CP 2010-05-11
NOTICE OF CITY COUNCIL MEETING AND AGENDA
MAY 11, 2010
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, May 11, 2010, 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.
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ITEM # ITEM DESCRIPTION
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.071 and 551.072, Texas Government Code -
Consultation with City Attorney and Deliberation regarding Real
Property.
1. Discussion regarding Northlake Property.
2. Discussion regarding Old Coppell.
B. Section 551.087, Texas Government Code – Economic
Development Negotiations.
1. East of S. Coppell Road and south of Bethel Road.
2. West of S. Coppell Road and south of Bethel Road.
3. North of Bethel Road and west of Freeport Parkway.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding Comprehensive Plan Update.
B. Discussion regarding 2010 Parks and Recreation Master Plan.
C. Discussion regarding the Board & Commission Ordinance.
D. Discussion regarding Mayor Pro Tem Appointment.
E. Discussion regarding Council Committee Appointments.
F. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
6. Pledge of Allegiance.
7. Consider appointment of Mayor Pro Tem as required by Section 3.05 of
the Home Rule Charter.
8. Consider approval of a proclamation recognizing the month of May as
“Older Americans Month,” and authorizing the Mayor to sign.
9. Consider approval of a proclamation recognizing the month of May as
“Motorcycle Safety and Awareness Month,” and authorizing the Mayor to
sign.
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ITEM # ITEM DESCRIPTION
10. Consider approval of proclamations congratulating Coppell students on
their appointments to military academies, and authorizing the Mayor to
sign.
11. Citizens' Appearances.
CONSENT AGENDA
12. Consider approval of the following consent agenda items:
A. Consider approval of minutes: April 27, 2010.
B. Consider approval of an ordinance amending the Code of
Ordinances Chapter 2, "Boards and Commissions", Article 2-1,
"Library Board", Section 2-1-3, "Officers", and Article 2-2, "Parks and
Recreation Board", Section 2-2-3, "Officers", by amending subsection
A in each article by repealing the provision limiting the holding of
office for two consecutive terms and allowing one term to elapse to
be eligible for re-election for the officers of said Boards and
Commissions; by amending Article 2-4, "Planning and Zoning
Commission", Section 2-4-3, "Officers", by repealing subsection B in its
entirety and renumbering accordingly, and authorizing the Mayor
to sign.
C. Consider approval of Change Order Number 1 in the amount of
$31,500.00 to the Freese and Nichols, Inc. design contract for
improvements in the Old Town Coppell area; and authorizing the
City Manager to sign any necessary documents.
D. Consider approval of awarding Bid #Q-0410-02 "Sidewalk Pavement
Repairs" to California Construction LLC in the amount of $106,262.15,
and approval of a contingency amount of $18,737.85, as provided
for in the IMF; and authorizing the City Manager to execute a
contract for such construction.
E. Consider approval of an Ordinance for Case No. PD-171R2-HC, GTE
Shared Services Addition (STMicroelectronics), Lot 1R2, Block 1, a
zoning change request from PD-171R-HC (Planned Development-
171 Revised-Highway Commercial) to PD-171R2-HC (Planned
Development-171 Revision 2-Highway Commercial), to revise the
Detail Site Plan to allow a 3,300-square-foot screened mechanical
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ITEM # ITEM DESCRIPTION
yard along the southeast wall of the existing building located at 750
Canyon Drive and authorizing the Mayor to sign.
F. Consider approval of an Ordinance for Case No. PD-222R5-LI, Duke
Lesley Addition - Samsung, Lot 2, Block A, a zoning change from PD-
222R3-LI (Planned Development-222 Revision 3-Light Industrial) to
PD-222R5-LI (Planned Development-222 Revision 5-Light Industrial),
to revise the Detail Site Plan to allow additional fencing, two (2)
guard houses, modification of existing parking configuration, a new
driveway location and two sets of compactors, with one set behind
a screening wall, 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 at 240 Dividend Drive and authorizing the
Mayor to sign.
G. Consider approval of an Ordinance for Case No. S-1251-SF-12, St.
Andrews Estates, Lot 5, Block 1, a zoning change from SF-12 (Single
Family-12) to S-1251-SF-12 (Special Use Permit-1251-Single Family-12),
to allow stucco finish in lieu of 80% masonry for the residence
proposed to be constructed on approximately 0.33 of an acre of
property located at 620 Inglenook Court and authorizing the Mayor
to sign.
H. Consider approval of an Ordinance for Case No. S-1252-SF-12, St.
Andrews Estates, Lot 19R, Block 1, a zoning change from SF-12
(Single Family-12) to S-1252-SF-12 (Special Use Permit-1252-Single
Family-12), to allow 100% stucco finish in lieu of 80% masonry for the
residence proposed to be constructed on approximately 0.6 of an
acre of property located at 617 Inglenook Court and authorizing
the Mayor to sign.
I. Consider approval of an Ordinance amending Chapter 12, of the
Zoning Ordinance No. 91500, by amending Articles 20, 21, 22, 23, 24,
and 27, by adding Sections 12-20-7, 12-21-7, 12-22-7, 12-23-7, 12-24-7
and 12-27-7, to regulate Outside Storage and Display in the
respective zoning districts; by amending Article 42 – Special
Definitions by repealing and replacing the definition of Outside
Storage & Display, Retail Stores & Shops and authorizing the Mayor
to sign.
J. Consider approval of an Ordinance for a text amendment to the
Chapter 12, Zoning, Article 33 - Screening Standards, Section 1,
Location of Required Screening, by repealing and replacing
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ITEM # ITEM DESCRIPTION
Subsection 6, Refuse Storage Areas, in Its entirety; by moving the
provisions currently provided in Subsection 6(A) and 6(B) to a new
Subsection 7(A) and 7(B), to provide for screening of Ground and
Wall Mounted Mechanical and Utility Equipment and Roof-Mounted
Utility and Mechanical Equipment; and by moving the current
Subsection 7 to Subsection 9 to provide for screening in subdivisions
wherein the rear yards of Single-Family, Two-Family, or Townhouse
Residential Lots is adjacent to dedicated roadway or separated
from a roadway by an alley or service road and authorizing the
Mayor to sign.
END OF CONSENT
13. Consider approval of awarding Bid No. Q-0410-04 to Schmoldt
Construction, in the amount of $1,239,790.00, for the Coppell Tennis
Center improvements; and authorizing the President of the CRDC and the
City Manager to sign.
14. Consider approval of an Amendment to the Professional Services
Agreement with Brinkley Sargent Architects to change the scope of
project and civil engineering services related to the improvements of the
Aquatics and Recreation Center, in the amount of $178,508.00, and
authorizing the President of the CRDC and the City Manager to sign.
15. Consider approval of a Resolution of the City of Coppell, Texas approving
the terms and conditions of the Advance Funding Agreement for project
using funds held in the State Highway 121 subaccount between the State
of Texas, acting by and through the Texas Department of Transportation
and the City of Coppell, which is attached hereto and incorporated
herein as Exhibit A; authorizing the Mayor to execute such agreement
subject to the approval of the City Attorney; and providing an effective
date.
16. Consider approval of awarding Bid Q-0410-03 for the Town Center
Window and Door Replacement Project to MDI, Inc. in the amount of
$259,425.00; and authorizing the City Manager to execute a contract
concerning such project.
17. City Manager's Report.
A. Project Update and Future Agendas.
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ITEM # ITEM DESCRIPTION
18. Mayor and Council Reports.
A. Report by Mayor Peters regarding the Metroplex Mayors’ Meeting.
B. Report by Mayor Peters regarding Bounce! To be held on May 15th
from 10:00 a.m. until 2:00 p.m. at Wagon Wheel Park.
19. Public Service Announcements concerning items of community interest
and no Council action or deliberation is permitted.
20. Necessary action resulting from Executive Session.
Adjournment.
____________________________________
Jayne Peters, Mayor
CERTIFICATE
I certify that the above Notice of Meeting was posted on the bulletin board at
the City Hall of the City of Coppell, Texas on this 7th day of May, 2010, at
__________________.
____________________________________
Libby Ball, City Secretary
DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON
THE CITY'S WEBSITE (www.coppelltx.gov) UNDER PUBLIC DOCUMENTS,
COUNCIL PACKETS.
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PUBLIC NOTICES
STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public
programs, services and/or meetings, the City requests that individuals make requests for
these services forty-eight (48) hours ahead of the scheduled program, service and/or
meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or
other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989).
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KEY TO COUNCIL GOALS ICONS
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: May 11, 2010
ITEM #: ES-2
EXECUTIVE SESSION
A. Section 551.071 and 551.072, Texas Government Code – Consultation with City
Attorney and Deliberation regarding Real Property.
1. Discussion regarding Northlake Property.
2. Discussion regarding Old Coppell.
B. Section 551.087, Texas Government Code – Economic Development
Negotiations.
1. East of S. Coppell Road and south of Bethel Road.
2. West of S. Coppell Road and south of Bethel Road.
3. North of Bethel Road and west of Freeport Parkway.
Agenda Request Form - Revised 02/04 Document Name: %exsessn
AGENDA REQUEST FORM
DATE: May 11, 2010
ITEM #: WS-3
WORK SESSION
3. Convene Work Session
A. Discussion regarding Comprehensive Plan Update.
B. Discussion regarding 2010 Parks and Recreation Master Plan.
C. Discussion regarding the Board & Commission Ordinance.
D. Discussion regarding Mayor Pro Tem Appointment.
E. Discussion regarding Council Committee Appointments.
F. Discussion of Agenda Items.
Agenda Request Form - Revised 02/07
Document Name: %wksessn
BWR | Urban Advisors| Frye All Great Cities Have Great PlansAll Great Cities Have Great PlansCity of CoppellCOMPREHENSIVE PLANCity of CoppellCOMPREHENSIVE PLAN“Make no little plans; they have no magic to stir men's blood...Make big plans, aim high in hope and work.“-Daniel Burnham“Make no little plans; they have no magic to stir men's blood...Make big plans, aim high in hope and work.“-Daniel BurnhamCity Council Update - May 11, 2010
BWR | Urban Advisors| Frye AgendaAgenda••Review Project Scope & TimelineReview Project Scope & Timeline••Summary of Steering Committee MeetingsSummary of Steering Committee Meetings••Overview of Draft Project DeliverablesOverview of Draft Project Deliverables••Discussion of Next StepsDiscussion of Next Steps
BWR | Urban Advisors| Frye Review Project Scope & TimelineReview Project Scope & TimelineContents of the Plan– Chapter 1 - Policy Plan – Chapter 2 - Planning Framework – Chapter 3 - Healthy Neighborhoods– Chapter 4 - Special Area Plans– Chapter 5 - Implementation Strategies– Appendix A – Community Profile
BWR | Urban Advisors| Frye Phasing9Project Initiation9Data Gathering & AnalysisPlan PreparationCommunity Feedback & Plan RevisionPlan AdoptionWrap UpReview Project Scope & TimelineReview Project Scope & Timeline
BWR | Urban Advisors| Frye Review Project Scope & TimelineReview Project Scope & TimelineTimeline
BWR | Urban Advisors| Frye Summary of Steering Committee MeetingsSummary of Steering Committee Meetings
BWR | Urban Advisors| Frye Summary of Steering Committee MeetingsSummary of Steering Committee MeetingsSteering Committee Members:Clay Phillips, City ManagerGary Sieb , Planning DepartmentMindi Hurley , Economic DevelopmentMichael Garza , Engineering DepartmentJohn Elias , Parks DepartmentSid Grant , CISD RepresentativeGary Roden , Economic Development CommissionEddie Haas , Vice Chairman Planning CommissionCharles Sangerhausen , Planning Commission
BWR | Urban Advisors| Frye Summary of Steering Committee MeetingsSummary of Steering Committee MeetingsThe role of the Steering Committee• Voice of the community• Interpret strategies in Coppell 2030• Review and suggest revisions to draft plan• Assist with introducing the plan to the community• Assist with answering questions from P&Z and Council
BWR | Urban Advisors| Frye Summary of Steering Committee MeetingsSummary of Steering Committee MeetingsMeetings Held• Meeting 1 – December 15, 2009• Meeting 2 – January 19, 2010• Meeting 3 – April 20, 2010Upcoming Meetings• Meeting 4 – July 2010• Meeting 5 – September 2010
BWR | Urban Advisors| Frye Summary of Steering Committee MeetingsSummary of Steering Committee MeetingsAccomplishments• Finalized document content and link to 2030 Vision• Finalized selection of re-development areas• Completed land use image survey• Reviewed and finalized land use categories and future land use map• Reviewed and edited Chapter 2 – Planning Framework and Appendix A – Community Profile• Provided guidance on redevelopment concept for MacArthur/Beltline
BWR | Urban Advisors| Frye Summary of Steering Committee MeetingsSummary of Steering Committee MeetingsUpcoming Tasks• Review and edit Chapters 1, 3 and 5• Provide feedback on redevelopment concepts for all 4 redevelopment areas• Assist with roll-out of plan to public at Open House• Review public comments and guide final revisions• Assist with presentation of plan to P&Z and City Council
BWR | Urban Advisors| Frye Overview of Draft Project DeliverablesOverview of Draft Project Deliverables
BWR | Urban Advisors| Frye Overview of Draft DeliverablesOverview of Draft DeliverablesContents• Introduction– Why Plan, State Law, Charter, etc.• Demographics– Population, Housing, Income, etc.• Market Analysis– Property values, residential demand, etc.• Planning Context– Reference to existing plans and policies
BWR | Urban Advisors| Frye Overview of Draft DeliverablesOverview of Draft DeliverablesCommunity Profile
BWR | Urban Advisors| Frye Overview of Draft DeliverablesOverview of Draft DeliverablesContents• Sustainability– LEED - ND• Future Land Use– Activity Centers• Parks & Open Space– Green Infrastructure• Transportation– Context Sensitive Design
BWR | Urban Advisors| Frye Overview of Draft DeliverablesOverview of Draft DeliverablesPlanning Framework - Sustainability
BWR | Urban Advisors| Frye Overview of Draft DeliverablesOverview of Draft DeliverablesPlanning Framework – Land Use
BWR | Urban Advisors| Frye Overview of Draft DeliverablesOverview of Draft DeliverablesPlanning Framework – Land Use
BWR | Urban Advisors| Frye Overview of Draft DeliverablesOverview of Draft DeliverablesPlanning Framework – Transportation
BWR | Urban Advisors| Frye Discussion ofNext StepsDiscussion ofNext Steps
BWR | Urban Advisors| Frye Discussion of Next StepsDiscussion of Next StepsMay & June•BWR working to complete draft of planJuly & August•Review draft with Steering Committee•Make necessary editsSeptember•Conduct community open house•Meet with Steering Committee to review feedbackOctober & November•Make necessary edits•Begin adoption processPlan PreparationCommunity FeedbackAdoption
BWR | Urban Advisors| Frye Questions
C ITY OF C OPPELL, T EXAS
P ARKS AND R ECREATION M ASTER P LAN
APRIL 2010
Acknowledgements
Coppell City Council
Karen Hunt, Mayor Pro-Tem
Marsha Tunnell, Member
Brianna Hinojosa-Flores, Member
Tim Brancheau, Member
Bob Mahalik, Member
Billy Faught, Member
Marvin Franklin, Member
Mayor
Jayne Peters
Park Board
Greg Garcia, Chair
Mark Tepper, Vice Chair
Jack Clark, Secretary
Larry Jones
Dixon Rich
Scott Sumpter
Terra Taylor
Brian Brandstetter
Carolyn Horner
Janice Kim, Youth Advisor
Annie Friedman, Youth Advisor
Staff
Clay Phillips, City Manager
Mario Canizares, Deputy City Manager
Brad Reid, Director of Parks and Recreation
Guy Mclain, Assistant Director of Parks and Recreation
Ester Moreno, Recreation Manager
John Elias, Park Operations Manager
Denice Neal, Recreation Center Manager
Amanda Vanhoozier, Community Programs Supervisor
Consultant Team
GreenPlay, LLC
Design Concepts
Geowest
National Service Research
For more information about this document, contact GreenPlay, LLC, at
3050 Industrial Lane, Suite 200, Broomfield, Colorado 80020, Telephone: (303) 439-8369; Fax: (303) 439-0628;
Toll Free: 866-849-9959; Email: Info@GreenPlayLLC.com; Web site: www.GreenPlayLLC.com
Executive Summary
Purpose of this Plan
The purpose of this project is to provide a guiding Plan for the Coppell Parks and
Recreation Department through an extensive needs assessment, community input process, a
citizens survey and a comprehensive evaluation of all existing facilities and future land
acquisition, park development, open space, trails, operations maintenance, recreation
programs, and service needs.
Although this new planning effort will attempt to keep in mind the potential future for the
next twenty years, in reality, as quickly as changes occur in our world today, its
recommendations focus on the next decade. The plan identifies the current Level of Service
(LOS) as well as the upgrades for the recommended LOS for the future growth of the City of
Coppell. The costs associated with these LOS improvements are included in the Plan in
2007 figures. An analysis of programs/services and organizational structure with
recommendations as well as costs is also included in the Plan.
Parks and Recreation Department Mission Statement
To maintain responsible stewardship of natural and allocated resources to promote quality
recreational and educational opportunities that enhance the overall health of individuals and the
community.
History of the Department
The first several years that the function of Parks existed in Coppell, there were a few staff
members designated to mow the park areas that existed at the time. They were considered
part of the Public Works Department. The population of the City was very small, and
parkland was just becoming important to the community. The first significant parkland was
acquired in the early 1980s, with development soon following. The only recreation services
provided in town were planned and coordinated by the local civic organizations.
In 1996, Coppell created the Parks and Leisure Services Department and hired their first
director. During this same timeframe, the voters approved a one-half cent sales tax
dedicated to Recreation Development, causing the Leisure Services Department to explode
with planning and development activities. In 1996, seven Park Operations employees
moved over from the Public Works Department, and two additional staff members were
hired, making a total of nine staff positions. By 1998, the number of positions had grown to
20 and by 2000 to 31 full time positions, plus 37 full time equivalents. The opening of the
Coppell Aquatics and Recreation Center in the summer of 2000 was a major turning point
for the Department, creating for the first time the opportunity for the City to offer full
service recreation programming to its citizens. Similarly, the operating budget for the
Department has increased from $320,400 in 1992, to $6,864,757 in 2010.
Through numerous citizen surveys and an aggressive pursuit of customer satisfaction input,
the Parks and Recreation Department has addressed the continuously changing desires of
the Coppell community. With a continued passion to meet the needs of a demanding
public, the Parks and Recreation Department should be able to sustain past successes into
the future.
Community Profile
Service Area and Population
The primary service area for this analysis will be the City of Coppell, Texas. For this study,
the City’s Planning Office, the Office of Economic Development and the U.S. Census Bureau
were used to determine current and future population projections and other source data
found in this section. Information for the State of Texas and the United States was taken
from the U.S. Census Bureau. The most current population estimate for the City of Coppell
was 39,550 as of October 1, 2009.
Population Forecasts
Although we can never know the future with certainty, it is helpful to make assumptions
about it for planning and economic development reasons. The City of Coppell is very near
its residential build-out and the population is expected to grow to approximately 44, 500 in
2015 and remain that way for the next ten years as shown in Figure 1.
Figure 1: Population Projections 2005 to 2020
0
10,000
20,000
30,000
40,000
50,000
60,000
2006 2010 2015 2020
City of Coppell
Source: City of Coppell, TX
Other Related Planning Efforts and Integration
The following documents were reviewed and used to inform this planning process and
assure that issues and recommendations regarding parks, recreation, open space, and trails
are all well integrated:
• The Coppell Comprehensive Plan 1996
• City of Coppell Parks, Recreation, and Open Space Master Plan 2007
• Coppell Recreation Development Corporation Project Priorities 2009-10
• Parks, Recreation, Open space Master Plan Priorities 2009-10
• City of Coppell Annual Operating Budget 2009-10
• Survey of Attitudes about Parks and Recreation in Coppell 2010
Methodology of this Planning Process
This project has been guided by a project team that met with the consultant team and
provided input for, and review of, the document. Staff also spent considerable time
working with the consultant to edit and prepare the final draft. This team effort has
resulted in a plan that fully utilizes the consultant’s expertise and incorporates the local
knowledge and institutional history that only community members can provide. The
project consisted of the following tasks:
Needs Assessment
This includes:
• Review of previous planning efforts and city historical information.
• Consideration of the profile of the community and demographics, including
anticipated population growth.
• Extensive community involvement efforts including focus groups, meetings with
key stakeholders, communitywide public meetings, and a statistically valid
community interest and opinion survey.
• Identification of alternative providers of recreation services to provide insight
regarding the market opportunities in the area for potential new facilities and
services.
• Research of trends and statistics related to American lifestyles to help guide the
efforts of programming staff.
Service Analysis
This includes:
• Interviews with staff to provide access to city records, along with insight into the
current practices and experiences of the City in serving its citizens.
• Analysis of service addressing recreation, indoor facilities, outdoor facilities, outdoor
programmable spaces, and park services.
Inventory
This includes:
• Inventory of parks, trails, and facilities using existing mapping, staff interviews, and
on-site visits to verify amenities and assess the condition of the amenities and
surrounding areas.
Assessment
This includes:
• Review and refinement of the classification system and standards for parks and
facilities.
• Measurement of the current delivery of service using the GRASP® Level of Service
Analysis and allowing for a target level of service to be determined that is both
feasible and aligned with the desires of citizens as expressed through the citizen
survey. This analysis is also represented graphically through mapping at both a
neighborhood and community level.
• Benchmarking five Texas communities determined by the City of Coppell to
compare statistical information with Coppell Parks and Recreation.
• Exploration of finance and funding mechanisms to support development and
sustainability of the system.
Recommendations and Implementation Strategies
This includes:
Identification and categorization of recommendations into themes and strategies for
implementation.
Development of an action plan for capital improvements including: cost, funding
source potentials, and timeframe, to support the implementation of the Plan.
Community Outreach
As part of this planning effort, a complete parks, recreation, open space, and trails needs
assessment was conducted. Activities included obtaining community input through focus
groups, stakeholders meetings, communitywide public meetings, the random distribution
of a comprehensive statistically valid community survey, creating an in-depth profile of
demographics of the Coppell area, and examining national and local recreational trends.
A total of five focus group/stakeholder meetings, including staff focus groups and a public
forum, were conducted from May 30, 2006 through June 1, 2006. The outreach efforts
yielded valuable input concerning the park and recreational needs for the City from
approximately 72 participants representing the Coppell community.
National Service Research designed a statistically valid telephone citizen survey based upon
input from the focus groups, public meetings, and meetings with City staff. This survey
was conducted in late 2006. A second survey was designed by Ray Turco and Associates
and was conducted in January of 2010, canvassing a total of 400 citizens by telephone. The
margin of error of this sample size at a 95% confidence level is plus or minus 5%.
General Findings
General findings from the Level of Service analysis include:
• Coppell has a significant inventory of both outdoor components and indoor
facilities. For outdoor components, amenities are concentrated in a few locations,
primarily in the Andrew Brown parks along the north side of the City, and at Wagon
Wheel Park in the western side.
• Although Coppell has a series of high-quality trails within its parks, it does not have
a well-connected network of trails that allow people to get to parks from throughout
the City.
• Service in all categories is low in the southeast portion of Coppell which is
predominately in the flood plain. This may become a bigger concern if plans for new
development just beyond Coppell’s border are carried forward. Although the new
development would be in Dallas, its residents would be cut off from direct access to
parks and other amenities in Dallas, and would be likely to look to Coppell for those
services.
Recommendations
1. MAXIMIZE THE PLANNING EFFORT - FIRST STEPS
Goal: Determine support for a renovation to the Andrew Brown Park system.
Strategies:
• Many of the elements in this park were constructed in the 1980s and have become
outdated or obsolete. While still serviceable and safe for the citizens, these facilities
are becoming worn, and in some cases simply no longer meet the needs of the users.
• The parking lot and concession/restroom building at Andrew Brown Community
Park West are in need of renovations or replacement.
• The four-field complex at Andrew Brown Park East is situated in the prime location
of the entire park system. Numerous users visit this park weekly for activities other
than to participate in an athletic event. Many of these activities spill over onto the
playing fields because there is no other space for them to take place. Kite flying,
Frisbee throwing, a picnic on a blanket, or a pick-up game of touch football are
examples of activities one can see taking place at this location.
• The casual park users are beginning to make themselves heard through the citizen
surveys, which indicate an increasing desire for activities more individual and
passive in nature. The positive survey responses for outdoor movies and
amphitheater, as well as open spaces for events and activities indicates a population
whose tastes are changing with regard to recreational desires.
• Recent discussions with the Park Board have produced the idea of redevelopment of
this area into a more open and passive area for less structured uses. At the same
time, the area could be designed for use as a special events venue. The 4th of July
activities and fireworks show and the Coppell Fall Festival could both be held here,
along with other events throughout the year.
Goal: Incorporate the action items of this plan into the Department’s annual work plans
to achieve the recommendations of this plan and to enhance effectiveness of staff
effort.
Strategies:
• Assign responsibility and time frame, and allocate resources necessary to complete
each action identified in annual work plans.
Goal: Assure that all levels of staff are informed and are set up to work together to
implement the recommendations and strategies of the plan.
Strategies:
• Inform all levels of staff of the direction of the Plan and allow for staff input,
encouraging buy-in and knowledge from all staff members.
• Provide cross-departmental staff teams/team members, as appropriate, with
education, development opportunities, necessary equipment and supplies.
2. PLANNING
Goal: To have a long term vision for Coppell Parks and Recreation facilities and services.
Strategies:
• The future of recreation in the City of Coppell will mirror the needs and desires of
the community and, therefore, will need to remain on the cutting edge of what is
being offered in the region and around the country. In order to anticipate what these
needs are, the Parks and Recreation Department will need to remain in contact with
the citizens and stay tuned to national trends. An aspect of the community that has
yet to be brought into consideration is the increasing diversity of Coppell’s citizenry
and the resultant change in recreational demands, if any.
• The City has almost reached its anticipated residential build-out numbers, but
further development in nearby cities could have a significant impact on the usage of
Coppell’s park facilities. Planning for this impact will be of primary concern over
the next few years.
• With the expected additional 20,000 to 25,000 people just southeast of the City of
Coppell, planning for the support of land acquisition in the Northlake property for
additional parks will offset the impact of the additional population to the existing
community. Making sure developers include parks within the development, getting
developers to donate park land or purchasing park land at developer prices will give
the new residents parks within their neighborhood rather than overcrowding
existing parks. Development and maintenance of these parks will need to be
negotiated.
• The ability of the City to meet and exceed the expectations of the community with
regard to quality maintenance of the parks is directly related to its ability to keep
equipment running and operating properly. Anticipating and planning for the
maintenance and replacement of equipment while the city revenues are potentially
declining will become a focus over the life of this plan.
Goal: Review and continuously monitor the Coppell 2030 Plan initiatives that are
relative to Parks and Recreation service delivery.
Strategies:
• Base future initiatives of the Park Board and Parks and Recreation Department on
the Coppell 2030 Plan.
• Ensure Park Board and other advocates of park and recreation services are familiar
with the goals and strategies outlined in the Coppell 2030 Plan.
• Where possible, promote the “Family Community for a Lifetime” tagline as
identified in the Plan.
3. CAPITAL IMPROVEMENTS
Goal: Ensure public safety and maintain existing facilities to the Level of Service the
community expects.
Strategies:
• Implement safety and maintenance capital improvement items.
RECOMMENDATION COST ESTIMATE
Security Lights at AB East parking lot. $50,000
Security Lights at AB West parking lot. (Temporary) $200,000
Replace Kid Country Playground $600,000
Dredging, Trail Repairs and Irrigation at Grapevine Springs Park $45,000
TOTAL $895,000
Goal: Increase customer service through new capital improvements.
Strategies:
• Implement customer service-oriented capital improvement items.
RECOMMENDATION COST ESTIMATE
Preliminary Design/Cost Estimating Services for Master Plan &
Redevelopment of AB East/West $50,000
Improvements to AB East/West: to include buildings, Field
Alignment, Parking Lot, Special Events Area and Girls Softball
Fields.
Professional Services Consultant Fees 15%
$5,000,000 *
$750,000
$5,750,000
Landscape Master Plan for City Medians $80,000
AB East Dumpster Enclosure.
Professional Consultant Fees 15%
$25,000
$3,750
$28,750
Nature Park Education Center $1,250,000
Skate Park
Professional Services Consultant Fees 15%
$220,000
$33,000
$253,000
Dog Park
Professional Services Consultant Fees 15%
$200,000
$30,000
$230,000
TOTAL $7,641,750
*The scope of these projects has yet to be determined, and the associated cost estimates may change significantly once the
true scope is determined.
Coppell Recreation Development Corporation
Development Priorities
Goal: Ensure public safety and maintain existing facilities to the Level of Service the
community expects.
Strategies:
• Implement safety and maintenance capital improvement items.
RECOMMENDATION
Coppell Recreation Development Corporation COST ESTIMATE
Trail Protection & Erosion Control at Andrew Brown Park Trail
Professional Services Consultant Fees 15%
$2,500,000
$375,000
$2,875,000
TOTAL $2,875,000
Goal: Increase customer service through new capital improvements.
Strategies:
• Implement customer service-oriented capital improvement items.
RECOMMENDATION
Coppell Recreation Development Corporation COST ESTIMATE
Trail Amenities
Professional Services Consultant Fees 15%
$200,000
$30,000
$230,000
OHP Utility Corridor
Professional Services Consultant Fees 15%
$763,,000
$114,450
$877,450
MacArthur Blvd. Trail
Professional Services Consultant Fees 15%
$919,000
$137,850
$1,056,850
Levee Bridge Connector
Professional Consultant Fees 15%
$715,700
$107,355
$823,055
Moore Road Trail
Professional Consultant Fees 15%
$581,300
$87,195
$668,495
Northlake College Connector Trail
Professional Services Consultant Fees 15%
$254,200
$38,130
$292,330
RECOMMENDATION
Coppell Recreation Development Corporation COST ESTIMATE
Wagon Wheel/Jr. College Connector Trail Professional Services
Consultant Fees 15%
$437,000
$65,550
$502,550
Multi-Purpose Synthetic Turf Field at Wagon Wheel Park
Professional Services Consultant Fees 15%
$1,000,000
$150,000
$1,150,000
Cottonwood Creek Trail
Professional Services Consultant Fees 15%
$387,300
$58,095
$445,395
Irving Connector Trail
Professional Services Consultant Fees 15%
$1,235,900
$185,385
$1,421,285
North Levee Trail
Professional Services Consultant Fees 15%
$491,200
$73,680
$564,880
Grapevine Creek Park Trail
Professional Services Consultant Fees 15%
$884,400
$132,660
$1,017,060
Denton Creek Park Trail
Professional Services Consultant Fees 15%
$1,155,200
$173,280
$1,328,480
Grapevine Springs Trail
Professional Services Consultant Fees 15%
$1,046,000
$185,385
$1,231,385
Denton Creek East Trail
Professional Services Consultant Fees 15%
$1,640,600
$246,090
$1,886,690
TOTAL $13,495,905
4. PARK MAINTENANCE
Goal: To ensure the longevity and sustainability of the Coppell Parks and Recreation
resources and facilities.
Strategy:
• Park Maintenance has always been an area where the Coppell staff has received
strong support and positive feedback from the citizens. An area of concern is for the
deterioration of certain elements in the system, and the ability to renovate and keep
these facilities at the superior quality that the Coppell citizens have come to expect.
In particular, the drainage elements and pond areas in the Andrew Brown Park
system have begun to erode rather significantly in certain locations. The larger
ponds have already experienced erosion of the banks, leaving the perimeter of the
ponds encroaching on the trail system in areas. If left unchecked, this erosion will
soon affect the support structures of bridges and piers to the point of becoming
unsafe. An aggressive erosion control program should be implemented to protect
the shoreline of the ponds and support amenities, create areas of interest and reduce
future erosion problems.
• Playgrounds are an important feature in any park system and upkeep of these
structures and their inherent safety elements are a continuous focus of the Parks and
Recreation Department. The protective fall surface under a playground can be the
difference between a child getting a bruise and receiving a catastrophic injury. There
are many safety surfaces that function in this protective capacity, and the City of
Coppell has two of them currently in the system. The first is a wood fiber material
that has good shock absorbing capabilities and provides an accessible surface. The
challenges with this product are that it moves as children play and needs to be put
back into place, and it is a natural material so it does decompose over time and
needs replacing. The second type is the rubber matting which has advantages over
the wood fiber in that it does not move out of place and also does not decompose. It
is a fairly permanent installation and provides a clean playing surface. A few of
Coppell’s playgrounds need to be changed over to the rubber matting type of
surfacing. A national trend is to provide shade over playgrounds to protect young
skin from the detrimental effects of prolonged exposure to the sun. Many of
Coppell’s playgrounds do not have the benefit of nearby trees to provide shade. A
shade shelter would be the best method of providing this shade and is
recommended for inclusion in most of the parks.
• Work with staff to take advantage of staff interests and special training.
• Identify all major maintenance tasks including such things as:
o Turf/ mowing
o Pond drainage and erosion control
o Plantings
o Restrooms
o Sidewalks and paths
o Irrigation
o Weed and insect control
o Curb appeal
o Playground and picnic equipment
o Courts and fields
o Litter control
• Evaluate and develop a scoring system for each task to meet desired and consistent
service levels.
• Involve staff in the development of the standards and scoring system.
• Conduct maintenance standards training for all staff.
• Establish and monitor recordkeeping procedures to document the actual hours and
materials costs for each maintenance operation.
• Apply appropriate maintenance standard and define setup/tear down requirements
for all special events, tournaments, or other activities that stress resources, and
assure adequate staffing and funding to take on the task.
• Involve maintenance staff by asking for input on park design to balance operations
and maintenance with design consideration for new development.
• Identify cost estimate and funding source for maintenance during the park planning
process to insure that major capital investments are properly cared for after they are
completed.
• Assure adequate equipment to serve the needs of the staff.
• Evaluate special event needs to determine capacity to perform set up and take down
and other tasks unrelated to general park/civic area landscape maintenance and
assure adequate staffing and funding to take on the task.
• Improve communication tools for employees while in the field to help with a
growing department and limited resources.
• Solicit input from maintenance employees about planned department changes.
5. RECREATION PROGRAMMING
Goal: Provide a variety of recreational opportunities to meet the various needs of the
community and expand recreation program offerings to meet the changing needs
of the community.
Strategies:
• Expand the number of communitywide, city sponsored special events which should
be promoted and located in parks and/or facilities best suited to accommodate the
activity/event. Create opportunities for passive recreation.
• Continuously monitor patrons and potential users by surveys and personal
discussions for potential opportunities.
• Closely monitor Youth Sports Programs for trends regarding competitive play, non-
resident use of facilities and appropriate scheduling by the organizations.
• Create more of a focus on teen, adult and senior programming.
• Determine the desire of the community regarding a fee structure for recreational
offerings resulting in a cost recovery philosophy.
• Expand the Coppell quality of life recreation program effort focusing on the nature,
environmental, interpretation and stewardship of parks and open space.
• Expand activities for the new “senior” who wants active, short commitments, has
individual interests, and has little interest in traditional senior programs.
• Create new and sustainable partnerships for service delivery.
• Develop and/or expand capital equipment replacement fund.
Goal: Schedule programs to meet the needs of our busy society.
Strategies:
• Create more individual, drop-in opportunities.
• Continue to monitor and adjust length and time of programs to address hectic
lifestyles.
• Expand programs to meet the needs of the working public (evenings and weekends),
daytime hours for stay-at-home parents as well as seniors, consider additional before
and after school activities.
• Fund and assign full-time staff to manage expanded programs as needed.
Goal: Expand recreational program offerings at the Coppell Aquatics and Recreation
Center.
Strategies:
• Offer a focus on overall “health and wellness.”
• Additional fitness/studio classes.
• Consider modification of fee structure for group exercise (operating at a
significant loss).
• Continue to take the pulse of the user regarding needs and desires for program
offerings.
6. MARKETING, COMMUNICATIONS AND CREDIBILITY
Goal: Generate awareness and credibility about Community Service offerings and needs
as expressed by the public.
Strategies:
• Increase sponsorship awareness opportunities, program brochure creation,
promotion of the “RecConnect” registration, modifications, and updating to the
departmental web pages.
• Our citizens regularly complain of not being informed about the programs offered
by the City. Many communications avenues are explored and utilized with varying
levels of success. What seemed to work several years ago no longer is popular based
on the survey responses.
• Formalize an evaluation and annual in-house benchmarking program to solicit
participant feedback and drive programming efforts.
• Collect feedback data that supports the expressed desire for improvements to
programs and activities.
• Create a “Mystery Shopper” program where secret shoppers evaluate services
anonymously and results are tracked.
• Prepare an annual report providing information to the public about parks and
recreation funding, stewardship of tax dollars and fees and charges and distribute
the report as widely as possible.
• Create a marketing plan for the Parks and Recreation Department on an annual
basis.
• Develop an evaluation process for marketing media such as newspaper, seasonal
brochures, website, direct mail, targeted e-mails, radio and television advertising to
continuously determine effectiveness of marketing dollars.
• Create seamless product delivery for park and recreation services that delivers from
a consumer vantage.
Goal: Create a seamless and cohesive customer service delivery system for the provision
of all community services programs and services regardless of the location.
Strategies:
• Develop a comprehensive cross training program for all staff and instructors
including knowledge of all program areas as well as customer service.
• Use program tracking and evaluation tools to capacity by designing reports to
readily identify life cycle of programs, identify programs not meeting minimum
capacity (review all program minimums for cost effectiveness), identifying waiting
lists, etc.
7. PERFORMANCE MEASURES
Goal: Create standards for all Parks and Recreation activities and services.
Strategies:
• Establish service standards for all Parks and Recreation activities. Suggested criteria
for service standards include:
o Programs:
Participation levels
Revenue
Instructors
Customer satisfaction
Cost per experience (or per hour, per class)
Customer retention
o Instructors:
Experience
Knowledge
Friendliness
Recruiting
Rewarding
Training
Standards
o Volunteers:
Experience
Knowledge
Friendliness
Recruiting
Rewarding
Training
Standards
o Facilities:
Cleanliness
Customer friendly
Aesthetics
Comfort
o Staff:
Experience
Knowledge
Friendliness
Rewarding
Training
Trends
8. EARNED INCOME OPPORTUNITIES
Goal: Create a comprehensive resource plan that utilizes all resources in the Coppell
area to enhance the Community Services programs and services.
Strategies:
• Assign a designated person to develop community support and earned income
opportunities such as grants, partnerships, sponsorships, volunteers, and all earned
income opportunities.
• Expand and formalize the Volunteer Program to include standards, recruiting, and
training, retaining, and rewarding volunteers in all program areas.
• Aggressively research and apply for grant opportunities.
• Create new and formalize existing Partnerships with equity agreements that are
reviewed annually. A sample Partnership Agreement is located in Appendix XI.
• Create new and formalize existing Sponsorships with equity agreements that are
reviewed annually. A sample Sponsorship Agreement is located in Appendix XII.
• Create an annual Sponsorship Manual listing all the opportunities for the year and
distribute within the community in a menu format that creates a sense of urgency
within the business community.
• Create and market a foundation gift catalog with desired gifts and programs for tax
deductible gifts.
• Implement a Scholarship Program within the Coppell business community to assist
those in need with user fees for activities.
• Create a “WORKREATION” Program where youth can earn “Play Dough” by
performing everyday tasks that save maintenance dollars. The “Play Dough” can be
used by youth for program registration and/or admissions.
• Develop a Neighborhood Sweat Equity Program where community members
provide manpower to refurbish, renovate or upgrade facilities and the Parks and
Recreation Department provides materials and/or machinery operators.
• Create a “Park Ambassador” Program where residents living adjacent to parks are
trained in inspecting parks and filing a weekly report for a nominal fee or pass. This
program can be formulated for utilization in the HOA properties.
9. FUNDING
Goal: Create additional funding sources to implement the Master Plan.
Strategies:
• Several options need to be analyzed by the City Council in the months and years to
come for possible implementation of certain of the capital improvement projects.
• Develop, define, market, educate, and pass a park bond referendum for the major
capital projects in the Master Plan.
• The Parks and Recreation Department should work through the general fund
budgeting process each year to secure what funding may be available during each
budget cycle. Refer to Section IV of this Master Plan to research and establish the
methods of funding the City of Coppell would like to pursue. By utilizing several of
these funding methods the accumulative results can ultimately fund this Master
Plan.
Goal: Develop and implement a refined cost recovery philosophy and pricing policy
based on current “best practices” as determined by the mission of the organization
and the program’s benefit to the community and/or individual.
Strategies:
• Utilize the Pyramid Methodology as outlined in Appendix X to further refine and
define a consistent cost recovery philosophy and pricing policy.
• Fees for programs should acknowledge the full cost of program (those direct and
indirect costs associated with program delivery) and where the program fits on the
scale of who benefits from the program of service to determine appropriate cost
recovery target.
• Define direct costs as those that are typical costs that exist purely because of the
program and change with the program.
• Define indirect costs as those that are typically costs that would exist anyway (like
full-time staff, utilities, administration, debt service, etc.)
• An obvious area where fees need to be adjusted to cover more (if not all) of the costs,
is in field rentals. The true cost per hour of maintaining the fields should be
calculated and updated and field rental fees adjusted annually.
• Define ability to pay as an implementation concern to be addressed through a fee
reduction or scholarship program.
• Continue to encourage the pursuit of alternative funding for the Parks and
Recreation Department.
Goal: Pursue alternative funding through enhanced and additional partnerships.
Strategies:
• Create a Partnership Policy that would provide an outline of what types of
partnerships are appropriate for the Department, the approval and procurement
procedures, steps for partnering, monitoring and evaluation criteria, risk
management and exit strategies if for some reason a partnership does not go as
planned.
• Annually review all instructor, sponsorship and partnership agreements to assure
effective and efficient service to the City. Ongoing discussions regarding placing an
emphasis on more planning and collaboration opportunities should ensue.
• Utilize the sample Partnership Agreement in Appendix XI as a model for more
partnership arrangements.
• Ensure that adequate facility allocation costs are actualized based on the City’s
pricing and cost recovery philosophy and policies.
• Collaborate with alternative recreation providers to take advantage of sharing
resources and to avoid duplication of services. Potential partners identified during
this process include:
o Public and private schools
o Colleges and universities
o Corporations and businesses
o Service organizations (i.e., Rotary Club, Big Brother Big Sister)
o Developers/HOAs
o YMCA
o Special Interests, i.e., USTA/Special Olympics
o Sports associations
• The Parks and Recreation Department should have a continuing dialogue with the
School District regarding a common mission and understand the need for more
space to serve the community. Partnering with schools to improve neighborhood
Level of Service could be done by adding amenities such as shade, benches, and
landscaping at existing school playgrounds. Developing partnership agreements to
assure public access to these sites and maintenance standards that are commensurate
with the expectations of Coppell citizens for parks. The primary targets for this
strategy are Mockingbird and Austin elementary schools.
• The City should continue to facilitate and improve collaborative relationships and
partnerships with all stakeholders such as the youth nonprofit sports organization,
other governmental agencies, neighboring communities, etc. Where possible, the
City should provide liaisons to other boards, councils or commissions, and exchange
information and facilitate collaborative brainstorming, problem solving, and
decision making for the greater benefit of the citizens of Coppell.
Goal: Review and revise the City’s sponsorship philosophy and policy.
Strategies:
• Utilize the sample sponsorship policy found in Appendix XII.
• Review the City’s existing sign, and other codes, for conflicts with new sponsorship
opportunities and policy.
• Utilize corporate/philanthropic sponsorship with direct and visible benefits to the
community by:
o Naming pavilions, benches, and other park facilities with sponsorship brand
logo/names.
o Using cobblestones or bricks to be placed in crosswalks leading to parks –
these items should be available for public/private purchase.
Rev: 9/28/09
COUNCIL’S COMMITTEES
CARROLLTON/FARMERS BRANCH ISD/LEWISVILLE ISD
Council: Councilmember Tunnell Appointed: 06/09/09
CITY/COPPELL ISD LIAISONS
Council: Councilmember Mahalik Appointed: 06/09/09
Council: Councilmember Hinojosa-Flores Appointed: 06/09/09
CISD: Board Trustee David Apple Appointed: 07/09
Board Trustee Cindy Warner Appointed: 07/09
COPPELL SENIORS
Council: Councilmember Brancheau
Councilmember Faught
Appointed: 06/09/09
Appointed: 06/09/09
DALLAS REGIONAL MOBILITY COALITION
Council: Mayor Peters
Mayor Pro Tem Hunt
Appointed: 06/09/09
Appointed: 06/09/09
INTERNATIONAL COUNCIL FOR LOCAL ENVIRONMENTAL INITIATIVES
Council: Councilmember Brancheau Appointed: 06/09/09
METROCREST HOSPITAL AUTHORITY
Council: Councilmember Tunnell Appointed: 06/09/09
METROCREST MEDICAL FOUNDATION
Council: Councilmember Mahalik Appointed: 06/09/09
METROCREST MEDICAL SERVICES
Council: Councilmember Hinojosa-Flores Appointed: 06/09/09
Rev: 9/28/09
METROCREST SOCIAL SERVICES
Council: Councilmember Franklin Appointed: 06/09/09
NCTCOG (NORTH TEXAS COUNCIL OF GOVERNMENTS)
(Appointed by City Council - annual basis)
Council: Councilmember Tunnell Appointed: 06/09/08
NORTH DALLAS CHAMBER
Council: Mayor Pro Tem Hunt Appointed: 06/09/09
NORTH TEXAS COMMISSION
Council: Mayor Pro Tem Hunt Appointed: 06/09/09
SENIOR ADULT SERVICES
Council: Councilmember Franklin Appointed: 06/09/09
Name _________________________________________
COUNCIL COMMITTEE PREFERENCES
Please place a 1, 2, 3, etc. in the blanks indicating your preference of Committees on
which to serve.
C/FBISD/LISD Liaison _________________
CISD Liaison _________________
Coppell Seniors _________________
Dallas Regional Mobility Coalition _________________
International Council for Local Environmental Initiatives _________________
Metrocrest Hospital Authority _________________
Metrocrest Medical Services _________________
Metrocrest Medical Foundation _________________
Metrocrest Social Service Center _________________
North Dallas Chamber _________________
North Texas Council of Governments _________________
North Texas Commission _________________
Senior Adult Services _________________
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
May 11, 2010
7
✔
PROCEDURAL
Consider appointment of Mayor Pro Tem as required by Section 3.05 of the Home Rule Charter.
The Coppell Home Rule Charter decrees that a new Mayor Pro Tem be selected annually at the first regular City
Council meeting following either each regular city election or run-off election if such occurs.
Elect a Mayor Pro Tem
%ProTem
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
May 11, 2010
8
✔
PROCLAMATION
Consider approval of a proclamation recognizing the month of May as “OLDER AMERICANS MONTH 2010,” and
authorizing the Mayor to sign.
Staff recommends approval.
!Older Citizens - 1 AR
PROCLAMATION
WHEREAS, the city of Coppell is a community that includes many citizens aged
60 and older; and
WHEREAS, the older adults in the city of Coppell are among our most
“treasured resources,” united by historical experiences, strengthened by diversity, and
interpreting events through varied perspectives and backgrounds to bring wisdom and
insight to our community; and
WHEREAS, increasing numbers of adults are reaching retirement age and
remaining strong and active for longer than ever before; and
WHEREAS, the older adults in the city of Coppell deserve recognition for the
contributions they have made and will continue to make to the culture, economy and
character of our community and our nation; and
WHEREAS, our community can provide that recognition and respect by
improving the quality of life for older Americans by increasing their opportunities to
remain active and engaged in community life and providing a support system to maintain
the dignity, independence, and self-determination of older Americans as they age.
NOW, THEREFORE, I, Jayne Peters, Mayor of the city of Coppell, do hereby
proclaim the month of May 2010 as
“OLDER AMERICANS MONTH 2010”
in the city of Coppell and urge every citizen to take time this month to honor our older
adults. Our recognition and involvement of older Americans can enrich our entire
community’s quality of life.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of
Coppell to be affixed this _______ day of May 2010.
________________________________
Jayne Peters, Mayor
ATTEST:
____________________________
Libby Ball, City Secretary
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Manager
May 11, 2010
9
✔
PROCLAMATION
Consider approval of a proclamation recognizing the month of May as “MOTORCYCLE SAFETY AND AWARENESS
MONTH,” and authorizing the Mayor to sign.
Staff recommends approval.
!Motorcycles - 1 AR
PROCLAMATION
WHEREAS, motorcycling is both a popular form of transportation and
recreation in Texas; and
WHEREAS, the state’s beautiful roadways and year-long riding season
contribute to Texas having one of the nation’s largest motorcycling populations; and
WHEREAS, motorcyclists are roughly unprotected and much more likely to
be injured or killed in a crash than other vehicle drivers; and
WHEREAS, campaigns have helped inform riders and motorists alike on
motorcycle safety issues to reduce motorcycle related risks, injuries, and most of all
fatalities, through a comprehensive approach to motorcycle safety; and
WHEREAS, it is the responsibility of all who put themselves behind the wheel
to become aware of motorcyclists, regarding them with the same respect as any other
vehicle traveling the highways of this country.
NOW, THEREFORE, I, Jayne Peters, Mayor of the city of Coppell, Texas do
hereby proclaim the month of May 2010 as
“MOTORCYCLE SAFETY AND AWARENESS MONTH”
and urge all in our community to become aware of the inherent danger involved in
operating a motorcycle and give the operator the respect on the road they deserve.
IN WITNESS THEREOF, I have set my hand and caused the seal of the city of
Coppell to be affixed this _____ day of May 2010.
________________________________
Jayne Peters, Mayor
ATTEST:
_____________________
Libby Ball, City Secretary
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Manager
May 11, 2010
10
✔
PROCLAMATION
Consider approval of proclamations congratulating Coppell students on their appointments to military academies,
and authorizing the Mayor to sign.
Seth Rodgers - U.S. Air Force Academy
Ryan Ische - U.S. Merchant Marine Academy
Chip Zurita – U.S. Air Force Academy
Kory Osigian - West Point Academy
Staff recommends approval
!Military Academies - 1 AR
PROCLAMATION
WHEREAS, Seth Rodgers has received an appointment to the Air Force
Academy; and
WHEREAS, Seth has achieved high academic success, and now will combine
that with honorable service to his country; and
WHEREAS, this high honor recognizes Seth for his academic achievement, his
outstanding character, and his leadership abilities; and
WHEREAS, the Coppell community is proud to claim Seth as a citizen and
wish to recognize his commitment to excellence which has led to this appointment.
NOW, THEREFORE, I, Jayne Peters, Mayor of the city of Coppell, do hereby
congratulate Seth Rodgers on his appointment to the Air Force Academy and wish him
continued success in the future.
IN WITNESS THEREOF, I have set my hand and caused the seal of the city
of Coppell to be affixed this _____ day of May 2010.
_________________________________
Jayne Peters, Mayor
ATTEST:
___________________________
Libby Ball, City Secretary
PROCLAMATION
WHEREAS, Ryan Ische has received an appointment to the Merchant
Marines; and
WHEREAS, Ryan has achieved high academic success, and now will combine
that with honorable service to his country; and
WHEREAS, this high honor recognizes Ryan for his academic achievement,
his outstanding character, and his leadership abilities; and
WHEREAS, the Coppell community is proud to claim Ryan Ische as a citizen
and wish to recognize his commitment to excellence which has led to this appointment.
NOW, THEREFORE, I, Jayne Peters, Mayor of the city of Coppell, do hereby
congratulate Ryan Ische on his appointment to the Merchant Marines and wish him
continued success in the future.
IN WITNESS THEREOF, I have set my hand and caused the seal of the city
of Coppell to be affixed this _____ day of May 2010.
_____________________________________
Jayne Peters, Mayor
ATTEST:
________________________
Libby Ball, City Secretary
PROCLAMATION
WHEREAS, Chip Zurita has received an appointment to the Air Force
Academy; and
WHEREAS, Chip has achieved high academic success, and now will combine
that with honorable service to his country; and
WHEREAS, this high honor recognizes Chip for his academic achievement,
his outstanding character, and his leadership abilities; and
WHEREAS, the Coppell community is proud to claim Chip as a citizen and
wish to recognize his commitment to excellence which has led to this appointment.
NOW, THEREFORE, I, Jayne Peters, Mayor of the city of Coppell, do hereby
congratulate Chip Zurith on his appointment to the Air Force Academy and wish him
continued success in the future.
IN WITNESS THEREOF, I have set my hand and caused the seal of the city
of Coppell to be affixed this _____ day of May 2010.
_________________________________
Jayne Peters, Mayor
ATTEST:
___________________________
Libby Ball, City Secretary
PROCLAMATION
WHEREAS, Kory Osigian has received an appointment to West Point; and
WHEREAS, Kory has achieved high academic success, and now will combine
that with honorable service to his country; and
WHEREAS, this high honor recognizes Kory for his academic achievement, his
outstanding character, and his leadership abilities; and
WHEREAS, the Coppell community is proud to claim Kory Osigian as a citizen,
and wishes to recognize his commitment to excellence which has led to this appointment.
NOW, THEREFORE, I, Jayne Peters, Mayor of the city of Coppell, do hereby
congratulate Kory Osigian on his appointment to West Point and wish him continued
success in the future.
IN WITNESS THEREOF, I have set my hand and caused the seal of the city of
Coppell to be affixed this _____ day of May 2010.
_____________________________________
Jayne Peters, Mayor
ATTEST:
_________________________________
Libby Ball, City Secretary
AGENDA REQUEST FORM
DATE: May 11, 2010
ITEM #: 11
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
May 11, 2010
12/A
✔
PROCEDURAL
Consider approval of minutes: April 27, 2010.
Minutes of the City Council meetings held on April 27, 2010.
Staff recommends approval.
%minutes
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MINUTES OF APRIL 27 , 2010
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, April 27, 2010, 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 (late arrival)
Tim Brancheau, Councilmember
Bob Mahalik, Councilmember
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Marvin Franklin, Councilmember
Councilmember Hinojosa-Flores was absent. Also present were City Manager
Clay Phillips, Deputy City Secretary Christel Pettinos 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
Section 551.072, Texas Government Code - Deliberation
regarding Real Property.
1. Discussion regarding Northlake Property.
Mayor Pro Tem Hunt arrived prior to convening Executive Session.
Mayor Peters convened into Executive Session at 5:45 p.m. as allowed
under the above-stated article. Mayor Peters adjourned the Executive
Session at 6:05 p.m. and opened the Work Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion of Service Organizations Funding Requests.
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B. Discussion of Outside Storage.
C. Discussion Regarding Council Retreat Agenda.
D. Discussion Regarding Recreational Attitudinal Survey.
E. Discussion Regarding Aquatic and Recreation
Construction Project.
F. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Pastor Jarrod Robinson with Riverside Church of Christ led those
present in the Invocation.
6. Pledge of Allegiance.
Mayor Peters led those present in the Pledge of Allegiance.
7. Citizens' Appearances.
Mayor Peters advised no one signed up to speak.
8. Consider approval of a proclamation naming the month of April
2010 as Cancer Awareness Month, and authorizing the Mayor
to sign.
Presentation:
Mayor Peters read the Proclamation for the record and presented the
same to Chris Herman, Co-Chair of Coppell’s Relay for Life.
Action:
Councilmember Franklin moved to approve the proclamation naming
the month of April 2010 as Cancer Awareness Month, and authorizing
the Mayor to sign. Councilmember Brancheau seconded the motion; the
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motion carried 6-0 with Mayor Pro Tem Hunt and Councilmembers
Brancheau, Mahalik, Tunnell, Faught and Franklin voting in favor of the
motion.
9. Presentation by Raymond Turco and Associates regarding the
2010 Recreational Attitudinal Survey.
Presentation:
Raymond Turco made a presentation to the Council regarding the 2010
Recreational Attitudinal Survey.
10. Consider approval of minutes: April 13, 2010.
Action:
Councilmember Mahalik moved to approve the minutes of April 13, 2010.
Mayor Pro Tem Hunt seconded the motion; the motion carried 6-0 with
Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik, Tunnell,
Faught and Franklin voting in favor of the motion.
11. Consider approval of an Ordinance of the City of Coppell,
Texas, approving an amendment to Ordinance No. 2009-1239,
the budget for the Fiscal Year October 1, 2009 through
September 30, 2010, and authorizing the Mayor to sign.
Presentation:
Jennifer Miller, Director of Finance, made a presentation the Council.
Action:
Councilmember Faught moved to approve Ordinance No. 2010-1250
approving an amendment to Ordinance No. 2009-1239, the budget for
the Fiscal Year October 1, 2009 through September 30, 2010, and
authorizing the Mayor to sign. Councilmember Mahalik seconded the
motion; the motion carried 6-0 with Mayor Pro Tem Hunt and
Councilmembers Brancheau, Mahalik, Tunnell, Faught and Franklin
voting in favor of the motion.
cm042710
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12. Consider approval of a Resolution expressing official intent to
reimburse costs of City improvements incurred in connection
with the reconstruction of Bethel Road II, similar preliminary
costs for road improvements and paying legal and fiscal fees in
connection with this project prior to the issuance of the bonds,
and authorizing the Mayor to sign.
Presentation:
Jennifer Miller, Director of Finance, made a presentation the Council.
Action:
Councilmember Franklin moved to approve Resolution No.
2010-0427.1 expressing official intent to reimburse costs of City
improvements incurred in connection with the reconstruction of Bethel
Road II, similar preliminary costs for road improvements and paying
legal and fiscal fees in connection with this project prior to the issuance
of the bonds, and authorizing the Mayor to sign. Mayor Pro Tem Hunt
seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hunt
and Councilmembers Brancheau, Mahalik, Tunnell, Faught and Franklin
voting in favor of the motion.
13. Consider approval of award of Bid #Q-0310-02 for
reconstruction of Bethel Road II in the amount of
$2,089,019.05, as provided for in General Fund Balance, to
JRJ Paving, Inc.; and authorizing the City Manager to sign and
execute any necessary documents.
Presentation:
Ken Griffin, Director of Engineering, made a presentation to Council.
Action:
Councilmember Brancheau moved to award of Bid #Q-0310-02 for
reconstruction of Bethel Road II in the amount of $2,089,019.05, as
provided for in General Fund Balance, to JRJ Paving, Inc.; and
authorizing the City Manager to sign and execute any necessary
documents. Councilmember Tunnell seconded the motion; the motion
carried 6-0 with Mayor Pro Tem Hunt and Councilmembers Brancheau,
Mahalik, Tunnell, Faught and Franklin voting in favor of the motion.
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14. Consider approval of Change Order Number 3 to the South
Coppell Road (ST 07-02) project in the amount of $61,997.33
for Drainage Channel work and intersection improvements at
Coppell Road and Southwestern Blvd., as provided for in CIP
funds; and authorizing the City Manager to sign all necessary
documents.
Presentation:
Ken Griffin, Director of Engineering, made a presentation to Council.
Action:
Councilmember Tunnell moved to approve Change Order Number 3 to
the South Coppell Road (ST 07-02) project in the amount of $61,997.33
for Drainage Channel work and intersection improvements at Coppell
Road and Southwestern Blvd., as provided for in CIP funds; and
authorizing the City Manager to sign all necessary documents.
Councilmember Brancheau seconded the motion; the motion carried 6-0
with Mayor Pro Tem Hunt and Councilmembers Brancheau, Mahalik,
Tunnell, Faught and Franklin voting in favor of the motion.
15. Consider approval of award of Bid #Q-0410-01 for the Traffic
Signal Installation Project – No. TR 08-01 Sandy Lake Road at
Riverchase Drive in the amount of $215,700.00, as provided
for in CIP funds to Roadway Solutions, Inc; and authorizing the
City Manager to sign and execute any necessary documents.
Presentation:
Ken Griffin, Director of Engineering, made a presentation to Council.
Action:
Mayor Pro Tem Hunt moved to approve award of Bid #Q-0410-01 for the
Traffic Signal Installation Project – No. TR 08-01 Sandy Lake Road at
Riverchase Drive in the amount of $215,700.00, as provided for in CIP
funds to Roadway Solutions, Inc; and authorizing the City Manager to
sign and execute any necessary documents. Councilmember Franklin
seconded the motion; the motion carried 6-0 with Mayor Pro Tem Hunt
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Page 6 of 8
and Councilmembers Brancheau, Mahalik, Tunnell, Faught and Franklin
voting in favor of the motion.
16. City Manager's Report.
A. Project Update and Future Agendas.
A. City Manager Clay Phillips reported that the Park Master Plan will
be coming forward in Work Session on May 11th, and then as an
action item on May 27th. An update on the Comprehensive Land
Use Plan will be presented on May 11th.
17. Mayor and Council Reports.
A. Report by Mayor Peters regarding the Police Department’s
Fallen Officer Memorial Dedication on May 7th.
A. Mayor Peters announced the Dedication Ceremony for the Police
Department’s Fallen Officer Memorial will be held on May 7th at
10am at the Justice Center. Officers have been raising funds for
this monument through motorcycle rallies and drug seizure funds.
18. Public Service Announcements concerning items of community
interest and no Council action or deliberation is permitted.
Mayor Peters reported that Congress passed a resolution naming April as
National Distracted Driving Awareness Month. Locally, Coppell High
School has pledged to participate in a “No Phone Zone” challenge. April
is also National Donate Life Month. Mayor Peters also offered her
condolences for H. Lewis Nichols, founding partner of Nichols, Jackson,
Dillard, Hager and Smith.
19. 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. International Council for Local Environmental Initiatives
(ICLEI) – Brancheau.
F. Metrocrest Hospital Authority – Tunnell.
G. Metrocrest Medical Foundation – Mahalik.
H. Metrocrest Medical Services – Hinojosa-Flores.
I. Metrocrest Social Services – Franklin.
J. North Texas Council of Governments – Tunnell.
cm042710
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K. North Texas Commission – Hunt.
L. Senior Adult Services – Franklin.
A. Councilmember Tunnell announced School Board elections for
both school districts with Early Voting ending May 4th. LISD will be
hosting meetings on May 3rd at the Administration Annex to
discuss the apportionment of funds received from four federal
grant programs. Medicine Disposal Day will be May 1st from
10-2pm. Bring expired or unused prescriptions to any high school
or Hebron Elementary. LISD is hosting a concert on April 30th at
7pm to remember Daniel Pearl, a journalist who was killed in
Afghanistan. Finally, CFBISD will have a Candidate Forum on
April 28th at 6:30pm at the Administration Building and
Kindergarten Round-Up is May 12th.
B. Councilmember Mahalik reported WFAA Channel 8 will be
featuring a segment on Denton Creek Elementary called “After the
Bell” on Mondays and Thursdays and on New Tech High School on
“Making the Grade.” Check your local listings for times.
C. Councilmember Faught announced the following activities:
Mother’s Day Luncheon will be May 5th at 11:30am; a trip to the
Ranger Game will be May 13th; a trip to Southlake Town Square
will be held on May 18th; the Wii Bowling Competition will be held
on May 25th; Fitness Week will be May 24th-28th with the Senior Fit
Party on May 28th; and finally, a trip to the Museum of Nature and
Science will be held on May 27th.
D. Mayor Peters stated the next DRMC meeting will be May 7th with
the topic discussing Private and Public Partnerships Advancing the
Cotton Belt. KPMG will be presenting. Also, there will be a Joint
Meeting in Austin on May 26th between the Senate Transportation
Committee and the Senate Finance Committee.
E. Councilmember Brancheau thanked the participants for attending
Earthfest. Mayor Peters thanked the volunteers who helped with
the Clean-Up in Coppell.
F. Councilmember Tunnell reported a new name and operator for the
organization – Dallas Medical Center.
G. Nothing to report.
H. Nothing to report.
I. Councilmember Franklin stated the Keyholder’s Breakfast was a
success. Also, the City of Carrollton has extended the lease until
December 31, 2010.
J. Councilmember Tunnell announced the next General Assembly
Meeting will be June 18th. The 2010 Commuter Challenge will be
held April 27th-September 1st. Log your commuter miles for a
chance at prizes. Also, the Trinity River Common Vision Program
will be having a reception on April 28th at the La Quinta.
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Page 8 of 8
K. Mayor Pro Tem Hunt informed Council that NTC is offering a
webinar on the Economic Impact of Sports on May 4th and the
Regional Administrator for the EPA will be speaking on May 7th.
For more information, visit their website.
L. Nothing to report.
At this time, Council reconvened into Work Session.
WORK SESSION (Open to the Public)
Convene Work Session
A. Discussion of Service Organizations Funding Requests.
B. Discussion of Outside Storage.
C. Discussion Regarding Council Retreat Agenda.
D. Discussion Regarding Recreational Attitudinal Survey.
E. Discussion Regarding Aquatic and Recreation
Construction Project.
F. Discussion of Agenda Items.
20. Necessary Action Resulting from Executive Session.
There was no action necessary under this item.
There being no further business to come before the City Council, the
meeting was adjourned.
____________________________________
Jayne Peters, Mayor
ATTEST:
____________________________________
Libby Ball, City Secretary
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Secretary
May 11, 2010
12/B
✔✔
ORDINANCE
Consider approval of an ordinance amending the Code of Ordinances Chapter 2, "Boards and Commissions", Article
2-1, "Library Board", Section 2-1-3, "Officers", and Article 2-2, "Parks and Recreation Board", Section 2-2-3, "Officers", by
amending subsection A in each article by repealing the provision limiting the holding of office for two consecutive
terms and allowing one term to elapse to be eligible for re-election for the officers of said Boards and Commissions; by
amending Article 2-4, "Planning and Zoning Commission", Section 2-4-3, "Officers", by repealing subsection B in its
entirety and renumbering accordingly, and authorizing the Mayor to sign.
Staff recommends approval.
%bd chair term limits
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES FOR THE CITY OF
COPPELL CHAPTER 2, “BOARDS AND COMMISSIONS”, ARTICLE 2-1,
“LIBRARY BOARD, SECTION 2-1-3, “OFFICERS”, AND ARTICLE 2-2,
“PARKS AND RECREATION BOARD, SECTION 2-2-3, “OFFICERS”, BY
AMENDING SUBSECTION A IN EACH ARTICLE BY REPEALING THE
PROVISION LIMITING THE HOLDING OF OFFICE FOR TWO
CONSECUTIVE TERMS AND ALLOWING ONE TERM TO ELAPSE TO
BE ELIGIBLE FOR RE-ELECTION FOR THE OFFICERS OF SAID
BOARDS AND COMMISSIONS; BY AMENDING ARTICLE 2-4,
“PLANNING AND ZONING COMMISSION”, SECTION 2-4-3,
“OFFICERS”, BY REPEALING SUBSECTION B IN ITS ENTIRETY AND
RENUMBERING ACCORDINGLY; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That Chapter 2, “Boards and Commissions”, of the Code of Ordinances be
and the same is hereby amended by amending Articles 2-1, 2-2, and 2-4 by repealing provisions
related to the limitations placed on terms of office for officers, which shall read as follows:
“CHAPTER 2
BOARDS AND COMMISSIONS
ARTICLE 2-1. LIBRARY BOARD
. . . .
Sec. 2-1-3. Officers
A. The board shall each October . . . office, or until their successors are elected.
. . . . .
ARTICLE 2-2. PARKS AND RECREATION BOARD
. . . . .
Sec. 2-2-3. Officers
A. The board shall each October . . . office, or until their successors are elected.
. . . . .
. . . . .
. . . . .
ARTICLE 2-4. PLANNING AND ZONING COMMISSION
. . . . .
Sec. 2-4-3. Officers.
A. The commission shall each October elect from its membership . . . . .
B. In the event of a vacancy in the office of chairman, the vice-chairman . . . . .
C. In the event of a vacancy in the office vice-chairman or secretary, the . . . . .
. . . . . .
. . . . .”
SECTION 2. That all provisions of the Code of Ordinances of the City of Coppell, Texas,
in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 3. That should any word, phrase, paragraph, section or phrase of this ordinance
or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid,
the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof
other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the
validity of the Code of Ordinances as a whole.
SECTION 4. That this ordinance shall take effect immediately from and after its passage
and the publication of the caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2010.
TM 42564.2.3152010
2
APPROVED:
JAYNE PETERS, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb)
TM 42564.2.3152010
3
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
May 11, 2010
12/C
✔
CONTRACT/BID or PROPOSAL
Consider approval of Change Order Number 1 in the amount of $31,500.00 to the Freese and Nichols, Inc. design
contract for improvements in the Old Town Coppell area; and authorizing the City Manager to sign any necessary
documents.
Approval of this change order will allow for the design of all four legs of the East/West roadways leaving the proposed
square, such that they can be constructed with the initial construction.
Funds will need to be provided by the General Fund - Undesignated Fund Balance.
Staff recommends approval of the change order.
#Change Order #1 Old Town
MEMORANDUM
TO: Mayor and City Council
FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
DATE: May 11, 2010
REF: Consider approval of Change Order Number 1 in the amount of $31,500 to
the Freese and Nichols, Inc. design contract for improvements in the Old
Town Coppell area; and authorizing the City Manager to sign any necessary
documents.
At the February 9, 2010 Council meeting, Council awarded a design contract to Freese &
Nichols, Inc. for the design of improvements in Old Town Coppell. The original design contract
included the design of the main road heading south from Bethel Road, the intersection of Bethel
and Coppell Road, the ring road around the future site of the Farmer’s Market, and one
connection to South Coppell Road. It also included the design of all water, sewer, and drainage
improvements necessary for the development of the property.
Since the award of that contract, there has been discussion concerning the remainder of the
public streets within this development. The purpose of this Change Order is to authorize Freese
& Nichols, Inc. to design the balance of the existing public streets in this development. Those
streets are: Burnett, Crockett, and the remaining portions of Travis and Houston (street names as
suggested by the developer). The change order also includes the design of the on-street parking
adjacent to those streets. The design of these improvements will allow them to be constructed
with the initial construction of Old Town Coppell.
Staff recommends approval of Change Order Number 1 in the amount of $31,500, and will be
available to answer any questions at the Council meeting.
1
Old Coppell Town Square
Infrastructure Plan
Created in LDDT
1 INCH = 1 MILE
0 11/2
S:\CAD\In_Design\OLD COPPELL DEV\dwg\OLD COPPELL DEV.dwg\TOWN SQUARE AREA REV5 EXHIBIT
Created on: 5 May 2010 by Scott Latta 1/2
DESIGN ITEMS IN
ORIGINAL CONTRACT
ADDITIONAL DESIGN ITEMS
INCLUDED IN CHANGE ORDER #1
1 INCH = FT.
0 200
200
100
Old Coppell Town Square
Infrastructure Plan
Created in LDDTS:\CAD\In_Design\OLD COPPELL DEV\dwg\OLD COPPELL DEV.dwg\TOWN SQUARE AREA REV5 EXHIBIT
Created on: 5 May 2010 by Scott Latta 2/2
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
May 11, 2010
12/D
✔
CONTRACT/BID or PROPOSAL
Consider approval of awarding Bid #Q-0410-02 "Sidewalk Pavement Repairs" to California Construction LLC in the
amount of $106,262.15, and approval of a contingency amount of $18,737.85, as provided for in the IMF; and
authorizing the City Manager to execute a contract for such construction.
Approval of the bid award will allow the contractor to begin the annual sidewalk repair program for 2009/2010.
Funds are available in the Infrastructure Maintenance Fund for this contract.
Staff recommends approval of the bid award.
#Sidewalk Bid Award
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: May 11, 2010
RE: Consider approval of awarding Bid #Q-0410-02 "Sidewalk Pavement
Repairs" to California Construction LLC in the amount of
$106,262.15, and approval of a contingency amount of $18,737.85, as
provided for in the IMF; and authorizing the City Manager to execute
a contract for such construction.
On April 15, 2010 the City of Coppell received and opened 18 bids for the annual
sidewalk pavement repair contract. The bids ranged from $106,262.15 to $248,140.00.
The budget for this project was $150,000.
The Engineering Department administers the annual sidewalk repair program with money
allocated in the Infrastructure Maintenance Fund. Awarding this contract will allow us to
replace a significant amount of sidewalk throughout the city. See the attached quadrant
maps showing current repair needs throughout the city.
The low bid of $106,262.15 was submitted by California Construction, LLC based in
Frisco. The Engineering Department has conducted a background check of this company
including references, balance sheets, and necessary personnel and equipment to complete
the work. Based on these checks it appears California Construction, LLC is qualified and
capable of completing this work.
We are also asking for approval of a contingency amount of $18,737.85. This amount
would be used to repair additional sidewalks adjacent to the areas identified in the bid
documents. The area of repair often exceeds the identified area, and we are forced to
either ask for additional funds, or not make some of the repairs on the list. The
contract was bid as a unit price contract, and this additional $18,737.85 will allow us to
repair an additional 4300 square feet of sidewalks.
contract was bid as a unit price contract, and this additional $18,737.85 will allow us to
repair an additional 4300 square feet of sidewalks.
Staff recommends the award of the “Sidewalk Pavement Repairs” project to California
Construction, LLC in the amount of $106,262.15 with an additional contingency amount
of $18,737.85 for a total of $125,000.
Staff will be available to answer any questions at the Council meeting.
BID #Q-0410-02 SIDEWALK REPAIRDESCRIPTION QTY price extended price extended price extended price extended price extended1 Sidewalk Failures per s.f.Quadrant 1 5,414 $4.35 $23,550.90 $4.50 $24,363.00 $4.75 $25,716.50 $5.15 $27,882.10 $5.38 $29,127.32Quadrant 2 11,711 $4.35 $50,942.85 $4.50 $52,699.50 $4.75 $55,627.25 $5.15 $60,311.65 $5.26 $61,599.86Quadrant 3 3,284 $4.35 $14,285.40 $4.50 $14,778.00 $4.75 $15,599.00 $5.15 $16,912.60 $5.17 $16,978.28Quadrant 4 1,430 $4.35 $6,220.50 $4.50 $6,435.00 $4.75 $6,792.50 $5.15 $7,364.50 $5.64 $8,065.202 Decorative Concrete 250 $4.65 $1,162.50 $11.00 $2,750.00 $4.00 $1,000.00 $6.00 $1,500.00 $9.64 $2,410.003 ADA Ramps / each 10 $775.00 $7,750.00 $900.00 $9,000.00 $450.00 $4,500.00 $675.00 $6,750.00 $782.00 $7,820.004 Lead Walk Steps / each 5 $120.00 $600.00 $200.00 $1,000.00 $150.00 $750.00 $35.00 $175.00 $282.00 $1,410.005 Meter & V Box Adjust / each 15 $50.00 $750.00 $50.00 $750.00 $150.00 $2,250.00 $75.00 $1,125.00 $138.00 $2,070.006 Adjust Manholes 5 $200.00 $1,000.00 $100.00 $500.00 $250.00 $1,250.00 $125.00 $625.00 $368.00 $1,840.00TOTAL BID$106,262.15 $112,275.50 $113,485.25 $122,645.85 $131,320.66DESCRIPTION QTY price extended price extended price extended price extended price extended1 Sidewalk Failures per s.f.Quadrant 1 5,414 $5.75 $31,130.50 $5.60 $30,318.40 $5.20 $28,152.80 $6.49 $35,136.86 $7.20 $38,980.80Quadrant 2 11,711 $5.75 $67,338.00 $5.60 $65,581.60 $5.20 $60,879.20 $6.23 $72,959.53 $7.20 $84,319.20Quadrant 3 3,284 $5.75 $18,883.00 $5.60 $18,390.40 $5.20 $17,076.80 $7.09 $23,283.56 $7.20 $23,644.80Quadrant 4 1,430 $7.00 $8,222.50 $5.60 $8,008.00 $5.20 $7,436.00 $7.24 $10,353.20 $7.20 $10,296.002 Decorative Concrete 250 $350.00 $1,750.00 $6.00 $1,500.00 $15.18 $3,795.00 $10.00 $2,500.00 $15.00 $3,750.003 ADA Ramps / each 10 $50.00 $3,500.00 $780.00 $7,800.00 $1,092.00 $10,920.00 $600.00 $6,000.00 $700.00 $7,000.004 Lead Walk Steps / each 5 $100.00 $250.00 $180.00 $900.00 $231.00 $1,155.00 $200.00 $1,000.00 $100.00 $500.005 Meter & V Box Adjust / each 15 $100.00 $1,500.00 $120.00 $1,800.00 $330.00 $4,950.00 $100.00 $1,500.00 $50.00 $750.006 Adjust Manholes 5 $500.00 $500.00 $250.00 $1,250.00 $396.00 $1,980.00 $250.00 $1,250.00 $75.00 $375.00TOTAL BID$133,074.00 $135,548.40 $136,344.80 $153,983.15 $169,615.80DESCRIPTION QTY price extended price extended price extended price extended price extended1 Sidewalk Failures per s.f.Quadrant 1 5,414 $5.15 $27,882.10 $5.70 $30,859.80 $6.25 $33,837.50 $5.65 $30,589.10 $6.00 $32,484.00Quadrant 2 11,711 $5.15 $60,311.65 $5.70 $66,752.70 $6.25 $73,193.75 $5.65 $66,167.15 $5.60 $65,581.60Quadrant 3 3,284 $5.15 $16,912.60 $5.70 $18,718.80 $6.25 $20,525.00 $5.65 $18,554.60 $6.15 $20,196.60Quadrant 4 1,430 $5.15 $7,364.50 $5.70 $8,151.00 $6.25 $8,937.50 $5.65 $8,079.50 $8.30 $11,869.002 Decorative Concrete 250 $16.00 $4,000.00 $7.00 $1,750.00 $15.00 $3,750.00 $22.00 $5,500.00 $14.80 $3,700.003 ADA Ramps / each 10 $1,200.00 $12,000.00 $1,000.00 $10,000.00 $500.00 $5,000.00 $1,150.00 $11,500.00 $1,020.00 $10,200.004 Lead Walk Steps / each 5 $500.00 $2,500.00 $30.00 $150.00 $35.00 $175.00 $1,100.00 $5,500.00 $690.00 $3,450.005 Meter & V Box Adjust / each 15 $200.00 $3,000.00 $100.00 $1,500.00 $25.00 $375.00 $255.00 $3,825.00 $135.00 $2,025.006 Adjust Manholes 5 $500.00 $2,500.00 $300.00 $1,500.00 $100.00 $500.00 $350.00 $1,750.00 $630.00 $3,150.00TOTAL BID$136,470.85 $139,382.30 $146,293.75 $151,465.35 $152,656.20Ken-Do ContractingAlfa Roofing & Construction Reliable Paving Basecom, Inc Lambeth Home Builders Jim Bowman ConstructionCalifornia Construction, LLC Estrada Concrete Co., LLC3D Paving & Constracting, LLCF&F Concrete, LLCLandS ConstructionAllied Builders, Inc PWR Concrete, Inc Bird Construction Service Smith Contracting, Inc
BID #Q-0410-02 SIDEWALK REPAIRDESCRIPTION QTY price extended price extended price extended price extended price extended1 Sidewalk Failures per s.f.Quadrant 1 5,414 $9.50 $51,433.00 $9.50 $51,433.00 $10.00 $54,140.00Quadrant 2 11,711 $9.50 $111,254.50 $9.00 $105,399.00 $10.00 $117,110.00Quadrant 3 3,284 $9.50 $31,198.00 $10.00 $32,840.00 $10.00 $32,840.00Quadrant 4 1,430 $9.50 $13,585.00 $11.00 $15,730.00 $10.00 $14,300.002 Decorative Concrete 250 $13.00 $3,250.00 $15.00 $3,750.00 $25.00 $6,250.003 ADA Ramps / each 10 $600.00 $6,000.00 $800.00 $8,000.00 $2,000.00 $20,000.004 Lead Walk Steps / each 5 $75.00 $375.00 $1,500.00 $7,500.00 $100.00 $500.005 Meter & V Box Adjust / each 15 $300.00 $4,500.00 $100.00 $1,500.00 $150.00 $2,250.006 Adjust Manholes 5 $300.00 $1,500.00 $700.00 $3,500.00 $150.00 $750.00TOTAL BID$223,095.50 $229,652.00 $248,140.00 $0.00 $0.00ATCI ContractingCates, Courtney & Roebuck, IncHencie International, Inc
Highland Meadow DrDenton CountyDallas County
DATE ADDRESS SIZE(s.f.)A-1 2006/09/05 Parkview 320 60A-2 2007/01/09 Hollowtree Ct 201 40A-3 2007/04/17 Woodcrest 124 48A-4 2008/07/07 Village Pkwy (in front of Lakeside Elem 50A-5 2008/09/24 Heartz btwn Brighton & Suzanne Way 40A-6 2008/09/24 Heartz btwn Suzanne Way & Park Valley 40A-7 2008/11/03 Basilwood 1044-1048 60A-8 2008/11/05 Beau 919 20A-9 2008/12/30 Bella Vista 609 40A-10 2009/03/02 Parkway/Lodge 60A-11 2009/03/04 Suzanne Way 246 100A-12 2009/03/16 Marlee Cir 701 80A-13 2009/03/23 Meadowood 329 80A-14 2009/03/25 Creek Crossing 1052 100A-15 2009/03/30 Leslie 845 220A-16 2009/04/08 Meadowglen Cir 128 80A-17 2009/04/27 Dogwood Trl 332 188A-18 2009/05/07 Deforest 665 - 669 268A-19 2009/05/12 Glen Lakes 618 60A-20 2009/05/26 Nottingham 673 160A-21 2009/05/29 Willingham 293 120A-22 2009/06/03 Walnut Grove 343-347 208A-23 2009/06/05 Woodcrest 144 100A-24 2009/06/05 Bristol Ct 103 12A-25 2009/06/17 Alex 419 31A-26 2009/06/18 Leslie 833 280A-27 2009/06/22 Crestwood 723 40A-28 2009/06/22 Cribbs 647 232A-29 2009/06/22 Parkview 432 176A-30 2009/06/24 Lake Park 627 60A-31 2009/07/08 Stringfellow 553 96A-32 2009/07/10 Heartz/Park Valley SE Corner 96A-33 2009/07/14 Sleepy Hollow 247 40A-34 2009/08/02 Woodmoor 724 25A-35 2009/08/26 Lyndsie 270 20A-36 2009/08/27 Andover 646 100A-37 2009/08/31 Beverly 534 392A-38 2009/09/29 Walnut Grove 222 102A-39 2009/09/30 Forest Hill 604 64A-40 2009/10/15 Lake Forest 541 24A-41 2009/10/22 Deann 113 200A-42 2009/10/23 Parkway 405-409 160A-43 2009/10/24 Beechwood 337 180A-44 2009/12/02 Quiet Valley 307 136A-45 2009/12/12 Prestwick Ct 623 20A-46 2009/12/30 Forestwood 1019 120A-47 2010/01/06 Greentree 318 140A-48 2010/01/08 Pecan Hollow 408 80A-49 2010/02/10 Chinaberry Way 210 96A-50 2010/02/28 Morning Mist 316 140A-51 2010/03/15 Meadow Run Cir 135 130
D-26
D-1D-23D-5
D-22
D-19
D-24
A-48
A-2
A-23
A-34
A-51A-11
A-41A-3
A-24
A-5
A-35
A-32
A-10
A-4A-6
A-16
A-36
A-15A-26
A-45
A-8A-20
A-40
A-37
A-14
A-7
A-46
A-9
A-39
A-27
A-30
A-19
A-18
A-12
A-28
A-29A-1
A-50 A-13A-44
A-42
A-21 A-47A-25
A-43
A-17
A-38A-33 A-22 A-31A-49
B-21
B-17B-23
B-20B-58 B-32
B-29 B-33 B-46
B-34 B-41B-13B-25
B-52
B-51
B-4 B-27B-35B-22B-43B-37
B-12
Waterview
Sandy Lake RdState HWY 121 Service RHood Dr
Lea Meadow
P
i
n
y
o
n
L
n
Cambria Dr Longmeadow DrLiberty Cir
Lakeview Ct
Foxtail Ct
Shorewood Ct
Cedar Ridge Ct
Greenway Ct
MacArthur Blvd
Westbury Ct
Aust i n Ct
Westwind Cove
Greentree Ln
Parkway Blvd
Ridgewood Dr
Kingsridge Dr
T own Center Dr
Fitness Ct
Stonewick Ln
Cedar Crest Ct
Prince Edward Ln
Hood Ct
Park V a l l e y Dr
Alle
n
R
d
Elmvale Ct
Mockingbird Ln
Fallkirk Dr
Turnberry Ln
Chelsea Bay
Stonewick Ln
Firelight Way
Hood Dr
Hollowtree Ct
Bitternut Dr
Plumlee Pl
Briarwood Ct
S tate HW Y 121 Service RRiverview Dr
T eal Cov e
Trinity Ct
Parkview Pl
Lodge RdSpyglass DrMoore RdFountain Dr
Chaucer Ct Dogwood TrlA
n
d
ov
e
r LnLake Forest DrFountain View Pl
Spyglass Cove
Laguna LnClaremont Ct
Stonemeade Way
Thornbury Way
Waterside DrHeartz Rd
Stringfellow Dr
Chestnut Ct
Meadowglen CirMeadow RunBrant DrMapleleaf Ln
Brighton Ct
C otswold Ln
Cribbs Dr
Redwood DrB a s i lwo o d D r
Greenw a y D r
Park Valley Ct
Quiet Valley Rd
Moore RdChalfont Pl
Mariners Ct
Moonlight Cove
Greenwood Ct
Aberdeen Ct
S n o w s h ill T r
Willo w Springs Dr
Eastgate Dr
L akeview Dr
P
a
r
k
H
ig
hla
n
d
s Dr
Autumn Ln
S horewood Dr
Reeder DrHarwell St
Waterview Dr
Cypress Ct
Cross Timbers T r l
Fountain Head LnDover CtMarlee Cir
Dogwood T r lB
e
n
t
T
r
e
e Ct
Creekside LnRustic M ead ow W ayBrentwood Dr
Woodcrest LnN o r t h shore C t
Pec a n Hollow Dr W oodm oor D rTrai
lwood LnP a r k v ie w P lWalnut G r o v e L n
L y n d s ie D r
Cedar C r e s t D r Beverly DrRockcrest DrLeslieChestnut L n Lyndsie DrSti
l
l Forest DrP en in su la Dr
Burns CrossingEagle Dr
Candlelight Cove Morning MistHeather Gl
e
n DrN
ottin
g
h
a
m
D
r
Finch LnF l i n t shire W ayBristol CtBe
ll
a Vi
s
t
a Dr
Glenwood DrKyle Dr
Portside DrRiverchase DrStratford LnBeechwood Ln
Oa kwo o d L nDenton Tap RdRockcrest Ct
W a r w ic k L n
Brown Trl
Roundr o c k C i r
C
r
o
o
k
e
d
T
r
ee Ct
Parr St
M
ill Trl
King s C a n y on Ct
Inglenook CtCoats St
Beau Dr
Grace Dr
Stringfellow
W
ill
o
w Ri
d
g
e
C
t
St James P
l
Vill
a
g
e
Green Dr
Clayton Cir
Castlebury CtCherry wood TrlParkwood DrCr
e
s
t
h
a
v
e
n Rd
Pinyon Dr
Nash StF orest w oo d LnCastle Creek Dr
Deforest CtKimbel CtHighland Dr
Tangle w o o d L n
Kirkland Dr
Colonial Dr Starleaf StH o mewood DrEdgewood Dr B
a
r
c
l
a
y Av
e
Alendale Dr
W
arren Crossing
Chinaberry Way
C
r
e
s
t
wo
o
d Dr
S p r i n g
H
ill
D
r
As
p
e
n
w
a
y Dr
Lee DrClear Haven R d
Indi a n R ock DrSuzanne Way
Holly StDeann DrLockhaven Ln
Swallow Dr
Duncan Dr
Harrison Dr
Allencrest LnSparrow Ln
Forest Hi ll DrJohnson Dr
W aterview DrGrace Ln
Hood Dr
Clear Creek LnLondon WaySimmons DrSimmons DrLake Vista Dr
Meadowood Ln Samuel BlvdSamuel BlvdSandy Knoll DrPark Highlands Ct
Kailey WayDeforest Rd
Misty Harbor CtRaintree DrN a t c h e s T r a c e Natches TraceBrighton Ln
Hill DrGlen Lakes Dr
Glen Lakes Dr Cambridge Ma
n
o
r LnBeaver Run DrVillage Pkwy
Village PkwyRaven LnRaven Ln
Sugarberry Dr
Ashford DrAshford DrGarden GroveAlex Dr Prestwi
c
k
C
t
Woodlake Dr
Nixon StPhillips Dr
Phi
l
l
i
ps DrCove Dr
Quail Ln Quail LnRedcedar Way DrParker DrGreentree DrC r e e k C r o s s i ng
H a rrison H ill CtCherrybark DrWestlake DrHollywood L nIsland Bay DrCascade WaySt Andrews PlLansdow n e Cir
Lansdowne CirCedar Ridge Dr Milton WayRaintree CirHolly StBr
u
s
h
y
C
reek TrlDr
i
ft
wood DrLake Vista PlBay Cir
Lake Park
Dr
Dobecka DrPintai l C tFlagstone LnTown Center BlvdGibbs C r o s si n g
Laguna DrTimber Ridge LnSand Point CtD u ncan DrWillingham DrEncla
ves CtSleepy Hollow LnTennyson PlRobin LnDickens DrParkwoodMesquitewood StPlaza Bl
v
dThompson Dr
Cheshire Dr
Michelle Pl
Westwind Dr²
2009-2010 Sidewalk RepairRepair Map Quadrant AScale: 1" = 1,0001,000 Feet
Legend
City LimitCounty LineQuadrant LimitSidewalk Repair
Highland Meadow DrDATE ADDRESS SIZE(s.f.)B-1 2007/06/07 Pebble Creek 1425 48B-2 2008/04/11 Glenwood 224 340B-3 2008/06/02 Riverchase Dr 50B-4 2008/06/09 Edgewood 158 200B-5 2008/08/11 Salem Ct 208 150B-6 2008/09/12 Shadowcrest/Moore Rd 200B-7 2008/10/08 Meadowlark 747 40B-8 2008/11/21 Old York 406 80B-9 2009/01/16 Glendale 172 - 176 260B-10 2009/02/24 Timber Ridge/Rolling Brook 100B-11 2009/03/05 Timber Ridge 319 240B-12 2009/03/17 Sugarberry 942 100B-13 2009/03/30 Robin 740 40B-14 2009/03/31 Bethel School 316-324 348B-15 2009/03/31 Hunters Ridge 437 204B-16 2009/03/31 Hunters Ridge/Bethel School 112B-17 2009/04/01 Aspenway 208 - 220 844B-18 2009/04/01 Woodhurst 211 164B-19 2009/04/20 Oriole 723 120B-20 2009/04/23 Highland Meadow 111 156B-21 2009/06/02 Mapleleaf 110 192B-22 2009/06/04 Pheasant 638 300B-23 2009/06/05 Creekside 119 70B-24 2009/06/05 Winetree Ct 200 172B-25 2009/06/10 Simmons 149 144B-26 2009/06/12 Havencrest 544 180B-27 2009/06/15 Creekside 211 35B-28 2009/06/19 Westbury 241 80B-29 2009/06/22 Edgewood 122 220B-30 2009/06/22 Edgewood 218 120
DATE ADDRESS SIZE(s.f.)B-31 2009/06/26 Condor 935-939 112B-32 2009/07/02 Raven 606 - 610 396B-33 2009/07/02 Quail 644 152B-34 2009/07/06 London Way 146 184B-35 2009/07/06 Pheasant 634 188B-36 2009/07/28 Breanna Way 1332 100B-37 2009/07/29 Simmons 153 120B-38 2009/08/07 Creekside 218 252B-39 2009/08/07 Bethel School E 607 140B-40 2009/08/31 Bethel School E 725 140B-41 2009/09/15 Mesquitewood 147 400B-42 2009/09/18 Havencrest 548 220B-43 2009/09/23 Highland Meadow 200 160B-44 2009/09/29 Stonecrest 1300-1304 60B-45 2009/10/09 Pinyon 324 280B-46 2009/10/14 Timber Ridge 215 80B-47 2009/10/28 Pepperwood 325 100B-48 2009/10/28 Pepperwood 345 40B-49 2009/11/20 MacArthur 720 250B-50 2009/11/20 MacArthur (N.of Riverchase)300B-51 2009/11/30 Quail 611 240B-52 2009/12/08 Mockingbird 160B-53 2009/12/09 Glade Point 1502 264B-54 2009/12/30 Falcon 809 260B-55 2010/01/29 Hunters Ridge Cir 405 160B-56 2010/02/16 Woodway 465 160B-57 2010/02/19 Greenridge 521 164B-58 2010/03/04 Highland Meadow 119 240B-59 2010/03/04 Heartz 420 1000B-60 2010/03/10 Creekside 258 80
A-24 A-15A-26
B-44
B-8
B-49
B-12
B-21
B-17B-23
B-20B-58 B-32
B-29 B-33 B-46
B-51B-34 B-41B-13B-25B-37 B-43 B-22B-35 B-27B-4 B-38B-28
B-30 B-60
B-42B-26
B-2
B-19 B-11
B-47B-18 B-56 B-45
B-57 B-48 B-24
B-59
B-14 B-7B-55 B-54
B-53
B-31B-39
B-40
B-5
B-9
B-16 B-15
B-52
B-3
B-6
B-10 B-36
B-1
B-50
Versailles Dr
Dickens Dr Sandy Lake RdTennyson Pl Kimbel Ct
Hidden Valley Dr MacArthur Bl
v
dFountain View PlBristol Ct Meadowglen Cir
Arbor Brook Ln
Glendale Dr
Meadow Run
Christi Cir
Foxtail Ct
Samuel Blvd
Corsica Ct
Lenten Ct
Asher Ct
Bethel School Rd
Bordeaux Ct
Riverchase
DrMoore RdSalem Ct
Phoenix Cir
H
awk Ct Falls CtLeavalley Cir
Crane Cir
Shiloh Ct
Lodge Rd
Elmvale Ct
Braewood Dr
Jennings Ct
Trailwood Ln
Wynnpage Dr
Mason CtElm Hill Ct
Allencrest Ln
Westbury Ct
W oodhurst DrWoodcrest Ln
Denton Tap RdChaucer Ct
Forest Cove Dr
Pebble Creek Dr
Westbury Dr
Meadowview Cir
W e s t c h e s t e r DrS to n e c re s t D rHidden Hollow Ct
Mapleleaf Ln
Condor DrTo
wer CtHemlock Ct
Breanna WayGreenwood Ct
Maywood Cir
Shadowcrest Ln
Glade Point Dr
Hollow CirGlencrest CirSouthwestern Blvd
V illaw ood L n
Southwestern Blvd Leavall
ey
L
n
Rolling Brook Ln
Cuttingham Ct
Winetree Ct
Tupelo Dr
Autumn Ln
Springoak LnAirline Dr
Kingsmill Ct
A
r
b
or
Brook LnHunters Ridge RdBriarcove Ln Liberty CirWille
t
D
r
Wise
W
ay
Starleaf S t
Hidden Valley DrWillow Springs Dr
Meadowcreek Rd
Va n b e b b e r D r
Braewood Dr
WoodparkSea Hawk
Ct
Hillhaven
D
r
Carter
Dr Wellin
g
ton
RdFalcon CtEl
m Fork DrP in e H u r s t D r
P e n u e l DrEagle Dr
Crestview Ct Tanager DrSunrise DrB radford Dr
Meadowview Ln
Falls Rd
Falc o n L nWestwood CtB a r r i n g t o n Dr
Oriole LnGlenwood DrPelican Lane
Grapevine Creek Dr
Bryan LnRiverview DrDove Cir
Ledbetter RdHollow Ridge PlWoodhillCrown
P
o
i
n
t DrCambria DrSwan DrBiltmor e C t
C o v e nt r y C tDunlin LnSora LnWillow Springs Ct
Oakcrest LnB lue Jay Dr
Forestcres t LnHavencrest Ln
Park Meadow Way Castlebury CtWoodwayCreekside LnPinyon Dr
Nash StIndependence Dr
Woodhurst Pl
Colonial Dr
Hidden H o l l o wLakewood CtOl
d York RdHummingbird DrOakbrook Dr
Pheasant LnHolly StSandy Oak Ln Bethel School CtNorth Lake DrSwallow Dr
C o r a l D rRedwing DrSparrow Ln
Crane Dr
Fairway DrMeadowlark L n
Christi LnBlue Jay LnLondon WayRolling Hills RdMockingbird LnMockingbird LnChalais CtHeartz RdAspenway DrAs
p
e
n
w
a
y Dr
Greenridge D r Holly StWilshire DrL
o
n
g
m
e
a
d
o
w
D
r
G le n d a le D r
B e th e l RdFinch LnBelt Line Rd
Belt Line RdHidden Valley DrRaven LnRaven Ln
Sugarberry Dr
Rolling Hills Cir Hill DrBitternut DrQuail Ln Quail LnRedcedar Way D r
Highland Wa
yEdgewood DrDowning DrPinyon LnTimber Ridge LnSandy Knoll DrSandy Knoll DrBeacon Hi
l
l DrCherrybark DrCherrybark Dr
Crestview Dr Berkshi
re LnCardinal LnHeather Glen DrMallard Dr Barclay AveHawk LnVillawood CirDobecka DrR
ocky
Branch
L
n
Rocky Branch LnBriarglen Dr
B
ritt
a
n
y
D
r Tri
ni
ty CtHunters Ri
dge CirPepperwood StRobin Ln Mesquitewood StClear Creek Ln
Sanders LoopSanders Loop Simmons DrSimmons Dr²
2009-2010 Sidewalk RepairRepair Map Quadrant BScale: 1" = 1,0001,000 Feet
LegendCity LimitCounty LineQuadrant LimitSidewalk Repair
DATE ADDRESS SIZE(s.f.)C-1 2007/08/20 Wrenwood 128 108C-2 2008/11/31 Brooks 424 38C-3 2009/01/21 Kingston Cir 147 80C-4 2009/03/27 Plantation 441 260C-5 2009/04/20 Plantation/Coppell Rd 208C-6 2009/05/26 Tealwood 271 96C-7 2009/05/28 Edinburgh 508 - 524 240C-8 2009/05/30 Halifax 268C-9 2009/05/30 Halifax 427 160C-10 2009/06/12 Oakbend 606 48C-11 2009/06/12 Dillard 448 208C-12 2009/08/21 Carrington 150 80C-13 2009/08/25 Hearthwood 145 140C-14 2009/08/30 Whispering Hills 186 186C-15 2009/09/14 Forest Ridge 477 40C-16 2009/09/14 Forest Ridge 478 52C-17 2009/09/25 Ashley 343 520C-18 2009/11/11 Hartford Cir 146 180C-19 2009/12/05 Greenwich 507 200C-20 2010/01/14 Hearthwood 112 100C-21 2010/01/24 Mobley Way 538 32C-22 2010/03/09 Melinda 522 40
Tarrant CountyDallas CountyD-15
C-15C-19
C-7
C-16C-10
C-8
C-1
C-9
C-3C-18
C-12
C-20C-13
C-6
C-17
C-4
C-2
C-21 C-11
C-22
C-5
C-14
State HWY 121
Denton Tap RdOlympia Ln
Royal Ln
Olympia Ln
Juniper Dr
Versailles Dr
Wild Plum Dr
Coppell Rd
Forest Ridge Dr
Penfolds LnSanders Loop
Interstate 635 Service R
Bethel Rd
Southwestern Blvd Armstrong BlvdNewcastle Ct
State HWY 121 Service RFieldcrest Cir
Leisure Ct
State HWY 121 HwyMeadowcreek Rd
Sandy Lake Rd
Delta CtWhispering Hills DrState HWY 121 HwyBethel School R d
Hunterwood Ct
Jeb Ct
Brock St
Vanbebber Dr
Breckland Heights
Anderson AveHalifax DrWinding Hollow LnSouthwestern Blvd
B rae w o od Dr
Richmond Ct
Park LnCozby Ave Bayou CtState HWY 121 Service RRosemount Ct
Dartmouth Ln
Corsica CtAmberwood DrForest Bend DrTara CtCarriage Ct
Town Cente r D r
Hickory Ridge Dr
Scott StStanton Ct
Hearthwood DrNewport Dr
Mitchell StLynn CtSteamboat DrSouthern Belle DrBranchwood TrlPlantation DrBordeaux CtMossy Oaks DrCharleston Dr
Post Oak D r
Beal Ln
Hartford CirBrooks Ln
State HWY 121 Service R
O l y mpia Ln
Willow Ln
Melinda StShady Oaks Shadydale LnCarolina Ct
Fri
t
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R
d Manchester LnArbo
r Manors DrHeath Ln
Ruby Rd
McNear Dr Carrington DrAut u m n w o o d L n
Windham CirKingston CirWynnpage Dr
Benson Ln Juniper CtWoodland CoveInterstate 635 Ripplewood CoveCooper Ln
Exchange CirHazelwood Cove
White S p ruce DrArcher Dr
Loch StParish PlHowell StRiver Rd
Gateway
Greenwich Ln
Interstate 635
B u r n s S t
Halifax Ln
Coppell RdOak Grove Ln
Sad dle T r ee Trl
Wrenwood DrGateviewGrapevine Mills P k w y
Wales CtHammond StInterstate 635 Service R
Georgian DrKaye St
Gateway Blvd Belt Line RdMobley WayBullock StFleetwood CoveLexington AveTealwood Dr
Dakota Ln
Arbor Manors Dr
Harris StCoppell RdMagnolia DrChateaus DrHarris DrNorthpoint DrNorthpoint Dr
County Line RdCounty Line RdEdinbu r g h LnOakbend DrHawken Dr
E d m o n dson Dr Chalais CtOak TrlOak TrlSpanish Moss Dr
Freeport PkwyFreeport
P
k
wy Leisure Ln Leisure LnFieldcrest Loop
Fieldcrest Loop
Knights WayPeachtree DrSummer Place DrBricknell Ln
Heart hstone Ln
Ash l ey Dr
Country LnC o u n try LnDillard LnCottonwood DrCreekview Dr
Creekview DrFitness Ct
²
2009-2010 Sidewalk RepairRepair Map Quadrant CScale: 1" = 1,0001,000 Feet
Legend
City LimitCounty LineQuadrant LimitSidewalk Repair
Tarrant CountyDallas CountyDenton CountyDallas County
DATE ADDRESS SIZE(s.f.)D-1 2007/01/31 Fallkirk/Denton Tap 84D-2 2008/06/18 Applecross 850 20D-3 2008/06/18 Mullrany 839 40D-4 2008/06/18 Applecross 842 20D-5 2008/06/18 Fallkirk/Denton Tap 20D-6 2008/06/18 Kilbridge Ln 40D-7 2008/06/18 Kilbridge Ln/Kilbridge Ct 80D-8 2008/06/18 Turnberry 20D-9 2008/06/18 Turnberry/Kilbridge 52D-10 2008/06/24 Fallkirk end of greenbelt 100D-11 2008/06/24 Kilbridge NE end greenbelt 160D-12 2009/05/28 Winding Hollow 139 60D-13 2009/06/03 Westminster Ct 611-615 112D-14 2009/06/05 Avalon 421 124D-15 2009/06/17 Leisure Ln 304 120D-16 2009/07/21 Westminster Ct 534 32D-17 2009/10/07 Martel 310 20D-18 2010/01/27 Kilbridge Ln 132 8D-19 2010/01/27 Denton Tap/Fallkirk/Turnberry 100D-20 2010/01/27 Lairds 131 16D-21 2010/01/27 Kilbridge Ct 133 40D-22 2010/01/27 Denton Tap/Fallkirk 25D-23 2010/01/27 Fallkirk Entrance 10D-24 2010/01/28 Denton Tap S of Turnberry ent.92D-25 2010/01/28 Kilbridge 804 25D-26 2010/01/28 Turnberry entrance 10
D-26
D-13
D-16
D-14
D-17
D-12
D-15
D-24
D-2D-18
D-19
D-20 D-21
D-25
D-10
D-3
D-4 D-22
D-5D-23D-1
D-6
D-11
D-8
D-9
C-7 Whispering Hills Dr
Graywood Ln
Fleetwood Cove
Natches Trace
State HWY 121 Service R
Highland Dr
Sandy Lake Rd
State HWY 121 Service R
Woodland CoveRipplewood Cove
Copperstone Ct
Town Cente r Dr
Westminste r WayParkway Blvd
Freeport Pkwy
State HWY 121
Georgian Dr
Tanbark Ct
Sandalwood Ct
Newcastle Ct
Leisure Ct
Arbor Manors Dr
Buckingham Ct
Denton Tap RdAbbey Ct
Coppell Rd
Winding Hollow Ct
Eastwick Dr
Minyard Auburn WayMadi
son
S
t
Breckland Heights
Ridge w o od Dr
Winding Hollow LnBranchwood TrlForest Bend Dr
Hardwick Ct
Georgian Dr Fallkirk DrGibson CtFallkirk CtKilbridge
Dartmouth LnState HWY 121 HwyFairlands CirJoshua Ln
Pedmore DrKilbridge
Alder Ct
D rex el D r
Fairlands Dr
Applecross Ct
Martel CtLayton Dr
Levee PlDalmalley Ln
Post Oak D r
Beal Ln
Willow Ln
Shady Oaks Shadydale LnButtonwood DrManchester LnClifton Ct
Canyon Dr
Gifford CtCromwell CtNorthwestern DrKingsridge Dr
S
h
e
ffield Ct
Bla c k f ie ld Dr
Clov er Meadow LnGraywood Ct
Cowboy DrBankers Cottage LnT ur n b e r r y LnMatheson CtBricknell DrPatriot
Fairview CtKilmichael DrState HWY 121Canemount Ln
Burning Tree LnState HWY 121Grapevine Mills P k w y State HWY 121 RdState HWY 121 RdTrade Center DrState HWY 121 HwyNorthpoint DrCoppell RdCoppell RdState HWY 121 Service RState HWY 121 Service RGifford DrCompton CtTanbark CirOakbend DrButtonwood CtGraham DrWaverly LnDiamond RidgeBlack Oak CirB l ack Oak Cir
Loxley Dr
Martel LnLairds DrKilbridge Ln
C
op
p
e
rsto
n
e
T
rl
Oak TrlOak TrlHampton DrLeisure Ln Leisure LnHampton CtSummer Place DrAce LnBricknell LnBricknell LnMullrany Dr
Avalon
Royal LnFreeport PkwyCottonwood DrFitness Ct
²
2009-2010 Sidewalk RepairRepair Map Quadrant DScale: 1" = 1,0001,000 Feet
Legend
City LimitCounty LineQuadrant LimitSidewalk Repair
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
May 11, 2010
12/E
✔
ORDINANCE
Consider approval of an Ordinance for Case No. PD-171R2-HC, GTE Shared Services Addition (STMicroelectronics), Lot
1R2, Block 1, a zoning change request from PD-171R-HC (Planned Development-171 Revised-Highway Commercial) to
PD-171R2-HC (Planned Development-171 Revision 2-Highway Commercial), to revise the Detail Site Plan to allow a
3,300-square-foot screened mechanical yard along the southeast wall of the existing building located at 750 Canyon
Drive and authorizing the Mayor to sign.
On April 13, 2010, Council unanimously approved this ZONING CHANGE (6-0).
On March 18, 2010 the Planning Commission unanimously
recommended approval of this ZONING CHANGE (4-0).
Commissioners Frnka, Sangerhausen, Duncan and Kittrell voted in
favor, none opposed.
Staff recommends APPROVAL.
@PD-171R2-HC,GTESS ORD-1 AR (con)
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-171R-HC (PLANNED
DEVELOPMENT-171 REVISED-HIGHWAY COMMERCIAL) TO PD-
171R2-HC (PLANNED DEVELOPMENT-171 REVISION 2-HIGHWAY
COMMERCIAL), TO REVISE THE DETAIL SITE PLAN TO ALLOW A
3,300-SQUARE-FOOT SCREENED MECHANICAL YARD ALONG THE
SOUTHEAST WALL OF THE EXISTING BUILDING LOCATED AT 750
CANYON DRIVE, AND BEING MORE PARTICULARLY DESCRIBED IN
EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN
FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF THE SITE
PLAN, LANDSCAPE PLAN AND ELEVATIONS, ATTACHED HERETO
AS EXHIBITS “B, “C” AND “D”, RESPECTIVELY; PROVIDING FOR
DEVELOPMENT REGULATIONS; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City
of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the
Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing to all
property owners generally, and to all persons interested and situated in the affected area and in the
vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-171R2-
HC should be approved, and in the exercise of legislative discretion have concluded that the
Comprehensive Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be
and the same is hereby amended by granting a change in zoning from PD-171R-HC (Planned
Development-171 Revised-Highway Commercial) to PD-171R2-HC (Planned Development-171
Revision 2-Highway Commercial), to revise the Detail Site Plan to allow a 3,300-square-foot
screened mechanical yard along the southeast wall of the existing building located at 750 Canyon
TM 43149.2.4192010 2
Drive, and being more particularly described in Exhibit “A”, attached hereto and made a part
hereof for all purposes.
SECTION 2. The property shall be developed and used in accordance with the HC
(Highway Commercial) development regulations and standards under the Coppell Zoning
Ordinance, except as amended in the development regulation hereinbefore set forth:
(A) The three (3) existing Shumard Oak tress shall be transplanted east of the proposed
mechanical yard, as shown on the Landscape Plan, attached hereto as Exhibit “C”.
(B) The proposed 10-foot solid wall shall be located and constructed of a plaster
material and painted to match the existing building, as shown on the Elevations,
attached hereto as Exhibit “D”.
(C) Except as amended herein and as provided in this Ordinance, the property shall be
developed in accordance with Ordinance 91500-A-202, which is incorporated
herein as set forth in full and hereby republished.
SECTION 3. The property shall be developed and as provided on the Site Plan, Landscape
Plan and Elevations, attached hereto as Exhibits “B”, “C” and “D”, respectively, and which are
made a part hereof for all purposes, which are hereby approved.
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore
amended and as amended herein.
SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so
TM 43149.2.4192010 3
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.
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
___________________, 2010.
APPROVED:
_____________________________________
JAYNE PETERS, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb Reviewed & Revised)
EXHIBIT ‘A’
Page 1 of 2
LEGAL DESCRIPTION
STATE OF TEXAS
COUNTY OF DALLAS
BEING a 13.699 acre ( 596,730 square feet) tract of land located in the T.W. Cousy Survey,
Abstract No 317, City of Coppell, Dallas County, Texas, and being all of Lot 1R2, Block 1, of the
Replat of GTE Shared Services Center Addition, an addition to the City of Coppell, Dallas County,
Texas, as recorded in Instrument No. 200900124402 of the Map Records of Dallas County,
Texas (M.R.D.C.T.), and being part of a tract of land described in deed to SP4 750 Canyon, L.P.,
a Delaware limited partnership, as recorded in Document No. 20070259116, Deed Records of
Dallas County, Texas (D.R.D.C.T.), and being more Particularly described as follows:
COMMENCING at a 5/8-inch iron rod found for the southwest corner of said Lot 1R1, Block 1, said corner
being at the intersection of State Highway No. 121 (a variable width public right-of-way), and Canyon
Drive (a 60-foot public right-of-way);
THENCE along the north right-of-way line of said Canyon Drive the following three (3) calls;
South 45 degrees, 48 minutes, 00 seconds East, a distance of 20.47 feet to a 5/8-inch iron rod
found for the beginning of a non-tangent curve to the right;
In an easterly direction, along said curve to the right, having a central angle of 42
Degrees, 38 minutes, 00 seconds, a radius of 339.73 feet, a chord bearing and distance of South
67 degrees, 07 minutes, 00 seconds East, an arc distance of 252.79 feet to a 5/8-inch iron rod at
the end of said curve;
South 88 degrees, 26 minutes, 15 seconds East, along the north right-of-way line of said Canyon
Drive, a distance of 891.21 feet to a 5/8-inch iron rod found for the beginning of a non-tangent
circular curve to the left; said point also being the POINT OF BEGINNING;
THENCE in a northern direction, along said curve to the left, having a central angle of 89 degrees 49
minutes 24 seconds, a radius of 25.00 feet, a chord bearing and distance of North 46 degrees 39 minutes
03 seconds East, an arc distance of 35.30 feet to a point for angle at the end of said curve;
THENCE North 01 degree, 44 minutes, 21 seconds East, a distance of 57.55 feet to a point for angle;
THENCE North 43 degrees, 36 minutes, 47 seconds West, a distance of 498.52 feet to a point for angle;
THENCE North 01 degree, 30 minutes, 57 seconds East, a distance of 289.36 feet to a point for angle;
THENCE North 43 degrees, 05 minutes, 34 seconds West, a distance of 85.37 feet to a point for corner;
said point being in the southeasterly right-of-way line of said State Highway No. 121;
THENCE North 49 degrees 40 minutes 49 seconds East, continuing along the southeasterly right-of-way
line of said State Highway No. 121, a distance of 339.48 feet to a monument found for corner in the south
right-of-way line of Coppell Road (a variable width right-of-way);
THENCE South 89 degrees, 55 minutes, 53 second East, departing the southeasterly right-of-way line of
said State Highway No. 121, and along the south right-of-way line of said Coppell Road, a distance of
79.33 feet to a 5/8-inch iron rod found for corner;
THENCE South 88 degrees, 35 minutes, 00 seconds East, continuing along the south right-of-way line of
said Coppell Road, a distance of 979.25 feet to a 5/8-inch iron rod found for the northeast corner of said
Lot 1, Block 1, some being the northwest corner of Lot 2, Block 1, of said Replat-Minor Plat GTE Shared
Services Addition;
EXHIBIT ‘A’
Page 2 of 2
THENCE South 01 degree, 25 minutes, 00 seconds West, departing the south right-of-way line of said
Coppell Road, and along the common line with said Lot 2, Block 1, a distance of 110.37 feet to a 5/8-inch
iron rod found for corner;
THENCE South 46 degrees, 34 minutes, 16 seconds West, continuing along said common line , a
distance of 968.04 feet to a 5/8-inch iron rod found for corner;
THENCE South 01 degree, 33 minutes, 45 seconds West, along said common line, a distance of 93.33
feet to a 5/8-inch iron rod found for corner;
THENCE North 88 degrees, 26 minutes, 15 seconds West, departing said common line, and along the
north right-of-way line of said Canyon Drive, a distance of 891.21 feet to the POINT OF BEGINNING
CONTAINING 13.699 acres or 596,730 square feet, more or less.
STMICROELECTRONICS MECHANICAL YARDGTE SHARED SERVICES ADDITION
LOT 1R2, BLOCK 1
C0.1
SITE PLAN
DALLAS FORT WORTH HOUSTON
MAPSCO D1-Q
SITE DATA INFORMATION
(3) SHUMARD OAKT0BE RELOCATED ON-SITE(29) DWARFBURFORD HOLLYTO BE REMOVEDTREE PROTECTIONFENCING TO REMAINDURING CONSTRUCTION OFNEW MECHANICAL YARDREPAIR AND REPLACEEXISTING LANDSCAPEAND IRRIGATION TOREMAIN DUE TONEW CONSTRUCTION;INSTALL LAWN SOLIDSOD BERMUDAGRASS INNEW PARKING ISLANDSFUTURELIVE OAKFUTURELIVE OAKFUTURELIVE OAKFUTURECHINESE PISTACHEFUTURECHINESE PISTACHEFUTURESHUMARD OAKFUTURESHUMARD OAKFUTURE DWARFBURFORD HOLLYFUTURE DWARFBURFORD HOLLY705 S.F. TOTALLANDSCAPETO BE REMOVEDREPAIR AND REPLACEEXISTING LANDSCAPEAND IRRIGATION TOREMAIN DUE TONEW CONSTRUCTION;INSTALL LAWN SOLIDSOD BERMUDAGRASS INNEW PARKING ISLANDS(3) TRANSPLANTEDSHUMARD OAKST MIICRO MECHANICAL YARDLOT 1R2, BLOCK 1DALLAS FORT WORTH HOUSTON214.749.0333 fax214.206.3128 S TATEOFTEXAS4226KORINHAU GAN GTE SHARED SERVICES ADDITIONL1.01LANDSCAPE PLANMAPSCO D1-Q0609012018030SCALE IN FEET: 1"=60'-0"LANDSCAPE NOTES1. CONTRACTOR SHALL VERIFY ALL EXISTING ANDPROPOSED SITE ELEMENTS AND NOTIFY LANDSCAPEARCHITECT OF ANY DISCREPANCIES. SURVEY DATAOF EXISTING CONDITIONS WAS SUPPLIED BY OTHERS.2. CONTRACTOR SHALL LOCATE ALL EXISTINGUNDERGROUND UTILITIES AND NOTIFY LANDSCAPEARCHITECT OF ANY CONFLICTS. CONTRACTOR SHALLEXERCISE CAUTION WHEN WORKING IN THE VICINITYOF UNDERGROUND UTILITIES.3. CONTRACTOR SHALL PROVIDE A MINIMUM 2% SLOPEAWAY FROM ALL STRUCTURES.4. ALL PLANTING BEDS AND LAWN AREAS TO BESEPARATED BY STEEL EDGING. NO STEEL EDGINGSHALL BE INSTALLED ADJACENT TO SIDEWALKS ORCURBS. CUT STEEL EDGING AT 45 DEGREE ANGLEWHERE IT INTERSECTS SIDEWALKS AND CURBS.5. ALL LAWN AREAS TO BE SOLID SOD BERMUDAGRASS,UNLESS OTHERWISE NOTED ON THE DRAWINGS.6. ALL LANDSCAPE AREAS TO BE 100% IRRIGATED WITHAN UNDERGROUND AUTOMATIC IRRIGATION SYSTEMAND SHALL INCLUDE RAIN AND FREEZE SENSORS.7. CONTRACTOR SHALL PROVIDE BID PROPOSAL LISTINGUNIT PRICES FOR ALL MATERIAL PROVIDED.8. CONTRACTOR SHALL BE RESPONSIBLE FOR OBTAININGALL REQUIRED LANDSCAPE AND IRRIGATION PERMITS.IRRIGATION REPAIR NOTES1. IRRIGATION SUBCONTRACTOR TO FLAG EXISTINGIRRIGATION IN THE FIELD THAT SHALL INCLUDE BUTNOT LIMITED TO: HEADS, VALVES, QUICK COUPLERS,MAINLINE, ETC.2. CONTRACTOR SHALL MAINTAIN INTEGRITY OFEXISTING SYSTEM AND SHALL INCLUDE IN BID:MATERIALS, LABOR, ETC. TO REPAIR EXISTINGIRRIGATION SYSTEM.3. ALL EXISTING MAINLINE SHALL BE LOCATED ANDCAPPED WHERE NECESSARY.4. EXISTING IRRIGATION SHALL BE MODIFIED TO PROVIDE100% COVERAGE OF NEW AREAS CONSTRUCTED.MAINTENANCE NOTES1. THE OWNER, TENANT AND THEIR AGENT, IF ANY,SHALL BE JOINTLY AND SEVERALLY RESPONSIBLE FORTHE MAINTENANCE OF ALL LANDSCAPE.2. ALL LANDSCAPE SHALL BE MAINTAINED IN A NEATAND ORDERLY MANNER AT ALL TIMES. THIS SHALLINCLUDE MOWING, EDGING, PRUNING, FERTILIZING,WATERING, WEEDING AND OTHER SUCH ACTIVITIESCOMMON TO LANDSCAPE MAINTENANCE.3. ALL LANDSCAPE AREAS SHALL BE KEPT FREE OFTRASH, LITTER, WEEDS AND OTHER SUCH MATERIALOR PLANTS NOT PART OF THIS PLAN.4. ALL PLANT MATERIAL SHALL BE MAINTAINED IN AHEALTHY AND GROWING CONDITION AS ISAPPROPRIATE FOR THE SEASON OF THE YEAR.5. ALL PLANT MATERIAL WHICH DIES SHALL BEREPLACED WITH PLANT MATERIAL OF EQUAL ORBETTER VALUE.VICINITY MAPNOT TO SCALEPLANT LEGENDEXISTING RED OAKEXISTING CHINESE PISTACHEEXISTING LIVE OAKEXISTING SWEET GUMEXISTING ARISTROCRAT PEAREXISTING DWARF BURFORD HOLLYEXISTING ASIAN JASMINELANDSCAPE TABULATIONSCITY OF COPPELL, TEXASPROPOSED PD-171R-HC(Per approved landscape plan dated 8/27/98 by MESA)PERIMETER LANDSCAPE1. Street Frontage: 15' landscape buffer with one (1) tree,3" cal., per 50 l.f.2. Perimeter landscape: 10' landscape buffer along propertylines with one (1) tree, 3" cal., per 50 l.f.3. 30" ht. parking lot screen: hedge or berm.COPPELL ROAD - 979.26 l.f.Required Provided15' landscape buffer 15' landscape buffer(20) trees (20) existing trees30" ht. screen 30" ht. existing hedgeSTATE HIGHWAY 121 ACCESS ROAD - 1091.51 l.f.Required Provided15' landscape buffer 15' landscape buffer(22) trees (38) existing trees30" ht. screen 30" ht. existing hedgeCANYON DRIVE - 1164.48 l.f.Required Provided15' landscape buffer 15' landscape buffer(23) trees (23) trees30" ht. screen 30" ht. hedgePERIMETER LANDSCAPE AREARequired Provided60,332 s.f. 60,332 s.f.INTERIOR LANDSCAPERequired Provided71,187 s.f. (10%) 74,824 s.f.- 705 s.f. removed74,119 s.f.(186) trees (151) existing trees- (3) existing trees removed+(76) trees: Ph 1B (224) trees, total(231) islands (152) existing islands+(106) islands: Ph 1B (258) islands, totalOPEN SPACERequirements: 15% of lot not covered by buildings to belandscape open space. One (1) tree per 2500 s.f. of open space.TOTAL LOT AREA: 1,021,132 s.f.TOTAL BUILDING AREA: 100,241 s.f.NET AREA (Exclusive of building): 920,891 s.f.Required Provided138,134 s.f. (15%) 66,313 s.f.(55) trees (73) existing trees+(87) trees: Ph 1B (160) trees, totalSUMMARYTotal trees required: (306) treesTotal trees provided: (465) trees01TREE PROTECTIVE FENCINGNTSEXISTING GRADE TOREMAIN UNDISTURBEDMETAL T-POST ATEACH OF FOUR CORNERSSNOW FENCE, ORANGE VINYLCONSTRUCTION FENCE, ORCHAINLINK FENCEREFER TO PLAN FOREXISTING TREE TO REMAIN4'-0" MIN.3'-0"LIMITS OF DRIPLINETRANSPLANT NOTES1. TREES SHALL HAVE TEN (10") INCHES OF ROOTBALLWIDTH FOR EVERY ONE (1") INCH CALIPER OF TREE.2. TREES SHALL HAVE ONE-FOURTH (1/4) THE HEIGHT OFTHE TREE IN ROOTBALL DEPTH.3. TREES SHALL BE DUG EITHER BY HAND OR BY THE USEOF A TREE SPADE. TREE SPADE SHALL BE A MINIMUMOF 60".4. CONTRACTOR SHALL BE RESPONSIBLE FORMAINTAINING ALL TRANSPLANTED TREES IN THEEVENT THEY ARE UNABLE TO REPLANT THEMIMMEDIATELY AFTER DIGGING. CONTRACTOR SHALLCOORDINATE WITH OTHER TRADES SUCH THATDIGGING AND REPLANTING CAN OCCURSIMULTANEOUSLY.5. IN THE EVENT TRANSPLANTED TREES HAVE TO BEHELD ON SITE, IT SHALL BE THE RESPONSIBILITY OFTHE CONTRACTOR TO MAINTAIN THE TREES IN AHEALTHY AND GROWING CONDITION.6. THE FOLLOWING LIST SHALL BE USED AS GUIDELINESONLY FOR HOLDING OF TREES ON SITE:a. TREES SHALL BE SET ON GRADE WITH THEROOTBALL COMPLETELY COVERED WITH COMPOSTAND MULCH. NO ROOTBALL SHALL BE EXPOSED.b. TREES SHALL BE WIRED AND STAKED SUCH THATTHEY WILL NOT BLOW OVER.c. TREES SHALL BE WATERED DAILY BY HAND OR ATEMPORARY DRIP/TRICKLE IRRIGATION SYSTEMINSTALLED.7. REPLANTING TREES SHALL FOLLOW THE SAMEPLANTING TECHNIQUES AS OUTLINED IN THELANDSCAPE SPECIFICATIONS.
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
May 11, 2010
12/F
✔
ORDINANCE
Consider approval of an Ordinance for Case No. PD-222R5-LI, Duke Lesley Addition - Samsung, Lot 2, Block A, a zoning
change from PD-222R3-LI (Planned Development-222 Revision 3-Light Industrial) to PD-222R5-LI (Planned
Development-222 Revision 5-Light Industrial), to revise the Detail Site Plan to allow additional fencing, two (2) guard
houses, modification of existing parking configuration, a new driveway location and two sets of compactors, with one
set behind a screening wall, 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 at 240 Dividend Drive and authorizing the Mayor to sign.
On April 13, 2010, Council unanimously approved this ZONING CHANGE (6-0).
On March 18, 2010 the Planning Commission unanimously
recommended approval of this ZONING CHANGE (4-0).
Commissioners Frnka, Sangerhausen, Duncan and Kittrell voted in
favor, none opposed.
Staff recommends APPROVAL.
@PD-222R5-LI, DLA-S ORD-1 AR (con)
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-222R3-LI (PLANNED
DEVELOPMENT-222 REVISION 3-LIGHT INDUSTRIAL) TO PD-222R5-
LI (PLANNED DEVELOPMENT-222 REVISION 5-LIGHT
INDUSTRIAL), TO REVISE THE DETAIL SITE PLAN TO ALLOW
ADDITIONAL FENCING, TWO (2) GUARD HOUSES, MODIFICATION
OF THE EXISTING PARKING CONFIGURATION, A NEW DRIVEWAY
LOCATION AND TWO SETS OF COMPACTORS, WITH ONE SET
BEHIND A SCREENING WALL, 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), AND BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND
INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR
THE APPROVAL OF THE DETAIL SITE PLAN AND EXTERIOR
ELEVATION AND DETAILS, ATTACHED HERETO AS EXHIBITS “B
AND C”, RESPECTIVELY; PROVIDING FOR DEVELOPMENT
REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City
of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the
Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing to all
property owners generally, and to all persons interested and situated in the affected area and in the
vicinity thereof, the said governing body is of the opinion that Zoning Application No. PD-222R5-
LI should be approved, and in the exercise of legislative discretion have concluded that the
Comprehensive Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be
and the same is hereby amended by granting a change in zoning from PD-222R3-LI (Planned
Development-222 Revision 3-Light Industrial) to PD-222R5-LI (Planned Development-222
TM 43146.2.4192010 2
Revision 5-Light Industrial), to revise the Detail Site Plan to determine the location and to allow
additional fencing, two (2) security guard houses, modification of the existing parking
configuration, a new driveway location and two sets of compactors as provided herein, and being
more particularly described in Exhibit “A”, attached hereto and made a part hereof for all purposes.
SECTION 2. The property shall be developed and used in accordance with the LI (Light
Industrial) development regulations and standards under the Coppell Zoning Ordinance, except as
amended in the development regulation as set forth, which are as follows:
(A) That the property shall be used and developed in accordance with the Detail Site
Plan attached hereto as Exhibit B.
(B) The elevations of the fences, guardhouses and compactor enclosure shall be as
illustrated in Exhibit “C” which is attached to and made a part of this ordinance.
(C) Except as amended herein and as provided in this Ordinance, the property shall be
developed in accordance with Ordinances 91500-A-462, 91500-A-499 and 91500-
A-536 which are incorporated herein as set forth in full and hereby republished.
(D) The gate on the compactor enclosure, visible from Dividend Drive, shall remain
closed at all times when not in active use. The gates shall be remotely controlled
by the personnel in the guardhouse.
SECTION 3. The property shall be developed and as provided on the Detail Site Plan and
the Exterior Elevations and Details, attached hereto as Exhibits “B” and “C”, respectively, and
which are made a part hereof for all purposes, which are hereby approved as development
regulations.
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore
amended and as amended herein.
SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
TM 43146.2.4192010 3
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.
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
___________________, 2010.
APPROVED:
_____________________________________
JAYNE PETERS, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb Reviewed & Revised)
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-222R3-LI (PLANNED
DEVELOPMENT-222 REVISION 3-LIGHT INDUSTRIAL) TO PD-222R5-
LI (PLANNED DEVELOPMENT-222 REVISION 5-LIGHT
INDUSTRIAL), TO REVISE THE DETAIL SITE PLAN TO ALLOW
ADDITIONAL FENCING, TWO (2) GUARD HOUSES, MODIFICATION
OF EXISTING PARKING CONFIGURATION, A NEW DRIVEWAY
LOCATION AND TWO SETS OF COMPACTORS, WITH ONE SET
BEHIND A SCREENING WALL, 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), AND BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND
INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING FOR
THE APPROVAL OF THE DETAIL SITE PLAN AND EXTERIOR
ELEVATION AND DETAILS, ATTACHED HERETO AS EXHIBITS “B
AND C”, RESPECTIVELY; PROVIDING FOR DEVELOPMENT
REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
_______ day of ___________________, 2010
APPROVED:
_____________________________________
JAYNE PETERS, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
PLANNING
May 11, 2010
12/G
✔
ORDINANCE
Consider approval of an Ordinance for Case No. S-1251-SF-12, St. Andrews Estates, Lot 5, Block 1, a zoning change
from SF-12 (Single Family-12) to S-1251-SF-12 (Special Use Permit-1251-Single Family-12), to allow stucco finish in lieu of
80% masonry for the residence proposed to be constructed on approximately 0.33 of an acre of property located at
620 Inglenook Court and authorizing the Mayor to sign.
On April 13, 2010. Council unanimously approved this ZONING CHANGE (6-0).
On March 18, 2010, the Planning Commission unanimously
recommended approval of this ZONING CHANGE (4-0).
Commissioners Frnka, Sangerhausen, Duncan and Kittrell voted in
favor, none opposed.
On February 18, 2010, the Planning Commission left open and
continued the public hearing to the March 18, 2010, meeting to
address Commission's concerns (6-0).
Staff recommends APPROVAL.
@S-1251-SF-12 SAE ORD-1 AR (con)
1 TM 43148.2.4192010
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP
OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM SF-12 (SINGLE FAMILY-
12) TO S-1251-SF-12 (SPECIAL USE PERMIT-1251-SINGLE FAMILY-
12), TO ALLOW STUCCO FINISH IN LIEU OF 80% MASONRY FOR THE
RESIDENCE PROPOSED TO BE CONSTRUCTED ON LOT 5, BLOCK 1,
ST ANDREWS ESTATES, PROPERTY KNOWN AS 620 INGLENOOK
COURT,; PROVIDING FOR THE APPROVAL OF THE SITE
PLAN/FLOOR PLAN AND ELEVATIONS ATTACHED HERETO AS
EXHIBITS “A” AND “B”, PROVIDING FOR SPECIAL CONDITIONS;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY
OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City
of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the
Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing to all
property owners generally, and to all persons interested and situated in the affected area and in the
vicinity thereof, the said governing body is of the opinion that Zoning Application No. S-1251-SF-
12 should be approved, and in the exercise of legislative discretion have concluded that the
Comprehensive Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be
and the same is hereby amended to grant a change in zoning from SF-12 (Single Family-12) to S-
1251-SF-12 (Special Use Permit-1251-Single Family-12), grant a special use permit to allow
stucco finish in lieu of 80% masonry for the residence constructed on Lot 5, Block 1, St Andrews
Estates, property known as 620 Inglenook Court, subject to special conditions.
2 TM 43148.2.4192010
SECTION 2. That Special Use Permit-1251, is hereby approved to permit such
construction subject to the following special conditions:
A. In no event shall any structure be constructed with exterior insulation and
finish system (EIFS) or any other fiberglass based building material.
B. Stucco exterior shall be limited to earth-tone colors.
C. Stucco shall mean a continuous plaster or mortar exterior veneer, finished by
hand troweling over wire lath.
D. Except as amended herein, the property shall be developed and used in
accordance with the Single Family-12 district regulations as defined in Chapter
12, Zoning of the Coppell Code of Ordinances.
SECTION 3. That the property shall be developed in accordance with the site plan/floor
plan and elevations attached hereto as Exhibits “A” and “B”, and made a part hereof for all
purposes, are hereby approved.
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore
amended, and as amended herein.
SECTION 5. That the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances except as may be
specifically altered or amended herein.
SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so
3 TM 43148.2.4192010
decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION 8. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 9. That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by
a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and
every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 10. That this ordinance shall take effect immediately from and after its passage
and the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2010.
APPROVED:
_____________________________________
JAYNE PETERS, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb [reviewed only] 5/1/09)
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
May 11, 2010
12/H
✔
ORDINANCE
Consider approval of an Ordinance for Case No. S-1252-SF-12, St. Andrews Estates, Lot 19R, Block 1, a zoning change
from SF-12 (Single Family-12) to S-1252-SF-12 (Special Use Permit-1252-Single Family-12), to allow 100% stucco finish in
lieu of 80% masonry for the residence proposed to be constructed on approximately 0.6 of an acre of property
located at 617 Inglenook Court and authorizing the Mayor to sign.
On April 13, 2010, Council unanimously approved this ZONING CHANGE (6-0).
On March 18, 2010 the Planning Commission unanimously
recommended approval of this ZONING CHANGE (4-0).
Commissioners Frnka, Sangerhausen, Duncan and Kittrell voted in
favor, none opposed.
Staff recommends APPROVAL.
@S-1252-SF-12, SAE ORD-1 AR (con)
1
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP
OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM SF-12 (SINGLE FAMILY-
12) TO S-1252-SF-12 (SPECIAL USE PERMIT-1252-SINGLE FAMILY-
12), TO ALLOW 100% STUCCO FINISH IN LIEU OF 80% MASONRY
FOR THE RESIDENCE PROPOSED TO BE CONSTRUCTED ON LOT
19R, BLOCK 1, ST ANDREWS ESTATES, PROPERTY KNOWN AS 617
INGLENOOK COURT,; PROVIDING FOR THE APPROVAL OF THE
SITE PLAN/FLOOR PLAN AND ELEVATIONS ATTACHED HERETO AS
EXHIBITS “A” AND “B”, PROVIDING FOR SPECIAL CONDITIONS;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY
OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City
of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the
Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing to all
property owners generally, and to all persons interested and situated in the affected area and in the
vicinity thereof, the said governing body is of the opinion that Zoning Application No. S-1252-SF-
12 should be approved, and in the exercise of legislative discretion have concluded that the
Comprehensive Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be
and the same is hereby amended to grant a change in zoning from SF-12 (Single Family-12) to S-
1252-SF-12 (Special Use Permit-1252-Single Family-12), granting a special use permit to allow
100% stucco finish in lieu of 80% masonry for the residence constructed on Lot 19R, Block 1, St
Andrews Estates, property known as 617 Inglenook Court, subject to special conditions.
2 TM 43147.2.4192010
SECTION 2. That Special Use Permit-1252, is hereby approved subject to the following
special conditions:
A. Except as amended herein, the property shall be developed and used in
accordance with the Single Family-12 district regulations as defined in Chapter
12, Zoning of the Coppell Code of Ordinances.
B. Stucco exterior shall be limited to earth-tone colors.
C. Stucco shall mean a continuous plaster or mortar exterior veneer, finished by
hand troweling over wire lath.
D. In no event shall any structure be constructed with exterior insulation and
finish system (EIFS) or any other fiberglass based building material.
SECTION 3. That the property shall be developed in accordance with the site plan/floor
plan and elevations attached hereto as Exhibits “A” and “B”, and made a part hereof for all
purposes, are hereby approved.
SECTION 4. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore
amended, and as amended herein.
SECTION 5. That the development of the property herein shall be in accordance with
building regulations, zoning ordinances, and any applicable ordinances except as may be
specifically altered or amended herein.
SECTION 6. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 7. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so
3 TM 43147.2.4192010
decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION 8. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 9. That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by
a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and
every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 10. That this ordinance shall take effect immediately from and after its passage
and the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2010.
APPROVED:
_____________________________________
JAYNE PETERS, MAYOR
ATTEST:
_____________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb)
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
May 11, 2010
12/I
✔
ORDINANCE
Consider approval of an Ordinance amending Chapter 12, of the Zoning Ordinance No. 91500, by amending Articles
20, 21, 22, 23, 24, and 27, by adding Sections 12-20-7, 12-21-7, 12-22-7, 12-23-7, 12-24-7 and 12-27-7, to regulate Outside
Storage and Display in the respective zoning districts; by amending Article 42 – Special Definitions by repealing and
replacing the definition of Outside Storage & Display, Retail Stores & Shops and authorizing the Mayor to sign.
At the April 27, 2010, Council Work Session, this text amendment to the Outside Storage & Display Ordinance was
discussed and the attached ordinance is being brought forward for adoption.
On September 8, 2009, City Council unanimously approved this text amendment to the Code of Ordinances, Chapter
12 - Zoning Section 12-42-1, “Special Definitions,” to revise the existing definition of “Outside Storage and Display--Retail
Stores" (7-0).
On August 20, 2009, the Planning Commission unanimously
recommended approval of this text amendment (6-0). Commissioners
Jett, Shute, Haas, Sangerhausen, Kittrell and Shipley voted in favor,
none opposed, with additional provisions that those items stored
outside shall not be visible from the public right-of-way, and canopies
over drive-thru areas for fuel stations, banks, etc., are not considered
part of the building footprint.
Staff recommends APPROVAL.
@TA,Outside Storage ORD-1 AR (con)
1
TM 39199.2.091609
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE CODE OF ORDINANCES BY AMENDING CHAPTER 12, THE
ZONING ORDINANCE NO. 91500, BY AMENDING ARTICLES 20, 21,
22, 23, 24, AND 27, RESPECTIVELY, BY ADDING SECTIONS 12-20-7,
12-21-7, 12-22-7, 12-23-7, 12-24-7 AND 12-27-7, RESPECTIVELY, TO
PROHIBIT OUTSIDE STORAGE AND DISPLAY IN THE
RESPECTIVE ZONING DISTRICTS; BY AMENDING ARTICLE 42 –
SPECIAL DEFINITIONS BY REPEALING AND REPLACING THE
DEFINITION OF AWNING AND OF OUTSIDE STORAGE &
DISPLAY, RETAIL STORES & SHOPS AND BY ADDING A
DEFINITION FOR CANOPY, GARDEN CENTER AND FOR
SCREENED FROM VIEW OF AN ADJACENT PUBLIC STREET;
PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR A PENALTY CLAUSE OF A FINE NOT TO
EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH
OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That the Code of Ordinances be, and the same is, hereby amended by
amending Chapter 12, Zoning, by amending Articles 20, 21, 22, 23, 24, and 27, respectively,
by adding Sections 12-20-7, 12-21-7, 12-22-7, 12-23-7, 12-24-7 and 12-27-7, respectively,
to prohibit outside storage and display in the respective zoning districts, which shall read as
follows:
“ARTICLE 20. “O” OFFICE DISTRICT REGULATIONS
. . . . .
Sec. 12-20-7. Outside storage and display.
No owner, occupant or operator shall cause, permit, suffer or allow outside
storage and/or display of goods and/or services as defined in this chapter, unless
screened from public view from an adjacent street, except for the incidental or
2
TM 39199.2.091609
secondary use as a garden center or conducting a special event permitted under
Article 6-5 of the Code of Ordinances.
ARTICLE 21. “R” RETAIL DISTRICT
. . . . .
Sec. 12-21-7. Outside storage and display.
No owner, occupant or operator shall cause, permit, suffer or allow outside
storage and/or display of goods and/or services as defined in this chapter, unless
screened from public view from an adjacent street, except for the incidental or
secondary use as a garden center or conducting a special event permitted under
Article 6-5 of the Code of Ordinances.
ARTICLE 22. “HC” HIGHWAY COMMERCIAL DISTRICT
REGULATIONS
. . . . .
Sec. 12-22-7. Outside storage and display.
No owner, occupant or operator shall cause, permit, suffer or allow outside
storage and/or display of goods and/or services as defined in this chapter, unless
screened from public view from an adjacent street, except for the incidental or
secondary use as a garden center or conducting a special event permitted under
Article 6-5 of the Code of Ordinances.
ARTICLE 23. “C” COMMERCIAL DISTRICT REGULATIONS
. . . . .
Sec. 12-23-7. Outside storage and display.
No owner, occupant or operator shall cause, permit, suffer or allow outside
storage and/or display of goods and/or services as defined in this chapter, unless
screened from public view from an adjacent street, except for the incidental or
secondary use as a garden center or conducting a special event permitted under
Article 6-5 of the Code of Ordinances.
ARTICLE 24. “TC” TOWN CENTER DISTRICT
. . . . .
Sec. 12-24-7. Outside storage and display.
3
TM 39199.2.091609
No owner, occupant or operator shall cause, permit, suffer or allow outside
storage and/or display of goods and/or services as defined in this chapter, unless
screened from public view from an adjacent street, except for the incidental or
secondary use as a garden center or conducting a special event permitted under
Article 6-5 of the Code of Ordinances.
. . . . .”
SECTION 2. That the Code of Ordinances be, and the same is, hereby amended by amending
Chapter 12, Zoning, by amending Article 42 – Special Definitions by repealing and replacing the
definition of awning and outside storage & display, retail stores & shops, and by adding a definition
for canopy and screened from view from an adjacent public street, which shall read as follows:
“ARTICLE 42. SPECIAL DEFINITIONS
. . . . .
Awning: A shelter supported entirely from the exterior wall of a building; a
temporary or permanent non-loadbearing projection from an exterior wall of a
building designed to provide shade or protection from elements, having a pitched
surface which may not be used for any other purpose. A rooflike structure of fabric
stretched over a rigid frame projecting from the elevation of a building designed to
provide continuous overhead weather protection.
. . . . .
Building Residential: . . .
Canopy: A roofed structure constructed of metal, wood or any other solid
material supported by the building or by support extending to the ground directly
under the canopy [and] placed so as to extend outward from the building providing a
protective shield from doors, windows, and other openings.
. . . . .
Garage, public: . . . . .
Garden Center: The growing, displaying, and/or wholesale or retail sale or
handling of plants, shrubs, trees, soils and related materials conducted within or
without an enclosed building.
. . . . .
4
TM 39199.2.091609
Outside storage and display – Retail stores and shops shall mean the display or
offer of all types of consumer goods for sale in the open, outside a building footprint
and under a roofline canopy of such building footprint, of groceries, packaged
beverages, consumer goods, new or used automobiles, heavy machinery, building
materials, used appliances, furniture, vending machines or salvage materials typically
not in a fixed position and capable of rearrangement, designed and used for the
purposes of advertising or identifying a business, product, or service. For the purpose
of this section, the definition of canopy does include any such structure extending
outside the building footprint into an area used for motor vehicle traffic. (See Fig. 42-
1 for graphic explanation of this Ordinance).
Figure 42-1
Public Street
Building
Canopy
Awning
Screen
Wall
Not Allowed
Allowed
Fire Lane
Building Footprint
Public
Street
5
TM 39199.2.091609
. . . . .
School: . . . . .
Screened from view from an adjacent public street: A permanent structure of
sufficient height to screen material and which in no event extends higher than the
exterior wall of the primary building and constructed of the same or similar color and
material as the primary building.
. . . . .”
SECTION 3. That all ordinances and 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 4. That should any word, phrase, paragraph, section or portion of this
ordinance, or of the Ordinances, as amended hereby, be held to be void or unconstitutional, the
same shall not affect the validity of the remaining portions of said ordinance or of the Ordinances,
as amended hereby, which shall remain in full force and effect.
SECTION 5. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Ordinances, as amended, in effect when the offense was
committed and the former law is continued in effect for this purpose.
SECTION 6. That any person, firm or corporation violating any of the provisions of this
ordinance or of the ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and,
upon conviction in the municipal court of the City of Coppell, Texas, shall be subject to a fine not to
exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day said
violation is continued shall constitute a separate offense.
6
TM 39199.2.091609
SECTION 7. That this ordinance shall become effective immediately from and after its
passage and publication of the caption as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _____ day of
__________, 2010.
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:
PLANNING
May 11, 2010
12/J
✔
ORDINANCE
Consider approval of an Ordinance for a text amendment to the Chapter 12, Zoning, Article 33 - Screening Standards,
Section 1, Location of Required Screening, by repealing and replacing Subsection 6, Refuse Storage Areas, in Its
entirety; by moving the provisions currently provided in Subsection 6(A) and 6(B) to a new Subsection 7(A) and 7(B), to
provide for screening of Ground and Wall Mounted Mechanical and Utility Equipment and Roof-Mounted Utility and
Mechanical Equipment; and by moving the current Subsection 7 to Subsection 9 to provide for screening in
subdivisions wherein the rear yards of Single-Family, Two-Family, or Townhouse Residential Lots is adjacent to
dedicated roadway or separated from a roadway by an alley or service road and authorizing the Mayor to sign.
On April 13, 2010, Council unanimously approved this TEXT AMENDMENT (6-0) to read as follows:
" 6. Refuse storage areas for all uses other than single-family, duplex and townhome dwellings shall be visually
screened by a six foot high solid masonry enclosure on all sides except the side used for refuse pickup service, which
shall have gates of solid screening material. These gates shall remain closed at all times when not in active use."
As reflected in the caption above, to codify this correctly, the City Attorney proposed the renumbering of several
subsections. However, this does not alter the verbiage of the existing provisions.
On March 18, 2010 the Planning Commission unanimously
recommended approval of a text amendment to revise Sec. 12-33-1.6
of the Code of Ordinances - CH 12, Zoning, SCREENING STANDARDS
(4-0). Commissioners Frnka, Sangerhausen, Duncan and Kittrell voted
in favor, none opposed.
Staff recommends APPROVAL.
@TA,Scrn Stds, SEC1.6 ORD-1 AR (con)
1
TM 43153.2.42010
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE CODE OF ORDINANCES BY AMENDING CHAPTER 12, ZONING,
ARTICLE 33. SCREENING STANDARDS, SECTION 1. LOCATION OF
REQUIRED SCREENING, BY REPEALING AND REPLACING SUBSECTION
6, REFUSE STORAGE AREAS, IN ITS ENTIRETY; BY MOVING THE
PROVISIONS CURRENTLY PROVIDED IN SUBSECTION 6(A) AND 6(B) TO A
NEW SUBSECTION 7(A) AND 7(B) TO PROVIDE FOR SCREENING OF
GROUND AND WALL MOUNTED MECHANICAL AND UTILITY
EQUIPMENT AND ROOF-MOUNTED UTILITY AND MECHANICAL
EQUIPMENT; AND BY MOVING THE CURRENT SUBSECTION 7 TO
SUBSECTION 9 TO PROVIDE FOR SCREENING IN SUBDIVISIONS
WHEREIN THE REAR YARDS OF SINGLE-FAMILY, TWO-FAMILY, OR
TOWNHOUSE RESIDENTIAL LOTS IS ADJACENT TO DEDICATED
ROADWAY OR SEPARATED FROM A ROADWAY BY AN ALLEY OR
SERVICE ROAD; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR A PENALTY CLAUSE OF A FINE NOT TO EXCEED TWO THOUSAND
DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That Ordinance No. 91500 of the City of Coppell, Texas as heretofore
amended be and the same is hereby amended by amending Article 33. Screening Standards,
Section 1. Location of required screening, as provided herein, which shall read as follows:
“Section 12-33-1. Location of required screening.
. . . . .
6. Refuse storage areas for all uses other than single-family, duplex and
townhome dwellings shall be visually screened by a six foot high solid masonry
enclosure on all sides except the side used for refuse pickup service, which shall have
gates of solid screening material. These gates shall remain closed at all times when not
in active use.
7. Ground and Wall Mounted and Roof-Mounted Mechanical and Utility
Equipment
(A) All ground and wall mounted mechanical and utility equipment including,
but not limited to, air conditioning units, generators, and transformers
2
TM 43153.2.42010
shall be visually screened by a solid screening wall at a minimum height
so as to provide visual screening of such equipment from adjacent
properties and public rights-of-way. Installation of evergreen landscaping
material, as deemed acceptable to the director of planning, may be
substituted in lieu of the screen wall, under circumstances where the
topography, zoning and use of such property would promote the general
health, safety, and welfare of the community.
(B) All roof-mounted utility and mechanical equipment including, but not
limited to, fans, vents, air conditioning units, cooling towers, and satellite
dishes, shall be screened so as not to be visible at ground level from the
adjacent properties and/or public rights of ways, that complies with fire
code requirements. In general, the screening of roof mounted utility and
mechanical equipment shall be provided by a parapet wall, unless
otherwise permitted by the city council.
i. Overall screening height shall be the height of the highest element
of roof -mounted equipment.
ii. The outside of the screening device, if independent of the building
façade, shall be painted or otherwise finished in a color similar to
the building façade, trim, or roof surface, whichever color is more
effective in minimizing the visibility of the equipment and screen
from public rights-of-way and/or adjacent properties.
8. The city council may waiver or modify . . . . .
. . . . .
9. Where subdivisions are platted so that the rear yards of single-family, two-
family, or townhouse residential lots are adjacent to a dedicated roadway, or separated
from a roadway by an alley or service road, the developer shall provide, at his sole
expense, screening that conforms to section 12-33-1.8.”
SECTION 2. That all ordinances and 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 3. That should any word, phrase, paragraph, section or portion of this ordinance, or
of the Ordinances, as amended hereby, be held to be void or unconstitutional, the same shall not affect
the validity of the remaining portions of said ordinance or of the Ordinances, as amended hereby, which
shall remain in full force and effect.
3
TM 43153.2.42010
SECTION 4. An offense committed before the effective date of this ordinance is governed by
prior law and the provisions of the Ordinances, as amended, in effect when the offense was committed
and the former law is continued in effect for this purpose.
SECTION 5. That any person, firm or corporation violating any of the provisions of this
ordinance or of the ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon
conviction in the municipal court of the City of Coppell, Texas, shall be subject to a fine not to exceed
the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day said violation is
continued shall constitute a separate offense.
SECTION 6. That this ordinance shall become effective immediately from and after its passage
and publication of the caption as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _____ day of
__________, 2010.
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:
Parks and Recreation
May 11, 2010
13
✔
CONTRACT/BID or PROPOSAL
Consider approval of awarding Bid No. Q-0410-04 to Schmoldt Construction, in the amount of $1,239,790.00, for the
Coppell Tennis Center improvements; and authorizing the President of the CRDC and the City Manager to sign.
See attached memo
Funds are available from the CRDC sales tax.
Staff recommends approval.
^Tennis Center - 1AR
PARKS AND RECREATION DEPARTMENT
Memorandum
TO: Mayor and City Council
VIA: Brad Reid, Director of Parks and Recreation
FROM: Ester P Moreno, Recreation Services Manager
DATE: May 11, 2010
SUBJECT: Consider approval of awarding Bid No. Q-0410-04 to Schmoldt
Construction, in the amount of $1,239,790.00, for the Coppell Tennis Center
Improvements; and authorizing the President of the CRDC and the City
Manager to sign the resulting documents.
Bid No. Q-0410-04, Coppell Tennis Center Improvements, was opened on April 20, 2010. It
allows for improvements which includes the addition of four regular-size and three half-size
tennis courts, a 1,133-square-foot expansion to the existing 1,084-square-foot pro shop to include
tennis equipment sales, two 288-square-foot bleacher shade canopies, a 96 square-foot storage
building, a 600-square-foot pavilion and additional walkways on 7.5 acres of property located at
950 Creekview Drive. Included in the bid were add Alternate #1, Court Repair and Resurface;
Alternate #2, 4” Post Tensioned Slab Overlay; Alternate #3, Metal Roof Replacement;
Alternate #4, Fiber Optic Connection. Nine bids were received. The bid tabulation is attached.
Both alternates #1 and #2 address the need for some type of repair work to take place on courts 7
and 8. Staff recommends choosing Add Alternate #2 over Add Alternate #1. Add Alternate #2
includes a 4" thick court surface overlay, new surfacing, and striping at courts 7 and 8. Add
Alternate #1 only provides for repair and sealing the existing cracks and depressions, at the same
two courts. Choosing Add Alternate #2 provides a superior repair option that will essentially
create a new court, and the total bid will still be within available funding for this project.
Add Alternate #4, Fiber Optic Connection, will vastly improve the way the Tennis Center is
connected to the city network. The Cemetery is connected to the City network via fiber from
Verizon. The City uses a technology that allows it to "tunnel through" the Internet so that the
Cemetery is connected to Town Center using the lines already in place in the Internet. The
Tennis Center uses a wireless connection to the water tower, and then that is connected to Town
Center with yet another wireless connection. So, the Tennis Center is wireless to the tower, then
wireless to Town Center which greatly slows down the speed of service. What Alternate #4 will
allow is for fiber to be run from the Tennis Center to the Cemetery, plugged into the same
equipment the Cemetery is using, similar to using “a long extension cord”. The wireless would
stay in place as a backup in case something was to accidentally cut the fiber, or if there was a
problem on Verizon's network.
Schmoldt Construction provided the lowest and most responsible bid on the entire project, which
included the base bid and the alternates #2, #3 and #4. They received satisfactory references
from the client list they provided.
Staff recommends this bid be awarded to Schmoldt Construction in the amount of $1,239,790.00
to include Add Alternates #2-4.
PROJECT: Coppell Tennis Center ImprovementsLOCATION: Coppell City HallBID LOCATION: 255 Parkway Boulevard, Coppell, Texas 75019BID DATE/TIME: April 20, 2010, 2:00 P.M.1234Bidder's NameBid Bond, Insurance, etc.Add. No. 1ReceivedAdd. No. 2ReceivedAdd. No. 3ReceivedTotal Base BidCourt Repair and Resurface4" Post Tensioned Slab OverlayMetal Roof ReplacementFiber Optic ConnectionTOTAL1.Schmoldt Construction√1,127,383$ 15,688$ 44,037$ 23,850$ 44,520$ 1,255,478$ 2.Resource Comm., Inc No 1,175,933$ 9,200$ 54,902$ 12,420$ 37,380$ 1,289,835$ 3.JC Commercial1,200,777$ 9,000$ 47,000$ 12,000$ 46,000$ 1,314,777$ 4.Workman Commercial1,249,000$ 8,750$ 68,500$ 15,000$ 37,000$ 1,378,250$ 5.JDC Construction1,312,000$ 9,000$ 95,000$ 14,000$ 47,000$ 1,477,000$ 6.Fain Group1,352,785$ 8,510$ 69,318$ 35,523$ 27,499$ 1,493,635$ 7.Dean Electic1,361,703$ 8,500$ 68,600$ 16,888$ 47,300$ 1,502,991$ 8MDI 1,363,800$ 10,000$ 80,000$ 15,000$ 63,000$ 1,531,800$ 9.DMG Commercial Const. Services1,507,252$ 16,650$ 99,800$ 13,300$ 66,000$ 1,703,002$ 10-$ BID TABULATION FORM Add Alternate Items
Proposed Wagon Wheel
Tennis Center Improvements.
City of Coppell, Texas
Created in LDDT
1 INCH = 1 MILE
0 11/2
S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2010.dwg\TENNIS CTR
Created on: 3 May 2010 by Scott Latta 1/2
1 INCH = FT.
0 100
100
50
Proposed Wagon Wheel
Tennis Center Improvements.
City of Coppell, Texas
Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\TENNIS CTR
Created on: 3 May 2010 by Scott Latta 2/2
PROPOSED IMPROVEMENTS
COPPELL TENNIS CENTERIMPROVEMENTSCITY OF COPPELL, TXSITE PLANSP-1
GENERAL SITE DATA
BUILDING
KIMLEY-HORN AND ASSOCIATES
2201 West Royal Lane, Suite 275, Irving, Texas 75063
Phone:(214) 420-5600 Fax:(214) 420-5680
CITY OF COPPELL PARKS AND
RECREATION
255 PARKWAY BLVD., COPPELL, TX 75019
Phone:(972) 462-5100 FAX: (972) 462-5149
OWNER / APPLICANT ENGINEER / LANDSCAPE ARCHITECT
PARKING
Elevations and Details
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WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Parks and Recreation
May 11, 2010
14
✔
CONTRACT/BID or PROPOSAL
Consider approval of an Amendment to the Professional Services Agreement with Brinkley Sargent Architects to
change the scope of project and civil engineering services related to the improvements of the Aquatics and
Recreation Center, in the amount of $178,508.00, and authorizing the President of the CRDC and the City Manager to
sign.
See attached memo
Funds are available from the CRDC sales tax.
Staff recommends approval
^Brinkley - 1AR
PARKS AND RECREATION DEPARTMENT
CITY COUNCIL AGENDA ITEM
Date: May 11, 2010
To: Mayor and City Council
From: Brad Reid, Director
Re: Consider approval of an Amendment to the Professional Services Agreement with
Brinkley Sargent Architects to change the scope of project and civil engineering services
related to the improvements of the Aquatics and Recreation Center, in the amount of
$178,508.00, and authorizing the President of the CRDC and the City Manager to sign.
Background:
This modification, in the amount of $178,508.00, authorizes additional expenses for the
architectural and engineering services related to the increased scope and budget for the
expansion of the Coppell Aquatics and Recreation Center. Recall that the City Council
agreed to increase the construction budget, while adding the second story to the
expansion. The construction budget increased from approximately $3,280,000, to
approximately $5,029,000. The increase in the budget amount leads to an increase in the
Professional Services Agreement for Architectural and Engineering services.
The civil engineering was omitted from the original agreement because the scope of the
project was not known at the time the agreement was approved. Because the decision has
been made to add the second floor, the engineer can now offer a firm number for the civil
engineering services. This modification is not at all unexpected, and will not increase the
total project budget, which is currently estimated at approximately $6,700,000.00. Please
note that the amount of the contract for the city’s Contract Administrator, who will be
hired to manage the project for the city, has not been included in the above project
budget.
Also included in this Amendment is a reduction of $7,000.00 in the amount authorized
for reimbursable expenses for the architectural services. This is done as a result of an
anticipated reduction in services due to utilizing a Construction Manager at Risk form of
construction.
City Council Action requested:
Consider approval of an Amendment to the Professional Services Agreement with
Brinkley Sargent Architects for expanded scope of project and civil engineering services
related to the expansion of the Aquatics and Recreation Center
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:
Engineering
May 11, 2010
15
✔
RESOLUTION
Consider approval of a Resolution of the City of Coppell, Texas approving the terms and conditions of the Advance
Funding Agreement for project using funds held in the State Highway 121 subaccount between the State of Texas,
acting by and through the Texas Department of Transportation and the City of Coppell, which is attached hereto and
incorporated herein as Exhibit A; authorizing the Mayor to execute such agreement subject to the approval of the City
Attorney; and providing an effective date.
Approval of the advanced funding agreement for projects using funds held in the State Highway 121 sub account, will
allow the City of Coppell to move forward with acquiring right-of-way, completing the design, and authorizing the
construction of Freeport Pkwy.
Staff recommends approval of the Resolution.
#Advanced Funding Agreement
MEMORANDUM
TO: Mayor and City Council
FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
DATE: May 11, 2010
REF: Consider approval of a Resolution of the City of Coppell, Texas approving
the terms and conditions of the Advance Funding Agreement for project
using funds held in the State Highway 121 subaccount between the State of
Texas, acting by and through the Texas Department of Transportation and
the City of Coppell, which is attached hereto and incorporated herein as
Exhibit A; authorizing the Mayor to execute such agreement subject to the
approval of the City Attorney; and providing an effective date.
The journey is near completion. From the records in our file, it seems that the journey began on
July 11, 1989 when the City Council entered into a professional services agreement with
Kimberly Horn and Associates, Inc. to review, analyze and make recommendations on the
proposed State Hwy 121 design. The project languished for years until Denton County took a
proactive role in expediting the construction of State Hwy 121. There were standing meetings
with representatives of Denton County all through the late ‘90s trying to develop scenarios where
the construction of State Hwy 121 could be expedited.
On September 17, 1999, the City Council approved a Resolution supporting the use of funds
from the State Infrastructure Bank to expedite the construction of State Hwy 121. As part of the
terms to utilize the State Infrastructure Bank, there was a need to commit a minimum of
$10,000,000 to the construction of State Hwy 121. Representatives of Denton County then
worked with Lewisville, Carrollton, the Colony, Grapevine, and the City of Coppell to obtain a
commitment of $10,000,000. Therefore, the City of Coppell committed to provide $2,060,000,
as our portion and share of the $10,000,000 to be collected to expedite the construction of State
Hwy 121.
However, at about the same time, the State of Texas was taking a different approach to major
highways whereby each highway was considered for its potential to operate as a toll road in lieu
of a freeway. The analysis performed showed that State Hwy 121 could fully fund itself for
construction and maintenance as a toll road. Therefore, the North Central Texas Council of
Governments (NCTCOG) began working with the five cities adjacent to State Hwy 121 to obtain
our support for the conversion of State Hwy 121 to a toll road.
1
On September 14, 2004, City Council approved a memorandum of understanding supporting the
conversion of State Hwy 121 from a freeway to a toll road. As part of that memorandum of
MEMORANDUM
TO: Mayor and City Council
FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
DATE: May 11, 2010
REF: Consider approval of a Resolution of the City of Coppell, Texas approving
the terms and conditions of the Advance Funding Agreement for project
using funds held in the State Highway 121 subaccount between the State of
Texas, acting by and through the Texas Department of Transportation and
the City of Coppell, which is attached hereto and incorporated herein as
Exhibit A; authorizing the Mayor to execute such agreement subject to the
approval of the City Attorney; and providing an effective date.
The journey is near completion. From the records in our file, it seems that the journey began on
July 11, 1989 when the City Council entered into a professional services agreement with
Kimberly Horn and Associates, Inc. to review, analyze and make recommendations on the
proposed State Hwy 121 design. The project languished for years until Denton County took a
proactive role in expediting the construction of State Hwy 121. There were standing meetings
with representatives of Denton County all through the late ‘90s trying to develop scenarios where
the construction of State Hwy 121 could be expedited.
On September 17, 1999, the City Council approved a Resolution supporting the use of funds
from the State Infrastructure Bank to expedite the construction of State Hwy 121. As part of the
terms to utilize the State Infrastructure Bank, there was a need to commit a minimum of
$10,000,000 to the construction of State Hwy 121. Representatives of Denton County then
worked with Lewisville, Carrollton, the Colony, Grapevine, and the City of Coppell to obtain a
commitment of $10,000,000. Therefore, the City of Coppell committed to provide $2,060,000,
as our portion and share of the $10,000,000 to be collected to expedite the construction of State
Hwy 121.
However, at about the same time, the State of Texas was taking a different approach to major
highways whereby each highway was considered for its potential to operate as a toll road in lieu
of a freeway. The analysis performed showed that State Hwy 121 could fully fund itself for
construction and maintenance as a toll road. Therefore, the North Central Texas Council of
Governments (NCTCOG) began working with the five cities adjacent to State Hwy 121 to obtain
our support for the conversion of State Hwy 121 to a toll road.
1
On September 14, 2004, City Council approved a memorandum of understanding supporting the
conversion of State Hwy 121 from a freeway to a toll road. As part of that memorandum of
2
understanding, NCTCOG worked with all five cities to offer funds for road construction of
projects near or adjacent to State Hwy 121. This commitment of funds was an acknowledgment
of the five cities and Denton County’s hard work of supporting the expediting of State Hwy 121
construction by the commitment of $10,000,000.
There were four things in the memorandum of understanding that impacted the City of Coppell.
Two of them dealt with 80% funding on Freeport Pkwy from State Hwy 121 to Ruby Road. The
next was a commitment from TXDOT to expedite the construction of the funnel project. And
the last was, assurances that a north bound exit ramp off State Hwy 121 would be provided to
serve Sandy Lake Road.
Money was then committed to construct Freeport Pkwy. The only down side was that it was
Federal dollars. Immediately, the City began working with the NCTCOG to “de-federalize” the
funding. This would allow the project to be designed using city details and standards, and would
also eliminate some of the onerous federal guidelines associated with construction.
On November 12, 2007, City Council approved a memorandum of understanding between the
City of Coppell, North Central Texas Council of Governments, and the Texas Department of
Transportation to allow for the de-federalization of funding. The original amount committed to
the construction of Freeport Pkwy was $7,008,000.
On September 25, 2007, City Council took action to request a refund of all money the City of
Coppell had previously paid as our share of the 10 million dollars for the expedited construction
of State Hwy 121. At the time, the City has only paid in $1,200,000, as we were making yearly
payments of $400,000. The $1,200,000 has since been refunded to the City of Coppell.
On May 27, 2008, the City Council approved an Advanced Funding Agreement with the State of
Texas to obtain the funding associated with the construction of Freeport Pkwy. By this time, the
funding has increased to $9,194,886.
After the actual funding mechanism was questioned, there was much, much, much more
discussion resulting in the City of Coppell receiving a new Advanced Funding Agreement. The
new agreement is a template agreed upon by NCTCOG, TXDOT, and various cities concerning
disbursement of funds of this type.
Since the approval of the last funding agreement, construction costs have been modified for
Freeport Pkwy and the new funding agreement is committing $10,816,000 for the construction of
Freeport Pkwy from State Hwy 121 to Ruby Road.
While the journey has been long, slow, tedious, and at time hopeless, it does now seem that the
end is in sight. Approval of the Advanced Funding Agreement for projects using funds held in
the State Hwy 121 sub account will allow the City of Coppell to move forward with acquiring
right-of-way, completing the design, and authorizing the construction of Freeport Pkwy.
Staff recommends approval of the resolution and authorizing the Mayor to sign the Advanced
Funding Agreement. Staff will be available at the Council meeting to answer any questions.
2
understanding, NCTCOG worked with all five cities to offer funds for road construction of
projects near or adjacent to State Hwy 121. This commitment of funds was an acknowledgment
of the five cities and Denton County’s hard work of supporting the expediting of State Hwy 121
construction by the commitment of $10,000,000.
There were four things in the memorandum of understanding that impacted the City of Coppell.
Two of them dealt with 80% funding on Freeport Pkwy from State Hwy 121 to Ruby Road. The
next was a commitment from TXDOT to expedite the construction of the funnel project. And
the last was, assurances that a north bound exit ramp off State Hwy 121 would be provided to
serve Sandy Lake Road.
Money was then committed to construct Freeport Pkwy. The only down side was that it was
Federal dollars. Immediately, the City began working with the NCTCOG to “de-federalize” the
funding. This would allow the project to be designed using city details and standards, and would
also eliminate some of the onerous federal guidelines associated with construction.
On November 12, 2007, City Council approved a memorandum of understanding between the
City of Coppell, North Central Texas Council of Governments, and the Texas Department of
Transportation to allow for the de-federalization of funding. The original amount committed to
the construction of Freeport Pkwy was $7,008,000.
On September 25, 2007, City Council took action to request a refund of all money the City of
Coppell had previously paid as our share of the 10 million dollars for the expedited construction
of State Hwy 121. At the time, the City has only paid in $1,200,000, as we were making yearly
payments of $400,000. The $1,200,000 has since been refunded to the City of Coppell.
On May 27, 2008, the City Council approved an Advanced Funding Agreement with the State of
Texas to obtain the funding associated with the construction of Freeport Pkwy. By this time, the
funding has increased to $9,194,886.
After the actual funding mechanism was questioned, there was much, much, much more
discussion resulting in the City of Coppell receiving a new Advanced Funding Agreement. The
new agreement is a template agreed upon by NCTCOG, TXDOT, and various cities concerning
disbursement of funds of this type.
Since the approval of the last funding agreement, construction costs have been modified for
Freeport Pkwy and the new funding agreement is committing $10,816,000 for the construction of
Freeport Pkwy from State Hwy 121 to Ruby Road.
While the journey has been long, slow, tedious, and at time hopeless, it does now seem that the
end is in sight. Approval of the Advanced Funding Agreement for projects using funds held in
the State Hwy 121 sub account will allow the City of Coppell to move forward with acquiring
right-of-way, completing the design, and authorizing the construction of Freeport Pkwy.
Staff recommends approval of the resolution and authorizing the Mayor to sign the Advanced
Funding Agreement. Staff will be available at the Council meeting to answer any questions.
A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO. _________________
A RESOLUTION OF THE CITY OF COPPELL, TEXAS,
APPROVING THE TERMS AND CONDITIONS OF THE ADVANCE
FUNDING AGREEMENT TO USE TOLLWAY REVENUE FUNDS BY AND
BETWEEN THE STATE OF TEXAS AND THE CITY OF COPPELL,
WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS
EXHIBIT A; AUTHORIZING THE MAYOR TO EXECUTE SUCH
AGREEMENT SUBJECT TO THE APPROVAL OF THE CITY
ATTORNEY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the GOVERNMENT CODE and the TEXAS TRANSPORTATION CODE
authorizes the State to contract with municipalities and political subdivisions; and
WHEREAS, the TEXAS TRANSPORTATION CODE authorizes the State to layout,
construct, maintain, and operate a system of streets, roads, and highways that comprise the State
Highway System; and
WHEREAS, through Senate Bill 796, Article 6, Section 228.0055, the State has been
authorized to allocate the distribution of SH 121 tollway revenue funds and interest payment to
finance local projects in the metropolitan planning region; and
WHEREAS, the City of Coppell has requested that the State allow the City to utilize said
funding with approved local tollway revenue funds for a project described as Freeport Parkway
(Phase I) from SH121 to Sandy Lake to construct 0 to 6 lanes and Freeport Parkway (Phase II) from
Sandy Lake to Ruby Road to widen 2 to 4 lanes, hereinafter the “Project”; and
WHEREAS, the State has determined that such participation is in the best interest of the
citizens of the State; and
WHEREAS, the City Council hereby approves the terms and conditions of the Advance
Funding Agreement, which is attached hereto and incorporated herein as Exhibit A, and authorizes
the Mayor to execute said Agreement subject to the final approval of the City Attorney.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS AS FOLLOWS:
SECTION 1. That the terms and conditions of the Advance Funding Agreement, which is
attached hereto and incorporated herein as Exhibit A, are hereby approved for the purposes of
1
funding the Project as described herein, and, after approval by the City Attorney, the Mayor is hereby
authorized to execute said Agreement for and on behalf of the City of Coppell, Texas, subject to final
approval by the City Attorney.
SECTION 2. That this Resolution shall take effect immediately from and after its passage
as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
_______ day of ____________, 2010.
APPROVED:
_________________________________________
JAYNE PETERS, MAYOR
ATTEST:
_________________________________________
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
___________________________________
ROBERT E. HAGER, CITY ATTORNEY
2
CSJ: 0918-45-867, Freeport Parkway from SH 121 to Sandy Lake Road
CSJ: 0918-45-868, Freeport Parkway from Sandy Lake Road to Ruby Road
District #18 - Dallas; Code Chart 64# 09700
Funding Category: RTR (SH 121 Subaccount Funds)
Page 1 of 9
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
FOR PROJECT USING FUNDS HELD IN THE
STATE HIGHWAY 121 SUBACCOUNT—
City Street Improvements
Off-System Project
THIS AGREEMENT (the Agreement) is between the State of Texas, acting by and through
the Texas Department of Transportation (the State), and the City of Coppell (Local
Government), collectively, the “Parties.”
WITNESSETH
WHEREAS, the State executed a Local Project Advance Funding Agreement (LPAFA) for
a Comprehensive Development Agreement (CDA) project on June 11, 2008 to effectuate
their agreement to construct new roadways in the City of Coppell (CSJ 0918-45-867
(temporary CSJ 0918-47-983) and CSJ 0918-45-868 (temporary CSJ 0918-47-984)) ; and,
WHEREAS, that Local Project Advance Funding Agreement is voided in its entirety and is
being replaced with this LPAFA (CSJs 0918-45-867 and 0918-45-868); and,
WHEREAS, the State has received money from the North Texas Tollway Authority for the
right to develop, finance, design, construct, operate, and maintain the SH 121 toll project
from Business SH 121 in Denton County to US 75 in Collin County (“SH 121 payments”);
and
WHEREAS, pursuant to Transportation Code, 228.006 the State shall authorize the use of
surplus revenue of a toll project for a transportation project, highway project, or air quality
project within the district of the Texas Department of Transportation in which any part of
the toll project is located; pursuant to Transportation Code, §228.012 the State has
created a separate subaccount in the state highway fund to hold such money
(SH 121 Subaccount), and the State shall hold such money in trust for the benefit of the
region in which a project is located, and may assign the responsibility for allocating money
in the subaccount to a metropolitan planning organization (MPO); and
WHEREAS, in Minute Order 110727, dated October 26, 2006, the Texas Transportation
Commission (the “Commission”) approved a memorandum of understanding (MOU) with
the Regional Transportation Council (RTC), which is the transportation policy council of the
North Central Texas Council of Governments (NCTCOG) and a federally designated MPO,
concerning in part the administration, sharing, and use of surplus toll revenue in the region;
under the MOU the RTC shall select projects to be financed using surplus revenue from a
toll project, subject to Commission concurrence; and
CSJ: 0918-45-867, Freeport Parkway from SH 121 to Sandy Lake Road
CSJ: 0918-45-868, Freeport Parkway from Sandy Lake Road to Ruby Road
District #18 - Dallas; Code Chart 64# 09700
Funding Category: RTR (SH 121 Subaccount Funds)
Page 2 of 9
WHEREAS, the Local Government has requested money from the SH 121 Subaccount
for: Freeport Parkway from SH 121 to Sandy Lake Road (0918-45-867) and Freeport
Parkway from Sandy Lake Road to Ruby Road (0918-45-868) (Projects); the RTC has
selected the Project to be funded from the SH 121 Subaccount; and the Commission
concurred in the selection and authorized the expenditure of money in Minute Order
112121, dated January 28, 2010;
WHEREAS, the Local Government is a political subdivision and governmental entity by
statutory definition; and
WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209
authorize the State to contract with municipalities and political subdivisions to perform
governmental functions and services; and
WHEREAS, NCTCOG and the RTC should have authority to assist the Local
Government’s implementation of financial reporting and environmental review related to a
transportation project funded by the State using money from the SH 121 Subaccount.
NOW, THEREFORE, the Parties agree as follows:
AGREEMENT
Article 1. Time Period Covered
This Agreement becomes effective when signed by the last party whose signing makes the
agreement fully executed, and the State and the Local Government will consider it to be in
full force and effect until the Project described herein has been completed and accepted by
all parties or unless terminated, as hereinafter provided.
Article 2. Project Funding
The State will pay money to the Local Government from the SH 121 Subaccount in the
amounts specified in Attachment A, Payment Provision and Work Responsibilities. Except
as provided in the next succeeding sentence, the payments will begin no later than upon
the later of the following: (1) fifteen days after the Legislative Budget Board and the
Governor each approve the expenditure, in accordance with Rider 25 of the Texas
Department of Transportation bill pattern in Senate Bill 1, 80 Legislature; and (2) thirty
days after execution of this Agreement. If Attachment A shows that the RTC has allocated
payments to the Local Government for a certain expenditure (e.g. construction) for the
Project in a certain fiscal year, then the State will make the payment from the SH 121
Subaccount to the Local Government for such expenditure no later than 30 days after the
beginning of the designated Fiscal Year. A Fiscal Year begins on September 1 (for
example, the 2009 Fiscal Year began September 1, 2008).
th
Article 3. Separate Account; Interest
All funds paid to the Local Government shall be deposited into a separate account, and
interest earned on the funds shall be kept in the account. Interest earned may be used
only for the purposes specified in Attachment A, Payment Provision and Work
CSJ: 0918-45-867, Freeport Parkway from SH 121 to Sandy Lake Road
CSJ: 0918-45-868, Freeport Parkway from Sandy Lake Road to Ruby Road
District #18 - Dallas; Code Chart 64# 09700
Funding Category: RTR (SH 121 Subaccount Funds)
Page 3 of 9
Responsibilities, and only after obtaining the written approval of the RTC. The Local
Government’s use of interest earned will not count towards the 20 percent local match
requirement set forth in this Agreement.
Article 4. Shortfalls in Funding
The Local Government shall apply all funds to the scope of work of the Projects described
in Attachment A, Payment Provisions and Work Responsibilities, and to none other. All
cost overruns are the responsibility of the Local Government. However, should the funds
be insufficient to complete the work contemplated by the Project, the Local Government
may make further request to the RTC and the State for additional funds from the SH 121
Subaccount. Funds may be increased only through an amendment of this Agreement. If
the SH 121 Subaccount does not contain sufficient funds to cover the balance necessary
to complete the Project, or if the RTC or the Commission decline the request for any other
reason, then the Local Government shall be responsible for any shortfall.
Article 5. Return of Project Funding
The Local Government shall reimburse the State for any funds paid under this Agreement
that are not expended in accordance with the requirements of this Agreement. Upon
completion of the Project, the Local Government will issue a signed “Notification of
Completion” document to the State acknowledging the Project’s completion. If at Project’s
end, or upon termination of this Agreement, excess SH 121 Subaccount funds exist,
including interest earned, such funds shall be returned to the State within 30 days. Except
for funds the Local Government has already expended in accordance with the Agreement,
the Local Government shall return to the State the funds paid under this Agreement
together with any interest earned on the funds if the Project is not completed within 10
years of execution of the Agreement.
Article 6. Local Match
The Local Government shall be responsible for the required 20 percent local match as
described in Attachment A, Payment Provisions and Work Responsibilities. The costs
incurred by the Local Government prior to the execution of this Agreement will count
towards the 20 percent local match requirement provided such costs are for RTC-
approved phases as shown in Attachment A. At the end of each Fiscal Year the Local
Government’s cumulative expenditures of local match funds must be no less than 20
percent of the cumulative SH 121 Funds received by the Local Government up to that date
under the Agreement, and must be for the uses approved for payments of SH 121 Funds
up to that date as specified in Attachment A, Payment Provision and Work
Responsibilities.
Article 7. Procurement and Contracting Process
The State may review the Local Government’s procurement of professional services for
engineering, surveying, and right of way acquisition, letting of construction contracts, and
CSJ: 0918-45-867, Freeport Parkway from SH 121 to Sandy Lake Road
CSJ: 0918-45-868, Freeport Parkway from Sandy Lake Road to Ruby Road
District #18 - Dallas; Code Chart 64# 09700
Funding Category: RTR (SH 121 Subaccount Funds)
Page 4 of 9
conduct of construction management and inspection. The Local Government shall certify
compliance with state law and regulations, and with local laws, regulations, rules, policies,
and procedures. The Local Government shall maintain a copy of the certification in the
Project’s files.
Article 8. Design Standards and Construction Specifications
The Local Government shall implement the Project using the Local Government’s
established design standards, construction specifications, procurement processes, and
construction management and inspection procedures.
Article 9. Right of Way
Except for right of way owned by the State or to be acquired by the State according to the
plans of the Project as approved by the State, the Local Government shall acquire all
necessary right of way needed for the Project. Right of way acquisition is an eligible cost
for reimbursement provided such cost is an RTC-approved phase as shown in Attachment
A.
Article 10. Utilities
The Local Government shall be responsible for the adjustment, removal, or relocation of
utility facilities in accordance with State laws and regulations and local laws, regulations,
rules, policies, and procedures applicable to the Local Government. The Local
Government must obtain advance approval for any variance from established procedures.
The RTC-approved costs for utilities as shown in Attachment A, if any, shall be used to
adjust, remove, or relocate utility facilities only to the extent the utility has a property right
as shown in a recorded deed or easement.
Article 11. Compliance with Laws; Environmental Review and Public Involvement
Each Party shall comply with all federal, state, and local laws, statutes, ordinances, rules
and regulations, and the orders and decrees of any courts, administrative bodies or
tribunals affecting the performance of this Agreement as applicable to it. When required,
the Local Government shall furnish the State with satisfactory proof of compliance. As
provided in 43 T.A.C. Section 2.1(b)(3), the department’s environmental review
requirements do not apply to the Project because the department is funding the Project
solely with money held in a project subaccount created under Transportation Code,
Section 228.012. However, the local government shall ensure that the Project complies
with all environmental review and public involvement requirements applicable to the Local
Government under state and federal law in connection with the Project. The Local
Government shall obtain the opinion of legal counsel showing the Local Government’s
environmental review and public involvement for the Project to comply with state law and
regulations, and with local laws, regulations, rules, policies, and procedures applicable to
the Local Government. The Local Government shall maintain a copy of the certification in
the project files.
Article 12. Compliance with Texas Accessibility Standards and ADA
CSJ: 0918-45-867, Freeport Parkway from SH 121 to Sandy Lake Road
CSJ: 0918-45-868, Freeport Parkway from Sandy Lake Road to Ruby Road
District #18 - Dallas; Code Chart 64# 09700
Funding Category: RTR (SH 121 Subaccount Funds)
Page 5 of 9
The Local Government shall ensure that the plans for and the construction of the Project is
in compliance with the Texas Accessibility Standards (TAS) issued by the Texas
Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102,
Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be
consistent with minimum accessibility requirements of the Americans with Disabilities Act
(P.L. 101-336).
Article 13. Work Outside the Project Site
The Local Government shall provide both the necessary right of way and any other
property interests needed for the Project.
Article 14. Insurance
If this agreement authorizes the Local Government or its contractor to perform any work on
State right of way, before beginning work the entity performing the work shall provide the
State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying
the existence of coverage in the amounts and types specified on the Certificate of
Insurance for all persons and entities working on State right of way. This coverage shall be
maintained until all work on the State right of way is complete. If coverage is not
maintained, all work on State right of way shall cease immediately, and the State may
recover damages and all costs of completing the work.
Article 15. Audit
Within 120 days of completion of the Project, the Local Government shall perform an audit
of the costs of the Project. Any funds due to the State will be promptly paid by the Local
Government.
Article 16. Maintenance
The Local Government shall be responsible for maintenance of the Project.
Article 17. Responsibilities of the Parties
a. The State and the Local Government agree that neither party is an agent, servant,
or employee of the other party and each party agrees it is responsible for its
individual acts and deeds, as well as the acts and deeds of its contractors,
employees, representatives, and agents.
b. To the extent permitted by law, the Local Government agrees to indemnify and save
harmless the State, its agents and employees from all suits, actions or claims and
from all liability and damages resulting from any and all injuries or damages
sustained by any person or property in consequence of any neglect, error, or
omission in the performance of the design, construction, maintenance or operation
of the Project by the Local Government, its contractor(s), subcontractor(s), agents
and employees, and from any claims or amounts arising or recovered under the
"Workers' Compensation laws"; the Texas Tort Claims Act, Chapter 101, Texas Civil
CSJ: 0918-45-867, Freeport Parkway from SH 121 to Sandy Lake Road
CSJ: 0918-45-868, Freeport Parkway from Sandy Lake Road to Ruby Road
District #18 - Dallas; Code Chart 64# 09700
Funding Category: RTR (SH 121 Subaccount Funds)
Page 6 of 9
Practice and Remedies Code; or any other applicable laws or regulations, all as
from time to time may be amended.
c. The Parties expressly agree that the Project is not a joint venture or enterprise.
However, if a court should find that the Parties are engaged in a joint venture or
enterprise, then the Local Government, to the extent provided by law, agrees to pay
any liability adjudicated against the State for acts and deeds of the Local
Government, its employees or agents during the performance of the Project.
d. To the extent provided by law, the Local Government shall also indemnify and save
harmless the State from any and all expense, including, but not limited to, attorney’s
fees which may be incurred by the State in litigation or otherwise resisting said
claim or liabilities which may be imposed on the State as a result of such activities
by the Local Government, its agents, or employees.
Article 18. Notices
All notices to either party by the other required under this Agreement shall be delivered
personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail,
(electronic notice being permitted to the extent permitted by law but only after a separate
written consent of the parties), addressed to such party at the following addresses:
Local Government:
City of Coppell
Attn: City Engineer
P.O. Box 9478
Coppell, Texas 75019
State:
Texas Department of Transportation
Attn: District Engineer
4777 E. Highway 80
Mesquite, Texas 75150
All notices shall be deemed given on the date so delivered or so deposited in the mail,
unless otherwise provided herein. Either party may change the above address by sending
written notice of the change to the other party. Either party may request in writing that such
notices shall be delivered personally or by certified U.S. mail and such request shall be
honored and carried out by the other party.
Article 19. Right of Access
If the Local Government is the owner or otherwise controls access to any part of site of the
Project, the Local Government shall permit the State or its authorized representative
access to the site to perform any activities authorized in this Agreement.
Article 20. Project Documents
Upon completion or termination of this Agreement, all documents prepared by the State
shall remain the property of the State. All data prepared under this Agreement by the Local
Government shall be made available to the State without restriction or limitation on their
further use. All documents produced or approved or otherwise created by the Local
Government shall be transmitted to the State in the form of photocopy reproduction as
required by the State. The originals shall remain the property of the Local Government. At
CSJ: 0918-45-867, Freeport Parkway from SH 121 to Sandy Lake Road
CSJ: 0918-45-868, Freeport Parkway from Sandy Lake Road to Ruby Road
District #18 - Dallas; Code Chart 64# 09700
Funding Category: RTR (SH 121 Subaccount Funds)
Page 7 of 9
the request of the State, the Local Government shall submit any information required by
the State in the format directed by the State.
Article 21. Inspection of Books and Records
The Local Government shall keep a complete and accurate record to document the
performance of the work on the Project and to expedite any audit that might be conducted.
The Local Government shall maintain records sufficient to document that funds provided
under the Agreement were expended only for eligible costs that were incurred in
accordance with all applicable state and local laws, rules, policies, and procedures, and in
accordance with all applicable provisions of this Agreement. The Local Government shall
maintain all books, documents, papers, accounting records and other documentation
relating to costs incurred under this Agreement and shall make such materials available to
the State for review and inspection during the contract period and for four (4) years from
the date of completion of work defined under this Agreement or until any pending litigation
or claims are resolved, whichever is later. Additionally, the State shall have access to all
governmental records that are directly applicable to this Agreement for the purpose of
making audits, examinations, excerpts, and transcriptions.
Article 22. NCTCOG
Acceptance of funds directly under the Agreement or indirectly through a subcontract
under the Agreement acts as acceptance of the authority of NCTCOG and RTC to assist
the Local Government’s implementation of financial reporting and environmental review
concerning the Project. The Local Government shall provide to NCTCOG on a monthly
basis a report of expenses, including the Local Government’s expenditure of local match
funds. The report shall list separately the expenditures by Project’s phase as shown in
Attachment A, including but not limited to engineering, environmental review, right of way
acquisition, and construction. The report shall also describe interest earned on money
from the SH 121 Subaccount, including the interest rate, interest earned during the month,
and cumulative interest earned. The report shall further describe the status of developing
the Project. Not less than 60 days before the environmental review document is submitted
to the governing body of the Local Government for final approval, the Local Government
shall submit the document to NCTCOG for review and comment. NCTCOG may provide
the Local Government technical assistance on the environmental review of the Project as
mutually agreed between NCTCOG and the Local Government.
Article 23. State Auditor
The state auditor may conduct an audit or investigation of any entity receiving funds from
the State directly under the Agreement or indirectly through a subcontract under the
Agreement. Acceptance of funds directly under the Agreement or indirectly through a
subcontract under this Agreement acts as acceptance of the authority of the state auditor,
under the direction of the legislative audit committee, to conduct an audit or investigation in
connection with those funds. An entity that is the subject of an audit or investigation must
provide the state auditor with access to any information the state auditor considers
relevant to the investigation or audit.
CSJ: 0918-45-867, Freeport Parkway from SH 121 to Sandy Lake Road
CSJ: 0918-45-868, Freeport Parkway from Sandy Lake Road to Ruby Road
District #18 - Dallas; Code Chart 64# 09700
Funding Category: RTR (SH 121 Subaccount Funds)
Page 8 of 9
Article 24. Amendments
By mutual written consent of the Parties, this contract may be amended prior to its
expiration.
Article 25. Termination
The Agreement may be terminated in the following manner:
• by mutual written agreement and consent of both parties;
• by either party upon the failure of the other party to fulfill the obligations set forth
herein, after a 45 day period to cure after receiving written notice of non-compliance;
• by the State if the Local Government does not let the construction contract for the
Project within one year after the State first provides 121 Funds for construction as shown
in Attachment A, Payment Provision and Work Responsibilities;
• by the State if the Local Government does not complete the Project within ten
years after the effective date of the Agreement;
Article 26. Work by Debarred Person
The Local Government shall not contract with any person that is suspended, debarred,
proposed for debarment, declared ineligible, or voluntarily excluded from covered
transactions by any federal agency or that is debarred or suspended by the State.
Article 27. Sole Agreement
The Agreement constitutes the sole and only agreement between the parties and
supersedes any prior understandings or written or oral agreements respecting the
Agreement’s subject matter.
Article 28. Successors and Assigns
The State and the Local Government each binds itself, its successors, executors, assigns,
and administrators to the other party to this agreement and to the successors, executors,
assigns, and administrators of such other party in respect to all covenants of this
agreement. The Local Government may assign its interests under the Agreement only
with the written approval of the State.
Article 29. Remedies
The Agreement shall not be considered as specifying an exclusive remedy for a breach of
the Agreement. All remedies existing at law or in equity are available to either Party and
are cumulative.
Article 30. Legal Construction
If a provision of the Agreement shall be held invalid, illegal or unenforceable, such
invalidity, illegality or unenforceability shall not affect any other provision, and the
Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable
provision.
CSJ: 0918-45-867, Freeport Parkway from SH 121 to Sandy Lake Road
CSJ: 0918-45-868, Freeport Parkway from Sandy Lake Road to Ruby Road
District #18 - Dallas; Code Chart 64# 09700
Funding Category: RTR (SH 121 Subaccount Funds)
Page 9 of 9
Article 31. Signatory Warranty
The signatories to this agreement warrant that each has the authority to enter into this
agreement on behalf of the party they represent.
IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed
duplicate counterparts to effectuate this Agreement.
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation
Commission for the purpose and effect of activating and/or carrying out the orders,
established policies or work programs heretofore approved and authorized by the Texas
Transportation Commission.
By Date _______
Janice Mullenix
Director, Contract Services Section, General Services Division
THE LOCAL GOVERNMENT
City of Coppell
By Date
[NAME]
[TITLE]
CSJ: 0918-45-867, Freeport Parkway from SH 121 to Sandy Lake Road
CSJ: 0918-45-868, Freeport Parkway from Sandy Lake Road to Ruby Road
District #18 - Dallas; Code Chart 64# 09700
Funding Category: RTR (SH 121 Subaccount Funds)
ATTACHMENT A
Payment Provision and Work Responsibilities
For CSJ# 0918-45-867, the State will pay $6,696,000.00 from the SH 121 Subaccount for
Freeport Parkway from SH 121 to Sandy Lake Road to construct a six (6) lane facility.
In accordance with the allocation of funds approved by the RTC, and concurred with by
the Texas Transportation Commission, the State will make the payments for the following
work in the following Fiscal Years:
Fiscal
Year
Expenditure
Preliminary
Engineering
Right of Way
Acquisition
Utilities Construction
2009 $760,000.00 $1,720,000.00 $0.00 $4,216,000.00
2010 $0.00 $0.00 $0.00 $0.00
2011 $0.00 $0.00 $0.00 $0.00
2012 $0.00 $0.00 $0.00 $0.00
2013 $0.00 $0.00 $0.00 $0.00
The Local Government shall pay a required local match of $1,674,000.00.
Upon completion of the Project, the Local Government will issue a signed "Notification of
Completion" document to the State. The notice shall certify that the Project has been
completed, all necessary inspections have been conducted, and the Project is open to
traffic.
CSJ: 0918-45-867, Freeport Parkway from SH 121 to Sandy Lake Road
CSJ: 0918-45-868, Freeport Parkway from Sandy Lake Road to Ruby Road
District #18 - Dallas; Code Chart 64# 09700
Funding Category: RTR (SH 121 Subaccount Funds)
ATTACHMENT A
Payment Provision and Work Responsibilities
For CSJ# 0918-45-868, the State will pay $4,120,000.00 from the SH 121 Subaccount for
Freeport Parkway from Sandy Lake Road to Ruby Road to widen a two (2) lane facility to
a four (4) lane facility.
In accordance with the allocation of funds approved by the RTC, and concurred with by
the Texas Transportation Commission, the State will make the payments for the following
work in the following Fiscal Years:
Fiscal
Year
Expenditure
Preliminary
Engineering
Right of
Way
Acquisition
Utilities Construction
2009 $600,000.00 $208,000.00 $0.00 $3,312,000.00
2010 $0.00 $0.00 $0.00 $0.00
2011 $0.00 $0.00 $0.00 $0.00
2012 $0.00 $0.00 $0.00 $0.00
2013 $0.00 $0.00 $0.00 $0.00
The Local Government shall pay a required local match of $1,030,000.00.
Upon completion of the Project, the Local Government will issue a signed "Notification of
Completion" document to the State. The notice shall certify that the Project has been
completed, all necessary inspections have been conducted, and the Project is open to
traffic.
Attachment A
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
May 11, 2010
16
✔
CONTRACT/BID or PROPOSAL
Consider approval of awarding Bid Q-0410-03 for the Town Center Window and Door Replacement Project to MDI, Inc.
in the amount of $259,425.00; and authorizing the City Manager to execute a contract concerning such project.
Bid No. Q-0410-03 opened on April 13, 2010. Two bids were received, however the second bidder did not meet the
bid requirement and therefore their bid was not accepted. MDI, Inc. was the only qualified bid received. Arnold &
Associates, Inc., who is the architect on the window and door design, has reviewed the bid, verified references, and
recommends award to MDI, Inc.
Funds are being provided by stimulus funds of $171,200.00, CDBG funds of $34,469.00 and the remaining funds,
$53,756.00 are in designated fund balance. The stimulus and CDBG are reimbursement type grants and funds will be
requested after the expenditures have been made.
Staff recommends that Bid No Q-0410-03 be awarded to MDI, Inc. in
the amount of $259,425.00 and will be present to answer any
questions.
#TwnCtrReplacementWindow -1AR
TO: Mayor and City Council
VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
FROM: Sheri Moino, Facilities Manager
DATE: May 11, 2010
REF: Consider approval of awarding Bid Q-0410-03 for the Town Center
Window and Door Replacement Project to MDI, Inc. in the amount of
$259,425.00; and authorizing the City Manager to execute a contract
concerning such project.
The Town Center Window Replacement Project was identified and budgeted in FY
2008/09 as a capital improvement project designed to reduce energy consumption at this
facility as part of our green initiatives. The City of Coppell retained Arnold &
Associates, Inc. to provide architectural services to design, bid and perform construction
administrative services for this project. Subsequently, the City of Coppell was notified
by the Department of Energy that it was eligible for an Energy Efficiency and
Conservation Block Grant in the amount of $171,200.00 for projects already identified
and designed for energy efficiency or conservation. The Town Center Window
Replacement Project fit the criteria and therefore the City applied for this funding and
was approved for award on September 18, 2009 by the Department of Energy (See
Notice of Award Letter from Department of Energy dated October 8, 2009 attached).
Because of this, we delayed our project until FY 2009/10 so that we could use the Federal
grant funding for this project.
The Town Center Automatic Door Project was a capital improvement project submitted
to Dallas County seeking approval for CDBG (Community Development Block Grant)
eligible funding along with the Justice Center Automatic Door Project. Coppell City
Council approved Resolution No. 2009-0811.2 authorizing the use of these funds on
August 11, 2009. Dallas County approved this request and funds were made available
1
during fiscal year 2009/10 for both improvements. The Justice Center Automatic Door
Project has already been authorized and is scheduled for May 25, 2010.
The Town Center Automatic Door Project was included in the bid specifications for the
Town Center Window Replacement Project at the recommendation of Arnold &
Associates, Inc. to ensure consistency with storefront materials used. Attached is the
Agreement between Dallas County and the City of Coppell approving $34,469.00 for the
Automatic Doors for Town Center. Exhibit A attached shows a similar application of the
automatic doors which are proposed for Town Center, both front and rear entrances.
Once approved, this project is anticipated to take 90 days to complete and should begin in
June, 2010. Bid No. Q-0410-03 for the Town Center Window Replacement Project
opened on April 13, 2010. There was only one qualified bid received. Arnold &
Associates, Inc. reviewed the qualifications and references of the bidder, and
recommends award to MDI, Inc. in the amount of $259,425.00. Staff recommends award
and will be available to answer any questions.
2
'Depcrtment of Energy
Washington,DC 20585
October 8,2009
Congratulations on your award of a u.s.Department of Energy (DOE)Energy Efficiency and Conservation Block Grant.
By now,you should have received an electronic copy of the subject award via the FEDCONNECT portal.If you
have not or are unable to obtain a copy of the award I suggest you contact the FedConnect help desk at 800-899-6665,or
via email Support@FedConnect.net.This Grant was transmitted successfully to FedConnect so you should have a copy
but as a courtesy I have attached the award and all related attachments.
Now that you have the award,there are four administrative matters I want to remind you of and ask that you take
immediate action:
1)Method of Payment -Payments will be made through the Department of Treasury's Automated Standard
Application for Payment (ASAP)System.
The city was contacted by a DOE Finance representative to assist you in the enrollment process in ASAP shortly
after the city was determined to be eligible for an EECBG grant.Unfortunately,many of the eligible cities did not
successfully complete their enrollment in ASAP.I have had a team of people trying to assist recipients in getting enrolled.I
recommend that you confirm your enrollment by sending an email to HQVENDORPAY@HQ.DOE.GOV.Only an active
enrollment in ASAP will allow you access to the funds provided under the grant.
If you did not enroll or need to re-enroli with ASAP send a request bye-mail to HQVENDORPAY@HQ.DOE _GOV that
includes the NAME of individual who will be receiving the ASAPrrREASURY instructions,telephone number and e-mail
address.A second point of contact with the same information is also recommended.
The ASAP enrollment process is conducted on-line by the grantee.Please contact the ASAP Customer Support
for assistance in completing your on-line enrollment.
The servicing customer support is determined by what time zone the capitol of the state in which the
Payment Requestor/Recipient Organization is located:
If the capitol of the state in which you are located is in the Eastern time zone or the organization is located in
Puerto Rico or the Virgin Islands,users should contact the ASAP Customer Support staff at the Philadelphia RFC
at (215)516-8021 from 7:30 am to 5:00 pm Eastern Time.
If the capitol of the state in which you are located is in the Central time zone,users should contact the ASAP
Customer Support staff at the Kansas City RFC at (816)414-2100 from 7:30 am to 5:00 pm Central Time.
If the capitol of the state in which you are located in the Mountain and Pacific time zone (and time zones further
west),users should contact all the ASAP Customer Support staff at the San Francisco RFC at (415)817-7182
from 7:30 am to 5:00 pm Pacific Time.
2)ARRA Reporting -Your grant is being funded by the American Recovery and Reinvestment Act (ARRA)of
2009,Pub.L.111-5.You must report the information described in Section 1512 (c)of the Act using the
reporting instructions and data elements provided on-line at http://www.FederaIReporting.gov and insure that
any information that is pre-filled is corrected or undated as needed.(See the attached Guideline for additional
information related to this requirement.)
As a reminder,the ARRA report is due no later than ten calendar days after each calendar quarter in which the
recipient received this grant so your first report is due October 10,2009.
3)DOE reports -You must submit the reports identified in Section 4A,4B,and 4C of the Federal Assistance
Reporting Checklist which was attached to the award.However,the website was updated and I have enclosed
a revised Federal Assistance Reporting Checklist.
The full website URL is www.page.energy.gov and has input screens for grantees to enter and submit their
EECBG Program Performance Report and Federal Financial Report (SF-425).As applications are uploaded
into PAGE by DOE,Grantees Contacts (identified in section 8F of the SF424)will receive an email invitation to
create a PAGE account.DOE will also schedule additional training webinars shortly for users to receive
assistance.Links to register for the training webinars will be posted to the PAGE website at the address
above.
As noted above,unless you have been notified to create a PAGE account,during the interim,please submit
your reports to an alternative email address at:ConservationBlockGrant@hq.doe.gov.(See the attached
Guideline for additional information related to this requirement.)
4)Finally,once the project is complete your designated authorized representative shall certify,in writing (e-mail),
to me as the Contracting Officer that the activity or level of effort was expended.Should the activity or level of
effort not be carried out you are expected to make appropriate reimbursements.My address is:
u.s.Department of Energy
Attn:B.Lardizabal,MA-642.1
1000 Independence Ave.,SW
Washington,DC 20585
Benjamin.Lardizabal@hq.doe.gov
Please acknowledge receipt of this letter by return email.
Sincerely,
-~
.0><--.~oJ-r:?_
Attachment:
1.Copy of Grant award and all attachments thereto.
2.Energy Efficiency and Conservation Block Grant Program Reporting Guidelines
2
--_....._..._---
FOR OFFICIAL USE ONLY-.
ASSISTANCE AGREEMENT
1.Award No.2.ModificationNo.13.EffectiveDate r'CFDANo.
DE-EEOO02144 11/02/2009 81.128
5.Awarded To 6.SponsoringOffice 7.PeriodofPerformance
COPPELL,CITY OF (INC)EERE (FORS)11/0212009
Attn:Sheri Moina U.S.Department of Energy through
PO BOX 9478 Office of Energy Efficiency &Renewable 11/30/2009
COPPELL TX 750199478 Forrestal Building
1000 Independence Avenue,SW
Washington DC 20585
8.Type ofAgreement 9.Authority 10.PurchaseRequest or FundingDocument No.
W Grant 31 use 6304 09EE003042DCooperativeAgreement10USC2358DOther
11.RemittanceAddress 12.TotalAmount 13.Funds Obligated
COPPELL,CITY OF (INC)Govt.Share:$171,200.00 This action:$171,200.00
PO BOX 9478 Cost Share :$0.00 Total :$171,200.00
COPPELL TX 750199478 Total :$171,200.00
14.PrincipalInvestigator 15.Program Manager 16.Administrator
Sheri Maino GilbertSperling Office of HQ PS (HQ)
Phone:202-287-1644 U.S.Department of Energy
Office of Headquarters Procurement
MA-64
1000 Independence Ave.,S.W.
Washington DC 20585
17.SubmitPayment RequestsTo 18 PayingOffice 19.Submit ReportsTo
HQ -Germantown Jacob Ward
U.s.Department of Energy Department of Energy
P.O Box 500 (202)586-7606
Germantown MD 20875
20.Accountingand AppropriationData
21.ResearchTitleand/orDescriptionofProject
REPLACEMENT OF TOWN CENTER WINDOWS WITH ENERGY EFFICIENT RATED WINDOWS.
For theRecipient FortheUnitedStatesofAmerica
22.SignatureofPerson AuthorizedtoSign 25.SignatureofGrants/AgreementsOfficer
Signature on File
23.Name and Title 24.Date Signed 26.Name ofOfficer 27.Date Signed
Benjamin Lardizabal 09/18/2009
FOR OFFICIAL USE ONLY
CONTINUATION SHEET
FOR OFFICIAL USE ONLY
REFERENCE NO.OF DOCUMENT BEING CONTINUED
DE-EE0002144
NAME OF OFFEROR OR CONTRACTOR
COPPELL,CITY OF (INC)
ITEM NO.
(A)
SUPPLIES/SERVICES
(B)
UNIT PRICE
(E)
DUNS Number:079345922
Recovery Act:
"EECBG Fonnula Grants"
TAS Agency:89 TAS ACCOQDt 0331
Award Grant to the City of Coppell,Texas to
replace exterior glass and doors in the Town
Center with 1"energy rated glass.This project
will help the City meet the 5%energy reduction
for six years as required by Senate Bill 12.
The period of performance for this project is
November 02,2009 through November 30,2009.
The City Coppell,TX's TAX 10 number is
75-1183205.
The Department of Energy Technical points of
contact are:Tobin Gatto who may be contacted at
(202)586-9957,tobin.gatto@ee.doe.gov or Jacob
Ward at (202)586-7606,jacob.ward@ee.doe.gov.
The recipient point of contact is Sheri Moino who
may be contacted at (972)462-5152 or at
smoino@ci.coppell.tx.us.
PLEASE SEE ATTACHMENTS FOR:Special Terms and
Conditions,Strategy,Reporting Checklist,
Intellectual Property,and National Policy
Assurances.
ASAP:Yes Extent Competed:NOT AVAIL FOR COMP
Delivery:11/30/2009
Delivery Location Code:00127
EERE (FORS)
U.S.Department of Energy
Office of Energy Efficiency &Renewable Ener.
Forrestal Building
1000 Independence Avenue,SW
Washington DC 20585
Mark For:
EERE (FORS)
U.S.Department of Energy
Office of Energy Efficiency &Renewable Ener
Forrestal Building
1000 Independence Avenue,SW
Washington DC 20585
Continued ...
QUANTITY UNIT
(C)(D)
AMOUNT
(F)
FOR OFFICIAL USE ONLY
July 2004
-------------------.-------------~
FOR OFFICIAL USE ONLY
CONTINUATION SHEET
REFERENCE NO.OF DOCUMENT BEINGCONTINUED
DE-EE0002144
NAME OF OFFEROR OR CONTRACTOR
COPPELL,CITY OF (INC)
ITEM NO.SUPPLIES/SERVICES QUANTITYUNIT UNITPRICE AMOUNT
(A)(B)(C)(D)(E)(F)
Payment:
HQ -Germantown
U.S.Department of Energy
P.O Box 500
Germantown MD 20875
Fund:05796 Appr Year:2009 Allottee:60 Report
Entity:300328 Object Class:41000 Program:
1005115 Project:2004350 WFO:0000000 Local Use:
0387107 TAS Agency:89 TAS Account:0331
,
July 2004
FOR OFFICIAL USE ONLY
-----_.._-----------
CITY OF COPPELL, TEXAS
STANDARD FIXED PRICE AGREEMENT
FOR THE CONSTRUCTION OF
TOWN CENTER WINDOW REPLACEMENT
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019
BID Q-0410-03 TOWN CENTER WINDOW REPLACEMENT
City of Coppell, Texas
This Agreement is made by and between the City of Coppell, Texas, a home-rule municipality
(hereinafter referred to as the "Owner") and __MDI, Inc__, (hereinafter referred to as the "Contractor") for
construction of _Town Center Window Replacement_, (hereinafter referred to as the "Project"), the Owner and the
Contractor hereby agreeing as follows:
ARTICLE I
THE CONTRACT AND THE CONTRACT
DOCUMENTS
1.1 THE CONTRACT
1.1.1 The Contract between the Owner and
the Contractor, of which this Agreement is a part,
consists of the Contract Documents. It shall be
effective on the date this Agreement is executed by
the last party to execute it.
1.2. THE CONTRACT DOCUMENTS
1.2.1 The Contract Documents consist of this
Agreement, the Invitation to Bid, Requirements and
Instructions to Bidders, the Specifications, the
Drawings, the Project Manual, all Change Orders and
Field Orders issued hereafter, any other amendments
hereto executed by the parties hereafter, together with
the following (if any):
Documents not enumerated in this Paragraph 1.2.1
are not Contract Documents and do not form part of
this Contract.
1.3 ENTIRE AGREEMENT
1.3.1 This Contract, together with the
Contractor's performance and payment bonds for the
Project, all General Conditions, Special Conditions,
Plans and Specifications, and Addenda attached
thereto, constitute the entire and exclusive agreement
between the Owner and the Contractor with reference
to the Project. Specifically, but without limitation,
this Contract supersedes any bid documents and all
prior written or oral communications, representations
and negotiations, if any, between the Owner and
Contractor not expressly made a part hereof.
1.4 NO PRIVITY WITH OTHERS
1.4.1 Nothing contained in this Contract shall
create, or be interpreted to create, privity or any other
contractual agreement between the Owner and any
person or entity other than the Contractor.
1.5 INTENT AND INTERPRETATION
1.5.1 The intent of this Contract is to require
complete, correct and timely execution of the Work.
Any Work that may be required, implied or inferred
by the Contract Documents, or any one or more of
them, as necessary to produce the intended result
shall be provided by the Contractor for the Contract
Price.
1.5.2 This Contract is intended to be an
integral whole and shall be interpreted as internally
consistent. What is required by any one Contract
Document shall be considered as required by the
Contract.
1.5.3 When a word, term or phrase is used in
this Contract, it shall be interpreted or construed,
first, as defined herein; second, if not defined,
according to its generally accepted meaning in the
construction industry; and third, if there is no
generally accepted meaning in the construction
industry, according to its common and customary
usage.
1.5.4 The words "include", "includes", or
"including", as used in this Contract, shall be deemed
to be followed by the phrase, "without limitation".
1.5.5 The specification herein of any act,
failure, refusal, omission, event, occurrence or
condition as constituting a material breach of this
Contract shall not imply that any other, non-specified
act, failure, refusal, omission, event, occurrence or
condition shall be deemed not to constitute a material
breach of this Contract.
1.5.6 Words or terms used as nouns in this
Contract shall be inclusive of their singular and plural
forms, unless the context of their usage clearly
requires a contrary meaning.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 2
BID Q-0410-03 TOWN CENTER WINDOW REPLACEMENT
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 3
1.5.7 The Contractor shall have a continuing
duty to read, carefully study and compare each of the
Contract Documents, the Shop Drawings, the Product
Data, and any Plans and Specifications, and shall
give written notice to the Owner of any
inconsistency, ambiguity, error or omission which the
Contractor may discover with respect to these
documents before proceeding with the affected Work.
The issuance, or the express or implied approval by
the Owner or the Architect of the Contract
Documents, Shop Drawings or Product Data shall not
relieve the Contractor of the continuing duties
imposed hereby, nor shall any such approval be
evidence of the Contractor's compliance with this
Contract. The Owner has requested the Architect to
only prepare documents for the Project, including the
Drawings and Specifications for the Project, which
are accurate, adequate, consistent, coordinated and
sufficient for construction. HOWEVER, THE
OWNER MAKES NO REPRESENTATION OR
WARRANTY OF ANY NATURE WHATSOEVER
TO THE CONTRACTOR CONCERNING SUCH
DOCUMENTS. By the execution hereof, the
Contractor acknowledges and represents that it has
received, reviewed and carefully examined such
documents, has found them to be complete, accurate,
adequate, consistent, coordinated and sufficient for
construction, and that the Contractor has not, does
not, and will not rely upon any representation or
warranties by the Owner concerning such documents
as no such representation or warranties have been or
are hereby made. Further, the Contractor represents
and warrants that it has had a sufficient opportunity
to inspect the Project site and assumes any and all
responsibility for inadequacies or ambiguities in the
plans, drawings or specifications as well as for latent
conditions of the site where the work is to be
performed.
1.5.8 As between numbers and scaled
measurements on the Drawings and in the Design, the
numbers shall govern, as between larger scale and
smaller scale drawings, the larger scale shall govern.
1.5.9 Neither the organization of any of the
Contract Documents into divisions, sections,
paragraphs, articles, (or other categories), nor the
organization or arrangement of the Design, shall
control the Contractor in dividing the Work or in
establishing the extent or scope of the Work to be
performed by Subcontractors.
1.6 OWNERSHIP OF
CONTRACT DOCUMENTS
1.6.1 The Contract Documents, and each of
them, shall remain the property of the Owner. The
Contractor shall have the right to keep one record set
of the Contract Documents upon completion of the
Project; provided, however, that in no event shall
Contractor use, or permit to be used, any or all of
such Contract Documents on other projects without
the Owner's prior written authorization.
ARTICLE II
THE WORK
2.1 The Contractor shall perform all of the
Work required, implied or reasonably inferable from,
this Contract.
2.2 WORK
2.2.1 The term "Work" shall mean whatever
is done by or required of the Contractor to perform
and complete its duties under this Contract, including
the following: construction of the whole or a
designated part of the Project; furnishing of any
required surety bonds and insurance, and the
provision or furnishing of labor, supervision,
services, materials, supplies, equipment, fixtures,
appliances, facilities, tools, transportation, storage,
power, permits and licenses required of the
Contractor, fuel, heat, light, cooling and all other
utilities as required by this Contract. The Work to be
performed by the Contractor is generally described as
follows:
2.2.2 The Contractor shall be responsible for
paying for and procuring all materials and labor and
furnishing all services necessary or appropriate for
the full performance of the Work and the for the full
completion of the Project. All materials shall be new
and materials and workmanship shall be of good
BID Q-0410-03 TOWN CENTER WINDOW REPLACEMENT
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 4
quality. Upon request, the Contractor shall furnish
satisfactory proof of the type, kind, and quality of
materials.
ARTICLE III
CONTRACT TIME
3.1 TIME AND LIQUIDATED DAMAGES
3.1.1 The Contractor shall commence the
Work within 10 days of receipt of a written Notice to
Proceed, and shall achieve Substantial Completion of
the Work no later than 90 calendar days from the
date specified in the Notice to Proceed. The parties
acknowledge that time is of the essence in the
performance of the terms of this Contract. The term
“calendar days” shall mean any and all days of the
week or month, no days being excepted. "Hours
worked before 8:00 a.m. after 5:00 p.m., all weekends
and holidays are subject to overtime. Overtime request
must be made in writing and approved by the City of
Coppell. Seventy-two hours notice required. All
overtime incurred by the City for inspection services
shall be paid by the Contractor. If not paid, such cost
may be deducted from partial payments." It is
contemplated by the parties that the progress of the
Work may be delayed by certain conditions beyond
the control of the parties; these delays have been
contemplated by the parties and considered in the
time allotted for performance specified herein and
includes, but is not limited to delays occasioned on
account of adverse weather, temporary unavailability
of materials, shipment delays, and the presence and
potential interference of other contractors who may
be performing work at the Project site unrelated to
this agreement.
The number of calendar days from the date on which
the Work is permitted to proceed, through the date set
forth for Substantial Completion, shall constitute the
"Contract Time".
3.1.2 The Contractor shall pay the Owner the
sum of $_200.00_ per day for each and every
calendar day of unexcused delay in achieving
Substantial Completion beyond the date set forth
herein for Substantial Completion of the Work. Any
sums due and payable hereunder by the Contractor
shall be payable, not as a penalty, but as liquidated
damages representing an estimate of delay damages
likely to be sustained by the Owner, estimated at or
before the time of executing this Contract. When the
Owner reasonably believes that Substantial
Completion will be inexcusably delayed, the Owner
shall be entitled, but not required, to withhold from
any amounts otherwise due the Contractor an amount
then believed by the Owner to be adequate to recover
liquidated damages applicable to such delays. if and
when the Contractor overcomes the delay in
achieving Substantial Completion, or any part
thereof, for which the Owner has withheld payment,
the Owner shall promptly release to the Contractor
those funds withheld, but no longer applicable, as
liquidated damages.
3.1.3 No claim shall be made by the
Contractor to the Owner, and no damages, costs or
extra compensation shall be allowed or paid by the
Owner to the Contractor for any delay or hindrance
from any cause in the progress or completion of the
Work or this Contract. The Contractor’s sole remedy
in the event of any delay or hindrance shall be to
request time extensions by written change orders as
provided for hereinafter. Should the Contractor be
delayed by an act of the Owner, or should the Owner
order a stoppage of the Work for sufficient cause, an
extension of time shall be granted by the Owner by
written authorization upon written application, which
extension shall not be unreasonably denied, to
compensate for the delay.
3.1.4 The Owner shall have the authority to
suspend the Work wholly or in part for such period or
periods of time as it may deem appropriate due to
unsuitable conditions considered unfavorable for the
proper prosecution of the Work or for the failure of
the Contractor to carry out instructions from the
Owner or Owner’s representative. During any period
in which the Work is stopped or during which any of
the Work is not actively in progress for any reason,
Contractor shall properly protect the site and the
Work from damage, loss or harm.
3.2 SUBSTANTIAL COMPLETION
3.2.1 "Substantial Completion" shall mean
that stage in the progression of the Work when the
Work is sufficiently complete in accordance with this
Contract that the Owner can enjoy beneficial use or
occupancy of the Work and can utilize the Work for
its intended purpose, even though minor
miscellaneous work and/or adjustment may be
required.
BID Q-0410-03 TOWN CENTER WINDOW REPLACEMENT
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 5
3.3 TIME IS OF THE ESSENCE
3.3.1 All limitations of time set forth in the
Contract Documents are of the essence of this
Contract.
ARTICLE IV
CONTRACT PRICE
4.1 THE CONTRACT PRICE
4.1.1 The Owner shall pay, and the
Contractor shall accept, as full and complete payment
for all of the Work required herein, the fixed sum of
$__259,425.00_____.
The sum set forth in this Paragraph 4.1 shall
constitute the Contract Price which shall not be
modified except by written Change Order as provided
in this Contract.
ARTICLE V
PAYMENT OF THE CONTRACT PRICE
5.1 SCHEDULE OF VALUES
5.1.1 Within ten (10) calendar days of the
effective date hereof, the Contractor shall submit to
the Owner and to the Architect a Schedule of Values
allocating the Contract Price to the various portions
of the Work. The Contractor's Schedule of Values
shall be prepared in such form, with such detail, and
supported by such data as the Architect or the Owner
may require to substantiate its accuracy. The
Contractor shall not imbalance its Schedule of Values
nor artificially inflate any element thereof. The
violation of this provision by the Contractor shall
constitute a material breach of this Contract. The
Schedule of Values shall be used only as a basis for
the Contractor's Applications for Payment and shall
only constitute such basis after it has been
acknowledged and accepted in writing by the
Architect and the Owner.
5.2 PAYMENT PROCEDURE
5.2.1 The Owner shall pay the Contract Price
to the Contractor as provided below.
5.2.2 PROGRESS PAYMENTS - Based upon the
Contractor's Applications for Payment submitted to
the Architect and upon Certificates for Payment
subsequently issued to the Owner by the Architect,
the Owner shall make progress payments to the
Contractor on account of the Contract Price.
5.2.3 On or before the 25th day of each
month after commencement of the Work, the
Contractor shall submit an Application for Payment
for the period ending the 15th day of the month to the
Architect in such form and manner, and with such
supporting data and content, as the Owner or the
Architect may require. Therein, the Contractor may
request payment for ninety percent (90%) of that
portion of the Contract Price properly allocable to
Contract requirements properly provided, labor,
materials and equipment properly incorporated in the
Work, less the total amount of previous payments
received from the Owner. Such Application for
Payment shall be signed by the Contractor and shall
constitute the Contractor's representation that the
Work has progressed to the level for which payment
is requested in accordance with the Schedule of
Values, that the Work has been properly installed or
performed in full compliance with this Contract, and
that the Contractor knows of no reason why payment
should not be made as requested. Thereafter, the
Architect will review the Application for Payment
and may also review the Work at the Project site or
elsewhere to determine whether the quantity and
quality of the Work is as represented in the
Application for Payment and is as required by this
Contract. The Architect shall determine and certify
to the Owner the amount properly owing to the
Contractor. The Owner shall make partial payments
on account of the Contract Price to the Contractor
within thirty (30) days following the Architect's
receipt and approval of each Application for
Payment. The amount of each partial payment shall
be the amount certified for payment by the Architect
less such amounts, if any, otherwise owing by the
Contractor to the Owner or which the Owner shall
have the right to withhold as authorized by this
Contract. The Architect's certification of the
Contractor's Application for Payment shall not
preclude the Owner from the exercise of any of its
rights as set forth in Paragraph 5.3 hereinbelow.
5.2.4 The Contractor warrants that title to all
Work covered by an Application for Payment will
pass to the Owner no later than the time of payment.
The Contractor further warrants that upon submittal
of an Application for Payment, all Work for which
payments have been received from the Owner shall
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be free and clear of liens, claims, security interest or
other encumbrances in favor of the Contractor or any
other person or entity whatsoever.
5.2.5 The Contractor shall promptly pay each
Subcontractor out of the amount paid to the
Contractor on account of such Subcontractor's Work,
the amount to which such Subcontractor is entitled.
In the event the Owner becomes informed that the
Contractor has not paid a Subcontractor as herein
provided, the Owner shall have the right, but not the
duty, to issue future checks in payment to the
Contractor of amounts otherwise due hereunder
naming the Contractor and such Subcontractor as
joint payees. Such joint check procedure, if
employed by the Owner, shall create no rights in
favor of any person or entity beyond the right of the
named payees to payment of the check and shall not
be deemed to commit the Owner to repeat the
procedure in the future.
5.2.6 No progress payment, nor any use or
occupancy of the Project by the owner, shall be
interpreted to constitute an acceptance of any Work
not in strict accordance with this Contract.
5.3 WITHHELD PAYMENT
5.3.1 The Owner may decline to make
payment, may withhold funds, and, if necessary, may
demand the return of some or all of the amounts
previously paid to the Contractor, to protect the
Owner from loss because of:
(a) defective Work not remedied by the
Contractor nor, in the opinion of the
Owner, likely to be remedied by the
Contractor;
(b) claims of third parties against the
Owner or the Owner's property;
(c) failure by the Contractor to pay
Subcontractors or others in a prompt
and proper fashion;
(d) evidence that the balance of the Work
cannot be completed in accordance with
the Contract for the unpaid balance of
the Contract Price,
(e) evidence that the Work will not be
completed in the time required for
substantial or final completion;
(f) persistent failure to carry out the Work
in accordance with the Contract;
(g) damage to the Owner or a third party to
whom the Owner is, or may be, liable.
In the event that the Owner makes
written demand upon the Contractor for amounts
previously paid by the Owner as contemplated in this
Subparagraph 5.3.1, the Contractor shall promptly
comply with such demand. The Owner shall have no
duty to third parties to withhold payment to the
Contractor and shall incur no liability for a failure to
withhold funds.
5.4 UNEXCUSED FAILURE TO PAY
5.4.1 If within fifteen (15) days after the date
established herein for payment to the Contractor by
the Owner, the Owner, without cause or basis
hereunder, fails to pay the Contractor any amount
then due and payable to the Contractor, then the
Contractor may after ten (10) additional days' written
notice to the Owner and the Architect, and without
prejudice to any other available rights or remedies it
may have, stop the Work until payment of those
amounts due from the Owner have been received.
Late payments shall not accrue interest or other late
charges.
5.5 SUBSTANTIAL COMPLETION
5.5.1 When the Contractor believes that the
Work is substantially complete, the Contractor shall
submit to the Architect a list of items to be completed
or corrected. When the Architect on the basis of an
inspection determines that the Work is in fact
substantially complete, it will prepare a Certificate of
Substantial Completion which shall establish the date
of Substantial Completion, shall state the
responsibilities of the Owner and the Contractor for
Project security, maintenance, heat, utilities, damage
to the Work, and insurance, and shall fix the time
within which the Contractor shall complete the items
listed therein. Guarantees required by the Contract
shall commence on the date of Substantial
Completion of the Work. The Certificate of
Substantial Completion shall be submitted to the
Owner and the Contractor for their written
acceptance of the responsibilities assigned to them in
such certificate.
Upon Substantial Completion of the Work, and
execution by both the Owner and the Contractor of
the Certificate of Substantial Completion, the Owner
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shall pay the Contractor an amount sufficient to
increase total payments to the Contractor to one
hundred percent (100%) of the Contract Price less
three hundred percent (300%) of the reasonable cost
as determined by the Owner and the Architect for
completing all incomplete Work, correcting and
bringing into conformance all defective and
nonconforming Work, and handling all unsettled
claims.
5.6 COMPLETION AND FINAL PAYMENT
5.6.1 When all of the Work is finally
complete and the Contractor is ready for a final
inspection, it shall notify the Owner and the Architect
thereof in writing. Thereupon, the Architect will
make final inspection of the Work and, if the Work is
complete in full accordance with this Contract and
this Contract has been fully performed, the Architect
will promptly issue a final Certificate for Payment
certifying to the Owner that the Project is complete
and the Contractor is entitled to the remainder of the
unpaid Contract Price, less any amount withheld
pursuant to this Contract. If the Architect is unable to
issue its final Certificate for Payment and is required
to repeat its final inspection of the Work, the
Contractor shall bear the cost of such repeat final
inspection(s) which cost may be deducted by the
Owner from the Contractor's final payment.
5.6.1.1 If the Contractor fails to achieve final
completion within the time fixed therefor by the
Architect in its Certificate of Substantial Completion,
the Contractor shall pay the Owner the sum set forth
hereinabove as liquidated damages per day for each
and every calendar day of unexcused delay in
achieving final completion beyond the date set forth
herein for final completion of the Work. Any sums
due and payable hereunder by the Contractor shall be
payable, not as a penalty, but as liquidated damages
representing an estimate of delay damages likely to
be sustained by the Owner, estimated at or before the
time of executing this Contract. When the Owner
reasonably believes that final completion will be
inexcusably delayed, the Owner shall be entitled, but
not required, to withhold from any amounts
otherwise due the Contractor an amount then
believed by the Owner to be adequate to recover
liquidated damages applicable to such delays. If and
when the Contractor overcomes the delay in
achieving final completion, or any part thereof, for
which the Owner has withheld payment, the Owner
shall promptly release to the Contractor those funds
withheld, but no longer applicable, as liquidated
damages.
5.6.2 The Contractor shall not be entitled to
final payment unless and until it submits to the
Architect its affidavit that all payrolls, invoices for
materials and equipment, and other liabilities
connected with the Work for which the Owner, or the
Owner's property might be responsible, have been
fully paid or otherwise satisfied; releases and waivers
of lien from all Subcontractors of the Contractor and
of any and all other parties required by the Architect
or the Owner; consent of Surety, if any, to final
payment. If any third party fails or refuses to provide
a release of claim or waiver of lien as required by the
Owner, the Contractor shall furnish a bond
satisfactory to the Owner to discharge any such lien
or indemnify the Owner from liability.
5.6.3 The Owner shall make final payment of
all sums due the Contractor within ten (10) days of
the Architect's execution of a final Certificate for
Payment.
5.6.4 Acceptance of final payment shall
constitute a waiver of all claims against the Owner by
the Contractor except for those claims previously
made in writing against the Owner by the Contractor,
pending at the time of final payment, and identified
in writing by the Contractor as unsettled at the time
of its request for final payment.
5.6.5 Under no circumstance shall Contractor
be entitled to receive interest on any payments or
monies due Contractor by the Owner, whether the
amount on which the interest may accrue is timely,
late, wrongfully withheld, or an assessment of
damages of any kind.
ARTICLE VI
THE OWNER
6.1 INFORMATION, SERVICES AND THINGS
REQUIRED FROM OWNER
6.1.1 The Owner shall furnish to the
Contractor, at the time of executing this Contract, any
and all written and tangible material in its possession
concerning conditions below ground at the site of the
Project.
Such written and tangible material is furnished to the
Contractor only in order to make complete disclosure
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of such material and for no other purpose. By
furnishing such material, the Owner does not
represent, warrant, or guarantee its accuracy either in
whole, in part, implicitly or explicitly, or at all, and
shall have no liability therefore. The Owner shall
also furnish surveys, legal limitations and utility
locations (if known), and a legal description of the
Project site.
6.1.2 Excluding permits and fees normally
the responsibility of the Contractor, the Owner shall
obtain all approvals, easements, and the like required
for construction and shall pay for necessary
assessments and charges required for construction,
use or occupancy of permanent structures or for
permanent changes in existing facilities.
6.1.3 The Owner shall furnish the Contractor,
free of charge, one copy of the Contract Documents
for execution of the Work.
6.2 RIGHT TO STOP WORK
6.2.1 If the Contractor persistently fails or
refuses to perform the Work in accordance with this
Contract, or if the best interests of the public health,
safety or welfare so require, the Owner may order the
Contractor to stop the Work, or any described portion
thereof, until the cause for stoppage has been
corrected, no longer exists, or the Owner orders that
Work be resumed. In such event, the Contractor shall
immediately obey such order.
6.3 OWNER'S RIGHT TO PERFORM WORK
6.3.1 If the Contractor's Work is stopped by
the Owner under Paragraph 6.2, and the Contractor
fails within seven (7) days of such stoppage to
provide adequate assurance to the Owner that the
cause of such stoppage will be eliminated or
corrected, then the Owner may, without prejudice to
any other rights or remedies the Owner may have
against the Contractor, proceed to carry out the
subject Work. In such a situation, an appropriate
Change Order shall be issued deducting from the
Contract Price the cost of correcting the subject
deficiencies, plus compensation for the Architect's
additional services and expenses necessitated
thereby, if any. If the unpaid portion of the Contract
Price is insufficient to cover the amount due the
Owner, the Contractor shall pay the difference to the
Owner.
ARTICLE VII
THE CONTRACTOR
7.1 The Contractor is again reminded of its
continuing duty set forth in Subparagraph 1.5.7. The
Contractor shall perform no part of the Work at any
time without adequate Contract Documents or, as
appropriate, approved Shop Drawings, Product Data
or Samples for such portion of the Work. If the
Contractor performs any of the Work knowing it
involves a recognized error, inconsistency or
omission in the Contract Documents without such
notice to the Architect, the Contractor shall bear
responsibility for such performance and shall bear the
cost of correction.
7.2 The Contractor shall perform the Work
strictly in accordance with this Contract.
7.3 The Contractor shall supervise and
direct the Work using the Contractor's best skill,
effort and attention. The Contractor shall be
responsible to the Owner for any and all acts or
omissions of the Contractor, its employees and others
engaged in the Work on behalf of the Contractor.
7.3.1 The Contractor shall give adequate
attention to the faithful prosecution of the Work and
the timely completion of this Contract, with authority
to determine the manner and means of performing
such Work, so long as such methods insure timely
completion and proper performance.
7.3.2 The Contractor shall exercise all
appropriate means and measures to insure a safe and
secure jobsite in order to avoid and prevent injury,
damage or loss to persons or property.
7.4 WARRANTY
7.4.1 The Contractor warrants to the Owner
that all labor furnished to progress the Work under
this Contract will be competent to perform the tasks
undertaken, that the product of such labor will yield
only first-class results, that materials and equipment
furnished will be of good quality and new unless
otherwise permitted by this Contract, and that the
Work will be of good quality, free from faults and
defects and in strict conformance with this Contract.
All Work not conforming to these requirements may
be considered defective.
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7.5 The Contractor shall obtain and pay for
all permits, fees and licenses necessary and ordinary
for the Work. The Contractor shall comply with all
lawful requirements applicable to the Work and shall
give and maintain any and all notices required by
applicable law pertaining to the Work.
7.6 SUPERVISION
7.6.1 The Contractor shall employ and
maintain at the Project site only competent
supervisory personnel. Absent written instruction
from the Contractor to the contrary, the
superintendent shall be deemed the Contractor's
authorized representative at the site and shall be
authorized to receive and accept any and all
communications from the Owner or the Architect.
7.6.2 Key supervisory personnel assigned by the
Contractor to this Project are as follows:
NAME FUNCTION
____________________ ____________________
____________________ ____________________
____________________ ____________________
____________________ ____________________
____________________ ____________________
So long as the individuals named above remain
actively employed or retained by the Contractor, they
shall perform the functions indicated next to their
names unless the Owner agrees to the contrary in
writing. In the event one or more individuals not
listed above subsequently assume one or more of
those functions listed above, the Contractor shall be
bound by the provisions of this Subparagraph 7.6.2 as
though such individuals had been listed above.
7.7 The Contractor, within fifteen (15) days of
commencing the Work, shall submit to the Owner
and the Architect for their information, the
Contractor's schedule for completing the Work. The
Contractor's schedule shall be revised no less
frequently than monthly (unless the parties otherwise
agree in writing) and shall be revised to reflect
conditions encountered from time to time and shall
be related to the entire Project. Each such revision
shall be furnished to the Owner and the Architect.
Failure by the Contractor to strictly comply with the
provisions of this Paragraph 7.7 shall constitute a
material breach of this Contract.
7.8 The Contractor shall continuously
maintain at the site, for the benefit of the owner and
the Architect, one record copy of this Contract
marked to record on a current basis changes,
selections and modifications made during
construction. Additionally, the Contractor shall
maintain at the site for the Owner and Architect the
approved Shop Drawings, Product Data, Samples and
other similar required submittals. Upon final
completion of the Work, all of these record
documents shall be delivered to the Owner.
7.9 SHOP DRAWINGS, PRODUCT
DATA AND SAMPLES
7.9.1 Shop Drawings, Product Data, Samples
and other submittals from the Contractor do not
constitute Contract Documents. Their purpose is
merely to demonstrate the manner in which the
Contractor intends to implement the Work in
conformance with information received from the
Contract Documents.
7.9.2 The Contractor shall not perform any
portion of the Work requiring submittal and review
of Shop Drawings, Product Data or Samples unless
and until such submittal shall have been approved by
the Architect. Approval by the Architect, however,
shall not be evidence that Work installed pursuant
thereto conforms with the requirements of this
Contract.
7.10 CLEANING THE SITE
AND THE PROJECT
7.10.1 The Contractor shall keep the site
reasonably clean during performance of the Work.
Upon final completion of the Work, the Contractor
shall clean the site and the Project and remove all
waste, rubbish, temporary structures, and other
materials together with all of the Contractor's
property therefrom. Contractor shall dispose of all
refuse at a Texas Natural Resource Conservation
Commission approved landfill. The Contractor shall
further restore all property damaged during the
prosecution of the Work and shall leave the site in a
clean and presentable condition. No additional
payment shall be made by the Owner for this work,
the compensation having been considered and
included in the contract price.
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7.11 ACCESS TO WORK AND INSPECTIONS
7.11.1 The Owner and the Architect shall have
access to the Work at all times from commencement
of the Work through final completion. The
Contractor shall take whatever steps necessary to
provide access when requested. When reasonably
requested by the Owner or the Architect, the
Contractor shall perform or cause to be performed
such testing as may be necessary or appropriate to
insure suitability of the jobsite or the Work’s
compliance with the Contract requirements. All
overtime incurred by the City for inspection services
shall be paid by the Contractor. If not paid, such cost
may be deducted from partial payments."
7.12 INDEMNITY AND DISCLAIMER
7.12.1 OWNER SHALL NOT BE LIABLE
OR RESPONSIBLE FOR, AND SHALL BE
INDEMNIFIED, DEFENDED, HELD HARMLESS
AND RELEASED BY CONTRACTOR FROM
AND AGAINST ANY AND ALL SUITS,
ACTIONS, LOSSES, DAMAGES, CLAIMS, OR
LIABILITY OF ANY CHARACTER, TYPE, OR
DESCRIPTION, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, AND
ATTORNEY'S FEES FOR INJURY OR DEATH TO
ANY PERSON, OR INJURY OR LOSS TO ANY
PROPERTY, RECEIVED OR SUSTAINED BY
ANY PERSON OR PERSONS, INCLUDING THE
CONTRACTOR, OR PROPERTY, ARISING OUT
OF, OR OCCASIONED BY, DIRECTLY OR
INDIRECTLY, THE PERFORMANCE OF
CONTRACTOR UNDER THIS AGREEMENT,
INCLUDING CLAIMS AND DAMAGES ARISING
IN WHOLE OR IN PART FROM THE
NEGLIGENCE OF OWNER, WITHOUT,
HOWEVER, WAIVING ANY GOVERN-MENTAL
IMMUNITY AVAILABLE TO THE OWNER
UNDER TEXAS LAW AND WITHOUT WAIVING
ANY DEFENSES OF THE PARTIES UNDER
TEXAS LAW. THE PROVISIONS OF THIS
INDEMNI-FICATION ARE SOLELY FOR THE
BENEFIT OF THE PARTIES HERETO AND NOT
INTENDED TO CREATE OR GRANT ANY
RIGHTS, CONTRACTUAL OR OTHERWISE, TO
ANY OTHER PERSON OR ENTITY. IT IS THE
EXPRESSED INTENT OF THE PARTIES TO THIS
AGREEMENT THAT THE INDEMNITY
PROVIDED FOR IN THIS CONTRACT IS AN
INDEMNITY EXTENDED BY CONTRACTOR TO
INDEMNIFY AND PROTECT OWNER FROM
THE CONSEQUENCES OF THE
CONTRACTOR’S AS WELL AS THE OWNER'S
NEGLIGENCE, WHETHER SUCH NEGLIGENCE
IS THE SOLE OR PARTIAL CAUSE OF ANY
SUCH INJURY, DEATH, OR DAMAGE. IN
ADDITION, CONTRACTOR SHALL OBTAIN
AND FILE WITH OWNER CITY OF COPPELL A
STANDARD CERTIFICATE OF INSURANCE
AND APPLICABLE POLICY ENDORSEMENT
EVIDENCING THE REQUIRED COVERAGE
AND NAMING THE OWNER CITY OF COPPELL
AS AN ADDITIONAL INSURED ON THE
REQUIRED COVERAGE.
7.12.2 The Contractor will secure and maintain
Contractual Liability insurance to cover this
indemnification agreement that will be primary and
non-contributory as to any insurance maintained by
the Owner for its own benefit, including self-
insurance. In addition, Contractor shall obtain and
file with Owner City of Coppell a Standard
Certificate of Insurance and applicable policy
endorsement evidencing the required coverage and
naming the Owner City of Coppell as an additional
insured on the required coverage.
7.12.3 In claims against any person or entity
indemnified under this Paragraph 7.12 by an
employee of the Contractor, a Subcontractor, anyone
directly or indirectly employed by them or anyone for
whose acts they may be liable, the indemnification
obligation under this Paragraph 7.12 shall not be
limited by a limitation on amount or type of damages,
compensation or benefits payable by or for the
Contractor or a Subcontractor under workers'
compensation acts, disability benefit acts or other
employee benefit acts.
7.13 NONDISCRIMINATION
7.13.1 The Contractor shall not discriminate in
any way against any person, employee or job
applicant on the basis of race, color, creed, national
original, religion, age, sex, or disability where
reasonable accommodations can be effected to enable
the person to perform the essential functions of the
job. The Contractor shall further insure that the
foregoing nondiscrimination requirement shall be
made a part and requirement of each subcontract on
this Project.
7.14 PREVAILING WAGE RATES
7.14.1 The Contractor shall comply in all
respects with all requirements imposed by any laws,
ordinances or resolutions applicable to the Project
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with regard to the minimum prevailing wage rates for
all classes of employees, laborers, subcontractors,
mechanics, workmen and persons furnishing labor
and services to the Project. The City of Coppell has
adopted a Prevailing Wage Rate Schedule, available
to the Contractor by request, which specifies the
classes and wage rates to be paid to all persons. The
Contractor shall pay not less than the minimum wage
rates established thereby for each class, craft or type
of labor, workman, or mechanic employed in the
execution of this Contract. The failure of the
Contractor to comply with this requirement shall
result in the forfeiture to the City of Coppell of a sum
of not less than Sixty Dollars ($60.00) for each
person per day, or portion thereof, that such person is
paid less than the prevailing rate. Upon request by
the Owner, Contractor shall make available for
inspection and copying its books and records,
including but not limited to its payroll records,
account information and other documents as may be
required by the Owner to insure compliance with this
provision.
7.15 JOB SITE SAFETY PRECAUTIONS
7.15.1 The Contractor shall at all times
exercise reasonable precautions for the safety of its
employees, laborers, subcontractors, mechanics,
workmen and others on and near the jobsite and shall
comply with all laws, ordinances, regulations, and
standards of federal, state and local safety laws and
regulations. The Contractor shall provide such
machinery guards, safe walk-ways, ladders, bridges,
and other safety devices as may be necessary or
appropriate to insure a safe and secure jobsite and
shall require its subcontractors to comply with this
requirement. The Contractor shall immediately
comply with any and all safety requirements imposed
by the Architect during the progress of the Work.
7.16 WARNING DEVICES AND BARRICADES
7.16.1 The Contractor shall furnish and maintain
such warning devices, barricades, lights, signs,
pavement markings, and other devices as may be
necessary or appropriate or required by the Architect
to protect persons or property in, near or adjacent to
the jobsite, including . No separate compensation
shall be paid to the Contractor for such measures.
Where the Work is being conducted in, upon or near
streets, alleys, sidewalks, or other rights-of-way, the
Contractor shall insure the placement, maintenance
and operation of any and all such warning devices as
may be required by the City of Coppell and shall do
so until no longer required by the City. Such devices
shall be in compliance with and conform to the
manual and specifications for the uniform system of
traffic control devices adopted by the Texas
Department of Transportation.
7.17 PROTECTION OF UTILITIES
AND OTHER CONTRACTORS
7.17.1 The Contractor shall use best efforts to
leave undisturbed and uninterrupted all utilities and
utility services provided to the jobsite or which
presently exists at, above or beneath the location
where the Work is to be performed. In the event that
any utility or utility service is disturbed or damaged
during the progress of the Work, the Contractor shall
forthwith repair, remedy or restore the utility at
Contractor’s sole expense.
7.17.2 The Contractor understands and
acknowledges that other contractors of the Owner or
of other entities may be present at the jobsite
performing other work unrelated to the Project. The
Contractor shall use best efforts to work around other
contractors without impeding the work of others
while still adhering to the completion date established
herein. In the event that the Contractor’s work is or
may be delayed by any other person, the Contractor
shall immediately give notice thereof to the Architect
and shall request a written Change Order in
accordance with the procedures set forth by this
Contract. The Contractor’s failure to provide such
notice and to request such Change Order shall
constitute a waiver of any and all claims associated
therewith.
ARTICLE VIII
CONTRACT ADMINISTRATION
8.1 THE ARCHITECT
8.1.1 When used in this Contract the term
“Architect” does not necessarily denote a duly
licensed, trained or certified architect; as used herein,
the term shall be used interchangeably and shall
mean a designated Architect, Engineer, or Contract
Administrator (who may not be an architect or
engineer) for the Owner, said person to be designated
or redesignated by the Owner prior to or at any time
during the Work hereunder. The Architect may be an
employee of the Owner or may be retained by the
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Owner as an independent contractor but, in either
event, the Architect’s duties and authority shall be as
set forth hereinafter. The Contractor understands and
agrees that it shall abide by the decisions and
instructions of the Architect notwithstanding the
contractual relationship between the Owner and
Architect. All of the Owner’s instructions to the
Contractor shall be through the Architect.
In the event the Owner should find it necessary or
convenient to replace the Architect, the Owner shall
retain a replacement Architect and the status of the
replacement Architect shall be that of the former
Architect.
8.2 ARCHITECT'S ADMINISTRATION
8.2.1 The Architect, unless otherwise directed
by the Owner in writing, will perform those duties
and discharge those responsibilities allocated to the
Architect as set forth in this Contract. The Architect
shall be the Owner's representative from the effective
date of this Contract until final payment has been
made.
8.2.2 The Owner and the Contractor shall
communicate with each other in the first instance
through the Architect.
8.2.3 The Architect shall be the initial
interpreter of the requirements of the drawings and
specifications and the judge of the performance
thereunder by the Contractor. The Architect shall
render written or graphic interpretations necessary for
the proper execution or progress of the Work with
reasonable promptness on request of the Contractor.
8.2.4 The Architect will review the
Contractor's Applications for Payment and will
certify to the Owner for payment to the Contractor,
those amounts then due the Contractor as provided in
this Contract.
8.2.5 The Architect shall have authority to
reject Work which is defective or does not conform
to the requirements of this Contract. If the Architect
deems it necessary or advisable, the Architect shall
have authority to require additional inspection or
testing of the Work for compliance with Contract
requirements.
8.2.6 The Architect will review and approve,
or take other appropriate action as necessary,
concerning the Contractor's submittals including
Shop Drawings, Product Data and Samples. Such
review, approval or other action shall be for the sole
purpose of determining conformance with the design
concept and information given through the Contract
Documents.
8.2.7 The Architect will prepare Change
Orders and may authorize minor changes in the Work
by Field Order as provided elsewhere herein.
8.2.8 The Architect shall, upon written
request from the Contractor, conduct inspections to
determine the date of Substantial Completion and the
date of final completion, will receive and forward to
the Owner for the Owner's review and records,
written warranties and related documents required by
this Contract and will issue a final Certificate for
Payment upon compliance with the requirements of
this Contract.
8.2.9 The Architect's decisions in matters
relating to aesthetic effect shall be final if consistent
with the intent of this Contract.
8.3 CLAIMS BY THE CONTRACTOR
8.3.1 The Architect shall determine all claims
and matters in dispute between the Contractor and
Owner with regard to the execution, progress, or
sufficiency of the Work or the interpretation of the
Contract Documents, including but not limited to the
plans and specifications. Any dispute shall be
submitted in writing to the Architect within seven (7)
days of the event or occurrence or the first
appearance of the condition giving rise to the claim
or dispute who shall render a written decision within
a reasonable time thereafter. The Architect’s
decisions shall be final and binding on the parties. In
the event that either party objects to the Architect’s
determination as to any submitted dispute, that party
shall submit a written objection to the Architect and
the opposing party within ten (10) days of receipt of
the Architect’s written determination in order to
preserve the objection. Failure to so object shall
constitute a waiver of the objection for all purposes.
8.3.2 Pending final resolution of any claim of
the Contractor, the Contractor shall diligently
proceed with performance of this Contract and the
Owner shall continue to make payments to the
Contractor in accordance with this Contract.
8.3.3 CLAIMS FOR CONCEALED, LATENT OR
UNKNOWN CONDITIONS - The Contractor expressly
represents that it has been provided with an adequate
opportunity to inspect the Project site and thoroughly
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review the Contract Documents and plans and
specifications prior to submission of its bid and the
Owner’s acceptance of the bid. Subject to the
conditions hereof, Contractor assumes full
responsibility and risk for any concealed, latent or
unknown condition which may affect the Work. No
claims for extra work or additional compensation
shall be made by Contractor in connection with
concealed, latent or unknown conditions except as
expressly provided herein. Should concealed, latent
or unknown conditions encountered in the
performance of the Work (a) below the surface of the
ground or (b) in an existing structure be at variance
with the conditions indicated by this Contract, or
should unknown conditions of an unusual nature
differing materially from those ordinarily
encountered in the area and generally recognized as
inherent in Work of the character provided for in this
Contract, be encountered, the Contract Price shall be
equitably adjusted by Change Order upon the written
notice and claim by either party made within seven
(7) days after the first observance of the condition.
As a condition precedent to the Owner having any
liability to the Contractor for concealed or unknown
conditions, the Contractor must give the Owner and
the Architect written notice of, and an opportunity to
observe, the condition prior to disturbing it. The
failure by the Contractor to make the written notice
and claim as provided in this Subparagraph shall
constitute a waiver by the Contractor of any claim
arising out of or relating to such concealed, latent or
unknown condition and the Contractor thereby
assumes all risks and additional costs associated
therewith.
8.3.4 CLAIMS FOR ADDITIONAL COSTS - If the
Contractor wishes to make a claim for an increase in
the Contract Price, as a condition precedent to any
liability of the Owner therefor, the Contractor shall
give the Architect written notice of such claim within
seven (7) days after the occurrence of the event, or
the first appearance of the condition, giving rise to
such claim. Such notice shall be given by the
Contractor before proceeding to execute any
additional or changed Work. The failure by the
Contractor to give such notice and to give such notice
prior to executing the Work shall constitute a waiver
of any claim for additional compensation.
8.3.4.1 In connection with any claim by the
Contractor against the Owner for compensation in
excess of the Contract Price, any liability of the
Owner for the Contractor's costs shall be strictly
limited to direct costs incurred by the Contractor and
shall in no event include indirect costs or
consequential damages of the Contractor. The
Owner shall not be liable to the Contractor for claims
of third parties, including Subcontractors. The Owner
shall not be liable to the Contractor for any claims
based upon delay to the Contractor for any reason
whatsoever including any act or neglect on the part of
the Owner.
8.3.5 CLAIMS FOR ADDITIONAL TIME - If the
Contractor is delayed in progressing any task which
at the time of the delay is then critical or which
during the delay becomes critical, as the sole result of
any act or neglect to act by the Owner or someone
acting in the Owner's behalf, or by changes ordered
in the Work, unusual delay in transportation,
unusually adverse weather conditions not reasonably
anticipated, fire or any causes beyond the
Contractor's control, then the date for achieving
Substantial Completion of the Work shall be
extended upon the written notice and claim of the
Contractor to the Owner and the Architect, for such
reasonable time as the Architect may determine. Any
notice and claim for an extension of time by the
Contractor shall be made not more than seven (7)
days after the occurrence of the event or the first
appearance of the condition giving rise to the claim
and shall set forth in detail the Contractor's basis for
requiring additional time in which to complete the
Project. In the event the delay to the Contractor is a
continuing one, only one notice and claim for
additional time shall be necessary. If the Contractor
fails to make such claim as required in this
Subparagraph, any claim for an extension of time
shall be waived. The procedures and remedies
provided by this provision shall be the sole remedy of
Contractor and Contractor shall not assert nor be
entitled to any additional delays or damages
associated therewith.
8.4 FIELD ORDERS
8.4.1 The Architect shall have authority to
order minor changes in the Work not involving a
change in the Contract Price or in Contract Time and
not inconsistent with the intent of the Contract. Such
changes shall be effected by Field Order and shall be
binding upon the Contractor. The Contractor shall
carry out such Field Orders promptly.
8.5 MEDIATION
8.5.1 In the event that a dispute arises under
the terms of this Contract, following an adverse
determination by the Architect and proper
preservation of the issue as required herein, the
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parties agree to submit to mediation. In such event,
the parties shall agree to a designated person to serve
as mediator and each party shall be responsible for
payment of one-half of the total mediation fees. The
parties shall submit the dispute to mediation as soon
as practical and in no event later than one (1) year
after the Architect’s written decision on the matter.
At least one designated representative of each party
must attend and participate in good faith in an effort
to resolve the matters in dispute.
8.5.2 In no event shall the foregoing
provision justify or authorize any delay in the
progress of the Work; the parties shall abide by the
decision of the Architect in accomplishing the timely
completion of the Project.
ARTICLE IX
SUBCONTRACTORS
9.1 DEFINITION
9.1.1 A Subcontractor is an entity which has a
direct contract with the Contractor to perform a
portion of the Work. No Subcontractor shall be in
privity with the Owner.
9.2 AWARD OF SUBCONTRACTS
9.2.1 Upon execution of the Contract, the
Contractor shall furnish the Owner, in writing, the
names of persons or entities proposed by the
Contractor to act as a Subcontractor on the Project.
The Owner shall promptly reply to the Contractor, in
writing, stating any objections the Owner may have
to such proposed Subcontractor. The Contractor
shall not enter into a subcontract with a proposed
Subcontractor with reference to whom the Owner has
made timely objection. The Contractor shall not be
required to subcontract with any party to whom the
Contractor has objection.
9.2.2 All subcontracts shall afford the
Contractor rights against the Subcontractor which
correspond to those rights afforded to the Owner
against the Contractor herein, including those rights
afforded to the Owner by Subparagraph 12.2.1
below. All subcontracts shall incorporate by
reference the provisions hereof and shall provide that
no claims, causes or demands shall be made by any
Subcontractor against the Owner.
9.2.3 The Contractor shall indemnify, defend
and hold harmless the Owner from and against any
and all claims, demands, causes of action, damage,
and liability asserted or made against the Owner by
or on behalf of any Subcontractor.
ARTICLE X
CHANGES IN THE WORK
10.1 CHANGES PERMITTED
10.1.1 Changes in the Work within the general
scope of this Contract, consisting of additions,
deletions, revisions, or any combination thereof, may
be ordered without invalidating this Contract, by
Change Order or by Field Order.
10.1.2 Changes in the Work shall be
performed under applicable provisions of this
Contract and the Contractor shall proceed promptly
with such changes.
10.2 CHANGE ORDER DEFINED
10.2.1 Change Order shall mean a written
order to the Contractor executed by the Owner and
the Architect, issued after execution of this Contract,
authorizing and directing a change in the Work or an
adjustment in the Contract Price or the Contract
Time, or any combination thereof. The Contract
Price and the Contract Time may be changed only by
written Change Order.
10.3 CHANGES IN THE CONTRACT PRICE
10.3.1 Any change in the Contract Price
resulting from a Change Order shall be determined as
follows: (a) by mutual agreement between the Owner
and the Contractor as evidenced by (1) the change in
the Contract Price being set forth in the Change
Order, (2) such change in the Contract Price, together
with any conditions or requirements related thereto,
being initialed by both parties and (3) the
Contractor's execution of the Change Order, or (b) if
no mutual agreement occurs between the Owner and
the Contractor, then, as provided in Subparagraph
10.3.2 below.
10.3.2 If no mutual agreement occurs between
the Owner and the Contractor as contemplated in
Subparagraph 10.3.1 above, the change in the
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Contract Price, if any, shall then be determined by the
Architect on the basis of the reasonable expenditures
or savings of those performing, deleting or revising
the Work attributable to the change, including, in the
case of an increase or decrease in the Contract Price,
a reasonable allowance for direct job site overhead
and profit. In such case, the Contractor shall present,
in such form and with such content as the Owner or
the Architect requires, an itemized accounting of
such expenditures or savings, plus appropriate
supporting data for inclusion in a Change Order.
Reasonable expenditures or savings shall be limited
to the following: reasonable costs of materials,
supplies, or equipment including delivery costs,
reasonable costs of labor, including social security,
old age and unemployment insurance, fringe benefits
required by agreement or custom, and workers'
compensation insurance, reasonable rental costs of
machinery and equipment exclusive of hand tools
whether rented from the Contractor or others,
reasonable costs of premiums for all bonds and
insurance, permit fees, and sales, use or other taxes
related to the Work, and reasonable cost of direct
supervision and jobsite field office overhead directly
attributable to the change. In no event shall any
expenditure or savings associated with the
Contractor's home office or other non-jobsite
overhead expense be included in any change in the
Contract Price. Pending final determination of
reasonable expenditures or savings to the Owner,
payments on account shall be made to the Contractor
on the Architect's Certificate for Payment.
10.3.3 If unit prices are provided in the
Contract, and if the quantities contemplated are so
changed in a proposed Change Order that application
of such unit prices to the quantities of Work proposed
will cause substantial inequity to the Owner or to the
Contractor, the applicable unit prices shall be
equitably adjusted.
10.4 MINOR CHANGES
10.4.1 The Architect shall have authority to
order minor changes in the Work not involving a
change in the Contract Price or an extension of the
Contract Time and not inconsistent with the intent of
this Contract. Such minor changes shall be made by
written Field Order, and shall be binding upon the
owner and the Contractor. The Contractor shall
promptly carry out such written Field Orders.
10.5 EFFECT OF EXECUTED
CHANGE ORDER
10.5.1 The execution of a Change Order by the
Contractor shall constitute conclusive evidence of the
Contractor's agreement to the ordered changes in the
Work, this Contract as thus amended, the Contract
Price and the Contract Time. The Contractor, by
executing the Change Order, waives and forever
releases any claim against the Owner for additional
time or compensation for matters relating to or
arising out of or resulting from the Work included
within or affected by the executed Change Order.
10.6 NOTICE TO SURETY; CONSENT
10.6.1 The Contractor shall notify and obtain
the consent and approval of the Contractor's surety
with reference to all Change Orders if such notice,
consent or approval are required by the Contractor's
surety or by law. The Contractor's execution of the
Change Order shall constitute the Contractor's
warranty to the Owner that the surety has been
notified of and consents to, such Change Order and
the surety shall be conclusively deemed to have been
notified of such Change Order and to have expressly
consented thereto.
ARTICLE XI
UNCOVERING AND CORRECTING WORK
11.1 UNCOVERING WORK
11.1.1 If any of the Work is covered contrary
to the Architect's request or to any provisions of this
Contract, it shall, if required by the Architect or the
Owner, be uncovered for the Architect's inspection
and shall be properly replaced at the Contractor's
expense without change in the Contract Time.
11.1.2 If any of the Work is covered in a
manner not inconsistent with Subparagraph 11.1.1
above, it shall, if required by the Architect or Owner,
be uncovered for the Architect's inspection. If such
Work conforms strictly with this Contract, costs of
uncovering and proper replacement shall by Change
Order be charged to the Owner. If such Work does
not strictly conform with this Contract, the
Contractor shall pay the costs of uncovering and
proper replacement.
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11.2 CORRECTING WORK
11.2.1 The Contractor shall immediately
proceed to correct Work rejected by the Architect as
defective or failing to conform to this Contract. The
Contractor shall pay all costs and expenses associated
with correcting such rejected Work, including any
additional testing and inspections, and reimbursement
to the Owner for the Architect's services and
expenses made necessary thereby.
11.2.2 If within one (1) year after Substantial
Completion of the Work any of the Work is found to
be defective or not in accordance with this Contract,
the Contractor shall correct it promptly upon receipt
of written notice from the Owner. This obligation
shall survive final payment by the Owner and
termination of this Contract. With respect to Work
first performed and completed after Substantial
Completion, this one year obligation to specifically
correct defective and nonconforming Work shall be
extended by the period of time which elapses
between Substantial Completion and completion of
the subject Work.
11.2.3 Nothing contained in this Paragraph
11.2 shall establish any period of limitation with
respect to other obligations which the Contractor has
under this Contract. Establishment of the one year
time period in Subparagraph 11.2.2 relates only to the
duty of the Contractor to specifically correct the
Work.
11.3 OWNER MAY ACCEPT DEFECTIVE
OR NONCONFORMING WORK
11.3.1 If the Owner chooses to accept
defective or nonconforming Work, the Owner may
do so. In such event, the Contract Price shall be
reduced by the greater of (a) the reasonable cost of
removing and correcting the defective or
nonconforming Work, and (b) the difference between
the fair market value of the Project as constructed and
the fair market value of the Project had it not been
constructed in such a manner as to include defective
or nonconforming Work. If the remaining portion of
the unpaid Contract Price, if any, is insufficient to
compensate the Owner for its acceptance of defective
or nonconforming Work, the Contractor shall, upon
written demand from the Owner, pay the Owner such
remaining compensation for accepting defective or
nonconforming Work.
ARTICLE XII
CONTRACT TERMINATION
12.1 TERMINATION BY THE CONTRACTOR
12.1.1 If the Work is stopped for a period of
ninety (90) days by an order of any court or other
public authority, or as a result of an act of the
Government, through no fault of the Contractor or
any person or entity working directly or indirectly for
the Contractor, the Contractor may, upon ten (10)
days' written notice to the Owner and the Architect,
terminate performance under this Contract and
recover from the Owner payment for the actual
reasonable expenditures of the Contractor (as limited
in Subparagraph 10.3.2 above) for all Work executed
and for materials, equipment, tools, construction
equipment and machinery actually purchased or
rented solely for the Work, less any salvage value of
any such items.
12.1.2 If the Owner shall persistently or
repeatedly fail to perform any material obligation to
the Contractor for a period of fifteen (15) days after
receiving written notice from the Contractor of its
intent to terminate hereunder, the Contractor may
terminate performance under this Contract by written
notice to the Architect and the Owner. In such event,
the Contractor shall be entitled to recover from the
Owner as though the Owner had terminated the
Contractor's performance under this Contract for
convenience pursuant to Subparagraph 12.2.1
hereunder.
12.2 TERMINATION BY THE OWNER
12.2.1 FOR CONVENIENCE
12.2.1.1 The Owner may for any reason
whatsoever terminate performance under this
Contract by the Contractor for convenience. The
Owner shall give written notice of such termination
to the Contractor specifying when termination
becomes effective.
12.2.1.2 The Contractor shall incur no further
obligations in connection with the Work and the
Contractor shall stop Work when such termination
becomes effective. The Contractor shall also
terminate outstanding orders and subcontracts. The
Contractor shall settle the liabilities and claims
arising out of the termination of subcontracts and
orders. The Owner may direct the Contractor to
assign the Contractor's right, title and interest under
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terminated orders or subcontracts to the Owner or its
designee.
12.2.1.3 The Contractor shall transfer title and
deliver to the Owner such completed or partially
completed Work and materials, equipment, parts,
fixtures, information and Contract rights as the
Contractor has.
12.2.1.4 (a) The Contractor shall submit a
termination claim to the Owner and
the Architect specifying the amounts
due because of the termination for
convenience together with costs,
pricing or other data required by the
Architect. If the Contractor fails to
file a termination claim within one (1)
year from the effective date of
termination, the Owner shall pay the
Contractor, an amount derived in
accordance with subparagraph (c)
below.
(b) The Owner and the Contractor may
agree to the compensation, if any, due
to the Contractor hereunder.
(c) Absent agreement to the amount due
to the Contractor, the Owner shall
pay the Contractor the following
amounts:
(i) Contract prices for labor, materials,
equipment and other services
accepted under this Contract;
(ii) Reasonable costs incurred in
preparing to perform and in
performing the terminated portion of
the Work, and in terminating the
Contractor's performance, plus a fair
and reasonable allowance for
overhead and profit thereon (such
profit shall not include anticipated
profit or consequential damages),
provided however, that if it appears
that the Contractor would have not
profited or would have sustained a
loss if the entire Contract would have
been completed, no profit shall be
allowed or included and the amount
of compensation shall be reduced to
reflect the anticipated rate of loss, if
any;
(iii) Reasonable costs of settling and
paying claims arising out of the
termination of subcontracts or orders
pursuant to Subparagraph 12.2.1.2 of
this Paragraph. These costs shall not
include amounts paid in accordance
with other provisions hereof.
The total sum to be paid the Contractor under this
Subparagraph 12.2.1 shall not exceed the total
Contract Price, as properly adjusted, reduced by the
amount of payments otherwise made, and shall in no
event include duplication of payment.
12.2.2 FOR CAUSE
12.2.2.1 If the Contractor persistently or
repeatedly refuses or fails to prosecute the Work in a
timely manner, abandons the jobsite and fails to
resume work within five (5) days of written notice
thereof by the Owner, fails to grant or allow access to
the jobsite by the Owner or Architect, fails to supply
enough properly skilled workers, supervisory
personnel or proper equipment or materials, fails to
make prompt payment to Subcontractors or for
materials or labor, persistently disregards laws,
ordinances, rules, regulations or orders of any public
authority having jurisdiction, or otherwise is guilty of
a violation of a material provision of this Contract,
then the Owner may by written notice to the
Contractor, without prejudice to any other right or
remedy, terminate the employment of the Contractor
and take possession of the site and of all materials,
equipment, tools, construction equipment and
machinery thereon owned by the Contractor and may
finish the Work by whatever methods it may deem
expedient. In such case, the Contractor shall not be
entitled to receive any further payment until the
Work is finished.
12.2.2.2 If the unpaid balance of the Contract
Price does not exceed the cost of finishing the work,
including compensation for the Architect's additional
services and expenses made necessary thereby, such
difference shall be paid by the Contractor to the
Owner. This obligation for payment shall survive the
termination of the Contract.
12.2.2.3 In the event the employment of the
Contractor is terminated by the Owner for cause
pursuant to Subparagraph 12.2.2 and it is
subsequently determined by a Court of competent
jurisdiction that such termination was without cause,
such termination shall thereupon be deemed a
Termination for Convenience under Subparagraph
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12.2.1 and the provisions of Subparagraph 12.2.1
shall apply.
ARTICLE XIII
INSURANCE
13.1 CONTRACTOR SHALL
MAINTAIN INSURANCE
13.1.1 The Contractor at his own expense shall
purchase, maintain and keep in force during the life
of this contract, adequate insurance that will protect
the Contractor and/or any Additional Insured from
claims which may arise out of or result from
operations under this contract. The insurance required
shall provide adequate protections from all claims,
whether such operations be by the Contractor or by
any Additional Insured or by any Subcontractor or by
anyone directly or indirectly employed by any of
them, or by anyone whose acts of any of them may
be liable and from any special hazards, such as
blasting, which may be encountered in the
performance of this contract in the amounts as shown
below in Paragraph 13.2.1.
13.1.2 The Contractor shall not commence
work on any Contract in the City of Coppell until the
Contractor has obtained all the insurance required
under this paragraph and such insurance has been
approved by the City.
13.2 TYPES AND AMOUNTS OF
CONTRACTOR’S INSURANCE
13.2.1. The Contractor shall furnish and
maintain during the life of the contract adequate
Worker's Compensation and Commercial General
Liability (Public) Insurance in such amounts as
follows:
Type of Insurance Amount
Worker's Compensation as set forth in the Worker's
Compensation Act.
Commercial General $1,000,000 Each
Accident/Occurrence.
Liability (Public) $1,000,000 Aggregate
$1,000,000 Products &
Completed Operations
Aggregate.
Owner’s Protective $600,000 per occurrence
Liability Insurance $1,000,000 aggregate
Excess/Umbrella Liability $1,000,000 per occurrence
w/drop down coverage
Endorsement CG 2503 Amendment Aggregate
Limit of Insurance per
Project or Owner's and
Contractor's Protective
Liability Insurance for the
Project.
Automobile Liability $500,000 Combined
single limit per
occurrence.
13.3 ADDITIONAL INSURED
The Owner shall be named as an additional insured
on the Commercial General Liability (Public),
Owner’s Protective Liability, and Excess/Umbrella
Liability Insurance Policies furnished by the
Contractor.
13.4 WRITTEN NOTIFICATION
Each insurance policy shall contain a provision
requiring that thirty (30) days prior to expiration,
cancellation, non-renewal or any material change in
coverage, a notice there of shall be given by certified
mail to the Division of Purchasing, City of Coppell,
255 Parkway Blvd., Coppell, Texas, 75019.
13.5 PREMIUMS AND ASSESSMENTS
Companies issuing the insurance policies shall have
no recourse against the City for payment of any
premiums or assessments for any deductibles which
are at the sole responsibility and risk of the
Contractor.
13.6 CERTIFICATE OF INSURANCE
Proof that the insurance is in force shall be furnished
to the City on City of Coppell Standard Certificate of
Insurance Forms. In the event any insurance policy
shown on the Certificate of Insurance has an
expiration date that is prior to the completion and
final acceptance of the project by the City of Coppell,
the contractor shall furnish the City proof of identical
continued coverage no later than thirty(30) days prior
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to the expiration date shown on the Certificate of
Insurance.
13.7 PRIMARY COVERAGE
The coverages provided herein shall be primary and
noncontributory with any other insurance maintained
by the City of Coppell, Texas, for its benefit,
including self insurance.
13.8 WORKER’S COMPENSATION
INSURANCE COVERAGE
13.8.1 The Contractor shall:
(1) provide coverage for its employees
providing services on a project, for the
duration of the project based on proper
reporting of classification codes and
payroll amounts and filing of any
coverage agreements;
(2) provide a certificate of coverage showing
workers' compensation coverage to the
governmental entity prior to beginning
work on the project;
(3) provide the governmental entity prior to
the end of the coverage period, a new
certificate of coverage showing extension
of coverage, if the coverage period shown
on the contractor's current certificate of
coverage ends during the duration of the
project;
(4) obtain from each person providing
services on a project, and provide to the
governmental entity:
(A) a certificate of coverage, prior to that
person beginning work on the project,
so the governmental entity will have
on file certificates of coverage
showing coverage for all persons
providing services on the project; and
(B) no later than seven days after receipt
by the contractor, a new certificate of
coverage showing extension of
coverage, if the coverage period
shown on the current certificate of
coverage ends during the duration of
the project;
(5) retain all required certificates of coverage
on file for the duration of the project and
for one year thereafter;
(6) notify the governmental entity in writing
by certified mail or personal delivery,
within 10 days after the contractor knew
or should have known, of any change that
materially affects the provision of
coverage of any person providing services
on the project;
(7) post a notice on each project site
informing all persons providing services
on the project that they are required to be
covered, and stating how a person may
verify current coverage and report failure
to provide coverage. This notice does not
satisfy other posting requirements
imposed by the Act or other commission
rules. This notice must be printed with a
title in at least 30 point bold type and text
in at least 19 point normal type, and shall
be in both English and Spanish and any
other language common to the worker
population. The text for the notices shall
be the following text provided by the
Texas Worker’s Compensation Comm-
ission on the sample notice, without any
additional words or changes:
REQUIRED WORKERS' COMPENSATION
COVERAGE
"The law requires that each person working on this
site or providing services related to this construction
project must be covered by workers' compensation
insurance. This includes persons providing, hauling,
or delivering equipment or materials, or providing
labor or transportation or other service related to the
project, regardless of the identity of their employer or
status as an employee."
"Call the Texas Workers' Compensation Commission
at 512-440-3789 to receive information on the legal
requirement for coverage, to verify whether your
employer has provided the required coverage, or to
report an employer's failure to provide coverage."
and
(8) contractually require each person with
whom it contracts to provide services on a
project, to:
(A) provide coverage based on proper
reporting of classification codes
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and payroll amounts and filing of
any coverage agreements for all of
its employees providing services on
the project, for the duration of the
project;
(B) provide a certificate of coverage to
the contractor prior to that person
beginning work on the project;
(C) include in all contracts to provide
services on the project the language
in subsection (e)(3) of this rule;
(D) provide the Contractor, prior to the
end of the coverage period, a new
certificate of coverage showing
extension of coverage, if the
coverage period shown on the
current certificate of coverage ends
during the duration of the project;
(E) obtain from each other person with
whom it contracts, and provide to
the Contractor:
(i) a certificate of coverage,
prior to the other person
beginning work on the
project; and
(ii) prior to the end of the
coverage period, a new
certificate of coverage
showing extension of the
coverage period, if the
coverage period shown on
the current certificate of
coverage ends during the
duration of the project;
(F) retain all required certificates of
coverage on file for the duration of
the project and for one year
thereafter;
(G) notify the governmental entity in
writing by certified mail or
personal delivery, within 10 days
after the person knew or should
have known, of any change that
materially affects the provision of
coverage of any person providing
services on the project; and
(H) contractually require each other
person with whom it contracts, to
perform as required by sub-
paragraphs (A) - (H) of this
paragraph, with the certificate of
coverage to be provided to the
person for whom they are
providing services.
ARTICLE XIV
MISCELLANEOUS
14.1 LAWS AND ORDINANCES
14.1.1 The Contractor shall at all times and in
all respects observe and comply with all federal, state
and local laws, ordinances, and regulations applicable
to the Project and Work. The Contractor shall further
insure that all Subcontractors observe and comply
with said laws, ordinances and regulations.
14.2 GOVERNING LAW
14.2.1 The Contract shall be governed by the
laws of the State of Texas. Venue for any causes of
action arising under the terms or provisions of this
Contract or the Work to be performed hereunder shall
be in the courts of Dallas County, Texas.
14.3 SUCCESSORS AND ASSIGNS
14.3.1 The Owner and Contractor bind
themselves, their successors, assigns and legal
representatives to the other party hereto and to
successors, assigns and legal representatives of such
other party in respect to covenants, agreements and
obligations contained in this Contract. The
Contractor shall not assign this Contract without
written consent of the Owner.
14.4 SURETY BONDS
14.4.1 If the Contract Price exceeds the sum of
$25,000.00, the Contractor shall furnish separate
performance and payment bonds to the Owner,
according to the requirements set out in the bid
documents and state statutes to guaranty full and
faithful performance of the Contract and the full and
final payment of all persons supplying labor or
materials to the Project. Each bond required by the
bid documents or state statute shall set forth a penal
sum in an amount not less than the Contract Price.
BID Q-0410-03 TOWN CENTER WINDOW REPLACEMENT
14.7 NOTICES Each bond furnished by the Contractor shall
incorporate by reference the terms of this Contract as
fully as though they were set forth verbatim in such
bonds. In the event the Contract Price is adjusted by
Change Order executed by the Contractor, the penal
sum of both the performance bond and the payment
bond shall be deemed increased by like amount. The
performance and payment bonds furnished by the
Contractor shall be in form suitable to the Owner and
shall be executed by a surety, or sureties, reasonably
suitable to the Owner and authorized to do business
in the State of Texas by the State Board of Insurance.
14.6.1 All notices required by this Contract
shall be presumed received when deposited in the
mail properly addressed to the other party or
Architect at the address set forth herein or set forth in
a written designation of change of address delivered
to all parties and the Architect.
14.4.2 If the Contract Price exceeds the sum of
$25,000.00, the Contractor, upon execution of the
Contract and prior to commencement of the Work,
shall furnish to the Owner a two-year maintenance
bond in the amount of one hundred percent (100%) of
the Contract Price covering the guaranty and
maintenance prescribed herein, written by an
approved surety authorized and duly licensed to
conduct business in the State of Texas. The cost of
said maintenance bond shall be included in the
Contractor’s unit bid prices and shall be paid by the
Contractor.
14.5 SEVERABILITY
14.5.1 The provisions of this Contract are
herein declared to be severable; in the event that any
term, provision or part hereof is determined to be
invalid, void or unenforceable, such determination
shall not affect the validity or enforceability of the
remaining terms, provisions and parts, and this
Contract shall be read as if the invalid, void or
unenforceable portion had not be included herein.
14.6 AMENDMENTS
14.6.1 This Contract may be amended by the
parties only by a written agreement duly executed by
both parties. The failure of the Owner to object to
any nonperformance or nonconforming work or to
enforce any provision hereof shall in no event be
regarded as or construed to be a waiver, release or
modification of any term or provision in this
Contract, nor shall such failure to object or enforce
estop the Owner from insisting on strict compliance
with this Contract or from recovering damages, costs
or expenses arising as a result of such
nonperformance or nonconforming work.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 21
BID Q-0410-03 TOWN CENTER WINDOW REPLACEMENT
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 22
EXECUTED in single or multiple originals, this _____ day of ______________, 20____.
CITY OF COPPELL CONTRACTOR:
APPROVED:
___________________________________ _________________________________
City Manager (Signature)
_________________________________
(Type/Print Name and Title)
ATTEST: __________________________________
(Street Address)
___________________________________ __________________________________
City Secretary (City/State/Zip)
___________________________________
President CRDC
ATTEST:
___________________________________
BID Q-0410-03 TOWN CENTER WINDOW REPLACEMENT
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 23
CORPORATE ACKNOWLEDGMENT
THE STATE OF ____________________
COUNTY OF ______________________
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally
appeared:
_______________________________ _______________________________
(Print Name) (Print Title)
of _____________________________, the Contractor designated hereinabove, known to me to be the person and
officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of
the said Contractor, a corporation, that he was duly authorized to perform the same by appropriate resolution of the
board of directors of such corporation and that he executed the same as the act and deed of such corporation for the
purposes and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _____ day of ________________, A.D., 20__.
__________________________________________
Notary Public In and For
__________________County, _________________
My Commission expires: _________________
CITY MANAGER’S ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this
day personally appeared the undersigned, City Manager of the City of Coppell, Texas, a municipal corporation,
known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged
to me that the same was the act of the said City of Coppell, Texas, a municipal corporation, that he/she was duly
authorized to perform the same by appropriate resolution of the City Council of the City of Coppell and that he/she
executed the same as the act of the said City for purpose and consideration therein expressed, and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____ day of ____________, A.D.,
20___.
__________________________________
Notary Public in and for the State of Texas
My Commission expires: __________________
BID Q-0410-03 TOWN CENTER WINDOW REPLACEMENT
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 24
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DALLAS §
KNOW ALL MEN BY THESE PRESENTS: That
________________________________________________________________whose address is
______________________________________________________________________________
hereinafter called Principal, and
____________________________________________________, a corporation organized and
existing under the laws of the State of _______________ and fully licensed to transact business
in the State of Texas, as Surety, are held and firmly bound unto the CITY OF COPPELL,
TEXAS a municipal corporation organized and existing under the laws of the State of Texas, a
municipal corporation organized and existing under the laws of the State of Texas, hereinafter
called "Owner”, in the penal sum of ___________________________________
________________________________________________ dollars ($_____________ ) in lawful
money of the United States, to be paid in Dallas County, Texas, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors
jointly and severally, firmly by these presents. This Bond shall automatically be increased by the
amount of any Change Order or Supplemental Agreement which increases the Contract price, but
in no event shall a Change Order or Supplemental Agreement which reduces the Contract price
decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract with the City of Coppell, the Owner, dated the __________ day of
___________, 2006, which is made a part hereof by reference, for the construction of certain
public improvements that are generally described as follows:
Construction of the :
Town Center Replacement Window
Bid No. Q-0410-03
___________
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, conditions and agreements of said Contract in
accordance with the plans, specifications and Contract documents during the original term
thereof and any extension thereof which may be granted by the Beneficiary, with or without
notice to the Surety, and during the life of any guaranty or warranty required under this Contract,
and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions
and agreements of any and all duly authorized modifications of said Contract that may hereafter
be made, notice of which modifications to the Surety being hereby waived; and, if the Principal
shall repair and/or replace all defects due to faulty materials and workmanship that appear within
a period of one (1) year from the date of final completion and final acceptance of the Work by
Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from all
costs and damages which Beneficiary may suffer by reason of failure to so perform herein and
shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may
incur in making good any default of deficiency, then this obligation shall be void; otherwise, it
shall remain in full force and effect.
BID Q-0410-03 TOWN CENTER WINDOW REPLACEMENT
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 25
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue
shall lie in Dallas County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to Contract or to the
Work performed thereunder, or the specifications accompanying the same shall in anyway affect
its obligation on this Bond, and it does hereby waive notice of any such change, extension of
time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications.
This Bond is given pursuant to the provisions of Article 5160 of Vernon's Annotated
Civil Statutes, and any other applicable statues of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Tarrant County or Dallas County to whom any requisite notices may be
delivered and on whom service of process may be had in matters arising out of such suretyship,
as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the
State of Texas.
IN WITNESS WHEREOF, this instrument is executed in ___________copies, each one
of which shall be deemed an original, this, the__________ day of ________________., 20___.
PRINCIPAL SURETY
___________________________________
By: __________________________ By:
Title ______________________________ Title:
ATTEST: ATTEST:
The Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and
service of the process is:
NAME:
_________________________________________________________________________
ADDRESS
__________________________________________________________________
NOTE: Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a
person's name.
BID Q-0410-03 TOWN CENTER WINDOW REPLACEMENT
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 26
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DALLAS §
KNOW ALL MEN BY THESE PRESENTS: That
________________________________________________________________whose address is
______________________________________________________________________________
hereinafter called Principal, and
____________________________________________________, a corporation organized and
existing under the laws of the State of _______________ and fully licensed to transact business
in the State of Texas, as Surety, are held and firmly bound unto the CITY OF COPPELL,
TEXAS a municipal corporation organized and existing under the laws of the State of Texas, a
municipal corporation organized and existing under the laws of the State of Texas, hereinafter
called "Owner”, in the penal sum of ___________________________________
________________________________________________ dollars ($_____________ ) in lawful
money of the United States, to be paid in Dallas County, Texas, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors
jointly and severally, firmly by these presents. This Bond shall automatically be increased by the
amount of any Change Order or Supplemental Agreement which increases the Contract price, but
in no event shall a Change Order or Supplemental Agreement which reduces the Contract price
decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract with the City of Coppell, the Owner, dated the __________ day of
___________, 2006, which is made a part hereof by reference, for the construction of certain
public improvements that are generally described as follows:
Construction of the:
Town Center Replacement Window
__Bid No. Q-0410-03_____
___________
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill
its duties and make prompt payment to all persons, firms, subcontractors, corporations and
claimants supplying labor and/or material in the prosecution of the Work provided for in said
Contract and any and all duly authorized modifications of said Contract that may hereafter be
made. notice of which modification to the Surety is hereby expressly waived; the this obligation
shall be void; otherwise it shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue
shall lie in Dallas County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to Contract or to the Work
performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same, shall
in anywise affect its obligation on this Bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be
performed thereunder.
BID Q-0410-03 TOWN CENTER WINDOW REPLACEMENT
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 27
This Bond is given pursuant to the provisions of Article 5160 of Vernon's Annotated
Civil Statutes, and any other applicable statues of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Tarrant County or Dallas County to whom any requisite notices may be
delivered and on whom service of process may be had in matters arising out of such suretyship,
as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the
State of Texas.
IN WITNESS WHEREOF, this instrument is executed in ___________copies, each one
of which shall be deemed an original, this, the__________ day of ________________., 20___.
PRINCIPAL SURETY
___________________________________
By: __________________________ By:
Title ______________________________ Title:
ATTEST: ATTEST:
The Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and
service of the process is:
NAME: _____________________________________________________________________
ADDRESS
__________________________________________________________________
NOTE: Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a
person's name.
AGENDA REQUEST FORM DATE: May 11, 2010
ITEM #: 17
CITY MANAGER'S REPORT
A. Project Update and Future Agendas.
Agenda Request Form - Revised 09/027 Document Name: %manrep
AGENDA REQUEST FORM DATE: May 11, 2010
ITEM #: 18
MAYOR AND COUNCIL REPORTS
A. Report by Mayor Peters regarding the Metroplex Mayors’ Meeting.
B. Report by Mayor Peters regarding Bounce! To be held on May 15th from
10:00 a.m. until 2:00 p.m. at Wagon Wheel Park.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
AGENDA REQUEST FORM DATE: May 11, 2010
ITEM #: 19
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: May 11, 2010
ITEM #: 20
NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec
CERTIFICATE OF AGENDA ITEM SUBMISSION
Council Meeting Date: May 11, 2010
Department Submissions:
Item Nos. 13 and 14 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. 12/C, 12/D, 15 and 16 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. 12/E, 12/F, 12/G, 12/H, 12/I, and 12/J 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 Age da and Packet for the n
above-referenced City Council Meeting and hereby submit the same to the
City Council for consideration.
____________________
City Manager
(or Deputy City Manager)