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CP 2009-11-10 NOTICE OF CITY COUNCIL MEETING AND AGENDA NOVEMBER 10, 2009 JAYNE PETERS, KAREN HUNT, Place 7 Mayor Mayor Pro Tem TIM BRANCHEAU, Place 1 MARSHA TUNNELL, Place 4 BOB MAHALIK, Place 2 BILLY FAUGHT, Place 5 BRIANNA HINOJOSA-FLORES, Place 3 MARVIN FRANKLIN, Place 6 CLAY PHILLIPS, 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 7:30 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, November 10, 2009, at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:30 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. ag111009 Page 1 of 7 ITEM # ITEM DESCRIPTION EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code – Consultation with City Attorney. 1. Discussion regarding the Open Meetings Act. B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects north of Canyon and west of Coppell Road. 2. ED Prospects south of Bethel Road and west of S. Coppell Road. WORK SESSION (Open to the Public) 3. Convene Work Session A. Discussion regarding Appraisal District Nominees. B. Discussion regarding City Limit Entrance Signs. C. Discussion regarding Legislative Services. D. Discussion regarding Transportation Consulting Services. E. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. 6. Pledge of Allegiance. 7. Consider approval of a proclamation naming November 15, 2009 as Engineering and Technology Awareness Day, 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 27, 2009. B. Consider approval of awarding Bid No. 0909-03 for electrical services in two parts: part one to Pat Dillahey Electric for general ag111009 Page 2 of 7 ITEM # ITEM DESCRIPTION electrical services; and part two to Groves Electrical Services, Inc. for ballfield lighting services for a twelve month period beginning December 1, 2009, with options to renew an additional four years as budgeted; and authorizing the City Manager to sign. C. Consider approval of an agreement with Oncor Electric Delivery to provide street lighting along both sides of South Coppell Road between Bethel Road and Burns Street in the amount of $82,092.45, as provided for in CIP funds; and authorizing the City Manager to sign. D. Consider approval to purchase from Philpott Motors, Inc. one (1) 2010 Ford F250 Pick-up Truck in the amount of $31,508.33 for the Parks Department, two (2) 2010 Ford Escape Hybrid's in the amount of $28,973.39 each for the Police Department, and one (1) Ford F350 Cab/Chassis SRW in the amount of $38,228.33 for the Utilities Department through an Inter-local Agreement with Buyboard as budgeted, and authorizing the City Manager to sign all related documentation. E. Consider approval of awarding a bid to Professional Turf Products in the amount of $100,544.66, for the purchase of Grounds Maintenance Equipment as budgeted; and authorizing the City Manager to sign. F. Consider approval of a resolution authorizing execution of Agreements with the Texas Department of Transportation allowing maintenance of landscaped areas within the rights-of way of Interstate Highway 635 and Freeport Parkway, and authorizing the Mayor to sign the necessary documentation. G. Consider approval of an Ordinance for Case No. PD-199R5-HC-S- 1211R2, Service Star, a zoning change from PD-199R4-HC-S-1211R2 (Planned Development-199-Highway Commercial Revision 4- Special Use Permit-1211 Revision 2) to PD-199R5-HC-S-1211R2 (Planned Development-199-Highway Commercial Revision 5- Special Use Permit-1211 Revision 2), to revise the detail site plan to allow the subdivision of Lot 4 into two lots, recognizing the existing developments and adding PD conditions, on 2.2 acres of property located at the southwest corner of S.H. 121 and MacArthur Blvd and authorizing the Mayor to sign. ag111009 Page 3 of 7 ITEM # ITEM DESCRIPTION H. Consider approval of an Ordinance for Case No. PD-242-HC, Holiday Inn Hotel & Suites, a zoning change from LI (Light Industrial) to PD-242-HC (Planned Development District-242-Highway Commercial) for a Concept Plan on 9.078 acres for retail/office/hotel and restaurant uses within the City of Coppell (this does not include the 7.043 acres in the City of Grapevine) and to attach a Detail Plan on 3.03 acres of property to allow a six-story, 128-room, Holiday Inn Hotel & Suites to be located on the south side of Northpoint Drive, east of S.H. 121 and authorizing the Mayor to sign. END OF CONSENT 10. Consider approval of an Ordinance authorizing the issuance and sale of City of Coppell, Texas, General Obligation Refunding Bond, Series 2009, levying an annual ad valorem tax and providing for the security for and payment of said bond; and enacting other provisions relating to the subject and authorizing the Mayor to sign. 11. Consider approval of a consulting services contract for preparation of the Comprehensive Plan for the City of Coppell with Bucher, Willis & Ratcliff Corporation (BWR) in the amount of $159,000 and authorizing the City Manager to sign. 12. PUBLIC HEARING: Consider approval of Case No. S-1108R4-SF-9, Verizon, a zoning change request from S-1108R-SF-9 (Special Use Permit-1108 Revised - Single Family- 9) to S-1108R4-SF-9 (Special Use Permit-1108 Revision 4 - Single Family-9), to allow the replacement of an existing 80-square-foot accessory cabinet with a 190-square-foot cabinet at the base of the tower on approximately 750 square feet of lease area located approximately 1,100 feet north of East Belt Line Road within the electric transmission line easement. 13. PUBLIC HEARING: Consider approval of Case No. PD-222R3-LI, Duke Lesley Addition (Point West VII), Lot 2, Block A, a zoning change request from PD-222R2-LI (Planned Development-222 Revision 2-Light Industrial) to PD-222R3-LI (Planned Development-222 Revision 3-Light Industrial), to revise the Detail Site Plan to allow the striping of 91 additional parking spaces within the existing truck court area and construction of 13 new parking spaces in the front yard on approximately 36.17 acres of property located on the north ag111009 Page 4 of 7 ITEM # ITEM DESCRIPTION side of Dividend Drive, approximately 1,200 feet west of South Belt Line Road (240 Dividend Drive). 14. PUBLIC HEARING: Consider approval of Case No. PD-222R4-LI, Duke Lesley Addition (Point West VII), Lot 3, Block A, a zoning change request from PD-222-LI (Planned Development-222 - Light Industrial) to PD-222R4-LI (Planned Development- 222 Revision 4-Light Industrial), to establish a Detail Site Plan to allow the development of a shared parking area (253 parking spaces) on 2.9 acres of property located on the north side of Dividend Drive, approximately 1,000 feet west of South Belt Line Road. 15. Consider approval of the Duke Lesley Addition, (Point West VII), Lot 3, Block A, Minor Plat, to allow the development of a shared parking area (253 parking spaces) on 2.9 acres of property located on the north side of Dividend Drive, approximately 1,000 feet west of South Belt Line Road. 16. PUBLIC HEARING: Consider approval of Case No. PD-244-TH-2, Willow Park, a zoning change request from C (Commercial) to PD-244-TH-2 (Planned Development-244- Townhouse-2) to allow 24 detached townhouse units and to amend the Land Use Plan of the 1996 Comprehensive Plan from Freeway Commercial and Light Industrial/Showroom to Residential – Medium Density on 3.81 acres of property located approximately 337 feet east of S.H. 121 along the north side of Coppell Road. 17. PUBLIC HEARING: Consider approval of the St. Andrews Estates, Lot 21R, Block 1, Replat, being a replat of Lots 21 and 22 of St. Andrews Estates, into one lot to allow the construction of one single-family home on 24,409 square feet of land located on the west side of Inglenook Court, approximately 96 feet north of DeForest Road. 18. Consider approval of awarding a bid to Utz Environmental Services in the amount of $177,348.00, for the installation of the Creekview-Bethel Road Trail; and authorizing the City Manager and CRDC President to sign the necessary documents. 19. Consider approval of awarding a bid to Utz Environmental Services in the amount of $115,871.00 for the installation of the Hunterwood Improvements; and authorizing the City Manager and CRDC President to sign the necessary documents. ag111009 Page 5 of 7 ITEM # ITEM DESCRIPTION 20. Consider approval of an Economic Development Agreement by and between the City of Coppell and Uline, Inc. , and authorizing the Mayor to sign. 21. Consider approval of an Economic Development Agreement by and between the City of Coppell and West Bethel Properties LLC , and authorizing the Mayor to sign. 22. Consider approval of a Resolution approving the City of Coppell casting its vote for the fourth member of the Board of Directors of the Dallas Central Appraisal District, and authorizing the Mayor to sign. 23. Consider approval of a Resolution approving the City of Coppell casting its vote(s) for member(s) of the Board of Directors of the Denton Central Appraisal District, and authorizing the Mayor to sign. 24. City Manager's Report. A. Project Update and Future Agendas. 25. Mayor and Council Reports. A. Report by Mayor Peters regarding the Metroplex Mayors’ Meeting. B. Report by Mayor Peters regarding the Holiday Parade and Celebration, December 5th starting at 6:30. C. Report by Mayor Peters regarding the Make a Child Smile Program. 26. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. 27. Necessary action resulting from Work Session. 28. Necessary action resulting from Executive Session. Adjournment. ____________________________________ Jayne Peters, Mayor ag111009 Page 6 of 7 CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 6th day of November, 2009, at __________________. ____________________________________ Libby Ball, City Secretary DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON THE CITY'S WEBSITE (www.ci.coppell.tx.us) UNDER PUBLIC DOCUMENTS, COUNCIL PACKETS. PUBLIC NOTICES STATEMENT FOR ADA COMPLIANCE The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). ag111009 Page 7 of 7 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: November 10, 2009 ITEM #: ES-2 EXECUTIVE SESSION A. Section 551.071, Texas Government Code – Consultation with City Attorney. 1. Discussion regarding the Open Meetings Act. B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospects north of Canyon and west of Coppell Road. 2. ED Prospects south of Bethel Road and west of S. Coppell Road. Agenda Request Form - Revised 02/04 Document Name: %exsessn AGENDA REQUEST FORM DATE: November 10, 2009 ITEM #: WS-3 WORK SESSION A. Discussion regarding Appraisal District Nominees. B. Discussion regarding City Limit Entrance Signs. C. Discussion regarding Legislative Services. D. Discussion regarding Transportation Consulting Services. E. 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: City Manager November 10, 2009 7 ✔ PROCLAMATION Consider approval of a proclamation naming November 15, 2009 as ENGINEERING AND TECHNOLOGY AWARENESS DAY, and authorizing the Mayor to sign. Staff recommends approval. !Engineering - 1 AR PROCLAMATION WHEREAS, technology drives the global economy and the demand for engineers has never been greater; and WHEREAS, as the demand for engineers is steadily increasing, the number of engineers graduating from U.S. universities is declining; and WHEREAS, to reverse this trend, talented young students must be provided with opportunities, as soon as possible, to develop their talents for and interest in engineering and technology; and WHEREAS, to support this goal, Coppell High School is hosting its second annual Engineering Expo on Sunday, November 15th from 1 p.m. to 3:30 p.m.; and WHEREAS, working together, we can ignite the passion among our students for engineering and technology careers; the city of Coppell joins Coppell High School, students, firms, corporations and universities from all across North Texas, and the nation, in supporting this exciting event. NOW, THEREFORE, I, Jayne Peters, Mayor of the city of Coppell, do hereby proclaim November 15, 2009 as “ENGINEERING AND TECHNOLOGY AWARENESS DAY” IN WITNESS THEREOF, I have set my hand and caused the seal of the city of Coppell to be affixed this ___________ day of November 2009. _____________________________________ Jayne Peters, Mayor ATTEST: _______________________ Libby Ball, City Secretary AGENDA REQUEST FORM DATE: November 10, 2009 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 November 10, 2009 9/A ✔ PROCEDURAL Consider approval of minutes: October 27, 2009. Minutes of the City Council meetings held on October 27, 2009. Staff recommends approval. %minutes MINUTES OF OCTOBER 27, 2009 The City Council of the City of Coppell met in Regular Called Session on Tuesday, October 27, 2009 at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The following members were present: Jayne Peters, Mayor Karen Hunt, Mayor Pro Tem Tim Brancheau, Councilmember Bob Mahalik, Councilmember Brianna Hinojosa-Flores, Councilmember (late arrival) Marsha Tunnell, Councilmember Billy Faught, Councilmember Marvin Franklin, Councilmember (late arrival) Also present were City Manager Clay Phillips, City Secretary Libby Ball and City Attorney Robert Hager. 1. Call to order. Mayor Peters 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. Discussion regarding the Northlake Settlement Agreement. 2. Discussion with City Attorney regarding signage. B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospect West of Royal Lane and South of Northpoint. 2. Oil and Gas lease north of Ruby Road and south of Sandy Lake Road. C. Section 551.074, Texas Government Code - Personnel Matters. Cm1102709 Page 1 of 12 1. Discussion regarding the City Manager Evaluation Process. Councilmember Franklin arrived prior to convening Executive Session. Mayor Peters convened into Executive Session at 5:44 p.m. Mayor Peters recessed the Executive Session at 6:01 p.m. and opened the Work Session. Councilmember Hinojosa-Flores arrived during Executive Session. WORK SESSION (Open to the Public) 3. Convene Work Session A. Presentation regarding the Community-wide Trail Implementation Plan. B. Discussion regarding the proposed Outside Storage Ordinance. C. Discussion regarding the proposed Noise Ordinance. D. Discussion regarding the proposed Solicitor Ordinance, E. Discussion of Agenda Items. REGULAR SESSION (Open to the Public) 4. Convene Regular Session. 5. Invocation. Councilmember Franklin led those present in the Invocation. 6. Pledge of Allegiance. Christopher Griffiths and Waylon Thorton led those present in the Pledge of Allegiance. 7. Consider approval of a proclamation honoring Eagle Scout Christopher Avery Griffiths, and authorizing the Mayor to sign. Cm1102709 Page 2 of 12 Presentation: Mayor Peters read the Proclamation for the record and presented the same to Christopher Avery Griffiths. Action: Councilmember Franklin moved to approve a proclamation honoring Eagle Scout Christopher Avery Griffiths, and authorizing the Mayor to sign. Mayor Pro Tem Hunt seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 8. Consider approval of a proclamation naming the week of October 23 through October 31, 2009 as Red Ribbon Week, and authorizing the Mayor to sign. Presentation: Mayor Peters read the Proclamation for the record and presented the same to Officer R. J. Harr, Captain Tony Pletcher and McGruff. Action: Councilmember Tunnell moved to approve a proclamation naming the week of October 23 through October 31, 2009 as Red Ribbon Week, and authorizing the Mayor to sign. Councilmember Hinojosa-Flores seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 9. Consider approval of a proclamation naming the week of November 2, 2009 - November 6, 2009 as Municipal Courts Week, and authorizing the Mayor to sign. Presentation: Mayor Peters read the Proclamation for the record and presented the same to the Honorable Marian Moseley and the Honorable Kim Nesbitt. Cm1102709 Page 3 of 12 Action: Councilmember Hinojosa-Flores moved to approve a proclamation naming the week of November 2, 2009 - November 6, 2009 as Municipal Courts Week, and authorizing the Mayor to sign. Councilmember Faught seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 10. Annual State of the Court Address presented by the Honorable Marian Moseley. Judge Moseley gave the annual State of the Court address to the Council. 11. Report by Park Board. Jack Clark, Park Board Secretary, made the Board’s Semi-annual report to Council. 12. Citizens' Appearances. Mayor Peters advised no one signed up to speak. CONSENT AGENDA 13. Consider approval of the following consent agenda items: A. Consider approval of minutes: October 13, 2009. B. Consider approval to authorize the William T. Cozby Public Library to purchase library materials from contracted vendors, on an annual basis, as budgeted via the State of Texas Term Contract 715-N1-Print Materials and Multimedia (Electronic and Recorded) - Multi Language and authorize the City Manager to execute any necessary documents. Cm1102709 Page 4 of 12 Action: Councilmember Tunnell moved to approve Consent Agenda Items A and B. Councilmember Brancheau seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 14. Consider the approval of an ordinance amending the code of ordinances Chapter 9, Article 9-2, "Fence Regulations", by amending Section 9-2-1, "Definition", by adding a definition for composite; by amending section 9-2-7, "Materials, orientation and colors", by amending subsection (A) to permit composite fencing material, by amending subsection (B) to provide for permitted colors, and by adding subsection (C) to provide regulations for composite fences; and, by adding section 9-2- 11, to provide for enforcement; and authorizing the Mayor to sign. Presentation: Michael Arellano, Chief Building Official, made a presentation to Council. Action: Councilmember Tunnell moved to approve Ordinance No. 2009-1242 amending the code of ordinances Chapter 9, Article 9-2, "Fence Regulations", by amending Section 9-2-1, "Definition", by adding a definition for composite; by amending section 9-2-7, "Materials, orientation and colors", by amending subsection (A) to permit composite fencing material, by amending subsection (B) to provide for permitted colors, and by adding subsection (C) to provide regulations for composite fences; and, by adding section 9-2-11, to provide for enforcement; and authorizing the Mayor to sign. Councilmember Mahalik seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 15. Consider the approval of an ordinance amending Article 9-13, "Anti-noise Code", by changing the title to "Loud and disturbing noise and vibrations" and by amending section 9-13- 2 by providing for vibrations and specifics acts presume Cm1102709 Page 5 of 12 offensive to ordinary inhabitants; and, by adding subsection (I) providing permitted hours and days for construction activity; and subsection (J) providing for the operation of sound equipment; and authorizing the Mayor to sign. Presentation: Michael Arellano, Chief Building Official, made a presentation to Council. Action: Councilmember Franklin moved to approve Ordinance No. 2009-1243 amending Article 9-13, "Anti-noise Code", by changing the title to "Loud and disturbing noise and vibrations" and by amending section 9-13-2 by providing for vibrations and specifics acts presume offensive to ordinary inhabitants; and, by adding subsection (I) providing permitted hours and days for construction activity; and subsection (J) providing for the operation of sound equipment; and authorizing the Mayor to sign. Mayor Pro Tem Hunt seconded the motion; the motion carried 6-1 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Faught and Franklin voting in favor of the motion and Councilmember Tunnell voting against the motion. 16. Consider approval of an ordinance of the City of Coppell, Texas, amending Article 6-2, ""Peddlers and Solicitors", by repealing Section 6-2-12, "Handbills on Public Property," and replacing it with a new Section 6-2-12, prohibiting handbills on public property and regulating the distribution and placement of handbills on private property; and authorizing the Mayor to sign. Presentation: Roy Osborne, Police Chief, made a presentation to Council. Action: Councilmember Faught moved to approve Ordinance No. 2009-1244 of the City of Coppell, Texas, amending Article 6-2, ""Peddlers and Solicitors", by repealing Section 6-2-12, "Handbills on Public Property," and replacing it with a new Section 6-2-12, prohibiting handbills on public property and regulating the distribution and placement of handbills on private property with revisions; and authorizing the Mayor Cm1102709 Page 6 of 12 to sign. Councilmember Franklin seconded the motion; the motion carried 6-1 with Mayor Pro Tem Hunt and Councilmembers Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion and Councilmember Brancheau voting against the motion. 17. Consider approval of the Final Draft of the Community Wide Trail Implementation Plan. Presentation: John Elias, Parks Operation Manager, made a presentation to Council. Action: Councilmember Faught moved to approve the Final Draft of the Community Wide Trail Implementation Plan. Councilmember Franklin seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. 18. Consider approval of a variance to the Code of Ordinances, Section 6-14-5 B and the Subdivision Ordinance, Section 13, Appendix C, Section V, concerning the requirement for placement of underground utilities. Presentation: Ken Griffin, Director of Engineering, made a presentation to Council. Chris Bigham, representing Fiberlite, addressed questions of Council. EXECUTIVE SESSION (Closed to the Public) A. Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Peters convened into Executive Session at 9:23 p.m. Mayor Peters adjourned the Executive Session at 9:38 p.m. Cm1102709 Page 7 of 12 REGULAR SESSION (Open to the Public) Action: Councilmember Tunnell moved to deny a variance to the Code of Ordinances, Section 6-14-5 B and the Subdivision Ordinance, Section 13, Appendix C, Section V, concerning the requirement for placement of underground utilities. Motion died for lack of a second. Councilmember Brancheau moved to approve a variance to the Code of Ordinances, Section 6-14-5 B and the Subdivision Ordinance, Section 13, Appendix C, Section V, concerning the requirement for placement of underground utilities, subject to the following conditions: 1. Lines must be buried underground at the following locations: West Bethel Road at Royal Lane; West Bethel Road between Royal Lane and Freeport; Southwestern Boulevard at South Coppell Road and Denton Tap between Braewood and Sandy Lake Road; 2. Minimum clearances as prescribed by either state law or Oncor regulation on sag and pole connections with no wires being lower than 12 feet; 3. Wires will run only along existing line configuration; and 4. No new poles will be installed. Councilmember Franklin seconded the motion; the motion carried 6-1 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Faught and Franklin voting in favor of the motion and Councilmember Tunnell voting against the motion. 19. City Manager's Report. A. Project Update and Future Agendas. A. City Manager Clay Phillips reminded Council of the Joint Meeting scheduled for November 4 at the Library with the Planning and Zoning Commission and the Economic Development Committee. Gary Sieb, Director of Planning, will have a presentation on the Comprehensive Land Use Plan Process and Mindi Hurley, Economic Development Coordinator, will have a presentation on our current incentives, incentive packages we are considering, as well as those available in the Old Coppell section of town. The Cm1102709 Page 8 of 12 Parks and Recreation Department is hosting a Dive-In Movie on October 30. The movie features will be Hocus Pocus for the younger crowd and Jaws for the older crowd. A Veterans Day Ceremony will be held at Rolling Oaks on November 11 at 3pm. Gary Sieb, also a veteran, will represent the City and has agreed to speak. 20. Mayor and Council Reports. A. Report by Mayor Peters regarding the November 3rd Election. A. Mayor Peters spoke about the election on November 3. Early voting began on October 19 and will continue through October 30. There are no early voting locations in Coppell. On Election Day, Dallas County Coppell residents can vote at Town Center. Denton County Coppell residents will vote at Lewisville City Hall. 21. Public Service Announcements concerning items of community interest and no Council action or deliberation is permitted. Oakfest was held on October 24 and Mayor Peters thanked the Parks and Recreation Department for all their effort. Also, the CMSN Band filled in for the High School Band at the football game against Marcus. Mayor Peters complemented the band’s performance and thanked them for their participation. 22. Council Committee Reports. A. Carrollton/Farmers Branch ISD/Lewisville ISD – Tunnell B. Coppell ISD – Mahalik and Hinojosa-Flores. C. Coppell Seniors – Brancheau and Faught. D. Dallas Regional Mobility Coalition – Peters and Hunt. E. DFW Airport Board – Peters. F. International Council for Local Environmental Initiatives (ICLEI) – Brancheau G. Metrocrest Hospital Authority – Tunnell. H. Metrocrest Medical Foundation – Mahalik. I. Metrocrest Medical Services – Hinojosa-Flores. J. Metrocrest Social Services – Franklin. K. North Texas Council of Governments – Tunnell. L. NTCOG/Regional Emergency Management – Faught. Cm1102709 Page 9 of 12 M. North Texas Commission – Hunt. N. Senior Adult Services – Franklin. A. Councilmember Tunnell reported that the CFBISD School Board election has been canceled. Barbara Bush Middle School is hosting the Feast of Madrigal Dinner November 5-6 at 6:30pm. Mayor Peters visited the 2nd graders at Riverchase Elementary. The Ridgeview Fall Choir Concert is scheduled for October 28 at MacArthur Baptist Church. Riverchase Elementary Cici’s Night is November 4. B. Councilmember Hinojosa-Flores announced the Class of 2009 had the highest SAT scores in the history of CHS. A Discussion on Life Planning with Special Needs is scheduled for November 3 from 6- 7:30pm at the Brock Center. CHS has a Lecture Hall program on Cyberbullying scheduled for November 9 from 7-8:30pm. November 4 is a Come to the Discussion forum on High School Graduation Requirements. C. Councilmember Faught informed Council that the annual Thanksgiving Luncheon is November 11 at 11:30am. November 19 is Ballroom Dance Lessons from 6-6:30pm, with dancing following from 6:30-8:30pm. Gadabouts will be visiting Greenville, TX to tour the Audie Murphy Museum on November 5, the Eisenhower Birthplace State Historic Site in Denison, TX on November 17 and the Riverwind Casino in Norman, OK on November 30. D. Mayor Pro Tem Hunt, Mayor Peters, City Manager Clay Phillips and Ken Griffin, Director of Engineering attended the Cottonbelt Update presented by NCTCOG to discuss the development and process. E. Nothing to report. F. Nothing to report. G. Nothing to report. H. Nothing to report. I. Nothing to report. J. Councilmember Franklin reported a mini-retreat was held on October 22 at Carrollton Public Library. Statistics reported a 22% increase in food distribution, a 14% increase in overall services and a 9% increase in overall services and food distribution for Coppell residents alone since 2008. K. Councilmember Tunnell announced Vision North Texas Regional Summit will meet January 22. She also attended the focus group for the One Star Foundation, a CAD program for social service agencies in order for citizens to locate social service assistance. L. Nothing to report. M. Mayor Pro Tem Hunt stated a free webinar will be offered on November 3 regarding the great economic unraveling of 2008-2010 Cm1102709 Page 10 of 12 and its impact on the state and the US. Registration is available on the website. O. Councilmember Franklin reported Senior Adult Services will move to their new space at the Texas Hospital for Advanced Pain October 23-25. They will be up and running November 1 with an Open House scheduled for December 1 and a Holiday Party on December 12. The Golf Tournament was a success with 140 players. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. 1. Discussion regarding the Northlake Settlement Agreement. 2. Discussion with City Attorney regarding signage. B. Section 551.087, Texas Government Code – Economic Development Negotiations. 1. ED Prospect West of Royal Lane and South of Northpoint. 2. Oil and Gas lease north of Ruby Road and south of Sandy Lake Road. Mayor Peters reconvened into Executive Session at 10:11 p.m. The discussion involved Executive Session Items 2. A. 2. and 2. B. 1. and 2. Mayor Peters recessed the Executive Session at 10:29 p.m. EXECUTIVE SESSION (Closed to the Public) 2. Convene Executive Session A. Section 551.074, Texas Government Code - Personnel Matters. 1. Discussion regarding the City Manager Evaluation Process. Mayor Peters reconvened into Executive Session at 10:33 p.m. to discuss Executive Session Item 2. C. Mayor Peters recessed the Executive Session at 12:10 p.m. Cm1102709 Page 11 of 12 REGULAR SESSION (Open to the Public) 23. Necessary action resulting from Work Session. There was no action necessary under this item. 24. Necessary action resulting from Executive Session. Action: Councilmember Brancheau moved to approve a motion for an amendment to an agreement for an oil and gas lease by and between the City of Coppell MCGR Operating Inc. leasing such oil and gas rights of the City of Coppell by adding an additional 35 acres under the same terms and conditions of the original lease and authorizing the City Manager to sign. Councilmember Franklin seconded the motion; the motion carried 6-1 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Faught and Franklin voting in favor of the motion and Councilmember Tunnell voting against the motion. Action: Mayor Pro Tem Hunt moved to approve Resolution No. 2009-1027.1 of the City of Coppell, Texas, approving the terms and conditions of the omnibus amendment to contract of purchase and sale in lieu of eminent domain, settlement agreement and Northlake Water Supply Planning Agreement by and between Cypress Waters Land A, Ltd. and the City of Coppell, and authorizing the City Manager to execute the same, and providing an effective date. Councilmember Faught seconded the motion; the motion carried 7-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Tunnell, Faught and Franklin voting in favor of the motion. There being no further business to come before the City Council, the meeting was adjourned. ____________________________________ Jayne Peters, Mayor ATTEST: ____________________________________ Libby Ball, City Secretary Cm1102709 Page 12 of 12 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: Engineering November 10, 2009 9/B ✔ CONTRACT/BID or PROPOSAL Consider approval of awarding Bid No. 0909-03 for electrical services in two parts: part one to Pat Dillahey Electric for general electrical services; and part two to Groves Electrical Services, Inc. for ballfield lighting services for a twelve month period beginning December 1, 2009, with options to renew an additional four years as budgeted; and authorizing the City Manager to sign. Bid No. 0909-03 for Electrical Services was opened on October 6, 2009. There were eleven bids received. This contract is awarded in two parts. The award of the general electrical services portion of the contract to Pat Dillahey Electric will allow for full service general electrical services at our city facilities. The award of the ballfield lighting portion to Groves Electrical Services, Inc. will provide electrical services for ballfield lighting only. Staff will be available to answer any questions at the Council meeting. Funds are budgeted in various departmental budgets for these services. Staff recommends approval of this award. #Electrical Services Contract MEMORANDUM TO: Mayor and City Council VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works FROM: Sheri Moino, Facilities Manager DATE: November 10, 2009 REF: Consider approval of awarding Bid No. 0909-03 for electrical services in two parts: part one to Pat Dillahey Electric for general electrical services; and part two to Groves Electrical Services, Inc. for ballfield lighting services for a twelve month period beginning December 1, 2009, with options to renew an additional four years as budgeted; and authorizing the City Manager to sign. Bid 0909-03 for electrical services opened on October 6, 2009. There were a total of eleven bids received. The specifications were broken down into two sections: general electrical services and ballfield lighting. The electrical services contract is based on time and materials of services rendered for electrical repairs, maintenance, ballfield lighting and electrical upgrades. The bid tabulation attached breaks down those costs. Facilities general budget includes the electrical services to city facilities, and the Parks and Recreation budget includes maintenance on the ballfield lighting. However, other city departments may use the electrical services contract to performing task specific upgrades in their own operations. The low bid for the general services section was determined by totaling all the hourly charges and reviewing any parts discount or other charges. Using that approach, Pat Dillahey Electric was the low bidder on the general electrical services section. The low bid for the ballfield lighting section was determined by reviewing the cost for lamp replacement and the estimated time of completion for each. Using that approach, Groves Electrical Services, Inc. was the low bidder on the ballfield lighting section. The City of Coppell has worked with both contractors since December 1, 2005 when the original contract was bid, and has received excellent service and response from both contractors. Staff recommends award of this bid and will be present to answer any questions at the Council meeting. DESCRIPTION UNITSylvania Lighting ServicesHumphrey & Associates, IncNema 3 Electric, Inc.McBride ElectricPat Dillehay ElectricJah Electric GroupFacility Solutions Group - ElectricalGroves ElectricAngiel Electrical Constuction Corp.Ed's Electric Service, incPeak Electric Systems, IncMeet all mimimum labor specificationsyes yes No, #4 yes yes yes yes yes yes yes yesLabor Charge for licensed Master Electrician HR. $110.00 $86.50 $45.00 $64.00 $45.00 $75.00 $65.00 $60.00 $57.21 $85.00 $62.00Overtime Charge for Master Electrician HR. $165.00 $129.75 $67.50 $76.00 $45.00 $112.50 $97.50 $95.00 $81.18 $127.50 $93.00Weekend Charge for Master ElectricianHR. $165.00 $129.75 $67.50 $76.00 $45.00 $112.50 $97.50 $95.00 $105.18 $127.50 $93.00Holiday Charge for Master ElectricianHR. $200.00 $173.00 $67.50 $76.00 $45.00 $112.50 $97.50 $95.00 $105.18 $127.50 $124.00Labor Charge for licensed Journeyman Electrician HR. $85.00 $65.00 $45.00 $48.00 $31.00 $40.00 $48.00 $45.00 $48.81 $85.00 $52.00Overtime Charge for Journeyman Electrician HR. $127.50 $97.50 $67.50 $59.00 $31.00 $60.00 $72.00 $65.00 $68.82 $127.50 $78.00Weekend Charge for Journeyman ElectricianHR. $127.50 $97.50 $67.50 $59.00 $31.00 $60.00 $72.00 $65.00 $88.82 $127.50 $78.00Holiday Charge for Journeyman ElectricianHR. $170.00 $130.00 $67.50 $59.00 $31.00 $60.00 $72.00 $65.00 $88.82 $127.50 $104.00Labor Charge for Electricians Helper HR. $40.00 $35.00 $25.00 $42.00 $23.00 $20.00 $32.00 $30.00 $40.43 $50.00 $28.00Overtime Charge for Electricians Helper HR. $60.00 $52.50 $37.50 $54.00 $23.00 $30.00 $48.00 $45.00 $56.43 $75.00 $42.00Weekend Charge for Electricians HelperHR. $60.00 $52.50 $37.50 $54.00 $23.00 $30.00 $48.00 $45.00 $72.45 $75.00 $42.00Holiday Charge for Electricians HelperHR. $80.00 $70.00 $37.50 $54.00 $23.00 $30.00 $48.00 $45.00 $72.45 $75.00 $56.00Equipment Charge for 30 ft. Aerial Bucket Truck HR. $0.00 $96.00 $45.00 $50.00 $50.00 $100.00 $65.00 $20.00 $75.00 $50.00 $50.00Equipment Charge for 50 ft. Aerial Bucket Truck HR. $0.00 $96.00 $45.00 $65.00 $70.00 $125.00 $70.00 $30.00 $75.00 $75.00 $50.00Equipment Charge for 90 ft. Aerial Bucket TruckHR. $100.00 $45.00 $75.00 $174.00 $150.00 $75.00 $50.00 $325.00 $75.00 $118.00Proposed Parts Discount Less 60% RetailLess 35% RetailN/Aless 20% Retailless 30% retailless 5% wholesale, 5% retailless 20% wholesaleless 10% wholesaleCost + 10% & 10%cost +20% wholesaleLess 10% wholesaleOther Charges ListedMisc. Material None1000MH lamp $30none none NoneThermal Imaging $100 per hrnone none None None1000W Ballast $135.Rapelling (2 men) $194.50 per hr1500W lamp = $57. 1500W MH Lamp $40.1500W Z Lamp $75.1500W Ballast $185.BALLFIELD LIGHTING:Lamp Replacement (minimum 15)$152.49 Special Net $59.99$142./Lamp does not include recycle$945.00 $2,016.00 $1,664.00 $3,660.00 $1,094.25 $100.00 each $4,370.00x15 = 855. + 4 hrs labor & truck = $1835.$2,330.00Estimated time of completion (Per 15 Lamps)HR. 1 day -10hrs 8 4 15 8 8 4 1/2 hour 3 days 4 8Ballast Replacement$246.19 Special Net $151.19$485. Ea. $242.50 $362.50 $271.00 $430.00 $195.10 $243.50 each $7,071.00 $335.00 $831.00Estimated time of completionHR. 30 min. 1.25 1/2 hour 2 1 30 min 30 min 1 4 days30 min 4Bid Tabulation- Electrical ServicesOctober 18, 2005 10:00 a.m. ______________________________________________________________________________________ BID Q-0909-03 ELECTRICAL SERVICES ______________________________________________________________________________________ _ CITY OF COPPELL, TEXAS AGREEMENT FOR PROFESSIONAL SERVICES CITY OF COPPELL * PURCHASING DEPARTMENT * 255 PARKWAY BOULEVARD * COPPELL, TEXAS 75019 Page 1 ______________________________________________________________________________________ BID Q-0909-03 ELECTRICAL SERVICES ______________________________________________________________________________________ _ STATE OF TEXAS § § AGREEMENT FOR PROFESSIONAL SERVICES COUNTY OF DALLAS § This agreement (“Agreement”) is made by and between the City of Coppell, Texas (“City”) and Pat Dillehay Electric, (the “Professional”) acting by and through their authorized representatives. Recitals: WHEREAS, the City desires to engage the services of Professional as an independent contractor and not as an employee in accordance with the terms and conditions set forth in this Agreement; and WHEREAS, the Professional desires to render professional services for the City in accordance with the terms and conditions set forth in this Agreement; NOW THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties agree as follows: Article I Term 1.1 This term of this Agreement shall begin on the last date of execution hereof (the “Effective Date”) and continue on as needed basis. 1.2 Either party may terminate this Agreement by giving thirty (30) days prior written notice to the other party. In the event of such termination the Professional shall be entitled to compensation for any services completed to the reasonable satisfaction of the City in accordance with this Agreement prior to such termination. Article II Scope Of Services 2.1 The Professional shall provide the services specifically set out in Exhibit “A”. 2.2 The parties acknowledge and agree that any and all opinions provided by the Professional represent the best judgment of the Professional. CITY OF COPPELL * PURCHASING DEPARTMENT * 255 PARKWAY BOULEVARD * COPPELL, TEXAS 75019 Page 2 ______________________________________________________________________________________ BID Q-0909-03 ELECTRICAL SERVICES ______________________________________________________________________________________ _ 2.3 All materials and reports prepared by the Professional in connection with this Agreement are “works for hire” and shall be the property of the City. The City shall have the right to publish, disclose, distribute and otherwise use such materials and reports in accordance with the Engineering Practice Act of the State of Texas. Professional shall upon completion of the services, or earlier termination, provide the City with reproductions of all materials reports, and exhibits prepared by Professional pursuant to this Agreement, and in electronic format if requested by the City. Article III Schedule Of Work The Professional agrees to commence services upon written direction from the City and to complete the required services in accordance with a work schedule established by the City (the “Work Schedule”). Article IV Compensation And Method Of Payment 4.1 The City shall compensate the Professional for the services by payment of a fee as set out in the schedule attached in Exhibit “A”. 4.2 The Professional shall be responsible for all expenses related to the services provided pursuant to this Agreement including, but not limited to, travel, copying and facsimile charges, telephone, internet and email charges. Article V Devotion Of Time; Personnel; And Equipment 5.1 The Professional shall devote such time as reasonably necessary for the satisfactory performance of the work under this Agreement. Should the City require additional services not included under this Agreement, the Professional shall make reasonable effort to provide such additional services at mutually agreed charges or rates, and within the time schedule prescribed by the City; and without decreasing the effectiveness of the performance of services required under this Agreement. 5.2 To the extent reasonably necessary for the Professional to perform the services under this Agreement, the Professional shall be authorized to engage the services of any agents, assistants, persons, or corporations that the Professional may deem proper to aid or assist in the performance of the services under this Agreement. The cost of such personnel and assistance shall be borne exclusively by the Professional. 5.3 The Professional shall furnish the facilities, equipment, telephones, facsimile machines, email facilities, and personnel necessary to perform the services required under this Agreement unless otherwise provided herein. CITY OF COPPELL * PURCHASING DEPARTMENT * 255 PARKWAY BOULEVARD * COPPELL, TEXAS 75019 Page 3 ______________________________________________________________________________________ BID Q-0909-03 ELECTRICAL SERVICES ______________________________________________________________________________________ _ Article VI Miscellaneous 6.1 Entire Agreement. This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings written or oral agreements between the parties with respect to this subject matter. 6.2 Assignment. The Professional may not assign this Agreement in whole or in part without the prior written consent of City. In the event of an assignment by the Professional to which the City has consented, the assignee shall agree in writing with the City to personally assume, perform, and be bound by all the covenants, and obligations contained in this Agreement. 6.3 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors and assigns. 6.4 Governing Law. The laws of the State of Texas shall govern this Agreement; and venue for any action concerning this Agreement shall be in Dallas County, Texas. 6.5 Amendments. This Agreement may be amended by the mutual written agreement of the parties. 6.6 Severability. 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 any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 6.7 Independent Contractor. It is understood and agreed by and between the parties that the Professional in satisfying the conditions of this Agreement, is acting independently, and that the City assumes no responsibility or liabilities to any third party in connection with these actions. All services to be performed by Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of the City. Professional shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. 6.8 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other party or address as either party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: If intended for City, to: With copy to: CITY OF COPPELL * PURCHASING DEPARTMENT * 255 PARKWAY BOULEVARD * COPPELL, TEXAS 75019 Page 4 ______________________________________________________________________________________ BID Q-0909-03 ELECTRICAL SERVICES ______________________________________________________________________________________ _ City of Coppell, Texas J. David Dodd, III Attn: City Manager Nichols, Jackson, Dillard, Hager & Smith 255 Parkway Blvd. 1800 Lincoln Plaza Coppell, Texas 75019 500 N. Akard Facsimile No. (972) 304-3673 Dallas, Texas 75201 Facsimile No. (214) 965-0010 If intended for Professional: ____________ ____________ ____________ 6.9 Counterparts. This Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the parties hereto. 6.10 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 6.11 Indemnification. CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES OF THE PROFESSIONAL PURSUANT TO THIS AGREEMENT. PROFESSIONAL HEREBY WAIVES ALL CLAIMS AGAINST CITY, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS SECTION AS “CITY”) FOR DAMAGE TO ANY PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE OTHER THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF CITY. PROFESSIONAL AGREES TO INDEMNIFY AND SAVE HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, ATTORNEYS’ FEES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY THE PROFESSIONAL’S NEGLIGENCE PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO SOLE NEGILGENCE OF THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN CONNECTION CITY OF COPPELL * PURCHASING DEPARTMENT * 255 PARKWAY BOULEVARD * COPPELL, TEXAS 75019 Page 5 ______________________________________________________________________________________ BID Q-0909-03 ELECTRICAL SERVICES ______________________________________________________________________________________ _ WITH ANY SUCH LIABILITY OR CLAIM, THE PROFESSIONAL, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT PROFESSIONAL’S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. THE PROFESSIONAL’S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT 6.12 Audits and Records. The Professional agrees that during the term hereof the City and its representatives may, during normal business hours and as often as deemed necessary, inspect, audit, examine and reproduce any and all of the Professional’s records relating to the services provided pursuant to this Agreement for a period of one year following the date of completion of services as determined by the City or date of termination if sooner. 6.13 Conflicts of Interests. The Professional represents that no official or employee of the City has any direct or indirect pecuniary interest in this Agreement. 6.14 Insurance. (a) Professional shall during the term hereof maintain in full force and effect the following insurance: (1) a policy of insurance for bodily injury, death and property damage insuring against all claims, demands or actions relating to the Professional’s performance of services pursuant to this Agreement with a minimum combined single limit of not less than $1,000,000 Dollars per occurrence for injury to persons (including death), and for property damage; (2) policy of automobile liability insurance covering any vehicles owned and/or operated by Professional, its officers, agents, and employees, and used in the performance of this Agreement; and (3) statutory Worker’s Compensation Insurance covering all of Professional’s employees involved in the provision of services under this Agreement. (b) All insurance and certificate(s) of insurance shall contain the following provisions: (1) name the City, its officers, agents and employees as additional insureds as to all applicable coverage with the exception of Workers Compensation Insurance; (2) provide for at least thirty (30) days prior written notice to the City for cancellation, non-renewal, or material change of the insurance; (3) provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. (c) All insurance companies providing the required insurance shall either be authorized to transact business in Texas and rated at least “B” by AM Best or other CITY OF COPPELL * PURCHASING DEPARTMENT * 255 PARKWAY BOULEVARD * COPPELL, TEXAS 75019 Page 6 ______________________________________________________________________________________ BID Q-0909-03 ELECTRICAL SERVICES ______________________________________________________________________________________ _ equivalent rating service, or approved by the City Risk Manager. (d) A certificate of insurance evidencing the required insurance shall be submitted to the City prior to commencement of services. EXECUTED this _______ day of _____________________, 2009. City of Coppell, Texas By: _________________________________ Clay Phillips, City Manager Approved as to form: By: ___________________________________ J. David Dodd, III, City Attorney EXECUTED this _______ day of _____________________, 2009. Professional By: _________________________________ Name: Title: CITY OF COPPELL * PURCHASING DEPARTMENT * 255 PARKWAY BOULEVARD * COPPELL, TEXAS 75019 Page 7 BID Q 0909 03 ELECTRICAL SERVICES PROPOSAL SCHEDULE Variations from the aforementioned Specifications may be acceptable provided such differences are noted on the bid and are deemed to be advantageous to the City Any substitutions from brand names mentioned must be proved to be equal and may be considered for award by the Purchasing Manager and requesting department if so proven 1 Labor Charge for licensed Master Electrician ii Hr 2 Overtime Charge for Master Electrician Hr 3 Weekend Charge for Master Electrician L Hr 1I f 4 Holiday Charge for Master Electrician I 0 Hr 7 f 5 Labor Charge for licensed Journeyman Electrician i Hr 6 Overtime Charge for Journeyman Electrician k Hr 7 Weekend Charge for Journeyman Electrician 1 Mr 8 Holiday Charge for Journeyman Electrician 1 1 Hr 9 Labor Charge for Electricians Helper 1 Hr 10 Overtime Charge for Electricians Helper I Hr 11 Weekend Charge for Electricians Helper A Hr 12 Holiday Charge lbr Electricians Helper 7 Hr 13 Equipment Charge for 30 ft Aerial Bucket Truck Hr 14 Equipment Charge for 50 ft Aerial Bucket Truck 11 r Hr 15 Equipment Charge for 90 ft Aerial Bucket Truck 17 4 Hr 16 Proposed Parts Discount Less r o Retail V 16 Please list phone number for after hours holiday and weekend Emerg Number 7 7 t4 L n xj x j t If C I ti i C 188 What is your master license number 7 C fcJ i CITY OF COPPELL PURCHASING DEPARTMENT 255 PARKWAY BOULEVARD COPPELL TEXAS 75019 Page 15 Exhibit A Page 1 BII Q 0909 03 ELECTRICAL SERVICES 19 Who is your master license issued to tCkk I k a 20 All other charges not listed itemize a b c d e BALLFIELD LIGHTING The City of Coppell is seeking pricing on lamp and ballast replacement as needed for ballfield lighting The City currently has 1308 1500 Watt Metal Halide lamps Pricing below should be based on a minimum of fifteen 15 lamp replacements and include labor and the use of an aerial truck Price for ballast replacement should include labor and use of aerial truck Ballast should be same as or equal to hid core and coil ballast 1500 watt metal halide The City must authorize all ballast replacements before replacement occurs Lamp Replacement minimum 15 UJ w 1 i Estimated time of completion Per 15 Lamps 5 Ballast Replacement i Estimated time of completion Per Ballast i 7Au CITY OF COPPEI I PURCHASING DEPARTMENT 255 PARKWAY BOULEVARD COPPELL TEXAS 75019 Pugc 16 Page 2 ______________________________________________________________________________________ BID Q-0909-03 ELECTRICAL SERVICES ______________________________________________________________________________________ _ CITY OF COPPELL, TEXAS AGREEMENT FOR PROFESSIONAL SERVICES CITY OF COPPELL * PURCHASING DEPARTMENT * 255 PARKWAY BOULEVARD * COPPELL, TEXAS 75019 Page 1 ______________________________________________________________________________________ BID Q-0909-03 ELECTRICAL SERVICES ______________________________________________________________________________________ _ STATE OF TEXAS § § AGREEMENT FOR PROFESSIONAL SERVICES COUNTY OF DALLAS § This agreement (“Agreement”) is made by and between the City of Coppell, Texas (“City”) and Groves Electrical Service, Inc., (the “Professional”) acting by and through their authorized representatives. Recitals: WHEREAS, the City desires to engage the services of Professional as an independent contractor and not as an employee in accordance with the terms and conditions set forth in this Agreement; and WHEREAS, the Professional desires to render professional services for the City in accordance with the terms and conditions set forth in this Agreement; NOW THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties agree as follows: Article I Term 1.1 This term of this Agreement shall begin on the last date of execution hereof (the “Effective Date”) and continue on as needed basis. 1.2 Either party may terminate this Agreement by giving thirty (30) days prior written notice to the other party. In the event of such termination the Professional shall be entitled to compensation for any services completed to the reasonable satisfaction of the City in accordance with this Agreement prior to such termination. Article II Scope Of Services 2.1 The Professional shall provide the services specifically set out in Exhibit “A”. 2.2 The parties acknowledge and agree that any and all opinions provided by the Professional represent the best judgment of the Professional. CITY OF COPPELL * PURCHASING DEPARTMENT * 255 PARKWAY BOULEVARD * COPPELL, TEXAS 75019 Page 2 ______________________________________________________________________________________ BID Q-0909-03 ELECTRICAL SERVICES ______________________________________________________________________________________ _ 2.3 All materials and reports prepared by the Professional in connection with this Agreement are “works for hire” and shall be the property of the City. The City shall have the right to publish, disclose, distribute and otherwise use such materials and reports in accordance with the Engineering Practice Act of the State of Texas. Professional shall upon completion of the services, or earlier termination, provide the City with reproductions of all materials reports, and exhibits prepared by Professional pursuant to this Agreement, and in electronic format if requested by the City. Article III Schedule Of Work The Professional agrees to commence services upon written direction from the City and to complete the required services in accordance with a work schedule established by the City (the “Work Schedule”). Article IV Compensation And Method Of Payment 4.1 The City shall compensate the Professional for the services by payment of a fee as set out in the schedule attached in Exhibit “A”. 4.2 The Professional shall be responsible for all expenses related to the services provided pursuant to this Agreement including, but not limited to, travel, copying and facsimile charges, telephone, internet and email charges. Article V Devotion Of Time; Personnel; And Equipment 5.1 The Professional shall devote such time as reasonably necessary for the satisfactory performance of the work under this Agreement. Should the City require additional services not included under this Agreement, the Professional shall make reasonable effort to provide such additional services at mutually agreed charges or rates, and within the time schedule prescribed by the City; and without decreasing the effectiveness of the performance of services required under this Agreement. 5.2 To the extent reasonably necessary for the Professional to perform the services under this Agreement, the Professional shall be authorized to engage the services of any agents, assistants, persons, or corporations that the Professional may deem proper to aid or assist in the performance of the services under this Agreement. The cost of such personnel and assistance shall be borne exclusively by the Professional. 5.3 The Professional shall furnish the facilities, equipment, telephones, facsimile machines, email facilities, and personnel necessary to perform the services required under this Agreement unless otherwise provided herein. CITY OF COPPELL * PURCHASING DEPARTMENT * 255 PARKWAY BOULEVARD * COPPELL, TEXAS 75019 Page 3 ______________________________________________________________________________________ BID Q-0909-03 ELECTRICAL SERVICES ______________________________________________________________________________________ _ Article VI Miscellaneous 6.1 Entire Agreement. This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings written or oral agreements between the parties with respect to this subject matter. 6.2 Assignment. The Professional may not assign this Agreement in whole or in part without the prior written consent of City. In the event of an assignment by the Professional to which the City has consented, the assignee shall agree in writing with the City to personally assume, perform, and be bound by all the covenants, and obligations contained in this Agreement. 6.3 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors and assigns. 6.4 Governing Law. The laws of the State of Texas shall govern this Agreement; and venue for any action concerning this Agreement shall be in Dallas County, Texas. 6.5 Amendments. This Agreement may be amended by the mutual written agreement of the parties. 6.6 Severability. 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 any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 6.7 Independent Contractor. It is understood and agreed by and between the parties that the Professional in satisfying the conditions of this Agreement, is acting independently, and that the City assumes no responsibility or liabilities to any third party in connection with these actions. All services to be performed by Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of the City. Professional shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. 6.8 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other party or address as either party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: If intended for City, to: With copy to: CITY OF COPPELL * PURCHASING DEPARTMENT * 255 PARKWAY BOULEVARD * COPPELL, TEXAS 75019 Page 4 ______________________________________________________________________________________ BID Q-0909-03 ELECTRICAL SERVICES ______________________________________________________________________________________ _ City of Coppell, Texas J. David Dodd, III Attn: City Manager Nichols, Jackson, Dillard, Hager & Smith 255 Parkway Blvd. 1800 Lincoln Plaza Coppell, Texas 75019 500 N. Akard Facsimile No. (972) 304-3673 Dallas, Texas 75201 Facsimile No. (214) 965-0010 If intended for Professional: ____________ ____________ ____________ 6.9 Counterparts. This Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the parties hereto. 6.10 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 6.11 Indemnification. CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES OF THE PROFESSIONAL PURSUANT TO THIS AGREEMENT. PROFESSIONAL HEREBY WAIVES ALL CLAIMS AGAINST CITY, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS SECTION AS “CITY”) FOR DAMAGE TO ANY PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE OTHER THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF CITY. PROFESSIONAL AGREES TO INDEMNIFY AND SAVE HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, ATTORNEYS’ FEES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY THE PROFESSIONAL’S NEGLIGENCE PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO SOLE NEGILGENCE OF THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN CONNECTION CITY OF COPPELL * PURCHASING DEPARTMENT * 255 PARKWAY BOULEVARD * COPPELL, TEXAS 75019 Page 5 ______________________________________________________________________________________ BID Q-0909-03 ELECTRICAL SERVICES ______________________________________________________________________________________ _ WITH ANY SUCH LIABILITY OR CLAIM, THE PROFESSIONAL, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT PROFESSIONAL’S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. THE PROFESSIONAL’S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT 6.12 Audits and Records. The Professional agrees that during the term hereof the City and its representatives may, during normal business hours and as often as deemed necessary, inspect, audit, examine and reproduce any and all of the Professional’s records relating to the services provided pursuant to this Agreement for a period of one year following the date of completion of services as determined by the City or date of termination if sooner. 6.13 Conflicts of Interests. The Professional represents that no official or employee of the City has any direct or indirect pecuniary interest in this Agreement. 6.14 Insurance. (a) Professional shall during the term hereof maintain in full force and effect the following insurance: (1) a policy of insurance for bodily injury, death and property damage insuring against all claims, demands or actions relating to the Professional’s performance of services pursuant to this Agreement with a minimum combined single limit of not less than $1,000,000 Dollars per occurrence for injury to persons (including death), and for property damage; (2) policy of automobile liability insurance covering any vehicles owned and/or operated by Professional, its officers, agents, and employees, and used in the performance of this Agreement; and (3) statutory Worker’s Compensation Insurance covering all of Professional’s employees involved in the provision of services under this Agreement. (b) All insurance and certificate(s) of insurance shall contain the following provisions: (1) name the City, its officers, agents and employees as additional insureds as to all applicable coverage with the exception of Workers Compensation Insurance; (2) provide for at least thirty (30) days prior written notice to the City for cancellation, non-renewal, or material change of the insurance; (3) provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. (c) All insurance companies providing the required insurance shall either be authorized to transact business in Texas and rated at least “B” by AM Best or other CITY OF COPPELL * PURCHASING DEPARTMENT * 255 PARKWAY BOULEVARD * COPPELL, TEXAS 75019 Page 6 ______________________________________________________________________________________ BID Q-0909-03 ELECTRICAL SERVICES ______________________________________________________________________________________ _ equivalent rating service, or approved by the City Risk Manager. (d) A certificate of insurance evidencing the required insurance shall be submitted to the City prior to commencement of services. EXECUTED this _______ day of _____________________, 2009. City of Coppell, Texas By: _________________________________ Clay Phillips, City Manager Approved as to form: By: ___________________________________ J. David Dodd, III, City Attorney EXECUTED this _______ day of _____________________, 2009. Professional By: _________________________________ Name: Title: CITY OF COPPELL * PURCHASING DEPARTMENT * 255 PARKWAY BOULEVARD * COPPELL, TEXAS 75019 Page 7 BID Q 0909 03 ELECTRICAL SERVICES PROPOSAL SCHEDULE Variations from the aforementioned Specifications may be acceptable provided such differences are noted on the bid and are deemed to be advantageous to the City Any substitutions from brand names mentioned must be proved to be equal and may be considered for award by the Purchasing Manager and requesting department if so proven 1 Labor Charge for licensed Master Electrician iC f Hr 2 Overtime Charge for Master Electrician Hr C c0 Weekend Charge for Master Electrician 1 3 Hr 4 Holiday Change for y1aster Electrician 1D Hr Labor Charge Or licensed Journeyman Electrician Hr 6 Overtime Change for Journeyman Electrician Hr cc Weekend Charge for Joumey Electrician Hr cL 5 Holiday Charge for Journeyman Electrician Hr c c 9 Labor Charge lur Electricians helper 6 Hr I0 Overtime Charge for Electricians I lelper Hr C 1 I eckend Charge for Llecuicians Helper 7 Hr l I2 Holiday Charlie for Electricians Helper Mr 13 Equipment Charge for 30 IL Aerial Bucket Truck i C Hr 14 Equipment Charge for 50 ft Aerial Bucket Truck Hr erf 15 Equipment Charge for 00 ft Aerial Bucket Truck 1 Hr 16 Proposed Parts Discount Less IL Wholesale Z Retail 1 0 Please list phone number for alter hours holiday and Nveekend Emergency Number 7 yya j 1 G313 473 I ti What is your master license number 7 3 1 ry OF COPPELI PURCHASING DEPARITIENT 255 PARIiA1 AV BOULEVARD COP TEXAS 75019 Page 15 Exhibit A Page 1 BID Q 0909 03 ELECTRICAL SERVICES 19 Who is your master license issued to 4 ee G Y v es 20 All other charttes not listed itemize a b c d S e S BALLFIELD LIGHTING The City of Coppell is seeking pricing on lamp and ballast replacement as needed for ballfield lighting The City currently has 1308 1500 Watt Metal Halide lamps Pricing below should be based on a minimum of fifteen 15 lamp replacements and include labor and the use of an aerial truck Price for ballast replacement should include labor and use of aerial truck Ballast should be same as or equal to hid core and coil ballast 1500 watt metal halide The City must authorize all ballast replacements before replacement occurs Lamp Replacement minimum 15 S 1 CC O 7 En rL 1 I Estimated time of completion Per 15 Lamps 6 NE eA i Ballast Replacement 1 Estimated time of completion Per Ballast CITY OF COPPELL PURCHASING DEPARTMENT 255 PARKWAY BOULEVA D COPPELL TEXAS 751119 Page 16 Page 2 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Engineering November 10, 2009 9/C ✔ CONTRACT/BID or PROPOSAL Consider approval of an agreement with Oncor Electric Delivery to provide street lighting along both sides of South Coppell Road between Bethel Road and Burns Street in the amount of $82,092.45, as provided for in CIP funds; and authorizing the City Manager to sign. Approval of this agreement will provide for the construction of street and pedestrian lighting along South Coppell Road from Bethel Road to Burns Street. Staff will be available to answer any questions at the Council meeting. Funds are to be provided from CIP. Staff recommends approval of this agreement for Street Lighting Service in the amount of $82,092.45. #Supplement for Street Lighting MEMORANDUM TO: Mayor and City Council VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works FROM: Keith R. Marvin, P.E., Project Engineer DATE: November 10, 2009 REF: Consider approval of an agreement with Oncor Electric Delivery to provide street lighting along both sides of South Coppell Road between Bethel Road and Burns Street in the amount of $82,092.45, as provided for in CIP funds; and authorizing the City Manager to sign. On June 9, 2009, City Council awarded a contract for the reconstruction of South Coppell Road from Bethel Road to Southwestern Blvd. Included in this project was a street light design. The city contractor will be installing conduit and foundations under this previously approved contract. The item before you this evening is the supplemental agreement with Oncor to pull wire through the conduit, and set light poles on the foundations constructed by the city contractor. The light standard selected for this project is depicted in a photograph in the attached exhibit. The city has been using this standard in the historic overlay district for the past few years. The lights will match those used in the townhome developments along Coppell Road, north of Bethel, as well as the parking lot lights in the Hard 8 Barbeque parking lot. Entering into this agreement with Oncor will authorize the erection of the street lights along South Coppell Road from Bethel Road to Burns Street. Staff recommends approval of this agreement in the amount of $82,092.45, and will be available to answer any questions at the Council meeting. Proposed Street Light Improvements S. Coppell Road Re-Construction City of Coppell Project ST07-02 Created in LDDT 1 INCH = 1 MILE 0 11/2 S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\ST07-02 LIGHTS Created on: 02 November 2009 by Scott Latta 1/2 1 INCH = FT. 0 200 200 100 Proposed Street Light Improvements S. Coppell Road Re-Construction City of Coppell Project ST07-02 Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\ST07-02 LIGHTS Created on: 02 November 2009 by Scott Latta 2/2 PROPOSED STREET LIGHT CONDUIT PROPOSED STREET LIGHT LOCATION 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 Human Resources October 21, 2009 9/D ✔ CONTRACT/BID or PROPOSAL Consider approval to purchase from Philpott Motors, Inc. one (1) 2010 Ford F250 Pick-up Truck in the amount of $31,508.33 for the Parks Department, two (2) 2010 Ford Escape Hybrid's in the amount of $28,973.39 each for the Police Department, and one (1) Ford F350 Cab/Chassis SRW in the amount of $38,228.33 for the Utilities Department through an Inter-local Agreement with Buyboard as budgeted, and authorizing the City Manager to sign all related documentation. Funds are budgeted in ROW (01-12-30-5010), Police (01-10-01-5010) and Water Utilities (02-03-17-5010) for the purchase of these vehicles. Staff recommends approval. &Ford Vehicles November 5, 2009 To: Clay Phillips City Manager From: Jerod Anderson Purchasing Manager Re: Fleet Purchase The Parks and Recreation, Utilities, and Police Department have budgeted to purchase new vehicles in the current budget year. The vehicles include one Ford F250 Pickup for Parks, one Ford F350 Cab/Chassis for Utilities and two Ford Escape Hybrids for the Police Department. The Fleet department obtained quotes from Philpott Ford to purchase the vehicles. Philpott Ford is the Ford dealership that is contracted with Buyboard Cooperative Purchasing. Buyboard Cooperative Purchasing is an administrative agency created in accordance with Section 791.001 of the Texas Government Code. Its purpose is to obtain the benefits and efficiencies that can accrue to members of a cooperative, to comply with state bidding requirements, and to identify qualified vendors of commodities, goods, and services. The Cooperative also relieves the burdens of governmental purchasing by effectively using current technology and realizing economies of scale. The City of Coppell is a member of Buyboard and has the ability to utilize the existing contract pricing from Philpott. The contract discount for the Escape Hybrid is 11% and the Ford trucks are 19% off of MSRP. Buyboard charges a fee per purchase order to utilize their contract. In an effort to minimize the fee, the vehicles listed above will be listed on one purchase order. In doing so the total purchase amount exceeds $50,000 and requires Council approval. Therefore, upon approval from the Council, the Purchasing Department will facilitate the purchase of the vehicles. 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: Parks and Recreation November 10, 2009 9/E ✔ CONTRACT/BID or PROPOSAL Consider approval of awarding a bid to Professional Turf Products in the amount of $100,544.66, for the purchase of Grounds Maintenance Equipment as budgeted; and authorizing the City Manager to sign. This bid includes a Toro 6500-D Reel Mower, (2) Line Painter 1200, and a Toro 4000-D 11' Mower, which are replacement items for existing equipment. These items are recommended to be purchased through the Buy Board. Funds have been budgeted in Parks (01-12-15-5060) and Ballfield Maintenance (01-12-33-5060) for this purchase. Staff recommends approval. ^Maintenance Equipment -1 AR PARKS AND RECREATION DEPARTMENT DATE: November 10, 2009 TO: Mayor and City Council FROM: Brad Reid, Director of Parks and Recreation RE: Consider approval of awarding a bid to Professional Turf Products for the purchase of park maintenance equipment in the amount of $100,554.66, and authorizing the City Manager to sign. Background: The 2009-10 budget contains funding for the purchase of replacement equipment for Parks and Ballfield Maintenance Divisions. The equipment to be replaced has been determined by users and the Fleet Maintenance Division to have become too costly to maintain efficiently, and increased down-time is affecting productivity. The following four pieces of turf maintenance equipment can be purchased through the BuyBoard Vendor Contract: Equipment Unit Price Toro Reelmaster 6500-D $47,891.48 Toro Groundsmaster 4000-D $43,886.00 (2)Toro Line Painter 1200 $6,477.18 Set-up / Service / Delivery $2,300.00 TOTAL $100,554.66 Bidding is not required if the equipment is purchased through this contract. The reel mower and two line painters will be used on the athletic fields. The large production mower will be used on common park acerage. City Council Action requested: This item is to request approval of a purchase from the BuyBoard contract and allow purchase of the above equipment for $100,554.66. Staff Recommendation: 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 Parks and Recreation November 10, 2009 9/F ✔ RESOLUTION Consider approval of a resolution authorizing execution of Agreements with the Texas Department of Transportation allowing maintenance of landscaped areas within the rights-of way of Interstate Highway 635 and Freeport Parkway, and authorizing the Mayor to sign the necessary documentation. Please see attached Staff Recommends Approval ^Txdot Agreement PARKS AND RECREATION DEPARTMENT CITY COUNCIL AGENDA ITEM Date: November 10, 2009 To: Mayor and City Council From: Brad Reid, Director of Parks and Recreation Re: Consider approval of a resolution authorizing execution of Agreements with the Texas Department of Transportation allowing maintenance of landscaped areas within the rights-of way of Interstate Highway 635 and Freeport Parkway, and authorizing the Mayor to sign the necessary documentation Background: In June 2006, Keep Texas Beautiful was awarded the 2006 Governor’s Community Achievement Award, authorizing a $95,000 award for landscape improvements to be coordinated through the Texas Department of Transportation (TxDOT) at a Coppell location. TxDOT is now prepared to proceed with a project to have installed a landscape and sign wall for the City of Coppell within their ROW at IH635 and Freeport Parkway. The project will be on the north side of 635, west of Freeport Parkway. The landscape is primarily trees that are low maintenance and will have low water requirements once they become established. The project includes a fully automatic irrigation system for the improved areas. The project also includes an 80’ long, red brick sign wall with the letters “COPPELL” across the face. Exhibit “A” to the attached Agreements graphically represents the landscape and sign wall to be included. Also included are the planting plan and sign wall plan saved separately for convenience. TxDOT has bid the project to have the trees, landscape bedding area, irrigation and sign installed, and will begin construction soon. The Agreements included in this resolution will authorize the city to have access for maintenance, control, supervision and regulation of the designated landscape bedding areas, which includes the sign wall. The city will not take on any additional maintenance outside of the landscape bed improved areas. Action Requested: Consider approval of a resolution authorizing execution of Agreements with the Texas Department of Transportation allowing maintenance of landscaped areas within the rights-of way of IH635 and Freeport Parkway, and authorizing the Mayor to sign the necessary documentation. Staff Recommendation: Approval of this item. RESOLUTION NO.____________________ A RESOLUTION; AUTHORIZING THE MAYOR TO ENTER INTO AGREEMENTS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION ALLOWING FOR MAINTENANCE ACCESS OF DESIGNATED LANDSCAPED AREAS WITHIN THE TXDOT RIGHTS OF WAY ALONG IH635, UPON CERTAIN CONDITIONS IN CONFORMITY WITH THIS RESOLUTION; SAID AGREEMENTS ESTABLISH REQUIREMENTS OUTLINING THE DUTIES AND RESPONSIBILITIES OF BOTH PARTIES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Texas Department of Transportation (TXDOT) is the owner of rights-of-way within the City of Coppell (CITY); WHEREAS, Keep Coppell Beautiful is the recipient of the 2006 Governor’s Community Achievement Award of $95,000; WHEREAS, the City Council finds that it will be a benefit to the public to improve the appearance of the rights-of-way along IH 635, within the City of Coppell; WHEREAS, TXDOT has requested the CITY agree to maintaining the proposed landscape improvements that are outlined in this resolution; NOW, THEREFORE, THE COUNCIL OF THE CITY OF COPPELL HEREBY RESOLVES: SECTION 1. The Mayor is authorized to sign Agreements as proposed by TXDOT, which include the following stipulations: 1. TXDOT shall install landscape beds, including trees, shrubs and irrigation; and sign wall within the IH635 Right of Way; 2. City shall take responsibility for control, maintenance, supervision and regulation of the improved portions of the TXDOT Right of Way; SECTION 2. This resolution shall become effective immediately upon its passage and approval. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS THIS _________DAY OF_________________2009. ______________________________ JAYNE PETERS, MAYOR ATTEST: ______________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: BY: __________________________________ 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: PLANNING November 10, 2009 9/G ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-199R5-HC-S-1211R2, Service Star, a zoning change from PD-199R4-HC-S-1211R2 (Planned Development-199-Highway Commercial Revision 4-Special Use Permit-1211 Revision 2) to PD-199R5-HC-S-1211R2 (Planned Development-199-Highway Commercial Revision 5-Special Use Permit-1211 Revision 2), to revise the detail site plan to allow the subdivision of Lot 4 into two lots, recognizing the existing developments and adding PD conditions, on 2.2 acres of property located at the southwest corner of S.H. 121 and MacArthur Blvd and authorizing the Mayor to sign. On September 17, 2009, the Planning & Zoning Commission unanimously recommended approval of this zoning change (6-0), On October 13, 2009, Council unanimously approved this zoning change (7-0). Staff recommends APPROVAL. @PD-199R5-HC-S-1211R2 SS-1 AR(con) TM 40126.2.102609 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM PD-199R4-HC-S-1211R2 (PLANNED DEVELOPMENT-199-HIGHWAY COMMERCIAL REVISION 4-SPECIAL USE PERMIT-1211 REVISION 2) TO PD-199R5-HC-S-1211R2 (PLANNED DEVELOPMENT-199-HIGHWAY COMMERCIAL REVISION 5-SPECIAL USE PERMIT-1211 REVISION 2) TO REVISE THE DETAIL SITE PLAN TO ALLOW THE SUBDIVISION OF LOT 4 INTO TWO LOTS, RECOGNIZING THE EXISTING DEVELOPMENTS AND ADDING PD CONDITIONS, ON 2.2 ACRES OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF S.H. 121 AND MACARTHUR BLVD. AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE REVISED DETAIL SITE PLAN, ATTACHED HERETO AS EXHIBIT “B” ; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-199R5-HC should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from PD-199R4-HC- TM 40126.2.102609 S-1211R2 (Planned Development-199-Highway Commercial Revision 4-Special Use Permit- 1211 Revision 2) to PD-199R5-HC-S-1211R2 (Planned Development-199-Highway Commercial Revision 5-Special Use Permit-1211 Revision 2), to revise the detail site plan to allow the subdivision of Lot 4 into two lots, recognizing the existing developments and adding PD conditions, on 2.2 acres of property located at the southwest corner of S.H. 121 and MacArthur Blvd., and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with following development conditions as set forth herein below; A) The proposed Planned Development shall comply with the regulations set forth in Zoning Ordinance Numbers 95100-A-318, 95100-A-410 and 95100-A-440, except as amended herein. B) Fifty-one (51) parking spaces shall be provided for the medical office use on Lot 4R2, and twenty-six (26) parking spaces shall be provided for the retail use on Lot 4R1. C) Landscaping shall not be required along the internal lots lines between Lots 4R1 and 4R2. D) Side yard setbacks of 30 feet and 7.5 feet for Lots 4R1 and 4R2 respectively, shall be provided as indicated on the Revised Detailed Site Plan, attached as Exhibit “B”. E) There shall not be any doors located on the west side of the building on Lot 4R2. F) Lots 4R1 and 4R2 (originally Tract 4) shall each be allowed one (1) monument sign, each of which will display the name of both the retail/office and automotive service center, the square footage of each above reference sign shall TM 40126.2.102609 not exceed sixty (60) square-feet. This multi-tenant monument sign shall adhere to all provisions of Section 12-29-4.2(A)(iii) in the Code of Ordinances, except that the “Firestone” name may be larger than the other tenant’s name. All letters shall be black. SECTION 3. That the Revised Detail Site Plan attached hereto as Exhibit “B” respectively, and made a part hereof for all purposes as special conditions, is hereby approved. SECTION 4. That the above property shall be developed and used only in the manner and for the purpose provided for by the Highway Commercial (Highway Commercial) District regulations, Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, TM 40126.2.102609 in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2009. APPROVED: _____________________________________ JAYNE PETERS, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb Reviewed & Revised 10/28/09) WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING November 10, 2009 9/H ✔ ORDINANCE Consider approval of an Ordinance for Case No. PD-242-HC, Holiday Inn Hotel & Suites, a zoning change from LI (Light Industrial) to PD-242-HC (Planned Development District-242-Highway Commercial) for a Concept Plan on 9.078 acres for retail/office/hotel and restaurant uses within the City of Coppell (this does not include the 7.043 acres in the City of Grapevine) and to attach a Detail Plan on 3.03 acres of property to allow a six-story, 128-room, Holiday Inn Hotel & Suites to be located on the south side of Northpoint Drive, east of S.H. 121 and authorizing the Mayor to sign. On August 20, 2009, the Planning & Zoning Commission held this case under advisement and continued the public hearing to September 17, 2009 (6-0). On September 17, 2009, the Planning & Zoning Commission unanimously recommended approval of this zoning change (6-0). On October 13, 2009, Council unanimously approved this zoning change (7-0). Staff recommends APPROVAL. @PD-242-HC, HIH&S ORD-1 AR (con) 1 TM 40124.2.102609 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM LI (LIGHT INDUSTRIAL) TO PD-242-HC (PLANNED DEVELOPMENT DISTRICT-242-HIGHWAY COMMERCIAL) FOR A CONCEPT PLAN ON 9.078 ACRES FOR RETAIL/OFFICE/HOTEL AND RESTAURANT USES AND A DETAIL PLAN ON 3.03 ACRES OF PROPERTY TO ALLOW A SIX-STORY, 128-ROOM, HOLIDAY INN HOTEL TO BE LOCATED ON THE SOUTH SIDE OF NORTHPOINT DRIVE, EAST OF S.H. 121, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL CONCEPT PLAN FOR 9.078 ACRES, A DETAIL SITE PLAN FOR 3.03 ACRES, LANDSCAPE PLAN, TRASH ENCLOSURE AND MONUMENT SIGN DETAILS, FLOOR PLANS AND ELEVATIONS, ATTACHED HERETO AS EXHIBITS “B”, “C”, “D”, “E”, “F” AND “G” RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-242-HC should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: 2 TM 40124.2.102609 SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from LI (Light Industrial) to PD-242-HC (Planned Development District-242-Highway Commercial) for a 9.078+ acres of land for retail/office/hotel and restaurant uses, adopting a Concept Plan for the entire property and a Detail Plan on 3.03 acres of said property to allow a six-story, 128- room, Holiday Inn Hotel to be located on the south side of Northpoint Drive, east of S.H. 121 and being more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with following development conditions as set forth herein below; A) Concept Plan: The Concept Plan does not provide any vested rights to any future building configurations or use, development regulations or circulation patterns. 1. Detail Site Plan shall be required prior to any development within the 9.078- acre site, except for the Hotel as detailed in B) Detail Site Plan of this Ordinance. 2. A replat of such Detailed Site Plan or building site is required. 3. All buildings and signage with the development shall be architecturally compatible with all other buildings and signs, utilizing the same architectural style, materials and colors. 3 TM 40124.2.102609 4. Uses are limited to retail, office, hotel and restaurant as defined in the Comprehensive Zoning Ordinance. B) Detail Site Plan: The Detailed Site Plan for a Hotel, attached hereto as Exhibit “C” is hereby approved on the lot as depicted herein based on the design and lay-out for the site and area, subject to compliance with the following: 1. On-site staff 24-hours a day; 2. lobby with a minimum of 150 square feet; 3. Indoor swimming pool.; 4. Weight room/fitness center; 5. Plaza/atrium; 6. Conference room (1,000 square foot minimum); 7. Full service restaurant with a minimum seating capacity of 35; 8. That the hotel floor plans shall substantially comply with the conditions provided in (B) 2 through 7 of this Section and the maximum height 78 feet as measured from grade 9. Hotel exterior shall be constructed in conformance with Elevations attached hereto as Exhibit G. C) Prior to the issuance of a building permit, this property shall be replatted to establish building lines, fire lane, utility and mutual access easements SECTION 3. That the Concept Plan for 9.078 acres, a Detail Site Plan for 3.03 acres, Landscape Plan, Trash Enclosure and Monument Sign Details, Floor Plans and Elevations, attached hereto as Exhibits “B”, “C”, “D”, “E”, “F” and “G” respectively, and made a part hereof for all purposes as special conditions, are hereby approved. SECTION 4. That the above property shall be developed and used only in the manner and for the purpose provided for by the HC (Highway Commercial) District regulations, 4 TM 40124.2.102609 Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. 5 TM 40124.2.102609 SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2009. APPROVED: _____________________________________ JAYNE PETERS, MAYOR ATTEST: _____________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY (REH/cdb Reviewed & Revised 10/29/09) EXHIBIT “A” Page 1 of 2 LEGAL DESCRIPTION HOTEL SITE Description of a 3.0337 acre tract of land out of the J. Gibson Survey, Abstract No. 1716 situated in the City of Coppell, Dallas County, Texas and being a portion of Lot 1R, Block 1, Northpoint Addition, an addition to the City of Coppell, Dallas County according to the plat thereof recorded in County Clerk’s Instrument Number 20080234110, Map Records, Dallas County, Texas and an addition to the City Grapevine, Tarrant County, as recorded in Cabinet A, Page 12986, Plat Records, Tarrant County, Texas; said 3.0337 acre tract being more particularly described by metes and bounds as follows: BEGINNING, at a 1/2-inch iron rod with yellow plastic cap stamped "HALFF ASSOC., INC." found at the northeast corner of said Lot 1R, Block 1; said point also being on the west line of Lot 1, Block 1, Replat of Freeport North, an addition to the City of Coppell, as recorded in Volume 98193, Page 0031, Map Records, Dallas County, Texas; said point also being on the south right-of-way line of Northpoint Drive (variable width public right-of-way); THENCE, South 00 degrees 14 minutes 35 seconds East, leaving said south right-of-way line and with the common line of said Lots 1R and 1, a distance of 375.80 feet to a 5/8-inch iron rod with yellow plastic cap stamped “GSES, INC., RPLS 4804” set at the southeast corner of said 3.0337 acre tract; THENCE, North 89 degrees 50 minutes 39 seconds West, leaving said common line, a distance of 338.05 feet to a 5/8-inch iron rod with yellow plastic cap stamped “GSES, INC., RPLS 4804” set at the southwest corner of said 3.0337 acre tract; THENCE, North 00 degrees 14 minutes 35 seconds West, a distance of 315.20 feet to a 5/8-inch iron rod with yellow plastic cap stamped “GSES, INC., RPLS 4804” set at the west corner of said 3.0337 acre tract; THENCE, North 20 degrees 44 minutes 21 seconds East, a distance of 122.37 feet to a 5/8-inch iron rod with yellow plastic cap stamped “GSES, INC., RPLS 4804” set at the northwest corner of said 3.0337 acre tract; said point also being on the said south right-of-way line of Northpoint Drive; said point also being on a circular curve to the left having a radius of 845.00 feet; THENCE, southeasterly, with said circular curve and south right-of-way line, through a central angle of 20 degrees 24 minutes 56 seconds, an arc distance of 301.09 feet (chord bears South 79 degrees 27 minutes 55 seconds East, 299.50 feet) to the POINT OF BEGINNING; CONTAINING, 132,150 square feet or 3.0337 acres of land, more or less. EXHIBIT “A” Page 2 of 2 REMAINDER OF LOT 1R, IN COPPELL October 2009 Description of a 6.0454 acre tract of land out of the J. Gibson Survey, Abstract No. 1716 situated in the City of Coppell, Dallas County, Texas and being a portion of Lot 1R, Block 1, Northpoint Addition, an addition to the City of Coppell, Dallas County according to the plat thereof recorded in County Clerk’s Instrument Number 20080234110, Map Records, Dallas County, Texas and an addition to the City Grapevine, Tarrant County, as recorded in Cabinet A, Page 12986, Plat Records, Tarrant County, Texas; said 6.0454 acre tract being more particularly described by metes and bounds as follows: BEGINNING, at a point at the east end of a corner clip at the intersection of southeast right-of-way of State Highway 121 (variable width right-of-way) and the southwest right-of-way of Northpoint Drive (variable width right-of-way); THENCE, with the said southwest right-of-way line the following metes and bounds; South 49 degrees 19 minutes 02 seconds East, a distance of 53.84 feet to a 1/2-inch iron rod with yellow plastic cap stamped “HALFF ASSOC., INC.” found at the beginning of a circular curve to the left having a radius of 845.00 feet; Southeasterly, through said curve to the left, through a central angle of 19 degrees 56 minutes 42 seconds, an arc distance of 294.15 feet (chord bears South 59 degrees 17 minutes 06 seconds East, 292.67 feet) to a 5/8-inch iron rod with yellow plastic cap stamped “GSES, INC., RPLS 4804” set at the northern most northeast corner of said 6.0454 acre tract; THENCE, South 20 degrees 44 minutes 21 seconds West, leaving said southwest right-of-way line, a distance of 122.37 feet to a 5/8-inch iron rod with yellow plastic cap stamped “GSES, INC., RPLS 4804” set for an angle point; THENCE, South 00 degrees 14 minutes 35 seconds East, a distance of 315.20 feet to a 5/8-inch iron rod with yellow plastic cap stamped “GSES, INC., RPLS 4804” set for corner; THENCE, South 89 degrees 50 minutes 39 seconds East, a distance of 338.04 feet to a 5/8-inch iron rod with yellow plastic cap stamped “GSES, INC., RPLS 4804” set at the eastern most northeast corner of said 6.0454 acre tract; said point also being on the west line of Lot 1, Block 1, Replat of Freeport North, an addition to the City of Coppell, as recorded in Volume 98193, Page 0031, Map Records, Dallas County, Texas; THENCE, South 00 degrees 14 minutes 35 seconds East, with the common line of said Lots 1R and 1, a distance of 202.56 feet to a 1/2-inch iron rod with yellow plastic cap stamped “HALFF ASSOC., INC.” found at the southeast corner of said Lot 1R, Block 1; said point also being the northeast corner of Lot 2, Block 1, Fellowship of Las Colinas Addition, an addition to the City of Coppell, Texas according to the plat thereof recorded in Volume 99028, Page 0027, Map Records, Dallas County, Texas; THENCE, North 89 degrees 45 minutes 17 seconds West, with the common line of said Lot 1R, Block 1 and Lot 2, Block 1, a distance of 606.27 feet to a 1/2-inch iron rod with yellow plastic cap stamped “HALFF ASSOC., INC.” found at the southwest corner of said 6.0454 acre tract; THENCE, North 00 degrees 23 minutes 05 seconds East, leaving said common line, a distance of 814.48 feet to point on said corner clip; THENCE, North 86 degrees 48 minutes 13 seconds East, with said corner clip, a distance of 11.47 feet to the POINT OF BEGINNING; CONTAINING, 263,339 square feet or 6.0454 acres of land, more or less. WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: Finance November 10, 2009 10 ✔ ORDINANCE Consider approval of an Ordinance authorizing the issuance and sale of City of Coppell, Texas, General Obligation Refunding Bond, Series 2009, levying an annual ad valorem tax and providing for the security for and payment of said bond; and enacting other provisions relating to the subject and authorizing the Mayor to sign. The purpose of this issue is to refund previously issued General Obligation and Water & Sewer Revenue Bonds to take advantage of the current interest rate environment. This issue does not include any new additional debt, and the new refunding bonds will maintain a similar maturity schedule as the original bonds. The gross debt service savings is approximately $2,000,000 over a ten (10) year period or $200,000 in annual savings. Staff recommends approval. $GOREF2009-1AR ORDINANCE NO. ___________ AUTHORIZING THE ISSUANCE AND SALE OF CITY OF COPPELL, TEXAS, GENERAL OBLIGATION REFUNDING BOND, SERIES 2009; LEVYING AN ANNUAL AD VALOREM TAX AND PROVIDING FOR THE SECURITY FOR AND PAYMENT OF SAID BOND; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT THE STATE OF TEXAS § COUNTIES OF DALLAS AND DENTON § CITY OF COPPELL § WHEREAS, certain previously issued and outstanding obligations of the City of Coppell, Texas (the "Issuer") described in Schedule I attached hereto and incorporated herein (collectively, the "Refunded Obligations") are intended to be and shall be refunded pursuant to this Ordinance; WHEREAS, Chapter 1207, Texas Government Code, authorizes the Issuer to issue refunding bonds and to deposit the proceeds from the sale thereof, together with any other available funds or resources, directly with a paying agent for the Refunded Obligations or a trust company or commercial bank that does not act as a depository for the Issuer and is named in these proceedings, and such deposit, if made before the payment dates of the Refunded Obligations, shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the Refunded Obligations; WHEREAS, Chapter 1207, Texas Government Code, further authorizes the Issuer to enter into an escrow or similar agreement with such paying agent for the Refunded Obligations or trust company or commercial bank with respect to the safekeeping, investment, reinvestment, administration and disposition of any such deposit, upon such terms and conditions as the Issuer and such paying agent or trust company or commercial bank may agree; WHEREAS, Wells Fargo Bank, N.A. is a paying agent for the Refunded Obligations, and the Escrow Agreement, wherein Wells Fargo Bank, N.A. is the Escrow Agent, hereinafter authorized constitutes an escrow agreement of the kind authorized and permitted by said Chapter 1207; WHEREAS, the City Council hereby finds and declares a public purpose and it is in the best interests of the Issuer to refund the Refunded Obligations in order to achieve a debt service savings and to restructure the Issuer's outstanding debt service, and that such refunding will result in a present value debt service savings of approximately $_____________________ and an actual debt service savings of $_____________________ to the Issuer; WHEREAS, all the Refunded Obligations mature or are subject to redemption prior to maturity within 20 years of the date of the bond hereinafter authorized; WHEREAS, the bond hereafter authorized is being issued and delivered pursuant to the general laws of the State of Texas, including said Chapter 1207, Texas Government Code; and WHEREAS, It is officially found, determined, and declared that the meeting at which this Ordinance has been adopted was open to the public and public notice of the time, place and subject matter of the public business to be considered and acted upon at said meeting, including this Ordinance, was given, all as required by the applicable provisions of Tex. Gov't Code Ann. ch. 551; Now, Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: 2 Section 1. RECITALS, AMOUNT AND PURPOSE OF THE BOND. The recitals set forth in the preamble hereof are incorporated herein and shall have the same force and effect as if set forth in this Section. The bond of the City of Coppell, Texas (the "Issuer") is hereby authorized to be issued and delivered in the aggregate principal amount of $8,070,000 for the public purpose of refunding the Refunded Obligations, and to pay the costs incurred in connection with the issuance of the Bond. Section 2. DESIGNATION, DATE, DENOMINATION, NUMBER, AND MATURITY AND INTEREST RATE OF BOND. Each bond issued pursuant to this Ordinance shall be designated: "CITY OF COPPELL, TEXAS, GENERAL OBLIGATION REFUNDING BOND, SERIES 2009," and there shall be issued, sold, and delivered hereunder one fully registered bond, without interest coupons, dated November 15, 2009, in the denomination and principal amount of $8,070,000, numbered R-1, with any bond issued in replacement thereof being in the denomination of the full principal amount of the series of which the bond is issued and numbered consecutively from R-2 upward, payable in installments to the registered owner thereof, or to the registered assignee of said bond (in each case, the "Registered Owner"). Principal of said Bond shall mature and be payable in installments on the dates and in the amounts stated in the FORM OF BOND set forth in this Ordinance. The Bond shall bear interest on the unpaid balance of the principal amount thereof from the date of delivery to the scheduled due date, or date of prepayment or redemption prior to the scheduled due date, of the principal installments of the Bond at the rate of interest stated in the FORM OF BOND set forth in this Ordinance. Said interest shall be payable in the manner provided and on the dates stated in the FORM OF BOND set forth in this Bond. The term "Bond" as used in this Ordinance shall mean and include collectively the bond initially issued and delivered pursuant to this Ordinance and any substitute bond exchanged therefor, as well as any other substitute or replacement bond issued pursuant hereto, and the term "Bond" shall mean any such bond. Section 3. CHARACTERISTICS OF THE BOND. (a) Registration. The Issuer shall keep or cause to be kept at the principal office of ____________________________________, ____________, Texas (the "Paying Agent/Registrar"), books or records for the registration of the transfer and exchange of the Bond (the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such registrations of transfers and exchanges under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such registrations, transfers and exchanges as herein provided. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the Registered Owner of each Bond to which payments with respect to the Bond shall be mailed, as herein provided; but it shall be the duty of each Registered Owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. The Issuer shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such registration, transfer, exchange and delivery of a substitute Bond. Registration of assignments, transfers and exchanges of a Bond shall be made in the manner provided and with the effect stated in the FORM OF BOND set forth in this Ordinance. Each substitute Bond shall bear a letter and/or number to distinguish it from each other Bond. 3 (b) Transfer and Exchange; Authentication. Except as provided in Section 3(f) of this Ordinance, an authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Bond, date and manually sign said Bond, and no such Bond shall be deemed to be issued or outstanding unless such Bond is so authenticated. The Paying Agent/Registrar promptly shall cancel any Bond surrendered for exchange. No additional ordinances, orders, or resolutions need be passed or adopted by the governing body of the Issuer or any other body or person so as to accomplish the foregoing conversion and exchange of any Bond or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of a substitute Bond in the manner prescribed herein. Pursuant to Chapter 1201, Government Code, as amended, the duty of transfer of a Bond as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of said Bond, the exchanged Bond shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Bond that initially was issued and delivered pursuant to this Ordinance, approved by the Attorney General and registered by the Comptroller of Public Accounts. (c) Payment of Bond and Interest. The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Bond, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Bond, shall properly and accurately record all payments on the Bond on the Registration Books, and shall keep proper records of all exchanges of Bonds, and all replacements of Bonds, as provided in this Ordinance. However, in the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the past due interest shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of the Registered Owner appearing on the Registration Books at the close of business on the last business day next preceding the date of mailing of such notice. (d) In General. The Bond (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Bond to be payable only to the Registered Owner thereof, (ii) may and shall be prepaid or redeemed prior to its scheduled maturity (notice of which shall be given to the Paying Agent/Registrar by the Issuer at least 30 days prior to any such redemption date), (iii) may be exchanged for another Bond, (iv) may be transferred and assigned, (v) shall have the characteristics, (vi) shall be signed, sealed, executed and authenticated, (vii) the principal of and interest on the Bond shall be payable, and (viii) shall be administered and the Paying Agent/Registrar and the Issuer shall have certain duties and responsibilities with respect to the Bond, all as provided, and in the manner and to the effect as required or indicated, in the FORM OF BOND set forth in this Ordinance. (e) Paying Agent/Registrar. The Issuer covenants with the Registered Owner of the Bond that at all times while the Bond is outstanding the Issuer will provide a competent and legally qualified bank, trust company, financial institution, or other entity to act as and perform the services of Paying Agent/Registrar for the Bond under this Ordinance, and that the Paying Agent/Registrar will be one entity. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 20 days written notice to the Paying Agent/Registrar, to be effective not later than 15 days prior to the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), 4 along with all other pertinent books and records relating to the Bond, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to the Registered Owner of the Bond, by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. (f) Except as provided below, no Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit of this Ordinance unless and until there appears thereon the Paying Agent/Registrar's Authentication Certificate substantially in the form provided in this Ordinance, duly authenticated by manual execution of the Paying Agent/Registrar. It shall not be required that the same authorized representative of the Paying Agent/Registrar sign the Certificate of Paying Agent/Registrar on the Bond. In lieu of the executed Certificate of Paying Agent/Registrar described above, the Initial Bond delivered on the closing date shall have attached thereto the Comptroller's Registration Certificate substantially in the form provided in this Ordinance, manually executed by the Comptroller of Public Accounts of the State of Texas or by his duly authorized agent, which certificate shall be evidence that the Initial Bond has been duly approved by the Attorney General of the State of Texas and that it is a valid and binding obligation of the Issuer, and has been registered by the Comptroller. (g) Delivery of Initial Bond. On the closing date, one initial Bond representing the entire principal amount of the Bond, payable in stated installments to the purchaser designated in Section 10 or its designee, executed by manual or facsimile signature of the Mayor (or in his absence, by the Mayor Pro Tem) and City Secretary of the Issuer, approved by the Attorney General of Texas, and registered and manually signed by the Comptroller of Public Accounts of the State of Texas, and with the date of delivery inserted thereon by the Paying Agent/Registrar, will be delivered to such purchaser or its designee. Section 4. FORM OF BOND. The form of the Bond, including the form of Paying Agent/Registrar's Authentication Certificate, the form of Assignment and the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be attached to the Bond initially issued and delivered pursuant to this Ordinance, shall be, respectively, substantially as follows, with such appropriate variations, omissions or insertions as are permitted or required by this Ordinance. (a) Form of Bond. NO. R- UNITED STATES OF AMERICA STATE OF TEXAS PRINCIPAL AMOUNT $8,070,000 CITY OF COPPELL, TEXAS GENERAL OBLIGATION REFUNDING BOND SERIES 2009 Interest Rate Delivery Date _________________ ___________________, 2009 REGISTERED OWNER: ________________________________________________ 5 PRINCIPAL AMOUNT: EIGHT MILLION SEVENTY THOUSAND DOLLARS The City of Coppell, Texas (the "Issuer"), being a political subdivision of the State of Texas located in Dallas and Denton Counties, Texas, for value received, promises to pay, from the sources described herein, to the registered owner specified above, or registered assigns, the principal amount specified above, and to pay interest thereon, from the Delivery Date set forth above, on the balance of said principal amount from time to time remaining unpaid, at the rate per annum set forth above, calculated on the basis of a 360-day year of twelve 30-day months. The unpaid principal of this Bond shall mature and shall be paid in installments on the dates and in the amounts set forth in the table below: Payment Date Principal Installment Payment Date Principal Installment February 1, 2010 $1,815,000 February 1, 2016 $815,000 February 1, 2011 800,000 February 1, 2017 835,000 February 1, 2012 845,000 February 1, 2018 185,000 February 1, 2013 830,000 February 1, 2019 190,000 February 1, 2014 770,000 February 1, 2020 190,000 February 1, 2015 795,000 THE PRINCIPAL OF AND INTEREST ON THIS BOND are payable in lawful money of the United States of America, without exchange or collection charges. The Issuer shall pay interest on this Bond on February 1, 2010 and on each August 1 and February 1 thereafter to the date of maturity or redemption prior to maturity. The last principal installment of this Bond shall be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity, or upon the date fixed for its redemption prior to maturity, at the principal office of ____________________________________, ____________, Texas, which is the "Paying Agent/Registrar" for this Bond. The payment of all other principal installments of and interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each principal and interest payment date by check or draft, dated as of such principal and interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the Bond Ordinance to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at its address as it appeared at the close of business on the fifteenth business day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. In addition, principal and interest may be paid by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. ANY ACCRUED INTEREST due in connection with the final installment of principal of this Bond or upon redemption of this Bond in whole at the option of the Issuer prior to maturity as provided herein shall be paid to the registered owner upon presentation and surrender of this Bond for payment at the principal corporate trust office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Bond that on or before each principal payment date and interest payment date for this Bond it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Bond, when due. 6 IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday or a day on which banking institutions in the city where the principal corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day that is not such a Saturday, Sunday, legal holiday or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS BOND is dated November 15, 2009, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $8,070,000 for the public purpose of refunding certain outstanding obligations of the Issuer, and to pay the costs incurred in connection with the issuance of the Bond. ON _____________________, ________, or any date thereafter, the principal installments of this Bond may be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in part, and, if in part, the particular principal installments or portions thereof, to be redeemed shall be selected and designated by the Issuer, at a redemption price equal to the principal amount to be redeemed plus accrued interest to the date fixed for redemption. AT LEAST 20 days prior to the date fixed for any optional redemption of the Bond or portions thereof prior to maturity a written notice of such redemption shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, to the Registered Owner of the Bond at its address as it appeared on the Registration Books on the day such notice of redemption is mailed; provided, however, that the failure of the Registered Owner to receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of this Bond. By the date fixed for any such redemption, due provision shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the Bond or portions thereof which are to be so redeemed. If such written notice of redemption is sent and if due provision for such payment is made, all as provided above, the Bond or portions thereof which are to be so redeemed thereby automatically shall be treated as redeemed prior to its scheduled maturity, and shall not bear interest after the date fixed for redemption, and shall not be regarded as being outstanding except for the right of the Registered Owner to receive the redemption price from the Paying Agent/Registrar out of the funds provided for such payment. UPON THE PAYMENT or partial redemption of this Bond, the Paying Agent/Registrar shall note in the Payment Record appearing on this Bond the amount of such payment, the date said payment was made and the remaining unpaid principal balance of this Bond and shall then have said entry signed by an authorized official of the Paying Agent/Registrar. The Paying Agent/Registrar shall also record such information in the Bond Registration Books, and the Paying Agent/Registrar shall also record in the Bond Registration Books all payments of principal installments on such Bond when made on their respective due dates. THIS BOND is issuable in the form of one fully-registered Bond without coupons in the denomination of $8,070,000. This Bond may be transferred or exchanged as provided in the Bond Ordinance, only upon the registration books kept for that purpose at the above-mentioned office of the Paying Agent/Registrar upon surrender of this Bond together with a written instrument of transfer or authorization for exchange satisfactory to the Paying Agent/Registrar and duly executed by the registered owner or his duly authorized attorney, and thereupon a new Bond of the same maturity and in the same 7 aggregate principal amount shall be issued by the Paying Agent/Registrar to the transferee in exchange therefor as provided in the Bond Ordinance, and upon payment of the charges therein prescribed. The Issuer and the Paying Agent/Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof for the purpose of receiving payment of, or on account of, the principal or redemption price hereof and interest due hereon and for all other purposes. The Paying Agent/Registrar shall not be required to make any such transfer or exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or (ii) within 30 days prior to a redemption date. IN THE EVENT any Paying Agent/Registrar for this Bond is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and cause written notice thereof to be mailed to the registered owner of the Bond. THIS BOND shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordinance until the Certificate of Authentication shall have been executed by the Paying Agent/Registrar or the Comptroller's Registration Certificate hereon shall have been executed by the Texas Comptroller of Public Accounts. IT IS HEREBY certified, recited and covenanted that this Bond has been duly and validly authorized, issued and delivered; that all acts, conditions and things required or proper to be performed, exist and be done precedent to or in the authorization, issuance and delivery of this Bond have been performed, existed and been done in accordance with law; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Bond, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in said Issuer, and have been pledged for such payment, within the limit prescribed by law, and that this Bond is additionally secured by and payable from a pledge of the surplus revenues of the Issuer's waterworks and sewer system remaining after payment of all operation and maintenance expenses thereof, and all debt service, reserve and other requirements in connection with all of the Issuer's revenue obligations (now or hereafter outstanding) that are payable from all or part of said revenues, all as provided in the Bond Ordinance. THE ISSUER HAS RESERVED THE RIGHT to amend the Bond Ordinance as provided therein, and under some (but not all) circumstances amendments thereto must be approved by the registered owner of the Bond. BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Bond Ordinance constitute a contract between each registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or facsimile signature of the Mayor (or in her absence, by the Mayor Pro Tem) of the Issuer and countersigned with the manual or facsimile signature of the City Secretary of said Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Bond. (signature) (signature) City Secretary Mayor 8 (SEAL) (b) Form of Payment Record. PAYMENT RECORD Date of Payment Principal Payment (amount and installment(s) to which payment is applied) Remaining Principal Balance Name and Title of Authorized Officer making Entry Signature of Authorized Officer (c) Form of Paying Agent/Registrar's Authentication Certificate. PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE (To be executed if this Bond is not accompanied by an executed Registration Certificate of the Comptroller of Public Accounts of the State of Texas) It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described in the text of this Bond; and that this Bond has been issued in replacement of, or in exchange for, a Bond that originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. Dated: __________________. ____________________________________, ____________, Texas Paying Agent/Registrar By:______________________________ Authorized Representative (d) Form of Assignment. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto 9 Please insert Social Security or Taxpayer Identification Number of Transferee: Please print or typewrite name and address, including zip code of Transferee: the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints , attorney, to register the transfer of the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: _________________. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by an eligible guarantor institution participating in a securities transfer association recognized signature guarantee program. NOTICE: The signature above must correspond with the name of the Registered Owner as it appears upon the front of this Bond in every particular, without alteration or enlargement or any change whatsoever. (e) Form of Registration Certificate of the Comptroller of Public Accounts. COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. _____________ I hereby certify that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this __________________. __________________________________________ Comptroller of Public Accounts of the State of Texas (COMPTROLLER'S SEAL) Section 5. INTEREST AND SINKING FUND. (a) A special "Interest and Sinking Fund" is hereby created and shall be established and maintained by the Issuer at an official depository bank of said Issuer. Said Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of said Issuer, and shall be used only for paying the interest on and principal of said Bond. All ad valorem taxes levied and collected for and on account of said Bond shall be deposited, as collected, to the credit of said Interest and Sinking Fund. During each year while any of said Bond is outstanding and unpaid, the governing body of said Issuer 10 shall compute and ascertain a rate and amount of ad valorem tax that will be sufficient to raise and produce the money required to pay the interest on said Bond as such interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of said Bond as such principal matures (but never less than 2% of the original amount of said Bond as a sinking fund each year); and said tax shall be based on the latest approved tax rolls of said Issuer, with full allowances being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in said Issuer, for each year while said Bond are outstanding and unpaid, and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of said Bond, as such interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. Notwithstanding the requirements of this subsection, if lawfully available moneys of the Issuer are actually on deposit in the Interest and Sinking Fund in advance of the time when ad valorem taxes are scheduled to be levied for any year, then the amount of taxes that otherwise would have been required to be levied pursuant to this subsection may be reduced to the extent and by the amount of lawfully available funds then on deposit in the Interest and Sinking Fund. (b) Article 1208, Government Code, applies to the issuance of the Bond and the pledge of the taxes granted by the Issuer under this Section, and is therefore valid, effective, and perfected. Should Texas law be amended at any time while the Bond is outstanding and unpaid, the result of such amendment being that the pledge of the taxes granted by the Issuer under this Section is to be subject to the filing requirements of Chapter 9, Business & Commerce Code, in order to preserve to the Registered Owner of the Bond a security interest in said pledge, the Issuer agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9, Business & Commerce Code and enable a filing of a security interest in said pledge to occur. Section 6. DEFEASANCE OF BOND. (a) Any Bond and the interest thereon shall be deemed to be paid, retired and no longer outstanding (a "Defeased Bond") within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section, when payment of the principal of such Bond, plus interest thereon to the due date (whether such due date be by reason of maturity or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar in accordance with an escrow agreement or other instrument (the "Future Escrow Agreement") for such payment (1) lawful money of the United States of America sufficient to make such payment or (2) Defeasance Securities that mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment of its services until the Defeased Bond shall have become due and payable. At such time as a Bond shall be deemed to be a Defeased Bond hereunder, as aforesaid, such Bond and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Defeasance Securities. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem a Defeased Bond that is made in conjunction with the payment arrangements specified in subsection 6(a)(i) or (ii) shall not be irrevocable, provided that: (1) in the proceedings providing for such payment arrangements, the Issuer expressly reserves the right to call the Defeased Bond for redemption; (2) gives notice of the reservation of that right to the 11 Registered Owner of the Defeased Bond immediately following the making of the payment arrangements; and (3) directs that notice of the reservation be included in any redemption notices that it authorizes. (b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the Issuer be invested in Defeasance Securities, maturing in the amounts and times as hereinbefore set forth, and all income from such Defeasance Securities received by the Paying Agent/Registrar that is not required for the payment of the Bond and interest thereon, with respect to which such money has been so deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. Any Future Escrow Agreement pursuant to which the money and/or Defeasance Securities are held for the payment of a Defeased Bond may contain provisions permitting the investment or reinvestment of such moneys in Defeasance Securities or the substitution of other Defeasance Securities upon the satisfaction of the requirements specified in subsection 6(a)(i) or (ii). All income from such Defeasance Securities received by the Paying Agent/Registrar which is not required for the payment of the Defeased Bond, with respect to which such money has been so deposited, shall be remitted to the Issuer or deposited as directed in writing by the Issuer. (c) The term "Defeasance Securities" means (i) direct, noncallable obligations of the United States of America, including obligations that are unconditionally guaranteed by the United States of America., (ii) noncallable obligations of an agency or instrumentality of the United States of America, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date of the purchase thereof are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, and (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the Issuer adopts or approves the proceedings authorizing the financial arrangements are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. (d) Until the Defeased Bond shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Bond the same as if they had not been defeased, and the Issuer shall make proper arrangements to provide and pay for such services as required by this Ordinance. Section 7. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BOND. (a) Replacement Bond. In the event any outstanding Bond is damaged, mutilated, lost, stolen or destroyed, the Paying Agent/Registrar shall cause to be printed, executed and delivered, a new Bond of the same principal amount, maturity and interest rate, as the damaged, mutilated, lost, stolen or destroyed Bond, in replacement for such Bond in the manner hereinafter provided. (b) Application for Replacement Bond. Application for replacement of a damaged, mutilated, lost, stolen or destroyed Bond shall be made by the Registered Owner thereof to the Paying Agent/Registrar. In every case of loss, theft or destruction of a Bond, the Registered Owner applying for a replacement Bond shall furnish to the Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft or destruction of a Bond, the Registered Owner shall furnish to the Issuer and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft or destruction of such Bond, as the case may be. In every case of damage or mutilation of a Bond, the Registered Owner shall surrender to the Paying Agent/Registrar for cancellation the Bond so damaged or mutilated. 12 (c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the event any such Bond shall have matured, and no default has occurred that is then continuing in the payment of the principal of, redemption premium, if any, or interest on the Bond, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a replacement Bond, provided security or indemnity is furnished as above provided in this Section. (d) Charge for Issuing Replacement Bond. Prior to the issuance of any replacement Bond, the Paying Agent/Registrar shall charge the Registered Owner of such Bond with all legal, printing, and other expenses in connection therewith. Every replacement Bond issued pursuant to the provisions of this Section by virtue of the fact that any Bond is lost, stolen or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen or destroyed Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance. (e) Authority for Issuing Replacement Bond. In accordance with Sec. 1206.022, Government Code, this Section 7 of this Ordinance shall constitute authority for the issuance of any such replacement Bond without necessity of further action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such Bond is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Bond in the form and manner and with the effect, as provided in Section 3(a) of this Ordinance for a Bond issued in conversion and exchange for another Bond. Section 8. CUSTODY, APPROVAL, AND REGISTRATION OF BOND; BOND COUNSEL'S OPINION; CUSIP NUMBERS AND CONTINGENT INSURANCE PROVISION, IF OBTAINED; ENGAGEMENT OF BOND COUNSEL. (a) The Mayor of the Issuer is hereby authorized to have control of the Bond initially issued and delivered hereunder and all necessary records and proceedings pertaining to the Bond pending its delivery and their investigation, examination, and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Bond said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate attached to such Bond, and the seal of said Comptroller shall be impressed, or placed in facsimile, on such Bond. The approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers (if obtained) may, at the option of the Issuer, be printed on the Bond issued and delivered under this Ordinance, but neither shall have any legal effect, and shall be solely for the convenience and information of the Registered Owner of the Bond. In addition, if bond insurance is obtained, the Bond may bear an appropriate legend as provided by the insurer. (b) The obligation of the initial purchaser to accept delivery of the Bond is subject to the initial purchaser being furnished with the final, approving opinion of McCall, Parkhurst & Horton L.L.P., bond counsel to the Issuer, which opinion shall be dated as of and delivered on the date of initial delivery of the Bond to the initial purchaser. The engagement of such firm as bond counsel to the Issuer in connection with issuance, sale and delivery of the Bond is hereby approved and confirmed. The execution and delivery of an engagement letter between the Issuer and such firm, with respect to such services as bond counsel, is hereby authorized in such form as may be approved by the Mayor, and the Mayor is hereby authorized to execute such engagement letter. Section 9. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE BOND. 13 (a) Covenants. The Issuer covenants to take any action necessary to assure, or refrain from any action that would adversely affect, the treatment of the Bond as an obligation described in section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows: (1) to take any action to assure that no more than 10 percent of the proceeds of the Bond (less amounts deposited to a reserve fund, if any) are used for any "private business use," as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds or the projects financed therewith are so used, such amounts, whether or not received by the Issuer, with respect to such private business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Bond, in contravention of section 141(b)(2) of the Code; (2) to take any action to assure that in the event that the "private business use" described in subsection (1) hereof exceeds 5 percent of the proceeds of the Bond or the projects financed therewith (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private business use" that is "related" and not "disproportionate," within the meaning of section 141(b)(3) of the Code, to the governmental use; (3) to take any action to assure that no amount that is greater than the lesser of $5,000,000, or 5 percent of the proceeds of the Bond (less amounts deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; (4) to refrain from taking any action that would otherwise result in the Bond being treated as a "private activity bond" within the meaning of section 141(b) of the Code; (5) to refrain from taking any action that would result in the Bond being "federally guaranteed" within the meaning of section 149(b) of the Code; (6) to refrain from using any portion of the proceeds of the Bond, directly or indirectly, to acquire or to replace funds that were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) of the Code) that produces a materially higher yield over the term of the Bond, other than investment property acquired with – (A) proceeds of the Bond invested for a reasonable temporary period of 3 years or less or, in the case of an advance refunding bond, for a period of 30 days or less until such proceeds are needed for the purpose for which the Bond is issued, and in the case of a current refunding bond, for a period of 90 days or less, (B) amounts invested in a bona fide debt service fund, within the meaning of section 1.148-1(b) of the Treasury Regulations, and (C) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the Bond; 14 (7) to otherwise restrict the use of the proceeds of the Bond or amounts treated as proceeds of the Bond, as may be necessary, so that the Bond does not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); and (8) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Bond) an amount that is at least equal to 90 percent of the "Excess Earnings," within the meaning of section 148(f) of the Code and to pay to the United States of America, not later than 60 days after the Bond has been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code. (b) Rebate Fund. In order to facilitate compliance with the above covenant (a)(8), a "Rebate Fund" is hereby established by the Issuer for the sole benefit of the United States of America, and such Fund shall not be subject to the claim of any other person, including without limitation the Registered Owner. The Rebate Fund is established for the additional purpose of compliance with section 148 of the Code. (c) Use of Proceeds. The Issuer understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations (hereinafter defined) and, in the case of refunding bonds, transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date of issuance of the Bond. It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto (the "Treasury Regulations"). In the event that regulations or rulings are hereafter promulgated that modify or expand provisions of the Code, as applicable to the Bond, the Issuer will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion of nationally recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Bond under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated that impose additional requirements applicable to the Bond, the Issuer agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Bond under section 103 of the Code. In furtherance of such intention, the Issuer hereby authorizes and directs the Mayor to execute any documents, certificates or reports required by the Code and to make such elections, on behalf of the Issuer, that may be permitted by the Code as are consistent with the purpose for the issuance of the Bond. (d) Disposition of Projects. The Issuer covenants that the projects funded with the proceeds of the Refunded Obligations will not be sold or otherwise disposed in a transaction resulting in the receipt by the Issuer of cash or other compensation, unless the Issuer obtains an opinion of nationally-recognized bond counsel that such sale or other disposition will not adversely affect the tax-exempt status of the Bond. For purposes of the foregoing, the portion of the property comprising personal property and disposed in the ordinary course shall not be treated as a transaction resulting in the receipt of cash or other compensation. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains a legal opinion that such failure to comply will not adversely affect the excludability for federal income tax proposes from gross income of the interest. (e) Designation as a Qualified Tax-Exempt Obligation. The Issuer hereby designates the Bond as a "qualified tax-exempt obligation" as defined in section 265(b)(3) of the Code. In furtherance of such designation, the Issuer represents, covenants and warrants the following: (a) that during the calendar year in which the Bond is issued, the Issuer (including any subordinate entities) has not designated nor will 15 designate tax-exempt obligations, which when aggregated with the Bond, will result in more than $10,000,000 ($30,000,000 for taxable years beginning after December 31, 2008 and ending prior to January 1, 2011) of "qualified tax-exempt obligations" being issued; (b) that the Issuer reasonably anticipates that the amount of tax-exempt obligations issued, during the calendar year in which the Bond is issued, by the Issuer (or any subordinate entities) will not exceed $10,000,000 ($30,000,000 for taxable years beginning after December 31, 2008 and ending prior to January 1, 2011); and, (c) that the Issuer will take such action or refrain from such action as necessary, and as more particularly set forth in this Section, in order that the Bond will not be considered a "private activity bond" within the meaning of section 141 of the Code. Section 10. SALE OF BOND. The Bond is hereby initially sold and shall be delivered to ___________________________________, ___________, ___________ (the "Purchaser"), for cash for the par value thereof, pursuant to the private placement letter dated the date of the final passage of this Ordinance which the Mayor is hereby authorized to execute and deliver. The Bond shall initially be registered in the name of the Purchaser. It is hereby officially found, determined, and declared that the terms of this sale are the most advantageous reasonably obtainable. Section 11. FURTHER PROCEDURES. The Mayor and Mayor Pro Tem, the City Manager and City Secretary and all other officers, employees and agents of the Issuer, and each of them, shall be and they are hereby expressly authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the Issuer a Paying Agent/Registrar Agreement with the Paying Agent/Registrar and all other instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the Bond, the sale of the Bond and the Official Statement, if such an Official Statement is prepared. In case any officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. Section 12. NO RULE 15c2-12 UNDERTAKING. The Issuer has not made an undertaking in accordance with Rule 15c2-12 of the Securities and Exchange Commission (the "Rule"). The Issuer is not, therefore, obligated pursuant to the Rule to provide any on-going disclosure relating to the Issuer or the Bond. Section 13. METHOD OF AMENDMENT. The Issuer hereby reserves the right to amend this Ordinance subject to the following terms and conditions, to-wit: (a) The Issuer may from time to time, without the consent of the Registered Owner, except as otherwise required by paragraph (b) below, amend or supplement this Ordinance in order to (i) cure any ambiguity, defect or omission in this Ordinance that does not materially adversely affect the interests of the holders, (ii) grant additional rights or security for the benefit of the holders, (iii) add events of default as shall not be inconsistent with the provisions of this Ordinance and that shall not materially adversely affect the interests of the holders, (iv) qualify this Ordinance under the Trust Indenture Act of 1939, as amended, or corresponding provisions of federal laws from time to time in effect, or (v) make such other provisions in regard to matters or questions arising under this Ordinance as shall not be inconsistent with the provisions of this Ordinance and that shall not in the opinion of the Issuer's Bond Counsel materially adversely affect the interests of the holders. 16 (b) Except as provided in paragraph (a) above, the Registered Owner shall have the right from time to time to approve any amendment hereto that may be deemed necessary or desirable by the Issuer; provided, however, that without the consent of the Registered Owner, nothing herein contained shall permit or be construed to permit amendment of the terms and conditions of this Ordinance or in the Bond so as to: (1) Make any change in the maturity of the Bond; (2) Reduce the rate of interest borne by the Bond; (3) Reduce the amount of the principal of, or redemption premium, if any, payable on the Bond; (4) Modify the terms of payment of principal or of interest or redemption premium on the Bond or impose any condition with respect to such payment; or (5) Change the requirement with respect to Registered Owner consent to such amendment. (c) If at any time the Issuer shall desire to amend this Ordinance under this Section, the Issuer shall send by U.S. mail to the Registered Owner of the Bond a copy of the proposed amendment. (d) Whenever at any time within one year from the date of mailing of such notice the Issuer shall receive an instrument or instruments executed by the Registered Owner of the Bond, which instrument or instruments shall refer to the proposed amendment and that shall specifically consent to and approve such amendment, the Issuer may adopt the amendment in substantially the same form. (e) Upon the adoption of any amendatory Ordinance pursuant to the provisions of this Section, this Ordinance shall be deemed to be modified and amended in accordance with such amendatory Ordinance, and the respective rights, duties, and obligations of the Issuer and the Registered Owner of the Bond shall thereafter be determined, exercised, and enforced, subject in all respects to such amendment. (f) Any consent given by the Registered Owner of the Bond pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the mailing of the notice provided for in this Section, and shall be conclusive and binding upon all future holders of the same Bond during such period. Such consent may be revoked at any time after six months from the date of the mailing of said notice by the Registered Owner, or by a successor in title, by filing notice with the Issuer. For the purposes of establishing ownership of the Bond, the Issuer shall rely solely upon the registration of the ownership of such Bond on the registration books kept by the Paying Agent/Registrar. Section 14. DEFAULT AND REMEDIES (a) Events of Default. Each of the following occurrences or events for the purpose of this Ordinance is hereby declared to be an Event of Default: (i) the failure to make payment of the principal of or interest on the Bond when the same becomes due and payable; or 17 (ii) default in the performance or observance of any other covenant, agreement or obligation of the City, the failure to perform which materially, adversely affects the rights of the Registered Owner of the Bond, including, but not limited to, their prospect or ability to be repaid in accordance with this Ordinance, and the continuation thereof for a period of 60 days after notice of such default is given by the Registered Owner to the City. (b) Remedies for Default. Upon the happening of any Event of Default, then and in every case, the Registered Owner or an authorized representative thereof, including, but not limited to, a trustee or trustees therefor, may proceed against the City for the purpose of protecting and enforcing the rights of the Registered Owner under this Ordinance, by mandamus or other suit, action or special proceeding in equity or at law, in any court of competent jurisdiction, for any relief permitted by law, including the specific performance of any covenant or agreement contained herein, or thereby to enjoin any act or thing that may be unlawful or in violation of any right of the Registered Owner hereunder or any combination of such remedies. (c) Remedies Not Exclusive. (i) No remedy herein conferred or reserved is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or under the Bond or now or hereafter existing at law or in equity; provided, however, that notwithstanding any other provision of this Ordinance, the right to accelerate the debt evidenced by the Bond shall not be available as a remedy under this Ordinance. (ii) The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of any other available remedy. (iii) By accepting the delivery of a Bond authorized under this Ordinance, the Registered Owner agrees that the certifications required to effectuate any covenants or representations contained in this Ordinance do not and shall never constitute or give rise to a personal or pecuniary liability or charge against the officers, employees or trustees of the City or the City Council. Section 15. APPROVAL OF ESCROW AGREEMENT AND TRANSFER OF FUNDS. The Mayor of the Issuer is hereby authorized and directed to execute and deliver the Escrow Agreement with Wells Fargo Bank, N.A., in substantially the form presented at this meeting. In addition, the Mayor or other officer of the Issuer is authorized to purchase such securities, to execute subscriptions for the purchase of U. S. Treasury Securities, State and Local Government Series, and to authorize such contributions, as may be necessary for the Escrow Fund. Section 16. REDEMPTION OF REFUNDED OBLIGATIONS. (a) The Issuer hereby directs that the Refunded Obligations be called for redemption on the dates and as set forth on Schedule I. Each of such Refunded Obligations shall be redeemed at the redemption price of par plus accrued interest. The Mayor of the Issuer is hereby authorized and directed to issue or cause to be issued the Notices of Redemption of the Refunded Obligations in the forms set forth in Exhibit A attached hereto to the paying agent/registrar for the Refunded Obligations. (b) In addition, the paying agent/registrars for the Refunded Obligations are hereby directed to provide the appropriate notices of redemption and defeasance as specified by the ordinances authorizing the issuance of the Refunded Obligations and are hereby directed to make appropriate arrangements so 18 that the Refunded Obligations may be redeemed on their redemption dates. The Refunded Obligations shall be presented for redemption at the paying agent/registrars therefore, and shall not bear interest after the date fixed for redemption. (c) The source of funds for payment of the principal of and interest on the Refunded Obligations on their redemption date shall be from the funds placed in escrow with the Escrow Agent, pursuant to the Escrow Agreement approved in Section 15 of this Ordinance. Section 17. APPROPRIATION. To pay the debt service coming due on the Bond, if any, prior to receipt of the taxes levied to pay such debt service, there is hereby appropriated from current funds on hand, which are hereby certified to be on hand and available for such purpose, an amount sufficient to pay such debt service, and such amount shall be used for no other purpose. Section 18. SEVERABILITY. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any persons or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portion of this Ordinance, despite such invalidity, which remaining portions shall remain in full force and effect. Section 19. EFFECTIVE DATE. In accordance with the provisions of Texas Government Code, Section 1201.028, this Ordinance shall be effective immediately upon its adoption by the City Council. [Execution Page Follows] PASSED, APPROVED AND EFFECTIVE this __________________________, 2009. ______________________________________ Mayor, City of Coppell, Texas ATTEST: ______________________________________ City Secretary, City of Coppell, Texas [CITY SEAL] SCHEDULE I SCHEDULE OF REFUNDED BONDS Description Maturitie s Principal Amount Outstanding Principal Amount Refunded Combination Tax and Revenue Certificates of Obligation, Series 1997 2/1/2010 $ 60,000 $ 60,000 2/1/2011 60,000 60,000 2/1/2012 65,000 65,000 2/1/2013 70,000 70,000 2/1/2014 70,000 70,000 2/1/2017 240,000 240,000 Total $565,000 $565,000 Called for redemption on January 11, 2010, at par plus accrued interest. Description Maturitie s Principal Amount Outstanding Principal Amount Refunded General Obligation Refunding and Improvement Bonds, Series 1997 2/1/2010 $ 275,000 $ 275,000 2/1/2011 285,000 285,000 2/1/2012 305,000 305,000 2/1/2013 290,000 290,000 2/1/2014 220,000 220,000 2/1/2017 735,000 735,000 Total $2,110,000 $2,110,000 Called for redemption on January 11, 2010, at par plus accrued interest. Description Maturitie s Principal Amount Outstanding Principal Amount Refunded Waterworks and Sewer System Revenue Refunding and Improvement Bonds, Series 1997 9/1/2010 $1,125,000 $1,125,000 9/1/2011 225,000 225,000 9/1/2012 240,000 240,000 9/1/2013 250,000 250,000 9/1/2014 265,000 265,000 9/1/2017 870,000 870,000 Total $2,975,000 $2,975,000 Called for redemption on January 11, 2010, at par plus accrued interest. Description Maturitie s Principal Amount Outstanding Principal Amount Refunded Waterworks and Sewer System Revenue Bonds, Series 1999 9/1/2010 $ 100,000 $ 100,000 9/1/2011 100,000 100,000 9/1/2012 105,000 105,000 9/1/2013 110,000 110,000 9/1/2014 115,000 115,000 9/1/2015 125,000 125,000 9/1/2016 130,000 130,000 9/1/2017 135,000 135,000 9/1/2018 145,000 145,000 9/1/2019 150,000 150,000 Total $1,215,000 $1,215,000 Called for redemption on January 11, 2010, at par plus accrued interest. Description Maturitie s Principal Amount Outstanding Principal Amount Refunded Combination Tax and Revenue Certificates of Obligation, Series 2001 8/1/2010 $ 140,000 $ 140,000 8/1/2011 145,000 145,000 8/1/2012 155,000 155,000 8/1/2013 160,000 160,000 8/1/2014 170,000 170,000 8/1/2015 180,000 180,000 8/1/2016 185,000 185,000 8/1/2017 195,000 195,000 8/1/2018 210,000 210,000 8/1/2019 220,000 220,000 8/1/2020 230,000 230,000 Total $1,990,000 $1,990,000 Called for redemption on January 11, 2010, at par plus accrued interest. EXHIBIT A - NOTICES OF REDEMPTION NOTICE OF REDEMPTION CITY OF COPPELL, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION SERIES 1997 CUSIP PREFIX 217482 NOTICE IS HEREBY GIVEN that the City of Coppell, Texas has called for redemption the outstanding Certificates of Obligation of the City described as follows (the "Refunded Obligations"): City of Coppell, Texas Combination Tax and Revenue Certificates of Obligation, Series 1997, dated August 15, 1997, maturing February 1, 2010 through February 1, 2014, and February 1, 2017, in the aggregate principal amount of $565,000 (the "Refunded Obligations"), to the call date of the Refunded Obligations so called for redemption at Well Fargo Bank, N.A. Call date: January 11, 2010. Maturity Date Original Principal Amount Principal Amount to be Redeemed CUSIP Suffix 2/1/2010 $ 60,000 $ 60,000 2/1/2011 60,000 60,000 2/1/2012 65,000 65,000 2/1/2013 70,000 70,000 2/1/2014 70,000 70,000 2/1/2017 240,000 240,000 $565,000 $565,000 On January 11, 2010, interest on the Refunded Obligations shall cease to accrue and be payable. THE REFUNDED OBLIGATIONS shall be redeemed in whole at Well Fargo Bank, N.A as the Paying Agent/Registrar for said Refunded Obligations. Upon presentation of the Refunded Obligations at the Paying Agent/Registrar on the aforementioned redemption date, the holder thereof shall be entitled to receive the redemption price equal to par and accrued interest to the redemption date. NOTICE IS GIVEN that due and proper arrangements have been made for providing the place of payment of said Refunded Obligations called for redemption with funds sufficient to pay the principal amount of said Refunded Obligations and the interest thereon to the redemption date. In the event said Refunded Obligations, or any of them are not presented for redemption by the date fixed for their redemption, they shall not thereafter bear interest. UNDER THE PROVISIONS of Section 3406 of the Internal Revenue Code of 1986, as amended paying agents making payments of interest and principal on municipal securities may be obligated to A- withhold a tax from remittance to individuals who have failed to furnish the paying agent with a valid taxpayer identification number. Registered holders who wish to avoid the imposition of the tax should submit certified taxpayer identification numbers (via form W-9) when presenting the Refunded Obligations for payment. THIS NOTICE is issued and given pursuant to the redemption provisions in the proceedings authorizing the issuance of the aforementioned Refunded Obligations and in accordance with the recitals and provisions of said Refunded Obligations. NOTICE IS FURTHER GIVEN that the Refunded Obligations should be submitted to the following address: Registered or Certified Mail Hand/Courier or Overnight Mail In Person Wells Fargo Bank, N.A Corporate Trust Operations MAC N9303-121 PO Box 1517 Minneapolis, MN 55480 Wells Fargo Bank, N.A Corporate Trust Services, 12TH Floor MAC N9303-121 6TH & Marquette Ave. Minneapolis, MN 55479 Northstar East Building Corporate Trust Operations 608 2ND Avenue South Minneapolis, MN CITY OF COPPELL, TEXAS A- NOTICE OF REDEMPTION CITY OF COPPELL, TEXAS GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS SERIES 1997 CUSIP PREFIX 217482 NOTICE IS HEREBY GIVEN that the City of Coppell, Texas has called for redemption the outstanding Bonds of the City described as follows (the "Refunded Obligations"): City of Coppell, Texas General Obligation Refunding and Improvement Bonds, Series 1997, dated August 15, 1997, maturing February 1, 2010 through February 1, 2014, and February 1, 2017, in the aggregate principal amount of $2,110,000 (the "Refunded Obligations"), to the call date of the Refunded Obligations so called for redemption at Well Fargo Bank, N.A. Call date: January 11, 2010. Maturity Date Original Principal Amount Principal Amount to be Redeemed CUSIP Suffix 2/1/2010 $ 275,000 $ 275,000 2/1/2011 285,000 285,000 2/1/2012 305,000 305,000 2/1/2013 290,000 290,000 2/1/2014 220,000 220,000 2/1/2017 735,000 735,000 $2,110,000 $2,110,000 On January 11, 2010, interest on the Refunded Obligations shall cease to accrue and be payable. THE REFUNDED OBLIGATIONS shall be redeemed in whole at Well Fargo Bank, N.A. as the Paying Agent/Registrar for said Refunded Obligations. Upon presentation of the Refunded Obligations at the Paying Agent/Registrar on the aforementioned redemption date, the holder thereof shall be entitled to receive the redemption price equal to par and accrued interest to the redemption date. NOTICE IS GIVEN that due and proper arrangements have been made for providing the place of payment of said Refunded Obligations called for redemption with funds sufficient to pay the principal amount of said Refunded Obligations and the interest thereon to the redemption date. In the event said Refunded Obligations, or any of them are not presented for redemption by the date fixed for their redemption, they shall not thereafter bear interest. UNDER THE PROVISIONS of Section 3406 of the Internal Revenue Code of 1986, as amended paying agents making payments of interest and principal on municipal securities may be obligated to withhold a tax from remittance to individuals who have failed to furnish the paying agent with a valid taxpayer identification number. Registered holders who wish to avoid the imposition of the tax should A- submit certified taxpayer identification numbers (via form W-9) when presenting the Refunded Obligations for payment. THIS NOTICE is issued and given pursuant to the redemption provisions in the proceedings authorizing the issuance of the aforementioned Refunded Obligations and in accordance with the recitals and provisions of said Refunded Obligations. NOTICE IS FURTHER GIVEN that the Refunded Obligations should be submitted to the following address: Registered or Certified Mail Hand/Courier or Overnight Mail In Person Wells Fargo Bank, N.A Corporate Trust Operations MAC N9303-121 PO Box 1517 Minneapolis, MN 55480 Wells Fargo Bank, N.A Corporate Trust Services, 12TH Floor MAC N9303-121 6TH & Marquette Ave. Minneapolis, MN 55479 Northstar East Building Corporate Trust Operations 608 2ND Avenue South Minneapolis, MN CITY OF COPPELL, TEXAS A- NOTICE OF REDEMPTION CITY OF COPPELL, TEXAS WATERWORKS AND SEWER SYSTEM REVENUE REFUNDING AND IMPROVEMENT BONDS SERIES 1997 CUSIP PREFIX 217498 NOTICE IS HEREBY GIVEN that the City of Coppell, Texas has called for redemption the outstanding Bonds of the City described as follows (the "Refunded Obligations"): City of Coppell, Texas Waterworks and Sewer System Revenue Refunding and Improvement Bonds, Series 1997, dated October 1, 1997, maturing September 1, 2010 through September 1, 2014, and September 1, 2017, in the aggregate principal amount of $2,975,000 (the "Refunded Obligations"), to the call date of the Refunded Obligations so called for redemption at Well Fargo Bank, N.A. Call date: January 11, 2010. Maturity Date Original Principal Amount Principal Amount to be Redeemed CUSIP Suffix 9/1/2010 $1,125,000 $1,125,000 9/1/2011 225,000 225,000 9/1/2012 240,000 240,000 9/1/2013 250,000 250,000 9/1/2014 265,000 265,000 9/1/2017 870,000 870,000 $2,975,000 $2,975,000 On January 11, 2010, interest on the Refunded Obligations shall cease to accrue and be payable. THE REFUNDED OBLIGATIONS shall be redeemed in whole at Well Fargo Bank, N.A. as the Paying Agent/Registrar for said Refunded Obligations. Upon presentation of the Refunded Obligations at the Paying Agent/Registrar on the aforementioned redemption date, the holder thereof shall be entitled to receive the redemption price equal to par and accrued interest to the redemption date. NOTICE IS GIVEN that due and proper arrangements have been made for providing the place of payment of said Refunded Obligations called for redemption with funds sufficient to pay the principal amount of said Refunded Obligations and the interest thereon to the redemption date. In the event said Refunded Obligations, or any of them are not presented for redemption by the date fixed for their redemption, they shall not thereafter bear interest. UNDER THE PROVISIONS of Section 3406 of the Internal Revenue Code of 1986, as amended paying agents making payments of interest and principal on municipal securities may be obligated to withhold a tax from remittance to individuals who have failed to furnish the paying agent with a valid taxpayer identification number. Registered holders who wish to avoid the imposition of the tax should A- submit certified taxpayer identification numbers (via form W-9) when presenting the Refunded Obligations for payment. THIS NOTICE is issued and given pursuant to the redemption provisions in the proceedings authorizing the issuance of the aforementioned Refunded Obligations and in accordance with the recitals and provisions of said Refunded Obligations. NOTICE IS FURTHER GIVEN that the Refunded Obligations should be submitted to the following address: Registered or Certified Mail Hand/Courier or Overnight Mail In Person Wells Fargo Bank, N.A Corporate Trust Operations MAC N9303-121 PO Box 1517 Minneapolis, MN 55480 Wells Fargo Bank, N.A Corporate Trust Services, 12TH Floor MAC N9303-121 6TH & Marquette Ave. Minneapolis, MN 55479 Northstar East Building Corporate Trust Operations 608 2ND Avenue South Minneapolis, MN CITY OF COPPELL, TEXAS A- NOTICE OF REDEMPTION CITY OF COPPELL, TEXAS WATERWORKS AND SEWER SYSTEM REVENUE BONDS SERIES 1999 CUSIP PREFIX 217498 NOTICE IS HEREBY GIVEN that the City of Coppell, Texas has called for redemption the outstanding Bonds of the City described as follows (the "Refunded Obligations"): City of Coppell, Texas Waterworks and Sewer System Revenue Bonds, Series 1999, dated January 15, 1999, maturing September 1, 2010 through September 1, 2019, in the aggregate principal amount of $1,215,000 (the "Refunded Obligations"), to the call date of the Refunded Obligations so called for redemption at The Bank of New York Mellon Trust Company, N.A. Call date: January 11, 2010. Maturity Date Original Principal Amount Principal Amount to be Redeemed CUSIP Suffix 9/1/2010 $ 100,000 $ 100,000 9/1/2011 100,000 100,000 9/1/2012 105,000 105,000 9/1/2013 110,000 110,000 9/1/2014 115,000 115,000 9/1/2015 125,000 125,000 9/1/2016 130,000 130,000 9/1/2017 135,000 135,000 9/1/2018 145,000 145,000 9/1/2019 150,000 150,000 $1,215,000 $1,215,000 On January 11, 2010, interest on the Refunded Obligations shall cease to accrue and be payable. THE REFUNDED OBLIGATIONS shall be redeemed in whole at The Bank of New York Mellon Trust Company, N.A., as the Paying Agent/Registrar for said Refunded Obligations. Upon presentation of the Refunded Obligations at the Paying Agent/Registrar on the aforementioned redemption date, the holder thereof shall be entitled to receive the redemption price equal to par and accrued interest to the redemption date. NOTICE IS GIVEN that due and proper arrangements have been made for providing the place of payment of said Refunded Obligations called for redemption with funds sufficient to pay the principal amount of said Refunded Obligations and the interest thereon to the redemption date. In the event said Refunded Obligations, or any of them are not presented for redemption by the date fixed for their redemption, they shall not thereafter bear interest. A- UNDER THE PROVISIONS of Section 3406 of the Internal Revenue Code of 1986, as amended paying agents making payments of interest and principal on municipal securities may be obligated to withhold a tax from remittance to individuals who have failed to furnish the paying agent with a valid taxpayer identification number. Registered holders who wish to avoid the imposition of the tax should submit certified taxpayer identification numbers (via form W-9) when presenting the Refunded Obligations for payment. THIS NOTICE is issued and given pursuant to the redemption provisions in the proceedings authorizing the issuance of the aforementioned Refunded Obligations and in accordance with the recitals and provisions of said Refunded Obligations. NOTICE IS FURTHER GIVEN that the Refunded Obligations should be submitted to the following address: Express Delivery First Class/Registered/Certified Mail Hand Delivery The Bank of New York Mellon Trust Company, N.A. Global Corporate Trust 2001 Bryan Street 9TH Floor Dallas, Texas 75201 The Bank of New York Mellon Trust Company, N.A. Global Corporate Trust P.O. Box 2320 Dallas, Texas 75221-2320 The Bank of New York Mellon Trust Company, N.A. Global Corporate Trust Corporate Trust Window 101 Barclay Street 1ST Floor East New York, New York 10286 CITY OF COPPELL, TEXAS A- NOTICE OF REDEMPTION CITY OF COPPELL, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION SERIES 2001 CUSIP PREFIX 217482 NOTICE IS HEREBY GIVEN that the City of Coppell, Texas has called for redemption the outstanding Certificates of Obligation of the City described as follows (the "Refunded Obligations"): City of Coppell, Texas Combination Tax and Revenue Certificates of Obligation, Series 2001, dated January 15, 2001, maturing August 1, 2010 through August 1, 2020, in the aggregate principal amount of $1,990,000 (the "Refunded Obligations"), to the call date of the Refunded Obligations so called for redemption at Well Fargo Bank, N.A. Call date: January 11, 2010. Maturity Date Original Principal Amount Principal Amount to be Redeemed CUSIP Suffix 8/1/2010 $ 140,000 $ 140,000 8/1/2011 145,000 145,000 8/1/2012 155,000 155,000 8/1/2013 160,000 160,000 8/1/2014 170,000 170,000 8/1/2015 180,000 180,000 8/1/2016 185,000 185,000 8/1/2017 195,000 195,000 8/1/2018 210,000 210,000 8/1/2019 220,000 220,000 8/1/2020 230,000 230,000 $1,990,000 $1,990,000 On January 11, 2010, interest on the Refunded Obligations shall cease to accrue and be payable. THE REFUNDED OBLIGATIONS shall be redeemed in whole at Well Fargo Bank, N.A. as the Paying Agent/Registrar for said Refunded Obligations. Upon presentation of the Refunded Obligations at the Paying Agent/Registrar on the aforementioned redemption date, the holder thereof shall be entitled to receive the redemption price equal to par and accrued interest to the redemption date. NOTICE IS GIVEN that due and proper arrangements have been made for providing the place of payment of said Refunded Obligations called for redemption with funds sufficient to pay the principal amount of said Refunded Obligations and the interest thereon to the redemption date. In the event said Refunded Obligations, or any of them are not presented for redemption by the date fixed for their redemption, they shall not thereafter bear interest. A- UNDER THE PROVISIONS of Section 3406 of the Internal Revenue Code of 1986, as amended paying agents making payments of interest and principal on municipal securities may be obligated to withhold a tax from remittance to individuals who have failed to furnish the paying agent with a valid taxpayer identification number. Registered holders who wish to avoid the imposition of the tax should submit certified taxpayer identification numbers (via form W-9) when presenting the Refunded Obligations for payment. THIS NOTICE is issued and given pursuant to the redemption provisions in the proceedings authorizing the issuance of the aforementioned Refunded Obligations and in accordance with the recitals and provisions of said Refunded Obligations. NOTICE IS FURTHER GIVEN that the Refunded Obligations should be submitted to the following address: Registered or Certified Mail Hand/Courier or Overnight Mail In Person Wells Fargo Bank, N.A Corporate Trust Operations MAC N9303-121 PO Box 1517 Minneapolis, MN 55480 Wells Fargo Bank, N.A Corporate Trust Services, 12TH Floor MAC N9303-121 6TH & Marquette Ave. Minneapolis, MN 55479 Northstar East Building Corporate Trust Operations 608 2ND Avenue South Minneapolis, MN CITY OF COPPELL, TEXAS WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING November 10, 2009 11 ✔ CONTRACT/BID or PROPOSAL Consider approval of a consulting services contract for preparation of the Comprehensive Plan for the City of Coppell with Bucher, Willis & Ratcliff Corporation (BWR) in the amount of $159,000 and authorizing the City Manager to sign. A copy of the Consultant Services Contract is attached. Funds are budgeted in Planning - 'Other Professional Services'. APPROVAL is recommended. @BWR Consult/Serv Contr-1 AR Page 1 of 4 AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES for THE PREPARATION OF A COMPREHENSIVE PLAN THIS CONTRACT, hereinafter called the "Agreement," made this _______day of , 2009, by and between the City of Coppell, Texas, a municipal corporation with offices at 255 Parkway Blvd., Coppell, Texas 75019, hereinafter called the "City" and Bucher, Willis & Ratliff Corporation with offices at 8140 Walnut Hill Lane, Suite 900, Dallas, Texas 75231, thereafter called the "Consultant." WITNESSETH, THAT WHEREAS, the City has determined a need to retain a professional planning consultant to prepare a Comprehensive Plan (the “Project). AND WHEREAS the City is authorized and empowered to contract with the Consultant for the necessary consulting services for the Project, and necessary funds for payment of said services are available. NOW THEREFORE, the City hereby hires and employs the Consultant as set forth in this Agreement. This Agreement will become effective on the date first written above. ARTICLE I CONSULTANT'S RESPONSIBILITIES The Consultant shall either perform for or furnish to the City professional planning and related services in all phases of the Project to which this Agreement applies as hereinafter provided. The Consultant shall serve as the City's prime professional Consultant on the Project. The standard of care for all professional consulting services and related services either performed for or furnished by the Consultant under this Agreement will be the care and skill ordinarily used by members of the Consultant's profession, practicing under similar conditions at the same time and in the same locality. ARTICLE II SCOPE OF CONSULTANT SERVICES The consultant shall perform or furnish the necessary professional planning duties and related services for the Project as set out in Exhibit “A” – Scope of Services attached hereto. ARTICLE III CITY'S RESPONSIBILITIES The City shall do the following in a timely manner: 1. Provide the Consultant written notification to proceed with the Project within thirty (30) days of execution of this Agreement. 2. Designate in writing a person to act as the City's representative with respect to the services to be performed or furnished by the Consultant under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to the Consultant’s services for the Project. 3. Designate a steering committee of City staff, elected and/or appointed officials, and other citizens to serve throughout the term of the Project to assist the Consultant with the preparation of the planning documents by providing input, policy direction and review and editing of the planning documents. 4. Make available to the Consultant all existing data and records relevant to the Project including: maps, policies, ordinances, technical reports, pertinent correspondences and any other information related to the Project and necessary for the Consultant to complete the Project under this Agreement. Page 2 of 4 5. Make available to the Consultant electronic base maps and available GIS data of the city including aerial photos, parcel boundaries, addresses, ownership, property use, street centerlines and right-of-way, plats, sidewalks and trails, water mains, sewer mains, storm drainage, parks, zoning, floodplain, natural features, etc. 6. Approve all criteria and information as to City's requirements for the Project, including objectives and constraints, performance requirements, and budgetary limitations, and furnish copies of all standard forms in use by the City relative to this Project. 7. Examine all written studies, reports, sketches, maps, models, proposals, and other documents presented by the Consultant and render in writing decisions thereto. 8. Reimburse the Consultant for the cost of additional work not included in the Scope of Consultant Services stated in this Agreement. 9. Give prompt written notice to the Consultant whenever the City observes or otherwise becomes aware of any development that affects the scope of services or the time schedule of the Consultant in the performance or furnishing of the required services for the Project, or any defect or non-conformance in the Consultant's services or in the work of any Contractor. 10. Prepare and publish public hearing and all required meeting notifications. 11. Reserve and provide meeting room setup. ARTICLE IV TIME SCHEDULE The schedule for completion of the Project is approximately eighteen (18) months from the date of the City’s written notification to the Consultant to proceed with the scope of work described in Exhibit “A,” unless mutually agreed in writing by the City and the Consultant to be otherwise. ARTICLE V COMPENSATION The City agrees to compensate the Consultant on a lump sum basis in an amount not-to-exceed ONE HUNDRED FIFTY-NINE THOUSAND DOLLARS ($159,000) for the scope of services described in Exhibit “A” and as summarized by phase below. Monthly invoices to the City from the Consultant will be based on an estimate of the percentage of work completed provided by the Consultant, subject to review and verification by the City. The City shall pay all invoices from the Consultant within thirty (30) days of receipt of each invoice. Phase 1 services: $16,000 Phase 2 services: $24,000 Phase 3 services: $70,000 Phase 4 services: $30,000 Phase 5 services: $12,000 Phase 6 services: $7,000 The maximum fee shall not be exceeded unless increased by a change order mutually agreed upon in writing by the City and the Consultant. A change order will be based on major changes in scope, character, delays or complexity of the Project. A change order may provide for changes in compensation and schedule. Additional services, outside the scope of services described in Exhibit “A,” may be procured by the City from the Consultant at the Consultant’s hourly rates in effect at the time of written authorization from the City for the Consultant to perform the additional services. Page 3 of 4 ARTICLE VI GENERAL PROVISIONS Times for Rendering Services: The Consultant's services and compensation under this Agreement have been agreed to in anticipation of orderly and continuous progress of the Project through completion. Specific periods of time for rendering services are set forth in Article IV Time Schedule, in this Agreement, by which times defined services are to be completed. If such periods of time are changed through no fault of the Consultant, the rates and amounts of compensation provided for therein shall be subject to equitable adjustment. If the City fails to give prompt written authorization to proceed. Consultant shall be entitled to equitable adjustment of rates and amounts of compensations to reflect reasonable costs incurred by the Consultant as a result of the delay or changes in the various elements that comprise such rates of compensation. Estimates: Since the Consultant has no control over the cost of labor, materials or equipment furnished by contractors, or over competitive bidding or market conditions, any opinions of probable cost or construction cost are based on the experience and best judgment of the Consultant, but the Consultant cannot and does not guarantee the costs. Change in Scope: The scope of work described in Article II, Scope of Consultant Services, shall be subject to modification or supplement upon the written agreement of the City and the Consultant. At the time of such modification of scope, equitable adjustments, agreeable to both parties, shall be made in the time of performance and the compensation to be paid for the services. Reuse of Documents: All documents provided or furnished by the Consultant pursuant to this Agreement are instruments of service in respect of the Project and Consultant shall retain an ownership and property interest therein whether or not the Project is completed. The City may make and retain copies for the use of the Project by the City and others; however, such documents are not intended or suitable for reuse by the City or others on extension of the Project or on any other Project. Any such reuse without written approval or adaptation by the Consultant for the specific purpose intended will be at the City's sole risk and without liability to the Consultant, and the City shall indemnify and hold harmless the Consultant from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Insurance: The Consultant shall procure and maintain insurance for protection from claims under workers' compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any and all employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom. Termination: This Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party; provided, however, that in any such case, the Consultant shall be paid the reasonable value of the services rendered up to the time of termination on the basis of the payment provisions of this Agreement. Copies of all completed or partially completed designs, plans and specifications prepared under this Agreement shall be delivered to the City when and if this Agreement is terminated, but it is mutually agreed by the parties that the City will use them solely in connection with this Project, except with the written consent of the Consultant. Controlling Law: This Agreement is to be governed by the laws of the State of Texas. Allocation of Risks-Indemnification: To the fullest extent permitted by law, the Consultant shall indemnify and hold harmless the City and its officers, directors, partners, employees and agents from and against any and all claims, costs, losses and damages (including, but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of the Consultant or the Consultant's officers, directors, employees, agents and subconsultants in the performance and furnishing of Consultant's services under this Agreement. The City agrees that the Consultant's professional liability for negligence in the performance of any other services in Page 4 of 4 connection with this Agreement shall in no event exceed the amount of total compensation received by the Consultant for services rendered in connection with this Agreement. To the fullest extent permitted by law, the City shall indemnify and hold harmless the Consultant and the Consultant's officers, directors, employees, agents and subconsultants from and against any and all claims, costs, losses and damages (including, but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of the City or the City's officers, directors, partners, employees, or agents with respect to this Agreement or the Project. Severability: Any provision or part of the Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the City and the Consultant, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriated party at the address which appears on the signature page of this Agreement (as modified in writing from time to time by such party) and given personally, by registered or certified mail, return receipt requested, by facsimile or by a nationally recognized overnight courier service. All notices shall be effective upon the date of receipt. Successors and Assigns: The City and the Consultant each is hereby bound and the partners, successors, executors, administrators, legal representatives and assigns of the City and the Consultant are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators, legal representatives and assigns of such other party in respect to all covenants and obligations of this Agreement. Neither the City nor the Consultant may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in the Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Agreement. Nothing in this Agreement shall be construed to create, impose or give rise to any duty owed by the Consultant to any contractor, subcontractor supplier, other person or entity or to any surety for or employee of any of them, or give any rights or benefits under this Agreement to anyone other than the City and the Consultant. IN WITNESS WHEREOF: the parties hereto have executed this Agreement to be effective as of the date first above written. City: City of Coppell, Texas Consultant: Bucher, Willis & Ratliff Corporation By: By: Scott C. Wetzel, P.E. Executive Vice President Primary contact and address for giving notices: Primary contact and address for giving notices: Gary Sieb, AICP, Planning Director City of Coppell 255 Parkway Blvd. Coppell, Texas 75019 Tom Yantis, AICP, Vice President Bucher, Willis & Ratliff Corporation 810 Hesters Crossing, Suite 225 Round Rock, Texas 78681 Telephone: 972-304-3678 Telephone: 512-828-0076 Exhibit “A” - Page 1 of 6 Exhibit “A” – Scope of Services Phase 1: Project Initiation Fee: $16,000 The first phase of the project is critical to the project’s ultimate success. It is during this phase that the final work plan is developed and detailed discussions will occur between BWR and the City to ensure everyone is on the same page regarding the expectations of the project approach and final deliverables. It is also in this phase that the project Steering Committee will have its first meeting to get acquainted with the consultant team and to understand their role in the comprehensive planning process. Of particular importance to the consultant team is the community tour that we propose for this phase. This tour will help us understand the community from the eyes of those who live there. We will also finalize our citizen participation plan in this phase to identify the types and frequency of citizen communication that will occur throughout the planning process. Work Plan Refinement The consultant team and staff will conduct a work session to finalize the work program and schedule, and establish coordination protocols for communication, written reports, reviews and approvals and to finalize the project deliverables. The consultant team and City staff will jointly tour the community and key areas of interest critical to the planning process. The tour will be followed by a review with City staff of various study areas and their place in the citywide comprehensive planning effort. Project Steering Committee Orientation The staff and consultant team will facilitate a project kick-off workshop with the Steering Committee. This workshop will include a review of the work program and schedule; role and responsibilities of the committee (including outreach and publicity), staff and consultant; and a planning issues exercise to understand the various perspectives of individual committee members. This meeting will include discussion about the relevant vision, goals and objectives related to community planning from the Coppell Vision 2030 Plan, and key issues in addressing them in a city planning context. Citizen Participation Plan Refinement Because of the extensive citizen participation effort that was conducted for the Coppell Vision 2030 project; we are proposing a less intensive citizen participation process than a typical comprehensive planning process absent an already completed visioning process. The Steering Committee will serve as the primary vehicle for citizen input during the planning process. Meetings and Deliverables: 1 on-site meeting to conduct Work Plan Refinement, Steering Committee Orientation and Community Tour all in the same day. The deliverables of this phase will include:  A schedule for the completion of the project,  A finalized work plan including all project deliverables, and  A finalized citizen participation plan Phase 2: Data Collection & Analysis Fee: $24,000 During Phase 2 of the project the consultant team will become familiar with all of the relevant City plans and studies that will be incorporated into the comprehensive plan; receive updated demographic data Exhibit “A” - Page 2 of 6 from the City; develop base maps; conduct an inventory of the community; and prepare a project workbook with all of this information to present to the Steering Committee. Demographic Update We will utilize current demographic data provided by the City, the North Central Texas Council of Governments (NCTCOG), census and other sources to prepare a demographic profile of the City as it currently exists. We will utilize existing population projections from a source of the City’s choosing to prepare a population projection for the City through the end of the planning horizon of the plan. Review Existing Plans and Studies BWR will review existing City plans and studies as background information for the comprehensive plan. The existing plans will be referenced, where applicable, and relevant maps will be integrated within the comprehensive plan. Base Mapping Using available City digital base maps, aerial photos, GIS shapefiles, and other available resources, BWR will produce planning base maps in a format useable by the City’s available software. The intent of such mapping will be for use as an analytical tool, as well as for graphic purposes through the planning process. Community Inventory BWR will conduct an inventory of community attributes that shall include: housing stock; retail and commercial projects; public facilities; urban design elements such as street design, landscaping and signage; and other relevant items to assist the consultant team, staff and Steering Committee with understanding the range of issues and relative priority of issues facing different parts of the community. Prepare Project Workbook The BWR Team will include all relevant existing conditions data into a Coppell Community Planning Workbook. The Workbook will assist the Citizen Steering Committee and community participants in the planning process by:  Providing information about existing conditions;  Providing information about past planning efforts in the area;  Serving as the common frame of reference for visioning and goal setting sessions to be conducted during the planning process;  Putting planning and development in a citywide context. Steering Committee Meeting Once the project workbook is completed, the consultant team will conduct a meeting with the Steering Committee to review the data gathered during this phase and to share our observations of key planning issues. Meetings and Deliverables: 1 on-site meeting with the Steering Committee. The deliverables of this phase will include:  A project workbook that includes information on existing conditions, base maps and demographic information provided in hard copy and in PDF format. Exhibit “A” - Page 3 of 6 Phase 3: Plan Preparation Fee: $70,000 This phase of the project will be primarily geared toward the consultant team producing the various chapters of the comprehensive plan document. We have outlined our proposed preliminary organization of the document in the following tasks, but this will be refined during phase 1 of the project. Policy Plan (Vision, Goals, Objectives – Link to 2030 Plan) This element will summarize the vision, goals and objectives provided from the Coppell Vision 2030 Plan and establish specific policies to achieve those results. This element of the plan will serve as the primary policy document for City Council and the Planning and Zoning Commission when making community development decisions. It will also serve as a guide for prioritizing annual budgets and resource allocations to ensure those decisions fulfill the community’s vision for itself. Planning Framework (Land Use; Transportation System; Parks, Open Space, Trails; Community Sustainability) Because of the level of build out of the City, the primary planning framework of land use patterns, transportation network and parks and open space is already well established. We will map the planning framework of the community as it exists today and then develop a future framework plan that will identify: new land use patterns to accommodate redevelopment and higher densities in appropriate locations; new transportation elements including transit, pedestrian and bicycle corridors; and identify sustainable infrastructure components such as opportunities for renewable energy generation, conversion of typical streets to green streets, and other resource conservation strategies at the City- wide level. The primary focus of this element of the comprehensive plan will be the identification of specific tools and strategies to implement the goals in the Coppell 2030 plan relating to land use, transportation, open space, sustainability and urban design. Though some of the social and community spirit related goals in the Vision 2030 plan may not be specifically addressed in this chapter, they will be referenced in the Policy Plan chapter. Healthy Neighborhoods This element will address the housing market and neighborhood vitality of the community. The intent of this part of the plan will be to protect the quality and value of existing neighborhoods and develop strategies to enhance neighborhoods in transition. This element will identify specific strategies to ensure every neighborhood contributes to the long-term health and quality of the community. Economic Vitality and Special Area Plans As the City reaches build out it is extremely important to understand how it will continue to generate appropriate revenue to support the services that the citizens expect. Achieving and maintaining a diversified tax base of residential, commercial, office and industrial uses that maintain or improve their value over time is essential. We will perform a revenue requirements analysis in this task to determine the long-term revenue requirements of the City and then identify the appropriate mix and quantity of uses to achieve that revenue requirement. Special Area Plans The Plan will identify strategies for identified priority areas of the community. Such analysis shall include appropriate strategies and policies for managing change, creative public and/or private financing mechanisms, and partnership opportunities. Exhibit “A” - Page 4 of 6 The proposed special area plans include: Old Coppell One of the issues raised in the RFP is the potential need to update the Old Coppell Master Plan in order to jump start redevelopment within that area of the City. Urban Advisors will conduct a detailed review of the market potential for a specific redevelopment site within Old Coppell. This analysis will include performing specific pro-forma and project feasibility analysis for the selected project. Frye Associates will produce an illustration of the development concept for Old Coppell. North Lake Of particular interest in this task will be examining the potential future of the North Lake property. We will develop two scenarios for potential development of the property and Urban Advisors will analyze the financial feasibility of each option and suggest appropriate actions on the part of the City to realize the vision for the area. Frye Associates will produce an illustration of the development concept for the North Lake property. Problematic Commercial/Retail Area BWR and Urban Advisors will analyze and develop recommendations for a specific retail/commercial area including issues relating to vacancy rates and opportunities for potential redevelopment, such as the area around Sandy Lake and MacArthur, portions of the Denton Tap corridor or the area along LBJ Freeway and 121. This analysis will serve as a case study that will identify issues that may be common to other areas of the community. Frye Associates will produce an illustration demonstrating potential redevelopment scenarios for the targeted area. Implementation Strategies The plan is useless unless specific strategies are identified for implementation and that progress toward completion of those strategies is regularly monitored. This element of the plan will:  identify specific steps for implementation of the plan,  prioritize each action item,  assign a responsible party for completing each item,  determine the proper time frame for completion, and  identify a probable cost within a range from low to high. Complete First Draft BWR will produce a complete draft of each element of the plan for review by the staff and Steering Committee. Steering Committee Meeting Upon completion of the draft plan elements, a meeting will be conducted with the Steering Committee to review draft plan elements and receive direction before presenting the Plan to the public. Meetings and Deliverables: 1 on-site meeting with the Steering Committee. The deliverables of this phase will include:  A complete first draft of the comprehensive plan organized in the following chapters: o Policy Plan o Planning Framework o Healthy Neighborhoods Exhibit “A” - Page 5 of 6 o Economic Vitality and Special Area Plans o Implementation Strategies Phase 4: Community Feedback & Plan Revision Fee: $30,000 This phase will allow BWR to present the draft plan to the community to get their feedback. It will entail a community open house, and an opportunity to review with the Steering Committee the citizen feedback gathered at the open house. This phase shall also include media outreach as determined by the City. Community Open House A community open house will be conducted by BWR to review and discuss the draft plan elements. A presentation overview, display maps and graphics will be used to help communicate the Plan’s vision and major recommendations. All plan documents and graphic materials will also be available on the City web site in advance of the meeting / open house. Steering Committee Meeting Once BWR has compiled and synthesized the feedback received at the open house, we will conduct a meeting with the Steering Committee to review the citizen feedback and identify the appropriate revisions to address the feedback. Complete Revised Draft Upon completion of the primary plan elements and the public review process, edits will be completed as necessary to prepare a final Comprehensive Plan document. Meetings and Deliverables: 2 on-site meetings to conduct a Community Open House and a Steering Committee meeting. The deliverables of this phase will include:  A presentation for the Community Open House  A revised draft of the Comprehensive Plan incorporating appropriate citizen feedback Phase 5: Plan Adoption Fee: $12,000 This phase of the project will culminate in final adoption of the plan by City Council. BWR will assist the City with the statutorily required public hearing and adoption in accordance with Chapter 213 of the Texas Local Government Code. Plan Rollout (Web, media, open houses) Once the final draft is complete, final publicity of the plan shall include updates to the City web site, press releases, and publication of the adoption process in a City newsletter. Public Hearing, Planning and Zoning Commission Recommendation In accordance with State law at least one public hearing on the plan must be conducted by the City and the plan must be recommended for adoption by the Planning and Zoning Commission. The City charter may include other requirements as well. BWR will present the final plan at a public hearing before the Planning and Zoning Commission at a regularly scheduled meeting. Once the public hearing is complete, the Planning and Zoning Commission will recommend adoption of the plan to City Council. Exhibit “A” - Page 6 of 6 Council Adoption Upon receiving a recommendation from the Planning and Zoning Commission for adoption of the Comprehensive Plan, BWR will present the plan to the City Council for final adoption by ordinance. Meetings and Deliverables: 2 on-site meetings to conduct the Public Hearing at a Planning and Zoning Commission meeting and to present the plan for adoption at a City Council meeting. The deliverables of this phase will include:  A presentation for the Public Hearing  Notification of the adoption process for use in a press release, newspaper, etc.  An adopting ordinance  A adoption copy of the comprehensive plan Phase 6: Project Wrap Up Fee: $7,000 Once the plan has been formally adopted by City Council, BWR will work with staff to be sure all of the final project details are completed. We will produce the final copies of the plan including the adopting ordinance, we will provide all documents and maps in electronic format, and assist with any initial staff training required for their maintenance. Production of all Final Deliverables Provide ten copies of the printed copies of the document including the signed ordinance adopting the plan. Electronic Files Transferred and Required Training is Conducted Provide all project files in electronic format, in InDesign and PDF, and assist the staff with any training for ongoing maintenance of the documents. GIS shapefiles and PDF maps will be provided for all maps. Meetings and Deliverables: The deliverables of this phase will include:  10 printed copies of the final comprehensive plan  A CD or DVD with all final electronic copies of comprehensive plan files WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING November 10, 2009 12 ✔ PUBLIC HEARING Consider approval of Case No. S-1108R4-SF-9, Verizon, a zoning change request from S-1108R-SF-9 (Special Use Permit-1108 Revised - Single Family-9) to S-1108R4-SF-9 (Special Use Permit-1108 Revision 4 - Single Family-9), to allow the replacement of an existing 80-square-foot accessory cabinet with a 190-square-foot cabinet at the base of the tower on approximately 750 square feet of lease area located approximately 1,100 feet north of East Belt Line Road within the electric transmission line easement. There are no outstanding P&Z conditions. On October 15, 2009, the Planning Commission unanimously recommended approval of this ZONING CHANGE (5-0). Commissioners, Tankersley, Frnka, Sangerhausen, Duncan and Kittrell voted in favor, none opposed. Staff recommends APPROVAL. @01 S-1108R4-SF-9, Verizon-1 AR ITEM # 5 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT S-1108R4-SF-9, Verizon P&Z HEARING DATE: October 15, 2009 C.C. HEARING DATE: November 10, 2009 STAFF REP.: Matt S. Steer, City Planner LOCATION: 1,100 feet north of East Belt Line Road within the electric transmission line easement SIZE OF AREA: 750-square-feet lease area CURRENT ZONING: S-1108R-SF-9 (Special Use Permit-1108 Revised - Single Family-9) REQUEST: A zoning change to S-1108R4-SF-9 (Special Use Permit- 1108 Revision 4 - Single Family-9), to allow the replacement of an existing 80-square-foot accessory cabinet with a 190- square-foot cabinet at the base of the tower. APPLICANT: Bill Bauman Bauman Consultants 2300 Springmere Dr. Arlington, TX 76012-5672 Phone: (817) 271-0022 Fax: (817) 860-0077 HISTORY: There have been a multitude of requests to place wireless antennas and equipment on multiple towers within this transmission line easement. This is the third request for this particular tower. The first was granted in May 1996 for PCS PrimeCo Wireless Communications. The second request was approved in April 2000 for an expansion to allow two ITEM # 5 Page 2 of 3 additional cabinets and landscaping. It does not appear that this was ever constructed. TRANSPORTATION: Approximately 75 feet to the northwest of the tower is an alleyway with a 15-foot wide right-of-way and 10-foot pavement width built to standard, serving the Northlake Woodlands East 10C residential Subdivision. SURROUNDING LAND USE & ZONING: North- Single family residential; "SF-9" Single Family-9 South - Single family residential; "SF-9" Single Family-9 East - Transmission line easement & mini warehouse; “A” Agriculture & "PD-151-C" Planned Development-151- Commercial West - Single family residential; "SF-9" Single Family-9 COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996, as amended, shows the property as suitable for park and open space. A portion of the property is shown to be in the floodplain. DISCUSSION: This is a fairly simple request. The applicant is proposing to amend the current SUP to allow the construction of a new shelter approximately 15 feet in height (measured from grade) to house updated equipment. The shelter is 16 feet wide x 11 feet 8 inches long. The existing equipment to be removed currently sits on the southwest side of the existing transmission tower and the proposed shelter to be constructed is proposed on the northeast side. The materials of the shelter are proposed to be of brick to match that of the nearby Coppell Crossing Shopping Center and the mechanical equipment attached to the shelter will be painted to match the brick color. A 12-foot wide access drive to allow for a vehicle turnaround is provided. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request subject to the following conditions: 1. Label the height (measured from grade), materials, colors and dimensions on elevations. The brick type shall match the nearby Coppell Crossing Shopping Center and all other equipment painted to match the brick. ITEM # 5 Page 3 of 3 2. Revise the title of each elevation from “left view” to “southeast side”, “front view” to “northeast side”, “right view” to “northwest side” and “back view” to “southwest side”. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Vicinity Map, Cover Page 2. Overall Site Plan 3. Enlarged Site Plan 4. Northwest Elevation with Tower 5. Elevations (each side) WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING November 10, 2009 13 ✔ PUBLIC HEARING Consider approval of Case No. PD-222R3-LI, Duke Lesley Addition (Point West VII), Lot 2, Block A, a zoning change request from PD-222R2-LI (Planned Development-222 Revision 2-Light Industrial) to PD-222R3-LI (Planned Development-222 Revision 3-Light Industrial), to revise the Detail Site Plan to allow the striping of 91 additional parking spaces within the existing truck court area and construction of 13 new parking spaces in the front yard on approximately 36.17 acres of property located on the north side of Dividend Drive, approximately 1,200 feet west of South Belt Line Road (240 Dividend Drive). The following P & Z conditions remain outstanding: 1. Insure all plant materials are in a healthy and growing condition. Replace those that are not alive. 2. Drainage will be evaluated during Engineering plan review On October 15, 2009, the Planning Commission unanimously recommended approval of this ZONING CHANGE subject to the above-stated conditions (5-0). Commissioners, Tankersley, Frnka, Sangerhausen, Duncan and Kittrell voted in favor, none opposed. Staff recommends APPROVAL. @02 PD-222R3-LI, DLA (PW VII)-1 AR ITEM # 6 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-222R3-LI, Duke Lesley Addition (Point West VII), Lot 2, Block A P&Z HEARING DATE: October 15, 2009 C.C. HEARING DATE: November 10, 2009 STAFF REP.: Matt S. Steer, City Planner LOCATION: North side of Dividend Drive, approximately 1,200 feet west of South Belt Line Road. (240 Dividend Drive) SIZE OF AREA: 36.17 acres of property CURRENT ZONING: PD-222R2-LI (Planned Development-222 Revision 2-Light Industrial) REQUEST: A zoning change to revise the Detail Site Plan to allow striping of 91 additional parking spaces within the existing truck court area and construction of 13 new parking spaces in the front yard. APPLICANT: Owner: Duke Realty, Brian Pierce 14241 N. Dallas Parkway, Suite 1000 Dallas, Texas 75254-2936 972-361-6706 FAX: 972-235-9544 Engineer: Pacheco Koch Consulting Engineers, Jack Evans 8350 N. Central Expressway, Suite 1000 Dallas, Texas 75206 972-235-3031 FAX: 972-235-9544 ITEM # 6 Page 2 of 4 HISTORY: Council approved a zoning change from A (Agriculture) to LI (Light Industrial) on a 112-acre parcel of the Duke Lesley property on December 12, 2006. On April 10, 2007, a rezoning was approved, from LI (Light Industrial) to PD-222- LI (Planned Development-222-Light Industrial) to allow a parking ratio of one space per 5,000 square-feet for warehouse use and a living screen for truck courts instead of a masonry wall on this property. A Detail Site Plan and Plat (Lot 2, Block A, Duke Lesley Addition) to allow a 755,394- square-foot office/warehouse building on 36.2 acres (the subject property) was also approved at that time. In April 2008, Council approved an amendment to the PD conditions to allow for attached building signage to exceed the size and number requirements of the Zoning Ordinance for Hemispheres, a furniture warehouse use. In July 2007, a Detail Site Plan was approved allowing the construction of a 1,079,475-square-foot office/warehouse building to the north of the subject property. TRANSPORTATION: Dividend Drive is a four-lane divided thoroughfare contained within a 90-foot right-of-way and located to the south and west of this lot. SURROUNDING LAND USE & ZONING: North - Office/warehouse; PD-222R-LI (Planned Development-222-Revised-Light Industrial) South - vacant; PD-221R4-HC (Planned Development –221- Revision 4-Highway Commercial) East - vacant; PD-222-LI (Planned Development-222-Light Industrial) West - LBJ Freeway; City of Irving COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996, as amended, shows the property as suitable for light industrial/showroom uses. DISCUSSION: The owner of this property is in the midst of leasing 261,000 square-feet of this building to Samsung (31,000-square-feet office and 230,000-square-feet warehouse). They are projecting to have: ITEM # 6 Page 3 of 4 1) Approximately 120 office personnel with hours from 7:00 a.m. until 9:00 p.m., Monday thru Friday; 2) A “packaging line” of approximately 200 employees per shift, for two shifts, working Monday thru Saturday; and, 3) Warehouse staff of approximately 50 employees per shift, for two shifts, working Monday thru Sunday. Due to the operational needs of this proposed tenant, the applicant is requesting a greater number of parking spaces than what was previously planned for and constructed, creating the need to amend the PD. The previous detail PD site plan was approved with 322 parking spaces. Thirteen new spaces are proposed on the southeast corner of the site which is currently a landscaped area and 91 spaces are proposed to be striped in the northeast corner (existing truck court) bringing the total onsite parking to 426 spaces. Within the companion request of PD-222R4-LI, Duke Lesley Lot 3, Block A, a parking lot containing 253 parking spaces is proposed to be constructed. All and all, 357 new spaces are proposed (104 parking spaces to be added onsite and 253 spaces within PD-222R4-LI which will be dedicated specifically to Samsung). The existing 322 parking spaces exceed the PD requirement of one parking space for each 300 gross square feet of office floor area and the previously approved one per 5,000- square-feet warehouse area, but will not be sufficient with the proposed user added to the mix. Currently, Hemispheres occupies 365,550 square feet and has 143 spaces designated for its use. The remaining vacant building area, after Samsung is accounted for is 130,000 square-feet. It is assumed that 5,000 square feet will be devoted to office and the remainder warehouse; thus, 42 parking spaces will be required. These two users will take 185 of the existing 322 spaces, leaving 137 spaces for Samsung. If these remaining existing spaces are added to the proposed 357 spaces, then 494 total parking spaces will be devoted to Samsung. Staff is comfortable with recommending approval of this request as a maximum 370 employees are predicted to be on shift at the same time, leaving 124 extra parking spaces to accommodate the Samsung shift change plus there is vacant property to the east of the companion request (PD-222R4-LI, Lot 3, Block A, Duke Lesley) that can be added to the parking area if deemed necessary in the future. ITEM # 6 Page 4 of 4 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD-222-R3-LI, Lot 2, Block A, Duke Lesley Addition subject to the following conditions: 1. Insure all plant materials are in a healthy and growing condition. Replace those that are not alive. 2. Drainage will be evaluated during engineering plan review. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Site Plan 2. Landscape Plan 3. Color Rendering of the Landscape Plan WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING November 10, 2009 14 ✔ PUBLIC HEARING Consider approval of Case No. PD-222R4-LI, Duke Lesley Addition (Point West VII), Lot 3, Block A, a zoning change request from PD-222-LI (Planned Development-222 - Light Industrial) to PD-222R4-LI (Planned Development-222 Revision 4-Light Industrial), to establish a Detail Site Plan to allow the development of a shared parking area (253 parking spaces) on 2.9 acres of property located on the north side of Dividend Drive, approximately 1,000 feet west of South Belt Line Road. The following P & Z condition remains outstanding: 1. Drainage will be evaluated during engineering plan review. On October 15, 2009, the Planning Commission unanimously recommended approval of this ZONING CHANGE subject to the above-stated condition (5-0). Commissioners, Tankersley, Frnka, Sangerhausen, Duncan and Kittrell voted in favor, none opposed. Staff recommends APPROVAL. @03 PD-222R4-LI, DLA (PW VII)-1 AR ITEM # 7 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-222R4-LI, Duke Lesley Addition (Point West VII), Lot 3, Block A P&Z HEARING DATE: October 15, 2009 C.C. HEARING DATE: November 10, 2009 STAFF REP.: Matt S. Steer, City Planner LOCATION: North side of Dividend Drive, approximately 1,000 feet west of South Belt Line Road SIZE OF AREA: 2.9 acres of property CURRENT ZONING: PD-222-LI (Planned Development-222-Light Industrial) REQUEST: A zoning change to PD-222R4-LI (Planned Development- 222 Revision 4-Light Industrial), to establish a Detail Site Plan to allow the development of a shared parking area (253 parking spaces). APPLICANT: Owner: Duke Realty, Brian Pierce 14241 N. Dallas Parkway, Suite 1000 Dallas, Texas 75254-2936 972-361-6706 FAX: 972-235-9544 Engineer: Pacheco Koch Consulting Engineers, Jack Evans 8350 N. Central Expressway, Suite 1000 Dallas, Texas 75206 972-235-3031 FAX: 972-235-9544 ITEM # 7 Page 2 of 3 HISTORY: Council approved a zoning change from A (Agriculture) to LI (Light Industrial) on a 112-acre parcel of the Duke Lesley property on December 12, 2006. On April 10, 2007, a rezoning was approved, from LI (Light Industrial) to PD-222- LI (Planned Development-222-Light Industrial) to allow a parking ratio of one space per 5,000 square-feet for warehouse use and a living screen for truck courts instead of a masonry wall on this property. Also approved at that time was a Detail Site Plan and Plat to allow a 755,394-square- foot office/warehouse building on 36.2 acres of property on Lot 2, Block A, Duke Lesley Addition (the property in which this proposed parking area is planned to serve). In April 2008, Council approved an amendment to the PD conditions of Lot 2, Block A, to allow for attached building signage to exceed the size and number requirements of the Zoning Ordinance for Hemispheres, a furniture warehouse use. In July 2007, a Detail Site Plan was approved allowing the construction of a 1,079,475-square-foot office/warehouse building to the northwest of the subject property. TRANSPORTATION: Dividend Drive is a four-lane divided thoroughfare contained within a 90-foot right-of-way and located to the south of this lot. SURROUNDING LAND USE & ZONING: North - Office/warehouse; LI (Light Industrial) South - vacant; PD-221R4-HC (Planned Development –221- Revision 4-Highway Commercial) East - vacant; PD-222-LI (Planned Development-222-Light Industrial) West – Office/warehouse; PD-222R3-LI COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996, as amended, shows the property as suitable for light industrial/showroom uses. DISCUSSION: This is a request for development of a parking lot proposed to have 253 parking spaces to serve the future employees of the existing 755,400-square-foot office/warehouse to the ITEM # 7 Page 3 of 3 west (240 Dividend Drive). The applicant is requesting an exception to the perimeter landscaping requirements which call for 10 feet along interior property lines. A 9-foot wide area is proposed abutting the drive on the western boundary, of which 1.5-feet are considered “car overhang” area; therefore, a reduction from the required 10-foot wide perimeter landscape area to a 7.5-foot wide area would be needed. Within the perimeter area, nine Cedar Elms and a Dwarf Burford Holly hedge row are proposed to match the landscape treatment on the west side of the drive. In this particular situation, staff can support the requested exception, as the existing drive only has 5-foot wide perimeter landscaping on the west side and it would provide more uniformity on the east side with the same landscape treatment. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD-222R4-LI, Duke Lesley, Lot 3, Block A, subject to the following conditions: 1. Label the two proposed 24-foot fire lane and access easements on the site plan. 2. Drainage will be evaluated during engineering plan review. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Site Plan 2. Landscape Plan 3. Color Rendering of Landscape Plan WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING November 10, 2009 15 ✔ PRESENTATION Consider approval of the Duke Lesley Addition, (Point West VII), Lot 3, Block A, Minor Plat, to allow the development of a shared parking area (253 parking spaces) on 2.9 acres of property located on the north side of Dividend Drive, approximately 1,000 feet west of South Belt Line Road. The following P & Z condition remains outstanding: 1. Drainage will be evaluated during Engineering plan review. On October 15, 2009, the Planning Commission unanimously recommended approval of this MINOR PLAT subject to the above-stated condition (5-0). Commissioners Tankersley, Frnka, Sangerhausen, Duncan and Kittrell voted in favor, none opposed. Staff recommends APPROVAL. @04 DLA (PW VII), L3, BA, MP-1 AR ITEM # 8 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Duke Lesley Addition (Point West VII) Lot 3, Block A, Minor Plat P&Z HEARING DATE: October 15, 2009 C.C. HEARING DATE: November 10, 2009 STAFF REP.: Matt S. Steer, City Planner LOCATION: North side of Dividend Drive, approximately 1,000 feet west of South Belt Line Road SIZE OF AREA: 2.9 acres of property CURRENT ZONING: PD-222-LI (Planned Development-222 - Light Industrial) REQUEST: A Minor Plat to allow the development of a shared parking area (253 parking spaces). APPLICANT: Owner: Duke Realty, Brian Pierce 14241 N. Dallas Parkway, Suite 1000 Dallas, Texas 75254-2936 972-361-6706 FAX: 972-235-9544 Engineer: Pacheco Koch Consulting Engineers, Jack Evans 8350 N. Central Expressway, Suite 1000 Dallas, Texas 75206 972-235-3031 FAX: 972-235-9544 ITEM # 8 Page 2 of 3 HISTORY: Council approved a zoning change from A (Agriculture) to LI (Light Industrial) on a 112-acre parcel of the Duke Lesley property on December 12, 2006. On April 10, 2007, a rezoning was approved, from LI (Light Industrial) to PD-222- LI (Planned Development-222-Light Industrial) to allow a parking ratio of one space per 5,000 square-feet for warehouse use and a living screen for truck courts instead of a masonry wall on this property. Also approved at that time was a Detail Site Plan and Plat to allow a 755,394-square- foot office/warehouse building on 36.2 acres of property on Lot 2, Block A, Duke Lesley Addition (the property in which this proposed parking area is planned to serve). In April 2008, Council approved an amendment to the PD conditions of Lot 2, Block A, to allow for attached building signage to exceed the size and number requirements of the Zoning Ordinance for Hemispheres, a furniture warehouse use. In July 2007, a Detail Site Plan was approved allowing the construction of a 1,079,475-square-foot office/warehouse building to the northwest of the subject property. TRANSPORTATION: Dividend Drive is a four-lane divided thoroughfare contained within a 90-foot right-of-way and located to the south of this lot. SURROUNDING LAND USE & ZONING: North - Office/warehouse; LI (Light Industrial) South - vacant; PD-221R4-HC (Planned Development –221- Revision 4-Highway Commercial) East - vacant; PD-222-LI (Planned Development-222-Light Industrial) West – Office/warehouse; PD-222R3-LI COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996, as amended, shows the property as suitable for light industrial/showroom uses. DISCUSSION: This is the companion request to the PD amendment (PD- 222R4-LI). The lot contains 2.88 acres and is planned for a parking area. Two east/west 24-foot fire lane and access easements (one on the north and one on the south end) are proposed to connect the parking area in with the fire ITEM # 8 Page 3 of 3 lane/access easement (main drive) spanning the west property line. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of Lot 3, Block A, Duke Lesley Addition Minor Plat subject to the following condition: 1. Drainage will be evaluated during engineering plan review. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request ATTACHMENTS: 1. Minor Plat WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING November 10, 2009 16 ✔ PUBLIC HEARING Consider approval of Case No. PD-244-TH-2, Willow Park, a zoning change request from C (Commercial) to PD-244-TH-2 (Planned Development-244-Townhouse-2) to allow 24 detached townhouse units and to amend the Land Use Plan of the 1996 Comprehensive Plan from Freeway Commercial and Light Industrial/Showroom to Residential – Medium Density on 3.81 acres of property located approximately 337 feet east of S.H. 121 along the north side of Coppell Road. On October 15, 2009, the Planning Commission unanimously recommended approval of this ZONING CHANGE (5-0). Please see the attached letter from Mark Haas dated October 29, 2009, requesting that Council table his request to December 8, 2009. Staff recommends that the Public Hearing be opened and continued until the December 8, 2009, Council meeting. @05 PD-244-TH-2, WP-1 AR From: "Mark Haas" <mhaas33@verizon.net> To: <gsieb@ci.coppell.tx.us> CC: <mdiamond@ci.coppell.tx.us> Date: 10/29/2009 1:49 PM Subject: Willow Park Gary, We would ask that Council table our Willow Park project and be placed on the Council agenda on 12/08/09. Sincerely, Mark Haas, partner 214-213-2302 WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: PLANNING November 10, 2009 17 ✔ PUBLIC HEARING Consider approval of the St. Andrews Estates, Lot 21R, Block 1, Replat, being a replat of Lots 21 and 22 of St. Andrews Estates, into one lot to allow the construction of one single-family home on 24,409 square feet of land located on the west side of Inglenook Court, approximately 96 feet north of DeForest Road. There are no P & Z conditions. On October 15, 2009, the Planning Commission unanimously recommended approval of this REPLAT (5-0). Commissioners, Tankersley, Frnka, Sangerhausen, Duncan and Kittrell voted in favor, none opposed. Staff recommends APPROVAL. @06 St. AE, L21R, BA, RP-1 AR ITEM # 12 Page 1 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT St Andrews Estates, Lot 21R, Block 1, Replat P&Z HEARING DATE: October 15, 2009 C.C. HEARING DATE: November 10, 2009 STAFF REP.: Matt S. Steer, City Planner LOCATION: West side of Inglenook Court, North of Deforest Road SIZE OF AREA: 24,409 square feet of land CURRENT ZONING: SF-12 (Single-Family 12) REQUEST: A Replat of Lots 21 & 22 of St. Andrews Estates, into one lot to allow the construction of one single-family home. APPLICANT: The Holmes Builders, Terry Holmes 1445 MacArthur Drive # 200 Carrollton, Texas 75007 (972) 242-1770 (972) 475-2931 HISTORY: Prior to this residential development, the subject 10-acre tract of land was the site of the City of Coppell’s Service Center and was zoned Agricultural. In 2000, the Planning and Zoning Commission called a public hearing to determine the proper zoning for this tract. Council approved a Single Family-12 District. In January 2004, Council approved the Final Plat for a 23-lot single family subdivision. Since that time 12 homes have been constructed. ITEM # 12 Page 2 of 3 TRANSPORTATION: DeForest Road is an unimproved asphalt road contained within a variable width right-of-way ranging from 50 to 57 feet. It is planned to eventually be a 28-foot wide concrete street with the same right-of-way. Inglenook is a residential street built within 50 feet of right-of-way. SURROUNDING LAND USE & ZONING: North - vacant residential lot; SF-12 South – vacant residential lot; SF-12 East - vacant residential lot; SF-12 West - single-family residences: SF-12 COMPREHENSIVE PLAN: The Comprehensive Plan, as amended, shows the property as Residential Medium Density. DISCUSSION: As stated in the HISTORY section, this area was platted in January 2004, for a 23-lot residential subdivision. The applicant is proposing to combine two lots into one and build one large residence. This is a residential replat and state law requires that all property owners in this subdivision that are within 200 feet, be notified. The current tax rolls lists only four different owners for the ten properties with the developer/applicant owning the majority. As required by state law, if more than 20% of the land area states opposition to a request for replatting, then a 3/4 vote of approval is required by the Planning and Zoning Commission and the City Council to grant approval. To date, staff has received one notice in favor of the request (representing the majority of the properties) and with this area added to the right-of-way area, 81.2% of the surrounding land area is represented; therefore, even if all other property owners were opposed, the supermajority rule would not be pertinent. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of Lot 21R, Block 1, St. Andrews Replat with no outstanding conditions. ITEM # 12 Page 3 of 3 ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request ATTACHMENTS: 1. Replat 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: Parks and Recreation November 10, 2009 18 ✔ CONTRACT/BID or PROPOSAL Consider approval of awarding a bid to Utz Environmental Services in the amount of $177,348.00, for the installation of the Creekview-Bethel Road Trail; and authorizing the City Manager and CRDC President to sign the necessary documents. See attached memo. Funds are available from the one-half cent CRDC sales tax proceeds. Staff recommends approval. ^Creekview-Bethel Trail-1 AR PARKS AND RECREATION DEPARTMENT CITY COUNCIL AGENDA ITEM Date: November 10, 2009 To: Mayor and City Council From: Brad Reid, Director Re: Consider approval of Bid No. Q-0909-01 for installation of the Creekview -Bethel Trail, to UTZ Environmental Services, in the amount of $177,348.00, and authorizing the President of the CRDC and City Manager to sign. Background: In 2008, the Coppell Recreational Development Corporation determined project priorities for the 2008-2009 budget. One of these priorities was to have a trail section constructed from Creekview Drive, south to Bethel Road. The Parks & Recreation Department proceeded to commission a design firm to prepare Construction Documentation related to this section of trail. This trail section will connect Wagon Wheel Park and Rolling Oaks Memorial Center, with Old Coppell. Although the trail now terminates at Wagon Wheel Park, the Engineering Department is including the trail section from Wagon Wheel to Sandy Lake Road as part of the Freeport Parkway improvements. This Creekview-Bethel Road trail section will travel along an easement that was obtained from the two adjacent property owners specifically for this purpose. The trail design was completed and the project bid in order to obtain proposals from qualified bidders. On Thursday October 8, 2009 the City of Coppell Purchasing Department opened sixteen (16) bids for the Creekview – Bethel Trail Project, Bid # Q-0909-01. The base bids ranged from a net low of $169,848.00 (UTZ Environmental Services), to a net high of $363,871.45 (Allied Builders). The CRDC approved award of this bid at their November 2, 2009 meeting. It is recommended that the base bid be awarded to UTZ Environmental Services in an amount not to exceed $177,348. Included in this amount are possible early completion bonuses of $250.00 per day, up to 30 days ($7,500), should the contractor reach substantial completion prior to the expiration of the Contract Period of 115 days. City Council Action requested: Consider approval of Bid No. Q-0909-01 for installation of Creekview - Bethel Trail, to UTZ Environmental Services, in the amount of $177,348.00, and authorizing the President of the CRDC and City Manager to sign. Staff Recommendation: Award of bid as outlined above Proposed Creekview-Bethel Trail Construction. City of Coppell Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\CREEKVIEW BETHEL Created on: 03 November 2009 by Scott Latta 1/21 INCH = 1 MILE 0 1/2 1 1 INCH = FT. 0 250 250 125 Proposed Creekview-Bethel Trail Construction. City of Coppell Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\CREEKVIEW BETHEL Created on: 03 November 2009 by Scott Latta 2/2 PROPOSED TRAIL ROUTE Bid Tab for Q-0909-01 Creekview - Bethel TrailVendor Total AlternateCalendar DaysBid BondUTZ Environmental Services $143,674.00 $26,174.00 115 yesRatliff Hardscape, Ltd $155,363.23 $34,315.0060 w/add. 90 to set bridgeyesBird Construction $188,243.00 $55,085.00 140 yesThousand Mile South Con., Inc. $191,000.00 $48,000.00 120 noThe Fain Group $197,689.00 $39,137.00 125 yesJeske Construction $203,692.00 $45,060.00 140 yesMetroplex Underground, LP $205,263.39 $43,400.00 75 yesCole Construction $207,300.00 $3,600.00 90 yesTexas Environmental Mgmt. SA $211,514.80 $40,316.00 120 yesParkscape Construction $218,242.23 $50,740.00 115 yesHarman Construction $227,325.52 $44,179.17 112 yesC. Green Scapingm LP $230,442.00 $51,564.00 90 yesParagon Sports Constructors, LLC $235,192.00 $42,645 150 yesJDC Construction Co $237,000.00 $43,700 120 yesIrricon Construction $253,380.00 $86,000.00 180 yesAllied Builders $300,517.45 $63,300.00 90 yes 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: Parks and Recreation November 10, 2009 19 ✔ CONTRACT/BID or PROPOSAL Consider approval of awarding a bid to Utz Environmental Services in the amount of $115,871.00 for the installation of the Hunterwood Improvements; and authorizing the City Manager and CRDC President to sign the necessary documents. See attached memo. Funds are available from the one-half cent CRDC sales tax proceeds and a portion is available from the CIP drainage funds. Staff recommends approval. ^Hunterwood Trail - 1 AR PARKS AND RECREATION DEPARTMENT CITY COUNCIL AGENDA ITEM Date: November 10, 2009 To: Mayor and City Council From: Brad Reid, Director Re: Consider Award of Bid No. Q-0909-02 for installation of Hunterwood Park Improvements, to UTZ Environmental Services, in the amount of $115,871.00, and authorizing the President of the CRDC and City Manager to sign. Background: Hunterwood Park is a small park near the Old Coppell historic district, serving primarily the neighbors directly adjacent to the park. Hunterwood has been in the sights of the city for improvements for many years. The 1999 Bond Referendum included funding for improvements to the limit the erosion that has increased in intensity over the years, the City Council funded improvements to the playground just a few years ago and the Coppell Recreation Development Corporation decided that a trail connection from the park to Old Coppell was desirable. The playground was installed, which improved the park tremendously. Earlier this year, the Engineering Department hired a consultant to make studies of the erosion within the park and design solutions for the most pressing areas. About this same time, the Parks and Recreation Department hired a consultant to design the trail connection to Coppell Road. The recommended bid before the City Council is a combination of these two projects. The trail section will be constructed using CRDC funds and the erosion improvements will be funded with the bond moneys from 1999. On Thursday October 8, 2009 the City of Coppell Purchasing Department opened (12) bids for the Hunterwood Park Improvements Project, Bid # Q-0909-02. The base bids ranged from a net low of $108,371.00 (UTZ Environmental Services), to a net high of $252,640.00 (Northstar Construction). The CRDC approved award of this bid at their November 2, 2009 meeting. It is recommended that the base bid be awarded to UTZ Environmental Services in the amount of $115,871. Included in this amount are possible early completion bonuses of $250.00 per day, up to 30 days ($7,500), should the contractor reach substantial completion prior to the expiration of the Contract Period of 63 days. City Council Action requested: Consider Award of Bid No. Q-0909-02 for installation of Hunterwood Park Improvements, to UTZ Environmental Services, in the amount of $115,871.00, and authorizing the President of the CRDC and City Manager to sign. Staff Recommendation: Award of bid as outlined above BR Proposed Hunterwood Park Improvements. City of Coppell Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\HUNTERWOOD Created on: 03 November 2009 by Scott Latta 1/21 INCH = 1 MILE 0 1/2 1 1 INCH = FT. 0 200 200 100 Proposed Hunterwood Park Improvements. City of Coppell Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\HUNTERWOOD Created on: 03 November 2009 by Scott Latta 2/2 PROPOSED TRAIL ROUTE PROPOSED GABION WALL LOCATION Bid Tab for Q-0909-02 Hunterwood Park ImprovementsVendorSub-Total Sec. ASub-Total Sec. B TotalAlternateCalendar DaysBid BondUTZ Environmental Services $32,544.00 $72,557.00 $105,101.00 $3,270.0063yesHumphrey & Morten Const. $35,840.00 $89,746.60 $125,526.60 $3,180.0075yesBird Construction $55,332.00 $80,174.72 $135,506.72 $3,387.0090yesC. Green Scaping $40,760.75 $111,381.00 $152,141.75 $2,800.0090yesErosion & Retaining Wall Structures, Inc $52,475.00 $105,810.00 $158,285.00 $4,100.00 120 yesParkscape Construction $37,926.00 $126,100.00 $164,026.00 $4,920.00 75 yesThe Fain Group $51,019.00 $144,656.20 $195,675.20 $4,013.00 120 yesJeske Construction $45,990.00 $122,488.00 $168,478.00 $4,211.00100yesIrricon Construction $76,100.00 $127,240.00 $203,340.00 $7,000.00 190 yesCole Construction $65,600.00 $139,900.00 $205,500.00 $5,000.00 100 yesNorthstar Construction $55,300.00 $192,840.00 $248,140.00 $4,500.00 90 yes WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ City Manager's Office November 10, 2009 20 ✔ CONTRACT/BID or PROPOSAL Consider approval of an Economic Development Agreement by and between the City of Coppell and Uline, Inc. , and authorizing the Mayor to sign. The Coppell Economic Development Committee unanimously approved the request for an Economic Development Agreement made by Uline, Inc. at their January 7, 2009 meeting. This Economic Development Agreement replaces the current agreement with Uline that expires on December 31, 2009. This agreement will take effect on January 1, 2010 with the terms of a 50% rebate of the City's 1% sales tax for a period of 10 years. Staff recommends City Council approve the Economic Development Agreement for Uline, Inc. and authorize the Mayor to sign. !Uline Eco Dev Agr - 1 AR Coppell/Uline, Inc. Lease Extension Economic Development Agreement – Page 1 37623 STATE OF TEXAS § § Economic Development Agreement § COUNTY OF DALLAS § This Economic Development Incentive Agreement (“Agreement”) is made by and between the City of Coppell, Texas (the “City”), and Uline, Inc. (“Company”), acting by and through their respective authorized officers. Recitals: WHEREAS, Company currently leases and occupies the office/warehouse/distribution facilities located at 635 Freeport Parkway and 800 Bethel Road Coppell, Texas (hereinafter defined as the “Improvements”), and intends to continue to occupy the Improvements for a period of at least ten (10) years beginning on the Commencement Date; and WHEREAS, the Company has advised the City that a contributing factor that would induce the Company to continue to occupy the Improvements and to retain its existing operations at the Improvements would be an agreement by the City to provide an economic development grant to the Company as set forth herein; and WHEREAS, the City has adopted programs for promoting economic development; and WHEREAS, the City is authorized by Article 52-a Texas Constitution and Chapter 380 of the Texas Local Government Code to provide economic development grants to promote local economic development and to stimulate business and commercial activity in the City; and WHEREAS, the City has determined that making an economic development grant to the Company in accordance with this Agreement will further the objectives of the City, will benefit the City and the City’s inhabitants and will promote local economic development and stimulate business and commercial activity in the City; NOW THEREFORE, in consideration of the foregoing, and on the terms and conditions hereinafter set forth, and other valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Article I Term This Agreement shall be effective on the last date of execution hereof (“Effective Date”) and shall continue until the Expiration Date, unless sooner terminated as provided herein. The parties may by mutual written agreement extend the term of this Agreement for an additional period of ten (10) years. Coppell/Uline, Inc. Lease Extension Economic Development Agreement – Page 2 37623 Article II Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: “Annual Grants” shall mean ten (10) annual grants each in the amount equal to fifty percent (50%) of the Sales Tax Receipts for the applicable Grant Period to be paid to the Company as set forth herein. “City” shall mean the City of Coppell, Texas. “Commencement Date” shall mean January 1, 2010. “Company” shall mean Uline, Inc. "Consummated" shall have the same meaning assigned by Texas Tax Code, Section 321.203, or its successor. “Event of Bankruptcy or Insolvency” shall mean the dissolution or termination of a party’s existence as a going business, insolvency, appointment of receiver for any part of such party’s property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against such party and such proceeding is not dismissed within ninety (90) days after the filing thereof. “Expiration Date” shall mean the 10th anniversary date of the Commencement Date. “Force Majeure” shall mean any contingency or cause beyond the reasonable control of a party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, government or de facto governmental action (unless caused by the intentionally wrongful acts or omissions of the party), fires, explosions or floods, strikes, slowdowns or work stoppages. “Grant Period” shall mean a full calendar year, except that the first Grant Period shall be from the first day of the first full calendar month following the Commencement Date through and including December 31 of the first full calendar year following the Commencement Date. “Impositions” shall mean all taxes, assessments, use and occupancy taxes, charges, excises, license and permit fees, and other charges by public or governmental authority, general and special, ordinary and extraordinary, foreseen and unforeseen, which are or may be assessed, charged, levied, or imposed by any public or governmental Coppell/Uline, Inc. Lease Extension Economic Development Agreement – Page 3 37623 authority on the Company or any property or any business owned by Company within the City. “Improvements” shall mean the office/warehouse/distribution facility located at 635 Freeport Parkway and 800 Bethel Road Coppell, Texas. Improvements shall also alternatively include any other office/warehouse/distribution facility located within the City that is owned or leased, and occupied by the Company subsequent to the Effective Date following the date the City issues a final certificate of occupancy for the occupancy of such facility by the Company provided the Company provides the City thirty (30) days prior written notice of such lease and/or ownership. “Payment Request” shall mean a written request from Company to the City for payment of the Annual Grants accompanied by the Sales Tax Receipt for the applicable Grant Period. “Required Use” shall mean the Company’s continuous lease and occupancy of the Improvements (or other office/warehouse/distribution facilities located within the City of approximate equal size), and Company’s continuous operation of business engaged in the catalog distribution of shipping supplies and related merchandise to the public. "Sales and Use Tax" shall mean the City’s one percent (1%) sales and use tax imposed by the City pursuant to Chapter 321, Texas Tax Code on the sale of Taxable Items by the Company Consummated in the City at the Company’s place of business at the Improvements. "Sales Tax Certificate" shall mean a report provided by the State of Texas to the City in accordance with Texas Tax Code, Section 321.3022, (or other applicable provision of the Texas Tax Code) which lists the amount of Sales and Use Tax paid (including any refunds, credits or adjustments) received by the City from the State of Texas from the sale of Taxable Items by the Company Consummated at the Company’s place of business at the Improvements for the applicable Grant Period, or if such report is not available, a certificate or other statement, containing the information required as set forth herein, in a form provided by the Company reasonably acceptable to the City setting forth the collection of Sales and Use Tax (including any refunds, credits or adjustments) by the Company received by the City from the State of Texas, for the sale of Taxable Items by the Company Consummated at the Company’s place of business at the Improvements for the applicable Grant Period, which are to be used to determine eligibility of the Company for the Annual Grants, together with such supporting documentation required herein, and as the City may reasonably request. “Sales Tax Receipts” shall mean fifty percent (50%) of the City’s receipts from the State of Texas from the collection of the City’s one percent (1%) Sales and Use Tax (it being expressly understood that the City’s one percent (1%) sales and use tax receipts are being used only as a measurement for its participation through the use of general funds), as a result of sale of Taxable Items by Company for the applicable Grant Period consummated at the Company’s place of business at the Improvements. Sales Tax Coppell/Uline, Inc. Lease Extension Economic Development Agreement – Page 4 37623 Receipts do not include any sales and use tax imposed by City for the benefit of the Coppell Recreation Development Corporation, pursuant to the Development Corporation Act, Chapters 501-505 of the Texas Local Government Code, or sales and use tax imposed by the City for crime control or street maintenance. "State of Texas" shall mean the Office of the Texas Comptroller, or its successor. "Taxable Items" shall mean both "taxable items" and "taxable services" as those terms are defined by Chapter 151, Texas Tax Code, as amended. Article III Economic Development Grant 3.1 Sales Tax Grant. (a) Subject to the Company’s Required Use and continued satisfaction of all the terms and conditions of this Agreement and the obligation of the Company to repay the Annual Grants pursuant to Section 5.2 hereof, the City agrees to provide Company with ten (10) Annual Grants, provided that the Sales Tax Receipts for each applicable Grant Period are at least One Hundred Fifty Thousand Dollars ($150,000). The Annual Grants shall be paid within sixty (60) days after receipt of a Payment Request following April 1 of each applicable Grant Period provided the Sales Tax Receipts for the applicable Grant Period are at least $150,000. Each Payment Request shall be submitted to the City not later than April 1 of each calendar year. (b) For illustration purposes assume the Commencement Date is December 1, 2009 in which case the first Grant Period would begin January 1, 2010 and end December 31, 2010 and the first Annual Grant would be paid within sixty (60) days after City receipt of the Payment Request following April 1, 2011. The amount of the first Annual Grant shall be equal to fifty percent (50%) of the Sales Tax Receipts for the period beginning with December 1, 2009 through and including December 31, 2010. For further illustration the second Annual Grant would be paid within sixty (60) days after City receipt of the Payment Request following April 1, 2012 and the amount of the second Annual Grant would be equal to fifty percent (50%) of the Sales Tax Receipts for the period January 1, 2011 through and including December 31, 2011. 3.2 Current Revenue. The Annual Grants made hereunder shall be paid solely from lawfully available funds that have been appropriated by the City. Under no circumstances shall City’s obligations hereunder be deemed to create any debt within the meaning of any constitutional or statutory provision. The Grant shall be paid solely from annual appropriations from the general funds of the City or from such other funds of the City as may be legally set aside for such purpose consistent with Article III, Section 52(a) of the Texas Constitution. Further, City shall not be obligated to pay any commercial bank, lender or similar institution for any loan or credit agreement made by Company. None of the City’s obligations under this Agreement shall be pledged or otherwise encumbered in favor of any commercial lender and/or similar financial institution. 3.3 Grant Limitation. City shall not be required to provide any Annual Grants during the term of this Agreement for which City has not received the Sales Tax Receipts of at least One Hundred Fifty Thousand Dollars ($150,000) from the State of Texas for such Grant Coppell/Uline, Inc. Lease Extension Economic Development Agreement – Page 5 37623 Period attributed to sales and are tax paid as a result of the sale of Taxable Items by Company consummated at the Improvements. Article IV Conditions to Annual Grants The obligation of the City to pay the Annual Grants shall be conditioned upon the compliance and satisfaction by the Company of the terms and conditions of this Agreement and each of the conditions set forth in Article IV. 4.1 Payment Request. The Company shall, as a condition precedent to the payment of each Annual Grant, provide the City with the applicable Payment Request. 4.2 Good Standing. The Company shall not have an uncured breach or default of this Agreement. 4.3 Sales Tax Certificate. As a condition to the payment of each Annual Grant hereunder, City shall have received a Sales Tax Certificate for the applicable Grant Period for which payment of an Annual Grant is requested. Beginning April 1, of the calendar year immediately following the first Grant Period and continuing on April 1, of each calendar year thereafter that this Agreement is in effect, the Company shall provide the City with a Sales Tax Certificate for the applicable Grant Period. The City shall have no duty to calculate the Sales Tax Receipts or determine the entitlement of the Company to any Annual Grant, or pay any Annual Grant during the term of this Agreement until such time as Company has provided the City a Sales Tax Certificate for the applicable Grant Period. The City may but is not required to provide Company with a form for the Sales Tax Certificate required herein. At the request of the City, the Company shall provide such additional documentation as may be reasonably requested by City to evidence, support and establish the Sales and Use Tax paid and collected (including sales and use tax paid directly to the State of Texas pursuant to a direct payment permit) by Company for the sale of Taxable Items by Company Consummated at the Company’s place of business at the Improvements and received by City from the State of Texas. The Sales Tax Certificate shall at a minimum contain, include or be accompanied by the following: a. A schedule detailing the amount of the Sales and Use Tax collected and paid to the State of Texas as a result of the sale of Taxable Items by Company Consummated at the Company’s place of business at the Improvements for the previous ending Grant Period; b. A copy of all sales and use tax returns and reports, sales and use tax prepayment returns, direct payment permits and reports, including amended sales and use tax returns or reports, filed by Company for the previous ending Grant Period showing the Sales and Use Tax collected (including sales and use tax paid directly to the State of Texas pursuant to a direct payment certificate) by Company for the sale of Taxable Items Consummated at the Company’s place of business at the Improvements; Coppell/Uline, Inc. Lease Extension Economic Development Agreement – Page 6 37623 c. A copy of all direct payment and self-assessment returns, including amended returns, filed by Company for the previous ending Grant Period showing the Sales and Use Tax paid for the sale of Taxable Items by Company Consummated at the Company’s place of business at the Improvements; d. Information concerning any refund or credit received by Company of the Sales or Use Taxes paid or collected by Company (including any sales and use tax paid directly to the State of Texas pursuant to a direct payment permit) which has previously been reported by Company as Sales and Use Tax paid or collected; e. A schedule detailing the total sales of Taxable Items by Company Consummated at the Company’s place of business at the Improvements for the previous ending Grant Period. City agrees to the extent allowed by law to maintain the confidentiality of the Sales Tax Certificate. 4.4 Minimum Sales Tax Receipts. As a condition precedent to the payment of each Annual Grant hereunder, City shall have received Sales Tax Receipts of at least One Hundred Fifty Thousand Dollars ($150,000) for the applicable Grant Period. 4.5 Required Use. During period beginning on the Effective Date and continuing thereafter for a period of ten (10) consecutive years the Improvements shall not be used for any purpose other than the Required Use, and the operation of the Improvements in conformance with the Required Use shall not cease for more than thirty (30) continuous days except in connection with, and to the extent of an event of Force Majeure. 4.6 Continuous Lease and Occupancy. The Company shall beginning on the Effective Date and continuing thereafter for a period of ten (10) consecutive years, continuously lease (or own) and occupy the Improvements. 4.7 Adjustments. In the event the Company files an amended sales and use tax return, or report with the State of Texas, or if additional Sales and Use Tax is due and owing, as determined or approved by the State of Texas, affecting Sales Tax Receipts for a previous Grant Period, the Annual Grant payment for the Grant Period immediately following such State of Texas approved amendment shall be adjusted accordingly provided the City has received Sales Tax Receipts attributed to such adjustment. As a condition precedent to payment of such adjustment, the Company shall provide the City with a copy of any such amended sales and use tax report or return, and the approval thereof by the State of Texas. 4.8 Refunds. In the event the State of Texas determines that the City erroneously received Sales Tax Receipts, or that the amount of Sales and Use Tax paid to the City exceeds the correct amount of Sales and Use Tax for a previous Grant Period, for which the Company has received an Annual Grant, the Company shall, within thirty (30) days after receipt of notification thereof from the City specifying the amount by which such Annual Grant exceeded the amount to which the Company was entitled pursuant to such State of Texas determination, repay such amount Coppell/Uline, Inc. Lease Extension Economic Development Agreement – Page 7 37623 to the City. The City may at its option adjust the Annual Grant payment for the Grant Period immediately following such State of Texas determination. As a condition precedent to payment of such refund, the City shall provide Company with a copy of such determination by the State of Texas. The provisions of this Section 4.7 shall survive termination of this Agreement. Article V Termination; Repayment 5.1 Termination. This Agreement shall terminate upon any one of the following: (a) by written agreement of the parties; (b) Expiration Date; (c) by either party in the event the other party breaches any of the terms or conditions of this Agreement and such breach is not cured within thirty (30) days after written notice thereof; (d) by City, if Company suffers an Event of Bankruptcy or Insolvency; and (e) by City, if any Impositions owed to the City or the State of Texas by Company shall become delinquent (provided, however the Company retains the right to timely and properly protest and contest any such Impositions); (f) by either party, if any subsequent Federal or State legislation or any decision of a court of competent jurisdiction declares or renders this Agreement invalid, illegal or unenforceable. 5.2 Repayment. In the event the Agreement is terminated by City pursuant to Section 5.1(c) (following an uncured breach by Company), (d), or (e), the Company shall immediately repay to the City an amount equal to the Annual Grants previously paid by the City to the Company, plus interest at the rate periodically announced by the Wall Street Journal as the prime or base commercial lending rate, or if the Wall Street Journal shall ever cease to exist or cease to announce a prime or base lending rate, then at the annual rate of interest from time to time announced by Citibank, N.A. (or by any other New York money center bank selected by the City) as its prime or base commercial lending rate, which shall accrue from the date of the Grant Payment until paid. 5.3 Right of Offset. The City may at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to the City from the Company, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due the City has been reduced to judgment by a court. Article VI Miscellaneous 6.1 Binding Agreement. The terms and conditions of this Agreement are binding upon the successors and assigns of the parties hereto. This Agreement may not be assigned without the express written consent of the City Manager. Coppell/Uline, Inc. Lease Extension Economic Development Agreement – Page 8 37623 6.2 Limitation on Liability. It is understood and agreed between the parties that the Company, in satisfying the conditions of this Agreement, has acted independently, and the City assumes no responsibilities or liabilities to third parties in connection with these actions. The Company agrees to indemnify and hold harmless the City from all such claims, suits, and causes of actions, liabilities and expenses of any nature whatsoever by a third party arising out of the Company’s failure to perform its obligations under this Agreement. 6.3 No Joint Venture. It is acknowledged and agreed by the parties that the terms hereof are not intended to and shall not be deemed to create a partnership or joint venture among the parties. 6.4 Authorization. Each party represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement. 6.5 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address set forth below or on the day actually received if sent by courier or otherwise hand delivered. If intended for City, to: Attn: City Manager City of Coppell, Texas 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 With a copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 North Akard Dallas, Texas 75201 If intended for Company: Attn: Phil Hunt Uline, Inc. 2200 S. Lakeside Drive Waukegan, Illinois 60085 With a copy to: Attn: Scott Engel, Finance Manager Uline, Inc. 2200 S. Lakeside Drive Waukegan, Illinois 60085 6.6 Entire Agreement. This Agreement is the entire Agreement between the parties with respect to the subject matter covered in this Agreement. There is no other collateral oral or written Agreement between the parties that in any manner relates to the subject matter of this Agreement, except as provided in any Exhibits attached hereto. 6.7 Governing Law. The 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. 6.8 Amendment. This Agreement may only be amended by the mutual written agreement of the parties. Coppell/Uline, Inc. Lease Extension Economic Development Agreement – Page 9 37623 6.9 Legal Construction. 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 affect other provisions, and it is the intention of the parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 6.10 Recitals. The recitals to this Agreement are incorporated herein. 6.11 Counterparts. This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument. 6.12 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the termination of this Agreement shall survive termination. 6.13 Successors and Assigns. This Agreement may not be assigned without the prior written consent of the City Manager. 6.14 Employment of Undocumented Workers. During the term of this Agreement the Company agrees not to knowingly employ any undocumented workers and if convicted of a violation under 8 U.S.C. Section 1324a (f), the Company shall repay the amount of the Annual Grants and any other funds received by the Company from the City as of the date of such violation within 120 business days after the date the Company is notified by the City of such violation, plus interest at the rate of 6% compounded annually from the date of violation until paid. The Company is not liable for a violation of this section in relation to any workers employed by a subsidiary, affiliate, or franchisee of the Company or by a person with whom the Company contracts. (Signature Page to Follow) Coppell/Uline, Inc. Lease Extension Economic Development Agreement – Page 10 37623 EXECUTED on this _______ day of _____________________, 2009. CITY OF COPPELL, TEXAS By: Jayne Peters, Mayor Attest: By: Libby Ball, City Secretary Approved as to Form: By: Peter G. Smith, City Attorney EXECUTED this the _________ day of ______________________, 2009. ULINE, INC. By: Name: Title: WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: ȱ City Manager's Office November 10, 2009 21 ✔ CONTRACT/BID or PROPOSAL Consider approval of an Economic Development Agreement by and between the City of Coppell and West Bethel Properties LLC , and authorizing the Mayor to sign. The Coppell Economic Development Committee unanimously approved the request for an Economic Development Agreement made by West Bethel Properties LLC at their August 5, 2009 meeting. This Economic Development Agreement is the City's first facade grant, and this agreement authorizes up to $15,000 for improvements made to Michael's Wood Floors located at 440 W. Bethel. Staff recommends City Council approve the Economic Development Agreement for West Bethel Properties LLC and authorize the Mayor to sign. !West Bethel Properties Grant - 1 AR City of Coppell/West Bethel Properties, LLC- Façade Economic Development Grant Agreement. – Page 1 39130 STATE OF TEXAS § § Economic Development Agreement COUNTY OF DALLAS § This Economic Development Agreement (“Agreement”) is made by and between the City of Coppell, Texas (“City”) and West Bethel Properties, LLC (“Company”), acting by and through their respective authorized officers. WITNESSETH: WHEREAS, Company is the owner of the retail space located at 441 W. Bethel Road, Coppell, Texas (the “Improvements”); and currently leases the Improvements for retail businesses; and WHEREAS, Company has advised the City that a contributing factor that would induce Company to make certain improvements to the exterior façade of the Improvements would be an agreement by the City to provide an economic development grant to Company to defray a portion of the costs to design and construct the Façade Improvements (hereinafter defined); and WHEREAS, the City has adopted programs for promoting economic development; and WHEREAS, the City desires to encourage business expansions within the City that will add property tax base and generate additional sales tax and other revenue for the City; and WHEREAS, the promoting the expansion of existing businesses within the City will promote economic development, stimulate commercial activity, generate additional sales tax and will enhance the property tax base and economic vitality of the City; and WHEREAS, the City has adopted programs for promoting economic development, and this Agreement and the economic development incentives set forth herein are given and provided by the City pursuant to and in accordance with those programs; and WHEREAS, the City is authorized by Article III, Section 52-a of the Texas Constitution and Texas Local Government Code Chapter 380 to provide economic development grants to promote local economic development and to stimulate business and commercial activity in the City; and WHEREAS, the City has determined that making an economic development grant to Company in accordance with this Agreement will further the objectives of the City, will benefit the City and the City’s inhabitants and will promote local economic development and stimulate business and commercial activity in the City. NOW THEREFORE, in consideration of the foregoing, and other consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: City of Coppell/West Bethel Properties, LLC- Façade Economic Development Grant Agreement. – Page 2 39130 Article I Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: “City” shall mean the City of Coppell, Dallas County, Texas. “Commencement of Construction shall mean that: (i) the plans have been prepared and all approvals thereof required by applicable governmental authorities have been obtained for construction of the Façade Improvements; (ii) all necessary permits for the construction of the Façade Improvements pursuant to the respective plans therefore have been issued by all the applicable governmental authorities; and (iii) construction of the Facade Improvements has commenced. “Company” shall mean West Bethel Properties, LLC. "Completion of Construction" shall mean that: (i) substantial completion of the Façade Improvements has occurred; and (ii) the City has conducted a final inspection of the Façade Improvements. “Effective Date” shall mean the last date of execution hereof. “Event of Bankruptcy or Insolvency” shall mean the dissolution or termination of Company’s existence, insolvency, employment of receiver for any part of Company’s property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors or the commencement of any proceedings under any bankruptcy or insolvency laws by or against Company and such proceedings are not dismissed within ninety (90) days after the filing thereof. “Expiration Date” shall mean the second (2nd) anniversary date of the Effective Date. “Façade Grant” shall mean an economic development grant in an amount equal to fifty percent (50%) of the actual costs incurred and paid by the Company for the Façade Improvements in accordance with plans approved by the City, not to exceed $15,000. “Façade Improvements” shall mean the renovation of the exterior facade of the Improvements in accordance with plans approved by the City. “Force Majeure” shall mean any contingency or cause beyond the reasonable control of a party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, government or de facto governmental action (unless caused by acts of omissions of the party), fires, explosions or floods, strikes, slowdowns or work stoppages, but may not impact any payments to be made hereunder. City of Coppell/West Bethel Properties, LLC- Façade Economic Development Grant Agreement. – Page 3 39130 “Impositions” shall mean all taxes, assessments, use and occupancy taxes, charges, excises, license and permit fees, and other charges by public or governmental authority, general and special, ordinary and extraordinary, foreseen and unforeseen, which are or may be assessed, charged, levied, or imposed by any public or governmental authority on Company with respect to the Improvements or any property or any business owned by Company within the City. “Improvements” shall mean the retail space located at 441 W. Bethel Road, Coppell, Texas. “Payment Request” shall mean a written request from Company to City for payment of the Façade Grant accompanied by the accompanied by invoices, receipts and other evidence of the costs incurred and paid by the Company for the Façade Improvements and such other information, as may be reasonably be requested by the City. “Required Use” shall mean the continuous occupancy and use of the Improvements for a retail business open to the public and serving the citizens of the City. Article II Term The term of this Agreement shall begin on the Effective Date and continue until the Expiration Date, unless sooner terminated as provided herein. Article III Façade Improvements 3.1 Façade Improvements. The Company shall, subject to events of Force Majeure, cause Commencement of Construction of the Facade Improvements to occur within ninety (90) days after the City approval of the plans for the Façade Improvements, and subject to events of Force Majeure to cause Completion of Construction to occur within 12 months thereafter. 3.2 Design and Construction Standards. The Company shall design and construct the Façade Improvements in accordance with plans approved by the City and in accordance with the Historic District of the Comprehensive Zoning Ordinance of the City, Old Coppell Design Guidelines and other applicable local codes. Article IV Economic Development Grant 4.1 Subject to the obligation of the Company to repay the Grant pursuant to Section 5.2 hereof and the continued satisfaction of all the terms and conditions of this Agreement by the Company, the City agrees to provide the Company with the Façade Grant to be paid within thirty (30) days after City receipt of the Payment Request following Completion of Construction of the Façade Improvements. City of Coppell/West Bethel Properties, LLC- Façade Economic Development Grant Agreement. – Page 4 39130 4.2 The Façade Grant made hereunder shall be provided solely from lawful available funds. The City shall have no obligation or liability to pay any portion of the Façade Grant unless City appropriates funds to make such payment during the budget year in which the payment of the Façade Grant is due. The City shall not be obligated to pay any commercial bank, lender or similar institution for any loan or credit agreement made by Company. None of the obligations of the City under this Agreement shall be pledged or otherwise encumbered in favor of any commercial lender and/or similar financial institution without the prior written consent of the City. Article V Conditions to Economic Development Grant The obligation of the City to pay the Grant shall be conditioned upon the compliance and satisfaction by Company of the terms and conditions of this Agreement and each of the following conditions. 5.1 Payment Request. Company shall, as a condition precedent to the payment of the Façade Grant, provide the City with the applicable Payment Request. 5.2 Good Standing. Company shall not have an uncured breach or default of this Agreement. 5.3 Required Use. During the term of this Agreement following the Effective Date and continuing thereafter until the Expiration Date, the Improvements shall not be used for any purpose other than the Required Use and the operation and occupancy of the Improvements in conformance with the Required Use shall not cease for more than thirty (30) days except in connection with and to the extent of an event of Force Majeure. Article VI Termination; Repayment 6.1 Termination. This Agreement shall terminate upon any one of the following: (a) by written agreement of the parties; (b) Expiration Date; (c) by either party in the event the other party breaches any of the terms or conditions of this Agreement and such breach is not cured within sixty (60) days after written notice thereof in accordance with this Agreement; (d) by City, if Company suffers an Event of Bankruptcy or Insolvency; (e) by City, if any Impositions owed to City or the State of Texas by Company shall become delinquent after thirty (30) days written notice is delivered pursuant to this Agreement (provided, however Company retains the right to timely and properly protest and contest any such Impositions); (f) by City, if Company has an uncured breach or default of any of the Related Agreements; and City of Coppell/West Bethel Properties, LLC- Façade Economic Development Grant Agreement. – Page 5 39130 (g) by either party, if any subsequent Federal or State legislation or any decision of a court of competent jurisdiction declares or renders this Agreement invalid, illegal or unenforceable. 6.2. Repayment. In the event the Agreement is terminated by City pursuant to Section 5.1(c), (d), (e), (f), and (g) Company shall immediately repay to the City an amount equal to the Grant previously paid by the City to Company, plus interest at the rate periodically announced by the Wall Street Journal as the prime or base commercial lending rate, or if the Wall Street Journal shall ever cease to exist or cease to announce a prime or base lending rate, then at the annual rate of interest from time to time announced by Citibank, N.A. (or by any other New York money center bank reasonably selected by the City) as its prime or base commercial lending rate, which shall accrue from the date of the Grant Payment until paid. 6.3 Right of Offset. The City may at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to the City or the City from Company, regardless of whether the amount due arises pursuant to the terms of this Agreement, a Related Agreement or otherwise and regardless of whether or not the debt due the City or the City has been reduced to judgment by a court. Article VII Miscellaneous 7.1 Binding Agreement; Assignment. This Agreement shall be binding upon and inure to the benefit of the heirs, successors, affiliates, administrators, executors, and permitted assigns of the respective parties. This Agreement may not be assigned without the prior written consent of the City. 7.2 Limitation on Liability. It is acknowledged and agreed by the parties that the terms hereof are not intended to and shall not be deemed to create a partnership or joint venture among the parties. It is understood and agreed between the parties that Company, in satisfying the conditions of this Agreement, has acted independently, and City assumes no responsibilities or liabilities to third parties in connection with these actions. 7.3 Authorization. Each party represents that it has full capacity and authority to grant all rights and assume all obligations that is granted and assumed under this Agreement. Company represents and warrants to the City that Company is a duly formed, validly existing Texas limited company in good standing under the laws of the State of Texas and is authorized to transact business in the State of Texas. 7.4 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received three (3) days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address set forth below or on the day actually received as sent by courier or otherwise hand delivered. City of Coppell/West Bethel Properties, LLC- Façade Economic Development Grant Agreement. – Page 6 39130 If intended for City, to: Attn: Jayne Peters, Mayor 255 Parkway Boulevard P.O. Box 9478 Coppell, Texas 75019 With a copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 North Akard Dallas, Texas 75201 If intended for Company, to: Attn: Michael Lee West Bethel Properties, LLC 321 Spring Oaks Lane Coppell, Texas 75019 214.533.0588-telephone 972.462.7276-facsimile _________________ _________________ _________________ _________________ 7.5 Entire Agreement. This Agreement is the entire Agreement between the parties with respect to the subject matter covered in this Agreement. There is no other collateral oral or written Agreement between the parties that in any manner relates to the subject matter of this Agreement, except as provided in any Exhibits attached hereto. 7.6 Governing Law. 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. The parties agree to submit to the personal and subject matter jurisdiction of said Court. 7.7 Amendment. This Agreement may be amended by the mutual written agreement of the parties. 7.8 Legal Construction. 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 affect other provisions, and it is the intention of the parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 7.9 Recitals. The recitals to this Agreement are incorporated herein. 7.10 Counterparts. This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument. 7.11 Exhibits. Any exhibits to this Agreement are incorporated herein by reference for the purposes wherever reference is made to the same. City of Coppell/West Bethel Properties, LLC- Façade Economic Development Grant Agreement. – Page 7 39130 7.12 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the termination of this Agreement shall survive termination. 7.13 Employment of Undocumented Workers. During the term of this Agreement Company agrees not to knowingly employ any undocumented workers and if convicted of a violation under 8 U.S.C. Section 1324a (f), Company shall repay the amount of the Grants and any other funds received by Company from the City as of the date of such violation within 120 business days after the date Company is notified by the City of such violation, plus interest at the rate of 6% compounded annually from the date of violation until paid. Company is not liable for a violation of this section by a subsidiary, affiliate, or franchisee of Company or by a person with whom Company contracts. (Signature page to follow) City of Coppell/West Bethel Properties, LLC- Façade Economic Development Grant Agreement. – Page 8 39130 EXECUTED on this ______ day of ___________________, 2009. CITY OF COPPELL By: Jayne Peters, Mayor EXECUTED on this _____ day of ____________________, 2009. WEST BETHEL PROPERTIES, LLC By: Name: Michael Lee Title: WORK SESSION CONSENT REGULAR DEPT: DATE: ITEM #: AGENDA REQUEST FORM ITEM TYPE: ITEM CAPTION: GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: City Manager November 10, 2009 22 ✔ RESOLUTION Consider approval of a Resolution approving the City of Coppell casting its vote for the fourth member of the Board of Directors of the Dallas Central Appraisal District, and authorizing the Mayor to sign. The nominee for this year is Michael Hurtt. Staff recommends approval. !DCAD - 1 AR RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF COPPELL, DALLAS COUNTY, TEXAS CASTING ITS VOTE FOR THE FOURTH MEMBER OF THE BOARD OF DIRECTORS OF THE DALLAS CENTRAL APPRAISAL DISTRICT. WHEREAS, Dallas County eligible taxing entities have expressed and approved an option which allows for representation to the Appraisal District Board of Directors (in accordance with Section 6.03 of the Texas Property Tax Code) as follows: 1. The City of Dallas shall appoint one (1) member to the Board. 2. The Dallas Independent School District shall appoint one (1) member to the Board. 3. The Dallas County Commissioners Court shall appoint one (1) member to the Board. The member appointed by the Dallas County Commissioners Court shall not be a resident of either the City of Dallas or the Dallas Independent School District. 4. Each of the incorporated cities and towns, except for the City of Dallas, shall have the right to nominate by an official resolution one (1) candidate as the fourth member of the Board of Directors. The said cities and towns shall, from the nominations received, elect by a majority vote, with each city and town being entitled to one (1) vote, the fourth member of the Board of Directors. 5. Each of the independent school districts, except for the Dallas Independent School District, shall have the right to nominate by an official resolution one (1) candidate as the fifth member of the Board of Directors. The said independent school districts shall, from the nominations received, elect by a majority vote, with each independent school district being entitled to one (1) vote, the fifth member of the Board of Directors. The votes required for election to the Board of Directors in 4 and 5 hereof shall be by a majority of those authorized to vote in 4 and 5 respectively and not by a majority of the quorum, and WHEREAS, the City of Coppell does hereby cast its vote by marking the ballot below: ⁭ Michael Hurtt NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Coppell, Texas does hereby confirm it one (1) vote for the election of _______________________________ as the suburban cities’ representative to the Board of Directors of the Dallas Central Appraisal District. DULY PASSED by the City Council of the city of Coppell, Texas, this the _______ day of November, 2009. APPROVED: ______________________________________ JAYNE PETERS, 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: City Manager November 10, 2009 23 ✔ RESOLUTION Consider approval of a Resolution approving the City of Coppell casting its vote(s) for member(s) of the Board of Directors of the Denton Central Appraisal District, and authorizing the Mayor to sign. The nominees for this year are: Lee A. Baker, City of Lewisville, Lewisville ISD Charles Stafford, City of Lewisville, Denton ISD Mark D. Chambers, City of Fort Worth Rick Woolfolk, City of Lewisville, Denton ISD Pearl Ford, City of Lewisville, Northwest ISD, City of Trophy Club Doug Killough, City of Lewisville John W. Mitchell, Denton County Fresh Water District #9 Albert Picardi, Lewisville ISD Michael Roe, Denton County, Frisco ISD, City of Frisco Staff recommends approval. !DCAD - 1 AR RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, CASTING ITS VOTE(S) FOR MEMBER(S) OF THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT. WHEREAS, the city of Coppell has joined in the formation of a Denton Central Appraisal District; and WHEREAS, the Denton County Chief Appraiser has notified each taxing entity that the five (5) nominees receiving the most votes will become the Board of Directors; and WHEREAS, the Denton County Chief Appraiser has notified the city of Coppell that it may cast all its votes for one candidate or may distribute the votes among any number of candidates; and WHEREAS, the city of Coppell does hereby cast its vote(s) by marking the ballot below: [] LEE A BAKER [] MARK D. CHAMBERS [] PEARL FORD [] DOUG KILLOUGH [] JOHN W. MITCHELL [] ALBERT PICARDI [] MICHAEL ROE [] CHARLES STAFFORD [] RICK WOOLFOLK NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS does hereby confirm its vote(s) for the election of _______________________________________________________________ as the suburban cities' representative(s) to the Board of Directors of the Denton Central Appraisal District. DULY PASSED by the City Council of the city of Coppell, Texas, this the _______ day of November, 2009. APPROVED: _________________________________________ JAYNE PETERS, MAYOR ATTEST: _________________________________________ LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY AGENDA REQUEST FORM DATE: November 10, 2009 ITEM #: 24 CITY MANAGER'S REPORT A. Project Update and Future Agendas. Agenda Request Form - Revised 09/027 Document Name: %manrep AGENDA REQUEST FORM DATE: November 10, 2009 ITEM #: 25 MAYOR AND COUNCIL REPORTS A. Report by Mayor Peters regarding the November 3rd Election. Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: November 10, 2009 ITEM #: 26 PUBLIC SERVICE ANNOUNCEMENTS CONCERNING ITEMS OF COMMUNITY INTEREST AND NO COUNCIL ACTION OR DELIBERATION IS PERMITTED Agenda Request Form - Revised 09/02 Document Name: %mayorreport AGENDA REQUEST FORM DATE: November 10, 2009 ITEM #: 27 NECESSARY ACTION RESULTING FROM WORK SESSION Agenda Request Form - Revised 02/04 Document Name: %necessaryactionwork AGENDA REQUEST FORM DATE: November 10, 2009 ITEM #: 28 NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec CERTIFICATE OF AGENDA ITEM SUBMISSION Council Meeting Date: November 10, 2009 Department Submissions: Item No. 9/D was placed on the Agenda for the above-referenced City Council meeting by the Human Resources Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Human Resources Department Item No. 17 was placed on the Agenda for the above-referenced City Council meeting by the Parks Department. I have reviewed the Agenda Request (and any backup if applicable) and hereby submit this item to the City Council for consideration. ____________________ Parks Department Item Nos. 9/B and 9/C 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/E, 9/F, 18 and 19 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/G, 9/H, 11, 12, 13, 14, 15, 16 and 17 were placed on the Agenda for the above-referenced City Council meeting by the Planning Department. I have reviewed the Agenda Requests (and any backup if applicable) and hereby submit these items to the City Council for consideration. ____________________ Planning Department Financial Review: I certify that I have reviewed all the items submitted for consideration on the Agenda for the above-referenced City Council Meeting and have inserted any financial comments where appropriate. ____________________ Finance Department City Manager Review: I certify that I have reviewed the complete Agenda and Packet for the above-referenced City Council Meeting and hereby submit the same to the City Council for consideration. ____________________ City Manager (or Deputy City Manager)