CP 2011-07-26
NOTICE OF CITY COUNCIL MEETING AND AGENDA
JULY 26, 2011
DOUG STOVER MARSHA TUNNELL, Place 4
Mayor Mayor Pro Tem
TIM BRANCHEAU, Place 1 BILLY FAUGHT, Place 5
BOB MAHALIK, Place 2 MARVIN FRANKLIN, Place 6
BRIANNA HINOJOSA-FLORES, Place 3 KAREN HUNT, Place 7
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, July 26, 2011, 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, Texas Government Code - Consultation with City
Attorney and Section 551.072 – Deliberation regarding Real
Property.
1. Seek legal advice from the City Attorney concerning the
settlement and land purchase agreements with the
Billingsleys at Northlake.
B. Section 551.072, Texas Government Code - Deliberation regarding
Real Property.
1. Discussion regarding land located north of Bethel Road and
east of S. Coppell Road.
2. Discussion regarding land located south of Bethel Road and
west of S. Coppell Road.
C. Section 551.087, Texas Government Code – Economic
Development Negotiations.
1. Economic Development prospects north of Bethel Road and
west of Freeport Parkway.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion concerning potential construction issues on Deforest
Road.
B. Discussion regarding Council Goals.
C. Discussion regarding Citizens’ Summit.
D. Discussion regarding Municipal Elections.
E. Discussion of Agenda Items.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
6. Pledge of Allegiance.
7. Recognize citizens graduating from the Coppell Citizens’ Fire Academy
Class #1.
8. Report by Economic Development Committee.
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ITEM # ITEM DESCRIPTION
9. Citizens' Appearances
10. Consider approval of the minutes for July 12, 2011.
11. Consider approval of the review of the written Debt Policy of the City of
Coppell.
12. Consider approval of an Ordinance authorizing the issuance and sale of
City of Coppell, Texas, Combination Tax and Limited Surplus Revenue
Certificates of Obligation, Series 2011 in the approximate amount of
$8,915,000, levying an ad valorem tax and making provisions for the
security thereof; approving the official statement; providing an effective
date; enacting other provisions relating to the subject and authorizing the
Mayor Pro Tem to sign.
13. Consider approval of an Ordinance authorizing the issuance and sale of
City of Coppell, Texas, General Obligation Refunding and Improvement
Bonds, Series 2011, in the approximate amount of $13,950,000, levying an
annual ad valorem tax for payment of said bonds; approving the official
statement; calling outstanding obligations for redemption; providing an
effective date; enacting other provisions relating to the subject and
authorizing the Mayor Pro Tem to sign.
14. Consider approval of an Engineering Services contract with Teague Nall
and Perkins in the amount of $78,500.00 for the Alex Drive canal
rehabilitation; as provided for in the Infrastructure Maintenance Fund; and
authorizing the City Manager to sign and execute necessary documents.
15. Consider approval of an ordinance amending Article 8-3 Parking, Section
8-3-1(A) of the Code of Ordinances for the City of Coppell to provide for
no parking zones on Willow Lane, Shadydale Lane, and Oak Trail; and
authorizing the Mayor Pro Tem to sign any necessary documents.
16. Consider approval of an addendum to the current Administrative Services
Agreement for the third party administrative services with UMR, Inc. in the
amount of $142,086.72 and authorizing the City Manager to sign all
necessary documents.
17. Consider approval of awarding a Request for Proposal (RFP) #0105 for the
procurement of medical stop loss insurance to ING in the amount of
$265,059.00 and authorizing to City Manager to sign all necessary
documents.
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ITEM # ITEM DESCRIPTION
18. Consider approval of a resolution authorizing the Mayor and/or City
Manager to execute the appropriate funding to the Community
Development Block Grant Funds Agreement with Dallas County, Texas, for
fiscal years 2012, 2013 and 2014.
19. City Manager's Report.
A. Project Update and Future Agendas.
20. Mayor and Council Reports.
A. Report by Mayor Stover regarding the Summer Music Series in
August.
21. Public Service Announcements concerning items of community interest
and no Council action or deliberation is permitted.
22. Council Committee Reports.
A. Carrollton/Farmers Branch ISD/Lewisville ISD – Tunnell.
B. Coppell ISD – Mahalik and Hinojosa-Flores.
C. Coppell Seniors – Brancheau and Faught.
D. Dallas Regional Mobility Coalition –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.
K. North Texas Commission – Hunt.
L. Senior Adult Services – Franklin.
23. Necessary action resulting from Executive Session.
Adjournment.
____________________________________
Douglas N. Stover, Mayor
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ITEM # ITEM DESCRIPTION
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 22nd day of July, 2011, at
__________________.
____________________________________
Christel Pettinos, City Secretary
DETAILED INFORMATION REGARDING THIS AGENDA IS AVAILABLE ON
THE CITY'S WEBSITE (www.coppelltx.gov) UNDER PUBLIC DOCUMENTS,
COUNCIL PACKETS.
PUBLIC NOTICES
STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require
special services (i.e. sign interpretative services, alternative audio/visual devices, and
amanuenses) for participation in or access to the City of Coppell sponsored public
programs, services and/or meetings, the City requests that individuals make requests for
these services forty-eight (48) hours ahead of the scheduled program, service and/or
meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or
other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989).
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KEY TO COUNCIL GOALS ICONS
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: July 26, 2011
ITEM #: ES-2
EXECUTIVE SESSION
A. Section 551.071, Texas Government Code - Consultation with City Attorney and
Section 551.072 – Deliberation regarding Real Property.
1. Seek legal advice from the City Attorney concerning the settlement and land
purchase agreements with the Billingsleys at Northlake.
B. Section 551.072, Texas Government Code - Deliberation regarding Real Property.
1. Discussion regarding land located north of Bethel Road and east of S.
Coppell Road.
2. Discussion regarding land located south of Bethel Road and west of S.
Coppell Road.
C. Section 551.087, Texas Government Code – Economic Development Negotiations.
1. Economic Development prospects north of Bethel Road and west of Freeport
Parkway.
Agenda Request Form - Revised 02/04 Document Name: %exsessn
MEMORANDUM
TO: Kenneth M. Griffin, P.E., CFM, Director of Engineering & Public Works
FROM: George S. Marshall, P.E., CFM, Civil Engineer
DATE: July 26, 2011
REF: Discussion concerning potential construction issues on Deforest Road.
The Engineering Department has been in communication with the Lakes of Coppell HOA in regards
to the reconstruction of Deforest Road and the future of the wood fence screening the south side of
the road. The Lakes of Coppell HOA Board made the following offer on June 16th, 2011: “The
Board of Directors for Lakes of Coppell met last night and would like to make an offer to you. The
Board is willing to accept $250,000 from the City of Coppell for construction of a new brick
screening wall in place of the current wood fence which the Association will contract to be built to
spec and pay the remaining expenses.”
In discussions with the board, the Engineering Department has stated that if during the course of
construction a portion of the existing wood fence needs to be removed then it will be removed and
salvaged or replaced to as good or better condition.
Since Deforest Road is not a primary image zone, the initial developer of Raintree Village requested
a variance to the zoning ordinance which requires a masonry screening wall along Deforest Road.
In 1996 the Lakes of Coppell HOA acquired several easements from the City to construct and
maintain the wood fence within the public right of way and along the south side of Deforest Road.
During the design process of Deforest Road, there was citizen consensus in support of constructing
sidewalks on both sides of the road and trying to save as many trees as possible. The new roadway
will consist of 28’ wide paving (typical residential street) with 5’ sidewalks on both sides against
the curb. The new centerline of the roadway has been shifted south by approximately 10’ to save as
much of the existing landscaping and trees on the north side of the road. Due to the elevation
differences between Deforest Road and the alleys to the south, the plans call for 2 types of retaining
walls; one to support the alley (Retaining Wall with Integral Sidewalk, Section A-A) and the other
to support the roadway (TxDOT Style Retaining Wall, Section B-B). These walls range from 1ft to
6ft tall and run the majority of the length of Deforest.
Section A-A:
The face of the retaining wall with integral sidewalk will be visible as you drive down Deforest
Road and its construction will not be in conflict with the existing wood fence. There is
approximately 1650’ of this type of retaining wall.
Section B-B:
The face of the TxDOT style retaining wall will not be visible as you drive down Deforest Road
and will require a pedestrian and vehicular railing along the length of the wall due to the drop
off adjacent to the sidewalk. This wall has a large footing which will potentially be in conflict
with the existing wood fence. There is approximately 1050’ of footing potentially in conflict
with the existing wood fence.
The challenge with building a brick screening wall along the south side of Deforest Road is that the
screening wall would need to be placed directly on top of the retaining wall and directly next to the
sidewalk. The proposed retaining wall would need to be redesigned to support the different type of
loading on top of the wall.
The Engineering Department has developed a rough estimate of additional cost for the addition of a
brick screening wall and removing any items that might be deemed unnecessary from the plans.
The approximate estimate is $566,000. This includes the cost of design & construction of the
screening wall and additional cost of engineering & construction of the retaining wall.
Staff will be available to answer any questions at the Council meeting.
George Marshall - Lakes of Coppell Deforest Road Project
Hi George,
The Board of Directors for Lakes of Coppell met last night and would like to make an offer to you. The Board is
willing to accept $250,000 from the City of Coppell for construction of a new brick screening wall in place of the
current wood fence which the Association will contract to be built to spec and pay the remaining expenses.
I look forward to hearing back from you so we all can proceed with the road and wall projects.
Thanks,
Alison DeCarlucci
Association Manager
RTI/Community Management Associates, Inc., "CMA"
Winner of the American Business Ethics Award
and Greater Dallas Business Ethics Award
1800 Preston Park Blvd.
Suite #240
Plano, TX 75093
Phone: (972) 943-2852
Fax: (214) 778-0550
aldecarlucci@cmamanagement.com
Customer Service: www.cmamanagement.com
PRIVILEGED AND CONFIDENTIAL
This electronic message and any attachments thereto is intended only for the
use of the individual or entity to which it is addressed and may contain
information that is privileged, confidential and exempt from disclosure under
applicable law. If the reader of this message is not the intended recipient,
or the employee or agent responsible for delivering the message to the intended
recipient, you are hereby notified that any dissemination, distribution or
copying of this communication is strictly prohibited. If you have received
this communication in error, please notify us immediately by telephone or email
and delete the message.
From: "Alison Decarlucci" <aldecarlucci@cmamanagement.com>
To: "George Marshall" <gmarshall@coppelltx.gov>
Date: 6/16/2011 3:27 PM
Subject: Lakes of Coppell Deforest Road Project
CC: <PTS90@aol.com>, "Ken Griffin" <KGRIFFIN@coppelltx.gov>
Page 1 of 1
7/11/2011file://C:\Users\gmarshall\AppData\Local\Temp\XPgrpwise\4DFA20FBCity_of_CoppellTo...
George Marshall - Fwd: RE: Deforest Lakes of Coppell HOA mtg
FYI
>>> David Dodd <ddodd@njdhs.com> 5/12/2011 10:49 AM >>>
I have reviewed the easements and documents you sent me. The HOA has an easement in our Right of Way.
The HOA does not have exclusive use of the area. We still have the Right of Way and can construct the road
without approval from the HOA.
From: Ken Griffin [mailto:kgriffin@coppelltx.gov]
Sent: Wednesday, May 11, 2011 4:48 PM
To: David Dodd
Subject: Fwd: Deforest Lakes of Coppell HOA mtg
David
This is information concerning a wall maintenance easement from the city of Coppell to the Lakes of
Coppell HOA in the 90's. we are trying to proceed with the construction of Deforest and the HOA
stated that their attorney stated that we couldn't encroach on the wall easement, that's in our right of
way, without the HOA approval. Of course, they will give that approval if we build them a new brick
wall.
What I need is an opinion on our rights as it pertains to the wall maintenance easement.
Thanks
Ken Griffin, P. E., CFM
Director of Engineering & Public Works
972-304-3686
kgriffin@coppelltx.gov
From: Ken Griffin
To: George Marshall
Date: 5/12/2011 11:03 AM
Subject: Fwd: RE: Deforest Lakes of Coppell HOA mtg
Page 1 of 1
7/19/2011file://C:\Users\gmarshall\AppData\Local\Temp\XPgrpwise\4DCBBE78City_of_CoppellT...
Created in AutoCAD1 INCH = 500 FEET0S:\CAD\In_Design\ST05-01 Deforest\dwg\6-27-11\Deforest Combo.dwgCreated on: 28 June 2011 by George MarshallDeforest Road ReconstructionCity of Coppell Project ST05-01Retaining Wall Exhibit250 500
Created in AutoCADS:\CAD\In_Design\ST05-01 Deforest\dwg\6-27-11\Deforest Combo.dwgCreated on: 28 June 2011 by George MarshallDeforest Road ReconstructionCity of Coppell Project ST05-01Retaining Wall Exhibit
Created in AutoCADS:\CAD\In_Design\ST05-01 Deforest\dwg\6-27-11\Deforest Combo.dwgCreated on: 28 June 2011 by George MarshallDeforest Road ReconstructionCity of Coppell Project ST05-01Retaining Wall ExhibitCoppell RoadBethel Road
Created in AutoCAD1 INCH = 20 FEET0S:\CAD\In_Design\ST05-01 Deforest\dwg\6-27-11\Deforest Combo.dwgCreated on: 28 June 2011 by George MarshallDeforest Road ReconstructionCity of Coppell Project ST05-01Retaining Wall Exhibit A-A10 20Deforest Road
Created in AutoCAD1 INCH = 20 FEET0S:\CAD\In_Design\ST05-01 Deforest\dwg\6-27-11\Deforest Combo.dwgCreated on: 28 June 2011 by George MarshallDeforest Road ReconstructionCity of Coppell Project ST05-01Retaining Wall Exhibit B-B10 20Deforest RoadStratfordLane
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
ȱ
Fire
July 26, 2011
7
✔
PRESENTATION
Recognize citizens graduating from the Coppell Citizen's Fire Academy Class #1.
The Coppell Fire Department has conducted a Citizen's Fire Academy and will be recognizing the first graduating
class of the Coppell Citizen's Fire Academy on July 26, 2011.
Fire-Graduation
MEMORANDUM
TO: Mayor and City Council
FROM: Kevin Richardson, Fire Chief
DATE: July 20, 2011
REF: CC meeting July 26, 2011, Citizen’s Fire Academy Graduation
I am proud to announce the first Coppell Fire Department Citizens’ Fire Academy is complete
and would like to recognize the following 11 graduates at the July 26, 2011 City Council
meeting.
Lisa Sawyers
James Pugliese
Thomas Burrows
Mike Ridgley
Shannon Olmstead*
Mike Grossman*
Mary Minichino
Judy Crozier
Douglas Robinson*
Joseph Brown
Richard Lee
The eight-week academy provided insight to the inner workings of the Coppell Fire Department
and details on a multitude of services. The program covered an “all hazards” approach to
emergency preparation and mitigation and included topics such as; home fire and safety
inspections, proper use of fire extinguishers, CPR and First Aid certification, disaster
preparedness, basic rescue concepts, fundamentals of firefighting operations, and much more.
Highlights of the course included the opportunity to ride-along on emergency calls and actual
firefighting exercises at DFW Airport’s burn facility.
Thank you for supporting our prevention and education efforts. We look forward to continuing
this program in an effort towards our overall goal of protecting lives and property.
DEPT: City Secretary AGENDA REQUEST FORM
DATE: July 26, 2011
ITEM #: 8
ITEM CAPTION:
Report by the Economic Development Committee.
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
DIR. REVIEW: FIN. REVIEW: CM REVIEW:
Agenda Request Form - Revised 09/02 Document Name: %boardreport
AGENDA REQUEST FORM
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
July 26, 2011
10
PROCEDURAL
Consider approval of minutes: July 12, 2011
Minutes of the City Council meeting held on July 12, 2011.
Staff recommends approval.
%minutes
MINUTES OF JULY 12, 2011
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, July 12, 2011, at 5:30 p.m. in the City Council Chambers of Town
Center, 255 Parkway Boulevard, Coppell, Texas. The following members were
present:
Doug Stover, Mayor
Marsha Tunnell, Mayor Pro Tem
Tim Brancheau, Councilmember
Bob Mahalik, Councilmember
Brianna Hinojosa-Flores, Councilmember
Marsha Tunnell, Councilmember
Billy Faught, Councilmember
Marvin Franklin, Councilmember
Karen Hunt, Councilmember (late arrival)
Also present were City Manager Clay Phillips, Deputy City Secretary Chiquita
Taylor and City Attorney Robert Hager.
1. Call to order.
Mayor Stover called the meeting to order, determined that a quorum was
present and convened into Executive Session.
Councilmember Hunt arrived prior to convening Executive Session.
EXECUTIVE SESSION (Closed to the Public)
2. Convene Executive Session
A. Section 551.072, Texas Government Code - Deliberation
regarding Real Property.
1. Discussion regarding the land purchase agreements
associated with Northlake/Cypress Waters.
2. Discussion regarding land located west of South
Coppell Road and south of Bethel Road.
B. Section 551.087, Texas Government Code – Economic
Development Negotiations.
1. Economic Development prospects north of Wrangler
and west of Belt Line Road.
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2. Economic Development prospects north of Dividend
and west of Belt Line Road.
C. Section 551.074, Texas Government Code – Personnel
Matters.
1. Discussion regarding the duties of Mayor and
Council.
Mayor Stover convened into Executive Session at 5:44 p.m. Mayor
Stover adjourned the Executive Session at 6:17 p.m. and opened the
Work Session.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding the Sign Ordinance Committee.
B. Discussion regarding Old Town Aerial Crossings.
C. Update regarding Parks and Recreation Cost Recovery
Project.
D. Discussion regarding the upcoming schedule for Boards
and Commissions.
E. Discussion regarding SB 100 and Election modifications.
F. Discussion of Agenda Items.
Mayor Stover recessed Work Session at 7:29 p.m. and opened the
Regular Session.
REGULAR SESSION (Open to the Public)
4. Convene Regular Session.
5. Invocation.
Councilmember Franklin led those present in the Invocation.
6. Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
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7. Presentation of an award to ecoCoppell from the National
Environmental Health Association as the recipient of the 2011
Excellence in Sustainability Award.
Presentation:
Brian Collins, Director of Environmental Health for the City of Plano,
presented the 2011 Excellence in Sustainability Award from the National
Environmental Health Association to Mayor Stover and Perry Kittles,
Environmental Health Officer.
8. Citizens' Appearances.
1) Melissa Stephen, 764 Greenway Drive, spoke in support of a city
ordinance change for fitness trainers in the park.
2) Tanya Vonzurmuehlen, 301 Forest Crest Lane, spoke in support of
a city ordinance change for fitness trainers in the park.
9. Consider approval of the following consent agenda items:
A. Consider approval of minutes: June 14, 2011.
B. Consider approval of accepting the resignation of S. Kent
Chambless from the Conduct Review Board.
C. Consider approval of an ordinance to install school zone
signs and lights as needed and enforce state laws on
Cowboy Drive at Coppell High School, specifically
situated from the south curb line of West Parkway
Boulevard to the north curb line of Town Center
Boulevard; and authorizing the Mayor to sign.
D. Consider approval of Contract Amendment #6 in the
amount of $70,000.00 to the Teague Nall & Perkins
design contract for improvements on West Sandy Lake
Road, from Denton Tap Road to SH 121; and authorizing
the City Manager to sign and execute any necessary
documents.
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Action:
Mayor Pro Tem Tunnell moved to approve Consent Agenda Items A, B, C
carrying Ordinance No. 2011-1279, and D. Councilmember Hunt
seconded the motion; the motion carried 7-0 with Mayor Pro Tem Tunnell
and Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Faught,
Franklin and Hunt voting in favor of the motion.
10. Consider approval of the Northlake 635 Business Park (Coppell
Commerce Center), Lot 1R2, Block D, Site Plan Amendment,
to amend the existing site plan to incorporate an additional
3.2 acres to provide approximately 348 additional parking
spaces to serve the existing development on 23.1 acres of
property located along the west side of S. Belt Line Road,
north of Lakeshore Drive.
Presentation:
Marcie Diamond, Assistant Director of Planning, made a presentation to
the Council.
Clayton Strolle, representing the applicant, was available for questions.
Action:
Councilmember Franklin moved to approve the Northlake 635 Business
Park (Coppell Commerce Center), Lot 1R2, Block D, Site Plan
Amendment, to amend the existing site plan to incorporate an additional
3.2 acres to provide approximately 348 additional parking spaces to
serve the existing development on 23.1 acres of property located along
the west side of S. Belt Line Road, north of Lakeshore Drive subject to
the following conditions:
1) A tree removal permit will be required prior to start of construction.
2) When the future site develops, the storm drain system for this site
shall be accommodated.
Councilmember Mahalik seconded the motion; the motion carried 7-0
with Mayor Pro Tem Tunnell and Councilmembers Brancheau, Mahalik,
Hinojosa-Flores, Faught and Hunt voting in favor of the motion.
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Page 4 of 14
11. Consider approval of the Northlake 635 Business Park (Coppell
Commerce Center), Lot 1R2, Block D, Replat, being a replat of
Lot 1R and a portion of Lot 1R1 to incorporate approximately
3.2 acres of property to allow for additional parking on
approximately 23.1 acres of property located along the west
side of S. Belt Line Road, north of Lakeshore Drive.
Action:
Mayor Pro Tem Tunnell moved to approve the Northlake 635 Business
Park (Coppell Commerce Center), Lot 1R2, Block D, Replat, being a replat
of Lot 1R and a portion of Lot 1R1 to incorporate approximately 3.2 acres
of property to allow for additional parking on approximately 23.1 acres of
property located along the west side of S. Belt Line Road, north of
Lakeshore Drive. Councilmember Hinojosa-Flores seconded the motion;
the motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers
Brancheau, Mahalik, Hinojosa-Flores, Faught and Hunt voting in favor of
the motion.
12. PUBLIC HEARING
Consider approval of Case No. PD-251-SF-12, Rosebriar Estates,
a zoning change request from SF-12 (Single Family-12) to PD-
251-SF-12 (Planned Development-251-Single Family-12), to
allow the development of six (6) single-family lots, with a
minimum lot size of 12,000 square feet and three (3) common
area lots on 2.8 acres of property located south of Sandy Lake
Road between Dobecka Drive and Castlebury Court.
At this time, Councilmember Brancheau recused himself from the item
due to a filed Conflict of Interest Affidavit.
Presentation:
Marcie Diamond, Assistant Director of Planning, made a presentation to
the Council.
Brad Meyer, representing the applicant, was available for questions.
Public Hearing:
Mayor Stover opened the Public Hearing and asked for the following
people to speak:
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1) Tim and Marcia Brancheau, 106 Dobecka, spoke against the item.
2) Renetta Hamilton, 118 Dobecka, spoke against the item.
At this time, Mayor Stover convened into Executive Session at 8:19 p.m
for consultation with the city attorney. Mayor Stover adjourned the
Executive Session at 8:32 p.m. and continued the Regular Session.
Mayor Stover recessed the meeting at 8:35 p.m. for a short break. Mayor
Stover reconvened the Regular Session at 8:45 p.m.
Action:
Councilmember Franklin moved to continue the Public Hearing and the
item to the August 9, 2011 meeting. Councilmember Mahalik seconded
the motion; the motion carried 5-1 with Mayor Pro Tem Tunnell and
Councilmembers Mahalik, Hinojosa-Flores, Faught, and Franklin voting
in favor of the motion. Councilmember Hunt opposed the motion, and
Councilmember Brancheau was excused.
13. Consider approval of the Rosebriar Estates, Preliminary Plat,
to allow the subdivision of 2.8 acres of property into six (6)
single-family lots and three (3) common area lots on property
located south of Sandy Lake Road between Dobecka Drive and
Castlebury Court.
Action:
Mayor Pro Tem Tunnell moved to deny the Rosebriar Estates, Preliminary
Plat, to allow the subdivision of 2.8 acres of property into six (6) single-
family lots and three (3) common area lots on property located south of
Sandy Lake Road between Dobecka Drive and Castlebury Court.
Councilmember Faught seconded the motion; the motion carried 6-0
with Mayor Pro Tem Tunnell and Councilmembers Mahalik,
Hinojosa-Flores, Faught, Franklin and Hunt voting in favor of the
motion.
14. Consider authorizing the Planning and Zoning Commission to
be the Municipal Authority for the approval of the Final Plat
for Rosebriar Estates, to allow the subdivision of 2.8 acres of
property into six (6) single-family lots and three (3) common
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area lots on property located south of Sandy Lake Road
between Dobecka Drive and Castlebury Court.
Action:
Mayor Pro Tem Tunnell moved to deny authorizing the Planning and
Zoning Commission to be the Municipal Authority for the approval of the
Final Plat for Rosebriar Estates, to allow the subdivision of 2.8 acres of
property into six (6) single-family lots and three (3) common area lots on
property located south of Sandy Lake Road between Dobecka Drive and
Castlebury Court. Councilmember Faught seconded the motion; the
motion carried 6-0 with Mayor Pro Tem Tunnell and Councilmembers
Mahalik, Hinojosa-Flores, Faught, Franklin and Hunt voting in favor of
the motion.
At this time, Councilmember Brancheau returned to the meeting.
15. PUBLIC HEARING
Consider approval of Case No. PD-237R4-HC, QuikTrip, a
zoning change request from PD-237R3-HC (Planned
Development-237 Revision 3-Highway Commercial) to PD-
237R4-HC (Planned Development-237 Revision 4-Highway
Commercial), to attach a revised Detail Site Plan, including
revised building and canopy elevations, to allow a 5,700-
square-foot convenience store with eight (8) gas pump islands
on approximately 2.3 acres of land located at the northeast
corner of S. Belt Line Road and the proposed extension of
Dividend Drive.
At this time, Mayor Pro Tem Tunnell recused herself from the item due to
a filed Conflict of Interest Affidavit.
Presentation:
Matt Steer, Planner, made a presentation to the Council.
J. D. Dudley, representing the applicant, was available for questions.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak.
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Action:
Councilmember Faught moved to close the Public Hearing and approve
Case No. PD-237R4-HC, QuikTrip, a zoning change request from
PD-237R3-HC (Planned Development-237 Revision 3-Highway
Commercial) to PD-237R4-HC (Planned Development-237 Revision 4-
Highway Commercial), to attach a revised Detail Site Plan, including
revised building and canopy elevations, to allow a 5,700-square-foot
convenience store with eight (8) gas pump islands on approximately 2.3
acres of land located at the northeast corner of S. Belt Line Road and the
proposed extension of Dividend Drive subject to the following conditions:
1) Include the required landscape screen along the north property line.
2) Resolve discrepancies between trees shown on plan and listed in
Landscape Schedule.
3) Depict an overstory tree at the terminus of each parking row (one
missing on northeast corner of the site).
4) Revise the monument sign size to a maximum of six-feet by ten-feet
wide.
5) Revise the material of the dumpster gate from a plastic mesh to a
solid metal product.
6) There will be additional comments during detailed engineering review.
Councilmember Hunt seconded the motion; the motion carried 6-0 with
Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Faught,
Franklin, and Hunt voting in favor of the motion. Mayor Pro Tem
Tunnell was excused,
16. Consider approval of the Lesley Retail Addition (QuikTrip), Lot
1, Block B, Final Plat, to establish a building site and provide
required easements to allow a convenience store with eight (8)
gas pump islands on approximately 2.3 acres of land located
at the northeast corner of S. Belt Line Road and the proposed
extension of Dividend Drive.
cm071211
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Action:
Councilmember Franklin moved to approve the Lesley Retail Addition
(QuikTrip), Lot 1, Block B, Final Plat, to establish a building site and
provide required easements to allow a convenience store with eight (8)
gas pump islands on approximately 2.3 acres of land located at the
northeast corner of S. Belt Line Road and the proposed extension of
Dividend Drive subject to the following conditions:
1) Dedication of the off-site fire lane/mutual access easement is required
by separate instrument and shall be recorded prior to or concurrently
with the Final Plat.
2) There will be additional comments during detailed engineering review.
Councilmember Mahalik seconded the motion; the motion carried 6-0
with Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Faught,
Franklin, and Hunt voting in favor of the motion. Mayor Pro Tem
Tunnell was excused,
At this time, Mayor Pro Tem Tunnell returned to the meeting.
17. PUBLIC HEARING
Consider approval of Case No. S-1253-C, Wynnpage Montessori
Academy, a zoning change request from C (Commercial) to S-
1253-C (Special Use Permit-1253-Commercial), to permit a
4,000-square-foot day care to be located within the existing
building and a 1,650-square-foot outdoor play area, to be
located at 255 S. Denton Tap, Suite 200.
Presentation:
Matt Steer, Planner, made a presentation to the Council.
Mohammad Hague, applicant, was available for questions.
Bob Shulte, developer, was available for questions.
Public Hearing:
Mayor Stover opened the Public Hearing and asked for the following
people to speak:
cm071211
Page 9 of 14
1) Shazad and Lata Nathani, 109 Natches Trace, spoke against the
item.
2) Laura Colucci, 109 Wrenwood Drive, spoke against the item.
3) Andrea Jensen, 109 Naches Trace, spoke against the item.
Action:
Councilmember Faught moved to close the Public Hearing and approve
Case No. S-1253-C, Wynnpage Montessori Academy, a zoning change
request from C (Commercial) to S-1253-C (Special Use Permit-1253-
Commercial), to permit a 4,000-square-foot day care to be located within
the existing building and a 1,650-square-foot outdoor play area, to be
located at 255 S. Denton Tap, Suite 200 subject to conditions.
Councilmember Mahalik seconded the motion; the motion was denied 1-
6 with Councilmember Mahalik voting in favor of the motion and Mayor
Pro Tem Tunnell and Councilmembers Brancheau, Hinojosa-Flores,
Faught, Franklin, and Hunt voting against the motion.
18. Consider award of a contract through BuyBoard with CommFit
in the amount of $116,065.40, for fitness equipment for the
expansion at the Coppell Aquatics and Recreation Center, and
authorizing the City Manager to sign the necessary
documentation.
Presentation:
Brad Reid, Director of Parks and Recreation, made a presentation to the
Council.
Action:
Councilmember Franklin moved to approve the award of a contract
through BuyBoard with CommFit in the amount of $116,065.40, for
fitness equipment for the expansion at the Coppell Aquatics and
Recreation Center, and authorizing the City Manager to sign the
necessary documentation. Councilmember Brancheau seconded the
motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and
Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Faught, Franklin
and Hunt voting in favor of the motion.
cm071211
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19. Consider award of a contract through BuyBoard with Fitco, in
the amount of $189,330.50, for fitness equipment for the
expansion at the Coppell Aquatics and Recreation Center, and
authorizing the City Manager to sign the necessary
documentation.
Presentation:
Brad Reid, Director of Parks and Recreation, made a presentation to the
Council.
Action:
Councilmember Franklin moved to approve the award of a contract
through BuyBoard with Fitco, in the amount of $189,330.50, for fitness
equipment for the expansion at the Coppell Aquatics and Recreation
Center, and authorizing the City Manager to sign the necessary
documentation. Councilmember Brancheau seconded the motion; the
motion carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers
Brancheau, Mahalik, Hinojosa-Flores, Faught, Franklin and Hunt voting
in favor of the motion.
20. Consider approval of an ordinance of the City Council of the
City of Coppell, Dallas County, Texas, amending the Code of
Ordinances by amending Article 9-11, Section 9-11-7(G) by
creating the authority of the Parks and Recreation Director to
grant permits for specific activities related to improving the
fitness of the community; providing a savings clause;
providing a severability clause; and providing for an effective
date; and authorizing the Mayor to sign.
Presentation:
Brad Reid, Director of Parks and Recreation, made a presentation to the
Council.
Action:
Mayor Pro Tem Tunnell moved to approve Ordinance No. 2011-1280 of
the City Council of the City of Coppell, Dallas County, Texas, amending
the Code of Ordinances by amending Article 9-11, Section 9-11-7(G) by
creating the authority of the Parks and Recreation Director to grant
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permits for specific activities related to improving the fitness of the
community; providing a savings clause; providing a severability clause;
and providing for an effective date; and authorizing the Mayor to sign.
Councilmember Hinojosa-Flores seconded the motion; the motion carried
7-0 with Mayor Pro Tem Tunnell and Councilmembers Brancheau,
Mahalik, Hinojosa-Flores, Faught, Franklin and Hunt voting in favor of
the motion.
21. Consider approval of the terms and conditions for a contract
with Emergicon as the Fire Department patient billing service
and authorizing the City Manager or designee to execute all
necessary documents.
Presentation:
Greg Lloyd, Deputy Fire Chief, made a presentation to the Council.
Action:
Councilmember Franklin moved to approve the terms and conditions for
a contract with Emergicon as the Fire Department patient billing service
and authorizing the City Manager or designee to execute all necessary
documents. Councilmember Faught seconded the motion; the motion
carried 7-0 with Mayor Pro Tem Tunnell and Councilmembers
Brancheau, Mahalik, Hinojosa-Flores, Faught, Franklin and Hunt voting
in favor of the motion.
22. Consider approval of a contract for the purchase of eight (8)
cardiac heart monitors/defibrillators to replace units on all
Fire Department apparatus in the amount of $257,746.80 and
authorizing the City Manager or designee to execute all
necessary documents.
Action:
Councilmember Faught moved to approve a contract for the purchase of
eight (8) cardiac heart monitors/defibrillators to replace units on all Fire
Department apparatus in the amount of $257,746.80 and authorizing
the City Manager or designee to execute all necessary documents.
Councilmember Mahalik seconded the motion; the motion carried 7-0
with Mayor Pro Tem Tunnell and Councilmembers Brancheau, Mahalik,
cm071211
Page 12 of 14
Hinojosa-Flores, Faught, Franklin and Hunt voting in favor of the
motion.
23. Consider appointments to Council Committees.
Action:
Mayor Pro Tem Tunnell moved to continue the current Council
Committee appointments. Councilmember Brancheau seconded the
motion; the motion carried 7-0 with Mayor Pro Tem Tunnell and
Councilmembers Brancheau, Mahalik, Hinojosa-Flores, Faught, Franklin
and Hunt voting in favor of the motion.
24. City Manager's Report.
A. Project Update and Future Agendas.
A. City Manager Clay Phillips reminded citizens to be expecting more
information on the Citizen’s Summit to be held on August 1st at
City Hall. Interested persons are asked to RSVP to Debbie Cravey
in the City Manager’s Office.
25. Mayor and Council Reports.
A. Report by Mayor Stover on the Metroplex Mayors’
Meeting.
B. Report by Mayor Stover regarding Fourth of July
Fireworks Show and Parade.
A. Mayor Stover informed Council that there was no Metroplex
Mayors’ Meeting this month.
B. Mayor Stover thanked city staff for a wonderful Fourth of July
event. The Fireworks show and parade were very well attended.
26. Public Service Announcements concerning items of
community interest and no Council action or deliberation is
permitted.
Nothing to report.
cm071211
Page 13 of 14
27. Necessary action resulting from Executive Session.
Nothing to report.
At this time, Mayor Stover reconvened into Work Session at 10:31 p.m.
WORK SESSION (Open to the Public)
3. Convene Work Session
A. Discussion regarding the Sign Ordinance Committee.
B. Discussion regarding Old Town Aerial Crossings.
C. Update regarding Parks and Recreation Cost Recovery
Project.
D. Discussion regarding the upcoming schedule for Boards
and Commissions.
E. Discussion regarding SB 100 and Election modifications.
F. Discussion of Agenda Items.
Mayor Stover adjourned Work Session.
Adjournment.
There being no further business to come before the City Council, the
meeting was adjourned.
____________________________________
Douglas N. Stover, Mayor
ATTEST:
____________________________________
Chiquita Taylor, Deputy City Secretary
cm071211
Page 14 of 14
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Finance
July 26, 2011
11
✔
PROCEDURAL
Consider approval of the review of the written Debt Policy of the City of Coppell.
As part of the 2011 Bond Issuance, the Debt Policy is being brought forward for formal Council approval. The policy
was reviewed during the Budget Workshop on July 11, 2011 and was previously approved by Council on March 25,
2008. No changes are being made to the policy.
Staff recommends approval.
$DebtPolicy-1AR(Consent)
City of Coppell, Texas
Debt Management Policy
I. Purpose
The purpose of this policy is to establish parameters and provide guidance governing the issuance,
management, continuous evaluation of and reporting on all debt obligations issued by the City of
Coppell, and to provide for the preparation and implementation necessary to ensure compliance and
conformity with this policy. Advantages of a debt policy are as follows:
Enhances the quality of decisions by imposing order and discipline
Promotes consistency and continuity in decision making
Identifies objectives for staff to implement
Demonstrates a commitment to long term financial planning objectives
Regarded positively by the rating agencies
II. Policy Statement
Under the governance and guidance of Federal and State laws and the City’s Charter, ordinances and
resolutions, the City may periodically enter into debt obligations to finance the construction or
acquisition of infrastructure and other assets; or to refinance existing debt for the purpose of meeting its
governmental obligation to its residents. It is the City’s desire and direction to ensure that such debt
obligations are issued and administered in such fashion as to obtain the best long term financial
advantage to the City and its residents, while making every effort to maintain and improve the City’s
bond ratings.
The City shall not issue debt obligations or utilize debt proceeds to finance current operations of City
Government.
III. General Debt Governing Policies
The City establishes the following policies concerning the issuance and management of debt:
The City will not issue debt obligations or use debt proceeds to finance current operations or
normal maintenance.
Debt financing includes general obligation bonds, certificates of obligatio n, revenue bonds,
lease/purchase agreements and other obligations permitted to be issued under Texas law.
The City shall review its outstanding debt annually for the purpose of determining if the
financial marketplace will afford the City the opportunity to refund an issue and lessen its
debt service costs. As a general rule, the present value savings of a particular refunding
should exceed four percent (4%) of the refunded maturities, unless a restructuring or bond
convent revision is necessary in order to facilitate the ability to provide services or issue
additional debt in accordance with established debt policies.
The city will utilize debt obligations only for acquisition, construction, reconstruction or
renovation of capital improvement projects that cannot be funded from current revenue
sources or in such cases where it is more equitable to the users of the project to finance the
project over its useful life.
The City will measure the impact of debt service requirements of outstanding and proposed
debt obligations on a single year, five, ten and twenty year periods. This analysis will
consider debt service maturities and payment patterns as well as the City’s commitment to a
pay as you go philosophy.
The City will seek the advice and services of the Financial Advisor in performing the bond
issuance process. The City will also seek the advice of Bond Counsel as to the legality and
tax exempt status of any obligations.
The City shall use a competitive bidding process in the sale of debt unless the nature of the
issue warrants a negotiated sale. The City shall attempt to award the bonds based on a true
interest cost (TIC) basis. However, the City may award bonds based on a net interest cost
(NIC) basis as long as the Financial Advisor agrees that the NIC basis can satisfactorily
determine the lowest and best bid.
Credit enhancements are mechanisms which guarantee principal and interest payments. They
include bond insurance and a line or letter of credit. A credit enhancement, while costly, will
usually bring a lower interest rate on debt and a higher rating from the rating agencies, thus
lowering overall costs. During debt issuance planning, the Financial Advisor will advise the
City whether or not a credit enhancement is cost effective.
The bond proceeds will be invested in accordance with the City’s investment policy. Interest
earnings received on the investment of bond proceeds shall be used to assist in paying the
costs associated with the capital project.
The City is committed to continuing disclosure of financial and pertinent credit information
relevant to the City’s outstanding securities and will abide by the provisions of Securities and
Exchange Commission (SEC) Rule 15c2-12 concerning primary and secondary market
disclosure
IV. Debt Limits
The State of Texas statutes do not prescribe a legal debt limit on the amount of outstanding
revenue bonds.
The charter for the City of Coppell, Texas does not provide for a debt limit.
V. Specific Debt Ratios and Measurement
This section of the debt management policy establishes the target debt ratios and measurements for the
City.
As the City periodically addresses its ongoing needs, the City Manager and the City Council must ensure
that future elected officials will have the flexibility to meet the capital need of the City. Since neither
State law nor the City Charter provides any limits on the amount of debt which may be incurred, this
policy establishes targets which should provide future flexibility.
Purposes of Issuance – the City will issue debt obligations for acquiring, constructing,
reconstructing or renovating Capital Improvements or for refinancing existing debt obligations.
Projects must be designated as public purpose projects by the City Council prior to funding.
Maximum Maturity – All debt obligations shall have a maximum maturity of the earlier of: a)
the estimated useful life of the Capital Improvements being financed; or b) twenty years; or c) in
the event they are being issued to refinance outstanding debt obligations, the final maturity of the
debt obligations being refinanced, unless a longer term is recommended by the Financial Advisor.
Net Debt Per Capita - Is the amount of debt outstanding for each citizen of a jurisdiction. Net
direct debt is the sum of all general obligation bonds and notes outstanding less the year end
balance of the debt service fund. The City shall strive to maintain the current Net Debt Per Capita
at or below $2,000.00.
Net Debt to Assessed Value - Assessed valuation shows the fiscal capacity of the tax base. The
City shall strive to maintain a ratio of Net Debt to Assessed Value of properties in the City at or
below three percent (3%).
Bond Covenants and Laws – The City shall comply with all covenants and requirements of the
bond resolutions, the State and Federal laws authorizing and governing the issuance and
administration of debt obligations.
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Finance
July 26, 2011
12
✔
ORDINANCE
Consider approval of an Ordinance authorizing the issuance and sale of City of Coppell, Texas, Combination Tax and
Limited Surplus Revenue Certificates of Obligation, Series 2011 in the approximate amount of $8,915,000, levying an ad
valorem tax and making provisions for the security thereof; approving the official statement; providing an effective
date; enacting other provisions relating to the subject and authorizing the Mayor Pro Tem to sign.
The Certificate of Obligation Bonds in the amount of $8,915,000 are being issued to fund the additional amount
needed for Bethel Road II and West Sandy Lake, as well as funds needed for constructing, improving and equipping
Old Town Coppell and related bond issuance costs.
Additional Funds for Bethel Road II $ 2,745,000
Additional Funds for West Sandy Lake Road 1,800,000
Old Town Coppell 4,200,000
Bond Issuance Cost 170,000
$ 8,915,000
Staff recommends approval.
$COBonds2011-1AR
ORDINANCE NO. ___________
ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF CITY OF COPPELL, TEXAS,
COMBINATION TAX AND LIMITED SURPLUS REVENUE CERTIFICATES OF OBLIGATION,
SERIES 2011; LEVYING AN ANNUAL AD VALOREM TAX AND MAKING PROVISIONS FOR
THE SECURITY THEREOF; APPROVING THE OFFICIAL STATEMENT; PROVIDING AN
EFFECTIVE DATE; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT
T HE ST AT E OF TEXAS
COUNTIES OF DALLAS AND DENTON
CITY OF COPPELL
§
§
§
WHEREAS, the City of Coppell, Texas (the "Issuer") deems it advisable to issue Combination Tax
and Revenue Certificates of Obligation for paying all or a portion of the Issuer's contractual obligations for
the purposes hereinafter set forth;
WHEREAS, the Certificates of Obligation hereinafter authorized and designated are to be issued and
delivered for cash pursuant to Subchapter C of Chapter 271 of the Local Government Code, and Chapter 1502,
T exas Government Code;
WHEREAS, the City Council of the Issuer has heretofor e adopted a resolution authorizing and
directing the City Secretary to give notice of intention to issue Certificates of Obligation;
WHEREAS, said notice has been duly published in the Citizens' Advocate, which is hereby found and
determined to be a newspaper of general circulation in said Issuer;
WHEREAS, the Issuer received no petit ion from the qualified electors of the Issuer pr otesting the
issuance of such Certificates of Obligation; and
WHEREAS, it is officially found, determined, and declared that the meeting at which this Ordinance
has been adopted was open to the public and public notice of the time, place and subject matter of the public
business to be consider ed a nd acted upon at said meeting, including this Or dina nce, wa s given, all as requir ed
by the applicable provisions of Tex. Gov't Code Ann. ch. 551; Now, Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
Section 1. RECIT ALS, AMOUNT AND PURPOSE OF T HE CERT IF ICAT ES . T he r ecita ls set
forth in the preamble hereof are incorporated herein and shall have the same force and effect as if set forth in
this Section. T he cer tifica tes of obliga tion of the C ity of Cop pell, T exa s (the "Issuer ") ar e her eby a uthor ized
to be issued and delivered in the aggregate principal amount of $8,915,000 for paying all or a portion of the
Issuer's contractual obligations incurred in connection with (i) constructing and improving streets and roads
including related dr aina ge, signalization, la ndscaping, lighting, utility r elocation and replacement, on str eet
parking, bridges and signage; (ii) constr ucting, impr oving and equ ip p ing impr ovements to the Old T own
Coppell public area, including landscaping, parking, pavillion, playgrounds, restrooms, water fountains and
storage facilities; (iii) acquisition of land and interests in land for these projects; and (iv) paying legal, fiscal,
engineering and architectural fees in connection with these projects (collectively, the "Project").
2
Section 2. DESIGNATION, DATE, DENOMINATIONS, NUMBERS, AND MATURITIES AND
INTEREST RATES OF CERTIFICATES. Each certificate issued pursuant to this Ordinance shall be
designated: "CIT Y OF COPPELL, TEXAS, COMBINAT ION TAX AND LIMIT ED SURPLUS REVENUE
CERT IFICAT E OF OBLIGAT ION, SERIES 2011," and initia lly ther e sha ll be issued, sold, and deliver ed
hereunder one fully registered certificate, without interest coupons, dated July 15, 2011, in the principal amount
stated above and in the denominations hereinafter stated, numbered T-1, with certificates issued in replacement
thereof being in the denominations and principal amounts her einafter stated a nd number ed consecutively fr om
R-1 upward, payable to the respective Registered Owners thereof (with the initial certificate being made
paya ble to the initial pur cha ser as descr ibed in Section 10 her eof), or to the r egistered a ssignee or assignees
of said certificates or any portion or portions thereof (in each case, the "Registered Owner"), and said
certificates shall mature and be payable serially on February 1 in each of the years and in the principal
amounts, respectively, and sha ll bear interest fr om the da tes set for th in the F ORM OF CERT IF ICAT E set
forth in Section 4 of this Ordinance to their respective dates of maturity or redemption prior to maturity at the
r ates per annum, as set for th in the following schedule:
Years
Principal
Amount
Interest
Rates Years
Principal
Amount
Interest
Rates
2012 $ 330,000 2022 $ 430,000
2013 335,000 2023 450,000
2014 345,000 2024 465,000
2015 350,000 2025 485,000
2016 355,000 2026 510,000
2017 365,000 2027 530,000
2018 375,000 2028 555,000
2019 390,000 2029 580,000
2020 400,000 2030 610,000
2021 415,000 2031 640,000
The term "Certificates" as used in this Ordinance shall mean and include collectively the certificates initially
issued and delivered pursuant to this Ordinance and all substitute certificates exchanged therefor, as well as
all other substitute certificates and r eplacement certificates issued pur suant her eto, and the term "Certificate"
shall mean any of the Certificates.
Section 3. CHARACTERISTICS OF THE CERTIFICATES.
(a) Registration, Transfer, Conversion and Exchange; Authentication. The Issuer shall keep or cause
to be kept at the pr incipal cor porate tr ust office of U.S. Ba nk National Associa tion, Dalla s, T exas, (the "Paying
Agent/Registrar"), books or records for the registration of the transfer, conversion a nd exchange of the
Certificates (the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its
registrar and transfer agent to keep such books or records and make such registrations of transfers, conversions
and exchanges under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and
the Paying Agent/Registrar shall make such registrations, transfers, conversions and exchanges a s herein
provided. The Paying Agent/Registrar shall obtain and record in the Registration Books the a ddr es s of the
registered owner of each Certificate to which payments with respect to the Certificates shall be mailed, as
herein provided; but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing
of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such
3
notice has been given. The Issuer shall have the right to inspect the Registration Books during regular business
hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Regist r a r shall keep the Registration
Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity.
The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and cha r ges for making such
registration, transfer, conversion, exchange and delivery of a substitute Certificate or Certificates. Registration
of assignments, transfers, conversions and exchanges of Certificates shall be made in the manner provided and
with the effect stated in the FORM OF CERTIFICATE set forth in this Ordinance. Each substitute Certificate
sha ll bea r a let t er a nd/or nu mber to dist inguish it fr om ea ch ot her C er t ifica t e.
Except as provided in Section 3(c) of this Ordinance, an authorized representative of the P a ying
Agent/Registrar shall, before the delivery of any such Certificate, date and manually sign said Cer tificate, and
no such Certificate shall be deemed to be issued or outstanding unless such Certificate is so executed. The
Paying Agent/Registrar promptly shall cancel all paid Certificates and Certificates surrendered for conversion
and exchange. No additional ordinances, orders, or resolutions need be passed or adopted by the governing
body of the Issuer or any other body or person so as to accomplish the foregoing conversion and exchange of
any Certificate or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and
delivery of the substitute Certificates in the manner prescribed herein, and said Certificates shall be printed or
typed on paper of customar y weight and str ength. Pur suant to Chapter 1201, Gover nment Code, as amended,
the duty of conversion and exchange of Certificates as aforesaid is hereby imposed upon the Paying
Agent/Registrar, and, upon the execution of said Certificate, the converted and exchanged Certificate shall be
valid, incontestable, and enforceable in the same manner and with the same effect as the Certificates that
initially wer e issued and deliver ed pur suant to this Or dina nce, appr oved by the Attor ney Gener al and registered
by the Comptroller of Public Accounts.
(b) Pa yment of C ertificates and Interest. The Issuer hereby further appoints the Paying
Agent/Registrar to act as the paying agent for paying the principal of and interest on the Certificates, all as
provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by
the Issuer a nd the P a ying Agent/Registr a r with r espect to the C er tifica tes, and of all conver sions and excha nges
of Certificates, and all replacements of Certificates, as provided in this Ordinance. However, in the event of
a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date
for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and
when funds for the payment of such interest have been received from the Issuer. Notice of the past due interest
shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class
postage prepaid, to the address of each registered owner appearing on the Registration Books at the close of
business on the last busines s da y next pr eceding the da te of ma iling of such not ice.
(c) In General. The Certificates (i) shall be issued in fully registered form, without interest coupons,
with the principal of and interest on such Certificates to be payable only to the registered owners thereof, (ii)
may be redeemed prior t o their scheduled maturities (notice of which shall be given to the Paying
Agent/Registrar by the Issuer at least 50 days prior to any such redemption date), (iii) may be converted and
exchanged for other Certificates, (iv) may be transferred and assigned, (v) shall have the characteristics, (vi)
shall be signed, sealed, executed and authenticated, (vii) the principal of and interest on the Certificates shall
be payable, and (viii) shall be administered and the Paying Agent/Registrar and the Issuer shall have certain
duties and responsibilities with respect to the Certificates, all as provided, and in the manner and to the effect
as required or indicated, in the FORM OF CERTIFICATE set forth in this Ordinance. The Certificate initially
issued and delivered pursuant to this Ordinance is not required to be, a nd shall not be, authenticated by the
Paying Agent/Registrar, but on each substitute Certificate issued in conversion of and exchange for any
Certificate or Certificates issued under this Ordinance the Paying Agent/Registrar shall execute the PAYING
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AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE, in the form set forth in the FORM OF
CERTIFICATE.
(d) The Issuer covenants with the registered owners of the Certificates that at all times while the
Certifica t es are outstanding the Issuer will provide a competent and legally qualified bank, trust company,
financial institution, or other entity to act as and perform the services of Paying Agent/Registrar for the
Certificates under this Or dina nce, and tha t the Paying Agent/Registr ar will be one entity. T he Issuer reserves
the r ight to, and ma y, at it s option, cha nge the P a ying Agent/Regis t r a r u p on not less tha n 120 da ys wr itten
notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest
payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or
its successor by merger , acquisition, or other method) should r esign or other wise cease to a ct as such, the Issuer
covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial
institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change in the
Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall t r a nsfer and deliver the
Registration Books (or a copy thereof), along with all other per t inent books and records relating to the
Certificates, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in
the Paying Agent/Registrar, the Issuer promptly will ca use a written notice thereof to be sent by the new Paying
Agent/Registrar to ea ch Registered Owner of the Certificates, by United States mail, fir st-class postage
prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position
and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this
Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar.
(e) Except as pr ovided below, no Certificate sha ll be va lid or obliga tor y for any pur pose or be entitled
to any security or benefit of this Or dinance unless and u nt il t her e appear s ther eon the Cer tificate of Paying
Agent/Registrar substantially in the form provided in this Ordinance, duly authenticated by manual execution
of the Paying Agent/Registrar. It shall not be required that the same authorized representative of the Paying
Agent/Registr ar sign the Certificate of Paying Agent/Registr ar on all of the Certificates. In lieu of the executed
Certificate of Paying Agent/Registrar described above, the Initial Certificate delivered on the closing date shall
have attached thereto the Comptroller's Registr a tion Certificate substantially in the form provided in this
Ordinance, manually executed by the Comptroller of Public Accounts of the Sta t e of Texas or by his duly
authorized agent, which certificate shall be evidence that the Initial Certificate has been duly approved by the
Attor ney Gener al of the State of T exas and tha t it is a va lid a nd binding ob liga tion of the Issuer , and ha s been
registered by the Comptroller.
(f) Book-Entr y Only S ystem. T he Certificates issued in excha nge for the Certificate initially issued
to the initia l pur cha ser specified her ein sha ll be initia lly is s u ed in t he for m of a s ep ar ate single fully r egistered
Certificate for each of the maturities thereof. Upon initial issuance, the ownership of each such Certificate shall
be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York
("DT C"), and except as pr ovided in subsection (f) her eof, all of the outstanding Certificates sha ll be registered
in the name of Cede & Co., as nominee of DTC.
With respect to Certificates registered in the name of Cede & Co., as nominee of DT C, the Issuer and
the Paying Agent/Registrar shall have no responsibility or obligation to any securities brokers and dealers,
banks, trust companies, clearing corporations and certain other organizations on whose behalf DTC was
cr eated ("DT C Par ticipant") to hold secur ities to facilitate the clear ance and s et t lement of secur ities
transactions among DTC Participants or to any person on behalf of whom such a DTC Participant holds an
interest in the C er t ificates. Without limiting the immediately preceding sentence, the Issuer and the Paying
Agent/Registrar shall have no responsibility or obligation with respect t o (i) t he accuracy of the records of
5
DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in the Certificates, (ii) the
delivery to any DT C Participant or any other person, other than a Registered Owner of Certificates, as shown
on the Registration Books, of any notice with respect to the Certificates, or (iii) the payment to any DTC
Participant or any other person, other than a Registered Owner of Certificates, as shown in the Registration
Books of any amount with r espect to pr incipal of or interest on the Certificates. Notwithstanding any other
provision of this Ordinance to the contrary, the Issuer and the Paying Agent/Registrar shall be entitled to treat
and consider the person in whose name each Certificate is registered in the Registration Books as the absolute
owner of such Certificate for the pur pose of payment of pr incipal and interest with r espect to such Certificate,
for the purpose of registering transfers with respect to such Certificate, and for all other purposes whatsoever.
T he Paying Agent/Registr ar sha ll pay a ll pr incipal of and interest on the Cer tifica tes only to or upon the or der
of the Registered Owners, as shown in the Registration Books as provided in this Ordinance, or their respective
attorneys duly authorized in writing, and all such p a yment s s ha ll be valid and effective to fully satisfy and
discharge the Issuer's obligations with respect to payment of principal of and interest on the Certificates to the
extent of the sum or sums so paid. No person other than a Registered Owner, as shown in the Registration
Books, shall receive a Certificate evidencing the obligation of the Issuer to make payments of principal and
interest pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to
the effect that DT C has determined to substitute a new nominee in place of Cede & Co., and subject to the
provisions in this Ordinance with respect to interest checks being mailed to the Registered Owner at the close
of business on the Record date, the words "Cede & Co." in this Ordinance shall refer to such new nominee of
DTC.
The previous execution and delivery of the Blanket Letter of Representations with respect to
obligations of the Issuer is hereby ratified and confirmed; and the provisions thereof shall be fully applicable
to the Certificates.
(g) Successor Securities Depository; Transfers Outside Book-Entry Only System. In the event that
the Issuer determines that DT C is incapable of dis char ging its responsibilities descr ibed her ein and in the
representations letter of the Issuer to DT C or t ha t it is in the best interest of the beneficial owners of the
Certificates tha t they be able to obtain certificated Certificates, the Issuer sha ll (i) appoint a successor secur ities
depository, qualified to act as such under Section 17A of the Securities and Exchange Act of 1934, as
amended, notify DT C and DTC Participants of the appointment of such successor securities depository and
transfer one or more separate Certificates to such successor securities depository or (ii) notify DTC and DTC
Par ticipants of the a va ilability thr ough DT C of Cer tificates and tr ansfer one or mor e sepa r a te cer tifica ted
Certificates to DT C Participants having Certificates credited to their DT C accounts. In such event, the
Certificates sha ll no longer be r estr icted to being r egistered in the Registr ation Books in the name of Cede &
Co., as nominee of DTC, but may be registered in the name of the successor securities depository, or its
nominee, or in whatever name or names Registered Owners transferring or exchanging Certificates shall
designate, in accor da nce with the pr ovisions of this Or dina nce.
(h) Payments to Cede & Co. Notwithstanding any other pr ovision of this Or dinance to the contr a r y,
so long as any Certificate is registered in the name of Cede & Co., as nominee of DTC, all payments with
respect to principal of and interest on such Certificate and all notices with respect to such Certificate shall be
made and given, respectively, in the manner provided in the representations letter of the Issuer to DTC.
(i) Cancellation of Initial Certificate. On the closing date, one initial Certificate representing the entire
principal amount of the Certificates, payable in stated installments to the purchaser designated in Section 10
or its designee, executed by manual or facsimile signature of the Mayor and City Secretary of the Issuer,
approved by the Attorney General of Texas, and registered and manually signed by the Comptroller of Public
6
Accounts of t he S t a t e of Texas, will be delivered to such purchaser or its designee. Upon payment for the
initial Certificate, the Paying Agent/Registrar shall cancel the initial Certificate and deliver to the Depository
Trust Company on behalf of such purchaser one registered definitive Certificate for each year of maturity of
the Certificates, in the aggregate principal amount of all of the Certificates for such maturity.
Section 4. FORM OF CERTIFICATES. The form of the Certificates, including the form of Paying
Agent/Registrar's Authentication Certificate, the form of Assignment and the form of Registration Certificate
of the Comptr oller of Public Accou nt s of the S ta te of T exa s to be atta ched to the C er tifica tes initia lly issued
and delivered pursuant to this Ordinance, shall be, respectively, substantially as follows, with such appropriate
va r iations, omissions or insertions as ar e permitted or requir ed by this Or dina nce.
(a) For m of Certificate.
NO. R-UNITED STATES OF AMERICA
ST AT E OF TEXAS
PRINCIPAL
AMOUNT
$_________
CIT Y OF COPPELL, TEXAS
COMBINATION TAX AND LIMITED SURPLUS REVENUE CERTIFICATE OF OBLIGATION
SERIES 2011
Interest Rate Dated Da te Maturity Da te CUSIP No.
July 15, 2011 February 1, ____
REGISTERED OWNER:
PRINCIPAL AMOUNT:DOLLARS
ON THE MATURITY DATE specified above, the City of Coppell, in Dallas and Denton Counties,
Texas (the "Issuer"), being a political subdivision and municipal corporation of the State of Texas, hereby
promises to pay to the Registered Owner specified above, or registered assigns (her eina fter called the
"Registered Owner"), on the Matur ity Date specified above, the Pr incipal Amount specified a bove. The Issuer
promises to pay interest on the unpaid principal amount hereof (calculated on the basis of a 360-day year of
twelve 30-day months) from July 15, 2011 at the interest rate per annum specified above. Interest is payable
on February 1, 2012, and semiannually on each August 1 and February 1 thereafter to the Maturity Date
specified above, or the date of redemption prior to maturity; except, if this Certificate is required to be
authenticated and the date of its authentication is later than the first Record Date (hereinafter defined), such
Principal Amount shall bear interest from the interest payment date next pr eceding the date of authentication,
unless such date of authentication is after any Record Date but on or before the next following interest payment
da te, in which case such pr incipal amount sha ll bear interest fr om such next following interest payment da te;
provided, however, that if on the date of authentication hereof the interest on the Certificate or Certificates, if
any, for which this Certificate is being exchanged is due but has not been paid, then this Certificate shall bear
interest from the date to which such interest has been paid in full.
THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in la wful money of the
United States of America, without exchange or collection charges. The principal of this Certificate shall be
paid to the registered owner hereof upon presentation and surrender of this Certificate at matur ity, or upon the
7
date fixed for its redemption prior to maturity, at the principal corporate trust office of U.S. Bank National
Association, Dallas, Texas, which is the "Paying Agent/Registrar" for this Certificate. The payment of interest
on this Certificate shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest
payment date by check or draft, dated as of such interest payment date, drawn by the Paying Agent/Registrar
on, and pa ya ble solely from, funds of the Issuer required by the ordinance authorizing the issuance of this
Certificate (the "Certificate Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as
hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States mail,
first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at its address
as it appeared on the last business day of the month preceding each such date (the "Record Date") on the
Registration Books kept by the Paying Agent/Registrar, as hereinafter described. In addition, interest may be
paid by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense
of, the registered owner. In the event of a non-payment of interest on a scheduled payment date, and for 30
days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by
the Paying Agent/Registr ar , if a nd when funds for the payment of such inter est ha ve been received from the
Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which
shall be 15 days after the Special Record Date) shall be sent at least five business days prior to the Special
Record Date by United States mail, first-class postage prepaid, to the address of each owner of a Certificate
appearing on the Registration Books at the close of business on the last business day next preceding the date
of mailing of such notice.
ANY ACCRUED INTEREST due at maturity or upon the redemption of this Certificate prior to
maturity as provided herein shall be paid to the registered owner upon presentation and surrender of this
Certificate for redemption and payment at the principal corporate trust office of the Paying Agent/Registrar.
T he Issuer covena nts with the r egistered owner of this Certifica te tha t on or befor e each pr incipa l pa yment da te,
interest payment date, and accrued interest payment date for this Certificate it will make available to the Paying
Agent/Registrar, from the "Interest and Sinking Fund" created by the Certificate Ordinance, the amounts
required to provide for t he pa yment , in immediately available funds, of all principal of and interest on the
Certificates, when due.
IF THE DATE for the payment of the principal of or interest on this Certificate shall be a Saturday,
Sunday, a legal holiday or a day on which banking institutions in the city where the principal corporate trust
office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date
for such payment shall be the next succeeding day that is not such a Saturday, Sunday, legal holiday or day
on which banking institutions are authorized to close; and payment on such date shall have the same force and
effect as if made on the or igina l da te payment was due.
THIS CERTIFICATE is one of a series of Certificates dated July 15, 2011, authorized in accordance
with the Constitution and laws of the State of T exas in the principal amount of $8,915,000 for pa ying a ll or
a portion of the Issuer's contractual obligations incurred in connection with constructing and improving streets
and roads including related drainage, signalization, landscaping, lighting, utility relocation and replacement,
on street parking, bridges and signage, constructing, improving and equipping impr ovements to the Old T own
Coppell public area, including landsca ping, parking, pavilion, playgrounds, restrooms, water fountains and
storage facilities, acquisition of land and interests in land for these projects; and paying legal, fiscal,
engineering and architectural fees in connection with these projects.
ON FEBRUARY 1, 2021, OR ON ANY DATE THEREAFTER, the Certificates of this series may
be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any
available and lawful source, as a whole, or in pa rt, and, if in part, the particular Certificates, or portions
8
thereof, to be redeemed shall be selected and designated by the Issuer (provided that a portion of a Certificate
may be redeemed only in an integral multiple of $5,000), at a redemption price equal to the principal amount
to be redeemed plus accrued interest to the date fixed for redemption.
AT LEAST 30 days pr ior to the date fixed for any r edemption of Cer tificates or portions ther eof pr ior
to matur ity a wr itten notice of such r edemption sha ll be sent by t he P a ying Agent /R egist r a r by Unit ed S t a t es
mail, first-class postage prepaid, to the registered owner of each Certificate to be redeemed at its address as
it appear ed on the 45th da y pr ior to such r edemption da te; pr ovided, however , tha t the fa ilur e of the r egister ed
owner to receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the
validity or effectiveness of the proceedings for the redemption of any Certificate. By the date fixed for any such
r edemption due pr ovision sha ll be made with the Paying Agent/Registr ar for t he payment of the r equir ed
redemption price for the Certificates or portions thereof that are to be so redeemed. If such written notice of
redemption is sent and if due provision for such payment is made, all as provided above, the Certificates or
portions thereof that are to be so redeemed thereby automatically shall be treated as redeemed prior to their
scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be
regarded as being outstanding except for the right of the registered owner to receive the redemption price from
the Paying Agent/Registrar out of the funds provided for such payment. If a portion of any Certificate shall
be r edeemed, a substitute Cer tifica t e or C er t ifica t es ha ving t he sa me ma t ur it y da t e, bea r ing int er es t a t the sa me
rate, in any denomina t ion or denominations in any integral multiple of $5,000, at the written request of the
r egistered owner, and in aggr ega te pr incipal amount equal to the unr edeemed por tion ther eof, will be issued
to the r egister ed owner upon the sur r ender ther eof for ca ncella tion, at the expens e of the Issuer , a ll as pr ovided
in the Certificate Or dina nce.
IF AT THE TIME OF MAILING of notice of optional redemption there shall not have either been
deposited with the Paying Agent/Registrar or legally authorized escrow agent immediately availa b le fu nds
sufficient to redeem all the Certificates called for redemption, such notice may state that it is conditional, and
is subject to the deposit of the redemption moneys with the Paying Agent/Registrar or legally authorized escrow
agent at or prior to the redemption date, and such notice shall be of no effect unless such moneys are so
deposited on or prior to the redemption date. If such redemption is not effectuated, the Paying Agent/Registrar
shall, within five days thereafter, give notice in the manner in which the notice of redemption was given that
such moneys were not so received and shall rescind the redemption.
ALL CERTIFICATES OF THIS SERIES are issuable solely as fully registered certificates, without
interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Certificate
Ordinance, this Certificate may, at the request of the registered owner or the assignee or assignees hereof, be
assigned, tr ansferr ed, conver ted into a nd excha nged for a like a ggr ega te pr incipal amount of fully r egistered
certificates, without interest coupons, payable to the appropriate registered owner, assignee or assignees, as
the case may be, having the same denomination or denominations in any integral multiple of $5,000 as
request ed in writing by the appropriate registered owner, assignee or assignees, as the case may be, upon
surrender of this Certificate to the Paying Agent/Registrar for cancellation, all in accordance with the form and
procedures set forth in the Certificate Ordinance. Among other requirements for such assignment and transfer,
this Cer tifica te must be pr esent ed a nd sur r ender ed t o the P a ying Agent/Registr a r , together with pr op er
instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar,
evidencing assignment of this Certificate or any portion or portions hereof in any integral multiple of $5,000
to the assignee or assignees in whose name or names this Certificate or any such portion or portions hereof is
or are to be registered. The form of Assignment printed or endorsed on this Certificate may be executed by
the registered owner to evidence the assignment hereof, but such method is not exclusive, and other instruments
of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this
9
Certificate or any portion or portions hereof fr om t ime t o t ime by the registered owner. The Paying
Agent/Registrar's reasonable standard or customary fees and charges for assigning, transferring, converting
and excha nging any Certificate or por tion ther eof will be paid by the Issuer. In any cir cumstance, any taxes
or governmental charges required to be paid with respect thereto shall be paid by the one requesting such
assignment, transfer, conversion or exchange, as a condition precedent to the exercise of such privilege. The
Paying Agent/Registrar shall not be required to make any such transfer, conversion, or exchange (i) during the
period commencing with the close of business on any Record Date and ending with the opening of business on
the next following principal or interest payment da t e, or (ii) with respect to any Cer tificate or any portion
ther eof ca lled for r edemption pr ior to ma tur ity, within 45 da ys pr ior to it s r edempt ion da t e.
IN THE EVENT any Paying Agent/Registrar for the Certificates is changed by the Issuer , resigns, or
otherwise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance that it promptly will
appoint a competent and legally qualified substitute therefor, and cause written notice thereof to be mailed to
the registered owners of the Certificates.
IT IS HEREBY certified, recited and covenanted that this Cer tifica te has been duly and validly
authorized, issued and delivered; that all acts, conditions and things required or proper to be performed, exist
and be done precedent to or in the authorization, issuance and delivery of this Certificate have been performed,
existed and been done in accordance with law; and that annual ad valorem taxes sufficient to pr ovide for the
payment of the interest on and principal of this Certificate, as such interest comes due and such principal
matur es, ha ve been levied a nd or der ed to be levied a ga inst all taxable pr operty in said Issuer, and ha ve been
pledged for such payment, within the limit pr escr ibed by law, and tha t t his C ertificate, together with other
obligations of the Issuer, is additionally secured by and payable from a limited pledge of the revenues of the
Issuer's waterwor ks and sewer sys t em r ema ining a ft er pa yment of a ll op er a t i o n a n d ma int ena nc e exp ens es
thereof, and all debt service, reserve and other requirements in connection with all of the Issuer's revenue
obligations (now or hereafter outstanding) that are payable from all or part of net r evenues of the Issuer's
wa terwor ks and sewer system, all as pr ovided in the Certificate Or dina nce.
T HE ISSUER HAS RESERVED T H E R I G HT to a mend the Certifica te Or dina nce as pr ovided
ther ein, and under some (but not a ll) cir cumst a nces a mendment s t her eto must be a ppr oved by t he r egist er ed
owners of a majority in aggregate principal amount of the outstanding Certificates.
BY BECOMING the r egistered owner of this Certificate, the r egistered owner ther eby a cknowledges
all of the terms and provisions of the Certificate Ordinance, agrees to be bound by such terms and provisions,
acknowledges tha t the C er tifica te Or dina nce is du ly r ecor ded a nd a va ila ble for inspection in the officia l minu tes
and records of the governing body of the Issuer, and agrees that the terms and provisions of this Certificate and
the Certificate Ordinance constitute a contract between each registered owner hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has ca used t his Certificate to be signed with the manual or
facsimile signature of the Mayor of the Issuer (or in the Mayor's absence, by the Mayor Pr o-T em) and
countersigned with the manual or facsimile signature of the City Secretary of said Issuer, and has caused the
official seal of the Issuer to be duly impr essed, or placed in facsimile, on this Certificate.
(signatur e)(signatur e)
City Secretary Mayor
(SEAL)
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(b) For m of Paying Agent/Registr ar 's Authentication Certificate.
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
(To be executed if this Certificate is not accompanied by an executed Registration
Certificate of the Comptroller of Public Accounts of the State of Texas)
It is hereby certified that this Certificate has been issued under the provisions of the Certificate
Ordinance described in the text of this Certificate; and that this Certificate has been issued in conversion or
replacement of, or in exchange for, a certificate, certificates, or a portion of a certificate or certificates of a
series t ha t or iginally was approved by the Attorney General of the State of Texas and registered by the
Comptroller of Public Accounts of the State of Texas.
Dated: .U.S. Bank National Association
Dallas, Texas
Paying Agent/Registrar
By:
Authorized Representative
(c) Form of Assignment.
ASSIGNMENT
(Please print or type clearly)
For value received, the undersigned hereby sells, assigns and transfers unto:
Transferee's Social Security or Taxpayer Identification Number:
T r ansferee's na me and addr ess, including zip code:
the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints
, attorney, to register the transfer of
the within Certificate on the books kept for registration thereof, with full power of substitution in the premises.
Dated: .
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by an
eligible guar a ntor institution participating in a
securities transfer association recognized signature
gua r a ntee pr ogr a m.
NOTICE: The signature above must correspond with
the name of the registered owner as it appears upon
the front of this Certificate in every particular,
without alteration or enlargement or any change
whatsoever.
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(d) Form of Registration Certificate of the Comptroller of Public Accounts.
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO.
I hereby certify that this Certificate has been examined, certified as to validity and approved by the
Attorney General of the State of Texas, and that this Certificat e has been registered by the Comptroller of
Public Accounts of the State of Texas.
Witness my signature and seal this .
Comptroller of Public Accounts of the State of Texas
(COMPTROLLER'S SEAL)
(e) Initial Certificate Insertions.
(i) The initial Certificate shall be in the form set forth is paragraph (a) of this Section, except
that:
A. immediately under the name of the Certificate, the headings "Interest Rate" and
"Maturity Date" shall both be completed with the words "As shown below" and "CUSIP No.
_____" shall be deleted.
B. the first paragraph shall be deleted and the following will be inserted:
"THE CITY OF COPPELL, TEXAS, in Dallas and Denton Counties, Texas (the "Issuer"), being a political
subdivision and municipal cor por ation of the State of T exas, her eby pr omises to pay to the Registered Owner
specified above, or registered assigns (hereinafter called the "Registered Owner "), on Febr uar y 1 in each of the
years, in the principal installments and bearing interest at the per annum rates set forth in the following
schedule:
Yea r s Pr incipal Installments Interest Rates
(Information from Section 2 to be inserted)
The Issuer promises to pay interest on the unpaid principal amount hereof (calculated on the basis of a 360-day
yea r of twelve 30-da y months ) fr om July 15, 2011 at the r espective Int er est R a t e per a nnum specified a bove.
Interest is payable on February 1, 2012, and semiannually on each August 1 and Februar y 1 ther eafter to the
date of payment of the principal installment specified above, or the date of redemption prior to maturity; except,
that if this Certificate is required to be authenticated and the date of its authentication is later than the first
Record Date (hereinafter defined), such Principal Amount shall bear interest from the interest payment date
next preceding the date of authentication, unless such date of authentication is after any Record Date but on
or before the next following interest payment date, in which case such principal amount shall bear interest from
such next following interest payment date; provided, however, that if on the date of authentication hereof the
interest on the Certificate or Certificates, if any, for which this Certificate is being exchanged is due but has
not been paid, then this Certificate shall bear interest from the date to which such interest has been paid in full."
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C. The Initial Certificate shall be numbered "T-1."
Section 5. INTEREST AND SINKING FUND; SURPLUS REVENUES.
(a) A special "Interest and Sinking Fund" is her eby cr eated a nd sha ll be established and maintained
by the Issuer at an official depository bank of said Issuer. Said Interest and Sinking Fund shall be kept
separate and apart fr om a ll ot her funds and accounts of said Issuer, and shall be used only for paying the
interest on and pr incipal of said Certificates. All amounts r eceived fr om the sa le of the C er tifica tes as accr ued
interest, shall be deposited upon receipt to the Interest and Sinking Fund, and all ad valorem taxes levied and
collected for and on account of said Certificates shall be deposited, as collected, to the credit of said Interest
and Sinking Fund. During each year while any of said Certificates are outstanding and unpaid, the governing
body of said Issuer shall compute and ascertain a rate and amount of ad valorem tax that will be sufficient to
raise and produce the money requir ed to pay the inter est on said Cer tificates as such inter est comes due, and
to provide and maintain a sinking fund adequate to pay the principal of said Certificates as such principal
matures (but never less than 2% of the original amount of said Certificates as a sinking fund each year); and
said tax shall be based on the latest approved tax rolls of said Issuer, with full allowances being made for tax
delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is
hereby ordered to be levied, against all taxable property in said Issuer, for each year while any of said
Certificates are outstanding and unpaid, and said tax shall be assessed and collect ed each such year and
deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to provide
for the payment of the interest on and principal of said Certificates, as such interest comes due and such
principal matures, are hereby pledged for such payment, within the limit prescribed by law.
(b) That said Certificates, together with other obligations of the Issuer, are additionally secured by
and shall be payable from and secured by the collection of the limited surplus revenues of the Issuer's
waterworks and sewer system, after payment of all expenses of operation and maintenance thereof, and all debt
service, reserve, and other requirements in connection with all of the Issuer's revenue bonds or other obligations
(now or hereafter outstanding), which are payable from all or any part of the net revenues of the Issuer's
waterworks and sewer system, constituting "Surplus Revenues", with such revenues fr om the waterworks and
sewer system not exceeding $1,000. The Issuer shall deposit such Surplus Revenues to the credit of the Interest
and Sinking Fund created pursuant to this Section, to the extent necessary to pay the principal and interest on
the Certificates. Notwithstanding the requirements of this Section, if revenues are actually on deposit or
budgeted for deposit in the Interest and Sinking Fund in advance of the time when ad valorem taxes are
scheduled to be levied for any year, then the amount of taxes which otherwise would have been required to be
levied pursuant to this Section may be reduced to the extent and by the amount of the lawfully availa ble funds
then on deposit in the Interest and Sinking Fund.
(c) Article 1208, Government Code, applies to the issuance of the Cer tifica tes and the pledge of the
taxes and Surplus Revenues granted by the Issuer under this S ect ion, and is therefore valid, effective, and
perfected. Should Texas law be amended at any time while the Certificates ar e outstanding and unpaid, the
r esult of such amendment being tha t the pledge of the taxes and Sur plus Revenues gr anted by the Issuer under
this Section, is to be subject to the filing requirements of Chapter 9, Business & Commerce Code, in order to
preserve to the registered owners of the Certificates a security interest in said pledge, the Issuer agrees to take
such measures as it determines are reasonable and necessary under Texas law to comply with the applicable
provisions of Chapter 9, Business & Commerce Code and enable a filing of a security interest in said pledge
to occur.
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Section 6. DEFEASANCE OF CERTIFICATES.
(a) Any Certificate and the interest thereon shall be deemed to be paid, retired and no longer
outstanding (a "Defeased Certificate") within the meaning of this Ordinance, except to the extent provided in
subsection (d) of this Section, when payment of the principal of such Certificate, plus interest thereon to the
due date (whether such due date be by reason of maturity or otherwise) either (i) sha ll ha ve been made or
caused to be made in accordance with the terms thereof, or (ii) shall have been provided for on or before such
due date by irrevocably depositing with or making available to the Paying Agent/Registrar in accordance with
an escr ow agr eement or other instr ument (the "Futur e Escr ow Agr eement") for such payment (1) la wful money
of the United States of America sufficient to make such payment or (2) Defeasance Securities that mature as
to principal and interest in such amounts and at such times as will insure the availability, without reinvestment,
of sufficient money to pr ovide for such payment, and when pr oper ar r angements ha ve been made by the Issuer
with the Paying Agent/Registrar for t he payment of its services until all Defeased Certificates shall have
become due and payable. At such time as a Certificate shall be deemed to be a Defeased Certificate hereunder,
as afor esaid, such Certificate and the interest ther eon sha ll no longer be secur ed by, pa ya ble fr om, or entitled
to the benefits of, the ad valorem taxes herein levied and pledged or the limited pledge of Surplus Revenues as
provided in this Ordinance, and such principal and interest shall be payable solely from such money or
Defeasance Securities. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby
provided that any determination not to redeem Defeased Certificates that is made in conjunction with the
payment ar r angements specified in subsection (a)(i) or (ii) of this Section sha ll not be ir r evocable, pr ovided
that: (1) in the proceedings providing for such payment arrangements, the Issuer expressly reserves the right
to call the Defeased Certificates for redemption; (2) gives notice of the reservation of that right to the owners
of the Defeased Certificates immediately following the making of the payment arrangements; and (3) directs
that notice of the reservation be included in any redemption notices that it authorizes.
(b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the
Issuer be invested in Defeasance Securities, maturing in the amounts and times as her einbefore set for th, and
all income from such Defeasance Securities received by the Paying Agent/Registrar that is not required for the
payment of the Certificates and interest thereon, with respect to which such money has been so deposited, shall
be turned over to the Issuer, or deposited as directed in writing by the Issuer. Any Futur e Escr ow Agreement
pur suant to which the money a nd/or Defeasance Secur ities ar e held for the pa yment of Defea sed C er tifica tes
may contain provisions permitting the investment or reinvestment of such moneys in Defeasance Securities or
the substitution of other Defeasance Securities upon the satisfaction of the r equir ements specified in subsection
(a)(i) or (ii) of this Section. All income from such Defeasance Securities received by the Paying
Agent/Registrar which is not required for the payment of the Defeased Certificates, with respect to which such
money has been so deposited, shall be remitted to the Issuer or deposited as directed in writing by the Issuer.
(c) The term "Defeasance Securities" means (i) direct, noncallable obligations of the United States of
America , including obligations that are unconditionally guaranteed by the United States of America., (ii)
noncallable obligations of an agency or instrumentality of the United States of Amer ica, including obligations
that are unconditionally guaranteed or insured by the agency or instrumentality and that are rated as to
investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, and
(iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of
a state that have been refunded and that, on the date the governing body of the Issuer adopts or approves the
pr oceedings author izing the fina ncial ar rangements ar e rated a s to investment qua lity by a na tiona lly r ecognized
investment rating firm not less than AAA or its equivalent.
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(d) Until all Defeased Certificates shall have become due and payable, the Paying Agent/Registrar
shall perform the services of Paying Agent/Registrar for such Defeased Certificates the same as if they had not
been defeased, and the Issuer sha ll make pr oper ar r angements to pr ovide a nd pay for such services as requir ed
by this Or dina nce.
(e) In the event that the Issuer elects to defease less than all of the pr incipal amount of Cer tificates of
a maturity, the Paying Agent/Registrar shall select, or cause to be selected, such amount of Certificates by such
r andom method a s it deems fair and appr opr iate.
Section 7. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED CERTIFICATES.
(a) Replacement Certificates. In the event any outstanding Certificate is damaged, mutilated, lost,
stolen or destr oyed, the Paying Agent/Registr ar sha ll cau s e to be pr inted, executed a nd deliver ed, a new
certificate of the same principal amount, maturity and interest rate, as the damaged, mutilated, lost, stolen or
destroyed Certificate, in replacement for such Certificate in the manner hereinafter provided.
(b) Application for Replacement Certificates. Application for replacement of damaged, mutilated,
lost, stolen or destroyed Certificates shall be made by the registered owner thereof to the Paying
Agent/Registrar. In every case of loss, theft or destruction of a Certificate, the registered owner applying for
a replacement certificate shall furnish to the Issuer and to the Paying Agent/Registrar such security or
indemnity as may be required by them to save each of them harmless from any loss or damage with respect
thereto. Also, in every case of loss, theft or destruction of a Certificate, the registered owner shall furnish to
the Issuer and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft or destruction of
such Certificate, as the case may be. In every case of da ma ge or mu t ilation of a Certificate, the r egistered
owner shall surrender to the Paying Agent/Registrar for cancellation the Cer tificate so damaged or mutila ted.
(c) No Default Occurred. Notwithstanding the foregoing provisions of this , in the event any such
Certificate shall have matured, a nd no default has occurred that is then continuing in the payment of the
principal of, redemption premium, if any, or interest on the Certificate, the Issuer may authorize the payment
of the same (without surrender thereof except in the case of a damaged or mutilated Certificate) instead of
issuing a replacement Certificate, provided security or indemnity is furnished as above provided in this Section.
(d) Cha r ge for Issuing Replacement Certificates. Pr ior to the issua nce of any r epla cement cer tifica te,
the Paying Agent/Registr ar shall char ge the r egister ed owner of such Cer tificate with all legal, pr inting, and
other expenses in connection therewith. Every replacement certificate issued pursuant to the provisions of this
Section by virtue of the fact that any Certificate is lost, stolen or destroyed shall constitute a contractual
obligation of the Issuer whether or not the lost, stolen or destroyed Certificate shall be found at any time, or
be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately
with a ny and all other Certificates duly issued under this Or dina nce.
(e) Authority for Issuing Replacement Certificates. In accordance with Sec. 1206.022, Government
Code, this Section 7 of this Ordinance sha ll constitute authority for the issuance of any such replacement
certificate without necessity of further action by the governing body of the Issuer or any other body or person,
and the duty of the replacement of such certificates is hereby authorized and imp os ed u p on the Paying
Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Certificates in the form
a nd ma nner a nd with the effect, as provided in Section 3(a) of this Ordinance for Certificates issued in
conversion and exchange for other Certificates.
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Section 8. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES; BOND
COUNSEL'S OPINION; CUSIP NUMBERS AND CONTINGENT INSURANCE PROVISION, IF
OBTAINED; ENGAGEMENT OF BOND COUNSEL.
(a) The Mayor of the Issuer is hereby authorized to have control of the Cer tifica tes initia lly issued and
delivered hereunder and all necessary records and proceedings pertaining t o t he C er tificates pending their
delivery and their investigation, examination, and approval by the Attorney General of the State of T exas, and
their registration by the Comptroller of Public Accounts of the State of T exa s. Upon r egis t r a tion of the
Certificates said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller)
shall manually sign the Comptroller's Registration Certificate attached to such Certificates, and the seal of sa id
Comptroller shall be impressed, or placed in facsimile, on such Certificate. The approving legal opinion of the
Issuer 's Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the
Certificates issued and delivered under this Ordinance, but neither shall have any legal effect, and shall be
solely for the convenience and information of the registered owners of the Certificates. In addition, if bond
insurance is obtained, the Certificates may bear an appropriate legend as provided by the insurer.
(b) The obligation of the initial purchaser to accept delivery of the Certificates is subject to the initial
purchaser being furnished with the final, approving opinion of McCall, Parkhurst & Horton L.L.P., bond
counsel to the Issuer, which opinion shall be dated as of and delivered on the date of initial delivery of the
Certificates to the initial purchaser. The engagement of such firm as bond counsel to the Issuer in connection
with issuance, sale and delivery of the Cer tificates is her eby ap pr oved and confir med. The execution and
delivery of an engagement letter b et ween the Issuer and such fir m, with respect to such ser vices as bond
counsel, is hereby authorized in such form as may be approved by the Mayor, and the Mayor is hereby
authorized to execute such engagement letter.
Section 9. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE
CERTIFICATES.
(a) Covenants. The Issuer covenants to take any action necessary to assure, or refrain from any action
tha t wou ld a dver sely a ffect, the tr ea tment of the C er tifica tes as Obliga t ion des cr ibed in sect ion 103 of t he C ode,
the int er es t on which is not includa ble in the "gr oss income" of the hol der f or pur poses of feder a l income
taxation. In furtherance thereof, the Issuer covenants as follows:
(1) to take any action to assure that no more than 10 percent of the proceeds of the
Certificates (less amounts deposited to a reserve fund, if any) are used for any "private business use,"
as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds or the projects
financed therewith are so used, such amounts, whether or not received by the Issuer, with respect to
such private business use, do not, under the terms of this Ordinance or any underlying arrangement,
directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on
the Certificates, in contr avention of section 141(b)(2) of the Code;
(2) to take any action to assure that in the event that the "private business use" described in
subsection (1) her eof exceeds 5 percent of the pr oceeds of the Certificates or the pr ojects fina nced
therewith (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent
is used for a "private business use" that is "related" and not "disproportionate," within the meaning of
section 141(b)(3) of the C ode, to the gover nment a l use;
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(3) to take any action to assure that no amount that is greater than the lesser of $5,000,000,
or 5 percent of the proceeds of the Certificates (less amounts deposited into a reserve fund, if any) is
directly or indirectly used to finance loans to persons, other than state or local governmental units, in
contr avention of section 141(c) of the Code;
(4) t o refrain from taking any action that would otherwise result in the Certificates being
tr eated a s "pr iva te activity bonds" within the meaning of section 141(b) of the Code;
(5) to refrain from taking any action that would result in the C ertificates being "federally
guar anteed" within the meaning of section 149(b) of the C ode;
(6) to refrain from using any portion of the proceeds of the Certificates, directly or indirectly,
to acquire or to replace funds that were used, directly or indirectly, to acquire investment property (as
defined in section 148(b)(2) of the Code) that produces a materially higher yield over the term of the
Certificates, other than investment property acquired with –
(A) proceeds of the Certificates invested for a reasonable temporary period of 3 years
or less or, in the case of a refunding bond, for a period of 30 days or less until such proceeds
are needed for the purpose for which the bonds are issued,
(B) amounts invested in a bona fide debt service fund, within the meaning of section
1.148-1(b) of the Treasury Regulations, and
(C) amounts deposited in any reasonably required reserve or replacement fund to the
extent such amounts do not exceed 10 percent of the proceeds of the Certificates;
(7) to otherwise restrict the use of the proceeds of the Certificates or amounts treated as
proceeds of the Certificates, as may be necessary, so that the Certificates do not otherwise contravene
the requirements of section 148 of the Code (r elating to arbitrage) and, to the extent applicable, section
149(d) of the Code (relating to advance refundings);
(8) to pay to the United St a t es of America at least once during each five-year period
(beginning on the date of delivery of the Certificates) an amount that is at least equal to 90 percent of
the "Excess Ear nings," within the meaning of section 148(f) of the C ode and to pa y to the United
States of America, not later than 60 days after the Certificates have been paid in full, 100 percent of
the a mount then r equir ed to be paid as a r esult of Excess Ea r nings under sect ion 148(f) of the C ode;
and
(9) to assure that the proceeds of the Certificates will be used solely for new money.
(b) Rebate Fund. In order to facilitate compliance with the above covenant (a)(8), a "Rebate Fund"
is hereby established by the Issuer for the sole benefit of the United Sta tes of Amer ica , a nd such F und sha ll not
be subject to the claim of any other person, including without limitation the certificateholders. The Rebate
Fund is established for the a dditional pur pose of compliance with section 148 of the Code.
(c) Use of Proceeds. For purposes of the foregoing covenants (a)(1) and (a)(2), the Issuer understands
that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case
of refunding bonds, transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date
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of issuance of the Certificates. It is the understanding of the Issuer that the covenants contained herein are
intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S.
Depar tment of the T r easur y pur suant ther eto. In the event tha t regulations or rulings ar e her ea fter pr omulga ted
tha t modify or expa nd pr ovisions of the C ode, as applica ble to the Cer tifica tes, the Issuer will not be r equir ed
to comply with any covena nt cont a ined herein to the extent tha t such fa ilur e to comply, in the opinion of
nationally recognized bond counsel, will not adversely affect the exemption from federal income taxation of
interest on the Certifica tes under section 103 of the Code. In the event tha t r egula tions or r ulings ar e her ea fter
promulgated that impose additional requirements applicable to the Certificates, the Issuer agrees to comply with
the additional requirements to the extent necessary, in the opinion of nationally recognized bond counsel, to
preserve the exemption from federal income taxation of interest on the Certificates under section 103 of the
Code. In fur ther ance of such intent ion, the Issuer her eby a ut hor izes a nd dir ect s t he M a yor , t he C it y M a na ger
and the Director of Finance to execute any documents, certificates or reports required by the Code and to make
such elections, on behalf of the Issuer, that may be permitted by the Code as are consistent with the purpose
for the issuance of the Certificates.
(d) Allocation of, and Limitation on, Expenditures for the Project. T he Issuer covenants to account
for the expenditure of sale proceeds and investment earnings to be used for the construction and acquisition of
the Project on its books and records by alloca ting proceeds to expenditures within 18 months of the later of the
da te tha t (1) the expenditur e is made, or (2) the Pr oject is completed. T he for egoing notwiths ta nding, the Issuer
sha ll not expend pr oceeds of the s a le of the C er t ifica t es or inves t ment ea r nings ther eon mor e tha n 60 da ys a ft er
the earlier of (1) the fifth anniversary of the delivery of the Certificates, or (2) the date the Certificates are
retired, unless the Issuer obtains an opinion of nationally-recognized bond counsel that such expenditure will
not adversely affect the status, for federal income tax purposes, of the Certificates or the interest thereon. For
purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains an opinion that such
fa ilur e to comply will not a dver sely a ffect the excluda bility for feder a l income t a x pur poses fr om gr oss income
of the interest.
(e) Disposition of Pr oject. T he Issuer covena nt s tha t the P r oject will not be sold or ot her wise dispos ed
in a transaction resulting in the receipt by the Issuer of cash or other compensation, unless the Issuer obtains
an opinion of nationally-recognized bond counsel that such sale or other disposition will not adversely affect
the tax-exempt status of the Certificates. For purposes of the foregoing, the portion of the property comprising
personal property and disposed in the ordinary course shall not be treated as a tr a nsa ct ion r esulting in the
receipt of cash or other compensation. For purposes hereof, the Issuer shall not be obligated to comply with
this covenant if it obtains a legal opinion that such failure to comply will not adversely affect the excludability
for federal income tax proposes from gross income of the interest.
Section 10. SALE OF CERTIFICATES AND APPROVAL OF OFFICIAL STATEMENT;
FURTHER PROCEDURES.
(a ) The Certificates are hereby sold and shall be delivered to _____________________ (the
"Underwriters") for the purchase price of $_________________ (representing the par amount of the
Certificates of $8,915,000.00, plus a net reoffering premium of $________________ and less an Underwriters'
discount on the Certificates of $___________________) plus accr ued interest (accr ued interest to be deposited
into the Interest and Sinking Fund) thereon to date of delivery pursuant to the terms and provisions of a
Purchase Agreement with the Under writer s. It is her eby officially fou nd, deter mined, and decla r ed tha t the
Certificates have been sold pursuant to the terms and provisions of a Purchase Agreement in substantially the
form presented at this meeting, which the Mayor of the Issuer is hereby authorized and directed to execute and
deliver. It is hereby officially found, determined, and declared that the terms of this sale are the most
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advantageous reasonably obtainable. The Initial Certificate shall be registered in the name of
__________________________, or its designee.
(b) The Issuer hereby approves the form and content of the Official Statement relating to the
Certificates and any addenda, supplement or amendment thereto, and approves the distribution of such Official
Statement in the reoffering of the Certificates by the Underwriters in final form, with such changes therein or
additions thereto as the officer executing the same may deem advisable, such determination to be conclusively
evidenced by his execution thereof. T he distribution and use of the Preliminary Official Statement dated July
___, 2011, prior to the date hereof is hereby ratified and confirmed.
(c) The Mayor and Mayor Pro Tem, the City Manager, City Secretary and Director of Finance of the
Issuer , and ea ch of them, sha ll be a nd they a r e her eby expr essly a ut hor ized, empower ed a nd dir ect ed fr om t ime
to time and at any time to do and per form all such acts and things and to execute, acknowledge and deliver in
the name and under the corporate seal and on behalf of the Issuer a Paying Agent/Registrar Agreement with
the Paying Agent/Registrar and all other instruments, whether or not herein mentioned, as may be necessary
or desirable in order to carry out the terms and provisions of this Ordinance, the Certificates, the sale of the
Certificates and the Official Statement. In case any officer whose signature shall appear on any Certificate
shall cease to be such officer before the delivery of such Certificate, such signature shall nevertheless be valid
and sufficient for all purposes the same as if such officer had remained in office until such delivery.
Section 11. INT EREST EARNINGS ON CERT IFICAT E P ROCEEDS . Int er est ear nings der ived
from the investment of proceeds from the sale of the Certificates shall be used along with other certificate
proceeds for the Project; provided that after completion of such purpose, if any of such interest earnings remain
on hand, such interest earnings shall be deposited in the Int er est and S inking Fund. It is fur ther pr ovided,
however, tha t any inter est ear nings on cer tifica te pr oceeds tha t ar e r equir ed to be r eba ted to the United S ta tes
of America pursuant to Section 9 hereof in order to prevent the Certificates from being arbitrage bonds shall
be so rebated and not considered as interest earnings for the purposes of this Section.
Section 12. CONSTRUCTION FUND.
(a) The Issuer hereby creates and establishes and shall maintain on the books of the Issuer a separate
fund to be entitled the "Series 2011 Combination Tax and Revenue Certificate of Obliga t ion Construction
Fund" for use by the Issuer for payment of all lawful costs associated with the Project as hereinbefore provided,
and to pay the costs of issuance of the Certificates. Upon payment of all such costs, any moneys remaining
on deposit in said Fund shall be transferred to the Int er es t a nd Sinking Fund. Amounts so deposited to the
Interest and Sinking Fund sha ll be used in the manner descr ibed in S ection 5 of this Or dina nce.
(b) The Issuer may invest proceeds of the Certificates (including investment earnings thereon) and
amounts deposited into the Interest and Sinking Fund in investments authorized by the Public Funds Investment
Act, Chapter 2256, Texas Government Code, as amended; provided, however, that the Issuer hereby covenants
that the proceeds of the sale of the Certificates will be used as soon as practicable for the purposes for which
the Certificates are issued.
(c) All deposits author ized or requir ed by this Or dina nce sha ll be secur ed to the fullest extent r equir ed
by law for the security of public funds.
Section 13. COMPLIANCE WITH RULE 15c2-12.
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(a ) Definit ions. As used in t his S ect ion, t he following t er ms ha ve t he mea nings a scr ibed to such ter ms
below:
"MSRB" means the Municipal Securities Rulemaking Board.
"Rule" means SEC Rule 15c2-12, as amended fr om time to time.
"SEC" means the United States Securities and Exchange Commission.
(b) Annual Reports.
(i) The Issuer shall provide annually to the MSRB, in an electronic format as prescribed by
the MSRB, within six months after the end of each fiscal year ending in or after 2011, financial
information and operating data with respect to the Issuer of the general type included in the final
Official Statement authorized by Section 10 of this Ordinance, being the information described in
Exhibit A hereto. Any financial statements so to be provided shall be (1) prepared in accordance with
the accounting principles described in Exhibit A hereto, or such other accounting principles as the
Issuer may be required to employ from time to time pursuant to state law or regulation, and (2)
audited, if the Issuer commissions an audit of such statements and the audit is completed within the
period during which they must be provided. If the audit of such financial statements is not complete
within such period, then the Issuer sha ll pr ovide una udited fina ncial statements by the r equir ed time,
and shall provide audited financia l statements for the applicable fiscal year to the MSRB, when and
if the a udit repor t on such statements become ava ilable.
(ii) If the Issuer changes its fiscal year, it will notify the MSRB of the change (and of the date
of the new fiscal year end) prior to the next date by which the Issuer otherwise would be required to
provide financial information and operating data pursuant to this Section. The financial information
and operating data to be provided pursuant to this Section may be set forth in full in one or more
documents or may be included by specific reference to any document that is available to the public on
the MSRB's internet website or filed with the SEC. All documents provided to the MSRB pursuant
to this Section shall be accompanied by identifying information as prescribed by the MSRB.
(c) Event Notices.
(i) The Issuer shall notify the MSRB in an electronic format as prescribed by the MSRB, in
a timely manner (but not in excess of ten business days after the occurrence of the event) of any of the
following events with respect to the Certificates, if such event is mater ial within the meaning of the
federal securities laws:
1. Non-payment related defaults;
2. Modifications to rights of Certificateholders;
3. Certificate calls;
4. Release, substitution, or sale of property securing repayment of the Certificates;
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5. The consummation of a merger, consolidation, or acquisition involving an
obligated person or the sale of all or substantially a ll of t he assets of the obligated person,
other than in the ordinary course of business, the entry into a definitive agreement to undertake
such a n a ction or the termination of a definitive a gr eement relating to any such actions, other
than pursuant to its terms; and
6. Appointment of a successor or additional tr ustee or the cha nge of na me of a tr ustee.
(ii) The Issuer shall notify the MSRB in an electronic format as prescribed by the MSRB, in
a timely manner (but not in excess of ten business days after the occur r ence of the event) of any of the
following events with r espect to the Certificates, without r ega r d to whether such event is consider ed
material within the meaning of the federal securities laws:
1. Principal and interest payment delinquencies;
2. Unscheduled draws on debt service reserves reflecting financial difficulties;
3. Unscheduled draws on credit enhancements reflecting financial difficulties;
4. Substitution of cr edit or liquidity pr ovider s, or their fa ilur e to per for m;
5. Adver se tax opinions or the issua nce by the Int er na l Revenue Ser vice of pr op os ed
or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701–TEB) or
ot her ma terial notices or determinations with respect to the tax-exempt status of the
Certificates, or other events affecting the tax-exempt status of the Certificates;
6. Tender offers;
7. Defeasances;
8. Rating changes;
9. Bankruptcy, insolvency, receiver ship or simila r event of an obligated per son
(iii) The Issuer shall notify the MSRB, in a timely manner, of any failure by the Issuer to
provide financial information or operating data in accordance with subsection (b) of this Section by
the time required by such subsection.
(d) Limitations, Disclaimers, and Amendments.
(i) The Issuer shall be obligated to observe and perform the covenants specified in this Section
for so long as, but only for so long as, the Issuer remains an "obligated per son" with respect to the
Certificates within the meaning of the Rule, except that the Issuer in any event will give notice of any
deposit made in a ccor da nce with this Or dina nce or applicable la w tha t causes Certificates no longer
to be outstanding.
(ii) The provisions of t his S ect ion are for the sole benefit of the registered owners and
beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give any
21
benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Issuer
undertakes to pr ovide only the fina ncial infor mation, operating da ta, fina ncial statements, and notices
which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to
pr ovide any other information that may be relevant or material to a complete presentation of the
Issuer's financial results, condition, or prospects or hereby undertake to update any information
pr ovided in accor da nce with this Section or other wise, except as expr essly pr ovided her ein. The Issuer
does not make any representation or warranty concerning such information or its usefulness to a
decision to invest in or sell Certificates at any futur e da te.
(iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE
REGISTERED OWNER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER
PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART
FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON
ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND
REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF
ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC
PERFORMANCE.
(iv) No default by the Issuer in observing or performing its obligations under t his Section
shall comprise a breach of or default under this Ordinance for purposes of any other provision of this
Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the
duties of the Issuer under federal and state securities laws.
(v) Should the Rule be amended to obliga te the Issuer to make filings with or pr ovide notices
to entities other than the MSRB, the Issuer hereby agrees to undertake such obligation with respect
to the Certificates in accordance with the Rule as amended. The provisions of this Section may be
amended by the Issuer from time to time to adapt to changed circumstances that arise from a change
in legal requirements, a change in law, or a change in the identity, natur e, status, or type of oper ations
of the Issuer, but only if (1) the provisions of this Section, as so amended, would have permitted an
underwriter to purchase or sell Certificates in the primary offering of the Certificates in compliance
with the Rule, taking into account any amendments or interpretations of the Rule since such offer ing
as well as such changed circumst a nces a nd (2) either (a) the registered owners of a majority in
aggregate principal amount (or any greater amount required by any other provision of this Ordinance
that authorizes such an amendment) of the outstanding Certificates consent to such amendment or (b)
a person tha t is una ffiliated with the Issuer (such as na tionally r ecognized bond counsel) determined
that such amendment will not materially impair the interest of the registered owners and beneficial
owners of the Certificates. The Issuer may also amend or repeal the provisions of this continuing
disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of
final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the
extent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing
or selling Certificates in the primary offering of the Certificates. If the Issuer so amends the provisions
of this Section, it sha ll include with a ny amended fina ncial infor mation or oper a ting da ta next pr ovided
in accordance with subsection (b) of this Section an explanation, in narrative form, of the reason for
the amendment and of the impact of any change in the type of financial information or operating data
so provided.
Section 14. METHOD OF AMENDMENT . T he Issuer hereby reserves the right to amend this
Ordinance subject to the following terms and conditions, to-wit:
22
(a) The Issuer may fr om time to time, without the consent of any holder , except as other wise requir ed
by paragraph (b) below, amend or supplement this Ordinance in order to (i) cur e a ny ambiguity, defect or
omission in this Ordinance that does not materially adversely affect the interests of the holders, (ii) grant
additional rights or security for the benefit of the holders, (iii) add events of default as shall not be inconsistent
with the provisions of this Ordinance and that shall not materially adversely affect the interests of the holders,
(iv) qualify this Ordinance under the Trust Indenture Act of 1939, as amended, or corresponding provisions
of federal laws from time to time in effect, or (v) make such other provisions in regard to matters or questions
arising under this Ordinance as shall not be inconsistent with the provisions of this Ordinance and that shall
not in the opinion of the Issuer's Bond Counsel materially adversely affect the interests of the holders.
(b) Except as provided in paragraph (a) above, the holders of Certificates aggregating in principal
amount 51% of the aggregate principal amount of then outstanding Certificates that are the subject of a
proposed amendment shall have the right from time to time to approve any amendment hereto that may be
deemed necessary or desir a ble by t he Issuer; provided, however, that without the consent of 100% of the
holders in aggregate principal amount of the then outstanding Certificates, nothing herein contained shall permit
or be constr ued to permit amendment of the terms and conditions of this Or dina nce or in any of the Certificates
so as to:
(1) Make any change in the maturity of any of the outstanding Certificates;
(2) Reduce the rate of interest borne by any of the outstanding Certificates;
(3) Reduce the amount of the principal of, or redemption premium, if any, payable on any
outstanding Certificates;
(4) Modify the terms of payment of principal or of interest or r edemp t ion pr emium on
outstanding Certificates or any of them or impose any condition with respect to such payment; or
(5) Cha nge the minimum per cent a ge of the pr incipa l a mount of a ny ser ies of C er t ifica t es
necessary for consent to such amendment.
(c) If at any time the Issuer shall desire to amend this Ordinance under this Section, the Issuer shall
send by U.S. mail to each registered owner of the affected Certificates a copy of the proposed amendment and
cause notice of the proposed amendment to be published at least once in a financial publication published in
The City of New York, New York or in the State of Texas. Such published notice shall briefly set forth the
nature of the proposed amendment and shall state that a copy thereof is on file at the office of the Issuer for
inspection by all holders of such Certificates.
(d) Whenever at any time within one year from the date of publication of such notice the Issuer shall
receive an instrument or instruments executed by the holders of at least 51% in aggregate principal amount of
all of the Certificates then outstanding that are required for the amendment, which instrument or instruments
shall refer to the proposed amendment and that shall specifically consent to and approve such amendment, the
Issuer may adopt the a mendment in substa ntia lly the sa me for m.
(e) Upon the adoption of any amendatory Ordinance pursuant to the provisions of this Section, this
Ordinance shall be deemed to be modified and amended in accordance with such amendatory Ordinance, and
the respective rights, duties, and obliga t ions of the Issuer and all holders of such affected Certificates shall
thereafter be determined, exercised, and enforced, subject in all respects to such amendment.
23
(f) Any consent given by the holder of a Certificate pursuant to the provisions of this Section shall be
irrevocable for a period of six months from the date of the publication of the notice pr ovided for in this Section,
and shall be conclusive and binding upon all future holders of the same Certificate during such period. Such
consent may be revoked at any time after six months from the date of the publication of said notice by the
holder who gave such consent, or by a successor in title, by filing notice with the Issuer, but such revocation
sha ll not be effective if the holder s of 51% in aggr ega t e p r inc ip a l a mount of the a ffected C er tifica tes then
outstanding, have, prior to the attempted revocation, consented to and approved the amendment.
For the purposes of establishing ownership of the Certificates, the Issuer sha ll r ely solely upon the
registration of the ownership of such Certificates on the registration books kept by the Paying Agent/Registrar.
Section 15. DEFAULT AND REMEDIES.
(a) Events of Default. Each of the following occurrences or events for the purpose of this Ordinance
is hereby declared to be an Event of Default:
(i) the failur e to make payment of the pr incipa l of or int er est on any of the C er tifica tes when
the same becomes due and payable; or
(ii) default in the performance or observance of any other covenant, agreement or obligation
of the City, the failure to perform which materially, adversely affects the rights of the regist er ed
owners of the Certificates, including, but not limited to, their prospect or ability to be repaid in
accordance with this Ordinance, and the continuation thereof for a period of 60 days after notice of
such default is given by any Registered Owner to the City.
(b) Remedies for Default.
(i) Upon the ha ppening of any Event of Default, then and in ever y case, any Registered Owner
or an authorized representative thereof, including, but not limited to, a trustee or trustees therefor, may
pr oceed aga ins t t he I s s u er for the pur pos e of pr ot ecting and enfor cing the r ights of the R egister ed
Owners under this Ordinance, by mandamus or other suit, action or special proceeding in equity or at
la w, in any court of competent jurisdiction, for any relief permitted by law, including the specific
performance of any covenant or agreement contained herein, or thereby to enjoin any act or thing that
may be unlawful or in violation of any right of the Registered Owners hereunder or any combination
of such remedies.
(ii) It is provided that all such proceedings shall be instituted and maintained for the equal
benefit of all Registered Owners of Certificates then outstanding.
(c) Remedies Not Exclusive.
(i) No remedy herein conferred or reserved is intended to be exclusive of any other available
remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to
every other remedy given hereunder or under the Certificates or now or hereafter existing at law or in
equity; provided, however, that notwithstanding any other provision of this Ordinance, the right to
accelerate the debt evidenced by the Cer tifica tes shall not be available as a remedy under this
Or dina nce.
24
(ii) The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of
any other available remedy.
(iii) By accepting the delivery of a Certificate authorized under this Ordinance, such
Registered Owner agrees that the certifications required to effectuate any covenants or representations
contained in this Ordinance do not and shall never constitute or give rise to a personal or pecuniary
liability or charge against the officers, employees or trustees of the Issuer or the City Council.
Section 16. SEVERABILITY. If any section, article, paragraph, sentence, clause, phrase or word
in this Ordinance, or application thereof to any persons or circumstances is held invalid or unconstitutional by
a court of competent jurisdiction, such holding shall not affect the validity of the remaining por tion of this
Ordinance, despite such invalidity, which remaining portions shall remain in full force and effect.
Section 17. EFF ECT IVE DAT E. In a ccor da nce with the pr ovisions of V.T .C.A., Gover nment Code,
Section 1201.028, this Ordinance shall be effective immediately upon its adoption by the City Council.
(Execution Page Follows)
DULY PASSED by the City Council of the City of Coppell, Texas this the 26 day of July, 2011.TH
APPROVED:
DOUGLAS N. STOVER, MAYOR
ATTEST:
CHRISTEL PETTINOS, CITY SECRETARY
[CITY SEAL]
A-1
EXHIBIT A
Annual Financial Statements and Operating Data
T he following infor mation is referr ed to in S ection 13(b) of this Or dina nce:
The financial information and operating data with respect to the Issuer to be provided annually in accordance
with such Section are as specified (and included in the Appendix or under the headings of the Official Statement
referred to) below:
-- Tables 1 through 6, inclusive, and 8 through 14, inclusive
-- APPENDIX B (FINANCIAL STATEMENTS FOR THE LAST COMPLETED FISCAL YEAR WHICH
WILL BE UNAUDITED, UNLESS AN AUDIT IS PERFORMED IN WHICH EVENT THE AUDITED
FINANCIAL STATEMENTS WILL BE MADE AVAILABLE)
The accounting principles referred to in such Section are the accounting principles described in the notes to the
fina ncial statements referr ed to in par agr aph a bove.
--------------------
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
Finance
July 26, 2011
13
✔
ORDINANCE
Consider approval of an Ordinance authorizing the issuance and sale of City of Coppell, Texas, General Obligation
Refunding and Improvement Bonds, Series 2011, in the approximate amount of $13,950,000, levying an annual ad
valorem tax for payment of said bonds; approving the official statement; calling outstanding obligations for
redemption; providing an effective date; enacting other provisions relating to the subject and authorizing the Mayor
Pro Tem to sign.
The bonds are being issued to fund street improvement projects including, Bethel Road and West Sandy Lake as well
as refunding outstanding bonds for present value savings.
Bethel Road II $ 2,180,000
West Sandy Lake Road 4,000,000
Refunding Portion 7,770,000
$13,950,000
Staff recommends approval.
$GOBonds2011-1AR
ORDINANCE NO. ___________
ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF CITY OF COPPELL, TEXAS,
GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS, SERIES 2011; LEVYING
AN ANNUAL AD VALOREM TAX FOR THE PAYMENT OF SAID BONDS; APPROVING THE
OFFICIAL STATEMENT; CALLING OUTSTANDING OBLIGATIONS FOR REDEMPTION;
PROVIDING AN EFFECTIVE DATE; AND ENACTING OTHER PROVISIONS RELATING TO
THE SUBJECT
T HE ST AT E OF TEXAS §
COUNTIES OF DALLAS AND DENTON §
CITY OF COPPELL §
WHEREAS, by virtue of an election held within the City of Coppell, T exa s ("the Issuer") on
November 2, 1999, this City Council became authorized to issue, sell and deliver the general obligation bonds
of the Issuer, of which there have been issued heretofore, are authorized to be issued by this Ordinance, and
will remain authorized but unissued hereafter, as described in Schedule I attached hereto and incor por a ted
herein;
WHER EAS , t his City Council finds and determines that it is necessary and proper to order the
issuance, sale and delivery of such voted bonds;
WHEREAS, the Issuer has previously issued, a nd t her e are presently outstanding, bonds and
certificates of obligation of the Issuer payable from a pledge by the Issuer to levy ad valorem taxes sufficient
to pa y pr incipa l of and inter est on the bonds and cer tifica tes of obliga tion as they become du e;
WHEREAS, certain of such previously issued and outstanding obligations are intended to be and shall
be refunded pur suant to this Or dina nce, the obliga tions to be refunded being descr ibed in Schedule II attached
hereto and incorporated herein (collectively, the "Refunded Obligations");
WHEREAS, Chapter 1207, Texas Government Code, authorizes the Issuer to issue refunding bonds
and to deposit the proceeds from the sale thereof, together with any other available funds or resources, directly
with a paying agent for the Refunded Bonds or a trust company or commercial bank that does not act as a
depositor y for the Issuer and is na med in these pr oceedings, a nd such depos it, if made befor e the pa yment da tes
of the Refunded Bonds, shall constitute the making of fir m banking and financial arrangements for the
discharge and final payment of the Refunded Bonds;
WHEREAS, Chapter 1207, Texas Government Code, further authorizes the Issuer to enter into an
escrow agreement with such paying agent for the Refunded Bonds or trust company or commercial bank with
respect to the safekeeping, investment, reinvestment, administration and disposition of any such deposit, upon
such terms and conditions as the Issuer a nd such pa ying agent or tr ust compa ny or commercia l ba nk ma y a gr ee;
WHEREAS , U.S. Bank National Association, Da llas, T exas, is a paying agent for the R efunded
Obligations and the Escrow Agreement, wherein U.S. Bank National Associa tion, Dallas, Texas is the Escrow
Agent, hereinafter authorized constitutes an escr ow agreement of the kind authorized and permitted by said
Chapter 1207;
WHEREAS, the City Council hereby finds and declares a public purpose and it is in the best interests
of the Issuer to refund the Refunded Obligations is in order to achieve a debt service savings and to restructure
2
the Issuer's outstanding debt service, and that such refunding will result in a present value debt service savings
of approximately $____________ and an actual debt service savings of appr oximately $___________ to the
Issuer;
WHEREAS, all the Refunded Obligations mature or are subject to redemption prior to maturity within
20 years of the date of the bonds hereinafter authorized;
WHEREAS, the Bonds hereinafter authorized to be issued wer e voted and a r e to be issued, sold and
delivered pursuant to the general laws of the State of Texas, including Tex. Gov't Code Ann. Chapters 1207,
1251 and ch. 1331, as amended; and
WHEREAS, It is officially found, determined, and declared that the meeting at which this Ordinance
has been adopted was open to the public and public notice of the time, place and subject matter of the public
business to be consider ed a nd acted upon at said meeting, including this Or dina nce, wa s given, all as requir ed
by the applicable provisions of Tex. Gov't Code Ann. ch. 551; Now, Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
Section 1. RECITALS, AMOUNT AND PURPOSE OF THE BONDS. The recitals set forth in the
preamble hereof are incorporated herein and shall have the same force and effect as if set forth in this Section.
The bonds of the City of Coppell, T exas (the "Issuer") are hereby authorized to be issued and delivered in the
aggregate principal amount of $13,950,000 for (a) constructing and improving streets and roads; (b) refunding
certain outstanding obligations of the Issuer; and (c) paying costs of issuance of the Bonds (the "Projects")
Section 2. DESIGNATION, DATE, DENOMINATIONS, NUMBERS, AND MATURITIES AND
INTEREST RATES OF BONDS. Each bond issued pursuant to this Ordinance shall be designated: "CITY
OF COPPELL, T EXAS , GENERAL OBLIGAT ION REFUNDING AND IMP ROVEMENT BOND, Ser ies
2011," and initially there shall be issued, sold, and delivered hereunder one fully registered bond, without
interest coupons, da ted July 15, 2011, in the pr incipal amount stated a bove and in the denominations her eina fter
stated, numbered T-1, with bonds issued in replacement thereof being in the denominations and principal
amounts her eina fter sta ted a nd number ed consecutively fr om R-1 upwa r d, pa ya ble to the r espective R egister ed
Owners thereof (with the initial bond being made payable to the initial purchaser as described in Section 10
her eof), or to the r egistered a ssignee or assignees of sa id bonds or a ny por tion or por tions ther eof (in ea ch ca se,
the "Registered Owner"), and said bonds shall ma t u r e a nd be payable ser ially on Febr uar y 1 in each of the
years and in the principal amounts, respectively, and shall bear interest from the dates set forth in the FORM
OF BOND set forth in Section 4 of this Ordinance to their respective dates of maturity or redemption prior to
matur ity a t the r ates per annum, as set for th in the following schedule:
Years
Principal
Amount
Interest
Rates Years
Principal
Amount
Interest
Rates
2012 $ 1,380,000 2022 $ 815,000
2013 1,415,000 2023 400,000
2014 1,455,000 2024 330,000
2015 1,040,000 2025 345,000
2016 675,000 2026 360,000
2017 690,000 2027 375,000
2018 705,000 2028 390,000
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2019 735,000 2029 410,000
2020 760,000 2030 430,000
2021 790,000 2031 450,000
The term "Bonds" as used in this Ordinance shall mean and include collectively the bonds initially issued and
delivered pursuant to this Ordinance and all substitute bonds exchanged therefor, as well as all other substitute
bonds and replacement bonds issued pursuant hereto, and the term "Bond" shall mean any of the Bonds.
Section 3. CHARACTERISTICS OF THE BONDS.
(a) Registration, Transfer, Conversion and Exchange; Authentication. The Issuer shall keep or cause
to be kept at the pr incipal corporate tr ust office of U.S . Ba nk National Association, Dallas, Texas, (the "Paying
Agent/Registrar"), books or records for the registration of the transfer, conversion and exchange of the Bonds
(the "Regist ration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and
transfer agent t o keep s u ch books or records and make such registrations of transfers, conversions and
exchanges under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the
Paying Agent/Registrar shall make such registrations, transfers, conversions and exchanges as herein provided.
T he Paying Agent/Regis t r a r s ha ll obtain a nd recor d in the Registr ation Books the a ddr ess of the r egistered
owner of each Bond to which payments with respect to the Bonds shall be mailed, as herein provided; but it
shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to
which payments sha ll be mailed, and such int er est pa yment s sha ll not be ma iled u nles s s u ch not ice ha s been
given. The Issuer shall have the right to inspect the Registration Books during regular business hours of the
Paying Agent/Registrar , but otherwise the Paying Agent/Registrar shall keep the Registr ation Books
confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. The
Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such
registration, transfer, conversion, exchange and deliver y of a substitute Bond or Bonds. Registration of
assignments, transfers, conversions and exchanges of Bonds shall be made in the manner provided and with
the effect sta ted in the F ORM OF BOND set for th in this Or dina nce. Ea ch subs t it u t e Bond s ha ll b ea r a let t er
and/or number to distinguish it from each other Bond.
Except as provided in S ect ion 3(c) of this Ordinance, an authorized representative of the Paying
Agent/Registrar shall, before the delivery of any such Bond, date and manually sign said Bond, and no such
Bond shall be deemed to be issued or outstanding unless such Bond is so executed. The Paying Agent/Registrar
promptly shall cancel all paid Bonds and Bonds surrendered for conversion and exchange. No additional
or dina nces, or der s, or resolutions need be passed or adopted by the governing body of the Issuer or any other
body or person so as to accomplish the foregoing conversion and exchange of any Bond or portion thereof, and
the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Bonds in the
manner prescribed herein, and said Bonds shall be printed or typed on paper of customar y weight and str ength.
Pursuant to Chapter 1201, Government Code, as amended, the duty of conversion and exchange of Bonds as
aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of said Bond, the
converted and exchanged Bond shall be valid, incontestable, and enforceable in the same manner and with the
same effect as the Bonds that initially were issued and delivered pursuant to this Ordinance, approved by the
Attorney General and registered by the Comptroller of Public Accounts.
(b) Payment of Bonds and Interest. The Issuer hereby further appoints the Paying Agent/Registrar
to act as the paying agent for paying the principal of and interest on the Bonds, all as provided in this
Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the
4
Paying Agent/Registra r with respect to the Bonds, and of all conversions and exchanges of Bonds, and all
replacements of Bonds, as provided in this Ordinance. However, in the event of a nonpayment of interest on
a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a
"Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment
of such interest have been received from the Issuer. Notice of the past due interest shall be sent at least five
(5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the
address of each registered owner appearing on the Registration Books at the close of business on the last
business da y next pr eceding the date of mailing of such notice.
(c) In General. The Bonds (i) shall be issued in fully registered form, without interest coupons, with
the principal of and interest on such Bonds to be payable only to the registered owners thereof, (ii) may be
redeemed prior to their scheduled maturities (notice of which shall be given to the Paying Agent/Registrar by
the Issuer at lea st 50 da ys pr ior to a ny such r edemption da te), (iii) may be conver ted a nd excha nged for other
Bonds, (iv) may be transferred and assigned, (v) shall have the characteristics, (vi) shall be signed, sealed,
executed and authenticated, (vii) the principal of and interest on the Bonds shall be payable, and (viii) shall be
administered and the Paying Agent/Registrar and the Issuer shall have certain duties and responsibilities with
respect to the Bonds, all as provided, and in the manner and to the effect as required or indicated, in the FORM
OF BOND set forth in this Ordinance. The Bond initially issued and delivered pursuant to this Ordinance is
not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Bond
issued in conversion of and exchange for a ny Bond or Bonds issued under this Ordinance the Paying
Agent/Registrar shall execute the PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE,
in the form set forth in the FORM OF BOND.
(d) The Issuer covenants with the registered owners of the Bonds that at all times while the Bonds are
outstanding the Issuer will provide a competent and legally qualified bank, trust company, financial institution,
or other entity to a ct as and per for m the ser vices of Pa ying Agent /R egist r a r for t he Bonds under t his Or dina nc e,
and that the Paying Agent/Registrar will be one entity. The Issuer reserves the right to, and may, at its option,
change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar,
to be effective not later than 60 days prior to the next principal or interest payment date after such notice. In
the event that the entity at any time acting as Paying Agent/Registr a r (or its successor by mer ger , acquisition,
or other method) should resign or otherwise cease to act as such, the Issuer covenants that promptly it will
appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as
Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous
Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along
with a ll other pertinent books and r ecor ds r elating to the Bonds, to the new Paying Agent/Registr ar designated
and appointed by the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause
a written notice thereof to be sent by the new Paying Agent/Registrar to each Registered Owner of the Bonds,
by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying
Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be
deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be
delivered to each Paying Agent/Registrar.
(e) Except as provided below, no Bond shall be valid or obligatory for any purpose or be entitled to
any security or benefit of this Ordinance unless and until there appears thereon the Certificate of Paying
Agent/Registrar substantially in the form provided in this Ordinance, duly authenticated by manual execution
of the Paying Agent/Registrar. It shall not be required that the same authorized representative of the Paying
Agent/Registr ar sign the Certificate of Paying Agent/Registr a r on all of t he Bonds . In lieu of the executed
Certificate of Paying Agent/Registrar described above, the Initial Bond delivered on the closing date shall have
5
attached ther eto the Comptr oller's Registr ation Certificate substantially in the for m pr ovided in this Or dina nce,
manually executed by the Comptroller of Public Accounts of the State of Texas or by his duly authorized agent,
which certificate shall be evidence that the Initial Bond has been duly appr oved by the Attorney Gener al of the
State of Texas and that it is a valid and binding obligation of the I s s u er , a nd ha s been register ed by the
Comptroller.
(f) Book-Entry Only System. The Bonds issued in exchange for the Bond initially issued to the initial
purchaser specified herein shall be initially issued in the form of a separate single fully registered Bond for each
of the maturities thereof. Upon initial issuance, the ownership of each such Bond shall be registered in the
na me of C ede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"), and
except as provided in subsection (f) hereof, all of the outstanding Bonds shall be registered in the name of Cede
& Co., as nominee of DTC.
With respect to Bonds registered in the name of Cede & Co., as nominee of DTC, the Issuer and the
Paying Agent/Registrar shall have no responsibility or obligation to any securities brokers and dealers, banks,
tr ust compa nies, clea r ing cor por a tions and c er t a in ot her or ga niza tions on whose beha lf DT C wa s cr ea t ed
("DTC Participant") to hold securities to facilitate the clearance and settlement of securities transactions among
DTC Participants or to any person on behalf of whom such a DTC Participant holds an interest in the Bonds.
Without limiting the immediately pr eceding sentence, the Issuer and the Paying Agent/Registr ar shall have no
responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC
Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any DTC Participant or any
other person, other than a Registered Owner of Bonds, as shown on the Registration Books, of any notice with
r espect to the Bonds, or (iii) the pa yment to a ny DT C P a r ticipa nt or any ot her per son, ot her tha n a R egist er ed
Owner of Bonds, as shown in the Registration Books of any amount with respect to pr incipal of or inter est on
the Bonds. Notwithstanding any other provision of this Or dinance to the contr ar y, the Issuer and the Paying
Agent/Registrar shall be entitled to treat and consider the person in whose name each Bond is registered in the
Registration Books as the absolute owner of such Bond for the purpose of payment of principal and interest
with r espect to such Bond, for the pur pose of r egistering tr a ns fer s with r espect to such Bond, a nd for a ll other
purposes whatsoever. The Paying Agent/Registrar shall pay all principal of and interest on the Bonds only to
or upon the or der of the Registered Owners, as shown in the Registr ation Books as pr ovided in this Or dina nce,
or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to
fully satisfy and discharge the Issuer's obligations with respect to payment of principal of and interest on the
Bonds to the extent of the sum or sums so paid. No person other than a Register ed Owner , as shown in the
Registration Books, shall receive a Bond evidencing the obligation of the Issuer to make payments of principal
and interest pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice
to the effect that DT C has deter mined to substitute a new nominee in place of Cede & Co., and subject to the
provisions in this Ordinance with respect to interest checks being mailed to the Registered Owner at the close
of business on the Record date, the words "Cede & Co." in this Ordinance shall refer to such new nominee of
DTC.
The previous execution and delivery of the Blanket Letter of Representations with respect to
obligations of the Issuer is hereby ratified and confirmed; and the provisions thereof shall be fully applicable
to the Bonds.
(g) Successor Securities Depository; Transfers Outside Book-Entry Only System. In the event that
the Issuer determines t ha t DT C is incapable of dischar ging its responsibilities descr ibed her ein and in the
representations letter of the Issuer to DTC or that it is in the best interest of the beneficial owners of the Bonds
that they be a b le t o obtain certificated Bonds, the Issuer shall (i) appoint a successor secur ities depository,
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qualified to act as such under Section 17A of the Securities and Exchange Act of 1934, as amended, notify
DTC and DTC Participants of the appointment of such successor securities depository and transfer one or more
separate Bonds to such successor securities deposit or y or (ii) notify DT C and DT C Participants of the
availability through DTC of Bonds and transfer one or more separate certificated Bonds to DTC Participants
having Bonds credited to their DT C accounts. In such event, the Bonds shall no longer be restricted to being
registered in the Registration Books in the name of Cede & Co., as nominee of DTC, but may be registered in
the na me of the successor secur ities dep os it or y, or it s nominee, or in wha tever na me or na mes Register ed
Owners tr ansferr ing or excha nging Bonds sha ll designate, in a ccor da nce with the pr ovisions of this Or dina nce.
(h) Payments to Cede & Co. Notwithstanding any other provision of this Or dinance to the contr ar y,
so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect
to principal of and interest on such Bond and all notices with respect to such Bond shall be made and given,
respectively, in the manner provided in the representations letter of the Issuer to DTC.
(i) Cancellation of Initial Bond. On the closing date, one initial Bond representing the entire principal
amount of the Bonds, paya ble in stated installments to the pur cha ser designated in S ection 10 or its designee,
executed by manual or facsimile signature of the Mayor and City Secret ary of the Issuer, approved by the
Attorney General of Texas, and registered and manually signed by the Comptroller of Public Accounts of the
State of Texas, will be delivered to such purchaser or its designee. Upon payment for the initial Bond, the
Paying Agent/Registrar shall cancel the initial Bond and deliver to the Depository Trust Company on behalf
of such purchaser one registered definitive Bond for each year of maturity of the Bonds, in the aggregate
principal amount of all of the Bonds for such maturity.
Section 4. FOR M OF BONDS . The form of the Bonds, including the form of Paying
Agent/Registrar's Authentication Certificate, the form of Assignment and the form of Registration Certificate
of the Comptroller of Public Accounts of the State of Texas to be attached to the Bonds initially issued and
delivered pursuant to this Ordinance, shall be, respectively, substantially as follows, with such appropriate
va r iations, omissions or insertions as ar e permitted or requir ed by this Or dina nce.
(a) Form of Bond.
NO. R-UNITED STATES OF AMERICA
ST AT E OF TEXAS
PRINCIPAL
AMOUNT
$__________
CIT Y OF COPPELL, TEXAS
GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BOND
SERIES 2011
Interest Rate Dated Date Maturity Date CUSIP No.
July 15, 2011 February 1, ____
REGISTERED OWNER:
PRINCIPAL AMOUNT:DOLLARS
ON THE MATURITY DATE specified above, the City of Coppell, in Dallas and Denton Counties,
Texas (the "Issuer"), being a political subdivision and municipal corporation of the State of Texas, hereby
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promises to pay to the Registered Owner specified above, or registered assigns (hereinafter called the
"Registered Owner"), on the Matur ity Date specified above, the Pr incipal Amount specified a bove. T he Issuer
promises to pay interest on the unpaid principal amount hereof (calculated on the basis of a 360-day year of
twelve 30-day months) from July 15, 2011 at the Interest Rate per annum specified above. Interest is payable
on February 1, 2012 and semiannually on each August 1 and February 1 thereafter to the Maturity Date
specified a bove, or the date of redemption pr ior to matur ity; except, if this Bond is requir ed to be authenticated
and the date of its authentication is later than the first Record Date (hereinafter defined), such Principal Amount
shall bear interest from the interest payment date next preceding the date of authentication, unless such date
of authentication is after any Record Date but on or before the next following interest payment date, in which
case such principal amount shall bear interest from such next following interest payment date; provided,
however, that if on the date of authentication hereof the interest on the Bond or Bonds, if any, for which this
Bond is being exchanged is due but has not been paid, then this Bond shall bear interest from the date to which
such interest has been paid in full.
T HE PRINCIPAL OF AND INT EREST ON this Bond a r e paya ble in la wful money of the United
States of America, without exchange or collection charges. The principal of this Bond s ha ll be paid to the
registered owner hereof upon presentation and surrender of this Bond at maturity, or upon the date fixed for
its redemption prior to maturity, at the principal corporate trust of f ice of U.S. Bank National Associa tion,
Dallas, Texas, which is the "Paying Agent/Registrar" for this Bond. The payment of interest on this Bond shall
be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check
or draft, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely
fr om, funds of the Issuer required by the ordinance authorizing the issuance of this Bond (the "Bond
Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and
such check or draft shall be sent by the Paying Agent/Registrar by United States mail, first-class postage
prepaid, on each such interest payment date, to the registered owner hereof, at its address as it appeared on the
fifteenth calendar day of the month preceding each such date (the "Record Date") on the Registration Books
kept by the Paying Agent/Registr ar , as her eina fter descr ibed. In addition, int er est may be pa id by such other
method, acceptable to the Paying Agent/Registr ar , r equested by, and at the r isk and expense of, the r egistered
owner. In the event of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a
new record date for such interest payment (a "Special Record Da te") will be established by the Paying
Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice
of the Special Record Date and of the scheduled payment date of the past due inter est (which shall be 15 days
after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by
United States mail, first-class postage prepaid, to the address of ea ch owner of a Bond appearing on the
Registration Books at the close of business on the last business day next preceding the date of mailing of such
notice.
ANY ACCRUED INTEREST due at maturity or upon the redemption of this Bond prior to maturity
as pr ovided herein shall be paid to the registered owner upon presentation and surrender of this Bond for
r edemption and payment at the pr incipa l cor por a te tr ust office of the P a ying Agent/Registr a r . T he Issuer
covenants with the registered owner of this Bond that on or before each principal payment date, interest
payment date, and accrued interest payment date for this Bond it will make availa ble to the Paying
Agent/Registr ar , fr om the "Interest and Sinking Fund" cr eated by the Bond Or dina nce, the a mounts requir ed
to pr ovide for the pa yment , in immedia tely a va ila ble funds, of all pr incipa l of a nd int er est on the Bonds , when
due.
IF THE DATE for t he pa yment of the principal of or interest on this Bond shall be a Saturday,
Sunday, a legal holiday or a day on which banking institutions in the city where the principal corporate trust
8
office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date
for such payment shall be the next succeeding day that is not such a Saturday, Sunday, legal holiday or day
on which banking institutions are authorized to close; and payment on such date shall have the same force and
effect as if made on the or igina l da te payment was due.
T HIS BOND is one of a series of Bonds dated July 15, 2011, authorized in accordance with the
Constitution and la ws of the S ta te of T exa s in the pr incipa l a mount of $13,950,000 for t he public pur pos es
of constructing and improving streets and roads, refunding certain outstanding obligations of the Issuer and
paying the costs incurred in connection with the issuance of the Bonds.
ON FEBRUARY 1, 2021, OR ON ANY DATE THEREAFTER, the Bonds may be redeemed prior
to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful
source, as a whole, or in part, and, if in part, the particular Bonds, or portions thereof, to be redeemed shall
be selected and designated by the Issuer (provided that a portion of a Bond may be redeemed only in an integral
multiple of $5,000), at a redemption price equal to the principal amount to be redeemed plus accrued interest
to the date fixed for redemption.
AT LEAST 30 days prior to the date fixed for any redemption of Bonds or portions thereof prior to
maturity a written notice of such redemption shall be sent by the Paying Agent/Registrar by United States mail,
fir st-class pos ta ge pr epa id, at lea st 30 da ys pr ior to the da te fixed for any such r edemption, to the r egister ed
owner of each Bond to be r edeemed at its addr ess as it appea r ed on the 45th da y pr ior to such r edemption da te;
provided, however, that the failure of the registered owner to receive such notice, or any defect therein or in
the sending or mailing thereof, shall not affect the validity or effectiveness of the pr oceedings for the redemption
of any Bond. By the date fix ed for a ny such redemption due provision shall be made with the Paying
Agent/Registrar for the payment of the required redemption price for the Bonds or portions thereof that are to
be so r edeemed. If such wr itten notice of r edemption is sent and if du e pr ovision for such pa yment is ma de,
all as provided above, the Bonds or portions thereof that are to be so redeemed thereby automatically shall be
treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for
redemption, and they shall not be regarded as being outstanding except for the right of the registered owner to
receive the redemption price from the Paying Agent/Registrar out of the funds provided for such payment. If
a portion of any Bond shall be redeemed, a substitute Bond or Bonds having the same maturity date, bearing
interest at the same r ate, in any denomina tion or denomina tions in any integr al multiple of $5,000, at the wr itten
request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof,
will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer,
all as pr ovided in the Bond Or dina nce.
IF AT T HE T IME OF MAILING of notice of optiona l r edemption ther e sha ll not ha ve either been
deposited with the Paying Agent/Registrar or legally authorized escrow agent immedia t ely available funds
sufficient to redeem all the Bonds called for redemption, such notice may state that it is condit iona l, a nd is
subject to the deposit of the redemption moneys with the Paying Agent/Registrar or legally authorized escrow
agent at or prior to the redemption date at or prior to the redemption date, and such notice shall be of no effect
unless such moneys are so deposited on or prior to the redemption date. If such redemption is not effectuated,
the Paying Agent/Registrar shall, within five days thereafter, give notice in the manner in which the notice of
redemption was given that such moneys were not so received and shall rescind the redemption.
ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without interest
coupons, in the denomination of any integral multiple of $5,000. As provided in the Bond Ordinance, this Bond
may, at the request of the registered owner or the assignee or assignees hereof, be assigned, transferred,
9
converted into and exchanged for a like aggregate principal amount of fully registered Bonds, without interest
coupons, payable to the appropriate registered owner, assignee or assignees, as the case may be, having the
same denomination or denominations in any integral mult ip le of $5 ,000 as requested in writing by the
appropriate registered owner, assignee or assignees, as the case may be, upon surrender of this Bond to the
Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Bond
Or dinance. Among other requirements for such assignment and transfer, this Bond must be presented and
surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with
guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Bond or any
portion or port ions her eof in any integral multiple of $5,000 to the assignee or assignees in whose name or
names this Bond or any such portion or portions hereof is or are to be registered. The form of Assignment
printed or endorsed on this Bond may be executed by the registered owner to evidence the assignment hereof,
but such method is not exclusive, and other instruments of assignment satisfactory to the Paying
Agent/Registrar may be used to evidence the assignment of this Bond or any portion or portions hereof from
time to time by the registered owner. T he Paying Agent/Registrar's reasonable standard or customary fees and
charges for assigning, transferring, converting and exchanging any Bond or portion thereof will be paid by the
Issuer. In any circumstance, any taxes or governmental charges required to be paid with respect thereto shall
be paid by the one requesting such assignment, transfer, conversion or exchange, as a condition precedent to
the exercise of such privilege. The Paying Agent/Registrar shall not be required to make any such transfer,
conversion, or exchange (i) during the period commencing with the close of business on any Record Date and
ending with the opening of business on the next following principal or interest payment date, or (ii) with respect
to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its
r edemption da te.
IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the Issuer, resigns, or
otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint
a competent and legally qualified substitute therefor, and cause written notice thereof to be ma iled to the
registered owners of the Bonds.
IT IS HEREBY certified, recited and covenanted that this Bond has been duly and validly authorized,
issued and delivered; that all acts, conditions and things required or proper to be performed, exist and be done
pr ecedent to or in the a uthor iza tion, issua nce a nd deliver y of t his Bond ha ve been per for med, exist ed a nd been
done in accordance wit h law; and that annual ad valorem taxes sufficient to provide for the payment of the
interest on and pr incipal of this Bond, as such interest comes due and such pr incipa l ma tur es, ha ve been levied
and ordered to be levied against all taxable property in said Issuer, and have been pledged for such payment,
within the limit prescribed by law.
THE ISSUER HAS RESERVED THE RIGHT to amend the Bond Ordinance as provided therein, and
under some (but not all) circumstances amendments thereto must be approved by the registered owners of a
majority in aggregate principal amount of the outstanding Bonds.
BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of
the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions,
acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes and
records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Bond
Ordinance constitute a contract between each registered owner hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or facsimile
signature of the Mayor of the Issuer (or in the Mayor's absence, by the Mayor Pro Tem) and countersigned with
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the manual or facsimile signatur e of the City Secr etar y of said Issuer , and has caused the official seal of the
Issuer to be duly impressed, or placed in facsimile, on this Bond.
(signatur e)(signatur e)
City Secretary Mayor
(SEAL)
(b) For m of Paying Agent/Registr ar 's Authentication Certificate.
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
(To be executed if this Bond is not accompanied by an executed
Registration Certificate of the Comptroller of Public Accounts of the State of Texas)
It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance
described in the text of this Bond; and that this Bond has been issued in conversion or replacement of, or in
exchange for, a Bond, Bonds, or a portion of a Bond or Bonds of a ser ies that originally was approved by the
Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of
Texas.
Dated: .U.S. Bank National Association
Dallas, Texas
Paying Agent/Registrar
By:
Authorized Representative
(c) Form of Assignment.
ASSIGNMENT
(Please print or type clearly)
For value received, the undersigned hereby sells, assigns and transfers unto:
Transferee's Social Security or Taxpayer Identification Number:
T r ansferee's na me and addr ess, including zip code:
the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
, attorney, to register the transfer of
the within Bond on the books kept for registration thereof, with full power of substitution in the premises.
Dated: .
Signature Guaranteed:
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NOTICE: Signature(s) must be guaranteed by an
eligible guara nt or institution participating in a
securities transfer association recognized signature
gua r a ntee pr ogr a m.
NOTICE: The signature above must correspond with
the name of the registered owner as it appears upon
the front of this Bond in every particular, without
alteration or enlargement or any change whatsoever.
(d) Form of Registration Certificate of the Comptroller of Public Accounts.
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO.
I her eby certify tha t this Bond has been examined, certified as to va lidity a nd appr oved by the Attor ney
General of the State of Texas, and that this Bond has been registered by the Comptroller of Public Accounts
of the State of Texas.
Witness my signature and seal this .
Comptroller of Public Accounts of the State of Texas
(COMPTROLLER'S SEAL)
(e) Initial Bond Insertions.
(i) The initial Bond shall be in the form set forth is paragraph (a) of this Section, except that:
A. immediately under the name of the Bond, the headings "Interest Rate" and
"Maturity Date" shall both be completed with the words "As shown below" and "CUSIP No.
_____" shall be deleted.
B. the first paragraph shall be deleted and the following will be inserted:
"THE CITY OF COPPELL, TEXAS, in Dallas and Denton Counties, Texas (the "Issuer"), being a political
subdivision and municipal cor por a tion of the S t a t e of T exa s, her eby p r omises to p a y t o t he R egis t er ed O wner
specified above, or registered assigns (hereinafter called the "Registered Owner"), on August 1 in each of the
years, in t he principal installments and bearing interest at the per annum rates set forth in the following
schedule:
Yea r s Pr incipal Installments Int er est Ra tes
(Information from Section 2 to be inserted)
The Issuer promises to pay interest on the unpaid principal amount hereof (calculated on the basis of a 360-day
yea r of twelve 30-da y months) fr om August 15, 2011 at the r espective Interest Rate per annum specified a bove.
Interest is payable on February 1, 2012, and semiannually on each August 1 and February 1 thereafter to the
date of payment of the principal installment specified above, or the date of redemption prior to maturity; except,
that if this Bond is required to be authenticated and the date of its authentication is later than the first Record
Date (hereinafter defined), such Principal Amount shall bear interest from the interest payment da te next
preceding the date of authentication, unless such date of authentication is after any Record D a t e but on or
12
before the next following interest payment date, in which ca se such pr incipal amount shall bear inter est fr om
such next following interest payment date; provided, however, that if on the date of authentication hereof the
interest on the Bond or Bonds, if any, for which this Bond is being excha nged is due but ha s not been paid, then
this Bond shall bear interest from the date to which such interest has been paid in full."
C. The Initial Bond shall be numbered "T-1."
Section 5. INTEREST AND SINKING FUND.
(a) A special "Interest a nd Sinking Fund" is her eby cr ea ted a nd sha ll be esta blished and ma int a ined
by the Issuer at an official depository bank of said Issuer. Said Interest and Sinking Fund shall be kept
separate and apart from all other funds and accounts of said Issuer, and shall be used only for pa ying the
interest on and principal of said Bonds. All amounts received from the sale of the Bonds as accrued interest
sha ll be depos ited upon r eceipt to the Int er est a nd S inking F und, a nd a ll a d va lor em t a xes levied a nd collect ed
for and on account of said Bonds shall be deposited, as collected, to the credit of said Interest and Sinking
Fund. Dur ing each yea r while any of sa id Bonds a r e ou tsta nding a nd unp a id, the gover ning body of sa id Issuer
shall compute and ascertain a rate and amount of ad valorem tax that will be sufficient to raise and produce
the money required to pay the interest on said Bonds as such interest comes due, and to provide and maintain
a sinking fund adequate to pay the principal of said Bonds as such principal matures (but never less than 2%
of the original amount of said Bonds as a sinking fund each year); and said tax shall be based on the latest
approved tax rolls of said Issuer, with full allowances being made for tax delinquencies and the cost of tax
collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against
all taxable property in said Issuer, for each year while any of said Bonds a r e outstanding and unpa id, and said
tax shall be assessed and collected each such year and deposited to the cr edit of t he afor esa id Inter est and
Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of
said Bonds, as such interest comes due and such principal matures, are hereby pledged for such payment,
within the limit prescribed by law. Notwithstanding the requirements of this section, if lawfully available
moneys of the Issuer ar e on deposit in the Interest and Sinking Fund in advance of the time when a d valor em
taxes ar e scheduled to be levied for a ny yea r , t hen t he a mount of t a xes t ha t ot her wis e wou ld ha ve b een r equ ir ed
to be levied pursuant to this section may be reduced to the extent and by the amount of the lawfully available
funds then on deposit in the Interest and Sinking Fund.
(b) Article 1208, Government Code, applies to the issuance of the Bonds and the pledge of the taxes
granted by the Issuer under this Section and Section 9, respectively, and is therefore valid, effective, and
perfected. Should Texas law be amended at any time while the Bonds are outstanding and unpaid, the result
of such amendment being that the pledge of the taxes granted by the Issuer under this Section is to be subject
to the filing r equir ement s of Cha pter 9, Busines s & Commerce Code, in or der to p r eser ve t o t he r egist er ed
owner s of the Bonds a secur ity interest in said pledge, the Issuer agr ees to take such measur es as it determines
are reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9, Business
& Commerce Code and enable a filing of a security interest in said pledge to occur.
Section 6. DEFEASANCE OF BONDS.
(a) Any Bond and the interest thereon shall be deemed to be paid, retired and no longer outstanding
(a "Defeased Bond") within the meaning of this Ordinance, except to the extent provided in subsection (d) of
this Section, when payment of the principal of such Bond, plus interest thereon to the due date (whether such
due date be by reason of maturity or otherwise) either (i) shall have been made or ca u s ed t o b e made in
accordance with the terms thereof, or (ii) shall have been provided for on or before such due date by irrevocably
13
depositing with or making available to the Paying Agent/Registrar in accordance with an escrow agreement
or other instr ument (the "Futur e Escr ow Agr eement") for such payment (1) la wful money of the United States
of America sufficient to make such pa yment or (2) Defeasance Securities that mature as to principal and
interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient
money to provide for such payment, and when proper ar r angement s ha ve been made by the Issuer with the
Paying Agent/Registrar for the payment of its services until all Defeased Bonds shall have become due and
payable. At such time as a Bond shall be deemed to be a Defeased Bond hereunder, as aforesaid, such Bond
and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad
valorem taxes herein levied and pledged as provided in this Ordinance, and such principal and interest shall be
payable solely from such money or Defeasance Securities. Notwithstanding any other provision of this
Ordinance to the contrary, it is hereby provided that any determination not to redeem Defeased Bonds that is
made in conjunction with the payment arrangements specified in Subsection (a)(i) or (ii) of this Section shall
not be ir r evocable, pr ovided tha t: (1) in the pr oceedings pr oviding for such payment ar r angements, the Issuer
expressly reserves the right to call the Defeased Bonds for redemption; (2) gives notice of the reservation of
that right to the owners of the Defeased Bonds immediately following the making of the payment arrangements;
and (3) directs that notice of the reservation be included in any redemption notices that it authorizes.
(b) Any moneys so deposited with the Paying Agent /R egistrar may at the written direction of the
Issuer be invested in Defeasance Securities, maturing in the amounts and times as hereinbefore set forth, and
all income from such Defeasance Securities received by the Paying Agent/Registrar that is not required for the
payment of the Bonds and interest thereon, with respect to which such money has been so deposited, shall be
turned over to the Issuer, or deposited as directed in writing by the Issuer. Any Future Escrow Agreement
pursuant to which the money and/or Defeasance Securities are held for the payment of Defeased Bonds may
contain provisions permitting the investment or reinvestment of such moneys in Defeasance Securities or the
substitution of other Defeasance Securities upon the satisfaction of the requirements specified in Subsection
(a)(i) or (ii) of this Section. All income from such Defeasa nce Securities received by the Paying
Agent/Registrar which is not required for the payment of the Defeased Bonds, with respect to which such
money has been so deposited, shall be remitted to the Issuer or deposited as directed in writing by the Issuer.
(c) The term "Defeasance Securities" means (i) direct, noncallable obligations of the United States of
America, including obligations that are unconditionally guaranteed by the United States of Amer ica ., (ii)
noncallable obligations of an agency or instrumentality of the United States of America, including obligations
that are unconditionally guaranteed or insured by the agency or instrumentality and that are rated as to
investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, and
(iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of
a state that have been refunded and that, on the date the governing body of the Issuer adopts or approves the
pr oceedings author izing the fina ncial ar r angements ar e rated a s to investment qua lity by a na tiona lly r ecognized
investment rating firm not less than AAA or its equivalent.
(d) Until all Defeased Bonds shall have become due and payable, the Paying Agent/Registrar shall
perfor m the services of Paying Agent/Registr ar for such Defeased Bonds t he same as if they ha d not been
defeased, and the Issuer shall make proper arrangements to provide and pay for such services as required by
this Ordinance.
(e) In the event that the Issuer elects to defease less than all of the principal amount of Bonds of a
matur ity, the Paying Agent/Registrar shall select, or cause to be selected, such amount of Bonds by such
r andom method a s it deems fair and appr opr iate.
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Section 7. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS.
(a) Replacement Bonds. In the event any outstanding Bond is damaged, mutila t ed, lost, stolen or
destroyed, the Paying Agent/Registrar shall cause to be printed, execut ed a nd delivered, a new Bond of the
same principal amount, maturity and interest rate, as the damaged, mutilated, lost, stolen or destroyed Bond,
in replacement for such Bond in the manner hereinafter provided.
(b) Application for Replacement Bonds. Application for replacement of damaged, mutilated, lost,
stolen or destroyed Bonds shall be made by the registered owner thereof to the Paying Agent/Registrar. In
every case of loss, theft or destruction of a Bond, the registered owner applying for a replacement Bond shall
fur nish to the Issuer and to the Paying Agent/Registr ar such secur ity or indemnity a s may be requir ed by them
to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft
or destruction of a Bond, the registered owner shall furnish to the Issuer and to the Paying Agent/Registrar
evidence to their satisfaction of the loss, theft or destruction of such Bond, as the case may be. In every case
of damage or mutilation of a Bond, the registered owner s hall surrender to the Paying Agent/Registrar for
cancellation the Bond so damaged or mutilated.
(c) No Default Occurred. Notwithstanding the foregoing provisions of this , in the event any such
Bond shall have matured, and no default has occurred that is then continuing in the payment of the principal
of, r edemp t ion p r emiu m, if any, or inter est on the Bond, the Issuer ma y a ut hor ize t he pa yment of the sa me
(without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a replacement
Bond, provided security or indemnity is furnished as above provided in this Section.
(d) Charge for Issuing Replacement Bonds. Prior to the issuance of any replacement Bond, the Paying
Agent/Registrar shall charge the registered owner of such Bond with all legal, printing, and other expenses in
connection therewith. Every replacement Bond issued pursuant to the provisions of this Section by virtue of
the fa ct tha t a ny Bond is lost , st olen or des t r oyed s ha ll const it ut e a cont r a ct ua l ob liga t ion of the Issuer whet her
or not the lost, stolen or destroyed Bond shall be found at any time, or be enforceable by anyone, and shall be
entitled to all the benefits of this Ordinance equally and proportionately with any and all other Bonds duly
issued under this Or dina nce.
(e) Author ity for Issuing Replacement Bonds. In a ccor da nce with S ec. 1206.022, Gover nment Code,
this Section 7 of this Ordinance shall constitute authority for the issuance of any such replacement Bond
without necessity of further action by the governing body of the Issuer or any other body or person, and the
duty of the replacement of such Bonds is hereby authorized and imposed upon the Paying Agent/Registrar, and
the Paying Agent/Registr ar shall authenticate and deliver such Bonds in the f or m a nd ma nner and with the
effect, as pr ovided in Section 3(a) of this Or dina nce for Bonds issued in conver sion and excha nge for other
Bonds.
Section 8. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND COUNSEL'S
OPINION; CUSIP NUMBERS AND CONTINGENT INSURANCE PROVISION, IF OBTAINED;
ENGAGEMENT OF BOND COUNSEL.
(a) The Mayor of the Issuer is hereby a ut hor ized t o ha ve control of the Bonds initially issued and
delivered hereunder and all necessary records and proceedings pertaining to the Bonds pending their delivery
and their investiga t ion, examination, and approval by the Attorney General of the State of Texas, and their
registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Bonds said
Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually
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sign the Comptroller's Registration Certificate attached to such Bonds, and the seal of said Comptroller shall
be impr essed, or placed in fa csimile, on such Bond. T he a ppr oving lega l op inion of t he Is s u er 's Bond C ou ns el
and the a ssigned CUS IP numbers may, at the option of the Issuer , be pr int ed on the Bonds is sued a nd deliver ed
under this Ordinance, but neither shall have any legal effect, and sha ll be solely for the convenience and
information of the registered owners of the Bonds. In addition, if bond insurance is obtained, the Bonds may
bear an appropriate legend as provided by the insurer.
(b) The obligation of the initial purchaser to accept delivery of the Bonds is subject to the initial
purchaser being furnished with the final, approving opinion of McC a ll, Parkhurst & Horton L.L.P., bond
counsel to the Issuer, which opinion sha ll be dated as of and delivered on the date of initial delivery of the
Bonds to the initial purchaser. The engagement of such firm as bond counsel to the Issuer in connection with
issuance, sale and delivery of the Bonds is hereby approved and confirmed. The execution and delivery of an
engagement letter between the Issuer and such firm, with respect to such services as bond counsel, is hereby
authorized in such form as may be approved by the Mayor, and the Mayor is hereby authorized to execute such
engagement letter.
Section 9. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE BONDS.
(a) Covenants. The Issuer covenants to take any action necessary to assure, or refrain from any action
that would adversely affect, the treatment of the Bonds as Obligation described in section 103 of the Code, the
interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation.
In furtherance thereof, the Issuer covenants as follows:
(1) to take any action to assure that no more than 10 percent of the proceeds of the Bonds
(less amounts deposited to a reserve fund, if any) ar e used for any "pr iva te business use," as defined
in section 141(b)(6) of the Code or , if mor e tha n 10 per cent of the pr oceeds or the pr ojects fina nced
therewith are so used, such amounts, whether or not received by the Issuer, with respect to such private
business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or
indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Bonds,
in contr avention of section 141(b)(2) of the Code;
(2) to take any action to assure that in the event that the "private business use" described in
subsection (1) hereof exceeds 5 percent of the proceeds of the Bonds or the projects financed therewith
(less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for
a "private business use" that is "related" and not "disproportiona t e," within the meaning of section
141(b)(3) of the Code, to the governmental use;
(3) to take any action to assure that no amount that is greater than the lesser of $5,000,000,
or 5 percent of the proceeds of the Bonds (less amounts deposited into a reserve fund, if any) is directly
or indirectly used to finance loans to persons, other than st a t e or local governmental units, in
contr avention of section 141(c) of the Code;
(4) to r efr ain fr om taking any action tha t would other wise r esult in the Bonds being tr eated
as "pr iva te activity bonds " wit hin t he mea ning of s ect ion 14 1 (b ) of t he C ode;
(5) to refrain from taking a ny a ction that would result in the Bonds being "federally
guar anteed" within the meaning of section 149(b) of the C ode;
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(6) to refrain from using any portion of the proceeds of the Bonds, directly or indirectly, to
acquire or to replace funds that were used, directly or indirectly, to acquire investment property (as
defined in section 148(b)(2) of the Code) that produces a mater ially higher yield over the ter m of the
Bonds, other than investment property acquired with -
(A) proceeds of the Bonds invested for a reasonable temporary period of 3 years or
less or, in the case of a refunding bond, for a period of 90 days or less until such proceeds are
needed for the purpose for which the bonds are issued,
(B) amounts invested in a bona fide debt service fund, within the meaning of section
1.148-1(b) of the Treasury Regulations, and
(C) amounts deposited in any reasonably required reserve or replacement fund to the
extent such amounts do not exceed 10 percent of the proceeds of the Bonds;
(7) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as proceeds
of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene the requirements of
section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code
(relating to advance refundings); and
(8) to pay to the United S t a t es of America at least once during each five-year period
(beginning on the date of delivery of the Bonds) an amount that is at least equal to 90 percent of the
"Excess Ear nings," within the meaning of section 148(f) of the Code and to pay to the United States
of America, not later than 60 days after the Bonds have been paid in full, 100 percent of the amount
then requir ed to be paid a s a result of Excess Ear nings under section 148(f) of the Code.
(b) Rebate Fund. In order to facilitate compliance with the above covenant (a)(8), a "Rebate Fund"
is hereby established by the Issuer for the sole benefit of the United States of America, and such Fund shall not
be subject to the claim of any other person, including without limitation the Bondholder s. The Rebate Fund
is established for the a dditiona l pur pos e of complia nce with section 148 of the C ode.
(c) Use of Proceeds. For purposes of the foregoing covenants (a)(1) and (a)(2), the Issuer understands
that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case
of refunding bonds, transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date
of issuance of the Bonds. It is the under sta nding of the Issuer tha t the covena nt s conta ined her ein a r e int ended
to assure complia nce with the Code and any r egulations or rulings pr omulgated by the U.S. Depar tment of the
Treasury pursuant thereto. In the event that regulations or rulings ar e her eafter pr omulgated that modify or
expand provisions of the Code, as applicable to the Bonds, the Issuer will not be required to comply with any
covenant contained herein to the extent that such failure to comply, in the opinion of nationally recognized bond
counsel, will not adversely a ffect the exemption fr om feder a l income ta xa tion of inter est on the Bonds under
section 103 of the Code. In the event that regulations or rulings are hereafter promulgated that impose
additional requirements applicable to the Bonds, the Issuer agrees to comply with the additional requirements
to the extent necessary, in the opinion of nationally recognized bond counsel, to preserve the exemption from
federal income taxation of interest on the Bonds under section 103 of the Code. In furtherance of such
intention, the Issuer hereby authorizes and directs the Mayor, the City Manager or the Director of Finance to
execute any documents, certificates or reports required by the Code and to make such elections, on behalf of
the Issuer, that may be permitted by the Code as are consistent with the purpose for the issuance of the Bonds.
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(d) Allocation of, and Limitation on, Expenditures for the Projects. The Issuer covenants to account
for the expenditure of sale proceeds and investment earnings to be used for the construction and acquisition of
the Projects on its books and records by alloca ting proceeds to expenditures within 18 months of the later of
the date that (1) the expenditure is made, or (2) the Projects is completed. T he foregoing notwithstanding, the
Issuer shall not expend proceeds of the sale of the Bonds or investment earnings thereon more than 60 days
after the earlier of (1) the fifth anniversary of the delivery of the Bonds, or (2) the date the Bonds are retired,
unless the Issuer obtains an opinion of nationally-recognized bond counsel that such expenditure will not
adversely a ffect the status, for feder al income tax pur poses, of the Bonds or the interest ther eon. For pur poses
hereof, the Issuer shall not be obligated to comply with this covenant if it obtains an opinion that such failure
to comply will not adver sely affect the excludability for feder al income tax pur poses fr om gross income of the
interest.
(e) Disposition of Projects. The Issuer covenants that the Projects will not be sold or otherwise
disposed in a tr ansaction resulting in the r eceipt by the Issuer of cash or other compensation, unless the Issuer
obtains an opinion of nationally-recognized bond counsel that such sale or other disposition will not adversely
affect the tax-exempt status of the Bonds. For purposes of the foregoing, the portion of the property comprising
personal proper t y a nd dis posed in the ordinary course shall not be treated as a transaction resulting in the
receipt of cash or other compensation. For purposes hereof, the Issuer shall not be obligated to comply with
this covenant if it obtains a legal opinion that such failure to comply will not adversely affect the excludability
for federal income tax proposes from gross income of the interest.
Section 10. SALE OF BONDS AND APPROVAL OF OFFICIAL STATEMENT; FURTHER
PROCEDURES.
(a) The Bonds are hereby sold and shall be delivered to ____________________ (collectively the
"Purchasers") for the purchase price of $__________________ (r epresenting the par amount of the Bonds of
$13,950,000.00 plus a net reoffering premium of $_________________, less an Under writer s' discount on the
Bonds of $________________) plu s accrued interest (a ccrued interest to be deposited into the Inter est and
Sinking Fund) thereon to date of delivery pursuant to the terms and provisions of a Purchase Agreement which
the Mayor is hereby authorized and directed to execute and deliver . It is her eby officially found, deter mined,
and declared that the terms of this sale are the most advantageous reasonably obtainable. The Initial Bond shall
be registered in the name of _________________, or its designee.
(b) The Issuer hereby approves the form and content of the Official Statement relating to the Bonds
and any addenda, supplement or amendment thereto, and approves the distribution of such Official Statement
in the reoffering of the Bonds by the Purchasers in final form, with such changes therein or additions thereto
as the officer executing the same may deem advisable, such determination to be conclusively evidenced by his
execution thereof. The distribution and use of the Preliminary Official Statement dated July ____, 2011, prior
to the date hereof is hereby ratified and confir med.
(c) The Mayor and Mayor Pro Tem, the City Manager, City Secretary and Director of Finance of the
Issuer , and ea ch of them, sha ll be a nd they ar e her eby expr essly a uthor ized, empower ed a nd dir ect ed fr om t ime
to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in
the name and under the corporate seal and on behalf of the Issuer a Paying Agent/Registrar Agreement with
the Paying Agent/Registrar and all other instruments, whether or not herein mentioned, as may be necessary
or desirable in order to carry out the terms and provisions of this Ordinance, the Bonds, the sale of the Bonds
and the Official Statement. In case any officer whose signature shall appear on any Bond shall cease to be such
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officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all
purposes the same as if such officer had remained in office until such delivery.
Section 11. INTEREST EARNINGS ON BOND PROCEEDS. Interest earnings derived from the
investment of proceeds from the sale of the Bonds issued for the Improvement Projects shall be used along with
other Bond proceeds for the Improvement Projects; provided that after completion of such purpose, if any of
such interest earnings remain on hand, such interest earnings shall be deposited in the Interest and Sinking
Fund. It is further provided, however, that any interest earnings on Bond proceeds that are required to be
rebated to the United States of America pursuant to Section 9 hereof in order to prevent the Bonds from being
arbitrage bonds shall be so rebated and not considered as inter est ear nings for the pur poses of this Section.
Section 12. CONSTRUCTION FUND.
(a) The Issuer hereby creates and establishes and shall maintain on the books of the Issuer a separate
fund to be entitled the "Series 2011 General Obligation Bonds Construction Fund" for use by the Issuer for
payment of all lawful costs associated with the acquisition and construction of the Improvement Projects as
hereinbefore provided. Upon payment of all such costs, any moneys remaining on deposit in said fund shall
be transferred to the Interest and Sinking fund. Amounts so deposited to the Interest and Sinking Fund shall
be used in the manner descr ibed in S ection 5 of this Or dina nce.
(b) The Issuer may invest proceeds of the Bonds (including investment earnings thereon) issued for
Improvement Projects and amounts deposited into the Interest and Sinking Fund in investments authorized by
the Public Funds Investment Act, Chapter 2256, Texas Government Code, as amended; provided, however,
that the Issuer hereby covenants that the proceeds of the sale of the Bonds will be used as soon as practicable
for the purposes for which the Bonds are issued.
(c) All deposits author ized or requir ed by this Or dina nce sha ll be secur ed to the fullest extent r equir ed
by law for the security of public funds.
Section 13. COMPLIANCE WITH RULE 15c2-12.
(a ) Definit ions. As used in this S ect ion, the following t er ms ha ve t he mea nings a scr ibed to such ter ms
below:
"MSRB" means the Municipal Securities Rulemaking Board.
"Rule" means SEC Rule 15c2-12, as amended fr om time to time.
"SEC" means the United States Securities and Exchange Commission.
(b) Annual Reports.
(i) The Issuer shall provide annually to the MSRB, in an electronic format as prescribed by
the MSRB, within 6 months after the end of each fiscal year ending in or after 2011, financial
information and operating data with respect to the Issuer of the general type included in the final
Official Statement authorized by Section 10 of this Ordinance, being the information described in
Exhibit A hereto. Any financial statements so to be provided shall be (1) prepared in accordance with
the accounting principles described in Exhibit A hereto, or such other accounting principles as the
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Issuer may be required to employ from time to time pursuant to state law or regulation, and (2)
audited, if the Issuer commissions an audit of such statements and the audit is completed within the
period during which they must be provided. If the audit of such financial statements is not complete
within such period, then the Issuer sha ll pr ovide una udited fina ncial statements by the r equir ed time,
and shall provide audited financial statements for the applicable fiscal year to the MSRB, when and
if the a udit repor t on such statements become ava ilable.
(ii) If the Issuer changes its fiscal year, it will notify the MSRB of the change (and of the date
of the new fiscal year end) prior to the next date by which the Issuer otherwise would be required to
provide financial information and operating data pursuant to this Section. The financia l information
and operating data to be provided pursuant to this Section may be set forth in full in one or more
documents or may be included by specific reference to any document that is available to the public on
the MSRB's internet website or filed with the SEC. All documents provided to the MSRB pur suant
to this Section shall be accompanied by identifying information as prescribed by the MSRB.
(c) Event Notices.
(i) The Issuer shall notify the MSRB in an electronic format as prescribed by the MSRB, in
a timely manner (but not in excess of ten business days after the occurrence of the event) of any of the
following events with respect to the Bonds, if such event is material within the meaning of the federal
securities laws:
1. Non-payment related defaults;
2. Modifications to rights of Bondholders;
3. Bond calls;
4. Release, substitution, or sale of property securing repayment of the Bonds;
5. The consummation of a merger, consolidation, or acquisition involving an
obligated person or the sale of all or substantially all of the assets of the obligated person,
other than in the ordinary course of business, the entry into a definitive agreement to undertake
such a n a ction or the termination of a definitive a gr eement relating to any such actions, other
than pursuant to its terms; and
6. Appointment of a successor or additional tr ustee or the cha nge of na me of a tr ustee.
(ii) The Issuer shall notify the MSRB in an electronic format as prescribed by the MSRB, in
a timely manner (but not in excess of ten business days after the occurrence of the event) of any of the
following events with respect to the Bonds, without regard to whether such event is considered material
within the meaning of the federal securities laws:
1. Principal and interest payment delinquencies;
2. Unscheduled draws on debt service reserves reflecting financial difficulties;
3. Unscheduled draws on credit enhancements reflecting financial difficulties;
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4. Substitution of cr edit or liquidity pr ovider s, or their fa ilur e to per for m;
5. Adverse tax opinions or the issuance by the Interna l Revenue Service of pr oposed
or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701–TEB) or
other material notices or determinations with respect to the tax-exempt status of the Bonds,
or other events affecting the tax-exempt status of the Bonds;
6. Tender offers;
7. Defeasances;
8. Rating changes; and
9. Bankruptcy, insolvency, receiver ship or simila r event of an obligated per son.
(iii) The Issuer shall notify the MSRB, in a timely manner, of any failure by the Issuer to
provide financial information or operating data in accordance with subsection (b) of this Section by
the time required by such subsection.
(d) Limitations, Disclaimers, and Amendments.
(i) The Issuer shall be obligated to observe and perform the covenants specified in this Section
for so long as, but only for so long as, the Issuer remains an "obligated person" with r es p ect to the
Bonds within the meaning of t he R ule, except that the Issuer in any event will give notice of any
deposit made in accordance with this Ordinance or applicable law that causes Bonds no longer to be
outstanding.
(ii) The provisions of this Section are for the sole benefit of t he r egistered owners and
beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit
or any legal or equitable right, r emedy, or claim her eunder to a ny other per son. T he Issuer under t a kes
to provide only the financial information, operating data, financial statements, and notices which it has
expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any
other information that may be relevant or material to a complete presentation of the Issuer's financial
results, condition, or prospects or hereby undertake to update any information provided in accordance
with this Sect ion or otherwise, except as expressly provided herein. The Issuer does not make any
representation or warranty concerning such information or its usefulness to a decision to invest in or
sell Bonds at any futur e da te.
(iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE
REGISTERED OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON,
IN CONTRACT OR TORT, FOR DAMAGES RESULT ING IN WHOLE OR IN PART FROM
ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS
PART, OF ANY COVENANT SPECIFIED IN T HIS SECTION, BUT EVERY RIGHT AND
REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF
ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC
PERFORMANCE.
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(iv) No default by the Issuer in observing or performing its obligations under this Section
shall comprise a breach of or default under this Ordinance for purposes of any other provision of this
Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the
duties of the Issuer under federal and state securities laws.
(v) Should the Rule be amended to obliga te the Issuer to make filings with or pr ovide not ices
to entities other than the MSRB, the Issuer hereby agrees to undertake such obligation with respect
to the Bonds in accor da nce with the Rule as amended. The pr ovisions of this Section may be amended
by the Issuer from time to time to adapt to changed circumstances that arise from a change in legal
requirements, a change in law, or a change in the identity, nature, status, or type of operations of the
Issuer, but only if (1) the provisions of this Section, as so amended, would have permitted an
underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the
Rule, taking into account any amendments or interpretations of the Rule since such offering as well
as such changed circumstances and (2) either (a) the registered owners of a majority in aggregate
principal amount (or any greater amount required by any other provision of this Ordinance that
authorizes such an amendment) of the outstanding Bonds consent to such amendment or (b) a person
that is unaffiliated with the Issuer (such as nationally recognized bond counsel) determined that such
amendment will not materially impair the interest of the registered owners and beneficial owners of the
Bonds. The Issuer may also amend or repeal the provisions of this continuing disclosure agreement
if the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters
judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions
of this sentence would not prevent an underwriter fr om lawfully purchasing or selling Bonds in the
primary offering of the Bonds. If the Issuer so amends the provisions of this Section, it shall include
with any amended financial information or operating data next provided in accordance with subsection
(b) of this Section an explanation, in narrative form, of the reason for the amendment and of the impact
of any change in the type of financial information or operating data so provided.
Section 14. METHOD OF AMENDMENT. The Issuer hereby reserves the right to amend this
Ordinance subject to the following terms and conditions, to-wit:
(a) The Issuer may fr om time to time, without the consent of any holder , except as other wise requir ed
by paragraph (b) below, amend or supplement t his Ordinance in order to (i) cure any ambiguity, defect or
omission in this Ordinance that does not materially adversely affect the interests of the holders, (ii) grant
additional rights or security for the benefit of the holders, (iii) a dd events of defa ult a s sha ll not be inconsistent
with the provisions of this Ordinance and that shall not materially adversely affect the interests of the holders,
(v) qualify this Ordinance under the Trust Indenture Act of 1939, as amended, or corresponding provisions of
federal laws from time to time in effect, or (iv) make such other provisions in regard to matters or questions
arising under this Ordinance as shall not be inconsistent with the provisions of this Ordinance and that shall
not in the opinion of the Issuer's Bond Counsel materially adversely affect the interests of the holders.
(b) Except as provided in paragraph (a) above, the holders of Bonds aggregating in principal amount
51% of the aggregate principal amount of then outstanding Bonds that are the subject of a proposed amendment
shall have the right from time to time to approve any amendment hereto that may b e deemed necessary or
desirable by the Issuer; provided, however, that without the consent of 100% of the holders in aggregate
principal amount of the then outstanding Bonds, nothing herein contained shall permit or be construed to permit
amendment of the terms and conditions of this Ordinance or in any of the Bonds so as to:
(1) Make any change in the maturity of any of the outstanding Bonds;
22
(2) Reduce the rate of interest borne by any of the outstanding Bonds;
(3) Reduce the amount of the principal of, or redemption premium, if any, payable on any
outstanding Bonds;
(4) Modify the terms of payment of principal or of interest or redempt ion pr emium on
outstanding Bonds or any of them or impose any condition with respect to such payment; or
(5) Change the minimum percentage of the principal amount of any series of Bonds necessary
for consent to such amendment.
(c) If at any time the Issuer shall desire to amend this Ordinance under this Section, the Issuer shall
send by U.S. mail to each registered owner of the affected Bonds a copy of the proposed amendment and cause
notice of the proposed amendment to be published at least once in a financial publication published in The City
of New York, New York or in the State of Texas. Such published notice shall briefly set forth the nature of
the proposed amendment and shall state that a copy ther eof is on file at the office of the Issuer for inspection
by all holders of such Bonds.
(d) Whenever at any time within one year from the date of publication of such notice the Issuer shall
receive an instrument or instruments executed by the holders of at least 51% in aggregate principal amount of
all of the Bonds then outstanding that are required for the amendment, which instrument or instruments shall
r efer to the pr op os ed a mendment a nd t ha t sha ll specifica lly consent to a nd a ppr ove such a mendment , the Issuer
ma y adopt the a mendment in substa ntia lly the sa me for m.
(e) Upon the adoption of any amendatory Ordinance pursuant to the provisions of this Section, this
Ordinance shall be deemed to be modified and amended in accordance with such amendatory Ordinance, and
the r espective r ights, du ties, a nd ob liga tions of the Issuer a nd a ll holder s of such a ffect ed Bonds sha ll ther ea ft er
be determined, exercised, and enforced, subject in all respects to such amendment.
(f) Any consent given by the holder of a Bond pursuant to the provisions of this Section shall be
irrevocable for a period of six months from the date of the publication of the notice pr ovided for in this Section,
and shall be conclusive and binding upon all future holders of the same Bond during such period. Such consent
may be revoked at any time after six months from the date of the publication of said notice by the holder who
gave such consent, or by a successor in title, by filing notice with the Issuer, but such revocation shall not be
effective if the holder s of 51% in aggr ega te pr incipal a mou nt of the a ffected Bonds then outstanding, ha ve,
prior to the attempted revocation, consented to and approved the amendment.
For the purposes of establishing ownership of the Bonds, the Issuer shall rely solely upon the
registration of the ownership of such Bonds on the registration books kept by the Paying Agent/Registrar.
Section 15. DEFAULT AND REMEDIES.
(a) Events of Default. Each of the following occurrences or events for the purpose of this Ordinance
is hereby declared to be an Event of Default:
(i) the failure to make payment of the principal of or interest on any of the Bonds when the
same becomes due and payable; or
23
(ii) default in the performance or observance of any other covenant, agreement or obligation
of the City, the failur e to perfor m which materially, a dver sely a ffects the r ights of the r egistered
owners of the Bonds, including, but not limited to, their prospect or ability to be repaid in accordance
with this Ordinance, and the continuation thereof for a period of 60 days after notice of such default
is given by any Registered Owner to the City.
(b) Remedies for Default.
(i) Upon the happening of any Event of Default, then and in ever y ca se, any Register ed Owner
or an authorized representative thereof, including, but not limited to, a trustee or trustees therefor, may
pr oceed aga ins t the Issuer for the pur pos e of pr ot ecting a nd enf or c i ng the r ight s of the R egist er ed
Owners under this Ordinance, by mandamus or other suit, action or special proceeding in equity or at
law, in any court of competent jurisdiction, for any relief permitted by law, including the specific
performance of any covenant or agreement contained herein, or thereby to enjoin any act or thing that
may be unlawful or in violation of any right of the Registered Owners hereunder or any combination
of such remedies.
(ii) It is provided that all such proceedings shall be instituted and maintained for the equal
benefit of all Registered Owners of Bonds then outstanding.
(c) Remedies Not Exclusive.
(i) No remedy herein conferred or reserved is intended to be exclusive of any other available
remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to
every other remedy given hereunder or under the Bonds or now or hereafter existing at law or in equity;
provided, however, that notwithstanding any other provision of this Ordinance, the right to accelerate
the debt evidenced by the Bonds sha ll not be ava ila ble as a r emedy under this Or dina nce.
(ii) The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of
any other available remedy.
(iii) By accepting the deliver y of a Bond author ized under this Or dina nce, such Registered
Owner agr ees tha t the certifications r equir ed to effectua te a ny covena nt s or r epr esent a tions conta ined
in this Ordinance do not and shall never constitute or give rise to a personal or pecuniary liability or
charge against the officers, employees or trustees of the Issuer or the City Council.
Section 16. APPROVAL OF ESCROW AGREEMENT AND TRANSFER OF FUNDS. The Mayor
of the Issuer is hereby authorized and directed to execute and deliver and the City Secretary of the Issuer is
hereby authorized and directed to attest an Escrow Agreement with U.S. Bank National Association, Dallas,
Texas, in substantially the form presented at this meeting, and to authorize and execute such contributions and
investments as may be necessary for the Escrow Fund.
Section 17. REDEMPTION OF REFUNDED OBLIGATIONS.
(a) The Issuer her eby dir ects tha t the Refunded Obliga tions be called for redemption on the dates set
forth on Schedule II. Each of such Refunded Obligations shall be redeemed at the redemption price of par plus
accrued interest. The Mayor of the Issuer is hereby authorized and directed to issue or cause to be issued the
24
Notices of Redemption of the Refunded Obligations in the form set forth in Exhibit B attached hereto to the
Paying Agent/Registrar for the Refunded Obligations.
(b) In addition, the Paying Agent/Registrar for the Refunded Obligations is hereby directed to provide
the appropriate notices of redemption and defeasance as specified by the ordinances authorizing the issuance
of the Refunded Obliga tions and is her eby dir ected to make a ppr opr iate ar r angement s so t ha t the R efunded
Obligations may be redeemed on their respective redemption dates. The Refunded Obligations shall be
pr esented for redemption at the Paying Agent/Registr ar ther efor e, and sha ll not bea r inter est after the da te fixed
for redemption.
(c) The source of funds for payment of the principal of and interest on the Refunded Obligations on
their respective maturity or redemption dates shall be from the funds placed in escrow with the Escrow Agent,
pur suant to the Escr ow Agr eement appr oved in S ection 16 of this Or dina nce.
Section 18. NET PREMIUM. The Bonds issued for the purposes described in Section 1(a) are being
sold at a net premium equal to $______________. Said premium in the amount of $_____________shall be
allocated to and applied against the voted authorization as set forth on Schedule I, and shall be used for such
purpose. Said premium in the amount of $_____________ s ha ll b e alloca ted to pay costs of issuance and
premium in the amount of $___________ shall be deposited into the Interest and Sinking Fund.
Section 19. SEVERABILITY. If any section, article, paragraph, sentence, clause, phrase or word
in this Ordinance, or application thereof to any persons or circumstances is held invalid or unconstitutional by
a court of competent jurisdiction, such holding shall not affect the validity of the remaining por tion of this
Ordinance, despite such invalidity, which remaining portions shall remain in full force and effect.
Section 20. EFFECT IVE DAT E. In a ccor da nce with the pr ovisions of V.T .C.A., Gover nment Code,
Section 1201.028, this Ordinance shall be effective immediately upon its adoption by the City Council.
(Execution Page Follows)
DULY PASSED by the City Council of the City of Coppell, Texas this the 26 day of July, 2011.TH
APPROVED:
DOUGLAS N. STOVER, MAYOR
ATTEST:
CHRISTEL PETTINOS, CITY SECRETARY
[CITY SEAL]
SCHEDULE I
Voted Bonds
Purpose
Amount
Author ized
Amount
Previously
Issued
Unissued
Balance
Amount
Being
Issued
November 2, 1999 Election
Street Improvements
(Prop. 1)
$ 30,345,000 $ 24,165,000 $ 6,180,000 $ 6,180,000
Drainage Improvements
(Prop. 3)
1,700,000 700,000 1,000,000 -0-
SCHEDULE II
Schedule of Refunded Obligations
Description Maturity Date
Principal Amount
Outstanding
General Obligation Refunding and Improvement
Bonds, Series 2002 2/1/2012 $ 975,000
2/1/2013 1,030,000
2/1/2014 1,085,000
2/1/2015 685,000
2/1/2016 320,000
2/1/2017 335,000
2/1/2018 350,000
2/1/2019 370,000
2/1/2020 390,000
2/1/2021 410,000
2/1/2022 430,000
Total $ 6,380,000
Called for redemption on September 30, 2011, a t t he pr ice of par plus accrued interest to the date of
redemption.
Description Maturity Date
Principal Amount
Outstanding
Combination Tax and Revenue Certificates of
Obligation, Series 2003 2/1/2012 $ 80,000
2/1/2013 80,000
2/1/2014 85,000
2/1/2015 85,000
2/1/2016 90,000
2/1/2020 390,000
2/1/2023 345,000
Total $ 1,155,000
Called for redemption on September 30, 2011, a t t he price of par plus accrued interest to the date of
redemption.
A-1
EXHIBIT A
Annual Financial Statements and Operating Data
T he following infor mation is referr ed to in S ection 13(a) of this Or dina nce:
The financial information and operating data with respect to the Issuer to be provided annually in accordance
with such Section are as specified (and included in the Appendix or under the headings of the Official Statement
referred to) below:
-- Tables 1 through 6, inclusive, and 8 through 14, inclusive
-- APPENDIX B (FINANCIAL STATEMENTS FOR THE LAST COMPLETED FISCAL YEAR WHICH
WILL BE UNAUDITED, UNLESS AN AUDIT IS PERFORMED IN WHICH EVENT THE AUDITED
FINANCIAL STATEMENTS WILL BE MADE AVAILABLE)
Accounting Principles
The accounting principles referred to in such Section are the accounting principles described in the notes to the
fina ncial statements referr ed to in par agr aph a bove.
--------------------
B-1
EXHIBIT B
NOTICE OF REDEMPTION
CUSIP Prefix No. 774280
NOT ICE IS HEREBY GIVEN that the City of Coppell, T exas has called for redemption the outstanding
obligations of the City described as follows (collectively, the "Refunded Obligations"):
City of Coppell, Texas General Obligation Refunding and Improvement Bonds, Series
2002, dated July 1, 2002, maturing February 1, 2012 through February 1, 2022, in the aggregate
principal amount of $6,380,000 (the "2002 Refunded Obligations"), to the call date of the 2002
Refunded Obligations so called for redemption at U.S. Bank National Association, Dallas,
Texas. Call date: September 30, 2011.
On September 30, 2011, interest on the 2002 Refunded Obligations shall cease to accrue and be
paya ble.
City of Coppell, Texas Combination Tax and Revenue Certificates of Obligation, Series
2003, dated June 1, 2003, maturing February 1, 2012 through February 1, 2016, February 1,
2020 and February 1, 2023, in the aggregate principal amount of $1,155,000 (the "2003
Refunded Obligations"), to the call date of the 2003 Refunded Obligations so called for
redemption U.S. Bank National Association, Dallas, Texas. Call date: September 30, 2011.
On September 30, 2011, interest on the 2003 Refunded Obligations shall cease to accrue and be
paya ble.
THE REFUNDED OBLIGATIONS shall be redeemed in whole at U.S. Bank National Associa t ion,
D alla s, T exa s, as the P a ying Agent/Registr a r for sa id R efunded Obliga tions. Upon pr esent a tion of the R efunded
Obligations at the Paying Agent/Registrar on the aforementioned redemption date, the holder thereof shall be
ent it led to r eceive the r edemption pr ice equa l to pa r and accr ued int er est to t he r edempt ion da t e.
NOT ICE IS GIVEN that due and proper arrangements have been made for providing the place of
pa yment of said Refunded Obligations called for redemption with funds sufficient to pay the principal amount
of s a id R efunded Obliga t ions and the interest ther eon to the r edemption da te. In the event said Refunded
Obligations, or any of them are not presented for redemption by the date fixed for their redemption, they shall not
thereafter bear interest.
UNDER THE PROVISIONS of Section 3406 of the Internal Revenue Code of 1986, as amended paying
a gents making payments of interest and principal on municipal securities may be obligated to withhold a tax from
remittance to individuals who have failed to furnish the paying agent with a valid taxpayer identification number.
R egistered holders who wish to avoid the imposition of the tax should submit cer tified taxpayer identification
numbers (via form W-9) when presenting the Refunded Obligations for payment.
THIS NOTICE is issued and given pursuant to the redemption provisions in the proceedings authorizing
t he issuance of the aforementioned Refunded Obligations and in accordance with the recitals and provisions of
said Refunded Obligations.
B-2
NOT ICE IS FURT HER GIVEN that the Refunded Obligations should be submitted to either of the
following addresses:
By Mail Overnight Courier/Hand Delivery
U.S. Bank National Association
Cor por ate T r ust Services
P.O. Box 64111
St. Paul, Minnesota 55164-0111
Tel: (800) 934-6802
U.S. Bank National Association
Cor por ate T r ust Services
60 Livingston Avenue
First Floor - Bond Drop Window
St. Paul, Minnesota 55107
Tel: (800) 934-6802
CIT Y OF COPPELL, T EXAS
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
July 26, 2011
14
✔
CONTRACT/BID or PROPOSAL
Consider approval of an Engineering Services contract with Teague Nall and Perkins in the amount of $78,500.00 for
the Alex Drive canal rehabilitation; as provided for in the Infrastructure Maintenance Fund; and authorizing the City
Manager to sign and execute necessary documents.
This contract will allow the City to rehabilitate the eastern bank of Alex Drive canal. The City's responsibility is the east
bank, which has experienced some slope failures.
Staff will be available to answer any questions.
Funds are available in the Infrastructure Maintenance Fund for this contract.
Staff recommends approval of this contract.
Contract Alex Canal-1 AR
1
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: July 26, 2011
RE: Consider approval of an Engineering Services contract with Teague
Nall and Perkins in the amount of $78,500.00 for the Alex Drive canal
rehabilitation; as provided for in the Infrastructure Maintenance
Fund; and authorizing the City Manager to sign and execute
necessary documents.
On March 14, 1995 City Council approved a Final Plat and Development Agreement for
development of The Enclaves on the Parkway, a 21 lot residential subdivision on the
South side of Parkway Blvd. across from Andy Brown East. At the time of this approval,
the drainage channel adjacent to this property was in a state of disrepair and represented a
maintenance concern to the city.
As part of a development agreement executed with the approval of this subdivision, the
city agreed to fund the stabilization and repair of the eastern and southern banks of this
canal. The developer of the subdivision agreed to fund the stabilization and repair of the
western and northern banks. Perpetual maintenance would then lie with the Homeowners
association for the portion funded by the developer and with the city for the portion we
funded.
This work was completed and accepted by the city on December 14, 1995. Over the past
several years, the portion of the channel that the city is responsible for has experienced
slope and wall failures as evidenced by the attached photograph. Continued slope and
wall failures in this area will begin to threaten the integrity of the homes at the top of the
slope if nothing is done to rehabilitate the eastern bank of the channel.
Upon execution of this contract Teague Nall and Perkins Inc. will perform field
surveying to establish the limits of failures and then design improvements for the east
bank of the channel. This contract includes development of detailed construction plans
for improvements, meeting with residents to present the proposed solutions, and
construction administration.
2
The City of Coppell is familiar with this firm and their capabilities. Staff recommends
approval of this design contract in the amount of $78,500.00 as provided for in the
Infrastructure Maintenance Fund. Staff will be available to answer any questions at the
Council meeting.
Proposed Canal Rehabilitation
Alex Drive Canal
City of Coppell Project MA10-09
Created in CIVIL3D
1 INCH = 1 MILE
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Created on: 19 July 2011 by Scott Latta 1/4
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1 INCH = FT.
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Proposed Canal Rehabilitation
Alex Drive Canal
City of Coppell Project MA10-09
Created in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2011.dwg \MA10-09
Created on: 19 July 2011 by Scott Latta
AREA OF PROPOSED
CANAL REHABILITATION
2/4
Proposed Canal Rehabilitation
Alex Drive Canal
City of Coppell Project MA10-09
Created in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2011.dwg \MA10-09
Created on: 19 July 2011 by Scott Latta 3/4
Proposed Canal Rehabilitation
Alex Drive Canal
City of Coppell Project MA10-09
Created in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2011.dwg \MA10-09
Created on: 19 July 2011 by Scott Latta 4/4
CITY OF COPPELL
CONSULTING ENGINEERS CONTRACT
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS §
CITY OF COPPELL §
THIS ENGINEERING SERVICES CONTRACT, hereinafter referred to as
"Contract," made, entered into and executed this the _______day of ______________, 2011, by
and between the City of Coppell acting by and through the City Manager with approval of the City
Council hereinafter referred to as "City", and Teague, Nall and Perkins, Inc., hereinafter referred
to as "Engineer".
WITNESSETH
WHEREAS, the City desires to contract for Professional Engineering Services, hereinafter
referred to as "Services", in connection with the Alex Drive Canal Rehabilitation, hereinafter
referred to as the "Project"; and
WHEREAS, the Engineer is acceptable to the City and is willing to enter into a Contract
with the City to perform the hereinafter defined Services necessary to complete the Project; and
WHEREAS, said Services shall be as defined herein and in the detailed Scope of Services,
Attachment A, incorporated herein by attachment and by reference; and
WHEREAS, this contract shall be administered on behalf of the City by its City Engineer
or his duly authorized representative. The Engineer shall fully comply with any and all
instructions from said City Engineer.
Page 2
AGREEMENT
NOW, THEREFORE, the City and the Engineer, in consideration of the mutual
covenants and agreements herein contained, do mutually agree as follows:
The City agrees to retain the Engineer, and the Engineer agrees to provide Services in connection
with the Project as defined herein, and for having rendered such Services the City agrees to pay to
the Engineer fee for these Services as mutually agreed. All Services under this Contract shall be
performed under the direct supervision of the City Engineer.
1. Scope of Services,
A. Basic Services Parts I & II: The work tasks and activities to be performed and
deliverable to be provided by the Engineer shall be in accordance with Attachment
A, Scope of Services, including modifications to the Basic Services as mutually
agreed to by the City and the Engineer in accordance with the provisions of this
Contract.
B. Additional Services Not Included In Basic Services: When mutually agreed to in
writing by the City and the Engineer, the Additional Services shall be provided by
the Engineer. These Additional Services are not included as a part of Basic
Services and shall be paid for by the City in addition to payment for Basic
Services. Should it be determined that one or more of the requirements of this
Contract conflict with the requirements of the Scope of Services, including
modifications to the Scope of Services or any attachments to this contract; the
requirement of the Contract shall govern.
2. Progress Schedule. Within ten (10) days after receiving Notice to Proceed (NTP) the
Engineer shall submit to the City a Schedule of Services consisting of a listing of the
major Project tasks, the estimated consultant hours required to perform the tasks, the
percentage of the Contract budget estimated to be allocated to each task and a bar chart
schedule showing task beginning and completion dates. Significant milestones for the
Project shall be identified. At a minimum, milestones shall be provided for the three
design submittals described in Attachment A, Scope of Services: Conceptual Design
Submittal, Preliminary Design Submittal, and Final Plans, Specifications, and Estimate
(PS&E) Submittal. Based on Schedule of Services, the City shall compile Attachment D,
Project Schedule which shall become a part of this Contract upon approval of the Engineer
and the City. The Engineer shall provide to the City information to report and monitor
the design tasks within the Project Schedule by completing a "Design Progress Report" on
a form provided by the City. The Engineer shall complete and provide to the City said
report at two week intervals.
Page 3
3. Compensation.
A. Basic Services Part I Fee: The Engineer shall be paid a fee for Basic Services Part
I under this Contract pursuant to the Fee Schedule described in Attachment A,
Scope of Services. Basic Services Part I Fee shall not exceed the lump sum of
Sixty Six Thousand Five Hundred dollars ($66,500) provided, however,
that modifications to the Basic Services Part I, or other conditions defined herein
may necessitate a change of Fee which shall be reduced to writing and approved by
the City or its designee.
B. Basic Services Part II Fee: The Engineer should be paid a fee under this Contract
for Basic Services Part II pursuant to the Fee Schedule described in Attachment A,
Scope of Services. Basic Services Part II Fee shall not exceed the lump sum of
Twelve Thousand dollars ($12,000) provided, however, that modifications to the
Basic Services Part II, or other conditions defined herein may necessitate a change
of Basic Fee which shall be reduced to writing and approved by the City or its
designee.
C. Total Maximum Fee: Total Maximum Fee for this Contract shall be a lump sum of
Seventy Eight Thousand Five Hundred dollars ($78,500): The lump sum Basic
Services Part I Fee plus the lump sum Basic Services Part II Fee.
D. Invoices: The Engineer shall submit invoices at not less than thirty (30) calendar
days for Basic Services Part I and/or Basic Services Part II on or before the twenty
fifth (25th) calendar day of the month, or the preceding business day if the twenty
fifth occurs on a weekend and/or observed holiday. Payment shall be based on the
invoices submitted to the City, provided that Services completed as indicated in the
Design Progress Reports approved by the City equals or exceeds the increment
percentage requested on the Engineer's invoices. Engineer's invoices to City
shall provide complete information and documentation to substantiate Engineer's
charges and shall be in a form to be specified by the City Engineer. Should
additional documentation be requested by the City Engineer the Engineer shall
comply promptly with such request.
E. Payments: All payments to Engineer shall be made on the basis of the invoices
submitted by the Engineer and approved by the City. Following approval of
invoices, City shall endeavor to pay Engineer promptly, however, under no
circumstances shall Engineer be entitled to receive interest on amounts due. The
City, in compliance with Texas State law, shall process a maximum of one
payment to the Engineer per month. City reserves the right to correct any error
Page 4
that may be discovered in any invoice whether paid to the Engineer or not, and to
withhold the funds requested by the Engineer relative to the error.
4. Fee Increases. Any other provision in this Contract notwithstanding, it is specifically
understood and agreed that the Engineer shall not be authorized to undertake any Services
pursuant to this Contract requiring the payment of any fee, expense or reimbursement in
addition to the fees stipulated in Article 3 of this Contract, without having first obtained
specific written authorization from the City. The written authorization for additional
Services shall be in the form of a Modification to the Scope of Services approved by the
City Engineer and/or the City Council, if required.
5. Modifications to the Scope of Services. Either the Engineer or the City Engineer may
initiate a written request for a Modification to the Scope of Services when in the opinion of
the requesting Party, the needs and conditions of the Project warrant a modification. Upon
the receipt of a request by either Party, the Engineer and the City Engineer shall review
the conditions associated with the request and determine the necessity of a modification.
When the Parties agree that a modification is warranted, the Engineer and the City
Engineer shall negotiate the specific modification(s) and any changes in the Total
Maximum Fee or Project Schedule resulting from the modification(s). Approval of a
modification shall be in the form of a written Modification to the Scope of Services which
clearly defines the changes to the previously approved Scope of Services, Fee and/or
Project Schedule. Said written Modification shall be approved by Engineer, authorized by
the City Council, if required, and issued by the City Engineer. Issuance of the approved
Scope of Services modification shall constitute a notice to proceed with the Project in
accordance with the modified Scope of Services. The City Engineer may issue written
Modifications to the Scope of Services without prior approval of the City Council when the
modifications are to be accomplished within the authorized Total Maximum Fee and do not
materially or substantively alter the overall scope of the Project, the Project Schedule or
the Services provided by the Engineer.
6. Project Deliverables. For each submittal identified in Attachment A, Scope of Services,
the Engineer shall provide the City with one set of reproducibles, one set of bluelines or
hard copy and electronic media of the submittal documents. For any required
environmental assessment, the Engineer shall provide one set of draft and one set of final
Environmental Reports. The Environmental Reports shall be submitted as original
reproducibles and on electronic media. The electronic file may omit photographs and
government prepared maps. If photographs are included in the report they shall be taken
with a 35 mm camera or larger format camera. Color laser copies may be substituted for
the original photographs in the final report.
Page 5
A transmittal letter shall be included with the Environmental Reports and shall include an
executive summary outlining: a.) Findings of the Reports; b.) Conclusions; c.)
Recommendations; and d.) Mitigation/remediation cost estimates.
7. Project Control. It is understood and agreed that all Services shall be performed under
the administrative direction of the City Engineer. No Services shall be performed under
this Contract until a written Notice to Proceed is issued to the Engineer by the City
Engineer. In addition, the Engineer shall not proceed with any Services after the
completion and delivery to the City of the Conceptual Design Submittal, Preliminary
Design Submittal, or the Final PS&E Submittal as described in the Basic Services without
written instruction from the City. The Engineer shall not be compensated for any
Services performed after the said submittals and before receipt of City's written instruction
to proceed.
8. Partnering. The City shall encourage participation in a partnering process that involves
the City, Engineer and his or her sub-consultants, and other supporting jurisdictions
and/or agencies. This partnering relationship shall begin at the Pre-Design Meeting and
continue for the duration of this Contract. By engaging in partnering, the parties do not
intend to create a legal partnership, to create additional contractual relationships, or to in
any way alter the legal relationship which otherwise exists between the City and the
Engineer. The partnering effort shall be structured to draw on the strengths of each
organization to identify and achieve reciprocal goals. The objectives of partnering are
effective and efficient contract performance and completion of the Project within budget,
on schedule, in accordance with the Scope of Services, and without litigation. Participation
in partnering shall be totally voluntary and all participants shall have equal status.
9. Disputes. The City Engineer shall act as referee in all disputes under the terms of this
Contract between the Parties hereto. In the event the City Engineer and the Engineer are
unable to reach acceptable resolution of disputes concerning the Scope of Services to be
performed under this Contract, the City and the Engineer shall negotiate in good faith
toward resolving such disputes. The City Engineer may present unresolved disputes
arising under the terms of this Contract to the City Manager or designee. The decision of
the City Manager or designee shall be final and binding. An irreconcilable or unresolved
dispute shall be considered a violation or breach of contract terms by the Engineer and
shall be grounds for termination. Any increased cost incurred by the City arising from such
termination shall be paid by the Engineer.
10. Engineer's Seal. The Engineer shall place his Texas Professional Engineers seal on all
engineering documents and engineering data prepared under the supervision of the
Engineer in the performance of this Contract.
Page 6
11. Liability. Approval of the Plans, Specifications, and Estimate (PS&E) by the City shall
not constitute nor be deemed a release of the responsibility and liability of Engineer, its
employees, subcontractors, agents and consultants for the accuracy and competency of
their designs, working drawings, tracings, magnetic media and/or computer disks,
estimates, specifications, investigations, studies or other documents and work; nor shall
such approval be deemed to be an assumption of such responsibility by the City for any
defect, error or omission in the design, working drawings, tracings, magnetic media and/or
computer disks, estimates specifications, investigations, studies or other documents
prepared by Engineer, its employees, subcontractors, agents and consultants. Engineer
shall indemnify City for damages resulting from such defects, errors or omissions and
shall secure, pay for and maintain in force during the term of this Contract sufficient errors
and omissions insurance in the amount of $250,000.00 single limit, with certificates
evidencing such coverage to be provided to the City. The redesign of any defective work
shall be the sole responsibility and expense of the Engineer. Any work constructed, found
to be in error because of the Engineer's design, shall be removed, replaced, corrected or
otherwise resolved at the sole responsibility and expense of the Engineer. The parties
further agree that this liability provision shall meet the requirements of the express
negligence rule adopted by the Texas Supreme Court and hereby specifically agree that this
provision is conspicuous.
12. Indemnification. Engineer shall indemnify, hold harmless and defend the City of
Coppell, its officers, agents and employees from any loss, damage, liability or expense,
including attorney fees, on account of damage to property and injuries, including death, to
all persons, including employees of Engineer or any associate consultant, which may arise
from any errors, omissions or negligent act on the part of Engineer, its employees, agents,
consultants or subcontractors, in performance of this Contract, or any breach of any
obligation under this Contract. It is further understood that it is not the intention of the
parties hereto to create liability for the benefit of third parties, but that this agreement shall
be solely for the benefit of the parties hereto and shall not create or grant any rights,
contractual or otherwise to any person or entity. The parties further agree that this
indemnification provision shall meet the requirements of the express negligence rule
adopted by the Texas Supreme Court and hereby specifically agree that this provision is
conspicuous.
13. Delays and Failure to Perform. Engineer understands and agrees that time is of the
essence and that any failure of the Engineer to complete the Services of this Contract
within the agreed Project Schedule shall constitute material breach of this Contract. The
Engineer shall be fully responsible for its delays or for failures to use diligent effort in
accordance with the terms of this Contract. Where damage is caused to the City due to the
Engineer's failure to perform in these circumstances, the City may withhold, to the extent
of such damage, Engineer's payments hereunder without waiver of any of City's
additional legal rights or remedies. The Engineer shall not be responsible for delays
associated with review periods by the City in excess of the agreed Project Schedule.
Page 7
14. Termination of Contract. It is agreed that the City or the Engineer may cancel or
terminate this Contract for convenience upon fifteen (15) days written notice to the other.
Immediately upon receipt of notice of such cancellation from either party to the other, all
Services being performed under this Contract shall immediately cease. Pending final
determination at the end of such fifteen-day period, the Engineer shall be compensated on
the basis of the percentage of Services provided prior to the receipt of notice of such
termination and indicated in the final Design Progress Report submitted by the Engineer
and approved by the City.
15. Personnel Qualifications. Engineer warrants to the City that all Services provided by
Engineer in the performance of this Contract shall be provided by personnel who are
appropriately licensed or certified as required by law, and who are competent and qualified
in their respective trades or professions.
16. Quality Control. The Engineer agrees to maintain written quality control procedures.
The Engineer further agrees to follow those procedures to the extent that, in the
Engineer's judgment, the procedures are appropriate under the circumstances.
17. Ownership. All Engineer's designs and work product under this Contract, including but
not limited to tracings, drawings, electronic or magnetic media and/or computer disks,
estimates, specifications, investigations, studies and other documents, completed or
partially completed, shall be the property of the City to be used as City desires, without
restriction; and Engineer specifically waives and releases any proprietary rights or
ownership claims therein and is relieved of liability connected with any future use by City.
Copies may be retained by Engineer. Engineer shall be liable to City for any loss or
damage to such documents while they are in the possession of or while being worked upon
by the Engineer or anyone connected with the Engineer, including agents, employees,
consultants or subcontractors. All documents so lost or damaged while they are in the
possession of or while being worked upon by the Engineer shall be replaced or restored by
Engineer without cost to the City.
18. Project Records and Right to Audit. The Engineer shall keep, retain and safeguard all
records relating to this Contract or work performed hereunder for a minimum period of
three (3) years following the Project completion, with full access allowed to authorized
representatives of the City upon request for purposes of evaluating compliance with
provisions of this Contract. Should the City Engineer determine it necessary, Engineer
shall make all its records and books related to this Contract available to City for inspection
and auditing purposes.
19. Non-Discrimination. As a condition of this Contract, the Engineer shall take all necessary
action to ensure that, in connection with any work under this Contract it shall not
discriminate in the treatment or employment of any individual or groups of individuals on
Page 8
the grounds of race, color, religion, national origin, age, sex or physical impairment
unrelated to experience, qualifications or job performance, either directly, indirectly or
through contractual or other arrangements.
20. Gratuities. City of Coppell policy mandates that employees shall never, under any
circumstances, seek or accept, directly or indirectly from any individual doing or seeking
to do business with the City of Coppell, loans, services, payments, entertainment, trips,
money in any amount, or gifts of any kind.
21. No Waiver. No action or failure to act on the part of either Party at any time to exercise
any rights or remedies pursuant to this Contract shall be a waiver on the part of that Party
of any of its rights or remedies at law or contract.
22. Compliance with Laws. The Engineer shall comply with all Federal, State and local
laws, statutes, City Ordinances, rules and regulations, and the orders and decrees of any
courts, or administrative bodies or tribunal in any matter affecting the performance of this
Contract, including without limitation, worker's compensation laws, minimum and
maximum salary and wage statutes and regulations, and licensing laws and regulations.
When required, Engineer shall furnish the City with satisfactory proof of compliance
therewith.
23. Severability. In case one or more of the provisions contained in this Contract shall for any
reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provisions hereof and this Contract shall be
construed as if such invalid, illegal or unenforceable provision had never been contained
herein.
24. Venue. With respect to any and all litigation or claims, the laws of the State of Texas shall
apply and venue shall reside in Dallas County.
25. Prior Negotiations. This Contract supersedes any and all prior understandings and
agreement by and between the Parties with respect to the terms of this Contract and the
negotiations preceding execution of this Contract.
26. Contacts. The Engineer shall direct all inquiries from any third party regarding
information relating to this Contract to the City Engineer.
Page 9
27. Notification. All notices to either Party by the other required under this Contract shall be
delivered personally or sent by certified U.S. mail, postage prepaid, addressed to such
Party at the following respective addresses:
City: City of Coppell, Texas
Kenneth M. Griffin, P.E.__
City Engineer___________
255 Parkway Blvd._______
Coppell, TX 75019______
Engineer: Mark J. Holliday, P.E. ____
Teague, Nall and Perkins, Inc.
12160 North Abrams Road, Suite 508
Dallas, Texas 75243______
IN WITNESS WHEREOF, the City of Coppell, Texas and the Engineer has caused these
presents to be executed by duly authorized representatives on the day and year set forth above.
THE CITY OF COPPELL ENGINEER:___________________
BY: BY:
______________________ ______________________________
City Manager Name & Title
Date: __________________ Date:_________________________
ATTEST: ATTEST:
_______________________ ______________________________
(CORPORATE SEAL)
Page 10
ATTACHMENT ‘A’
SCOPE OF SERVICES
The Engineer agrees to render services necessary for the development and completion of the
Project as outlined herein.
Over the last several years, the canal between Enclaves Court and Alex Drive has experienced
slope failure and retaining wall failure along the east bank. The City evaluated various
construction options in the past, but a feasible solution was never finalized. The west bank is
owned by a neighborhood HOA, and minor slope failures and wall movement along the west
bank can be observed. The east bank of the canal is owned by the City, and a recent wall
failure near Parkway Boulevard has increased the awareness of the need to address the issue.
The Basic Services to be performed under this Contract include the following scope of work:
1. Project limits consist of the east bank of the canal from Parkway Blvd to approximately
700 linear feet south to the 90-degree bend in the canal, and tie into the existing
headwall at this location.
2. Evaluate up to four options for construction techniques and materials for reconstructing
the wall and stabilizing the east slope.
3. Prepare USACE Pre-Construction Notification for Nationwide Permit 13 - Bank
Stabilization if necessary.
4. Prepare hydraulic model to verify no adverse impact of wall improvements on peak
water surface elevations.
5. Provide to the City a summary of evaluated options w/ cost opinions and
recommendations.
6. Attend one neighborhood meeting with City staff to discuss alternatives with adjacent
residents.
7. Prepare construction drawings and specifications for up to two options to allow
alternate methods to be bid by contractors.
8. Provide construction administration services and structural inspection of walls.
Page 11
BASIC SERVICES PART I:
1. When requested by the City, the Engineer shall attend preliminary conferences with
authorized representatives of the City regarding the project and such other conferences as
may be necessary in the opinion of the City so that the plans and specifications which are to
be developed hereunder by the Engineer, will result in providing facilities which are
economical in design and conform to instruction from the City.
2. The Engineer shall attend such conferences with officials of other agencies including other
engineering and/or surveying firms under contract with the City, as may be necessary in the
opinion of the City for coordination with the other agencies. It shall be the Engineer’s duty
hereunder to secure necessary information from such agencies.
3. The Engineer shall utilize previously completed geotechnical report provided by City.
Engineer shall advise the City if any additional subcontract work that is not already included
in this contract becomes necessary to the design of the project. Such additional
subcontracted work, tests, surveys, or subsurface investigations shall be made only upon
authorization by and at the expense of the City.
4. The Engineer shall provide necessary design field surveys for his use in the preparation of
preliminary and final plans and specifications.
Survey For Design: Provide detailed topographic survey for project along the project
corridor. This will include horizontal and vertical location of existing above ground features
and visible utility appurtenances throughout the length of the project corridor including, but
not limited to, existing pavement connections, sidewalks, trees, fences, water valves, fire
hydrants and manholes. Flowlines of existing culvert and storm drain outfalls will be shot
and elevations provided. Survey limits will be from east fenceline to west fenceline, and
extend from Parkway Blvd to the 90-degree bend located approximately 700 LF south.
(a) Establish control network utilizing GPS and City of Coppell published datum.
Unless otherwise required, horizontal datum will be NAD 83 and NAVD 88 for
vertical datum.
(b) Perform field surveys to tie the horizontal and vertical locations of franchise
utilities when located close to proposed facilities.
(c) Establish vertical control benchmarks within the project limits on existing
permanent structures.
(d) Tie benchmarks to as-built plans for correlation of datum.
Page 12
A. PRELIMINARY DESIGN
After studying up to four design concepts in sufficient detail to evaluate conceptual cost opinions
and constructability concerns, the Engineer will provide a brief summary of options with
recommendations to the City. City shall select a base design and one alternate design for
Engineer to prepare construction plans to be used for contractor bidding.
Engineer shall prepare a HEC-RAS hydraulic model for existing conditions and proposed
conditions between the limits of existing concrete spillway downstream of Parkway Blvd. to the
upstream end of the project. Effective FEMA hydrology shall be used for model, and does not
include FEMA map changes or detailed drainage reports.
1. The Engineer shall then proceed with preparation of the preliminary design of the project
incorporating all comments received from the City and agreed upon by both the City and
the Engineer into these plans. Project design shall be in accordance with environmental
standards provided by the City, as well as known state and federal guidelines applicable to
the project.
a. Prepare typical proposed wall cross sections.
b. Establish preliminary horizontal alignment for wall.
c. Establish preliminary vertical profiles for wall.
d. Show major features on plan sheets including edges of roadway, fences, sidewalks,
trees, and culverts.
e. Show existing storm system improvements.
f. Show known utility crossings and nearby adjacent utilities, and other topographic
features as identified from field surveys and information provided by utility
companies and the City’s record drawings.
g. The Engineer shall supply the preliminary plans to all known utility companies,
including franchised utilities and pipeline companies which have known existing
facilities within the limits of the Project. One set of dated preliminary plans, and one
set of dated and approved advertising (final) plans shall also be submitted at the
appropriate intervals.
h. The Engineer shall provide detailed design data, profiles, cross-sections where
appropriate, opinions of probable cost, and furnish two (2) copies of detailed
preliminary design plans for the project to the City for review.
2. Prepare exhibit of design alternatives for a public meeting. Engineer shall attend one
neighborhood meeting with City staff to discuss alternatives with adjacent residents.
3. After receipt of preliminary design review comments from the City, the Engineer shall make
all corrections noted and then commence preparation of the final design plans and
specification/contract documents.
Page 13
C. FINAL PLANS, SPECIFICATIONS, AND ESTIMATE (P S & E)
1. Incorporating all City review comments from the preliminary design submittal, the Engineer
will complete the final plans, prepare contract documents/specifications, and a final opinion
of probable cost for the authorized construction units. This shall include summaries of bid
items and quantities, but the Engineer does not guarantee that Contractor bids will not vary
from such opinion. Each of these items (2 copies each) shall be submitted to the City for
final approval.
a. Develop miscellaneous sheets such as Title Sheet, Horizontal Control Sheet, General
Notes & Quantities, and Standard Details.
b. Prepare Erosion Control Plan sheets (full size, 1:40 scale) for proposed improvements.
The successful bidder (contractor) will be required to supply and submit a formal
SWPPP to the TCEQ as owner and operator of the construction project.
c. Prepare traffic control and construction phasing plan for proposed improvements.
d. Provide typical retaining wall design cross sections.
e. Incorporate comments from the utility companies pertaining to the location of existing
facilities and organize a utility coordination meeting among all impacted utilities at City
Hall.
f. Finalize Special Conditions, which will include Special Technical specifications.
g. Meet with City to develop final phasing of construction. City will notify the City of Coppell
Police and Fire Departments of all proposed construction phase traffic.
h. Complete quantity take-off and prepare final estimate of probable construction cost
based on final plans.
i. Prepare final bid documents including bid proposal forms, construction plans,
specifications, and contract documents.
2. After receipt of final plan/specifications/contract documents review comments from the City,
the Engineer shall make all corrections noted and then provide up to twelve (12) copies of
contract documents and final bid plans to Contractors bidding the Project. Contract
documents shall contain the Notice to Bidders, Proposal, Wage Rates, General and Special
Provisions, Special Specifications, Insurance Statement, Payment, Performance, and
Maintenance Bonds, and all other required City Contract forms.
3. The original drawings of all plans shall be plotted in ink on approved plastic film sheets, or
as otherwise approved by the City Engineer, and shall become the property of the City.
City may use such drawings in any manner it desires provided, however, that the Engineer
shall not be liable for the use of such drawings for any project other than the project
described herein.
Page 14
D. CONSTRUCTION ADMINISTRATION.
1. The Engineer will assist the City in the advertisement for bids--prepare Notice to Bidders
for required newspaper advertising --and place notice with Texas Contractor magazine and
Dodge Report.
2. The Engineer will attend a pre-bid meeting if deemed necessary by the City.
3. The Engineer shall assist in the tabulation and review of all bids received for the
construction of the improvements, and shall make recommendations to the City concerning
these bids. At any time during the construction of this project, the Engineer shall advise on
special review shop drawings required of the Contractor by the Construction Contract(s).
Such review shall be for general conformance with the design concept and general
compliance with the plans and specifications under the Construction Contract(s).
4. After selection of Contractor(s) and award of contract(s) by the City, the Engineer will assist
in the preparation of contract documents, including contract, performance, payment, and
maintenance bonds and all other related City forms required to initiate construction on the
project(s).
5. Engineer will attend a pre-construction conference with City staff, Contractor(s), and all
affected utility companies.
6. Engineer will provide periodic field representation and will monitor construction progress as
Engineer deems necessary, including possible scheduled meetings with the project
inspector and the Contractor(s) to discuss the construction progress. Engineer will provide
required structural inspection when notified at the appropriate time. It is estimated that up to
four site visits will be made. A written status can be provided to the City after each of these
meetings if needed.
7. Engineer will consult and advise the City regarding the need for any contract change orders
and will prepare change orders as required for City approval.
8. Engineer will be available for interpretation of plans and specifications as may be required
by the Contractor(s) in the field.
9. The Engineer will, with assistance from the City Inspector on the project(s), prepare and
process monthly and final pay requests from the Contractor(s) to the City.
10. Engineer will provide, in conjunction with the City, a final inspection of the project and
provide a “punch list” of deficient items to the Contractor(s).
11. Engineer will revise construction drawings as necessary to adequately reflect any revisions
in the construction from that which was represented on the plans and/or specifications.
12. Engineer will provide the City with one (1) set of mylar reproducible “Record Drawings”
within 30 days after the completion of the project including updated digital CAD files of the
new construction for use in the City’s computerized mapping system.
Page 15
BASIC SERVICES PART II: Environmental Services
1. Section 404 Permit Assessment -
TNP will utilize Integrated Environmental Solutions, Inc. (IES) to provide professional
services regarding Section 404 permitting strategies. The permitting strategy will focus on
utilizing Nationwide Permit (NWP) 13 – Bank Stabilization for the proposed project and
identify ways to avoid or minimize impacts so that there will not be any preconstruction
notification to the USACE. If the project meets all terms and conditions of NWP 13, without
requiring notification under General Condition 27, IES will prepare a brief letter report
presenting the delineation, describing the project and how it meets all conditions of NWP 13.
2. Pre-Construction Notification under Nationwide Permit 13 -
If the proposed impacts exceed the allowed thresholds, a notification to the USACE is
required prior to construction of the proposed project. IES would detail the ecological
functions and values of the waters of the United States on the property, based on current
conditions and other previous documentation. Once these baseline conditions are accepted
by the USACE, these will be the functions and values that will be mitigated. Although this
project may only have minor impacts, the NWP submittal must detail the planning process
and provide compensatory mitigation for unavoidable impacts if necessary. All tasks will be
assembled into the Section 404 permit submittal to the USACE. After the permit is
submitted to the USACE, additional coordination may be required to finalize the
requirements of the permitting process.
Page 16
F. EXCLUSIONS
1. Providing a full-time on-site representative during construction.
2. Environmental assessments or USACE permitting beyond that described.
3. Fees for FEMA submittals, permits or advertising.
4. Certification that work is in accordance with plans and specifications, beyond standard
preparation of record drawings described.
5. Environmental cleanup.
6. Floodplain studies, map revisions, or detailed drainage reports.
7. Trench safety designs.
8. Quality control and testing services during construction.
9. Services in connection with condemnation hearings.
10. Design of underground storm drain infrastructure system improvements.
11. Design of water and sanitary sewer lines.
12. Preparation of drainage area map and drainage calculations.
13. On-site safety precautions, programs and responsibility.
14. Consulting services by others not included in proposal.
15. Traffic engineering report or study.
16. Title searches, boundary surveys, or property surveys.
17. Preparation of landscape plans or tree mitigation plans.
Page 17
COMPENSATION:
The maximum overall fee established herein shall not be exceeded without written authorization
from the City of Coppell, justified by increased scope of services.
The following is a summary of the estimated charges for the various elements of the proposed
services:
Basic Services Part I Fee:
A. Engineering ............................................................................................$ 55,500
B. Design Survey .......................................................................................$ 11,000
Subtotal: $ 66,500
Basic Services Part II Fee:............................................................................... Additional Services
A. Reimbursable Expenses (printing, as-built prep, etc) ……..………… $ 2,000
B. Environmental Services……………………………………………… $ 10,000
Subtotal: $ 12,000
Total Contracted Fee: $ 78,500
Page 18
TEAGUE NALL AND PERKINS, INC.
Standard Rate Schedule for Reimbursable/Multiplier Contracts
Effective January 1, 2011 to December 31, 2011*
Engineering / Technical From - To
Principal $150 - $230 Per Hour
Project Manager $120 - $200 Per Hour
Senior Engineer $110 - $210 Per Hour
Engineer $85 - $140 Per Hour
Landscape Architect / Planner $110 - $170 Per Hour
Landscape Designer $70 - $110 Per Hour
Designer $85 - $120 Per Hour
Senior Designer $100 - $150 Per Hour
CAD Technician $60 - $90 Per Hour
Senior CAD Technician $75 - $110 Per Hour
IT Consultant $120 - $150 Per Hour
IT Technician $85 - $120 Per Hour
Clerical $50 - $80 Per Hour
Resident Project Representative $70 - $120 Per Hour
Surveying
Survey Office Manager $130 - $180
Registered Professional Land Surveyor $120 - $150
S.I.T. $70 - $100
Senior Survey/SUE Technician $70 - $100
Junior Survey/SUE Technician $50 - $80
2-Person Field Crew w/Equipment $115
3-Person Field Crew w/Equipment $125
4-Person Field Crew w/Equipment $150
1-Person G.P.S. Crew w/Equipment $125
2-Person G.P.S. Crew w/Equipment $145
3-Person G.P.S. Crew w/Equipment $165
1-Person Robotic Crew w/Equipment $110
2-Person Robotic Crew w/Equipment $130
SUE QL-A Test Hole (0 – 4 ft)* $750 Per Hole
SUE QL-A Test Hole (4.1 - 8 ft)* $900 Per Hole
SUE QL-A Test Hole (8.1 – 12 ft)* $1,150 Per Hole
SUE QL-A Test Hole (12.1 – 20 ft)* $1,500 Per Hole
VAC Truck $250 Per Hour
Direct Cost Reimbursables
Photocopies, Scans & PDF Files: $0.10/page letter and legal size bond paper, B&W
$0.20/page 11” x 17” size bond paper, B&W
$1.00/page letter, legal and 11” x 17” color bond paper,
$2.00/page 22” x 34” and larger bond or vellum, B&W
$4.00/page 22” x 34” and larger bond or vellum, color
Plots: $1.00/page 11” x 17” size bond paper, B&W
$2.00/page 11” x 17” size bond paper, color
$4.00/page 22”x34” and larger bond or vellum, B&W
$6.00/page 22”x34” and larger paper or vellum, color
$6.00/page 22”x34” and larger mylar or acetate, B&W
Mileage $0.50/mile
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
July 26, 2011
15
✔
ORDINANCE
Consider approval of an ordinance amending Article 8-3 Parking, Section 8-3-1(A) of the Code of Ordinances for the
City of Coppell to provide for no parking zones on Willow Lane, Shadydale Lane, and Oak Trail; and authorizing the
Mayor Pro Tem to sign any necessary documents.
This ordinance amendment will prohibit parking on portions of Willow Lane, Shadydale Lane, and Oak Trail at all times.
Staff will be available to answer any questions.
Staff recommends approval of this ordinance amendment.
No Parking Ord. willow lane-1 AR
MEMORANDUM
TO: Mayor and City Council
VIA: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
FROM: Michael Garza, E.I.T., Graduate Engineer
DATE: July 26, 2011
RE: Consider approval of an ordinance amending Article 8-3 Parking, Section 8-3-
1(A) of the Code of Ordinances for the City of Coppell to provide for no parking
zones on Willow Lane, Shadydale Lane, and Oak Trail; and authorizing the
Mayor Pro Tem to sign any necessary documents.
On January 22nd 2002, Council approved Ordinance #2002-977 which prohibits parking, stopping
or standing on school days from 7:00 am to 9:00 am and from 2:30 pm to 4:30 pm on both sides in
its entirety for Shadydale Lane, Oak Trail, Willow and Shady Oak Lane. However, staff has
received complaints from the residents of this neighborhood regarding parking on the street and in
the grass during high school football games and other school events. The streets in Shadydale
Acres Subdivision are approximately 16’ wide asphalt streets. This leaves no room for on-street
parking and for emergency access. The fire department uses the back entrance to the school for
emergency access during football games. This area should remain clear at all times.
Approval of this ordinance would revise the existing ordinance to make Willow Lane no parking on
the north side at all times. The no parking zone would begin on the west side of Oak Trail 30 feet
south of its intersection with Willow Lane and continue on the north side of Willow Lane to the east
side of Shadydale Lane 30 feet south of its intersection with Willow Lane.
Staff will be available to answer questions at the council meeting.
Proposed No Parking
Willow Ln
Shadydale Acres
Created in CIVIL3D
1 INCH = 1 MILE
0
S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2011.dwg \SHADYDALE NO PKG
Created on: 18 July 2011 by Scott Latta 1/2
1/2 1
1 INCH = FT.
0 300
300
150
Proposed No Parking
Willow Ln
Shadydale Acres
Created in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2011.dwg \SHADYDALE NO PKG
Created on: 18 July 2011 by Scott Latta
AREA OF PROPOSED
NO PARKING, STANDING
OR STOPPING
2/2
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 SECTION 8-
3-1(A) OF THE CODE OF ORDINANCES TO CHANGE THE AREA AND
TIMES FOR NO PARKING ON ALL OR PORTIONS OF OAK TRAIL,
SHADYDALE LANE, AND WILLOW LANE; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED
DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That Section 8-3-1A of Chapter 8 of the Code of Ordinances be, and the
same is hereby, amended to provide for no parking zones on Oak Trail, Shadydale Lane, and
Willow Lane to read as follows:
“Sec. 8-3-1 NO PARKING ON SPECIFIC STREETS & IN CERTAIN SCHOOL
ZONES/SCHOOL AREAS
A. No parking on specific streets. It shall be unlawful for any person to stop, stand
or park a vehicle at any time in violation of any official sign, curb marking, or street
marking that prohibits, regulates, or restricts the stopping, standing or parking of a
vehicle at the times designated for the following streets:
. . . . .
Oak Trail on both sides, in its entirety, on school days only from 7:00 a.m. to 9:00
a.m. and from 2:30 p.m. to 4:30 p.m. and at all times on the west side beginning
30 feet south of its intersection with Willow Lane continuing north to Willow
Lane.
. . . . .
Shadydale Lane on both sides, in its entirety, on school days only from 7:00 a.m. to
9:00 a.m. and from 2:30 p.m. to 4:30 p.m. and at all times on the east side
beginning 30 feet south of its intersection with Willow Lane continuing north to
its intersection with Willow Lane.
TM 50297.2.71911 2
. . . . .
Willow Lane on the north side, in its entirety, at all times.
. . . . .”
SECTION 2. The traffic engineer shall erect official signs, curb markings, or street
markings giving notice that parking, stopping or standing of vehicles is prohibited at the locations
designated herein.
SECTION 3. That all provisions of the Code of Ordinances of the City of Coppell, Texas,
in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 4. That should any word, phrase, paragraph, section or phrase of this ordinance
or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid,
the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof
other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the
validity of the Code of Ordinances as a whole.
SECTION 5. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense
was committed and the former law is continued in effect for this purpose.
SECTION 6. That any person, firm or corporation violating any of the provisions or terms
of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a
misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be
subjected to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense; and
each and every day such violation is continued shall be deemed to constitute a separate offense.
TM 50297.2.71911 3
SECTION 7. That this ordinance shall take effect immediately from and after its passage
and the publication of the caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of
___________________, 2011.
APPROVED:
MARSHA TUNNELL, MAYOR PRO TEM
ATTEST:
CHRISTEL PETTINOS, 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:
Human Resources
July 26, 2011
16
✔
CONTRACT/BID or PROPOSAL
Consider approval of an addendum to the current Administrative Services Agreement for the third party administrative
services with UMR, Inc. in the amount of $142,086.72 and authorizing the City Manager to sign all necessary
documents.
Please see attached memorandum.
Funds for this agreement are budgeted in the Self Insurance Fund.
Staff recommends approval.
&UMR-1AR
MEMORANDUM
TO: Mayor and City Council
FROM: Vivyon V. Bowman, Director of Administration/Human Resources
DATE: July 8, 2011
SUBJECT: Approval of the proposed Administrative Services Agreement renewal
with UMR, Inc. (UMR)
The City staff is recommending that we renew our existing contract with UMR for third
party administrative services. This will be the fifth year for the City of Coppell to retain
UMR to administer our medical and Rx plan and the City has been served well by the
discounts in claims costs afforded by our relationship with UMR and access to their PPO
network. The renewal will be completed by amending the existing Administrative
Services Agreement. The proposed renewal from UMR is attached.
The annual administrative fees for this contract year with UMR are $142,086.72 based on
356 covered employees. UMR administrative services include medical, flexible
spending, health reimbursement arrangement (HRA), claims processing, utilization
review, ID card generation, internet based web portal for employees to access claims
utilization, run out claims administration, and United Health Care’s PPO network access.
I have also attached UMR’s initial renewal proposal, as well as the current administrative
services agreement for your review. This renewal will result in an increase in
administrative fees in the amount $2,136.00 over last year’s costs.
A renewal presentation for:
City of Coppell
Presented to Brinson Benefits, Inc.
by Jana Nentwich
May 2011
City of Coppell Page 1
Renewal Administration Fee Summary
City of Coppell
Effective: 10/01/2011
All fees shown as PEPM unless noted
Administration and Access Fees EEs Current Renewal % Change
Medical claims (10/1/2011 - 9/30/2012) 348 $18.60 $19.05 2.42%
Medical claims (10/1/2012 - 9/30/2013) 348 $19.05 $19.53 2.52%
UnitedHealthcare Options PPO Network -
access fee 348 $10.95 $10.95 0.00%
Client advisor commission 348 Net Net N/A
Utilization and case management - includes
Nurseline 348 $3.05 $3.10 1.64%
Health reimbursement account - per participant
per month 348 Included Included N/A
Stop loss interface* 348 Included Included N/A
Flex – HCA 87 $4.00 $4.00 0.00%
Flex – DCA 12 Included Included N/A
Retiree premium account** 2 $3.75 $3.75 0.00%
Average PEPM:$33.62 $34.12 1.49%
Total annual:$140,404 $142,492 1.49%
*Stop loss interface fee surcharge of $2.10 PEPM applies if stop loss coverage is not placed with an UMR preferred
market. Consult your UMR representative for a list of preferred markets.
**Fee waived for 5 employees and under – per participant per month if 6 employees or over
Other Products and Services Current Renewal
Cost reduction and savings program - percent of savings 30% 30%
ID card mailing charge t employee residence - hard
plastic ID - per mailing $1.90 $1.90
Customer maintained banking - positive pay agreement
annual fee $700.00 $700.00
Ad hoc reports and analysis - per hour (2 hours are
included in the administrative fee per year)$100.00 $100.00
Medstat reporting - additional fees will apply for history
loads Included Included
Medical insured carve-out coordination fee Waived Waived
Claim reprocessing - per claim $25.00 $25.00
Subrogation - percent of recoveries 33% 33%
Customized ID cards - per new card set up $1,000 $1,000
Initial packet mailing Postage only Cost plus postage
Insured transplant coordination fee Waived Waived
Print SPDs - if requested Postage Cost plus postage
City of Coppell Page 2
New York surcharge filing and administration - annual
fee Included Included
Actuarially certified reserve estimate - per report and per
additional breakdown $2,000 and $1,000 $2,000 and $1,000
PBM coordination - Walgreens Included Included
Electronic enrollment data sent to an external vendor -
current arrangement Waived Waived
Run-off claims processing - month one following
termination
Current enrollment X
current medical
administration fee
Current enrollment X
current medical
administration fee
Run-off claims processing - month two following
termination Month one fees less 25% Month one fees less 25%
Run-off claims processing - month three following
termination Month one fees less 50% Month one fees less 50%
Run-off claims processing - months four through six
following termination - flat fee $1,000 $1,000
Run-off claims processing - month seven following
termination - flat fee $500.00 $500.00
City of Coppell Page 3
Optional Products and Services Summary
City of Coppell
Effective: 10/01/2011
All fees shown as PEPM unless noted
Optional Products
Non-incentivized pharmacy rebate fee credit ($6.00)
Incentivized pharmacy rebate fee credit* ($9.00)
COBRA $1.10
HIPAA Certificates of Creditable Coverage $0.25
Dental claims - first year - excludes run-in $2.80
DenteMax - access fee – 348 employees $1.00
COBRA - multiple lines of administration - Dental $0.05
*In order to qualify for incentivized rebates, there must be a minimum of a $20.00 difference in copayment between
preferred and non-preferred branded drugs.
Optional Services
OptumHealth Care Solutions - Centers of Excellence Cost per
transplant basis
Dental U/M - In-house consultant - per review $10.00
Dental U/M - American Dental Examiners (ADE) - per review $28.00
FMLA certification determination, per request $190.00
FMLA re-certification determination, per request $100.00
FMLA minimum monthly billing $100.00
FMLA set-up $3,500
FMLA custom programming, per hour $150.00
FMLA manual history load, per participant $100.00
Initial COBRA letters for new employees letter - PEPM $0.30
City of Coppell Page 4
Pharmacy Benefits – standard pricing
Pharmacy benefits provided through Prescription Solutions. The following fees apply to all
retail network pharmacies with the exception of pharmacies located in states that may elect
to participate on a state fee schedule. Fees assume pharmacy benefits program is not a
discount card program.
Electronic claim adjudication - per claim* $0.00
*An additional $1.75 per claim applies to the electronic per claim fee for paper claims
Retail brand discount, plus dispensing fee AWP (-) 17.75% + $1.50
Retail net effective generic discount, plus dispensing fee AWP (-) 55% + $1.50
Mail order brand discount, plus dispensing fee AWP (-) 24% + $0.00
Mail order net effective discount, plus dispensing fee AWP (-) 68% + $0.00
Retail 90 Rx (optional) brand discount, plus dispensing fee AWP (-) 20% + $2.00
Retail 90 Rx (optional) net effective generic discount, plus dispensing fee AWP (-) 55% + $2.00
Non-incentivized rebate share (retail) - per claim returned to the client $3.00
Non-incentivized rebate share (mail order) - per claim returned to the client $11.00
Incentivized rebate share (retail) - per claim returned to the client* $4.25
Incentivized rebate share (mail order) - per claim returned to the client* $15.00
*In order to qualify for incentivized rebates, there must be a minimum of a $20.00 difference in copayment between
preferred and non-preferred branded drugs. Not available for plans with pharmacy benefit integration.
Prior authorizations - per clinical prior authorization $20.00
Specialty pharmacy program rate - average anticipated discount of 17
percent, plus dispensing fee AWP (-) 5% - 70% + $2.50
Note: Compound dispensing fee of $7.50 applies
City of Coppell Page 5
Product Overview
Dental
Included with claim administration: Available for additional fee:
•Toll-free telephone number
•Coordination with UMR preferred
PBM
•Accept claims directly from the
service provider and/or electronic
data interchange
•Print and distribute standard
explanation of benefits forms
•Standard dental ID cards mailed to
customer location or employee’s
home
•One customized ID card set-up
•Accept standard enrollment for
administered services
•Prepare and deliver an electronic
copy of plan documents, SPDs and
amendments
•Provide plan cost projection –
budget/COBRA rates
•Bill administrative and optional
service fee(s)
•Standard Internet services
•Dedicated toll-free telephone
number
•Additional customized ID cards
•Customized EOBs
•Claims reprocessing (due to plan
holder changes)
•Printing and mailing plan document,
amendments or SPDs
•Provide eligibility data transfers to
outside vendors
•Actuarial certifications
•Subrogation
•Transplant centers of excellence
•Independent dental review
•Run-in/off claim processing
City of Coppell Page 6
COBRA Administration and Retiree Billing
Included with administration: Available for an additional fee:
•COBRA notification letters by
certified mail
•Collect and process monthly
premium payments
•Review disability status for COBRA
extensions
•Send termination and conversion
rights letters
•Billing for outside vendors
•Initial COBRA letters for new hires
HIPAA Administration
Included with administration:Available for an additional fee:
•HIPAA Certificates of Creditable
Coverage
•Full mailing of HIPAA Certificates of
Creditable Coverage upon
termination
Family Medical Leave Act
Included with administration: Available for an additional fee:
•Customer service calls •Customization
•Minimum monthly billing
City of Coppell Page 7
Conditions
•UMR assumes all services provided will be handled according to our standard
format and procedures, unless otherwise specifically addressed within this proposal.
Specialized services will be priced as necessary.
•Fees proposed assume utilization and case management services are provided
through UMR Care Management Services in order to access the UnitedHealthcare
Networks.
•Renewal assumes that the benefit plans will meet the steerage requirements of the
networks proposed or will be changed to meet the requirements.
•Fees proposed are subject to change if a division, subsidiary, affiliated company is
added or deleted from the plan, or if the number of covered employees changes by
15 percent or more from this proposal.
•Fees proposed are based on the plan of benefits as submitted and do not assume
duplication of benefits or provisions. Fees proposed assume a standard PPO plan
design with no referral administration and no primary care physician tracking.
Proposal assumes that the benefit plans will meet the steerage requirements of the
networks proposed or will be changed to meet the requirements, including but not
limited to; deductible, out of pocket, coinsurance and plan limitations. Plan design
changes may impact a Grandfathered Health Plan status. Please review any changes
with your advisor.
•This proposal is valid until the effective date and does not bind coverage or obligate
UMR.
•All quoted product fees assume UMR administers the medical plan.
•To comply with the Department of Labor’s (DOL) claims regulations, we encourage
pre-notification of at least 60 calendar days prior to the effective date of this
contract. In the event that a 60-day notice is not feasible, UMR does not guarantee,
but will make every reasonable effort to have new plan(s) programmed quickly so
claims can be processed within the required DOL timelines.
•Fees proposed assume the plan holder will utilize the UMR internet enrollment
service and/or will send enrollment electronically.
•Claims reprocessing due to situations such as retroactive benefit or eligibility
changes may require additional fees.
•Utilization of non-approved PBM may require additional fees. Please refer to your
UMR contact for approved PBMs.
•Deductible integration of prescription drug and medical claims requires daily
connectivity between the PBM and the plan administrator, and may require
additional fees. External vendors are subject to prior approval.
•Prescription Solutions will retain 100 percent of all pharmaceutical manufacturer
rebates when the rebate fee credit option is selected.
•Fees proposed assume adoption of Prescription Solutions’ formulary and formulary
management services.
•Any reduction in rebates earned by Prescription Solutions as a result of patent
expirations of brand drugs, changes to formulary and/or benefit design, may result
in adjustments to rebate payments, guarantees or administrative fee credits (if
applicable). Reductions are effective the date the reduction is implemented.
City of Coppell Page 8
•UMR and Prescription Solutions reserve the right to revise this proposal if benefit
changes result in the reduction of rebate payments. We reserve the right to
renegotiate, in good faith, rates, fees, guarantees, rebate payments, guarantees and
administrative fee credits (if applicable) if membership or utilization materially
varies from the date of this proposal. Changes may include, but are not limited to:
client’s pharmacy benefit changes and/or other unforeseen market conditions, such
as pharmaceutical manufacturers eliminating or reducing rebate payments and new
legislation or litigation.
•Fees proposed are contingent upon the selection of Prescription Solutions as the
exclusive mail provider. Additional fees apply if another mail provider is selected.
•Pharmacy guarantees are reconciled in the aggregate.
•Generic rates exclude generic drugs during the exclusivity period as granted by the
FDA, typically 180 days.
•For clients with in-house dispensing capabilities or direct purchasing arrangements,
rebate and retail guarantees cannot be provided without further analysis and mutual
agreement.
•Do not cancel in-force plan(s) and/or policy(ies) until final approval is received.
•UMR is not bound by any typographical errors and/or omissions contained herein.
•There is a 60 day notice of new business requirement for FMLA implementation.
•UMR reserves the right to adjust fees in the event of (i) any changes in federal, state
or other applicable law or rules; (ii) changes in plan design required by the
applicable regulatory authority (e.g. mandated benefits) or by the customer; or (iii)
any taxes, surcharges, assessments or similar charges being imposed by a
governmental entity on the plan or UMR.
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:
Human Resources
July 26, 2011
17
✔
CONTRACT/BID or PROPOSAL
Consider approval of awarding a Request for Proposal (RFP) #0105 for the procurement of medical stop loss insurance
to ING in the amount of $265,059.00 and authorizing to City Manager to sign all necessary documents.
Please see attached memorandum.
Funds are budgeted in the Self Insurance Fund for this agreement.
Staff recommends approval.
&ING-1AR
MEMORANDUM
TO: Mayor and City Council
FROM: Vivyon V. Bowman, Director of Administration/Human Resources
DATE: July 8, 2011
SUBJECT: Award of Request for Proposal (RFP) #0105 for Specific and
Aggregate Stop Loss Insurance
Please find the attached the tabulation sheet regarding RFP #0105 for self funded stop
loss and medical/Rx services as reviewed and recommended by the Management
Insurance Committee and Brinson Benefits.
Staff’s recommendation is to renew with our current stop loss carrier, ING. I have
attached ING’s renewal proposal that specifies the our coverage limits of $125,000
specific stop loss deductible per person with a $50,000 aggregating corridor, unlimited
life-time maximum and medical/Rx plan protection for a total annual premium cost of
$ 265,059.00. This renewal premium is savings of $ 48,635.00 over last year’s premium
costs.
15455 Dallas Parkway. Suite 1250 Tel: 972-419-5775
Addison, TX 75001 Fax: 972-419-5781
Clifton Browning
Senior Regional Manager
July 20, 2011
City of Coppell
Purchasing Department
255 Parkway Blvd.
Coppell, TX 75019
Re: RFP 0105: Specific and Aggregate Stop Loss Reinsurance
Excess Risk Insurance, Group No. 66677-7
Dear Purchasing Manager:
We are pleased to provide our renewal offer for the City of Coppell for an effective date
of October 1, 2011.
This renewal is based upon the current leveraged trend factors, market conditions, plan
designs and current demographic factors. The aggregate renewal is based upon the
experience of the group and current trend. Any plan changes may affect this renewal and
need to be disclosed prior to the renewal acceptance. Please have this renewal form
signed and returned to me.
ING Employee Benefits is dedicated to providing innovative products, competitive
pricing and exceptional customer service. Our broad portfolio is designed to meet
employer needs through our employer paid products and employee needs through our
voluntary worksite products. If we can assist with any additional products, please contact
me.
Thank you for your continued business with ING Employee Benefits.
Sincerely,
Clifton Browning
Clifton Browning
Senior Regional Manager
Page 1 of 3
Page 2 of 3
Excess Risk Renewal Proposal
City of Coppell
Group Policy Number: 66677-7
Effective: October 1, 2011
Individual Excess Risk Insurance:
Current Plan
Renewal
Option 1
Covered Benefits Medical & Rx Medical & Rx
Claim Basis Paid in 12 months
and incurred 10/1/08
of after
Paid in 12 months
and incurred
10/1/08 of after
Specific Deductible
$110,000
$125,000
Aggregating Deductible $50,000 $50,000
Annual Maximum Unlimited Unlimited
Lifetime Maximum Unlimited Unlimited
Employee Rate: $ 39.70 $ 37.73
Dependent Rate: $ 72.00 $ 49.20
EE + Family Rate: $111.70 $ 86.93
Est. Annual Premium: $296,606 $247,971
Average No. of EES 356 356
Dependent Units 147 147
ACCEPTANCE:
Aggregate Excess Risk Insurance:
Updated 7.20.11
Current Plan
Renewal
Option 1
Covered Benefits Medical & Rx Medical & Rx
Annual Maximum $1,000,000 $1,000,000
Expected Claims Rate $626.82 $684.77
Aggregate Corridor 125% 125%
Aggregate Factor $783.53 $855.96
Aggregate Premium: $4.00 $4.00
Page 3 of 3
Additional Renewal Assumptions
Commissions Net
TPA UMR
Managed Care Network UHC
Rate Guarantee 1 year
Lasers NONE
New Disclosure Agreement required Yes*
* In addition to the standard disclosure data, ING will require the following information
be provided due to changes brought about by the federal health care reform legislation.
(a) Any individual who had previously reached his or her lifetime maximum limit on the
dollar value of the medical coverage, but may be reinstated because federal rules have
eliminated the lifetime maximum cap.
(b) Any individual dependent under age 26 who was previously covered and may be
added back on the plan and amassed claims exceeding 50% of the current stop loss
deductible.
In order for ING Employee Benefits to process this renewal in a timely manner, please
check the appropriate acceptance box on the preceding page, sign below and return the
completed form to me. A broker’s or consultant’s signature is satisfactory if there are no
changes to the current plan.
This form only acknowledges acceptance of the renewal rates and factors.
Amendments may need to be signed by the policyholder for any changes to the
current contract and will be sent after acceptance of the renewal.
___________________________________________ ______________________
Authorized Signature Date
___________________________________________ ______________________
Print Name Title
WORK SESSION CONSENT REGULAR
DEPT:
DATE:
ITEM #:
AGENDA REQUEST FORM
ITEM TYPE:
ITEM CAPTION:
GOAL(S):
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL:
City Manager
July 26, 2011
18
✔
RESOLUTION
Consider approval of a resolution authorizing the Mayor and/or City Manager to execute the appropriate funding to
the Community Development Block Grant Funds Agreement with Dallas County, Texas, for fiscal years 2012, 2013 and
2014.
Staff recommends approval.
!CDBG-1AR
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, AUTHORIZING THE MAYOR AND/OR CITY MANAGER TO
EXECUTE THE APPROPRIATE FUNDING TO THE COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS AGREEMENT WITH DALLAS
COUNTY, TEXAS, FOR FISCAL YEARS 2012, 2013 and 2014; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the 93rd Session of the Congress passed, and the President of the United
States signed into law, the Housing and Community Development Act of 1974 (PL93-383) which
created the Urban County Community Development Block Grant (CDBG) program; and
WHEREAS, Dallas County, Texas is applying to the U.S. Department of Housing and
Urban Development for Urban County CDBG entitlement status; and
WHEREAS, in order to qualify for this status, Dallas County must enter into cooperative
agreements with local governments and have the collective population of the County’s
unincorporated area and the participating local governments total at least 100,000 people; and
WHEREAS, Texas cities and counties are authorized under Chapter 373, Local
Government Code, and Section 381.003, Local Government Code, to conduct essential Housing
and Community Development activities; and
WHEREAS, Texas cities and counties are authorized under Chapter 791, Government
Code, to enter into cooperative agreements with one another.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That the City of Coppell, Texas, supports the efforts of Dallas County,
Texas to qualify for the Urban County CDBG Program and asks that the City of Coppell’s
population be included in such program for Federal Fiscal Years 2012, 2013 and 2014.
SECTION 2. The City hereby authorizes the Mayor and/or City Manager to execute an
Agreement of Cooperation for the CDBG/HOME Program, which is attached hereto and
incorporated herein as Exhibit A, between the City of Coppell and Dallas County.
SECTION 3. This Resolution shall become effective immediately from and after its
passage and it is accordingly so resolved.
DULY PASSED by the City Council of the City of Coppell, Texas this 26th day of July,
2011.
CITY OF COPPELL, TEXAS
______________________________
Douglas N. Stover, Mayor
ATTEST:
_______________________________
Christel Pettinos, City Secretary
APPROVED AS TO FORM:
_______________________________
Robert E. Hager, City Attorney
AGENDA REQUEST FORM DATE: July 26, 2011
ITEM #: 19
CITY MANAGER'S REPORT
A. Project Update and Future Agendas.
Agenda Request Form - Revised 09/027 Document Name: %manrep
DATE: July 26, 2011
ITEM #: 20
AGENDA REQUEST FORM
MAYOR AND COUNCIL REPORTS
A. Report by Mayor Stover regarding the Summer Music Series in
August.
Agenda Request Form - Revised 09/02 Document Name: %mayorreport
AGENDA REQUEST FORM DATE: July 26, 2011
ITEM #: 21
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: July 26, 2011
ITEM #: 22
COUNCIL COMMITTEE REPORTS
A. Carrollton/Farmers Branch ISD/Lewisville ISD – Tunnell.
B. Coppell ISD – Mahalik and Hinojosa-Flores.
C. Coppell Seniors – Brancheau and Faught.
D. Dallas Regional Mobility Coalition –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.
K. North Texas Commission – Hunt.
L. Senior Adult Services – Franklin.
Agenda Request Form - Revised 11/09 Document Name: %ccommreport
AGENDA REQUEST FORM
DATE: July 26, 2011
ITEM #: 23
NECESSARY ACTION RESULTING FROM EXECUTIVE SESSION
Agenda Request Form - Revised 09/02 Document Name: %necessaryactionexec
CERTIFICATE OF AGENDA ITEM SUBMISSION
Council Meeting Date: July 26, 2011
Department Submissions:
Items No. 7 were placed on the Agenda for the above-referenced City
Council meeting by the Fire Department. I have reviewed the Agenda
Requests (and any backup if applicable) and hereby submit these items to
the City Council for consideration.
____________________
Fire Department
Items No. 14 and 15 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
Items No. 16 and 17 were placed on the Agenda for the above-referenced
City Council meeting by the Human Resources Department. I have
reviewed the Agenda Requests (and any backup if applicable) and hereby
submit these items to the City Council for consideration.
____________________
Human Resources Department
CERTIFICATE OF AGENDA ITEM SUBMISSION
Council Meeting Date: July 26, 2011
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)