CP 2006-10-10
NOTICE OF CITY COUNCIL MEETING AND AGENDA
OCTOBER 10, 2006
DOUG STOVER, BILLY FAUGHT, Place 5
Mayor Mayor Pro Tem
TIM BRANCHEAU, Place 1 MARSHA TUNNELL, Place 4
JAYNE PETERS, Place 2 MARVIN FRANKLIN, Place 6
BRIANNA HINOJOSA-FLORES, Place 3 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)
Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public)
Regular Session 7:00 p.m. Council Chambers (Open to the Public)
Executive Session Immediately Following 1st Fl. Conf. Room (Closed 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, October 10, 2006, at 5:30 p.m. for
Work Session, and Regular Session will begin at 7:00 p.m., followed by Executive
Session, 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
WORK SESSION (Open to the Public)
2. Convene Work Session
A. Discussion regarding upcoming Legislative Session.
B. Discussion regarding Red Light Camera installation.
C. Discussion regarding appointments to Board of Adjustment and
American Red Cross.
D. Discussion regarding proposed Programming of Spaces at the
Senior Recreation Center building.
E. 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)
3. Convene Regular Session.
4. Invocation.
5. Pledge of Allegiance.
6. Consider approval of a Proclamation naming the week of October 23
through October 31, 2006 as Red Ribbon Week, and authorizing the
Mayor to sign.
7. Consider approval of a proclamation proclaiming the week of
October 8th through 14th, 2006, as Fire Prevention Week, and authorizing
the Mayor to sign.
8. Citizens' Appearances.
CONSENT AGENDA
9. Consider approval of the following consent agenda items:
A. Consider approval of minutes: September 26, 2006.
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ITEM # ITEM DESCRIPTION
B. Consider approval of an ordinance establishing the City Seal, Logo
and Associated Icons as the official Logo for the City of Coppell;
and authorizing the Mayor to sign.
C. Consider approval of an ordinance revising the Thoroughfare Plan
to add the proposed Lesley Drive as a two-lane undivided collector
street (C2U), in its entirety from IH 635 to Dividend Drive; and
authorizing the Mayor to sign.
D. Consider approval to purchase a Dispatch Radio Control Upgrade
from Motorola in the amount of $61,865.43, which is being funded
by the Homeland Security Grant Program (HSGP) Sub-Recipient
Agreement; and authorizing the City Manager to sign.
E. Consider approval of a Letter of Agreement with Teague Nall and
Perkins for Professional Services related to the design, bidding and
construction administration of Beautification of Medians on East
Sandy Lake Road, in the amount of $54,000.00, and authorizing the
City Manager to sign.
F. Consider approval of an Interlocal Cooperation Agreement with
Denton County to receive compensation in the amount of $5,734
for library services for fiscal year 06/07; and authorizing the Mayor to
sign.
G. Consider approval of an Ordinance for Case No. S-1235-TC, Healthy
Me Marketplace, zoning change request from TC (Town Center) to
S-1235-TC (Special Use Permit-1235-Town Center), to allow the
operation of a 2,995-square-foot grocery and restaurant, which will
include interactive food preparation or cooking school, to be
located in the Town Center Addition, Lot 2, Block 3, along the east
side of Denton Tap Road; north of Town Center Boulevard, and
authorizing the Mayor to sign.
END OF CONSENT
10. PUBLIC HEARING:
Consider approval of Case No. PD-195R-O, Callahan Medical/Office
Addition, zoning change request from PD-195-O (Planned Development-
195-Office) to PD-195R-O (Planned Development–195 Revised-Office) to
allow additional attached signage and a revision to the monument sign
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ITEM # ITEM DESCRIPTION
to allow for a multi-tenant sign on 1.95 acres of property located at 848 S.
Denton Tap Road, north of Belt Line Road.
11. PUBLIC HEARING:
Consider approval of Case No. PD-199R4-HC-S-1211R2 Service Star, zoning
change request from PD-199-HC-S-1211R (Planned Development-199-
Highway Commercial-Special Use Permit-1211 Revised) to PD-199R4-HC-S-
1211R2 (Planned Development 199-Highway Commercial-Special Use
Permit-1211 Revision 2), to revise the detail site plan for Tract 4 to allow the
development of 9,310-square-foot retail building and to allow revised
signage for the previously approved auto repair garage on 2.24 acres of
property located at the southwest corner of S.H. 121 and MacArthur Blvd.
12. Consider approval of the Coppell Town Center Plaza, Site Plan, to allow
the development of plaza area to include an amphitheater, 65-foot tall
tower element, water feature, shade pavilion, walkways, seating areas
and landscaping on approximately 6 acres of property located south of
Coppell Town Center and east of the Justice Center.
13. PUBLIC HEARING (continued):
Consider approval of Case No. PD-214-TH-1, TH-2, C and SF-9, The
Ellington, zoning change request from C (Commercial), R (Retail) and SF-9
(Single Family–9) to PD-214-TH-1, TH-2, C and SF-9 (Planned Development-
214-Townhouse-1, Townhouse-2, Commercial and Single-Family), with a
Concept Site Plan to allow the development of 125 townhouse units (67
TH-1 units on approximately 11.6 acres of Tract A.1 and 58 TH-2 units on
approximately 7.5 acres of Tract A.2); Commercial uses on Tract A.3
(approximately 2 acres) along Sandy Lake Road; and on Tracts A.4 and
A.5 (4.4 acres) along Denton Tap Road; SF-9 on 3.3 acres for park/open
space, on Tract B for a total of approximately 29.05 acres of property
located south of Sandy Lake Road, and west of Denton Tap Road.
14. Consider approval of awarding Bid/Contract # Q-0806-01 to Tiseo Paving
Company for the construction of the Bethel Road I project, from Freeport
Parkway to the west city limit line, in an amount of $7,293,659, as provided
for in CIP funds; and authorizing the City Manager to sign.
15. Consider approval of an ordinance providing for the implementation of
an automated red light enforcement program in the city of Coppell,
Texas; imposing a civil penalty; providing a repealing clause; providing a
severability clause; providing a savings clause; providing an effective
date; and authorizing the Mayor to sign.
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ITEM # ITEM DESCRIPTION
16. Consider approval of an ordinance amending Chapter 6-5 Special Events
and repealing Ordinance No. 2003-1065 in its entirety and authorizing the
Mayor to sign.
17. Consider approval of a Resolution approving the bylaws of the Texas
Clean Air cities coalition or coalition of cities and other local government
entities and organizations formed to pursue mutual interests in respect of
certain coal-burning electric power plants proposed for construction in
Texas, and to preserve the rights of Texas local governments to reasonably
priced electric energy; accepting membership in said coalition;
appointing a representative to serve on behalf of the city of Coppell;
approving payment of a membership assessment; providing an effective
date, and authorizing the Mayor to sign.
18. Consider approval of accepting the resignation of Lawrence Swicegood
from the Board of Adjustment and appointing a new member to fill the
unexpired term.
19. Consider approval of accepting the resignation of Nancy Yingling from
the American Red Cross and appointing a new member to fill the
unexpired term.
20. Necessary action resulting from Work Session.
21. Mayor and Council Reports.
A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting.
EXECUTIVE SESSION (Closed to the Public)
22. 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,; and CB Parkway Business
Center, et al vs. City of Coppell, et al.; and City of Dallas vs.
Douglas Stover, et al in the 191st District Court; and City of
Coppell, et al vs. City of Dallas, et al in the 101st District Court.
2. Discussion regarding Sex Offender Ordinance.
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ITEM # ITEM DESCRIPTION
B. Section 551.072, Texas Government Code - Deliberation regarding
Real Property.
1. Sale of property South of Bethel and West of Denton Tap.
C. Section 551.087, Texas Government Code – Economic
Development Negotiations.
1. Economic Development Prospects on the west side of
Coppell.
23. Necessary Action Resulting from Executive Session.
Adjournment.
____________________________________
Douglas N. Stover, Mayor
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 _________ day of
_________________, 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).
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KEY TO COUNCIL GOALS ICONS
2007
Economic Development
• Promote highest and best use of Lesley tract
• Continue to explore large tract development options
• Continue “hot spot” focus
• Refine “Old Coppell” vision
• Assess use/sale/acquisition of City property
• Develop strategy to attract and retain high value office/retail/development
Quality Public Facilities & Infrastructure
• Explore funding sources for IMF
• Implement ½-cent sales tax reallocation for parks
• Continue focus on local/regional transportation efforts
• Provide quality park and recreation facilities
Excellent City Services & High Citizen Satisfaction
• Continue strategic planning for future costs of service delivery
• Timely response with quality service delivery
• Optimize citizen communication efforts
• Promote citizen involvement
• Actively participate in the legislative process
Sense of Community
• Develop and support community special events
• Encourage and evaluate teen initiatives
• Reassess viability of City cemetery
• Evaluate services and programs for senior citizen community
• Continue support for social services benefiting Coppell citizens
• Continue partnership with public entities serving our community
Fiscal Stability
• Continue and refine financial planning and forecasting
• Continue systematic management of debt and expenditures
• Balance expenditures with ability to maintain over time
• Perform cost analysis on all approved projects and programs prior to implementation
• Minimize potential impact of external factors and developments
Neighborhood Integrity & Code Enforcement
• Maintain communication with neighborhoods and the community
• Update Master Plan and Zoning as required
• Continue proactive neighborhood integrity programs
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: October 10, 2006
ITEM #:WS-2
AGENDA REQUEST FORM
WORK SESSION
A. Discussion regarding upcoming Legislative Session.
B. Discussion regarding Red Light Camera installation
C. Discussion regarding appointments to Board of Adjustment and American
Red Cross
D. Discussion regarding proposed Programming of Spaces at the Senior
Recreation Center building.
E. Discussion of Agenda Items.
Agenda Request Form - Revised 02/04 Document Name:
%worksession
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Police
October 10, 2006
6
✔
PROCLAMATION
Consider approval of a Proclamation naming the week of October 23 through October 31, 2006 as RED RIBBON WEEK,
and authorizing the Mayor to sign.
Along with other Metrocrest cities, the City of Coppell, through its representatives, has participated in the Metrocrest
Red Ribbon Campaign Committee's efforts to combat alcohol & drug abuse in our communities. It is our desire to
present a uniformed and visible commitment toward a drug-free community, particularly during the Texas Red Ribbon
Week, October 23 - 31, 2006. Various activities are planned to focus the attention toward this effort. Members of the
Police department as well as various school and city officials will attend a Red Ribbon breakfast on October 20th to
gear up for the event. McGruff and Coppell Police Officers will make visits to the elementary schools in Coppell. Red
Ribbons will be distributed and worn to promote the week and all city owned vehicles will display red ribbons.
Therefore, submitted herewith is a proclamation for consideration by City Council to proclaim October 23 - 31, 2006 as
RED RIBBON WEEK.
Staff recommends approval.
)RRibbon WK
Proclamation
WHEREAS, tobacco, alcohol, and other drug use has reached epidemic stages in the
United States, with the 15-24 year old age group dying at a rate which is higher than that of any
other age group; and
WHEREAS, in an effort to combat the continuing demand for drugs in our country, it is
imperative that our community launch a visible, unified prevention education effort directed
toward both youth and adult age groups; and
WHEREAS, Texans’ War on Drugs is sponsoring the Red Ribbon Campaign all across
our State during Red Ribbon Week, October 23 through October 31, 2006, to offer Texans the
opportunity to demonstrate their commitment to drug-free lifestyles; and
WHEREAS, individuals and groups in business, government, law enforcement,
education, religious institutions, athletic and service organizations, and others will demonstrate
their commitment to drug-free, healthy lifestyles by wearing and displaying Red Ribbons during
Red Ribbon Week; and
WHEREAS, the Coppell Police Department desires to present a uniformed and visible
commitment toward a drug-free community, particularly during the Texas Red Ribbon Week,
and plan to involve all segments of our community: schools, churches, businesses and industry,
media, and City employees.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do hereby
proclaim the week of October 23 through October 31, 2006 as
“Red Ribbon Week”
in the City of Coppell, Dallas County, Texas. The Mayor and City Council call on all citizens to
join in this worthwhile campaign toward a drug-free community.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of
Coppell to be affixed this ___________ day of October 2006.
____________________________________
Douglas N. Stover, Mayor
ATTEST:
____________________________________
Libby Ball, City Secretary
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ ȱ
Fire
October 10, 2006
7
✔
PROCLAMATION
Consider approval of a proclamation proclaiming the week of October 8th through 14th, 2006, as Fire Prevention
Week, and authorizing the Mayor to sign.
Staff recommends approval.
(Fire Prevention Wk-1AR
PROCLAMATION
WHEREAS, the City of Coppell is committed to ensuring the safety and security of all those
living in and visiting our city and state; and
WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are
the locations where people are at greatest risk from fire; and
WHEREAS, research shows that cooking is the leading cause of home fires. One out of three
home fires begins in the kitchen more than any other place in the home; and
WHEREAS, the City of Coppell Fire and EMS responders are dedicated to reducing the
occurrence of home fires and home fire injuries through prevention and protection education; and
WHEREAS, the City of Coppell residents using lessons learned through public education and
proper care when cooking will have a positive effect on the issue of residential fires; and
WHEREAS, there were 388,500 reported home fires in the United States resulting in 3,145
deaths, 13,650 injuries, and $5.9 billion dollars in direct property damage; and
WHEREAS, approximately 25 percent of these fires were cooking or cooking equipment
related fires; and
WHEREAS, each cooking fire that is prevented in the City of Coppell is an opportunity to
prevent painful injury and costly property damage; and
WHEREAS, the 2006 Fire Prevention Week theme, “Prevent Cooking Fires: Watch What You
Heat”, effectively serves to remind us all of the simple actions we can take to stay safer from fire
during Fire Prevention Week and year-round.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do hereby
proclaim the week of October 8 through 14, 2006, as
FIRE PREVENTION WEEK
AND, FURTHER THEREFORE, I urge all the residents of the City of Coppell to heed the
important safety messages of Fire Prevention Week 2006, and support the many public safety activities
and efforts of the City of Coppell Fire and Emergency Services.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be
affixed this 10th day of October 2006.
___________________________________
Douglas N. Stover, Mayor
ATTEST:
_______________________________
Libby Ball, City Secretary
DATE: October 10, 2006
ITEM #: 8
AGENDA REQUEST FORM
CITIZENS' APPEARANCES
ORDINANCE NO. 2001-964
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND
PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE
FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR
CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting City
Council Meetings," be, and the same is hereby, amended to read as follows:
"ARTICLE 1-10
RULES, TIMES AND PROCEDURES FOR CONDUCTING
CITY COUNCIL MEETINGS
". . .
1-10-6.2.1 CITIZENS APPEARANCE
Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must sign
a register and list their residence address, provided by the City Secretary on a table outside the Council Chambers,
and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or special meeting.
Each speaker must state his or her name and address of residence. Presentations by individuals during the
"Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be extended for
an additional two (2) minutes with the approval of a majority of the Council members present. There shall be a
cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting. Those persons who
signed up to speak at the "Citizens Appearance" shall be called upon in the order that they have signed the
provided register. No personal attacks by any speaker shall be made against any member of the Council, Mayor,
individual, group or corporation (Charter Article 3, Section 3.12).
Agenda Request Form - Revised 09/02 Document Name: %citapp.doc
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Secretary
October 10, 2006
9/A
✔
PRESENTATION
Consider approval of minutes: September 26, 2006
Staff recommends approval.
%minutes
MINUTES OF SEPTEMBER 26, 2006
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, September 26, 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)
Billy Faught, Mayor Pro Tem
Tim Brancheau, Councilmember
Jayne Peters, Councilmember (late arrival)
Brianna Hinojosa-Flores, Councilmember
Marsha Tunnell, Councilmember (late arrival)
Marvin Franklin, Councilmember
Bill York, Councilmember
Also present were City Manager Jim Witt, City Secretary Libby Ball and City
Attorney Robert Hager.
1. Call to order.
Mayor Pro Tem Faught called the meeting to order, determined that a
quorum was present and convened into Work Session.
WORK SESSION (Open to the Public)
2. Convene Work Session
A. Nomination for NLC Board and NLC Committees.
B. Update on 2007 State of Texas Legislative Session.
C. Discussion of Agenda Items.
Mayor Stover and Councilmember Peters arrived prior to convening Work
Session and Councilmember Tunnell arrived during Work Session.
RECEPTION FOR BOARD/COMMISSION/COMMITTEE MEMBERS IN
ATRIUM FROM 6:00 PM TO 7:00 PM.
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REGULAR SESSION (Open to the Public)
3. Convene Regular Session.
4. Invocation.
Msgr. Leon Duesman of St. Ann Catholic Church led those present in the
Invocation.
5. Pledge of Allegiance.
A Boy Scout member led those present in the Pledge of Allegiance.
6. Swearing in of newly appointed Board/Commission/Committee
members.
Mayor Stover swore in newly appointed Board/Commission/Committee
members who were present.
Item 11 was considered at this time. See Item 11 for minutes.
7. Citizens' Appearances.
City Manager Jim Witt summarized the history of the property being
discussed by the citizens who were signed up to speak under Citizens’
Appearances.
A. Tom Garding, 927 Moonlight Cove, spoke regarding the horses in
Old Town.
B. Joy McCabe, 289 Willingham, spoke regarding the Senior Center.
C. Georgealy Morrow, 518 See, spoke regarding the Senior Center.
D. William Koopman, 218 Edgewood Drive, spoke regarding the
Senior Center.
E. Jacquelynn Parrish, 805 Howell Drive, spoke regarding the Senior
Center.
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F. Emily Yorke, 333 Woodhurst Place, spoke regarding the horses in
Old Town/Senior Center location.
G. David Capps, 542 Rolling Hills, spoke regarding the Senior Center.
H. Steven Bauer, 261 Rosemount Court, spoke regarding the Senior
Center location/cost effective location.
I. Jerry Andrews, 702 Penfolds Lane, spoke regarding the proposed
Senior Center location.
J. Frank Theilen, 275 Benson Lane, spoke regarding the Senior
Center.
K. Todd Wilcox, 314 Hearthstone, spoke regarding the Senior
Center/horses in Old Town.
L. Roger Kellett, 283 Benson Lane, spoke regarding the
Senior/Community Center and horses in Old Town.
M. Debbie Derk, 301 Hearthstone Lane, spoke regarding the Senior
Center/horses in Old Town.
N. Melvin Gross, 152 Cottonwood Drive, spoke regarding the Senior
Center.
O. Sue Miller, 124 Kingsridge Drive, spoke regarding the Senior
Center location.
P. Zelma Plumlee, 304 Willow Springs, spoke regarding the Senior
Center.
Q. Lou Duggan, 768 Crestview Court, spoke regarding the Senior
Center.
R. Vivian Fox, 253 Rosemount Court, spoke regarding the Senior
Center.
S. Tom Fee, 705 Penfolds Lane, spoke regarding the horses in Old
Town/Senior Center.
T. Mary Porter (and her daughter, Ellie), 448 Leisure, spoke regarding
the horses in Old Town/Senior Center.
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CONSENT AGENDA
8. Consider approval of the following consent agenda items:
A. Consider approval of minutes: September 12, 2006.
B. Consider approval of a revision to the city of Coppell
Travel Policy for Mayor and Council.
C. Consider approval of renewing the service agreement with
Motorola, Inc. for the maintenance of all city radios and
the communication network in the amount of
$54,034.44; and authorizing the City Manager to sign.
Action:
Councilmember Tunnell moved to approve Consent Agenda Items A, B
and C. Councilmember Peters seconded the motion; the motion carried
7-0 with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters,
Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the
motion.
9. Consider approval of a resolution endorsing the joint
recommendation for regional rail in North Central Texas as
approved by the boards of Dallas Area Rapid Transit (DART),
Denton County Transportation Authority (DCTA) and the Fort
Worth Transportation Authority (The T) that supports the
concept of local option funding of public transit in the region
by exempting an amount equal to the locally authorized transit
sales tax from the 2% local sales tax cap, and authorizing the
Mayor to sign.
Presentation:
City Manager Jim Witt made a presentation to the Council.
Action:
Councilmember Peters moved to approve Resolution No. 2006-0926.1
endorsing the joint recommendation for regional rail in North Central
Texas as approved by the boards of Dallas Area Rapid Transit (DART),
Denton County Transportation Authority (DCTA) and the Fort Worth
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Transportation Authority (The T) that supports the concept of local
option funding of public transit in the region by exempting an amount
equal to the locally authorized transit sales tax from the 2% local sales
tax cap, and authorizing the Mayor to sign. Councilmember Brancheau
seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught
and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell,
Franklin and York voting in favor of the motion.
10. Consider approval of the Annual Corporate Report for the
Coppell Education Development Corporation.
Presentation:
City Manager Jim Witt gave the annual report of the Coppell Education
Development Corporation.
Action:
Councilmember Franklin moved to approve the Annual Report of the
Coppell Education Development Corporation. Councilmember Peters
seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught
and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell,
Franklin and York voting in favor of the motion.
11. Presentation by Gayel Cheng regarding the termination of the
horse area lease located on City property.
This item was considered prior to Item 7.
Presentation:
Gayel Cheng, 249 Rosemount Court, addressed Council regarding the
horse area in Old Town.
12. Necessary action resulting from Work Session.
There was no action necessary under this item.
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13. Mayor and Council Reports.
A. Report by Mayor Stover regarding the Drug/Alcohol
Community Forum held September 18th.
B. Report by Mayor Stover regarding the September 18th
Gunman Incident.
C. Report by Councilmember Tunnell regarding the NLC
Community and Economic Development Meeting Report.
A. Mayor Stover thanked the organizers of the Drug/Alcohol
Community Forum that was held on September 18th and expressed
disappointment that only 75 people attended.
B. Mayor Stover discussed an incident which occurred on
September 18th wherein a gunman approached a citizen and
reminded everyone of the importance of being aware of their
surroundings.
C. Councilmember Tunnell reported that an Economic Development
meeting was held in early September where discussions were held
regarding economic development after a disaster, NLC’s role for
housing and affordable housing, communities that assist not being
forgotten in the aftermath regarding reimbursement and NLC’s
resolution regarding immigration.
14. Council Committee Reports.
A. Carrollton/Farmers Branch ISD/Lewisville ISD –
Councilmember Tunnell.
B. Coppell ISD – Mayor Pro Tem Faught and Councilmember
York.
C. Coppell Seniors – Mayor Pro Tem Faught and
Councilmember Brancheau.
D. Dallas Regional Mobility Coalition - Councilmember
Peters.
E. Economic Development Committee - Councilmembers
Peters and Franklin.
F. Metrocrest Hospital Authority - Councilmember Tunnell.
G. Metrocrest Medical Foundation - Councilmember
Hinojosa-Flores.
H. Metrocrest Medical Services – Councilmember Hinojosa-
Flores.
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I. Metrocrest Social Service Center – Councilmember York.
J. North Texas Council of Governments - Councilmember
Peters.
K. NTCOG/Regional Emergency Management -
Councilmember Franklin.
L. North Texas Commission - Councilmember Brancheau.
M. Senior Adult Services – Mayor Pro Tem Faught.
A. Councilmember Tunnell reminded everyone of the Ranchview
Homecoming. She advised Fair Days would be October 9th and
10th. LISD held a cyber safety night and had an investigator with
the cyber crimes unit speak.
B. Mayor Pro Tem Faught reported that CISD would hold a Town Hall
meeting to receive input regarding the vision of the high school;
that the CISD reduced their tax rate; that the high school
Homecoming parade and game would be held on September 28th
and 29th. He also stated that out of all independent school
districts with over 10,000 students CISD had the highest
percentage of students passing the TAKS test. Councilmember
Tunnell announced that the Metrocrest Red Ribbon week would be
October 20th.
C. Councilmember Brancheau advised that the seniors had a
retirement party for Linda Hayes. Mayor Pro Tem Faught also
reported that he had attended a meeting with the focus group for
the new Senior Center where they discussed room sizes,
programming and location.
D. Councilmember Peters stated that The University of Texas at
Dallas and the University of North Texas has been conducting a
survey to see how the taxing issue should be handled regarding the
transit tax.
E. Councilmember Franklin advised he had attended an Economic
Development Committee meeting on September 6th and Kimberly
Clark will occupy a major block of space on Sandy Lake Road and
the slab has been poured for the Hard Eight.
F. Councilmember Tunnell announced that the Hospital Partners
Association has been selected as the operator for the two hospital
authorities’ properties of RHD and Trinity.
ag092606
Page 7 of 9
G. Councilmember Hinojosa-Flores informed the council that she had
attended the Annual Gala on September 23rd at the Bent Tree
Country Club. She thanked all who attended.
H. There was nothing to report on this item.
I. Councilmember York reported that the Metrocrest Social Service
Center had their annual retreat last week.
J. There was nothing to report on this item.
K. There was nothing to report on this item.
L. Councilmember Brancheau reported that the North Texas
Commission’s annual luncheon meeting was held September 15th.
M. Mayor Pro Tem Faught announced that the Senior Adult Services
has a new chairman; the golf tournament will be held on October
16th and a book sorting will be held on October 28th in preparation
for the Book Worm Bash.
EXECUTIVE SESSION (Closed to the Public)
15. 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,; and CB Parkway
Business Center, et al vs. City of Coppell, et al.; and
City of Dallas vs. Douglas Stover, et al in the 191st
District Court; and City of Coppell, et al vs. City of
Dallas, et al in the 101st District Court.
B. Section 551.072, Texas Government Code - Deliberation
regarding Real Property.
1. Sale of property South of Bethel and West of Denton
Tap.
ag092606
Page 8 of 9
Mayor Stover convened into Executive Session at 9:52 p.m. as allowed
under the above-stated article. Mayor Stover adjourned the Executive
Session at 11:07 p.m. and re-opened the Regular Session.
16. Necessary action resulting from Executive Session.
There was no action necessary under this item.
There being no further business to come before the City Council, the
meeting was adjourned.
____________________________________
Douglas N. Stover, Mayor
ATTEST:
____________________________________
Libby Ball, City Secretary
ag092606
Page 9 of 9
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
City Administration
October 10, 2006
9/B
✔
ORDINANCE
Consider approval of an Ordinance establishing the City Seal, Logo and Associated Icons as the official Logo for the
City of Coppell; and authorizing the Mayor to sign.
The city of Coppell's corporate image program includes a variety of logo components, as well as a Basic Design
Manual providing the building blocks needed for a strong identity. Adherence to the use of the logo and the
associated standards is important in maintaining this tool as the City's identity mark. Trade and service marking
through the state and federal governments can be a lengthy an expensive process. This ordinance will protect the
City's logo by designating it as the official mark for the city of Coppell, thus protecting it from unauthorized use.
Staff recommends approval.
!Logo Protection Ordinance-1AR.pdf
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
ESTABLISHING THE CITY SEAL, LOGO AND ASSOCIATED ICONS
AS THE OFFICIAL LOGO FOR THE CITY OF COPPELL,
ESTABLISHING THE AUTHORIZED AND UNAUTHORIZED USE OF
THE CITY LOGO; PROVIDING A PENALTY OF FINE NOT TO
EXCEED FIVE HUNDRED DOLLARS ($500.00); PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS
SECTION 1. That the City Council of the City of Coppell, Texas has established the
City Seal, logo and associated icons as the official logo for the City of Coppell, which is attached
hereto and incorporated herein as Exhibit “A.”
SECTION 2. A person commits an offense if he uses the official flag, seal, shield, logo,
badge, or other insignia of the City or a department of the City or a facsimile of the flag, seal,
shield, logo, badge, or other insignia of the city or a department of the City:
(1) for commercial purposes; or
(2) to signify or imply sponsorship or approval by an agency or department of the City.
SECTION 3. An offense under this Article shall be deemed to be a misdemeanor and,
upon conviction, is punishable by a fine not to exceed five hundred dollars ($500.00) for each
offense.
SECTION 4. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall
remain in full force and effect.
SECTION 5. Should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the
part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the
Code of Ordinances of the City of Coppell, Texas
SECTION 6. Should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the
part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the
Code of Ordinances of the City of Coppell, Texas
SECTION 7. That this ordinance shall take effect immediately from and after its passage
and publication as the law and charter in such cases provide.
DULY PASSED by the City of Coppell City Council on the ______ day of __________,
2006.
APPROVED:
______________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_______________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/als)(69990)
EXHIBIT A
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ ȱ
Engineering
October 10, 2006
9/C
✔
ORDINANCE
Consider approval of an ordinance revising the Thoroughfare Plan to add the proposed Lesley Drive as a two-lane
undivided collector street (C2U), in its entirety from IH 635 to Dividend Drive; and authorizing the Mayor to sign.
Approval of this ordinance will add Lesley Drive as a 2-lane undivided collector street (C2U), from IH 635 northward to
the proposed extension of Dividend Drive.
Staff will be available to answer any questions at the council meeting.
Staff recommends approval of this ordinance revising the
Thoroughfare Plan.
#Thoroughfare Plan Ord
MEMORANDUM
TO:Mayor and City Council
FROM:Kenneth M. Griffin, P.E., Director of Engineering and Public Works
DATE:October 10, 2006
REF: Consider approval of an ordinance revising the Thoroughfare
Plan to add the proposed Lesley Drive as a two-lane undivided
collector street (C2U), in its entirety from IH 635 to Dividend
Drive; and authorizing the Mayor to sign.
Recently, members of city staff have been meeting with the developer of the
'Lesley' tract at the northwest corner of IH 635 and Belt Line Road. In an effort to
provide better ingress and egress to the site, the developer approached
representatives of the Texas Department of Transportation (TxDOT) requesting
that they allow a connection to the existing westbound ramp onto IH 635 from
Belt Line Road.
TxDOT does not allow any road to intersect its frontage roads unless the road is
contained on a city's Thoroughfare Plan. Also, TxDOT does not allow any road
to intersect a ramp providing either entrance on to or exit off of a highway.
Because of these requirements, the developer has requested that the city consider
revising its Thoroughfare Plan to show a roadway from IH 635 northward to a
proposed extension of Dividend Drive. Because a roadway in this general
location will improve traffic circulation in and around the proposed development
of the 'Lesley' tract, staff is in support of the request from the developer to revise
our Thoroughfare Plan.
If Council approves this ordinance, the developer will then be required by TxDOT
to remove the existing ramp leading from Belt Line Road to westbound IH 635
and reconstruct a new frontage road and ramp.
In meetings with TxDOT that I attended with the developer and the developer's
engineer last week, it was very clear what TxDOT was trying to accomplish with
regard to allowing access from the 'Lesley' tract to IH 635.
First and foremost, TxDOT does not allow any access to ramps; therefore, the
developer will be required to remove the existing ramp and construct what
TxDOT will classify as a frontage road. That frontage road will be in the general
alignment and location of the existing ramp. Once TxDOT designates that as a
frontage road, the developer will be allowed to connect a thoroughfare i.e., the
proposed Lesley Drive, to that frontage road. Proceeding west from Lesley Drive,
the developer will then be required to build a new ramp entrance from the
frontage road to westbound IH 635. Because of spacing requirements, the new
entrance onto IH 635 will be further west than the existing entrance.
The end product of the frontage road with the ramp will be very similar to the
existing ramp. However, the important thing to TxDOT is that a portion of the
rebuilt access to IH 635 will be classified as an access road which allows for the
intersection of streets that are on a city's Thoroughfare Plan.
The developer's engineer, Pacheco Koch, has provided a preliminary cost estimate
for the removal of the existing ramp and the reconstruction of an access road and
a new ramp in an amount slightly more than one million dollars.
As the 'Lesley' tract development progresses, Council will see additional agenda
items concerning agreements between the City of Coppell and TxDOT and
potentially the developer to allow for the construction of a new frontage road and
ramp and the connection of a thoroughfare street to the new frontage road.
Staff recommends approval of the addition to the city's Thoroughfare Plan of a
C2U to connect IH 635 with the proposed extension of Dividend Drive. Staff will
be available to answer any questions at the council meeting.
1 INCH = FT.
0 800
800
400
Proposed Thoroughfare
Plan Revision
City of Coppell
Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\THOROUGHFARE PLAN 06
Created on: 27 September 2006 by Scott Latta
PROPOSED THOROUGHFARE
PLAN REVISIONS
Page 1 of 2
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING ORDINANCE NUMBER 95703 THE COPPELL
THOROUGHFARE PLAN CODIFIED AT ARTICLE 15-9 OF THE
CODE OF ORDINANCES OF THE CITY OF COPPELL, TEXAS TO
ADD THE ROADWAY CLASSIFICATION OF THE PROPOSED
LESLEY DRIVE IN ITS ENTIRETY TO C2U CLASSIFICATION;
PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That the Coppell Thoroughfare Plan as heretofore adopted and
codified at Article 15-9 of the Code of Ordinances of the City of Coppell, Texas, be, and the
same is hereby amended by adding Lesley Drive with a roadway classification of C2U, from
its point of intersection with I.H. 635 northward to its point of intersection with Dividend
Drive, as shown on Exhibit 'A' attached hereto, and made apart hereof, for all purposes.
SECTION 2. That all ordinances and provisions of the Code of Ordinances of the
City of Coppell, Texas in conflict with the provisions of this ordinance be, and the same are
hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance
shall remain in full force and effect.
SECTION 3. That should any word, phrase, paragraph, section or portion of this
ordinance, or of the Code of Ordinances, as amended hereby, be held to be void or
unconstitutional, the same shall not affect the validity of the remaining portions of said
ordinance or of the Code of Ordinances, as amended hereby, which shall remain in full force
and effect.
Page 2 of 2
SECTION 4. That this ordinance 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:
__________________________________
ROBERT E. HAGER, CITY ATTORNEY
WRANGLER DRIVE
AIRLINE DRIVE
BELT LINE ROADSOUTHWESTERN BLVD.
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AKLE ROADBLVD.RUHTRACAMRVIERCH
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EDR.BELT LINE ROAD
DART RAILROAD
BETHEL SCHOOL RD.HEARTZ ROADDENTON TAP ROADOMCKINGRIBDLANEBET H E L
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I H 6
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CREEKVIEW DR.
BELTFREEPORT PKWY.DIVIDEND DRIVE
LESLEYDRIVE04000 2000 4000
LEGEND
2 Lane Undivided ( 60' R.O.W. )
4 Lane Undivided ( 70' R.O.W. )
4 Lane Divided ( 90' R.O.W. )
6 Lane Divided ( 110' R.O.W. )
4 Lane Divided in a 6 Lane Divided
Right-of-Way. ( 110' R.O.W. )
Does Not Meet Current Thoroughfare Plan
Meets Current Thoroughfare Plan
Proposed Thoroughfare
DATE: 09/26/06
CITY OF COPPELL
MAJOR THOROUGHFARE PLAN
Exhibit 'A'
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
Fire/Emergency Mgt.
October 10, 2006
9/D
✔
CONTRACT/BID or PROPOSAL
Consider approval to purchase a Dispatch Radio Control Upgrade from Motorola in the amount of $61,865.43, which is
being funded by the Homeland Security Grant Program (HSGP) Sub-Recipient Agreement; and authorizing the City
Manager to sign.
Funds are being provided by a Homeland Security Grant.
Staff recommends approval.
(Dispatch Upgrade Grant
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ ȱ
Parks and Recreation
October 10, 2006
9/E
✔
CONTRACT/BID or PROPOSAL
Consider approval of a Letter of Agreement with Teague Nall and Perkins for Professional Services related to the
design, bidding and construction administration of Beautification of Medians on East Sandy Lake Road, in the amount
of $54,000.00, and authorizing the City Manager to sign.
Award of this Agreement will authorize the City Manager to execute documents to procure the Professional Services
of Teague Nall and Perkins (TNP) for design services related to the beautification of the soon to be completed sections
of Sandy Lake Road, East of MacArthur Blvd. TNP is currently performing similar services for the city on the medians in
Sandy Lake Road, West of Coppell Road. They are familiar with the desires of the city for a sustainable landscape in
the medians, requiring minimal maintenance and limited watering, while offering an attractive end product.
Funds are available in the Escrow accounts for this contract.
Approval of a Letter of Agreement with Teague Nall and Perkins for
Professional Services.
^ Sandy Lake Medians
1100 Macon Street • Fort Worth, Texas 76102 • 817.336.5773 phone • 817.336.2813 fax
AUTHORIZATION FOR PROFESSIONAL SERVICES
PROJECT NAME: East Sandy Lake Road Landscape Improvements
TNP PROJECT NUMBER: CPL 06569
CLIENT: City of Coppell
ADDRESS: 816 Coppell Road
Coppell, Texas 75019
Attn: Mr. John Elias, Park Operation Manager
The City of Coppell (the CLIENT) hereby requests and authorizes Teague Nall and Perkins, Inc., (the
CONSULTANT) to perform the following services:
Article I
SCOPE: Provide professional design services for the landscape improvements along East Sandy Lake
Road from the intersection of N. MacArthur Boulevard to East City Limit Line, in the City of
Coppell, Texas:
The purpose of this project is to develop Construction Document Plans, Specifications, and
Estimates that will provide guidance to a contractor to bid and install the landscape streetscape
along East Sandy Lake road as stated.
The Consultant will provide landscape design improvements based on established streetscape
planting schemes as developed on the West Sandy Lake road section. The consultant will
coordinate his efforts with the client’s representative as necessary.
A detailed scope of services is included as Attachment 'A' and is made a part hereto.
Article II
COMPENSATION to be on a basis of the following:
1. BASIC SERVICES: The CLIENT agrees to pay the CONSULTANT a fixed fee as outlined below for BASIC
SERVICES as outlined in Attachment 'A'. BASIC SERVICES shall be billed monthly based on the
percentage of work complete.
a. Construction Document – Plans, Specifications and Estimates (PS&E).
i. Landscape and Irrigation Design ($46,400.00 Forty Six Thousand Four Hundred Dollars).
b. Construction Administration (CA) Services.
i. CA services ($7,600.00 Seven Thousand Six Hundred Dollars).
2. ADDITIONAL SERVICES: ADDITIONAL SERVICES shall be any service provided by the
CONSULTANT, which is not specifically included in BASIC SERVICES as defined above or
delineated in Attachment ‘A’. ADDITIONAL SERVICES shall include, but shall not be limited to:
a.) Land planning, lot layout and configuration, preliminary plat preparation, final plat
preparation, zoning applications, zoning exhibits, preliminary utility plans, drainage studies
and preliminary drainage plans;
www.tnp-online.com
Page 2
b.) Property research and real property surveying for easements, right-of-ways or plats;
c.) Preparation of real property transfer documents, exhibits or plats;
d.) Participation in real property acquisition;
e.) Trips and meetings beyond a 100 mile radius of Fort Worth;
f.) Subcontract charges, photocopies, plan reproduction, computer charges, etc. not described
in BASIC SERVICES or Attachment ‘A’;
g.) Printing, copying, plotting and document reproduction;
h.) Construction staking; and/or
i.) Construction inspection beyond what is stated in scope.
ADDITIONAL SERVICES shall be considered additional work and shall be reimbursed at
standard TNP hourly rates or TNP standard rates for items provided in-house, or direct
expenses times a multiplier of 1.10 for non-labor, subcontract or mileage items.
3. PAYMENT TERMS: CLIENT shall be billed monthly for services rendered and pay promptly
upon receipt of invoice. Delays of transmitting payments to CONSULTANT more than 30 days
from invoice date may result in cessation of services until payment is received.
Article III
SCHEDULE: The proposed services shall begin within 30 working days of authorization to proceed. See
Attachment 'B' for project schedule outline.
Article IV
CONTRACT PROVISIONS: Contract provisions are attached hereto and made a part hereof.
Please execute and return a signed copy for our files. Receipt of an executed copy of this contract will serve
as notice to proceed. No work shall commence on the project until CONSULTANT receives an executed copy
of this contract. By signing below, the signer warrants that he or she is authorized to execute binding contracts
for the CLIENT.
Approved by CLIENT: Accepted by CONSULTANT:
City of Coppell Teague Nall and Perkins, Inc.
By: By:
Title: Title:
Date: Date:
Page 3
PROVISIONS
1. AUTHORIZATION TO PROCEED
Signing this agreement shall be construed as authorization by
CLIENT for TNP, Inc. to proceed with the work, unless otherwise
provided for in this agreement.
2. LABOR COSTS
TNP, Inc.'s Labor Costs shall be the amount of salaries paid TNP,
Inc.'s employees for work performed on CLIENTS Project plus a
stipulated percentage of such salaries to cover all payroll-related
taxes, payments, premiums, and benefits.
3. DIRECT EXPENSES
TNP, Inc.'s Direct Expenses shall be those costs incurred on or
directly for the Client’s Project, including but not limited to necessary
transportation costs including mileage at TNP, Inc.'s current rate
when its, or its employee’s, automobiles are used, meals and
lodging, laboratory tests and analyses, computer services, word
processing services, telephone, printing and binding charges.
Reimbursement for these expenses shall be on the basis of actual
charges when furnished by commercial sources and on the basis of
usual commercial charges when furnished by TNP, Inc.
4. OUTSIDE SERVICES
When technical or professional services are furnished by an outside
source, when approved by CLIENT, an additional amount shall be
added to the cost of these services for TNP, Inc.'s administrative
costs, as provided herein.
5. OPINION OF PROBABLE COST
In providing opinions of probable cost, the CLIENT understands that
TNP, Inc. has no control over costs or the price of labor, equipment,
or materials, or over the Contractor’s method of pricing, and that the
opinions of probable cost provided to CLIENT are to be made on the
basis of the design professional’s qualifications and experience.
TNP, Inc. makes no warranty, expressed or implied, as to the
accuracy of such opinions as compared to bid or actual costs.
6. PROFESSIONAL STANDARDS
TNP, Inc. shall be responsible, to the level of competency presently
maintained by other practicing professional Consultants in the same
type of work in the State of Texas, for the professional and technical
soundness, accuracy, and adequacy of all design, drawings,
specifications, and other work and materials furnished under this
Authorization. TNP, Inc. makes no other warranty, expressed or
implied.
7. TERMINATION
Either CLIENT or TNP, Inc. may terminate this authorization by
giving 10 days written notice to the other party. In such event
CLIENT shall forthwith pay TNP, Inc. in full for all work previously
authorized and performed prior to effective date of termination. If no
notice of termination is given, relationships and obligations created
by this Authorization shall be terminated upon completion of all
applicable requirements of this Authorization.
8. MEDIATION
In an effort to resolve any conflicts that arise during the design or
construction of the project or following the completion of the project,
the CLIENT and the CONSULTANT agree that all disputes between
them arising out of or relating to this Agreement shall be submitted
to nonbonding mediation unless the parties mutually agree
otherwise.
The CLIENT and the CONSULTANT further agree to include a
similar mediation provision in all agreements with independent
contractors and consultants retained for the project and to require all
independent contractors and consultants retained also to include a
similar mediation provision in all agreements with subcontractors,
subconsultants, suppliers or fabricators so retained, thereby
providing for mediation as the primary method for dispute resolution
between the parties to those agreements.
9. LEGAL EXPENSES
In the event legal action is brought by CLIENT or TNP, Inc. against
the other to enforce any of the obligations hereunder or arising out
of any dispute concerning the terms and conditions hereby created,
the losing party shall pay the prevailing party such reasonable
amounts for fees, costs and expenses as may be set by the court.
10. PAYMENT TO TNP, INC.
Monthly invoices will be issued by TNP, Inc. for all work performed
under the terms of this agreement. Invoices are due and payable on
receipt. If payment is not received within 30 days of invoice date, all
work on Client’s project shall cease and all work products and
documents shall be withheld until payment is received by TNP.
Time shall be added to the project schedule for any work stoppages
resulting from Client’s failure to render payment within 30 days of
invoice date. Interest at the rate of 1½% per month will be charged
on all past-due amounts, unless not permitted by law, in which case,
interest will be charged at the highest amount permitted by law.
11. LIMITATION OF LIABILITY
TNP, Inc.'s liability to the CLIENT for any cause or combination of
causes is in the aggregate, limited to an amount no greater than the
fee earned under this agreement.
12. ADDITIONAL SERVICES
Services not specified as Basic Services in Scope and Attachment
‘A’ will be provided by TNP, Inc. as Additional Services when
required. The CLIENT agrees upon execution of this contract that
no additional authorization is required. Additional services will be
paid for by CLIENT as indicated in Article II, Compensation.
13. SALES TAX
In accordance with the State Sales Tax Codes, certain surveying
services are taxable. Applicable sales tax is not included in the fee
set forth and will be added on and collected when required by state
law. Sales tax at the applicable rate will be indicated on invoice
statements.
14. SURVEYING SERVICES
In accordance with the Professional Land Surveying Practices Act of
1989, the CLIENT is informed that any complaints about surveying
services may be forwarded to the Texas Board of Professional Land
Surveying, 7701 N. Lamar, Suite 400, Austin, Texas 78752, (512)
452-9427.
15. INVALIDITY CLAUSE
In case any one or more of the provisions contained in this
Agreement shall be held illegal, the enforceability of the remaining
provisions contained herein shall not be impaired thereby.
16. PROJECT SITE SAFETY
TNP, Inc. has no duty or responsibility for project site safety.
17. DRAINAGE CLAUSE
The parties to this Agreement recognize that the development of
real property has the potential to increase water runoff on
downstream properties, and that such increase in runoff increases
the possibility of water damage to downstream properties. The
CLIENT agrees to indemnify and hold the CONSULTANT harmless
from any and all claims and damages arising, directly or indirectly,
from water or drainage damage to downstream properties resulting
from the development and construction of the Project. CLIENT shall
not be required to reimburse CONSULTANT for any claims or
expenses arising out of the Project if it is determined by a court of
competent jurisdiction that CONSULTANT was negligent in the
performance of its duties and obligations, and that Consultant’s
negligence was the direct cause of damage to a property
downstream of the Project.
18. CONSTRUCTION MEANS AND METHODS
Means and methods of construction are the sole responsibility of the
contractor.
Page 4
ATTACHMENT 'A'
ITEMIZED SCOPE OF SERVICES
Teague Nall and Perkins, Inc., (the Consultant) shall render the following professional services (BASIC SERVICES) necessary for the development of the project.
Consultant’s Landscape Architecture Services
1. The Scope of services will include the development and preparation of construction documents,
Plans, Specifications and Estimates (PS&E) for East Sandy Lake road.
a. Coordinate with the Client and its’ representatives to assemble the most accurate information.
b. Client to provide all existing CAD data with supporting as built and/or hard copy information for
the area. The base will be consistent with existing coordinate system.
c. The Owner will pay any filing fees, if applicable.
d. Owner will provide or make available all record drawings of existing facilities and utilities.
e. Using data collected the Consultant will field-verify existing conditions and study site for
proposed landscape conditions, for example: sight lines, visibility triangles, etc... A team of two
people will conduct one (1) Field visit.
f. One (1) landscape design concept will be prepared in sketch form that conveys the overall
design idea that is based on established landscape requirements set for by the City and being
implemented on West Sandy Lake road project. The design concept is part of the schematic
design phase to present to the owner for input and consensus before proceeding to design
development phase. A preliminary opinion of probable construction cost will be developed at
the schematic design phase.
g. Three (3) review meetings with the Client to review plans are planned for at the schematic
design phase, 60% design development and 90% final plan review.
h. An Irrigation design schematic to be incorporated will be presented at 60% review with final
solution developed for 90% review.
2. The following services will be provided utilizing an approved digital base plan. This plan shall
include the existing and proposed improvements and clearly define the limits of work:
a. With the landscape design concept approved at schematic review meeting the Consultant will
prepare construction documents at 60% completion level for the project area.
b. Prepare draft specifications and preliminary opinion of probable construction cost at 60%
construction document phase.
c. Attend one (1) 60% plan review meeting (as noted in item 1.g.).
d. The following lists the drawings to be completed at 60% construction document stage.
1. Cover Sheet
2. Overall Project Layout
3. General Notes Sheet
4. Landscape Planting Plans and Details
5. Hardscape Plan and Details
6. Layout Plan and Details
7. Irrigation Schematic
8. Estimate and Quantity Sheet
e. The Client is to submit written comments as per the 60% design review meetings and prior to
the Consultant proceeding to 90% plans.
f. Upon approval of the construction documents 60%, and response comments addressed, the
Page 5
Consultant will proceed to complete 90% PS&E that include the following:
1. Cover Sheet
2. Overall Project Layout
3. General Notes Sheet
4. Landscape Planting Plans and Details
5. Hardscape Plan and Details
6. Layout Plan and Details
7. Irrigation Plan and Details
8. Estimate and Quantity Sheet
9. Specifications
g. Attend one (1) 90% plan review meeting (as noted in item 1.g.).
h. The Client is to submit written comments as per the 90% design review meetings and prior to
the Consultant proceeding to 90% plans.
i. Upon approval of the construction documents 90%, and response comments addressed, the
Consultant will proceed to complete 100% final PS&E.
j. The Consultant will develop and prepare and submit to client 100% Construction Documents
(Plans, Specifications, and Estimate) sufficient for permitting, bidding and construction.
3. Construction Administration Services
a. The Consultant will assist in the bidding process and selection of contractor.
1. Attend one Pre-Bid conference
2. Provide one bid tab summary
3. Attend one Bid Opening meeting
4. Attend one Pre-Construction meeting
b. The Consultant will review the construction process to review and approve based upon the
following:
1. Site visits (one per month for six month period)
c. To perform one final walkthrough and acceptance of project with contractor and client.
4. Client’s Responsibilities:
The Client shall perform and/or provide the following in a timely manner so as not to delay the
Services of the Consultant. Unless otherwise provide in this Scope of Services, the Client shall bear
all costs incident to compliance with the following:
a. Furnish all survey information including all topographic features within the project limits or
project site boundaries.
b. Furnish hard copy construction plans and documents for all existing and proposed facilities
within the project limits.
c. This scope of services anticipates that the Client or its representatives will provide all the
necessary base information for the project to the Consultant in a timely manner. At a minimum,
this information shall be in electronic format that include the proposed additions and adjacent
roadway paving data showing curbs, existing and proposed utilities, light poles, drainage
structures and any other pertinent data.
Page 6
ATTACHMENT 'B'
PROJECT SCHEDULE
The Consultant shall endeavor to accomplish the work in accordance with the schedule requested by the
Client. However, prior to beginning work on this assignment, the Consultant shall be advised of the anticipated
schedule for the project, including specific dates for various submittals and reviews by the Client and/or others.
Consultant shall inform Client of any conflicts with the proposed schedule within five (5) days of receipt of this
information.
It is our intent to complete the project in the following stages of work:
1.) Project Kick-off
2.) Schematic Design
3.) Client / City Review
4.) 60% Construction Documents
5.) Client / City Review
6.) 90% Construction Documents
7.) Client / City Review
8.) 100% Construction Documents
9.) Bidding
10.) Construction Administration
11.) 30-day Post Construction Review
A defined timeline to accomplish these phases of work will be determined during the review of this
scope of services and prior to final approval.
It is understood and agreed that the objective of all involved in this project is to produce and provide quality
and complete information. The deliverables requires coordination and cooperation. It is also understood that
Consultant’s ability to perform our scope of services, in part, is dependent upon information being provided and
reviewed by others in a timely manner, and that adjustments in schedule may be required should additional
information be developed or project reviews become delayed by unforeseen conditions.
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
Library
October 10, 2006
9/F
✔
CONTRACT/BID or PROPOSAL
Consider approval of an Interlocal Cooperation Agreement with Denton County to receive compensation in the
amount of $5,734 for library services for fiscal year 06/07; and authorizing the Mayor to sign.
See attached Staff memo.
Staff recommends approval.
+Interlocal-1AR
Memorandum
To: Mayor and City Council
From: Kathleen P. Metz Edwards, Library Director
Date: October 10, 2006
Subject: Denton County Library Advisory Board Interlocal Agreement
The is the fifth year the City of Coppell was invited to join the fifteen other Denton
County Libraries in the Denton County Library Advisory Board. The City
accepted and completed the "Minimum Criteria and Request for Funding"
application. Applications were sent to the Denton County Commissioners Court
for review. The Court approved a base grant of $5,000 plus $.769 per Denton
County capita. The Court used the Council of Government figures plus a division
of population not served by a library to determine the per capita amount. The
Library will receive a total of $5,734. The Court requires the City to sign the
attached Interlocal Cooperation Agreement For Library Services. After receiving
the signed agreement, it will be returned to the Commissioners Court for action.
The Court requires a copy of the library's Texas State Library and Archives
Commission's Annual report, which is submitted to the State each year in support
of the Texas Library Systems Act, which governs the library's Northeast Texas
Library System membership. The City's maintenance of effort contribution to the
library is its approved FY 06/07 budget. No additional funding is required.
As a condition of accepting the funding, the City agrees to provide library service
to any resident of Denton County. The City currently provides service to any
resident of Texas as a condition for receiving the maximum funding under the
State's Loan Star Libraries Grant. Coppell citizens gain reciprocal access to
participating Denton County libraries.
By accepting the funding, the library commits to attend 10 meeting per year and to
complete the annual application. For this we will receive $5,734 to be used at the
discretion of the library.
2006-2007 ICA - LIBRARY AGREEMENT Page 1 of 6
STATE OF TEXAS, §
§
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT
FOR LIBRARY SERVICES
THIS AGREEMENT is made and entered into by and between Denton County, a
political subdivision of Texas, hereinafter referred to as "COUNTY," and the City of Coppell, a
Municipality of Denton County, Texas, hereinafter referred to as "MUNICIPALITY."
WHEREAS, COUNTY is a duly organized political subdivision of the State of Texas
engaged in the administration of county government and related services for the benefit of the
citizens of Denton County; and
WHEREAS, the City of Coppell is a duly organized MUNICIPALITY of Denton
County, Texas engaged in the provision of library service and related services for the benefit of
the citizens of MUNICIPALITY; and
WHEREAS, COUNTY has requested and MUNICIPALITY has agreed to provide
library services for all residents of COUNTY; and
WHEREAS, COUNTY and MUNICIPALITY mutually desire to be subject to the
provisions of V.T.C.A., Government Code Chapter 791, the Interlocal Cooperation Act; and
V.T.C.A., Local Government Code Chapter 323, County Libraries.
NOW, THEREFORE, COUNTY and MUNICIPALITY, for the mutual consideration
hereinafter stated, agree and understand as follows:
I.
The term of this Agreement shall be for the period from October 1, 2006, through
September 30, 2007.
II.
For the purposes and consideration herein stated and contemplated, MUNICIPALITY
shall provide library services for the residents of COUNTY without regard to race, religion,
color, age, disability and/or national origin. Upon proper proof by individual(s) of residence in
COUNTY, Texas, such individual(s) shall be entitled to be issued, at no cost, a library card to be
used in connection with said library services.
MUNICIPALITY shall develop and maintain through the Library one or more of the
following programs of service:
Educational and reading incentive programs and materials for youth.
2006-2007 ICA - LIBRARY AGREEMENT Page 2 of 6
Functional literacy materials and/or tutoring programs for adults.
Job training/career development programs and/or materials for all ages.
Outreach services to eliminate barriers to library services.
Educational programs designed to enhance quality of life for adults.
III.
COUNTY designates the County Judge to act on behalf of COUNTY and serve as
liaison officer for COUNTY with and between COUNTY and MUNICIPALITY. The County
Judge or his designated substitute shall insure the performance of all duties and obligations of
COUNTY herein stated and shall devote sufficient time and attention to the execution of said
duties on behalf of COUNTY in full compliance with the terms and conditions of this
agreement. The County Judge shall provide immediate and direct supervision of COUNTY's
employees, agents, contractors, sub-contractors, and/or laborers, if any, in the furtherance of the
purposes, terms and conditions of this Agreement for the mutual benefit of COUNTY and
MUNICIPALITY.
IV.
MUNICIPALITY shall designate Kathleen P. Metz Edwards to act on behalf of
MUNICIPALITY and to serve as liaison officer of MUNICIPALITY with and between
MUNICIPALITY and COUNTY to insure the performance of all duties and obligations of
MUNICIPALITY as herein stated and shall devote sufficient time and attention to the execution
of said duties on behalf of MUNICIPALITY in full compliance with the terms and conditions
of this Agreement. Ms. Edwards shall provide management of MUNICIPALITY's employees,
agents, contractors, sub-contractors, and/or laborers, if any, in the furtherance of the purposes,
terms and conditions of this Agreement for the mutual benefit of MUNICIPALITY and
COUNTY.
MUNICIPALITY shall provide to COUNTY a copy of the annual report submitted to
the Texas State Library and shall respond to COUNTY's annual questionnaire as documentation
of MUNICIPALITY’s expenditures and provision of service.
V.
The MUNICIPALITY shall be solely responsible for all techniques, sequences,
procedures, and for the coordination of all work performed under the terms and conditions of this
agreement; shall insure, dedicate and devote the full time and attention of those employees
necessary for the proper execution and completion of the duties and obligations of the
2006-2007 ICA - LIBRARY AGREEMENT Page 3 of 6
MUNICIPALITY stated in this Agreement; and shall give all attention necessary for such
proper supervision and direction.
VI.
The MUNICIPALITY agrees that its library department shall assume the functions of a
COUNTY library and agrees to provide a librarian who holds or secures a County Librarian's
certificate from the Texas State Library and Archives Commission pursuant to Local
Government Code, Section 323.011(b).
VII.
COUNTY shall have full responsibility for the acts, and negligence of all COUNTY's
employees, agents, sub-contractors, and/or contract laborers, performing work under this
Agreement.
VIII.
MUNICIPALITY shall have responsibility for the acts and, negligence, of all the
MUNICIPALITY's employees, agents, sub-contracts, and/or contract laborers performing work
under this Agreement.
IX.
This Agreement is not intended to extend the liability of the parties beyond that provided
by law. Neither MUNICIPALITY nor COUNTY waives any immunity or defense that would
otherwise be available to it against claims by third parties.
X.
MUNICIPALITY understands and agrees that the MUNICIPALITY, its employees,
servants, agents and representatives shall at no time represent themselves to be employees,
servants, agents and/or representatives of COUNTY.
XI.
COUNTY understands and agrees that COUNTY, its employees, servants, agents and
representatives shall at no time represent themselves to be employees, servants, agents, and/or
representatives of MUNICIPALITY.
XII.
Any notice required by this Agreement shall be delivered in writing by either COUNTY
or MUNICIPALITY to the following addresses.
2006-2007 ICA - LIBRARY AGREEMENT Page 4 of 6
The address of County is:
County Judge, Denton County
110 West Hickory
Denton, Texas 76201
Telephone: 940-349-2820
The address of the Municipality is:
William T. Cozby Public Library
177 N. Heartz
Coppell, Texas 75019
Attention: Kathleen P. Metz Edwards
Telephone: 972-304-3655
XIII.
For the full performance of the services above stated, COUNTY agrees to pay
MUNICIPALITY fees as described herein. COUNTY shall pay MUNICIPALITY fees in the
amount of $.769 per capita, for a total of $ 734.00, based upon North Central Texas Council of
Governments population figures provided to COUNTY by the Library Advisory Board, payable
in equal quarterly installments to MUNICIPALITY commencing October 1, 2006. In addition,
COUNTY agrees to pay MUNICIPALITY an amount not to exceed $5,000 in matching funds
upon the following conditions:
1)MUNICIPALITY shall attempt to secure funding from sources other than
COUNTY.
2) Upon receipt of additional funding, MUNICIPALITY shall provide proof of the
receipt of such funds to the Denton County Auditor on a quarterly basis.
3)COUNTY shall match MUNICIPALITY's additional funding in an amount not
to exceed $5,000.
4) Payment by COUNTY to MUNICIPALITY shall be made in accordance with
the normal and customary processes and business procedures of COUNTY, and
payment shall be satisfied from current revenues of the COUNTY.
All funding by COUNTY to MUNICIPALITY is subject to the condition that
MUNICIPALITY will have in place technology protection measures (commonly referred to as
“filters”) with respect to any computers used by the public that have Internet access which are
designed to block access through such computers to visual depictions that are (1) obscene, as
defined by Section 43.21 of the Texas Penal Code, or (2) contain pornography. The
2006-2007 ICA - LIBRARY AGREEMENT Page 5 of 6
technology protection measures shall be in compliance with the Children’s Internet Protection
Act.
MUNICIPALITY hereby certifies that its libraries have either installed and are using
the required technology protection measures during use of its computers that have Internet
access by the public at the present time or will have such protection measures in place and
operational by October 1, 2006.
XIV.
This agreement may be terminated at any time, by either party giving sixty (60) days
advance written notice to the other party. In the event of such termination by either party,
MUNICIPALITY shall be compensated pro rata for all services performed to termination date,
together with reimbursable expenses then due and as authorized by this agreement. In the event
of such termination, should MUNICIPALITY be overcompensated on a pro rata basis for all
services performed to termination date or be overcompensated for reimbursable expenses as
authorized by this agreement, COUNTY shall be reimbursed pro rata for all such
overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim
that may otherwise arise out of this Agreement.
XV.
This Agreement represents the entire and integrated agreement between
MUNICIPALITY and COUNTY and supersedes all prior negotiations, representations and/or
agreements, either written or oral. This Agreement may be amended only by written instrument
signed by both MUNICIPALITY and COUNTY.
XVI.
The validity of this Agreement and any of its terms or provisions, as well as the rights
and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further,
this Agreement shall be performable and all compensation payable in Denton County, Texas.
XVII.
In the event that any portion of this Agreement shall be found to be contrary to law, it is
the intent of the parties hereto that the remaining portions shall remain valid and in full force and
effect to the extent possible.
XVIII.
The undersigned officers and/or agents of the parties hereto are the properly authorized
officials and have the necessary authority to execute this Agreement on behalf of the parties
2006-2007 ICA - LIBRARY AGREEMENT Page 6 of 6
hereto and each party hereby certifies to the other that any necessary orders or resolutions
extending said authority have been duly passed and are now in full force and effect.
Executed in duplicate originals in Denton County, Texas, by the authorized
representatives.
COUNTY MUNICIPALITY
By ____________________________ By
Mary Horn, County Judge Name: Doug Stover
Denton County, Texas Title: Mayor
Acting on behalf of and by the
authority of the Commissioners City Council Meeting
Court of Denton County, Texas Dated
ATTEST: ATTEST:
By By
Denton County Clerk City Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
Assistant District Attorney City Attorney
APPROVED AS TO CONTENT:
Director, Library Services
AUDITOR’S CERTIFICATE
I hereby certify that funds are available in the amount of $ to
accomplish and pay the obligation of Denton County under this contract.
James Wells, Denton County Auditor
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
Planning
October 10, 2006
9/G
✔
ORDINANCE
Consider approval of an Ordinance for Case No. S-1235-TC, Healthy Me Marketplace, zoning change request from TC
(Town Center) to S-1235-TC (Special Use Permit-1235-Town Center), to allow the operation of a 2,995-square-foot
grocery and restaurant, which will include interactive food preparation or cooking school, to be located in the Town
Center Addition, Lot 2, Block 3, along the east side of Denton Tap Road; north of Town Center Boulevard, and
authorizing the Mayor to sign.
On August 17, 2006, the Planning Commission recommended
approval of this zoning request.
On September 12, 2006, Council unanimously approved this zoning
change (7-0).
Staff recommends approval.
@1S-1235-TC, HMM, (ORD) 1-AR (con)
1 70290
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY
OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A
CHANGE IN ZONING FROM TC (TOWN CENTER) TO S-1235-TC
(SPECIAL USE PERMIT-1235-TOWN CENTER), TO ALLOW THE
OPERATION OF A 2,995-SQUARE-FOOT GROCERY AND RESTAURANT,
WHICH WILL INCLUDE INTERACTIVE FOOD PREPARATION OR
COOKING SCHOOL, TO BE LOCATED IN THE TOWN CENTER
ADDITION, LOT 2, BLOCK 3, ALONG THE EAST SIDE OF DENTON TAP
ROAD; NORTH OF TOWN CENTER BLVD, AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND
INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE,
SITE PLAN, FLOOR PLAN, SIGN PLAN, ATTACHED HERETO AS
EXHIBITS “B”, “C”, AND “D”; PROVIDING FOR SPECIAL CONDITIONS;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City of
Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive
Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise,
and after holding due hearings and affording a full and fair hearing to all property owners generally,
and to all persons interested and situated in the affected area and in the vicinity thereof, the said
governing body is of the opinion that Zoning Application No. S-1235-TC should be approved, and in
the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and
Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1.That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and
the same is hereby amended by granting a change in zoning from TC (Town Center) to S-1235-TC
(Special Use Permit-1235-Town Center), to allow the operation of a 2,995-square-foot grocery,
restaurant and interactive food preparation or cooking school, to be located in the Town Center
2 70290
Addition, Lot 2, Block 3, along the east side of Denton Tap Road; north of Town Center Blvd, for
the property described in Exhibit “A” attached hereto and made a part hereof for all purposes.
SECTION 2.That the Special Use Permit to allow the operation of a 2,995-square-foot
grocery and restaurant, which will include interactive food preparation or cooking school, is hereby
approved subject to the following special conditions:
(A) The development shall be in accordance with the site plan, floor plan and sign plan.
(B) The hours of operation shall not exceed 7:00 a.m. to 11:00 p.m., seven days a week.
.SECTION 3.That the site plan, floor plan and sign plan shall be attached hereto as Exhibits
“B”, “C”, and “D”; and made a part hereof for all purposes, are hereby approved.
SECTION 4.That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended,
and as amended herein.
SECTION 5.That the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances except as may be specifically
altered or amended herein.
SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not
in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the
validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to
be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
3 70290
SECTION 8. An offense committed before the effective date of this ordinance is governed by
prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
SECTION 9.That any person, firm or corporation violating any of the provisions or terms of
this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a
fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every
day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 10.That this ordinance shall take effect immediately from and after its passage and
the publication of its caption, 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:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb) [JDD reviewed only 03/21/06]
EXHIBIT ‘A’
LEGAL DESCRIPTION
Being an approximate 2,995 square foot lease space, located as indicated
on Exhibit “B”, on property being more particularly described as Lot 2,
Block 3 of the Town Center Addition, being an Addition to the City of
Coppell, Dallas County, Texas and known as 240 North Denton Tap
Road, Coppell, Texas.
(1) 20amp 120v circuit required per sign
Construct & Install Using Only U.L. Listed Components
& In Accordance w/ National Electrical Sign Code
FRONT (WEST) ELEVATION
N.T.S.
0607-059r1p1
N.T.S.
Healthy Me Marketplace
240 N. Denton Tap Ste. 440
Coppell, TX
G. Owens
17591
Rick Sutton
N/A
40’-0” STOREFRONT
7’-0”EAST REAR ELEVATION
N.T.S.
40’-0” STOREFRONT
7’-0”8-7-06
2’-9 ¾” x 14’-3 = 40
5” .040 ALUM. RETURN PREFINISHED BLACK
1” BLACK JEWELITE TRIM
NON-CORROSIVE MOUNTING SCREW IN ANCHOR
30MA TRANSFORMER
FLEXIBLE CONDUIT
WESTRIM INSULATING END CAP/BOOT
VINYL GRAPHICS APPLIED 1st SURFACE ON LOGO (SEE LIST FOR COLORS)
STD. GLASS TUBE SUPPORT
FLEXIBLE CONDUIT CONNECTOR
3” x 10” ALUM. WIREWAY PTD. SPRAYLAT IND. #440 BRICK RED
METAL TRANSFORMER CONTAINMENT BOX LOCATED BEHIND WALL
15MM 6500 WHITE NEON
1/8” #7328 WHITE ACRYLIC FACE
.063 ALUM. BACK- INTERIOR PTD. REFLECTIVE WHITE
LETTERLOK CHANNEL LETTERS WITH REMOTE TRANSFORMERS
HI-FLEX MAX GTO-15 WIRE
A
C
E
G
K
M
O
P
L
J
H
F
D
B
I
WEEP HOLES FOR DRAINAGEQ
WALL
A
C
D
E
F
G
H
J
K
L
M
P
Q
B
O
I
SECTION
N.T.S.LETTERLOK CHANNEL LETTERS
SCALE: 3/8”= 1'-0"
PLUM
GREEN
RED
VINYL GRAPHICS COLORS
128
26
33
INNER FIELD
LEAVES & BORDER
APPLE
(As Shown)
2’-9 ¾” x 14’-3 = 4012”14’-3”
(1) 20amp 120v circuit required
Construct & Install Using Only U.L. Listed Components
& In Accordance w/ National Electrical Sign Code0607-059r1p2
8-7-06
Healthy Me Marketplace
240 N. Denton Tap Ste. 440
Coppell, TX
G. Owens
17591
Rick Sutton
N/A
ZapfHumnst Ult BT16”33 ¾”33 ¾”11’-1”
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
Planning
October 10, 2006
10
✔
PUBLIC HEARING
Consider approval of Case No. PD-195R-O, Callahan Medical/Office Addition, zoning change request from PD-195-O
(Planned Development-195-Office) to PD-195R-O (Planned Development–195 Revised-Office) to allow additional
attached signage and a revision to the monument sign to allow for a multi-tenant sign on 1.95 acres of property
located at 848 S. Denton Tap Road, north of Belt Line Road.
The following P&Z conditions remain outstanding:
1. Additional attached signs shall be in accordance with the following regulations:
• Maximum total square footage of attached Zoning Ordinance signage shall be 100 square feet;
• All signs shall be similar fonts;
• All letters shall be individually-mounted, channel letters;
• Black letters on the cast stone portions of the façade and white letters on the brick portion of the building are
allowed.
• Once all signs are installed there will be a balanced appearance.
2. The multi-tenant monument sign shall adhere to all provisions of Section 12-29-4.2(A). iii of the Zoning Ordinance.
Decision of the P&Z Commission at the September 21st meeting:
APPROVAL with Commissioners Borchgardt, Hall, McCaffrey, Foreman,
Haas, Kittrell, and Reese voting in favor.
Staff recommends approval, subject to the conditions listed above.
@1PD-195R-O, Callahan M/O, 1-AR
ITEM # 4 Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case: PD-195R-O, Callahan Medical/Office Addition
P&Z HEARING DATE: September 21, 2006
C.C. HEARING DATE: October 10, 2006
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: 884 S. Denton Tap Road, north of Belt Line Road
SIZE OF AREA: 1.95 acres
CURRENT ZONING: PD-195-O
REQUEST: To allow additional attached signage and a revision to the
monument sign to a multi-tenant sign.
APPLICANT: SRFNPMCE, L.P.
Nina Cahan, M.D.
848 South Denton Tap Road, Suite 100
Coppell, Texas 75019
972-393-5559
FAX: 972-471-1646
HISTORY: In August 1998, City Council approved a site plan to allow the
development of three retail/office buildings with limited
warehousing on 4.6 acres of property. In August 2000, this site
plan expired. In April 2000, City Council approved a minor plat
for this property, which was never filed with the county and
expired in October 2000. The subject property contains
approximately 2 acres of this 4.6-acre tract; the remaining acreage
was developed for two office buildings, known as the Mercantile
Addition in 2005.
ITEM # 4 Page 2 of 3
The PD for the subject property was established in 2002 to allow
for the development of the existing two-story, 19,400-square-foot
office building.
TRANSPORTATION: Denton Tap Road is a P6D, six-lane, divided thoroughfare within a
110-foot right-of-way.
SURROUNDING LAND USE & ZONING:
North – Colonial Storage; C (Commercial)
South – Mercantile Office Complex; C (Commercial)
East – Riverside Church of Christ; LI (Light Industrial)
West – Retail and vacant; C (Commercial)
COMPREHENSIVE PLAN: The Coppell Comprehensive Plan shows the property as suitable
for mixed uses.
DISCUSSION: When the zoning on this property was established in 2002, the
owner/applicant included in the elevations, as a PD condition, that there
would be a maximum of 50 square feet of attached signage on this
building, indicating the name of the major occupant of the building,
Coppell Associates in Family Medicine, P.A. This sign measures 33.75
square feet. Since that time, a Yoga studio relocated from Georgetown
Shopping Center, and brought their existing 14.5-square-foot sign with
them for a total of 48.25 square footage of existing attached signage.
The owner desires to increase the allowable attached signage from 50
square feet to 100 square feet to be more in line with the amount of
signage that would typically be allowed on a office building with 100 feet
of building width on street frontage. The owner would like to retain the
flexibility as to placement and number of signs until all the tenants are
known. She has offered to:
• Cap the maximum total square footage of attached signage to 100
square feet;
• Require that all signs shall be similar fonts;
• Limit the signs on the cast stone portions of the building to be
individually-mounted black letters, and signs on the red brick portion
of the building to individually mounted white letters to match the
existing Yoga sign on the second floor; and
• Present a balanced appearance to the building with all additional
signage.
Included in the original site plan was a 40-square-foot monument sign,
indicating the name of the building and the address. However, since that
ITEM # 4 Page 3 of 3
time, the city-wide sign ordinances have changed to specifically allow for
multi-tenant monument signs in accordance with the following provisions:
“In the case of multi-tenant office and/or retail buildings, the individual
tenant names may be listed subject to:
(a) All individual tenant nameplates must be of uniform size, color
and font, in accordance with this ordinance.
(b) Minimum letter size shall be six inches.
(c) If a tenant vacates the lease space, the name plate must be removed
within 30 days of such vacancy by the monument sign owner,
owner of the property where the sign is located, or other party
having control over such sign.
No other advertising or promotional information is permitted thereon.
Such sign may be single or double-faced. Can signs made of plastic or
similar materials are not permitted as detached (monument) signs. Backlit
plastic is not permitted within detached (monument) signs.”
The applicant, again, would like to retain flexibility in the final design of
this multi-tenant monument sign, until such time that all the tenants are
known. However, compliance with the provisions of the sign ordinance is
assured.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of this request, subject to the following conditions:
1. Additional attached signs shall be in accordance with the following
regulations:
• Maximum total square footage of attached signage shall be 100 square
feet;
• All signs shall be similar fonts;
• All letters shall be individually-mounted, channel letters;
• Black letters on the cast stone portions of the façade and white letters
on the brick portion of the building are allowed.
• Once all signs are installed there will be a balanced appearance.
2. The multi-tenant monument sign shall adhere to all provisions of Section 12-
29-4.2(A). iii of the Zoning Ordinance.
ALTERNATIVES:
1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1) Correspondence from the applicant/owner dated August 8, 2006, with
attachments.
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
Planning
October 10, 2006
11
✔
PUBLIC HEARING
Consider approval of Case No. PD-199R4-HC-S-1211R2 Service Star, zoning change request from PD-199-HC-S-1211R
(Planned Development-199-Highway Commercial-Special Use Permit-1211 Revised) to PD-199R4-HC-S-1211R2
(Planned Development 199-Highway Commercial-Special Use Permit-1211 Revision 2), to revise the detail site plan for
Tract 4 to allow the development of 9,310-square-foot retail building and to allow revised signage for the previously
approved auto repair garage on 2.24 acres of property located at the southwest corner of S.H. 121 and MacArthur
Blvd.
The following P&Z conditions remain outstanding:
1) Submission of corrected sign exhibits for Firestone indicating individually-mounted, black channel letters with logos
not exceeding 20% of the area of the sign. Total signage for this building shall not exceed the total square footage of
the previously approved Great American. (Condition partially met - size of sign is compliant, but the applicant is
requesting white channel letters on one sign. Also, the resubmitted monument sign includes red letters. Staff is
recommending black letters to be consistent with all the signs in Vista Point II).
2) Contact Larry Redick at 972.323.8917 to discuss electric service requirements.
Decision of the P&Z Commission at the September 21st meeting:
APPROVAL with Commissioners Borchgardt, Hall, McCaffrey, Foreman,
Haas, Kittrell and Reese voting in favor.
Staff recommends approval, subject to the conditions listed above.
@2PD-199R4-HC-S-1211R2, SS, 1-AR
ITEM # 5 Page 1 of 5
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case No.: PD-199R4-HC-S-1211R2, Service Star
P&Z HEARING DATE: September 21, 2006
C.C. HEARING DATE: October 10, 2006
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: Southwest corner of S.H. 121 and MacArthur Blvd.
SIZE OF AREA: 2.24 acres
CURRENT ZONING: PD-199-HC-S-1211R (Planned Development-199-Highway
Commercial-Special Use Permit-1211 Revised)
REQUEST: PD-199-HC-S-1211R2 (Planned Development-199-Highway
Commercial, Special Use Permit-1211 Revision 2), to revise the
detail site plan for Tract 4 to allow the development of a 9,310-
square-foot retail building and to allow revised signage for the
previously approved auto repair garage.
APPLICANT: Representative: Applicant:
Bennett Ratliff Service Star Development Company
PO Box 949 5670 Greenwood Plaza Blvd.
Coppell, Texas 75019 Greenwood Village, Co 80111
(214) 707-2924 (303) 529-2800
FAX: (972) 462-0020 FAX: (303) 529-2841
HISTORY: The subject property is part of Lot 3, Block G, a 49.20-acre tract
within the Vista Ridge Addition. The property lies within Denton
County and was originally part of the city of Lewisville when
ITEM # 5 Page 2 of 5
recorded in September of 1986. Since that time, the city of Coppell
has annexed this and other portions of the Vista Ridge Business Park.
On December 16, 1999, the Planning and Zoning Commission
recommended denial of a request for a PD for a gas station,
convenience store and car wash on 1.5 acres at this corner of S.H.
121 and MacArthur Boulevard. This recommendation was not
appealed to City Council.
In September 2001, Council approved a Site Plan and Replat to allow
for the construction of a one-story, 71,000-square-foot office
building on seven acres of this 26-acre parcel of land. The Site Plan
would have expired on September 11, 2003; however, on September
9, 2003, Council approved a six-month extension. This extension
expired in March 2004.
On April 13, 2004, City Council overruled staff’s and Planning and
Zoning Commission’s recommendation for denial and approved a
Concept Planned Development to allow the construction of 210,000-
square feet of office/warehouse/assembly buildings and five retail
pad sites. In August 2004, Council approved the Detail Plan for the
first phase of this development, consisting of three buildings,
totaling 93,550-square feet. This first phase of development has
been completed and the second phase is currently under
construction. Council also approved a Replat for the entire 25.81-
acre tract at the same Public Hearing.
Also approved in April was SUP-1211 for a gas station and car repair
on Lot 4 of this PD. Per Sec. 12-30-2.5 of the Zoning Ordinance, “A
building permit shall be applied for and secured within six months
from the time of granting the special use permit provided; however,
the city council may authorize an extension of this time upon
recommendation by the planning and zoning commission.” The
applicant did not seek an extension prior to the expiration of the
SUP. A slightly modified SUP for the same uses was again
approved in May 2005.
On April 12, 2005, Council approved a rezoning request to amend
PD-199-HC to allow for the development of the Bank of Texas on
Lot 5 of this subdivision.
TRANSPORTATION: S.H. 121 has recently been improved to a freeway (toll road) with
access roads, within 450 feet of right-of-way. MacArthur Boulevard,
abutting this site, is in the city of Lewisville and is built as a six-lane,
divided thoroughfare. The city of Lewisville has the approval
authority over driveway locations, deceleration lanes, median
openings, etc.
ITEM # 5 Page 3 of 5
SURROUNDING LAND USE & ZONING:
North - S.H. 121, city of Lewisville
South - Bank of Texas; PD-199-HC-R2 (Planned Development-
Highway Commercial-Revision 2)
East - office development, city of Lewisville
West - office/warehouse/assembly – phase 2 under construction;
PD-199R2-HC (Planned Development-199 Revised-
Highway Commercial)
COMPREHENSIVE PLAN: The Comprehensive Plan indicates this property suitable for mixed
uses.
DISCUSSION: As stated in the HISTORY section, this property was zoned to
allow a gas station, convenience store and car wash on this portion
of the lot and an auto repair facility on the remainder of the lot, as
part of an overall PD for mixed uses. The property owner now
desires to change the use on the corner from the gas station to an
in-line retail center and retain the auto-repair facility with a
different tenant. This change in land use is desirable at one of the
main gateways into the city.
Specifically, the revised site plan includes a 9,310-square-foot
retail building on the eastern portion of the lot and the 6,150-
square-foot auto repair facility on the western portion. There are
77 parking spaces to serve both uses, based on the retail ratio of
one space per 200 square feet of floor area. The redesigned site
does not include any revisions to the alignments of the fire lanes or
the driveways/access points, and therefore replatting is not
required.
Landscape Plan
The Landscape Plan meets, and actually exceeds several of the
requirements of the landscape ordinance. When the PD was
established there were a significant number of trees that needed to
be removed from this site. This Landscape Plan indicates the
preservation of 14 trees along SH 121 and MacArthur (over 185
caliper inches) most of which are Cedar Elms. To address the
mitigation issue, instead of providing the minimum of 27 three-
inch caliper trees, there will be 57 four-inch caliper trees and 48
ornamental trees. This increase in trees will significantly enhance
the appearance of this site. Finally, the PD did allow for a relief to
the 10-foot-wide perimeter landscape buffer requirement on
internal lot lines, however this deficit is more than off-set by the
increase in landscaped area, number and size of trees along the
street frontages. However, one over story tree is missing from the
ITEM # 5 Page 4 of 5
parking island at the northeast corner of the building. A tree may
be relocated from another area on this tract.
Elevations
As part of the PD that established all the original uses in this
development, conceptual elevations and materials were also
approved. The office/warehouse/assembly uses were built in
accordance with these elevations and materials. However, when
this PD was amended to attach a detail plan for the Bank of Texas,
staff was fully in support of the revised elevations and the
introduction of new materials more compatible with the typical
retail developments in Coppell. A mixture of stone and brick with
cast stone accents, clock tower, etc. provides an attractive
appearance. This applicant has agreed to blend the architectural
character and materials as was approved for the balance of this PD
with those established with the bank. The elevations as submitted,
do replicate several elements of the bank, the rooflines and
materials, the wood trellis and stone columns. However, until
materials/color board is submitted, it is difficult to ascertain the
compatibility of the materials and colors. This color board should
be available at the Planning and Zoning Commission meeting.
Signage
As noted above, the car repair facility will be built as shown on the
original SUP, including the site plan, elevations, materials, etc. The
only revision will be to the signage. Originally, when it was to be
a Great American fast lube, three “fast lube” signs with ga logo
and one Great American with the same logo, were approved for a
total of 65.8 square footage of total attached signage. Per the PD
conditions and reflective of the sign ordinance, all letters were to
be black, individually-mounted letters with a matte finish, and the
red ga logos were a maximum of 20% of the area of the signs.
This will now be a Firestone store. At the time of the preparation
of this report, staff received an e-mail from the applicant stating
that all the Firestone signage will be either black or white channel
letters, logos not to exceed 20% of the area of the sign, and the
signs will be no larger that those approved for the Great American.
The exhibits submitted do not reflect these conditions. Staff
recommends, to be consistent with the remainder of the signage
within this PD, all signs should be black letters with a matte finish.
Again, the corrected sign exhibits will be presented at the public
hearing.
Finally, the original PD allowed for two monument signs on this
one lot; one on MacArthur and one on SH 121 each advertising
both buildings. One-half of the sign will be for the Firestone store,
and the remaining half will be a multi-tenant sign, that appears to
ITEM # 5 Page 5 of 5
be in accordance with the provisions of the sign ordinance
permitting multi-tenant monument signs.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of this request, subject to the following conditions:
1) Submission of a color board.
2) Revision of the Landscape Plan to include an additional tree in the island at the
northeast corner of the building.
3) Submission of corrected sign exhibits for Firestone indicating individually
mounted, black channel letters with logos not exceeding 20% of the area of the
sign. Total signage for this building shall not exceed the total square footage of
the previously approved Great American signage.
4) Removal of sign note indicating location of existing temporary sign.
5) Contact Larry Redick at 972-323-8917 to discuss electric service requirements.
ALTERNATIVES:
1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1) Revised PD Regulations
2) Color Elevations
3) Firestone Sign Exhibits
4) Detail Site Plan
5) Landscape Plan
6) Existing Tree Plan
7) Monument Sign Exhibit
DRAFT COPY
With staff revisions
Vista Point II/MacArthur Ridge
City of Coppell – PD Outline
PD-199-HC-S-1211 Amendment
August 21, 2006
The following is a request for the modification of the existing planned development, know as a PD-199-
HC-S-1211 located on Tract 4, Vista Pointe II/MacArthur Ridge Subdivision located at the southwest
corner of MacArthur Boulevard and SH 121 (the Planned Development” or “PD”), currently zoned PD-
199-HC-S-1211 in the City of Coppell, Texas. Therefore, the amendment of the Planned Development as
described herein shall deviate from the city of Coppell Zoning Ordinance requirements as follows:
I. USE REGULATIONS
A. The proposed Planned Development shall comply with the use regulations set forth in
Zoning Ordinance No. PD-199-HC-S-1211, and requests approved of the following
amended uses which are either not currently defined as of the date of this submittal or
permitted per Special Use Permit (SUP):
Tract 4 (only)
i. Automobile Repair Garage (no outside storage of vehicles)
ii. Retail Uses
iii. Restaurant Use, which shall not exceed an aggregate total of 4,655 square feet,
provided a Special Use Permit is granted and sufficient parking exists for each
restaurant tenant
iv. Grocery and Convenience Stores provided a Special Use Permit is granted
v. Hours of Operation shall not exceed:
Automobile Retail Garage – 7:00 AM to 7:00 PM Mon-Fri
7:00 AM to 6:00 PM Sat
9:00 AM to 5:00 PM Sun
Retail – 24 hours/Day, 7 Days/Week
II. SIGNAGE
a. Signage regulations for this proposed Planned Development shall remain as defined in Zoning
Ordinance No. PD-199-HC-S-1211, with the following amendments:
i. Tract 4 shall be allowed two (2) monument signs, each of which will display the
name of both the retail center and automotive service center, the square footage
of each above reference sign shall not exceed sixty (60) square-feet.
YESCO TO MANUF., CRATE & LOAD ONE (1) PF/PC INT/ILLUM
LOGO. W/SET OF PF/PC INT/ILLUM FIRESTONE CAC LETTERS.
PF/PC LOGO ( 12.75 SQ/FT ):
TOP SECTION TO HAVE 5” RETURNS PAINTED OX BLOOD.
1” TRIM CAP TO BE OX BLOOD.
FACE TO BE RED ACRYLIC W/ RED L.E.D. ILLUM.
BOTTOM SECTION
TO HAVE 5” RETURNS PAINTED 300C BLUE.
1” TRIM CAP TO BE BLUE.
FACE TO BE WHITE ACRYLIC W/FIRST SURFACE VINYL
3630-97 BRISTOL BLUE W/WHITE SHOW THROUGH COPY.
ILLUMINATION TO BE WHITE L.E.D.
PF/PC LOGO ( 12.75 SQ/FT ):
(A- OPTION 2) INT/ILLUM PF/PC LOGO & LETTERS (A- OPTION 2) INT/ILLUM PF/PC LOGO & LETTERS
FIRESTONE: PF/PC INT/ILLUM LETTERS.
5” RETURNS & 1” TRIM CAPS TO BE WHITE.
FACES TO BE WHITE ACRYLIC.
ILLUMINATION TO BE WHITE L.E.D.
COMPLETE AUTO CARE:
TO BE PF/PC INT/ILLUM. LETTERS
FACES TO BE WHITE ACRYLIC.
5” RETURNS & 1” TRIM CAPS TO BE WHITE.
ILLUMINATION TO BE WHITE L.E.D.
TM:
TO BE NON/ILLUM. CUT OUT BLACK ACRYLIC LETTERS.
ALL INSTALLATION TO BE DONE BY SUB.
FIRESTONE:
COMPLETE AUTO CARE:
TM:2'-10”2'-1 ½" 21'-5 ½" 3'-0 "4'-6 "
SCALE 3/8”=1’-0” ( TOTAL SIGN AREA 64.37 SQ/FT )
9"
1'-5 ½"
5 "
PROD. APPROVAL
CLIENT ORIG. DES.
SALES REVISIONS
SALESPERSON
FILE DESIGN NUMBER
W.O. NUMBER
NOTE: COST FOR PROVIDING NECESSARY
ELECTRICAL WIRING TO SIGN AREA IS NOT
INCLUDED IN SIGN PROPOSAL.
DESIGN
ESTIMATING
ENGINEERING
EXPEDITING
DATE BY DRAWINGS DESIGN NO.SHEET NO.SCALE DATE BY FIRM NAME/LOCATION ADDRESS
1148 So. 300 W., S.L.C., Utah 84101 (801) 487-8481R
THIS DRAWING WAS CREATED TO ASSIST YOU IN VISUALIZING OUR PROPOSAL. THE ORIGINAL IDEAS HEREIN ARE THE PROPERTY OF YOUNG ELECTRIC SIGN COMPANY. PERMISSION TO COPY OR REVISE THIS DRAWING CAN ONLY BE OBTAINED THRU A WRITTEN AGREEMENT WITH YESCO. SEE YOUR SALES REPRESENTATIVE OR CALL THE NEAREST OFFICE OF YOUNG ELECTRIC SIGN COMPANY.
UTAH CONTRACTOR LICENSE NO. 22-225497-5501
PATTY HALLPATTY HALL
25072-R325072-R3
FIRESTONE
SR 121 AND MACARTHUR
COPPELL, TX.
FIRESTONE
SR 121 AND MACARTHUR
COPPELL, TX.
25072-R2 4 OF 4 NOTED 9/15/06 25072-R2 4 OF 4 NOTED 9/15/06
25072-R3 1 OF 3 NOTED 9/27/06 25072-R3 1 OF 3 NOTED 9/27/06
GLERY
CUSTOMER APPROVAL
I have studied the above design
drawing and find the following details
acceptable.
( ) Copy and Letter styles
( ) Materials ( ) Colors*
( ) Dimensions
Customers Signature / Date
CUSTOMER APPROVAL
I have studied the above design
drawing and find the following details
acceptable.
( ) Copy and Letter styles
( ) Materials ( ) Colors*
( ) Dimensions
Customers Signature / Date
NOTE: PF/PC LOGO NTE 20% (12.875) OF TOTAL SIGN AREA.
YESCO TO MANUFACTURE, CRATE & LOAD THREE (3) SETS OF PC/PF BRIDGESTONE LETTERS.
2157 RED PLEX FACE W/RED L.E.D ILLUM. FOR TRIANGLE PORTION OF LETTER B ONLY.
ALL OTHER "BRIDGESTONE" COPY TO BE WHITE PLEX FACE W/FIRST SURFACE BLACK
PERFORATED VINYL.
ALL LETTERS TO HAVE 1" BLACK TRIM CAP, 5” ALUM. RETURNS PAINTED DS-001.
ILLUMINATION TO BE WHITE L.E.D.
SUB TO INSTALL FLUSH TO WALL ON EAST, NORTH & WEST ELEVATIONS.
(B)-PF/PC INT/ILLUM BRIDGESTONE LETTERS - SCALE: 3/4”=1’-0” (B)-PF/PC INT/ILLUM BRIDGESTONE LETTERS - SCALE: 3/4”=1’-0”
7'-10 "10 "1'-0 ½" 5 "R-3: A Option 1 deletedR-3: A Option 1 deleted
PROD. APPROVAL
CLIENT ORIG. DES.
SALES REVISIONS
SALESPERSON
FILE DESIGN NUMBER
W.O. NUMBER
NOTE: COST FOR PROVIDING NECESSARY
ELECTRICAL WIRING TO SIGN AREA IS NOT
INCLUDED IN SIGN PROPOSAL.
DESIGN
ESTIMATING
ENGINEERING
EXPEDITING
DATE BY DRAWINGS DESIGN NO.SHEET NO.SCALE DATE BY FIRM NAME/LOCATION ADDRESS
1148 So. 300 W., S.L.C., Utah 84101 (801) 487-8481R
THIS DRAWING WAS CREATED TO ASSIST YOU IN VISUALIZING OUR PROPOSAL. THE ORIGINAL IDEAS HEREIN ARE THE PROPERTY OF YOUNG ELECTRIC SIGN COMPANY. PERMISSION TO COPY OR REVISE THIS DRAWING CAN ONLY BE OBTAINED THRU A WRITTEN AGREEMENT WITH YESCO. SEE YOUR SALES REPRESENTATIVE OR CALL THE NEAREST OFFICE OF YOUNG ELECTRIC SIGN COMPANY.
UTAH CONTRACTOR LICENSE NO. 22-225497-5501
PATTY HALLPATTY HALL
FIRESTONE
SR 121 AND MACARTHUR
COPPELL, TX.
FIRESTONE
SR 121 AND MACARTHUR
COPPELL, TX.
25072 1 OF 3 1/16”=1’-0” 2/17/06 25072 1 OF 3 1/16”=1’-0” 2/17/06
25072-R1 1 OF 4 1/16”=1’-0” 9/15/06 25072-R1 1 OF 4 1/16”=1’-0” 9/15/06
25072-R3 2 OF 3 1/16”=1’-0” 9/27/06 25072-R3 2 OF 3 1/16”=1’-0” 9/27/06
GLERYGLERY
CUSTOMER APPROVAL
I have studied the above design
drawing and find the following details
acceptable.
( ) Copy and Letter styles
( ) Materials ( ) Colors*
( ) Dimensions
Customers Signature / Date
CUSTOMER APPROVAL
I have studied the above design
drawing and find the following details
acceptable.
( ) Copy and Letter styles
( ) Materials ( ) Colors*
( ) Dimensions
Customers Signature / Date
EAST ELEVATION
WEST ELEVATION
SCALE 1/16”=1’-0”
SCALE 1/16”=1’-0”
B
B
S.H. 121 MONUMENT SIGN MacARTHUR MONUMENT SIGN
R-3: A Option 1 deletedR-3: A Option 1 deleted
25072-R325072-R3
PROD. APPROVAL
CLIENT ORIG. DES.
SALES REVISIONS
SALESPERSON
FILE DESIGN NUMBER
W.O. NUMBER
NOTE: COST FOR PROVIDING NECESSARY
ELECTRICAL WIRING TO SIGN AREA IS NOT
INCLUDED IN SIGN PROPOSAL.
DESIGN
ESTIMATING
ENGINEERING
EXPEDITING
DATE BY DRAWINGS DESIGN NO.SHEET NO.SCALE DATE BY FIRM NAME/LOCATION ADDRESS
1148 So. 300 W., S.L.C., Utah 84101 (801) 487-8481R
THIS DRAWING WAS CREATED TO ASSIST YOU IN VISUALIZING OUR PROPOSAL. THE ORIGINAL IDEAS HEREIN ARE THE PROPERTY OF YOUNG ELECTRIC SIGN COMPANY. PERMISSION TO COPY OR REVISE THIS DRAWING CAN ONLY BE OBTAINED THRU A WRITTEN AGREEMENT WITH YESCO. SEE YOUR SALES REPRESENTATIVE OR CALL THE NEAREST OFFICE OF YOUNG ELECTRIC SIGN COMPANY.
PATTY HALLPATTY HALL
FIRESTONE
SR 121 AND MACARTHUR
COPPELL, TX.
FIRESTONE
SR 121 AND MACARTHUR
COPPELL, TX.
25072 3 OF 3 NOTED 2/17/06 25072 3 OF 3 NOTED 2/17/06
25072-R2 3 OF 4 NOTED 9/15/06 25072-R2 3 OF 4 NOTED 9/15/06
25072-R3 3 OF 3 NOTED 9/27/06 25072-R3 3 OF 3 NOTED 9/27/06
GLERYGLERY
-NTS
UTAH CONTRACTOR LICENSE NO. 22-225497-5501
CUSTOMER APPROVAL
I have studied the above design
drawing and find the following details
acceptable.
( ) Copy and Letter styles
( ) Materials ( ) Colors*
( ) Dimensions
Customers Signature / Date
CUSTOMER APPROVAL
I have studied the above design
drawing and find the following details
acceptable.
( ) Copy and Letter styles
( ) Materials ( ) Colors*
( ) Dimensions
Customers Signature / Date
MONUMENT DISPLAYS LOCATIONSMONUMENT DISPLAYS LOCATIONS
R-3: No changes on this page.R-3: No changes on this page.
5'-0 "
8”
8”
8”
8”
8”5'-3 "11'-4 "
SCALE 1- ½” =1’-0”SCALE 1- ½” =1’-0”
8 "
2 ½"
5'-2 ½"
YESCO TO MANUFACTURE, CRATE & LOAD FOUR (4)
SETS OF CUT OUT ALUMINUM LETTERS PAINTED
RED TO MATCH VINYL DARK RED 3630-73.
SUB TO INSTALL W/1” NON CORROSIVE STAND-OFFS.
2 SETS FOR S.H. 121 MONUMENT SIGN.
2 SETS FOR MacARTHUR MONUMENT SIGN.
(C) CUT OUT ALUMINUM LETTERS(C) CUT OUT ALUMINUM LETTERS
LETTERS MOUNTED ON MONUMENT DONE BY OTHERS - SCALE 3/8”=1’-0”LETTERS MOUNTED ON MONUMENT DONE BY OTHERS - SCALE 3/8”=1’-0”
TENANT SIGN
TENANT SIGN
TENANT SIGN
TENANT SIGN
TENANT SIGN
25072-R325072-R3
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ ȱ
Planning
October 10, 2006
12
✔
PRESENTATION
Consider approval of the Coppell Town Center Plaza, Site Plan, to allow the development of plaza area to include an
amphitheater, 65-foot tall tower element, water feature, shade pavilion, walkways, seating areas and landscaping on
approximately 6 acres of property located south of Coppell Town Center and east of the Justice Center
The following P&Z conditions remain outstanding:
1. Meet paving and drainage design criteria of Engineering.
2. Provide additional information regarding water feature—depth, fountain, dimension, etc., if known.
3. Contact Larry Redick at (972) 323-8917 to discuss electric service requirements.
Decision of the P&Z Commission at the September 21st meeting:
APPROVAL with Commissioners McCaffrey, Haas, Kittrell and Reese
voting in favor. Commissioners Borchgardt, Hall and Foreman voting in
opposition.
Staff recommends approval, subject to the conditions listed above.
@3Coppell TC, Site Plan, 1-AR
ITEM # 8 Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case: Coppell Town Center Plaza, Site Plan
P&Z HEARING DATE: September 21, 2006
C.C. HEARING DATE: October 10, 2006
STAFF REP.: Gary L. Sieb, Director of Planning
LOCATION: South of Coppell Town Center building and east of the Justice
Center
SIZE OF AREA: 6 acres
CURRENT ZONING: TC, Town Center
REQUEST: Site Plan approval for the development of a public plaza to include
an amphitheater, 65 foot tall tower element, water feature, shade
pavilion, walkways, and landscaping
APPLICANT: Owner: Engineer:
City of Coppell Halff and Assoc.
Brad Reid Francois deKock
816 South Coppell Rd. 8616 Northwest Plaza Dr.
Coppell, Texas 75019 Dallas, Texas 75225
(972) 462-5100 (214) 346-6200
Fax: (972) 462-5149 Fax: (214) 739-0096
HISTORY: There has been no recent history on the subject tract, although
several months ago, Council authorized the expansion of both Fire
Station #3 and the Justice Center. Construction is currently
underway on both of these projects.
ITEM # 8 Page 2 of 3
TRANSPORTATION: Parkway Boulevard is a C4D, 4 lane, concrete, divided
thoroughfare contained within a minimum 70 foot right of way.
Town Center Boulevard is a local concrete street contained within
a variable width right of way.
SURROUNDING LAND USE & ZONING:
North –Town Center building; TC, Town Center
South –YMCA building; TC, Town Center
East – Town Center Elementary School; TC, Town Center
West – Coppell Justice Center; TC, Town Center
COMPREHENSIVE PLAN: The Coppell Comprehensive Plan shows the property as suitable
for park and public institutional uses.
DISCUSSION: If approved, this request would complete the development plan for the
area around Town Center. Composed of approximately 6 acres, this
proposal includes an amphitheater, a variety of walking paths, a
contemplative garden, a shade pavilion, a 65-foot tall tower structure, 10-
foot tall entrance gateways, and abundant landscaping. When completed it
is anticipated that this development will provide an important location for
community activities.
This is a creative request that generated positive response from Council
when they were introduced to an earlier version of this same proposal. In
addition to respecting existing adjacent development, this plan establishes
a variety of design concepts in hopes of drawing citizens to the area.
Extensive landscaping, numerous trails, a water element, ten foot high
defined entryways with unique structural features, a 65-foot tall identity
tower, and a unique lighting plan all add to the goal of creating a common
and unique location for a variety of community events. The Plaza is
visualized as being the anchoring element in tying together all the Town
Center buildings. It creates a pleasant portal when walking between Town
Center, the Justice Center and the YMCA. It utilizes regional building
materials and plant species in its development. It is a cohesive project in
that natural stone materials, well-proportioned elements, and design
continuity is present throughout the project. It takes advantage of the rear
of Town Center (actually, initially envisioned to be the front of the
structure) and creates an exciting second front door to the building. The
65 foot tall tower is the anchor to the plan and an “out of the box” design.
Composed of both hard surface (limestone, steel, concrete) and soft
textured (the fabric membrane) materials, there is no question that it will
generate substantial conversation regarding its form, and become a
landmark in its own right. Landscaping materials are varied and drought
resistant, and are all listed in our plant palette.
ITEM # 8 Page 3 of 3
In sum, the Plaza has the potential to create a symbolic and unifying
destination for a variety of community related activities by drawing a
number of independent elements into one cohesive whole. It encourages
the congregation of people, completes the Town Center development, and
creates an exciting open space area for a variety of activities.
All in all, staff supports this proposal but needs additional information to comply
with our development requirements. They are listed as conditions for approval
below.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of this request, subject to the following
conditions:
1. Meet paving and drainage design criteria of Engineering.
2. Provide color board of proposed structural development.
3. Submit landscape plan to include plant materials, sizes,
quantities, etc. as specified in Section 12-34 of the Zoning
Ordinance.
4. It appears overstory plant materials are planted too closely
together—please justify.
5. Provide additional information regarding water feature—depth,
fountain, dimension, etc., if known.
6. Contact Larry Redick at (972) 323-8917 to discuss electric
service requirements.
ALTERNATIVES:
1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1) Submittal package of 13 sheets (perspective, elevations, site plan, floor plans,
landscape plan, computer-generated perspective drawings, etc.).
2) Departmental comments attached (Engineering)
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WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
Planning
October 10, 2006
13
✔
PUBLIC HEARING
Consider approval of Case No. PD-214-TH-1, TH-2, C and SF-9, The Ellington, zoning change request from C
(Commercial), R (Retail) and SF-9 (Single Family–9) to PD-214-TH-1, TH-2, C and SF-9 (Planned Development-214-
Townhouse-1, Townhouse-2, Commercial and Single-Family), with a Concept Site Plan to allow the development of
125 townhouse units (67 TH-1 units on approximately 11.6 acres of Tract A.1 and 58 TH-2 units on approximately 7.5
acres of Tract A.2); Commercial uses on Tract A.3 (approximately 2 acres) along Sandy Lake Road; and on Tracts A.4
and A.5 (4.4 acres) along Denton Tap Road; SF-9 on 3.3 acres for park/open space, on Tract B for a total of
approximately 29.05 acres of property located south of Sandy Lake Road, and west of Denton Tap Road.
The following P&Z conditions remain outstanding:
1. Include concept plans for the proposed commercial tracts on Sandy Lake and Denton Tap.
2. Indicate maximum number of townhouses to be 122 units.
3. Directive to staff to not include the illustration indicating 57 single-family lots that could be constructed at this same
site.
Decision of the P&Z Commission at the August 17th meeting:
APPROVAL with Commissioners Borchgardt, Hall, McCaffrey, and
Foreman voting in favor. Commissioners Kittrell and Reese voting in
opposition. Commissioner Haas was absent.
On September 12, 2006, Council TABLED consideration of this request
until the October 10th Council meeting.
Staff recommends approval, subject to the conditions listed above.
@4PD-214-TH-1&2, C&SF-9, Elling, 1-AR
Item # 10 Page 1 of 6
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case No.: PD-214-TH-1, TH-2, C and SF-9,
“The Ellington”
NOTE: Comments in bold have been added since this case was taken under advisement on
July 20, 2006.
P&Z HEARING DATE: July 20, 2006 (Continued with the hearing left open to August 17)
C.C. HEARING DATE: August 8, 2006 (Estimated reschedule date of Sept. 12)
STAFF REP.: Gary L. Sieb, Planning Director
LOCATION: South of Sandy Lake Road, and West of Denton Tap Road
SIZE OF AREA: 29.05 acres
CURRENT ZONING: C (Commercial), R (Retail) and SF-9 (Single Family-9)
REQUEST: Zoning change request to PD-214-TH-1, TH-2, C and SF-9
(Planned Development-214-Townhouse-1, Townhouse-2,
Commercial and Single Family-9) with a Concept Site Plan to
allow the development of 128 townhouse units (67 TH-1 units on
approximately 11.6 acres of Tract A.1 and 61 TH-2 units on
approximately 7.5 acres of Tract A.2); Commercial uses on Tract
A.3 (approximately 2 acres) along Sandy Lake Road and along
Denton Tap Road (approximately 4.4 acres on Tracts A.4 and
A.5); SF-9 zoning on 3.6 acres for park/open space use on Tract B.
APPLICANT: JDB Real Estate Invest. Engineer: Dowdey, Anderson
Darron Ash Matt Alexander
832 DeForest Road 5225 Village Creek Dr.
Coppell, TX 75019 Suite 200
(214) 663-6878 Plano, TX 75093
FAX (972) 393-9292 (972) 931-0694
FAX (972) 931-9538
Item # 10 Page 2 of 6
HISTORY: There has been no recent zoning history on the subject tract
although there have been numerous past development proposals
that never resulted in a zoning application.
TRANSPORTATION: Denton Tap Road is a P6D, improved, concrete, six-lane, divided
thoroughfare contained within a 110-foot right-of-way; Sandy
Lake Road is an existing asphalt two-lane road to eventually be
improved to a C4D, 4-lane, divided thoroughfare contained within
a 110-foot right-of-way.
SURROUNDING LAND USE & ZONING:
North – retail uses; “C”, Commercial
South – single-family residential; PD-115 (SF-7)
East – retail uses; “C”, Commercial
West – residential/commercial uses; SF-12 and “R” Retail
COMPREHENSIVE PLAN: The Coppell Comprehensive Plan of May 1966, as amended,
shows this property to be developed in medium (generally in the neighborhood of 4-dwelling
units per acre or less) density residential uses.
DISCUSSION: (Because the Planning Commission continued this case to the August 17th
hearing to give the applicant an opportunity to address staff concerns, the statements
depicted in bold are responses based on applicants re-submittals) Over the last few years,
staff has reviewed a number of land use proposals for this property, locally referred to as the
“Ardinger parcel.” Back in 2001-2, staff recommended the property be rezoned to low density
residential use of 3-4 dwelling units per acre, to be compatible with the surrounding residential
density. Mr. Ardinger vigorously opposed that recommendation and promised a plan that would
create an exciting mixed-use development of which the city would be proud. His representative
likened it to a smaller Southlake Town Center. That development never materialized. Roughly
three years ago, we were presented a plan for a townhouse project with density approaching 9-10
units per acre. That proposal was never formally submitted. In early 2006, staff informally
reviewed a development containing all single family detached residences at less than 3 dwelling
units per acre for a total of 57 homes which was enthusiastically received. We have attached a
copy of that plan for your information and possible comparison purposes with the request before
you. That plan did not proceed beyond casual discussion (for whatever reason—price,
communication with owner, pending contract, etc.) which brings us to the case before you this
evening. As you will recall, at the July 20th hearing a letter was submitted (attached)
requesting the Commission and Council to disregard a low-density residential proposal
submitted as a possible development scenario for the subject tract. Staff included that plan
only to show the subject tract could be developed with much lower residential density.
What is being proposed here is a mixed use Planned Development reflecting open space, 128
townhouses, commercial and retail uses. A number of exceptions have been taken with our
townhouse development requirements including setbacks, densities, alley widths, circulation
Item # 10 Page 3 of 6
patterns, lot coverage, among others. For instance, the northern parcel (Tract A.1) proposes 5-
foot rear yard setbacks from garages/structures where 20 feet is required by ordinance. We are
extremely concerned with this setback request, even with the 20-foot alleys the developer is
proposing. In addition, lot depths are less than code (95 feet rather than 100 feet), lot widths do
not comply (24 feet rather than 25 feet), front yard setbacks are less than code (10 feet vs. 20 to
25 feet). Also, the proposal allows 3-foot overhangs in the front yard resulting in only 7 feet of
space between a unit and the street R.O.W. Side yard spacing is less than code (10 feet rather
than the required 15 feet), and there are a number of “flag” lots that are discouraged from a
safety, aesthetic and utility provision perspective. Also of concern is the amount of guest
parking this plan proposes. Our ordinance states that .5 guest parking spaces must be provided
per unit with a development of this magnitude. Tract A.2 provides this minimum (31 spaces),
but Tract A.1 provides none. Following code would require 34 guest parking spaces being
provided on this tract. A statement on the Plan requests guest parking for Tract A.1 be provided
on street. This is totally unacceptable. Adequate guest parking can not be provided this way
what with the narrow lots, the “flag” properties that have only 10 feet of frontage, the minimal
front yards throughout the project, and the hazardous maneuvering which results if fire or
emergency services are required by residents.
The applicant has provided colored elevations of the townhouse product and, at first glance,
these are attractive units. The two-story units, if limited to typical 2-story heights (35 feet), is
appropriate for this area. We do, however, have concern with the three-story townhouses. When
visualized in its true form, these are sizeable buildings, towering above 46 feet in height, and
connected up to five in a row. To give a proper perspective to what the product would look like
at completion, visit the new Lewisville project at the northwest corner of MacArthur Boulevard
and Vista Ridge Mall Drive, Settlers Village. These are for sale townhouses--at a maximum of
six units attached--to get a feel for the bulk, height, and massiveness of these buildings. Settlers
Village building height (approximately 38 feet) is less than The Ellington’s by at least ten feet,
but their appearance conveys buildings that would be out-of-scale with our surrounding
residential community on both the south and west.
Tree mitigation is another area that warrants careful review. This property is full of trees.
Although the applicant has made some effort to recognize them, mitigation fees, reparation
plans, and close review by the Parks Department is mandatory if this project proceeds. We take
strong objection to the statement that the proposed open space areas of Tract B satisfy all tree
mitigation and associated fee payments. Please see an updated response from Parks attached
to this staff report dated August 10, 2006.
The written PD Regulations exhibit essentially requests the standards we have objected to in the
proceeding paragraphs. There are minor changes that need to be made to that document such as
this property is located in Dallas not Denton County. Detached garages are not allowed in
residential projects, the density figure for Tract A.1 needs to reflect 67 units, not 71. The same
holds true for Tract A.2, density should be 61, not 63. As mentioned above, we take objection to
the tree mitigation statements. Also, the statement referring to the Director of Development
needs to be revised to refer to the Director of Planning.
A final comment needs to be stated regarding circulation patterns proposed by this development.
The Planning, Engineering and Fire Departments strongly recommend extension of Tealwood
Drive into this property. This extension would do at least two things. It would give the
Item # 10 Page 4 of 6
Wynnpage residents an alternate way in and out of their subdivision, and it would greatly
enhance fire and emergency services access to both properties.
In all fairness, and recognizing the applicant’s attempts to address many of our concerns, we
have attached as an enclosure, his reply to our staff review labeled “Applicant’s Response
Memo.” In parentheses we have summarized the issue at hand with regard to each specific
rejoinder.
Planned Development districts were established over 40 years ago to provide a means of
developing land that could not conform to established building guidelines. It was initially
conceived to offer a variety of mixed land uses that, if developed together, could result in a
product from conventional standards just would not work; i.e., residential mixed with
commercial/office/retail uses in a pattern that blended together. Over the years, the original
concept has been modified to the point that today’s PD bears little resemblance to the initial
offering. That is the case with this proposal. What we have here is a request to modify our
residential guidelines to satisfy a particular land use proposal. There is no “blending” of a
variety of land uses, no uniform design statement to bring a variety of land uses into one
cohesive whole. The PD addresses only a residential component. As such, it takes a great deal
of license with our established development standards with little justification for it other than a
dwelling unit count needed to ensure an economic return. We cannot support this request in its
present form.
The revised plan makes the following changes:
Tract A.1 density is decreased by one unit (now 66 du’s).
Tract A.2 density is decreased by 5 units (now 56 du’s).
Tract A.2 3-story units reduced to 2-story, elevations also modified.
Commercial development has been reduced from 4.4 ac. to 3.6, eliminating possible
development behind the KFC building preserving .8 ac. of added open space.
A street connection has been made to Denton Tap on the south end of the project.
A 28-foot access and utility easement reservation has been made at Tealwood.
“Flag” or “dog leg” lots have been eliminated.
Number of units reduced from 128 to 122 (their density reduced from 5.7 to 5.4
du/ac.—our site density is calculated at 6.4 du/ac.). Also noted is a statement on the
Plan suggesting a possible dwelling unit count of 125 structures.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending DENIAL of this request, based upon the points stated above: It is
too dense; it ignores most of our development guidelines; it does not provide satisfactory
circulation; it creates serious health, safety and public welfare issues; it does not reflect
community life style values; and it disregards the adjacent residential development
patterns. A substantially lower density product, more closely aligned with our current
development standards and respectful of the adjacent residential communities is
encouraged for this site.
There are still a number of concerns with this case. Density is still problematic,
especially with the Plan note that states a possible 125 units. Development code
Item # 10 Page 5 of 6
guidelines have not been met (i.e., lot depth should be 100’, they show 95’; minimum
lot size should be 2500’, they show 2200’; lot width should be 25’, they show 24’;
minimum garage setback should be 20’, they show 5’). Guest parking requirements
have not been followed and they still show on-street parking as addressing this
concern. There are a number of inconsistencies between the plan and the proposed
PD regulations. A landscape plan must still be submitted before accurate tree
mitigation fees can be calculated (see attached Parks Department memo).
Given these concerns Staff still has serious reservations regarding this development.
To gain our support, the following changes must be accomplished:
• Reduce density to 5 du/ac.
• Abide by Development Code guidelines (lot size, depth, width, etc.)
• Specify maximum unit height of two stories or 35 feet
• State minimum rear yard setbacks of 20 feet
• Provide guest parking at code requirements
• Eliminate on-street parking calculations for required parking
• Correct tree mitigation calculations and pay fees
• Meet City Codes relative to Driveway and circulation plan
• Revise PD and Plan to be consistent with one another
• Address DRC concerns
• Reduce number of bedrooms to no more than two per unit
• Remove “…area regulations for Alley Access dwellings…” from PD
conditions
• Submit conceptual elevations of non-residential uses proposed in PD
• Provide color board showing building materials
• Abide by departmental comments (Parks, Fire, Engineering)
On Friday afternoon additional clarification regarding this case was submitted to
staff. It was in the form of e-mail correspondence and is attached under New
Attachment below. Because of the late time of submission, staff will be addressing
any outstanding issues related to this message at the public hearing.
ALTERNATIVES:
1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1) Departmental Comments (Fire, Engineering)
2) Applicant’s Response Memo
3) Suggested Planned Development Regulations
4) Zoning Exhibit (2 items)
5) Landscape Details (2 exhibits)
6) Full-colored Building Elevations (3 examples)
Item # 10 Page 6 of 6
7) Colored Concept Plan
8) Floor Plan Set (2 sheets)
9) 57 Single Family Unit Plan
NEW ATTACHMENTS:
1) Development package (zoning, concept plan, water/sewer, drainage.
landscape exhibits)
2) Proposed Planned Development regulations
3) 25’ and 30’ street access elevations (two sheets, one colored, one b/w)
4) 25’ and 30’ street access floor plan
5) Reduced, colored site plan
6) Tree Mitigation memo (Parks)
7) Departmental comments (Fire, Engineering)
8) Property owner letter dated July 20, 2006
9) E-mail correspondence from applicant dated 8/11/06
Exhibit “A”
Planned Development Regulations
Development Standards
Submitted: June 19, 2006
Revised: August 30, 2006
Owner:
H.T. Ardinger
1990 Lake Pointe Drive
Lewisville, Texas 75057
Developer/Applicant:
JDB Real Estate Investments, LLC or Assigns
832 De Forest Road
Coppell, Texas 75019
(214) 663-6878
(972) 393-9292 Fax
Planner/Engineer/Surveyor:
Dowdey, Anderson and Associates, Inc.
5225 Village Creek Drive
Suite 200
Plano, Texas 75093
(972) 931-0694
(972) 931-9538 Fax
Planned Development Regulations
For a 25.422 acre tract (Tract A) and a 3.633 acre tract (Tract B) out of the
Edward A. Crow Survey, Abstract No. 301 in the City of Coppell, Denton
Counties, Texas.
1.0 Purpose
The purpose of this PD is to create a neighborhood within a unique
wooded environment with a blend of residential townhouse products and
commercial/retail uses that are appealing and relevant to an exclusive and
low-maintenance type life style.
2.0 Definitions:
Definitions used herein shall be the same as those found in Article 42 of
the Chapter 12 Zoning of the Code of Ordinances of the City of Coppell,
Texas.
3.0 General Regulations
1. All regulations for Tracts A and B not redefined by this amendment
shall default to the existing regulations set forth in the Coppell Zoning
Ordinance, adopted by the City on April 4, 2002.
2. Any future modification to this adopted PD shall be limited to the
specific sub-tracts being modified.
3. Two-Family dwellings are permitted and shall conform to the same
area regulations described herein.
4. Detached garages are allowed by right and may or may not be
connected to the main structure. In addition, all detached garage units
may have a one (1) story habitable structure above them, provided it is
connected to the main structure.
5. A property owners association shall be established and shall be
responsible for the maintenance of all park/open space areas.
6. The building elevations provide in conjunction with this PD are
representative of the architectural style and quality of the proposed
Formatted: Bullets and Numbering
Formatted: Bullets and Numbering
Formatted: Bullets and Numbering
Formatted: Bullets and Numbering
Deleted: <#>For Tract A.1 and A.2,
flag lots shall be allowed and the
portion of the lot connecting to public
right-of-way shall not be less than ten
(10) feet.¶
townhome product. The final elevation of each independent townhome
building is dependent on the number of townhome units grouped together,
the number of stories (1, 2 & 3 stories) and the floor plan selected by the
future resident, thus the final location of windows, doors, and building
materials shown may vary, but the general quantity of materials grouped
together, the quality of the materials represented and the architectural
style (windows, doors, roof pitch, and building materials) of the building
shall remain the same.
4.0 Use Regulations
The permitted uses within Tract A and Tract B shall as follows:
Tract A.1 (+/- 12 ac.): The permitted uses shall be those uses
permitted by the Coppell Zoning District “TH-1” – Townhouse 1 as
described in Article 15 of the Section 12 of the Zoning Ordinances for the
City of Coppell, Texas.
Tract A.2 (+/- 8 ac.): The permitted uses shall be those uses permitted by
the Coppell Zoning Districts “TH-1 – Townhouse 1 or “TH-2” – Townhouse
2 as described in Article 16 of the Section 12 of the Zoning Ordinances for
the City of Coppell, Texas.
Tract A.3 (+/- 1.7 ac.): The permitted uses shall be those uses
permitted by the Coppell Zoning District “C” - Commercial as described in
Article 23 of the Section 12 of the Zoning Ordinances for the City of
Coppell, Texas.
Tract A.4 (+/- 0.8 ac): The permitted uses shall be those uses
permitted by the Coppell Zoning District “C” – Commercial as described in
Article 23 of the Section 12 of the Zoning Ordinances for the City of
Coppell, Texas.
Tract A.5 (+/-3.6 ac.): The permitted uses shall be those uses
permitted by the Coppell Zoning District “C” – Commercial District as
described in Article 24 of the Section 12 of the Zoning Ordinances for the
City of Coppell, Texas.
Tract B (+/- 3.3 ac.): The permitted uses shall be a private park. The
zoning classification shall be Coppell Zoning District “SF-9” – Single
Family 9 as described in Article 24 of the Section 12 of the Zoning
Ordinances for the City of Coppell, Texas.
For a visual illustration identifying the general location of the zoning
classifications outlined above, see Exhibit “B.”
5.0 Area Regulations
The following amended area regulations shall apply:
Tract A.1 (Alley Access):
Minimum Front Yard -
The minimum depth of the front yard shall be fifteen (15) feet for
rear-entry or alley served units.
Minimum Rear Yard -
The minimum depth of the rear yard shall be five (5) feet for
rear-entry or alley served units.
Maximum Lot Coverage -
The maximum lot coverage shall not be greater than eighty
(80) percent of the gross lot area.
Maximum number of Dwelling Units-
The maximum number of dwelling units shall be 67.
Maximum building height:
The maximum allowable building height shall not be greater than 41 feet,
measured at the ridge line.
For Tract A.2, brick ledges, 2nd and 3rd floor living areas, balcony’s,
chimneys, and other ornamental projections or architectural features may
project into the front yard a maximum of 3 feet, into the rear yard a
maximum of three (3) feet and/or into the side yard a maximum of three
(3) feet.
Tract A.2 (Street Access):
Minimum Lot Depth -
The minimum lot depth shall be ninety-five (95) feet.
Minimum Lot Area -
The minimum lot area shall be 2,200 square feet.
Maximum number of Dwelling Units-
The maximum number of dwelling units shall be 58.
Maximum building height:
The maximum allowable building height shall not be greater than 41 feet,
measured at the ridge line.
For Tract A.1b, brick ledges, 2nd and 3rd floor living areas, balcony’s,
chimneys, and other ornamental projections or architectural features may
project into the front yard a maximum of 3 feet, into the rear yard a
maximum of seven (7) feet and/or into the side yard a maximum of three
(3) feet.
Formatted: Indent: Left: 0", First
line: 0.5"
Deleted: ten (10) feet
Deleted: Minimum Corner Side Yard
-¶
The minimum side yard for a corner
lot shall be ten (10) feet.¶
Minimum Building Separation -¶
The minimum building separation
shall be ten (10) feet.¶
Minimum Lot Size-¶
The minimum Lot size shall be 2500
square feet.¶
Deleted: 71
Deleted: ¶
Deleted: Maximum Height
Regulations -¶
The maximum allowable height shall
not be greater than two¶
and a half stories of habitable
structure nor more than¶
forty-six (46) feet, measured at the
mid-point between the top¶
plate and the dominate roof ridge.¶
Deleted: ¶
Minimum Corner Side Yard -¶
The minimum side yard for a corner
lot shall be ten (10) feet.¶
Minimum Building Separation -¶
The minimum building separation
shall be ten (10) feet.¶
Minimum Lot Width -¶
The minimum lot width shall be
twenty-four (24) feet.¶
Deleted: 0
Deleted: 63
Deleted: ¶
Maximum Height Regulations -¶
The maximum allowable height shall
not be greater than three¶
stories of habitable structure nor more
than forty-six (46) feet, ¶
measured at the mid-point between
the top plate and the¶
dominate roof ridge.¶
The area regulations for “Alley Access” dwellings outlined above in Tract
A.1 are also allowable in Tract A.2, but the maximum number of dwelling
units shall not be greater than maximum allowed specified within Tract
A.2.
6.0 Landscape and Screening Regulations
The preservation of Tract B as a private park or open space, shall satisfy
all tree mitigation requirements or monetary penalties associated with the
future removal of any existing trees from Tract A.
The following landscaping regulations shall apply:
· There shall be a minimum of one shade tree for every four residential lots
to complement large number of existing and mature trees.
· There shall be one ornamental tree planted for every two residential lots.
The following screening regulations shall apply:
· Masonry screening fences shall be provided along all thoroughfares
designated as an arterial or collector street on the city’s master
thoroughfare plan. Such fences shall extend into and along the side lot
lines, where applicable, of lots abutting the residential entry street(s)
extending into the subject subdivision from the designated thoroughfare.
They shall also be required along alley right-of-ways or property lines that
separate residential from commercial, office or retail uses. All screening
walls shall be constructed in conjunction with residential phases.
· Screening fences shall be a minimum height of six feet and may be
comprised of any of the following:
1. Solid masonry (stone or brick/split-face cmu block) or thin wall
2. Masonry or ornamental metal or a combination thereof.
3. Plans for screening fences and entry monumentation shall be
submitted to the Director of Development for approval and for
determination of acceptable distance for fence extensions into side
lot lines as required in Section II.3.A. Such plans shall be included
with the engineering plans at time of final platting.
· Any use of metal shall be accompanied by shrubbery in front of such
metal. Shrubbery when planted shall be a minimum size of five gallons
placed on 36-inch centers.
· The rear yards of all Street Access units which back to an open space
shall have 4-foot ornamental metal fencing. The side Yard fencing shall be
a 6-foot board-on-board wooden fence with a unified stain throughout.
7.0 Subdivision Regulations
· Development shall meet the standards as required in the City of Coppell
Subdivision Ordinance.
8.0 Legal Description
See attached Exhibit “C”.
EXHIBIT “C”
LEGAL DESCRIPTION
TRACT A
25.422 ACRES
BEING a tract of land located in the EDWARD A. CROW SURVEY, ABSTRACT NO.
301, City of Coppell, Dallas County, Texas and being a part of those tracts of land
described in Deed to Horace Thompson Ardinger, Jr., recorded in Volume 95064, Page
4717 and Volume 95064, Page 4713, Deed Records, Dallas County, Texas and part of a
tract of land described in Deed to Horace Thompson Ardinger, Jr. by City of Coppell,
Texas Ordinance No. 87383, recorded in Volume 87133, Page 1529, Deed Records,
Dallas County, Texas and being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod found at the intersection of the West right-of-way
line of Denton Tap Road, a 120 foot right-of-way, with the South line of said Ardinger
tract recorded in Volume 95064, Page 4717;
THENCE South 88 degrees 50 minutes 25 seconds West, along said South line, a
distance of 442.21 feet to a 1/2 inch iron rod with a yellow plastic cap stamped “DAA”
found at the Southeast corner of a tract of land described as Tract 2 in Deed to Lone Star
Gas Company, recorded in Volume 5493, Page 9, Deed Records, Dallas County, Texas;
THENCE North 58 degrees 50 minutes 33 seconds West, leaving said South line and
along the Northeasterly line of said Tract 2, a distance of 722.69 feet to a 1/2 inch iron
rod with a yellow plastic cap stamped “DAA” set for corner;
THENCE North 56 degrees 05 minutes 33 seconds West, continuing along said
Northeasterly line, a distance of 225.47 feet to a 1/2 inch iron rod with a yellow plastic
cap stamped “DAA” set in the West line of said Ardinger tract recorded in Volume
95064, Page 4717, at the most Northerly Northwest corner of said Tract 2 ;
THENCE North 00 degrees 26 minutes 54 seconds West, along said West line, a
distance of 229.35 feet to a 1” iron rod found at the Northwest corner of said Ardinger
tract recorded in Volume 95064, Page 4717 and the Southwest corner of a tract of land
described in Deed to General Telephone Company of the Southwest, recorded in Volume
71011, Page 1961, Deed Records, Dallas County, Texas;
THENCE North 89 degrees 30 minutes 32 seconds East, along the common line of said
Ardinger tract and said General Telephone Company tract, a distance of 206.46 feet to a
1/2 inch iron rod with a yellow plastic cap stamped “DAA” set at the Southeast corner of
said General Telephone Company tract and at the Southwest corner of said Ardinger tract
recorded in Volume 95064, Page 4713;
THENCE North 00 degrees 23 minutes 17 seconds West, along the common line of said
Ardinger tract recorded and said General Telephone Company tract, a distance of 558.04
feet to a PK nail set in the South right-of-way line of Sandy Lake Road, a 110 foot right-
of-way, said point being at the beginning of a non-tangent curve to the left having a
central angle of 08 degrees 10 minutes 46 seconds, a radius of 2,923.94 feet and a chord
bearing and distance of South 86 degrees 24 minutes 06 seconds East, 417.07 feet;
THENCE Easterly, along said South right-of-way line and along said curve to the left, an
arc distance of 417.42 feet to a 5/8 inch iron rod found;
THENCE North 89 degrees 30 minutes 31 seconds East, continuing along said South
right-of-way line, a distance of 203.18 feet to a 1” iron rod found at the Northwest corner
of Lot 2 of SANDY LAKE CROSSING ADDITION, an Addition to the City of Coppell,
according to the Plat thereof recorded in Volume 88037, Page 2602, Map Records, Dallas
County, Texas;
THENCE South 00 degrees 29 minutes 29 seconds East, leaving said South right-of-way
line, a distance of 175.00 feet to a 1” iron rod found at the Southwest corner of said Lot
2;
THENCE North 89 degrees 30 minutes 31 seconds East, a distance of 186.81 feet to an
X set in concrete in the West line of a tract of land described as Lot 3, Block 1 of
SANDY LAKE CROSSING, an Addition to the City of Coppell, according to the Plat
thereof recorded in Volume 90012, Page 3601, Map Records, Dallas County, Texas, at
the Southeast corner of said Lot 2;
THENCE South 02 degrees 43 minutes 14 seconds East, a distance of 224.48 feet to an
X set in concrete at the Southwest corner of a tract of land described as M.P.
McDONALD’S ADDITION, an Addition to the City of Coppell, according to the Plat
thereof recorded in Volume 87233, Page 2925, Map Records, Dallas County, Texas;
THENCE North 87 degrees 16 minutes 46 seconds East, along the South line of said
M.P. McDONALD’S ADDITION, a distance of 199.96 feet to an X set in concrete in
said West right-of-way line of said Denton Tap Road;
THENCE South 02 degrees 40 minutes 21 seconds East, along said West right-of-way
line, a distance of 97.55 feet to a 1/2 inch iron rod with a yellow plastic cap stamped
“DAA” set at the most Easterly Northeast corner of a tract of land described as Tract A in
Deed to KFC National Company, recorded in Volume 89121, Page 2082, Deed Records,
Dallas County, Texas;
THENCE along the line of said KFC National Company tract, the following seven (7)
courses and distances:
South 87 degrees 19 minutes 40 seconds West, a distance of 60.00 feet to a 1/2 inch
iron rod with a yellow plastic cap stamped “DAA” set for corner;
North 02 degrees 40 minutes 20 seconds West, a distance of 12.68 feet to a 1/2 inch
iron rod with a yellow plastic cap stamped “DAA” set for corner;
South 87 degrees 19 minutes 40 seconds West, a distance of 63.33 feet to a 1/2 inch
iron rod with a yellow plastic cap stamped “DAA” set for corner;
South 42 degrees 19 minutes 40 seconds West, a distance of 121.88 feet to a 1/2 inch
iron rod with a yellow plastic cap stamped “DAA” set for corner;
South 32 degrees 39 minutes 58 seconds East, a distance of 61.03 feet to a 1/2 inch
iron rod with a yellow plastic cap stamped “DAA” set for corner;
South 02 degrees 40 minutes 20 seconds East, a distance of 37.13 feet to a 1/2 inch
iron rod with a yellow plastic cap stamped “DAA” set for corner;
North 87 degrees 19 minutes 40 seconds East, a distance of 178.98 feet to an X set in
concrete in said West right-of-way line of Denton Tap Road at the Southeast corner
of said KFC National Company tract;
THENCE along said West right-of-way line, the following three (3) courses and
distances:
South 02 degrees 37 minutes 34 seconds East, a distance of 181.66 feet to a 1/2 inch
iron rod with a yellow plastic cap stamped “DAA” set for corner at the beginning of
a non-tangent curve to the right having a central angle of 02 degrees 14 minutes 55
seconds, a radius of 5,668.85 feet and a chord bearing and distance of South 01
degrees 38 minutes 43 seconds East, 222.46 feet;
Southerly, along said curve to the right, an arc distance of 222.48 feet to a 1/2 inch
iron rod with a yellow plastic cap stamped “DAA” set for corner;
South 00 degrees 31 minutes 15 seconds East, a distance of 202.73 feet to the
POINT OF BEGINNING and containing 25.422 acres of land, more or less.
LEGAL DESCRIPTION
TRACT B
3.633 ACRES
BEING a tract of land located in the EDWARD A. CROW SURVEY, ABSTRACT NO.
301, City of Coppell, Dallas County, Texas and being a part of a tract of land described in
Deed to Horace Thompson Ardinger, Jr., recorded in Volume 95064, Page 4717 and
being more particularly described as follows:
COMMENCING at a 1/2 inch iron rod found at the intersection of the West right-of-
way line of Denton Tap Road, a 120 foot right-of-way, with the South line of said
Ardinger tract recorded in Volume 95064, Page 4717;
THENCE South 88 degrees 50 minutes 25 seconds West, along the South line of said
Ardinger tract, a distance of 535.74 feet to a 1/2 inch iron rod with a yellow plastic cap
stamped “DAA” set for the POINT OF BEGINNING of the tract of land herein
described;
THENCE South 88 degrees 50 minutes 25 seconds West, continuing along the South
line of said Ardinger tract, a distance of 708.16 feet to a 1/2 inch iron rod with a yellow
plastic cap stamped “DAA” set at the Southwest corner of said Ardinger tract and the
Southeast corner of WHISPERING HILLS Addition, an Addition to the City of Coppell,
according to the Plat thereof recorded in Volume 80016, Page 1736, Map Records, Dallas
County, Texas, and the Northeast corner of SHADOW RIDGE ESTATES, an Addition
to the City of Coppell, according to the Plat thereof recorded in Volume 84110, Page
6743, Map Records, Dallas County, Texas;
THENCE North 00 degrees 26 minutes 54 seconds West, along the common line of said
Ardinger tract and said WHISPERING HILLS Addition, a distance of 455.37 feet to a
1/2 inch iron rod with a yellow plastic cap stamped “DAA” set at the most Southerly
Northwest corner of a tract of land described as Tract 2 in Deed to Lone Star Gas
Company, recorded in Volume 5493, Page 9, Deed Records, Dallas County, Texas;
THENCE South 56 degrees 05 minutes 33 seconds East, along the Southwesterly line of
said Tract 2, a distance of 192.49 feet to a 1/2 inch iron rod with a yellow plastic cap
stamped “DAA” set for corner;
THENCE South 58 degrees 50 minutes 33 seconds East, continuing along said
Southwesterly line, a distance of 644.85 feet to the POINT OF BEGINNING and
containing 3.633 acres of land, more or less.
ENGINEER/PLANNER25' and 30' STREET ACCESS ELEVATION(2-STORY TOWNHOUSE)BRICKBRICKCULTURED STONECULTURED STONETOP OF PLATETOP OF PLATEBRICK ACCENTS BRICK ACCENTSARCHITECTURALCOMP. SHINGLEARCHITECTURALCOMP. SHINGLENOTE:THE EXTERIOR FRONT, SIDE AND REAR ELEVATIONSSHALL BE 80% MASONRY (EXCLUDING DOORS AND WINDOWS)TEXTUREDGARAGE DOORTEXTUREDGARAGE DOORBALCONYBALCONY
ENGINEER/PLANNER30' ALLEY ACCESS ELEVATION(COMBINATION 1 and 2-STORY TOWNHOUSE)BRICKBRICKCULTURED STONECULTURED STONETOP OF PLATETOP OF PLATEBRICK ACCENTS BRICK ACCENTSARCHITECTURALCOMP. SHINGLEARCHITECTURALCOMP. SHINGLENOTE:THE EXTERIOR FRONT, SIDE AND REAR ELEVATIONSSHALL BE 80% MASONRY (EXCLUDING DOORS AND WINDOWS)
ENGINEER/PLANNER
30' ALLEY ACCESS ELEVATION
(COMBINATION 1 and 2-STORY TOWNHOUSE)
NOTE:
THE EXTERIOR FRONT, SIDE AND REAR ELEVATIONS
SHALL BE 80% MASONRY (EXCLUDING DOORS
AND WINDOWS)
25' and 30' STREET ACCESS ELEVATION
(2-STORY TOWNHOUSE)
FLEX
BDRM.
BDRM.
BDRM.BDRM.
BDRM.
BDRM.
BDRM.
FLEX
MASTER
BDRM.
FLEX
MASTER
BDRM.
MASTER
BDRM.
MASTER
BDRM.
BDRM.DINING
DINING
DINING
KITCHEN KITCHEN
KITCHEN
KITCHEN
DINING
FAMILY
FAMILY
FAMILY
GARAGE GARAGE GARAGE GARAGE
FAMILY
LIVING
25' and 30' STREET ACCESS ELEVATION
(2-STORY TOWNHOUSE)
FIRST FLOOR PLAN
SECOND FLOOR PLAN
PROPOSED 20'PROPOSED 20'ACCESS & UTILITYACCESS & UTILITYEASEMENT RESERVATIONEASEMENT RESERVATIONSTREET G REMOVABLEDECORATIVE BOLLARDSREMOVABLEDECORATIVE BOLLARDSREMOVABLEDECORATIVE BOLLARDSREMOVABLEDECORATIVE BOLLARDSNOT TO SCALETEALWOOD DRIVE
12' TRAIL12' TRAIL8' FIRE TRUCK8' FIRE TRUCK8'-6" 8'-6" 16' HORIZONTAL CLEAR ZONE OF TREES16' HORIZONTAL CLEAR ZONE OF TREES3' LADDER 3' LADDER2.5'SAFETY ZONE 2.5'SAFETY ZONE **
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ ȱ
Engineering
October 10, 2006
14
✔
CONTRACT/BID or PROPOSAL
Consider approval of awarding Bid/Contract # Q-0806-01 to Tiseo Paving Company for the construction of the Bethel
Road I project, from Freeport Parkway to the west city limit line, in an amount of $7,293,659, as provided for in CIP
funds; and authorizing the City Manager to sign.
Approval of this contract will allow the reconstruction of Bethel Road to begin in early 2007.
Staff will be available to answer any questions at the council meeting.
Funds are available in the Street CIP accounts for this contract.
Staff recommends approval of this contract for the construction of
Bethel Road I.
#Bethel Road Bid
MEMORANDUM
TO:Mayor and City Council
FROM:Kenneth M. Griffin, P.E., Director of Engineering and Public Works
DATE:October 10, 2006
REF: Consider approval of awarding Bid/Contract # Q-0806-01 to Tiseo Paving
Company for the construction of the Bethel Road I project, from Freeport
Parkway to the west city limit line, in an amount of $ 7,293,659, as provided for
in CIP funds; and authorizing the City Manager to sign.
On September 7, 2006 the City of Coppell received and opened five bids for the reconstruction
of Bethel Road I, from Freeport Parkway in the City of Coppell up to S.H. 121 in the City of
Grapevine. Council may recall that in February 2006, City Council approved an interlocal
agreement between the City of Coppell and the City of Grapevine to provide for the joint bidding
of Bethel Road in the City of Coppell and Bass Pro Drive in the City of Grapevine. The total
limit of the entire project in both cities is from Freeport Parkway in Coppell to S.H. 121 in
Grapevine.
The specifications for the project were set up so that all work associated with Bethel Road, from
Freeport Parkway to the west city limits of the City of Coppell, was contained in one bid
tabulation and that all work pertaining to the City of Grapevine, from the east city limit line of
Grapevine up to S.H. 121, was contained in a different bid tabulation.
On the enclosed bid tabulation all work associated with the City of Coppell is contained on pages
1-5 and all bid items that pertain to the City of Coppell either end in a 'CA' or a 'CB'. All items
associated with the City of Grapevine are contained on pages 6-10 and all bid items that pertain
to the City of Grapevine end in 'G'.
The agenda item this evening is strictly for the award of Bethel Road within the City of Coppell,
from Freeport Parkway to our west city limit line. The City of Grapevine will in the very near
future be awarding their section of Bethel Road to the low bidder on the project.
Because of the interlocal agreement with the City of Grapevine, the low bidder on the project is
determined by the overall low bid for both the Coppell section and the Grapevine section. We
were fortunate in the fact that the low bidder for the overall project was also the low bidder for
each section of the project. The five overall bids received ranged from $9,432,157.85 up to
$11,525,946.85, and the low bidder on the project was Tiseo Paving Company. Tiseo has been
the low bidder on several recent projects awarded by the City of Coppell, most notably, East
Sandy Lake Road and West Sandy Lake Road.
For the bids within the City of Coppell, the total amount ranged from $7,293,659 up to
$8,886,008.50. The engineer's estimate for the Coppell portion on the project was 8.3 million.
The total days bid for completion of the project range from 570 up to 746. As previously stated,
the low overall bidder was also the low bidder for each component and in addition to that the low
bidder also submitted the lowest number of calendar days for the completion of the project.
Bethel Road today exists as a 2-lane asphalt roadway that is experiencing rapid development
along the north side. The proposed reconstruction will provide for a 4-lane divided boulevard
with much-needed traffic signals at Bethel and Royal and Bethel and Freeport.
There are still some ongoing utility relocations taking place along Bethel Road. Most notably we
continue to work with TXU to provide for some underground crossings at Freeport Parkway and
Bethel Road as authorized by City Council in February 2006.
Because of the time typically associated with getting contracts signed and bonds submitted and
with some of the ongoing utility relocations, it is anticipated that the contractor will not mobilize
and start on this project until after the first of the year.
Staff recommends the award of the City of Coppell section of Bethel Road, from Freeport
Parkway to our west city limit line to Tiseo Paving Company in the amount of $7,293,659, with
570 calendar days. Staff will be available to answer any questions at the council meeting.
BASE BID TABULATION: Bethel Road / Bass Pro Project ST 99-05 Bid No. Q 0806-01 Page 1 of 10BETHEL ROAD SECTIONItem Quantity Unit DescriptionTiseo PavingTexas Sterling Mario Sinacola Jackson AUIUnit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price I-1-CA 1 LS Mobilization174,000.00 174,000.00709,000.00 709,000.00 377,000.00 377,000.00 385,000.00 385,000.00 444,000.00 444,000.00 I-2-CA 0.80 LS Right-of-way Preparation167,000.00 133,600.0025,000.00 100,000.00 600.00 480,000.00 376,000.00 300,800.00 53,000.00 42,400.00 I-3-CA 29,652 CY Roadway Excavation8.00 237,216.008.50 252,042.00 5.50 163,086.00 7.00 207,564.00 17.50 518,910.00 I-4-CA 1,395 CY Borrow and Embankment14.30 19,948.504.00 5,580.00 4.30 5,998.50 5.50 7,672.50 28.00 39,060.00 I-5-CA 652 LF Saw Cut Concrete & Asphalt4.15 2,705.804.00 2,608.00 15.00 9,780.00 5.00 3,260.00 4.50 2,934.00 I-6-CA 6,190 SY Rem & Dispose of Concrete Pvmt6.60 40,854.006.00 37,140.00 7.00 43,330.00 8.00 49,520.00 9.75 60,352.50 I-7-CA 17,045 SY Rem & Dispose of Asphalt Pvmt7.15 121,871.754.00 68,180.00 3.00 51,135.00 3.00 51,135.00 2.75 46,873.75 I-8-G 1 LS Tree RemovalN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-9-CA 44,449 SY 9" concrete Pvmt w/6" Monolithic Curb29.00 1,289,021.0042.00 1,866,858.00 43.50 1,933,531.50 38.00 1,689,062.00 37.25 1,655,725.25 I-10-CA 920 TON Lime @ 42#/SY105.00 96,600.00100.00 92,000.00 92.00 84,640.00 110.00 101,200.00 109.00 100,280.00 I-11-CA 45,970 SY 8" Stabilized Subgrade2.95 135,611.502.00 91,940.00 2.00 91,940.00 3.00 137,910.00 2.30 105,731.00 I-12-CA 1,133 SY Asphalt Transitions46.15 52,287.9530.00 33,990.00 30.00 33,990.00 40.00 45,320.00 66.00 74,778.00 I-13-CA 1,400 SY 5" Reinforced concrete Sidewalk36.00 50,400.0055.00 77,000.00 33.00 46,200.00 35.00 49,000.00 37.25 52,150.00 I-14-CA 122 SY 4" Reinforced Concrete Sidewalk35.00 4,270.0053.00 6,466.00 30.00 3,660.00 30.00 3,660.00 35.00 4,270.00 I-15-CA 1,455 SY 6" Concrete Drive46.75 68,021.2551.00 74,205.00 35.00 50,925.00 45.00 65,475.00 39.00 56,745.00 I-16-CA 21 EA Median Nose1,200.00 25,200.001,000.00 21,000.00 800.00 16,800.00 2,000.00 42,000.00 680.00 14,280.00 I-17-CA 1,940 LF Cement Treated Base105.85 205,349.0015.00 29,100.00 98.00 190,120.00 120.00 232,800.00 105.00 203,700.00 I-18-CA 5 EA Barrier Free Ramps800.00 4,000.00800.00 4,000.00 900.00 4,500.00 1,000.00 5,000.00 1,300.00 6,500.00 I-19-CA 0.80 LS Rem Fence (DFW Property)5,000.00 4,000.0025,000.00 20,000.00 12,000.00 9,600.00 6,000.00 4,800.00 8,700.00 6,960.00 I-20-CA 0.80 LS Rep Fence (DFW Property)90,175.00 72,140.0030,000.00 24,000.00 60,000.00 48,000.00 110,000.00 88,000.00 41,000.00 32,800.00 I-21-CA 1,700 SY Stamped Concrete83.00 141,100.0060.00 102,000.00 65.00 110,500.00 65.00 110,500.00 110.00 187,000.00 I-22-CA 250 SY Rep Brick Pavers w/Stamped Concrete89.00 22,250.0060.00 15,000.00 70.00 17,500.00 70.00 17,500.00 107.00 26,750.00 I-23-CA 1,369 EA 4" Round & White Acylic Buttons6.75 9,240.753.00 4,107.00 3.00 4,107.00 6.00 8,214.00 6.00 8,214.00I-24-CA0.80 LS Reflective Pvmt Markings26,500.00 21,200.0010,000.00 8,000.00 10,500.00 8,400.00 13,000.00 10,400.00 14,000.00 11,200.00 I-25-CA 16 EA Road sign Supports & Assemblies425.00 6,800.00700.00 11,200.00 350.00 5,600.00 350.00 5,600.00 975.00 15,600.00
BASE BID TABULATION: Bethel Road / Bass Pro Project ST 99-05 Bid No. Q 0806-01 Page 2 of 10BETHEL ROAD SECTIONItem Quantity Unit DescriptionTiseo PavingTexas Sterling Mario Sinacola Jackson AUIUnit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price I-26-CA 4 EA Road Sign Supports & Assemblies400.00 1,600.00600.00 2,400.00 315.00 1,260.00 350.00 1,400.00 575.00 2,300.00 I-27-CA 45 EA Street Light Foundation725.00 32,625.00600.00 27,000.00 700.00 31,500.00 700.00 31,500.00 740.00 33,300.00 I-28-CA 6,900 LF 2" Conduit Sleeves & Pull Boxes4.75 32,775.006.00 41,400.00 4.50 31,050.00 4.50 31,050.00 4.75 32,775.00 I-29-CA 1 LS Rem & Repl Exist Street Light Assembly3,500.00 3,500.001,500.00 1,500.00 3,300.00 3,300.00 3,200.00 3,200.00 3,600.00 3,600.00 I-30-CA 250 LF Pedestrian Handrails87.50 21,875.0040.00 10,000.00 81.00 20,250.00 70.00 17,500.00 85.00 21,250.00 I-31-G N/A LF 54" RCP Class IIIN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-32-CA 51 LF 36" RCP Class III89.75 4,577.25125.00 6,375.00 100.00 5,100.00 65.00 3,315.00 175.00 8,925.00 I-33-CA 381 LF 33" RCP Class III79.00 30,099.00100.00 38,100.00 90.00 34,290.00 60.00 22,860.00 140.00 53,340.00 I-34-CA 868 LF 30" RCP Class III68.00 59,024.0080.00 69,440.00 75.00 65,100.00 55.00 47,740.00 105.00 91,140.00 I-35-CA 818 LF 27" RCP Class III63.75 52,147.5070.00 57,260.00 66.00 53,988.00 50.00 40,900.00 80.00 65,440.00 I-36-CA 788 LF 24" RCP Class III61.75 48,659.0050.00 39,400.00 57.00 44,916.00 45.00 35,460.00 85.00 66,980.00 I-37-CA 911 LF 21" RCP Class III60.50 55,115.5050.00 45,550.00 50.00 45,550.00 40.00 36,440.00 80.00 72,880.00 I-38-CA 813 LF 18" RCP Class III56.25 45,731.2560.00 48,780.00 42.00 34,146.00 39.00 31,707.00 85.00 69,105.00 I-39-CA 3 EA 6' Recessed Curb Inlet2,500.00 7,500.003,000.00 9,000.00 2,200.00 6,600.00 2,500.00 7,500.00 2,500.00 7,500.00 I-40-CA 1 EA 8' Recessed Curb Inlet3,000.00 3,000.003,300.00 3,300.00 2,300.00 2,300.00 3,000.00 3,000.00 2,650.00 2,650.00 I-41-CA 13 EA 10' Recessed Curb Inlet3,000.00 39,000.003,400.00 44,200.00 2,500.00 32,500.00 3,200.00 41,600.00 3,100.00 40,300.00 I-42-CA 3 EA 12' Recessed Curb Inlet3,300.00 9,900.003,700.00 11,100.00 2,800.00 8,400.00 4,000.00 12,000.00 3,400.00 10,200.00 I-43-CA 2 EA 14' Recessed Curb Inlet3,700.00 7,400.003,900.00 7,800.00 3,200.00 6,400.00 4,500.00 9,000.00 4,000.00 8,000.00 I-44-G N/A EA 15' Recessed Curb InletN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I- 45-G N/A EA 20' Recessed Curb InletN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-46-CA 2 EA 10' Modified Recessed Curb Inlet2,900.00 5,800.003,400.00 6,800.00 2,900.00 5,800.00 4,200.00 8,400.00 3,000.00 6,000.00 I-47-CA 2 EA 15' TxDOT Curb Inlet at Bethel5,300.00 10,600.006,300.00 12,600.00 4,200.00 8,400.00 5,000.00 10,000.00 5,500.00 11,000.00 I-48-G N/A EA 4' Drop InletN/A N/AN/A N/AN/A N/AN/A N/AN/A N/AI-49-GN/A EA 4' X 4' ManholeN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-50-CA 1,950 LF Cast In Place Multiple Box Culverts976.50 1,904,175.001,135.00 2,213,250.00 940.00 1,833,000.00 1,000.00 1,950,000.00 1,040.00 2,028,000.00
BASE BID TABULATION: Bethel Road / Bass Pro Project ST 99-05 Bid No. Q 0806-01 Page 3 of 10BETHEL ROAD SECTIONItem Quantity Unit DescriptionTiseo PavingTexas Sterling Mario Sinacola Jackson AUIUnit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price I-51-CB 70 LF Cast In Place Multiple Box Culverts1,325.00 92,750.002,000.00 140,000.00 1,210.00 84,700.00 3,000.00 210,000.00 2,000.00 140,000.00 I-52-CA 1 LS Wing Wall Modi. @ Bethel Rd.10,000.00 10,000.009,000.00 9,000.00 18,500.00 18,500.00 12,000.00 12,000.00 22,000.00 22,000.00 I-53-CB 2 EA Non Skewed Parallel Wingwall27,000.00 54,000.0011,000.00 22,000.00 9,000.00 18,000.00 15,000.00 30,000.00 12,500.00 25,000.00 I-54-CA 1 LS Rem Portions of Box Culvert Headwall130,000.00 130,000.0011,000.00 11,000.00 79,000.00 79,000.00 70,000.00 70,000.00 83,000.00 83,000.00 I-55-CB 1 LS Rem & Dis of Existing Box Culvert & WW5,000.00 5,000.007,800.00 7,800.00 4,500.00 4,500.00 15,000.00 15,000.00 15,000.00 15,000.00 I-56-CB 1 LS Tie Exist 42" Outfall /Gabion Structure3,000.00 3,000.001,500.00 1,500.00 800.00 800.00 4,000.00 4,000.00 3,500.00 3,500.00 I-57-CB 2 LS Tie Eixst 36" Outfall / Gabion Structure6,000.00 12,000.001,500.00 3,000.00 800.00 1,600.00 3,900.00 7,800.00 3,200.00 6,400.00 I-58-CB 1 LS Tie Exist Flume /Gabion Structure5,000.00 5,000.003,000.00 3,000.00 350.00 350.00 2,500.00 2,500.00 840.00 840.00 I-59-CB 1 LS Tie 48" Storm Pipe under DW on Loch Ln3,025.00 3,025.002,500.00 2,500.00 3,750.00 3,750.00 800.00 800.00 2,700.00 2,700.00 I-60-G N/A LF Rem Exist 54" RCP /Enchanted WayN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-61-G N/A LS Rem 27' of Existing Box Culvert/Bass ProN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-62-G N/A LF Rem 12" DW CulvertsN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-63-G N/A LF Rem 18" RCP Storm DrainN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-64-G N/A EA Rem Small Drainage StructureN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-65-CB 960 CY 1.5' x 3' PVC Coated Gabion Structures195.00 187,200.00200.00 192,000.00 190.00 182,400.00 310.00 297,600.00 200.00 192,000.00 I-66-CB 480 CY 3' x 3' PVC Coated Gabion Structures165.00 79,200.00175.00 84,000.00 158.00 75,840.00 310.00 148,800.00 170.00 81,600.00 I-67-CB 80 CY 1' Gabion Mattress Structure195.50 15,640.00200.00 16,000.00 190.00 15,200.00 310.00 24,800.00 200.00 16,000.00 I-68-CA 647 LF 8" PVC SS Line Open Cut63.75 41,246.2550.00 32,350.00 60.00 38,820.00 50.00 32,350.00 100.00 64,700.00 I-69-CA 3 EA 5" Dia SS Manhole7,500.00 22,500.003,600.00 10,800.00 6,100.00 18,300.00 6,000.00 18,000.00 6,800.00 20,400.00 I-70-CA 1 EA 4" Dia SS Manhole4,200.00 4,200.003,300.00 3,300.00 4,000.00 4,000.00 2,500.00 2,500.00 5,000.00 5,000.00 I-71-CA 1 LS 6" PVC SS Line Stubout600.00 600.00650.00 650.00 1,000.00 1,000.00 500.00 500.00 2,200.00 2,200.00 I-72-CA 10 EA Adjust SS Manhole Rims400.00 4,000.00450.00 4,500.00 750.00 7,500.00 1,200.00 12,000.00 800.00 8,000.00 I-73-CA 1 LS Adjust/Relocate SS Clean-Outs600.00 600.003,000.00 3,000.00 1,500.00 1,500.00 200.00 200.00 7,000.00 7,000.00I-74-CB 68 LF Adj Exist 12" SS Main350.00 23,800.00150.00 10,200.00 430.00 29,240.00 350.00 23,800.00 790.00 53,720.00 I-75-CA 1,075 LF 16" PVC WL Open Cut80.00 86,000.0075.00 80,625.00 73.00 78,475.00 80.00 86,000.00 120.00 129,000.00
BASE BID TABULATION: Bethel Road / Bass Pro Project ST 99-05 Bid No. Q 0806-01 Page 4 of 10BETHEL ROAD SECTIONItem Quantity Unit DescriptionTiseo PavingTexas Sterling Mario Sinacola Jackson AUIUnit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price I-76-CA N/A LF 6" PVC WL Open CutN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-77-CA 90 LF 12" PVC WL Open Cut92.00 8,280.00100.00 9,000.00 80.00 7,200.00 100.00 9,000.00 145.00 13,050.00 I-78-CA 77 LF 8" PVC WL Open Cut55.25 4,254.2550.00 3,850.00 73.00 5,621.00 95.00 7,315.00 100.00 7,700.00 I-79-CA 4 EA Fire Hydrant Assemblies/New WL4,250.00 17,000.003,500.00 14,000.00 4,800.00 19,200.00 3,800.00 15,200.00 6,500.00 26,000.00 I-80-CA 12 EA Fire Hydrant Assemblies/Exist WL3,250.00 39,000.003,300.00 39,600.00 6,800.00 81,600.00 3,500.00 42,000.00 6,600.00 79,200.00 I-81-CA 4 EA Fire Hydrant Assemblies/Exist WL6,500.00 26,000.005,000.00 20,000.00 10,000.00 40,000.00 7,500.00 30,000.00 13,400.00 53,600.00 I-82-G N/A EA Relocate FH AssembliesN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-83-CA 2 EA 16" Gate Valve11,000.00 22,000.007,800.00 15,600.00 10,000.00 20,000.00 11,000.00 22,000.00 23,200.00 46,400.00 I-84-CA 1 EA 12" Gate Vale2,100.00 2,100.001,500.00 1,500.00 1,500.00 1,500.00 2,000.00 2,000.00 3,500.00 3,500.00 I-85-CA 1 EA 8" Gate Valve1,200.00 1,200.00800.00 800.00 850.00 850.00 1,000.00 1,000.00 1,800.00 1,800.00 I-86-CA 1 EA Connect to Exist 16" WL1,500.00 1,500.003,000.00 3,000.00 3,000.00 3,000.00 4,000.00 4,000.00 2,900.00 2,900.00 I-87-CA 1 LS Type 2 Air Rel Valve5,300.00 5,300.008,500.00 8,500.00 5,800.00 5,800.00 10,000.00 10.,000.00 14,000.00 14,000.00 I-88-CA 23 EA Adjust Water Valve Boxes400.00 9,200.00250.00 5,750.00 500.00 11,500.00 200.00 4,600.00 550.00 12,650.00 I-89-G N/A EA Adjust Water Meter & BoxN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-90-CA 3 EA Abandon/Rem Water Valve Boxes875.00 2,625.00650.00 1,950.00 950.00 2,850.00 1,400.00 4,200.00 800.00 2,400.00 I-91-CA 1 LS Domestic SL Adj & Meter Relocate4,500.00 4,500.002,500.00 2,500.00 9,500.00 9,500.00 9,500.00 9,500.00 20,000.00 20,000.00 I-92-CA 1 LS Rep, Rep/Modify Irri. Sys6,000.00 6,000.0023,000.00 23,000.00 15,750.00 15,750.00 25,000.00 25,000.00 8,600.00 8,600.00 I-93-CA 1 LS 16" Water Main Lowering / 5'9,200.00 9,200.0010,000.00 10,000.00 15,000.00 15,000.00 25,000.00 25,000.00 18,000.00 18,000.00 I-94-CB 1 LS 16" Water Main Lowering / 6'9,500.00 9,500.0010,000.00 10,000.00 15,000.00 15,000.00 28,000.00 28,000.00 22,800.00 22,800.00 I -95-CA 10 EA 16" Water Main Lowering / Drainage Lat7,000.00 70,000.005,000.00 50,000.00 8,500.00 85,000.00 11,000.00 110,000.00 14,500.00 145,000.00 I-96-CA 1 EA 10" Water Main Lowering / 5' Culverts5,000.00 5,000.006,500.00 6,500.00 10,000.00 10,000.00 10,000.00 10,000.00 16,000.00 16,000.00 I-97-CA 5 EA 8" Water Main Lower @ Drainage Lat2,900.00 14,500.002,500.00 12,500.00 6,000.00 30,000.00 8,500.00 42,500.00 7,950.00 39,750.00 I-98-CA 7 EA 6" FH Stub Out Water Line Lowering1,350.00 9,450.001,200.00 8,400.00 4,300.00 30,100.00 2,500.00 17,500.00 7,800.00 54,600.00I-99-CA1 LS Backflow Prev Vault / Water Meter22,000.00 22,000.0030,000.00 30,000.00 23,000.00 23,000.00 30,000.00 30,000.00 35,000.00 35,000.00 I-100-CA 0.80 LS Erosion Control40,500.00 32,400.0030,000.00 24,000.00 45,000.00 36,000.00 60,000.00 48,000.00 65,000.00 52,000.00
BASE BID TABULATION: Bethel Road / Bass Pro Project ST 99-05 Bid No. Q 0806-01 Page 5 of 10BETHEL ROAD SECTIONItem Quantity Unit DescriptionTiseo PavingTexas Sterling Mario Sinacola Jackson AUIUnit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price I-101-CA 0.80 LS Traffic Control151,000.00 120,800.00250,000.00 200,000.00 140,000.00 112,000.00 310,000.00 248,000.00 200,000.00 160,000.00 I-102-CA 1 LS City Entrance/Monument Sign40,000.00 40,000.0015,000.00 15,000.00 28,000.00 28,000.00 30,000.00 30,000.00 41,000.00 41,000.00 I-103-CA 0.80 LS Restore Pkwy & Dist Areas7,800.00 6,240.0042,000.00 33,600.00 15,000.00 12,000.00 125,000.00 100,000.00 88,000.00 70,400.00 I-104-CA 8,250 LF Trench Safety1.75 14,437.501.00 8,250.00 2.00 16,500.00 1.00 8,250.00 2.00 16,500.00 I-105-CA 2 EA Project Signs550.00 1,100.00900.00 1,800.00 1,200.00 2,400.00 500.00 1,000.00 550.00 1,100.00 I-106-CA 0.80 LS Field Office156,400.00 125,120.0050,000.00 40,000.00 90,000.00 72,000.00 84,000.00 67,200.00 100,000.00 80,000.00 I-107-CA 1 LS Landscaping / Irrigation156,500.00 156,500.00130,000.00 130,000.00 180,000.00 180,000.00 185,000.00 185,000.00 185,000.00 185,000.00 I-108-CA 1 EA Service Tap / wet3,900.00 3,900.002,500.00 2,500.00 3,500.00 3,500.00 5,500.00 5,500.00 6,300.00 6,300.00 I-109-CA 1 EA Service Tap / dry3,500.00 3,500.002.500.00 2,500.00 3,000.00 3,000.00 3,700.00 3,700.00 6,400.00 6,400.00 I-110-CA 1 LS Traffic Signal / Royal @ Bethel150,000.00 150,000.00150,000.00 150,000.00 145,000.00 145,000.00 180,000.00 180,000.00 157,000.00 157,000.00 I-111-CA 1 LS Traffic Signal /Freeport @ Bethel164,000.00 164,000.00150,000.00 150,000.00 160,000.00 160,000.00 200,000.00 200,000.00 172,000.00 172,000.00 I-112-G N/A LS Bridge @ Cottonwood CreekN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-113-CB 1 LS NWP 39 Mitigation Plan18,000.00 18,000.0013,000.00 13,000.00 20,000.00 20,000.00 17,000.00 17,000.00 14,000.00 14,000.00 I-114-CB 5,100 CY Channel Excavation15.00 76,500.0010.00 51,000.00 9.00 45,900.00 11.00 56,100.00 14.00 71,400.00I-115-G N/A LF 4" PVC Sch 40 for IrrigationN/A N/AN/A N/AN/A N/AN/A N/AN/A N/ABASE BID I-1-CA THRU I-111-CA$6,727,044.00$8,032,561.00 $7,519,159.00 $7,696,979.50 $8,241,048.50SUPPLEMENTAL BID I-51-CB THRU I-114-CB$566,615.00$53,035.00 $477,280.00 $866,200.00 $644,960.00Calendar Days570730 730 560 660TOTALS $7,293,659.00$8,085,996.00 $7,996,439.00 $8,563,179.50 $8,886,008.50
BASE BID TABULATION: Bethel Road / Bass Pro Project ST 99-05 Bid No. Q 0806-01 Page 6 of 10BASS PRO DRIVE SECTIONItem Quantity Unit DescriptionTiseo PavingTexas Sterling Mario Sinacola Jackson AUIUnit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price I-1-G 1 LS Mobilization43,500.00 43,500.0067,000.00200,000.00 200,000.00 103,000.00 103,000.00 108,000.00 108,000.00 131,000.00 131,000.00 I-2-G 0.20 LS Right-of-way Preparation167,000.00 33,400.00125,000.00 25,000.00 600,000.00 120,000.00 600,000.00 120,000.00 53,000.00 10,600.00 I-3-G 3,234 CY Roadway Excavation8.00 25,872.008.50 27,489.00 5.50 17,787.00 6.00 19,404.00 17.50 56,595.00 I-4-G 22,480 CY Borrow and Embankment14.30 321,464.004.00 89,920.00 4.30 96,664.00 5.00 112,400.00 28.00 629,440.00 I-5-G 179 LF Saw Cut Concrete & Asphalt4.15 742.854.00 716.00 15.00 2,685.00 5.00 895.00 4.50 805.50 I-6-G 1,346 SY Rem & Dispose of Concrete Pvmt6.60 8,883.606.00 8,076.00 7.00 9,422.00 8.00 10,768.00 4.75 13,123.50 I-7-G 5,400 SY Rem & Dispose of Asphalt Pvmt7.15 38,610.004.00 21,600.00 3.00 16,200.00 3.00 16,200.00 2.75 14,850.00 I-8-G 1 LS Tree Removal45,500.00 45,500.001,000.00 1,000.00 50,000.00 50,000.00 15,000.00 15,000.00 17,500.00 17,500.00 I-9-G 9,075 SY 9" concrete Pvmt w/6" Monolithic Curb29.00 263,175.0042.00 381,150.00 43.50 394,762.50 39.00 353,925.00 37.25 338,043.75 I-10-G 215 TON Lime @ 42#/SY105.00 22,575.00100.00 21,500.00 92.00 19,780.00 110.00 23,650.00 109.00 23,435.00 I-11-G 10,842 SY 8" Stabilized Subgrade2.95 31,983.902.00 21,684.00 2.00 21,684.00 3.00 32,526.00 2.30 24,936.60 I-12-G N/A SY Asphalt TransitionsN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-13-G N/A SY 5" Reinforced concrete SidewalkN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-14-G 546 SY 4" Reinforced Concrete Sidewalk35.00 19,110.0053.00 28,938.00 30.00 16,380.00 35.00 19,110.00 35.00 19,110.00 I-15-G 358 SY 6" Concrete Drive46.75 16,736.5051.00 18,258.00 35.00 12,530.00 40.00 14,320..00 39.00 13,962.00 I-16-G 2 EA Median Nose1,200.00 2,400.001,000.00 2,000.00 800.00 1,600.00 2,000.00 4,000.00 680.00 1,360.00 I-17-CA N/A LF Cement Treated BaseN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-18-G 8 EA Barrier Free Ramps1,200.00 9,600.00800.00 6,400.00 900.00 7,200.00 1,000.00 8,000.00 1,300.00 10,400.00 I-19-G 0.20 LS Rem Fence (DFW Property)5,000.00 1,000.0025,000.00 5,000.00 12,000.00 2,400.00 31,000.00 6,200.00 8,700.00 1,740.00 I-20-G 0.20 LS Rep Fence (DFW Property)90,175.00 18,035.0030,000.00 6,000.00 60,000.00 12,000.00 472,000.00 94,400.00 41,000.00 8,200.00 I-21-CA N/A SY Stamped ConcreteN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-22-CA N/A SY Rep Brick Pavers w/Stamped ConcreteN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-23-CA N/A EA 4" Round & White Acylic ButtonsN/A N/AN/A N/AN/A N/AN/A N/AN/A N/AI-24-G0.20 LS Reflective Pvmt Markings26,500.00 5,300.0010,000.00 2,000.00 10,500.00 2,100.00 95,000.00 19,000.00 14,000.00 2,800.00 I-25-G N/A EA Road sign Supports & AssembliesN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A
BASE BID TABULATION: Bethel Road / Bass Pro Project ST 99-05 Bid No. Q 0806-01 Page 7 of 10BASS PRO DRIVE SECTIONItem Quantity Unit DescriptionTiseo PavingTexas Sterling Mario Sinacola Jackson AUIUnit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price I-26-G N/A EA Road Sign Supports & AssembliesN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-27-CA N/A EA Street Light FoundationN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-28-G 300 LF 2" Conduit Sleeves & Pull Boxes4.75 1,425.006.00 1,800.00 4.50 1,350.00 20.00 6,000.00 4.75 1,425.00 I-29-CA N/A LS Rem & Repl Exist Street Light AssemblyN/A N/AN/A N/AN/A N/AN./A N/AN/A N/A I-30-CA N/A LF Pedestrian HandrailsN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-31-G 197 LF 54" RCP Class III165.00 32,505.00200.00 39,400.00 185.00 36,445.00 170.00 33,490.00 250.00 49,250.00 I-32-CA N/A LF 36" RCP Class IIIN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-33-CA N/A LF 33" RCP Class IIIN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-34-G 364 LF 30" RCP Class III68.00 24,752.0080.00 29,120.00 75.00 27,300.00 60.00 21,840.00 105.00 38,220.00 I-35-G 716 LF 27" RCP Class III63.75 45,645.0070.00 50,120.00 66.00 47,256.00 55.00 39,380.00 92.00 65,872.00 I-36-CA N/A LF 24" RCP Class IIIN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-37-CA N/A LF 21" RCP Class IIIN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-38-G 738 LF 18" RCP Class III56.25 41,512.5060.00 44,280.00 42.00 30,996.00 50.00 36,900.00 80.00 59,040.00 I-39-CA N/A EA 6' Recessed Curb InletN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-40-CA N/A EA 8' Recessed Curb InletN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-41-G 4 EA 10' Recessed Curb Inlet3,000.00 12,000.003,400.00 13,600.00 2,500.00 10,000.00 3,500.00 14,000.00 3,100.00 12,400.00 I-42-CA N/A EA 12' Recessed Curb InletN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-43-CA N/A EA 14' Recessed Curb InletN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-44-G 1 EA 15' Recessed Curb Inlet4,000.00 4,000.004,000.00 4,000.00 3,300.00 3,300.00 5,500.00 5,500.00 4,100.00 4,100.00 I-45-G 1 EA 20' Recessed Curb Inlet5,000.00 5,000.004,500.00 4,500.00 3,700.00 3,700.00 7,000.00 7,000.00 5,000.00 5,000.00 I-46-CA N/A EA 10' Modified Recessed Curb InletN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-47-CA N/A EA 15' TxDOT Curb Inlet at BethelN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-48-G 1 EA 4' Drop Inlet2,600.00 2,600.001,500.00 1,500.00 2,200.00 2,200.00 2,600.00 2,600.00 2,700.00 2,700.00I-49-G2 EA 4' X 4' Manhole3,800.00 7,600.001,000.00 2,000.00 4,500.00 9,000.00 2,700.00 5,400.00 4,000.00 8,000.00 I-50-CA N/A LF Cast In Place Multiple Box CulvertsN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A
BASE BID TABULATION: Bethel Road / Bass Pro Project ST 99-05 Bid No. Q 0806-01 Page 8 of 10BASS PRO DRIVE SECTIONItem Quantity Unit DescriptionTiseo PavingTexas Sterling Mario Sinacola Jackson AUIUnit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price I-51-CB N/A LF Cast In Place Multiple Box CulvertsN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-52-CA N/A LS Wing Wall Modi. @ Bethel Rd.N/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-53-CB N/A EA Non Skewed Parallel WingwallN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-54-CA N/A LS Rem Portions of Box Culvert HeadwallN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-55-CB N/A LS Rem & Dis of Existing Box Culvert & WWN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-56-CB N/A LS Tie Exist 42" Outfall /Gabion StructureN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-57-CB N/A LS Tie Eixst 36" Outfall / Gabion StructureN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-58-CB N/A LS Tie Exist Flume /Gabion StructureN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-59-CB N/A LS Tie 48" Storm Pipe under DW on Loch LnN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-60-G 32 LF Rem Exist 54" RCP /Enchanted Way55.00 1,760.00100.00 3,200.00 25.00 800.00 40.00 1,280.00 28.00 896.00 I-61G 1 LS Rem 27' of Existing Box Culvert/Bass Pro19,000.00 19,000.00500.00 500.00 20,000.00 20,000.00 14,000.00 14,000.00 25,000.00 25,000.00 I-62-G 73 LF Rem 12" DW Culverts21.75 1,587.7510.00 730.00 15.00 1,095.00 40.00 2,920.00 18.00 1,314.00 I-63-G 127 LF Rem 18" RCP Storm Drain21.75 2,762.2510.00 1,270.00 20.00 2,540.00 40.00 5,080.00 18.00 2,286.00 I-64-G 3 EA Rem Small Drainage Structure500.00 1,500.00100.00 300.00 300.00 900.00 6,500.00 19,500.00 800.00 2,400.00 I-65-CB N/A CY 1.5' x 3' PVC Coated Gabion StructuresN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-66-CB N/A CY 3' x 3' PVC Coated Gabion StructuresN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-67-CB N/A CY 1' Gabion Mattress StructureN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-68-CA N/A LF 8" PVC SS Line Open CutN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-69-CA N/A EA 5" Dia SS ManholeN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-70-CA N/A EA 4" Dia SS ManholeN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-71-CA N/A LS 6" PVC SS Line StuboutN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-72-CA N/A EA Adjust SS Manhole RimsN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-73-CA N/A LS Adjust/Relocate SS Clean-OutsN/A N/AN/A N/AN/A N/AN/A N/AN/A N/AI-74-CB N/A LF Adj Exist 12" SS MainN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-75-CA N/A LF 16" PVC WL Open CutN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A
BASE BID TABULATION: Bethel Road / Bass Pro Project ST 99-05 Bid No. Q 0806-01 Page 9 of 10BASS PRO DRIVE SECTIONItem Quantity Unit DescriptionTiseo PavingTexas Sterling Mario Sinacola Jackson AUIUnit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price I-76-G 58 LF 6" PVC WL Open Cut81.00 4,698.0040.00 2,320.00 62.00 3,596.00 115.00 6,670.00 100.00 5,800.00 I-77-CA N/A LF 12" PVC WL Open CutN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-78-CA N/A LF 8" PVC WL Open CutN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-79-CA N/A EA Fire Hydrant Assemblies/New WLN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-80-CA N/A EA Fire Hydrant Assemblies/Exist WLN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-81-CA N/A EA Fire Hydrant Assemblies/Exist WLN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-82-G 3 EA Relocate FH Assemblies1,300.00 3,900.002,500.00 7,500.00 4,600.00 13,800.00 4,000.00 12,000.00 5,500.00 16,500.00 I-83-CA N/A EA 16" Gate ValveN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-84-CA N/A EA 12" Gate ValeN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-85-CA N/A EA 8" Gate ValveN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-86-CA N/A EA Connect to Exist 16" WLN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-87-CA N/A LS Type 2 Air Rel ValveN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-88-G 9 EA Adjust Water Valve Boxes400.00 3,600.00250.00 2,250.00 500.00 4,500.00 200.00 1,800.00 550.00 4,950.00 I-89-G 1 EA Adjust Water Meter & BoxN/A N/AN/A N/A1,200.00 1,200.00 N/A N/AN/A N/A I-90-CA N/A EA Abandon/Rem Water Valve BoxesN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-91-CA N/A LS Domestic SL Adj & Meter RelocateN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-92-CA N/A LS Rep, Rep/Modify Irri. SysN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-93-CA N/A LS 16" Water Main Lowering / 5'N/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-94-CB N/A LS 16" Water Main Lowering / 6'N/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I -95-CA N/A EA 16" Water Main Lowering / Drainage LatN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-96-CA N/A EA 10" Water Main Lowering / 5' CulvertsN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-97-CA N/A EA 8" Water Main Lower @ Drainage LatN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-98-CA N/A EA 6" FH Stub Out Water Line LoweringN/A N/AN/A N/AN/A N/AN/A N/AN/A N/AI-99-CAN/A LS Backflow Prev Vault / Water MeterN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-100-G 0.20 LS Erosion Control40,500.00 8,100.0030,000.00 6,000.00 45,000.00 9,000.00 80,000.00 16,000.00 65,000.00 13,000.00
BASE BID TABULATION: Bethel Road / Bass Pro Project ST 99-05 Bid No. Q 0806-01 Page 10 of 10BASS PRO DRIVE SECTIONItem Quantity Unit DescriptionTiseo PavingTexas Sterling Mario Sinacola Jackson AUIUnit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price I-101-G 0.20 LS Traffic Control151,000.00 30,200.00250,000./00 50,000.00 140,000.00 28,000.00 500,000.00 100,000.00 200,000.00 40,000.00 I-102-CA N/A LS City Entrance/Monument SignN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-103-G 0.20 LS Restore Pkwy & Dist Areas7,800.00 1,560.0042,000.00 8,400.00 15,000.00 3,000.00 280,000.00 56,000.00 88,000.00 17,600.00 I-104-G 2,042 LF Trench Safety1.75 3,573.501.00 2,042.00 2.00 4,084.00 1.00 2,042./00 2.00 4,084.00 I-105-G 1 EA Project Signs550.00 550.00900.00 900.00 1,200.00 1,200.00 500.00 500.00 550.00 550.00 I-106-G 0.20 LS Field Office156,400.00 31,280.0050,000.00 10,000.00 90,000.00 18,000.00 85,000.00 17,000.00 100,000.00 20,000.00 I-107-CA N/A LS Landscaping / IrrigationN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-108-CA N/A EA Service Tap / wetN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-109-CA N/A EA Service Tap / dryN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-110-CA N/A LS Traffic Signal / Royal @ BethelN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-111-CA N/A LS Traffic Signal /Freeport @ BethelN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-112-G 1 LS Bridge @ Cottonwood Creek935,000.00 935,000.001,090,000.00 1,090,000.00 1,300,000.00 1,300,000.00 1,084,000.00 1,084,000.00 917,000.00 917,000.00 I-113-CB N/A LS NWP 39 Mitigation PlanN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-114-CB N/A CY Channel ExcavationN/A N/AN/A N/AN/A N/AN/A N/AN/A N/A I-115.G 600 LF 4" PVC Sch 40 for Irrigation750.00 4,500.0010.00 6,000.00 7.00 4,200.00 8.00 4,800.00 7.75 4,650.00BASE BID I-1-G thru I-112-G Total$2,138,498.85$2,162,698.852,248,463.00 $2,493,656.50 $2,493,500.00 $2,639,938.35Calendar Days570730 730 186 660
1 INCH = FT.
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Proposed Improvements
Bethel Road Re-Construction
City of Coppell Project ST99-05
Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\ST99-05 LIMITS
Created on: 02 October 2006 by Scott Latta
AREA OF PROPOSED
IMPROVEMENTS
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Managerr
October 10, 2006
15
✔✔
ORDINANCE
Consider approval of an ordinance providing for the implementation of an automated red light enforcement
program in the city of Coppell, Texas; imposing a civil penalty; providing a repealing clause; providing a severability
clause; providing a savings clause; providing an effective date; and authorizing the Mayor to sign.
The ordinance provides the backbone for operating the Red Light program in accordance with existing laws of the
State of Texas. It also restricts the use of funds to traffic safety programs and functions. Fines are $75 dollars per offense
unless there are 3 in 1 calendar year than the fine is $200 for the 3rd one. The ordinance must be passed before the
installation of the cameras and implementation of the civil fine system. The ordinance also provides 9 affirmative
defenses to liability created by this ordinance.
Staff recommends approval.
!RedLight
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AN ORDINANCE OF THE CITY OF COPPELL
ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, PROVIDING
FOR THE IMPLEMENTATION OF AN AUTOMATED RED LIGHT
ENFORCEMENT PROGRAM IN THE CITY OF COPPELL, TEXAS;
IMPOSING A CIVIL PENALTY; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
WHEREAS, the City Council of the City of Coppell, Texas (“City Council”) under the
authority of Article XI, Section 5 of the Texas constitution, investigated and determined that it
would be advantageous and beneficial to the City of Coppell, Texas (“Coppell”) and its
inhabitants to implement an automated red light enforcement program; and
WHEREAS, upon investigation it has been determined that red light running is the cause
of approximately 280,000 collisions and 240,000 injuries each year in the United States; and
WHEREAS, upon investigation it has been determined that red light running causes the
death of approximately 100 people in the State of Texas each year; and
WHEREAS, red light enforcement programs have proven to reduce the number of red
light runners in that Washington, D.C. has reduced red light running by 68% and Wilmington,
Delaware has reduced red light running by 62% with their red light enforcement programs; and
WHEREAS, the local community of the City of Garland began its automated red light
enforcement program in September 2003 and has already experienced a 13% reduction in
violations; and
WHEREAS, it is in the interest of the public health, safety and welfare to implement
traffic regulation and safety programs.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2. Automated Red Light Enforcement Regulations Established. Regulations
implementing and governing an automated red light enforcement program are established as
follows:
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Article 1. Definitions.
In this article:
(1) “Department” means the Police Department of the City of Coppell, Texas.
(2) “Owner” means the owner of a motor vehicle as shown on the motor vehicle
registration records of the Texas Department of Transportation or the analogous
department or agency of another state or country. The term “owner” includes (i) a lessee
of a motor vehicle under a lease of 6 months or more, or (ii) the lessee of a motor vehicle
rented or leased from a motor vehicle rental or leasing company, but does not include the
motor vehicle rental or leasing company itself.
(3) “Photographic Traffic Monitoring System” means a system that:
(A) consists of a camera and vehicle sensor installed to work in conjunction
with an electrically operated traffic control signal; and
(B) is capable of producing at least two recorded images that depict the license
plate attached to the rear of a motor vehicle that is not operated in compliance
with the instructions of the traffic control signal.
(4) “Recorded Image” means an image recorded by a photographic traffic monitoring
system that depicts the rear of a motor vehicle and is automatically recorded on a
photograph or digital image.
(5) “System Location” means the approach to an intersection toward which a
photographic traffic monitoring system is directed an in operation.
(6) “Traffic Control Signal” means a traffic control device that displays alternating
red, amber and green lights that directs traffic when to stop at or proceed through an
intersection.
Article 2. Imposition of civil penalty for creating dangerous intersections.
(1) The City Council finds and determines that a vehicle that proceeds into an
intersection when the traffic control signal for that vehicle’s direction of travel is emitting
a steady red signal damages the public endangering vehicle operators and pedestrians
alike, by decreasing the efficiency of traffic control and traffic flow efforts, and by
increasing the number of serious accidents to which public safety agencies must respond
at the expense of the taxpayers.
(2) The owner of a motor vehicle is liable for a civil penalty if the vehicle proceeds
into an intersection at a system location when the traffic control signal for that vehicle’s
direction of travel is emitting a steady red signal.
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(3) The civil penalty for which the owner is liable is $75.00, provided that for a third
or subsequent offense in any 12-month period, the amount of the penalty shall be
$200.00.
Article 3. Enforcement; procedures,
(1) The Department is responsible for the enforcement and administration of this
Ordinance.
(2) In order to impose a civil penalty under this Ordinance, the Department, or its
designee, shall mail or cause to be mailed a notice of violation to the owner of the
motor vehicle liable for the civil penalty not later than the 30th day after the date
the violation is alleged to have occurred to:
(A) the owner’s address as shown on the registration records of the Texas
Department of Transportation; or
(B) if the vehicle is registered in another state or country, the owner’s address
as shown on the motor vehicle registration records of the department or agency of
the other state or country analogous to the Texas Department of Transportation.
(3) A notice of violation issued under this Ordinance shall contain the following:
(A) a description of the violation alleged;
(B) the location of the intersection where the violation occurred;
(C) the date and time of the violation;
(D) the name and address of the owner of the vehicle involved in the violation;
(E) the registration number displayed on the license plate of the vehicle
involved in the violation;
(F) a copy of a recorded image of the vehicle involved in the violation that
depicts the registration number displayed on the license plate of that vehicle.
(G) the amount of the civil penalty to be imposed for the violation;
(H) the date by which the civil penalty must be paid;
(I) a statement that a recorded image is evidence in a proceeding for the
imposition of a civil penalty;
(J) information that informs the person named in the notice of violation;
(i) of the person’s right to contest the imposition of the civil penalty
against the person in an administrative adjudication;
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(ii) of the manner and time in which imposition of the civil penalty
may be contested;
(iii) that failure to pay the civil penalty or to contest liability in a timely
manner is an admission of liability and that failure to appear at an
administrative adjudication hearing after having requested a hearing is an
admission of liability;
(iv) that failure to pay the civil penalty within the time allowed shall
result in the imposition of a late-payment fee of $25.00; and
(K) a statement, if at the time and place of the violation the vehicle was being
operated by a person other than the owner; if the owner is a natural person, the owner
may transfer liability for the violation to the person who was operating the vehicle at that
time and place if the owner submits to the City by affidavit, on a form provided by the
City, or under oath at an administrative adjudication hearing the name and current
address of the person:
(i) operating the vehicle at the time and place of the violation;
(ii) who was the lessee of the vehicle at the time of the violation, if the
vehicle was rented or leased from a person in the business of renting or
leasing motor vehicles at that time; or
(iii) who was the subsequent owner of the motor vehicle, if ownership
of the vehicle was transferred by the owner before the time of the
violation.
(4) A notice of violation under this article is presumed to have been received on the
fifth (5th) day after the date the notice of violation is mailed.
(5) In lieu of issuing a notice of violation, the Department may mail a warning notice
to the owner, that, in addition to any other information contained in the warning notice,
must contain the Information required by subsection (C) of this Article.
Article 4. Administrative adjudication hearing.
(1) A person who received a notice of violation under this Ordinance may contest the
imposition of the civil penalty by requesting in writing an administrative adjudication of
the civil penalty within the time provided in the notice (which period shall not be less
than fifteen (15) days following the mailing of the notice). Upon receipt of the request,
the Department shall notify the person of the date and time of the hearing on the
administrative adjudication. The administrative adjudication hearing shall be held before
a hearing officer appointed by the City Manager.
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(2) Failure to pay a civil penalty or to contest liability within fifteen days (15)
following the date of the notice is an admission of liability in the full amount of the civil
penalty assessed in the notice of violation and constitutes a waiver of the right to appeal
under Article 4, Section (11).
(3) Failure to appear at an administrative adjudication hearing after having requested
a hearing is an admission of liability for the full amount of the civil penalty assessed in
the notice of violation and constitutes a waiver of the right to appeal under Article 4,
Section 11.
(4) A person who fails to pay a civil penalty within the time allowed by this
Ordinance shall be additionally liable for a late payment penalty in the amount of $25.00.
(5) The civil penalty shall not be assessed if:
(A) After a hearing, the hearing officer enters a finding of no liability; or
(B) Within the time prescribed in the notice of violation, the person against
whom the civil penalty is to be assessed submits the proof described in
Article 3, Section (3)(K).
(6) A person who is found liable after an administrative adjudication hearing or who
requests an administrative adjudication hearing and thereafter fails to appear at the time
and place of the hearing is liable for administrative hearing costs in the amount of $50.00
in addition to the amount of the civil penalty assessed for the violation. A person who is
found liable for a civil penalty after an administrative adjudication hearing shall pay the
civil penalty and costs within ten (10) days of the hearing.
(7) In an administrative adjudication hearing, the issues must be proved at the hearing
by a preponderance of the evidence. The reliability of the photographic traffic control
signal monitoring system used to produce the recorded image of the violation, originals
or copies of the recorded image, and other documentary evidence relating to the violation
alleged in a notice of violation may be attested to in an administrative adjudication
hearing by affidavit of an officer or employee of the City or the entity with which the
City contracts to install or operate the system and who is responsible for inspecting and
maintaining the system. A certification of an officer or employee of the City that alleges
a violation based on an inspection of the pertinent recorded image is admissible in a
proceeding under this Ordinance, is evidence of the facts contained therein, and is prima
facie evidence of the violation alleged in the notice of violation.
(8) It shall be an affirmative defense to liability under this Ordinance, to be proven by
a preponderance of the evidence, that;
(A) the traffic-control signal was not in proper position and sufficiently legible
to an ordinarily observant person;
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(B) the operator of the motor vehicle was acting in compliance with the lawful
order or direction of a police officer;
(C) the operator of the motor vehicle violated the instructions of the traffic-
control signal so as to yield the right-of-way to an immediately
approaching authorized emergency; vehicle;
(D) the motor vehicle was being operated as an authorized emergency vehicle
under Chapter 546 of the Texas Transportation Code and that the operator
was acting in compliance with that chapter;
(E) the motor vehicle was a stolen vehicle and being operated by a person
other than the owner of the vehicle without the effective consent of the
owner.
(F) the license plate depicted in the recorded image of the violation was a
stolen plate and being displayed on a motor vehicle other than the motor
vehicle for which the plate had been issued;
(G) if the owner of the vehicle is a natural person, the vehicle was being
operated by a person other than the owner of the vehicle; or
(H) the presence of ice, snow, unusual amounts of rain or other unusually
hazardous road conditions existed that would make compliance with this
Ordinance more dangerous under the circumstances than non-compliance.
(9) To demonstrate that at the time of the violation the motor vehicle was a stolen
vehicle or the license plate displayed on the motor vehicle was a stolen plate, the owner
must submit proof acceptable to the hearing officer that the theft of the vehicle or license
plate had been timely reported to the appropriate law enforcement agency.
(10) Notwithstanding anything in this Article to the contrary, a person who fails to pay
the amount of a civil penalty or to contest liability in a timely manner is entitled to an
administrative adjudication hearing on the violation if;
(A) the person files an affidavit with the hearing officer stating the date on
which the person received the notice of violation that was mailed to the person;
and
(B) within the same period required by Article 4 Section (1) for a hearing to be
timely requested but measured from the date the mailed notice was received as
stated in the affidavit filed under Subdivision (A), the person requests an
administrative adjudication hearing.
(11) A person who is found liable after an administrative adjudication hearing may
appeal that finding of liability to the Municipal Court by filing a notice of appeal with the
7 70221
clerk of the Municipal Court. The notice of appeal must be filed not later than the thirty-
first (31st) day after the date on which the administrative adjudication hearing officer
entered the findings of liability and shall be accompanied by the payment of an appellate
filing fee of $50.00 Unless the person, on or before the filing of the notice of appeal,
posts a bond in the amount of the civil penalty and any late fees, an appeal does not stay
the enforcement of the civil penalty. An appeal shall be determined by the Municipal
Court by trial de novo. The affidavits submitted under Article 3, Section (K) shall be
admitted by the municipal judge in the trial de novo, and the issues must be proved by a
preponderance of the evidence.
Article 5. Effect of liability; exclusion of civil remedy; enforcement.
(1) The imposition of a civil penalty under this Ordinance is not a conviction and may
not be considered a conviction for any purpose.
(2) The Department may not impose a civil penalty under this Ordinance on the
owner of a motor vehicle if the operator of the vehicle was arrested or was issued a
citation and notice to appear by a peace officer for a violation of Section 544.007(d) of
the Texas Transportation Code recorded by the traffic control monitoring system.
(3) The City Attorney is authorized to file suit to enforce collection of a civil penalty
assessed under this Ordinance.
Article 6. Use of civil penalty funds.
Civil penalties received by Coppell or the Department may only be used as follows:
(1) to pay for the expenses of the automated red light enforcement program, including
but not limited to, operations, maintenance, improvements, personnel and
program management (“Operational Expenses”); and
(2) all funds remaining after the payment of Operational Expenses shall be placed in
an account to be used solely for expenses and items that are related or can be used
in the furtherance of traffic safety, including but not limited to, cameras, traffic
control devices, enforcement equipment, such as radars and police vehicles,
communication equipment, educational or awareness programs, personnel and
training.
SECTION 3. That all provisions of the ordinances of the City of Coppell in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions of the ordinances of the City of Coppell not in conflict with the provisions of this
ordinance shall remain in full force and effect.
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SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase, or
section of this ordinance be adjudge or held to be unconstitutional, illegal or invalid, the same
shall not affect the validity of this ordinance as a whole, or any part or provision thereof other
than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity
of the Code of Ordinances as a whole.
SECTION 5. An offense committed before the effective date of this ordinance is
governed by the prior law and the provisions of the Code of Ordinances, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 6. This ordinance shall take effect from and after its passage and the
publication of the caption as the law and charter provide.
DULY PASSED by the City Council of the City of Coppell, Texas on the _________
day of _______________________, 2006.
APPROVED:
______________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
______________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
________________________________
ROBERT HAGER, CITY ATTORNEY
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ ȱ
Fire
October 10, 2006
16
✔
ORDINANCE
Consider approval of an ordinance amending Chapter 6-5 Special Events and repealing Ordinance No. 2003-1065 in
its entirety and authorizing the Mayor to sign.
The revised ordinance focuses on adding block parties and clarifying the inclusion of horses in parades as discussed in
a work session late last year with the Mayor and Council. A preliminary review indicates no additional burdens on
organizations and many of the changes address subjects which could have been interpreted in various manners. We
have attached a clean ordinance plus one that highlights the proposed changes for your review.
Staff recommends approval.
(Special Event Ord. Revision
Revised 9/14/06 1
AN ORDINANCE OF THE CITY OF COPPELL
ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
REPEALING ORDINANCE NOS. 2003-1065 93604 AND 97785 AND
RESOLUTION NO. 092794.1 AND AMENDING THE CODE OF
ORDINANCES OF THE CITY OF COPPELL, TEXAS, BY
AMENDING ARTICLE 6-5; PROVIDING FOR THE
REGULATION OF BLOCK PARTIES, PARADES AND SPECIAL
EVENTS; PROVIDING FOR A PERMIT AND EXEMPTIONS;
PROVIDING FOR THE REVOCATION, TERMINATION AND
APPEAL OF PERMIT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATION OF
THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
SECTION 1. This ordinance hereby repeals Ordinance Nos. 2003-1065 93604
and 97785 and Resolution No. 092794.1, each in its entirety; and
SECTION 2. That the Code of Ordinances of the City of Coppell, Texas is
hereby amended by amending Article 6-5 in part to read as follows:
“ARTICLE 6-5 – SPECIAL EVENTS
Sec. 6-5-1 DEFINITIONS.
The following words and phrases, when used in this Article, shall, for the
purpose of this article, have the meanings respectively ascribe to them in
this section;
Applicant means a person or organization who has filed a written permit
application for a block party, parade or special event.
Block party means the use of a residential street for a neighborhood
function in which traffic control is required.
City means the City of Coppell, Texas.
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Committee Review is required when the Special Event Coordinator
determines that the means a parade or special event permit application
requires evaluation by the Special Event Review Committee to determine
if additional city services, supplementary permits and follow-up
inspections will be required.
Concession means a facility at a special event where food or drink is
offered to the public.
Licensee means the applicant/, promoter, or person or organization to
whom the parade or special event permit has been issued.
Non-Committee Review is determined by the Special Event Coordinator
and means a the block party, parade or special event permit application
that does not require evaluation by the Special Event Review Committee
to determine if city services, permits and follow-up inspections will be
required, and may be approved by the Special Event Coordinator.
Non-Profit means not maintained or organized for profit, as recognized
by the State of Texas and the Federal Tax Code.
Parade means the assembly of three or more persons whose gathering is
the common design and purpose of traveling or marching in procession
from one location to another location on a public thoroughfare or right-of-
way to express feelings and beliefs on current political, religious or social
issues. Parade shall include runs, walks, relays, marathons, or similar
events.
Parade Route Notification means signage posted at the affected
intersections or along the trail system one week prior to the event.
Pavilion Rental is administered by Parks and Recreation. All pavilion
rental paperwork is managed and fees collected by Parks and Recreation,
and are completely separate from any and all fees associated with the
Special Event permit application process.
Person means any individual, assumed name entity, partnership,
association, corporation or other organization.
Permit shall mean the City of Coppell’s agreement giving the
applicant/promoter permission to hold the block party, parade or Sspecial
Eevent, on the terms and conditions stated in the pPermit and subject to
the rules, regulations, and requirements of this Ordinance. The parade or
special event should not be considered approved until committee reviewed
permit applications are signed off by the Special Event Review Committee
and issued to the applicant/promoter or non-committee reviewed
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applications are signed off by the Special Event Coordinator and issued to
the applicant/promoter.
Promoter means the person or organization seeking to hold the special
event, including the promoter’s employees, agents, affiliates, successors,
permitted assigns, and other persons controlled by the promoter. The
applicant and the promoter may be the same in some events.
Reimbursable Costs means all costs and expenses incurred by the City
for activities associated with staging of the event, including, without
limitation, the following:
- Utilities services provided to the special event, including all of the
costs of installation, maintenance, and connection.
- Barricades and cones.
- Special Event parking.
- Food services inspection.
- Repair, maintenance and removal of facilities in the event of a
failure of applicant/promoter.
- Repair of streets, alleys, sidewalks, parks and other public
property.
- Police protection.
- Fire protection.
- Emergency medical service.
- Garbage disposal and cleanup.
- Traffic control.
- Other direct costs associated with the special event.
Sidewalk means that portion of a street intended for the use of pedestrians
that is located between the curb lines, or lateral lines of a roadway, and the
adjacent property lines.
Special Event means a temporary event or gathering, other than those
events defined in this ordinance as a parade, using either private or public
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property, which involves one or more of the following activities, except
when the activity is for construction or house moving purposes only:
(a) closing a public street;
(b) blocking or restriction of public property, limiting the use of parks
by the general public, and streets;
(c) offer of merchandise, food, or beverages on public property or on
private property where otherwise prohibited by ordinance;
(d) erection of a tent on public property, or on private property where
otherwise prohibited by ordinance;
(e) installation of a stage, band shell, trailer, van, portable building,
grandstand or bleachers on public property, or on private property
where otherwise prohibited by ordinance;
(f) placement of portable toilets on public property, or on private
property where otherwise prohibited by ordinance; and
(g) placement of temporary no parking signs in a public right-of-way.
Special Event Coordinator shall mean the city employee, as designated
by the City Manager, responsible for reviewing the initial special event
permit application, coordinating meetings between the applicant/promoter
and city representatives, and collecting special event permit fees, and
enforcing the Special Events Ordinance. The Special Event Coordinator
shall chair the Special Event Review Committee.
Special event/parade permit means approval from the City or its
designated representative for a parade or special event. The parade or
special event should not be considered approved until committee reviewed
permit applications are signed off by the Special Event Review Committee
and issued to the applicant/promoter or non-committee reviewed
applications are signed off by the Special Event Coordinator and issued to
the applicant/promoter.
Special Event Review Committee shall mean a committee consisting of a
representative from each of the following city departments: Building
Inspections, Emergency Management, Environmental Health, Fire, Human
Resources/Risk Management, Parks & Recreation, Police, Streets, and
additional city staff as determined by the Special Event Coordinator upon
review of the Special Event permit application. The Special Event Review
Committee will meet on a monthly basis, or as needed. The Special Event
Review Committee shall review the parade or special event permit
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application and procure from the applicant/promoter such clarifications
and additional information necessary for the approval, denial or revocation
of the permit using the outlines within this ordinance. The Special Event
Review Committee and other related city personnel shall enforce the
Special Events Ordinance.
Street means the entire width between the boundary lines of every way
publicly maintained, when any part is open to the use of the public for
purposes of vehicular travel.
Sec. 6-5-2 PERMIT REQUIRED; EXEMPTIONS
A. A person commits an offense if he engages in, participates in, aids,
or commences a parade or special event within the city without
first making written application for and receiving a parade or
special event permit from the City.
B. No parade or special event permits shall be required under this
article for the following:
1. the Armed Forces of the United States of America, the
military forces of the State of Texas, political subdivisions
of the State of Texas, and the forces of the police and fire
departments acting within the scope of their duties.
2. a funeral procession proceeding by a vehicle under the
most reasonable route from a funeral home, church, or
residence to the place of service or place of internment.
3. a peaceful demonstration at a fixed location which is not a
street.
4. a sidewalk procession which observes and complies with
the traffic regulations and traffic control devices, using that
portion of a sidewalk nearest the street, but at no time using
more than one-half of the sidewalk.
Sec. 6-5-3 PERMIT APPLICATION
A. A person desiring to hold a block party, parade or special event
shall apply for a permit by filing with the Special Event
Coordinator a written permit application upon a form provided for
that purpose. Each parade and special event permit application
shall be accompanied by an non-refundable application fee in the
amount outlined in the City’s Master Fee Schedule approved by
City Council for committee and non-committee review. An permit
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application for a parade or special event shall be made not less than
sixty days prior to the date and time of the commencement of the
parade or special event. An application for a block party shall be
made not less than twenty-one days prior to the date and time of
the commencement of the block party. The Special Event
Coordinator and/or the Special Event Review Committee may
waive the twenty-one or sixty-day filing requirements for a block
party, parade or special event if the Special Event Coordinator
and/or the Special Event Review Committee determines that the
permit application can be processed in less than twenty-one or
sixty days, taking into consideration the type of block party, parade
or special event. If the parade or special event permit application
is submitted later than the required time as stated above, an
expedited review fee may be required, the amount shall be outlined
in the City’s Master Fee Schedule approved by City Council.
B. Parade or special event permit applications will be processed on a
first come basis and no parade or special event will be considered
an annual event tied to a specific date. Parade or special event
permit applications will not be accepted more than a year in
advance for a specific date.
C. An block party, parade or special event permit application must
contain the following information:
1. the name, address, telephone number, email address, date
of birth, and driver’s license number of the
applicant/promoter, and, of any other persons responsible
for the conduct of the block party, parade or special event;
2. a description of the parade or special event and the
requested dates and hours of operation of the block party,
parade or special event;
3. the estimated number of persons participating in the parade
or special event and a set of detailed plans showing the area
or route to be used during the parade or special event
including proposed structures, tents, fences, barricades,
signs, banners, and restroom facilities;
4. the time and location of street closings, if any are requested
for the block party, parade or special event;
5. details of the offer of merchandise or serving of food or
alcoholic beverages at the parade or special event;
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6. details of how the applicant/promoter will clean up the area
used after the parade or special event;
7. the parade’s commencement and termination time, the
starting and termination points, and the specific route to be
traveled provided in written format including detailed
directions as well as in an illustrated or map format and the
starting and termination points;
8. the estimated number of persons to participate in the parade
or special event;
9. the estimated number, if any, of animals, animals and
riders, animal-drawn vehicles, floats, motor vehicles,
motorized displays, and marching units or organizations
such as, but not limited to bands, color guards, and drill
teams;
10. application fees required by the City. All City of Coppell
sponsored events shall be exempt from fees;
11. prior approval by the Parks & Recreation Department
to use the trail system or park facilities for a special
event, if applicable;
12. proof of non-profit status; and
13. copy of contract, agreement, or details outlining
arrangement between applicant and promoter upon request.
Sec. 6-5-4 APPROVAL OF PLANS
A. When considering approval of an permit application, the Special
Event Review Committee may consider (without limitation) the
following factors:
1. whether the permit application allows for ample
opportunity to properly plan and prepare for the parade or
special event; or
2. whether the parade or special event is likely to promote the
city in a positive manner; or
3. whether the parade or special event is likely to promote
tourism by attracting visitors; or
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4. whether the parade or special event is likely to benefit
Coppell businesses; or
5. whether the parade or special event is likely to promote
family entertainment; or
6. whether the parade or special event is likely to enhance a
sense of community; or
7. whether, police, fire and other city services will be unduly
burdened or adversely affected by the parade or special
event; and
8. whether the parade or special event is reasonably likely to
cause injury to persons or property, to provoke disorderly
conduct or create a disturbance.
B. No person shall be discriminated against on the grounds of race,
color, national origin or disability.
C. A permit shall be subject to the applicant/promoter receiving
approval from the Special Event Review Committee The
applicant/promoter should consider the parade or special event
approved upon receipt of the permit application executed by the
Special Event Review Committee or Special Event Coordinator
prior to the start of the special event for (without limitations) the
plans described below.
D. The City, by approving such plans, assumes no liability or
responsibility therefor.
E. The following plans shall be required or specific procedures or
guidelines may be mandated by the city department(s) enforcing
specific plan(s) and specifications related to the parade or special
event:
1. Facilities: a comprehensive set of plans and specifications
relating to all temporary facilities to be constructed or
utilized for the special event. A building permit from the
Building Inspections Department is required.
2. Fire Protection: a comprehensive plan for prevention of
fires and for adequate protection of persons and property in
the event of a fire, including, without limitation, adequate
exits, fire extinguishers, adequate access for fire trucks and
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emergency vehicles. The fire protection plan shall be
coordinated through the office of the Fire Marshal.
3. Food and Beverage Service: a comprehensive plan to
provide food and beverage concessions. The
Environmental Health Department shall approve the plan.
4. Emergency Medical Service: a comprehensive plan to
provide adequate emergency medical services at the parade
or special event. The plan shall be coordinated through the
Fire Department. Operations Division.
5. Parking, assembly or disassembly of parade participants: a
comprehensive plan to provide adequate parking for the
proposed parade or special event, including written
permission by all of the owners of land to be used for the
parade, special event or off-site parking.
6. Police Protection: a comprehensive plan providing for
adequate safety, security, traffic and crowd control in
connection with the parade or special event. The plan shall
be coordinated through the Coppell Police Department.
7. Promotional: if applicable, comprehensive plan to
promote, market, and advertise the parade or special event.
Signs and banners shall be permitted through the Building
Inspection Department.
8. Sanitation Plan: a comprehensive plan to insure that the
highest standards of cleanliness, and sanitation and
recycling are maintained at the special event including
adequate restroom facilities and appropriate refuse and
recycling containers to accommodate refuse generated by
its patrons and operations and a plan to empty the
containers frequently so as to prevent overflow.
9. Emergency Medical Service, Police Protection, and Fire
Protection beyond that level normally provided will be
supplied by the appropriate City department as deemed
necessary by the Chief of Police, the Fire Chief, or their
designee, at the applicant/promoter’s expense.
10. Emergency Operations Plan: The Emergency Management
Officer shall develop and distribute an emergency plan
intended to provide various options to meet the needs of the
patrons and staff in the event of an emergency, given the
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constraints of the site. It is further intended to function as
an addendum to the City of Coppell’s emergency
management plan.
Sec. 6-5-5 ISSUANCE, DENIAL AND REVOCATION OF A PARADE OR
SPECIAL EVENT PERMIT
A. Upon receipt of an application for a parade or special event permit,
the Special Event Coordinator shall schedule the event on the
appropriate Special Event Review Committee monthly agenda, or
forward the application to Parks and Recreations for authorization
to use a park and/or park trail system on the date(s) requested, or
approve the application.
B. The Parks and Recreation Director or designated representative
will consider authorization of a special event in the park system
based on the park/trail use policy, number of events per year and
impact on city facilities and resources.
C. If it is determined the special event will conflict with events
already scheduled in the park system and possibly cause a shortage
of parking spaces and pedestrian traffic congestion the Parks and
Recreation Director or designated representative may deny or
attempt to reschedule the special event. If an alternate date is not
viable, the applicant will be refunded one-half of the committee
review application fee.
D. The Special Event Review Committee shall meet on a monthly
basis, or as needed, to review pending sSpecial eEvent pPermit
applications. If required, specially called Special Event Review
Committee meetings may be scheduled. The Committee shall
make findings deemed appropriate and approve or deny the permit
application.
E. Should the applicant/promoter for a parade or special event permit
reveal that the route requested would interfere with the orderly
flow of vehicular and pedestrian traffic, the Special Event Review
Committee shall have the authority to establish a reasonable
alternate route and regulate the width of the event.
F. The Special Event Review Committee may deny a parade or
special event permit application when said event for which the
permit is requested would:
1. cross or use as a route, or as part of a route, any of the
following:
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(a) State Highway 121
(b) Highway 635
(c) East Beltline Road
(d) South Beltline Road
(e) Denton Tap Road
(f) Sandy Lake Road
(g) MacArthur Boulevard
2. take place at the same location and/or time as a previously
approved parade, or special event, sports activity; or
3. begin during, or within two hours of the start or after the
end of a parade or special event for which a permit has
been granted and follow a route that passes within one-half
mile of any point of the route of the parade or special event
for which a permit has been granted; or
4. unreasonably disrupt the orderly flow of traffic and no
reasonable means of rerouting traffic or otherwise meeting
traffic needs is available; or
5. begin and/or end outside the city limits, unless or until the
applicant/promoter receives approval from the adjacent
City where the parade or special event begins or ends.
G. The Special Event Review Committee may deny a parade or
special event permit application if:
1. the applicant/promoter fails to adequately provide for:
(a) the protection of event participants; or
(b) maintenance of public order in and around the
special event location; or
(c) crowd security; taking into consideration the size
and character of the event; or
(d) emergency vehicle access; or
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(e) safe sanitary conditions for preparation or operation
of food concessions.
2. the applicant/promoter fails to provide a Certificate of
Liability Insurance naming the City of Coppell as
additional insured in the amount designated by the Human
Resources/Risk Management representative to the Special
Event Review Committee. Applicant/promoter must also
provide the Certificate of Liability Insurance and an
Endorsement Agreement not less than ten days prior to the
date of the parade or special event;
3. the applicant/promoter fails to comply with, or the
proposed parade or special event will violate a city
ordinance or other applicable law, unless the prohibited
conduct or activity would be allowed under this article;
4. the applicant/promoter makes a false statement of material
fact on an application for a parade or special event permit;
5. the applicant/promoter fails to provide proof that he
possesses or is able to obtain all licenses and/or permits
required by this code or other city ordinances or by other
applicable law for the conduct of all activities included as
part of the parade or special event;
6. the applicant/promoter fails to notify the businesses
affected by the parade or special event, in writing, of street
closures ten days prior to the event;
7. the applicant/promoter has had a parade or special event
permit revoked within the preceding twelve months or the
applicant/promoter has committed two or more violations
of a condition or provision of a parade or special event
permit or of this article within the preceding twelve
months;
8. the applicant/promoter fails to pay any outstanding costs
owed to the City for past parade or special event permits;
9. the applicant/promoter fails to submit the required fees and
agree in writing to reimburse the City for the estimated
costs for the proposed parade or special event;
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10. the proposed parade or special event would unduly burden
City services;
11. after evaluation by the Special Event Review Committee, it
is determined the City of Coppell, or its citizens, would not
benefit from the parade or special event because:
(a) the permit application does not allow for ample
opportunity to properly plan and prepare for the
parade or special event; or
(b) the parade or special event is not likely to promote
the city in a positive manner; or
(c) the parade or special event is not likely to promote
tourism by attracting visitors; or
(d) the parade or special event is not likely to benefit
Coppell businesses; or
(e) the parade or special event is not likely to promote
family entertainment; or
(f) the parade or special event is not likely to enhance a
sense of community; or
(g) police, fire and other city services will be unduly
burdened or adversely affected by the parade or
special event; and
(h) the parade or special event is reasonably likely to
cause injury to persons or property, to provoke
disorderly conduct or create a disturbance.
H. The City may revoke a parade or special event permit if:
1. the permit holder made a false statement of material fact on
an application for a parade or special event permit.
2. the applicant/promoter has had a parade or special event
permit revoked within the preceding twelve months or the
applicant/promoter/ has committed two or more violations
of a condition or provision of a parade or special event
permit or of this article within the preceding twelve
months.
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3. the applicant/promoter fails to comply with or the parade or
special event is in violation of a condition or a provision of
the parade or special event permit, an ordinance of the city,
or any other applicable law, or
4. the applicant/promoter failed to provide a Certificate of
Liability Insurance and endorsement agreement naming the
City of Coppell as additional insured in the amount
designated ten days prior to the event;
5. the applicant/promoter failed to pay any outstanding fees or
estimated costs owed to the City for the parade or special
event permit;
6. the parade fails to begin in a timely manner as determined
by the Police Chief, Fire Chief, Special Event Coordinator,
or their designates.
I. An applicant, promoter or organization shall be limited to no more
than two pParades or special events shall be limited to no more
than two per location or organization per year. City of Coppell
sponsored parades or special events are exempt from this
requirement.
J. The Special Event Review Committee may prescribe licenses and
permits required by other city ordinances, or applicable law,
restrictions, regulations, cost for city services, safeguards, and
other conditions necessary for the safe and orderly conduct of a
parade or special event, to be incorporated into the permit before
issuance.
K. The Special Event Review Committee shall provide the Special
Event Coordinator the estimated cost for city services provided by
their respective department to ensure the safe and orderly operation
of the parade or special event. The Special Event Coordinator will
prepare and provide the applicant/promoter with an invoice
detailing these estimated costs. Payment will be required not less
than five days prior to the date of the parade or special event. If
the actual costs for city services are less than estimated, the City
will issue a refund to the special event applicant/promoter no less
than two weeks after the special event.
L. Block parties and events sponsored by the city of Coppell or
school district(s) within the city of Coppell will be exempt from
fees associated with this ordinance; however, non-profit
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organizations will not be exempt from fees associated with this
ordinance.
Sec. 6-5-6 APPEAL OF DENIAL OR REVOCATION OF PERMIT
If the Special Event Review Committee denies the issuance or revokes a
permit application, the Special Event Coordinator shall send to the
applicant/promoter or permit holder, by certified mail, return receipt
requested, written notice of the denial or revocation, and of the right to an
appeal. The applicant will be refunded one-half of the committee review
application fee only when an alternate date for the parade or special event
is not viable. The decision of the Special Event Review Committee is
final unless the applicant/promoter or permit holder appeals the decision
within three business days to the City Manager, in writing. The City
Manager shall, within three business days after the appeal is filed,
consider all the evidence in support of or against the action appealed and
render a decision either sustaining or reversing the denial or revocation.
The decision of the City Manager shall be final.
Sec. 6-5-7 CONTENTS OF PERMIT
Each block party, parade or special event permit application shall state the
date(s), starting time, ending time, location, and other special conditions or
requirements necessary for the safe and orderly conduct of the block party,
parade or special event. The course of the parade or special event should
be provided in written format including detailed directions as well as in an
illustrated or map format.
Sec. 6-5-8 OPERATING PROCEDURES
A. A block party, parade or special event shall not substantially
interrupt the safe and orderly movement of traffic near the block
party, parade or special event.
B. The City has the right (but not the obligation) to postpone, cancel
or close early the parade or special event because of hazardous
weather or other acts of God or for public safety and welfare. The
City shall have no liability for such postponement, cancellation, or
closure. Further, the City shall have no liability from the failure to
postpone, cancel, or close early the parade or special event under
such conditions.
C. A parade shall move from its point of origin to its point of
termination without unreasonable delays en-route.
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D. Any child participating in a parade or special event must have
adult supervision.
E. Each marching unit, organization or entry in the parade will only
be allowed to conduct one stationary performance at a specified
and approved location during the parade route.
F. A block party, parade or special event shall not interfere with
proper fire and police protection of, or ambulance service to, areas
near the block party, parade or special event or unreasonably
require the diversion of police and fire protection and ambulance
service from other parts of the City.
G. A permit holder shall comply with all directions and conditions
contained within the permit and with all city ordinances and other
applicable laws.
H. The City, when reasonably necessary, may prohibit or restrict the
parking of vehicles along a street or highway or part thereof on a
parade route or part thereof or on the approach to a parade or
special event. The City shall post notice to such effect; and it shall
thereafter be unlawful for any person to park, leave, or strand any
unattended vehicle in violation thereof.
I. The City, when reasonably necessary, may temporarily close or
restrict the use of City streets or other public property for a parade
or special event. The Director of Engineering is authorized to
install temporary traffic control devices for the temporary closure
or restriction of City streets and public property for parades or
special events. It shall be unlawful for any person to disregard or
disobey any such temporary traffic control device.
J. The City, when deemed necessary, may require the
applicant/promoter of a parade or special event to utilize chip
timing.
K. The driver of any vehicle or animal shall obey the instruction of
any traffic control device applicable thereto placed in accordance
with the City of Coppell Code of Ordinances or the Texas
Transportation Code, unless otherwise directed by a police officer.
L. Speeds greater than 15 miles per hour are not reasonable and
prudent. A person operating a parade float or other parade vehicle
at a speed greater than 15 miles per hour is subject to removal from
the parade by a police officer or other parade official.
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M. Operators of parade floats and other parade vehicles will make
every attempt to keep a maximum of 30 feet between their float
and the float operated directly in front of them. Operators of
parade floats and other parade vehicles that continually lag behind
the steady course of the parade may be removed from the parade
by a police officer or other parade official.
N. Operators of specialized vehicles or performance-enhanced
vehicles in the parade shall be mindful of statutes in the Texas
Transportation Code as they relate to the safe operation of motor
vehicles. Especially Section 545.401. Reckless Driving; Offense.
(a) A person commits an offense if the person drives a vehicle in
willful or wanton disregard for the safety of persons or property.
420(a)(5); “a person may not participate in any manner in an
exhibition of vehicle speed or acceleration.” Additionally, aAny
operator of a vehicle participating in an exhibition of acceleration
will be cited by law enforcement officers and immediately
removed from the parade.
O. Riders of floats must keep all appendages contained within the
float and away from any and all wheel wells.
P. Decorations, equipment and paraphernalia must be firmly attached
to the float or deemed safe by city personnel enforcing the Special
Event Ordinance.
Q. The throwing, tossing, or distribution of candy, beads, or other
material from a parade float or other vehicle is specifically
prohibited. Candy, beads, or other material may be
distributed to spectators by walkers adjacent to parade floats
or other vehicles provided that such distribution does not
interfere with the orderly movement of the parade and no
spectators are required to move into the parade path to
retrieve said material. Any violation of this provision will
result in the parade float or vehicle removal from the parade.
R. All floats or decorated vehicles utilizing portable generators shall
carry a 2A:10BC fire extinguisher with a current inspection tag.
S. Float length shall not exceed 55 feet, including the tow vehicle, nor
shall the width or height exceed 14 feet.
T. The operator of any animal shall obey the instruction of law
enforcement personnel as well as any traffic control device set up
for the parade.
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U. All horses and riders participating in a parade or special event must
be able to demonstrate to designated representatives for the City an
acceptable level of desensitization on the part of the horse(s).
Horses must demonstrate they do not have any uncontrollable
“fight or flight” mechanism when around crowds, noises, flags and
numerous distractions that are possibly around or close by the
horses at such events.
V. All horse riders who wish to participate in any parade or special
event in the City shall attend a pre-parade planning meeting.
Failure to attend shall eliminate the rider or group of riders from
participating in that particular parade or special event.
W. All riders shall sign a standard liability release, which will be
collected by city representative(s) at the pre-planning meeting.
X. All riders must also show their ability to handle their mount in
activities such as a parade or special event where there are crowds
and distractions. The actions of any animal entered into a parade
or special event are the responsibility of the rider/keeper. If an
animal displays behavior that seems to jeopardize the safety of
parade entrants or bystanders, the animal will be subject to
removal from the parade or special event by parade officials.
Y. Riders 12 years of age and up to 16 years of age must show an
acceptable ability to handle their mount at such events and under
the conditions stated above. There must be a ratio of 2:1 17-year-
olds or older for every 12-16 year old rider in the parade.
Additionally, horses ridden by 12-16 year olds must have either a
“catch rope” assembly or halter and lead rope rigging attached to
the horse during the course of the event to aid in gaining control of
the horse immediately if the horse were to show signs of becoming
uncontrollable. Riders of this age group must have either an
experienced horseman/horseperson by them at all times during the
parade or special event either on horseback or walking whereas
this person can take immediate control of the horse using the catch
rope or halter/lead rope device ensuring the safety of the rider and
individual(s) that might be in close proximity to the horse(s).
Z. Riders under the age of 12 years of age will not be allowed to
handle or ride full grown and mature horses at parades or special
events. The only exception that would be considered by the
designated city representative would be where riders under the age
of 12 are paired up and riding very small ponies; i.e., Shetland
ponies and where such a rider has an experienced
Revised 9/14/06 19
horseman/horseperson by their side at all times and the ponies are
equipped with “catch rope” or halter/lead rope assemblies.
AA. The equestrian/animal unit shall provide a list of participants and
proof of insurance liability that would cover the rider and horses as
well as the city from any liability resulting from any incident that
might occur during the parade or special event ten days prior to the
special event or at the pre-parade planning meeting.
BB. Each equestrian/animal unit shall provide their own clean-up crew
and equipment. The clean-up crew shall be positioned directly
behind the unit. Equestrian riders shall be a minimum of twelve
years of age, able to control the animal in crowded situations, and
have adult supervision. Any rider or handler showing an inability
to control their animal will be deemed unsafe by a law
enforcement officer or parade official, and shall be removed from
the parade.
Sec. 6-5-9 INDEMNIFICATION
An applicant/promoter for a parade or special event permit must execute a
written agreement to indemnify the City and its officers and employees
against all claims of injury or damage to persons or property, whether
public or private, arising out of the special event. This indemnification
shall include the following statement:
“LICENSEE shall defend, protect and keep CITY forever harmless and
indemnified against and from any penalty, or any damage, or charge,
imposed for any violation of any law, ordinance, rule or regulations
arising out of the use of the property by the LICENSEE, whether
occasioned by the neglect of LICENSEE, its employees, officers, agents,
contractors, or assigns or those holding under LICENSEE. LICENSEE
shall at all times defend, protect, and indemnify and it is the intention of
the parties hereto that LICENSEE hold CITY harmless against and from
any and all loss, cost, damage, or expense, including attorney’s fees,
arising out of or from any accident or other occurrence on or about the
property causing personal injury, death or property damage resulting from
use of property by LICENSEE, its agents, employees, customers and
invitees, except when caused by the negligence or willful misconduct of
CITY, its officers, employees or agents, and only then to the extent of the
proportion of any fault determined against CITY for its willful
misconduct. LICENSEE shall at all times defend, protect, indemnify and
hold CITY harmless against and from any and all loss, cost, damage, or
expense, including attorney’s fees arising out of or from any and all claims
or causes of action resulting from any failure of LICENSEE, its officers,
Revised 9/14/06 20
employees, agents, contractors or assigns in any respect to comply with
and perform all the requirements and provisions hereof.”
Sec. 6-5-10 OFFENSES
A person commits an offense if he knowingly:
1. commences or conducts a parade or special event without the
appropriate permits or fails to comply with any requirement or
condition of a permit or this article.
2. participates in a parade or special event for which a permit has not
been granted.”
SECTION 2. That all provisions of the ordinances of the City of Coppell in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and
all other provisions of the ordinances of the City of Coppell not in conflict with the
provisions of this ordinance shall remain in full force and effect.
SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase,
or section of this ordinance be adjudge or held to be unconstitutional, illegal or invalid,
the same shall not affect the validity of this ordinance as a whole, or any part or provision
thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall
not affect the validity of the Code of Ordinances as a whole.
SECTION 4. An offense committed before the effective date of this ordinance is
governed by the prior law and the provisions of the Code of Ordinances, as amended, in
effect when the offense was committed and the former law is continued in effect for this
purpose.
SECTION 5. That any person, firm or corporation violation any of the
provisions of this ordinance or of the Code of Ordinances, as amended hereby, shall be
deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City
Revised 9/14/06 21
of Coppell, Texas, shall be subject to a fine not to exceed the sum of Two Thousand
($2,000.00) dollars for each offense, and each and every day said violation is continued
shall constitute a separate offense.
SECTION 6. This ordinance shall take effect from and after its passage and the
publication of the caption as the law and charter provide.
DULY PASSED by the City Council of the City of Coppell, Texas on the
_________ day of _______________________, 2006.
APPROVED:
______________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
______________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
________________________________
ROBERT HAGER, CITY ATTORNEY
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AN ORDINANCE OF THE CITY OF COPPELL
ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
REPEALING ORDINANCE NO. 2003-1065 AND AMENDING THE
CODE OF ORDINANCES OF THE CITY OF COPPELL, TEXAS,
BY REPEALING ARTICLE 6-5, SPECIAL EVENTS, IN ITS
ENTIRETY AND REPLACING WITH A NEW ARTICLE 6-5;
PROVIDING FOR DEFINITIONS; PROVIDING FOR A PERMIT
AND EXEMPTIONS; PROVIDING FOR THE REGULATION OF
BLOCK PARTIES, PARADES AND SPECIAL EVENTS;
PROVIDING FOR APPROVAL OF PLANS; PROVIDING FOR
THE ISSUANCE, DENIAL AND REVOCATION OF A PARADE
OR SPECIAL EVENT PERMIT; PROVIDING FOR THE APPEAL
OF DENIAL OR REVOCATION OF PERMIT; PROVIDING FOR
THE CONTENTS OF PERMIT; PROVIDING OPERATING
PROCEDURES; PROVIDING FOR AN INDEMNIFICATION
STATEMENT; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM
OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
SECTION 1. This ordinance hereby repeals Ordinance No. 2003-1065 in its
entirety; and
SECTION 2. The Code of Ordinances of the City of Coppell, Texas is hereby
amended by amending Article 6-5 in part to read as follows:
“ARTICLE 6-5 – SPECIAL EVENTS
Sec. 6-5-1 DEFINITIONS.
The following words and phrases, when used in this Article, shall, for the
purpose of this article, have the meanings respectively ascribe to them in
this section;
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Applicant means a person or organization who has filed a written permit
application for a block party, parade or special event.
Block party means the use of a residential street for a neighborhood
function in which traffic control is required.
City means the City of Coppell, Texas.
Committee Review is required when the Special Event Coordinator
determines that the parade or special event permit application requires
evaluation by the Special Event Review Committee to determine if
additional city services, supplementary permits and follow-up inspections
will be required.
Concession means a facility at a special event where food or drink is
offered to the public.
Licensee means the applicant, promoter, or organization to whom the
parade or special event permit has been issued.
Non-Committee Review is determined by the Special Event Coordinator
and means the block party, parade or special event permit application does
not require evaluation by the Special Event Review Committee and may
be approved by the Special Event Coordinator.
Non-Profit means not maintained or organized for profit, as recognized
by the State of Texas and the Federal Tax Code.
Parade means the assembly of three or more persons whose gathering is
the common design and purpose of traveling or marching in procession
from one location to another location on a public thoroughfare or right-of-
way to express feelings and beliefs on current political, religious or social
issues. Parade shall include runs, walks, relays, marathons, or similar
events.
Parade Route Notification means signage posted at the affected
intersections or along the trail system one week prior to the event.
Pavilion Rental is administered by Parks and Recreation. All pavilion
rental paperwork is managed and fees collected by Parks and Recreation,
and are completely separate from any and all fees associated with the
Special Event permit application process.
Person means any individual, assumed name entity, partnership,
association, corporation or other organization.
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Permit shall mean the City of Coppell’s agreement giving the
applicant/promoter permission to hold the block party, parade or special
event, on the terms and conditions stated in the permit and subject to the
rules, regulations, and requirements of this Ordinance. The parade or
special event should not be considered approved until committee reviewed
permit applications are signed off by the Special Event Review Committee
and issued to the applicant/promoter or non-committee reviewed
applications are signed off by the Special Event Coordinator and issued to
the applicant/promoter.
Promoter means the person or organization seeking to hold the special
event, including the promoter’s employees, agents, affiliates, successors,
permitted assigns, and other persons controlled by the promoter. The
applicant and the promoter may be the same in some events.
Reimbursable Costs means all costs and expenses incurred by the City
for activities associated with staging of the event, including, without
limitation, the following:
- Utilities services provided to the special event, including all of the
costs of installation, maintenance, and connection.
- Barricades and cones.
- Special Event parking.
- Food services inspection.
- Repair, maintenance and removal of facilities in the event of a
failure of applicant/promoter.
- Repair of streets, alleys, sidewalks, parks and other public
property.
- Police protection.
- Fire protection.
- Emergency medical service.
- Garbage disposal and cleanup.
- Traffic control.
- Other direct costs associated with the special event.
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Sidewalk means that portion of a street intended for the use of pedestrians
that is located between the curb lines, or lateral lines of a roadway, and the
adjacent property lines.
Special Event means a temporary event or gathering, other than those
events defined in this ordinance as a parade, using either private or public
property, which involves one or more of the following activities, except
when the activity is for construction or house moving purposes only:
(a) closing a public street;
(b) blocking or restriction of public property, limiting the use of parks
by the general public, and streets;
(c) offer of merchandise, food, or beverages on public property or on
private property where otherwise prohibited by ordinance;
(d) erection of a tent on public property, or on private property where
otherwise prohibited by ordinance;
(e) installation of a stage, band shell, trailer, van, portable building,
grandstand or bleachers on public property, or on private property
where otherwise prohibited by ordinance;
(f) placement of portable toilets on public property, or on private
property where otherwise prohibited by ordinance; and
(g) placement of temporary no parking signs in a public right-of-way.
Special Event Coordinator shall mean the city employee, as designated
by the City Manager, responsible for reviewing the initial special event
permit application, coordinating meetings between the applicant/promoter
and city representatives, and collecting special event permit fees. The
Special Event Coordinator shall chair the Special Event Review
Committee.
Special event/parade permit means approval from the City or its
designated representative for a parade or special event. The parade or
special event should not be considered approved until committee reviewed
permit applications are signed off by the Special Event Review Committee
and issued to the applicant/promoter or non-committee reviewed
applications are signed off by the Special Event Coordinator and issued to
the applicant/promoter.
Special Event Review Committee shall mean a committee consisting of a
representative from each of the following city departments: Building
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Inspections, Emergency Management, Environmental Health, Fire, Human
Resources/Risk Management, Parks & Recreation, Police, Streets, and
additional city staff as determined by the Special Event Coordinator upon
review of the Special Event permit application. The Special Event Review
Committee will meet on a monthly basis, or as needed. The Special Event
Review Committee shall review the parade or special event permit
application and procure from the applicant/promoter such clarifications
and additional information necessary for the approval, denial or revocation
of the permit using the outlines within this ordinance. The Special Event
Review Committee and other related city personnel shall enforce the
Special Events Ordinance.
Street means the entire width between the boundary lines of every way
publicly maintained, when any part is open to the use of the public for
purposes of vehicular travel.
Sec. 6-5-2 PERMIT REQUIRED; EXEMPTIONS
A. A person commits an offense if he engages in, participates in, aids,
or commences a parade or special event within the city without
first making written application for and receiving a parade or
special event permit from the City.
B. No parade or special event permits shall be required under this
article for the following:
1. the Armed Forces of the United States of America, the
military forces of the State of Texas, political subdivisions
of the State of Texas, and the forces of the police and fire
departments acting within the scope of their duties.
2. a funeral procession proceeding by a vehicle under the
most reasonable route from a funeral home, church, or
residence to the place of service or place of internment.
3. a peaceful demonstration at a fixed location which is not a
street.
4. a sidewalk procession which observes and complies with
the traffic regulations and traffic control devices, using that
portion of a sidewalk nearest the street, but at no time using
more than one-half of the sidewalk.
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Sec. 6-5-3 PERMIT APPLICATION
A. A person desiring to hold a block party, parade or special event
shall apply for a permit by filing with the Special Event
Coordinator a written permit application upon a form provided for
that purpose. Each parade and special event permit application
shall be accompanied by an application fee in the amount outlined
in the City’s Master Fee Schedule approved by City Council for
committee and non-committee review. A permit application for a
parade or special event shall be made not less than sixty days prior
to the date and time of the commencement of the parade or special
event. An application for a block party shall be made not less than
twenty-one days prior to the date and time of the commencement
of the block party. The Special Event Coordinator and/or the
Special Event Review Committee may waive the twenty-one or
sixty-day filing requirements for a block party, parade or special
event if the Special Event Coordinator and/or the Special Event
Review Committee determines that the permit application can be
processed in less than twenty-one or sixty days, taking into
consideration the type of block party, parade or special event. If
the parade or special event permit application is submitted later
than the required time as stated above, an expedited review fee
may be required, the amount shall be outlined in the City’s Master
Fee Schedule approved by City Council.
B. Parade or special event permit applications will be processed on a
first come basis and no parade or special event will be considered
an annual event tied to a specific date. Parade or special event
permit applications will not be accepted more than a year in
advance for a specific date.
C. A block party, parade or special event permit application must
contain the following information:
1. the name, address, telephone number, email address, date
of birth, and driver’s license number of the
applicant/promoter, and, of any other persons responsible
for the conduct of the block party, parade or special event;
2. a description of the parade or special event and the
requested dates and hours of operation of the block party,
parade or special event;
3. a set of detailed plans showing the area to be used during
the special event including proposed structures, tents,
fences, barricades, signs, banners, and restroom facilities;
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4. the time and location of street closings, if any are requested
for the block party, parade or special event;
5. details of the offer of merchandise or serving of food or
alcoholic beverages at the parade or special event;
6. details of how the applicant/promoter will clean up the area
used after the parade or special event;
7. the parade’s commencement and termination time, the
starting and termination points, and the specific route to be
traveled provided in written format including detailed
directions as well as in an illustrated or map format;
8. the estimated number of persons to participate in the parade
or special event;
9. the estimated number, if any, of animals, animals and
riders, animal-drawn vehicles, floats, motor vehicles,
motorized displays, and marching units or organizations
such as, but not limited to bands, color guards, and drill
teams;
10. prior approval by the Parks & Recreation Department to
use the trail system or park facilities for a special event, if
applicable;
11. proof of non-profit status; and
12. copy of contract, agreement, or details outlining
arrangement between applicant and promoter upon request.
Sec. 6-5-4 APPROVAL OF PLANS
A. When considering approval of a permit application, the Special
Event Review Committee may consider (without limitation) the
following factors:
1. whether the permit application allows for ample
opportunity to properly plan and prepare for the parade or
special event; or
2. whether the parade or special event is likely to promote the
city in a positive manner; or
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3. whether the parade or special event is likely to promote
tourism by attracting visitors; or
4. whether the parade or special event is likely to benefit
Coppell businesses; or
5. whether the parade or special event is likely to promote
family entertainment; or
6. whether the parade or special event is likely to enhance a
sense of community; or
7. whether, police, fire and other city services will be unduly
burdened or adversely affected by the parade or special
event; and
8. whether the parade or special event is reasonably likely to
cause injury to persons or property, to provoke disorderly
conduct or create a disturbance.
B. No person shall be discriminated against on the grounds of race,
color, national origin or disability.
C. The applicant/promoter should consider the parade or special event
approved upon receipt of the permit application executed by the
Special Event Review Committee or Special Event Coordinator
prior to the start of the special event for (without limitations) the
plans described below.
D. The City, by approving such plans, assumes no liability or
responsibility therefor.
E. The following plans shall be required or specific procedures or
guidelines may be mandated by the city department(s) enforcing
specific plan(s) and specifications related to the parade or special
event:
1. Facilities: a comprehensive set of plans and specifications
relating to all temporary facilities to be constructed or
utilized for the special event. A building permit from the
Building Inspections Department is required.
2. Fire Protection: a comprehensive plan for prevention of
fires and for adequate protection of persons and property in
the event of a fire, including, without limitation, adequate
exits, fire extinguishers, adequate access for fire trucks and
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emergency vehicles. The fire protection plan shall be
coordinated through the office of the Fire Marshal.
3. Food and Beverage Service: a comprehensive plan to
provide food and beverage concessions. The
Environmental Health Department shall approve the plan.
4. Emergency Medical Service: a comprehensive plan to
provide adequate emergency medical services at the parade
or special event. The plan shall be coordinated through the
Fire Department.
5. Parking, assembly or disassembly of parade participants: a
comprehensive plan to provide adequate parking for the
proposed parade or special event, including written
permission by all of the owners of land to be used for the
parade, special event or off-site parking.
6. Police Protection: a comprehensive plan providing for
adequate safety, security, traffic and crowd control in
connection with the parade or special event. The plan shall
be coordinated through the Coppell Police Department.
7. Promotional: if applicable, comprehensive plan to
promote, market, and advertise the parade or special event.
Signs and banners shall be permitted through the Building
Inspection Department.
8. Sanitation Plan: a comprehensive plan to insure that the
highest standards of cleanliness, sanitation and recycling
are maintained at the special event including adequate
restroom facilities and appropriate refuse and recycling
containers to accommodate refuse generated by its patrons
and operations and a plan to empty the containers
frequently so as to prevent overflow.
9. Emergency Medical Service, Police Protection, and Fire
Protection beyond that level normally provided will be
supplied by the appropriate City department as deemed
necessary by the Chief of Police, the Fire Chief, or their
designee, at the applicant/promoter’s expense.
10. Emergency Operations Plan: The Emergency Management
Officer shall develop and distribute an emergency plan
intended to provide various options to meet the needs of the
patrons and staff in the event of an emergency, given the
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constraints of the site. It is further intended to function as
an addendum to the City of Coppell’s emergency
management plan.
Sec. 6-5-5 ISSUANCE, DENIAL AND REVOCATION OF A PARADE OR
SPECIAL EVENT PERMIT
A. Upon receipt of an application for a parade or special event permit,
the Special Event Coordinator shall schedule the event on the
appropriate Special Event Review Committee monthly agenda, or
forward the application to Parks and Recreations for authorization
to use a park and/or park trail system on the date(s) requested, or
approve the application.
B. The Parks and Recreation Director or designated representative
will consider authorization of a special event in the park system
based on the park/trail use policy, number of events per year and
impact on city facilities and resources.
C. If it is determined the special event will conflict with events
already scheduled in the park system and possibly cause a shortage
of parking spaces and pedestrian traffic congestion the Parks and
Recreation Director or designated representative may deny or
attempt to reschedule the special event. If an alternate date is not
viable, the applicant will be refunded one-half of the committee
review application fee.
D. The Special Event Review Committee shall meet on a monthly
basis, or as needed, to review pending special event permit
applications. If required, specially called Special Event Review
Committee meetings may be scheduled. The Committee shall
make findings deemed appropriate and approve or deny the permit
application.
E. Should the applicant/promoter for a parade or special event permit
reveal that the route requested would interfere with the orderly
flow of vehicular and pedestrian traffic, the Special Event Review
Committee shall have the authority to establish a reasonable
alternate route and regulate the width of the event.
F. The Special Event Review Committee may deny a parade or
special event permit application when said event for which the
permit is requested would:
1. cross or use as a route, or as part of a route, any of the
following:
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(a) State Highway 121
(b) Highway 635
(c) East Beltline Road
(d) South Beltline Road
(e) Denton Tap Road
(f) Sandy Lake Road
(g) MacArthur Boulevard
2. take place at the same location and/or time as a previously
approved parade, special event, sports activity; or
3. begin during, or within two hours of the start or after the
end of a parade or special event for which a permit has
been granted and follow a route that passes within one-half
mile of any point of the route of the parade or special event
for which a permit has been granted; or
4. unreasonably disrupt the orderly flow of traffic and no
reasonable means of rerouting traffic or otherwise meeting
traffic needs is available; or
5. begin and/or end outside the city limits, unless or until the
applicant/promoter receives approval from the adjacent
City where the parade or special event begins or ends.
G. The Special Event Review Committee may deny a parade or
special event permit application if:
1. the applicant/promoter fails to adequately provide for:
(a) the protection of event participants; or
(b) maintenance of public order in and around the
special event location; or
(c) crowd security; taking into consideration the size
and character of the event; or
(d) emergency vehicle access; or
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(e) safe sanitary conditions for preparation or operation
of food concessions.
2. the applicant/promoter fails to provide a Certificate of
Liability Insurance naming the City of Coppell as
additional insured in the amount designated by the Human
Resources/Risk Management representative to the Special
Event Review Committee. Applicant/promoter must also
provide the Certificate of Liability Insurance and an
Endorsement Agreement not less than ten days prior to the
date of the parade or special event;
3. the applicant/promoter fails to comply with, or the
proposed parade or special event will violate a city
ordinance or other applicable law, unless the prohibited
conduct or activity would be allowed under this article;
4. the applicant/promoter makes a false statement of material
fact on an application for a parade or special event permit;
5. the applicant/promoter fails to provide proof that he
possesses or is able to obtain all licenses and/or permits
required by this code or other city ordinances or by other
applicable law for the conduct of all activities included as
part of the parade or special event;
6. the applicant/promoter fails to notify the businesses
affected by the parade or special event, in writing, of street
closures ten days prior to the event;
7. the applicant/promoter has had a parade or special event
permit revoked within the preceding twelve months or the
applicant/promoter has committed two or more violations
of a condition or provision of a parade or special event
permit or of this article within the preceding twelve
months;
8. the applicant/promoter fails to pay any outstanding costs
owed to the City for past parade or special event permits;
9. the applicant/promoter fails to submit the required fees and
agree in writing to reimburse the City for the estimated
costs for the proposed parade or special event;
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10. the proposed parade or special event would unduly burden
City services;
11. after evaluation by the Special Event Review Committee, it
is determined the City of Coppell, or its citizens, would not
benefit from the parade or special event because:
(a) the permit application does not allow for ample
opportunity to properly plan and prepare for the
parade or special event; or
(b) the parade or special event is not likely to promote
the city in a positive manner; or
(c) the parade or special event is not likely to promote
tourism by attracting visitors; or
(d) the parade or special event is not likely to benefit
Coppell businesses; or
(e) the parade or special event is not likely to promote
family entertainment; or
(f) the parade or special event is not likely to enhance a
sense of community; or
(g) police, fire and other city services will be unduly
burdened or adversely affected by the parade or
special event; and
(h) the parade or special event is reasonably likely to
cause injury to persons or property, to provoke
disorderly conduct or create a disturbance.
H. The City may revoke a parade or special event permit if:
1. the permit holder made a false statement of material fact on
an application for a parade or special event permit.
2. the applicant/promoter has had a parade or special event
permit revoked within the preceding twelve months or the
applicant/promoter/ has committed two or more violations
of a condition or provision of a parade or special event
permit or of this article within the preceding twelve
months.
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3. the applicant/promoter fails to comply with or the parade or
special event is in violation of a condition or a provision of
the parade or special event permit, an ordinance of the city,
or any other applicable law, or
4. the applicant/promoter failed to provide a Certificate of
Liability Insurance and endorsement agreement naming the
City of Coppell as additional insured in the amount
designated ten days prior to the event;
5. the applicant/promoter failed to pay any outstanding fees or
estimated costs owed to the City for the parade or special
event permit;
6. the parade fails to begin in a timely manner as determined
by the Police Chief, Fire Chief, Special Event Coordinator,
or their designates.
I. An applicant, promoter or organization shall be limited to no more
than two parades or special events per year. City of Coppell
sponsored parades or special events are exempt from this
requirement.
J. The Special Event Review Committee may prescribe licenses and
permits required by other city ordinances, or applicable law,
restrictions, regulations, cost for city services, safeguards, and
other conditions necessary for the safe and orderly conduct of a
parade or special event, to be incorporated into the permit before
issuance.
K. The Special Event Review Committee shall provide the Special
Event Coordinator the estimated cost for city services provided by
their respective department to ensure the safe and orderly operation
of the parade or special event. The Special Event Coordinator will
prepare and provide the applicant/promoter with an invoice
detailing these estimated costs. Payment will be required not less
than five days prior to the date of the parade or special event. If
the actual costs for city services are less than estimated, the City
will issue a refund to the special event applicant/promoter no less
than two weeks after the special event.
L. Block parties and events sponsored by the city of Coppell or
school district(s) within the city of Coppell will be exempt from
fees associated with this ordinance; however, non-profit
organizations will not be exempt from fees associated with this
ordinance.
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Sec. 6-5-6 APPEAL OF DENIAL OR REVOCATION OF PERMIT
If the Special Event Review Committee denies the issuance or revokes a
permit application, the Special Event Coordinator shall send to the
applicant/promoter or permit holder, by certified mail, return receipt
requested, written notice of the denial or revocation, and of the right to an
appeal. The applicant will be refunded one-half of the committee review
application fee only when an alternate date for the parade or special event
is not viable. The decision of the Special Event Review Committee is
final unless the applicant/promoter or permit holder appeals the decision
within three business days to the City Manager, in writing. The City
Manager shall, within three business days after the appeal is filed,
consider all the evidence in support of or against the action appealed and
render a decision either sustaining or reversing the denial or revocation.
The decision of the City Manager shall be final.
Sec. 6-5-7 CONTENTS OF PERMIT
Each block party, parade or special event permit application shall state the
date(s), starting time, ending time, location, and other special conditions or
requirements necessary for the safe and orderly conduct of the block party,
parade or special event. The course of the parade or special event should
be provided in written format including detailed directions as well as in an
illustrated or map format.
Sec. 6-5-8 OPERATING PROCEDURES
A. A block party, parade or special event shall not substantially
interrupt the safe and orderly movement of traffic near the block
party, parade or special event.
B. The City has the right (but not the obligation) to postpone, cancel
or close early the parade or special event because of hazardous
weather or other acts of God or for public safety and welfare. The
City shall have no liability for such postponement, cancellation, or
closure. Further, the City shall have no liability from the failure to
postpone, cancel, or close early the parade or special event under
such conditions.
C. A parade shall move from its point of origin to its point of
termination without unreasonable delays en-route.
D. Any child participating in a parade or special event must have
adult supervision.
16 70056
E. Each marching unit, organization or entry in the parade will only
be allowed to conduct one stationary performance at a specified
and approved location during the parade route.
F. A block party, parade or special event shall not interfere with
proper fire and police protection of, or ambulance service to, areas
near the block party, parade or special event or unreasonably
require the diversion of police and fire protection and ambulance
service from other parts of the City.
G. A permit holder shall comply with all directions and conditions
contained within the permit and with all city ordinances and other
applicable laws.
H. The City, when reasonably necessary, may prohibit or restrict the
parking of vehicles along a street or highway or part thereof on a
parade route or part thereof or on the approach to a parade or
special event. The City shall post notice to such effect; and it shall
thereafter be unlawful for any person to park, leave, or strand any
unattended vehicle in violation thereof.
I. The City, when reasonably necessary, may temporarily close or
restrict the use of City streets or other public property for a parade
or special event. The Director of Engineering is authorized to
install temporary traffic control devices for the temporary closure
or restriction of City streets and public property for parades or
special events. It shall be unlawful for any person to disregard or
disobey any such temporary traffic control device.
J. The City, when deemed necessary, may require the
applicant/promoter of a parade or special event to utilize chip
timing.
K. The driver of any vehicle shall obey the instruction of any traffic
control device applicable thereto placed in accordance with the
City of Coppell Code of Ordinances or the Texas Transportation
Code, unless otherwise directed by a police officer.
L. Speeds greater than 15 miles per hour are not reasonable and
prudent. A person operating a parade float or other parade vehicle
at a speed greater than 15 miles per hour is subject to removal from
the parade by a police officer or other parade official.
M. Operators of parade floats and other parade vehicles will make
every attempt to keep a maximum of 30 feet between their float
and the float operated directly in front of them. Operators of
17 70056
parade floats and other parade vehicles that continually lag behind
the steady course of the parade may be removed from the parade
by a police officer or other parade official.
N. Operators of specialized vehicles or performance-enhanced
vehicles in the parade shall be mindful of statutes in the Texas
Transportation Code as they relate to the safe operation of motor
vehicles. Especially Section 545.401. Reckless Driving; Offense.
(a) A person commits an offense if the person drives a vehicle in
willful or wanton disregard for the safety of persons or property.
Additionally, any operator of a vehicle participating in an
exhibition of acceleration will be cited by law enforcement officers
and immediately removed from the parade.
O. Riders of floats must keep all appendages contained within the
float and away from any and all wheel wells.
P. Decorations, equipment and paraphernalia must be firmly attached
to the float or deemed safe by city personnel enforcing the Special
Event Ordinance.
Q. The throwing, tossing, or distribution of candy, beads, or other
material from a parade float or other vehicle is specifically
prohibited. Candy, beads, or other material may be distributed to
spectators by walkers adjacent to parade floats or other vehicles
provided that such distribution does not interfere with the orderly
movement of the parade and no spectators are required to move
into the parade path to retrieve said material. Any violation of this
provision will result in the parade float or vehicle removal from the
parade.
R. All floats or decorated vehicles utilizing portable generators shall
carry a 2A:10BC fire extinguisher with a current inspection tag.
S. Float length shall not exceed 55 feet, including the tow vehicle, nor
shall the width or height exceed 14 feet.
T. The operator of any animal shall obey the instruction of law
enforcement personnel as well as any traffic control device set up
for the parade.
U. All horses and riders participating in a parade or special event must
be able to demonstrate to designated representatives for the City an
acceptable level of desensitization on the part of the horse(s).
Horses must demonstrate they do not have any uncontrollable
“fight or flight” mechanism when around crowds, noises, flags and
18 70056
numerous distractions that are possibly around or close by the
horses at such events.
V. All horse riders who wish to participate in any parade or special
event in the City shall attend a pre-parade planning meeting.
Failure to attend shall eliminate the rider or group of riders from
participating in that particular parade or special event.
W. All riders shall sign a standard liability release, which will be
collected by city representative(s) at the pre-planning meeting.
X. All riders must also show their ability to handle their mount in
activities such as a parade or special event where there are crowds
and distractions. The actions of any animal entered into a parade
or special event are the responsibility of the rider/keeper. If an
animal displays behavior that seems to jeopardize the safety of
parade entrants or bystanders, the animal will be subject to
removal from the parade or special event by parade officials.
Y. Riders 12 years of age and up to 16 years of age must show an
acceptable ability to handle their mount at such events and under
the conditions stated above. There must be a ratio of 2:1 17-year-
olds or older for every 12-16 year old rider in the parade.
Additionally, horses ridden by 12-16 year olds must have either a
“catch rope” assembly or halter and lead rope rigging attached to
the horse during the course of the event to aid in gaining control of
the horse immediately if the horse were to show signs of becoming
uncontrollable. Riders of this age group must have either an
experienced horseman/horseperson by them at all times during the
parade or special event either on horseback or walking whereas
this person can take immediate control of the horse using the catch
rope or halter/lead rope device ensuring the safety of the rider and
individual(s) that might be in close proximity to the horse(s).
Z. Riders under the age of 12 years of age will not be allowed to
handle or ride full grown and mature horses at parades or special
events. The only exception that would be considered by the
designated city representative would be where riders under the age
of 12 are paired up and riding very small ponies; i.e., Shetland
ponies and where such a rider has an experienced
horseman/horseperson by their side at all times and the ponies are
equipped with “catch rope” or halter/lead rope assemblies.
AA. The equestrian/animal unit shall provide a list of participants and
proof of insurance liability that would cover the rider and horses as
well as the city from any liability resulting from any incident that
19 70056
might occur during the parade or special event ten days prior to the
special event or at the pre-parade planning meeting.
BB. Each equestrian/animal unit shall provide their own clean-up crew
and equipment. The clean-up crew shall be positioned directly
behind the unit.
Sec. 6-5-9 INDEMNIFICATION
An applicant/promoter for a parade or special event permit must execute a
written agreement to indemnify the City and its officers and employees
against all claims of injury or damage to persons or property, whether
public or private, arising out of the special event. This indemnification
shall include the following statement:
“LICENSEE shall defend, protect and keep CITY forever harmless and
indemnified against and from any penalty, or any damage, or charge,
imposed for any violation of any law, ordinance, rule or regulations
arising out of the use of the property by the LICENSEE, whether
occasioned by the neglect of LICENSEE, its employees, officers, agents,
contractors, or assigns or those holding under LICENSEE. LICENSEE
shall at all times defend, protect, and indemnify and it is the intention of
the parties hereto that LICENSEE hold CITY harmless against and from
any and all loss, cost, damage, or expense, including attorney’s fees,
arising out of or from any accident or other occurrence on or about the
property causing personal injury, death or property damage resulting from
use of property by LICENSEE, its agents, employees, customers and
invitees, except when caused by the negligence or willful misconduct of
CITY, its officers, employees or agents, and only then to the extent of the
proportion of any fault determined against CITY for its willful
misconduct. LICENSEE shall at all times defend, protect, indemnify and
hold CITY harmless against and from any and all loss, cost, damage, or
expense, including attorney’s fees arising out of or from any and all claims
or causes of action resulting from any failure of LICENSEE, its officers,
employees, agents, contractors or assigns in any respect to comply with
and perform all the requirements and provisions hereof.”
Sec. 6-5-10 OFFENSES
A person commits an offense if he knowingly:
1. commences or conducts a parade or special event without the
appropriate permits or fails to comply with any requirement or
condition of a permit or this article.
2. participates in a parade or special event for which a permit has not
been granted.”
20 70056
SECTION 2. That all provisions of the ordinances of the City of Coppell in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and
all other provisions of the ordinances of the City of Coppell not in conflict with the
provisions of this ordinance shall remain in full force and effect.
SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase,
or section of this ordinance be adjudge or held to be unconstitutional, illegal or invalid,
the same shall not affect the validity of this ordinance as a whole, or any part or provision
thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall
not affect the validity of the Code of Ordinances as a whole.
SECTION 4. An offense committed before the effective date of this ordinance is
governed by the prior law and the provisions of the Code of Ordinances, as amended, in
effect when the offense was committed and the former law is continued in effect for this
purpose.
SECTION 5. That any person, firm or corporation violation any of the
provisions of this ordinance or of the Code of Ordinances, as amended hereby, shall be
deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City
of Coppell, Texas, shall be subject to a fine not to exceed the sum of Two Thousand
($2,000.00) dollars for each offense, and each and every day said violation is continued
shall constitute a separate offense.
SECTION 6. This ordinance shall take effect from and after its passage and the
publication of the caption as the law and charter provide.
21 70056
DULY PASSED by the City Council of the City of Coppell, Texas on the
_________ day of _______________________, 2006.
APPROVED:
______________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
______________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
________________________________
ROBERT HAGER, CITY ATTORNEY
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
City Manager
October 10, 2006
17
✔
RESOLUTION
Consider approval of a Resolution approving the bylaws of the Texas Clean Air cities coalition or coalition of cities and
other local government entities and organizations formed to pursue mutual interests in respect of certain coal-burning
electric power plants proposed for construction in Texas, and to preserve the rights of Texas local governments to
reasonably priced electric energy; accepting membership in said coalition; appointing a representative to serve on
behalf of the city of Coppell; approving payment of a membership assessment; providing an effective date, and
authorizing the Mayor to sign.
The City has previously approved participation this effort. Initial fees are $10,000. The City is guaranteed a voting seat
on the TCACC and possibly on the steering committee. The Steering Committee will be comprised of 5 individuals
including 1 rep each from Dallas and Houston.
Staff recommends approval of this resolution in order to promote the
continued overall goal of Clean Air for the metroplex counties. We
support the organizations goals for unbiased analysis of the proposed
TXU power plant construction.
!CleanAir
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS,
APPROVING THE BYLAWS OF THE TEXAS CLEAN AIR CITIES COALITION (THE
“COALITION”) OR COALITION OF CITIES AND OTHER LOCAL GOVERNMENT
ENTITIES AND ORGANIZATIONS FORMED TO PURSUE MUTUAL INTERESTS IN
RESPECT OF CERTAIN COAL-BURNING ELECTRIC POWER PLANTS PROPOSED
FOR CONSTRUCTION IN TEXAS, AND TO PRESERVE THE RIGHTS OF TEXAS
LOCAL GOVERNMENTS TO PROTECT THEIR AIR QUALITY AND THEIR ACCESS
TO SUFFICIENT AND REASONABLY PRICED ELECTRIC ENERGY; ACCEPTING
MEMBERSHIP IN SAID COALITION; APPOINTING A REPRESENTATIVE TO SERVE
ON BEHALF OF THE CITY OF COPPELL; APPROVING PAYMENT OF A
MEMBERSHIP ASSESSMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Texas local governments and local government organizations are dedicated to
attaining clean air and reasonably-priced electric energy in sufficient quantities; and
WHEREAS, pending plans for the construction of approximately sixteen coal-burning electric
power plants in Texas before 2010 may adversely impact air quality in numerous Texas locales; may
adversely affect local governments’ ability to attain and maintain federally-mandated clean air
standards, may adversely affect the health, morale, and productivity of local government officers and
employees and of local governments’ residents, and may adversely affect the attractiveness, usefulness
of outdoor venues including parks and other entertainment and recreation facilities, and cause
diminution of local government revenue associated with such adverse affects; and
WHEREAS, the Coalition is committed to ensuring that said plants use generation methods
best calculated to minimize air pollution while still providing sufficient electric generating capacity for
Coalition members’ needs at reasonable prices; and
WHEREAS, the Coalition seeks to ensure that the federal and state governmental agencies that
are responsible for permitting said construction provide full and fair consideration of the Coalition’s
concerns, and that appropriate studies, reports, and expert opinions are presented to these agencies in
the course of their decision-making process;
WHEREAS, the adoption of full and fair procedures and standards by state and federal
agencies that adjudicate and adopt rules on environmental matters is of fundamental importance to all
members of the Coalition; and
WHEREAS, failure to attain and maintain federally-mandated clean air standards, insufficient
electric energy, and unreasonably priced electric energy each can substantially and adversely affect,
among other important things, the level of economic activities in the Coalition members’ jurisdictions
and hence their respective tax, franchise, right-of-way compensation and other sources of funding for
their respective general funds including the general fund of the city of Coppell; and
WHEREAS, jointly participating in permitting proceedings and related efforts with other local
governments and local government organizations will allow the city of Coppell to benefit from the
outcome of intervention in these proceedings while minimizing the costs of intervention; and
WHEREAS, upon review and consideration of the Bylaws for the Coalition, the city of
Coppell is of the opinion that it is in the best interest of Coppell and its residents to become a member
of the Coalition, and that an initial membership assessment equal to $10,000 being due and payable on
a date yet to be determined should be remitted to said Coalition in accordance with the By-Laws
thereof; and
WHEREAS, the City Council further finds that ______________________________,
(title)___________________________, should be appointed as the official representative for the city of
Coppell to the Coalition and should be authorized to act and vote in the city of Coppell’s behalf in all
respects in relation to the Coalition including any intervention in permit proceedings and related
appeals or, with the consent of this City Council, other litigation that the Coalition may conduct.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT
Section I. The recitals contained in the preamble of this Resolution are determined to be
true and correct and are hereby adopted as a part of this Resolution.
Section II. The Participation Agreement and Bylaws of the Texas Clean Air Cities
Coalition attached hereto as Exhibit “A,” are hereby approved.
Section III. The Coppell City Council accepts membership in the Coalition.
Section IV. The Coppell City Council hereby approves payment to the Coalition in
accordance with the Participation Agreement and By-Laws of the Coalition of an initial
membership assessment of $10,000 to be due and payable on the dates to be set by the Coalition.
Section V. The Coppell City Council hereby appoints ____________________________,
(title) ________________________________ to serve as the city of Coppell’s representative to the
Coalition and to act on its behalf in all respects in relation to the Coalition including any
intervention in permitting proceedings including related appeals, or other litigation that the
Coalition may conduct, without diminishing the power and authority of the City Attorney to
conduct litigation and of this City Council to approve settlement and matters reserved to the City
Council by Charter. It is understood that before the Coalition commences any litigation not directly
concerned with the permitting proceedings or related appeals, that the Coalition membership other
than associate members will be given reasonable notice and an opportunity to object and that
members who did not approve other litigation that the Coalition authorizes may withdraw from the
Coalition but without refund of any dues or assessments.
Section VI. The Coppell City Council agrees that the Council’s representative is authorized
to take those steps that are reasonable and necessary to comply with the intent of this Resolution.
Section VII. This Resolution shall become effective immediately upon its passage.
DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this
the _______ day of _______________, 2006.
APPROVED:
____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
__________________________________
ROBERT E. HAGER, CITY ATTORNEY
THE STATE OF TEXAS §
§
COUNTY OF __________ §
TEXAS CLEAN AIR CITIES COALITION
PARTICIPATION AGREEMENT AND
BY-LAWS
THESE PARTICIPATION AGREEMENT AND BY-LAWS (“Agreement”) are made
and effective as of ___ day of _______________, 2006, by, between and among the CITY OF
DALLAS, TEXAS ("City”), the CITY OF HOUSTON, TEXAS, and the OTHER MEMBER
LOCAL GOVERNMENT UNITS AND ORGANIZATIONS of the TEXAS CLEAN AIR
CITIES COALITION (the “Coalition” or “TCACC”). 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 members of the Coalition are dedicated to attaining clean air and reasonably-
priced electric energy in sufficient quantities;
WHEREAS, the construction of many coal-burning electric power plants in Texas before 2010
may adversely impact air quality in numerous Texas cities and other local
government jurisdictions including several of the Coalition members and
adversely affect their ability to attain and maintain federally-mandated clean air
standards and adversely affect the health, morale, and productivity of their
officers and employees and of their’ residents, as well as the attractiveness,
usefulness of outdoor venues including parks and other entertainment and
recreation facilities, and diminution of their revenue associated with such adverse
affects;
WHEREAS, the members of the Coalition are committed to ensuring that said plants use
technology and operating processes that minimize air pollution while still
providing sufficient electric generating capacity for their needs at reasonable
prices;
WHEREAS, the Coalition members are deeply concerned that the governmental agencies that
are responsible for permitting said construction may not be using procedures and
standards that provide full and fair consideration TCACC’s concerns, including
procedures and standards that adequately consider the potential cumulative impact
of numerous additional plants and which require the cleanest practicable available
processes and technologies;
WHEREAS, the adoption of full and fair procedures and standards by state and federal agencies
that adjudicate and adopt rules on environmental matters is of fundamental
importance to all members of TCACC;
WHEREAS, failure to attain federally-mandated clean air standards, insufficient electric energy,
and unreasonably priced electric energy each can substantially and adversely
affect, among other important things, the level of economic activities in the the
environs of Coalition members and hence their tax, franchise, right-of-way
compensation and other sources of funding for their respective general funds
including the General Fund of the City;
Texas Clean Air Cities Participation Agreement and By-Laws
Page 2 of 7
WHEREAS, jointly participating in permitting proceedings and litigation and related efforts with
other Coalition members will allow the City to benefit from the outcome of the
litigation while minimizing the costs of litigation and of other efforts; and
NOW THEREFORE,
In consideration of the premises, agreements, covenants and promises set forth herein, it
is agreed as follows:
1.
TCACC and Standing Steering Committee
Membership
The CITY and the other TCACC members hereby form the TEXAS CLEAN AIR
CITIES COALITION (“TCACC”), a Texas not-for-profit unincorporated association. Each
member shall approve its membership in the TCACC and designate its representative to receive
notices and participate in and vote at TCACC meetings. The TCACC shall be composed of all
cities and other local government units and organizations of Texas paying the current
nonrefundable membership fee. The fee for the initial period (approximately one year) is
$10,000 for each member. The members shall elect a Steering Committee consisting of no more
than five (5) persons, each such member being the designated representative to TCACC of a
different member which shall function as the Board of Directors. The Steering Committee shall
at least include a representative from the cities of Dallas and Houston. The remainder of the
representatives shall be selected by the members as of the time of selection based upon diversity
of geographic location and population size. Each member of TCACC and each member on the
Steering Committee shall have one vote as to decisions of their respective bodies.. Meetings of
the Steering Committee shall be open for observation to each member of TCACC whether or not
it has a representative on the Steering Committee. Decisions of TCACC shall be by majority of
members participating in any proceeding or meeting at which a vote is taken. Cities may
participate and vote via telephone and/or via written proxy in form acceptable to the presiding
officer, who shall be the senor officer of the Steering Committee present or otherwise
participating in a proceeding, or if there be none, then a person selected by members
participating at the proceeding. Members who join after the date hereof shall be bound by this
instrument as of the date of their membership after having executed a duplicate counterpart
hereof and delivered it to the secretary/treasurer. Any member may at any time substitute any
other person for any original designated representative to TCACC or for any Original Steering
Committee Member and other Steering Committee member by reasonable notice to the
secretary/treasurer or to any Steering Committee member if the substitution would replace the
secretary/treasurer. Said substitution may be permanent or temporary in accordance with the
notice. The substitution should be described for the minutes of the Steering Committee by the
substitute or by another Steering Committee member at the first opportunity. The substitute
assumes any offices and duties of the replaced member for the duration of the substitution.
2.
Powers of the Steering Committee
The CITY and the members delegate to the Steering Committee the power to commence
litigation in support of and to intervene in, on behalf of TCACC members, either in their
respective individual names or as members of TCACC if TCACC intervenes as an association,
permitting proceedings, rulemaking, and related dockets and appeals thereof, represent the
interests of cities in matters related to or affecting the construction or permitting of electric
generation plants before state and federal legislative, executive, and judicial bodies, and settle,
withdraw from, and pay for such activities. The Steering Committee shall fix the amount of the
Texas Clean Air Cities Participation Agreement and By-Laws
Page 3 of 7
membership fee from time to time, but no more than once within any twelve-month period. A
majority of TCACC members may fix a special assessment in addition to any membership fee.
Notice of the amount and due date for any fee shall be sent to the designated representative of
member. Members may participate and vote via telephone and/or via written proxy in form
acceptable to the presiding officer. Any representative or other designee of any class of member
is eligible to serve on a subcommittee of the Steering Committee unless otherwise decided by the
Steering Committee. Members of any subcommittee may attend any Steering Committee
meeting at which the activities or subject of that subcommittee is to be discussed or reported and
may speak at the discretion of the chair.
3.
Election of Officers
The officers of the Steering Committee shall be a chair, one or more co-chairs, and a
secretary/treasurer. Subcommittee chairs are not by reason of that office Steering Committee
officers. The Steering Committee shall elect a chair and any co-chairs and subcommittee chairs
as it deems necessary and form any subcommittees that the Steering Committee deems advisable.
The Steering Committee shall also elect a secretary/treasurer who shall, among other duties and
powers as may be assigned by the Steering Committee, make, keep current and maintain records
of the meetings and transactions of the Steering Committee, of TCACC subject to legal advice,
monitor invoices submitted to TCACC by professionals and others, the status of their payment,
the reasonableness and necessity of the services represented by said invoices, and of the amounts
thereof, and report on such matters and other financial affairs of TCACC to the Steering
Committee.
4.
Powers of the Officers
Each officer elected shall serve at the pleasure of the Steering Committee up to a term of
four (4) years. The Steering Committee shall elect or re-elect officers at least every four (4)
years. Unless terminated by the Steering Committee or the respective member, the officer shall
perform the duties of office until a replacement has been elected. Meetings of the Steering
Committee and TCACC shall be upon call of the chair or two (2) members of the Steering
Committee. The Steering Committee shall meet at least annually. The chair is authorized by
action of the Steering Committee to engage consultants and attorneys and to pay for such
services. Any attorneys engaged by the chair to represent the TCACC shall report to the
Steering Committee and / or to officers appointed by the Steering Committee for this purpose.
The chair or co-chair shall preside at meetings of TCACC and of the Steering Committee. In the
absence of a chair or co-chair, participating cities shall select a pro tem presiding officer by
majority vote of the cities participating in any meeting or proceeding in person or via telephone.
5.
Classes of Membership
The Steering Committee may establish one or more classes of associate membership in
TCACC for entities with special circumstance such as small size that may allow for lower
membership fees, limited or no voting rights, limited or no eligibility to serve on committees,
and other qualifications, and limits, in recognition of the size of applicants for membership or
other relevant factors. Any entity enjoying any class of membership shall be entitled to attend
and be heard orally or in writing as appropriate at any meeting of TCACC and shall have the
right to attend meetings of the Steering Committee and to be heard at such meeting orally or in
Texas Clean Air Cities Participation Agreement and By-Laws
Page 4 of 7
writing if the Steering Committee is entertaining comments from any non-members of the
Steering Committee. Any member in any class of membership shall have the right to consult
with attorneys representing the Coalition and receive legal advice from such attorneys regarding
matters relevant to TCACC to the same extent as full members who are not members of the
Steering Committee, and shall be bound by the joint litigation agreement embodied in this
instrument. Individuals other than official representatives of local governmental units solely in
their respective representative capacities are not eligible for any class of membership in TCACC.
6.
Termination of Membership
A member may terminate its membership by written notice to the secretary/treasurer
effective upon said officer’s actual receipt of said notice. If a member fails to pay its membership
fee in full within one-hundred eighty (180) days after notification of fee due, that member’s
membership is terminated without further action. A member is considered notified on the day
written notice is sent to its last designated representative on file with the secretary/treasurer. In
the event of such termination, the member shall return all documents reports or similar materials,
including all copies and all electronic files, developed in furtherance of the activities of TCACC
to the chair of the Steering Committee or other person designated by the chair for that purpose.
7.
Money Held in Trust
The officers shall hold and manage all money collected in trust for the benefit of TCACC
and its members collectively. Officers may establish prudent fund accounts that accumulate
funding for activities and to pay authorized expenses. Officers and others member
respresentatives and designees shall serve without pay, but may be reimbursed reasonable out-of-
pocket expenses as approved by the Steering Committee. Any member of any class may request
and receive a statement of TCACC revenues and expenses each year. Instead of maintaining the
accounts of TCACC, the Steering Committee may authorize one or more law firms retained by
TCACC to do so in trust for TCACC, but the Steering Committee and the Secretary/Treasurer
shall monitor, report on, and be responsible for said account to TCACC by whomever held.
8.
Payment for Performance of Governmental Functions and Services Made from Current
Revenues
By entering into this Agreement, Cityaffirms 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 compensate the TCACC for the services or functions
performed under the contract.
9.
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.
Texas Clean Air Cities Participation Agreement and By-Laws
Page 5 of 7
10.
Entire Agreement
This instrument 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. This instrument may be executed in multiple counterparts, which together shall be
deemed a single instrument. Signatures hereon via telephone facsimile or other electronic,
magnetic, or chemical means shall are deemed to be original signatures.
11.
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.
12.
Immunity
It is expressly understood and agreed that in the execution of this Agreement, neither any
member nor TCACC 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.
13.
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.
14.
Original Members, Officers, and Steering Committee Members
The Original Members of TCACC are the Cities of Dallas and Houston, Texas. The
original designated member of the Original Steering Committee for the City of Dallas is Mayor
Laura Miller and for the City of Houston is Elena M. Marks. Until at least three additional cities
shall join the Coalition and pay their initial membership fees, and designate representatives to the
Coalition, and the five or more member Cities choose a Steering Committee as provided
hereunder, said representatives of Dallas and Houston shall serve as co-chairs of the Original
Steering Committee and each shall have the power and duty to do all things that the Steering
Committee can do hereunder by majority vote, including the power to execute counterparts of
this Agreement on behalf of the Coalition, except that the concurrence of both members of the
Original Steering Committee or their designees shall be necessary to retain counsel and other
professionals and authorize any expenditures.
Texas Clean Air Cities Participation Agreement and By-Laws
Page 6 of 7
15.
Privileged Communications
A joint privilege respecting lawyer-client communications is necessary for the effective
pursuit of litigation and other legal proceedings contemplated by the Coalition. All
communications by and among any members of whatever classes of membership with any
attorney who is representing, or discussing whether to represent, any such member or
representing or considering whether to represent the Coalition (an “Attorney”) shall be privileged
to the fullest extent permitted by law. Each member by joining the Coalition agrees not to
disclose any privileged information received after the date hereof from another member or
Attorney unless the member wishing to disclose the information first obtains the consent of all
other members who may be entitled to claim any privilege or protection with respect to such
information, except to the extent explicitly permitted pursuant to a different section of this
Agreement or by the Steering Committee. This nondisclosure obligation continues after any
member’s membership has terminated for any reason, after the conclusion of any litigation, and
after this Coalition may be dissolved.
16.
Additional Provisions Related to Legal Representation
The members of TCACC acknowledge that it is possible that one or more of the law
firms engaged by the Steering Committee may presently, or may in the future, be engaged in
factually unrelated litigation or other representation in which the law firm is adverse to one or
more of the individual members of TCACC. The members of TCACC agree that the Steering
Committee chair shall have the authority subject to paragraph 4 to engage law firm(s) despite the
fact that the law firm(s) may be engaged in such representation, so long as the representation
involves a factually unrelated matter. The members of the TCACC further acknowledge that at
least one of the law firms likely to be engaged by the Steering Committee, Lowerre & Frederick,
presently represents Environmental Defense in closely related power plant litigation (i.e., the
appeal of the Sandy Creek Energy Associates permit) and is a frequent consultant or counsel for
environmental organizations and local governments in opposition to power plant draft permits.
The members of the TCACC agree that the Steering Committee chair subject to paragraph 4,
nonetheless and subject to such contractual conflicts-of-interest safeguards as the Steering
Committee deems adequate, may engage Lowerre & Frederick on behalf of the TCACC.
Further, the Steering Committee chair may in the chair’s discretion, subject to paragraph 4,
engage additional law firms to represent TCACC where the law firm is or may become engaged
in matters factually related to matters for which such firms are to represent TCACC, so long as
such firms are not representing clients whose interests or positions are directly adverse to those
of TCACC in specific matters in which such firms represent TCACC.
17.
Dissolution
TCACC may be dissolved in the same manner as any other unincorporated association
may be dissolved under the laws of the State of Texas or by the vote of more than two-thirds of
its full members. After dissolution, the officers and Steering Committee members retain the
power to wind up the affairs of TCACC. If there remain any funds after payment of TCACC’s
lawful obligations, the surplus shall be refunded to members of all classes in direct proportion to
their respective aggregate payments to TCACC from on and after the date hereof.
Texas Clean Air Cities Participation Agreement and By-Laws
Page 7 of 7
EXECUTED this the ______ day of ________________, 2006, by City, signing by and
through its City Manager, duly authorized to execute same by Resolution No. ______, approved
by the Calls City Council on September 13, 2006, and approved as to form by its City Attorney.
APPROVED AS TO FORM:
THOMAS P. PERKINS, JR.
City Attorney
BY ______________________________
Assistant City Attorney
CITY OF DALLAS
MARY K. SUHM
City Manager
BY ______________________________
Assistant City Manager
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Secretary
October 10, 2006
18
✔✔
PRESENTATION
Consider approval of accepting the resignation of Lawrence Swicegood from the Board of Adjustment and
appointing a new member to fill the unexpired term.
Mr. Swicegood is resigning due to job-related conflicts. There is one year remaining on his term which expires October
2007.
Staff recommends accepting the resignation and appointing a new
member to fill the unexpired term.
%boaresign
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Secretary
October 10, 2006
19
✔✔
PRESENTATION
Consider approval of accepting the resignation of Nancy Yingling from the American Red Cross and appointing a
new member to fill the unexpired term.
Ms. Yingling is resigning her position do to her relocation to California. There is a year remaining on her term which will
expire October, 2007.
Staff recommends approving resignation and appointment of a new
member to fill the unexpired term.
%redcross
DATE: October 10, 2006
ITEM #: 20
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork
DATE: October 10, 2006
ITEM #: 21
AGENDA REQUEST FORM
MAYOR AND COUNCIL REPORTS
A. Report by Mayor Stover regarding the Metroplex Mayors’ Meeting.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
DATE: October 10, 2006
ITEM #: ES-22
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,; and CB
Parkway Business Center, et al vs. City of Coppell, et al.; and City of Dallas
vs. Douglas Stover, et al in the 191st District Court; and City of Coppell, et
al vs. City of Dallas, et al in the 101st District Court.
2. Discussion regarding Sex Offender Ordinance.
B. Section 551.072, Texas Government Code – Deliberation regarding Real
Property.
1. Sale of property South of Bethel and West of Denton Tap.
C. Section 551.087, Texas Government Code – Economic Development
Negotiations.
1. Economic Development Prospects on the west side of Coppell.
Agenda Request Form - Revised 02/04 Document Name: %executivesession
DATE: October 10, 2006
ITEM #: 23
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: October 10, 2006
Department Submissions:
Item No. 6 was placed on the Agenda for the above-referenced City Council
meeting by the Police Department. I have reviewed the Agenda Request
(and any backup if applicable) and hereby submit this item to the City
Council for consideration.
____________________
Police Department
Item Nos. 7, 9/D and 16 were placed on the Agenda for the above-
referenced City Council meeting by the Fire Department. I have reviewed
the Agenda Requests (and any backup if applicable) and hereby submit
these items to the City Council for consideration.
____________________
Fire Department
Item Nos. 9/G, 10, 11, 12 and 13 were placed on the Agenda for the
above-referenced City Council meeting by the Planning Department. I
have reviewed the Agenda Requests (and any backup if applicable) and
hereby submit these items to the City Council for consideration.
____________________
Planning Department
Item Nos. 9/C and 14 were placed on the Agenda for the above-
referenced City Council meeting by the Engineering Department. I have
reviewed the Agenda Requests (and any backup if applicable) and hereby
submit these items to the City Council for consideration.
____________________
Engineering Department
Item No. 9/E was placed on the Agenda for the above-referenced City
Council meeting by the Parks Department. I have reviewed the Agenda
Request (and any backup if applicable) and hereby submit this item to the
City Council for consideration.
____________________
Parks Department
Item No. 9/F was placed on the Agenda for the above-referenced City
Council meeting by the Library Department. I have reviewed the Agenda
Request (and any backup if applicable) and hereby submit this item to the
City Council for consideration.
____________________
Library 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)