 733,589
Decrease in Designated Fund Balance - E911 (86,300)
Decrease in Designated Fund Balance - Encumbrances (284,582)
Net Expenditure Increase 362,707
Net Increase in Undesignated Fund Balance $147,290
Water/Sewer Fund Current Budget Amending Budget Change
Expenses
Utility Operations $1,428,655 $1,481,396 $52,741
Net Decrease in Projected Retained Earnings $52,741
Police Spec. Rev. Fund Current Budget Amending Budget Change
Revenues $12,975 $19,969 $6,994
Expenditures 34,090 67,597 33,507
Net Decrease in Projected Fund Balance $26,513
Tree Preservation Fund Current Budget Amending Budget Change
Revenues $1,800 $13,900 $12,100
Expenditures 0 30,000 30,000
Net Decrease in Projected Fund Balance $17,900
Infrastructure Maint. Fund Current Budget Amending Budget Change
Expenditures $889,000 $1,525,889 $636,889
Net Decrease in Projected Fund Balance $636,889
Donations-Special Revenue Current Budget Amending Budget Change
Revenues $22,250 $47,964 $25,714
Expenditures 13,990 21,490 7,500
Net Decrease in Projected Fund Balance $18,214
C.E.D.C. Spec. Revenue Current Budget Amending Budget Change
Revenues $1,950,000 $2,110,000 $160,000
Expenditures 1,940,000 2,100,000 160,000
Net Change in Projected Fund Balance $ 0
C.R.D.C. Spec. Revenue Current Budget Amending Budget Change
Revenues $1,175,162 $1,335,162 $160,000
Expenditures 107,682 1,796,197 1,688,515
Net Decrease in Projected Fund Balance $1,528,515
Municipal CT. Tech. Fund Current Budget Amending Budget Change
Expenditures $0 $85,000 $85,000
Net Decrease in Projected Fund Balance $85,000
SECTION 2. EFFECTIVE DATE.
That this ordinance shall become effective immediately from and after its passage as the law
and charter in such cases provide.
DULY PASSED and adopted by the City Council of the City of Coppell, Texas, on the _____ day
of March, 2004.
APPROVED:
______________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
____________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_____________________________________
ROBERT E. HAGER, CITY ATTORNEY
DEPT: Finance
DATE: March 23, 2004
ITEM #: 12
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a Resolution amending Resolution #010996.3, as heretofore amended,
with regard to Library fees, Special Event fees, and garbage collection fees; and adding Section 9-22-5 Drainage
charges, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY: This is the semi-annual update of the fees charged by the City for services provided.
The Library fees for a replacement card are being raised from $.75 to $1.00. The Special Event fees are being
raised on dedicated personnel and vehicles to offset the cost of providing these services. See attached information
from Brad Reid regarding the Solid Waste, Recycling and Yard Trimming fees. The final changes to the
Resolution are those for the Municipal Drainage Utility System presented on March 9, 2004.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 02/04 Document Name: $MasterFee-1AgendaRequest
City of CoppellFee ChangesCouncil Meeting 03-23-04Fee Current NewLibrary Fees Library Replacement Card $0.75 $1.00Special Events Fee Dedicated Ambulance with two paramedics $75.00 + current overtime rate $75.00 + current overtime rate +(min. 2 hrs.) Benefit Costs(min. 2 hrs.) Dedicated Police Unit with one officer Current Overtime Rate $50.00 + current overtime rate +(min. 2 hrs.) Benefit Costs(min. 2 hrs.) Dedicated Maintenance Worker Current Overtime Rate $25.00 + current overtime rate +(min. 2 hrs.) Benefit Costs(min. 2 hrs.) Dedicated Signal Technician Current Overtime Rate $25.00 + current overtime rate +(min. 2 hrs.) Benefit Costs(min. 2 hrs.)Solid Waste and Recycling (Includes $1.60 Yard Trimmings Fee)Residential Garbage Customer $11.46 per month $13.22 per monthSenior Citizen Residential Garbage Customer $10.32 per month $12.06 per month
Commercial Garbage Collection Fees:FREQUENCY 3 YD 4 YD 6 YD 8 YD(Per week) Old New Old New Old New Old New1$74.99 $76.04 $92.04 $93.33 $111.90 $113.47 $141.77 $143.752$124.82 $126.57 $179.29 $181.80 $191.41 $194.09 $241.78 $245.163$165.63 $167.95 $245.81 $249.25 $275.78 $279.64 $340.77 $345.544$210.51 $213.46 $317.26 $321.70 $357.70 $362.71 $432.41 $438.465$257.37 $260.97 $384.34 $389.72 $431.05 $437.09 $530.00 $537.426$304.81 $309.08 $461.24 $467.70 $508.90 $516.02 $627.84 $636.63Extra Pickups $24.85 $25.20 $33.74 $34.21 $35.89 $36.39 $48.20 $48.87Commercial Hand Pickups $21.06 $21.35 Redelivery Fee for Non-payment of Account $37.63 $38.16Compactors - Closed Delivery Fee $70.18 $71.16 Renatl Per Month $341.39 $346.17 Charge per Pull30 YD $291.62 $295.7034 YD $305.49 $309.7742 YD $341.39 $346.17 SpecialTemporary Roll-Off Pricing 20 YD 30 YD 40 YD Waste HaulOld New Old New Old New Old NewMonthly Rental $135.70 $137.60 $135.70 $137.60 $135.70 $137.60 $135.70 $137.60Delivery Fee (Each) $50.46 $51.17 $50.46 $51.17 $50.46 $51.17 $50.46 $51.17Cost Per Pull $201.42 $204.24 $230.69 $233.92 $292.69 $296.79 $171.41 $173.81Liner (Special Waste) $42.28 $42.87 $42.28 $42.87 $42.28 $42.87$42.28 $42.87Disposal Cost included included included included included included t.b.d. type t.b.d. type. of waste of waste
Drainage FeesResidentialNew Fees Single Family $1.00 per unit Multi Family $7.00 per acre Min $5 Max $75Commercial/Industrial $8.00 per acre, $9.00 perimpervious acre Min $5 Max $75Day Care Center/Churches $7.00 per acre, $9.00 perimpervious acre Min $5 Max $75
Parks and Recreation Department
Memorandum
To:Jennifer Armstrong, Director of Finance
From: Brad Reid, Director of Parks and Recreation
Date:March 1, 2004
RE: Waste Management Rate Change
According to Ordinance No. 91504.1, the solid waste rate will be subject to an annual
adjustment to reflect changes in the CPI to become effective on April 1 of each year. The
adjustment is based on 75% of the Consumer Price Index percent change.
The annual CPI reflected in January 2004 equals to an increase of 1.9% (see attached CPI
Indicator). The solid waste rates will increase by seventy-five percent of 1.9, or 1.4% for
2004. Waste Management has sent the attached rate schedule which reflects this change.
The Residential Rates for twice a week trash pick-up and once a week recycling pick-up
reflects the 1.4% increase from last year’s rate, plus the new $1.60 yard trimmings
recycling rate.
Waste Management has waived the month of April 2004 for the rate increase so that the
yard trimmings recycling rate can be combined with the annual adjustment and become
effective on May 1, 2004. This will result in one rate change instead of two.
CITY OF COPPELL
SOLID WASTE AND RECYCLING RATE SCHEDULE
EFFECTIVE MAY 1, 2004
RESIDENTIAL RATE, TWICE WEEKLY TRASH,
ONCE WEEKLY RECYCLING AND YARD TRIMMINGS.................$13.22
SENIOR CITIZEN RATE, TWICE WEEKLY TRASH,
ONCE WEEKLY RECYCLING AND YARD TRIMMINGS.................$12.06
COMMERCIAL RATE SCHEDULE
FREQUENCY PER WEEK
CONTAINER
SIZE 1 2 3 4 5 6 EXTRA
3 $ 76.04 $126.57 $167.95 $213.46 $260.97 $309.08 $25.20
4 $ 93.33 $181.80 $249.25 $321.70 $389.72 $467.70 $34.21
6 $113.47 $194.09 $279.64 $362.71 $437.09 $516.02 $36.39
8 $143.75 $245.16 $345.54 $438.46 $537.42 $636.63 $48.87
REDELIVERY FOR NON-PAYMENT ............................................... $38.16
COMMERCIAL HAND PICK-UP ....................................................... $21.35
COMPACTOR ROLL-OFF, WASTE MANAGEMENT BILLED
DELIVERY FEE................................................................................ $71.16
RENTAL PER MONTH ..................................................................... $346.17
CHARGE PER PULL 30 YARD 34 YARD 42 YARD
$295.70 $309.77 $346.17
TEMPORARY ROLL-OFF PRICING
SPECIAL
20 YARD 30 YARD 40 YARD WASTE HAUL
MONTHLY RENTAL $137.60 $137.60 $137.60 $137.60
DELIVERY FEE (EACH) 51.17 51.17 51.17 51.17
COST PER PULL 204.24 233.92 296.79 173.81
LINER (SPECIAL WASTE) 42.87 42.87 42.87 42.87
DISPOSAL COST included included included t.b.d. upon
type of waste
ALL RATES INCLUDE A 15% FRANCHISE FEE.
1
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO. __________________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS,
AMENDING RESOLUTION NO. 010996.3, THE MASTER FEE
SCHEDULE, AS AMENDED, BY AMENDING THE LIBRARY FEES, IN
PART, BY PROVIDING FEES FOR LIBRARY CARD REPLACEMENT;
THE SPECIAL EVENT FEES, IN PART, BY AMENDING SUBSECTION
(6) TO PROVIDE FOR A DEDICATED AMBULANCE WITH TWO
PARAMEDICS, A DEDICATED POLICE UNIT WITH ONE OFFICER, A
DEDICATED MAINTENANCE WORKER AND A DEDICATED SIGNAL
TECHNICIAN; BY AMENDING THE GARBAGE COLLECTION FEES,
IN PART; AND BY AMENDING DRAINAGE FEES BY ADDING
SUBSECTION 9-22-5; PROVIDING A REPEALING CLAUSE AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, previously adopted
Resolution No. 010996.3 to provide for general and special fees and charges to be assessed and
collected by the City, as authorized by the Code of Ordinances and other applicable codes,
ordinances, resolutions, and laws; and
WHEREAS, the City Council of the City of Coppell desires to amend certain fees as set
forth therein and delete others as authorized by law;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That the Master Fee Schedule section entitled “Drainage Fees” be
amended, in part, to read as follows:
“Section 9-22-5, Drainage Charges
…..
(1) Residential Property.
a. Single-family zoned property.
…..
$1/per unit
b. Multi-family zoned property.
…..
$7/per acre
with Minimum Fee of $5 and Maximum Fee of $75
2
(2) Commercial/Industrial property.
…..
a. …..
$8/per acre
b. …..
$9/per impervious acre
c. …..
Minimum Fee of $5 and Maximum Fee of $75
(3) Day Care Center/Church.
…..
a. …..
$7/per acre
b. …..
$9/per impervious acre
c. …..
Minimum Fee of $5 and Maximum Fee of $75
….. .”
SECTION 2. That the Master Fee Schedule section entitled “Library Fees” be amended,
in part, to read as follows:
“…..
Library Card Replacement $1.00
…..”
SECTION 3. That the Master Fee Schedule section entitled “Special Event Fees” be
amended, in part, to read as follows:
“…..
Dedicated Ambulance with two paramedics $75.00 + current overtime rate +
Benefit Costs (minimum 2 hours)
3
Dedicated Police Unit with one officer $50.00 + current overtime rate +
Benefit Costs (minimum 2 hours)
Dedicated Maintenance Worker $25.00 + current overtime rate +
Benefit Costs (minimum 2 hours)
Dedicated Signal Technician $25.00 + current overtime rate +
Benefit Costs (minimum 2 hours)
SECTION 4. That the Master Fee Schedule section entitled “Garbage Collection Fees”
be amended, in part, to read as follows:
“…..
Solid Waste and Recycling (Includes $1.60 Yard Trimmings Fee)
1) Residential Garbage Customer $13.22 per month
Senior Citizen Residential Garbage Customer $12.06 per month
2) Commercial Garbage Collection Fees:
FREQUENCY
(Per Week)
3 YD 4 YD 6 YD 8 YD
1 $76.04 $93.33 $113.47 $143.75
2 $126.57 $181.80 $194.09 $245.16
3 $167.95 $249.25 $279.64 $345.54
4 $213.46 $321.70 $362.71 $438.46
5 $260.97 $389.72 $437.09 $537.42
6 $309.08 $467.70 $516.02 $636.63
Extra Pickups $25.20 $34.21 $36.39 $48.87
Commercial Hand Pickups $21.35
Redelivery Fee for Non-payment of Account $38.16
Compactors – Closed
Delivery Fee $71.16
Rental per Month $346.17
4
Charge per Pull
30 YD $295.70
34 YD $309.77
42 YD $346.17
Temporary Roll-Off Pricing 20 YD 30 YD 40 YD Special
Waste Haul
Monthly Rental $137.60 $137.60 $137.60 $137.60
Delivery Fee (Each)$51.17 $51.17 $51.17 $51.17
Cost Per Pull $204.24 $233.92 $296.79 $173.81
Liner (Special Waste)$42.87 $42.87 $42.87 $42.87
Disposal Cost included included included t.b.d. type
of waste
SECTION 5. That all provisions of the resolutions of the City of Coppell, Texas, in
conflict with the provisions of this Resolution, except as noted herein, be, and the same are
hereby, repealed, and all other provisions not in conflict with the provisions of this Resolution
shall remain in full force and effect.
SECTION 6. That should any word, phrase, paragraph, or section of this Resolution be
held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this
Resolution as a whole, or any part or provision thereof other than the part so decided to be
unconstitutional, illegal or invalid, and shall not affect the validity of the Resolution as a whole.
SECTION 7. That this Resolution shall take effect May 1st 2004 and after its passage as
the law and charter in such cases provide.
5
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: Engineering
DATE: March 23, 2004
ITEM #: 13
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of awarding Bid/Contract #Q-1203-02 to S.J. Lewis Construction Company for the construction
of Deforest Road Lift Station Improvements Force Main Lines ‘A’ & ‘B’ in an amount of $1,177,506 as provided
for in water and sewer CIP funds; and authorizing the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Approval of this contract for the construction of Deforest Road Lift Station Improvements Force Main Lines ‘A’ &
‘B’ will allow for upgrades to the sanitary sewer system.
Staff will be available to answer any questions at the Council meeting.
FINANCIAL COMMENTS: Funds are available in the 1999 Water and Sewer CIP accounts.
Agenda Request Form - Revised 02/04 Document Name: #DeforestContract-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: March 23, 2004
RE: Consider approval of awarding Bid/Contract #Q-1203-02 to S.J. Lewis
Construction Company for the construction of Deforest Road Lift Station
Improvements Force Main Lines A & B in an amount of $1,177,506 as provided
for in water and sewer CIP funds; and authorizing the City Manager to sign.
On February 10, 2004 the City of Coppell received and opened seven bids for the construction of
Force Main Lines ‘A’ & ‘B’. Force Main Lines ‘A’ & ‘B’ generally run from the existing Sandy
Lake Road Lift Station south to the intersection of MacArthur Blvd. and Belt Line Rd. Along
that path it will travel through MacArthur Park to the median of MacArthur Blvd. and then be
installed in the median of MacArthur Blvd. until it approaches the railroad tracks near Belt Line
Road. At that point, it will be bored back under northbound MacArthur Blvd. to tie into an
existing 30” sanitary sewer line that flows to the Trinity River Authority. Utilizing the open cut
method will require that some trees along the median be removed. In areas where possible, we
have attempted to bore under existing trees and median openings. The total length of the
construction is 5,515 linear feet, and of that amount 1,220 will be bored to avoid existing trees
and avoid cutting portions of the roadway. This is approximately 22% of the total project.
The project was bid two different ways. One bid was for a traditional open-cut installation. The
City received four bids for the open-cut installation. Those four bids ranged from $1,157,799 up
to $1,974,772.19. The bidders for the traditional open-cut are shown on the bid tab as
Alternative II.
The City of Coppell also bid this project with a directional drilling alternate. This is a concept
where bore pits are installed at various locations and the pipe is installed beneath the roadway
without the need to open-cut the roadway. The City also received four bids for the directional
drilling concept. Those bids ranged in price from $1,487,892 up to $1,920,702.
The apparent low bidder on the project was Atkins Brothers for the open-cut alternative.
However, Atkins Brothers failed to provide a bid affidavit with their proposal; therefore, they
were disqualified from the bid (see attached letter from the Purchasing Agent).
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
The second low bidder on the project was also an open-cut proposal by S.J. Louis in the amount
of $1,177,506. The consultant for the project, Turner, Collie and Braden has completed the
reference checks on S.J. Louis. As can be seen on the attached letter from Ted Sugg, with
Turner, Collier and Braden, S.J. Louis is in good standing with past clients and is capable of
constructing the referenced project.
The award of this project for construction will be the first in a series of four awards for lift
station and force main improvements. For some time now, the city has been working on
upgrades to the Sanitary Sewer System to handle increased development over the last few years.
The other three projects are the construction of Force Main ‘D’, which is from the Deforest
Road Lift Station to the Sandy Lake Road Lift. That project should be presented for award at the
April 13, 2004 City Council meeting. The next project is the rehabilitation of the Sandy Lake
Road Lift Station.
The last project is a complete rebuild of the Deforest Road Lift Station. In essence, the Deforest
Road Lift Station will be demolished and a new lift station will be built immediately east of the
current lift station. The new Deforest Road Lift Station will have improved odor control and
pumping capacity.
The engineer’s estimate for the construction of Force Main Lines ‘A’ & ‘B’ was $1,018,500.
Staff recommends award of the contract for the construction of Force Main Lines ‘A’ & ‘B’ to
S.J. Louis in an amount of $1,177,506 with an estimated completion time of 200 calendar days.
Staff will be available to answer any questions at the Council meeting.
BID TABULATION: LIFT STATION IMPROVEMENTS FORCE MAIN PROJECT SS 99-01 LINE ‘A’ & ‘B’ ALTERNATIVE IItem Quantity UnitDescriptionHall-Albert Mastec Barson Utilities InsituformUnit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total PriceI-1 4,566 LF 20” DIPS HDPE DR 17 Force Main by Directional Drilling 112.00 511,392.00 187.00 853,842.00 203.00926,898.00 267.00 1,219,122.00I-2 36 LF 24” SDR 26 PVC Gravity Main by Bore / No Encasement 425.00 15,300.00 860.00 30,960.00 556.00 20,016.00 650.00 23,400.00I-3 80 LF 24” SDR 26 PVC Gravity Main by Bore w/ 36” SteelEncasement510.00 40,800.00 863.00 69,040.00 634.00 50,720.00 800.00 64,000.00I-4 788 LF 30” DIPS HDPE DR 17 Force Main by Directional Drilling 212.00 167,056.00 226.00 178,088.00 360.00283,680.00 330.00 260,040.00I-5 2 EA Install 5’-0” Diameter Precast Concrete Manhole 8,300.00 16,600.0012,725.00 25,450.009,175.00 18,350.0035,000.00 70,000.00I-6 1 EA Install 5’-0” Diameter Precast Concrete Manhole on ExistingTRA Gravity Main5,800.00 5,800.00 16,927.00 16,927.00 10,667.00 10,667.00 39,000.00 39,000.00I-7 1 LS HDPE Fittings 27,000.00 27,000.00 42,999.00 42,999.00 648.00 648.00 10,000.00 10,000.00I-8 0.44 TN Ductile Iron Fittings7,600.00 3,344.0011,061.00 4,866.8434,324.00 15,102.566,000.00 2,640.00I-9 1 LS Directional Drilling Access Pits 205,000.00 205,000.00 255,740.00 255,740.00 82,548.00 82,548.00 150,000.00 150,000.00I-10 1 LS HDPE Pipe Handling for Line ‘A’ 350,000.00 350,000.00 11,604.00 11,604.00 160,052.00 160,052.00 24,000.00 24,000.00I-11 1 LS HDPE Pipe Handling for Line ‘B’ 125,000.00 125,000.00 8,126.00 8,126.00 82,106.00 82,106.00 5,000.00 5,000.00I-12 2 EA Line ‘A’ Thrust Restraint Blocks 1,000.00 2,000.00 8,007.00 16,014.00 3,612.00 7,224.00 2,500.00 5,000.00I-13 2 EA Line ‘B’ Thrust Restraint Blocks 1,000.00 2,000.00 8,007.00 16,014.00 3,950.00 7,900.00 2,500.00 5,000.00I-14 1 LS Hydrostatic Pipe Testing of Line ‘A’ 4,400.00 4,400.00 8,072.00 8,072.00 11,245.00 11,245.00 10,000.00 10,000.00I-15 1 LS Hydrostatic Pipe Testing of Line ‘B’ 2,000.00 2,000.00 9,737.00 9,737.00 5,220.00 5,220.00 5,000.00 5,000.00I-16 1 LS Storm Water Controls 5,800.00 5,800.00 14,535.00 14,535.00 23,260.00 23,260.00 3,500.00 3,500.00I-17 1 LS Implementation of Traffic Control Plan 4,400.00 4,400.00 7,156.00 7,156.00 21,475.00 21,475.00 25,000.00 25,000.00Calendar Days 210 250 120 270$ 1,487,892.00 $ 1,569,170.84 $ 1,727,111.56 $ 1,920,702.00No Bid AtkinsNo Bid SJ LouisNo Bid Bar Constructors
BID TABULATION: LIFT STATION IMPROVEMENTS FORCE MAIN PROJECT SS 99-01 LINE ‘A’ & ‘B’ ALTERNATIVE IIQuantity UnitDescriptionAtkins Brothers S J Louis Bar Constructors Barson UtilitiesUnit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total PriceII-1 3,592 LF 20” Ductile Iron Force Main by Open Cut 71.00 255,032.00 119.00 427,448.00 149.00 535,208.00 196.00 704,032.00II-2 214 LF 20” Ductile Iron Force Main by Bore/No Encasement 580.00 124,120.00 340.00 72,760.00 510.00 109,140.00 525.00 112,350.00II-3 802 LF 20” Ductile Iron Force Main by Bore w/36” SteelEncasement500.00 401,000.00 340.00 272,680.00 510.00 409,020.00 550.00 441,100.00II-4 36 LF 24” SDR 26 PVC Gravity Main by Bore/ No Encasement 200.00 7,200.00 350.00 12,600.00 490.00 17,640.00 556.00 20,016.00II-5 80 LF 24” SDR 26 PVC Gravity Main by Bore w/36” SteelEncasement400.00 32,000.00 350.00 28,000.00 490.00 39,200.00 662.00 52,960.00II-6 703 LF 30” Ductile Iron Force Main by Open Cut 95.00 66,785.00 156.00 109,668.00 160.00 112,480.00 168.00 118,104.00II-7 88 LF 30” Ductile Iron Force Main by Bore w/48” SteelEncasement585.00 51,480.00 503.00 44,264.00 580.00 51,040.00 645.00 56,760.00II-8 15.07 TN Ductile Iron Fittings4,000.00 60,280.004,800.00 72,336.006,400.00 96,448.008,217.00 123,830.19II-9 7 EA 4” Combination Sewage Air Vacuum / Air Release Valvew/Manhole4,500.00 31,500.00 6,850.00 47,950.00 5,100.00 35,700.00 23,280.00 162,960.00II-10 4 EA Bore Under Existing Tree / No Encasement 1,200.00 4,800.00 3,000.00 12,000.00 11,000.00 44,000.007,935.00 31,740.00II-11 1 LS Sod / Hydro Mulch17,000.00 17,000.0040,000.00 40,000.0014,000.00 14,000.0054,280.00 54,280.00II-12 1 LS Implementation of Traffic Control Plan 10,000.00 10,000.00 10,000.00 10,000.00 11,900.00 11,900.00 21,518.00 21,518.00II-13 1 LS Dev. & Install Storm Water Pollution Prevention Plans 5,000.00 5,000.005,000.00 5,000.0011,500.00 11,500.0032,535.00 32,535.00II-14 2 EA Install 5’-0” Diameter Precast Concrete Manhole 4,900.00 9,800.003,700.00 7,400.003,800.00 7,600.007,372.00 14,744.00II-15 1 EA Install 5’-0” Diameter Precast Concrete Manhole on ExistingTRA Gravity Main12,000.00 12,000.00 5,400.00 5,400.00 4,600.00 4,600.00 7,698.00 7,698.00II-16 1 LS Hydrostatic Pipe Testing of Line ‘A’ 4,000.00 4,000.00 7,000.00 7,000.00 5,500.00 5,500.00 9,945.00 9,945.00II-17 1 LS Hydrostatic Pipe Testing of Line ‘B’ 1,000.00 1,000.00 3,000.00 3,000.00 2,400.00 2,400.00 10,200.00 10,200.00Calendar Days 150 200 240 180$ 1,092,997.00 * $ 1,157,799.00$ 1,177,506.00 $ 1,507,376.00 $1,974,772.19* Error in Total / Incomplete bid (no bid affidavit attached)No Bid Hall-AlbertNo Bid MastecNo Bid Insituform
March 17, 2004
To: Ken Griffin, City Engineer
From: Jerod Anderson, Purchasing Agent
Re: Bid Q-1203-02 Force Main Line A&B
On February 10, 2004 the City of Coppell accepted bids for bid Q-1203-02 Force Main
Line A&B. Seven bids were received. However, Atkins Bros. failed to submit a bid
affidavit. Therefore, their bid is incomplete and is rejected.
The remaining six bids will be reviewed for award.
If you have any questions or concerns please contact me.
DEPT: City Manager
DATE: March 23, 2004
ITEM #: 14
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a grant to Coppell Independent School District in the amount of
$426,139.16 for nine Spanish teachers, and authorizing the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS: Funds for this grant are available from the 1/2 cent sales tax collected for the
Coppell Education Development Corporation.
Agenda Request Form - Revised 02/04 Document Name: !Grant
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 1
STATE OF TEXAS § COPPELL EDUCATION DEVELOPMENT CORPORATION
§
COUNTY OF DALLAS § GRANT AGREEMENT
This Educational Development Grant Agreement (“AGREEMENT”) is made by and
between the City of Coppell, Texas (“CITY”), Coppell Education Development Corporation
(“CEDC”) and the Coppell Independent School District (the “CISD”), acting by and through
their respective authorized officers.
W I T N E S S E T H :
WHEREAS, the CITY is authorized by TEX. LOC. GOV’T CODE § 379A to provide
educational development grants to publicly funded institutions through the CEDC for the
promotion of literacy, foreign language and career technology for a skilled workforce; and
WHEREAS, the CITY seeks to support programs for promoting literacy, foreign
language and career technology for a skilled workforce; and
WHEREAS, the CISD has submitted a grant application No. 2004-S01 to provide
funding for nine (9) certified Spanish teachers (the PROJECT), to provide daily instruction to
2,568 students in grades nine to twelve who have elected to study the Spanish language and
culture in order to satisfy a State graduation requirement; and
WHEREAS, the CISD has developed the PROJECT using certified Spanish teachers
who specialize in such field; and
WHEREAS, CISD is in need of funding the salaries of nine (9) Spanish teachers, and
seeks the assistance of the CEDC for such assistance; and
WHEREAS, the CITY has determined that making an education development grant to
the CISD in accordance with this AGREEMENT will further the objectives of the CITY, will
benefit the CITY and the CITY’s inhabitants and will promote foreign language in the CITY.
NOW THEREFORE, in consideration of the foregoing, and other valuable
consideration the receipt and sufficiency of which are hereby acknowledged on the terms and
conditions hereinafter set forth, the parties agree as follows:
GENERAL PROVISIONS
1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to
provide the CISD an education development grant (the “GRANT”) in an amount not to exceed
Four Hundred Twenty-six Thousand One Hundred Thirty-nine Dollars and Sixteen Cents
($426,139.16).
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 2
2.CISD agrees to utilize the GRANT to fund nine (9) Spanish teachers at Coppell High
School.
3.CITY agrees to provide the GRANT of Four Hundred Twenty-six Thousand One
Hundred Thirty-nine Dollars and Sixteen Cents ($426,139.16), funds payable on a quarterly
basis with the first payment to be made on or before May 1, 2004. Funds to be expended in
accordance with the budget categories set forth in the GRANT application.
4. On a quarterly basis beginning no later than November 1, 2004 the CISD shall submit
personnel costs for this GRANT to the CEDC. The detailed expenditures shall include, but not
limited to, salaries, number of students served, grade levels actually served, copies of contracts,
and any changes in personnel during the period covered by this GRANT.
5. In the event the CISD breaches any of the terms of this AGREEMENT or fails to use
the GRANT for the purposes set forth herein, then the CISD, after expiration of the notice and
cure period described herein, shall be in default of this AGREEMENT. As liquidated damages
in the event of such default, the CISD shall, within thirty (30) days after demand, repay to the
CITY, the GRANT with interest at the rate of eight percent (8%) per annum from the date of
receipt of the GRANT until paid. The parties acknowledge that actual damages in the event of
default would be speculative and difficult to determine. Upon breach by CISD of any
obligations under this AGREEMENT, the CITY shall notify the CISD in writing, who shall
have thirty (30) days from receipt of the notice in which to cure such default. If CISD fails to
cure the default within the time provided herein, or, as such time period may be extended, then
the CITY at its sole option, shall have the right to terminate this AGREEMENT without further
notice to the CISD.
6. The terms and conditions of this AGREEMENT are binding upon the successors and
assigns of all parties hereto. This AGREEMENT may not be assigned without the express
written consent of CITY and CEDC.
7. It is understood and agreed between the parties that CISD, in the use of the GRANT and
in satisfying the conditions of this AGREEMENT, is acting independently, and that the CITY
and/or the CEDC assumes no responsibilities or liabilities to third parties in connection with
these actions. CISD agrees to indemnify and hold harmless the CITY and the CEDC from all
such claims, suits, and causes of action, liabilities and expenses, including reasonable attorney’s
fees, of any nature whatsoever arising out of the CISD’S performance of the conditions under
this AGREEMENT.
8. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage pre-paid, certified mail, return receipt requested,
addressed to the party at the address set forth opposite the signature of the party.
9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for
any action concerning this AGREEMENT shall be in the State District Court of Dallas County,
Texas.
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 3
10. In the event any one or more of the provisions contained in this AGREEMENT shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not effect the other provisions, and the AGREEMENT shall
be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
EXECUTED this _______ day of _____________________, 2004.
CITY OF COPPELL, TEXAS
By: ______________________________________
JIM WITT, CITY MANAGER
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
EXECUTED this _______ day of _____________________, 2004.
COPPELL EDUCATION DEVELOPMENT CORPORATION
By: ______________________________________
Betty Carter, President
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 4
EXECUTED this ______ day of ________________, 2004.
COPPELL INDEPENDENT SCHOOL DISTRICT
By: ______________________________________
DR. JEFF TURNER, SUPERINTENDENT
Coppell Independent School District
200 S. Denton Road
Coppell, Texas 75019
ATTEST:
By: ______________________________________
CITY’S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of _______________,
2004, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of
said municipality.
___________________________________
Notary Public, State of Texas
My Commission Expires:
_________________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 5
COPPELL EDUCATION DEVELOPMENT CORPORATION
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2004, by Betty Carter, President, Coppell Education Development Corporation, on behalf of said
Corporation.
Notary Public, State of Texas
My Commission expires:
________________________
COPPELL INDEPENDENT SCHOOL DISTRICT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2004, by Dr. Jeff Turner, Superintendent of Coppell Independent School District, on behalf of
said District.
Notary Public, State of Texas
My Commission expires:
________________________
DEPT: City Manager
DATE: March 23, 2004
ITEM #: 15
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a resolution opposing any school finance or tax system reforms that
would negatively affect City revenues and economic development efforts, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY: The TML suggested resolution was used as a base document, but edited to provide
more of a local response and perspective. We feel that it represents the potential impact some of the suggestions
being discussed in Austin could have on our community.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 02/04 Document Name: !SchoolFinance
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, OPPOSING ANY
SCHOOL FINANCE OR TAX SYSTEM REFORMS THAT WOULD
NEGATIVELY AFFECT CITY REVENUES AND ECONOMIC
DEVELOPMENT EFFORTS.
WHEREAS, it is likely that the Texas Legislature will address school finance and tax
system reforms in the near future; and
WHEREAS, during these deliberations by the Texas Legislature, proposals to limit the
ability of cities to collect property taxes and sales taxes are likely to be offered by some members of
the Legislature; and
WHEREAS, additional restrictions on city taxes fly in the face of a history of frugal tax
administration by Texas cities; and
WHEREAS, the city of Coppell’s property tax represents only 22.6% of the total property
tax burden in our community; and
WHEREAS, adjusted for inflation, municipal property taxes in the state of Texas went up
by only 37% between 1985 and 2002, while population grew by 33%, demonstrating that growth in
municipal property tax levies roughly matched population growth; and
WHEREAS, Texas cities rely on tax revenue to build infrastructure, to ensure public safety
through police and fire departments, and to provide numerous essential services for city residents,
who are 80% of the State’s population; and
WHEREAS, Texas cities engage in numerous economic development activities that
produce jobs and revenue for the entire state of Texas; and
WHEREAS, Texas cities are the main provider of infrastructure and services that support
the economic growth of the State; and
WHEREAS, cities must meet the challenges of homeland security and compliance with
State and Federal mandates, many of which are unfunded mandates; and
WHEREAS, efforts to limit the ability of cities to collect sales and property tax revenues or
to set tax rates would have severe negative impacts on City services, City employees, economic
development efforts, and ultimately the citizens of the state of Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
That the governing body of the city of Coppell, Texas will oppose all school finance or tax reform
efforts by the Texas Legislature that negatively impact the ability of the City to provide basic
essential services, conduct economic development activities, and ensure public safety by limiting
our ability, beyond the provisions of current law, to collect property tax or sales tax revenues.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
March 2004.
APPROVED:
_________________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
DATE: March 23, 2004
ITEM #: 16
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork
DATE: March 23, 2004
ITEM #: 17
AGENDA REQUEST FORM
MAYOR AND COUNCIL REPORTS
A. Repor t by Mayor Stover regarding Early Voting for the School Board Election in May.
B. Repor t by Councilmember Suhy regarding the Coppell High School Band trip to
Ireland.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
DATE: March 23, 2004
ITEM #: 18
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: March 23, 2004
ITEM #: 19
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec
CERTIFICATE OF AGENDA ITEM SUBMISSION
Council Meeting Date: March 23, 2004
Department Submissions:
Item No. 7 was placed on the Agenda for the above-referenced City Council
meeting by the Parks & Recreation Department. I have reviewed the
Agenda Requests (and any backup if applicable) and hereby submit these
items to the City Council for consideration.
____________________
Parks & Recreation Department
Item Nos. 10/C, 10/D and 13 were placed on the Agenda for the above-
referenced City Council meeting by the Engineering Department. I have
reviewed the Agenda Requests (and any backup if applicable) and hereby
submit these items to the City Council for consideration.
____________________
Engineering Department
Financial Review:
I certify that I have reviewed all the items submitted for consideration on
the Agenda for the above-refenced City Council Meeting and have inserted
any financial comments where appropriate.
____________________
Finance Department
City Manager Review:
I certify that I have reviewed the complete Agenda and Packet for the
above-referenced City Council Meeting and hereby submit the same to the
City Council for consideration.
____________________
City Manager