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CP 2007-09-11
NOTICE OF CITY COUNCIL MEETING AND AGENDA
SEPTEMBER 11, 2007
DOUG STOVER, BRIANNA HINOJOSA-FLORES, Place 3
Mayor Mayor Pro Tem
TIM BRANCHEAU, Place 1 BILLY FAUGHT, Place 5
JAYNE PETERS, Place 2 MARVIN FRANKLIN, Place 6
MARSHA TUNNELL, Place 4 BILL YORK, Place 7
JIM WITT, City Manager
MEETING TIME AND PLACE:
Call to Order 5:30 p.m. Council Chambers (Open to the Public)
Executive Session Immediately Following 1st Fl. Conf. Room (Closed to the Public)
Work Session Immediately Following 1st Fl. Conf. Room (Open to the Public)
Regular Session 7:00 p.m. Council Chambers (Open to the Public)
Notice is hereby given that the City Council of the City of Coppell, Texas will
meet in Regular Called Session on Tuesday, September 11, 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.
2. Regulation of Group Homes.
B. Section 551.087, Texas Government Code – Economic
Development Negotiations.
1. ED Prospects West of Beltline/Denton Tap and south of Bethel
Road.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding proposal from Oncor Electric Delivery for the
installation of street lights in the median of Parkway Boulevard from
Graham Drive west to North Coppell Road.
B. Discussion regarding the naming of the proposed Grapevine Springs
Senior/Community Center.
C. Discussion regarding Board/Commission Appointments.
D. 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.
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ITEM # ITEM DESCRIPTION
6. Pledge of Allegiance with the Color Guard presented by the Coppell Fire
Department.
7. Consider approval of a proclamation naming the week of September 17
through 23, 2007 as CONSTITUTION WEEK, and authorizing the Mayor to
sign.
8. Citizens' Appearances.
CONSENT AGENDA
9. Consider approval of the following consent agenda items:
A. Consider approval of minutes: August 28, 2007.
B. Consider approval of a Resolution amending Resolution No.
010996.3, as heretofore amended, with regard to zoning fees, library
fees, engineering fees and recreational fees and authorizing the
Mayor to sign.
C. Consider approval of awarding bid #RFP0089-City of Coppell
Medical Plan Stop Loss Insurance to Aetna Signature Administrators
in the amount of $311,285.00 and authorizing the City Manager to
sign.
D. Consider approval of a professional services agreement with Fiserv
Health Services to provide third party health claim administration for
the City of Coppell Health Benefit Plan in the amount of $132,552.00
and authorizing the City Manager to sign.
E. Consider approval of an Ordinance for Case No. PD-228-HC, Vista
Ridge Retail, zoning change from HC (Highway Commercial) to PD-
228-HC (Planned Development-228-Highway Commercial) to
establish a Concept Plan for retail and restaurant uses on 14.8 acres
of property, and to attach a Detail Site Plan to allow the
development of a grocery store with restaurant, convenience store
with fuel sales & drive-through and retail uses on approximately 11
acres of property, located at the northeast corner of S.H. 121 and
Denton Tap Road, and authorizing the Mayor to sign.
F. Consider approval of an Ordinance for Case No. PD-229-LI Minyard
Addition (KTR Capital), zoning change from LI (Light Industrial) to PD-
229-LI (Planned Development-229-Light Industrial) to allow the
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ITEM # ITEM DESCRIPTION
retention and expansion of the existing office/warehouse and office
buildings and to allow the construction of four office/warehouse
buildings, totaling approximately 503,250-square-feet on 79.53
acres of property, located at the southwest corner of Freeport
Parkway and Bethel Road, and authorizing the Mayor to sign.
G. Consider approval of an Ordinance of the City of Coppell ordering
a Special Election to be held on November 6, 2007 to consider the
adoption of one-fourth of one percent sales and use tax to provide
revenue for maintenance and repair of municipal streets; and, to
consider the creation of a Crime Control and Prevention District and
the adoption of one-fourth of one percent sales and use tax for
crime reduction programs; providing for the publication and
posting of notice; authorizing the City Manager to execute an
Election Agreement and Election Services Contract with Denton
County Elections Department; and authorizing the Mayor to sign the
ordinance.
END OF CONSENT
10. Consider approval of an Ordinance authorizing the issuance of City of
Coppell, Texas Combination Tax and Revenue Certificates of Obligation,
Series 2007 in the amount of $9,100,000, making provisions for the security
thereof, and ordaining other matters relating to the subject and
authorizing the Mayor to sign.
11. PUBLIC HEARING:
Consider approval of the Amberpoint Business Park at Coppell, Lot 2R-1R
and Lot 2R-3, Block A, Replat, being a replat of 55.69 acres of property
into two lots, Lot 2R-1R, containing 36.66 acres and Lot 2R-3 containing
19.36 acres, allow for separate ownership, on property located at the
southeast corner of Sandy Lake Road and Northpoint Drive.
12. Consider approval of the Pecan Creek Addition, Lots 1 & 2, Minor Plat, to
subdivide this property into two (2) lots, Lot 1 containing 1.88 acres and Lot
2 containing 2.49 acres to allow for separate ownerships, on 4.376 acres of
property located on the east side of S. Denton Tap Road, north of the
DART R.O.W.
13. PUBLIC HEARING:
Consider approval of Case No. PD-108R9-SF-9, The Chateaus of Coppell, a
zoning change request from PD-108R7-SF-9 (Planned Development-108R7-
Single Family-9) to PD-108R9-SF-9 (Planned Development-108R9-Single
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ITEM # ITEM DESCRIPTION
Family-9), to attached a Detail Site Plan, to allow the development of 56
single-family homes and common/open space lots on 20 acres of
property located at the southwest corner of Bethel and Denton Tap
Roads.
14. Consider approval of The Chateaus of Coppell, Preliminary Plat, to allow
the development of 56 single-family homes and common/open space
lots on 20 acres of property located at the southwest corner of Bethel and
Denton Tap Roads.
15. Consider granting the Planning & Zoning Commission Final Plat approval
authority of The Chateaus of Coppell, to allow the development of 56
single-family homes and common/open space lots on 20 acres of
property located at the southwest corner of Bethel and Denton Tap
Roads.
16. PUBLIC HEARING:
Consider approval of Case No. PD-214R3-SF-9, Arbor Manors Phase II,
zoning change request from R (Retail) to PD-214R3-SF-9 (Planned
Development-214 Revision-3-Single Family-9) to attach a Detail Site Plan to
allow the development of two (2) single-family homes, one (1) common
area lot and street right-of-way on approximately 0.87 acres of property
located north of the Whispering Hills Addition and east of the Georgian
Place Addition.
17. Consider approval of the Arbor Manors Phase II, Preliminary Plat, to allow
the development of two (2) single-family homes, one (1) common area lot
and street right-of-way on approximately 0.87 acres of property located
north of the Whispering Hills Addition and east of the Georgian Place
Addition.
18. PUBLIC HEARING:
Consider approval of the Arbor Manors, Replat, to allow the development
of 73 single-family homes and 10 common area lots on approximately
25.15 acres of property located south of Sandy Lake Road; and west of
Denton Tap Road.
19. Consider approval of an Ordinance approving and adopting the budget
for the City of Coppell for the Fiscal Year of October 1, 2007 through
September 30, 2008, and authorizing the Mayor to sign.
20. Consider the approval of the property tax revenue increase as reflected
in the 2007-2008 Annual Budget.
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ITEM # ITEM DESCRIPTION
21. Consider approval of an Ordinance of the City of Coppell, Texas levying
the ad valorem taxes for the year 2007 at .64146/$100 per valuation of
which .47616 for operations and maintenance and .16530 for interest and
sinking, and authorizing the Mayor to sign.
22. Consider approval of a Resolution denying the request by Atmos Energy
Corporation to implement an annual gas reliability infrastructure program
rate increase for the fourth consecutive year, providing notice hereof to
said company, and authorizing the Mayor to sign.
23. Consider approval of a Pro Rata Agreement for the 8" water line along SH
121 and Highland Drive to serve the Vista Ridge Retail development
between City of Coppell and JDB Coppell Village Plaza-Commercial, L.P. ;
and authorizing the City Manager to sign.
24. Consider appointments to the City's Boards/Commissions/Committees.
25. City Manager's Report.
A. Council meeting schedule for November/December.
B. Joint Meetings with the Planning & Zoning Commission, Economic
Development Committee and Park & Recreation Board.
C. Water Tower Painting & Logo.
26. Mayor and Council Reports.
A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting.
B. Report by Mayor Stover regarding Coppell Women’s Club
Luncheon.
C. Report by Mayor Stover regarding Susan G. Komen “Dig for the
Cure” volleyball event September 21st.
27. Necessary action resulting from Work Session.
28. 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 7th day of September, 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
AGENDA REQUEST FORM
DATE: September 11, 2007
ITEM #: ES-2
EXECUTIVE SESSION
A. Section 551.071, Texas Government Code – Consultation with City Attorney.
1. The City of Coppell and Coppell Independent School District opposition to
a change of zoning request of the Billingsley Corporation in the City of
Dallas, Zoning Case Number Z045-107; and City of Coppell vs. CB Parkway
Business Center VI, et al in the County Court at Law No. 3; and CB
Parkway Business Center, et al vs. City of Coppell, et al; and City of Dallas
vs. Douglas Stover, et al in the 191st District Court; and City of Coppell, et
al vs. City of Dallas, et al in the 101st District Court.
2. Regulation of Group Homes.
B. Section 551.087, Texas Government Code – Economic Development
Negotiations.
1. ED Prospects West of Beltline/Denton Tap and south of Bethel Road.
Agenda Request Form - Revised 02/04 Document Name: %exsessn
AGENDA REQUEST FORM
DATE: September 11, 2007
ITEM #: WS-3
WORK SESSION
A. Discussion regarding proposal from Oncor Electric Delivery for the installation
of street lights in the median of Parkway Boulevard from Graham Drive west
to North Coppell Road.
B. Discussion regarding the naming of the proposed Grapevine Springs
Senior/Community Center
C. Discussion regarding Board/Commission Appointments.
D. Discussion of Agenda Items.
Agenda Request Form - Revised 02/07 Document Name: %wksessn
1 INCH = FT.
0 300
300
150
Proposed Street Lights
Parkway Boulevard
City of Coppell
Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\PARKWAY LIGHTS
Created on: 25 May 2006 by Scott Latta
PROPOSED
STREET LIGHT
PARKS AND RECREATION DEPARTMENT
CITY COUNCIL AGENDA ITEM
TO: Mayor and City Council
FROM: Brad Reid, Director of Parks and Recreation
DATE: September 11, 2007
SUBJECT: Naming of the Grapevine Springs Senior/Community Center
One of the primary goals for the programming of the proposed Senior/Community Center
will be to increase participation at the facility of those residents in the 55-65 age group,
while maintaining strong participation of those a few years older. Historically, a “Senior
Center” will primarily draw those individuals much older. The idea of the new building
is to have vibrant programs and activities which will entice all individuals over the age of
55.
However, the term “senior citizen” does not generally set well with the Baby Boomer
age-group, when referring to themselves. Most feel that this term should be reserved for
those older than themselves. For this reason, the staff is recommending that the proposed
building at Grapevine Springs should have a designation other than a “Senior Center”.
While most daily activities and programs in the building will definitely reflect that of
traditional “senior” centers, we hope to develop new and innovative reasons to bring the
younger senior population into the center. Possibilities for such enticement could include
travel arrangements and increased tour opportunities, wellness, fitness and nutrition
instruction and participation, and a strong exercise program.
The participants at the existing center were asked to come up with ideas for naming the
new center, and developed quite an extensive list, many of which did not include the term
“senior center”. Staff added to the list and then selected the favorites, which you will
find below. The new building will become the hub of activities for our older citizens and
we would like for all to feel welcome and comfortable in the new center. By creatively
capturing the essence of the program in a name, without branding each participant as a
“senior citizen”, should help those who may feel uncomfortable with the designation to
become involved in the activities.
The favorite possible building designations thus far are these (in no particular order):
Grapevine Springs Activity Center
Adult Recreation and Community Center at Grapevine Springs
Old Coppell Adult Activity Center
Grapevine Springs Multipurpose Center
The Commons at Grapevine Springs Park
Coppell Senior Recreation and Community Center
The purpose of the discussion at the September 11, 2007 Work Session will be to
determine whether the City Council shares in the idea of a non-traditional name for the
facility, and, if so, what that designation should be.
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
September 11, 2007
7
✔
PROCLAMATION
Consider approval of a proclamation naming the week of September 17 through 23, 2007 as CONSTITUTION WEEK, and
authorizing the Mayor to sign.
Sue Riddle and Reba Park from the Daughters of the American Revolution will be here to accept the proclamation.
Staff recommends approval.
!Constitution
PROCLAMATION
WHEREAS, September 17, 2007 marks the 220th anniversary of the drafting of the
Constitution of the United States of America by the Constitutional Convention; and
WHEREAS, It is fitting and proper to accord official recognition to this magnificent
document and its memorable anniversary, and to the patriotic celebrations which will commemorate
the occasion; and
WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the
President of the United States of America designating September 17 through 23 as Constitution Week.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, do hereby
proclaim the week of September 17 through 23, 2007 as
"CONSTITUTION WEEK"
and ask our citizens to reaffirm the ideals the framers of the Constitution had in 1787 by vigilantly
protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost
rights may never be regained.
IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell
to be affixed this _____ day of September 2007.
__________________________________
Douglas N. Stover, Mayor
ATTEST:
_______________________
Libby Ball, City Secretary
AGENDA REQUEST FORM
DATE: September 11, 2007
ITEM #: 8
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
September 11, 2007
9/A
✔
PROCEDURAL
Consider approval of minutes: August 28, 2007.
Minutes of the City Council meeting held on August 28, 2007.
Staff recommends approval.
%minutes
MINUTES OF AUGUST 28, 2007
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, August 28, 2007, at 5:45 p.m. in the City Council Chambers of Town
Center, 255 Parkway Boulevard, Coppell, Texas. The following members were
present:
Doug Stover, Mayor (late arrival)
Brianna Hinojosa-Flores, Mayor Pro Tem
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Bill York, Councilmember
Councilmember Franklin was absent from the meeting. Also present were City
Manager Jim Witt, City Secretary Libby Ball and City Attorney David Dodd.
1. Call to order.
Mayor Pro Tem Hinojosa-Flores 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.
cm082807
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2. Discussion regarding NW corner of Bethel Road and
Denton Tap.
B. Section 551.087, Texas Government Code – Economic
Development Negotiations.
1. ED Prospects West of Beltline/Denton Tap and south of
Bethel Road.
Mayor Pro Tem Hinojosa-Flores convened into Executive Session at 5:50
p.m. as allowed under the above-stated article. Mayor Pro Tem
Hinojosa-Flores adjourned the Executive Session at 6:31 p.m. an d opened
the Work Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Presentation regarding the Wayfinder Signage.
B. Discussion regarding Sales Tax Election.
C. Discussion of Agenda Items.
Mayor Stover arrived during Work Session.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Councilmember Faught led those present in the Invocation.
6. Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
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7. Report by Library Board.
Doug Johnson, Chair, made the semi-annual report of the Library Board.
Kathy Edwards, Library Director, addressed questions of Council.
8. Presentation of the Coppell Police Department Narcotics and Alcohol
Enforcement Report for the first half of 2007.
Presentation:
Roy Osborne, Police Chief, made a presentation to Council regarding
enforcement and arrests arising from narcotics and alcohol charges.
9. Citizens' Appearances.
There was no one signed up to speak under this item.
CONSENT AGENDA
10. Consider approval of the following consent agenda items:
A. Consider approval of minutes: August 14, 2007.
B. Consider approval of the annual review of the written
Investment Policy of the City of Coppell as provided by the
Public Funds Investment Act, Chapter 2256, Texas Government
Code.
C. Consider approval of a Resolution creating a procedure to hold
hearings for appeals of proportionality of Municipal
Infrastructure Cost; and authorizing the Mayor to sign.
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Action:
Councilmember Peters moved to approve Consent Agenda Items A, B and
C carrying Resolution No. 2007-0828.1. Councilmember Faught seconded
the motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores
and Councilmembers Brancheau, Peters, Tunnell, Faught and York voting
in favor of the motion.
11. PUBLIC HEARING:
Consider approval of a Resolution granting a variance of three
hundred (300') feet to Cool Bamboo 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 171 N.
Denton Tap, Suite 100; and authorizing the Mayor to sign.
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 Faught moved to close the Public Hearing and approve
Resolution No. 2007-0828.2 granting a variance of three hundred (300')
feet to Cool Bamboo 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 171 N. Denton Tap, Suite 100; and
authorizing the Mayor to sign. Councilmember Brancheau seconded the
motion; the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and
Councilmembers Brancheau, Peters, Tunnell, Faught and York voting in
favor of the motion.
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12. PUBLIC HEARING:
Consider approval of a Resolution granting a variance of ninety (90')
feet to Cafe Portobello 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 West Sandy
Lake Road, #112; and authorizing the Mayor to sign.
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 Tunnell moved to close the Public Hearing and approve
Resolution No. 2007-0828.3 granting a variance of ninety (90') feet to
Cafe Portobello 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 West Sandy Lake Road, #112; and
authorizing the Mayor to sign. Councilmember York seconded the motion;
the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and
Councilmembers Brancheau, Peters, Tunnell, Faught and York voting in
favor of the motion.
13. PUBLIC HEARING:
To receive public comment concerning the Proposed 2007-2008
Municipal Budget.
Presentation:
Jennifer Miller, Finance Director, made a presentation to the Council.
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Page 5 of 14
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember Tunnell moved to close the Public Hearing.
Councilmember Peters seconded the motion; the motion carried 6-0 with
Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters,
Tunnell, Faught and York voting in favor of the motion.
14. PUBLIC HEARING:
To receive public comment concerning the proposed 2007-2008 tax
rate of 0.64146.
Presentation:
Jennifer Miller, Finance Director, 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. Mayor Pro Tem
Hinojosa-Flores seconded the motion; the motion carried 6-0 with Mayor
Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters,
Tunnell, Faught and York voting in favor of the motion.
15. Consider approval of an Ordinance of the City of Coppell, Texas,
approving an amendment to Ordinance No. 2006-1135, the budget for
Fiscal Year October 1, 2006 through September 30, 2007, and
authorizing the Mayor to sign.
cm082807
Page 6 of 14
Presentation:
Jennifer Miller, Finance Director, made a presentation to the Council.
Action:
Mayor Pro Tem Hinojosa-Flores moved to approve Ordinance No.
2007-1177. York seconded the motion; the motion carried 6-0 wi th
Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau, Peters,
Tunnell, Faught and York voting in favor of the motion.
16. Consider approval of an Engineering Services Contract with Free se
and Nichols, Inc. to provide professional engineering and design
services for the South Coppell Road Infrastructure Improvements
(from Bethel Road to Southwestern Boulevard), Project #ST 07-02; in
an amount not to exceed $164,100.00; as provided for in CIP fun ds;
and authorizing the City Manager to sign.
Presentation:
Ken Griffin, Director of Engineering and Public Works, made a
presentation to the Council.
Action:
Councilmember Brancheau moved to approve an Engineering Services
Contract with Freese and Nichols, Inc. to provide professional engineering
and design services for the South Coppell Road Infrastructure
Improvements (from Bethel Road to Southwestern Boulevard), Project #ST
07-02; in an amount not to exceed $164,100.00; as provided for in CIP
funds; and authorizing the City Manager to sign. Councilmember York
seconded the motion; the motion carried 6-0 with Mayor Pro Tem
Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell, Faught
and York voting in favor of the motion.
17. Consider approval of a Development Agreement between City of
Coppell and Pritchard Associates, Inc. to construct Creekview Drive
from Bethel Road north a distance of 1000 feet (+/-) in conjunction
cm082807
Page 7 of 14
with the construction of Bethel Road and Bethel Business Park, Lot 1
Block A; and authorizing the City Manager to sign.
This item was pulled and not considered.
18. Consider and authorize City Manager to negotiate and execute a
purchase and sale agreement, and any necessary agreements and
instruments related thereto, for the transfer of approximately 9.4
acres of land out of the J. Simmons Survey, Abstract No. 1296, to the
Coppell Economic Development Foundation, acting as an independent
foundation, for the resale of such property to Kolberg Development,
LLC for the construction of two 21,050-square- foot two-story
retail/hotel buildings, a 25,141-square-foot two-story
event/conference center, and a 7,812-square-foot pet bed/breakfast.
The property is located along the east side of Coppell Road,
approximately 250 feet south of Bethel Road.
Presentation:
Mindi Hurley, Economic Development Coordinator, made a presentation to
the Council.
Action:
Councilmember Tunnell moved to approve authorizing City Manager to
negotiate and execute a purchase and sale agreement, and any necessary
agreements and instruments related thereto, for the transfer of
approximately 9.4 acres of land out of the J. Simmons Survey, Abstract
No. 1296, to the Coppell Economic Development Foundation, acting as an
independent foundation, for the resale of such property to Kolberg
Development, LLC for the construction of two 21,050-square- foot two-
story retail/hotel buildings, a 25,141-square-foot two-story
event/conference center, and a 7,812-square-foot pet bed/breakf ast. The
property is located along the east side of Coppell Road, approximately 250
feet south of Bethel Road. Councilmember York seconded the motion; the
motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and
Councilmembers Brancheau, Peters, Tunnell, Faught and York voting in
favor of the motion.
cm082807
Page 8 of 14
19. Consider approval of an Ordinance ordering a Special Election to be
held on November 6, 2007 to consider the adoption of one-fourth of
one percent sales and use tax to provide revenue for maintenance
and repair of municipal streets; and, to consider the creation of a
Crime Control and Prevention District and the adoption of one-fourth
of one percent sales and use tax for crime reduction programs;
providing for the publication and posting of notice; authorizing the
City Manager to execute an Election Agreement and Election
Services Contract with Dallas County Elections Department; and
authorizing the Mayor to sign the Ordinance.
Presentation:
City Manager Jim Witt made a presentation to the Council.
Action:
Councilmember Tunnell moved to approve Ordinance No. 2007-1178
ordering a Special Election to be held on November 6, 2007 to consider
the adoption of one-fourth of one percent sales and use tax to provide
revenue for maintenance and repair of municipal streets; and, to consider
the creation of a Crime Control and Prevention District and the adoption of
one-fourth of one percent sales and use tax for crime reduction programs;
providing for the publication and posting of notice; authorizing the City
Manager to execute an Election Agreement and Election Services Contract
with Dallas County Elections Department; and authorizing the Mayor to
sign the Ordinance. Councilmember Peters seconded the motion; the
motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and
Councilmembers Brancheau, Peters, Tunnell, Faught and York voting in
favor of the motion.
20. Consider approval of a variance with stipulations for an Interim
Permit, upon concurrence of City Engineer, to Floodplain Management
Ordinance No. 2001-952, Article 4, Section B, Item 11(a) which
states that the Floodplain Administrator must "Assure that conditional
approvals are received from FEMA before a Floodplain Development
Permit is issued." for the proposed Alexander Court subdivision, an
cm082807
Page 9 of 14
18.506 acre housing development at the northwest corner of Denton
Tap Road and Bethel Road.
Presentation:
Ken Griffin, Director of Engineering and Public Works, made a
presentation to the Council.
Action:
Councilmember Peters moved to approve a variance with stipulations for
an Interim Permit, upon concurrence of City Engineer, to Floodplain
Management Ordinance No. 2001-952, Article 4, Section B, Item 1 1(a)
which states that the Floodplain Administrator must "Assure that
conditional approvals are received from FEMA before a Floodplain
Development Permit is issued." for the proposed Alexander Court
subdivision, an 18.506 acre housing development at the northwes t corner
of Denton Tap Road and Bethel Road; subject to the following stipulations:
1) Any changes requested by FEMA during their review of the flood study
submitted for Alexander Court must be complied with prior to the
acceptance of the subdivision improvements by the City;
2) No building permits will be issued on Lots 11-22, Block A until the
flood study has been approved by FEMA;
3) Any costs incurred by Mira Mar Development Corporation to comply
with any requested changes to the flood study by FEMA will be the
sole financial responsibility of Mira Mar Development Corporation; and
4) The variance implementation is contingent on verification from FEMA
by the City Engineer that all necessary information has been received
to complete their review.
Councilmember Faught seconded the motion; the motion carried 4-3 with
Councilmembers Peters, Tunnell, and Faught voting in favor of t he motion;
Mayor Pro Tem Hinojosa-Flores, and Councilmembers Brancheau and
York voting against the motion; and Mayor Stover breaking the tie by
voting in favor of the motion.
21. Consideration of appeal from John Hawkins regarding impact fees and
other development requirements related to Alexander Court.
cm082807
Page 10 of 14
Presentation:
Walter Leonard, attorney representing John Hawkins, made a pres entation
to the Council.
John Hawkins answered questions from his attorney.
EXECUTIVE SESSION (Closed to the Public)
Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation with
City Attorney.
Mayor Stover convened into Executive Session at 9:01 p.m. as allowed
under the above-stated article. Mayor Stover adjourned the Executive
Session at 9:12 p.m. and reopened the Regular Session.
REGULAR SESSION (Open to the Public)
Presentation:
Mr. Leonard continued his presentation.
EXECUTIVE SESSION (Closed to the Public)
Convene Executive Session
B. Section 551.071, Texas Government Code - Consultation with
City Attorney.
Mayor Stover convened into Executive Session at 10:07 p.m. as allowed
under the above-stated article. Mayor Stover adjourned the Executive
Session at 10:20 p.m. and reopened the Regular Session.
cm082807
Page 11 of 14
REGULAR SESSION (Open to the Public)
Action:
Councilmember Tunnell moved to grant the Applicant $3,265.84, b eing the
difference between the Right-of-Way granted and the cost of the street
impact fees, and to deny the rest of the appeal, and instruct the City
Attorney to investigate the cost of the Right-of-Way provided by the City
for the wall along Denton Tap. Councilmember York seconded the motion;
the motion carried 6-0 with Mayor Pro Tem Hinojosa-Flores and
Councilmembers Brancheau, Peters, Tunnell, Faught and York voting in
favor of the motion.
22. Mayor and Council Reports.
A. Report by Mayor Stover regarding the Susan G. Komen “ Dig
for A Cure” Event on September 21.
A. Mayor Stover advised that the Coppell High School Volleyball Team
is sponsoring a Susan G. Komen “ Dig for a Cure” in support of
former Mayor Candy Sheehan and her fight with breast cancer. The
event will be held on September 21st.
23. Council Committee Reports.
A. Carrollton/Farmers Branch ISD/Lewisville ISD –
Councilmember Tunnell.
B. Coppell ISD – Councilmembers Peters and Faught.
C. Coppell Seniors – Councilmembers Brancheau and Faught.
D. Dallas Regional Mobility Coalition – Councilmember Peters.
E. Economic Development Committee – Mayor Pro Tem
Hinojosa-Flores and Councilmember Franklin.
F. International Council for Local Environmental Initiatives (ICLEI)
– Councilmember Brancheau
G. Metrocrest Hospital Authority – Councilmember Tunnell.
H. Metrocrest Medical Foundation – Councilmember Tunnell.
I. Metrocrest Medical Services – Mayor Pro Tem Hinojosa-
Flores.
J. Metrocrest Social Service Center – Councilmember Tunnell.
cm082807
Page 12 of 14
K. North Texas Council of Governments – Councilmember
Brancheau.
L. NTCOG/Regional Emergency Management – Councilmember
Franklin.
M. North Texas Commission – Councilmember York.
N. Senior Adult Services – Councilmember Faught.
A. Councilmember Tunnell reported that CFBISD has opened a
Math/Engineering/Science/Technology Academy in an effort to
return to their “ recognized” status issued by the state.
B. Councilmember Faught advised that school had started and is
awaiting more information once things slow down.
C. Councilmember Faught announced that several events are planned
for the Coppell Seniors including Senior Splash Day on September
7th from 11:00 to 1:00 p.m. at the Coppell Aquatic Center, and the
State Fair in October.
D. Councilmember Peters reported that the Texas Transportation
Commission chose to cancel their contract with Cintra and approve
to move forward with the construction of SH 121. They will be
making decisions shortly on the future of Highway 161 and Loop 9.
E. Mayor Pro Tem Hinojosa-Flores stated that the Economic
Development Committee had discussed Market Street along with
discussion regarding the needs of businesses that haven’ t
succeeded in Coppell and why.
F. There was nothing to report on this item.
G. Councilmember Tunnell stated Metrocrest Hospital Authority is
chancing operators from tenet to Hospital Partners of America.
H. Councilmember Tunnell reminded the members of their invitation to
the Stetsons and Turquoise Annual Gala and Dinner scheduled for
September 22nd at the Bent Tree Country Club, benefiting
Metrocrest Medical Foundation.
I. There was nothing to report on this item.
cm082807
Page 13 of 14
J. There was nothing to report on this item.
K. There was nothing to report on this item.
L. There was nothing to report on this item.
M. Councilmember York announced a luncheon for the North Texas
Commission on September 20th at the Anatole Hotel. Guest
speakers include Jerry Jones and Dallas Mayor Leppert.
N. Councilmember Faught reported that Senior Adult Services will
receive a check on September 4th from Aetna in the amount of
$5,000. They will hold the Tee Up for Seniors at Indian Creek Golf
Club on October 22nd. The revenues for September 14-16 from
Nico’ s Cocina on North Josey in Carrollton will be going to Senior
Adult Services.
24. Necessary action resulting from Work Session.
There was no action necessary under this item.
25. Necessary action resulting from Executive Session.
There was no action necessary under this item.
There being no further business to come before the City Council, the
meeting was adjourned.
____________________________________
Douglas N. Stover, Mayor
ATTEST:
____________________________________
Libby Ball, City Secretary
cm082807
Page 14 of 14
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:
Finance
September 11, 2007
9/B
✔
RESOLUTION
Consider approval of a Resolution amending Resolution No. 010996.3, as heretofore amended, with regard to zoning
fees, library fees, engineering fees and recreational fees and authorizing the Mayor to sign.
Planning & Zoning - Adding the fees associated with gas well permits, inspections and reviews.
Library fee - Fee for the Non-Resident/Non Reciprocating user card.
Engineering - Updating the fee for floodplain review that was passed by Council on May 22, 2007.
Recreational - Increasing the Sports Entry Fee for Non-Residents from $10.00 per player to $25.00 per player. This will be
effective January 1, 2008.
Staff recommends approval.
$MasterFee-1AR(con)
1
RESOLUTION NO. __________________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, AMENDING
RESOLUTION NO. 010996.3, THE MASTER FEE SCHEDULE, AS
AMENDED, BY AMENDING THE GENERAL FEES, IN PART; AND THE
ZONING FEES, IN PART; AND PROVIDING A REPEALING CLAUSE
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, previously adopted
Resolution No. 010996.3 to provide for general and special fees and charges to be assessed and
collected by the City, as authorized by the Code of Ordinances and other applicable codes,
ordinances, resolutions, and laws; and
WHEREAS, the City Council of the City of Coppell desires to amend certain fees as set
forth therein and delete others as authorized by law;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That the Master Fee Schedule section entitled “Coppell City Code
(Zoning)” be amended in part to read as follows:
Chapter 12, Coppell City Code (Zoning)
“13)….
14) Gas Well Fees
Application Fee $1,500.00
Contract Inspection Fee $8,250.00
Reinspection Fees (if violation found) $2,000.00
Review of Amended Gas Well Permit No Charge
If Inspection Required $2,000.00
Reworking of Well Inspection $2,000.00
Annual Inspection Fee $3,000.00
City-$500.00
Inspector-$2,500.00
….”
SECTION 2. That the Master Fee Schedule section entitled “General Fees” be amended,
in part, to read as follows:
Engineering Fees:
“….
7) Floodplain Development Fee:
a. Computer Modeling Study/Conditional
Letter of Map Revision Review $3,500.00
b. Computer Modeling Study/
Letter of Map Revision Review $2,500.00
….”
2
Library Fees:
“….
Fee for Non Resident/Non Reciprocating Users $40.00 per card/per year
….”
Recreational Fees:
“….
Sports Entry Fee Non Resident $25.00 per player per season
….”
SECTION 3. That all provisions of the resolutions of the City of Coppell, Texas, in
conflict with the provisions of this Resolution, except as noted herein, be, and the same are
hereby, repealed, and all other provisions not in conflict with the provisions of this Resolution
shall remain in full force and effect.
SECTION 4. That should any word, phrase, paragraph, or section of this Resolution be
held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this
Resolution as a whole, or any part or provision thereof other than the part so decided to be
unconstitutional, illegal or invalid, and shall not affect the validity of the Resolution as a whole.
SECTION 5. That this Resolution shall become effective immediately from and after its
passage as the law and charter in such cases provide, except for the Recreational fee that will
become effective January 1, 2008.
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:
__________________________________
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:
Human Resources
September 11, 2007
9/C
✔
CONTRACT/BID or PROPOSAL
Consider approval of awarding bid #RFP0089-City of Coppell Medical Plan Stop Loss Insurance to Aetna Signature
Administrators in the amount of $311,285.00 and authorizing the City Manager to sign.
Staff worked with our benefits consultant to request bids for stop loss insurance coverage. Out of twenty four
companies solicited for bid, eleven companies responded. All of these bibs were reviewed by our staff Insurance
Committee which consists of the City Manager's office, Director of Finance, Chief Accountant, Director of
Administration and Human Resources and Asst. Director of Human Resources. The Insurance Committee recommends
awarding the bid to Aetna Signature Administrators for the City's Health Benefit Plan Stop loss insurance coverage in
the amount of $ 311,285. Attached is an outline of the fees associated with this agreement.
Funds for this contract are budgeted in the Self Insurance Fund.
Staff recommends approval
&Aetnaagreement-1AR
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:
Human Resources
September 11, 2007
9/D
✔
CONTRACT/BID or PROPOSAL
Consider approval of a professional services agreement with Fiserv Health Services to provide third party health claim
administration for the City of Coppell Health Benefit Plan in the amount of $132,552.00 and authorizing the City
Manager to sign.
The Staff Insurance committee which consists the City Manager's Office, Director of Finance, Chief Staff Accountant,
Director and Asst. Director of Human Resources along with our benefits consultant Brinson Benefits, reviewed eleven of
twenty four companies solicited for request for proposals Staff recommends the change to Fiserv Health using the
Aetna PPO network for our City employees health plan administration because their proposed services offered a
competitive overall cost. We also believe that the Aetna network gives the City the best opportunity to be able to
control health care costs this next year. In addition, the services available through Fiserv gives the City the opportunity
to offer our new HRA medical plan design and Flexible Benefits plan through one provider. The total annual amount
of this agreement is $135,544. Attached you will find the summary of costs associated with this proposal.
Funds for this agreement are budgeted in the Self Insurance Fund.
Staff recommends approval.
&Fiservagreement-1AR
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
September 11, 2007
9/E
✔
ORDINANCE
Consider approval of an Ordinance for Case No. PD-228-HC, Vista Ridge Retail, zoning change from HC (Highway
Commercial) to PD-228-HC (Planned Development-228-Highway Commercial) to establish a Concept Plan for retail
and restaurant uses on 14.8 acres of property, and to attach a Detail Site Plan to allow the development of a grocery
store with restaurant, convenience store with fuel sales & drive-through and retail uses on approximately 11 acres of
property, located at the northeast corner of S.H. 121 and Denton Tap Road, and authorizing the Mayor to sign.
On July 19, 2007, the Planning Commission unanimously
recommended approval of this zoning change (6-0), subject to the
above-stated conditions. Commissioners Haas, Kittrell, Borchgardt,
Fox, Reese and Frnka voted in favor, none opposed.
On August 14, 2007, Council unanimously approved this zoning
change (7-0).
Staff recommends APPROVAL.
@PD-228-HC.VR Ret. ORD, 1-AR (con)
TM 19664.2.000
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 HC (HIGHWAY
COMMERCIAL) TO PD-228-HC (PLANNED DEVELOPMENT-228-
HIGHWAY COMMERCIAL) TO ESTABLISH A CONCEPT PLAN FOR
RETAIL AND RESTAURANT USES ON 14.8 ACRES OF PROPERTY,
AND TO ATTACH A DETAIL SITE PLAN TO ALLOW THE
DEVELOPMENT OF A GROCERY STORE WITH RESTAURANT,
CONVENIENCE STORE WITH FUEL SALES & DRIVE-THROUGH
AND RETAIL USES ON APPROXIMATELY 11 ACRES OF PROPERTY,
LOCATED AT THE NORTHEAST CORNER OF S.H. 121 AND DENTON
TAP ROAD AND BEING MORE PARTICULARLY DESCRIBED IN
EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN
FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE
CONCEPT SITE PLAN AND CONCEPT LANDSCAPE PLAN FOR LOTS 1-
7 AND DETAIL SITE PLAN, LANDSCAPE PLAN, AND ELEVATIONS,
FOR LOTS 5-7, ATTACHED HERETO AS EXHIBITS “B, C, D, E AND F” ,
RESPECTIVELY; 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. PD-228-HC
should be approved, and in the exercise of legislative discretion have concluded that the
Comprehensive Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be
and the same is hereby amended by granting a change in zoning from HC (Highway Commercial)
TM 19664.2.000
2
to PD-228-HC (Planned Development-228-Highway Commercial) to establish a Concept Plan
for retail and restaurant uses on 14.8 acres of property, and to attach a Detail Site Plan to allow
the development of a grocery store with restaurant, convenience store with fuel sales & drive-
through and retail uses on approximately 11 acres of property, located at the northeast corner of
S.H. 121 and Denton Tap Road and being more particularly described in Exhibit “A”, attached
hereto and made a part hereof for all purposes as depicted on the site plan.
SECTION 2. This Planned Development shall be developed and used only in accordance
with the detail site plan (Exhibit B), landscape plan (Exhibit C), and elevations (Exhibit D) and the
development standards as follows:
A. The development on Lots 5, 6 and 7 shall be as depicted on the
Detail Site Plan, subject to the following:
1. A minimum of 401 parking spaces shall be provided for the
grocery store on Lot 6, as shown on the Detail Site Plan,
Exhibit B.
2. The Detail Landscape Plan for lots 5, 6 and 7 includes an
additional 37 trees in excess of current code requirements
and an additional 26 trees on Lot 6 which exceeds the
current code requirements.
3. Attached signs shall be limited to front of the convenience
store with drive-through building on Lot 5.
4. The canopy signage over the gas pumps on Lot 5 is
permitted to have red accents and red letters as indicated on
the plans, exhibits and elevations. However, the red accent
stripe and the signage on the canopy, as depicted on the
elevations, shall not be metal or luminous.
B. That prior to development on Lots 1-4, an amendment to Planned
Development 228-HC, to shall be required which provides Detail
Site Plan for said lots, subject to the following:
TM 19664.2.000
3
1. The location of the signs on lots 1-4 shall be provided on
the detail site plan and be in compliance with sign
regulations under the Code of Ordinances.
2. A determination of the provision of the mutual access
easement between Lot 4, and the property abutting to the
east shall be determined at the time of an amendment to PD
228-HC and Detail Site Plan for said Lot, as provided in
Section 2(B) of this ordinance.
SECTION 3. The property shall be developed and used in accordance with the HC
(Highway Commercial) development standards under the Coppell Zoning Ordinance, except as
amended in the special conditions as indicated on the Concept Site Plan and Concept Landscape
Plan for Lots 1-7 and Detail Site Plan, Landscape Plan, and Elevations, for Lots 5-7, attached hereto
as Exhibits “B, C, D, E, and F”, respectively, and made a part hereof for all purposes, which are
hereby approved.
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore
amended and as amended herein.
SECTION 5. That 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 6. 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.
TM 19664.2.000
4
SECTION 7. 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 8. That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by
a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and
every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 9. 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 Reviewed & Revised 9/4/07)
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
September 11, 2007
9/F
✔
ORDINANCE
Consider approval of an Ordinance for Case No. PD-229-LI Minyard Addition (KTR Capital), zoning change from LI
(Light Industrial) to PD-229-LI (Planned Development-229-Light Industrial) to allow the retention and expansion of the
existing office/warehouse and office buildings and to allow the construction of four office/warehouse buildings,
totaling approximately 503,250-square-feet on 79.53 acres of property, located at the southwest corner of Freeport
Parkway and Bethel Road, and authorizing the Mayor to sign.
On July 19, 2007, the Planning Commission unanimously
recommended approval of this zoning change (6-0), subject to the
above-stated conditions. Commissioners Haas, Kittrell, Borchgardt,
Fox, Reese and Frnka voted in favor, none opposed.
On August 14, 2007, Council unanimously approved this zoning
change (7-0).
Staff recommends APPROVAL.
@PD-229-LI, MA,(KTR) ORD, 1-AR (con)
TM 19692.2.000
1
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 LI (LIGHT INDUSTRIAL)
TO PD-229-LI (PLANNED DEVELOPMENT-229-LIGHT INDUSTRIAL),
TO ALLOW THE RETENTION AND EXPANSION OF THE EXISTING
OFFICE/WAREHOUSE AND OFFICE BUILDINGS AND TO ALLOW
THE CONSTRUCTION OF FOUR OFFICE/WAREHOUSE BUILDINGS,
TOTALING APPROXIMATELY 503,250-SQUARE-FEET ON 79.53
ACRES OF PROPERTY, LOCATED AT THE SOUTHWEST CORNER
OF FREEPORT PARKWAY AND BETHEL ROAD AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO
AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING
FOR THE APPROVAL OF THE DETAIL SITE PLAN, LANDSCAPE PLAN,
AND ELEVATIONS, ATTACHED HERETO AS EXHIBITS “B, C, AND D,
RESPECTIVELY; 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. PD-229-LC
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:
TM 19692.2.000
2
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be
and the same is hereby amended by granting a change in zoning from LI (Light Industrial) to PD-
229-LI (Planned Development-229-Light Industrial), to allow the retention and expansion of the
existing office/warehouse and office buildings and to allow the construction of four
office/warehouse buildings, totaling approximately 503,250-square-feet on 79.53 acres of
property, located at the southwest corner of Freeport Parkway and Bethel Road and being more
particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes.
SECTION 2. This Planned Development-229-LI shall be developed and used only in
accordance with the development regulations and as depicted on the detail site plan (Exhibit B),
landscape plan (Exhibit C), and elevations (Exhibit D) and the development standards adopted
therein, which are attached hereto and incorporated herein as Exhibits B through D, respectively, as
follows:
1) Landscaping shall be approved as indicated on Exhibit “D”, attached hereto
2) Tree removal permit shall be required prior to the removal of any trees.
SECTION 3. The property shall be developed and used in accordance with the LI (Light
Industrial) development standards under the Coppell Zoning Ordinance, except as amended in the
special conditions as indicated on the detail site plan, landscape plan, and elevations attached hereto
as Exhibits “B, C, and D”, respectively, and made a part hereof for all purposes, which are hereby
approved.
TM 19692.2.000
3
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore
amended and as amended herein.
SECTION 5. That 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 6. 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 7. 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 8. That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by
a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and
every day such violation shall continue shall be deemed to constitute a separate offense.
TM 19692.2.000
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SECTION 9. 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 Reviewed & Revised 9/4/07)
Tree No.Cal. In.TreeRemove101 22 Live Oak102 18 Pecan X103 6 Bradford Pear104 36 Pecan105 12 Live Oak106 6 Bradford Pear107 6 Bradford Pear108 6 Bradford Pear109 12 Live Oak110 7 Red Oak111 7 Red Oak112 7 Red Oak113 7 Red Oak114 7 Red Oak115 7 Red Oak116 7 Red Oak117 14 Live Oak118 8 Live Oak119 6 Live Oak120 14 Live Oak121 16 Live Oak122 20 Pine123 20 Pine124 20 Pine125 20 Pine126 20 Pine127 6 Live Oak128 6 Bradford Pear129 6 Bradford Pear130 16 Live Oak131 6 Cypress132 6 Cypress133 6 Cypress134 6 Cypress135 8 Live Oak136 8 Live Oak137 8 Live Oak138 8 Live Oak139 8 Live Oak140 8 Live Oak141 6 Cypress142 6 Cypress143 6 Cypress144 6 Cypress145 6 Cypress146 6 Cypress147 6 Cypress148 4 Cypress149 18 Live Oak150 24 Live Oak X151 16 Live Oak X152 6 Live Oak X153 16 Live Oak X154 10 Live Oak155 18 Live Oak156 7 Live Oak X157 6 Live Oak X158 6 Live Oak X159 6 Live Oak X160 6 Live Oak161 6 Live Oak X162 6 Live Oak X163 6 Live Oak164 6 Live Oak X165 6 Live Oak166 6 Live Oak X167 6 Live Oak X168 6 Live Oak X169 6 Bradford Pear170 8 Willow171 10 Live Oak172 10 Live Oak173 10 Live Oak X174 16 Live Oak175 8 Live Oak176 10 Live Oak177 6 Live Oak178 10 Live Oak179 13 Live Oak180 6 Lacebark Elm181 6 Lacebark Elm182 6 Lacebark Elm183 6 Lacebark ElmTree No.Cal. In.TreeRemove184 6 Lacebark Elm185 6 Lacebark Elm186 6 Lacebark Elm187 6 Lacebark Elm188 6 Lacebark Elm189 6 Lacebark Elm X
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
September 11, 2007
9/G
✔
ORDINANCE
Consider approval of an Ordinance of the City of Coppell ordering a Special Election to be held on November 6, 2007
to consider the Adoption of one-fourth of one percent sales and use tax to provide revenue for maintenance and
repair of municipal streets; and, to consider the creation of a Crime Control and Prevention District and the adoption
of one-fourth of one percent sales and use tax for crime reduction programs; providing for the publication and posting
of notice; authorizing the City Manager to execute an Election Agreement and Election Services Contract with
Denton County Elections Department; and authorizing the Mayor to sign the ordinance.
This is essentially the same as the Ordinance Ordering Election passed on August 28, 2007 with the exception that this
ordinance allows for the contractual agreement between the City of Coppell and Denton County Elections.
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TM 19810.2.000
ORDINANCE NO. ________________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
ORDERING A SPECIAL ELECTION TO BE HELD ON
NOVEMBER 6, 2007 TO CONSIDER THE ADOPTION OF ONE-
FOURTH OF ONE PERCENT SALES AND USE TAX TO
PROVIDE REVENUE FOR MAINTENANCE AND REPAIR OF
MUNICIPAL STREETS; AND, TO CONSIDER THE CREATION
OF A CRIME CONTROL AND PREVENTION DISTRICT AND
THE ADOPTION OF ONE-FOURTH OF ONE PERCENT SALES
AND USE TAX FOR CRIME REDUCTION PROGRAMS;
PROVIDING FOR THE PUBLICATION AND POSTING OF
NOTICE; AUTHORIZING THE CITY MANAGER TO EXECUTE
AN ELECTION AGREEMENT AND ELECTION SERVICES
CONTRACT WITH DENTON COUNTY ELECTIONS
DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has previously adopted a sales and use tax to be
used for educational development purposes, which such tax will expire in December of
2007; and
WHEREAS, upon its expiration, it is the desire of the City to use said sales and
use tax for the purposes of maintenance and repair of municipal streets and the creation
of a Crime Control and Prevention District for crime reduction programs in the City of
Coppell; and
WHEREAS, the City Council after due consideration desires to conduct an
election on the uniform election date of November 6, 2007 to consider the use of one
fourth of one percent sales and use tax for maintenance and repair of municipal streets
and the creation of a Crime Control and Prevention District and the adoption of one-
fourth of one percent sales and use tax for crime reduction programs in the City of
Coppell; and
WHEREAS, on August 28, 2007 the City Council called a Special Election for
the purpose set forth herein; and
WHEREAS, a recent amendment to the Texas Election Code requires that cities
located in two (2) counties requires that the County polling place shall be utilized in the
November uniform election.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF COPPELL, TEXAS:
SECTION 1. That an election previously ordered for November 6, 2007 to
consider two (2) propositions, to wit: the use of one fourth of one percent sales and use
tax for maintenance and repair of municipal streets; and, the creation of a Crime Control
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TM 19810.2.000
and Prevention District and the adoption of one-fourth of one percent sales and use tax
for crime reduction programs to be submitted to the qualified voters of the City for their
approval or disapproval at an election to be held on November 6, 2007 is hereby amended
to provide for the purpose recited herein.
SECTION 2. That notice of the election shall be posted on the bulletin board
used to post notice of the City Council meetings and be published in a newspaper of
general circulation in the City. That said notice must be published on the same day in
each of two successive weeks, with the first publication occurring no earlier than the
thirtieth day and no later than the fourteenth day before the date of the election. A copy
of the published notice that contains the name of the newspaper and the date of
publication shall be retained as a record of such notice, and such person posting the
notice shall make a record of the time of posting, starting date and the place of posting.
SECTION 3. The election on the proposed Charter amendments shall be
conducted in accordance with an Election Contract between the City of Coppell and
Denton County Elections Department for the Special election on November 6, 2007.
That the City Manager is hereby authorized to execute Election Contract with the County
of Denton for the conduct of the election.
SECTION 4. That the City Secretary shall present the election returns to the City
of Coppell City Council at a City Council meeting for the canvassing of said election in
accordance with the Texas Election Code.
SECTION 5. That early voting by personal appearance may be conducted on the
following dates and times at the following locations:
October 22 – 26 Monday - Friday 8:00a – 5:00p
October 29 – 31 Monday – Wednesday 8:00a – 5:00p
November 1 - 2 Thursday - Friday 7:00a – 7:00p
Aubrey Community Center Denton City Hall
226 Countryside, Aubrey 215 E. McKinney, Denton
The Colony Government Center Lake Dallas City Hall
6301 Main, The Colony 212 Main St., Lake Dallas
Sanger First Baptist Church Justin Municipal Building
708 S. 5th St., Sanger 415 N. College, Justin
October 22 – 26 Monday - Friday 8:00a – 5:00p
October 27 Saturday 9:00a – 4:00p
October 29 – 31 Monday – Wednesday 8:00a – 5:00p
November 1 - 2 Thursday - Friday 7:00a – 7:00p
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TM 19810.2.000
Joseph A. Carroll Admin. Building Carrollton Public Library
401 W. Hickory, Denton 4220 N. Josey, Carrollton
Roanoke Community Center Lewisville Municipal Annex
312 S. Walnut, Roanoke 1197 W. Main Street,
Lewisville
Highland Village Municipal Complex (City Hall) Frankford Town Houses
1000 Highland Village Dr., Highland Village 18110 Marsh Lane, Dallas
Flower Mound Municipal Police and Court Building
4150 Kirkpatrick, Flower Mound
Temporary Early Voting Location
Dates and Times
Thursday – Friday November 1 – 2 7:00a – 7:00p
Trophy Club MUD
100 Municipal Dr., Trophy Club
SECTION 6. That on Election Day, Coppell residents residing in precinct 310
shall vote at Memorial Park Recreation Center, 1950B South Valley Parkway, Lewisville,
Texas 75067.
SECTION 7. That applications for early voting ballot by mail by Denton County
residents shall be mailed to: Don Alexander, Elections Administrator, Denton County
Elections Department; P.O. Box 1720, Denton, Texas 76202. Applications for early
voting ballot by mail, if mailed, must be received no later than noon on October 30, 2007.
Applications for early voting delivered by personal delivery shall be submitted to the
Clerk’s office no later than the close of business on October 19, 2007.
SECTION 8. In accordance with Section 123.001 of the Texas Election Code,
the Direct Record and Optical Scan Voting Systems approved by the Secretary of State
are hereby adopted for the election on November 6, 2007.
SECTION 9. Pursuant to the Joint Election Contract, the County Elections
Administrator shall serve as Election Administrator for the election. Presiding Election
Judges and Alternate Presiding Election Judges appointed to serve at said polling places
shall be those election officials furnished by the Elections Administrator from the list of
proposed elections judges listed in an attachment to the Joint Election Contract.
SECTION 10. In compliance with Section 271.006 of the Texas Election Code,
the City Secretary is Early Voting Clerk. The County Elections Administrator is
appointed as Chief Deputy Early Voting Clerk. Other deputy early voting clerks will be
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TM 19810.2.000
appointed as needed to process early voting mail and to conduct early voting by personal
appearance at the branch locations.
SECTION 11. An Early Voting Ballot Board shall be created to process early
voting results in accordance with Section 87.007 of the Texas Election Code. The Early
Voting Ballot Board shall be made up of members appointed in the manner stated in the
Joint Election Contract and the Presiding Judge and Alternate Presiding Judge of the
Early Voting Board shall be the election officials listed in the Election Contract.
SECTION 12. Each amendment submitted must contain only one subject, and
the ballot shall be prepared in a manner that the voters may vote “for” or “against” the
propositions without voting “for” or “against” both of said propositions.
SECTION 13. The ballot propositions for the proposed adoption of one-fourth of
one percent of sales and use tax are as follows:
Proposition 1
Shall the City of Coppell adopt a one-fourth of one percent sales
and use tax to provide revenue for maintenance and repair of municipal
streets in the City of Coppell?
Proposition 2
Shall the City of Coppell create a Crime Control and Prevention
District and adopt a one-fourth of one percent sales and use tax for crime
reduction programs?
SECTION 14. That Ordinance No. 2007-1178, ordering the Special Election for
November 6, 2007, as amended, shall remain in effect and is hereby republished, save
and except as amended by this ordinance.
SECTION 15. That should any word, sentence, paragraph, subdivision, clause,
phrase or section of this ordinance be adjudged or held to be void or unconstitutional, the
same shall not affect the validity of the remaining portions of said ordinance, which shall
remain in full force and effect.
SECTION 16. This Ordinance shall take effect immediately from and after its
passage and the publication of the caption, as the law and charter in such case provide.
5
TM 19810.2.000
DULY PASSED by the City Council of the City of Coppell, Texas, on 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 09/06/07)
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:
ȱȱ
Finance
September 11, 2007
10
✔
ORDINANCE
Consider approval of an Ordinance authorizing the issuance of City of Coppell, Texas Combination Tax and Revenue
Certificates of Obligation, Series 2007 in the amount of $9,100,000, making provisions for the security thereof, and
ordaining other matters relating to the subject and authorizing the Mayor to sign.
The Certificates of Obligation Bonds in the amount of $9,100,000 are being issued to fund amounts needed for the
following: Sidewalk Infill-$500,000, Deforest Road-$1,915,000, Coppell Road-$1,455,000, Southwestern Boulevard-
$1,675,000, Fire Storage Bay-$536,000, Cemetery-$3,000,000, and Bond Issuance Costs-$19,000.
Staff Recommends approval of the issuance of the $9,100,000 in
Certificates of Obligation.
$CO07-1AR
1
ORDINANCE NO.________________________
ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF COPPELL,
TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF
OBLIGATION, SERIES 2007, IN THE PRINCIPAL AMOUNT OF $9,100,000,
APPROVING AN OFFICIAL STATEMENT AUTHORIZING THE EXECUTION
OF A PURCHASE AGREEMENT, MAKING PROVISIONS FOR THE
SECURITY THEREOF, AND ORDAINING OTHER MATTERS RELATING TO
THE SUBJECT
THE STATE OF TEXAS §
COUNTIES OF DALLAS AND DENTON §
CITY OF COPPELL §
WHEREAS, the City deems it advisable to give notice of intention to issue Combination Tax and
Certificates of Obligation, in the maximum amount of $9,100,000, for the purpose of paying, in whole or
in part, contractual obligations for (a) constructing and improving City sidewalks; (b) constructing an
addition to City Fire Station No. 1; (c) constructing and improving City streets; and (d) constructing and
improving the City’s cemetery including cemetery buildings and site work, and for paying legal, fiscal,
and engineering fees in connection with such projects; and
WHEREAS, the Certificates of Obligation hereinafter authorized and designated are to be issued
and delivered for cash pursuant to Subchapter C of Chapter 271 of the Local Government Code, and
Chapter 367, Transportation Code; and
WHEREAS, the City Council has heretofore, on the 24th day of July, 2007, adopted a resolution
authorizing and directing the City Secretary to give notice of intention to issue Certificates of Obligation;
and
WHEREAS, said notice has been duly published in the Citizens Advocate, which is a newspaper
of general circulation in said City, in its issues of July 27, 2007 and August 3, 2007; and
WHEREAS, the City received no petition from the qualified electors of the City protesting the
issuance of such Certificates of Obligation; and
WHEREAS, the meeting was open to the public and public notice of the time, place and purpose
of said meeting was given pursuant to Chapter 551, Texas Government Code.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL:
Section 1. AMOUNT AND PURPOSE OF THE CERTIFICATES OF OBLIGATION. The
certificate of obligation or certificates of obligation of the City of Coppell (the "Issuer") are hereby
authorized to be issued and delivered, in the aggregate principal amount of $9,100,000, for the purpose of
paying, in whole or in part, contractual obligations for (a) constructing and improving City sidewalks; (b)
constructing an addition to City Fire Station No. 1; (c) constructing and improving City streets; and (d)
constructing and improving the City’s cemetery including cemetery buildings and site work, and for
paying legal, fiscal, and engineering fees in connection with such projects.
2
Section 2. DESIGNATION OF THE CERTIFICATES OF OBLIGATION. Each certificate
of obligation issued pursuant to this Ordinance shall be designated: "CITY OF COPPELL, TEXAS
COMBINATION TAX AND REVENUE CERTIFICATE OF OBLIGATION, SERIES 2007", and
initially there shall be issued, sold, and delivered hereunder a single fully registered certificate of
obligation, without interest coupons, payable in installments of principal (the "Initial Certificate of
Obligation"), but the Initial Certificate of Obligation may be assigned and transferred and/or converted
into and exchanged for a like aggregate principal amount of fully registered certificates of obligation,
without interest coupons, having serial maturities, and in the denomination or denominations of $5,000 or
any integral multiple of $5,000, all in the manner hereinafter provided. The term "Certificates of
Obligation" as used in this Ordinance shall mean and include collectively the Initial Certificate of
Obligation and all substitute certificates of obligation exchanged therefore, as well as all other substitute
certificates of obligation and replacement certificates of obligation issued pursuant hereto, and the term
"Certificate of Obligation" shall mean any of the Certificates of Obligation.
Section 3. INITIAL DATE, DENOMINATION, NUMBER, MATURITIES, INITIAL
REGISTERED OWNER, AND CHARACTERISTICS OF THE INITIAL CERTIFICATE OF
OBLIGATION. (a) The Initial Certificate of Obligation is hereby authorized to be issued, sold, and
delivered hereunder as a single fully registered Certificate of Obligation, without interest coupons, dated
September 1, 2007, in the denomination and aggregate principal amount of $9,100,000, numbered R-1,
payable in annual installments of principal to the initial registered owner thereof, to-wit: COASTAL
SECURITIES, or to the registered assignee or assignees of said Certificate of Obligation or any portion or
portions thereof (in each case, the "registered owner"), with the annual installments of principal of the
Initial Certificate of Obligation to be payable on the dates, respectively, and in the principal amounts,
respectively, stated in the FORM OF INITIAL CERTIFICATE OF OBLIGATION set forth in this
Ordinance.
(b) The Initial Certificate of Obligation (i) may be prepaid or redeemed prior to the respective
scheduled due dates of installments of principal thereof, (ii) may be assigned and transferred, (iii) may be
converted and exchanged for other Certificates of Obligation, (iv) shall have the characteristics, and (v)
shall be signed and sealed, and the principal of and interest on the Initial Certificate of Obligation shall be
payable, all as provided, and in the manner required or indicated, in the FORM OF INITIAL
CERTIFICATE OF OBLIGATION set forth in this Ordinance.
Section 4. INTEREST. The unpaid principal balance of the Initial Certificate of Obligation
shall bear interest from the date of the Initial Certificate of Obligation, and will be calculated on the basis
of a 360-day year of twelve 30-day months to the respective scheduled due dates, or to the respective
dates of prepayment or redemption, of the installments of principal of the Initial Certificate of Obligation,
and said interest shall be payable, all in the manner provided and at the rates and on the dates stated in the
FORM OF INITIAL CERTIFICATE OF OBLIGATION set forth in this Ordinance.
Section 5. FORM OF INITIAL CERTIFICATE OF OBLIGATION. The form of the Initial
Certificate of Obligation, including the form of Registration Certificate of the Comptroller of Public
Accounts of the State of Texas to be endorsed on the Initial Certificate of Obligation, shall be
substantially as follows:
3
FORM OF INITIAL CERTIFICATE OF OBLIGATION
NO. R-1 $9,100,000
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF DALLAS AND DENTON
CITY OF COPPELL, TEXAS
COMBINATION TAX AND REVENUE
CERTIFICATE OF OBLIGATION, SERIES 2007
THE CITY OF COPPELL, IN DALLAS AND DENTON COUNTIES (the "Issuer"), being a
political subdivision of the State of Texas, hereby promises to pay to
COASTAL SECURITIES
or to the registered assignee or assignees of this Certificate of Obligation or any portion or portions hereof
(in each case, the "registered owner") the aggregate principal amount of
NINE MILLION ONE HUNDRED THOUSAND DOLLARS
in annual installments of principal due and payable on February 1 in each of the years, and in the
respective principal amounts, as set forth in the following schedule:
YEAR AMOUNT YEAR AMOUNT
2008 $570,000 2018 $450,000
2009 450,000 2019 450,000
2010 450,000 2020 450,000
2011 450,000 2021 450,000
2012 450,000 2022 450,000
2013 450,000 2023 450,000
2014 450,000 2024 445,000
2015 450,000 2025 445,000
2016 450,000 2026 445,000
2017 450,000 2027 445,000
and to pay interest, from the date of this Initial Certificate of Obligation, on the balance of each such
installment of principal, respectively, from time to time remaining unpaid, at the rates as follows:
maturity 2008, _____% maturity 2018, _____%
maturity 2009 _____% maturity 2019, _____%
maturity 2010, _____% maturity 2020, _____%
maturity 2011, _____% maturity 2021, _____%
maturity 2012, _____% maturity 2022, _____%
maturity 2013, _____% maturity 2023, _____%
maturity 2014 _____% maturity 2024, _____%
maturity 2015, _____% maturity 2025, _____%
maturity 2016, _____% maturity 2026, _____%
4
maturity 2017, _____% maturity 2027, _____%
with said interest being payable on February 1, 2008, and semiannually on each August 1 and February 1
thereafter while this Certificate of Obligation or any portion hereof is outstanding and unpaid.
THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this Certificate of
Obligation are payable in lawful money of the United States of America, without exchange or collection
charges. The installments of principal and the interest on this Certificate of Obligation are payable to the
registered owner hereof through the services of U.S. BANK NATIONAL ASSOCIATION, HOUSTON,
TEXAS, which is the "Paying Agent/Registrar" for this Certificate of Obligation. Payment of all
principal of and interest on this Certificate of Obligation shall be made by the Paying Agent/Registrar to
the registered owner hereof on each principal and/or interest payment date by check or draft, dated as of
such date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required
by the ordinance authorizing the issuance of this Certificate of Obligation (the "Certificate of Obligation
Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided;
and such check or draft shall be sent by the Paying Agent/Registrar by United States mail, first-class
postage prepaid, on each such principal and/or interest payment date, to the registered owner hereof, at
the address of the registered owner, as it appeared on the 15th day of the month next preceding each such
date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter
described. The Issuer covenants with the registered owner of this Certificate of Obligation that on or
before each principal and/or interest payment date for this Certificate of Obligation it will make available
to the Paying Agent/ Registrar, from the "Interest and Sinking Fund" created by the Certificate of
Obligation Ordinance, the amounts required to provide for the payment, in immediately available funds,
of all principal of and interest on this Certificate of Obligation, when due.
IF THE DATE for the payment of the principal of or interest on this Certificate of Obligation
shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the
Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such
payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on
which banking institutions are authorized to close; and payment on such date shall have the same force
and effect as if made on the original date payment was due.
THIS CERTIFICATE OF OBLIGATION has been authorized in accordance with the
Constitution and laws of the State of Texas, in the principal amount of $9,100,000, for the purpose of
paying, in whole or in part, contractual obligations for (a) constructing and improving City sidewalks; (b)
constructing an addition to City Fire Station No. 1; (c) constructing and improving City streets; and (d)
constructing and improving the City’s cemetery including cemetery buildings and site work, and for
paying legal, fiscal, and engineering fees in connection with such projects.
ON FEBRUARY 1, 2017, or any date thereafter, the unpaid installments of principal of this
Certificate of Obligation may be prepaid or redeemed prior to their scheduled due dates, at the option of
the Issuer, with funds derived from any available source, as a whole, or in part, and, if in part, the Issuer
shall select and designate the maturity, or maturities, and the amount that is to be redeemed, and if less
than a whole maturity is to be called, the Issuer shall direct the Paying Agent/Registrar to call by lot
(provided that a portion of this Certificate of Obligation may be redeemed only in an integral multiple of
$5,000), at the redemption price of the principal amount, plus accrued interest to the date fixed for
prepayment or redemption.
THE CERTIFICATES OF OBLIGATION OF THIS SERIES scheduled to mature on
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FEBRUARY 1, 20__ are subject to mandatory redemption prior to their scheduled maturities, and
shall be redeemed by the Issuer, in part, prior to their scheduled maturities, with money from the
Mandatory Redemption Account of the Interest and Sinking Fund, with the particular Certificates of
Obligation or portion thereof to be redeemed to be selected by the Paying Agent/Registrar, by lot or
other customary method (provided that a portion of a Certificate of Obligation may be redeemed only
in an integral multiple of $5,000) at a redemption price equal to the par or principal amount thereof
and accrued interest to the date of redemption, on the dates, and in the principal amounts,
respectively, as shown in the following schedules:
FEBRUARY 1, 20 MATURITY
Mandatory Redemption Dates Principal Amounts
February 1, 20__ $
February 1, 20__ $
February 1, 20__ $
February 1, 20__ $ (payment at maturity)
The principal amount of the Certificates of Obligation required to be redeemed on each such redemption
date pursuant to the foregoing operation of the Mandatory Redemption Account shall be reduced, at the
option of the Issuer, by the principal amount of any Certificates of Obligation, which at least 45 days
prior to the mandatory sinking fund redemption date, (1) shall have been acquired by the Issuer and
delivered to the Paying Agent/Registrar for cancellation, or (2) shall have been purchased and canceled
by the Paying Agent/Registrar at the request of the Issuer at a price not exceeding the principal amount of
such Certificates of Obligation plus accrued interest to the date of purchase, or (3) have been redeemed
pursuant to the optional redemption provisions set forth above and not theretofore credited against a
mandatory sinking fund redemption. During any period in which ownership of the Certificates of
Obligation is determined by a book entry at a securities depository for the Certificates of Obligation, if
fewer than all of the Certificates of Obligation of the same maturity and bearing the same interest rate are
to be redeemed, the particular Certificates of Obligation of such maturity and bearing such interest rate
shall be selected in accordance with the arrangements between the Issuer and the securities depository.
AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written
notice of such prepayment or redemption shall be mailed by the Paying Agent/Registrar to the registered
owner hereof. By the date fixed for any such prepayment or redemption due provision shall be made by
the Issuer with the Paying Agent/Registrar for the payment of the required prepayment or redemption
price for this Certificate of Obligation or the portion hereof which is to be so prepaid or redeemed, plus
accrued interest thereon to the date fixed for prepayment or redemption. If such written notice of
prepayment or redemption is given, and if due provision for such payment is made, all as provided above,
this Certificate of Obligation, or the portion thereof which is to be so prepaid or redeemed, thereby
automatically shall be treated as prepaid or redeemed prior to its scheduled due date, and shall not bear
interest after the date fixed for its prepayment or redemption, and shall not be regarded as being
outstanding except for the right of the registered owner to receive the prepayment or redemption price
plus accrued interest to the date fixed for prepayment or redemption from the Paying Agent/Registrar out
of the funds provided for such payment. The Paying Agent/Registrar shall record in the Registration
Books all such prepayments or redemptions of principal of this Certificate of Obligation or any portion
hereof.
THIS CERTIFICATE OF OBLIGATION, to the extent of the unpaid or unredeemed principal
balance hereof, or any unpaid and unredeemed portion hereof in any integral multiple of $5,000, may be
6
assigned by the initial registered owner hereof and shall be transferred only in the Registration Books of
the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for this Certificate of
Obligation, upon the terms and conditions set forth in the Certificate of Obligation Ordinance. Among
other requirements for such transfer, this Certificate of Obligation must be presented and surrendered to
the Paying Agent/Registrar for cancellation, together with proper instruments of assignment, in form and
with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment by the
initial registered owner of this Certificate of Obligation, or any portion or portions hereof in any integral
multiple of $5,000, to the assignee or assignees in whose name or names this Certificate of Obligation or
any such portion or portions hereof is or are to be transferred and registered. Any instrument or
instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the
assignment of this Certificate of Obligation or any such portion or portions hereof by the initial registered
owner hereof. A new certificate of obligation or certificates of obligation payable to such assignee or
assignees (which then will be the new registered owner or owners of such new certificate of obligation or
certificates of obligation) or to the initial registered owner as to any portion of this Certificate of
Obligation which is not being assigned and transferred by the initial registered owner, shall be delivered
by the Paying Agent/Registrar in conversion of and exchange for this Certificate of Obligation or any
portion or portions hereof, but solely in the form and manner as provided in the next paragraph hereof for
the conversion and exchange of this Certificate of Obligation or any portion hereof. The registered owner
of this Certificate of Obligation shall be deemed and treated by the Issuer and the Paying Agent/Registrar
as the absolute owner hereof for all purposes, including payment and discharge of liability upon this
Certificate of Obligation to the extent of such payment, and the Issuer and the Paying Agent/Registrar
shall not be affected by any notice to the contrary.
AS PROVIDED above and in the Certificate of Obligation Ordinance, this Certificate of
Obligation, to the extent of the unpaid or unredeemed principal balance hereof, may be converted into and
exchanged for a like aggregate principal amount of fully registered certificates of obligation, without
interest coupons, payable to the assignee or assignees duly designated in writing by the initial registered
owner hereof, or to the initial registered owner as to any portion of this Certificate of Obligation which is
not being assigned and transferred by the initial registered owner, in any denomination or denominations
in any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute
certificate of obligation issued in exchange for any portion of this Certificate of Obligation shall have a
single stated principal maturity date), upon surrender of this Certificate of Obligation to the Paying
Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the
Certificate of Obligation Ordinance. If this Certificate of Obligation or any portion hereof is assigned and
transferred or converted each certificate of obligation issued in exchange for any portion hereof shall have
a single stated principal maturity date corresponding to the due date of the installment of principal of this
Certificate of Obligation or portion hereof for which the substitute certificate of obligation is being
exchanged, and shall bear interest at the rate applicable to and borne by such installment of principal or
portion thereof. Such certificates of obligation, respectively, shall be subject to redemption prior to
maturity on the same dates and for the same prices as the corresponding installment of principal of this
Certificate of Obligation or portion hereof for which they are being exchanged. No such certificate of
obligation shall be payable in installments, but shall have only one stated principal maturity date. AS
PROVIDED IN THE CERTIFICATE OF OBLIGATION ORDINANCE, THIS CERTIFICATE OF
OBLIGATION IN ITS PRESENT FORM MAY BE ASSIGNED AND TRANSFERRED OR
CONVERTED ONCE ONLY, and to one or more assignees, but the certificates of obligation issued and
delivered in exchange for this Certificate of Obligation or any portion hereof may be assigned, transferred
and converted, subsequently, as provided in the Certificate of Obligation Ordinance. The Issuer shall pay
the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and
exchanging this Certificate of Obligation or any portion thereof, but the one requesting such transfer,
7
conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect
thereto. The Paying Agent/Registrar shall not be required to make any such assignment, conversion, or
exchange (i) during the period commencing with the close of business on any Record Date and ending
with the opening of business on the next following principal or interest payment date, or, (ii) with respect
to any Certificate of Obligation or portion thereof called for prepayment or redemption prior to maturity,
within 45 days prior to its prepayment or redemption date.
IN THE EVENT any Paying Agent/Registrar for this Certificate of Obligation is changed by the
Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate of
Obligation Ordinance that it promptly will appoint a competent and legally qualified substitute therefore,
and promptly will cause written notice thereof to be mailed to the registered owner of this Certificate of
Obligation.
IT IS HEREBY certified, recited, and covenanted that this Certificate of Obligation has been duly
and validly authorized, issued, sold, and delivered; that all acts, conditions, and things required or proper
to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this
Certificate of Obligation have been performed, existed, and been done in accordance with law; that this
Certificate of Obligation is a general obligation of the Issuer, issued on the full faith and credit thereof;
and that ad valorem taxes sufficient to provide for the payment of the interest on and principal of this
Certificate of Obligation, as such interest and principal come due, have been levied and ordered to be
levied against all taxable property in the Issuer, and have been pledged for such payment, within the limit
prescribed by law, and that this Certificate of Obligation is additionally secured by and payable from the
limited surplus revenues of the Issuer's Waterworks and Sewer System, remaining after payment of all
operation and maintenance expenses thereof, and all debt service, reserve, and other requirements in
connection with all of the Issuer's obligations (now or hereafter outstanding), which are payable from all
or any part of the Net Revenues of the Issuer's Waterworks and Sewer System.
BY BECOMING the registered owner of this Certificate of Obligation, the registered owner
thereby acknowledges all of the terms and provisions of the Certificate of Obligation Ordinance, agrees to
be bound by such terms and provisions, acknowledges that the Certificate of Obligation Ordinance is duly
recorded and available for inspection in the official minutes and records of the governing body of the
Issuer, and agrees that the terms and provisions of this Certificate of Obligation and the Certificate of
Obligation Ordinance constitute a contract between the registered owner hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Certificate of Obligation to be signed with
the manual or facsimile signature of the Mayor of the Issuer, countersigned with the manual or facsimile
signature of the City Secretary of the Issuer, and has caused the official seal of the Issuer to be duly
impressed, or placed in facsimile, on this Certificate of Obligation to be dated September 1, 2007.
____________________________ _________________________
City Secretary Mayor
(CITY SEAL)
8
FORM OF REGISTRATION CERTIFICATE
OF THE COMPTROLLER OF PUBLIC ACCOUNTS:
COMPTROLLER'S REGISTRATION CERTIFICATE:
REGISTER NO.
I hereby certify that this Certificate of Obligation has been examined, certified as to validity, and
approved by the Attorney General of the State of Texas, and that this Certificate of Obligation has been
registered by the Comptroller of Public Accounts of the State of Texas.
Witness my signature and seal this
______________________________________
Comptroller of Public Accounts of the State of Texas
(COMPTROLLER'S SEAL)
Section 6. ADDITIONAL CHARACTERISTICS OF THE CERTIFICATES OF
OBLIGATION. Registration and Transfer.(a) The Issuer shall keep or cause to be kept at the principal
corporate trust office of U.S. Bank National Association, Houston, Texas, (the "Paying Agent/Registrar")
books or records of the registration and transfer of the Certificates of Obligation (the "Registration
Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to
keep such books or records and make such transfers and registrations under such reasonable regulations
as the Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such
transfers and registrations as herein provided. The Paying Agent/Registrar shall obtain and record in the
Registration Books the address of the registered owner of each Certificate of Obligation to which
payments with respect to the Certificates of Obligation shall be mailed, as herein provided; but it shall be
the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which
payments shall be mailed, and such interest payments shall not be mailed unless such notice has been
given. The Issuer shall have the right to inspect the Registration Books during regular business hours of
the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books
confidential and, unless otherwise required by law, shall not permit their inspection by any other entity.
Registration of each Certificate of Obligation may be transferred in the Registration Books only upon
presentation and surrender of such Certificate of Obligation to the Paying Agent/Registrar for transfer of
registration and cancellation, together with proper written instruments of assignment, in form and with
guarantee of signatures satisfactory to the Paying Agent/ Registrar, (i) evidencing the assignment of the
Certificate of Obligation, or any portion thereof in any integral multiple of $5,000, to the assignee or
assignees thereof, and (ii) the right of such assignee or assignees to have the Certificate of Obligation or
any such portion thereof registered in the name of such assignee or assignees. Upon the assignment and
transfer of any Certificate of Obligation or any portion thereof, a new substitute Certificate of Obligation
or Certificates of Obligation shall be issued in conversion and exchange therefore in the manner herein
provided. The Initial Certificate of Obligation, to the extent of the unpaid or unredeemed principal
balance thereof, may be assigned and transferred by the initial registered owner thereof once only, and to
one or more assignees designated in writing by the initial registered owner thereof. All Certificates of
Obligation issued and delivered in conversion of and exchange for the Initial Certificate of Obligation
shall be in any denomination or denominations of any integral multiple of $5,000 (subject to the
requirement hereinafter stated that each substitute Certificate of Obligation shall have a single stated
principal maturity date), shall be in the form prescribed in the FORM OF SUBSTITUTE CERTIFICATE
OF OBLIGATION set forth in this Ordinance, and shall have the characteristics, and may be assigned,
transferred, and converted as hereinafter provided. If the Initial Certificate of Obligation or any portion
9
thereof is assigned and transferred or converted the Initial Certificate of Obligation must be surrendered
to the Paying Agent/Registrar for cancellation, and each Certificate of Obligation issued in exchange for
any portion of the Initial Certificate of Obligation shall have a single stated principal maturity date, and
shall not be payable in installments; and each such Certificate of Obligation shall have a principal
maturity date corresponding to the due date of the installment of principal or portion thereof for which the
substitute Certificate of Obligation is being exchanged; and each such Certificate of Obligation shall bear
interest at the single rate applicable to and borne by such installment of principal or portion thereof for
which it is being exchanged. If only a portion of the Initial Certificate of Obligation is assigned and
transferred, there shall be delivered to and registered in the name of the initial registered owner substitute
Certificates of Obligation in exchange for the unassigned balance of the Initial Certificate of Obligation in
the same manner as if the initial registered owner were the assignee thereof. If any Certificate of
Obligation or portion thereof other than the Initial Certificate of Obligation is assigned and transferred or
converted each Certificate of Obligation issued in exchange therefore shall have the same principal
maturity date and bear interest at the same rate as the Certificate of Obligation for which it is exchanged.
A form of assignment shall be printed or endorsed on each Certificate of Obligation, excepting the Initial
Certificate of Obligation, which shall be executed by the registered owner or its duly authorized attorney
or representative to evidence an assignment thereof. Upon surrender of any Certificates of Obligation or
any portion or portions thereof for transfer of registration, an authorized representative of the Paying
Agent/Registrar shall make such transfer in the Registration Books, and shall deliver a new fully
registered substitute Certificate of Obligation or Certificates of Obligation, having the characteristics
herein described, payable to such assignee or assignees (which then will be the registered owner or
owners of such new Certificate of Obligation or Certificates of Obligation), or to the previous registered
owner in case only a portion of a Certificate of Obligation is being assigned and transferred, all in
conversion of and exchange for said assigned Certificate of Obligation or Certificates of Obligation or
any portion or portions thereof, in the same form and manner, and with the same effect, as provided in
Section 6(d), below, for the conversion and exchange of Certificates of Obligation by any registered
owner of a Certificate of Obligation. The Issuer shall pay the Paying Agent/Registrar's standard or
customary fees and charges for making such transfer and delivery of a substitute Certificate of Obligation
or Certificates of Obligation, but the one requesting such transfer shall pay any taxes or other
governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be
required to make transfers of registration of any Certificate of Obligation or any portion thereof (i) during
the period commencing with the close of business on any Record Date and ending with the opening of
business on the next following principal or interest payment date, or, (ii) with respect to any Certificate of
Obligation or any portion thereof called for redemption prior to maturity, within 45 days prior to its
redemption date.
(b) Ownership of Certificates of Obligation. The entity in whose name any Certificate of
Obligation shall be registered in the Registration Books at any time shall be deemed and treated as the
absolute owner thereof for all purposes of this Ordinance, whether or not such Certificate of Obligation
shall be overdue, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the
contrary; and payment of, or on account of, the principal of, premium, if any, and interest on any such
Certificate of Obligation shall be made only to such registered owner. All such payments shall be valid
and effectual to satisfy and discharge the liability upon such Certificate of Obligation to the extent of the
sum or sums so paid.
(c) Payment of Certificates of Obligation and Interest. The Issuer hereby further appoints the
Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the
Certificates of Obligation, and to act as its agent to convert and exchange or replace Certificates of
Obligation, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all
10
payments made by the Issuer and the Paying Agent/Registrar with respect to the Certificates of
Obligation, and of all conversions and exchanges of Certificates of Obligation, and all replacements of
Certificates of Obligation, as provided in this Ordinance. However, in the event of a nonpayment of
interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such
interest payment )a "Special Record Date") will be established by the Paying Agent/Registrar, if and
when funds for the payment of such interest have been received from the Issuer. Notice of the Special
Record Date and of the scheduled payment date of the past due interest (which shall be fifteen (15) days
after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date
by United States mail, first class postage prepaid, to the address of each Certificate of Obligation holder
appearing on the Security Register at the close of business on the last business day next preceding the
date of mailing of such notice.
(d) Conversion and Exchange or Replacement; Authentication. Each Certificate of Obligation
issued and delivered pursuant to this Ordinance, to the extent of the unpaid or unredeemed principal
balance or principal amount thereof, may, upon surrender of such Certificate of Obligation at the
principal corporate trust office of the Paying Agent/Registrar, together with a written request therefore
duly executed by the registered owner or the assignee or assignees thereof, or its or their duly authorized
attorneys or representatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, may,
at the option of the registered owner or such assignee or assignees, as appropriate, be converted into and
exchanged for fully registered certificates of obligation, without interest coupons, in the form prescribed
in the FORM OF SUBSTITUTE CERTIFICATE OF OBLIGATION set forth in this Ordinance, in the
denomination of $5,000, or any integral multiple of $5,000 (subject to the requirement hereinafter stated
that each substitute Certificate of Obligation shall have a single stated maturity date), as requested in
writing by such registered owner or such assignee or assignees, in an aggregate principal amount equal to
the unpaid or unredeemed principal balance or principal amount of any Certificate of Obligation or
Certificates of Obligation so surrendered, and payable to the appropriate registered owner, assignee, or
assignees, as the case may be. If the Initial Certificate of Obligation is assigned and transferred or
converted each substitute Certificate of Obligation issued in exchange for any portion of the Initial
Certificate of Obligation shall have a single stated principal maturity date, and shall not be payable in
installments; and each such Certificate of Obligation shall have a principal maturity date corresponding to
the due date of the installment of principal or portion thereof for which the substitute Certificate of
Obligation is being exchanged; and each such Certificate of Obligation shall bear interest at the single rate
applicable to and borne by such installment of principal or portion thereof for which it is being
exchanged. If a portion of any Certificate of Obligation (other than the Initial Certificate of Obligation)
shall be redeemed prior to its scheduled maturity as provided herein, a substitute Certificate of Obligation
or Certificates of Obligation having the same maturity date, bearing interest at the same rate, in the
denomination or denominations of any integral multiple of $5,000 at the request of the registered owner,
and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the
registered owner upon surrender thereof for cancellation. If any Certificate of Obligation or portion
thereof (other than the Initial Certificate of Obligation) is assigned and transferred or converted, each
Certificate of Obligation issued in exchange therefore shall have the same principal maturity date and
bear interest at the same rate as the Certificate of Obligation for which it is being exchanged. Each
substitute Certificate of Obligation shall bear a letter and/or number to distinguish it from each other
Certificate of Obligation. The Paying Agent/Registrar shall convert and exchange or replace Certificates
of Obligation as provided herein, and each fully registered certificate of obligation delivered in
conversion of and exchange for or replacement of any Certificate of Obligation or portion thereof as
permitted or required by any provision of this Ordinance shall constitute one of the Certificates of
Obligation for all purposes of this Ordinance, and may again be converted and exchanged or replaced. It
is specifically provided that any Certificate of Obligation authenticated in conversion of and exchange for
11
or replacement of another Certificate of Obligation on or prior to the first scheduled Record Date for the
Initial Certificate of Obligation shall bear interest from the date of the Initial Certificate of Obligation, but
each substitute Certificate of Obligation so authenticated after such first scheduled Record Date shall bear
interest from the interest payment date next preceding the date on which such substitute Certificate of
Obligation was so authenticated, unless such Certificate of Obligation is authenticated after any Record
Date but on or before the next following interest payment date, in which case it shall bear interest from
such next following interest payment date; provided, however, that if at the time of delivery of any
substitute Certificate of Obligation the interest on the Certificate of Obligation for which it is being
exchanged is due but has not been paid, then such Certificate of Obligation shall bear interest from the
date to which such interest has been paid in full. THE INITIAL CERTIFICATE OF OBLIGATION
issued and delivered pursuant to this Ordinance is not required to be, and shall not be, authenticated by
the Paying Agent/Registrar, but on each substitute Certificate of Obligation issued in conversion of and
exchange for or replacement of any Certificate of Obligation or Certificates of Obligation issued under
this Ordinance there shall be printed a certificate, in the form substantially as follows:
"PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this Certificate of Obligation has been issued under the provisions of the
Certificate of Obligation Ordinance described on the face of this Certificate of Obligation; and that this
Certificate of Obligation has been issued in conversion of and exchange for or replacement of a certificate
of obligation, certificates of obligation, or a portion of a certificate of obligation or certificates of
obligation of an issue which originally was approved by the Attorney General of the State of Texas and
registered by the Comptroller of Public Accounts of the State of Texas.
__________________________
Paying Agent/Registrar
Dated __________________ By________________________
Authorized Representative"
An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such
Certificate of Obligation, date and manually sign the above Certificate, and no such Certificate of
Obligation shall be deemed to be issued or outstanding unless such Certificate is so executed. The Paying
Agent/Registrar promptly shall cancel all Certificates of Obligation surrendered for conversion and
exchange or replacement. No additional ordinances, orders, or resolutions need be passed or adopted by
the governing body of the Issuer or any other body or person so as to accomplish the foregoing
conversion and exchange or replacement of any Certificate of Obligation or portion thereof, and the
Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute
Certificates of Obligation in the manner prescribed herein, and said Certificates of Obligation shall be of
type composition printed on paper with lithographed or steel engraved borders of customary weight and
strength. Pursuant to Chapter 1201, Texas Government Code, the duty of conversion and exchange or
replacement of Certificates of Obligation as aforesaid is hereby imposed upon the Paying
Agent/Registrar, and, upon the execution of the above Paying Agent/Registrar's Authentication
Certificate, the converted and exchanged or replaced Certificate of Obligation shall be valid,
incontestable, and enforceable in the same manner and with the same effect as the Initial Certificate of
Obligation which originally was issued pursuant to this Ordinance, approved by the Attorney General,
and registered by the Comptroller of Public Accounts. The Issuer shall pay the Paying Agent/Registrar's
standard or customary fees and charges for transferring, converting, and exchanging any Certificate of
Obligation or any portion thereof, but the one requesting any such transfer, conversion, and exchange
shall pay any taxes or governmental charges required to be paid with respect thereto as a condition
precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall
12
not be required to make any such conversion and exchange or replacement of Certificates of Obligation or
any portion thereof (i) during the period commencing with the close of business on any Record Date and
ending with the opening of business on the next following principal or interest payment date, or, (ii) with
respect to any Certificate of Obligation or portion thereof called for redemption prior to maturity, within
45 days prior to its redemption date.
(e) In General. All Certificates of Obligation issued in conversion and exchange or replacement
of any other Certificate of Obligation or portion thereof, (i) shall be issued in fully registered form,
without interest coupons, with the principal of and interest on such Certificates of Obligation to be
payable only to the registered owners thereof, (ii) may be redeemed prior to their scheduled maturities,
(iii) may be transferred and assigned, (iv) may be converted and exchanged for other Certificates of
Obligation, (v) shall have the characteristics, (vi) shall be signed and sealed, and (vii) the principal of and
interest on the Certificates of Obligation shall be payable, all as provided, and in the manner required or
indicated, in the FORM OF SUBSTITUTE CERTIFICATE OF OBLIGATION set forth in this
Ordinance.
(f) Payment of Fees and Charges. The Issuer hereby covenants with the registered owners of the
Certificates of Obligation that it will (i) pay the standard or customary fees and charges of the Paying
Agent/Registrar for its services with respect to the payment of the principal of and interest on the
Certificates of Obligation, when due, and (ii) pay the fees and charges of the Paying Agent/Registrar for
services with respect to the transfer of registration of Certificates of Obligation, and with respect to the
conversion and exchange of Certificates of Obligation solely to the extent above provided in this
Ordinance.
(g) Substitute Paying Agent/Registrar. The Issuer covenants with the registered owners of the
Certificates of Obligation that at all times while the Certificates of Obligation are outstanding the Issuer
will provide a competent and legally qualified bank, trust company, financial institution, or other agency
to act as and perform the services of Paying Agent/Registrar for the Certificates of Obligation under this
Ordinance, and that the Paying Agent/Registrar will be one entity. The Issuer reserves the right to, and
may, at its option, change the Paying Agent/Registrar upon not less than 120 days written notice to the
Paying Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest
payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar
(or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such,
the Issuer covenants that promptly it will appoint a competent and legally qualified bank, trust company,
financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any
change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and
deliver the Registration Books (or a copy thereof), along with all other pertinent books and records
relating to the Certificates of Obligation, to the new Paying Agent/Registrar designated and appointed by
the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written
notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Certificates of
Obligation, by United States mail, first-class postage prepaid, which notice also shall give the address of
the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying
Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy
of this Ordinance shall be delivered to each Paying Agent/Registrar.
(h) Book-Entry Only System. The Certificates of Obligation issued in exchange for the
Certificates of Obligation initially issued to the purchaser specified herein shall be initially issued in the
form of a separate single fully registered Certificate of Obligation for each of the maturities thereof.
Upon initial issuance, the ownership of each such Certificate of Obligation shall be registered in the name
of Cede & Co., as nominee of Depository Trust Company of New York ("DTC"), and except as provided
13
in subsection (f) hereof, all of the outstanding Certificates of Obligation shall be registered in the name of
Cede & Co., as nominee of DTC.
With respect to Certificates of Obligation registered in the name of Cede & Co., as nominee of
DTC, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation to any DTC
Participant or to any person on behalf of whom such a DTC Participant holds an interest on the
Certificates of Obligation. Without limiting the immediately preceding sentence, the Issuer and the
Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the
records of DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in the
Certificates of Obligation, (ii) the delivery to any DTC Participant or any other person, other than a
Certificate of Obligation holder, as shown on the Registration Books, of any notice with respect to the
Certificates of Obligation, including any notice of redemption, or (iii) the payment to any DTC
Participant or any other person, other than a Certificate of Obligation holder, as shown in the Registration
Books of any amount with respect to principal of, premium, if any, or interest on, as the case may be, the
Certificates of Obligation. Notwithstanding any other provision of this Ordinance to the contrary, the
Issuer and the Paying Agent/Registrar shall be entitled to treat and consider the person in whose name
each Certificate of Obligation is registered in the Registration Books as the absolute owner of such
Certificate of Obligation for the purpose of payment of principal, premium, if any, and interest, as the
case may be, with respect to such Certificate of Obligation, for the purpose of giving notices of
redemption and other matters with respect to such Certificate of Obligation, for the purpose of registering
transfers with respect to such Certificate of Obligation, and for all other purposes whatsoever. The
Paying Agent/Registrar shall pay all principal of, premium, if any, and interest on the Certificates of
Obligation only to or upon the order of the respective owners, as shown in the Registration Books as
provided in this Ordinance, or their respective attorneys duly authorized in writing, and all such payments
shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to payment
of principal of, premium, if any, and interest on, or as the case may be, the Certificates of Obligation to
the extent of the sum or sums so paid. No person other than an owner, as shown in the Registration
Books, shall receive a Certificate of Obligation certificate evidencing the obligation of the Issuer to make
payments of principal, premium, if any, and interest, as the case may be, pursuant to this Ordinance.
Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has
determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this
Ordinance with respect to interest checks being mailed to the registered owner at the close of business on
the Record Date, the word "Cede & Co." in this Ordinance shall refer to such new nominee of DTC.
(i) Successor Securities Depository; Transfers Outside Book-Entry Only System. In the event
that the Issuer or the Paying Agent/Registrar determines that DTC is incapable of discharging its
responsibilities described herein and in the representation letter of the Issuer to DTC and that it is in the
best interest of the beneficial owners of the Certificates of Obligation that they be able to obtain
certificated Certificates of Obligation, the Issuer or the Paying Agent/Registrar shall (i) appoint a
successor securities depository, qualified to act as such under Section 17(a) of the Securities and
Exchange Act of 1934, as amended, notify DTC and DTC Participants of the appointment of such
successor securities depository and transfer one or more separate Certificates of Obligation to such
successor securities depository or (ii) notify DTC and DTC Participants of the availability through DTC
of Certificates of Obligation and transfer one or more separate Certificates of Obligation to DTC
Participants having Certificates of Obligation credited to their DTC accounts. In such event, the
Certificates of Obligation shall no longer be restricted to being registered in the Registration Books in the
name of Cede & Co., as nominee of DTC, but may be registered in the name of the successor securities
depository, or its nominee, or in whatever name or names Certificate of Obligation holders transferring or
exchanging Certificates of Obligation shall designate, in accordance with the provisions of this
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Ordinance.
(j) Payments to Cede & Co. Notwithstanding any other provision of this Ordinance to the
contrary, so long as any Certificate of Obligation is registered in the name of Cede & Co., as nominee of
DTC, all payments with respect to principal of, premium, if any, and interest on, or as the case may be,
such Certificate of Obligation and all notices with respect to such Certificate of Obligation shall be made
and given, respectively, in the manner provided in the representation letter of the Issuer to DTC.
Section 7. FORM OF SUBSTITUTE CERTIFICATES OF OBLIGATION. The form of all
Certificates of Obligation issued in conversion and exchange or replacement of any other Certificate of
Obligation or portion thereof, including the form of Paying Agent/Registrar's Certificate to be printed on
each of such Certificates of Obligation, and the Form of Assignment to be printed on each of the
Certificates of Obligation, shall be, respectively, substantially as follows, with such appropriate
variations, omissions, or insertions as are permitted or required by this Ordinance.
FORM OF SUBSTITUTE CERTIFICATE OF OBLIGATION
NO. ____ PRINCIPAL AMOUNT
$__________________
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF DALLAS AND DENTON
CITY OF COPPELL, TEXAS
COMBINATION TAX AND REVENUE
CERTIFICATE OF OBLIGATION, SERIES 2007
INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP NO.
September 1, 2007
ON THE MATURITY DATE specified above, THE CITY OF COPPELL (the "Issuer") in the
COUNTIES OF DALLAS AND DENTON, being a political subdivision of the State of Texas, hereby
promises to pay to
______________________________________________
or to the registered assignee hereof (either being hereinafter called the "registered owner") the principal
amount of
______________________________________________
and to pay interest thereon from September 1, 2007, to the maturity date specified above, or the date of
redemption prior to maturity, at the interest rate per annum specified above with interest being payable on
February 1, 2008, and semiannually on each August 1 and February 1 thereafter; except that if the date of
authentication of this Certificate of Obligation is later than January 15, 2008, such principal amount shall
bear interest from the interest payment date next preceding the date of authentication, unless such date of
authentication is after any Record Date (hereinafter defined) but on or before the next following interest
payment date, in which case such principal amount shall bear interest from such next following interest
payment date.
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THE PRINCIPAL OF AND INTEREST ON this Certificate of Obligation are payable in lawful
money of the United States of America, without exchange or collection charges. The principal of this
Certificate of Obligation shall be paid to the registered owner hereof upon presentation and surrender of
this Certificate of Obligation at maturity or upon the date fixed for its redemption prior to maturity, at the
principal corporate trust office of U.S. BANK NATIONAL ASSOCIATION, HOUSTON, TEXAS,
which is the "Paying Agent/Registrar" for this Certificate of Obligation. The payment of interest on this
Certificate of Obligation shall be made by the Paying Agent/Registrar to the registered owner hereof on
the interest payment date by check or draft, dated as of such interest payment date, drawn by the Paying
Agent/Registrar on, and payable solely from, funds of the Issuer required by the Ordinance authorizing
the issuance of the Certificates of Obligation (the "Certificate of Obligation Ordinance") to be on deposit
with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be
sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such
interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared
on the 15th day of the month next preceding such date (the "Record Date") on the Registration Books
kept by the Paying Agent/Registrar, as hereinafter described, or by such other method acceptable to the
Paying Agent/Registrar requested by, and at the risk and expense of, the registered owner. Any accrued
interest due upon the redemption of this Certificate of Obligation prior to maturity as provided herein
shall be paid to the registered owner at the principal corporate trust office of the Paying Agent/Registrar
upon presentation and surrender of this Certificate of Obligation for redemption and payment at the
principal corporate trust office of the Paying Agent/Registrar. The Issuer covenants with the registered
owner of this Certificate of Obligation that on or before each principal payment date, interest payment
date, and accrued interest payment date for this Certificate of Obligation, it will make available to the
Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Certificate of Obligation
Ordinance, the amounts required to provide for the payment, in immediately available funds, of all
principal of and interest on the Certificates of Obligation, when due.
IF THE DATE for the payment of the principal of or interest on this Certificate of Obligation
shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the
Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such
payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on
which banking institutions are authorized to close; and payment on such date shall have the same force
and effect as if made on the original date payment was due.
THIS CERTIFICATE OF OBLIGATION is one of an issue of Certificates of Obligation initially
dated September 1, 2007, authorized in accordance with the Constitution and laws of the State of Texas in
the principal amount of $9,100,000, for the purpose of paying, in whole or in part, contractual obligations
for (a) constructing and improving City sidewalks; (b) constructing an addition to City Fire Station No. 1;
(c) constructing and improving City streets; and (d) constructing and improving the City’s cemetery
including cemetery buildings and site work, and for paying legal, fiscal, and engineering fees in
connection with such projects.
ON FEBRUARY 1, 2017, or any date thereafter, the Certificates of Obligation of this Series may
be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any
available source, as a whole, or in part, and, if in part, the maturity or maturities of Certificates of
Obligation and the amounts thereof, to be redeemed shall be selected and designated by the Issuer, and
the Issuer shall direct the Paying Agent/Registrar to call by lot Certificates of Obligation, or portions
thereof within such maturities and in such principal amounts, for redemption (provided that a portion of
this Certificate of Obligation may be redeemed only in an integral multiple of $5,000), at the prepayment
or redemption price of the principal amount thereof, plus accrued interest to the date fixed for prepayment
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or redemption.
THE CERTIFICATES OF OBLIGATION OF THIS SERIES scheduled to mature on
FEBRUARY 1, 20__ are subject to mandatory redemption prior to their scheduled maturities, and
shall be redeemed by the Issuer, in part, prior to their scheduled maturities, with money from the
Mandatory Redemption Account of the Interest and Sinking Fund, with the particular Certificates of
Obligation or portion thereof to be redeemed to be selected by the Paying Agent/Registrar, by lot or
other customary method (provided that a portion of a Certificate of Obligation may be redeemed only
in an integral multiple of $5,000) at a redemption price equal to the par or principal amount thereof
and accrued interest to the date of redemption, on the dates, and in the principal amounts,
respectively, as shown in the following schedules:
FEBRUARY 1, 20 MATURITY
Mandatory Redemption Dates Principal Amounts
February 1, 20__ $
February 1, 20__ $
February 1, 20__ $
February 1, 20__ $ (payment at maturity)
The principal amount of the Certificates of Obligation required to be redeemed on each such redemption
date pursuant to the foregoing operation of the Mandatory Redemption Account shall be reduced, at the
option of the Issuer, by the principal amount of any Certificates of Obligation, which at least 45 days
prior to the mandatory sinking fund redemption date, (1) shall have been acquired by the Issuer and
delivered to the Paying Agent/Registrar for cancellation, or (2) shall have been purchased and canceled
by the Paying Agent/Registrar at the request of the Issuer at a price not exceeding the principal amount of
such Certificates of Obligation plus accrued interest to the date of purchase, or (3) have been redeemed
pursuant to the optional redemption provisions set forth above and not theretofore credited against a
mandatory sinking fund redemption. During any period in which ownership of the Certificates of
Obligation is determined by a book entry at a securities depository for the Certificates of Obligation, if
fewer than all of the Certificates of Obligation of the same maturity and bearing the same interest rate are
to be redeemed, the particular Certificates of Obligation of such maturity and bearing such interest rate
shall be selected in accordance with the arrangements between the Issuer and the securities depository.
AT LEAST 30 days prior to the date fixed for any redemption of Certificates of Obligation or
portions thereof prior to maturity a written notice of such redemption shall be sent by the Paying
Agent/Registrar by United States mail, first-class postage prepaid, not less than 30 days prior to the date
fixed for any such redemption, to the registered owner of each Certificate of Obligation to be redeemed at
its address as it appeared on the 45th day prior to such redemption date; provided, however, that the
failure to send, mail or receive such notice, or any defect therein or in the sending or mailing thereof,
shall not affect the validity or effectiveness of the proceedings for the redemption of any Certificate of
Obligation, and it is hereby specifically provided that the mailing of such notice as required above shall
be the only notice actually required in connection with or as a prerequisite to the redemption of any
Certificates of Obligations or portions thereof. By the date fixed for any such redemption due provision
shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the
Certificates of Obligation or portions thereof which are to be so redeemed, plus accrued interest thereon
to the date fixed for redemption. If such written notice of redemption is mailed and if due provision for
such payment is made, all as provided above, the Certificates of Obligation or portions thereof which are
17
to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities,
and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being
outstanding except for the right of the registered owner to receive the redemption price plus accrued
interest from the Paying Agent/Registrar out of the funds provided for such payment. If a portion of any
Certificate of Obligation shall be redeemed a substitute Certificate of Obligation or Certificates of
Obligation having the same maturity date, bearing interest at the same rate, in any denomination or
denominations in any integral multiple of $5,000, at the written request of the registered owner, and in
aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered
owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the
Certificate of Obligation Ordinance.
THIS CERTIFICATE OF OBLIGATION OR ANY PORTION OR PORTIONS HEREOF IN
ANY INTEGRAL MULTIPLE OF $5,000 may be assigned and shall be transferred only in the
Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for
the Certificates of Obligation, upon the terms and conditions set forth in the Certificate of Obligation
Ordinance. Among other requirements for such assignment and transfer, this Certificate of Obligation
must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of
assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar,
evidencing assignment of this Certificate of Obligation or any portion or portions hereof in any integral
multiple of $5,000 to the assignee or assignees in whose name or names this Certificate of Obligation or
any such portion or portions hereof is or are to be transferred and registered. The form of Assignment
printed or endorsed on this Certificate of Obligation shall be executed by the registered owner or its duly
authorized attorney or representative to evidence the assignment hereof. A new Certificate of Obligation
or Certificates of Obligation payable to such assignee or assignees (which then will be the new registered
owner or owners of such new Certificate of Obligation or Certificates of Obligation), or to the previous
registered owner in the case of the assignment and transfer of only a portion of this Certificate of
Obligation, may be delivered by the Paying Agent/Registrar in conversion of and exchange for this
Certificate of Obligation, all in the form and manner as provided in the next paragraph hereof for the
conversion and exchange of other Certificates of Obligation. The Issuer shall pay the Paying
Agent/Registrar's standard or customary fees and charges for making such transfer, but the one requesting
such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto.
The Paying Agent/Registrar shall not be required to make transfers of registration of this Certificate of
Obligation or any portion hereof (i) during the period commencing with the close of business on any
Record Date and ending with the opening of business on the next following principal or interest payment
date, or, (ii) with respect to any Certificate of Obligation or any portion thereof called for redemption
prior to maturity, within 45 days prior to its redemption date. The registered owner of this Certificate of
Obligation shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute
owner hereof for all purposes, including payment and discharge of liability upon this Certificate of
Obligation to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be
affected by any notice to the contrary.
ALL CERTIFICATES OF OBLIGATION OF THIS SERIES are issuable solely as fully
registered certificates of obligation, without interest coupons, in the denomination of any integral
multiple of $5,000. As provided in the Certificate of Obligation Ordinance, this Certificate of Obligation,
or any unredeemed portion hereof, may, at the request of the registered owner or the assignee or assignees
hereof, be converted into and exchanged for a like aggregate principal amount of fully registered
Certificates of Obligation, without interest coupons, payable to the appropriate registered owner,
assignee, or assignees, as the case may be, having the same maturity date, and bearing interest at the same
rate, in any denomination or denominations in any integral multiple of $5,000 as requested in writing by
the appropriate registered owner, assignee, or assignees, as the case may be, upon surrender of this
18
Certificate of Obligation to the Paying Agent/Registrar for cancellation, all in accordance with the form
and procedures set forth in the Certificate of Obligation Ordinance. The Issuer shall pay the Paying
Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging
any Certificate of Obligation or any portion thereof, but the one requesting such transfer, conversion, and
exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a
condition precedent to the exercise of such privilege of conversion and exchange. The Paying
Agent/Registrar shall not be required to make any such conversion and exchange (i) during the period
commencing with the close of business on any Record Date and ending with the opening of business on
the next following principal or interest payment date, or, (ii) with respect to any Certificate of Obligation
or portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date.
IN THE EVENT any Paying Agent/Registrar for the Certificates of Obligation is changed by the
Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate of
Obligation Ordinance that it promptly will appoint a competent and legally qualified substitute therefore,
and promptly will cause written notice thereof to be mailed to the registered owners of the Certificates of
Obligation.
IT IS HEREBY certified, recited, and covenanted that this Certificate of Obligation has been duly
and validly authorized, issued, sold, and delivered; that all acts, conditions, and things required or proper
to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this
Certificate of Obligation have been performed, existed, and been done in accordance with law; that this
Certificate of Obligation is a general obligation of the Issuer, issued on the full faith and credit thereof;
and that ad valorem taxes sufficient to provide for the payment of the interest on and principal of this
Certificate of Obligation, as such interest and principal come due, have been levied and ordered to be
levied against all taxable property in the Issuer, and have been pledged for such payment, within the limit
prescribed by law, and that this Certificate of Obligation is additionally secured by and payable from the
limited surplus revenues of the Issuer's Waterworks and Sewer System, remaining after payment of all
operation and maintenance expenses thereof, and all debt service, reserve, and other requirements in
connection with all of the Issuer's obligations (now or hereafter outstanding), which are payable from all
or any part of the net revenues of the Issuer's Waterworks and Sewer System.
BY BECOMING the registered owner of this Certificate of Obligation, the registered owner
thereby acknowledges all of the terms and provisions of the Certificate of Obligation Ordinance, agrees to
be bound by such terms and provisions, acknowledges that the Certificate of Obligation Ordinance is duly
recorded and available for inspection in the official minutes and records of the governing body of the
Issuer, and agrees that the terms and provisions of this Certificate of Obligation and the Certificate of
Obligation Ordinance constitute a contract between each registered owner hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Certificate of Obligation to be signed with
the manual or facsimile signature of the Mayor of the Issuer and countersigned with the manual or
facsimile signature of the City Secretary of the Issuer, and has caused the official seal of the Issuer to be
duly impressed, or placed in facsimile, on this Certificate of Obligation.
_______________________________ _______________________________
City Secretary Mayor
(CITY SEAL)
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FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
(To be executed if this Certificate of Obligation is not accompanied by an
executed Registration Certificate of the Comptroller of Public Accounts of the State of Texas)
It is hereby certified that this Certificate of Obligation has been issued under the provisions of the
Certificate of Obligation Ordinance described on the face of this Certificate of Obligation; and that this
Certificate of Obligation has been issued in conversion of and exchange for or replacement of a certificate
of obligation, certificates of obligation, or a portion of a certificate of obligation or certificates of
obligation of an issue which originally was approved by the Attorney General of the State of Texas and
registered by the Comptroller of Public Accounts of the State of Texas.
Dated U.S. Bank, National Association
By:
Authorized Representative
FORM OF ASSIGNMENT:
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned registered owner of this Certificate of Obligation, or
duly authorized representative or attorney thereof, hereby assigns this Certificate of Obligation to
(Assignee's Social Security or Tax
Payer Identification Number)
(Print or type Assignee's Name and Address Including
Zip Code)
and hereby irrevocably constitutes and appoints
attorney, to transfer the registration of this Certificate of Obligation on the Paying Agent/Registrar's
Registration Books with full power of substitution in the premises.
Dated _______________
NOTICE: This signature must be guaranteed
by a member of the New York Stock
Exchange or a commercial bank or trust
company.
NOTICE: This signature must correspond with
the name of the Registered Owner appearing on
the face of this Certificate of Obligation.
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Section 8. TAX LEVY. A special Interest and Sinking Fund (the "Interest and Sinking
Fund") is hereby created solely for the benefit of the Certificates of Obligation, together with a
Mandatory Redemption Account which shall mean that account established within the Interest and
Sinking Fund as provided herein, and the Interest and Sinking Fund shall be established and
maintained by the Issuer at an official depository bank of the Issuer. The Interest and Sinking Fund
shall be kept separate and apart from all other funds and accounts of the Issuer, and shall be used
only for paying the interest on and principal of the Certificates of Obligation. All ad valorem taxes
levied and collected for and on account of the Certificates of Obligation shall be deposited, as
collected, to the credit of the Interest and Sinking Fund. During each year while any of the
Certificates of Obligation or interest thereon are outstanding and unpaid, the governing body of the
Issuer shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to
raise and produce the money required to pay the interest on the Certificates of Obligation as such
interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of its
Certificates of Obligation as such principal matures (but never less than 2% of the original principal
amount of the Certificates of Obligation as a sinking fund each year), including such amounts to
satisfy the mandatory redemption schedule for the Certificates of Obligation maturing February 1,
20__, which shall be deposited into the Mandatory Redemption Account, with such mandatory
redemption of principal and interest constituting payment at maturity, on the dates and for the
amount as follows:
FEBRUARY 1, 20 MATURITY
Mandatory Redemption Dates Principal Amounts
February 1, 20__ $
February 1, 20__ $
February 1, 20__ $
February 1, 20__ $ (payment at maturity)
Said tax shall be based on the latest approved tax rolls of the Issuer, with full allowance being made
for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby
levied, and is hereby ordered to be levied, against all taxable property in the Issuer for each year
while any of the Certificates of Obligation or interest thereon are outstanding and unpaid; and said
tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest
and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and
principal of the Certificates of Obligation, as such interest comes due and such principal matures, are
hereby pledged for such payment, within the limit prescribed by law.
Chapter 1208, Government Code, applies to the issuance of the Certificates of Obligation and
the pledge of the taxes granted by the Issuer under this Section, and is therefore valid, effective, and
perfected. Should Texas law be amended at any time while the Certificates of Obligation are
outstanding and unpaid, the result of such amendment being that the pledge of the taxes granted by
the Issuer under this Section is to be subject to the filing requirements of Chapter 9, Business &
Commerce Code, in order to preserve to the registered owners of the Certificates of Obligation a
security interest in said pledge, the Issuer agrees to take such measures as it determines are
reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9,
Business & Commerce Code and enable a filing of a security interest in said pledge to occur.
21
Section 9. REVENUES. That said Certificates of Obligation, together with other
obligations of the Issuer, are additionally secured by and shall be payable from and secured by the
collection of the revenues of the Issuer's Waterworks and Sewer System, after payment of all operation
and maintenance expenses thereof, and all debt service, reserve, and other requirements in connection
with all of the Issuer's revenue bonds or other obligations (now or hereafter outstanding), which are
payable from all or any part of the net revenues of the Issuer's Waterworks and Sewer System, not to
exceed $1,000, constituting "Surplus Revenues". The Issuer shall deposit such Surplus Revenues to the
credit of the Interest and Sinking Fund created pursuant to Section 8, to the extent necessary to pay the
principal and interest on the Certificates of Obligation. Notwithstanding the requirements of Section 8, if
revenues are actually on deposit or budgeted for deposit in the Interest and Sinking Fund in advance of
the time when ad valorem taxes are scheduled to be levied for any year, then the amount of taxes which
otherwise would have been required to be levied pursuant to Section 8 may be reduced to the extent and
by the amount of the revenues then on deposit in the Interest and Sinking Fund or budgeted for deposit
therein.
Section 10. TRANSFER. That the Mayor and the City Secretary are hereby ordered to do
any and all things necessary to accomplish the transfer of monies to the Interest and Sinking Fund of this
issue in ample time to pay such items of principal and interest.
Section 11. DEFEASANCE OF CERTIFICATES OF OBLIGATION. (a) Any Certificate of
Obligation and the interest thereon shall be deemed to be paid, retired, and no longer outstanding (a
"Defeased Certificate of Obligation") within the meaning of this Ordinance, except to the extent provided
in subsection (d) of this Section, when payment of the principal of such Certificate of Obligation, plus
interest thereon to the due date (whether such due date be by reason of maturity or otherwise) either (i)
shall have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been
provided for on or before such due date by irrevocably depositing with or making available to the Paying
Agent/Registrar in accordance with an escrow agreement or other instrument (the "Future Escrow
Agreement") for such payment (1) lawful money of the United States of America sufficient to make such
payment or (2) Defeasance Securities that mature as to principal and interest in such amounts and at such
times as will insure the availability, without reinvestment, of sufficient money to provide for such
payment, and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar
for the payment of its services until all Defeased Certificates of Obligation shall have become due and
payable. At such time as a Certificate of Obligation shall be deemed to be a Defeased Certificate of
Obligation hereunder, as aforesaid, such Certificate of Obligation and the interest thereon shall no longer
be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged
as provided in this Ordinance, and such principal and interest shall be payable solely from such money or
Defeasance Securities. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby
provided that any determination not to redeem Defeased Certificates of Obligation that is made in
conjunction with the payment arrangements specified in subsection 11(a)(i) or (ii) shall not be
irrevocable, provided that: (1) in the proceedings providing for such payment arrangements, the Issuer
expressly reserves the right to call the Defeased Certificates of Obligation for redemption; (2) gives notice
of the reservation of that right to the owners of the Defeased Certificate of Obligations immediately
following the making of the payment arrangements; and (3) directs that notice of the reservation be
included in any redemption notices that it authorizes.
(b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the
Issuer also be invested in Defeasance Securities, maturing in the amounts and times as hereinbefore set
forth, and all income from such Defeasance Securities received by the Paying Agent/Registrar that is not
required for the payment of the Certificates of Obligation and interest thereon, with respect to which such
22
money has been so deposited, shall be turned over to the Issuer, or deposited as directed in writing by the
Issuer. Any Future Escrow Agreement pursuant to which the money and/or Defeasance Securities are
held for the payment of Defeased Certificates of Obligation may contain provisions permitting the
investment or reinvestment of such moneys in Defeasance Securities or the substitution of other
Defeasance Securities upon the satisfaction of the requirements specified in subsection 11(a)(i) or (ii).
All income from such Defeasance Securities received by the Paying Agent/Registrar which is not required
for the payment of the Defeased Certificates of Obligation, with respect to which such money has been so
deposited, shall be remitted to the Issuer or deposited as directed in writing by the Issuer.
(c) The term "Defeasance Securities" means (i) direct, noncallable obligations of the United
States of America, including obligations that are unconditionally guaranteed by the United States of
America., (ii) noncallable obligations of an agency or instrumentality of the United States of America,
including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and
that, on the date of the purchase thereof are rated as to investment quality by a nationally recognized
investment rating firm not less than AAA or its equivalent, and (iii) noncallable obligations of a state or
an agency or a county, municipality, or other political subdivision of a state that have been refunded and
that, on the date the governing body of the Issuer adopts or approves the proceedings authorizing the
financial arrangements are rated as to investment quality by a nationally recognized investment rating
firm not less than AAA or its equivalent.
(d) Until all Defeased Certificates of Obligation shall have become due and payable, the Paying
Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Certificates of
Obligation the same as if they had not been defeased, and the Issuer shall make proper arrangements to
provide and pay for such services as required by this Ordinance.
(e) In the event that the Issuer elects to defease less than all of the principal amount of
Certificates of Obligation of a maturity, the Paying Agent/Registrar shall select, or cause to be selected,
such amount of Certificates of Obligation by such random method as it deems fair and appropriate.
Section 12. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED
CERTIFICATES OF OBLIGATION. (a) Replacement Certificates of Obligation. In the event any
outstanding Certificate of Obligation is damaged, mutilated, lost, stolen, or destroyed, the Paying
Agent/Registrar shall cause to be printed, executed, and delivered, a new certificate of obligation of the
same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed
Certificate of Obligation, in replacement for such Certificate of Obligation in the manner hereinafter
provided.
(b) Application for Replacement Certificates of Obligation. Application for replacement of
damaged, mutilated, lost, stolen, or destroyed Certificates of Obligation shall be made by the registered
owner thereof to the Paying Agent/Registrar. In every case of loss, theft, or destruction of a Certificate of
Obligation, the registered owner applying for a replacement certificate of obligation shall furnish to the
Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them to save
each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or
destruction of a Certificate of Obligation, the registered owner shall furnish to the Issuer and to the
Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Certificate
of Obligation, as the case may be. In every case of damage or mutilation of a Certificate of Obligation,
the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Certificate of
Obligation so damaged or mutilated.
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(c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the event
any such Certificate of Obligation shall have matured, and no default has occurred which is then
continuing in the payment of the principal of, redemption premium, if any, or interest on the Certificate of
Obligation, the Issuer may authorize the payment of the same (without surrender thereof except in the
case of a damaged or mutilated Certificate of Obligation) instead of issuing a replacement Certificate of
Obligation, provided security or indemnity is furnished as above provided in this Section.
(d) Charge for Issuing Replacement Certificates of Obligation. Prior to the issuance of any
replacement certificate of obligation, the Paying Agent/Registrar shall charge the registered owner of such
Certificate of Obligation with all legal, printing, and other expenses in connection therewith. Every
replacement certificate of obligation issued pursuant to the provisions of this Section by virtue of the fact
that any Certificate of Obligation is lost, stolen, or destroyed shall constitute a contractual obligation of
the Issuer whether or not the lost, stolen, or destroyed Certificate of Obligation shall be found at any time,
or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and
proportionately with any and all other Certificates of Obligation duly issued under this Ordinance.
(e) Authority for Issuing Replacement Certificates of Obligation. In accordance with Chapter
1201, Local Government Code, this Section 12 of this Ordinance shall constitute authority for the
issuance of any such replacement certificate of obligation without necessity of further action by the
governing body of the Issuer or any other body or person, and the duty of the replacement of such
certificates of obligation is hereby authorized and imposed upon the Paying Agent/Registrar, and the
Paying Agent/Registrar shall authenticate and deliver such Certificates of Obligation in the form and
manner and with the effect, as provided in Section 6(d) of this Ordinance for Certificates of Obligation
issued in conversion and exchange for other Certificates of Obligation.
Section 13. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES OF
OBLIGATION; BOND COUNSEL'S OPINION; CUSIP NUMBERS AND CONTINGENT
INSURANCE PROVISION, IF OBTAINED. The Mayor of the Issuer is hereby authorized to have
control of the Initial Certificate of Obligation issued hereunder and all necessary records and proceedings
pertaining to the Initial Certificate of Obligation pending its delivery and its investigation, examination,
and approval by the Attorney General of the State of Texas, and its registration by the Comptroller of
Public Accounts of the State of Texas. Upon registration of the Initial Certificate of Obligation said
Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall
manually sign the Comptroller's Registration Certificate on the Initial Certificate of Obligation, and the
seal of said Comptroller shall be impressed, or placed in facsimile, on the Initial Certificate of Obligation.
The approving legal opinion of the Issuer's bond counsel and the assigned CUSIP numbers may, at the
option of the Issuer, be printed on the Initial Certificate of Obligation or on any Certificates of Obligation
issued and delivered in conversion of and exchange or replacement of any Certificate of Obligation, but
neither shall have any legal effect, and shall be solely for the convenience and information of the
registered owners of the Certificates of Obligation. In addition, if bond insurance is obtained, the
Certificates of Obligation may bear an appropriate legend as provided by the insurer.
Section 14. COVENANTS REGARDING TAX EXEMPTION. (a) Covenants. The Issuer
covenants to take any action necessary to assure, or refrain from any action that would adversely affect,
the treatment of the Certificates of Obligation as obligations described in section 103 of the Code, the
interest on which is not includable in the "gross income" of the Certificates of Obligation holder for
purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows:
(1) to take any action to assure that no more than 10 percent of the proceeds of the
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Certificates of Obligation (less amounts deposited to a reserve fund, if any) are used for any "private
business use," as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds or
the projects financed therewith are so used, such amounts, whether or not received by the Issuer, with
respect to such private business use, do not, under the terms of this Ordinance or any underlying
arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt
service on the Certificates of Obligation, in contravention of section 141(b)(2) of the Code;
(2) to take any action to assure that in the event that the "private business use" described in
subsection (1) hereof exceeds 5 percent of the proceeds of the Certificates of Obligation or the projects
financed therewith (less amounts deposited into a reserve fund, if any) then the amount in excess of 5
percent is used for a "private business use" that is "related" and not "disproportionate," within the
meaning of section 141(b)(3) of the Code, to the governmental use;
(3) to take any action to assure that no amount that is greater than the lesser of $5,000,000, or
5 percent of the proceeds of the Certificates of Obligation (less amounts deposited into a reserve fund, if
any) is directly or indirectly used to finance loans to persons, other than state or local governmental units,
in contravention of section 141(c) of the Code;
(4) to refrain from taking any action that would otherwise result in the Certificates of
Obligation being treated as "private activity bonds" within the meaning of section 141(b) of the Code;
(5) to refrain from taking any action that would result in the Certificates of Obligation being
"federally guaranteed" within the meaning of section 149(b) of the Code;
(6) to refrain from using any portion of the proceeds of the Certificates of Obligation,
directly or indirectly, to acquire or to replace funds that were used, directly or indirectly, to acquire
investment property (as defined in section 148(b)(2) of the Code) that produces a materially higher yield
over the term of the Certificates of Obligation, other than investment property acquired with –
(A) proceeds of the Certificates of Obligation invested for a reasonable temporary period of 3
years or less or, in the case of a refunding Certificate of Obligation, for a period of 30 days or less
until such proceeds are needed for the purpose for which the Certificates of Obligation are issued,
(B) amounts invested in a bona fide debt service fund, within the meaning of section 1.148-
1(b) of the Treasury Regulations, and
(C) amounts deposited in any reasonably required reserve or replacement fund to the extent
such amounts do not exceed 10 percent of the proceeds of the Certificates of Obligation;
(7) to otherwise restrict the use of the proceeds of the Certificates of Obligation or amounts
treated as proceeds of the Certificates of Obligation, as may be necessary, so that the Certificates of
Obligation do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage)
and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); and
(8) to pay to the United States of America at least once during each five-year period
(beginning on the date of delivery of the Certificates of Obligation) an amount that is at least equal to 90
percent of the "Excess Earnings," within the meaning of section 148(f) of the Code and to pay to the
United States of America, not later than 60 days after the Certificates of Obligation have been paid in full,
100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of
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the Code.
(b) Rebate Fund. In order to facilitate compliance with the above covenant (a)(8), a "Rebate
Fund" is hereby established by the Issuer for the sole benefit of the United States of America, and such
Fund shall not be subject to the claim of any other person, including without limitation the Certificate of
Obligation holders. The Rebate Fund is established for the additional purpose of compliance with section
148 of the Code.
(c) Use of Proceeds. For purposes of the foregoing covenants (a)(1) and (a)(2), the Issuer
understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury
Regulations and, in the case of refunding Certificates of Obligation, transferred proceeds (if any) and
proceeds of the refunded Certificates of Obligation expended prior to the date of issuance of the
Certificates of Obligation. It is the understanding of the Issuer that the covenants contained herein are
intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S.
Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter
promulgated that modify or expand provisions of the Code, as applicable to the Certificates of Obligation,
the Issuer will not be required to comply with any covenant contained herein to the extent that such
failure to comply, in the opinion of nationally recognized bond counsel, will not adversely affect the
exemption from federal income taxation of interest on the Certificates of Obligation under section 103 of
the Code. In the event that regulations or rulings are hereafter promulgated that impose additional
requirements applicable to the Certificates of Obligation, the Issuer agrees to comply with the additional
requirements to the extent necessary, in the opinion of nationally recognized bond counsel, to preserve the
exemption from federal income taxation of interest on the Certificates of Obligation under section 103 of
the Code. In furtherance of such intention, the Issuer hereby authorizes and directs the Mayor to execute
any documents, certificates or reports required by the Code and to make such elections, on behalf of the
Issuer, that may be permitted by the Code as are consistent with the purpose for the issuance of the
Certificates of Obligation.
Section 15. ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR THE
PROJECT. The Issuer covenants to account for the expenditure of sale proceeds and investment earnings
to be used for the purposes described in Section 1 of this Ordinance (the "Project") on its books and
records by allocating proceeds to expenditures within 18 months of the later of the date that (1) the
expenditure is made, or (2) the Project is completed. The foregoing notwithstanding, the Issuer shall not
expend sale proceeds or investment earnings thereon more than 60 days after the earlier of (1) the fifth
anniversary of the delivery of the Certificates of Obligation, or (2) the date the Certificates of Obligation
are retired, unless the Issuer obtains an opinion of nationally-recognized bond counsel that such
expenditure will not adversely affect the tax-exempt status of the Certificates of Obligation for purposes
hereof, the Issuer shall not be obligated to comply with this covenant if it obtains an opinion that such
failure to comply will not adversely affect the excludability for federal income tax purposes from gross
income of the interest.
Section 16. DISPOSITION OF PROJECT. The Issuer covenants that the property
constituting the Project will not be sold or otherwise disposed in a transaction resulting in the receipt by
the Issuer of cash or other compensation, unless the Issuer obtains an opinion of nationally-recognized
Certificate of Obligation counsel that such sale or other disposition will not adversely affect the tax-
exempt status of the Certificates of Obligation. For purposes of the foregoing, the portion of the property
comprising personal property and disposed in the ordinary course shall not be treated as a transaction
resulting in the receipt of cash or other compensation. For purposes hereof, the Issuer shall not be
obligated to comply with this covenant if it obtains an opinion that such failure to comply will not
adversely affect the excludability for federal income tax purposes from gross income of the interest.
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Section 17. DESIGNATION AS QUALIFIED TAX-EXEMPT OBLIGATIONS. The Issuer
hereby designates the Certificates of Obligation as "qualified tax-exempt obligations" as defined in
Section 265(b)(3) of the Code. In furtherance of such designation, the Issuer represents, covenants and
warrants the following: (a) that during the calendar year in which the Certificates of Obligation are issued,
the Issuer (including any subordinate entities) has not designated nor will designate obligations, which
when aggregated with the Certificates of Obligation, will result in more than $10,000,000 of "qualified
tax-exempt obligations" being issued; and (b) that the Issuer reasonably anticipates that the amount of tax-
exempt obligations issued, during the calendar year in which the Certificates of Obligation are issued, by
the Issuer (or any subordinate entities) will not exceed $10,000,000.
Section 18. CONTINUING DISCLOSURE. (a) Annual Reports. (i) The Issuer shall provide
annually to each NRMSIR and any SID, within six months after the end of each fiscal year ending in or
after 2007, financial information and operating data with respect to the Issuer of the general type included
in the final Official Statement authorized by Section 19 of this Ordinance, being the information
described in Exhibit A. Any financial statements so to be provided shall be prepared in accordance with
the accounting principles described in Exhibit A thereto, or such other accounting principles as the Issuer
may be required to employ from time to time pursuant to state law or regulation, and audited, if the Issuer
commissions an audit of such statements and the audit is completed within the period during which they
must be provided. If the audit of such financial statements is not complete within such period, then the
Issuer shall provide unaudited financial statements for such period, and shall provide audited financial
statements for the applicable fiscal year to each NRMSIR and any SID, when and if the audit report on
such statements become available.
(ii) If the Issuer changes its fiscal year, it will notify each NRMSIR and any SID of the change
(and of the date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be
required to provide financial information and operating data pursuant to this Section. The financial
information and operating data to be provided pursuant to this Section may be set forth in full in one or
more documents or may be included by specific reference to any document (including an official
statement or other offering document, if it is available from the MSRB) that theretofore has been provided
to each NRMSIR and any SID or filed with the SEC.
(b) Material Event Notices. The Issuer shall notify any SID and either each NRMSIR or the
MSRB, in a timely manner, of any of the following events with respect to the Certificates of Obligation, if
such event is material within the meaning of the federal securities laws:
1. Principal and interest payment delinquencies;
2. Non-payment related defaults;
3. Unscheduled draws on debt service reserves reflecting financial difficulties;
4. Unscheduled draws on credit enhancements reflecting financial difficulties;
5. Substitution of credit or liquidity providers, or their failure to perform;
6. Adverse tax opinions or events affecting the tax-exempt status of the Certificates of
Obligation;
7. Modifications to rights of holders of the Certificates of Obligation;
8. Certificate of Obligation calls;
9. Defeasances;
10. Release, substitution, or sale of property securing repayment of the Certificates of
Obligation; and
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11. Rating changes.
The Issuer shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure
by the Issuer to provide financial information or operating data in accordance with subsection (a) of this
Section by the time required by such subsection.
(c) Limitations, Disclaimers and Amendments. (i) The Issuer shall be obligated to observe and
perform the covenants specified in this Section for so long as, but only for so long as, the Issuer remains
an "obligated person" with respect to the Certificates of Obligation within the meaning of the Rule, except
that the Issuer in any event will give notice of any deposit made in accordance with this Ordinance or
applicable law that causes Certificates of Obligation no longer to be outstanding.
(ii) The provisions of this Section are for the sole benefit of the holders and beneficial owners of
the Certificates of Obligation, and nothing in this Section, express or implied, shall give any benefit or
any legal or equitable right, remedy, or claim hereunder to any other person. The Issuer undertakes to
provide only the financial information, operating data, financial statements, and notices which it has
expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other
information that may be relevant or material to a complete presentation of the Issuer's financial results,
condition, or prospects or hereby undertake to update any information provided in accordance with this
Section or otherwise, except as expressly provided herein. The Issuer does not make any representation
or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates of
Obligation at any future date.
(iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE HOLDER
OR BENEFICIAL OWNER OF ANY CERTIFICATE OF OBLIGATION OR ANY OTHER PERSON,
IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY
BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF
ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY
SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH
SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE.
(iv) No default by the Issuer in observing or performing its obligations under this Section shall
comprise a breach of or default under the Ordinance for purposes of any other provision of this
Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties
of the Issuer under federal and state securities laws.
(v) The provisions of this Section may be amended by the Issuer from time to time to adapt to
changed circumstances that arise from a change in legal requirements, a change in law, or a change in the
identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions of this Section, as
so amended, would have permitted an underwriter to purchase or sell Certificates of Obligation in the
primary offering of the Certificates of Obligation in compliance with the Rule, taking into account any
amendments or interpretations of the Rule since such offering as well as such changed circumstances and
(2) either (a) the holders of a majority in aggregate principal amount (or any greater amount required by
any other provision of this Ordinance that authorizes such an amendment) of the outstanding Certificates
of Obligation consent to such amendment or (b) a person that is unaffiliated with the Issuer (such as bond
counsel) determined that such amendment will not materially impair the interest of the holders and
beneficial owners of the Certificates of Obligation. If the Issuer so amends the provisions of this Section,
it shall include with any amended financial information or operating data next provided in accordance
with subsection (a) of this Section an explanation, in narrative form, of the reason for the amendment and
of the impact of any change in the type of financial information or operating data so provided. The Issuer
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may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or
repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment that such
provisions of the Rule are invalid, but only if and to the extent that the provisions of this sentence would
not prevent an underwriter from lawfully purchasing or selling Certificates of Obligation in the primary
offering of the Certificates of Obligation.
(d) Definitions. As used in this Section, the following terms have the meanings ascribed to such
terms below:
"MSRB" means the Municipal Securities Rulemaking Board.
"NRMSIR" means each person whom the SEC or its staff has determined to be a nationally
recognized municipal securities information repository within the meaning of the Rule from time to time.
"Rule" means SEC Rule 15c2-12, as amended from time to time.
"SEC" means the United States Securities and Exchange Commission.
"SID" means any person designated by the State of Texas or an authorized department, officer, or
agency thereof as, and determined by the SEC or its staff to be, a state information depository within the
meaning of the Rule from time to time.
Section 19. SALE OF CERTIFICATES OF OBLIGATION AND USE OF NET PREMIUM.
(a) The Initial Certificate of Obligation is hereby sold and shall be delivered to COASTAL
SECURITIES (the "Underwriter") for cash for the price of $____________, being the par value of
$_________ thereof, less an original issue discount to the Underwriter of $________, plus a reoffering
premium of $_________, less an Underwriter’s discount of $________ plus accrued interest (accrued
interest to be deposited into the Interest and Sinking Fund) to the date of delivery pursuant to the terms
and provisions of a Purchase Agreement with the Underwriter. It is hereby officially found, determined,
and declared that the Initial Certificate of Obligation has been sold pursuant to the terms and provisions of
a Purchase Agreement in substantially the form attached hereto as Exhibit B, which the Mayor of the
Issuer is hereby authorized and directed to execute and deliver and which the City Secretary of the issuer
is hereby authorized and directed to attest. It is hereby officially found, determined, and declared that the
terms of this sale are the most advantageous reasonably obtainable. The Initial Certificate of Obligation
shall be registered in the name of COASTAL SECURITIES.
Section 20. APPROVAL OF OFFICIAL STATEMENT. The Issuer hereby approves the
form and content of the Official Statement relating to the Certificates of Obligation and any addenda,
supplement or amendment thereto, and approves the distribution of such Official Statement in the
reoffering of the Certificates of Obligation by the Underwriter in final form, with such changes therein or
additions thereto as the officer executing the same may deem advisable, such determination to be
conclusively evidenced by his execution thereof. The Preliminary Official Statement, dated September 4,
2007, is hereby approved and deemed final as of its date, as required by SEC Rule 15-2-12, and the
distribution and use of the Preliminary Official Statement prior to the date hereof is hereby ratified and
confirmed.
Section 21. INSURANCE. The Issuer approves the insurance of the Certificates of
Obligation by _____________________________, and the payment of such premium and covenants to
comply with all terms of the insurance commitment attached hereto as Exhibit C, which terms are hereby
29
adopted.
Section 22. INTEREST EARNINGS ON CERTIFICATES OF OBLIGATION PROCEEDS.
The earnings derived from the investment of proceeds from the sale of the Certificates of Obligation shall
be used along with other Certificates of Obligation proceeds as described in Section 1 hereof; provided
that after completion of such project, if any of such interest earnings remain on hand, such interest
earnings shall be deposited in the Interest and Sinking Fund. It is further provided, however, that interest
earnings on the Certificates of Obligation proceeds which are required to be rebated to the United States
of America pursuant to Section 14 hereof in order to prevent the Certificates of Obligation from being
arbitrage bonds shall be so rebated and not considered as interest earnings for the purpose of this Section.
Section 23. PUBLIC NOTICE. It is hereby officially found and determined that public
notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas
Government Code, and no petition was received from the qualified electors of the Issuer protesting the
issuance of such Certificates of Obligation.
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EXHIBIT A
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 18 of this Ordinance.
I. Annual Financial Statements and Operating Data
The financial information and operating data with respect to the Issuer to be provided annually in
accordance with such Section are as specified (and included in the Appendix or under the headings of the
Official Statement and Tables referred to) below:
Table Nos. 1 through 6, and 8 through 15 and in Appendix B
Accounting Principles
The accounting principles referred to in such Section are the accounting principles described in
the notes to the financial statements referred to in paragraph 1 above.
EXHIBIT B
PURCHASE AGREEMENT
THE PURCHASE AGREEMENT IS OMITTED AT THIS POINT AS IT APPEARS
ELSEWHERE IN THE TRANSCRIPT.
EXHIBIT C
INSURANCE COMMITMENT
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
September 11, 2007
11
✔
PUBLIC HEARING
Consider approval of the Amberpoint Business Park at Coppell, Lot 2R-1R and Lot 2R-3, Block A, Replat, being a replat
of 55.69 acres of property into two lots, Lot 2R-1R, containing 36.66 acres and Lot 2R-3 containing 19.36 acres, allow for
separate ownership, on property located at the southeast corner of Sandy Lake Road and Northpoint Drive.
The following P&Z conditions remain outstanding:
1) Change “TXU Electric Delivery” to Oncor.
2) Move the former lot information (Lot 2R-1, Block A) and the bolded acreage information from the middle of Lot 1R1
to span the property line of the two lots being platted.
On August 30, 2007, the Planning Commission unanimously
recommended approval of this zoning change (xxx), subject to the
above-stated conditions. Commissioners Haas, Kittrell, Borchgardt,
Fox, Reese and Frnka voted in favor, none opposed.
Staff recommends APPROVAL.
@01ABPC, L2R-1R, L2R-3, BA, RP, 1-AR
ITEM #4
PAGE 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Amberpoint Business Park at Coppell, Lot 2R-1R and Lot 2R-3, Block A, Replat
P&Z HEARING DATE: August 16, 2007 (Rescheduled to August 30, 2007)
C.C. HEARING DATE: September 11, 2007
STAFF REP: Matt Steer, City Planner
LOCATION: The southeast corner of Sandy Lake Road and Northpoint Drive
SIZE OF AREA: 55.69 acres of property
CURRENT ZONING: LI (Light Industrial)
REQUEST: Replat of 55.69 acres of property into two lots, Lot 2R-1R,
containing 36.66 acres and Lot 2R-3 containing 19.36 acres,
allowing for separate ownerships.
APPLICANT: Engineer:
Brandon Luedke, EIT
Halff Associates, Inc.
1201 N. Bowser Road
Richardson, Texas 75081
Phone: 214-217-6648
Fax: 214-739-0095
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,
• Variances to the Perimeter Landscape Requirements, and
ITEM #4
PAGE 2 of 3
• 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 were also
approved at that time. The building has since been constructed
and is occupied by Somera Communications.
In October 2002, Council approved PD-194R, a Detail Site Plan and
Replat to allow the construction of Staples, 228,250-square-foot
office/warehouse facility with future expansion of 161,750 square
feet.
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, Detail Site Plan, to allow
the development of three office/warehouse buildings, totaling
approximately 714,010 square feet located south of Sandy Lake Road
between Northpoint Drive and Freeport Parkway, formerly State
Road.
In January 2007, Council approved a replat of Amberpoint Business
Park Lot 2R, Block A, into Lot 2R-1 (55.7 acres of office/warehouse use)
and Lot 2R-2X (8.6 acre drainage area).
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-foot
C2U two-lane undivided thoroughfare with 60-foot 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.
ITEM #4
PAGE 3 of 3
DISCUSSION: This is a request to divide the 55.7-acre, Lot 2R-1, into two lots. As
mentioned in the HISTORY Section, Lot 2R-1 was established in
January of this year as a result of a replat dividing out 8.6 acres of
detention area from a 64.29-acre lot, leaving 55.7-acres. The
northern portion (Lot 2R-1R, 36.3 acres) is developed with three
buildings totaling 714,000 square feet and the southern portion (Lot
2R-3, 19.4 acres) is currently vacant, although conceptually
planned to accommodate a 319,000-square-foot
office/warehouse.
This replat is simply a request from the owner to divide the vacant
property from the developed property for the purpose of land sale,
and a replat will be required to be submitted along with a detail
PD (including a site plan, landscape plan, and elevations) for
approval prior to any permits being approved for Lot 2R-3, Block A.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of this request subject to the
following conditions:
1) Change “TXU Electric Delivery” to Oncor.
2) Move the former lot information (Lot 2R-1, Block A) and the
bolded acreage information from the middle of Lot 1R1 to
span the property line of the two lots being platted.
ALTERNATIVES:
1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
ATTACHMENTS: 1) Replat
N89^28’45"W
20.00’
S00^31’15"W
22.58’
SANDY LAKE ROAD
FREEPORT NORTHVOL. 84203, PG. 1835CITY OF COPPELL
VOL. 96164, PG. 207
1/2 " F.I.R.
W/CAP
N89^44’06"W 15.00’
1/2 " F.I.R.
W/BRITTAIN &
CRAWFORD CAP
S00^15’34"W
10.00’
1/2 " S.I.R.
W/CAP
ZONE "AE"
ZONE "X"
(SHADED)
ZONE "X"
(UNSHADED)
FLOODPLAIN LIMIT LINES
(APPROXIMATE LOCATION-
AS SCALED FROM FEMA
FLOOD INSURANCE MAP
NUMBER 48113C0135 J
DATED: AUG. 23, 2001)
1/2 " F.I.R.
W/CAP
S89^44’26"E
265.56’
N89^44’06"W
1,979.88’
|= 08^46’03"
R= 447.80’
T= 34.33’
L= 68.52’
CB=N61^32’06"E
CL=68.46’N00^03’37"E1307.49’1,122.60 1/2 " F.I.R.
W/CAP
1/2 " F.I.R.
W/BRITTAIN &
CRAWFORD CAP (C.M.)
30’ SANITARY
SEWER EASEMENT
VOL. 75142,
PG. 1352
POINT OF BEGINNING
1/2 " F.I.R.
W/CAP
10’ UTILITY EASEMENT
(VOL. 2002027, PG. 00071)
20’ UTILITY EASEMENT
(VOL. 2002027, PG. 00071)
1/2 " F.I.R.
1/2 " F.I.R.
FND. "X"
30’ DRAINAGE AND UTILITY EASEMENT
(VOL. 2002027, PG. 00071)
56.40’ R.O.W DEDICATION
(VOL. 2002027, PG. 00071)
20’ UTILITY EASEMENT
(VOL. 2002027, PG. 00071)
10’ UTILITY EASEMENT
(VOL. 2002027, PG. 00071)
35’ R.O.W DEDICATION
(VOL. 2002027, PG. 00071)
66.40’ R.O.W DEDICATION
(VOL. 2002027, PG. 00071)NORTHPOINTDRIVET. P. & L. EASEMENT
VOL. 1992, PG. 431
LOT 1BR, BLOCK A
AMBERPOINT BUSINESS PARK
(VOL. 2003156, PG. 00206)
LOT 1C, BLOCK A
AMBERPOINT BUSINESS PARK
(VOL. 2003156, PG. 00206)(VARIABLE WIDTH PUBLIC R.O.W.)(VARIABLE WIDTH PUBLIC R.O.W.)(VARIABLE WIDTH PUBLIC R.O.W.)60’
|= 89^57’00"
R= 480.00’
T= 479.58’
L= 753.56’
C.B.=N45^02’07"E
C.L.=678.53’
|= 20^49’27"
R= 420.00’
T= 77.18’
L= 152.65’
C.B.=N79^35’53"E
C.L.=151.81’
|= 12^02’05"
R= 322.76’
T= 34.02’
L= 67.79’
C.B.=N63^10’07"E
C.L.=67.67’
DRAINAGE
EASEMENT
(DETENTION)
(VOL. 2002027,
PG. 00071)
30 FT. ACCESS
EASEMENT
(VOL. 2002027, PG. 00071)
20’ UTILITY EASEMENT
(VOL. 2002027, PG. 00071)
IN THE
DALLAS COUNTY , TEXAS
FOR
BY
JESSE MOORE SURVEY, ABSTRACT No. 968
LEGEND:
F.I.R.
1/2 " F.I.R. W/CAP
(C.M.)CONTROL MONUMENT
1
2
NOTE: SIDEWALKS WILL BE CONSTRUCTED BY PROPERTY OWNER
WHEN DEEMED NECESSARY BY THE CITY ENGINEER.
S89^59’23"E 315.43’
FOUND IRON ROD FREEPORT PARKWAY(FORMERLY STATE ROAD)S00^13’41"E ~ 1,560.10’S00^31’15"W ~ 356.43’ 1/2 " FOUND IRON ROD WITH PLASTIC CAP
STAMPED "HALFF ASSOC. INC."
NOTES:
1.) Basis of Bearings is the Final Plat of Amberpoint Business Park at
Coppell as recorded in Volume 2002027, Page 00071 of the Deed
Records of Dallas County, Texas (D.R.D.C.T.).
2.) This property is subject to Ordinance No. 71-100, Airport Zoning
Ordinance of the Dallas-Fort Worth Regional Airport, recorded in
Volume 82173, Page 178, D.R.D.C.T.
S89^44’26"E
CABOT II - TX1L01, L.P.
1/2 " S.I.R. W/CAP 1/2 " SET IRON ROD WITH PLASTIC CAP
STAMPED "HALFF ASSOC. INC."
$$$$$FILE$$$$$
LOT 1A, BLOCK A
AMBERPOINT BUSINESS PARK
AT COPPELL
(VOL. 2003077, PG. 00080)
C.C.COUNTY CLERK’S DOCUMENT NUMBER
N89^44’06"W 500.00’
S63^33’15"W
31.64’S00^13’41"E24’ FIRELANE
(C.C. 200600091869)
1/2 " S.I.R.
W/CAP
1/2 " S.I.R.
W/CAP
1/2 " S.I.R.
W/CAP
1/2 " S.I.R.
W/CAP
24’ FIRELANE (C.C. 200600091869)24’ FIRELANE (C.C. 200600091869)20’ HIKE & BIKE TRAIL
& UTILITY EASEMENT
(C.C. 200600091869)
10’ TXU ELECTRIC DELIVERY
COMPANY EASEMENT
(C.C. 200600091869)
10’ UTILITY EASEMENT
(C.C. 200600091869)
20’ x 20’ PUBLIC UTILITY ESMT.
(C.C. 200600091869)20’ x 30’ PUBLIC UTILITY ESMT. (C.C. 200600091869)30’ x 20’ PUBLIC UTILITY ESMT.
(C.C. 200600091869)
50’ x 20’ PUBLIC UTILITY ESMT.
(C.C. 200600091869)FIRE LANE
(C.C. 200600091869)
TXU ELECTRIC DELIVERY
COMPANY EASEMENT
(C.C. 200600091869)
TXU ELECTRIC DELIVERY
COMPANY EASEMENT
(C.C. 200600091869)
TXU ELECTRIC DELIVERY
COMPANY EASEMENT
(C.C. 200600091869)
10’ UTILITY EASEMENT
(C.C. 200600091869)
10’ UTILITY EASEMENT
(C.C. 200600091869)
1/2 " F.I.R.
W/CAP
(C.M.)
1/2 " F.I.R.
W/CAP
(C.M.)
1/2 " S.I.R.
W/CAP
1/2 " F.I.R. BEARS
N07^26"31’E 0.14’
N
0 50
SCALE IN FEET
100 200 300150
BUILDING LINE
(VOL. 2002027,
PAGE 00071)
LOCATION MAP
NOT TO SCALE
NORTH
PROJECT
LOCATION
SANDY LAKE RD.ROYAL LN.FREEPORT PARKWAY(FORMERLY STATE ROAD)NORTHPOINT DR.COPPELL RD.STATE
H
W
Y
.
1
2
1
CIT
Y
OF
G
R
APE
VI
N
E
CIT
Y
OF
C
OPP
EL
L
STATE
H
W
Y
.
1
2
1
LOT 2R-1R, BLOCK A
AMBERPOINT BUSINESS PARK AT COPPELL
LOT 2R-3, BLOCK A
1,582,512 SQ. FT.
OR
36.33 ACRES
843,348 SQ. FT.
OR
19.36 ACRES
LOT 2R-2X, BLOCK A
OF
AMBERPOINT BUSINESS PARK AT COPPELL
(C.C. 20070118394)
N89^44’06"W 471.63’S00^13’41"E 357.99’S00^31’15"W 377.81’S00^13’41"E 371.17’S00^31’15"W 378.85’216.99’S89^44’06"E
102.83’
S00^15’54"W
27.43’
S89^44’06"E 784.76’
S44^56’24"E
40.76’
1,145.07’1,090.50’Purpose of Replat:
Separate Improved and Unimproved
Areas on Separate Lots. There is no
Site Plan for Lot 2R-3, Block A with
this Replat. Any future development
on Lot 2R-3, Block A will require a Site
Plan approval process through the
City of Coppell.
AMBERPOINT BUSINESS PARK
AT COPPELL
LOT 2R-1R AND LOT 2R-3, BLOCK A,
A REPLAT OF LOT 2R-1, BLOCK A
AN ADDITION TO THE CITY OF COPPELL
PRELIMINARY - FOR REVIEW ONLY
REPLAT
c/o Cabot Properties
One Beacon St, 17th Flr., Boston, MA, 02108
HALFF ASSOCIATES, INC. ENGINEERS & SURVEYORS
1201 N. BOWSER ROAD - RICHARDSON, TEXAS - 75081
SCALE 1"=100’ (214)346-6200 AVO 25337 AUGUST, 2007
REF. AVO: 24588, 23022, 22540, 19944.
AMBERPOINT BUSINESS PARK
AT COPPELL
(C.C. 2
0
0
7
0
1
1
8
3
9
4
)
LOT 2R
-
1
,
B
L
O
C
K
A
PART O
F
AMBER
P
O
I
N
T
B
U
S
I
N
E
S
S
P
A
R
K
A
T
C
O
P
P
E
L
L
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.
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
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 signing his name as hereinabove
subscribed.
WITNESS MY HAND, this the day of , 2007.
City Secretary
Mayor Date of Approvalor 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
FOR
CABOT II - TX1L01,L.P.
BY
2
2
8616 NORTHWEST PLAZA DRIVE - DALLAS TEXAS 75225
HALFF ASSOCIATES, INC. ENGINEERS & SURVEYORS
DALLAS COUNTY , TEXAS
JESSE MOORE SURVEY, ABSTRACT No. 968
IN THE
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this day of , 2007.
c/o Cabot Properties
One Beacon St, 17th Flr., Boston, MA, 02108
CABOT II - TX1L01, L.P.,
a Delaware limited partnership
BY: Cabot II - TX GP, LLC,
a Delaware limited liability company,
its general partner
By: Cabot Industrial Value Fund II Operating Partnership, L.P.,
a Delaware limited partnership,
its sole member
By:
Name:
Title:
DO HEREBY CERTIFY THAT personally known
to me to be the of Cabot Industrial
of Directors of said partnership, as their free and voluntary act, and as the free and
voluntary act and deed of said partnership, as managing member of and for and on behalf
$$$$$FILE$$$$$
appeared before me this day in person, and severally acknowledged that as such officer
signed and delivered the said instrument, pursuant to authority given by the Board
of Cabot II - TX1L01, L.P., for the uses and purpose therein set forth.
Value Fund II Operating Partnership, L.P., a Delaware limited partnership and managing member
of Cabot II - TX GP,LLC, a Delaware limited liability company, and personally known to me
to be the same person whose name is subscribed to the foregoing instrument,
REF. AVO: 23022, 22540, 19944.
\AVO24588\, DGN=588CFP02.dgn, REF=
TIME WARNER CABLE
the foregoing replat of the AmberPoint Business Park at Coppell an
This replat approved subject to all replatting ordinances, rules, regulations and resolutions of
replat. No buildings, fences, trees, shrubs or other improvements or growths shall be constructed
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That CABOT II - TX1L01, L.P., a Delaware limited partnership, acting herein by and through its duly
authorized officers of its managing member, Cabot Industrial Value Fund II Operating Partnership,
L.P., a Delaware limited partnership, does hereby adopt this replat designating the herein above
described property as AmberPoint Business Park at Coppell, an addition to the City of Coppell,
Dallas County, Texas, and does hereby dedicate, in fee simple to the public use forever, the streets
and alleys shown thereon.
SURVEYOR’S CERTIFICATE
I, Gary W. Matthews, Registered Professional Land Surveyor, do hereby certify that the replat shown
hereon accurately represents the property as determined by an on the ground survey made under my
direction and supervision on November 21, 2006, and that the locations of all monuments shown are correct.
GARY W. MATTHEWS
REGISTERED PROFESSIONAL LAND SURVEYOR
TEXAS NO. 5534
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 Gary W. Matthews, 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
and 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:
SCALE 1"=100’ (214)346-6200 AVO 24588 JULY 2007
FLOODPLAIN ORDINANCE NOTE: Floodplain Development Permit Application No.
has been filed with the City of Coppell Floodplain Administrator on , 2007.
Floodplain Administrator Date
FLOODPLAIN NOTE:
1. By graphical plotting subject tract lies within Zone "X"(unshaded) and Zone "X"
(shaded). Zone "X" (unshaded) is defined as "Areas determined to be outside the 500-
year floodplain. Zone "X" (shaded) is defined as "Areas of 500-year flood; areas of 100-
year flood with average depths of less than 1-foot or with drainage areas less than 1
square mile; and areas protected by levees from 100-year flood".
2. Floodplain information is based on FEMA Flood Insurance Rate Map No.
48113C0135 J, dated August 23, 2001 for Dallas County, Texas and Incorporated Areas.
OWNER’S CERTIFICATE
STATE OF TEXAS }
COUNTY OF DALLAS }
WHEREAS CABOT II - TX1L01, L.P. is the owner of a tract of land situated in the Jesse
Moore Survey, Abstract No. 968, in the City of Coppell, Dallas County, Texas, said tract
being described in deed to said CABOT II - TX1L01, L.P. as recorded in Volume
2005185, Page 4371, (Dallas County Clerk’s Instrument Number 200503515024),
Official Public Records of Dallas County, Texas (O.P.R.D.C.T.), said tract also being all
of Lot 2R-1, Block A of Amberpoint Business Park at Coppell, an addition to the City of
Coppell as recorded in County Clerk’s Instrument Number 20070118394, O.P.R.D.C.T.,
said tract being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2-inch iron rod with yellow plastic cap stamped "HALFF ASSOC.
INC." (hereafter referred to as "with cap") set for the intersection of the east line of
Northpoint Drive (variable width right-of-way, 60 feet wide at this point) with the south
right-of-way line of Sandy Lake Road (variable width right-of-way) as dedicated by the
plat of Amberpoint Business Park at Coppell, an addition to the City of Coppell, as
recorded in Volume 2002027, Page 00071, Deed Records of Dallas County, Texas,
D.R.D.C.T.;
THENCE South 89 degrees 44 minutes 26 seconds East, along said south right-of-way
line, a distance of 1,145.07 feet to a 1/2-inch iron rod with cap found for corner;
THENCE South 00 degrees 15 minutes 34 seconds West, continuing along said south
right-of-way line, a distance of 10.00 feet to 1/2-inch iron rod with cap found for corner;
THENCE South 89 degrees 44 minutes 26 seconds East, continuing along said south
right-of-way line, a distance of 265.56 feet to a 1/2-inch iron rod with cap set for the
intersection of said south right-of-way line with the west right-of-way line of Freeport
Parkway (variable width right-of-way, formerly known as State Road) as dedicated by
said plat of Amberpoint Business Park at Coppell as recorded in Volume 2002027, Page
00071, D.R.D.C.T.;
THENCE South 00 degrees 13 minutes 41 seconds East, departing said south right-of-
way line and along said west right-of-way line, a distance of 1,122.60 feet to a 1/2-inch
iron rod with cap set for the northeast corner of Lot 2R-2X, Block A of said Amberpoint
Business Park at Coppell as recorded in County Clerk’s Instrument Number
20070118394, D.R.D.C.T.;
THENCE North 89 degrees 44 minutes 06 seconds West, departing said west right-of-
way line and along the common line between said Lot 2R-1 and said Lot 2R-2X, a
distance of 471.63 feet to 1/2-inch iron rod with cap set for the most easterly northwest
corner of said Lot 2R-2X;
THENCE South 63 degrees 33 minutes 15 seconds West, continuing along said common
line, a distance of 31.64 feet to a 1/2-inch iron rod with cap set for the most westerly
northwest corner of said Lot 2R-2X;
THENCE South 00 degrees 13 minutes 41 seconds East, continuing along said common
line, a distance of 357.99 feet to a 1/2-inch iron rod with cap set for corner;
THENCE South 00 degrees 31 minutes 15 seconds West, continuing along said common
line, a distance of 377.81 feet to a 1/2-inch iron rod with cap set for the southwest corner
of said Lot 2R-2X, said point being on the north line of that tract of land described in
Special Warranty Deed to the City of Coppell as recorded in Volume 96164, Page 207,
D.R.D.C.T.;
THENCE North 89 degrees 44 minutes 06 seconds West, departing said common line
and along said north line, a distance of 1,979.88 feet to a 1/2-inch iron rod with cap found
for the intersection of said north line with the southeasterly line of said Northpoint Drive,
said point being on a circular curve to the left having a radius of 447.80 feet, whose chord
bears North 61 degrees 32 minutes 06 seconds East a distance of 68.46 feet;
THENCE Northeasterly, departing said north line and along said southeasterly right-of-
way line and said curve to the left, through a central angle of 08 degrees 46 minutes 03
seconds for an arc distance of 68.52 feet to an "X" cut in concrete found for the point of
reverse curvature of a circular curve to the right having a radius of 322.76 feet, whose
chord bears North 63 degrees 10 minutes 07 seconds East a distance of 67.67 feet;
THENCE Northeasterly, continuing along said south right-of-way line and along said
curve to the right, through a central angle of 12 degrees 02 minutes 05 seconds for an arc
distance of 67.79 feet to a 1/2-inch iron rod found for the point of compound curvature of
a circular curve to the right having a radius of 420.00 feet, whose chord bears North 79
degrees 35 minutes 53 seconds East a distance of 151.81 feet;
THENCE Northeasterly, continuing along said south right-of-way line and along said
curve to the right, through a central angle of 20 degrees 49 minutes 27 seconds for an arc
distance of 152.65 feet to a 1/2-inch iron rod found for the point of tangency;
THENCE South 89 degrees 59 minutes 23 seconds East, continuing along said south
right-of-way line, a distance of 315.43 feet to a 1/2-inch iron rod with cap found for the
point of curvature of a circular curve to the left having a radius of 480.00 feet, whose
chord bears North 45 degrees 02 minutes 07 seconds East a distance of 678.53 feet;
THENCE Northeasterly, continuing along the southeasterly right-of-way line of said
Northpoint Drive and along said curve to the left, through a central angle of 89 degrees
57 minutes 00 seconds for an arc distance of 753.56 feet to the point of tangency, and
from which point a 1/2-inch iron rod found bears North 07 degrees 26 minutes 31
seconds East a distance of 0.14 feet;
THENCE North 00 degrees 03 minutes 37 seconds East, along the east right-of-way line
of said Northpoint Drive, a distance of 1,307.49 feet to the POINT OF BEGINNING
AND CONTAINING 2,425,860 square feet or 55.69 acres of land, more or less.
AMBERPOINT BUSINESS PARK
AT COPPELL
LOT 2R-1R AND LOT 2R-3, BLOCK A,
A REPLAT OF LOT 2R-1, BLOCK A
AN ADDITION TO THE CITY OF COPPELL
PRELIMINARY - FOR REVIEW ONLY
REPLAT
ONCOR ELECTRIC DELIVERY COMPANY
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
September 11, 2007
12
✔
PRESENTATION
Consider approval of the Pecan Creek Addition, Lots 1 & 2, Minor Plat, to subdivide this property into two (2) lots, Lot 1
containing 1.88 acres and Lot 2 containing 2.49 acres to allow for separate ownerships, on 4.376 acres of property
located on the east side of S. Denton Tap Road, north of the DART R.O.W.
There are no outstanding P&Z conditions.
On August 30, 2007, the Planning Commission unanimously
recommended approval of this zoning change (xxx), subject to the
above-stated conditions. Commissioners Haas, Kittrell, Borchgardt,
Fox, Reese and Frnka voted in favor, none opposed.
Staff recommends APPROVAL.
@02Pecan Crk Add, L1 & L2, MP. 1-AR
ITEM #5
PAGE 1 of 2
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Pecan Creek Addition, Lots 1 & 2, Minor Plat
P&Z HEARING DATE: August 16, 2007 (Rescheduled to August 30, 2007)
C.C. HEARING DATE: September 11, 2007
STAFF REP: Matt Steer, City Planner
LOCATION: The east side of S. Denton Tap Road, north of the DART R.O.W.
SIZE OF AREA: 4.376 acres of property
CURRENT ZONING: R (Retail)
REQUEST: A Minor Plat to subdivide this property into two (2) lots, Lot 1
containing 1.88 acres and Lot 2 containing 2.49 acres to allow for
separate ownerships
APPLICANT: Applicant: Representative:
Charles & Margaret Andolina Cabanne Link
439 Dakota Drive 3010 LBJ Freeway, Suite 1525
Murphy, Texas 75094 Dallas, Texas 75234
Phone: 214-498-3097 Phone: 972-503-8600
Fax: 972-701-9735 Fax: 972-392-1767
HISTORY: Pecan Creek Nursery was constructed in 1980 and was recently
closed.
TRANSPORTATION: Denton Tap Road is a P6D divided major arterial built to standard
in a 100-foot right-of-way. A 10-foot sidewalk and utility easement
is being dedicated by this plat.
SURROUNDING LAND USE & ZONING:
North - Office; R (Retail)
South – DART Railroad; R (Retail)
ITEM #5
PAGE 2 of 2
East – Residential; PD-104-SF-9 (Planned Development -104-Single
Family-9)
West – Vacant; PD-108-LI (Planned Development-108-Light
Industrial). Currently undergoing a zoning change to a residential
district PD-108R9-SF-9 (Planned Development-108-Revision-9-Single
Family-9).
COMPREHENSIVE PLAN: The Coppell Comprehensive Master Plan shows the property as
suitable for mixed use.
DISCUSSION: This request is for the former Pecan Creek Nursery property to be
platted into two lots. A prospective buyer for the northern lot is
“Grow It Land Designs”, a professional landscape management
company that specializes in landscape design, installation and
maintenance. They are planning to renovate and reopen the
retail building as a nursery, open to the public, and use the
remainder of the site for their landscaping business. The southern
lot is not currently planned for redevelopment. A 10-foot sidewalk
and utility easement is being dedicated along Denton Tap. A
replat will be required prior to the development of either of the
lots, involving the construction or expansion of any building.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of this request with no
outstanding conditions.
ALTERNATIVES:
1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
ATTACHMENTS:
1) Minor Plat
2) Tree Survey
SURVEYOR'S CERTIFICATE
KNOW ALL MEN BY THESE PRESENTS: That I, W.R. Lee, a Registered Professional Land Surveyor, do hereby
certify that I prepared this plat from an actual on the ground survey of the land; and the monuments shown hereon
were found and/or placed under my personal supervision in accordance with the platting rules and regulations of
the City of Coppell, Texas.
______________________________________
W.R. Lee
Registered Professional Land Surveyor
No. 2038
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
W.R. Lee, of Dallas, known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and considerations therein expressed, and in
the capacity therein stated.
GIVEN under my hand and seal of office, this ____day of_____________20___.
_____________________________________________
NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS
SIGNATUREDATE
SURVEYOR:
Shields and Lee Surveyors
1421 Ferndale Avenue
Dallas, Texas 75224
PH (214) 942-8496
Job No. X22895-6800-CP
North
0
GRAPHIC SCALE (IN FEET)
SCALE 1" = 50'
10 20 50 100
S 89°04'08" E 247.26'
S 7 5 °5 7 '0 0 " W 2 3 1 .11'
D ART DriveGlendale A lley
40.0'20.0'50.0'50.0'
50.0'50.0'
1 /2 " IRS
1/2 " I RS
8 4 .1 1'1/2" IRS 196.38'SITE
North
50.0'50.0'
Lot 56
Lot 57
Lot 58
Lot 62
Lot 55
Lot 3R
Creek View Phase 2
Vol 2001029 Pg 3536 D/DCT
Lot 63
First Baptist Church of CoppellVol 95167, Pg 5885, DR/DCT"X " f o u nd
Lot 54
G l e n d a l e D r i ve 25.0'25.0'
25.0'25.0'
1 5 .0'15.0'ARBORBR
O
OKHOWELLBULLOCKDENTON TAPCOPPELL
MEADOW
CREEKROCKY NORTH LAKE
DILLARD
BROOKS
COZBY
CITYLIMITHILLSROLLINGG L E ND A LE
BETHEL
D A RTHARRISCOUNTRYGrapevine
C r e ek
SHILOH
BE T H EL
BELT LINEWALESBROCK
AIRLINE(no scale)OAKCRESTVICINITY MAP
Lot 60
10' TU Elect. Esmt.
Vol. 88116, Pg. 3069
DR/DCT
Lot 61
McKinney & Williams Survey, Abst. No. 1054J. A. Simmons Survey, Abst. No. 1296L-2
S 68°54'40" E 126.95'
L-
3
L-4S 13°46'09" W65.88'S 38°48'15" W 128.70'L-5N 86°06'25" W38.02'
S 70 °17'29 " W
58 .24'S 33°18'01" W69.47'S 03°15'54" E39.40'L -6
S 12°45'27" W54.94'L-7L-8L-1LINE CHART
LINE BEARING LENGTH
L-1 S 37°42'12" W 10.71'
L-2 S 47°44'03" E 38.95'
L-3 S 49°19'02" E 24.36'
L-4 S 03°14'45" E 28.63'
L-5 S 09°16'21" E 17.44'
L-6 S 43°01'10" W 26.29'
L-7 S 18°37'05" E 34.54'
L-8 S 19°42'56" W 29.70'
(f o r m e r l y S t . Lou i s & S ou t h w e s t e r n R a il r oad)
1/2" IRS
24' Firelane & Access Esmt.
Vol. 2001029, Pg. 3536
DR/DCT
2 7 1 .00'
LOT 2
108,577 sq ft103.00'481.41'7.5'7.5'Drng. Esmt.
Vol. 88116, Pg. 3068
DR/DCT
TU ELECT. ESMT.
VOL. 88116, PG. 3069
DR/DCT
FLOODPLAIN FLOODWAY
LIMITS VOL. 88116, PG. 3069
DR/DCTBLOCK A15' TU Elect. Esmt.
Vol. 88116, Pg. 3069
DR/DCT
Denton Tap RoadN 00°55'52" E 584.41'S 00°55'52" W 248.42'1/2" IRF24" below gradeN 8 5 °07 '2 2 " E 3 06 .2 3'
10' x 80' Util. Esmt.
Vol. 2001029, Pg. 3536
DR/DCT
Indicates 20 foot wide utility easement recorded in Vol 79074 Pg 154 DR/DCT
Indicates 20 foot wide utility easement recorded in Volume 99035 Pg 1576 DR/DCT
LEGEND:
survey monument
IRF iron rod found
Fnd. found
(CM) controlling monument10' Util. & Sidewalk Esmt. Vol. 2001029, Pg. 3536DR/DCT15 ' T .P . & L . and G TE E s m t.
V o l. 88103 , P g . 34 5 , DR /DCT
Block B
Creek View Addition
Vol 88116 Pg 3069 DR/DCT
Lot 59
20 Utility Easem ent Vol 99035 pg 1576, DR/DCT20' Utility Easement Vol 79074 Pg 154, DR/DCTN 7 5 °5 7 '0 0 " E 2 91 .5 4'
N 7 5 °5 7 '00 " E 1 3 2 .1 4'
W A T ER E S M T . V O L . 8 8 1 1 6 , P G . 30 6 9 , D R /DCT
Place of Beginning
1/2" IRF w/cap"SHIELDS & LEE"1 /2 " I R F w /cap
"S H I E L DS & L EE"
OWNER:
Charles W. & Margaret C. Andolina
439 Dakota
Murphy, Texas 75094
Ph: 214-498-3097
Survey Dated: June 2007
4.376 ACRES
MCKINNEY & WILLIAMS SURVEY, ABSTRACT NO. 1054
CITY OF COPPELL, DALLAS COUNTY, TEXAS
Notes:
CONTROLLING MONUMENTS: Monuments shown and/or noted as found hereon were used as
"controlling monuments" for purposes of this survey.
BASIS OF BEARINGS: Plat of Creek View Addition recorded in Volume 88116 Page 3069 Deed
Records, Dallas County, Texas.
REFERENCE BEARING: Used N 75°57'00" E along the northwesterly line of former St. Louis &
Southwestern Railroad as shown on said plat and as reconstructed by monuments found on the ground.
PECAN CREEK ADDITION
LOTS 1 & 2, BLOCK A
VERIZON
ATMOS ENERGY
ONCOR
TIME WARNER
UTILITY CERTIFICATE
20 foot wide sanitary sewer
easement recorded in
Vol 96006, Pg 2834 DR/DCT10' Sidewalk & Utility Esmt. by this platMinor Plat
THIS PLAT CORRECTLY REPRESENTS THE REQUIRED
UTILITY EASEMENT FOR THE DEVELOPMENT
Floodplain Development Permi Application No. ____ has been filed with
the City of Coppell floodplain administrator on ________________, 2007.
___________________________________________________
_______________________
Floodplain Administrator Date ______________
NOTE:
A replat shall be submitted to and approved by the City of Coppel
prior to any development on either of the lots.
Z one AE
LOT 1
82,020 sq ft
100 Year Floodplain
Esmt. Vol. 2001029
Pg. 3536, DR/DCT
100 year flood boundary (zone AE) as shown on Community Panel No. 48113C 0155 J
of the Flood Hazard Boundary Map or the Flood Insurance Rate Map of the Federal
Emergency Management Agency map effective date August 23, 2001. The FEMA flood
zone is shown because it is a platting requirement of the City of Coppell. FEMA maps and
Flood Zones are subject to change. ALWAYS Check the most current FEMA Map.
minimum finish floor for new
construction to be 486'
minimum finish floor for new
construction to be 486'S 44°57'50" W 91.89'N 88°05'47" W 136.67'S 09°17'09" E 115.94'35 .23'N 09°17'13" W 31.88'N 12°42'32" E 46.60'S 51°55'02" W 52.92'N 82°12'39" W 52.66'N 26°58'52" E 125.88'S 21°24'59" W 142.90'S 25°27'56" W
44.40'
S an i S e w er
M /H
DRAINAGE EASEMENT BY THIS PLATDRAINAGE EASEMENT BY THIS PLATB F E 484'
STATE OF TEXAS )(
COUNTY OF DALLAS)(
OWNERS CERTIFICATE
WHEREAS, Charles W. Andolina and Margaret C. Andolina, by Deed of Record in Volume 2005107, Page
10979, Deed Records, Dallas County, Texas, are the sole owners of a 4.376 acre tract of land situated in the
McKinney and Williams Survey, Abstract No. 1054, City of Coppell, Dallas County, Texas, and being all that
certain property as conveyed by North Lake Nursery & Landscaping Co. to Joe Bob Fikes and wife Erin Kay Fikes
by Warranty Deed recorded in Volume 99252, Page 1362, Deed Records, Dallas County, Texas, and being more
particularly described as follows:
BEGINNING at a 1/2 inch iron rod with plastic cap marked "SHIELDS & LEE" found at the intersection of the east
line of Denton Tap Road (100 foot R.O.W.) with the northwesterly line of a former St Louis & Southwestern
Railroad (100 foot R.O.W.), now a part of the Dallas Area Rapid Transit (DART) system, at the southwest corner
of said Fikes tract;
THENCE North 00 degrees 55 minutes 52 seconds East, along the east line of Denton Tap Road, a distance of
584.41 feet to a 1/2 inch iron rod found, twenty-four inches below grade for the northwest corner of said Fikes
tract and the southwest corner of Lot 3R, of Creek View, Phase 2, an Addition to the City of Coppell, Dallas
County, Texas, according to the map thereof recorded in Volume 2001029, Page 3536, Deed Records, Dallas
County, Texas;
THENCE North 85 degrees 07 minutes 22 seconds East, along the common line between said Fikes and said Lot
3R, passing at a distance of 271.00 feet a 1/2 inch iron rod with plastic cap marked "SHIELDS & LEE" found for
reference, and continuing in all, a distance of 306.23 feet to the common east corner of said Fikes tract and said
Lot 3R in the center of a small unnamed creek, said point being in the westerly boundary of Block B, of Creek
View Addition, an Addition to the City of Coppell, Dallas County, Texas, according to the map thereof recorded in
Volume 88116, Page 3069, Deed Records, Dallas County, Texas;
THENCE in a Southerly direction along the center of said small creek and the westerly boundary of said Block B,
of Creek View Addition as follows:
South 37 degrees 42 minutes 12 seconds West, a distance of 10.71 feet for corner;
South 47 degrees 44 minutes 03 seconds East, a distance of 38.95 feet for corner;
South 68 degrees 54 minutes 40 seconds East, a distance of 126.95 feet for corner;
South 49 degrees 19 minutes 02 seconds East, a distance of 24.36 feet for corner;
South 03 degrees 14 minutes 45 seconds East, a distance of 28.63 feet for corner;
South 13 degrees 46 minutes 09 seconds West, a distance of 65.88 feet for corner;
South 38 degrees 48 minutes 15 seconds West, a distance of 128.70 feet for corner;
South 09 degrees 16 minutes 21 seconds East, a distance of 17.44 feet for corner;
South 70 degrees 17 minutes 29 seconds West, a distance of 58.24 feet for corner;
North 86 degrees 06 minutes 25 seconds West, a distance of 38.02 feet for corner;
South 33 degrees 18 minutes 01 seconds West, a distance of 69.47 feet for corner;
South 03 degrees 15 minutes 54 seconds East, a distance of 39.40 feet for corner;
South 43 degrees 01 minutes 10 seconds West, a distance of 26.29 feet for corner;
South 12 degrees 45 minutes 27 seconds West, a distance of 54.94 feet for corner;
South 18 degrees 37 minutes 05 seconds East, a distance of 34.54 feet for corner;
South 19 degrees 42 minutes 56 seconds West, a distance of 29.70 feet for corner in the northwesterly line of
said DART right-of-way from which an "X" found marking the southeast corner of Lot 55, Block B, of Creek
View Addition, bears North 75 degrees 57 minutes East, a distance of 423.68 feet;
THENCE South 75 degrees 57 minutes 00 seconds West, along said DART right-of-way, passing at a distance of
84.11 feet, a 1/2 inch iron rod with plastic cap marked "SHIELDS & LEE" found for reference and continuing in all
a distance of 231.11 feet to the PLACE OF BEGINNING and containing 190,598 square feet or 4.376 acres of
land, more or less.
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That, Charles W. Andolina and Margaret C. Andolina, do hereby adopt this Plat designating the herein described
property as: PECAN CREEK ADDITION, LOTS 1 & 2, BLOCK A, an addition to the City of Coppell, Texas, and
does hereby dedicate to the public use forever, the streets shown hereon. The easements shown thereon are
hereby reserved for the purpose 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 land 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 shown. Said easements being hereby reserved for the mutual use and
accommodation of all public utilities using or desiring to use 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 endanger or interfere with the construction, maintenance or efficiency of its respective right or
ingress or egress to or from and upon the said easement for the purpose of constructing, reconstructing,
inspecting, patrolling, maintaining and adding to or removing all or parts of its respective systems without the
necessity at any time of procuring the permission of anyone. (Any public utility shall have the right to ingress or
egress to private property for the purpose of reading meters and any maintenance or service requited or ordinarily
performed by the utility).
Water main and waste water easements shall also include additional areas 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 services and waste water services from the main to the curb or
pavement line, and description of such additional easements herein granted shall be determined by their location
as installed.
This plat approved subject to all platting ordinances, rules, regulations, and resolution of the City of Coppell,
Texas.
WITNESS OUR HANDS this the _______day of _______________, A.D., 20___.
__________________________________________________________________
Charles W. Andolina, Owner Margaret C. Andolina, Owner
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
Charles W. Anodlina, of Coppell, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the purposes and considerations therein
expressed, and in the capacity therein stated.
GIVEN under my hand and seal of office, this ____day of_____________20___.
_____________________________________________
NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS
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
Margaret C. Anodlina, of Coppell, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the purposes and considerations therein
expressed, and in the capacity therein stated.
GIVEN under my hand and seal of office, this ____day of_____________20___.
_____________________________________________
NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS
Recommended for approval:
_______________________________________Date: ____________________________
Chairman, Planning and Zoning Commission
City of Coppell, Texas
Approved and accepted:
________________________________________Date: _____________________________
Mayor
City of Coppell, Texas
The undersigned, the City Secretary of the City of Coppell, Texas, hereby certifies that the foregoing plat of Pecan
Creek Addition, Lots 1 and 2, Block A, an 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
name as herein above subscribed.
Witness my hand this ______ day of __________________, A.D., 2007.
________________________________________City Secretary,
City of Coppell, Texas
NOTICE: SELLING A PORTION OF THIS ADDITION BY METES AND BOUNDS IS A VIOLATION OF CITY
ORDINANCES AND STATE LAW AND IS SUBJECT TO FINES AND WITHOLING OF UTILITIES AND
BUILDING PERMITS.
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
September 11, 2007
13
✔
PUBLIC HEARING
Consider approval of Case No. PD-108R9-SF-9, The Chateaus of Coppell, a zoning change request from PD-108R7-SF-9
(Planned Development-108R7-Single Family-9) to PD-108R9-SF-9 (Planned Development-108R9-Single Family-9), to
attached a Detail Site Plan, to allow the development of 56 single-family homes and common/open space lots on 20
acres of property located at the southwest corner of Bethel and Denton Tap Roads.
There are no outstanding P&Z conditions.
On August 30, 2007, the Planning Commission unanimously
recommended approval of this zoning change (xxx), subject to the
above-stated conditions. Commissioners Haas, Kittrell, Borchgardt,
Fox, Reese and Frnka voted in favor, none opposed.
Staff recommends APPROVAL.
@03PD-108R9-SF-9, The C of C, 1-AR
ITEM #6
PAGE 1 of 4
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case No.: PD-108R9-SF-9, The Chateaus of Coppell
P&Z HEARING DATE: August 16, 2007 (Rescheduled to August 30, 2007)
C.C. HEARING DATE: September 11, 2007
STAFF REP: Marcie Diamond, Assistant Director of Planning
LOCATION: The southwest corner of Bethel and Denton Tap Roads
SIZE OF AREA: 20 acres of property
CURRENT ZONING: PD-108R7-SF-9 (Planned Development-108R7-Single Family-9)
REQUEST: Zoning change request to PD-108R9-SF-9 (Planned Development-
108R9-Single Family-9), to attached a Detail Site Plan, to allow the
development of 56 single-family homes and common/open
space lots.
APPLICANT: Prospective Purchaser/Developer:
Toll Brothers or Assigns
2557 S.W. Grapevine Parkway, Suite 100
Grapevine, Texas 76051
817.329.8770
FAX: 817.488.2496
Engineer:
Matt Alexander, P.E.
Dowdey, Anderson and Associates, Inc.
5225 Village Creek Drive, Suite 200
Plano, Texas 75093
972.931.0694
FAX: 972.931.9538
HISTORY: In 1989, 115 acres were rezoned from PD-Recreation Center to PD-108
for institutional, office, retail, commercial and light industrial uses. This
property was owned by the Baptist Foundation, and their Concept
Plan indicated a proposed university site east of Grapevine Creek. To
the west of Grapevine Creek was a proposed park. The balance of
ITEM #6
PAGE 2 of 4
the PD was envisioned for light industrial/tech uses, with commercial
and office buildings proposed along Denton Tap Road. In 1995, this
PD was amended to allow for the development of The Summit at the
Springs, a 46-lot SF-9 residential subdivision on approximately 30 acres
located roughly 500 feet west of Denton Tap Road, south of Bethel
Road. In 1998, this PD was amended to allow for The Reserve, a 23-lot
residential subdivision on 9.7 acres of land located to the west of The
Summit at the Springs. In 1998 a request to rezone a 37-acre tract
(which now includes the Service Center site) from PD-LI and R to PD-
SF-9 for 102 single-family lots (to be known as Westchase) was denied
by City Council. This 37-acre tract was subsequently sold to the City of
Coppell for future use. In July of 2005, PD-108R6-H was approved to
allow the development of two medical and office buildings totaling
33,108-square-feet on the south side of Bethel Road. The first building
has been constructed and is currently partially occupied.
On July 10, 2007 Council approved a Concept Plan for 56 residential
lots on this 20 acre tract of land. Given the conceptual nature of the
plan and the landscape plan, and the outstanding conditions, a
Detail Plan approval is required.
TRANSPORTATION: Bethel Road is a two-lane asphalt road contained within a
variable width right-of-way. Construction to a concrete roadway
is scheduled to begin late third quarter, 2008.
Denton Tap Road is a P6D divided major arterial built within 100-
feet of right-of-way.
SURROUNDING LAND USE & ZONING:
North –undeveloped; PD-220R-SF-12 (pending)
South – single family homes and Dickey’s Restaurant; PD-198- SF-7
and C (Commercial)
East – retail nursery (vacant), offices; R (Retail)
West – Summit at the Springs; PD-208R-SF-9
COMPREHENSIVE PLAN: The Coppell Comprehensive Plan shows the property as suitable
for Residential Medium Density.
DISCUSSION: As discussed above, Council recently approved a Concept Plan
for 56 residential lots and common areas on this 20 acre tract of
land. Given the conceptual nature of the plan, the landscape
plan, and several outstanding conditions, a Detail Plan approval is
required.
ITEM #6
PAGE 3 of 4
Since the Planning Commission’s recommendation for approval
of the Concept Plan the following revisions to the plan approved
by council include:
9 Revised the Side-Yard Fencing Detail to indicate a six-foot
ornamental instead of board-on-board fence, and
9 Increased the maximum number of garages allowed from
3 to 4, and restricted the number of garage doors facing
the street to 2.
The following are the revisions from the Concept Plan to the Detail
Plan:
¾ Along Denton Tap Road, the ‘X’ common area lot has
been defined as 20 feet in width, and an additional 7’ of
width is being dedicated as R.O.W. for Denton Tap Road
(23 foot width was indicated on the Concept Plan)
However, given the proposed landscape and that public
sidewalk meanders into the common area lot, this
common area lot must also encompass a 20-foot sidewalk
easement over the existing sanitary sewer easement.
¾ The applicant has included street names and a table of lot
sizes. The lots range in size from 9,000 square feet to over
17,000 square feet.
¾ There was discussion concerning safety and visibility issues
relating to on-street parking within this subdivision. The
recommendation for approval of the Concept Plan
included limiting the on-street parking along Montebello
Drive to one side of the street, south of its intersection with
Bethel Road (adjacent to Lot 1, Block C). Upon further
analysis of the Detail Plan the Engineering Department is
recommending that there be no parking adjacent to Lots
1, 6, 7, 14, 15 Block C (east side of Montebello Drive) and
adjacent to common area 6X. Note #7 on the Detail Plan
needs to be revised to reflect this condition of approval.
The Concept Plan included a very conceptual landscape Plan, so
this submission includes a Detail Landscape Plan. The following
revisions to the Detail Landscape Plan are required:
¾ Overstory trees are required every 40’ feet along Denton
Tap Road, and must be located in such a manner that
they are a minimum of 20 feet from existing man-holes.
Ensure that the wall and landscaping within this common
area does not interfere with sanitary sewer along Denton
Tap Rd. (The overstory trees were included on the Concept
Landscape Plan).
¾ Sidewalks along Denton Tap and Bethel Road are required
to be 5’ in width (4’ widths are indicated).
¾ The R.O.W. to the south is actually DART not Cottonbelt.
¾ A color board needs to be provided indicating the
materials proposed for the screening wall and monument
sign.
ITEM #6
PAGE 4 of 4
Finally, during the P&Z deliberations on the Concept Plan,
there was discussion relating to preservation of the existing 28”
pecan tree. It appears that this tree will be within proposed
Lot 4, Block C. It is our understanding that the developer will
attempt to preserve this tree. If unable to do so, then a tree
removal permit will be required.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of PD-108R9-SF-9 to attached a
Detail Site Plan, for 56 single-family homes and common/open
space lots, subject to the following conditions:
1. Include a 20’ sidewalk easement within common Lot 1X.
2. Revise Note #7 on the Detail Plan to read as follows “There
shall be no parking adjacent to Lots 1, 6, 7, 14, 15 Block C
(east side of Montebello Drive) and adjacent to common area
6X”.
3. Indicate the existing 5’ wall maintenance easement on lots
adjacent to Summit at the Springs.
4. The Landscape Plan needs to be revised to include overstory
trees every 40’ feet along Denton Tap Road. These trees must
be located in such a manner that they are placed a minimum
of 20 feet from existing man-holes.
5. The sidewalks along Denton Tap and Bethel Road need to be
indicated on the Landscape Plan as 5’ in width (as noted on
the Detail Plan).
6. Submission of a color board indicating the materials proposed
for the screening wall and monument sign.
7. A tree removal permit is required prior to issuance of a grading
permit.
8. Park development fees of $1,285 per unit ($71,960) is be
required.
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) Detail Site Plan
2) Detail Landscape/Hardscape Plan (2 pages)
CAST STONELOGO PANEL ONSCREEN WALLMONUMENT SIGNSTAMPED & COLORCONCRETEAPPROXIMATE LOTENTRY DRIVELOCATIONARCHEDENTRY GATEARCHED ENTRYGATEMASONRYSEATWALL4' CONCRETE SIDEWALKENHANCED COLUMNMONTEBELLO DRIVE
CORSICA COURTVERSAILLES DRIVEBORDEAUX COURTCHALAIS COURT
CHALAIS COURT
BRICK THINWALLBRICK THINWALLBRICK THINWALLCAST STONE LOGOPANEL ON SCREENWALL4'CONCRETE SIDEWALK4' CONCRETESIDEWALKACCESIBLE RAMPPER ALLAPPLICABLE CODESACCESIBLE RAMP PERALL APPLICABLE CODESENHANCEDCOLUMNTRELLIS± 3' EARTH BERMCONCRETEWALK5' CONCRETE SIDEWALK5' CONCRETE SIDEWALKENHANCED COLUMN5' CONCRETESIDEWALK5' CONCRETE SIDEWALKCAST STONELOGO PANELON SCREENWALLSTAMPED & COLORCONCRETE20' COMMON AREA FORSCREENING &LANDSCAPING20' COMMON AREAFOR SCREENING &LANDSCAPINGARMSTRONG BLVD.LEXINGTON AVENUEBETHEL ROADDENTON TAP ROAD
VARIABLE WIDTH R.O.W.ENHANCEDCOLUMNENHANCED COLUMNBENCHMASONRYSEATWALLENHANCEDCOLUMNENHANCED COLUMN5' CONCRETE SIDEWALK5' CONCRETE SIDEWALKOPENLAWNAREABRICK THINWALLSOLID SODBERMUDAGRASSSOLID SOD BERMUDAGRASSSOLID SODBERMUDA GRASSEXISTING TREES WITHINRAILROAD R.O.W. TOREMAINHYDROMULCH BERMUDAGRASSHYDROMULCH BERMUDAGRASSHYDROMULCH BERMUDAGRASSSOLID SODBERMUDA GRASSHYDROMULCH BERMUDAGRASSHYDROMULCH BERMUDAGRASSSOLID SODBERMUDA GRASS4' CONCRETESIDEWALKKRLIRNPHDYHMFGCESCLOIHPYRVCPPWCNRSBILORHGRBROLGMMASONRYSEATWALLCOTTTONBELT RAILROADNOTES:1) ENHANCED STREET PAVING AND SIDEWALKS WITH STAMPED AND COLOR CONCRETE SHALL BETHE MAINTENANCE RESPONSIBILITY OF THE HOA. THESE ENHANCEMENT WILL BE DEVELOPED ASSOON AS BETHEL ROAD IMPROVEMENTS ARE COMPLETED2) A TREE REMOVAL PERMIT MUST BE ISSUED BY THE CITY PRIOR TO THE COMMENCEMENT OF ANYON-SITE GRADING.3) ALL CITY SIDEWALKS SHOULD ADHERE TO ADA STANDARDS.5) DIMENSIONS ARE FACE-TO-FACE UNLESS OTHERWISE NOTED.6) THE LOT NUMBER DESIGNATION "X" SIGNIFIES A COMMON AREA LOT AND WILL BE MAINTAINED BYTHE HOA.7) THE LANDSCAPE MATERIAL MAY BE WITHIN THE EXISTING SEWER EASEMENT PROVIDED IF ITDOES NOT INTERFERE WITH THE EXISTING SEWER LINE.8) SCREENING WALL ADJACENT TO LOT 1, BLOCK A TO CONNECT WITH EXISTING SCREENING WALLIN SUMMIT AT THE SPRINGS, PHASE ONE.GENERAL NOTES:1. QUANTITIES SHOWN ON PLANT LIST ARE LANDSCAPE ARCHITECT'S ESTIMATE ONLY AND SHOULD BE VERIFIED PRIOR TO BIDDING.CONTRACTOR SHALL BE RESPONSIBLE FOR BIDDING AND PROVIDING QUANTITY OF PLANTS REQUIRED AT SPACING DESIGNATED FORBED SIZES AND CONFIGURATIONS SHOWN ON PLANS REGARDLESS OF QUANTITIES DESIGNATED ON PLANT LIST.2. ALL SIZE REQUIREMENTS AND CONTAINER SIZES FOR PLANT MATERIALS SHOWN ON THE PLANT LIST MUST BE MET AS MINIMUM. IF ANYSPECIFIC REQUIREMENT CANNOT BE MET (I.E., IF A 100 GALLON TREE CANNOT MEET THE SPECIFIED CALIPER REQUIREMENT), THECONTRACTOR SHALL NOTIFY THE LANDSCAPE ARCHITECT PRIOR TO BIDDING. THE CONTAINER SIZE MUST BE MET REGARDLESSWHETHER THE SPECIFIED SIZES CAN BE REACHED WITH A SMALLER SIZE CONTAINER.3. ALL LANDSCAPING WILL BE WATERED BY AN AUTOMATIC UNDERGROUND WATERING SYSTEM.
GENERAL NOTES:1. BRICK AVAILABLE FROM ACME BRICKCOMPANY. RESIDENTIAL SALES CONTACT: DEAHOPPER (PHONE: 817-685-9641)2. THESE DETAILS FOR ARCHITECTURAL DESIGNONLY REFER TO STRUCTURAL DRAWINGS FORSTRUCTURAL DESIGNFINISH GRADE+/- 9-9"6"1'-2"2'-10"8"3'-0"2'-7"+/- 3'-0"#5 BARSVERTICAL INCOLUMN, TYP.SOLDIER COURSE MORTAREDTO CONCRETE SLAB(FOREGROUND)2'-0"3'-0"COLUMN TYPE B @ 10'-0" O.C. MAX.RE: B/L2.3MALBECK LEDGEBLEND STONEKING SIZE BRICK13 RUNNING BOND COURSE(BRICK STYLE TO BE SELECTED)ENHANCEDCOLUMNTOP AND BOTTOM ROWLOCK HEADERPROJECTED OUT 3/4".OPEN (SEE THROUGH)WINDOW1'-2"CAST STONE LOGO PANEL(LOGO TO BE DETERMINED)BRICK CAP22 GAUGE TIES INSIDE BRICKHOLES ON BOTTOM COURSEBEND TIES OVER TOP OFHORIZ. JOINT REINF.RE: D/L2.24"x12" CONCRETE MOW STRIPEXPANSION JOINT TYP.RE: STRUCTURALDRAWINGSRE: STRUCTURALDRAWINGSMALBECK LEDGEBLEND STONEENHANCED PAVINGYORKSTONE PATTERN (LIGHT TEXTURE WITH A 14" JOINT)FIELD COLOR: ASHFORD WITH A FADED ROSE RELEASEBY CONCREATION INTERNATIONAL, INC.BANDING COLOR: RUSSET WITH A HAVANA RELEASE BYCONCREATION INTERNATIONAL, INC.TYPE & DESCRIPTIONPATTERNED CONCRETE OF DALLASPHONE: 972-434-2507OR APPROVED EQUAL.PROVIDE SAMPLE FOR LANDSCAPEARCHITECT'S APPROVALMANUFACTURERhateausofCoppellCby TollbrothersCAST STONE TRIMCAST STONE CAPRE: B/L2.2 SIMILAR7'-2"15'-10"1'-7"
2'-0"CAST STONE SIGN PANEL7"SANDBLASTED LOGO AND LETTERING PAINTED BLACK(LOGO TO BE DETERMINED)1'-7"4"
3"COLUMNBEYONDCAST STONETO EXTENDINTO COLUMN18'-4"5'-10"12'-0"13'-4"R1'-1"1"2"2"1"9'-11"7'-5"MALBECK LEDGEBLEND STONEFINISH GRADEMALBECK LEDGEBLEND STONEBRICK CAPCAST STONE LOGOPANEL (LOGO TO BEDETERMINED)2'-5"1'-7"5"3'-10"1'-8"3'-1"
10'-7"RE: STRUCTURALDRAWINGSRE: STRUCTURALDRAWINGSTRELLISRE: A/L2.5 SIMILAR
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
September 11, 2007
14
✔
PRESENTATION
Consider approval of The Chateaus of Coppell, Preliminary Plat, to allow the development of 56 single-family homes
and common/open space lots on 20 acres of property located at the southwest corner of Bethel and Denton Tap
Roads.
The following P&Z conditions remain outstanding:
1) Include a sidewalk easement within common Lot 1X.
2) Revise notes to reflect notes on the Detail Plan, including the revision to Note #5 on the to read as follows “There
shall be no parking adjacent to Lots 1, 6, 7, 14, 15 Block C (east side of Montebello Drive) and adjacent to common
area 6X”.
3) Drainage easements must be abandoned by separate instrument.
4) Indicate location of proposed screening wall to assure no conflict with existing sanitary sewer line.
5) Revise “Cottonbelt Railroad” to DART.
On August 30, 2007, the Planning Commission unanimously
recommended approval of this zoning change (xxx), subject to the
above-stated conditions. Commissioners Haas, Kittrell, Borchgardt,
Fox, Reese and Frnka voted in favor, none opposed.
Staff recommends APPROVAL.
@04T Chateaus of Coppell, PP, 1-AR
ITEM #7
PAGE 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
The Chateaus of Coppell, Preliminary Plat
P&Z HEARING DATE: August 16, 2007 (Rescheduled to August 30, 2007)
C.C. HEARING DATE: September 11, 2007
STAFF REP: Marcie Diamond, Assistant Director of Planning
LOCATION: The southwest corner of Bethel and Denton Tap Roads
SIZE OF AREA: 20 acres of property
CURRENT ZONING: PD-108R9-SF-9 (Planned Development-108R9-Single Family-9)
REQUEST: A preliminary plat to allow the development of 56 single-family
homes and common/open space lots.
APPLICANT: Prospective Purchaser/Developer:
Toll Brothers or Assigns
2557 S.W. Grapevine Parkway, Suite 100
Grapevine, Texas 76051
817.329.8770
FAX: 817.488.2496
Engineer:
Matt Alexander, P.E.
Dowdey, Anderson and Associates, Inc.
5225 Village Creek Drive, Suite 200
Plano, Texas 75093
972.931.0694
FAX: 972.931.9538
HISTORY: In 1989, 115 acres were rezoned from PD-Recreation Center to PD-108
for institutional, office, retail, commercial and light industrial uses. This
property was owned by the Baptist Foundation, and their Concept
Plan indicated a proposed university site east of Grapevine Creek. To
the west of Grapevine Creek was a proposed park. The balance of
the PD was envisioned for light industrial/tech uses, with commercial
and office buildings proposed along Denton Tap Road. In 1995, this
PD was amended to allow for the development of The Summit at the
ITEM #7
PAGE 2 of 3
Springs, a 46-lot SF-9 residential subdivision on approximately 30 acres
located roughly 500 feet west of Denton Tap Road, south of Bethel
Road. In 1998, this PD was amended to allow for The Reserve, a 23-lot
residential subdivision on 9.7 acres of land located to the west of The
Summit at the Springs. In 1998 a request to rezone a 37-acre tract
(which now includes the Service Center site) from PD-LI and R to PD-
SF-9 for 102 single-family lots (to be known as Westchase) was denied
by City Council. This 37-acre tract was subsequently sold to the City of
Coppell for future use. In July of 2005, PD-108R6-H was approved to
allow the development of two medical and office buildings totaling
33,108-square-feet on the south side of Bethel Road. The first building
has been constructed and is currently partially occupied.
On July 10, 2007 Council approved a Concept Plan for 56 residential
lots on this 20 acre tract of land. Given the conceptual nature of the
plan and the landscape plan, and the outstanding conditions, a
Detail Plan approval is required, in addition to the Preliminary Plat.
TRANSPORTATION: Bethel Road is a two-lane asphalt road contained within a
variable width right-of-way. Construction to a concrete roadway
is scheduled to begin late third quarter, 2008.
SURROUNDING LAND USE & ZONING:
North –undeveloped; PD-220R-SF-12 (pending)
South – single family homes and Dickey’s Restaurant; PD-198- SF-7
and C (Commercial)
East – retail nursery (vacant), offices; R (Retail)
West – Summit at the Springs; PD-208R-SF-9
COMPREHENSIVE PLAN: The Coppell Comprehensive Plan shows the property as suitable
for Residential Medium Density.
DISCUSSION: This is a companion case to the PD request to attach a Detail Plan
for the development of 56 single family lots and 6 common area
lots. A final plat will be required prior to the actual development
of this property; however, several revisions as discussed in the PD
will need to be reflected on this preliminary as well as the Final
Plat.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of Chateaus of Coppell,
Preliminary Plat, subject to the following conditions:
1) Include a sidewalk easement within common Lot 1X.
2) Revise notes to reflect notes on the Detail Plan, including
the revision to Note #5 on the to read as follows “There
shall be no parking adjacent to Lots 1, 6, 7, 14, 15 Block C
ITEM #7
PAGE 3 of 3
(east side of Montebello Drive) and adjacent to common
area 6X”.
3) Drainage easements must be abandoned by separate
instrument.
4) Indicate location of proposed screening wall to assure no
conflict with existing sanitary sewer line.
5) Revise “Cottonbelt Railroad” to DART
ALTERNATIVES:
1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
ATTACHMENTS:
1) Preliminary Plat
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
September 11, 2007
15
✔
PRESENTATION
Consider granting the Planning & Zoning Commission Final Plat approval authority of The Chateaus of Coppell, to
allow the development of 56 single-family homes and common/open space lots on 20 acres of property located at
the southwest corner of Bethel and Denton Tap Roads.
Staff recommends approval.
@04U Chateaus of Coppell, FPA, 1-AR
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
September 11, 2007
16
✔
PUBLIC HEARING
Consider approval of Case No. PD-214R3-SF-9, Arbor Manors Phase II, zoning change request from R (Retail) to
PD-214R3-SF-9 (Planned Development-214 Revision-3-Single Family-9) to attach a Detail Site Plan to allow the
development of two (2) single-family homes, one (1) common area lot and street right-of-way on approximately 0.87
acres of property located north of the Whispering Hills Addition and east of the Georgian Place Addition.
The following P&Z conditions remain outstanding:
1) Change Condition 5.0 in write up from “Maximum” to “Minimum” Lot Area.
2) Include graphic example of Exhibit “C” behind legal description in write-up.
On August 30, 2007, the Planning Commission unanimously
recommended approval of this zoning change (xxx), subject to the
above-stated conditions. Commissioners Haas, Kittrell, Borchgardt,
Fox, Reese and Frnka voted in favor, none opposed.
Staff recommends APPROVAL.
@05PD-214R3-SF-9, AM PH II, 1-AR
ITEM # 8
PAGE 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Case No.: PD-214R3-SF-9, Arbor Manors Phase II
P&Z HEARING DATE: August 16, 2007 (Rescheduled to August 30, 2007)
C.C. HEARING DATE: September 11, 2007
STAFF REP: Gary L. Sieb, Director of Planning
LOCATION: North of the Whispering Hills Addition and east of the Georgian
Place Addition
SIZE OF AREA: 0.87 acres of property
CURRENT ZONING: R, Retail
REQUEST: Zoning change request to PD-214R3-SF-9 (Planned Development-
214 Revision-3-Single Family-9) attaching a Detail Site Plan to allow
the development of two (2) single-family homes, one (1) common
area lot and street right-of-way.
APPLICANT: Engineer:
Dowdey, Anderson and Assoc.
Matt Alexander, P.E.
5225 Village Creek Drive
Suite 200
Plano, TX. 75093
(972) 931-0694
Fax: (972) 931-9538
HISTORY: A request for 122 townhouses on approximately 24 acres and
commercial/retail uses on approximately 5 acres was submitted
for property adjacent to this request in 2006. After several
postponements, the request was denied by Planning Commission
and not appealed to City Council. In April of 2007, a revised plan
was submitted on the same parcel which included 73 single family
lots on 24 acres and commercial/retail uses on 5 acres. That
ITEM # 8
PAGE 2 of 3
request was approved by both the Planning Commission and City
Council in mid 2007. During those hearings, the applicant
expressed a desire to add two more residential lots to the PD if an
agreement could be worked out between the applicant and an
adjacent land owner. An agreement has been reached, hence
this request to amend the PD.
TRANSPORTATION: Denton Tap Road is a P6D, improved, concrete, six-lane divided
thoroughfare contained within a 110 foot right-of-way. Sandy Lake
Road is an existing asphalt two-lane road to eventually be
improved to a C4D, four–lane, divided thoroughfare contained
within a 110 foot right-of-way.
SURROUNDING LAND USE & ZONING:
North- GTE warehouse; R (Retail)
South - single-family residences; SF-12 (Single Family 12)
East- vacant; PD-SF-9/C, (PD for Residential/Commercial)
West- single-family residences; SF-7 (Single-Family 7)
COMPREHENSIVE PLAN: The Coppell Comprehensive Master Plan, as amended, shows the
property as suitable for single-family uses.
DISCUSSION: As outlined in the HISTORY section, property adjacent to this
request has been involved in recent zoning activity, resulting in
the approval of a 73 lot single-family and a 5 acre
commercial/retail development. That approval was granted in
mid 2007. What is applied for here is an additional two residential
lots somewhat larger than those already approved in the
proposed subdivision. Also, the extension of a street to serve
these lots and additional common space is included in the
application. When initially submitted, the applicant indicated a
desire to enlarge his development by two lots if an agreement
with GTE to sell adjacent property could be accomplished. That
has occurred and this proposal would be a logical extension of
the approved project. Since this proposed revision is compatible
with the Detail Planned Development to be constructed
adjacent, staff can support this request provided the conditions
listed below are complied with.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of this request subject to the following conditions:
1) Change Condition 5.0 in write up from “Maximum” to
“Minimum” Lot Area.
ITEM # 8
PAGE 3 of 3
2) Include graphic example of Exhibit “C” behind legal
description in write-up.
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) Planned Development written regulations
2) Zoning Exhibit
3) Detail Site Plan
Exhibit “A”
Arbor Manors II
Planned Development Regulations
Development Standards
Submitted: July 16, 2007
Revised:
Owner:
H.T. Ardinger
1990 Lake Pointe Drive
Lewisville, Texas 75057
Developer/Applicant:
Priority One Development or Assigns
1111 North Post Oak Road
Houston, Texas 77055
(713) 316-3120
Planner/Engineer/Surveyor:
Dowdey, Anderson and Associates, Inc.
5225 Village Creek Drive
Suite 200
Plano, Texas 75093
(972) 931-0694
(972) 931-9538 Fax
Planned Development Regulations
For a 0.9 acre tract out of the Edward A. Crow Survey, Abstract No. 301 in the
City of Coppell, Denton Counties, Texas.
1.0 Purpose
The purpose of this PD is to add approximately 0.9 acres of land to the
existing Arbor Manors community. This addition will provide for the
additional street right-of-way needed for the proposed cul-de-sac with the
original Arbor Manors Concept Plan, provide the opportunity to add two
more single family lots, and add some additional open space.
2.0 Definitions:
Definitions used herein shall be the same as those found in Article 42 of
the Chapter 12 Zoning of the Code of Ordinances of the City of Coppell,
Texas.
3.0 General Regulations
1. All regulations redefined by this amendment shall default to the
existing regulations set forth in the Coppell Zoning Ordinance, adopted by
the City on April 4, 2002.
2. A property owners association shall be established and shall be
responsible for the maintenance of all park/open space areas.
3. All dwelling shall be street access or front-entry.
4.0 Use Regulations
The permitted uses within Tract A and Tract B shall as follows:
The permitted uses shall be those uses permitted by the Coppell Zoning
District “SF-7” – Single-Family 7 described in Article 13 of the Section 12
of the Zoning Ordinances for the City of Coppell, Texas.
5.0 Area Regulations
The following amended area regulations shall apply:
Minimum Front Yard -
The minimum depth of the front yard shall be twenty-five (25) feet.
Minimum Rear Yard -
The minimum depth of the rear yard shall be twenty (20) feet.
Minimum Side Yard -
The minimum depth of the side yard shall be eight (8) feet and the
minimum side yard for corner lot shall be fifteen (15) feet. In addition, each
corner side yard shall be developed as depicted on the attached “Side
Yard Fencing Plan and Detail.”
Maximum Lot Coverage -
The maximum lot coverage shall not be greater than fourty
(40) percent of the gross lot area for one-story dwellings and thirty-five
(35) percent of the gross lot area for two-story dwellings.
Minimum Lot Width -
The minimum lot width measured at the proposed building line shall be
seventy-five (75) feet.
Minimum Lot Depth -
The minimum lot depth shall be one-hundred-ten (110) feet.
Maximum Lot Area -
The minimum lot area shall be eight-thousand-two-hundred and fifty
(8,250) square feet.
Maximum Building Height –
The maximum building height shall be 35 feet measured at the mid-point
between the eves and the dominate ridge of the hip or gabled roofs.
6.0 Landscape and Screening Regulations
The +/-1.5 acres of open space provided and the preservation of trees
within the proposed lots shall satisfy the tree mitigation requirements or
monetary penalties associated with the future removal of any existing
trees from Tract A and B. In addition, the developer shall pay the City
$101,000.00 to satisfy all tree mitigation.
The following landscaping regulations shall apply:
The landscape requirements shall be as defined by the Zoning Ordinance.
The following screening regulations shall apply:
1. The perimeter screening separating non-residential and residential
land uses shall be in accordance with Article 33-Section (12-33-1.8)
of the Coppell Zoning Ordinance.
2. The residential side yard fencing shall be a 6-foot board-on-board
wooden fence with a unified stain throughout. In addition, shade
trees shall be planted in as depicted on the “Side Yard Fencing
Plan and Detail.”
7.0 Subdivision Regulations
• Development shall meet the standards as required in the City of Coppell
Subdivision Ordinance.
8.0 Legal Description
See attached Exhibit “C”.
EXHIBIT “B”
EXHIBIT “C”
LEGAL DESCRIPTION
BEING a tract of land located in the JAMES W. ANDERSON SURVEY, ABSTRACT
NO. 18, City of Coppell, Dallas County, Texas and being a part of a tract of land
described in Deed to General Telephone Company of the Southwest, recorded in Volume
82021, Page 1087, Deed Records, Dallas County, Texas and being more particularly
described as follows:
BEGINNING at a 1 inch iron rod found in the East line of said General Telephone
Company tract recorded in Volume 82021, Page 1087 at the Northwest corner of a tract
of land described in Deed to Horace Thompson Ardinger, Jr., recorded in Volume 95064,
Page 4717 and the Southwest corner of a tract of land described in Deed to General
Telephone Company of the Southwest, recorded in Volume 71011, Page 1961, Deed
Records, Dallas County, Texas;
THENCE South 00 degrees 26 minutes 54 seconds East, a distance of 300.84 feet to a
point at the Southeast corner of said General Electric Telephone tract recorded in Volume
82021, Page 1087 and at the Northeast corner of Lot 9, Block C of WHISPERING
HILLS, an Addition to the City of Coppell, Dallas County, Texas according to the Plat
thereof recorded in Volume 80016, Page 1736, Map Records, Dallas County, Texas;
THENCE North 57 degrees 52 minutes 14 seconds West, a distance of 177.99 feet to a
point at the Southwest corner of said General Electric Telephone tract recorded in
Volume 82021, Page 1087 and at the most Southerly Northwest corner of Lot 8, Block C
of REPLAT OF LOTS 1-8, BLOCK C WHISPERING HILLS, an Addition to the City of
Coppell, Dallas County, Texas according to the Plat thereof recorded in Volume 99097,
Page 84, Map Records, Dallas County, Texas;
THENCE North 00 degrees 26 minutes 50 seconds West, along the common line of said
General Electric Telephone tract recorded in Volume 82021, Page 1087 and the West line
of GEORGIAN PLACE, an Addition to the City of Coppell, Dallas County, Texas
according to the Plat thereof recorded in Volume 99119, Page 1, Map Records, Dallas
County, Texas, a distance of 204.90 feet to a point for corner;
THENCE North 89 degrees 30 minutes 47 seconds East, leaving said common line, a
distance of 149.98 feet to the POINT OF BEGINNING and containing 37,926 square
feet or 0.871 acres of land, more or less.
X:\Projects LDD\05088\dwg\05088-02ZONINNG.dwg, ZONING EXHIBIT, 8/7/2007 10:52:17 AM, rrogers, Dowdey, Anderson & Associates, Inc., RRREVISED:DOWDEY, ANDERSON & ASSOCIATES, INC. AUGUST 7, 2007
X:\Projects LDD\05088\dwg\05088-02ZONINNG.dwg, DETAIL SITE PLAN, 8/7/2007 10:52:40 AM, rrogers, Dowdey, Anderson & Associates, Inc., RRREVISED:DOWDEY, ANDERSON & ASSOCIATES, INC.
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
September 11, 2007
17
✔
PRESENTATION
Consider approval of the Arbor Manors Phase II, Preliminary Plat, to allow the development of two (2) single-family
homes, one (1) common area lot and street right-of-way on approximately 0.87 acres of property located north of the
Whispering Hills Addition and east of the Georgian Place Addition.
There are no outstanding P&Z conditions.
On August 30, 2007, the Planning Commission unanimously
recommended approval of this zoning change (xxx), subject to the
above-stated conditions. Commissioners Haas, Kittrell, Borchgardt,
Fox, Reese and Frnka voted in favor, none opposed.
Staff recommends APPROVAL.
@06Arbor Manors PH II, PP, 1-AR
ITEM #9
PAGE 1 of 2
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Arbor Manors Phase II, Preliminary Plat
P&Z HEARING DATE: August 16, 2007 (Rescheduled to August 30, 2007)
C.C. HEARING DATE: September 11, 2007
STAFF REP: Gary L. Sieb, Director of Planning
LOCATION: North of the Whispering Hills Addition and east of the Georgian
Place Addition
SIZE OF AREA: 0.87 acres of property
CURRENT ZONING: R, Retail
REQUEST: A preliminary plat to allow the development of two (2) single-
family homes, one (1) common area lot and street right-of-way.
APPLICANT: Engineer:
Dowdey, Anderson and Associates
Matt Alexander, P.E.
5225 Village Creek Drive
Suite 200
Plano, TX. 75093
(972) 931-0694
Fax: (972) 931-9538
HISTORY: A request for 122 townhouses on approximately 24 acres and
commercial/retail uses on approximately five acres was submitted
for property adjacent to this request in 2006. After several
postponements, the request was denied by the Planning
Commission and not appealed to City Council. In April of 2007, a
revised plan was submitted on the same parcel which included
73 single-family lots on 24 acres and commercial/retail uses on
five acres. That request was approved by both the Planning
Commission and City Council in mid 2007. During those hearings,
the applicant expressed a desire to add two more residential lots
to the PD if an agreement could be worked our between the
applicant and an adjacent land owner. An agreement has been
ITEM #9
PAGE 2 of 2
reached, hence the request to add two lots to the PD by this
preliminary plat request.
TRANSPORTATION: Denton Tap Road is a P6D, improved concrete, six-lane divided
thoroughfare contained within a 110-foot right-of-way. Sandy
Lake Road is an existing asphalt two-lane road to eventually be
improved to a C4D, four-lane, divided thoroughfare contained
within a 110 foot right-of-way.
SURROUNDING LAND USE & ZONING:
North-GTE Warehouse; R (Retail)
South-single-family residences; SF-12 (Single-Family 12)
East-vacant; PD-SF-9/C, (PD for Residential/Commercial)
West-single-family residences; SF-7 (Single Family 7)
COMPREHENSIVE PLAN: The Coppell Comprehensive Master Plan, as amended, shows the
property as suitable for single-family uses.
DISCUSSION: This preliminary plat would allow an expansion of the Arbor
Manors Planned Development. This .87 acre parcel is being
platted into two lots, one common area, and street right-of-way
to gain access to the residential sites. Because it is a logical
expansion to the existing PD, and the fact that the applicant had
indicated a desire to add to the PD if this property could be
acquired, we can support this request. Once the Final Plat is
approved for this parcel, the PD will contain 75 single-family lots
and be reflective of the Comprehensive Plan’s ultimate use for
this property.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of this request, all conditions have been met.
ALTERNATIVES:
1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
ATTACHMENTS: 1) Preliminary Plat Document
X:\Projects LDD\05088\dwg\05088-02Pp.dwg, Sheet 1, 8/7/2007 10:54:03 AM, rrogers, Dowdey, Anderson & Associates, Inc., RRREVISED:DOWDEY, ANDERSON & ASSOCIATES, INC. AUGUST 7, 2007
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
September 11, 2007
18
✔
PUBLIC HEARING
Consider approval of the Arbor Manors, Replat, to allow the development of 73 single-family homes and 10 common
area lots on approximately 25.15 acres of property located south of Sandy Lake Road; and west of Denton Tap Road.
The following P&Z conditions remain outstanding:
1) Changing references on all exhibits from existing PD-SF-7/C to PD-SF-9/C.
2) Note that access easement through Lot 10X will be constructed by this development.
3) Need copy of Letter of Intent indicating the GTE is agreeable to selling property for Arbor Manors, Phase Two.
On August 30, 2007, the Planning Commission unanimously
recommended approval of this zoning change (xxx), subject to the
above-stated conditions. Commissioners Haas, Kittrell, Borchgardt,
Fox, Reese and Frnka voted in favor, none opposed.
Staff recommends APPROVAL.
@07Arbor Manors, RP, 1-AR
ITEM #10
PAGE 1 of 2
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Arbor Manors, Replat
P&Z HEARING DATE: August 16, 2007 (Rescheduled to August 30, 2007)
C.C. HEARING DATE: September 11, 2007
STAFF REP: Gary L. Sieb, Director of Planning
LOCATION: South of Sandy Lake Road; and west of Denton Tap Road
SIZE OF AREA: 25.15 acres of property
CURRENT ZONING: PD-214 R2-SF-9 and C, (Planned Development-214 Revision 2
Single Family-9 and Commercial)
REQUEST: A replat to allow the development of 73 single-family homes and
10 common area lots.
APPLICANT: Engineer:
Dowdey, Anderson and Associates
Matt Alexander, P.E.
5225 Village Creek Drive
Suite 200
Plano, TX, 75093
(972) 931-0694
Fax: (972) 931-9538
HISTORY: A request for 122 townhouses on approximately 24 acres and
commercial/retail uses on approximately 5 acres was submitted
on this property in 2006. After several postponements, the request
was denied by the Planning Commission and not appealed to
City Council. In April of 2007, a revised plan was submitted on
the same parcel which included 73 single-family lots on 24 acres
and commercial/retail uses on 5 acres. That request was
approved by both the Planning Commission and City Council in
mid 2007. This request would allow the original 73 lot subdivision to
be platted and allow development to continue on the property.
ITEM #10
PAGE 2 of 2
TRANSPORTATION: Denton Tap Road is a P6D, improved, concrete, six-lane divided
thoroughfare contained within a 110 foot right-of-way. Sandy
Lake Road is an existing asphalt two-lane road to eventually be
improved to a C4D, four-lane, divided thoroughfare contained
within a 110 foot right-of-way.
SURROUNDING LAND USE & ZONING:
North-GTE warehouse; R (Retail)
South-single-family residences; SF-12 (Single-Family 12)
East- vacant; PD-SF-9/C, (PD for Residential/Commercial)
West-single-family residences; SF-7 (Single Family 7)
COMPREHENSIVE PLAN: The Coppell Comprehensive Master Plan, as amended, shows the
property as suitable for single-family uses.
DISCUSSION: This request, if approved, will allow development of Arbor Manors,
a 73 lot, single-family subdivision with ten common areas.
Ultimate residential build-out will include an additional two
residential lots on the western portion of this PD. A preliminary plat
has been submitted to include that .9 acre parcel. Total lot count
would then be 75 lots. No lot in this subdivision is less than 8,250
square feet, with minimum lot width of 75 feet, and minimum
depth of 110 feet. This development will compliment the already
developed single-family lots to the south (in fact these lots are
somewhat larger than those in WynnPage), and is in
conformance with the Comprehensive Plan in both land use and
density. This parcel is a replat of property that had formerly been
platted into one large lot for purposes of selling the land. With
compliance with the conditions listed below, staff can support this
request.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of this request subject to the following conditions:
1) Changing references on all exhibits from existing PD-SF-7/C to
PD-SF-9/C.
2) Note that access easement through Lot 10X will be
constructed by this development.
3) Need copy of Letter of Intent indicating the GTE is agreeable
to selling property for Arbor Manors, Phase Two.
ALTERNATIVES:
1) Recommend approval of the request
2) Recommend disapproval of the request
3) Recommend modification of the request
ATTACHMENTS: 1) Replat Document
X:\Projects LDD\05088\dwg\05088Fp.dwg, Sheet 1, 8/7/2007 10:48:32 AM, rrogers, Dowdey, Anderson & Associates, Inc., RRREVISED:DOWDEY, ANDERSON & ASSOCIATES, INC. AUGUST 7, 2007
X:\Projects LDD\05088\dwg\05088Fp.dwg, Sheet 2, 8/7/2007 10:49:45 AM, rrogers, Dowdey, Anderson & Associates, Inc., RRREVISED:DOWDEY, ANDERSON & ASSOCIATES, INC. AUGUST 7, 2007“”“”“”“””“”“”“”“”“”“”“”“”“”“”“”“”“”“”“”
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:
Finance
September 11, 2007
19
✔
ORDINANCE
Consider approval of an Ordinance approving and adopting the budget for the City of Coppell for the Fiscal Year of
October 1, 2007 through September 30, 2008, and authorizing the Mayor to sign.
Staff recommends approval of the Ordinance.
$BudgetAdopt-1AR
ORDINANCE NO. _______________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, APPROVING AND
ADOPTING A BUDGET FOR THE CITY FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2007, AND ENDING SEPTEMBER 30, 2008; APPROPRIATING THE
VARIOUS AMOUNTS REQUIRED FOR SUCH BUDGET; PROVIDING FOR
RECORDING OF THE ORDINANCE; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager of the City of Coppell, Texas, has submitted to the City Council a
proposed budget of the revenues and expenditures of conducting the affairs of the City and providing a
complete financial plan for 2007-2008; and
WHEREAS, the City Council of the City of Coppell has received the proposed budget, a copy of
which proposed budget and all supporting schedules have been filed with the City Secretary of the City of
Coppell; and
WHEREAS, the City Council has conducted the necessary public hearings as required by law;
NOW, THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1. That the proposed budget of the revenues of the City of Coppell and the expenditures
of conducting the affairs of the City, providing a complete financial plan for the ensuing fiscal year
beginning October 1, 2007, and ending September 30, 2008 as submitted to the City Council by the City
Manager, be, and the same is hereby, in all things adopted and approved as the budget of all current
revenues and expenditures of the City for the fiscal year beginning October 1, 2007, and ending September
30, 2008.
SECTION 2. That the sum of $73,617,826 is hereby appropriated for the expenditures established
in the approved budget, attached hereto as Exhibit “A” and made part hereof for all purposes.
SECTION 3. That the City Council reserves the authority to transfer designated appropriations to
any individual department or activity.
SECTION 4. That all notices and public hearings required by law have been duly completed.
SECTION 5. That all ordinances of the City of Coppell in conflict with the provisions of this
ordinance be, and the same are hereby, repealed and all other provisions of the ordinances of the City of
Coppell not in conflict with the provisions of the Ordinance shall remain in full force and effect.
SECTION 6. 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 thereof decided
to be unconstitutional, illegal or invalid.
SECTION 7. This Ordinance shall take effect immediately from and after its passage, as the
law and charter in such cases provides.
DULY PASSED and adopted by the City Council of the City of Coppell, Texas, on the 11th day of
September, 2007.
APPROVED:
___________________________
MAYOR
ATTEST:
___________________________
CITY SECRETARY
APPROVED AS TO FORM:
____________________________________________
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:
Finance
September 11, 2007
20
✔
PROCEDURAL
Consider the approval of the property tax revenue increase as reflected in the 2007-2008 Annual Budget.
Pursuant to Section 102.007 of the Texas Local Government Code, when a budget raises more revenue from property
tax than in previous years, a separate vote of the governing body is required to ratify this increase. A vote under this
section is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate. This is a new
requirement effective September 1, 2007.
Staff recommends approval.
$RatifyPropTaxInc-1AR
CITY OF COPPELL, TEXAS
ANNUAL OPERATING BUDGET
FOR FISCAL YEAR 2007-2008
This budget will raise more total property taxes than last year’s budget by $2,437,699 or 9.04%,
and of that amount $808,433 is tax revenue to be raised from new property added to the roll this
year.
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:
Finance
September 11, 2007
21
✔
ORDINANCE
Consider approval of an Ordinance of the City of Coppell, Texas levying the ad valorem taxes for the year 2007
at .64146/$100 per valuation of which .47616 for operations and maintenance and .16530 for interest and sinking, and
authorizing the Mayor to sign.
Staff recommends approval of the tax rate.
$TaxRateAdopt-1AR
1
ORDINANCE NO. _______________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, LEVYING THE AD
VALOREM TAXES FOR THE YEAR 2007 AT A RATE OF .64146 PER ONE
HUNDRED DOLLARS ($100) ASSESSED VALUATION ON ALL TAXABLE
PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY AS OF
JANUARY 1, 2007; TO PROVIDE AN INTEREST AND SINKING FUND ON ALL
OUTSTANDING DEBTS OF THE CITY; PROVIDING FOR DUE AND
DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST; AND
DECLARING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1. That there be and is hereby levied for the year 2007 on all taxable property, real,
personal and mixed, situated within the limits of the City of Coppell, Texas, and not exempt by the
Constitution of the State and valid State laws, a tax of .64146 on each One Hundred Dollars ($100) assessed
value of taxable property, and shall be apportioned and distributed as follows:
a) For the PURPOSE of defraying the current expenses of the municipal government of the
City, a tax of $.47616 on each One Hundred Dollars ($100) assessed value of all taxable property. THIS
TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST
YEAR’S TAX RATE. THE TAX RATE WILL LOWER TAXES FOR MAINTENANCE AND
OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $6.62.
b) For the PURPOSE of creating a sinking fund to pay the interest and principal on all
outstanding bonds of the City, not otherwise provided for, a tax of $.16530 on each One Hundred Dollars
($100) assessed value of all taxable property, within the City which shall be applied to the payment of such
interest and maturities of all outstanding bonds.
SECTION 2. That all ad valorem taxes shall become due and payable on October 1, 2007 and all
ad valorem taxes for the year shall become delinquent after January 31, 2008. There shall be no discount for
payment of taxes prior to said January 31, 2008. A delinquent tax shall incur all penalty and interest
authorized by law (Section 33.01, et seq., Texas Property Tax Code), to wit: a penalty of six percent of the
amount of the tax for the first calendar month it is delinquent plus one percent for each additional month or
portion of a month the tax remains unpaid prior to July 1 of the year in which it becomes delinquent.
Provided, however, a tax delinquent on July 1, incurs a total penalty of twelve percent of the amount
of the delinquent tax without regard to the number of months the tax has been delinquent. A delinquent tax
shall also accrue interest at a rate of one per cent for each month or portion of a month the tax remains
2
unpaid. An additional penalty on delinquent personal property taxes for tax years 2006 and subsequent years
is hereby authorized and imposed as provided by Section 33.11. TEXAS PROPERTY TAX CODE, in the
amount of 20% of the delinquent tax, penalty and interest if tax becomes delinquent on February 1 of a year
and remains delinquent on the 60th day thereafter. Taxes that remain delinquent on July 1, 2008, incur an
additional penalty not to exceed twenty percent of the amount of taxes, penalty, and interest due; such
additional penalty is to defray costs of collection due to contract with the City’s Attorney pursuant to
Section 6.30 and Section 33.07 of the Property Tax Code, as amended. Taxes for the year 2008 and taxes
for all future years that remain delinquent on or after June 1 under Texas Property Tax Code Sections
26.07(f), 26.15(e), 31.03, 31.031, 31.032 or 31.04 incur an additional penalty in an amount not to exceed
twenty percent (20%) of taxes, penalty and interest due, pursuant to Texas Property Tax code Section 6.30
and Section 33.08, as amended.
SECTION 3. Taxes are payable in Coppell, Texas, at the office of the Tax Assessor/Collector. The
City shall have available all rights and remedies provided by law for the enforcement of the collection of
taxes levied under this ordinance.
SECTION 4. That the tax rolls, as presented to the City Council together with any supplement
thereto, be, and the same are hereby approved.
SECTION 5. The fact that it is necessary that this ordinance be enacted in order to authorize the
collection of ad valorem taxes for the year 2007, this ordinance shall take effect from and after its passage as
the law in such cases provides.
DULY PASSED and adopted by the City Council of the City of Coppell, Texas, this the 11th day of
September 2007.
APPROVED:
___________________________
MAYOR
ATTEST:
___________________________
CITY SECRETARY
APPROVED AS TO FORM:
____________________________________________
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:
Finance
September 11, 2007
22
✔
RESOLUTION
Consider approval of a Resolution denying the request by Atmos Energy Corporation to implement an annual gas
reliability infrastructure program rate increase for the fourth consecutive year, providing notice hereof to said
company, and authorizing the Mayor to sign.
On May 31, 2007, Atmos Energy Corporation filed with the City of Coppell a request for the fourth consecutive year for
an annual gas reliability infrastructure program (GRIP) rate increase for our customers. Based on our gas rate
attorney's recommendation, the City of Coppell is being advised to deny this request. This GRIP rate increase request
was originally suspended at the City of Coppell Council Meeting on June 26,2007.
Based on our legal counsel's recommendation and our consultants' review of the rate increase filings, staff believes
Atmos' rate increase request is unjustified, unreasonable and is not in complete compliance with the GRIP statute.
Therefore, staff is recommending the Resolution denying Atmos' GRIP rate increase request be approved.
Staff recommends approval of the resolution.
$AtmosEnergy-1AR
MODEL STAFF REPORT
ON ATMOS MID-TEX GRIP DENIAL RESOLUTION
Purpose of the Resolution:
Atmos Mid-Tex filed its fourth surcharge request under the Gas Reliability Infrastructure
Program (“GRIP”) statute, seeking to implement monthly surcharges of $0.59 (average
residential customers), $1.47 (average commercial customers), and $28.74 for industrial
customers. The resolution denies Atmos Mid-Tex's 2006 surcharge request on the grounds that it
does not comply with the law and is not reasonable. The resolution also indicates the City's
support for statutory changes to the Texas GRIP statute to ensure fairness for ratepayers and to
eliminate piecemeal ratemaking for any change in invested capital.
What is GRIP?
GRIP is piecemeal ratemaking and would be illegal under traditional ratemaking that is in
the public interest. Atmos, TXU Gas, and other gas utilities persuaded the legislature in 2003 to
make an exception to the prohibition against piecemeal ratemaking to encourage increased
investment in transmission and distribution pipe by allowing prompt recovery of investment,
despite the possibility that increased revenues and declining expenses could more than offset
increased investment. Unfortunately, utilities have used the GRIP filings to include other costs
unrelated to infrastructure improvements. GRIP surcharges are reconciled in a general rate case
that the utility may not file for another five years.
Did the Legislature Address the GRIP Statute in the Recent Legislative Session?
The GRIP statute violates fundamental standards of regulatory ratemaking because it
eliminates a basic aspect of fairness for ratepayers that has been part of the ratemaking process
for decades. During the most recent legislative session, the Senate Business and Commerce
Committee unanimously approved a bill that would have repealed the GRIP statute, largely in
response to the abuses of the GRIP surcharge by Atmos Mid-Tex. However, by the end of the
session, the gas utility lobby was successful in killing meaningful reform and the legislation died.
It is important to start building support for legislative reform of the GRIP statute now.
Issues regarding utility ratemaking and GRIP surcharges are very technical and can be difficult
to effectively communicate during the heat of a legislative session. Cities can build on the
effective information campaign that started in the recent session that recently concluded and
prepare for the next session by communicating with the legislators about this GRIP filing. The
Executive Committee has recommended that ACSC members adopt a resolution supporting
legislative changes to protect natural gas ratepayers and opposing GRIP surcharges. This denial
resolution includes that information and will be forwarded to the City's legislative delegation.
Observations on the Filing
Pursuant to its statutory authority, the City suspended the effective date of the Company's
surcharge request to evaluate the filing, determine whether the filing complies with law, and if
2557/2/oth070807kpd Stf Rpt - Deny Page 1
unlawful, to determine what further strategy to pursue. Review of the Company's surcharge
request is particularly important given that the City, as part of the Atmos Cities Steering
Committee, initiated a rate case (GUD No. 9670) in which the Railroad Commission determined
that Atmos had included inappropriate expenditures in its previous GRIP surcharges for rate
years 2003, 2004, and 2005. But for the investigation by the Cities, through ACSC, the
impropriety of these expenditures and of their inclusion in the GRIP surcharges, would not have
been exposed, and the refund of $2.5 million would not have been ordered.
ACSC's rate consultant, Karl Nalepa, has identified approximately $3.4 million in
expenses included in the 2006 GRIP surcharge request that are inconsistent with the statute
and/or the Railroad Commission's order in GUD 9670. For example, the Company’s surcharge
request is based in part on inappropriate expenses related to furniture and office fixtures. The
Commission excluded furniture expenses from the Atmos Mid-Tex GRIP surcharge in GUD
9670. The Company acknowledges this and has removed some of the furniture and fixture
expense from the current filing. The filing offers no explanation why any furniture or fixture
expense remains part of the GRIP surcharge. In addition, Mr. Nalepa has also identified
expenses included in this surcharge request that occurred prior to 2006, and are thus ineligible
for inclusion in the 2006 GRIP surcharge. Finally, Atmos Mid-Tex has just received a rate
increase of approximately $5 million and should be collecting sufficient revenues to earn its
allowed return without the necessity for a surcharge to recover incremental investment.
NOTE: IT IS CRITICAL THAT ALL CITIES PASS THE RESOLUTION TO DENY ON
OR BEFORE SEPTEMBER 13, 2007.
Explanation of “Be It Resolved” Paragraphs:
1. This paragraph sets out the finding that the Company’s request is unreasonable,
and inconsistent with Railroad Commission precedent and the statute.
2. This paragraph provides for an immediate effective date.
3. This paragraph states the City's support for legislative reform of the GRIP statute
to ensure fairness to ratepayers and to eliminate piecemeal recovery for any change in invested
capital.
4. The paragraph requests the City's legislative delegation to support legislation in
the 81st Regular Session of the Texas Legislature that would reform the GRIP statute to ensure
fairness for ratepayers and eliminate piecemeal recovery for any change to invested capital.
5. This paragraph cites conformance with the Open Meetings Act.
6. This paragraph directs that a copy of the signed ordinance be sent to a
representative of the Company and a representative of the coalition of cities.
2557/2/oth070807kpd Stf Rpt - Deny Page 2
2557\02\sent to cities\mmo070807kpf
Ms. Doyle’s Direct Line: (512) 322-5820
Email: kdoyle@lglawfirm.com
M E M O R A N D U M
TO: All Atmos Mid-Tex Gas Cities
FROM: Geoffrey Gay
Kristen Doyle
DATE: August 7, 2007
RE: Atmos GRIP 4 Filing
CONFIDENTIAL/ATTORNEY-CLIENT COMMUNICATION
By law, all cities that suspended the effective date of the GRIP 4 surcharge must take
final action on or before September 13, 2007. (Attached to this communication is a list of cities
that have provided suspension resolutions to our office.) After review of Atmos Mid-Tex’s
GRIP filing for the 2006 rate year, we recommend that Atmos Cities Steering Committee
(ACSC) cities adopt the attached resolution denying the requested surcharge on or before
September 13, 2007.
ACSC's rate consultant, Karl Nalepa, has identified approximately $3.4 million in
expenses that are inconsistent with the statute and/or the Railroad Commission's order in the
Company's most recent rate case. As discussed in the attached report, some of the inappropriate
expenses included by the Company are expenses related to furniture and office fixtures. Atmos
Mid-Tex has acknowledged that the Commission has excluded furniture expenses from the GRIP
surcharge, and has removed some of the furniture and fixture expense from the current filing.
The filing offers no explanation why any furniture or fixture expense remains part of the GRIP
surcharge. In addition, Mr. Nalepa has identified expenses included in the surcharge that
occurred prior to 2006, and are thus ineligible for inclusion in the 2006 GRIP surcharge.
The ACSC Executive Committee has recommended that all ACSC members pass
resolutions indicating support for legislative change to the GRIP statute to ensure fairness for
ratepayers and eliminate piecemeal ratemaking for any change in invested capital. The denial
resolution includes language consistent with the Executive Committee's recommendation.
As always, if you have any questions regarding anything we send to you or need
additional information, please feel free to contact us.
Attachments: List of ACSC Cities Suspending GRIP 4 Surcharge
Model Resolution Denying GRIP 4 Surcharge
Model Staff Report
Karl Nalepa's Report Regarding GRIP 4 Surcharge
CITY SUSPENSION RESOLUTIONS
Suspending Atmos' System-Wide Rate Increase
(GRIP 4)
1. Abilene
2. Addison
3. Allen
4. Alvarado
5. Angus
6. Arlington
7. Bedford
8. Bellmead
9. Benbrook
10. Blue Ridge
11. Bowie
12. Boyd
13. Bridgeport
14. Brownwood
15. Burkburnett
16. Burleson
17. Cedar Hill
18. Celeste
19. Celina
20. Cleburne
21. Clyde
22. College Station
23. Colorado City
24. Comanche
25. Coppell
26. Corinth
27. Corral City
28. Crandall
29. Crowley
30. Denison
31. DeSoto
32. Duncanville
33. Eastland
34. Edgecliff Village
35. Emory
36. Ennis
37. Everman
38. Fairview
39. Fate
40. Flower Mound
41. Forest Hill
42. Fort Worth
43. Frisco
44. Frost
45. Gainesville
CITY SUSPENSION RESOLUTIONS
Suspending Atmos' System-Wide Rate Increase
(GRIP 4)
46. Garrett
47. Grapevine
48. Haltom City
49. Harker Heights
50. Haskell
51. Haslet
52. Heath
53. Hewitt
54. Highland Park
55. Highland Village
56. Honey Grove
57. Iowa Park
58. Irving
59. Justin
60. Kaufman
61. Keene
62. Keller
63. Kemp
64. Kennedale
65. Kerrville
66. Killeen
67. Krum
68. Lakeside
69. Lake Worth
70. Lancaster
71. Lewisville
72. Little Elm
73. Malakoff
74. Mansfield
75. McKinney
76. Mesquite
77. Midlothian
78. Murphy
79. Newark
80. Nocona
81. North Richland Hills
82. Northlake
83. Ovilla
84. Pantego
85. Paris
86. Pecan Hill
87. Plano
88. Pottsboro
89. Prosper
90. Red Oak
91. Richardson
CITY SUSPENSION RESOLUTIONS
Suspending Atmos' System-Wide Rate Increase
(GRIP 4)
92. Richland Hills
93. Robinson
94. Rockwall
95. Roscoe
96. Rowlett
97. Sachse
98. Saginaw
99. Seagoville
100 Sherman
101 Snyder
102 Southlake
103 Stamford
104 Stephenville
105 Sulphur Springs
106 Sweetwater
107 Terrell
108 The Colony
109 Trophy Club
110 Tyler
111 University Park
112 Vernon
113 Waco
114 Watauga
115 Waxahachie
116 Westlake
117 Whitesboro
118 White Settlement
119 Wichita Falls
120 Woodway
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, DENYING THE
REQUEST OF ATMOS ENERGY CORP., MID-TEX DIVISION, FOR AN
ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM (GRIP)
RATE INCREASE IN THIS MUNICIPALITY, AS A PART OF THE
COMPANY’S STATEWIDE GAS UTILITY DISTRIBUTION SYSTEM;
SUPPORTING STATUTORY REFORM OF THE TEXAS GRIP
STATUTE, FINDING THAT THE MEETING AT WHICH THIS
RESOLUTION IS PASSED IS OPEN TO THE PUBLIC; AND
PROVIDING FOR NOTICE OF THIS RESOLUTION TO ATMOS
ENERGY CORP., MID-TEX DIVISION AND THE CITY'S LEGISLATIVE
DELEGATION.
WHEREAS, the City of Coppell, Texas (“City”) is a gas utility customer of Atmos
Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “the Company”), and a regulatory
authority with an interest in the rates and charges of Atmos Mid-Tex; and
WHEREAS, Atmos Mid-Tex made filings with the City and the Railroad Commission of
Texas (“Railroad Commission”) on or about May 31, 2007, proposing to implement interim rate
adjustments (“GRIP rate increases”), pursuant to Texas Utilities Code § 104.301, on all
customers served by Atmos Mid-Tex, effective July 30, 2007; and
WHEREAS, the Gas Reliability Infrastructure Program (GRIP) statute approved in the
2003 Regular Session of the 78th Legislature changes 100 years of Texas law and allows a
natural gas utility to implement annual surcharges for increases in investment without having to
account for the offsetting decreases in costs or increases in revenue experienced by the utility;
and
WHEREAS, Texas is the only state out of the twelve states served by Atmos that has a
GRIP statute that allows for piecemeal recovery for any change to invested capital; and
1
WHEREAS, Atmos has implemented four GRIP surcharges and collected more than $20
million in GRIP surcharges from customers since the utility acquired the TXU Gas system in
2004;
WHEREAS, the City supports the statutory reform of the GRIP statute to ensure fairness
to ratepayers and to eliminate piecemeal recovery for any change to invested capital; and
WHEREAS, Atmos Mid-Tex was recently granted a rate increase as a result of its filing
in GUD No. 9670, in which the Final Order was only signed on March 29, 2007; and
WHEREAS, in GUD No. 9670, it was determined that Atmos Mid-Tex had
inappropriately included certain expenditures in its prior GRIP rate increases for rate years 2003,
2004, and 2005; and
WHEREAS, the City, as a regulatory authority, suspended the July 30, 2007, effective
date to examine this latest GRIP filing to determine its compliance with the Texas Utilities Code
and Railroad Commission final order in the most recent Atmos Mid-Tex rate case; and
WHEREAS, the City has joined with other cities to review the Company’s filing, said
coalition being known as Atmos Cities Steering Committee (“ACSC”);
WHEREAS, the consultant hired by Steering Committee has reviewed the GRIP
surcharge application and has issued a final report finding that the Company has included
millions of dollars of expenses in the current GRIP surcharge that are inconsistent with the Texas
Utilities Code and Railroad Commission final order in the most recent Atmos Mid-Tex rate case
and not related to ensuring the safety and reliability of the system;
WHEREAS, counsel for the Steering Committee, upon review of the Company’s filing
and the consultant's report, recommends finding that the Company’s proposal is unjustified and
unreasonable; and
2
WHEREAS, ratepayers of Atmos Mid-Tex, including the City and its residents, will be
adversely impacted by the proposed GRIP rate increases.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Company’s GRIP rate increase request is found to be
unreasonable and inconsistent with the Texas Utilities Code and Railroad Commission final
order in GUD 9670, Atmos Mid-Tex most recent rate case, and is therefore denied in all
respects.
SECTION 2. This Resolution shall become effective immediately from and after its
passage, as the law and charter in such cases provide.
SECTION 3. That the City hereby advocates statutory reform of the Texas GRIP statute
to ensure fairness to ratepayers and to eliminate piecemeal recovery for any change to invested
recovery.
SECTION 4. That the City calls upon its state representatives and senator to support
legislation in the 81st Regular Session of the Texas Legislature that would reform the Texas
GRIP statute to ensure fairness for ratepayers and eliminate piecemeal recovery for any changes
to invested capital.
SECTION 5. That it is hereby officially found and determined that the meeting at which
this Resolution is passed is open to the public as required by law and that public notice of the
time, place and purpose of said meeting was given as required.
SECTION 6. A copy of this Resolution, constituting final action on the Company’s
application, be forwarded to the following:
3
Charles R. Yarbrough, II
Atmos Energy Corporation
5420 LBJ Freeway, Suite 1800
Dallas, Texas 75240
Lloyd Gosselink Blevins Rochelle & Townsend
c/o Geoffrey Gay
P.O. Box 1725
Austin, Texas 78767-1725.
SECTION 7. A copy of the resolution shall be sent to the elected lawmakers
representing the City’s interests in the Texas House and Senate.
DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this
the 11th day of September, 2007.
APPROVED:
____________________________________
Douglas N. Stover, Mayor
ATTEST:
____________________________________
Libby Ball, City Secretary
APPROVED AS TO FORM:
_____________________________
City Attorney
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
Engineering
September 11, 2007
23
✔
CONTRACT/BID or PROPOSAL
Consider approval of a Pro Rata Agreement for the 8" water line along SH 121 and Highland Drive to serve the Vista
Ridge Retail development between City of Coppell and JDB Coppell Village Plaza-Commercial, L.P. ; and authorizing
the Mayor to sign.
Approval of this agreement will allow for a pro rata payment for offsite water improvements already constructed for
the benefit of the Vista Ridge Retail development, Lots 1-7 Block A.
Staff recommends approval of the Pro Rata Agreement between City of Coppell and JDB Coppell Village
Plaza-Commercial, L.P., and will be available to answer any questions at the Council meeting.
Staff recommends approval of the Pro Rata Agreement.
#Vista Ridge Pro Rata
MEMORANDUM
TO: City Council
FROM: Ken Griffin, P.E., Director of Engineering/Public Works
DATE: September 11, 2007
REF: Consider approval of a Pro Rata Agreement for the 8" water line
along SH 121 and Highland Drive to serve the Vista Ridge Retail
development between City of Coppell and JDB Coppell Village Plaza-
Commercial, L.P.; and authorizing the City Manager to sign.
In March 2006 the developer of Lot 1B Block D of the Vista Ridge Addition,
commonly referred to as “The Plaza,” completed all infrastructure improvements
associated with that project. This included onsite and offsite water lines, sewer lines,
street and parking lot paving, etc. During the initial planning for the development of
the property, the developer discussed with the city of Coppell and the city of Lewisville
about the possibility of Lewisville providing water service to the property. Lewisville
has a water line in Highland Drive adjacent to the property that the developer could
have tapped into to provide water service to his property. The city of Coppell was not
opposed to the developer working with Lewisville to obtain water service. However,
the city of Lewisville ultimately declined to allow them to tap into the existing water
line adjacent to their property. Therefore, the developer was required to construct two
water lines from Denton Tap to his property to provide the appropriate looping of the
water lines. One water line generally follows Highland Drive and the other generally
follows SH 121 looping through the property via Plaza Boulevard. The total length of
the two offsite water lines is approximately 1,600 linear feet.
In March 2007 the developer requested that the city enter into a prorata agreement so
the developer could recoup the cost of the offsite water lines from the adjacent property
between The Plaza and Denton Tap Road. The ability to enter into a prorata agreement
to recoup the cost of offsite improvements is allowed and detailed in the city’s
Subdivision Ordinance, Appendix A.
The tract of land between The Plaza and Denton Tap Road is currently platted as Lot
1A Block D of the Vista Ridge Addition. Council may recall that it is currently in the
process of being re-platted as Lots 1AR–7 Block A of the Vista Ridge Retail Addition.
This is the site that will ultimately hold the Market Street store as presented at a recent
Council meeting.
The developer has provided a detailed cost estimate of the offsite water line in the total
amount of $93,362.00. By virtue of this prorata agreement, the developer can obtain
reimbursement of the cost of the offsite water line for a period not to exceed 10 years
from the date of acceptance of the improvements by the city of Coppell. The prorata is
collected from the developers of Lot 1A Block D of the Vista Ridge Addition on a “per
acre” charge as the property ties into the water line previously constructed by the
developer of Lot 1B Block D of the Vista Ridge Addition. The currently undeveloped
Lot 1A Block D of the Vista Ridge Addition is 14.824 acres. Therefore, the per acre
charge will be $6,298.03 ($93,362 / 14.824 = $6,298.03).
It’s important to note that this per acre prorata charge will be in addition to the water
impact fees. Water impact fees are calculated on main lines and water facilities
constructed throughout the city that are necessary for our water system. Our current
water impact fee is based on projects such as: Wagon Wheel elevated storage tank;
Village Parkway Pump Station improvements; 24’ and 30” water lines in Sandy Lake
Road; future Starleaf Pump Station; etc. As can be seen by the projects included in our
water impact fee calculations, those projects have citywide benefit. The construction of
the 8” offsite water line only benefits the adjacent property and that is the reason the
prorata and the water impact fee will be collected. If the Vista Ridge Retail Addition
had developed before The Plaza, they would have been required to build these water
lines to The Plaza’s west property line and also pay water impact fees. This prorata
request is basically needed because of the timing of the development of The Plaza
before Lot 1A Block D of the Vista Ridge Addition.
Staff recommends approval of the Pro Rata Agreement for the 8" water line along SH
121 and Highland Drive to serve the Vista Ridge Retail development between City of
Coppell and JDB Coppell Village Plaza-Commercial, L.P. Staff will be available to
answer any questions at the Council meeting.
IIttDOWDEY ANDERSON
ASSOCIATES INC
CIVIL ENGINEERS
5225 Village CreeK Drive
IUlle 200
Piano Texai 75093
972 931 0694
972931 9533 fax
March 29 2007
Mr Ken Griffin P E
Director of Engineering Public Works
City of Coppell
255 Parkway Blvd
Coppell Texas 75019
RE Request for a Water Pro rata Agreement SH 121 Denton Tap Road Highland Drive
DM Job No 03072C
Dear Ken
As we discussed during the development process of the Plaza development on behalf of JDB
Coppell Village Plaza Commercial L P I am requesting that we be allowed to create a pro rata
agreement for reimbursement for the installation of public water lines that are adjacent to
S H 121 Denton Tap Road and Highland Drive surrounding the Texas Health Systems property
Attached is a copy of the cost associated with the construction of the water mains that are offsite
of our development but that benefit the Texas Health Systems property The total cost is
93 362 00 It is my understanding that the reimbursables will not occur until they develop a
portion of their property Also attached is a print of the as built plan for reference
I am not sure if this process requires City Council action or is processed administratively
Thank you for your assistance with this issue
SinC dLjJAAndersonPE
cc Darron Ash
John Speanburg
R Data2003 03072 03072C LtrCity Coppel KGriffin 2007 03 29 Request Water Pro rata Agreement doc
THE PLAZA
3 27 2007
CONSTRUCTION COST OFFSITE WATER
RE Installation of water mains adjacent to State Hwy 121 Denton Tap Road Highland Drive
City Of Coppel Adjacent To Property Owned By Texas Health Systems
WATER UNIT UNIT QTY TOTAL
PRICE
8 Water Main LF 19 00 1 606 30 514 00
8 Valve EA 1 180 00 5 5 900 00
6 Valve EA 645 00 1 645 00
Fire Hvdrant EA 1 680 00 1 1 680 00
8 x 6 Tee EA 409 00 1 409 00
8 45 Bend EA 409 00 4 1 636 00
12 x 8 Tee EA 409 00 1 409 00
8 90 Bend EA 409 00 3 1 227 00
Testina LS 1 606 00 1 1 606 00
Remove Ex 12 Main LF 10 00 160 1 600 00
Remove Plua Connect To Ex 8 EA 200 00 2 400 00
Bore With 14 Steel Encasement 113 LF LS 1 00 35 000 35 000 00
Erosion Control Silt Fence LF 1 00 1 595 1 595 00
Enaineerina 6 LS 4 957 00 1 4 957 00
Construction Stakina 3 LS 2479 00 1 2 479 00
Citv Insoection Fee 4 LS 3 305 00 1 3 305 00
TOTAL 93 362 00
DOWDEY ANDERSON AND ASSOCIATES INC
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Page 1
19274
STATE OF TEXAS §
COUNTY OF DALLAS § PRO RATA REPAYMENT AGREEMENT
CITY OF COPPELL §
This Pro Rata Repayment Agreement (“Agreement”) is entered into by and between the
City of Coppell, Texas, (“City”) and JDB Coppell Village Plaza-Commercial, L. P.
(“Developer”) on the _______ day of ________________, 2007, to provide for recovery of the
costs of an offsite water line main and appurtenances (“Improvements”) extended in the
northeast area of the City adjacent to Lot 1A Block D of the Vista Ridge Addition Lots 1A & 1B
Block D to provide service to Lot 1B Block D of the Vista Ridge Addition Lots 1A & 1B, Block
D in the amount of $93,362.
WHEREAS, the Developer has paid for the Improvements which will serve an area for
growth and development in the northeast area of the City; and
WHEREAS, said Improvements are offsite from Lot 1B Block D of the Vista Ridge
Addition Lots 1A & 1B, Block D; and
WHEREAS, the City owns a water system which, in part, heretofore served properties
which were already developed but did not have a service extending to any of the undeveloped
properties located in the area; and
WHEREAS, the extension of said Improvements to the undeveloped area would
provide economic development opportunities within the City; and
WHEREAS, the Developer has funded the Improvements as described herein; and
WHEREAS, the parties desire to enter into an Agreement so that the Developer may
recover a pro rata portion of the cost of the Improvements from property owners and/or
developers who tie into such Improvements and/or use a portion of its capacity for their own
developments; and
WHEREAS, reimbursement to said Developer has been authorized by the Coppell City
Council by the adoption of Ordinance No. 94-643, passed on or about April 12, 1994, which is
attached hereto and incorporated herein as Exhibit “B”;
NOW, THEREFORE, in consideration of the mutual promises and agreements
contained herein, the receipt and sufficiency of which are acknowledged by the parties hereto,
City and Developer agree as follows:
1. The Developer has funded the total cost of the offsite Improvements described
herein in the total amount of $93,362 for the purposes of providing water service
to Lot 1B Block D of the Vista Ridge Addition Lots 1A & 1B, Block D, said
offsite Improvements also providing water service to Lot 1A Block D of the
Vista Ridge Addition Lots 1A & 1B, Block D.
Page 2
19274
2. A property owner developing property and desiring to tie into the Improvements
as indicated on Exhibits “B-1” and “B-2” will apply to the Engineering
Department as required by the ordinances of the City. All property identified or
described in Exhibits “B-1” and “B-2 or any subsequent lots created by replatting
of the property which will use a portion of the capacity of the Improvements
shall be deemed to have tied into the Improvements for purposes of repayment
and this Agreement. The money received from the collection of the pro rata line
charge by the City for the Improvements will be paid to the Developer for
reimbursement in an amount not to exceed $93,362 and shall be paid in not less
than quarterly payments. When such amount has been recovered by the City
through the pro rata line charges and paid to Developer as provided herein, this
Agreement shall be of no further force or effect and the City shall have no
further obligation to refund any portion of a pro rata line charge to the Developer
under this Agreement.
3. The Improvements and the properties subject to a pro rata recovery under this
Agreement are outlined and depicted in Exhibits “B-1” and “B-2 attached hereto
and made part hereof for all purposes. The total amount of recovery permissible
to the Developer under this Agreement and payable by the individual owners of
each lot or tract of land which can be serviced by the Improvements shall be
calculated on the basis of $6,298.03 per acre.
4. The Developer shall only be eligible to recover repayment of the pro rata line
charges under this Agreement until the Developer has recovered all its cost of
the Improvements or for a period of ten (10) years from the date of acceptance of
the Improvements by the City, whichever is sooner.
5. The City shall never have any liability to the Developer for payment of pro rata
amounts under this Agreement except from the receipt of pro rata line charges by
property owners tying into the Improvements under the provisions hereof.
6. This Agreement is governed by and subject to all the terms, conditions,
regulations and rules of the Code of Ordinances and other applicable codes and
ordinances of the City of Coppell, together with any state or federal laws which
apply.
8. This Agreement is performable in Dallas County, Texas, wherein exclusive
venue for any action to enforce this Agreement shall lie. In all instances, the
laws of the State of Texas shall apply to the interpretation of this Agreement.
Page 3
19274
9. If any notice is required to be given in the performance of this Agreement, it may
be given in writing, by first class mail, to the following:
City of Coppell, Texas
Attn: City Manager
255 Parkway Blvd.
Coppell, Texas 75019
JDB Coppell Village Plaza-Commercial, L. P.
434 Copperstone Trail
Coppell, Texas 75019
10. This Agreement constitutes the only agreement between these parties relevant to
the subject matter hereof, and any prior agreements, written or oral, are
superseded hereby. Any amendments to this Agreement shall be in writing and
signed by both parties hereto before they shall become effective.
Executed in duplicate originals by the parties hereto on the date first written above.
CITY OF COPPELL, TEXAS
By:
Jim Witt, City Manager
ATTEST
By:
Libby Ball, City Secretary
APPROVED AS TO FORM:
_____________________________
CITY ATTORNEY
Page 4
19274
CITY MANAGER’S ACKNOWLEDGMENT
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 municipal corporation, on
behalf of said corporation.
______
Notary Public, State of Texas
My commission Expires:
Page 5
19274
CORPORATE ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of
_______________2007, by ,
JDB Coppell Village Plaza-Commercial, L.P. on behalf of said corporation.
______
Notary Public, State of Texas
My commission Expires:
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
City Secretary
September 11, 2007
24
✔
PROCEDURAL
Consider appointments to the City's Boards/Commissions/Committees.
Annual appointments to fill expiring terms on the City's Boards, Commissions and Committees.
%bdappt-1AR
AGENDA REQUEST NARRATIVE
THE FOLLOWING VACANCIES ARE AVAILABLE:
2007
AMERICAN RED CROSS REPRESENTATIVE
1 Citizen
(3-year term of office)
ANIMAL SERVICES ADVISORY & APPEALS BOARD
1 Citizen
(2-year term of office)
1 Alternate
(2-year term of office)
BOARD OF ADJUSTMENT
2 Citizens
(2-year term of office)
2 Alternates
(2-year term of office)
CONDUCT REVIEW BOARD
Citizens
(2-year term of office)
COPPELL ECONOMIC DEVELOPMENT COMMITTEE
4 Citizens
(2-year term of office)
COPPELL EDUCATION DEVELOPMENT CORPORATION
4 Citizens
(2-year term of office)
KEEP COPPELL BEAUTIFUL COMMITTEE
4 Citizens
(2-year term of office)
KEEP COPPELL BEAUTIFUL COMMITTEE – YOUTH ADVISOR
2 Students
(1-year term of office)
LIBRARY BOARD
3 Citizens
(2-year term of office)
1 Alternate
(2-year term of office)
LIBRARY BOARD - YOUTH ADVISOR
2 Students
(1-year term of office)
PARKS AND RECREATION BOARD – YOUTH ADVISOR
2 Students
(1-year term of office)
PLANNING AND ZONING COMMISSION
4 Citizens
(2-year term of office)
SPECIAL COUNSEL
Citizens
(2-year term of office)
AGENDA REQUEST FORM DATE: September 11, 2007
ITEM #: 25
CITY MANAGER'S REPORT
A. Council meeting schedule for November/December.
B. Joint Meetings with the Planning & Zoning Commission, Economic Development
Committee and Park & Recreation Board.
C. Water Tower Painting & Logo.
Agenda Request Form - Revised 09/07 Document Name: %manrept
AGENDA REQUEST FORM DATE: September 11, 2007
ITEM #: 26
MAYOR AND COUNCIL REPORTS
A. Report by Mayor Stover regarding Metroplex Mayors’ Meeting.
B. Report by Mayor Stover regarding Coppell Women’s Club Luncheon.
C. Report by Mayor Stover regarding Susan G. Komen “Dig for A Cure” volleyball
event on September 21st.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
AGENDA REQUEST FORM
DATE: September 11, 2007
ITEM #: 27
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork
AGENDA REQUEST FORM
DATE: September 11, 2007
ITEM #: 28
NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec
CERTIFICATE OF AGENDA ITEM SUBMISSION
Council Meeting Date: September 11, 2007
Department Submissions:
Item Nos. 9/C and 9/D were placed on the Agenda for the above-
referenced City Council meeting by the Human Resources Department. I
have reviewed the Agenda Requests (and any backup if applicable) and
hereby submit these items to the City Council for consideration.
____________________
Human Resources Department
Item Nos. 8/E, 8/F, 11, 12, 13, 14, 15, 16, 17 and 18 were placed on
the Agenda for the above-referenced City Council meeting by the Planning
Department. I have reviewed the Agenda Requests (and any backup if
applicable) and hereby submit these items to the City Council for
consideration.
____________________
Planning Department
Item No. 23 was placed on the Agenda for the above-referenced City
Council meeting by the Engineering Department. I have reviewed the
Agenda Request (and any backup if applicable) and hereby submit this item
to the City Council for consideration.
____________________
Engineering Department
Financial Review:
I certify that I have reviewed all the items submitted for consideration on
the Agenda for the above-referenced City Council Meeting and have inserted
any financial comments where appropriate.
____________________
Finance Department
City Manager Review:
I certify that I have reviewed the complete Agenda and Packet for the
above-referenced City Council Meeting he same to the and hereby submit t
City Council for consideration.
____________________
City Manager
(or Deputy City Manager)