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CP 2008-01-22
NOTICE OF CITY COUNCIL MEETING AND AGENDA
JANUARY 22, 2008
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, January 22, 2008, at 5:30 p.m. for
Executive Session, Work Session will follow immediately thereafter, and Regular
Session will begin at 7:00 p.m., to be held at Town Center, 255 Parkway
Boulevard, Coppell, Texas.
As authorized by Section 551.071(2) of the Texas Government Code, this
meeting may be convened into closed Executive Session for the purpose of
seeking confidential legal advice from the City Attorney on any agenda item
listed herein.
The City of Coppell reserves the right to reconvene, recess or realign the Work
Session or called Executive Session or order of business at any time prior to
adjournment.
The purpose of the meeting is to consider the following items:
ITEM # ITEM DESCRIPTION
1. Call to order.
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ITEM # ITEM DESCRIPTION
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation with City
Attorney.
1. The City of Coppell and Coppell Independent School District
opposition to a change of zoning request of the Billingsley
Corporation in the City of Dallas, Zoning Case Number Z045-
107; and City of Coppell vs. CB Parkway Business Center VI, et
al in the County Court at Law No. 3; and CB Parkway Business
Center, et al vs. City of Coppell, et al; and City of Dallas vs.
Douglas Stover, et al in the 191st District Court; and City of
Coppell, et al vs. City of Dallas, et al in the 101st District Court.
B. Section 511.072, Texas Government Code – Deliberation regarding
Real Property.
1. Discussion regarding land sale west of Denton Tap south of
Bethel Road.
2. Discussion regarding Right-of-Way Acquisition.
C. Section 551.087, Texas Government Code – Economic
Development Negotiations.
1. ED Prospects East and West of Beltline/Denton Tap and south
of Bethel Road.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Safelight Coppell Demonstration.
B. Status Report on Senior Center.
C. Discussion regarding Joint Meeting for January 29.
D. Discussion of Agenda Items.
Adjourn Work Session.
PUBLIC ANNOUNCEMENTS
Public Service Announcements concerning local civic events and no Council
action is required or permitted.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
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ITEM # ITEM DESCRIPTION
6. Pledge of Allegiance.
7. Report by Economic Development Committee.
8. Citizens' Appearances.
CONSENT AGENDA
9. Consider approval of the following consent agenda items:
A. Consider approval of minutes: January 8, 2008.
B. Consider approval of signing an Interlocal Agreement between City
of Coppell and North Central Texas Council of Governments
regarding advertising at a discounted rate and authorizing the
Mayor to sign.
C. Consider approval of an Interlocal Agreement between the City
and Northwest Dallas County Flood Control District to satisfy the
requirements of TCEQ Phase II Storm Water discharge compliance;
and authorizing the Mayor to sign.
D. Consider a Resolution to adopt a Storm Water Management Plan
(SWMP) for the purpose of meeting compliance goals of the new
TCEQ Phase II Municipal Storm Water requirements; and authorizing
the Mayor to sign.
E. Consider approval for the procurement of one (1) Brush/Quick
Response Vehicle and Equipment through BuyBoard from Martin
Apparatus, Inc. in Denton, Texas for the amount not to exceed
$93,488 and a BuyBoard fee of $1,500, as budgeted in the Motor
Vehicle Fund in the Fire Department Capital Outlay; and authorizing
the City Manager to sign all required documents relative to the
purchase.
END OF CONSENT
10. Consider approval of an ordinance approving the Settlement Agreement
with Atmos Energy Corp., Mid-Tex Division regarding the statement of
intent to change gas rates within the corporate city limits of the City of
Coppell; and authorizing the Mayor to sign.
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ITEM # ITEM DESCRIPTION
11. Consider approval of an Engineering Services contract amendment in the
amount of $147,600 for a contract approved on December 12, 2000 with
Teague Nall & Perkins, Inc.; for additional services related to the design of
improvements to West Sandy Lake Road from Coppell Road to Denton
Tap Road; and authorizing the City Manager to sign.
12. Consider approval of an Engineering Services Contract with Halff
Associates, Inc. to provide professional engineering and design services
for the Southwestern Boulevard Infrastructure Improvements (from Coppell
Road South to east of Grapevine Creek), Project #ST 07-01; for a total fee
of $165,000.00; as provided for in CIP funds; and authorizing the City
Manager to sign.
13. Consider approval of a Resolution calling the Regular Municipal Election
for Councilmembers Place 1, 3, 5 and 7 for Saturday, May 10, 2008;
authorizing the City Manager to enter into and sign a Joint Election
Agreement and Election Service Contract with Dallas County Elections
Department for conducting the Municipal Election; and authorizing the
Mayor to sign.
14. Mayor and Council Reports.
A. Report by Mayor Stover regarding condolences to Jayne and
Corinne Peters.
B. Report by Mayor Pro Tem Hinojosa-Flores regarding Metroplex
Mayors’ Meeting.
C. Report by Councilmember Faught regarding former
Councilmember Walter Pettijohn.
15. 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.
K. North Texas Council of Governments – Councilmember Brancheau.
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ITEM # ITEM DESCRIPTION
L. NTCOG/Regional Emergency Management – Councilmember
Franklin.
M. North Texas Commission – Councilmember York.
N. Senior Adult Services – Councilmember Faught.
16. Necessary action resulting from Work Session.
17. Necessary action resulting from Executive Session.
Adjournment.
____________________________________
Douglas N. Stover, Mayor
CERTIFICATE
I certify that the above Notice of Meeting was posted on the bulletin board at
the City Hall of the City of Coppell, Texas on this 18th day of January, 2007, at
__________________.
____________________________________
Libby Ball, City Secretary
DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON
THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC
DOCUMENTS, COUNCIL PACKETS.
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PUBLIC NOTICES
STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public
programs, services and/or meetings, the City requests that individuals make requests for
these services forty-eight (48) hours ahead of the scheduled program, service and/or
meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or
other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989).
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KEY TO COUNCIL GOALS ICONS
2007 — 2012
Maintain Sustainable, Financially Sound City Government with Excellent Services
• Maintain quality customer service resulting in 90+% customer satisfaction ratings
• Ensure adequate resources to support defined services and service levels
• Retain reserves consistent with city policy
• Invest in the city’s future: operations & capital
• Ensure residents are aware of city vision, goals, services and programs
Develop & Revitalize Commercial Areas & Corridors
• Continue development: corporate offices and major distribution businesses
• Revitalize aged or deteriorating strip centers
• Maintain and expand business tax base
• Develop a quality hotel serving residents and guests
• Retain and support expansion of current businesses located in Coppell
Maintain & Upgrade City Infrastructure
• Maintain and improve quality of roads, alleys, and sidewalks
• Improve quality of storm water management systems
• Improve and maintain quality of city facilities
• Facilitate efficient traffic flow within and through the city
• Improve municipal utilities where necessary and maintain existing
Develop an Alive Old Coppell – A Community Destination
• Develop a community destination: residents think of Old Coppell as a place to go
• Attract small, niche retail businesses
• Attract more restaurants
• Maintain and expand the Farmers’ Market
• Attract non-residents to come and return for dining, shopping and entertainment
Maintain Attractive, Livable Neighborhoods with Quality Homes
• Protect the integrity and identity of current neighborhoods
• Enhance the attractiveness of neighborhood infrastructure (trees, streetscapes)
• Maintain and increase property values in older homes
• Have infill developments that add value to the neighborhood
• Have a high percentage of owner-occupied single-family homes
Create a City for a Lifetime
• Provide leisure and recreational opportunities for all family generations
• Maintain a reputation as a safe community for all
• Have all generations and diverse populations feel welcome
• Maintain top quality schools in partnership with ISD’s
• Rejuvenate community events with a high level of participation
AGENDA REQUEST FORM
DATE: January 22 2008
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. Discussion regarding Streamlined Sales Tax.
B. Section 551.072, Texas Government Code – Deliberation regarding Real
Property.
1. Discussion regarding land sale west of Denton Tap south of Bethel Road.
2. Discussion regarding Right-of-Way Acquisition.
C. Section 551.087, Texas Government Code – Economic Development
Negotiations.
1. ED Prospects East and West of Beltline/Denton Tap and south of Bethel
Road.
Agenda Request Form - Revised 02/04 Document Name: %exsessn
DATE: January 22, 2008
ITEM #: WS-3
WORK SESSION
A. Safelight Coppell Demonstration.
B. Status Report on Senior Center.
C. Discussion regarding Joint Meeting for January 29.
D. Discussion of Agenda Items.
Agenda Request Form - Revised 02/07 Document Name: %wksessn
AGENDA REQUEST FORM
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Secretary
January 22, 2008
7
✔
REPORT
Report by the Economic Development Committee.
The semi-annual report will be made by a member of the Economic Development Committee.
No action necessary on this item.
%boardreport
AGENDA REQUEST FORM
DATE: January 22, 2008
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
January 12, 2008
9/A
✔
PROCEDURAL
Consider approval of minutes: January 8, 2008.
Minutes of the City Council meeting held on January 8, 2008.
Staff recommends approval.
%minutes
MINUTES OF JANUARY 8, 2008
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, January 8, 2008 at 5:30 p.m. in the City Council Chambers of Town
Center, 255 Parkway Boulevard, Coppell, Texas. The following members were
present:
Doug Stover, Mayor
Brianna Hinojosa-Flores, Mayor Pro Tem
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Marsha Tunnell, Councilmember (late arrival)
Billy Faught, Councilmember
Marvin Franklin, Councilmember
Bill York, Councilmember
Also present were City Manager Jim Witt, City Secretary Libby Ball and City
Attorney Robert Hager.
1. Call to order.
Mayor Stover called the meeting to order, determined that a quorum was
present and convened into Executive Session.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation
with City Attorney.
1. The City of Coppell and Coppell Independent School
District opposition to a change of zoning request of
the Billingsley Corporation in the City of Dallas,
Zoning Case Number Z045-107; and City of Coppell
vs. CB Parkway Business Center VI, et al in the
County Court at Law No. 3; and CB Parkway
Business Center, et al vs. City of Coppell, et al; and
City of Dallas vs. Douglas Stover, et al in the 191st
District Court; and City of Coppell, et al vs. City of
Dallas, et al in the 101st District Court.
2. Discussion regarding Streamlined Sales Tax.
B. Section 551.087, Texas Government Code – Economic
Development Negotiations.
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Page 1 of 8
1. ED Prospects West of Beltline/Denton Tap and south
of Bethel Road.
C. Section 551.074, Texas Government Code - Personnel
Matters.
1. City Manager Evaluation.
Mayor Stover convened into Executive Session at 5:43 p.m. as
allowed under the above-stated article. Councilmember Tunnell
arrived during Executive Session. Mayor Stover recessed the
Executive Session at 6:37 p.m. and opened the Work Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Safelight Coppell Demonstration.
B. Discussion regarding revisions to Sec. 6-15-6, Temporary
(on-premise) signs.
C. Discussion regarding Stormwater Management Plan.
D. Christmas Parade Review.
E. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Pastor Jennifer Scott of First Methodist Church led those present in the
Invocation.
6. Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
7. Presentation by City Staff and Kasner and Associates regarding
the Impact of proposed Streamlined Sales Tax Legislation.
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Presentation:
Chad Beach, Assistant Finance Director, and Kyle Kasner, Kasner &
Kasner Associates, made a presentation to Council regarding
Streamlined Sales Tax. Jim Witt, City Manager, answered questions
from Council.
8. Citizens' Appearances.
There was no one signed up to speak under this item.
CONSENT AGENDA
9. Consider approval of the following consent agenda items:
A. Consider approval of minutes: December 11, 2007.
B. Consider approval of a grant agreement between the City
of Coppell, The Coppell Education Development
Corporation and the Lewisville Independent School
District in the amount of $9,660.00 and authorizing the
City Manager to sign.
C. Consider approval for the procurement of two 2008
Chevrolet HD2500 Silverados and one 2008 Chevrolet
HD2500 Crewcab CC20943 through Buy board from
Caldwell Country Chevrolet for the amount not to exceed
$92,238.00, as budgeted in the Motor Vehicle Fund in the
Parks and Ballfields Capital Outlay; an authorizing the
City Manager to sign all required documents relative to
the purchase.
D. Consider approval of an Ordinance for Case No. PD-232-C,
Chicken Express, zoning change from C (Commercial) to
PD-232-C (Planned Development 232-Commercial) to
allow the construction of a 3,348-square-foot freestanding
restaurant with drive-thru, drive-in and eat-in service on
approximately 1.1 acres of property located on the north
side of E. Belt Line Road, approximately 175 feet east of
S. Denton Tap Road and authorizing the Mayor to sign.
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END OF CONSENT
Action:
Councilmember Peters moved to approve Consent Agenda Items A, B, C,
and D, carrying Ordinance No. 91500-A-489. Councilmember Franklin
seconded the motion; the motion carried 7-0 with Mayor Pro Tem
Hinojosa-Flores and Councilmembers Brancheau, Peters, Tunnell,
Faught, Franklin and York voting in favor of the motion.
10. PUBLIC HEARING:
Consider approval of Case No. PD-228R-HC, Bank of America
zoning change request from PD-228-HC (Planned Development-
228-Highway Commercial) to PD-228R-HC (Planned
Development-228 Revised-Highway Commercial) to attach a
Detail Site Plan to allow the development of a 4,634-square-
foot bank with five drive-thru lanes on 1.028 acres of property
located at the northeast corner of S.H. 121 and Denton Tap
Road.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Joshua Griffith, applicant, addressed the Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Councilmember York moved to close the Public Hearing and approve
Case No. PD-228R-HC, Bank of America zoning change request from PD-
228-HC (Planned Development-228-Highway Commercial) to PD-228R-
HC (Planned Development-228 Revised-Highway Commercial) to attach a
Detail Site Plan to allow the development of a 4,634-square-foot bank
with five drive-thru lanes on 1.028 acres of property located at the
northeast corner of S.H. 121 and Denton Tap Road, subject to the
following conditions:
Cm010808
Page 4 of 8
1) Dimension total length of landscape area in front of drive-thru
lanes.
2) That the applicant looks to reduce the landscaping shortage to
within 500 feet of code by using the following range of options:
a. A lane reduction from five to four lanes.
Councilmember Peters seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Hinojosa-Flores and Councilmembers Peters, Tunnell,
Faught, Franklin and York voting in favor of the motion.
11. Consider approval of an ordinance establishing a Crime Control
and Prevention District; providing for the adoption of a Crime
Control Plan and Budget; establishing a method for the
appointment of a Crime Control Board; providing a sunset
provision; and authorizing the Mayor to sign.
Presentation:
Jim Witt, City Manager, made a presentation to the Council.
Action:
Councilmember Franklin moved to approve Ordinance No. 2008-1189
establishing a Crime Control and Prevention District; providing for the
adoption of a Crime Control Plan and Budget; establishing a method for
the appointment of a Crime Control Board; providing a sunset provision;
and authorizing the Mayor to sign. Councilmember Brancheau seconded
the motion; the motion carried 7-0 with Mayor Pro Tem Hinojosa-Flores
and Councilmembers Peters, Tunnell, Faught, Franklin and York voting
in favor of the motion.
12. Consider a resolution casting its vote for the fourth member of
the board of directors of the Dallas Central Appraisal District,
and authorizing the Mayor to sign.
Presentation:
Jim Witt, City Manager, made a presentation to the Council.
Cm010808
Page 5 of 8
Action:
Councilmember York moved to approve Resolution No. 2008-0108.1
casting it’s vote for Scott Wheeler for the fourth member of the board of
directors of the Dallas Central Appraisal District, and authorizing the
Mayor to sign. Councilmember Brancheau seconded the motion; the
motion carried 7-0 with Mayor Pro Tem Hinojosa-Flores and
Councilmembers Peters, Tunnell, Faught, Franklin and York voting in
favor of the motion.
13. Mayor and Council Reports.
A. Report by Mayor Stover regarding New
Technology/Academy High School choice for CHS
Students.
B. Report by Mayor Pro Tem Hinojosa-Flores regarding
Metroplex Mayors’ Meeting.
A. Mayor Stover and Mayor Pro Tem Hinojosa-Flores were among the
few invited to view one of the technology academies in action in
California. They were highly impressed and excited for Coppell ISD
to open one next year for incoming freshmen and sophomores.
Informational sessions will be held and can be found on the
Coppell ISD’s website.
B. Mayor Pro Tem Hinojosa-Flores attended the Metroplex Mayors’
Meeting and listened to speakers from the North Central Texas
Council of Government. They discussed needed improvements in
terms of transportation, air and water quality, and education.
They encouraged all cities to come together and to become
prepared.
At this time, Council reconvened into Work Session.
WORK SESSION (Open to the Public)
Reconvene Work Session
B. Discussion regarding revisions to Sec. 6-15-6, Temporary
(on-premise) signs.
C. Discussion regarding Stormwater Management Plan.
D. Christmas Parade Review.
E. Discussion of Agenda Items.
Cm010808
Page 6 of 8
EXECUTIVE SESSION (Closed to the Public)
Reconvene Executive Session
F. Section 551.071, Texas Government Code - Consultation
with City Attorney.
1. The City of Coppell and Coppell Independent School
District opposition to a change of zoning request of
the Billingsley Corporation in the City of Dallas,
Zoning Case Number Z045-107; and City of Coppell
vs. CB Parkway Business Center VI, et al in the
County Court at Law No. 3; and CB Parkway
Business Center, et al vs. City of Coppell, et al; and
City of Dallas vs. Douglas Stover, et al in the 191st
District Court; and City of Coppell, et al vs. City of
Dallas, et al in the 101st District Court.
2. Discussion regarding Streamlined Sales Tax.
G. Section 551.087, Texas Government Code – Economic
Development Negotiations.
1. ED Prospects West of Beltline/Denton Tap and south
of Bethel Road.
H. Section 551.074, Texas Government Code - Personnel
Matters.
1. City Manager Evaluation.
Mayor Stover reopened the Executive Session as allowed under the
above-stated article. Mayor Stover adjourned the Executive Session at
9:45 p.m. and reopened the Regular Session.
REGULAR SESSION (Open to the Public)
14. Necessary action resulting from Work Session.
There was no action necessary under this item.
15. Necessary action resulting from Executive Session.
There was no action necessary under this item.
Cm010808
Page 7 of 8
There being no further business to come before the City Council, the
meeting was adjourned.
____________________________________
Douglas N. Stover, Mayor
ATTEST:
____________________________________
Libby Ball, City Secretary
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Page 8 of 8
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
Human Resources
January 14, 2007
9/B
✔
CONTRACT/BID or PROPOSAL
Consider approval of signing an Interlocal Agreement between City of Coppell and North Central Texas Council of
Governments regarding advertising at a discounted rate and authorizing the Mayor to sign.
The North Central Texas Council of Governments has undertaken an Interlocal Agreement with the Dallas Morning
news that will allow the City of Coppell and other municipalities to purchase advertising at a discounted rate. The
agreement will combine resources from several municipalities in the area to achieve a larger total contract amount
with the Dallas Morning News and will subsequently reduce the "by line" advertising costs for all involved. The Human
Resources Department has pledged $50,000.00 from the Advertising Line Item of our departmental budget as our level
of participation. Our current rate for advertising with the Dallas Morning News is approximately $20.00 per line. Our
involvement with the agreement will drop that rate to approximately $5.00 per line.
Funds for advertising have been budgeted in the Human Resources Advertising line item. (01-06-01-4250)
Staff Recommends Approval
&COGInternlocal-1AR
INTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING FOR CLASSIFIED ADVERTISING
THIS INTERLOCAL AGREEMENT (“Agreement”), made and entered into pursuant to the Texas Interlocal Cooperation Act,
Chapter 791, Texas Government Code (the “Act”), by and between the North Central Texas Council of Governments, hereinafter
referred to as “NCTCOG,” having its principal place of business at 616 Six Flags Drive, Arlington, Texas 76011, and
The City of Coppell, a local government, a state agency, or a non-profit corporation created and operated to provide one or more
governmental functions and services, hereinafter referred to as “Participant,” having its principal place of business at 255
Parkway Blvd Coppell, Tx 75019.
W I T N E S S E T H
WHEREAS, NCTCOG is a regional planning commission and political subdivision of the State of Texas operating under
Chapter 391, Texas Local Government Code; and
WHEREAS, pursuant to the Act, NCTCOG is authorized to contract with eligible entities to perform governmental functions and
services, including the purchase of goods and services; and
WHEREAS, in reliance on such authority, NCTCOG has a cooperative purchasing program under which it contracts with eligible
entities under the Act; and
WHEREAS, Participant has represented that it is an eligible entity under the Act, that its governing body has authorized this
Agreement on *January 22, 2008, and that it desires to contract with NCTCOG on the terms set forth below;
NOW, THEREFORE, NCTCOG and the PARTICIPANT do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The Participant represents and warrants to NCTCOG that (1) it is eligible to contract with NCTCOG under the Act because it is
one of the following: a local government, as defined in the Act (a county, a municipality, a special district, or other political
subdivision of the State of Texas or any other state, or a combination of two or more of those entities, a state agency (an agency of
the State of Texas as defined in Section 771.002 of the Texas Government Code, or a similar agency of another state), or a non-
profit corporation created and operated to provide one or more governmental functions and services, and (2) it possesses adequate
legal authority to enter into this Contract.
ARTICLE 2: APPLICABLE LAWS
NCTCOG and the Participant agree to conduct all activities under this Agreement in accordance with all applicable rules,
regulations, and ordinances and laws in effect or promulgated during the term of this Agreement.
ARTICLE 3: WHOLE AGREEMENT
This Agreement and any attachments, as provided herein, constitute the complete contract between the parties hereto, and
supersede any and all oral and written agreements between the parties relating to matters herein.
ARTICLE 4: BILLINGS
Participant will be billed directly for classified ads placed. The Participant is responsible for total committed dollars,. Any ads
placed above the predetermined number shall be pre-approved by Dallas Morning News. All amounts payable are due based on
the terms of the invoice and will comply with the terms of the Texas Prompt Payment Act (See Attachment A).
ARTICLE 5: PAYMENTS
Participant agrees to pay the NCTCOG an annual administrative fee of $350 to fully execute the interlocal agreement. Upon
delivery of services purchased, and presentation of a properly documented invoice, the Participant shall promptly based on the
terms of the invoice, pay Dallas Morning News the full amount of the invoice. All payments for services will be made from
current revenues available to the paying party. In no event shall NCTCOG have any financial liability to the Participant for any
services Participant procures through NCTCOG.
Payments under this Contract shall be paid solely from funds provided by local governments to NCTCOG for the specific purpose
of funding activities related to this Contact. Except as provided above, there shall be no obligation whatsoever to pay for
performance of this Contract from the monies of NCTCOG (See Attachment B).
(over)
ARTICLE 6: CHANGES AND AMENDMENTS
This Agreement may be amended only by a written amendment executed by both parties, except that any alternations, additions,
or deletions to the terms of this Agreement which are required by changes in Federal and State law or regulations are
automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date
designated by such law or regulation.
NCTCOG reserves the right to make changes in the scope services offered through the Cooperative Purchasing Program to be
performed hereunder.
ARTICLE 7: TERMINATION PROCEDURES
This contract will be automatically extended from year to year unless either party gives notice of intent to terminate agreement
thirty days prior to the end of the current term. NCTCOG or the Participant may cancel this Agreement at any time upon thirty
(30) days written notice by certified mail to the other party to this Agreement. The obligations of the Participant, including its
obligation to pay Dallas Morning News for all costs incurred under this Agreement prior to such notice shall survive such
cancellation, as well as any other obligation incurred under this Agreement, until performed or discharged by the Participant.
ARTICLE 8: SEVERABILITY
All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination
shall not affect any other term of this Agreement, which shall continue in full force and effect.
ARTICLE 9: FORCE MAJEURE
To the extent that either party to this Agreement shall be wholly or partially prevented from the performance within the term
specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of
war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not
attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be
suspended until such disability to perform is removed; provided, however, force majeure shall not excuse an obligation solely to
pay funds. Determination of force majeure shall rest solely with NCTCOG.
ARTICLE 10: VENUE
Venue and jurisdiction of any suit or cause of action arising under, or in connection with, this Agreement shall lie exclusively in
Tarrant County, Texas. Disputes between procuring party and Vendor are to be resolved in accord with the law and venue rules
of the State of purchase.
THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS FOLLOWS:
*Denotes required fields
NOTE: Facsimile copies of this document shall not be acceptable as ORIGINALS. Interstate v1 rev. 10/05
* City Of Coppell
Name of Participant
* 255 Parkway Blvd
Mailing Address
*Coppell Tx 75019
City State ZIP Code
*By:
Signature of Authorized Official
* Doug Stover
Doug Stover
* Mayor
Date
North Central Texas Council of Governments
616 Six Flags Drive, Arlington, Texas 76011
*By:
Signature of Authorized Official
*
Typed Name of Authorized Official
*
Typed Title of Authorized Official Date
INTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING FOR
CLASSIFIED ADVERTISING
Calendar Year 2008
ATTACHMENT A
Name of Entity: City of Coppell
Total Investment: $ 50,000.00
Number of hotjobs.com postings for CY 2008: 0
(these will be “internet only” ads and not run in the paper)
Participant will be billed directly for classified ads placed. The Participant is responsible for total
committed dollars. Any ads placed above the predetermined number shall be pre-approved by Dallas
Morning News. All amounts payable are due based on the terms of the invoice and will comply with the
terms of the Texas Prompt Payment Act.
The Dallas Morning News will provide Participant with monthly revenue updates summarizing the
advertising revenue spent by Participant. If during the contract period, Participant does not achieve the
contracted dollar volume level specified above, Participant will be billed and agrees to pay the difference
between the amount billed at the discounted rate for the contracted dollar volume level and amount that
would have been billed at the rate for the actual dollar volume level. Such amount will be due and payable
immediately upon receipt of the invoice.
Participant agrees to pay the NCTCOG an annual administrative fee of $350.00 to fully execute the
interlocal agreement. Upon delivery of services purchased, and presentation of a properly documented
invoice, the Participant shall promptly, based on the terms of the invoice, pay Dallas Morning News the full
amount of the invoice. All payments for services will be made from current revenues available to the
paying party. In no event shall NCTCOG have any financial liability to the Participant for any services
Participant procures through NCTCOG.
Entity Representative: Justin Vaughn Initials:
Please Print
NCTCOG Representative: Initials:
Please Print
INTERLOCAL AGREEMENT
FOR
COOPERATIVE PURCHASING
FOR
CLASSIFIED ADVERTISING
Calendar Year 2008
ATTACHMENT B
FURTHER CONDITIONS OF THIS AGREEMENT
1. The Publisher reserves the right to edit or reject any advertising tendered under this contract.
2. Payment by Participant must be made in Dallas, Texas, and shall be made not later than the 15th of the month for space
billed in the preceding calendar month. The Publisher and Participant agree that this contract is performable in Dallas
County, Texas. Any amount not paid in full by the due date will be considered overdue and will be collected and accrue
interest in accordance with the Texas Prompt Payment Act.
3. The rates of Publisher as set forth in this Agreement are based upon an assumed classification for the advertising being
placed. If at any time the Publisher determines that the advertising being placed does not qualify for the rates set forth,
then Publisher shall notify Participant that any further inserts run pursuant to this agreement shall be run at a revised rate.
Participant agrees to pay to Publisher the revised rate for any insertions run after Participant has received notice that the
rate has been revised and has been advised of the amount of the revised rate. If the Participant chooses not to pay the
revised rate, then the Participant must so advise Publisher before any additional insertions are run. If the Participant gives
notice to Publisher that Participant will not pay the revised rate, then this Agreement shall be terminated and the parties
shall have no further liability to each other except for amounts owing for advertising run prior to Publisher's receipt of
such notice from Participant. Upon contract termination, all advertising will be billed at the appropriate rate card rates.
4. Advertisements are to be inserted in accordance with the Publisher's rules of composition, position, and shape.
5. If the Participant specifies position, then the Participant agrees to pay the rate for such specific position provided the
desired position is available. The Publisher does not agree to accommodate a request for a specified position. If a
specified position requested by an Participant is not available, then the Publisher may position the copy in any position
according to the Publisher's rules of composition, position and shape unless the Publisher is notified in writing by the
Participant that the copy is to be printed only in the specified position and the Participant agrees to pay the applicable
rate of any copy printed in other than the specified position.
6. In the event the Participant fails to make payment as agreed, the Publisher and Participant agree that Publisher may at
any time discontinue the advertising of Participant and cancel this contract. Cancellation of the contract shall in no way
affect the obligation of the Participant to pay amounts due at the time of cancellation.
7. In case of omission or error in an advertisement as presented, the Publisher shall not be liable for damages, but in such
event the Participant's sole remedy shall be that the Participant shall not be liable for the entire cost of the advertisement.
The publisher will determine the % of effective cost due to error and reduce the entire cost of the ad by this % amount.
Publisher is the sole judge.
8. Advertising running consecutively will be carried until new copy is furnished or the advertising is ordered suspended.
All orders changing copy or suspending an advertisement must be made in writing.
9. In the event of default or other breach of the Participant in the undertaking herein, and suit thereon, Participant agrees to
pay all attorneys fees and costs incurred by Publisher.
10. While this contract is in effect, should any conditions arise which affect the cost of newspaper operation such as,
imposition by the Government of a sales tax or increased material or production costs, the Publisher reserves the right to
increase the advertising rates named on the reverse side hereof or incorporated, herein by reference. In such event,
however, the Publisher must give the Participant at least thirty (30) days' notice thereof and if such increase is not
satisfactory to the Participant, then the Participant shall have the privilege of canceling this contract.
11. Participant represents and warrants that the material provided by Participant for publication in accordance with this
Agreement is true, accurate, and correct. Participant agrees to indemnify and hold harmless Belo and its directors,
officers, agent and employees against and from all claims, exposure, liability, loss, or damage, including reasonable
attorney's fees, alleged to be caused by or arising wholly or in part out of the publication of Participant's material
hereunder.
12. This contract made and entered into under Publisher's current published schedule of rates in effect on the date hereof,
and by reference such schedule is expressly made a part hereof. Participant assumes responsibility for acquainting
Participant with such current published schedule of rates and Participant agrees that Participant shall be deemed to know
such current published schedule of rates.
13. Participant agrees to submit to Publisher in writing, all claims of errors in the statement of account submitted by
Publisher within thirty (30) days of billing date. All such claims not submitted shall be considered waived.
14. In the event that Publisher's form "Application for Credit" has been completed and submitted by Participant in
connection with this contract, Participant warrants that the information contained therein is true and correct, and agrees
that the making of any false statements therein constitutes a material breach of this agreement.
15. Any Application for Credit executed by Participant is hereby made a part of this Contract and incorporated herein fully
by reference.
16. The Participant, and the person signing in Participant's behalf if any, warrants they have the authority to make and sign
this agreement.
17. The Participant agrees to assume liability for and make payment for all advertising published pursuant hereto in the event
the Participant’s business is sold, merged or otherwise transferred, until such time as a contract is entered into between
Publisher and the new owner.
18.Space contracts and frequency contracts are automatically renewed for successive periods of one (1) year rates in effect
at time of renewal. Either party may decline such renewal by written notice to the other thirty days prior to the expiration
date of the current contract. One-time frequency contracts will not be renewed automatically.
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
January 22, 2008
9/C
✔
CONTRACT/BID or PROPOSAL
Consider approval of an Interlocal Agreement between the City and Northwest Dallas County Flood Control District to
satisfy the requirements of TCEQ Phase II Storm Water discharge compliance; and authorizing the Mayor to sign.
The Interlocal Agreement proposed in this item is a companion request to the Storm Water Management Plan also on
tonight's agenda. Approval will allow the City and the Northwest Dallas County Flood Control District to produce one
plan that encompasses shared goals and control measures, resulting in a savings of time and effort for both entities.
Staff recommends approval of the Interlocal Agreement.
#ILA for NW Dallas Co FCD
MEMORANDUM
TO: Mayor and City Council
FROM: Keith R. Marvin, P.E., Project Engineer
DATE: January 22, 2008
REF: Consider approval of an Interlocal Agreement between the City and Northwest
Dallas County Flood Control District to satisfy the requirements of TCEQ Phase
II Storm Water discharge compliance; and authorizing the Mayor to sign.
This agenda item corresponds to the approval of the Storm Water Management Plan (SWMP)
also before you this evening. Both the City of Coppell and the Northwest Dallas County Flood
Control District are obligated to adopt a SWMP under the TCEQ requirements. The TCEQ
regulations and our SWMP require both the City and the NDCFCD to provide certain
informational and participatory programs for residents of the City or the District. The plan
requires the City or District to adopt ordinances aimed at detecting illicit discharges to the storm
water collection system. The plan also addresses storm water runoff from development both
during and after construction. Lastly, the plan addresses pollution prevention from ongoing
municipal operations.
In September 2007 the City was contacted by Nathan D. Maier Consulting Engineers, Inc. on
behalf of the NDCFCD with the suggestion of partnering on the completion of our SWMP. At
that time we had already secured the consulting services of Mehta West Brashear Group, so we
declined the invitation to meet. The City was approached again on the same subject in late
November and agreed to meet with a representative of the NDCFCD board and his engineer
from Nathan D. Maier.
The NDCFCD was of the opinion that since their boundary lies wholly within the City of
Coppell that the requirements of the permit would be the same within their boundary for both the
District and the City. In other words the residents would receive the same public notifications
from both entities. However, if we were to produce one plan with one set of shared goals in
partnership there would be a savings of time and effort.
Under this agreement we will produce one joint Storm Water Management Plan, and the City of
Coppell will be responsible for the following minimum control measures:
1. Public Education and Outreach
2. Public Involvement/Participation
3. Illicit Discharge Detection and Elimination
4. Construction Site Storm Water Controls
5. Post-Construction Storm Water Management for New
Development/Redevelopment
Under this agreement each entity will be responsible for filing its own forms, applications,
reports, and any associated papers with the TCEQ to ensure compliance with any and all
regulations related to the joint plan. We will also each be responsible for the sixth minimum
control measure which deals with Pollution Prevention/Good Housekeeping for Municipal
Operations.
Staff recommends approval of this Interlocal Agreement. The Board of the NDCFCD will be
meeting tomorrow night to consider this same item. Staff will be available to answer any
questions at the Council meeting.
1 INCH = FT.
0 5000
5000
2500
Area of Involvement Map
City of Coppell
Appendix A
Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\AREA INVOLVMENT MAP
Created on: 20 December 2007 by Scott Latta
COPPELL CITY LIMIT
NORTHWEST DALLAS COUNTY
FLOOD CONTROL DISTRICT
STATE OF TEXAS §
§ INTERLOCAL
AGREEMENT
COUNTY OF DALLAS §
This Interlocal Agreement ("AGREEMENT") for the joint submission of a Storm Water
Management Plan to satisfy the requirements of the permit application to the Texas
Commission on Environmental Quality (TCEQ) for compliance with Phase II municipal
storm water discharges to waters of the U.S. (hereafter referred to as the “PLAN”) is
made and entered into by and between the City of Coppell, Texas, a municipal
corporation located in Dallas County, Texas ("CITY"), and the Northwest Dallas
County Flood Control District as created by the Texas Legislature (H. B. 2390, Act 69th
Legislature, Regular Session, 1985) (hereafter referred to as the “DISTRICT”).
WHEREAS, the CITY and the DISTRICT mutually desire to enter into an
AGREEMENT to partner with each other in the joint submission of a Storm Water
Management Plan to the TCEQ for compliance with Phase II requirements of Section
402(p) of the Clean Water Act; and
WHEREAS, Chapter 791, TEXAS GOVERNMENT CODE, as amended (the
"ACT"), provides authorization for Local Governments to contract with each other for
functions in which both entities are mutually interested; and
WHEREAS, by definition in Chapter 791, Texas Government Code, the CITY
and the DISTRICT are both defined as Local Governments; and
Whereas it has been determined that approval of this AGREEMENT will be
mutually advantageous to the CITY and the DISTRICT; and
NOW, THEREFORE, for and in consideration of the mutual covenants, terms and
conditions set forth herein, and the mutual benefits to each party, the receipt and
sufficiency of which are hereby acknowledged, the CITY and the DISTRICT hereby
contract, covenant, warrant and agree as follows:
I
ADOPTION OF PREAMBLE
All of the matters stated in the preamble of this AGREEMENT are true and
correct and are hereby incorporated into the body of the AGREEMENT as though fully
set forth in their entirety herein.
II
OBLIGATIONS OF THE PARTIES
2.01 The CITY and the DISTRICT have independently contracted and paid
for Engineering Services related to the preparation of the Storm Water Management Plan.
The CITY and the DISTRICT agree to a joint submission of a Storm Water
Management Plan to the TCEQ in compliance with the Phase II requirements as noted
above.
2.02 The CITY and the DISTRICT agree that services related to the
inspection and maintenance of District-owned facilities within the DISTRICT
boundaries will continue to be the financial responsibility of the DISTRICT.
2.03 The CITY and the DISTRICT agree that the CITY will perform
the required portions of the Storm Water Management Plan in regards to the minimum
control measures:
1. Public Education and Outreach
2. Public Involvement/Participation
3. Illicit Discharge Detection and Elimination
4. Construction Site Storm Water Controls
5. Post Construction Storm Water Management for New
Development/Redevelopment
2.04 The CITY and the DISTRICT agree that each respective entity
will be responsible within their area of involvement for minimum control measure 6,
Pollution Prevention/Good Housekeeping for Municipal Operations.
2.05 The CITY and the DISTRICT agree that the DISTRICT will
provide detailed information on activities within the DISTRICT boundaries to the CITY
as needed so that the CITY may complete its annual report to the TCEQ.
2.06 The CITY and the DISTRICT agree that each respective entity
will be responsible for record keeping, and submittal of any and all required forms and
notifications to the TCEQ under the terms of their permit, or as required by the Storm
Water Management Plan
III
INDEMNIFICATION AND HOLD HARMLESS
3.01 THE DISTRICT AGREES TO INDEMNIFY AND HOLD THE CITY
HARMLESS FROM ANY CLAIM BY A THIRD PARTY FOR DAMAGES ARISING
FROM OR RESULTING FROM THE IMPLEMENTATION OF THE STORM WATER
MANAGEMENT PLAN.
3.02 THE CITY AGREES TO INDEMNIFY AND HOLD THE DISTRICT
HARMLESS FROM ANY CLAIM BY A THIRD PARTY FOR DAMAGES ARISING
FROM OR RESULTING FROM THE IMPLEMENTATION OF THE STORM WATER
MANAGEMENT PLAN.
3.03 HOWEVER~ THE INDEMNIFICATION AND HOLD HARMLESS
CONTAINED HEREIN SHALL NOT BE DEEMED A WAIVER OF ANY
SOVEREIGN IMMUNITY ALLOWED PURSUANT TO TEX. CIV. PROC. & REM.
CODE, SECTION 101.001 ETSEQ., OR OTHERWISE.
IV
NOTICES
Any notice required to be given under this Agreement shall be deemed to have
been adequately given if deposited in the United States mail in an envelope with
sufficient postage and properly addressed to the other party as follows:
If to the DISTRICT: If to the CITY:
Northwest Dallas County Flood Control District City of Coppell
c/o Mr. Pete Eckert c/o City Engineer
3960 Broadway Boulevard, Suite 205 255 Parkway Blvd.
Garland, Texas 75043 Coppell, TX 75019
A change of address may be made by either party upon the giving of ten (10) days
prior written notice.
V
MISCELLANEOUS PROVISIONS
5.01 This AGREEMENT shall be binding upon and inure to the benefit of the
parties hereto and their respective successors and assigns.
5.02 This AGREEMENT constitutes the sole and only agreement of the
parties hereto and supersedes any prior understandings or written or oral agreements
between the parties respecting the subject matter hereof.
5.03 No amendment, modification or alteration of the terms hereof shall be
binding unless the same be in writing, dated subsequent to the date hereof and duly
executed by the parties.
5.04 This AGREEMENT may be executed concurrently in one or more
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
5.05 If, in case, any one or more of the provisions contained in this
AGREEMENT shall for any reason be held to be invalid, illegal, or unenforceable in
any respect, such invalidity, illegality, or unenforceability shall not affect any other
provision hereof and this AGREEMENT shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein.
5.06 The obligations and undertakings of each of the parties to this
AGREEMENT are and shall be performable in Dallas County, Texas.
5.07 Each party hereto warrants that it has received authority from its
governing body to enter into this AGREEMENT.
EXECUTED this ___ day of ______, 2008.
NORTHWEST DALLAS COUNTY CITY OF COPPELL, TEXAS
FLOOD CONTROL DISTRICT
By:_______________________________ By:___________________________
Wayne Reynolds Douglas N. Stover
President Mayor
ATTEST: ATTEST:
___________________________________ ______________________________
Libby Ball
City Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
____________________________________ ______________________________
Robert E. Hager
Attorney City Attorney
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
ENGINEERING
January 22, 2008
9/D
✔
RESOLUTION
Consider a Resolution to adopt a Storm Water Management Plan (SWMP) for the purpose of meeting compliance
goals of the new TCEQ Phase II Municipal Storm Water requirements; and authorizing the Mayor to sign.
Adoption of this Resolution will allow the Storm Water Management Plan to be presented to TCEQ as the official plan
for the City of Coppell and the Northwest Dallas County Flood Control District. The annual report submitted to TCEQ
will be prepared in association with the District, as provided for in the Interlocal Agreement (a companion item to this
Resolution).
Staff recommends adoption of the Storm Water Management plan.
#Stormwater Mgmt Plan
MEMORANDUM
TO: Mayor and City Council
FROM: Ken Griffin, P.E., Director of Engineering and Public Works
DATE: January 22, 2008
REF: Consider a Resolution to adopt a Storm Water Management Plan (SWMP) for
the purpose of meeting compliance goals of the new TCEQ Phase II Municipal
Storm Water requirements; and authorizing the Mayor to sign.
The original draft of the Storm Water Management Plan (SWMP) was presented to Council in
December of 2001 when the original intended issuance of the general permit by the Texas
Commission on Environmental Quality (TCEQ) was for 2002. August 13, 2007 the TCEQ
issued a general permit under the Texas Pollutant Discharge Elimination System (TPDES). The
permit authorizes Small Municipal Separate Storm Sewer Systems (MS4’s) and MS4’s located in
an urbanized area to discharge storm water and certain non-storm water discharges from their
storm sewer system. The Northwest Dallas County Flood Control District (NDCFCD)
boundaries lie fully within the Coppell city limits and are also required to submit a SWMP. A
prior agenda item this evening recommended approval of an inter-local agreement between the
City of Coppell and the NDCFCD. The entire plan was provided to Council under separate
cover.
The SWMP is designed to prevent pollution in storm water to the maximum extent practicable
and effectively prohibit illicit discharges to the system. There are six minimum control measures
required to be addressed in the plan by the general permit issued by TCEQ. The plan details the
existing Best Management Practices (BMP’s) currently implemented by the City of Coppell and
details the future enhancement of the existing BMP’s and the resulting measurable goals that can
be achieved, which will lead to reductions in pollutants discharged to the storm sewer system.
Coppell, in association with the NDCFCD, will submit a concise annual report for each year of
the permit term. The report will include the status of compliance with the permit conditions, an
assessment of the appropriateness of the BMP’s and progress towards achieving the measurable
goals for each of the minimum control measures.
Staff recommends approval of the resolution adopting the SWMP and will be available to answer
questions at the Council meeting.
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS, ADOPTING A STORM WATER MANAGEMENT
PLAN FOR THE PURPOSE OF MEETING COMPLIANCE GOALS OF
THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ)
PHASE II MUNICIPAL STORM WATER REQUIREMENTS, AND
AUTHORIZING THE MAYOR TO SIGN; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Coppell is required to submit a storm water management plan in
accordance with Section 402 of the Clean Water Act and Chapter 26 of the Texas Water Code.
WHEREAS, the City of Coppell will comply with the General Permit and the
requirements put forth by the Texas Commission on Environmental Quality.
WHEREAS, the purpose of the storm water management plan is to prevent pollution in
storm water to the maximum extent practicable and effectively prohibit illicit discharges to the
system.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That the City Council of the City of Coppell hereby adopts the Storm
Water Management Plan, as prepared in conjunction with the City’s consultant, containing the
necessary components to comply with the TCEQ Phase II Municipal Storm Water Plan
requirements.
SECTION 2. That the Mayor is also hereby authorized to sign the official document that
will be presented to the TCEQ known as the “City of Coppell Storm Water Management Plan.”
SECTION 3. This Resolution shall become effective immediately from and after its
passage, as the law and charter in such cases provide.
DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this
the _______ day of _______________, 2008.
514
APPROVED:
DOUGLAS N. STOVER, MAYOR
ATTEST:
APPROVED AS TO FORM: LIBBY BALL, CITY SECRETARY
__________________________________
ROBERT E. HAGER, CITY ATTORNEY
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Fire Department
January 22, 2008
9/E
✔
CONTRACT/BID or PROPOSAL
Consider approval for the procurement of one (1) Brush/Quick Response Vehicle and Equipment through BuyBoard
from Martin Apparatus, Inc. in Denton, Texas for the amount not to exceed $93,488 and a BuyBoard fee of $1,500, as
budgeted in the Motor Vehicle Fund in the Fire Department Capital Outlay; and authorizing the City Manager to sign
all required documents relative to the purchase.
The Brush/Quick Response Vehicle and Equipment is scheduled and budgeted to replace a Mini-Brush Pumper that
exceeded its usable life and was previously removed from service. Since then, the Fire Department has been using
large structural fire apparatus in its place. As a result, costly damage has occurred to the apparatus, roadways,
alleys, and private driveways. At times, there have been delays in service while waiting for Mutual Aid response
assistance. The CFD also experiences limited ability to support regional request for service as outlined in local
agreements. A recent survey of the community conducted by the Texas Forest Service confirms a high probability of
fire due to urban interface in areas difficult to access with current apparatus.
The purchase is being made through Local Government Code 271.02, Interlocal Agreement Contract #TASB #245-06.
Funds have been budgeted in the Fire Department Motor Vehicle account for this purchase. (01-04-09-5010)
Staff recommends approval.
(Brush Vehicle - 1 AR
MARTIN APPARATUS, INC.
January 11, 2008
Deputy Chief Greaser
Coppell Fire Department
Martin Apparatus is pleased to provide the following proposal for one (1)
Brush/Attack truck. The enclosed proposal pricing is based on the accompanying
specifications, which have been tailored to meet your requirements. The proposal pricing
includes the unit delivery cost from Denton, Texas, after final inspection. The purchasing
fees charged by Buy Board are included in the following proposal price. Delivery for the
proposed unit will be within 45 days from receipt of chassis upon purchase order
received at Martin Apparatus. This pricing is valid for 30 days from the above date.
Payment is due to Martin Apparatus,
Martin Apparatus, Inc
P.O. Box 974615
Dallas, TX 75397-4615
upon acceptance of the apparatus at the final inspection. Any changes to the original
specification will be invoiced or credited as a separate transaction from the original bid.
A late fee of .033% per day will be charged for overdue payments for the first 30 days
and a fee of .044% per day thereafter.
(1) Martin Apparatus Brush Vehicle through Buy Board #245-06
Brush Unit Buy Board cost - $90,182
Optional equip. Turret - $ 3,306
Buy Board Fee - $ 1,500
Total Cost - $94,988.00
Sincerely,
Travis Ownby
Sales Representative
3500 SHELBY LANE • DENTON, TEXAS • 76207
PHONE: 940-382-9600 • FAX: 940-382-9605
TEXAS TOLL-FREE 877-970-9600
Coppell Fire Department
Brush/Attack Truck
January 4, 2008
We are pleased to submit a proposal to you for One (1) brush apparatus per your
request for quotation. The following paragraphs will describe in detail the
apparatus proposed. The construction and final assembly of the proposed unit
will be at the Pierce Service Center 3500 Shelby Lane, Denton, Texas.
Continued service and parts will be available at that service center as well as our
(3) other Texas service locations. Mobile service is also available from our
Denton, Austin and Houston locations.
Quality and Workmanship
Our tradition of building the highest quality units with craftsmen second to none
has been the rule right from the beginning. We currently have a "Quality
Achievement Supplier" program to insure the vendors and suppliers that we
utilize meet the high standards that we demand. That is just part of our overall
"Quality at the Source" program. Another part of this program is employing
experts in their fields, like a Certified American Welding Society Inspector to
monitor our weld quality.
Delivery
Apparatus, to insure proper break in of all components while still under warranty,
shall be delivered under its own power - rail or truck freight shall not be
acceptable. A qualified delivery engineer representing the contractor shall
deliver the apparatus and remain for a sufficient length of time to instruct
personnel in the proper operation, care and maintenance of the equipment
delivered.
General Construction
The apparatus shall be designed with due consideration to distribution of load
between the front and rear axles. Weight balance and distribution shall be in
accordance with the recommendations of the National Fire Protection
Association.
Warranty
The manufacturer shall warranty each piece of new fire or rescue apparatus to
be free from defects in materials or workmanship under normal use and service.
The manufacturer's obligation under this warranty is limited to repairing or
replacing, as the company may elect, any parts thereof which are returned to
them, with transportation costs prepaid and as to which examination is disclose
to the company's satisfaction to have been defective. The part, or parts, shall be
returned to the manufacturer not later than one (1) year from delivery of the
apparatus. Such defective part, or parts, shall be repaired or replaced free of
charge and without charge for installation to the original purchaser.
This warranty shall not apply:
1) To normal maintenance and adjustments.
Coppell Fire Department
Brush/Attack Truck
January 4, 2008
2) To any vehicle which has been repaired or altered outside of the factory
in any way so that, in the manufacturer's judgment, it would affect the
stability. Also it shall not apply to any vehicle which has been subject to
misuse, neglect, or accident, or to any vehicle which shall operate at any
speed exceeding the factory rated speed, or loaded beyond the factory
rated load capacity.
3) To commercial chassis and associated equipment furnished with the
chassis, signaling devices, generators, batteries, or other trade accessories
in which they are usually warranted separately by their respective
manufacturers.
This warranty is in lieu of all other warranties, expressed or implied, all others
representations to the original purchaser and all other obligations or liabilities,
including liability for incidental or consequential damages on the part of the
company. The manufacturer neither assumes nor authorizes any other person to
give or assume any other warranty or liability on the company's behalf, unless
made or assumed in writing by the company.
Chassis
The chassis shall be a Ford F550 4-door cab, V10 gas, automatic, dual rear
wheel, 60” cab to axle per the following description:
Seating Capacity
The seating capacity in the cab shall be four (4).
GVW Rating
The gross vehicle weight rating shall be a minimum of 19,500#.
Frame
The frame rails shall be single channel type.
Front Axle
The front axle shall be a driving type, with a 6,000 pound capacity rating at the
ground. The front axle hubs shall be manually operated.
Transfer Case
A manually shifted, two (2) speed transfer case shall be provided.
Front Suspension
- Leaf Spring Type
- Capacity at Ground: 6,000 pounds
Coppell Fire Department
Brush/Attack Truck
January 4, 2008
- Shock Absorbers: Double acting, 1.375" gas-type
- Front Stabilizer Bar
Shock absorbers shall be provided on the front axle.
Rear Axle
The single reduction rear axle shall have a ground rating capacity of 13,500
pounds.
The rear brakes shall be hydraulic disc type.
Parking Brake
The parking brake shall be located on the rear axle service brake.
Rear Suspension
The rear suspension shall be a leaf spring type, with a capacity at ground level of
13,500 pounds.
The rear stabilizer bar shall be included.
Anti-Lock Brake System
The vehicle shall be equipped with a Bendix 4-channel anti-lock braking system.
Front Brakes
The front brakes shall be hydraulic disc type.
Engine
- Model: Triton V10 gasoline
Engine Accessories
- Air Cleaner: Dry type, with restriction indicator in cab
- Governor: Limiting speed type
- Lube Oil Cooler
- Lube Oil Filter: Full flow
- Fuel Filter: Single fuel filter/water separator, heated
- Starting Motor: 12-volt
- Oil Fill and Level Gauge
Coppell Fire Department
Brush/Attack Truck
January 4, 2008
Engine Warranty
The engine only, shall come with a five (5) year or 100,000 mile warranty
provided by the engine manufacturer.
Fuel Tank
The fuel tank provided shall be 40 gallon capacity and mounted behind the rear
axle by the chassis manufacturer. It shall comply with all DOT regulations. It
shall be designed and installed so that it does not interfere with the mounting of
the pump, plumbing or other components.
An auxiliary fuel tap shall be provided.
Transmission
A five (5) speed automatic overdrive transmission shall be provided.
Transmission Cooler
A transmission oil cooler shall be provided in the lower tank of the radiator.
Tires, Front
The front tires shall be 225/70R19.50, 12-ply radial all season tread.
Wheels, Front
Wheels for the front axle shall be 19.50" x 6.00" steel disc, eight (8)-hole pattern.
Tires, Rear
The rear tires shall be 225/70R19.50, 12-ply radial all-season tread.
Wheels, Rear
The rear wheels shall be 19.50" x 6.00" steel disc with a eight (8)-hole pattern.
Wheel Covers
Chrome plated lug nut covers shall be installed on all lug nuts. Polished wheel
liners and covers will be included.
Cab
Type: Conventional (engine forward) Four (4) Door Cab
Construction: Welded steel
Cab Trim:
- XL Package
Accessories:
- Tinted Glass in all Windows
Coppell Fire Department
Brush/Attack Truck
January 4, 2008
- Gray Vinyl Upholstery
- Black Rubber Floormats
- Fresh Air Heater and Defroster
- Air Conditioning
- Chrome Hood Mounted Grille
- Tow Command Integrated Brake Controller
- Skid Plates transfer Case
- Traction Control
- Power Window & Locks with door key pad entry
- Dual Electric Horns
- AM/FM Stereo Radio
- Gray Vinyl Upholstery
Mirrors
The mirrors shall be black, power w/ heat & integrated clearance lights with turn
signals, foldaway type. The mirrors shall manually telescope in/out for view
adjustment.
Bumper
A Heavy Duty painted steel brush guard/front bumper with 2” receiver hitch will
be included. Brush guard will provide a mounting surface for warning lights as
well as protect the headlights/grill from off road hazards.
Seating
Seating inside the cab shall consist of a 40/20/40 bench seat front, with shoulder
belts on the outside seat positions front and rear.
A console shall be included and mounted under the dash to provide space for
radio, siren and switches.
Engine Compartment Lights
One (1) engine compartment light shall be installed under the engine hood, of
which the switches are an integral part.
Coppell Fire Department
Brush/Attack Truck
January 4, 2008
Emergency Switch Panel
A emergency switch panel shall be provided in the cab. The switch panel shall
be located on the cab instrument panel.
- Two (2)-speed Individual Windshield Wiper Controls with Intermittent Feature
Battery System
A single starting battery system shall be provided consisting of two (2) 12 volt,
850 CCA, maintenance-free, group 31 batteries.
The battery system shall have a total of 1700 CCA.
A Kussmaul battery charger shall be included with Kussmaul with auto eject.
Electrical System
- Alternator: A single 115 amp, internally regulated, with a capacity of 12-volt 230
amperes.
AM/FM Radio
There shall be an AM/FM stereo radio provided in the passenger's compartment
in the cab. The radio shall be mounted in the dash and shall have an externally
mounted antenna.
Exterior Lighting
Exterior lighting shall meet or exceed Federal Department of Transportation,
Federal Motor Vehicle Safety Standards and National Fire Protection Association
requirements in effect at time of proposal.
Front headlights shall be OEM dual beam jewel effect headlamps.
Five (5) clearance and marker lights shall be installed across the leading edge of
the cab.
Warning Lights (Cab Face)
A pair of flush mounted, red, LED lights shall be provided on the cab face.
A switch shall be provided inside the cab on the switch panel for actuation.
Front Warning Lights
Two (2) LED lights shall be provided on the side of the hood - one each side -
forward of the front axle.
Each light shall be provided with a red lens.
Coppell Fire Department
Brush/Attack Truck
January 4, 2008
Back-Up Alarm
A solid state electronic audible back-up alarm that actuates when the truck is
shifted into reverse shall be provided. The device shall sound at 60 pulses per
minute and automatically adjust its volume to maintain a minimum five (5) dba
above surrounding environmental noise levels.
Body Construction
All body components and sides are fabricated from 1/8” smooth and/or diamond
plate aluminum. The complete body shall be constructed using break and bend
techniques to form the aluminum into a strong, yet flexible structure. Door jams
are fabricated into the body. Standard door post are 3” wide, 1-1/2” deep, with a
one inch lip for attaching a door seal. Rescue body corners are both mig wielded
on insides and tig welded on outsides to provide a solidly constructed body that
resist cracking and splitting. Seams are mig welded and tig welded also unless in
areas that it is not necessary and may cause unnecessary warping. Seams on
the roof are mig welded solid on the underside. Where there are no vertical
dividers butting into the seam, the seams are capped with a 1” x 1-1/2” open
post. The top side on the seam is welded and/or sealed with an elastic sealant.
Body fasteners are typically aluminum or stainless steel.
Subframe
The subframe consists of two “mounting sills”. (Aluminum extrusions running
from front to back of the body, spaced according to the truck’s chassis frame
rails). Mounting sills are typically ¼” x 3” I-beam extruded aluminum.
Crossmembers consist of several 3” I-beams (standard) running perpendicular to
the mounting sills. The crossmembers are spaced 10 – 14 inches apart
depending on compartment sizes. The crossmembers shall be the same length
as the cargo area except for 2 crossmembers located in the front and rear of the
compartment over the truck tires. These crossmembers are the same length as
the width of the body to supply ample support of the compartments. Flooring is
1/8” aluminum tread plate unless otherwise specified. Heavier floor options
include 1-1/4” extruded or .190 diamond plate.
Wiring
The entire body comes wired with 14 gauge wire enclosed in wire loom.
Connections are made with moisture resistant butt connectors. The service body
shall be supplied with Peterson lights to conform to Federal lighting regulations.
Cover panels come installed on the rear compartments to protect the rear tail
lights and wiring. These are removable for easy access to the wiring.
Compartment Doors
ROM roll-up doors shall be furnished as required for body.
Coppell Fire Department
Brush/Attack Truck
January 4, 2008
Sweep-out Compartments
Sweep-out compartments are available for easier cleaning of debris off the
compartment floors.
Compartment sizes shall be front to rear, approximately 34” wide X 48” high X
22” deep, 40” wide X 30” high X 22” deep, and 34” wide X 42” high X 22” deep.
Compartment Considerations
Considerations have been given by the manufacturer to raise the rear
compartment floor up 6” to the level of the frame rail for greater angle of
departure.
The manufacturer has agreed to raise the compartment ceiling height 8” across
all compartments to create a more fluent profile of the roof line and cab. This
shall be performed at no additional charge if desired by the customer.
Shelving
All shelving is fabricated from 1/8” smooth aluminum. Five shelves per side shall
be furnished. A 2” lip on the front of the shelf is standard. Adjustable shelving will
consists of four on each side, one in the forward compartment, one in the wheel
well compartment, and two in the rear compartment, using four 1” x 1-1/2” open
post attached to each side of the compartment. Shelving has a 2” lip on all four
sides and are attached to the post by the use of an angle synched to the post
and bolted to the trays.
Open Top Compartment
This is a compartment running horizontally front to back on each side of the
body. The compartments are 9-1/2” deep, standard open to rear on drivers side
only.
Interior Lights
Interior lights may either be switched with a main toggle switch or compartments
can house an automatic switch to turn lights on when the compartment door is
opened. We offer both individual lights and rope lighting. Interior lights can be a
single bulb fixture or strip/rope lighting.
Step Bumper
The step bumper on a standard service body is 8” deep. The step bumper is
fabricated from 1/8” tread plate aluminum with a 2’ vertical flange and a 1” return
on the underside. The step bumper shall be braced with 2” aluminum extrusions
to provide sufficient support. Step bumper gussets may also be added. A grip
strut is available as well. A rear receiver class 4 Hitch will be provided.
DOT Lighting
Whelen tri-cluster LED lighting shall be provided on the rear of the body.
Coppell Fire Department
Brush/Attack Truck
January 4, 2008
Fender Flares
Rolled aluminum fender flares in either smooth or diamond plate finish are a
standard around the rear tire opening.
Rear Mud Flaps Black rubber rear mud flaps shall be installed behind the rear
duals
Mounting
Rescue bodies are to be set with rubber between the truck chassis frame and the
mounting sills of the body. Four to six U-bolts mount over the service body
mounting sills and under the truck frame.
Water Tank
Booster tank shall have a capacity of 300 gallons and be constructed of black
polypropylene plastic.
Tank shall be rectangular in shape. Tank joints and seams shall be nitrogen
welded inside and out.
Tank shall be baffled in accordance with NFPA Bulletin 1906 requirements.
Baffles shall have vent openings at both the top and bottom to permit movement
of air and water between compartments.
All partitions shall interlock and shall be welded to the tank bottom and sides.
Tank top shall be constructed of .50" polypropylene. Tank top shall be
sufficiently supported to keep it rigid during fast filling conditions.
Mounting provisions shall be provided to keep the tank in position while the
vehicle is moving.
Mounting system shall be approved by the tank manufacturer. Tank is a
polypropylene with a ten (10) gallon foam cell.
Water Tank Warranty
Tank shall have a lifetime warranty.
Portable Pump
A 18hp Honda gasoline engine driven air cooled pump shall be provided. It shall
be installed at the rear of the truck and positioned for ease of use and efficient
use of space.
The pump is rated on a bench for 250 gpm @ 50 psi or 100 gpm @ 150 psi.
Coppell Fire Department
Brush/Attack Truck
January 4, 2008
The performance may be reduced as installed on the truck.
This unit shall be supplied by a fuel tank that is supplied with skid unit.
Electric start shall be provided on the control panel.
A pressure gauge and throttle shall be located at the control panel.
Pump Warranty
A (1) year warranty on the parts shall be provided for the pump by the pump
manufacturer.
Plumbing
All inlet and outlet lines up to 3.00" shall be plumbed with either heavy-duty
threaded pipe or synthetic rubber hose reinforced with hi-tensile polyester braid.
If hose is used, it must have a minimum burst rating of 1,000 psi and be
equipped with high pressure brass or stainless steel couplings.
Pump Inlet
A gated 2.50" pump inlet shall be provided at the rear of the vehicle. It shall be
incorporated into the tank to pump plumbing. The inlet shall be controlled at the
valve. It shall be furnished with a National Standard hose thread, chrome plated,
swivel and plug.
The main pump inlets shall have National Standard Threads with a rocker lug
chrome plated cap
Valves
All discharges shall use in-line ball valves.
Tank to Pump
The water tank shall be connected to the intake side of the pump with heavy duty
piping and a quarter turn 2.50" full flow line. The control shall be within easy
reach of the operator.
Plumbing System Drain
The discharges and plumbing shall drain through a main pump drain system that
accommodates the plumbing system. Individual drains or bleeders for each
discharge shall not be required.
Discharge Outlet Controls
The discharge outlets shall incorporate a quarter-turn ball valve with the control
located at the the valve. The valve operating mechanism (handle) shall indicate
the position (open/closed) of the valve.
Coppell Fire Department
Brush/Attack Truck
January 4, 2008
Discharges shall include:
(1) 1” booster reel discharge
(1) 1-1/2 inch preconnect discharge
(1) 1-1/2 inch rear discharge
(1) 1 inch rear discharge
(1) ¾ inch rear discharge
(1) 1” tank fill – return line
Class A Foam System
There shall be a Scotty 4071, around the pump foam proportioning system
furnished and installed on the apparatus.
The system shall be a single agent system capable of handling Class "A" foam
concentrate.
The foam system shall be installed in accordance with the manufacturer
recommendations.
The system shall be equipped with a control module. It shall be installed near
the pump operator's panel and enable the pump operator to perform the following
functions:
- Activate the foam system.
- Change foam concentrate proportioning rates from .1%, .5% or to 1%.
Booster Reel
An electric rewind Hannay brand booster reel will be provided on the passenger
of the truck. Reel will have a capacity of 100’ of 1” hard rubber booster hose and
will include 100’ of hose. It will also include a 12V electric rewind with single push
button control on the reel. A chrome roller guide set of 3 rollers will be mounted
as required to deploy hose.
Front Bumper Monitor – An Elkhart Sidewinder remote controlled front bumper
monitor will be plumbed to the pump and mounted to the front bumper
replacement. It shall be controlled with an Elkhart electric valve operated from
the drivers compartment.
Pre-Connected Hose Tray
There shall be a 1 ½” pre-connected discharge plumbed to one of side mounted
hose trays on the driver’s side of the body. The tray will be made from 1/8”
aluminum tread plate and be capable of holding 150’/200' of 1 3/4" fire hose.
Master Gauges
The pump master vacuum and pressure gauge shall be fluid filled. The fluid fill
Coppell Fire Department
Brush/Attack Truck
January 4, 2008
shall be an environmentally friendly synthetic anti-freeze agent, acting as a
lubricant and shock absorber.
Electronic Siren
A Whelen electronic siren with noise canceling microphone shall be provided.
The siren unit will contain integrated switches for controlling all warning lights.
Siren head shall be located in the center console.
Speaker
There shall be two speakers recessed in the front bumper. The speaker shall be
100-watt, bumper-mount.
Warning Light (Cab Roof), Customer to furnish
A light bar shall be mounted on the cab roof. The light bar shall be customer
supplied and meet current NFPA standards.
Side Zone Lower Lighting
Whelen LED lights with lenses shall be located at the following positions:
Two (2) lights, one each side on the front fenders, forward of the cab
doors.
Two (2) lights, one each side on the body fender panels.
The above four (4) lights shall be required to meet the lower level optical warning
and optical power requirements of NFPA.
Rear Zone Lower Lighting
Two (2) Whelen LED lights shall be located at the rear of the apparatus, required
to meet the lower level optical warning and optical power requirements of NFPA.
Can we make the rear lighting assembly a Whelen single housed brake, reverse,
emergency for the lower side of the body?
Graphics
Graphics shall be provided by the dealer and will include the following:
• NFPA striping to match current FD fleet, best as possible
• Lettering, Scotchlite reflective with outline3”. 41-60 characters
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
Finance
January 22, 2008
10
✔
ORDINANCE
Consider approval of an ordinance approving the Settlement Agreement with Atmos Energy Corp., Mid-Tex Division
regarding the statement of intent to change gas rates within the corporate city limits of the City of Coppell; and
authorizing the Mayor to sign.
Based on the original filing by Atmos in September, 2007, Atmos was seeking a $52 million revenue rate increase. The
city of Coppell passed a resolution on October 9, 2007 suspending the Atmos rate increase request to allow the
coalition of cities an opportunity to review the filing and negotiate a possible settlement. The 151 city coalition has
reached a Settlement Agreement with Atmos reducing the original rate increase filing by 80% which will result in a $10
million increase in Atmos' revenues.
Staff recommends approval.
$AtmosGas-1AR
STAFF REPORT
The City, along with 150 other cities served by Atmos Energy Mid-Tex Division
("Atmos" or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC").
Since October, ACSC members have worked diligently with Atmos representatives to explore
options to address Atmos' latest request to increase rates by $52 million and to resolve other
outstanding issues. The ordinance and tariffs (Attachment B to the Ordinance) reflect the
agreement reached between ACSC and Atmos Mid-Tex to reduce Atmos' requested increase by
more than 80 percent and ensure that the Company is able to provide safe and reliable natural gas
service. The Settlement Agreement (Attachment A to the Ordinance) also provides rate certainty
for customers by resolving outstanding appeals, creates a new process for expedited rate review
by the cities, eliminates piecemeal ratemaking, reimburses ACSC for rate case expenses
associated with the GRIP surcharge cases, and avoids the necessity of costly litigation. The
ACSC Executive Committee recommends that ACSC members approve the Settlement
Agreement.
Purpose of the Ordinance:
The purpose of the Ordinance is to endorse the Settlement Agreement between ACSC
and Atmos regarding the Company's Statement of Intent to increase rates and to approve tariffs
that implement the terms of the Settlement Agreement.
Approval of the Ordinance will result in a $10 million increase in Atmos' revenues. This
is an 80 percent reduction of the $52 million increase requested by Atmos in its Statement of
Intent. In addition, the tariffs approved by the Ordinance will replace the current piecemeal
ratemaking GRIP surcharge system with an expedited rate review process that ensures that cities
can review all components of future Company rate change requests. The Settlement Agreement
also resolves all outstanding issues between ACSC and Atmos, including six appeals currently
pending in Texas courts.
Procedural History and Background on Atmos Rate Increases Since 2004:
On September 20, 2007, Atmos filed with the City the Company's Statement of Intent to
increase natural gas rates system-wide by approximately $52 million. The City suspended the
October 25th Effective Date to work with other ACSC members to analyze the schedules and
evidence offered by Atmos to support its request to increase rates. In order to facilitate approval
of this Ordinance and the attached tariffs, Atmos Mid-Tex has agreed to extend the deadline for
final city action until March 1, 2008.
Atmos' rate request represents the seventh increase in natural gas rates for customers in
the Atmos Mid-Tex service area since 2004. Four rate increases are the result of Gas Reliability
Infrastructure Program (GRIP) surcharges enacted pursuant to the Texas Utilities Code
§ 104.301. A primary complaint of cities around the state regarding GRIP filings is that it is
piecemeal ratemaking and only looks at changes in the utility's invested capital, rather than a
more comprehensive review of all components affecting rates charged. Cities thus far have been
unsuccessful in defeating GRIP at the Legislature and in court.
Atmos Rate Ordinance Staff Report 1
In addition to the four GRIP surcharges, base rates charged to customers served by
Atmos Mid-Tex have increased as the result of two system-wide cost of service rate filings since
2004. The Company's current request to increase base rates would be the third system-wide cost
of service increase for customers in Atmos Mid-Tex's service area since 2004.
In the most recent cost of service rate request, GUD No. 9670, the Railroad Commission
of Texas ("RRC" or "Commission") issued an order in March, 2007, approving new system-wide
rates for customers of Atmos Mid-Tex. Residential customers were impacted disproportionally
by the Commission's final order, with residential rates increasing by $10 million annually,
despite an overall system-wide rate increase of $5 million.
System-wide rates charged to residential customers in the Atmos Mid-Tex region were
also increased by several million dollars in 2004 in GUD No. 9400. In GUD Nos. 9400 and
9670, the hearings examiners that heard the testimony and evaluated the evidence recommended
that rates be reduced for customers. However, in both cases, the Railroad Commission reversed
key decisions of its own hearings examiners, ultimately issuing final orders that approved rate
increases instead of the recommended rate reductions.
Reasons Justifying Settlement:
During the time that the City has retained original jurisdiction in this case, consultants
working on behalf of ACSC members have investigated the support for the Company's requested
rate increase. While the evidence does not support the $52 million increase requested by the
Company, ACSC consultants agree that the Company can justify an increase in revenues of at
least $8 million and that there is a reasonably high probability that the RRC would award an
increase of at least $10 million.
A contested case proceeding before the RRC on the Company's current application will
take several months and cost ratepayers millions of dollars in rate case expenses and would not
likely produce a request more favorable than that to be produced by the settlement. The ACSC
Executive Committee recommends that ACSC members take action to approve the Settlement
Agreement. This Settlement Agreement achieves several desirable outcomes, including:
• Reverses rate design decisions that unfairly impact residential ratepayers
• Does away with piecemeal ratemaking problems inherent to the GRIP surcharge process
• Eliminates exposure to potential court reversal of the multi-million dollar Poly-1 Pipe
disallowance (Atmos' issue on appeal in Docket No. 9400)
• Avoids uncertainty and potential negative consequences of Railroad Commission rate
review (in the two most recent rate cases affecting Atmos Mid-Tex customers, the
Commission has reversed rate reductions recommended by its own hearings examiners in
favor of rate increases)
• Implements an expedited rate review process that includes the cities and allows review of
all aspects of Atmos' cost of service
Atmos Rate Ordinance Staff Report 2
• Requires Atmos to reimburse ACSC for more than $500,000 paid to litigate GRIP
surcharge cases
• Protects ACSC members and their citizens from the remote possibility that a litigated
outcome or settlement with other parties produces a result more favorable than the
ordinance passed by ACSC members by including a Most Favored Nations provision in
the Settlement Agreement.
Explanation of "Be It Ordained" Paragraphs:
1. This paragraph approves all findings in the ordinance.
2. This section adopts the Settlement Agreement in all respects and finds it to be
just, reasonable and in the public interest.
3. This section adopts the attached Tariffs in all respects and finds the rates set
pursuant to the attached Tariffs to be just, reasonable and in the public interest. Note that only
new tariffs or existing tariffs that are being revised are attached to the Ordinance. Existing tariffs
that are not being changed in any way are not attached to the Ordinance.
4. This section repeals any resolution or ordinance that is inconsistent with this
Ordinance.
5. This section finds that the meeting was conducted in compliance with the Texas
Open Meetings Act, Texas Government Code, Chapter 551.
6. This section is a savings clause, which provides that if any section(s) is later
found to be unconstitutional or invalid, that finding shall not affect, impair or invalidate the
remaining provisions of this Ordinance. This section further directs that the remaining
provisions of the Ordinance are to be interpreted as if the offending section or clause never
existed.
7. This section is a "Most Favored Nations" clause, which protects the City by
mandating that if a Final Order or subsequent settlement agreement approved in any proceeding
addressing the issues raised in Atmos' Statement of Intent filing result in rates, revenues, terms
and conditions, or benefits that would be more beneficial to the ACSC Cities than the terms of
this Settlement Agreement, the City may, at its option, implement and benefit from such more
favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the ACSC
Cities. However, the section makes it clear that application of the Most Favored Nations
provision does not affect the approval of the Rider RRM, Rider CEE, Rider GCR and the Rider
WNA, which shall continue according to their terms.
8. This section provides for an effective date upon passage.
Atmos Rate Ordinance Staff Report 3
9. This paragraph directs that a copy of the signed resolution be sent to a
representative of the Company and legal counsel for ACSC.
Atmos Rate Ordinance Staff Report 4
816 Congress Avenue, Suite 1900
Austin, Texas 78701
Telephone: (512) 322-5800
Facsimile: (512) 472-0532
www.lglawfirm.com
Ms. Doyle’s Direct Line: (512) 322-5820
Email: kdoyle@lglawfirm.com
M E M O R A N D U M
TO: Atmos City Steering Committee (ACSC) Members
FROM: Geoffrey Gay
Kristen Doyle
Georgia Crump
DATE: January 10, 2008
RE: FINAL ACTION BY MARCH 1ST – Atmos Rate Case Settlement
The ACSC Settlement Committee (Jay Doegey – Arlington, Danny Reed – Fort Worth, Mark
Israelson – Plano, Don Wilson – Eastland, Doreen McGookey – Sherman, Tom Akins – Denison,
Cathy Cunningham – various ACSC cities), with the advice and input of consultants and lawyers
retained by ACSC, has worked since October to explore options to resolve the Company's pending
$52 million rate increase request without the necessity of a protracted and costly contested case
proceeding.
The attached Settlement Agreement is a result of their efforts. It reduces Atmos' rate increase
by more than 80 percent, resolves several outstanding issues on appeal, requires reimbursement of
more than $500,000 expended by ACSC to litigate GRIP cases, and eliminates the piecemeal
ratemaking GRIP process in favor of an expedited rate review process controlled by cities. The
ACSC Executive Committee recommends approval of the settlement agreement because it
provides rate certainty, represents an outcome that is equal to or better than the outcome expected
from a lengthy contested case proceeding, and maintains cities' role as a regulator of natural gas
rates.
Please schedule consideration of the ordinance for your next available council meeting.
Final council action to approve the ordinance must take place by March 1st. To assist you,
several documents are attached:
• An ordinance setting new rates. The approved Ordinance must include the
Settlement Agreement ("Attachment A" to the Ordinance) and Tariffs ("Attachment
B" to the Ordinance.)
• A model staff report
• A detailed explanation of key provisions of the settlement agreement
• A list of ACSC members
Please contact Kristen (512/322-5820, kdoyle@lglawfirm.com) immediately if your city is
unable to meet the March 1st deadline for final action. Once final action has been taken by your city,
please forward a copy of the ordinance to Atmos Mid-Tex and to our paralegal, Barbara Kimmell
(fax number: 512/472-0532.)
ACSC Cities
(151 Total)
Abilene
Addison
Allen
Alvarado
Angus
Anna
Argyle
Arlington
Bedford
Bellmead
Benbrook
Beverly Hills
Blue Ridge
Bowie
Boyd
Bridgeport
Brownwood
Buffalo
Burkburnett
Burleson
Caddo Mills
Carrollton
Cedar Hill
Celeste
Celina
Cisco
Cleburne
Clyde
College Station
Colleyville
Colorado City
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1
ORDINANCE NO. ______________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS, ("CITY") APPROVING A
SETTLEMENT AGREEMENT BETWEEN THE ATMOS
CITIES STEERING COMMITTEE AND ATMOS ENERGY
CORP., MID-TEX DIVISION ("ATMOS MID-TEX" OR
"THE COMPANY") REGARDING THE COMPANY'S
STATEMENT OF INTENT TO CHANGE GAS RATES IN
ALL CITIES EXERCISING ORIGINAL JURISDICTION;
DECLARING EXISTING RATES TO BE
UNREASONABLE; ADOPTING TARIFFS THAT REFLECT
RATE ADJUSTMENTS CONSISTENT WITH THE
SETTLEMENT AGREEMENT AND FINDING THE RATES
TO BE SET BY THE ATTACHED TARIFFS TO BE JUST
AND REASONABLE; ADOPTING A SAVINGS CLAUSE;
DETERMINING THAT THIS ORDINANCE WAS PASSED
IN ACCORDANCE WITH THE REQUIREMENTS OF THE
TEXAS OPEN MEETINGS ACT; DECLARING AN
EFFECTIVE DATE; AND REQUIRING DELIVERY OF
THIS ORDINANCE TO THE COMPANY AND LEGAL
COUNSEL.
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, on or about September 20, 2007, Atmos Mid-Tex, pursuant to Gas Utility
Regulatory Act § 104.102 filed with the City a Statement of Intent to increase system-wide gas
rates by approximately $52 million, such increase to be effective in all municipalities exercising
original jurisdiction within its Mid-Tex Division service area effective on October 25, 2007; and
WHEREAS, the City took action to suspend the October 25, 2007 Effective Date and to
coordinate a response to Atmos' filing with more than 150 other similarly situated municipalities
through the Atmos Cities Steering Committee ("ACSC") (such participating cities are referred to
herein as "ACSC Cities"); and
WHEREAS, Atmos has agreed to extend the October 25, 2007, Effective Date such that
the City's jurisdiction over this matter ends March 1, 2008; and
WHEREAS, the Railroad Commission of Texas ("RRC" or the "Commission") in GUD
No. 9670, issued an Order approving new system-wide rates for customers of Atmos Energy's
Mid-Tex Division in March 2007, which increased residential base rates by approximately $10
million annually; and
WHEREAS, ACSC and Atmos have each appealed the RRC's decision in Atmos' most
recent system-wide rate increase as well as the decision rendered in GUD No. 9400 to the Travis
County District Court; and
2
WHEREAS, Atmos and ACSC have been in continuing disagreement, dispute, and
litigation over the application of Section 104.301 of the Texas Utilities Code and the resulting
rate increases ("GRIP surcharges") established by the RRC; and
WHEREAS, Atmos filed its application for its fourth GRIP surcharge in four years on
May 31, 2007, seeking to increase the rates of all customers by approximately $12 million
annually; and
WHEREAS, the ACSC Cities desire to avoid the litigation expense that would result
from another lengthy contested rate case proceeding before the RRC as well as the prosecution
of the appeals in various courts of the GRIP surcharges and the two previous system-wide rate
decisions; and
WHEREAS, ACSC desires to recoup certain costs it previously incurred in connection
with GRIP-related proceedings (costs which Atmos contends are not reimbursable rate case
expenses under the Texas Utilities Code), as well as costs incurred in connection with this
proceeding; and
WHEREAS, on October 18, 2007, more than 60 ACSC members met in Arlington with
officers and executives of Atmos to discuss various issues, including rate making, resulting in a
mutual pledge to work toward settlement; and
WHEREAS, ACSC members designated a Settlement Committee made up of ACSC
representatives to work with ACSC attorneys and consultants to formulate and review reasonable
settlement positions to resolve outstanding matters with Atmos, including the pending rate
increase request; and
WHEREAS, the Settlement Committee and lawyers representing ACSC met several
times with the Company to negotiate a Settlement Agreement resolving the issues raised in the
Company's Statement of Intent filing as well as all outstanding appeals of the two prior rate cases
and various GRIP filings; and
WHEREAS, the Settlement Committee, as well as ACSC lawyers and consultants believe
existing rates are unreasonable and should be changed; and
WHEREAS, the ACSC Executive Committee recommends ACSC members approve the
negotiated Settlement Agreement and attached tariffs; and
WHEREAS, the attached tariffs provide for an expedited rate review process as a
substitute to the current GRIP process instituted by the Legislature; and
WHEREAS, the expedited rate review process as provided by the Rate Review
Mechanism Tariff eliminates piecemeal ratemaking, the ACSC's major objection to the current
GRIP process; and
WHEREAS, the attached tariffs implementing new rates are consistent with the
Settlement Agreement and are just, reasonable, and in the public interest; and
3
WHEREAS, it is the intention of the parties that ACSC Cities receive the benefit of any
Settlement Agreement that Atmos enters into with other entities arising out of its Statement of
Intent or any associated appeals of a decision entered by the Railroad Commission regarding the
Company's request to increase rates; and
WHEREAS, the Settlement Agreement as a whole is in the public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
Section 1. That the findings set forth in this Ordinance are hereby in all things approved.
Section 2. That the City Council finds that the Settlement Agreement, which is attached
hereto and incorporated herein as Attachment A, is in the public interest and is hereby
endorsed in all respects.
Section 3. That existing rates for natural gas service provided by Atmos Mid-Tex are
unreasonable and new tariffs, which are attached hereto and incorporated herein as
Attachment B, are just and reasonable and are hereby adopted.
Section 4. That to the extent any resolution or ordinance previously adopted by the
Council is inconsistent with this Ordinance, it is hereby repealed.
Section 5. That the meeting at which this Ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
Section 6. That if any one or more sections or clauses of this Ordinance is adjudged to be
unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining
provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted
as if the offending section or clause never existed.
Section 7. That if ACSC Cities determine any rates, revenues, terms and conditions, or
benefits resulting from a Final Order or subsequent Settlement Agreement approved in any
proceeding addressing the issues raised in Atmos' Statement of Intent would be more beneficial
4
to the ACSC Cities than the terms of the attached Settlement Agreement, then the more favorable
rates, revenues, terms and conditions, or benefits shall additionally accrue to the ACSC Cities.
However, approval of the attached Rider RRM, Rider CEE, Rider GCR and the Rider WNA
shall not be affected by the application of the provisions contained in this section, it being the
understanding and the intent of the parties hereto that such tariffs shall continue according to
their terms.
Section 8. That this Ordinance shall become effective from and after its passage with
rates authorized by attached Tariffs to be effective for customer bills delivered on or after March
1, 2008.
Section 9. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Joe T.
Christian, Director of Rates, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800,
Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink
Blevins Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725.
PASSED AND APPROVED this __________ day of ___________________, 2008.
_________________________________
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:
ȱ
Engineering
January 22, 2008
11
✔
CONTRACT/BID or PROPOSAL
Consider approval of an Engineering Services contract amendment in the amount of $147,600 for a contract
approved on December 12, 2000 with Teague Nall & Perkins, Inc.; for additional services related to the design of
improvements to West Sandy Lake Road from Coppell Road to Denton Tap Road; and authorizing the City Manager
to sign.
This amendment to the existing contract will compensate Teague Nall and Perkins, Inc. for the additional time and
expense associated with splitting the remaining phase of West Sandy Lake improvements into two separate phases.
Funds are available in the Street CIP accounts for this contract.
Staff recommends approval of the contract amendment.
#Contract Amendment for TNP
MEMORANDUM
TO: Mayor and City Council
FROM: Keith R. Marvin, P.E., Project Engineer
DATE: January 22, 2008
REF: Consider approval of an Engineering Services contract amendment in the
amount of $147,600 to a contract approved on December 12, 2000 with Teague
Nall & Perkins, Inc.; for additional services related to the design of
improvements to West Sandy Lake Road from Coppell Road North to Denton
Tap Road; and authorizing the City Manager to sign.
On December 12, 2000 City Council approved a contract with Teague Nall & Perkins, Inc. for the
design of West Sandy Lake Road (from Denton Tap to S.H. 121). It was anticipated at the original
award, that the project would be split into two phases. It was also originally anticipated that the first
phase would begin during the 2003/04 budget year and that the second phase would begin during the
2005/06 budget year. Phase I (SH 121 to Coppell Road North) was completed in June 2007. What
was to be the remaining phase II has now been split into a Phase II (Coppell Road North to Coppell
Road South) and Phase III (Coppell Road South to Denton Tap)
In 2005 Phase II of West Sandy Lake Road was approved for federal funding through the
Transportation Equity Act for the 21st Century. On February 28, 2006 the city of Coppell entered
into an agreement with the State of Texas through the Texas Department of Transportation that
identifies how the federally-funded portion of this project will be operated. The federal funding was
in the amount of $800,000. It is anticipated that the City will reap some benefit from the federal
funding, but it will be less than $800,000. The TxDOT portion, the cost to redesign to federal
standards, and the increased cost to construct to federal standards will obligate a large portion of the
funding.
This contract amendment will compensate the design engineer for the additional time and expense
associated with splitting the original Phase II into two separate phases, and the effort necessary to
comply with the additional requirements of the TxDOT agreement. Teague Nall & Perkins, Inc. was
at the 50% design level for the remaining section of West Sandy Lake Road when we entered the
agreement with TxDOT. As a result of the agreement, they will be required to split their plans at
South Coppell Road. They can proceed with the design from Coppell Road South to Denton Tap,
but they will need to go back and produce a TxDOT schematic for review and approval.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
These changes, coupled with the increase in time required to gain TxDOT approval at the various
stages of design, have resulted in a request for $147,600 in additional compensation. The original
design contract for the entire project (SH 121 to Denton Tap) was $1,005,600. In October 2004 the
city executed a contract amendment in the amount of $141,820. If this amendment is approved the
total engineering cost will become $1,295,020. Final construction cost on the completed Phase I
(from SH 121 to Coppell Road North) was $4,003,973. Estimated construction cost on Phase II is
$3,700,000, and the Phase III estimated cost is $5,100,000. The city anticipates construction
beginning on Phase II by the end of 2009, and Phase III by summer of 2009.
Staff recommends approval of the amendment to the contract with Teague Nall & Perkins, Inc.
in the amount of $147,600. Staff will be available to answer any questions at the Council
meeting.
RtJipulI S VU S V LtJ RtJli l1ltJ Rtn ults
i1i TEAGUE NALL AND PERKINS
Civil Engineering Swvey ng Landscape Architecture Planning
December 13 2007
Kenneth M Griffin P E
Director of Public Works and Engineering
City of Coppell
255 Parkway
P O Box 478
Coppell Texas 75019
RE WEST SANDY LAKE ROAD
PROJECT ST 9902
TNP Project No CPL00243
Dear Ken
Per our discussions with Keith Marvin we have prepared the attached amendment to our
engineering services contract for the West Sandy Lake Road project The amendment covers
additional expenses and lime associated with completing the projecl using rederal runding
received through the Texas Department of Transportation
As you know TxDOT funded projects not only necessitate a greater amount of coordination with
varying entities but also requires additional effort related to the project management
procedures submittal reviews design standards construction plan preparation and project
time We appreciate your understanding of these issues and your willingness to accept our
amendment so that we may proceed with completing the rest of the project As identified in the
amendment the project will be divided into two phases to maintain separation of the TxDOT
funded portion of the project from the City funded portion
You will find enclosed a Modification to the SeoDe of Services for the referenced project in
accordance with the applicable provisions of the Consulting Engineers Contract Thank you for
the opportunily to be of service lo the City of Cappell and we look forward to moving forward on
this important project
Sincerely
TEAGUE NALL AND PERKINS INC
fL t1
xc Keith Marvin P E
Matt Atkins P E
Fort Wor h DII Denton Shurmiln
12160 North Abrams Road SUIte 508 Dallas Texas 75243 214 461 9867 phone 214 461 9864 fax
www rnpcnfine com
1 INCH = FT.
0 600
600
300
TxDOT / Coppell Project
Limits, Sandy Lake Road
Project ST99-02B
Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\ST99-02 FEDERAL_CITY
Created on: 10 January 2008 by Scott Latta
NORTH COPPELL
ROAD TO SOUTH
COPPELL ROAD
SOUTH COPPELL
ROAD TO DENTON
TAP ROAD
CITY OF COPPELL
Consulting Engineer s Contract
Modification to the SCODe of Servlgg
I Scope of Work
TNP shall provide the following services as required to accommodate the use of federal
funding received from the Texas Department of Transportation by the City of CoppeR for a
portion of the West 5andy Lake Road project
a Additional meetings and correspondence with TxDOT representatives
b PreparatiOn of Design Summary Report and related followup correspondence
c Preparation of schematic per TxDOT standards and associated resulting modifications
d Coordination with TxOOT s environmental assessment consultant
e Bridge design checklists and scour analysis
f Preparation of pavement design report
g Additional standards sheets in plan set including traffic control bridge standards
signageJsbiping and details
h Plan modifications per DSRlschematic reviews by TxOOT
i Limited survey for updated boundary analysis ROW assessments and development
j Separation of plans bid documents and administrative efforts into two projects Phase 2
TxOOT funded and Phase 3 City funded
k Extension of time frame for all contractual elements through 2009
II Project Schedule
The schedule will generally proceed as two separate projects as described b8low
Phase 2 TxDOT Funded Cappel I Road North to just west of Coppell Road South
Preliminary Schematic
Finalize SChematic and ROW Docs
Concept Design Plans
Preliminary Design Plans
Final Design Plans
February 2008
March April 2008
August 2008
January 2009
June 2009
Phase 3 City Funded Just west of Coppell Road South to Denton Tap Road
Finalize Alignment and ROW Docs
Preliminary Design Plans
Final Design Plans
March April 2008
June 2008
September 2008
III Compensation
The Engineer shaH be paid an additional lump sum fee for the above described Additional
Scope of Services in an amount of One Hundred and Forty seven Thousand Six Hundred
and n0 100 Dollars 147 600 This amount includes the following increases
Engineering Design Construction Services
Design Surveys
Property SUrveys ROW Esmt Documents
CLOMR
LOMR
Sedion 404 Permit ADDIication
TOTAL
135 000
2 500
5 000
1 700
1 700
1 700
147 600
AGREED
THE CITY OF COPPELL
By
Date
F
Attest
Page 2
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
Engineering
January 22, 2008
12
✔
CONTRACT/BID or PROPOSAL
Consider approval of an Engineering Services Contract with Halff Associates, Inc. to provide professional engineering
and design services for the Southwestern Boulevard Infrastructure Improvements (from Coppell Road South to east of
Grapevine Creek), Project #ST 07-01; for a total fee of $165,000.00; as provided for in CIP funds; and authorizing the
City Manager to sign.
This item is to award a design contract to Halff Associates, Inc. for the design of improvements to Southwestern
Boulevard from South Coppell Road to east of Grapevine Creek. Approval will allow Southwestern Boulevard to be
designed as one project from Denton Tap to South Coppell Road.
Funds for this project have been allocated in the Street CIP accounts.
Staff recommends approval of the design contract with Halff
Associates.
#Southwestern Blvd Design Contract
MEMORANDUM
TO: Mayor and City Council
FROM: Keith R. Marvin, P.E., Project Engineer
DATE: January 22, 2008
REF: Consider approval of an Engineering Services Contract with Halff
Associates, Inc. to provide professional engineering and design services for
the Southwestern Boulevard Infrastructure Improvements (from South
Coppell Road to east of Grapevine Creek), Project #ST 07-01; for a total fee
of $165,000.00; as provided for in CIP funds; and authorizing the City
Manager to sign.
This agenda item is to award a design contract to Halff Associates, Inc. for the design of
improvements to Southwestern Boulevard from South Coppell Road to east of Grapevine Creek.
Halff Associates is currently under contract with PAC Trust to design Southwestern Boulevard
from east of Grapevine Creek to its intersection with Belt Line Road.
It is our opinion that utilizing the same engineer for this portion of the road as PAC Trust is
using on their portion will make for a smoother transition and provide a better overall project
than if we hired a different firm to design this section. After the design is complete, there may
be an opportunity to jointly award both sections of this roadway to one contractor to make for a
smoother overall construction project.
Halff Associates is a reputable engineering firm, and the proposed project manager is familiar
with City of Coppell standards and design criteria. We are confident that this firm will be able to
complete the design in an efficient and timely manner.
Southwestern Boulevard will be reconstructed from the current two lane asphalt roadway to a
concrete four lane roadway with improved drainage. There will be upgrades to the existing
water and sewer services, and the bridge over Grapevine Creek will be reconstructed as part of
this project as well.
Staff recommends approval of entering into a contract with Halff Associates, Inc. in the amount
of $165,000.00 for the design of improvements to Southwestern Boulevard from South Coppell
Road to east of Grapevine Creek.
Staff will be available to answer questions at the Council meeting.
1 INCH = FT.
0 200
200
100
Proposed Improvements
Southwestern Blvd Re-Construction
City of Coppell Project ST07-01
Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\ST07-01
Created on: 23 May 2007 by Scott Latta
AREA OF PROPOSED
IMPROVEMENTS
CITY OF COPPELL
CONSULTING ENGINEERS CONTRACT
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS §
CITY OF COPPELL §
THIS ENGINEERING SERVICES CONTRACT, hereinafter referred to
as "Contract," made, entered into and executed this the _______day of ______________,
2008, by and between the City of Coppell acting by and through the City Manager with
approval of the City Council hereinafter referred to as "City" and Halff Associates, Inc.,
hereinafter referred to as "Engineer".
WITNESSETH
WHEREAS, the City desires to contract for Professional Engineering Services,
hereinafter referred to as "Services", in connection with the Southwestern Boulevard
Improvements (Coppell Road South to Grapevine Creek Bridge) Project #ST 07-01,
hereinafter referred to as the "Project"; and
WHEREAS, the Engineer is acceptable to the City and is willing to enter into a
Contract with the City to perform the hereinafter defined Services necessary to complete
the Project; and
WHEREAS, said Services shall be as defined herein and in the detailed Basic
Services, Attachment A, and Special Services, Attachment B, incorporated herein by
attachment and by reference; and
WHEREAS, this contract shall be administered on behalf of the City by its City
Engineer or his duly authorized representative. The Engineer shall fully comply with
any and all instructions from said City Engineer.
AGREEMENT
NOW, THEREFORE, the City and the Engineer, in consideration of the mutual
covenants and agreements herein contained, do mutually agree as follows:
The City agrees to retain the Engineer, and the Engineer agrees to provide Services in
connection with the Project as defined herein, and for having rendered such Services the
City agrees to pay to the Engineer fee for these Services as mutually agreed. All Services
under this Contract shall be performed under the direct supervision of the City Engineer.
1. Scope of Services,
A. Basic Services Parts I & II: The work tasks and activities to be performed
and deliverable to be provided by the Engineer shall be in accordance with
Attachment A, Scope of Services, including modifications to the Basic
Services as mutually agreed to by the City and the Engineer in accordance
with the provisions of this Contract.
B. Additional Services Not Included In Basic Services: When mutually
agreed to in writing by the City and the Engineer, the Additional Services
shall be provided by the Engineer. These Additional Services are not
included as a part of Basic Services and shall be paid for by the City in
addition to payment for Basic Services. Should it be determined that one or
more of the requirements of this Contract conflict with the requirements of
the Scope of Services, including modifications to the Scope of Services or
any attachments to this contract; the requirement of the Contract shall
govern.
2. Progress Schedule. Within ten (10) days after receiving Notice to Proceed (NTP)
the Engineer shall submit to the City a Schedule of Services consisting of a listing
of the major Project tasks, the estimated consultant hours required to perform the
tasks, the percentage of the Contract budget estimated to be allocated to each task
and a bar chart schedule showing task beginning and completion dates. Significant
milestones for the Project shall be identified. At a minimum, milestones shall be
provided for the three design submittals described in Attachment A, Scope of
Services: Conceptual Design Submittal, Preliminary Design Submittal, and Final
Plans, Specifications, and Estimate (PS&E) Submittal. Based on Schedule of
Services, the City shall compile Attachment D, Project Schedule which shall
become a part of this Contract upon approval of the Engineer and the City. The
Engineer shall provide to the City information to report and monitor the design
tasks within the Project Schedule by completing a "Design Progress Report" on a
form provided by the City. The Engineer shall complete and provide to the City
said report at monthly intervals.
3. Compensation.
A. Basic Services Part I Fee: The Engineer shall be paid a fee for Basic
Services Part I under this Contract pursuant to the Fee Schedule described
in Attachment B, Fee Schedule. Basic Services Part I Fee shall not exceed
the lump sum of Ninety-Two Thousand, Five Hundred dollars
($92,500.00) provided, however, that modifications to the Basic Services
Part I, or other conditions defined herein may necessitate a change of Fee
which shall be reduced to writing and approved by the City or its designee.
B. Basic Services Part II Fee: The Engineer shall be paid a fee under this
Contract for Basic Services Part II pursuant to the Fee Schedule described
in Attachment B, Fee Schedule. Basic Services Part II Fee shall not exceed
the lump sum of Seventy –Two Thousand, Five Hundred dollars
($72,500.00) provided, however, that modifications to the Basic Services
Part II, or other conditions defined herein may necessitate a change of
Basic Fee which shall be reduced to writing and approved by the City or
its designee.
C. Total Maximum Fee: Total Maximum Fee for this Contract shall be a lump
sum of One Hundred Sixty-Five Thousand dollars ($165,000.00): The
lump sum Basic Services Part I Fee plus the lump sum Basic Services Part
II Fee.
D. Invoices: The Engineer shall submit invoices at not less than thirty (30)
calendar days for Basic Services Part I and/or Basic Services Part II on or
before the twenty fifth (25th) calendar day of the month, or the preceding
business day if the twenty fifth occurs on a weekend and/or observed
holiday. Payment shall be based on the invoices submitted to the City,
provided that Services completed as indicated in the Design Progress
Reports approved by the City equals or exceeds the increment percentage
requested on the Engineer's invoices. Engineer's invoices to City shall
provide complete information and documentation to substantiate
Engineer's charges and shall be in a form to be specified by the City
Engineer. Should additional documentation be requested by the City
Engineer, the Engineer shall comply promptly with such request.
E. Payments: All payments to Engineer shall be made on the basis of the invoices
submitted by the Engineer and approved by the City. Following approval of
invoices, City shall endeavor to pay Engineer promptly; however, under no
circumstances shall Engineer be entitled to receive interest on amounts due. The
City, in compliance with Texas State law, shall process a maximum of one
payment to the Engineer per month. City reserves the right to correct any error
that may be discovered in any invoice whether paid to the Engineer or not, and to
withhold the funds requested by the Engineer relative to the error.
4. Fee Increases. Any other provision in this Contract notwithstanding, it is
specifically understood and agreed that the Engineer shall not be authorized to
undertake any Services pursuant to this Contract requiring the payment of any fee,
expense or reimbursement in addition to the fees stipulated in Article 3 of this
Contract, without having first obtained specific written authorization from the
City. The written authorization for additional Services shall be in the form of a
Modification to the Scope of Services approved by the City Engineer and/or the
City Council, if required. Fee increases will be based on an agreed upon
budget to be billed based on the Hourly Rate Schedule included in Attachment
“B”.
5. Modifications to the Scope of Services. Either the Engineer or the City
Engineer may initiate a written request for a Modification to the Scope of Services
when in the opinion of the requesting Party, the needs and conditions of the Project
warrant a modification. Upon the receipt of a request by either Party, the
Engineer and the City Engineer shall review the conditions associated with the
request and determine the necessity of a modification. When the Parties agree that
a modification is warranted, the Engineer and the City Engineer shall negotiate
the specific modification(s) and any changes in the Total Maximum Fee or Project
Schedule resulting from the modification(s). Approval of a modification shall be
in the form of a written Modification to the Scope of Services which clearly
defines the changes to the previously approved Scope of Services, Fee and/or
Project Schedule. Said written Modification shall be approved by Engineer,
authorized by the City Council, if required, and issued by the City Engineer.
Issuance of the approved Scope of Services modification shall constitute a notice to
proceed with the Project in accordance with the modified Scope of Services. The
City Engineer may issue written Modifications to the Scope of Services without
prior approval of the City Council when the modifications are to be accomplished
within the authorized Total Maximum Fee and do not materially or substantively
alter the overall scope of the Project, the Project Schedule or the Services provided
by the Engineer.
6. Project Deliverables. For each submittal identified in Attachment A, Scope of
Services, the Engineer shall provide the City with one set of reproducibles, one
set of bluelines or hard copy and electronic media of the submittal documents. For
any required environmental assessment, the Engineer shall provide one set of draft
and one set of final Environmental Reports. The Environmental Reports shall be
submitted as original reproducibles and on electronic media. The electronic file
may omit photographs and government prepared maps. If photographs are
included in the report they shall be taken with a 35 mm camera or larger format
camera. Color laser copies may be substituted for the original photographs in the
final report.
A transmittal letter shall be included with the Environmental Reports and shall
include an executive summary outlining: a.) Findings of the Reports; b.)
Conclusions; c.) Recommendations; and d.) Mitigation/remediation cost
estimates.
7. Project Control. It is understood and agreed that all Services shall be performed
under the administrative direction of the City Engineer. No Services shall be
performed under this Contract until a written Notice to Proceed is issued to the
Engineer by the City Engineer. In addition, the Engineer shall not proceed with
any Services after the completion and delivery to the City of the Conceptual
Design Submittal, Preliminary Design Submittal, or the Final PS&E Submittal as
described in the Basic Services without written instruction from the City. The
Engineer shall not be compensated for any Services performed after the said
submittals and before receipt of City's written instruction to proceed.
8. Partnering. The City shall encourage participation in a partnering process that
involves the City, Engineer and his or her sub-consultants, and other supporting
jurisdictions and/or agencies. This partnering relationship shall begin at the Pre-
Design Meeting and continue for the duration of this Contract. By engaging in
partnering, the parties do not intend to create a legal partnership, to create
additional contractual relationships, or to in any way alter the legal relationship
which otherwise exists between the City and the Engineer. The partnering effort
shall be structured to draw on the strengths of each organization to identify and
achieve reciprocal goals. The objectives of partnering are effective and efficient
contract performance and completion of the Project within budget, on schedule, in
accordance with the Scope of Services, and without litigation. Participation in
partnering shall be totally voluntary and all participants shall have equal status.
9. Disputes. The City Engineer shall act as referee in all disputes under the terms of
this Contract between the Parties hereto. In the event the City Engineer and the
Engineer are unable to reach acceptable resolution of disputes concerning the
Scope of Services to be performed under this Contract, the City and the Engineer
shall negotiate in good faith toward resolving such disputes. The City Engineer
may present unresolved disputes arising under the terms of this Contract to the
City Manager or designee. The decision of the City Manager or designee shall be
final and binding. An irreconcilable or unresolved dispute shall be considered a
violation or breach of contract terms by the Engineer and shall be grounds for
termination. Any increased cost incurred by the City arising from such termination
shall be paid by the Engineer.
10. Engineer's Seal. The Engineer shall place his Texas Professional Engineers seal
on all engineering documents and engineering data prepared under the supervision
of the Engineer in the performance of this Contract.
11. Liability. Approval of the Plans, Specifications, and Estimate (PS&E) by the City
shall not constitute nor be deemed a release of the responsibility and liability of
Engineer, its employees, subcontractors, agents and consultants for the accuracy
and competency of their designs, working drawings, tracings, magnetic media
and/or computer disks, estimates, specifications, investigations, studies or other
documents and work; nor shall such approval be deemed to be an assumption of
such responsibility by the City for any defect, error or omission in the design,
working drawings, tracings, magnetic media and/or computer disks, estimates
specifications, investigations, studies or other documents prepared by Engineer,
its employees, subcontractors, agents and consultants. Engineer shall indemnify
City for damages resulting from such defects, errors or omissions and shall secure,
pay for and maintain in force during the term of this Contract sufficient errors and
omissions insurance in the amount of $250,000.00 single limit, with certificates
evidencing such coverage to be provided to the City. The redesign of any
defective work shall be the sole responsibility and expense of the Engineer. Any
work constructed, found to be in error because of the Engineer's design, shall be
removed, replaced, corrected or otherwise resolved at the sole responsibility and
expense of the Engineer. The parties further agree that this liability provision shall
meet the requirements of the express negligence rule adopted by the Texas
Supreme Court and hereby specifically agree that this provision is conspicuous.
12. Indemnification. Engineer shall indemnify, hold harmless and defend the City of
Coppell, its officers, agents and employees from any loss, damage, liability or
expense, including attorney fees, on account of damage to property and injuries,
including death, to all persons, including employees of Engineer or any associate
consultant, which may arise from the negligent acts, errors or omissions of
Engineer, its employees, agents, consultants or subcontractors, in performance of
this Contract, or any breach of any obligation under this Contract. It is further
understood that it is not the intention of the parties hereto to create liability for the
benefit of third parties, but that this agreement shall be solely for the benefit of the
parties hereto and shall not create or grant any rights, contractual or otherwise to
any person or entity. The parties further agree that this indemnification provision
shall meet the requirements of the express negligence rule adopted by the Texas
Supreme Court and hereby specifically agree that this provision is conspicuous.
13. Delays and Failure to Perform. Engineer understands and agrees that time is of
the essence and that any failure of the Engineer to complete the Services of this
Contract within the agreed Project Schedule shall constitute material breach of this
Contract. The Engineer shall be fully responsible for its delays or for failures to
use diligent effort in accordance with the terms of this Contract. Where damage is
caused to the City due to the Engineer's failure to perform in these circumstances,
the City may withhold, to the extent of such damage, Engineer's payments
hereunder without waiver of any of City's additional legal rights or remedies. The
Engineer shall not be responsible for delays associated with review periods by the
City in excess of the agreed Project Schedule.
14. Termination of Contract. It is agreed that the City or the Engineer may cancel
or terminate this Contract for convenience upon fifteen (15) days written notice to
the other. Immediately upon receipt of notice of such cancellation from either party
to the other, all Services being performed under this Contract shall immediately
cease. Pending final determination at the end of such fifteen-day period, the
Engineer shall be compensated on the basis of the percentage of Services provided
prior to the receipt of notice of such termination and indicated in the final Design
Progress Report submitted by the Engineer and approved by the City.
15. Personnel Qualifications. Engineer warrants to the City that all Services
provided by Engineer in the performance of this Contract shall be provided by
personnel who are appropriately licensed or certified as required by law, and who
are competent and qualified in their respective trades or professions.
16. Quality Control. The Engineer agrees to maintain written quality control
procedures. The Engineer further agrees to follow those procedures to the extent
that, in the Engineer's judgment, the procedures are appropriate under the
circumstances.
17. Ownership. Upon completion of the professional services that are the subject of
this Agreement and receipt of payment in full Engineer agrees to provide City
with the instruments representing Engineer's designs and work product under this
Contract, including but not limited to tracings, drawings, electronic or magnetic
media and/or computer disks, estimates, specifications, investigations, studies and
other documents which may be used by the City as City desires, without
restriction; and City agrees that it will indemnify, defend and hold harmless
Engineer from any and all claims, suits, demands, allegations and liability, to the
fullest extent permitted by law, connected in any way with use or future use by
City outside the terms of this Contract . Copies may be retained by Engineer and
City. Engineer shall be liable to City for any loss or damage to such documents
while they are in the possession of or while being worked upon by the Engineer or
anyone connected with the Engineer, including agents, employees, consultants or
subcontractors. All documents so lost or damaged while they are in the possession
of or while being worked upon by the Engineer shall be replaced or restored by
Engineer without cost to the City.
18. Project Records and Right to Audit. The Engineer shall keep, retain and
safeguard all records relating to this Contract or work performed hereunder for a
minimum period of three (3) years following the Project completion, with full
access allowed to authorized representatives of the City upon request for purposes
of evaluating compliance with provisions of this Contract. Should the City
Engineer determine it necessary, Engineer shall make all its records and books
related to this Contract available to City for inspection and auditing purposes.
19. Non-Discrimination. As a condition of this Contract, the Engineer shall take all
necessary action to ensure that, in connection with any work under this Contract it
shall not discriminate in the treatment or employment of any individual or groups
of individuals on the grounds of race, color, religion, national origin, age, sex or
physical impairment unrelated to experience, qualifications or job performance,
either directly, indirectly or through contractual or other arrangements.
20. Gratuities. City of Coppell policy mandates that employees shall never, under
any circumstances, seek or accept, directly or indirectly from any individual doing
or seeking to do business with the City of Coppell, loans, services, payments,
entertainment, trips, money in any amount, or gifts of any kind.
21. No Waiver. No action or failure to act on the part of either Party at any time to
exercise any rights or remedies pursuant to this Contract shall be a waiver on the
part of that Party of any of its rights or remedies at law or contract.
22. Compliance with Laws. The Engineer shall comply with all Federal, State and
local laws, statutes, City Ordinances, rules and regulations, and the orders and
decrees of any courts, or administrative bodies or tribunal in any matter affecting
the performance of this Contract, including without limitation, worker's
compensation laws, minimum and maximum salary and wage statutes and
regulations, and licensing laws and regulations. When required, Engineer shall
furnish the City with satisfactory proof of compliance therewith.
23. Severability. In case one or more of the provisions contained in this Contract
shall for any reason be held invalid, illegal, or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provisions hereof
and this Contract shall be construed as if such invalid, illegal or unenforceable
provision had never been contained herein.
24. Venue. With respect to any and all litigation or claims, the laws of the State of
Texas shall apply and venue shall reside in Dallas County.
25. Prior Negotiations. This Contract supersedes any and all prior understandings
and agreement by and between the Parties with respect to the terms of this
Contract and the negotiations preceding execution of this Contract.
26. Contacts. The Engineer shall direct all inquiries from any third party regarding
information relating to this Contract to the City Engineer.
27. Notification. All notices to either Party by the other required under this Contract
shall be delivered personally or sent by certified U.S. mail, postage prepaid,
addressed to such Party at the following respective addresses:
City: City of Coppell, Texas
Engineering Dept.
255 Parkway Blvd.
Coppell, Texas 75019
Engineer: B. David Littleton, P.E,
Halff Associates, Inc.
1201 N. Bowser Road
Richardson, TX 75081
IN WITNESS WHEREOF, the City of Coppell, Texas and the Engineer has caused these
presents to be executed by duly authorized representatives on the day and year set forth
above.
THE CITY OF COPPELL ENGINEER:___________________
BY: BY:
______________________ ______________________________
City Manager Name & Title
Date: __________________ Date:_________________________
ATTEST: ATTEST:
_______________________ ______________________________
(CORPORATE SEAL)
ATTACHMENT “A”
BASIC SERVICES
PART I
FOR SOUTHWESTERN BOULEVARD IMPROVEMENTS
The Engineer agrees to render services for the development and
completion the Project as outlined herein. The Basic Services to be
performed by Engineer under this Contract include the following:
A. SCHEMATIC DESIGN
1. When requested by the City, the Engineer shall attend preliminary conferences
with authorized representatives of the City regarding the project and such other
conferences as may be necessary in the opinion of the City so that the plans and
specifications which are to be developed hereunder by the Engineer, will result in
providing facilities which are economical in design and conform to instruction from
the City.
2. The Engineer shall attend such conferences with officials of other agencies
including other engineering and/or surveying firms under contract with the City, as
may be necessary in the opinion of the City for coordination of the proposed paving
and related improvements with the requirements of such other agencies. It shall be
the Engineer’s duty hereunder to secure necessary information from such agencies.
3. The Engineer shall advise the City with regard to the necessity for subcontract
work such as surveys required for right-of-way acquisition, additional
geotechnical investigations, or other subsurface investigations in connection with
design and engineering work to be performed hereunder. The Engineer shall also
advise the City concerning the results of same. Such surveys, tests, and
investigations shall be made only upon authorization by and at the expense of the
City.
4. During the schematic design phase the Engineer shall coordinate with Franchise
and City utility agencies as to any proposed utility lines or the need for adjustment
to the existing utility lines within the project limits. The information obtained shall
be shown on the schematic plans and addressed in the schematic design report. The
Engineer shall show on the schematic, preliminary, and final plans the location of
the proposed utility lines, existing utility lines, and any adjustments and/or
relocation of the existing lines based of information provided by the respective
utility company.
5. The Engineer shall provide necessary design field surveys for his use in the
preparation of plans and specifications. The Engineer shall also locate existing
property monumentation to delineate current right-of-way limits.
6. The Engineer shall supply construction plans to Public utility companies having
facilities affected by the project and pipeline companies which have existing and
proposed facilities within the limits of the Project. The above mentioned
construction plans shall consist of the following: one set of dated schematic plans,
one set of dated preliminary plans, and, one set of dated and approved advertising
(final) plans.
7. The Engineer shall furnish for City review two (2) copies each of the schematic
engineering plans at a scale of 1”=20’ and a written report on the project in
sufficient detail to indicate clearly the problems involved and the alternate solutions
available to the City, to include layouts, preliminary right-of-way needs, opinion of
probable cost for each alternate proposed, and the Engineer’s recommendation(s).
B. PRELIMINARY DESIGN
1. The Engineer shall meet with the City to discuss the schematic design plans and
report, and the Engineer will then proceed with preparation of the preliminary
design of the project incorporating all comments received from the City and agreed
upon by both the City and the Engineer into these plans.
2. The Engineer shall provide detailed design data, profiles, cross-sections where
appropriate, opinions of probable cost, and furnish two (2) copies of detailed
preliminary design plans for the project to the City for review. The Engineer shall
indicate on the plans the location of existing and proposed utilities and storm drains.
Storm drainage calculations shall also be provided on the drainage layout sheet in
the plans. Engineer shall also furnish an electronic version of the Preliminary
Plans in ACADD 2004 format.
3. After receipt of preliminary design review comments from the City, the Engineer
shall make all corrections noted and then commence preparation of the final design
plans and specification/contract documents.
C. FINAL PLANS, SPECIFICATIONS, AND ESTIMATE (P S & E)
1. Incorporating all City review comments from the preliminary design submittal, the
Engineer will complete the final plans, prepare contract documents/specifications,
and a final opinion of probable cost for the authorized construction units. This shall
include summaries of bid items and quantities, but the Engineer does not guarantee
that Contractor bids will not vary from such opinion. Each of these items (2 copies
each) shall be submitted to the City for final approval.
2. After receipt of final plan/specifications/contract documents review comments from
the City, the Engineer shall make all corrections noted and then furnish twenty
(20) copies of contract documents (project manual) and final bid plans to the City
for distribution to Contractors for bidding the Project. Contract documents shall
contain the Notice to Bidders, Proposal, Wage Rates, General and Special
Provisions, Special Specifications, Insurance Statement, Payment, Performance,
and Maintenance Bonds, and all other required City Contract forms. City will
provide required contract forms and other standard documents to be included in
the project manual.
3. The original drawings of all plans shall be plotted in ink on approved plastic film
sheets, or as otherwise approved by the City Engineer, and shall become the
property of the City. City may use such drawings in any manner it desires
provided, however, that the Engineer shall not be liable for the use of such
drawings for any project other than the project described herein. The Engineer
shall also furnish an electronic version of the Final Construction Plans in
ACADD 2004 format and .pdf format.
4. The Engineer shall determine the right-of-way and easement needs necessary for
the construction of the project and furnish same to City. As an additional service,
the Engineer shall provide the necessary land survey, Deed and Abstract Records
search, right-of-way exhibit and description of the single property parcel to be
acquired for this project.
D. CONSTRUCTION ADMINISTRATION.
1. If requested by the City, the Engineer will assist the City in the advertisement for
bids--prepare Notice to Bidders for required newspaper advertising --and place
notice with Texas Contractor magazine and Dodge Report.
2. The Engineer will attend a pre-bid meeting if deemed necessary by the City.
3. If bids are received by the City, the Engineer shall assist in the tabulation and
review of all bids received for the construction of the improvements, and shall make
recommendations to the City concerning these bids. At any time during the
construction of this project, the Engineer shall advise on special review shop
drawings required of the Contractor by the Construction Contract(s). Such review
shall be for general conformance with the design concept and general compliance
with the plans and specifications under the Construction Contract(s).
4. After selection of Contractor(s) and award of contract(s) by the City, the Engineer
will assist in the preparation of contract documents, including contract,
performance, payment, and maintenance bonds and all other related City forms
required to initiate construction on the project(s).
5. Engineer will arrange a pre-construction conference with City staff, Contractor(s),
and all affected utility companies.
6. Engineer will provide periodic field representation and will monitor construction
progress as often as Engineer deems necessary. However, once every month the
Engineer shall attend a scheduled meeting with the project inspector and the
Contractor(s) to discuss the construction progress. A written report shall be
provided to the City after each of these monthly meetings.
7. Engineer will consult and advise the City regarding the need for any contract
change orders and will prepare change orders as required for City approval.
8. Engineer will be available for interpretation of plans and specifications as may be
required by the Contractor(s) in the field.
9. The Engineer will, with assistance from the City Inspector on the project(s),
prepare and process monthly and final pay requests from the Contractor(s) to the
City.
10. Engineer will provide, in conjunction with the City, a final review of the project
and provide a “punch list” of deficient items to the Contractor(s). Punch list will
be prepared in conjunction with City Staff.
11. Engineer will revise construction drawings as necessary to adequately reflect any
revisions in the construction from that which was represented on the plans and/or
specifications.
12. Engineer will provide the City with one (1) set of Mylar reproducible “Record
Drawings” within 30 days after the completion of the project including updated
digital files of the new construction for use in the City’s computerized mapping
system. Engineer shall also provide an electronic version of the Record Drawings
in ACADD 2004 and .pdf format.
Unsealed Record drawing will include the following stamp:
Record Documents prepared based on information provided by the Owner. Halff
Associates, Inc. has not verified the accuracy and/or completeness of this
information and shall not be responsible for any errors or omission which may be
incorporated herein, as a result. Elevations and actual locations have not been
field verified.
BASIC SERVICES
PART II
SPECIAL ENGINEERING & SURVEYING SERVICES
• TOPOGRAPHIC MAPPING AND ALIGNMENT SURVEY
Using City of Coppell and local survey control, we will obtain filed survey data
needed to create a contour map with 1-foot contours. We will tie horizontal and
vertical location of existing utilities in the improvement area. Underground utilities
will be shown from available records and field tied at locations available from the
surface. We will tie property corners found in the field and show the location in
relation to the right-of-way as platted. This task does not include resolution of any
right-of-way discrepancies found as a result of this effort.
• GEOTECHNICAL INVESTIGATION
Halff Associates will retain the services of Henley Johnston Associates to update
a previously prepared Geotechnical Investigation for this area. We anticipate 2
borings at the bridge location and 2 borings in the roadway area. This work does
not include material testing services during construction.
• UPDATE HYDRAULIC MODELING FOR NEW BRIDGE CONSTRUCTION
Halff Associates will update previously prepared Hydraulic Model (HEC2) to
include new bridge configuration. Previous modeling prepared in the early 1990’s
to obtain a CLOMR for the area will be used to show the proposed new
improvements.
• INVESTIGATE 404 AND FLOOD PLAIN MODIFICATION
Halff Associates will determine if bridge design and storm drain improvements
will require 404 permitting in excess of notification. We will notify the City if
additional permitting will be required. Permitting assistance can be provided as an
additional service.
• FLOOD PLAIN LETTER OF MAP REVISION (LOMR)
Halff Associates will prepare the required documentation, after construction is
complete, for submittal to FEMA. We will work with FEMA and FEMA
consultants to secure the LOMR. A submittal fee for the LOMR will need to be
paid to FEMA by the City.
• FRANCHISE UTILITY RELOCATION COORDINATION
Halff Associates will contact various Franchise Utility agencies and coordinate
required relocation or adjustment. We will prepare a schematic utility relocation
layout showing existing utility location and new roadway improvements.
EXCLUSIONS
1. Quality control and material testing services during construction.
2. Preparation of any right-of-way or easement dedication documents, or surveying
support required to prepare these documents.
3. Filing fees and submittal fees.
4. Environmental impact statements and assessments, or hazardous material
assessments.
5. Construction staking.
6. Section 404 Permitting and associated studies.
7. The Design Professionals shall not be required to execute any documents
subsequent to the signing of this Agreement that in any way might in the sole
judgment of the Design Professional, increase the Design Professional’s risk or
the availability or cost of his or her professional or general liability insurance.
8. Layout and design of any screening or landscape fencing.
9. Design of special landscaping and irrigation in excess of grassing of parkways
and areas disturbed by construction.
ATTACHMENT B
FEE SCHEDULE
Engineering Fees for Southwestern Boulevard Extension
Grapevine Creek to Coppell Road
Coppell Texas
January 9 2008 1 1008 07 5058 W063ATTACH B PrelimFeeEst1 01 09 08 xls
Roadway Length 1500 LF
Site Area Acres N A
Basic Services Part I INCLUDE TOTAL SPECIAL
1 Y O N SERVICE FEE
Preliminary Layout Plan Profile 1 INCL
Bridge Design 1 INCL
Roadway Paving Drainage Design 1 INCL
Water Wastewater Improvement Design 1 INCL
Specifications 1 INCL
Bidding Phase Services 1 INCL
Construction Phase Services 1 INCL
Erosion Control Plan and SWP3 1 INCL
Total Basic Services Part I 92 500 0
Basic Services Part II INCLUDE LUMP SUM
Special Engineering Surveying Services 1 Y 0 N FEE
Topographic Mapping Alignment Survey 1 7 500
Tree Identification and Location Survey 1 2 500
Geotechnical Investigation 1 7 500
Update Hyradulics for New Bridge 1 12 500
Flood Plain Modification LOMR 1 25 000
Franchise Utility Relocation Coordination 1 7 500
404 Permit Investigation 1 INCL
Unsealed Record Drawings Update Contractor
provided data 1 5 000
Reimbursable Expense 1 5 000
Total Special Engineering Surveying Services 72 500 0
TOTAL BASIC SERVICES PART I II 165 000
See Attachment A for excluded items not included in fee estimate
AVERAGE HOURLY RATES
FOR ENGINEERING AND SURVEYING PERSONNEL AND DIRECT COSTS
Personnel Services:
Principal.................................................................................................................................$165.00
Project Manager.....................................................................................................................$135.00
Professional Engineer.............................................................................................................$110.00
Registered Professional Land Surveyor ..................................................................................$ 95.00
Project Engineer......................................................................................................................$ 92.00
Engineer/Surveyor in Training (EIT/SIT)...............................................................................$ 84.00
CADD Technician...................................................................................................................$ 75.00
Clerical....................................................................................................................................$ 65.00
Direct Costs...............................................................................................................................x 1.10
Surveying Services:
3-Man Survey Crew...............................................................................................................$125.00
2-Man Survey Crew...............................................................................................................$105.00
Field Party Coordinator/RPLS ...............................................................................................$ 95.00
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 Secrtary
January 22, 2008
13
✔
RESOLUTION
Consider approval of a Resolution calling the Regular Municipal Election for Councilmembers Place 1, 3, 5 and 7 for
Saturday, May 10, 2008; authorizing the City Manager to enter into and sign a Joint Election Agreement and Election
Service Contract with Dallas County Elections Department for conducting the Municipal Election; and authorizing the
Mayor to sign.
Funds for the contract for elections have been budgeted in the City Secretary elections line item. (01-02-41-4290)
Staff recommends approval.
%callelection
RESOLUTION NO. ___________________
ORDER OF GENERAL ELECTION
May 10, 2008
BE IT REMEMBERED THAT on this the 22nd day of January, 2008, at a meeting of
the City Council of the City of Coppell, Texas, a quorum being present, the meeting was called
to order and the Council issued the following order:
IT IS HEREBY ORDERED that an election be held on the 10th day of May, 2008, 7:00
a.m. to 7:00 p.m., for the purpose of electing one Councilmember for Place 1, one
Councilmember for Place 3, one Councilmember for Place 5, and one Councilmember for Place
7. The election shall be held as a Joint Election administered by the Dallas County Elections
Administrator in accordance with the provisions of the Texas Election Code and a Joint Election
Agreement.
The candidate for such office receiving a majority of all votes cast for all candidates for
such office shall be elected to serve such term or until his or her successor is duly elected and
qualified.
In the event any candidate for said office fails to receive a majority of all votes cast for all
the candidates for such office, a run-off election shall be held. If a run-off election becomes
necessary, the run-off election will be held on Saturday, June 14, 2008. The Dallas County
Elections Administrator will conduct the Election.
Page 1 TM 23487.2.000
A Presiding Election Judge and an Alternate Presiding Election Judge shall be appointed
in accordance with the Joint Election Agreement.
Early voting by personal appearance shall be conducted at the Town Center Atrium, 255
Parkway Boulevard, Coppell, Texas 75019. Early voting will be conducted on weekdays
beginning Monday, April 28, 2008 through Friday, May 2, 2008, 8:00 a.m. - 5:00 p.m.; Saturday,
May 3, 2008, 8:00 a.m. - 5:00 p.m.; Sunday, May 4, 2008, 1:00 p.m. - 6:00 p.m.; Monday, May
5, 2008 through Tuesday, May 6, 2008, 7:00 a.m. - 7:00 p.m.
Qualified residents of Coppell may vote early in the Joint Election by personal
appearance at either the Coppell Town Center or at any of the other branch locations, as
published by Dallas County.
Application for a ballot by mail shall be mailed to:
Bruce R. Sherbet
Chief Deputy Early Voting Clerk
Dallas County Elections Department
Health & Human Services Building
2377 N. Stemmons Freeway, Suite 820
Dallas, Texas 75207
Application for ballot by mail must be received no later than the close of business on May 2,
2008.
The City Secretary shall present such returns to the City Council for the canvassing of
said election.
The canvass of said election returns shall be conducted by the City Council not earlier
than the 3rd day nor later than the 11th day after the election.
Page 2 TM 23487.2.000
DULY ORDERED by the City Council of the City of Coppell, Texas the 22nd day of
January, 2008.
APPROVED:
DOUGLAS N. STOVER, MAYOR
CITY OF COPPELL, TEXAS
ATTEST:
LIBBY BALL, CITY SECRETARY
CITY OF COPPELL, TEXAS
APPROVED AS TO FORM:
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 01/02/2008)
Page 3 TM 23487.2.000
DECRETO NÚM. _________________
MANDATO DE CONVOCAR A ELECCIONES GENERALES
10 de mayo del 2008
HÁGASE A MANERA DE RECORDATORIO que en este día 22 del mes de enero
del año 2008, en una reunión del Ayuntamiento del Municipio de Coppell, Texas, estando
presente el quórum, la reunión se llamó al orden y el ayuntamiento promulgó el mandato a
continuación:
POR ESTE CONDUCTO SE ORDENA que se convoquen elecciones el día 10 de
mayo del año 2008, de las 7:00 a.m. a las 7:00 p.m., con el propósito de elegir a un concejal del
ayuntamiento para que ocupe el escaño 1, un concejal del ayuntamiento para que ocupe el escaño
3, un concejal del ayuntamiento para que ocupe el escaño 5 y un concejal para que ocupe el
escaño 7. Las elecciones deberán llevarse a cabo como una Elección Conjunta administrada por
el Administrador de Elecciones del Condado de Dallas conforme lo establecen las cláusulas del
Código Electoral de Texas y el Convenio de Elecciones Conjuntas.
El candidato para ocupar dicho escaño, a quien se le haya otorgado la mayoría de todos
los votos decisivos para ocupar dicho escaño, será electo para prestar sus servicios durante esa
gestión o hasta que su sucesor(a) sea debidamente electo(a) y llene las cualidades establecidas.
En caso de que cualquier candidato para dicho escaño no logre acumular la mayoría de
los votos decisivos para todos los candidatos a ocupar dicho escaño, se llevará a cabo una
segunda ronda de elecciones posterior a la primaria. Si llegase a ser necesaria una segunda ronda
Página 1 TM 23487.2.000
de elecciones posterior a la primaria, dicha elección se llevará a cabo el sábado 14 de junio del
año 2008. El Administrador de Elecciones del Condado de Dallas será el dirigente de dicha
elección.
Se nombrará a un juez que presidirá los comicios electorales y un juez alterno que
presidirá dichos comicios y conforme lo establece el Convenio de Elecciones Conjuntas.
El ejercicio del voto anticipado, en persona, podrá ejercerse en el atrio del Town Center,
ubicado en el 255 Parkway Boulevard, en Coppell, Texas 75019. El voto anticipado podrá
ejercerse en días hábiles a partir del lunes 28 de abril del 2008, hasta el viernes 2 de mayo del
2008, de las 8:00 a.m. a las 5:00 p.m., el sábado 3 de mayo del 2008 de las 8:00 a.m. a las 5:00
p.m., el domingo 4 de mayo del 2008 de la 1:00 p.m. a las 6:00 p.m., desde el lunes 5 de mayo
del 2008 hasta el martes 6 de mayo del 2008 de las 7:00 a.m. a las 7:00 p.m.
Quienes residan en Coppell y cumplan con los requisitos, podrán ejercer el voto en las
Elecciones Conjuntas y en persona, ya sea en las instalaciones de Coppell Town Center o en
cualquier otra casilla electoral, según lo publique el Condado de Dallas.
Las solicitudes de boletas electorales por correo deberán enviarse a:
Bruce R. Sherbet
Chief Deputy Early Voting Clerk
Dallas County Elections Department
Health & Human Services Building
2377 N. Stemmons Freeway, Suite 820
Dallas, Texas 75207
La solicitud de boletas electorales por correo deberán recibirse antes del cierre oficial del día de
oficinas del día 2 de mayo del 2008.
Página 2 TM 23487.2.000
La Secretaria del Ayuntamiento deberá presentar las boletas devueltas para su conteo
general de dichas elecciones y ante el Ayuntamiento Municipal.
El conteo general de las boletas electorales devueltas de dichas elecciones deberá llevarse
a cabo por conducto del Ayuntamiento Municipal no antes del 3er. día ni después del 11o. día
posterior a las elecciones.
DEBIDAMENTE ORDENADO por el Ayuntamiento Municipal de Coppell, Texas el
día 22 de enero del año 2008.
APROBADO:
DOUGLAS N. STOVER - ALCALDE
AYUNTAMIENTO MUNICIPAL DE COPPELL,
TEXAS
ATESTIGUÓ:
LIBBY BALL – SECRETARIA DEL AYUNTAMIENTO
AYUNTAMIENTO MUNICIPAL DE COPPELL, TEXAS
APROBADO POR SU CONTENIDO Y FORMA:
ROBERT E. HAGER – PROCURADOR DE JUSTICIA DEL MUNICIPIO
(REH/cdb 01/02/2008)
Página 3 TM 23487.2.000
AGENDA REQUEST FORM DATE: January 22, 2008
ITEM #: 14
MAYOR AND COUNCIL REPORTS
A. Report by Mayor Stover regarding condolences to Jayne and Corinne Peters.
B. Report by Mayor Pro Tem Hinojosa-Flores regarding Metroplex Mayors’ Meeting
C. Report by Councilmember Faught regarding former Councilmember Walter
Pettijohn.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
AGENDA REQUEST FORM
DATE: January 22, 2008
ITEM #: 15
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.
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.
Agenda Request Form - Revised 06/03 Document Name: %ccommreport
AGENDA REQUEST FORM
DATE: January 22, 2008
ITEM #: 16
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork
AGENDA REQUEST FORM
DATE: January 22, 2008
ITEM #: 17
NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec
CERTIFICATE OF AGENDA ITEM SUBMISSION
Council Meeting Date: January 22, 2008
Department Submissions:
Item No. 9/B was placed on the Agenda for the above-referenced City
Council meeting by the Human Resources Department. I have reviewed
the Agenda Request (and any backup if applicable) and hereby submit this
item to the City Council for consideration.
____________________
Human Resources Department
Item No. 9/E was placed on the Agenda for the above-referenced City
Council meeting by the Fire Department. I have reviewed the Agenda
Request (and any backup if applicable) and hereby submit this item to the
City Council for consideration.
____________________
Fire Department
Item Nos. 9/C, 9/D, 11 and 12 were placed on the Agenda for the above-
referenced City Council meeting by the Engineering Department. I have
reviewed the Agenda Requests (and any backup if applicable) and hereby
submit these items to the City Council for consideration.
____________________
Engineering Department
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)