CP 2007-01-09
NOTICE OF CITY COUNCIL MEETING AND AGENDA
JANUARY 9, 2007
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)
Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public)
Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public)
Regular Session 7:00 p.m. Council Chambers (Open to the Public)
Notice is hereby given that the City Council of the City of Coppell, Texas will
meet in Regular Called Session on Tuesday, January 9, 2007, at 5:30 p.m. for
Executive Session, Work Session will follow immediately thereafter, and Regular
Session will begin at 7:00 p.m., to be held at Town Center, 255 Parkway
Boulevard, Coppell, Texas.
As authorized by Section 551.071(2) of the Texas Government Code, this
meeting may be convened into closed Executive Session for the purpose of
seeking confidential legal advice from the City Attorney on any agenda item
listed herein.
The City of Coppell reserves the right to reconvene, recess or realign the Work
Session or called Executive Session or order of business at any time prior to
adjournment.
The purpose of the meeting is to consider the following items:
ITEM # ITEM DESCRIPTION
1. Call to order.
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ITEM # ITEM DESCRIPTION
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation with City
Attorney.
1. The City of Coppell and Coppell Independent School District
opposition to a change of zoning request of the Billingsley
Corporation in the City of Dallas, Zoning Case Number Z045-
107; and City of Coppell vs. CB Parkway Business Center VI, et
al in the County Court at Law No. 3,; 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 Coppell Road.
C. Section 551.074, Texas Government Code - Personnel Matters.
1. Deputy City Manager Evaluation.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding proposed Natural Gas Drilling Ordinance and
related items.
B. Update on Visionary and Strategic Work Effort.
C. Discussion regarding March Council meetings.
D. Discussion regarding Legislative Agenda.
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)
4. Convene Regular Session.
5. Invocation.
6. Pledge of Allegiance.
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ITEM # ITEM DESCRIPTION
7. Presentation to the City Council of the "Target National Night Out 2006
Award" from the Coppell Police Department for being selected as the
best program in Category #4 during National Night Out 2006.
8. Presentation recognizing Boy Scouts that have completed Eagle Projects
in the Coppell Parks.
9. Consider approval of a proclamation honoring Collin County Judge Ron
Harris for his years of public service in commitment to regional priorities,
and authorizing the Mayor to sign.
10. Consider approval of a proclamation naming the month of January 2007
as School Board Appreciation Month, and authorizing the Mayor to sign.
11. Consider approval of a proclamation naming January 10, 2007 Matthew
Lasky Appreciation Day, and authorizing the Mayor to sign.
12. Citizens' Appearances.
CONSENT AGENDA
13. Consider approval of the following consent agenda items:
A. Consider approval of minutes: December 12, 2006.
B. Consider approval of a grant between the city of Coppell, the
Coppell Education Development Corporation, and the Lewisville
Independent School District for technology at Durham Middle
School in the amount of $8,872.00, and authorizing the City
Manager to sign.
C. Consider approval of a grant between the city of Coppell, the
Coppell Education Development Corporation, and the Lewisville
Independent School District for technology at Killough High School-
North in the amount of $7,675.00, and authorizing the City Manager
to sign.
D. Consider approval of a grant between the city of Coppell, the
Coppell Education Development Corporation, and the Lewisville
Independent School District for technology at Lewisville High School
in the amount of $9,917.00, and authorizing the City Manager to
sign.
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ITEM # ITEM DESCRIPTION
E. Consider approval of a grant between the city of Coppell, the
Coppell Education Development Corporation, and the Lewisville
Independent School District for books and supporting technology at
Rockbrook Elementary School in the amount of $41,193.00, and
authorizing the City Manager to sign.
F. Consider approval of a Resolution amending the Bylaws of the
Recreation Development Corporation to approve the use of 4b
proceed funds for the maintenance and operation of the Coppell
Aquatic and Recreation Center, Wagon Wheel Park and the
Coppell Hike and Bike Trail System; and authorizing the Mayor to
sign.
G. Consider approval of an Ordinance for Case No. ZC-620, the Duke
Lesley Addition, zoning change request from A (Agriculture) to LI
(Light Industrial) on Block A, containing 111.6 acres of property and
HC (Highway Commercial) on Blocks B and C, containing 72.9 acres
of property, to allow the development of mixed uses, including
retail, office, hotel and light industrial (office/warehouse) on a total
of 184.5 acres of property located at the northwest corner of IH-635
and Beltline Road and authorizing the Mayor to sign.
END OF CONSENT
14. PUBLIC HEARING:
Consider approval of a Resolution granting a variance of one hundred
(100') feet to Good Spirits #4115 (Albertsons) from the 300-foot prohibited
requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16-2
of the Code of Ordinances, to a business selling or offering for sale
alcoholic beverages, with a business address being 110 Sandy Lake Road;
and authorizing the Mayor to sign.
15. PUBLIC HEARING:
Consider approval of a Resolution granting a variance of two hundred
(200') feet to Kroger #448 from the 300-foot prohibited requirement under
Ordinance No. 2006-1143, Article 6-16, Section 6-16-2 of the Code of
Ordinances, to a business selling or offering for sale alcoholic beverages,
with a business address being 950 E. Sandy Lake Road; and authorizing
the Mayor to sign.
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ITEM # ITEM DESCRIPTION
16. PUBLIC HEARING:
Consider approval of a Resolution granting a variance of one hundred
fifty (150') feet to Speedy K Mart from the 300-foot prohibited requirement
under Ordinance No. 2006-1143, Article 6-16, Section 6-16-2 of the Code
of Ordinances, to a business selling or offering for sale alcoholic
beverages, with a business address being 600 E. Sandy Lake Road, Suite
100; and authorizing the Mayor to sign.
17. PUBLIC HEARING:
Consider approval of a Resolution granting a variance of one hundred
(100') feet to Tom Thumb #2588 from the 300-foot prohibited requirement
under Ordinance No. 2006-1143, Article 6-16, Section 6-16-2 of the Code
of Ordinances, to a business selling or offering for sale alcoholic
beverages, with a business address being 820 S. MacArthur; and
authorizing the Mayor to sign.
18. PUBLIC HEARING:
Consider approval of Case No. PD-213R-H, Coppell Commons, zoning
change request from H (Historic) to PD-213R-H (Planned Development-213
Revised-Historic) with a Concept Site Plan, to allow the development of 39
townhouse units, recreation, open space and common areas on 5.561
acres of property located along the east side of Coppell Road,
approximately 210 feet north of Bethel Road.
19. PUBLIC HEARING:
Consider approval of Case No. PD-218-LI, Shake and Shingle, to allow for
the recognition of the existing uses on the southern portion of the property
and the construction of four 14,420-square-foot office/warehouse
buildings on the northern portion of this 10.2 acre tract of land located on
the north side of Beltline Road, approximately 350 feet east of North Lake
Drive.
20. PUBLIC HEARING:
Consider approval of the Shake and Shingle Addition, Lot 1R, Block A,
Replat, being a replat of Tract 1 of the Shake and Shingle Addition, to
establish various easements and fire lanes to allow the construction of four
14,420-square-foot office/warehouse buildings on the northern portion of
this 10.2 acre tract of land located along the north side of Beltline Road,
approximately 350 feet east of North Lake Drive.
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ITEM # ITEM DESCRIPTION
21. PUBLIC HEARING:
Consider approval of Case No. ZC-621-H(CH), a Planning and Zoning
Commission called Public Hearing, to amend the Land Use Plan
designation from Light Industrial/Showroom to Historic and further to
rezone from LI (Light Industrial) to H (Historic) on approximately 17.2 acres
of property located along the east side of Hammond Street, north of
Burns, being a portion of the property commonly referred to as the Carter
Crowley Tract.
22. PUBLIC HEARING:
Consider approval of the Amberpoint Business Park at Coppell, Lot 2R-1
and Lot 2R-2X, Replat, being a replat of 64.29 acres of property into two
lots, Lot 2R-2X, containing 8.6 acres (drainage area), and Lot 2R-1,
containing 55.69 acres (office/warehouse), located at the southwest
corner of Sandy Lake Road and Freeport Parkway.
23. Consider approval of the Gateway Business Park No. 3, Lots 1 and 2, Block
A, Site Plan, to allow the construction of an 114,810-square-foot, two-story
office building on Lot 1, containing 9.49 acres of property, and an 110,560-
square-foot, two-story office building on Lot 2, containing 8.60 acres of
land on property, located at the north corner of IH-635 and Freeport
Parkway.
24. PUBLIC HEARING:
Consider approval of the Gateway Business Park No. 3, Lots 1 and 2, Block
A, Minor Plat and Replat, being a replat Gateway Business Park No. 2,
Common Area 1, Block A, containing 0.29 of an acre, and a Minor Plat of
approximately 17.8 acres of property, to establish various easements and
fire lanes and to allow the construction of two, two-story office buildings
on property located at the north corner of IH-635 and Freeport Parkway.
25. Consider approval of the Lauth Park Center, Lot 1, Block A, Site Plan, to
allow the development of a three-story, 68,350-square-foot medical office
on 6.67 acres of property located north and west of the corner of SH 121
and N. Denton Tap Road.
26. Consider approval of the Lauth Park Center, Lots 1 and 2, Block A, Minor
Plat, to establish lot lines and various easements; to allow the
development of a medical office on Lot 1 containing 6.67 acres of
property, and the future development of Highway Commercial uses on
Lot 2, containing 5.69 acres of property located at the northwest corner of
SH 121 and N. Denton Tap Road.
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ITEM # ITEM DESCRIPTION
27. PUBLIC HEARING:
Consider approval of a text amendment to the Code of Ordinances, Sec.
12-30-4.1 and 12-30-12.5 Gravel, Sand, Stone or Petroleum Extraction to
delete the requirement for a Special Use Permit and further approve the
incorporation of Article 9-26, of the Code of Ordinances “Oil and Gas
Drilling and Production,” regulating the drilling and production of oil and
gas wells within the City.
28. Consider approval of a Resolution in support of increased funding for the
Texas Recreation and Parks Account and the State Park System; and
authorizing the Mayor to sign.
29. Consider approval of a Resolution supporting the Coppell Nature Park
Education Center for Wagon Wheel Park in the city of Coppell, Texas; and
authorizing the Mayor to sign.
30. Consider approval of the 2007 Legislative Agenda.
31. Mayor and Council Reports.
A. Report by Mayor Stover regarding Opening of Legislative Session in
Austin.
B. Report by Mayor Pro Tem Faught regarding Make a Child Smile.
C. Report by Mayor Pro Tem Faught regarding Metroplex Mayors’
Meeting.
32. Necessary action resulting from Work Session.
33. Necessary Action Resulting from Executive Session.
Adjournment.
____________________________________
Douglas N. Stover, Mayor
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CERTIFICATE
I certify that the above Notice of Meeting was posted on the bulletin board at
the City Hall of the City of Coppell, Texas on this 5th day of January, 2007 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: January 9, 2007
ITEM #: ES-2
AGENDA REQUEST FORM
EXECUTIVE SESSION
A. Section 551.071, Texas Government Code – Consultation with City Attorney.
1. The City of Coppell and Coppell Independent School District opposition to
a change of zoning request of the Billingsley Corporation in the City of
Dallas, Zoning Case Number Z045-107; and City of Coppell vs. CB Parkway
Business Center VI, et al in the County Court at Law No. 3,; 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 Coppell Road.
C. Section 551.074, Texas Government Code – Personnel Matters.
1. Deputy City Manager Evaluation.
Agenda Request Form - Revised 02/04 Document Name: %executivesession
DATE: January 9, 2007
ITEM #: WS-3
AGENDA REQUEST FORM
WORK SESSION
A. Discussion regarding proposed Natural Gas Drilling Ordinance and related
items.
B. Update on Visionary and Strategic Work Effort.
C. Discussion regarding March Council meetings.
D. Discussion regarding Legislative Agenda.
E. Discussion of Agenda Items.
Agenda Request Form - Revised 02/04 Document Name:
%worksession
LEGISLATIVE PRIORITIES 2007
Contiuue to monitor d partkiiote in dkts related to the streamlined saks tax in order
to minimize its impact on the oity of CqqA's revenues.
Be active md vocal in opposition to pfoparty Cax d revenue caps proposed by the State
Legislature using local coatrol rre tlac Wr for our position.
Support raising the sales tax ceiling in accordance with the Regional Transit Initiative
(RTI).
Monitor and defend any Legislative darts to restrict the use of red light cameras by local
governments.
Oppose all collective bargaining eartr.
Support local law enforcement efforts for stricter penalties for crimes such as car
burglaries, battery, dc.
Oppose all public safety presumption bilk
Oppose transfer of immigration enforcement to local govemmntal units.
Monitor and oppose any dent domain legislation that further erodes a community's
right to acquire public property fbr public purposee.
Monitor refugee laws as it relates to recent hurricane incidents.
LEGISLATIVE ISSUES REPORT
Municipalities throughout the State of Texas are now required to conduct at& and
speed study in order to set speed limits lower tben 30 MPH within a dd district.
A spaad study is required in location where a municipality may wish to lower the
speed limit below 30 MPH in the interests of neighborhood and tra&c safety. These
studies arc expawive and time consuming to conduct.
The City of Cappell is seeking support tbr a change in the sCak; law requiring these
studies. We ask you to support HB 87 intduced by R-vc Rtyao. This
legislation makes it a local option to set sped limits within residentid districts at the
level deamed appropriate by the local municipality without the rcqbmt to duct a
speed study. Out desire is to me legislation that only impacts residential streets aad not
major thoroughfares, highways or hcwzp. In so doing, a municipality can &ectively
protect its midents without being accused of setting speed traps on hroughfams d
highways located throughout our community.
Opposition has developed in recent days based upon the currmt standards requiring speed
studies. We do not deny the fact that a speed study in certain circmn&mcus is warranted.
However, certain road conditions such as width, curvatures, grades and inkmctions
crcate caditions where it is obviously unsafe to travel at 30 miles per hour. Residents
living along these types of streets routinely ask that we post lower speed limib. We also
dve multiple complaints regarding pealing in residential neighborhoods on a
monthly basis.
It is dm undeniable that travelling at o slower speed in a residential neighborhood creates
a dm environment. According to the American Association of State Highway Md
TrrnspMtation Officials' Policy on Geometric Design of Highways and Streets, the
stopping distance of a passenger vehicle travelling at 30 miles per hour on wet pavement
is 200 fcet. The same vehicle can come to a stop in 155 feet when travelling at 25 miles
pea hour.
In our oommunity, many residential drccts arc 28 feet wide. Resident parking is allowed
on both sides of the street as it is in most neighborhoods in our state. The dng
eleven f& of passable street is severely diminished when a child enten the roadway. The
diffkmcc in stopping distance at 25 miles per hour verscs 30 miles pet bow is vital when
a passing motorist is oonhnted with a child or man in the roadway, often
qpming fiom between two parked vehicles.
We have received the support of The Texas Municipal League for this initiative. Several
witnesses testified before the House Transportation Committee in support of this
initiative wha there appears to be support for the initiative. We ask that you support
this issue whem given the chance to do so to assist us in making our Reighbrbods safer
for our residents.
Every bgislrtivt session includes nmmmua bills fUad pbk sa&y. Many of
these kMc bilk related to cdlsotiw k&ng d civil tmvjiC&. OtBI
billriapattdo~shove~NFPA 1710sr~~gh
Load fire service leaden, in MoptrPtion with their locally chuted o~iak, ahadd make
the decbbns tvgtuding what level of tmhcc d stofling is both rp- md
&miable for their respective communitias. l&nd&ng civil sewice, colledve
bare arminhnumstdfhgs~ will siqlyleadtoarorecarptnscdkta
~eogtrol. wdur~youto~my~~to theor
similar initiativa.
LEGISLATIVE ISSUES REPORT
The city d-bu
minimum beb of
the fire gmmd.
- - --
'I. '
The present system has caused many cornmunitiea to take a look at alkrmtive program, which
involved the use of third party vcndm and a civil fine rather than a criminel palty. We realize
there hsa been concern in the previous IegisMve session regarding "big brother" type tactics on
the part of municipalities. Let's not allow thrt "fd to stand in the way of providing an
e@ht macMsm to deal with those who break the law on a daily bds, and at times cbPnge
the lives of other unsuspecting motorists and their pwmngers by their hqoasiMe adom. We
believe the installation of red light camem and their ktqgation into the local enkwmmt and
judicial system should be a high priority of this Legislature, aud urge you b oeaitt in any etlbrt
that will allow municipalities to embark on their individd prows.
Alcohol Beverane Establishments and Local Control
Recently in the Metroplex there has been one community (Mesquite) which has had their
ordinances regarding zoning regullrtiom that impact the location of alcohol beverage
establishments overridden by State law. Of puthulpr oencern to the city of Copptll is the he
of distance limitations that a local govcrnmatt may place on an establishment that laves
dcohalic beverages in relation to schools, aburches, or other public prop@ wh 00 a pork,
community center, etc. We believe that it is
rqmsd thc intwesb of the local papulntioa
We think it is a pdx that in one instance the State allows local elections mgdbg he sale or
serving of alcoholic beverages, but on the other hand wants to remove the controls regarding the
location of said facilities bm 14 govazment. Please ensue that no le~1~ is pwd
which weakems local government control with respect to the citing of establiobmcnts that me or
sell alcoholic bcvemgm.
From: "Megan GompP' <MGompf@dean.net>
To: "Megan Gompf" <MGompf@dean.net>
Date: 1 1 11 612006 1 1 :33:53 AM
Subject: TEX-21 Finalized Resolutions
** High Priority "
Dear TEX-21 members,
Attached please find TEX-21's resolutions, as finalized at last week's Statewide Quarterly Meeting in Fort
Worth, for the 110th United States Congress and the 80th Texas Legislature. I am aware that some
additional issues were raked during committee discussions, and I am currently working on a few
additional resolutions which will be presented before the Executive Committee for approval. I encourage
each of you to share the attached resolutions with your own city or county and to consider incorporating
these resolutions into your own legislative packages.
Thanks so much to everyone who was able to attend last week's Statewide Quarterly Meeting! It was
great to see so many of you in Fort Worth. 1 look fo~lard to partnering together to promote our legislative
priorities in Austin and Washington D.C. in the upcoming year! As always, pleaee feel free to contact me
at 214.750.01 23 or on my mobile at 267.258.8146.
Sincerely,
Megan Gompf
Megan Gompf
Project Coordinator
Dean International
8080 Perk Lane, Suite 600
Dallas, Texas 75231
214.750.0123
CC: <David@&an. net>, "Jean E. Sides" < JSidecb@dmn. ne@, "Laura Fox"
<LFox@ean.net>, "Louis Hill" <LHilk@dean.net>, "Stanford Lynch" <SLyn . ne@, "Trudy Hestet'
<THe&er@dean. net>
Transportation Excellence
for the tlst Century
2007 FEDERAL RESOLUTIONS
7 7 oTH UNITED STA TES CONGRESS
JANUARY 2007
TRANSPURTA~ EXCELLENCE FOR WE 2ISTC~7v~~
Brawm Tous 7k STATCVVIE TR~NSPO~TION Sraw h N- AM DESERVE.
2007 TEX-21 FEDERAL RESOLUTlW8
lfom STATES CONGRESS
Summary
Encourage the Texas Congmsional Delegation to pursue an increase of the
rate of the return on federd gas tax dollars for the State of Tw, calling for
contnued improvement in that rate of return to a lewl of $5 cent8 per
federal tax dolbr paid.
Encourage the Texas Congressional Deleghn to wpport the indexing of
the federal motor fuels tax and b enable the W to increase with grow& in
the economy.
Encourage the Texas Congwional Deleglon to support increasing ihe
numberof Customs and Border (CBT), as WI as U.S. Department of
Agriculture (U SDA), officers in Texas 61 enhance both security and
efficiency at Texas ports.
Encourage the Tms Congmsional Delegation to support the authorization
of funds for nil freight and passenger seeurity improvmb and for mass
transit security programs.
TRLW~P~RTAT/CW EXCELLENCE FOR THE^ 1 ST CENTURY
BRNDND TDU8 TN aATEWlOe TRANRRTATIm WSEM IT PEEOB AM -8
TI mm November 10,2006
Description: Resolution mcouraglng the Texas Congmssional Dolegation to purwe an in- of
the rate of roturn on federal gss tax dollan for the State of Texas, dlii for continued
improvement In that rate of return to a level of % mte per fe&d Paur dew paid.
WHEREAS, Transportation Excellence for the 21' Century (TM-21) is a Wide coelition of cities, counties,
private busin- and other interatad transportation related agencies, collectiwly rqmmting
approximately 70 percent of the population of the State of Texas, focusad on improving TW
transporbtion infrastructure and organid as a private not for profit corporation in the State of Tews; and
WHEREAS, the Texas Congressional Delegation worked diligently to raim Terns' rate of return of fwal fuel dollars
paid by Texans through the passage of SAFETEA-LU, which brings tho return to 91.3 cants for wry
dollar paid and which proposes to increase Taw$ rateof return to 92 cents by 2008; and
WHEREAS, in spite of this purported improvement, Texas still has one of the lowest ratesof return of federal gaeoline
taxes among the 50 states
NOW, THEREFORE, BE IT RESOLVED BY THE TRAN8PORTATIOW U(CELLENCE FOR THE 21"
CENTURY COALITION (TEX-P?):
THAT TM-21 commends the Tern Congressional Dalegation for its efforts to improw and emrages the
Delegation to continue to work to improve the rate of return of federal fuel tax dollars and tu immrdiatdy
expedite the return back to Texaa
THAT TM-21 strongly enwrap the TM-21 Congrmsi onal Caucus, along with Congreeoional members from
other donor states, to achiew a minimum guaranteed return of at lea& 95 cents for miry dollar in fedsral fuel tax
paid by Tmns
THAT this resolution shall be widely arculated to interested perties including the Governor of Ttucaq members
of the Texas Legislature, Texas Transportation Commiseion, TxDOT, Taw Muniapal League, Texas
Assodetion of Counties, Tms Conferem of Urban Counties, atieq awntieq Chambers of Commem, adrool
diab-ich, and other taxing authorities. the media and athers, and is so accordingly ordered.
CONSIDERED AND APPROVED BY THE TRANSPORTATION EXCELLENCE FOR THE 21sT CENTURY
COALITION at 'ts regularly called TM-21 Statcrwii Quarterly Meeting in Fort Wrth, Teocas, this the lath day
of Nomkr, AD., 2006.
ATTESTED BY:
TD(-21 Becutwe Committee
TEX-21
TRAN~TATION EXCELLENCE FOR THE~~ST CENTURY
BR(WOIN0 TEXM THE SATEWlOE TRANSCSTATICN -01 IT MZDE AlO OE(ERMS
Position Fbmlution 2006.1 1-2.
November 10,2008
De6crlption: Resolution encouraging the Tews Congmssional Dekgdon to support the Indexing of
the federal motorfueb tax and to enable the tax to lnwapee with gwth in theewnmy.
WHEREAS. Transportation Excellance for the 21* Century (TM-21) is a atebewide coalition of aties, counties,
private bushasea, and dher interested transportation related agendes, collectiwly repreeenting
approximately 70 percent of the populetion of the State of Tea focused on improving TeW
hanaportation infrastructure and organi- as a private not for profit corporation in the State of Tm and
WHEREAS, the federal motor fuds tax has not been incmsd since 1993 and is not antidpatad to be inad in the
near future, while trafficwlumes and transportahon system co$s continue to emlate at alarming rates;
and
WHEREAS, as the federal motor fuel tax is currently levied per gallon, the tax has I& notable purchasing power for
related capaaty growth and the operation and maintenance of ow transportstion ayakm and will continue
to losa such with further inflationary increase& and
WHEREAS, the indexing of the federal motor fuel taxwould restore its lost purchasing power, thus helping to bridge
the estimated funding gap, allowing deeperately needed transportation capdty improvement projects to
move forward, and aim maintaining the high quality of tramportation system that is key to the cantinuad
economic growth in our State and the nation.
NOW, THEREFORE, BE IT RESOLVED BY THE TRAMPORTATION EXCELLEWE FOR THE 2Im
CENTURY COALITION (TEX-21):
THAT TM-21 strongly enowraw the Texas Congressional Delegation and other members of Congress to
punrue the indexing of the federal motor fuels tax.
THAT this resolution shall be widely circulated to inter- parties induding the Gownor of Texas, members
of the Texas Legislature, Texas Transportation Commi&on, TSOT, Teas Muniapal League, Texas
Assodation of Counties, Texas Conference of Urben Counties, aties, counties, Chambers of Commerce, school
districts and other taxing authorities, the media and others, and is m accordingly ordered.
CONSIDERED AND APPROVED BY THE TRANSPORTATION EXCELLENCE FOR THE 2lST CENTURY
COALITION at its regularly called TEX-21 Statewide Quarterly Wng in Fort Worth, Texas, this the 10th day
of November, AD., 2006.
ATTESTED BY:
TD(-21 Executive Committee
Poeition Resolution 2006.1 1-3.
November 10,2006
Description: Resolutlon encouraging the Texas Congressional Delegation to support increasing the
number of Customs and Border (CBT), as well as U.S. Department of Agrlcultum (USOA),
offlcers in Texas to enhance both security and effidency at Tews ports.
WHEREAS, Transportation Excellence for the 21' Century (TM-21) is a statewide coalition of cities, counties,
private busin- and other interested transportation related agencies, ailectively reprdng
approximately 70 percent of the population of the Stale of Texas, foaraed on improving Tews'
transportation infrastructure and organized as aprivab rot for profit corporation in the State of Te~cas; and
WHEREAS, in approving an amendment to the Port Security Improvement Ad of 2008, the U.S. Senate approved
increasing the total number of new mrity officers at Texas ports, as well as at ports nationwide; and
WHEREAS, despite potentially raising the total number of new security officsrs nationwide, as called for in the Port
Security Improvement Ad, by 1,000, significantly more searrity officers are required to ensure a
thorough survay of cargo and to guarantee the proper operation of surveillance sydms; and
WHEREAS, such an increase in security officers and manpcMer would help to promote enhanced searrity and
eff iaency not on1 y at Texas ports but across the nation.
NOW, THEREFORE, BE IT RESOLVED BY THE TRANSPORTATION EXCELLENCE FOR THE 21m
CENTURY COALITION (TEX-21):
THAT TM-21 strongly enowrages the Texas Congressional Delegation to support increasing Ute number of new
CBT and USDA security officersin Texas.
THAT this resolution shall be widely circulated to interested partie8 including the krnw of Texsls, members
of the Texas Legislature, Texas Tratqwtation Cornmidon, TxDOT, Texas Munidpal Leegue, Texas
Association of Counties, Texas Conference of Urban Counties, cities, counties, Chambers of Commerce, school
distri* and other taxing authorities, the media and others, and is so accordingly ordered.
CONSIDERED AND APPROVED BY THE TRANSPORTATION EXCELLENCE FOR THE 21ST CENTURY
CQALlTlON at iEs regularly called TM-21 Stgtewii Quarterty Meeting in Fort Worth, Texw this the 10th day
of November, AD., 2006.
ATTESTED BY:
TEX-21 Executive Committee
Position Resolution 2006.1 14.
November 10,2006
Description: Resolution encoumging the Texas Congdonal Delegation to supportthe authotlzation
of funds for mil fmight and passenger security improvements md for mass transit
security programs.
WHEREAS, Tramportation Excellence for the 21* Century (TM-21) is a statewide ooalition of aties, counties,
priwte businesses, and othar intere$Ied transportation agencies, collectively representing approximately
70 percent of the populatim of the State of Tws, focused on impraving Texas' traneportatZon
infrastructure and organized as a private not for profit corporation in the State of Texas; and
WHEREAS, the final version of the SAFE Port Addid not mtai n provisions supported by the Senate that would have
provided $1.2 billion for rail freight and passenger rail security improuements and $3.5 billion for mas
transit security grant improvement; and
WHEREAS, on a nationwide basis, the importance of inter-modal freight rail shipments to our countvs mmic
growth and well being has kxMne evident, and in certain parts of the U.S., the use of intercity pamger
rail and mas transit systems has reached an all time high; and
WHEREAS, taking into account racentattada upon international rail and transit systems, a failureto prepare for
similar threats upon American rail and transit systems is a failure to protect those who are
otherwise encouraged to use these mms
NOW, THEREFORE, BE IT RESOLVED BY THE TRANSPORTATION EXCELLENCE FOR THE 21m
CENTURY COALITION (TEX-21):
THAT TD(-21 encourages the Texas Congressional Delegation and others in Congress b pursue the
authorization of funds to support rail freight and passenger rail searrity improvsments, as well as mas transit
security programs.
THAT TM-21 strongly enoxrages the TM-21 Congressional Caucus and other members of Congress b
support much needed rail swrity and mass transit security inifatiws in order to protect those operating and
riding theee systems.
THAT this reslution shall be widely circulated b interested parties induding the Oovernor of Texas, members
of the Texas Legislature, Texas Transportation Commission, TxDOT, Texas Municipal League, Texas
Association of Counties, Texas Conference of Urban Countiw interested aties, counties, Chambers of
Commerce, school districts and other taxing authorities, the media and others, and is so accordingly ordered.
CONSIDERED AND APPROVED BY THE TRANSPORTATION EXCELLENCE FOR THE 2lST CENTURY
COALITION at its regularly called TM-21 Statewide Quarterly Meeting in Fort Worth, Texas, thls the 10th day
of November, AD., 2006.
AlTESTED BY:
TEX-21 Executive Commitbe
Transportation Excellence
for the 2lst Century
2007 STATE RESOLUTIONS
8oTH TEXAS LEGlSLATURE
JANUARY 2007
2007 TEX-21 STATE RE8OLWTI OMS
TWI LEt3lUlME
Summary
2006.1 1-5. Support the discontinuadon of the diversion of transporbtio n user
revenues to non-transportation uses and the eppmpriation of all
revenue generaled from highy user fw ad taxes to fund
transportatio n.
2006.1 1-6. Encourage the Texas Stats Legisletarre to suppoft the indexing of the
state motor fuels Proc, enabling the tex to inctsese with growlh in the
economy, if all revenue in Fund 006 is protected for transpoWon
purposes only.
2006.1 1-7. Support the allocation of highway user fais and transporktion bxa
to the TFBB Mobility Fund and direetfng existing overslrel
overweight regisbtl on fees to that fund.
2006.1 1-8. Support the appropriation and allocation of all funds colW
under the Texas Emissions Reduction Plan and the use of such funds
for emission mductions and other ralrrtsd programs that dm to
improve and menage Tem' air quality, as mll aa, support the
extension of TERP through 2013.
2006 .I 1-9. Support lifesaving state Iegi8id on requiring chitdren to be sscured
in an age and height appropriate child safety seat $yarn until age 8
unless 4'9" tall.
2006.1 1-1 0. Support exenpting the cap on the SWB $ales tiax that is to be used
exclusively for transportation impro~ts and empowring cilies
and counh with the ability to enact lod opZlon transportdon
taxes Mth local voter approval.
2006.1 1-1 I. Support options for counties to addm land use in rapidly growing
unincorporated areas and empwr counties wi4h the ability to
prevent substandard public wrks ini in unincorporated arms.
2007 TEX-21 STATE RESOLUTl OWS
8om TEXAS LEGISLATURE
Summary (continued)
2006.11-12. Support the appropriation and allocation of all funds collected forthe purposeof the Low
Income Vehicle Repair and Assistance Program and the use of such funds for emission
reductions and for other programs that can reduce mobile source air pollution.
2006.1 1-13. Encourage the capitaliz ation of the Rail Relocation lnprovement Fund and the location
of revenue sources not currently directed to Fund 006.
I BRIWM TEXAS M LITATEWIDE TWIN(RIITATI(*I (W- ITN- AM -8
Position Resolution 2006.1 1-5.
November 10,2006
Description: Resolution eupportingthe discontinuation of the diversion of
transportation user mvenues to non-transpotlxtlan uses and the
appropriation of all revenue generatsd from highway user fees and taxes
to fund tnansooMon.
WHEREAS, Tmnqmrtation Excellmc~ for the 21" Century (TM-21) is a statwide amlition of ati- acunties,
pri- Mnc#rees, and ather interested tranqmbtion rel- ageneisrs, colMely repanting
approximately 70 percent of the population of the Stete of Team, foamd on improving TW
transportation infrastructure and organired as a private not for profit corporation in thr, State of Te3llse; and
WHEREAS, maintaining aging highway infrastrudvre throughout Tees, expanding the highmy syatarn capacity for
statewide axmectivity, maintaining urban mobility, and wntinuing Bo alpport s~lonomic growth quires
far greiuter invwtmeni in trampuWon infrastructure tlren is pofdMe with current trwon
rewnues; and
WHWZAS, the Texes Mobility Fund was esiablistwi fo bring new money into the transpoWon funding atmm by
the leveraging of State funds through the eale of bone and
WHMEA8, by constitution8 I law, State Highway Fund 006 gas tax revenues may not be reatlocated to the Texas
Mobility Fund; and
WHEREAS, with the current environment of ever inmasing tramportation capaaty needs and with aging
infrastructure th& requires more of the State's gas tax remue for operation and merintem8~, it is no
longer sound public Mi9 to continue to divert mixisting State trangorbtim menues to n@n-
tmwportation usea
NOW, THEIRBORE, BE IT REWLVED BY THE TRAWFORTATION EXCELLEWE FOR THE 21"
CWTW COALlTlOPI (TEX-a):
THAT TM-21 supports the diacontinuation of the diwrsim of tmqoWon revenues to non-transportation
sowces and the a~xopriation of all revenues from highway usw fees and stab matar fuel% has to fund
trampawon.
THAT this resolution shall be widely arculated to interested parties induding th~ Gownor of Tes~, mmbm
of the Texas Legislature, Texas Transportation Commission, TxDOT, Texas Munidpal League, Texas
Adation of Counties, Texas Conference of Urban Counties, cities, cwnti- Chambers of Cornmema, rohaol
diskrids and otlw tiwing authorities, the media and @hers, and is so accordingly ordered.
CONSIDERED MD APPROVED BY THE TRAN8PORTATION EXCELLEWE FOR THE 2lST CWTURY
CQALlTlON at its rrsgulerrly cr;rlled TM-21 Quarterly Mwthg in Fort Warth, T-, on thii, the 10th dey of
November, AD., 2006.
ArrESTED BY:
TEX-24 Emeutive Committea
Position Resolution 2006.1 1-6.
November 10,2006
DescrSption: Resolution encouraging the Texas State Legislature to supportthe indexing of thestate
motorfuels tax, enabling the tax to Oncream with growth in the economy, if all mvenue in
Fund 006 is protected fortransportation purposeg only.
WHEREAS, Transportation Exwllence for the 21" Century (TEX-21) is a statewide coalition of cities, mnties,
private businesses, and other interested transportation related agenaes, collectively repreoenting
approximately 70 percent of the population of the State of Texas, focrraed on improving Texas'
transportation infrastructure and organid as a private not for profit corporation in the State of Texas; and
WHEREAS, while traffic vdumes and transportation system costs continue to emlate at alarming rates, the state
motor fuels tax was last increaasd in lQQ2 and is not anticipated to be inad in the near future; and
WHEREAS, as the state motor fuel tax is currently levied at 20 cents per gallon, the tax has lost notable purchasing
power for related capecity growth and for the operation and maintenance of our current transportation
system; and
WHEREAS, the purchasing power of the state motor fuel tax will only continue to Wine with further inflationary
increase& and
WHEREAS, the indexing of the state motor fuel tax wwld restore the lost purchasing power of the tax, thus helping to
bridge the estimated transportation funding gap, allowing desperately transportation capacity
improment projects to move forward, and also maintaining the high quality of the transportation sysffem
that is key to the continued economic growth in our State.
NW. THEREFORE, BE IT RESOlVED BY THE TRANSPORTATION EXCELLENCE FOR THE 21"
CENTURY COALITION (TEX-21):
THAT TM-21 strongly encourages the Texas State Legislature to pursue the indexing of the state motor fuels
tax if all revenue in Fund 006 is protected for tran~rbtion purposes only.
THAT indexing of the state motor fuel tax would restore the lost purchasing power of the tax, thus helping to
bridge the estimated transportation funding gap and allowing desperately needed transportation capaaty
improvement projects to move forward, while also maintain ing the high quality of the transpaWon system that
is key to the continued economic growth in our State.
THAT this resolution shall be widely circulated to interested parties induding the Governor of Texag, members
of the Texas Legislature, Texas Transportation Commission, TxDOT, Texas Municipal League, Texas
Association of Counties, Texas Conference of Urbn Cwn ties, cities, cwnties, Chambers of Commerce, school
districts and other taxing authorities, the media and others, and is so accordingly ordered.
CONSIDERED AND APPROVED BY THE TRANSPORTATION EXCELLENCE FOR THE 2lST CENTURY
COALITION at its regularly cased TM-21 Qua- Meeting in Folrt m, Texes, this the 1M day of
November, AD., 2006.
AlTESTED BY:
EX-21 Executive Commsttee
TEX-Z1-
l-7 TRANSP~RTATIC~~ EXCELLENCE FOR THE^? ST CENTURY
ERINQNO TEXAS Ti€ SCATWILE TRANBOITATICW %=EM IT NED8 *M LE8ERVE8
I*. --..-- Pasiti on Resolution 2006.1 1 -7.
November 10,2006
Description: Resolution to allocate highway user fees and transportation taxes to the Texas IUobilii
Fund and to dimct exhting oversizelovennei ght permit and registrartion fees to thatfund.
WHEREAS, Transportation Excellence for the 21* Century (TM-21) is a statewide coalition of cities, counties,
private businesses, and other interested transportation related agencies, collectively repremting
approximately 70 percent of the population of the State of Texas, focused on improving TmSr
transportation infrastructure and organized as a private not for profit corporation in the SWe of Texss; and
WHEREAS, authorirad by Propwition 15, the Texas Mobility Fund (TMF)functions asa revolving bond account and
authorizes grants and loans of money, as well as the iscruance of obligations for financing the
construction, reconstruction, acquisition, operation and expansion of stiqed highways, turnpikes, toll
roads, toll bridges and other mobility projectq and
WHEREAS, $235 million of highway user fees and taxes, along with owrsin?loverweight registration fees, are
currently direded annually to the General Revenue Fund, despite the SteRe'sgrowing reJiance upon bond
debt to pursue and complete mobility projects; and
WHEREAS, the State's critical mobility projects could be completed earlier, at less expense, and with heightened
immediacy under the Texas Mobility Fund due to the leveraging of its funds through the issuance of
transportation bond debt; and
WHEREAS, the Texas Department of Transportation and the Texas Transportation Commission have identified
redireding oversizeloverweight permit and registration feesto the Texas Mobility Fund asone of its
own potential legislative priorities for the 80" a ex as Legislature.
NOW, THEREFORE, BE IT RESOLVED BY THE TRANSPORTATION EXCELLENCE FOR THE 21"
CENTURY COALITION (TEX-21):
THAT TM-21 supports the allocation of state revenue to appropriate transportation funding sources induding
highway user fees and transportation taxes, as well as direding existing oversizdoerweight permit and
registration fees, to the Texas Mobility Fund.
THAT this resolution shall be widely circulated to interested parties induding the Gownor of Terms, members
of the Texas Legislature, Texas Transportation Commission, TxDOT, Texas Muniapal League, Texas
Adation of Counties, Texas Conferenca of Urban Counties, cities, anties, Chambers of Commerce, school
districts and other taxing authorities, the media and others, and is so accordingly ordered.
CONSiDERED AND APPROVED BY THE TRANSPORTATION EXCELLENCE FOR THE 21sT CENTURY
COALITION at its regularly caW TB-21 Quarterly Meeting in Fort Worth, this the 10th day of Nowfber,
AD., 2006.
ATTESTED BY:
TEX-21 Executive Committee
" TRAM~TATION EXCELLENCE FOR THE~~ST CENTURY
BIClNQIlD TDUS TtE WATWIOE TRUIWIITATW WSEM IT- AM DEeRMS
-7zk~-- Pcwltion Resdution 2006.1 1-8.
Noverrrber 10,2008
Dewription: Rseolution supporting the approprSation and allocation of all fun& collected under the
Texas hiasions Reduction Plan and the use of auoh fundsfor embion recdwtb~lb and
other reW program that aim to improve and manage Texas' air qmw, a8 well ae
supporting the extmaion of TfaP through FY2013.
WHEREA8, Transportation Excellence for the 21' Century (TM-21) is a statewide crr~litilrn of aties, ownties,
priwte buaineaees, and other interested tranqortetion related agenalvsi collediwly mprdng
approximately 70 percent of the papullon of the State of Texaq foaroed on improving Taw#
transportation infrastrudure and organized as a prim not for profit carparation in the S8b of TM and
WH€REAS, aeated in 2001 by SB5 and amended in 2003 by HB1385, th~ Texas Emi&ons Reduction Pkn (TERP)
provides wluntary incentives to deer- emissions of nitrogen oxides in non aUaiient and near non
attainment areas in the State; and
WHEREAS, the total amount of funds collected for this prcgram, $130 million per fiml par through 2008, far
the funds that have thus far been appropriated andlor allocated to the program by the State
Legislature; and -
WHEREAS, failing to finance the TERP programs for new technology rBSgerch and development and for emidon
reduction incentive grants is not mnd public policy and prohibi tsTexas f rorn meeting is commitment to
dean air: and
WHEREAS, Texas and its urban areas can meet the challenge and mmitrnent k, dean air thrwgh fully finandng and
extending the Taxas Emiaeim Reduction Plan voluntary inmtiws to reduce emi&ons of nitrogen
0XMea
NOW, THEREFORE, BE IT RESOLVED BY THE TRANSPORTATION EXCELLEWE FOR THE 21"
CmTURY COALITION (TEX-21):
THAT TM-21 encourages that the Stab Legislature to appropriab and allocate all fur& oollecbd for the
purpose of the Texas Emissions Reduction Plan to that program for voluntary indw to deaeeee mi9m
and improw air quality and that TERP be eodended through 2013.
THAT this resolution shall be widely arculetad to inter- parties including the Governor of Texas, members
of the Tems Legislature, Texas Transportation Commission, TxlXT, Tam Muniapd Lepgue, Tem
Adation of Counties, Texas Conference of Urban Cwn ties, aties, countlea Chambers of Cmmem, dml
districts and other taxing authorities, the media and others, and is rto accordingly ordered.
CONSIDERED AM0 APPROVED BY THE TRANWCMTATDN EXCELLENCE FOR THE 2lST CENTURY
COAUTION at L ragubrty called TW-21 Gauafbrly Me&ng in Fort Ww&, Wig ths 10th day of Nmmber,
AD., 2ooe.
AlTESTED BY:
roc-21 ~lauuve Conrmmee
-y-zl
TRAN~'P~RTAT/W EXCELLENCE FOR TWE~?ST CENTURY
BNNQh(O TEXAS TI€ WATEWIOE -ATICW SfLAEU IT- AID OB8eRMS
Position Resolution 2006.1 18.
Novder 10,2006
Description: Resolution supporting the requirement of children to be secured in an age and height
appropriate child passenger safety seat system until age 8 unless 4'9" tall.
WHEREAS, Transportation Excellence for the 21. Century (TM-21) is a statewide amlition of aties, awntie%
private businesses, and other interested transportation agencies, collectively reprecmting approximately
70 percent of the population of the State of Teas, focused on improving Td tranaportation
infrastrudure and organized as a private not for profit corporation in the State of Texas; and
WHEREAS, motor vehide crashes remain the leading cause of death and acquired disability for children between the
ages of 4 and 14 in Texas; and
WHEREAS, 86,729 children ages 4-12 were injured or killed in crasttes as occupants of cars, pidcup trucks, and SUVs
in Texas between 1998-2001 (the mcst recent available data) according to Tens Deparbnent of
Transportation Crash Records Bureau; and
WHEREAS, Texas law requires only children up to age 5 and 38" tall be secured in a child passenger safety ty; and
WHEREAS, the Centersfor Disease Control and Prevention reports that the average child reaches the height of 36" tall
at age 2, which means that in Texas the average child at the age of 2 is no longer required to be in a child
passenger safety seat; and
WHEREAS, the use of belt-position boosb?tr seats lowers the risk of injury to children in crashes by 59% when
compared to the urn of adult safety belts; and
WHEREAS, the Seaetary of the US Department of Transportation has declared that the level of effort from states to
have children ride in booster seats is "unaaxptable;" and
WHEREAS, Congress has approved a total of $25 million, four-year federal initiatitive available to slates that pass and
enforce booster seat laws-a portion of which would be available to Texas for education, enforment
and to providing booster seats to low-income residents if Texas pad the National Highway Traffic
Safety Administration recommendations for children under 4'9" tall to be =red in the appropriate child
passenger safety seat or booster seat system; and
WHEREAS, a recent report from the Department of Public Safety (DPS) recommends that Tews adopt the current
national recommendations concerning the uee of child safety eat pasing a slate law requiring age and
size appropriate safetyhmter seatsfor children up to age 8 unless 4'9" tall; and
WH-S, Terns hospitals report tAat child parengsn inwhd in a matrr vehde waeh oHen suffer mere major
internal om injuries if Rey an, not wreU by e height appropriate child pmger safety rost
and
WHEREAS, the DPS report states that Texas muld reduce the cu6t of health and care needed by $17 million if children
were required to use the appropriate child safety seat or booster.
NOW, THEREFORE, BE IT RESOLVED BY THE TRANSPORTATtOM EX-LB#@E FOR THE 21 "
CENTURY COALITION (TEX-21):
THAT TEX-21 supports life-saving state legislation requiring childran Bo bg u@ursd in an age and hei@
appropriate child passenger seat system until age 8 unless 4'9" tall.
THAT this resolution shall he widely arculated to interested parties induding the C3wmor of Tern, menrbgrs
of the Texas Legidature, Texas Transportation Commission, TW, Taxes Municipal L~QUEI, Tern
Assodation of Counties, Taws Conference of Urban Counties, Cities, Counties, Chambers of Comma, shoo1
districts and other trudng authorities, the media and others, and is so accordingly ordered.
CONSIDERED AND APPROVED BY THE TRANSPORTATION EXCELLENCE FOR THE 2lST CENTURY
COALITION at a regularly called TEX-21 Quarterly Meeting in Fort Worth, thi the 10th day of Nowmber, A.D.,
2008.
ATTESTED BY:
TEX-21 Executive ComnWe
Twc-i21 mL TTRANSPORTATION ~CELLENCE FOR THE 21ST C~NTURY
BRlNQlW TEUls TI€ STATEWILE TRAN8PORTATION SYSTEM IT WEE- AN) LE-
Position Resolution 2006.11-10.
November 10,2006
Dewription: Realution exempting the cap on the state rleg tax that is to be ured exclusively for tranaportation
improvements and empowering citles and counties with the ability to enact local option
tranftportation taxes with laal voter approval.
WHEREAS, Transportation Excellence for the 21* Century (TEX-21) is a atatewide coalition of aties, counties,
private businesses, and other inter- transportation agencies, collectively representing approximately
70 percant of the population of the State of Tm focud on improving Texas' &an-on
infrastructure and organized as a private not for profit corporation in the State of Texas; and
WHEREAS, cities and counties who are currently not members of a transit egenq and who are interesded in joining
such an agenq to provid etransit service to their respective communities have generally already dedicated
needed tax revenue to economic development or tax relief; and
WHEREAS, those cities and counties interested in tranaportation improvements or in joining a transit agency are
currently precluded from doing so due to a lack of room under the wi&ting stats aales tax cap; and
WHEREAS, local governments la& the authority to generate additional mrce9 to provide the additional source9 of
funding for new transportation infrastructure and to provide improved transportation serviw to its
citizens, reduce roadway congestion, improve safety, and meet airquality standards; and
WHEREAS, many rural atiesand counties arepreduded from taking advantage of otllerwise available state and federal
transportation and transit dollars, as they are unable to meet the local match, and with this local aption,
would be able to provide much needed transportation services to rural communities.
NOW, THEREFORE, BE IT RESOLVED BY THE TRANSPORTATION EXCELLENCE FOR THE 21-
CENTURY COALITION (TEX-21):
THAT TEX-21 supports legidation that would empower local governments to enad a local option tranqwtation
tax subject to voter approval in order to address the gap txdwm cities and cwnties' present transportation
funding needs.
THAT this resolution &all be widely arculated to inter- parties induding the Governor of Texas, members
of the Texas Legislature, Texas Transportation Cornmiasion, TxDOT, Texas Municipal League, Texas
Adation of Counties, Texas Conference of Urban Counties, Cities, Counties, Chambers of Commerce, school
distrids and other taxing authorities, the media and others, and is so accordingly ordered.
CONSIDERED AND APPROVED BY THE TRANSPORTATION MCELLENCE FOR THE 21m CENTURY
COALITION at a regularly called TEX-21 Quarterly Meeting in Fort Vlrbrth, this the 10th day of November, A.D., 2006.
ATTESTED BY :
TM-21 Executive Come
TRAW~TATIW fxCULENC€ FOR THE 2 f ST &NTC"R.Y
WINO TEXAB W ETATfWlOE TMWPMTATION 8VSTUI IT 1SEDS W
l%wsMon 12mutrm m.11-11.
November 10, 2006
Darscriptien: ~Iu~ urppdng @ions far c~ufttiss W addrum hnd ure in rapMIy rewisyl ~@llt&WpmBd 1, arm and ologmerhg ceu~W with the sbll&y t@ prevent abmnM pa tfe Ilr in
unincorp0raQsd am&
WHBRelClg,
tramporMan infrastrudure and organid asa private not for profit cow in the 8Celu of Tewe and
WHEREAS, a8 counties currently haw no authority wr planning and zoning or dewdopment
uninmrpeaabed areas, de8 are forced to be for
dsvsloper public work iniWws brougM on by urban oprawi; and
WHEREAS, this presents a significant burdan to dfrw looated in rural
io&lecr atmming from dewtopar (uhMrd initiotiver in
WHEREAS, counties necad the authority B damlop public work stadwds for the imprwment of unirmrp-d arm
of the umty that cwid he imporatad into a city.
NQ#l, TMSREPe BE IT WSOLVEO BY THE TWAfSFQRTATlOH EXmLkETGE POR THE PI"
cEwmJm CQALITIS# (m-21):
THAT TM-21 bnwm the State legidare to ~~DWW auttka with optlaw for addr;eclsng Dmd ws and
dev&pment rck in rapidly gmwing uninm arrwrc wid for pFevonEi~lg suh?w@ad Wkc wfks
iniWvse in those amas
THAT this regdwtion ahall k widely amladed to inlereeQed partree induding tho QawKnw ad Te~ar, mmbm
of the Tema Legidature, Tereo TfmprrWon Commimh, M, Terns Muaidpa5 Lga~lw, Tam
A;ceodatlon of Counties, Tm Conferen08 d Urban Cant& sties, caabies, Ctram of Commm, shod
dlatri* and and Wng autiwities, the media and othm and 18 to avmdIngly ortkmd.
CONSIDERED AND APPROVED BY THE TRAMSPURTATION MCELLEMCE Fm THE 2lN WNlWRY
COALITION at its regularly dled TM-P1 Quarterly Meeting in Fwt Worlh, Texgs Ma, the 10th day of Nmm$er,
A.D.,2NB.
m-21
TRANSPORTATION ~CELLENCE FOR THE 21s~ CENTURY
slllNQN0 TEXAS TI€ STATEWS TRAHQORTATION IT HEMB DE4ER&S
Positlorn MutPsn 2006.1 1 -1 2.
November 10,2008
Doscriptian: Rwiutbn wrpportrng the WproprUion and allwMon of all fwd8 mllssled fm Ute purgm of the
Law Incam Vehlek Rapair and Aamnee Program and the ue of Wlfh finds lk edmh
reduetions and for dher pwrans that trn reduce nab& wu re 8ir pdlclsiaa.
WHEREM, Trampomion Excellence for the 21" Century (TM-21) is a &Wide wakiim of dtim counties,
priwte bwsim and other interested transportation relabed apertdes, oolledwly Irg
approximaRply 70 percent of tfw population of the Stpte af Terws, fd on imprdng Td
transpcrtation inf raslructurc and organiBsed as a prim not for profit corpoMm in the 8t@ of Tw and
WHEREA8, crated under HB 2134, nL Legigidahrre, the Low Iname Yehide Repair and AIdstanos Program
(LIRAP) provides mMletary or othsr ampemtory aid to eligible whide mrs tu fix or replace
behides ttwt fail Mhide emissions test in ordgr to bring them into ampliana with emiasion
requirements; and
WHEREAS, the total amount of funds collec&d for this purpose far thefundsthathovethusfarbwn
appropriated to the program by the $We Legislature; and
WHEREAS, failing to provide emidm raducths and other related programs with drendy approprialed funds is not
sand public policy and prohibits those programs from furthetirig fhsir purp for dean air.
FlrOW, THEREFORE, BE IT RESOLVED BY THE TFWWQRTATIUM EXCietLBfhKX FOFP THE 21"
CENTURY CQALITION (TEX-2l):
THAT TM-21 encourages the State Lqialahrre tD require that all funds Golleoted for the pwpw Of the Low
Income Repair and Aasiatence Program be immediately appropriated and allmated to the prwm to help ma
the need for dm air.
THAT this Wulion shall be widely circulated to parties including the Gwmor of Texm, members
of the Teas Legislature, Texas Tra-on Commission, TxDOT, Texec Munidpal Lvl Texas
Asseclation of Counties, Texts Conferam of Urban Counties, dtie, counties, Chanrbers of Commerce, #Jwol
distrids and other Wing authorities, the mdio and other& and is ao accordingly ordmd.
CONSIDERED AND APPROVED BY THE TRANSPORTATION EXCELLENCE FOR THE 21m CENTURY
COALITION aZ itsregularly called TM-21 Quamly Mssting in Fort Wrth, this the 10th doy of Mow, A.D., 2006.
ATTWED BY:
TeX-21 Executhre Camnittee
TRANSPORTATION E~ELLENCE FOR THE 21S~ CENTURY
BRMlNO TEXAS TIlE 8TArrwIDE TWNWCWATIOW SYSTEM IT - *PD CSEWES
Position Resolution 2006.1 1-13.
November 10,2006
--- - -
Description: Resolution encouraginng the capitallation of the Rail mlocatlon Inprovemnt Fund and the
loeation of revenue wrces not currentlvdireoted to Fund 004.
WHEf?EAS, Transportation Excellence for the 21* Century (TM-21) is a atatewide coalition of dtia antnti%q
private Unaeoes, and other iRtore&ed trawpxtation agmcim, dlediay repremtfng approsrimably
70 percent of the population of the Sate of Tecas, focused on improwing T& trtlmporWon
infraatrudre and organid as a privete not for prafit aorporation in the SWe of Texa~ and
WHEREAS, rail lines located in and moving through densely dewloprad, urban amas haw Faid aignlf icant concern
surrounding public sef9ty, c~lgedon; and air quality; and
WHEREAS, the 79" Tms Lwidature's HBl548 and MIRM Mablished the Rail Relm and Impr~eftt Fund,
wing voter appro\wl of a conatiMional amMent, in order to pr& rail acddents, to rb cam@on,
improve f rail cepedtyto incfemecononric oppmtunities, to help impm air quality, and prod& cities
wi.th transit opportunitiss; and
WHEREAS. voters of the State of Texas overwhelmingly ppprovsd Propmitian 1, asdng the Rail Releon and
Improwmmt Fund to provide for the mcwary relocatim, amkrudon, r-Mon, acquioEMan, and
expamion of freightrail facilitisw;and
WHEREAS, theRail Relocation and I mprment Fund, having hem approved by the wtmand aeatedby the $We
Legislature,hasyet to be becapi$lizsd; and
WHEREAS, theTexas Deparhnmtof TranfpxWcn and the TaasTrmrtolion Commirsion Wfidthe apitaliration
ofthi, Rail Relocalion Fund ars oneof ibpadential l~atiwprioritirwforthe80"~ex~a~egid~.
NOW, THEREFORE, BE IT RGSOLVED BY THE TRJIMSPORTATIOH MGELLEMGE FOR THE 21"
CHUTURY COALITION (TM-21):
THAT TM-21 supports legislation that would appropriay eapitalizr, the Rail Retomtion and Improvement
Fund with funds that an not currently Ira to Funel 006 in onler to provide fimcing for the
rdmon, mstrudon, reambudon, acquiaitim, and expansion of rail fadlibieg
THAT &a funds appropriaW to the Rail Relocation and Irnprmant Fund will be mati to ultimately decreeea,
inner dty rail accidents, to prewnt the shipment of hmdous mabriats thmu* dmdy ~QPUCW arm% to
promote increased shipment of freight train and to tmmiqu&y redua, umgadon on Tea~s highways, ad to
enable the Stab to better wmply with federal air quality standards.
THAT this resolution shall be widely circulated to interaatsd perties induding the &wnor of Team, ~~bers
of the Texas Legislature, Texas TranqmrWon Commission, T-, Twm Municipal League, Texas
Adation of Counties, Terns Conference of Urban Counties, intewkd cities, counties, Chembero of
Commerce, dool districts and ohr taxing authoritie& the media and others, and is so mwdingly Mdeted.
CONSIDERED AND APPROVED BY THE TRANSPORTATION EXCELLENCE FOR THE 21" CENTURY
CaALlTlONat itsregularly called TEX-PI Qmterly Meeting in Fort VUwth, this the 10th day of bvemk, A.D., 2006.
ATTESTED BY:
TM-21 Reeutiw Conmime
Dallas-Fort Worth Regional Transportation Council Transportation Legklative Package
(Revised 1 10906)
[Bold Print Below Indicatgs the Proposed Legislative Program
that would be "Actively Pursued'q
Stop Transportation Diversions
Discontinue the diversion of transportation resources and appropriate all
revenues from highway user fees and taxes to fund transportation
Reallocate $235 million of highway user fees and taxes from the General Revenue Fund
to the Texas Mobility Fund
Redirect existing oversizeloverweight permit and registration fees to the Texas Mobility
Fund (fees currently going to the General Revenue Fund)
Oppose legislation that increases the diversion of transportation revenue to non-
transportation uses
Increase the State's 2060 permit fee and sanctions for oversize and overweight vehicles
to more adequately compensate for or reduce roadway damage caused by these
vehicles and commit these funds to the Texas Mobility Fund
Fund TxDOT administrative cost out of the General Revenue Fund
Expand Regional Governance and Streamline Delivery
Clarify the law to ensure that all surplus toll revenue and concession payments
shall be used to fund transportation in the region from which the tolls or fees
were generated
Transfer W-like authorrty and other project delivery capabilities to regions with
existing transportation authorities and tolling agencies:
A) Permit RMA-like authority to NTTA, TxDOT, and transportation authorities to
maximize the flexibility to design, finance, build, and construct projects
B) Permit the MPO and TxDOT to flex concession revenues to passenger
transit and freight goods movement purposes and allow the MPO and
TxDOT other financial authoriw to streamline implementation
C) Authorize TxDOT to set up a trust account in Fund 006 or in a private bank
for the deposit of concession fees, with interest to go back into the account
for use in the region
D) Amend the definition of Transportation and Air Quality Projects in Chapter
228 (State Highway Toll Projects), Texas Transportation Code to include
"transportation planning related activitiesw
E) Establish the institutional capability for a public agency to participate in the
CDA procurement process as a project proponent
F) Require Metropolitan Planning Organizations to report to the Texas
Transportation Commission their positions on the creation of a Regional
Mobility Authority within their regions
Authorize TxDOT to purchase land from a willing seller in advance of completion of the
environmental process
Authorize any court with jurisdiction (as opposed to only county courts of law) to hear
eminent domain cases to improve efficiency
Protect all transportation resources and revenues and the authority and flexibility
achieved with HE 3588 (78& Texas Legislature), HB 2702 (79* Texas Legislature), and
other recent transportation bills
Oppose any legislation designed to undermine the TxDOT/NTTA protocol
Oppose the State taking control over a Regional Tollway Authority (RTA) and oppose
State acquisition of RTA roadways
Authorize the use of technology to support electronic High Occupancy Vehicle
enforcement
lncrease Roadway Revenue
Enable the motor fuels tax to increase with growth in the economy
Increase the motor fuel tax, if all revenue in Fund 006 is constitutionally protected for
transportation purposes only
Empower metropolitan regions to enact a local option transportation tax with
voter approval. This could be a motor fuels sales tax, motor vehicle sates tax,
motor fwls excise tax, andlor motor vehicle registration fee. Th@ general sales
tax should be reserved for transit and street improvement use, and not used for
highway improvements
Allow suspension of driven' licenses and vehicle registrations for failure to pay tolls on
TxDOT, RTA, RMA, or county toll systems
Support legislation that deposits concession fees and surplus toll revenue into the Texas
Mobility Fund if funds are returned to the region or Texas Mobility Funds are created for
regional "trust fund" accounts
Oppose legislation converting NTTA to an entity of county government
Enhance Public Transportation
Support the Joint Recommendations for Regional Rail in North Central Texas
o Request a sales tax exemption for non-attainment areas1 of an amount equal to
the locally authorized transit sales tax with a city-by-city, multiple city corridor,
county, or sub-county vote to maximize local flexibiliF3
Oppose creation of additional transportation authorities in North Central Texas (Transit
related transportation authorities will develop a specific seambss delivery protocol
eliminating the need for additional authorities. Codifying these procedures may
eliminate pressure on continued RMA interest.)
Support recommendations of the Statewide Public Transportation - Health and Human
Service - Work Force Operations Plans which do not result in unfunded mandates
Provide local governments, transit entities, and the State a common base for taxable
goods and services, including any goods and services newly taxed by the Legislature
Improve Goods Mollement
Identify funding source(s) for the Rail Relocation Improvement Fund outside of
existing transportation sources
lrqprove Safety
Permit triple-tandem trucks on exclusive designated lanes within the Trans-Texas
Corridor. Oppose legislation permitting tripbtandem trucks on all other facilities
Oppose legislation to reveme progress made on red-light camera enforcament
and oppose attempts to move revenue streams to the State
' if the region comes into attainment, the mks tax would need to remain in idfed to help emure
mainasnce of the attainment standard. Other areas of the stat@ my wish to talk to thek Iegidative
delegation in order to impkment a tramit sales tax in attainmen? am.
In the Dalhs-Fort Worth region, tram authdtb will recommend election geagmphy to the Regional
Transportation Council. The RTC will request local governments to hoM auGh ebdons mmting ffexibilii
for different etectkin geography to be used in different parts of the m.
This would hl the playing field and permit ex- DART dtietg in tram& mtvic~e areas to go to their
v&m for other prwrams like a crime district, 4.4 or 48.
Improve Air Quality
Support the Texas Emimlons Reduction Plan Pr-m
A) Appropriate to the Texas Emissions Reduction Plan (TERP) Program
(Account 5071) ail funds collected for TERP, including those funds
designated for program administration, air quali research and technology
development and verification that are directed to the nonprofit organkation
based in Houston, Texas, and authorize their use for improving air quality
non-attainment and affected counties
B) Extend the TERP Program through 2013
C) Provide increased funding ($290-$310 million for the biennium)
D) Remove the 8,500 pound gross vehicle weight limit for participation in the
TERP Program, especially for taxi cabs and other highmitting vehicles
Support the Low Income Repair and hktance Program
A) Appropriate all funds collected for this purpose and utiliie such funds for
emission reductions pursuant to HB 161 1 (7gm Texas Legislature) and for
other programs that can reduce mobile source, air pollution
B) Use surplus LlRAP funds to create a regional enforcement task force,
possibly using grants to encourage local government law enforcement
agencies to focus on emission inspection violations
C) Modify title assumption process for local government law enforcement
programs
D) Enhance penalties for inspection station and in-or violations relating to
improper issuance of inspection approval
E) Toughen guidelinesJpenalties for storage facilities that violate inspection
requirements on salvaged vehictes. Require removal of inspection and
registration stickers before vehicles are sent
Support Sustaimble Development Initiatives
A) Provide options for counties to address tand uw in rapidly growing
unincorporated areas
B) Allow Metropolitan Planning Organization selection of projects under the
Statewide Transportation Enhancement Program, encouraging ackfiiional
opportunities to create sustainable development
C) Enhance the ability of counties to prevent substandard public works initiatives
in unincorporated areas
D) Provide new mechanisms for coordination between lmi governments and
transit authorities on land use around rail Wons
E) Require Metropolitan Planning Organizations with a population over one
million to forecast using alternative demographic futum
' Appropriate funds to support the Texas Commission on Environmbl Quality's
Legislative Appropriations Request for the 2008-2009 biennium
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
January 9, 2006
7
✔
PRESENTATION
Presentation to the City Council of the "Target National Night Out 2006 Award" from the Coppell Police
Department for being selected as the best program in Category #4 during National Night Out 2006.
The 23rd Annual National Night Out, which culminated on Tuesday, August 1st, was the largest ever involving 35.2
million people in 11,125 communities from all 50 states, U.S. territories and military bases worldwide. The Coppell Police
Department was selected the best program in category #4 (15,000 - 49,999 population). Coppell celebrated National
Night Out with 43 block parties averaging from 65 to 100 people per party. Over 75% of the city participated in NNO
2006. This is the first year that Coppell has been selected the best program in its' category.
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
January 9, 2007
8
✔
PRESENTATION
Presentation recognizing Boy Scouts that have completed Eagle Projects in the Coppell Parks.
^Eagle Project Recognition- 1AR
PARKS AND RECREATION DEPARTMENT
CITY COUNCIL AGENDA ITEM
Date: January 9, 2007
To: Mayor and City Council
From: Brad Reid, Director of Parks and Recreation
Re: Presentation recognizing Boy Scouts that have completed Eagle Projects in the
Coppell Parks
Background:
Boy Scouts and Troops to be recognized:
Grapevine Springs Park - Reed Verucchi, #842, Mitchell Firoelli, #842, and Nick
Reed, #842
Kid Country Sandbox-Neil Green #840
Coppell Nature Park
Trails-Matt Hansen, Collin Klingemann, #841, James Wilt,#840, Chris Marshall, #841,
Adam Casey, #841, and Kenny Hightower, #840
Benches- Mac Bain, #841
Picnic Tables- Carter Sundermann, #840
Signs- Elliott Ghaly, #840, and Ross Drapalski, #841
Bat Houses-Ben Radcliffe, #840
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 Manager
January 9, 2007
9
✔
PROCLAMATION
Consider approval of a proclamation honoring Collin County Judge Ron Harris for his years of public service in
commitment to regional priorities, and authorizing the Mayor to sign.
Staff recommends approval.
!Judge
PROCLAMATION
WHEREAS, Ron Harris has served the Collin County and its citizens as the County Judge
and presiding officer for the Commissioners Court for 16 years, following his service on the Plano
City Council; and
WHEREAS, Judge Harris is recognized and considered throughout the region and state as
an authority in transportation by testifying before state senate committees, serving as the co-chair
of the Dallas Regional Mobility Coalition, and working with three other county judges to establish
the North Texas Tollway Authority; and
WHEREAS, on the humorous side, Judge Harris has been known for telling a few bald
jokes while on his serious side he has been an advocate for air quality by serving as the co-chair of
the North Texas Clean Air Steering Committee, as well as the chair for the Texas Clean Air
Working Group; and he has been presented the Texas Commission on Environmental Quality
Award and the TNRCC and EPA Environmental Excellence 2001 Award; and
WHEREAS, during his tenure of dedicated leadership, Collin County became one of the
fastest growing counties in the nation; the population has increased by more than 400,000
residents; the President George Bush Tollway was planned and constructed, S.H. 121 frontage
roads were completed; the 9-1-1 county addressing system was developed and implemented by
efforts through his governor-appointed position as chairman of the Advisory Commission on State
Emergency Communications; and Judge Harris was presented the prestigious Road Hand Award
by Texas Good Roads/Texas Department of Transportation and the North Texas Commission
Team Award for his tireless transportation efforts; and
WHEREAS, Judge Harris has been an unwavering advocate and mentor for children and
young adults to improve upon the educational system because those closest to him know that there
is a huge soft spot in his heart for the young; and
WHEREAS, throughout the region, state and nation, professionals and officials credit
Judge Harris with imparting his professionalism, visions, enthusiasm, and work ethic to those
people who have had the good fortune to work with him.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do hereby
proclaim January 9, 2007 as
"RON HARRIS APPRECIATION DAY"
and sincerely thank Judge Ron Harris for his outstanding contributions and pioneering years of
dedicated service as the County Judge for the Collin County Commissioners Court and for the
citizens of Collin County and the region.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to
be affixed this _____ day of January 2007.
______________________________________
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:
City Manager
January 9, 2007
10
✔
PROCLAMATION
Consider approval of a proclamation naming the month of January 2007 as SCHOOL BOARD APPRECIATION MONTH,
and authorizing the Mayor to sign.
Staff recommends approval.
!SchoolBd
PROCLAMATION
WHEREAS, the mission of the public schools is to meet the diverse
educational needs of all children and to empower them to become competent,
productive contributors to a democratic society and an ever-changing world; and
WHEREAS, local school board members are committed to children and
believe that all children can be successful learners, and that the best education is
tailored to the individual needs of the child; and
WHEREAS, local school board members work closely with parents,
educational professionals, and other community members to create the educational
vision we want for our students; and
WHEREAS, local school board members are responsible for ensuring the
structure that provides a solid foundation for our school system; and
WHEREAS, local school board members are strong advocates for public
education and are responsible for communicating the needs of the school district to
the public and the public’s expectations to the district.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell,
do hereby declare my appreciation to the members of the Coppell Independent
School Board, the Carrollton-Farmers Branch Independent School Board, and the
Lewisville Independent School Board, and proclaim the month of January 2007 as
“SCHOOL BOARD APPRECIATION MONTH”
and urge all citizens to join me in recognizing the dedication and hard work of
local school board members, and in working with them to mold an education
system that meets the needs of both today’s and tomorrow’s children.
IN WITNESS THEREOF, I have set my hand and caused the seal of the city
of Coppell to be affixed this _____ day of January 2007.
____________________________
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:
City Manager
January 9, 2007
11
✔
PROCEDURAL
Consider approval of a proclamation naming January 10, 2007 MATTHEW LASKY APPRECIATION DAY, and authorizing
the Mayor to sign.
Staff recommends approval.
!Lasky
PROCLAMATION
WHEREAS, Matthew Lasky is nine-years-old and a fourth-grader at
Lakeside Elementary School in Coppell; and
WHEREAS, on December 5, 2006 Matthew found an envelope in the
parking lot of Grapevine Mills Mall containing cash in the amount of $500; and
WHEREAS, Matthew’s integrity and honesty were put into action when
his first thought was to try to find the rightful owner and return the money; and
WHEREAS, the city of Coppell wishes to recognize Matthew for being a
young person of high integrity and resolve.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell,
do hereby extend my appreciation for the honor Matthew Lasky has brought to
the community by his good deed and do hereby proclaim January 10, 2007 as
"MATTHEW LASKY APPRECIATION DAY"
IN WITNESS THEREOF, I have set my hand and caused the seal of the
city of Coppell to be affixed this _____ day of January 2007.
__________________________________
Douglas N. Stover, Mayor
ATTEST:
_________________________
Libby Ball, City Secretary
DATE: Januaqry 9, 2007
ITEM #: 12
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
January 9, 2007
13/A
✔
PROCEDURAL
Consider approval of minutes: December 12, 2006.
Minutes of the City Council meeting held on December 12, 2006.
Staff recommends approval.
%minutes
MINUTES OF DECEMBER 12, 2006
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, December 12, 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
Billy Faught, Mayor Pro Tem
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Marsha Tunnell, Councilmember (left early)
Marvin Franklin, Councilmember
Bill York, Councilmember
Councilmember Hinojosa-Flores was absent from the meeting. Also present
were City Manager Jim Witt, City Secretary Libby Ball and City Attorney Robert
Hager.
1. Call to order.
Mayor Stover called the meeting to order, determined that a quorum was
present and convened into Executive Session.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, 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.
cm121206
Page 1 of 17
ITEM # ITEM DESCRIPTION
1. Acquisition of property west of Coppell Road and
south of Bethel.
C. Section 551.087, Texas Government Code – Economic
Development Negotiations.
1. Economic Development Prospects on the west side
of Coppell.
Mayor Stover convened into Executive Session at 5:40 p.m. as allowed
under the above-stated article. Mayor Stover adjourned the Executive
Session at 6:15 p.m. and opened the Work Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Review of meeting with local businesses on December 4
regarding alcohol provisions.
B. Discussion regarding the Nature Park.
C. Review and Discussion of proposed Natural Gas Drilling
Ordinance and related items.
D. Discussion regarding appropriate zoning and land use for
the Ardinger Tract.
E. Update on Visionary and Strategic Work Effort.
F. Discussion of Agenda Items.
Councilmember Tunnell left the meeting during the Work Session.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Councilmember York led those present in the Invocation.
6. Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
ag121206
Page 2 of 17
ITEM # ITEM DESCRIPTION
7. Citizens' Appearances.
There was no one signed up to speak under this item.
CONSENT AGENDA
8. Consider approval of the following consent agenda items:
A. Consider approval of minutes: November 28, 2006.
B. Consider approval of a 911 Public Safety Answering Point
Telephone System Upgrade with Verizon Vesta at an
approximate cost of $170,584.00, to be paid from the
designated fund balance from the E-911 Fund; and
authorizing the City Manager to sign.
C. Consider approval of an Ordinance for PD-106R-SF-9,
Hidden Valley, Lot 6, Block C, zoning change request
from PD-106-SF-9 (Planned Development-106 Single
Family-9) to PD-106R-SF-9 (Planned Development-106
Revised-Single Family-9), to allow for a pool and deck to
be constructed along the rear property line, providing a
variance to the required 5-foot setback, at 479 Hidden
Valley Drive, and authorizing the Mayor to sign.
D. Consider approval of an Ordinance for Case No. S-1170R2,
Mariachi Grill with Private Club, zoning change request
from S-1170R (Special Use Permit-1170 Revised) to S-
1170R2 (Special Use Permit 1170 Revision 2), to allow an
approximate 2,200-square-foot restaurant with private
club to be located at 761 S. MacArthur, Suite 101, and
authorizing the Mayor to sign.
E. Consider approval of an Ordinance for text amendments
to Chapter 12 Zoning of the Code of Ordinances, Sec. 12-
42-1, revising the definitions of Convenience Store and
Retail Stores and Shops, Sec. 12-29-3, Sign Regulations,
prohibiting neon signs being visible from outside of the
building, except for “open” signs, and various revisions to
Sec. 12-30-16, SUP regulations for Restaurants.
ag121206
Page 3 of 17
ITEM # ITEM DESCRIPTION
F. Consider approval of an Ordinance for a text amendment
to Chapter 12, Zoning of the Code of Ordinances,
amending Sec. 12-32A-3(K) deleting reference to
requiring the mailing of public notices for
telecommunication facility beyond the notification
required for similar rezonings, as prescribed by state law,
reducing the notification area to 200 feet, and
authorizing the Mayor to sign.
Action:
Mayor Pro Tem Faught moved to approve Consent Agenda Items A, B, C
carrying Ordinance No. 91500-A-443, D carrying Ordinance No. 91500-
A-444, E carrying Ordinance No. 91500-A-445 and F carrying Ordinance
No. 91500-A-446. Councilmember Franklin seconded the motion; the
motion carried 5-0 with Mayor Pro Tem Faught and Councilmembers
Brancheau, Peters, Franklin and York voting in favor of the motion.
9. PUBLIC HEARING:
Consider approval of granting a variance of seventy (70') feet to
Tetco Stores from the 300-foot prohibited requirement under
Ordinance No. 2006-1143, Article 6-16, Section 6-16-2 of the
Code of Ordinances, to a business selling or offering for sale
alcoholic beverages, with a business address being 1301 E.
Beltline.
Presentation:
City Manager Jim Witt made a presentation to the Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember York moved to close the Public Hearing and approve
Resolution No. 2006-1212.1 granting a variance of seventy (70') feet to
Tetco Stores from the 300-foot prohibited requirement under Ordinance
No. 2006-1143, Article 6-16, Section 6-16-2 of the Code of Ordinances,
to a business selling or offering for sale alcoholic beverages, with a
business address being 1301 E. Beltline. Councilmember Peters
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ITEM # ITEM DESCRIPTION
seconded the motion; the motion carried 5-0 with Mayor Pro Tem Faught
and Councilmembers Brancheau, Peters, Franklin and York voting in
favor of the motion.
10. PUBLIC HEARING:
Consider approval of the designation of a reinvestment zone
pursuant to Section 312.201 of the Property Redevelopment
and Tax Abatement Act. The property to be considered for
Reinvestment Zone designation is the property owned by Cabot
II – TX1L01, LP, described as Block A, Lots 2R of Amberpoint
Business Park at Coppell (64.29 acres) and located at the
southwest corner of Sandy Lake Road and Freeport Parkway.
Presentation:
Mindi Hurley, Economic Development Coordinator, made a presentation
to Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember York moved to close the Public Hearing and approve:
Item 10:
The designation of a reinvestment zone pursuant to Section 312.201 of
the Property Redevelopment and Tax Abatement Act. The property to be
considered for Reinvestment Zone designation is the property owned by
Cabot II – TX1L01, LP, described as Block A, Lots 2R of Amberpoint
Business Park at Coppell (64.29 acres) and located at the southwest
corner of Sandy Lake Road and Freeport Parkway;
Item 11:
Ordinance No. 2006-1145 designating Cabot II – TX1L01, LP,
Reinvestment Zone No. 53, and authorizing the Mayor to sign; and
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ITEM # ITEM DESCRIPTION
Item 12:
Resolution No. 2006-1212.2 approving a Tax Abatement Agreement
between the City of Coppell and Cabot II – TX1L01, LP, and authorizing
the Mayor to sign.
Councilmember Brancheau seconded the motion; the motion carried 5-0
with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters,
Franklin and York voting in favor of the motion.
11. Consider approval of an Ordinance designating Cabot II –
TX1L01, LP, Reinvestment Zone No. 53, and authorizing the
Mayor to sign.
This item was considered under Item 10. See Item 10 for minutes.
12. Consider approval of a Resolution approving a Tax Abatement
Agreement between the City of Coppell and Cabot II – TX1L01,
LP, and authorizing the Mayor to sign.
This item was considered under Item 10. See Item 10 for minutes.
13. PUBLIC HEARING:
Consider approval of the designation of a reinvestment zone
pursuant to Section 312.201 of the Property Redevelopment
and Tax Abatement Act. The property to be considered for
Reinvestment Zone designation is the property owned by Texas
Dugan Limited Partnership, described as Lot 4R, Block A,
Freeport North Addition (6.405 acres) and located on Royal
Lane, approximately 1,200 feet north of Bethel Road.
Presentation:
Mindi Hurley, Economic Development Coordinator, made a presentation
to Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
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ITEM # ITEM DESCRIPTION
Action:
Councilmember Peters moved to close the Public Hearing and approve:
Item 13:
The designation of a reinvestment zone pursuant to Section 312.201 of
the Property Redevelopment and Tax Abatement Act. The property to be
considered for Reinvestment Zone designation is the property owned by
Texas Dugan Limited Partnership, described as Lot 4R, Block A, Freeport
North Addition (6.405 acres) and located on Royal Lane, approximately
1,200 feet north of Bethel Road;
Item 14:
Ordinance No. 2006-1146 designating Texas Dugan Limited Partnership,
Reinvestment Zone No. 56, and authorizing the Mayor to sign; and
Item 15:
Resolution No. 2006-1212.3 approving a Tax Abatement Agreement
between the City of Coppell and Texas Dugan Limited Partnership, and
authorizing the Mayor to sign.
Mayor Pro Tem Faught seconded the motion; the motion carried 5-0 with
Mayor Pro Tem Faught and Councilmembers Brancheau, Peters,
Franklin and York voting in favor of the motion.
14. Consider approval of an Ordinance designating Texas Dugan
Limited Partnership, Reinvestment Zone No. 56, and
authorizing the Mayor to sign.
This item was considered under Item 13. See Item 13 for minutes.
15. Consider approval of a Resolution approving a Tax Abatement
Agreement between the City of Coppell and Texas Dugan
Limited Partnership, and authorizing the Mayor to sign.
This item was considered under Item 13. See Item 13 for minutes.
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ITEM # ITEM DESCRIPTION
16. PUBLIC HEARING:
Consider approval of the designation of a reinvestment zone
pursuant to Section 312.201 of the Property Redevelopment
and Tax Abatement Act. The property to be considered for
Reinvestment Zone designation is the property owned by
Coppell Commerce Center, Ltd. with personal property owned
by DaVita Rx, Inc., described as Block D, Lots 1R & 1R1 of the
Northlake 635 Business Park Addition(32.83 acres) and located
at the southwest corner of Belt Line Road and Wrangler Drive.
Presentation:
Mindi Hurley, Economic Development Coordinator, made a presentation
to Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember Franklin moved to close the Public Hearing and approve:
Item 16:
The designation of a reinvestment zone pursuant to Section 312.201 of
the Property Redevelopment and Tax Abatement Act. The property to be
considered for Reinvestment Zone designation is the property owned by
Coppell Commerce Center, Ltd. with personal property owned by DaVita
Rx, Inc., described as Block D, Lots 1R & 1R1 of the Northlake 635
Business Park Addition(32.83 acres) and located at the southwest corner
of Belt Line Road and Wrangler Drive;
Item 17:
Ordinance No. 2006-1147 designating Coppell Commerce Center, Ltd.
(DaVita Rx, Inc.), Reinvestment Zone No. 54, and authorizing the Mayor
to sign; and
Item 18:
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ITEM # ITEM DESCRIPTION
Resolution No. 2006-1212.4 approving a Tax Abatement Agreement
between the City of Coppell and DaVita Rx, Inc., and authorizing the
Mayor to sign.
Councilmember York seconded the motion; the motion carried 5-0 with
Mayor Pro Tem Faught and Councilmembers Brancheau, Peters,
Franklin and York voting in favor of the motion.
17. Consider approval of an Ordinance designating Coppell
Commerce Center, Ltd. (DaVita Rx, Inc.), Reinvestment Zone
No. 54, and authorizing the Mayor to sign.
This item was considered under Item 16. See Item 16 for minutes.
18. Consider approval of a Resolution approving a Tax Abatement
Agreement between the City of Coppell and DaVita Rx, Inc.,
and authorizing the Mayor to sign.
This item was considered under Item 16. See Item 16 for minutes.
19. PUBLIC HEARING:
Consider approval of the designation of a reinvestment zone
pursuant to Section 312.201 of the Property Redevelopment
and Tax Abatement Act. The property to be considered for
Reinvestment Zone designation is the property owned by
International Business Machines Corporation, described as
Block 5, Lots 1 & 2 of the Park West Commerce
Center(29.2871 acres) and located at the northwest corner of
Belt Line Road and Wrangler Drive.
Presentation:
Mindi Hurley, Economic Development Coordinator, made a presentation
to Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
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ITEM # ITEM DESCRIPTION
Action:
Councilmember Peters moved to close the Public Hearing and approve:
Item 19:
The designation of a reinvestment zone pursuant to Section 312.201 of
the Property Redevelopment and Tax Abatement Act. The property to be
considered for Reinvestment Zone designation is the property owned by
International Business Machines Corporation, described as Block 5, Lots
1 & 2 of the Park West Commerce Center(29.2871 acres) and located at
the northwest corner of Belt Line Road and Wrangler Drive;
Item 20:
Ordinance No. 2006-1148 designating International Business Machines
Corporation, Reinvestment Zone No. 50, and authorizing the Mayor to
sign; and
Item 21:
Resolution No. 2006-1212.5 approving a Tax Abatement Agreement
between the City of Coppell and International Business Machines
Corporation, and authorizing the Mayor to sign.
Mayor Pro Tem Faught seconded the motion; the motion carried 5-0 with
Mayor Pro Tem Faught and Councilmembers Brancheau, Peters,
Franklin and York voting in favor of the motion.
20. Consider approval of an Ordinance designating International
Business Machines Corporation, Reinvestment Zone No. 50,
and authorizing the Mayor to sign.
This item was considered under Item 19. See Item 19 for minutes.
21. Consider approval of a Resolution approving a Tax Abatement
Agreement between the City of Coppell and International
Business Machines Corporation, and authorizing the Mayor to
sign.
This item was considered under Item 19. See Item 19 for minutes.
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ITEM # ITEM DESCRIPTION
22. PUBLIC HEARING:
Consider approval of the designation of a reinvestment zone
pursuant to Section 312.201 of the Property Redevelopment
and Tax Abatement Act. The property to be considered for
Reinvestment Zone designation is the property owned by
Industrial Developments International Texas, L.P., described as
Lot 1, Block 1 of Belt Line Trade Center (27.072 acres) and
located on the north side of Belt Line Road, east of Denton Tap
Road.
Presentation:
Mindi Hurley, Economic Development Coordinator, made a presentation
to Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember Franklin moved to close the Public Hearing and approve:
Item 22:
The designation of a reinvestment zone pursuant to Section 312.201 of
the Property Redevelopment and Tax Abatement Act. The property to be
considered for Reinvestment Zone designation is the property owned by
Industrial Developments International Texas, L.P., described as Lot 1,
Block 1 of Belt Line Trade Center (27.072 acres) and located on the north
side of Belt Line Road, east of Denton Tap Road;
Item 23:
Ordinance No. 2006-1149 designating Industrial Developments
International Texas, L.P., Reinvestment Zone No. 52, and authorizing the
Mayor to sign; and
Item 24:
Resolution No. 2006-1212.6 approving a Tax Abatement Agreement
between the City of Coppell and Industrial Developments International
Texas, L.P., and authorizing the Mayor to sign.
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ITEM # ITEM DESCRIPTION
Councilmember Peters seconded the motion; the motion carried 5-0 with
Mayor Pro Tem Faught and Councilmembers Brancheau, Peters,
Franklin and York voting in favor of the motion.
23. Consider approval of an Ordinance designating Industrial
Developments International Texas, L.P., Reinvestment Zone
No. 52, and authorizing the Mayor to sign.
This item was considered under Item 22. See Item 22 for minutes.
24. Consider approval of a Resolution approving a Tax Abatement
Agreement between the City of Coppell and Industrial
Developments International Texas, L.P., and authorizing the
Mayor to sign.
This item was considered under Item 22. See Item 22 for minutes.
25. Consider approval of an Economic Development Agreement by
and between the City of Coppell and Kimberly-Clark Global
Sales, Inc. , and authorizing the Mayor to sign.
Presentation:
Mindi Hurley, Economic Development Coordinator, made a presentation
to Council.
Action:
Councilmember Franklin moved to approve an Economic Development
Agreement by and between the City of Coppell and Kimberly-Clark Global
Sales, Inc. , and authorizing the Mayor to sign. Councilmember York
seconded the motion; the motion carried 5-0 with Mayor Pro Tem Faught
and Councilmembers Brancheau, Peters, Franklin and York voting in
favor of the motion.
26. PUBLIC HEARING:
Consider approval of Case No. ZC-620 The Duke Lesley
Addition, zoning change request from A (Agriculture) to LI
(Light Industrial) on Block A, containing 111.6 acres of
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ITEM # ITEM DESCRIPTION
property and HC (Highway Commercial) on Blocks B and C,
containing 72.9 acres of property to allow the development of
mixed uses, including retail, office, hotel and light industrial
(office/warehouse) on a total of 184.5 acres of property located
at the northwest corner of IH-635 and Beltline Road at the
request of Duke Realty LP, being represented by Jack Evans,
Pacheco Koch Consulting Engineers.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Jim Koch, representing the Applicant, made a presentation to the
Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Mayor Pro Tem Faught moved to close the Public Hearing and approve
Case No. ZC-620 The Duke Lesley Addition, zoning change request from
A (Agriculture) to LI (Light Industrial) on Block A, containing 111.6 acres
of property and HC (Highway Commercial) on Blocks B and C, containing
72.9 acres of property to allow the development of mixed uses, including
retail, office, hotel and light industrial (office/warehouse) on a total of
184.5 acres of property located at the northwest corner of IH-635 and
Beltline Road at the request of Duke Realty LP, being represented by
Jack Evans, Pacheco Koch Consulting Engineers, subject to the following
conditions:
1) Show zoning classification lines going to middle of street right-of-way;
indicate zoning on Lot 1 & 2, Block C; and
2) Design all buildings/screening, and provide landscaping in
conformance with the Zoning Ordinance.
Councilmember Franklin seconded the motion; the motion carried 5-0
with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters,
Franklin and York voting in favor of the motion.
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ITEM # ITEM DESCRIPTION
27. Consider approval of the Duke Lesley Addition, Blocks A, B and
C, Preliminary Plat, to establish Blocks A, B and C, allowing for
the submission of final plats prior to the development on 184.5
acres of property located at the northwest corner of IH-635
and Beltline Road at the request of Duke Realty LP, being
represented by Jack Evans, Pacheco Koch Consulting
Engineers.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Action:
Councilmember Brancheau moved to approve the Duke Lesley Addition,
Blocks A, B and C, Preliminary Plat, to establish Blocks A, B and C,
allowing for the submission of final plats prior to the development on
184.5 acres of property located at the northwest corner of IH-635 and
Beltline Road at the request of Duke Realty LP, being represented by
Jack Evans, Pacheco Koch Consulting Engineers, subject to the following
conditions:
1) Meet all requirements of the Subdivision Regulations and all other city
codes;
2) Show proposed zoning for each lot and block; and
3) Change match line number on Sheet 1 from See Sheet 4 to See Sheet
3.
Councilmember Peters seconded the motion; the motion carried 5-0 with
Mayor Pro Tem Faught and Councilmembers Brancheau, Peters,
Franklin and York voting in favor of the motion.
28. Consider approval of the Duke Lesley Addition, Final Plat of
Lesley Drive and the Extension of Dividend Drive and two
building sites, Lots 1 & 2, Block C, to allow the construction of
West Point Blvd. and the extension of Dividend Drive,
containing approximately 11.54 acres of property, platting of
Lots 1 & 2 containing 17.394 and 5.05 acres respectively,
located north of IH-635 and west of Beltline Road at the
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ITEM # ITEM DESCRIPTION
request of Duke Realty LP, being represented by Jack Evans,
Pacheco Koch Consulting Engineers.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Action:
Councilmember Franklin moved to approve the Duke Lesley Addition,
Final Plat of Lesley Drive and the Extension of Dividend Drive and two
building sites, Lots 1 & 2, Block C, to allow the construction of West
Point Blvd. and the extension of Dividend Drive, containing
approximately 11.54 acres of property, platting of Lots 1 & 2 containing
17.394 and 5.05 acres respectively, located north of IH-635 and west of
Beltline Road at the request of Duke Realty LP, being represented by
Jack Evans, Pacheco Koch Consulting Engineers, subject to the following
conditions:
1) Explanation of Dividend Drive encroachment.
Councilmember York seconded the motion; the motion carried 5-0 with
Mayor Pro Tem Faught and Councilmembers Brancheau, Peters,
Franklin and York voting in favor of the motion.
29. Consider approval of an Ordinance for Case No. PD-216-H,
Robertson Pools, zoning change request from H and SF-12
(Historic and Single Family-12) to PD-216-H (Planned
Development-216-Historic), to approve a detail Site Plan, to
allow a 1,740-square-foot expansion to an existing 3,120-
square-foot building, construction of a 4,970-square-foot
building, outside storage and additional parking on
approximately 2.65 acres of property located at 569 Coppell
Road, north of Bethel Road, and authorizing the Mayor to sign.
Mayor Pro Tem Faught filed a Conflict of Interest pursuant to Section 3.11 of
the Coppell City Charter.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
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ITEM # ITEM DESCRIPTION
Action:
Councilmember York moved to approve Ordinance No. 91500-A-447 for
Case No. PD-216-H, Robertson Pools, zoning change request from H and
SF-12 (Historic and Single Family-12) to PD-216-H (Planned
Development-216-Historic), to approve a detail Site Plan, to allow a
1,740-square-foot expansion to an existing 3,120-square-foot building,
construction of a 4,970-square-foot building, outside storage and
additional parking on approximately 2.65 acres of property located at
569 Coppell Road, north of Bethel Road, and authorizing the Mayor to
sign. Councilmember Brancheau seconded the motion; the motion
carried 4-0-1 with Councilmembers Brancheau, Peters, Franklin and
York voting in favor of the motion and Mayor Pro Tem Faught abstaining
pursuant to Section 3.11 of the Coppell City Charter.
30. Consider approval of accepting the resignation of Wendy Dunn
from the Library Board and appointing a member to fill the
unexpired term.
Action:
Councilmember Brancheau moved to accept the resignation of Wendy
Dunn from the Library Board and to appoint Thomas Trahan to fill the
unexpired term. Councilmember Peters seconded the motion; the motion
carried 5-0 with Mayor Pro Tem Faught and Councilmembers
Brancheau, Peters, Franklin and York voting in favor of the motion.
Item 34 was considered at this time. See Item 34 for minutes.
Item 33 was considered at this time. See Item 33 for minutes.
Item 32 was considered at this time. See Item 32 for minutes.
31. Necessary action resulting from Work Session.
There was no action necessary under this item.
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ITEM # ITEM DESCRIPTION
32. City Manager's Report.
A. Capital Facilities Update.
B. Old Town Update.
A. City Manager Jim Witt reviewed with Council the various
construction projects under way on municipal facilities.
B. City Manager Jim Witt advised that plans will be made soon
concerning the Kirkland house.
33. Mayor and Council Reports.
A. Report by Mayor Stover regarding the Metroplex Mayors’
Meeting.
A. Councilmember Brancheau attended the Metroplex Mayor’s
Meeting and reported that the speaker was a representative from
TXU who discussed the possibilities of coal generation.
34. Necessary Action Resulting from Executive Session.
Action:
Councilmember Peters moved to authorize the City Manager to execute a
Purchase & Sale Agreement with Steven & Victoria Chaddick for .392
acres of land at 501 Bethel Road for the price of $150,000.. Mayor Pro
Tem Faught seconded the motion; the motion carried 5-0 with Mayor Pro
Tem Faught and Councilmembers Brancheau, Peters, Franklin and York
voting in favor of the motion.
There being no further business to come before the City Council, the meeting
was adjourned.
__________________________________
Douglas N. Stover, Mayor
ATTEST:
__________________________________
Libby Ball, City Secretary
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Page 17 of 17
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 Manager
January 9, 2007
13/B
✔
CONTRACT/BID or PROPOSAL
Consider approval of a grant between the city of Coppell, the Coppell Education Development Corporation, and the
Lewisville Independent School District for technology at Durham Middle School in the amount of $8,872.00, and
authorizing the City Manager to sign.
Funds are available in the CEDC 1/2 cent sales tax for this grant.
The CEDC and Staff recommend approval.
Durham
STATE OF TEXAS § COPPELL EDUCATION DEVELOPMENT CORPORATION
§
COUNTY OF DALLAS § GRANT AGREEMENT
This Educational Development Grant Agreement (“Agreement”) is made by and between
the city of Coppell, Texas (“CITY”), Coppell Education Development Corporation (“CEDC”)
and the Lewisville Independent School District (the “LISD”), acting by and through their
respective authorized officers.
W I T N E S S E T H :
WHEREAS, the CITY is authorized by TEX. LOC. GOV’T CODE § 379A to provide
educational development grants to publicly funded institutions through the CEDC for the
promotion of literacy, foreign language and career technology for a skilled workforce; and
WHEREAS, the CITY seeks to support programs for promoting literacy, foreign
language and career technology for a skilled workforce; and
WHEREAS, the LISD has submitted a grant application No. 2007-T02 to provide
funding for technology at Durham Middle School (the PROJECT); and
WHEREAS, the LISD has developed the PROJECT in order to purchase interactive
white boards and projector bulbs for Durham Middle School in the amount of Eight Thousand
Eight Hundred Seventy-two Dollars and no cents ($8,872.00); and
WHEREAS, LISD is in need of funding for the technology and the assistance of the
CEDC; and
WHEREAS, the CITY has determined that making an education development grant to
the LISD in accordance with this Agreement will further the objectives of the CITY, will benefit
the CITY and the CITY’s inhabitants and will promote literacy in the CITY;
NOW THEREFORE, in consideration of the foregoing, and other valuable
consideration the receipt and sufficiency of which are hereby acknowledged on the terms and
conditions hereinafter set forth, the parties agree as follows:
GENERAL PROVISIONS
1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to
provide the LISD an education development grant (the “GRANT”) in an amount not to exceed
Eight Thousand Eight Hundred Seventy-two Dollars and no cents ($8,872.00).
2. LISD agrees to utilize the GRANT to fund technology for Durham Middle School within
the LISD.
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 1
3. CITY agrees to provide the GRANT of Eight Thousand Eight Hundred Seventy-two
Dollars and no cents ($8,872.00) funds payable in February 2007. Funds to be expended in
accordance with the budget categories set forth in the GRANT application.
4. No later than May 15, 2007 the LISD shall submit the receipts for purchases for this
GRANT to the CEDC. The detailed expenditures shall include, but not be limited to, copies of
invoices.
5. In the event the LISD breaches any of the terms of this AGREEMENT or fails to use the
GRANT for the purposes set forth herein, then the LISD, after expiration of the notice and cure
period described herein, shall be in default of this AGREEMENT. As liquidated damages in the
event of such default, the LISD shall, within thirty (30) days after demand, repay to the CITY,
the GRANT with interest at the rate of eight percent (8%) per annum from the date of receipt of
the GRANT until paid. The parties acknowledge that actual damages in the event of default
would be speculative and difficult to determine. Upon breach by LISD of any obligations under
this AGREEMENT, the CITY shall notify the LISD in writing, who shall have thirty (30) days
from receipt of the notice in which to cure such default. If LISD fails to cure the default within
the time provided herein, or, as such time period may be extended, then the CITY at its sole
option, shall have the right to terminate this AGREEMENT without further notice to the LISD.
6. The terms and conditions of this AGREEMENT are binding upon the successors and
assigns of all parties hereto. This AGREEMENT may not be assigned without the express
written consent of CITY and CEDC.
7. It is understood and agreed between the parties that LISD, in the use of the GRANT and
in satisfying the conditions of this AGREEMENT, is acting independently, and that the CITY
and/or the CEDC assumes no responsibilities or liabilities to third parties in connection with
these actions. LISD agrees to indemnify and hold harmless the CITY and the CEDC from all
such claims, suits, and causes of action, liabilities and expenses, including reasonable attorney’s
fees, of any nature whatsoever arising out of the LISD’S performance of the conditions under
this AGREEMENT.
8. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage pre-paid, certified mail, return receipt requested,
addressed to the party at the address set forth opposite the signature of the party.
9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for
any action concerning this AGREEMENT shall be in the State District Court of Dallas County,
Texas.
10. In the event any one or more of the provisions contained in this AGREEMENT shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not effect the other provisions, and the AGREEMENT shall
be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 2
EXECUTED this _______ day of _____________________, 2007.
CITY OF COPPELL, TEXAS
By: ______________________________________
JIM WITT, CITY MANAGER
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
EXECUTED this _______ day of _____________________, 2007.
COPPELL EDUCATION DEVELOPMENT CORPORATION
By: ______________________________________
ANTONIO ALTEMUS, PRESIDENT
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
EXECUTED this ______ day of ________________, 2007.
LEWISVILLE INDEPENDENT SCHOOL DISTRICT
By: ______________________________________
DR. JERRY ROY, SUPERINTENDENT
Lewisville Independent School District
1800 Timbercreek Road
Lewisville, Texas 75067
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 3
ATTEST:
By: ______________________________________
CITY OF COPPELL
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of _______________,
2007, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of
said municipality.
___________________________________
Notary Public, State of Texas
My Commission Expires:
_________________________
COPPELL EDUCATION DEVELOPMENT CORPORATION
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2007, by Antonio Altemus, President of Coppell Education Development Corporation, on behalf
of said corporation.
Notary Public, State of Texas
My Commission expires:
________________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 4
LEWISVILLE INDEPENDENT SCHOOL DISTRICT
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the _______ day of ___________,
2007, by Dr. Jerry Roy, Superintendent of Lewisville Independent School District, on behalf of
said district.
Notary Public, State of Texas
My Commission expires:
_______________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 5
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 Manager
January 9, 2007
13/C
✔
CONTRACT/BID or PROPOSAL
Consider approval of a grant between the city of Coppell, the Coppell Education Development Corporation, and the
Lewisville Independent School District for technology at Killough High School-North in the amount of $7,675.00, and
authorizing the City Manager to sign.
Funds for this grant are available from the 1/2 cent CEDC sales tax.
The CEDC and Staff recommend approval.
Killough
STATE OF TEXAS § COPPELL EDUCATION DEVELOPMENT CORPORATION
§
COUNTY OF DALLAS § GRANT AGREEMENT
This Educational Development Grant Agreement (“Agreement”) is made by and between
the city of Coppell, Texas (“CITY”), Coppell Education Development Corporation (“CEDC”)
and the Lewisville Independent School District (the “LISD”), acting by and through their
respective authorized officers.
W I T N E S S E T H :
WHEREAS, the CITY is authorized by TEX. LOC. GOV’T CODE § 379A to provide
educational development grants to publicly funded institutions through the CEDC for the
promotion of literacy, foreign language and career technology for a skilled workforce; and
WHEREAS, the CITY seeks to support programs for promoting literacy, foreign
language and career technology for a skilled workforce; and
WHEREAS, the LISD has submitted a grant application No. 2007-T01 to provide
funding for technology at Killough Lewisville High School-North (the PROJECT); and
WHEREAS, the LISD has developed the PROJECT in order to purchase an integrated
classroom learning system for Killough Lewisville High School-North in the amount of Seven
Thousand Six Hundred Seventy-five Dollars and no cents ($7,675.00); and
WHEREAS, LISD is in need of funding for the technology and the assistance of the
CEDC; and
WHEREAS, the CITY has determined that making an education development grant to
the LISD in accordance with this Agreement will further the objectives of the CITY, will benefit
the CITY and the CITY’s inhabitants and will promote literacy in the CITY;
NOW THEREFORE, in consideration of the foregoing, and other valuable
consideration the receipt and sufficiency of which are hereby acknowledged on the terms and
conditions hereinafter set forth, the parties agree as follows:
GENERAL PROVISIONS
1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to
provide the LISD an education development grant (the “GRANT”) in an amount not to exceed
Seven Thousand Six Hundred Seventy-five Dollars and no cents ($7,675.00).
2. LISD agrees to utilize the GRANT to fund technology for Killough Lewisville High
School-North within the LISD.
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 1
3. CITY agrees to provide the GRANT of Seven Thousand Six Hundred Seventy-five
Dollars and no cents ($7,675.00) funds payable in February 2007. Funds to be expended in
accordance with the budget categories set forth in the GRANT application.
4. No later than May 15, 2007 the LISD shall submit the receipts for purchases for this
GRANT to the CEDC. The detailed expenditures shall include, but not be limited to, copies of
invoices.
5. In the event the LISD breaches any of the terms of this AGREEMENT or fails to use the
GRANT for the purposes set forth herein, then the LISD, after expiration of the notice and cure
period described herein, shall be in default of this AGREEMENT. As liquidated damages in the
event of such default, the LISD shall, within thirty (30) days after demand, repay to the CITY,
the GRANT with interest at the rate of eight percent (8%) per annum from the date of receipt of
the GRANT until paid. The parties acknowledge that actual damages in the event of default
would be speculative and difficult to determine. Upon breach by LISD of any obligations under
this AGREEMENT, the CITY shall notify the LISD in writing, who shall have thirty (30) days
from receipt of the notice in which to cure such default. If LISD fails to cure the default within
the time provided herein, or, as such time period may be extended, then the CITY at its sole
option, shall have the right to terminate this AGREEMENT without further notice to the LISD.
6. The terms and conditions of this AGREEMENT are binding upon the successors and
assigns of all parties hereto. This AGREEMENT may not be assigned without the express
written consent of CITY and CEDC.
7. It is understood and agreed between the parties that LISD, in the use of the GRANT and
in satisfying the conditions of this AGREEMENT, is acting independently, and that the CITY
and/or the CEDC assumes no responsibilities or liabilities to third parties in connection with
these actions. LISD agrees to indemnify and hold harmless the CITY and the CEDC from all
such claims, suits, and causes of action, liabilities and expenses, including reasonable attorney’s
fees, of any nature whatsoever arising out of the LISD’S performance of the conditions under
this AGREEMENT.
8. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage pre-paid, certified mail, return receipt requested,
addressed to the party at the address set forth opposite the signature of the party.
9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for
any action concerning this AGREEMENT shall be in the State District Court of Dallas County,
Texas.
10. In the event any one or more of the provisions contained in this AGREEMENT shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not effect the other provisions, and the AGREEMENT shall
be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 2
EXECUTED this _______ day of _____________________, 2007.
CITY OF COPPELL, TEXAS
By: ______________________________________
JIM WITT, CITY MANAGER
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
EXECUTED this _______ day of _____________________, 2007.
COPPELL EDUCATION DEVELOPMENT CORPORATION
By: ______________________________________
ANTONIO ALTEMUS, PRESIDENT
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
EXECUTED this ______ day of ________________, 2007.
LEWISVILLE INDEPENDENT SCHOOL DISTRICT
By: ______________________________________
DR. JERRY ROY, SUPERINTENDENT
Lewisville Independent School District
1800 Timbercreek Road
Lewisville, Texas 75067
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 3
ATTEST:
By: ______________________________________
CITY OF COPPELL
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of _______________,
2007, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of
said municipality.
___________________________________
Notary Public, State of Texas
My Commission Expires:
_________________________
COPPELL EDUCATION DEVELOPMENT CORPORATION
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2007, by Antonio Altemus, President of Coppell Education Development Corporation, on behalf
of said corporation.
Notary Public, State of Texas
My Commission expires:
________________________
LEWISVILLE INDEPENDENT SCHOOL DISTRICT
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 4
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the _______ day of ___________,
2007, by Dr. Jerry Roy, Superintendent of Lewisville Independent School District, on behalf of
said district.
Notary Public, State of Texas
My Commission expires:
_______________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 5
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 Manager
January 9, 2007
13/D
✔
CONTRACT/BID or PROPOSAL
Consider approval of a grant between the city of Coppell, the Coppell Education Development Corporation, and the
Lewisville Independent School District for technology at Lewisville High School in the amount of $9,917.00, and
authorizing the City Manager to sign.
Funds are available in the CEDC 1/2 cent sales tax for this grant.
The CEDC and Staff recommend approval.
LHS
STATE OF TEXAS § COPPELL EDUCATION DEVELOPMENT CORPORATION
§
COUNTY OF DALLAS § GRANT AGREEMENT
This Educational Development Grant Agreement (“Agreement”) is made by and between
the city of Coppell, Texas (“CITY”), Coppell Education Development Corporation (“CEDC”)
and the Lewisville Independent School District (the “LISD”), acting by and through their
respective authorized officers.
W I T N E S S E T H :
WHEREAS, the CITY is authorized by TEX. LOC. GOV’T CODE § 379A to provide
educational development grants to publicly funded institutions through the CEDC for the
promotion of literacy, foreign language and career technology for a skilled workforce; and
WHEREAS, the CITY seeks to support programs for promoting literacy, foreign
language and career technology for a skilled workforce; and
WHEREAS, the LISD has submitted a grant application No. 2007-T03 to provide
funding for technology at Lewisville High School (the PROJECT); and
WHEREAS, the LISD has developed the PROJECT in order to purchase technology
for Lewisville High School in the amount of Nine Thousand Nine Hundred Seventeen Dollars
and no cents ($9,917.00); and
WHEREAS, LISD is in need of funding for the technology and the assistance of the
CEDC; and
WHEREAS, the CITY has determined that making an education development grant to
the LISD in accordance with this Agreement will further the objectives of the CITY, will benefit
the CITY and the CITY’s inhabitants and will promote literacy in the CITY;
NOW THEREFORE, in consideration of the foregoing, and other valuable
consideration the receipt and sufficiency of which are hereby acknowledged on the terms and
conditions hereinafter set forth, the parties agree as follows:
GENERAL PROVISIONS
1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to
provide the LISD an education development grant (the “GRANT”) in an amount not to exceed
Nine Thousand Nine Hundred Seventeen Dollars and no cents ($9,917.00).
2. LISD agrees to utilize the GRANT to fund technology for Lewisville High School
within the LISD.
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 1
3. CITY agrees to provide the GRANT of Nine Thousand Nine Hundred Seventeen Dollars
and no cents ($9,917.00) funds payable in February 2007. Funds to be expended in accordance
with the budget categories set forth in the GRANT application.
4. No later than May 15, 2007 the LISD shall submit the receipts for purchases for this
GRANT to the CEDC. The detailed expenditures shall include, but not be limited to, copies of
invoices.
5. In the event the LISD breaches any of the terms of this AGREEMENT or fails to use the
GRANT for the purposes set forth herein, then the LISD, after expiration of the notice and cure
period described herein, shall be in default of this AGREEMENT. As liquidated damages in the
event of such default, the LISD shall, within thirty (30) days after demand, repay to the CITY,
the GRANT with interest at the rate of eight percent (8%) per annum from the date of receipt of
the GRANT until paid. The parties acknowledge that actual damages in the event of default
would be speculative and difficult to determine. Upon breach by LISD of any obligations under
this AGREEMENT, the CITY shall notify the LISD in writing, who shall have thirty (30) days
from receipt of the notice in which to cure such default. If LISD fails to cure the default within
the time provided herein, or, as such time period may be extended, then the CITY at its sole
option, shall have the right to terminate this AGREEMENT without further notice to the LISD.
6. The terms and conditions of this AGREEMENT are binding upon the successors and
assigns of all parties hereto. This AGREEMENT may not be assigned without the express
written consent of CITY and CEDC.
7. It is understood and agreed between the parties that LISD, in the use of the GRANT and
in satisfying the conditions of this AGREEMENT, is acting independently, and that the CITY
and/or the CEDC assumes no responsibilities or liabilities to third parties in connection with
these actions. LISD agrees to indemnify and hold harmless the CITY and the CEDC from all
such claims, suits, and causes of action, liabilities and expenses, including reasonable attorney’s
fees, of any nature whatsoever arising out of the LISD’S performance of the conditions under
this AGREEMENT.
8. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage pre-paid, certified mail, return receipt requested,
addressed to the party at the address set forth opposite the signature of the party.
9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for
any action concerning this AGREEMENT shall be in the State District Court of Dallas County,
Texas.
10. In the event any one or more of the provisions contained in this AGREEMENT shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not effect the other provisions, and the AGREEMENT shall
be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 2
EXECUTED this _______ day of _____________________, 2007.
CITY OF COPPELL, TEXAS
By: ______________________________________
JIM WITT, CITY MANAGER
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
EXECUTED this _______ day of _____________________, 2007.
COPPELL EDUCATION DEVELOPMENT CORPORATION
By: ______________________________________
ANTONIO ALTEMUS, PRESIDENT
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
EXECUTED this ______ day of ________________, 2007.
LEWISVILLE INDEPENDENT SCHOOL DISTRICT
By: ______________________________________
DR. JERRY ROY, SUPERINTENDENT
Lewisville Independent School District
1800 Timbercreek Road
Lewisville, Texas 75067
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 3
ATTEST:
By: ______________________________________
CITY OF COPPELL
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of _______________,
2007, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of
said municipality.
___________________________________
Notary Public, State of Texas
My Commission Expires:
_________________________
COPPELL EDUCATION DEVELOPMENT CORPORATION
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2007, by Antonio Altemus, President of Coppell Education Development Corporation, on behalf
of said corporation.
Notary Public, State of Texas
My Commission expires:
________________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 4
LEWISVILLE INDEPENDENT SCHOOL DISTRICT
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the _______ day of ___________,
2007, by Dr. Jerry Roy, Superintendent of Lewisville Independent School District, on behalf of
said district.
Notary Public, State of Texas
My Commission expires:
_______________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 5
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 Manager
January 9, 2007
13/E
✔
CONTRACT/BID or PROPOSAL
Consider approval of a grant between the city of Coppell, the Coppell Education Development Corporation, and the
Lewisville Independent School District for books and supporting technology at Rockbrook Elementary School in the
amount of $41,193.00, and authorizing the City Manager to sign.
Funds for this grant will be available from the 1/2 CEDC sales tax.
The CEDC and Staff recommend approval.
Rockbrook
STATE OF TEXAS § COPPELL EDUCATION DEVELOPMENT CORPORATION
§
COUNTY OF DALLAS § GRANT AGREEMENT
This Educational Development Grant Agreement (“Agreement”) is made by and between
the city of Coppell, Texas (“CITY”), Coppell Education Development Corporation (“CEDC”)
and the Lewisville Independent School District (the “LISD”), acting by and through their
respective authorized officers.
W I T N E S S E T H :
WHEREAS, the CITY is authorized by TEX. LOC. GOV’T CODE § 379A to provide
educational development grants to publicly funded institutions through the CEDC for the
promotion of literacy, foreign language and career technology for a skilled workforce; and
WHEREAS, the CITY seeks to support programs for promoting literacy, foreign
language and career technology for a skilled workforce; and
WHEREAS, the LISD has submitted a grant application No. 2007-L01 to provide
funding for literacy at Rockbrook Elementary (the PROJECT); and
WHEREAS, the LISD has developed the PROJECT in order to purchase books for the
Rockbrook Elementary Library in the amount of Thirty-two Thousand Four Hundred Dollars and
no cents ($32,400.00) and to purchase supporting technology in the amount of Eight Thousand
Seven Hundred Ninety-three Dollars and no cents ($8,793.00); and
WHEREAS, LISD is in need of funding for the books and supporting technology and
the assistance of the CEDC; and
WHEREAS, the CITY has determined that making an education development grant to
the LISD in accordance with this Agreement will further the objectives of the CITY, will benefit
the CITY and the CITY’s inhabitants and will promote literacy in the CITY;
NOW THEREFORE, in consideration of the foregoing, and other valuable
consideration the receipt and sufficiency of which are hereby acknowledged on the terms and
conditions hereinafter set forth, the parties agree as follows:
GENERAL PROVISIONS
1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to
provide the LISD an education development grant (the “GRANT”) in an amount not to exceed
Forty-one Thousand One Hundred Ninety-three Dollars and no cents ($41,193.00).
2. LISD agrees to utilize the GRANT to fund books and supporting technology for the
library at Rockbrook Elementary within the LISD.
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 1
3. CITY agrees to provide the GRANT of Forty-one Thousand One Hundred Ninety-three
Dollars and no cents ($41,193.00) funds payable on a quarterly basis with the first payment due
in February 2007. Funds to be expended in accordance with the budget categories set forth in the
GRANT application.
4. No later than May 15, 2007 the LISD shall submit the receipts for purchases for this
GRANT to the CEDC. The detailed expenditures shall include, but not be limited to, copies of
invoices.
5. In the event the LISD breaches any of the terms of this AGREEMENT or fails to use the
GRANT for the purposes set forth herein, then the LISD, after expiration of the notice and cure
period described herein, shall be in default of this AGREEMENT. As liquidated damages in the
event of such default, the LISD shall, within thirty (30) days after demand, repay to the CITY,
the GRANT with interest at the rate of eight percent (8%) per annum from the date of receipt of
the GRANT until paid. The parties acknowledge that actual damages in the event of default
would be speculative and difficult to determine. Upon breach by LISD of any obligations under
this AGREEMENT, the CITY shall notify the LISD in writing, who shall have thirty (30) days
from receipt of the notice in which to cure such default. If LISD fails to cure the default within
the time provided herein, or, as such time period may be extended, then the CITY at its sole
option, shall have the right to terminate this AGREEMENT without further notice to the LISD.
6. The terms and conditions of this AGREEMENT are binding upon the successors and
assigns of all parties hereto. This AGREEMENT may not be assigned without the express
written consent of CITY and CEDC.
7. It is understood and agreed between the parties that LISD, in the use of the GRANT and
in satisfying the conditions of this AGREEMENT, is acting independently, and that the CITY
and/or the CEDC assumes no responsibilities or liabilities to third parties in connection with
these actions. LISD agrees to indemnify and hold harmless the CITY and the CEDC from all
such claims, suits, and causes of action, liabilities and expenses, including reasonable attorney’s
fees, of any nature whatsoever arising out of the LISD’S performance of the conditions under
this AGREEMENT.
8. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage pre-paid, certified mail, return receipt requested,
addressed to the party at the address set forth opposite the signature of the party.
9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for
any action concerning this AGREEMENT shall be in the State District Court of Dallas County,
Texas.
10. In the event any one or more of the provisions contained in this AGREEMENT shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not effect the other provisions, and the AGREEMENT shall
be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 2
EXECUTED this _______ day of _____________________, 2007.
CITY OF COPPELL, TEXAS
By: ______________________________________
JIM WITT, CITY MANAGER
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
EXECUTED this _______ day of _____________________, 2007.
COPPELL EDUCATION DEVELOPMENT CORPORATION
By: ______________________________________
ANTONIO ALTEMUS, PRESIDENT
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
EXECUTED this ______ day of ________________, 2007.
LEWISVILLE INDEPENDENT SCHOOL DISTRICT
By: ______________________________________
DR. JERRY ROY, SUPERINTENDENT
Lewisville Independent School District
1800 Timbercreek Road
Lewisville, Texas 75067
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 3
ATTEST:
By: ______________________________________
CITY OF COPPELL
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of _______________,
2007, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of
said municipality.
___________________________________
Notary Public, State of Texas
My Commission Expires:
_________________________
COPPELL EDUCATION DEVELOPMENT CORPORATION
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2007, by Antonio Altemus, President of Coppell Education Development Corporation, on behalf
of said corporation.
Notary Public, State of Texas
My Commission expires:
________________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 4
LEWISVILLE INDEPENDENT SCHOOL DISTRICT
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the _______ day of ___________,
2007, by Dr. Jerry Roy, Superintendent of Lewisville Independent School District, on behalf of
said district.
Notary Public, State of Texas
My Commission expires:
_______________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 5
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:
Parks and Recreation
January 9, 2007
13/F
✔
RESOLUTION
Consider approval of a Resolution amending the Bylaws of the Recreation Development Corporation to approve the
use of 4b proceed funds for the maintenance and operation of the Coppell Aquatic and Recreation Center, Wagon
Wheel Park and the Coppell Hike and Bike Trail System; and authorizing the Mayor to sign.
This Resolution is being considered due to the recent change in the fund distribution of 4b tax proceeds allowing the
use of said funds for the operation and maintenance of the elements developed with these funds. Approval will
modify the CRDC bylaws to reflect this change in funding allocation. Currently the bylaws will only allow funding for
construction and development of the aforementioned elements.
Modifications can be found in Article 1, Purpose and Powers, Section 2. Purpose, B: and Article IV, Corporate Duties,
Section 1, Project Development Plan, B, as shown on the attachment.
Approval of the Resolution
^CRDC Bylaws-1AR
1
BYLAWS
OF THE
CITY OF COPPELL
RECREATION DEVELOPMENT CORPORATION
ARTICLE I
PURPOSE AND POWERS
SECTION 1. REGISTERED OFFICE AND REGISTERED AGENT.
a. THE COPPELL RECREATION DEVELOPMENT CORPORATION (the
"Corporation") shall have and continuously maintain in the State of Texas a registered office and
a registered agent, whose office is identical with such registered office, as required by the Texas
Non-Profit Corporation Act, and State law. The Registered Agent for the Corporation shall be
the City Secretary subject that the Board of Directors (the "Board") from time to time, may
change the registered agent and/or the address of the registered office, subject to City Council
approval, provided that such change is appropriately reflected in these Bylaws and in the Articles
of Incorporation (the "Articles").
b. The registered office of the Corporation is located at 255 Parkway Boulevard,
Coppell, Dallas County, Texas 75019, and at such address is the Corporation, whose mailing
address is Post Office Box 9478, Coppell, Texas 75019. Said address shall also serve as the
principal office of the Corporation and Board.
SECTION 2. PURPOSE.
a. The Corporation is a non-profit corporation for the purposes set forth in the
Articles, the same to be accomplished on behalf of the City of Coppell, Texas (the "City") as its
duly constituted authority and instrumentality in accordance with the Texas Development
Corporation Act (DCA) of 1979, Article 5190.6, Section 4B, Tex. Rev. Civ. Stat., Ann., as
amended, (the "Act"), and applicable laws of the City of Coppell. The Corporation shall be a
non-profit corporation as defined by the Internal Revenue Code 1986, as amended, and the
applicable regulations of the United States Treasury Department and the rulings of the Internal
Revenue Service of the United States prescribed and promulgated thereunder.
b. As used in these Bylaws, "economic development" shall include all projects permissible
by the Act and authorized by the City of Coppell's May 4, 1996 election.
2
The City specifically authorized expenditures of Section 4B sales tax proceeds for the
construction, and development, operations and maintenance of four projects:
o an all-season aquatic facility,
o a community multi-purpose recreation facility,
o a new athletic complex, and
o the first phase of a hike and bike trail system
SECTION 3. POWERS.
a. In the fulfillment of its corporate purpose, the Corporation shall be governed by Section
4B of the Development Corporation Act of 1979, as amended.
b. The Corporation shall have all of the powers set forth and conferred in its Articles of
Incorporation, and in other applicable laws, subject to the limitations prescribed therein and
herein and to the provisions thereof and hereof.
ARTICLE II
BOARD OF DIRECTORS
SECTION 1. NUMBER AND TERM OF OFFICE.
a. The property and affairs of the Corporation shall be managed and controlled by the Board and, subject
to the restrictions imposed by law, by the Articles and these Bylaws, the Board shall exercise all
of the powers of the Corporation.
b The Board shall consist of seven (7) Directors, each of whom shall be appointed by the
City Council. Each of the Directors shall be a resident of the City.
c. Each Director of the Board shall serve a term of two (2) years.
d. Each successive member of the Board shall be appointed and serve for two (2) years, or
until a successor is appointed, as hereinafter provided.
e. Any Director may be removed from office by the City Council, at will.
3
SECTION 2. VACANCIES AND RESIGNATIONS.
a. A vacancy in any position of Director which occurs by reason of death, resignation,
disqualification, removal, or otherwise, shall be appointed as prescribed in Article III, Sec. 1.
b. A vacancy in the office of President and Vice President which occurs by reason of death,
resignation, disqualification, removal, or otherwise, shall be appointed by the Board, with
approval by the City Council, for the unexpired portion of the term of that office.
c. Any Director may resign at any time. Such resignation shall be made in writing,
addressed to the Board and the City Manager, and shall take effect at the time specified therein,
or if no time is specified, at the time of its receipt by the Board.
SECTION 3. MEETINGS OF DIRECTORS.
a, All meetings and deliberations of the Board, or committees, shall be called , convened,
held, and conducted. Notice thereof shall be given to the public, in accordance with the Texas
Open Meetings Act, Chapter 551 of the Texas Local Government Code, as amended. All
meetings shall be conducted in accordance with the Texas Open Meetings Act.
b. Any member of the Board, or the City Manager, may have an item placed on the agenda
by delivering the same in writing to the Secretary of the Board, no less than seven (7) calendar
days prior to the date of the Board meeting. Each agenda of a Board meeting shall contain an
item, titled "Citizens Forum" to allow public comment to be made by the general public
concerning Board related matters.
c. Special meetings of the Board shall be held whenever called by the President, by the
Secretary, by a majority of the Directors or by a majority of the City Council. The Secretary
shall provide at least one (1) day prior notice to each Director of each special meeting, in person,
or by mail, telephone, or fax,
d. The Annual meeting of the Board shall be on the 1st Monday in November of each year
or an alternate date as determined by the Directors. The Board shall hold regular and special
meetings, in the corporate limits of the City, at such place or places as the Board may from time
to time determine.
SECTION 4. QUORUM.
a. A quorum is a majority of the entire membership of the Board (being not less than four
(4) members).
4
b. A quorum shall be present for the conduct of the official business of the Corporation.
c. The Act of four (4) or more Directors, at a meeting at which a quorum is in attendance,
shall constitute the act of the Board and of the Corporation, unless the act of a greater number is
required by policies or procedures of the Board, City Council resolution or ordinance, or state
law.
SECTION 5. CONDUCT OF BUSINESS.
a. At the meetings of the Board, matters pertaining to the business of the Corporation shall
be considered in accordance with the rules of procedure as from time to time prescribed by the
Board. Unless otherwise adopted by the Board, the rules of procedures of the City Council shall
be the rules of the procedures for the Board.
b. At all meetings of the Board, the President shall preside, and in the absence of the
President, the Vice-President shall exercise the powers of the President.
c. The Secretary of the Corporation shall act as Secretary of all meetings of the
Corporation. In the absence of the Secretary, the presiding officer may appoint any person to act
as secretary of the meeting.
d. The Secretary shall keep minutes of the transactions and meetings of the Board and its
committee's meetings; and shall cause such official minutes to be recorded in books kept for that
purpose in the principal office of the Corporation.
SECTION 6. COMMITTEES OF THE BOARD.
a. An official committee of the Board shall consist of two (2) or more Directors.
b. It is provided, however, that all final, official actions of the Corporation may be exercised
only by the Board.
c. Each committee so designated shall keep regular minutes of the transactions of its
meetings and shall cause such minutes to be recorded in books kept for that purpose in the
principal office of the Corporation.
SECTION 7. COMPENSATION OF DIRECTORS.
a. Directors shall not receive any salary or compensation for their services.
5
b. Directors shall be reimbursed for their actual expenses incurred in the performance of
their duties hereunder, including, but not limited to, the cost of travel, lodging and incidental
expenses reasonably related to the Corporate duties of the Board.
c. Travel expenses incurred by Directors for both regular and special meetings are not
eligible for reimbursement.
ARTICLE III
OFFICERS
SECTION 1. TITLES AND TERM OF OFFICE.
a. The Board shall appoint a President and Vice President from its membership. They shall
be approved by City Council and shall serve a term of one (1) year.
b. The terms of the initial President and Vice President shall be determined by the City
Council.
c. The President and Vice President shall continue to serve until their successors are
appointed.
d. All officers shall be subject to removal from office, at any time, by a majority vote of the
entire membership of the Board.
e. A vacancy in the office of any officer shall be filled by a majority vote of the entire
membership of the Board.
SECTION 2. THE PRESIDENT.
a. The President shall be the Chief Executive Officer of the Corporation, and shall, subject
to the authority of the Board and paramount authority and approval of the City Council, preside
at all meetings of the Board, and shall sign and execute all contracts, conveyances, franchises,
bonds, deeds, assignments, mortgages, and notes, and other instruments in the name of the
Corporation.
b. In addition, the President shall:
1) call both regular and special meetings of the Board and establish the
agenda for such;
6
2) have the right to vote on all matters coming before the Board;
3) have the authority to appoint standing or study committees to aid and
assist the Board in its business undertaking or other matters incidental to
the operation and functions of the Board;
4) perform all duties incident to the office, and such other duties as shall be
prescribed from time to time by the Board, subject to approval by the City
Council;
5) appear before the City Council on a periodic basis to give a report on the
status of activities of the Corporation, and;
6) at the direction of the City Council, appear or be represented by his designee,
regarding any item being considered by the City Council concerning the
Corporation.
SECTION 3. VICE PRESIDENT.
a. The Vice President shall exercise the powers of the President during that officer's
absence or inability to act.
b. The Vice President shall also perform other duties as from time to time may be required
by the President or the Board.
SECTION 4. SECRETARY.
a. The Secretary shall keep the minutes of all meetings of the Board, and committees, in
books provided for that purpose.
b. The Secretary shall give and serve all notices, shall sign with the President in the name of
the Corporation, and/or attest the signature thereto, all contracts, conveyances, franchises, bonds,
deeds, assignments, mortgages, notes and other instruments of the Corporation.
c. The Secretary shall have charge of the corporate books, records, documents and
instruments except the books of account and financial records and securities, and such other
books and papers as the Board may direct, all of which shall at all reasonable times be open to
public inspection upon application at the office of the Corporation during business hours.
d. The Secretary shall, in general, perform all duties incident to the office of Secretary,
7
subject to the control of the Board.
e. The Secretary shall endorse and countersign, on behalf of the Corporation, for collection
or issuance, checks, notes and other obligations in or drawn upon such bank or banks or
depositories as shall be designated by the City Council consistent with these Bylaws.
SECTION 5. TREASURER
a. The Finance Director of the City shall be the Treasurer.
b. The Treasurer shall have the responsibility for the handling, custody, and security of all
funds and securities of the Corporation.
c. When necessary or proper, the Treasurer shall endorse and sign, on behalf of the
Corporation, for collection or issuance, checks, notes and other obligations drawn upon such
bank or banks or depositories as shall be designated by the City Council consistent with these
Bylaws.
d. The Treasurer shall see to the entry in the books of the Corporation of full and accurate
accounts of all monies received and paid out on account of the Corporation.
e. The Treasurer shall, at the expense of the Corporation, give such bond for the faithful
discharge of the duties in such format and amount as the City Council shall require, by
resolution.
f. The Treasurer shall submit a monthly report to the Board, in sufficient detail, of all
checks or drafts issued on behalf of the Corporation for the previous month.
g. The Treasurer shall provide a monthly financial report to the City Council concerning
activities of the Corporation in a format consistent with other financial reports of the City.
SECTION 6. EX-OFFICIO MEMBERS.
The City Manager shall appoint two Ex-Officio members from the City staff as he deems
appropriate. These representatives shall have the right to take part in any discussion or open
meetings, but shall not have the power to vote.
ARTICLE IV
8
CORPORATE DUTIES
SECTION 1. PROJECT DEVELOPMENT PLAN.
a. It shall be the duty and obligation of the Board, in coordination with the necessary
contracting parties, to research, develop, prepare, finance, and implement a Project Development
Plan (PDP).
b. In carrying out its obligations under subsection (a), the Corporation shall be authorized to
exercise all rights and powers thereof, and with the objective and for the purpose of construction,
and development, operations and maintenance of four projects:
o an all-season aquatic facility,
o a community multi-purpose recreation facility,
o a new athletic complex, and
o the first phase of a hike and bike trail system
c. The Board shall periodically submit reports to the City Council as to the status of its
activities in carrying out its obligations under this Section.
d. Any and all agreements between the Corporation and other parties shall be authorized,
executed, approved, and delivered in accordance with applicable law, and shall be subject to
approval by the City Council.
SECTION 2. ATTENDANCE.
a. Directors must be present in order to vote at any meeting. Regular attendance at the
Board meetings is required of all Directors. The following number of absences shall be grounds
for removal of a Director:
1) If a Board member is absent for three (3) consecutive regularly scheduled
meetings, or 25% of the regularly scheduled meetings within a 12 month period,
said member shall be removed from the Board, and the City Council will fill the
unexpired term.
SECTION 3. CONFLICT OF INTEREST.
a. In the event that a Director is aware of a conflict of interest or potential conflict of
interest, with regard to any particular matter of vote coming before the Board, the Director shall
bring the same to the attention of the Board and shall abstain from discussion and voting thereof,
in accordance with Chapter 171, Texas Local Government Code, as amended.
9
b. Any Director shall bring to the attention of the Board any apparent conflict of interest or
potential conflict of interest of any other Director, in which case the Board shall determine
whether a true conflict of interest exists before any further discussion or vote shall be conducted
regarding that particular matter.
c. The Director about whom a conflict of interest question has been raised shall refrain from
voting with regard to the determination as to whether a true conflict exists.
d. Failure to conform to these requirements herein and policies as may be adopted by the
Board is grounds for removal from the Board by the City Council.
SECTION 4. IMPLIED DUTIES
a. The Corporation is authorized to do that which the Board deems desirable to accomplish
any of the purposes or duties set out or alluded to in the Articles, these Bylaws, and in
accordance with State law.
b. All actions of the Corporation are subject to City Council approval.
SECTION 5. BOARD'S RELATIONSHIP WITH THE CITY.
a. In accordance with Texas state law, the City Council shall require that the Board be
responsible to it for the proper discharge of its duties assigned herein.
b. The Board shall determine its policies and directives within the limitations of the duties
herein imposed by applicable laws, the Articles, these Bylaws, contracts entered into with the
City, and budget and fiduciary responsibilities. Such policies and directives are subject to
approval by the City Council.
c. Any request for services made to the departments of the City shall be made by the Board
or its designee, in writing, to the City Manager.
d. The City Manager may approve such request for assistance from the Board when the City
Manager finds such requested services are available within the City and that the Board has
agreed to reimburse the City for the cost of such services so provided.
SECTION 6. CONTRACTS FOR SERVICE.
a. The Corporation may, with approval of the City Council, contract with any qualified and
appropriate person, association, corporation or governmental entity to perform and discharge
10
designated tasks which will aid or assist the Board in the performance of its duties.
b. No such contract shall ever be approved or entered into which seeks or attempts to divest
the Board of its discretion and policy-making functions in discharging the duties herein set forth.
c. An administrative services contract shall be executed between the Board and the City
Council for the services provided by the City Manager or City staff, the City Attorney, City
Bond Counsel, and other City services/functions and compensated as provided for herein.
d. Subject to the authority of the City Manager, the Corporation shall have the right to
utilize the services of City Secretary and other employees of the City, provided:
1) that the City Manager approves of the utilization of such services,
2) that the Corporation shall pay, as approved by the City Manager, reasonable
compensation to the City of such services, and
3) the performance of such services does not materially interfere with the other
duties of such personnel of the City.
SECTION 7 PARTICIPATION IN BOARD MEETINGS.
a. The City Manager (or the City Manager's designee), shall have the right to take part in
any discussion of the Board, or committees thereof, including attendance of executive sessions.
b. The City Manager (or the City Manager's designee), shall not have the power to vote in
any meetings attended.
SECTION 8. DUTIES OF THE BOARD.
a. The Board shall develop a Project Development Plan (the PDP) whose measurable goals
and objectives shall include and set forth short and long-term strategies to promote and develop
the projects authorized by the Articles of Incorporation, in accordance with Section 4B of the
Act.
b. These goals and objectives shall be approved by the City Council.
c. The Board shall research, develop, prepare, and submit the PDP to the City Council, for
its approval, at least ninety (90) days prior to July first of each year.
d. The PDP shall include proposed methods and the expected costs of implementation for
the authorized economic development projects.
11
e. The Board shall make an Annual Report to the City Council concerning the PDP.
f. The Annual Report shall include, but not be limited to the following:
1) a review of the accomplishment/activities of the Corporation with any
proposed changes in these activities; and
2) the policies, strategies, procedures, and directives followed by the Corporation
together with any new or proposed changes in these policies and strategies.
g. The Annual Report of the PDP shall be made to the City Council, no later than the
second (2nd) regularly scheduled City Council meeting for the month of March of each year.
SECTION 9. ANNUAL CORPORATE BUDGET.
a. At least ninety (90) days prior to October 1st, the Board shall prepare and adopt a
proposed budget of expected revenues and proposed expenditures for the next ensuing fiscal
year.
b. The fiscal year of the Corporation shall commence on October 1st of each year and end
on September 30.
c. The budget shall be in such form as may be prescribed from time to time by the City
Council.
d. The budget proposed for adoption shall include the projected operating expenses, and
such other budgetary information as shall be required by the City Council for its approval and
adoption.
e. The budget shall be considered adopted upon formal approval by the City Council.
SECTION 10. FINANCIAL BOOKS, RECORDS, AUDITS.
a. The Finance Director of the City shall keep and properly maintain, in accordance with
generally accepted accounting principles, complete financial books, records, accounts, and
financial statements pertaining to its corporate funds, activities, and affairs.
b. The City shall cause the Corporation's financial books, records, accounts, and financial
statements to be audited at least once each fiscal year by an outside, independent, auditing and
accounting firm selected by the City Council.
12
c. Such audit shall be at the expense of the Corporation.
SECTION 11. DEBT, DEPOSIT AND INVESTMENT OF
CORPORATE FUNDS
a. All proceeds from the issuance of bonds, notes, or other debt instruments (the
"Obligations") issued by the Corporation shall be deposited and invested, as provided in the
resolution, order, indenture, or other documents, authorizing or relating to their execution or
issuance, and handled in accordance with the statute governing this Corporation.
b. No Obligations shall be issued by the Corporation, including refunding bonds, without
the prior approval of the City Council, after review and comment by the City's Bond Counsel and
financial advisor.
c. All monies of the Corporation shall be deposited, secured, and/or invested in the manner
provided for the deposit, security, and/or investment of the public funds of the City, as
authorized by the City Investment Policy.
d. The Finance Director shall designate the accounts and depositories to be created and
designated for such purposes, and the methods of withdrawal of funds therefrom for use by and
for the purposes of the Corporation upon the signature of the Finance Director and the Secretary.
e. The accounts, reconciliation, and investment of such funds and accounts shall be
performed by the Department of Finance of the City.
SECTION 12. EXPENDITURES OF CORPORATE MONEY.
a. The monies of the Corporation, including sales and use taxes collected pursuant to
Section 4B of the Act, the proceeds from the investment of funds of the Corporation, the
proceeds from the sale of property, monies derived from the repayment of loans, rents received
from the lease or use of property, the proceeds derived from the sale of bonds, and other
proceeds may be expended by the Corporation for any of the projects authorized by the Articles
of Incorporation, consistent with the Act, subject to the following limitations:
1) Expenditures from the proceeds of bonds shall be identified and described in the
orders, resolutions, or other agreements submitted to and approved by the City
Council prior to the sale and delivery of the bonds to the purchasers thereof.
2) Expenditures that may be made from a fund created from the
proceeds of bonds, and expenditures of monies derived from
sources other than the proceeds of bonds may be used for the
13
purposes of financing or otherwise providing one or more projects,
as defined in the Act. The specific expenditures shall be described
in a resolution or order of the Board and shall be made only after
the approval thereof by the City Council.
3) All other proposed expenditures shall be made in accordance with
and shall be set forth in the annual budget required by these
Bylaws or in contracts meeting the requirements of the Articles.
b. No bonds, including refunding bonds, shall be authorized or sold and delivered by the
Corporation unless the City Council shall approve such bonds, by action taken prior to the date
of sale of the Obligations and witnessed by a resolution, as adopted by the City Council.
SECTION 13. CONTRACTS.
a. As provided herein, the President and Secretary shall enter into any contracts or other
instruments which the Board has approved and authorized in the name and on behalf of the
Corporation. Such authority may be confined to specific instances or defined in general terms.
b. When appropriate, the Board may grant a specific or general power of attorney to carry
out some action on behalf of the Board, provided, however that no such power of attorney may
be granted unless an appropriate resolution of the Board authorizes the same to be done.
c. All contracts or other instruments, as described herein, approved and authorized by the
Board shall be approved by the City Council.
ARTICLE V
MISCELLANEOUS PROVISIONS
SECTION 1. PRINCIPAL OFFICE.
a. The principal office and the registered office of the Corporation shall be the registered
office of the Corporation specified in the Articles of Incorporation.
b. The Corporation shall have and shall continually designate a registered agent at its
registered office, as required by the Act.
SECTION 2. FISCAL YEAR.
a. The fiscal year of the Corporation shall be the same as the fiscal year of the City.
14
SECTION 3. SEAL.
a. The Board shall obtain a corporate seal which shall bear the words "Corporate Seal of
Coppell Recreation Development Corporation".
b. The Board may thereafter use the corporate seal and corporate name; but these Bylaws
shall not be construed to require the use of the corporate seal.
SECTION 4. APPROVAL OR ADVICE AND CONSENT OF THE
CITY COUNCIL.
a. To the extent that these Bylaws refer to any action, approval, advice, or consent by the
City or refer to action, approval, advice or consent by the City Council, such action, approval,
advice or consent shall be approved by a Resolution, duly adopted by the City Council.
b. Amendments to these Bylaws shall be approved by a Resolution, duly adopted by the
City Council.
SECTION 5. INDEMNIFICATION OF DIRECTORS, OFFICERS AND
EMPLOYEES.
a. As provided in the Act and in the Articles of Incorporation, the Corporation is, for the
purposes of the Texas Tort Claims Act (Subchapter A, Chapter 101, Texas Civil Practices and
Remedies Code), a governmental unit and its actions are governmental functions.
b. The Corporation shall indemnify each and every member of the Board, its officers, and
its employees, and each member of the City Council and each employee of the City, to the fullest
extent permitted by law against any and all liability or expense, including attorney's fees,
incurred by any such persons by reason of any actions or omissions that may arise out of the
functions and activities of the Corporation.
c. The Corporation may purchase and maintain insurance on behalf of any Director, officer,
employee, or agent of the Corporation, or on behalf of any person serving at the request of the
Corporation as a Board member, officer, employee, or agent of another corporation, partnership,
joint venture, trust, or other enterprise, against any liability asserted against that person and
incurred by that person in any such capacity or arising out of any such status with regard to the
Corporation, whether or not the Corporation has the power to indemnify that person against
liability for any of those acts.
15
SECTION 6. GIFTS.
The Board may accept on behalf of the Corporation any contribution, gift, bequest, or device for
the general purpose or for any special purposes of the Corporation.
SECTION 7. CODE OF CONDUCT.
Each Director, including the President and Vice President, its officers, employees, and
agents shall abide by and be subject to the City Code of Conduct.
SECTION 8. AMENDMENTS TO BYLAWS.
a. These Bylaws may be amended or repealed and new Bylaws may be adopted by an
affirmative vote of four (4) of the Board Directors, subject to approval by the City Council.
b. The City Council may amend these Bylaws at any time. Such amendments by the City
Council will be duly noted to the Board.
SECTION 9. DISSOLUTION OF THE CORPORATION.
Upon dissolution of the corporation, titles to or other interest in any real or personal property
owned by the Corporation at such time shall vest in the City of Coppell.
SECTION 10. APPLICABILITY OF CITY CHARTER, POLICIES AND
PROCEDURES.
a. The City Charter and all duly approved City policies and procedures shall apply directly
to the Corporation and the Board unless such charters, policies or procedures are superseded by
state law or not related to the function of the Board.
b. The Board has the prerogative, subject to approval by the City Council, to adopt other
policies and procedures, in addition to, or in place of, those of the City.
SECTION 11. EFFECTIVE DATE.
These Bylaws shall become effective upon the approval of such by the Board and by the City
Council, upon adoption of a Resolution.
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
January 9, 2007
13/G
✔
ORDINANCE
Consider approval of an Ordinance for Case No. ZC-620, the Duke Lesley Addition, zoning change request from A
(Agriculture) to LI (Light Industrial) on Block A, containing 111.6 acres of property and HC (Highway Commercial) on
Blocks B and C, containing 72.9 acres of property, to allow the development of mixed uses, including retail, office,
hotel and light industrial (office/warehouse) on a total of 184.5 acres of property located at the northwest corner of
IH-635 and Beltline Road and authorizing the Mayor to sign.
On November 16, 2006, the Planning Commission recommended
approval of this zoning change (6-0). Commissioner Frnka was absent.
On December 12, 2006, Council unanimously approved this zoning
change (5-0). Councilmembers Hinojosa-Flores and Tunnell were
absent.
Staff recommends approval.
@ZC-620 DL ORD. (Con) 1-AR
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 A (AGRICULTURE) TO LI (LIGHT INDUSTRIAL) ON BLOCK A,
CONTAINING APPROXIMATELY 111.6 ACRES OF PROPERTY; AND, TO GRANT A
CHANGE IN ZONING FROM A (AGRICULTURE) TO HC (HIGHWAY COMMERCIAL)
ON BLOCKS B AND C, CONTAINING APPROXIMATELY 72.9 ACRES OF PROPERTY
TO ALLOW THE DEVELOPMENT OF MIXED USES, INCLUDING RETAIL, OFFICE,
HOTEL AND LIGHT INDUSTRIAL (OFFICE/WAREHOUSE) FOR A TOTAL ACREAGE
OF APPROXIMATELY 184.5 ACRES OF PROPERTY GENERALLY LOCATED AT THE
NORTHWEST CORNER OF IH-635 AND BELTLINE ROAD AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND
INCORPORATED HEREIN; 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. ZC-620 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 to grant a change in zoning from A (Agriculture) to LI (Light Industrial) on
Block A, containing approximately 111.6 acres of property; and, to grant a change in zoning from A
(Agriculture) to HC (Highway Commercial) on Blocks B and C, containing approximately 72.9 acres of
property for a total acreage of approximately 184.5 acres of property generally located at the northwest
1
2.00//010207CBD
corner of IH-635 and Beltline Road and being more particularly described and depicted in Exhibit “A”
attached hereto and incorporated herein.
SECTION 2. 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 3. 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 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 not
in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 5. 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.
SECTION 6. 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 7. 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
2
2.00//010207CBD
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 8. 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
___________________, 2007.
APPROVED:
_____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 1/2/07)
3
2.00//010207CBD
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
January 9, 2007
14
✔
PUBLIC HEARING
Consider approval of a Resolution granting a variance of one hundred (100') feet to Good Spirits #4115 (Albertsons)
from the 300-foot prohibited requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16-2 of the Code of
Ordinances, to a business selling or offering for sale alcoholic beverages, with a business address being 110 Sandy
Lake Road; and authorizing the Mayor to sign.
This variance is being filed for the Albertson's grocery store at the northwest corner of Sandy Lake Road and Denton
Tap. The property line of this business is within 300 feet of the Coppell Montessori Academy which is located on Fitness
Court.
Staff recommends approval based on location being grandfathered.
, :ALCOHOLIC tng0@8eraldfranklinagency.com Form L-101 -A (1 12004) ga APPLICATION FOR RETAILER'S PERMIT OR LICENSE
ISSUE DATE FEE SURCli4RGE LATE FEE (RENEWAL ONLY)
b
I I I I
1A. APPLICATION FILED FOR:
BG WINE AND BEER RETAILER'S PERMIT Ref~iat~y NO.
BE BEER RETAIL DEALER'S ON-PREMISE LICENSE PS PACKAGE STORE TASTING PERMIT
BQ WINE AND BEER RETAILER'S OFF-PREMISE PERMIT N PRIVATE CLUB REGISTRATION PERMIT
[7 BF BEER RETAIL DEALER'S OFF-PREMISE LICENSE C] NB PRIVATE CLUB BEER AND WINE PERMIT
BL RETAIL DEALER'S ON-PREMISE LATE HOURS LICENSE NE PRIVATE CLUB EXEMPTION CERTIFICATE PERMIT
C] BP BREWPUB LICENSE C] NL PRIVATE CLUB LATE HOURS PERMIT
C] V WINE & BEER RETAILER'S PERMITFOR EXCURSION BOATS C] PE BOIERAGE CARTAGE PERMIT
C] Y WINE 81 BEER RETAILER'S PERMIT FOR RAILWAY DINING CAR C] MB MIXED BEVERAGE PERMIT
C] P PACKAGE STORE PERMIT C] LB MIXED BEVERAGE LATE HOURS PERMIT
Q WINE-ONLY PACKAOE STORE PERMIT MI MINIEAR PERMIT
LP LOCAL DISTRIBUTOR'S PERMIT CB CATERER'S PERMIT
C] E LOCAL CARTAGE PERMIT FB FOOD AND BEVERAGE CERTIFICATE
[7 El LOCAL CARTAGE TRANSFER PERMIT RM MUCED BEWERAGE RESTAURANT PERMIT WITH FB
B. Application is for: (Xl Original Renewal Renewal Change Change of
C. If renewal or change, enter license/perrnit no@).
D. If applying for subordinate only, enter primary licenselpennit no.
2A. Applicant is: % B. Indlcate primary business at this location:
Individual I7 01-Wtaurant IXI OgG~~~~ryIMarket
Partnership 02-Bar 07-Liquor Store
Limited Pamership 03Sexually Oriented OsOas Station
Limited Liability Partnership 044podng Arena, Civic Center, Hotel Ij 10-Pari-mutuel Wagering
Corporation C] 05-Miscellaneous Ij I I-Gonvenience Store with Gas
H Lhnited Liability Company C] 12-Convenience Store without Gas
Other
C] Unincorporated Association of Persons (Private Clubs Only)
C. Does applicant require employees to attend an agency-approved seller training course? ............... 2 C. Ye9 N
D. Is We music featured two or more times per week? ............................................................. D. Yes IXI N
E. Has the proposed licensed location been reviewed for compliance with Tile Ill of the Americans with Yes ................................................................................................... DisabiiM Act of 19907
F. Does the applicant own the land and building at the proposed licensed location? ......................... F. Yes N
BUS. TYPE
TRADE
CODE
G. if locafmn has not been licensed within the last 24 months for on-premise consumption of alcoholic
beverages, indicate date sign was posted .............................................................................. G. NIA
-3; .----Trade Name.of,Business ; ,.w.,------.--.- .. .- -. .--". ................ ---. --.,
... - ... .. . ...... - ........
~ood Splrits,LIX(Store # 4115 )
4. Address or Location CITY CODE
110 Sandv Lake Road
ClY Ca bll."Yty State ZIP Code (9 Digits)
ppell TX 75019 -
5. Mailing Address city State ZIP Code (9 Digits) ~WIJ
7580 Oak Grove Road , Fort Worth TX 76140 -
I Social Security Number I Issuing State and Driver's License Number - -
Residential Address City State ZIP Code (9 Digits) -
I I I
8. Has the person named in 7A abow,been a legal resident of Texas for one year immediately preceding
the filing of this application? .................................................................................................. 78. Dyes No
CITY OF Coppell
Application For Alcoholic Beverage Variance
APPLICATION FOR (CHECK ONE):
WINE AND BEER RETAILER'S OFT-PREMISE PERMIT
[7 MMED BEVERAGE RESTAURANT PERMIT WITH FB
PLEASE PRINT OR TYPE THE FOLLOWING:
APPLICANT'S NAME: tjood Spirits, LLC
lake Road. bppell. TX 75019
81 /-568-3959
Address 110 1
Phone Number -
NAME OF ESTABLISHPAEEJT:
LOCATION OF E
-6679
k 6-16-2 General Requirements.
A. The sale of beer in residential areas or within residential zoning districts is prohibited.
B. Where otherwise allowad, the legal sale of alcoholic beverages as permitted f6r on-premise or off-premise consumption shall
not occur atter 12 midnight or befm 7 a.m. except for on Sunday where such legal sale shall not occur after 12 midnight or before 12 noon.
C. Alcoholic beverages shall not be sold by a dealer whose place of business is within 300 feet of a church, public or private
school, or public hospital. This Subsection does not apply to the holder of
I. A license or permit who also holds a food and beverage certificate covering a premise that is located within 300 feet of
a private school; or
2. A li- or permit covering a premise where minors are prohibited from entering under Section 109.53 or the Texas
Alcoholic Bevem Code. as amended and that is located within 300 feet of a private school.
D. A private school may request &om the governing body of the city of Coppell that sales be prohibited within one
thousand feet (1,000') of the propetty of said school.
E. The measurement of the distance between the place of business where alcoholic beverages are sold and the church or public
hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections.
F. The measurement of the distance between the place of business where alcoholic beverages are sold and the public or private
school shall be:
I. in a direct line from the property line of the public or private school to the property line of the place of business, and in
a direct line across intersections; or
?. if the p it or license holder is located on or above the fifth story of a multistory building, in a direct line from the
propetty line of the public or private school to the property line of the place of business, in a direct line across
intersections, and vertically up the building at the property line to the base of the floor on which the permit or license
holder is located.
G. Every applicant for an original alcoholic beverage license or permit for a location with a door by which the public may enter
the place of business of the applicant that is within 1,000 feet of the nearest property line of a public or private school, measured along street
lines and directly across intersections, must give written notice of the application to officials of the public or private school before filing the
application with the TcxaJ Commission. A copy of the notice must be submitted to the commission with the application.
This subsection does not apply to a pit or license covering a premise where minors are prohibited from entering the premises.
H. The City Council may after a Public Hearing and a publication of a notice ten (10) days prim to the Hearing in the official
City newspaper, allow variances to the regulation if it dctumincs that enforcement of the regulation in a particular instance is not in the best
interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or
permit, does not serve its intended purpose, is not mtive or necessary, or for any other reason, after consideration of the health, safety, and
welfare of the public and the equities of the situation, determines is in the best interest of the community.
Sec 6-16-3 Day Cares /Child Care Facilities.
Provisions of Section 6-16-2 relating to a public school also apply to a day-care center and a child-care facility as those terms are
defined by Section 42.002, Human Resources Code for a permit or license holder under Chapter 25,28,32, 69, or 74 who does not hold a
food or beverage certificate. This Subsection does not apply to a permit or license holder who sells alcoholic beverages it
1. The permit or license holder and the day-care center or child-care facility are located on different stories OC a
multistory building; or
2. the perniit or license holder and the day-care cenm or child-care facility are located in separate buildings and either
the permit or license holder or the day-care center or childcare facility is located on the second story or higher of a
multistory building."
Dallas
NOTICE OF PUBLIC HEARING
The City Council of the city of Coppell will hold a public hearing on Tuesday, the 9th day
of January, 2007, at 7:00 p.m., in the Coppell Town Center, for the purpose of
considering a variance filed by Good Spirits, LLC #4115 (Albertsons) who has submitted
an application for Wine and Beer Retailer’s Off-Premise Permit at 110 Sandy Lake Road,
which address falls within 300 feet of a public or private school or day care center. Any
citizen of the City or other party of interest may also express his or her opinion
concerning this request by letter addressed to the city of Coppell City Secretary
Department, 255 Parkway Boulevard, Coppell, TX 75019
PUBLIC NOTICE 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).
Good Spirits, LLC (Alberton's)
Coppell Montessori
Sandy Lake RdOak TrlDenton Tap RdDickens DrShadydale LnFitness Ct
Town Center Dr
Georgian DrTown Center BlvdWillow Ln
Shady Oaks
Greenwood Ct
300 Feet Scale: 1" = 300' 300' From Good Spirits LLC, (Albertson's)²
RESOLUTION NO. ______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, GRANTING A DISTANCE VARIANCE OF
ONE HUNDRED (100’) FEET TO GOOD SPIRITS, LLC #4115,
LOCATED AT 110 SANDY LAKE ROAD, COPPELL, TEXAS, AS
PROVIDED IN SECTION 6-16-2(H) OF THE CODE OF
ORDINANCES OF THE CITY OF COPPELL; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Article 6-16 of the Code of Ordinances places certain distance
prohibitions from churches, schools, and day cares to businesses that sell or offer to sell
alcoholic beverages; and
WHEREAS, the City Council may grant a variance to such business upon proof
that the best interest of the public are not served by strict compliance with the regulations;
and
WHEREAS, Good Spirits, LLC #4115 (hereinafter, “Applicant”) is located within
300 feet of a church, school or day care; and
WHEREAS, the Applicant has provided sufficient proof that such regulation
constitutes waste or inefficient use of land, or create an undue hardship and is otherwise not
effective or necessary after consideration of the health, safety and welfare of the public; and,
WHEREAS, the City Council has determined that the best interest of the
community will be served by a grant of such variance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF COPPELL, TEXAS:
SECTION 1. That a variance of one hundred (100’) feet shall be granted to Good
Spirits, LLC #4115, located at 110 Sandy Lake Road, Coppell, Dallas County, Texas, as
provided in Section 6-16-2 (H) of the Code of Ordinances of the City of Coppell.
SECTION 2. That the variance granted herein is in personam to the above named
Applicant and shall expire upon relinquishment of any permit authorized by the TEXAS
ALCOHOLIC BEVERAGE COMMISSION or its successor.
SECTION 3. That this Resolution shall take effect immediately from and after its
passage as the law and charter in such cases provide.
1
DULY PASSED by the City Council of the City of Coppell, Texas, this the 9th day
of January, 2007.
APPROVED:
___________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
___________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 12/28/06)
2
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
January 9, 2007
15
✔
PUBLIC HEARING
Consider approval of a Resolution granting a variance of two hundred (200') feet to Kroger #448 from the 300-foot
prohibited requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16-2 of the Code of Ordinances, to a
business selling or offering for sale alcoholic beverages, with a business address being 950 E. Sandy Lake Road; and
authorizing the Mayor to sign.
This variance is being filed for the Kroger's grocery store at the northwest corner of Sandy Lake Road and MacArthur
Boulevard. The property line of this business is within 300 feet of Lakeside Elementary School which is located across
the street on MacArthur Boulevard.
Staff recommends approval based on location being grandfathered.
--
F~nn L-101-A (1/2004)
/ APPLICA~ FOR RETAILER'S PERMIT OR LICENSE
?A. APPLICATION FILED FOR:
BG WINE AND BEER RETAILER'S PERMIT Re$Wty NO.
BE BEER RETAIL DWWS OWPREMISE LICENSE P8 PACKAGE mRE TA$W FfSWlT
@ BQ WINE AND BEER RETAILEReS OFFPREMISE PERMIT # PRIVATE CLUB REWTMTWN PERMIT
BF BEER RET'AL DEALERS OFFPREMISE UOENSE NB PWATE CLUB BEMI AND WE PERMIT
0 Rl RETAIL DEALERS ONPREMISE LATE HOURS UCHE 0 NE PWVATE CLUE EXEMPTKBJ OEPZTIWCATE RRM-
13P BREWPUBLICENSE NL PRNATE CLUB LATE HOURS FWWT
V WINE & BEER RETAILER'S PERMIT FOR MCIIRSION BOATS PE eEvfFeAoE CAWAGE PEWIT
Y WlNE & BEER RETAILERS PEWIT FOR RAILWAY DlNMG CAR MB MWED BEVERAGE PERMIT
0 P PACKAGE STORE PERMIT ' LB MI= &MERAGE LATE HOUR3 PERMIT
Q WINE-ONLY PACKADE STORE PERMIT MI . MINIBAR PERMIT
LP LOCAL DESTRIBUTOR'S PERMIT CB CATERER'S PERMIT
WOKY T-
WMG.GQDL~
BVB. TYPE
?MOE
ooR
WeImR -
~WDE
PMI(TYC~OB
PECOD~
f
E LOCAL CARTAGE PERMIT FB FOOD AND BEVERAGE CERTlFlCATE
0 ET LWAL CARTAQE TRANSFER PERMIT OW WEDB~WAUW~WTH%
6. Application is for: Original Renewal Renewal Change Change of
C. If renewal or change, enter licenmlpmit no(s).
D. If applying for subordlnab only, enter primary IicenWperrnit no.
2A. Applicant is:
individual
Partnership
Umited Partnership
1 Umked Liability Partnership
\
I Corporation
, Lhnited Liability Company
6. Indicate prilnary bwlness at tZka lewtlan:
Ol-Restaurant 0&(3mMark&
02-Bar 07-Liquor Store
OSSexuaily Oriented @%Gas Stallon
Wporting Arena, Civic Center, Hotal I&P&mutuel wagering
OWidhneous 1 I-Convenience Sbre with Gas
12-ConweRiencg Stors without Qas
I
Uninmrporatawl Ansodatlonlof Persons (Private Clubs Only)
C. Does applicant require em& to attend an agency-approved s& Bainlng course? ............... 2 C. Yms Wo , D. is live muslc featured two or more times per week? ............................................................... D. Ym No
E. Has the proposed licensed Lacetion been reviewed for compCiance wsth Tltle Ill of the Amerioans ~4th Yes No ........... Dlsabiiltles Act of 1 SO? ................................................................................... ..
F. Does the applicant own the land and building at the propwed licensed location? ......................... F. Yes b
G. if location has not been licensed within the last 24 months for on.premise consumption of elcoholic
beverages, lndlcate date dgn was pasted ............................................................................ G.
- 3. Trade Name of Bustnees - - -- -
Kroger # 448
4- 7 resg or Location
9 0 E. Sandy Me
%&11 hVXS
5. Mailing Address City
1 S245 David Memortal Dr. Shewah
State Ix
Sbte
TX
fP'Code (9 Diglfs)
75619 -
ZlP Wa (9 Digits)
71888 -
Appt1mt's E-Mail AM(rrpllcmi) 6. Area Code + Bttslness Phone No.
( 972 1462 - 8584
Area Code + Memate Phone No.
( 713 ) 807 - 8006
A. Full Legart Name of IndMdual (Last First Middle) Date aPmWDPPM
I I
Soda1 Security Number -
Residential Address
B. Has the person named In 7A abwe been a legal mklent of Tlucas for one year hdw preceding
the filing of this application? ............................................................................................... 78. OYgs a k
lssulng State and DrWs License Number
cw Stevte ZIPCoC(~Diglb) -
THL.~ITY-OP
COPPELL CIN OF Coppell
Application For Alcoholic Beverage Variance
APPLICATION FOR (CHECK ONE):
WINE AND BEER RETAILER'S OW-PREMISE PERMIT
MIXED BEVERAGE RESTAURANT PERMIT WITH FB
PLEASE PRINT OR TYPE THE FOLLOWING:
APPLICANT'S NAME: {&IF- en i
vld .Memoria_l b. , She~goah~ Address -,, -- - 77385
Phone Number 713-5-
Address 11377 W. Olmic Blvd. . Los Aneeles , Ca 90064
Phone Number 1 4 0 53 YjG - (. 3 3L
See. 6-16-2 General Requirements.
A. The sale of beer in residential meas or within rwidential zoning disbicts is prohibited
B. Where otherwise allowed, the legal sale of alcoholic beverages as permitted for on-premise or off-premise consumption shall
not occur a& 12 midnight or before 7 am. except for on Sunday where such legal sale shall not occur after 12 midnight or before 12 noon.
C. Alcoholic beverages shall nol be sold by a dealer whose place of business is within 300 feet of a church, public or private
school, or public hcspital. This Subsection does not apply to the holder of:
1. A license or permit who also holds a food and beverage certificate covering a premise that is located within 300 feet of
a private school; or
2. A license or permit covaing a premise where minors srs prohibited 6om entering under Section 109.53 ~f the Tea
Code. RS am- and that is located within 300 bt of a private school.
D. A private school may request from the governing body of the city of Coppell that sales be pmhibitcd within one
thousand feet (1,000') of the property of said school.
E. The measurement of the distance bctwecn the place of busiiess where alcoholic beverages arc sold and the church or public
hospital shall be along the property lines of the stred 6unts and from front door to kt door, and in direct linc amm intewctiow.
F. Ths measurement of the distance between the place of business where alcoholic beverages are sold and the public or private
school shall be:
I. in a direct line from the properly line of the public or private school to the properly line of the place of business, and in
a direct line across intemections; or
2. if the permit or license holder is located on or above the fiRh story of a multistory building, in a direct line from the
property line of the public or private school to the properly line of the place of business, in a dim line iicross
inkmectionq and vertically up the building at the property line to the base of the floor on which the permit or lioarse
holder is located.
G. Every applicant for an original alcoholic beverage license or permit fore location with a door by which the public may enter
the place of busiiess of the applicant that is within 1,000 feet of the nearest prom line of a public or private school, measured along street
lines and directly across intersections, must give written notice of the application to officials of the public or private school before filing the
application with the -holic Bevm Commission. A copy of the notice must be submitted to the commission with the application.
This subsection does not apply to a permit or license covering a premise where minors are prohibited from entering the premises.
H. The City Council may aftu a Public Hearing and a publication of a notice ten (10) days prior to the Hating in the ofl6ci
City newspaper, allow variances to the regulation if it determinea that enforcGment of the regulation in a particular instance is not in the bmt
interest of the public, constitutes waste or inef%cient use of land or other rcsourccs, mates an undue hardship on an applicant tbr a lh ur
pennit, does not sern its intended purpot~, is not mve or necessary, or for any other reason, after cansideration of the health, safety, and
welfare of the public and the equities ofthe situation, de4wminc.s is in the best intenst of the conununity.
Sec. 6-163 Day Cares 1 Child Care Facilities.
Provisions of Section 6-16-2 relating to a public school also apply to a day-care center and a child-care facility as those tams are
defined by Section 42.002, Human Resources Code for a permit or license holder under Chapta 25,28,32,69, or 74 who does not hold a
food or bevemge certificate. This Subsection does not apply to a permit or license holder who sells alcoholic berages if:
1. The permit or license holder and the day* center or childcare facility an lo& on difkrent stories of a
multistory building; or
2. the permit or license holder and the day-care center or child-care fircility are located in separate buildings and either
the permit or license holder or the day-care center or child-care hility is located on the mcmd story or higher of a
multistory building."
- - - . . - - - . - - - .
late Scheduled ~o~~i&~ourtc~~~ublic H
late notice published in newspaper:
ipplication Approved: yeso NOC]
iigned by: Date: - -
NOTICE OF PUBLIC HEARING
The City Council of the city of Coppell will hold a public hearing on Tuesday, the 9th day
of January, 2007, at 7:00 p.m., in the Coppell Town Center, for the purpose of
considering a variance filed by Kroger # 448 who has submitted an application for Wine
and Beer Retailer’s Off-Premise Permit at 950 E. Sandy Lake Road, which address falls
within 300 feet of a public or private school or day care center. Any citizen of the City or
other party of interest may also express his or her opinion concerning this request by
letter addressed to the city of Coppell City Secretary Department, 255 Parkway
Boulevard, Coppell, TX 75019
PUBLIC NOTICE 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).
Kroger
Lakeside Elementary
San dy La ke RdMacArthur BlvdMapleleaf Ln
Vi l l a g e P k w yLaguna LnKimbel CtFountain Dr Laguna Dr
Sugarberry Dr Spyglass DrWestwind DrPin yo n Dr
P i n t a i l C t
C h e r r y w o o d T r l
Portside DrO a k w o o d L n
Westwind Cove
Cascade WayFountain Head Ln Redwood DrFountain View Pl300 Feet Scale: 1" = 300' 300' From Kroger # 448 ²
RESOLUTION NO. ______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, GRANTING A DISTANCE VARIANCE OF
TWO HUNDRED (200’) FEET TO KROGER #448, LOCATED AT
950 E. SANDY LAKE ROAD, COPPELL, TEXAS, AS PROVIDED IN
SECTION 6-16-2(H) OF THE CODE OF ORDINANCES OF THE
CITY OF COPPELL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Article 6-16 of the Code of Ordinances places certain distance
prohibitions from churches, schools, and day cares to businesses that sell or offer to sell
alcoholic beverages; and
WHEREAS, the City Council may grant a variance to such business upon proof
that the best interest of the public are not served by strict compliance with the regulations;
and
WHEREAS, Kroger #448 (hereinafter, “Applicant”) is located within 300 feet of a
church, school or day care; and
WHEREAS, the Applicant has provided sufficient proof that such regulation
constitutes waste or inefficient use of land, or create an undue hardship and is otherwise not
effective or necessary after consideration of the health, safety and welfare of the public; and,
WHEREAS, the City Council has determined that the best interest of the
community will be served by a grant of such variance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF COPPELL, TEXAS:
SECTION 1. That a variance of two hundred (200’) feet shall be granted to Kroger
#448, located at 950 E. Sandy Lake Road, Coppell, Dallas County, Texas, as provided in
Section 6-16-2 (H) of the Code of Ordinances of the City of Coppell.
SECTION 2. That the variance granted herein is in personam to the above named
Applicant and shall expire upon relinquishment of any permit authorized by the TEXAS
ALCOHOLIC BEVERAGE COMMISSION or its successor.
SECTION 3. That this Resolution shall take effect immediately from and after its
passage as the law and charter in such cases provide.
1
DULY PASSED by the City Council of the City of Coppell, Texas, this the 9th day
of January, 2007.
APPROVED:
___________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
___________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 12/28/06)
2
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
January 9, 2007
16
✔
PUBLIC HEARING
Consider approval of a Resolution granting a variance of one hundred fifty (150') feet to Speedy K Mart from the
300-foot prohibited requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16-2 of the Code of
Ordinances, to a business selling or offering for sale alcoholic beverages, with a business address being 600 E. Sandy
Lake Road, Suite 100; and authorizing the Mayor to sign.
This variance is being filed for the Speedy K Mart at the southeast corner of Sandy Lake Road and Moore Road. The
property line of this business is within 300 feet of The Sunshine House which is located behind the Speedy K Mart on
Moore Road.
Staff recommends approval based on location being grandfathered.
.xA;ip! ............... 6 & s .-shg "%. ..............
1 "llll L-IVI-.?, \,ILUW-?)
- = =WlSSK)N: - -- . APPLICATION O~SUI- r J - ICENSE
uf?pbg Tewa wet!
Oorr 25 Years Crnnbkd T~BO mrimu
2730 Stemmom FCeeW, west Tower
Suite 206W, Dale, Texas 75207
phone: 2 14-630-5390 Fax: 214-630-5 198
Kathy L. Gildon Katrina Runnels
huklent VICE Pddmt
Cell: 2lCSQ4-9622 Coll: 214-394-4769
LATE FEE (RENEWAL ONLY)
Email: Kathy56531@al.e0m . E-mail: hba@ml.~m
I I
1A. APPLICATION FILED FOR:
BG WINE AND BEER RETAILER'S PERMIT Registry NO.
I
BE BEER RETAIL DEALER'S ON-PREMISE LICENSE PS PACKAGE STORE TASTING PERMIT
BQ WINE AND BEER RETAILER'S OFF-PREMISE PERMIT N PRIVATE CLUB REGISTRATION PERMIT
[7 BF BEER RETAIL DEALER'S OFF-PREMISE LICENSE NB PRIVATE CLUB BEER AND WINE PERMIT
BL RETAIL DEALER'S ON-PREMISE LATE HOURS LICENSE NE PRIVATE CLUB EXEMPTION CERTIFICATE PERMIT
BP BREWPUB LICENSE NL PRIVATE CLUB LATE HOURS PERMIT
V WINE 8 BEER RETAILER'S PERMIT FOR EXCURSION BOATS PE BEVERAGE CARTAGE PERMIT
Y WINE & BEER RETAILER'S PERMIT FOR RAILWAY DINING CAR MB MIXED BEVERAGE PERMIT
P PACKAGE STORE PERMIT LB MIXED BEVERAGE LATE HOURS PERMIT
Q WINE-ONLY PACKAGE STORE PERMIT MI MINIBAR PERMIT
LP LOCAL DISTRIBUTOR'S PERMIT C] CB CATERER'S PERMIT
TABC
USE ONLY
FUNC CODE
BUS TYPE
TRADE
CODE
>>i:IE\FcC:
EG80
CITY CODE
CWNWCOOE
PIC CODE
E LOCAL CARTAGE PERMIT FB FOOD AND BEVERAGE CERTIFICATE
ET LOCAL CARTAGE TRANSFER PERMlT RM MIXED BEVERAGE RESTAURANT PERMIT WITH FB
B. Application is for: Original Renewal Renewal Change Change of
C. If renewal or change, enter licenselpermit no(s).
. D. If applying for subordinate only, enter primary licenselpermit no.
2A. Applicant is: B. Indicate primary business at this location:
Individual 01-Restaurant 06-GrocerylMarkel
Partnership 02-Bar 07-Liquor Store
Limited Partnership 03-Sexually Oriented [7 08-Gas Station
Limited Liability Partnership 04-Sporting Arena. Civic Center. Hotel 10-Pari-mutuel Wagering
Corporation 05-Miscellaneous 11-Convenience Store with Gas
Limited Liability Company C] 12-Convenience Store without Gas
Other
[7 Unincorporated Association of Persons (Private Clubs Only)
C. Does applicant require employees to attend an agency-approved seller training course? ............... 2 C. Yes No
D. Is live music featured two or more times per week? ................................................................ D. Yes [XI NO
E. Has the proposed licensed location been reviewed for compliance with Title Ill of the Americans with E. ,, Yes No Disabilities Act of 1990? ...................................................................................................
F. Does the applicant own the land and building at the proposed licensed location? ........................ F. Yes IX] NO
G. If location has not been licensed within the last 24 months for on-premise consumption of alcoholic
beverages, indicate date sign was posted .............................................................................. G. NIA
3. Trade Name of Business
Speedy K Mart
4. Address or Location
600 E. Sandy Lake Rd. Suite 100
ZIP Code (9 Digits)
75019 - 3098
ZIP Code (9 Digits)
75019 - 3098
City County
Coppell Dallas
5. Mailing Address City
Same As Above Co~pell
State
TX
State
TX
6. Area Code + Business Phone No. Area Code + Alternate Phone No.
( 972 ) 462 - 7545 ( 972 ) 849 -2031
Applicant's E-Mail Address (optional)
7A. Full Legal Name of Individual (Last. First, Middle)
FAHlM Mohammed INmn\
Date of Birth-MMIDDNYW
12 1 25 1 1974
5791 MIDNIGHT MOON DR.
6. Has the person named in 7A above been a legal resident of Texas for one year immediately preceding
the filing of this application? ............................................................................................... 7B. Byes NO
river's License Number
Frisco
State
TX
ZIP Code (9 Digits)
75034 - 0713
CITY OF Coppell
Application For Alcoholic Beverage Variance
APPLICATION FOR (CHECK ONE):
WINE AND BEER RETAILER'S OFF-PREMISE PERMIT
MMED BEVERAGE RESTAURANT PERMIT WITH FB
PLEASE PRINT OR TYPE THE FOLLOWING:
APPLICANT'S NAME: Mohammed Fahim
Address 600 E. Sandv Lake Rd. Suite 100. Corroell. TX 75019
Phone Nuinber (972) 162-7545
NAME OF ESTABLISHMENT: S~eedv K Mart
LOCATION OF ESTABLISHMENT (INCLUDING COUNTY): Address 600 E. Sandv Lake Rd. Suite 100, Co~~ell,
Dallas, Countv
Legal Description
Signature: me: 13-02-L 6
Property Owner's NAME: Sandv Lake Plaza LLC
Address 3135 Franklin Ave.. Waco, TX 76710
Phone Number (251) 753-0 103
Sec. 6-16-2 General Requirements.
.A. The sale of beer in residential areas or within residetitial zotiing districts is prohibited.
B. Where othmvise allowzd. tlx legal sale of alcoholic bzverages as permined for on-przniise or off-premisz cotaitt~~ptio~r shall not
occur after 12 midnight or hefore 7 a.m. escvpt for on Sutiday where such legal sale shall not otia aRer 12 midnight or hefore 12 noon.
C. .U~wliolic hevmges shall not he sold by a dealer whose place of business is within 300 fed of a church. public or private school. or
public hospital. This Suhsec~iot~ does not apply to tlu holder of:
1. .A li-w or pennit n~ho also holds a food and beverage ~wtificate covering a premise that is located withiti 300 !'kt of a
private scliool: or
2. .-\ lice= or pzrnrit covering a przlnise wlure niinors are prohibited hm entering under Section 109.53 of tht. 'I'exas
.Ucolrolic Ik\araae Code. as amended. and that is located wtthin 300 feet of a private drool.
D. X private scliool ma! request from the govzming body of the tit? of Coppell that sales he prohibited within o~w tlrottsand
I'et ( 1.000') of the property of said scl~ool.
E. The masllretnart ol'the distatice bzt\vecn the place of husiticss where alwholic beverage are sold and the churclr or puhlic llospital
shall he along the property lines of the stred fronts and hi frotil door to front door. and in direct line across intzrsadions.
F. The tireaulntnent of the distance hetneetr the place of business where alcoholic beverages are sold and the public or private school
shall he.
1. ill a direct lilie *om the property line of the public or private school to the property line of the place of business. and in n
direct litw across i~itm~ions: or
2. if the pennit or license holder is located on or above tlte fifth story of a milltistory building in a direct line frMn the prop&>
line of the public or private school to the propaty Iitle of the place of businas. in a direct line across intersectio~ls. and
vertically up the building at the property line to the base of the floor mi which the permit or license Irolder is locatzd.
G. Every applicant for an original alcoholic beverage limm or pcrn~it for a location with a door by which the public may enter the
place of business of the applicant that is witliitr 1.000 fet of the nearest propetty luie of a public or private school. mural along street lines and
directly across intersections. must give writlen notice of the application to officials of thz public or private s~-hool before filing the application with
tlu Texas Alcoholic Beverage Cotiuriissiotr. X copy of the laice tnrtst he s~rbtirittzd to the comnlission with the application. This subsection does
not apply to a perniit or lieat. covzri~rg a premise where minors are prohibited from entering the premises.
H Tlw City Coutdl may after a Public Hearing and a publication of a notice ten (10) days prior to the Hearing in the official City
newspaper. allow variances to the regulation if it dztennines that onfmmnt of the regulation in a particular instance is tiot in the bzst interest of
the public. cotlstitutes waste or it~efficiznt use of land or other resources. creates an undue hardship on an applicant for a license or pennit. dozs trot
serve its intended purpose. is tiot &ecZive or necessary. or for my other reason aRer comideration of the health. safety. and welfare of the public
and the qititie of the situatiott deterniities is in the hzst interest of the comnunity.
Sec. 6-16-3 Day Cares / ChiM Care Facilities.
Provisions of Section 6-16-2 relating to n public school alao apply to a day-care center and a child-care facility as those terms are
defined by Section 42.002. Hitnian Resoa~rczs Codz for a pamit or lime holder undzr Chapter 25.28.32.69. or 74 who dozs tiot hold a food or
kveray wtificate. This Si~bswtion does not apply to a pennit or license holder who sells aldiolic heveragzs if
I. The pzrniit or license holder and the day-care enter or child-care facility are located MI different stories of a nittltistop
b~lilding or
2. the peniiit or license holder and the day-care center or childare facility an located in separate hitildings and either the
pzrnrit or It~nsz holder or the day-care ca~ter or childenre facility is located on the wand ston or Itiglier of a multistot~
bailding."
NOTICE OF PUBLIC HEARING
The City Council of the city of Coppell will hold a public hearing on Tuesday, the 9th day
of January, 2007, at 7:00 p.m., in the Coppell Town Center, for the purpose of
considering a variance filed by Speedy K Mart who has submitted an application for
Wine and Beer Retailer’s Off-Premise Permit at 600 E. Sandy Lake Road, Suite 100,
which address falls within 300 feet of a public or private school or day care center. Any
citizen of the City or other party of interest may also express his or her opinion
concerning this request by letter addressed to the city of Coppell City Secretary
Department, 255 Parkway Boulevard, Coppell, TX 75019
PUBLIC NOTICE 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).
Speedy K Mart
Sunshine House Moore RdSan dy La ke Rd
Qua il Ln
Eag le D r
Holly StRaven LnNash StSamuel BlvdRobin Ln
Spa rro w L n
Swallow Dr
Austin Ct
Homewood DrHighland Meadow DrFinch LnBeaver Run DrHighland Meadow CirHolly St300 Feet Scale: 1" = 300' 300' From Speedy K Mart ²
RESOLUTION NO. ______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, GRANTING A DISTANCE VARIANCE OF
ONE HUNDRED FIFTY (150’) FEET TO SPEEDY K MART,
LOCATED AT 600 E. SANDY LAKE ROAD, SUITE 100, COPPELL,
TEXAS, AS PROVIDED IN SECTION 6-16-2(H) OF THE CODE OF
ORDINANCES OF THE CITY OF COPPELL; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Article 6-16 of the Code of Ordinances places certain distance
prohibitions from churches, schools, and day cares to businesses that sell or offer to sell
alcoholic beverages; and
WHEREAS, the City Council may grant a variance to such business upon proof
that the best interest of the public are not served by strict compliance with the regulations;
and
WHEREAS, Speedy K Mart (hereinafter, “Applicant”) is located within 300 feet of
a church, school or day care; and
WHEREAS, the Applicant has provided sufficient proof that such regulation
constitutes waste or inefficient use of land, or create an undue hardship and is otherwise not
effective or necessary after consideration of the health, safety and welfare of the public; and,
WHEREAS, the City Council has determined that the best interest of the
community will be served by a grant of such variance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF COPPELL, TEXAS:
SECTION 1. That a variance of one hundred fifty (150’) feet shall be granted to
Speedy K Mart, located at 600 E. Sandy Lake Road, Suite 100, Coppell, Dallas County,
Texas, as provided in Section 6-16-2 (H) of the Code of Ordinances of the City of Coppell.
SECTION 2. That the variance granted herein is in personam to the above named
Applicant and shall expire upon relinquishment of any permit authorized by the TEXAS
ALCOHOLIC BEVERAGE COMMISSION or its successor.
SECTION 3. That this Resolution shall take effect immediately from and after its
passage as the law and charter in such cases provide.
1
DULY PASSED by the City Council of the City of Coppell, Texas, this the 9th day
of January, 2007.
APPROVED:
___________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
___________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 12/28/06)
2
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
January 9, 2007
17
✔
PUBLIC HEARING
Consider approval of a Resolution granting a variance of one hundred (100') feet to Tom Thumb #2588 from the
300-foot prohibited requirement under Ordinance No. 2006-1143, Article 6-16, Section 6-16-2 of the Code of
Ordinances, to a business selling or offering for sale alcoholic beverages, with a business address being 820 S.
MacArthur; and authorizing the Mayor to sign.
This variance is being filed for the Tom Thumb grocery store at the southeast corner of Beltline and MacArthur. The
property line of this business is within 300 feet of the Discover and Share Day Care which is located behind the strip
center located on the northeast corner of Beltline and MacArthur.
Note: A variance was granted on December 12, 2006 for the Chevron Station at this same location.
Staff recommends approval based on location being grandfathered.
F~rm L-101-A (1/2004)
APPLICATION FOR RETAILER~S PERMIT OR LICENSE
I I I 1
A. APPLICATION FILED FOR: I
1 BG WINE AND BEER RETAILER'S PERMIT
7 BE BEER RETAIL DEALERS ONPREMISE LICENSE
WlNE AND BEER RETAILER'S OFF-PREMISE PERMIT
BEER RETAIL DEALER'S OFF-PREMISE LICENSE
RETAIL DEALER'S ONPREMISE LATE HOURS LICENSE
BREWPUB LICENSE
WlNE & BEER RETAILER'S PERMIT FOR EXCURSION BOATS
WlNE & BEER RETAILER'S PERMrr FOR RAILWAY DINING CAR
PACKAGE STORE PERMIT
WINE-ONLY PACWGE STORE PERMIT
LOCAL DISTRIBUTOR~S PERMK
LOCAL CARTAGE PERMIT
1 Realstry No. -.
PS PACKAGE STORE TASTING PERMIT
PRIVATE CLUB REGISTRATION PERMIT
PWATE CLUB BEER AND WlNE PERMIT
PRIVATE CLUB EXEMPTION CERTIFICATE PERMIT
PRIVATE CLUB LATE HOURS PERM
BEVERAGE CARTAGE PERMlT
MIXED BEVERAGE PERMIT
MIXED BEVERAGE LATE HOURS PERMIT
MINIEAR PERMIT
CATERER'S PERMIT
FOOD AND BEVERAGE CERTIFICATE
7 El LOCAL CARTAQE TRANSFER PERMIT RM MIXED BEVERAGE RESTAURANT PERMIT WITH FB
B. Application is for: [XI Original Renewal [7 Renewal Change Change of UBE TABC ONLY
C. If renewal or change, enter licenselperrnlt no(s).
D. If applying for subordinate only, enter primary Ilcerme/permR no.
2A. Applicant Is: B. Indicate primary business at this location: NNCCOM
I Individual 01-Restaurant OgGrocefy/Market -
Partnership 02-Bar 07-Liquor Store
I7 Umbd Partnetshlp ObSexualiy Oriented OSOas Station
Limited Uability Partnership OeSporUng Arena, CMc Center. Hotel [7 10-Pari-mutuel Wagerlng
I Corporation OSMlscellaneous 11-Convenience Store wlth Gas
Limited Liability Company 12-Convenlence Stom wrthout Gas TR*OE
other Con
Unlncorpomted Assodation of Persons (Prlvate Clubs Only)
C. Does applicant require employees to attend an agencygpproved seller training course? ............... 2 C. IXJ Yes q No
D. is llve music featured two or more times per week? ................................................................ D. Yes rn No
E. Has the proposed licensed location been reviewed for compliance wlth Mle Ill of the Arnerlcans wlth rn Yes q WE Disabilities Act of 19907 ...................................................................................................
F. Doee the applicant own the land and bulldhg at the pmposed licsnsed location? ......................... F. Yes rn No
G. If location has not been licensed within the last 24 monh for onpremise consumptton of alcoholic ............................................................................. beverages, indicate date sign was posded G. NIA
I. Trade Name of Business
Tom Thumb a588 .. Address or Locatton
820 3 Maarthur Rd.
city County state UP Code (9 Digits)
C~p~ell Dallas TX 75019 -
i. Manlng Addw Ci?J State ZIP Code (9 Digits) XWIYCOM
3663 Briarpark Houston TX 77842 -
I. Area Code + Business Phone No. Area Code + Alternate Phone No. Applicant's E-Mali Address (optional)
( 972 ) 393 - 0411 ( 713 ) 268 -3681
'A. Full Legal Name of individual (Last, First, Middle) Date of Birth~DIYYW
I I
Social Security Number ( lssulng State and Drlvets License Number - -
Residential Address cb Sbte ZIP Code (0 Digits)
I I I
6. Has the person named in 7A above been a legal mident of Texas for one year immediately preceding
the filing of this application? ................................................................................................. 76. OYes No
COPPELL CITY OF Coppell
Application For Alcoholic Beverage Variance
APPLICATION FOR (CHECK ONE):
WINE AND BEER RETAILER'S OFF-PREMISE PERMIT
MIXED BEVERAGE RESTAURANT PERMIT WITH FB
a G
APPLICANT'S NAME: - - -- --
Address- so MacArthur L.Fd.9 ~LY ln, lmy
ph /13 - 268 - Jb81
Ser. 6-16-2 General Requirements.
A. The sale of beer in residential areas or within residential zoning districts is prohibited.
B. Where otherwise allowed, the legal sale of alcoholic beverages as pemW for on-premise or off-premise consumption shall
not occur after 12 midnight or before 7 am. except for on Sunday where such legal sale shall not ocour after 12 midnight or before 12 noon.
C. Alcoholic bevewges shall not be sold by a dealer whose place of business is within 300 feet of a church, public or private
school, or public hospital. This Subsection does not apply to the bider of
1. A license or permit who also holds a fd and beverage certificate covering a pmise that is located within 300 feet of
a private school; or
2. A license or permit covering a premise where minors are prohibited from entering under Section 109.53
mholrc Beverape Code. as a and that is located within 300 feet ofa private school.
D. A private school may request from the governing body of the city of Coppell that sales be prohibited within one
thousand feet (1,000') of the property of said school.
E. The measurement of the distance between the place of business where alcoholic beverages are wld and the church or public
hospital shall be along the property lines of the street hnts and from front door to front door, and in direct line across intme&ions.
F. The measurement of the distance between the place of business where alcoholic beverages are sold and the public or private
school shall be:
1. in a direct line hm the property line of the public or private school to the property line of the place of business, and in
a direct line across intersections; or
2. if the permit or license holder is located on or above the fifth story of a multistory building, in a direct line from the
property line of the public or private school to the property line of the place of business, in a direct line across
intemetions, and vertically up the building at the property line to the base of the floor on which the permit or lime
holder is located.
G. Every applicant for an original alcoholic bevenlge license or permit for a location with a door by which the public may enter
the pplece of business of the applicant that is within 1,000 feet dthe nearest property lme of a public or private school, measured along street
lines and directly across intersections, must give written notice of the application to officials of the public or private school before filing the
application with the Texas Alcoholic Bevereee Commission. A copy of the notice must be submitted to the commission with tbe application.
This subsection does not apply to a permit or license covering a premise where minors are prohibited from entering the ppremise8.
H. The City Council may after a Public Hearing and a publication of a notice ten (10) dap prior to the Hearing in the offfcial
City newspaper, allow variances to the regulation if it determines that enforcement of the ragulation in a particular instance is not in the best
interest of the public, constitutes waste or inefficient use of land or other remwces, creaks an undue hardship on an applicant far a li- or
permit, does not serve its intended purpose, is not efhtive or necessary, or for any other regson, after considemtion of the health, safety, and
weIfare of the public and the equities ofthe situation, detmines is in the best interat of the community.
Sec. 6-16-3 Day Cares / Child Care Facilities.
Provisions of Section 6-16-2 relating to a public school also apply to a day-oare mter and a ohild-oare facility as those berms are
defined by Section 42.002, Human Resoums Code for a permit or liceme holder under Chapter 25, 28,32,69, or 74 who does not hold a
food or beverage certificate. This Subsection does not apply to a permit or limse holder who sells alcaholic beverages if
I. The permit or license holder and the day-care center or child-care facility are located on diflbent stories of a
multistory building or
2. the permit or license holder and the day-care center or childcare facility are located in separate buildings and either
the permit or license holder or the day-care center or child-care fecility is lacated on the second story or higher of a
multistory buildingw
late Received: 1 2- / 2 - 0 6
late Scheduled for City Council PuMlc nearlng: A
NOTICE OF PUBLIC HEARING
The City Council of the city of Coppell will hold a public hearing on Tuesday, the 9th day
of January, 2007, at 7:00 p.m., in the Coppell Town Center, for the purpose of
considering a variance filed by Tom Thumb #2588 who has submitted an application for
Wine and Beer Retailer’s Off-Premise Permit at 820 S. MacArthur, which address falls
within 300 feet of a public or private school or day care center. Any citizen of the City or
other party of interest may also express his or her opinion concerning this request by
letter addressed to the city of Coppell City Secretary Department, 255 Parkway
Boulevard, Coppell, TX 75019
PUBLIC NOTICE 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).
Tom Thumb # 2588
Discover & Share
Belt Line Rd
R i v e r c h a s e D r
MacArthur BlvdC ity L im its CITY LIMIT
300 Feet Scale: 1" = 300' 300' From Tom Thumb # 2588 ²
RESOLUTION NO. ______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, GRANTING A DISTANCE VARIANCE OF
ONE HUNDRED (100’) FEET TO TOM THUMB #2588, LOCATED
AT 820 S. MACARTHUR BOULEVARD, COPPELL, TEXAS, AS
PROVIDED IN SECTION 6-16-2(H) OF THE CODE OF
ORDINANCES OF THE CITY OF COPPELL; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Article 6-16 of the Code of Ordinances places certain distance
prohibitions from churches, schools, and day cares to businesses that sell or offer to sell
alcoholic beverages; and
WHEREAS, the City Council may grant a variance to such business upon proof
that the best interest of the public are not served by strict compliance with the regulations;
and
WHEREAS, Tom Thumb #2588 (hereinafter, “Applicant”) is located within 300
feet of a church, school or day care; and
WHEREAS, the Applicant has provided sufficient proof that such regulation
constitutes waste or inefficient use of land, or create an undue hardship and is otherwise not
effective or necessary after consideration of the health, safety and welfare of the public; and,
WHEREAS, the City Council has determined that the best interest of the
community will be served by a grant of such variance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF COPPELL, TEXAS:
SECTION 1. That a variance of one hundred (100’) feet shall be granted to Tom
Thumb #2588, located at 820 S. MacArthur Boulevard, Coppell, Dallas County, Texas, as
provided in Section 6-16-2 (H) of the Code of Ordinances of the City of Coppell.
SECTION 2. That the variance granted herein is in personam to the above named
Applicant and shall expire upon relinquishment of any permit authorized by the TEXAS
ALCOHOLIC BEVERAGE COMMISSION or its successor.
SECTION 3. That this Resolution shall take effect immediately from and after its
passage as the law and charter in such cases provide.
1
DULY PASSED by the City Council of the City of Coppell, Texas, this the 9th day
of January, 2007.
APPROVED:
___________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
___________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 12/28/06)
2
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
January 9, 2007
18
✔
PUBLIC HEARING
Consider approval of Case No. PD-213R-H, Coppell Commons, zoning change request from H (Historic) to PD-213R-H
(Planned Development-213 Revised-Historic) with a Concept Site Plan, to allow the development of 39 townhouse
units, recreation, open space and common areas on 5.561 acres of property located along the east side of Coppell
Road, approximately 210 feet north of Bethel Road.
The Planning and Zoning Commission recommended DENIAL, based on the following:
Does not comply with the Old Coppell Master Plan; Density too great; Ignores Commercial Land Use along Coppell
Road; Proposes residential uses directly across the street from commercial activities; Screening wall adjacent to street;
Violates TH Development Standards - Lot Depth, - Number of Attached Units; Parking Layout; and departmental
comments.
Please see letter dated December 22, 2006, appealing the Commission's vote of denial.
Recommendation of the P&Z Commission at the December 21, 2006,
meeting:
DENIAL (7-0) with Commissioners Borchgardt, Frnka, Kittrell, McCaffrey,
Haas, Fox and Reese voting in favor of denial.
A 3/4 vote of Council (6 out of 7) is needed to overturn the
Commission's vote of denial.
Staff recommends DENIAL.
@ 1PD-213R-H, C Commons,1-AR
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case: PD-213R-H, Coppell Commons
P&Z HEARING DATE: December 21, 2006
C.C. HEARING DATE: January 9, 2007
STAFF REP.: Gary L. Sieb, Director of Planning
LOCATION: East side of Coppell Road, approximately 210 feet north of Bethel
Road
SIZE OF AREA: 5.561 acres
CURRENT ZONING: H (Historic)
REQUEST: Re-submittal of zoning change request from H (Historic) to PD-
213-R-H (Planned Development-213-Revised Historic), with a
Concept Plan to allow the development of 39 townhouse units,
recreation, open space, and common areas.
APPLICANT: Owner: Representative:
Mr. Jay Khorrami Mr. Jason Marshall
335 Martel Lane The Marshall Firm
Coppell, TX. 75019 302 N. Market
(214) 734-3604 Suite 510
Fax: None Dallas, TX. 75202
(214) 742-4900
Fax: (214) 452-9064
HISTORY: In April of 2002, the City Council accepted the Old Coppell
Master Plan. In August of that same year, Council questioned the
residential component of the Plan, particularly as it related to
D/FW Airport flight patterns. In December of 2002, Council and
the Planning Commission held a joint workshop to discuss airport
ITEM #4 Page 1 of 4
issues. D/FW Airport staff was in attendance and at the conclusion
of the meeting, it was determined there was no compelling reason
to discourage residential development here, based upon airport
noise issues, On May 13, 2003, Council amended the Land Use
component of the 1996 Comprehensive Plan and enlarged the
historic district to include roughly 100 acres. Subsequently,
residential development was begun on property just north of the
subject tract. In May of 2005, Council changed the zoning in the
area from Historic Overlay to simply Historic. In March of 2006 a
39 unit townhouse proposal was denied by Commission by a vote
of 5-1. That case was appealed to Council. On April 11, 2006
Council remanded the case back to Planning Commission. On
November 20, the applicant resubmitted the case, with the only
change being fronting of some units along Coppell Road.
TRANSPORTATION: Coppell Road is an unimproved, two-lane asphalt road contained
within a 50-to-60 foot wide right-of-way. It is projected to be
improved to a concrete two-lane undivided road with a 60-foot
right-of-way beginning in 2007.
SURROUNDING LAND USE & ZONING:
North –single-family townhouses; H (Historic)
South –single-family houses, senior center; H (Historic)
East – single-family residences; (PD-89-SF-7)
West – retail/commercial buildings; H, (Historic)
COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996, as amended and including
the Old Coppell Master Plan, indicates the property should be used
for medium-density residential uses on the interior of the parcel;
Office/Commercial uses along the Coppell Road frontage.
DISCUSSION: Not only was staff opposed to the original zoning request for this property
last March, but the Planning Commission turned it down by a 5-1 vote,
and there was substantial neighborhood opposition to the proposal. This
request is identical to the one submitted in March with one exception.
Units that backed to Coppell Road now front on the street. They now face
an active and soon to be enlarged commercial business directly across the
street. It appears this plan was developed to maximize density, not
conform to our planning efforts. For the reasons stated in March, staff is
still opposed to this request. The density is the same, the parking is the
same, landscaping is the same, overall development is the same, and the
land use component of the Old Coppell Master Plan has been ignored.
ITEM #4 Page 2 of 4
There has been no substantial change to the request which would alter our
recommendation.
As a reminder of staff’s opposition to the original case, we have included a
copy of our analysis of the earlier request as an ATTACHMENT here.
Our recommendation has not changed. If anything, we are in a stronger
position to recommend denial based upon development activity in the area
which follows the Old Coppell Master Plan. For instance, the townhouse
development immediately north of this property is about built out, and in
conversations with the developer, plans are in the works for development
of the two commercial lots at the corner of Coppell Road and McNear
Drive. Also, the Hard Eight Bar-B-Q is well under construction, Dr.
Swaldi’s building is occupied, we are in detailed conversations with
potential developers of the east side of Coppell Road south of Bethel,
preliminary plans for the Senior Center are underway, and last Tuesday
night Council accepted a substantial grant to preserve and rehabilitate the
Kirkland house. All these activities point out that the Historic District is
healthy, active and is following the Plan laid out in 2002. In short, the
vision outlined in the Plan is being accomplished. This applicant has
chosen to ignore that vision, even though we have had numerous
conversations with him explaining the Plan’s concepts. If, on the other
hand, this case were to be approved, street names would require additional
analysis, units would require a sprinkler system, and landscaping
requirements/tree mitigation fees would have to be determined, among
others.
To gain staff support for development, density must be lowered (reduced
by 12 units), units that side and front Coppell road need to be eliminated
and commercial/retail/office buildings take their place as outlined in the
Master Plan, guest parking areas would need to be redesigned, townhouse
standards would need to be followed (number of units in a row, lot sizes,
widths, etc.), street furniture, address identification, street lighting,
sidewalk dimensions, curb and gutter construction would need to match
that to the north. Because this proposal does not follow the Plan, this case
is recommended for denial.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending DENIAL of this request for a variety of reasons
elaborated upon above and in our earlier staff report included as an
ATTACHMENT here. To summarize:
-too dense
-violates the Old Coppell Master Plan
-ignores “street friendly” retail/commercial/office development
-disregards several townhouse development guidelines
-offers an inappropriate land use proposal
-density proposed creates awkward street/parking layouts
ITEM #4 Page 3 of 4
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) Staff Recommendation Addressing the March 2006 Zoning Request Concept Plan
2) Departmental Comments (Engineering and Parks)
3) Concept Plan
4) Tree Survey
5) Planned Development District Standards (Exhibit “A”)
ITEM #4 Page 4 of 4
Page 1 of 3
PORTION OF MARCH 2006 STAFF REPORT
ON COPPELL COMMONS
DISCUSSION: In 2002 the 1996 Comprehensive Master Plan was updated in an area
known as Old Coppell. This plan, the Old Coppell Master Plan, outlined
uses appropriate for Old Coppell, an approximate 100-acre land area, and
elaborated on such topics as urban design, streetscape enhancements,
landscape features, access/parking, and land use, among others. An
important element of the study was a density parameter. Included in the
Plan was a residential component suggesting densities of approximately
six-dwelling units per acre and retail/commercial uses along Coppell
Road. Since Council’s acceptance of this study, there has been increasing
interest and development proposals for the area—all in compliance with
the Plan.
One such proposal is located just north of the case before you tonight—
Old Coppell Townhomes. A developer began implementation of a portion
of the residential component of the Plan, respecting the land uses
proposed. Reflecting success in complying with the Plan, that
development is now approaching residential build-out. Densities are 6.5
du’s per acre, slightly above those recommended in the Plan. In addition,
potential development of the commercial sites adjacent to Coppell Road is
being contemplated, and staff is currently reviewing a submittal for an
approximate 2500-square-foot commercial/retail building on the north side
of Mobley Way. In addition, the Vaughn building has recently been
remodeled, the Hard Eight Bar-B-Que restaurant is about to begin, the
Historic Coppell Properties project is under construction, and talks are
continuing on an adaptive reuse for the Kirkland house. These examples
are cited to bring attention to the fact that the Old Coppell Master Plan is
working and projects being occupied, constructed, completed or
contemplated all conform to the Master Plan.
With regard to the application before you, it violates the Plan in a variety
of important ways. It is too dense, the Tree Survey is incomplete, street
names need further alteration, it violates the Old Coppell Master Plan land
use proposal, and if allowed, violates the premises of a
residential/office/retail mixed-use project. To elaborate, staff has
reviewed several proposals for this property, all exceeding the
development densities suggested in the Old Coppell Master Plan. In each
instance, we have advised this landowner (through his development
agents) to refine and reduce his density, to no avail. The current request is
no different but also includes a component that violates the land use
proposed along Coppell Road. In its current form, this applicant is asking
for unit counts and densities in excess of seven-dwelling units per acre.
Staff cannot support this increased density. More alarming is the request
to modify the land uses of the Plan and allow residential development
along Coppell Road across the street from heavy commercial activities.
Page 2 of 3
The proposal would back/side residences to the street and screen them
from Coppell Road by a six-foot tall masonry wall. This would be in
violation of the Plan’s directive to have individual businesses locate in
commercial/retail structures close to the street, creating an interesting
front door to the roadway. The introduction of a brick wall creates
nothing but monotony, does not establish a vibrancy along the street,
violates the Land Use Plan, and does not make good land planning sense.
In addition, the proposed Landscape Plan adjacent to the wall is totally
inadequate. By eliminating the residential use along Coppell Road and
extending the commercial/retail uses to a depth of 100-110 feet (as shown
in the Plan and as was approved to the north), this application would fall
more in line with Council’s vision for ultimate development of this area.
In addition to eliminating the residential use adjacent to the road, the
density would fall into an acceptable dwelling-unit count per acre. The
decreased density would allow deeper lots, eliminate the seven-dwelling
units in a row (another violation of Townhouse zoning), and reduce the
required parking substantially. In general terms, by following the Old
Coppell Master Plan, ten-dwelling units would be removed, bringing this
Concept Plan in line with the overall plan for Old Town development.
In addition, the street system, as designed, needs some modification to
bring it into conformance with the one outlined in the Old Coppell Plan.
Street rights-of-way of 50 feet and pavement widths of 27 feet would be
easily accommodated with the proposed density reduction and would
remove some of the awkward parking bays shown on the applicant’s plan.
The overall street layout itself is acceptable as it continues the existing
dead-end Mobley Way south and west to tie back into Coppell Road.
That said, the proposal before you is not without some merit. We like the
open space element. Design of the units is compatible with Old Town
guidelines. We could support a development with lower densities,
elimination of the units that side and back up to Coppell Road, redefined
guest parking areas, compliance with townhouse standards and assurance
that street furniture, address identification, street lights, sidewalk
dimensions, curb and gutter construction matches the development to the
north.
All in all, however, we cannot support this request, as submitted. It is too
dense, violates the Old Coppell Master Plan, ignores the concept of
“street friendly” retail/commercial development as described and
illustrated in the Plan and disregards basic townhouse guidelines, such as
lot depth/maximum number of attached units. The applicant submitted an
incomplete tree survey, requests development standards that ignore the
Plan and existing construction to the north and attempts to create a
development project in conflict with good planning principles. Perhaps
most importantly, the Old Coppell Master Plan has been followed by
applicants who have built in the district, be they residential, commercial or
retail developers since its inception almost three years ago. That the Plan
Page 3 of 3
is viable can be seen by what’s been built in the area. Staff has worked
hard with developers to ensure the integrity of the Plan was followed,
with the utmost cooperation from these builders. They followed the Plan,
why should this developer not? It is for these reasons that staff cannot
endorse the application before you tonight.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending DENIAL of the request, as submitted.
Exhibit “A”
COPPELL COMMONS
Planned Development District
Development Standards
Planner/Engineer:
Dowdey, Anderson and Associates, Inc.
Planning and Engineering
5225 Village Creek Drive
Suite 200
Plano, Texas 75093
(972) 931-0694
(972) 931-9538 Fax
Developer
Scarborough Lane Developers
16660 North Dallas Parkway
Suite 2900
Dallas, Texas 75248
(972) 380-5900
(972) 380-5960 Fax
1
December 2006
Planned Development Zoning
Coppell Commons, Coppell Texas
Planned Development Regulations
Proposed Tract I
A portion the J.W. Anderson Survey, Abstract No. 18
Dallas County, Texas
1.0 Definitions
Definitions used herein shall be the same as those found in the Zoning Ordinance as
amended, of the City of Coppell, Texas.
2.0 Use Regulations
Permitted uses shall be those allowed for the Residential TH-2 District as found in
Zoning Code, of the City of Coppell, Texas. This proposed ordinance will also allow for
variances to the Historic zoning classification and to allow a Planned Development TH-2
District.
3.0 Area Regulations
The following area regulations shall apply to:
3.A Minimum Lot Area.
• The minimum lot average for residential lots shall be Two Thousand Six Hundred
(2,600) square feet with a minimum lot size being Two Thousand Three Hundred
(2,300) square feet
3.B Minimum Dwelling Size.
• The minimum floor area of any residential unit shall be One Thousand Three
Hundred (1,300) square feet.
3.C Minimum Lot Width.
• The minimum width of any residential lot shall be Twenty Six (26) feet, measured
at midpoint of the front building line.
- 1 -
Planned Development Zoning
Coppell Commons, Coppell Texas
3.0 continued –
3.D Minimum Lot Depth.
• The minimum depth of any residential lot shall be One Hundred (100) feet,
measured at the midpoint of the front and rear lot lines, except those lots which
are shown on the approved Concept Plan which may be Ninety (90) feet.
3.E Minimum Front Yard.
• The minimum depth of the front yard shall be Fifteen (15) feet with the garage
being set back Twenty (20) feet.
3.F Minimum Rear Yard.
• The minimum depth of the rear yard shall be Fifteen (15) feet.
3.G Minimum Side Yard.
• The minimum side yard shall be Zero (0) feet.
• Buildings shall have a minimum of Fifteen (15) feet of separation.
• Corner lots siding to a street but not an H.O.A. lot shall be treated the same as
front yards.
3.H Maximum Lot Coverage.
• The maximum lot coverage shall be Seventy (70) percent of the total lot area.
3.I Maximum Density
• The maximum gross density shall be 7.0 units per acre rounded up to the nearest
unit.
4.0 Landscape Regulations
1 Developer agrees to establish a mandatory Home Owners Association to maintain
all the landscape areas.
2 Development shall have a minimum of one and one half (1.5) acres open space.
All H.O.A. lots and flood plain count toward open space.
3 All Single Family and open space lots which have vegetative surfaces shall have
automated sprinklers throughout.
4 The equivalent of One (1) three inch shade tree or Two (3) three inch flowering
trees (multiple stems may be added together to achieve three caliper inches) shall
be planted within the development for each single family lot.
- 2 -
Planned Development Zoning
Coppell Commons, Coppell Texas
4.0 continued –
5 Street trees of at least three (3) caliper inch shall count toward the tree planting
requirement and shall be planted in minimum Four (4) foot square beds.
6 There shall be the equivalent of one (1) 3” tree planted for every 25’ of frontage
along Coppell Road and shall count toward the tree planting requirement.
7 Four (4) foot sidewalks will be required for single-family lots which may be
located within the right of way or in the H.O.A. lot or a combination of both per
the attached Concept Plan.
6.0 Road, Alley and Parking Regulations
1 Street right of way and paving widths shall conform to the Conceptual Plan.
2 Parking shall be provided a rate of Two and One half (2.5) spaces per unit which
includes the garage parking.
3 On-Street parking as provided on the Concept Plan shall count toward the
minimum parking requirements.
4 Two enclosed parking spaces per unit shall count toward the parking
requirements.
5 Parallel parking spaces shall be a minimum Nine (9) feet wide and Twenty (20)
feet long.
7.0 Building Regulations
1 Buildings shall be oriented to front on a street right of way and have access
directly from a street.
2 Any protrusion including stoops, balconies, bay windows or awnings shall be
contained within the lot and shall not project into the right of way.
3 Buildings shall not exceed Two Hundred (200’) feet in length
- 3 -
Planned Development Zoning
Coppell Commons, Coppell Texas
4 No more than Six (6) units per building with the exception of one Seven (7) unit
building as depicted on the Concept Plan.
5 Individual unit front facades shall be offset a minimum one (1) foot from the
facade of the adjacent unit. The garage face shall be offset no less than five (5’)
feet from the facade of its individual unit.
6. Lot to Lot drainage for connected units is allowed.
8.0 General Conformance
1 The Preliminary Plats and Detailed Site Plan will be required to be in general
conformance with the approved Conceptual Plan; with the exception that street
and lot layout can be altered in regards to unforeseen engineering issues. Such
changes will be as minor as the circumstances allow and can be approved
administratively without re-submittal of the concept plan.
- 4 -
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
January 9, 2007
19
✔
PUBLIC HEARING
Consider approval of Case No. PD-218-LI, Shake and Shingle, to allow for the recognition of the existing uses on the
southern portion of the property and the construction of four 14,420-square-foot office/warehouse buildings on the
northern portion of this 10.2 acre tract of land located on the north side of Beltline Road, approximately 350 feet east
of North Lake Drive.
The following condition needs to be met:
1) A tree removal permit will be required prior to the removal of any trees from this site.
Recommendation of the P&Z Commission at the December 21st
meeting:
APPROVAL (7-0) with Commissioners Borchgardt, Frnka, Kittrell,
McCaffrey, Haas, Fox and Reese voting in favor.
Staff recommends approval, subject to the above-listed condition.
@ 2PD-218-LI, Shake & Shingle, 1-AR
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case: PD-218-LI, Shake and Shingle
P&Z HEARING DATE: December 21, 2006
C.C. HEARING DATE: January 9, 2007
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: North side of Beltline Road, approximately 350 feet east of North
Lake Drive.
SIZE OF AREA: 10.2 acres
CURRENT ZONING: LI, Light Industrial
REQUEST: PD-218-LI to allow for the recognition of the existing uses on the
southern portion of the property and the construction of four,
14,420-square-foot office/warehouse buildings on the northern
portion.
APPLICANT: Owner: Architect:
Kathy & Robert Ingle Mark W. Pross
Ingle Real Estate LTD Pross Design Group, Inc.
200 East Beltline Road 5310 Harvest Hill, # 180
Coppell, Texas 75019 Dallas, Texas 75230
972-759-1400 972-987-8800
FAX: 972-759-1405 FAX: 972-462-9518
HISTORY: In 1985 City Council approved the Final Plat for the Shake and
Shingle Addition. This plat contained a 10.2 acre lot with a 24’
wide fire lane within a 36’ wide utility easement running the length
of the property and two, 10-foot utility easements along the east
and west property lines. Since that time, two buildings have been
constructed along Beltline Road and three open storage structures
have been built behind them. There is also outside storage and a
freestanding loading dock in the northern portion of the existing
ITEM # 5 Page 1 of 3
developed area. A 95-foot tall telecommunication tower exists
along the west side of the property on which three providers are
co-located (S-1054, S-1123 and S-1123R2).
TRANSPORTATION: Beltline Road is a six-lane, divided thoroughfare, with a 120-foot
right-of-way, which is built to standard.
SURROUNDING LAND USE & ZONING:
North – Creekview Addition; PD-104-SF-9
South – vacant; City of Dallas
East – office/warehouse; Belt Line Trade Center - LI
West –Riverside Church of Christ; LI
COMPREHENSIVE PLAN: The Coppell Comprehensive Plan shows the property as suitable
for Light Industrial/Showroom uses.
DISCUSSION: As discussed in the History section, this property was platted and
partially developed in the mid 1980’s. At that time the Zoning
Ordinance regulations were significantly less restrictive than today in
terms of landscaping, circulation, screening of outside storage, etc.
Approximately one-half the site is currently developed which includes
two buildings (one office and one office/warehouse) along Beltline Road
and three open storage structures to the north. There is also outside
storage and a freestanding loading dock in the northern portion of the
existing developed area. All of this development is within one platted lot
and is being served from a mutual access easement/fire lane.
The owners desire to construct four, 14,420-square-foot
office/warehouse buildings to house small companies on the remaining
5.5 acres of property. These buildings will have identical facades, and
will be parked at a ratio that will allow an occupancy of approximately
50% office and 50% warehouse. The rear façade will be roll-up delivery
doors, (not dock-high) to serve the smaller scale businesses that will
occupy these buildings. Given that the new buildings will have limited,
if any, visibility from Beltline Road, the applicant is also requesting a
60-square-foot multi-tenant monument sign to be located on Beltline
Road.
This property is being rezoned to a Planned Development District to
allow for the recognition of the existing development as legal, non-
conforming uses, while requiring all new development (and any future
redevelopment) to be in compliance with the current regulations of the
Zoning Ordinance. The Site Plan for the new development area is
compliant, except for minor revisions which are detailed in the
conditions of approval below, including revisions to the locations of the
FDC, and changes to PD Conditions #2 and #6 on the Site Plan.
ITEM # 5 Page 2 of 3
The Landscape Plan encompasses the northern 5.5 acres that are being
developed at this time. The staff and applicant needed to be creative in
the interpretation of several requirements of the Landscape Ordinance
given that only a portion of the lot was being developed and no “front
yards adjacent to streets” exists, on which several of the ordinance
requirements are based. However, given that this is a PD, these
interpretations could be made. The applicant has provided trees in front
of the buildings (along the mutual access/fire lane easement) and has
designated the northern portion of the tract as non-vehicular open space
(the drainage area). Given the residential adjacency to the north, the
additional landscape area and trees are appropriate at this location to
provide the needed buffer. However, there are several drafting errors
and inconsistencies in the trees count, size of landscape islands, etc.
which need to be corrected prior to forwarding this for Council
consideration.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of PD-218-LI, Shake and Shingle,
subject to the following conditions:
Site Plan Revisions:
1) Revise Condition #2 to delete the second sentence. This issue is
adequately covered in Condition #3.
2) Deletion of Condition #6, this is not reflected on the Landscape Plan.
3) Revise location of the FDCs to be located within 50 feet of a fire
hydrant and on the same side of the fire lane of said hydrant.
Landscape Plan Revisions:
1) Increase the size of several of the parking lot islands on the Landscape
Plan to match the site plan, to be compliant with the Landscape
Ordinance.
2) Rectify the inconsistencies between the quantity of trees indicated on
the Plant List, the Landscape Calculations, and indicated on the
Landscape Pan.
3) A tree removal permit will be required prior to the removal of any
trees from this site.
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) Site Plan
2) Landscape Plan
3) Tree Survey
4) Elevations
ITEM # 5 Page 3 of 3
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
January 9, 2007
20
✔
PUBLIC HEARING
Consider approval of the Shake and Shingle Addition, Lot 1R, Block A, Replat, being a replat of Tract 1 of the Shake
and Shingle Addition, to establish various easements and fire lanes to allow the construction of four 14,420-square-foot
office/warehouse buildings on the northern portion of this 10.2 acre tract of land located along the north side of
Beltline Road, approximately 350 feet east of North Lake Drive.
The following P&Z condition remains outstanding:
1) Additional comments may be generated upon detailed engineering review.
Recommendation of the P&Z Commission at the December 21, 2006,
meeting:
APPROVAL (7-0) with Commissioners Borchgardt, Frnka, Kittrell,
McCaffrey, Haas, Fox and Reese voting in favor.
Staff recommends approval, subject to the above-listed condition.
@ 3Shake&Shingle, L1R,BA,R 1-AR
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case: Shake and Shingle Addition, Lot 1R, Block A, Replat
P&Z HEARING DATE: December 21, 2006
C.C. HEARING DATE: January 9, 2007
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: North side of Beltline Road, approximately 350 feet east of North
Lake Drive.
SIZE OF AREA: 10.2 acres
CURRENT ZONING: LI, Light Industrial
REQUEST: Establish various easements and fire lanes to allow the
construction of four, 14,420-square-foot office/warehouse
buildings.
APPLICANT: Owner: Engineer:
Kathy & Robert Ingle Pete Hennessey
Ingle Real Estate LTD Hennessey Engineering, Inc.
200 East Beltline Road 1417 W. Main Street, #100
Dallas, Texas 75019 Carrollton, Texas 75006
972-759-1400 972-245-9478
FAX: 972-759-1405 FAX: 972-245-7087
HISTORY: In 1985 City Council approved the Final Plat for the Shake and
Shingle Addition. This Plat contained a 10.2-acre lot with a 24’-
wide fire lane within a 36’ wide utility easement running the length
of the property and two, 10-foot utility easements along the east
and west property lines. Since that time, two buildings have been
constructed along Beltline Road and three open storage structures
have been built behind them. There is also outside storage and a
freestanding loading dock in the northern portion of the existing
developed area. A 95-foot tall telecommunication tower exists
ITEM # 6 Page 1 of 2
along the west side of the property on which three providers are
co-located (S-1054, S-1123 and S-1123R2).
TRANSPORTATION: Beltline Road is a six-lane, divided thoroughfare, with a 120-foot
right-of-way, which is built to standard.
SURROUNDING LAND USE & ZONING:
North – Creekview Addition; PD-104-SF-9
South – vacant; City of Dallas
East – office/warehouse; Belt Line Trade Center - LI
West –Riverside Church of Christ; LI
COMPREHENSIVE PLAN: The Coppell Comprehensive Plan shows the property as suitable
for Light Industrial/Showroom uses.
DISCUSSION: This property was originally platted over 26 years ago to allow for the
development of Shake and Shingle Supply Company. This property is
required to be replatted to allow for the development of four additional
buildings on this property. This plat includes the extension of the fire
lanes to encircle the proposed buildings and various utility and drainage
easements.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of Shake and Shingle Addition, Lot
1R, Block A, subject to the following conditions:
1. Add a note to the Plat specifying the perpetual maintenance of the
proposed detention areas at the northeast corner of the property.
2. The inclusion of a dimension for the proposed Utility Easement at the
northwest corner of the property.
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) Engineering Comments
2) Replat
ITEM # 6 Page 2 of 2
S0117'00"W ~ 1471.14'
N0117'00"E ~ 1086.46
NORTH LAKE
BLOCK 2, VOL
WILLIAM G. THOMPSON TRUSTEE
VOL 80112, PG. 3068
10' B.L.N81°51'00"W107.82'CB=S86°42'22"WCL=212.73' =57°07'08"R=439.77'L=438.40'T=239.36'
CB=N29°50
CL=420.48'=57°07'08"R=439.77'L=438.40'T=239.36'N75°57'00"E123.25'RAIL
(30' R.O.W.)ST. LOUIS SW R.R.(100' R.O.W.)E. BELT LINE ROAD(120' R.O.W.)N0117'00"E ~ 256.37'
N0117'00"E ~ 753.61'
N0117'00"E ~ 261.78'
CB=N05°46'42"ECL=75.55' =08°59'24"R=482.00'T=37.89'L=75.63'CB=N03°13'25"ECL=75.75' =08°59'24"R=482.00'T=37.89'L=75.63'S8843'00"E ~ 162.02'R=40'SHAKE & SHINGLE ADDITION
444,402 SQ. FT.
10.202 AC.137.38'1145.00'
326.14'
202.00'53.61'350± TO EAST LINE NORTH LAKE DR.660± TOJ.C. CARLOCK SURVEYABSTRACT NO. 312N75°57'00"E
L1 L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
C1
C2
C3
C11
L14
L15
L16 L17
L18L19L20L21
C12
C4
C5
C6
C17
C16
C15
C14
C13
C9
C10
C7
C8
C18 C19
C20 C21
C25 C29C24C28C23C27C22C26STATE OF TEXAS )(COUNTY OF DALLAS )(WHEREAS, Robert L. and M. Kathrin Ingle, are the owners of Tract 1 of the Shake & Shingle Addition situated in the McKinney and Williams Survey, Abstract No. 1054, in the City of Coppell, Dallas County, Texas, and being recorded in Volume 85226, Page 4479 of the Deed Records of Dallas County, Texas and being more particularly described as follows:BEGINNING at an iron rod found in the north right-of-way line of Belt Line Road (a 120' R.O.W.) at the southeast corner of Block 2, North Lake Business Center, Phase I, an addition to the City of Coppell, Texas as recorded in Volume 81085, Page 970, of the Plat Records, Dallas County, Texas;THENCE, N 01°17'00" E along said east line of North Lake Business Center, Phase I, a distance of 1,086.46 feet to an iron rod found at the beginning of a curve to the right, the radius point of said curve being situated S 88°43'00" E, a distance of 439.77 feet;THENCE, northeasterly along said curve to the right, through a central angle of 57°07'06", an arc distance of 438.40 feet, a tangent length of 239.36 feet, and a chord bearing N 29°50'33" E, a distance of 420.48 feet to a point for corner at the northeast corner of said North Lake Business Center and being in the south right-of-way line of the St. Louis and Southwestern Railroad (a 100' R.O.W.);THENCE, departing the east line of said North Lake Business Center and along the south right-of-way line of said St. Louis and Southwestern Railroad N 75°57'00" E, a distance of 123.25 feet to an iron rod set for corner;THENCE, departing the south right-of-way line of said St. Louis and Southwestern RailroadS 01°17'00" W, a distance of 1,471.14 feet to an iron rod set for corner in the curving portion of the north line of Belt Line Road;THENCE, along said curving portion of Belt Line Road, the radius point of said curve being situatedN 07°44'25" W, a distance of 1,372.40 feet;THENCE, northwesterly, along said curve to the right, through a central angle of 08°53'25", an arc distance of 212.95 feet, a tangent length of 106.69 feet, and a chord bearing of S 86°42'22" W, a distance of 212.73 feet to an iron rod set for corner;THENCE, N 88°51'00" W, along said north line of Belt Line Road, a distance of 107.82 feet to the POINT OF BEGINNING and containing 444,402 square feet or 10.202 acres of land, more or less.
OWNER: KATHY AND ROBERT INGLE200 E. BELTLINE ROADCOPPELL, TX 75019PH: (972) 393-0227FAX: (972) 462-95I8
LOT 1R, BLOCK A
OF THE SHAKE AND SHINGLE ADDITION
BEING A REPLAT OF TRACT 1
OF THE SHAKE AND SHINGLE ADDITIONAN ADDITION TO THE CITY OF COPPELL,
MCKINNEY AND WILLIAMS SURVEY, ABSTRACT NO. 1054,
DALLAS COUNTY, TEXAS
PREPARED BY:HENNESSEY ENGINEERING, INC.1417 W. MAIN STREET, #100CARROLLTON, TX 75006PH: (972) 245-9478 FAX: (972) 245-7087
SURVEYOR'S CERTIFICATEI, PETER F. HENNESSEY, REGISTERED PROFESSIONAL LAND SURVEYOR, HEREBY CERTIFY THAT I HAVE PREPARED THIS PLAT FROM AN ACTUAL ON-THE-GROUND SURVEY OF THE LAND, AND THAT THE CORNER MONUMENTS SHOWN THEREON WERE PROPERLY PLACED UNDER MY PERSONAL SUPERVISION IN ACCORDANCE WITH THE PLATTING RULES AND REGULATIONS OF THE CITY OF COPPELL, TEXAS. PETER F. HENNESSEY, RPLS NO. 3740DALLAS COUNTY )(STATE OF TEXAS )(BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR THE SAID COUNTY AND STATE, ON THIS DAY PERSONALLY APPEARED PETER F. HENNESSEY, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND WHO ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME IN THE CAPACITY THEREIN STATED.GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF , 2007. NOTARY PUBLIC IN AND FOR THE STATE OF TEXASMY COMMISSION EXPIRES: NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:THAT we, Robert L. and M. Kathrin Ingle, do hereby adopt this plat designating the herein above described property as SHAKE & SHINGLE ADDITION, and addition to the City of Coppell, Texas and do hereby dedicate, to the public use forever the easements shown thereon. The easements shown thereon are hereby reserved for the purposes as indicated. the utility and fire lane easements shall be open to the public, fire, and police units, garbage and rubbish collection agencies and all public and private utilities for each particular use. The maintenance of paving on the utility and fire lane easements is the responsibility of the property owner. No buildings, fences, trees, shrubs or other improvements or growths shall be constructed, reconstructed, or placed upon, over, or across the easements as shown. Said easements being hereby reserved for the mutual use and accommodation of all public utilities using or desiring to use the same. All and any public utility shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths which in any way may endanger or interfere with the construction, maintenance, or efficiency of its respective system on the easements and all public utilities shall at all times have the full right of ingress or egress to or from and upon said easements for the purposes of constructing, reconstructing, or inspecting, patrolling, maintaining and adding to or removing all or parts of its systems without the necessity at any time of procuring the permission of anyone. (Any public utility shall have the right of ingress or egress to private property for the purpose of reading meters and any maintenance or service required or ordinarily performed by that utility.)Water main and sanitary sewer easements shall also include additional area of working space for construction and maintenance of the systems. Additional easement area is also conveyed for installation and maintenance of manholes, cleanouts, fire hydrants, water service, and sewer services from the main to curb or pavement line, and the descriptions of such additional easements herein granted shall be determined by their locations as installed.This plat approved subject to all platting ordinances, rules, regulations and resolution of the City of Coppell, Texas.WITNESS, my hand this the day of
, 2007.
Robert L. Ingle, Owner M. Kathrin Ingle, Owner
DALLAS COUNTY )(STATE OF TEXAS )(BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR THE SAID COUNTY AND STATE, ON THIS DAY PERSONALLY APPEARED ROBERT L. AND M. KATHRIN INGLE, KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND WHO ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN THE CAPACITY THEREIN STATED.GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS
DAY OF
, 2007.
NOTARY PUBLIC IN AND FOR THE STATE OF TEXASMY COMMISSION EXPIRES:
Floodplain Development Permit Application No.
has been filed with the
City of Coppell floodplain administrator on
, 2007.
Floodplain Administrator
Date
Recommended for Approval:
Chairman, Planning and Zoning Commission
Date
City of Coppell, TexasApproved and Accepted:
Mayor
Date
City of Coppell, TexasThe undersigned, the City Secretary to the City of Coppell, Texas hereby
certifies that the foregoing replat of Shake & Shingle Addition to the City of
Coppell was submitted to the City Council on the
day of
, 2007, and the Council, by formal action, then and there
accepted the dedication of streets, alleys, parks, easements, public places, and water and sewer lines, as shown and set forth in and upon said plat, and said Council further authorized the Mayor to note the acceptance thereof by signing his/her name as herein above subscribed.Witness my hand this
day of
, A.D., 2007.
City SecretaryCity of Coppell, Texas
SERVER:/DRAWINGS/1985/J8512/J8512.DWGLMANAGER: PLAT
LEGEND:F.I.R.= FOUND IRON RODS.I.R.= SET IRON RODU.E. = UTILITY EASEMENTD.E. = DRAINAGE EASEMENTB.L. = BUILDING LINESWBT= SOUTHWESTERN BELL TELEPHONEESMT.= EASEMENTTP&L= TEXAS POWER & LIGHT
VICINITY MAPN.T.S.DENTON TAPBELTLINE ROADNORTHLAKE DR.SITEBELTLINE ROADSOUTHWESTERNSANDERS LOOPENGINEERING,INC.
HENNESSEY
75006, PHONE (972)245-9478
1417 W. MAIN, # 100. CARROLLTON, TEXAS
76.37'
N4342'60"W
84.82'
54.00'
54.00'
9000'00"
C1
CURVE TABLE
C2C3C4C5C6C7C8C9C10C11C12C13C14C15C16C17C18C19C20C21C22C23C24C25C26C27C28C29
47.12'
30.00'
9000'00"
27.82'
30.00'
5307'48"
11.35'
40.00'
1615'37"
84.82'
54.00'
8959'56"
74.03'
40.00'
10602'08"
27.70'
30.00'
5254'20"
84.82'
54.00'
8959'58"
47.12'
30.00'
8959'57"
27.94'
30.00'
5321'15"
11.51'
40.00'
1629'03"
47.12'
30.00'
9000'00"
47.13'
30.00'
9000'15"
77.72'
494.00'
0900'50"
47.12'
30.00'
8959'47"
58.30'
470.00'
0706'27"
44.76'
30.00'
8529'30"
47.12'
30.00'
8959'45"
74.01'
470.00'
0901'19"
10.86'
494.00'
0115'32"9000'00"
84.82'
54.00'
8959'49"
27.82'
30.00'
5307'48"
27.82'
30.00'
5307'48"
47.12'
30.00'
9000'00"
47.12'
30.00'
9000'00"
47.12'
30.00'
9000'00"
27.82'
30.00'
5307'48"
47.12'
30.00'
9000'00"
47.12'
30.00'
CURVE
DELTA
RADIUS
TANGENT
LENGTH
CHORD BRG.
CHORD42.43'
N4343'43"W
26.83'
N6209'06"W
26.83'
S6443'06"W
11.31'
S4617'00"W
26.83'
S2750'54"WN4617'00"E
42.43'
S4343'00"E
76.37'
N4616'58"E
63.91'
N8836'16"W
26.73'
S6449'50"W
76.37'
S4616'59"W
42.43'
S4616'58"W
26.94'
N6202'23"W
11.47'
N4336'17"W
26.83'
N2516'54"W
35.27'
S4342'53"E
42.43'
N4617'00"E
42.43'
N4343'00"W
42.43'
S4617'08"W
77.64'
N0315'18"E
58.27'
N0214'16"E
40.72'
N4832'15"E
42.42'
S4342'53"E
73.93'
N0547'40"E
10.85'
S0154'46"W
42.43'
S4343'00"E
76.37'
S4342'55"E
42.43'
N4617'00"E
42.43'
30.00'15.00'15.00'15.00'15.00'15.00'5.71'30.00'30.00'30.00'54.00'53.12'14.93'54.00'30.00'15.07'5.79'30.00'30.00'30.00'30.00'38.94'29.19'37.08'30.00'54.00'27.73'5.43'30.00'
199.78'
N0117'00"E
L1
LINE TABLE
LINE
BEARING
LENGTH199.78'
L2
42.02'
N8843'00"W
L3
42.02'
L4
484.00'
L11
56.02'
L5
56.02'
L6
185.78'
L7
38.03'
L8
37.70'
L9
469.78'
L10
472.56'
L12
51.86'
L13
51.86'
L14
768.00'
L15
144.10'
L16
200.00'
L17
50.99'
L18
43.50'
L19
255.93'
L20
256.71'
L21
N0117'00"EN8843'00"WS8843'00"ES8843'00"EN8843'00"WS0117'00"WS8843'00"ES0117'00"WN0117'00"E N0117'00"E S0117'00"WN8843'00"WN0117'00"ES0117'00"WS8843'00"EN8843'00"WN0117'00"ES0117'00"WS8843'00"E
POINT OF BEF.I.R.
F.I.R.
S.I.R.
S.I.R.
S.I.R.S.I.R.
PD# 218 LI
Approved and Accepted by:TXU Electric Delivery Company
(Print Name)
Date of Approval
Atmos Energy
(Print Name)
Date of Approval
Verizon
(Print Name)
Date of Approval
Time Warner Cable
(Print Name)
Date of Approval
N8843'00"W ~ 144.02'S8843'00"E ~ 144.02'N0117'00"E ~ 185.00'S0117'00"W ~ 185.00'
20' D.E.
(BY THIS PLAT)
20' U.E.
(BY THIS PLAT)
U.E.
VOL. 85226,
PG. 4479
23.5' U.E.VOL. 85226,PG. 4479
20' SWBT ESMT.
VOL. 85226,PG. 4479
20' SWBT ESMT.
VOL. 85226,PG. 4479
30' U.E.
VOL. 85226,PG. 4479
DRAINAGEEASEMENT(BY THIS PLAT)
DRAINAGEEASEMENT
(BY THIS PLAT)
20' U.E.
(BY THIS PLAT)
10' D.E. & U.E.
VOL. 85226,PG. 4479
36' U.E.
VOL. 85226,PG. 4479
20' U.E.(BY THIS PLAT)
10' U.E. & 10' B.L.VOL. 85226, PG. 4479
60' B.L.VOL. 85226,PG. 447910' U.E.VOL. 85226,PG. 4479 10' B.L. & U.E.VOL. 85226, PG. 4479TP&L ESMT.VOL. 2006,PG. 144
24' FIRELANE(BY THIS PLAT)
24' FIRE LANE &
PUBLIC ACCESS ESMT.VOL. 85226, PG. 4479
24' FIRELANE(BY THIS PLAT)
24' FIRELANE(BY THIS PLAT)
36' U.E.
VOL. 85226,PG. 4479
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
January 9, 2007
21
✔
PUBLIC HEARING
Consider approval of Case No. ZC-621-H(CH), a Planning and Zoning Commission called Public Hearing, to amend the
Land Use Plan designation from Light Industrial/Showroom to Historic and further to rezone from LI (Light Industrial) to H
(Historic) on approximately 17.2 acres of property located along the east side of Hammond Street, north of Burns,
being a portion of the property commonly referred to as the Carter Crowley Tract.
Decision of the P&Z Commission at the December 21, 2006, meeting:
APPROVAL (7-0) with Commissioners Borchgardt, Frnka, Kittrell,
McCaffrey, Haas, Fox and Reese voting in favor.
Staff recommends approval.
@ 4ZC-621 (CH) Carter-Crowley, 1-AR
Page 1 of 3 Item # 7
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: ZC-621 CH, OLD COPPELL
HISTORIC (H) DISTRICT BOUNDARY SHIFT
P & Z HEARING DATE: December 21, 2006
C.C. HEARING DATE: January 9, 2007
STAFF REP.: Matt Steer, City Planner
LOCATION: Along the east side of Hammond Street, north of Burns.
SIZE OF AREA: Approximately 17.2 acres
PROPOSED AMENDMENT TO THE 1996 COMPREHENSIVE LAND USE PLAN:
From Light Industrial/Showroom to Historic
CURRENT ZONING: LI (Light Industrial)
REQUEST: Place H (Historic) designation on the above-referenced zoning area,
resulting in an enlarged Historic district.
APPLICANT: City-initiated Public Hearing
HISTORY: There has been recent planning activity in the immediate area which affects the
subject property. The Old Coppell Master Plan was discussed and accepted by City
Council in April of 2002. On May 13, 2003, Council amended the Land Use
component of the 1996 Comprehensive Plan and revised and enlarged the Historic
Overlay District, as proposed in the Old Coppell Master Plan and as recommended
in April 2003 by the Planning Commission. Recently, the HO (Historic Overlay)
District, containing various base zonings, was changed to a straight H (Historic)
District, which includes Standards for Construction and Design Guidelines specific
to Old Coppell. In September 2005, Council approved a Historic District expansion
that included 3.2 acres along the south side of Bethel Road, extending the zoning
Page 2 of 3 Item # 7
district to Freeport Parkway. At that time, the Comprehensive Plan was also
amended to include that area as appropriate for Historic District land uses. At the
beginning of this month, the Kirkland House, located at the western Coppell and
Bethel Road intersection, was purchased by the City through a foundation grant.
TRANSPORTATION: Bethel Road is a two-lane asphalt road contained within a variable width
right-of-way. Freese and Nichols has prepared the construction
plans, which are now 90% complete, showing variable right-of-
way widths, approximately 28’ of pavement width and angled
parking spaced intermittently. A small portion of Coppell Road,
just north of Bethel Road, is included within these plans. The
remainder of Coppell Road, south of Bethel Road, is an unimproved,
two-lane asphalt street contained within a 60-foot right-of-way.
Hammond and Burns each have 60-foot-right-of-way and 38’
pavement widths.
SURROUNDING LAND USE & ZONING:
North – office, auto repair, farmers market; H (Historic)
South – office/warehouse; LI (Light Industrial)
East – residential, office and vacant land; H (Historic) & PD-206-H (Planned
Development-206-Historic)
West – office/warehouse; LI (Light Industrial)
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
light industrial/showroom uses.
DISCUSSION: This is a Planning Commission-authorized public hearing to enlarge the
boundaries of the Old Coppell Historic District, west of the existing
district, to include 17.2 acres, located at the northeast corner of Hammond
and Burns. This will include the recently abandoned Carter Crowley
practice fields.
Staff recognizes this as an opportunity to enhance and protect the existing
Old Coppell area by incorporating this vacant land into our plan for the
Historic District, allowing only traditional type design (buildings of small
scale, close to the road, shared parking in the rear, out of sight, and
sidewalks constructed throughout, creating a more friendly pedestrian
environment, etc.). Small scale office and retail buildings (no greater
than 5,000 sq. ft.) are appropriate. If larger, a Special Use Permit will be
required. When this property is developed, it is envisioned that a public
road providing circulation throughout the site and to the surrounding area
will be included. It will have streetscaping consistent with that proposed
Page 3 of 3 Item # 7
for the Bethel Road improvements (angled parking, sidewalks and
landscaping/trees, street lamps, benches, etc.) incorporated in the design.
The boundary shift will officially change the zoning from LI (Light
Industrial) to H (Historic) and will amend the Future Land Use Plan
within the Comprehensive Plan, which currently depicts this property as
appropriate for Light Industrial/Showroom uses, to show Historic.
As mentioned above, this area is envisioned to be a continuation of the
targeted uses outlined in the Old Coppell Master Plan – individual retail,
offices, restaurants and similar uses. In addition, effort will be made to
extend Coppell Road, into the property to provide access and appropriate
circulation patterns to the uses locating here.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends approval of the Zone change to expand the Historic
District to include 17.2 acres to the west of the existing district and to
amend the Comprehensive Plan to include this area as Historic.
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) Existing Historic (H) District Map
2) Proposed Historic District Boundary Shift
3) Proposed Land Use Plan Amendment
4) Concept Plan Modified to include the Carter Crowley Tract
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
January 9, 2007
22
✔
PUBLIC HEARING
Consider approval of the Amberpoint Business Park at Coppell, Lot 2R-1 and Lot 2R-2X, Replat, being a replat of 64.29
acres of property into two lots, Lot 2R-2X, containing 8.6 acres (drainage area), and Lot 2R-1, containing 55.69 acres
(office/warehouse), located at the southwest corner of Sandy Lake Road and Freeport Parkway.
No outstanding conditions.
Recommendation of the P&Z Commission at the December 21,2006,
meeting:
APPROVAL (7-0) with Commissioners Borchgardt, Frnka, Kittrell,
McCaffrey, Haas, Fox and Reese voting in favor.
Staff recommends approval.
@ 7Amberpoint, L2R-1& L2R-2X, R 1-AR
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case : Amberpoint Business Park at Coppell,
Lot 2R-1 and Lot 2R-2X, Replat
P&Z HEARING DATE: December 21, 2006
C.C. HEARING DATE: January 9, 2007
STAFF REP.: Matt Steer, City Planner
LOCATION: Southwest corner of Sandy Lake Road and Freeport Parkway
SIZE OF AREA: 64.29 acres
CURRENT ZONING: LI (Light Industrial)
REQUEST: Replat into two lots, Lot 2R-2X (drainage area) and Lot 2R-1
(office/warehouse).
APPLICANT: Engineer:
Mark McGraw
Halff Associates
8616 Northwest Plaza Drive
Dallas, Texas 75225
(214) 346-6244
FAX: (214) 361-5573
HISTORY: In November 2001, City Council approved PD-194 to allow the development of six
buildings, totaling approximately 1,775,600-square feet, on 110 acres of property,
which would be served by an 8.6-acre detention pond in the southeast corner of
the site (adjacent to Wagon Wheel Park and Freeport Parkway, formerly State
Road). The following variations to the Zoning Ordinance were approved as part
of the Planned Development:
• Multiple monument signs, including business park signs at Royal Lane
and Sandy Lake Road,
• Variances to the Tree Mitigation requirements,
ITEM # 10 Page 1 of 3
• Variances to the Perimeter Landscape Requirements, and
• The provision of a living screen in lieu of a wall.
A Detail Site Plan and Final Plat for 308,000-square feet of speculative
office/warehouse on the southwestern lot was also approved at that time. The
building has since been constructed and is occupied by Somera Communications.
In October 2002, Council approved PD-194R, to allow a Detail Site Plan and Replat
for the Staples 228,250-sq.-ft. office/warehouse facility with future expansion of
161,750-sq. ft.
In February 2003, Council approved PD-194R2, which amended the Amberpoint
PD to modify the industrial park identification sign location and design and to
incorporate an additional 9.102 acres into this PD.
In May 2005, Council approved PD-194R3, to allow a Detail Site Plan for the
development of three office/warehouse buildings, totaling approximately 714,010-
square feet south of Sandy Lake Road between Northpoint Drive and Freeport
Parkway, formerly State Road.
TRANSPORTATION: Sandy Lake is a C4D/6 six-lane divided thoroughfare in a right-of-
way containing approximately 120’ feet. Northpoint Drive is a 41’
C2U two-lane undivided thoroughfare within 60’ right-of-way.
Freeport Parkway, located east of the subject property, is an existing
two-lane roadway. The Thoroughfare Plan shows it to be improved
to a C4D/6 four-lane divided collector street capable of expansion to
six lanes.
SURROUNDING LAND USE & ZONING:
North - office/warehouse; PD-208-LI (Planned Development-208-Light Industrial)
South - Wagon Wheel Park; LI (Light Industrial)
East - Coppell Fellowship Bible Church; R (Retail), residential; PD-109-SF-9
(Planned Development-109-Single Family-9) and LI (Light Industrial)
West - existing office/warehouse facilities; part of this PD
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
light industrial/showroom uses.
DISCUSSION: This is a request to separate out 8.6 acres of detention area from the 64.29-
acre lot. The proposed Lot 2R-2X detention area, will not be allowed to
be developed, as it was included as part of the previously approved
landscape plan. This replat is simply a request from the owner for their
taxing purposes and does not modify any previously approved plans.
ITEM # 10 Page 2 of 3
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of this request, subject to the following conditions:
1. Remove the “C.C.______” from the bottom of both sheets. Dallas
County has a label they affix to the plans for recording information.
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) Replat
ITEM # 10 Page 3 of 3
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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
January 9, 2007
23
✔
PRESENTATION
Consider approval of the Gateway Business Park No. 3, Lots 1 and 2, Block A, Site Plan, to allow the construction of an
114,810-square-foot, two-story office building on Lot 1, containing 9.49 acres of property, and an 110,560-square-foot,
two-story office building on Lot 2, containing 8.60 acres of land on property, located at the north corner of IH-635 and
Freeport Parkway.
The following condition needs to be met:
1) Submission of a separate instrument designating the 10'-wide strip of land north of the north property line as an
off-site landscape easement, subject to approval from Atmos Energy allowing for the planting of ornamental trees
within this buffer area.
Recommendation of the P&Z Commission at the December 21, 2006,
meeting:
APPROVAL (7-0) with Commissioners Borchgardt, Frnka, Kittrell,
McCaffrey, Haas, Fox and Reese voting in favor.
Staff recommends approval, subject to the above-listed condition.
@ 8Gateway #3, L1&2, BA, SP 1-AR
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case: Gateway Business Park No. 3,
Lots 1 and 2, Block A, Site Plan
P&Z HEARING DATE: December 21, 2006
C.C. HEARING DATE: January 9, 2007
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: North corner of IH-635 and Freeport Parkway
SIZE OF AREA: 9.49 acres (Lot 1); 8.60 acres (Lot 2)
CURRENT ZONING: LI (Light Industrial)
REQUEST: Site Plan approval to allow the construction of an 114,810 square-
foot, two-story office building on Lot 1 and an 110,560-square-
foot, two-story office building on Lot 2.
APPLICANTS: Prospective Purchaser: Architect:
Ric Nelson Mick Granlund
Transwestern O’Brien & Associates
5001 Spring Valley Road 5310 Harvest Hill Road
Suite 600-W Suite 136
Dallas, Texas 75244 Dallas, Texas 75230
214-446-4543 972-788-1010
FAX: 214-446-4570 FAX: 972-788-4828
Engineer:
Mark McGraw
Halff Associates
8616 Northwest Plaza Drive
Dallas, Texas 75225
214-346-6244
FAX: 214-361-5573
ITEM # 11 Page 1 of 4
HISTORY: The Final Plat for Gateway Business Park was approved in 1990.
During the initial phase of construction, the developer partially
constructed structures for his industrial park identification signs at
street intersections. These signs remained incomplete for
approximately eight years. In the interim, the City adopted sign
regulations that precluded monument signs of that scale.
However, the Building Official allowed the completion of these
signs if these lots were platted as common areas. A portion of the
subject property is one of those common area lots. The remainder
of the subject property has never been platted.
TRANSPORTATION: Freeport Parkway is a C4D/6 four-lane, divided thoroughfare
within a 95’-wide right-of-way. Gateway Boulevard is a C4U
four-lane, undivided collector street within a 70’-wide right of
way.
SURROUNDING LAND USE & ZONING:
North – Vacant; LI
South – Vacant; LI
East – Vacant; LI
West - LBJ Freeway; City of Irving
COMPREHENSIVE PLAN: The Coppell Comprehensive Plan shows the property as suitable
for Light Industrial/showroom uses
DISCUSSION: This request is for site plan approval to allow the development of
two, 2–two story office buildings at this prominent location at the
corner of Freeport Parkway and LBJ Freeway, and was originally a
part of the Gateway Business Park. The proposed office use is
appropriate at this location. Parking is being provided at a ratio of
one space per 167 square feet of floor area, well exceeding office
requirement of one space per 300 square feet. Access will be
provided via two driveways from Freeport Parkway. The Site Plan
and all its elements are in compliance with the Zoning Ordinance
except that the two proposed monument signs exceed the 60’
maximum size permitted. The applicant has agreed to reduce the
size of the signs to be compliant with the regulations of the Zoning
Ordinance.
When this park was originally developed in the 1990’s, street trees
were planted and entry features and industrial park identification
signs were erected. During the intervening year, these street trees
have matured and have become an asset to this site. The
Landscape Plan indicates that 49 over story trees (over 300 caliper
ITEM # 11 Page 2 of 4
inches) will remain and an additional 44 trees (Live Oak, Cedar
Elm and Bradford Pear - ranging in size from 4.5” to 9.5” caliper
inches) will be transplanted within the site to partially fulfill the
requirements of the Landscape Ordinance. This will significantly
enhance the appearance of this development.
While it appears that there is sufficient land being devoted to
landscaping, there are errors in the calculations, omissions in the
data tables, and a deficiency in the number of trees being provided
in the parking lot islands. These items are specified in the
conditions for approval.
North of the northern property line is an existing 40-foot-wide gas
easement, a portion of which the applicant desires to use to fulfill
their perimeter landscape requirement along this property line.
This appears reasonable in that this area will always be open space.
However, permission is still needed from Atmos Energy to allow
trees to be planted within their easement. Also, the applicant will
need to submit a separate instrument designating this area as a
landscape buffer to fulfill the requirements of the Landscape
Ordinance. When the property to the north develops, the remaining
30 feet of this gas easement may be used for their landscape buffer
area. In the event that approval is not received from Atmos, an
alternative landscape plan will need to be submitted.
These buildings will be constructed of tilt-wall panels, with over
50% glass and 13% to 14% Alucobond Metal Cladding as an
architectural accent on the front facades. The buildings will have
articulated entryways and are designed to break up the expanse of
the façade. These materials are similar to the existing office
developments along the IH-635 frontage.
There is an existing billboard on this site. This is a legal, non-
conforming use. The legal status of this sign will not be effected by
the approval of the Site Plan for this tract. There is also a Gateway
Business Park sign at the corner of Freeport Parkway and I-635.
This structure will also be allowed to remain, but the letters may be
revised to reflect the new name of the park/owner.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of Gateway Business Park
No. 3, Lots 1 and 2, Block A, subject to the following conditions:
1) Submission of a separate instrument designating the 10’-wide
strip of land north of the north property line as an off-site
landscape easement, subject to approval from Atmos Energy
allowing for the planting of overstory trees within this buffer
area.
2) Reduction of the size of the monument signs to 60 square feet.
ITEM # 11 Page 3 of 4
3) Provision of a tree, per row parking, within every landscape
island.
4) Revision to the Plant List /Schedule Table to include the
specification of quantities of each tree species.
5) Revision to the enhanced pavement at the driveways on the
Site and Landscape Plans to be compliant with the standard
detail as specified in the Subdivision Ordinance.
6) Landscape calculations being revised to include the required
10’ perimeter landscape buffer along the mutual property line
between Lots 1 and 2.
7) Preparation of an exhibit indicating location and size of non-
vehicular landscaping areas to assure compliance with the
Landscape Ordinance.
8) Correction of the note indicating “Typical 4-inch caliper shade
tree” note to 3-inch as indicated in the Plant List Schedule.
9) Specify plant material (species and type) to be used for
evergreen hedge.
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) Site plan
2) Landscape plan
3) Tree Survey/Mitigation Plan
4) Elevations
ITEM # 11 Page 4 of 4
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
January 9, 2007
24
✔
PUBLIC HEARING
Consider approval of the Gateway Business Park No. 3, Lots 1 and 2, Block A, Minor Plat and Replat, being a replat
Gateway Business Park No. 2, Common Area 1, Block A, containing 0.29 of an acre, and a Minor Plat of approximately
17.8 acres of property, to establish various easements and fire lanes and to allow the construction of two, two-story
office buildings on property located at the north corner of IH-635 and Freeport Parkway.
The following P&Z conditions remain outstanding:
1) Submission of a separate instrument designating the 10’-wide strip of land north of the north property line as an
off-site landscape easement, subject to approval from Atmos Energy allowing for the planting of overstory trees within
this buffer area.
2) The addition of bearings, dimensions and curve data to the fire lane easements.
Recommendation of the P&Z Commission at the December 21, 2006,
meeting:
APPROVAL (7-0) with Commissioners Borchgardt, Frnka, Kittrell,
McCaffrey, Haas, Fox and Reese voting in favor.
Staff recommends approval, subject to the above-listed conditions.
@ 9Gateway#3,L1&2,BA,MP&R 1-AR
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case: Gateway Business Park No. 3,
Lots 1 and 2, Block A, Minor Plat and Replat
P&Z HEARING DATE: December 21, 2006
C.C. HEARING DATE: January 9, 2007
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: North corner of IH-635 and Freeport Parkway
SIZE OF AREA: 0.29 (Replat); 17.8 (Minor Plat)
CURRENT ZONING: LI (Light Industrial)
REQUEST: Establish various easements and fire lanes, to allow the
construction of two, two-story office buildings.
APPLICANTS: Prospective Purchaser: Architect:
Ric Nelson Mick Granlund
Transwestern O’Brien & Associates
5001 Spring Valley Road 5310 Harvest Hill Road
Suite 600-W Suite 136
Dallas, Texas 75244 Dallas, Texas 75230
214-446-4543 972-788-1010
FAX: 214-446-4570 FAX: 972-788-4828
Engineer:
Mark McGraw
Halff Associates
8616 Northwest Plaza Drive
Dallas, Texas 75225
214-346-6244
FAX: 214-361-5573
ITEM # 12 Page 1 of 3
HISTORY: The Final Plat for Gateway Business Park was approved in 1990.
During the initial phase of construction, the developer partially
constructed structures for his industrial park identification signs at
street intersections. These signs remained incomplete for
approximately eight years. In the interim, the City adopted sign
regulations that precluded monument signs of that scale.
However, the Building Official allowed the completion of these
signs if these lots were platted as common areas. A portion of the
subject property is one of those common area lots. The remainder
of the subject property has never been platted.
TRANSPORTATION: Freeport Parkway is a C4D/6 four-lane divided thoroughfare
within a 95’-wide right-of-way. Gateway Boulevard is a C4U
four-lane, undivided collector street within a 70’-wide right of
way.
SURROUNDING LAND USE & ZONING:
North – Vacant; LI
South – Vacant; LI
East – Vacant; LI
West - LBJ Freeway; City of Irving
COMPREHENSIVE PLAN: The Coppell Comprehensive Plan shows the property as suitable
Light Industrial/Showroom Uses.
DISCUSSION: This request is to subdivide this property into two lots. Lot 1 will contain
8.6 acres and Lot 2, 9.49 acres. As noted in the History section, the
southern corner of this property (approximately one-third of an acre) is
developed with existing Gateway Business Park entry feature sign and
landscaping. This lot was originally platted as a common area which will
now be incorporated into Lot 2.
This Plat establishes lot and building setback lines, various public and
private utility easements and fire lanes to allow the development of two
office buildings on this tract of land. A common access easement from
Freeport Parkway, across from Wrangler Drive, will serve both lots with
an additional driveway serving Lot 2. The water, sewer and drainage
easements within these tracts are private so that in the event these lots are
sold to different owners, maintenance will be assured.
The proposed fire lanes appear to meet ordinance requirements; however,
bearings, dimensions and curve data need to be added to the Plat to assure
our turning radii requirements are met.
ITEM # 12 Page 2 of 3
As discussed in the Site Plan approval, in the event that Atmos Energy
allows the planting of over story trees within the buffer area abutting the
north property line, a separate instrument designating this 10’-wide strip
as an off-site landscape easement will need to be filed with the County
with this Plat. In the event that Atmos Energy does not approve the
plantings in their easement, and alternative Landscape Plan will need to be
submitted.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of Gateway Business Park No. 3, Lots 1 and 2,
Block A, subject to the following conditions:
1) Submission of a separate instrument designating the 10’-wide strip of land
north of the north property line as an off-site landscape easement, subject to
approval from Atmos Energy allowing for the planting of overstory trees
within this buffer area.
2) The addition of bearings, dimensions and curve data to the fire lane
easements.
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) Plat
ITEM # 12 Page 3 of 3
NOT TO SCALENTS
FOR
BY
8616 NORTHWEST PLAZA DRIVE - DALLAS TEXAS 75225
HALFF ASSOCIATES, INC. ENGINEERS & SURVEYORS
1
2SCALE 1"=100’ (214)346-6200 AVO 24542 JANUARY 2007
FAX: (214) 361-5573
JOEL WILSON SURVEY, ABSTRACT NO. 1555,
CORDELIA BOWEN SURVEY, ABSTRACT NO. 56
CITY OF COPPELL, DALLAS COUNTY, TEXAS
OF
SITUATED IN THE
CATELLUS DEVELOPMENT CORPORATION
BLOCK B , LOT 1 - 18.36 ACRES
VOL. 89190/3425 DALLAS COUNTY
DETAIL A-A
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VOL. 98092/7045 DALLAS COUNTY
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VOLUME 2003257, PAGE 3287
D.R.D.C.T.
LOT 2, BLOCK A
413,218 Sq. Ft
or
9.49 Acres
LOT 1, BLOCK A
374,613 Sq. Ft
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787,831 Sq. Ft
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(VACANT)
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(BY THIS PLAT)
15’ PRIVATE WATER EASEMENT
(BY THIS PLAT)
PRIVATE DRAINAGE EASEMENT
(BY SEPARATE INSTRUMENT)
15’ PRIVATE SANITARY
SEWER EASEMENT
(BY THIS PLAT)
GATEWAY BUSINESS PARK NO. 3
GATEWAY BUSINESS PARK NO. 3
LOTS 1 AND 2, BLOCK A
N
0 30 60 90
SCALE IN FEET
120 180
CATELLUS DEVELOPMENT
CORPORATION BLOCK B ,
COMMON AREA - 0.28 ACRES
VOL. 89190/3425
DALLAS COUNTY
LOT 1, BLOCK A
LOT 1, BLOCK A
CATELLUS DEVELOPMENT CORP.
BLOCK C , LOT 1 - 3.93 ACRES
VOL. 89190/3425 DALLAS COUNTY
GATEWAY BUSINESS PARK NO. 2
BLOCK A, COMMON AREA 1
VOL. 99014, PG. 00183
D.R.D.C.T.
12,666 Sq. Ft.
OR
0.2908 Acre
ZONE LI
A MINOR PLAT AND REPLAT
LOTS 1 AND 2, BLOCK A
(A REPLAT OF GATEWAY BUSINESS PARK NO. 2)
5001 Spring Valley, Suite 600 W, Dallas, TX, 75224
Phone: (972) 774-2500 FAX: (972) 774-2524
TDC GATEWAY BUSINESS
CENTER, L.P.
60’ BUILDING SETBACK
WITH FRONT YARD PARKING
(BY THIS PLAT)
60’ BUILDING SETBACK
WITH FRONT YARD PARKING
(BY THIS PLAT)
10’ BUILDING SETBACK
(BY THIS PLAT)
10’ BUILDING SETBACK
(BY THIS PLAT)
10’ BUILDING SETBACK
(BY THIS PLAT)
10’ PRIVATE LANDSCAPE BUFFER
(BY SEPARATE INSTRUMENT)
10’ PRIVATE LANDSCAPE BUFFER
(BY SEPARATE INSTRUMENT)
The streets and alleys are dedicated for street purposes. The easements and public use
areas, as shown, are dedicated for the public use forever for the purposes indicated on this
limits the use to particular utilities, said use by public utilities being subordinate to the
public’s and City of Coppell’s use thereof. The City of Coppell and public utility entities
shall have the right to remove and keep removed all or parts of any buildings, fences, trees,
shrubs or other improvements or growths, which may in any way endanger or interfere with the
construction, maintenance, or efficiency of their respective systems in said easements.
The City of Coppell and public utility entities shall at all times have the full right of
ingress and egress to or from their respective easements for the purpose of constructing,
reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or
removing all or parts of their respective systems without the necessity at any time of
procuring permission from anyone.
That the undersigned do hereby covenant and agree that they shall construct upon the fire
lane easements, as dedicated and shown hereon, a hard surface and that they shall
maintain the same in a state of good repair at all times and keep the same free and clear
of any structures, fences, trees, shrubs, or other improvements or obstruction including,
but not limited to, the parking of motor vehicles, trailers, boats or other impediments to
the access of fire apparatus. The maintenance of paving on the fire lane easements is the
responsibility of the owner, and the owner shall post and maintain appropriate signs in
conspicuous places along such fire lanes stating "Fire Lane, No Parking". The police or
his duly authorized representative is hereby authorized to cause such fire lanes and utility
easements to be maintained free and unobstructed at all times for fire department and
emergency use.
The undersigned do covenant and agree that public access easements may be utilized by
any person or the general public for ingress and egress to other real property, and for the
purpose of general public vehicular and pedestrian use and access, and for fire
department and emergency use in, along, upon and across said premises with the right
and privilege at all times of the City of Coppell, its agents, employees, workmen and
representatives having ingress, egress and regress in, along, upon and across said
premises.
This plat approved subject to all platting ordinances, rules, regulations and resolutions of
the City of Coppell, Texas.
WITNESS OUR HANDS, this the day of , 2007.
I, the undersigned, a Notary Public in and for said County, in the State aforesaid,
NOTARY PUBLIC
My commission expires:
APPROVED AND ACCEPTED BY:
(Print Name) Date of Approval
(Print Name) Date of Approval
(Print Name) Date of Approval
RECOMMENDED FOR APPROVAL:
Chairman Planning & Zoning Commission Date of Approval
City of Coppell, Texas
APPROVED AND ACCEPTED:
City of Coppell, Texas
The undersigned, the City Secretary of the City of Coppell, Texas, hereby certifies that
WITNESS MY HAND, this the day of , 2007.
City Secretary
Mayor Date of Approval
plat. No buildings, fences, trees, shrubs or other improvements or growths shall be constructed
or placed upon, over or across the easements as shown, except pavement, parking lots, and that
landscape improvements may be placed in landscape easements, or as specified by planned development,
if approved by the City of Coppell. In addition, utility easements may also be used for the mutual use
and accommodation of all public utilities desiring to use or using the same unless the easement
2
2
STATE OF
COUNTY OF
(Print Name) Date of Approval
ATMOS ENERGY
VERIZON
2
2
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this day of , 2007.
TXU ELECTRIC DELIVERY COMPANY
$$$$$FILE$$$$$
FOR
BY
8616 NORTHWEST PLAZA DRIVE - DALLAS TEXAS 75225
HALFF ASSOCIATES, INC. ENGINEERS & SURVEYORS
SCALE 1"=100’ (214)346-6200 AVO 24542 NOVEMBER 2006
FAX: (214) 361-5573
JOEL WILSON SURVEY, ABSTRACT NO. 1555,
CORDELIA BOWEN SURVEY, ABSTRACT NO. 56
CITY OF COPPELL, DALLAS COUNTY, TEXAS
OF
SITUATED IN THE
MINORPLAT-P2-24542.dgn
TIME WARNER CABLE
SURVEYOR’S CERTIFICATE
I, Raul Wong, Jr, Registered Professional Land Surveyor, do hereby certify that the plat shown
hereon accurately represents the property as determined by an on the ground survey made under my
direction and supervision on September 9, 2005, and that the location of all monuments shown are correct, and
that the lots, blocks, streets, and avenues, alleys and public ways and ground are
accurately staked off and marked.
RAUL WONG, JR.
REGISTERED PROFESSIONAL LAND SURVEYOR
TEXAS NO. 2958
STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned, a Notary Public in and for said county and state on this day
personally appeared Raul Wong, Jr., known to me to be the person whose name is subscribed
to the forgoing instrument and acknowledged to me that he executed the same for the purpose
in consideration therein expressed, and the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 2007.
NOTARY PUBLIC in and for the STATE OF TEXAS
My commission expires:
GATEWAY BUSINESS PARK NO. 3
A MINOR PLAT AND REPLAT
LOTS 1 AND 2, BLOCK A
(A REPLAT OF GATEWAY BUSINESS PARK NO. 2)
TDC GATEWAY BUSINESS
CENTER, L.P.
5001 Spring Valley, Suite 600 W, Dallas, TX, 75224
Phone: (972) 774-2500 FAX: (972) 774-2524
OWNER’S CERTIFICATE AND DEDICATION
STATE OF TEXAS
COUNTY OF DALLAS
WHEREAS TDC Gateway Business Center, L.P. is the owner of a tract of land situated in the City of
Coppell, Dallas County, Texas, and being a part of the Cordelia Bowen Survey, Abstract Number 56,
the Joel Wilson Survey, Abstract Number 1555 and being part of a tract of land described as Tract 1
(Tract XIII) of Exhibit A to Catellus Land and Development Corporation as recorded in Volume 2003257,
Page 3287, Deed Records of Dallas County, Texas, (D.R.D.C.T.), and being more particularly described
as follows:
COMMENCING at a 1/2-inch found iron rod with a yellow plastic cap stamped "HALFF ASSOC
INC" for the southwest corner of Gateway Business Park No. 2, an addition to the City of Coppell
as recorded in Volume 98043, Page 0001, D.R.D.C.T., and being on the northerly right-of-way line
of Interstate Highway 635 as recorded in Volume 79122, Page 1381, D.R.D.C.T.;
THENCE South 36 degrees 44 minutes 37 seconds East, along said northerly right-of-way line, a
distance of 575.13 feet to the POINT OF BEGINNING at a set iron rod with cap.
THENCE South 89 degrees 03 minutes 34 seconds East, along the south right way line of a Lone
Star Gas Company Easement Volume 71167, Page 1308 and continuing with the south line of a
Lone Star Gas Company Easement as recorded in Volume 71167, Page 1306, D.R.D.C.T., a distance
of 1033.54 to a set iron rod with cap.
THENCE South 35 degrees 16 minutes 43 seconds East, continuing along the southwest right-of-
way line of Freeport Parkway (an 80 foot wide right-of-way) as recorded in Volume 82137, Page 690,
D.R.D.C.T.; a distance of 104.07 feet to a 1/2-inch set iron rod with cap for the point of curvature of
a tangent circular curve to the right having a radius of 770.00 feet and whose chord bears South 11
degrees 48 minutes 27 seconds East, a distance of 613.36 feet, from which a 5/8-inch found iron rod
bears South 24 degrees 51 minutes 40 seconds East, a distance of 1.99 feet;
THENCE Southeasterly, continuing along said southwest right-of-way line and along said curve to
the right, through a central angle of 46 degrees 56 minutes 33 seconds, an arc distance of 630.86
feet to a 1/2-inch set iron rod with cap for the point of tangency;
THENCE South 11 degrees 39 minutes 50 seconds West, continuing along said southwest right-of-
way line, a distance of 245.91 feet to southerly southwest corner of the right-of-way for Freeport Parkway
(a variable width right-of-way) as recorded in Volume 98067, Page 3324, D.R.D.C.T.;
THENCE South 78 degrees 20 minutes 10 seconds East, along the south line of said right-of-way, a
distance of 0.39 feet to a corner of a tract of land described to the Texas Department of
Transportation (TxDOT) as recorded in Volume 84195, Page 0604, D.R.D.C.T., and being on the
northerly right-of-way line of Interstate Highway 635, from which a TxDOT brass disc monument
found bears North 56 degrees 34 minutes 39 seconds West, a distance of 0.19 feet;
THENCE South 66 degrees 59 minutes 56 seconds West, departing said Freeport Parkway right-of-
way line and along said I. H. 635 right-of-way line, a distance of 80.88 feet to a point for corner,
from which a 5/8-inch found iron rod bears South 28 degrees 04 minutes 11 seconds East, a
distance of 1.75 feet;
THENCE North 80 degrees 50 minutes 21 seconds West, continuing along said I. H. 635 right-of-
way line, a distance of 68.28 feet to a point for corner, from which a found TxDOT monument bears
North 34 degrees 52 minutes 11 seconds West, a distance of 0.30 feet;
THENCE North 78 degrees 19 minutes 41 seconds West, continuing along said I. H. 635 right-of-
way line, a distance of 275.97 feet to a TxDOT brass disc monument found for corner;
THENCE North 63 degrees 57 minutes 56 seconds West, continuing along said I. H. 635 right-of-
way line, a distance of 157.53 feet to a point for corner, from which a found TxDOT brass disc
monument bears North 01 degree 26 minutes 07 seconds West, a distance of 0.36 feet;
THENCE North 42 degrees 29 minutes 08 seconds West, continuing along said I. H. 635 right-of-
way line, a distance of 141.98 feet to a point for corner, from which a found TxDOT brass disc
monument bears North 17 degrees 03 minutes 27 seconds East, a distance of 0.32 feet;
THENCE North 59 degrees 21 minutes 26 seconds West, continuing along said I. H. 635 right-of-
way line, a distance of 28.00 feet to a TxDOT brass disc monument found for corner on the
northeasterly line of a tract of land described to the State of Texas as recorded in Volume 79122,
Page 1381, D.R.D.C.T.;
THENCE North 34 degrees 23 minutes 31 seconds West, continuing along said I. H. 635 right-of-
way line and along said northeasterly line, a distance of 810.50 feet to a 1/2-inch set iron rod with
cap for corner, from which a 1/2-inch found iron rod bears South 23 degrees 36 minutes 22 seconds
East, a distance of 1.95 feet;
THENCE North 36 degrees 44 minutes 37 seconds West, continuing along said I. H. 635 right-of-
way line, a distance of 63.87 feet to the POINT OF BEGINNING AND CONTAINING 787,831 square
feet or 18.09 acres of land, more or less.
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That TDC Gateway Business Center, L.P., acting herein by and through its duly authorized agent,
does hereby adopt this plat designating the herein above described property as Gateway Business
Park No. 3, Dallas County, Texas, and does hereby dedicate, in fee simple to the public use forever,
the streets and alleys shown thereon.
TDC Gateway Business Center, L.P.
BY:
Jack Eimer, authorized agent
known to me to be the same person whose name is subscribed to the foregoing instrument,
DO HEREBY CERTIFY THAT personally known
to me to be the authorized agent of TDC Gateway Business Center, L.P. and personally
appeared before me this day in person, and severally acknowledged that as such agent
signed and delivered the said instrument, on behalf of TDC Gateway Business Center, L.P.,
for the uses and purpose therein set forth.
the foregoing minor plat and replat of the Gateway Business Park No. 3 was submitted
to the City Council on the day of , 2007, and the Council, by
formal action, then and there accepted the dedication of streets, alleys, parks, easements,
public places, and water and sewer lines, as shown and set forth in and upon said plat,
and said Council further authorized the Mayor to note the acceptance thereof signing
his name as hereinabove subscribed.
FLOODPLAIN NOTE:
1. By graphical plotting, subject tract lies within Zone "X"(unshaded). Zone "X"
(unshaded) is defined as "Areas determined to be outside the 500-year floodplain".
2. All floodplain information is based on FEMA Flood Insurance Rate Map No.
48113C0145 J, dated August 23, 2001 for Dallas County, Texas and Incorporated
Areas.
FLOODPLAIN ORDINANCE NOTE: Floodplain Development Permit Application No.
has been filed with the City of Coppell Floodplain Administrator on , 2007.
Floodplain Administrator Date
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
January 9, 2007
25
✔
PRESENTATION
Consider approval of the Lauth Park Center, Lot 1, Block A, Site Plan, to allow the development of a three-story,
68,350-square-foot medical office on 6.67 acres of property located north and west of the corner of SH 121 and N.
Denton Tap Road.
The following conditions need to be met:
1) A tree removal permit is required prior to the start of construction, and tree retribution in the amount of $51,850 will
be due.
2) Comments may be generated upon detailed engineering review.
3) Move proposed transformer shown to north side of proposed building.
4) Include brick and stone specifications, with color names, on black and white elevations.
Recommendation of the P&Z Commission at the December 21, 2006,
meeting:
APPROVAL (7-0) with Commissioners Borchgardt, Frnka, Kittrell,
McCaffrey, Haas, Fox and Reese voting in favor.
Staff recommends approval, subject to the above-listed conditions.
@ 5Lauth Park Ctr., L1, BA, SP 1-AR
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case : Lauth Park Center, Lot 1, Block A, Site Plan
P&Z HEARING DATE: December 21, 2006
C.C. HEARING DATE: January 9, 2007
STAFF REP.: Matt Steer, City Planner
LOCATION: North and west of the corner of SH 121 and N. Denton Tap Road
SIZE OF AREA: 6.67 acres
CURRENT ZONING: HC (Highway Commercial)
REQUEST: Development of a three-story, 68,350-square-foot medical office.
APPLICANT: Owner: Engineer: Architect:
David Suarez Mike Clark Dallas Hughes
Lauth Property Group Winkelmann & Associates Perkins & Will
100 Cresent Ct. # 700 6750 Hillcrest Plaza Dr. #100 10100 N. Central Exwy.
Dallas, TX 75201 Dallas, TX 75230 Dallas, TX 75231
(214) 459-2770 (972) 490-7090 (214) 283-8700
FAX: (214) 459-3101 FAX: (972) 490-7099 FAX: (214) 283-8701
HISTORY: There has been no recent development history on the subject tract.
TRANSPORTATION: Denton Tap Road is a P6D divided major arterial built to standard in a
150’ right-of-way. State Highway 121 has recently been completed as
a 140’ six-lane divided tollway facility within a 450’ right-of-way.
ITEM # 8 Page 1 of 3
SURROUNDING LAND USE & ZONING:
North - residential; PD-134R-SF7 (Planned Development-134 Revised-Single
Family-7)
South - vacant; PD-133–HC (Planned Development 133–Highway Commercial)
East - vacant; HC (Highway Commercial)
West - vacant; HC (Highway Commercial)
COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property
as suitable for freeway commercial uses.
DISCUSSION: The applicant is proposing to build a 68,350-square-foot, 3-story office on
a 6.67-acre site fronting State Highway 121. There are 391 parking spaces
required at a ratio of one space per 175 square feet for medical office use;
393 spaces are proposed, just meeting the parking requirements. This is a
50% speculative, 50% build-to-suit medical center with the tenant names
yet to be disclosed.
Staff has worked with the applicant to ensure the landscaping area
calculations are in accordance with the requirements of the Zoning
Ordinance. The area calculations are correct; however, there are still
some discrepancies between the tree calculations and those shown on the
plant list & plan (133 shown within the trees provided calculations, 132 on
list & plan). Also, 68 trees are required to be shown within the interior
tree calculations, as one tree is required per island and at the end of each
parking row. On the Plant List, there are 41 Lacebark Elms, 26 Chinese
Pistache, 20 Live Oaks, 16 River Birch, 15 Chinquapin Oak, and 14
Elderica Pines proposed. One additional tree should be added to one of
these groups, as well as, shown on the plan. The provided trees have been
upsized from the required 3” cal. to 4” cal. in order to offset some of the
tree retribution fees (reduced to $51,850). Along SH 121 there are 167
Dwarf Wax Myrtles proposed to sufficiently screen the parking area.
There are two mutual access and fire lane easements extending from
Denton Tap, encircling the building and connecting to SH 121. There is a
mutual access easement shown extending to the property to the west in
order to provide that property Denton Tap access. The 3-story building’s
front elevation is on the east side. One condition that is found in the
Highway Commercial District regulations, not typical of other business
districts, is the requirement for less than 50% of the parking area to be
located in the front yard. The applicant is just meeting this requirement
with 195 parking spaces out of the 393 proposed being depicted in the
front yard. The building elevations show a reddish-brown brick color with
Austin Stone at the base and main entry.
There are two 24 sq. ft. building sign areas shown indicating “Lauth” as
the building name (one on the front and one on the side elevation), and
ITEM # 8 Page 2 of 3
one 28 sq. ft. miscellaneous sign area (possibly for a tenant name) shown
on the south end of the front elevation, meeting the sign area requirements.
A 60-square-foot maximum monument sign is shown at the entry off SH
121. A condition of approval is to show a detail on the second elevation
sheet to ensure compliance with the Zoning Ordinance.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of this request, subject to the following conditions:
1. A tree removal permit is required prior to the start of construction, and
tree retribution in the amount of $51,850 will be due.
2. Provide monument sign detail indicating dimensions, materials and
colors.
3. Include additional screening wall and dumpster information on second
elevation sheet indicating all dimensions, materials and colors.
Screening wall should match the building and should be consistent in
both phases.
4. On Landscape Plan, 68 trees are required to be shown within the
interior tree requirement calculations, as one tree is required per island
and at the end of each parking row.
5. Include a legend on the Site Plan.
6. Change “Front Elevation” to read “Elevations” on Elevation Sheets.
7. Depict heights on each elevation.
8. Comments may be generated upon detailed engineering review.
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) Site Plan
2) Landscape Plan
3) Tree Survey
4) Elevations
ITEM # 8 Page 3 of 3
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
January 9, 2007
26
✔
PRESENTATION
Consider approval of the Lauth Park Center, Lots 1 and 2, Block A, Minor Plat, to establish lot lines and various
easements; to allow the development of a medical office on Lot 1 containing 6.67 acres of property, and the future
development of Highway Commercial uses on Lot 2, containing 5.69 acres of property located at the northwest
corner of SH 121 and N. Denton Tap Road.
The following P&Z conditions remain outstanding:
1) Ensure signature blocks have current year.
2) Compliance with the attached Engineering Department comment sheet.
Recommendation of the P&Z Commission at the December 21, 2006,
meeting:
APPROVAL (7-0) with Commissioners Borchgardt, Frnka, Kittrell,
McCaffrey, Haas, Fox and Reese voting in favor.
Staff recommends approval, subject to the above-listed conditions.
@ 6Lauth Park Ctr., L1&2, BA, MP 1-AR
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case : Lauth Park Center, Lots 1 and 2, Block A, Minor Plat
P&Z HEARING DATE: December 21, 2006
C.C. HEARING DATE: January 9, 2007
STAFF REP.: Matt Steer, City Planner
LOCATION: Northwest corner of SH 121 and N. Denton Tap Road.
SIZE OF AREA: 12.36 acres
CURRENT ZONING: HC (Highway Commercial)
REQUEST: Establish lot lines and various easements, to allow the development
of a medical office on Lot 1 (6.67 acres) and future development of
Highway Commercial uses on Lot 2 (5.69 acres).
APPLICANT: Owner: Engineer: Architect:
David Suarez Mike Clark Dallas Hughes
Lauth Property Group Winkelmann & Associates Perkins & Will
100 Cresent Ct. # 700 6750 Hillcrest Plaza Dr. #100 10100 N. Central Exwy.
Dallas, TX 75201 Dallas, TX 75230 Dallas, TX 75231
(214) 459-2770 (972) 490-7090 (214) 283-8700
FAX: (214) 459-3101 FAX: (972) 490-7099 FAX: (214) 283-8701
HISTORY: There has been no recent development history on the subject tract.
TRANSPORTATION: Denton Tap Road is a P6D divided major arterial built to standard in a
150’ right-of-way. State Highway 121 has recently been completed as
a 140’ six-lane divided tollway facility within a 450’ right-of-way.
ITEM # 9 Page 1 of 2
SURROUNDING LAND USE & ZONING:
North - residential; PD-134R-SF7 (Planned Development-134 Revised-Single
Family-7)
South - vacant; PD-133–HC (Planned Development 133–Highway Commercial)
East - vacant; HC (Highway Commercial)
West - vacant; HC (Highway Commercial)
COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996 shows the property
as suitable for freeway commercial uses.
DISCUSSION: Depicted on this plat are two lots. Lot One is the property for the previous
Site Plan request, and Lot Two is planned to be developed at a later date.
A 20’ electric easement and a 20’ utility easement are existing back-to-
back easements adjacent to SH 121. Both a “mutual access easement” and
a “fire lane/mutual access easement” are proposed to be dedicated by this
plat. The screening wall, landscaping and detention area will each be
maintained by a property owners’ association.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of this request, subject to the following conditions:
1. Include the 10’ landscaping and wall adjacent to the residential
property to the north in the property owners’ association maintenance
agreement.
2. Compliance with the attached Engineering Department Comment
Sheet.
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) Engineering Department Comment Sheet
2) Plat
ITEM # 9 Page 2 of 2
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:
Planning
January 9, 2007
27
✔
PUBLIC HEARING
Consider approval of a text amendment to the Code of Ordinances, Sec. 12-30-4.1 and 12-30-12.5 Gravel, Sand,
Stone or Petroleum Extraction to delete the requirement for a Special Use Permit and further approve the
incorporation of Article 9-26, of the Code of Ordinances “Oil and Gas Drilling and Production,” regulating the drilling
and production of oil and gas wells within the City.
On December 12, 2006, during the Work Session, Marcie Diamond, Assistant Director of Planning, briefed Council on
this text amendment and was instructed to bring this item before Council as a Public Hearing.
Recommendation of the P&Z Commission at the November 16, 2006,
meeting:
APPROVAL (6-0) with Commissioners Borchgardt, Kittrell, McCaffrey,
Haas, Fox and Reese voting in favor. Commissioner Frnka was absent.
Staff recommends approval.
@10 Text Amend., Oil & Gas, 1-AR
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: Text Amendment
Sec. 12-30-4.1 and 12-30-12.5 Gravel,
Sand, Stone or Petroleum Extraction
P&Z HEARING DATE: November 16, 2006
C.C. HEARING DATE: December 12, 2006
STAFF REP.: Marcie Diamond, Assistant Planning Director
REQUEST: To amend Sec. 12-30-4.1 and 12-30-12.5 Gravel, Sand, Stone or
Petroleum Extraction to delete the requirement for a Special Use
Permit (SUP) for this use and further to add reference to Chapter 9,
Section 26, of the Code of Ordinances “Oil and Gas Drilling and
Production,” which will regulate the drilling and production of oil
and gas wells within the city.
HISTORY: Currently, oil and gas exploration is permitted by SUP in the
Agriculture and Industrial districts. No other municipal regulation
specifically controls this use. The first SUP for a gas well in the
city of Coppell was granted in 1995. This well is located north and
west of the intersection of Coppell Road and Sandy Lake on the
“Callejo Tract”, in close proximity of the Lone Star Gas pipeline.
In 1997 a second SUP was granted along this pipeline, closer to
SH 121. These wells are currently not active. However, there
have been discussions as to potentially re-entering these wells or
drilling new ones within this tract.
DISCUSSION: Over the past several years, natural gas exploration and production
within the Barnett Shale has become very active in this area of
Texas. Barnett Shale covers approximately 30,000 square miles,
and many communities have adopted ordinances to regulate this
“land use.” While the permitting of this use is ultimately the
responsibility of the Texas Railroad Commission, with
participation by the Texas Commission on Environmental Quality
(TCEQ), Environment Projection Agency (EPA) and other various
agencies, municipalities may impose reasonable restrictions, but
may not prohibit this use. While other communities are dealing
with oil and gas drilling and production operations in close
ITEM # 7 Page 1 of 3
proximity to residential uses, Coppell, with its residential areas
being essentially built-out, has determined that it is reasonable to
limit this use to the industrial and agriculturally-zoned areas.
From a layman’s review of the maps indicating the location of the
Barnett Shale, it appears that only the western portions of the city
are in the “shale area” with limited potential on the east side.
Seismic and other tests will be required to determine if there are
potential well sites within the city limits. Staff has received various
inquiries from oil and gas companies and real estate professionals
attempting to enter into mineral leases in our area; therefore, it is
prudent to bring forth an ordinance in the event that a viable well
site is discovered.
From a land use perspective, the following is a summary the 37-
page proposed ordinance:
• The city will employ an Oil and Gas Inspector/Technical
Advisor to review all technical aspects of the application, and
monitor and inspect the on-going operations.
• Oil and gas wells shall be strictly prohibited within 300 feet of
any occupied building (not used in operations on the drilling
site), including, but not limited to residence, religious
institution, public building, hospital, school, public park, or any
business, and 200 feet from any railroad right-or-way.
• A notified, City Council public hearing shall be required for an
oil or gas well permit if the proposed well is to be located
within eight hundred (800) feet of any occupied building (not
used in operations on the drilling site), including, but not
limited to residence, religious institution, public building,
hospital, school, public park, or any business.
• Oil or gas wells located more than eight hundred (800) feet
from such uses may be approved by the Oil and Gas Inspector
without a public hearing.
• A screening devise (described in detail in the Ordinance), a
minimum of eight (8) feet, but not to exceed ten (10) feet, shall
enclose all completed wells, tanks and compressors.
• Landscaping and irrigation shall be required along all street
frontages of a well site, with suitable screening shrubs that
complement the architectural character of the surrounding
developments.
• Tree survey, protection and retribution plans will also be
required.
• Lighting and hours of operation are also addressed in the
proposed ordinance.
• Requirements for a Bond, Letter of Credit, Indemnity,
Insurance, and Road Maintenance Agreements are also
included in the proposed ordinance.
ITEM # 7 Page 2 of 3
In terms of land use analysis, once the well is dug and the shale fractured,
this is generally a fairly low impact use; however, during the preparation
phase, noise, lighting, water usage, and truck traffic issues need to be
addressed.
In summary, Oil and Gas Drilling regulations will be deleted from the
Zoning Ordinance, and codified into another chapter of the Code of
Ordinances. The review, analysis and approval will generally be the
responsibility of a Oil and Gas Inspector/Technical Advisor being an
expert in the requirements of all applicable federal, state and local
regulations. City Council public hearings will be required only when this
use is proposed within 800 feet of any occupied building.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of this amendment to Sec. 12-30-4.1 and 12-
30-12.5 Gravel, Sand, Stone or Petroleum Extraction to delete the requirement for
an SUP and further reference Chapter 9, Section 26, of the Code of Ordinances
“Oil And Gas Drilling and Production,” regulating the drilling and production of
oil and gas wells within the city.
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) Draft Ordinance (separate agenda item)
2) Draft Road Repair Agreement (separate agenda item)
ITEM # 7 Page 3 of 3
DRAFT – FOR REVIEW AND DISCUSSION
ORDINANCE NUMBER________________
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF COPPELL, BY ADDING ARTICLE 9-26, ENTITLED, “OIL
AND GAS DRILLING AND PRODUCTION,” REGULATING THE
DRILLING AND PRODUCTION OF OIL AND GAS WELLS WITHIN
THE CITY; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND NAMING
AN EFFECTIVE DATE.
WHEREAS, there has been increased interest in oil and gas drilling and production
within the city of Coppell;
WHEREAS, the city of Coppell currently requires a Special Use Permit for Gravel,
Sand, Stone or Petroleum Extraction in the Light Industrial and Agriculture Districts, but does
not have comprehensive regulations concerning drilling and production of gas within the city
limits;
WHEREAS, the City Council finds that the drilling and production of oil and gas within
the city limits without comprehensive regulations could affect the health, safety and welfare of
its citizens;
WHEREAS, the City Council deems it necessary to enact comprehensive regulations for
the drilling and production of oil and gas within the city limits;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1.
The Code of Ordinances of Coppell, Texas, is hereby amended by adding a new article,
Article 26 to Chapter 9 “Oil and gas,” comprised of sections 1 through 7 which reads as
follows:
DIVISION I. PURPOSE
SEC. 1 PURPOSE.
The exploration, development and production of oil and gas in the City is an activity which
necessitates reasonable regulation to ensure that all property owners, mineral and otherwise, have
the right to peaceably enjoy their property and its benefits and revenues, and to prevent
destruction of property and protect watersheds in the city of Coppell. It is hereby declared to be
the purpose of this Ordinance to establish reasonable and uniform limitations, safeguards and
regulations for present and future operations related to the exploring, drilling, developing,
producing, transporting and storing of oil and gas and other substances produced in association
DRAFT – FOR REVIEW AND DISCUSSION
with oil and gas within the City to protect the health, safety and general welfare of the public;
minimize the potential impact to property and mineral rights owners, protect the quality of the
environment and encourage the orderly production of available mineral resources.
DIVISION II. DEFINITIONS
SEC. 2 DEFINITIONS.
All technical industry words or phrases related to the drilling and production of oil and gas wells
not specifically defined in this Ordinance shall have the meanings customarily attributable
thereto by prudent and reasonable oil and gas industry operators, the Texas Railroad
Commission, the Texas Commission for Environmental Quality (TCEQ) and the Environmental
Projection Agency (EPA). The following words, terms and phrases, when used in this Ordinance,
shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
A. Abandonment means “abandonment” as defined by the Texas Railroad Commission and
includes the plugging of the well and the restoration of any well site as required by this
Ordinance.
B. Blanket Permit means a permit approved and issued for multiple wells/drill pads located
on the same tract of land.
C. Blowout preventer means a mechanical, hydraulic, pneumatic or other device or
combination of such devices secured to the top of a well casing, including valves, fittings
and control mechanisms connected therewith, which can be closed around the drill pipe,
or other tubular goods which completely close the top of the casing and are designed for
preventing blowouts.
D. Building means any structure used or intended for supporting or sheltering any use or
occupancy. The term “building” shall be construed as if followed by the words “or
portions thereof.”
E. Containment means controlling the unplanned or accidental spillage or flow of any
substance capable of causing pollution, including but not limited to smoke, vapors,
fumes, acids, alkalis, toxic chemicals, liquids or gases, drilling fluids including muds, or
other irritants.
F. Cathodic protection means an electrochemical corrosion control technique accomplished
by applying a direct current to the structure that causes the structure potential to change
from the corrosion potential to a protective potential in the immunity region. The required
cathodic protection current is supplied by sacrificial anode materials or by an impressed
current system.
G. City means the city of Coppell.
H. City Code means the Code of the city of Coppell.
2
DRAFT – FOR REVIEW AND DISCUSSION
I. City Attorney means the City Attorney of the city of Coppell.
J. Closed Loop Drilling system is a system of drilling whereby natural materials (earth) is
pumped up from the bore hole and are captured in legally required containment
equipment and hauled off to environmentally approved disposal sites.
K. Commission means the Texas Railroad Commission.
L. Completion of drilling, re-drilling and re-working means the date the work is completed
for the drilling, re-drilling or re-working and the first gas is flowing,
M. Derrick means any portable framework, tower, mast and/or structure which is required or
used in connection with drilling or re-working a well for the production of oil and gas.
N. Drilling means digging or boring a new well for the purpose of exploring for, developing
or producing oil, gas or other hydrocarbons, or for the purpose of injecting gas, water or
any other fluid or substance into the earth. Drilling means and includes the re-entry of an
abandoned well. Drilling does not mean or include the re-entry of a well that has not
been abandoned.
O. Drilling equipment means the derrick, together with all parts of and appurtenances to
such structure, every piece of apparatus, machinery or equipment used or erected or
maintained for use in connection with drilling.
P. Drill site means the premises used during the drilling or re-working of a well or wells
located there and subsequent life of a well or wells or any associated operation.
Q. Exploration means geologic or geophysical activities, including seismic surveys, related
to the search for oil, gas or other subsurface hydrocarbons.
R. Fire Department means the Fire Department of the city of Coppell.
S. Fracing is the term describing how the gas is freed from the shale rock. It is done by
forcing sand and water down into the well hole under great pressure, thus fracturing the
shale which permits the gas to escape from the rock.
T. Gas means any fluid, either combustible or noncombustible, which is produced in a
natural state from the earth and which maintains a gaseous or rarefied state at standard
temperature and pressure conditions and/or the gaseous components or vapors occurring
in or derived from petroleum or natural gas and/or as defined by the Railroad
Commission. Oil and gas well means any well drilled, to be drilled, or used for the
intended or actual production of oil or natural gas, or classified as a gas well in the Texas
Natural Resources Code and regulated by the Texas Railroad Commission.
U. Inspector means the Oil and Gas Inspector/Technical Advisor designated by the City
Manager of Coppell.
3
DRAFT – FOR REVIEW AND DISCUSSION
V. Operation site means the area used for development and production and all operational
activities associated with oil or gas after drilling activities are complete.
W. Permit means the permit required by the city of Coppell for any proposed well.
X. Open Loop Drilling system is a system of drilling whereby earth is drilled up from the well
flows into holding tanks and the frac pond thus being allowed to settle so that the frac
water can be reused. Open Loop Systems shall not be permitted. –
Y. Operator means, for each well, the person listed on the Railroad Commission Form W-1 or
Form P-4 for an oil or gas well that is, or will be, actually in charge and in control of
drilling, maintaining, operating, pumping or controlling any well, including, without
limitation, a unit Operator. If the Operator, as herein defined, is not the lessee under an oil
or gas lease of any premises affected by the provisions of this Ordinance, then such lessee
shall also be deemed to be an Operator. In the event that there is no oil or gas lease relating
to any premises affected by this Ordinance, the owner of the fee mineral estate in the
premises shall be deemed an Operator.
Z. Person means both the singular and the plural and means a natural person, a corporation,
association, guardian, partnership, receiver, trustee, administrator, executor, and fiduciary
or representative of any kind.
AA. Public building means all buildings used or designed to and intended to be used for the
purpose of assembly of persons for such purposes as deliberation, entertainment,
amusement, or health care. Public buildings include, but shall not be limited to, theaters,
assembly halls, auditoriums, armories, mortuary chapels, dance halls, exhibition halls,
museums, gymnasiums, bowling lanes, libraries, skating rinks, courtrooms, restaurants,
hospitals, government buildings, schools, colleges and universities.
BB. Public park means any land area dedicated to and/or maintained by the City for traditional
park-like recreational purposes.
CC. Re-drill or reworking means re-completion of an existing well by deepening or sidetrack
operations extending more than one hundred fifty (150) feet from the existing well bore.
Religious Institution means any building in which persons regularly assemble for religious
worship and activities intended primarily for purposes connected with such worship or for
propagating a particular form of religious belief.
DD. Residence means a house, duplex, apartment, townhouse, condominium, mobile home or
other building designed for dwelling purposes, including those for which a building permit
has been issued on the date the application for an Oil or Gas Well Permit is filed with the
Oil and Gas Inspector.
EE. Re-working means re-completion or re-entry of existing well within the existing bore hole
or by deepening or sidetrack operations which do not extend more than one hundred fifty
(150) feet from the existing well bore, or replacement of well liners or casings.
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FF. Right-of-way means public rights-of-way including streets, alleys, easements and other
property within the City and which is dedicated to the use and benefit of the public.
GG. School means any public and private, primary, secondary and higher educational facilities
providing education up through and including the twelfth grade and college level and any
licensed day care centers, meaning a facility licensed by the State of Texas that provides
care, training, education, custody, treatment or supervision for more than six children
under 14 years of age, and for less than 24 hours per day.
HH. Seismic activity is that activity performed before a well is drilled to determine the quality
of the materials beneath the proposed drilling site. This process different transmitted
frequencies into the earth and bounced back at different speeds to show a “seismic
picture” of the structure to be drilled. It reveals to potential drillers where not to drill
more than where to drill.
II. Spud means the first time the drill bit enters the ground for gas well drilling and
production.
JJ. Street means any street, highway, sidewalk, alley, avenue, recessed parking area or other
public right-of-way, including the entire right-of-way.
KK. Tank means a container, covered or uncovered, used in conjunction with the drilling or
production of oil, gas or other hydrocarbons for holding or storing fluids.
LL. Technical advisor means such person(s) familiar with and educated in the oil or gas
industry or the law as it relates to oil or gas matters who may be retained from time to
time by the City.
MM. Well means a hole or holes, bore or bores, to any horizon, formation, or strata for the
purpose of producing oil, gas, liquid hydrocarbon, brine water or sulfur water, or for use
as an injection well for secondary recovery, disposal or production of oil, gas or other
hydrocarbons from the earth.
DIVISION III. OIL AND GAS INSPECTOR
SEC. 3 OIL AND GAS INSPECTOR/TECHNICAL ADVISOR.
A. The City Manager shall designate an Oil and Gas Inspector/Technical Advisor who shall
enforce the provisions of this Ordinance. The Oil and Gas Inspector shall have the
authority to issue any orders or directives required to carry out the intent and purpose of
this Ordinance and its particular provisions. Failure of any person to comply with any
such order or directive shall constitute a violation of this Ordinance. The Oil and Gas
Inspector role may be provided or supplemented by a qualified consultant.
B. The Oil and Gas Inspector shall have the authority to enter and inspect any premises
covered by the provisions of this Ordinance to determine compliance with the provisions
of this Ordinance and all applicable laws, rules, regulations, standards or directives of the
State. Failure of any person to permit access to the Oil and Gas Inspector shall constitute
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a violation of this Ordinance. The Oil and Gas Inspector shall conduct periodic
inspections at least once a year of all permitted wells in the City to determine that the
wells are operating in accordance within proper safety parameters as set out in this
Ordinance and all regulations of the Commission.
C. The Oil and Gas Inspector shall have the authority to request and receive any records,
including any records sent to the Commission, logs, reports and the like, relating to the
status or condition of any permitted well necessary to establish and determine compliance
with the applicable Oil or Gas Well Permit. Failure of any person to provide any such
requested material shall be deemed a violation of this Ordinance.
DIVISION IV. AGENT
SEC. 4 OPERATOR'S AGENT.
Every Operator of any well shall designate an agent, who is a resident of the State of
Texas, upon whom all orders and notices provided in this Ordinance may be served in person or
by registered or certified mail. Every Operator so designating such agent shall within ten (10)
days notify the Oil and Gas Inspector in writing of any change in such agent or such mailing
address unless operations within the City are discontinued.
DIVISION V. OIL OR GAS WELL PERMITS
SEC. 5 OIL OR GAS WELL PERMIT REQUIRED.
A. A person wanting to engage in and operate in oil or gas production activities shall apply
for and obtain an Oil or Gas Well Permit. It shall be unlawful for any person acting
either for himself or acting as agent, employee, independent contractor, or servant for any
person to drill any well, assist in any way in the site preparation, re-working, fracturing or
operation of any such well or to conduct any activity related to the production of oil or
gas without first obtaining an Oil or Gas Well Permit issued by the City in accordance
with this Ordinance. Such activities include, but are not limited to re-working, initial site
preparation, drilling, operation, construction of rigs or tank batteries, fracturing and
pressurizing. A permit shall not be required for seismic surveys.
B. The Operator must apply for and obtain an Oil or Gas Well Permit for the drilling, re-
drilling, deepening, re-entering, activating or converting of each well. The Operator may
apply for and obtain a “blanket” Oil or Gas Well Permit for more than one well if
multiple wells are located on the same tract of land.
C. An Oil or Gas Well Permit shall not constitute authority for the re-entering and drilling of
an abandoned well. An Operator shall obtain a new Oil or Gas Well Permit in
accordance with the provisions of this Ordinance if the Operator is re-entering and
drilling an abandoned well.
D. When an Oil or Gas Well Permit has been issued to the Operator for the drilling, re-
drilling, deepening, re-entering, activating or converting of a well, such Oil or Gas Well
Permit shall constitute sufficient authority for drilling, operation, production gathering or
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production maintenance, repair, re-working, testing, plugging and abandonment of the
well and/or any other activity associated with mineral exploration at the site of such well,
provided, however, that a new or supplemental permit shall be obtained before such well
may be reworked for purposes of re-drilling, deepening or converting such well to a
depth or use other than that set forth in the then current permit for such well.
E. Any person who intends to re-work a permitted well using a drilling rig, to fracture
stimulate a permitted well after initial completion or to conduct seismic surveys or other
exploration activities shall give written notice to the Oil and Gas Inspector no less than
ten (10) days before the activities begin. The notice must identify where the activities
will be conducted and must describe the activities in detail, including whether explosive
charges will be used, the duration of the activities and the time the activities will be
conducted. The notice must also provide the address and 24-hour phone number of the
person conducting the activities. If requested by the Oil and Gas Inspector, the person
conducting the activities will post a sign on the property giving the public notice of the
activities, including the name, address and 24-hour phone number of the person
conducting the activities. If the Oil and Gas Inspector determines that an inspection by
the Oil and Gas Inspector is necessary, the Operator will pay the City for the inspection.
The following requirements shall apply to all fracture stimulation operations performed
on a well within 800 feet of any occupied building (not used in operations on the drilling
site) including, but not limited to residence, religious institution, public building, hospital,
school, public park, or any business: 1) at least 48 hours before operations are
commenced, the operator shall post a sign at the entrance of the well site advising the
public of the date the operations will commence; 2) “flowback” operations to recover
fluids used during fracture stimulation shall be performed during daylight hours only
unless the Oil and Gas Inspector approves such operations during non-daylight hours; 3)
a watchman shall be required at all times during such operations; and 4) at no time shall
the well be allowed to flow or vent directly to the atmosphere without first directing the
flow through separation equipment or into a portable tank.
F. An Oil or Gas Well Permit shall automatically terminate, unless extended, if drilling is
not commenced within one hundred eighty (180) days from the date of the issuance of the
Oil or Gas Well Permit. Drilling must commence within one hundred eighty (180) days
from the date of the issuance of the Oil or Gas Well Permit on at least one well under a
“blanket permit,” in order to maintain the validity of the Oil or Gas Well Permit for the
multiple wells. An Oil or Gas Well Permit may be extended by the Oil and Gas Inspector
for an additional one hundred eighty (180) days upon request by the Operator and proof
that the engineering site plan for the requested Oil or Gas Well permit for such location
has not changed.
G. The Oil or Gas Well Permits required by this Ordinance are in addition to and are not in
lieu of any permit which may be required by any other provision of this Code or by any
other governmental agency.
H. No additional Oil or Gas Well Permit or filing fees shall be required for:
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1) any wells, existing, previously permitted or approved by the City, within the
corporate limits of the City on the effective date of this Ordinance which are currently
operating; or
2) any wells which drilling has commenced on the effective date of this Ordinance.
A person shall have forty-five (45) days after the enactment of this Ordinance to
designate an oil or gas operation as a pre-existing operation by filing a site plan drawn to
scale that shows the location of the well with respect to survey lines and the associated
production facilities, if any, with the Oil and Gas Inspector.
I. No Oil or Gas Well Permit shall be issued for any well to be drilled within any floodway
or floodplain as defined by the most current FEMA map.
J. No Oil or Gas Well Permit shall be issued for any well to be drilled on City owned
property without the prior consent of the City Council. The City Council shall review the
insurance and security requirements on an individual basis prior to issuing the permit.
K. By acceptance of any Oil or Gas Well Permit issued pursuant to this Ordinance, the
Operator expressly stipulates and agrees to be bound by and comply with the provisions
of this Ordinance. The terms of this Ordinance shall be deemed to be incorporated in any
Oil or Gas Well Permit issued pursuant to this Ordinance with the same force and effect
as if this Ordinance was set forth verbatim in such Oil or Gas Well Permit.
SEC. 6 OIL OR GAS WELL PERMIT APPLICATION AND FILING FEES.
A. Every application for an Oil or Gas Well Permit issued pursuant to this Ordinance shall
be in writing signed by the Operator, or some person duly authorized to sign on his
behalf, and filed with the city of Coppell.
B. Every application, including new and amended permits, shall be accompanied by a
permit fee of two thousand five hundred dollars ($2,500). This permit fee is in addition to
other fees that may be charged. Annual inspection fees of one thousand two hundred
dollars ($1,200) shall also be assessed.
C. The application shall include the following information:
1) The date of the application and type or types of Oil or Gas Well Permit requested.
2) An accurate legal description of the lease property to be used for the oil or gas
operation, the parcel and the production unit and name of the geologic formation as
used by the Commission. Property recorded by plat should reference subdivision,
block and lot numbers.
3) Map showing proposed transportation route and road for equipment, chemicals or
waste products used or produced by the oil or gas operation.
4) Proposed well name.
5) Surface owner names(s) and address(es) of the lease property.
6) Mineral Lessee name and address.
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7) Operator/Applicant name and address and if the Operator is a corporation, the state
of incorporation, and if the Operator is a partnership, the names and addresses of
the general partners.
8) Name and address of individual designated to receive notice.
9) Name of representative with supervisory authority over all oil or gas operation site
activities and a 24-hour phone number.
10) Location and description of all improvements and structures within eight hundred
(800) feet of the well.
11) Owner and address of each parcel of property within eight hundred (800) feet of the
proposed drill site.
12) A detailed site plan of the proposed operation site showing the location of all
improvements and equipment, including the location of the proposed well(s) and
other facilities, including, but not limited to, tanks, pipelines, compressors,
separators and storage sheds and their distances from any public rights-of-way, and
temporary and/or permanent screening devises, as necessary.
13) The name, address and 24-hour phone number of the person to be notified in case of
an emergency.
14) The exact and correct acreage and number of wells, if applicable, included in the
Oil or Gas Well Permit application.
15) Copies of all reports required by the Commission.
16) A signed Road Maintenance Agreement supplied by the City that provides that the
Operator shall repair, at his own expense, any damage to roads, streets, or highways
caused by the use of heavy vehicles for any activity associated with the preparation,
drilling, production, and operation of oil or gas wells.
17) A description of public utilities required during drilling and operation.
18) A description of the water source to be used during drilling.
19) A copy of the approved Commission permit to drill together with attachments and
survey plats which are applicable to the drill and operation sites.
20) A copy of the Stormwater Pollution Prevention Plan if required by the
Environmental Protection Agency. A copy of the notice of intent shall be submitted
to the city of Coppell three (3) days prior to the commencement of any onsite
activity.
21) A copy of the determination by the Texas Commission on Environmental Quality
(TCEQ) of the depth of useable quality ground water.
22) Evidence from DFW Airport that the drilling rig will not adversely effect the DFW
Flight Pattern Overlay.
23) A Hazardous Materials Management Plan shall be on file with the Fire Marshal.
Any updates or changes to this plan shall be provided to the Fire Marshal within 3
working days of the change. All chemicals and/or hazardous materials shall be
stored in such a manner as to prevent, contain, and facilitate rapid remediation and
clean-up of any accidental spill, leak, or discharge of a hazardous material. Operator
shall have all material safety data sheets (MSDSs) for all hazardous materials on
site. All applicable federal and state regulatory requirements for the proper labeling
of containers shall be followed. Appropriate pollution prevention actions shall be
required and include, but are not limited to, chemical and materials raised from the
ground (e.g., wooden pallets), bulk storage, installation and maintenance of
secondary containment systems, and protection from storm water and weather
elements.
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24) Evidence of insurance and security requirements under this Ordinance.
25) A statement, under oath, signed by the Operator, or designated representative, that
the information submitted with the application is, to the best knowledge and belief
of the Operator or designated representative, true and correct.
26) All required application and Oil or Gas Well Permit fees.
27) If any existing trees, 6 inch caliper or greater are to be removed and/or disturbed,
then a Tree Mitigation Plan and Tree Removal Permit must be obtained per Section
12-34-2 of the Coppell Code of Ordinances.
28) An indemnification, release and discharge of the City of any liability as specified in
Division V, Insurance Bond, and Indemnity, Section 5 of this Ordinance.
29) A video documenting existing conditions of the City streets that will be used by
truck traffic to the site, plus a video of the property being used for the Drill Site.
30) In addition to obtaining an Oil or Gas Well Permit and before establishing a Drill
Site and access road, the Operator must obtain the necessary permits from the City
Building Inspections Department and a grading permit from the City Engineering
Department. The grading permit application shall include a storm water pollution
prevention plan and a drainage plan unless the City Engineer determines that they
are not necessary.
SEC. 7 OIL OR GAS WELL PERMIT PROCESS.
A. Permit Required.
1) An Oil or Gas Well Permit shall be required for all proposed wells.
2) Oil and Gas Wells shall be strictly prohibited within 300 feet of any of any
occupied building (not used in operations on the drilling site), including, but not
limited to residence, religious institution, public building, hospital, school, public
park, or any business, and 200 feet from any railroad right-or-way.
3) Oil and Gas Wells shall only be permitted only in areas zoned LI –“Light
Industrial,” PD-LI –“Planned Development – Light Industrial,” or A –
“Agricultural.”
4) A public hearing for an oil or gas well permit shall be required if the proposed well
is to be located within eight hundred (800) feet of any occupied building (not used
in operations on the drilling site), including, but not limited to residence, religious
institution, public building, hospital, school, public park, or any business. This
provision applies to any building, (not used in operations on the drilling site)
including, but not limited to residence, religious institution, public building,
hospital, school, public park, or any business which a building permit has been
issued on the date the application for a permit is filed with the gas inspector. Oil or
gas wells located more than eight hundred (800) feet from such uses may be
approved by the Oil and Gas Inspector/Technical Advisor without a public hearing.
For the purpose of a such an oil or gas well permit the measurement of the eight hundred
(800) foot distance shall be made from the well bore, in a straight line, without regard to
intervening structures or objects, to the closest exterior point of the building.
B. Application Requirements.
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An application for an Oil or Gas Well Permit shall include all information, documents,
permits and plans as required in Sec 6, OIL OR GAS WELL PERMIT APPLICATION
AND FILING FEES as herein defined.
C. Permitting Procedure.
1) After a complete Permit application is submitted, the Oil and Gas Inspector shall
evaluate the public impact of the proposed activity. The Oil and Gas Inspector shall
consider the proposed site and the proposed operations or drilling program and shall
identify restrictions or conditions, including minimum separation distance for
drilling or other operations, special safety equipment and procedures, noise
reduction levels, screening and any other requirements the Oil and Gas Inspector
deems appropriate. If the proposed well or wells are located more than 800 feet
from any occupied building, (not used in operations on the drilling site) including,
but not limited to residence, religious institution, public building, hospital, school,
public park, or any business for which a building permit has been issued on the date
the application for a permit is filed with the Oil and Gas Inspector, the Inspector
may, consistent with State law, accept, reject or modify the application in the
interest of securing compliance with this Ordinance, the City Code of Ordinances
and/or to protect the health, safety and welfare of the community. An applicant
may appeal a decision of the Oil and Gas Inspector to the City Council.
2) Applications for a proposed well or wells that are located 800 feet or less from any
occupied building (not used in operations on the drilling site), including, but not
limited to residence, religious institution, public building, hospital, school, public
park, or any business for which a building permit has been issued on the date the
application for a permit is filed with the Oil and Gas Inspector, shall require a
public hearing following a review by the Inspector. Within forty-five (45) days of
receipt of a complete application, the Oil and Gas Inspector shall place the matter
on the City Council agenda for a public hearing and give notice by mail of the time,
place and purpose thereof to the applicant and any other party who has requested in
writing to be so notified. The forty-five (45)-day period shall not begin to run until
the applicant/operator has provided the Oil and Gas Inspector with a complete
application package.
3) At least fifteen (15) days, and no more than thirty (30) days prior to the date of the
public hearing before the City Council for an Oil or Gas Well Permit under this
Ordinance, Operator shall notify, at Operator’s expense, each surface owner of
property, as shown by the current tax roll, within eight hundred (800) feet of the
proposed well not owned by or under lease to the Operator of the hearing place,
date and time. Such notice, as outlined below, shall be made by depositing the
same, properly addressed and postage paid, in the United States mail. The Operator
shall file an affidavit with the Oil and Gas Inspector showing the name and last
known address, as identified by the current tax roll, of each owner of property to
whom notice was mailed and the names of each owner of property to whom notice
is required to be given, but whose address is unknown. Notice shall be sent to all
neighborhood/property associations registered with the City within one-half mile of
the proposed drill site.
4) At least fifteen (15) days prior to the date of the public hearing before the City
Council for an Oil or Gas Well Permit under this Ordinance, the Operator shall, at
Operator’s expense, erect at least one sign, no less than three feet by three feet,
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upon the premises upon which an Oil or Gas Well Permit has been requested.
Where possible, the sign or signs shall be located in a conspicuous place or places
upon the property at a point or points nearest any right-of-way, street, roadway or
public thoroughfare adjacent to such property.
a. The sign(s) shall substantially indicate that an Oil or Gas Well Permit to drill for
oil or gas has been requested and state the date, time and place of the public
hearing, and shall further set forth that additional information can be acquired
by telephoning the applicant/Operator or the city of Coppell at the numbers
indicated on the sign.
b. The continued maintenance of any such sign(s) shall be deemed a condition
precedent to the holding of any public hearing or to any other official action
concerning this Ordinance.
c. Any sign(s) shall be removed within 10 days after final action by the City
Council
5) At least fifteen (15) days, and no more than twenty (20) days prior to the date of the
public hearing before City Council for an Oil or Gas Well Permit under this
Ordinance, Operator shall publish a copy of the notice as outlined below, at
Operator’s expense, in the legal newspaper of the City for two (2) consecutive
weeks. An affidavit by the printer or publisher of the newspaper indicating
publication of the notice shall be filed with the application and will be prima facie
evidence of such publication. The notice shall read as follows:
“Notice is hereby given that, acting under and pursuant to the Ordinances of the city
of Coppell, Texas, on the ____________day of _________________________,
20___, _______________________ filed with the Oil and Gas Inspector of the city
of Coppell, an application for an Oil or Gas Well Permit to drill, complete and
operate a well for oil or gas upon property located at ________________________,
_______________ County, Coppell, Texas, more particularly shown on the map of
record in Volume _____________, Page ________, Plat records of
____________County, Texas or per Tax Tract Number ____________ ,
____________County, Texas. The City Council will conduct a public hearing on
the request for said permit on the __________ day of ___________, 20___ at
_____o’clock __.m. in the City Council Chambers located at 255 Parkway
Boulevard, Coppell, Texas
6) All notice provisions contained herein shall be deemed sufficient upon substantial
compliance with this section and are in addition to other notices which may
otherwise be required.
7) After a Permit application is submitted, the Oil and Gas Inspector shall evaluate the
public impact of the proposed activity. The Oil and Gas Inspector shall consider the
proposed site and the proposed operations or drilling program and shall draft
recommended restrictions or conditions, including minimum separation distance for
drilling or other operations, special safety equipment and procedures, recommended
noise reduction levels, screening and any other requirements the Oil and Gas
Inspector deems appropriate. The recommendations shall be submitted to the City
Council for consideration prior to the public hearing.
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8) Prior to the public hearing and before the City Council considers the merits of the
application and the recommendations of the Oil and Gas Inspector, the
applicant/operator shall provide evidence of a certificate of publication establishing
timely publication of the notice of the hearing, that timely actual notice of the
hearing was given to all persons as required by this Ordinance and that the
Applicant/Operator has otherwise complied with or satisfied all other requirements
of this Ordinance, including full and complete compliance with the insurance and
security requirements.
9) The burden of proof on all matters considered in the hearing shall be upon the
Applicant/Operator.
10) The City Council shall review the application and any other related information and
shall consider the following in deciding whether to grant a Oil or Gas Well Permit:
a. Whether the operations proposed are reasonable under the circumstances and
conditions prevailing in the area considering the particular location and the
character of the improvements located there;
b. Whether the drilling of such wells would conflict with the orderly growth and
development of the City;
c. Whether there are other alternative well site locations;
d. Whether the operations proposed are consistent with the health, safety and
welfare of the public when and if conducted in accordance with the Oil or Gas
Well Permit conditions to be imposed;
e. Whether there is sufficient access for the City fire personnel and fire fighting
equipment;
f. The recommendations of the Oil and Gas Inspector; and
g. Whether the impact upon the adjacent property and the general public by
operations conducted in compliance with the Oil or Gas Well Permit conditions
are reasonable and justified, balancing the following factors:
i. The right of the owners(s) of the mineral estate to explore, develop, and
produce the minerals; and
ii. The availability of alternative drill sites.
11) The City Council may require an increase in the distance the well is setback from
public rights-of-way or any occupied building, (not used in operations on the
drilling site) including, but not limited to residence, religious institution, public
building, hospital, school, public park, or any business, or require any change in
operation, plan, design, layout or any change in the on-site and technical regulations
in Sec. _____ of this Ordinance, including fencing, screening, landscaping, lighting,
delivery times, noise levels, tank height, or any other matters reasonably required
by public interest.
12) The City Council may, consistent with State law, accept, reject or modify the
application in the interest of securing compliance with this Ordinance, the City
Code of Ordinances and/or to protect the health, safety and welfare of the
community.
D. Wells Setbacks for Oil or Gas Well Permit.
1) Except as otherwise provided in this ordinance, it shall be unlawful to drill any well,
the center of which, at the surface of the ground, is located within three hundred (300)
any occupied building, (not used in operations on the drilling site) including, but not
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limited to residence, religious institution, public building, hospital, school, public
park, or any business. This provision applies to any occupied building (not used in
operations on the drilling site), including, but not limited to residence, religious
institution, public building, hospital, school, public park, or any business which a
building permit has been issued on the date the application for a permit is filed with
the Oil and Gas Inspector. For the purpose of an Oil or Gas Well Permit the
measurement of the 300 foot distance shall be made from the well bore, in a straight
line, without regard to intervening structures or objects, to the closest exterior point of
the building.
2) This setback distance may be reduced by the City Council to less than three hundred
(300) feet from any occupied building, (not used in operations on the drilling site)
including, but not limited to residence, religious institution, public building, hospital,
school, public park, or any business only when there is the unanimous consent of the
property owners within a three hundred (300) foot radius around said well and the
affirmative vote of not less than three-fourths of all the members of the City Council.
For protection of the public health, safety and welfare, the City Council may impose
additional requirements for a reduction of such distance.
3) Tank batteries, facilities and equipment (other than the well itself), shall be located at
least three hundred (300) feet from any occupied building, (not used in operations on
the drilling site) including, but not limited to residence, religious institution, public
building, hospital, school, public park, or any business for which a building permit
has been issued on the date of the application for a drilling permit is filed. The
distance shall be calculated from the closest tank batteries, facilities and/or
equipment, in a straight line, without regard to intervening structures or objects, to the
closest exterior point of the building.
E. Screening for Oil or Gas Well Facilities
1) A screening wall, a minimum of eight (8) feet, but not to exceed ten (10) feet, shall
enclose all completed wells, tanks and compressors and shall be constructed of the
following materials:
a. Brick and/or stone;
b. Pre-cast concrete wall or pour-in-place concrete wall with a similar
appearance as brick, stone or split-face concrete masonry unit;
c. Earthen berm, appropriately landscaped;
d. Black or green vinyl coated chain link fence with evergreen trees planted in
such a manner to provide a visual screen within 2 years; or
e. A combination of landscaped earthen berm, evergreen trees and one or more
of the construction materials.
2) Gate Specifications. All masonry walls shall be equipped with at least one (1) gate.
The gate shall meet the following specifications:
a. Each gate shall be not less than twelve (12) feet wide and be composed of two
(2) gates, each of which is not less than six (6) feet wide, or one (1) sliding
gate not less than twelve (12) feet wide. If two (2) gates are used, gates shall
latch and lock in the center of the span;
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b. The gates shall be of metal frame and wooden veneer construction that meets
the applicable specifications, or of other approved material;
c. The gates shall be provided with a combination catch and locking attachment
device for a combination padlock, and shall be kept locked except when being
used for access to the site; and
d. Operator must provide the Oil and Gas Inspector with the padlock
combination.
e. Operator must provide the City Fire Marshal with a “Knox Padlock” or “Knox
Box with a key” to access the well site to be used only in case of an
emergency.
F. Landscaping.
Landscaping and irrigation shall be required along all street frontages of the well site with
suitable screening shrubs that complement the architectural character of the surrounding
developments.
1) A landscape buffer shall be a minimum of 15 feet in depth.
2) Plants and materials used in living barriers shall be at least 30 inches in height at the
time of planting and shall be of a type and species that will attain a minimum height
of three feet one year after planting.
3) Perimeter landscape areas shall contain at least one evergreen tree (such as Austrian
Pines and Eastern Red Cedar) for each 40 linear feet or fraction thereof of perimeter
landscape area.
G. Vehicle Routes for Oil or Gas Well Permit.
Vehicles associated with drilling and/or production in excess of three tons shall be
restricted to such streets designated as either truck routes or commercial delivery routes
by the City Code wherever capable of being used. The vehicles shall be operated on a
truck route wherever capable of being used; they shall be operated on a commercial
delivery route only when it is not possible to use a truck route to fulfill the purpose for
which such vehicle is then being operated. Commercial delivery route means any street
or highway so designated by the City Council for the use by any commercial motor
vehicle, truck-tractor, trailer, semi-trailer, or any combination thereof. Refer also to the
Road Repair Agreement required to be executed with the Oil and Gas Permit.
H. Work Hours for Oil or Gas Well Permit.
Site development, other than drilling, shall be conducted only between sunrise and
sunset. Truck deliveries of equipment and materials associated with drilling and/or
production, well servicing, site preparation and other related work conducted on the well
site shall be limited to between sunrise and sunset.., except in cases of fires, blowouts,
explosions and any other emergencies or where the delivery of equipment is necessary to
prevent the cessation of drilling or production.
I. Noise Restrictions for Oil or Gas Well Permit.
1) No drilling, producing or other operations (excluding formation fracturing) shall
produce a sound level greater than 78 dB(a) when measured at a distance of three
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hundred (300) feet from the production equipment in question. The noise level shall
be the average of sound level meter readings taken consecutively at any given time
from four (4) or more diametrically opposite positions, four (4) feet above ground
level, when measured at a distance of three hundred (300) feet from the production
equipment. A maximum sound level of 85 dB(a) shall apply to formation fracturing
when measured at a distance of three hundred (300) feet from the production
equipment in question.
2) No person shall operate or permit to be operated in connection with the operation of a
producing well any engine, compressor or motor-driven machinery of any type which
creates a sound level greater than 65dB(a) when measured at a distance of three
hundred (300) feet from the well site. The noise level shall be the average of sound
level meter readings taken consecutively at any given time from four (4) or more
diametrically opposite positions measured at a distance of three hundred (300) feet
from the well site.
3) Sound level measurements shall be made with a sound level meter conforming, as a
minimum, to the requirements of the American National Standards Institute.
4) If sound levels exceed the dB(a) levels cited in 1) and 2) of this subsection, the Oil
and Gas Inspector may require sound reducing mufflers.
J. Tank Specifications for an Oil or Gas Well Permit.
All tanks and permanent structures shall conform to the American Petroleum Institute
(A.P.I.) specifications unless other specifications are approved by the City. The top of the
tanks shall be no higher than eight (8) feet above the terrain surrounding the tanks. All
tanks shall be set back pursuant to the standards of the Commission and the National Fire
Protection Association, but in all cases, shall be at least twenty-five (25) feet from any
public right-of-way or property line.
K. Conveyance of fuel, water, oil, gas or petroleum.
No Operator shall excavate or construct any lines for the conveyance of fuel, water, oil,
gas or petroleum liquids on, under, or through the streets, alleys or other properties
owned by the City without an easement or right-of-way license from the City, at a price
to be agreed upon, and then only in strict compliance with this section, other City
ordinances, and the specifications established by the Department of Public Works
L. All other provisions outlined in this Ordinance shall be required.
SEC. 8 ISSUANCE OF OIL OR GAS WELL PERMITS.
A. It is the responsibility of the Oil and Gas Inspector to review and approve or disapprove
based on the criteria established by this Ordinance all applications for Oil or Gas well
drilling permits for wells located more than eight hundred (800) feet from a occupied
building, (not used in operations on the drilling site) including, but not limited to
residence, religious institution, public building, hospital, school, public park, or any
business for which a building permit has been issued on the date the application for a
permit is filed with the Oil and Gas Inspector. The issuance of an Oil or Gas Well Permit
for wells located eight hundred (800) feet or less from such occupied building (not used
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in operations on the drilling site), including, but not limited to residence, religious
institution, public building, hospital, school, public park, or any business is subject to
approval by the City Council. The Oil and Gas Inspector, within thirty (30) days of the
receipt of a complete application, or after the approval by the City Council and
remittance of all fees, insurance and security per the requirements of this Ordinance for
an Oil or Gas Well Permit, shall issue an Oil or Gas Well Permit for which the drilling of
the well or the installation of the facilities have been applied.
B. The provisions of this Ordinance shall apply to any dwellings or buildings for which an
application for a building permit has been submitted on the date the application for an Oil
or Gas Well Permit is filed with the Oil and Gas Inspector.
C. If the Oil and Gas Inspector denies an Oil or Gas Well Permit application, he shall notify
the Operator in writing of such denial stating the reasons for the denial. Within thirty
(30) days of the date of the written decision of the Oil and Gas Inspector to deny the Oil
or Gas Well Permit, the Operator may: 1) cure those conditions that caused the denial
and resubmit the application to the Oil and Gas Inspector for approval and issuance of the
Oil or Gas Well Permit; or 2) file an appeal to the City Council under the provisions
outlined in this Ordinance pursuant to Sec. __________ “APPEALS” of this Ordinance.
SEC. 9 AMENDED OIL OR GAS WELL PERMITS.
A. An Operator may submit an application to the Oil and Gas Inspector to amend an existing
Oil or Gas Well Permit to commence drilling from a new drill site that is shown on (or
incorporated by reference as part of) the existing Oil or Gas Well Permit, to relocate a
drill site or operation site that is shown on (or incorporated by reference as part of) the
existing Oil or Gas Well Permit, or to otherwise amend the existing Oil or Gas Well
Permit.
B. Applications for amended Oil or Gas Well Permits shall be in writing, shall be signed by
the Operator, and shall include the following:
1) The application fee as set by city ordinance;
2) A description of the proposed amendments;
3) Any changes to the information submitted with the application for the existing Oil or
Gas Well Permit (if such information has not previously been provided to the City);
4) Such additional information as is reasonably required by the Oil and Gas Inspector
to demonstrate compliance with the applicable Oil or Gas Well Permit; and
5) Such additional information as is reasonably required by the Oil and Gas Inspector
to prevent imminent destruction of property or injury to persons.
C. All applications for amended Oil or Gas Well Permits shall be filed with the Oil and Gas
Inspector for review. Incomplete applications may be returned to the applicant, in which
case the City shall provide a written explanation of the deficiencies; however, the City
shall retain the application fee. The City may return any application as incomplete if
there is a dispute pending before the Texas Railroad Commission regarding the
determination of the Operator.
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D. If the activities proposed by the amendment are generally consistent with activities
covered by the existing Oil or Gas Well Permit, and if the proposed activities are in
conformance with the applicable Oil or Gas Well Permit, then the Oil and Gas Inspector
shall approve the amendment within ten (10) days after the application is filed.
E. If the activities proposed by the amendment are materially different from the activities
covered by the existing Oil or Gas Well Permit, the Operator shall submit a new
application. The process will then proceed through the same review and hearing
requirements outlined above for a new well.
F. The decision of the Oil and Gas Inspector to deny an amendment to an Oil or Gas Well
Permit shall be provided to the Operator in writing within ten (10) days after the decision,
including an explanation of the basis for the decision. The Operator may: 1) cure those
conditions that caused the denial and resubmit the application to the Oil and Gas
Inspector for approval and issuance of the Oil or Gas Well Permit; or 2) file an appeal to
the City Council under the provisions outlined in this Ordinance pursuant to Sec. 18
“APPEALS” of this Ordinance.
SEC. 10 SUSPENSION OR REVOCATION OF OIL OR GAS WELL PERMIT; EFFECT.
A. If an Operator (or its officers, employees, agents, contractors, or representatives) fails to
comply with any requirement of an Oil or Gas Well Permit (including any requirement
incorporated by reference as part of the Oil or Gas Well Permit), the Oil and Gas
Inspector shall give written notice to the Operator specifying the nature of the failure and
giving the Operator a reasonable time to cure, taking into consideration the nature and
extent of the failure, the extent of the efforts required to cure, and the potential impact on
the health, safety, and welfare of the community. In no event, however, shall the cure
period be less than thirty (30) days unless the failure presents a risk of imminent
destruction of property or injury to persons or unless the failure involves the Operator’s
failure to provide periodic reports as required by this Ordinance, in which case the
suspension revocation may be immediate.
B. If, the Operator fails to correct the noncompliance within thirty (30) days, or the time
given, from the date of the notice, the Oil and Gas Inspector may suspend or revoke the
Oil or Gas Well Permit pursuant to the provisions of this Ordinance.
C. No person shall carry on any operations performed under the terms of the Oil or Gas Well
Permit issued under this Ordinance during any period of any Oil or Gas Well Permit
suspension or revocation or pending a review of the decision or order of the City in
suspending or revoking the Oil or Gas Well Permit. Nothing contained herein shall be
construed to prevent the necessary, diligent and bona fide efforts to cure and remedy the
default or violation for which the suspension or revocation of the Oil or Gas Well Permit
was ordered for the safety of persons or as required by the Commission.
D. If the Operator does not cure the noncompliance within the time specified in this
Ordinance, the Oil and Gas Inspector, upon written notice to the Operator, may notify the
Commission and request that the Commission take any appropriate action.
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E. Operator may, within thirty (30) days of the date of the decision of the Oil and Gas
Inspector in writing to suspend or revoke an Oil or Gas Well Permit, file an appeal to the
City Council under the provisions outlined in this Ordinance pursuant to SEC. 18
“APPEALS” of this Ordinance.
F. If an application for an Oil or Gas Well Permit is denied by the Oil and Gas Inspector,
nothing herein contained shall prevent a new permit application from being submitted to
the Oil and Gas Inspector for the same well.
SEC. 11 PERIODIC REPORTS.
A. The Operator shall notify the Oil and Gas Inspector of any changes to the following
information within one business week after the change occurs:
1) The name, address, and phone number of the Operator;
2) The name, address, and phone number of the person designated to receive notices
from the City (which person must a resident of Texas that can be served in person or
by registered or certified mail); and
3) The Operator’s Emergency Action Response Plan (including “drive-to-maps” from
public rights-of-way to each drill site).
B. The Operator shall notify the Oil and Gas Inspector of any change to the name, address,
and 24-hour phone number of the person(s) with supervisory authority over drilling or
operations activities within one business day.
C. The Operator shall provide a copy of any “incident reports” or written complaints
submitted to the Texas Railroad Commission within thirty (30) days after the Operator
has notice of the existence of such reports or complaints.
D. Beginning on December 31st after each well is completed, and continuing on each
December 31st thereafter until the Operator notifies the Oil and Gas Inspector that the
well has been abandoned and the site restored, the Operator shall submit a written report
to the Oil and Gas Inspector identifying any changes to the information that was included
in the application for the applicable Oil or Gas Well Permit that have not been previously
reported to the City.
DIVISION V. INSURANCE, BOND AND INDEMNITY
SEC. 12 BOND, LETTERS OF CREDIT, INDEMNITY, INSURANCE.
A. General Requirements.
The Operator shall be required to:
1) Comply with the terms and conditions of this Ordinance and the Oil or Gas Well
Permit issued hereunder.
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2) Promptly clear drill and operation sites of all litter, trash, waste and other substances
used, allowed, or occurring in the operations, and after abandonment or completion
grade, level and restore such property to the same surface conditions as nearly as
possible as existed before operations.
3) Indemnify and hold harmless the City, its officers, agents, and employees from and
against any and all claims, losses, damages, causes of action, suits and liability of
every kind, including all expenses of litigation, court costs, and attorney’s fees, for
injury to or death of any person or for damage to any property arising out of or in
connection with the work done by Operator under an Oil or Gas Well Permit:
a. where such injuries, death or damages are caused by Operator’s sole
negligence or the joint negligence of Operator and any other person or entity;
and
b. regardless of whether such injuries, death or damages are caused in whole or
in part by the negligence of Operator.
4) Promptly pay all fines, penalties and other assessments imposed due to breach of any
terms of the Oil or Gas Well Permit.
5) Promptly restore to its former condition any public property damaged by the Oil or
Gas operation.
B. Bond, Irrevocable Letter of Credit.
SEC. 13 BOND, INDEMNITY, INSURANCE.
A. Bond.
1) Prior to the issuance of an Oil or Gas Well Permit the Operator shall provide the Oil
and Gas Inspector with a security instrument in the form of a bond as follows:
a. A bond shall be executed by a reliable bonding or insurance institution
authorized to do business in Texas, acceptable to the City. The bond shall
become effective on or before the date the Oil or Gas Well Permit is issued
and shall remain in force and effect for at least a period of six (6) months after
the expiration of the Oil or Gas Well Permit term or until the well is plugged
and abandoned and the site is restored, whichever occurs first. The Operator
shall be listed as principal and the instrument shall run to the City, as obligee,
and shall be conditioned that the Operator will comply with the terms and
regulations of this Ordinance and the City. The original bond shall be
submitted to the Oil and Gas Inspector with a copy of the same provided to
the City Secretary.
b. The principal amount of any security instrument shall be fifty thousand dollars
($50,000) for any single well. If, after completion of a well, the
Applicant/Operator, who initially posted a fifty thousand dollars ($50,000)
bond, has complied with all of the provisions of this Ordinance and whose
well is in the producing stage and all drilling operations have ceased, may
submit a request to the Oil and Gas Inspector to reduce the existing bond to
ten thousand dollars ($10,000) for the remainder of the time the well produces
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without reworking. During reworking operations, the amount of the bond or
letter of credit shall be maintained at fifty thousand dollars ($50,000).
An operator drilling or reworking between one and five wells at any given
time may elect to provide a blanket bond in the principal minimum amount of
one hundred fifty thousand dollars ($150,000). If the operator drills or
reworks more than five wells at a time, the blanket bond shall be increased in
increments of fifty thousand dollars ($50,000) per each additional well. Once
the wells are in the producing stage and all drilling operations have ceased, the
Operator may elect to provide a blanket bond for the remainder of the time the
well produces, without reworking, as follows:
Number of Producing Wells Blanket Bond Amount Required
Up to 75 wells $100,000
75 to 150 wells $150,000
More than 150 wells $200,000
If at any time after no less than a fifteen (15)-day written notice to the
Operator and a public hearing, the City Council shall deem any Operator's
bond or letter of credit to be insufficient, it may require the Operator to
increase the amount of the bond or letter of credit up to a maximum of two
hundred and fifty thousand dollars ($250,000) per well.
c. Whenever the Oil and Gas Inspector finds that a default has occurred in the
performance of any requirement or condition imposed by this Ordinance, a
written notice shall be given to the Operator. Such notice shall specify the
work to be done and the period of time deemed by the Oil and Gas Inspector
to be reasonably necessary for the completion of such work. After receipt of
such notice, the Operator shall provide the estimated cost and, within the time
therein specified, either cause or require the work to be performed, or failing
to do so, shall pay over to the City, one hundred twenty-five (125) percent of
the estimated cost of doing the work. In no event, however, shall the cure
period be less than thirty (30) days unless the failure presents a risk of
imminent destruction of property or injury to persons or unless the failure
involves the Operator’s failure to provide periodic reports as required by this
Ordinance. The maximum cure period shall not exceed forty-five (45) days.
The City shall be authorized to draw against any bond to recover such amount
due from the Operator. Upon receipt of such monies, the City shall proceed
by such mode as deemed convenient to cause the required work to be
performed and completed, but no liability shall be incurred other than for the
expenditure of said sum in hand. In the event that the well has not been
properly abandoned under the regulations of the Commission, such additional
money may be demanded from the Operator as is necessary to properly plug
and abandon the well and restore the drill site in conformity with the
regulations of this Ordinance.
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d. In the event the Operator does not cause the work to be performed and fails or
refuses to pay over to the City the estimated cost of the work to be done, or
the issuer of the security instrument refuses to honor any draft by the City
against the bond, the City may proceed to obtain compliance and abate the
default by way of civil action against the Operator, or by criminal action
against the Operator, or by both such methods.
e. When the well or wells covered by said bond have been properly abandoned
in conformity with all regulations of this Ordinance, and in conformity with
all regulations of the Commission and notice to that effect has been received
by the City, or upon receipt of a satisfactory substitute, the bond issued in
compliance with these regulations shall be terminated and cancelled.
B. Insurance. In addition to the bond required pursuant to this Ordinance, the Operator
shall carry a policy or policies of insurance issued by an insurance company or
companies authorized to do business in Texas. In the event such insurance policy or
policies are cancelled, the Oil or Gas Well Permit shall be suspended on such date of
cancellation and the Operator’s right to operate under such Oil or Gas Well Permit shall
immediately cease until the Operator files additional insurance as provided herein.
1) General Requirements applicable to all policies.
a. The City, its officials, employees, agents and officers shall be endorsed as an
“Additional Insured” to all policies except Employers Liability coverage under
the Operator’s Workers Compensation policy.
b. All policies shall be written on an occurrence basis except for Environmental
Pollution Liability (Seepage and Pollution coverage) and Excess or Umbrella
Liability, which may be on a claims-made basis.
c. All policies shall be written by an insurer with an A-: VIII or better rating by the
most current version of the A. M. Best Key Rating Guide or with such other
financially sound insurance carriers acceptable to the City.
d. Deductibles shall be listed on the Certificate of Insurance and shall be on a “per
occurrence” basis unless otherwise stipulated herein.
e. Certificates of Insurance shall be delivered to the city of Coppell, 255 Parkway
Boulevard, Coppell, Texas 75019, evidencing all the required coverages,
including endorsements, prior to the issuance of an Oil or Gas Well Permit.
f. All policies shall be endorsed with a waiver of subrogation providing rights of
recovery in favor of the City.
g. Any failure on the part of the City to request required insurance documentation
shall not constitute a waiver of the insurance requirement specified herein.
h. Each policy shall be endorsed to provide the City a minimum thirty (30)-day
notice of cancellation, non-renewal, and/or material change in policy terms or
coverage. A ten (10)-day notice shall be acceptable in the event of non-payment
of premium.
i. During the term of the Oil or Gas Well Permit, the Operator shall report, in a
timely manner, to the Oil and Gas Inspector any known loss occurrence which
could give rise to a liability claim or lawsuit or which could result in a property
loss.
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j. Upon request, certified copies of all insurance policies shall be furnished to the
City.
2) Standard Commercial General Liability Policy.
This coverage must include premises, operations, blowout or explosion, products,
completed operations, sudden and accidental pollution, blanket contractual liability,
underground resources damage, broad form property damage, independent
contractors protective liability and personal injury. This coverage shall be a minimum
Combined Single Limit of $1,000,000 per occurrence for Bodily Injury and Property
Damage.
3) Excess or Umbrella Liability.
$ 5,000,000 Excess, if the Operator has a stand-alone Environmental Pollution
Liability (EPL) policy.
$10,000,000 Excess, if the Operator does not have a stand-alone EPL policy.
Coverage must include an endorsement for sudden or accidental
pollution. If Seepage and Pollution coverage is written on a
“claims made” basis, the Operator must maintain continuous
coverage and purchase Extended Coverage Period Insurance when
necessary.
4) Environmental Pollution Liability Coverage.
a. Operator shall purchase and maintain in force for the duration of the Oil or Gas
Well Permit, insurance for environmental pollution liability applicable to bodily
injury, property damage, including loss of use of damaged property or of property
that has not been physically injured or destroyed; clean-up costs; and defense,
including costs and expenses incurred in the investigation, defense or settlement
of claims; all in connection with any loss arising from the insured site. Coverage
shall be maintained in an amount of at least $1,000,000 per loss, with an annual
aggregate of at least $10,000,000.
b. Coverage shall apply to sudden and accidental pollution conditions resulting from
the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals,
liquids or gases, waste material or other irritants, contaminants or pollutants.
c. The Operator shall maintain continuous coverage and shall purchase Extended
Coverage Period insurance when necessary. The Extended Coverage Period
insurance must provide that any retroactive date applicable to coverage under the
policy precedes the effective date of the issuance of the permit by the City.
5) Control of Well.
The policy should cover the cost of controlling a well that is out of control, re-drilling
or restoration expenses, seepage and pollution damage as first party recovery for the
Operator and related expenses, including, but not limited to, loss of equipment,
experts and evacuation of residents.
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$ 5,000,000 per occurrence/no aggregate, if available, otherwise an aggregate
of ten (10) million dollars.
$ 500,000 Sub-limit endorsement may be added for damage to property for
which the Operator has care, custody and control.
6) Workers Compensation and Employers Liability Insurance.
a. Workers Compensation benefits shall be Texas Statutory Limits.
b. Employer’s Liability shall be a minimum of $500,000 per accident.
c. Such coverage shall include a waiver of subrogation in favor of the City and
provide coverage in accordance with applicable State and Federal laws.
7) Automobile Liability Insurance.
a. Combined Single Limit of $1,000,000 per occurrence for Bodily Injury and
Property Damage.
b. Coverage must include all owned, hired and not-owned automobiles.
8) Certificates of Insurance.
a. The company must be admitted or approved to do business in the State of Texas,
unless the coverage is written by a Surplus Lines insurer.
b. The insurance set forth by the insurance company must be underwritten on forms
that have been approved by the Texas State Board of Insurance or ISO, or an
equivalent policy form acceptable to the City, with the exception of
Environmental Pollution Liability and Control of Well coverage.
c. Sets forth all endorsements and insurance coverage according to requirements and
instructions contained herein.
d. Shall specifically set forth the notice of cancellation, termination, or change in
coverage provisions to the City. All policies shall be endorsed to read “THIS
POLICY WILL NOT BE CANCELLED OR NON-RENEWED WITHOUT
THIRTY (30) DAYS ADVANCED WRITTEN NOTICE TO THE OWNER
AND THE CITY EXCEPT WHEN THIS POLICY IS BEING CANCELLED
FOR NONPAYMENT OF PREMIUM, IN WHICH CASE TEN (10) DAYS
ADVANCE WRITTEN NOTICE IS REQUIRED”.
e. Original endorsements affecting coverage required by this section shall be
furnished with the certificates of insurance.
C. Indemnification and Express Negligence Provisions.
Each Oil or Gas Well Permit issued by the Oil and Gas Inspector shall include the
following language: Operator does hereby expressly release and discharge all claims,
demands, actions, judgments, and executions which it ever had, or now has or may have,
or assigns may have, or claim to have, against the city of Coppell, and/or its departments,
agents, officers, servants, successors, assigns, sponsors, volunteers, or employees, created
by, or arising out of personal injuries, known or unknown, and injuries to property, real
or personal, or in any way incidental to or in connection with the performance of the
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work performed by the Operator under an Oil or Gas Well Permit. The Operator shall
fully defend, protect, indemnify, and hold harmless the city of Coppell, Texas, its
departments, agents, officers, servants, employees, successors, assigns, sponsors, or
volunteers from and against each and every claim, demand, or cause of action and any
and all liability, damages, obligations, judgments, losses, fines, penalties, costs, fees, and
expenses incurred in defense of the city of Coppell, Texas, its departments, agents,
officers, servants, or employees, including, without limitation, personal injuries and death
in connection therewith which may be made or asserted by Operator, its agents, assigns,
or any third parties on account of, arising out of, or in any way incidental to or in
connection with the performance of the work performed by the Operator under an Oil or
Gas Well Permit. The Operator agrees to indemnify and hold harmless the city of
Coppell, Texas, its departments, its officers, agents, servants, employees, successors,
assigns, sponsors, or volunteers from any liabilities or damages suffered as a result of
claims, demands, costs, or judgments against the City, its departments, its officers,
agents, servants, or employees, created by, or arising out of the acts or omissions of the
city of Coppell occurring on the drill site or operation site in the course and scope of
inspecting and permitting the Oil or Gas wells INCLUDING, BUT NOT LIMITED TO,
CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE
NEGLIGENCE OF THE CITY OF COPPELL OCCURRING ON THE DRILL SITE OR
OPERATION SITE IN THE COURSE AND SCOPE OF INSPECTING AND
PERMITTING THE OIL OR GAS WELLS. IT IS UNDERSTOOD AND AGREED
THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY
EXTENDED BY THE OPERATOR TO INDEMNIFY AND PROTECT THE CITY OF
COPPELL, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS,
SERVANTS, OR EMPLOYEES FROM THE CONSEQUENCES OF THE
NEGLIGENCE OF THE CITY OF COPPELL, TEXAS AND/OR ITS
DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER
THAT NEGLIGENCE IS THE SOLE OR CONTRIBUTING CAUSE OF THE
RESULTANT INJURY, DEATH, AND/OR DAMAGE.
D. Notice. The individual designated to receive notice shall be a resident of Texas upon
whom all orders and notices provided in this Ordinance may be served in person or by
registered or certified mail. Every Operator shall within ten (10) days notify the Oil and
Gas Inspector in writing of any change in such agent or mailing address unless operations
in the City are discontinued and abandonment is complete.
E. Acceptance and Indemnity Agreement. The Operator who has a net worth of not less
than twenty-five million dollars ($25,000,000), as shown in such Owner’s or Operator’s
most recent audited financial statements, may substitute an acceptance and indemnity
agreement in lieu of the bond and insurance requirements set forth in this Ordinance,
provided that such acceptance and indemnity agreement shall be in a form acceptable to,
and approved by, the City Attorney. The Oil and Gas Inspector may request an annual
review of the Operator’s most recent audited financial statements to assure compliance
with this section.
DIVISION VI. ON-SITE AND TECHNICAL REGULATIONS
SEC. 14 TECHNICAL REGULATIONS.
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A. On-Site Requirements.
1) Abandoned Wells. All wells shall be abandoned in accordance with the rules of
the Texas Railroad Commission; however, all well casings shall be cut and removed
to a depth of at least ten feet (10’) below the surface unless the surface owner
submits a written agreement otherwise, then three feet (3’) shall be the minimum
depth allowed. No structures shall be built over an abandoned well.
2) Blowout Prevention. In all cases, blowout prevention equipment shall be used on
all wells being drilled, worked-over or in which tubing is being changed. Protection
shall be provided to prevent blowout during oil or gas operations as required by and
in conformance with the requirements of the Commission and the recommendations
of the American Petroleum Institute. The Operator must equip all drilling wells
with adequate blowout preventors, flow lines and valves commensurate with the
working pressures involved as required by the Commission.
3) Compliance. Operator shall comply at all times with all applicable federal, state
and City requirements.
4) Discharge. No person shall place, deposit, discharge, or cause or permit to be
placed, deposited or discharged, any oil, naphtha, petroleum, asphalt, tar,
hydrocarbon substances or any refuse including wastewater or brine from any oil or
gas operation or the contents of any container used in connection with any oil or gas
operation in, into, or upon any public right-of-way, alleys, streets, lots, storm drain,
ditch or sewer, sanitary drain or any body of water or any private property in the
City.
5) Drill Stem Testing. All open hole formation or drill stem testing shall be done
during daylight hours. Drill stem tests may be conducted only if the well effluent
during the test is produced through an adequate gas separator to storage tanks and
the effluent remaining in the drill pipe at the time the tool is closed is flushed to the
surface by circulating drilling fluid down the annulus and up the drill pipe.
6) Dust, Vibration, Odors. All drilling and production operations shall be conducted
in such a manner as to minimize, so far as practicable, dust, vibration, or noxious
odors, and shall be in accordance with the best accepted practices incident to
drilling for the production of oil, gas and other hydrocarbon substances in urban
areas. All equipment used shall be so constructed and operated so that vibrations,
dust, odor or other harmful or annoying substances or effect will be minimized by
the operations carried on at any drilling or production site or from anything incident
thereto, to the injury or annoyance of persons living in the vicinity; nor shall the site
or structures thereon be permitted to become dilapidated, unsightly or unsafe.
Proven technological improvements in industry standards of drilling and production
in this area shall be adopted as they become available if capable of reducing factors
of dust, vibration and odor.
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7) Electric Lines. All electric lines to production facilities shall be located in a
manner compatible to those already installed in the surrounding area; however, all
lines crossing and public right-of-way shall be placed underground.
8) Electric Motors. Only electric prime movers or motors shall be permitted for the
purpose of pumping wells. No electric power shall be generated on location except
for thermal electric generators. All electrical installations and equipment shall
conform to the City ordinances and the appropriate national codes.
9) Emergency Response Plan. Prior to the commencement of any oil, gas or other
hydrocarbons production activities, Operator shall submit to the Oil and Gas
Inspector an emergency response plan establishing written procedures to minimize
any hazard resulting from drilling, completion or producing of oil or gas wells.
Said plan shall use existing guidelines established by the Commission, Texas
Commission on Environmental Quality, Department of Transportation and/or the
Environmental Protection Agency.
10) Equipment Painted. All production equipment on the site shall be painted and
maintained at all times, including pumping units, storage tanks, buildings and
structures.
11) Fire Prevention; Sources of Ignition. Fire fighting apparatus and supplies as
approved by the Fire Department and required by any applicable federal, state, or
local law shall be provided by the Operator, at the Operator’s cost, and shall be
maintained on the drilling site at all times during drilling and production operations.
The Operator shall be responsible for the maintenance and upkeep of such
equipment. Each well shall be equipped with an automated valve that closes the
well in the event of an abnormal change in operating pressure. All well heads shall
contain an emergency shut-off valve to the well distribution line.
12) Fresh Water Wells. It shall be unlawful to drill any oil or gas well, the center of
which, at the surface of the ground, is located within two hundred (200) feet to any
fresh water well, except for fresh water wells used solely for operation of the oil or
gas well operation. The measurement shall be in a direct line from the closest well
bore to the fresh water well bore. The operator of an oil or gas Well shall provide
the Oil and Gas Inspector with a “pre-drilling” and “post-drilling” water analysis
from any fresh water well within eight hundred (800) feet of the oil or gas well.
Within one hundred eighty (180) days of its completion date, each oil or gas well
shall be equipped with a cathodic protection system to protect the production casing
from external corrosion. The Oil and Gas Inspector may approve an alternative
method of protecting the production casing from external corrosion.
13) Oil or Gas Emission or Burning Restricted. No person shall allow, cause or
permit gases to be vented into the atmosphere or to be burned by open flame except
as provided by law or as permitted by the Commission. If the venting of gases into
the atmosphere or the burning of gases by open flame is authorized as provided by
law or as permitted by the Commission, then such vent or open flame shall not be
located closer than three hundred (300) feet from any building not used in
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operations on the drilling site and such vent or open flame shall be screened in such
a way as to minimize detrimental effects to adjacent property owners.
14) Grass, Weeds, Trash. All drill and operation sites shall be kept clear of high grass,
weeds and combustible trash.
15) Hazardous Plan. Hazardous Materials Management Plan shall be on file with the
Fire Marshal and the Oil and Gas Inspector.
16) Lights. No person shall permit any lights located on any drill or operation site to be
directed in such a manner so that they shine directly on public roads, adjacent
property or property in the general vicinity of the operation site. To the extent
practicable, and taking into account safety considerations, site lighting shall be
directed downward and internally so as to avoid glare on public roads and adjacent
dwellings and buildings within three hundred ( 300) feet, and shall be in
compliance with Article 36. Glare And Lighting Standards of the Coppell Code of
Ordinances.
17) Muffling Exhaust. Exhaust from any internal combustion engine, stationary or
mounted on wheels, used in connection with the drilling of any well or for use on
any production equipment shall not be discharged into the open air unless it is
equipped with an exhaust muffler, or mufflers or an exhaust muffler box
constructed of noncombustible materials sufficient to suppress noise and prevent
the escape of obnoxious gases, fumes or ignited carbon or soot. All formation
fracturing operations shall be conducted during daylight hours unless the Operator
has notified the Oil and Gas Inspector that fracing will occur before or after
daylight hours to meet safety requirements.
18) Pits. Lined earthen mud or circulating pits shall be used. Such pits and contents
shall be removed from the premises and the drilling site within sixty (60) days after
completion of the well. Reserve pits are prohibited and everything shall be placed in
steel tanks surrounded by a berm. Only freshwater-based mud systems shall be
permitted. Saltwater-based mud systems and oil-based mud systems are prohibited.
19) Private Roads and Drill Sites. Prior to the commencement of any drilling
operations, all private roads used for access to the drill site and the operation site
itself shall be at least ten (10) feet wide, have an overhead clearance of fourteen
(14) feet and shall be surfaced with crushed rock, gravel or ore and maintained to
prevent dust and mud. In particular cases these requirements governing surfacing of
private roads may be altered at the discretion of the Oil and Gas Inspector after
consideration of all circumstances including, but not limited to, the following:
distances from public streets and highways; distances from adjoining and nearby
property owners whose surface rights are not leased by the operation; the purpose
for which the property of such owners is or may be used; topographical features;
nature of the soil; and exposure to wind.
20) Salt Water Wells. No salt water disposal wells shall be located within the city of
Coppell.
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21) Signs.
a. A sign shall be immediately and prominently displayed adjacent to the public
right-of-way at the gate on the temporary and permanent site fencing erected
pursuant to Sec. _____of this Ordinance. Such sign shall be durable material,
maintained in good condition and, unless otherwise required by the
Commission, shall have a surface area of not less than two (2) square feet nor
more than four (4) square feet and shall be lettered with the following:
1) Well name and number;
2) Name of Operator;
3) The emergency 911 number; and
4) Telephone numbers of two (2) persons responsible for the well who may
be contacted in case of emergency.
b. Permanent weatherproof signs reading “DANGER NO SMOKING
ALLOWED” shall be posted immediately upon completion of the well site
fencing at the entrance of each well site and tank battery or in any other
location approved or designated by the Fire Marshal of the City. Sign lettering
shall be four (4) inches in height and shall be red on a white background or
white on a red background. Each sign shall include the emergency notification
numbers of the Fire Department and the Operator, well and lease designations
required by the Commission.
22) Storage of Equipment. On-site storage is prohibited on the operation site. No
equipment shall be stored on the drilling or production operation site, unless it is
necessary to the everyday operation of the well. Lumber, pipes, tubing and casing
shall not be left on the operation site except when drilling or well servicing
operations are being conducted on the site.
No vehicle or item of machinery shall be parked or stored on any street, right-of-
way or in any driveway, alley or upon any operation site which constitutes a fire
hazard or an obstruction to or interference with fighting or controlling fires except
that equipment which is necessary for drilling or production operations on the site.
The Fire Department shall be the entity that determines whether an equipment on
the site shall constitute a fire hazard. No refinery, processing, treating, dehydrating
or absorption plant of any kind shall be constructed, established or maintained on
the premises. This shall not be deemed to exclude a conventional gas separator or
dehydrator.
23) Storage Tanks. All tanks and permanent structures shall conform to the American
Petroleum Institute (A.P.I.) specifications unless other specifications are approved
by the City. All storage tanks shall be equipped with a secondary containment
system including lining with an impervious material. The secondary containment
system shall be a minimum of three feet (3’) in height and one and one-half (1½)
times the contents of the largest tank in accordance with the Fire Code, and buried
at least one foot (1’) below the surface. Drip pots shall be provided at the pump out
connection to contain the liquids from the storage tank.
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All tanks shall be set back pursuant to the standards of the Commission and the
National Fire Protection Association, but in all cases, shall be at least twenty-five
(25) feet from any public right-of-way or property line. Each storage tank shall be
equipped with a level control device that will automatically activate a valve to close
the well in the event of excess liquid accumulation in the tank.
No meters, storage tanks, separation facilities, or other aboveground facilities, other
than the well head and flow lines, shall be placed in a floodway. Such facilities
may be placed within the 100-year floodplain
Tanks must be at least three hundred (300) feet from any residence, religious
institution, public building, hospital building, school, or combustible structure.
24) Tank Battery Facilities. Tank battery facilities shall be equipped with a
remote foam line and a lightning arrestor system.
25) Surface Casing. Surface casing shall be run and set in full compliance with the
applicable rules and regulations of the Commission.
26) Valves. Each well must have a shut-off valve to terminate the well’s production.
The Fire Department shall have access to the well site to enable it to close the shut-
off valve in an emergency.
27) Waste Disposal. Unless otherwise directed by the Commission, all tanks used for
storage shall conform to the following:
a. Operator must use portable closed steel storage tanks for storing liquid
hydrocarbons. Tanks must meet the American Petroleum Institute standards.
All tanks must have a vent line, flame arrester and pressure relief valve. All
tanks must be enclosed by a fence applicable to the issued permit classification.
No tank battery shall be within three hundred (300) feet of any occupied
building (not used in operations on the drilling site), including, but not limited
to residence, religious institution, public building, hospital, school, public park,
or any business or other combustible structure.
b. Drilling mud, cuttings, liquid hydrocarbons and all other field waste derived or
resulting from or connected with the drilling, re-working or deepening of any
well shall be discharged into a lined earthen pit. All disposals must be in
accordance with the rules of the Commission and any other appropriate local,
state or federal agency.
c. Unless otherwise directed by the Commission, waste materials shall be removed
from the site and transported to an off-site disposal facility not less often than
every thirty (30) days. Water stored in on-site tanks shall be removed as
necessary.
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d. All waste shall be disposed of in such a manner as to comply with the air and
water pollution control regulations of the state, this Ordinance and any other
applicable ordinance of the City.
28) Watchman. The Operator must keep a qualified personnel on site at all times
during the drilling or re-working of a well. .
B. Well Setbacks.
Except as otherwise provided, it shall be unlawful to drill any well, the center of which,
at the surface of the ground, is located:
1) Within twenty-five (25) feet from any outer boundary line; or
2) Within twenty-five (25) feet from any storage tank, or source of ignition; or
3) Within seventy-five (75) feet of any public street, road, highway or future street,
right-of-way or property line; or
4) Within three hundred (300) feet from any occupied building (not used in operations
on the drilling site), including, but not limited to residence, religious institution,
public building, hospital, school, public park, or any business.
5) Within one hundred (100) feet of any building accessory to, but not necessary to the
operation of the well; or
6) Within two hundred (200) feet to any fresh water well. The measurement shall be
in a direct line from the closest well bore to the fresh water well bore.
The distance shall be calculated from the well bore, in a straight line, without regard to
intervening structures or objects, to the closest exterior point of any object listed in 1)
through 6) above.
The distances set out in subsection 1), 3), 4), or 6) of this section may be reduced at the
discretion of the City Council, but never less than two hundred (200) feet from any
dwelling or any other building used, or designed and intended to be used, for human
occupancy without the unanimous consent of the property owners within a two hundred
(200) foot radius around said well and the affirmative vote of not less than three-fourths
of all the members of the City Council. For protection of the public health, safety and
welfare, the City Council may impose additional requirements for a reduction of such
distance. The reduction of the distance requirement for fresh water wells is subject to the
Texas Railroad Commission regulations and any other state or federal requirements.
C. Installation of Pipelines On, Under or Across Public Property.
The Operator shall apply to the City for a franchise agreement on, over, under, along or
across the City streets, sidewalks, alleys and other City property for the purpose of
constructing, laying, maintaining, operating, repairing, replacing and removing pipelines
so long as production or operations may be continued under any Oil or Gas Well Permit
issued pursuant to this Ordinance. Operator shall:
1) Not interfere with or damage existing water, sewer or gas lines or the facilities of
public utilities located on, under or across the course of such rights-of way.
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2) Furnish to the Oil and Gas Inspector of the City a plat showing the location of such
pipelines.
3) Construct such lines out of pipe in accordance with the City codes and regulations
properly cased and vented if under a street, all crossings of City streets will be by
“dry bore” method only;
4) Grade, level and restore such property to the same surface condition, as nearly as
practicable, as existed when operations for the drilling of the well were first
commenced.
No Oil or Gas Well Permit shall be issued for any well to be drilled within any of the
streets or alleys of the City and/or projected streets or alleys shown by the current
comprehensive plan of the City, and no street or alley shall be blocked or encumbered or
closed due to any exploration, drilling or production operations unless prior consent is
obtained from the Oil and Gas Inspector. Any consent from the Oil and Gas Inspector
shall be temporary in nature and state the number of hours and/or days that any street or
alley may be blocked, encumbered or closed.
SEC. 15 CLEAN-UP AND MAINTENANCE.
A. Clean-up After Well Servicing. After the well has been completed or plugged and
abandoned, the Operator shall clean the drill site or operation site, complete restoration
activities and repair all damage to public property caused by such operations within sixty
(60) days.
B. Clean-up After Spills, Leaks and Malfunctions. After any spill, leak or malfunction,
the Operator shall remove or cause to be removed to the satisfaction of the Oil and Gas
Inspector all waste materials from any public or private property affected by such spill,
leak or malfunction. Clean-up operations must begin immediately. If the owner fails to
begin site clean-up within twenty-four (24) hours, the City shall have the right to contact
the Commission in order to facilitate the removal of all waste materials from the property
affected by such spill, leak or malfunction.
C. Free From Debris. The property on which a well site is located shall at all times be kept
free of debris, pools of water or other liquids, contaminated soil, weeds, brush, trash or
other waste material within a radius of one hundred (100) feet around any separators,
tanks and producing wells.
D. Painting. All production equipment shall be painted and maintained at all times,
including wellheads, pumping units, tanks, and buildings or structures. When requiring
painting of such facilities, the Oil and Gas Inspector shall consider the deterioration of
the quality of the material of which such facility or structure is constructed, the degree of
rust, and its appearance. Paint shall be of a neutral color, compatible with surrounding
uses. Neutral colors shall include sand, gray and unobtrusive shades of green, blue and
brown, or other neutral colors approved by the Oil and Gas Inspector.
E. Blowouts. In the event of the loss of control of any well, Operator shall immediately
take all reasonable steps to regain control regardless of any other provision of this
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Ordinance and shall notify the Oil and Gas Inspector as soon as practicable. The Oil and
Gas Inspector shall certify in writing, briefly describing the same, to the City Manager. If
the Oil and Gas Inspector, in his opinion, believes that danger to persons and property
exists because of such loss of well control and that the Operator is not taking or is unable
to take all reasonable and necessary steps to regain control of such well, the Oil and Gas
Inspector may then employ any well control expert or experts or other contractors or
suppliers of special services, or may incur any other expenses for labor and material
which the Oil and Gas Inspector deems necessary to regain control of such well. The
City shall then have a valid lien against the interest in the well of all working interest
owners to secure payment of any expenditure made by the City pursuant to such action of
the Oil and Gas Inspector in gaining control of said well.
SEC. 16 PLUGGED AND ABANDONED WELLS.
A. Surface requirements for plugged and abandoned well. Whenever abandonment
occurs pursuant to the requirements of the Commission, the Operator so abandoning shall
be responsible for the restoration of the well site to its original condition as nearly as
practicable, in conformity with the regulations of this Ordinance.
B. Abandonment Approval. Abandonment shall be approved by the Oil and Gas Inspector
after restoration of the drill site has been accomplished in conformity with the following
requirements at the discretion of the Oil and Gas Inspector:
1) The derrick and all appurtenant equipment thereto shall be removed from drill site;
2) All tanks, towers, and other surface installations shall be removed from the drill site;
3) All concrete foundations, piping, wood, guy anchors and other foreign materials
regardless of depth, except surface casing, shall be removed from the site, unless
otherwise directed by the Commission;
4) All holes and depressions shall be filled with clean, compactable soil;
5) All waste, refuse or waste material shall be removed from the drill site; and
6) During abandonment, Operator shall comply with all applicable sections in this
Ordinance.
C. Abandoned Well Requirement. The Operator shall furnish the following at the
discretion of the Oil and Gas Inspector:
1) A copy of the approval of the Commission confirming compliance with all
abandonment proceedings under the state law; and
2) A notice of intention to abandon under the provisions of this section and stating the
date such work will be commenced. Abandonment may then be commenced on or
subsequent to the date so stated.
D. Abandonment Requirements Prior to New Construction. All abandoned or deserted
wells or drill sites shall meet the most current abandonment requirements of the
Commission prior to the issuance of any building permit for development of the property.
No structure shall be built over an abandoned well.
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DIVISION VII. TECHNICAL ADVISOR.
SEC. 17 OIL OR GAS INSPECTOR / TECHNICAL ADVISOR.
The City may from time to time employ a technical advisor or advisors who are experienced and
educated in the oil or gas industry or the law as it pertains to oil or gas matters. The function of
such advisor(s) shall be to advise, counsel or represent the City on such matters relating to oil or
gas operations within the City as the City may want or require and the effect thereof, both
present and future, on the health, welfare, comfort and safety of the citizens of the City. In the
event such Technical Advisor(s) is employed for the purpose of advising, counseling or
representing the City relative to an Operator's unique and particular set of circumstances, case or
request relating to this Ordinance, then the cost for such services of such technical advisor(s)
shall be assessed against and paid for by such Operator in addition to any fees or charges
assessed pursuant to this Ordinance. Prior to the employment of a Technical Advisor, the City
shall inform the Operator of the intended scope of work and the estimated costs and expenses.
The employment of a Technical Advisor shall be approved by the City Council.
DIVISION VIII. APPEALS
SEC. 18 APPEALS.
A. The City Council shall have and exercise the power to hear and determine appeals where
it is alleged there is error or abuse of discretion regarding the issuance of an Oil or Gas
Well Permit or the revocation or suspension of any Oil or Gas Well Permit issued
hereunder as provided by this Ordinance. Any person or entity whose application is
denied by the Oil and Gas Inspector or whose Oil or Gas Well Permit is suspended or
revoked or whose well or equipment is deemed by the Oil and Gas Inspector to be
abandoned may, within thirty (30) days of the date of the written decision of the Oil and
Gas Inspector file an appeal to the City Council in accordance with the following
procedure:
1) An appeal shall be in writing and shall be filed in triplicate with the City Secretary.
The grounds for appeal must be set forth specifically, and the error described, by the
appellant.
2) Within forty-five (45) days of receipt of the records, the City Secretary shall transmit
all papers involved in the proceeding, place the matter on the City Council agenda for
hearing and give notice by mail of the time, place and purpose thereof to appellant
and any other party who has requested in writing to be so notified. No other notice
need be given.
B. Appeal fees shall be required for every appeal in the amount of three hundred ($300)
dollars.
DIVISION IX. PENALTY
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SEC. 19 PENALTY.
A. It shall be unlawful and an offense for any person to do the following:
1) Engage in any activity not permitted by the terms of a Oil or Gas Well Permit issued
under this Ordinance.
2) Fail to comply with any condition set forth in a Oil or Gas Well Permit issued under
this Ordinance;
3) Violate any provision or requirement set forth under this Ordinance; or
4) .Bring alcohol, controlled substances or firearms onto the drilling site at any time.
B. Any violation of this Ordinance shall be punished by a fine of not more than tow
thousand dollars ($2,000.00) per day, subject to applicable state law. Each day that a
violation exists shall constitute a separate offense.
SECTION 2.
That this Ordinance shall be cumulative of all other ordinances of the city of Coppell and
shall not repeal any of the provisions of such ordinances, except in those instances where
provisions of such ordinances are in direct conflict with the provisions of this Ordinance.
SECTION 3.
That all rights or remedies of the city of Coppell, Texas, are expressly saved as to any
and all violations of the City Code, or any amendments thereto that have accrued at the time of
the effective date of this ordinance; and as to such accrued violations, and all pending litigation,
both civil or criminal, same shall not be affected by this ordinance but may be prosecuted until
final disposition by the courts.
SECTION 4.
That it is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase,
clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
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voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation herein of any such void, ineffective or
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 5.
That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than two thousand dollars ($2000.00) for each offense. Each day that a violation
exists shall constitute a separate offense.
SECTION 6.
That the City Secretary of the city of Coppell, Texas is hereby directed to publish this
ordinance for two (2) days in the official newspaper of the city of Coppell, Texas, as authorized by
V.T.C.A. Local Government Code Subsection 52.013.
SECTION 7.
This ordinance shall take effect on __________________________.
ATTEST: CITY OF COPPELL
_____________________________ By: __________________________
Libby Ball Jim Witt
City Secretary City Manager
APPROVED AS TO FORM
AND LEGALITY:
By: ___________________________ ____________________________
Operator
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STATE OF TEXAS §
COUNTY OF DALLAS §
Before me, the undersigned notary public, on this day personally appeared Jim Witt, the
City Manager of the city of Coppell, Texas, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he/she executed the
instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this ____ day of ________________, 20___.
_____________________________________
Notary Public
STATE OF ___________ §
COUNTYOF __________ §
Before me, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared ___________________________________, known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me that the
same was the act of _________________________________ (the corporation) and that he
executed the same as the act of said ___________________________________ (corporation) for
the purposes and consideration therein expressed and in the capacity therein stated.
Given under my hand and seal of office this ____ day of ________________, 20___.
_____________________________________
Notary Public
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ROAD REPAIR AGREEMENT
BETWEEN
THE CITY OF COPPELL
AND
_________________________
This Road Repair Agreement, (Agreement), is made and entered into on this the ____ day
of __________, 2007, by and between the city of Coppell, Texas, a home rule municipal
corporation of the State of Texas, located within Dallas County, Texas (Hereinafter referred to as
the “City”) and ___________________________________ (“Operator”) for the repair of certain
streets and/or roadways within the City, as more fully described herein.
WHEREAS, Operator is in the business of drilling gas wells and, in connection therewith,
shall be engaged in drilling and production activities on property known generally as
___________________________________________, which abuts, is adjacent to, and/or is
accessed by roadways within the City; and
WHEREAS, use of the roadways by the Operator for the purpose of performing the
activities described hereinabove may cause damage to the roadways; and
WHEREAS, the City and Operator, for the mutual consideration hereinafter stated, desire to
enter into this Agreement for Operator to repair said roadways for the duration of the term of this
Agreement in consideration of Operator’s use of said roadways for the purpose of the activities
described hereinabove;
IT IS NOW THEREFORE AGREED THAT:
ARTICLE 1.
REPAIR OBLIGATION
1. Operator shall repair damages caused by Operator or its contractors, subcontractors,
employees, and agents, excluding ordinary wear and tear, if any, to roadways that are used to
access the above-described property being used by Operator for the drilling and production of gas
wells pursuant to an Oil or Gas Well Permit issued to Operator. The repair obligation shall
continue even if the Oil or Gas Well Permit is amended to allow for the drilling of additional gas
wells. This obligation shall continue during the term of this Agreement, and Operator shall, prior
to the termination of this Agreement, as provided herein, repair such damages to such roadways,
excluding ordinary wear and tear, if any, to the condition in which such roadways existed prior to
the execution of this Agreement. Operator shall make videotape of such roadways prior to the start
of Operator drilling and operation of its gas wells and shall provide a copy of the videotape to the
Director of Engineering and Public Works. Operator shall notify the Director of Engineering and
Public Works when drilling or fracing operations are complete so that the Director of Engineering
and Public Works can determine if repairs are required.
2. In connection with its obligation to repair said roadways, Operator shall use
materials of the same or better quality than those utilized to surface and/or repair the roadways
prior to execution of this Agreement and in accordance with the current standards specifications of
DRAFT – FOR REVIEW AND DISCUSSION
Page 2
the City. Deviation from the materials described herein shall not be permitted without the prior
written consent of the Director of Engineering and Public Works. Repairs shall be completed in
accordance with standard engineering practices acceptable to the City.
3. Operator shall repair the damage to the roadways at its sole cost and expense.
4. During the term of this Agreement, Operator and the Director of Engineering and
Public Works shall periodically inspect the roadways during drilling, fracture stimulation or re-
working of the gas well to determine whether or not any damage has occurred as a result of
Operator’s activities. Immediately upon discovering the existence of any such damage to the
roadways, Operator shall undertake to repair and/or remedy same. Upon discovery of damage by
the Operator, the Operator will have forty-eight (48) hours to contact the Director of Engineering
and Public Works to work out a schedule of repairs. Repairs shall take place within thirty (30) days
or immediately if the damage affects the immediate health and safety of individuals.
ARTICLE 2.
TERM OF AGREEMENT
This Agreement shall commence upon the date indicated above and shall continue in full
force and effect until Operator has completed and/or permanently discontinued the activities upon
the roadways, as described hereinabove.
ARTICLE 3.
INSURANCE AND INDEMNITY
The Operator shall provide or cause to be provided the insurance described below for
each well unless an Oil or Gas Well Permit has been issued wherein such insurance has been
provided for the issuance of the Oil or Gas Well Permit under the terms and conditions described in
the Coppell “Gas Drilling and Production” Ordinance and such insurance to continue until the well
is abandoned and the site restored.
In addition to the bond or letter of credit required pursuant to this Agreement and the
Coppell “Gas Drilling and Production” Ordinance, the Operator shall carry a policy or policies of
insurance issued by an insurance company or companies authorized to do business in Texas. In the
event such insurance policy or policies are cancelled, the Oil or Gas Well Permit shall be
suspended on such date of cancellation and the Operator’s right to operate under such Oil or Gas
Well Permit shall immediately cease until the Operator files additional insurance as provided
herein.
1. General Requirements applicable to all policies.
a. The City, its officials, employees, agents and officers shall be endorsed as an
“Additional Insured” to all policies except Employers Liability coverage under the
Operator’s Workers Compensation policy.
b. All policies shall be written on an occurrence basis except for Environmental
Pollution Liability (Seepage and Pollution coverage) and Excess or Umbrella
Liability, which may be on a claims-made basis.
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Page 3
c. All policies shall be written by an insurer with an A-: VIII or better rating by the most
current version of the A. M. Best Key Rating Guide or with such other financially
sound insurance carriers acceptable to the City.
d. Deductibles shall be listed on the Certificate of Insurance and shall be on a “per
occurrence” basis unless otherwise stipulated herein.
e. Certificates of Insurance shall be delivered to the city of Coppell, Engineering
Department, 255 Parkway Blvd, Coppell, Texas 75019 evidencing all the required
coverages, including endorsements, prior to the issuance of an Oil or Gas Well
Permit.
f. All policies shall be endorsed with a waiver of subrogation providing rights of
recovery in favor of the City.
g. Any failure on the part of the City to request required insurance documentation shall
not constitute a waiver of the insurance requirement specified herein.
h. Each policy shall be endorsed to provide the City a minimum thirty (30)-day notice of
cancellation, non-renewal, and/or material change in policy terms or coverage. A ten
(10)-day notice shall be acceptable in the event of non-payment of premium.
i. During the term of the Oil or Gas Well Permit, the Operator shall report, in a timely
manner, to the Gas Inspector any known loss occurrence which could give rise to a
liability claim or lawsuit or which could result in a property loss.
j. Upon request, certified copies of all insurance policies shall be furnished to the City.
2.Standard Commercial General Liability Policy.
This coverage must include premises, operations, blowout or explosion, products,
completed operations, sudden and accidental pollution, blanket contractual liability,
underground resources damage, broad form property damage, independent contractors
protective liability and personal injury. This coverage shall be a minimum Combined Single
Limit of $1,000,000 per occurrence for Bodily Injury and Property Damage.
3.Excess or Umbrella Liability
$ 5,000,000 Excess, if the Operator has a stand-alone Environmental Pollution
Liability (EPL) policy.
$10,000,000 Excess, if the Operator does not have a stand-alone EPL policy.
Coverage must include an endorsement for sudden or accidental
pollution. If Seepage and Pollution coverage is written on a “claims
made” basis, the Operator must maintain continuous coverage and
purchase Extended Coverage Period Insurance when necessary.
4.Workers Compensation and Employers Liability Insurance
a. Workers Compensation benefits shall be Texas Statutory Limits.
b. Employers Liability shall be a minimum of $500,000 per accident.
c. Such coverage shall include a waiver of subrogation in favor of the City and provide
coverage in accordance with applicable state and federal laws.
5.Automobile Liability Insurance
a. Combined Single Limit of $1,000,000 per occurrence for Bodily Injury and Property
Damage.
b. Coverage must include all owned, hired and not-owned automobiles.
DRAFT – FOR REVIEW AND DISCUSSION
Page 4
6.Certificates of Insurance
a. The company must be admitted or approved to do business in the State of Texas,
unless the coverage is written by a Surplus Lines insurer.
b. The insurance set forth by the insurance company must be underwritten on forms
that have been approved by the Texas State Board of Insurance or ISO, or an
equivalent policy form acceptable to the City.
c. Sets forth all endorsements and insurance coverage according to requirements and
instructions contained herein.
d. Shall specifically set forth the notice of cancellation, termination, or change in
coverage provisions to the City. All policies shall be endorsed to read “THIS
POLICY WILL NOT BE CANCELLED OR NON-RENEWED WITHOUT
THIRTY (30) DAYS ADVANCED WRITTEN NOTICE TO THE OWNER AND
THE CITY EXCEPT WHEN THIS POLICY IS BEING CANCELLED FOR
NONPAYMENT OF PREMIUM, IN WHICH CASE TEN (10) DAYS ADVANCE
WRITTEN NOTICE IS REQUIRED”.
e. Original endorsements affecting coverage required by this section shall be furnished
with the certificates of insurance.
7. The cancellation of any insurance for the sole purpose of the repair of roadways will not
release the obligation of the Operator to meet all requirements of insurance and bonding
under the Coppell “Gas Drilling and Production” Ordinance.
8. Operator shall and hereby does indemnify, defend and save harmless the City, its officers,
agents and employees from all suits, actions or claims of any character, name and
description brought for or on account of any injuries or damages received as sustained by
any person, persons or property on account of the operations of the Operator, its agents,
employees, contractors or subcontractors; or on account of any negligent act of fault of the
Operator, its agents, employees, contractors or subcontractors in connection with the
obligations under this Road Repair Agreement; and shall pay any judgment, with costs,
which may be obtained against the City growing out of such injury or damage.
ARTICLE 4.
PERFORMANCE BONDS
1. Operator shall provide a performance bond, unless a performance bond has been
provided for the issuance of an Oil or Gas Well Permit under the terms and conditions described
in Coppell “Gas Drilling and Production” Ordinance, in an amount not less than the amount
necessary to repair the roadways, as determined by the Director of Engineering and Public Works.
2. Prior to the beginning of any activity pursuant to the issuance of an Oil or Gas Well
Permit, unless a performance bond has been provided for the issuance of an Oil or Gas Well
Permit under the terms and conditions described in the Coppell “Gas Drilling and Production”
Ordinance, Operator shall provide the Gas Inspector with a security instrument in the form of a
bond or an irrevocable letter of credit as follows:
a. Bond. A bond shall be executed by a reliable bonding or insurance institution
authorized to do business in Texas, acceptable to the City. The bond shall become effective
DRAFT – FOR REVIEW AND DISCUSSION
Page 5
on or before the date the Oil or Gas Well Permit is issued and shall remain in force and
effect for at least a period of six (6) months after the expiration of the Oil or Gas Well
Permit term or until the well is plugged and abandoned and the site is restored, whichever
occurs first. The Operator shall be listed as principal and the instrument shall run to the
City, as obligee, and shall be conditioned that the Operator will comply with the terms and
regulations of this Ordinance and the City. The original bond shall be submitted to the
Director of Engineering and Public Works with a copy of the same provided to the City
Secretary and the Oil and Gas Inspector/Technical Advisor.
b. Letter of Credit. A letter of credit shall be issued by a reliable bank authorized to do
business in Texas and shall become effective on or before the date the Oil or Gas Well
Permit is issued. The letter of credit shall remain in force and effect for at least a period of
six (6) months after the expiration of the Oil or Gas Well Permit term. The City shall be
authorized to draw upon such letter of credit to recover any fines or penalties assessed under
this ordinance. Evidence of the execution of a letter of credit shall be submitted to the
Director of Engineering and Public Works submitting an original signed letter of credit
from the banking institution, with a copy of the same provided to the City Secretary and the
Oil and Gas Inspector/Technical Advisor. If the Letter of Credit is for a time period less
than the life of the well as required by, ____________ agrees to either renew the Letter of
Credit or replace the Letter of Credit with a bond in the amount required by the city of
Coppell Ordinance _______, on or before 45 days prior to the expiration date of the Letter
of Credit. If ____________ fails to deliver to the city of Coppell either the renewal Letter
of Credit or replacement bond in the appropriate amount on or before forty-five (45) days
prior to the expiration date of the Letter of Credit, the city of Coppell may draw the entire
face amount of the attached Letter of Credit to be held by the city of Coppell as security for
______________'s performance of its obligations under Ordinance _______________.
c. Whenever the Oil and Gas Inspector/Technical Advisor or the Director of
Engineering and Public Works Department finds that a default has occurred in the
performance of any requirement or condition imposed by this Agreement, a written notice
shall be given to Operator. Such notice shall specify the work to be done, the estimated cost
and the period of time deemed by the Oil and Gas Inspector/Technical Advisor or the
Director of Engineering and Public Works Department to be reasonably necessary for the
completion of such work. After receipt of such notice, the Operator shall, within the time
therein specified, either cause or require the work to be performed, or failing to do so, shall
pay over to the City one hundred twenty-five percent (125%) of the estimated cost of doing
the work as set forth in the notice.
d. The City shall be authorized to draw against any irrevocable letter of credit or bond
to recover such amount due from Operator. Upon receipt of such monies, the City shall
proceed by such mode as deemed convenient to cause the required work to be performed
and completed, but no liability shall be incurred other than for the expenditure of said sum
in hand..
e. In the event Operator does not cause the work to be performed and fails or refuses to
pay over to the City the estimated cost of the work to be done as set forth in the notice, or
the issuer of the security instrument refuses to honor any draft by the City against the
applicable irrevocable letter of credit or bond, the City may proceed to obtain compliance
DRAFT – FOR REVIEW AND DISCUSSION
Page 6
and abate the default by way of civil action against Operator, or by criminal action against
the Operator, or by both such methods.
f. The cancellation of any bond or letter of credit for the sole purpose of the repair of
roadways will not release the obligation of the Operator to meet all requirements of
insurance and bonding under the Coppell “Gas Drilling and Production” Ordinance. Any
bond required by the Coppell “Gas Drilling and Production” Ordinance shall stay in full
force and effect until the terms and conditions set out in the Ordinance are met.
3. If the cost of completing the repair is an amount of fifteen thousand dollars
($15,000) or less, as determined by the Director of Engineering and Public Works, cash in the
amount necessary to complete the repairs, as determined by the Director of Engineering and Public
Works, may be deposited with a bank or escrow agent pursuant to an escrow agreement acceptable
and approved by the City ensuring completion of the repair.
ARTICLE 5
MISCELLANEOUS PROVISIONS
1. Operator understands and agrees that Operator, its employees, servants, agents, and
representatives shall at no time represent themselves to be employees, servants, agents, and/or
representatives of the City. The City shall not have any control over the means or methods by
which Operator shall perform its obligations hereunder. Operator shall furnish all equipment and
materials necessary to perform hereunder and shall at all times be acting as an independent
Operator.
2. By entering into this Agreement, the City does not waive, nor shall it be deemed to
waive, any immunity or defense that would otherwise be available to it against claims arising by
third parties.
3. This Agreement represents the entire agreement between Operator and City for
repair of roadways and supersedes all prior negotiations, representations, and/or agreements, either
written or oral. This Agreement may be amended only by written instrument signed by the
governing body of the City or those authorized to sign on behalf of the City’s governing body.
ARTICLE 6.
FORCE MAJEURE
Events of Force Majeure shall mean any contingency or cause beyond the reasonable
control of a party including, without limitation, acts of God or the public enemy, war, riot, civil
commotion, insurrection, government or de facto government action (unless caused by acts or
omissions of the party), fires, explosions, rain or other weather delays, floods, strikes, slowdowns
or work stoppages.
ARTICLE 7.
ASSIGNABILITY/CONSENT
Except as otherwise provided herein, or except as may be hereafter determined by the
parties, no party to this Agreement may sell, assign, or transfer its interest in this Agreement, or any
DRAFT – FOR REVIEW AND DISCUSSION
Page 7
of its right, duties, or obligations hereunder, without the prior written consent of the other party.
Whenever the consent or the approval of a party is required herein, such party shall not
unreasonably withhold, delay, or deny such consent or approval. Operator may assign this
Agreement to any successor entity to whom the applicable Oil or Gas Well Permit has been
assigned upon written notice to the City of said assignment.
ARTICLE 8.
NOTICE
Any notice given by one party to the other in connection with this Agreement shall be in
writing and shall be by personal delivery; sent by registered mail or certified mail; or by United
States Mail, return receipt requested, postage prepaid; to:
CITY: Office of the City Manager
City of Coppell, Texas
255 Parkway Boulevard
Coppell, Texas 75019
OPERATOR _____________________
_____________________
_____________________
Notice shall be deemed to have been received on the date of receipt as shown on the return receipt
or other written evidence of receipt.
ARTICLE 9.
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith. No evidence of any waiver or modification shall be offered or received in evidence in
any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights
or obligations of the parties hereunder, unless such waiver or modification is in writing, duly
executed. The parties further agree that the provisions of this Article will not be waived unless as
herein set forth.
ARTICLE 10.
SAVINGS/SEVERABILITY
In the event that any one or more of the provisions hereof contained in this Agreement shall
for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not effect the other provisions, and the Agreement shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained in this
Agreement.
DRAFT – FOR REVIEW AND DISCUSSION
Page 8
ARTICLE 11.
GOVERNING LAW AND VENUE
This Agreement shall be construed under and governed by, and in accordance with the laws of the
State of Texas, and venue for any action arising under the terms and conditions of this Agreement
shall lie in the state courts located in Dallas County, Texas or the United States District Court for
the Northern District of Texas, Coppell Division.
ARTICLE 12.
ENTIRE AGREEMENT
This Agreement and the exhibits attached hereto, constitute the entire agreement among the
parties hereto with respect to the subject matter hereof, and supersede any prior understandings or
written or oral agreements between the parties with respect to the subject matter of this Agreement.
No amendment, modification, cancellation or alteration of the terms of this Agreement shall be
binding on any party hereto unless the same is in writing, dated subsequent to the date hereof, and
is duly authorized and executed by the parties hereto.
ARTICLE 13.
WAIVER OF TERMS AND CONDITIONS
The failure of either party to enforce or insist upon compliance with any of the terms or
conditions of this Agreement shall not constitute a general waiver or relinquishment of any such
terms or conditions, but the same shall be and remain at all times in full force and effect.
ARTICLE 14.
CAPTIONS
The captions contained in this Agreement are for informational purposes only and shall not
in any way affect the substantive terms or conditions of this Agreement.
ARTICLE 15.
COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, and constitute one and the same instrument.
IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this
Agreement as of the day of , 20____.
ATTEST: CITY OF COPPELL
_____________________________ By: ____________________________
Libby Ball Jim Witt
City Secretary City Manager
DRAFT – FOR REVIEW AND DISCUSSION
Page 9
APPROVED AS TO FORM
AND LEGALITY:
City Attorney
By: ___________________________ ____________________________
Operator
STATE OF TEXAS §
COUNTY OF DALLAS §
Before me, the undersigned notary public, on this day personally appeared Jim Witt, the
City Manager of the city of Coppell, Texas, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he/she executed the
instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this ____ day of ________________, 20___.
_____________________________________
Notary Public
STATE OF ___________ §
COUNTYOF __________ §
Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared ___________________________________, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was
the act of _________________________________ (the corporation) and that he executed the same
as the act of said ___________________________________ (corporation) for the purposes and
consideration therein expressed and in the capacity therein stated.
Given under my hand and seal of office this ____ day of ________________, 20___.
_____________________________________
Notary Public
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:
Parks and Recreation
January 9, 2007
28
✔
RESOLUTION
Consider approval of a resolution in support of increased funding for the Texas Recreation and Parks Account and the
State Park System; and authorizing the Mayor to sign.
See attached letter and resolution
Approval of this resolution
^TRPA Support-1AR
PARKS AND RECREATION DEPARTMENT
Interoffice Memorandum
TO: Mayor and City Council
FROM: Brad Reid, Director of Parks and Recreation
DATE: January 9, 2007
SUBJECT: Consider Approval of a Resolution Supporting Increased Funding for the
Texas Recreation and Parks Account and the State Park System
BACKGROUND:
The association supporting parks and recreation causes in the State of Texas is the Texas
Recreation and Park Society (TRAPS). Each year TRAPS develops a legislative agenda
consisting of goals that it feels generally effect local and state park and recreation issues
that may come before the Legislature. For the year 2006-07, TRAPS has made it a goal
to support funding of the Texas Recreation and Parks Account (TRPA), and increased
funding to the Texas Park System. The Society has requested that each local community
express support of these issues.
Funding for the TRPA has decreased the past two sessions of the Texas Legislature. The
TRPA is a grant program for parkland acquisition and development and for the
development of recreational facilities that is administered by the Texas Parks and
Wildlife Department. The annual funding in the TRPA prior to the 78th Legislature was
$15.5 million. The TRPA was reduced to $8.1 million annually during the 78th
Legislature and to $5 million by the 79th Legislature.
Also, appropriations for the maintenance and operation of the State Parks and historical
sites in Texas has been reduced over the past two Legislative Sessions resulting in park
closures, reduced hours and days of operation as well as staff layoffs. This has come at a
time when the population of the state is expanding and the need for quality open space is
greater that it has ever been.
The attached resolution requests members of the 80th Legislature support increased
funding for the TRPA grant program, at least to the level prior to the 78th Legislative
Session. The resolution also requests members of the 80th Legislature support increased
funding for the State Park System.
The City of Coppell has received several park development grants from TPWD over the
history of park development. The development of Andrew Brown Park East and West,
and the Aquatics and Recreation Center were all partially funded with matching grants
from TPWD. This program has similarly benefited numerous communities in Texas.
RECOMMENDATION:
City Council approval of a resolution that supports increased funding for the Texas
Recreation and Parks Account and the State Park System. The resolution is attached for
review.
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL
REQUESTING THE MEMBERS OF THE 80TH LEGISLATIVE SESSION
OF THE STATE OF TEXAS SUPPORT INCREASED FUNDING FOR
THE TEXAS RECREATION & PARKS ACCOUNT LOCAL PARK
GRANT PROGRAM AND THE TEXAS STATE PARK SYSTEM
WHEREAS, the Texas Parks & Wildlife Department (“TPWD”) administers the Texas
Recreation & Parks Account Local Park Grant Program (“TRPA”) and manages 114
State parks and historical sites in Texas; and
WHEREAS, TPWD has a separate account in their general revenue fund referred to as
the TRPA for the purpose of providing matching grants to political subdivisions for parks
and recreation projects; and
WHEREAS, the matching grants provided by the TPWD are utilized for the planning,
acquisition, and development of local park, recreation and open space areas to be
owned and maintained by political subdivisions; and
WHEREAS, funds granted to political subdivisions under the TRPA guidelines have
funded 1,029 projects over 25 years, delivering over $623 million dollars to the local
Texas economy; and
WHEREAS, political subdivisions throughout the State of Texas depend on grants from
TPWD through the TRPA to stimulate the acquisition and development of parks and
recreational areas for the benefit and enjoyment of their citizenry; and
WHEREAS, the TRPA and State parks are funded from sales tax on sporting goods
and that the development of new parks stimulates the purchase of sporting goods; and
WHEREAS, continued cutbacks in appropriations for State park and historic sites have
resulted in a backlog of deferred maintenance issues, park closures, reduced hours and
days of operation, staff layoffs, the conversion of some parks to day use only and
elimination of important visitor services, regardless of the growing need for new parks
due to the State’s expanding population and extensive tourism industry; and
WHEREAS, the development of parks encourages and promotes public health,
economic development, job creation, education; corporate relocations, an improved
quality of life, and juvenile crime prevention; and
WHEREAS, it is the desire of this City Council that a copy of this resolution with
appropriate names affixed be presented to the Governor of Texas and the leadership of
the 80th Texas Legislature.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
SECTION 1. That the City of Coppell supports the passage of legislation by members
of the 80th Legislature of Texas, maximizing the use of revenue from the sporting goods
sales tax to increase funding for parks and recreation programs fairly for both Local and
State parks.
SECTION 2. That all TRPA funded park projects be subject to the established TPWD
competitive scoring system.
SECTION 3. That this Resolution shall take effect 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
___________________, 2007.
APPROVED:
_________________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. 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:
Parks and Recreation
January 9, 2007
29
✔
RESOLUTION
Consider approval of a Resolution supporting the Coppell Nature Park Education Center for Wagon Wheel Park in the
city of Coppell, Texas; and authorizing the Mayor to sign.
Please see attached Resolution
Approval of this Resolution
^Nature Park-1AR
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, SUPPORTING THE COPPELL NATURE PARK EDUCATION
CENTER FOR WAGON WHEEL PARK IN THE CITY OF COPPELL,
TEXAS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Coppell Park Board (“Board”) engaged a citizens focus group, comprised of local
students, volunteers and teachers, to support a Nature Park (“Park”) to be located in Wagon Wheel
Park; and
WHEREAS, as a result of the discussions relative to such Park, the Coppell Nature Park
Mentoring Committee (“Committee”) was formed with a focus on student involvement relating to
the Service Learning Initiative at Coppell Independent School District; and
WHEREAS, the Committee divided into sub-committees comprised of volunteers, each
specializing in a distinct component of the Park and all were focused on getting the Park created as
envisioned; and
WHEREAS, a series of nature trails were constructed and educational signage, directional
signage, seating and bat houses have been installed and completed with volunteer labor and donated
materials; and
WHEREAS, the proposed observation deck and proposed Education Center (“Center”),
which are two major components, are still in the planning phases; and
WHEREAS, the City owns and maintains the property and the Wagon Wheel Park, which
has natural preserve areas which can be utilized as a nature preserve; and,
WHEREAS, the Committee received the Board’s endorsement of the proposed Center at
Wagon Wheel Park at a regularly scheduled meeting on September 5, 2006; and,
WHEREAS, after the proper approvals are received from the City to proceed, the
Committee will apply, at no cost to the City, for grant funds to construct a Center; and,
WHEREAS, the Committee desires the official endorsement of the City in order to include
permission from the property owner to construct the Center with any grant application submitted;
and,
WHEREAS, the City of Coppell, Texas, has considered the Committee’s request and has
determined it is in the best interest of the City to support the proposed Coppell Nature Park
Education Center to be located at Wagon Wheel Park in the City of Coppell.
1 TM 12408
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the City of Coppell supports the proposed Coppell Nature Park
Education Center to be located at Wagon Wheel Park in the City of Coppell, Texas.
SECTION 2. That copies of this support Resolution will be forwarded to the Committee as
an official written endorsement of the City as owner of the proposed parkland for the proposed
Facility.
SECTION 3. That this Resolution shall take effect 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
(REH/cdb 1/2/07)
2 TM 12408
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 Manager
January 9, 2007
30
✔✔
DISCUSSION
Consider approval of the 2007 Legislative Agenda.
Staff recommends approval.
!Legislative
DATE: January 9, 2007
ITEM #: 31
AGENDA REQUEST FORM
MAYOR AND COUNCIL REPORTS
A. Report by Mayor Stover regarding Opening of Legislative Session in Austin.
B. Report by Mayor Pro Tem Faught regarding Make a Child Smile.
C. Report by Mayor Pro Tem Faught regarding Metroplex Mayors’ Meeting.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
DATE: January 9, 2007
ITEM #: 32
AGENDA REQUEST FORM
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork
DATE: January 9, 2007
ITEM #: 33
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: January 9, 2007
Department Submissions:
Item No. 7 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. 8, 13/F, 28 & 29 were placed on the Agenda for the above-
referenced City Council meeting by the Parks Department. I have
reviewed the Agenda Requests (and any backup if applicable) and hereby
submit these items to the City Council for consideration.
____________________
Parks Department
Item Nos. 13/G, 18 19, 20, 21, 22, 23, 24, 25, 26 and 27 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
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)