CP 2006-03-28
NOTICE OF CITY COUNCIL MEETING AND AGENDA
MARCH 28, 2006
DOUG STOVER, TIM BRANCHEAU, Place 1
Mayor Mayor Pro Tem
JAYNE PETERS, Place 2 BILLY FAUGHT, Place 5
BRIANNA HINOJOSA-FLORES, Place 3 THOM SUHY, Place 6
MARSHA TUNNELL, Place 4 BILL YORK, Place 7
JIM WITT, City Manager
MEETING TIME AND PLACE:
Call to Order 5:30 p.m. Council Chambers (Open to the Public)
Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public)
Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public)
Regular Session 7:00 p.m. Council Chambers (Open to the Public)
Notice is hereby given that the City Council of the City of Coppell, Texas will
meet in Regular Called Session on Tuesday, March 28, 2006, at 5:30 p.m. for
Executive Session, Work Session will follow immediately thereafter, and Regular
Session will begin at 7:00 p.m., to be held at Town Center, 255 Parkway
Boulevard, Coppell, Texas.
As authorized by Section 551.071(2) of the Texas Government Code, this
meeting may be convened into closed Executive Session for the purpose of
seeking confidential legal advice from the City Attorney on any agenda item
listed herein.
The City of Coppell reserves 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
1. Call to order.
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ITEM # ITEM DESCRIPTION
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation with City
Attorney.
1. The City of Coppell and Coppell Independent School District
opposition to a change of zoning request of the Billingsley
Corporation in the City of Dallas, Zoning Case Number Z045-
107 and City of Coppell vs. CB Parkway Business Center VI, et
al in the County Court at Law No. 3.
B. Section 551.072, Texas Government Code - Deliberation regarding
Real Property.
1. Discussion regarding Heatley-Moist property.
C. Section 551.087, Texas Government Code - Deliberation regarding
Economic Development Negotiations.
1. Economic Development Prospect on the west side of
Coppell.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding Keep Coppell Beautiful Committee and the
Park Board.
B. Discussion regarding Council Retreat and Citizen Summit.
C. Discussion of Agenda Items.
Adjourn Work Session.
PUBLIC ANNOUNCEMENTS
Public Service Announcements concerning local civic events and no Council
action is required or permitted.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
6. Pledge of Allegiance.
7. Presentation of the 2005 Achievement of Excellence in Libraries Award
from the Texas Municipal Library Directors Association.
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ITEM # ITEM DESCRIPTION
8. Recognition of the City of Coppell as a GOLD WELCOA Well Workplace.
9. Recognition of Coppell Firefighters who assisted in the West Texas fires
during the week of March 13, 2006.
10. Consider approval of a proclamation naming April 2006 as “Sexual Assault
Awareness Month,” and authorizing the Mayor to sign.
11. Consider approval of a proclamation naming April “Coppell Sight Month,”
and authorizing the Mayor to sign.
12. Consider approval of a proclamation naming March, 2006 as “Colorectal
Cancer Awareness Month,” and authorizing the Mayor to sign.
13. Consider approval of a Proclamation naming April 1st as “Clean Coppell
Earthfest 2006,” and authorizing the Mayor to sign.
14. Report by Keep Coppell Beautiful Committee.
15. Presentation by Youth Advisory Committee.
16. Citizens' Appearances.
CONSENT AGENDA
17. Consider approval of the following consent agenda items:
A. Consider approval of minutes: March 9, 2006.
B. Consider approval of a Resolution of the City of Coppell, Texas,
amending Resolution No. 2006-0228.3, Ordering the General and
Special Election for May 13, 2006, by providing for Early Voting by
Personal Appearance at Mobile Voting Locations, dates and times
and amending the Address for Ballots by Mail; and authorizing the
Mayor to sign.
C. Consider approval of a Resolution amending Resolution No.
010996.3, as heretofore amended, with regard to meter testing fees,
roll off container fees, the Coppell City Code (Building) fees, fire
prevention fees, general fees, special event fees and the solid
waste collection fees, and authorizing the Mayor to sign.
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ITEM # ITEM DESCRIPTION
D. Consider approval of a Resolution authorizing the execution of the
Gas Standing Steering Committee Participation Agreement, and
authorizing its execution by the City Manager; and authorizing the
Mayor to sign the Resolution.
E. Consider approval of the Annual Standards of Care for Day Camp
Programs and authorizing the Mayor to sign.
F. Consider approval of a Professional Services Agreement to
GreenPlay, LLC, for consulting services to prepare a Parks and
Recreation Master Plan, in the amount of $74,925.00, as budgeted,
and authorizing the City Manager to sign.
G. Consider approval of awarding bid No. Q-0206-01 for the installation
of the Wagon Wheel Park Drainage Outfall Structure, to Vortex
Construction, Inc., in the amount of $109,443.00, and authorizing the
President of the CRDC and the City Manager to sign.
END OF CONSENT
18. Consider approval of an Ordinance of the City of Coppell, Texas,
approving an amendment to Ordinance No. 2005-1106, the budget for
Fiscal Year October 1, 2005 through September 30, 2006, and authorizing
the Mayor to sign.
19. Consider approval of a Resolution of the City of Coppell, Texas, approving
the formation of the Coppell Local Government Corporation; authorizing
the Mayor to sign.
20. A. Consider approval of resignation of Lori Pierson from the Library
Board; and
B. Consider approval of appointment of a member to fill the vacant
unexpired Regular term on the Library Board; term to expire October 2006.
21. A. Consider approval of resignation of David Goodner from the Keep
Coppell Beautiful Committee; and
B. Consider approval of appointment of a member to fill the vacant
unexpired Regular term on the Keep Coppell Beautiful Committee, term
to expire October 2007.
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ITEM # ITEM DESCRIPTION
22. Consider approval of a Clean Fleet Vehicle ordinance as requested by
the North Central Texas Council of Government to remain eligible for
future funding of various types of projects by the North Central Texas
Council of Government; and authorizing the Mayor to sign.
23. Necessary action resulting from Work Session.
24. Mayor and Council Reports.
A. Report by Mayor Stover regarding May 13th Election.
B. Report by Mayor Stover regarding lunch with Jim Jackson.
25. Council Committee Reports.
A. Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember
Tunnell.
B. Coppell ISD – Councilmembers Faught and Suhy.
C. Coppell Seniors – Mayor Pro Tem Brancheau and Councilmember
Peters.
D. Dallas Regional Mobility Coalition - Councilmember Peters.
E. Economic Development Committee - Councilmembers Suhy and
York.
F. Metrocrest Hospital Authority - Councilmember Tunnell.
G. Metrocrest Medical Foundation - Councilmember Hinojosa-Flores.
H. Metrocrest Medical Services – Councilmember Hinojosa-Flores.
I. Metrocrest Social Service Center – Mayor Pro Tem Brancheau.
J. North Texas Council of Governments - Councilmember Tunnell.
K. NTCOG/Regional Emergency Management - Councilmember Suhy
L. North Texas Commission - Councilmember Peters.
M. Senior Adult Services - Councilmember Faught.
26. Necessary Action Resulting from Executive Session.
Adjournment.
____________________________________
Douglas N. Stover, Mayor
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CERTIFICATE
I certify that the above Notice of Meeting was posted on the bulletin board at
the City Hall of the City of Coppell, Texas on this 24th day of March, 2006, at
__________________.
____________________________________
Libby Ball, City Secretary
DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON
THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC
DOCUMENTS, COUNCIL PACKETS.
PUBLIC NOTICES
STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public
programs, services and/or meetings, the City requests that individuals make requests for
these services forty-eight (48) hours ahead of the scheduled program, service and/or
meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or
other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989).
IN COMPLIANCE WITH CITY OF COPPELL ORDINANCE NO. 95724
Carrying of a concealed handgun on these premises or at any official political meeting
in the City of Coppell is illegal.
Es ilegal llevar consigo un arma de fuego oculta, adentro de este edificio, o en
cualquier junta oficial de politica en la ciudad de Coppell.
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KEY TO COUNCIL GOALS ICONS
2006
Economic Development
• Aggressively pursue development partnership on Lesley tract
• Analyze large tract development opportunities
• Continue “hot spot” focus
• Develop strategy for use/sale of city-owned property
• Study revenue enhancements
• Continue focus on vacant retail revitalization
Quality Public Facilities & Infrastructure
• Examine funding opportunities for IMF
• Study continued use of ½-cent sales tax for parks
• Continue focus on local and regional transportation efforts
• Provide quality park and recreation facilities for all
Excellent City Services & High Citizen Satisfaction
• Continue strategic planning for future costs of service delivery
• Timely response with quality service delivery
• Initiate review and revisions of Code of Ordinances
• Develop methods to enhance communication efforts
• Promote citizen involvement
• Examine our effectiveness at participating in state/federal legislative process
Sense of Community
• Develop and support community special events
• Develop and support activities for teens
• Embark on a “Coppell 2025” vision effort
• Continue to evaluate cemetery issue
• Evaluate services and programs for our senior adult community
• Continue to partner with taxing entities serving our community, particularly our ISD’s
Fiscal Stability
• Continue and refine financial planning and forecasting
• Continue systematic management and reduction of debt and expenditures
• Balance expenditures with ability to maintain over time
• Perform cost analysis on all approved projects and programs prior to implementation
• Protect the sales tax base from Streamlined Sales Tax initiative
• Remain aware of external factors and developments that potentially impact the financial
condition of the city
Neighborhood Integrity & Code Enforcement
• Maintain communication with neighborhoods and the community
• Update the Master Plan and Zoning as required
• Continue proactive neighborhood integrity programs
• Access HOA common area maintenance expectations and obligations
Safe Community
• Maintain and improve existing excellent level of service
• Continue focus on Homeland Security
• Provide quality public education programs
• Continue traffic/speed control efforts
DATE: March 28, 2006
ITEM #: ES-2
AGENDA REQUEST FORM
EXECUTIVE SESSION
A. Section 551.071, Texas Government Code – Consultation with City Attorney.
1. The City of Coppell and Coppell Independent School District opposition to a change of
zoning request of the Billingsley Corporation in the City of Dallas, Zoning Case Number
Z045-107 and City of Coppell vs. CB Parkway Business Center VI, et al in the County
Court at Law No. 3.
B. Section 551.072, Texas Government Code – Deliberation regarding Real Property.
1. Discussion regarding Heatley-Moist property.
C. Section 551.087, Texas Government Code – Deliberation regarding Economic
Development Negotiations.
1. Economic Development Prospect on the west side of Coppell.
Agenda Request Form - Revised 02/04 Document Name: %executivesession
DATE: March 28, 2006
ITEM #:WS-3
AGENDA REQUEST FORM
WORK SESSION
A. Discussion regarding Keep Coppell Beautiful Committee and the Park Board.
B. Discussion regarding Council Retreat and Citizen Summit.
C. Discussion of Agenda Items.
Agenda Request Form - Revised 02/04 Document Name:
%worksession
DEPT: City Manager
DATE: March 28, 2006
ITEM #: 7
AGENDA REQUEST FORM
ITEM CAPTION: Presentation of the 2005 Achievement of Excellence in Libraries Award from the Texas
Municipal Library Directors Association.
GOAL(S):
EXECUTIVE SUMMARY: Of the 565 public libraries in the state of Texas, only 20 received this
award in 2005.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !Library
DEPT: City Manager
DATE: March 28, 2006
ITEM #: 8
AGENDA REQUEST FORM
ITEM CAPTION: Recognition of the city of Coppell as a GOLD WELCOA Well Workplace.
GOAL(S):
EXECUTIVE SUMMARY: Coppell is the first city in Texas to receive this award, and only four
cities in the U.S. have earned this distinction.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !Wellness
DEPT: City Secretary
DATE: March 28, 2006
ITEM #: 9
AGENDA REQUEST FORM
ITEM CAPTION:
Recognition of Coppell Firefighters who assisted in the West Texas fires during the week of March 13, 2006.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: %firemen
DEPT: City Manager
DATE: March 28, 2006
ITEM #: 10
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a proclamation naming April 2006 as SEXUAL ASSAULT
AWARENESS MONTH, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !Family
PROCLAMATION
WHEREAS, Sexual assault affects every adult, teen, and child in Coppell, either as a
victim/survivor of sexual assault or as a family member, significant other, friend, neighbor or co-
worker; and
WHEREAS, Few survivors of sexual violence seek help immediately after victimization
due to shame or fear of not being believed. In order to end sexual assault, we must alleviate these
fears. We must begin by believing; and
WHEREAS, Many citizens of Denton County are working to provide quality services and
assistance to sexual assault survivors; and hundreds of volunteers help staff 24-hour hotlines,
respond to emergency calls, offer support and advocacy during medical care and criminal justice
proceedings, and offer safe shelter; and
WHEREAS, Friends of the Family staff and volunteers promote sexual assault awareness
and avoidance by offering educational programs to schools, churches and civic organizations, as
well as professional training to medical, mental health, law enforcement and criminal justice
personnel regarding sexual assault issues; and
WHEREAS, Denton County Friends of the Family, other sexual assault programs, and other
professionals and advocates of non-violence have joined together as the Texas Association Against
Sexual Assault (TAASA) to support each other in our work and to provide Coppell and the State of
Texas and our citizens with a central source of information on sexual assault; and
WHEREAS, During the month of April, Friends of the Family will be intensifying efforts to
promote public understanding of sexual assault and victims of sexual assault, and Friends of the
Family will be emphasizing the need for citizen involvement in efforts to reduce sexual assault
through public education and changing public attitudes; and
WHEREAS, Friends of the Family will be working also to publicize their services, increase
community support for their agency and awareness of the healing potential for survivors.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do hereby
proclaim the month of April 2006 as
"SEXUAL ASSAULT AWARENESS MONTH"
IN WITNESS THEREOF, I have set my hand and caused the seal of the
City of Coppell to be affixed this _____ day of March 2006.
___________________________________
Douglas N. Stover, Mayor
ATTEST:
__________________________
Libby Ball, City Secretary
DEPT: City Manager
DATE: March 28, 2006
ITEM #: 11
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a proclamation naming April COPPELL SIGHT MONTH, and
authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !Lions
PROCLAMATION
WHEREAS, The Lions Club is recognized worldwide for their service to the
blind and visually impaired; and
WHEREAS, This service began when Helen Keller challenged the Lions to
become “knights of the blind in the crusade against darkness” during the association’s
1925 international convention; and
WHEREAS, The Coppell Lions Club carries on that valiant tradition with two
programs directed toward sight: eyeglass recycling and free doctor exams and glasses
for needy children in Coppell; and
WHEREAS, Coppell Lions will be collecting used prescription eyeglasses and
prescription and non-prescription sunglasses as part of a unique recycling program in
conjunction with Lions International Recycle for Sight, and they encourage all
citizens of Coppell to participate in this worthwhile endeavor.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do
hereby proclaim the month of April 2006 as
"COPPELL SIGHT MONTH "
IN WITNESS THEREOF, I have set my hand and caused the seal of the
City of Coppell to be affixed this _____ day of March 2006.
_____________________________
Douglas N. Stover, Mayor
ATTEST:
_____________________
Libby Ball, City Secretary
DEPT: City Manager
DATE: March 28, 2006
ITEM #: 12
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a proclamation naming March, 2006 as COLORECTAL CANCER
AWARENESS MONTH, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !Cancer
Proclamation
WHEREAS, Cancer is becoming a disease which, through a combination of prevention
and early treatment, is not the life-threatening illness it once was; and
WHEREAS, Colorectal cancer is the third most commonly diagnosed cancer and second
most common cause of cancer death in the United States with over 145,000 estimated diagnosed
cases and over 56,000 estimated deaths from colorectal cancer this year; and
WHEREAS, It is estimated that over 206 individuals in Collin County will be diagnosed
with colorectal cancer this year and it is estimated that there will be over 72 deaths from
colorectal cancer this year; and
WHEREAS, Colon cancer is one cancer that is preventable, and in recognition of that,
State law requires insurance companies to provide screening coverage for adults age fifty and
older through regular tests and to promote more healthful lifestyles to help prevent colon cancer.
NOW THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, and on behalf
of the City Council do hereby proclaim March 2006 as
COLORECTAL CANCER AWARENESS MONTH
in the City of Coppell, and urge citizens to schedule colon cancer screening and to take an active
role in preventing this disease.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of
Coppell to be affixed this _____ day of March 2006.
_______________________________________
Douglas N. Stover, Mayor
ATTEST:
____________________________
Libby Ball, City Secretary
DEPT: Parks and Recreation
DATE: March 28, 2006
ITEM #: 13
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a Proclamation naming April 1st as Clean Coppell Earthfest 2006, and authorizing the Mayor
to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: ^KCB Proc-1AR
PROCLAMATION
WHEREAS, The City of Coppell is a proud member of Keep Texas Beautiful and an affiliate of
Keep America Beautiful; and
WHEREAS, Over a thousand adult and youth volunteers in Coppell make a difference by picking up
litter and remembering to put trash where it belongs; and
WHEREAS, Keep Coppell Beautiful Committee assists the City of Coppell in litter prevention,
waste reduction, and beautification with volunteer supported programs like: Clean Coppell Earthfest,
Wildflower Planting, Adopt-a-Location, Master Composter Certification, Texas SmartScape, and the
Coppell Community Garden; and
WHEREAS, Keep Coppell Beautiful has expanded the 12th Annual Don't Mess with Texas Trash-
Off Day and the Great American Clean-up to kick off the Clean Coppell Earthfest on April 1, 2006; and
WHEREAS, Clean Coppell Earthfest is a 40 Assets in Action event with hundreds of youth involved
in planning and participating as a recognized event of the National/Global Youth Service Day; and
WHEREAS, Community volunteers will clean the right-of-ways, public spaces, senior citizens
yards, nature trails, historical features, and school grounds, and gather at the Earthfest for local music,
refreshments, environmental awareness booths, amusements, trunk sale, and recycling drop-off.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do hereby proclaim
April 1. 2006 as
"CLEAN COPPELL EARTHFEST 2006"
in the City of Coppell, Texas, and encourage our citizens to join in the effort to Keep Coppell Beautiful by
putting trash where it belongs everyday.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be
affixed this _____ day of March 2006.
______________________
Douglas N. Stover, Mayor
ATTEST:
_____________________
Libby Ball, City Secretary
DEPT: City Secretary
DATE: March 28, 2006
ITEM #: 14
AGENDA REQUEST FORM
ITEM CAPTION:
Report by the Keep Coppell Beautiful Committee.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: %boardreport
DEPT: City Manager
DATE: March 28, 2006
ITEM #: 15
AGENDA REQUEST FORM
ITEM CAPTION: Presentation by Youth Advisory Committee.
GOAL(S):
EXECUTIVE SUMMARY: Members of the Committee will provide an update to Council regarding the
Committee’s first year’s activities.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !Youth
DATE: March 28, 2006
ITEM #: 16
AGENDA REQUEST FORM
CITIZENS' APPEARANCES
ORDINANCE NO. 2001-964
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND
PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE
FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR
CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting City
Council Meetings," be, and the same is hereby, amended to read as follows:
"ARTICLE 1-10
RULES, TIMES AND PROCEDURES FOR CONDUCTING
CITY COUNCIL MEETINGS
". . .
1-10-6.2.1 CITIZENS APPEARANCE
Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign
a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers,
and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting.
Each speaker must state his or her name and address of residence. Presentations by individuals during the
"Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for
an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a
cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who
signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the
provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor,
individual, group or corporation (Charter Article 3, Section 3.12).
Agenda Request Form - Revised 09/02 Document Name: %citapp.doc
DEPT: City Secretary
DATE: March 28, 2006
ITEM #: 17/A
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of minutes: March 9, 2006.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
Agenda Request Form - Revised 02/04 Document Name: %minutes
MINUTES OF MARCH 9, 2006
The City Council of the City of Coppell met in Special Called Session on
Thursday, March 9, 2006, 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 (late arrival)
Tim Brancheau, Mayor Pro Tem
Jayne Peters, Councilmember
Brianna Hinojosa-Flores, Councilmember
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Bill York, Councilmember
Councilmember Suhy was absent from the meeting. Also present were City
Manager Jim Witt, City Secretary Libby Ball and City Attorney David Dodd.
1. Call to order.
Mayor Pro Tem Brancheau called the meeting to order, determined that a
quorum was present and convened into Executive Session.
Mayor Stover arrived immediately following the Call to order.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation
with City Attorney.
1. The City of Coppell and Coppell Independent School
District opposition to a change of zoning request of
the Billingsley Corporation in the City of Dallas,
Zoning Case Number Z045-107 and City of Coppell
vs. CB Parkway Business Center VI, et al in the
County Court at Law No. 3.
Mayor Stover convened into Executive Session at 5:46 p.m. as allowed
under the above-stated article. Mayor Stover adjourned the Executive
Session at 6:10 p.m. and opened the Regular Session.
cm030906
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ITEM # ITEM DESCRIPTION
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding the Citizen Summit.
B. Discussion regarding City/Texas Legislative Agenda.
C. Discussion regarding formation of Local Government
Corporation.
D. Discussion regarding Council Goals.
E. Discussion regarding Obstruction of Public Rights-of-Way.
F. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Pastor Dale Patterson of Hackberry Creek Church led those present in
the Invocation.
6. Pledge of Allegiance.
Members of Camp Fire USA led those present in the Pledge of Allegiance.
7. Consider approval of a proclamation naming March 16, 2006 as
ABSOLUTELY INCREDIBLE KID DAY® and authorizing the
Mayor to sign.
Presentation:
Mayor Stover read the Proclamation for the record and presented to
Derek Marshall and members of Camp Fire USA who were present.
Action:
Councilmember Peters moved to approve a proclamation naming
March 16, 2006 as ABSOLUTELY INCREDIBLE KID DAY and authorizing
the Mayor to sign. Councilmember Tunnell seconded the motion; the
motion carried 6-0 with Mayor Pro Tem Brancheau and Councilmembers
cm030906
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ITEM # ITEM DESCRIPTION
Peters, Hinojosa-Flores, Tunnell, Faught and York voting in favor of the
motion.
8. Citizens' Appearances.
There was no one signed up for this item.
9. Consider approval of minutes: February 23, 2006 &
February 28, 2006.
Action:
Councilmember Tunnell moved to approve the minutes of the February
23 and February 28, 2006 Council meetings. Councilmember Hinojosa-
Flores seconded the motion; the motion carried 6-0 with Mayor Pro Tem
Brancheau and Councilmembers Peters, Hinojosa-Flores, Tunnell,
Faught and York voting in favor of the motion.
10. PUBLIC HEARING (Continued):
Consider approval of Case No. PD-212-LI, Freeport North,
northern portion of Lot 1, Block 1, (CitiFinancial), zoning
change request from LI (Light Industrial) to PD-212-LI (Planned
Development-212-Light Industrial), to amend the approved Site
Plan to allow an expansion to the off-street parking areas; to
allow deficits in parking and landscaping, and to allow
additional site modifications on 12.28 acres of property
located at 1111 Northpoint Drive (southwest corner of
Northpoint Drive and Royal Lane).
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council and
indicated the Applicant had requested this item to be postponed until the
April 11, 2006 Council meeting.
Action:
Councilmember Peters moved to continue the Public Hearing and this
item until April 11, 2006. Councilmember Faught seconded the motion;
the motion carried 6-0 with Mayor Pro Tem Brancheau and
cm030906
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ITEM # ITEM DESCRIPTION
Councilmembers Peters, Hinojosa-Flores, Tunnell, Faught and York
voting in favor of the motion.
11. PUBLIC HEARING:
Consider approval of Case No. S-1094R2-C, Dairy Queen
Restaurant, zoning change request from S-1094R-C (Special
Use Permit-1094-Revised-Commercial) to S-1094R2-C (Special
Use Permit-1094 Revision 2-Commercial), to allow for the
renovation of the exterior facade of the existing building on
approximately 0.4 of an acre of property located at 110
Southwestern Boulevard (northwest corner of Southwestern
Boulevard and Denton Tap Road).
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Parrish Chapman, Applicant, made a presentation.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember Tunnell moved to close the Public Hearing and approve
Case No. S-1094R2-C, Dairy Queen Restaurant, zoning change request
from S-1094R-C (Special Use Permit-1094-Revised-Commercial) to S-
1094R2-C (Special Use Permit-1094 Revision 2-Commercial), to allow for
the renovation of the exterior facade of the existing building on
approximately 0.4 of an acre of property located at 110 Southwestern
Boulevard (northwest corner of Southwestern Boulevard and Denton Tap
Road). Councilmember York seconded the motion; the motion carried
6-0 with Mayor Pro Tem Brancheau and Councilmembers Peters,
Hinojosa-Flores, Tunnell, Faught and York voting in favor of the motion.
12. Necessary action resulting from Work Session.
There was no action necessary under this item.
cm030906
Page 4 of 5
ITEM # ITEM DESCRIPTION
13. Mayor and Council Reports.
A. Report by Mayor Stover regarding Dallas Christian
Leadership Prayer Breakfast.
B. Report by Mayor Stover regarding Presentation to
Northlake College Government Students.
C. Report by Councilmember Faught regarding Clean Coppell
Earthfest scheduled for April 1.
A. Mayor Stover reported he had attended the Dallas Christian
Leadership Prayer Breakfast given by Commissioner Mayfield.
Councilmember Peters also attended.
B. Mayor Stover gave a report regarding his speaking engagement in
Dr. Bach’s Government classes at Northlake College.
C. Councilmember Faught advised that Clean Coppell Earthfest is
scheduled for Saturday, April 1, 2006 from 9am to 12 noon at
Town Center.
14. Necessary Action Resulting from Executive Session.
There was no action necessary under this item.
There being no further business to come before the City Council, the meeting
was adjourned.
____________________________________
Douglas N. Stover, Mayor
ATTEST:
____________________________________
Libby Ball, City Secretary
cm030906
Page 5 of 5
DEPT: City Secretary
DATE: March 28, 2006
ITEM #: 17/B
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a Resolution of the City of Coppell, Texas, amending Resolution No. 2006-0228.3, Ordering
the General and Special Election for May 13, 2006, by providing for Early Voting by Personal Appearance at
Mobile Voting Locations, dates and times and amending the Address for Ballots by Mail; and authorizing the
Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
The Secretary of State has advised that our paperwork should reflect the mobile early voting locations designated
by CISD due to the fact that we service essentially the same voters.
This resolution also amends the address to request an Application for Ballot by Mail.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: %electionresolution
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO. ___________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, AMENDING RESOLUTION NO. 2006-0228.3,
ORDERING THE GENERAL AND SPECIAL ELECTION FOR
MAY 13, 2006, BY PROVIDING FOR EARLY VOTING BY
PERSONAL APPEARANCE AT MOBILE VOTING LOCATIONS,
DATES AND TIMES AND AMENDING THE ADDRESS FOR
BALLOTS BY MAIL; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on or about the 28th day of February, 2006, the Coppell City
Council passed Resolution No. 2006-0228.3 ordering the General and Special
election for May 13, 2006; and
WHEREAS, said Resolution also provided that such election be held as a
Joint Election administered by the Dallas County Elections Administrator in
accordance with the provisions of the Texas Election Code and a Joint Election
Agreement; and
WHEREAS, the Dallas County Elections Administrator has notified the
City that mobile voting at the dates, times and locations provided herein will be
available; and
WHEREAS, the City Council finds that Resolution No. 2006-0228.3
should be amended to include early voting by personal appearance at mobile
voting locations on the dates and at the times provided herein for the May 13,
2006 election.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF COPPELL, DALLAS COUNTY, TEXAS, THAT:
Section 1. That Resolution No. 2006-0228.3, passed on February 28,
2006, ordering a general and special election to be held on May 13, 2006 is
hereby amended to provide for early voting by personal appearance at any of
the following mobile voting locations at the dates and times listed below:
Monday, May 1, 2006 Coppell High School
Noon – 8:00 p.m. 185 W. Parkway Boulevard, Coppell
Tuesday, May 2, 2006 Austin Elementary School
7:30 a.m. – 9:30 a.m. 161 S. Moore Road, Coppell
Page 1 64592
Wednesday, May 3, 2006 Coppell Middle School East
7:00 a.m. – 7:00 p.m. 400 Mockingbird Lane, Coppell
Thursday, May 4, 2006 Valley Ranch Elementary School
2:30 p.m. – 8:30 p.m. 9800 Rodeo Drive, Irving
Friday, May 5, 2006 Wilson Elementary School
8:00 a.m. – 3:30 p.m. 200 S. Coppell Road, Coppell
Sunday, May 7, 2006 Lee Elementary School
1:00 p.m. – 6:00 p.m. 113 Samuel Boulevard, Coppell
Monday, May 8, 2006 Denton Creek Elementary School
7:00 a.m. – Noon 50 Natches Trace, Coppell
Monday, May 8, 2006 Coppell Middle School North
1:30 p.m. – 7:30 p.m. 120 Natches Trace, Coppell
Tuesday, May 9, 2006 Coppell Middle School West
11:00 a.m. – 8:00 p.m. 1301 Wrangler Drive
Section 2. That Resolution No. 2006-0228.3 of the City of Coppell,
Texas shall be amended to reflect that Application for a ballot by mail shall be
mailed to:
Bruce R. Sherbet
Chief Deputy Early Voting Clerk
Office of the Elections Department
8th Floor, Health and Human Service Building
2377 N. Stemmons Freeway
Dallas, Texas 75207
Section 3. That Resolution No. 2006-0228.3 of the City of Coppell,
Texas, shall remain in full force and effect, save and except as amended by this
Resolution.
Section 4. This Resolution shall become effective immediately from and
after its passage.
Page 2 64592
DULY RESOLVED AND ADOPTED by the City Council of the City of
Coppell, Texas, on this the ______ day of ________________, 2006.
CITY OF COPPELL, TEXAS
____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
____________________________________
ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 03/15/06)
Page 3 64592
Page 1 64592
UNA RESOLUCIÓN DEL AYUNTAMIENTO DE COPPELL, TEXAS
RESOLUCIÓN NÚM. _________________
UNA RESOLUCIÓN DEL AYUNTAMIENTO DE LA CIUDAD DE
COPPELL, TEXAS, REFORMANDO LA RESOLUCIÓN NÚM. 2006-
0228.3, DONDE SE HACE EL MANDATO DE CONVOCAR A
ELECCIONES GENERALES Y ESPECIALES EL DÍA 13 DE MAYO DEL
2006, DONDE SE CONTEMPLARÁ EL VOTO ANTICIPADO
COMPARECIENDO EN PERSONA EN LAS CASILLAS ELECTORALES
MÓVILES, LAS FECHAS Y HORARIO Y LAS REFORMAS A LAS
DIRECCIONES DE LAS CASILLAS ELECTORALES PARA SOLICITAR
LAS BOLETAS ELECTORALES POR CORREO, CONTEMPLANDO
TAMBIÉN UNA FECHA EN VIGOR.
CONSIDERANDO QUE, el día o alrededor del día 28 de febrero del 2006, el
Ayuntamiento de la Ciudad de Coppell aprobó la Resolución Núm. 2006-0228.3
donde se hace el mandato de convocar a elecciones Generales y Especiales el día 13
de mayo del 2006, y
CONSIDERANDO QUE, dicha Resolución también contemplaba que dichas
elecciones se llevarán a cabo como una elección conjunta administrada por el
Administrador Electoral del Condado de Dallas, según lo establecen las cláusulas
del Código Electoral de Texas y un Convenio Electoral Conjunto, y
CONSIDERANDO QUE, el Administrador Electoral del Condado de Dallas le
notificó al municipio que las elecciones en las casillas electorales móviles estarán
dispuestas en las fechas, horarios y lugares contemplados aquí, y
CONSIDERANDO QUE, el Ayuntamiento de la Ciudad determina que se
reforme la Resolución Núm. 2006-0228.3 con el fin de incluir el voto anticipado
compareciendo en persona en las casillas electorales móviles en las fechas y
horarios contemplados aquí para las elecciones del 13 de mayo del 2006.
AHORA, Y POR LO TANTO, QUE RESUELVA EL AYUNTAMIENTO
MUNICIPAL DE LA CIUDAD DE COPPELL, TEXAS, QUE:
Sección 1. Que la Resolución Núm. 2006-0288.3, se apruebe con fecha 28 de
febrero del 2006, con el mandato a convocar elecciones generales y especiales a
celebrarse el 13 de mayo del 2006, se reforma por este medio para contemplar el
voto anticipado compareciendo en persona en cualquiera de las casillas electorales
móviles mencionadas a continuación, en las fechas y horarios indicadas:
Page 2 64592
Lunes 1 de mayo del 2006 Escuela Preparatoria Coppell
Mediodía a las 8:00 p.m. 185 W. Parkway Boulevard, Coppell
Martes 2 de mayo del 2006 Escuela Primaria Austin
7:30 a.m. – 9:30 a.m. 161 S. Moore Road, Coppell
Miércoles 3 de mayo del 2006 Escuela de Educación Media Coppell - Este
7:00 a.m. – 7:00 p.m. 400 Mockingbird Lane, Coppell
Jueves 4 de mayo del 2006 Escuela Primaria Valley Ranch
2:30 p.m. – 8:30 p.m. 9800 Rodeo Drive, Irving
Viernes 5 de mayo del 2006 Escuela Primaria Wilson
8:00 a.m. – 3:30 p.m. 200 S. Coppell Road, Coppell
Domingo 7 de mayo del 2006 Escuela Primaria Lee
1:00 p.m. – 6:00 p.m. 113 Samuel Boulevard, Coppell
Lunes 8 de mayo del 2006 Escuela Primaria Denton Creek
7:00 a.m. - Mediodía 50 Natches Trace, Coppell
Lunes 8 de mayo del 2006 Escuela de Educación Media Coppell - Norte
1:30 p.m. – 7:30 p.m. 120 Natches Trace, Coppell
Martes 9 de mayo del 2006 Escuela de Educación Media Coppell - Oeste
11:00 a.m. – 8:00 p.m. 1301 Wrangler Drive
Sección 2. Que la Resolución Núm. 2006-0228.3 del Ayuntamiento Municipal
de Coppell, Texas deberá reformarse con el fin de que las solicitudes de boletas
electorales por correo les sean enviadas a:
Bruce R. Sherbet
Chief Deputy Early Voting Clerk
Office of the Elections Department
8th Floor, Health and Human Service Building
2377 N. Stemmons Freeway
Dallas, Texas 75207
Sección 3. Que la Resolución Núm. 2006-0228.3 del Ayuntamiento Municipal
de Coppell, Texas permanezca en vigor y en efecto, se conserve y acepte según la
reforma esta Resolución.
Page 3 64592
Sección 4. Que la Resolución entre en vigor inmediatamente a partir de su
aprobación.
DEBIDAMENTE RESUELTO Y APROBADO por el Ayuntamiento Municipal de
Coppell, Texas en este día _____ del mes de _____________ del año 2006.
AYUNTAMIENTO MUNICIPAL DE COPPELL,
TEXAS
____________________________________
DOUGLAS N. STOVER - ALCALDE
ATESTIGUÓ:
____________________________________
LIBBY BALL – SECRETARIA DEL
AYUNTAMIENTO
APROBADO POR SU CONTENIDO Y FORMA:
____________________________________
ROBERT E. HAGER – PROCURADOR DE JUSTICIA DEL MUNICIPIO (REH/cdb 03/15/06)
DEPT: Finance
DATE: March 28, 2006
ITEM #: 17/C
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a Resolution amending Resolution No. 010996.3, as heretofore amended,
with regard to meter testing fees, roll off container fees, the Coppell City Code (Building) fees, fire prevention
fees, general fees, special event fees and the solid waste collection fees, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY: This is the semi-annual update of the fees charged by the City for services provided.
Most fees are being revised to reflect current costs and practices. There is also some corrections and clarification
in the wording of the fees. The solid waste collection fees are being adjusted the 2.6% previously reported.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: $MasterFee-1AR
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO. __________________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS,
AMENDING RESOLUTION NO. 010996.3, THE MASTER FEE
SCHEDULE, AS AMENDED, BY AMENDING THE METER TESTING
FEES, IN PART; THE ROLL-OFF CONTAINER FEES, IN PART; THE
COPPELL CITY CODE (BUILDING) FEES, IN PART; THE FIRE
PREVENTION FEES, IN PART; THE GENERAL FEES, IN PART; THE
SPECIAL EVENT FEES, IN PART; AND THE GARBAGE COLLECTION
FEES, IN PART; AND PROVIDING A REPEALING CLAUSE AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, previously adopted
Resolution No. 010996.3 to provide for general and special fees and charges to be assessed and
collected by the City, as authorized by the Code of Ordinances and other applicable codes,
ordinances, resolutions, and laws; and
WHEREAS, the City Council of the City of Coppell desires to amend certain fees as set
forth therein and delete others as authorized by law;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That the Master Fee Schedule section entitled “Meter Testing Fees” be
amended, in part, to read as follows:
“….
Sec. 3-3-2, Restoration of Service
D. Meter Testing Fees:
3/4" meter $ 17.50 (Shop test)
1" meter $ 25.00 (Shop test)
1 1/2" meter $ 50.00 (Shop test)
2" meter $ 75.00 (Shop test)
3" meter $165.00 (Field test)
4" meter $200.00 (Field test)
6" meter $250.00 (Field test)
8" meter $300.00 (Field test)
10" meter $375.00 (Field test)
….”
SECTION 2. That the Master Fee Schedule section entitled "Roll-off Containers",
Section 3-5-11 be deleted.
1
SECTION 3. That the Master Fee Schedule section entitled "Coppell City Code
(Buildings)" be amended, in part, to read as follows:
“….
13) b. Reinspection fees assessed under
provisions of Section 108 of the IBC $50.00
….”
SECTION 4. That the Master Fee Schedule section entitled "Fire Prevention Fees" be
amended, in part, to read as follows:
“….
Sec. 15-5-1, Fire Prevention Fees
Automatic Sprinkler System Contractor License Delete
Fire Alarm System Contractor License Delete
Annual Fire Alarm or Suppression System Test Delete ….
….
Fire Sprinkler System Inspection - Underground $100.00
Fire Sprinkler System Inspection - Overhead $100.00
Fire Alarm System Plan Review & Inspection $ 50.00
Fire Prevention Re-inspection Fee $ 50.00 ….
….
Fire Suppression System Plan Review &
Inspection Fee $ 50.00
Egress Control Plan Review & Inspection Fee $ 50.00
….”
SECTION 5. That the Master Fee Schedule Section entitled "General Fees" be
amended, in part, to read as follows:
Library Fees:
“….
Overdue Fees on Books, Audio Tapes, Books on CD, $0.10 per day up to
and Magazines $7.00 per item
Overdue Fees on DVD's, Video Cassettes, Engravers $1.00 per day up to
and Cameras $10.00 per item
Fee for lost or damaged items Current list price
Fee to replace barcodes $1.00
Fee to replace interlibrary loan bands $1.00
Fee to replace cases or book jackets $1.00
….”
2
Special Event Fees:
“….
Dedicated Maintenance Unit with one Maintenance Worker
Dedicated Signal Unit with one Signal Technician
….”
Garbage Collection Fees
“….
1) Residential Garbage Customer $13.89 per month
Senior Citizen Residential Garbage Customer $12.50 per month
2) Commercial Garbage Collection Fees:
FREQUENCY
(Per Week)
3 YD 4 YD 6 YD 8 YD
1 $79.90 $98.07 $119.23 $151.05
2 $133.00 $191.03 $203.95 $257.61
3 $176.48 $261.91 $293.84 $363.09
4 $224.30 $337.68 $381.14 $460.73
5 $274.22 $409.51 $459.29 $564.72
6 $324.78 $491.45 $542.23 $668.97
Extra Pickups $26.48 $35.95 $38.23 $51.35
Commercial Hand Pickups $22.43
Redelivery Fee for Non-payment of Account $40.09
Compactors – Closed
Delivery Fee $74.78
Rental per Month $363.76
Charge per Pull
30 YD $310.72
35 YD $325.50
42 YD $363.76
Residential Roll-Off Permit $20.00
3
Residential Roll-Off Pricing 20 YD 30 YD 40 YD Special
Waste Haul
Monthly Rental $144.60 $144.60 $144.60 $144.60
Delivery Fee (Each) $53.77 $53.77 $53.77 $53.77
Cost Per Pull $214.61 $245.80 $311.86 $182.60
Liner (Special Waste) $45.04 $45.04 $45.04 $45.04
Disposal Cost included included included t.b.d. upon
type of waste
Front Load
Compactors
1X 2X 3X 4X 5X 6X 7X Emergency
pick-ups
2-yard FLC
2nd + unit
$282.20
$260.60
$364.29
$322.16
$447.41
$383.72
$530.53
$445.28
$612.62
$507.87
$695.74
$569.43
$778.86
$629.96
$92.36
3-yard FLC
2nd + unit
$296.56
$276.99
$395.07
$351.92
$491.53
$427.84
$590.05
$505.82
$686.56
$581.74
$785.02
$658.69
$883.53
$735.64
$102.62
4-yard FLC
2nd + unit
$331.45
$285.23
$424.83
$380.65
$542.84
$477.09
$660.85
$571.48
$778.86
$667.93
$894.82
$763.34
$1013.68
$858.76
$123.14
6-yard FLC
2nd + unit
$349.92
$328.32
$498.72
$455.54
$647.51
$581.74
$795.28
$708.97
$945.10
$836.19
$1094.74
$963.41
$1243.71
$1091.66
$133.40
8-yard FLC
2nd + unit
$399.18
$378.59
$579.78
$534.55
$759.36
$693.58
$939.97
$851.58
$1121.41
$1010.61
$1300.15
$1168.61
$1479.73
$1327.64
$143.66
Subtract $150 from service rates for customer-owned units.
Recycling Bins $5.00 each
SECTION 6. That all provisions of the resolutions of the City of Coppell, Texas, in
conflict with the provisions of this Resolution, except as noted herein, be, and the same are
hereby, repealed, and all other provisions not in conflict with the provisions of this Resolution
shall remain in full force and effect.
SECTION 7. That should any word, phrase, paragraph, or section of this Resolution be
held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this
4
5
Resolution as a whole, or any part or provision thereof other than the part so decided to be
unconstitutional, illegal or invalid, and shall not affect the validity of the Resolution as a whole.
SECTION 8. That this Resolution shall become effective immediately from and after its
passage as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day
of ______________________, 2006.
APPROVED:
__________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
__________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
__________________________________
CITY ATTORNEY
DEPT: Finance
DATE: March 28, 2006
ITEM #: 17/D
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a Resolution authorizing the execution of the Gas Standing Steering
Committee Participation Agreement, and authorizing its execution by the City Manager; and authorizing the
Mayor to sign the Resolution.
GOAL(S):
EXECUTIVE SUMMARY: Staff recommends approval of this resolution authorizing the City of Coppell to join
the coalition of north Texas cities in forming the Gas Standing Steering Committee to respond to the more frequent
gas rate filings. It appears Atmos Energy will be filing new gas rate cases and/or the GRIP interim rate increases
on an annual basis. The Participation Agreement will require the City of Coppell to pay a participation fee of 5
cents per capita or approximately $2,000 to cover the costs of lawyers and consultants to analyze, negotiate and
challenge if necessary, the gas company’s rate filings. Actual expenses incurred by the cities are reimbursable by
the regulated utility.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: $GasCommittee-1AR(Consent)
MEMO
To: Atmos Energy Cities
From: Jay Doegey, City Attorney
Date: March 2, 2006
Subject: Creation of a Gas Standing Steering Committee for Cities Served by Atmos
Energy
The purpose of this memo is to request your city’s participation with other Atmos cities
in current and upcoming gas utility regulatory and rate making cases before the Railroad
Commission of Texas or other court. Several issues currently being addressed include the
annual gas reliability infrastructure program- GRIP 1 (2003), GRIP 2 (2004), Gas Cost Review
(GUD 9530), Atmos Mid Tex Rate Case, and the cities challenge of the GRIP Rule. More
filings are anticipated.
The original Gas Cities Steering Committee was formed several years ago in response to
a gas gate rate filing by Lone Star Gas Company (TXU Gas and Atmos Energy’s predecessor).
Over the past six years, the gas distribution systems have been consolidated and the gas company
has filed rate cases annually. With the passage of the GRIP statute, this pattern is likely to
continue. The current Steering Committee has recommended the establishment of a more formal
organizational structure that will enable cities to respond more quickly to these frequent gas rate
filings. The Gas Standing Steering Committee organization will work similar to the Electric
Standing Steering Committee. The Steering Committee will have authority to act for members
with each member retaining the ability to opt out of any proposed rate case action.
A model resolution and participation agreement are attached. A participation fee of 5
cents per capita is being assessed to cover the costs of lawyers and consultants in representing
the Atmos cities in current and upcoming gas utility regulatory and rate making cases to preserve
the cities’ regulatory authority and reduce gas costs. Cities that have previously paid this amount
to participate in the original cities gas rate case fund are already credited with having made this
payment. (See attached list.) Expenses incurred are reimbursable by the regulated utility.
Be sure to send in your participation fee so that the Gas Standing Steering Committee can
effectively represent your city in pending and future Atmos Energy Corporation regulatory and
rate related matters.
Attachments
RESOLUTION NO. __________
A RESOLUTION AUTHORIZING THE EXECUTION
OF THE GAS STANDING STEERING COMMITTEE
PARTICIPATION AGREEMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
I.
The City Manager or designee is hereby authorized to execute the Atmos Gas
Standing Steering Committee Participation Agreement, a substantial copy of which is
attached as Attachment 1.
II.
Naming Jim Witt , City Manager
[NAME][TITLE]
jwitt@ci.coppell.tx.us , 255 Parkway Blvd
[EMAIL ADDRESS][STREET]
Coppell 75019 , Texas , as the
[CITY] [ZIP CODE]
representative to receive notices and carry out the responsibilities for the city as set forth
in Attachment 1.
III.
Authorizing the payment of the initial participation of 5¢ per capita, according to
City's population shown in the most recent TML Directory of Texas City Officials.
(2)
IV.
Directing that a certified copy of this resolution and the approved participation fee
be sent to:
Jay Doegey
City of Arlington
Post Office Box 231
Arlington, Texas 76004-0231
PRESENTED AND PASSED on this the ______ day of _____________, 2006, at a
regular meeting of the City Council of the City of Coppell, Texas.
Douglas N. Stover, Mayor
ATTEST:
________________________
Libby Ball, City Secretary
APPROVED AS TO FORM:
City Attorney
THE STATE OF TEXAS §
ATMOS GAS STANDING STEERING COMMITTEE
COUNTY OF DALLAS § PARTICIPATION AGREEMENT
THIS Agreement is made and entered into on this the _____ day of ______________, 2006,
by, between and among the CITY OF COPPELL, TEXAS ("CITY") and member cities of the
GAS STANDING STEERING COMMITTEE ("GSSC"). This Agreement is authorized by the
Texas Interlocal Cooperation Act (V.T.C.A. Texas Government Code, Chapter 791), and other
authorities.
W I T N E S S E T H:
WHEREAS, the cities in the service area of Atmos Gas have worked together collectively in a
coalition to participate in the regulatory process to assure gas rates charged were
just and reasonable; and
WHEREAS, the nature of gas utility regulation is undergoing substantial change as a result of
state and federal legislation; and
WHEREAS, there remains a need for cities to cooperate to assure the public interest is protected
and gas and other utility rates are just and reasonable; and
WHEREAS, regulatory changes now require quick response in order to have meaningful input
into the rate setting process; and
WHEREAS, it is necessary to provide adequate resources to enable cities to act quickly,
decisively, and jointly on gas utility regulatory developments; NOW THEREFORE,
In consideration of the premises, agreements, covenants and promises set forth herein, it is
agreed as follows:
1.
Atmos Gas Standing Steering Committee
Membership and Executive Committee
The CITY and the member cities hereby form the Gas Standing Steering Committee
("GSSC"). Each member city shall, by action of its governing body, approve its membership in the
GSSC and designate its representative to receive notices and participate in and vote at GSSC
meetings. The GSSC shall be composed of all cities paying the current nonrefundable membership
fee. The membership fee shall be established from time to time by the Executive Committee. The
fee for the initial period (approximately one year) is 5¢ per capita, according to the CITY's
population listed in the most recent Texas Municipal League Directory of Texas City Officials.
The members shall elect an Executive Committee consisting of no more than twenty (20) persons
which shall function as the Board of Directors. The Executive Committee shall at least include a
representative from all member cities with a population greater than 100,000, according to the most
recent Texas Municipal League Directory of Texas City Officials. The remainder of the
representatives shall be selected based upon diversity of geographic location and city population
size. Each city on the GSSC and each city on the Executive Committee shall have one vote,
(2)
respectively. Meetings of the Executive Committee shall be open to each city on the GSSC
whether or not it has a representative on the Executive Committee.
2.
Powers of the Executive Committee
The CITY and the member cities delegate to the Executive Committee the power to
intervene on behalf of GSSC member cities in gas projects, rulemaking, rate case, and related
dockets and appeals thereof, represent the interests of cities in utility matters before state and
federal legislative bodies and to pay for such activities. A member city may subsequently request
and cause its party status to be withdrawn from such activities. The Executive Committee shall fix
the amount of the membership fee from time to time.
3.
Election of Officers
The Executive Committee shall elect a chair and any co-chairs as it deems necessary who
shall serve at the pleasure of the Executive Committee. The Executive Committee shall also elect a
secretary/treasurer.
4.
Powers of the Officers
Each officer elected shall serve at the pleasure of the Executive Committee up to a term of
four (4) years. The Executive Committee shall elect or re-elect officers at least every four (4)
years. Unless terminated by the Executive Committee or the respective city governing body, the
officer shall perform the duties of office until a replacement has been elected. Meetings of the
Executive Committee and GSSC shall be upon call of the chair or two (2) members of the
Executive Committee. The Executive Committee shall meet at least annually. The chair is
authorized by action of the Executive Committee to engage consultants and attorneys and to pay
for such services.
5.
Termination of Membership
A city may terminate its membership by action of its governing body, or if said city fails to
pay its membership fee in full within one-hundred eighty (180) days after notification of fee due.
A city is considered notified on the day written notice is sent to its last designated representative on
file with the secretary/treasurer.
6.
Money Held in Trust
The officers shall hold and manage all money collected in trust for the benefit of the
member cities collectively. Officers may establish prudent fund accounts that accumulate funding
for activities and to pay authorized expenses. Officers shall serve without pay, but may be
reimbursed reasonable out-of-pocket expenses as approved by the Executive Committee. CITY
may request and receive a statement of GSSC revenues and expenses each year.
(3)
7.
Payment for Performance of Governmental Functions and Services Made from Current
Revenues
By entering into this Agreement, CITY affirms that it is paying for the performance of
governmental functions or services from current revenues available. The payments made under
this agreement fairly and adequately compensates the GSSC for the services or functions
performed under the contract.
8.
Legal Construction
In case any one or more of the terms, provisions, phrases or clauses contained in this
agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall be construed as if such invalid, illegal or unenforce-
able portion had never been contained herein.
9.
Entire Agreement
This contract embodies the complete agreement of the parties hereto superseding all oral or
written previous and contemporary agreements between the parties relating to matters herein and,
except as otherwise provided herein, cannot be modified without written agreement of the parties.
10.
No Other Obligations
By entering into this Agreement, the parties do not create any obligations, express or
implied, other than those set forth herein, and this Agreement shall not create any rights in parties
not signatories hereto.
11.
Immunity
It is expressly understood and agreed that in the execution of this Agreement, neither CITY
nor GSSC waives, nor shall be deemed to waive, any immunity or defense that would otherwise be
available to each against claims arising in the exercise of governmental powers and functions.
12.
Authority
The undersigned officers and/or agents are properly authorized to execute this Agreement
on behalf of the parties hereto, and each hereby certifies to the other that any necessary resolutions
extending such authority have been duly passed and are now in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated
above.
(4)
CITY OF COPPELL, TEXAS GAS STANDING STEERING COMMITTEE
BY: BY:
Jim Witt, City Manager Signature
Printed/Typed Name
Title
ATTEST:
CITY SECRETARY
Libby Ball
DEPT: Parks and Recreation
DATE: March 28, 2006
ITEM #: 17/E
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of the Annual Standards of Care for Day Camp Programs and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/04 Document Name: Standardsofcare
1
CITY OF COPPELL YOUTH PROGRAMS
STANDARDS OF CARE
The Standards of Care are intended to be minimum standards by which the City of Coppell Parks
& Recreation Department will operate the City's Youth Programs. The programs operated by the
City are recreational in nature and are not day care programs.
GENERAL ADMINISTRATION
Organization
A. The governing body of the City of Coppell Youth Programs is the Coppell City
Council.
B. Implementation of the Youth Programs Standards of Care is the responsibility of
the Parks & Recreation Department Director and Departmental employees.
C. Youth Program ("Program") to which these Standards of Care will apply is the
Summer Recreation Program and selected days off from the school calendar.
D. Each Youth Program site will have available for public and staff review a current
copy of the Standards of Care.
E. Parents of participants will be provided a current copy of the Standards of Care
during the registration process.
F. Criminal background checks will be conducted on prospective Youth Program
employees. If results of the criminal check indicate that an applicant has been
convicted of any of the following offenses, he or she will not be considered for
employment:
(1) a felony or a misdemeanor classified as an offense against a person or
family;
(2) a felony or misdemeanor classified as public indecency;
(3) a felony or misdemeanor violation of any law intended to control the
possession or distribution of any controlled substance;
(4) any offense involving moral turpitude;
(5) any offense that would potentially put youth participants or the City of
Coppell at risk.
2
Definitions
A. City: City of Coppell
B. City Council: City Council of the City of Coppell
C. Department: Parks & Recreation Department of The City of Coppell
D. Youth Programs or Program: City of Coppell Youth Programs currently
consisting of the Summer Recreation Program and selected days off from school.
E. Program Manual: Notebook of policies, procedures, required forms, and
organizational and programming information relevant to Coppell Youth
Programs.
F. Director: City of Coppell Parks & Recreation Department Director or his or her
designee.
G. Parks & Recreation Manager: City of Coppell Parks and Recreation
Department’s Recreation Manager.
H. Recreation Services Supervisor: City of Coppell Parks & Recreation Department
Recreation Services Supervisor.
I. Site Director: City of Coppell Parks & Recreation Department
Seasonal/Temporary Programmer who has been assigned administrative
responsibility for a Coppell Youth Program.
J. Program Counselor: City of Coppell Parks & Recreation Department
Seasonal/Temporary employee who has been assigned responsibility to
implement the City's Youth Program.
K. Program Site: Area and facilities where Coppell Youth Programs are held
consisting of the Coppell Independent School District Campus and the Aquatic
and Recreation Center.
L. Participant: A youth whose parent(s) have completed all required registration
procedures and determined to be eligible for a Coppell Youth Program.
M. Parent(s): This term will be used to represent one or both parent(s) or adults who
have legal custody and authority to enroll their child(ren) in Coppell Youth
Programs.
N. Employee(s): Term used to describe people who have been hired to work for the
City of Coppell and have been assigned responsibility for managing,
administering, or implementing some portion of the Coppell Youth Programs.
O. Recreation Center: The Coppell Independent School District campuses or the
Aquatics and Recreation Center which hosts the Summer Recreation Program
and selected days off from school.
3
Inspections/Monitoring/Enforcement
A. A monthly inspection report will be initiated by the Site Director of each
Program to confirm that the Standards of Care are being met.
(1) Inspection reports will be sent to the Recreation Services Supervisor for
review and kept on record for at least two years.
(2) The Parks & Recreation Department’s Recreation Manager will review
the report and establish deadlines and criteria for compliance with the
Standards of Care.
B. The Recreation Manager will make visual inspections of the Program based on
the following schedule:
(1) The Summer Recreation Program will be inspected twice during its
summer schedule. In addition, selected days at the Aquatics and
Recreation Center will be visited during the school year.
C. Complaints regarding enforcement of the Standards of Care will be directed to
the Site Director. The Site Director will be responsible to take the necessary
steps to resolve the problems. The Site Director will record complaints regarding
enforcement of the Standards of Care and their resolution. The Recreation
Services Supervisor will address serious complaints regarding enforcement of the
Standards of Care and the complaint and resolution will be noted.
D. The Parks & Recreation Department’s Recreation Manager will make an annual
report to the City Council on the overall status of the Youth Program and its
operation relative to compliance with the adopted Standards of Care.
Enrollment
A. Before a child can be enrolled a parent must sign registration forms that contain
the child's:
(1) name, address, home telephone number;
(2) name and address of parents and telephone number during Program
hours;
(3) the names and telephone numbers of people to whom the child can be
released or names of those who may not pick them up;
(4) a statement of the child's special problems or needs;
(5) emergency medical authorization;
(6) proof of residency when appropriate; and
(7) a liability, photo and movie waiver
4
Suspected Abuse
Program employees will report suspected child abuse or neglect in accordance with the
Texas Family Code.
STAFFING - RESPONSIBILITIES AND TRAINING
Site Director Qualifications
A. Site Director will be Seasonal/Temporary professional employees of the City of
Coppell Parks & Recreation Department and will be required to have all
Recreation Site Director qualifications as outlined in this document.
B. Site Director must be at least 21 years old
C. Site Director must have a bachelor's degree from an accredited college or
university. Acceptable degrees include:
(1) Recreation Administration or General Recreation
(2) Physical Education, Secondary or Elementary Education
(3) Any other comparable degree plan that would lend itself to working in a
public recreation environment
D. Site Director must have two years experience planning and implementing
recreational activities.
E. Site Director must pass a background investigation including testing for illegal
substances.
F. Site Director must have successfully completed a course in First Aid and Cardio-
Pulmonary Resuscitation (CPR) based on either American Heart Association or
American Red Cross standards.
G. Site Director must be able to furnish proof of a clear tuberculosis test within 12
months prior to their employment date.
Site Director's Responsibilities
A. Site Directors are responsible to administer the Programs' daily operations in
compliance with the adopted Standards of Care.
B. Site Directors are responsible to recommend for hire, supervise, and evaluate
Counselors.
C. Site Directors are responsible for planning, implementing, and evaluating
programs.
5
Counselor Qualifications
A. Counselors will be Seasonal/Temporary employees of the Parks & Recreation
Department.
B. Counselors working with children must be age 16 or older; however, each site
will have at least one employee 18 years old or older present at all times.
C. Counselors should be able to consistently exhibit competency, good judgment,
and self-control when working with children.
D. Counselors must relate to children with courtesy, respect, tolerance, and patience.
E. Counselors must have successfully completed a course in First Aid and CPR
based on either American Heart Association or American Red Cross standards.
An exception can be made for no more than one staff person at each site and that
person shall successfully complete a First Aid and CPR course within two weeks
of starting work.
F. Each Counselor must be able to furnish proof of a clear tuberculosis test within
the 12 months prior to their employment date.
G. Counselors must pass a background investigation including testing for illegal
substances.
Counselor Responsibilities
A. Counselors will be responsible to provide participants with an environment in
which they can feel safe, can enjoy wholesome recreation activities, and can
participate in appropriate social opportunities with their peers.
B. Counselors will be responsible to know and follow all City, Departmental, and
Program standards, policies and procedures that apply to Coppell Parks and
Recreation Youth Programs.
C. Counselors must ensure that participants are released only to an authorized parent
or an authorized adult designated by the parent. All Program sites will have a
copy of the Department approved plan to verify the identity of a person
authorized to pick up a participant if that person is not known to the Counselor.
Training/Orientation
A. The Department is responsible for providing training and orientation to Program
employees in working with children and for specific job responsibilities. Site
Directors will provide each Counselor with a Program manual specific to the
Youth Program.
B. Program employees must be familiar with the Standards of Care for Youth
Program operation as adopted by the City Council.
6
C. Program employees must be familiar with the Program's policies including
discipline, guidance, and release of participants as outlined in the Program
Manual.
D. Program employees will be trained in appropriate procedures to handle
emergencies by the Recreation Services Supervisor/professionals in the field.
E. Program employees will be trained in areas including City, Departmental, and
Program policies and procedures, provision of recreation activities, safety issues,
child psychology, and organization.
F. Program employees will be required to sign an acknowledgement that they
received the required training.
OPERATIONS
Staff-Participant Ratio
A. In a Coppell Youth Program, the standard ratio of participants to Counselors
shall not exceed 20 to 1. In the event a Counselor is unable to report to the
Program site, a replacement will be assigned.
B. Each participant shall have a Program employee who is responsible for him or
her and who is aware of the participant's habits, interests, and any special
problems as identified by the participant's parent(s) during the registration
process.
Discipline
A. Program employees will implement discipline and guidance in a consistent
manner based on the best interests of Program participants.
B. There must be no cruel or harsh punishment or treatment.
C. Program employees may use brief, supervised separation from the group if
necessary.
D. As necessary, Program employees will initiate discipline reports to the parent(s)
of participants. Parents will be asked to sign discipline reports to indicate they
have been advised about specific problems or incidents.
E. A sufficient number and/or severe nature of discipline reports as detailed in the
Program Manual may result in a participant being suspended from the Program.
F. In instances where there is a danger to participants or staff, offending participants
will be removed from the Program site as soon as possible.
7
Programming
A. Program employees will attempt to provide activities for each group according to
the participants' ages, interests, and abilities. The activities must be appropriate
to participants' health, safety, and well being. The activities also must be flexible
and promote the participants' emotional, social, and mental growth.
B. Program employees will attempt to provide indoor and outdoor time periods that
include:
(1) Alternating active and passive activities;
(2) Opportunity for individual and group activities, and
(3) Outdoor time each day weather permits.
Communication
A. The Program site will have a mobile phone to allow the site to be contacted by
Parks & Recreation personnel or for making emergency calls.
B. The Site Director will post the following telephone numbers adjacent to a mobile
phone accessible to all Program employees at the site:
(1) Coppell Ambulance or Emergency Medical Services;
(2) Coppell Police Department;
(3) Coppell Fire Department;
(4) Coppell Independent School District campuses;
(5) Numbers at which parents may be reached;
(6) The telephone number for the site itself.
Transportation
A. Before a participant may be transported to and from city sponsored activities, a
transportation form, completed by the parent of the participant, must be filed with
the Site Director.
B. First Aid supplies and a First Aid and emergency care guide will be available in
all Program vehicles that transport children.
C. All Program vehicles used for transporting participants must have available a 6-
BC portable fire extinguisher which will be installed in the passenger
compartment of the vehicle and must be accessible to the adult occupants.
8
FACILITY STANDARDS
Safety
A. Program employees will inspect the Program site daily to detect sanitation and
safety concerns that might affect the health and safety of the participants. A
daily inspection report will be completed by Program employees and kept on file
by the Site Director.
B. Buildings, grounds, and equipment on the Program site will be inspected,
cleaned, repaired, and maintained to protect the health of the participants.
C. Program equipment and supplies must be safe for the participants' use.
D. Program employees must have First Aid supplies readily available at each site,
during transportation to an off-site activity, and for the duration of any off-site
activity.
E. Program air conditioners, electric fans, and heaters must be mounted out of
participants' reach or have safeguards that keep participants from being injured.
F. Program porches and platforms more than 30 inches above the ground must be
equipped with railing participants can reach.
G. All swing seats at the Program site must be constructed of durable, lightweight,
relatively pliable material.
H. Program employees must have First Aid supplies readily available to staff in a
designated location. Program employees must have an immediately accessible
guide to First Aid and emergency care.
I.Restrooms will be inspected on a frequent basis to insure that no undesirable
activity is occurring. Manual logs will be included with inspection reports
indicated above to show that staff checks restrooms.
Fire
A. In case of fire, danger of fire, explosion, or other emergency, Program
employees' first priority is to evacuate the participants to a designated safe area.
B. The Program site will have an annual fire inspection by the local Fire Marshall,
and the resulting report will detail any safety concerns observed. The report will
be forwarded to the Director of Parks & Recreation who will review and
establish deadlines and criteria for compliance. Information from this report will
be included in the Director of Parks & Recreation annual report to the Council.
C. The Program site must have at least one fire extinguisher approved by the Fire
Marshall readily available to all Program employees. The fire extinguisher is to
be inspected monthly by the Site Director, and a monthly report will be
forwarded to the Recreation Manager who will keep the report on file for a
9
minimum of two years. All Program employees will be trained in the proper use
of fire extinguisher.
D. Fire drills will be initiated at Program sites based on the following schedule:
(1) Summer Recreation Program: A fire drill twice during the session.
Health
A. Illness or Injury
(1) A participant who is considered to be a health or safety concern to other
participants or employees will not be admitted to the Program.
(2) Illnesses and injuries will be handled in a manner to protect the health of
all participants and employees.
(3) Program employees will follow plans to provide emergency care for
injured participants with symptoms of an acute illness as specified in the
Program manual.
(4) Program employees will follow the recommendation of the Texas
Department of Health concerning the admission or readmission of any
participant after a communicable disease.
B. Program employees will administer medication only if:
(1) Parent(s) complete and sign a medication form that provides
authorization for staff to dispense medication with details as to time and
dosages. The form will include a hold harmless clause to protect the
City.
(2) Prescription medications are in the original containers labeled with the
child's name, a date, directions, and the physician's name. Program
employees will administer the medication only as stated on the label.
Program employees will not administer medication after the expiration
date.
(3) Nonprescription medications are to be labeled with the child's name and
the date the medication was brought to the Program. Nonprescription
medication must be in the original container. Program employees will
administer it only according to label direction.
(4) Medication dispensed will be limited to routine oral ingestion not
requiring special knowledge or skills on the part of Program employees.
The Program employees will administer no injections.
(5) Program employees must ensure medications are inaccessible to
participants or, if it is necessary to keep medications in the refrigerator
(when available), medications will be kept separate from food.
10
C. Toilet Facilities
(1) The Program site will have inside toilets located and equipped so
children can use them independently and Program staff can supervise as
needed.
(2) There must be one flush toilet for every 30 children. Urinals may be
counted in the ratio of toilets to children, but they must not exceed 50%
of the total number of toilets.
(3) An appropriate and adequate number of lavatories will be provided.
D. Sanitation
(1) The Program facilities must have adequate light, ventilation, and heat.
(2) The Program must have an adequate supply of water meeting the
standards of the Texas Department of Health for drinking water and
ensure that it will be supplied to the participants in a safe and sanitary
manner.
(3) Program employees must see that garbage is removed from buildings
daily.
DEPT: Parks and Recreation
DATE: March 28, 2006
ITEM #: 17/F
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a Professional Services Agreement to GreenPlay, LLC, for consulting services to prepare a
Parks and Recreation Master Plan, in the amount of $74,925.00, as budgeted, and authorizing the City Manager to
sign.
GOAL(S):
EXECUTIVE SUMMARY:
The current Coppell Parks, Recreation and Open Space Master Plan was finalized and approved in 1998.
Generally, comprehensive Master Plans of this scope have an effective life of about five years, after which time,
the community will have different ideas about what is important and desired for it’s park system. The 1998 Plan
has reached the end of its useful life. The Parks and Recreation Master Plan under consideration will take an in-
depth look at the existing facilities, services offered, maintenance practices, current and future funding levels and
benchmarking with selected communities.
This project will require significant input from the community through public hearings and focus group meetings.
Park Board, City Council, user groups and invited informal user input will be sought. The Parks and Recreation
staff will also have opportunities to set future goals for their area of responsibility throughout the process. It is
estimated that the entire process will take approximately 10 months to complete.
It is recommended award of this Agreement with GreenPlay, LLC, in the amount of $74,925.00.
FINANCIAL COMMENTS: Funds have been budgeted in the Park and Recreation Administration Budget,
Other Professional Services (01-12-01-4220).
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/04 Document Name: Parks & Rec Master Plan
PARKS AND RECREATION DEPARTMENT
CITY COUNCIL AGENDA ITEM
Date: March 28, 2006
To: Mayor and City Council
From: Brad Reid, Director
Re: Consider approval of award of a Professional Services Agreement to GreenPlay,
LLC, for services related to preparing a Parks and Recreation Master Plan, in the amount
of $74,925.00, as budgeted, and authorizing the City Manager to sign.
Background:
The importance of a Master Plan for a municipal Parks and Recreation Department
cannot be overemphasized. A primary component of the Master Plan development
process is attempting to reconnect with some constituents that we may not have heard
from in awhile, and to make new connections in the community. This process will allow
for numerous opportunities for interaction with the general public, park users, Board
members and policy makers. The ultimate intent is to create a living document that will
guide the decisions regarding Coppell park and recreation facilities and offerings for
years to come.
The current Coppell Parks, Recreation and Open Space Master Plan was finalized and
approved in 1998. Generally, comprehensive Master Plans of this scope have an
effective life of about five years, after which time the community will have different
ideas about what is important and desired for it’s park system. The 1998 Plan has
reached the end of its useful life. The Parks and Recreation Master Plan under
consideration will take an in-depth look at the existing facilities, services offered,
maintenance practices, current and future funding levels and benchmarking with selected
communities. It will encapsulate the vision and mission for the Parks and Recreation
Department for the coming years and specify goals and objectives to create the
established vision.
This project will require significant input from the community through public hearings
and focus group meetings. Park Board, City Council, user groups and invited informal
user input will be sought. The Parks and Recreation staff will also have opportunities to
set future goals for their area of responsibility throughout the process. It is estimated that
the entire process will take approximately 10 months to complete.
City Council Action requested:
Approval of award of a Professional Services Agreement to GreenPlay, LLC, for services
related to preparing a Parks and Recreation Master Plan, in the amount of $74,925.00, as
budgeted, and authorizing the City Manager to sign
Staff Recommendation:
Approval of this item.
AGREEMENT FOR PROFESSIONAL SERVICES
Page 1
STATE OF TEXAS §
§
§ AGREEMENT FOR PROFESSIONAL SERVICES
§
COUNTY OF DALLAS §
This Agreement ("AGREEMENT") is made by and between the City of Coppell
("CITY"), a Texas municipality, and GreenPlay, LLC ("GREENPLAY") acting by and
through their authorized representatives for the benefit of the City of Coppell, Texas ("CITY").
RECITALS:
WHEREAS, the CITY wishes to have developed a PARKS AND RECREATION
MASTER PLAN (PROJECT); and
WHEREAS, the CITY desires to begin the PROJECT and has selected GREENPLAY
to perform professional services, without the requirement to bid for such services, in accordance
with the requirements in Chapter 252 of the Texas Local Government Code; and
WHEREAS, the CITY desires to engage the services of GREENPLAY, as an
independent contractor and not as an employee, to perform the work associated with and other
Professional Services for the PROJECT on the terms and conditions provided in this
AGREEMENT; and
WHEREAS, the CITY shall act by and through the CITY's Director of Parks and
Recreation; and
WHEREAS, GREENPLAY desires to render Professional Services for the CITY on the
terms and conditions provided in this AGREEMENT for the benefit of the CITY;
NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the
parties agree as follows:
A. TERM
The term of this AGREEMENT shall begin on the date of its execution by all parties.
This AGREEMENT shall continue until GREENPLAY completes the Professional Services
required herein to the satisfaction and acceptance by the CITY, unless sooner terminated as
provided herein.
AGREEMENT FOR PROFESSIONAL SERVICES
Page 2
B. SCOPE OF PROJECT
Purpose
The purpose of this project is to prepare a Parks and Recreation Departmental Master
Plan for and in coordination with the Parks and Recreation Department, the Park Board,
the City Council and the citizens of Coppell.
C. SERVICES IN CONNECTION WITH THE PROJECT
GREENPLAY agrees to provide the following services:
1. Start-up and Orientation
a. Provide a Detailed Work Plan
b. Orientation Meeting with Advisory Committee and Staff
2. Needs Assessment and Public Involvement
a. Hold Public Input and Focus Meetings (Park and Recreation Board, City
Council, key stakeholder interviews, Youth Advisory Committee, and
staff members) necessary to receive pertinent public comment.
b. Perform Inventory and Site Analysis
c. Develop and administer a statistically valid Citizen Phone Survey
d. Demographics and Trends Analysis (determine the trends of recreation in
the Coppell community based on current and projected demographics).
e. Benchmarking –compile relevant benchmarking and comparison data
from similar agencies in the region.
3. Inventory and Assessment of Existing Conditions
a. Parks, Open Space and Recreation Facilities: provide determination of
current conditions, use patterns, environmental and economic impacts
using the Geo-Referenced Amenities Standards Program (GRASP).
b. Inventory and Analysis of Recreation Programs and Services: develop a
comprehensive inventory of existing City programs and services and the
services offered by other entities in the community.
4. Analysis for Operations, Maintenance and Marketing
a. Ranking and Prioritizing Demand Opportunities: create mapping and
graphic information based on inventories, GRASP methodology and needs
assessment findings.
b. Identification of Development Improvements, Land Acquisition and
Standards: evaluate opportunities for growth based on community needs
AGREEMENT FOR PROFESSIONAL SERVICES
Page 3
c. Strategic Planning and Organizational Development: review and evaluate
personnel and resources for efficient operations and maintenance related
to industry “best practices”. Provide an analysis of the department’s
current organizational conditions, administrative functions, marketing and
technology usage to develop recommendations for improvement in
services to the community.
5. Financial Resources Allocation
a. Conduct an analysis of the current budget procedures, resources, capital
improvement plans, cost recovery, traditional and alternative funding,
pricing methodology, user fees and recommend adjustments as necessary.
b. Provide a summary of the Financial Analysis: Cost projections with cost
recovery for operations, staffing and maintenance, costs associated with
maintaining the current level of service (LOS) and recommended LOS for
5, 10 and 20 years, costs and revenues related to capital funding available
from fees, identification of the total capital funds projected to be generated
under the LOS scenarios, and identification of traditional and alternative
funding sources to meet future needs.
6. Master Plan Recommendation, Implementation and Action Plan
a. Collect and analyze demographic information, information on
participation, needs and desires, operations, programming and land use
trends, and LOS recommendations. Provide usable and workable
definitions, standards and recommendations for designated parks and open
spaces, recommend appropriate operations, staffing, programming and
funding needs, provide clear programming direction based on standards
and demand analysis and address issues, strategies, priorities and budget
analysis for the short, mid and long term planning to improve future parks
and service offerings.
7. Final Plans and Presentations
a. Provide the following:
• Electronic versions of the DRAFT PLAN to be used for distribution
and review, plus one reproducible and 25 bound hard copies.
• Electronic versions of the FINAL PLAN (2 disks) in MS Word and
.PDF versions, 25 bound copies in well-formatted version, one color
reproducible of the Plan and the Executive Summary.
• All spatial information in a format readable by common GIS software
(including a copy of the free “ArcView” reader software. Final plans
will be reproduced in replicable .PDF and color poster formats. All
materials will be digitally integrated with GIS formats coordinated
with the City of Coppell formats and adaptable to print and website
applications.
AGREEMENT FOR PROFESSIONAL SERVICES
Page 4
D. MEETINGS
1. Kick off Meeting: GREENPLAY will conduct a kick off meeting with Parks and
Recreation Department Staff and Advisory Board members to review the Detailed
Work Plan, and formalize the timeline and details of the Master Planning process.
2. Public Involvement: GREENPLAY will facilitate meetings with appropriate
user groups, associations, Boards, City Council, staff and other stakeholders to
receive input for the planning process. This will include at least one full public
hearing.
3. Public Process: GREENPLAY will meet with Staff and the Advisory Board to
come to consensus on the survey questions, identify strengths, weaknesses,
opportunities and key issues.
4. Inventory and Site Analysis: GREENPLAY will facilitate a comprehensive tour
of facilities to become familiar with all key parks.
5. Financial Resource Analysis: GREENPLAY will facilitate meetings with
appropriate entities to determine Benchmarking/comparisons, trends and
projections analysis, demographic implications, recreation program inventory and
review, operation, maintenance and marketing analysis and strategic planning and
organizational development.
6. Recommendations and Action Plans: GREENPLAY will facilitate meetings to
present a “Findings Compilation” and receive input as to the perceived validity of
the findings, request approval to proceed based on these findings and identify
additional facts for consideration. Meetings to be held with identified Staff,
Advisory Board and a public hearing with the City Council.
7. Presentation of the Draft Plan: GREENPLAY will facilitate meetings with the
identified staff, Advisory Board, City Council to present the Draft Master Plan
including all draft analysis, recommendations and Action Plan strategies.
8. Presentations for Approvals: GREENPLAY will facilitate meetings with the
identified staff, Advisory Board and the public at a City Council meeting to
present the Final Parks and Recreation Master Plan.
AGREEMENT FOR PROFESSIONAL SERVICES
Page 5
E. LIMITATIONS AND EXCLUSIONS
The following items are specifically excluded from services provided in this contract
which are as follows:
1. Excluded from the Basic Professional Services, unless otherwise provided for as
an Additional Professional Services in a future Agreement, are the coordination or
securing of:
a. Environmental Services & Assessments;
b. Permitting processes and permits;
c. Additional visits, except as noted herein;
d. Zoning and platting services;
e. Meetings or presentations not specified herein, additional meetings will be billed
at an hourly rate agreed upon;
f. Graphic products except as noted herein
g. Attendance or preparation for meetings and public hearings except as noted
herein
F. CITY OBLIGATIONS
1. The CITY shall provide information regarding requirements for the PROJECT,
including a program, which will set forth the CITY's PROJECT objectives, constraints,
and criteria, flexibility, expendability and special requirements. The CITY will provide
funding in an amount not to exceed the authorized payments in this AGREEMENT for
the PROJECT, with timely revisions appropriate to the stages of Professional Services.
2. The CITY shall meet with GREENPLAY as required for the timely completion of the
Professional Services. All meetings will take place within the CITY.
3. The CITY shall designate a single representative to act on its behalf with respect to the
PROJECT, who will examine documents submitted by GREENPLAY and will
promptly render decisions pertaining thereto to avoid unreasonable delay in the progress
of the Professional Services.
4. The CITY shall report promptly in writing to GREENPLAY any fault or defect in the
Professional Services or non-conformance with the provisions of this Agreement.
AGREEMENT FOR PROFESSIONAL SERVICES
Page 6
6. The CITY shall provide prints or reproducible copies of other mapping information in its
files to include: CITY plans, base maps, zoning maps, subdivisions and street plans,
aerial photographs, topographic maps, utility locations, and the like as are related and
significant to the Professional Services.
G. COMPENSATION
Compensation for the performance of Professional Services shall be paid to
GREENPLAY by the CITY. All compensation provided for additional services in this Section
shall be based on the Schedule of Charges for 2006 which is attached hereto and made a part
hereof as Exhibit "A" to this AGREEMENT. Compensation shall be based on combinations of
the following methods, which are defined below:
1. A Stipulated Sum, which is predetermined.
2. The Hourly Invoice method, whereby services performed and time spent invoices are
written for the hourly charge rates of the personnel time, task billing, and procedures that
are necessary to accomplish the described services.
3. Reimbursable Expenses are additional and are not included in the compensation for Basic
Professional Services. Expense payments shall also include Direct Non-Labor Expenses
that, in general, include expenses for couriers, transportation, travel, and similar
incidentals. The Direct Non-Labor expenses shall be reimbursable at actual invoice cost
plus 10%. Reimbursable Expenses include items such as the direct costs of printing
additional copies of the Documents, or additional travel not included in the Basic
Professional Services.
Other reimbursable expenses may come due. However, reimbursable expenses shall not
include local transportation, long-distance communications, postage, computer-aided
design and drafting equipment, nor the costs of routine reproductions incidental to the
production of final or review copies of the Contract Documents.
4. Basic Professional Services.
Compensation for these services shall be the stipulated sum of $69,925.00.
This amount includes all services related to the execution of the scope of the PROJECT
as outlined above. Also included are costs associated with thirteen (13) individual travel
related trips to Coppell from various locations, as is estimated by GREENPLAY to
complete the PROJECT. Expenses for additional trips will be considered Reimbursable.
AGREEMENT FOR PROFESSIONAL SERVICES
Page 7
Payment shall be made no more often than once per month, per the following schedule:
TASK AMOUNT
• Start-up/Orientation $ 3,550
• Needs Assessment/Public Involvement $24,725
• Inventory/Assessment $ 9,550
• Analysis of Operations, Maintenance and Marketing $11,550
• Financial Resource Analysis $ 7,025
• Recommendations and Action Plans $ 6,475
• Final Plans, Presentations, Production $ 7,050
TOTAL $69,925
5. Project Cancellation.
In the event that the PROJECT is abandoned, GREENPLAY shall receive final
payment up to the completion and full performance of the work completed.
H. ADDITIONAL SERVICES
GREENPLAY agrees that these contract allowances include the maximum anticipated charges
that may be required to complete the described scope of Professional Services. Invoices will
reflect the actual direct charges for time and materials, and their totals may be less than the
allowance.
1. Reimbursable Expenses and Other Professional Services.
For the contingencies of Reimbursable Expenses and Other Professional Services,
compensation will include the direct expenses of the service provider plus appropriate stipulated
sums or hourly invoice charges for the services of GREENPLAY personnel.
a. The CITY will establish a contract allowance of $5,000.00. for unanticipated
Reimbursable Expenses and Other Professional Services.
I. TIME FOR COMPLETION
Professional Services provided by GREENPLAY for benefit of the CITY shall be
completed in accordance with the following. For the purposes of this AGREEMENT, a month
is defined as thirty (30) calendar days and a week as seven (7) calendar days. If any of the
following submissions fall on a CITY non-working day, then the submission will be due the
following CITY working day. Notwithstanding the requirements of this section it is understood
AGREEMENT FOR PROFESSIONAL SERVICES
Page 8
and agreed on all parties to this AGREEMENT that unknown factors beyond the control
GREENPLAY or the CITY, may affect the projects schedule. As such GREENPLAY agrees
to use its best efforts to perform the professional services in a manner consistent with the
CITY’s schedule.
1. Completion:
a. The contracted time of completion for the PROJECT is twelve (12) Months from
the time of contract execution.
1. Time Periods:
a. The time periods for completion of services are exclusive of time that may be
required for reviews, special meetings or delays caused by the CITY or State or
other agencies having jurisdiction or interest in the PROJECT.
b. If, through no fault of GREENPLAY, the Basic Professional Services have not
been completed within fifteen (15) months of the date of this AGREEMENT, the
terms of this AGREEMENT may be renegotiated.
J. ENTIRE AGREEMENT
This AGREEMENT constitutes the sole and only AGREEMENT of the parties and
supersedes any prior understanding or written or oral agreements between the parties with
respect to this subject matter.
K. ASSIGNMENT
Neither this AGREEMENT nor any duties, claims, rights or obligations under it related
hereto or resulting here from shall be assignable by EITHER PARTY without the prior written
consent of a NON-ASSIGNED PARTY. In the event of an assignment by GREENPLAY to
which the CITY has consented, the assignee or the assignee's legal representative shall agree in
writing with the CITY to personally assume, perform, and be bound by all the covenants,
obligations, and agreements in this AGREEMENT.
L. AMENDMENT
This AGREEMENT may only be amended by the mutual written AGREEMENT of the
parties.
AGREEMENT FOR PROFESSIONAL SERVICES
Page 9
M. GOVERNING LAW
The validity of this AGREEMENT and any of its terms or provisions, as well as the
rights and duties of the parties, shall be governed by the laws of the State of Texas; and venue
for any action concerning this AGREEMENT shall be in Dallas County, Texas.
N. NOTICE
Any notice or other communication shall be in writing and shall be deemed given when
sent Registered or Certified Mail, Postage Prepaid, in the United Stated Mail, addressed as set
forth below, or to such other address as either of the parties shall advise the other in writing.
If intended for CITY:
Jim Witt, City Manager
City of Coppell
255 Parkway Blvd.
P. O. Box 9478
Coppell, Texas 75019
If intended for GREENPLAY:
Teresa Penbrooke
CEO and Founding Managing Member
GreenPlay, LLC
3050 Industrial Lane, Suite 200
Broomfield, Colorado 80020
O. LEGAL CONSTRUCTION
1. In the event any one or more of the provisions contained in this AGREEMENT shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not effect any other provisions and the
AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision
had never been contained in this AGREEMENT.
2. It is understood and agreed that GREENPLAY, in satisfying the conditions of this
AGREEMENT, is acting independently and that the CITY assumes no responsibility or
liabilities to any third party in connection with this AGREEMENT. GREENPLAY
agrees to perform its services in a manner consistent with services provided by similar
professionals located in the same locale and the same time. GREENPLAY agrees to
indemnify and hold harmless the CITY, its officers, agents, and employees from any and
AGREEMENT FOR PROFESSIONAL SERVICES
Page 2 55560-REV.
all damages, loss or liability of any kind, whatsoever, by reason of death or injury to
property of third persons caused by the negligent omission or act of GREENPLAY, its
officers, agents, employees, invitees, or other persons for whom it is legally liable, with
regard to the performance of this AGREEMENT, and GREENPLAY will, at its cost
and expense, defend, pay on behalf of, and protect the CITY and its officers, agents, and
employees against any and all such claims and demands. All services to be performed by
GREENPLAY under this AGREEMENT shall be in its capacity as an independent
contractor and not as an agent or employee of the CITY. GREENPLAY shall supervise
the performance of its services and shall be entitled to control the manner and means by
which its services are to be performed, subject to compliance with this AGREEMENT
and any schedules or plans approved by the CITY.
P. CAPTIONS
The captions used in this AGREEMENT are for convenience only and shall not affect in
any way the meaning or interpretations of the provisions set forth herein.
Q. COUNTERPARTS
This AGREEMENT may be executed in any number of counterparts, each of which
shall be deemed an original and constitute one and the same instrument.
R. TERMINATION
This AGREEMENT shall continue until termination by either party by giving thirty (30)
calendar days prior written notice to the other party.
S. EXECUTION
EXECUTED this _________ day of ____________________, 2006.
CITY OF COPPELL, TEXAS
By: ___________________________________
JIM WITT, City Manager
ATTEST:
By: _______________________________
LIBBY BALL, City Secretary
AGREEMENT FOR PROFESSIONAL SERVICES
Page 3 55560-REV.
APPROVED AS TO FORM:
By: _______________________________
ROBERT HAGER, City Attorney
EXECUTED this _________ day of ____________________, 2006.
GREENPLAY, LLC
By: ___________________________________
TERESA PENBROOKE, CEO
DEPT: Parks and Recreation
DATE: March 28, 2006
ITEM #: 17/G
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of awarding bid No. Q-0206-01 for the installation of the Wagon Wheel Park Drainage Outfall
Structure, to Vortex Construction, Inc., in the amount of $109,443.00, and authorizing the President of the CRDC
and the City Manager to sign.
GOAL(S):
EXECUTIVE SUMMARY:
The natural storm water drainage on the eastern portion of Wagon Wheel Park has been significantly altered by the
addition of the park amenities. The parking lots are impervious to water and have created concentrated drainage to
a few outfall areas located around the pavement. One of these outfalls has a particularly high volume of water,
creating velocities that have caused severe erosion of a portion of the park draining into the creek.
This project has been designed and bid by the Coppell Engineering Department to address the erosion and prevent
future problems associated with this high volume of water. The project consists of extending pipe and installing a
drop structure, which will absorb the energy of the water and release into the creek with minimal velocities.
It is recommended award of this bid to Vortex Construction, Inc., in the amount of $109,443.00.
FINANCIAL COMMENTS: Funds for this contract are available in the ½ cent sales tax for the CRDC.
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/04 Document Name: Wagon Wheel Drainage
PARKS AND RECREATION DEPARTMENT
CITY COUNCIL AGENDA ITEM
Date: March 28, 2006
To: Mayor and City Council
From: Brad Reid, Director
Re: Consider approval of awarding bid No. Q-0206-01 for the installation of the
Wagon Wheel Park Drainage Outfall Structure, to Vortex Construction, Inc., in the
amount of $109,443.00, and authorizing the President of the CRDC and the City
Manager to sign.
Background:
The natural storm water drainage on the eastern portion of Wagon Wheel Park has been
significantly altered by the addition of the park amenities. The parking lots are
impervious to water and have created concentrated drainage to a few outfall areas located
around the pavement. One of these outfalls has a particularly high volume of water,
creating velocities that have caused severe erosion of a portion of the park draining into
the creek. Please see the attached photos for a view of the damage that has been created.
If left unchecked, the erosion at this location will begin to undermine the parking lot and
park drive. The irrigation main and valve wiring has been exposed already and the
erosion continues to worsen.
A project has been designed and bid by the Coppell Engineering Department to address
the erosion and prevent future problems associated with this high volume of water. The
project consists of extending pipe and installing a drop structure, which will absorb the
energy of the water and release into the creek with minimal velocities.
The project was formally bid with advertisement closing on February 14, 2006. Seven
bids were opened and reviewed by the Coppell Engineering Department. Please see the
attached support memo from Assistant City Engineer, Keith Marvin for details regarding
the bids received, and the recommendation for award.
The Coppell Recreation Development Corporation (CRDC) has become concerned with
the drainage situation and placed this item as a “high priority” on their 2005-06
development list. The CRDC approved award of this item at their March 6, 2006
meeting.
City Council Action requested:
Consider approval of awarding bid No. Q-0206-01 for the installation of the Wagon
Wheel Park Drainage Outfall Structure, to Vortex Construction, Inc., in the amount of
$109,443.00, and authorizing the President of the CRDC and the City Manager to sign.
Staff Recommendation:
Approval of this item.
MEMORANDUM
TO:Brad Reid, Director of Parks and Recreation Department
FROM:Keith Marvin, P.E., Asst. City Engineer
DATE:March 2, 2006
REF: Bid/Contract #Q-0206-01
Wagon Wheel Park Outfall Structure
Drainage Project #DR 05-01
On February 14, 2006 the City of Coppell received and opened seven bids for the construction of
the Wagon Wheel Park Outfall Structure.
The bids on this project ranged from a low bid of $109,443.00 to a high bid of $289,400.00. The
low bidder was Vortex Construction, Inc. in an amount of $109,443.00, with an estimated
completion time of 60 calendar days There was an error in completion of the bid form by
Vortex, however, the Purchasing Agent has determined that Vortex Construction's bid is valid
(see attached memo).
This contractor has not performed any work for the City of Coppell in the past, however they
were able to supply references from area projects. In speaking with the references provided, I
received no negative feedback that would indicate that they are not able to complete the project
on time, and within budget.
The Engineering Department completed the design of this project in house, and our estimate was
$99,300. If you have any questions please give me a call at 972/304-3679.
March 17, 2004
To: Keith Marvin Asst. City Engineer
From: Jerod Anderson Purchasing Agent
Re: Bid Q-0206-01 Wagon Wheel Outfall Structure
On February 14, 2006 the City of Coppell accepted bids for bid Q-0206-01 Wagon
Wheel Outfall Structure. Seven bids were received. Vortex was the apparent low bidder.
After reviewing their pay items a mistake was discovered. They did not correctly
complete the extended price for a line item. However, the unit price was correctly
completed. Based off the unit price their pay items were totaled and it was discovered
that their original bid total was correct. Therefore, the mistake is considered to be minor
and will not be grounds for rejection. Please proceed with your recommendation
including all seven bids.
BASE BID TABULATION: WAGON WHEEL PARK OUTFALL STRUCTURE PROJECT DR 05-01Item Quantity Unit Description Engineers VORTEXJIM BOWMAN JESKE NORTH TEXAS CATES, COURTNEY &ROEBUCKED WILSON EARTH BUILDERSEstimate Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price1-1 1 LS Mobilization//Demobilization 8,0004,500.00 4,500.00 14,300.00 14,300.005,150.00 5,150.00 7,500.00 7,500.00 15,000.00 15,000.00 25,000.00 25,000.00 25,000.00 25,000.001-2 1 LS Excavation and Removal of ExcessMaterial5,0008,500.00 8,500.00 3,300.00 3,300.009,200.00 9,200.00 24,000.00 24,000.00 27,100.00 27,100.00 25,000.00 25,000.00 58,000.00 58,000.001-3 12 LF Salvage and Restore RCP 2,400220.00 2,640.00 80.00 960.0035.00 420.00 120.00 1,440.00 220.00 2,640.00 200.00 2,400.00 100.00 1,200.001-4 1 LS Construct 6' x 6' Junction Box DropStructure30,00027,733.00 27,733.00 22,000.00 22,000.0020,800.00 20,800.00 42,500.00 42,500.00 23,950.00 23,950.00 20,000.00 20,000.00 28,000.00 28,000.001-5 155 LF Install 42" Corrugated HDPE Pipe 4,650 225.00 * 34,875.00 170.00 26,350.00173.00 26,815.00 80.00 12,400.00 180.00 27,900.00 130.00 20,150.00 240.00 37,200.001-6 1 LS Construct Headwall Structure with Piersand Rock Rip Rap12,0008,645.00 8,645.00 10,000.00 10,000.009,900.00 9,900.00 12,500.00 12,500.00 14,000.00 14,000.00 20,000.00 20,000.00 14,000.00 14,000.001-7 1050 CY Cement Stabilized Backfill 26,25015.00 15,750.0059.00 61,950.0072.50 76,125.00 50.00 52,500.00 74.00 77,700.00 95.00 99,750.00 110.00 115,500.001-8 1 LS Furnish Plans and Implementation forTrench Safety8,0003,000.003,000.002,500.002,500.00700.00700.003,000.003,000.003,000.003,000.0015,000.00 15,000.00 2,500.00 2,500.001-9 1 LS Furnish, Install, Maintain & RemoveErosion Control Devices3,0003,800.003,800.00500.00500.002,050.002,050.004,000.004,000.007,500.007,500.0010,000.00 10,000.00 8,000.00 8,000.00Calendar Days60 45 50 50 75 60 60TOTALS$99,300 $109,443.00 $141,860.00$151,160.00$159,840.00$198,790.00$237,300.00 $289,400.00* Purchasing deemed this to be a minor error/ actual calculations were correct in the bid.
DEPT: Finance
DATE: March 28, 2006
ITEM #: 18
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to
Ordinance No. 2005-1106, the budget for Fiscal Year October 1, 2005 through September 30, 2006, and
authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY: This amendment is being brought forward to reflect encumbrance carryovers and
changes experienced through the first quarter of the fiscal year.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: $Bud/Amend-1AR
MEMORANDUM
Date: March 28, 2006
To: Mayor and Council
From: Jennifer Armstrong, Director of Finance
Via: Clay Phillips, Deputy City Manager
Subject: Budget Amendment - Fiscal Year 2005-06
This budget amendment is being brought forward to reflect encumbrance carryovers, and items that
have been brought before Council during the first quarter of the year.
General Fund
General Fund revenues are being increased $254,681. The majority of this increase is associated
with increased interest earnings ($200,000). The remaining funding is from rendition penalties
and Rollback Taxes.
General Fund expenditures are being increased $1,332,750. $637,905 is associated with
encumbrance carryovers. $500,000 is associated with Northlake legal fees, $22,000 is associated
with Code Enforcement and the removal of a structure that was in non-compliance. $50,318 is
for constructing the wall at the Library. $22,473 is to widen Sandy Lake Road. $24,233 is for
the payment to the City’s sales tax consultant. $27,018 in change orders have been incurred on
the Phase I Fire Station remodel. $28,978 in services were required at the Aquatic Center in
regards to the electrical for the outdoor slide and boiler maintenance. The remaining is small
amounts in various departments throughout the General Fund.
Water & Sewer Fund
Expenses are being amended in the Water/Sewer fund for encumbrance carryovers.
Police Special Revenue Fund
Revenues are being amended to reflect grants and forfeitures that have been received. The
expenditures are those associated with the State Homeland Security grant for the rescue vehicle.
Parks Special Revenue
The revenues are being amended to reflect the collection of park fees. The expenditures are for
Andy Brown East irrigation and 4-plex lighting.
Tree Preservation Fund
Revenues are being increased for income actually received. Expenditures are for planting of
trees.
2
Infrastructure Maintenance Fund
Revenues are being amended to reflect current collections plus increased interest earnings.
Expenditures are for carryovers plus some funding for canal maintenance.
Drainage Fund
Expenditures are being amended to reflect the funding of the Interlocal Agreement with
Northwest Dallas County Flood Control District for sediment removal.
Donations – Special Revenue
Revenues are being amended to reflect donations to the Library and the Senior Citizens.
Expenditures are being amended to reflect encumbrance carryovers and costs associated with the
Library, the Senior Citizens and to correct the omission of the Keep Coppell Beautiful budget
($38,939).
Recreational Programs Fund
The revenues are being amended to reflect the anticipated Sports Entry Fees that will be
collected. Expenditures are associated with the Christmas Parade and Festival.
C.E.D.C. Special Revenue
Revenues are being amended to reflect the anticipated increase in interest earnings and the
receipt of a recovery of sales tax.
Municipal Court Special Revenue
Revenues are being amended to reflect anticipated collections. Expenditures are associated with
municipal court maintenance and security.
C.R.D.C. Special Revenue
The revenues are being amended for additional interest income and the receipt of a sales tax
recovery. Expenditures are being amended to reflect encumbrance carryovers and costs
associated with Wagon Wheel Park.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS APPROVING AN
AMENDMENT TO THE BUDGET FOR THE CITY FOR THE FISCAL YEAR OCTOBER
1, 2005 THROUGH SEPTEMBER 30, 2006; PROVIDING THAT EXPENDITURES FOR
SAID FISCAL YEAR SHALL BE MADE IN ACCORDANCE WITH SAID BUDGET; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the Budget Officer of the City of Coppell, Texas, did on the 5th day of August,
2005, file with the City Secretary, a proposed general budget for the City covering the fiscal year
aforesaid, and
WHEREAS, the City Council of the City of Coppell approved said budget on the 13th day
of September, 2005, and
WHEREAS, the governing body of the City has this date considered an amendment to said
budget;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That Section No. 2 of Ordinance No. 2005-1106, for the 2005-06 Fiscal Year
Budget, is hereby amended as follows:
General Fund Current Budget Amending Budget Change
Revenues $34,956,632 $35,211,313 $254,681
Expenditures
Combined Services 920,438 944,671 24,233
Mayor & Council 279,645 280,095 450
Legal 312,000 812,000 500,000
Community Information 177,229 177,311 82
Engineering 898,637 906,208 7,571
Facilities 800,580 899,014 98,434
Streets 1,686,855 1,718,000 31,145
Fleet 782,737 796,066 13,329
Traffic 931,942 965,887 33,945
Fire 7,516,445 7,667,010 150,565
Emergency Mgmt 106,628 107,293 665
Building Inspections 434,805 457,415 22,610
Purchasing 140,607 142,007 1,400
Municipal Court 1,077,838 1,078,367 529
Library 1,497,895 1,525,146 27,251
Police 8,638,256 8,899,890 261,634
Information Systems 1,634,535 1,728,032 93,497
Parks & Rec. Admin. 1,082,820 1,084,504 1,684
Parks 1,039,502 1,056,026 16,524
Environmental Health 529,875 530,125 250
Right of Way 345,183 345,733 550
Recreation 1,495,912 1,540,200 44,288
Ballfield Maintenance 682,932 684,922 1,990
Tennis Center 141,326 141,450 124
Total Expenditures 1,332,750
Decrease in Designated Fund Balance - Encumbrances (637,905)
Net Expenditure Increase 694,845
Net decrease in Undesignated Fund Balance $440,164
Water/Sewer Fund Current Budget Amending Budget Change
Expenses
Utility Operations $1,690,311 $1,705,399 $15,088
Utility Billing` 478,991 479,009 18
Net Decrease in Projected Retained Earnings $15,106
Police Spec. Rev. Fund Current Budget Amending Budget Change
Revenues $14,075 $343,111 $329,036
Expenditures 46,650 423,563 376,913
Net Decrease in Projected Fund Balance $47,877
Parks Special Revenue Current Budget Amending Budget Change
Revenues $2,000 $18,280 $16,280
Expenditures 0 71,873 71,873
Net Decrease in Projected Fund Balance $55,593
Tree Preservation Fund Current Budget Amending Budget Change
Revenues $3,500 $77,500 $74,000
Expenditures 30,000 61,281 31,281
Net Increase in Projected Fund Balance $ 42,719
Infrastructure Maint Fund Current Budget Amending Budget Change
Revenues $1,060,500 $1,139,748 $79,248
Expenditures 1,010,500 1,400,433 389,933
Net Decrease in Projected Fund Balance $ 310,685
Drainage Fund Current Budget Amending Budget Change
Expenditures $126,766 $216,766 $90,000
Net Decrease in Projected Fund Balance $90,000
Donations-Special Revenue Current Budget Amending Budget Change
Revenues $24,500 $62,554 $38,054
Expenditures 11,000 93,439 82,439
Net Decrease in Projected Fund Balance $44,385
Recreational Programs Fund Current Budget Amending Budget Change
Revenues $276,875 $311,121 $34,246
Expenditures 211,673 220,566 8,893
Projected Decrease in Projected Fund Balance $25,353
C.E.D.C. Spec. Revenue Current Budget Amending Budget Change
Revenues $3,095,000 $3,157,466 $62,466
Net Increase in Projected Fund Balance $62,466
Mun. Ct. Spec. Rev. Fund Current Budget Amending Budget Change
Revenues $40,100 $44,000 $3,900
Expenditures 0 $3,000 3000
Net Increase in Projected Fund Balance $ 900
C.R.D.C. Spec. Revenue Current Budget Amending Budget Change
Revenues $2,300,443 $2,382,909 $82,466
Expenditures 91,277 948,370 857,093
Net decrease in Projected Fund Balance $774,627
SECTION 2. EFFECTIVE DATE.
That this ordinance shall become effective immediately from and after its passage as the law
and charter in such cases provide.
DULY PASSED and adopted by the City Council of the City of Coppell, Texas, on the _____ day
of March, 2006.
APPROVED:
______________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
____________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_____________________________________
CITY ATTORNEY
DEPT: City Manager
DATE: March 28, 2006
ITEM #: 19
AGENDA REQUEST FORM
ITEM CAPTION: Consider approval of a Resolution of the City of Coppell, Texas, approving the formation of
the Coppell Local Government Corporation; authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY: Creation of a Local Government Corporation will provide the city of Coppell the
flexibility to deal with its mineral assets, in particular natural gas drilling rights, in a manner consistent with those
of some of our neighboring communities, including Lewisville. Creation of a Local Government Corporation will
allow us to deal in a business-like manner if we choose to contract our natural gas rights to a production company,
yet at the same time maintain public accountability and maximize public profit with minimal risks.
The main benefits to a Local Government Corporation are:
1. The ability to contract with reputable natural gas production companies interested in obtaining the City’s
natural gas drilling rights;
2. Provide a business-like atmosphere with the protection of the Public Information Act and Open Meetings Act;
and
3. Be consistent with our neighbors Lewisville and possibly Carrollton, in securing production companies that
participate in the development of a collection pipeline to transport any gas produced in the area to a refining
facility.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: !Corporation
64750
March 22, 2006
Mayor
Members of the City Council
City of Coppell
Coppell, Texas 75019
Re: Application Seeking Incorporation of Local Government Corporation
Dear Mayor Stover and Members of the City Council:
Chapter 431 of the Texas Transportation Code authorizes creation of a Local Government
Corporation (“LGC”) to aid and act on behalf of one or more local governments to accomplish
any governmental purpose of those local governments. The procedures that must be followed in
order to create an LGC are set forth in Chapters 431 and 394 of the Texas Local Government
Code. Pursuant to Section 394.011 of the Texas Local Government Code, an LGC can only be
created if (i) at least three (3) residents of the local government for whom the LGC is intended to
benefit, and who are residents of Texas and are at least 18 years of age, file a written application
with the governing body of the local government requesting that the LGC be created and (ii) the
governing body of the local government to whom the application has been submitted determines
by resolution that formation of the LGC is wise, expedient, necessary or advisable and approves
the form of the proposed articles of incorporation of the LOC.
We, the undersigned, hereby represent that we are each residents of the City of Coppell,
Texas and the State of Texas and that we are each at least 18 years of age. This letter shall serve
as our formal written application that you consider the attached Resolution approving formation
of the Coppell Local Government Corporation and that you approve the form of the articles of
incorporation and bylaws attached thereto. We are requesting that you consider this application
during your regularly scheduled meeting on March 28, 2006.
Sincerely,
Jim Witt J. David Dodd, III
131 Newport 654 Nottingham
Coppell, Texas 75019 Coppell, Texas 75019
Clay Phillips
440 Hidden Valley Drive
Coppell, Texas 75019
1 64748
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS,
APPROVING THE FORMATION OF THE COPPELL LOCAL
GOVERNMENT CORPORATION; PROVIDING A REPEALER CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, an application in writing seeking the incorporation of a local government
corporation under the provisions of Subchapter D, Chapter 431 of the Texas Transportation Code
(the “Act”) has been filed with the City Council of the City of Coppell, Texas (the “City”) by three
(3) individuals, each of whom is a resident of the City, the State of Texas and is at least eighteen
(18) or more years of age; and
WHEREAS, after discussion and consideration, the City Council of the City of Coppell has
determined that the formation of the Coppell Local Government Corporation should be approved as
provided herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS, THAT:
SECTION 1.That the formation of a local government corporation pursuant to the Act is
hereby found and determined to be necessary and advisable for the purposes set forth in the Articles
of Incorporation, which are attached hereto and incorporated herein as Exhibit “A.”
SECTION 2.That approval for the incorporation of such local government corporation, to
be known as the “Coppell Local Government Corporation,” is hereby granted.
SECTION 3.That the forms of the proposed Articles of Incorporation, attached as Exhibit
“A,” and the proposed Bylaws, which are attached hereto and incorporated herein as Exhibit “B,”
are hereby approved and that the appointment of the initial Board of Directors of the Coppell Local
Government Corporation, as set forth in Article IX of the Articles of Incorporation, is hereby
affirmed.
SECTION 4.That it is hereby officially found and determined that this Resolution was
adopted in a meeting open to the public, and that notice of the time, place and purpose of such
meeting was given in accordance with applicable law.
2 64748
SECTION 7.That the City Attorney and City Manager are authorized to take all action
necessary to causes the formation of the Coppell Local Government Corporation.
SECTION 6.That all Resolutions of the City of Coppell, Texas, in conflict with the
provisions of this Resolution be, and the same are hereby repealed, and all other provisions of the
Resolutions of the City not in conflict with the provisions of this Resolution shall remain in full
force and effect.
SECTION 7.This Resolution shall become effective immediately from and after its
passage.
DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas,
on this the ______ day of ________________, 2006.
CITY OF COPPELL, TEXAS
___________________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
___________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
____________________________________
CITY ATTORNEY
(PGS/cdb 03/20/06)
Articles of Incorporation – Page 1 64175
ARTICLES OF INCORPORATION
OF
COPPELL LOCAL GOVERNMENT CORPORATION
We, the undersigned natural persons, each of whom is at least eighteen (18) years of age or
more, and a resident and a qualified voter of the City of Coppell, Texas (the “City”) and a citizen
of the State of Texas, acting as incorporators of a corporation under the provisions of Subchapter
D, Chapter 431 of the Texas Transportation Code (the “Act”), and Chapter 394, Texas Local
Government Code, (the “Local Government Code”), do hereby adopt the following Articles of
Incorporation for such corporation:
ARTICLE I
The name of the corporation is COPPELL LOCAL GOVERNMENT CORPORATION (the
“Corporation”).
ARTICLE II
The Corporation is a public non-profit corporation.
ARTICLE III
The period of duration of the Corporation shall be perpetual.
ARTICLE IV
As authorized by the Act, as it now or may hereafter be amended, and Chapter 394, Texas
Local Government Code, the Corporation is organized for the purpose of aiding, assisting, and acting
on behalf of the City in the exercise of its powers to accomplish any governmental purpose of the
City and in the promotion of the common good and general welfare of the City including, without
limitation, the furtherance of the promotion, development, encouragement and maintenance of
employment, commerce, economic development and public facility development in the City.
The Corporation shall have and exercise all of the rights, powers, privileges, authority, and
functions given by the general laws of the State of Texas to non-profit corporations incorporated
under the Act including, without limitation, the powers granted under the Texas Non-Profit
Corporation Act, Article 1395-1.01 et seq., Vernon's Texas Civil Statutes.
The Corporation shall have all other powers of a like or different nature not prohibited by
law which are available to non-profit corporations in Texas and which are necessary or useful to
enable the Corporation to perform the purposes for which it is created, including the power to issue
bonds, notes or other obligations, and otherwise exercise its borrowing power to accomplish the
purposes for which it was created; provided, however, the City Council shall approve all borrowing
activities.
Pursuant to Section 431.148(a) of the Act, the Corporation is a governmental unit within the
meaning of Subdivision (2), Section 101.001, Texas Civil Practice and Remedies Code. Pursuant
to Section 431.108(b) of the Act, the operations of the Corporation are governmental, and not
Articles of Incorporation – Page 2 64175
proprietary, functions for all purposes, including, without limitation, applicability of the Texas Tort
Claims Act, Section 101.001 et seq., Texas Civil Practice and Remedies Code. The Corporation shall
have the power to acquire land in accordance with the Act as amended from time to time.
ARTICLE V
The Corporation shall have no members and shall have no stock.
ARTICLE VI
All powers of the Corporation shall be vested in a board of directors (the “Board”) consisting
of nine (9) persons who shall consist of the Mayor, City Manager and City Council members of the
City of Coppell, Texas (each a “Director”). Any director who ceases to hold the respective required
office described above shall immediately be ineligible to hold office as a director of the Corporation,
and shall be deemed to have resigned on the date such person ceases to be qualified to be such
director. The initial Directors, each of whom resides in the City, are identified in Article IX below
and shall serve for the term expiring on the date set forth therein. Subsequent Directors shall be
appointed by the City Council of the City. Each subsequent Director shall serve for a term of two
(2) years or until his or her successor is appointed by the City Council of the City, unless such
Director has been appointed to fill an unexpired term, in which case the term of such Director shall
expire on the expiration date of the term of the Director who he or she was appointed to replace. Any
Director may be removed from office at any time, with or without cause, by the City Council of the
City.
All other matters pertaining to the internal affairs of the Corporation shall be governed by
the Bylaws of the Corporation, so long as such Bylaws are not inconsistent with these Articles of
Incorporation or the laws of the State of Texas.
ARTICLE VII
The street address of the initial registered office of the Corporation is 255 Parkway
Boulevard, Coppell, Texas 75019, which is within the city limits of the City, and the name of its
initial registered agent at such address is Jim Witt.
ARTICLE VIII
The names and street addresses of the incorporators, each of whom resides within the City,
are:
NAME ADDRESS
Jim Witt City of Coppell
255 Parkway Blvd.
Coppell, Texas 75019
Clay Phillips City of Coppell
255 Parkway Blvd.
Coppell, Texas 75019
Articles of Incorporation – Page 3 64175
ARTICLE IX
The names and street addresses of the initial Directors, each of whom resides within the City,
are:
NAME ADDRESS
Douglas N. Stover 255 Parkway Blvd.
Coppell, Texas 75019
Tim Brancheau 255 Parkway Blvd.
Coppell, Texas 75019
Jayne Peters 255 Parkway Blvd.
Coppell, Texas 75019
Brianna Hinojosa-Flores 255 Parkway Blvd.
Coppell, Texas
Marsha Tunnell 255 Parkway Blvd.
Coppell, Texas 75019
Billy Faught 255 Parkway Blvd.
Coppell, Texas 75019
Thom Suhy 255 Parkway Blvd.
Coppell, Texas 75019
Bill York 255 Parkway Blvd.
Coppell, Texas 75019
Jim Witt 255 Parkway Bvld.
Coppell, Texas 75019
The initial Directors shall serve a term that expires May 31, 2007, and shall hold office for
the term for which the initial Director was appointed and until the director's successor is elected or
appointed and has qualified.
ARTICLE IX
A resolution approving the form of these Articles of Incorporation has been adopted by the
City Council of the City on March 28, 2006.
Articles of Incorporation – Page 4 64175
ARTICLE X
No Director shall be liable to the Corporation for monetary damages for an act or omission
in the Director's capacity as a Director, except for liability (i) for any breach of the Director's duty
of loyalty to the Corporation, (ii) for acts or omissions not in good faith or which involve intentional
misconduct or a knowing violation of law, (iii) for any transaction from which the Director received
an improper benefit, whether the benefit resulted from an act taken within the scope of the Director's
office, or (iv) for acts or omissions for which the liability of a Director is expressly provided by
statute. Any repeal or amendment of this Article XI by the Board shall be prospective only, and shall
not adversely affect any limitation on the personal liability of a Director existing at the time of such
repeal or amendment. In addition to the circumstances in which a Director is not personally liable
as set forth in the preceding sentences, a Director shall not be liable to the fullest extent permitted
by any amendment to the laws of the State of Texas hereafter enacted that farther limits the liability
of a Director.
ARTICLE XI
In accordance with the provisions of Section 501(c)(3) of the Internal Revenue Code of
1986, as amended (the “Internal Revenue Code”), and regardless of any other provisions of these
Articles of Incorporation or the laws of the State of Texas, the Corporation: (a) shall not permit any
part of the net earnings of the Corporation to inure to the benefit of any private individual (except
that reasonable compensation may be paid for personal services rendered to or for the Corporation
in effecting one or more of its purposes); (b) shall not direct any of its activities to attempting to
influence legislation by propaganda or otherwise; (c) shall not participate in or intervene in
(including the publication or distribution of statements) any political campaign on behalf of any
candidate for public office; and (d) shall not attempt to influence the outcome of any election for
public office or to carry on, directly or indirectly, any voter registration drives. Any income earned
by the Corporation after payment of reasonable expenses, debt and such reserves as may be
necessary as set forth in the authorizing documents related to the issuance of debt by the Corporation
shall accrue to the City.
The City shall, at all times, have an unrestricted right to receive any income earned by the
Corporation, exclusive of amounts needed to cover reasonable expenditures and reasonable reserves
for future activities. Any income of the Corporation received by the City shall be deposited into such
account or fund as determined by the City Council of the City. No part of the Corporation's income
shall insure to the benefit or any private interests.
If the Board determines by resolution that the purposes for which the Corporation was
formed have been substantially met and all bonds issued by and all obligations incurred by the
Corporation have been fully paid or provision made for such payment, the Board shall execute a
certificate of dissolution which states those facts and declares the Corporation dissolved in
accordance with the requirements of Section 394.026, Local Government Code, or with applicable
law then in existence. In the event of dissolution or liquidation of the Corporation, all assets will be
turned over to the City for deposit into such account or fund as the City Council shall direct.
Articles of Incorporation – Page 5 64175
ARTICLE XII
If the Corporation is a private foundation within the meaning of Section 509(a) of the
Internal Revenue Code, the Corporation (a) shall distribute its income for each taxable year at such
time and in such manner as not to become subject to the tax on undistributed income imposed by
Section 4942 of the Internal Revenue Code; (b) shall not engage in any act of self-dealing as defined
in Section 4941 (d) of the Internal Revenue Code; (e) shall not retain any excess business holdings
as defined in Section 4943(c) of the Internal Revenue Code; (d) shall not make any investments in
such manner as to subject it to tax under Section 4944 of the Internal Revenue Code, and (e) shall
not make any taxable expenditures as defined in Section 4945(d) of the Internal Revenue Code.
ARTICLE XIII
The City Council of the City may at any time consider and approve an ordinance directing
the Board to proceed with the dissolution of the Corporation, at which time the Board shall proceed
with the dissolution of the Corporation in accordance with applicable state law. The failure of the
Board to proceed with the dissolution of the Corporation in accordance with this Section shall be
deemed a cause for the removal from office of any or all of the Directors as permitted by Article VI
of these Articles of Incorporation.
ARTICLE XIV
The Corporation is a constituted authority and a public instrumentality within the meaning
of the regulations of the United States Treasury Department and the rulings of the Internal Revenue
Service prescribed and promulgated pursuant to Section 103 of the Internal Revenue Code of 1986,
as amended, and the Corporation is authorized to act on behalf of the City as provided in these
Articles of Incorporation. However, the Corporation is not a political subdivision or political
corporation of the State of Texas within the meaning of its constitution and laws, including, without
limitation, Article III, Section 52 of said constitution, and no agreements, bonds, debts, or
obligations of the Corporation are or shall ever be deemed to be the agreements, bonds, debts, or
obligations, or the lending of credit, or a grant of public money or thing of value, of or by the City
or any other political corporation, subdivision, or agency of the State of Texas, or a pledge of the
faith and credit of any of them.
ARTICLE XVI
These Articles may not be changed or amended unless approved by the City Council of the
City.
IN WITNESS WHEREOF, we have hereunto set our hands as of this ___ of
_______________________, 2006.
Jim Witt
Incorporator
Articles of Incorporation – Page 6 64175
Clay Phillips
Incorporator
Before me, on this day personally appeared Jim Witt, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he executed the same
for the purposes and consideration therein expressed.
Given under my hand and seal of office this ___ day of _____________, 2006.
Notary Public
Before me, on this day personally appeared Clay Phillips, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the
same for the purposes and consideration therein expressed.
Given under my hand and seal of office this ___ day of _______________, 2006.
Notary Public
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BYLAWS
OF
COPPELL LOCAL GOVERNMENT CORPORATION
ARTICLE I
PURPOSES
As authorized by Subchapter D, Chapter 431 of the Texas Transportation Code (the “Act”)
and Chapter 394 of the Texas Local Government Code (the “Local Government Code”), Coppell
Local Government Corporation (the “Corporation”) is organized for the purpose of aiding, assisting,
and acting on behalf of the City of Coppell, Texas (the “City”) in the exercise of its powers to
accomplish any governmental purpose of the City and in the promotion of the common good and
general welfare of the City, including the promotion, development, encouragement and maintenance
of employment, commerce, economic development and public facility development in the City.
The Corporation shall have and exercise all of the rights, powers, privileges, authority, and
functions given by the general laws of the State of Texas to non-profit corporations incorporated
under the Act including, without limitation, the Texas Non-Profit Corporation Act, Article 1396-1.01
et seq., Vernon’s Texas Civil Statutes.
The Corporation shall have all other powers of a like or different nature not prohibited by
law which are available to non-profit corporations in Texas and which are necessary or useful to
enable the Corporation to perform the purposes for which it is created, including the power to issue
bonds, notes or other obligations, and otherwise exercise its borrowing power to accomplish the
purposes for which it was created; provided, however, the City Council shall approve all borrowing
activities.
Pursuant to Section 431.108(a) of the Act, the Corporation is a governmental unit within the
meaning of Subdivision (2), Section 101,001, Texas Civil Practice and Remedies Code. Pursuant
to Section 431.108(b) of the Act, the operations of the Corporation are governmental, and not
proprietary, functions for all purposes, including, without limitation, applicability of the Texas Tort
Claims Act, Section 101.001 et seq., Texas Civil Practice and Remedies Code. The Corporation shall
have the power to acquire land in accordance with the Act as amended from time to time.
ARTICLE II
BOARD OF DIRECTORS
Section 1. Appointment, Powers, Number, and Term of Office. All powers of the
Corporation shall be vested in the Board of Directors (the “Board”). The Board shall initially consist
of at least nine (9) persons who shall consist of the Mayor, City Manager and City Council members
of the City of Coppell, Texas (each a “Director”), as evidenced by the approval of the Articles of
Incorporation by the City Council. Any director who ceases to hold the respective required office
described above shall immediately be ineligible to hold office as a director of the Corporation, and
shall be deemed to have resigned on the date such person ceases to be qualified to be such director.
Each initial Director shall serve for the term expiring on the date set forth in the Articles of
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Bylaws 64174
Incorporation. Subsequent Directors shall be appointed by the City Council of the City. Each
subsequent Director shall serve for a term of two (2) years in accordance with and as provided by
the Articles of Incorporation. Directors may be appointed to succeed themselves. Each Director must
be a resident and qualified elector of the City. Each Director, including the initial directors, shall be
eligible for reappointment. Each Director shall serve until a successor is appointed. Any Director
may be removed from office at any time, with or without cause, by the City Council of the City.
Section 2. Meetings of Directors. The Directors may hold their meetings and may have
an office and keep the books of the Corporation at the City Hall, or such other place or places within
the City as the Board may from time to time determine; provided, however, in the absence of any
such determination, the City Hall shall be the registered office of the Corporation in the State of
Texas.
The Board shall meet in accordance with and file notice of each meeting of the Board for the
same length of time and in the same manner and location as is required of the City under Chapter
551 of the Texas Government Code (the “Open Meetings Act”).
The Corporation, the Board, and any committee of the Board exercising the powers of the
Board are subject to Chapter 552 of the Texas Government Code (the “Public Information Act”).
Section 3. Meetings. The Board shall hold an annual meeting at a time and at a location
in the City designated by the Board for the purposes of electing officers and transacting any other
business related to the Corporation. In addition, the Board may conduct additional meetings at times
and locations in the City designated by the Board for the purpose of transacting business related to
the Corporation. Notice of the annual meeting and any additional meetings shall be given to each
Director in person, by telephone, by electronic transmission (e.g. facsimile transmission or electronic
mail) or mail via the United States Postal Service at least seventy-two (72) hours prior to the meeting
and shall be posted in accordance with the Open Meetings Act.
Section 4. Quorum. A simple majority of the Directors shall constitute a quorum of the
Board for the consideration of matters pertaining to the Corporation. If at any meeting of the Board
there is less than a quorum present, a majority of those present may adjourn the meeting from time
to time. The act of a majority of the Directors present and voting at a meeting at which a quorum is
in attendance shall constitute the act of the Board, unless the act of a greater number is required by
law, by the Articles of Incorporation, or by these Bylaws.
A Director who is present at a meeting of the Board at which any corporate action is taken
shall be presumed to have assented to such action, unless his or her dissent shall be entered in the
minutes of the meeting or unless he or she shall file a written dissent to such action with the person
acting as the secretary of the meeting before the adjournment thereof or shall forward such dissent
by registered mail to the Secretary of the Corporation immediately after the adjournment of the
meeting. Such right to dissent shall not apply to a Director who voted in favor of the action.
Section 5. Conduct of Business. At the meetings of the Board, matters pertaining to the
purposes of the Corporation shall be considered in such order as from time to time the Board may
determine.
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At all meetings of the Board, the President shall preside, and in the absence of the President,
the Vice President shall preside. In the absence of the President and the Vice President, an acting
presiding officer shall be chosen by the Board from among the Directors present.
The Secretary of the Corporation shall act as secretary of all meetings of the Board, but in
the absence of the Secretary, the presiding officer may appoint any person to act as secretary of the
meeting. Minutes of each meeting shall be prepared and kept on file by the Secretary or any other
person designated by the Secretary for that purpose.
Section 6. Executive Committee, Other Committees. The Board may, by resolution
passed by a majority of the Directors, designate three (3) or more Directors to constitute an executive
committee or other type of committee. To the extent provided in the authorizing resolution, a
committee shall have and may exercise all of the authority of the Board in the management of the
Corporation, except where action of the Board is specified by statute. A committee shall act in the
manner provided in the authorizing resolution. Each committee so designated shall keep regular
minutes of the transactions of its meetings and shall cause such minutes to be recorded in books kept
for that purpose in the office of the Corporation, and shall report the same to the Board from time
to time. Committees authorized to exercise the powers of the Board shall give notice of any meeting
in the manner required for a meeting of the Board.
Section 7. Compensation of Directors. Directors shall not receive any salary or
compensation for their services as Directors.
Section 8. Director’s Reliance on Consultant Information. A Director shall not be liable
if while acting in good faith and with ordinary care, the Director relies on information, opinions,
reports, or statements. including financial statements and other financial data, concerning the
Corporation or another person, that were prepared or presented by:
(a) one or more other officers or employees of the Corporation;
(b) legal counsel, public accountants, or other persons as to matters the officer
reasonably believes are within the person’s professional or expert competence; or
(c) a committee of the Board of which the Director is not a member.
ARTICLE III
OFFICERS
Section 1. Titles and Term of Office. The officers of the Corporation shall be the
President, the Vice President, a Secretary/Treasurer, and such other officers as the City Council may
from time to time elect or appoint. One person may hold more than one office, except that one
person shall not concurrently hold the offices of President and Secretary. The term of office for each
officer shall be one (1) year with the term of office expiring on May 31 of each year. Officers may
be re-elected.
Section 2. Powers and Duties of the President. The President shall be a member of the
Board and shall preside at all meetings of the Board. The President shall be the principal executive
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Bylaws 64174
officer of the Corporation and shall be in general charge of the properties and affairs of the
Corporation. In furtherance of the purposes of the Corporation and subject to the limitations
contained in the Articles of Incorporation, the President or any Vice President may sign and execute
all bonds, notes, deeds, conveyances, franchises, assignments, mortgages, notes, contracts and other
obligations in the name of the Corporation. The President shall have such other duties as are
assigned by the Board. The President may call meetings of the Board.
Section 3. Powers and Duties of the Vice President. The Vice President shall be a
member of the Board. The Vice President shall perform the duties and exercise the powers of the
President upon the President’s death, absence, disability, or resignation, or upon the President’s
inability to perform the duties of his or her office. Any action taken by the Vice President in the
performance of the duties of the President shall be conclusive evidence of the absence or inability
to act of the President at the time such action was taken. A Vice President shall have such other
powers and duties as may be assigned to him or her by the Board or the President.
Section 4. Treasurer. The Treasurer shall have custody of all the funds and securities
of the Corporation which come into his or her hands. When necessary or proper, he or she may
endorse, on behalf of the Corporation, for collection, checks, notes and other obligations and shall
deposit the same to the credit of the Corporation in such bank or banks or depositories as shall be
designated in the manner prescribed by the Board; he or she may sign all receipts and vouchers for
payments made to the Corporation, either alone or jointly with such other officer as is designated
by the Board; whenever required by the Board, he or she shall render a statement of his or her cash
account; he or she shall enter or cause to be entered regularly in the books of the Corporation to be
kept by him or her for that purpose full and accurate accounts of all moneys received and paid out
on account of the Corporation; he or she shall perform all acts incident to the position of Treasurer
subject to the control of the Board; and he or she shall, if required by the Board, give such bond for
the faithful discharge of his or her duties in such form as the Board may require. The Treasurer need
not be a member of the Board and may be an employee of the City.
Section 5. Secretary. The Secretary shall keep or cause to be kept the minutes of all
meetings of the Board in books provided for that put-pose; he or she shall attend to the giving and
serving of all notices; in furtherance of the purposes of the Corporation and subject to the limitations
contained in the Articles of Incorporation, he or she may sign with the President in the name of the
Corporation and/or attest the signatures thereof, all contracts, conveyances, franchises, bonds, deeds,
assignments, mortgages, notes and other instruments of the Corporation; he or she shall have charge
of the Corporation’s books, records, documents and instruments, except the books of account and
financial records and securities of which the Treasurer shall have custody and charge, and such other
books and papers as the Board may direct, all of which shall at all reasonable times be open to the
inspection of any Director upon application at the office of the Corporation during business hours;
and, he or she shall in general perform all duties incident to the office of Secretary subject to the
control of the Board. The Secretary need not be a member of the Board and may be an employee of
the City.
Section 6. Compensation of Officers. Officers shall not receive any salary or
compensation for their services as officers.
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Section 7. Officer’s Reliance on Consultant Information. In the discharge of a duty
imposed or power conferred on an officer of the Corporation, the officer may in good faith and with
ordinary care rely on information, opinions, reports, or statements, including financial statements
and other financial data, concerning the Corporation or another person, that were prepared or
presented by:
(a) one or more other officers or employees of the Corporation, including members of
the Board; or
(b) legal counsel, public accountants, or other persons as to matters the officer
reasonably believes are within the person’s professional or expert competence.
Section 8. Hearing Offices. The Director of Finance of the City or the designee thereof
shall serve as “hearing officer” of the Corporation for the purpose of conducting any public hearing
required under the Internal Revenue Code of 1986 as a condition precedent to the issuance of tax-
exempt bonds by the Corporation.
ARTICLE IV
MISCELLANEOUS PROVISIONS
Section 1. Fiscal Year. The fiscal year of the Corporation shall be the same as the City,
or such other consecutive twelve-month period determined by the Corporation and approved by the
City.
Section 2. Seal. The seal of the Corporation shall be such as from time to time may be
approved by the Board.
Section 3. Notice and Waiver of Notice. Subject to the Open Meetings Act, whenever
any notice whatever is required to be given under the provisions of these Bylaws, such notice shall
be deemed to be sufficient if given by depositing the same in a post office box in a sealed postpaid
wrapper addressed to the person entitled thereto at his or her post office address, as it appears on the
books of the Corporation, and such notice shall be deemed to have been given on the day of such
mailing. A waiver of notice, signed by the person or persons entitled to said notice, whether before
or after the time stated therein, shall be deemed equivalent thereto.
Section 4. Resignations. Any Director or officer may resign at any time. Such
resignations shall be made in writing and shall take effect at the time specified therein, or, if no time
be specified, at the time of its receipt by the President or Secretary. The acceptance of a resignation
shall not be necessary to make it effective, unless expressly so provided in the resignation.
Section 5. Gender. References herein to the masculine gender shall also refer to the
feminine in all appropriate cases, and vice versa.
Section 6. Appropriations and Grants. The Corporation shall have the power to request
and accept any appropriation, grant, contribution, donation, or other form of aid from the federal
government, the State of Texas, any political subdivision or municipality in the State of Texas, or
from any other source.
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ARTICLE V
INDEMNIFICATION OF DIRECTORS AND OFFICERS
Section 1. Right to Indemnification. Subject to the limitations and conditions as provided
in this Article V and the Articles of Incorporation, each person who was or is made a party or is
threatened to be made a party to or is involved in any threatened, pending or completed action, suit
or proceeding, whether civil, criminal, administrative, arbitrative or investigative (a “Proceeding”),
or any appeal in such a Proceeding or any inquiry or investigation that could lead to such a
Proceeding, by reason of the fact that he or she, or a person for whom he or she is the legal
representative, is or was a Director or officer of the Corporation or while a Director or officer of the
Corporation is or was serving at the request of the Corporation as a director, officer, partner,
venturer, proprietor, trustee, employee, agent or similar functionary of another foreign or domestic
corporation, partnership, joint venture, sole proprietorship, trust, employee benefit plan or other
enterprise shall be indemnified by the Corporation to the fullest extent permitted by the Texas Non-
Profit Corporation Act, as the same exists or may hereafter be amended (but, in the case of any such
amendment, only to the extent that such amendment permits the Corporation to provide broader
indemnification rights than said law permitted the Corporation to provide prior to such amendment)
against judgments, penalties (including excise and similar taxes and punitive damages), fines,
settlements and reasonable expenses (including, without limitation, attorneys’ fees) actually incurred
by such person in connection with such Proceeding, and indemnification under this Article V shall
continue as to a person who has ceased to serve in the capacity which initially entitled such person
to indemnity hereunder. The rights granted pursuant to this Article V shall be deemed contract rights,
and no amendment, modification or repeal of this Article V shall have the effect of limiting or
denying any such rights with respect to action taken or Proceedings arising prior to any such
amendment, modification or repeal. It is expressly acknowledged that the indemnification provided
in this Article V could involve indemnification for negligence or under theories of strict liability.
Section 2. Advance Payment. The right to indemnification conferred in this Article V
shall include the right to be paid in advance or reimbursed by the Corporation the reasonable
expenses incurred by a person of the type entitled to be indemnified under Section 1 who was, is or
is threatened to be made a named defendant or respondent in a proceeding in advance of the final
disposition of the Proceeding and without any determination as to the person’s ultimate entitlement
to indemnification; provided, however, that the payment of such expenses incurred by any such
person in advance of the final disposition of a Proceeding, shall be made only upon delivery to the
Corporation of a written affirmation by such Director or officer of his or her good faith belief that
he or she has met the standard of conduct necessary for indemnification under this Article V and a
written undertaking, by or on behalf of such person, to repay all amounts so advanced if it shall
ultimately be determined that such indemnified person is not entitled to be indemnified under this
Article V or otherwise.
Section 3. Indemnification of Employees and Agents. The Corporation, by adoption of
a resolution of the Board, may indemnify and advance expenses to an employee or agent of the
Corporation to the same extent and subject to the same conditions under which it may indemnify and
advance expenses to Directors and officers under this Article V; and the Corporation may indemnify
and advance expenses to persons who are not or were not Directors, officers, employees or agents
of the Corporation but who are or were serving at the request of the Corporation as a Director,
7
Bylaws 64174
officer, partner, venture proprietor, trustee, employee, agent or similar functionary of another foreign
or domestic corporation, partnership, joint venture, sole proprietorship, trust, employee benefit plan
or other enterprise against any liability asserted against him or her and incurred by him or her in such
a capacity or arising out of his or her status a such a person to the same extent that it may indemnify
and advance expenses to Directors under this Article V.
Section 4. Appearance as a Witness. Notwithstanding any other provision of this Article
V, the Corporation may pay or reimburse expenses incurred by a Director or officer in connection
with his or her appearance as a witness or other participation in a Proceeding involving the
Corporation or its business at a time when he or she is not a named defendant or respondent in the
proceeding.
Section 5. Non-exclusivity of Rights. The right to indemnification and the advancement
and payment of expenses conferred in this Article V shall not be exclusive of any other right which
a Director or officer or other person indemnified pursuant to Section 3 of this Article V may have
or hereafter acquire under any law (common or statutory), provision of the Articles of Incorporation
of the Corporation or these Bylaws, agreement, vote of disinterested Directors or otherwise.
Section 6. Insurance. The Corporation may purchase and maintain insurance, at its
expense, to protect itself and any person who is or was serving as a Director, officer, employee or
agent of the Corporation or is or was serving at the request of the Corporation as a Director, officer,
partner, venturer, proprietor, trustee, employee, agent or similar functionary of another foreign or
domestic corporation, partnership, joint venture, proprietorship, employee benefit plan, trust or other
enterprise against any expense, liability or loss, whether the Corporation would have the power to
indemnify such person against such expense, liability or loss under this Article V.
Section 7. Notification. Any indemnification of or advance of expenses to a Director or
officer in accordance with this Article V shall be reported in writing to the members of the Board
with or before the notice of the next regular meeting of the Board and, in any case, within the 12-
month period immediately following the date of the indemnification or advance.
Section 8. Savings Clause. If this Article V or any portion hereof shall be invalidated on
any ground by any court of competent jurisdiction, then the Corporation shall nevertheless
indemnify and hold harmless each Director, officer or any other person indemnified pursuant to this
Article V as to costs, charges and expenses (including attorneys’ fees), judgments, fines and in
amounts paid in settlement with respect to any action, suit or proceeding, whether civil, criminal,
administrative or investigative, to the full extent permitted by any applicable portion of this Article
V that shall not have been invalidated and to the fullest extent permitted by applicable law.
ARTICLE VI
CODE OF CONDUCT
(a) All officers and directors shall be held accountable as set forth under Article 1-13 of
the City of Coppell Code of Ordinances.
8
Bylaws 64174
ARTICLE VII
AMENDMENTS
A proposal to alter, amend, or repeal these Bylaws shall be made by the affirmative vote of
a majority of the full Board at any annual or regular meeting, or at any special meeting if notice of
the proposed amendment be contained in the notice of said special meeting. Any proposed change
or amendment to the Bylaws, however, must be approved by the City Council of the City to be
effective.
DEPT: City Secretary
DATE: March 28, 2006
ITEM #: 20
AGENDA REQUEST FORM
ITEM CAPTION:
A. Consider approval of resignation of Lori Pierson from the Library Board; and
B. Consider approval of appointment of a member to fill the vacant unexpired Regular term on the
Library Board, term to expire October 2006.
GOAL(S):
EXECUTIVE SUMMARY:
Agenda Request Form - Revised 09/04 Document Name: Library Board Resignation
From:
To:
Date:
Subject:
Lori Pierson ~lorirpierson@yahoo.com>
Janet Lance <jlance@ci.coppell.tx.us>
3/3/2006 3:47:36 PM
Re: Reports
Janet,
It looks like I am going to have to resign my position on the Library Board. I'm taking two graduate
courses this semester that are very overwhelming (but I graduate in May!) Both of these courses have
deadlines on Fridays, so these library meetings on Thursdays are not working out for me. Let me know
who else I need to notify, or if I need to send a formal letter to the city manager.
Again, I apologize for not being able to meet my commitment to the board.
Lori Pierson
81 7-690-71 70-cell
(Can you pls forward this to Kathy. I can't locate her email address.)
Janet Lance <jlance@ci.coppell.tx.us> wrote:
Reports, Agenda and February minutes are attached, there should be 5 in
all. Please let Kathy or I know if you will be unable to attend on
Thursday, March, 9,2006.
Janet
Do You Yahoo!?
Tired of spam? Yahoo! Mail has the best spam protection around
http://mail.yahoo.com
DEPT: City Secretary
DATE: March 28, 2006
ITEM #: 21
AGENDA REQUEST FORM
ITEM CAPTION:
A. Consider approval of resignation of David Goodner from the Keep Coppell Beautiful Committee; and
B. Consider approval of appointment of a member to fill the vacant unexpired Regular term on the Keep
Coppell Beautiful Committee, term to expire October 2007.
GOAL(S):
EXECUTIVE SUMMARY:
Agenda Request Form - Revised 09/04 Document Name: % KCB-1 Goodnerresignation
City of Coppell
Amanda Vanhoozier, Staff Liaison
Keep Coppell Beautifid Committee
March 1,2006
Dear Amanda:
This is to noti5 you and, through you, the City Secretary's Office, that due to new
employment requiring extensive travel to Russia and Kazakhstan, it has become
necessary for me to resign my position on the Keep Coppell Beautifid Committee.
I have very much enjoyed serving on the committee and appreciate you giving me the
opportunity to do so. I wish you and my fellow committee members continued success.
Best regards,
t Y4vd-6
David Goodner
DEPT: Public Works Fleet Division
DATE: March 28, 2006
ITEM #: 22
AGENDA REQUEST FORM
ITEM CAPTION:
Consider approval of a Clean Fleet Vehicle ordinance as requested by the North Central Texas Council of
Government to remain eligible for future funding of various types of projects by the North Central Texas Council
of Government; and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Approval of this ordinance will show the city's commitment to clean air and allow the city to remain eligible to
receive future funding for various types of projects by the North Central Texas Council of Government.
Staff recommends approval of this ordinance and will be available for any questions at the Council meeting.
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04 Document Name: #CleanFleetVehicle
MEMORANDUM
TO:Mayor and City Council
FROM:Ken Griffin, P.E., Director of Engineering/Public Works
DATE:March 28, 2006
REF:Consider approval of a Clean Fleet Vehicle ordinance as requested by the North Central
Texas Council of Government to remain eligible for future funding of various types of
projects by the North Central Texas Council of Government; and authorizing the Mayor
to sign.
On October 13, 2005 the Regional Transportation Council (RTC) approved a Clean Fleet Vehicle
Policy Resolution and Model Ordinance for governmental entities to adopt. The resolution approved
by the RTC, in essence, ties future types of funding for governmental entities to adoption of an
ordinance similar to the model ordinance approved with the resolution. This includes not only vehicle
funding, but also any type of transit funds such as: Congestion Mitigation, Air Quality Improvement
funds, Surface Transportation Program, Metropolitan Mobility funds, and other federal, state and local
funds that are distributed at the discretion of the RTC.
While the North Central Texas Council of Government (NCTCOG) has stated that approval of a Clean
Fleet Vehicle ordinance is voluntary, again, the resolution approved by the RTC ties approval of the
ordinance to future funding of various types of projects. Attached to this agenda item is the resolution
approved by the RTC along with correspondence from the NCTCOG, the proposed model ordinance
and 'Frequently Asked Questions' concerning the model ordinance.
The City of Coppell's Fleet Manager, Mark Brochtrup, has attended numerous meeting at the
NCTCOG concerning the Clean Fleet Vehicle ordinance and has also provided our proposed ordinance
to the NCTCOG to ensure that the minor changes we made will be acceptable to NCTCOG.
The Fleet Manager has stated that his only concern with the ordinance is whether or not NCTCOG will
actually place a refueling time restriction on cities. This is covered in Section 2.3 of the proposed
ordinance, which states "Fleet Manager shall abide by latest refueling time/season guidance published
by NCTCOG Air Quality Planning. Public safety vehicles may be exempt."
Based on the resolution approved by the RTC on October 13, 2005 and the fact that future types of
funding are conditioned on the city's approval of a Clean Fleet Vehicle ordinance, staff recommends
approval of the Clean Fleet Vehicle ordinance and will be available to answer any questions at the
Council meeting.
Page 1 of 3
A ORDINANCE OF THE CITY OF COPPELL
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, SUPPORTING THE ADOPTION AND IMPLEMENTATION OF A CLEAN
FLEET VEHICLE POLICY.
WHEREAS, the Regional Transportation Council, comprised primarily of local elected
officials, is the regional transportation policy body associated with the North Central Texas
Council of Governments, and has been and continues to be a forum for cooperative decisions on
transportation; and,
WHEREAS, the Regional Transportation Council supports the adoption and
implementation of a Clean Fleet Vehicle Policy by the City of Coppell which was adopted by the
Regional Transportation Council on October 13, 2005; and
WHEREAS, the Dallas-Fort Worth area is a federally designated nonattainment area for
the pollutant ozone and air quality impacts the public health of the entire region; and
WHEREAS, the Regional Transportation Council is responsible for air quality
conformity; and the Clean Air Act Amendments of 1990 require that in air quality nonattainment
areas transportation plans and improvement programs conform to the applicable air quality
implementation plan; and
WHEREAS, the City of Coppell wants to set achievable goals and provide workable,
cost effective solutions to improve the Dallas-Fort Worth Metropolitan Area air, and implement
those measures as soon as practicable to improve air quality; and
WHEREAS, approximately fifty percent of the nitrogen oxide (NOx) emissions in the
Dallas-Fort Worth nonattainment area come from on-road vehicles.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, DALLAS COUNTY, TEXAS:
Section 1: Acquisition
1.1 Vehicle acquisitions for fleet expansion or replacement of model year
2004 or newer, shall be newest model year or engine standard only.
Page 2 of 3
1.2 Vehicle acquisitions to replace model year 2003 or older vehicles must
show at least a 25% reduction in Nitrogen Oxides (NOx) emissions rate
compared to the vehicle being replaced. (Waivers are possible when new
technologies or achievements of the required emission reduction are not
possible.)
1.3 Aftermarket technologies and conversions are acceptable for fleet
expansion and fleet replacements.
1.3.1 Aftermarket technologies and conversions must be Environmental
Protection Agency (EPA) and/or California Air Resources Board
(CARB) verified or certified or technology equivalent or better, as
determined by the North Central Texas Council of Governments
(NCTCOG) staff.
1.3.2 Conversions must comply with the provisions of EPA
Memorandum 1A and Addendum Revision (June 25, 1974 and
June 1, 1998).
Section 2. Operations
2.1 Vehicle idling is allowed only for safety, emergency response, vehicle
maintenance, equipment activity, approved warm-up/operations in cold
temperature, and manufacturer recommended minimum idle/warm-up
times.
2.2 Where possible, vehicles with the lowest NOx emissions that are capable
of performing the required operational demands shall drive the most miles.
2.3 Fleet Manager shall abide by latest refueling time/season guidance
published by NCTCOG Air Quality Planning. Public safety vehicles may
be exempt.
2.4 Non-emergency vehicles shall drive no more than the posted speed limit
and avoid rapid acceleration.
2.5 All drivers shall be trained on air quality appropriate operational
requirements.
Section 3. Maintenance
3.1 Perform annual emission and safety inspections for all vehicles, even for
vehicles with no state mandated inspection requirement.
3.2 All vehicles with over 100,000 miles must have emission inspections
every 25,000 miles thereafter.
Page 3 of 3
3.3 Perform at a minimum the manufacturer's recommended maintenance.
3.4 Mandatory participation in any diesel or other Texas Commission on
Environmental Quality or NCTCOG inspection/maintenance program,
including applicable test or pilot programs.
Section 4. Compliance Verification
4.1 Public sector entity shall provide NCTCOG with annual electronic update
of fleet size and activity in a format established by NCTCOG.
4.2 The City of Coppell acknowledges that entities not adopting and
complying with the Clean Fleet Vehicle Policy and/or reporting
requirements will not be eligible for future clean vehicle funding and RTC
may assess the City of Coppell compliance when considering other RTC
funding actions.
DULY PASSED by the City of Council of the City of Coppell, Texas this
_______________ Day of March 2006.
CITY OF COPPELL
______________________________
DOUGLAS STOVER, MAYOR
ATTEST:
_____________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
__________________________________
ROBERT E. HAGER, CITY ATTORNEY
DATE: March 28, 2006
ITEM #: 23
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork
DATE: March 28, 2006
ITEM #: 24
AGENDA REQUEST FORM
MAYOR AND COUNCIL REPORTS
A. Report by Mayor Stover regarding May 13th Election.
B. Report by Mayor Stover lunch with Jim Jackson.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
DATE: March 28, 2006
ITEM #: 25
AGENDA REQUEST FORM
COUNCIL COMMITTEE REPORTS
A. Carrollton/Farmers Branch ISD/Lewisville ISD – Councilmember Tunnell.
B. Coppell ISD – Councilmembers Faught and Suhy.
C. Coppell Seniors – Mayor Pro Tem Brancheau and Councilmember Peters.
D. Dallas Regional Mobility Coalition - Councilmember Peters.
E. Economic Development Committee - Councilmembers Suhy and York.
F. Metrocrest Hospital Authority - Councilmember Tunnell.
G. Metrocrest Medical Foundation - Councilmember Hinojosa-Flores.
H. Metrocrest Medical Services – Councilmember Hinojosa-Flores.
I. Metrocrest Social Service Center – Mayor Pro Tem Brancheau.
J. North Texas Council of Governments - Councilmember Tunnell.
K. NTCOG/Regional Emergency Management - Councilmember Suhy
L. North Texas Commission - Councilmember Peters.
M. Senior Adult Services - Councilmember Faught.
Agenda Request Form - Revised 06/03 Document Name: %ccommreport
DATE: March 28, 2006
ITEM #: 26
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec
CERTIFICATE OF AGENDA ITEM SUBMISSION
Council Meeting Date: March 28, 2006
Department Submissions:
Item Nos. 13, 17/E, 17/F and 17/G were placed on the Agenda for the
above-referenced City Council meeting by the Parks Department. I have
reviewed the Agenda Requests (and any backup if applicable) and hereby
submit these items to the City Council for consideration.
____________________
Parks Department
Item No. 22 was placed on the Agenda for the above-referenced City
Council meeting by the Engineering Department. I have reviewed the
Agenda Request (and any backup if applicable) and hereby submit this item
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-referenced 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
(or Deputy City Manager)