CP 2004-04-27
NOTICE OF CITY COUNCIL MEETING AND AGENDA
APRIL 27, 2004
DOUG STOVER, JAYNE PETERS, Place 2
Mayor Mayor Pro Tem
TIM BRANCHEAU, Place 1 BILLY FAUGHT, Place 5
DIANA RAINES, Place 3 THOM SUHY, Place 6
MARSHA TUNNELL, Place 4 BILL YORK, Place 7
JIM WITT, City Manager
MEETING TIME AND PLACE:
Call to Order 6:30 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, April 27, 2004, at 6:30 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. Sale of proper ty west of Coppell Road and south of Bethel
Road.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Invocation.
5. Pledge of Allegiance.
6. Consider approval of a proclamation naming April 30, 2004 as ARBOR DAY
and authorizing the Mayor to sign.
7. Consider approval of a proclamation naming the week of May 2-8, 2004 as
Municipal Clerks' Week, and authorizing the Mayor to sign.
8. Citizens' Appearances.
CONSENT AGENDA
9. Consider approval of the following consent agenda items:
A. Consider approval of minutes: April 13, 2004.
B. Consider accepting resignation of James Cheng from the Coppell
Economic Development Committee.
C. Consider accepting resignation of Charles Petty from the Librar y
Board.
D. Consider approval of awarding Bid # Q-0304-02 for the annual HVAC
Maintenance Contract to Siemens Building Technologies in the
amount of $84,600 as budgeted for a one year period beginning
May 1, 2004, with renewal options for an additional four years; and
authorizing the City Manager to sign.
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ITEM # ITEM DESCRIPTION
E. Consider approval of granting a utility easement to Oncor Electric to
provide electrical ser vice to the Wagon Wheel Park Practice Fields,
and authorizing the City Manager to sign.
END OF CONSENT
10. Consider approval of an Ordinance authorizing the issuance of City of
Coppell, Texas, General Obligation Bonds, Series 2004 in the amount of
$13,685,000, approving an Official Statement, authorizing the execution of
a purchase agreement, and making provisions for the security thereof, and
ordaining other matters relating to the subject and authorizing the Mayor to
sign.
11. Consider an appointment to fill the unexpired Regular ter m on the Coppell
Economic Development Committee, term to expire October, 2005.
12. Consider an appointment to fill the unexpired Regular term on the Library
Board, term to expire October, 2004.
13. Consider an appointment to fill the unexpired Regular term on the Keep
Coppell Beautiful Committee, ter m to expire October, 2004.
14. Necessary action resulting from Work Session.
15. City Manager's Repor t.
A. 50th Anniversary Celebration.
16. Mayor and Council Repor ts.
A. Update by Mayor Stover regarding Citizen Summit.
B. Update from Mayor Stover regarding Council Retreat.
C. Update from Mayor Stover regarding Relay for Life.
D. Repor t by Mayor Stover regarding Arbor Day Celebration.
E. Repor t by Mayor Stover regarding Faith and Family Fun Run.
F. Repor t by Mayor Stover regarding Prayer Breakfast.
G. Update from Mayor Stover regarding Special Legislative Session.
H. Repor t by Councilmember Suhy regarding Coppell Youth Leadership.
I. Repor t by Mayor Pro Tem Peters regarding Leadership Coppell.
17. Council Committee Repor ts.
A. Carrollton/Farmers Branch ISD/Lewisville ISD - Councilmember
Suhy.
B. Coppell ISD - Councilmembers Raines and York.
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ITEM # ITEM DESCRIPTION
C. Coppell Seniors - Councilmember York.
D. Dallas Regional Mobility Coalition - Mayor Pro Tem Peters.
E. Economic Development Committee - Mayor Pro Tem Peters and
Councilmember Brancheau.
F. Metrocrest Hospital Authority - Councilmember Tunnell.
G. Metrocrest Social Service Center - Councilmember Brancheau.
H. Nor th Texas Council of Governments - Councilmember Tunnell.
I. Nor th Texas Commission - Councilmember Tunnell.
J. Senior Adult Services - Councilmember Suhy.
K. Town Center/Architectural Committee - Councilmember Faught.
L. Trinity River Common Vision Commission - Councilmember Faught.
M. Trinity Trail Advisor y Commission - Councilmember Raines.
18. Necessary Action Resulting from Executive Session.
Adjournment.
____________________________________
Douglas N. Stover, Mayor
CERTIFICATE
I cer tify that the above Notice of Meeting was posted on the bulletin board at the
City Hall of the City of Coppell, Texas on this _________ day of _________________,
2004, at __________________.
____________________________________
Libby Ball, City Secretar y
DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE
ON THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC
DOCUMENTS, COUNCIL PACKETS.
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PUBLIC NOTICES
STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public
programs, services and/or meetings, the City requests that individuals make requests for
these services forty-eight (48) hours ahead of the scheduled program, service and/or
meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other
designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989).
IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724
Carrying of a concealed handgun on these premises or at any official political meeting in
the City of Coppell is illegal.
Es ilegal llevar consigo un arma de fuego oculta, adentro de este edificio, o en cualquier
junta oficial de politica en la ciudad de Coppell.
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KEY TO COUNCIL GOALS ICONS
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: April 27, 2004
ITEM #: ES-2
AGENDA REQUEST FORM
EXECUTIVE SESSION
A. Section 551.072, Texas Government Code - Deliberation regarding Real Property.
1. Discussion regarding sale of city property west of Coppell Road and south of Bethel
Road.
Agenda Request Form - Revised 02/04 Document Name: %executivesession
DATE: April 27, 2004
ITEM #: WS-3
AGENDA REQUEST FORM
WORK SESSION
A. Discussion of Agenda Items.
Agenda Request Form - Revised 02/04 Document Name: %worksession
DEPT: Parks and Recreation Department
DATE: April 27, 2004
ITEM #: 6
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a proclamation naming April 30, 2004 as ARBOR DAY and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Arbor Day Celebration is April 30, 2004 at 2pm at the Coppell Aquatics and Recreation Center.
Texas Forest Service will present the Tree City USA certificate, Arbor Day Poster Contest Winners will be
honored and recognized, ending with a tree planting.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 02/04 Document Name: ^Arbor Proclamation-1AR
PROCLAMATION
WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of
Agriculture that a special day be set aside for the planting of trees; and
WHEREAS, this holiday, called Arbor Day, was first observed with the planting
of more that a million trees in Nebraska; and
WHEREAS, 2004 is the 132st anniversary of the holiday and Arbor Day is now
observed throughout the nation and the world; and
WHEREAS, trees can reduce the erosion of our precious top soil by wind and
water, cut heating and cooling costs, moderate the temperature, clean the air, produce
life-giving oxygen, and provide habitat for wildlife; and
WHEREAS, trees are a renewable resource giving us paper, wood for our homes,
fuel for our fires, and beautify our community; and
WHEREAS, trees, wherever they are planted, are a source of joy and spiritual
renewal.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do
hereby proclaim April 30, 2004 as
"ARBOR DAY"
in the City of Coppell, and I urge all citizens to celebrate Arbor Day and to support
efforts to protect our trees and woodlands, and further I urge all citizens to plant trees to
gladden the heart and promote the well being of the future generations.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of
Coppell to be affixed this ______day of April 2004.
________________________
Douglas N. Stover, Mayor
ATTEST:
____________________________
Libby Ball, City Secretary
DEPT: City Manager
DATE: April 27, 2004
ITEM #: 7
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a proclamation naming the week of May 2-8, 2004 as Municipal Clerks
Week, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 02/04 Document Name: !Clerks
PROCLAMATION
WHEREAS, The office of the Municipal Clerk, a time honored and vital part of local
government, exists throughout the world; and
WHEREAS, The office of the Municipal Clerk is the oldest office among public servants; and
WHEREAS, The office of the Municipal Clerk provides the professional link between the
citizens, the local governing bodies and agencies of government at other levels; and
WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and
impartiality, rendering equal service to all; and
WHEREAS, The Municipal Clerk serves as the information center on functions of local
government and community; and
WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of
the office of the Municipal Clerk through participation in education programs, seminars, workshops
and the annual meetings of their state, county and international professional organizations; and
WHEREAS, It is most appropriate that we recognize the accomplishment of the office of the
Municipal Clerk.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, do recognize the
week of May 2-8, 2004, as
"MUNICIPAL CLERKS' WEEK"
and further extend appreciation to our Municipal Clerk, Libby Ball, and Deputy Municipal Clerk,
Kathy Wilkerson, and to all Municipal Clerks for the vital services they perform and their exemplary
dedication to the communities they represent.
DATED this __________ day of April 2004.
__________________________________
Douglas N. Stover, Mayor
ATTEST:
_________________________________
Libby Ball, City Secretary
DATE: April 27, 2004
ITEM #: 8
AGENDA REQUEST FORM
CITIZENS' APPEARANCES
ORDINANCE NO. 2001-964
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND
PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE
FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR
CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting City
Council Meetings," be, and the same is hereby, amended to read as follows:
"ARTICLE 1-10
RULES, TIMES AND PROCEDURES FOR CONDUCTING
CITY COUNCIL MEETINGS
". . .
1-10-6.2.1 CITIZENS APPEARANCE
Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign
a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers,
and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting.
Each speaker must state his or her name and address of residence. Presentations by individuals during the
"Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for
an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a
cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who
signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the
provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor,
individual, group or corporation (Charter Article 3, Section 3.12).
Agenda Request Form - Revised 09/02 Document Name: %citapp.doc
DEPT: City Secretary
DATE: April 27, 2004
ITEM #: 9/A
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of minutes: April 13, 2004.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 02/04 Document Name: %minutes
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MINUTES OF APRIL 13, 2004
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, April 13, 2004, at 5:30 p.m. in the City Council Chambers of Town
Center, 255 Parkway Boulevard, Coppell, Texas. The following members were
present:
Doug Stover, Mayor
Jayne Peters, Mayor Pro Tem
Tim Brancheau, Councilmember
Diana Raines, Councilmember
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Thom Suhy, Councilmember
Bill York, Councilmember
Also present were City Manager Jim Witt, City Secretary Libby Ball and City
Attorney Robert Hager.
REGULAR SESSION (Open to the Public)
1. Call to order.
Mayor Stover called the meeting to order, determined that a quorum was
present and convened into 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.
3. Discussion regarding the sale of park property
adjacent to Andy Brown East trail.
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 6:01
p.m. and opened the Work Session.
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WORK SESSION (Open to the Public)
3. Convene Work Session
A. Update regarding Streamline Sales Tax.
B. Update regarding State Highway 121.
C. Discussion regarding appointments to the Economic
Development Foundation.
D. Discussion regarding On-premise Vehicular Signs.
E. Discussion of Agenda Items.
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. Consider approval of a proclamation honoring Coppell High
School Vivace Choir’s performance in Paris, France for benefit
of Afghan School, and authorizing the Mayor to sign.
Presentation:
Mayor Stover read the Proclamation for the record and presented the
same to Director Jolene Webster and the choir members present.
Action:
Councilmember Tunnell moved to approve a Proclamation honoring
Coppell High School Vivace Choir's performance in Paris, France for
benefit of Afghan School, and authorizing the Mayor to sign. Mayor Pro
Tem Peters seconded the motion, the motion carried 7-0 with Mayor Pro
Tem Peters and Councilmembers Brancheau, Raines, Tunnell, Faught,
Suhy and York voting in favor of the motion.
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7. Consider approval of a proclamation proclaiming the week of
April 11 through April 17, 2004 “National Telecommunicator’s
Week,” and authorizing the Mayor to sign.
Presentation:
Mayor Stover read the Proclamation for the record and presented the
same to Randal Burkett and Jonathan Hanes, Senior Public Safety
Dispatchers.
Action:
Councilmember Raines moved to approve a Proclamation proclaiming the
week of April 11 through April 17, 2004 "National Telecommunicator's
Week," and authorizing the Mayor to sign. Councilmember Suhy
seconded the motion, the motion carried 7-0 with Mayor Pro Tem Peters
and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and
York voting in favor of the motion.
8. Citizen's Appearances.
There was no one signed up to speak on this item.
CONSENT AGENDA
9. Consider approval of the following consent agenda items:
A. Consider approval of minutes: March 23, 2004.
B. Consider approval of a resolution authorizing City of
Coppell to register for the U.S. Communities Cooperative
Purchasing Program, and authorizing the Mayor to sign.
Land Use and Development
C. Consider approval of an Ordinance for Case No. S-1213,
Roly Poly Sandwiches, zoning change 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, and authorizing the
Mayor to sign.
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Action:
Councilmember Suhy moved to approve Consent Agenda Items A, B, and
C carrying Ordinance No. 91500-A-372. Councilmember Brancheau
seconded the motion, the motion carried 7-0 with Mayor Pro Tem Peters
and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and
York voting in favor of the motion.
10. PUBLIC HEARING (Continued):
Consider approval of Case No. PD-199-HC, Vista Point II,
MacArthur Ridge, zoning change from HC (Highway
Commercial) to PD-199-HC (Planned Development-199-Highway
Commercial) with a Concept Plan to allow the development six
office/assembly/warehouse buildings, totaling approximately
200,000-square feet, and five retail/restaurant pad sites on
approximately 26 acres of property located at the southwest
corner of S.H. 121 and MacArthur Blvd.
Presentation:
Gary Sieb, Director of Planning, made a Presentation to Council.
Bennett Ratliff made a presentation on behalf of the Applicant.
Public Hearing:
Mayor Stover opened the Public Hearing and asked for those persons
wishing to speak regarding this proposal.
Richard Scott, 708 Bent Tree; and Dan Anderson, 2728 N. Harwood
spoke in favor of the proposal. Ann Dragon, 727 Bent Tree Court; Greg
McGahey, 788 Crestview Court; and Mitch Kramer, 621 Cambridge
Manor Lane, spoke against the proposal. Charley Brown, 735
Northshore Court voiced his concerns.
EXECUTIVE SESSION (Closed to the Public)
Convene Executive Session
Section 551.071, Texas Government Code – Consultation
with City Attorney.
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Mayor Stover convened into Executive Session at 8:40 p.m. as allowed
under the above-stated article. Mayor Stover adjourned the Executive
Session at 8:48 p.m. and reopened the Regular Session.
REGULAR SESSION (Open to the Public)
Action:
Councilmember Suhy moved to close the Public Hearing and approve
Case No. PD-199-HC, Vista Point II, MacArthur Ridge, zoning change
from HC (Highway Commercial) to PD-199-HC (Planned Development-
199-Highway Commercial) with a Concept Plan to allow the development
six office/assembly/warehouse buildings, totaling approximately
200,000-square feet, and five retail/restaurant pad sites on
approximately 26 acres of property located at the southwest corner of
S.H. 121 and MacArthur Blvd. subject to the following conditions:
1) The warehouse distribution shall not exceed 30% of total of
aggregate square footage and any particular warehouse
distribution shall not exceed 50% of any single building;
2) Limit to one dock door per 8,000 square feet of total
aggregate square footage, maximum of 10 dock doors on any
single building;
3) The installation of the headache bars at both of the exits on
Forest Hill, as provided in the presentation;
4) The one large sign, 40 square foot, located on the corner of
the building, to be allocated equally to both sides;
5) 52 trees of 3-inch caliper or better, with species selected by
the Parks Department, planted either on the levy and/or on
the property as to be determined by the City in conjunction
with the developer; maintenance agreement to be determined
between the City and the developer. The irrigation system
will be installed by the PD applicant;
6) The elimination of the ten-foot (10’) landscape setbacks,
required per Ordinance 12-34-8(c) between interior property
lines on Tracts 1, 2, 3, 4, 5, 6 and 7. The Planned
Development will continue to meet all other perimeter
landscape buffer requirements along street frontages and
along the residential adjacency;
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7) Tree Retribution for the site will be applied towards the
acreage of the Planned Development and not on an
individual Tract-by-Tract basis. Tree Retribution for all
protected trees that are removed will be mitigated by new
tree plantings of either – increased caliper inches or
individual trees in lieu of the 50% tree planting and 50%
monetary payment;
8) Landscaping requirements will be calculated on the overall
acreage of the Planned Development as opposed to a Tract-
by-Tract basis;
9) The screen wall required along the southern property line
with the residential adjacency shall be increased from six
feet (6’) to eight feet (8’) in height;
10) A reduction in the 80% masonry exterior requirements
(Article 22, Section 12-22-0 of the current Highway
Commercial Zoning District) for Tract 1 and Tract 2 only.
Masonry will be defined as brick or stone of earth tone
colors. The revised masonry percentages on Tract 1 and 2
will be as follows:
a) 35-40% Masonry on Front elevations;
b) 25-30% Masonry on the Side elevations; and
c) 0% Masonry on the Rear elevations;
11) Awnings may be constructed of canvas, metal or other city-
approved material, so long as materials are primed, painted
and or otherwise conditioned to minimize future
maintenance and prevent rusting;
12) The elimination of the ten-foot (10’) side-yard and rear-yard
building and landscape setbacks between the interior
property lines for Tracts 1, 2, 3, 4, 5, 6, and 7. The Planned
Development will continue to meet all other perimeter
landscape buffer requirements along street frontages and
along the Residential Adjacency;
13) Will comply with the use regulations set forth in Article 22,
Section 12-22-1 of the current Highway Commercial Zoning
District; however, in entails approval of the following uses
which are either not currently defined as of the date of the
submittal or permitted only per Special Use Permit (SUP):
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Tracts 1 and 2 (only):
a) Limited Assembly and Manufacturing use, and
Warehouse/ Distribution use shall be permitted
uses as defined herein.
b) Warehouse/Distribution use shall be defined as,
“A use devoted to storage, warehousing and
distribution of goods, merchandise, supplies and
equipment. Accessory uses not considered to be
part of the storage and warehouse area may
include retail and wholesale sales area, office,
sales offices, research and development, and
display areas for products sold and distributed
from the storage and warehousing areas.”
Parking for all herein-defined accessory uses
shall be provided on a gross square-foot basis in
accordance with Section 12-13-6 of the Coppell
Zoning Ordinance, a copy of which is attached
as Exhibit “B”.
c) The “storage and warehousing areas” of the
Warehouse/ Distribution use shall not exceed
thirty percent (30%) of the total aggregate square
footage of building area for each respective
Tract. In addition, no more than fifty (50%) of
any one (1) building shall be used for “storage
and warehousing”.
d) Limited Assembly and Manufacturing use shall
be defined as, “The assembly, repair,
disassembly and manufacturing of finished
products or parts from previously prepared
materials and parts. Fabrication may be used in
limited form to shape or define the final product,
but shall not comprise the primary activity of
such operations. Basic industrial processing
which transforms raw materials into a new
substance, compound, or product is not
permitted. Excluded uses include, but are not
limited to, meat packing, chemical and
petroleum processing and manufacturing, and
foundries.”
e) Service doors for the respective buildings may be
either drive-in (grade level), double personal
doors, or dock high. The dock high service
doors shall not exceed a ratio of one (1) dock
high service door for every eight thousand
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(8,000) square feet of the total aggregate building
square footage of each respective Tract. In
addition, no one (1) building shall have more
than ten (10) dock high service doors.
Tract 4 (only): Permitted uses this is referring to.
a) Automobile Repair Garage (no overnight outside
storage of vehicles)
b) Gasoline Service Station
c) Grocery and Convenience Store
Tract 3, 5, 6, and 7 (only):
a) Restaurant Use which shall not exceed an
aggregate total of 19,600 square feet. I think
that was discussed earlier.
All other uses defined in Article 22, Section 12-22-1, of the
current Highway Commercial Zoning District shall be
considered allowable uses. Any use that would require an
SUP would need to come through the SUP process with the
City.
14) Signage regulations for this proposed Planned Development
will be governed by Applicant's Exhibit "D" and "E" (which is
attached to and made a part of these minutes); except as
follows:
a) The side yard signage setback shall be reduced
by five feet (5’) from seventy-five feet (75’) to
seventy feet (70’) such that Tract 3 shall be
entitled to a monument sign along S.H. 121.
b) Tract 4 will be allowed two (2) monument signs
each of which will display the name of both the
convenience store and the automotive service
center. The square footage of each above
referenced sign shall not exceed (60) square feet.
15) The color board shown to Council is a condition for all
buildings constructed on the site. The site plan will be done
as revised and the building elevations would be as
submitted;
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Page 9 of 20
16) There be a deceleration lane between Tracts 4 and 5, off of
MacArthur Boulevard, as requested by the City Engineer.
Councilmember York seconded the motion, the motion carried 6-1
with Mayor Pro Tem Peters and Councilmembers Brancheau,
Raines, Faught, Suhy and York voting in favor of the motion and
Councilmember Tunnell voting against the motion.
There was a short recess held at this time.
11. PUBLIC HEARING (Continued):
Consider approval of Case No. S-1211, Service Star, zoning
change from PD-199-HC (Planned Development-199-Highway
Commercial) to PD-199-HC-S-1211 (Planned Development-199-
Highway Commercial-Special Use Permit-1211), to allow the
development of Auto Repair Garage, Car Wash, Convenience
Store and Gasoline Service Station on approximately 2 acres of
property located at the southwest corner of S.H. 121 and
MacArthur Blvd.
Presentation:
Gary Sieb, Director of Planning, made a Presentation to Council.
Bennett Ratliff made a presentation on behalf of the Applicant.
Public Hearing:
Mayor Stover opened the Public Hearing and asked for those persons
wishing to speak regarding this proposal.
Ann Dragon, 727 Bent Tree Court, spoke against this proposal. Steve
Pappa, 5670 Greenwood Plaza Boulevard, Greenwood Village, CO,
representing Silver Star, spoke in favor of this proposal.
Action:
Councilmember York moved to close the Public Hearing and approve
Case No. S-1211, Service Star, zoning change from PD-199-HC (Planned
Development-199-Highway Commercial) to PD-199-HC-S-1211 (Planned
Development-199-Highway Commercial-Special Use Permit-1211), to
allow the development of Auto Repair Garage, Car Wash, Convenience
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Store and Gasoline Service Station on approximately 2 acres of property
located at the southwest corner of S.H. 121 and MacArthur Blvd.,
subject to the following conditions:
1) There be a deceleration lane between Tracts 4 and 5, off of
MacArthur Boulevard, as requested by the City Engineer.
2) Final approval from the Fire Marshal on the fire lane; and
3) Hours of operation will be as follows:
a) Great American - 7:00 a.m. to 7:00 p.m. Monday
thru Friday and 7:00 a.m. to 5:00 p.m.
Saturday; and
b) Shell Station convenience store is open 27/7.
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.
12. PUBLIC HEARING:
Consider approval of Case No. S-1098R2, Kroger, zoning
change request from C-S-1098R (Commercial-Special Use
Permit 1098 Revised) to C-S-1098R2 (Commercial, Special Use
Permit-1098 Revision 2), to allow a drive-through pharmacy
with canopy along the west side of the existing grocery store
located at the northwest corner of Sandy Lake and MacArthur.
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.
Action:
Mayor Pro Tem Peters moved to close the Public Hearing and approve
Case No. S-1098R2, Kroger, zoning change request from C-S-1098R
(Commercial-Special Use Permit 1098 Revised) to C-S-1098R2
(Commercial, Special Use Permit-1098 Revision 2), to allow a drive-
through pharmacy with canopy along the west side of the existing
CM041304
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grocery store located at the northwest corner of Sandy Lake and
MacArthur subject to the following conditions:
1) The site shall be developed in accordance with the revised
site plan, elevations and canopy details;
2) The hours of operation for this pharmacy shall not exceed:
9 a.m. to 9 p.m. – Monday through Friday,
9 a.m. to 7 p.m. – Saturday, and
10 a.m. to 4 p.m. on Sunday
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.
13. PUBLIC HEARING:
Consider approval of Case No. S-1194R3, Firehouse Wings,
zoning change request from PD-178R-S-1194R2 (Planned
Development-178R-Special Use Permit-1194 Revision 2) to PD-
178R-S-1194R3 (Planned Development-178R-Special Use
Permit-1194 Revision 3), to allow an approximate 1,405
square-foot restaurant, with private club, to be located in Suite
600 of the Town Center West Retail Center at 171 N. Denton
Tap Road.
Presentation:
Gary Sieb, Director of Planning, made a Presentation to Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember York moved to close the Public Hearing and approve
Case No. S-1194R3, Firehouse Wings, zoning change request from PD-
178R-S-1194R2 (Planned Development-178R-Special Use Permit-1194
Revision 2) to PD-178R-S-1194R3 (Planned Development-178R-Special
Use Permit-1194 Revision 3), to allow an approximate 1,405 square-foot
restaurant, with private club to be located in Suite 600 of the Town
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Center West Retail Center at 171 N. Denton Tap Road subject to the
following conditions:
1) The hours of operation shall not exceed 7 a.m. to 12
midnight, seven days a week;
2) The development of this property shall be in accordance with
the attached site plan, elevations, floor plan and sign plans.
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.
14. Consider approval of the Town Center Addition, Lot 3, Block 3,
First American Bank Site Plan Amendment, to allow two
additional attached signs on the existing 4,995 square-foot
bank building on 1.13 acres of property located at 252 Denton
Tap Road.
Presentation:
Gary Sieb, Director of Planning, made a Presentation to Council.
Action:
Councilmember Brancheau moved to approve the Town Center Addition,
Lot 3, Block 3, First American Bank Site Plan Amendment, to allow two
additional attached signs on the existing 4,995 square-foot bank building
on 1.13 acres of property located at 252 Denton Tap Road.
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.
15. PUBLIC HEARING:
Consider approval of a text amendment to Chapter 12, Zoning,
of the Code of Ordinances, Section 12-42-1, to add two new
definitions regarding Warehouse/Distribution and Limited
Assembly and Manufacturing uses.
Presentation:
Gary Sieb, Director of Planning, made a Presentation to Council.
CM041304
Page 13 of 20
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 a
text amendment to Chapter 12, Zoning, of the Code of Ordinances,
Section 12-42-1, to add two new definitions regarding Warehouse/
Distribution and Limited Assembly and Manufacturing uses.
Councilmember York seconded the motion, the motion carried 7-0 with
Mayor Pro Tem Peters and Councilmembers Brancheau, Raines, Tunnell,
Faught, Suhy and York voting in favor of the motion.
16. PUBLIC HEARING:
Consider approval of a text amendment to Chapter 12, Zoning,
of the Code of Ordinances, Sections 12-22-1 and 12-30-9, to
revise the uses permitted in Highway Commercial districts.
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 a
text amendment to Chapter 12, Zoning, of the Code of Ordinances,
Sections 12-22-1 and 12-30-9, to revise the uses permitted in Highway
Commercial districts. 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.
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17. PUBLIC HEARING:
Consider approval of text amendments to Chapter 12, Zoning,
of the Code of Ordinances, Sections 12-29-4.2(A) and 4.3(A)i,
regarding Sign Regulations for Business districts.
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:
Mayor Pro Tem Peters moved to continue the Public Hearing and
postpone Chapter 12, Zoning, of the Code of Ordinances, Sections 12-29-
4.2(A) until the June 8, 2004 City Council Meeting and approve Chapter
12, Zoning, of the Code of Ordinances Sections 4.3(A)i, regarding Sign
Regulations for Business districts. 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.
18. Necessary action resulting from Work Session.
There was no action necessary under this item.
19. City Manager's Report.
A. Update regarding Council Goals.
B. Metroplex Local Government positions on School
Finance.
The City Manager passed on his report.
20. Mayor and Council Reports.
A. Report by Councilmember Brancheau regarding Coppell
High School Boy's Soccer State Tournament in
Georgetown.
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B. Report by Councilmember Tunnell regarding Clean
Coppell Earthfest.
A. Councilmember Brancheau congratulated the Coppell High School
Boy’s Soccer team on their winning State at the State Tournament
in Georgetown.
B. Councilmember Tunnell announced that this year’s Clean Coppell
Earthfest was the biggest year ever for this event.
21. Necessary Action Resulting from Executive Session.
Action:
Councilmember Tunnell moved to reject Bid 1103-01 for the property
located at Bethel and Freeport Roads. Councilmember York seconded
the motion, the motion carried 7-0 with Mayor Pro Tem Peters and
Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and York
voting in favor of the motion.
Action:
Councilmember Tunnell moved to authorize the City Manager on behalf
of the City of Coppell to execute a Memorandum of Intent with Coppell
Economic Development Foundation Historic Coppell Properties, Inc. for
an office building development on approximately 2.5 acres of land located
South of Bethel Road and East of Coppell Road. Councilmember York
seconded the motion, the motion carried 7-0 with Mayor Pro Tem Peters
and Councilmembers Brancheau, Raines, Tunnell, Faught, Suhy and
York voting in favor of the motion.
There being no further business to come before the City Council, the meeting
was adjourned.
___________________________
Douglas N. Stover, Mayor
ATTEST:
______________________________________
Libby Ball, City Secretary
CM041304
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EXHIBIT “D”
VISTA POINT II / MACARTHUR RIDGE PRELIMINARY SIGN CRITERIA
The purpose of this sign criteria is to create a graphic environment which is individual
and distinctive in identity for the Tenant and also compatible with other signs in the
center. The total concept should give an impression of quality and professionalism
and instill a good business image. Lettering shall be well proportioned, and its design,
spacing and legibility shall be a major criterion for approval.
The following specifications are to be used for the design of tenants’ signage; however,
in all cases final written approval must be obtained from the Lessor prior to the
manufacturing or installation of any signage. Lessor shall make all final and
controlling determinations concerning any questions of interpretation of this sign
policy.
22. REQUIRED SIGNS
1. Tenant shall identify its premises by erecting one (1) facia sign which
shall be attached directly to the building fascia as described hereinafter.
Subject to the restrictions under “Size of Sign: below, for buildings and
leaseholds with one (1) front façade, (front façade being defined as the building
surface directly facing a dedicated street, or where street frontage does not
exist, it shall be defined as the width of the lease space which contains the
main entry), attached signs located at a height of 36 feet or less are permitted a
maximum aggregate effective area equal to one-square foot per lineal foot of
leasehold frontage, as applicable, or 300 square feet, whichever is less.
23. TYPE OF FASCIA SIGN
Non-illuminated or reverse lighted individually pin mounted channel letters.
24. SIZE OF SIGN
1. Depth – 5 ½”; height – not-to-exceed 36”. Multiple Rows – not-to-exceed 36” in
total height including spaces between rows. Minimum Letter Size – 10”.
2. In any case the overall length or spread of the sign cannot exceed 70% of the
total linear measurement of the main entry storefront of leased space or 40’-0”,
whichever is less.
3. In the case of an irregularly shaped sign or logo sign with letters and/or
symbols directly affixed to the wall of a building, the area of the sign shall be
the entire area within a single continuous rectilinear perimeter of not more
than the proportional maximum height and width limitations noted above.
25.
26. TYPE OF SIGN
1. Lessor will have final review over letter font, style and height.
2. Logos in addition to signage must be approved. They must be proportionate to
height of fascia and sign.
3. Box type signs will not be allowed.
CM041304
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27. COLOR
1. Colors are subject to approval by Landlord or its representative.
2. Matte is finish required.
3. Colors are limited to white, ivory, or black. Limited logo color variation
maybe allowed at Landlords and City of Coppell discretion.
28. CONSTRUCTION OF LETTERS
1. Returns and Fronts - .063 aluminum gauge (minimum)
2. Back of letters shall have a minimum of 1/8” clear Plexiglass face.
3. No exposed trim caps are permitted
4. Letters are to be pin mounted 1” off building fascia.
5. U.L. label is required.
29. ILLUMINATION AND WIRING
1. If illuminated individual letters are to be backlit with neon tubing,
such tubing must be concealed in the letter and project the light
source back on the building fascia.
2. Secondary Wiring – All transformers and secondary wiring are to be
concealed behind parapets or within soffits.
3. Electrical power shall be brought to required location at Lessee’s
expense. Routing of conduit shall be below roof deck and not visible.
30. PLACEMENT AND INSTALLATION
General Notes
1. Tenant signage shall be as close to a center-of-frontage location as
possible, subject to allowance for corner positioning.
2. Attachment of signage is to be U.L. approved. No exposed wiring is
permitted.
3. All fasteners used are to be non-corrosive stainless steel.
4. Tenant will be responsible for all damage to the building incurred during
sign installation and removal. Tenant is responsible for painting needed
to correct fading and must patch and paint holes in the fascia caused by
signage attachment and wiring upon Lease termination.
31. SUBMITTAL FOR APPROVAL
1. Prior to awarding a contract for fabrication and installation, Tenant shall
submit three (3) scaled drawings for final review to Lessor. No
construction may occur until Lessor has approved acceptable drawings
and specifications.
CM041304
Page 18 of 20
2. Elevation of building fascia and sign shall be drawn using a minimum ¼”
= 1’-0” scale.
3. Drawing shall indicate the following specifications: Type, color, and
thickness of Plexiglass, type of materials, color and finish used on front
and return, type of illumination and mounting and wiring methods.
Tenant’s sign contractor shall first visit the site to verify existing
conditions prior to preparation of drawings and specifications;
information needed to prepare submittals shall also be obtained during
the visit.
4. Drawings must include fascia cross section showing electrical
connections.
32. PERMITS
All city permits and approvals from the City of Coppell are required prior to sign
fabrication.
33. TRAILER SIGNS OR TEMPORARY SIGNS WILL NOT BE PERMITTED.
34. THE FOLLOWING ARE NOT PERMITTED
1. Roof signs or box signs
2. Exposed seam tubing
3. Animated or moving components
4. Intermittent or flashing illumination
5. Iridescent or fluorescent painted signs
6. Letters mounted or painted on illuminated panels
7. Signs or letters painted directly on any surface except as herein provided
8. Signs installed or placed along perimeter of shopping center
CM041304
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EXHIBIT “E”
VISTA POINT II / MACARTHUR RIDGE MONUMENT SIGN CRITERIA
Monument signs are permitted as follows.
A. Monument signs must be built on a monument base, as opposed to a
pole base, with no separation between the base of the sign and natural
grade. A monument sign shall contain only the name, logo, address,
product or service of the establishment(s); and in the case of gasoline
service stations only, the price per gallon of gasoline; and in the case of
governmental and religious organizations only, information concerning
forthcoming public events. No other advertising or promotional
information is permitted thereon. Such sign may be single or double
faced. Can signs made of plastic or similar materials are not permitted as
detached (monument) signs. Backlit plastic is not permitted within
detached (monument) signs.
B. One monument sign is permitted on the premises as follows:
i. On-sites greater than two acres in area.
Maximum size - 60 square feet.
Maximum height - Six feet.
Minimum setbacks - 15 feet from street right-of-way, 75 feet from
property lines other than those property lines fronting the street right-of-
way.
ii. On-sites two acres in area or less.
Maximum size - 40 square feet.
Maximum height - Four feet.
Minimum setbacks - 15 feet from street right-of-way, 75 feet from
property lines other than those property lines fronting the street right-of-
way.
C. Two monument signs are permitted on the premises as follows:
i. Provided that the premises is not a corner lot, two monument
signs are permitted on premises greater than two acres in size
having frontage on two or more streets, as follows:
Maximum size - 40 square feet each.
Maximum height - Four feet each.
Minimum setbacks - 15 feet from street right-of-way, 75 feet from
property lines other than those property lines fronting the street right-of-
way.
Maximum number of signs - One per street frontage.
Maximum total number--Two.
ii. Provided that the premises has frontage on more than one street
and that the frontage on each street is 500 feet or more, two
monument signs are permitted on premises greater than five acres
in size as follows:
Maximum size--60 square feet each.
CM041304
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Maximum height--Six feet each.
Minimum setbacks--15 feet from street right-of-way, 75 feet from
property lines other than those property lines fronting the street right-of-
way.
Maximum number of signs--One per street frontage.
Maximum total number--Two.
DEPT: City Secretary
DATE: April 27, 2004
ITEM #: 9/B
AGENDA REQUEST FORM
ITEM CAPTION: Consider accepting resignation of James Cheng from the Coppell Economic Development
Committee.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 02/04 Document Name: %EconDevresign.doc
DEPT: City Secretary
DATE: April 27, 2004
ITEM #: 9/C
AGENDA REQUEST FORM
ITEM CAPTION: Consider accepting resignation of Charles Petty from the Library Board.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 02/04 Document Name: %Libraryresign.doc
DEPT: Facilities Division of Public Works
DATE: April 27, 2004
ITEM #: 9/D
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of awarding Bid # Q-0304-02 for the annual HVAC Maintenance Contract to Siemens Building
Technologies in the amount of $84,600 as budgeted for a one year period beginning May 1, 2004, with renewal
options for an additional four years; and authorizing the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Award of this contract will allow for a full-service HVAC maintenance contract for heating and air conditioning
equipment at our city facilities beginning May 1, 2004 for a one year period.
Staff recommends award of Bid #Q-0304-02 to Siemens Building Technologies in the amount of $84,600 with
renewal options for an additional four years.
Staff will be available to answer any questions at the Council meeting.
FINANCIAL COMMENTS: Funds for this contract are budgeted in the Facilities Management Department,
Building Maintenance account. (01-03-13-3110)
Agenda Request Form - Revised 02/04 Document Name: #HVAC-1AG
April 17, 2004
TO: Mayor and City Council
FROM: Sheri Moino, Facilities Manager
RE: Consider approval of awarding Bid # Q-0304-02 for the annual
HVAC Maintenance Contract to Siemens Building
Technologies in the amount of $84,600 as budgeted for a one
year period beginning May 1, 2004, with renewal options for an
additional four years; and authorizing the City Manager to sign.
The City of Coppell’s annual HVAC Maintenance Contract with Invensys expires May 1,
2004. While the City had an option to renew it’s existing contract with Invensys for an
additional one year period, Invensys opted not to renew as they are getting out of the
service industry.
This contract was put out for bid, with bids opening April 15, 2004. Seven bids were
received (see attached bid tabulation).
DBI Air Condition Services was the lowest bid received; however, they did not provide
references where like services were provided by their firm as requested with the
Invitation to Bid. Staff contacted them to discuss their bid, and while they provided a list
of references of current contacts, they are a small company (only 3 employees) and do
not have a contract of this scope. Staff has notified DBI Air Condition Services that they
will not be awarded this contract.
Staff thereby recommends award of Bid # Q-0304-02 to Siemens Building Technologies,
which is the lowest most qualified bid received. Siemens currently has full service
contracts with the City of Bedford, City of Euless and Abbot Laboratories. Reference
checks made to these companies were all excellent.
/sm
Bid # Q-0304-02 HVAC Maintenance ContractBid TabulationVendor Vendor Totals1.DBI Air Conditioning Services4209 Palmer DriveMansfield, TX 76063$78,720*2.Siemens Building Technologies8600 N. Royal Ln., Suite 100Irving, TX 75063$84,6003.Control Innovations10820 Alder CircleDallas, TX 75238$106,8004.Apex Services, Inc.P.O. Box 59301Dallas, TX 75229$112,2405.4-L Engineering Co., Inc.2010 Silver StreetGarland, TX 75042$126,8766.Spaeth Industries2120 E. Grauwyler Rd.Irving, TX 75061$228,0007.Tosa Environmental Services604 White Oak St.Allen, TX 75002$336,500
DEPT: Parks & Recreation
DATE: April 27, 2004
ITEM #: 9/E
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of granting a utility easement to Oncor Electric to provide electrical service to the Wagon
Wheel Park Practice Fields, and authorize the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
The attached Easement and Right of Way dedication at Wagon Wheel Park will allow Oncor Electric Delivery
Company to provide primary power to the Main Distribution Panels for the Practice Areas currently under
construction on the northwest portion of the park.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 02/04 Document Name: ^Oncor Easement Wagon Wheel
Park-1AR(CONSENT).doc
DEPT: Finance
DATE: April 27, 2004
ITEM #: 10
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of an Ordinance authorizing the issuance of City of Coppell, Texas, General
Obligation Bonds, Series 2004 in the amount of $13,685,000, approving an Official Statement, authorizing the
execution of a purchase agreement, and making provisions for the security thereof, and ordaining other matters
relating to the subject and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY: These bonds are being issued to fund streets and drainage improvements and park
development.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 02/04 Document Name: $GO2004-1AR
1
ORDINANCE NO. 2004-______ AUTHORIZING THE ISSUANCE OF CITY OF COPPELL,
TEXAS GENERAL OBLIGATION BONDS, SERIES 2004; APPROVING AN OFFICIAL
STATEMENT; AUTHORIZING THE EXECUTION OF A PURCHASE AGREEMENT;
MAKING PROVISIONS FOR THE SECURITY THEREOF; AND ORDAINING OTHER
MATTERS RELATING TO THE SUBJECT
THE STATE OF TEXAS §
COUNTIES OF DALLAS AND DENTON §
CITY OF COPPELL §
WHEREAS, the City has voted on November 2, 1999 the following general obligations and have
issued the amounts shown:
Purpose
Date
Authorized
Amount
Authorized
Previously
Issued
Amount
Being Issued
Unissued
Balance
Park Improvements 11/02/99 $ 8,685,000 $ 6,205,000 $ 1,280,000 $ 1,200,000
Drainage Improvements 11/02/99 1,700,000 295,000 405,000 1,000,000
Street Improvements 11/02/99 30,345,000 9,100,000 12,000,000 9,245,000
WHEREAS, it is deemed necessary and advisable to authorize, issue, and deliver an installment of
series of bonds in the amount of $1,280,000 for the purpose of park improvements and $12,000,000 for street
improvements and $405,000 for drainage improvements in connection therewith; and
WHEREAS, the bonds hereinafter authorized and designated are to be issued and delivered pursuant
to Subchapter E of Chapter 51 of Local Government Code, Chapter 1331 and Chapter 1207, Texas
Government Code; and
WHEREAS, the meeting was open to the public and public notice of the time, place and purpose of
said meeting was given pursuant to Chapter 551, Texas Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
Section 1.AMOUNT AND PURPOSE OF THE BONDS. The bond or bonds of the CITY
OF COPPELL, TEXAS (the "Issuer") are hereby authorized to be issued and delivered in the aggregate
principal amount of $13,685,000 for providing $12,000,000 for the purpose of constructing, improving, and
equipping permanent public improvements, to-wit: the City's streets, including but not limited to West Sandy
Lake Road (Denton Tap Road to S.H. 121); East Sandy Lake Road (Kimbel Court to east city limits); Bethel
Road I (Freeport Parkway to west city limits); Bethel Road II (Freeport Parkway to Denton Tap Road);
Coppell Road (West Sandy Lake Road to Bethel Road); Creekview Road (Ruby Rd./State Rd. West along
south edge of Wagon Wheel Park); and Freeport Parkway (Bethel Road to I.H. 635); $1,280,000 for the
2
purpose of acquiring, constructing, equipping and improving permanent public improvements for the City's
parks, including but not limited to MacArthur Park Development; Wagon Wheel Park Development (Phase
2); Andrew Brown Park East multi-purpose fields; extension of Trail System in North Zone; construction of
a new Senior Citizen Center; development of tennis courts; development of the Town Center Master Plan;
and renovation of Grapevine Springs, and $405,0000 for the purpose acqu iring, constructing and improving
permanent public improvements for the City's drainage, including but not limited to Kaye St reet, Meadow
Creek Road, Stream G-2, Stream G-6, Sandy Knoll/Shadow Crest, the Meadows Subdivision, Cottonwood
Estates and Hunterwood Park.
Section 2.DESIGNATION OF THE BONDS. Each bond issued pursuant to this Ordinance
shall be designated: "CITY OF COPPELL, TEXAS GENERAL OBLIGATION BOND, SERIES
2004", and initially there shall be issued, sold, and delivered hereunder a single fully registered bond, without
interest coupons, payable in annual installments of principal (the "Initial Bond"), but the Initial Bond may be
assigned and transferred and/or converted into and exchanged for a like aggregate principal amount of fully
registered bonds, without interest coupons, having serial and annual maturities, and in the denomination or
denominations of $5,000 or any integral multiple of $5,000, all in the manner hereinafter provided. The term
"Bonds" as used in this Ordinance shall mean and include collectively the Initial Bond and all substitute bonds
exchanged therefor, as well as all other substitute bonds and replacement bonds issued pursuant hereto, and
the term "Bond" shall mean any of the Bonds.
Section 3.INITIAL DATE, DENOMINATION, NUMBER, MATURITIES, INITIAL
REGISTERED OWNER, AND CHARACTERISTICS OF THE INITIAL BOND. (a) The Initial Bond
is hereby authorized to be issued, sold, and delivered hereunder as a single fully registered Bond, without
interest coupons, dated April 15, 2004, in the denomination and aggregate principal amount of $13,685,000
numbered R-1, payable in annual installments of principal to the initial registered owner thereof, to-wit: BANC
OF AMERICA SECURITIES LLC, or to the registered assignee or assignees of said Bond or any portion
or portions thereof (in each case, the "registered owner"), with the annual installments of principal of the Initial
Bond to be payable on the dates, respectively, and in the principal amounts, respectively, stated in the FORM
OF INITIAL BOND set forth in this Ordinance.
(b) The Initial Bond (i) may be prepaid or redeemed prior to the respective scheduled due dates of
installments of principal thereof, (ii) may be assigned and transferred, (iii) may be converted and exchanged
for other Bonds, (iv) shall have the characteristics, and (v) shall be signed and sealed, and the principal of and
interest on the Initial Bond shall be payable, all as provided, and in the manner required or indicated, in the
FORM OF INITIAL BOND set forth in this Ordinance.
Section 4.INTEREST. The unpaid principal balance of the Initial Bond shall bear interest from
the date of the Initial Bond and will be calculated on the basis of a 360-day year of twelve 30-day months to
the respective scheduled due dates, or to the respective dates of prepayment or redemption, of the
installments of principal of the Initial Bond, and said interest shall be payable, all in the manner provided and
at the rates and on the dates stated in the FORM OF INITIAL BOND set forth in this Ordinance.
Section 5.FORM OF INITIAL BOND. The form of the Initial Bond, including the form of
Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be endorsed on the
Initial Bond, shall be substantially as follows:
3
FORM OF INITIAL BOND
NO. R-1 $13,685,000
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF DALLAS AND DENTON
CITY OF COPPELL, TEXAS
GENERAL OBLIGATION BOND, SERIES 2004
The CITY OF COPPELL, in DALLAS AND DENTON COUNTIES (the "Issuer"), being a political
subdivision of the State of Texas, hereby promises to pay to
BANC OF AMERICA SECURITIES LLC
or to the registered assig nee or assignees of this Bond or any portion or portions hereof (in each case, the
"registered owner") the aggregate principal amount of
THIRTEEN MILLION SIX HUNDRED EIGHTY FIVE THOUSAND DOLLARS
in annual installments of principal due and payable on FEBRUARY 1 in each of the years, and in the
respective principal amounts, as set forth in the following schedule:
YEAR AMOUNT YEAR AMOUNT
2005 2015
2006 2016
2007 2017
2008 2018
2009 2019
2010 2020
2011 2021
2012 2022
2013 2023
2014 2024
and to pay interest, from the date of this Bond hereinafter stated, on the balance of each such installment of
principal, respectively, from time to time remaining unpaid, at the rates as follows:
4
maturity 2005,%maturity 2015,%
maturity 2006,%maturity 2016,%
maturity 2007,%maturity 2017,%
maturity 2008,%maturity 2018,%
maturity 2009,%maturity 2019,%
maturity 2010,%maturity 2020,%
maturity 2011,%maturity 2021,%
maturity 2012,%maturity 2022,%
maturity 2013,%maturity 2023,%
maturity 2014,%maturity 2024,%
with said in terest being payable on February 1, 2005, and semiannually on each August 1 and February 1
thereafter while this Bond or any portion hereof is outstanding and unpaid.
THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this Bond are payable
in lawful money of the United States of America, without exchange or collection charges. The installments
of principal and the interest on this Bond are payable to the registered owner hereof through the services of
WACHOVIA BANK NATIONAL ASSOCIATION, HOUSTON, TEXAS, which is the "Paying
Agent/Registrar" for this Bond. Payment of all principal of and interest on this Bond shall be made by the
Paying Agent/Registrar to the registered owner hereof on each principal and/or interest payment date by
check or draft, dated as of such date, drawn by the Paying Agent/Registrar on, and payable solely from, funds
of the Issuer required by the ordinance authorizing the issuance of this Bond (the "Bond Ordinance") to be
on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft
shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such
principal and/or interest payment date, to the registered owner hereof, at the address of the registered owner,
as it appeared on the 15th day of the month next preceding each such date (the "Record Date") on the
Registration Books kept by the Paying Agent/Registrar, as hereinafter described, or by such other method
acceptable to the Paying Agent/Registrar requested by, and at the risk and expense of, the registered owner.
The Issuer covenants with the registered owner of this Bond that on or before each principal and/or interest
payment date for this Bond it will make available to the Paying Agent/Registrar, from the "Interest and
Sinking Fund" created by the Bond Ordinance, the amounts required to provide for the payment, in
immediately available funds, of all principal of and interest on this Bond, when due.
IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday,
Sunday, a legal holiday, or a day on which banking institutions in the city where the Paying Agent/Registrar
is located are authorized by law or executive order to close, then the date for such payment shall be the next
succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are
authorized to close; and payment on such date shall have the same force and effect as if made on the original
date payment was due.
5
THIS BOND has been authorized in accordance with the Constitution and laws of the State of Texas,
in the principal amount of $13,685,000 for providing $12,000,000 for the purpose of constructing, improving,
and equipping permanent public improvements, to-wit: the City's streets, including but not limited to West
Sandy Lake Road (Denton Tap Road to S.H. 121); East Sandy Lake Road (Kimbel Court to east city limits);
Bethel Road I (Freeport Parkway to west city limits); Bethel Road II (Freeport Parkway to Denton Tap
Road); Coppell Road (West Sandy Lake Road to Bethel Road); Creekview Road (Ruby Rd./State Rd. West
along south edge of Wagon Wheel Park); and Freeport Parkway (Bethel Road to I.H. 635); $1,280,000 for
the purpose of acquiring, constructing, equipping and improving permanent public improvements for the City's
parks, including but not limited to MacArthur Park Development; Wagon Wheel Park Development (Phase
2); Andrew Brown Park East multi-purpose fields; extension of Trail System in North Zone; construction of
a new Senior Citizen Center; development of tennis courts; development of the Town Center Master Plan;
and renovation of Grapevine Springs, and $405,0000 for the purpose acquiring, constructing an d improving
permanent public improvements for the City's drainage, including but not limited to Kaye Street, Meadow
Creek Road, Stream G-2, Stream G-6, Sandy Knoll/Shadow Crest, the Meadows Subdivision, Cottonwood
Estates and Hunterwood Park.
ON FEBRUARY 1, 20____, or on any date thereafter, the unpaid installments of principal of this
Bond may be prepaid or redeemed prior to their scheduled due dates, at the option of the Issuer, with funds
derived from any available source, as a whole, or in part, and, if in part, the Issuer shall select and designate
the maturity, or maturities, and the amount that is to be redeemed, and if less than a whole maturity is to be
called, the Issuer shall direct the Paying Agent/Registrar to call by lot (provided that a portion of this Bond
may be redeemed only in an integral multiple of $5,000), at the redemption price of the principal amount, plus
accrued interest to the date fixed for prepayment or redemption.
AT LEAST 30 days prior to the date fixed for any such prepayment or redemption, a written notice
of such prepayment or redemption shall be mailed by United States mail, first class postage pre-paid, by the
Paying Agent/Registrar to the registered owner hereof. By the date fixed for any such prepayment or
redemption due provision shall be made by the Issuer with the Paying Agent/Registrar for the payment of the
required prepayment or redemption price for this Bond or the portion hereof which is to be so prepaid or
red eemed, plus accrued interest thereon to the date fixed for prepayment or redemption. If such written
notice of prepayment or redemption is given, and if due provision for such payment is made, all as provided
above, this Bond, or the portion thereof which is to be so prepaid or redeemed, thereby automatically shall
be treated as prepaid or redeemed prior to its scheduled due date, and shall not bear interest after the date
fixed for its prepayment or redemption, and shall not be regarded as being outstanding except for the right
of the registered owner to receive the prepayment or redemption price plus accrued interest to the date fixed
for prepayment or redemption from the Paying Agent/Registrar out of the funds provided for such payment.
The Paying Agent/Registrar shall record in the Registration Books all such prepayments or redemptions of
principal of this Bond or any portion hereof.
THIS BOND, to the extent of the unpaid or unredeemed principal balance hereof, or any unpaid and
unredeemed portion hereof in any integral multiple of $5,000, may be assigned by the initial registered owner
hereof and shall be transferred only in the Registration Books of the Issuer kept by the Paying
Agent/Registrar acting in the capacity of registrar for the Bonds, upon the terms and condit ions set forth in
the Bond Ordinance. Among other requirements for such transfer, this Bond must be presented and
surrendered to the Paying Agent/Registrar for cancellation, together with proper instruments of assignment,
6
in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment
by the initial registered owner of this Bond, or any portion or portions hereof in any integral multiple of $5,000,
to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or
are to be transferred and registered. Any instrument or instruments of assignment satisfactory to the Paying
Agent/Registrar may be used to evidence the assignment of this Bond or any such portion or portions hereof
by the initial registered owner hereof. A new bond or bonds payable to such assignee or assignees (which
then will be the new registered owner or owners of such new Bond or Bonds) or to the initial registered
owner as to any portion of this Bond which is not being assigned and transferred by the initial registered
owner, shall be delivered by the Paying Agent/Registrar in conversion of and exchange for this Bond or any
portion or portions hereof, but solely in the form and manner as provided in the next paragraph hereof for the
conversion and exchange of this Bond or any portion hereof. The registered owner of this Bond shall be
deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all
purposes, including payment and discharge of liability upon this Bond to the extent of such payment, and the
Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary.
AS PROVIDED above and in the Bond Ordinance, this Bond, to the extent of the unpaid or
unredeemed principal balance hereof, may be converted into and exchanged for a lik e aggregate principal
amount of fully registered bonds, without interest coupons, payable to the assignee or assignees duly
designated in writing by the initial registered owner hereof, or to the initial registered owner as to any portion
of this Bond which is not being assigned and transferred by the initial registered owner, in any denomination
or denominations in any in tegral multiple of $5,000 (subject to the requirement hereinafter stated that each
substitute bond issued in exchange for any portion of this Bond shall have a single stated principal maturity
date), upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the
form and procedures set forth in the Bond Ordinance. If this Bond or any portion hereof is assigned and
transferred or converted each bond issued in exchange for any portion hereof shall have a single stated
principal maturity date corresponding to the due date of the installment of principal of this Bond or portion
hereof for which the substitute bond is being exchanged, and shall bear interest at the rate applicable to and
borne by such installment of principal or portion thereof. Such bonds, respectively, shall be subject to
redemption prior to maturity on the same dates and for the same prices as the corresponding installment of
principal of this Bond or portion hereof for which they are being exchanged. No such bond shall be payable
in installments, but shall have only one stated principal maturity date. AS PROVIDED IN THE BOND
ORDINANCE, THIS BOND IN ITS PRESENT FORM MAY BE ASSIGNED AND TRANSFERRED
OR CONVERTED ONCE ONLY, and to one or more assignees, but the bonds issued and delivered in
exchange for this Bond or any portion hereof may be assigned and transferred, and converted, subsequently,
as provided in the Bond Ordinance. The Issuer shall pay the Paying Agent/Registrar's standard or customary
fees and charges for transferring, converting, and exchanging this Bond or any portion thereof, but the one
requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to
be paid with respect thereto. The Paying Agent/Registrar shall not be required to make any such assignment,
conversion, or exchange (i) during the period commencing with the close of business on any Record Date and
ending with the opening of business on the next following principal or interest payment date, or, (ii) with
respect to any Bond or portion thereof called for prepayment or redemption prior to maturity, within 45 days
prior to its prepayment or redemption date.
IN THE EVENT any Paying Agent/Registrar for this Bond is changed by the Issuer, resigns, or
otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint
a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be
7
mailed to the registered owner of this Bond.
IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly authorized,
issued, sold, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and
be done precedent to or in the authorization, issuance, and delivery of this Bond have been performed, existed,
and been done in accordance with law; that this Bond is a general obligation of the Issuer, issued on the full
faith and credit thereof; and that ad valorem taxes sufficient to provide for the payment of the interest on and
principal of this Bond, as such interest and principal come due, have been levied and ordered to be levied
against all taxable property in the Issuer, and have been pledged for such payment, within the limit prescribed
by law.
BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all
of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions,
acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes
and records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and
the Bond Ordinance constitute a contract between the registered owner hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual signature
of the Mayor of the Issuer and countersigned with the manual signature of the City Secretary of the Issuer,
has caused the official seal of the Issuer to be duly impressed on this Bond, and has caused this Bond to be
dated April 15, 2004.
City Secretary Mayor
(CITY SEAL)
FORM OF REGISTRATION CERTIFICATE
OF THE COMPTROLLER OF PUBLIC ACCOUNTS:
COMPTROLLER'S REGISTRATION CERTIFICATE:
REGISTER NO.
I hereby certify that this Bond has been examined, certified as to validity, and approved by the
Attorney General of the State of Texas, and that this Bond has been registered by the Comptroller of Public
Accounts of the State of Texas.
Witness my signature and seal this
___________________________________________
Comptroller of Public Accounts of the State of Texas
(COMPTROLLER'S SEAL)
Section 6.ADDITIONAL CHARACTERISTICS OF THE BONDS. (a) Registration and
Transfer . The Issuer shall keep or cause to be kept at the principal corporate trust office of WACHOVIA
8
BANK, NATIONAL ASSOCIATION, HOUSTON, TEXAS (the "Paying Agent/Registrar") books or
records of the registration and transfer of the Bonds (the "Registration Books"), and the Issuer hereby
appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and
make such transfers and registrations under such reasonable regulatio ns as the Issuer and Paying
Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such transfers and registrations
as herein provided. The Paying Agent/Registrar shall obtain and record in the Registration Books the address
of the registered owner of each Bond to which payments with respect to the Bonds shall be mailed, as herein
provided; but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of
the address to which payments shall be mailed, and such interest payments shall not be mailed unless such
notice has been given. The Issuer shall have the right to inspect the Registration Books during regular
business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the
Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any
other entity. Registration of each Bond may be transferred in the Registration Books only upon presentation
and surrender of such Bond to the Paying Agent/Registrar for transfer of registration and cancellation,
together with proper written instruments of assignment, in form and with guarantee of signatures satisfactory
to the Paying Agent/Registrar, (i) evidencing the assignment of the Bond, or any portion thereof in any integral
multiple of $5,000, to the assignee or assignees thereof, and (ii) the right of such assignee or assignees to have
the Bond or any such portion thereof registered in the name of such assignee or assignees. Upon the
assignment and transfer of any Bond or any portion thereof, a new substitute Bond or Bonds shall be issued
in conversion and exchange therefor in the manner herein provided. The Initial Bond, to the extent of the
unpaid or unredeemed principal balance thereof, may be assigned and transferred by the initial registered
owner thereof once only, and to one or more assignees designated in writing by the initial registered owner
thereof. All Bonds issued and delivered in conversion of and exchange for the Initial Bond shall be in any
denomination or denominations of any integral multiple of $5,000 (subject to the requirement hereinafter stated
that each substitute Bond shall have a single stated principal maturity date), shall be in the form prescribed
in the FORM OF SUBSTITUTE BOND set forth in this Ordinance, and shall have the characteristics, and
may be assigned, transferred, and converted as hereinafter provided. If the Initial Bond or any portion thereof
is assigned and transferred or converted the Initia l Bond must be surrendered to the Paying Agent/Registrar
for cancellation, and each Bond issued in exchange for any portion of the In itial Bond shall have a single
stated principal maturity date, and shall not be payable in installments; and each such Bond shall have a
principal maturity date corresponding to the due date of the installment of principal or portion thereof for
which the substitute Bond is being exchanged; and each such Bond shall bear interest at the single rate
applicable to and borne by such installment of principal or portion thereof for which it is being exchanged.
If only a portion of the Initial Bond is assigned and transferred, there shall be delivered to and registered in
the name of the initial registered owner substitute Bonds in exchange for the unassigned balance of the Initial
Bond in the same manner as if the initial registered owner were the assignee thereof. If any Bond or portion
thereof other than the Initial Bond is assigned and transferred or converted each Bond issued in exchange
shall have the same princ ipal maturity date and bear interest at the same rate as the Bond for which it is
exchanged. A form of assignment shall be printed or endorsed on each Bond, excepting the Initial Bond,
which shall be executed by the registered owner or its duly authorized attorney or representative to evidence
an assignment thereof. Upon surrender of any Bonds or any portion or portions thereof for transfer of
registration, an authorized representative of the Paying Agent/Registrar shall make such transfer in the
Registration Books, and shall deliver a new fully registered substitute Bond or Bonds, having the
characteristics herein described, payable to such assignee or assignees (which then will be the registered
owner or owners of such new Bond or Bonds), or to the previous registered owner in case only a portion of
9
a Bond is being assigned and transferred, all in conversion of and exchange for said assigned Bond or Bonds
or any portion or portions thereof, in the same form and manner, and with the same effect, as provided in
Section 6(d), below, for the conversion and exchange of Bonds by any registered owner of a Bond. The
Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such
transfer and delivery of a substitute Bond or Bonds, but the one requesting such transfer shall pay any taxes
or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall
not be required to make transfers of registration of any Bond or any portion thereof (i) during the period
commencing with the close of business on any Record Date and ending with the opening of business on the
next following principal or interest payment date, or, (ii) with respect to any Bond or any portion thereof called
for redemption prior to maturity, within 30 days prior to its redemption date.
(b) Ownership of Bonds . The entity in whose name any Bond shall be registered in the Registration
Books at any time shall be deemed and treated as the absolute owner thereof for all purposes of this
Ordinance, whether or not such Bond shall be overdue, and the Issuer and the Paying Agent/Registrar shall
not be affected by any notice to the contrary; and payment of, or on account of, the principal of, premium,
if any, and interest on any such Bond shall be made only to such registered owner. All such payments shall
be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums
so paid.
(c) Payment of Bonds and Interest. The Issuer hereby further appoints the Paying Agent/Registrar
to act as the paying agent for paying the principal of and interest on the Bonds, and to act as its agent to
convert and exchange or replace Bonds, all as provided in this Ordinance. The Paying Agent/Registrar shall
keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the
Bonds, and of all conversions and exchanges of Bonds, and all replacements of Bonds, as provided in this
Ordinanc e. However, in the event of a nonpayment of interest on a scheduled payment date, and for thirty
(30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be
established by the Paying Agent/Registrar, if and when fu nds for the payment of such interest have been
received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past
due interest (which shall be l5 days after the Special Record Date) shall be sent at least five (5) business days
prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each
Bondholder appearing on the Registratio n Books at the close of business on the last business day next
preceding the date of mailing of such notice.
(d) Conversion and Exchange or Replacement; Authentication. Each Bond issued and delivered
pursuant to this Ordinance, to the extent of the unpaid or unredeemed principal balance or principal amount
thereof, may, upon surrender of such Bond at the principal corporate trust office of the Paying
Agent/Registrar, together with a written request therefor duly executed by the registered owner or the
assignee or assignees thereof, or its or their duly authorized attorneys or representatives, with guar antee of
signatures satisfactory to the Paying Agent/Registrar, may, at the option of the registered owner or such
assignee or assignees, as appropriate, be converted into and exchanged for fully registered bonds, without
interest coupons, in the form prescribed in the FORM OF SUBSTITUTE BOND set forth in this Ordinance,
in the denomination of $5,000, or any integral multiple of $5,000 (subject to the requirement hereinafter stated
that each substitute Bond shall have a single stated maturity date), as requested in writing by such registered
owner or such assignee or assignees, in an aggregate principal amount equal to the unpaid or unredeemed
principal balance or principal amount of any Bond or Bonds so surrendered, and payable to the appropriate
registered owner, assignee, or assignees, as the case may be. If the Initial Bond is assigned and transferred
10
or converted each substitute Bond issued in exchange for any portion of the Initial Bond shall have a single
stated princip al maturity date, and shall not be payable in installments; and each such Bond shall have a
principal maturity date corresponding to the due date of the installment of principal or portion thereof for
which the substitute Bond is being exchanged; and each such Bond shall bear interest at the single rate
applicable to and borne by such installment of principal or portion thereof for which it is being exchanged.
If a portion of any Bond (other than the Initial Bond) shall be redeemed prior to its scheduled maturity as
provided herein, a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate,
in the denomination or denominations of any integral multiple of $5,000 at the request of the registered owner,
and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered
owner upon surrender thereof for cancellatio n. If any Bond or portion thereof (other than the Initial Bond)
is assigned and transferred or converted, each Bond issued in exchange therefor shall have the same principal
maturity date and bear interest at the same rate as the Bond for which it is being exchanged. Each substitute
Bond shall bear a letter and/or number to distinguish it from each other Bond. The Paying Agent/Registrar
shall conver t and exchange or replace Bonds as provided herein, and each fully registered bond delivered in
conversion of and exchange for or replacement of any Bond or portion thereof as permitted or required by
any provision of this Ordinance shall constitute one of the Bonds for all purposes of this Ordinance, and may
again be converted and exchanged or replaced. It is specifically provided that any Bond authenticated in
conversion of and exchange for or replacement of another Bond on or prior to the first scheduled Record
Date for the Initial Bond shall bear interest from the date of the Initial Bond, but each substitute Bond so
authenticated after such first scheduled Record Date shall bear interest from the interest payment date next
preceding the date on which such substitute Bo nd was so authenticated, unless such Bond is authenticated
after any Record Date but on or before the next following interest payment date, in which case it shall bear
interest from such next following interest payment date; provided, however, that if at the time of delivery of
any substitute Bond the interest on the Bond for which it is being exchanged is due but has not been paid, then
such Bond shall bear inter est from the date to which such interest has been paid in full. THE INITIAL
BOND issued and delivered pursuant to this Ordinance is not required to be, and shall not be, authenticated
by the Paying Agent/ Registrar, but on each substitute Bond issued in conversion of and exchange for or
replacement of any Bond or Bonds issued under this Ordinance there shall be printed a certificate, in the form
substantially as follows:
"PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance
described on the face of this Bond; and that this Bond has been issued in conversion of and exchange for or
replacement of a bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by
the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State
of Texas.
Paying Agent/Registrar
Dated __________By_________________________
Authorized Representative"
An author ized representative of the Paying Agent/Registrar shall, before the delivery of any such Bond, date
and manually sign the above Certificate, and no such Bond shall be deemed to be issued or outstanding unless
such Certificate is so executed. The Paying Agent/Registrar promptly shall cancel all Bonds surrendered for
11
conversion and exchange or replacement. No additional ordinances, orders, or resolutions need be passed
or adopted by the governing body of the Issuer or any other body or person so as to accomplish the foregoing
conversion and exchange or replacement of any Bond or portion thereof, and the Paying Agent/Registrar shall
provide for the printing, execution, and delivery of the substitute Bonds in the manner prescribed herein, and
said Bonds shall be of type composition printed on paper with lithographed or steel engraved borders of
customary weight and strength. Pursuant to Chapter 1207, Texas Government Code, the duty of conversion
and exchange or replacement of Bonds as aforesaid is hereby imposed upon the Paying Agent/Registrar, and,
upon the execution of the above Paying Agent/Registrar's Authentication Certificate, the converted and
exchanged or replaced Bond shall be valid, incontestable, and enforceable in the same manner and with the
same effect as the Initial Bond which originally was issued pursuant to this Ordinance, approved by the
Attorney General, and registered by the Comptroller of Public Accounts. The Issuer shall pay the Paying
Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging any
Bo nd or any portion thereof, but the one requesting any such transfer, conversion, and exchange shall pay
any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the
exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to
make any such conversion and exchange or replacement of Bonds or any portion thereof (i) during the period
commencing with the close of business on any Record Date and ending with the opening of business on the
next following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called
for redemption prior to maturity, within 45 days prior to its redemption date.
(e) In General. All Bonds issued in conversion and exchange or replacement of any other Bond or
portion thereof, (i) shall be issued in fully registered form, without interest coupons, with the principal of and
interest on such Bonds to be payable only to the registered owners thereof, (ii) may be redeemed prior to their
scheduled maturities, (iii) may be transferred and assigned, (iv) may be converted and exc hanged for other
Bonds, (v) shall have the characteristics, (vi) shall be signed and sealed, and (vii) the principal of and interest
on the Bonds shall be payable, all as provided, and in the manner required or indicated, in the FORM OF
SUBSTITUTE BOND set forth in this Ordinance.
(f) Payment of Fees and Charges . The Issuer hereby covenants with the registered owners of the
Bonds that it will (i) pay the standard or customary fees and charges of the Paying Ag ent/Registrar for its
services with respect to the payment of the principal of and interest on the Bonds, when due, and (ii) pay the
fees and charges of the Paying Agent/Registrar for services with respect to the transfer of registration of
Bonds, and with respect to the conversion and exchange of Bonds solely to the extent above provided in this
Ordinance.
(g) Substitute Paying Agent/Registrar. The Issuer covenants with the registered owners of the
Bonds that at all times while the Bonds are outstanding the Issuer will provide a competent and legally
qualified bank, trust company, financial institution, or other agency to act as and perform the services of
Paying Agent/Registrar for the Bonds under this Ordinance, and that the Paying Agent/Registrar will be one
entity. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not
less than 120 days written notice to the Paying Agent/ Registrar, to be effective not later than 60 days prior
to the next principal or interest payment date after such notice. In the event that the entity at any time acting
as Paying Agent/Registrar (or its successor by merger , acquisition, or other method) should resign or
otherwise cease to act as such, the Issuer covenants that promptly it will appoint a competent and legally
qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under
this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar
12
promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent
books and records relating to the Bonds, to the new Paying Agent/Registrar designated and appointed by the
Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice
thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Bonds, by United
States mail, first-class postage prepaid, which notice also shall give the address of the new Paying
Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be
deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be
delivered to each Paying Agent/Registrar.
(h) Book-Entry Only System. The Bonds issued in exchange for the Bonds initially issued to the
purchaser specified herein shall be initially issued in the form of a separate single fully registered Bond for
each of the maturities thereof. Upon initial issuance, the ownership of each such Bond shall be registered
in the name of Cede & Co., as nominee of Depository Trust Company of New York ("DTC"), and except
as provided in subsection (i) hereof, all of the outstanding Bonds shall be registered in the name of Cede &
Co., as nominee of DTC.
With respect to Bonds registered in the name of Cede & Co., as nominee of DTC, the Issuer and
the Paying Agent/Registrar shall have no responsibility or obligation to any DTC Participant or to any person
on behalf of whom such a DTC Participant holds an interest on the Bonds. Without limiting the immediately
prec eding sentence, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation with
respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect to any
ownership interest in the Bonds, (ii) the deliver y to any DTC Participant or any other person, other than a
Bondholder, as shown on the Registration Books, of any notice with respect to the Bonds, including any notice
of redemption, or (iii) the payment to any DTC Participant or any other person, other than a Bondholder, as
shown in the Registration Books of any amount with respect to principal of, premium, if any, or interest on,
as the case may be, the Bonds. Notwithstanding any other provision of this Ordinance to the contrary, the
Issuer and the Paying Agent/Regis trar shall be entitled to treat and consider the person in whose name each
Bond is registered in the Registration Books as the absolute owner of such Bond for the purpose of payment
of principal, premium, if any, and interest, as the case may be, with respect to such Bond, for the purpose of
g iving notices of redemption and other matters with respect to such Bond, for the purpose of registering
transfers with respect to such Bond, and for all other purposes whatsoever. The Paying Agent/Registrar shall
pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the respective
owners, as shown in the Registration Books as provided in this Ordinance, or their respective attorneys duly
authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the
Issuer's obligations with respect to payment of principal of, premium, if any, and interest on, or as the case
may be, the Bonds to the extent of the sum or sums so paid. No person other than an owner, as shown in
the Registration Books , shall receive a Bond certificate evidencing the obligation of the Issuer to make
payments of principal, premium, if any, and interest, as the case may be, pursuant to this Ordinance. Upon
delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to
substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect
to interest checks being mailed to the registered owner at the close of business on the Record Date, the word
"Cede & Co." in this Ordinance shall refer to such new nominee of DTC.
(i) Successor Securities Depository; Transfers Outside Book-Entry Only System. In the event that
the Issuer or the Paying Agent/Registrar determines that DTC is incapable of discharging its responsibilities
described herein and in the representation letter of the Issuer to DTC and that it is in the best interest of the
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beneficial owners of the Bonds that they be able to obtain certificated Bonds, the Issuer or the Paying
Agent/Registrar shall (i) appoint a successor securities depository, qualified to act as such under Section 17(a)
of the Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants of the
appointment of such successor securities depository and transfer one or more separate Bonds to such
successor securities depository or (ii) notify DTC and DTC Participants of the availability through DTC of
Bonds and transfer one or more separate Bonds to DTC Participants having Bonds credited to their DTC
accounts. In such event, the Bonds shall no longer be restricted to being registered in the Registration Books
in the name of Cede & Co., as nominee of DTC, but may be registered in the name of the successor
securities depository, or its nominee, or in whatever name or names Bondholders transferring or exchanging
Bonds shall designate, in accordance with the provisions of this Ordinance.
(j) Payments to Cede & Co. Notwithstanding any other provision of this Ordinance to the contrary,
so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect
to principal of, premium, if any, and interest on, or as the case may be, such Bond and all notices with respect
to such Bond shall be made and given, respectively, in the manner provided in the representation letter of the
Issuer to DTC.
Section 7.FORM OF SUBSTITUTE BONDS. The form of all Bonds issued in conversion
and exchange or replacement of any other Bond or portion thereof, including the form of Paying
Agent/Registrar's Certificate to be printed on each of such Bonds, and the Form of Assignment to be printed
on each of the Bonds, shall be, respectiv ely, substantially as follows, with such appropriate variations,
omissions, or insertions as are permitted or required by this Ordinance.
FORM OF SUBSTITUTE BOND
PRINCIPAL AMOUNT
NO. _____$___________________
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF DALLAS AND DENTON
CITY OF COPPELL, TEXAS
GENERAL OBLIGATION BOND, SERIES 2004
INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP NO.
ON THE MATURITY DATE specified above, the CITY OF COPPELL, in DALLAS AND
DENTON COUNTIES, TEXAS (the "Issuer"), being a political subdivision of the State of Texas, hereby
promises to pay to
__________________________________________________,
or to the registered assignee hereof (either being hereinafter called the "registered owner") the principal
amount of
________________________________________________
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and to pay interest thereon from April 15, 2004 to the maturity date specified above, or the date of redemption
prior to maturity, at the interest rate per annum specified above; with interest being payable on February 1,
2005 and semiannually thereafter on each August 1 and February 1, except that if the date of authentication
of this Bond is later than January 15, 2005, such principal amount shall bear interest from the interest payment
date next preceding the date of authentication, unless such date of authentication is after any Record Date
(hereinafter defined) but on or before the next following interest payment date, in which case such principal
amount shall bear interest from such next following interest payment date.
THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United
States of America, without exchange or collection charges. The principal of this Bond shall be paid to the
registered owner hereof upon presentation and surrender of this Bond at maturity or upon the date fixed for
its redemption prior to maturity, at the principal corporate trust office of WACHOVIA BANK,
NATIONAL ASSOCIATION, HOUSTON, TEXAS, which is the "Paying Agent/Registrar" for this Bond.
The payment of interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner
hereof on each interest payment date by chec k or draft, dated as of such interest payment date, drawn by
the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance
authorizing the issuance of the Bonds (the "Bond Ordinance") to be on deposit with the Paying
Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying
Agent/Registrar by United States Mail, first-class postage prepaid, on each such interest payment date, to the
registered owner hereof, at the address of the registered owner, as it appeared on the fifteenth business day
of the month next preceding each such date (the "Record Date") on the Registration Books kept by the
Paying Agent/Registrar, as hereinafter described, or by such other method acceptable to the Paying
Agent/Registrar requested by, and the risk and expense of, the registered owner. Any accrued interest due
upon the redemption of this Bond prior to maturity as provided herein shall be paid to the registered owner
upon presentation and surrender of this Bond for redemption and payment at the principal corporate trust
office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Bond that on
or before each principal payment date, interest payment date, and accrued interest payment date for this Bond
it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Bond
Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal
of and interest on the Bonds, when due.
IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday,
Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar
is located are authorized by law or executive order to close, then the date for such payment shall be the next
succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are
authorized to close; and payment on such date shall have the same force and effect as if made on the original
date payment was due.
THIS BOND is one of an issue of Bonds initially dated April 15, 2004, authorized in accordance with
the Constitution and laws of the State of Texas in the principal amount of $13,685,000 for providing
$12,000,000 for the purpose of constructing, improving, and equipping permanent public improvements, to-wit:
the City's streets, including but not limited to West Sandy Lake Road (Denton Tap Road to S.H. 121); East
Sandy Lake Road (Ki mbel Court to east city limits); Bethel Road I (Freeport Parkway to west city limits);
Be thel Road II (Freeport Parkway to Denton Tap Road); Coppell Road (West Sandy Lake Road to Bethel
Road); Creekview Road (Ruby Rd./State Rd. West along south edge of Wagon Wheel Park); and Freeport
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Parkway (Bethel Road to I.H. 635); $1,280,000 for the purpose of acquiring, constructing, equipping and
improving permanent public improvements for the City's parks, including but not limited to MacArthur Park
Development; Wagon Wheel Park Development (Phase 2); Andrew Brown Park East multi-purpose fields;
extension of Trail System in North Zone; construction of a new Senior Citizen Center; development of tennis
courts; development of the Town Center Master Plan; and renovation of Grapevine Springs, and $405,0000
for the purpose acquiring, constructing and improving permanent public improvements for the City's drainage,
including but not limited to Kaye Street, Meadow Creek Road, Stream G-2, Stream G-6, Sandy Knoll/Shadow
Crest, the Meadows Subdivision, Cottonwood Estates and Hunterwood Park.
ON FEBRUARY 1, 20____, or any date thereafter, the Bonds of this Series may be redeemed pr ior
to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful
source, as a whole, or in part, and, if in part, the Issuer shall select and designate the maturity or maturities
and the amount that is to be redeemed, and if less than a whole maturity is to be called, the Issuer shall direct
the Paying Agent/Registrar to call by lot (provided that a portion of a Bond may be redeemed only in an
integral multiple of $5,000), at the redemption price of the principal amount thereof, plus accrued interest to
the date fixed for redemption.
AT LEAST 30 days prior to the date fixed for any redemption of Bonds or portions thereof prior to
maturity a written notice of such redemption shall be sent by the Paying Agent/Registrar by United States
mail, first class postage prepaid, not less than 30 days prior to the date fixed for any such redemption, to the
registered owner of each Bond to be redeemed at its address as it appeared on the 45th day prior to such
redemption date; provided, however, that the failure to receive such notice, or any defect therein or in the
sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption
of any Bond, and it is hereby specifically provided that the mailing of such notice as required above shall be
the only notice actually required in connection with or as a prerequisite to the redemption of any Bonds or
portions thereof. By the date fixed for any such redemption due provision shall be made with the Paying
Agent/Registrar for the payment of the required redemption price for the Bonds or portions thereof which
are to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such written notice
of redemption is mailed and if due provision for such payment is made, all as provided above, the Bonds or
portions thereof which are to be so redeemed thereby automatically shall be treated as redeemed prior to their
scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not
be regarded as being outstanding except for the right of the registered owner to receive the redemption price
plus accrued interest from the Paying Agent/Registrar out of the funds provided for such payment. If a
portion of any Bond shall be redeemed a substitute Bond or Bonds having the same maturity date, bearing
interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the
written request of the registered owner, and in aggregate principal amount equal to the unredeemed portion
thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of
the Issuer, all as provided in the Bond Ordinance.
THIS BOND OR ANY PORTION OR PORTIONS HEREOF IN ANY INTEGRAL MULTIPLE
OF $5,000 may be assigned and shall be transferred only in the Registration Books of the Issuer kept by the
Paying Agent/Registrar acting in the capacity of registrar for the Bonds, upon the terms and conditions set
forth in the Bond Ordinance. Among other requirements for such assignment and transfer, this Bond must
be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment,
in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment
of this Bond or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees
16
in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and
registered. The form of Assignment printed or endorsed on this Bond shall be executed by the registered
owner or its duly authorized attorney or representative, to evidence the assignment hereof. A new Bond or
Bonds payable to such assignee or assignees (which then will be the new registered owner or owners of such
new Bond or Bonds), or to the previous registered owner in the case of the assignment and transfer of only
a portion of this Bond, may be delivered by the Paying Agent/Registrar in conversion of and exchange for
this Bond, all in the form and manner as provided in the next paragraph hereof for the conversion and
exchange of other Bonds. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and
charges for making such transfer, but the one requesting such transfer shall pay any taxes or other
governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be
required to make transfers of registration of this Bond or any portion hereof (i) during the period commencing
with the close of business on any Record Date and ending with the opening of business on the next following
principal or interest payment date, or, (ii) with respect to any Bond or any portion thereof called for
redemption prior to maturity, within 45 days prior to its redemption date. The registered owner of this Bond
shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for
all purposes, including payment and discharge of liability upon this Bond to the extent of such payment, and
the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary.
AL L BONDS OF THIS SERIES are issuable solely as fully registered bonds, without interest
coupons, in the denomination of any integral multiple of $5,000. As provided in the Bond Ordinance, this
Bond, or any unredeemed portion hereof, may, at the request of the registered owner or the assignee or
assignees hereof, be converted into and exchanged for a like aggregate principal amount of fully registered
bonds, without interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the
case may be, having the same maturity date, and bearing interest at the same rate, in any denomination or
denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner,
assignee, or assignees, as the case may be, upon surrender of this Bond to the Paying Agent/Registrar for
cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance. The Issuer
shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting,
and exchanging any Bond or any portion thereof, but the one requesting such transfer, conversion, and
exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition
precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall
not be required to make any such conversion and exchange (i) during the period commencing with the close
of business on any Record Date and ending with the opening of business on the next following principal or
interest payment date, or, (ii) with respect to any Bond or portion thereof called for redemption prior to
maturity, within 45 days prior to its redemption date.
IN THE EVENT any Paying Agent/Regis trar for the Bonds is changed by the Issuer, resigns, or
otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint
a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be
mailed to the registered owners of the Bonds.
IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly authorized,
issued, sold, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and
be done precedent to or in the authorization, issuance, and delivery of this Bond have been performed, existed,
and been done in accordance with law; that this Bond is a general obligation of the Issuer, issued on the full
faith and credit thereof; and that ad valorem taxes sufficient to provide for the payment of the interest on and
17
principal of this Bond, as such interest and principal come due, have been levied and ordered to be levied
against all taxable property in the Issuer, and have been pledged for such payment, within the limit prescribed
by law.
BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all
of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions,
acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes
and records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and
the Bond Ordinance constitute a contract between each registered owner hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or facsimile
signature of the Mayor of the Issuer and countersigned with the manual or facsimile signature of the City
S ecretary of the Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in
facsimile, on this Bond.
City Secretary Mayor
(CITY SEAL)
FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
(To be executed if this Bond is not accompanied by an executed
Registration Certificate of the Comptroller of Public Accounts of the State of Texas)
It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described
in the text of this Bond; and that this Bond has been issued in conversion or replacement of, or in exchange for,
a bond, bonds, or a portion of a bond or bonds of a Series which originally was approved by the Attorney
General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas.
Dated Wachovia Bank, National Association, Houston, Texas
By
Authorized Representative
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FORM OF ASSIGNMENT:
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned registered owner of this Bond, or duly authorized
representative or attorney thereof, hereby assigns this Bond to
(Assignee's Social Security or Tax Payer
Identification Number)
(Print or type Assignee's Name and Address Including Zip
Code)
and hereby irrevocably constitutes and appoints
Attorney, to transfer the registration of this Bond on the Paying Agent/Registrar's Registration Books with full
power of substitution in the premises.
Dated _______________
NOTICE: This signature must be guaranteed by
a member of the New York Stock Exchange or
a commercial bank or trust company.
NOTICE: This signature must correspond with the
name of the Registered Owner appearing on the face
of this Bond in every particular without alteration or
enlargement or any change whatsoever.
Section 8.TAX LEVY. A special Interest and Sinking Fund (the "Interest and Sinking Fund")
is hereby created solely for the benefit of the Bonds, and the Interest and Sinking Fund shall be established
and maintained by the Issuer at an official depository bank of the Issuer. The Interest and Sinking Fund shall
be kept separate and apart from all other funds and accounts of the Issuer, and shall be used only for paying
the interest on and principal of the Bonds. All ad valorem taxes levied and collected for and on account of
the Bonds shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year
while any of the Bonds or interest thereon are outstanding and unpaid, the governing body of the Issuer shall
compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the
money required to pay the interest on the Bonds as such interest comes due, and to provide and maintain a
sinking fund adequate to pay the principal of its Bonds as such principal matures (but never less than 2% of
the original principal amount of the Bonds as a sinking fund each year).
Said tax shall be based on the latest approved tax rolls of the Issuer, with full allowance being made
for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied,
and is hereby ordered to be levied, against all taxable property in the Issuer for each year while any of the
19
Bonds or interest thereon are outstanding and unpaid; and said tax shall be assessed and collected each such
year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient
to provide for the payment of the interest on and principal of the Bonds, as such interest comes due and such
principal matures, are hereby pledged for such payment, within the limit prescribed by law.
Article 1208, Government Code, applies to the issuance of the Bonds and the pledge of the taxes
granted by the Issuer under this Section, and is therefore valid, effective, and perfected. Should Texas law
be amended at any time while the Bonds are outstanding and unpaid, the result of such amendment being that
the pledge of the taxes granted by the Issuer under this Section is to be subject to the filing requirements of
Chapter 9, Business & Commerce Code, in order to preserve to the registered owners of the Bonds a security
interest in said pledge, the Issuer agrees to take such measures as it determines are reasonable and necessary
under Texas law to comply with the applicable provisions of Chapter 9, Business & Commerce Code and
enable a filing of a security interest in said pledge to occur.
Section 9.DEFEASANCE OF BONDS. (a) Any Bond and the interest thereon shall be
deemed to be paid, retired, and no longer outstanding (a "Defeased Bond") within the meaning of this
Ordinance, except to the extent provided in subsection (d) of this Section, when payment of the principal of
such Bond, plus interest thereon to the due date (whether such due date be by reason of maturity or
otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii)
shall have been provided for on or before such due date by irrevocably depositing with or making available
to the Paying Agent/Registrar in accordance with an escrow agreement or other instrument (the "Future
Escrow Agreement") for such payment (1) lawful money of the United States of America sufficient to make
such payment or (2) Defeasance Securities that mature as to principal and interest in such amounts and at
such times as will insure the availability, without reinvestment, of sufficient money to provide for such
payment, and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar for
the payment of its services until all Defeased Bonds shall have become due and payable. At such time as
a Bond shall be deemed to be a Defeased Bond hereunder, as aforesaid, such Bond and the interest thereon
shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied
and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such
money or Defeasance Securities.
(b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the
Issuer also be invested in Defeasance Securities, maturing in the amounts and times as hereinbefore set forth,
and all income from such Defeasance Securities received by the Paying Agent/Registrar that is not required
for the payment of the Bonds and interest thereon, with respect to which such money has been so deposited,
shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. Any Future Escrow
Agreement pursuant to which the money and/or Defeasance Securities are held for the payment of Defeased
Bonds may contain provisions permitting the investment or reinvestment of such moneys in Defeasance
Securities or the substitution of other Defeasance Securities upon the satisfaction of the requirements
specified in subsection 9(a)(i) or (ii). All income from such Defeasance Securities received by the Paying
Agent/Registrar which is not required for the payment of the Defeased Bonds, with respect to which such
money has been so deposited, shall be remitted to the Issuer or deposited as directed in writing by the Issuer.
(c) The term "Defeasance Securities" means (i) direct, noncallable obligations of the United States
of America, including obligations that are unconditionally guaranteed by the United States of America., (ii)
noncallable obligations of an agency or instrumentality of the United States of America, including obligations
20
that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date of the
purchase thereof are rated as to investment quality by a nationally recognized investment rating firm not less
than AAA or its equivalent, and (iii) noncallable obligations of a state or an agency or a county, municipality,
or other political subdivision of a state that have been refunded and that, on the date the governing body of
the Issuer adopts or approves the proceedings authorizing the financial arrangements are rated as to
investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent.
(d) Until all Defeased Bonds shall have become due and payable, the Paying Agent/Registrar shall
perform the services of Paying Agent/Registrar for such Defeased Bonds the same as if they had not been
defeased, and the Issuer shall make proper arrangements to provide and pay for such services as required
by this Ordinance.
(e) In the event that the Issuer elects to defease less than all of the principal amount of Bonds of a
maturity, the Paying Agent/Registrar shall select, or cause to be selected, such amount of Bonds by such
random method as it deems fair and appropriate.
Section 10.DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS . (a)
Replacement Bonds . In the event any outstanding Bond is damaged, mutilated, lost, stolen, or destroyed, the
Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new bond of the same prin cipal
amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Bond, in replacement
for such Bond in the manner hereinafter provided.
(b) Application for Replacement Bonds . Application for replacement of damaged, mutilated, lost,
stolen, or destroyed Bonds shall be made by the registered owner thereof to the Paying Agent/Registrar. In
every case of loss, theft, or destruction of a Bond, the registered owner applying for a replacement bond shall
furnish to the Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them
to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss,
theft, or destruction of a Bond, the registered owner shall furnish to the Issuer and to the Paying
Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Bond, as the case may
be. In every case of damage or mutilation of a Bond, the registered owner shall surrender to the Paying
Agent/Registrar for cancellation the Bond so damaged or mutilated.
(c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the event any
such Bond shall have matured, and no default has occurred which is then continuing in the payment of the
principal of, redemption premium, if any, or interest on the Bond, the Issuer may authorize the payment of the
same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a
replacement Bond, provided security or indemnity is furnished as above provided in this Section.
(d) Charge for Issuing Replacement Bonds . Prior to the issuance of any replacement bond, the
Paying Agent/Registrar shall charge the registered owner of such Bond with all legal, printing, and other
expenses in connection therewith. Every replacement bond issued pursuant to the provisions of this Section
by virtue of the fact that any Bond is lost, stolen, or destroyed shall constitute a contractual obligation of the
Issuer whether or not the lost, stolen, or destroyed Bond shall be found at any time, or be enforceable by
anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all
other Bonds duly issued under this Ordinance.
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(e) Authority for Issuing Replacement Bonds. In accordance with Chapter 1207, Texas Government
Code, this Section 10 of this Ordinance shall constitute authority for the issuance of any such replacement
bond without necessity of further action by the governing body of the Issuer or any other body or person, and
the duty of the replacement of such bonds is hereby authorized and imposed upon the Paying Agent/Registrar,
and the Paying Agent/Registrar shall authenticate and deliver such Bonds in the form and manner and with
the effect, as provided in Section 6(d) of this Ordinance for Bonds issued in conversion and exchange for
other Bonds.
Section 11.CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND
COUNSEL'S OPINION; CUSIP NUMBERS; AND CONTINGENT INSURANCE PROVISION, IF
OBTAINED. The Mayor of the Issuer is hereby authorized to have control of the Initial Bond issued
hereunder and all necessary records and proceedings pertaining to the Initial Bond pending its delivery and
its investigation, examination, and approval by the Attorney General of the State of Texas, and its registration
by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Initial Bond said
Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually
sign the Comptroller's Registration Certificate on the Initial Bond, and the seal of said Comptroller shall be
impressed, or placed in facsimile, on the Initial Bond. The approving legal opinion of the Issuer's bond counsel
and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the Bond or any Bonds
issued and delivered in conversion of and exchange or replacement of any Bond, but neither shall have any
legal ef fect, and shall be solely for the convenience and information of the registered owners of the Bonds.
In addition, if bond insurance is obtained, the Bonds may bear an appropriate legend as provided by the
Insurer.
Section 12.COVENANTS REGARDING TAX EXEMPTION. The Issuer covenants to refrain
from taking any action which would adversely affect, and to take any required action to ensure, the treatment
of the Bonds as obligations described in Section 103 of the Internal Revenue Code of 1986, as amended (the
"Code"), the interest on which is not includable in the "gross income" of the holder for purposes of federal
income taxation. In furtherance thereof, the Issuer covenants as follows:
(a) to take any action to assure that no more than 10 percent of the proceeds of the Bonds or the
projects financed therewith (less amounts deposited to a reserve fund, if any) are used for any "private
business use," as defined in Section 141(b)(6) of the Code or, if more than 10 percent of the proceeds or the
projects financed therewith are so used, such amounts, whether or not received by the Issuer, with respect
to such private business use, do not, under the terms of this Ordinance, or any underlying arrangement,
directly or indirectly, secure or provide for the payment of mo re than 10 percent of the debt service on the
Bonds, in contravention of Section 141(b)(2) of the Code;
(b) to take any action to assure that in the event that the "private business use" described in
Subsection (a) hereof exceeds 5 percent of the proceeds of the Bonds or the projects financed therewith (less
amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private
business use" which is "related" and not "disproportionate," within the meaning of Section 141(b)(3) of the
Code, to the governmental use;
(c) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or 5
percent of the proceeds of the Bonds (less amounts deposited into a reserve fund, if any) is directly or
indirectly used to finance loans to persons, other than state or local governmental units, in contravention of
22
Section 141(c) of the Code;
(d) to refrain from taking any action which would otherwise result in the Bonds being treated as
"private activity bonds" within the meaning of Section 141(b) of the Code;
(e) to refrain from taking any action that would result in the Bonds being "federally guaranteed"
within the meaning of Section 149(b) of the Code;
(f) to refrain from using any portion of the proceeds of the Bonds, directly or indirectly, to acquire
or to replace funds which were used, directly or in directly, to acquire investment property (as defined in
Section 148(b)(2) of the Code) which produces a materially higher yield over the term of the Bonds, other
than investment property acquired with --
(1) proceeds of the Bonds invested for a reasonable temporary period of 3 years or less or,
in the case of a refunding bond, for a period of 30 days or less until such proceeds are needed for the
purpose for which the Bonds are issued,
(2) amounts invested in a bona fide debt service fund, within the meaning of Section 1.148-
1(b) of the Treasury Regulations, and
(3) amounts deposited in any reasonably required reserve or replacement fund to the extent
such amounts do not exceed 10 percent of the proceeds of the Bonds;
(g) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as proceeds of the
Bonds, as may be necessary, so that the Bonds do not otherwise contravene the requirements of Section 148
of the Code (relatin g to arbitrage) and, to the extent applicable, Section 149(d) of the Code (relating to
advance refundings); and
(h) to pay to the United States of America at least once during each five-year period (beginning on
the date of delivery of the Bonds) an amount that is at least equal to 90 percent of the "Excess Earnings,"
within the meaning of Section 148(f) of the Code and to pay to the United States of America, not later than
60 days after the Bonds have been paid in full, 100 percent of the amount then required to be paid as a result
of Excess Earnings under Section 148(f) of the Code.
The Issuer understands that the term "proc eeds" includes "disposition proceeds" as defined in the
Treasury Regulations and, in the case of refunding bonds, transferred proceeds (if any) and proceeds of the
refunded bonds expended prior to the date of issuance of the Bonds. It is the understanding of the Issuer
that the covenants contained herein are intended to assure compliance with the Code and any regulations or
rulings promulgated by the U.S. Dep artment of the Treasury pursuant thereto. In the event that regulations
or rulings are hereafter promulgated which modify or expand provisions of the Code, as applicable to the
Bonds, the Issuer will not be required to comply with any covenant contained herein to the extent that such
failure to comply, in the opinion of nationally-recognized bond counsel, will not adversely affect the exemption
from federal income taxation of interest on the Bonds under Section 103 of the Code. In the event that
regulations or rulings are hereafter promulgated which impose additional requirements which are applicable
to the Bonds, the Issuer agrees to comply with the additional requirements to the extent necessary, in the
opinion of nationally-recognized bond counsel, to preserve the exemption from federal income taxation of
23
interest on the Bonds under Section 103 of the Code. In furtherance of such intention, the Issuer hereby
authorizes and directs the Mayor of the Issuer to execute any documents, certificates or reports required by
the Code and to make such elections, on behalf of the Issuer, which may be permitted by the Code as are
consistent with the purpose for the issuance of the Bonds.
In order to facilitate compliance with the above covenant (h), a "Rebate Fund" is hereby established
by the Issuer for the sole benefit of the United States of America, and such Fund shall not be subject to the
claim of any other person, including without limitation the bondholders. The Rebate Fund is established for
the additional purpose of compliance with Section 148 of the Code.
Section 13.ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR THE
PROJECT . The Issuer covenants to account for the expenditure of sale proceeds and investment earnings
to be used for the purposes described in Section 1 of this Ordinance (the "Project") on its books and records
by alloc ating proceeds to expenditures within 18 months of the later of the date that (1) the expenditure is
made, or (2) the Project is completed. The foregoing notwithstanding, the Issuer shall not expend sale
proceeds or investment earnings thereon more than 60 days after the earlier of (1) the fifth anniversary of
the delivery of the Bonds, or (2) the date the Bonds are retired, unless the Issuer obtains an opinion of
nationally-recognized bond counsel that such expenditure will not adversely affect the tax-exempt status of
the Bonds. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains
an opinion that such failure to comply will not adversely affect the excludability for federal income tax
purposes from gross income of the interest.
Section 14.DISPOSITION OF PROJECT. The Issuer covenants that the property constituting
the Projects financed by the Bonds will not be sold or otherwise disposed in a transaction resulting in the
receipt by the Issuer of cash or other compensation, unless the Issuer obtains an opinion of nationally-
recognized bond counsel that such sale or other disposition will not adversely affect the tax-exempt status of
the Bonds. For purposes of the foregoing, the portion of the property comprising personal property and
disposed in the ordinary course shall not be treated as a transaction resulting in the receipt of cash or other
compensation. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains
an opinion that such failure to comply will not adversely affect the excludability for federal income tax
purposes from gross income of the interest.
Section 15.CONTINUING DISCLOSURE. (a) Annual Reports . (i) The Issuer shall provide
annually to each NRMSIR and any SID, within six months after the end of each fiscal year ending in or after
2004, financial information and operating data with res pect to the Issuer of the general type included in the
final Official Statement authorized by Section 17 of this Ordinance, being the information described in Exhibit
A. Any financial statements so to be provided shall be prepared in accordance with the accounting principles
described in Exhibit A thereto, or such other accounting principles as the Issuer may be required to employ
from time to time pursuant to state law or regulation, and audited, if the Issuer commissions an audit of such
statements and the audit is completed within the period during which they must be provided. If the audit of
such financial statements is not complete within such period, then the Issuer shall provide audited financial
statements for the applicable fiscal year to each NRMSIR and any SID, when and if the audit report on such
statements become available.
(ii) If the Issuer changes its fiscal year, it will notify each NRMSIR and any SID of the change (and
of the date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be required
24
to provide financial information and operating data pursuant to this Section. The financial information and
operating data to be provided pursuant to this Section may be set forth in full in one or more documents or
may be included by specific reference to any document (including an official statement or other offering
document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any
SID or filed with the SEC.
(b) Material Event Notices . The Issuer shall notify any SID and either each NRMSIR or the
MSRB, in a timely manner, of any of the following events with respect to the Bonds, if such event is material
within the meaning of the federal securities laws:
1.Principal and interest payment delinquencies;
2.Non-payment related defaults;
3.Unscheduled draws on debt service reserves reflecting financial difficulties;
4.Unscheduled draws on credit enhancements reflecting financial difficulties;
5.Substitution of credit or liquidity providers, or their failure to perform;
6.Adverse tax opinions or events affecting the tax-exempt status of the Bonds;
7.Modifications to rights of holders of the Bonds;
8.Bond calls;
9.Defeasances;
10.Release, substitution, or sale of property securing repayment of the Bonds; and
11.Rating changes.
The Issuer shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure
by the Issuer to provide financial information or operating data in accordance with subsec tion (a) of this
Section by the time required by such subsection.
(c) Limitations, Disclaimers, and Amendments. (i) The Issuer shall be obligated to observe and
perform the covenants specified in this Section for so long as, but only for so long as, the Issuer remains an
"obligated person" with respect to the Bonds within the meaning of the Rule, except that the Issuer in any
event will give notice of any deposit made in accordance with this Ordinance or applicable law that causes
Bonds no longer to be outstanding.
(ii) The provisions of this Section are for the sole benefit of the holders and beneficial owners of the
Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right,
remedy, or claim hereunder to any other person. The Issuer undertakes to provide only the financial
information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant
to this Section and does not hereby undertake to provide any other information that may be relevant or
material to a complete presentation of the Issuer's financial results, condition, or prospects or hereby
undertake to update any information provided in accordance with this Section or otherwise, except as
expressly provided herein. The Issuer does not make any representation or warranty concerning such
information or its usefulness to a decision to invest in or sell Bonds at any future date.
(iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE HOLDER
OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT,
FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE ISSUER,
WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED
25
IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT
OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN
ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE.
(iv) No default by the Issuer in observing or performing its obligations under this Section shall
comprise a breach of or default under the Ordinance for purposes of any other provision of this Ordinance.
Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the Issuer
under federal and state securities laws.
(v) The provisions of this Section may be amended by the Issuer from time to time to adapt to
changed circumstances that arise from a change in legal requirements, a change in law, or a change in the
identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions of this Section, as so
amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds
in compliance with the Rule, taking into account any amendments or interpretations of the Rule since such
offering as well as such changed circumstances and (2) either (a) the holders of a majority in aggregate
principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such
an amendment) of the outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with
the Issuer (such as bond counsel) determined that such amendment will not materially impair the interest of
the holders and beneficial owners of the Bonds. If the Issuer so amends the provisions of this Section, it shall
include with any amended financial information or operating data next provided in accordance with subsection
(a) of this Section an explanation, in narrative form, of the reason for the amendment and of the impact of
any change in the type of financial information or operatin g data so provided. The Issuer may also amend
or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable
provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid,
but only if and to the extent that the provisions of this sentence would not prevent an underwriter from
lawfully purchasing or selling Bonds in the primary offering of the Bonds.
(d) Definitions. As used in this Section, the following terms have the meanings ascribed to such
terms below:
"MSRB" means the Municipal Securities Rulemaking Board.
"NRMSIR" means each person whom the SEC or its staff has determined to be a nationally
recognized municipal securities information repository within the meaning of the Rule from time to
time.
"Rule" means SEC Rule 15c2-12, as amended from time to time.
"SEC" means the United States Securities and Exchange Commission.
"SID" means any person designated by the State of Texas or an authorized department, officer, or
agency thereof as, and determined by the SEC or its staff to be, a state information depository within
the meaning of the Rule from time to time.
Section 16.SALE OF BONDS. The Bonds are hereby sold and shall be delivered to B ANC
OF AMERICA SECURITIES LLC (the "Underwriter") for the purchase price of $___________
26
(representing the par amount of the Bonds of plus a net reoffering premium of $_____________ less an
Underwriter's discount on the Bonds of $__________) plus interest accrued (accrued interest to be
deposited into the Interest and Sinking Fund and premium to be deposited into the Interest and Sinking Fund
and applied to paying principal) thereon to date of delivery pursuant to the terms and provisions of a Purchase
Agreement with the Underwriter. It is hereby officially found, determined, and declared that the Bonds have
been sold pursuant to the terms and provisions of a Purchase Agreement in substantially the form attached
hereto as Exhibit B, which the Mayor of the Issuer is hereby authorized and directed to execute. It is hereby
officially found, determined, and declared that the terms of this sale are the most advantageous reasonably
obtainable. The Initial Bond shall be registered in the name of BANC OF AMERICA SECURITIES LLC.
Section 17.APPROVAL OF OFFICIAL STATEMENT. The Issuer hereby approves the form
and content of the Official Statement relating to the Bonds and any addenda, supplement or amendment
thereto, and approves the distribution of such Official Statement in the reoffering of the Bonds by the
Underwriter in final form, with such changes therein or additions thereto as the officer executing the same
may deem advisable, such determination to be conclusively evidenced by his execution thereof. The
Preliminary Official Statement, dated April 20, 2004, is hereby approved and deemed final as of its date, as
required by SEC Rule 15-2-12, and the distribution and use of the Preliminary Official Statement prior to the
date hereof is hereby ratified and confirmed.
Section 18.INTEREST EARNINGS ON BOND PROCEEDS. The earnings derived from the
investment of proceeds from the sale of the Bonds shall be used along with other Bonds proceeds as
described in Section 1 hereof; provided that after completion of such project, if any of such interest earnings
remain on hand, such interest earnings shall be deposited in the Interest and Sinking Fund. It is further
provided, however, that interest earnings on the Bonds proceeds which are required to be rebated to the
United States of America pursuant to Section 12 hereof in order to prevent the Bonds from being arbitrage
bonds shall be so rebated and not considered as interest earnings for the purpose of this Section.
Section 19.APPROPRIATION. There is hereby appropriated for transfer to the Interest and
Sinking Fund, from available funds, moneys sufficient to pay the principal and in terest coming due on the
Bonds on February 1, 2005.
Section 20.INSURANCE. The Issuer approves the insurance of the Bonds by
_____________________________________________________ and the payment of such premium
and covenant to comply with all of the terms of the insurance commitment, a copy of which is attached hereto
as Exhibit E and is hereby adopted by this Ordinance.
Section 21.PUBLIC NOTICE. It is hereby officially found and determined that public notice
of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government
Code.
-------------------
EXHIBIT A
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 15 of this Ordinance.
I. Annual Financial Statements and Operating Data
The financial information and operating data with respec t to the Issuer to be provided annually in
accordance with such Section are as specified (and inclu ded in the Appendix or under the headings of the
Official Statement and Tables referred to) below:
TABLE 1 through 6, and 8 through 15 and in Appendix B
Accounting Principles
The accounting principles referred to in such Section are the accounting principles described in the
notes to the financial statements referred to in paragraph 1 above.
EXHIBIT B
INSURANCE COMMITMENT
The Insurance Commitment has omitted at this point, as it appears elsewhere in the transcript.
DEPT: City Secretary
DATE: April 27, 2004
ITEM #: 11
AGENDA REQUEST FORM
ITEM CAPTION: Consider an appointment to fill the unexpired Regular term on the Coppell Economic
Development Committee, term to expire October, 2005.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 02/04 Document Name: %EconDev appt
DEPT: City Secretary
DATE: April 27, 2004
ITEM #: 12
AGENDA REQUEST FORM
ITEM CAPTION: Consider an appointment to fill the unexpired Regular term on the Library Board term to
expire October, 2004.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 02/04 Document Name: %KCB appt
DEPT: City Secretary
DATE: April 27, 2004
ITEM #: 13
AGENDA REQUEST FORM
ITEM CAPTION: Consider an appointment to fill the unexpired Regular term on the Keep Coppell Beautiful
Committee, term to expire October, 2004.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 02/04 Document Name: %KCB appt
DATE: April 27, 2004
ITEM #: 14
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork
DATE: April 27, 2004
ITEM #: 15
AGENDA REQUEST FORM
CITY MANAGER'S REPORT
A. 50th Aniversary Celebration.
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionwork
DATE: April 27, 2004
ITEM #: 16
AGENDA REQUEST FORM
MAYOR AND COUNCIL REPORTS
A. Update by Mayor Stover regarding Citizen Summit.
B. Update from Mayor Stover regarding Council Retreat.
C. Update from Mayor Stover regarding Relay for Life.
D. Repor t by Mayor Stover regarding Arbor Day Celebration.
E. Repor t by Mayor Stover regarding Faith and Family Fun Run.
F. Repor t by Mayor Stover regarding Prayer Breakfast.
G. Update from Mayor Stover regarding Special Legislative Session.
H. Repor t by Councilmember Suhy regarding Coppell Youth Leadership.
I. Repor t by Mayor Pro Tem Peters regarding Leadership Coppell.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
DATE: April 27, 2004
ITEM #: 17
AGENDA REQUEST FORM
COUNCIL COMMITTEE REPORTS
A. Carrollton/Farmers Branch ISD/Lewisville ISD - Councilmember Suhy.
B. Coppell ISD - Councilmembers Raines and York.
C. Coppell Seniors - Councilmember York.
D. Dallas Regional Mobility Coalition - Mayor Pro Tem Peters.
E. Economic Development Committee - Mayor Pro Tem Peters and Councilmember
Brancheau.
F. Metrocrest Hospital Authority - Councilmember Tunnell.
G. Metrocrest Social Service Center - Councilmember Brancheau.
H. Nor th Texas Council of Governments - Councilmember Tunnell.
I. Nor th Texas Commission - Councilmember Tunnell.
J. Senior Adult Services - Councilmember Suhy.
K. Town Center/Architectural Committee - Councilmember Faught.
L. Trinity River Common Vision Commission - Councilmember Faught.
M. Trinity Trail Advisor y Commission - Councilmember Raines.
Agenda Request Form - Revised 06/03 Document Name: %ccommreport
DATE: April 27, 2004
ITEM #: 18
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: April 27, 2004
Department Submissions:
Item Nos. 6 & 9E were placed on the Agenda for the above-referenced City
Council meeting by the Parks and 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 and Recreation Department
Item No. 9/D was 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