CP 2008-10-28
NOTICE OF CITY COUNCIL MEETING AND AGENDA
OCTOBER 28, 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 28, 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 551.072, Texas Government Code - Deliberation regarding
Real Property.
1. Sale and acquisition of real property south of Bethel Road
and west of Denton Tap.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding appointments to the Crime Control and
Prevention District.
B. Discussion regarding Coppell 2030.
C. Discussion of Agenda Items.
Adjourn Work Session.
PUBLIC ANNOUNCEMENTS
Public Service Announcements concerning local civic events and no Council
action is required or permitted.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
6. Pledge of Allegiance.
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ITEM # ITEM DESCRIPTION
7. Consider approval of a proclamation naming the month of November
Coppell ISD Education Foundation Month, and authorizing the Mayor to
sign.
8. Citizens' Appearances
CONSENT AGENDA
9. Consider approval of the following consent agenda items:
A. Consider approval of minutes: October 14, 2008.
B. Consider approval of a grant agreement between the City of
Coppell, the Coppell Education Development Corporation, and the
Coppell Independent School District in the amount of $1,131,132 for
88 ESOL teachers and 2 aides, and authorizing the City Manager to
sign.
C. Consider approval of a grant agreement between the City of
Coppell, the Coppell Education Development Corporation, and the
Coppell Independent School District in the amount of $126,000 for
library materials and authorizing the City Manager to sign.
D. Consider approval of a grant agreement between the City of
Coppell, the Coppell Education Development Corporation, and the
Coppell Independent School District in the amount of $724,614 for
12 literacy teachers, and authorizing the City Manager to sign.
E. Consider approval of a grant agreement between the City of
Coppell, the Coppell Education Development Corporation, and the
Coppell Independent School District in the amount of $1,064,326 for
18 Spanish teachers, and authorizing the City Manager to sign.
F. Consider approval of an Ordinance amending the Code of
Ordinances of the City of Coppell, Texas by amending Section 8-3-1
(A) of the Code of Ordinances; making it unlawful to park, stand or
stop a vehicle at all times at the following locations: Both sides of
Village Drive within 30 feet of its intersection with Raintree Circle;
Both sides of Village Drive within 30 feet of its intersection with
MacArthur Blvd; The west side of Raintree Circle within 30 feet of
both the north and south side of its intersection with Village Drive;
and within 15 feet of both sides of the fire hydrant near the
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ITEM # ITEM DESCRIPTION
intersection of Raintree and Village Drive; and authorizing the
Mayor to sign and execute any necessary documents.
G. Consider approval of a TCPN 5-year Roof Asset Management
Contract for City facilities with TREMCO/Weatherproofing
Technologies, Inc.; to include expenditures of $118,340.00 for 2008
as budgeted in the IMF; and authorizing the City Manager to sign
and execute any necessary documents.
H. Consider approval of an Amendment to the Agreement for
Professional Services with Halff and Associates for the Design,
Construction Documentation and Contract Administration for the
Coppell Town Center Plaza, in the amount of $46,927.55, and
authorizing the City Manager to sign.
I. Consider approval of Change Order Number 3 in the amount of
$25,750.00, to the contract with Northstar Construction, Inc., for the
construction of the Town Center Plaza; and the collection of
Liquidated Damages from Northstar for 103 days, totaling
$25,750.00, finalizing the contract, and authorizing the City Manager
to sign.
J. Consider approval of renewing the service agreement with
Motorola, Inc. for the maintenance of all city radios and the
communication network in the amount of $55,890.96; and
authorizing the City Manager to sign.
K. Consider approval of an ordinance of the City of Coppell, Texas,
amending Chapter 6, "Business Regulations," Article 6-9, "Tow Truck
Regulations," by amending Section 6-9-1, "Definitions," by repealing
the definition for Licensee and replacing the same with a definition
for permit holder; by amending the definition for towing company
and by amending the definition for vehicle storage facility; by
amending Section 6-9-2, "Registration, License" by amending
Subsections A, B, and C, to comply with state law and by repealing
Subsections D,E and F, in its entirety; by repealing Section 6-9-3,
"Registration; License Denial; Revocation", in its entirety and
reserving the same for future use; and authorizing the Mayor to sign.
END OF CONSENT
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ITEM # ITEM DESCRIPTION
10. Consider approval of an Interlocal Agreement between Dallas County
Community College District and the City of Coppell to conduct law
enforcement services; and authorizing the Mayor to sign.
11. Consider approval to award Quote# 001r to Caldwell Country Chevrolet
for the purchase of fourteen (14) 2009 Chevrolet Tahoe PPV's in the
amount of $345,548 as approved in the FY 08/09 budget; and authorizing
the City Manager to sign.
12. Consider renewal and extension of Solid Waste Collection and Recycling
Agreement with Waste Management until October 31, 2014, maintaining
twice a week waste pickup, and once per week recycling, and
authorizing the City Manager to sign.
13. Consider approval of an Ordinance repealing Ordinance No. 2008-1189 in
its entirety and amending the Code of Ordinances by amending Chapter
9, "General Regulations," by adding Article 9-27, "Crime Control and
Prevention District;" providing for the establishment of the district;
providing for appointment, meetings, term and vacancies, providing a
bond requirement; providing for the officers of the Board of Directors;
providing for voting; providing for the responsibility of the district; providing
for the fiscal year; providing a sunset provision; and authorizing the Mayor
to sign.
14. Consider approval of appointments to the Crime Control and Prevention
District.
15. Consider approval of Coppell 2030 Council Goals.
16. Mayor and Council Reports.
A. Report by Mayor Stover regarding Oaktoberfest.
B. Report by Mayor Stover regarding the Halloween Fair at the
Coppell Aquatics and Recreation Center.
C. Report by Mayor Stover regarding October 21 State Legislative
Candidate Forum.
D. Report by Councilmember Tunnell regarding National League of
Cities Community and Economic Development Steering Committee
Meeting.
17. Council Committee Reports.
A. Carrollton/Farmers Branch ISD/Lewisville ISD – Tunnell
B. Coppell ISD – Peters and Hinojosa-Flores.
C. Coppell Seniors – Brancheau and Faught.
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ITEM # ITEM DESCRIPTION
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.
18. Necessary action resulting from Work Session.
19. 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 24th day of October, 2008, at
__________________.
____________________________________
Libby Ball, City Secretary
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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 28, 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 551.072, Texas Government Code – Deliberation regarding Real
Property.
1. Sale and acquisition of real property south of Bethel Road and west of
Denton Tap.
Agenda Request Form - Revised 02/04 Document Name: %exsessn
AGENDA REQUEST FORM
DATE: October 28, 2008
ITEM #: WS-3
WORK SESSION
A. Discussion regarding appointments of the Crime Control and Prevention
District.
B. Discussion regarding Coppell 2030.
C. Discussion of Agenda Items.
Agenda Request Form - Revised 02/07 Document Name: %wksessn
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 28, 2008
7
✔
PROCLAMATION
Consider approval of a proclamation naming the month of November COPPELL ISD EDUCATION FOUNDATION
MONTH, and authorizing the Mayor to sign.
Staff recommends approval.
Staff recommends approval.
!ISD
PROCLAMATION
WHEREAS, the Coppell ISD Education Foundation believes that all parents and
community members can participate with the school district to enrich public education; and
WHEREAS, the Foundation seeks to encourage all students to work to their highest
potential by providing opportunities for unique educational experiences; and
WHEREAS, the Foundation encourages Coppell ISD teachers to implement innovative
instructional strategies by funding original programs and projects; and
WHEREAS, the Foundation believes in recognizing staff members for exemplary
teaching; and
WHEREAS, the Foundation is resolved, through the administration of its gifts, to
support education in Coppell ISD.
NOW, THEREFORE, I, Douglas N. Stover, Mayor of the city of Coppell, do commend
the directors of the Coppell Independent School District Education Foundation, and proclaim the
month of November as
"COPPELL ISD EDUCATION FOUNDATION MONTH"
and call upon all citizens to join me in recognizing the valuable work of the Education
Foundation and to work with them to support the staff and students of Coppell public schools.
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
AGENDA REQUEST FORM
DATE: October 28, 2008
ITEM #: 8
CITIZENS' APPEARANCES
ORDINANCE NO. 2001-964
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ESTABLISHING RULES, TIMES AND
PROCEDURES FOR CONDUCTING CITY COUNCIL MEETINGS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THE
FOLLOWING ARE HEREBY ADOPTED AS THE RULES, TIMES AND PROCEDURES FOR
CONDUCTING COUNCIL MEETINGS OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
The City of Coppell Code of Ordinances, Article 1-10 "Rules, Times and Procedures for Conducting
City Council Meetings," be, and the same is hereby, amended to read as follows:
"ARTICLE 1-10
RULES, TIMES AND PROCEDURES FOR CONDUCTING
CITY COUNCIL MEETINGS
". . .
1-10-6.2.1 CITIZENS APPEARANCE
Persons wishing to speak on any matter other than an item scheduled for a public hearing on the agenda, must
sign a register and list their residence address, provided by the City Secretary on a table outside the Council
Chambers, and such persons may be heard only at the "Citizens Appearance" portion of a regular meeting or
special meeting. Each speaker must state his or her name and address of residence. Presentations by individuals
during the "Citizens Appearance" shall be limited to two (2) minutes each. An individual speaker's time may be
extended for an additional two (2) minutes with the approval of a majority of the Council members present.
There shall be a cumulative limit of twenty (20) minutes allotted of any regular or special Council meeting.
Those persons who signed up to speak at the "Citizens Appearance" shall be called upon in the order that they
have signed the provided register. No personal attacks by any speaker shall be made against any member of the
Council, Mayor, individual, group or corporation (Charter Article 3, Section 3.12).
Agenda Request Form - Revised 09/02 Document Name: %citapp.doc
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Secretary
October 28, 2008
9/A
✔
PROCEDURAL
Consider approval of minutes: October 14, 2008
Minutes of the City Council meetings held on October 14, 2008.
Staff recommends approval.
%minutes
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MINUTES OF OCTOBER 14, 2008
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, October 14, 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
Jayne Peters, Councilmember (late arrival)
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 551.087, Texas Government Code –
Economic Development Negotiations.
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1. ED Prospects East and West of Beltline/Denton
Tap and south of Bethel Road.
Councilmembers Peters and Hinojosa-Flores arrived before
convening into Executive Session.
Mayor Stover convened into Executive Session at 5:45 p.m. as
allowed under the above-stated article. Mayor Stover adjourned
the Executive Session at 5:58 p.m. and opened the Work Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding Solid Waste Services and Waste
Management.
B. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Mayor Pro Tem Franklin led those present in the Invocation.
6. Pledge of Allegiance.
Mayor Stover led those present in the 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.
Mayor Stover read the Proclamation for the record and presented
the same to Sgt. Tony Pletcher and Lt. Steve Thomas.
Action:
Councilmember Hinojosa-Flores moved to approve a Proclamation
naming the week of October 23 through October 31, 2008 as Red
Ribbon Week, and authorizing the Mayor to sign. Councilmember
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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.
8. Consider approval of a proclamation proclaiming the
month of October as Breast Cancer Awareness Month, and
authorizing the Mayor to sign.
Mayor Stover read the Proclamation for the record and presented
the same to Terrie Aune, Jackie Brainard and Valerie Brunson
from Pink Soles in Motion.
Action:
Councilmember Peters moved to approve a proclamation
proclaiming the month of October as Breast Cancer Awareness
Month, and authorizing the Mayor to sign. Councilmember
Tunnell 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.
9. Presentation by City Staff regarding Coppell
Environmental Management System.
Amanda Vanhoozier, Community Programs Supervisor, made a
presentation to Council.
10. Citizens' Appearances.
1) Pat Kernan, 724 Robin, spoke regarding the bond sale.
CONSENT AGENDA
11. Consider approval of the following consent agenda items:
A. Consider approval of minutes: September 23, 2008
October 2, 2008.
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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
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.
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Action:
Councilmember Tunnell moved to approve Consent Agenda Items
A, B, C, D, E carrying Ordninance No. 91500-A-507 and F carrying
Ordinance No. 91500-A-508. 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.
At this time, Mayor Pro Tem Franklin left the meeting.
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.
Presentation:
Jennifer Miller, Director of Finance, made a presentation to the
Council and introduced Boyd London from First Southwest.
Mr. Boyd London made a presentation to Council.
Action:
Councilmember Faught moved to approve:
Item 12
Ordinance No. 2008-1210 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;
And,
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Item 13
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.
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.
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.
This item was considered under Item 12. See Item 12 for minutes.
At this time, Mayor Pro Tem Franklin returned to the meeting.
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.
Presentation:
Jim Witt, City Manager, made a presentation to the Council.
Action:
Councilmember Brancheau moved to approve Resolution No.
2008-1014.1 to deny the proposed increase in rates and charges
requested by Oncor Electric Delivery Company LLC, providing that
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the rates and charges of the said company be denied, providing for
notice hereof to said company and authorizing 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.
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.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
David Simmons, 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. 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 subject to 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.
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Councilmember Faught 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.
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.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one
had signed up to speak on this proposal.
Action:
Mayor Pro Tem Franklin moved to close the Public Hearing and
approve 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
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 retrofitting of irrigation of
proposed left turn needs to be coordinated with Parks
Operation Manager.
Cm101408
Page 9 of 14
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.
Councilmember Brancheau 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.
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.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Action:
Councilmember Peters moved to approve 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 subject to the following conditions:
1) Contact Larry Redick (972-323-8917) regarding electric
service requirements.
2) The City of Coppell will have no responsibility for
maintenance for the floodway or floodplain areas as shown.
The maintenance for these areas shall be the sole
responsibility of the individual lot owners adjacent to said
areas. These areas to remain free of improvements that may
obstruct the flow of storm water and protected from potential
erosion by the owners. No fences will be allowed in the
Cm101408
Page 10 of 14
floodplain along with any other structures as per the City's
floodplain ordinance.
Councilmember Hunt seconded the motion; the motion carried 6-1
with Mayor Pro Tem Franklin and Councilmembers Brancheau,
Peters, Hinojosa-Flores, Faught, and Hunt voting in favor of the
motion and Councilmember Tunnell voting against the motion.
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.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one
had signed up to speak on this proposal.
Action:
Mayor Pro Tem Franklin moved to approve 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 subject to the following conditions:
Cm101408
Page 11 of 14
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.
Councilmember Brancheau 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.
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.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Action:
Councilmember Faught moved to approve 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 subject to the following conditions:
1) Contact Jeff Curry at 972-888-1330 to discuss easement
requirements.
Councilmember Brancheau 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.
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
Cm101408
Page 12 of 14
1.286 acres of property located approximately 1,434 feet
north of Hackberry Drive.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the
Council.
Action:
Councilmember Faught moved to approve 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 subject to the following conditions:
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.
Councilmember Brancheau 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.
21. Consider appointments of Youth Advisors to the Parks
and Recreation Board.
Action:
Councilmember Hunt moved to approve Alesha Hiller and Taylor
Mays as Youth Advisors to the Parks and Recreation Board.
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.
22. Consider appointments to the Coppell Economic
Development Foundation for a one year term.
Cm101408
Page 13 of 14
Presentation:
Jim Witt, City Manager, made a presentation to the Council.
Action:
Councilmember Brancheau moved to approve Bill Rohloff, Gary
Roden, Dornell Reese Jr., Bradley Snyder and Ken Luttmer to the
Coppell Economic Development Foundation for a one year term.
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.
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.
A. Mayor Stover announced a State Election Candidate Forum
sponsored by the Coppell Education Foundation and the
PTO to be held on October 21 at 7 p.m. at the High School.
It will be education focused, but open to any issues citizens
may have. He invites the community to attend.
B. Mayor Stover reminded everyone to attend the 3rd Annual
Oaktoberfest on October 18 at Andy Brown East. Emerald
City is the headlining band and will be performing from 7-10
p.m.
C. Mayor Stover and Jim Witt attended the Metroplex Mayor’s
Meeting. The guest speaker, Mark Dartsour, Chief
Economist and Director of Research at Texas A&M
University, spoke about the current economic issues.
D. Mayor Stover thanked everyone who participated in National
Night Out. The evening was successful with 46 block parties.
Cm101408
Page 14 of 14
24. Necessary action resulting from Work Session.
There was no action necessary under this item.
25. Necessary action resulting from Executive Session.
There was no action necessary under this item.
There being no further business to come before the City Council, the
meeting was adjourned.
____________________________________
Douglas N. Stover, Mayor
ATTEST:
____________________________________
Libby Ball, City Secretary
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 28, 2008
9/B
✔
CONTRACT/BID or PROPOSAL
Consider approval of a grant agreement between the City of Coppell, the Coppell Education Development
Corporation, and the Coppell Independent School District in the amount of $1,131,132 for 88 ESOL teachers and 2
aides, and authorizing the City Manager to sign.
Funds are available from the CEDC Fund Balance for this grant.
!ESOL
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 1
STATE OF TEXAS § COPPELL EDUCATION DEVELOPMENT CORPORATION
§
COUNTY OF DALLAS § GRANT AGREEMENT
This Educational Development Grant Agreement (“AGREEMENT”) is made by and
between the City of Coppell, Texas (“CITY”), Coppell Education Development Corporation
(“CEDC”) and the Coppell Independent School District (the “CISD”), acting by and through
their respective authorized officers.
W I T N E S S E T H :
WHEREAS, the CITY is authorized by TEX. LOC. GOV’T CODE § 379A to provide
educational development grants to publicly funded institutions through the CEDC for the
promotion of literacy, foreign language and career technology for a skilled workforce; and
WHEREAS, the CITY seeks to support programs for promoting literacy, foreign
language and career technology for a skilled workforce; and
WHEREAS, the CISD has submitted a grant application No. 2009-L01 to provide
funding for hiring eighty-eight (88) certified teachers and two (2) instructional aides for ESOL
students (the PROJECT), which is designed to develop proficiency in the English language for
those students who enter the district as either non-English speaking or limited English speaking;
and
WHEREAS, the PROJECT will provide daily instruction for approximately 611 pre-
Kindergarten through twelfth grade students from more than 50 countries; and
WHEREAS, CISD is in need of funding the salaries for eighty-eight (88) certified
teachers and two (2) instructional aides, and seeks the assistance of the CEDC for such
assistance; and
WHEREAS, the CITY has determined that making an education development grant to
the CISD in accordance with this AGREEMENT will further the objectives of the CITY, will
benefit the CITY and the CITY’s inhabitants and will promote literacy in the CITY.
NOW THEREFORE, in consideration of the foregoing, and other valuable
consideration the receipt and sufficiency of which are hereby acknowledged on the terms and
conditions hereinafter set forth, the parties agree as follows:
GENERAL PROVISIONS
1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to
provide the CISD an education development grant (the “GRANT”) in the amount of One
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 2
Million One Hundred Thirty-one Thousand One Hundred Thirty-two Dollars and no cents
($1,131,132.00).
2. CISD agrees to utilize the GRANT to fund the salaries for eighty-eight (88) certified
teachers and two (2) instructional aides for approximately 611 pre-Kindergarten through twelfth
grade students.
3. CITY agrees to provide the GRANT of One Million One Hundred Thirty-one Thousand
One Hundred Thirty-two Dollars and no cents ($1,131,132.00) funds payable on a quarterly basis
with the first payment to be made in November 2008.
4. No later than May 31, 2009 the CISD shall submit a detailed list of expenditures for this
GRANT to the CEDC. The detailed expenditures shall include, but not limited to, all personnel
costs, the number of students served, grade levels actually served, and any changes in personnel
during the period covered by this GRANT.
5. In the event the CISD breaches any of the terms of this AGREEMENT or fails to use
the GRANT for the purposes set forth herein, then the CISD, after expiration of the notice and
cure period described herein, shall be in default of this AGREEMENT. As liquidated damages
in the event of such default, the CISD shall, within thirty (30) days after demand, repay to the
CITY, the GRANT with interest at the rate of eight percent (8%) per annum from the date of
receipt of the GRANT until paid. The parties acknowledge that actual damages in the event of
default would be speculative and difficult to determine. Upon breach by CISD of any
obligations under this AGREEMENT, the CITY shall notify the CISD in writing, who shall
have thirty (30) days from receipt of the notice in which to cure such default. If CISD fails to
cure the default within the time provided herein, or, as such time period may be extended, then
the CITY at its sole option, shall have the right to terminate this AGREEMENT without further
notice to the CISD.
6. The terms and conditions of this AGREEMENT are binding upon the successors and
assigns of all parties hereto. This AGREEMENT may not be assigned without the express
written consent of CITY and CEDC.
7. It is understood and agreed between the parties that CISD, in the use of the GRANT and
in satisfying the conditions of this AGREEMENT, is acting independently, and that the CITY
and/or the CEDC assumes no responsibilities or liabilities to third parties in connection with
these actions. CISD agrees to indemnify and hold harmless the CITY and the CEDC from all
such claims, suits, and causes of action, liabilities and expenses, including reasonable attorney’s
fees, of any nature whatsoever arising out of the CISD’s performance of the conditions under
this AGREEMENT.
8. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage pre-paid, certified mail, return receipt requested,
addressed to the party at the address set forth opposite the signature of the party.
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 3
9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for
any action concerning this AGREEMENT shall be in the State District Court of Dallas County,
Texas.
10. In the event any one or more of the provisions contained in this AGREEMENT shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not effect the other provisions, and the AGREEMENT shall
be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
EXECUTED this _______ day of _____________________, 2008
CITY OF COPPELL, TEXAS
By: ______________________________________
JIM WITT, CITY MANAGER
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
EXECUTED this _______ day of _____________________, 2008.
COPPELL EDUCATION DEVELOPMENT CORPORATION
By: ______________________________________
ANTONIO ALTEMUS, PRESIDENT
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 4
SIGNED this ______ day of ________________, 2008.
COPPELL INDEPENDENT SCHOOL DISTRICT
By: ______________________________________
DR. JEFF TURNER, SUPERINTENDENT
Coppell Independent School District
200 S. Denton Road
Coppell, Texas 75019
ATTEST:
By: ______________________________________
CITY’S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of _______________,
2008, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of
said municipality.
___________________________________
Notary Public, State of Texas
My Commission Expires:
_________________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 5
COPPELL EDUCATION DEVELOPMENT CORPORATION
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2008, by Antonio Altemus, President of the Coppell Education Development Corporation, on
behalf of said Corporation.
Notary Public, State of Texas
My Commission expires:
COPPELL INDEPENDENT SCHOOL DISTRICT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2008, by Dr. Jeff Turner, Superintendent of Coppell Independent School District, on behalf of
said District.
____________________________________
Notary Public, State of Texas
My Commission expires:
_______________________
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
City Manager
October 28, 2008
9/C
✔
CONTRACT/BID or PROPOSAL
Consider approval of a grant agreement between the City of Coppell, the Coppell Education Development
Corporation, and the Coppell Independent School District in the amount of $126,000 for library materials and
authorizing the City Manager to sign.
Funds are available from the CEDC Fund Balance for this grant.
!Library
STATE OF TEXAS § COPPELL EDUCATION DEVELOPMENT CORPORATION
§
COUNTY OF DALLAS § GRANT AGREEMENT
This Educational Development Grant Agreement (“Agreement”) is made by and between
the city of Coppell, Texas (“CITY”), Coppell Education Development Corporation (“CEDC”)
and the Coppell Independent School District (the “CISD”), acting by and through their
respective authorized officers.
W I T N E S S E T H :
WHEREAS, the CITY is authorized by TEX. LOC. GOV’T CODE § 379A to provide
educational development grants to publicly funded institutions through the CEDC for the
promotion of literacy, foreign language and career technology for a skilled workforce; and
WHEREAS, the CITY seeks to support programs for promoting literacy, foreign
language and career technology for a skilled workforce; and
WHEREAS, the CISD has submitted a grant application No. 2009-L03 to provide
funding for quality library print collections, audio visual materials, and online periodical
databases (the PROJECT), to serve students residing in Coppell at twelve (12) campuses in the
CISD; and
WHEREAS, the CISD has developed the PROJECT using the Crew Method of
expanded guidelines for collection evaluation and weeding, and increased collaboration among
students, teachers, and librarians; and
WHEREAS, the PROJECT will allow CISD libraries to impact the literacy level of
every student by providing additional and meaningfully selected print resources, audio visual
materials, and online periodical databases; and
WHEREAS, CISD is in need of funding quality library print collections, audio visual
materials, and online periodical databases and seeks the assistance of the CEDC for such
assistance; and
WHEREAS, the CITY has determined that making an education development grant to
the CISD in accordance with this Agreement will further the objectives of the CITY, will benefit
the CITY and CITY’S inhabitants and will promote literacy in the CITY.
NOW THEREFORE, in consideration of the foregoing, and other valuable
consideration the receipt and sufficiency of which are hereby acknowledged on the terms and
conditions hereinafter set forth, the parties agree as follows:
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 1
GENERAL PROVISIONS
1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to
provide the CISD an education development grant (the “GRANT”) in an amount of One
Hundred Twenty-six Thousand Dollars and no cents ($126,000.00).
2. CISD agrees to utilize the GRANT to fund quality library print collections, audio visual
materials, and online periodical databases to serve students residing in Coppell at twelve (12)
campuses in the CISD.
3. CITY agrees to provide the GRANT of One Hundred Twenty-six Thousand Dollars and
no cents ($126,000.00) subject to availability of funds payable on a quarterly basis with the first
payment to be made on or before November 2008. Funds to be expended in accordance with the
budget categories set forth in the GRANT application.
4. No later than May 31, 2009 the CISD shall submit a detailed list of expenditures for this
GRANT to the CEDC. The detailed list of expenditures shall include all purchase orders and
other financial documents, which address the GRANT expenditures by category as approved by
the CEDC, and reflected in Item 3 of this AGREEMENT. CISD shall also provide
documentation related to the number of students served, grade level served, as well as any other
information that reflects the success of the Library Print Collection Program.
5. In the event the CISD breaches any of the terms of this AGREEMENT or fails to use
the GRANT for the purposes set forth herein, then the CISD, after expiration of the notice and
cure period described herein, shall be in default of this AGREEMENT. As liquidated damages
in the event of such default, the CISD shall, within thirty (30) days after demand, repay to the
CITY, the GRANT with interest at the rate of eight percent (8%) per annum from the date of
receipt of the GRANT until paid. The parties acknowledge that actual damages in the event of
default would be speculative and difficult to determine. Upon breach by CISD of any
obligations under this AGREEMENT, the CITY shall notify the CISD in writing, who shall
have thirty (30) days from receipt of the notice in which to cure such default. If CISD fails to
cure the default within the time provided herein, or, as such time period may be extended, then
the CITY at its sole option, shall have the right to terminate this AGREEMENT without further
notice to the CISD.
6. The terms and conditions of this AGREEMENT are binding upon the successors and
assigns of all parties hereto. This AGREEMENT may not be assigned without the express
written consent of CITY and CEDC.
7. It is understood and agreed between the parties that CISD, in the use of the GRANT and
in satisfying the conditions of this AGREEMENT, is acting independently, and that the CITY
and/or the CEDC assumes no responsibilities or liabilities to third parties in connection with
these actions. CISD agrees to indemnify and hold harmless the CITY and the CEDC from all
such claims, suits, and causes of action, liabilities and expenses, including reasonable attorney’s
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 2
fees, of any nature whatsoever arising out of the CISD’S performance of the conditions under
this AGREEMENT.
8. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage pre-paid, certified mail, return receipt requested,
addressed to the party at the address set forth opposite the signature of the party.
9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for
any action concerning this AGREEMENT shall be in the State District Court of Dallas County,
Texas.
10. In the event any one or more of the provisions contained in this AGREEMENT shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not effect the other provisions, and the AGREEMENT shall
be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
EXECUTED this _______ day of _____________________, 2008.
CITY OF COPPELL, TEXAS
By: ______________________________________
JIM WITT, CITY MANAGER
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
EXECUTED this _______ day of _____________________, 2008.
COPPELL EDUCATION DEVELOPMENT CORPORATION
By: ______________________________________
Antonio Altemus, PRESIDENT
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 3
ATTEST:
By: ______________________________________
SIGNED this ______ day of ________________, 2008.
COPPELL INDEPENDENT SCHOOL DISTRICT
By: ______________________________________
DR. JEFF TURNER, SUPERINTENDENT
Coppell Independent School District
200 S. Denton Road
Coppell, Texas 75019
ATTEST:
By: ______________________________________
CITY’S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of _______________,
2008, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of
said municipality.
___________________________________
Notary Public, State of Texas
My Commission Expires:
_________________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 4
COPPELL EDUCATION DEVELOPMENT CORPORATION
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2008, by Antonio Altemus, President of Coppell Education Development Corporation, on behalf
of said corporation.
Notary Public, State of Texas
My Commission expires:
COPPELL INDEPENDENT SCHOOL DISTRICT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2008, by Dr. Jeff Turner, Superintendent of Coppell Independent School District, on behalf of
said district.
Notary Public, State of Texas
My Commission expires:
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 5
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
City Manager
October 28, 2008
9/D
✔
CONTRACT/BID or PROPOSAL
Consider approval of a grant agreement between the City of Coppell, the Coppell Education Development
Corporation, and the Coppell Independent School District in the amount of $724,614 for 12 literacy teachers, and
authorizing the City Manager to sign.
Funds are available from the CEDC fund balance for this grant.
!Literacy
STATE OF TEXAS § COPPELL EDUCATION DEVELOPMENT CORPORATION
§
COUNTY OF DALLAS § GRANT AGREEMENT
This Educational Development Grant Agreement (“AGREEMENT”) is made by and
between the City of Coppell, Texas (“CITY”), Coppell Education Development Corporation
(“CEDC”) and the Coppell Independent School District (the “CISD”), acting by and through
their respective authorized officers.
W I T N E S S E T H :
WHEREAS, the CITY is authorized by TEX. LOC. GOV’T CODE § 379A to provide
educational development grants to publicly funded institutions through the CEDC for the
promotion of literacy, foreign language and career technology for a skilled workforce; and
WHEREAS, the CITY seeks to support programs for promoting literacy, foreign
language and career technology for a skilled workforce; and
WHEREAS, the CISD has submitted a grant application No. 2009-L02 to provide
funding for twelve (12) Literacy Intervention Support Teachers for students in grades K through
12 (the PROJECT); and
WHEREAS, the CISD has developed the PROJECT to provide intensive, focused
literacy instruction to identified students on a daily basis; and
WHEREAS, the PROJECT will provide additional classroom support in a small group
setting that is taught by literacy specialists to help students maximize their potential, accelerate
literacy skills and improve self-esteem and achievement; and
WHEREAS, CISD is in need of funding the salaries of twelve (12) Literacy Intervention
Support Teachers for students in grades K through 12, and seeks the assistance of the CEDC for
such assistance; and
WHEREAS, the CITY has determined that making an education development grant to
the CISD in accordance with this AGREEMENT will further the objectives of the CITY, will
benefit the CITY and the CITY’s inhabitants, and will promote literacy in the CITY.
NOW THEREFORE, in consideration of the foregoing, and other valuable
consideration the receipt and sufficiency of which are hereby acknowledged on the terms and
conditions hereinafter set forth, the parties agree as follows:
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 1
GENERAL PROVISIONS
1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to
provide the CISD an education development grant (the “GRANT”) in an amount not to exceed
Seven Hundred Twenty-four Thousand Six Hundred Fourteen Dollars and No Cents
($724,614.00).
2. CISD agrees to utilize the GRANT to fund twelve (12) Literacy Intervention Support
Teachers for students in grades K through 12.
3. CITY agrees to provide the GRANT of Seven Hundred Twenty-four Thousand Six
Hundred Fourteen Dollars and No Cents ($724,614.00) funds payable on a quarterly basis with
the first payment to be made in November 2008. Funds to be expended in accordance with the
budget categories set forth in the GRANT application.
4. No later than May 31, 2009 the CISD shall submit a detail list of expenditures for this
GRANT to the CEDC. The detailed list of expenditures shall include all personnel costs,
invoices, and other financial documents which address the GRANT expenditures by category as
approved by the CEDC, and reflected in Item 3 of this AGREEMENT. CISD shall also
provide documentation related to the number of students served, grade level served, and any
changes in personnel during the period covered by this grant, as well as any other information
that reflects the success of the Literacy Intervention Support Program.
5. In the event the CISD breaches any of the terms of this AGREEMENT or fails to use
the GRANT for the purposes set forth herein, then the CISD, after expiration of the notice and
cure period described herein, shall be in default of this AGREEMENT. As liquidated damages
in the event of such default, the CISD shall, within thirty (30) days after demand, repay to the
CITY, the GRANT with interest at the rate of eight percent (8%) per annum from the date of
receipt of the GRANT until paid. The parties acknowledge that actual damages in the event of
default would be speculative and difficult to determine. Upon breach by CISD of any
obligations under this AGREEMENT, the CITY shall notify the CISD in writing, who shall
have thirty (30) days from receipt of the notice in which to cure such default. If CISD fails to
cure the default within the time provided herein, or, as such time period may be extended, then
the CITY at its sole option, shall have the right to terminate this AGREEMENT without further
notice to the CISD.
6. The terms and conditions of this AGREEMENT are binding upon the successors and
assigns of all parties hereto. This AGREEMENT may not be assigned without the express
written consent of CITY and CEDC.
7. It is understood and agreed between the parties that CISD, in the use of the GRANT and
in satisfying the conditions of this AGREEMENT, is acting independently, and that the CITY
and/or the CEDC assumes no responsibilities or liabilities to third parties in connection with
these actions. CISD agrees to indemnify and hold harmless the CITY and the CEDC from all
such claims, suits, and causes of action, liabilities and expenses, including reasonable attorney’s
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 2
fees, of any nature whatsoever arising out of the CISD’S performance of the conditions under
this AGREEMENT.
8. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage pre-paid, certified mail, return receipt requested,
addressed to the party at the address set forth opposite the signature of the party.
9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for
any action concerning this AGREEMENT shall be in the State District Court of Dallas County,
Texas.
10. In the event any one or more of the provisions contained in this AGREEMENT shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not effect the other provisions, and the AGREEMENT shall
be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
EXECUTED this _______ day of _____________________, 2008.
CITY OF COPPELL, TEXAS
By: ______________________________________
JIM WITT, CITY MANAGER
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
EXECUTED this _______ day of _____________________, 2008.
COPPELL EDUCATION DEVELOPMENT CORPORATION
By: ______________________________________
Antonio Altemus, President
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 3
ATTEST:
By: ______________________________________
SIGNED this ______ day of ________________, 2008.
COPPELL INDEPENDENT SCHOOL DISTRICT
By: ______________________________________
DR. JEFF TURNER
SUPERINTENDENT
Coppell Independent School District
200 S. Denton Road
Coppell, Texas 75019
ATTEST:
By: ______________________________________
CITY’S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of _______________,
2008, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of
said municipality.
___________________________________
Notary Public, State of Texas
My Commission Expires:
_________________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 4
COPPELL EDUCATION DEVELOPMENT CORPORATION
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2008, by Antonio Altemus, President, Coppell Education Development Corporation, on behalf of
said corporation.
Notary Public, State of Texas
My Commission expires:
_______________________
COPPELL INDEPENDENT SCHOOL DISTRICT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2008, by Dr. Jeff Turner, Superintendent of Coppell Independent School District, on behalf of
said District.
Notary Public, State of Texas
My Commission expires:
______________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 5
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
City Manager
October 28, 2008
9/E
✔
CONTRACT/BID or PROPOSAL
Consider approval of a grant agreement between the City of Coppell, the Coppell Education Development
Corporation, and the Coppell Independent School District in the amount of $1,064,326 for 18 Spanish teachers, and
authorizing the City Manager to sign.
Funds are available from the CEDC Fund Balance for this grant.
!Spanish
STATE OF TEXAS § COPPELL EDUCATION DEVELOPMENT CORPORATION
§
COUNTY OF DALLAS § GRANT AGREEMENT
This Educational Development Grant Agreement (“AGREEMENT”) is made by and
between the City of Coppell, Texas (“CITY”), Coppell Education Development Corporation
(“CEDC”) and the Coppell Independent School District (the “CISD”), acting by and through
their respective authorized officers.
W I T N E S S E T H :
WHEREAS, the CITY is authorized by TEX. LOC. GOV’T CODE § 379A to provide
educational development grants to publicly funded institutions through the CEDC for the
promotion of literacy, foreign language and career technology for a skilled workforce; and
WHEREAS, the CITY seeks to support programs for promoting literacy, foreign
language and career technology for a skilled workforce; and
WHEREAS, the CISD has submitted a grant application No. 2009-S01 to provide
funding for hiring thirteen (13) Spanish teachers for grades 9 through 12 at Coppell High School,
two (2) Spanish teachers at New Tech High, and one (1) Spanish teacher each at the three middle
schools (the PROJECT), to provide daily instruction in order to satisfy a state graduation
requirement; and
WHEREAS, the CISD has developed the PROJECT using certified Spanish teachers
who specialize in such field; and
WHEREAS, CISD is in need of funding the salaries and benefits for thirteen (13)
Spanish teachers for grades 9 through 12 at Coppell High School, two (2) Spanish teachers at
New Tech High and one (1) Spanish teacher each at the three middle schools, and seeks the
assistance of the CEDC for such assistance; and
WHEREAS, the CITY has determined that making an education development grant to
the CISD in accordance with this AGREEMENT will further the objectives of the CITY, will
benefit the CITY and the CITY’s inhabitants and will promote foreign language in the CITY.
NOW THEREFORE, in consideration of the foregoing, and other valuable
consideration the receipt and sufficiency of which are hereby acknowledged on the terms and
conditions hereinafter set forth, the parties agree as follows:
GENERAL PROVISIONS
1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to
provide the CISD an education development grant (the “GRANT”) in an amount not to exceed
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 1
One Million Forty-six Thousand Three Hundred Twenty-six Dollars and No Cents
($1,046,326.00).
2. CISD agrees to utilize the GRANT to fund salaries and benefits for thirteen (13) Spanish
teachers at Coppell High School, two (2) Spanish teachers at New Tech High, and one (1)
Spanish teacher each at the three middle schools.
3. CITY agrees to provide the GRANT of One Million Forty-six Thousand Three Hundred
Twenty-six Dollars and No Cents ($1,046,326.00), funds payable on a quarterly basis with the
first payment to be made in November 2008. Funds to be expended in accordance with the
budget categories set forth in the GRANT application.
4. No later than May 31, 2009 the CISD shall submit personnel costs for this GRANT to
the CEDC. The detailed expenditures shall include, but not limited to, salaries, number of
students served, grade levels actually served, copies of contracts, and any changes in personnel
during the period covered by this GRANT.
5. In the event the CISD breaches any of the terms of this AGREEMENT or fails to use
the GRANT for the purposes set forth herein, then the CISD, after expiration of the notice and
cure period described herein, shall be in default of this AGREEMENT. As liquidated damages
in the event of such default, the CISD shall, within thirty (30) days after demand, repay to the
CITY, the GRANT with interest at the rate of eight percent (8%) per annum from the date of
receipt of the GRANT until paid. The parties acknowledge that actual damages in the event of
default would be speculative and difficult to determine. Upon breach by CISD of any
obligations under this AGREEMENT, the CITY shall notify the CISD in writing, who shall
have thirty (30) days from receipt of the notice in which to cure such default. If CISD fails to
cure the default within the time provided herein, or, as such time period may be extended, then
the CITY at its sole option, shall have the right to terminate this AGREEMENT without further
notice to the CISD.
6. The terms and conditions of this AGREEMENT are binding upon the successors and
assigns of all parties hereto. This AGREEMENT may not be assigned without the express
written consent of CITY and CEDC.
7. It is understood and agreed between the parties that CISD, in the use of the GRANT and
in satisfying the conditions of this AGREEMENT, is acting independently, and that the CITY
and/or the CEDC assumes no responsibilities or liabilities to third parties in connection with
these actions. CISD agrees to indemnify and hold harmless the CITY and the CEDC from all
such claims, suits, and causes of action, liabilities and expenses, including reasonable attorney’s
fees, of any nature whatsoever arising out of the CISD’S performance of the conditions under
this AGREEMENT.
8. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage pre-paid, certified mail, return receipt requested,
addressed to the party at the address set forth opposite the signature of the party.
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 2
9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for
any action concerning this AGREEMENT shall be in the State District Court of Dallas County,
Texas.
10. In the event any one or more of the provisions contained in this AGREEMENT shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not effect the other provisions, and the AGREEMENT shall
be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
EXECUTED this _______ day of _____________________, 2008.
CITY OF COPPELL, TEXAS
By: ______________________________________
JIM WITT, CITY MANAGER
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
EXECUTED this _______ day of _____________________, 2008.
COPPELL EDUCATION DEVELOPMENT CORPORATION
By: ______________________________________
Antonio Altemus, President
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
ATTEST:
By: ______________________________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 3
EXECUTED this ______ day of ________________, 2008.
COPPELL INDEPENDENT SCHOOL DISTRICT
By: ______________________________________
DR. JEFF TURNER, SUPERINTENDENT
Coppell Independent School District
200 S. Denton Road
Coppell, Texas 75019
ATTEST:
By: ______________________________________
CITY’S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _____ day of _______________,
2008, by Jim Witt, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf of
said municipality.
___________________________________
Notary Public, State of Texas
My Commission Expires:
_________________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 4
COPPELL EDUCATION DEVELOPMENT CORPORATION
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2008, by Antonio Altemus, President, Coppell Education Development Corporation, on behalf of
said Corporation.
Notary Public, State of Texas
My Commission expires:
________________________
COPPELL INDEPENDENT SCHOOL DISTRICT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the _______ day of ___________,
2008, by Dr. Jeff Turner, Superintendent of Coppell Independent School District, on behalf of
said District.
Notary Public, State of Texas
My Commission expires:
________________________
_______________________________________________
COPPELL EDUCATION DEVELOPMENT GRANT
Page 5
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
Engineering
October 28, 2008
9/F
✔
ORDINANCE
Consider approval of an Ordinance amending the Code of Ordinances of the City of Coppell, Texas by amending
Section 8-3-1 (A) of the Code of Ordinances; making it unlawful to park, stand or stop a vehicle at all times at the
following locations: Both sides of Village Drive within 30 feet of its intersection with Raintree Circle; Both sides of Village
Drive within 30 feet of its intersection with MacArthur Blvd; The west side of Raintree Circle within 30 feet of both the
north and south side of its intersection with Village Drive; and within 15 feet of both sides of the fire hydrant near the
intersection of Raintree and Village Drive; and authorizing the Mayor to sign and execute any necessary documents.
Approval of this ordinance will prevent the slowing of emergency response vehicles from reaching their destinations in
this subdivision because of vehicles parked too close to the intersection of Village Drive and Raintree Circle.
Staff recommends approval of an ordinance to prohibit parking on
Raintree Circle.
#Raintree Circle No Parking
MEMORANDUM
To: City Council & Mayor
Via: Ken Griffin, P.E. Director of Engineering and Public Works
From: DiWanna Baskins, Graduate Engineer
Date: October 28, 2008
REF: Consider approval of an Ordinance amending the Code of Ordinances of the
City of Coppell, Texas by amending Section 8-3-1 (A) of the Code of
Ordinances; making it unlawful to park, stand or stop a vehicle at all times
at the following locations: Both sides of Village Drive within 30 feet of its
intersection with Raintree Circle; Both sides of Village Drive within 30 feet of
its intersection with MacArthur Blvd; The west side of Raintree Circle
within 30 feet of both the north and south side of its intersection with Village
Drive; and within 15 feet of both sides of the fire hydrant near the
intersection of Raintree and Village Drive; and authorizing the Mayor to sign
and execute any necessary documents.
This council item stems from a report that emergency response vehicles were rerouted
when responding to an emergency call in the Raintree Village subdivision. The locations
in question are the approaches and intersections of Raintree Circle and Village Drive, and
Village Drive and MacArthur Blvd. The City Manager was alerted and thus contacted
the Fire Department and Engineering for the best solution to the circumstance. The Fire
Marshal has requested our assistance to prevent a recurrence of this situation.
Letters to the residents of this area were sent on June 11, 2008 reminding them that these
areas, although not signed as such, are considered by state law to be “no parking” areas.
The text from the municipal code that covers parking and safety zones was included with
the letter to the affected residents. A sample of the letter is included with this item.
Although these rules are state law, we are proposing to re-emphasize the Texas
Transportation Codes with the approval of this ordinance to restrict parking, standing, or
stopping within 15 ft. on both sides of the fire hydrant located on Raintree Circle, within
the Raintree Circle and Village Drive intersection and within 30 feet of the intersections.
This can be accomplished with signage and curb and/or pavement markings.
Vehicles parked in the intersection and within the boundaries of the fire hydrant and stop
signs are prohibited according to the Texas Transportation Code. Texas Transportation
Code 545.302a.(3) states that an operator may not stop, stand, or park a vehicle in an
intersection. Texas Transportation Code 545.302b.(2) states that an operator may not
stand or park an occupied or unoccupied vehicle within 15 feet of a fire hydrant.
Transportation Code 545.302b.(4) states that an operator may not stand or park an
occupied or unoccupied vehicle within 30 ft. of the approach to a stop sign. The entire
text of these codes is included with this item.
We propose to restrict the parking, standing, or stopping on the westerly, north and south
approaches to the intersection of Raintree Circle and Village Drive due to the turning
radii of the fire engine trucks. The minimum required turning for the City of Coppell Fire
Engines is a 30 foot “inside” radius and a 54 foot “outside” radius. Approval of this
ordinance will prevent increases in emergency response times due to stopped, standing,
or parked vehicles in areas that conflict with the maneuvering radii of emergency
response vehicles.
Staff recommends approval of the ordinance and will be available to answer questions at
the Council meeting.
Excerpts from the Texas Transportation Code
(Current through the 80th Legislature)
§ 541.303. INTERSECTION.
(a) In this subtitle, "intersection" means the common area at the junction of two
highways, other than the junction of an alley and a highway.
(b) The dimensions of an intersection include only the common area:
(1) within the connection of the lateral curb lines or, in the absence of curb
lines, the lateral boundary lines of the roadways of intersecting highways
that join at approximate right angles; or
(2) at the place where vehicles could collide if traveling on roadways of
intersecting highways that join at any angle other than an approximate right
angle.
(c) Each junction of each roadway of a highway that includes two roadways at least 30
feet apart with the roadway of an intersecting highway, including each roadway of
an intersecting highway that includes two roadways at least 30 feet apart, is a
separate intersection.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995§ 545.302.
STOPPING, STANDING, OR PARKING PROHIBITED IN CERTAIN PLACES.
(a) An operator may not stop, stand, or park a vehicle:
(1) on the roadway side of a vehicle stopped or parked at the edge or curb of a
street;
(2) on a sidewalk;
(3) in an intersection;
(4) on a crosswalk;
(5) between a safety zone and the adjacent curb or within 30 feet of a place on
the curb immediately opposite the ends of a safety zone, unless the
governing body of a municipality designates a different length by signs or
markings;
(6) alongside or opposite a street excavation or obstruction if stopping,
standing, or parking the vehicle would obstruct traffic;
(7) on a bridge or other elevated structure on a highway or in a highway tunnel;
(8) on a railroad track; or
(9) where an official sign prohibits stopping.
(b) An operator may not, except momentarily to pick up or discharge a passenger, stand
or park an occupied or unoccupied vehicle:
(1) in front of a public or private driveway;
(2) within 15 feet of a fire hydrant;
(3) within 20 feet of a crosswalk at an intersection;
(4) within 30 feet on the approach to a flashing signal, stop sign, yield sign, or
traffic-control signal located at the side of a roadway;
(5) within 20 feet of the driveway entrance to a fire station and on the side of a
street opposite the entrance to a fire station within 75 feet of the entrance, if
the entrance is properly marked with a sign; or
(6) where an official sign prohibits standing.
(c) An operator may not, except temporarily to load or unload merchandise or
passengers, park an occupied or unoccupied vehicle:
(1) within 50 feet of the nearest rail of a railroad crossing; or
(2) where an official sign prohibits parking.
(d) A person may stop, stand, or park a bicycle on a sidewalk if the bicycle does not
impede the normal and reasonable movement of pedestrian or other traffic on the
sidewalk.
(e) A municipality may adopt an ordinance exempting a private vehicle operated by an
elevator constructor responding to an elevator emergency from Subsections (a)(1),
(a)(5), (a)(6), (a)(9), (b), and (c).
(f) Subsections (a), (b), and (c) do not apply if the avoidance of conflict with other
traffic is necessary or if the operator is complying with the law or the directions of a
police officer or official traffic-control device.
g) If the governing body of a municipality determines that it is necessary to improve
the economic development of the municipality's central business district and that it
will not adversely affect public safety, the governing body may adopt an ordinance
regulating the standing, stopping, or parking of a vehicle at a place described by
Subsection (a)(1), other than a road or highway in the state highway system, in the
central business district of the municipality as defined in the ordinance. To the
extent of any conflict between the ordinance and Subsection (a)(1), the ordinance
controls.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg.,
ch. 814, § 1, eff. June 18, 1999.
(Letter sent to 9 addresses adjacent to the areas in consideration.)
June 11, 2008
This letter is to inform you that vehicles parked in front of and/or on the side of your home may
be parked in prohibited areas, according to Texas Transportation Code 545.302a.(3), which states
that an operator may not stop, stand or park a vehicle in an intersection; and Transportation Code
545.302b.(4) which states that an operator may not, except momentarily stand or park an
occupied or unoccupied vehicle within 30 ft. of the approach to a stop sign. Texas law prohibits
parking in these areas for many reasons, and the City of Coppell must enforce these mandates. In
the past, emergency vehicles have been rerouted in this area in order to respond to emergencies.
Rerouting decreases response time of our emergency personnel, and any time lost in rerouting
may be time that was needed to save a life. Unfortunately, due to the design of the entrance in the
subdivision, any on-street parking in front of and/or on the side of your home may be considered
to be ‘parking within an intersection.’
Residents whose homes are located near the fire hydrant on Raintree Circle will also be receiving
a notice informing them that it is prohibited to park within 15 feet of the fire hydrant on either
side of the hydrant, according to Texas Transportation Code 545.302b.(1).
We apologize for any inconvenience this notice may cause, however, we must act in the best
interest of all residents of Coppell. Attached is an aerial and statutes to provide more information.
If you have any questions or comments, please contact this office at 972-304-3679 or the Police
Department at 972-304-3600 at your convenience.
Sincerely,
______________________ ____________________________
DiWanna Baskins Kenneth M. Griffin, P.E
Graduate Engineer Dir. of Engineering/ Public Works
cc: Tim Oates, Fire Marshal
Gary Nix, Deputy Chief PD
Sgt. Eric Debus, Traffic Control
Attachment
U: subdivisions/raintreevillage/564raintreecircle
30303
0
30
¬«¬«
553RAINTREECIR
557RAINTREECIR
561RAINTREECIR 544RAINTREECIR
548RAINTREECIR
552RAINTREECIR
565RAINTREECIR
560RAINTREECIR
564RAINTREECIR
547VILLAGEGREEN DR
569RAINTREE CIR
551VILLAGEGREEN DR
568RAINTREECIR
555 VILLAGEGREEN DR
572RAINTREECIR
573 RAINTREE CIR
556RAINTREECIR
Created in ArcGISCreated on: 06/11/2008by Kevin Rubalcaba last edit: JWW:\GIS\Projects\Transportation\Streets\Workspaces\No Parking-Raintree Circle and Village10212008
No Parking@Raintree Cir & Vill age Dr³0 4020
1 inch = 40 feet Village DrRaintree CirN
M
a
c
A
rth
u
r
B
lv
d
¬«Fire Hydrant
No Parking Zone
Parcel
No Parking within15 feet on either sideof Fire Hydrant
No Parking Zone
No Parking within30 feet of Stop Sign
No Parking within30 feet of intersection
No Parking Within30 Feet of Intersection
1
ORDINANCE NO. ________
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE CITY OF COPPELL, TEXAS BY AMENDING SECTION 8-3-1 (A)
OF THE CODE OF ORDINANCES; MAKING IT UNLAWFUL TO PARK,
STAND, OR STOP A VEHICLE AT ALL TIMES AT THE FOLLOWING
LOCATIONS: BOTH SIDES OF VILLAGE DRIVE WITHIN 30 FEET OF
ITS INTERSECTION WITH RAINTREE CIRCLE; BOTH SIDES OF
VILLAGE DRIVE WITHIN 30 FEET OF ITS INTERSECTION WITH
MACARTHUR BLVD; THE WEST SIDE OF RAINTREE CIRCLE
WITHIN 30 FEET OF BOTH THE NORTH AND SOUTH SIDE OF ITS
INTERSECTION WITH VILLAGE DRIVE; WITHIN THE
INTERSECTION OF RAINTREE CIRCLE AND VILLAGE DRIVE; AND
WITHIN 15 FEET OF BOTH SIDES OF THE FIRE HYDRANT NEAR
THE INTERSECTION OF RAINTREE CIRCLE AND VILLAGE DRIVE;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE;
AND PROVIDING AN EFFECTIVE DATE.
SECTION 1. That Section 8-3-1A of Chapter 8 of the Code of Ordinances be, and the
same is hereby, amended to provide for parking restrictions on Village Drive and Raintree Circle, to
read as follows:
“Sec. 8-3-1 NO PARKING ON SPECIFIC STREETS & IN CERTAIN SCHOOL
ZONES/SCHOOL AREAS
A. NO PARKING ON SPECIFIC STREETS
It shall be unlawful for any person to stop, stand or park a vehicle at
any time in violation of any official sign, curb marking, or street
marking that prohibits, regulates, or restricts the stopping, standing or
parking of a vehicle at the times designated for the following streets:
. . . .
2
VILLAGE DRIVE: within 30 feet of its intersection with Raintree
Circle, within the intersection of Village Drive and Raintree Circle,
and within 30 feet of its intersection with MacArthur Boulevard.
RAINTREE CIRCLE: on the west side within 30 feet of its
intersection with Village Drive, within the intersection of Raintree
Circle and Village Drive, and within 15 feet either side of the fire
hydrant immediately south of the intersection.
. . . .”
SECTION 2. The traffic engineer shall erect official signs, curb markings, or street
markings giving notice that parking, stopping or standing of vehicles is prohibited at the locations
designated herein.
SECTION 3. That all provisions of the Code of 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 4. That should any word, phrase, paragraph, section or phrase of this ordinance
or of the Code of Ordinances, as amended hereby, be 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 Code of Ordinances as a whole.
SECTION 5. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense
was committed and the former law is continued in effect for this purpose.
SECTION 6. That any person, firm or corporation violating any of the provisions or terms
of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a
misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be
3
subjected to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense; and
each and every day such violation is continued shall be deemed to constitute a separate offense.
SECTION 7. That this ordinance shall take effect immediately from and after its passage
and the publication of the 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
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 28, 2008
9/G
✔
CONTRACT/BID or PROPOSAL
Consider approval of a TCPN 5-year Roof Asset Management Contract for City facilities with
TREMCO/Weatherproofing Technologies, Inc.; to include expenditures of $118,340.00 for 2008 as budgeted in the IMF;
and authorizing the City Manager to sign and execute any necessary documents.
See attached memo for details.
Funds are available in the Infrastructure Maintenance Fund for this contract.
Staff recommends approval of this contract.
#Roof Asset Mgmt Plan
MEMORANDUM
Date: October 15, 2008
To: Ken Griffin, P.E., Director of Public Works
From: Sheri Moino, CFM, Facilities Manager
RE: Proposed Roof Asset Management Plan
Ken:
In 2007, TREMCO/Weatherproofing Technologies, Inc. performed a roof survey of our
existing infrastructure and provided the City of Coppell with a 5-year budget/Roof Asset
Management Plan in order to address the deficient areas. This plan would be designed to
extend the lifespan of each roof, as well as to provide a full service maintenance plan on
our current inventory. The attached spreadsheet shows the conditions in color coding
with Red being the worst condition and Green being the best condition.
The Roof Asset Management Program is listed in the City's Five-Year Plan under
Infrastructure Maintenance Fund. The first two years of the plan address the more
serious deficient roof systems and include a full service maintenance program, while the
remaining three years provide only the full service maintenance program to extend the
life of our infrastructure.
The TCPN Contract with TREMCO/Weatherproofing Technologies, Inc. is for 5 years,
but can be terminated by the City of Coppell should funding not be available in
subsequent fiscal year’s budget.
Staff recommends approval of the proposed Roof Asset Management Plan.
HI m l
1 f
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TremcolWeatherproofing Technologies Inc
City of Coppel
City of Cappel Roof Management Plan
In 2007 City of Coppell completed a roofing inventory analysis with TremcojWTI From the results of that survey the
following conditions were found within the city s roof inventory
Total Inventory 256 650 sq ft
Green 85
Amber 5
Amber not restorable 8
Red 2
Current Roof Conditions I
City of Coppell is facing acapital need of over 800 000 in
roofing over the next ten years to replace their red and non
restorable roofs and when complete with that phase will then
need to replace the degraded Amber and Green roofs This
ongoing cycle of investment can be stopped by implementing
the Tremco ManagedAsset program and providing on going
maintenance for those roofs that are currently green and
those that are amber that can be utilized for an additional 216 094 85
10 years A plan has been developed to spend
approximately 378 815 over the next five years to replace red roofs and maintain all other roofs The first two years will
focus on replacements and maintenance and the remaining three years will be preventive maintenance only
11 935 5 2008 will be the first year of this innovated programmatic approach to roof
management The program is designed to deliver roofs that exceed expected
service life dry healthy environments reduced life cycle costs budget
predictability and a high return on investment
240 012 93
Y5 Roof Conditions
City of Cappel 2008 Priorities
City of Coppell will begin their program by making replacements to the
1 Arts Center Roof A
2 Justice Center Roof J
38 340
80 000
118 340
The information contained on this page is proprietary and is notto be reproduced or distributed without TremcojWTI s consent
Copyright@2008WeatherproofingTechnologies Inc
Total 2008 Program Preventive Maintenance Houskeeping Paid leak Response
Roof Replacement Arts Center A Justice Center J
I
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l f t
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f
TremcolWeatherproofing Technologies Inc
City of Coppell
1
The above new roofs and the remaining 68 roofs in Table 1 will receive annual preventive maintenance housekeepingandpaidleakresponseforalumpsumof38340annuallyexcludinginflation
Table 1
tl NamA Sa Ft CJusticeCenterJusticeCenterRoofA3330 100
Justice Center Justice Center Roof D 363 100JusticeCenterJusticeCenterRoofF363100CODDellRoadServiceCenterAdministrationBuildinaRoofA352090CODDellRoadServiceCenterAdministrationBuildinaRoofB680790
CQJlDell Road Service Center Administration Buildino Roof C 6842 90CODDellRoadServiceCenterAdministrationBuildinaRoofD121690AnuaticCenterAnuaticCenterRoofA962090
Aouatic Center Aauatic Center Roof B 30 167 90
Arts Center Arts Center RoofB 2414 90BrownParkCentralBrownParkCentralRoofA338490
Brown Park East Brown Park East Roof A 3022 90
Fire Station 121 Fire Station 121 Roof A 734 90
Fire Station 121 Fire Station 121 Roof C 4018 90FireStation122FireStation122RoofA887790
Fire Station 123 Fire Station 123 Roof A 4396 90
Fire Station 123 Fire Station 123 Roof B 807 90
Justice Center Justice Center Roof E 1023 90
Justice Center Justice Center Roof G 2178 90
Justice Center Justice Center Roof H 2132 90
Librarv Librarv Roof A 12267 90
Librarv Librarv Roof B 743 90
Librarv Librarv Roof C 11 750 90
Librarv Librarv Roof D 693 90
Librarv Librarv RoofE 693 90
Librarv Librarv Roof F 416 90
MacArthur Park MacArthur Park Roof A 2806 90
Waoon Wheel Park North Concession Bathrooms Roof A 2598 90CODDellRoadServiceCenterNortheastServiceBuildinaRoofA1439590
Waaon Wheel Park South Concessions Bathrooms Roof A 5405 90
Waaon Wheel Park South Picnic Storaae Roof A 1982 90
Waoon Wheel Park South Viewina Stands Viewing Stands 3840 90
Tennis Center Tennis Center Roof A 2147 90
Town Center Town Center Roof B 950 90
Town Center Town Center Roof G 12965 90
Village Parkway Pumo Station Villaae Parkway Pumo Station Roof A 6979 90
Arts Center Arts Center Roof D 4018 80
Brown Park West Brown Park West Roof A 3272 80
Fire Administration Fire Administration Roof A 7220 80
Fire Station 121 Fire Station 121 Roof B 4863 80
Fire Station 123 Fire Station 123 Roof C 4863 80
Fire Station 123 Fire Station 123 Roof D 4276 80
Coooell Road Service Center Northwest Storaae Roof A 1342 80
CODDell Road Service Center South Service Buildino Roof A 10398 80
Animal Shelter Animal Shelter Main Roof 7 593 70
Justice Center Justice Center Roof C 1023 70
Arts Center Arts Center Roof C 3025 60
Librarv Librarv Roof K 156 60
Justice Center Justice Center Roof K 742 50
Librarv Librarv Roof G 156 50
Librarv Librarv Roof H 156 50
Librarv Librarv Roof I 156 50
Librarv Librarv Roof J 156 50
Librarv Librarv Roof L 156 50
Justice Center Justice Center Roof I 460 40
Justice Center Justice Center Roof L 2026 40
Senior Center Senior Center Roof A 2200 40
Senior Center Senior Center Roof B 1563 40
Town Center Town Center Roof A 3990 40
Town Center Town Center RoofC 260 40
Town Center Town Center Roof D 140 40
Town Center Town Center Roof E 260 40
Town Center Town Center Roof F 140 40
Town Center Town Center Roof H 224 40
Town Center Town Center Roof I 224 40
Town Center Town Center Roof J 224 40
Town Center Town Center Roof K 224 40
Justice Center Justice Center Roof B 9441 30
L I I Grand Totals 250 789 68
The information contained on this page is proprietary and is not to be reproduced or distributed without Tremco WTI s consent
Copyright@2008 Weatherproofing Technologies Inc
f
i TremcoWeatherproofing Technologies Inc
City of Coppell
5 YR TPW PLAN Year 1 Year 2 Year 3 Year 4 Year 5
Preventive
Maintenance 38 340 38 340 38 340 38 340 38 340
Replacement 80 000 141 615 0 0 0
Arts Center Roof Justice Center
A Roof B
Justice Center
Roof J
Annual Totals 118 340 179 955 38 340 38 340 38 340
5 Estimated Inflation
Compounding 0 7 198 3 128 4 787 6 512
Total Improvements 118 340 187 153 41 468 43 127 44 852
Note A purchase orderwill be executed atthe beginning of each fiscal year for the work outlined in the 5 yearplan for
that fiscal year Values are at today s present value with compounding interest and will be recognized year by
year based on actual interest rate Year 2 Justice Center Roof B cost is valid only until June 1 2009
TCPN Contract Terms Conditions
This contract is to be procured in accordance to the TCPN contract award and terms and conditions with
Tremco Weatherproofing Technologies Inc City of Coppell acknowledges and agrees to follow the terms and conditions
of the TCPN WT1 contract
This contract can be terminated by the City of Coppell at the beginning any fiscal year based on funding availability
Payment Terms
A schedule of values for preventive maintenance and roof replacement will be developed Tremco WT1 will invoice
monthly based on completion of each scheduled va lue with 30 day payment terms
Proposal Acceptance
This proposal is executed by both parties below in accordance with the terms and conditions of the TCPN contract with
Tremco WeatherproofingTechnologies Inc as provided in this proposal
City of Coppell Tremco Weatherproofing Technologies Inc
By By
Printed
Name
Printed
Name
Date Date
The information contained on this page is proprietary and is notto be reproduced or distributed without TremcojWTI s consent
Copyright@ 2008 WeatherproOfing Technologies Inc
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ ȱ
Parks and Recreation
October 28, 2008
9/H
✔
CONTRACT/BID or PROPOSAL
Consider approval of an Amendment to the Agreement for Professional Services with Halff and Associates for the
Design, Construction Documentation and Contract Administration for the Coppell Town Center Plaza, in the amount
of $46,927.55, and authorizing the City Manager to sign.
The original Agreement for Professional Services related to the design, Construction Documentation, and Contract
Administration for the Town Center project was awarded on October 26, 2004, almost four years to the day of this
Amendment request. This Amendment will bring to a close a very lengthy and difficult project to design, and to
construct. Halff Associates has been involved with the project much longer than originally anticipated and expended
a great effort in working with the contractor to bring the project to a conclusion. The Amendment covers actual costs
for the design team, working with the city and contractor, to bring this project to a close.
Funds are available in the the Park CIP Accounts for this amendment.
Staff Recommends Approval
^Halff Modify-1AR
PARKS AND RECREATION DEPARTMENT
CITY COUNCIL AGENDA ITEM
Date: October 28, 2008
To: Mayor and City Council
From: Brad Reid, Director of Parks and Recreation
Re: Consider approval of an Amendment to the Agreement for Professional Services
with Halff and Associates for the Design, Construction Documentation and Contract
Administration for the Coppell Town Center Plaza, in the amount of $46,927.55, and
authorizing the City Manager to sign.
Background:
The original Professional Services Agreement for the above project was awarded on
October 26, 2004, almost four years to the day of this Amendment request. This
Amendment will bring to a close a very lengthy and difficult project to design, and to
construct. Halff Associates has been involved with the project much longer than
originally anticipated and expended a great effort in working with the contractor to bring
the project to a conclusion. These efforts have been documented over the past few
months (see attached letter from Halff Associates).
The true effort for Contact Administration/Construction Observation services that were
anticipated by Halff in the original agreement were underestimated by Halff. However,
the delays in the construction due to various factors, the complexity of the project, and
the experience level of the contractor with this type of construction all added to the extra
involvement of the architect necessary to bring the project to a successful conclusion.
The Agreement for Professional Services that Halff Associates and the City of Coppell
entered into on November 9, 2004, for Design, Construction Documentation and CA/CO,
and the Modification to that agreement of August 23, 2006, outline responsibilities for
both parties related to the successful completion of the subject project. Halff Associates
indicates that the original Agreement, along with the Modification, allows for an amount
of $25,210.00 for CA/CO services. This Agreement for Professional Services allows for
an eight month construction period, with the associated site visits, construction meetings,
and submittal reviews from Halff. For several reasons, the contractor was delayed in
completing the project in the allotted time frame. As a result, Halff has been involved in
the CA/CO portion of the project considerably longer than anticipated. This alone is
justification for added compensation to the Agreement by the simple fact that
professional involvement is lengthened. The complexities of this project are of a nature
that Halff should have expected increased involvement during the construction period.
Instead, the amount allowed for CA/CO was not even up to the industry standard for
landscape construction. This Amendment will bring the total contract for
architectural/engineering fees to just under 10% of the construction cost. The total
amount for CA/CO will be approximately 29% of the total Professional Services
Agreement for the project. These amounts are well within the industry average. Halff
Associates was instrumental not only in the initial design of the Plaza, but also during the
construction, in working with the contractor through difficult methods and procedures to
pull together a quality product.
City Council Action requested:
City Council action requested is to approve the attached Amendment to the Agreement
with Halff and Associates for the Design, Construction Documentation and Contract
Administration for the Coppell Town Center Plaza, in the amount of $46,927.55, and
authorizing the City Manager to sign.
City Council approval of this item will authorize the City Manager to enter into this
Amendment to the Agreement with Halff Associates for Professional Services related to
the design, construction documentation, and construction observation and administration
for the creation of this plaza. Approval and final payment of this Amendment will bring
to a close the professional services for the project.
Staff Recommendation:
Staff recommends approval of this item.
HALFF
Page 1
1201 N. Bowser
Richardson, Texas 75081
(214) 346-6200
Fax (214) 739-0095
October 10, 2008
22831
Mr. Jim Witt
City Manager: City of Coppell
255 Parkway Boulevard
P. O. Box 9478
Coppell, Texas 75019
Coppell Town Center Plaza Construction Administration
Dear Mr. Witt
On December 18th 2007, Halff Associates discussed with Mr. Brad Reid (Parks Director: City
of Coppell) the conditions which have caused the construction administration (CA) effort to far
exceed the professional services fee for the construction phase. In fact it was noted that there is
an imbalance between the contract agreement that stipulates the dollar amount of $25,210 and
the real effort as recorded by Halff.
The CA effort is typically expected to include Pay Application review and approval; Submittal
reviews; Change Orders review and administration; Requests for Information response; limited
Construction Observation and Site Meetings. Accompanying CA effort deals with in-progress
clarification notes and telephone and email correspondence as part of the project progress,
which typically are not accounted for other than in real time spent by the consultant.
A discussion of each of the main CA categories follows:
1. Pay Application review:
This effort on a monthly basis was completed as expected although the construction
period doubled from 9 to 18 months.
2. Submittal reviews:
Halff received more than 60 individual Submittals items for review. About half of
these were of such poor quality that they required a re-submittal, some up to 3 and 4
times before their approval. The reason for the re-submittal is typically inadequate,
poorly coordinated or even wrong information submitted by the contractor.
id56072406 pdfMachine by Broadgun Software - a great PDF writer! - a great PDF creator! - http://www.pdfmachine.com http://www.broadgun.com
HALFF
Page 2
1201 N. Bowser
Richardson, Texas 75081
(214) 346-6200
Fax (214) 739-0095
3. Change Orders review and administration
During the construction period, Halff has addressed a total of 23 Change Orders. Most
of these change orders were due to unforseen site conditions beyond the control of the
design and/or contractor. Only two were due to design change requirements. Some
change orders resulted in substantial savings and credit for the City including the
revision of the amphitheater stage slab design and the seatwall drainage.
4. Requests for Information
The contractor submitted a total of 24 RFI s. Four of these are due to site conditions
unknown prior to the project, six are due to contractor-suggested design adjustments for
ease of constructability, seven are due to a need of the contractor for clarification and
seven are due to design oversights.
5. Construction Observation and Site Meetings
At the start of the project it was initially decided to have weekly site progress meetings,
to be changed to biweekly meetings and eventually to have monthly meetings to
coincide with the need for pay application approvals. The purpose of the initial weekly
meetings was to ensure efficiency and to establish strong communication lines which
were indeed achieved. Additional meetings were also required as and when the
contractor required approval for mock-ups and/or needed partial approval of items
before proceeding, which could not always be left until the next construction progress
meeting.
Until the end of June 2008, Halff conducted more than 50 construction observation/site
meetings.
Additional considerations that lead to increased CA effort are as follows:
Once the project was approved for the Design Phase, the City Council was anxious to
see the project complete. Halff achieved completion of the project design including
construction documentation within a five month period between August 2006 and early
January 2007. Halff completed the project with diligence and efficiency, yet we
realized that issues may come up during the construction period. Consequently Halff
needed to perform some design changes including In-Progress Clarification notes.
However, considering the short period available for design development, design related
construction issues have been extremely limited.
Due to many factors beyond our and even the contractor s control, the project has been
delayed significantly from the intended substantial completion date of November 1,
2007 (the additional days requested by the contractor until the end of July 2007, include
31 rain days and 13 work days due to change orders). Any such delay of a construction
HALFF
Page 3
1201 N. Bowser
Richardson, Texas 75081
(214) 346-6200
Fax (214) 739-0095
project typically leads to unintended need for additional attention, administration and
additional funding.
The contractor preferred to use substitute products on a number of project components.
This required additional review and attention and our handholding both the contractor
and his subcontractors to ensure an acceptable outcome. Substitute products must be
evaluated initially and required our added care during the construction submittal
process.
Northstar is a good contractor when it comes to the construction of landscape and site
work. However this project required additional input from Halff to guide and direct
much of the effort for which they are responsible.
Although the stone fabrication plant was visited and a relationship with the mason
established, the lack of performance on the part of the stone mason in terms of timely
fabrication of the stone required added time, additional effort and guidance on our part.
The brick and stone work was done in direct conflict with the contract specifications
and required close supervision and corrective measures.
The construction administration process was belabored by the unfamiliarity of the
particular contractor and his sub-contractors with the architectural components of the
project.
The total amount of effort spent from construction initiation until the end of October 2007,
came to $42,016, as recorded by the two main Project team members, Francois de Kock and
Paul Woodard only. This time excludes the 355 hours spent by twelve additional Halff
personnel that worked on the project during this period.
During early discussions with Mr. Brad Reid in November, we had agreed not to charge for the
additional $16,806 accrued fees for CA from February 2007 to end October 2007 (calculated as
$42,016 minus the agreed contract maximum of $25,210 for CA services).
The effort for CA services provided for the period November 2007 to the end of July 2008,
comes to $46,927.55.
HALFF
Page 4
1201 N. Bowser
Richardson, Texas 75081
(214) 346-6200
Fax (214) 739-0095
Request for consideration:
Please consider our request for an additional Construction Administration fee of $46,927.55 for
the period November 2007 to end July 2008.
Thank you for your confidence in Halff Associates. As the City of Coppell s representative on
this project, through our construction administration effort we make it our business to ensure
that the project delivered to you meets the intent and standard of quality established in the
construction documents. We want you to have peace of mind in that regard. We want to
believe that during the 17+ months of this project s construction effort, we have brought value
to the effort which exceeds greatly the amount requested above.
Please consider and should you have any questions, please do not hesitate to contact me.
Thanking you,
Francois de Kock
Francois de Kock
Project Manager: Coppell Town Center Plaza
APPROVED:
By:
JIM WITT, City Manager: City of Coppell
Date:
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ ȱ
Parks and Recreation
October 28, 2008
9/I
✔
CONTRACT/BID or PROPOSAL
Consider approval of Change Order Number 3 in the amount of $25,750.00, to the contract with Northstar
Construction, Inc., for the construction of the Town Center Plaza; and the collection of Liquidated Damages from
Northstar for 103 days, totaling $25,750.00, finalizing the contract, and authorizing the City Manager to sign.
This Change Order #3, along with the collection of Liquidated Damages on the Northstar Construction, Inc., contract
for construction of the Town Center Plaza, will bring to a close this difficult and extended project. The Change Order
and the Liquidated Damages are equal and offsetting numbers of $25,750.00. The reason for this is that the
contractor, in his desire to finalize the contract, reduced the original costs for the Change Order to equal the
Liquidated Damage amount. Approval of this item, along with the payment of retainage from the city, will finalize this
construction contract.
No final impact from this change order and liquidated damages.
Staff Recommends Approval
^Northstar Final-1AR
PARKS AND RECREATION DEPARTMENT
CITY COUNCIL AGENDA ITEM
Date: October 28, 2008
To: Mayor and City Council
From: Brad Reid, Director of Parks and Recreation
Re: Consider approval of Change Order Number 3 in the amount of $25,750.00, to the
contract with Northstar Construction, Inc., for the construction of the Town Center Plaza;
and the collection of Liquidated Damages for 103 days, to finalize the contract, and
authorizing the City Manager to sign.
Background:
This Change Order and collection of Liquidated Damages on the Northstar Construction,
Inc., contract for construction of the Town Center Plaza will bring to a close this difficult
and extended project.
Northstar Construction worked with Halff Associates and the city on several items during
the final stages of construction which added costs to the project. During this time, the
contract period expired and Northstar began accumulating liquidated damages based on
$250.00 per day that the construction exceeded the contract period. Construction lasted
much longer than anticipated and Northstar struggled to complete the project. Due to
their persistence and the good working relationship that Northstar had established with
the city, they were allowed to continue on to finish the project.
The Change Order items are as per the list below and add up to a total of $25,750.00.
These items occurred during the natural course of construction and were documented by
the architect. Item No. 1 is $1,905.05 to relocate a light standard that was marked
incorrectly on the drawings. The contractor moved forward with the installation and the
decision was made by the architect that a change was needed for safety and security.
Item No. 2 is the addition of $7,843.00 to add the smoothed corners at the sundial. The
architect determined that the corners of the stone should be finished in order to maintain
a consistent appearance throughout. This is the cost incurred by the contractor from the
quarry to make this adjustment. Item 3 is a credit of $10,170.00 to change the seatwall
caps from natural stone, to a cast stone. The concrete cast stone is a much better product
for this application, and the architect suggested this change be made. Item 4 is the
addition of $1,827.10 for additional concrete paving at the east side of the building. The
landscape beds were reduced in size from the original design to improve accessibility
from the front of the building, necessitating this change. Item 5 is to add electrical power
to one of the irrigation controllers. This power was inadvertently left off the original
drawings.
An addition of $8,536.00 is requested for the addition of a drainage inlet and piping for
storm water management at the south parking lot. This new drain was installed at the
request of the Engineering Department, as the original design was inadequate. Item 7 is
for the addition of a gate to cover the front of the dumpster on the east side of the Town
Center building. A gate was not specified for this structure, but was ultimately required.
Item 8 was the result of engineering completed during the installation of the tower. It
was determined that the specified connection of the large capstone on top of the tower, to
the tower below, was inadequately designed. A redesign was submitted and approved by
the architectural design team. Item 9 is the addition of $4,605.70, as a result of
modifications suggested by the architect regarding lighting and electrical changes. The
changes resulted in better quality lighting, fixtures and electrical specifications. The last
item is an additional $3,572.81 resulting from the architect’s desire to alter the grading of
the Contemplative garden and area resulting from the added Drainage Inlet at the south
parking lot. This was an extensive regrade and added much time and cost to the project.
Even the days added as a result of weather related delays and added work extensions
could not justify the contractor taking as long as he did to complete the project. Because
the contractor exceeded the contract period, the collection of Liquidated Damages on this
project is warranted. Damages will be collected for 103 days, resulting in $25,750.00 to
the city. It is no coincidence that the amount for Liquidated Damages is equal to that of
Change Order Number 3. At the insistence of the city, the contractor has agreed to
reduce his original pricing for Change Order Number 3 to make these numbers equal.
City Council Action requested:
City Council action requested is to approve Change Order Number 3 ($25,750.00), to the
contract with Northstar Construction, as well as the collection of Liquidated Damages in
the same amount for the Construction of the Coppell Town Center Plaza, and authorizing
the City Manager to sign.
Staff Recommendation:
Staff recommends approval of this item.
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
Police
October 28, 2008
9/J
✔
CONTRACT/BID or PROPOSAL
Consider approval of renewing the service agreement with Motorola, Inc. for the maintenance of all city radios and
the communication network in the amount of $55,890.96; and authorizing the City Manager to sign.
This service contract is an annual contract that is funded out of the Police Department budget yearly.
The funds for this maintenance agreement are provided by the E911 funds.
Staff recommends approval.
)Motorola Service
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
Police
October 28, 2008
9/K
✔
ORDINANCE
Consider approval of an ordinance of the City of Coppell, Texas, amending Chapter 6, "Business Regulations," Article
6-9, "Tow Truck Regulations," by amending Section 6-9-1, "Definitions," by repealing the definition for Licensee and
replacing the same with a definition for permit holder; by amending the definition for towing company and by
amending the definition for vehicle storage facility; by amending Section 6-9-2, "Registration, License" by amending
Subsections A, B, and C, to comply with state law and by repealing Subsections D,E and F, in its entirety; by repealing
Section 6-9-3, "Registration; License Denial; Revocation", in its entirety and reserving the same for future use; and
authorizing the Mayor to sign.
The City of Coppell desires to amend Article 6-9 of the Code of Ordinances providing for Tow Truck Regulations within
the City of Coppell to comply with current state law. See attached memo.
Staff recommends approval.
)Tow Truck Ordinance
MEMORANDUM
TO: Roy Osborne, Chief of Police.
FROM: Derrick Watson, Captain.
DATE: 07-30-2008.
REF: Article 6-9 Code of Ordinances - Tow Truck Regulations.
The State has legislated wrecker registration, records, licensing, license renewal, training and
review board to obtain standardization across Texas. We are requesting changes in the City of
Coppell Ordinances to ensure compliance with Texas Occupations Code Chapter 2308.
In short we are requesting amendments to the following:
1. We are requesting an amendment to Section 6-9-1 "Definitions" by repealing the definition
for licensee and replacing the same with a definition for permit holder. "Permit Holder" is the
term utilized by the State for those authorized to conduct towing (see attached Occupations Code
2308).
2. We are requesting an amendment to Section 6-9-2 to the definition for towing company and
vehicle storage facility to comply with State law (see attached Occupations Code 2308).
3. We are requesting an amendment to Section 6-9-2 "Registration, License" by ensuring the
City is in compliance with Occupations Code Chapter 2308 and repealing subsections D, E and F
and by repealing Section 6-9-3 "Registration, License Denial; Revocation" as licensing and
license renewal and review will now by conducted by the Department of Public Safety. The City
is no longer permitted to regulate private tows by registration or licensing within City limits (see
attached Occupations Code 2308). We currently manage non-consent tows by contract with a
wrecker company.
Thank you.
Item #1 Attachment Texas Occupations Code 2308.
SUBCHAPTER C. TOW TRUCK PERMIT REQUIREMENTS
Text of section effective on September 1, 2008
Sec. 2308.101. PERMIT REQUIRED. A tow truck may not be used for consent towing or nonconsent
towing on a public roadway in this state unless an appropriate permit has been issued for the tow truck under this
subchapter. Each tow truck requires a separate permit.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 1.12, eff. September 1, 2007.
Sec. 2308.102. APPLICATION REQUIREMENTS. (a) An applicant for a permit under this subchapter
must submit to the department:
(1) a completed application on a form prescribed by the executive director;
(2) evidence of insurance or financial responsibility required under this subchapter;
(3) the required fees; and
(4) any other information required by the executive director.
(b) The department may conduct an examination of any criminal conviction of an applicant, including by
obtaining any criminal history record information permitted by law.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 1.12, eff. September 1, 2007.
Sec. 2308.103. REQUIREMENTS FOR INCIDENT MANAGEMENT TOWING PERMIT. (a) An
incident management towing permit is required for a tow truck used to perform any nonconsent tow initiated by a
peace officer, including a tow authorized under Section 545.3051, Transportation Code.
(b) To be eligible for an incident management towing permit, an applicant must submit evidence that:
(1) the tow truck is equipped to tow light-duty or heavy-duty vehicles according to the
manufacturer's towing guidelines;
(2) the applicant has at least $500,000 of liability insurance for the tow truck; and
(3) the applicant has at least $50,000 of cargo insurance for the tow truck.
(c) A tow truck permitted under this section may also be used for private property towing and consent
towing.
(d) When a tow truck is used for a nonconsent tow initiated by a peace officer under Section 545.3051,
Transportation Code, the permit holder is an agent of law enforcement and is subject to Section 545.3051(e),
Transportation Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 1.12, eff. September 1, 2007.
Item #2: Definitions of Towing Company and Vehicle Storage Facility as per Occupations
Code 2308.
(12) "Towing company" means an individual, association, corporation, or other legal entity that
controls, operates, or directs the operation of one or more tow trucks over a public roadway in this state but does not
include a political subdivision of the state.
(16) "Vehicle storage facility" means a vehicle storage facility, as defined by Section 2303.002,
that is operated by a person who holds a license issued under Chapter 2303 to operate the facility.
Added by Acts 2007, 80th Leg., R.S., Ch. 1046, Sec. 1.12, eff. September 1, 2007.
Item #3: Occupations Code 2308 addressing towing in a political subdivision:
SUBCHAPTER E. LOCAL REGULATION OF TOWING
Sec. 2308.201. TOW TRUCK REGULATION BY POLITICAL SUBDIVISIONS. (a) A political
subdivision of this state may regulate the operation of a tow truck to the extent allowed by federal law, except that a
political subdivision may not issue a more restrictive regulation for the use of lighting equipment on a tow truck than
is imposed by Title 7, Transportation Code.
(b) A political subdivision may not require the registration of a tow truck that performs consent tows in the
political subdivision unless the owner of the tow truck has a place of business in the territory of the political
subdivision.
(c) A political subdivision may require the registration of a tow truck that performs a nonconsent tow in
the political subdivision, regardless of whether the owner of the tow truck has a place of business in the territory of
the political subdivision.
(d) A political subdivision may not require a person who holds a driver's license or commercial driver's
license to obtain a license or permit for operating a tow truck unless the person performs nonconsent tows in the
territory of the political subdivision. A fee charged for a license or permit may not exceed $15.
AN ORDINANCE OF THE CITY OF COPPELL
ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
CHAPTER 6, “BUSINESS REGULATIONS,” ARTICLE 6-9, "TOW
TRUCK REGULATIONS,” BY AMENDING SECTION 6-9-1,
“DEFINITIONS,” BY REPEALING THE DEFINITION FOR LICENSEE
AND REPLACING THE SAME WITH A DEFINITION FOR PERMIT
HOLDER; BY AMENDING THE DEFINITION FOR TOWING
COMPANY AND BY AMENDING THE DEFINITION FOR VEHICLE
STORAGE FACILITY; BY AMENDING SECTION 6-9-2,
“REGISTRATION, LICENSE” BY AMENDING SUBSECTIONS A, B,
AND C, TO COMPLY WITH STATE LAW AND BY REPEALING
SUBSECTIONS D, E AND F, IN ITS ENTIRETY; BY REPEALING
SECTION 6-9-3, “REGISTRATION; LICENSE DENIAL;
REVOCATION”, IN ITS ENTIRETY AND RESERVING THE SAME FOR
FUTURE USE; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM
OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Article 6-9 of the Code of Ordinances provides for the Tow Truck
Regulations within the City of Coppell; and
WHEREAS, the City desires to amend said regulations to comply with current state law;
and
WHEREAS, after review and consideration, the City Council hereby finds that Article 6-
9 should be amended as provided herein.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF
COPPELL, TEXAS:
SECTION 1. That Chapter 6 of the Code of Ordinances be, and the same is, hereby
amended by amending Article 6-9, "TOW TRUCK REGULATIONS,” Section 6-9-1,
“Definitions,” by repealing the definition for licensee and replacing the same with a definition
for permit holder, by amending the definition for towing company and for vehicle storage
facility, by amending Section 6-9-2, “Registration, License” Subsections A, B, and C, to comply
with state law and by repealing Subsections D, E and F, in its entirety, and by repealing Section
Page 1
TM 31923.2.000
6-9-3, “Registration; License Denial; Revocation”, in its entirety and reserving the same for
future use, which shall read as follows:
“ARTICLE 6-9. TOW TRUCK REGULATIONS
Sec. 6-9-1. Definitions.
Accident means any occurrence which renders a vehicle wrecked or disabled.
Chief of police means the chief of police of the police department of the City of
Coppell, or his designee.
City means the City of Coppell, Texas.
Consent tow means the towing of a vehicle with the consent of the owner or
operator of the vehicle.
Cab Cards means a State of Texas issued cab card for each tow truck issued a
permit as required by Texas Occupations Code Chapter 2308.108.
Disabled vehicle means a vehicle which has been rendered unsafe to be driven
as a result of some occurrence other than wreck, including, but not limited to,
mechanical failures or breakdowns, fire, vandalism, or a vehicle which is in a safe
driving condition, but the owner is not present, able or permitted to drive, so as to
reasonably necessitate that the vehicle be removed by a tow truck.
Non-consent tow means the towing of a vehicle without the consent of the
owner or operator of the vehicle or such owner's authorized representative. The term
"non-consent tow" shall not include police pulls or lawful repossessions.
Parking facility owner means:
A. An owner or operator of a parking facility, including a lessee, employee
or agent of an owner or operator;
B. A property owner's association having control under a dedicatory
instrument over assigned or unassigned parking areas; or
C. A property owner having exclusive right under dedicatory instrument to
use a parking space.
Permit Holder means a person licensed by the State of Texas as required by
Texas Occupations Code Chapter 2308 to engage in or perform towing service.
Police pull means the towing of a vehicle as a direct result of police action or
pursuant to the request of a police officer of the City of Coppell.
Street means any public street, highway, roadway alley or other public right-of-
way within the corporate limits of the City of Coppell.
Tow truck means a vehicle designed for the towing of other vehicles.
Towing company means means an individual, association, corporation, or
other legal entity that controls, operates, or directs the operation of one of more tow
trucks over a public roadway in this state but does not include a political subdivision of
the state Acts of the 80th Legislature 2007 (Texas Occupations Code Chapter 2308).
Page 2
TM 31923.2.000
Vehicle means a device in, on or by which a person or property may be
transported on a public roadway. The term includes an operable or inoperable
automobile, truck, motorcycle, recreation vehicle, or trailer, but does not include a
device moved by human power or used exclusively on a stationary rail or track.
Vehicle storage facility means a vehicle storage facility that is operated by a
person who holds a license issued under Texas Occupations Code Chapter 2303.
Wrecked vehicle means a vehicle which has been damaged as a result of
overturning or colliding with another vehicle or object so as to reasonably necessitate
that the vehicle be removed by a wrecker.
Wrecker means a vehicle designed to be used primarily for moving or removing
wrecked or disabled vehicles from any street, including, but not limited to tow trucks as
herein defined.
Wrecker service means the act or business of towing vehicles with a wrecker or
tow truck.
Sec. 6-9-2. Registration; license.
(A) It shall be unlawful for any person to operate or cause to be operated a
wrecker that performs consent tows within the city without first having registered the
wrecker with the State of Texas and obtained a cab card as required by Texas
Occupations Code Chapter 2308.
B. It shall be unlawful for any person to operate or cause to be operated a
wrecker that performs non-consent tows within the city, regardless of whether the owner
of the wrecker has a place of business in the city, without first having registered and
obtained a cab card from the State of Texas as required by Texas Occupations Code
Chapter 2308.
C. It shall be unlawful for any person to operate a wrecker that performs
non-consent tows within the city without having obtained a cab card as required by
Texas Occupations Code Chapter 2308.
Sec. 6-9-3. Reserved for future use.
Sec. 6-9-4. Towing company records.
A towing company that has entered into a contract with the City shall retain at
its principal place of business a record of each vehicle towed in the city. The record shall
include the date and time of tow; the reason for and location of tow; description of the
vehicle; and location of the storage facility to where the vehicle was towed. The towing
company shall make the towing records available for inspection by the city at any time.
Sec. 6-9-5. Notification to police; display of work order.
A. It shall be unlawful for any person to tow or cause to be towed a vehicle
without the consent of the owner without first reporting to the police department the
following:
1. The location from which the vehicle was removed and the date and time
of removal;
Page 3
TM 31923.2.000
2. The reason for removal of the vehicle;
3. A description of the removed vehicle, including the year, make, model,
color, state license plate number and vehicle identification number;
4. The name of the towing company; and
5. Name, address and telephone number of the vehicle storage facility to
which the vehicle is taken.
B. It shall be unlawful for the operator of a tow truck performing a consent
or non-consent tow to fail to show, upon demand of a police officer, a work order or
written authorization for the tow.
C. It shall be unlawful for any towing company or licensee or permittee to
fail to make, keep or maintain logs or records which contain the information required by
the foregoing subsection A of this section, and by section 6-9-4, for a period of at least
12 months from the date of any tow.
Sec. 6-9-6. Tow service; accident.
A. The operator of a wrecker called to an accident to provide service shall
remove all wreckage and debris, including broken glass, from the public street or right-
of-way prior to departing the accident location.
B. No person shall drive or cause to be driven a wrecker to the scene of an
accident within the city unless requested by the owner of the vehicle or by the police
department.”
SECTION 2. 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 of the Ordinances of the City not in conflict with the provisions of this ordinance shall
remain in full force and effect.
SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or
section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to
be void or unconstitutional, the same shall not affect the validity of the remaining portions of said
ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and
effect.
SECTION 4. An offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when
the offense was committed and the former law is continued in effect for this purpose.
Page 4
TM 31923.2.000
SECTION 5. Any person, firm or corporation violating any of the provisions of this
ordinance or the Code of Ordinances, as amended, shall be subject to a fine not to exceed the
sum of Five Hundred ($500.00) dollars for each offense, and each and every day such offense
shall continue shall be deemed to constitute a separate offense.
SECTION 6. That this ordinance shall take effect immediately from and after its passage
as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2008
APPROVED:
____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
ROBERT E. HAGER, CITY ATTORNEY
(JDD/cdb 10/09/08)
Page 5
TM 31923.2.000
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
Police
October 28, 2008
10
✔
PROCEDURAL
Consider approval of an Interlocal Agreement between Dallas County Community College District and the City of
Coppell to conduct law enforcement services; and authorizing the Mayor to sign.
This agreement was originally presented and approved at the August 12, 2008 council meeting. Upon return to the
Dallas County Community College District for their approval, the agreement was changed by the DCCCD to reflect a
term length from September 3, 2008 - August 31, 2009 instead of the original term, September 1, 2008 - July 1, 2010.
The purpose of this agreement is to allow the North Campus of North Lake College located at 101 Royal Lane in
Coppell to share law enforcement responsibilities with the City of Coppell. The North Campus will provide a campus
peace officer and the City of Coppell will provide concurrent law enforcement services, when requested at the North
Campus.
Staff recommends approval.
)Interlocal Agreement
Interlocal Agreement
Between
Dallas County Community College District
And The
City of Coppell, Texas
WHEREAS, the CITY OF COPPELL, Texas a home rule city, authorized pursuant to the
Texas Constitution Article 11, Section 5, (hereinafter referred to as "City"), and
DALLAS COUNTY COMMUNITY COLLEGE DISTRICT, (hereinafter referred to as
"DCCCD") on behalf of North Lake College, (hereinafter referred to as "College") want to
enter into an agreement under the following terms and conditions; and
WHEREAS, the City, and the College, all being political subdivisions of the State of
Texas, are authorized to enter into interlocal agreements pursuant to Texas Government
Code, Chapter 791; and
WHEREAS, College and City desire to enter into this Agreement in order to set forth the
responsibilities for law enforcement at the North Campus of North Lake College located at
101 Royal Lane, Coppell, TX 75019, (hereinafter called "North Campus");
WHEREAS, The North Campus is comprised of areas surrounding and immediately
adjacent to the North Campus building, which are associated with the North Campus and
which service the North Campus (hereinafter called "Location");
WHEREAS, the North Campus is built of land owned by the College; and
NOW THEREFORE, the City and the College enter into this Interlocal Agreement
concerning police services for good and valuable consideration, and for the mutual
promises and benefits that flow to each party, do hereby agree as follows:
1. Scope of Agreement and Limitations of Authoritv:
A. The purpose of this Agreement is to allow the College to share law
enforcement responsibilities with City. College will provide a campus peace
officer and City will provide concurrent law enforcement services, when
requested at Location.
Interlocnl Agreement
Bemeen
Dallsr County Community College District
And The
City olcoppell, Texas
July 10,2008
Page 1 of6
B. Description of Location:
(I). the North Campus building,
(2). common areas surrounding the North Campus and associated with the
North Campus which includes:
(a). Sidewalks,
(b). Walkways, and
(3). Parking lots immediately adjacent to the North Campus building.
C. Types of Law Enforcement Services:
(1). Initial Police Response:
(a). College will initially respond to all requests for police services that
arise out of incidents occurring at the location during the hours an
officer is normally assigned to that location which will be between the
hours of 7:30 a.m. to 11: 00 p.m., Monday through Friday, excluding:
(i). days recognized by the College as school holidays, and
(ii). any day the College does not hold classes at the location
(b). City will make the initial police response to calls for police service, to
include general preventive patrol of Location between the hours of
11:OO p.m. and 7:30 a.m., Monday through Friday and on weekends,
should classes not be held at the North Campus.
(2). Subsequent Police Services:
(a). City will respond if subsequent police services beyond initial responses
enumerated in 3.A., infra, are required, including but not limited to:
(i). emergency alarm response, and
(ii). any emergency response which necessitates additional law
enforcement resources, i.e., Crime Scene services and assistance with
major case investigations, if requested by campus police or emergency
services in addition to an initial response, or other activity associated
with emergency or criminal incidents that occur at the location.
Interlocal Agreement
Bemeen
Dallas County Community College District
And The
City of Cappell, Texas
July 10.2008
(b). In addition, response by one agency shall not preclude or prevent
response by the other agency.
(3). Mutual assistance: If an incident should occur at Location to which the
party responsible for the initial response can not effectively respond or
requires immediate assistance, each party will assist the other as necessary
to provide police services.
D. Apportionment of Liability: Each party is responsible for the acts or
omissions of its officials, employees and agents. In the event of joint and
concurrent negligence, the DCCCD and City agree that responsibility shall be
apportioned comparatively without waiving any governmental immunity
available to the District under Texas law and without waiving any defenses of
the parties under Texas law. This obligation shall be construed for the benefit
of the parties hereto, and not for the benefit of any third parties nor to create
liability for the benefit of any third parties.
E. Limitations of Authority:
(1). Neither party has authority for an on behalf of the other except as provided
in this Agreement. No other authority, power, partnership, use or rights are
granted or implied.
(2). Neither party may make, revise, alter, or otherwise diverge from the terms
or conditions of this Agreement without a written amendment to this
Agreement.
(3). Neither party may incur any debt, obligation, expense, or liability of any
kind in behalf of the other party without the other's express written
approval.
F. Miscellaneous Provisions:
(1). Neither party shall have control over the other party with respect to its
hours, times, employment, etc.
(2) Under no circumstances shall either party be deemed an employee of the
other.
Inlerloc~l Agreement
Beheen
Dallas County Community College District
And The
City af Cappdl, Texas
July 10,2008
Page3 of6
(3). The parties warrant that their mutual obligations shall be performed with
due diligence in a safe and professional manner and in compliance with any
and all applicable statutes, rules and regulations.
2. Term: Subject to prior termination or revocation of this Agreement as
provided in section 3. of this Agreement, the initial term shall be in full force
and effect for a period of September 3, 2008 through August 31, 2009. This
Agreement will automatically renew for a one-year periods on September 1 of
each year, unless notice is given as enumerated under section 3. infra.
3. Termination: Termination is:
a. by mutual written consent,
b. with sole discretion of College upon five (5) days written notice,
c. upon the breach of this Agreement by City. A breach of this Agreement by
City will result in an immediate termination of this Agreement and City will
forfeit rights to the terms and conditions of this Agreement. A breach of this
Agreement includes, but is not limited to:
(1). a violation of the policies and rules of the DCCCD,
(2). a misrepresentation or false statement in this Agreement by City, or
(3). Nonperformance of the party's duties.
City has five (5) days to cure a breach after written notice of the breach. If the
breach is not cured, termination is immediate. All compensation under this
Agreement shall be prorated to the date of termination.
4. Compensation: Each party agrees that services rendered under this
Agreement are adequately compensated by the services received.
5. Applicable Law: This Agreement and all materials andlor issues collateral
thereto shall be governed by the laws of the State of Texas applicable to contracts
made and performed entirely therein.
6. m: Venue to enforce this Agreement shall lie exclusively in Dallas
County, Texas.
7. Waiver: The failure of any party hereto to exercise the rights granted them
herein upon the occurrence of any of the contingencies set forth in this Agreement
shall not in any event constitute a waiver of any such rights upon the occurrence of
any such contingencies.
lnterlae~l Agreement
Bemeen
Dallas County Can~munily College District
And The
City of Cappell, Texas
July 10,2008
Page4 of6
8. Assignment: Neither party may assign their interest in this Agreement
without the written permission of the other party.
9. Notice: 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 if sent by facsimile transmission or mailed by certified mail, return
receipt requested, postage prepaid, and addressed as follows:
Dallas County Community College District
To:
City of Coppell
To:
Either party reserves the right to designate in writing to the other party any
change of name, change of person, or address to which the notices shall be
sent.
10. Nondiscrimination: Parties to this Agreement shall not discriminate on
the basis of race, sex, national origin, disability, or religion.
Interloe~l Agreement
Between
Dallas County Community College District
And The
City olcoppell, Texas
July 10,2008
Page 5 016
EXECUTED in duplicate original counterparts effective upon the date indicated
above.
City of Coppell, Texas
By: Date:
Douglas N. Stover
ATTEST:
Libby Ball
City Secretary
APPROVED AS TO FORM:
Robert E. Hager,
City Attorney
ollege District
ATTEST:
Interloesl Agreement
Behveen
Dallas County Community College District
And The
City of Coppell, Texas
July 10,2008
Page 6 of 6
Dallas County Community College District
Acknowledgement
THE STATE OF TEXAS 9
5
COUNTY OF DALLAS 5
BEFORE ME, the undersigned authority, a Notary Public in and for said
County and State, on this day personally appeared Wright Lassiter, Chancellor of the
DALLAS COUNTY COMMUNITY COLLEGE DISTRICT, known to me to be the
person and officer whose name is subscribed to the foregoing instrument and
acknowledged to me that the same was the act of the said DALLAS COUNTY
COMMUNITY COLLEGE DISTRICT, a governmental entity, that he is duly
authorized to perform the same by approval from the Board of Trustees of such and
that he executed the same as the act of the said Community College District for
purposes and consideration therei
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
er.- , A.D., 20ng.
My Commission Expires:
Mayor's Acknowledgment
THE STATE OF TEXAS 8
§
COUNTY OF DALLAS 5
BEFORE ME, the undersigned authority, a Notary Public in and for said
County and State, on this day personally appeared Douglas N. Stover, Mayor of the
city of Coppell, Texas, a municipal corporation, known to me to be the person and
officer whose name is subscribed to the foregoing instrument and acknowledged to
me that the same was the act of the said City of Coppell, Texas, a municipal
corporation, that he is duly authorized to perform the same by appropriate resolution
of the City Council of the City of Coppell and that he executed the same as the act of
the said City for purposes and consideration therein expressed, and in the capacity
therein stated.
Douglas N. Stover
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, A.D., 20 -.
Notary Public In and For the State of Texas
My Commission Expires:
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
Police
October 28, 2008
11
✔
CONTRACT/BID or PROPOSAL
Consider approval to award Quote# 001r to Caldwell Country Chevrolet for the purchase of fourteen (14) 2009
Chevrolet Tahoe PPV's in the amount of $345,548 as approved in the FY 08/09 budget; and authorizing the City
Manager to sign.
The Police Tahoes are on a three year replacement schedule with FY 08/09 being a replacement year.
Funds are available in the Coppell Crime Control and Prevention District (1/4% sales tax) for this purchase.
Staff recommends approval.
)Police Tahoes
QUOTE# 001r CONTRACT PRICING
WORKSHEET
End User: CITY OF COPPELL Contractor: Baby Jack Auto Group
Contact Name: MARK BROCHTRUP CALDWELL COUNTRY CHEVROLET
Email: MBROCHT@CI.COPPELL.TX.US Prepared By: Averyt Knapp
Phone #: 972-462-5175 Email:
aknapp@caldwellcountry.com
Fax #: 972-462-5170 Phone #: 800-299-7283 or 979-
567-6116
Location City & State: COPPELL, TX Fax #: 979-567-0853
Date Prepared: OCTOBER 20, 2008 Address: P. O. Box 27,
Caldwell, TX 77836
Contract: TARRANT COUNTY INTERLOCAL Tax ID # 14-1856872
Product Description: 2009 CHEVROLET TAHOE PPV CC10706
A Base Price: $24,682
B Published Options
Code Description Cost Code Description Cost
AMF KEYLESS ENTRY INCL BABY JACK II AUTOMOTIVVE,
LTD
6N5 REAR WINDOW SWITCH
INOP
INCL CALDWELL COUNTRY CHEVROLET
9G8 DAYTIME DELETE INCL PO BOX 27
VK3 LICENSE BRACKET INCL CALDWELL,TEXAS 77836
7X7 LH&RH SPOTLIGHTS (2) INCL G80 LOCKING DIFFERENTIAL INCL
6A6 DUAL BATTERIES INCL 6E2 SINGLE KEY FLEET INCL
Subtotal B
C Unpublished Options
Code Description Cost Code Description Cost
Subtotal C
D Other Price Adjustments (Installation, Delivery, Etc…)
Subtotal D
INCL
E Unit Cost Before Fee & Non-Equipment Charges(A+B+C+D) $24,682
Quantity Ordered
X
14
Subtotal E
$345,548
F Non-Equipment Charges (Trade-In, Warranty, Etc…)
G. Color of Vehicle: WHITE
H. Total Purchase Price (E+F) $345,548
Estimated Delivery
Date:
60-90 DAYS
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 28, 2008
12
✔
CONTRACT/BID or PROPOSAL
Consider renewal and extension of Solid Waste Collection and Recycling Agreement with Waste Management until
October 31, 2014, maintaining twice a week waste pickup, and once per week recycling, and authorizing the City
Manager to sign.
Extends existing agreement an additional four years. Waste Management must provide 65-gallon recycle carts to all
single family service units within 180 days of approval. Rate will increase from $14.57 to $15.63 and be frozen for two
years. Agreement also calls for mandatory multifamily recycling program. (See attached memo and timeline.)
Staff recommends approval.
!Waste
MEMORANDUM
Date: September 22, 2008
To: Mayor and City Council
From: Jim Witt, City Manager
Subject: Municipal Solid Waste Collection & Transportation Agreement
Enclosed is a copy of the latest Waste Management proposed agreement for residents of Coppell
and the City in providing solid waste collection services. The following are some of the major
points in the agreement, which we should pay particular attention to:
1. Six-year deal beginning November 1, 2008 and ending October 31, 2014.
2. Includes a new recycling rebate based on tonnage collected and pounds collected per
average household in Coppell. Based on present numbers we figure this will generate
$2,000 to $3,000 per month and, hopefully, more as our education program continues to
roll out.
3. Waste Management has 180 days to implement a new recyclable roll-out cart program
based on our needs and request.
4. Waste Management has until April 1, 2009 to propose a recycling program for our 3,000
multi-family units.
5. Maintains a 15 percent franchise fee.
6. Provides a two-year freeze on rates until November 1, 2010, yet maintains the CPI rate
adjustment after the initial two-year freeze. The maximum CPI rate adjustment would be
6 percent.
7. Fuel adjustment: Provides one percent increase if diesel fuel rates exceed by 25 cents a
$4.25 ceiling number during the contract period.
Mayor and City Council
September 22, 2008
Page Two
8. Continues community support with a dollar value of $12,000.
9. Provides an Act of God amount of $15,000 to be utilized by the City at our discretion
during wind storms, etc. If the funds are not expended during each calendar year, the
money then reverts to the City.
10. Continues the free waste collection services for City facilities, provides 12 roll-off units
per year for City events, and provides the City with free landfill use up to 450 cubic yards.
I am also attaching the milestone program completed by our staff with regard to solid waste
recycling and yard trimming milestones that reflect some of the proposed changes in the agreement
and information gleaned from the latest solid waste survey. We intend to discuss this at your first
meeting in October. Please do not hesitate to contact me if you have any questions or concerns.
JW:kb
Enclosure
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
MUNICIPAL SOLID WASTE COLLECTION AND TRANSPORTATION AGREEMENT - Page 1
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
MUNICIPAL SOLID WASTE COLLECTION AND TRANSPORTATION AGREEMENT - Page 2
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 three (3) cubic yards 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
65 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.
MUNICIPAL SOLID WASTE COLLECTION AND TRANSPORTATION AGREEMENT - Page 3
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
65-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
Material is not solid waste. However, Recyclable Material may become Solid
MUNICIPAL SOLID WASTE COLLECTION AND TRANSPORTATION AGREEMENT - Page 4
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 65 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 10, 20, 30, 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;
b) Solid, dirt, rock, sand, and other natural or man-made inert solid
MUNICIPAL SOLID WASTE COLLECTION AND TRANSPORTATION AGREEMENT - Page 5
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.
1.37. Waste: All Residential Waste, Commercial Waste, and Industrial Waste to be
MUNICIPAL SOLID WASTE COLLECTION AND TRANSPORTATION AGREEMENT - Page 6
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 “B” 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
Polycart collection program, new Residential Unit rates as set forth
MUNICIPAL SOLID WASTE COLLECTION AND TRANSPORTATION AGREEMENT - Page 7
in the attached Schedule “A” shall take effect January 1, 2009.
Each Residential Unit shall be entitled to obtain additional 65
gallon or 95 gallon Polycarts 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,
Contractor shall not be required to collect Recyclable Materials if the
MUNICIPAL SOLID WASTE COLLECTION AND TRANSPORTATION AGREEMENT - Page 8
Customer does not segregate the Recyclable Materials from the remainder
of the Residential Waste. Base Rates charged to Residential Units will be
increased to contain the applicable charge for Recyclables collection
effective January 1, 2009.
(d) Recycling Containers:
(i) Contractor shall provide one (1) 65-gallon 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 shall provide twenty-five (25) recycling containers
during the first quarter of each Agreement year at no charge to the
City.
(iv) 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.
MUNICIPAL SOLID WASTE COLLECTION AND TRANSPORTATION AGREEMENT - Page 9
(v) 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.
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.
MUNICIPAL SOLID WASTE COLLECTION AND TRANSPORTATION AGREEMENT - Page 10
6.03. Holidays: The following shall be holidays for purposes of this Agreement:
New Year's Day
Memorial Day
Independence Day
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.
MUNICIPAL SOLID WASTE COLLECTION AND TRANSPORTATION AGREEMENT - Page 11
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
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.
(b) 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
MUNICIPAL SOLID WASTE COLLECTION AND TRANSPORTATION AGREEMENT - Page 12
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.
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 Schedules "A" and “B”,and will not be adjusted for
changes in the CPI (as hereinafter defined), until January 1, 2011. Commencing
on January 1, 2011 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
are shown on Schedule “B”, Said rates will increase by two percent (2) on
January 1, 2009. Base rates will increase by two percent (2%) on January 1, 2010.
Beginning January 1, 2011, 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 January 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 November 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 November of the preceding year through October of the current
MUNICIPAL SOLID WASTE COLLECTION AND TRANSPORTATION AGREEMENT - Page 13
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
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:
MUNICIPAL SOLID WASTE COLLECTION AND TRANSPORTATION AGREEMENT - Page 14
Contractor shall maintain an office or such other facility through which it may be
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:
MUNICIPAL SOLID WASTE COLLECTION AND TRANSPORTATION AGREEMENT - Page 15
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
MUNICIPAL SOLID WASTE COLLECTION AND TRANSPORTATION AGREEMENT - Page 16
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
MUNICIPAL SOLID WASTE COLLECTION AND TRANSPORTATION AGREEMENT - Page 17
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:
City and Contractor agree to maintain at their respective places of business adequate
MUNICIPAL SOLID WASTE COLLECTION AND TRANSPORTATION AGREEMENT - Page 18
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
MUNICIPAL SOLID WASTE COLLECTION AND TRANSPORTATION AGREEMENT - Page 19
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 20
(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
B;
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 C 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. Contractor shall
MUNICIPAL SOLID WASTE COLLECTION AND TRANSPORTATION AGREEMENT - Page 21
owe no rebate to the City for any period of time where the OBM Yellow Sheet reflects
rates that are lower than at the inception of this Agreement.
(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
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………………$14.57
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……………………….$15.63
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
NOTE: THE SENIOR CITIZEN RATE IS DISCOUNTED BY 10% FROM THE ABOVE
RATES
2x trash, 1x recycle/yd trim. $15.63
senior discount $14.10
Rate 3 (Please Describe) $0.00
Rate 4 (Please Describe) $0.00
Rate 5 (Please Describe) $0.00
Container Size / Type 1XWK 2XWK 3XWK 4XWK 5XWK 6XWK 7XWK EXTRA PU
Commercial Hand-PU (1-5 Bags)$19.39 N/A N/A N/A N/A N/A N/A N/A
Commercial Hand-PU (6-10 Bags)$24.05 N/A N/A N/A N/A N/A N/A N/A
Commercial Hand-PU (1 Toter)N/A N/A N/A N/A N/A N/A N/A N/A
Commercial Hand-PU (2 Toter)N/A N/A N/A N/A N/A N/A N/A N/A
Commercial Hand-PU (3 toters)N/A N/A N/A N/A N/A N/A N/A N/A
3 Yard FEL Container $85.67 $142.62 $189.24 $236.20 $288.77 $342.01 N/A $28.40
4 Yard FEL Container $105.17 $204.85 $280.86 $355.59 $431.23 $517.52 N/A $38.55
6 Yard FEL Container $127.86 $218.70 $315.10 $401.36 $483.65 $571.00 N/A $41.00
8 Yard FEL Container $161.98 $276.24 $389.37 $485.17 $594.68 $704.46 N/A $55.06
10 Yard FEL Container N/A N/A N/A N/A N/A N/A N/A N/A
2 Yard FEL Compactor $302.61 $390.65 $479.79 $568.91 $656.95 $746.08 $835.21 $99.04
3 Yard FEL Compactor $318.02 $423.65 $527.09 $632.74 $738.38 $841.82 $947.46 $110.04
4 Yard FEL Compactor $355.44 $455.57 $582.11 $708.66 $835.21 $959.56 $1,013.68 $132.05
6 Yard FEL Compactor $375.23 $534.81 $694.36 $852.83 $1,013.48 $1,094.74 $1,333.70 $143.06
8 Yard FEL Compactor $428.06 $621.73 $814.31 $1,007.58 $1,143.84 $1,394.22 $1,586.80 $154.05
10 Yard FEL Compactor N/A N/A N/A N/A N/A N/A N/A N/A
REDELIVERY RATE FOR NON-PAYMENT: $42.92
Container Size / Type
Delivery
Rate
Rental
Rate
BY Month
or Day Rate
Hauling Charge
(Per Pull Total
or Haul + Disp)
Haul Rate
per Pull
Disposal
Rate per
ton Liner
20 Yard (Open-Top) $57.66 $155.06 Month $230.13 N/A 48.22
30 Yard (Open-Top) $57.66 $155.06 Month $263.59 N/A 48.22
40 Yard (Open-Top) $57.66 $155.06 Month $334.43 N/A 48.22
10 yard open top $56.51 $151.96 Month $225.53 N/A 48.22
20 Yard (Compactor) N/A N/A N/A N/A
25 Yard (Compactor) N/A N/A N/A N/A
30 Yard (Compactor) $80.19 $390.08 Month $333.20 N/A
35 Yard (Compactor) $80.19 $390.08 Month $349.05 N/A
40 Yard (Compactor) N/A N/A N/A N/A
42 Yard (Compactor) $80.19 $390.08 Month $390.08 N/A
TRIP CHARGE RATE: N/A
SCHEDULE B, CITY OF COPPELL RATES
EFFECTIVE JANUARY 1, 2009
FREQUENCY PER WEEK
RESIDENTIAL RATES
COMMERCIAL RATES
ROLL-OFF RATES
CITY OF COPPELL
SCHEDULE “C”
RESIDENTIAL RECYCLING REBATE PROGRAM
The residential recycling rebate schedule is established as follows:
• The baseline is an average of 29 pounds per home, per month.
• Rebate payment begins after a 10% improvement from the baseline.
• If the amount of the increase equals or exceeds a 10% increase, then the
baseline of 29 pounds per home, per month is subtracted from the new
total tons per month, and then multiplied by $14.00 per ton.
The following are examples of the process to be used:
HOUSE POUNDS/ TONS/ LBS./ % REBATE
COUNT MONTH MONTH HOME INCREASE @$14.00/TON
10,600 307,400 153.7 29.0 0 -0-
10,600 350,000 175.0 33.0 14% $298.20
10,600 400,000 200.0 37.7 30% $648.20
10,700 320,000 160.0 29.9 3% -0-
10,700 360,000 180.0 33.6 16% $368.20
10,700 500,000 250.0 46.7 61% $1,329.00
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Secretary
October 28, 2008
13
✔
ORDINANCE
Consider approval of an Ordinance repealing Ordinance No. 2008-1189 in its entirety and amending the Code of
Ordinances by amending Chapter 9, "General Regulations," by adding Article 9-27, "Crime Control and Prevention
District;" providing for the establishment of the district; providing for appointment, meetings, term and vacancies,
providing a bond requirement; providing for the officers of the Board of Directors; providing for voting; providing for
the responsibility of the district; providing for the fiscal year; providing a sunset provision; and authorizing the Mayor to
sign.
As a result of the outcome of the November 2007 election, in January, 2008 Council approved Ordinance No.
2008-1189. After further consideration, the City Attorney advised that the Ordinance should be included in the Code
of Ordinances. This ordinance repeals the January ordinance and amends the Code of Ordinances.
Staff recommends approval.
%crimedistrict
AN ORDINANCE OF THE CITY OF COPPELL
ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING CHAPTER 9, “GENERAL REGULATIONS,” BY
ADDING ARTICLE 9-27, "CRIME CONTROL AND
PREVENTION DISTRICT”; PROVIDING FOR THE
ESTABLISHMENT OF THE DISTRICT; PROVIDING FOR
APPOINTMENT, MEETINGS, TERM AND VACANCIES;
PROVIDING A BOND REQUIREMENT; PROVIDING FOR THE
OFFICERS OF THE BOARD OF DIRECTORS; PROVIDING FOR
VOTING; PROVIDING FOR RESPONSIBILITY OF THE
DISTRICT; PROVIDING FOR THE FISCAL YEAR; PROVIDING
A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council ordered a special election by Ordinance No. 2007-
1178 to establish a Crime Control District; and
WHEREAS, the citizens voted on and approved the Crime Control and
Prevention District; and
WHEREAS, the City Council has appointed a temporary board to adopt a two (2)
year crime control plan and budget in accordance with state law; and
WHEREAS, the City Council deems it advisable to amend the Code of
Ordinances to provide for the establishment of the Crime Control and Prevention District
and to establish rules and regulations for its board of directors, its operation, and
expenditures of sales tax funds for the purposes permitted by state law.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF
COPPELL, TEXAS:
SECTION 1. That Chapter 9 of the Code of Ordinances be, and the same is,
hereby amended by adding Article 9-27, “Crime Control and Prevention District,” which
shall read as follows:
“ARTICLE 9-27. CRIME CONTROL AND PREVENTION
DISTRICT
Sec. 9-27-1 Establishment.
Page 1
TM 31903.2.000
There is hereby established the Coppell Crime Control and Prevention
District which shall consist of all of the real property located within the
jurisdictional boundaries of the City of Coppell, Dallas and Denton
County Texas.
Sec. 9-27-2. Appointment; Term; Meetings; Vacancies.
A. The board of directors of the Crime Control and Prevention
District shall consist of seven (7) members and shall consist of the city
council of the City of Coppell. Such members shall serve for a period of
two (2) years from the date of their appointment.
B. Board members shall serve a staggered two (2) year term which
shall expire on or about September 1st of each year, except that the initial
members under this section shall consist of three (3) directors for a one
year term and four (4) directors for a two year term which shall expire on
September 1st after the year appointed.
C. Any vacancy that occurs on the board shall be filled for the
unexpired term in the same manner that the vacant position was originally
filled.
D. The board shall meet annually on or after May 1st of each year to
perform its duties and responsibilities under state law and this ordinance.
The board may also meet in accordance with the rules and regulations
adopted by the board to govern its proceedings.
E. The board shall perform those duties and responsibilities as
provided under state law.
Sec. 9-27-3. Bond.
Each director and/or officer of the Crime Control and Prevention
District shall execute a bond in the amount of five thousand dollars
($5,000) payable to the District as a condition on the faithful performance
of their duties as Director. The bond shall be kept in the permanent record
of the District and District funds may be used for the payment of such
bonds.
Sec. 9-27-4. Officers of the Board of Directors.
A. The board shall annually select a president and vice-president from
among its members. The board shall annually appoint a secretary. The
secretary need not be a director. The City finance director shall be
appointed to serve as the treasurer for the District. Such appointed
officers shall serve for a one (1) year term. All the directors and officers
shall serve without compensation. Any reasonable expenses that are
incurred for and on behalf the District may be reimbursed for the actual
Page 2
TM 31903.2.000
expenses incurred in the performance of the duties and the board may
authorize payment for such reasonable expenses with District funds.
B. The board may appoint such other officers as it deems necessary.
Sec. 9-27-5. Voting.
A concurrence of the majority of the members of the board is
necessary for all matters relating to business. A two-thirds majority vote
of the board is required to reject any application for funding available
under this article.
Sec. 9-27-6. Responsibilities.
A. The District may finance any and all costs of crime control and
prevention programs in the City of Coppell including the cost for
personnel, administration, expansion, enhancement, and capital
expenditures. Such expenditures may be in accordance with state law.
B. The District shall have all of the duties, responsibilities and
authority granted to it under § 363.001 et seq. of the Texas Local
Government Code, except as may be amended herein.
Sec. 9-27-7. Fiscal Year.
The fiscal year of the Crime Control and Prevention District shall
begin on the 1st day of October and end on the 30th day of September of
each year.”
SECTION 2. 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 of the Ordinances of the City not in conflict with the
provisions of this ordinance shall remain in full force and effect.
SECTION 3. That should any word, sentence, paragraph, subdivision, clause,
phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be
adjudged or held to be void or unconstitutional, the same shall not affect the validity of the
remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which
shall remain in full force and effect.
Page 3
TM 31903.2.000
SECTION 4. That this ordinance shall take effect immediately from and after its
passage as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
_______ day of ___________________, 2008
APPROVED:
____________________________________
DOUGLAS N. STOVER, MAYOR
ATTEST:
____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 10/08/08)
Page 4
TM 31903.2.000
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 28, 2008
14
✔
ORDINANCE
Consider approval of appointments to the Crime Control and Prevention District.
Seven members need to be appointed to the Board. Three of the initial appointees will serve a one-year term and
four appointees will serve two-year terms. After the initial appointments, all members thereafter appointed will serve
two-year terms.
%crimecontrol
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 28, 2008
15
✔
PROCEDURAL
Consider approval of Coppell 2030 Council Goals.
This item is to approve the strategic goals and objectives established at the recent Council retreat and in accordance
with the Coppell 2030 Vision.
Staff recommends approval.
%goals
KEY TO COUNCIL GOALS ICONS
COPPELL VISION 2030
Sustainable City Government
• Excellent City Services with high level of Customer Satisfaction
• “Green” City Operations and Facilities
• Excellent and Well-maintained City Infrastructure and Facilities
• Top Quality City Workforce
• Financial Resources to Support City Services
Business Prosperity
• Retention and Attraction of Businesses that generate revenues for the City
• Major Retail and Top Quality Business Office Park along I-635 and SH 121
• Old Coppell as a Small Town Village
• Community Commercial Centers
• House Offices and Home-Based Businesses
Community Wellness and Enrichment
• Community Gathering Places
• Recreation Programs and Services for all Generations
• Expand Cultural Arts Amenities and Opportunities
• Residents’ Wellness and Longevity
• Community Education Programs and Support of Top Quality Schools
• Multi-Use Trail Systems Connecting the City
Sense of Community
• Residents and Businesses Engaging and Contributing to the Coppell Community
• Strong Community Events and Festivals
• New Residents Welcome and Involved
• Effective Community Partnerships
• Future Civic Community Leaders’ Development
Special Place to Live
• Quality Housing for Family Generations
• Beautiful Green City
• Revitalizing Neighborhoods
• Mobility within Coppell
• Easy Access to Dallas-Fort Worth Regions
AGENDA REQUEST FORM DATE: October 28, 2008
ITEM #: 16
MAYOR AND COUNCIL REPORTS
A. Report by Mayor Stover regarding Oaktoberfest.
B. Report by Mayor Stover regarding the Halloween Fair at the Coppell Aquatics and
Recreation Center.
C. Report by Mayor Stover October 21 State Legislative Candidate Forum
D. Report by Councilmember Tunnell regarding National League of Cities Community
and Economic Development Steering Committee Meeting.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
AGENDA REQUEST FORM
DATE: October 28, 2008
ITEM #: 17
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 – Councilmember 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.
Agenda Request Form - Revised 06/03 Document Name: %ccommreport
AGENDA REQUEST FORM
DATE: October 28, 2008
ITEM #: 18
NECESSARY ACTION RESULTING FROM WORK SESSION
Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork
AGENDA REQUEST FORM
DATE: October 28, 2008
ITEM #: 19
NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec
CERTIFICATE OF AGENDA ITEM SUBMISSION
Council Meeting Date: October 28, 2008
Department Submissions:
Item Nos. 9/F and 9/G 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. 9/H and 9/I were placed on the Agenda for the above-
referenced City Council meeting by the Parks Department. I have
reviewed the Agenda Requests (and any backup if applicable) and hereby
submit these items to the City Council for consideration.
____________________
Parks Department
Item Nos. 9/J, 9/K, 10 and 11 were placed on the Agenda for the above-
referenced City Council meeting by the Police Department. I have
reviewed the Agenda Requests (and any backup if applicable) and hereby
submit these items to the City Council for consideration.
____________________
Police 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