CP 2008-10-14
NOTICE OF CITY COUNCIL MEETING AND AGENDA
OCTOBER 14, 2008
DOUG STOVER, MARVIN FRANKLIN, Place 6
Mayor Mayor Pro Tem
TIM BRANCHEAU, Place 1 MARSHA TUNNELL, Place 4
JAYNE PETERS, Place 2 BILLY FAUGHT, Place 5
BRIANNA HINOJOSA-FLORES, Place 3 KAREN HUNT, 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, October 14, 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 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. Discussion regarding Solid Waste Services and Waste Management.
B. Discussion of Agenda Items.
Adjourn Work Session.
PUBLIC ANNOUNCEMENTS
Public Service Announcements concerning local civic events and no Council
action is required or permitted.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
6. Pledge of Allegiance.
7. Consider approval of a Proclamation naming the week of October 23
through October 31, 2008 as Red Ribbon Week, and authorizing the
Mayor to sign.
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ITEM # ITEM DESCRIPTION
8. Consider approval of a proclamation proclaiming the month of October
as Breast Cancer Awareness Month, and authorizing the Mayor to sign.
9. Presentation by City Staff regarding Coppell Environmental Management
System.
10. Citizens' Appearances.
CONSENT AGENDA
11. Consider approval of the following consent agenda items:
A. Consider approval of minutes: September 23, 2008
October 2, 2008.
B. Consider approval of Amended Minutes of the March 11, 2008
Council Meeting to correct condition number one to Item No. 9
regarding Arbor Manors.
C. Consider approval of awarding Buy Board Quote #23-399 to Gomez
Floor Covering, Inc. in the amount of $155,281.21 as provided for in
the Infrastructure Maintenance Fund (IMF); and authorizing the City
Manager to sign and execute any necessary documents.
D. Consider approval of awarding Bid/Contract #Q-0908-03 Water
Meters for the purchase of water meters in the following manner:
Series #100 to Municipal Water Works, L.P., Series #300 to ACT Pipe
Supply, Series #400 to Mainline Supply Company, and Series #500 to
Metron Farnier for a combined estimated total of $185,739 as
budgeted; and authorizing the City Manager to sign and execute
any necessary documents.
E. Consider approval of an Ordinance for Case No. PD–234-H, Lot 1,
Block A, Wilson-Kirkland-Minyard Addition, zoning change from H
(Historic) to PD-234-H (Planned Development-234-Historic) to allow
the relocation of a 1,100-square-foot house and a 600-square-foot
replica of the Minyard’s drug store on 0.27 acres of property
located at the southeast corner of W. Bethel Road and S. Coppell
Road and authorizing the Mayor to sign.
F. Consider approval of an Ordinance for Case No. S-1247-SF-12, T-
Mobile (First Assembly of God Church), zoning change from SF-12
(Single Family-12) to S-1247-SF-12 (Special Use Permit-1247-Single
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ITEM # ITEM DESCRIPTION
Family-12), to allow wireless communication antennas to be
mounted inside a proposed 70-foot high bell tower and a 20’×20’
equipment cabinet at the base, located at 200 S. Heartz Road and
authorizing the Mayor to sign.
END OF CONSENT
12. Consider approval of an ordinance authorizing the issuance of City of
Coppell, Texas combination tax and revenue Certificates of Obligation,
SERIES 2008A, in the principal amount of $20,000,000.00 approving an
official statement, authorizing the execution of a purchase agreement,
making provisions for the security thereof, and ordaining other matters
relating to the subject and authorizing the Mayor to sign.
13. Consider approval of an ordinance authorizing the issuance of City of
Coppell, Texas combination tax and revenue Certificates of Obligation,
Taxable SERIES 2008B, in the principal amount of $6,500,000.00 approving
an official statement, authorizing the execution of a purchase agreement,
making provisions for the security thereof, and ordaining other matters
relating to the subject and authorizing the Mayor to sign.
14. Consider approval of a resolution to deny the proposed increase in rates
and charges requested by Oncor Electric Delivery Company LLC,
providing that the rates and charges of the said company be denied,
providing for notice hereof to said company and authorizing Mayor to
sign.
15. PUBLIC HEARING:
Consider approval of Case No. S-1248-C, Papa Murphy’s, a zoning
change request from C (Commercial) to S-1248-C (Special Use Permit-
1248-Commercial), to allow a 1,226-square-foot grocery take-out, to be
located at 612 E. Sandy Lake Road.
16. PUBLIC HEARING:
Consider approval of Case No. PD-235-O, Denton Creek @ Sandy Lake
Addition, Lot 2, Block A, a zoning change request from SF-12 (Single
Family-12) to PD-235-O (Planned Development District 235-Office), to
allow the construction of a two-story, 11,632-square-foot office building on
0.83 acres of property located on the north side of Sandy Lake Road,
approximately 600 feet west of Starleaf Road.
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ITEM # ITEM DESCRIPTION
17. Consider approval of the Denton Creek @ Sandy Lake Addition, Lots 1 & 2,
Block A, Minor Plat, to allow the construction of a single-family home on
Lot 1 and a two-story office building on Lot 2, on 2.3 acres of property
located on the north side of Sandy Lake Road, approximately 600 feet
west of Starleaf Road.
18. PUBLIC HEARING:
Consider approval of Case No. PD-162R-MF-2, Gunner Subdivision, Lots 1 &
2, Block A, a zoning change request from PD-162-MF-2 (Planned
Development District 162 – Multifamily-2) to PD-162R-MF-2 (Planned
Development District 162- Revised – Multi-family-2) to allow the conversion
of a portion of the existing leasing office/amenity area into three
residential units, to add garages/storage areas, and to reconfigure
parking spaces, on 37.8 acres of property located 1717 and 1721 Belt Line
Road.
19. Consider approval of the Lesley Retail Addition, Blocks A & B, & Dividend
Drive, Preliminary Plat, to establish property boundaries and the alignment
of Dividend Drive on 28.142 acres of property located on the east side of
S. Belt Line Road, north of Hackberry Drive.
20. Consider approval of the Dividend Drive (Lesley Retail Addition), Final Plat,
to establish a 90-foot wide right-of-way for the extension of Dividend Drive
from S. Belt Line Road to the Coppell/Dallas City Limit Line, containing
1.286 acres of property located approximately 1,434 feet north of
Hackberry Drive.
21. Consider appointments of Youth Advisors to the Parks and Recreation
Board.
22. Consider appointments to the Coppell Economic Development
Foundation for a one year term.
23. Mayor and Council Reports.
A. Report by Mayor Stover regarding State Election Candidate Forum
Event.
B. Report by Mayor Stover regarding Oaktoberfest on October 18th.
C. Report by Mayor Stover regarding Metroplex Mayors’ Meeting.
D. Report by Mayor Stover regarding National Night Out.
24. Necessary action resulting from Work Session.
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25. 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 10th day of October, 2008, at
__________________.
____________________________________
Libby Ball, City Secretary
DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON
THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC
DOCUMENTS, COUNCIL PACKETS.
PUBLIC NOTICES
STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public
programs, services and/or meetings, the City requests that individuals make requests for
these services forty-eight (48) hours ahead of the scheduled program, service and/or
meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or
other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989).
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KEY TO COUNCIL GOALS ICONS
2007 — 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: October 14, 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.
B. Section 551.087, Texas Government Code – Economic Development
Negotiations.
1. ED Prospects East and West of Beltline/Denton Tap and south of Bethel
Road and north of S.H. 121 and east of Denton Tap.
Agenda Request Form - Revised 02/04 Document Name: %exsessn
AGENDA REQUEST FORM
DATE: October 14, 2008
ITEM #: WS-3
WORK SESSION
A. Discussion regarding Solid Waste Services and Waste Management.
B. Discussion of Agenda Items.
Agenda Request Form - Revised 02/07 Document Name: %wksessn
MUNICIPAL SOLID WASTE COLLECTION
AND TRANSPORTATION AGREEMENT
This Municipal Solid Waste Collection and Transportation Agreement (this
“Agreement”) is entered into as of the ___ day of October, 2008, between the City of Coppell,
Texas (“City”), acting by and through its duly authorized City Manager, and Waste Management
of Texas, Inc. (“Contractor”), a Texas corporation, acting by and through its duly authorized
representative.
W I T N E S S E T H:
WHEREAS, City desires to grant to Contractor the exclusive right to operate and
maintain the service of collection and transportation of residential, commercial and industrial
garbage and trash, and residential recycling, over, upon, along and across the present and future
streets, alleys, bridges and public properties of the City, subject to the terms of this Agreement;
and
WHEREAS, Contractor desires to operate and maintain the service of collection and
transportation of residential, commercial and industrial garbage and trash, and residential
recycling, over, upon, along and across the present and future streets, alleys, bridges and public
properties of the City, subject to the terms of this Agreement.
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged and confessed, the parties hereto agree as follows:
1. DEFINITIONS:
1.01. Bag or Bags: Plastic sacks, designed to store refuse with sufficient wall strength
to maintain physical integrity when lifted by the top. Total weight of a Bag and
its contents shall not exceed forty (40) pounds.
1.02. Brush: Any cuttings or trimmings from trees, shrubs, or lawns, and similar
materials. The term "Brush" specifically excludes limbs which are greater than
four (4) feet in length, and specifically excludes debris resulting from services of
a Commercial Service Provider.
1.03. Bulky Waste: White Goods, furniture, loose brush greater than four (4) feet in
length or four (4) inches in diameter, auto parts, and other oversize wastes which
are customary to ordinary housekeeping operations of a Residential Unit and
whose large size precludes or complicates its handling by normal solid waste
collection, processing or disposal methods.
1.04. Bundle or Bundles: Tree, shrub and brush trimmings or unrecycled newspapers
and magazines securely tied together forming an easily handled package, not to
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exceed four (4) feet in length, six (6) inches in diameter, or 50 lbs. in weight. All
Brush must be Bundled.
1.05. City: The City of Coppell, Texas.
1.06. Commercial Unit: All commercial businesses and establishments, including, but
not limited to, stores, offices, restaurants, warehouses, and other non-
manufacturing facilities, premises, locations or entities, public or private, within
the corporate limits of the City.
1.07. Commercial Hand Collect Unit: A retail or light commercial type of business,
which generates no more than one (1) cubic yard of Solid Waste per week.
1.08. Commercial Waste: All types of Solid Waste generated by stores, offices,
restaurants, warehouses, and other non-manufacturing activities, excluding
Residential Waste and Industrial Waste.
1.09. Commercial Service Provider: A commercial business enterprise or
commercial service provider.
1.10. Compactor: Any container, regardless of size, which has a compaction
mechanism, whether stationary or mobile.
1.11. Construction and Demolition Debris: Waste building materials resulting from
construction, remodeling, repair, or demolition operations that are directly or
indirectly the by-products of construction work or that result from demolition of
buildings or other structures, but specifically excluding inert debris, land-clearing
debris, yard debris, or used asphalt, asphalt mixed with dirt, sand, gravel, rock,
concrete, or similar materials.
1.12. Container: A receptacle with a capacity of at least 18 - 20 gallons but less than
50 gallons, constructed of plastic, metal or fiberglass, having handles of adequate
strength for lifting. The mouth of a container shall have a diameter greater than or
equal to that of the base.
1.13. Contract Administrator: That person, or his designee, designated by the City to
administer and monitor the provisions of this Agreement.
1.14. Contractor: Waste Management of Texas, Inc.
1.15. Customer: The owner or tenant of a Residential Unit, Commercial Unit and/or
Industrial Unit, as the case may be, located within the City, and identified by the
City as being eligible for and in need of the services provided by the Contractor
under this Agreement.
1.16. Dead Animals: Animals or portions thereof that have expired from any cause
except those slaughtered or killed for human use.
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1.17. Disposal Site: A duly permitted sanitary landfill selected by Contractor.
1.18. Dumpster: Metal receptacle designed to be lifted and emptied mechanically for
use only at Commercial Units or Industrial Units.
1.19. Garbage: Solid Waste consisting of putrescible or animal and vegetable waste
materials resulting from the handling, preparation, cooking, and consumption of
food, including waste materials from markets, storage facilities, handling and sale
of produce and other food products, and all Dead Animals of less than ten pounds
(10 lbs.) in weight, except those slaughtered for human consumption.
1.20. Hazardous Waste: Any Solid Waste identified or listed as a hazardous waste by
the administrator of the Environmental Protection Agency under the Federal Solid
Waste Disposal Act as amended by RCRA, 42 U.S.C. §6901, et. seq., as
amended.
1.21. Industrial Unit: All industrial businesses and establishments, including
manufacturing facilities, premises, locations or entities, public or private, within
the corporate limits of the City.
1.22. Industrial Waste: Solid Waste resulting from or incidental to any process of
industry or manufacturing, or mining or agricultural operations.
1.23. Medical Waste. Waste generated by health care related facilities and associated
with health care activities, not including Garbage or Rubbish generated from
offices, kitchens, or other non-health-care activities. The term includes Special
Waste from health care-related facilities which is comprised of animal waste, bulk
blood and blood products, microbiological waste, pathological waste, and sharps
as those terms are defined in 25 TAC §1.132 (relating to Definitions). The term
does not include medical waste produced on farmland and ranchland as defined in
Agricultural Code, §252.001 (6) (Definitions--Farmland or ranchland), nor does
the term include artificial, nonhuman materials removed from a patient and
requested by the patient, including, but not limited to, orthopedic devices and
breast implants.
1.24. Polycart: A rubber-wheeled receptacle with a maximum capacity ranging from
32-gallons to 96-gallons. constructed of plastic, metal and/or fiberglass, designed
for automated or semi-automated solid waste collection systems, and having a
tight fitting lid capable of preventing entrance into the container by small animals.
The weight of a Polycart and its contents shall not exceed the manufacturer’s
specifications.
1.25. Recyclable Material: A material that has been recovered or diverted from the
non-hazardous waste stream for purposes of reuse, recycling, or reclamation, a
substantial portion of which is consistently used in the manufacture of products
that may otherwise by produced using raw or virgin materials. Recyclable
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Material is not solid waste. However, Recyclable Material may become Solid
Waste at such time, if any, as it is abandoned or disposed of rather than recycled,
whereupon it will be solid waste, with respect to the party actually abandoning or
disposing of such material.
1.26. Recycling Container: A new or used plastic receptacle, designed for the purpose
of curbside collection of Recyclable Materials, with capacity between 32 and 96
gallons.
1.27. Refuse: Same as Rubbish.
1.28. Residential Unit: A residential dwelling within the service area of the City
occupied by a person or group of persons comprising not more than four families.
A Residential Unit shall be deemed occupied when either water or domestic light
and power services are being supplied thereto. A condominium dwelling,
whether of single or multi-level construction, consisting of four units, shall be
treated as a Residential Unit, except that each single-family dwelling within any
such Residential Unit shall be billed separately as a Residential Unit.
1.29. Residential Waste: All Refuse, Garbage and Rubbish and other Solid Waste
generated by a Customer at a Residential Unit.
1.30. Roll-off Bin: Container provided to a Commercial Unit or Industrial Unit by
Contractor measuring 20 cubic yard, 30 yards or 40 cubic yards, intended for
high-volume refuse generating Commercial Units or Industrial Units, and capable
of pickup and transport to a Landfill by loading of container onto rear of
transporting vehicle, but excluding a Compactor.
1.31. Rubbish: Nonputrescible Solid Waste (excluding ashes), consisting of both
combustible and noncombustible waste materials. Combustible rubbish includes
paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings,
leaves, or similar materials; noncombustible rubbish includes glass, crockery, tin
cans, aluminum cans, metal furniture, and similar materials that will not burn at
ordinary incinerator temperatures (1,600 degrees Fahrenheit to 1,800 degrees
Fahrenheit).
1.32. Solid Waste: Garbage, Rubbish, Refuse, sludge from a wastewater treatment
plant, water supply treatment plant, or air pollution control facility, and other
discarded material, including solid, liquid, semi-solid, or contained gaseous
material resulting from industrial, municipal, commercial, mining, and
agricultural operations and from community and institutional activities. The term
does not include:
a) Solid or dissolved material in domestic sewage, or solid or
dissolved material in irrigation return flows, or industrial
discharges subject to regulation by permit issued under Texas
Water Code, Chapter 26;
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b) Solid, dirt, rock, sand, and other natural or man-made inert solid
materials used to fill land if the object of the fill is to make the land
suitable for the construction of surface improvement;
c) Waste materials that result from activities associated with the
exploration, development, or production of oil or gas or
geothermal resources and other substance or material regulated by
the Railroad Commission of Texas under Natural Resources Code,
§91.101, unless the waste, substance, or material results from
activities associated with gasoline plants, natural gas liquids
processing plants, pressure maintenance plants, or repressurizing
plants and is hazardous waste as defined by the administrator of
the EPA under the federal Solid Waste Disposal Act, as amended
by RCRA, as amended (42 USC, §§6901 et seq.), or
d) Unacceptable Waste.
1.33. Special Waste: Waste that requires special handling and management due to the
nature of the waste, including, but not limited to, the following: (A) containerized
waste (e.g. a drum, barrel, portable tank, box, pail, etc.), (B) waste transported in
bulk tanker, (C) liquid waste, (D) sludge waste, (E) waste from an industrial
process, (F) waste from a pollution control process, (G) Residue and debris from
the cleanup of a spill or release of chemical, or (H) any other waste defined by
Texas law, rule or regulation as "Special Waste".
1.34. Stable Matter: All manure and other waste matter normally accumulated in or
about a stable, or any animal, livestock or poultry enclosure, and resulting from
the keeping of animals, poultry, or livestock.
1.35. Unacceptable Waste: Any waste, the acceptance and handling of which by
Contractor would cause a violation of any permit, condition, legal or regulatory
requirement, substantial damage to Contractor's equipment or facilities, or present
a danger to the health or safety of the public or Contractor's employees, including,
but not limited to, Hazardous Waste, Special Waste (except as otherwise provided
herein), untreated Medical Waste, Dead Animals weighing ten pounds (10 lbs.) or
greater, solid or dissolved material in domestic sewage, or solid or dissolved
material in irrigation return flows, or industrial discharges subject to regulation by
permit, soil, dirt, rock, sand, and other natural or man-made inert solid materials
used to fill land if the object of the fill is to make the land suitable for the
construction of surface improvements.
1.36. Unusual Accumulations: As to Residential Units, any Waste placed curbside for
collection in excess of the volumes or weights permitted by this Agreement, or
placed outside a Polycart except as permitted by this Agreement, and as to
Commercial or Industrial Units, any Waste located outside the Dumpster, Roll-off
Bin or Compactor regularly used for such collection service.
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1.37. Waste: All Residential Waste, Commercial Waste, and Industrial Waste to be
collected by Contractor pursuant to this Agreement. The term "Waste"
specifically excludes Unacceptable Waste.
1.38. White Goods: Refrigerators which have CFCs removed by a certified technician,
stoves and ranges, water heaters, freezers, swing sets, bicycles (without tires)
scrap metal, copper, and other similar domestic and commercial large appliances.
2. GRANT OF EXCLUSIVE FRANCHISE:
Contractor is hereby granted the exclusive right and privilege within the corporate limits
of the City to conduct business for the purpose of collection and disposal of Waste, and
collection of Recyclable Materials from Residential Units, subject to the terms hereof, within the
corporate limits of the City, any tracts, territories and areas hereafter annexed to or acquired by
City. All Residential Unit, Commercial Unit, and Industrial Unit Customers shall utilize
Contractor’s services pursuant to this Agreement.
3. TERM:
The term of this Agreement shall commence November 1, 2008, (“Commencement
Date”) and continue remain in full force and effect until October 31, 2014; provided, however,
the term of this Agreement shall automatically extend without further action of the parties for
additional terms of five (5) years each, unless, not less than ninety (90) days before the
termination of the then current term, one party advises the other in writing of its desire to
terminate this Agreement at the conclusion of the then current term of the Agreement.
4. RATES:
Contractor is authorized to charge, and shall receive from the City, the rates set forth on
Schedule “A” attached hereto and incorporated herein by reference ("Base Rates"). The Base
Rates are subject to adjustment as set forth in Section 9 below.
5. CONTRACTOR SERVICES:
5.01. Residential Collection
(a) Residential/Commercial Hand Collect Collection:
(i) Contractor shall collect Residential Waste generated at a
Residential Unit and placed in that Residential Unit’s appropriate
Bag or Polycart twice per week during the term of this Agreement.
Upon the Commencement Date, Contractor shall collect
Residential Waste placed in Bags. Upon receiving written
notification from the City which shall be issued no later than
eighteen_(18) months after the Commencement Date, Contractor
shall implement residential Waste and/or recycling collection using
Polycarts instead of Bags no later than six (6) months after
receiving the City’s notification. Once Contractor implements the
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Polycart collection program, new Residential Unit rates as set forth
in the attached Schedule ____ shall immediately take effect. Each
Residential Unit shall be entitled to obtain a second 95 gallon
Polycart for trash or yard trimmings, at an additional rate of $3.00
per month, or both such Polycarts for an additional $5.00 per
month. The collection date for Residential Unit service shall be
every Wednesday and Saturday of each week. Contractor reserves
the right to request a change in residential collection days, based
on specific circumstances as may be directed by Contractor to the
City. Contractor will notify the City at least thirty (30) days in
advance of any change in collection day so as to enable City to
provide notice thereof to its residents.
(ii) Contractor shall collect Commercial Waste placed in an
appropriate container from a Commercial Hand Collect Unit once
or twice per week, depending upon the specific needs of the
business.
(iii) Construction Debris generated at a Residential Unit by a
Commercial Service Provider shall be deemed Commercial Waste,
and shall be collected pursuant to Section 5.03 below. Construction
Debris generated at a Residential Unit by the owner or tenant of
that Residential Unit, and not utilizing the services of a
Commercial Service provided, shall be subject to the Bulky Waste
limitations set forth in this Agreement.
(b) Bundle/Bulky Waste Collection: Contractor shall provide a once per
week collection service to Residential Units for collection of Bulky Waste
and Bundles on each Saturday of the week. Residential Unit Customers
must call Contractor by 12:00 p.m. on the Thursday before collection for
such service. Contractor agrees to collect up to, but not to exceed, an
aggregate of one (1) item of Bulky Waste or Bundles per week from each
Residential Unit. Contractor shall have no obligation to collect any Bulky
Waste or Bundles in excess of the above volumes, or any Construction
Debris produced by a Commercial Service Provider hired by a Customer
and generated and located at that Residential Unit. All Brush must be cut
and tied and placed in a Bundle. Bulky Waste and Bundles shall be placed
within three (3) feet of the curb, swale, paved surface of the roadway,
closest accessible roadway, or other location agreed to by Contractor and
Customer, that will provide safe and efficient accessibility to Contractor's
collection crew and vehicle.
(c) Recyclable Collection: Contractor shall provide once per week collection
of Recyclable Materials placed in Recyclable Containers from Residential
Units. Contractor shall not be required to collect any Recyclable Materials
that are not placed in the authorized Recycling Container. In addition,
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Contractor shall not be required to collect Recyclable Materials if the
Customer does not segregate the Recyclable Materials from the remainder
of the Residential Waste.
(d) Recycling Containers:
(i) Contractor shall provide one (1) Recycling Container to each
Residential Unit within 180 days of approval of this Agreement.
Recycling Containers shall be placed by the Customer of a
Residential Unit in a location that is readily accessible to
Contractor and its collection equipment, not to exceed three (3)
feet from the curb or edge of the travel portion of the street, road or
alley, and not to be located in a manner that will block the
driveway or mailbox or otherwise inhibit proper servicing. The
City shall aid Contractor in resolving problems of Cart location by
the Customer. Customers shall not overload Carts, and the Carts
shall be loaded such that the lids shall close securely.
(ii) Recycling containers furnished by the Contractor hereunder shall
remain the property of Contractor, and the Customer will have no
interest in these containers. The recycling containers shall remain
at the location of the Residential Unit where delivered by
Contractor. The Customer shall be responsible for all loss or
damage to the containers, except for normal wear and tear or for
loss or damage resulting from Contractor’s handling of the
equipment. Any container removed from a Residential Unit shall
be deemed lost, and Contractor shall be entitled to compensation
by the City therefor. The Customer shall not overload (by weight
or volume) a Polycart or a recyclable container, and shall use each
only for its proper and intended purpose. Additional Carts or
recyclable containers are available for residential Customers at an
additional charge to be paid by the Customer. In the event a Cart or
recyclable container should be lost or damaged, Contractor agrees
to replace such lost or damaged Cart or recyclable container with a
new one, at a cost equal to Contractor’s actual cost for such item..
(iii) Contractor will comply with the City’s Ordinance on Yard
Trimmings Recycling set forth in Chapter 3, Section 3-5-13 of the
City’s Code of Ordinances.
(iv) Contractor shall present to the City one or more options for
recycling at Multi-Family or Mixed Use units not later than April
1, 2009.
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5.02. Commercial and Industrial Collection: Contractor shall have the exclusive right
to collect and transport Commercial Waste and Industrial Waste from the
Commercial Units and Industrial Units, respectively, utilizing Dumpsters,
Compactors or Roll Off Bins, at such frequency as shall be reasonably requested
by such Commercial Unit Customer or Industrial Unit Customer. The Dumpster,
Compactor or Roll Off Bin shall be located on a concrete pad to accommodate
equipment and at a location reasonably acceptable to Contractor. Contractor may,
at its sole option, require Commercial Customers and Industrial Customers to
enter into individual contracts with Contractor, subject to the terms of this
Agreement. Upon notification from the City, Contractor shall be required to
replace any commercial and industrial containers that are no longer in acceptable
condition for their intended purpose.
5.03. Unusual Accumulations Collection: Contractor shall have no obligation
to collect Unusual Accumulations, and may charge for the collection of any
Unusual Accumulations in accordance with the rates set forth in Schedule "A."
5.04. Special Waste: Contractor is not required to accept, transport or manage
any Special Waste, unless it is specifically identified in a written agreement
between Contractor and Customer. Contractor may collect, and will have the
right to impose, a surcharge for the transportation and disposal of Special Waste,
depending on the quantities and any physical characteristics of the Special Waste
and any special handling, regulatory compliance or increased concern for worker
safety or environmental protection occasioned by the material.
5.05. Unacceptable Waste: Contractor shall not be obligated to collect Unacceptable
Waste. Title to Unacceptable Waste shall not pass to Contractor, and liability for
any unacceptable Waste shall remain with the generator of such Waste.
6. COLLECTION OPERATION:
6.01. Hours of Operation: Collection of Residential Waste shall begin no earlier than
7:00 A.M. and shall generally not extend beyond 7:00 P.M. No collection
Collection of Commercial Waste and Industrial Waste shall be collected at such
hours as may be determined by Contractor. No collection shall be made on
Sunday, unless requested by a Customer and agreed to by Contractor and City.
6.02. Routes of Collection: Collection routes shall be established by the Contractor as
reasonably approved by City. City shall provide Contractor with maps of the City
containing sufficient detail for Contractor to design collection routes. Contractor
shall provide to the City route maps for approval by the City, which approval
shall not be unreasonably withheld.
6.03. Holidays: The following shall be holidays for purposes of this Agreement:
New Year's Day
Memorial Day
Independence Day
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Labor Day
Thanksgiving Day
Christmas Day
Contractor may decide to observe any or all of the above-mentioned holidays by
suspension or collection service on the holiday, but the Contractor shall be
responsible for providing make-up collection for residential routes that occur on
specified holidays. Make-up days shall be the next business day following the
holiday.
6.04. Complaints: Customer complaints shall be directed by the City to Contractor, and
Contractor shall promptly resolve such complaint based on the nature of the
complaint. Contractor shall be responsible for maintaining a log of complaints
based on the information provided to Contractor by the City, and shall provide the
City, on a monthly basis, with copies of all complaints indicating the date and
hour of the complaint, nature of the complaint, and the manner and timing of its
resolution. Any alleged missed pickups will be investigated and, if such
allegations are verified, Contractor shall arrange for collection on the next
business day after receipt of such complaint. If the missed pickup is a result of
Customer related acts or omissions, the City shall take appropriate action to cause
such Customer to subsequently properly set out such Waste.
6.05. Collection Equipment: Contractor, at its sole cost and expense, agrees to furnish,
all trucks, equipment, machines, and labor which are reasonably necessary to
adequately, efficiently, and properly collect and transport garbage from
Customers serviced by Contractor in accordance with this Agreement. Collection
of Solid Waste shall be made using sealed packer-type trucks, and such
equipment shall not be allowed to leak nor scatter any waste within the limits of
the City nor while in route to the Disposal Site.
All motor vehicles used in performance of the obligations herein created shall be
clearly marked with the Contractor's name, telephone number and unit number
legible from 150 feet. No advertising shall be permitted on vehicles. All
collection equipment shall be maintained in a first class, safe, and efficient
working condition throughout the term of this Agreement. Such vehicles shall be
maintained and painted as often as necessary to preserve and present a well-kept
appearance, and Contractor shall have a regular preventative maintenance
program. City may inspect Contractor’s vehicles at any time to insure compliance
of equipment with this Agreement. Vehicles are to be washed on the inside and
sanitized with a suitable disinfectant and deodorant a minimum of once a month.
Such vehicles shall be washed and painted or repainted as often as necessary to
keep them in a neat and sanitary condition.
6.06. Disposal: The Contractor shall deliver Waste collected to a duly permitted
Disposal Site operated in compliance with rules stipulated by the TCEQ and/or
the U.S. Environmental Protection Agency.
6.07. Spillage: The Contractor shall not be responsible for scattered Refuse unless the
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same has been caused by Contractor, in which case all scattered Refuse shall be
picked up immediately by Contractor.
6.08. Vicious Animals: Employees of the Contractor shall not be required to expose
themselves to the dangers of vicious animals in order to accomplish Refuse
collection service. Contractor shall immediately notify the City, in writing, of
such condition and of his inability to make collection.
6.09. Protection From Scattering: Each vehicle shall be equipped with a cover which
may be net with mesh not greater than one and one-half (1-1/2) inches, or
tarpaulin, or fully enclosed metal top to prevent leakage, blowing or scattering of
refuse onto public or private property. Such cover shall be kept in good order and
used to cover the load going to and from the Disposal Site, during loading
operations, or when parked if contents are likely to be scattered. Vehicles shall
not be overloaded so as to scatter Refuse.
6.10. Point of Contact. All dealings and contacts between Contractor and the City
shall be directed between the Municipal Marketing Director of Contractor, or such
other individual identified by Contractor, and the Contract Administrator
designated by the City.
7. LICENSE AND TAXES:
Contractor shall obtain at its sole expense all licenses and permits required by the City
and the State, and shall maintain same in full force and effect.
8. BILLING:
(a) City shall provide billing and bill collection services for Residential Units during
the term of this Agreement. Contractor shall provide billing and bill collection services for
services rendered to Commercial and Industrial Units. Within thirty (30) days of the end of each
month during which collection services are provided by Contractor hereunder, Contractor shall
submit to the City an invoice setting forth sums due by the City to Contractor for services
rendered under this Agreement to Residential Units for the prior month. Invoices sent to
Commercial Units and Industrial Units by Contractor shall be paid within thirty (30) days after
receipt of such Customer. In addition, the City shall remit to the Contractor payment for services
rendered by Contractor to Residential Unit Customers within thirty (30) days after receipt of
invoice. Past due invoices shall bear interest at the highest rate permitted by law.
(c) The City shall be entitled to receive a fifteen percent (15%) franchise fee (the
"Franchise Fee") for all services rendered by Contractor hereunder to Residential Units,
Commercial Units and Industrial Units. Contractor shall pay the City the Franchise Fee based on
payments actually received from collection and disposal of Residential Waste, Commercial
Waste and Industrial Waste, to be paid by Contractor within thirty (30) days after the last day of
the month of Contractor’s receipt of such payment.
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9. MODIFICATION TO RATES:
9.01 CPI Adjustment .
(a) Base Rates charged by Contractor for services to Residential Units will
remain fixed as set forth on Schedule "A" and will not be adjusted for changes in
the CPI (as hereinafter defined), until November 1, 2010. Commencing on
Novmeber 1, 2010 and continuing annually on each anniversary date of the
Commencement Date of this Agreement, Base Rates for Residential services shall
be adjusted by the same percentage as the Consumer Price Index, Dallas/Fort
Worth Region for All Urban Consumers, less energy, Not Seasonally Adjusted,
Base Period December 1983 = 100 (published by the United States Bureau of
Labor Statistics, Consumer Price Index) (the “C.P.I.”) shall have increased during
the preceding twelve months. In the event the U.S. Department of Labor, Bureau
of Labor Statistics ceases to publish the C.P.I., the parties hereto agree to
substitute another equally authoritative measure of change in the purchasing
power of the U.S. dollar as may be then available so as to carry out the intent of
this provision. Contractor agrees to cap this CPI adjustment at a maximum of six
percent (6%) for any single year.
(b) Base Rates for Commercial Unit and Industrial Unit Roll-Off Bin services
will increase by two percent (2%) on November 1, 2009. Beginning November 1,
2010, adjustments to the Base Rates for these Commercial Unit and Industrial
Unit Roll-Off Bin services will be made pursuant to the terms of Section 9.01(a)
above. Contractor agrees to cap this CPI adjustment for Commercial Unit and
Industrial Unit Roll-Off Bin services at a maximum of six percent (6%) for any
single year.
9.02 Fuel Adjustment. Annually, on each November 1 of this Agreement, the Base
Rates shall be subject to a fuel surcharge as follows:
The diesel fuel price shall be as determined by reference to the Energy Information
Administration of the US Department of Energy (“EIA/DOE”)’s Weekly Retail On
Highway Diesel Prices for the Gulf Coast. The EIA/DOE currently publishes these prices
on their website at the following location:
http://tonto.eia.doe.gov/oog/info/wohdp/diesel.asp.
When, according to the EIA/DOE index, diesel fuel ranges between $3.75 to $4.25 per
gallon, Contractor will not be entitled to an additional fuel surcharge.
The determination of the average price of diesel fuel from the aforesaid website shall be
made on the first Monday prior to September 1 of the subject year (or the first business
day thereafter if such Monday is a Federal Holiday), and shall represent the 12-month
diesel fuel average from September of the preceding year through August of the current
year. If the one-year average is outside the range stated above, Contractor shall adjust the
rates by one percent (1%) for each twenty-five cents ($0.25) per gallon that fuel prices
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have changed.
9.03 Additional Adjustments. Contractor shall also be entitled to an increase in Base
Rates from time to time during the term of this Agreement, and upon thirty (30) days'
written notice to the City, for increases in the Contractor’s costs, due to changes in
federal, state or local laws, rules or regulations, and increases in taxes, tariffs or
surcharges. Documentation of such increases shall be submitted to the City at its request.
10. CITY'S OBLIGATIONS:
The City agrees to perform all obligations required of the City pursuant to the terms of
this Agreement, including, but not limited, the following:
(a) The City shall designate the Contract Administrator, who shall communicate City
decisions to Contractor on a timely basis from time to time as required under this
Agreement;
(b) When applicable, the City shall notify Contractor of Customers to be added or
dropped from Contractor services, or of any change in Customer service and shall
require all Residential Unit, Commercial Unit, and Industrial Unit Customers to
utilize Contractor’s services pursuant to this Agreement;
(c) The City shall timely inform Contractor of complaints made by Customers;
(d) The City shall work with Contractor in good faith to resolve complex Customer
service issues; and
(e) The City will cooperate with Contractor to educate Customers to encourage,
promote and obtain proper Waste disposal as required by this Agreement,
including educating Residential Unit Customers to assure proper and timely set
out, and proper recycling techniques to minimize contamination.
11. COMPLIANCE WITH LAWS:
Contractor, its officers, agents, employees, contractors, and subcontractors, shall abide by
and comply with all existing laws and laws which may be enacted by the federal, state, and local
governments. It is expressly agreed that nothing in this Agreement shall be construed in any
manner to abridge the right of City to pass or enforce necessary police and health regulation for
the protection of its inhabitants. It is further agreed and understood that, if the City calls the
attention of Contractor to any such violations on the part of the Contractor, its officers, agents,
employees, contractors, or subcontractors, then Contractor shall immediately desist from such
activity and correct such violation.
12. OFFICE:
Contractor shall maintain an office or such other facility through which it may be
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contacted by telephone without charge. Such office shall be equipped with sufficient telephones
and shall have a responsible person in charge between the hours of 8:00 a.m. and 5:00 p.m.,
Monday through Friday.
13. ENFORCEMENT:
City grants unto Contractor the right to seek an injunction against any third party which is
believed to be infringing on the rights of Contractor to this Agreement, including Contractor's
exclusive franchise rights granted herein. By granting this right to Contractor, the City in no way
reduces its right or obligation to enforce this Agreement or any other City ordinance relating to
the collection and disposal of Waste. Furthermore, Contractor shall have all rights and remedies
available to it under Texas law to collect delinquent payment of fees by City and/or Commercial
Unit and Industrial Unit Customers. The City agrees to take all steps necessary and permitted by
law to require Customers to comply with the terms of this Agreement.
14. TRANSFERABILITY OF AGREEMENT:
Other than by operation of law, no assignment of the Agreement or any right accruing
under the Agreement shall be made in whole or in part by the Contractor without the express
written consent of the City, which consent shall not be unreasonably withheld. Upon the
assignment, the assignee shall assume the liability of the Contractor. Notwithstanding anything
contained herein to the contrary, Contractor shall be permitted to assign this Agreement to an
affiliate of Contractor without the City's consent.
15. LANDFILL CAPACITY:
Contractor shall have and maintain during the term hereof, adequate disposal capacity for
the City’s needs.
16. TERMINATION:
Except as otherwise provided herein, if either party defaults in the performance of any of
the covenants or conditions contained herein, and fails to cure such default within thirty (30)
days after the non-defaulting party has given the defaulting party written notice of such default
(or if such default is of a nature that it cannot be cured within such thirty (30) day period, the
defaulting party fails to commence the curing of such default within such thirty (30) day period,
and fails to thereafter diligently pursue the curing thereof) (the "Cure Period"), the non-
defaulting party may: (a) terminate this Agreement as of any date which the non-defaulting party
may select, provided said date is at least thirty (30) days after the expiration of the Cure Period;
(b) cure the default at the expense of the defaulting party; and/or (c) have recourse to any other
right or remedy to which it may be entitled by law, including, but not limited to, the right to all
damages or losses suffered as a result of such termination. In the event either party waives
default by the other party, such waiver shall not be construed or determined to be a continuing
waiver of the same or any subsequent breach or default.
17. ARBITRATION:
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The parties shall endeavor to settle all disputes under, or relating to, this Agreement by
amicable negotiations. Except as otherwise provided herein, any claim, dispute, disagreement or
controversy that arises among the parties under or relating to this Agreement that is not amicably
settled shall be submitted to mediation. If the parties remain unable to resolve the controversy
through mediation, then the claim, dispute, disagreement or controversy shall be resolved by
binding arbitration administered by the American Arbitration Association under its Commercial
Arbitration Rules as follows:
(a) An arbitration may be commenced by any party to this Agreement by the service
of a written request for arbitration (“Request for Arbitration”) upon the other party. Such
Request for Arbitration shall summarize the controversy or claim to be arbitrated.
(b) The arbitration shall be heard in Dallas, Texas, before an arbitration panel
comprised of three (3) arbitrators. Upon initiation of a Request for Arbitration by either
party hereto, each party, within fifteen (15) days of the date of the Request for
Arbitration, shall select an arbitrator. The arbitrators selected by the claimant and
respondent shall, within ten (10) days of their appointment, select a third neutral
arbitrator. In the event the two arbitrators are unable to agree upon a third arbitrator, then
the American Arbitration Association (“AAA”) shall appoint the third neutral arbitrator.
Prior to commencement of hearings, each of the arbitrators appointed shall provide an
undertaking of impartiality. In determining the appropriate background of the third
arbitrator, the first two arbitrators shall give due consideration to the issues to be
resolved.
(c) All attorneys’ fees and costs of the arbitration shall in the first instance be borne by
the respective party incurring such costs and fees, but the arbitrator shall have the
discretion to award costs and/or attorneys’ fees as the arbitrator deems appropriate under
the circumstances.
(d) Judgment on the award rendered by the arbitrator may be entered in any court
having jurisdiction thereof.
18. FORCE MAJEURE:
The performance of this Agreement may be suspended and the obligations of either party
excused in the event of and during the period that such performance is prevented or delayed by a
Force Majeure occurrence. "Force Majeure" shall mean:
(a) Any actual or threatened act of God, including hurricanes, tornadoes, landslides,
lightning, earthquakes, weather conditions, fire, flood, explosion, sabotage or similar
occurrence, acts of a public enemy, extortion, war, blockade or insurrection, riot, civil
disturbance, strike or other labor disturbances, governmental actions or regulations,
governmental requests or requisitions for national defense, or breakdown or injury to, or
shortage in, facilities used for the handling, processing or transportation of Solid Waste
or any other cause beyond the reasonable control of either party;
(b) The order or judgment of any federal, State, or local court, administrative agency
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or governmental body (excluding decisions of federal courts interpreting federal tax laws,
and decisions of State courts interpreting State tax laws) if it is not also the result of the
willful misconduct or negligent action or inaction of the party relying thereon; provided
that neither the contesting in good faith of any such order or judgment nor the failure to
so contest shall constitute or be construed as a measure of willful misconduct or negligent
action or inaction of such party;
(c) The suspension, termination, interruption, denial, or non-renewal of any permit or
approval essential to the operation of the Contractor; or
(d) A Change in Law. "Change in Law" means (i) the adoption, promulgation, or
modification or reauthorization after the date of this Agreement of any law, regulation,
order, statute, ordinance, rule or binding judicial or administrative ruling that was not
adopted, promulgated, modified or reissued on or before the date of this Agreement, or
(ii) the imposition of any material conditions in connection with the issuance, renewal, or
modification of any permit, license, registration, notice of intent or approval after the date
of this Agreement, which in the case of either (a) or (b) establishes requirements affecting
a party’s operation under this Agreement more burdensome than the requirements that are
applicable to such party and in effect as of the date of this Agreement. A change in any
federal, State, county, or other tax law or workers compensation law shall not be a
Change of Law. However, in the event that a federal, State or local entity imposes a fee,
charge or tax after the date of this Agreement that applies to a party’s operations per se,
such fee, charge or tax shall be treated as a Change in Law.
19. EVIDENCE OF INSURANCE:
Contractor shall procure and maintain for the duration of the Agreement, with a carrier
reasonably acceptable to City, insurance against claims for injuries to persons or damages to
property, which may arise from or in conjunction with the performance of the work hereunder by
the Contractor, its agents, representatives, employees, or subcontractors. The policy or policies
shall name the City as an additional insured, subject to Contractor's indemnities set forth herein,
and shall contain a clause that the insurer will not cancel or decrease the insurance coverage
without first giving the City thirty (30) days notice in writing. The cost of such insurance shall
be borne by the Contractor and a Certificate of Insurance evidencing that such insurance has
been procured and is in force will be forwarded to the City before commencement of work
hereunder.
Minimum Limits of Insurance:
Type Coverage Per Occurrence
Minimum
Aggregate
Minimum
Workers Compensation
As required by law and shall
cover all employees including
drivers.
As required by law.
Comprehensive &
General Public Liability
$1,000,000 $1,000,000
Property Damage
$1,000,000 $1,000,000
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Comprehensive Auto
Liability
Bodily Injury
$1,000,000
Comprehensive Auto
Liability-
Property Damage
$500,000
20. INDEMNITY:
The Contractor shall indemnify City against any claims, actions, or suits, including court
costs and reasonable attorneys’ fees, to the extent caused by Contractor’s negligent or willful
misconduct in providing the services required by this Agreement. Upon obtaining knowledge of
any matter giving rise to possible indemnification, the City shall notify the Contractor
immediately. The Contractor shall have the right to defend or contest any such claim or demand
in the name of the City. The City shall provide such cooperation in connection therewith as the
Contractor may reasonably request and shall make available to the Contractor or its
representatives all records and other materials reasonably required in such defense. So long as
the Contractor is contesting or defending any such claim or demand in good faith, no amount
shall be deemed to be due hereunder unless the City has been required by order of any court to
pay any sum arising from the subject matter of the suit.
21. OWNERSHIP:
Title to Waste shall pass to Contractor when placed in Contractor’s collection vehicle.
Title to Unacceptable Waste shall remain with the generator of such Unacceptable Waste.
22. SEVERABILITY:
Should any portion of this Agreement be deemed invalid or unenforceable to any extent,
the parties hereto agree that such provision shall be amended to the minimum extent necessary to
make such provision enforceable, and the remainder of this Agreement shall not be affected
thereby.
23. PRIOR AGREEMENTS:
This Agreement contains the entire agreement between the parties hereto with respect to
the matter set forth herein and supersedes any existing agreement between the parties with
respect to the matters contained herein. No provision of any other document, including any
request for proposal, shall be deemed incorporated herein, it being the intent of the parties that
this Agreement sets forth the full agreement of the parties with respect to the services described
herein. No change, alteration or amendment will be binding on either party unless set forth in a
document duly executed by all parties hereto.
24. RECORDS:
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City and Contractor agree to maintain at their respective places of business adequate
records relating to the performance of their respective duties under this Agreement. Such
records shall be made available at any time during reasonable business hours for inspection by
the other party, at the inspecting party’s expense, and upon reasonable advance notice; provided,
however, only records directly relating to this Agreement and necessary to substantiate invoicing
must be disclosed to the other party. Additionally, within ninety (90) days of the end of each
Agreement year, Contractor shall provide the City with a statistical report identifying the number
of homes serviced in the previous contract year, and providing data on the volume of garbage,
recycling, and yard trimmings collected.
25. ATTORNEY’S FEES AND VENUE:
In the event suit is filed by either party as a result of the performance or non-performance
of the terms set forth in this Agreement, notwithstanding the provisions of Chapter 271 of the
Texas Local Government Code, the prevailing party shall recover it attorney fees and court costs,
with venue of any such action to be in Denton County, Texas.
26. NOTICES:
All notices or other communications required or permitted to be given pursuant to this
Agreement shall be in writing and shall be considered as properly given (i) if mailed by first
class United States mail, postage prepaid, registered or certified with return receipt requested, (ii)
by delivering same in person to the intended addressee, (iii) by delivery to an independent third
party commercial delivery service for same day or next day delivery and providing for evidence
of receipt at the office of the intended addressee, or (iv) by prepaid telegram, telex, or facsimile
to the addressee. Notice so mailed shall be effective upon its deposit with the United States
Postal Service or any successor thereto; notice sent by such a commercial delivery service shall
be effective upon delivery to such commercial delivery service; notice given by personal
delivery shall be effective only if and when received by the addressee; and notice given by other
means shall be effective only if and when received at the office or designated place or machine
of the intended addressee. Notwithstanding anything contained herein to the contrary, any notice
of default under this agreement must be both (i) mailed by Certified Mail, Return Receipt
Requested and (ii) faxed to the alleged defaulting party to constitute proper notice hereunder.
For purposes of notice, the addresses of the parties shall be as set forth below; provided,
however, that either party shall have the right to change its address for notice hereunder to any
other location within the continental United States by the giving of thirty (30) days' notice to the
other party in the manner set forth herein.
If to the City, at: Clay Phillips
City of Coppell
P.O. Box 9478
Coppell, Texas 75011
If to the Contractor at: Waste Management of Texas, Inc.
1600 C South Railroad
Lewisville, Texas 75067
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with a copy to: Waste Management of Texas, Inc.
9708 Giles Lane
Austin, Texas 78754
Attn: Senior Legal Counsel; and
CT Corporation System
350 North St. Paul Street
Dallas, Texas 75201
or such other addresses as the parties may hereafter specify by written notice delivered in
accordance herewith.
27. DISCRIMINATION PROHIBITED:
Contractor, in the execution, performance, or attempted performance of this Agreement,
shall not discriminate against any person or persons because of sex, race, religion, color, or
national origin. Contractor must be an equal opportunity employer.
28. APPROPRIATION; SOVEREIGN IMMUNITY:
The City hereby agrees and acknowledges that the non-appropriation provisions set forth
in the Texas Constitution and Local Government Code are not applicable to this Agreement due
to the nature of the services rendered by Contractor hereunder, and the City will not use such
statute as a defense to payment hereunder. In addition, the City and Contractor acknowledge that
this Agreement is subject to the provisions of Chapter 271 of the Texas Local Government Code,
specifically including §§ 271.151 through 271.160 of that Code, and including the attorney’s fees
provisions of §271.159. Subject to the agreements and modifications of the parties herein with
respect to the City’s waiver of immunity to suit, both parties agree that governmental or
sovereign immunity is not a defense to suit or liability to enforce the terms of this Agreement,
including actual, consequential and lost profit damages resulting from the City’s breach of this
Agreement, and Contractor shall be entitled to sue the City for the City’s breach of this
Agreement and collect all actual, consequential and/or lost profit damages arising from such
breach. The parties further agree that the City waives the right to assert sovereign immunity in a
breach of contract action involving the parties, and that all contractual damages, including
recovery of consequential damages and/or loss profit, shall be available in litigation between the
parties with the recovery of attorneys’ fees provided by TCPRC §38.01, et seq.
29. STORM DEBRIS:
Contractor and City understand and agree that also, in the event of a hurricane, tornado,
major storm, natural disaster, Contractor shall have no obligation under this Agreement to collect
any storm debris resulting therefrom, except as set forth in Article 30(b) below.
30. OTHER SERVICES:
MUNICIPAL SOLID WASTE COLLECTION AND TRANSPORTATION AGREEMENT - Page 19
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(a) Contractor agrees to provide $12,000.00 to the City each year that the Agreement
is in effect to support the community. Contractor agrees to make these funds available each year
in one lump sum or split into multiple sums for multiple events, at the City’s discretion.
(b) Contractor will provide up to $15,000.00 of waste collection services, at no cost
to the City, during each Agreement year to assist the City in cleaning up and recovering from
local natural disasters such as, flood, damaging winds, and other acts of God. If the City does
not use any of the $15,000.00 in services available during an Agreement year, then the
Contractor will issue a check to the City in the amount of $15,000.00. If the City uses only a
portion of the $15,000.00 in services, then Contractor will issue a check to the City for the
difference between the $15,000.00 and the amount actually used for such services.
(c) Contractor shall provide to the City, at no additional cost to the City:
(i) Waste collection and disposal services utilizing Dumpsters to all City
owned facilities. In the event that the City becomes the owner or operator
of a waste water treatment plant during the Term of this Agreement, waste
from such facility is excluded; however, the City and Contractor agree to
work cooperatively to negotiated mutually acceptable rates for such waste
disposal;
(ii) twelve (12) Roll-Off Container pulls per Agreement year, for City
sponsored events and activities. City will pay for any pulls over twelve, at
a 25% discount off the then-current rate schedule as reflected in Schedule
A;
The City may access the landfill for disposal of acceptable waste materials utilizing their own
resources to a maximum of 450 cubic yards per Agreement year. Any waste material delivered
to the landfill by the City in City owned or leased vehicles in excess of this amount shall pay the
then posted gate rate less 10%.
(d) Recycling Rebate: As an incentive to increase recycling within the City,
Contractor shall pay to the City, on a monthly basis, a recycling rebate (the “Recycling
Rebate”) equal to $14.00 (adjusted annually for CPI pursuant to Section 9.01 above) per
ton of Recyclable Materials collected by Contractor under this Agreement for each ton in
excess of 29 pounds per Residential Unit serviced by Contractor under this Agreement
per month. The actual average volume of Recycable Materials per Residential Unit per
month (the “Actual Average Volume”) shall be determined by (i) the total tonnage of
Recyclable Materials collected by Contractor under this Agreement during such month,
(ii) divided by the number of Residential Units serviced by Contractor under this
Agreement for such month. The difference between the Actual Average Volume per
month, minus 29 pounds, shall be (i) converted to tons, and (ii) multiplied by $14.00 per
ton to determine the monthly Recycling Rebate payable by Contractor to the City. An
example of such Recycling Rebate calculation is attached hereto as Schedule ___ and
incorporated herein. The $14.00 per ton rebate is based on the Official Board Markets’
Yellow Sheets in effect on the Commencement Date of this Agreement.
MUNICIPAL SOLID WASTE COLLECTION AND TRANSPORTATION AGREEMENT - Page 20
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(e) Residents of the City shall be entitled to free disposal once per month at
Contractor’s DFW landfill located in Lewisville, Texas. The user of the service must present a
valid driver’s license and water bill dated within the preceding sixty (60) days with the same
address. The residential user may not use the free dumping privilege for disposal of non-
residential or commercial waste. Contractor shall have the right to refuse any loads under the
free dumping privilege which violate any rules established by Contractor.
(f) For residents of the City that are handicapped or require special service,
Contractor shall provide a refuse collection program that will aid in their needs. Handicapped
persons will be required to contact the City. The City shall determine whether the resident
qualifies for handicapped or special service. Contractor and the City will coordinate such
program with the removal of the Residential Waste from their home. Contractor’s employees
shall not be required to enter any gated areas for collection of Residential Waste from
handicapped residents.
EFFECTIVE AS OF THE ____ DAY OF _____________, 2008.
CITY: CONTRACTOR:
CITY OF COPPELL, TEXAS WASTE MANAGEMENT OF TEXAS, INC.
_________________________________ _____________________________________
BY: ____________________________ BY:
Mayor __________________________ ITS:
ATTEST:
_________________________________
City Secretary,
City of Coppell, Texas
APPROVED:
_________________________________
City Attorney
MUNICIPAL SOLID WASTE COLLECTION AND TRANSPORTATION AGREEMENT - Page 21
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SCHEDULE “A”
Base Rates
CITY OF COPPELL
SOLID WASTE PRICING SCHEDULE
MUNICIPAL SOLID WASTE COLLECTION AND TRANSPORTATION AGREEMENT - Page 22
C:\temp\XPgrpwise\Coppell Contract 9-17-08.doc
Commencement of contract● No changes● Education6 months● Provide 95-gallon Recycling Carts70% of residents surveyed would prefer to collect recyclable materials in carts rather than the bins - with those carts provided by the vendor● Increase household participation rate for recycling from 50% to 65%● Increase landfill diversion rate from 11% to 20%47% of residents surveyed would prefer a 95-gallon cart; 29% would prefer a 64-gallon cart● Increase recycling rebates from Waste Management10 months● Evaluate the diversion rate of recyclables12 months● Evaluate the program for every other week pick-up / and if necessary, move forward 58% of residents surveyed said that a rate reduction would be required to go to once a week pick-up● Maintain Recycling Rates ● Reduce EmissionsCost reductionCommencement of contract● Education ● Increase participation rate● Increase landfill diversion rate from 8% to 12%Recycling MilestonesYard Trimming Milestones GoalsS lid W t Mil tDate Actions Supporting DataDate Actions Goals
Commencement of contract● No changes● Educate Residents12 months● Provide 95-gallon carts with two times a week pick-up73% of residents surveyed agreed that carts are an efficient way to store trash● Reduce waste going to landfill71% of residents surveyed agreed that using the carts would help eliminate blowing trash and minimize the attraction of animals● Minimize attraction of animals ● Be in compliance with Storm Water Management Plan ● Minimize litter in alleys 18 months● 95 gallon cart with once a week pick-up72% of residents surveyed agreed they would not support once a week trash pick up unless the savings were significant● Environmentally Friendly ● Less truck damage to streets, alleys and right-of ways82 % of residents surveyed agree that most importantly the city ensures the best service at the best price.Cost ReductionDate Actions Supporting Data GoalsSolid Waste Milestones
SCHEDULE “A”
CITY OF COPPELL RESIDENTIAL SOLID WASTE RATE SCHEDULE EFFECTIVE NOVEMBER 1, 2008
The rates listed cover a variety of service options for the City of Coppell. These
rates are guaranteed through October 31, 2009. Rates are stated as a monthly
charge and include a 15% franchise fee to the City. After October 31, 2009, the
rates will be modified based upon the terms and conditions of the Municipal Solid
Waste Collection and Transportation Agreement.
CURRENT SERVICE OF TWICE PER WEEK BAG COLLECTION OF TRASH,
ONCE PER WEEK 18-GALLON BIN COLLECTION OF RECYCLING AND
ONCE PER WEEK COLLECTION OF YARD TRIMMINGS………………$14.86
OPTIONS:
A. ONCE PER WEEK 96-GALLON CART COLLECTION OF TRASH, ONCE
PER WEEK 18-GALLON BIN COLLECTION OF RECYCLING, AND
ONCE PER WEEK COLLECTION OF YARD TRIMMINGS…………$13.10
B. TWICE PER WEEK 96-GALLON CART COLLECTION OF TRASH,
ONCE PER WEEK 18-GALLON BIN COLLECTION OF RECYCLING,
AND ONCE PER WEEK COLLECTION OF YARD TRIMMINGS…$17.56
C. ONCE PER WEEK 96-GALLON CART COLLECTION OF TRASH, ONCE
PER WEEK 64-GALLON CART COLLECTION OF RECYCLING, AND
ONCE PER WEEK COLLECTION OF YARD TRIMMINGS…………$14.20
D. TWICE PER WEEK BAG COLLECTION OF TRASH, ONCE PER WEEK
64-GALLON CART COLLECTION OF RECYCLING, AND ONCE PER
WEEK COLLECTION OF YARD TRIMMINGS……………………….$15.92
E. ONCE PER WEEK 96-GALLON CART COLLECTION OF TRASH, EVERY
OTHER WEEK 64-GALLON CART COLLECTION OF RECYCLING, AND
ONCE PER WEEK COLLECTION OF YARD TRIMMINGS…………$13.20
F ONCE PER WEEK 96-GALLON CART COLLECTION OF TRASH, ONCE
PER WEEK 96-GALLON CART COLLECTION OF RECYCLING, AND
ONCE PER WEEK COLLECTION OF YARD TRIMMINGS…………$14.35
G ONCE PER WEEK 96-GALLON CART COLLECTION OF TRASH, EVERY
OTHER WEEK 96-GALLON CART COLLECTION OF RECYCLING, AND
ONCE PER WEEK COLLECTION OF YARD TRIMMINGS…………$13.25
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Police
October 14, 2008
7
✔
PROCLAMATION
Consider approval of a Proclamation naming the week of October 23 through October 31, 2008 as RED RIBBON WEEK,
and authorizing the Mayor to sign.
Along with other Metrocrest cities, the City of Coppell, through its representatives, has participated in the Metrocrest
Red Ribbon Campaign Committee's efforts to combat alcohol & drug abuse in our communities. It is our desire to
present a uniformed and visible commitment toward a drug-free community, particularly during the Texas Red Ribbon
Week, October 23 - 31, 2008. Members of the Police Department as well as various school and city officials will attend
a Red Ribbon breakfast on October 24th to gear up for the event. McGruff and Coppell Police Officers will make visits
to the elementary schools in Coppell. Red Ribbons have been distributed and will be worn to promote the week and
all city owned vehicles will display red ribbons. Therefore, submitted herewith is a proclamation for consideration by
City Council to proclaim October 23 - 31, 2008 as RED RIBBON WEEK.
Staff recommends approval.
)Red Ribbon Week
Proclamation
WHEREAS, tobacco, alcohol, and other drug use has reached epidemic stages in the
United States, with the 15-24 year old age group dying at a rate which is higher than that of any
other age group; and
WHEREAS, in an effort to combat the continuing demand for drugs in our country, it is
imperative that our community launch a visible, unified prevention education effort directed
toward both youth and adult age groups; and
WHEREAS, Texans’ War on Drugs is sponsoring the Red Ribbon Campaign all across
our State during Red Ribbon Week, October 23 through October 31, 2008, to offer Texans the
opportunity to demonstrate their commitment to drug-free lifestyles; and
WHEREAS, individuals and groups in business, government, law enforcement,
education, religious institutions, athletic and service organizations, and others will demonstrate
their commitment to drug-free, healthy lifestyles by wearing and displaying Red Ribbons during
Red Ribbon Week; and
WHEREAS, the Coppell Police Department desires to present a uniformed and visible
commitment toward a drug-free community, particularly during the Texas Red Ribbon Week,
and plan to involve all segments of our community: schools, churches, businesses and industry,
media, and City employees.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the City of Coppell, do hereby
proclaim the week of October 23 through October 31, 2008 as
“Red Ribbon Week”
in the City of Coppell, Dallas County, Texas. The Mayor and City Council call on all citizens to
join in this worthwhile campaign toward a drug-free community.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of
Coppell to be affixed this ___________ day of October 2008.
____________________________________
Douglas N. Stover, Mayor
ATTEST:
____________________________________
Libby Ball, City Secretary
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
City Manager
October 14, 2008
8
✔
PROCLAMATION
Consider approval of a proclamation proclaiming the month of October as Breast Cancer Awareness Month, and
authorizing the Mayor to sign.
Staff recommends approval.
!Breast Cancer Awareness Month-1AR
PROCLAMATION
WHEREAS, this year nearly 182,460 new cases of breast cancer will be diagnosed among
women in the United States and approximately 40,480 women in the U.S. die from the disease;
and
WHEREAS, one in eight women born today will be diagnosed with breast cancer at
some time in their lives and approximately 450 men in the U.S. will die from the disease this
year; and
WHEREAS, every woman is at risk, as nearly 90 percent of all women diagnosed with
breast cancer have no family history or known risk factors; and
WHEREAS, there is no known cause of non-inherited breast cancer and there is no
prevention; and
WHEREAS, breast cancer costs this country more than $6 billion each year in medical
costs and lost productivity, and it costs families much more; and
WHEREAS, mammography does not prevent or cure breast cancer – it can only detect it
earlier. Earlier detection followed by treatment increases the odds of living longer and when
breast cancer is not diagnosed earlier, it is more deadly and expensive to treat.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, do hereby
proclaim the month of October 2008 as
“National Breast Cancer Awareness Month”
IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to
be affixed this ___________ day of October 2008.
_____________________________________
Douglas N. Stover, Mayor
ATTEST:
_______________________
Libby Ball, City Secretary
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ ȱ ȱ
City Manager
October 14, 2008
9
✔
PRESENTATION
Presentation by City Staff regarding Coppell Environmental Management System.
Members of City staff will present to Council an update regarding the implementation of the EMS. The staff has been
working with TCEQ and Culture Technologies as one of eleven selected communities in Texas.
!Environmental
AGENDA REQUEST FORM
DATE: October 14, 2008
ITEM #: 10
CITIZENS' APPEARANCES
ORDINANCE NO. 2001-964
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND
PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE
FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR
CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting
City Council Meetings," be, and the same is hereby, amended to read as follows:
"ARTICLE 1-10
RULES, TIMES AND PROCEDURES FOR CONDUCTING
CITY COUNCIL MEETINGS
". . .
1-10-6.2.1 CITIZENS APPEARANCE
Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must
sign a register and list their residence address, provided by the City Secretary on a table outside the Council
Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or
special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals
during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be
extended for an additional two (2) minutes with the approval of a majority of the Council members present.
There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting.
Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they
have signed the provided register. No personal attacks by any speaker shall be made against any member of the
Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12).
Agenda Request Form - Revised 09/02 Document Name: %citapp.doc
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Secretary
October 14, 2008
11/A
✔
PROCEDURAL
Consider approval of minutes: September 23, 2008
October 2, 2008.
Minutes of the City Council meetings held on September 23, 2008 and October 2, 2008.
Staff recommends approval.
%minutes
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Page 1 of 10
MINUTES OF SEPTEMBER 23, 2008
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, September 23, 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
Marvin Franklin, Mayor Pro Tem
Tim Brancheau, Councilmember (late arrival)
Jayne Peters, Councilmember
Brianna Hinojosa-Flores, Councilmember (late arrival)
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Karen Hunt, 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.
B. Section 551.074, Texas Government Code -
Personnel Matters.
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1. Appointment of Municipal Judge and Alternate
Judges.
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.
Councilmembers Brancheau and Hinojosa-Flores arrived before
convening into Executive Session.
Mayor Stover convened into Executive Session at 5:38 p.m. as
allowed under the above-stated article. Mayor Stover adjourned
the Executive Session at 6:06 p.m. and opened the Regular
Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding Board/Commission Orientation
B. Review of Service Organization Funding Request
Process.
C. Discussion of Agenda Items.
RECEPTION FOR BOARD / COMMISSION / COMMITTEE
MEMBERS IN ATRIUM FROM 6:00 PM TO 7:00 PM.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Monsignor Leon Duesman of St. Ann Catholic Church led those
present in the Invocation.
6. Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
7. Consider approval of an Ordinance appointing a Presiding
Municipal Judge and Alternate Municipal Judges of the
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Page 3 of 10
Coppell Municipal Court of Record No. 1 of the City of
Coppell; and authorizing the Mayor to sign.
Action:
Councilmember Peters moved to approve Ordinance No.
2008-1208 appointing a Presiding Municipal Judge and Alternate
Municipal Judges of the Coppell Municipal Court of Record No. 1
of the City of Coppell; and authorizing the Mayor to sign. Mayor
Pro Tem Franklin seconded the motion; the motion carried 7-0
with Mayor Pro Tem Franklin and Councilmembers Brancheau,
Peters, Hinojosa-Flores, Tunnell, Faught, and Hunt voting in favor
of the motion.
8. Swearing in of Municipal Judge and Alternate Municipal
Judges.
Mayor Stover swore in Marian Moseley as Municipal Judge and
Terry Landwehr and Kim Nesbitt as Alternate Judges.
9. Swearing in of newly appointed Board / Commission /
Committee members.
Mayor Stover swore in the newly appointed Board/Commission
members who were present.
10. Consider approval of a proclamation proclaiming the
week of October 5th through 11th, 2008, as Fire
Prevention Week, and authorizing the Mayor to sign.
Mayor Stover read the proclamation for the record and presented
the same to Chief Richardson and Deputy Chief Oates.
Action:
Councilmember Hinojosa-Flores moved to approve a proclamation
proclaiming the week of October 5th through 11th, 2008, as Fire
Prevention Week, and authorizing the Mayor to sign.
Councilmember Faught seconded the motion; the motion carried
7-0 with Mayor Pro Tem Franklin and Councilmembers
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Page 4 of 10
Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught, and Hunt
voting in favor of the motion.
11. Consider approval of a proclamation proclaiming
"National Night Out" on Tuesday, October 7, 2008, and
providing City Council Support and endorsement of
National Night Out festivities and authorizing the Mayor
to sign.
Mayor Stover read the proclamation for the record and presented
the same to Officer R.J. Harr, McGruff and The Knight.
Action:
Mayor Pro Tem Franklin moved to approve a proclamation
proclaiming "National Night Out" on Tuesday, October 7, 2008,
and providing City Council Support and endorsement of National
Night Out festivities and authorizing the Mayor to sign.
Councilmember Hunt seconded the motion; the motion carried
7-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught, and Hunt
voting in favor of the motion.
12. Citizens' Appearances
There was no one signed up to speak under this item.
CONSENT AGENDA
13. Consider approval of the following consent agenda items:
A. Consider approval of minutes: September 9, 2008.
B. Consider approval of an Ordinance amending the
Code of Ordinances by amending Article 1-10,
"Rules, Times and Procedures for Conducting City
Council Meetings," Section 1-10-4, "Types of
Meetings," Subsecton 1-10-4.1, "Regular Meetings,"
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Page 5 of 10
to provide for regular scheduled meeting of the City
Council; and authorizing the Mayor to sign.
C. Consider approval of an agreement with the Chaucer
Estates Homeowners Association with regard to
maintenance of a pond contained within the
subdivision common area; and authorizing the City
Manager to execute any necessary documents.
D. Consider approval of a bid award for Illuminated
Street Signs (Bid # Q-0908-04) to Consolidated
Traffic Controls, Inc. in the amount of $155,016.00
for 6-foot and 8-foot lighted street signs for various
intersections, as budgeted; and authorizing the City
Manager to sign and execute any necessary
documents.
E. Consider approval of a professional services
agreement with Brinson Benefits, Inc. for benefit
consulting services and other health and wellness
related services in the amount of $118,028 and
authorizing the City Manger to sign.
F. Consider approval of a contract for the renewal of
the Dallas County Health Services Agreement,
effective October 1, 2008 through September 30,
2009, in the amount of $3,131.00 and authorizing
the mayor to sign.
Action:
Councilmember Tunnell moved to approve Consent Agenda Items
A, B carrying Ordinance No. 2008-1209, and C, D, E and F.
Councilmember Peters seconded the motion; the motion carried
7-0 with Mayor Pro Tem Franklin and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught, and Hunt
voting in favor of the motion.
14. Consider approval of a Resolution approving the revised
Notice of Intention to issue Combination Tax and
Revenue Certificates of Obligation and authorizing the
Mayor to sign.
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Page 6 of 10
Mayor Pro Tem Franklin left the meeting during the reading of this
item.
Presentation:
Jennifer Miller, Director of Finance, made a presentation to the
Council.
Action:
Councilmember Peters moved to approve Resolution No.
2008-0923.1 approving the revised Notice of Intention to issue
Combination Tax and Revenue Certificates of Obligation and
authorizing the Mayor to sign. Councilmember Hinojosa-Flores
seconded the motion; the motion carried 6-0 with Councilmembers
Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught, and Hunt
voting in favor of the motion.
15. Consider approval of awarding bid RFP#0093 City of
Coppell Medical Plan Stop Loss Insurance to Aetna
Signature Administrators in the amount of $341,786 and
authorizing the City Manager to sign.
Presentation:
Jim Witt, City Manager, made a presentation to the Council.
Action:
Councilmember Tunnell moved to approve awarding bid RFP#0093
City of Coppell Medical Plan Stop Loss Insurance to Aetna
Signature Administrators in the amount of $341,786 and
authorizing the City Manager to sign. Councilmember Peters
seconded the motion; the motion carried 6-0 with Councilmembers
Brancheau, Peters, Hinojosa-Flores, Tunnell, Faught, and Hunt
voting in favor of the motion.
16. Consider approval of a professional services agreement
with United Medical Resources (UMR) to provide third
party health claim administration for the City of Coppell
Health Benefit Plan in the amount of $147,893 and
authorizing the City Manager to sign.
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Page 7 of 10
Presentation:
Jim Witt, City Manager, made a presentation to the Council.
Action:
Councilmember Hunt moved to approve a professional services
agreement with United Medical Resources (UMR) to provide third
party health claim administration for the City of Coppell Health
Benefit Plan in the amount of $147,893 and authorizing the City
Manager to sign. Councilmember Brancheau seconded the
motion; the motion carried 6-0 with Councilmembers Brancheau,
Peters, Hinojosa-Flores, Tunnell, Faught, and Hunt voting in favor
of the motion.
17. Consider approval of the Annual Report from the Coppell
Education Development Corporation.
Presentation:
Jim Witt, City Manager, made a presentation to the Council.
Action:
Councilmember Hunt moved to approve the Annual Report from
the Coppell Education Development Corporation. Councilmember
Brancheau seconded the motion; the motion carried 6-0 with
Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell,
Faught, and Hunt voting in favor of the motion.
18. Mayor and Council Reports.
A. Report by Mayor Stover regarding the Bond Rating.
B. Report by Mayor Stover regarding Hurricane Ike
Assistance.
C. Report by Councilmembers Brancheau and Faught
regarding GrapeFest Mayoral Grape Stomp.
A. Mayor Stover congratulated the staff and elected officials of
Coppell on receiving an AAA rating from Standards and Poor.
This is the highest rating and makes Coppell one of eight
cities in Texas with this honor.
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Page 8 of 10
B. Mayor Stover gave appreciation to the Coppell Firefighters
who provided assistance to Houston and Galveston with
Hurricane Ike. Two groups of seven went to South Texas to
provide relief.
C. Councilmembers Brancheau and Faught had the pleasure
and honor of representing the City of Coppell for the third
year in a row at the GrapeFest Mayoral Grape Stomp.
Dressed as The Grape Busters, they won the award for the
Best Costume.
19. Council Committee Reports.
A. Carrollton/Farmers Branch ISD/Lewisville ISD –
Tunnell
B. Coppell ISD – Peters and Hinojosa-Flores.
C. Coppell Seniors – Brancheau and Faught.
D. Dallas Regional Mobility Coalition – Peters.
E. DFW Airport Board – Peters.
F. International Council for Local Environmental
Initiatives (ICLEI) – Brancheau
G. Metrocrest Hospital Authority – Tunnell.
H. Metrocrest Medical Foundation – Hunt.
I. Metrocrest Medical Services – Hinojosa-Flores.
J. Metrocrest Social Service Center – Hunt.
K. North Texas Council of Governments – Peters.
L. NTCOG/Regional Emergency Management –
Franklin.
M. North Texas Commission – Franklin.
N. Senior Adult Services – Faught.
A. Councilmember Tunnell announced CFBISD and LISD have
set their tax rates and will be operating with a deficit budget.
College Night will be held at Ranchview High School on 10/2
and Homecoming will be on 10/3. Finally, LISD reported
50,000 students this year.
B. Councilmember Peters said the Grand Opening for the New
Tech High School was held on 9/21 and was well attended.
College Night will be 9/23 at the UNT Coliseum, and there
will be no school for CISD students on 10/10 and 10/13.
C. Councilmember Faught informed Council that the Potluck
Luncheon will be held on 9/24 with entertainment from the
Country Rhythm Makers. The 1st Annual Craft Sale will be
held on 9/27.
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D. Councilmember Peters stated that SH 121 Tollway opened
and is now complete from Coppell to Frisco. The Dallas
North Tollway is open to Highway 380.
E. Councilmember Peters attended the 1st Board Meeting in
early September and attended the re-opening of Founder’s
Plaza with City Manager Jim Witt.
F. Councilmember Brancheau reported a Networking Luncheon
with neighboring cities held in Denton. The City of Coppell
will host the next luncheon in January. The State
Conference will be held in March 2009 with the World
Conference scheduled for June 2009 in Edmonton.
G. Councilmember Tunnell said Metrocrest Hospital Authority
is working with Baylor and Methodist about buying into
syndicate at Trinity Hospital in Carrollton.
H. Councilmember Hunt reported the Stetson and Turquoise
Gala at Austin Ranch was well attended and a great success.
I. Councilmember Hinojosa-Flores announced the resignation
of the Board President. The next meeting will be 10/2.
J. Councilmember Hunt reported that Metrocrest Social
Services has been busy assisting the shelters with Hurricane
Ike evacuees.
K. Nothing to report.
L. Councilmember Hunt spoke for Mayor Pro Tem Franklin and
said that the summer meeting was canceled, so the next
meeting will be in October.
M. Councilmember Hunt also reported for Mayor Pro Tem
Franklin that the luncheon is scheduled for 9/29.
N. Councilmember Faught announced Project Lifesaver has
now been enacted and was paid for by the Town of Addison.
The Geico Golf Tournament is scheduled for 10/13 and the
Addison Bookworm Bash is scheduled for 11/7 & 8.
At this time, Mayor Stover reconvened into Work Session.
WORK SESSION (Open to the Public)
1. Convene Work Session
B. Discussion regarding Board/Commission
Orientation
C. Review of Service Organization Funding Request
Process.
D. Discussion of Agenda Items.
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Mayor Stover reconvened into Work Session at 8:27 p.m. as
allowed under the above-stated article. Mayor Stover adjourned
the Work Session at 8:52 p.m. and opened the Regular Session.
REGULAR SESSION (Open to the Public)
20. Necessary action resulting from Work Session.
There was no action necessary under this item.
21. Necessary action resulting from Executive Session.
Presentation:
Bob Hager, City Attorney, read the proposed motion.
Action:
Councilmember Brancheau moved to authorize the City Manager
to enter into and execute on behalf of the City of Coppell, Texas, a
settlement agreement with CB Parkway Business Center VI, Ltd.
and Tramell Crow 43, Ltd. in cause number CC-0515940-C and
cause number 05-07-00331 CV to settle said eminent domain
proceedings for the payment of one-half of the awarded attorneys
fee claim and dismissal with prejudice of all claims in said
proceedings. Councilmember Faught seconded the motion; the
motion carried 6-0 with Councilmembers Brancheau, Peters,
Hinojosa-Flores, Tunnell, Faught, and Hunt voting in favor of
the motion.
There being no further business to come before the City Council, the
meeting was adjourned.
____________________________________
Douglas N. Stover, Mayor
ATTEST:
____________________________________
Libby Ball, City Secretary
MINUTES OF OCTOBER 2, 2008
The City Council of the City of Coppell met in Special Called Session on
Thursday, October 2, 2008, at 6:00 p.m. in the Fire Trainning Room of Fire
Station #3, 133 Parkway Boulevard and City Council Chambers of Town
Center, 255 Parkway Boulevard, Coppell, Texas. The following members were
present:
Doug Stover, Mayor
Marvin Franklin, Mayor Pro Tem
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Brianna Hinojosa-Flores, Councilmember
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Karen Hunt, Councilmember
Also present were City Manager Jim Witt, City Secretary Libby Ball and City
Attorney Robert Hager.
WORK SESSION (Open to the Public)
1. Convene Work Session
A. Board/Commission Orientation.
The Board/Commission Orientation was held in the Fire Training Room
of Fire Station #3 after which Mayor and Council convened Executive
Session in the 2nd Floor Conference Room of Town Center.
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
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District Court; and City of Coppell, et al vs. City of
Dallas, et al in the 101st District Court.
Mayor Stover convened into Executive Session at 6:58 p.m. as allowed
under the above-stated article. Mayor Stover adjourned the Executive
Session at 7:45 p.m. and opened the Special Session.
SPECIAL SESSION (Open to the Public)
3. Necessary action resulting from Executive Session.
Mayor Pro Tem Franklin moved to approve Resolution # 2008-1002.1
approving a Settlement Agreement, Purchase and Sale Agreement, and
North Lake Water Supply Planning Agreement, and authorize the Mayor
and/or City Manager to sign; and authorizing any minor non-material or
non-substantive alterations after approval by the City Attorney.
Councilmember Peters 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.
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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WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Secretary
October 14, 2008
11/B
✔✔
PROCEDURAL
Consider approval of Amended Minutes of the March 11, 2008 Council Meeting to correct condition number one to
Item No. 9 regarding Arbor Manors.
The minutes were prepared with condition one being as submitted on the Agenda Request Form. When the plat was
presented for signature it was discovered it did not match the minutes and after listening to the tapes of the meeting it
was determined that condition one was modified during the Planning Director's presentation. The motion indicated
the conditions as stated by the Planning Director.
The correction appears on Page 5 showing the removed items with strikeout and the added items with shading.
Staff recommends approval.
MINUTES OF MARCH 11, 2008
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, March 11, 2008 at 6:00 p.m. in the City Council Chambers of
Town Center, 255 Parkway Boulevard, Coppell, Texas. The following
members were present:
Doug Stover, Mayor
Mayor Pro Tem Brianna Hinojosa-Flores
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Billy Faught, Councilmember
Bill York, Councilmember
Councilmembers Marvin Franklin and Marsha Tunnell were absent from
the meeting. Also present were City Manager Jim Witt, City Secretary
Libby Ball and City Attorney Robert Hager.
1. Call to order.
Mayor Stover called the meeting to order, determined that a
quorum was present and convened into Executive Session.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071, Texas Government Code -
Consultation with City Attorney.
1. The City of Coppell and Coppell Independent
School District opposition to a change of
zoning request of the Billingsley Corporation in
the City of Dallas, Zoning Case Number Z045-
107; and City of Coppell vs. CB Parkway
Business Center VI, et al in the County Court
at Law No. 3; and CB Parkway Business Center,
et al vs. City of Coppell, et al; and City of
Dallas vs. Douglas Stover, et al in the 191st
District Court; and City of Coppell, et al vs.
City of Dallas, et al in the 101st District Court.
2. Mira Mar vs. City of Coppell
B. Section 551.072, Texas Government Code -
Deliberation regarding Real Property.
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1. Purchase of real property east of Denton Tap
and north of Beltline.
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.
Mayor Stover convened into Executive Session at 6:14 p.m. as
allowed under the above-stated article. Mayor Stover recessed the
Executive Session at 7:03 p.m. and opened the Regular Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding Budget Calendar.
B. Discussion of Agenda Items.
Due to time constraints, Work Session was not held.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Pastor Rod Collver of Living Hope Church led those present in the
Invocation.
6. Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
7. Citizens' Appearances.
There was no one signed up to speak under this item.
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CONSENT AGENDA
8. Consider approval of the following consent agenda items:
A. Consider approval of minutes: February 26, 2008.
B. Consider approval of amending the minutes of the
February 12, 2008 Council Meeting to correct the
Ordinance number for Consent Agenda Item F from
91500-A-491 to Ordinance No. 2008-1191.
C. Consider approval of awarding RFP #0092, and
enter into an agreement with DFW Multimedia,
Inc., DFW Video, in the amount of $65,500, as
budgeted, for video production services, and
authorizing the City Manager to sign.
D. Consider approval of an Interlocal Agreement
between the City of Coppell and the North Central
Texas Council of Governments for the cooperative
purchasing for TMRS actuarial shared services, and
authorizing the City Manager and the Mayor to
sign all appropriate documents.
E. Consider approval of a nine-month extension to the
expiration date (December 12, 2008) of the
Alexander Court, Lots 1-29, Block A, Preliminary
Plat, to allow the subdivision of 29 single-family
lots and two common area lots on 18.5 acres of
property located at the northwest corner of Bethel
and Denton Tap Roads.
F. Consider approval of an Ordinance for Case No. PD-
221R4-HC, Duke Lesley Addition, zoning change
from PD-221-HC (Planned Development-221-
Highway Commercial) to PD-221R4-HC (Planned
Development-221 Revision 4- Highway Commercial)
to allow two oversized Monument Signs to be
located in the medians of Dividend Drive and Point
West Boulevard (one at each location) and
authorizing the Mayor to sign.
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G. Consider approval of a Right of Way Use Agreement
between the City of Coppell and Duke Realty, LP for
the installation of monument signs in the right-of-
way of Dividend Drive and Point West Boulevard;
and authorizing the City Manager to sign.
H. Consider approval of an Ordinance for Case No. PD-
227R-SF-12, Bellacere Addition, zoning change
from PD-227-SF-12 (Planned Development-227-
Single Family-12) to PD-227R-SF-12 (Planned
Development-227 Revised-Single Family-12), to
allow: realignment of the mutual access/fire lane
easement; reconfiguration of the common area lot;
relocation of the garage access on Lot 4; and
construction of four single-family homes on 1.961
acres of property, located along the north side of
Sandy Lake Road, approximately 150 feet east of
Summer Place Drive and authorizing the Mayor to
sign.
Action:
Councilmember Peters moved to approve Consent Agenda Items A,
B, C, D, E, F carrying Ordinance No. 91500-A-491 and G and H
carrying Ordinance No. 91500-A-492. Councilmember Faught
seconded the motion; the motion carried 5-0 with Mayor Pro Tem
Hinojosa-Flores and Councilmembers Brancheau, Peters, Faught
and York voting in favor of the motion.
9. PUBLIC HEARING:
Consider approval of the Arbor Manors, Replat, a replat to
revise the previously approved subdivision to eliminate a
4,800-square-foot common area lot and to incorporate
this area into an enlarged and reconfigured five lots,
allowing the development of 73 single-family homes and
10 common area open spaces on approximately 25.15
acres of property located south of Sandy Lake Road and
west of Denton Tap Road.
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Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Matthew Alexander, representing the 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 the Arbor Manors, Replat, a replat to revise the previously
approved subdivision to eliminate a 4,800-square-foot common
area lot and to incorporate this area into an enlarged and
reconfigured five lots, allowing the development of 73 single-family
homes and 10 common area open spaces on approximately 25.15
acres of property located south of Sandy Lake Road and west of
Denton Tap Road., subject to the following conditions:
1) Delineate a 58 40-foot front yard setback and a 30-foot rear
yard setback on lots 1-5, Block E; and
2) Add a 15-foot setback on Lot 24, Block A.
Councilmember Brancheau seconded the motion; the motion
carried 5-0 with Mayor Pro Tem Hinojosa-Flores and
Councilmembers Brancheau, Peters, Faught and York voting in
favor of the motion.
10. PUBLIC HEARING:
Consider approval of Case No. S-1245-TC, DeVine Cellars,
a zoning change request from TC (Town Center) to S-
1245-TC (Special Use Permit-1245-Town Center), to allow
the operation of a 2,272-square-foot retail/convenience
store and restaurant, located in the Town Center
Addition, along the east side of Denton Tap Road north of
Town Center Blvd.
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Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Jean Dahl, 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:
Mayor Pro Tem Hinojosa-Flores moved to close the Public Hearing
and approve Case No. S-1245-TC, DeVine Cellars, a zoning change
request from TC (Town Center) to S-1245-TC (Special Use Permit-
1245-Town Center), to allow the operation of a 2,272-square-foot
retail/convenience store and restaurant, located in the Town
Center Addition, along the east side of Denton Tap Road north of
Town Center Blvd., subject to the following conditions:
1) The development shall be in accordance with the Site Plan,
Floor Plan and Sign Elevations; and
2) Hours of operation shall be limited to 10 a.m. to 10 p.m.
Monday through Thursday, until 12 a.m. on Friday and
Saturday, and between noon and 6 p.m. on Sunday.
Councilmember Peters seconded the motion; the motion carried
5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers
Brancheau, Peters, Faught and York voting in favor of the motion.
11. PUBLIC HEARING:
Consider approval of Case No. PD-223R-C, Chase Bank
(Kimbel Addition), a zoning change request from PD-223-
C (Planned Development-223-Commercial) to PD-223R-C
(Planned Development-223 Revised-Commercial) to attach
a revised Detail Site Plan to allow the development of a
3,889-square-foot bank with three drive-thru lanes on
0.70 acres of property, located at the southeast corner of
MacArthur Boulevard and Village Parkway.
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Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Alen Hinkley, 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 Peters moved to close the Public Hearing and
approve Case No. PD-223R-C, Chase Bank (Kimbel Addition), a
zoning change request from PD-223-C (Planned Development-223-
Commercial) to PD-223R-C (Planned Development-223 Revised-
Commercial) to attach a revised Detail Site Plan to allow the
development of a 3,889-square-foot bank with three drive-thru
lanes on 0.70 acres of property, located at the southeast corner of
MacArthur Boulevard and Village Parkway with awnings, subject
to the following conditions:
1) Indicate the locations for the proposed Purple Wintercreeper on
the plan; and
2) Engineering Comments:
a) If lime stabilization is not going to be used for the paving, a
waiver request must be submitted by the engineer along with
the geotechnical report and the thickness of concrete
increased by 1";
b) The retaining wall is in conflict with the sanitary sewer on
the east side of the project. The engineered retaining wall
design will need to be submitted to Engineering Department
during the plan review process; and
c) It appears that a full set of construction plans was submitted
with the DRC information. These plans should not be
considered submission for engineering approval. Plans for
review should not be submitted until approval from Planning
and/or City Council is granted.
Councilmember Faught seconded the motion; the motion failed 1-4
with Councilmember Peters voting in favor of the motion and
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Mayor Pro Tem Hinojosa-Flores and Councilmembers Brancheau,
Faught and York voting against of the motion.
Councilmember Faught moved to close the Public Hearing and
approve Case No. PD-223R-C, Chase Bank (Kimbel Addition), a
zoning change request from PD-223-C (Planned Development-223-
Commercial) to PD-223R-C (Planned Development-223 Revised-
Commercial) to attach a revised Detail Site Plan to allow the
development of a 3,889-square-foot bank with three drive-thru
lanes on 0.70 acres of property, located at the southeast corner of
MacArthur Boulevard and Village Parkway without awnings,
subject to the following conditions:
1) Indicate the locations for the proposed Purple Wintercreeper on
the plan; and
2) Engineering Comments:
a) If lime stabilization is not going to be used for the paving, a
waiver request must be submitted by the engineer along with
the geotechnical report and the thickness of concrete
increased by 1";
b) The retaining wall is in conflict with the sanitary sewer on
the east side of the project. The engineered retaining wall
design will need to be submitted to Engineering Department
during the plan review process; and
c) It appears that a full set of construction plans was submitted
with the DRC information. These plans should not be
considered submission for engineering approval. Plans for
review should not be submitted until approval from Planning
and/or City Council is granted.
Councilmember York seconded the motion; the motion carried 4-1
with Mayor Pro Tem Hinojosa-Flores and Councilmembers
Brancheau, Faught and York voting in favor of the motion and
Councilmember Peters voting against.
At this time, Items 15 & 16 were considered. Please see Items 15 & 16
for the minutes.
12. PUBLIC HEARING:
Consider approval of Case No. S-1238R-C, Kegs N Cellar, a
zoning change request from S-1238-C (Special Use Permit-
1238-Commercial) to S-1238R-C (Special Use Permit-1238
Revised-Commercial) to allow an additional 23-square-
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foot attached sign on the west elevation in addition to
the two existing attached signs for the 2,850-square-foot
convenience/retail store located at 777 S. MacArthur
Blvd., #413.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Gordon Pratt, 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 Faught moved to close the Public Hearing and
approve Case No. S-1238R-C, Kegs N Cellar, a zoning change
request from S-1238-C (Special Use Permit-1238-Commercial) to
S-1238R-C (Special Use Permit-1238 Revised-Commercial) to allow
an additional 23-square-foot attached sign on the west elevation in
addition to the two existing attached signs for the 2,850-square-
foot convenience/retail store located at 777 S. MacArthur Blvd.,
#413. Councilmember Brancheau seconded the motion; the
motion carried 5-0 with Mayor Pro Tem Hinojosa-Flores and
Councilmembers Brancheau, Peters, Faught and York voting in
favor of the motion.
13. PUBLIC HEARING:
Consider approval of two text amendments to the Coppell
Zoning Ordinance; Sec. 12-29-3.3 adding “(P) Signs which
advertise or refer to the sale or consumption of alcoholic
beverages by words or symbols” to types of signs are
specifically prohibited, and Sec. 12-29-4.3(A)i, requiring
individually mounted letters in the industrial districts.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
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Public Hearing:
Mayor Stover opened the Public Hearing and asked for those
persons who signed up to speak.
A. Gordon Pratt, 630 Oakbend, spoke against the proposal.
EXECUTIVE SESSION (Closed to the Public)
Convene Executive Session
Section 551.071, Texas Government Code - Consultation with
City Attorney.
Mayor Stover convened into Executive Session at 8:43 p.m. as
allowed under the above-stated article. Mayor Stover adjourned
the Executive Session at 8:52 p.m. and opened the Regular
Session.
REGULAR SESSION (Open to the Public)
Action:
Councilmember Faught moved to close the Public Hearing and
approve two text amendments to the Coppell Zoning Ordinance;
Sec. 12-29-3.3 adding “(P) Signs which advertise or refer to the sale
or consumption of alcoholic beverages by words or symbols” to
types of signs are specifically prohibited, and Sec. 12-29-4.3(A)i,
requiring individually mounted letters in the industrial districts.
Councilmember York seconded the motion; the motion carried 5-0
with Mayor Pro Tem Hinojosa-Flores and Councilmembers
Brancheau, Peters, Faught and York voting in favor of the motion.
14. PUBLIC HEARING:
Consider approval of an application by Chesapeake
Energy to allow drilling and production from a horizontal
well on property located north of Bethel Road, west of the
proposed extension of Creekview Drive, on the Fellowship
Church Property.
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Presentation:
Marcie Diamond, Assistant Director of Planning, made a
presentation to the Council.
Craig Overcash, Martin Johnson and Laura Binkley, representing
the applicant, addressed the Council.
Larry Hulsey, consultant to the City, addressed questions from the
Council.
Public Hearing:
Mayor Stover opened the Public Hearing and asked for those
persons who signed up to speak.
A. Jack Clark, 718 Beal Lane, spoke in favor of the landscape
screening and complimented Chesapeake’s business
practices.
Action:
Councilmember Brancheau moved to close the Public Hearing and
approve an application by Chesapeake Energy to allow drilling and
production from a horizontal well on property located north of
Bethel Road, west of the proposed extension of Creekview Drive, on
the Fellowship Church Property, subject to the following
conditions:
1) Production Phase Site Plan being revised to include site plan
(location) and elevations (heights, colors, etc.) of all
equipment/facilities.
2) Construction Site Notice will be required to be submitted to the
city, and be posted on the property prior to issuance of a tree
removal permit or a grading permit for this property.
3) Revise pipeline route to not be within the R.O.W. for Bethel
Road or Creekview Drive (90 degree crossings would be
permitted).
4) Rectify the inconsistencies with location of the well pad site in
the grading and erosion control plan and other drawings
submitted.
5) Tree removal permit is required prior to the removal of any
trees. A fee in the amount of $149,900 will be due to the City
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of Coppell Reforestation and Natural Areas fund at the time the
tree removal permit is pulled. However, if the trees can be
planted and preserved as originally envisioned, then the fees
would be reduced to $82,750 and the city would be assured a
visually appealing landscape buffer around this use.
6) Submit a bond in the amount of $10,000 to assure the
installation, long term maintenance, and replacement of the
required 33 Evergreen trees (Austrian Pines or Red Cedar trees,
a minimum of eight feet in height when planted) as required
along the perimeter of the well pad site.
Councilmember Peters seconded the motion; the motion carried
5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers
Brancheau, Peters, Faught and York voting in favor of the motion.
15. Consider approval of Bid Number Q-1207-02, and
resulting contract, from Meridian Commercial, L.P., in
the amount of $4,506,000.00, for construction of the
Coppell Community/Senior Center, and authorizing the
City Manager to sign.
Presentation:
Brad Reid, Director of Parks and Recreation, made a presentation
to the Council.
Jeff Bulla, architect, addressed the Council.
Tom Garding, 927 Moonlight Cove, spoke on behalf of the Seniors
and expressed their gratitude.
Action:
Councilmember Peters moved to approve Bid Number Q-1207-02,
and resulting contract, from Meridian Commercial, L.P., in the
amount of $4,506,000.00, for construction of the Coppell
Community/Senior Center, and authorizing the City Manager to
sign. Councilmember York seconded the motion; the motion
carried 5-0 with Mayor Pro Tem Hinojosa-Flores and
Councilmembers Brancheau, Peters, Faught and York voting in
favor of the motion.
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16. Consider approval of Change Order No. One to Meridian
Commercial, L.P., to reduce the contract for
construction of the Coppell Community/Senior Center
by $391,801.00, bringing the total contract to
$4,114,199.00.
Presentation:
Brad Reid, Director of Parks and Recreation, made a presentation
to the Council.
Action:
Councilmember Faught moved to approve Change Order No. One
to Meridian Commercial, L.P., to reduce the contract for
construction of the Coppell Community/Senior Center by
$391,801.00, bringing the total contract to $4,114,199.00. Mayor
Pro Tem Hinojosa-Flores seconded the motion; the motion carried
5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers
Brancheau, Peters, Faught and York voting in favor of the motion.
17. Consider approval of a Change Order to close Bethel
Road from Freeport Parkway east to the east property
line of the Hard Eight Restaurant and Bethel Road from
Freeport Parkway west approximately 1,800 feet for
specific reconstruction activities; providing for
liquidated damages and an early completion incentive;
and authorizing the City Manager to sign.
Presentation:
Ken Griffin, Director of Engineering and Public Works, made a
presentation to the Council.
Action:
Councilmember York moved to approve a Change Order to close
Bethel Road from Freeport Parkway east to the east property line
of the Hard Eight Restaurant and Bethel Road from Freeport
Parkway west approximately 1,800 feet for specific reconstruction
activities; providing for liquidated damages and an early
completion incentive; and authorizing the City Manager to sign.
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Councilmember Peters seconded the motion; the motion carried
5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers
Brancheau, Peters, Faught and York voting in favor of the motion.
18. Consider approval of a contract between the city of
Coppell and Stewart Enterprises to build a funeral home
at Rolling Oaks Cemetery, and authorizing the Mayor to
sign.
Presentation:
Jim Witt, City Manager, made a presentation to the Council.
Action:
Councilmember Peters moved to approve a contract between the
city of Coppell and Stewart Enterprises to build a funeral home at
Rolling Oaks Cemetery, and authorizing the Mayor to sign. Mayor
Pro Tem Hinojosa-Flores seconded the motion; the motion carried
5-0 with Mayor Pro Tem Hinojosa-Flores and Councilmembers
Brancheau, Peters, Faught and York voting in favor of the motion.
19. Mayor and Council Reports.
A. Report by Mayor Stover regarding Metroplex
Mayors Meeting.
B. Report by Mayor Stover regarding Community Egg
Hunt, Saturday, March 22, 11:00 a.m. at Wagon
Wheel Park.
C. Report by Mayor Stover regarding New Tech High
registration.
A. Mayor Stover reported on his attendance at the Metroplex
Mayor’s Meeting. Speaker Dan Petty gave updates on NTC
and air quality and transportation concerns.
B. Mayor Stover announced the Community Egg Hunt
Saturday, March 22 at Wagon Wheel Park. The event starts
promptly at 11:00 a.m.
C. Mayor Stover spoke of the New Tech High School. The
district received 344 student applications by the deadline,
and 40 additional applications following the deadline. Mayor
Stover and Mayor Pro Tem Hinojosa-Flores drew 145 names
from a lottery system. Mayor Stover commended everyone
who worked on the project.
cm031108
Page 14 of 15
20. Necessary action resulting from Work Session.
There was no action necessary under this item.
21. Necessary action resulting from Executive Session.
Councilmember York moved to approve Resolution No. 2008-
0311.1 providing for and consenting to the exercise of eminent
domain as authorized by the city council of the city of Coppell,
Texas; providing for the acquisition by eminent domain of property
commonly referred to as 461 Bethel Road within the municipal
boundaries of the city of Coppell, Dallas County, Texas; declaring a
public necessity exists and finding a public use and purpose for
the welfare and convenience of the citizens, requires the taking and
acquiring of property for the expansion of roadway, that certain
tract which will be burdened with the roadway expansion is
situated in the James A. Simmons Survey, Abstract No. 1296, tract
16, located on the south line of Bethel Road, approximately 300
feet west of Coppell Road, and containing a total of 0.55 (+/-) acres
of land; providing for an offer to purchase the utility easement for
just compensation and if such offer is refused, authorizing counsel
to institute necessary proceedings in condemnation to acquire the
property for utility purposes; and authorizing the Mayor to sign.
Councilmember Brancheau seconded the motion; the motion
carried 5-0 with Mayor Pro Tem Hinojosa-Flores and
Councilmembers Brancheau, Peters, Faught and York voting in
favor of the motion.
There being no further business to come before the City Council, the
meeting was adjourned.
____________________________________
Douglas N. Stover, Mayor
ATTEST:
____________________________________
Libby Ball, City Secretary
cm031108
Page 15 of 15
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
October 14, 2008
11/C
✔
CONTRACT/BID or PROPOSAL
Consider approval of awarding Buy Board Quote #23-399 to Gomez Floor Covering, Inc. in the amount of $155,281.21
as provided for in the Infrastructure Maintenance Fund (IMF); and authorizing the City Manager to sign and execute
any necessary documents.
The Buy Board quote to Gomez Floor Covering, Inc. in the amount of $155,281.21 is to provide an epoxy/urethane
flooring system upgrade to the bay floors at Fire Stations 1, 2, & 3, as well as the Fleet Services bay for a total of 14,600
square feet of concrete surface.
The product recommended to and selected by the City of Coppell is a Duraflex coating system. This system is
chemical resistant, heavy duty flooring designed to provide years of protection against the heavy truck traffic and
maintenance activities performed in these bays, as well as provide slip resistant surface to employees. The
specifications were prepared by Duraflex Manufacturer and require a certified Duraflex applicator to perform this
improvement which is included in the pricing.
Funds are available in the Infrastructure Maintenance Fund for this project.
Staff recommends approval and will be available to answer any
questions.
#FS Bay Floors
MEMORANDUM
DATE: October 2, 2008
TO: Sheri Moino, Facilities Manager
FROM: Eric Greaser, Deputy Chief of Support Services
RE: Duraflex Application for Fire Station Bay Floors
Sheri, thanks for all of your efforts pursuing a floor application that will meet our needs
well into the future. Although the contracted pricing has presented well above the
budgeted funding slated for this project, the fire department recognizes the product to be
a superior choice for several key reasons. First and foremost is the fact that this product
is tested and proven in fire service apparatus bays throughout North America. The
product is designed specifically for the intended application. The finish has been
engineered to be stain resistant and able to withstand the extreme environments of oil,
grease, and gasoline. The existing product that was installed at Station #1, although a
durable application, was not able to provide the stain resistance that was expected. The
other major concern was the inconsistency in the slip resistant texture that was applied.
The product that we are seeking with this contract has proven applications that address all
of our concerns with a warranty to support their claims.
In short, we hope to obtain a quality product that is stain resistant and can provide the
safety of an evenly applied slip resistant surface. The other factor that will be important
in this application is the down time of our facilities during the process. It is my
understanding that a faster curing hardener with this product will speed the amount of
time that service is reduced at the facility.
Thanks again for your help and please contact me for further review of the project.
cc: Kevin Richardson, Fire Chief
U:\Pcrocker\CCAGENDA\2008\19 Oct 14th\#FS Bay Floors - 2 Specs.doc
SECTION 09705
CHEMICAL RESISTANT RESINOUS FLOORING
PART 1 GENERAL
1.01 SECTION INCLUDES
A. Provide labor and materials for a seamless, heavy duty, abrasion and chemical resistant,
epoxy/urethane flooring system, including surface preparation, primers, and finish coats.
1.02 RELATED SECTIONS
A. Concrete - Division 3
B. Thermal & Moisture Protection - Division 7
1.03 ACCEPTABLE MANUFACTURERS AND INSTALLERS
A. DUR-A-FLEX INC 1-800-253-3539
B. Manufacturer approved Installer, who has technical qualifications, currently approved in writing, and
facilities to install specified systems.
1.04 DELIVERY, STORAGE AND HANDLING
A. Deliver material to job site in clean, clearly labeled containers and inspect prior to start of job.
B. Store material in a dry, enclosed area protected from the elements. Keep temperature of storage area
between 60o and 90o F.
1.05 ENVIRONMENTAL REQUIREMENTS
A. Cure new concrete no less than 14 days under good conditions.
B. Verify that substrate is properly equipped with vapor barriers and perimeter drains.
C. Verify supply of adequate utilities, including electric, water, heat (between 60o and 90o F.) and lighting
of no less than 80 ft candles measured at floor surface.
D. Free work area of other trades during, and for a period of 24 hours, after floor installation.
E. Protect finished floor from damage by subsequent trades.
1.06 WARRANTY
A. Submit a one year warranty against defects in material and workmanship upon substantial completion
of installation.
PART 2 PRODUCTS
2.01 PRODUCT DESCRIPTION
A. POLY-CRETE SLB with DURA-GLAZE SHOP-FLOOR and ARMOR TOP Multiple
Component, Seamless, Heavy Duty, Chemical Resistant, Urethane /Epoxy Floor System as
manufactured by DUR-A-FLEX INC. 1-800-253-3539.
U:\Pcrocker\CCAGENDA\2008\19 Oct 14th\#FS Bay Floors - 2 Specs.doc
2.02 PHYSICAL PROPERTIES
Physical Property Test Method Result
Hardness (Shore D) ASTM D-2240 75-80
Compressive Strength ASTM D-695 17,500 psi
ASTM C-579 12,500 psi
Tensile Strength ASTM D-638 4,000 psi
ASTM C-307 2,600 psi
Tensile Elongation ASTM D-638 7.50%
Flexural Strength ASTM D-790 6,250 psi
ASTM C-580 4,500 psi
Flexural Modulus of Elasticity ASTM D-790 6.2 × 105
Linear Shrinkage ASTM D-2566 0.02%
Coefficient of Linear Expansion ASTM D-696 2 × 10-5
Bond Strength to Concrete ASTM D-4541 400 psi substrate fails
Indentation ML D-3134 .025 MAX
Impact Resistance ML D-3134 Pass
Water Absorption ASTM D-570 0.04%
Heat Resistance Limitation 140°F - 200°F
Flammability ASTM D-570 Self Extinguishing
Flame Spread/NFPA 101 ASTM E-84 Class A
Abrasion Resistance ASTM C-501
CS17 Wheel 1000 GM Load 1000 Cycles 10 mg loss
Coefficient of Friction ASTM D-2047
Standard Slip-Resistant 0.9
Orange Peel 0.8
2.03 PRODUCT MIXING
A. Mix on site with manufacturer supplied mix and measure apparatus to ensure a timely, accurate mix
ratio and minimize waste.
PART 3 EXECUTION
3.01 PREPARATION
A. Create a surface profile with a steel shot blast machine and dust-free diamond grinders for edges.
B. Verify that surface is dry and perfectly clean, free of all oil, grease, detergent film , etc.
3.02 INSTALLATION
A. Adhere strictly to manufacturer's current written instructions.
B. Apply POLY-CRETE SLB by ½ v notched squeegee at nominal 1/8” allow to cure.
C. Broadcast non skid aggregate to excess, and allow to cure.
D. Sweep up excess aggregate.
E Apply 15 mil topcoat of pigmented DUR-A-GLAZE SHOP FLOOR and allow to cure.
F. Apply 2-3 mil performance topcoat of Armor Top with a quality non-shed roller, and allow to cure
3.03 DETAILS
A. Thoroughly route and vacuum moving cracks and joints, then fill with POLY-CRETE SL.
B. Pre-patch non-moving surface deviations with POLY-CRETE SL or POL-CRETE WR and POLY-
CRETE TF primer
C. "Key in" all drains, edges and transition points according to manufacturers instructions.
.
END OF SECTION
9/29/2008
Contact :
Phone #:
Fax #:
Project:
CATALOG PRICING
Quantity Unit Item Description Price Per Total
YD 4.30$ -$
YD 2.00$ -$
YD 2.50$ -$
YD 0.50$ -$
1624 YDS 10.00$ 16,240.00$
YDS 36.00$ -$
YDS 5.40$ -$
45 KITS 79.10$ 3,559.50$
27 UNITS 1,235.53$ 33,359.31$
260 1.5 GAL 127.39$ 33,121.40$
390 GAL 165.16$ 64,412.40$
40 BGS 33.09$ 1,323.60$
Total 152,016.21$
P&P Bond Cost 3,265.00$
Fire station #1 3,610 sqft
Fire station #2 3,480 sqft
Fire station #3 3,480 sqft
Fleet Services 4,030 sqft
TOTAL SIZE 14,600 sqft
Remove existing coatings in Facilities Garage and Fire staions, Prepare concrete, provide and install
Dur-A-Flex Dur-A-Crete SL with Armor Top top coat as per specs, square footage of 14,600 sqft.
Install 4" line striping and lettering to Facilities garage to match existing
x.
3) Replacement of Floor Covering Damaged by Others,
4) Substrate affected by Moisture, 5) Bonding, 6) Major Floor Prep,
7) Leveling of Floors, 8) Waxing, Mopping &
Cleaning, 9) Generator Rental (3 phase 480/240 power must be available)
EXCLUSIONS
PHONE: 214-905-1901
1162 SECURITY DR. DALLAS, TEXAS 75247
FAX: 214-905-1904
972-462-5152
VENDOR CONTRACT# 465
QUOTE #:23-399
CONTRACT # 241-06
Fire Stations and Fleet Services Epoxy Floor
CUSTOMER: CITY OF COPPELL
Sheri Moino
INSTALL VINYL TILE
96 OZ JOINT SEALANT/ DEEP TAN
15 GALLON EPOXY FLOOR PRIMER
1) Overtime Labor, 2) Protection of Finished Floor Coverings,
INSTALL CERAMIC TILE
50 LB QUARTZ SAND DESERT STORM
CHEMICAL RESISTANT URETHANE- ARMOR-
TOP TOPCOAT
FURNITURE MOVING
REMOVAL OF TRASH
FLOOR PREP
INSTALL CARPET
DEMO CARPET
DUR-A-FLEX FUR-A-CRETE SL- WESTCOAT
EPOXY
BUY BOARD DISCOUNTED ITEMS BELOW
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
October 14, 2008
11/D
✔
CONTRACT/BID or PROPOSAL
Consider approval of awarding Bid/Contract #Q-0908-03 Water Meters for the purchase of water meters in the
following manner: Series #100 to Municipal Water Works, L.P., Series #300 to ACT Pipe Supply, Series #400 to Mainline
Supply Company, and Series #500 to Metron Farnier for a combined estimated total of $185,739 as budgeted; and
authorizing the City Manager to sign and execute any necessary documents.
Award of Bid/Contract #Q-0808-03 to the selected vendors will provide the sources needed for yearly replacement of
water meters and for new commercial meters as needed.
Funds are budgeted in the Utility Operations budget, Water Meters, for this contract.
Staff recommends award of the bid to the selected vendors.
#Water Meter Bid
MEMORANDUM
Date: September 4, 2008
To: Ken Griffin, P.E., Director of Public Works
From: Glenn D. Hollowell, P.E., Assistant Director of Public Works
RE: Water Meter Bids
Ken:
On September 2, 2008, we opened bids for our annual water meter contract. We had
five bidders who submitted quotes for various items in the bid. I have reviewed the
bids and consulted with Jerod Anderson and Chad Beach on the award of the bid.
We have disqualified B2O Inc. based upon past performance and contract problems
including double billing, incomplete order filling and later deliveries.
I recommend that all of the #0100 series meters be awarded to Municipal Water
Works, L.P. of Royse City for the estimated amount of $28,676.00, the #0300 series
meters be awarded to ACT Pipe Supply of Dallas for the estimated amount of
$15,388.00, the #0400 series meters be awarded to Mainline Supply Company of
Dallas for the estimated amount of $30,525.00 and the #0500 series meters be
awarded to Metron Farnier of Boulder Colorado for the estimated of $111,150.00.
Metron Farnier was the only bidder to meet the performance specifications for the
#0500 series meters. A bid tabulation is provided.
If you have any questions or concerns regarding this matter, do not hesitate to
contact me.
Bid #Q-0808-03 Water MetersItem # Item P C Qty Unit Prod Code Price Total Notes P C Price Total Notes P C Price Total Notes Prod Code Price Total Notes Prod Code Price Total NotesQ-0808-03-1-01 #0100 5/8" x 3/4" 500 each PM-02 ECONO II W/ETR-EN 66.64 33320 PERFORMANCE METER 30 15000 0 0 PM-02XPP 60.81 30405Performance Econo II w/ETR Encoder SwitchV0G02821 68.4 34200Q-0808-03-1-02 #0100- 1" 20 each PM-07 ECONO II W/ETR-EN 114.03 2280.6 PERFORMANCE METER 89 1780 0 0 PM-07 XPP 95.56 1911.2 ditto V0K02721 115.75 2315Q-0808-03-1-03 #0100- 1 1/2" 20 each PM-09 ECONO II W/ETR-EN 239.09 4781.8 PERFORMANCE METER 186.9 3738 0 0 PM-09F XPP 211.74 4234.8 ditto W0N02911 231.5 4630Q-0808-03-1-04 #0100- 2" 25 each PM-12 ECONO II W/ETR-EN 378.62 9465.5 PERFORMANCE METER 326.32 8158 0 0 PM-12F XPP 340.95 8523.75 ditto W0P02911 315.75 7893.75Q-0808-03-1-05 #0300- 3" 1 each PMCB W/PMSB W/ETR-EN 1969 1969 PERFORMANCE METER 0 0 0 0PCM-03 2287.52 2287.52Performance Bronze Compound w/Bronze Strainer Attached & ETR Encoder Switches Bolts/Gaskets furnishedZ0R02011 2315 2315Q-0808-03-1-06 #0300- 4" 1 each PMCB W/PMSB W/ETR-EN 2983 2983 PERFORMANCE METER 0 0 0 0 PCM-4B XPP 2914.66 2914.66 ditto Z0S02011 3157.8 3157.8Q-0808-03-1-07 #0300- 6" 1 each PMCB W/PMSB W/ETR-EN 4823 4823 PERFORMANCE METER 0 0 0 0 PCM-6B XPP 2516.81 2516.81 ditto Z0T02011 5775.75 5775.75Q-0808-03-1-08 #0300- 8" 1 each PMCB W/PMSB W/ETR-EN 5613 5613DOES NOT MEET ALL BRONZE SPEC. The Turbine Strainer and bypass will be bronze but the unit will have a steel epoxy coated spacer to make up laying length.0 0 0 0 PCM-8B XPP 3651.5 3651.5 dittoQ-0808-03-1-09 #0400- 4" 1 each N/A 0 0 0 0 0 0 PFS 4 x 2 x 3/4 XPP 7995 7995Performance Fire Service Compound; UL approvedPQSP2031 3789.4 3789.4Q-0808-03-1-10 #0400- 6" 2 each N/A 0 0 0 0 0 0 PFS 6 x 2 x 3/4 XPP 11975 23950 ditto PQTR2031 5578.8 11157.6Q-0808-03-1-11 #0400- 8" 2 each N/A 0 0 0 0 0 0 PFS 8 X 4 X 1XPP 13725 27450 ditto PQUS2021 7789.4 15578.8Q-0808-03-1-12 #0500- 5/8" x 3/4" 500 each N/A 0 0 79.25 39625 140 70000PMF-03 XPP 168.95 84475Performance Residential Fire Service Meter; 3/4 SL W/ETR Encoder Switch no valves will be furnished with meterQ-0808-03-1-13 #0500- 1" 20 each N/A 0 0 117.1 2342 380 7600 PMF-07XPP 228.9 4578 dittoQ-0808-03-1-14 #0500- 1 1/2" 20 each N/A 0 0 551 11020 675 13500 PMF-09F XPP 315.2 6304ditto; furnished w/Bolts & GasketsQ-0808-03-1-15 #0500- 2" 25 each N/A 0 0 859.11 21477.75 975 24375 PMF-12 F XPP 419.75 10493.75 dittoQ-0808-03-1-16 #0500- 3" 1 each N/A 0 0 1344 1344 1595 1595PMT-03 XPP W/STR 814.61 814.61Performance Turbine Meter w/Strainer Epoxy Coated Cast Iron w/ETR Encoder Switch; NOT UL approved (Fire Service Strainer not available on 3" Meters);Regular Strainer OS&Y Gate Valves if required add $1675.00 (2 Valves)Q-0808-03-1-17 #0500- 4" 1 each N/A 0 0 1729.1 1729.12 2695 2695PMT-04 XPP W/STR 1039.15 1039.15ditto;Regular strainer; OS&Y Gate Valves if required add $1859.00 (2 Valves)Q-0808-03-1-18 #0500- 6" 1 each N/A 0 0 3159 3159.01 3400 3400 PMT-06 XPP W/STR 1736.77 1736.77ditto; add $2407.00 for OS&Y Gate Valves if requiredQ-0808-03-1-19 #0500-6"* 2 each N/A 0 0 0 0 4185 8370 PFS 6 x 2 x 3/4 XPP 11975 23950 same spec as #0400Q-0808-03-1-20 #0500- 8"* 2 each N/A 0 0 0 0 4995 9990 PFS 8 x 4 x 1 XPP 13725 27450 same spec as #0400MAINLINE SUPPLY COMPANYACT Pipe Supply MUNICIPAL WATER WORKS Metron-Farnier b2oBid Q-0808-03 Water Meters
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
PLANNING
October 14, 2008
11/E
✔
ORDINANCE
Consider approval of an Ordinance for Case No. PD–234-H, Lot 1, Block A, Wilson-Kirkland-Minyard Addition, zoning
change from H (Historic) to PD-234-H (Planned Development-234-Historic) to allow the relocation of a
1,100-square-foot house and a 600-square-foot replica of the Minyard’s drug store on 0.27 acres of property located at
the southeast corner of W. Bethel Road and S. Coppell Road and authorizing the Mayor to sign.
On August 21, 2008, the Planning Commission unanimously
recommended approval of this zoning change (6-0). Commissioners
Frnka, Shute, Haas, Sangerhausen, Shipley and Kittrell voted in favor,
none opposed.
On September 9, 2008 Council unanimously approved this zoning
change (6-0).
Staff recommended APPROVAL.
@PD-234-H, WKMA ORD, 1-AR (con)
1 TM 31182.2.000
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL,
TEXAS, AMENDING THE COMPREHENSIVE ZONING
ORDINANCE AND MAP OF THE CITY OF COPPELL,
TEXAS, AS HERETOFORE AMENDED, BY GRANTING A
CHANGE IN ZONING FROM H (HISTORIC) TO PD-234-
H (PLANNED DEVELOPMENT-234-HISTORIC) TO
ALLOW THE RELOCATION OF THE 1,100-SQUARE-
FOOT HISTORICAL BUILDING, TO WIT, KIRKAND
HOUSE AND A 600-SQUARE-FOOT REPLICA OF THE
MINYARD’S GROCERY STORE ON PROPERTY
LOCATED AT THE SOUTHEAST CORNER OF W.
BETHEL ROAD AND S. COPPELL ROAD AND BEING
MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”
ATTACHED HERETO AND INCORPORATED HEREIN;
PROVIDING FOR THE APPROVAL OF THE
SITE/LANDSCAPING PLAN AND ELEVATIONS,
ATTACHED HERETO AS EXHIBITS “B” AND “C”;
PROVIDING FOR DEVELOPMENT REGULATIONS;
PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the
governing body of the City of Coppell, Texas, in compliance with the laws of
the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the
City of Coppell, have given requisite notices by publication and otherwise, and
after holding due hearings and affording a full and fair hearing to all property
owners generally, and to all persons interested and situated in the affected area
and in the vicinity thereof, the said governing body is of the opinion that Zoning
Application No. PD-234-H should be approved, and in the exercise of
legislative discretion have concluded that the Comprehensive Zoning Ordinance
and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF COPPELL, TEXAS:
2 TM 31182.2.000
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City
of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as
heretofore amended, be and the same is hereby amended by granting a change in zoning
from H (Historic) to PD-234-H (Planned Development-234-Historic) to allow the
relocation of the 1,100-square-foot Kirkland House and a 600-square-foot replica of
the Minyard’s grocery store on property located at the southeast corner of W. Bethel
Road and S. Coppell Road and as described in Exhibit “A” attached hereto and made a
part hereof for all purposes.
SECTION 2. That the Planned Development for office and museum uses is
hereby approved subject to the following development regulations:
A. Front yard setback of the Kirkland House exceeds 25 feet (measured
from back of proposed curb).
B. Ten-foot perimeter landscaping area is not being completely provided
on the south property line and will be provided elsewhere on site.
C. Kirkland House shall be renovated and maintained to its historical
elements.
D. That the Minyard’s building shall be maintained in its current
elevations, façade and use as a museum; no sale of merchandise or
retail use shall be permitted.
SECTION 3. That the property shall be developed and used in accordance with
the H (Historic) development standards under the Coppell Zoning Ordinance, except as
3 TM 31182.2.000
amended in the development regulations set forth in Section 2, as indicated on the
Site/Landscaping Plan and Elevations, attached hereto as Exhibits “B” and “C”; and
made a part hereof for all purposes, are hereby approved.
SECTION 4. That the above property shall be used for office and museum
uses and for the purpose provided for by the Comprehensive Zoning Ordinance of the
City of Coppell, as heretofore amended, and as amended herein.
SECTION 5. That the development of the property herein shall be in
accordance with building regulations, zoning ordinances, and any applicable ordinances
except as may be specifically altered or amended herein.
SECTION 6. That all provisions of the Ordinances of the City of Coppell,
Texas, in conflict with the provisions of this ordinance be, and the same are hereby,
repealed, and all other provisions not in conflict with the provisions of this ordinance
shall remain in full force and effect.
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase
or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid,
the same shall not affect the validity of this ordinance as a whole, or any part or
provision thereof other than the part so decided to be unconstitutional, illegal or invalid,
and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole.
SECTION 8. An offense committed before the effective date of this ordinance
is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as
amended, in effect when the offense was committed and the former law is continued in
effect for this purpose.
4 TM 31182.2.000
SECTION 9. That any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the same penalty as provided for
in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended,
and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand
Dollars ($2,000.00) for each offense; and each and every day such violation shall
continue shall be deemed to constitute a separate offense.
SECTION 10. That this ordinance shall take effect immediately from and after
its passage and the publication of its caption, as the law and charter in such cases
provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
_______ day of ___________________, 2008.
APPROVED:
_____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb) [reviewed & revised only 09/18/08]
SHEET 2 OF 21
A001 COPPELL, TEXASSITE PLAN / LANDSCAPEPLANWILSON-KIRKLAND-MINYARDADDITION WILLIAM PECK &A S S O C I A T E S I N C.A R C H I T E C T S Lewisville, Tx (972) 221-1424Sheet Number:
Date:
Scale:
Drawn:
Job:
REVISIONS
DATEThese plans are intended to provide the basic construction information necessary tosubstantially complete this structure. These construction documents must be verified andchecked by the builder or person in authority of this project. Any discrepancy, error, and/ oromissions, if any, are to be brought to the attention of the Designer prior to any constructionor purchases being made. It is recommended that the owner or builder obtain completeengineering services for: foundation, HVAC, and structural, prior to construction of any kind.NOTE: All Federal, state, and Local codes, ordinances, and restrictions take precedenceover any part of these construction documents which may conflict with same, and must bestrictly obeyed and followed before and during construction.THESE CONSTRUCTION DOCUMENTS AND THERE USE, ARE THE PROPERTY OFWILLIAM PECK & ASSOCIATES, INC. AND ARE NOT TO BE TRACED, REUSED ORREPRODUCED IN ANY WAY, BY ANY MEANS, WITHOUT THE EXPRESSED WRITTENPERMISSION OF WILLIAM PECK & ASSOCIATES, INC.. ALL RIGHTS RESERVED08-27-08
08-12-08
B.R.G.
SITE PLAN / LANDSCAPE PLAN
WILSON - KIRKLAND - MINYARD
RELOCATION SITE
APPLICANT :
MINDI HURLEY ,ECONOMIC DEVELOPMENT
CITY OF COPPELL
255 PARKWAY BLVD.
COPPELL, TEXAS 75019
PHONE: 972-304-3677
FAX: 972-304-3673
ARCHITECT :
BILL PECK
WILLIAM PECK & ASSOCIATES INC.
105. W. MAIN ST.
LEWISVILLE ,TX 75057
PHONE: 972-221-1424
FAX- 972-221-0388
N 13'-10"39'-11 3/4"17'-5 1/2"9'-0"18'-0"24'-0"18'-0"33'-4"16'-11 3/4"30'-0"8'-0"3'-0"169 sq ft
R=635.00'
L=28.82'
DELTA=02°36'00"
CB=N86°41'51"W
CH=28.81'
EXIST. F.H.
WALKWAYS TO BE
LIGHTED
INCONSPICUOUSLY
WALKWAYS TO BE
DECOMPOSED
GRANITE
WALKWAYS TO BE
DECOMPOSED
GRANITE
N 87°22'59"W 187.42'
N 88°01'51" W 86.00'S01°31'01"W138.00'N 88°01'51"W 73.24'S00°27'20"W219.20'N01°31'01"E217.46'182.87'130.44'58.37'25.01'
61.00'12.24'S46°44'35"W
35.22'LOT 2
0.566ACRES
LOT 1
0.265 ACRES
BETHEL ROAD
MINYARD'S
PROPOSED
LOCATION
600 SQ. FT.
FUTURE
SITE FOR
RESTROOMS
169 SQ. FT.
EXISTING
WINDMILL
APPROX.
LOCATION
PARKING
KIRKLAND HOUSE
PROPOSED
LOCATION
1,150 SQ.FT.
VAN ACCESSIBLE
LEVEL W/
PAVEMENT
S. COPPELL ROADLE LE
VTX
BO
LO
LE
RO
RO
RORO
RO
BO
BO
LE
ROW DEDICATION
PD-108R6-HPD-108R8-H 195.32'23.88'N 85°25'51"E 56.81'
S 87°53'22"E 183.34'
APPROX. LOCATION
OF EXISTING
STRUCTURE
APPROX. LOCATION
OF EXISTING
STRUCTURE
APPROX. LOCATION
OF EXISTING
STRUCTURE
RAMP
1:12
SLOPE EXISTING
TREE TO
REMAIN
RAMP
1:12
SLOPE
LANDING WALKWAYS TO BE
LIGHTED
INCONSPICUOUSLY
CV
CV
SITE DATA TABLE
EXISTING ZONING : HISTORIC
PROPOSED ZONING : PLANNED DEVELOPMENT
234-HISTORIC
PROPOSED USE : OFFICE & MUSEUM
KIRKLAND HOUSE : 1,150 SQ. FT. , 25' HIGH
MINYARD STORE : 600 SQ. FT. , 17' HIGH
REQUIRED PARKING : 1:300 FOR OFFICE; 5 FOR MUSEUM
PROVIDED PARKING : 6 SPACES ( INCLUDING 1 HANDICAP)
PROPOSED LOT COVERAGE : 14.7%
FAR ; .147:1
MATERIALS LIST
TYPEQTY.SIZE
2
5
3
2
1
2
14
20
LIVE OAKS
BUR OAKS
LACE BARK ELMS
VITEX
RED OAKS
CHINESE VIBURNUM
SPIRAEA ( ANTHONY
WATERER)
DWARF BURFORD
HOLLIES
45 GAL.
CONT. GROWN
45 GAL.
CONT. GROWN
45 GAL.
CONT. GROWN
45 GAL.
CONT. GROWN
20 GAL.
25 GAL.
5 GAL.
SPACED 3' O.C.
5 GAL.
SPACED 3' O.C.
LANDSCAPE AREA & TREE CALCULATIONS
PERIMETER 3961 SQ.FT. REQUIRED 2924 SQ. FT. PROVIDED
TREES 9 REQUIRED 9 PROVIDED ELSEWHERE W/N SITE ( NOT ALL LOACTED W/N
PERIMETER)
INTERIOR 300 SQ.FT. REQUIRED 300 SQ. FT. PROVIDED
TREES 2 REQUIRED 2 PROVIDED
NONVEHICULAR 1,495 SQ.FT. REQUIRED 3413 SQ. FT. PROVIDED
TREES 1 REQUIRED 1 PROVIDED
PD CONDITIONS
1.) FRONT YARD SETBACK EXCEEDS 25
FEET (MEASURED FROM BACK OF CURB)
2.)TEN-FOOT PERIMETER LANDSCAPING
AREA IS NOT BEING COMPLETLY
PROVIDED ON THE SOUTH PROPERTY
LINE AND WILL BE PROVIDED
ELSEWHERE
LEGEND
LACE BARK ELMS
PROPOSED W/ BETHEL ROAD
IMPROVMENTS
PROPOSED OVERSTORY
ON-SITE TREES
FOUNDATION PLANTING
ACCENT TREE
EXISTING TREE TO BE
REMOVED
SCALE: 1' = 1'-0"4 SKETCH # 3
SCALE: 1" = 20'1 1st FLOOR
SCALE: 1' = 1'-0"2 SITE PLAN FRONT
SCALE: 1' = 1'-0"3 SITE PLAN CORNER
A-101COPPELL, TEXASFLOOR PLAN & ELEVATIONSWILSON-KIRKLAND-MINYARDADDITION WILLIAM PECK &A S S O C I A T E S I N C.A R C H I T E C T S Lewisville, Tx (972) 221-1424Sheet Number:
Date:
Scale:
Drawn:
Job:
REVISIONS
DATEThese plans are intended to provide the basic construction information necessary tosubstantially complete this structure. These construction documents must be verified andchecked by the builder or person in authority of this project. Any discrepancy, error, and/ oromissions, if any, are to be brought to the attention of the Designer prior to any constructionor purchases being made. It is recommended that the owner or builder obtain completeengineering services for: foundation, HVAC, and structural, prior to construction of any kind.NOTE: All Federal, state, and Local codes, ordinances, and restrictions take precedenceover any part of these construction documents which may conflict with same, and must bestrictly obeyed and followed before and during construction.THESE CONSTRUCTION DOCUMENTS AND THERE USE, ARE THE PROPERTY OFWILLIAM PECK & ASSOCIATES, INC. AND ARE NOT TO BE TRACED, REUSED ORREPRODUCED IN ANY WAY, BY ANY MEANS, WITHOUT THE EXPRESSED WRITTENPERMISSION OF WILLIAM PECK & ASSOCIATES, INC.. ALL RIGHTS RESERVED08-27-08
08-12-08
W1026'-0"2'-0"W1006'-0"2'-0"W1016'-0"2'-4"D101W1106'-0"2'-4"D100W1096'-0"
2'-4"W1086'-0"
2'-4"
W107
2'-4"6'-0"D109
D105
W1032'-4"
6'-0"W1062'-0"
6'-0"W1042'-0"
6'-0"W1052'-4"
6'-0"
D103
D102
D106
D107D108
D104
EXISTING WOOD
COLUMN TO BE PAINTED.
COLOR TO BE
DETERMINED UPON
PAINT ANALYSIS
NEW ARCHITECTURAL
SHINGLES
EXISTING HORIZONTAL
SIDING TO BE PAINTED.
COLOR TO BE DETERMINED
UPON PAINT ANALYSIS
EXISTING TRIM TO BE
PAINTED.COLOR TO BE
DETERMINED UPON PAINT
ANALYSIS
NEW FRONT PORCH TO BE
CONSTRUCTED OF KILN
DRIED TUNGUE AND GROVE
AND PAINTED. COLOR TO BE
DETERMINED UPON PAINT
ANALYSIS
NEW
ARCHITECTURAL
SHINGLES
EXISTING SIDING TO BE
PAINTED.COLOR TO BE
DETERMINED UPON PAINT
ANALYSIS
NEW RAMP AND
HAND RAIL TO BE
CONSTRUCTED
FROM TREX.
NEW RAILING TO BE
CONSTRUCTED OF WOOD AND
PAINTED. COLOR TO BE
DETERMINED UPON PAINT
ANALYSIS
EXISTING SIDING
PAINTED. COLOR TO BE
DETERMINED UPON
PAINT ANALYSIS
NEW PORCH TO BE
CONSTRUCTED OF WOOD
AND PAINTED. COLOR TO
BE DETERMINED UPON
PAINT ANALYSIS
NEW
ARCHITECTURAL
SHINGLES
NEW ARCHITECTURAL
SHINGLES
NEW
ARCHITECUTURAL
SHINGLES
EXISTING SIDING TO BE
PAINTED. COLOR TO BE
DETERMINED UPON PAINT
ANALYSIS
SCALE: 1/4" = 1'-0"A 1st FLOOR PLAN
0 2' 4'8'
SCALE: 3/16" = 1'-0"B Front
SCALE: 3/16" = 1'-0"D RIGHT
SCALE: 3/16" = 1'-0"E BACK
SCALE: 3/16" = 1'-0"C LEFT
NOT TO SCALEHFRONT RIGHT
NOT TO SCALEGFRONT LEFT
NOT TO SCALEFBACK LEFT
NOT TO SCALEEBACK RIGHT
A-201 COPPELL, TEXASNORTH & EASTELEVATIONS WILSON-KIRKLAND-MINYARDADDITION WILLIAM PECK &A S S O C I A T E S I N C.A R C H I T E C T S Lewisville, Tx (972) 221-1424Sheet Number:
Date:
Scale:
Drawn:
Job:
REVISIONS
DATEThese plans are intended to provide the basic construction information necessary tosubstantially complete this structure. These construction documents must be verified andchecked by the builder or person in authority of this project. Any discrepancy, error, and/ oromissions, if any, are to be brought to the attention of the Designer prior to any constructionor purchases being made. It is recommended that the owner or builder obtain completeengineering services for: foundation, HVAC, and structural, prior to construction of any kind.NOTE: All Federal, state, and Local codes, ordinances, and restrictions take precedenceover any part of these construction documents which may conflict with same, and must bestrictly obeyed and followed before and during construction.THESE CONSTRUCTION DOCUMENTS AND THERE USE, ARE THE PROPERTY OFWILLIAM PECK & ASSOCIATES, INC. AND ARE NOT TO BE TRACED, REUSED ORREPRODUCED IN ANY WAY, BY ANY MEANS, WITHOUT THE EXPRESSED WRITTENPERMISSION OF WILLIAM PECK & ASSOCIATES, INC.. ALL RIGHTS RESERVED08-27-08
08-12-08
B.R.G.
EXISTING
WHITE SIDING
1
2
3
4
SCALE: 3/8" = 1'-0"1 FRONT ELEVATION
SCALE: 3/8" = 1'-0"2 RIGHT ELEVATION
SCALE: 3/8" = 1'-0"3 BACK ELEVATION
SCALE: 3/8" = 1'-0"4 LEFT ELEVATION
SCALE: 3/16" = 1'-0"5 FLOOR PLAN SCALE: 1' = 1'-0"6 MINYARDS FL
SCALE: 1' = 1'-0"7 MINYARDS FR
SCALE: 1' = 1'-0"8 MINYARDS BL
SCALE: 1' = 1'-0"9 MINYARDS BR
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
PLANNING
October 14, 2008
11/F
✔
ORDINANCE
Consider approval of an Ordinance for Case No. S-1247-SF-12, T-Mobile (First Assembly of God Church), zoning change
from SF-12 (Single Family-12) to S-1247-SF-12 (Special Use Permit-1247-Single Family-12), to allow wireless
communication antennas to be mounted inside a proposed 70-foot high bell tower and a 20’×20’ equipment cabinet
at the base, located at 200 S. Heartz Road and authorizing the Mayor to sign.
On August 21, 2008, the Planning Commission unanimously
recommended approval of this zoning change (6-0). Commissioners
Frnka, Shute, Haas, Sangerhausen, Shipley and Kittrell voted in favor,
none opposed.
On September 9, 2008 Council unanimously approved this zoning
change (6-0).
Staff recommended APPROVAL.
@S-1247-SF-12, T-M ORD, 1-AR (con)
1 TM 31181.2.000
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF
COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A
CHANGE IN ZONING FROM SF-12 (SINGLE FAMILY-12) TO S-1247-SF-12
(SPECIAL USE PERMIT-1247-SINGLE FAMILY-12), TO ALLOW
WIRELESS COMMUNICATION ANTENNAS TO BE MOUNTED INSIDE A
70-FOOT HIGH BELL TOWER AND A 20’×20’ EQUIPMENT CABINET
CONSTRUCTED AT THE BASE, ON PROPERTY LOCATED AT 200 S.
HEARTZ ROAD,, AND BEING MORE PARTICULARLY DESCRIBED IN
EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN;
PROVIDING FOR THE APPROVAL OF THE OVERALL SITE PLAN, TOWER
PLAN, TOWER ELEVATION, AND PHOTO SIMULATION OF PROPOSED
TOWER, ATTACHED HERETO AS EXHIBITS “B”, “C”, “D” AND "E",
RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City of
Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive
Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise,
and after holding due hearings and affording a full and fair hearing to all property owners generally,
and to all persons interested and situated in the affected area and in the vicinity thereof, the said
governing body is of the opinion that Zoning Application No. S-1247-SF-12 should be approved, and
in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and
Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and
the same is hereby amended to grant a change in zoning from SF-12 (Single Family-12) to S-1247-
SF-12 (Special Use Permit-1247-Single Family-12), to allow the location and maintenance of
wireless communication antennas to be constructed within a 70-foot high bell tower and a 20’×20’
equipment cabinet constructed at the base, on property located at 200 S. Heartz Road and being
2 TM 31181.2.000
more particularly described in Exhibit “A” attached hereto and made a part hereof for all purposes,
subject to special conditions.
SECTION 2. That the Special Use Permit for wireless communication antennae is hereby
approved, subject to the following special conditions:
A) That the site shall be developed in accordance with the regulations and Exhibits “B”
through “E”, respectively, incorporated in Section 3 of this ordinance.
B) That the bell tower, antennas and equipment cabinet shall be maintained for structural
integrity and exterior compatibility with the existing structure.
C) That the bell element of the tower shall be a non functioning bell and shall not omit any
audible elements.
SECTION 3. That the Overall Site Plan, Enlarged Tower Plan, Tower Elevation, and Photo
Simulation of Proposed Tower, attached hereto as Exhibits “B”, “C”, "D", and “E” respectively, and
made a part hereof for all purposes, are hereby approved.
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended,
and as amended herein.
SECTION 5. That the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances except as may be specifically
altered or amended herein.
SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby repealed, and all other provisions not
in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the
validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to
3 TM 31181.2.000
be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
SECTION 8. An offense committed before the effective date of this ordinance is governed by
prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
SECTION 9. That any person, firm or corporation violating any of the provisions or terms of
this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a
fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every
day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 10. That this ordinance shall take effect immediately from and after its passage and
the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2008.
APPROVED:
_____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 9/22/089/18/08)
200SOUTHHEARTZROADCOPPELL,TEXAS75019CITYOFCOPPELL
200SOUTHHEARTZROADCOPPELL,TEXAS75019CITYOFCOPPELL
200SOUTHHEARTZROADCOPPELL,TEXAS75019CITYOFCOPPELL
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Finance
October 14, 2008
12
✔
ORDINANCE
Consider approval of an ordinance authorizing the issuance of City of Coppell, Texas combination tax and revenue
Certificates of Obligation, SERIES 2008A, in the principal amount of $20,000,000.00 approving an official statement,
authorizing the execution of a purchase agreement, making provisions for the security thereof, and ordaining other
matters relating to the subject and authorizing the Mayor to sign.
The Certificates of Obligation Bonds are being issued for the acquisition of the land know as North Lake, to be used in
part for the water system improvements including storage facilities and pumping station and in part for the future
municipal improvements, facilities and and purposes and for paying legal, fiscal and engineering fees in connection
thereof.
Staff recommends approval of the issuance of the Certificates of
Obligation, Series A.
$CO08A-1AR
1
ORDINANCE NO. 2008-____
ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF COPPELL, TEXAS
COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES
2008A, IN THE PRINCIPAL AMOUNT OF $20,000,000, APPROVING AN OFFICIAL
STATEMENT, AUTHORIZING THE EXECUTION OF A PURCHASE AGREEMENT,
MAKING PROVISIONS FOR THE SECURITY THEREOF, AND ORDAINING OTHER
MATTERS RELATING TO THE SUBJECT
THE STATE OF TEXAS §
COUNTIES OF DALLAS AND DENTON §
CITY OF COPPELL §
WHEREAS, the City deems it advisable to give notice of intention to issue Combination Tax and
Certificates of Obligation, Series 2008A, (“Certificates of Obligation”) in the maximum amount of
$20,000,000, for the acquisition of approximately 360 acres, together with the acquisition of approximately
115 acres from the proceeds of the City’s Combination Tax and Revenue Certificates of Obligation, Taxable
Series 2008B, being a total of approximately 475 acres all out of a tract of land of approximately 940 acres
known as North Lake property owned by Luminant, being located east of south Beltline, south of east
Beltline, west of Valley Ranch Road being located in Irving and north of Hackberry Road, to be used in part
for water system improvements including storage facilities and pumping station and in part for future
municipal improvements, facilities and purposes, and for paying legal, fiscal, and engineering fees in
connection with such projects; and
WHEREAS, the Certificates of Obligation hereinafter authorized and designated are to be issued and
delivered for cash pursuant to Subchapter C of Chapter 271 of the Local Government Code, together with
the City of Coppell, Texas Combination Tax and Revenue Certificates of Obligation, Series 2008B, in the
principal amount of $6,500,000, being authorized concurrently herewith; and
WHEREAS, the City Council has heretofore, on the 12th day of August, 2008, adopted a resolution
authorizing and directing the City Secretary to give notice of intention to issue Certificates of Obligation; and
WHEREAS, said notice has been duly published in the Citizens Advocate, which is a newspaper of
general circulation in said City, in its issues of August 15, 2008, August 22, 2008, September 12, 2008 and
September 19, 2008; and
WHEREAS, the City received no petition from the qualified electors of the City protesting the
issuance of such Certificates of Obligation; and
WHEREAS, the meeting was open to the public and public notice of the time, place and purpose of
said meeting was given pursuant to Chapter 551, Texas Government Code.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL:
2
Section 1. AMOUNT AND PURPOSE OF THE CERTIFICATES OF OBLIGATION. The
certificate of obligation or certificates of obligation of the City of Coppell (the "Issuer") are hereby authorized
to be issued and delivered, in the aggregate principal amount of $20,000,000, for the acquisition of
approximately 360 acres, together with the acquisition of approximately 115 acres from the proceeds of the
City’s Combination Tax and Revenue Certificates of Obligation, Taxable Series 2008B, being a total of
approximately 475 acres all out of a tract of land of approximately 940 acres known as North Lake property
owned by Luminant, being located east of south Beltline, south of east Beltline, west of Valley Ranch Road
being located in Irving and north of Hackberry Road, to be used in part for water system improvements
including storage facilities and pumping station and in part for future municipal improvements, facilities and
purposes, and for paying legal, fiscal, and engineering fees in connection with such projects.
Section 2. DESIGNATION OF THE CERTIFICATES OF OBLIGATION. Each certificate
of obligation issued pursuant to this Ordinance shall be designated: "CITY OF COPPELL, TEXAS
COMBINATION TAX AND REVENUE CERTIFICATE OF OBLIGATION, SERIES 2008A", and initially
there shall be issued, sold, and delivered hereunder a single fully registered certificate of obligation, without
interest coupons, payable in installments of principal (the "Initial Certificate of Obligation"), but the Initial
Certificate of Obligation may be assigned and transferred and/or converted into and exchanged for a like
aggregate principal amount of fully registered certificates of obligation, without interest coupons, having
serial maturities, and in the denomination or denominations of $5,000 or any integral multiple of $5,000, all
in the manner hereinafter provided. The term "Certificates of Obligation" as used in this Ordinance shall
mean and include collectively the Initial Certificate of Obligation and all substitute certificates of obligation
exchanged therefor, as well as all other substitute certificates of obligation and replacement certificates of
obligation issued pursuant hereto, and the term "Certificate of Obligation" shall mean any of the Certificates
of Obligation.
Section 3. INITIAL DATE, DENOMINATION, NUMBER, MATURITIES, INITIAL
REGISTERED OWNER, AND CHARACTERISTICS OF THE INITIAL CERTIFICATE OF
OBLIGATION. (a) The Initial Certificate of Obligation is hereby authorized to be issued, sold, and
delivered hereunder as a single fully registered Certificate of Obligation, without interest coupons, dated
October 1, 2008, in the denomination and aggregate principal amount of $20,000,000, numbered R-1, payable
in annual installments of principal to the initial registered owner thereof, to-wit: SOUTHWEST
SECURITIES, or to the registered assignee or assignees of said Certificate of Obligation or any portion or
portions thereof (in each case, the "registered owner"), with the annual installments of principal of the Initial
Certificate of Obligation to be payable on the dates, respectively, and in the principal amounts, respectively,
stated in the FORM OF INITIAL CERTIFICATE OF OBLIGATION set forth in this Ordinance.
(b) The Initial Certificate of Obligation (i) may be prepaid or redeemed prior to the respective
scheduled due dates of installments of principal thereof, (ii) may be assigned and transferred, (iii) may be
converted and exchanged for other Certificates of Obligation, (iv) shall have the characteristics, and (v) shall
be signed and sealed, and the principal of and interest on the Initial Certificate of Obligation shall be payable,
all as provided, and in the manner required or indicated, in the FORM OF INITIAL CERTIFICATE OF
OBLIGATION set forth in this Ordinance.
Section 4. INTEREST. The unpaid principal balance of the Initial Certificate of Obligation
shall bear interest from the date of the Initial Certificate of Obligation, and will be calculated on the basis of
a 360-day year of twelve 30-day months to the respective scheduled due dates, or to the respective dates of
prepayment or redemption, of the installments of principal of the Initial Certificate of Obligation, and said
interest shall be payable, all in the manner provided and at the rates and on the dates stated in the FORM OF
INITIAL CERTIFICATE OF OBLIGATION set forth in this Ordinance.
3
Section 5. FORM OF INITIAL CERTIFICATE OF OBLIGATION. The form of the Initial
Certificate of Obligation, including the form of Registration Certificate of the Comptroller of Public Accounts
of the State of Texas to be endorsed on the Initial Certificate of Obligation, shall be substantially as follows:
FORM OF INITIAL CERTIFICATE OF OBLIGATION
NO. R-1 $20,000,000
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF DALLAS AND DENTON
CITY OF COPPELL, TEXAS
COMBINATION TAX AND REVENUE
CERTIFICATE OF OBLIGATION, SERIES 2008A
THE CITY OF COPPELL, IN DALLAS AND DENTON COUNTIES (the "Issuer"), being a political
subdivision of the State of Texas, hereby promises to pay to
SOUTHWEST SECURITIES
or to the registered assignee or assignees of this Certificate of Obligation or any portion or portions hereof
(in each case, the "registered owner") the aggregate principal amount of
TWENTY MILLION DOLLARS
in annual installments of principal due and payable on February 1 in each of the years, and in the respective
principal amounts, as set forth in the following schedule:
YEAR AMOUNT YEAR AMOUNT
2010 $1,055,000 2020 $1,050,000
2011 1,055,000 2021 1,050,000
2012 1,055,000 2022 1,050,000
2013 1,055,000 2023 1,050,000
2014 1,055,000 2024 1,050,000
2015 1,055,000 2025 1,050,000
2016 1,055,000 2026 1,050,000
2017 1,055,000 2027 1,050,000
2018 1,055,000 2028 1,050,000
2019 1,055,000
and to pay interest, from the date of this Initial Certificate of Obligation, on the balance of each such
installment of principal, respectively, from time to time remaining unpaid, at the rates as follows:
4
maturity 2010, _____% maturity 2020, _____%
maturity 2011 _____% maturity 2021, _____%
maturity 2012, _____% maturity 2022, _____%
maturity 2013, _____% maturity 2023, _____%
maturity 2014, _____% maturity 2024, _____%
maturity 2015, _____% maturity 2025, _____%
maturity 2016 _____% maturity 2026, _____%
maturity 2017, _____% maturity 2027, _____%
maturity 2018, _____% maturity 2028, _____%
maturity 2019, _____%
with said interest being payable on August 1, 2009, and semiannually on each February 1 and August 1
thereafter while this Certificate of Obligation or any portion hereof is outstanding and unpaid.
THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this Certificate of
Obligation are payable in lawful money of the United States of America, without exchange or collection
charges. The installments of principal and the interest on this Certificate of Obligation are payable to the
registered owner hereof through the services of U.S. Bank National Association, Houston, Texas, which is
the "Paying Agent/Registrar" for this Certificate of Obligation. Payment of all principal of and interest on
this Certificate of Obligation shall be made by the Paying Agent/Registrar to the registered owner hereof on
each principal and/or interest payment date by check or draft, dated as of such date, drawn by the Paying
Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the
issuance of this Certificate of Obligation (the "Certificate of Obligation Ordinance") to be on deposit with
the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent
by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such principal
and/or interest payment date, to the registered owner hereof, at the address of the registered owner, as it
appeared on the 15th day of the month next preceding each such date (the "Record Date") on the Registration
Books kept by the Paying Agent/Registrar, as hereinafter described. The Issuer covenants with the registered
owner of this Certificate of Obligation that on or before each principal and/or interest payment date for this
Certificate of Obligation it will make available to the Paying Agent/ Registrar, from the "Interest and Sinking
Fund" created by the Certificate of Obligation Ordinance, the amounts required to provide for the payment,
in immediately available funds, of all principal of and interest on this Certificate of Obligation, when due.
IF THE DATE for the payment of the principal of or interest on this Certificate of Obligation shall
be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the Paying
Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment
shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which
banking institutions are authorized to close; and payment on such date shall have the same force and effect
as if made on the original date payment was due.
THIS CERTIFICATE OF OBLIGATION has been authorized in accordance with the Constitution
and laws of the State of Texas, in the principal amount of $20,000,000, for the acquisition of approximately
360 acres, together with the acquisition of approximately 115 acres from the proceeds of the City’s
Combination Tax and Revenue Certificates of Obligation, Taxable Series 2008B, being a total of
approximately 475 acres all out of a tract of land of approximately 940 acres known as North Lake property
owned by Luminant, being located east of south Beltline, south of east Beltline, west of Valley Ranch Road
being located in Irving and north of Hackberry Road, to be used in part for water system improvements
including storage facilities and pumping station and in part for future municipal improvements, facilities and
purposes, and for paying legal, fiscal, and engineering fees in connection with such projects.
5
ON FEBRUARY 1, 2018, or any date thereafter, the unpaid installments of principal of this
Certificate of Obligation may be prepaid or redeemed prior to their scheduled due dates, at the option of the
Issuer, with funds derived from any available source, as a whole, or in part, and, if in part, the Issuer shall
select and designate the maturity, or maturities, and the amount that is to be redeemed, and if less than a
whole maturity is to be called, the Issuer shall direct the Paying Agent/Registrar to call by lot (provided that
a portion of this Certificate of Obligation may be redeemed only in an integral multiple of $5,000), at the
redemption price of the principal amount, plus accrued interest to the date fixed for prepayment or
redemption.
AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written notice
of such prepayment or redemption shall be mailed by the Paying Agent/Registrar to the registered owner
hereof. By the date fixed for any such prepayment or redemption due provision shall be made by the Issuer
with the Paying Agent/Registrar for the payment of the required prepayment or redemption price for this
Certificate of Obligation or the portion hereof which is to be so prepaid or redeemed, plus accrued interest
thereon to the date fixed for prepayment or redemption. If such written notice of prepayment or redemption
is given, and if due provision for such payment is made, all as provided above, this Certificate of Obligation,
or the portion thereof which is to be so prepaid or redeemed, thereby automatically shall be treated as prepaid
or redeemed prior to its scheduled due date, and shall not bear interest after the date fixed for its prepayment
or redemption, and shall not be regarded as being outstanding except for the right of the registered owner to
receive the prepayment or redemption price plus accrued interest to the date fixed for prepayment or
redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying
Agent/Registrar shall record in the Registration Books all such prepayments or redemptions of principal of
this Certificate of Obligation or any portion hereof.
THIS CERTIFICATE OF OBLIGATION, to the extent of the unpaid or unredeemed principal
balance hereof, or any unpaid and unredeemed portion hereof in any integral multiple of $5,000, may be
assigned by the initial registered owner hereof and shall be transferred only in the Registration Books of the
Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for this Certificate of Obligation,
upon the terms and conditions set forth in the Certificate of Obligation Ordinance. Among other requirements
for such transfer, this Certificate of Obligation must be presented and surrendered to the Paying
Agent/Registrar for cancellation, together with proper instruments of assignment, in form and with guarantee
of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment by the initial registered owner
of this Certificate of Obligation, or any portion or portions hereof in any integral multiple of $5,000, to the
assignee or assignees in whose name or names this Certificate of Obligation or any such portion or portions
hereof is or are to be transferred and registered. Any instrument or instruments of assignment satisfactory
to the Paying Agent/Registrar may be used to evidence the assignment of this Certificate of Obligation or any
such portion or portions hereof by the initial registered owner hereof. A new certificate of obligation or
certificates of obligation payable to such assignee or assignees (which then will be the new registered owner
or owners of such new certificate of obligation or certificates of obligation) or to the initial registered owner
as to any portion of this Certificate of Obligation which is not being assigned and transferred by the initial
registered owner, shall be delivered by the Paying Agent/Registrar in conversion of and exchange for this
Certificate of Obligation or any portion or portions hereof, but solely in the form and manner as provided in
the next paragraph hereof for the conversion and exchange of this Certificate of Obligation or any portion
hereof. The registered owner of this Certificate of Obligation shall be deemed and treated by the Issuer and
the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge
of liability upon this Certificate of Obligation to the extent of such payment, and the Issuer and the Paying
Agent/Registrar shall not be affected by any notice to the contrary.
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AS PROVIDED above and in the Certificate of Obligation Ordinance, this Certificate of Obligation,
to the extent of the unpaid or unredeemed principal balance hereof, may be converted into and exchanged for
a like aggregate principal amount of fully registered certificates of obligation, without interest coupons,
payable to the assignee or assignees duly designated in writing by the initial registered owner hereof, or to
the initial registered owner as to any portion of this Certificate of Obligation which is not being assigned and
transferred by the initial registered owner, in any denomination or denominations in any integral multiple of
$5,000 (subject to the requirement hereinafter stated that each substitute certificate of obligation issued in
exchange for any portion of this Certificate of Obligation shall have a single stated principal maturity date),
upon surrender of this Certificate of Obligation to the Paying Agent/Registrar for cancellation, all in
accordance with the form and procedures set forth in the Certificate of Obligation Ordinance. If this
Certificate of Obligation or any portion hereof is assigned and transferred or converted each certificate of
obligation issued in exchange for any portion hereof shall have a single stated principal maturity date
corresponding to the due date of the installment of principal of this Certificate of Obligation or portion hereof
for which the substitute certificate of obligation is being exchanged, and shall bear interest at the rate
applicable to and borne by such installment of principal or portion thereof. Such certificates of obligation,
respectively, shall be subject to redemption prior to maturity on the same dates and for the same prices as the
corresponding installment of principal of this Certificate of Obligation or portion hereof for which they are
being exchanged. No such certificate of obligation shall be payable in installments, but shall have only one
stated principal maturity date. AS PROVIDED IN THE CERTIFICATE OF OBLIGATION ORDINANCE,
THIS CERTIFICATE OF OBLIGATION IN ITS PRESENT FORM MAY BE ASSIGNED AND
TRANSFERRED OR CONVERTED ONCE ONLY, and to one or more assignees, but the certificates of
obligation issued and delivered in exchange for this Certificate of Obligation or any portion hereof may be
assigned, transferred and converted, subsequently, as provided in the Certificate of Obligation Ordinance.
The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring,
converting, and exchanging this Certificate of Obligation or any portion thereof, but the one requesting such
transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with
respect thereto. The Paying Agent/Registrar shall not be required to make any such assignment, conversion,
or exchange (i) during the period commencing with the close of business on any Record Date and ending with
the opening of business on the next following principal or interest payment date, or, (ii) with respect to any
Certificate of Obligation or portion thereof called for prepayment or redemption prior to maturity, within 45
days prior to its prepayment or redemption date.
IN THE EVENT any Paying Agent/Registrar for this Certificate of Obligation is changed by the
Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate of Obligation
Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly
will cause written notice thereof to be mailed to the registered owner of this Certificate of Obligation.
IT IS HEREBY certified, recited, and covenanted that this Certificate of Obligation has been duly
and validly authorized, issued, sold, and delivered; that all acts, conditions, and things required or proper to
be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Certificate
of Obligation have been performed, existed, and been done in accordance with law; that this Certificate of
Obligation is a general obligation of the Issuer, issued on the full faith and credit thereof; and that ad valorem
taxes sufficient to provide for the payment of the interest on and principal of this Certificate of Obligation,
as such interest and principal come due, have been levied and ordered to be levied against all taxable property
in the Issuer, and have been pledged for such payment, within the limit prescribed by law, and that this
Certificate of Obligation is additionally secured by and payable from the limited surplus revenues of the
Issuer's Waterworks and Sewer System, remaining after payment of all operation and maintenance expenses
thereof, and all debt service, reserve, and other requirements in connection with all of the Issuer's obligations
(now or hereafter outstanding), which are payable from all or any part of the Net Revenues of the Issuer's
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Waterworks and Sewer System.
BY BECOMING the registered owner of this Certificate of Obligation, the registered owner thereby
acknowledges all of the terms and provisions of the Certificate of Obligation Ordinance, agrees to be bound
by such terms and provisions, acknowledges that the Certificate of Obligation Ordinance is duly recorded and
available for inspection in the official minutes and records of the governing body of the Issuer, and agrees
that the terms and provisions of this Certificate of Obligation and the Certificate of Obligation Ordinance
constitute a contract between the registered owner hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Certificate of Obligation to be signed with the
manual or facsimile signature of the Mayor of the Issuer, countersigned with the manual or facsimile
signature of the City Secretary of the Issuer, and has caused the official seal of the Issuer to be duly
impressed, or placed in facsimile, on this Certificate of Obligation to be dated October 1, 2008.
____________________________ _________________________
City Secretary Mayor
(CITY SEAL)
FORM OF REGISTRATION CERTIFICATE
OF THE COMPTROLLER OF PUBLIC ACCOUNTS:
COMPTROLLER'S REGISTRATION CERTIFICATE:
REGISTER NO.
I hereby certify that this Certificate of Obligation has been examined, certified as to validity, and
approved by the Attorney General of the State of Texas, and that this Certificate of Obligation has been
registered by the Comptroller of Public Accounts of the State of Texas.
Witness my signature and seal this
______________________________________
Comptroller of Public Accounts of the State of Texas
(COMPTROLLER'S SEAL)
Section 6. ADDITIONAL CHARACTERISTICS OF THE CERTIFICATES OF
OBLIGATION. Registration and Transfer.(a) The Issuer shall keep or cause to be kept at the principal
corporate trust office of U.S. Bank National Association, Houston, Texas, (the "Paying Agent/Registrar")
books or records of the registration and transfer of the Certificates of Obligation (the "Registration Books"),
and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such
books or records and make such transfers and registrations under such reasonable regulations as the Issuer
and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such transfers and
registrations as herein provided. The Paying Agent/Registrar shall obtain and record in the Registration
Books the address of the registered owner of each Certificate of Obligation to which payments with respect
to the Certificates of Obligation shall be mailed, as herein provided; but it shall be the duty of each registered
owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and
such interest payments shall not be mailed unless such notice has been given. The Issuer shall have the right
to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise
the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by
8
law, shall not permit their inspection by any other entity. Registration of each Certificate of Obligation may
be transferred in the Registration Books only upon presentation and surrender of such Certificate of
Obligation to the Paying Agent/Registrar for transfer of registration and cancellation, together with proper
written instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/
Registrar, (i) evidencing the assignment of the Certificate of Obligation, or any portion thereof in any integral
multiple of $5,000, to the assignee or assignees thereof, and (ii) the right of such assignee or assignees to have
the Certificate of Obligation or any such portion thereof registered in the name of such assignee or assignees.
Upon the assignment and transfer of any Certificate of Obligation or any portion thereof, a new substitute
Certificate of Obligation or Certificates of Obligation shall be issued in conversion and exchange therefor in
the manner herein provided. The Initial Certificate of Obligation, to the extent of the unpaid or unredeemed
principal balance thereof, may be assigned and transferred by the initial registered owner thereof once only,
and to one or more assignees designated in writing by the initial registered owner thereof. All Certificates
of Obligation issued and delivered in conversion of and exchange for the Initial Certificate of Obligation shall
be in any denomination or denominations of any integral multiple of $5,000 (subject to the requirement
hereinafter stated that each substitute Certificate of Obligation shall have a single stated principal maturity
date), shall be in the form prescribed in the FORM OF SUBSTITUTE CERTIFICATE OF OBLIGATION
set forth in this Ordinance, and shall have the characteristics, and may be assigned, transferred, and converted
as hereinafter provided. If the Initial Certificate of Obligation or any portion thereof is assigned and
transferred or converted the Initial Certificate of Obligation must be surrendered to the Paying
Agent/Registrar for cancellation, and each Certificate of Obligation issued in exchange for any portion of the
Initial Certificate of Obligation shall have a single stated principal maturity date, and shall not be payable in
installments; and each such Certificate of Obligation shall have a principal maturity date corresponding to
the due date of the installment of principal or portion thereof for which the substitute Certificate of Obligation
is being exchanged; and each such Certificate of Obligation shall bear interest at the single rate applicable
to and borne by such installment of principal or portion thereof for which it is being exchanged. If only a
portion of the Initial Certificate of Obligation is assigned and transferred, there shall be delivered to and
registered in the name of the initial registered owner substitute Certificates of Obligation in exchange for the
unassigned balance of the Initial Certificate of Obligation in the same manner as if the initial registered owner
were the assignee thereof. If any Certificate of Obligation or portion thereof other than the Initial Certificate
of Obligation is assigned and transferred or converted each Certificate of Obligation issued in exchange
therefor shall have the same principal maturity date and bear interest at the same rate as the Certificate of
Obligation for which it is exchanged. A form of assignment shall be printed or endorsed on each Certificate
of Obligation, excepting the Initial Certificate of Obligation, which shall be executed by the registered owner
or its duly authorized attorney or representative to evidence an assignment thereof. Upon surrender of any
Certificates of Obligation or any portion or portions thereof for transfer of registration, an authorized
representative of the Paying Agent/Registrar shall make such transfer in the Registration Books, and shall
deliver a new fully registered substitute Certificate of Obligation or Certificates of Obligation, having the
characteristics herein described, payable to such assignee or assignees (which then will be the registered
owner or owners of such new Certificate of Obligation or Certificates of Obligation), or to the previous
registered owner in case only a portion of a Certificate of Obligation is being assigned and transferred, all in
conversion of and exchange for said assigned Certificate of Obligation or Certificates of Obligation or any
portion or portions thereof, in the same form and manner, and with the same effect, as provided in Section
6(d), below, for the conversion and exchange of Certificates of Obligation by any registered owner of a
Certificate of Obligation. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and
charges for making such transfer and delivery of a substitute Certificate of Obligation or Certificates of
Obligation, but the one requesting such transfer shall pay any taxes or other governmental charges required
to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of
registration of any Certificate of Obligation or any portion thereof (i) during the period commencing with the
close of business on any Record Date and ending with the opening of business on the next following principal
9
or interest payment date, or, (ii) with respect to any Certificate of Obligation or any portion thereof called for
redemption prior to maturity, within 45 days prior to its redemption date.
(b) Ownership of Certificates of Obligation. The entity in whose name any Certificate of Obligation
shall be registered in the Registration Books at any time shall be deemed and treated as the absolute owner
thereof for all purposes of this Ordinance, whether or not such Certificate of Obligation shall be overdue, and
the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary; and payment
of, or on account of, the principal of, premium, if any, and interest on any such Certificate of Obligation shall
be made only to such registered owner. All such payments shall be valid and effectual to satisfy and
discharge the liability upon such Certificate of Obligation to the extent of the sum or sums so paid.
(c) Payment of Certificates of Obligation and Interest. The Issuer hereby further appoints the Paying
Agent/Registrar to act as the paying agent for paying the principal of and interest on the Certificates of
Obligation, and to act as its agent to convert and exchange or replace Certificates of Obligation, all as
provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by
the Issuer and the Paying Agent/Registrar with respect to the Certificates of Obligation, and of all conversions
and exchanges of Certificates of Obligation, and all replacements of Certificates of Obligation, as provided
in this Ordinance. However, in the event of a nonpayment of interest on a scheduled payment date, and for
thirty (30) days thereafter, a new record date for such interest payment )a "Special Record Date") will be
established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been
received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past
due interest (which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5)
business days prior to the Special Record Date by United States mail, first class postage prepaid, to the
address of each Certificate of Obligation holder appearing on the Security Register at the close of business
on the last business day next preceding the date of mailing of such notice.
(d) Conversion and Exchange or Replacement; Authentication. Each Certificate of Obligation issued
and delivered pursuant to this Ordinance, to the extent of the unpaid or unredeemed principal balance or
principal amount thereof, may, upon surrender of such Certificate of Obligation at the principal corporate
trust office of the Paying Agent/Registrar, together with a written request therefor duly executed by the
registered owner or the assignee or assignees thereof, or its or their duly authorized attorneys or
representatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, may, at the option
of the registered owner or such assignee or assignees, as appropriate, be converted into and exchanged for
fully registered certificates of obligation, without interest coupons, in the form prescribed in the FORM OF
SUBSTITUTE CERTIFICATE OF OBLIGATION set forth in this Ordinance, in the denomination of $5,000,
or any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Certificate
of Obligation shall have a single stated maturity date), as requested in writing by such registered owner or
such assignee or assignees, in an aggregate principal amount equal to the unpaid or unredeemed principal
balance or principal amount of any Certificate of Obligation or Certificates of Obligation so surrendered, and
payable to the appropriate registered owner, assignee, or assignees, as the case may be. If the Initial
Certificate of Obligation is assigned and transferred or converted each substitute Certificate of Obligation
issued in exchange for any portion of the Initial Certificate of Obligation shall have a single stated principal
maturity date, and shall not be payable in installments; and each such Certificate of Obligation shall have a
principal maturity date corresponding to the due date of the installment of principal or portion thereof for
which the substitute Certificate of Obligation is being exchanged; and each such Certificate of Obligation
shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof
for which it is being exchanged. If a portion of any Certificate of Obligation (other than the Initial Certificate
of Obligation) shall be redeemed prior to its scheduled maturity as provided herein, a substitute Certificate
of Obligation or Certificates of Obligation having the same maturity date, bearing interest at the same rate,
10
in the denomination or denominations of any integral multiple of $5,000 at the request of the registered
owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the
registered owner upon surrender thereof for cancellation. If any Certificate of Obligation or portion thereof
(other than the Initial Certificate of Obligation) is assigned and transferred or converted, each Certificate of
Obligation issued in exchange therefor shall have the same principal maturity date and bear interest at the
same rate as the Certificate of Obligation for which it is being exchanged. Each substitute Certificate of
Obligation shall bear a letter and/or number to distinguish it from each other Certificate of Obligation. The
Paying Agent/Registrar shall convert and exchange or replace Certificates of Obligation as provided herein,
and each fully registered certificate of obligation delivered in conversion of and exchange for or replacement
of any Certificate of Obligation or portion thereof as permitted or required by any provision of this Ordinance
shall constitute one of the Certificates of Obligation for all purposes of this Ordinance, and may again be
converted and exchanged or replaced. It is specifically provided that any Certificate of Obligation
authenticated in conversion of and exchange for or replacement of another Certificate of Obligation on or
prior to the first scheduled Record Date for the Initial Certificate of Obligation shall bear interest from the
date of the Initial Certificate of Obligation, but each substitute Certificate of Obligation so authenticated after
such first scheduled Record Date shall bear interest from the interest payment date next preceding the date
on which such substitute Certificate of Obligation was so authenticated, unless such Certificate of Obligation
is authenticated after any Record Date but on or before the next following interest payment date, in which
case it shall bear interest from such next following interest payment date; provided, however, that if at the
time of delivery of any substitute Certificate of Obligation the interest on the Certificate of Obligation for
which it is being exchanged is due but has not been paid, then such Certificate of Obligation shall bear
interest from the date to which such interest has been paid in full. THE INITIAL CERTIFICATE OF
OBLIGATION issued and delivered pursuant to this Ordinance is not required to be, and shall not be,
authenticated by the Paying Agent/Registrar, but on each substitute Certificate of Obligation issued in
conversion of and exchange for or replacement of any Certificate of Obligation or Certificates of Obligation
issued under this Ordinance there shall be printed a certificate, in the form substantially as follows:
"PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this Certificate of Obligation has been issued under the provisions of the
Certificate of Obligation Ordinance described on the face of this Certificate of Obligation; and that this
Certificate of Obligation has been issued in conversion of and exchange for or replacement of a certificate
of obligation, certificates of obligation, or a portion of a certificate of obligation or certificates of obligation
of an issue which originally was approved by the Attorney General of the State of Texas and registered by
the Comptroller of Public Accounts of the State of Texas.
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__________________________
Paying Agent/Registrar
Dated __________________ By________________________
Authorized Representative"
An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Certificate
of Obligation, date and manually sign the above Certificate, and no such Certificate of Obligation shall be
deemed to be issued or outstanding unless such Certificate is so executed. The Paying Agent/Registrar
promptly shall cancel all Certificates of Obligation surrendered for conversion and exchange or replacement.
No additional ordinances, orders, or resolutions need be passed or adopted by the governing body of the
Issuer or any other body or person so as to accomplish the foregoing conversion and exchange or replacement
of any Certificate of Obligation or portion thereof, and the Paying Agent/Registrar shall provide for the
printing, execution, and delivery of the substitute Certificates of Obligation in the manner prescribed herein,
and said Certificates of Obligation shall be of type composition printed on paper with lithographed or steel
engraved borders of customary weight and strength. Pursuant to Chapter 1201, Texas Government Code, the
duty of conversion and exchange or replacement of Certificates of Obligation as aforesaid is hereby imposed
upon the Paying Agent/Registrar, and, upon the execution of the above Paying Agent/Registrar's
Authentication Certificate, the converted and exchanged or replaced Certificate of Obligation shall be valid,
incontestable, and enforceable in the same manner and with the same effect as the Initial Certificate of
Obligation which originally was issued pursuant to this Ordinance, approved by the Attorney General, and
registered by the Comptroller of Public Accounts. The Issuer shall pay the Paying Agent/Registrar's standard
or customary fees and charges for transferring, converting, and exchanging any Certificate of Obligation or
any portion thereof, but the one requesting any such transfer, conversion, and exchange shall pay any taxes
or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of
such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to make any
such conversion and exchange or replacement of Certificates of Obligation or any portion thereof (i) during
the period commencing with the close of business on any Record Date and ending with the opening of
business on the next following principal or interest payment date, or, (ii) with respect to any Certificate of
Obligation or portion thereof called for redemption prior to maturity, within 45 days prior to its redemption
date.
(e) In General. All Certificates of Obligation issued in conversion and exchange or replacement of
any other Certificate of Obligation or portion thereof, (i) shall be issued in fully registered form, without
interest coupons, with the principal of and interest on such Certificates of Obligation to be payable only to
the registered owners thereof, (ii) may be redeemed prior to their scheduled maturities, (iii) may be transferred
and assigned, (iv) may be converted and exchanged for other Certificates of Obligation, (v) shall have the
characteristics, (vi) shall be signed and sealed, and (vii) the principal of and interest on the Certificates of
Obligation shall be payable, all as provided, and in the manner required or indicated, in the FORM OF
SUBSTITUTE CERTIFICATE OF OBLIGATION set forth in this Ordinance.
(f) Payment of Fees and Charges. The Issuer hereby covenants with the registered owners of the
Certificates of Obligation that it will (i) pay the standard or customary fees and charges of the Paying
Agent/Registrar for its services with respect to the payment of the principal of and interest on the Certificates
of Obligation, when due, and (ii) pay the fees and charges of the Paying Agent/Registrar for services with
respect to the transfer of registration of Certificates of Obligation, and with respect to the conversion and
exchange of Certificates of Obligation solely to the extent above provided in this Ordinance.
(g) Substitute Paying Agent/Registrar. The Issuer covenants with the registered owners of the
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Certificates of Obligation that at all times while the Certificates of Obligation are outstanding the Issuer will
provide a competent and legally qualified bank, trust company, financial institution, or other agency to act
as and perform the services of Paying Agent/Registrar for the Certificates of Obligation under this Ordinance,
and that the Paying Agent/Registrar will be one entity. The Issuer reserves the right to, and may, at its option,
change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar,
to be effective not later than 60 days prior to the next principal or interest payment date after such notice.
In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger,
acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants that
promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other
agency to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying
Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration
Books (or a copy thereof), along with all other pertinent books and records relating to the Certificates of
Obligation, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in
the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new
Paying Agent/Registrar to each registered owner of the Certificates of Obligation, by United States mail,
first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By
accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed
to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying
Agent/Registrar.
(h) Book-Entry Only System. The Certificates of Obligation issued in exchange for the Certificates
of Obligation initially issued to the purchaser specified herein shall be initially issued in the form of a separate
single fully registered Certificate of Obligation for each of the maturities thereof. Upon initial issuance, the
ownership of each such Certificate of Obligation shall be registered in the name of Cede & Co., as nominee
of Depository Trust Company of New York ("DTC"), and except as provided in subsection (f) hereof, all of
the outstanding Certificates of Obligation shall be registered in the name of Cede & Co., as nominee of DTC.
With respect to Certificates of Obligation registered in the name of Cede & Co., as nominee of DTC,
the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation to any DTC Participant
or to any person on behalf of whom such a DTC Participant holds an interest on the Certificates of Obligation.
Without limiting the immediately preceding sentence, the Issuer and the Paying Agent/Registrar shall have
no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC
Participant with respect to any ownership interest in the Certificates of Obligation, (ii) the delivery to any
DTC Participant or any other person, other than a Certificate of Obligation holder, as shown on the
Registration Books, of any notice with respect to the Certificates of Obligation, including any notice of
redemption, or (iii) the payment to any DTC Participant or any other person, other than a Certificate of
Obligation holder, as shown in the Registration Books of any amount with respect to principal of, premium,
if any, or interest on, as the case may be, the Certificates of Obligation. Notwithstanding any other provision
of this Ordinance to the contrary, the Issuer and the Paying Agent/Registrar shall be entitled to treat and
consider the person in whose name each Certificate of Obligation is registered in the Registration Books as
the absolute owner of such Certificate of Obligation for the purpose of payment of principal, premium, if any,
and interest, as the case may be, with respect to such Certificate of Obligation, for the purpose of giving
notices of redemption and other matters with respect to such Certificate of Obligation, for the purpose of
registering transfers with respect to such Certificate of Obligation, and for all other purposes whatsoever. The
Paying Agent/Registrar shall pay all principal of, premium, if any, and interest on the Certificates of
Obligation only to or upon the order of the respective owners, as shown in the Registration Books as provided
in this Ordinance, or their respective attorneys duly authorized in writing, and all such payments shall be valid
and effective to fully satisfy and discharge the Issuer's obligations with respect to payment of principal of,
premium, if any, and interest on, or as the case may be, the Certificates of Obligation to the extent of the sum
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or sums so paid. No person other than an owner, as shown in the Registration Books, shall receive a
Certificate of Obligation certificate evidencing the obligation of the Issuer to make payments of principal,
premium, if any, and interest, as the case may be, pursuant to this Ordinance. Upon delivery by DTC to the
Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee
in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks being
mailed to the registered owner at the close of business on the Record Date, the word "Cede & Co." in this
Ordinance shall refer to such new nominee of DTC.
(i) Successor Securities Depository; Transfers Outside Book-Entry Only System. In the event that
the Issuer or the Paying Agent/Registrar determines that DTC is incapable of discharging its responsibilities
described herein and in the representation letter of the Issuer to DTC and that it is in the best interest of the
beneficial owners of the Certificates of Obligation that they be able to obtain certificated Certificates of
Obligation, the Issuer or the Paying Agent/Registrar shall (i) appoint a successor securities depository,
qualified to act as such under Section 17(a) of the Securities and Exchange Act of 1934, as amended, notify
DTC and DTC Participants of the appointment of such successor securities depository and transfer one or
more separate Certificates of Obligation to such successor securities depository or (ii) notify DTC and DTC
Participants of the availability through DTC of Certificates of Obligation and transfer one or more separate
Certificates of Obligation to DTC Participants having Certificates of Obligation credited to their DTC
accounts. In such event, the Certificates of Obligation shall no longer be restricted to being registered in the
Registration Books in the name of Cede & Co., as nominee of DTC, but may be registered in the name of the
successor securities depository, or its nominee, or in whatever name or names Certificate of Obligation
holders transferring or exchanging Certificates of Obligation shall designate, in accordance with the
provisions of this Ordinance.
(j) Payments to Cede & Co. Notwithstanding any other provision of this Ordinance to the contrary,
so long as any Certificate of Obligation is registered in the name of Cede & Co., as nominee of DTC, all
payments with respect to principal of, premium, if any, and interest on, or as the case may be, such Certificate
of Obligation and all notices with respect to such Certificate of Obligation shall be made and given,
respectively, in the manner provided in the representation letter of the Issuer to DTC.
Section 7. FORM OF SUBSTITUTE CERTIFICATES OF OBLIGATION. The form of all
Certificates of Obligation issued in conversion and exchange or replacement of any other Certificate of
Obligation or portion thereof, including the form of Paying Agent/Registrar's Certificate to be printed on each
of such Certificates of Obligation, and the Form of Assignment to be printed on each of the Certificates of
Obligation, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or
insertions as are permitted or required by this Ordinance.
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FORM OF SUBSTITUTE CERTIFICATE OF OBLIGATION
NO. ____ PRINCIPAL AMOUNT
$__________________
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF DALLAS AND DENTON
CITY OF COPPELL, TEXAS
COMBINATION TAX AND REVENUE
CERTIFICATE OF OBLIGATION, SERIES 2008A
INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP NO.
October 1, 2008
ON THE MATURITY DATE specified above, THE CITY OF COPPELL (the "Issuer") in the
COUNTIES OF DALLAS AND DENTON, being a political subdivision of the State of Texas, hereby
promises to pay to
______________________________________________
or to the registered assignee hereof (either being hereinafter called the "registered owner") the principal
amount of
______________________________________________
and to pay interest thereon from October 1, 2008, to the maturity date specified above, or the date of
redemption prior to maturity, at the interest rate per annum specified above with interest being payable on
August 1, 2009, and semiannually on each February 1 and August 1 thereafter; except that if the date of
authentication of this Certificate of Obligation is later than July 15, 2009, such principal amount shall bear
interest from the interest payment date next preceding the date of authentication, unless such date of
authentication is after any Record Date (hereinafter defined) but on or before the next following interest
payment date, in which case such principal amount shall bear interest from such next following interest
payment date.
THE PRINCIPAL OF AND INTEREST ON this Certificate of Obligation are payable in lawful
money of the United States of America, without exchange or collection charges. The principal of this
Certificate of Obligation shall be paid to the registered owner hereof upon presentation and surrender of this
Certificate of Obligation at maturity or upon the date fixed for its redemption prior to maturity, at the
principal corporate trust office of U.S. Bank National Association, Houston, Texas, which is the "Paying
Agent/Registrar" for this Certificate of Obligation. The payment of interest on this Certificate of Obligation
shall be made by the Paying Agent/Registrar to the registered owner hereof on the interest payment date by
check or draft, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable
solely from, funds of the Issuer required by the Ordinance authorizing the issuance of the Certificates of
Obligation (the "Certificate of Obligation Ordinance") to be on deposit with the Paying Agent/Registrar for
such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by
United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner
hereof, at the address of the registered owner, as it appeared on the 15th day of the month next preceding such
date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter
described, or by such other method acceptable to the Paying Agent/Registrar requested by, and at the risk and
15
expense of, the registered owner. Any accrued interest due upon the redemption of this Certificate of
Obligation prior to maturity as provided herein shall be paid to the registered owner at the principal corporate
trust office of the Paying Agent/Registrar upon presentation and surrender of this Certificate of Obligation
for redemption and payment at the principal corporate trust office of the Paying Agent/Registrar. The Issuer
covenants with the registered owner of this Certificate of Obligation that on or before each principal payment
date, interest payment date, and accrued interest payment date for this Certificate of Obligation, it will make
available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Certificate of
Obligation Ordinance, the amounts required to provide for the payment, in immediately available funds, of
all principal of and interest on the Certificates of Obligation, when due.
IF THE DATE for the payment of the principal of or interest on this Certificate of Obligation shall
be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the Paying
Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment
shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which
banking institutions are authorized to close; and payment on such date shall have the same force and effect
as if made on the original date payment was due.
THIS CERTIFICATE OF OBLIGATION is one of an issue of Certificates of Obligation initially
dated October 1, 2008, authorized in accordance with the Constitution and laws of the State of Texas in the
principal amount of $20,000,000, for the acquisition of approximately 360 acres, together with the
acquisition of approximately 115 acres from the proceeds of the City’s Combination Tax and Revenue
Certificates of Obligation, Taxable Series 2008B, being a total of approximately 475 acres all out of a tract
of land of approximately 940 acres known as North Lake property owned by Luminant, being located east
of south Beltline, south of east Beltline, west of Valley Ranch Road being located in Irving and north of
Hackberry Road, to be used in part for water system improvements including storage facilities and pumping
station and in part for future municipal improvements, facilities and purposes, and for paying legal, fiscal,
and engineering fees in connection with such projects.
ON FEBRUARY 1, 2018, or any date thereafter, the Certificates of Obligation of this Series may be
redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available
source, as a whole, or in part, and, if in part, the maturity or maturities of Certificates of Obligation and the
amounts thereof, to be redeemed shall be selected and designated by the Issuer, and the Issuer shall direct the
Paying Agent/Registrar to call by lot Certificates of Obligation, or portions thereof within such maturities and
in such principal amounts, for redemption (provided that a portion of this Certificate of Obligation may be
redeemed only in an integral multiple of $5,000), at the prepayment or redemption price of the principal
amount thereof, plus accrued interest to the date fixed for prepayment or redemption.
AT LEAST 30 days prior to the date fixed for any redemption of Certificates of Obligation or
portions thereof prior to maturity a written notice of such redemption shall be sent by the Paying
Agent/Registrar by United States mail, first-class postage prepaid, not less than 30 days prior to the date fixed
for any such redemption, to the registered owner of each Certificate of Obligation to be redeemed at its
address as it appeared on the 45th day prior to such redemption date; provided, however, that the failure to
send, mail or receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect
the validity or effectiveness of the proceedings for the redemption of any Certificate of Obligation, and it is
hereby specifically provided that the mailing of such notice as required above shall be the only notice actually
required in connection with or as a prerequisite to the redemption of any Certificates of Obligations or
portions thereof. By the date fixed for any such redemption due provision shall be made with the Paying
Agent/Registrar for the payment of the required redemption price for the Certificates of Obligation or portions
thereof which are to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such
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written notice of redemption is mailed and if due provision for such payment is made, all as provided above,
the Certificates of Obligation or portions thereof which are to be so redeemed thereby automatically shall be
treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for
redemption, and they shall not be regarded as being outstanding except for the right of the registered owner
to receive the redemption price plus accrued interest from the Paying Agent/Registrar out of the funds
provided for such payment. If a portion of any Certificate of Obligation shall be redeemed a substitute
Certificate of Obligation or Certificates of Obligation having the same maturity date, bearing interest at the
same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request
of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be
issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as
provided in the Certificate of Obligation Ordinance.
THIS CERTIFICATE OF OBLIGATION OR ANY PORTION OR PORTIONS HEREOF IN ANY
INTEGRAL MULTIPLE OF $5,000 may be assigned and shall be transferred only in the Registration Books
of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Certificates of
Obligation, upon the terms and conditions set forth in the Certificate of Obligation Ordinance. Among other
requirements for such assignment and transfer, this Certificate of Obligation must be presented and
surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with
guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Certificate
of Obligation or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees
in whose name or names this Certificate of Obligation or any such portion or portions hereof is or are to be
transferred and registered. The form of Assignment printed or endorsed on this Certificate of Obligation shall
be executed by the registered owner or its duly authorized attorney or representative to evidence the
assignment hereof. A new Certificate of Obligation or Certificates of Obligation payable to such assignee
or assignees (which then will be the new registered owner or owners of such new Certificate of Obligation
or Certificates of Obligation), or to the previous registered owner in the case of the assignment and transfer
of only a portion of this Certificate of Obligation, may be delivered by the Paying Agent/Registrar in
conversion of and exchange for this Certificate of Obligation, all in the form and manner as provided in the
next paragraph hereof for the conversion and exchange of other Certificates of Obligation. The Issuer shall
pay the Paying Agent/Registrar's standard or customary fees and charges for making such transfer, but the
one requesting such transfer shall pay any taxes or other governmental charges required to be paid with
respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of this
Certificate of Obligation or any portion hereof (i) during the period commencing with the close of business
on any Record Date and ending with the opening of business on the next following principal or interest
payment date, or, (ii) with respect to any Certificate of Obligation or any portion thereof called for redemption
prior to maturity, within 45 days prior to its redemption date. The registered owner of this Certificate of
Obligation shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner
hereof for all purposes, including payment and discharge of liability upon this Certificate of Obligation to
the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice
to the contrary.
ALL CERTIFICATES OF OBLIGATION OF THIS SERIES are issuable solely as fully registered
certificates of obligation, without interest coupons, in the denomination of any integral multiple of $5,000.
As provided in the Certificate of Obligation Ordinance, this Certificate of Obligation, or any unredeemed
portion hereof, may, at the request of the registered owner or the assignee or assignees hereof, be converted
into and exchanged for a like aggregate principal amount of fully registered Certificates of Obligation,
without interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the case may
be, having the same maturity date, and bearing interest at the same rate, in any denomination or
denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner,
17
assignee, or assignees, as the case may be, upon surrender of this Certificate of Obligation to the Paying
Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Certificate
of Obligation Ordinance. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and
charges for transferring, converting, and exchanging any Certificate of Obligation or any portion thereof, but
the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges
required to be paid with respect thereto as a condition precedent to the exercise of such privilege of
conversion and exchange. The Paying Agent/Registrar shall not be required to make any such conversion
and exchange (i) during the period commencing with the close of business on any Record Date and ending
with the opening of business on the next following principal or interest payment date, or, (ii) with respect to
any Certificate of Obligation or portion thereof called for redemption prior to maturity, within 45 days prior
to its redemption date.
IN THE EVENT any Paying Agent/Registrar for the Certificates of Obligation is changed by the
Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate of Obligation
Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly
will cause written notice thereof to be mailed to the registered owners of the Certificates of Obligation.
IT IS HEREBY certified, recited, and covenanted that this Certificate of Obligation has been duly
and validly authorized, issued, sold, and delivered; that all acts, conditions, and things required or proper to
be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Certificate
of Obligation have been performed, existed, and been done in accordance with law; that this Certificate of
Obligation is a general obligation of the Issuer, issued on the full faith and credit thereof; and that ad valorem
taxes sufficient to provide for the payment of the interest on and principal of this Certificate of Obligation,
as such interest and principal come due, have been levied and ordered to be levied against all taxable property
in the Issuer, and have been pledged for such payment, within the limit prescribed by law, and that this
Certificate of Obligation is additionally secured by and payable from the limited surplus revenues of the
Issuer's Waterworks and Sewer System, remaining after payment of all operation and maintenance expenses
thereof, and all debt service, reserve, and other requirements in connection with all of the Issuer's obligations
(now or hereafter outstanding), which are payable from all or any part of the net revenues of the Issuer's
Waterworks and Sewer System.
BY BECOMING the registered owner of this Certificate of Obligation, the registered owner thereby
acknowledges all of the terms and provisions of the Certificate of Obligation Ordinance, agrees to be bound
by such terms and provisions, acknowledges that the Certificate of Obligation Ordinance is duly recorded and
available for inspection in the official minutes and records of the governing body of the Issuer, and agrees
that the terms and provisions of this Certificate of Obligation and the Certificate of Obligation Ordinance
constitute a contract between each registered owner hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Certificate of Obligation to be signed with the
manual or facsimile signature of the Mayor of the Issuer and countersigned with the manual or facsimile
signature of the City Secretary of the Issuer, and has caused the official seal of the Issuer to be duly
impressed, or placed in facsimile, on this Certificate of Obligation.
_______________________________ _______________________________
City Secretary Mayor
(CITY SEAL)
18
FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
(To be executed if this Certificate of Obligation is not accompanied by an
executed Registration Certificate of the Comptroller of Public Accounts of the State of Texas)
It is hereby certified that this Certificate of Obligation has been issued under the provisions of the Certificate
of Obligation Ordinance described on the face of this Certificate of Obligation; and that this Certificate of Obligation
has been issued in conversion of and exchange for or replacement of a certificate of obligation, certificates of obligation,
or a portion of a certificate of obligation or certificates of obligation of an issue which originally was approved by the
Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas.
Dated U.S. Bank, National Association
By:
Authorized Representative
FORM OF ASSIGNMENT:
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned registered owner of this Certificate of Obligation, or duly
authorized representative or attorney thereof, hereby assigns this Certificate of Obligation to
(Assignee's Social Security or Tax Payer
Identification Number)
(Print or type Assignee's Name and Address Including Zip
Code)
and hereby irrevocably constitutes and appoints
attorney, to transfer the registration of this Certificate of Obligation on the Paying Agent/Registrar's Registration Books
with full power of substitution in the premises.
Dated _______________
NOTICE: This signature must be guaranteed by a
member of the New York Stock Exchange or a
commercial bank or trust company.
NOTICE: This signature must correspond with the name
of the Registered Owner appearing on the face of this
Certificate of Obligation.
Section 8. TAX LEVY. A special Interest and Sinking Fund (the "Interest and Sinking
Fund") is hereby created solely for the benefit of the Certificates of Obligation, and the Interest and Sinking
Fund shall be established and maintained by the Issuer at an official depository bank of the Issuer. The
Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the Issuer, and
shall be used only for paying the interest on and principal of the Certificates of Obligation. All ad valorem
taxes levied and collected for and on account of the Certificates of Obligation shall be deposited, as collected,
to the credit of the Interest and Sinking Fund. During each year while any of the Certificates of Obligation
19
or interest thereon are outstanding and unpaid, the governing body of the Issuer shall compute and ascertain
a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay
the interest on the Certificates of Obligation as such interest comes due, and to provide and maintain a sinking
fund adequate to pay the principal of its Certificates of Obligation as such principal matures (but never less
than 2% of the original principal amount of the Certificates of Obligation as a sinking fund each year). Said
tax shall be based on the latest approved tax rolls of the Issuer, with full allowance being made for tax
delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and
is hereby ordered to be levied, against all taxable property in the Issuer for each year while any of the
Certificates of Obligation or interest thereon are outstanding and unpaid; and said tax shall be assessed and
collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad
valorem taxes sufficient to provide for the payment of the interest on and principal of the Certificates of
Obligation, as such interest comes due and such principal matures, are hereby pledged for such payment,
within the limit prescribed by law.
Chapter 1208, Government Code, applies to the issuance of the Certificates of Obligation and the
pledge of the taxes granted by the Issuer under this Section, and is therefore valid, effective, and perfected.
Should Texas law be amended at any time while the Certificates of Obligation are outstanding and unpaid,
the result of such amendment being that the pledge of the taxes granted by the Issuer under this Section is to
be subject to the filing requirements of Chapter 9, Business & Commerce Code, in order to preserve to the
registered owners of the Certificates of Obligation a security interest in said pledge, the Issuer agrees to take
such measures as it determines are reasonable and necessary under Texas law to comply with the applicable
provisions of Chapter 9, Business & Commerce Code and enable a filing of a security interest in said pledge
to occur.
Section 9. REVENUES. That said Certificates of Obligation, together with other obligations
of the Issuer, are additionally secured by and shall be payable from and secured by the collection of the
revenues of the Issuer's Waterworks and Sewer System, after payment of all operation and maintenance
expenses thereof, and all debt service, reserve, and other requirements in connection with all of the Issuer's
revenue bonds or other obligations (now or hereafter outstanding), which are payable from all or any part of
the net revenues of the Issuer's Waterworks and Sewer System, not to exceed $1,000, constituting "Surplus
Revenues". The Issuer shall deposit such Surplus Revenues to the credit of the Interest and Sinking Fund
created pursuant to Section 8, to the extent necessary to pay the principal and interest on the Certificates of
Obligation. Notwithstanding the requirements of Section 8, if revenues are actually on deposit or budgeted
for deposit in the Interest and Sinking Fund in advance of the time when ad valorem taxes are scheduled to
be levied for any year, then the amount of taxes which otherwise would have been required to be levied
pursuant to Section 8 may be reduced to the extent and by the amount of the revenues then on deposit in the
Interest and Sinking Fund or budgeted for deposit therein.
Section 10. TRANSFER. That the Mayor and the City Secretary are hereby ordered to do any
and all things necessary to accomplish the transfer of monies to the Interest and Sinking Fund of this issue
in ample time to pay such items of principal and interest.
Section 11. DEFEASANCE OF CERTIFICATES OF OBLIGATION. (a) Any Certificate of
Obligation and the interest thereon shall be deemed to be paid, retired, and no longer outstanding (a
"Defeased Certificate of Obligation") within the meaning of this Ordinance, except to the extent provided in
subsection (d) of this Section, when payment of the principal of such Certificate of Obligation, plus interest
20
thereon to the due date (whether such due date be by reason of maturity or otherwise) either (i) shall have
been made or caused to be made in accordance with the terms thereof, or (ii) shall have been provided for on
or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar in
accordance with an escrow agreement or other instrument (the "Future Escrow Agreement") for such payment
(1) lawful money of the United States of America sufficient to make such payment or (2) Defeasance
Securities that mature as to principal and interest in such amounts and at such times as will insure the
availability, without reinvestment, of sufficient money to provide for such payment, and when proper
arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment of its services
until all Defeased Certificates of Obligation shall have become due and payable. At such time as a Certificate
of Obligation shall be deemed to be a Defeased Certificate of Obligation hereunder, as aforesaid, such
Certificate of Obligation and the interest thereon shall no longer be secured by, payable from, or entitled to
the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such
principal and interest shall be payable solely from such money or Defeasance Securities. Notwithstanding
any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to
redeem Defeased Certificates of Obligation that is made in conjunction with the payment arrangements
specified in subsection 11(a)(i) or (ii) shall not be irrevocable, provided that: (1) in the proceedings providing
for such payment arrangements, the Issuer expressly reserves the right to call the Defeased Certificates of
Obligation for redemption; (2) gives notice of the reservation of that right to the owners of the Defeased
Certificate of Obligations immediately following the making of the payment arrangements; and (3) directs
that notice of the reservation be included in any redemption notices that it authorizes.
(b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the
Issuer also be invested in Defeasance Securities, maturing in the amounts and times as hereinbefore set forth,
and all income from such Defeasance Securities received by the Paying Agent/Registrar that is not required
for the payment of the Certificates of Obligation and interest thereon, with respect to which such money has
been so deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. Any
Future Escrow Agreement pursuant to which the money and/or Defeasance Securities are held for the
payment of Defeased Certificates of Obligation may contain provisions permitting the investment or
reinvestment of such moneys in Defeasance Securities or the substitution of other Defeasance Securities upon
the satisfaction of the requirements specified in subsection 11(a)(i) or (ii). All income from such Defeasance
Securities received by the Paying Agent/Registrar which is not required for the payment of the Defeased
Certificates of Obligation, with respect to which such money has been so deposited, shall be remitted to the
Issuer or deposited as directed in writing by the Issuer.
(c) The term "Defeasance Securities" means (i) direct, noncallable obligations of the United States
of America, including obligations that are unconditionally guaranteed by the United States of America., (ii)
noncallable obligations of an agency or instrumentality of the United States of America, including obligations
that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date of the
purchase thereof are rated as to investment quality by a nationally recognized investment rating firm not less
than AAA or its equivalent, and (iii) noncallable obligations of a state or an agency or a county, municipality,
or other political subdivision of a state that have been refunded and that, on the date the governing body of
the Issuer adopts or approves the proceedings authorizing the financial arrangements are rated as to
investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent.
(d) Until all Defeased Certificates of Obligation shall have become due and payable, the Paying
Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Certificates of
Obligation the same as if they had not been defeased, and the Issuer shall make proper arrangements to
provide and pay for such services as required by this Ordinance.
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(e) In the event that the Issuer elects to defease less than all of the principal amount of
Certificates of Obligation of a maturity, the Paying Agent/Registrar shall select, or cause to be selected, such
amount of Certificates of Obligation by such random method as it deems fair and appropriate.
Section 12. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED CERTIFICATES
OF OBLIGATION. (a) Replacement Certificates of Obligation. In the event any outstanding Certificate of
Obligation is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be
printed, executed, and delivered, a new certificate of obligation of the same principal amount, maturity, and
interest rate, as the damaged, mutilated, lost, stolen, or destroyed Certificate of Obligation, in replacement
for such Certificate of Obligation in the manner hereinafter provided.
(b) Application for Replacement Certificates of Obligation. Application for replacement of
damaged, mutilated, lost, stolen, or destroyed Certificates of Obligation shall be made by the registered owner
thereof to the Paying Agent/Registrar. In every case of loss, theft, or destruction of a Certificate of
Obligation, the registered owner applying for a replacement certificate of obligation shall furnish to the Issuer
and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of
them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction
of a Certificate of Obligation, the registered owner shall furnish to the Issuer and to the Paying
Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Certificate of
Obligation, as the case may be. In every case of damage or mutilation of a Certificate of Obligation, the
registered owner shall surrender to the Paying Agent/Registrar for cancellation the Certificate of Obligation
so damaged or mutilated.
(c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the event any
such Certificate of Obligation shall have matured, and no default has occurred which is then continuing in
the payment of the principal of, redemption premium, if any, or interest on the Certificate of Obligation, the
Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or
mutilated Certificate of Obligation) instead of issuing a replacement Certificate of Obligation, provided
security or indemnity is furnished as above provided in this Section.
(d) Charge for Issuing Replacement Certificates of Obligation. Prior to the issuance of any
replacement certificate of obligation, the Paying Agent/Registrar shall charge the registered owner of such
Certificate of Obligation with all legal, printing, and other expenses in connection therewith. Every
replacement certificate of obligation issued pursuant to the provisions of this Section by virtue of the fact that
any Certificate of Obligation is lost, stolen, or destroyed shall constitute a contractual obligation of the Issuer
whether or not the lost, stolen, or destroyed Certificate of Obligation shall be found at any time, or be
enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately
with any and all other Certificates of Obligation duly issued under this Ordinance.
(e) Authority for Issuing Replacement Certificates of Obligation. In accordance with Chapter 1201,
Local Government Code, this Section 12 of this Ordinance shall constitute authority for the issuance of any
such replacement certificate of obligation without necessity of further action by the governing body of the
Issuer or any other body or person, and the duty of the replacement of such certificates of obligation is hereby
authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate
and deliver such Certificates of Obligation in the form and manner and with the effect, as provided in Section
6(d) of this Ordinance for Certificates of Obligation issued in conversion and exchange for other Certificates
of Obligation.
Section 13. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES OF
22
OBLIGATION; BOND COUNSEL'S OPINION; CUSIP NUMBERS AND CONTINGENT INSURANCE
PROVISION, IF OBTAINED. The Mayor of the Issuer is hereby authorized to have control of the Initial
Certificate of Obligation issued hereunder and all necessary records and proceedings pertaining to the Initial
Certificate of Obligation pending its delivery and its investigation, examination, and approval by the Attorney
General of the State of Texas, and its registration by the Comptroller of Public Accounts of the State of Texas.
Upon registration of the Initial Certificate of Obligation said Comptroller of Public Accounts (or a deputy
designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration
Certificate on the Initial Certificate of Obligation, and the seal of said Comptroller shall be impressed, or
placed in facsimile, on the Initial Certificate of Obligation. The approving legal opinion of the Issuer's bond
counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the Initial Certificate
of Obligation or on any Certificates of Obligation issued and delivered in conversion of and exchange or
replacement of any Certificate of Obligation, but neither shall have any legal effect, and shall be solely for
the convenience and information of the registered owners of the Certificates of Obligation. In addition, if
bond insurance is obtained, the Certificates of Obligation may bear an appropriate legend as provided by the
insurer.
Section 14. COVENANTS REGARDING TAX EXEMPTION. (a) Covenants. The Issuer
covenants to take any action necessary to assure, or refrain from any action that would adversely affect, the
treatment of the Certificates of Obligation as obligations described in section 103 of the Code, the interest
on which is not includable in the "gross income" of the Certificates of Obligation holder for purposes of
federal income taxation. In furtherance thereof, the Issuer covenants as follows:
(1) to take any action to assure that no more than 10 percent of the proceeds of the
Certificates of Obligation (less amounts deposited to a reserve fund, if any) are used for any "private business
use," as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds or the projects
financed therewith are so used, such amounts, whether or not received by the Issuer, with respect to such
private business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or
indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Certificates
of Obligation, in contravention of section 141(b)(2) of the Code;
(2) to take any action to assure that in the event that the "private business use" described in
subsection (1) hereof exceeds 5 percent of the proceeds of the Certificates of Obligation or the projects
financed therewith (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent
is used for a "private business use" that is "related" and not "disproportionate," within the meaning of section
141(b)(3) of the Code, to the governmental use;
(3) to take any action to assure that no amount that is greater than the lesser of $5,000,000, or
5 percent of the proceeds of the Certificates of Obligation (less amounts deposited into a reserve fund, if any)
is directly or indirectly used to finance loans to persons, other than state or local governmental units, in
contravention of section 141(c) of the Code;
(4) to refrain from taking any action that would otherwise result in the Certificates of Obligation
being treated as "private activity bonds" within the meaning of section 141(b) of the Code;
(5) to refrain from taking any action that would result in the Certificates of Obligation being
"federally guaranteed" within the meaning of section 149(b) of the Code;
(6) to refrain from using any portion of the proceeds of the Certificates of Obligation, directly
or indirectly, to acquire or to replace funds that were used, directly or indirectly, to acquire investment
23
property (as defined in section 148(b)(2) of the Code) that produces a materially higher yield over the term
of the Certificates of Obligation, other than investment property acquired with –
(A) proceeds of the Certificates of Obligation invested for a reasonable temporary period
of 3 years or less or, in the case of a refunding Certificate of Obligation, for a period of 30 days or
less until such proceeds are needed for the purpose for which the Certificates of Obligation are
issued,
(B) amounts invested in a bona fide debt service fund, within the meaning of section
1.148-1(b) of the Treasury Regulations, and
(C) amounts deposited in any reasonably required reserve or replacement fund to the
extent such amounts do not exceed 10 percent of the proceeds of the Certificates of Obligation;
(7) to otherwise restrict the use of the proceeds of the Certificates of Obligation or amounts
treated as proceeds of the Certificates of Obligation, as may be necessary, so that the Certificates of
Obligation do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage)
and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); and
(8) to pay to the United States of America at least once during each five-year period (beginning
on the date of delivery of the Certificates of Obligation) an amount that is at least equal to 90 percent of the
"Excess Earnings," within the meaning of section 148(f) of the Code and to pay to the United States of
America, not later than 60 days after the Certificates of Obligation have been paid in full, 100 percent of the
amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code.
(b) Rebate Fund. In order to facilitate compliance with the above covenant (a)(8), a "Rebate Fund"
is hereby established by the Issuer for the sole benefit of the United States of America, and such Fund shall
not be subject to the claim of any other person, including without limitation the Certificate of Obligation
holders. The Rebate Fund is established for the additional purpose of compliance with section 148 of the
Code.
(c) Use of Proceeds. For purposes of the foregoing covenants (a)(1) and (a)(2), the Issuer
understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations
and, in the case of refunding Certificates of Obligation, transferred proceeds (if any) and proceeds of the
refunded Certificates of Obligation expended prior to the date of issuance of the Certificates of Obligation.
It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance
with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant
thereto. In the event that regulations or rulings are hereafter promulgated that modify or expand provisions
of the Code, as applicable to the Certificates of Obligation, the Issuer will not be required to comply with any
covenant contained herein to the extent that such failure to comply, in the opinion of nationally recognized
bond counsel, will not adversely affect the exemption from federal income taxation of interest on the
Certificates of Obligation under section 103 of the Code. In the event that regulations or rulings are hereafter
promulgated that impose additional requirements applicable to the Certificates of Obligation, the Issuer agrees
to comply with the additional requirements to the extent necessary, in the opinion of nationally recognized
bond counsel, to preserve the exemption from federal income taxation of interest on the Certificates of
Obligation under section 103 of the Code. In furtherance of such intention, the Issuer hereby authorizes and
directs the Mayor to execute any documents, certificates or reports required by the Code and to make such
elections, on behalf of the Issuer, that may be permitted by the Code as are consistent with the purpose for
the issuance of the Certificates of Obligation.
24
Section 15. ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR THE
PROJECT. The Issuer covenants to account for the expenditure of sale proceeds and investment earnings to
be used for the purposes described in Section 1 of this Ordinance (the "Project") on its books and records by
allocating proceeds to expenditures within 18 months of the later of the date that (1) the expenditure is made,
or (2) the Project is completed. The foregoing notwithstanding, the Issuer shall not expend sale proceeds or
investment earnings thereon more than 60 days after the earlier of (1) the fifth anniversary of the delivery of
the Certificates of Obligation, or (2) the date the Certificates of Obligation are retired, unless the Issuer
obtains an opinion of nationally-recognized bond counsel that such expenditure will not adversely affect the
tax-exempt status of the Certificates of Obligation for purposes hereof, the Issuer shall not be obligated to
comply with this covenant if it obtains an opinion that such failure to comply will not adversely affect the
excludability for federal income tax purposes from gross income of the interest.
Section 16. DISPOSITION OF PROJECT. The Issuer covenants that the property constituting
the Project will not be sold or otherwise disposed in a transaction resulting in the receipt by the Issuer of cash
or other compensation, unless the Issuer obtains an opinion of nationally-recognized Certificate of Obligation
counsel that such sale or other disposition will not adversely affect the tax-exempt status of the Certificates
of Obligation. For purposes of the foregoing, the portion of the property comprising personal property and
disposed in the ordinary course shall not be treated as a transaction resulting in the receipt of cash or other
compensation. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains
an opinion that such failure to comply will not adversely affect the excludability for federal income tax
purposes from gross income of the interest.
Section 17. CONTINUING DISCLOSURE. (a) Annual Reports. (i) The Issuer shall provide
annually to each NRMSIR and any SID, within six months after the end of each fiscal year ending in or after
2008, financial information and operating data with respect to the Issuer of the general type included in the
final Official Statement authorized by Section 19 of this Ordinance, being the information described in
Exhibit A. Any financial statements so to be provided shall be prepared in accordance with the accounting
principles described in Exhibit A thereto, or such other accounting principles as the Issuer may be required
to employ from time to time pursuant to state law or regulation, and audited, if the Issuer commissions an
audit of such statements and the audit is completed within the period during which they must be provided.
If the audit of such financial statements is not complete within such period, then the Issuer shall provide
unaudited financial statements for such period, and shall provide audited financial statements for the
applicable fiscal year to each NRMSIR and any SID, when and if the audit report on such statements become
available.
(ii) If the Issuer changes its fiscal year, it will notify each NRMSIR and any SID of the change (and
of the date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be required
to provide financial information and operating data pursuant to this Section. The financial information and
operating data to be provided pursuant to this Section may be set forth in full in one or more documents or
may be included by specific reference to any document (including an official statement or other offering
document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any SID
or filed with the SEC.
(b) Material Event Notices. The Issuer shall notify any SID and either each NRMSIR or the MSRB,
in a timely manner, of any of the following events with respect to the Certificates of Obligation, if such event
is material within the meaning of the federal securities laws:
1. Principal and interest payment delinquencies;
25
2. Non-payment related defaults;
3. Unscheduled draws on debt service reserves reflecting financial difficulties;
4. Unscheduled draws on credit enhancements reflecting financial difficulties;
5. Substitution of credit or liquidity providers, or their failure to perform;
6. Adverse tax opinions or events affecting the tax-exempt status of the Certificates of
Obligation;
7. Modifications to rights of holders of the Certificates of Obligation;
8. Certificate of Obligation calls;
9. Defeasances;
10. Release, substitution, or sale of property securing repayment of the Certificates of
Obligation; and
11. Rating changes.
The Issuer shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure
by the Issuer to provide financial information or operating data in accordance with subsection (a) of this
Section by the time required by such subsection.
(c) Limitations, Disclaimers and Amendments. (i) The Issuer shall be obligated to observe and
perform the covenants specified in this Section for so long as, but only for so long as, the Issuer remains an
"obligated person" with respect to the Certificates of Obligation within the meaning of the Rule, except that
the Issuer in any event will give notice of any deposit made in accordance with this Ordinance or applicable
law that causes Certificates of Obligation no longer to be outstanding.
(ii) The provisions of this Section are for the sole benefit of the holders and beneficial owners of the
Certificates of Obligation, and nothing in this Section, express or implied, shall give any benefit or any legal
or equitable right, remedy, or claim hereunder to any other person. The Issuer undertakes to provide only
the financial information, operating data, financial statements, and notices which it has expressly agreed to
provide pursuant to this Section and does not hereby undertake to provide any other information that may be
relevant or material to a complete presentation of the Issuer's financial results, condition, or prospects or
hereby undertake to update any information provided in accordance with this Section or otherwise, except
as expressly provided herein. The Issuer does not make any representation or warranty concerning such
information or its usefulness to a decision to invest in or sell Certificates of Obligation at any future date.
(iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE HOLDER OR
BENEFICIAL OWNER OF ANY CERTIFICATE OF OBLIGATION OR ANY OTHER PERSON, IN
CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH
BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY
COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH
PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE
LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE.
(iv) No default by the Issuer in observing or performing its obligations under this Section shall
comprise a breach of or default under the Ordinance for purposes of any other provision of this Ordinance.
Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the Issuer
under federal and state securities laws.
(v) The provisions of this Section may be amended by the Issuer from time to time to adapt to
changed circumstances that arise from a change in legal requirements, a change in law, or a change in the
26
identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions of this Section, as so
amended, would have permitted an underwriter to purchase or sell Certificates of Obligation in the primary
offering of the Certificates of Obligation in compliance with the Rule, taking into account any amendments
or interpretations of the Rule since such offering as well as such changed circumstances and (2) either (a) the
holders of a majority in aggregate principal amount (or any greater amount required by any other provision
of this Ordinance that authorizes such an amendment) of the outstanding Certificates of Obligation consent
to such amendment or (b) a person that is unaffiliated with the Issuer (such as bond counsel) determined that
such amendment will not materially impair the interest of the holders and beneficial owners of the Certificates
of Obligation. If the Issuer so amends the provisions of this Section, it shall include with any amended
financial information or operating data next provided in accordance with subsection (a) of this Section an
explanation, in narrative form, of the reason for the amendment and of the impact of any change in the type
of financial information or operating data so provided. The Issuer may also amend or repeal the provisions
of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule
or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and
to the extent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing
or selling Certificates of Obligation in the primary offering of the Certificates of Obligation.
(d) Definitions. As used in this Section, the following terms have the meanings ascribed to such
terms below:
"MSRB" means the Municipal Securities Rulemaking Board.
"NRMSIR" means each person whom the SEC or its staff has determined to be a nationally
recognized municipal securities information repository within the meaning of the Rule from time to time.
"Rule" means SEC Rule 15c2-12, as amended from time to time.
"SEC" means the United States Securities and Exchange Commission.
"SID" means any person designated by the State of Texas or an authorized department, officer, or
agency thereof as, and determined by the SEC or its staff to be, a state information depository within the
meaning of the Rule from time to 3time.
Section 18. SALE OF CERTIFICATES OF OBLIGATION AND USE OF NET PREMIUM.
(a) The Initial Certificate of Obligation is hereby sold and shall be delivered to SOUTHWEST SECURITIES
(the "Underwriter") for cash for the price of $____________, being the par value thereof, plus a reoffering
premium of $_________, less an Underwriter’s discount of $_________, plus accrued interest (accrued
interest to be deposited into the Interest and Sinking Fund) to the date of delivery pursuant to the terms and
provisions of a Purchase Agreement with the Underwriter. It is hereby officially found, determined, and
declared that the Initial Certificate of Obligation has been sold pursuant to the terms and provisions of a
Purchase Agreement in substantially the form attached hereto as Exhibit B, which the Mayor of the Issuer
is hereby authorized and directed to execute and deliver and which the City Secretary of the issuer is hereby
authorized and directed to attest. It is hereby officially found, determined, and declared that the terms of this
sale are the most advantageous reasonably obtainable. The Initial Certificate of Obligation shall be registered
in the name of SOUTHWEST SECURITIES.
Section 19. APPROVAL OF OFFICIAL STATEMENT. The Issuer hereby approves the form
and content of the Official Statement relating to the Certificates of Obligation and any addenda, supplement
or amendment thereto, and approves the distribution of such Official Statement in the reoffering of the
27
Certificates of Obligation by the Underwriter in final form, with such changes therein or additions thereto as
the officer executing the same may deem advisable, such determination to be conclusively evidenced by his
execution thereof. The Preliminary Official Statement, dated October 6, 2008, is hereby approved and
deemed final as of its date, as required by SEC Rule 15-2-12, and the distribution and use of the Preliminary
Official Statement prior to the date hereof is hereby ratified and confirmed.
Section 20. INTEREST EARNINGS ON CERTIFICATES OF OBLIGATION PROCEEDS.
The earnings derived from the investment of proceeds from the sale of the Certificates of Obligation shall be
used along with other Certificates of Obligation proceeds as described in Section 1 hereof; provided that after
completion of such project, if any of such interest earnings remain on hand, such interest earnings shall be
deposited in the Interest and Sinking Fund. It is further provided, however, that interest earnings on the
Certificates of Obligation proceeds which are required to be rebated to the United States of America pursuant
to Section 14 hereof in order to prevent the Certificates of Obligation from being arbitrage bonds shall be so
rebated and not considered as interest earnings for the purpose of this Section.
Section 21. PUBLIC NOTICE. It is hereby officially found and determined that public notice
of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government
Code, and no petition was received from the qualified electors of the Issuer protesting the issuance of such
Certificates of Obligation.
----------
EXHIBIT A
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 17 of this Ordinance.
I. Annual Financial Statements and Operating Data
The financial information and operating data with respect to the Issuer to be provided annually in
accordance with such Section are as specified (and included in the Appendix or under the headings of the
Official Statement and Tables referred to) below:
1 through 6 and 8 through 15 and in Appendix B
Accounting Principles
The accounting principles referred to in such Section are the accounting principles described in the
notes to the financial statements referred to in paragraph 1 above.
EXHIBIT B
PURCHASE AGREEMENT
THE PURCHASE AGREEMENT IS OMITTED AT THIS POINT AS IT APPEARS
ELSEWHERE IN THE TRANSCRIPT.
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Finance
October 14, 2008
13
✔
ORDINANCE
Consider approval of an ordinance authorizing the issuance of City of Coppell, Texas combination tax and revenue
Certificates of Obligation, Taxable SERIES 2008B, in the principal amount of $6,500,000.00 approving an official
statement, authorizing the execution of a purchase agreement, making provisions for the security thereof, and
ordaining other matters relating to the subject and authorizing the Mayor to sign.
The Certificates of Obligation Bonds are being issued for the acquisition of the land know as North Lake, to be used in
part for the water system improvements including storage facilities and pumping station and in part for the future
municipal improvements, facilities and and purposes and for paying legal, fiscal and engineering fees in connection
thereof.
Staff recommends approval of the issuance of the Certificates of
Obligation, Series B.
$CO08B-1AR
1
ORDINANCE NO. 2008-____
ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF COPPELL, TEXAS
COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION,
TAXABLE SERIES 2008B, IN THE PRINCIPAL AMOUNT OF $6,500,000,
APPROVING AN OFFICIAL STATEMENT AUTHORIZING THE EXECUTION OF
A PURCHASE AGREEMENT, MAKING PROVISIONS FOR THE SECURITY
THEREOF, AND ORDAINING OTHER MATTERS RELATING TO THE SUBJECT
THE STATE OF TEXAS §
COUNTIES OF DALLAS AND DENTON §
CITY OF COPPELL §
WHEREAS, the City deems it advisable to give notice of intention to issue Combination Tax and
Certificates of Obligation, Taxable Series 2008B, (“Certificates of Obligation”) in the maximum amount of
$6,500,000, for the acquisition of approximately 115 acres, together with the acquisition of approximately
360 acres from the proceeds of the City’s Combination Tax and Revenue Certificates of Obligation, Series
2008A; being a total of approximately 475 acres all out of a tract of land of approximately 940 acres known
as NorthLake property owned by Luminant, being located east of south Beltline, south of east Beltline, west
of Valley Ranch Road being located in Irving and north of Hackberry Road, to be used in part for water
system improvements including storage facilities and pumping station and in part for future municipal
improvements, facilities and purposes, and for paying legal, fiscal, and engineering fees in connection
with such projects; and
WHEREAS, the Certificates of Obligation hereinafter authorized and designated are to be issued and
delivered for cash pursuant to Subchapter C of Chapter 271 of the Local Government Code, together with
the City of Coppell, Texas Combination Tax and Revenue Certificates of Obligation, Series 2008A, in the
principal amount of $20,000,000, being authorized concurrently herewith; and
WHEREAS, the City Council has heretofore, on the 12th day of August, 2008, adopted a resolution
authorizing and directing the City Secretary to give notice of intention to issue Certificates of Obligation; and
WHEREAS, said notice has been duly published in the Citizens Advocate, which is a newspaper of
general circulation in said City, in its issues of August 15, 2008, August 22, 2008, September 12, 2008 and
September 19, 2008; and
WHEREAS, the City Council by Resolution of September 23, 2008 approved, ratified and affirmed
such published Notice of Intention to issue Certificates of Obligation; and
WHEREAS, the City received no petition from the qualified electors of the City protesting the
issuance of such Certificates of Obligation; and
WHEREAS, the meeting was open to the public and public notice of the time, place and purpose of
said meeting was given pursuant to Chapter 551, Texas Government Code.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL:
Section 1. AMOUNT AND PURPOSE OF THE CERTIFICATES OF OBLIGATION. The
certificate of obligation or certificates of obligation of the City of Coppell (the "Issuer") are hereby authorized
2
to be issued and delivered, in the aggregate principal amount of $6,500,000, for the acquisition of
approximately 115 acres, together with the acquisition of approximately 360 acres from the proceeds of the
City’s Combination Tax and Revenue Certificates of Obligation, Series 2008A; being a total of approximately
475 acres all out of a tract of land of approximately 940 acres known as NorthLake property owned by
Luminant, being located east of south Beltline, south of east Beltline, west of Valley Ranch Road being
located in Irving and north of Hackberry Road, to be used in part for water system improvements including
storage facilities and pumping station and in part for future municipal improvements, facilities and purposes,
and for paying legal, fiscal, and engineering fees in connection with such projects.
Section 2. DESIGNATION OF THE CERTIFICATES OF OBLIGATION. Each certificate
of obligation issued pursuant to this Ordinance shall be designated: "CITY OF COPPELL, TEXAS
COMBINATION TAX AND REVENUE CERTIFICATE OF OBLIGATION, TAXABLE SERIES 2008B",
and initially there shall be issued, sold, and delivered hereunder a single fully registered certificate of
obligation, without interest coupons, payable in installments of principal (the "Initial Certificate of
Obligation"), but the Initial Certificate of Obligation may be assigned and transferred and/or converted into
and exchanged for a like aggregate principal amount of fully registered certificates of obligation, without
interest coupons, having serial maturities, and in the denomination or denominations of $5,000 or any integral
multiple of $5,000, all in the manner hereinafter provided. The term "Certificates of Obligation" as used in
this Ordinance shall mean and include collectively the Initial Certificate of Obligation and all substitute
certificates of obligation exchanged therefor, as well as all other substitute certificates of obligation and
replacement certificates of obligation issued pursuant hereto, and the term "Certificate of Obligation" shall
mean any of the Certificates of Obligation.
Section 3. INITIAL DATE, DENOMINATION, NUMBER, MATURITIES, INITIAL
REGISTERED OWNER, AND CHARACTERISTICS OF THE INITIAL CERTIFICATE OF
OBLIGATION. (a) The Initial Certificate of Obligation is hereby authorized to be issued, sold, and
delivered hereunder as a single fully registered Certificate of Obligation, without interest coupons, dated
October 1, 2008, in the denomination and aggregate principal amount of $6,500,000, numbered R-1, payable
in annual installments of principal to the initial registered owner thereof, to-wit: MORGAN KEEGAN &
COMPANY, INC., or to the registered assignee or assignees of said Certificate of Obligation or any portion
or portions thereof (in each case, the "registered owner"), with the annual installments of principal of the
Initial Certificate of Obligation to be payable on the dates, respectively, and in the principal amounts,
respectively, stated in the FORM OF INITIAL CERTIFICATE OF OBLIGATION set forth in this Ordinance.
(b) The Initial Certificate of Obligation (i) may be prepaid or redeemed prior to the respective
scheduled due dates of installments of principal thereof, (ii) may be assigned and transferred, (iii) may be
converted and exchanged for other Certificates of Obligation, (iv) shall have the characteristics, and (v) shall
be signed and sealed, and the principal of and interest on the Initial Certificate of Obligation shall be payable,
all as provided, and in the manner required or indicated, in the FORM OF INITIAL CERTIFICATE OF
OBLIGATION set forth in this Ordinance.
Section 4. INTEREST. The unpaid principal balance of the Initial Certificate of Obligation
shall bear interest from the date of the Initial Certificate of Obligation, and will be calculated on the basis of
a 360-day year of twelve 30-day months to the respective scheduled due dates, or to the respective dates of
prepayment or redemption, of the installments of principal of the Initial Certificate of Obligation, and said
interest shall be payable, all in the manner provided and at the rates and on the dates stated in the FORM OF
INITIAL CERTIFICATE OF OBLIGATION set forth in this Ordinance.
Section 5. FORM OF INITIAL CERTIFICATE OF OBLIGATION. The form of the Initial
Certificate of Obligation, including the form of Registration Certificate of the Comptroller of Public Accounts
of the State of Texas to be endorsed on the Initial Certificate of Obligation, shall be substantially as follows:
3
FORM OF INITIAL CERTIFICATE OF OBLIGATION
NO. R-1 $6,500,000
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF DALLAS AND DENTON
CITY OF COPPELL, TEXAS
COMBINATION TAX AND REVENUE
CERTIFICATE OF OBLIGATION, TAXABLE SERIES 2008B
THE CITY OF COPPELL, IN DALLAS AND DENTON COUNTIES (the "Issuer"), being a political
subdivision of the State of Texas, hereby promises to pay to
MORGAN KEEGAN & CO., INC.
or to the registered assignee or assignees of this Certificate of Obligation or any portion or portions hereof
(in each case, the "registered owner") the aggregate principal amount of
SIX MILLION FIVE HUNDRED THOUSAND DOLLARS
in annual installments of principal due and payable on February 1 in each of the years, and in the respective
principal amounts, as set forth in the following schedule:
YEAR AMOUNT YEAR AMOUNT
2010 $345,000 2020 $340,000
2011 345,000 2021 340,000
2012 345,000 2022 340,000
2013 345,000 2023 340,000
2014 345,000 2024 340,000
2015 345,000 2025 340,000
2016 345,000 2026 340,000
2017 345,000 2027 340,000
2018 340,000 2028 340,000
2019 340,000
and to pay interest, from the date of this Initial Certificate of Obligation, on the balance of each such
installment of principal, respectively, from time to time remaining unpaid, at the rates as follows:
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maturity 2010, _____% maturity 2020, _____%
maturity 2011 _____% maturity 2021, _____%
maturity 2012, _____% maturity 2022, _____%
maturity 2013, _____% maturity 2023, _____%
maturity 2014, _____% maturity 2024, _____%
maturity 2015, _____% maturity 2025, _____%
maturity 2016 _____% maturity 2026, _____%
maturity 2017, _____% maturity 2027, _____%
maturity 2018, _____% maturity 2028, _____%
maturity 2019, _____%
with said interest being payable on August 1, 2009, and semiannually on each February 1 and August 1
thereafter while this Certificate of Obligation or any portion hereof is outstanding and unpaid.
THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this Certificate of
Obligation are payable in lawful money of the United States of America, without exchange or collection
charges. The installments of principal and the interest on this Certificate of Obligation are payable to the
registered owner hereof through the services of U.S. Bank National Association, Houston, Texas, which is
the "Paying Agent/Registrar" for this Certificate of Obligation. Payment of all principal of and interest on
this Certificate of Obligation shall be made by the Paying Agent/Registrar to the registered owner hereof on
each principal and/or interest payment date by check or draft, dated as of such date, drawn by the Paying
Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the
issuance of this Certificate of Obligation (the "Certificate of Obligation Ordinance") to be on deposit with
the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent
by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such principal
and/or interest payment date, to the registered owner hereof, at the address of the registered owner, as it
appeared on the 15th day of the month next preceding each such date (the "Record Date") on the Registration
Books kept by the Paying Agent/Registrar, as hereinafter described. The Issuer covenants with the registered
owner of this Certificate of Obligation that on or before each principal and/or interest payment date for this
Certificate of Obligation it will make available to the Paying Agent/ Registrar, from the "Interest and Sinking
Fund" created by the Certificate of Obligation Ordinance, the amounts required to provide for the payment,
in immediately available funds, of all principal of and interest on this Certificate of Obligation, when due.
IF THE DATE for the payment of the principal of or interest on this Certificate of Obligation shall
be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the Paying
Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment
shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which
banking institutions are authorized to close; and payment on such date shall have the same force and effect
as if made on the original date payment was due.
THIS CERTIFICATE OF OBLIGATION has been authorized in accordance with the Constitution
and laws of the State of Texas, in the principal amount of $6,500,000, for the acquisition of approximately
115 acres, together with the acquisition of approximately 360 acres from the proceeds of the City’s
Combination Tax and Revenue Certificates of Obligation, Series 2008A; being a total of approximately 475
acres all out of a tract of land of approximately 940 acres known as NorthLake property owned by Luminant,
being located east of south Beltline, south of east Beltline, west of Valley Ranch Road being located in Irving
and north of Hackberry Road, to be used in part for water system improvements including storage facilities
and pumping station and in part for future municipal improvements, facilities and purposes, and for paying
legal, fiscal, and engineering fees in connection with such projects.
ON FEBRUARY 1, 2018, or any date thereafter, the unpaid installments of principal of this
Certificate of Obligation may be prepaid or redeemed prior to their scheduled due dates, at the option of the
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Issuer, with funds derived from any available source, as a whole, or in part, and, if in part, the Issuer shall
select and designate the maturity, or maturities, and the amount that is to be redeemed, and if less than a
whole maturity is to be called, the Issuer shall direct the Paying Agent/Registrar to call by lot (provided that
a portion of this Certificate of Obligation may be redeemed only in an integral multiple of $5,000), at the
redemption price of the principal amount, plus accrued interest to the date fixed for prepayment or
redemption.
AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written notice
of such prepayment or redemption shall be mailed by the Paying Agent/Registrar to the registered owner
hereof. By the date fixed for any such prepayment or redemption due provision shall be made by the Issuer
with the Paying Agent/Registrar for the payment of the required prepayment or redemption price for this
Certificate of Obligation or the portion hereof which is to be so prepaid or redeemed, plus accrued interest
thereon to the date fixed for prepayment or redemption. If such written notice of prepayment or redemption
is given, and if due provision for such payment is made, all as provided above, this Certificate of Obligation,
or the portion thereof which is to be so prepaid or redeemed, thereby automatically shall be treated as prepaid
or redeemed prior to its scheduled due date, and shall not bear interest after the date fixed for its prepayment
or redemption, and shall not be regarded as being outstanding except for the right of the registered owner to
receive the prepayment or redemption price plus accrued interest to the date fixed for prepayment or
redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying
Agent/Registrar shall record in the Registration Books all such prepayments or redemptions of principal of
this Certificate of Obligation or any portion hereof.
THIS CERTIFICATE OF OBLIGATION, to the extent of the unpaid or unredeemed principal
balance hereof, or any unpaid and unredeemed portion hereof in any integral multiple of $5,000, may be
assigned by the initial registered owner hereof and shall be transferred only in the Registration Books of the
Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for this Certificate of Obligation,
upon the terms and conditions set forth in the Certificate of Obligation Ordinance. Among other requirements
for such transfer, this Certificate of Obligation must be presented and surrendered to the Paying
Agent/Registrar for cancellation, together with proper instruments of assignment, in form and with guarantee
of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment by the initial registered owner
of this Certificate of Obligation, or any portion or portions hereof in any integral multiple of $5,000, to the
assignee or assignees in whose name or names this Certificate of Obligation or any such portion or portions
hereof is or are to be transferred and registered. Any instrument or instruments of assignment satisfactory
to the Paying Agent/Registrar may be used to evidence the assignment of this Certificate of Obligation or any
such portion or portions hereof by the initial registered owner hereof. A new certificate of obligation or
certificates of obligation payable to such assignee or assignees (which then will be the new registered owner
or owners of such new certificate of obligation or certificates of obligation) or to the initial registered owner
as to any portion of this Certificate of Obligation which is not being assigned and transferred by the initial
registered owner, shall be delivered by the Paying Agent/Registrar in conversion of and exchange for this
Certificate of Obligation or any portion or portions hereof, but solely in the form and manner as provided in
the next paragraph hereof for the conversion and exchange of this Certificate of Obligation or any portion
hereof. The registered owner of this Certificate of Obligation shall be deemed and treated by the Issuer and
the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge
of liability upon this Certificate of Obligation to the extent of such payment, and the Issuer and the Paying
Agent/Registrar shall not be affected by any notice to the contrary.
AS PROVIDED above and in the Certificate of Obligation Ordinance, this Certificate of Obligation,
to the extent of the unpaid or unredeemed principal balance hereof, may be converted into and exchanged for
a like aggregate principal amount of fully registered certificates of obligation, without interest coupons,
6
payable to the assignee or assignees duly designated in writing by the initial registered owner hereof, or to
the initial registered owner as to any portion of this Certificate of Obligation which is not being assigned and
transferred by the initial registered owner, in any denomination or denominations in any integral multiple of
$5,000 (subject to the requirement hereinafter stated that each substitute certificate of obligation issued in
exchange for any portion of this Certificate of Obligation shall have a single stated principal maturity date),
upon surrender of this Certificate of Obligation to the Paying Agent/Registrar for cancellation, all in
accordance with the form and procedures set forth in the Certificate of Obligation Ordinance. If this
Certificate of Obligation or any portion hereof is assigned and transferred or converted each certificate of
obligation issued in exchange for any portion hereof shall have a single stated principal maturity date
corresponding to the due date of the installment of principal of this Certificate of Obligation or portion hereof
for which the substitute certificate of obligation is being exchanged, and shall bear interest at the rate
applicable to and borne by such installment of principal or portion thereof. Such certificates of obligation,
respectively, shall be subject to redemption prior to maturity on the same dates and for the same prices as the
corresponding installment of principal of this Certificate of Obligation or portion hereof for which they are
being exchanged. No such certificate of obligation shall be payable in installments, but shall have only one
stated principal maturity date. AS PROVIDED IN THE CERTIFICATE OF OBLIGATION ORDINANCE,
THIS CERTIFICATE OF OBLIGATION IN ITS PRESENT FORM MAY BE ASSIGNED AND
TRANSFERRED OR CONVERTED ONCE ONLY, and to one or more assignees, but the certificates of
obligation issued and delivered in exchange for this Certificate of Obligation or any portion hereof may be
assigned, transferred and converted, subsequently, as provided in the Certificate of Obligation Ordinance.
The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring,
converting, and exchanging this Certificate of Obligation or any portion thereof, but the one requesting such
transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with
respect thereto. The Paying Agent/Registrar shall not be required to make any such assignment, conversion,
or exchange (i) during the period commencing with the close of business on any Record Date and ending with
the opening of business on the next following principal or interest payment date, or, (ii) with respect to any
Certificate of Obligation or portion thereof called for prepayment or redemption prior to maturity, within 45
days prior to its prepayment or redemption date.
IN THE EVENT any Paying Agent/Registrar for this Certificate of Obligation is changed by the
Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate of Obligation
Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly
will cause written notice thereof to be mailed to the registered owner of this Certificate of Obligation.
IT IS HEREBY certified, recited, and covenanted that this Certificate of Obligation has been duly
and validly authorized, issued, sold, and delivered; that all acts, conditions, and things required or proper to
be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Certificate
of Obligation have been performed, existed, and been done in accordance with law; that this Certificate of
Obligation is a general obligation of the Issuer, issued on the full faith and credit thereof; and that ad valorem
taxes sufficient to provide for the payment of the interest on and principal of this Certificate of Obligation,
as such interest and principal come due, have been levied and ordered to be levied against all taxable property
in the Issuer, and have been pledged for such payment, within the limit prescribed by law, and that this
Certificate of Obligation is additionally secured by and payable from the limited surplus revenues of the
Issuer's Waterworks and Sewer System, remaining after payment of all operation and maintenance expenses
thereof, and all debt service, reserve, and other requirements in connection with all of the Issuer's obligations
(now or hereafter outstanding), which are payable from all or any part of the Net Revenues of the Issuer's
Waterworks and Sewer System.
BY BECOMING the registered owner of this Certificate of Obligation, the registered owner thereby
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acknowledges all of the terms and provisions of the Certificate of Obligation Ordinance, agrees to be bound
by such terms and provisions, acknowledges that the Certificate of Obligation Ordinance is duly recorded and
available for inspection in the official minutes and records of the governing body of the Issuer, and agrees
that the terms and provisions of this Certificate of Obligation and the Certificate of Obligation Ordinance
constitute a contract between the registered owner hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Certificate of Obligation to be signed with the
manual or facsimile signature of the Mayor of the Issuer, countersigned with the manual or facsimile
signature of the City Secretary of the Issuer, and has caused the official seal of the Issuer to be duly
impressed, or placed in facsimile, on this Certificate of Obligation to be dated October 1, 2008.
____________________________ _________________________
City Secretary Mayor
(CITY SEAL)
FORM OF REGISTRATION CERTIFICATE
OF THE COMPTROLLER OF PUBLIC ACCOUNTS:
COMPTROLLER'S REGISTRATION CERTIFICATE:
REGISTER NO.
I hereby certify that this Certificate of Obligation has been examined, certified as to validity, and
approved by the Attorney General of the State of Texas, and that this Certificate of Obligation has been
registered by the Comptroller of Public Accounts of the State of Texas.
Witness my signature and seal this
______________________________________
Comptroller of Public Accounts of the State of Texas
(COMPTROLLER'S SEAL)
Section 6. ADDITIONAL CHARACTERISTICS OF THE CERTIFICATES OF
OBLIGATION. Registration and Transfer.(a) The Issuer shall keep or cause to be kept at the principal
corporate trust office of U.S. Bank National Association, Houston, Texas, (the "Paying Agent/Registrar")
books or records of the registration and transfer of the Certificates of Obligation (the "Registration Books"),
and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such
books or records and make such transfers and registrations under such reasonable regulations as the Issuer
and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such transfers and
registrations as herein provided. The Paying Agent/Registrar shall obtain and record in the Registration
Books the address of
8
the registered owner of each Certificate of Obligation to which payments with respect to the Certificates of
Obligation shall be mailed, as herein provided; but it shall be the duty of each registered owner to notify the
Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest
payments shall not be mailed unless such notice has been given. The Issuer shall have the right to inspect
the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying
Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall
not permit their inspection by any other entity. Registration of each Certificate of Obligation may be
transferred in the Registration Books only upon presentation and surrender of such Certificate of Obligation
to the Paying Agent/Registrar for transfer of registration and cancellation, together with proper written
instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/
Registrar, (i) evidencing the assignment of the Certificate of Obligation, or any portion thereof in any integral
multiple of $5,000, to the assignee or assignees thereof, and (ii) the right of such assignee or assignees to have
the Certificate of Obligation or any such portion thereof registered in the name of such assignee or assignees.
Upon the assignment and transfer of any Certificate of Obligation or any portion thereof, a new substitute
Certificate of Obligation or Certificates of Obligation shall be issued in conversion and exchange therefor in
the manner herein provided. The Initial Certificate of Obligation, to the extent of the unpaid or unredeemed
principal balance thereof, may be assigned and transferred by the initial registered owner thereof once only,
and to one or more assignees designated in writing by the initial registered owner thereof. All Certificates
of Obligation issued and delivered in conversion of and exchange for the Initial Certificate of Obligation shall
be in any denomination or denominations of any integral multiple of $5,000 (subject to the requirement
hereinafter stated that each substitute Certificate of Obligation shall have a single stated principal maturity
date), shall be in the form prescribed in the FORM OF SUBSTITUTE CERTIFICATE OF OBLIGATION
set forth in this Ordinance, and shall have the characteristics, and may be assigned, transferred, and converted
as hereinafter provided. If the Initial Certificate of Obligation or any portion thereof is assigned and
transferred or converted the Initial Certificate of Obligation must be surrendered to the Paying
Agent/Registrar for cancellation, and each Certificate of Obligation issued in exchange for any portion of the
Initial Certificate of Obligation shall have a single stated principal maturity date, and shall not be payable in
installments; and each such Certificate of Obligation shall have a principal maturity date corresponding to
the due date of the installment of principal or portion thereof for which the substitute Certificate of Obligation
is being exchanged; and each such Certificate of Obligation shall bear interest at the single rate applicable
to and borne by such installment of principal or portion thereof for which it is being exchanged. If only a
portion of the Initial Certificate of Obligation is assigned and transferred, there shall be delivered to and
registered in the name of the initial registered owner substitute Certificates of Obligation in exchange for the
unassigned balance of the Initial Certificate of Obligation in the same manner as if the initial registered owner
were the assignee thereof. If any Certificate of Obligation or portion thereof other than the Initial Certificate
of Obligation is assigned and transferred or converted each Certificate of Obligation issued in exchange
therefor shall have the same principal maturity date and bear interest at the same rate as the Certificate of
Obligation for which it is exchanged. A form of assignment shall be printed or endorsed on each Certificate
of Obligation, excepting the Initial Certificate of Obligation, which shall be executed by the registered owner
or its duly authorized attorney or representative to evidence an assignment thereof. Upon surrender of any
Certificates of Obligation or any portion or portions thereof for transfer of registration, an authorized
representative of the Paying Agent/Registrar shall make such transfer in the Registration Books, and shall
deliver a new fully registered substitute Certificate of Obligation or Certificates of Obligation, having the
characteristics herein described, payable to such assignee or assignees (which then will be the registered
owner or owners of such new Certificate of Obligation or Certificates of Obligation), or to the previous
registered owner in case only a portion of a Certificate of Obligation is being assigned and transferred, all in
conversion of and exchange for said assigned Certificate of Obligation or Certificates of Obligation or any
portion or portions thereof, in the same form and manner, and with the same effect, as provided in Section
6(d), below, for the conversion and exchange of Certificates of Obligation by any registered owner of a
9
Certificate of Obligation. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and
charges for making such transfer and delivery of a substitute Certificate of Obligation or Certificates of
Obligation, but the one requesting such transfer shall pay any taxes or other governmental charges required
to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of
registration of any Certificate of Obligation or any portion thereof (i) during the period commencing with the
close of business on any Record Date and ending with the opening of business on the next following principal
or interest payment date, or, (ii) with respect to any Certificate of Obligation or any portion thereof called for
redemption prior to maturity, within 45 days prior to its redemption date.
To the extent required by the Code and the Regulations, since the Certificates of Obligation are
deemed “taxable”, it shall be the duty of the Paying Agent/Registrar, on behalf of the Issuer, to report to the
owners of the Certificates of Obligation and the Internal Revenue Service (i) the amount of “reportable
payments”, if any, subject to backup withholding during each year and the amount of tax withheld, if any,
with respect to payments of the Certificates of Obligation and (ii) the amount of interest or amount treated
as interest on the Certificates of Obligation and required to be included in gross income of the owner thereof.
(b) Ownership of Certificates of Obligation. The entity in whose name any Certificate of Obligation
shall be registered in the Registration Books at any time shall be deemed and treated as the absolute owner
thereof for all purposes of this Ordinance, whether or not such Certificate of Obligation shall be overdue, and
the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary; and payment
of, or on account of, the principal of, premium, if any, and interest on any such Certificate of Obligation shall
be made only to such registered owner. All such payments shall be valid and effectual to satisfy and
discharge the liability upon such Certificate of Obligation to the extent of the sum or sums so paid.
(c) Payment of Certificates of Obligation and Interest. The Issuer hereby further appoints the Paying
Agent/Registrar to act as the paying agent for paying the principal of and interest on the Certificates of
Obligation, and to act as its agent to convert and exchange or replace Certificates of Obligation, all as
provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by
the Issuer and the Paying Agent/Registrar with respect to the Certificates of Obligation, and of all conversions
and exchanges of Certificates of Obligation, and all replacements of Certificates of Obligation, as provided
in this Ordinance. However, in the event of a nonpayment of interest on a scheduled payment date, and for
thirty (30) days thereafter, a new record date for such interest payment )a "Special Record Date") will be
established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been
received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past
due interest (which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5)
business days prior to the Special Record Date by United States mail, first class postage prepaid, to the
address of each Certificate of Obligation holder appearing on the Security Register at the close of business
on the last business day next preceding the date of mailing of such notice.
(d) Conversion and Exchange or Replacement; Authentication. Each Certificate of Obligation issued
and delivered pursuant to this Ordinance, to the extent of the unpaid or unredeemed principal balance or
principal amount thereof, may, upon surrender of such Certificate of Obligation at the principal corporate
trust office of the Paying Agent/Registrar, together with a written request therefor duly executed by the
registered owner or the assignee or assignees thereof, or its or their duly authorized attorneys or
representatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, may, at the option
of the registered owner or such assignee or assignees, as appropriate, be converted into and exchanged for
fully registered certificates of obligation, without interest coupons, in the form prescribed in the FORM OF
SUBSTITUTE CERTIFICATE OF OBLIGATION set forth in this Ordinance, in the denomination of $5,000,
or any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Certificate
10
of Obligation shall have a single stated maturity date), as requested in writing by such registered owner or
such assignee or assignees, in an aggregate principal amount equal to the unpaid or unredeemed principal
balance or principal amount of any Certificate of Obligation or Certificates of Obligation so surrendered, and
payable to the appropriate registered owner, assignee, or assignees, as the case may be. If the Initial
Certificate of Obligation is assigned and transferred or converted each substitute Certificate of Obligation
issued in exchange for any portion of the Initial Certificate of Obligation shall have a single stated principal
maturity date, and shall not be payable in installments; and each such Certificate of Obligation shall have a
principal maturity date corresponding to the due date of the installment of principal or portion thereof for
which the substitute Certificate of Obligation is being exchanged; and each such Certificate of Obligation
shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof
for which it is being exchanged. If a portion of any Certificate of Obligation (other than the Initial Certificate
of Obligation) shall be redeemed prior to its scheduled maturity as provided herein, a substitute Certificate
of Obligation or Certificates of Obligation having the same maturity date, bearing interest at the same rate,
in the denomination or denominations of any integral multiple of $5,000 at the request of the registered
owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the
registered owner upon surrender thereof for cancellation. If any Certificate of Obligation or portion thereof
(other than the Initial Certificate of Obligation) is assigned and transferred or converted, each Certificate of
Obligation issued in exchange therefor shall have the same principal maturity date and bear interest at the
same rate as the Certificate of Obligation for which it is being exchanged. Each substitute Certificate of
Obligation shall bear a letter and/or number to distinguish it from each other Certificate of Obligation. The
Paying Agent/Registrar shall convert and exchange or replace Certificates of Obligation as provided herein,
and each fully registered certificate of obligation delivered in conversion of and exchange for or replacement
of any Certificate of Obligation or portion thereof as permitted or required by any provision of this Ordinance
shall constitute one of the Certificates of Obligation for all purposes of this Ordinance, and may again be
converted and exchanged or replaced. It is specifically provided that any Certificate of Obligation
authenticated in conversion of and exchange for or replacement of another Certificate of Obligation on or
prior to the first scheduled Record Date for the Initial Certificate of Obligation shall bear interest from the
date of the Initial Certificate of Obligation, but each substitute Certificate of Obligation so authenticated after
such first scheduled Record Date shall bear interest from the interest payment date next preceding the date
on which such substitute Certificate of Obligation was so authenticated, unless such Certificate of Obligation
is authenticated after any Record Date but on or before the next following interest payment date, in which
case it shall bear interest from such next following interest payment date; provided, however, that if at the
time of delivery of any substitute Certificate of Obligation the interest on the Certificate of Obligation for
which it is being exchanged is due but has not been paid, then such Certificate of Obligation shall bear
interest from the date to which such interest has been paid in full. THE INITIAL CERTIFICATE OF
OBLIGATION issued and delivered pursuant to this Ordinance is not required to be, and shall not be,
authenticated by the Paying Agent/Registrar, but on each substitute Certificate of Obligation issued in
conversion of and exchange for or replacement of any Certificate of Obligation or Certificates of Obligation
issued under this Ordinance there shall be printed a certificate, in the form substantially as follows:
"PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this Certificate of Obligation has been issued under the provisions of the
Certificate of Obligation Ordinance described on the face of this Certificate of Obligation; and that this
Certificate of Obligation has been issued in conversion of and exchange for or replacement of a certificate
of obligation, certificates of obligation, or a portion of a certificate of obligation or certificates of obligation
11
of an issue which originally was approved by the Attorney General of the State of Texas and registered by
the Comptroller of Public Accounts of the State of Texas.
__________________________
Paying Agent/Registrar
Dated __________________ By________________________
Authorized Representative"
An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Certificate
of Obligation, date and manually sign the above Certificate, and no such Certificate of Obligation shall be
deemed to be issued or outstanding unless such Certificate is so executed. The Paying Agent/Registrar
promptly shall cancel all Certificates of Obligation surrendered for conversion and exchange or replacement.
No additional ordinances, orders, or resolutions need be passed or adopted by the governing body of the
Issuer or any other body or person so as to accomplish the foregoing conversion and exchange or replacement
of any Certificate of Obligation or portion thereof, and the Paying Agent/Registrar shall provide for the
printing, execution, and delivery of the substitute Certificates of Obligation in the manner prescribed herein,
and said Certificates of Obligation shall be of type composition printed on paper with lithographed or steel
engraved borders of customary weight and strength. Pursuant to Chapter 1201, Texas Government Code, the
duty of conversion and exchange or replacement of Certificates of Obligation as aforesaid is hereby imposed
upon the Paying Agent/Registrar, and, upon the execution of the above Paying Agent/Registrar's
Authentication Certificate, the converted and exchanged or replaced Certificate of Obligation shall be valid,
incontestable, and enforceable in the same manner and with the same effect as the Initial Certificate of
Obligation which originally was issued pursuant to this Ordinance, approved by the Attorney General, and
registered by the Comptroller of Public Accounts. The Issuer shall pay the Paying Agent/Registrar's standard
or customary fees and charges for transferring, converting, and exchanging any Certificate of Obligation or
any portion thereof, but the one requesting any such transfer, conversion, and exchange shall pay any taxes
or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of
such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to make any
such conversion and exchange or replacement of Certificates of Obligation or any portion thereof (i) during
the period commencing with the close of business on any Record Date and ending with the opening of
business on the next following principal or interest payment date, or, (ii) with respect to any Certificate of
Obligation or portion thereof called for redemption prior to maturity, within 45 days prior to its redemption
date.
(e) In General. All Certificates of Obligation issued in conversion and exchange or replacement of
any other Certificate of Obligation or portion thereof, (i) shall be issued in fully registered form, without
interest coupons, with the principal of and interest on such Certificates of Obligation to be payable only to
the registered owners thereof, (ii) may be redeemed prior to their scheduled maturities, (iii) may be transferred
and assigned, (iv) may be converted and exchanged for other Certificates of Obligation, (v) shall have the
characteristics, (vi) shall be signed and sealed, and (vii) the principal of and interest on the Certificates of
Obligation shall be payable, all as provided, and in the manner required or indicated, in the FORM OF
SUBSTITUTE CERTIFICATE OF OBLIGATION set forth in this Ordinance.
(f) Payment of Fees and Charges. The Issuer hereby covenants with the registered owners of the
Certificates of Obligation that it will (i) pay the standard or customary fees and charges of the Paying
Agent/Registrar for its services with respect to the payment of the principal of and interest on the Certificates
of Obligation, when due, and (ii) pay the fees and charges of the Paying Agent/Registrar for services with
respect to the transfer of registration of Certificates of Obligation, and with respect to the conversion and
exchange of Certificates of Obligation solely to the extent above provided in this Ordinance.
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(g) Substitute Paying Agent/Registrar. The Issuer covenants with the registered owners of the
Certificates of Obligation that at all times while the Certificates of Obligation are outstanding the Issuer will
provide a competent and legally qualified bank, trust company, financial institution, or other agency to act
as and perform the services of Paying Agent/Registrar for the Certificates of Obligation under this Ordinance,
and that the Paying Agent/Registrar will be one entity. The Issuer reserves the right to, and may, at its option,
change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar,
to be effective not later than 60 days prior to the next principal or interest payment date after such notice.
In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger,
acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants that
promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other
agency to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying
Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration
Books (or a copy thereof), along with all other pertinent books and records relating to the Certificates of
Obligation, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in
the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new
Paying Agent/Registrar to each registered owner of the Certificates of Obligation, by United States mail,
first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By
accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed
to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying
Agent/Registrar.
(h) Book-Entry Only System. The Certificates of Obligation issued in exchange for the Certificates
of Obligation initially issued to the purchaser specified herein shall be initially issued in the form of a separate
single fully registered Certificate of Obligation for each of the maturities thereof. Upon initial issuance, the
ownership of each such Certificate of Obligation shall be registered in the name of Cede & Co., as nominee
of Depository Trust Company of New York ("DTC"), and except as provided in subsection (f) hereof, all of
the outstanding Certificates of Obligation shall be registered in the name of Cede & Co., as nominee of DTC.
With respect to Certificates of Obligation registered in the name of Cede & Co., as nominee of DTC,
the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation to any DTC Participant
or to any person on behalf of whom such a DTC Participant holds an interest on the Certificates of Obligation.
Without limiting the immediately preceding sentence, the Issuer and the Paying Agent/Registrar shall have
no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC
Participant with respect to any ownership interest in the Certificates of Obligation, (ii) the delivery to any
DTC Participant or any other person, other than a Certificate of Obligation holder, as shown on the
Registration Books, of any notice with respect to the Certificates of Obligation, including any notice of
redemption, or (iii) the payment to any DTC Participant or any other person, other than a Certificate of
Obligation holder, as shown in the Registration Books of any amount with respect to principal of, premium,
if any, or interest on, as the case may be, the Certificates of Obligation. Notwithstanding any other provision
of this Ordinance to the contrary, the Issuer and the Paying Agent/Registrar shall be entitled to treat and
consider the person in whose name each Certificate of Obligation is registered in the Registration Books as
the absolute owner of such Certificate of Obligation for the purpose of payment of principal, premium, if any,
and interest, as the case may be, with respect to such Certificate of Obligation, for the purpose of giving
notices of redemption and other matters with respect to such Certificate of Obligation, for the purpose of
registering transfers with respect to such Certificate of Obligation, and for all other purposes whatsoever. The
Paying Agent/Registrar shall pay all principal of, premium, if any, and interest on the Certificates of
Obligation only to or upon the order of the respective owners, as shown in the Registration Books as provided
in this Ordinance, or their respective attorneys duly authorized in writing, and all such payments shall be valid
and effective to fully satisfy and discharge the Issuer's obligations with respect to payment of principal of,
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premium, if any, and interest on, or as the case may be, the Certificates of Obligation to the extent of the sum
or sums so paid. No person other than an owner, as shown in the Registration Books, shall receive a
Certificate of Obligation certificate evidencing the obligation of the Issuer to make payments of principal,
premium, if any, and interest, as the case may be, pursuant to this Ordinance. Upon delivery by DTC to the
Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee
in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks being
mailed to the registered owner at the close of business on the Record Date, the word "Cede & Co." in this
Ordinance shall refer to such new nominee of DTC.
(i) Successor Securities Depository; Transfers Outside Book-Entry Only System. In the event that
the Issuer or the Paying Agent/Registrar determines that DTC is incapable of discharging its responsibilities
described herein and in the representation letter of the Issuer to DTC and that it is in the best interest of the
beneficial owners of the Certificates of Obligation that they be able to obtain certificated Certificates of
Obligation, the Issuer or the Paying Agent/Registrar shall (i) appoint a successor securities depository,
qualified to act as such under Section 17(a) of the Securities and Exchange Act of 1934, as amended, notify
DTC and DTC Participants of the appointment of such successor securities depository and transfer one or
more separate Certificates of Obligation to such successor securities depository or (ii) notify DTC and DTC
Participants of the availability through DTC of Certificates of Obligation and transfer one or more separate
Certificates of Obligation to DTC Participants having Certificates of Obligation credited to their DTC
accounts. In such event, the Certificates of Obligation shall no longer be restricted to being registered in the
Registration Books in the name of Cede & Co., as nominee of DTC, but may be registered in the name of the
successor securities depository, or its nominee, or in whatever name or names Certificate of Obligation
holders transferring or exchanging Certificates of Obligation shall designate, in accordance with the
provisions of this Ordinance.
(j) Payments to Cede & Co. Notwithstanding any other provision of this Ordinance to the contrary,
so long as any Certificate of Obligation is registered in the name of Cede & Co., as nominee of DTC, all
payments with respect to principal of, premium, if any, and interest on, or as the case may be, such Certificate
of Obligation and all notices with respect to such Certificate of Obligation shall be made and given,
respectively, in the manner provided in the representation letter of the Issuer to DTC.
Section 7. FORM OF SUBSTITUTE CERTIFICATES OF OBLIGATION. The form of all
Certificates of Obligation issued in conversion and exchange or replacement of any other Certificate of
Obligation or portion thereof, including the form of Paying Agent/Registrar's Certificate to be printed on each
of such Certificates of Obligation, and the Form of Assignment to be printed on each of the Certificates of
Obligation, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or
insertions as are permitted or required by this Ordinance.
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FORM OF SUBSTITUTE CERTIFICATE OF OBLIGATION
NO. ____ PRINCIPAL AMOUNT
$__________________
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF DALLAS AND DENTON
CITY OF COPPELL, TEXAS
COMBINATION TAX AND REVENUE
CERTIFICATE OF OBLIGATION, TAXABLE SERIES 2008B
INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP NO.
October 1, 2008
ON THE MATURITY DATE specified above, THE CITY OF COPPELL (the "Issuer") in the
COUNTIES OF DALLAS AND DENTON, being a political subdivision of the State of Texas, hereby
promises to pay to
______________________________________________
or to the registered assignee hereof (either being hereinafter called the "registered owner") the
principal amount of
______________________________________________
and to pay interest thereon from October 1, 2008, to the maturity date specified above, or the date of
redemption prior to maturity, at the interest rate per annum specified above with interest being payable on
August 1, 2009, and semiannually on each February 1 and August 1 thereafter; except that if the date of
authentication of this Certificate of Obligation is later than July 15, 2009, such principal amount shall bear
interest from the interest payment date next preceding the date of authentication, unless such date of
authentication is after any Record Date (hereinafter defined) but on or before the next following interest
payment date, in which case such principal amount shall bear interest from such next following interest
payment date.
THE PRINCIPAL OF AND INTEREST ON this Certificate of Obligation are payable in lawful
money of the United States of America, without exchange or collection charges. The principal of this
Certificate of Obligation shall be paid to the registered owner hereof upon presentation and surrender of this
Certificate of Obligation at maturity or upon the date fixed for its redemption prior to maturity, at the
principal corporate trust office of U.S. Bank National Association, Houston, Texas, which is the "Paying
Agent/Registrar" for this Certificate of Obligation. The payment of interest on this Certificate of Obligation
shall be made by the Paying Agent/Registrar to the registered owner hereof on the interest payment date by
check or draft, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable
solely from, funds of the Issuer required by the Ordinance authorizing the issuance of the Certificates of
Obligation (the "Certificate of Obligation Ordinance") to be on deposit with the Paying Agent/Registrar for
such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by
United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner
hereof, at the address of the registered owner, as it appeared on the 15th day of the month next preceding such
date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter
described, or by such other method acceptable to the Paying Agent/Registrar requested by, and at the risk and
expense of, the registered owner. Any accrued interest due upon the redemption of this Certificate of
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Obligation prior to maturity as provided herein shall be paid to the registered owner at the principal corporate
trust office of the Paying Agent/Registrar upon presentation and surrender of this Certificate of Obligation
for redemption and payment at the principal corporate trust office of the Paying Agent/Registrar. The Issuer
covenants with the registered owner of this Certificate of Obligation that on or before each principal payment
date, interest payment date, and accrued interest payment date for this Certificate of Obligation, it will make
available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Certificate of
Obligation Ordinance, the amounts required to provide for the payment, in immediately available funds, of
all principal of and interest on the Certificates of Obligation, when due.
IF THE DATE for the payment of the principal of or interest on this Certificate of Obligation shall
be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the Paying
Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment
shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which
banking institutions are authorized to close; and payment on such date shall have the same force and effect
as if made on the original date payment was due.
THIS CERTIFICATE OF OBLIGATION is one of an issue of Certificates of Obligation initially
dated October 1, 2008, authorized in accordance with the Constitution and laws of the State of Texas in the
principal amount of $6,500,000, for the acquisition of approximately 115 acres, together with the acquisition
of approximately 360 acres from the proceeds of the City’s Combination Tax and Revenue Certificates of
Obligation, Series 2008A; being a total of approximately 475 acres all out of a tract of land of approximately
940 acres known as NorthLake property owned by Luminant, being located east of south Beltline, south of
east Beltline, west of Valley Ranch Road being located in Irving and north of Hackberry Road, to be used
in part for water system improvements including storage facilities and pumping station and in part for future
municipal improvements, facilities and purposes, and for paying legal, fiscal, and engineering fees in
connection with such projects.
ON FEBRUARY 1, 2018, or any date thereafter, the Certificates of Obligation of this Series may be
redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available
source, as a whole, or in part, and, if in part, the maturity or maturities of Certificates of Obligation and the
amounts thereof, to be redeemed shall be selected and designated by the Issuer, and the Issuer shall direct the
Paying Agent/Registrar to call by lot Certificates of Obligation, or portions thereof within such maturities and
in such principal amounts, for redemption (provided that a portion of this Certificate of Obligation may be
redeemed only in an integral multiple of $5,000), at the prepayment or redemption price of the principal
amount thereof, plus accrued interest to the date fixed for prepayment or redemption.
AT LEAST 30 days prior to the date fixed for any redemption of Certificates of Obligation or
portions thereof prior to maturity a written notice of such redemption shall be sent by the Paying
Agent/Registrar by United States mail, first-class postage prepaid, not less than 30 days prior to the date fixed
for any such redemption, to the registered owner of each Certificate of Obligation to be redeemed at its
address as it appeared on the 45th day prior to such redemption date; provided, however, that the failure to
send, mail or receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect
the validity or effectiveness of the proceedings for the redemption of any Certificate of Obligation, and it is
hereby specifically provided that the mailing of such notice as required above shall be the only notice actually
required in connection with or as a prerequisite to the redemption of any Certificates of Obligations or
portions thereof. By the date fixed for any such redemption due provision shall be made with the Paying
Agent/Registrar for the payment of the required redemption price for the Certificates of Obligation or portions
thereof which are to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such
16
written notice of redemption is mailed and if due provision for such payment is made, all as provided above,
the Certificates of Obligation or portions thereof which are to be so redeemed thereby automatically shall be
treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for
redemption, and they shall not be regarded as being outstanding except for the right of the registered owner
to receive the redemption price plus accrued interest from the Paying Agent/Registrar out of the funds
provided for such payment. If a portion of any Certificate of Obligation shall be redeemed a substitute
Certificate of Obligation or Certificates of Obligation having the same maturity date, bearing interest at the
same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request
of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be
issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as
provided in the Certificate of Obligation Ordinance.
THIS CERTIFICATE OF OBLIGATION OR ANY PORTION OR PORTIONS HEREOF IN ANY
INTEGRAL MULTIPLE OF $5,000 may be assigned and shall be transferred only in the Registration Books
of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Certificates of
Obligation, upon the terms and conditions set forth in the Certificate of Obligation Ordinance. Among other
requirements for such assignment and transfer, this Certificate of Obligation must be presented and
surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with
guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Certificate
of Obligation or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees
in whose name or names this Certificate of Obligation or any such portion or portions hereof is or are to be
transferred and registered. The form of Assignment printed or endorsed on this Certificate of Obligation shall
be executed by the registered owner or its duly authorized attorney or representative to evidence the
assignment hereof. A new Certificate of Obligation or Certificates of Obligation payable to such assignee
or assignees (which then will be the new registered owner or owners of such new Certificate of Obligation
or Certificates of Obligation), or to the previous registered owner in the case of the assignment and transfer
of only a portion of this Certificate of Obligation, may be delivered by the Paying Agent/Registrar in
conversion of and exchange for this Certificate of Obligation, all in the form and manner as provided in the
next paragraph hereof for the conversion and exchange of other Certificates of Obligation. The Issuer shall
pay the Paying Agent/Registrar's standard or customary fees and charges for making such transfer, but the
one requesting such transfer shall pay any taxes or other governmental charges required to be paid with
respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of this
Certificate of Obligation or any portion hereof (i) during the period commencing with the close of business
on any Record Date and ending with the opening of business on the next following principal or interest
payment date, or, (ii) with respect to any Certificate of Obligation or any portion thereof called for redemption
prior to maturity, within 45 days prior to its redemption date. The registered owner of this Certificate of
Obligation shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner
hereof for all purposes, including payment and discharge of liability upon this Certificate of Obligation to
the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice
to the contrary.
ALL CERTIFICATES OF OBLIGATION OF THIS SERIES are issuable solely as fully registered
certificates of obligation, without interest coupons, in the denomination of any integral multiple of $5,000.
As provided in the Certificate of Obligation Ordinance, this Certificate of Obligation, or any unredeemed
portion hereof, may, at the request of the registered owner or the assignee or assignees hereof, be converted
into and exchanged for a like aggregate principal amount of fully registered Certificates of Obligation,
without interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the case may
be, having the same maturity date, and bearing interest at the same rate, in any denomination or
denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner,
17
assignee, or assignees, as the case may be, upon surrender of this Certificate of Obligation to the Paying
Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Certificate
of Obligation Ordinance. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and
charges for transferring, converting, and exchanging any Certificate of Obligation or any portion thereof, but
the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges
required to be paid with respect thereto as a condition precedent to the exercise of such privilege of
conversion and exchange. The Paying Agent/Registrar shall not be required to make any such conversion
and exchange (i) during the period commencing with the close of business on any Record Date and ending
with the opening of business on the next following principal or interest payment date, or, (ii) with respect to
any Certificate of Obligation or portion thereof called for redemption prior to maturity, within 45 days prior
to its redemption date.
IN THE EVENT any Paying Agent/Registrar for the Certificates of Obligation is changed by the
Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate of Obligation
Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly
will cause written notice thereof to be mailed to the registered owners of the Certificates of Obligation.
IT IS HEREBY certified, recited, and covenanted that this Certificate of Obligation has been duly
and validly authorized, issued, sold, and delivered; that all acts, conditions, and things required or proper to
be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Certificate
of Obligation have been performed, existed, and been done in accordance with law; that this Certificate of
Obligation is a general obligation of the Issuer, issued on the full faith and credit thereof; and that ad valorem
taxes sufficient to provide for the payment of the interest on and principal of this Certificate of Obligation,
as such interest and principal come due, have been levied and ordered to be levied against all taxable property
in the Issuer, and have been pledged for such payment, within the limit prescribed by law, and that this
Certificate of Obligation is additionally secured by and payable from the limited surplus revenues of the
Issuer's Waterworks and Sewer System, remaining after payment of all operation and maintenance expenses
thereof, and all debt service, reserve, and other requirements in connection with all of the Issuer's obligations
(now or hereafter outstanding), which are payable from all or any part of the net revenues of the Issuer's
Waterworks and Sewer System.
BY BECOMING the registered owner of this Certificate of Obligation, the registered owner thereby
acknowledges all of the terms and provisions of the Certificate of Obligation Ordinance, agrees to be bound
by such terms and provisions, acknowledges that the Certificate of Obligation Ordinance is duly recorded and
available for inspection in the official minutes and records of the governing body of the Issuer, and agrees
that the terms and provisions of this Certificate of Obligation and the Certificate of Obligation Ordinance
constitute a contract between each registered owner hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Certificate of Obligation to be signed with the
manual or facsimile signature of the Mayor of the Issuer and countersigned with the manual or facsimile
signature of the City Secretary of the Issuer, and has caused the official seal of the Issuer to be duly
impressed, or placed in facsimile, on this Certificate of Obligation.
______________________________ _______________________________
City Secretary Mayor
(CITY SEAL)
FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
18
(To be executed if this Certificate of Obligation is not accompanied by an
executed Registration Certificate of the Comptroller of Public Accounts of the State of Texas)
It is hereby certified that this Certificate of Obligation has been issued under the provisions of the Certificate
of Obligation Ordinance described on the face of this Certificate of Obligation; and that this Certificate of Obligation
has been issued in conversion of and exchange for or replacement of a certificate of obligation, certificates of obligation,
or a portion of a certificate of obligation or certificates of obligation of an issue which originally was approved by the
Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas.
Dated U.S. Bank, National Association
By:
Authorized Representative
FORM OF ASSIGNMENT:
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned registered owner of this Certificate of Obligation, or duly
authorized representative or attorney thereof, hereby assigns this Certificate of Obligation to
(Assignee's Social Security or Tax Payer
Identification Number)
(Print or type Assignee's Name and Address Including Zip
Code)
and hereby irrevocably constitutes and appoints
attorney, to transfer the registration of this Certificate of Obligation on the Paying Agent/Registrar's Registration Books
with full power of substitution in the premises.
Dated _______________
NOTICE: This signature must be guaranteed by a
member of the New York Stock Exchange or a
commercial bank or trust company.
NOTICE: This signature must correspond with the name
of the Registered Owner appearing on the face of this
Certificate of Obligation.
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Section 8. TAX LEVY. A special Interest and Sinking Fund (the "Interest and Sinking
Fund") is hereby created solely for the benefit of the Certificates of Obligation, and the Interest and Sinking
Fund shall be established and maintained by the Issuer at an official depository bank of the Issuer. The
Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the Issuer, and
shall be used only for paying the interest on and principal of the Certificates of Obligation. All ad valorem
taxes levied and collected for and on account of the Certificates of Obligation shall be deposited, as collected,
to the credit of the Interest and Sinking Fund. During each year while any of the Certificates of Obligation
or interest thereon are outstanding and unpaid, the governing body of the Issuer shall compute and ascertain
a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay
the interest on the Certificates of Obligation as such interest comes due, and to provide and maintain a sinking
fund adequate to pay the principal of its Certificates of Obligation as such principal matures (but never less
than 2% of the original principal amount of the Certificates of Obligation as a sinking fund each year). Said
tax shall be based on the latest approved tax rolls of the Issuer, with full allowance being made for tax
delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and
is hereby ordered to be levied, against all taxable property in the Issuer for each year while any of the
Certificates of Obligation or interest thereon are outstanding and unpaid; and said tax shall be assessed and
collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad
valorem taxes sufficient to provide for the payment of the interest on and principal of the Certificates of
Obligation, as such interest comes due and such principal matures, are hereby pledged for such payment,
within the limit prescribed by law.
Chapter 1208, Government Code, applies to the issuance of the Certificates of Obligation and the
pledge of the taxes granted by the Issuer under this Section, and is therefore valid, effective, and perfected.
Should Texas law be amended at any time while the Certificates of Obligation are outstanding and unpaid,
the result of such amendment being that the pledge of the taxes granted by the Issuer under this Section is to
be subject to the filing requirements of Chapter 9, Business & Commerce Code, in order to preserve to the
registered owners of the Certificates of Obligation a security interest in said pledge, the Issuer agrees to take
such measures as it determines are reasonable and necessary under Texas law to comply with the applicable
provisions of Chapter 9, Business & Commerce Code and enable a filing of a security interest in said pledge
to occur.
Section 9. REVENUES. That said Certificates of Obligation, together with other obligations
of the Issuer, are additionally secured by and shall be payable from and secured by the collection of the
revenues of the Issuer's Waterworks and Sewer System, after payment of all operation and maintenance
expenses thereof, and all debt service, reserve, and other requirements in connection with all of the Issuer's
revenue bonds or other obligations (now or hereafter outstanding), which are payable from all or any part of
the net revenues of the Issuer's Waterworks and Sewer System, not to exceed $1,000, constituting "Surplus
Revenues". The Issuer shall deposit such Surplus Revenues to the credit of the Interest and Sinking Fund
created pursuant to Section 8, to the extent necessary to pay the principal and interest on the Certificates of
Obligation. Notwithstanding the requirements of Section 8, if revenues are actually on deposit or budgeted
for deposit in the Interest and Sinking Fund in advance of the time when ad valorem taxes are scheduled to
be levied for any year, then the amount of taxes which otherwise would have been required to be levied
pursuant to Section 8 may be reduced to the extent and by the amount of the revenues then on deposit in the
Interest and Sinking Fund or budgeted for deposit therein.
20
Section 10. TRANSFER. That the Mayor and the City Secretary are hereby ordered to do any
and all things necessary to accomplish the transfer of monies to the Interest and Sinking Fund of this issue
in ample time to pay such items of principal and interest.
Section 11. DEFEASANCE OF CERTIFICATES OF OBLIGATION. (a) Any Certificate of
Obligation and the interest thereon shall be deemed to be paid, retired, and no longer outstanding (a
"Defeased Certificate of Obligation") within the meaning of this Ordinance, except to the extent provided in
subsection (d) of this Section, when payment of the principal of such Certificate of Obligation, plus interest
thereon to the due date (whether such due date be by reason of maturity or otherwise) either (i) shall have
been made or caused to be made in accordance with the terms thereof, or (ii) shall have been provided for on
or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar in
accordance with an escrow agreement or other instrument (the "Future Escrow Agreement") for such payment
(1) lawful money of the United States of America sufficient to make such payment or (2) Defeasance
Securities that mature as to principal and interest in such amounts and at such times as will insure the
availability, without reinvestment, of sufficient money to provide for such payment, and when proper
arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment of its services
until all Defeased Certificates of Obligation shall have become due and payable. At such time as a Certificate
of Obligation shall be deemed to be a Defeased Certificate of Obligation hereunder, as aforesaid, such
Certificate of Obligation and the interest thereon shall no longer be secured by, payable from, or entitled to
the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such
principal and interest shall be payable solely from such money or Defeasance Securities. Notwithstanding
any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to
redeem Defeased Certificates of Obligation that is made in conjunction with the payment arrangements
specified in subsection 11(a)(i) or (ii) shall not be irrevocable, provided that: (1) in the proceedings providing
for such payment arrangements, the Issuer expressly reserves the right to call the Defeased Certificates of
Obligation for redemption; (2) gives notice of the reservation of that right to the owners of the Defeased
Certificate of Obligations immediately following the making of the payment arrangements; and (3) directs
that notice of the reservation be included in any redemption notices that it authorizes.
(b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the
Issuer also be invested in Defeasance Securities, maturing in the amounts and times as hereinbefore set forth,
and all income from such Defeasance Securities received by the Paying Agent/Registrar that is not required
for the payment of the Certificates of Obligation and interest thereon, with respect to which such money has
been so deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. Any
Future Escrow Agreement pursuant to which the money and/or Defeasance Securities are held for the
payment of Defeased Certificates of Obligation may contain provisions permitting the investment or
reinvestment of such moneys in Defeasance Securities or the substitution of other Defeasance Securities upon
the satisfaction of the requirements specified in subsection 11(a)(i) or (ii). All income from such Defeasance
Securities received by the Paying Agent/Registrar which is not required for the payment of the Defeased
Certificates of Obligation, with respect to which such money has been so deposited, shall be remitted to the
Issuer or deposited as directed in writing by the Issuer.
(c) The term "Defeasance Securities" means (i) direct, noncallable obligations of the United States
of America, including obligations that are unconditionally guaranteed by the United States of America., (ii)
noncallable obligations of an agency or instrumentality of the United States of America, including obligations
that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date of the
purchase thereof are rated as to investment quality by a nationally recognized investment rating firm not less
than AAA or its equivalent, and (iii) noncallable obligations of a state or an agency or a county, municipality,
or other political subdivision of a state that have been refunded and that, on the date the governing body of
21
the Issuer adopts or approves the proceedings authorizing the financial arrangements are rated as to
investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent.
(d) Until all Defeased Certificates of Obligation shall have become due and payable, the Paying
Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Certificates of
Obligation the same as if they had not been defeased, and the Issuer shall make proper arrangements to
provide and pay for such services as required by this Ordinance.
(e) In the event that the Issuer elects to defease less than all of the principal amount of
Certificates of Obligation of a maturity, the Paying Agent/Registrar shall select, or cause to be selected, such
amount of Certificates of Obligation by such random method as it deems fair and appropriate.
Section 12. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED CERTIFICATES
OF OBLIGATION. (a) Replacement Certificates of Obligation. In the event any outstanding Certificate of
Obligation is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be
printed, executed, and delivered, a new certificate of obligation of the same principal amount, maturity, and
interest rate, as the damaged, mutilated, lost, stolen, or destroyed Certificate of Obligation, in replacement
for such Certificate of Obligation in the manner hereinafter provided.
(b) Application for Replacement Certificates of Obligation. Application for replacement of
damaged, mutilated, lost, stolen, or destroyed Certificates of Obligation shall be made by the registered owner
thereof to the Paying Agent/Registrar. In every case of loss, theft, or destruction of a Certificate of
Obligation, the registered owner applying for a replacement certificate of obligation shall furnish to the Issuer
and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of
them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction
of a Certificate of Obligation, the registered owner shall furnish to the Issuer and to the Paying
Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Certificate of
Obligation, as the case may be. In every case of damage or mutilation of a Certificate of Obligation, the
registered owner shall surrender to the Paying Agent/Registrar for cancellation the Certificate of Obligation
so damaged or mutilated.
(c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the event any
such Certificate of Obligation shall have matured, and no default has occurred which is then continuing in
the payment of the principal of, redemption premium, if any, or interest on the Certificate of Obligation, the
Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or
mutilated Certificate of Obligation) instead of issuing a replacement Certificate of Obligation, provided
security or indemnity is furnished as above provided in this Section.
(d) Charge for Issuing Replacement Certificates of Obligation. Prior to the issuance of any
replacement certificate of obligation, the Paying Agent/Registrar shall charge the registered owner of such
Certificate of Obligation with all legal, printing, and other expenses in connection therewith. Every
replacement certificate of obligation issued pursuant to the provisions of this Section by virtue of the fact that
any Certificate of Obligation is lost, stolen, or destroyed shall constitute a contractual obligation of the Issuer
whether or not the lost, stolen, or destroyed Certificate of Obligation shall be found at any time, or be
enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately
with any and all other Certificates of Obligation duly issued under this Ordinance.
(e) Authority for Issuing Replacement Certificates of Obligation. In accordance with Chapter 1201,
Local Government Code, this Section 12 of this Ordinance shall constitute authority for the issuance of any
such replacement certificate of obligation without necessity of further action by the governing body of the
22
Issuer or any other body or person, and the duty of the replacement of such certificates of obligation is hereby
authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate
and deliver such Certificates of Obligation in the form and manner and with the effect, as provided in Section
6(d) of this Ordinance for Certificates of Obligation issued in conversion and exchange for other Certificates
of Obligation.
Section 13. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES OF
OBLIGATION; BOND COUNSEL'S OPINION; CUSIP NUMBERS AND CONTINGENT INSURANCE
PROVISION, IF OBTAINED. The Mayor of the Issuer is hereby authorized to have control of the Initial
Certificate of Obligation issued hereunder and all necessary records and proceedings pertaining to the Initial
Certificate of Obligation pending its delivery and its investigation, examination, and approval by the Attorney
General of the State of Texas, and its registration by the Comptroller of Public Accounts of the State of Texas.
Upon registration of the Initial Certificate of Obligation said Comptroller of Public Accounts (or a deputy
designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration
Certificate on the Initial Certificate of Obligation, and the seal of said Comptroller shall be impressed, or
placed in facsimile, on the Initial Certificate of Obligation. The approving legal opinion of the Issuer's bond
counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the Initial Certificate
of Obligation or on any Certificates of Obligation issued and delivered in conversion of and exchange or
replacement of any Certificate of Obligation, but neither shall have any legal effect, and shall be solely for
the convenience and information of the registered owners of the Certificates of Obligation. In addition, if
bond insurance is obtained, the Certificates of Obligation may bear an appropriate legend as provided by the
insurer.
Section 14. TAX EXEMPTION. The Issuer does not intend to issue Certificates of Obligation
authorized by this Ordinance in a manner such that the Certificates of Obligation would constitute obligations
described in Section 103(a) of the Internal Revenue Tax Code of 1986.
Section 15. CONTINUING DISCLOSURE. (a) Annual Reports. (i) The Issuer shall provide
annually to each NRMSIR and any SID, within six months after the end of each fiscal year ending in or after
2008, financial information and operating data with respect to the Issuer of the general type included in the
final Official Statement authorized by Section 17 of this Ordinance, being the information described in
Exhibit A. Any financial statements so to be provided shall be prepared in accordance with the accounting
principles described in Exhibit A thereto, or such other accounting principles as the Issuer may be required
to employ from time to time pursuant to state law or regulation, and audited, if the Issuer commissions an
audit of such statements and the audit is completed within the period during which they must be provided.
If the audit of such financial statements is not complete within such period, then the Issuer shall provide
unaudited financial statements for such period, and shall provide audited financial statements for the
applicable fiscal year to each NRMSIR and any SID, when and if the audit report on such statements become
available.
(ii) If the Issuer changes its fiscal year, it will notify each NRMSIR and any SID of the change (and
of the date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be required
to provide financial information and operating data pursuant to this Section. The financial information and
operating data to be provided pursuant to this Section may be set forth in full in one or more documents or
may be included by specific reference to any document (including an official statement or other offering
document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any SID
or filed with the SEC.
(b) Material Event Notices. The Issuer shall notify any SID and either each NRMSIR or the MSRB,
in a timely manner, of any of the following events with respect to the Certificates of Obligation, if such event
is material within the meaning of the federal securities laws:
23
1. Principal and interest payment delinquencies;
2. Non-payment related defaults;
3. Unscheduled draws on debt service reserves reflecting financial difficulties;
4. Unscheduled draws on credit enhancements reflecting financial difficulties;
5. Substitution of credit or liquidity providers, or their failure to perform;
6. Adverse tax opinions or events affecting the tax-exempt status of the Certificates of
Obligation;
7. Modifications to rights of holders of the Certificates of Obligation;
8. Certificate of Obligation calls;
9. Defeasances;
10. Release, substitution, or sale of property securing repayment of the Certificates of
Obligation; and
11. Rating changes.
The Issuer shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure
by the Issuer to provide financial information or operating data in accordance with subsection (a) of this
Section by the time required by such subsection.
(c) Limitations, Disclaimers and Amendments. (i) The Issuer shall be obligated to observe and
perform the covenants specified in this Section for so long as, but only for so long as, the Issuer remains an
"obligated person" with respect to the Certificates of Obligation within the meaning of the Rule, except that
the Issuer in any event will give notice of any deposit made in accordance with this Ordinance or applicable
law that causes Certificates of Obligation no longer to be outstanding.
(ii) The provisions of this Section are for the sole benefit of the holders and beneficial owners of the
Certificates of Obligation, and nothing in this Section, express or implied, shall give any benefit or any legal
or equitable right, remedy, or claim hereunder to any other person. The Issuer undertakes to provide only
the financial information, operating data, financial statements, and notices which it has expressly agreed to
provide pursuant to this Section and does not hereby undertake to provide any other information that may be
relevant or material to a complete presentation of the Issuer's financial results, condition, or prospects or
hereby undertake to update any information provided in accordance with this Section or otherwise, except
as expressly provided herein. The Issuer does not make any representation or warranty concerning such
information or its usefulness to a decision to invest in or sell Certificates of Obligation at any future date.
(iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE HOLDER OR
BENEFICIAL OWNER OF ANY CERTIFICATE OF OBLIGATION OR ANY OTHER PERSON, IN
CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH
BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY
COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH
PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE
LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE.
(iv) No default by the Issuer in observing or performing its obligations under this Section shall
comprise a breach of or default under the Ordinance for purposes of any other provision of this Ordinance.
Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the Issuer
under federal and state securities laws.
24
(v) The provisions of this Section may be amended by the Issuer from time to time to adapt to
changed circumstances that arise from a change in legal requirements, a change in law, or a change in the
identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions of this Section, as so
amended, would have permitted an underwriter to purchase or sell Certificates of Obligation in the primary
offering of the Certificates of Obligation in compliance with the Rule, taking into account any amendments
or interpretations of the Rule since such offering as well as such changed circumstances and (2) either (a) the
holders of a majority in aggregate principal amount (or any greater amount required by any other provision
of this Ordinance that authorizes such an amendment) of the outstanding Certificates of Obligation consent
to such amendment or (b) a person that is unaffiliated with the Issuer (such as bond counsel) determined that
such amendment will not materially impair the interest of the holders and beneficial owners of the Certificates
of Obligation. If the Issuer so amends the provisions of this Section, it shall include with any amended
financial information or operating data next provided in accordance with subsection (a) of this Section an
explanation, in narrative form, of the reason for the amendment and of the impact of any change in the type
of financial information or operating data so provided. The Issuer may also amend or repeal the provisions
of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule
or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and
to the extent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing
or selling Certificates of Obligation in the primary offering of the Certificates of Obligation.
(d) Definitions. As used in this Section, the following terms have the meanings ascribed to such
terms below:
"MSRB" means the Municipal Securities Rulemaking Board.
"NRMSIR" means each person whom the SEC or its staff has determined to be a nationally
recognized municipal securities information repository within the meaning of the Rule from time to time.
"Rule" means SEC Rule 15c2-12, as amended from time to time.
"SEC" means the United States Securities and Exchange Commission.
"SID" means any person designated by the State of Texas or an authorized department, officer, or
agency thereof as, and determined by the SEC or its staff to be, a state information depository within the
meaning of the Rule from time to 3time.
Section 16. SALE OF CERTIFICATES OF OBLIGATION AND USE OF NET PREMIUM.
(a) The Initial Certificate of Obligation is hereby sold and shall be delivered to MORGAN KEEGAN & CO.,
INC. (the "Underwriter") for cash for the price of $____________, being the par value thereof, plus a
reoffering premium of $_________, less an Underwriter’s discount of $_________, plus accrued interest
(accrued interest to be deposited into the Interest and Sinking Fund) to the date of delivery pursuant to the
terms and provisions of a Purchase Agreement with the Underwriter. It is hereby officially found,
determined, and declared that the Initial Certificate of Obligation has been sold pursuant to the terms and
provisions of a Purchase Agreement in substantially the form attached hereto as Exhibit B, which the Mayor
of the Issuer is hereby authorized and directed to execute and deliver and which the City Secretary of the
issuer is hereby authorized and directed to attest. It is hereby officially found, determined, and declared that
the terms of this sale are the most advantageous reasonably obtainable. The Initial Certificate of Obligation
shall be registered in the name of MORGAN KEEGAN & CO., INC.
Section 17. APPROVAL OF OFFICIAL STATEMENT. The Issuer hereby approves the form
25
and content of the Official Statement relating to the Certificates of Obligation and any addenda, supplement
or amendment thereto, and approves the distribution of such Official Statement in the reoffering of the
Certificates of Obligation by the Underwriter in final form, with such changes therein or additions thereto as
the officer executing the same may deem advisable, such determination to be conclusively evidenced by his
execution thereof. The Preliminary Official Statement, dated October 6, 2008, is hereby approved and
deemed final as of its date, as required by SEC Rule 15-2-12, and the distribution and use of the Preliminary
Official Statement prior to the date hereof is hereby ratified and confirmed.
Section 18. INTEREST EARNINGS ON CERTIFICATES OF OBLIGATION PROCEEDS.
The earnings derived from the investment of proceeds from the sale of the Certificates of Obligation shall be
used along with other Certificates of Obligation proceeds as described in Section 1 hereof; provided that after
completion of such project, if any of such interest earnings remain on hand, such interest earnings shall be
deposited in the Interest and Sinking Fund. It is further provided, however, that interest earnings on the
Certificates of Obligation proceeds which are required to be rebated to the United States of America pursuant
to Section 14 hereof in order to prevent the Certificates of Obligation from being arbitrage bonds shall be so
rebated and not considered as interest earnings for the purpose of this Section.
Section 19. PUBLIC NOTICE. It is hereby officially found and determined that public notice
of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government
Code, and no petition was received from the qualified electors of the Issuer protesting the issuance of such
Certificates of Obligation.
----------
EXHIBIT A
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 15 of this Ordinance.
I. Annual Financial Statements and Operating Data
The financial information and operating data with respect to the Issuer to be provided annually in
accordance with such Section are as specified (and included in the Appendix or under the headings of the
Official Statement and Tables referred to) below:
1 through 6 and 8 through 15 and in Appendix B
Accounting Principles
The accounting principles referred to in such Section are the accounting principles described in the
notes to the financial statements referred to in paragraph 1 above.
EXHIBIT B
PURCHASE AGREEMENT
THE PURCHASE AGREEMENT IS OMITTED AT THIS POINT AS IT APPEARS
ELSEWHERE IN THE TRANSCRIPT.
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Finance
October 14, 2008
14
✔
RESOLUTION
Consider approval of a resolution to deny the proposed increase in rates and charges requested by Oncor Electric
Delivery Company LLC, providing that the rates and charges of the said company be denied, providing for notice
hereof to said company and authorizing Mayor to sign.
Staff recommends approval of this resolution to deny Oncor's proposed rate and charges increase, and requires
Oncor to maintain their current rate structure in the city of Coppell. Based on our rate consultants findings, Oncor's
requested increase in rates and charges cannot be substantiated by their evidence. These proposed changes would
increase the transmission and distribution rates by 17.6% for residential, 9.1% for commercial and 5.8% for street
lighting. According to Oncor, this proposed increase in rates and charges would increase the average annual
residential bill by approximately $60. Oncor has indicated they will appeal the cities denial to increase rates and
charges to the Public Utility Commission. The cities and Oncor have scheduled additional meetings to seek a possible
settlement to avoid litigation before the PUC.
Staff recommends approval.
$TXU-1AR
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: Members of the Oncor Cities Steering Committee With Original Jurisdiction
FROM: Geoffrey M. Gay
Kristen Doyle
Thomas Brocato
DATE: September 29, 2008
RE: ACTION NEEDED BY NOVEMBER 6, 2008 – Denying Oncor's Requested Rate
Increase
The Executive Committee of the Oncor Cities Steering Committee ("Steering Committee")
met last Thursday to hear recommendations from the attorneys and consultants working on Oncor's
proposed $275 million rate increase and to discuss final action to be taken at the city level. Based
upon the information provided by the consultants, the Executive Committee members approved a
motion recommending that all Steering Committee members with original jurisdiction take action to
DENY Oncor's requested $275 million rate increase.
The attached documents (model resolution and staff report, list of Steering Committee
members and supporting documents) will accomplish this objective. Please place the resolution
denying Oncor's requested increase on your city council's agenda for consideration and action on or
before November 6, 2008. Note that because the city will not be setting new rates (only maintaining
existing rates), final action by resolution should be sufficient. If you are unable to meet the
November 6th deadline for action, please contact me as soon as possible.
The Company will appeal the final actions taken by cities to the Public Utility Commission,
where the appeals will be consolidated with the pending docket created by the PUC for the
Company's request, Docket No. 35717. Testimony by the Steering Committee will be filed on
November 26, 2008. A hearing on the merits is scheduled to begin on January 13, 2009. A final
order from the Commission is expected on or before June 26, 2009.
In addition to the projected annual residential rate impact of approximately $60 for the
Company's rate request, the Company has recently received approval from the PUC to collect $27
annually from residential customers through a surcharge that will be in place for the next 11 years to
pay for advanced metering. This is on top of a projected increase to annual rates paid by all ERCOT
customers of $70 - $100 beginning as early as 2010 to pay for the build-out of transmission lines to
transport energy generated by wind from West Texas to the rest of the ERCOT market.
If you have any questions, please feel free to contact Geoffrey (512/322-5875,
ggay@lglawfirm.com), Kristen (512/322-5820, kdoyle@lglawfirm.com) or Thomas (512/322-5857,
tbrocato@lglawfirm.com).
MODEL STAFF REPORT
***ACTION MUST BE TAKEN TO DENY THE REQUESTED RATE INCREASE ON
OR BEFORE NOVEMBER 6, 2008***
PURPOSE
Oncor Electric Delivery Company ("Oncor" or "the Company") filed an application on or
about June 27, 2008 with cities retaining original jurisdiction seeking to increase system-wide
transmission and distribution rates by $275 million. (Until last year, Oncor was known as TXU
Electric Delivery Company.) The Company asks the City to approve a 17.6% increase in
residential rates, a 9.1% increase in commercial rates, and a 5.8% increase in street lighting rates.
According to Oncor, annual rates would increase by approximately $60 for an average residential
customer. Oncor's request has been assigned Public Utility Commission Docket No. 35717.
The resolution denies the Company's requested rate increase and requires that the
Company's current rates be maintained for all customers within the City.
DISCUSSION
The City, pursuant to § 33.001 of the Public Utility Regulatory Act, has exclusive
original jurisdiction over the electric rates charged by the Company. In accordance with that
authority, the City lawfully suspended the August 8th effective date for 90 days to review the
Company's requested rate increase.
The City's review of Oncor's rate increase request is coordinated by the Oncor Cities
Steering Committee ("Steering Committee"). The City is a member of the 145-city Steering
Committee. The Steering Committee has been the primary public interest advocate before the
Public Utility Commission, the Courts, and the Legislature on electric utility regulation matters
for the last 20 years.
To conduct the review and any necessary litigation of Oncor's requested rate increase, the
Executive Committee of the Steering Committee retained lawyers and consultants with expertise
in regulatory rate making issues. Legal efforts are being directed by Geoffrey Gay, Kristen
Doyle and Thomas Brocato with the law firm of Lloyd Gosselink Rochelle & Townsend. All
reasonable consulting and legal fees incurred by the Steering Committee are reimbursable by the
Company.
The major components underlying Oncor's requested $275 million increase include an
increase for depreciation expense ($131 million), a substantial increase to the Company's storm
reserve ($81 million) and additional costs for pension and post retirement benefits ($36 million).
Based upon the analysis of the Company's filing and review of discovery responses, the Steering
Committee's consultants have determined that the Company's increase cannot be substantiated by
evidence. In particular, Steering Committee experts have identified problems with the evidence
offered by the Company supporting its requested rate of return, cash working capital,
depreciation expense, consolidated taxes, federal income taxes, storm damage reserve and
pension and post retirement benefits. The preliminary analysis indicates that Cities will likely be
proposing cumulative reductions to the Company's requested rate increase in excess of $200
million. In addition, Cities' experts will file testimony regarding the rate design and cost
allocation proposals made by Oncor.
The action taken by the City to deny Oncor's rate increase will be appealed by the
Company to the Public Utility Commission ("PUC") of Texas. The appeals of all individual city
actions will be consolidated into the current proceeding at the PUC, Docket No. 35717. The
Steering Committee is already actively involved in Docket No. 35717 and will file testimony
challenging the Company's support for the rate increase. The hearing regarding Oncor's
requested rate increase will begin January 13, 2009 and is expected to last three weeks. In an
effort to avoid litigation if at all possible, parties to the proceeding have scheduled meetings with
the Company to investigate the possibility of settlement.
Explanation of "Be It Resolved" Paragraphs:
Section 1. This section finds that the new rates proposed by the Company to be
unreasonable and denies Oncor's request to increase rates.
Section 2. This section requires Oncor to continue to charge its existing transmission and
distribution rates to customers within the City.
Section 3. The Company will reimburse the Steering Committee for its reasonable rate
case expenses. Legal counsel and consultants approved by the Executive Committee of the
Steering Committee will submit monthly invoices that will be forwarded to Oncor for
reimbursement. No individual city incurs liability for payment of rate case expenses by taking
action to deny the Company’s rate increase.
Section 4. This section recites that the resolution was passed at a meeting that was open
to the public and that the consideration of the resolution was properly noticed.
Section 5. This section provides that both Oncor and Steering Committee counsel will be
notified of the City’s action by sending a copy of the approved and signed resolution to certain
designated individuals.
Oncor Cities Steering Committee
Addison
Allen
Alvarado
Andrews
Anna
Archer City
Argyle
Arlington
Bedford
Bellmead
Belton
Benbrook
Big Spring
Beverly Hills
Breckenridge
Bridgeport
Brownwood
Buffalo
Burkburnett
Burleson
Caddo Mills
Cameron
Canton
Carrollton
Cedar Hill
Celina
Centerville
Cleburne
Colleyville
Collinsville
Coahoma
Comanche
Commerce
Coppell
Copperas Cove
Corinth
Crowley
Dallas
Dalworthington Gardens
De Soto
DeLeon
Denison
Duncanville
Early
Eastland
Edgecliff Village
Euless
Everman
Fairview
Farmers Branch
Fate
Flower Mound
Forest Hill
Fort Worth
Frisco
Frost
Gainesville
Garland
Glenn Heights
Grand Prairie
Granger
Grapevine
Gunter
Haltom City
Harker Heights
Heath
Henrietta
Hewitt
Highland Park
Honey Grove
Howe
Hurst
Hutto
Iowa Park
Irving
Jolly
Josephine
Justin
Kaufman
Keller
Kerens
Lake Worth
Lakeside
Lamesa
Lewisville
Lindale
Little Elm
Little River Academy
Malakoff
Mansfield
McKinney
Mesquite
Midland
Midlothian
Murchison
Murphy
Nacogdoches
New Chapel Hill
North Richland Hills
O’Donnell
Oak Leaf
Oak Point
Odessa
Ovilla
Palestine
Pantego
Paris
Plano
Prosper
Pottsboro
Ranger
Rhome
Richardson
Richland Hills
River Oaks
Roanoke
Robinson
Rockwall
Rosser
Rowlett
Sachse
Saginaw
Seagoville
Sherman
Snyder
Southlake
Springtown
Stephenville
Sulphur Springs
Sunnyvale
Sweetwater
Temple
Terrell
The Colony
Tyler
University Park
Venus
Waco
Watauga
Waxahachie
White Settlement
Wichita Falls
Willow Park
Woodway
Wylie
RESOLUTION NO. _ ______
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
FINDING THAT ONCOR ELECTRIC COMPANY’S
REQUESTED INCREASES TO ITS ELECTRIC
TRANSMISSION AND DISTRIBUTION RATES AND
CHARGES WITHIN THE CITY SHOULD BE DENIED;
FINDING THAT THE CITY'S REASONABLE RATE CASE
EXPENSES SHALL BE REIMBURSED BY THE
COMPANY; FINDING THAT THE MEETING AT WHICH
THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC
AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS
RESOLUTION TO THE COMPANY AND LEGAL
COUNSEL.
WHEREAS, pursuant to § 33.001 of the Public Utility Regulatory Act ("PURA"), the
City has exclusive original jurisdiction over the electric rates, operations, and services provided
within city limits;
WHEREAS, on or about June 27, 2008, Oncor Electric Delivery Company ("Oncor" or
"Company"), pursuant to PURA §§ 33.001 and 36.001 filed with the City of Coppell ("City") a
Statement of Intent to increase electric transmission and delivery rates by $275 million on a
system-wide basis within its service area effective August 8, 2008; and
WHEREAS, pursuant to PURA § 36.108, the City lawfully suspended the August 8,
2008, effective date by resolution to provide time to study the reasonableness of the Company's
application to increase rates; and
WHEREAS, the City is a member of the Oncor Cities Steering Committee (Steering
Committee) and has cooperated with 145 similarly situated city members to conduct a review of
the Company’s application, to hire and direct legal counsel and consultants, to prepare a common
response to the filing, to negotiate with the Company and to direct any necessary litigation
appealing final city action; and
WHEREAS, the City, in a reasonably noticed meeting that was open to the public,
considered the Company’s application; and
WHEREAS, the consultants who were retained by the Steering Committee to evaluate
the merits of the Company’s application have determined that the Company’s requested $275
million increase in revenues for its transmission and distribution system is not supported by
evidence; and
WHEREAS, PURA § 33.023 provides that reasonable costs incurred by cities in
ratemaking activities are to be reimbursed by the regulated utility.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
1. That the rates proposed by Oncor Electric Delivery Company, to be recovered
through its electric transmission and distribution rates charged to customers located within the
City limits, are hereby found to be unreasonable and shall be denied.
2. That the Company shall continue to charge its existing rates for transmission and
distribution services to customers within the City.
3. That the City’s reasonable rate case expenses shall be reimbursed by Oncor.
4. That it is hereby officially found and determined that the meeting at which this
Resolution is passed is open to the public as required by law and the public notice of the time,
place, and purpose of said meeting was given as required.
5. A copy of this Resolution shall be sent to Oncor, care of Debra Anderson, Oncor
Electric Delivery Company, 1601 Bryan St., Suite 23-055C, Dallas, Texas 75201 and to
Geoffrey Gay, General Counsel to the Oncor Cities Steering Committee, at Lloyd Gosselink
Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725.
PASSED AND APPROVED, this the ______ day of __________, 2008.
APPROVED: ATTEST:
_____________________________ ___________________________
Douglas N. Stover, Mayor Libby Ball, Secretary
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
PLANNING
October 14, 2008
15
✔
PUBLIC HEARING
Consider approval of Case No. S-1248-C, Papa Murphy’s, a zoning change request from C (Commercial) to S-1248-C
(Special Use Permit-1248-Commercial), to allow a 1,226-square-foot grocery take-out, to be located at 612 E. Sandy
Lake Road.
The following P&Z conditions remain outstanding:
1. Grease trap determination will be made by the Building Official.
2. Signage for this building (color, size font, etc.) will be determined by the first application approval for a sign permit.
3. Contact Larry Redick at (972) 323-8917 to discuss electric service requirements.
On September 18, 2008, the Planning Commission unanimously
recommended approval of this zoning change (5-0), subject to the
above-stated conditions. Commissioners Frnka, Shute, Haas,
Sangerhausen, and Kittrell voted in favor, none opposed.
Staff recommended APPROVAL.
@01 S-1248-C, Papa Murphy's, 1-AR
ITEM # 4
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
S-1248-C, Papa Murphy’s
P&Z HEARING DATE: September 18, 2008
C.C. HEARING DATE: October 14, 2008
STAFF REP.: Gary L. Sieb, Director of Planning
LOCATION: 612 East Sandy Lake Road
SIZE OF AREA: 1,226 square feet
CURRENT ZONING: C (Commercial)
REQUEST: A zoning change to S-1248-C (Special Use Permit-1248-
Commercial), to allow a 1,226-square-foot grocery take-out.
APPLICANT: LEASEE: OWNER:
DS and TC Management Family Video
David Simmons Lance France
4206 N. W. 12th Street 2500 LeHigh Ave.
Camas, WA. 98607 Glenview, Il. 60026
(360) 314-8482 (214) 215-7430
No Fax No Fax
REPRESENTING CASE: Rockford Construction
Michael Mattice or Alan Ricord
5540 Glenwood Hills Pkwy., S.E.
Grand Rapids, MI. 49512
(616) 481-8847
Fax: (616) 285-8003
ITEM # 4
Page 2 of 3
HISTORY: A site plan and minor plat permitting a one story, 13,000
square foot retail/office building was approved for this site in
November of 2006. This 1200 square foot request would
occupy a portion of the approved building.
TRANSPORTATION: Sandy Lake Road is a C4D, four-lane, concrete divided
thoroughfare built to standard within a 100 foot right-of-way.
SURROUNDING LAND USE & ZONING:
North-Single-family residential; Austin Place, (PD-130-SF-7)
South-Sandy Lake Plaza Retail Center; R (Retail)
East –Dental office; C (Commercial)
West –Two story medical office building; C (Commercial)
COMPREHENSIVE PLAN: The Comprehensive Plan, as amended, shows the property
as suitable for neighborhood retail uses.
DISCUSSION: This property was approved for a 13,000 square foot, one
story retail/office building in 2006. Subsequent to that
approval, Family Video purchased the property and the
building is now under construction. Family Video will occupy
approximately 5,700 square feet of the building, and the rest
is proposed to be leased out to a variety of users. The first
lease is for a 1200 square foot Papa Murphy’s take-out, bake
it yourself pizza parlor, and would be a first for the city. This is
not a restaurant in the classical sense as nothing is eaten on
site. An individual would order a custom made pizza,
employees would prepare the pie, and the individual would
pick it up, take it home, and bake it in the residence. That
being the case, this use is more like a mini-grocery than a
restaurant. Parking, therefore, would be provided based
upon grocery store requirements of one parking space for
each 200 square feet of space, rather then restaurant
requirements of one to 100. This applicant is required to
provide 6 spaces. In addition, restaurants generally require
a 750 gallon grease interceptor. In that this use appears to
not be a restaurant, the final decision regarding the grease
trap will be made by the Building Official, and is a condition
of approval of this request.
ITEM # 4
Page 3 of 3
Signage for this use is limited to 17 square feet, as 17 feet is
the length of this lease space facing a public street. The
sign submitted is within that limitation and the applicant is
aware that the design of this sign will determine the signage
for the rest of the center.
This request, with certain conditions, warrants staff support as
the use is compatible with what was envisioned here. One
condition relates to signage and recognition by the building
owner that all signage shall be similar in color, design, font
style, and so forth, and be in compliance with our sign
ordinance.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of this request with the following conditions:
1. Grease trap determination will be made by the Building
Official.
2. Signage for this building (color, size font, etc.) will be
determined by the first application approval for a sign
permit.
3. Contact Larry Redick at (972) 323-8917 to discuss electric
service requirements.
ALTERNATIVES:
1. Recommend approval of the request
2. Recommend disapproval of the request
3. Recommend modification of the request
4. Take under advisement for reconsideration at a later date
ATTACHMENTS:
1. Site Plan (Sheet SP-1)
2. Elevations (Sheet A 4.1)
3. Papa Murphy Floor Plan (Sheet A0)
4. Papa Murphy Signage (AD Art Sheet)
5. Elevations of Signage (2 smaller sheets)
1
CONCEPTUAL DRAWING ONLY:
ALL RIGHTS RESERVED:
SALES:
DATE:
DESIGNER:TJV
FILENAME: 03-0311r1
Revision Date Description
SALES APPROVAL
CUSTOMER APPROVAL
LANDLORD APPROVAL
Dimensions are approximate & may change due to Construction factors or exact field conditions. Colors Shown areas close as printing will
a l l o w ; a l w a y s F o l l o w w r i t t e n s p e c i f i c a t i o n s .
This design has been created for you in connection With a project being planned for you by ADART. It may not be shown to anyone
outside your Organization, and may not be reproduced In any manner without prior consent.
2609 SAGEBRUSH DRIVE
SUITE 204
FLOWER MOUND, TEXAS 75028
T.800.675.6353
F.469.322.1915
612 E SANDY LAKE RD
COPPELL, TX
Doug Head
7/28/08
PAGE OF 2
R1/TJV/9-5-08/chg letter style
17'-0" store front
PROPOSED SOUTH ELEVATION SCALE: 3/8”=1’-0”
12'-4"11"LETTER LAYOUT SCALE: 1”=1’-0”12'-0"8"CONSTRUCTION
RETURN DEPTH
RETURN COLOR
TRIM CAP
FACES
ILLUMINATION
ACRYLIC COLOR
ELECTRICAL
ALUMINUM - .40 RETURNS AND .63 BACKS
5”
WHITE
1” WHITE JEWLITE TRIM CAP
LEXAN
WHITE LED
WHITE
REMOTE
LETTER SECTION N.T.S.
MINIMUM (2) ¼" DIAMETER WEEP HOLES
IN LOW POINTS OF EACH LETTER.
INSTALL IN ACCORDANCE W/NEC
POWER CABLE THROUGH
½" DIAMETER FLEXIBLE METALLIC CONDUIT.
ACRYLIC FACES.
5"
1" JEWELITE FACE RETAINERS
.050" THICK ALUMINUM RETURNS
LIGHT-EMITTING DIODE STRIP
PS3 POWER SUPPLY INSIDE GAL. METAL BOX
BEHIND WALL AS REQUIRED
17 SQUARE FT TOTAL
ALL WHITE LETTER CONSTRUCTION
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
PLANNING
October 14, 2008
16
✔
PUBLIC HEARING
Consider approval of Case No. PD-235-O, Denton Creek @ Sandy Lake Addition, Lot 2, Block A, a zoning change
request from SF-12 (Single Family-12) to PD-235-O (Planned Development District 235-Office), to allow the construction
of a two-story, 11,632-square-foot office building on 0.83 acres of property located on the north side of Sandy Lake
Road, approximately 600 feet west of Starleaf Road.
The following P&Z conditions remain outstanding:
1. Contact Larry Redick (972-323-8917) to discuss electric service requirements.
2. Tree removal permit required prior to start of construction.
3. Removal of landscaping and retrofitting of irrigation of proposed left turn needs to be coordinated with Parks Operation
Manager.
4. Remove note #1 under “Requested Variances…” from Site Plan.
5. Rephrase Note #2 on Site Plan.
6. Remove “Of” from Elevation Sheet.
7. The property owners must build a six-foot screening wall along the west and north property lines when/if property is sold.
On September 18, 2008, the Planning Commission unanimously
recommended approval of this zoning change (5-0), subject to the
above-stated conditions. Commissioners Frnka, Shute, Haas,
Sangerhausen, and Kittrell voted in favor, none opposed.
Staff recommended APPROVAL.
@02 PD-235-0, DC @ SLA, L2, BA, 1-AR
ITEM # 5
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
PD-235-O, Denton Creek @ Sandy Lake Addition,
Lot 2, Block A
P&Z HEARING DATE: September 18, 2008
C.C. HEARING DATE: October 14, 2008
STAFF REP.: Gary L. Sieb, Director of Planning
LOCATION: North side of Sandy Lake Road, west of Starleaf Road
SIZE OF AREA: .83 acres of property
CURRENT ZONING: S-12 (Single Family-12)
REQUEST: A zoning change to PD-235-O (Planned Development
District 235-Office), to allow the construction of a two-story,
11,632-square-foot office building.
APPLICANT: Owner : Engineer:
“Raj” Akula Gonzalez/Schneeberg
109 Woodland Court 660 N. Central
Coppell, Texas 75019 Suite 250
(732) 925-6110 or Plano, TX. 75074
Fax: (972) 241-4439 (972) 516-8855
Fax: (972) 516-8901
HISTORY: There has been no development history on the subject
parcel although this property was flooded in 1990.
TRANSPORTATION: Sandy Lake Road is a C4D four-lane, concrete, divided
improved roadway with median contained within an
approximate 90 foot right-of-way.
ITEM # 5
Page 2 of 3
SURROUNDING LAND USE & ZONING:
North-Vacant land and flood plain; City of Carrollton
South –St. Joseph retirement community; PD-114R-SF-7
East –Single family residences; SF-12
West-Vacant; SF-12
COMPREHENSIVE PLAN: The Comprehensive Plan, as amended, shows this land to be
suitable for neighborhood retail uses (which includes office).
DISCUSSION: This is a somewhat unusual case in that the requested zoning
has a direct relationship to a single family home to be built
upon a lot immediately west of this proposed Planned
Development office request. Specifically, the applicant in
this case to develop a two story, 11,600 square foot office
building, is also the owner of the single-family lot next door.
The plan is to build the residence and the office building and
have a common driveway between the two. In that way,
the applicant can live next door to his office and have a
common access to both uses. Generally, staff discourages
this type of development in that we prefer to segregate
office uses from residential uses, especially with regard to
traffic circulation patterns. In this case, however, since the
same owner owns both lots and desires to have his office
next door to his home, we can support the request. In
addition, because this development is only two lots, we do
not feel the addition of a common drive will create any
traffic problem. To enhance the division between the office
drive and the residential connector, the applicant has
agreed to construct a grass-crete drive between them, thus
creating a visual and physical transition between the two.
Also, in straight zoning, office uses must physically screen
from residential uses. As you examine the exhibits prepared
for this case you will note that a landscape screen rather
than a solid masonry screen is being proposed for the
common lot line between the residence and the office.
Hence, another reason for the PD office request. Both
buildings will be constructed of similar materials lending a
sense of compatibility between the two uses.
Although an unusual request, we can support the
application because of the additional efforts the owner has
exercised in developing his plan. Those efforts include the
utilization of similar building materials, sensitivity in site
ITEM # 5
Page 3 of 3
planning two generally somewhat incompatible uses,
respect for adjacent uses, and the grass-crete drive, among
others.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of this request subject to the following
conditions:
1. Contact Larry Redick (972-323-8917) to discuss electric
service requirements.
2. Tree removal permit required prior to start of
construction.
3. Removal of landscaping and retro-fitting of irrigation of
proposed left turn needs to be coordinated with Parks
Operation Manager.
4. Remove note #1 under “Requested Variances…” from
Site Plan.
5. Rephrase Note #2 on Site Plan.
6. Place on landscape plan same legend (for pavers and
grass-crete) shown on Site Plan.
7. Remove “Of” from Elevation Sheet.
8. Include elevations and gate detail for dumpster surround
on Landscape Plan (Sheet L2).
ALTERNATIVES:
1. Recommend approval of the request
2. Recommend disapproval of the request
3. Recommend modification of the request
4. Take under advisement for reconsideration at a later date
ATTACHMENTS:
1. Site Plan (Sheet C3)
2. Tree Survey (Sheet T1)
3. Building Elevations (Two Sheets not numbered)
4. Landscape Plan (Sheet L1)
5. Landscape Details (Sheet L2)
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
PLANNING
October 14, 2008
17
✔
PRESENTATION
Consider approval of the Denton Creek @ Sandy Lake Addition, Lots 1 & 2, Block A, Minor Plat, to allow the
construction of a single-family home on Lot 1 and a two-story office building on Lot 2, on 2.3 acres of property located
on the north side of Sandy Lake Road, approximately 600 feet west of Starleaf Road.
The following P&Z condition remains outstanding:
1. Contact Larry Redick (972-323-8917) regarding electric service requirements.
On September 18, 2008, the Planning Commission unanimously
recommended approval of this minor plat (5-0), subject to the
above-stated condition. Commissioners Frnka, Shute, Haas,
Sangerhausen, and Kittrell voted in favor, none opposed.
Staff recommended APPROVAL.
@03 DC @ SLA, Lts 1 & 2, BA, MP, 1-AR
ITEM # 6
Page 1 of 2
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Denton Creek @ Sandy Lake Addition,
Lots 1 & 2, Block A, Minor Plat
P&Z HEARING DATE: September 18, 2008
C.C. HEARING DATE: October 14, 2008
STAFF REP.: Gary L. Sieb, Director of Planning
LOCATION: North side of Sandy Lake Road, west of Starleaf Road
SIZE OF AREA: 2.36 acres of property
CURRENT ZONING: SF-12 (Single Family-12)
REQUEST: A minor plat to allow the construction of a single-family
home on Lot 1 and a two-story office building on Lot 2.
APPLICANT: Owner: Engineer:
“Raj” Akula Gonzalez/Schneeberg
109 Woodland Cove 660 N. Central
Coppell, Texas 75019 Suite 250
(972) 241-4698 Plano, TX. 75074
Fax: (972) 241-4439 (972) 516-8855
Fax: (972) 516-8901
HISTORY: There has been no development history on the subject
parcel although this property was flooded in 1990.
TRANSPORTATION: Sandy Lake Road is a C4D four-lane, concrete, divided,
improved roadway with median contained within an
approximate 90 foot right-of-way.
ITEM # 6
Page 2 of 2
SURROUNDING LAND USE & ZONING:
North-Vacant land and flood plain; City of Carrollton
South –St. Joseph retirement community; PD-114R-SF-7
East-Single-family residences; SF-12
West-Vacant; SF-12
COMPREHENSIVE PLAN: The Comprehensive Plan, as amended, shows this land to be
suitable for neighborhood retail uses (which includes office).
DISCUSSION: As a companion piece to the zoning change discussed
earlier, this minor plat basically legally delineates the
applicant’s request to develop the property with the
requested uses and warrants approval subject to some
minor conditions.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of this minor plat with the following conditions:
1. Contact Larry Redick (972-323-8917) regarding electric
service requirements.
2. Label the base flood elevation on the flood plain.
ALTERNATIVES:
1. Recommend approval of the request
2. Recommend disapproval of the request
ATTACHMENTS:
1. Minor Plat document
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
PLANNING
October 14, 2008
18
✔
PUBLIC HEARING
Consider approval of Case No. PD-162R-MF-2, Gunner Subdivision, Lots 1 & 2, Block A, a zoning change request from
PD-162-MF-2 (Planned Development District 162 – Multifamily-2) to PD-162R-MF-2 (Planned Development District 162-
Revised – Multi-family-2) to allow the conversion of a portion of the existing leasing office/amenity area into three
residential units, to add garages/storage areas, and to reconfigure parking spaces, on 37.8 acres of property located
1717 and 1721 Belt Line Road.
The following P&Z conditions remain outstanding:
1. Ensure all trees affected by the parking lot revisions are replaced and verify there is a tree at the end of each
parking row.
2. Contact Larry Redick at 972-323-8917 to discuss electric service requirements.
On September 18, 2008, the Planning Commission unanimously
recommended approval of this zoning change (5-0), subject to the
above-stated conditions. Commissioners Frnka, Shute, Haas,
Sangerhausen, and Kittrell voted in favor, none opposed.
Staff recommended APPROVAL.
@04 PD-162R-MF-2, GS, L1&2, BA, 1-AR
ITEM # 7
Page 1 of 3
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
PD-162R-MF-2, Gunner Subdivision,
Lots 1 & 2 Block A
P&Z HEARING DATE: September 18, 2008
C.C. HEARING DATE: October 14, 2008
STAFF REP.: Matt S. Steer, City Planner
LOCATION: 1717 & 1721 Belt Line Road
SIZE OF AREA: 37.8 acres of property
CURRENT ZONING: PD-162-MF-2 (Planned Development District 162 –
Multifamily-2)
REQUEST: A zoning change to PD-162R-MF-2 (Planned Development
District 162- Revised – Multi-family-2) to allow the conversion
of a portion of the existing leasing office/amenity area into
three residential units, to add garages/storage areas, and to
reconfigure parking spaces.
APPLICANT: Owner: Architect:
Terry Chapman Ryan Lee
Williams Asset Management Gary B. Coursey & Associates
One Overton Park Overlook I
3625 Cumberland Blvd, Suite 430 2849 Paces Ferry Rd, Suite 220
Atlanta, GA 30339 Atlanta, GA 30339
Phone: (678) 589-7770 Phone: (678) 391-7755
Fax: (678) 589-7771 Fax: (770) 432-2773
HISTORY: A zoning change to PD-162-MF-2 was approved September
9, 1997, for this existing apartment complex, consisting of 600
apartment units.
ITEM # 7
Page 2 of 3
TRANSPORTATION: East Belt Line Road is a PD6, six-lane divided major
arterial thoroughfare built within a 120-foot wide right-
of-way.
SURROUNDING LAND USE & ZONING:
North: Railroad and multifamily residential; A and MF-2
South: Grapevine Creek and single-family residential; City of Irving
East: vacant; LI
West: office, landscaping center, self-storage warehouse; LI
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
high density residential land use.
DISCUSSION: This is a multipart request encompassing changes to both
the Carrington and St. Marin Apartments. These are
currently owned and managed by the same group (Williams
Asset Management); and therefore, only one leasing office
is needed, giving rise to this request. On the east property,
or the Carrington side, the applicant wishes to convert the
leasing office, game room, library and weight room, to three
living units and retain the weight room on the south end. A
two bay garage is proposed to the north of the building in
the existing parking area. The exterior of the garage will
match the existing garages within the complex. The parking
area is proposed to be reconfigured to restripe the adjacent
section and to add one additional space to compensate for
the one parking space lost due to the proposed
construction.
On the property to the west, or the St. Marin side, the
applicant is proposing to construct a six-bay garage and
reconfigure the parking area on the north side of Building 19.
Three parking spaces will be added to compensate for the
three lost due to the proposed construction. The
architectural materials of the proposed garage/storage
area will match that of the complex.
All and all, staff has no objection to these requests as long as
the trees that are affected due to the parking lot revisions
will be replaced. Therefore, staff is recommending approval
subject to this condition.
ITEM # 7
Page 3 of 3
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of PD-162R2-MF-2, Lots 1 & 2, Block A, Gunner
Subdivision subject to the following conditions:
1. Ensure all trees affected by the parking lot revisions are replaced and
verify there is a tree at the end of each parking row.
2. Contact Larry Redick at 972-323-8917 to discuss electric service
requirements.
ALTERNATIVES:
1. Recommend approval of the request
2. Recommend disapproval of the request
3. Recommend modification of the request
4. Take under advisement for reconsideration at a later date
ATTACHMENTS:
1. Site Plan Amendment (2 pages)
2. Existing and Proposed Floor Plan (2 pages)
3. Exterior garage elevations (2 pages)
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
PLANNING
October 14, 2008
19
✔
PRESENTATION
Consider approval of the Lesley Retail Addition, Blocks A & B, & Dividend Drive, Preliminary Plat, to establish property
boundaries and the alignment of Dividend Drive on 28.142 acres of property located on the east side of S. Belt Line
Road, north of Hackberry Drive.
The following P&Z condition remains outstanding:
1. Contact Jeff Curry at 972-888-1330 to discuss easement requirements.
On September 18, 2008, the Planning Commission unanimously
recommended approval of this preliminary plat (5-0), subject to the
above-stated condition. Commissioners Frnka, Shute, Haas,
Sangerhausen, and Kittrell voted in favor, none opposed.
Staff recommended APPROVAL.
@05 LRA, Blks A&B & Dvd Dr, PP, 1-AR
ITEM # 8
Page 1 of 2
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Lesley Retail Addition, Blocks A & B
& Dividend Drive Preliminary Plat
P&Z HEARING DATE: September 18, 2008
C.C. HEARING DATE: October 14, 2008
STAFF REP.: Matt S. Steer, City Planner
LOCATION: East side of S. Belt Line Road, north of Hackberry Drive
SIZE OF AREA: 28.14 acres of property
CURRENT ZONING: A (Agricultural)
REQUEST: Preliminary plat approval to establish property boundaries
and the alignment of Dividend Drive.
APPLICANT: Owner: Engineer;
Hackbelt 27 Partners, L.P. Pacheco Koch
Todd Jones Jack Evans, P.E.
5605 N. MacArthur Blvd. 8350 N. Central Expressway
10th Floor Suite 1000
Irving, TX 75038 Dallas, TX 75206
Phone: (972) 819-3965 Phone: (972) 235-3031
Fax: (972) 819-3644 Fax: (972) 235-9544
HISTORY: This property is currently vacant and has never been platted.
TRANSPORTATION: South Belt Line Road is a P6D, major thoroughfare built to
standard in a l20-foot right-of-way.
ITEM # 8
Page 2 of 2
SURROUNDING LAND USE & ZONING:
North – vacant; City of Dallas
South – vacant; City of Irving
East – vacant; City of Dallas
West – vacant, office and vacant; PD-222-LI (Planned
Development-222-Light Industrial), PD-221R-HC
(Planned Development-221-Revised-Highway
Commercial), and PD-221R3-HC (Planned
Development-221-Revision 3-Highway Commercial)
COMPREHENSIVE PLAN: The Coppell Comprehensive Master Plan, as amended,
shows the property as suitable for freeway office uses.
DISCUSSION: This is a straight-forward case, proposing the 90-foot wide
dedication of land for the extension of Dividend Drive from
South Belt Line Road to the east city limit line approximately
600 feet in length (1.29 acres). The road will be initially
constructed with a temporary turn around at the east end
and will eventually be extended into the City of Dallas. The
general location of a median opening is depicted and will
be finalized when the adjacent properties are developed.
The remaining 27 acres are proposed as two blocks; Block A,
to the north of the proposed Dividend extension and Block B
to the south. Currently, no lot lines are depicted as it is
unknown at this time how many pad sites will be developed,
and how they will be configured.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of Lesley Retail Addition,
Blocks A & B and Dividend Drive Preliminary Plat, subject to
the following condition:
1. Contact Jeff Curry at 972-888-1330 to discuss
easement requirements.
ALTERNATIVES:
1. Recommend approval of the request
2. Recommend disapproval of the request
ATTACHMENTS:
1. Preliminary Plat
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
PLANNING
October 14, 2008
20
✔
PRESENTATION
Consider approval of the Dividend Drive (Lesley Retail Addition), Final Plat, to establish a 90-foot wide right-of-way for
the extension of Dividend Drive from S. Belt Line Road to the Coppell/Dallas City Limit Line, containing 1.286 acres of
property located approximately 1,434 feet north of Hackberry Drive.
The following P&Z conditions remain outstanding:
1. Include recording information of off-site temporary access easement prior to filing.
2. Contact Jeff Curry at 972-888-1330 to discuss easement requirements.
On September 18, 2008, the Planning Commission unanimously
recommended approval of this final plat (5-0), subject to the
above-stated conditions. Commissioners Frnka, Shute, Haas,
Sangerhausen, and Kittrell voted in favor, none opposed.
Staff recommended APPROVAL.
@06 Dividend Dr (LRA), FP, 1-AR
ITEM # 9
Page 1 of 2
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
Dividend Drive (Lesley Retail Addition),
Final Plat
P&Z HEARING DATE: September 18, 2008
C.C. HEARING DATE: October 14, 2008
STAFF REP.: Matt S. Steer, City Planner
LOCATION: Approximately 1,434 feet north of Hackberry Drive
SIZE OF AREA: 1.286 acres of property
CURRENT ZONING: A (Agricultural)
REQUEST: A final plat to establish a 90-foot wide right-of-way for the
extension of Dividend Drive from South Belt Line Road to the
Coppell/Dallas city limit line.
APPLICANT: Owner: Engineer;
Hackbelt 27 Partners, L.P. Pacheco Koch
Todd Jones Jack Evans, P.E.
5605 N. MacArthur Blvd. 8350 N. Central Expressway
10th Floor Suite 1000
Irving, TX 75038 Dallas, TX 75206
Phone: (972) 819-3965 Phone: (972) 235-3031
Fax: (972) 819-3644 Fax: (972) 235-9544
HISTORY: This property is currently vacant and has never been platted.
TRANSPORTATION: South Belt Line Road is a P6D, major thoroughfare built to
standard in a l20-foot right-of-way.
ITEM # 9
Page 2 of 2
SURROUNDING LAND USE & ZONING:
North – vacant; A (Agricultural)
South – vacant; A (Agricultural)
East – vacant; City of Dallas
West – Dividend Drive; PD-221R4-HC (Planned Development-
221-Revision 4-Highway Commercial)
COMPREHENSIVE PLAN: The Coppell Comprehensive Master Plan, as amended,
shows the property as suitable for freeway office uses.
DISCUSSION: This is a straight-forward case, proposing the 90-foot wide
dedication of land for the extension of Dividend Drive from
South Belt Line Road to the east city limit line approximately
600 feet in length (1.29 acres). The road will be initially
constructed with a temporary turn around at the east end
and will eventually be extended into the City of Dallas. The
general location of a median opening is depicted on the
preliminary plat and will be finalized when the adjacent
properties are developed.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending APPROVAL of Dividend Drive (Lesley
Retail Addition) Final Plat, subject to the following conditions:
1. Retitle plat to “Dividend Drive (Lesley Retail Addition)
Final Plat”.
2. Include recording information of off-site temporary
access easement prior to filing.
3. Contact Jeff Curry at 972-888-1330 to discuss easement
requirements.
ALTERNATIVES:
1. Recommend approval of the request
2. Recommend disapproval of the request
ATTACHMENTS:
1. Final Plat
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ ȱ
City Secretary
October 14, 2008
21
✔
PROCEDURAL
Consider appointments of Youth Advisors to the Parks and Recreation Board.
These positions were re-advertised after the close of Boards and Commission applications. Parks and Recreation
recommend the appointments of Alesa Hiller and Taylor Mays.
Staff recommends appointments of Alesa Hiller and Taylor Mays.
%bdappt-1AR
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
City Manager's Office
October 14, 2008
22
✔✔
PROCEDURAL
Consider appointments to the Coppell Economic Development Foundation for a one year term.
Each year, City Council appoints five members from the Economic Development Committee to serve one-year terms
on the Foundation. The current make-up of the Coppell Economic Development Foundation includes Gary Roden,
Bill Rohloff, Dornell Reese, Bradley Snyder and one vacant seat. The Economic Development Committee met on
October 1, 2008 to discuss the Coppell Economic Development Foundation, and their recommendations for the 2008
- 2009 term are Bill Rohloff, Gary Roden, Dornell Reese, Bradley Snyder and Ken Luttmer.
Consider appointments to the Coppell Economic Development
Foundation for a one year term.
!CEDF member appointments - 1AR
AGENDA REQUEST FORM DATE: October 14, 2008
ITEM #: 23
MAYOR AND COUNCIL REPORTS
A. Report by Mayor Stover regarding State Election Candidate Forum Event.
B. Report by Mayor Stover regarding Oaktoberfest on October 18th.
C. Report by Mayor Stover regarding National Night Out
D. Report by Mayor Stover regarding Metroplex Mayors’ Meeting.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
AGENDA REQUEST FORM
DATE: October 14, 2008
ITEM #: 24
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork
AGENDA REQUEST FORM
DATE: October 14, 2008
ITEM #: 25
NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec
CERTIFICATE OF AGENDA ITEM SUBMISSION
Council Meeting Date: October 14, 2008
Department Submissions:
Item No. 7 was placed on the Agenda for the above-referenced City Council
meeting by the Police Department. I have reviewed the Agenda Request
(and any backup if applicable) and hereby submit this item to the City
Council for consideration.
____________________
Police Department
Item Nos. 11/C and 11/D were placed on the Agenda for the above-
referenced City Council meeting by the Engineering Department. I have
reviewed the Agenda Requests (and any backup if applicable) and hereby
submit these items to the City Council for consideration.
____________________
Engineering Department
Item Nos. 11/E, 11/F, 15, 16, 17, 18, 19 and 20 were placed on the
Agenda for the above-referenced City Council meeting by the Planning
Department. I have reviewed the Agenda Requests (and any backup if
applicable) and hereby submit these items to the City Council for
consideration.
____________________
Planning Department
Financial Review:
I certify that I have reviewed all the items submitted for consideration on
the Agenda for the above-referenced City Council Meeting and have inserted
any financial comments where appropriate.
____________________
Finance Department
City Manager Review:
I certify that I have reviewed the complete Agenda and Packet for the
above-referenced City Council Meeting and hereby submit the same to the
City Council for consideration.
____________________
City Manager
(or Deputy City Manager)