CP 2012-05-22City Council
City of Coppell, Texas
Meeting Agenda
255 Parkway Boulevard
Coppell, Texas
75019-9478
Council Chambers5:30 PMTuesday, May 22, 2012
DOUG STOVER MARSHA TUNNELL
Mayor Mayor Pro Tem
TIM BRANCHEAU BILLY FAUGHT
Place 1 Place 5
BOB MAHALIK MARVIN FRANKLIN
Place 2 Place 6
BRIANNA HINOJOSA-FLORES KAREN HUNT
Place 3 Place 7
CLAY PHILLIPS
City Manager
Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular
Called Session 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:
1.Call to Order
2.Executive Session (Closed to the Public) 1st Floor Conference Room
Section 551.071, Texas Government Code - Consultation with City Attorney.
A.Consultation with the City Attorney in regards to Cause Number
05-10-00283-CV, styled Mira Mar Development Corporation v. City of
Coppell, Texas.
Page 1 City of Coppell, Texas Printed on 5/19/2012
May 22, 2012City Council Meeting Agenda
Section 551.072, Texas Government Code - Deliberation regarding Real Property.
B.Discussion regarding property acquisition concerning the property
located at east of Denton Tap Road and north of Sandy Lake Road.
C.Discussion regarding Economic Development prospects north of Bethel
Road and east of South Coppell Road.
3.Work Session (Open to the Public) 1st Floor Conference Room
A.Discussion regarding appointment of Mayor Pro Tem as required by
Section 3.05 of the Home Rule Charter.
B.Discussion regarding board vacancies due to recent elections.
C.Presentation on the reconsideration of Terry Holmes’ monument
sign.
D.Discussion regarding appointment to the Regional Transportation
Council for a two-year term.
E.Discussion regarding the City Council Retreat.
F.Discussion of Agenda Items.
RECEPTION IN ATRIUM FROM 6:30 P.M. TO 7:30 P.M.
Regular Session (Open to the Public)
4.Invocation 7:30 p.m.
5.Pledge of Allegiance
6.Consider approval of accepting the resignation of Gary Roden from the
Economic Development Committee.
Gary Roden Resignation Letter.pdfAttachments:
7.Consider approval of accepting the resignation of Aaron Duncan from
the Planning and Zoning Commission.
Aaron Duncan Resignation Letter.pdfAttachments:
8.Canvass returns of the May 12, 2012 General and Special Municipal
Elections, approval of an order declaring the results of said election; and
authorizing the Mayor to sign.
Canvass Resolution.pdfAttachments:
9.Swearing in of Councilmembers Place 2, 4, 6, 7 & Mayor.
Page 2 City of Coppell, Texas Printed on 5/19/2012
May 22, 2012City Council Meeting Agenda
10.Consider appointment of Mayor Pro Tem as required by Section 3.05 of
the Home Rule Charter.
11.Consider approval of a proclamation honoring Cindy Warner for her
years of service on the Coppell Independent School District Board of
Trustees, and authorizing the Mayor to sign.
Proclamation CISD Board Warner.pdfAttachments:
12.Consider approval of a proclamation honoring Bennett Ratliff for his
years of service on the Coppell Independent School District Board of
Trustees, and authorizing the Mayor to sign.
Proclamation CISD Board Ratliff.pdfAttachments:
13.Report by Park and Recreation Board.
14.Citizens’ Appearance
15.Consent Agenda
A.Consider approval of a Resolution denying the request by Atmos Energy
Corp., Mid-Tex Division to increase gas utility rates within the City of
Coppell, providing for notice hereof to said company and authorizing the
Mayor to sign.
Staff Report.Denial Resolution 5.2.12.pdf
Memo.Denial Resolution 5.2.12.pdf
Denial Resolution.Atmos 5.2.12.pdf
Denial Resolution.Exhibit A 5.2.12.pdf
Attachments:
B.Consider approval of minutes: May 8, 2012.
Minutes for May 8, 2012.pdfAttachments:
End of Consent Agenda
16.Consider approval of Change Order Number 5 to the Old Town Coppell
and Bethel Road Infrastructure Improvements (ST10-02) project in the
amount of $252,421.09 with JRJ Paving, LP; as provided for in CIP
funds; and authorizing the City Manager to sign and execute all
necessary documents.
Old Town Change Order #5 Memo.pdf
Old Town Change Order #5 Exhibit.pdf
Old Town Change Order #5.pdf
Attachments:
17.Consider approval of Supplemental Agreement No. 3 to the Treated
Water Contract between City of Coppell and the City of Dallas; and
authorizing the City Manager to sign and execute any necessary
documents.
Page 3 City of Coppell, Texas Printed on 5/19/2012
May 22, 2012City Council Meeting Agenda
North Lake Supplemental Agreement No 3 Memo.pdf
Supplemental Agreement No. 3.pdf
Attachments:
18.Consider approval of an agreement with the Coppell Kid Country
Playground Association, for the improvements of Kid Country
Playground, and authorizing the Mayor to sign.
Staff Memo.pdf
Agreement.pdf
Attachments:
19.Consider approval of a Resolution calling for a run-off in the Special
Municipal Election for Councilmember Place 3 for Saturday, June 23,
2012; authorizing the City Manager to enter into and sign a Joint
Election Agreement and Election Service Contract with Dallas County
Elections Department for conducting the Municipal Election; and
authorizing the Mayor to sign.
A considerarse la aprobación de una resolución para convocar una
Elección Municipal Especial en su segunda vuelta para elegir al
Concejal que ocupará el escaño 3, a celebrarse el sábado 23 de junio
de 2012; autorizar al Regente de la Ciudad a convenir y firmar un
Convenio de Elecciones Conjuntas, y un Contrato de Servicios
Electorales con el Departamento Electoral del Condado de Dallas para
ejercerse la Elección Municipal, así como autorizar a que el Alcalde
inscriba su firma.
Run-off Resolution (English).pdf
Run-off Resolution (Spanish).pdf
Attachments:
20.City Manager Reports
Project Updates and Future Agendas
21.Mayor and Council Reports
Report by Mayor Hunt regarding the Coppell Aquatic and Recreation
Center Grand Re-Opening Event on May 26th.
22.Public Service Announcements concerning items of community interest and no
Council action or deliberation is permitted.
23.Necessary Action from Executive Session
Adjournment
________________________
Douglas N. Stover, Mayor
Page 4 City of Coppell, Texas Printed on 5/19/2012
May 22, 2012City Council Meeting Agenda
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 this18th day of May, 2012, at _____________.
______________________________
Christel Pettinos, City Secretary
PUBLIC NOTICE - 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 makes 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).
Page 5 City of Coppell, Texas Printed on 5/19/2012
___________________________________
Canvass of Returns and Declaration of
Results of Election - Page 1
RESOLUTION NO. ___________
MUNICIPAL ELECTION
Coppell, Texas
May 12, 2012
CANVASS OF RETURNS AND DECLARATION OF
RESULTS OF THE GENERAL AND SPECIAL MUNICIPAL ELECTION
BE IT REMEMBERED THAT on this the 22nd day of May, 2012, at a meeting of the
City Council of the City of Coppell, Texas, a quorum, pursuant to § 67.004(a) of the TEXAS
ELECTION CODE, being present, the meeting was called to order and the following business was
transacted.
Upon motion it was unanimously ordered that the City Council consider the official
returns of the general municipal election held in the City on May 12, 2012, for the election of
one Councilmember for Place 2, one Councilmember for Place 4, one Councilmember for Place
6 and one Councilmember for Mayor; and for the special election of one Councilmember Place 3
and one Councilmember for Place 7.
WHEREUPON said official returns were opened, examined, canvassed and the results
declared as follows:
CANVASS OF RETURNS AND DECLARATION OF RESULTS
WHEREAS, heretofore, the City Council of the City of Coppell, Texas, called a
municipal election under the TEXAS ELECTION CODE to be held in the City on May 12, 2012, to
elect one Councilmember for Place 2, one Councilmember for Place 4, one Councilmember for
Place 6, and one Councilmember for Mayor;
___________________________________
Canvass of Returns and Declaration of
Results of Election - Page 2
WHEREAS, heretofore, the City Council of the City of Coppell, Texas, called a special
election under the TEXAS ELECTION CODE to be held in the City on May 12, 2012, to fill the
unexpired term for one Councilmember in Place 3 and one Councilmember in Place 7.
WHEREAS, immediately after said election the Presiding Judge and other officials
holding said election made their returns of the results thereof to the City Council as follows, and
said returns being made according to law, and duly authenticated, and it being shown that written
notice of said elections were posted for the time and in the manner provided by law, and all other
proceedings pertaining to said election having been shown to have been done and performed at
and within the manner provided by law, and all papers pertaining thereto having been returned
and filed with the City Council and no protest or objection being made to or regarding any matter
pertaining to said election.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Coppell,
Texas, after examining said returns and opening and canvassing the votes of said election, that
the results of said general election are as follows:
That the following number of votes were cast for the following named candidate for the
office of Councilmember Place 2, to wit:
NAME EARLY ELECTION DAY TOTAL
VOTES VOTES VOTES
Bob Mahalik 1,139 999 2,139
It appearing that Bob Mahalik received a majority of all votes cast for the office of
Councilmember Place 2, Bob Mahalik is hereby declared to be elected to serve a three-year term
after qualifying.
That the following number of votes were cast for the following named candidate for the
office of Councilmember Place 4, to wit:
___________________________________
Canvass of Returns and Declaration of
Results of Election - Page 3
NAME EARLY ELECTION DAY TOTAL
VOTES VOTES VOTES
Davin Bernstein 431 434 865
Gary Roden 911 852 1,764
It appearing that Gary Roden received a majority of all votes cast for the office of
Councilmember Place 4, Gary Roden is hereby declared to be elected to serve a three-year term
after qualifying.
That the following number of votes were cast for the following named candidate for the
office of Councilmember Place 6, to wit:
NAME EARLY ELECTION DAY TOTAL
VOTES VOTES VOTES
Marvin Franklin 1,118 991 2,110
It appearing that Marvin Franklin received a majority of all votes cast for the office of
Councilmember Place 6, Marvin Franklin is hereby declared to be elected to serve a three-year
term after qualifying.
That the following number of votes were cast for the following named candidate for the
office of Mayor, to wit:
NAME EARLY ELECTION DAY TOTAL
VOTES VOTES VOTES
Karen Hunt 772 815 1,587
Marsha Tunnell 683 627 1,311
It appearing that Karen Hunt received a majority of all votes cast for the office of Mayor,
Karen Hunt is hereby declared to be elected to serve a three-year term after qualifying.
___________________________________
Canvass of Returns and Declaration of
Results of Election - Page 4
BE IT ALSO RESOLVED by the City Council of the City of Coppell, Texas, after
examining said returns and opening and canvassing the votes of a special election to fill the
unexpired terms for Place 3 and 7, that the results of said special election are as follows:
That the following number of votes were cast for the following named candidates for the
unexpired term of the office of Councilmember Place 7, to wit:
NAME EARLY ELECTION DAY TOTAL
VOTES VOTES VOTES
Aaron Duncan 1,114 1,012 2,127
It appearing that Aaron Duncan received a majority of all votes cast for the office of
Councilmember Place 7, Aaron Duncan is hereby declared to be elected to serve the remainder
of the unexpired term after qualifying.
That the following number of votes were cast for the following named candidate for the
office of Councilmember Place 3, to wit:
NAME EARLY ELECTION DAY TOTAL
VOTES VOTES VOTES
Greg Garcia 537 438 975
Wes Mays 522 540 1,062
Margaret Lucyk 101 73 174
Mahesh Guduru 207 209 416
It appearing that Greg Garcia and Wes Mays received the most votes, but less than a
majority of all votes cast for the office of Councilmember Place 3; and, being that no candidate
having received a majority of votes, a run-off is hereby declared, which shall be held on June 23,
2012.
IT IS FURTHER RESOLVED that this canvass and declaration of results of said
election shall be entered in the Minutes of the City Council and that said officers, being so elected
___________________________________
Canvass of Returns and Declaration of
Results of Election - Page 5
after being qualified and having taken the oath, shall serve during the term commencing May 2012
and thereafter until a successor is duly elected and qualified.
This Resolution, declaring the results of the municipal elections shall become effective
immediately after its passage.
DULY PASSED by the City Council of the City of Coppell, Texas, this the 22nd day of
May, 2012.
APPROVED:
DOUGLAS N. STOVER, MAYOR
ATTEST:
CHRISTEL PETTINOS, CITY SECRETARY
APPROVED AS TO FORM:
ROBERT E. HAGER, CITY ATTORNEY
PROCLAMATION
WHEREAS, Cindy Warner has served the Coppell community on the Board of Trustees for Coppell
Independent School District since May 2000; and
WHEREAS, during that time CISD opened its second high school, New Tech High @ Coppell with
two grade levels – 9th and 10th; and
WHEREAS, CISD achieved the following awards and ratings:
● a “Recognized” state accountability rating for 2010-2011 school year and an “Exemplary” state
accountability rating for 2009-2010 school year from the Texas Education Agency, and
● all Coppell ISD campuses and the district met AYP (Adequate Yearly Progress) on all indicators for
the No Child Left Behind Act, and
● CISD is ranked highly in Texas in Gold Performance Acknowledgements (GPAs) receiving 10 in
2010, and
● for the ninth year in a row, CISD has received Superior Achievement rating based answering “yes” to
each of the 22 indicators included in the Financial Integrity Rating System of Texas (FIRST) program; and
● Coppell High School, Coppell Middle School North, Coppell Middle School West, Denton Creek
Elementary, Lakeside Elementary, and Wilson Elementary made the Texas Business Education Coalition’s 2009
Honor Roll. Less than 4% of Texas public schools receive this honor; and
WHEREAS, Cindy has earned Master Trustee designation in 2003, served as a member of the North
Texas Area Association of School Boards, and served as a member of the Grassroots Advocacy Network and
Legislative Advisory Council; and
WHEREAS, through Cindy Warner’s dedication, self-sacrifice, and commitment to his community,
Coppell schools have excelled through the expansion of student programs and participation in activities that
garnered recognition and top honors throughout the Metroplex, state and national level; and
NOW, THEREFORE, I, Karen Hunt, Mayor of the city of Coppell, on behalf of the City Council,
hereby extend our sincere thanks and appreciation to Cindy Warner for her efforts to sustain a cooperative
relationship between the CISD and the City of Coppell so our community will continue to be a location of
choice for people wanting to raise a family.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this
22nd day of May 2012.
__________________________________
Karen Selbo Hunt, Mayor
ATTEST:
___________________________
Christel Pettinos, City Secretary
PROCLAMATION
WHEREAS, Bennett Ratliff has served the Coppell community on the Board of Trustees for Coppell
Independent School District since May 2003; and
WHEREAS, during that time CISD opened its second high school, New Tech High @ Coppell with
two grade levels – 9th and 10th; and
WHEREAS, CISD achieved the following awards and ratings:
● a “Recognized” state accountability rating for 2010-2011 school year and an “Exemplary” state
accountability rating for 2009-2010 school year from the Texas Education Agency, and
● all Coppell ISD campuses and the district met AYP (Adequate Yearly Progress) on all indicators for
the No Child Left Behind Act, and
● CISD is ranked highly in Texas in Gold Performance Acknowledgements (GPAs) receiving 10 in
2010, and
● for the ninth year in a row, CISD has received Superior Achievement rating based answering “yes” to
each of the 22 indicators included in the Financial Integrity Rating System of Texas (FIRST) program; and
● Coppell High School, Coppell Middle School North, Coppell Middle School West, Denton Creek
Elementary, Lakeside Elementary, and Wilson Elementary made the Texas Business Education Coalition’s 2009
Honor Roll. Less than 4% of Texas public schools receive this honor; and
WHEREAS, Bennett has served as a member of the North Texas Area Association of School Boards
and as a member of the Grassroots Advocacy Network; and
WHEREAS, through Bennett Ratliff’s dedication, self-sacrifice, and commitment to his community,
Coppell schools have excelled through the expansion of student programs and participation in activities that
garnered recognition and top honors throughout the Metroplex, state and national level; and
NOW, THEREFORE, I, Karen Hunt, Mayor of the city of Coppell, on behalf of the City Council,
hereby extend our sincere thanks and appreciation to Bennett Ratliff for his efforts to sustain a cooperative
relationship between the CISD and the City of Coppell so our community will continue to be a location of
choice for people wanting to raise a family.
IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this
22nd day of May 2012.
__________________________________
Karen Selbo Hunt, Mayor
ATTEST:
___________________________
Christel Pettinos, City Secretary
2056490.1
STAFF REPORT SUPPORTING RESOLUTION DENYING ATMOS
MID-TEX’S PROPOSED RATE INCREASE
The City, along with over 150 other cities served by Atmos Energy Corp., Mid-Tex
Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering
Committee (“ACSC” or “Steering Committee”). On or about January 31, 2012, Atmos Mid -Tex
filed with the City a Statement of Intent to increase rates within the City.
Background
In 2003, TXU Gas filed a statewide rate case which became known at the Railroad
Commission of Texas (“RRC”) as Gas Utilities Docket (“GUD”) No. 9400. That same year the
Texas Legislature passed legislation referred to as the Gas Reliability Infrastructure Program
(“GRIP”) which authorized annual piecemeal rate reviews that Texas courts have concluded
significantly restrict city jurisdiction, participation, and input. Shortly after GUD No. 9400 was
decided in 2004, Atmos Energy purchased TXU Gas and created what is known as Atmos
Energy Corp., Mid-Tex Division. The City is within the Atmos Mid-Tex Division.
Atmos Mid-Tex filed four GRIP cases before filing a traditional rate case in September,
2007. As part of ACSC’s Settlement Agreement with Atmos of the 2007 rate case, ACSC and
Atmos created a substitute process for annual piecemeal GRIP cases. That substitute process
was called a Rate Review Mechanism (“RRM”) and was intended as an expedited but
comprehensive rate review that included a number of fixed values and constraints. The RRM
was intended as a three-year experiment. Last year, it was extended for a fourth year with some
slight modifications to the original formulas. ACSC negotiated with Atmos in the final quarter
of last year to further extend the RRM process, but no agreement was reached. Atmos has
expressed a desire to reach a settlement of the January 31, 2012 filing that includes a revised
RRM process.
Discussion and Purpose
Atmos Mid-Tex filed a Statement of Intent on January 31, 2012, seeking to increase
system-wide base rates (which exclude the cost of gas) by approximately $49 million or 11.94%.
However, the Company is requesting an increase of 13.6%, excluding gas costs, for its
residential customers. Additionally, the application would change the way that rates are
collected, by increasing the residential fixed-monthly (or customer) charge from $7.50 to $18.00
and decreasing the consumption charge from $0.25 per 100 cubic feet (“ccf”) to $0.07 per ccf.
ACSC engaged attorneys and consultants to review Atmos Mid-Tex’s proposed rate
increase. Additionally, the ACSC cities passed suspension resolutions earlier this year,
extending the effective date of Atmos Mid-Tex’s proposed rate increase to June 4, 2012, in order
to permit the cities time to review Atmos Mid-Tex’s Statement of Intent. During their review,
ACSC’s consultants found justification that Mid-Tex’s rates should be decreased. On April 25,
2012, the Company extended the effective date of its proposed rate change, which similarly
extended cities’ jurisdictional deadline to June 11, 2012.
2056490.1
ACSC and the Company have engaged in some settlement discussions but have not yet
reached agreement. ACSC is hoping to achieve settlement with the Company in order to
perpetuate the RRM process. The ACSC Settlement Committee therefore recommends denial of
the Company’s proposed rate increase rather than a rate decrease to facilitate further settlement
discussions. The resolution prevents the Company’s proposed rates from automatically going
into effect on June 11. The Company has expressed a desire for settlement while an appeal from
the cities’ denial of the rate increase is pending at the RRC. Should a settlement be reached, the
City may be required to pass an ordinance setting new rates pursuant to the settlement.
The purpose of the resolution is to deny Atmos Mid-Tex’s proposed rate increase
pending further settlement discussions and to prevent Atmos’ proposed rate increase from
automatically taking effect on June 11, 2012.
Explanation of “Be It Resolved Paragraphs”
Section 1. The paragraph denies the Company’s proposed rate increase.
Section 2. This provision provides that the Company shall continue to charge its
existing rates to its customers within the City.
Section 3. By law, the Company must reimburse the cities for their reasonable rate
case expenses. Legal counsel and consultants approved by ACSC will present their invoices to
the City of Arlington which will then seek reimbursement from Atmos Mid-Tex. The City will
not incur liability for payment of rate case expenses by adopting a denial resolution.
Section 4. This section merely recites that the resolution was passed at a meeting that
was open to the public and that the consideration of the resolution was properly noticed.
Section 5. This section provides that both Atmos Mid-Tex’s designated
representative and counsel for ACSC will be notified of the City’s action by sending a copy of
the approved and signed resolution to certain designated individuals.
Recommendation
The City Staff recommends adoption of the resolution denying Atmos Mid-Tex’s
proposed rate increase.
2557/17/2056489
816 Congress Avenue, Suite 1900
Austin, Texas 78701
Telephone: (512) 322-5800
Facsimile: (512) 472-0532
www.lglawfirm.com
Mr. Gay’s Direct Line: (512) 322-5875
Email: ggay@lglawfirm.com
M E M O R A N D U M
TO: Atmos Cities Steering Committee Members
FROM: Geoffrey M. Gay
Georgia Crump
Eileen McPhee
DATE: April 30, 2012
RE: Denial Resolution For Atmos Mid-Tex’s Requested Rate Increase
Background on Atmos Mid-Tex Rate Case
On January 31, 2012, Atmos Energy Corporation, Mid-Tex Division (“Atmos Mid-Tex”
or “Company”) filed with Atmos Cities Steering Committee (“ACSC”) city members that
exercise original jurisdiction a request for a rate increase in excess of $49 million. ACSC
members passed resolutions suspending the effective date of the proposed increase to allow
ACSC attorneys and consultants to study the request. A summary of the consultants’ findings is
attached as Exhibit A. The ACSC Settlement Committee has met with Company officials to
negotiate a settlement. While ACSC has given the Company a settlement offer, Atmos Mid-Tex
does not want to provide a written offer before the expiration of city jurisdi ction on June 11,
2012.
Timing of City Action
ACSC members with original jurisdiction suspended the proposed effective date of
March 6, 2012, extending city jurisdiction until June 4, 2012. On April 25, 2012, the Company
extended its effective date by a week, which similarly extended the June 4, 2012 deadline to June
11, 2012. It does not appear that settlement could be achieved within a time frame that would
allow the City to take action prior to June 11, 2012. Thus, ACSC members are encouraged to
pass a denial resolution. Atmos Mid-Tex has promised to support the action which does not
preclude a subsequent settlement. If settlement is achieved, ACSC will return to member cities
with a request for approval of the settlement.
April 30, 2012
Page 2
2056489.1
Recommendation and Explanation of Denial Resolution
The ACSC Settlement Committee recommends the ACSC cities pass resolutions denying
Atmos Mid-Tex’s proposed rate increase. The denial resolution will prevent the Company’s
proposed rate increase from automatically taking effect on June 11, 2012, and allow more time to
engage in settlement discussions. Atmos will appeal your denial to the Railroad Commission
which will trigger a 185-day time frame for action by the Commission. Settlement will
hopefully occur before a hearing takes place. Please contact Geoffrey Gay if you have any
questions or concerns.
2070343.1 1
RESOLUTION NO. ____________________
RESOLUTION OF THE CITY OF CITY OF COPPELL
DENYING ATMOS ENERGY CORP., MID-TEX
DIVISION’S (“ATMOS MID-TEX”) REQUESTED RATE
CHANGE; REQUIRING THE COMPANY TO REIMBURSE
THE CITY’S REASONABLE RATEMAKING EXPENSES;
FINDING THAT THE MEETING AT WHICH THIS
RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS
REQUIRED BY LAW; REQUIRING NOTICE OF THIS
RESOLUTION TO THE COMPANY AND ACSC’S LEGAL
COUNSEL
WHEREAS, the City of Coppell, Texas (“City”) is a gas utility customer of Atmos
Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), and is a regulatory
authority under the Gas Utility Regulatory Act (“GURA”) and under Chapter 104, §104.001 et
seq. of GURA, has exclusive original jurisdiction over Atmos Mid-Tex’s rates, operations, and
services within the City; and
WHEREAS, the City is a member of the Atmos Cities Steering Committee (“ACSC”), a
coalition of over 150 similarly situated cities served by the Company that have joined together to
facilitate the review and response to natural gas issues affecting rates charged in the Atmos Mid-
Tex Division; and
WHEREAS, pursuant to the terms of the agreement settling the Company’s 2007
Statement of Intent to increase rates, ACSC and the Company worked collectively to develop a
Rate Review Mechanism (“RRM”) tariff that allows for an expedited rate review process
controlled in a three-year experiment by ACSC as a substitute to the current GRIP process
instituted by the Legislature; and
WHEREAS, ACSC and the Company agreed to extend the RRM process in reaching a
settlement in 2010 on the third RRM filing; and
WHEREAS, in 2011, ACSC and the Company engaged in good faith negotiations
regarding the continuation of the RRM process, but were unable to come to ultimate agreement;
and
WHEREAS, on or about January 31, 2012, the Company filed a Statement of Intent with
the cities retaining original jurisdiction within its Mid-Tex service division to increase rates by
approximately $49 million; and
WHEREAS, Atmos Mid-Tex proposed March 6, 2012, as the effective date for its
requested increase in rates; and
2070343.1 2
WHEREAS, the City suspended the effective date of Atmos Mid-Tex’s proposed rate
increase for the maximum period allowed by law and thus extended the City’s jurisdiction until
June 4, 2012; and
WHEREAS, on April 25, 2012, the Company extended the effective date for its proposed
rates by one week, which similarly extended the City’s jurisdiction until June 11, 2012; and
WHEREAS, the ACSC Executive Committee hired and directed legal counsel and
consultants to prepare a common response to the Company’s requested rate increase and to
negotiate with the Company and direct any necessary litigation; and
WHEREAS, ACSC’s consultants conducted a review of the Company’s requested rate
increase and found justification that the Company’s rates should be decreased; and
WHEREAS, ACSC and the Company have engaged in settlement discussions but will be
unable according to Company representations to reach settlement in sufficient time for cities to
act before June 11, 2012; and
WHEREAS, failure by ACSC members to take action before June 11, 2012 would allow
the Company the right to impose its full request on residents of said ACSC members; and
WHEREAS, the ACSC Settlement Committee recommends denial of the Company’s
proposed rate increase in order to continue settlement discussions pending the Company’s appeal
of cities’ denials to the Railroad Commission of Texas; and
WHEREAS, the GURA § 103.022 provides that costs incurred by cities in ratemaking
activities are to be reimbursed by the regulated utility.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
1. That the rates proposed by Atmos Mid-Tex to be recovered through its gas rates
charged to customers located within the City limits, are hereby found to be unreasonable and
shall be denied.
2. That the Company shall continue to charge its existing rates to customers within
the City and that said existing rates are reasonable.
3. That the City’s reasonable rate case expenses shall be reimbursed by the
Company.
4. That it is hereby officially found and determined that the meeting at which this
Resolution is passed is open to the public as required by law and the public notice of the time,
place, and purpose of said meeting was given as required.
2070343.1 3
5. A copy of this Resolution shall be sent to Atmos Mid-Tex, care of David Park,
Vice President Rates & Regulatory Affairs, at Atmos Energy Corporation, Mid-Tex Division,
5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to
ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-
1725.
PASSED AND APPROVED this __________ day of ___________________, 2012.
_________________________________
Karen Selbo Hunt, Mayor
ATTEST:
__________________________________
Christel Pettinos, City Secretary
APPROVED AS TO FORM:
___________________________________
City Attorney
2070345.1
Exhibit A
ACSC Consultants’ Recommended Adjustments to Atmos Mid-Tex’s 2012 Statement of Intent
to Increase Rates1
Following a review of the Company’s 2012 Statement of Intent, ACSC consultants found
justification for an approximately $77 million decrease to the Company’s requested revenue,
resulting in a $23 million decrease to the current rates charged by Atmos Mid-Tex. ACSC
consultants’ recommendation for a rate decrease is based upon the following major components:2
Lowering the Company’s return on equity from 10.9% to 9.5%, resulting in a revenue
requirement decrease of over $30 million
Removing the Company’s improper post-test year adjustment to add plant from January
to March 2012, resulting in a revenue requirement decrease of approximately $5 million
Removing the Company’s proposal for an energy efficiency plan to be funded only by
ratepayers, resulting in a revenue requirement decrease of over $1 million
Various adjustments to accumulated deferred income tax, resulting in a revenue
requirement decrease of approximately $10 million
Recognizing new depreciation rates as filed by the Company (without adjustment by
ACSC consultants), resulting in a revenue requirement decrease of approximately $15
million
Various adjustments to the Company’s requested level of operating and maintenance
(O&M) expense, resulting in a revenue requirement decrease of over $8 million
Reducing rate base to account for ratepayer supplied funds relating to other post-
employment benefits (FASB 106), resulting in a revenue requirement decrease of over
$8 million
Cap residential customer charge at $9.00, instead of Atmos’ requested $18.00.
1 All figures are adjustments resulting in a revenue requirement impact to Atmos’ filed case system-wide. Factoring
out Dallas, the ACSC cities would see slight decreases in the numbers listed above.
2 Please note that the adjustments listed are on a stand-alone basis, and may have a different impact when combined
with the other adjustments.
255 Parkway Boulevard
Coppell, Texas 75019-9478City of Coppell, Texas
Minutes - Draft
City Council
5:30 PM Council ChambersTuesday, May 8, 2012
DOUG STOVER MARSHA TUNNELL
Mayor Mayor Pro Tem
TIM BRANCHEAU BILLY FAUGHT
Place 1 Place 5
BOB MAHALIK MARVIN FRANKLIN
Place 2 Place 6
BRIANNA HINOJOSA-FLORES KAREN HUNT
Place 3 Place 7
CLAY PHILLIPS
City Manager
Also present were City Manager Clay Phillips, City Secretary Christel Pettinos and City
Attorney Robert Hager.
The City Council of the City of Coppell met in Regular Called Session on Tuesday, May
8, 2012, at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway
Boulevard, Coppell, Texas.
Call to Order1.
Mayor Pro Tem Tunnell called the meeting order, determined a quorum was
present and convened into Executive Session at 5:45 p.m.
Mayor Stover arrived prior to convening into Executive Session.
Douglas N. Stover;Tim Brancheau;Bob Mahalik;Brianna
Hinojosa-Flores;Marsha Tunnell;Billy Faught;Marvin Franklin and Karen
Hunt
Present 8 -
Executive Session (Closed to the Public) 1st Floor Conference Room2.
Section 551.071, Texas Government Code - Consultation with City Attorney.
A.Seek legal advice from the City Attorney concerning the status of the
injunction barring Oncor from relocating power lines on Sandy Lake
Road.
Page 1City of Coppell, Texas
May 8, 2012City Council Minutes - Draft
Discussed under Executive Session
B.Consultation with the City Attorney in regards to Mira Mar v. City of
Coppell.
Discussed under Executive Session
C.Seek legal advice from the City Attorney concerning the settlement
and land purchase agreements with the Billingsleys at Northlake.
Discussed under Executive Session
Section 551.072, Texas Government Code - Deliberation regarding Real Property.
D.Discussion regarding property purchases and matters concerning
property located at Northlake.
Discussed under Executive Session
E.Discussion regarding property east of Denton Tap Road and north of
Sandy Lake Road.
Discussed under Executive Session
Section 551.087, Texas Government Code - Economic Development Negotiations.
F.Discussion regarding Economic Development prospects west of
Freeport Parkway and north of Interstate 635.
Discussed under Executive Session
G.Discussion regarding Economic Development prospects west of Belt
Line Road and south of Dividend.
Discussed under Executive Session
Mayor Stover adjourned Executive Session at 6:38 p.m. and opened the Work
Session.
Work Session (Open to the Public) 1st Floor Conference Room3.
A.Discussion regarding the Professional Services Agreement for the
Andy Brown Park System.
B.Discussion of Agenda Items.
Presented in Work Session
Mayor Stover adjourned the Work Session and opened the Regular Session.
Regular Session (Open to the Public)
Page 2City of Coppell, Texas
May 8, 2012City Council Minutes - Draft
Invocation 7:30 p.m.4.
Pastor Jason Graves with Riverside Church gave the Invocation.
Pledge of Allegiance5.
Mayor Stover led those present in the Pledge of Allegiance.
6.Presentation of the Texas Environmental Excellence Award for
Innovative Operations/Management given to EcoCoppell at the TCEQ
2012 Awards Banquet held in Austin on May 2, 2012.
Deputy City Manager Mario Canizares made a presentation to Council on the
Texas Environmental Excellence Award presented to the City of Coppell and
ecoCoppell from the TCEQ.
7.Consider approval of a proclamation recognizing the month of May as
“Older Americans Month 2012,” and authorizing the Mayor to sign.
Mayor Stover read the proclamation for the record and presented the same to
Councilmember Franklin, Senior Adult Services liaison.
A motion was made by Councilmember Bob Mahalik, seconded by
Councilmember Karen Hunt, that this Agenda Item be approved. The motion
passed by an unanimous vote.
Councilmember Tim Brancheau;Councilmember Bob
Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha
Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and
Councilmember Karen Hunt
Aye:7 -
8.Consider approval of a proclamation proclaiming the week of May 20
through May 26, 2012 as Emergency Medical Services Week.
Mayor Stover read the proclamation for the record and presented the same to
Kevin Richardson, Fire Chief.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Billy Faught, that this Agenda Item be approved. The motion
passed by an unanimous vote.
Councilmember Tim Brancheau;Councilmember Bob
Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha
Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and
Councilmember Karen Hunt
Aye:7 -
Citizens’ Appearance9.
1) Joe Shirley, 582 Villawood Ln., spoke of his appreciation to City staff for
their assistance.
2) Steve Chadick, 509 W. Bethel Rd., spoke highly of the Engineering
Department and staff who assisted him with his questions.
Page 3City of Coppell, Texas
May 8, 2012City Council Minutes - Draft
Consent Agenda10.
A.Consider approval of minutes: April 24, 2012.
A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by
Councilmember Bob Mahalik, that Agenda Items A-F be approved on the
Consent Agenda. The motion passed by an unanimous vote.
B.Consider approval of an Ordinance for Case No. PD-253-H, Old Town
Water Tank/Office Addition, Lots 1 & 2, Block A, a zoning change from
H (Historic) to PD-253-H (Planned Development-253-Historic), to allow
for the office use and to retain the existing water storage tank on
property located at 616/618 South Coppell Road and authorizing the
Mayor to sign.
A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by
Councilmember Bob Mahalik, that Agenda Items A-F be approved on the
Consent Agenda. The motion passed by an unanimous vote.
Enactment No: 91500-A-583
C.Consider approval of an Ordinance for Case No. PD-95R-SF-9,
Shadow Ridge Estates I, Lot 10, Block A, a zoning change from
PD-95-SF-9 (Planned Development -95-Single Family-9) to
PD-95R-SF-9 (Planned Development-95 Revised-Single Family-9), to
allow for a 767.5-square-foot garage expansion on property located at
202 Southern Belle Drive and authorizing the Mayor to sign.
A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by
Councilmember Bob Mahalik, that Agenda Items A-F be approved on the
Consent Agenda. The motion passed by an unanimous vote.
Enactment No: 91500-A-584
D.Consider approval of an Ordinance for Case No. PD-250R-H, Darling
Patio Homes, Lots 1R-32R, Block F, Lots 2R-13R, Block G and Lot
2RX, Block G, Old Town (Main Street), a zoning change from
PD-250-H (Planned Development-250-Historic), to PD-250R-H
(Planned Development-250 Revised-Historic), to allow 44 patio-home
lots and one common area lot on property located west of South
Coppell Road and north of Burns Street and authorizing the Mayor to
sign.
A motion was madeby Mayor Pro Tem Marsha Tunnell, seconded by
Councilmember Bob Mahalik, that this Zoning Ordinance be Approved on the
Consent Agenda passed BY VOICE VOTE
Enactment No: 91500-A-585
E.Consider approval of a six-month extension to the expiration date of
June 13, 2012, for the Red Hawk Addition, Lot 28R, Block A, Replat, a
replat to establish various easements to accommodate an office
Page 4City of Coppell, Texas
May 8, 2012City Council Minutes - Draft
building.
A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by
Councilmember Bob Mahalik, that Agenda Items A-F be approved on the
Consent Agenda. The motion passed by an unanimous vote.
F.Consider approval of award of a Professional Services Agreement for
the development of a conceptual design study of the Andrew Brown
Park System, with Dunaway Associates, in the amount of $55,000.00,
and authorizing the City Manager to sign.
A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by
Councilmember Bob Mahalik, that Agenda Items A-F be approved on the
Consent Agenda. The motion passed by an unanimous vote.
End of Consent Agenda
11.PUBLIC HEARING:
Consider approval of Case No. PD-254-SF, Ridgecrest Estates, a
zoning change request from SF-12 (Single Family-12) to PD-254-SF
(Planned Development-254-Single Family), to establish a Detail Site
Plan to allow 26 single-family lots and two common area lots on (7)
seven acres of property located at the northeast corner of East Sandy
Lake Road and Lodge Road.
Presentation: Gary Sieb, Director of Planning, made a presentation to Council.
Matthew Alexander, representing the applicant, made a presentation to
Council.
Mayor Stover opened the Public Hearing and asked for the following to speak:
1) Ron Forest, 140 ParkValley Ct., spoke in favor of the motion.
2) Edie Stevens, 132 Park Valley Ct., spoke against the motion.
3) Jim O'Brien, 127 Beaver Run, spoke against the motion.
4) Emily Chun, 436 Pecan Hollow Dr., answered questions of Council.
A motion was made by Councilmember Marvin Franklin, seconded by
Councilmember Bob Mahalik, to close the Public Hearing and approve with the
following conditions:
1) Add a PD condition regarding how the HOA will maintain all screening
fences as well as open space; and
2) Delete condition #11 "All new trees shall count toward tree mitigation
requirements".
The motion passed by an unanimous vote.
Councilmember Tim Brancheau;Councilmember Bob
Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha
Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and
Councilmember Karen Hunt
Aye:7 -
12.PUBLIC HEARING:
Page 5City of Coppell, Texas
May 8, 2012City Council Minutes - Draft
Consider approval of Case No. PD-250R2-H, Old Town Addition (Main
Street), Lot 2R, Block E, a zoning change request from PD-250-H
(Planned Development-250-Historic), to PD-250R2-H (Planned
Development-250 Revision 2-Historic) to establish a Detail Site Plan
on Lot 2R, Block E for a pavilion, fountain, play area and public
restroom/ storage building on 1.53 acres of property located south of
Houston Street and north of Travis Street between West Main and
East Main Streets.
Presentation: Gary Sieb, Director of Planning, made a presentation to Council.
Brad Reid, Director of Parks and Recreation, represented the applicant.
Mayor Stover opened the Public Hearing and advised that no one signed up to
speak.
A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by
Councilmember Bob Mahalik, to close the Public Hearing and approve subject
to the following conditions:
1) Label proposed colors of restroom/storage facility;
2) Specify detail of the surface material for the playground area; and
3) There may be additional comments during detailed Engineering Plan review.
The motion passed by an unanimous vote.
Councilmember Tim Brancheau;Councilmember Bob
Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha
Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and
Councilmember Karen Hunt
Aye:7 -
13.PUBLIC HEARING:
Consider approval of Case No. PD-250R3-H, Old Town Addition (Main
Street) Entry Feature, Lot 1RX, Block B, a zoning change request from
PD-250-H (Planned Development-250-Historic) to PD-250R3-H
(Planned Development-250 Revision 3-Historic), to establish a Detail
Site Plan for an Entry Feature on 0.022 acres of property located at
the southeast corner of Bethel Road and Main.
Presentation: Gary Sieb, Director of Planning, made a presentation to Council.
Greg Yancey, representing the applicant, made a presentation to Council.
Mayor Stover opened the Public Hearing and asked for the following to speak:
1) Steve Chadick, 509 W. Bethel Rd., spoke against the entry feature.
2) Joe Shirley, 582 Villawood Ln., spoke against the entry feature.
3) Karen Purcell, 429 Parkway Blvd., spoke in favor of the entry feature.
A motion was made by Councilmember Bob Mahalik, seconded by
Councilmember Marvin Franklin, to close the Public Hearing and approve this
Agenda Item. The motion passed by an unanimous vote.
At this time, Mayor Stover called for a 5 minute recess at 10:15 p.m.
Page 6City of Coppell, Texas
May 8, 2012City Council Minutes - Draft
Councilmember Tim Brancheau;Councilmember Bob
Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha
Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and
Councilmember Karen Hunt
Aye:7 -
14.PUBLIC HEARING:
Consider approval of Case No. PD-250R4-H, Old Town Addition (Main
Street) Parking Lot, Lot 1R, Block A, a zoning change request from
PD-250-H (Planned Development-250-Historic) to PD-250R4-H
(Planned Development-250 Revision 4-Historic), to establish a Detail
Site Plan for parking lot with 80 parking spaces on 1.067 acres of
property located at the northeast corner of Hammond Street and
Houston Street.
Presentation: Gary Sieb, Director of Planning, made a presentation to Council.
Mayor Stover opened the Public Hearing and advised no one signed up to
speak.
A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by
Councilmember Billy Faught, to close the Public Hearing and approve the
Agenda Item. The motion passed by an unanimous vote.
Councilmember Tim Brancheau;Councilmember Bob
Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha
Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and
Councilmember Karen Hunt
Aye:7 -
15.PUBLIC HEARING:
Consider approval of the Old Town Addition (Main Street), Blocks A
thru E, Replat, being a replat of Blocks A thru E into Lots 1R to 4R,
Block A; Lots 1R & 1RX, Block B; Lots 1R to 6R, Block C; Lots 1R to
11R, Block D and Lots 1R1, 1R2 & Lot 2R, Block E, to establish lots,
easements and an alley right-of-way on approximately 6.2 acres of
property located South of Bethel Road, between Hammond Street and
East Main Street.
Presentation: Gary Sieb, Director of Planning, made a presentation to Council.
Greg Yancey, representing the applicant, made a presentation to Council.
Mayor Stover opened the Public Hearing and advised no one signed up to
speak.
A motion was made by Councilmember Tim Brancheau, seconded by Mayor
Pro Tem Marsha Tunnell, to close the Public Hearing and approve subject to
the following conditions:
1) Additional easements may be required based on final Engineering review;
and
2) Additional comments may be generated on final review of Engineering
Plans.
The motion passed by an unanimous vote.
Page 7City of Coppell, Texas
May 8, 2012City Council Minutes - Draft
Councilmember Tim Brancheau;Councilmember Bob
Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha
Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and
Councilmember Karen Hunt
Aye:7 -
16.Consider approval of the First Baptist Church of Coppell, Lot 1, Block
A, Site Plan Amendment, to allow a 740-square-foot building
expansion, revised elevations, the addition of a covered drop-off area
and modifications to the landscaping and parking on 5.161 acres of
property located at 590 S. Denton Tap Road.
Presentation: Gary Sieb, Director of Planning, made a presentation to Council.
A motion was made by Councilmember Bob Mahalik, seconded by
Councilmember Billy Faught, that this Agenda Item be approved. The motion
passed by an unanimous vote.
Councilmember Tim Brancheau;Councilmember Bob
Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha
Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and
Councilmember Karen Hunt
Aye:7 -
17.Consider approval of awarding Bid #Q-0412-01 for Cleaning and
Related Services of Municipal Buildings to UBM Enterprises, Inc. in the
amount of $144,930.00, and Add Alternate #1 at $12.50/hr for private
rental setups/cleanups and Add Alternate #2 at $12.50/hr for senior
center program setups/cleanups, for a one year period beginning June
1, 2012, with renewal options of an additional 4 years; and authorizing
the City Manager to sign and execute any necessary documents.
Presentation: Sheri Moino, Facilities Manager, made a presentation to Council.
A motion was made by Councilmember Billy Faught, seconded by
Councilmember Tim Brancheau, that this Agenda Item be approved. The
motion passed by an unanimous vote.
Councilmember Tim Brancheau;Councilmember Bob
Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha
Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and
Councilmember Karen Hunt
Aye:7 -
18.Consider approval of awarding Buyboard Contract: #325-09,
Quote#MB42012-1 for Access Control System Retrofit and Expansion
to Entech Sales and Service in the amount of $300,481.00, and
authorizing the City Manager to sign and execute any necessary
documents.
Presentation: Sheri Moino, Facilities Manager, made a presentation to Council.
A motion was made by Councilmember Brianna Hinojosa-Flores, seconded by
Councilmember Karen Hunt, that this Agenda Item be approved. The motion
passed by an unanimous vote.
Page 8City of Coppell, Texas
May 8, 2012City Council Minutes - Draft
Councilmember Tim Brancheau;Councilmember Bob
Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha
Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and
Councilmember Karen Hunt
Aye:7 -
19.Consider approval of a Resolution approving a Tax Abatement
Agreement between the City of Coppell and Scentsy, Inc., and
authorizing the Mayor to sign.
Presentation: Mindi Hurley, Economic Development Coordinator, made a
presentation to Council.
A motion was made by Mayor Pro Tem Marsha Tunnell, seconded by
Councilmember Karen Hunt, that this Resolution be approved. The motion
passed by an unanimous vote.
Councilmember Tim Brancheau;Councilmember Bob
Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha
Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and
Councilmember Karen Hunt
Aye:7 -
Enactment No: 2012-0508.1
20.Discuss and consider approving the Second Amendment to
Development Agreement between the City of Coppell and Main Street
Coppell, Ltd., and authorize the City Manager to sign.
Presentation: Mindi Hurley, Economic Development Coordinator, made a
presentation to Council.
A motion was made by Councilmember Brianna Hinojosa-Flores, seconded by
Mayor Pro Tem Marsha Tunnell, that this Agenda Item be approved. The
motion passed by an unanimous vote.
Councilmember Tim Brancheau;Councilmember Bob
Mahalik;Councilmember Brianna Hinojosa-Flores;Mayor Pro Tem Marsha
Tunnell;Councilmember Billy Faught;Councilmember Marvin Franklin and
Councilmember Karen Hunt
Aye:7 -
City Manager Reports21.
Project Updates and Future Agendas.
Read and Filed
City Manager Clay Phillips reported that construction on Deforest Road
continues. The infrastructure on W. Bethel Road and Main Street is making
good progress and should complete around mid-summer. Regarding the
project on W. Sandy Lake Road and the power lines relocation, some of the
homeowners have sought an injuction against Oncor. The project is on hold
until the issue is resolved. Mr. Phillips reminded Council about the Aquatic and
Recreation Center Grand Re-Opening scheduled for Memorial Day Weekend.
Finally, Mr. Phillips made some comments for the community on the latest
information concerning Northlake and Cypress Waters.
Mayor and Council Reports22.
Page 9City of Coppell, Texas
May 8, 2012City Council Minutes - Draft
Report by Mayor Stover regarding Metroplex Mayors’ Meeting.
Read and Filed
Deputy City Manager Mario Canizares attended the Metroplex Mayors' Meeting.
Mr. Canizares mentioned that the Lancaster Fire Chief spoke on the recent
tornadoes that hit the community and the importance of having an Emergency
Management Plan. Also, outgoing mayors and city managers were honored for
their years of service.
Public Service Announcements concerning items of community interest and no
Council action or deliberation is permitted.
23.
Councilmember Faught announced that May 16th is Coppell's Ride of Silence.
This event held on the 3rd Wednesday in May recognizes the cyclists injured or
killed on local roadways. The riding begins at 7 p.m. and continues along a 11
mile course.
Mayor Stover also announced that the Coppell Aquatic and Recreation Center
was awarded the 2011Gold International Aquatic Safety Award. The Coppell
Explorers competed at a regional competition and all three teams entered from
Coppell's post won awards. Mayor Stover reminded the community that May
12th is Election Day from 7 a.m. to 7 p.m. at Town Center. Early Voting closed
on May 8th and reported approximately 1,400 voters in the General Election
and approximately 1,300 voters in the Special Election for Place 3.
Necessary Action from Executive Session24.
Nothing to report.
Adjournment
There being no further business to come before the City Council, the meeting
was adjourned.
________________________
Douglas N. Stover, Mayor
CERTIFICATE
I certify that the above Notice of Meeting was posted on the bulletin board at the City
Hall of the City of Coppell, Texas on this 4th day of May, 2012, at _____________.
______________________________
Christel Pettinos, City Secretary
Page 10City of Coppell, Texas
May 8, 2012City Council Minutes - Draft
PUBLIC NOTICE - 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 makes 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).
Page 11City of Coppell, Texas
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: May 22, 2012
RE: Consider approval of Change Order Number 5 to the Old Town
Coppell and Bethel Road Infrastructure Improvements (ST10-02)
project in the amount of $252,421.09 with JRJ Paving, L.P.; as
provided in CIP funds; and authorizing the City Manager to sign and
execute all necessary documents.
On September 13, 2011, Council awarded a contract to JRJ Paving, LP in the amount of
$4,350,190.39 for the construction of Old Town Coppell and Bethel Road infrastructure
improvements. In addition to this award amount the City set aside $295,000.00 in bonus
money for early completion of various milestones throughout the project. Since this
award, four change orders have been approved in the amount of $102,808.84. These
previous change orders have addressed unforeseen utility conflicts and various changes
requested by our development partner. Approval of this change order will bring the total
project cost to $4,705,420.32 plus the potential bonus amount.
The change order before you this evening is to provide for the construction of an 80 space
parking lot within the Old Town Coppell area. This parking lot has been shown in the
conceptual plan for some time. At the December 13, 2011 City Council meeting, Council
approved amendment number one to the development agreement between the City of
Coppell and CSE Real Estate, L.P. providing for the construction of this lot on the City
by Coppell.
In order to meet our obligation to construct this parking lot, we executed a contract
amendment with the engineering firm of Freese & Nichols, Inc. for the design of the lot.
The design has been completed, and City Council approved the Special Use Permit for
this lot at the May 10, 2012 Council meeting.
This proposed change order extends the contract unit pricing to the new work, where
appropriate items existed. JRJ has provided reasonable pricing for new items required for
this change.
2
Staff recommends approval of this change order in the amount of $252,421.09, and will
be available to answer any questions at the council meeting.
S:\CAD\In_Design\ST10-02 OLD COPPELL\dwg\OLD COPPELL DEV.dwg \ST10-02 PKG 1
Old Town Coppell
Change Order #5
City of Coppell Project ST10-02
Created in CIVIL3D
1 INCH = 1 MILE
0
1/2
11/2
INFRASTRUCTURE
IMPROVEMENTS
1 INCH = FT.
0 200
200
100
Old Town Coppell
Change Order #5
City of Coppell Project ST10-02
S:\CAD\In_Design\ST10-02 OLD COPPELL\dwg\OLD COPPELL DEV.dwg \ST10-02 PKG 1
Created on: 15 May 2012 by Scott Latta
Created in CIVIL3D
2/2
CITY OF COPPELL
CHANGE OR EXTRA WORK ORDER
Old Town Coppell and
Bethel Road
JRJ Paving, L.P.
City of Coppell
Five (5) DATE: May 22, 2012
Item Description Quantity Unit Unit Price Total
ADD:1 Sawcut & remove curb and
gutter 65 LF $5.15 $334.75
2 Modify existing 10' curb
inlet 1 EA $3,060.00 $3,060.00
3 Cut in 21" x 21" wye 1 EA $1,614.00 $1,614.00
4 20" x 20" Stepping stones 8 EA $114.00 $912.00
5 Irrigation system including
controller upgrade 1 LS $27,390.00 $27,390.00
6 Steel edging 740 LF $3.54 $2,619.60
7 Additional mobilization 1 LS $19,100.00 $19,100.00
106 Unclassified excavation
(Roadway and Channel)2,113 CY $1.27 $2,683.51
116 8" Lime subgrade treatment 3,625 SY $2.22 $8,047.50
117 Lime 77.00 Ton $143.85 $11,076.45
118
8" Reinforced concrete
pavement with 6" integral
curb
3,420 SY $37.75 $129,105.00
131 4" Reinforced concrete
sidewalk 388 SY $30.31 $11,760.28
CHANGE ORDER NO.:
OWNER:
PROJECT:
CONTRACTOR:
1. This change order provides for the addition of an 80 space parking lot in the northwest corner of the
project site. Existing contract pay items are utilized where available. New pay items are added where
no appropriate item existed in the contract, or where the existing item was a lump sum item.
CITY OF COPPELL
CHANGE OR EXTRA WORK ORDER
187 21" RCP (CL III) 46 LF $41.72 $1,919.12
197 Std. 10' curb inlet 2 EA $2,538.95 $5,077.90
249 Large shade tree - Southern
Live Oak 5 EA $288.75 $1,443.75
250 Large shade tree - Shumard
Oak 13 EA $288.75 $3,753.75
251 Large shade tree - Cedar
Elm 19 EA $288.75 $5,486.25
255 Evergreen Tree - Savannah
Holly 1 EA $273.00 $273.00
256 Shrubs/Grasses - Dwarf
Yaupon Holly 68 EA $15.23 $1,035.64
257 Shrubs/Grasses - Indian
Hawthorn 297 EA $14.70 $4,365.90
259 Shrubs/Grasses - Upright
Rosemary 147 EA $14.70 $2,160.90
261 Groundcover - Big Blue
Liriope 1,154 SY $2.05 $2,365.70
262 Turf - Common Bermuda 838 SY $2.89 $2,421.82
263 36" Deep dual purpose root
and water barrier 340 LF $8.40 $2,856.00
301 4" White thermoplastic
striping 1,450 LF $1.70 $2,465.00
$253,327.82
Delete:120 8" Reinforced concrete
stamped roadway crosswalk (11) SY $82.43 ($906.73)
($906.73)
$252,421.09
$4,350,190.39
$252,421.09
$102,808.84
$4,705,420.32
Total Revision to Contract Amount:
Net increase in contract amount
Revised contract amount
Original contract amount
Previously approved changes
Total Additions
Total Deletions
CITY OF COPPELL
CHANGE OR EXTRA WORK ORDER
8.2%
0
Revised
Contract 350 Calendar Days
Date
Date
Date
The contractor hereby accepts this Contract adjustment as a final and complete adjustment in full
accord and satisfaction of all past and future liability originating under any clause in the Contract by
reason of this revision to the Contract.
Cumulative increase in TOTAL change order amount (Percentage)
Net increase in contract time of completion
Recommended by City Engineer
Agreed to by Contractor
Accepted by City
1
MEMORANDUM
TO: Mayor and City Council
FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works
DATE: May 22, 2012
REF: Consider approval of Supplemental Agreement No. 3 to the Treated Water
Contract between the City of Coppell and the City of Dallas; and authorizing
the City Manager to sign and execute any necessary documents.
For many years now, the City of Coppell has been involved in the development of property within
the City of Dallas surrounding North Lake. After working through numerous legal issues, an
agreement was signed in 2008 between the City of Coppell and Cypress Waters Land A, Ltd. This
agreement allowed for the purchase of certain portions of the property by the City of Coppell and
denoted several other areas of Coppell’s responsibility for future development. In 2009, the
Omnibus Amendment to the Contract of Purchase and Sell In Lieu of Eminent Domain; Settlement
Agreement; and Northlake Water Supply Planning Agreement, was executed by the City of Coppell
and Cypress Waters Land A, Ltd.
A part of the Omnibus Amendment includes the City of Coppell providing interim water service to
the first phase development of Cypress Waters. The interim water service is to be discontinued
once the first phase is complete and the City of Dallas water service is in service. The Omnibus
Amendment further states that the connection will remain in place as an emergency interlocal
connection between the City of Coppell and the City of Dallas. Because the Omnibus Agreement
was only between the City of Coppell and Cypress Waters Land A, Ltd., the next step in the process
is to work with the City of Dallas to prepare a Supplemental Agreement for the City of Coppell to
provide water to land within the City of Dallas, for a limited time.
The City of Coppell purchases water from the City of Dallas. That water then goes through our
storage tanks and pump station, near the intersection of Sandy Lake Road and MacArthur Blvd.,
into the distribution lines and the elevated tanks in Coppell. This Supplemental Agreement will
allow Cypress Waters to connect to an existing 16-inch water line in South Belt Line Road for the
purchase of taking water from the system that has previously been purchased from Dallas. It is
important to note that this is only an interim water connection for construction purposes only for the
First Phase.
2
The process of drafting an agreement between the City of Coppell and the City of Dallas began in
April 2011. Since that time, there have been numerous variations of the Supplemental Agreement
which is officially referred to as Supplemental Agreement No. 3 to the Treated Water Contract,
between the City of Coppell and the City of Dallas. On May 3, 2012, representatives from Dallas
and Coppell were able to resolve all outstanding issues associated with the proposed Supplemental
Agreement. The most recent changes to the agreement were in Sections 6 and 7. Section 6
specifically states that the water is only construction water and is only provided during the
construction of the First Phase. It also states that prior to a Certificate of Occupancy (CO) being
issued by Dallas for any dwelling unit that Dallas must have an onsite water supply, separate from
Coppell, in service. Once that first CO is issued, then Coppell no longer has the responsibility to
provide interim construction water, even if the First Phase is still under construction.
Section 7 states that the interconnection between the Coppell and Dallas water supply will only be
used in the future for “emergency use.” Note that the connection, while not in service after a CO
has been issued for the first dwelling unit, will still be in place. So while the connection will remain
in place, it will only be utilized in the event of a catastrophic failure. A catastrophic failure could be
any number of things where either City has lost the ability to provide water that would be necessary
for health, safety or fire protection issues. Paragraph 7 specifically states that a catastrophic failure
is not deemed to be created by the fact that the City of Dallas does not have a water system in place
at such time as they are requesting their first CO for a dwelling unit.
The City of Dallas has previously approved the Supplemental Agreement. Also, the construction of
the onsite City of Dallas pump station, water storage tank, and distribution lines is currently
underway on the Northlake property.
Staff recommends approval of Supplemental Agreement No. 3 to the Treated Water Contract
between the City of Coppell and City of Dallas and will be available to answer any questions at the
Council meeting.
Page 1
STATE OF TEXAS §
§ SUPPLEMENTAL AGREEMENT NO. 3
§ TO TREATED WATER CONTRACT
COUNTY OF DALLAS §
THIS SUPPLEMENTAL AGREEMENT NO. 3 to that certain Wholesale Treated Water
Contract dated November 18, 1987 (“the Contract”), as amended by Supplemental Agreement
Nos. 1 and 2, dated June 12, 1992, and November 9, 1994, respectively, by and between the
CITY OF DALLAS, TEXAS, a Texas municipal corporation, hereinafter called “DALLAS”,
and CITY OF COPPELL, TEXAS, a Texas municipal corporation, hereinafter called
“COPPELL”, evidences the following:
1. The Contract is amended as follows:
(a) The contract is amended to include Exhibit E governing the provision of interim
construction water service and interim wastewater service concerning the project
referred to as “CYPRESS WATERS” located within the boundaries of DALLAS
and Exhibit E-1 which provides a depiction of the initial development of
“CYPRESS WATERS” (the “First Phase”).
(b) Section 13 of the contract is amended to read as follows:
“13.0 SPECIAL PROVISIONS:
Special provisions applicable to this Contract are attached hereto and styled
Exhibits B, C, D, E and E-1. These exhibits are incorporated herein, as if copied
word for word. Exhibit B delineates the delivery facilities. Exhibit C contains
provisions peculiarly applicable to the contract with Customer and supplements
provisions of this standard Contract. Exhibit D contains provisions of the
Reciprocal Water and/or Wastewater Service Agreement. Exhibit E contains
provisions of interim construction water service and interim wastewater service
for the project referred to as “CYPRESS WATERS” located within the
boundaries of DALLAS. Exhibit E-1 provides a depiction of the First Phase of
“CYPRESS WATERS”.
Page 2
2. All other terms, provisions, conditions, and obligations of the Contract between
DALLAS and COPPELL shall remain in full force and effect, and said Contract,
as same may have previously been amended, and this Supplemental Agreement
No. 3 shall be construed together as a single contractual agreement.
Executed this ________ day of _____________________, 2012, by DALLAS, acting through its
City Manager, duly authorized to execute this agreement by Council Resolution No. 12-0952,
approved on March 28,, 2012, and by COPPELL, acting through its duly authorized officials.
APPROVED AS TO FORM: CITY OF DALLAS
THOMAS P. PERKINS, MARY K. SUHM,
City Attorney City Manager
BY ______________________________ BY ________________________________
Assistant City Attorney Assistant City Manager
APPROVED AS TO FORM CITY OF COPPELL
BY: ______________________________ BY: ________________________________
City Attorney City Manager
Page 3
EXHIBIT E
INTERIM WATER SERVICES
COPPELL currently has an existing 12” water line located in Belt Line Road
between IH-635 (LBJ Freeway) and Wrangler Drive, which is generally along the
western boundary of the Cypress Waters proposed development. This line connects
to a COPPELL 16” water line located in Dividend Drive at Belt Line Road. An
analysis of that water network, prepared for COPPELL by Freese and Nichols, Inc,
and documented in a report dated December 31, 2008, with addendum dated February
13, 2009 and April 5, 2011, states that COPPELL currently has the ability to provide
at least 0.75 MGD peak hour flow to Cypress Waters for elevations of up to 550 feet
while maintaining pressures of 40 psi and fire flows up to 1,560 gpm. Therefore, it is
agreed that:
DALLAS may make a connection to the existing 12” or 16” water line (the “Line”)
as a source for interim construction water and fire protection during the First Phase
construction on the Cypress Waters property, more particularly described on Exhibit
E-1 attached hereto, subject to the following conditions:
1) Detailed construction plans for any connections to the COPPELL water
network shall be provided and approved by COPPELL.
2) All work within COPPELL shall comply with COPPELL construction
standards.
3) All permitting and fee requirements of COPPELL shall be followed by
DALLAS.
4) Appropriate metering facilities for the connection of the interim service shall
be provided. The metering facilities shall be conveyed to COPPELL.
5) The water provided under this Supplemental Agreement shall be considered
DALLAS water and the volumes measured through the meter will be
Page 4
deducted from the amounts of DALLAS water sold to COPPELL. The
billings to COPPELL for treated water will be commensurately reduced.
To compensate COPPELL for the use of their mains and for pumpage to
convey the water to this area of DALLAS, DALLAS agrees to pay
COPPELL a wheeling charge. The current wheeling charge i s $0.152
per one thousand gallons. Such charge shall be subject to review every 5
years and adjusted per the consumer price index ("CPI"). The term "CPI"
as referenced herein shall mean the annual average Consumer Price Index
issued by the Bureau of Labor Statistics covering all Urban Consumers for
the Dallas, Fort Worth, Texas region, or if this index ceases to be published,
then a comparable index.
6) The construction water service provided in this Agreement is initially to be
provided during the construction of the First Phase only. Prior to a Certificate
of Occupancy (CO) being issued by DALLAS for any dwelling unit within
the Cypress Waters Development, an on-site DALLAS water supply, separate
from COPPELL, must be provided by DALLAS. The addition of an
operational on-site DALLAS water supply relieves COPPELL of the
responsibility to continue to provide water service during construction of the
First Phase. Except as provided in Paragraph (7) below, Coppell will not be
obligated to supply water to any occupied structure or to any uncompleted
portions of the First Phase after issuance of the first CO for any dwelling unit
in the First Phase. It is the express intent of the Parties that the issuance of a
CO for a construction trailer or pump station shall not release COPPELL of
the responsibility to continue to provide interim construction water service
until such time as a CO is issued for the first dwelling unit in the First Phase.
7) Upon issuance of a CO for a dwelling unit in the First Phase or completion of
construction of the First Phase, whichever occurs first, the water main
connection from the Cypress Waters project to the Line shall remain as an
inter-local connection between COPPELL and DALLAS for emergency use.
For purposes of this Supplemental Agreement, emergency use means a
catastrophic failure of the DALLAS or COPPELL water systems where the
Page 5
impact could be minimized by “opening the valve” to allow water to flow
between the two cities. At all other times, the valve will be closed such that no
water can flow between the two cities. Catastrophic failure does not mean the
required water line to be provided by DALLAS to serve the property is
incomplete at the time the first CO for a dwelling unit is issued for any
completed portion of the First Phase. In the event that prior to issuance of a
CO by DALLAS for a dwelling unit within the First Phase COPPELL
reasonably determines that the available capacity in the Line is required for
one or more new major commercial developments within COPPELL, then
COPPELL shall have the right, upon not less than six months prior written
notice to DALLAS, to require DALLAS to cease using the Line for interim
construction water and to obtain such construction water from other sources.
8) Notwithstanding the foregoing, COPPELL agrees to keep DALLAS
reasonably apprised of any such potential new major commercial
developments which may require such capacity and to provide DALLAS with
as much advance notice thereof as is reasonably possible (but in no event less
than six (6) months prior written notice as aforesaid). COPPELL will
cooperate reasonably with DALLAS regarding any future interlocal
emergency connections that may be needed north of the lake following
completion of additional project infrastructure design.
Page 6
INTERIM WASTEWATER SERVICES
As documented by Freese and Nichols, Inc. in the above referenced report and
addendums, COPPELL currently has a 15” wastewater line in Belt Line Road at
Lakeshore Drive, which flows north to connect to a 30” wastewater line in Denton
Tap Road north of the Cotton Belt Railroad. That 30” wastewater line flows east to a
connection to the Trinity River Authority (TRA) system along Belt Line Road east of
MacArthur Drive. The 15” wastewater line in Belt Line Road at Lakeshore Drive
currently has an available peak wet weather capacity of 1.8 MGD, and the 30”
wastewater line has an available peak wet weather capacity of 2.5 MGD. The priority
use for both of these lines is to accommodate growth and development in COPPELL,
however, the current available capacity may be used by DALLAS, on an interim
basis, to accommodate wastewater flows from initial phases of Cypress Waters
development, subject to the following conditions:
1) Detailed construction plans for any connections to the COPPELL wastewater
system must be provided to and approved by COPPELL.
2) All work within COPPELL shall comply with COPPELL construction
standards.
3) All permitting and fee requirements of COPPELL shall be followed by
DALLAS.
4) Appropriate metering facilities shall be provided by DALLAS. The metering
facilities shall remain the property of DALLAS.
5) COPPELL shall charge DALLAS the same wastewater rate and associated
charges as charged customers whose property lies within its own areas and
boundaries and who are in the same category of service.
6) When the peak wet weather wastewater flow into the COPPELL wastewater
system from Cypress Waters equals or exceeds 1.35 MGD, or when notified
by COPPELL, DALLAS will begin planning and design for a permanent
DALLAS wastewater system which will connect on-site lift station(s) and
Page 7
force main(s) to the above described 30” COPPELL wastewater line, at a
mutually agreed upon location.
7) When the peak wet weather wastewater flow into the COPPELL wastewater
system from Cypress Waters equals or exceeds 1.68 MGD, or when notified
by COPPELL, DALLAS will begin construction of a permanent DALLAS
wastewater system which will connect on-site lift station(s) and force main(s)
to the above described 30” COPPELL wastewater line. Once construction of
such connection to the above described 30” COPPELL wastewater line is
complete, the wastewater connection to the above described 15” COPPELL
wastewater line in Belt Line Road shall be removed by DALLAS in
accordance with COPPELL Standard Construction Details.
8) When the peak wet weather measured flow in the above described 30”
COPPELL wastewater line reaches 80% of its capacity, or when notified by
COPPELL, DALLAS will begin planning and design of an extension of the
DALLAS wastewater system of force mains and gravity lines, including the
potential rehabilitation of an existing 33” line along Belt Line Road, to a point
of delivery of DALLAS wastewater flows to a TRA point of delivery near
Bush Turnpike and Belt Line Road. Construction of this line and/or
improvement will be initiated so as to complete construction prior to the flow
in the COPPELL 30” line reaching wet weather peak capacity.
9) Once the wastewater planning, design, and construction measures
contemplated by Paragraphs 6 through 8 above have been completed and
either (i) when the peak wet weather measured flow in the above described
30” COPPELL wastewater line reaches 100% of its capacity, or (ii) when
notified by COPPELL, DALLAS shall: (a) not issue any new building
permits for structures which require sanitary wastewater service through the
COPPELL wastewater system; and (b) within six (6) months have alternate
wastewater service for Cypress Waters and discontinue discharging into the
COPPELL wastewater system.
10) One point of entry into the COPPELL wastewater system from DALLAS is
authorized by this agreement. Any additional points of entry will require
Page 8
approval by COPPELL, acting through its director of public works or other
duly authorized representative.
Exxhibit E-1
PARKS AND RECREATION DEPARTMENT
CITY COUNCIL AGENDA ITEM
Date: May 22, 2012
To: Mayor and City Council
From: Brad Reid, Director
Re: Consider approval of an Agreement with Kid Country Playground Association,
for the improvements at Kid Country Playground, and authorizing the Mayor to
sign
Background:
The Coppell Kid Country Playground Association (CKCPA) is underway with
volunteerism and fundraising efforts related to the replacement of Kid Country
Playground. CKCPA has been granted 501 (c) 3 status, they have worked through the
full design process with the community as facilitated by Leathers Associates, worked on
fundraising efforts and gathered a core group of leaders to forge a new playground. The
group has been authorized the amount of $150,000 from City Council, with the request
for an additional amount of $150,000. These funds have been set aside from Park
Development Fees collected over the past several years. On January 24, 2012, the City
Council authorized a payment to the CKCPA in the amount of $24,000 for the payment
of an invoice from Leathers Associates for the design of the new playground. The
Agreement currently under consideration will formally commit the city to budgeting the
full $300,000, to CKCPA for this project.
The attached Agreement defines the roles of both CKCPA and the City related to the
development of the new playground. In essence, the city shall make payment to CKCPA
in the amount of $276.000.00 (the difference between the total granted amount of
$300,000 and the amount already paid), and CKCPA agrees to purchase the necessary
supplies, gather the necessary resources, design and construction management personnel
to force the installation of the new Kid Country playground through volunteer and/or
paid labor. The City also agrees to demo the existing playground and prepare the site for
the new playground installation.
Representatives from the Coppell Kid Country Playground Association are scheduled to
attend the meeting to address specific questions about this request and the status of the
project.
City Council Action requested:
Consider approval of an Agreement with Kid Country Playground Association, for the
improvements at Kid Country Playground, and authorizing the Mayor to sign.
Staff Recommendation:
Approval of this item.
Agreement for Playground Improvements Page 1 of 12
City of Coppell/Coppell Kid Country Playground Association TM 54844
STATE OF TEXAS § AGREEMENT BY AND BETWEEN COPPELL KID COUNTRY
§ PLAYGROUND ASSOCIATION AND THE CITY OF
COUNTY OF DALLAS § COPPELL, TEXAS FOR PLAYGROUND IMPROVEMENTS
This Agreement is entered into by and among the COPPELL KID
COUNTRY PLAYGROUND ASSOCIATION, a Texas non-profit corporation
registered to do business in Texas (hereinafter referred to as “KID
COUNTRY”); and the CITY OF COPPELL, TEXAS (hereinafter called
“CITY”);
W I T N E S S E T H:
WHEREAS, KID COUNTRY desires to restore, replace and improve the Kid Country
Playground located at Andrew Brown Jr. Community Park East, 260 East Parkway Blvd., in
Coppell, Texas (hereinafter, the “Playground”), and
WHEREAS, the CITY has determined that making a grant for the purpose of funding
and improving the construction materials for the Playground to KID COUNTRY in accordance
with this Agreement will benefit the CITY and the CITY’s inhabitants.
NOW, THEREFORE, in consideration of the mutual promises, covenants, obligations,
and benefits contained in this Agreement, CITY and KID COUNTRY hereby agree as follows:
ARTICLE I
DEFINITIONS
1.1 “CITY” and “KID COUNTRY” shall have the meanings specified above.
1.2 “Agreement” shall mean this document as executed by and among the CITY and
KID COUNTRY, which may be amended from time to time, pursuant to the provisions
contained herein.
1.3 “Design Development and Construction Documents” shall mean the documents
produced during the Design Development and Construction Phase of the proposal attached and
incorporated herein as Exhibit “A”.
1.4 “Licensed Premise” shall mean that the portion of Andy Brown East depicted on
Exhibit A and parking lot to Andy Brown East as depicted on Exhibit B.
Agreement for Playground Improvements Page 2 of 11
City of Coppell/Coppell Kid Country Playground Association
1.5 “Playground Improvements” shall mean the restoration, replacement and
improvements of the Playground in accordance with the Design Development and Construction
Documents.
Singular and Plural: Words used herein in the singular, where the context so permits,
also includes the plural and vice versa, unless otherwise specified.
ARTICLE II
TERM
2.1 Term: The term of this Agreement shall commence on the last date of execution
by all parties (the “Effective Date”), and continue until CITY’s acceptance of the Playground
Improvements. Either party may terminate this Agreement by giving the other party thirty (30)
days prior written notice.
ARTICLE III.
REPRESENTATIONS
3.1 City Authority. CITY represents to KID COUNTRY that CITY, upon
approval of the proper authority of the City Council of this Agreement, CITY has the authority
to carry obligations contemplated by this Agreement.
3.2 KID COUNTRY Standing and Authority. KID COUNTRY represents to
CITY that KID COUNTRY is an entity organized in the State of Texas who is authorized to do
business in the State of Texas; that KID COUNTRY has the authority to enter into this
Agreement and to perform the requirements of this Agreement; that KID COUNTRY’s
performance under this Agreement shall not violate any applicable judgment, order, law or
regulation; that KID COUNTRY’s performance under this Agreement shall not result in the
creation of any claim against CITY for money or performance, any lien, charge, encumbrance or
security interest upon any asset of CITY; and that KID COUNTRY has authority to enter into
this Agreement.
3.3 No Third Party Consents. CITY and KID COUNTRY represent each to the
others that the execution, delivery, and performance of this Agreement on its part does not
require consent or approval of any person that has not been obtained except as provided herein.
3.4 Continuing Cooperation. CITY and KID COUNTRY represent each to the
other that each shall make every reasonable effort to expedite the performance of the obligations
under this Agreement and acknowledge that the successful performance of this Agreement
requires the continued cooperation of each.
ARTICLE IV
GRANT TO KID COUNTRY
4.1 Grant. CITY shall make a grant in the amount of Two Hundred and Seventy-Six
Thousand Dollars ($276,000.00) to KID COUNTRY to pay for the cost of materials and
Agreement for Playground Improvements Page 3 of 11
City of Coppell/Coppell Kid Country Playground Association
construction elements for the Playground Improvements (hereinafter, “Grant Funds”) as outlined
in the Design Development and Construction Documents.
4.2 The Grant Funds shall be payable to KID COUNTRY within thirty (30) days of
the CITY’s approval and execution of this Agreement subject to the provision of this
Agreement.
4.3 Any funds granted herein that are not used by KID COUNTRY for purchase of
the materials and construction elements for the Playground Improvements within one hundred
twenty (120) days of the City’s acceptance of the improvements shall be subject to the
Recapture provision in Article VIII, and KID COUNTRY shall remit any such unused funds
back to the City.
ARTICLE V
LICENSE
5.1 License. CITY hereby grants KID COUNTRY a non-exclusive license for the
purpose of allowing KID COUNTRY to use the Playground for the purpose of constructing the
Playground Improvements. Said license shall terminate upon CITY’s approval and acceptance
of the Playground Improvements. KID COUNTRY hereby agrees to, and shall, use the
Playground Improvements as contemplated by this Agreement, and Licensee hereby represents
to City that Licensee has a valid, written and properly executed contracts or release with any and
all contractors, volunteers, and invitees whose services form the basis for KID COUNTRY’s
license of the Playground, the terms of which contracts do not conflict with the terms of this
Agreement.
5.2 License fee. KID COUNTRY shall not be required to pay a license fee for the
license of the Playground.
5.3 Premises Condition, Clean-up, and Repair.
a. CITY shall provide (and KID COUNTRY accepts) the Playground “AS
IS” with all defaults and conditions, including the concrete base and perimeter walks to
be constructed by the City as detailed in Section 6.1 herein
b. KID COUNTRY shall, before City’s acceptance of the Playground
Improvements, clean the Playground and remove all debris, including any temporary
structures erected and unused construction materials, and restore the Playground to the
reasonable satisfaction of the City. Clean-up shall include the parking lots and grass areas
surrounding the Playground.
5.4 Equipment. KID COUNTRY shall provide any and all tents and equipment
required for or the purpose of constructing the Playground Improvements at its own cost.
5.5 Authority of City.
Agreement for Playground Improvements Page 4 of 11
City of Coppell/Coppell Kid Country Playground Association
b. In licensing the use of the Playground to KID COUNTRY for the
purposes set forth herein, it is understood that the CITY does not relinquish the right to
control the management thereof and to enforce appropriate rules and regulations. The
decision of the CITY’S authorized representative as to the number of persons that can
safely and freely move about in the Playground shall be final.
b. CITY and its authorized representatives shall have the right at all times to
enter upon and have access to the Premises during the Permitted Use.
c. A duly authorized representative of the CITY shall be in attendance at the
Playground during KID COUNTRY’s use. KID COUNTRY shall provide all of its
representatives and working personnel to be admitted to any part of the Playground with
distinctive, visual identification, which shall be made known to the CITY on the
Effective Date.
5.6 Compliance with all laws. KID COUNTRY and its invitees shall comply with
all applicable laws, and shall cause every person under its direction or control who is connected
with the performance of any aspect of this Agreement to fully comply with all applicable laws,
ordinances, and regulations of the City of Coppell.
ARTICLE VI
OBLIGATIONS OF CITY
6.1 CITY shall be responsible for demolishing and removing the current playground,
existing 'wood chip' surfacing and drainage systems that may impede construction. CITY will
also be responsible for grading of the site to receive the new playground and installation of the
subsurface drainage, in accordance with the Design Development and Construction Documents,
at its own cost. Both CITY and KID COUNTRY desire to maintain the existing perimeter
sidewalk, including the 'handprints' from the existing playground.
6.2 CITY shall provide written notice to KID COUNTRY notifying KID
COUNTRY of the completion of the CITY’S obligations set forth in Section 6.1 herein.
6.3 CITY shall inspect the Playground Improvements upon completion of
construction for compliance with the Design Development and Construction Documents.
6.4 CITY will be responsible for maintenance of the Playground after construction
has been completed and accepted.
ARTICLE VII
OBLIGATIONS OF KID COUNTRY
7.1 With the exception of the site preparation, drainage and related concrete
foundations and perimeter walks to be constructed by the City as detailed in Section 6.1 herein,
KID COUNTRY shall construct, or cause to be constructed, the Playground Improvements at
the Playground in accordance with the Design Development and Construction Documents within
twelve (12) months of the Effective Date of this Agreement.
Agreement for Playground Improvements Page 5 of 11
City of Coppell/Coppell Kid Country Playground Association
7.2 KID COUNTRY shall provide CITY with ninety (90) days prior written notice
of the date that construction of the Playground Improvements will commence.
7.3 KID COUNTRY shall proceed to completion of the installation of the new
Playground within a four (4) week time-frame from start to finish.
7.4 KID COUNTRY shall use the Grant Funds granted in Article IV solely for the
purchase or rental of equipment and purchase of construction materials for construction of the
Playground Improvements.
7.5 Indemnification. CITY SHALL NOT BE LIABLE FOR ANY LOSS,
DAMAGE, OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR
PROPERTY ARISING FROM THE CONSTRUCTION OF THE PLAYGROUND
IMPROVEMENTS BY OR THROUGH KID COUNTRY PURSUANT TO THIS
AGREEMENT. KID COUNTRY HEREBY WAIVES ALL CLAIMS AGAINST CITY,
ITS OFFICERS, AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS
SECTION AS “CITY”) FOR DAMAGE TO ANY PROPERTY OR INJURY TO, OR
DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE
OTHER THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF CITY OR
BREACH OF CITY’S OBLIGATIONS HEREUNDER. KID COUNTRY AGREES TO
INDEMNIFY AND SAVE HARMLESS CITY FROM AND AGAINST ANY AND ALL
LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS,
ATTORNEYS’ FEES AND COSTS OF INVESTIGATION) AND ACTIONS OF ANY
KIND BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO
OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY THE KID COUNTRY’S
NEGLIGENT PERFORMANCE UNDER THIS AGREEMENT OR BY REASON OF
ANY NEGLIGENT ACT OR OMISSION ON THE PART OF KID COUNTRY, ITS
OFFICERS, DIRECTORS, SERVANTS, AND EMPLOYEES, AND INVITEES (EXCEPT
WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR
DAMAGES ARISE FROM OR ARE ATTRIBUTED TO NEGLIGENCE OF THE CITY,
IN WHOLE OR IN PART, IN WHICH CASE KID COUNTRY SHALL INDEMNIFY
CITY ONLY TO THE EXTENT OR PROPORTION OF NEGLIGENCE ATTRIBUTED
TO KID COUNTRY AS DETERMINED BY A COURT OR OTHER FORUM OF
COMPETENT JURISDICTION). KID COUNTRY’S OBLIGATIONS UNDER THIS
SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF
INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY KID
COUNTRY UNDER THIS AGREEMENT. THIS PROVISION SHALL SURVIVE THE
TERMINATION OF THIS AGREEMENT.
7.6 Audits and Records.
a. KID COUNTRY agrees that during the term hereof the CITY and its
representatives may, during normal business hours and as often as deemed necessary,
inspect, audit, examine and reproduce any and all of the KID COUNTRY’s records
relating to the services provided pursuant to this Agreement for a period of one year
following the date of completion of services as determined by the CITY or date of
termination if sooner. KID COUNTRY shall keep full, auditable and detailed accounts
and exercise such cost controls as may be necessary for proper financial management
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City of Coppell/Coppell Kid Country Playground Association
under this Agreement. The accounting and control systems shall be satisfactory to
CITY. CITY, CITY’s accountants, CITY’s agents, or its authorized representative shall
be afforded reasonable access, at reasonable times, to KID COUNTRY’s personnel and
documents, such as, without limitation, time sheets, payroll burden calculations,
insurance rates (worker’s compensation and general liability) and the support thereof,
insurance contracts, invoices, bills reimbursable expenses reports, records, books, daily
logs, correspondence, instructions, record drawings, receipts, subcontracts, purchase
orders, vouchers, memoranda and other records, drawings or data relating to the
Playground Improvements performed in accordance with this Agreement. KID
COUNTRY shall preserve these for a period of three (3) years after final payment, or for
such longer period as may be required by law.
b. Within ten (10) days of City’s acceptance of the completed Playground
Improvements. KID COUNTRY shall provide the following documentation to the
CITY:
1. Written invoices and receipts of payment for rental and purchase
of any and all equipment and construction materials used for the construction of
the Playground Improvements; and,
2. Provide a written affidavit of all paid invoices and receipts within
thirty (30) days of acceptance.
3. Documentation in a form acceptable to the CITY showing any and
all funds donated by any person to KID COUNTRY to be used for the
construction of the Playground Improvements, including the name of the donor
and specific dollar amount donated.
c. KID COUNTRY shall additionally provide any and all additional
documentation to the CITY which may be reasonably requested to account for use of the
funds granted herein.
7.7 Insurance.
a. KID COUNTRY shall during the term hereof maintain in full force and
effect the following insurance policies:
Type of Insurance Policy Amount of Insurance
1. Commercial General
Liability to include
coverage for:
a) Premises/Operations
b) Products/Completed
Operations
c) Independent
Contractors
d) Personal Liability
e) Contractual Liability
f) Rented Premises
$500,000 each occurrence,
$1,000,000 general aggregate;
or
$1,000,000 combined single
limits
$100,000
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City of Coppell/Coppell Kid Country Playground Association
2. Business Auto Liability $500,000 combined single
limit
3. Workers’ Comp &
Employers’ Liability
Statutory Limits
$100,000 each accident
(coverage for employees only)
b. All insurance and certificate(s) of insurance shall contain the following
provisions: (1) name the CITY, its officers, agents and employees as additional insureds
as to all applicable coverage; (2) provide for at least thirty (30) days prior written notice
to the CITY for cancellation, non-renewal, or material change of the insurance; and (3)
provide for a waiver of subrogation against the CITY for injuries, including death,
property damage, or any other loss to the extent the same is covered by the proceeds of
insurance.
c. All insurance companies providing the required insurance shall be
authorized to transact business in Texas and rated at least “A” by AM Best or other
equivalent rating service.
d. A certificate of insurance evidencing the required insurance shall be
submitted at least ten (10) days prior to the date construction of the Playground
Improvements begins.
7.8 Release. Kid Country shall provide written release from non-paid persons
working or performing services or engage in demolition or construction on the licensed
premises. All paid personal or entities shall provide general liability in accordance with
workers compensation/certification of self insurance prior to commencement of work at
the licensed premises as provided in Paragraph 7.7 of this Agreement.
ARTICLE VIII
TERMINATION AND RECAPTURE
8.1 Termination. This Agreement shall terminate upon any one of the following:
a. by mutual written agreement of the parties;
b. Expiration Date;
c. by either party in the event the other party breaches any of the terms or
conditions of this Agreement and such breach is not cured within thirty (30) days after
written notice thereof in accordance with this Agreement;
d. by CITY, if KID COUNTRY suffers an Event of Bankruptcy or
Insolvency prior to completion of the Playground Improvements;
e. by CITY, if any Impositions, liens, claims, notice of breach to KID
COUNTRY owed to the City, the CITY or the State of Texas by KID COUNTRY shall
Agreement for Playground Improvements Page 8 of 11
City of Coppell/Coppell Kid Country Playground Association
become delinquent (provided, however KID COUNTRY retains the right to timely and
properly protest and contest any such Impositions);
f. by either party, if any subsequent Federal or State legislation or any
decision of a court of competent jurisdiction declares or renders this Agreement invalid,
illegal or unenforceable.
8.2 Recapture of Grant. In the event the Agreement is terminated by CITY
pursuant to Section 8.1 (C), (D), (E), or (G), KID COUNTRY shall immediately pay to the
CITY an amount equal to one hundred percent (100%) of the Grant for the Playground
Improvements set forth in Section 4.1 and any funds previously paid by the CITY to KID
COUNTRY. The repayment obligation of KID COUNTRY set forth in this Section 8.2 hereof
shall survive termination of this Agreement.
ARTICLE IX
ASSIGNMENT
9.1 Binding Effect. All covenants and agreements contained herein by CITY shall
bind their successors and assigns and shall inure to the benefit of KID COUNTRY and their
successors and assigns.
9.2 Assignments by CITY. CITY may assign its rights and obligations under this
Agreement to any governmental entity without prior consent of KID COUNTRY.
9.3 KID COUNTRY may not assign its rights and obligations under this Agreement.
9.4 Exculpation of CITY. CITY shall in no event be obligated to any third party,
including any contractor, material man subcontractor or consultant of KID COUNTRY, for any
work or services related to the construction of the Playground Improvements under this
Agreement; and, KID COUNTRY shall take all commercial reasonable efforts to ensure that no
liens or claims are filed against any park improvements; in the event that the CITY receives
notice of such claims, liens or encumbrances shall constitute a breach of this Agreement and the
Recapture provisions of Article VIII shall apply.
9.5 No Waivers Implied. No provision of this Agreement shall be deemed to have
been waived by CITY unless such waiver is in writing and is approved by City Council in the
form of a duly passed resolution.
ARTICLE X
MISCELLANEOUS
10.1 Conflict of Interest. KID COUNTRY warrants and certifies, and this
Agreement is made in reliance thereon, that it, its officers, employees and agents are neither
officers nor employees of CITY.
10.2 Entire Agreement. This written Agreement embodies the final and entire
agreement between the parties hereto and may not be contradicted by evidence of prior,
contemporaneous, or subsequent oral agreements of the parties.
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City of Coppell/Coppell Kid Country Playground Association
10.3 Exhibits. The exhibits attached to this Agreement are incorporated herein and
shall be considered a part of this Agreement for the purposes stated herein, except that if there is
a conflict between an exhibit and a provision of this Agreement, the provision of this
Agreement shall prevail over the exhibit.
10.4 Amendments. Except when the terms of this Agreement expressly provide
otherwise, any alterations, additions, or deletions to the terms hereof shall be by amendment in
writing executed by CITY and KID COUNTRY.
10.5 Changes in Applicable Laws. It is understood and agreed by the parties hereto
that changes in local, state and federal rules, regulations or laws applicable to CITY and KID
COUNTRY’s services hereunder (“Applicable Laws”) may occur during the term of this
Agreement and that any such changes shall be automatically incorporated into this Agreement
without written amendment hereto and shall become a part hereof as of the effective date of the
rule, regulation or law. No retroactive measures will be required for completed work or services
performed in accordance with known Applicable Laws.
10.6 Severability. If any clause or provision of this Agreement is held invalid, illegal
or unenforceable under present or future federal, state or local laws, including but not limited to
the charter, code, or ordinances of CITY or CITY, then and in that event it is the intent of the
parties hereto that such invalidity, illegality or unenforceability shall not affect any other clause
or provision hereof and that the remainder of this Agreement shall be construed as if such
invalid, illegal or unenforceable clause or provision was never contained herein. It is also the
intent of the parties hereto that in lieu of each clause or provision of this Agreement that is
invalid, illegal, or unenforceable, there be added as a part of the Agreement a similar clause or
provision as may be possible, legal, valid and enforceable.
10.7 Independent Contractors; No Agency. It is expressly understood and agreed by
all parties hereto that in performing their services hereunder, KID COUNTRY at no time will be
acting as agent of the CITY and that all consultants or contractors engaged by KID COUNTRY
shall be independent contractors of KID COUNTRY. The parties hereto understand and agree
that CITY shall not be liable for any claims that may be asserted by any third party occurring in
connection with services performed by KID COUNTRY under this Agreement unless any such
claims are due to the fault of the CITY.
10.8 Limit on Authority. The parties hereto further understand and agree that no
party has authority to bind the others or to hold out to third parties that it has the authority to bind
the others.
10.9 Legal Authority. Each persons executing this Agreement on behalf of the CITY
and KID COUNTRY, represents, warrants, assures and guarantees that he has full legal
authority to (i) execute this Agreement on behalf of CITY and/or KID COUNTRY,
respectfully, and (ii) to bind CITY and/or KID COUNTRY to all of the terms, conditions,
provisions and obligations herein contained.
10.10 Governing Law. THIS AGREEMENT SHALL BE CONSTRUED UNDER
AND IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.
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City of Coppell/Coppell Kid Country Playground Association
10.11 Venue. Any legal action or proceeding brought or maintained, directly or
indirectly, as a result of this Agreement shall be heard and determined in Dallas County, Texas.
10.12 Parties’ Representations. This Agreement has been jointly negotiated by the
CITY and KID COUNTRY and shall not be construed against a party because that party may
have primarily assumed responsibility for the drafting of this Agreement.
10.13 Notice. Any notice required to be sent under this Agreement shall be written and
mailed with sufficient postage, sent by certified mail, return receipt requested, documented
facsimile or delivered personally to an officer of the receiving party at the following addresses:
IF TO CITY: City of Coppell
255 Parkway Boulevard
P. O. Box 9478
Coppell, Texas 75019
Attn: Clay Phillips, City Manager
With copy to: Robert E. Hager, City Attorney
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
FAX: (214) 965-0010
IF TO KID COUNTRY: KID COUNTRY
P.O. Box 1683
Coppell, Texas 75019
Attn: Jack Clark
10.14 Captions. All captions used herein are only for the convenience of reference and
shall not be construed to have any effect or meaning as to the agreement between the parties
hereto.
[SIGNATURE PAGE TO FOLLOW]
[THIS PORTION LEFT BLANK INTENTIONALLY]
Agreement for Playground Improvements Page 11 of 11
City of Coppell/Coppell Kid Country Playground Association
EXECUTED this ____ day of ________________, 2012.
APPROVED AS TO FORM:
Robert E. Hager,
City Attorney
CITY:
CITY OF COPPELL, TEXAS,
A home rule municipality
By:
Name: Karen Selbo Hunt
Title: Mayor
EXECUTED this ____ day of ________________, 2012.
KID COUNTRY:
COPPELL KID COUNTRY
PLAYGROUND ASSOCIATION,
a Texas non-profit corporation
By:
Jack Clark,
President
Exhibit A to Agreement for Playground Improvements
City of Coppell/Coppell Kid Country Playground Association TM 54844
EXHIBIT A
DESIGN DEVELOPMENT AND CONSTRUCTION DOCUMENT
[To be attached]
TM 55472
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL,
DALLAS COUNTY, TEXAS, ORDERING A RUNOFF ELECTION TO BE
HELD ON JUNE 23, 2012, FOR THE PURPOSE OF ELECTING A CITY
COUNCILMEMBER FOR PLACE 3; DESIGNATING LOCATION OF
POLLING PLACE; ORDERING NOTICES OF ELECTION TO BE GIVEN
AS PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION;
PROVIDING FOR EARLY VOTING; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, a special election was held by the City of Coppell, Texas on May 12, 2012, to
fill an unexpired term for Councilmember Place 3; and,
WHEREAS, the candidates for Councilmember Place 3 received less than a majority of all
votes cast; and,
WHEREAS, a run-off election is now required, under state law, to fill Councilmember Place
3; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS, THAT:
SECTION 1. A municipal runoff election is hereby ordered for June 23, 2012, for the purpose of
electing a City Councilmember for Place 3 for a an unexpired term. The only candidates for said
runoff election shall be the two candidates for Place 3 who received the highest and second highest
number of votes for said office at the Municipal Officers Election for the City conducted on May 12,
2012 and canvassed on May 22, 2012. According to the official canvass of said election, no
candidate for said Place 3 received a majority of the votes cast for said office and the candidate
receiving the highest number of votes was as follows:
1. Wes Mays 1,062 Votes
2. Greg Garcia 975 Votes
SECTION 2. The Presiding Election Judge and Alternate Presiding Election Judge appointed to
serve the authorized polling place and the early voting clerk (City Secretary) and deputy early voting
clerk shall be those election officials who served at the regular election on May 12, 2012. A voting
system or systems meeting the standards and requirements of the Texas Election Code, as amended,
is hereby adopted and approved for early voting by personal appearance, by mail and for Election
Day voting.
SECTION 3. The entire City shall constitute one election precinct for the election and the Coppell
Town Center Building, 255 E. Parkway Blvd. Coppell, Texas 75019, is hereby designated the
polling place for Election Day. The election officers and maximum number of clerks for said
polling place shall be determined by the Presiding Election Judge.
On Election Day, the polls shall be open from 7:00 A.M. to 7:00 P.M.
The Office of the City Secretary in the Coppell City Hall, 255 E. Parkway Blvd.
Coppell, Texas 75019, is hereby designated the early voting place. Applications
for ballot by mail shall be received and processed by the City Secretary by
5:00 p. m. on June 19, 2012.
Early voting for the Runoff Election shall begin on June 11, 2012, and end on
June 19, 2012, and the dates and hours designated for early voting by personal
appearance at the early voting locations shall be as set forth below:
Dates Hours
June 11 (Monday through Friday) June 15 8 AM to 5PM
June 16 (Saturday) 8AM to 5 PM
June 17 (Sunday) 1 PM to 6 PM
June 18 (Monday through Tuesday) June 19 7 AM to 7 PM
For purposes of processing ballots cast in early voting, the election officers for the early voting
ballot board for this election shall be the Mayor and City Secretary.
SECTION 4. The run-off election shall be conducted by Dallas County in accordance with an
interlocal agreement between Dallas County and the City of Coppell and the in person early voting
places for residents of Coppell in Dallas and Denton Counties shall be at follows:
Coppell Town Center 255 Parkway Blvd. Coppell 75019
Duncanville Library 201 James Collins Duncanville 75116
Garland City Hall 200 N Fifth Garland 75040
Glenn Heights City Hall 1938 South Hampton Road Glenn Heights 75154
Irving City Hall 825 W Irving Blvd. Irving 75060
Lakeside Activity Center 101 Holley Park Dr Mesquite 75149
Sachse City Hall 3815 Rd Building B Sachse 75048
SECTION 5. All resident qualified electors of the City shall be permitted to vote at said election.
This election shall be held and conducted in accordance with the provisions of Texas Election Code,
and as may be required by law, all election materials and proceedings shall be printed in both
English and Spanish.
SECTION 6. The City Secretary is hereby directed to cause notice of said election to be published
at least once, not earlier than the 30th day nor later than the 15th day, before election day as
provided in Section 4.003(a) (1) of the Texas Election Code; and shall be posted on the bulletin
board used for posting notices of the City Council meetings not later than the 15th day before
election day. A copy of the published notice that contains the name of the newspaper and the date of
publication shall be retained as a record of such notice, and the person posting the notice shall make
a record at the time of posting stating the date and place of posting in accordance with Texas
Election Code Section 4.005.
SECTION 7. This resolution shall take effect immediately upon its passage.
APPROVED AND ADOPTED by the City Council of the City of Coppell this 22nd day of May
2012.
Karen Selbo Hunt, Mayor
ATTEST:
__________________________________
Christel Pettinos, City Secretary
APPROVED AS TO FORM:
_________________________________
Robert E. Hager, City Attorney
TM 55472
RESOLUCIÓN NÚM.
UNA RESOLUCIÓN DEL AYUNTAMIENTO MUNICIPAL DE LA CIUDAD
DE COPPELL, CONDADO DE DALLAS EN TEXAS, QUE EXPIDE EL
MANDATO DE CONVOCAR A UNA ELECCIÓN DE SEGUNDA VUELTA A
EJERCERSE EL 23 DE JUNIO DEL 2012 CON EL PROPÓSITO DE
ELEGIR A UN CONCEJAL MUNICIPAL EN EL ESCAÑO 3, DESIGNANDO
LA UBICACIÓN DE LA CASILLA ELECTORAL, MANDATO PARA
NOTIFICAR LA ELECCIÓN APEGÁNDOSE A LO RECOMENDADO POR
LA LEY RELACIONADA CON DICHA ELECCIÓN CONTEMPLÁNDOSE
LA ELECCIÓN ANTICIPADA Y CONTEMPLÁNDOSE TAMBIÉN UNA
FECHA PARA QUE ENTRE EN VIGOR.
CONSIDERANDO QUE, el 12 de mayo de 2012 se llevó a cabo una elección especial
convocada por el Municipio de Coppell, Texas, con el propósito de ocupar una gestión aún
sin fenecer del Concejal que ocupara el Escaño 3, y
CONSIDERANDO QUE, los candidatos propuestos para ocupar el Escaño 3, como
Concejales, se adjudicaron menos de una mayoría de todos los votos decisivos, y
CONSIDERANDO QUE, ahora es necesaria una elección de segunda vuelta, según la ley
estatal, para ocupar el Escaño 3 como Concejal, y
AHORA, Y POR LO TANTO, QUE RESUELVA EL AYUNTAMIENTO MUNICIPAL DE
LA CIUDAD DE COPPELL, CONDADO DE DALLAS EN TEXAS, QUE:
SECCIÓN 1. Se ordena por este medio convocar a una elección de segunda vuelta en la
municipalidad, a ejercerse el día 23 de junio de 2012, con el propósito de elegir a un Concejal
Municipal para ocupar el Escaño 3 en una gestión aún sin fenecer. Los únicos candidatos para
dicha elección de segunda vuelta serán aquellos dos candidatos propuestos para ocupar el Escaño 3
que hayan recibido el primer y segundo número de votos más elevado para ocupar dicho puesto en la
Elección de Funcionarios Municipales de esta Ciudad que se llevó a cabo el 12 de mayo de 2012 y
que fuera escudriñada el 22 de mayo de 2012. Apegándose al escrutinio oficial de dicha elección,
ningún candidato propuesto para dicho Escaño 3 logró adjudicarse una mayoría de los votos
ejercidos para dicho puesto y el candidato que recibiera el número más elevado de votos fue el
siguiente:
1. Wes Mays 1,062 votos
2. Greg Garcia 975 votos
SECCIÓN 2. El juez que presidirá la elección y el juez alterno a presidirla, nombrados para atender
la casilla electoral autorizada, así como la secretaria del voto anticipado (Secretaria del
Ayuntamiento) y el delegado de la secretaria del voto anticipado serán aquellos funcionarios
electorales que prestaron sus servicios durante la elección convocada el 12 de mayo de 2012. Por lo
tanto, se adopta y se aprueba el sistema o sistemas para ejercer el voto que cumplen con las normas y
requisitos del Código Electoral de Texas, según sus reformas, para ejercer el voto anticipado
compareciendo en persona, por correo y durante el día de la elección.
SECCIÓN 3. El municipio en su totalidad constituirá un distrito electoral para ejercer el voto y las
instalaciones del Coppell Town Center ubicadas en el 255 Parkway Boulevard en Coppell Texas,
75019, se designan por este conducto como la casilla electoral para ejercer el voto en ése día. Los
funcionarios electorales y el número máximo de secretarios para dicha casilla electoral serán
determinados por el juez que presida dicha elección.
El día de las elecciones, la casilla electoral abrirá sus puertas a partir de las 7:00
a.m. y cerrará hasta las 7:00 p.m.
La Oficina de la Secretaria del Ayuntamiento ubicada en las instalaciones del
Coppell Town Center en el 255 Parkway Boulevard en Coppell Texas, 75019, se
designa por este conducto como la casilla electoral para ejercer el voto anticipado.
Las solicitudes de las boletas electorales por correo deberán recibirse y procesarse
en la Oficina de dicha Secretaría antes del 19 de junio de 2012.
El ejercicio del voto anticipado para la elección de segunda vuelta dará inicio el
11 de junio de 2012 y terminará el 19 de junio del 2012, las fechas y horarios
establecidos para ejercer el voto anticipado compareciendo en persona en la
casilla electoral para el voto anticipado serán como se establecen a continuación:
Fechas Horario
11 de junio (Lunes a Viernes) 15 de junio 8 AM a 5 PM
16 de junio (Sábado) 8 AM a 5 PM
17 de junio (Domingo) 1 PM a 6 PM
18 de junio (Lunes a Martes) 19 de junio 7 AM a 7 PM
Con el propósito de procesar el conteo de las boletas electorales en el voto anticipado, se nombran al
Alcalde y la Secretaria del Ayuntamiento como los funcionarios electorales para el consejo de
boletas electorales del voto anticipado.
SECCIÓN 4. La elección de segunda vuelta las llevará a cabo el Condado de Dallas apegándose a un
convenio interno local entre el Condado de Dallas y el Municipio de Coppell, y la ubicación de cada
una de las casillas electorales para ejercer el voto en persona para los residentes de Coppell en los
Condados de Dallas y Denton será como sigue:
Coppell Town Center 255 Parkway Blvd. Coppell 75019
Biblioteca de Duncanville 201 James Collins Duncanville 75116
Recinto Municipal de
Garland
200 N Fifth Garland 75040
Recinto Municipal de Glenn
Heights
1938 South Hampton Road Glenn Heights 75154
Recinto Municipal de Irving 825 W Irving Blvd. Irving 75060
Centro de Actividades de
Lakeside
101 Holley Park Dr Mesquite 75149
Recinto Municipal de Sachse 3815 Rd Building B Sachse 75048
SECCIÓN 5. Todos los residentes, que sean electores que cumplan con los requisitos, dentro de
dicha Ciudad, tendrán derecho a votar en dicha elección. Esta elección se llevará a cabo y dirigida
apegándose a las cláusulas del Código Electoral de Texas, y según lo exija la ley, todos los
materiales electorales y procesos deberán imprimirse tanto en inglés, como en español.
SECCIÓN 6. Se le notifica e instruye a la Secretaria del Ayuntamiento que se exhiba el aviso de
dicha elección publicándose por lo menos una sola vez, no antes del 30o. día o posterior al 15º. día
previo al día de la elección, según lo contempla la Sección 4.003(a) (1) del Código Electoral de
Texas, y se exhibirá en el lugar designado para las notificaciones públicas de las Reuniones del
Ayuntamiento antes del 15º. día previo al día de la elección. Se deberá conservar, como una
constancia de dicha notificación, un ejemplar de la notificación publicada que contenga el nombre
del periódico y la fecha de su publicación, y la persona que publique dicha notificación tomará nota
de la hora de dicha publicación, la fecha en la que se publicó y el lugar donde se publicó, según lo
exige el Código Electoral de Texas en la Sección 4.005.
SECCIÓN 7. Esta resolución entrará en vigor de inmediato una vez promulgada.
APROBADA Y ACEPTADA por el Ayuntamiento Municipal de la Ciudad de Coppell, Texas
este día 22 de mayo del año 2012.
Douglas N. Stover, Alcalde
ATESTIGUÓ:
__________________________________
Christel Pettinos, TRMC, Secretaria del Ayuntamiento
APROBADA POR SU CONTENIDO Y FORMA:
_________________________________
Robert E. Hager, Procurador de Justicia del Municipio