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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. ag091107 Page 1 of 7 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. ag091107 Page 2 of 7 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 ag091107 Page 3 of 7 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 ag091107 Page 4 of 7 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. ag091107 Page 5 of 7 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 ag091107 Page 6 of 7 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). ag091107 Page 7 of 7 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 Page 1 of 14 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. cm082807 Page 2 of 14 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. cm082807 Page 3 of 14 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. cm082807 Page 4 of 14 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. cm082807 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 4 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. 1 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 2 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 3 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 4 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 5 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 14 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. 15 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 16 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) 19 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. 20 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. 23 (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 24 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 25 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. 26 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 27 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 28 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. ---------- 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 lolololw olololw ololol I IWI IN M ml ol O INI Q N N W O w a W c fti ioo INiw v I i I I I I I I I I I I I I I I0IIIIIIIIIIIIIIlII Q I I I I I co I I I 1 111 1 Q V V V rO O O N O IN N iij c c co I I 1 I I 1 I 0 I I 1 I 1 III11I1 a I 1 1 I 1 II11II1IIIII1 Vlo lo m Wlml Wlo O O IOIO lo V O M o N o o o o mlmwwvwaINwwvoQIIIIIIIIIIII I I C fti o I I I I I I I I I I I I I I i i i i I I i i i0 l I I I I I I I I I I I I I I Q I I I 1 I1IIIco1II I 1 I ILL Q w V M O N O O O01IIIrIII101101m1I i i i i i iT r IcI11IIIMI0coIIIIIII I I 1 I I I I I I I I III1IIIaI0III0IIIIII I I 0 I 1 I I I01I 0 Q u Q c I I I I I I I I I I I I I I 8i8 8 8 8 8 8 8 8 8 8 8 8 8 8 mlol lolmlmrmlml lcilol I I lm ffi l g l I I I I I I I I I I I IIIIIIIIIrIIIIII I I I I I I I I I I I I I IIIIIIIIIIIIIII 1 1 1 1 1 1 1 1 1 I I I I I I I I I I I I I I I I I I 1 1 1 1 I I I I I I I I I I I I I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1111I1111111I11111I1I111IIIIIIII11IIIIII1IIIII1IIIII1IIIIIIIIII1II1 i I 1 0 1 I 1IIu 1J1 I IMI I I I I I i1 I c I 1 I IwIEloIBII IUI nsl cl imigil512IWI1 I CU 0 112QU 1 I I I lNloIllenlCS I e 1 1 0 Ie lg Q O 1 J1VI c21OQQQc1olo Q 1111QlmlllCDIII1cIUICUI 1 lg lo eal CJl Q I Q 1t1 cll l 01 J o o l i i 3 0 gllImlmlI11OIIEElmI1 1 Q XI m U O gO x o 1 t 1 1 INI I all 0 1 Q I 0 1 IwOIIIIIealwl II c s o s o II o s e e a Q c i Q co o 0 00 00 0 0 Q Q roc Q L 00 d i M Mo N I I Io o I I I I 1 I 1 C co II CD o N IIt Im N N I O CD 0 w mlvlM C co I M II N VINIM I l en I 1 I 1 I I I1 II 0 fti 0 I 0 0 I I WIMlv 1 1 1 1I I 1 I 0 I I I 0 I I I I ro fti 0 0 II I 0 0 l ftien 0 l II II IIt en 0 I CD ICO0 Vg l II Ji21 m C LSIu II i ifi5 ICllSIr51 CD 1 51 1 Q I UlulQl N Q 2 U CD 5 U C oCiC i MICloqenlWlCrC 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)